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HomeMy WebLinkAboutCouncil Actions 01-05-98SWAIN 33690 ROANOKE CITY CO UNCIL REGULAR SESSION January 5, 1998 12:lSp. m. CITY COUNCIL CHAMBER AGENDA FOR THE COUNCIL Call to Order ~/~A. -- Roll Call. All Present. A report of the City Manager with regard to a proposed increase for certain parking ticket fines. (10 minutes) File #20-24 Received and fried. A report of the City Manager with regard to development of a landscaping plan for 1-581/Southwest Expressway. (15 minutes) File #77-514 Received and f'ded, Co A report of the City Manager with regard to HUD Funds Allocation Policy. (15 minutes) File #178-236 Received and filed. At 1:35 p.m., the meeting was declared in recess until 2:00 p.m. 2 ROANOKE CITY CO UNCIL REGULAR SESSION January 5, 1998 2:00p. m. CITY COUNCIL CHAMBER AGENDA FOR THE COUNCIL Call to Order-- Roll Call. All Present. The Invocation was delivered by Mayor David A. Bowers. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor David A. Bowers. Welcome. Mayor Bowers. NOTICE: Meetings of Roanoke City Council are televised live on RVTV Channel 3. Today's meeting will be replayed on Channel 3 on Thursday, January 8, 1998, at 7:00 p.m. 3 ANNOUNCEMENTS: THE PUBLIC IS ADVISED THAT MEMBERS OF COUNCIL RECEIVE THE CITY COUNCIL AGENDA AND RELATED COMMUNICATIONS, REPORTS, ORDINANCES AND RESOLUTIONS, ETC., ON THE THURSDAY PRIOR TO THE MONDAY COUNCIL MEETING TO PROVIDE SUFFICIENT TIME FOR REVIEW OF INFORMATION. CITIZENS WHO ARE INTERESTED IN OBTAINING A COPY OF ANY ITEM LISTED ON THE AGENDA MAY CONTACT THE CITY CLERK'S OFFICE, ROOM 456, MUNICIPAL BUILDING, OR AT 853-2541. 0 CONSENT AGENDA (Approved 6-0.) (Council Member Trout was out of the Council Chamber) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE MEMBERS OF CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. C-1 A communication from Mayor David A. Bowers requesting an Executive Session to discuss vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in request for Council to convene in FILE #110-132 Executive Session. 4 C-2 A report of the City Manager requesting an Executive Session to discuss specific legal matters requiring the provision of legal advice by counsel, being the negotiation of a possible amendment to the Roanoke Valley Resource Authority's Member Use Agreement and related documents, pursuant to Section 2.1-344 (A) (7), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in request for Council to convene in File #104-132-253 Executive Session. C-3 A report of the City Manager requesting an Executive Session to discuss specific legal matters requiring the provision of legal advice by counsel, being the terms and conditions of a contract in negotiation concerning the use of the Civic Center, pursuant to Section 2.1-344 (A) (7), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in request for Council to convene in File #104-132-192 Executive Session. C-4 A report of the City Attorney requesting an Executive Session to discuss and consider a matter of pending litigation, specifically a lawsuit brought against two City employees, pursuant to Section 2.1-344 (A) (7), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in request for Council to convene in File #83-132-184 Executive Session. C-5 Minutes of the meeting of the Audit Committee of Roanoke City Council which was held on Monday, December 1, 1997. RECOMMENDED ACTION: Receive and file. File #300 C-6 C-7 A report of the City Manager with regard to scheduling a public hearing on Tuesday, January 20, 1998, at 7:00 p.m., on Intermodal Surface Transportation Efficiency Act Enhancement Projects. RECOMMENDED ACTION: File #200-229-236-379- Concur in the recommendation to schedule a public hearing on Tuesday, January 20, 1998, at 7:00 p.m. A report of the City Manager requesting approval of the proposed budget study schedule for fiscal year 1998-99. RECOMMENDED ACTION: Concur in the request. File #60 C-8 C-9 A communication from Louis E. Ellis tendering his resignation as a member of the Roanoke Neighborhood Partnership Steering Committee. RECOMMENDED ACTION: Receive and file the communication and File #110-488 accept the resignation. Qualification of the following persons: Bernice F. Jones as a member of the Advisory Board of Human Development for a term ending November 30, 2001; and RECOMMENDED ACTION: Receive and file. File #15-72-110 Allen L. Clark, William E. Skeen, and Lular R. Lucky for terms ending November 30, 2000, and Ronald H. Miller for a term ending November 30, 1998, as members of the Roanoke Neighborhood Partnership Steering Committee. RECOMMENDED ACTION: Receive and file File #15-110-488 REGULAR AGENDA 3. HEARING OF CITIZENS UPON PUBLIC MATTERS: ao Request to address Council regarding adoption of a Resolution in support of the Wyoming-Cloverdale 765 kV transmission project. Terry L. McMahan, District Manager - Roanoke, American Electric Power, Spokesperson. (5 minutes) Adopted Resolution No. 2121690-010598. (7-0) File #29 0 PETITIONS AND COMMUNICATIONS: None. 5. REPORTS OF OFFICERS: a. CITY MANAGER: BRIF~FINGS: None. ITEMS RECOMMENDED FOR ACTION: A report recommending purchase of one new street sweeper from Virginia Publ/c Works Equipment Company, in the mount of $81,471.00; and appropriation of funds in connection therewith. Adopted Ordinance 321692-010598. (7.0) File #60-67-472 No. 2121691-010598 and Resolution No. Council Member Swain requested information on the age of those vehicles which are proposed to be replaced. 7 A report recommending acceptance of bids received by the City for furnishing and delivering certain vehicular equipment for use by various City departments; and appropriation of funds in connection therewith. Adopted Ordinance No. 33693-010598 and Resolution No. 33694-010598. (6-0). (Mayor Bowers abstained from voting). File 060-270-472 o A report recommending execution of an amendment to the City's contract with the Virginia Department of Health relating to operation of the local Health Department. Adopted Resolution No. 33695-010598. (7-0) File 022 Council Member Swain requested information on the nature of services provided under the category, "Special Clinic Services". A report recommending acceptance of a Welfare Reform Transportation Grant, in the amount of $87,061.00, to assist recipients of Temporary Assistance to Needy Families located in Roanoke City, Roanoke County and Botetourt County; and appropriation of funds in connection therewith. Adopted Ordinance No. 33696-010598 and Resolution No. 33697-010598. (7-0) File 060-72 b. CITY ATTORNEY: A report recommending authorization for the City Manager to execute an amendment to the Temporary Nonexclusive Revocable License Agreement with KMC Telecom of Virginia, Inc. Adopted Ordinance No. 33698-010598 on first reading. (7-0) File//291-322 c. DIRECTOR OF FINANCE: A financial report for the month of November, 1997. Received and filed. File #10 Council Member White requested that the City Manager contact the appropriate school officials with regard to providing f'mancial support to recognize outstanding accomplishments of the football teams at William Fleming and Patrick Henry High Schools. A report with regard to the sale of the City's Series 1997 General Obligation Bonds. Received and filed. File #53-217 The Mayor requested that Council be provided with copy of the summary of opinions of bond rating agencies. A report transmitting the City's General Fund Revenue Compendium through fiscal year 1997. Received and filed. File #289 9 6. REPORTS OF COMMITTEES: A report of the City Planning Commission with regard to renaming the Market Square Walkway the Arthur S. Owens Walkway. Gilbert E. Butler, Jr., Chairperson. Withdrawn. bo A report of the bid committee recommending award of a lump sum contract to S. R. Draper Paving Company, in the amount of $256,739.66, for construction of traffic signals at the intersections of Colonial Avenue and McNeil Drive, S. W., and Hershberger Road and Westside Boulevard, N. W.; and transfer of funds in connection therewith. Council Member John H. Parrott, Chairperson. Adopted Ordinance No. 33699-010598 and Ordinance No. 33700- 010598. (7-0) File #20-60 7. UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: Ordinance No. 33686, on second reading, rezoning a tract of land described as 3.628-acres, Acreage Tract, Persinger Road, 1147 Persinger Road, S. W., being a portion of Official Tax No. 1260214, from RS-2, Residential Single Family District, to RM-2, Residential Multifamily, Medium Density District, subject to certain conditions proffered by the petitioners. Adopted Ordinance No. 33686-010598. (5-2). (Council Members Harris and Parrott voted no.) File #51 l0 bo Ordinance No. 33687, on second reading, rezoning a tract of land located at 639 Liberty Road, N. E., containing .75 acres, more or less, identified as Official Tax No. 3131003, fi.om HM, Heavy Manufacturing District, to LM, Light Manufacturing District, subject to certain conditions proffered by the petitioners. Adopted Ordinance No. 33687-010598. (7-0) File #51 Co Ordinance No. 33688, on second reading, mending the proffered conditions for rezoning of a tract of land located at the north end of Griffin Road, S. W., adjacent to the east side of Franklin Road, U. S. Route 220, containing 13.81 acres, more or less, identified as Official Tax No. 5480712, fi.om RS-3, Residential Single-Family District, to C-2, General Commercial District, and RPUD, Residential Planned Unit Development District, which rezoning was previously approved by the Council of the City of Roanoke, pursuant to Ordinance No. 32867- 040196 adopted on April l, 1996, with the original proffers relating to said property having been amended pursuant to Ordinance No. 33355- 050597 adopted on May 5, 1997. Adopted Ordinance No. 3;t688-010598. (7-0) File #51 9. MOTIONS AND MISCELLANEOUS BUSINESS: a. Inquiries and/or comments by the Mayor and Members of City Council. Vice-Mayor Wyatt inquired as to the projected date for traffic signal installation on Westside Blvd. and Hershberger Road, N. W., whereupon, the Director of Public Works advised that the traffic signal will be installed prior to the beginning of the 1998 school year. File #20 Council Member Swain commended the City Administration on a report summarizing the status of various City construction projects. File 0183 Council Member removal efforts. File #410 Harris commended City staff on recent snow Vice-Mayor Wyatt requested that temporary facilities be provided at the Roanoke Civic Center pending installation of permanent diaper changing stations in the restroom areas. File 0192 Council Member Trout requested that the matter of upgrading Liberty Road from Orange Avenue to Williamson Road be referred to the City Manager for study, report and recommendation to Council. File #20-514 Council Member Swain spoke in support of the installation of appropriate signage at strategic locations in the City setting forth the penalty for violating the City's litter laws. File #107-144 Vacancies on various authorities, boards, commissions and committees appointed by Council. 10. HEARING OF CITIZENS UPON PUBLIC MATTERS: CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR OUR CITIZENS TO BE HEARD. IT IS THE CITIZENS' TIME TO SPEAK AND COUNCIL'S TIME TO LISTEN. MATTERS REQUIRING REFERRAL TO THE CITY MANAGER WILL BE REFERRED, WITHOUT OBJECTION, IMMEDIATELY FOR ANY NECESSARY AND APPROPRIATE RESPONSE, RECOMMENDATION OR REPORT BACK TO COUNCIL. CERTIFICATION OF EXECUTIVE SESSION. (5-0) (Council Members Trout and Harris were absent.) 12 Evelyn F. Board was appointed as a member of the Human Services Committee for a term ending June 30, 1998. File #72-110 Alfred T. Dowe, Jr. was appointed as a member of the City Planning Commission for a term ending December 31, 2000. File #15-110-200 Martin D. Jeffrey and Viola N. Campbell were reappointed for terms ending November 30, 2000, and Barbara N. Duerk was reappointed for a term ending November 30, 1998, as members of the Roanoke Neighborhood Partnership Steering Committee. File #15-110-488 .Ann J. Frances was reappointed as a City Representative to the Blue Ridge Community Services Board of Directors for a term ending December 31, 2000. File 015-110-335 William H. Cleaveland was reappointed as a City Representative to the Court Community Corrections Program Policy Board for a term ending December 31, 2000. File #15-110-242 Kit B. Kiser was reappointed as a City Representative to the Roanoke Valley Resource Authority for a term ending December 31, 2000. File #15-110-253 Louise C. Williams was reappointed as a member of the Board of Zoning Appeals for a term ending December 31, 2000. File #15-51-110 RECEI'~EB CLERKS '97 g22 P3:11 Roanoke, Virginia January 5, 1998 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Please reserve space January 5, 1998, on Council's 12:15 p.m. agenda for a briefing concerning Proposed Increase for Certain Parking Ticket Fines. Respectfully submitted, W. Robert Herbert City Manager WRH/GCS/hw cc: City Attorney Director of Finance DRAFT January 20, 1998 Council Report #97-401 The Honorable David A. Bowers, Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: SUBJECT: Proposed Increase in Certain Parking Ticket Fines I. BACKGROUND A. City Council reviewed and revised parking ticket fines in 1981. B. Citizens' perception is that there is no free parking downtown. Co Total on-street parking spaces in downtown Roanoke is 1,187 (see Attachment 1). Four Hundred Twenty-two (422) of these spaces are restricted use or in no parking zones. Available on-street parking spaces in downtown Roanoke during normal business hours is 765. Do Turnover of these spaces is limited due to the low parking ticket fine, contributing to fewer customers and lower sales for downtown businesses. Parking tickets were issued for 34,454 infractions of parking regulations during calendar year 1996 in the downtown area. Fifty-nine percent (59%) of these tickets were for overtime parking and meter violations. Fo City of Roanoke and Downtown Roanoke, Inc.'s interest in parking control is to ensure: Adequate mad space for the safe and expeditious movement of vehicular traffic; and Fair and equitable rotation of on-street parking spaces. Time limited parking ensures use by the maximum number of people as space is made available. The Honorable Mayor and Members of City Council Page 2 January 20,1998 II. mo CURRENT SITUATION A. The current fine of $5.00 for overtime parking and meter violations is the lowest among certain Virginia localities surveyed (see Attachment 2). It does not deter parking violations because an occasional ticket may be more cost effective than monthly parking rates. Virginia Code 46.2-1242 requires a minimum $100.00 fine for handicapped violation. The city's current fine for handicapped violation is $50.00. Seven Hundred (700) monthly parking spaces are now available in downtown, consisting of 600 in parking structures and 100 on surface lots. Economic value of each parking space for downtown Roanoke businesses, per Downtown Roanoke, Inc., is estimated to be $200.00 per day, per space (see Attachmem 3). Downtown Roanoke, Inc. supports a fine increase for reasons of deterrence and space rotation (see Attachment 4). Fo Virginia Western Community College supports a fine increase. Current fines do not deter repeat violators (see Attachment 5 and 5a). Roanoke City Fire Department supports a fine increase for fire hydrant parking violations for reasons of safety and to ensure that hydrants are accessible. ISSUES A. Deterrence to violators B. Equitable rotation of spaces C. Comparability_ to surrounding jurisdictions D. Economic value to downtown Roanoke E. Legal F. Budgetary_ Impact The Honorable Mayor and Members of City Council Page 3 January 20,1998 ALTERNATIVES mo Increase certain parking ticket fines as listed in the attached schedule proposal (see Attachment 6). Increased fines will be a deterrent to repeat violators and address the problematic issues raised by Downtown Roanoke, Inc. and Virginia Westem Community College. Movement and safety will be enhanced by the deterrent effect of larger fines. An increase will bring Roanoke City's parking fine structure in line with Virginia jurisdictions. 4. The economic value to downtown Roanoke businesses w/Il be enhanced. Bo Do not 2. 3. 4. 5. Legal concerns would require an amendment to Section 20-89, City Code, as to fine structure. Raising the handicapped violation fine would comply with the Virginia Code requirement. Budgetary impact a. If the increase in fmes acts as a deterrent as anticipated, an increase in revenue would be marginal. increase parking frees. Repeat violators will not be deterred. Equitable and efficient use of on-street spaces will not be enhanced. Roanoke City will continue with the lowest fine structure in the area. The economic value of spaces downtown will not be enhanced. Compliance with State would need to be addressed (re: Disabled Parking) in some other fashion. 6. There will be no impact on revenue. The Honorable Mayor and Members of City Council Page 4 January 20,1998 Vo RECOMMENDATION City Council approve Alternative "A," the new fines to be effective February 1, 1998, to allow time for public dissemination of information aborn the increase and for printing of new tickets (see Attachment 7.) B. Authorize an amendment to Section 20-89, City Code, as to fine amounts. Respectfully submitted, W. Robert Herbert City Manager WgH/hw Attachments: 1. Listing of downtown parking spaces 2. Parking Ticket Fines Survey 3. Article from Downtown Roanoke, Inc. 4. Letter from Downtown Roanoke, Inc., dated April 4, 1997 5. Letter from Dr. Charles Downs, Virginia Western Community College 5a. Letter from Dwight Blalock, Dean of Financial & Administrative Services, VWCC 6. Fine Schedule 7. Action Plan for public information CCi City Attorney Director of Finance Director of Public Safety Chief, Billings and Collections Acting Police Chief Downtown Roanoke, Inc. Dr. Charles Downs, VWCC AITACH }!ENT 1 Listing of downtown, on-street parking spaces. All categories. 5th Street SW, (west); to 1-581 (east); Elm Avenue (south); to Norfolk Avenue (north) Han~capped P~ng 29 P~ng Meters 116 No P~n~oa~ng Zone 157 ~ck - Loa~ng Zone 5 Res~cted - Loa~ng Zone - 20 ~nutes 3 No P~g Bus Sto~ck ~a~ng Zone 4 No P~king Loa~ng Zone 5 ~ - 10 ~ Monday - Sat~day I Ho~ 10 ~ - 6 PM Monday - F~day 2 Ho~ 10 ~ - 6 PM Sat~day 3 T~ck Loa&ng Zone 9 ~ - 11 ~; I PM - 4 PM No P~ng ~1 Other ~mes 3 No P~g 6 ~ - 9 ~ No P~g Loa~ng Zone 9 ~ - 6 PM 2 No P~ng Loa&ng Zone Monday - Friday 6 ~ - 6 PM 30 Minums on Sat~day 5 T~ 5 One Ho~ P~ng - No ~c~ 2 No P~ng - Police Ve~cles Only 9 She~Ws Dep~ent 4 15 ~nute P~king - Visitor's ~o~afion 3 One Ho~ 6 ~ - 6 PM 169 ~o Ho~ 6 ~ - 6 PM 85 ~ee Ho~ 6 ~ - 6 PM 7 10 Minute 6 ~ - 6 PM 2 15 Minute 6 ~ - 6 PM 45 30 Minute 6 ~ - 6 PM 163 10 Minu~ 6 ~ - 6 PM -- 2 Ho~ on Sat~ay 1 30 Minute 6 ~ - 6 PM -- 2 Ho~s on Sat~day 7 15 Minute 6 ~ - 6 PM -- 2 Hours on Sat~day 12 ATTACHMENT (page 2) One Hour Parking 6 AM - 6 PM 2 Hours on Saturday 92 One Hour Parking 9 AM - i PM No Parking i PM - 9 AM 1 i No Parking 3 PM - 6 PM Monday - Friday i Hour 6 AM - 3 PM 2 Hours on Saturday 11 No Parking 9 AM - 5 PM Monday - Friday 30 Minute Parking 6 AM - 9 AM; 5 PM - 6 PM Monday - Friday 1 i30 Minute Parking No Parking Friday 9 AM - 12 Noon 6 i Hour Parking 9 AM - 4 PM 10 Minute Parking 7 AM - 9 AM; 4 PM - 6 PM 2 No Parking 5 AM - 9 AM I Hour Parking 9 AM - 6 PM 2 Hours Parking Saturday 40 No Parking 4 PM - 6 PM Elm Avenue - (Franklin Road to 5th Street) 28 No Parking 4 PM - 6 PM 5th Street SW (Luck Avenue to Elm Avenue) 1! 2 No Parking 4 PM - 6 PM 3rd Street SE (Tazewell Avenue to Bullitt Avenue) 25 No Parking 4 PM - 6 PM Marshall Avenue (4th Street to 5th Street) 16 No Parking 4 PM - 6 PM 4th Street SW (Marshall Avenue to Elm Avenue) 24 No Parking 4 PM - 6 PM Day Avenue (Fr~nlrliXl Road to 4th Street) 24 No Parking 6 AM - 6 PM Monday - Friday Parking All Other Times Jefferson Street (Salem Avenue to Elm Avenue) 65 TOTAL 1,187 ATTACHMENT NO. 2 PARKING TICI4ET FINES SIflRVEY NORFOLK $30.00 $15.00 $100.00 $ 50.00 to $50.00 $100.00 35.00 25.00 ALEXANDRIA I 25.00 20.00 100.00 100.00 to 35.00 125~00 I 35.00 ARLINGTON COUNTY [ 20.00 20.00 40.00 40.00 40.00 40.00 125.00 [ ROANOKE COUNTY I 15.00 N/A 50.00 50.00 15.00 25.00 50.00 ] I I .oo .oo SALEM I 10'00 N/A 25.00 10.00 10.00 25.00 50.00/ BLACKSBURG I 10'00 $10.0025.00 10.00 10.00 25.00 50.00/ VINTON / 10'00 N/A15.00 15.00 10.00 N/A 50.00/ / LYNCHBURG / 10.00 10.00 10.00 10.00 10.00 N/A 100.00! DANVILLE / 10.00 10.00 50.00 10.00 10.00 25.00 50.00 ROANOKE CITY / 5.00 5.00 50.00 10.00 5.00 25.00 50.00 ! 0[/07/[~97 [4:02 540344[452 DOWNTOWH RO~NOKE IHC A'rT.A~ 3 - "ParSE -e2 ~ am uaunHlr held ~ It', just one air the ~rays C. aihhan i. wire [ '.do.', acta ~' ,~md' or ceu~e, he ~ 'alw~r~ ~ rea  ,.::.,.. %. . .: .... . ,. .. . . .. .... Bilite, Rm. tq~ 7em' a~:~, Wallama e. qamded ~ remuram, with a pm~ pea.' ~ cae lwip d'l:e ~ amy, mllbma P uc rr Mt s problem tn moat central buane~ ~m and o~ ~t deepl. ~ from th~ od~i o=~r ll~ I-hmab~ ~ a~l.: Il la front ofyo~r buaM~ eoukl m~an up to $200 a day in sal~ fo. adds 'Irs tl~ ~ till ~ ~1 'm-~.- Mill Mountalsi Coffee and Tea · $~:amve d m~~w~~a~~,s~~ downtow~ When you prevent a customer from parkln~ ther~ ?ou ~ your rmShl~rir~ ~ 1o~ mor~,y. For a lh~in$ o: i:~rkin~ lots and r$.~, e~t tim Dill ANNUAL REPORTS AVAII LE dL~fd:R~'d to do~nto~ ptopert~ owners and to DRI membership. The Ffacal Ymt 9~-96 Audit is available free o: chm~: ~O~ ~. To mz:eive a copy ofthe report, ,-~q DiE at $42-20:18, or stop by our new office at the Oretor l~ct~s, ~1o Fire su~eg Me. mnine Level, ~ resulm' bua- ness hours .Mon~y-Fflday. Total Pe, v~m ~ C.=l~al Xnvm~nent Total Public ~-etor Capital Inveatment 1 $554,614 $~, t44 OFFICERS AND DIRECTORS ROBERT E. MANETTA Carillon Heelth Syttem Prllicleflt ROBERT W. GLENN. .IR. Issues Menegement Group Preiiclent-Elect ROIERT $. CAI,LAHAN, JR. 3Q~ First Street Vice Preclaent encI Becretl~ IIVIRLY T. Iql"ZPATRK=K, JR. The New Century Council Vice EDWIN C. HALL Hell Allocillll Vice Precldont TED MOOMAW, Wocld Trev~ Vici Prllidlnl ROIIRT W. HILMI FIrM Union Nltl~nll knk of Vlrginll T rmumr GARY D. IALDWl Blue Iql~e Cmltlfl Erupt, lure ROIIRT G. IENNll"r JOHN ¢. IIRRY Trtgon Blue Croll Blue W1LLI&M H. CANOIN Pitrtck Henry Hate4 City of Roenakt DONALD G. OQOUTTLI CocI-COII Bottling Company Cofllollclltl4 JOHN P. GROVE wooee ~ngem A Ha~tngrove JAMEN W. HARKNilI, JR. SUIAN W. JINNIGI JOHN W. LAMIIRT, JR. Joltn LImOltt A#OCIllll ROIIRT O. LAIION, JIL ~ link JAMES B. MArlEY. I Co,men · M~#ey, PC JOHN G. MOLEQO McL~O~ B C~mD~ny THOMAI P. S~ ~o~n's E~ia~ ¢~urc~ Bell JAMES C. m Conic in The PAI~CK N. ~HAIqlNEN Sl~mrtz Fmnl~fl Gmw~4~ Bl~4ffnm'. In~. & CURT~ &¥1~ JMIEN I. TURNIk ,,IR. J.M. Tom~t · ~ny, Ina. ANTHONY ~,. W~ NOHOt Southern Cocl~tl~ Weltef'e Greenheuee GARY O. WALTON Hotel Roon~ke · Conference .lO ANN I. ~ Dixon, Hulo~'cl · Feiflour, Ina. April 4, 1997 Mr. George C. Snead Director of Public Safety Municipal Building, Room 354 215 Church Avenue, SW Roanoke, VA 24011 A~'gACHMEI~g 4 _RECE{VEP " CTOR'S OFF!' Dear Chip: Thank you for your recent inquiry regarding DRI's position on the proposal by the City of Roanoke to increase parking fines as a deterrent to the habitual abuse of on-street parking resources by certain downtown employees. Our organization realizes that turnover of on-street parking is essential for the survival of many downtown businesses and that there is a large surplus of off -street parking available to meet the needs of downtown employees. Based on these factors, the DRI Executive Committee resolved at their. April meeting to support the proposal to increase parking fines to $10.00 from the current $5.00 in order to discourage abuse of on-street parking and to encourage downtown employees to use the many long term parking facilities that are available in downtown Roanoke. We feel that the current $5.00 fine is at most an inconvenience since it parallels the daily rates charged in ' ' downtown parking lots and garages. We appreciate the fact that the City of Roanoke is holding rates constant in its off-street parking facilities and ask that the City review the possibility of decreasing such long-term parking rates as an incentive to encourage downtown employees to park off-street and to assist with our efforts to recruit new businesses to the area. We also appreciate the efforts by the City to help us develop a parking incentive program to help foster increased residential development in the downtown area. Thank you for the opportunity to comment on this issue of great importance to the downtown business community. Sinc,,:tely, IC Matthew Kenne II President CC: Robert B. Manetta Edwin C. Hall DOWNTOWN ROANOKE INCORPORATED 310 FIRST STREET, S.W. · ROANOKE, VIRGINIA 24011 (540) 342.2028 · FAX (540) 344-1452 downtown, roano/;e, org · e-mill: cfrforo~noke, org VIRGINIA WESTEKN Community Co11¢g¢ March 6, 1996 ATTACHI~2~T 5 City of Roanoke Attn: Dana D. Long,. Acting Chief Billings & Collections 215 Church Ave., SW Room 252 Roanoke, VA 24011 Re: College Parking Fines Dear Ms. Long, Parking violations for our college are currently covered under one of two fines, $25.00 for handicapped parking or $5.00 for all other violations. The $5.00 fine has proven an insufficient deterrent for overtime parking. Students often park in 30 minute visitor spaces, risking the fine for sake of convenience. Efforts to correct such violations through stricter enforcement have proven unsuccessful. This has been a particular problem in the visitors parking lot serving admissions and related functions at Fishburn Hall. Overtime violations have hampered the intended purpose of visitors parking, to provide short term parking for visitors to obtain information about the college, get directions, etc.. Such violations are counter-productive to the operations of the college since they make it more difficult for potential students to make inquires or enroll. We respectfully request that you petition City Council on our behalf to raise the current fine for overtime parking at our college from $5.00 to $10.00. This would entail adding another fine category, with fines for the handicapped and "other" categories remaining at current levels. If approved by Council, we understand that implementation could not occur until after new tickets, reflecting the change, are printed in the fall. Your assistance in this matter is greatly appreciated. Dr. Charles .Downs Pres ident CC: D.E. Blalock Jim Grisso, Director of Finance Vroom-Ia Community College FINANCIAL AND ADMINISTRATIVE SERVICES October :24, 1997 Mr. George Snead Director of Public Safety Municipal Building 215 Church Ave. Roanoke, VA 24014 Dear Mr. Sneed: We Would like to request the city ordinance dealing with parking fines on the campus of Virginia Western Community College be amended in areas of handicapped parking violations and other violations. We need the amendment in handicapped parking to comply with changes made in the Code of Virginia requiring the fine for handicapped parking violations be set at "not less than $100'. We have also found that time and student habits have eroded the deterrent value of the $5 fine for other parking violations. We feel like changing the parking fine for other parking violations to $10 will serve as a deterrent to a lot more parking violators--especially the habitually offender. Your assistant in getting city council to amend the city ordinance pertaining to handicapped and other parking violations on the campus of Virginia Western would be greatly appreciate~L Please let us know if you have questions regarding these needed changes. Sincerely yours, Dwight Blalock, Dean of Financial & Administrative Services Cc: James Viar John Mauk Charles Downs 3095 Colonial Avenue SW, P.O. Box 14005, Roanoke, Virginia 24038 · Phone: (703)857-7201 · FAX: ~[03 ~' '~-~ An Eqoal OppOrftmity/Affirmatlve Acfk~ Ift..e#ti.,~olt · TDO: mons or parkin~ - -~'~-rs volunteers servu~ tn by law.enforcemen~ u,~-~ , ~e han~ g rce ar~ ,--~. owner of the enfo P · the to .,_ ,...,., obtained by utilizing a of a warran~ ~ FINE SCI-IEDI~E ATTACHMENT NO. 6 PARKING OFFENSE OVERTIME PARKING LOADING ZONE NO STOPPING BLOCKING TRAFFIC BUS STOP PARKING WRONG DIRECTION AIRPORT VIOLATION FIRE HYDRANT FIRE LANE VEHICULAR TRESPASS METER ORDINANCE NO PARKING/STANDING RESTRICTED PARKING PARKING ON SIDEWALK BLOCKING DRIVEWAY COMMERCIAL VEHICLE IN RESIDENTIAL ZONE VIRGINIA WESTERN VWCC HANDICAPPED HANDICAPPED ZONE COST FOR LATE PAYMENT AFTER 10 DAYS SECTION NO. 20-68 20-65 20-66 20-66 20-65 20-66 4-7 20-65 20-74 20-65(15) 20-79 20-65 20-65 20-65 20-65 20-71 20-69 20-69 20-76 $5.oo $5.0o $5.00 $5.00 $5.oo $5.0o $5.oo $1o.oo $50.00 $25.00 $5.00 $5.00 $5.oo $5.00 $5.00 $5.00 $5.00 $25.00 $50.00 $10.00 $ lO.OO $ 10.00 $ 10.00 $ lO.OO $ 10.00 $ 10.00 $ 10.00 $ 20.00 SAme Same $ 10.00 $ 10.00 $ lO.OO $ 10.00 $ 10.00 $ 10.00 $ 10.00 $100.00 $100.00 Splme ATTACHMENT 7 Communications Plan -Postcards describing the change in fines to be left with parking tickets in the 2 months preceding the implementation date -Work with Virginia Western Community Collect on similar postcard for their officers to use -Message on R.VTV -Information on the City's Web page -l~eminders in the City Page prior to implementation -Contact other organizations for an article in their newsletters prior to implementation, for example, Downtown l~oanoke, Inc., Chamber of Commerce ..... RECEIVE[} CITY CLERKS DEC22 P3:11 Roanoke, Virginia January 5, 1998 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Please reserve space January 5, 1998, on Council's 12:15 p.m. agenda for a briefing concerning Landscaping Plan 1-581- Southwest Expressway. Respectfully submitted, W. Robert Herbert City Manager WRH/GCS/hw cc: City Attorney Director of Finance RECEIVED CITY CLF_Ri-;.S ~',FF'i~i_'::: '97 DEC 19 All :05 January 5, 1998 Council Report No. 98-100 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: Landscaping Plan 1-581/Southwest Expressway The City and the Virginia Department of Transportation (VDOT) have jointly engaged the Community Design Assistance Center, College of Architecture and Urban Studies at VPI&SU to develop a landscaping plan for visually improving the 1-581/220 corridor from I-81 to Route 419 at Tanglewood Mall. This area includes approximately ten miles of right-of-way and eight (soon to be nine) interchanges. The consultants have completed a conceptual master plan for the corridor, including suggested landscape treatments for each interchange and selected viewscapes. We hope to interest various businesses along the corridor to pay for the installation and maintenance of landscape improvements. Representatives of the Community Design Assistance Center will present their plan in a briefing to Council on your January 5, 1998 agenda. Respectfully, W. Robert Herbert City Manager WRH:WFC:pr CC: Mary F. Parker, City Clerk Wilbum C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance William F. Clark, Director of Public Works Elizabeth Gilboy, Assistant Director, Community Design Assistance Center, College of Architecture & Urban Studies, VPI&SU MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk January 8, 1998 File #10 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: At a regular meeting of the Council of the City of Roanoke which was held on Monday, January 5, 1998, Council Member White requested that you contact the appropriate school officials with regard to providing financial support to recognize outstanding accomplishments of the football teams at William Fleming and Patrick Henry High Schools. Sincerely, City Clerk MFP:Io pc: James D. Grisso, Director of Finance H:~AGENDAg~JANS.WFO Department of Finance City of Roanoke, Virginia January 5, 1998 RECEIVED CITY C'. TO: FROM: SUBJECT: Honorable Mayor and Members of City Council James D. Grisso, Director of Finance November Financial Report This financial report covers the first five months of the 1997-98 fiscal year. The following narrative discusses revenues and expenditures to date. REVENUE General Fund revenues reflect an increase of 2.38% or $1,163,000 compared to FY97. Variances in specific categories of revenues are as follows: General Property Taxes have increased 1.46% or $318,000. Real estate tax revenue increased 2.4% from FY97, while public service corporation taxes have declined somewhat. Through November, $20,988,000 or 51.41% of the budgeted amount of real estate tax revenue has been collected. For the year, real estate tax revenues are projected to increase 2.65%. Other Local Taxes rose 3.08% or $405,000 resulting from increases in Sales Tax revenue and Electric Service Utility Tax revenue. E911 Telephone Surcharge Tax revenue and Franchise Tax revenue also increased moderately. Permits, Fees and Licenses have decreased $21,000 or 6.82% due to a decline in street opening permits. Bingo audits are no longer being performed, also causing a decline in this category. Revenue from the Use of Money and Property is up $150,000 or 35.80% due to growth in interest revenue resulting from higher average daily cash balances. Grants-in-Aid-Federal Government have decreased 35.29% due to a decline in FEMA revenue. Charges for Services are up $128,000 or 11.96% due to increased billings for weed cutting and demolitions. EMS billings have also increased. Miscellaneous Revenue has decreased $27,000 or 16.15% due to a decline in proceeds from the sale of surplus property. Internal Services have increased $105,000 or 21.78% due to increased billings by Custodial Services and Engineering which are partially offset by a decrease in Street Maintenance charges. Fire Safety billings have also increased due to a difference in the timing of the December 1997 billing. Honorable Mayor and Members Roanoke City Council January 5, 1998 Page 2 EXPENDITURES AND ENCUMBRANCES Expenditures and encumbrances in the General Fund have increased 2.17% or $1,503,000 since FY97. Variances in individual expenditure categories are discussed as follows: Judicial Administration expenditures rose 13.26% or $216,000. Personal services costs in the Sheriff and Commonwealth Attorney's departments increased. The Clerk of Circuit Court expenditures are up due to the purchase of various office equipment and increased binding expenses in FY98. Other department expenditures remain consistent with prior year's amounts. Public Safety expenditures increased $873,000 or 5.71%. Personal service costs in the Fire and Jail departments are up. Equipment expenditures by the Jail increased due to the purchase of vehicles and computer equipment. Juvenile Detention Home expenditures rose due to the purchase of security equipment and a decrease in reimbursements received from other localities. Building Inspection expenditures rose due to an increase in demolition of structures. Public Works expenditures are up $1,089,000 or 10.15% largely due to the purchase of approximately 36,000 automated refuse containers by the Solid Waste Management department. A slight decrease in bridge inspection expenditures within the Engineering Department is offset by an increase in Paving Program expenditures. Streets and Traffic expenditures also decreased slightly. Community Development expenditures decreased $85,000 or 6.98% due to a timing difference. In November of FY97, the City made a contribution of $175,000 to the Hotel Roanoke Conference Center Commission. A contribution of $175,000 will be made in December or January of FY98, matching a contribution of the same by Virginia Tech. Expenditures in this category otherwise rose due to increased costs in the Community Planning and Economic Development departments. Transfer to Debt Service decreased $750,000 or 11.07%. The Series A-7 Jail Facility Bonds and Series A-8 Public School Improvement Bonds matured in August 1996. Therefore, transfers to Debt Service were not required for these issues in the current year, causing the category to decline. Nondepartmental expenditures declined $503,000 or 13.37% due to a decrease in the transfers to the Capital Projects and the Nursing Home Funds which is partially offset by an increase in the transfer to the Grant Fund. I would be pleased to answer any questions which City Council may have regarding the monthly financial statements. JDG/TLH/pac Attachments Director CITY OF ROANOKE, VIRGINIA GENERAL FUND CONTINGENCY BALANCE NOVEMBER 30, 1997 Balance July 1,1997 Ordinance Number Department CMT004 Recreation 33556 CMT006 CMT008 CUT014 Transfer to Grant Fund Virginia Cooperalive Extension Service Recreation City Clerk CMT027 Human Development CMT028 City Attorney Balance November 30, 1997 Pumose Music for Americans and Blues and Jazz Festival Local Funding of Office on Youth Local Share of Funding Boxing Program Supplies Adverlising for Public Hearing on Modified Election Dis~ict System Repair Single Room Occupancy Rental Units External Counsel Expenses $367,576 (4,642) (1,657) (2,213) (6,700) (15,ooo) $327,364 CITY OF ROANOKE, VIRGINIA GENERAL FUND STATEMENT OF REVENUE Year to Date for the Period Current Fiscal Year Percent of Revised Revenue July I - Nov 30 July I - Nov 30 Percentage Revenue Estimate Revenue Source 1996-97 1997-98 of Change Estimates Received General Property Taxes $21,778,365 $22,096,640 1.46 % $65,820,500 33.57% Other Local Taxes 13,168,148 13,573,139 3.08 % 50,179,922 27.05% Permits, Fees and Licenses 314,168 292,745 (6.82)% 590,977 49.54% Fines and Forfeitures 437,750 427,814 (2.27) % 925,000 46.25% Revenue from Use of Money and Property 418,370 568,150 35.80 % 1,081,776 53.51% Grants-in-Aid Commonwealth 10,980,048 11,100,052 1.09 % 38,089,535 29.14% Grants-in-Aid Federal Government 26,247 16,984 (35.29) % 33,970 50.00% Charges for Services 1,065,789 1,193,290 11.96 % 3,287,020 38.30% Miscellaneous Revenue 133,950 112,311 (16.15)% 302,200 37.16% Internal Services 480,432 585,078 21.78 % 1,912,000 30.60% Total $48,803,265 $49,966,203 2.38 % $162,202,900 30.80% STATEMENT OF EXPENDITURES AND ENCUMBRANCES Year to Date for the Period July I - Nov 30 July I - Nov 30 Percentage Unencumbered Expenditures 1996-97 1997-98 of Change Balance General Government $4,244,663 $4,371,918 3.00 % Judicial Administration 1,630,860 1,847,061 13.26 % Public Safety 15,292,857 16,168,042 5.71% Public Works 10,728,360 11,817,585 10.15 % Health and Welfare 7,501,265 7,434,993 (0.88) % Parks, Recreation and Cultural 1,816,934 1,839,052 1.22 % Community Development 1,218,235 1,1 33,165 (6.98) % Transfer to Debt Service Fund 6,776,714 6,026,233 (11.07) % Transfer to School Fund 16,432,134 17,011,922 3.53 % Nondepartmental 3,762,231 3,259,039 (13.37) % Total $69,404,253 $70,907,010 2.17 % Current Fiscal Year Percent of Revised Budget Appropriations Obligated $6,508,674 $10,880,592 40.18% 2,554,929 4,401,990 41.96% 22,818,453 38,984,495 41.47% 13,250,398 25,067,983 47.14% 15,640,926 23,075,919 32.22% 2,352,609 4,201,661 43.77% 1,507,411 2,740,576 41.35% 3,484,567 9,510,800 63.36% 23,628,575 40,640,497 41.86% 3,196,205 6,455,244 50.49% $95,052,747 $165,959,757 42.73% CITY OF ROANOKE, VIRGINIA SCHOOL FUND STATEMENT OF REVENUE Revenue Source State Sales Tax Grants-in-Aid Commonwealth Grants-in-Aid Federal Government Charges for Services Transfer from General Fund Special Purpose Grants Total Year to Date for the Period July 1-Nov 30 July 1-Nov 30 Percentage 1996-97 1997-98 of Change $2,729,606 $2,652,551 (2.82) % 12,228,233 12,732,204 4.12 % 245,931 404,021 64.28 % 666,962 783,046 17.40 % 16,432,134 17,011,922 3.53 % 3,859,309 3,921,628 1.61% $36,162~175 $37,505,372 3.71% Current Fiscal Year Percent of Revised Revenue Revenue Estimate Estimates Received $7,740,411 34.27% 32,826,175 38.79% 2,473,172 16.34% 2,994,806 26.15% 40,640,497 41.86% 5,170,254 N/A $91,845,315 40.84% STATEMENT OF EXPENDITURES AND ENCUMBRANCES Ex_~enditures Instruction General Support Transportation Operation and Maintenance of Plant Food Services Facilities Other Uses of Funds Special Purpose Grants Total Year to Date for the Period Current Fiscal Year July 1-Nov 30 July 1-Nov 30 Percentage Unencumbered Revised 1996-97 1997-98 of Change Balance Appropriations $23,374,146 5.46 % 1,253,275 17.10 % 1,033,236 9.51% 3,821,383 4.41% 1,485,739 18.86 % 1,862,447 0.15 % 3,202,493 10.24 % 5,170,254 12.54 % $22,164,272 1,070,265 943,506 3,659,969 1,249,958 1,859,647 2,905,105 4,593,995 $41,202,973 7.17 % $38,446,717 $40,863,680 1,950,350 1,939,907 5,729,361 2,328,414 478,247 $64,237,826 3,203,625 2,973,143 9,550,744 3,814,153 1,862,447 3,680,740 5,170,254 Percent of Budget Obligated 36.39% 39.12% 34.75% 40.01% 38.95% 100.00% 87.01% N/A $53,289,959 $94,492,932 43.60% 3 CITY OF ROANOKE, VIRGINIA CAPITAL PROJECTS FUND STATEMENT OF EXPENDITURES, ENCUMBRANCES, AND UNENCUMBERED APPROPRIATIONS SUMMARY AS OF NOVEMBER 30, 1997 Expenditures Unexpended Outstanding Unobligated Budget To Date Balance Encumbrances Balance General Government $13,118,226 $8,061,965 $5,056,261 $879,989 $4,176,272 Public Safety 158,000 950 157,050 157,050 Education 27,056,584 19,073,111 7,983,473 5,363,894 2,619,579 Community Development 1,041,000 82,269 958,731 958,731 Recreation 661,775 109,992 551,783 130,414 421,369 Streets and Bddges 21,471,555 12,356,673 9,114,882 893,675 8,221,207 Sanitation Projects 1,083,427 275,454 807,973 6,410 801,563 Traffic Engineering & Communications 1,935,300 1,472,811 462,489 93,087 369,402 Other Infrastructure Projects 8,211,651 3,389,284 4,822,367 124,752 4,697,615 Capital Improvement Reserve 4,682,582 4,682,582 4,682,582 Total $79,420,100 $44,822,509 $34,597,591 $8,450,952 $26,146,639 4 CITY OF ROANOKE, VIRGINIA WATER FUND COMPARATIVE INCOME STATEMENT FOR THE 5 MONTHS ENDING NOVEMBER 30, 1997 Operating Revenue Commercial Sales Domestic Sales Industrial Sales Town of Vinton County of Roanoke City of Salem Customer Services Total Operating Revenue Operating Expenses Personal Services Operating Expenses Depreciation Total Operating Expenses Operating Income Nonoperating Revenue (Expenses) Interest on Investments Rent Miscellaneous Revenue Interest Expense Total Nonoperating Revenue (Expenses) Net Income 1997 $1,333,092 1,245,951 94,757 10,042 613,721 450 285,220 3,583,233 599,653 1,053,590 582,433 2,235,676 1,347,557 128,990 8,841 18,754 (6o8,85s) (452,271) $895~286 1996 $1,372,835 1,211,828 101,215 10,031 827,595 1,766 228,627 3,753,897 600,229 1,282,924 391,154 2,274,307 1,479,590 107,796 1,516 14,867 (659,525) (535,346) $944,244 5 CITY OF ROANOKE, VIRGINIA SEWAGE TREATMENT FUND COMPARATIVE INCOME STATEMENT FOR THE 5 MONTHS ENDING NOVEMBER 30, 1997 Operating Revenue Sewage Charges - City Sewage Charges - Roanoke County Sewage Charges - Vinton Sewage Charges - Salem Sewage Charges - Botetourt County Customer Services Interfund Services Total Operating Revenue Operating Expenses Personal Services Operating Expenses Depreciation Total Operating Expenses Operating Income Nonoperating Revenue Interest on Investments Miscellaneous Revenue Total Nonoperating Revenue Net Income 1997 $3,087,373 367,007 81,639 231,560 41,828 90,265 30,678 3,930,350 728,347 1,510,957 402,798 2,642,102 1,288,248 219,146 9,984 229,130 $1,517,378_ 1996 $3,152,531 393,431 109,044 394,263 46,210 67,151 38,714 4,201,344 700,036 1,916,611 389,777 3,006,424 1,194,920 167,419 6,814 174,233 $1,369,153 6 CITY OF ROANOKE, VIRGINIA CiViC CENTER FUND COMPARATIVE INCOME STATEMENT FOR THE 5 MONTHS ENDING NOVEMBER 30, 1997 Operating Revenue Rentals Parking Fee Event Expenses Advertising Ad missions Tax Commissions Novelty Fees Total Operating Revenue Operating Expenses Personal Services Operating Expenses Depreciation Total Operating Expenses Operating Loss Nonoperating Revenue Transfer from General Fund Interest on Investments Miscellaneous Total Nonoperating Revenue Net Income 1997 $136 817 44 320 47 991 4 585 47 924 54 889 20 869 357,395 420,531 415,744 167,906 1,004,181 (646,786) 915,162 17,105 4,459 936,726 $289,940 1996 $95,886 27,806 33,509 825 14,753 32,930 205,709 450,834 425,655 159,650 1,036,139 (830,430) 879,771 12,912 2,329 895,012 $64,582 7 CITY OF ROANOKE, VIRGINIA TRANSPORTATION FUND COMPARATIVE INCOME STATEMENT FOR THE 5 MONTHS ENDING NOVEMBER 30, 1997 Operating Revenue Century Station Parking Garage Williamson Road Parking Garage Market Square Parking Garage Church Avenue Parking Garage Tower Parking Garage Surface Parking Lots Total Operating Revenue Operating Expenses Operating Expenses Depreciation Total Operating Expenses Operating Income Nonoperating Revenue (Expenses) Transfer from General Fund Operating Subsidy for GRTC Interest on Investments Interest Expense Miscellaneous Total Nonoperating Revenue (Expenses) Net Income 1997 $105 063 155 468 68 133 156900 94 894 38 621 619,079 243,849 226,253 470,102 148,977 1,047,773 (3,656) (213,282) 1,218 832,053 $981,030 1996 $124 493 187 965 65 277 173 433 96 935 46 388 694,491 291,618 216,881 508,499 185,992 1,001,133 (300,000) (3,277) (304,619) 6,109 399,346 $585,338 8 CITY OF ROANOKE, VIRGINIA NURSING HOME FUND COMPARATIVE INCOME STATEMENT FOR THE 5 MONTHS ENDING NOVEMBER 30, 1997 Operating Revenue Private Patient Fees Medicaid Patient Fees Medicaid Reimbursements Total Operating Revenue Operating Expenses Personal Services Operating Expenses Depreciation Total Operating Expenses Operating Loss Nonoperating Revenue Transfer from General Fund Interest on Investments Total Nonoperating Revenue Net Income (Loss) 1997 26,201 150,036 176,237 232,356 55,849 6,545 294,750 (118,513) 10,500 ($108,013) 1996 $3,296 122,027 386,158 511,481 546,455 171,894 9,845 728,194 (216,713) 545,022 14,625 559,647 $342,934 9 CITY OF ROANOKE, VIRGINIA HOTEL ROANOKE CONFERENCE CENTER FUND COMPARATIVE INCOME STATEMENT FOR THE $ MONTHS ENDING NOVEMBER 30, 1997 Operating Revenue Commission Conference Center Total Operating Revenue Operating Expenses Commission Conference Center Depreciation Expense Total Operating Expenses Operating Income (Loss) Nonoperating Revenue (Expenses) City Contribution Virginia Tech Contribution Proceeds from Brick Sales Interest on Investments Conference Center Total Nonoperating Revenue (Expenses) Net Income (Loss) Notes to Financial Statement: (1) (2) 1997 1996 CONFERENCE COMMISSION (1) CENTER (2) TOTAL $ $ - $ $ - - 1,353,101 1,353,101 1,004,834 1,353,101 1,353,101 1,004,834 25,367 - 25,367 32,245 - 1,093,852 1,093,852 782,227 193,745 26,871 220,616 205,063 219,112 1,120,723 1,339,835 1,019,535 (219,112) 232,378 13,266 (14,701) - - 175,000 - - 175,000 422 - 422 150 7,413 - 7,413 1,572 (5,520) (5,520) 3,577 7,835 (5,520) 2,315 355,299 ($211,277) $226,858 $15,581 $340,598 The column entitled "Commission" represents Commission activity in the City's financial records. The column entitled "Conference Center" represents actual revenue and expenses of the Conference Center, as provided by Doubletree Management. 10 CITY OF ROANOKE, VIRGINIA INTERNAL SERVICE FUNDS COMPARATIVE INCOME STATEMENT FOR THE $ MONTHS ENDING NOVEMBER 30, 1997 Operating Revenue Charges for Services Total Operating Revenue Operating Expenses Personal Services Operating Expenses Depreciation Total Operating Expenses Operating Income (Loss) Nonoperating Revenue Interest Revenue Gain on Sale of Trigon Common Stock Transfer from General Fund Total #onoperating Revenue Net Income TOTALS c~ Information Materials Management Utility Line Fleet Rhlk Syaten'm Control Servioe8 Serviose Management Management 1887 t986 $1,097,605 $73,663 $77,520 $1,160,853 $1,361,149 $2,202,996 $5,973,786 $6,036,824 1,097,606 73,663 77,620 1 ,t 60,863 1,38t ,t 49 2,202,986 6,973,786 6,036,824 618,844 45,938 10,840 942,891 489,935 71,545 2,179,994 2,177,010 167,533 19,077 28,660 179,583 376,648 2,557,843 3,329,344 3,196,547 282,824 766 15,127 76,430 618,993 994,140 679,059 1,098,20t 66,78'1 64,627 1 ,t 98,904 t,496,678 2,629,389 6,603,478 6,062,6t 6 28,404 7,982 22,803 (38,061) ('124,427) (428,003) (S29,982) (t6,702) 45,140 (1,592) 5,205 33,610 34,600 212,196 330,160 296,931 - - 276,713 2761713 - 95,058 250,000 345,058 244,945 46,t 46 (t ,982) 6,206 33,6`10 129,698 738,909 96t ,94t 641,876 $74,644 $6,290 $28,980 ($4,44t) $6,24`1 $0t2,6t6 $4~'~749 $62G,_n_P-d 11 CITY OF ROANOKE, VIRGINIA CITY TREASURER'S OFFICE GENERAL STATEMENT OF ACCOUNTABILITY FOR THE MONTH ENDED NOVEMBER 30, 1997 TO THE DIRECTOR OF FINANCE: GENERAL STATEMENT OF ACCOUNTABILITY OF THE CITY TREASURER OF THE CITY OF ROANOKE, VIRGINIA FOR THE FUNDS OF SAID CITY FOR THE MONTH ENDED NOVEMBER 30, 1997. BALANCE AT BALANCE AT BALANCE AT FUND . OCT 31, 1997 RECEIPTS DISBURSEMENTS NOV 30, 1997 NOV 30, 1996 GENERAL $15,672,732.64 $7,350,737.77 $16,679,504.77 $6,343,965.64 ($385,910.75)1 WATER 5,849,534.66 302,704.86 64,519.73 6,087,719.79 5,937,199.27 ~ SEWAGE 22,349,073.63 1,154,142.72 1,947,687.89 21,555,528.46 22,466,814.36~ CIVIC CENTER 1,193,873.19 151,046.15 286,868.49 1,058,050.85 586,132.44 TRAN S PORTATI ON 611,821.74 94,560.38 137,773.60 568,608.52 228,544.36 ~ CAPITAL PROJECTS 30,552,569.50 3,917,134.10 2,099,447.49 32,370,256.11 35,023,262.74 NURSING HOME 376,003.48 0.00 20,513.02 355,490.46 1,015,747.69 CONFERENCE CENTER 316,355.74 300,000.00 7,687.88 608,667.86 215,523.78 DEBT SERVICE 3,223,844.00 0.00 6,000.00 3,217,844.00 8,932,471.30 CITY INFORMATION SYSTEMS 2,155,081.59 20,788.28 93,281.79 2,082,588.08 2,045,815.97 MATERIALS CONTROL (53,442.09) 76,216.72 59,648.46 (36,873.83) (120,660.69)1 MANAGEMENT SERVICES 246,863.18 11,883.20 4,189.78 254,556.60 217,194.97 UTILITY LINES SERV 1,791,371.23 1,400.29 52,431.05 1,740,340.47 1,399,642.47 FLEET MANAGEMENT 1,851,521.40 72,485.23 63,264.70 1,860,741.93 1,060,817.42 PAYROLL (12,310,012.15) 17,678,997.83 14,121,339.27 (8,752,353.59) (11,971,511.96)! RISK MANAGEMENT 10,312,617.47 680,602.04 539,526.35 10,453,693.16 10,329,692.42 PENSION 855,027.95 437,741.78 900,131.67 392,638.06 (98,665.57)1 SCHOOL FUND 12,304,268.47 3,611,901.41 5,538,473.30 10,377,696.58 10,704,033.69: FDETC (66,715.75) 217,451.61 257,976.90 (107,241.04) (131,141.95), GRANT 517,588.14 615,155.06 453,325.41 679,417.79 514,830.30 TOTAL $97,749,978.02 $36,694,949.43 $43,333,591.55 $91,~?,33~:~0 ~87:969 832.26: CERTIFICATE I HEREBY CERTIFY THAT THE FOREGOING IS A TRUE STATEMENT OF MY ACCOUNTABILITY TO THE CITY OF ROANOKE, VIRGINIA, FOR THE FUNDS OF THE VARIOUS ACCOUNTS THEREOF FOR THE MONTH ENDED NOVEMBER 30, 1997. THAT SAID FOREGOING: CASH: CASH IN HAND CASH IN TRANSIT INVESTMENTS ACQUIRED FROM COMPETITIVE PROPOSALS: OVERNIGHT INVESTMENT REPURCHASE AGREEMENTS U. S. TREASURY NOTES VIRGINIA AIM PROGRAM (U. S. SECURITIES) TOTAL $10,122.09 (166,867.32) 8,617,000.00 39,000,000.00 9,462,005.56 34,189,075.57 $91_,111,335,90 DATE: DECEMBER 8, 1997 12 CITY OF ROANOKE PENSION PLAN STATEMENT OF REVENUE AND EXPENSES FOR THE $ MONTHS ENDING NOVEMBER 30, 1997 Revenue 1997 1996 Contributions Investment Income Gain on Sale of Investments Bond Discount Amortization Total Revenue $2,062,335 1,583,895 3,422,344 19,223 $7,087,797 $2,492,623 1,982,856 2,548,349 22,235 $7,046,063 Expenses Pension Payments Fees for Professional Services Bond Premium Amortization Active Service Death Benefits Administrative Expense Total Expenses Netlncome $3,706,113 211,066 132,501 21,621 12,502 4,083,803 $3,003,994 $3,387,748 204,979 128,035 12,813 3,733,575 $3,312,488 13 CITY OF ROANOKE PENSION PLAN BALANCE SHEET NOVEMBER 30, 1997 Assets Cash Investments: (market value: Due from Other Funds Other Assets Total Assets 1997 $270,189,433 1996 $231,705,894) 1997 $384,493 213,860,509 852 18,000 $214,263,854 1996 ($98,702) 177,285,784 1,062 18,000 $177,206~144 Liabilities and Fund Balance Liabilities: Due to Other Funds Total Liabilities Fund Balance: Fund Balance, July 1 Net Income - Year to Date Total Fund Balance Total Liabilities and Fund Balance $756,003 756,003 210,503,857 3,003,994 213,507,851 $214~263,854 $680,695 680,695 173,212,961 3,312,488 176,525,449 $177,206,144 14 JAMES D. GRISSO Director of Finance January 5, 1998 CITY OF ROANOKE DEPARTMENT OF FINANCE 215 Church Avenue, S.W., Room 461 P. O. Box 1220 Roanoke, Virginia 24006-1220 Telephone: (540) 853-2821 Fax: (540) 853-2940 '97 DEC 30 Pt2:29 JESSE A. HALL Deputy Director Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: Moody's, Fitch and Standard & Poor's reaffirmed a "AA" bond rating on our general obligation bonds. We received eight bids (Attachment 1) on Wednesday, December 17, 1997, related to the bond sale. Based on the overall true interest cost of $4.6089%, the total bonds to be issued equals $58,685,000 (new bonds $13,010,000; refunding bonds $45,675,000). The total interest cost savings on the bonds called equals $2,363,772 which has a net present value of $2,078,484. This interest cost savings begins in FY1998 and occurs through 2014. The interest savings by debt type is as follows: Gross Savings Net Present Value Savings General Debt Water Debt Total $1,240,005 1.123,767 $2.3~:~,772 $1,118,155 960.329 $2.078,484 We were very pleased with the number of bid responses received on this bond issue and the interest rate. A copy of the final Offiial Statement (OS) is included for your review. We plan to close on this bond issue on January 15, 1998. The City Attorney is in the process of finalizing approximately 41 documents to close on this bond issue. This is an informational report and no council action is required. Honorable Mayor and Members of City Council January 5, 1998 Page 2 We would be pleased to respond to questions you may have regarding the bond issue. Sincerely, James D. Grisso Director of Finance JDG:pac Enclosures C.' W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney Mary F. Parker, City Clerk Attachment 1 City of Roanoke, Virginia General Obligation Bonds Public Improvement Bonds, Series 1997A Public Improvement Refunding Bonds, Series 1997B Bids Received December 17, 1997 Salomon Smith Barney, Inc. First Union Capital Markets Corp. Lehman Brothers Merrill Lynch J.P.Morgan Securities, Inc. Legg Mason Wood Walker Prudential Securities, Inc. Goldman Sachs & Co. 4.6089% 4.6327% 4.6392% 4.6380% 4.6861% 4.6628% 4.6776% 4.7030% JAMES D. GRISSO Director of Finance January 5, 1998 CITY OF ROANOKE DEPARTMENT OF FINANCE 215 Church Avenue, S.W., Room 461 P. O. Box 1220 Roanoke, Virginia 24006-1220 Telephone: (540) 853-2821 Fax: (540) 853-2940 RECEIVED CITY CLERK:30':F!CEL JESSE A. HALL Deputy Director TO: FROM: SUBJECT: Honorable Mayor and Members of City Council James D. Grisso, Director of Finance Revenue Compendium The Department of Finance has updated the City's Revenue Compendium through fiscal year 1997 to provide you with historical information on the sources of City General Fund revenues and School Fund revenues. The Compendium groups each revenue by classification and identifies the collecting department, basis and current rate, due date, and a ten year revenue history. A description of each revenue, explaining the origin and condition of the funding, is included under "Basis and Current Rate". The "Due Date" of a revenue improves our knowledge of cash flow. It is essential in meeting our financial obligations and maximizing the investment of cash on hand to know when revenues will be received. A knowledge of collections throughout the fiscal year improves our financial forecasting capabilities. The due date is essential in understanding the City's requirements for specific revenue sources. Honorable Mayor and Members of City Council Page 2 January 5, 1998 The "Collection History" allows us to assess the impact of tax rate reductions or increases, new taxes, fee changes, and changes in state and federal funding on each revenue type. This history should be used to measure and understand the City's reliance on specific funding sources. It is important that a locality attempt to diversfy its revenues to protect and enhance its financial stability. Significant changes in revenue from One year to the next have been explained in footnotes. The Revenue Compendium provides a detailed trend analysis of General Fund and School Fund revenue sources that finance the operations of our City government. This publication serves as a resource to be used to familiarize us with individual revenue sources and the fiscal capacity of the City. I hope this publication will provide you with a valuable tool as you continue to meet the increasingly difficult challenges faced by the City each day. ~~~Director of Finance JDG/JL/pac MARY F. PARKER, CMC/AAE City Clerk CITY' OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 February 24, 1998 SANDRA H. EAKIN Deputy City Clerk Martha P. Franklin, Secretary City Planning Commission Roanoke, Virginia Dear Ms. Franklin: This is to advise you tha. Lat a regular meeting of the Council of the City of Roanoke which was held on Monday, ~5, 1998, a report of the City Planning Commission with regard to renaming the Market Square Walkway the Arthur S. Owens Walkway was withdrawn. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io N:~CKLOI~IARTHA.WPO MARY E PARKER, CMCIAAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 January 12, 1998 File #20-60 SANDRA H. EAKIN Deputy City Clerk M. Wayne Hylton, Jr. Vice President S. R. Draper Paving Company 4742 Old Rocky Mount Road, S. W. Roanoke, Virginia 24014 Dear Mr. Hylton: I am enclosing copy of Ordinance No. 33700-010598, accepting the bid of S. R. Draper Paving Company, in the amount of $256,739.66, for construction of traffic signals at the intersections of Colonial Avenue and McNeil Drive, S. W., and Hershberger Road and Westside Boulevard, N. W.; and rejecting all other bids made to the City for the work. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, January 5, 1998. Sincerely, CMCIAAE City Clerk MFP:Io Enclosure pc; W. Robert Herbert, City Manager James D. Grisso, Director of Finance William F. Clark, Director, Public Works Delores C. Daniels, Assistant to the City Manager for Community Relations Charles M. Huffine, City Engineer Ellen S. Evans, Construction Cost Technician H:~AGENDAg~dAN~.WPO M. Wayne Hylton, Jr. Janua~ 12,1998 Page 2 pc: Diane S. Akers, Budget Administrator, Office of Management and Budget D. Darwin Roupe, Manager, Supply Management Robert K. Bengtson, Traffic Engineer The Honorable Sherman A. Holland, Commissioner of the Revenue H:~AGENOAg~JANS.V~) MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 January 8,1998 File #20-60 SANDRA H. EAKIN Deputy City Clerk Joseph W. Connor, President Montvale Construction, Inc. 5108 Goose Creek Valley Road Montvale, Virginia 24122 Dear Mr. Connor: I am enclosing copy of Ordinance No. 33700-010598, accepting the bid of S. R. Draper Paving Company, in the amount of $256,739.66, for construction of traffic signals at the intersections of Colonial Avenue and McNeil Drive, S. W., and Hershberger Road and Westside Boulevard, N. W.; and rejecting all other bids made to the City for the work. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, January 5, 1998. On behalf of the City of Roanoke, I would like to express appreciation for submitting your bid on the abovedescribed traffic signals. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:Io Enclosure H:'~3 END,~.eet,JAN~.WPO MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk January 9, 1998 File #20-60 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 33699-010598, amending and reordaining certain sections of the 1997-98 Capital Projects Fund Appropriations transferring $193,914.00 in connection with award of a contract to S, R. Draper Paving Company for construction of traffic signals at the intersections of Colonial Avenue and McNeil Drive, S. W., and Hershberger Road and Westside Boulevard, N. W. The abovereferanced measure was adopted by the Council of the City Roanoke at a regular meeting which was held on Monday, January 5, 1998. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:Io pc: W. Robert Herbert, City Manager William F. Clark, Director of Public Works Delores C. Daniels, Assistant to the City Manager for Community Relations Charles M. Huffine, City Engineer Ellen $. Evans, Construction Cost Technician H:~AGENDAg~dAN~.~O James D. Grisso January 9, 1998 Page 2 Diane S. Akers, Budget Administrator, Office of Management and Budget D. Darwin Roupe, Manager, Supply Management The Honorable Sherman A. Holland, Commissioner of The Revenue Robert K. Bengtson, Traffic Engineer IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 5th day of January, 1998. No. 33699-010598. AN ORDINANCE to amend and reordain certain sections of the 1997-98 Capital Projects Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1997-98 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: 'Appropriations Capital Improvement Reserve Public Improvement Bonds - Series 1996 (1) .................... $2,614,168 7,920,407 Traffic Engineering Traffic Signals - Colonial and McNeil/Hershberger and Westside (2-3) .......................................... Traffic Signals - Install New Signals (4) ........................ $2,129,214 282,412 268,502 1) Streets and Sidewalks 2) Appropriated from Bond Funds 3) Appropriated from State Grant Funds 4) Appropriated from State Grant Funds (008-052-9701-9191) (008-052-9563-9001) (008-052-9563-9007) (008-052-9561-9007) $(193,914) 193,914 88,498 (88,498) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in .effect from its passage. ATTEST: City Clerk. '97 24 January 5, 1998 Council Report No. 98-101 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: BID COMMITTEE REPORT TRAFFIC SIGNALS COLONIAL AVENUE & McNEIL DRIVE, S.W. HERSHBERGER ROAD & WESTSIDE BOULEVARD, N.W. BID NO. 97-11-4 I concur with the Bid Committee recommendation relative to the above project and recommend it to you for appropriate action. Sincerely, W. Robert Herbert City Manager WRH/PCS/kh Attachment: Bid Committee Report C' City Attorney City Clerk Director of Finance Director of Public Works Assistant to City Manager for Community Relations City Engineer Construction Cost Technician Budget Administrator Manager, Office of Supply Management Commissioner of Revenue Traffic Engineer January 5, 1998 Council Report No. 98-101 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: BID COMMITTEE REPORT TRAFFIC SIGNALS COLONIAL AVENUE & McNEIL DRIVE, S.W. HERSHBERGER ROAD & WESTSlDE BOULEVARD, N.W. BID NO. 97-11-4 We, the undersigned Bid Committee, hereby submit the attached report for your consideration. J/~VH. Parrott, Chairman Carroll E. Sw~r~ William F. Clark JHP/PCS/kh Attachment: Bid Committee Report O' City Attorney City Clerk Director of Finance Director of Public Works Assistant to the City Manager for Community Relations City Engineer Construction Cost Technician Budget Administrator Manager, Office of Supply Management Commissioner of the Revenue Traffic Engineer January 5, 1998 Council Report No. 98-101 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: BID COMMITTEE REPORT TRAFFIC SIGNALS COLONIAL AVENUE & McNEIL DRIVE, S.W. HERSHBERGER ROAD & WESTSIDE BOULEVARD, N.W. BID NO. 97-11-4 Backoround on the subject in chronological order is as follows: Ac Traffic signal plans and s~ecifications have been completed for the intersections of Colonial Avenue & McNeil Drive, S.W. and Hershberger Road & Westside Boulevard, N.W. Virginia Western C~mmunitv Colleoe IVWCC) has committed up to ~ 100,000.00 towards the design and installation of the signal at the Colonial Avenue & McNeil Drive intersection. Co Signalization of the intersection of Hershberoer Road & Westside Boulevard is to be funded from proceeds of the Public Improvement Bonds Series 1996 - Streets (008-052-9701-9191 ). II. Current situation is as follows: Pr0iect w~ ~dvertised on Sunday November 9, 1997. and bids were oubliclv opened and read aloud by D. Darwin Rouoe, Manaoer of Suoolv Manaoement, on Tuesday, November 25, 1997. Two (2) bids were received from contractors with S. R. Draoer Pavino Comoanv of 4742 Old Rocky Mount Road, Roanoke. Virginia 24014, submitting the Iow bid in the amount of $256,739.66. C. The total construction cost of the Droiect is estimated as follows: Construction Contract Contingency Total $256,739.66 25,673.O0 $282,412.66 The project cost is apportioned between the City of Roanoke and Virginia Western Community College as follows: Honorable Mayor and Members of City Council BID COMMITTEE REPORT TRAFFIC SIGNALS COLONIAL AVENUE & McNEIL DRIVE, S.W. HERSHBERGER ROAD & WESTSIDE BOULEVARD, N.W. BID 97-11-4 January 5, 1998 Page 2 City of Roanoke Hershberger & Westside $193,914.34 VWCC Colonial & McNeil 88.498.32 Total $282.412.66 Co~Jn~il Acti(~n of March 17, 1997. authorized execution of an agreement with VWCC for the design anti (;Qnstruction of the traffic signal at Colonial Avenue & McNeil Drive. VWCC committed $100,000 toward the design and construction of this signal. The engineering design of the signal was $16,000. The total estimated cost of the subject signal is summarized below: Engineering Design $ 16,000 Construction 88.498 Total t~ 104.498 III. Issues in order of importance are as follows: A. Co~t B. Fundina IV. Alternatives in order of feasibility are as follows: Authorize the City Manager to execute a unit price contract, in a form approved by the City Attorney, with S. R. Dreper Pavina Company. in the amount of t~256.739.66 and 11~0 calendar days for completion, with a project contingency of $25.673.00 for a total of t~282,412.06. Cost is 19.4% above the Engineer's estimate of ~215.000.00. Only two contractors submitted bids. The second bid was 55.0% over the Engineer's estimate. It is unlikely that the project cost could be reduced by rebidding with reducing the proposed scope of work. Funding for the City's share ¢$193.914.34) is available in Public Improvement Bonds Series 1996 - Streets (008-052-9701-9191) and may be transferred to an account to be established by the Director of Finance. Funding in the amount of $100,000.00 has been committed Honorable Mayor and Members of City Council BID COMMITTEE REPORT TRAFFIC SIGNALS COLONIAL AVENUE & McNEIL DRIVE, $,W, HERSHBERGER ROAD & WEST$1DE BOULEVARD, N,W, BID 97-11-4 January 5, 1998 Page 3 by VWCC. Funds ($100,000) were appropriated to Traffic Signals - Installation of New Signals account 008-052-9561-9007 by City Council action on March 17, 1997. D0 not authorize the City Manaaer to execute a contract with S. R. Draoer Pevino Comoanv. 1. Cost would be based on future bids. Fundino would remain in the Public Improvement Bonds Series 1996 - Streets. Recommendation is as follows: City Council concur in alternative "A" and take the following actions: Ao Authorize the City Manager to execute a unit price contract, in a form approved by the City Attorney, with $. R. DraDer Pavino Comoanv, in the amount of ~256.739.66 and 180 calendar days for completion, with a project contingency of $25.673.00 for a total of ~21~2.416.66. Bo Transfer ~ 1 ~)3,914.00 from Public Improvement Bonds Series 1996 - Streets (008-052-9701-9191) to an account to be established by the Director of Finance entitled "Traffic Signals - Colonial & McNeil/Hershberger & Westside." Transfer $88.498.00 from Traffic Signals - Install New Signals account 008- 052-9561-9007 to same. WRH/PCS/kh Attachment Honorable Mayor and Members of City Council BID COMMITTEE REPORT TRAFFIC SIGNALS COLONIAL AVENUE & McNEIL DRIVE, S.W. HERSHBERGER ROAD & WESTSlDE BOULEVARD, N.W. BID 97-11-4 January 5, 1998 Page 4 C; City Attorney City Clerk Director of Finance Director of Public Works Assistant to City Manager for Community Relations City Engineer Construction Cost Technician Budget Administrator Manager, Office of Supply Management Commissioner of Revenue Traffic Engineer TABULATION OF BIDS TRAFFIC SIGNALS COLONIAL AVENUE & McNEIL DRIVE, S.W. HERSHBERGER ROAD & WESTSlDE BOULEVARD, N.W. BID NO. 97-11-4 Bids were opened by D. Darwin Roupe, Manger, Office of Supply Management, on Tuesday, November 25, 1997, at 2:00 p.m. Bidder Contact S. R. Draper Paving Company $256,739.66 Montvale Construction, Inc. $333,319.50 Estimated Cost: t~215.000.00 Office of the City Engineer Roanoke, Virginia January 5, 1998 RECEI\~ ED CITY C,_.r:~'~l"~.~ OFF'I': · 97 DEO 22 P2:37 Roanoke, Virginia January 5, 1998 Honorable Mayor and Members of City Council Roanoke, Virginia Subject: Briefing Report on HUD Funds Allocation Policy Dear Mayor and Members of Council: Please reserve space on Council's January 5, 1998, 12:15 p.m. agenda for a 20-minute briefing report on the above-referenced subject. Respectfully submitted, W. Robert Herbert City Manager CITY OF ROANOKE OFFICE OF THE MAYOR 215 CHURCH AVENUE S.W. - ROOM 452 ROANOKE, VIRGINIA 24011-1594 TELEPHONE: (540) 853-2444 FAX: (540) 853-1145 Janua~ 5,1998 The Honorable Vice-Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Members of Council: I wish to request an Executive Session to discuss vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. DAB:se Sincerely, David A. Bowers Mayor '97 29 P3:09 January 5, 1998 The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Request for Executive Session Dear Mayor Bowers and Members of Council: This is to request that Council convene in Executive Session to discuss specific legal matters requiring the provision of legal advice by counsel, being the negotiation of a possible amendment to the Roanoke Valley Resource Authority's Member Use Agreement and related documents, pursuant to Section 2.1- 344(A) (7), Code of Virginia (1950), as amended. Respectfully submitted, W. Robert Herbert City Manager WRH:afm cc: Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Mary F. Parker, City Clerk Kit B. Kiser, Director of Utilities & Operations '97 DEC 29 P3:09 January 5, 1998 The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Request for Executive Session Dear Mayor Bowers and Members of Council: This is to request that Council convene in Executive Session to discuss specific legal matters requiring the provision of legal advice by counsel, being the terms and conditions of a contract in negotiation concerning the use of the Civic Center, pursuant to Section 2.1-344(A) (7), Code of Virginia (1950), as amended. Respectfully submitted, City Manager WRH:afm cc: Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Mary F. Parker, City Clerk Kit B. Kiser, Director of Utilities & Operations James M. Evans, Civic Center Manager WILBURN C. DIBLING, JR. CITY ATI'ORN EY CITY OF ROANOKE OFFICE OF CITY ATTORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW ROANOKE, VIRGINIA 24011-1595 TELEPHONE: 540-853-2431 FACSIMILE: 540-853-1221 E-MAIL:cityatty @ ci.roanoke.va.us January 5, 1998 RECEIVED CITY CL~.,'~:',S C? '97 BEC 29 t ll :53 WILLIAM X PARSONS STEVEN J. TALEVI GLADYS L. YATES GARY E. TEGENKAMP ASSISTANT CITY ATFORNEY$ The Honorable Mayor and Members of Roanoke City Council Roanoke, Virginia Re: Request for Executive Session Dear Mayor Bowers and Members of Council: This letter is to request that Council convene in Executive Session for the purpose of discussing and considering a matter of pending litigation, specifically a lawsuit brought against two City employees, pursuant to §2.1-344. A. 7., Code of Virginia ( 1950), as amended. WCD/lsc Sincerely yo~rs,~'/ Wilburn C. Dibling, Jr. City Attorney W. Robert Herbert, City Manager George C. Snead, Jr., Director Public Safety Major J. L. Viar, Acting Chief of Police Mary F. Parker, City Clerk MINUTES OF THE AUDIT COMMITTEE OF ROANOKE CITY CI~IJ~,. C1'[¥ C[.E~K~ ;.i,~:FI{;~'~- December 1, 1997 '97 EEC 30 ?4:38 CALL TO ORDER: The meeting of the Roanoke City Audit Committee was called to order at 11:05 a.m. on Monday, December 1, 1997, with Chairman, William White, Sr., presiding. · The roll was called by Ms. Barger Audit Committee Members Present: William White, Sr., Chairman Mayor David Bowers Carroll E. Swain C. Nelson Harris Others Present: Robert H. Bird, Municipal Auditor W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance David C. Anderson, Treasurer Kenneth F. Mundy, Controller, RCPS Robert N. Collis, III, KPMG Peat Marwick T. Douglas McQuade, KPMG Peat Marwick Thomas F. Baldwin, Assistant Municipal Auditor Denise E. Stewart, Senior Auditor Evelyn W. Barger, Administrative Assistant Robert S. Renaud, Auditor FINANCIAL STATEMENT AUDITS KPMG Peat Marwick June 30, 1997 Reports: B. C. D. City of Roanoke Letter of Recommendation on Procedures and Controls City of Roanoke Report to the Audit Committee City of Roanoke Pension Plan Letter to the Pension Committee City of Roanoke Comparative Report Transmittal Form Mr. White ordered that the financial audit reports be received and filed. There were no objections to the order. Chairman White recognized Mr. McQuade for comments. Mr. McQuade commented that there was one management letter comment and that management was already working toward correcting this concern. There were no questions. Audit Committee Minutes -2- Page 2 UNFINISHED BUSINESS: None. 0 NEW BUSINESS: None. e ADJOURNMENT: There being no further business, the meeting adjourned at 11:10 a.m. William White, Sr., Chairman MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2401 l- 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City C{erk January 12, 1998 File #200-229-236-379 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: Your report with regard to scheduling a public hearing on Intermodal Surface Transportation Efficiency Act Enhancement Projects, was before the Council of the City of Roanoke at a regular meeting which was held on Monday, January 5, 1998. On motion, duly seconded and unanimously adopted, Council concurred in the report. Sincerely, ~ Mary F. Parker, CMC/AAE City Clerk MFP:Io pc: Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance William F. Clark, Director of Public Works John R. Marlles, Chief, Planning and Community Development Robert K. Bengston, Traffic Engineer H:~AGEND~,JANS.WI~O CITY CLER~S iiFi~' ~'.~' '97 DEO 19 ~11:05 January 5, 1998 No. 98-102 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia SUBJECT: Public Hearing on Intermodal Surface Transportation Efficiency Act Enhancement Projects Dear Mayor Bowers and Member of City Council: The Intermodal Surface Transportation Efficiency Act (ISTEA) was signed into federal law December 1991, representing a new vision for transportation in America. The law provided for $155 billion to be spent nationwide to rebuild and redirect surface transportation from 1992-1997. The intent of ISTEA was to move out of the interstate highway age and to encourage states and localities to make transportation decisions that make communities more livable, that are environmentally sound and economically efficient. This federal transportation legislation placed the power of decision making with state and local government. The purpose was to allow increased flexibility and public input in how federal funds can be spent to solve local transportation problems. While this legislation is up for reauthorization in U. S. Congress, the Virginia Department of Transportation has continued to offer this enhancement program under the assumption that the program will be retained and funded. ISTEA required state departments for transportation to set aside a minimum of 10 percent of their Surface Transportation Program (STP) allocation each year to be used for ten specific types of "enhancement" activities that enhance the physical environment. This includes activities such as facilities for pedestrians and bicyclists (such as greenways) and rehabilitation of historic transportation buildings. In Virginia, this minimum 10 percent figure equaled $7.5 million in enhancement funds annually. While all funds under the current program have been allocated, the Virginia Department of Transportation is accepting applications with the expectation of reauthorization. Enhancement projects may be initiated by any group or individual, and need to be formally endorsed by City Council prior to being submitted to VDOT. This year, two (2) applications were received by the City which will be submitted to Council on January 20, 1998. The applicants are the Virginia Museum of Transportation for enhancements to their facility, and the Fifth Planning District Commission for Lick Run Greenway funding. The Roanoke City Planning Commission is scheduled to hear this matter at its January 7, 1998, meeting and then provide a recommendation to City Council at its January 20, 1998, meeting. Further, VDOT requires that a public hearing be held for No. 98-102 Page 2 January 5, 1998 ISTEA projects as part of the application process. This is to advise that City administration has arranged to advertise a public hearing for City Council's January 20, 1998, agenda. This is being done to provide maximum citizen input into the selection of projects to be recommended to the state for funding under this transportation enhancement program. Respectfully, W. Robert Herbert City Manager WRH/RKB/gpe copy: Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Mary F. Parker, City Clerk James D. Ritchie, Assistant City Manager William F. Clark, Director of Public Works John R. Marlles, Chief, Planning & Community Development Robert K. Bengtson, Traffic Engineer MARY E PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk January 12, 1998 File ~t60 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: Your report requesting approval of the proposed budget study schedule for fiscal year 1998-99, was before the Council of the City of Roanoke at a regular meeting which was held on Monday, January 5, 1998. On motion, duly seconded and unanimously adopted, Council concurred in the proposed 1998-99 fiscal year budget study schedule. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io pc: Marsha W. Ellison, Chair, Roanoke City School Board Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance John R. Marlles, Chief, Planning and Community Development George C. Snead, Jr., Director of Public Safety H:~AGENOAg~JANS.WPO W. Robert Herbert' January 12, 1998 Page pc: William F. Clark, Director of Public Works Kit B. Kiser, Director of Utilities and Operations Barry L. Key, Manager, Office of Management and Budget Diane S. Akers, Budget Administrator, Office of Management and Budget Honorable Mayor and Members of City Council Roanoke, Virginia Subject: Proposed Budget Study Schedule - Fiscal Year 1998-99 Dear Mayor and Members of Council: On December 1, 1997, I forwarded to you a proposed schedule for the Fiscal Year 1998-99 budget study process. My letter requested that you review the proposed schedule and advise my office if any of our suggested dates and times conflicted with your schedules. In that we have received no changes from any member of Council, this is to request that you formally approve the attached schedule of activities, dates and times (including two special meetings of Council) in order that we might finalize all the arrangements necessary to move forward with the budget study process. Respectfully Submitted, W. Robert Herbert City Manager WRH:DSA Attachment CC: Chairman, Roanoke City School Board Superintendent of Schools Assistant City Manager Budget Administrator City Attorney City Clerk Deputy Director of Finance Director of Finance Director of Human Development Director of Public Safety Director of Public Works Director of Utilities and Operations Manager, Management and Budget PROPOSED BUDGET STUDY SCHEDULE FOR CITY COUNCIL FISCAL YEAR 1998-99 Date April 20, 1998 Bud.qet Preparation Activities Public presentation of Fiscal Year 1998-99 recommended budget, and update to the Consolidated Plan (Grants budget) to City Council by City Manager. April 20, 1998 Advertisements of public hearings on recommended budget, tax rates and Consolidated Plan update appear in newspapers. April 27, 1998 Public hearings on recommended budget, tax rates and update to the Consolidated Plan. May 6 - 8, 1998 * Requires special meeting of Council City Council budget study work sessions. May 11, 1998 City Council adopts General Fund, School Fund and Proprietary Fund budgets, approves an annual appropriation ordinance and adopts the update to the Consolidated Plan. * Requires special meeting of Council MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk December 4, 1997 File ~60-132 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: Your report requesting consideration of a proposed budget study schedule for fiscal year 1998-99 was before the Council of the City of Roanoke at a regular meeting on Monday, December 1, 1997. On motion, duly seconded and unanimously adopted, the report was received and filed, and the matter will be included on the January...~, 1998 agenda for action by Council. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:Io James D. Ritchie, Assistant City Manager Diane S. Akers, Budget Administrator, Office of Management and Budget James D. Grisso, Director of Finance Jesse A. Hall, Deputy Director of Finance H:~AGENDA.9'/~{~;Cl W. Robert Herbert December 4, 1997 Page 2 pc: William F. Clark, Director, Public Works Kit B. Kiser, Director, Utilities and Operations Barry L. Key, Manager, Office of Management and Budget H:~AGENDA.97~ECI.WPO RECEIVED CITY C' ~'~.S OF~- r~- L.~~' '- ' ~..~... December 1, 1997 '97 N0V24 P4:32 Honorable Mayor and Members of City Council Roanoke, Virginia Subject: Proposed.Budget Study Schedule - Fiscal Year 1998-99 Dear Mayor and Members of Council: I am writing to advise you of the proposed budget study schedule for City Council for Fiscal Year 1998-99 as outlined in Attachment A. Based on this schedule, the operating budget will be presented on April 20, 1998, which is a regularly scheduled meeting of City Council. Since City Council meetings are held on the first and third Mondays of each month and public hearings are usually conducted on the third Monday, the April 27, 1998 public hearing on the budget and the May 11, 1998 adoption of the budget will, however, require special meetings. Please review this attachment and contact my office if any of our suggested dates conflict with your schedules. I request that City Council consider the proposed budget study schedule and take action on Monday, January 5, 1998 to formally approve the schedule, so that we may proceed with the budget preparation process in an expedient manner. WRH:DSA Attachments Respectfully Submitted, W. Robert Herbert City Manager CC: Chairman, Roanoke City School Board Superintendent of Schools Assistant City Manager Budget Administrator City Attorney City Clerk Deputy Director of Finance Director of Finance Director of Human Development Director of Public Safety Director of Public Works Director of Utilities and Operations Manager, Management and Budget Attachment A PROPOSED BUDGET STUDY SCHEDULE FOR CITY COUNCIL FISCAL YEAR 1998-99 Date April 20, 1998 Bud.qet Preparation Activitie-~ Public presentation of Fiscal Year 1998-99 recommended budget, and update to the Consolidated Plan (Grants budget) to City Council by City Manager. April 20, 1998 Advertisements of public hearings on recommended budget, tax rates and Consolidated Plan update appear in newspapers. April 27, 1998 Public hearings on recommended budget, tax rates and update to the Consolidated Plan. May 6 - 8, 1998 City Council budget study work sessions. May 11, 1998 City Council adopts General Fund, School Fund and Proprietary Fund budgets, approves an annual appropriation ordinance and adopts the update to the Consolidated Plan. Dear Mayor and Members of Council: The attached Calendar of Events for Budget Preparation Activities is provided as information to Council Members only. It is not part of the agenda package. CALENDAR OF EVENTS FOR BUDGET PREPARATION ACTIVITIES FISCAL YEAR 1998-99 pate November 28, 1997 December 1, 1997 December 11, 1997 Budaet Preparation Activitie.= Preliminary revenue estimate for local taxes prepared by Director of Finance for School Administration. Instructions for Phase I of the budget process (preparation of goals and obJectives) distributed to program managers by the Office of Management and Budget. Proposed budget study schedule for Fiscal Year 1998-99 forwarded to City Council. December 22, 1997 January 5, 1998 January 8, 1998 Governor presents State budget to General Assembly. City Council adopts budget study schedule for Fiscal Year 1998-99. Phase I budget packages due in the Office of Management and Budget. January 16, 1998 Preliminary revenue estimates for major revenue categories prepared by Director of Finance. Jan. 26-30,1998 February12,1998 February26,1998 Budget briefing sessions for program managers held; instructions for Phase II of budget preparation (budget instruction manual update, departmental budget planning figures, computerized budget forms and special budget instructions) distributed to program managers by the Office of Management and Budget. Phase II of program budget submittal packages due in Office of Management and Budget. Review of program budget submittal packages by the Office of Management and Budget staff for accuracy and completeness; packages returned to program managers for any necessary corrections. March 3,1998 March 12,1998 March 13,1998 March 14,1998 Budget sessions for program managers and School Administration with Budget Preparation Committee begin. Budget sessions for program managers and School Administration with Budget Preparation Committee end. School Administration budget received by City Manager. General Assembly completes work on State budget; impact on City budget determined. Date March 18, 1998 March 16- March 27, 1998 March 27, 1998 April 16, 1998 April 20, 1998 April 20, 1998 April 20, 1998 April 20, 1998 April 20, 1998 April 27, 1998 May 6 - 8, 1998 May 11, 1998 June 15,1998 June 15,1998 CALENDAR OF EVENTS FOR BUDGET PREPARATION ACTIVITIES FISCAL YEAR 1998-99 Budget Preparation Activities Preliminary revenue estimates updated by Director of Finance. Work sessions with City Manager, Budget Preparation Committee and Directors to balance Fiscal Year 1998- 99 budget. Recommended budgets balanced, including School Administration funding recommendation. Recommended budget document delivered to City Council members. Recommended budget computer printouts distributed to program managers. City Manager briefs department managers on recommended budget. City Manager's press conference to release recommended budget. Public presentation of Fiscal Year 1998- 99 recommended budget to City Council by City Manager. Advertisements of public hearings on recommended budget and tax rates appear in newspapers. Public hearings on recommended budget and tax rates. ** Requires special meeting of City Council City Council budget study work sessions. City Council adopts General Fund, School Fund and Proprietary Fund budgets and approves an annual appropriation ordinance. ** Requires special meeting of City Council Adopted budget made available for public inspection. Adopted budget documents printed and distributed to program managers. 2 MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2401 l- 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 January 7, 1998 File #110-488 SANDRA H. EAKIN Deputy City Clerk Mr. Louis E. Ellis 1502 Sherwood Avenue, S. W. Roanoke, Virginia 24015 Dear Mr. Ellis: Yo., communication tendering your resignation as a member of the Roanoke N'~ ~lborhood Partnership Steering Committee, was before the Council of the City of ~- ~noke at a regular meeting which was held on Monday, January 5, 1998. On motion, duly seconded and adopted, your resignation was accepted and the communication was received and filed. The Members of City Council requested that I express sincere appreciation for your willingness to serve the City of Roanoke as a member of the Roanoke Neighborhood Partnership Steering Committee from April 3, 1989, to January 5, 1998. Please find enclosed a Certificate of Appreciation and an aedalview photograph of the Roanoke Valley which was issued by the Mayor on behalf of the Members of the Roanoke City Council. Sincerely, ~ Mary F. Parker, CMC/AAE City C~erk MFP:Io Enclosure H:~GENDA~SkJANS.W~O Louis E. Ellis January 7, 1998 Page 2. poe. William E. Skeen, Chair, Roanoke Neighborhood Partnership Steering Committee, 1938 Avon Road, S. W., Roanoke, Virginia 24015 Miriam Alam-Stacy, Coordinator, Roanoke Neighborhood Partnership Steering Committee H:~AGENDAg~JANS. WI:~ RECEIYE~ CITY CLERKS Louis E. Ellis 1502 Sherwood Avenue'9,,TSl~0 ! ~ ~10:40 Roanoke, VA 24015 December 8, 1997 Mr. William E. Skeen, Chairman Roanoke Neighborhood Partnership Steering Committee 1938 Avon Road, SW Roanoke, VA 24015 Re: Resignation From Steering Committee Dear Bill: It is with sincere regret that I am announcing my resignation as a member of the Steering Committee of the Roanoke Neighborhood Partnership effective immediately. The combination of my recent change in jobs and conflicts with other commitments necessitates this move. As you know, my recent ankle break has forced me to miss a number of meetings lately and I regret not being able to announce this in person. I have greatly enjoyed being a part of this fine partnership and working with my fellow committee members, John, Miriam, Chris, Elizabeth and the rest of the staff, the neighborhood leaders and members and our business partners. The quest to make Roanoke the best place to live and work is ongoing and I wish you all luck in continuing this successful effort. Thanks~your leadership and efforts; I send my best regards. // Louis E. Ellis cc: Miriam A. Stacy, RNP Coordinator ~Mary F. Parker, City Clerk MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk January7,1998 File #15-72-110 William C. Holland, Chair Advisory Board of Human Development 1450 Forest Park Boulevard, N. W. Roanoke, Virginia 24017 Dear Mr. Holland: This is to advise you that on December 15, 1997, Bernice F. Jones qualified as a member of the Advisory Board of Human Development for a term ending November 30, 2001. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io pc; Glenna N. Ratcliffe, Secretary, Advisory Board of Human Development Sandra H. Eakin, Deputy City Clerk H:~AGENDA.%~JAN~.WPO MARY E PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 January 7, 1998 File #15-110-488 SANDRA H. EAKIN Deputy City Clerk William E. Skeen, Chair Roanoke Neighborhood Partnership Steering Committee 1938 Avon Road, S. W. Roanoke, Virginia 24015 Dear Mr. Skeen: This is to advise you that on December 15, 1997, Allen L. Clark qualified as a member of the Roanoke Neighborhood Partnership Steering Committee for a term ending November 30, 2000. Sincerely, Mary F. Parker, CMClAAE City Clerk MFP:Io pc; Elizabeth Watson, Secretary, Roanoke Neighborhood Partnership Steering Committee Sandra H. Eakin, Deputy City Clerk H:~,QENI~e~JANS.WI:~ RECEIVED CITY CL£R?,S G~:F!C:!:] '97 DEO 15 A9:08 Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Allen L. Clark, do solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Roanoke Neighborhood Partnership Steering Committee for a term ending November 30, 2000, according to the best of my ability. So help me God. Subscribed and sworn to before me this \ ~'~day '~"~1997. ARTHUR B. CRUSH, III, CLERK , DEPUTY CLERK MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011- ! 536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk January 12, 1998 File #15-110-488 Elizabeth Watson, Secretary Roanoke Neighborhood Partnership Steering Committee Roanoke, Virginia Dear Ms. Watson: This is to advise you that on December 12, 1997, William' E. Skeen qualified as a member of the Roanoke Neighborhood Partnership Steering Committee for a term ending November 30, 1998. Sincerely, Mary F. City Clerk MFP:Io pc: Sandra H. Eakin, Deputy City Clerk H:~(3ENDAB~JAN$.WPO RECEIVED CITY CLE?KS Oath or Affirmation of A10:06 Commonwealth of Virginia, City of Roanoke, to-wit: I, William E. Skeen, do solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Roanoke Neighborhood Partnership Steering Committee for a term ending November 30, 2000, according to the best of my ability. So help me God. Subscribed and sworn to before me this/:~, day of ~~1.997. ARTHUR B. CRUSH, III, CLERK BY . , DEPUTY CLERK MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 January 7, 1998 File #15-110-488 SANDRA H. EAKIN Deputy City Clerk William E. Skeen, Chair Roanoke Neighborhood Partnership Steering Committee 1938 Avon Road, S. W. Roanoke, Virginia 24015 Dear Mr. Skeen: This is to advise you that on December 23, 1997, Lular R. Lucky qualified as a member of the Roanoke Neighborhood Partnership Steering Committee for a term ending November 30, 2000. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:Io pc: Elizabeth Watson, Secretary, Roanoke Neighborhood Partnership Steering Committee Sandra H. Eakin, Deputy City Clerk H:~AOF..NDAg~JANS.WPO RECE~¥ED '97 DEC 23 P4:07 Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Lular R. Lucky, do solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Roanoke Neighborhood Partnership Steering Committee for a term ending November 30, 2000, according to the best of my ability. So help me,God. Subscribed and sworn to before me thisc~ day of .Z~. 1997. '" // ARTHUR B. CRUSH, III, CLERK BY DEPUTY CLERK MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk January 7, 1998 File #15-110-488 William E. Skeen, Chair Roanoke Neighborhood Partnership Steering Committee 1938 Avon Road, S. W. Roanoke, Virginia 24015 Dear Mr. Skeen: This is to advise you that on December 11, 1997, Ronald H. Miller qualified as a member of the Roanoke Neighborhood Partnership Steering Committee for a term ending November 30, 1998. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:Io pc: Elizabeth Watson, Secretary, Roanoke Neighborhood Partnership Steering Committee Sandra H. Eakin, Deputy City Clerk H:~AGENDAG~JANS.WI=O RECE[VE~ CITY CLE~h,., -~: ~' ~r~: Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Ronald H. Miller, do solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Roanoke Neighborhood Partnership Steering Committee for a term ending November 30, 1998, according to the best of my ability. So help me God. Subscribed and sworn to before me this /./ day of ~997. ARTHUR B. CRUSH, III, CLERK , DEPUTY CLERK H:~AG ENDA.97~3c'r22.WPD MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 January 7,1998 File #29 SANDRA H. EAKIN Deputy City Clerk Terry L. McMahan District Manager-Roanoke Appalachian Power Company P.O. Box 2021 Roanoke, Virginia 24022-2121 Dear Mr. McMahan: I am enclosing copy of Resolution No. 33690-010598, expressing the support of the City of Roanoke, Virginia, for American Electric Power's Wyoming-Cloverdale 765 kV transmission line project to provide needed electric capacity to serve the Company's Central and Eastern areas. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, January 5, 1998. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Enclosure pc: William F. Stevens, Director, Energy Division, Virginia State Corporation Commission, P.O. Box 1197, Richmond, Virginia 23218 Dave Ellis, Director, West Virginia Public Service Commission, P.O. Box 812, Charleston, West Virginia, 25323-0812 William E. Damon, Director, United States Forest Service, 5162 Valleypoint Parkway, Roanoke, Virginia 24019 Kit B. Kiser, Director, Utilities and Operations H:~JANS.WPD IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of January, 1998. No. 33690-010598. A RESOLUTION expressing the support of the City of Roanoke, Virginia, for American Electric Power's Wyoming-Cloverdale 765 kV transmission line project. WHEREAS, approximately 48,000 residential, commercial and industrial customers of Appalachian Power Company, d/b/a American Electric Power ("AEP") in the City of Roanoke, rely upon AEP to supply their electricity needs economically and reliably; WHEREAS, the availability of reliable and reasonably priced electricity is essential to the social and economic well being of the citizens, businesses and industries of the City, as well as other areas served by AEP; WHEREAS, beginning in 1990, and more recently in applications filed on September 30, 1997, with the Virginia State Corporation Commission and the West Virginia Public Service Commission, AEP has proposed the construction of a 765 kV transmission line from its Wyoming Station near Oceana, West Virginia, to its Cloverdale Station, at Cloverdale, Virginia ("the Wyoming-Cloverdale 765 kV Line"), to provide needed electric capacity to serve the Company's Central and Eastern areas; WHEREAS, the Virginia State Corporation Commission stated in a December 13, 1995, Interim Order in an earlier proceeding on the proposed line that, based on the record, there is "... compelling need for additional electric capacity to serve Appalachian's Central and Eastern Regions . . ." and that the proposed transmission line "may be the most reasonable method of addressing this compelling need... "; WHEREAS, in its August, 1996, Report to the President in the wake of the recent blackouts in the Western United States during the summer of 1996, the U. S. Department of Energy, identified delays in the Wyoming-Cloverdale 765 kV Line as one of only two areas of significant concern within the United States regarding reliability of the nation's electricity supply; WHEREAS, in a report issued to the Department of Energy in March, 1997, an independent body of experts from three area electricity reliability councils concluded that the delayed completion of the Wyoming-Cloverdale 765 kV Line will result in a significant risk to the power supply reliability affecting a large area of the eastern United States and that the proposed line is an effective way to mitigate the potential for widespread power interruptions; WHEREAS, the City Council recognizes that an unreliable power supply, and even the prospect of an unreliable power supply, can exert a powerful dampening effect on economic development and could sap the vitality and competitiveness of existing business and industry, and affect their expansion decisions, in the City and surrounding region; and WHEREAS, the City Council recognizes that interruptions of the power supply to the citizens and businesses of the City could cause significant economic damage and other serious health related and safety impacts in the City and the surrounding region; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The Council hereby expresses its support for AEP's proposed Wyoming- Cloverdale 765 kV Transmission Line. 2. In light of the growing urgency of the need for transmission enforcement, the Council hereby requests that Virginia State Corporation Commission complete its assessment of AEP's application in a timely manner and approve the proposed transmission line and a Virginia location for the line. 3. The City Clerk is hereby directed to send certified copies of this Resolution to the Virginia State Corporation Commission, the West Virginia Public Service Commission and the United States Forest Service. ATTEST: City Clerk. Appalachian Power Company PO Box 2021 Roanoke, VA 24022-2121 703 985 2300 RECEI~' EO r~ ,._~.. '97 L'E.O, 29 P4:35 APPALACHIAN POWER Ms. Mary Parker City Clerk City of Roanoke 214 Church Avenue, S.W. - Room 456 Roanoke, VA 24011 December 19, 1997 Dear Ms. Parker: On behalf of American Electric Power, I request the opportunity to speak before City Council at the January 5, 1998 session seeking approval of the attached resolution of support for the Wyoming-Cloverdale 765 kV transmission project. City Council members have been briefed on the critical nature of this project for the Roanoke Valley and all of Southwest Virginia and are anticipating our presentation. Sincerely, Ti~~McM~han District Manager - Roanoke tnh RESOLUTION NO. A RESOLUTION EXPRESSING THE SUPPORT OF THE CITY OF ROANOKE, VIRGINIA FOR AMERICAN ELECTRIC POWER'S WYOMING-CLOVERDALE 765 kV TRANSMISSION LINE PROJECT. WHEREAS, approximately 48,000 residential, commercial and industrial customers of Appalachian Power Company, d/b/a American Electric Power ("AEP") in the City of Roanoke rely uPOn AEP to supply their electricity needs economically and reliably; and WHEREAS, the availability of reliable and reasonably priced electricity is essential to the social and economic well being of the citizens, businesses and industries of the City, as well as other areas served by AEP; and WHEREAS, beginning in 1990, and more recently in applications filed on September 30, 1997, with the Virginia State Corporation Commission and the West Virginia Public Service Commission, Appalachian Power Company, d/b/a American Electric Power CAEP" or "Company") has proposed the construction of a 765 kV transmission line from its Wyoming Station near Oc. eana. West Virginia to its Cloverdale Station, at Cloverdale, Virginia ("the Wyoming-Cloverdale 765 kV Line"), to provide needed electric capacity to serve the Company's Central and Eastern areas; and WHEREAS, the Virginia State Corporation Commission stated in a December 13, 1995, Interim Order in an earlier proceeding on the proposed line that, based on the record, there is "...compelling need for additional electric capacity to serve Appalachian's Central and Eastern Regions..." and that the proposed transmission line "may be the most reasonable method of addressing this compelling need..."; and WHEREAS, in its August, 1996, RePOrt to the President in the wake of the recent blackouts in the Western U. S. during the summer of 1996, the U. S. Department of Energy, identified delays in the Wyoming-Cloverdale 765 kV Line as one of only two areas of significant concern within the United States regarding reliability of the nation's electricity supply. WHEREAS, in a report issued to the Department of Energy in March, 1997, an independent body of experts from three area electricity reliability councils concluded that the delayed completion of the Wyoming-Cloverdale 765 kV Line will result in a significant risk to the POwer supply reliability affecting a large area of the eastern United States and that the proposed line is an effective way to mitigate the potential for widespread power interruptions; and WHEREAS, the City Council recognizes that an unreliable power supply, and even the prospect of an unreliable power supply, can exert a powerful damping effect on economic development and could sap the vitality and competitiveness of existing business and industry, and affect their expansion decisions, in the City and surrounding region; and WHEREAS, the City Council recognizes that interruptions of the power supply to the citizens and businesses of the City could cause s/gnificant economic damage and other serious health related and safety impacts in the City and surrounding region; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROANOKE, VIRGINIA as follows: 1. The Council hereby expresses its support for AEP's proposed Wyoming-Cloverdale 765 kV Transmission Line. 2. In light of the growing urgency of the need for transmission reinforcement, the Board hereby requests that the Virginia State Corporation Commission compete its assessment of AEP's application in a timely manner and approve the proposed transmission line and a Virginia location for the line. 3. The Clerk of City Council is hereby directed to send certified copies of this Resolution to the Virginia State Corporation Commission, the West Virginia Public Service Commission and the United States Forest Service. Upon a call for a yea or nay vote the same stood as follows: Yea Nay Not Present The undersigned Clerk of City Council of the City of Roanoke, Vtrginia hereby certifies that the foregoing constitutes a true and correct extract from the minutes of a meeting of the City Council held on ,199'I and of the whole thereof so far as applicable to the matters referred to in such extract. I hereby further certify that such meeting was a regularly scheduled meeting and that during the consideration of the foregoing resolution, a quorum was present and that a majority of the members of the City Council approved the resolution. WITNESS MY HAND this __ day of ,1998. Clerk of City Council City of Roanoke, Virginia MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2401 I- 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk January 8, 1998 File ~0-67-472 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 33691-010598, amending and reordaining certain sections of the 1997-98 General and Fleet Management Fund Appropriations, in connection with the purchase of one new Tricycle Type Street Sweeper from Virginia Public Works Equipment Company. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, January 5, 1998. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Attachment pc: W. Robert Herbert, City Manager William F. Clark, Director of Public Works Kit B. Kiser, Director, Utilities and Operations James. A. McClung, Manager, Fleet Management John W. Coates, Manager, Parks and Recreation Diane S. Akers, Budget Administrator, Office of Management and Budget D. Darwin Roupe, Manager, Office of Supply Management H:~AGENDA~JAN5.WPO IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 5th day of January, 1998. No. 33691-010598. AN ORDINANCE to amend and reordain certain sections of the 1997-98 General and Fleet Management Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1997-98 General and Fleet Management Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund Appropriations Nondepartmental Transfers to Other Funds (1) ................................ Fund Balance Reserved for CMERP - City (2) .............................. Fleet Mana~lement Fund Appropriations Capital Outlay (3) ......................................... Revenue Nonoperating (4) ......................................... 1) Transfer to Fleet Management Fund (001-004-9310-9506) $ 81,471 2) Reserved for CMERP - City (001-3323) ( 81,471 ) 3) Vehicular Equipment (017-052-2642-9010) 81,471 4) Transfer from General Fund (017-020-1234-0951) 81,471 $57,687,388 56,939,709 $ 3,958,718 $ 4,421,530 $ 663,504 MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk January 7, 1998 File ~0-67-472 Eric T. Rocchiccioli Sales Manager Virginia Public Works Equipment Company 2101 Loumour Avenue Richmond, Virginia 23230 Dear Mr. Rocchiccioli: I am enclosing copy of Resolution No, 33692-010598, accepting the bid of Virginia Public Works Equipment Company, for the purchase of one new Tricycle Type Street Sweeper; in the amount of $81,471.00; and rejecting all other bids made to the City for the work. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, January 5, 1998. Sincerely, f&~,~ Mary F. Parker, CMCIAAE City Clerk MFP:Io Enclosure pc; W. Robert Herbert, City Manager James D. Grisso, Director of Finance William F. Clark, Director of Public Works Kit B. Kiser, Director, Utilities and Operations H:~AOENDA~JANS.W~O Eric T. Rocchiccioli January 7, 1998 Page 2 pc; James. A. McClung, Manager, Fleet Management John W. Coates, Manager, Parks and Recreation Diane S. Akers, Budget Administrator, Office of Management and Budget D. Darwin Roupe, Manager, Office of Supply Management H:~AG~ANS.WI~ MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 January 8, 1998 File ~60-67-472 SANDRA H. EAKIN Deputy City Clerk J. B. Colley, President Richmond Machinery & Equipment Company P.O. Box 8588 Richmond, Virginia 23230 William L. Alley, President M. S. C. Equipment 1823 North Hamilton Street Richmond, Virginia 23230 Dennis D. Urban, Sales Manager Wilbar Truck Equipment, Inc. 8100 Alban Road Springfield, Virginia 22150 Deborah M. Beck, Corporate Secretary Cavalier Equipment Corporation P.O. Box 310 Cloverdale, Virginia 24077-0310 Gentlemen and Madam: I am enclosing copy of Resolution No. 33692-010598, accepting the bid of Virginia Public Works Equipment Company, for the purchase of one new Tricycle Type Street Sweeper; in the amount of $81,471.00; and rejecting all other bids made to the City for the work. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, January 5, 1998. On behalf of the City of Roanoke, I would like to express appreciation for submitting your bid on the abovedescribed equipment. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:Io Enclosure H:~AGENDAg~JAN~.WI~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of January, 1998. No. 33692-010598. A RESOLUTION accepting a bid made to the City for furnishing and delivering one new Tricycle Type Street Sweeper; and rejecting all other bids made to the City. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The bid submitted by Virginia Public Works Equipment Company, offering to furnish and deliver one new Tricycle Type Street Sweeper, meeting all the City's specifications and requirements therefor, at a total cost of $81,471, which bid is on file in the Office of Supply Management, is hereby ACCEPTED, all as more fully set forth in the report to this Council dated January 5, 1998. 2. The City's Manager of Supply Management is hereby authorized to issue the requisite purchase orders and related documents therefor, incorporating into said orders the City's specifications, the terms of said bidders' proposals and the terms and provisions of this Resolution. 3. Any and all other bids made to the City for the aforesaid procurement are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. ATTEST: City Clerk. MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk January 8, 1998 File f~60-67-472 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: Your report recommending the purchase of 1 new street sweeper from Virginia Public Works Equipment Company, in the amount of $81,471.00, was before the Council of the City of Roanoke at a regular meeting which was held on Monday, January 5, 1998. Council Member Swain requested information on the average age of those vehicles which are proposed to be replaced. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:Io pc: William F. Clark, Director, Public Works Kit B. Kiser, Director, Utilities and Operations James A. McClung, Manager, Fleet Management H:~M3 ENDAg~JANS. WPO RECEIVED 9~302 Roanoke, ~irgi~ia Ja~a~ ~, 1 Honorable David A. Bowers, Mayor and Members of City Council Dear Mayor Bowers and Members of Council: SUBJECT: Bids for Street Sweeper, Bid No. 97-11-23 Background on the subject in chronological order is: Capital Maintenance and Equipment Replacement Program (CMERP) identified the need to replace a Street Sweeper in Parks & Grounds Department. Bo Unit to be replaced is an older unit which is expensive to repair and has extensive downtime. Co Specifications were developed and along with Request for Quotations were sent specifically to eight (8) vendors that are currently on the City's bid list. A public advertisement was also in The Roanoke Times and The Roanoke Tribune, Do Bids were received, until 2:00 p.m. on November 19, 1997, at which time all bids received were publicly opened and read by the Manager of Supply Management. II. Current Situation is: Ao Four (4) bid responses were received. One response offers a primary bid and two (2) alternate bids. A tabulation of those responses is attached. All bid responses were evaluated in a consistent manner by representatives of the following departments: Public Works Fleet Management Parks & Grounds Supply Management Street Sweeper Bid No. 97-11-23 Page 2 III. C. Evaluation of the bids are as follows: The lowest bid, the alternate bid #2, submitted by Virginia Public Works Equipment Company of Richmond, Virginia, took exception that the unit is used and not new and the gutterbrooms are hydraulically driven. These exceptions are substantial and cannot be waived as informalities. The second lowest bid., alternate bid #1, submitted by Virginia Public Works Equipment Company took exception to the gutterbrooms which are driven hydraulically instead of mechanically as specified. This exception is substantial and cannot be waived as an informality. The third lowest bid, submitted by Richmond Machinery and Equipment Company, Inc., Richmond, Virginia, took exception to conveyor assembly and gutterbrooms. These exceptions are substantial and cannot be waived as informalities. The fourth lowest bid, submitted by Wilbar Truck Equipment, Inc., Springfield, Virginia, took exception to the gutterbrooms and brake system. These exceptions are substantial and cannot be waived as informalities. The lowest bid meeting required sPecifications is submitted by Virginia Public Works Equipment Company for the cost of $81,471.00. Issues in order of importance are: A. Need B. Compliance with Specifications C. Funding Street Sweeper Bid No. 97-11-23 Page 3 IV. Alternatives in order of feasibility are: Ao City Council authorize the purchase of one (1) new Tricycle Type Street Sweeper from Virginia Public Works Equipment Company for a total cost of $81,471.00. Need for the replacement of the old unit due to expensive repair cost and downtime would be addressed by this alternative. Compliance with specifications is met by the response submitted by Virginia Public Works Equipment Company for the unit identified in this alternative. Funding is designated in the Current Year Capital Maintenance and Equipment Replacement Program to provide for the purchase of this sweeper. B. Re.iect all Bids. Need for replacement of an old worn out unit would not be met by this alternative. Compliance with Specifications would not be a factor in this alternative. Funding designated for the expenditure would not be expended at this time. Recommendation: City Council concur with Alternative "A" to authorize the purchase of one (1) new Tricycle Type Street Sweeper from Virginia Public Works Equipment Company for a total cost of $81,471.00. Street Sweeper Bid No. 97-11-23 Page 4 CC: Bo Appropriate $81,471.00 from General Fund Current Year Capital Maintenance and Equipment Replacement Program to Transfer to Fleet Management Fund Account 001-004-9310-9506. Increase revenue estimate by $81,471.00 in Fleet Management Transfer from General Fund Account 017-020-1234-0951 and appropriate $81,471.00 to Fleet Management Fund Vehicular Equipment Account 017-052-2642-9010. C. Reject all other Bids. Respectfully Submitted, W. Robert Herbert, City Manager City Attorney Director of Finance City Clerk Director, Utilities & Operations Director, Public Works Manager, Fleet Management Manager, Parks & Grounds Manager, Supply Management Management & Budget Bid Tabulation Bids were received, publicly opened and read at 2:00 p.m. on November 19, 1997 For Street Sweeper Bid No. 97-11-23 Item 1 - New Tricycle Type Street Sweeper in accordance with City of Roanoke specifications, terms and conditions. Wilbar Truck Equipment, Inc. $81,180.00 M.S.C. Equipment, Inc. $84,580.00 Virginia Public Works Equipment Company * $81,471.00 Virginia Public Works Equipment Company Altemate Bid #1 $76,763.20 Delivery 100 Days 60-90 Days 45-60 Days 45-60 Days Bid Tabulation Bids were received, publicly opened and read at 2:00 p.m. on November 19, 1997 For Street Sweeper Bid No. 97-11-23 Item 1 - New Tricycle Type Street Sweeper in accordance with City of Roanoke specifications, terms and conditions Virginia Public Works Equipment Co. Altemate Bid #2 $64,949.00 Richmond Machinery and Equipment Company, Inc. $70,466.00 Delivery Committee: 3-5 Days William F. Clark 90-120 Days dames A. McClung D. Darwin Roupe * Indicates Recommendation CITY OF ROANOKE  OFFICE OF THE CITY CLERK '~ ' 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 _ ---?~// Telephone: (540)853-2541 Fax: (540) 853-1145 MARY E PARKER, CMC/AAE City Clerk January 8, 1998 File ~60-270-472 SANDRA H. EAKIN Deputy City Clerk Ken Spangler, Fleet Manager Berglund Chevrolet, Inc. 1824 Williamson Road, N. W. Roanoke, Virginia 24017 J. B. Sellers, Jr., Fleet Manager Berglund Ford-Pontiac-Mazda, Inc. 834 E. Main Street Salem, Virginia 24153 Wayne E. Williams, Fleet Sales Magic City Motor Corporation P.O. Box 12807 Roanoke, Virginia 24028 Gentlemen: I am enclosing copy of Resolution. No. 33694-4310598, accepting the bids of Berglund Chevrolet, Inc., for 11 New Intermediate Class 4-door sedans, in the amount of $156,502.28; Magic City Motor Corporation, for 1 New Full Size 4-door sedan, in the amount of $19,779.00; and Berglund Ford-Pontiac-Mazda, Inc., for 1 New % -ton Extended Cab 4-wheel ddve Pickup Truck, in the amount of $20,221.90; and rejecting all other bids made to the City for the work. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, January 5, 1998. Mary F. Parker, CMCIAAE City Clerk MFP:Io Enclosure pc: W. Robert Herbert, City Manager James D. Grisso, Director of Finance H:La~GENDAB~dAN~.WPO MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk January 8, 1998 File ~0-270-472 Robert F. Kaplan Vice President Dominion Car Company 1259 E. Main Street Salem, Virginia 24153 Dear Mr. Kaplan: I am enclosing copy of Resolution No. 33694-010598, accepting the bids of Berglund Chevrolet, Inc., for 11 New Intermediate Class 4-door sedans, in the amount of $156,502.28; Magic City Motor Corporation, for 1 New Full Size 4-door sedan, in the amount of $19,779.00 and Berglund Ford-Pontiac-Mazda, Inc., for 1 New % -ton Extended Cab 4-wheel ddve Pickup Truck, in the amount of $20,221.90; and rejecting all other bids made to the City for the work. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, January 5, 1998. On behalf of the City of Roanoke, I would like to express appreciation for submitting your bid on the abovedescribed vehicular equipment. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Enclosure H:~AG ENDAg~,JANS.VVPD IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of January, 1998. No. 33694-010598. A RESOLUTION accepting bids made to the City for furnishing and delivering certain vehicular equipment; and rejecting all other bids made to the City. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The following bids, made to the City, offering to furnish and deliver certain vehicular equipment, meeting all the City's specifications and requirements therefor, for the total amounts specified, which bids are on file in the Office of Supply Management, are hereby ACCEPTED. Item Description Successful Bidder Amount 11 - New Intermediate Class 4- Berglund Chevrolet, Inc. $156,502.28 door sedans 1- New Full Size 4-door Magic City Motor Corporation $19,779.00 sedan 1 - New ½ -ton Extended Bergland Ford-Pontiac-Mazda, $ 20,221.90 Cab 4-wheel drive Pickup Inc. Truck 2. The City's Manager of Supply Management is hereby authorized to issue the requisite purchase orders therefor, incorporating into said orders the City's specifications, the terms of said bidders' proposals and the terms and provisions of this resolution. MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2401 l- 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 January 12, 1998 File ~60-270-472 SANDRA H. EAKIN Deputy City Clerk James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 33693-010598, amending and reordaining certain sections of the 1997-98 General and Fleet Management Fund Appropriations, providing for appropriation of $196,503.00 in connection with the purchase of certain vehicular equipment for use by various City departments. The abovereferenced measure was adopted by the Council of the City of Roanoke at regular meeting which was held on Monday, January 5, 1998. Sincerely, Mary F. P~arker, CMC/AAE City Clerk MFP:Io pc: W. Robert Herbert, City Manager William F. Clark, Director of Public Works Kit B. Kiser, Director of Utilities and Operations James A. McClung, Manager, Fleet Manager Diane S. Akers, Budget Administrator, Office of Management and Budget D. Danvin Roupe, Manager, Office of Supply Management H:'~AGENDA~JANS.WPD IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 5th day of January, 1998. No. 33693-010598. AN ORDINANCE to amend and reordain certain sections of the 1997-98 General and Fleet Management Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1997-98 General and Fleet Management Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund Appropriations Nondepartmental Transfer to Other Funds (1) ............................... Fund Balance Reserved for CMERP - City (2) ............................. Fleet Management Fund Appropriations Capital Outlay (3) ........................................ Revenue Nonoperating (4) ........................................ 1) Transfer to Fleet Management Fund 2) Reserved for CMERP - City 3) Vehicular Equipment 4) Transfer from General Fund (001-004-9310-9506) (001-3323) (017-052-2642-9010) (017-020-1234-0951) $ 196,503 (196,503) 196,503 196,503 $57,883,891 57,136,212 $ 3,762,215 $ 4,618,033 $ 860,007 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Roanoke, Virgini~ _ [~G ?.?_ p 2:3'/ January 5, 1998 9-/ 98-303 Honorable David A. Bowers, Mayor and Members of City Council Dear Mayor Bowers and Members of Council: SUBJECT: Bids for Automobiles and Pickup Truck, Bid No. 97-11-22 I. Background on the subject in chronological order is: Ao Capital Maintenance and Equipment Replacement Program has identified the need to replace 11 - Intermediate Class Administrative Automobiles, 2 - Full Size Administrative Automobiles and I - Extended Cab 4-Wheel Drive Pickup Truck. Bo Specifications were developed and along with Request for Quotations were sent to Nine (9) Vendors currently listed on the City's bid list. A public advertisement was also published in The Roanoke Times and The Roanoke Tribune. This advertisement was also posted on the City's Bid Board located in the lobby of the Municipal Building. Co Conversations were held with Roanoke City Schools and Housing Authority. They have no requirements for these types of Vehicles at this time. Bids were received until 2:00 p.m. on November 20, 1997 at which time all bids were publicly opened in the Office of the Manager of Supply Management. II. Current ~ituation is: Ao Four (.4) bid responses were received. A tabulation of the bids received is attached to this report. All bids were evaluated in a consistent manner by representatives of the following departments: Public Works Fleet Management Supply Management Automobiles and Pickup Truck Bid No. 97-11-22 Page 2 III. IV. C. Bid evaluations are as follows: Item #1 - 11 New Intermediate Class 4-Door Sedans. The lowest bid, the primary bid, submitted by Berglund Chevrolet, Inc. took exception to the side mirror. This exception is minor and has been determined to be an informality. The cost of these units is $14.227.48 per unit. Item #2 - 2 New Full Size 4-Door Sedans. One (1) of the units should have been bid as intermediate size. It is requested that the bid for One (1) unit be rejected and purchased as an intermediate size at a later date. The lowest bid submitted by Berglund Ford-Pontiac-Mazda, Inc. took exception on limited slip differential. This exception is substantial and cannot be waived as an informality. The second lowest bid, submitted by Magic City Motor Corporation meets all essential specifications at a cost of $19,779.00. Item #3 - 1 New ~ Ton Extended Cab 4-Wheel Drive Pickup Truck. The lowest bid submitted by Berglund Ford-Pontiac- Mazda, Inc. meets all essential specifications at a cost of $20,221.90. Issues in order of importance are: A. Need B. Compliance with Specifications C. Funding Alternatives in order of feasibility are: City Council authorize the purchase of Automobiles and a Pickup Truck as follows: 11 - New Intermediate Class 4-Door Sedans from Berglund Chevrolet, Inc. for a total cost of $156.502.28. Automobiles and Pickup Truck Bid No. 97-11-22 Page 3 V= 1 - New Full Size 4-Door Sedans from Magic City Motor Corporation for a total cost of $19,779.00. 1 - New ~ Ton Extended Cab 4-Wheel Drive Pickup Truck from Berglund Ford-Pontiac-Mazda, Inc. for a total cost of $20.221.90. bo Need to replace necessary vehicular equipment would be addressed by this alternative. Compliance with Specifications is met by the organizations identified in this alternative. B. Reject all Bids. Funding is designated in the Capital Maintenance and Equipment Replacement Program for this purchase. Need to replace necessary vehicular equipment would not be met. Compliance with Specifications would not be a factor in this alternative. 3. Funding designated would not be expended at this time. Recommendation Ao Council concur with Alternative "A" to authorize the purchase of Automobiles and a Pickup Truck as follows: 11 - New Intermediate Class 4-Door Sedans from Berglund Chevrolet, Inc. for a total cost of $156.502.28. 1 - New Full Size 4-Door Sedans from Magic City Motor Corporation for a total cost of $19,779.00. 1 - New ~ Ton Extended Cab 4-Wheel Drive Pickup Truck from Berglund Ford-Pontiac-Mazda, Inc. for a total cost of $20,221.9O. B. Re_iect all other Bids. Automobiles and Pickup Truck Bid No. 97-11-22 Page 4 CC: Co Appropriate $196,503.00 from General Fund Current Year Capital Maintenance and Equipment Replacement Program to Transfer to Fleet Management Fund Account 001-004-9310-9506. Increase revenue estimate by $196,503.00 in Fleet Management Transfer from General Fund Account 017-020-1234-0951 and appropriate $196,503.00 to Fleet Management Fund Vehicular Equipment Account 017-052-2642-9010. Respectfully Submitted, W. Robert Herbert City Manager City Attorney Director of Finance City Clerk Director, Utilities & Operations Director, Public Works Manager, Fleet Management Manager, Supply Management Management & Budget Bid Tabulation Bids were received, publicly opened and read at 2:00 p.m. on November 20, 1997 For Automobiles & Pickup Truck Bid No. 97-11-22 Item #1 11 - New Intermediate Class 4-Door Sedans in accordance with City of Roanoke specifications and delivered F.O.B. Roanoke, Virginia Item #2 2 - New Full Size 4-Door Sedans in accordance with City of Roanoke specifications and delivered F.O.B. Roanoke, Virginia Item #3 1 - New % Ton Extended Cab 4-Wheel Drive Pickup Truck in accordance with City of Roanoke specifications and delivered F.O.B. Roanoke, Virginia. Dominion Car Company $16,117.00 ea N/B NIB Magic City Motor Corporation $15,345.00 ea * $19,779.00 ea $20,480.77 Delivery 60-90 Days 60-90 Days Committee: William F. Clark James A. * Indicates Recommendation Berglund Chevrolet, Inc. Berglund Ford- Pontiac-Mazda Inc. $14,227.48 ea Alt. $14,693.87 ea * $14,468.00 ea N/B $18,875.00 ea NIB * $20,221.90 ea 45-60 Days D. Darwin Roupe 60-90 Days MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk January 8, 1998 File #22 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 33695-010598, authorizing the City Manager, or his designee, to enter into an amendment to the contract with the Virginia Department of Health relating to the operation of the local Health Department, upon certain terms and conditions. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, January 5, 1998. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:Io Attachment: pc: Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Glenn D. Radcliffe, Director of Human Development Dr. Molly Rutledge, Director, Roanoke City Health Department Diane S. Akers, Budget Administrator, Office of Management and Budget H:',AGENOA~JANS.WI:~) IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of January, 1998. No. 33695-010598. A RESOLUTION authorizing the City Manager or his designee to enter into an amendment to the contract with the Virginia Department of Health relating to the operation of the local Health Department, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that the City Manager or his designee, and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, the requisite amendment to the contract with the Virginia Department of Health, pursuant to S32.1-31, Code of Virginia (1950), as amended, such amendment establishing the financial contributions of the City and the Commonwealth to the local Health Department, a copy of such amendment being attached to the report of the City Manager, dated January 5, 1998, such amendment to be in form approved by the City Attorney. ATTEST: City Clerk. RECEiYE£~ glTY ~' .~ ,,,, ,~.~ ~, .,l~r~ctor of Human Development ~o dtll'i January 21, 1998 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, VA 24011 Dear Mayor Bowers and Members of Council: I am pleased to respond on behalf of the City Manager. During the Council Meeting on January 5, 1998, the contract for the State Department of Health was presented for approval. Mr. Swain, Member of Council, requested information on the types of services in the category of "Specialty Clinic Services." This category includes clinic services for refugees and pharmacy services. A clinic for refugees is conducted twice per month in cooperation with the Bradley Free Clinic. The purpose of this clinic is to provide for screening of newly arrived refugees to determine if communicable diseases are present and to provide a comprehensive physical screening to make appropriate referrals to other resources. Pharmacy services are provided by the Health Department to the Bradley Free Clinic, the General Relief Program, Roanoke City Jail, Juvenile Detention Home and the League of Older Americans. This program allows these agencies to access most prescription drugs at the most affordable prices. In addition, the Health Department provides special clinic services that are funded from other sources. Regularly scheduled clinics include the Child Development Clinic which provides comprehensive assessment of eligible children and the Anonymous Testing Clinic which provides testing for HIV infections. Other clinics that are scheduled less often are cholesterol and cancer screenings. All of these activities are funded from grants. Room 356, Municipal Building 215 Church Avenue, S.W., Roanoke, Virginia 24011-1539 (540) 981-2302 Mayor Bowers and Members of Council Page 2 January 21, 1998 Finally, the Health Departmem budget supports the Family Planning Clinic, the Maternity Clinic, the Pediatric Clinic, the Sexually Transmitted Diseases Clinic and the Immunization Clinic. Sincerely, Glenn D. Radcliffe Director of Human Development cc: W. Robert Herbert, City Manager ~ Parker, City Clerk Dr. Molly Rutledge, Director, Roanoke City Health Department MARY F. PARKER, CMC~AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 240 11-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk January 9, 1998 File #22 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: Your report recommending execution of an amendment to the City's contract with the Virginia Department of Health relating to operation of the local Health Department, was before the Council of the City of Roanoke at a regular meeting which was held on Monday, January 5, 1998. Council Member Swain requested information on the nature of services provided under the category, "Special Clinic Services'. Sincerely, City Clerk MFP:Io pc: Glenn D. *Radcliffe, Director of Human Development H:~AGENDAQ~JANS,WI~ · 97 DEE 19 ~11:05 Roanoke, Virginia Janua~ 5,1998 Report #98-700 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: SUBJECT: VIRGINIA STATE DEPARTMENT OF HEALTH AND THE CITY OF ROANOKE CONTRACT FOR SERVICES I. BACKGROUND Health Laws of Virginia, Chapter 1, Article 5, Section 32.1-31, "Operation of local health department under contract with Board; district health departments," states (in part): A governing body of a city may enter into a contract with the Board for the operation of the local health department in such city. The contract between the City and the Board shall specify the services to be provided in addition to the services required by law and shall contain other provisions as the Board and the governing body may agree upon. Local commitment statement was used in previous years to certify that City Council appropriated a given amount for the support of the Roanoke City Health Department. Contract establishes that leqal defense with respect to services performed pursuant to local ordinance, enabling legislation set out in Title 15.2 of the State Code, and other services set out in Attachment A(2) of the contract will be provided by the City Attorney. This requirement will continue to impose an additional burden on this office. II. CURRENT SITUATION Contract and a services checklist was completed last year per instructions received by the State Health Department from Dr. Robert Stroube, Deputy Commissioner for Community Health Services, dated September 27, 1988. This contract has an automatic year to year renewal. The amount of funds dedicated to this contract for each fiscal year is negotiated and agreed to by an amendment. Contract between the Commonwealth of Virginia and Bo City of Roanoke is necessary for proper billing to localities for health and environmental services. The local required match amount of $917,477 (40.36% of total cooperative budget) was included in the fiscal year 1997-98 resource allocation plan adopted by City Council on May 12, 1997. The 1997-98 Health Department Budget is based on approved funding as follows: a. State $1,355,757 b. Local Match $ 917,477 Services to be in contract include the following: 2. 3. 4. 5. 6. 7. 8. 9. 10. Communicable Disease Services Child Health Services Maternal Health Services Family Planning Services Environmental Health Services Management and Support Services Dental Health Services Specialty Clinic Services Other Public Health Services a. Including Medicaid Nursing Home Screening Public Health Service provided under local ordinance a. Including Insect Control, Rodent Control, Swimming Facilities and Grocery Store Delicatessens. III. ISSUES Services to citizens. Funding. Legal IV. ALTERNATIVES Ao City Council authorize the City Mana.qer or his designee to execut~ the amendment to the contract approved by the City Attorney with the State Health Department as provided for in the Health Laws of Virginia. 1. Services to citizens would be continued. 2. Funding has been approved by the State and City. 3. Legal requirements would be met. Do not authorize the City Manager or his designee to execute the amendment to the contract with the State Health Department as provided for in the Health Laws of Virginia. Services to citizens could be discontinued by the State, and eligible Roanoke City citizens would not receive health department services. 2. Funding would not be made available by the State. Legal requirements and compliance with Health Laws of Virginia would not be met. V. RECOMMENDATION City Council concur in the implementation of Alternative A and authorize the City Manager or his designee to execute the amendment to the contract, form approved, by the City Attorney with the State Health Department as provided for in the Health Laws of Virginia. Respectfully Submitted, W. Robert Herbert City Manager CC: James Grisso, Director of Finance Wilburn C. Dibling, City Attorney Glenn D. Radcliffe, Director of Human Development Dr. Molly Rutledge, Director, Roanoke City Health Department Diane Akers, Manager, Management and Budget Attachment FIRST AMENDMENT This First Amendment to the Statement of Agreement between the Virginia Department of Health and the Roanoke City Council dated June 16, 1997, for the term beginning July 1, 1996, is executed to be effective July 1, 1997, when signed by both parties. Under the Statement of Agreement, funding allocation changes from year to year shall be made in written amendment to the original Statement of Agreement. As such, this First Amendment includes changes for Fiscal Year 1997-1998, beginning July 1, 1997. The parties therefore agree as follows: Under this agreement, which is created in satisfaction of the requirements of § 32.1-31 of the Code of Virginia (1950), as amended, the Virginia Department of Health, over the course of one fiscal year, will pay an amount not to exceed $ 1,355,757 from the state general fund in accordance with appropriations by the General Assembly, and in like time frame, the Roanoke City Council will provide by appropriation a sum of $ 917,477 to include $ 917,477 as local match and $ -0- to be used to support local activities. Except as explicitly hereby amended, the Statement of Agreement dated January 26, 1997, shall remain in full force and effect, and all covenants and agreements contained therein on the part of the Virginia Department of Health and the Roanoke City Council shall be kept and performed. In witness whereof, the parties have executed this First Amendment by the signatures affixed below. State Health Commissioner Virginia Department of Health Local Authorizing Officer Title Date Date Ammendraent to Local Gov't Agreement September 1997 MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 January 8, 1998 File ~60-72 SANDRA H. EAKIN Deputy City Clerk James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 33696-010598, amending and reordaining certain sections of the 1997-98 General Fund Appropriations, providing for appropriation of $87,061.00, in connection with acceptance of a grant from the Commonwealth of Virginia Department of Social Services; to provide funds for transportation needs of recipients of Temporary Assistance to N~,--c-Jy Families in Roanoke City, Roanoke County and Botetourt County. The abovereferanced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, January 5, 1998. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:Io Attachment: pc: W. Robert Herbert, City Manager Glenn D. Radcliffe, Director of Human Development Corinne B. Gott, Superintendent of Social Services Diane S. Akers, Budget Administrator, Office of Management and Budget D. Darwin Roupe, Manager, Supply Management N:~.GENDAOS~J ANS,~:) IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 5th day of January, 1998. No. 33696-010598. AN ORDINANCE to amend and reordain certain sections of the 1997-98 General Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1997-98 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Ar) r)ror)riations Health and Welfare $ 23,162,980 Employment Services (1) .................................... 1,305,762 Revenue Grants-in-Aid Commonwealth $ 38,176,596 Welfare (2) ............................................... 16,461,695 1) Transportation Costs (001-054-5316-3142) $87,061 2) Transportation (001-020-1234-0698) 87,061 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 January 8, 1998 File $60-72 SANDRA H. EAKIN Deputy City Clerk W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 33697.010598, authorizing acceptance of a grant from the Commonwealth of Virginia Department of Social Services to be used for specialized transportation of recipients of TANF in Roanoke City, Roanoke County and Botetourt County. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, January 5, 1998. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:Io Attachment pc; James D. Grisso, Director of Finance Glenn D. Radcliffe, Director of Human Development Corinne B. Gott, Superintendent, Social Services Diane S. Akers, Budget Administrator, Office of Management and Budget D. Darwin Roupe, Manager, Office of Supply Management H:~,OENDAO~JAN6.WPO IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of January, 1998. No. 33697-010598. A RESOLUTION authorizing the acceptance of a grant from the Commonwealth of Virginia Department of Social Services to provide for transportation needs of recipients of Temporary Assistance to Needy Families CTANF") in Roanoke City, Roanoke County and Botetourt County; and authorizing the execution of the necessary documents. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City of Roanoke hereby accepts the grant from the Commonwealth of Virginia Depamnent of Social Services to be used for specialized transportation of recipients of TANF in Roanoke City, Roanoke County and Botetourt County as set out and described in the application of the City, Roanoke County and Botetourt County for said grant, and as more particularly set forth in the January 5, 1998, report of the City Manager to this Council. 2. The City Manager, W. Robert Herbert or his successor in office, or the Assistant City Manager, and the City Clerk, are hereby authorized to execute, seal and attest, respectively, the grant agreement and all necessary documents required to accept the grant, including any documents providing for indemnification from the City that may be required for the City's acceptance of this grant, all such documents to be approved as to form by the City Attorney. H:'dVI~E S~I.-TAN F]'R~ 1 may be required by the Commonwealth of Virginia Department of Social Services connection with the City's acceptance of the grant. ATTEST: The City Manager is further directed to furnish such additional information as City Clerk. H:UV[ EASURE S~.-TANFTR. I RECEIVER CITY ~' ~'... Roanoke, .~ginia January5,'~8~[~ 22 P2:37 #97-713 The Honorable David A. Bowers, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: SUBJECT: WELFARE REFORM - TRANSPORTATION GRANT II. BACKGROUND: Roanoke City_, in conjunction with Roanoke County and Botetourt County, applied for and received a regional grant of $87,061 to assist recipients of Temporary Assistance to Needy Families (TANF) of these three localities who have no transportation to jobs located where public transportation is not available or not accessible during shift work. Roanoke City agreed to be the recipient of the funds with oversight of the grant being shared with Roanoke County and Botetourt County; Roanoke City having the largest number of potential users of the grant. Co Oversight Committee is composed of Dr. Betty McCrary, Director of Roanoke County Department of Social Services; Mary Lou Mullis, Director of Botetourt County Department of Social Services; and Corinne Gott, Superintendent of Roanoke City Department of Social Services. CURRENT SITUATION: mo Recipients of TANF will receive up to three (3) months, renewable up to six (6) months of specialized transportation to jobs located outside of public transportation capabilities. Specialized transportation will be purchased from private transportation companies such as, but not limited to RADAR or cab companies. Case Managers will work with recipients during period of eligibility to assist recipients to develop their own plans of transportation. The goal of the grant is tO help recipients get better paying jobs, thereby moving them towards self sufficiency. The Honorable David A. Bowers, Mayor, and Members of City Council Roanoke, Virginia January 5, 1998 #97-713 Page Two III. IV. ISSUES: A. Budget. B. Services to Enhance Self Sufficiency. C. Regional Cooperative Project ALTERNATIVES: Accept ~ant of $87,061 for transportation needs of TANF recipients located in Roanoke City, Roanoke County and Botetourt County to assist them to achieve the goal of self sufficiency. Establish revenue estimate of $87,061 in Welfare Reform - Transportation account number 001-020-1234-0698. Appropriate the same in Employment Services account number 001-054-5316-3142, Transportation Costs. 1. Budget a. City will be reimbursed at 100% of transportation costs. b. Most of the recipients will be residents of Roanoke City. 2. Services to enhance self-sufficiency a. Lack of transportation will be removed as a barrier. b. Recipients may seek higher paving jobs. 3. Re~onal Cooperative Project a. Opens up resource not available tO locality alone. Do not accept transportation grant. 1. Budget - No impact. 2. Services to enhance self sufficiency. The Honorable David A. Bowers, Mayor, and Members of City Council Roanoke, Virginia January 5, 1998 //97-713 Page Three Vo CC Lack of transportation to major employers will remain a substantial barrier. 3. Re~onal Cooperative Project - will not be possible. RECOMMENDATION: Accept grant of $87,061 for transportation needs of TANF recipients located in Roanoke City, Roanoke County and Botetourt County to assist them to achieve the goal of self sufficiency. Establish revenue estimate of $87,061 in Welfare Reform - Transportation account number 001-020-1234-0698. Appropriate the same in Employment Services account number 001-054-5316-3142, Transportation Costs. Respectfully submitted, W. Robert Herbert City Manager Wilburn C. Dibling, City Attorney James D. Grisso, Director of Finance Glenn D. Radcliffe, Director of Human Development Corinne B. Gott, Superintendent of Social Services Diane S. Akers, Budget Administrator D. Darwin Roupe, Manager, Supply Management Mary F. Parker, City Clerk MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 - 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 January 8, 1998 File #51 SANDRA H. EAKIN Deputy City Clerk Maryellen F. Goodlatte, Attorney Glenn, Feldmann, Darby & Goodlatte P. O. Box 2887 Roanoke, Virginia 24001 Dear Ms. Goodlatte: I am enclosing copy of Ordinance No. 33686-010598, rezoning a tract of land described as 3.628 acres, Acreage Tract, Persinger Road, 1147 Persinger Road, S. W., being a portion of Official Tax No. 1260214, from RS-2, Residential Single Family District, to RM-2, Residential Multifamily, Medium Density District, subject to certain proffers contained in the Third Amended Petition filed in the Office of the City Clerk on December 15, 1997, subject to any changes required by the City dudng site plan review. The abovereferenced measure was adopted by the Council of the City of Roanoke on its first reading on Monday, December 15, 1997, also adopted on its second reading on Monday, January 5, 1998, and will be in full force and effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMClAAE City Clerk MFP:Io Enclosure Maryellen F. Goodlaffe, Afforney January8,1998 Page 2 pc: Trustees, Temple Emanuel, 1163 Persinger Road, S. W., Roanoke, Virginia 24015 Mr. Michael Dobbs, 2302 Rosalind Avenue, S. W., Roanoke, Virginia 24014 Curtis L. and Azolea L. Rowland, 1140 Persinger Road, S. W., Roanoke, Virginia 24015 M. Douglas and Phyllis P. Newman, 1136 Persinger Road, S. W., Roanoke, Virginia 24015 James H. Andrews and Janice Sue A. Vanhorn, 1130 Persinger Road, S. W., Roanoke, Virginia 24015 Shirley Ann Reed Witt, 1126 Persinger Road, S. W., Roanoke, Virginia 24015 J. Thomas, Jr. and Leigh G. Meadows, 1114 Persinger Road, S. W., Roanoke, Virginia 24015 Nancy B. Jacobs, 2807 Bluefield Road, S. W., Roanoke, Virginia 24015 Louise R. and Martin L. Freese, Post Office Box 14061, Roanoke, Virginia 24038- 4061 Richard Gibbs and Ellen Lewis McGimsey, 2791 Bluefleld Boulevard, S. W., Roanoke, Virginia 24015 Dr. Hans Marienfeldt and Ms. Larrissa I. Marienfeldt, 2785 Bluefield Boulevard, S. W., Roanoke, Virginia 24015 John D., Jr. and Thelma K. West, 2777 Bluefield Boulevard, S. W., Roanoke, Virginia 24015 John A. and Mary J. Gallagher, 2771 Bluefield Boulevard, S. W., Roanoke, Virginia 24015 Janet T. Ingram, 914 Gaymont Street, S. W., Roanoke, Virginia 24015 Ann C. Patterson, 930 Gaymont Street, S. W., Roanoke, Virginia 24015 F. Peter and Margaret C. Brandt, 927 Gaymont Street, S. W., Roanoke, Virginia 24015 Richard G. and Joan T. Via, 937 Carrington Avenue, S. W., Roanoke, Virginia 24015 Thomas D. and Mae Lee B. Miller, 1014 Oakwood Drive, S. W., Roanoke, Virginia 24015 Henry M. and Kimberly M. Caldwell, 1024 Oakwood Ddve, S. W., Roanoke, Virginia 24015 Maryellen F. Goodlatte, Attorney January 8, 1998 Page 3 pc: L. Thompson and Jennifer S. Hanes, 1036 Oakwood Drive, S. W., Roanoke, Virginia 24015 William B. and Virginia G. Hopkins, 1102 Oakwood Drive, S. W., Roanoke, Virginia 24015 John R. and Helen J. Alba, 1110 Oakwood Drive, S. W., Roanoke, Virginia 24015 R. Francis and Hazel M. Sublette, 1120 Oakwood Drive, S. W., Roanoke, Virginia 24015 Ms. Jean B. Whitworth, 1204 Lakewood Drive, S. W., Roanoke, Virginia 24015 Mr. Leslie Thomas Lambert, 1250 Lakewood Ddve, S. W., Roanoke, Virginia 24015 Ms. Margie R. Fisher, 1260 Lakewood Drive, S. W., Roanoke, Virginia 24015 Arthur J. and Betty J. Kaddes, 2151 Brambleton Avenue, S. W., Roanoke, Virginia 24015 Mr. Michael F. Urbanski, 2108 Mount Vemon Road, S. W., Roanoke, Virginia 24018 Mr. A. S. Brown, 2747 Thorndale Drive, S. W., Roanoke, Virginia 24018 Mr. B. J. Swecker, 1117 Oakwood Drive~ S. W., Roanoke, Virginia 24018 Claude D. Carter, Attorney, 1401 Franklin Road, S. W., Roanoke, Virginia 24016 Ms. Louise Chagnon, 4424 Cresthill Drive, S. W., Roanoke, Virginia 24018 Steve and Emily Nelson, 4622 Grandin Road, S. W., Roanoke, Virginia 24015 Mr. Robert Shelor, 2215 Hunters Road, S. W., Roanoke, Virginia 24015 Mr. Charles G. Smith, 3406 Klm Court, S. W., Roanoke, Virginia 24018 Mr. David K. Lisk, 909 Carrington Avenue, S. W., Roanoke, Virginia 24015 Ms. Patricia Hellegas, 3905 Kentland Drive, S. W., Roanoke, Virginia 24018 Ms. Doris Fant, 3526 Robyn Road, S. W., Roanoke, Virginia 24015 Ms. Jo Ann Chafe, 5140 Canter Drive, Roanoke, Virginia 24018 Mr. James Green, 2619 Oregon Avenue, S. W., Roanoke, Virginia 24015 Ms. Ann Marie Wood, 3331 Colonial Avenue, S. W., Roanoke, Virginia 24018 W. Robert Herbert, City Manager Wilbum C. Dibling, Jr., City Attorney Steven J. Talevi, Assistant City Attorney John R. Marlles, Agent, City Planning Commission Martha P. Franklin, Secretary, City Planning Commission Evelyn D. Dorsey, Zoning Administrator Ronald H. Miller, Building Commissioner IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of January, 1998. No. 33686-010598. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 126, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. WHEREAS, ManorCare Health Services, Inc., and Roanoke Lodge No. 19, Benevolent and Protective Order of Elks of the United States of America, have made application to the Council of the City of Roanoke to have the hereinafter described property rezoned from RS-2, Residential Single Family District, to RM-2, Residential Multi-family, Medium Density District, subject to certain conditions proffered by the applicant; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said application at its meeting on November 17, 1997, and continued at the request of Petitioner to December 15, 1997, after due and timely notice thereof as required by §36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that S36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 126 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: That certain 3.628-acre tract of land located at 1147 Persinger Road, S.W., and designated on Sheet No. 126 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 1260214, be, and is hereby rezoned from RS-2, Residential Single Family Residential District, to RM-2, Residential Multi-family, Medium Density District, subject to the proffers contained in the Third Amended Petition filed in the Office of the City Clerk on December 15, 1997, subject to any changes required by the City during site plan review, and that Sheet No. 126 of the Zone Map be changed in this respect. ATTEST: City Clerk. H:\ORD-REZ~O-MANOR. lB Department of Planning and CommUnity Development Zoning Division October 17, 1 ~7 Mrs. Ma~/ellen F. Goodlatte, Esquire Glenn, Feldmann, Daze/& Goodlatte 210 First St~et, S. W., Suite 200 Post O~ce Box 2887 Roanoke, V'trginia 24001 Board of Zonin~ Appeals Case # 77-71-A for property identi~ed as O~dai Tax Map No. 1260214, abo Imown as the Elks Lodge on Brambleton Avenue, S.W. In reslxmse to our telepimm ~on held earlier tod~y regarding the above referenced property, the t'ollowin8 information and opinion is hereby provided. On October 14, 19'/1, 33m Roanoke City Board ot'ZordnB Appeals ~-anted a special exception to permit the construction of a private dub or lodge on the subject property. In my review of the otHcial and record of'this meetin8 and t~e subeeque~ Order ot'the Board of Zonin~ Appeals, these documents do not ct~zin any comfltk~s imnomd by the B,~rd as att oftlmir nnmoval of tim rea,,_,~. Therefore, there are no conditiorm of approvM to be enforced nor m~::onaU~i to-be applicable t~ the further development or redevelo~ ofthis property. I hope this information as provided will meet your needs; if ~urther inf'omm~on is requbed, please do not he~dtate to contact me at your earliest convenience. ~ity Planner EDD:Imo cc: John R. Marries, Agent to the Roanoke City PlanninS Commission GLENN, RECE~¥ED CITY C~_E~I,~- FELDMANN, DARBY & CJOODLATI'E 210 1ST STREET, SUITE 2q~7 POST OFFICE BOX 2887~" DEC 15 All :46 ROANOKE, VIRGINIA 24001 (540)224-8000 FAX(540) 224-8050 E-rn~l: gfdg~gfdg.com MEMORANDUM HAND DELIVERED TO: Ms. Mary Parker Roanoke City Clerk Roanoke City Clerk's Office FROM: Maryellen F. Goodlatte, Esq. Glenn, Feldmann, Darby & Goodlatte DATE: December 15, 1997 RE: ManorCare Health Services Pursuant to our discussion earlier this morning, I am enclosing, at the Elks request, a letter for each member of City Council from them. I would appreciate your passing this letter out to Council for their 2:00 p.m. session today. I have taken the liberty of highlighting the reference part of the letter, so that the members of Council can easily note that it refers to the ManorCare rezoning. As you know, this rezoning will be coming up at 7:00 tonight. However, the Elks were anxious that the members of Council know that they have, in fact, filed an amended petition and they wanted to point out the reasons why they did so. Please call me at 224-8018 if you have any questions or concerns. As always, thank you for your help. MFG:lnh:3643000 Attachments Maryellen ROANOKE LODGE No. 197, B. P. O. ELKS I ,~7 PERSlNGER ROAD. ROANOKE. VA. 24.O15 December 15, 1997 HAND DELIVERED To The Honorable Mayor and Members of City Council Roanoke, Virginia' Re: Manorcare Health Services Dear Mayor Bowers and Members of Council: As you know, at Manoreare's request, November's scheduled public hearing on the above rezoning request was continued until tonight in order to give Manorcare, the Elks Lodge, the Raleigh Court Civic League and opposing neighbors additional time to see if agreement could be reached on rezoning terms. We met with members of the Board of the Civic League and with opposing neighbors, and we appreciate the time everyone took in that regard. While the Civic League was willing to be involved and facilitate these discussions, the opposing neighbors, ultimately, were not willing to compromise their position. Thus, this matter will be on your agenda tonight. You already know how strongly our Lodge supports this rezoning request. We believe that Manorcare has done everything it can to its site in order to satisfy neighborhood concerns. We are convinced that this will be a quality project which will enhance our neighborhood and our City. However, the Elks Lodge wants to do everything that it can to satisfy the fears and concerns of some that we will sell off more of our property. That is absolutely not our plan. To make that point as strongly as we can, we filed, today, an amended petition in order to add another proffered condition to the rezoning application. We have agreed that we will not change the current use of our remaining property for 15 GLENN, F RECEIYE~ l~.Ir~/it ]~_.~.~-~-~"~, i]DA;RiBY ~: GOODLAT T E 210 IsT STREET, S. ~, SUITE ~OO '~7 ~FF~ ~ 2887 ~O~O1~, ~INIA 24001 ~ 540) 224- 8000 F~X (540) 2~-8050 MARYELLEN F. GOODLATTE Direct Dial (540) 224-8018 E-mail mgoodlatte~gfdg.com December 15, 1997 HAND DELIVERED Ms. Mary Parker Roanoke City Clerk Roanoke City Clerk's Office Municipal Building Roanoke, Virginia 24011 Re: ManorCare Health Services, Inc. / Elks Lodge Third Amended Petition Dear Mary: Enclosed for filing, please find an original Third Amended Petition for the above rezoning scheduled to be heard by Council tonight. By copy of this letter to Steve Talevi and John Marlles, I am forwarding them a copy of this amended petition for their file. They are both aware of its filing today. Please call me if you have any questions. Very truly yours, Maryellen F. Goodlatte MFG:lnh:3643000 Enclosure CC: ManorCare Health Services, Inc. w/enc. Mr. John R. Marlles w/enc. (HAND DELIVERED) Steven J. Talevi, Esq. w/enc. (HAND DELIVERED) RECE(¥ED Rezoning of a tract of land lying and being in the City of Roanoke, Virginia and briefly described as 3.628 acres of Acreage Tract, Persinger Road, 1147 Persinger Road, S. W., Roanoke, Virginia 24015, being a portion of Tax Map Number 1260214, from RS2 to RM2, such rezoning to be subject to certain conditions. THIRD AMENDED PETITION TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA: Petitioner MANORCARE HEALTH SERVICES, INC., a Delaware corporation, ("ManorCare") has contracted to purchase land in the City of Roanoke, Virginia, containing 3.19 acres, more or less, from Roanoke Lodge No. 197, Benevolent and Protective Order of Elks of the United States of America ("Elks") located along the northerly side of Persinger Road S.W., and being a part of Tax Map Number 1260214. The Elks tract of approximately 15.68 acres is currently zoned RS2. Petitioner Elks joins in this Petition to rezone approximately. 148 acres of its remaining property located at the intersection of Persinger Road and the driveway which will serve ManorCare and the Elks from RS2 to RM2 for the purpose of permitting ManorCare's sign to be placed on said tract. Without such rezoning, ManorCare would not be able to place its sign along the driveway off Persinger. A map of the 3.628 acre tract to be rezoned is attached as Exhibit A. Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, Petitioners request that the said property be rezoned from RS2 (Residential Single-Family District) to RM2 (Residential Multifamily Disthct), subject to certain conditions set forth below, for the purpose of constructing and operating a 56 bed, one-story, assisted living facility, residential in character, serving individuals with Alzheimer's disease and related memory disorders. The conceptual site plan Showing Proposed "Arden Courts" Assisted Living Facility prepared by T. P. Parker and Son dated September 3, 1997, attached hereto as Exhibit B, ("Site Plan"), describes the extehor configuration of this assisted living facility. The floor plan and narrative of Arden Courts attached hereto as Exhibit C describes the interior layout, the concept and design of this facility, as well as the experience of ManorCare in constructing and operating residential facilities such as the one proposed herein. The architectural elevations attached here to as Exhibit D ("Elevations") picture and describe the exterior of the proposed Arden Courts. Finally, the conceptual landscape plan prepared by Proctor Harvey & Associates attached hereto as Exhibit E ("Landscape Plan") depict the proposed landscaping for Arden Courts. Because this development will be a group care facility, as defined by the Roanoke City Code, ManorCare must also obtain a special exception pursuant to Section 36.1-560 of said Code. ManorCare believes the rezoning of the said tract of land will further the intent and purposes of the City's Zoning Ordinance and its Comprehensive Development Plan. It is an example of the type of diversity encouraged in the City's Comprehensive Development Plan. This particular development, with all its proffered conditions, provides an excellent 2 transition from neighboring single family and multi-family residential development to the institutional, non-residential uses of the adjacent remaining Elks property and Temple Emanuel. The Site Plan has been refined and modified as a result of many neighborhood meetings to incorporate the recommendations and suggestions of the affected community. Additionally, the City's Comprehensive Development Plan encourages the development of facilities which provide quality human services meeting the special needs of its elderly population in locations convenient to neighborhoods and residents. ManorCare hereby proffers and agrees that if the said tract is rezoned as requested, that the rezoning will be subject to, and that it will abide by, the following conditions: 1. That the property will be developed in substantial conformity with the Site Plan made by T. P. Parker & Son dated September 3, 1997, and attached to this petition as Exhibit B, subject to any changes required by the City during the Comprehensive Site Plan review. 2. That the facility will be one-story in height and will contain a maximum of 56 assisted living beds. 3. That the exterior of the building to be constructed on the property will be in substantial conformity with the Elevations prepared by Law Kingdon, and attached to this petition as Exhibit D, subject to any changes required by the City during the Comprehensive Site Plan. 4. That the property will be landscaped in substantial conformity with the Landscape Plan prepared by Proctor Harvey & Associates, attached to this petition as Exhibit E, subject to any changes required by the City during the Comprehensive Site Plan review. 5. That the Petitioner will not create a new access off Persinger Road, S.W., or Brambleton Avenue, S. W. but, by a Deed of Easement recorded in the Roanoke City Circuit Court Clerk's office, will share the existing access off'those roads onto the remaining property of Roanoke Lodge No. 197 Benevolent & Protective Order of Elks of USA. No commercial traffic (such as supply tracks) will be permitted to use the Persinger Road access but will be restricted to accessing the site from Brambleton Avenue. This limitation, however, will not prevent users of the facility, including its staff, visitors, volunteers, ministers, etc. from accessing the facility from Persinger Road. 6. That all exterior lighting will be directed towards the building and away from adjoining residential properties and shall meet all City requirements. 7. That, as shown on the Site Plan and the Landscape Plan, ManorCare will retain a 20 foot natural buffer yard along its eastem boundary line, which adjoins a residential neighborhood. 8. That ManorCare shall construct a storm water detention facility, with a capacity in excess of the City's current requirements, as shown on the Site Plan. 4 9. That the use of the property shall be limited to a group care facility licensed by the Commonwealth of Virginia as an Adult Care Residence dedicated to providing assisted living facilities which are residential in character; and 10. That approximately .29 acres of the property along Persinger Road will be donated and conveyed to the City for the purpose of widening Persinger Road. 11. That ManorCare will not expand its operations on any adjacent land. 12. For a period of fifteen (15) years from the closing of the sale of a portion of its property to ManorCare, the Elks agree that the current use of its property not sold to ManorCare will not change. Attached as Exhibit F are the names, addresses and tax numbers of the owners of all lots or properties immediately adjacent to, immediately across a street or road from the property to be rezoned. WHEREFORE, your Petitioners request that the above-described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. 5 1997. This Third Amended Petition is respectfully submitted this day of December, MANORCARE HEALTH SERVICES, INC., a Delaware corporation Maryellen F. Goodlatte, Esq. Glenn, Feldmann, Darby & Goodlatte P. O. Box 2887 Roanoke, Virginia 24001 (540) 224-8018 - Telephone (540) 224-8050 - Facsimile ROANOKE LODGE NO. 197, BENEVOLENT AND PROTECTIVE ORDER OF ELKS OF THE UNITED STATES OF AMERICA By: ~-')~ ff~. ~,~-~, Board of Trustees 1147 Persinger Road S.W. Roanoke, Virginia 24015 6 MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 November 20, 1997 File #51 SANDRA H. EAKIN Deputy City Clerk Maryellen F. Goodlatte, Attorney Glenn, Feldmann, Darby & Goodlatte P. O. Box 2887 Roanoke, Virginia 24001 Dear Ms. Goodlatte: Your request to continue the public headng on the petition of ManorCare Health Services, Inc., and Roanoke Lodge No. 197, Benevolent and Protective Order of Elks of the United States of America, that a tract of land described as 3.628-acres, 1147 Persinger Road, S. W., being a portion of Official Tax No. 1260214, be rezoned from RS-2, Residential Single Family District, to RM-2, Residential Multifamily, Medium Density District, subject to certain conditions proffered by the petitioners,was before the Council of the City of Roanoke at a regular meeting on Monday, November 17, 1997. On motion, duly seconded and unanimously adopted, Council continued the public hearing until Monday, December 15, 1997, at 7:00 p.m., or as soon thereafter as the matter may be heard in the City Council Chamber, Fourth Floor, Municipal Building, 215 Church Avenue, S. W., City of Roanoke. It will be necessary for you or your representative to be present. Failure to appear could result in a deferral of the public hearing until a later date. Sincerely, Mary F. Parker, CMCIAAE City Clerk H:'~AGENDA.9'I~IOV17.WPO Maryellen F. Goodlatte, Attorney November 20, 1997 Page 2 MFP:js pc: Trustees, Temple Emanuel, 1163 Persinger Road, S. W., Roanoke, Virginia 24015 Mr. Michael Dobbs, 2302 Rosalind Avenue, S. W.,Roanoke, Virginia 24014 Curtis L. and Azolea L. Rowland, 1140 Persinger Road, S. W., Roanoke, Virginia 24015 M. Douglas and Phyllis P. Newman, 1136 Persinger Road, S. W., Roanoke, Virginia 24015 James H. Andrews and Janice Sue A. Vanhorn, 1130 Persinger Road, S. W., Roanoke, Virginia 24015 Shirley Ann Reed Witt, 1126 Persinger Road, S. W., Roanoke, Virginia 24015 J. Thomas, Jr. and Leigh G. Meadows, 1114 Persinger Road, S. W., Roanoke, Virginia 24015 Nancy B. Jacobs, 2807 Bluefield Road, S. W., Roanoke, Virginia 24015 Louise R. and Martin L. Freese, Post Office Box 14061, Roanoke, Virginia 24038- 4061 Richard Gibbs and Ellen Lewis McGimsey, 2791 Bluefield Boulevard, S. W., Roanoke, Virginia 24015 Dr. Hans Marienfeldt and Ms. Larrissa I. Marienfeldt, 2785 Bluefield Boulevard, S. W., Roanoke, Virginia 24015 John D., Jr. and Thelma K. West, 2777 Bluefield Boulevard, S. W., Roanoke, Virginia 24015 John A. and Mary J. Gallagher, 2771 Bluefield Boulevard, S. W., Roanoke, Virginia 24015 Janet T. Ingram, 914 Gaymont Street, S. W., Roanoke, Virginia 24015 Ann C. Patterson, 930 Gaymont Street, S. W., Roanoke, Virginia 24015 F. Peter and Margaret C. Brandt, 927 Gaymont Street, S. W., Roanoke, Virginia 24015 Richard G. and Joan T. Via, 937 Carrington Avenue, S. W., Roanoke, Virginia 24015 Thomas D. and Mae Lee B. Miller, 1014 Oakwood Drive, S. W., Roanoke, Virginia 24015 Henry M. and Kimberly M. Caldwell, 1024 Oakwood Drive, S. W., Roanoke, Virginia 24015 H:~AGENDA.~'U~OVl 7.WPO Maryellen F. Goodlatte, Attorney November 20, 1997 Page 3 pc: L. Thompson and Jennifer S. Hanes, 1036 Oakwood Drive, S. W., Roanoke, Virginia 24015 William B. and Virginia G. Hopkins, 1102 Oakwood Drive, S. W., Roanoke, Virginia 24015 John R. and Helen J. Alba, 1110 Oakwood Drive, S. W., Roanoke, Virginia 24015 R. Francis and Hazel M. Sublette, 1120 Oakwood Drive, S. W., Roanoke, Virginia 24015 Ms. Jean B. Whitworth, 1204 Lakewood Drive, S. W., Roanoke, Virginia 24015 Mr. Leslie Thomas Lambert, 1250 Lakewood Drive, S. W., Roanoke, Virginia 24015 Ms. Margie R. Fisher, 1260 Lakewood Drive, S. W., Roanoke, Virginia 24015 Arthur J. and Betty J. Karides, 2151 Brambleton Avenue, S. W., Roanoke, Virginia 24015 Mr. Michael F. Urbanski, 2108 Mount Vernon Road, S. W., Roanoke, Virginia 24018 Mr. A. S. Brown, 2747 Thorndale Drive, S. W., Roanoke, Virginia 24018 Mr. B. J. Swecker, 1117 Oakwood Drive, $. W., Roanoke, Virginia 24018 Claude D. Carter, Attorney, 1401 Franklin Road, S. W., Roanoke, Virginia 24016 Ms. Louise Chagnon, 4424 Cresthill Drive, S. W., Roanoke, Virginia 24018 Steve and Emily Nelson, 4622 Grandin Road, S. W., Roanoke, Virginia 24015 Mr. Robert Shelor, 2215 Hunters Road, S. W., Roanoke, Virginia 24015 Mr. Charles G. Smith, 3406 Kim Court, S. W., Roanoke, Virginia 24018 Mr. David K. Lisk, 909 Carrington Avenue, S. W., Roanoke, Virginia 24015 Ms. Patricia Hellegas, 3905 Kentland Drive, S. W., Roanoke, Virginia 24018 Ms. Doris Fant, 3526 Robyn Road, S. W., Roanoke, Virginia 24015 Ms. Jo Ann Chafe, 5140 Canter Drive, Roanoke, Virginia 24018 Mr. James Green, 2619 Oregon Avenue, $. W., Roanoke, Virginia 24015 Ms. Ann Marie Wood, 3331 Colonial Avenue, S. W., Roanoke, Virginia 24018 W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney Steven J. Talevi, Assistant City Attorney John R. Marlles, Agent, City Planning Commission Martha P. Franklin, Secretary, City Planning Commission Evelyn D. Dorsey, Zoning Administrator Ronald H. Miller, Building Commissioner H:~AGENDA.gT~IOVIT.WI:~ VIRGINIA, RECEIVED CITY CLERKS '97 00T 28 P 1:02 Roanoke City Planning Commission November 17, 1997 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request from ManorCare Health Services, Inc., a Delaware corporation, represented by Maryellen F. Goodlatte, attorney, that a tract of land containing 3.628 acres, more or less, located at 1147 Persinger Road, S.W., and being a portion of Official Tax No. 1260214, be rezoned from RS-2, Residential Single Family District, to RM-2, Residential Multifamily, Medium Density District, such rezoning to be subject to certain conditions proffered by the petitioner. I. Background: Purpose of the requested rezoning is to construct a group care facility to provide residential care to individuals in the early to mid stages of Alzheimer's disease and related memory loss disorders. The proposed 3.628 acre parcel under consideration is part of a larger tract of approximately 15.68 acres owned by the Elks Lodge. Property was the subject of a Special Exception request which was approved by the Board of Zoning Appeals on October 14, 1971. Request was to allow for the construction of a private club or lodge and was approved without conditions (see attached letter from Evelyn Dorsey, Zoning Administrator). C. Conditional petition to rezone was filed on September 5, 1997. Neighborhood meetings were held on June 4, 1997 and September 23, 1997. Approximately 55 people attended the first meeting and 43 attended the second. The petitioners have also conducted numerous meetings with individual property owners, residents and City staff Concerns expressed by citizens at neighborhood meetings include: (1) potential for increased traffic on Persinger Road; (2) storm water management; (3) screening and buffering from adjacent single family residential neighborhood; (4) neighborhood compatibility; and (5) future development of Elks property. Room 162 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (540) 853-2344 Members of Council Page 2 Petition signed by 93 citizens objecting to rezoning any portion of the Elks Club property for any purpose other than single family dwellings was submitted on September 12, 1997, and is attached. Prior to the Planning Commission public hearing, two persons who had originally signed the petition objecting to the rezoning submitted letters withdrawing their opposition. II. Current Situation: Planning staff recommended approval of the request. Staff report noted that the proposed facility addresses several recommendations in the City's comprehensive plan, including: (1) providing appropriate housing services for individuals with special needs in a neighborhood setting; and (2) enabling Roanoke's elderly and disabled citizens to remain in their own homes or neighborhoods as long as possible. The petitioner has also made a substantial effort to address neighborhood issues and concerns to develop a facility which would be compatible with the surrounding neighborhood. Planning Commission public hearing was held on Wednesday, October 1, 1997. Maryellen Goodlatte, attorney for the petitioner, appeared before the Commission to summarize the rezoning request. Mike Urbanski, President of the Greater Raleigh Court Civic League addressed the Commission. Mr. Urbanski questioned the need for the facility and stated there were concerns with employee traffic, conformity with the City's comprehensive plan, impact on surrounding property values and with commercial development in a residential neighborhood. He noted that the civic league board had voted 9-0 to oppose the rezoning. The following citizens spoke in support of the request: Claude Carter representing the Elks Louise Chagnon, Roanoke Valley Alzheimer's Association Steve Nelson (4622 Grandin Road, SW) Elks Emily Nelson (4622 Grandin Road SW) Robert Shelor (2215 Hunters Road, SW) Elks Charles Smith (2406 Kim Court, SW), Elks David Lisk (909 Cardngton Avenue, SW) Dr. Marienfeldt (2785 Bluefield Boulevard, SW) The following citizens spoke in opposition to the request: Mike Urbanski (2108 Mount Vernon Road, SW) Tom Hanes (1036 Oakwood Drive, SW) F. P. Brandt (927 Gaymont Street, SW) Members of Council Page 3 A. S. Brown (2747 Thorndale, SW) Douglas Newman (1136 Persinger Road, SW) Phyllis Newman (1136 Persinger Road, SW) B. J. Swecker (1117 Oakwood Drive, SW) A detailed synopsis of comments is presented in the draf~ minutes of the Planning Commission meeting which are attached to this report. Second amended petition was filed on October 21, 1997. Conditions proffered are as follows: That the property will be developed in substantial conformity with the site plan made by T. P. Parker & Son dated September 3, 1997, and attached to this petition as Exhibit B, subject to any changes required by the City during the comprehensive plan review. ° That the facility will be one-story in height and will contain a maximum of 56 assisted living beds. That the exterior of the building to be constructed on the property will be in substantial conformity with the elevations prepared by Law Kingdon, and attached to this petition as Exhibit D, subject to any changes required by the City during the comprehensive site plan. ° That the property will be landscaped in substantial conformity with the landscape plan prepared by Proctor Harvey & Associates, attached to this petition as Exhibit E, subject to any changes required by the City during the comprehensive site plan review. That the petitioner will not create a new access offPersinger Road, S.W. or Brambleton Avenue, S.W., but, by a Deed of Easement recorded in the Roanoke City Circuit Court Clerk's office, will share the existing access off those roads onto the remaining property of Roanoke Lodge No. 197 Benevolent & Protective Order of Elks of USA. No commercial traffic (such as supply trucks) will be permitted to use the Persinger Road access but will be restricted to accessing the site from Brambleton Avenue. This limitation, however, will not prevent users of the facility, including its staff, visitors, volunteers, ministers, etc. from accessing the facility from Persinger Road. ° That all exterior lighting will be directed towards the building and away from adjoining residential properties and shall meet all City requirements. Members of Council Page 4 That, as shown on the site plan and landscape plan, ManorCare will provide a 20 foot natural buffer yard along its eastern boundary line, which adjoins a residential neighborhood. o That ManorCare shall construct a storm water detention facility, with a capacity in excess of the City's current requirements, as shown on the site plan. That the use of the property shall be limited to a group care facility licensed by the Commonwealth of Virginia as an Adult Care Residence dedicated to providing assisted living facilities which are residential in character; and 10. That approximately .29 acre of the property along Persinger Road will be donated and conveyed to the City for the purpose of widening Persinger Road. 11. That ManorCare will not expand its operations on any adjacent land. III. Issues: Zoning of the property is RS-2, Residential Single Family District. Zoning of adjacent properties is: RS-2 to the north, east and south across Persinger Road; and RS-1 to the west across Brambleton Avenue. Petitioner is requesting RM-2 zoning because of the density needs of the assisted living facility. Proposed developed will need a special exception from the Board of Zoning Appeals for a "group care facility." Bo Land use of the subject property is a tennis court and vacant land. Adjacent land uses are single family residential to the east and the south; a parking lot and temple to the west; vacant land and a fraternal lodge and swimming pool to the north. Utilities are available to the property. Storm water management is an issue to neighborhood residents. Proposed storm water detention facility has been located and designed to exceed City standards and to address existing storm water runoff problems. Traffic and access - Proffered site plan indicates that all visitor and staff traffic will gain access to the proposed site via the existing driveway currently providing access to the Elks property on Persinger Road. Commercial traffic to the subject property will access the site via the existing driveway to the Elks property on Brambleton Avenue. The City Traffic Engineer has determined that the projected traffic volume generated by the facility would not adversely impact traffic on Persinger Road. The Members of Council Page 5 future signalization of Overland Road at its intersection with Brambleton Avenue will also help reduce cut through existing traffic on Persinger Road Buffeting and $creenin_~ - Proffered site plan indicates that a 20' wooded buffer is to remain along the existing property line to serve as a buffer between the proposed facility and the single family residents fronting on Bluefield Boulevard. A 7' high board-on-board fence which will surround all courtyard areas on three sides of the facility will also serve to help screen the proposed structure. Differences in elevation also help serve to buffer the proposed facility from single family residences fronting on both Persinger Road and Bluefield Boulevard. Neighborhood compatibility is still an issue to surrounding residents and the neighborhood organization. Petitioner has made many modifications to the proffered site plan to address this issue including: (1) changing the orientation of the structure and parking area; (2) eliminating a separate driveway on Persinger Road and utilizing the existing driveway to the Elks property; (3) exceeding City requirements for screening and buffering; (4) using building materials which are characteristic of the surrounding neighborhood; and (5) utilizing decorative fencing to screen three sides of the proposed structure. Go Future development of Elks property is still an issue to surrounding residents and the neighborhood organization. Residents are concerned that approval of the subject rezoning will create a precedent for the future rezoning of the Elks property. In a letter dated September 16, 1997, addressed to the Planning Commission, Mr. Charles William Blackwell, Chairman, Board of Trustees, indicates that it is the intent of the Elks to use the proceeds from the sale of the subject property to make required improvements to the existing facility. Mr. Williams further stated that the Elks have no plans to sell any more property to ManorCare or anyone else. Neighborhood organization is the Greater Raleigh Court Civic League. Representatives from the cMc league have attended both neighborhood meetings and have met with the petitioner independently to discuss the proposed rezoning. On September 24, 1997, the civic league's board voted to unanimously oppose the proposed rezoning. Reasons for opposing the rezoning included concerns regarding employee traffic, conformity with the City's comprehensive plan, impact on property values, future development of the Elks property and the compatibility of the proposed facility with the surrounding neighborhood. I. Comprehensive plan recommends that: 1. Neighborhood character and environmental quality should be protected. Members of Council Page 6 Possible changes in land use or new public and private development in or near residential areas should be carefully evaluated and designed to conserve and enhance neighborhood quality. Appropriate housing services for individuals with special needs should be available in neighborhood settings through public and private efforts. Through a variety of public and private efforts, services should be made available to allow Roanoke's elderly and disabled citizens to remain in their own homes or neighborhoods as long as possible. IV. Alternatives: A. City Council deny the rezoning request. 1. Zoning of subject property remains RS-2. 2. Land use would be limited to those uses permitted in the RS-2 zone. Utilities would not be an issue. Existing storm water run-off problems would not be addressed. Traffic and tlc¢ess would not be an issue. Projected traffic volumes for permitted single family development under the existing RS-2 zoning considerably exceed projected traffic generated by the proposed group care facility. 5. Buffering and screening would not be an issue. 6. Neighborhood compatibility would not be an issue. 7. Future development of Elks property would still be an issue. 8. Comprehensive plan issues would not be addressed. B. City Council approve the rezoning request. Zoning of subject property becomes RM-2. Balance of Elks property remains RS-2. Property would be developed in accordance with the proffered development plan. Land use of the subject property becomes a group care facility which will provide residential care to individuals in the early to mid stages of Members of Council Page 7 Alzheimer's disease and related memory loss disorders. Land use of balance of Elks property remains a fraternal lodge and related facilities. Utilities for water, sewer and storm water can be provided. Existing storm water runoff problems would be addressed. Traffic and access issues have been substantially addressed by proffered site plan, proposed restrictions on commercial traffic and future improvements to the Overland Road and Brambleton Avenue interchange. The City Traffic Engineer has determined that the projected traffic volume generated by the facility would not adversely impact traffic on Persinger Road. Buffering and screening to protect adjacent residential development would be provided as a condition of the rezoning. Neighborhood compatibility issues identified by residents and neighborhood organization have been substantially addressed. Future development of Elks property. Concerns regarding the possible sale of additional land to ManorCare or anyone else have been addressed by representatives of the Elks Lodge. Any future non-residential development of the Elks property would require the Elks or any future property owner to go through the rezoning process requiring additional public hearings before the Planning Commission and City Council. 8. Comprehensive plan issues would be addressed. V. .Recommendation: The Planning Commission, by a vote of 3-3, (Messrs. Hill, Butler and Manetta voting for the petition and Messrs. Chrisman and Rife and Mrs. Duerk voting against the petition) recommended denial of the rezoning. Respectfully submitted, Gilbert E. Butler, Jr., Chairman Roanoke City Planning CommissiOn JRM:mpf attachments cc: Assistant City Attorney Attorney for the petitioner IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA Rezoning of a tract of land lying and being in the City of Roanoke, Virginia and briefly described as 3.628 acres of Acreage Tract, Persinger Road, 1147 Persinger Road, S. W., Roanoke, Virginia 24015, being a portion of Tax Map Number 1260214, from RS2 to RM2, such rezoning to be subject to certain conditions. SECOND AMENDED PETITION TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA: Petitioner MANORCARE HEALTH SERVICES, INC., a Delaware corporation, ("ManorCare") has contracted to purchase land in the City of Roanoke, Virginia, containing 3.19 acres, more or less, from Roanoke Lodge No. 197, Benevolent and Protective Order of Elks of the United States of America ("Elks Club") located along the northerly side of Persinger Road S.W., and being a part of Tax Map Number 1260214. The Elks Club tract of approximately 15.68 acres is currently zoned RS2. Petitioner Elks Club joins in this Petition to rezone approximately . 148 acres of its remaining property located at the intersection of Persinger Road and the driveway which will serve ManorCare and the Elks Club from RS2 to RM2 for the purpose of permitting ManorCare's sign to be placed on said tract. Without such rezoning, ManorCare would not be able to place its sign along the driveway off Persinger. A map of the 3.628 acre tract to be rezoned is attached as Exhibit A. Pursuant to Section 36.1-690. Code of the City of Roanoke (1979), as mended, Petitioners request that the said property be rezoned from RS2 (Residential Single- Family District) to RM2 (Residential Muitifamily District), subject to certain conditions set forth below, for the purpose of constructing and operating a 56 bed, one-story, assisted living facility, residential in character, serving individuals with Alzheimer's disease and related memory disorders. The conceptual site plan Showing Proposed "Arden Courts" Assisted Living Facility prepared by T. P. Parker and Son dated September 3, 1997, attached hereto as Exhibit B, ("Site Plan"), describes the exterior configuration of this assisted living facility. The floor plan and narrative of Arden Courts attached hereto as Exhibit C describes the interior layout, the concept and design of this facility, as well as the experience of ManorCare in constructing and operating residential facilities such as the one proposed herein. The architectural elevations attached here to as Exhibit D ("Elevations") picture and describe the exterior of the proposed Arden Courts. Finally, the conceptual landscape plan prepared by Proctor Harvey & Associates attached hereto as Exhibit E ("Landscape Plan") depict the proposed landscaping for Arden Courts. Because this development will be a group care facility, as defined by the Roanoke City Code, ManorCare must also obtain a special exception pursuant to Section 36.1-560 of said Code. ManorCare believes the rezonmg of the said tract of land will further the intent and purposes of the City's Zoning Ordinance and its Comprehensive Development 2 Plan. It is an example of the type of diversity encouraged in the City's Comprehensive Development Plan. This particular development, with all its proffered conditions, provides an excellent transition from neighboring single family and multi-family residential development to the institutional, non-residential uses of the adjacent remaining Elks Club property and Temple Emanuel. The Site Plan has been refined and modified as a result of many neighborhood meetings to incorporate the recommendations and suggestions of the affected community. Additionally, the City's Comprehensive Development Plan encourages the development of facilities which provide quality human services meeting the special needs of its elderly population in locations convenient to neighborhoods and residents. ManorCare hereby proffers and agrees that if the said tract is rezoned as requested, that the rezonmg will be subject to, and that it will abide by, the following conditions: 1. That the property will be developed in substantial conformity with the Site Plan made by T. P. Parker & Son dated September 3, 1997, and attached to this petition as Exhibit B, subject to any changes required by the City during the Comprehensive Site Plan review. 2. That the facility will be one-story in height and will contain a maximum of 56 assisted living beds. 3. That the exterior of the building to be constructed on the property will be in substantial conformity with the Elevations prepared by Law Kingdon, and attached to this petition as Exhibit D, subject to any changes required by the City during the Comprehensive Site Plan. That the property will be landscaped in substantial conformity with the Landscape Plan prepared by Proctor Harvey & Associates, attached to this petition as Exhibit E, subject to any changes required by the City during the Comprehensive Site Plan review. That the Petitioner will not create a new access off Persinger Road, S.W., or Brambleton Avenue, S. W. but, by a Deed of Easement recorded m the Roanoke City Circuit Court Clerk's office, will share the existing access off those roads onto the remaining property of Roanoke Lodge No. 197 Benevolent & Protective Order of Elks of USA. No commercial traffic (such as supply trucks) will be permitted to use the Persinger Road access but will be restricted to accessing the site from Brambleton Avenue. This limitation, however, will not prevent users of the facility, including its staff, visitors, volunteers, ministers, etc. from accessing the facility from Persinger Road. That all exterior lighting will be directed towards the building and away from adjoining residential properties and shall meet all City requirements. 4 7. That, as shown on the Site Plan and the Landscape Plan, ManorCare will retain a 20 foot natural buffer yard along its eastern boundary line, which adjoins a residential neighborhood. 8. That ManorCare shall construct a storm water detention facility, with a capacity in excess of the City's current requirements, as shown on the Site Plan. 9. That the use of the property shall be limited to a group care facility licensed by the Commonwealth of Virginia as an Adult Care Residence dedicated to providing assisted living facilities which are residential in character; and 10. That approximately .29 acres of the prOperty along Persinger Road will be donated and conveyed to the City for the purpose of widening Persmger Road. 11. That ManorCare will not expand its operations on any adjacent land. Attached as Exhibit F are the names, addresses and tax numbers of the owners of all lots or properties immediately adjacent to, immediately across a street or road fi.om the property to be rezoned. WHEREFORE, your Petitioners request that 'the above-described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. 5 This Amended Petition is respectfully submitted this 1st day of October, 1997. MANORCARE HEALTH SERVICES, INC.. a Delaware corporation Maryellen F. Goodlatte, Esq. Glenn, Feldmann, Darby & Goodlatte P. O. Box 2887 Roanoke, Virginia 24001 (540) 224-8018 - Telephone (540) 224-8050 - Facsimile ROANOKE LODGE NO. 197, BENEVOLENT AND PROTECTIVE ORDER OF ELKS OF THE UNITED STATES OF AMERICA Board of Trustees 1147 Persinger Road S.W. Roanoke, Virginia 24015 6 / / ARDEN COURTS PROJECT DESCRIPTION PHILOSOPHY OF CARE Arden Courts provides a reassuring, comforting and secure home-like environment in which residents with Alzheimer's disease and related disorders (ADRD) can experience improved quality of life. By providing a safe and supportive setting, Arden Courts will enable residents to exercise personal choice to the greatest extent possible, and to experience a sense of belonging. The comprehensive specialized services provided by well trained and compassionate staff will serve as a cornerstone of the program. Arden Courts is designed to maximize residents' independent functioning and well-being Scheduled programs and daily routines, including performing familiar household and day-to-day activities, will allow residents to maintain capabilities and enjoy social interaction. Orientation and way finding cues provided throughout the facility will enhance the residents' ability to move freely as well as their awareness of the physical environment. Opportunities to personalize residents' private living areas will create a sense of familiarity. Secured interior and exterior walkways and courtyard~ will provide a safe avenue for wandering and appreciating the outdoors. Ongoing family participation in facility functions and resident activities of daily living (where desired) will continuously guide staff in understanding and meeting the unique needs and preferences of residents. The proposed residence features: · Small scale, home-like physical design. · Secure, simple setting that maximizes orientation and way finding. · Balanced availability of private and communal spaces. · Opportunities for freedom of expression, movement and change in the physical and social environment. · Individualized care with an emphasis on the whole person and supporting functional abilities. · Normalized daily routines and scheduled recreational and therapeutic programs with purpose and meaning. · Supportive, enabling, and caring staff who are specially trained. · Opportunity for families to be involved in the resident's day-to-day activities of daily living and programs to the extent desired. SERVICE PRINCIPLES Arden Courts will operate under the following service principles: · The dignity of the resident will be maintained at all times. · The resident's independence within the confines of the complex will be maximized. · Each resident will be encouraged to express their individuality. · The facility will provide a safe and secure environment for the resident. · The furnishings and decor will be comfortable and home-like in appearance. · The resident will have a strong sense of belonging in the facility. H:\E UDORAWCBIGNAR.DOT 9/2./97 · The program will encourage family involvement with the resident's care J~nd the program. APPROACH The overall approach to the Arden Courts concept integrates the staff, programming, environmental design elements, and a detailed resident assessment and service plan. Staffinq All Arden Courts staff will undergo a specialized training program which was developed by Manor Care experts and outside consultants. The training will incorporate the following components: · Understanding of ADRD. · Behavioral and communication techniques with residents. · Effective problem solving in the facility. · Teamwork and promoting positive staff relationships. · Ability to effectively intervene with families. · Importance of maintaining activities of daily living. · Need for different meal preparation, presentation, and assessment for residents with ADRD. · Understanding of programming activities and implementation of a diversity of techniques. · Importance of providing spiritual services and support to meet the needs of residents and families. · Techniques for effective stress management. The program will be centered around a social model, designed to maximize residents' independent functioning and well-being. The majority of services will be provided by the Resident Caregivers assigned to each of the four houses. These individuals will be supported by the Resident Services Coordinator (a registered nurse) and by the Resident Services Supervisor (a licensed practical nurse) who will be responsible for the limited nursing and clinical needs of the residents. Housekeeping, maintenance, and dietary staff will provide the respective support services. Activity specialists will provide a full range of structured activities. The staffing pattern for Arden Courts is attached. Pro¢iramminq Professionals caring for people with ADRD theorize that the loss of tasks and roles diminishes resident identity. For ADRD individuals who have lost almost all of the abitity to plan, initiate, or carry out activities, much of the day is filled with failures, mistakes, obstacles, emptiness, and vacant time. Pacing, fiddling, and repetitious questions may be an effort to fill the void. Arden Courts' programming focuses on providing activities that restore a sense of self and a sense of self-worth to these individuals. The most effective activities for people with ADRD are those that replace the tasks that have been lost, that support positive roles, and that make success possible. Activities should be simple and failure-free and help .to reinforce the resident's self-esteem while relieving boredom and frustration at the same time. Staff will facilitate resident interactions, with the goal of helping residents to become more confident, happy, and relaxed, and behave in more socially appropriate ways. The ultimate goal is to improve their quality of life. H:~EUDO RA~ACBIGNAR.DOT 9t2J97 The Arden Courts program will include those activities that have been found to be most successful in working with ADRD individuals. These activities will: · Take advantage of old skills. · Offer social interaction (e.g., sing alongs, pets, visits from community members--especially children). · Allow considerable physical activity (e.g., exercise, active games, walks, outings). · Support cognitive functions (e.g., reality orientation, reminiscence and listening to music). Activities in Arden Courts will take place in the Community Room, Craft Room, and in the individual house living rooms, dining rooms, and pantries. These numerous spaces Will allow for multiple programming used to decrease group size and accommodate different levels of functioning. There will be a wide variety of activities planned and supervised by trained professionals. These activities will fall into the following major categories: · Music · Physical Exercise · Food Preparation · Crafts · Gardening · Solo Activities · Family Games · Reminiscence Reli_qious Proqram Arden Courts will strive to address the needs of the whole person including their physical, mental, social, and spiritual needs. When memory deteriorates, the spiritual component is often the part that is most actively retained. Opportunities will be provided for the residents to continue to practice their religious preferences. A professionally trained Chaplain, who is skilled in working with individuals with ADRD, will coordinate the religious programs in the facility. The Chaplain will be responsible for the following: · Recruitment of local churches/synagogues to be involved in the facility's program. · Coordination of religious services that best meet the religious backgrounds of the resident population. · Training of outside clergy on how to pastor to a resident with ADRD. · Promotion of the concept of holistic care by enhancing teamwork among staff. · Helping staff become creative, dedicated caregivers. Typical Daily Schedule A typical day will have the following schedule: H:~EUDORA~.C BIGNAR.DOT 9/2/97 7:00 - 9:30 A.M. 9:30 - 11:30 A.M. 11:30 - 2:30 P.M. 2:30 - 4:30 P.M. 4:30 - 7:00 P.M. 7:00 - 8:00 P.M. 8:00 P.M. on Each house-wake up; breakfast (including set-up, preparation, serving, clean-up); life skills (including: bathing, grooming, dressing, making beds, light housekeeping in room, etc.). Scheduled activities-whole facility. Return to houses; lunch (including: set-up, preparation, serving, clean-up); life skills (including: grooming, personal laundry, light housekeeping in room, etc.) quiet time/rest. Scheduled activities-whole facility. Return to house; dinner (including: set-up, preparation, serving, clean-up); life skills; quiet time/rest. Scheduled activities in each house. Personal time; life skills; bed. Environmental Design Elements Critical features of the physical design include (1) small-scale residential clusters or "houses", (2) non- institutional, non-medical setting, (3) strong relationship of indoor and outdoor spaces, (4) opportunities for safe wandering, which engages residents in activities, and (5) a variety of cueing features. In designing the environment, there were several considerations, including: Visual Cuein.q-The plan of the residence will be simplified for easy understanding and contains interior circulation for walking and exercise. To help with orientation, the interiors will include visual communication of entrances and destinations, with landmarks for way finding assistance. Promote Safety-The residence will give residents the independence to wander inside and outside safely without the feeling of being confined. However, the perimeter will be protected such that the resident will not be able to wander off the site unattended. Since residents lose the ability to recognize hazards, safety devices will be installed on all kitchen appliances. Facilitate Social Interactions and Privacy-The facility will have multiple spaces for social interactions and activities. Private areas will also be available where families can interact with residents, or residents can simply be alone. The rights of privacy, freedom, and autonomy will be enhanced in the environment. Outdoor Areas-The residence will provide easy, safe access to visible outdoor areas and have a secured perimeter to control egress. Paths for walking will be thoughtfully planned to be safe and interesting, promoting peaceful activities, e.g., bird watching, gardening and contact with nature. Reflect Individuality of Residents-Residents will be encouraged to bring personal items (e.g., pictures knickknacks, and furnishings) of interest and meaning in their individual private living space. A personal display case will be available outside each resident's room. Not only will this allow the residents to express their individuality, it will also assist them in finding their room. Continuity with the H:~EUDORA~CAIGNAR.DOT 9/2/97 residents' past life can be suplsorted through personal possessions and opportunities to engage in familiar and well practiced activities (e.g., kitchen chores, gardening, and crafts). Sensory Cues-Distractions in the environment (e.g., noise and glare) can exacerbate the symptoms of ADRD (e.g., confusion, agitation, and wandering). The elimination of noxious and distracting stimuli facilitates concentration and reduces agitation. Arden Courts design elements will reflect the concerns in the following way: Li.qhtin.q-The lighting will be even illumination at appropriate levels. Bright, unshielded light sources and glare will be minimized. Noise-Appropriate use of carpeting, wall covering, and ceiling materials will reduce background noise. · Color/Decor-Confusing patterns will be avoided. The use of contrast to distinguish doors, windows, etc. will be incorporated. Supervision-Exits which are not accessible by residents will be camouflaged and will be secured with a magnetic closure which will release in the case of fire. Visibility of indoor and outdoor areas by staff will facilitate unobtrusive monitoring of residents. Assessment An integral component of Arden Courts is the Service Management System. This is a detailed assessment of the needs and wants of the resident and the responsible family member. Resident assessments will be completed prior to admission and will updated quarterly or as needs change. The Arden Courts assessment is tailored after research that has been completed in assisted living facilities in Oregon, components of which have been incorporated into state regulations for assisted living facilities. The assessment will include the following major categories: · Health Monitoring · Health Supplies/Services · Medical Care · Medication · Bowel Management · Urination · Night Time Preparation · Personal Hygiene · Bathing · Dressing. · Ambulation Services · Dietary/Food Preparation · Eating · Orientation · Communication · Counseling for Resident and/or Family · Behavior Management · Socialization and Activities · Safety · Housekeeping Services · Laundry Services · Maintenance Services · Transportation · Business Management · Special Personal Services Services H:~EUDORAVt, C ~IGNAR.DOT 9/2./97 An outgrowth of the assessment will be the development of an individual service plan and agreement that will be updated as a resident's needs change. This plan will specify what services are to be provided, how often they are to be provided, and who will provide each service. Family caregivers will be encouraged to actively participate in the service plan. For example, a family caregiver may chose to do personal laundry. The categories of services included in the plan will include: · Ongoing clinical and social assessments and monitoring. · Arranging for health services and supplies. · Limited professional nursing for intermittent needs. · Assistance with activities of daily living (e.g., personal care, bathing, personal hygiene, toileting, dressing, grooming, eating, and getting ready for bed). · Counseling for resident and/or family. · Behavior management, communication, and orientation. · Structured daily routines involving residents in familiar household and day-to-day activities, (e.g., setting table, folding laundry, and gardening). · Scheduled recreational and therapeutic programs. · Family style meals. · Housekeeping, laundry, and maintenance. · Business management. · Arranging transportation · Special personal services (as requested). Arden Courts will provide a comprehensive program of services to meet the needs of individuals with ADRD. The ancillary and supporting services provided will meet or exceed licensing requirements for assisted living facilities. In addition to facility staff, Arden Courts will be supported by a full range of consultants who will be on contract with the facility to provide needed services. These consultants include: · Occupational Therapist · Physical Therapist · Speech Therapist · Advisory Physician · Geriatric Psychiatrist · Clinical Psychologist · Clinical Social Worker · Registered Dietitian · Pharmacy Consultant · Dentist · Podiatrist, and · Ophthalmologist H:~EUDORA~C~IGNAR.DOT 9~2/97 ARDEN COURTS TYPICAL DALLY STAFFING POSITION Administration Director Administrative Services Coordinator Administrative Services Assistant Full-Time Day Shift Equivalent 7:00 am- 3:00 pm 1.0 FTE 1 * 1.0 FTE 1 * 0.4 FTE n/a Eveninq Shift 3:00 pm - 11:00 pm 0 0 Night Shift 11:00 pm - 7:00 am 0 0 n/a Marketing Coordinator Program Services Program Services Coordinator Program Services Assistant Food Service Food Service Coordinator Cook Food Service Assistant Buildinq Services Building Services Coordinator. Housekeeper Resident Services Resident Services Coordinator (RN) Resident Services Supervisor (LPN) Senior Resident Caregiver Resident Caregivers TOTAL 1.0 FTE 1 * 1.0 FTE 1" 1.4 FTE 1 * 1.0 FTE 1 * 1.0 FTE 0 O.7 FTE 0 1.0 FTE 1 1.4 FTE 1 1.0 FTE 1 * 2.1 FTE 1 1.4 FTE 0 25.2 FTE 8 4O.6 FTE 18 0 0 0 1 1 0 0 0 1 0 6 10 0 0 0 0 0 0 0 0 0 1 4 5 H:~EUDORA~,C ~IGNAR.DOT 9r2/97 NOTE: The work hours for positions marked by an asterisk typically overlap the day and evening shifts. H:\EUDORA~AC~IGNAR.DOT 9~'2./97 ARDEN COURTS PROPOSED SECURITY OVERALL SECURITY CONCERNS: · Outside Intrusion · Securing Residents at Night/Inclement Weather · Front Entrance - Free Access During Day · - Keypad access when receptionist leaves (approx. 6:00 P.M.) until 11:00 P.M. · Access to the building between 11:00 P.M. and 7:30 A.M. by doorbell/intercom; staff must clear and admit visitors. · Lockable Exterior Doors and Some Interior Doors KEYPAD: Controlled access doors; doors deactivate (fail safe) upon activation of fire alarm. DEACTIVATOR BUTTON: Push button for quick exit; no code or keypad required. PANEL/TIMER BOX: Installed in the caregiveCs station and laundry room of each of the four houses; monitors when residents enter or exit the house during the evening and night hours. NO LOCK/NOTIFIES CAREGIVER: Applies to doors which are monitored by caregivers during the night and evening shift. MAGNETIC LOCKS/ON TIMER: Doors are free flow to the courtyards during the day; locked in the evening and in inclement weather fcr the protection of the residents; doors deactivate upon activation of fire alarm as a fail safe mechanism. H:~EUOORA'~CI~IGNAR.DOT 9/2/97 Z ADJOINING PROPERTY OWNEI~q Tax Map Number: 1260214 ROANOKE LODGE NO, 197 BENEVOLENT PROTECTIVE ORDER OF ELKS OF USA 1145 Persinger Road, S. W. Roanoke, Virginia 24015 Tax Map Number: 1260217 TRUSTEES, TEMPLE EMANUEL 1163 Persinger Road, S. W. Roanoke, Virginia 24015 Tax Map Number: 1260215 TRUSTEES, TEMPLE EMANUEL 1163 Persinger Road, S. W. Roanoke, Virginia 24015 Tax Map Number: MICHAEL DOBBS 2411 Maiden Lane, S. W. Roanoke, Virginia 24015 1360223 Tax Map Number: 1360205 CURTIS L. ROWLAND AZOLEA L. ROWLAND 1140 Persinger Road, S. W. Roanoke, Virginia 24015 Tax Map Number: 1360206 M. DOUGLAS NEWMAN PHYLLIS P. NEWMAN 1136 Persinger Road, S. W. Roanoke, Virginia 24015 Tax Map Number: 1260402 LARRISSA I. MARTENI~.I.DT 2785 Bluefield Blvd., S. W. Roanoke, Virginia 24015 Tax Map Number: 1260403 JOHN D. WEST, .IR. THELMA K. WEST 2777 Bluefield Blvd., $. W. Roanoke, Virginia 24015 Tax Map Number: 1260404 JOHN A. GALLAGHER MARY J. GALLAGHER 2771 Bluefield Blvd., S. W. Roanoke, Virginia Tax Map Number: JANET T. INGRAM 930 Gaymont Street, S. W. Roanoke, Virginia 24015 1260407 Tax Map Number: 1260506 F. PETER BRANDT MARGARET C. BRANDT 927 Gaymont Street, $. W. Roanoke, Virginia 24015 Tax Map Number: 1260501 RI~ G. VIA .lOAN T. VIA 937 Carrington Avenue, S. W. Roanoke, Virginia 24015 Tax Map Number: 1260208 THOMAS D. MII.LER MAE LEE B. MH.I.ER 1014 Oakwood Drive, S. W. Roanoke, Virginia 24015 Tax Map Number: 1260207 HENRy M, CALDWELL KIMBERLY M. CALDWELI, 1024 Oalavood Drive, S. W. Roanoke, V/rginia 24015 Tax Map Number: 1260206 L. THOMPSON HANES JENNIFER S. HANES 1036 Oakwood Drive, S. W. Roanoke, Virginia 24015 Tax Map Number: 1260205 WILLIAM B. HOPKINS VIRGINIA G. HOPKINS 1102 Oakwood Drive, S. W. Roanoke, Virginia 24015 Tax Map Number: 1260204 .IOBN R. ALBA HELEN J. ALBA 1110 Oakwood Drive, S. W. Roanoke, Virginia 24015 Tax Map Number: 1260203 1260202 1260201 R. FRANCIS SUBLF. TI~. HAZEL M. SUBLETYE 1120 Oakwood Drive, $. W. Roanoke, Virginia 24015 Tax Map Number: 1351303 .IEAN B. WHITWORTH 1204 Lakewood Drive, S. W. Roanoke, Virginia 24015 Tax Map Number: 1351304 LESLIE THOMAS LAMBERT 1250 Lakewood Drive, S. W. Roanoke, Virginia 24015 Tax Map Number: 1360209 .lAMES H. ANDREWS (Life Estate) 1130 Persinger Road, S. W. Roanoke, Virginia 24015 .IANICE SUE ANDREWS VANHORN (Fee Simple Owner) 2710 Laburnum Avenue, S. W. Roanoke, Virginia 24017 Tax Map Number: 1360210 SHIRLEY ANN REED WI'Iq' 1126 Persinger Road, S. W. Roanoke, Virginia 24015 Tax Map Number: 1360219 J. TItOMAS MEADOWS..IR- LEIGIt G. MEADOWS 1114 Persinger Road, S. W. Roanoke, Virginia 24015 Tax Map Number: 1360204 J. THOMAS MEADOWS, .IR. LEIGFI G. MEADOWS 1114 Persinger Road, S. W. Roanoke, Virginia 24015 Tax Map Number: 1360220 NANCY B. JACOBS 2807 Bluefield Road, S. W. Roanoke, Virginia 24015 Tax Map Number: 1280117 LOUISE R. FREESE MARTIN L. FREESE 1060 Persinger Road, S. W. Roanoke, Virginia 24015 Tax Map Number: 1260401 RICHARD GIBBS MCGIMSEY ELLEN LEWIS MCGIMSEY 2791 Bluefield Blvd., S. W. Roanoke, Virginia 24015 Tax Map Number: 1351326 MARGIn R. FISHER Brambleton Avenue, $. W. (Mailing Address: 1260 Lakewood Drive, $. W.) Roanoke, Virginia 24015 Tax Map Number: 1351325 1351315 ARTHUR J. KARIDES BETI'Y J. KARIDE$ Brambleton Avenue, S. W. (Mailing Address: 2151 Brambleton Avenue, S. W.) Roanoke, Virginia 24015 Department of Planning and Community Development Zoning Division October 17, 1997 Mrs. Marydlen F. Goodlatte, Esquire Cdenn, Feldmann, Darby & GoodlaRe 210 Fh'st Street, S. W., Suite 200 Post Office Box 2887 Roanoke, V'u'ginia 24001 Dear Mrs. Goodlatte: Board of Zoning Appeals Case # 77-71-A for property identified as Official Tax Map No. 1260214, also known as the Elks Lodge on Brambleton Avenue, S.W. In response to our telephone conversation held earlier today regarding the above referenced property, the following information and opinion is }m'eby provided. On October 14, 1971, The Roanoke City Board of Zoning Appeals granted a special exception to permit the construction of a private club or lodge on the subject property. In my review of the official file and record of this mcetin8 and the subseque~ Order of the Board of Zoning Appeals, these documents do not contain ~ co~_'__~om ' _mmosed by the Board as oart of their approval of the reau~'. Therefore, there are no conditions of approval to be enforced nor n~sconstmed to be applicable t~ the further development or redevelopment of this property. I hope this information as provided will meet your needs; if further information is required, please do not hesitate to contact me at your earliezt convenience. ~.~ncerely, O. /I City Planner EDD:Imc cc: John R. Marries, Agent to the Roanoke City Planning Commission Roanoke City Planning Commission October 1, 1997 Page 5 Mr. Chrisman stated that previously Mr. Logan had proffered hours of operation on some of the uses. He asked if Mr. Logan was will to proffer hours of operation on the drug store and laundromat. Mr. Logan said he had no problem with that and after discussion among the Commission, the petitioner and the Assistant City Attorney, it was agreed that the hours of operation for the service and retail establishments would be from 6 a.m. to 9 p.m. Mr. Marlles gave the staff report. He said that Mr. Logan had appeared before the Commission a number of times and that his most recent request was to add a few additional uses to the list of proffered uses. Mr. Maffies said that staff had no problem with the request and that Mr. Logan had complied with all other proffers. He said that staff was recommending approval. Mr. Butler asked for comments from the audience. There being none, he asked for a roll call vote on the petition. The request was approved by a roll call vote as follows: Mr. Chrisman - yes Mr. Hill - yes Mrs. Duerk - yes Mr. Butler - yes Mr. Manetta - yes Mr. Rife - yes Request from ManorCare Health Services. Inc.. a Delaware corn_ oration, represented by Mary_ellen F. Goodlatte. Attorney. that a tract of land containing 3.628 acres, more Qr less located at 1147 Persinger Road. S,W., and being a porti0n 0fOffiqiitl Tax NO, 1260214, be, rezoned from RS-2. Residential Sin_vie Family Distri~, to RM-2, Residential Multifamily. Medium Densi _ty District, such rezoning to be subject to certain conditions proffered by ~he, petitioner. Mrs. Maryellen Goodlatte, attorney, appeared before the Commission and stated she was representing ManorCare. She noted that the closest ManorCare was in Richmond and she proceeded to tell the Commission about ManorCare, noting that ManorCare owned and operated over 200 nursing centers and assisted living residences in 29 states across the country. She said that ManorCare was one of the largest long-term care providers in the United States and its stock had been publicly traded since 1969. She said that ManorCare had provided care to the elderly since 1959. Mrs. Goodlatte said that ManorCare owned and developed their own facilities and that the facilities they developed in 1959 were still being operated today as a ManorCare facility. She said that since 1985 ManorCare had been providing specialized Alzheimer's services. She said that in 1993, ManorCare began to develop and operate Arden Court, and there are currently 12 Arden Courts operating in the Country, with the most recent one just opening in Fairfax County. She said that Arden Court was designed for a very specific group of people who were in the early to mid Roanoke City Planning Commission October 1, 1997 Page 6 stages of Alzheimer's disease and related memory loss disorders. She said that Arden Court functions as a residential care giving alternative for the time when home care or other alternatives are not possible, and when skilled nursing care are not necessary. She said that Arden Courts provide small scale, non-institutional and non-medical settings, which according to experts and providers, is the preferred environment for persons in the early to mid stages of Alzheimer's. Mrs. Goodlatte said that Arden Court was not a nursing home, was not medical, was not institutional and was not licensed as a nursing home, but will be licensed by the Commonwealth of Virginia as an adult care residence. Mrs. Goodlatte said that Arden Court was not built to nursing home standards, with six foot wide corridors (which are two feet narrower than nursing homes). She said that the small scale structures were one story high, designed in four houses. Mrs. Goodlatte referred to the site plan and pointed out how the four homes were set out. She said there was a proffer that there would be a maximum of 56 residents in Arden Court. She said there were a number of rooms including activity/craft rooms, parlors, fitness rooms, beauty and barber shops, as well as individual sections and homes. She presented photographs of the interiors of Arden Court resident's homes. In referring to the site plan, Mrs. Goodlatte said that there would be a seven foot fence surrounding the facility, which would give the area a co~d feel. She said the fence would be board on board, with an additional foot of decorative lattice on the top, for a total of eight feet in height. She said the fence would provide privacy for the residents and freedom for them to have outside activities, while serving as a screen for neighborhoods. She said that the purpose of Arden Courts was to provide a home-like environment which would'improve the residents' quality of life by maximizing their ability to function independently in a safe environment. She said there was a pressing, unmet need for assisted living beds in the Roanoke Valley geared toward meeting the special needs of the elderly with Alzheimer's. Mrs. Goodlatte said that Roanoke had an older than average population with 16% people over age 65 and 14.8% of the elderly being over 85 years of age. She also noted that it was estimated that over 12,500 families in the valley were affected by Alzheimer's. She said that at present there was no facility like Arden Courts in Roanoke, however, there were 30 beds in Bedford and two facilities under construction in Salem. Mrs. Goodlatte said that even including those two residences not yet open, there were only 134 Alzheimer's assisted living beds available. She said that Arden Courts would meet a part of the need for beds. Mrs. Goodlatte said that eldercare providers agreed that there was a strong unmet need for the type of assisted living services that could be provided for by Arden Courts along Persinger Road. She presented copies of letters from many health care providers active in the area who could not be present at the Commission meeting because of other commitments. Mrs. Goodlatte said that many people had asked the question, "why here?" She said that the site had been selected because it enhanced the very residential site of Arden Courts. She said that the site fit the use and likewise the use fit the site. She said this was a very good transition between non- residential uses already there (i.e., Temple Emmanuel and the Elks Lodge) and the single family homes. She said that it also met a significant need of the neighborhood, i.e., the Elks club. She said that by selling three acres off of their 15 acre tract, the Elks would generate sufficient fimds to do Roanoke City Planning Commission October 1, 1997 - Page 7 the sorts of major repairs that are needed on their facility; i.e., repair of roof, repairs to heating/air conditioning system, major pool upgrades, etc., and they would be able to stay in the neighborhood. She said that the entire Elks tract was put on the market in July, 1995, however, they have now written to the Commission and given a commitment that they will stay in the neighborhood and take the money from the sale of the three acres to upgrade their facility. Referring to the City's comprehensive plan, Mrs. Goodlatte said that the plan recommended that appropriate housing services for individuals with special needs should be available in neighborhood settings and services should be made available to allow Roanoke's elderly and disabled citizens to remain in their own homes or neighborhoods as long as possible. Mrs. Goodlatte also discussed the location of the proposed facility, noting that it was the southeast portion of the Elks property. She said the finished floor elevation of Arden Courts would be the same as elevation as the existing tennis court, under the grade of Persinger Road. She said the front of the building would face Elks property, be one story high, about 25,000 square feet. She said that the standard exterior treatment for ManorCare facilities was vinyl siding, however, brick would be used on the front face of the Roanoke structures for a better blend in the neighborhood. She also stated that the fencing would have the "good side" on both the Arden Courts and the neighborhood sides. Mrs. Goodlatte further stated that the plan had changed a lot over its development. She said there had been over 28 meetings with neighbors and all kinds of groups and that lots of things had been changed by ManorCare to accommodate the concerns of the neighbors. She said the neighbors did not want to face a long building, with a parking lot, that fronted on Persinger Road, so the building was turned 90 degrees so it faced across the Elks property. She said the change minimized the view, the presence of the building and the parking lot from Persinger Road. Mrs. Goodlatte further stated that three adjoining property owners on Bluefield Boulevard, whose rear property line borders the ManorCare property had concerns about the distance between their home and the subject property. She said that changes had now been made and the buildings had been moved, making them no closer than 119 feet from the back property line, which was double the distance between the ManorCare building and their rear property line. She said that some of these neighbors had originally signed a petition in opposition to rezoning from single family, but now supported the ManorCare proposal. Mrs. Goodlatte also noted that neighbors did not want an additional entrance onto Persinger Road. She said that the separate driveway entrance had been eliminated and it had been arranged to use the two existing private driveways into the Elks property. She said that the low amount of traffic generated by the facility would be split onto both Persinger and Brambleton instead of just on Persinger. She also said that it was important to note that the proposed assisted living facility generated significantly less traffic than single family homes on a unit to unit basis and that accordingly to traffic studies and engineers, the assisted living facility generated less traffic by a Roanoke City Planning Commission October 1, 1997 Page 8 margin of 5 to 1 or 1.72 trips per unit as compared to 9.55 trips per unit for single family homes. She also noted that the traffic to and from the facility was generated during non-peak hours. Mrs. Goodlatte also noted that the neighbors were concerned about tracks and other commercial traffic and it had been agreed to restrict commercial traffic to Brambleton Avenue. She said that the Elks had also been encouraged to limit their commercial traffic to Brambleton Avenue. Mrs. Goodlatte also reported that she had been in contact with the City about banning truck traffic on Persinger Road and she had received confirmation that "no through truck" signs would be installed. Mrs. Goodlatte also mentioned that plans for signalization of Overland Road were also being finalized. She said that all of these improvements should help to relieve pressure on Persinger Road. Relative to drainage, Mrs. Goodlatte said that neighbors did not want storm water from the proposed residence to runoff on to their property and the storm water detention basin had been designed to catch runoff from the ManorCare site and pipe it directly to the City's storm water system. She ~ stated that neighbors had asked ManorCare if they would be willing to help with the existing storm water problems which caused flooded backyards and basements during bad storms and ManorCare had agreed to design the oversized detention pond to catch the runoff from the remaining Elks property, which should reduce runoff in the neighborhood. Mrs. Goodlatte said that Frank Caldwell with T. P. Parker and Son was present and had done the engineering work if there were questions. She further stated that the proposed storm water detention facilities exceeded City requirements, was a dry detention basin and would be fenced. Mrs. Goodlatte said that neighbors behind the proposed residence did not want to see the facility, so the facility had been designed so that the maximum exposure the neighbors would have will be part of an attractive wood fence and the top of the residence's roof line. She said there was about a 10 foot difference in elevation between the Bluefield residences and the top of the detention basin. She said the neighbors had asked that the storm water detention facility be fenced and ManorCare had agreed to that. Mrs. Goodlatte said that neighbors did not want to lose the woods that border the Elks property and ManorCare had agreed to retain a 20 foot buffer of woods and will add plantings to the woods as needed as part of the landscape plan. She said that Proctor Harvey, a landscape architect was present and would discuss the landscape plan. Mrs. Goodlatte said that ManorCare was providing a lot of proffered conditions in order to be very specific. She said that ManorCare was continuing to add conditions to the request, such as elevations and a landscape plan, in order to make the request very specific. She said that this request was not just a blanket rezoning, but a very specific one. She said that the City looked at rezoning requests on a case-by-case basis and she was aware of the concerns expressed about the impact of this rezoning on other properties. She noted, however, that ManorCare had done everything it could to restrictively rezone the property. She said it was a very narrow conditional rezoning with the Roanoke City Planning Commission October 1, 1997 Page 9 residential context. She said that it was not a commercial rezoning, but a rezoning from one residential zone to another. Mrs. Goodlatte said that she was aware that the City had received calls from Greater Raleigh Court Civic League who opposes the rezoning. She said that ManorCare had met many times with members of the civic league's board, members and officers. She said that she would not be truthful if she failed to say that ManorCare wasn't disappointed in the decision of the Raleigh Court Civic League. She said that with the many changes that had been made with the input of the neighbors, ManorCare felt that the project was neighborhood ~endly. She said that when Raleigh Court shared their reasons for opposing the rezoning, it was clear that the Board felt that ManorCare had addressed every concern the neighbors had raised, but the real reason for opposing ManorCare was primarily related to the Elks. Mrs. Goodlatte said that the Elks had been issued a special exception in 1971, and according to some, there were conditions on the special exception that there would he no commercial development on the property. Mrs. Goodlatte said that she had reviewed the special exception and there were no conditions on the special exception issued in 1971. She further stated that ManorCare was not asking for a commercial rezoning, but was rezoning from one residential zone to another residential zone. Mrs. Goodlatte further stated that the civic league was also concerned about the future plans of the Elks. She said that the Elks had written the Commission a letter stating that they were not going to move and if the rezoning was approved, they wanted to stay. She also noted that Mr. Claude Carter, attorney for the Elks, was present today to speak to the issue. Mrs. Goodlatte said that in the arena of fear and speculation, ManorCare had addressed every concern presented to them. She said that one fear was that ManorCare would expand, however, she said that ManorCare had no intention of expanding its facility. She said that in order to put to rest that fear, ManorCare had made a commitment to their intention not to expand. She presented a proffer to the Commission that stated that ManorCare would not expand the facility on any adjacent land. Mrs. Goodlatte said it was very important to ManorCare that they be a good neighbor. She said that the Commission would hear from folks who were not happy about ManorCare, there were also many who signed the petition originally opposing it who have changed their minds based on very specific site changes. She said that a lot of the folks in support could not attend, and some of those from Temple Emmanuel, who could not attend the meeting because of Rosh Hashanah had sent a letter in support of ManorCare's request. Mrs. Goodlatte said that Vivian Thomas, administrator of the ManorCare facility in Richmond was present. She said that Ms. Thomas had been with ManorCare since 1968 and had just been named Administrator of Year by the Virginia Health Care Association. She asked Ms. Thomas to speak about ManorCare's involvement with its neighborhood. Ms. Vivian D. Thomas (2125 IqTflliard Road, Richmond 23228) appeared before the Commission and stated that ManorCare's desire was to be good neighbors in the community. Ms. Thomas presented Roanoke City Planning Commission October 1, 1997 Page 10 the Commission with copies of correspondence from neighbors adjacent to the Richmond facility who expressed their satisfaction with ManorCare as neighbors. She reviewed some of the programs offered to ManorCare residents and further stated that ManorCare was a good neighbor and maintained their facilities. Mr. Proctor Harvey, landscape architect, appeared before the Commission and stated he had looked at the project in the feel of the resident in a residential setting. He said that discussions had been held with the neighbors about extending the fence, and when working with the civil engineer, it had been felt that it would be best to go around the back of the detention pond. Referring to the site plan, Mr. Harvey pointed out the detention pond and noted that the pond took up a fair amount of the rear oftbe property and was surrounded by a fence at the back, along Persinger and closed offat the front of the building. He said that in working on a project like this one he tried to develop a screen that doesn't look like a screen, staying away from straight rows and regimented spacing and using a variety of materials. He said that many of the large street trees would be saved and complemented with other deciduous trees. He said that the basic elements were screening and softening. He said that additional screening would be used at the parking lot. He said that the plan was to not only soften the facility itself, but the fence. He said that the plan either doubled or tripled the requirements of the City. Mrs. Goodlatte said that ManorCare was really pleased that staff had studied and analyzed the request and had attended many meetings on the request. She said that staff had also hear from people in favor or and those in opposition to the request. She said that she appreciated the recommendation of approval and ManorCare would work real hard to be a good neighbor. She said that she would be happy to answer any questions. Mr. Claude Caner appeared before the Commission as attorney for the Elks. Mr. Caner also noted that he was a member of the Roanoke Elks Lodge and was present on their behalf to voice their approval of the rezoning request. Mr. Carter said that the Elks had been in Roanoke for many years and in 1971 they had moved from their downtown location to their current location on Persinger Road. Mr. Caner said that the Elks had a swimming pool and tennis court at their current facility. He said that the Elks did not look for special publicity, but they were involved in a lot of projects. Mr. Caner reviewed a number of projects in which the Elks were involved; i.e., local scholarships, drug awareness programs, youth camps, hunters safety program, swim metes and many other sports activities. Mr. Caner further stated that the Elks facility itself was used for many community purposes, one of which is the polling place. Mr. Carter said that it had been asked why the Elks were willing to sell a portion of their property. He said that the Elks had b~-n approached by ManorCare to sell a portion of their property. He said that the ManorCare propose seemed to fit eve~j requirement of the Elks and still allow the Elks to avoid going into some commercial project. He said that ManorCare would provide a special residential setting for people who could use special help in an area that was peaceful and quiet. He said the Elks had reduced their mortgage by $75,000 in the last four years, but were in need of some Roanoke City Planning Commission October 1, 1997 Page 11 substantial capital improvements and the ManorCare project would create some of the resources to take care of the needs. Mr. Carter said that the Roanoke Elks had determined that the ManorCare facility was compatible with the Elks lodge as well as the entire area. He said that it was the Elks hope that the lodge and ManorCare would be good neighbors for many years to come. Mr. Carter said that in all of the Elks business meetings, the ManorCare proposal had been talked about and considered and there had been no opposition expressed in their membership. He noted that the Elks membership consisted of people in the general area and the community as well. Mr. Carter said other Elks members were present who could discuss membership, youth projects and finances. He said that the Elks felt the project was very good for everyone concerned and he said he would be glad to answer any questions. Mr. Manetta asked Mrs. Goodlatte which landscape plan was being proffered. Mrs. Goodlatte responded that the plan included with the amended petition was being proffered. She said the plan had been colorized and reduced for staff use. She also noted that both the landscape plan and the site plan showing the detention basin were being proffered and were, of course, subject to any changes made by staff during site plan review. Mr. Manetta asked if the site plan would come back to the Commission for their review. Mrs. Goodlatte said that she thought the site plan would be back since it was adjacent to the residential neighborhood. Mr. Marlles said that the proposed site plan would not necessary have to come back to the Commission, however, as agent to the Commission he had the prerogative to bring any site plan back to the Commission. Mr. Manetta said that his concern was the depth of the retention pond and the possibility of expanding it so that it would be shallower and therefore not require fencing. He said that would make it appear as a natural part of the setting. Mrs. Goodlatte acknowledged .Mr. Manetta's concern. Mr. Manetta said that in viewing the photographs of other projects, he noticed that instead of using a wooden fence, a black chainlink fence, which looked almost invisible, was used. He asked Mrs. Goodlatte if she felt the neighbors would strongly oppose something that seemed almost invisible, yet protected the residents. Mrs. Goodlatte responded that she understood Mr. Manetta's concern, but she had consistently heard from the neighbors that they wanted the wooden fence. She said the wooden fence would be Roanoke City Planning Commission October 1, 1997 Page 12 softened with landscaping. She also noted that relative to the fence around the detention pond, that a fence was required by City ordinance. Mr. Manetta again suggested that the detention pond be shallower. Mr. Rife questioned the proffer relative to expansion. He said that the proffer stated that ManorCare would not expand on any adjacent land. He asked if that meant ManorCare would not physically add on to the proposed facility or would not in any event construct another ManorCare facility should adjacent property become available in the future. Mrs. Goodlatte responded that the proffer was intended to try to specifically address the fear that ManorCare has some interest in or some claim to, or some expansion hopes for moving beyond 3.19 acres it would be acquiring from the Elks if the rezoning was approved. He says that if anytime down the road ManorCare chose to expand, they would have to come back through the process again. She said that ManorCare felt it was very important to make it as clear as they could that they did not intend to expand the facility and it was not going to go anywhere beyond where it is. Mr. Rife asked if he was correct if he interpreted ManorCare's proffer that they have no interest in construction any future facility on what is now currently Elks property, beyond what was being discussed today. Mrs. Goodlatte stated that was correct. Mr. Talevi asked if revising the proffer so that it ended after the word "facility" would make the proffer clearer. Mr. Rife said he was not an attorney, however, as an architect the word "expand" had certain connotations. He said that three ManorCares could be built on the site according to an architect's interpretation of the word "expand." He said he wanted to be sure about that because he had received a couple of phone calls expressing the that this was a unique facility for ManorCare in that typically a nursing home was usually built first and Arden Courts followed on adjacent property. He said he was concerned that that scenario would be played out if the opportunity arose. Mrs. Goodlatte said she had heard those concerns also. She said there were ManorCare facilities where there is no skilled nursing home and assisted living. She said that ManorCare wanted to put an Arden Courts in Roanoke because that was the need in Roanoke and that was what the site would hold. She said that the proffer had been made to make clear that there were no thoughts about going beyond the 3.19 acre site. Mr. Rife asked the sale price of the property. Roanoke City Planning Commission October 1, 1997 Page 13 Mrs. Goodlatte responded that she was not able to tell Mr. Rife the sale price in public. She said that ManorCare had a policy against disclosing the terms of the contract. Mr. Rife said that it was his concern that it had been represented to the Commission that the sale price of the property would be adequate to fix the roof, the pool and the mechanical system of the Elks property and if the sale price was $1 million, that he, as an architect, knew that would probably do the job. He said that if the sale price was $10,000, which he was sure it wasn't, then he did not think that would be adequate to do the job. He asked if Mr. Carter could respond. He said that he thought the number should be put on the table because of the representations to the future of the property that had been made. Mr. Hill said that it had not been made clear to him as to what "expansion" means. Mr. Talevi said that when he read the proffer, he read it as permitting the expansion of the facility on the current lot, but that they would not encroach or purchase additional property from the Elks property or any other adjacent property. Mr. Talevi said that language needed to be clarified. Mrs. Goodlatte she would work on language that was acceptable. Mr. Hill said that the question still had not been answered. He asked ifManorCare was proffering that it would not expand on the land that it was purchasing now. Mrs. Goodlatte said that it was and a site plan was part of the proffered conditions. She said that if ManorCare wanted to do anything, it would have to come back before the Commission. She said that she would work with the City Attorney's office on the language. She said that ManorCare was only concerned with the 3.19 acre site and had committed what they would put on the site. Mr. Butler asked if there were other questions. Mr. Rife said that he had an outstanding question on the floor. Mr. Butler said that in his opinion the sale price of the property was not any of the Commission's business, but if Mr. Carter wanted to voluntarily respond to the question that would be up to him. Mr. Carter said that he was not at liberty to tell the Commission the exact sale price, but the members of the Elks lodge did feel they were being adequately compensated for the property and felt the monies involved were adequate to take care of the capital needs. He said that he did not have authority to say anymore than that. Mr. Butler asked for the staff report. Roanoke City Planning Commission October 1, 1997 Page 14 Mr. Marlles stated that Mrs. Goodlatte had done a thorough job in providing the Commission with the background of the request and summarizing the local issues and concerns. He said that he would not repeat the issues which were set out in the staff report. He said that staff believed there was a demonstrated need in the City of Roanoke for the residential care for the treatment of individuals in the early to mid stages of Alzheimer's disease and memory related disorders. He said that he believed ManorCare has made a substantial effort to meet with local residents and identify and address local concerns and issues, not just in words but in deeds.. He said that ManorCare had proffered a substantial list of conditions, which in his opinion, addressed the majority of the identified local issues and concerns. He said that like any other rezoning request, the Commission needed to review the request on its merits, keeping in mind that the guidelines in the City's comprehensive plan had to be followed and maintained. He said that the comprehensive plan recommendations, as set out in the staff report, were as follows: (1) neighborhood character and environmental quality should be protected. Possible changes in land use or new public and private development in or near residential areas should be carefully evaluated and designed to conserve and enhance neighborhood quality; (2) appropriate housing services for individuals with special needs should be available in neighborhood settings through public and private efforts; (3) through a variety of public and private efforts, services should be made available to allow Roanoke's elderly and disabled citizens to remain in their own homes or neighborhoods as long as possible.. Mr. Marlles said that he believed that through the extensive process of neighborhood meetings and meetings with smaller groups, that ManorCare had tried to address the issues set out in the comprehensive plan. He also said that he believed that the proposed facility and rezoning were in conformity with the guidelines set forth in the City's comprehensive plan. Mrs. Duerk asked if the utilities would be underground. Mrs. Goodlatte responded that they would be. Mr. Butler then asked for a show of hands of those for or against the proposal. He asked that the petitioner, its staff and the current owner, the Elks, not to participate in the show of hands (a count was not taken). He then stated that he would call the speakers to the podium for comments. Michael Urbanski (president of the Greater Raleigh Court Civic League, 2108 Mount Vernon Road, S.W.) appeared before the Commission and commented that a number of the Elks club members had raised their hands and he felt the show of hands may not have been as representative as it could have been. Mr. Urbanski said that the civic league had met many times with ManorCare and had strong feelings about the issue. Mr. Urbanski said that he was concerned with Mrs. Goodlatte when she sought to undermine the 90 plus members of the area who have signed the petition to oppose the change in zoning. He said he had asked the representatives Bluefield, Persinger, Oakwood, Gaymont, Thorndale and Oakhill if the people on their streets were opposed to the rezoning and each time he was told the residents were opposed to the rezoning. He said that nine members of the Greater Raleigh Court Civic League Board were present at the meeting and no City staff were present. He said that none of the Board of the Raleigh Court Civic League live in the immediate Roanoke City Planning Commission October 1, 1997 Page 15 area. He said that decision was not reached lightly and it had been weighed heavily and the issues had been considered. 1~. Urbanski said that the issue of need for this type of facility in the Roanoke Valley had been addressed. He said that he was not present to say that there was not a need to take care of elderly people or people with Alzheimer's disease. He said that he was present to say that this was the wrong piece of property. He said that 74 assisted living units were being constructed at Ridgewood Gardens next to Lewis Gale and 26 of those would be for Alzheimer's patients. He said that at the Richfield retirement community there were 84 Alzheimer's assisted living beds going in. He said that Mayfair house had gone before the Board of Zoning Appeals last month and that would supply about 50 Alzheimer's beds and that at Outlook Point behind Advance Auto on Brambleton Avenue, there was an assisted living facility with about 20 Alzheimer's beds. Mr. Urbanski further stated that Friendship Manor had about 231 assisted living beds, with about 49 beds for Alzheimer's patients. He said that persons needing this type of facility did not have to go to Richmond, North Carolina or Colorado because those beds were in the Roanoke Valley. Mr. Urbanski said that not one of the beds he had mentioned were located in a residential neighborhood. Mr. Urbanski also discussed traffic. He said that commercial traffic had been addressed, but the issue of employee traffic had not been addressed. He further stated that the proposal was not a single family residence, even though that was what the petitioner was calling it. Mr. Urbanski said that one of the focuses of the City's comprehensive plan was to keep the residents in the City and keep them from moving to the County. He said that he was concerned that the proposed development would reduce property values in the area and would tend to make any further development in the area commercial and not residential. He said that if the proposed ManorCare rezoning was approved, there was no possibility that the remainder of the ManorCare property could ever be used for residential purposes. He said the most likely use would be apartments, something that was totally inconsistent with the single family nature of the surrounding community. Mr. Urbanski said that he had not seen what assurance for the future the Elks club had provided the Commission in writing. He said that the Elks club made assurances in 1972 and the proposed rezoning is inconsistent with the assurances made in 1972. Mr. Urbanski again discussed the City's comprehensive plan and said that the rezoning was inconsistent with the plan. He quoted from page 36 of the plan, noting that "one of the main planning approaches was to maintain and enhance the existing quality of the area. He said he did not believe that the proposed development would do that. He quoted from page 42 of the plan which stated that "although limited undeveloped land is available in Roanoke, the development of sites suitable for residential construction should be stimulated to capture a larger share of the new home market." If said if the property were re. zoned and the ManorCare facility was constructed, there was never a possibility that a developer could come in and put homes on the Elks property right now. . He said the rezoning would preclude that. He said the Elks property was a nice piece of property on which homes could be built, which was the highest use for the property and was consistent with the long term history of the property and consistent with the commitment with the assurances made Roanoke City Planning Commission October 1, 1997 Page 16 to the residents in 1972. Mr. Urbanski said that on page 44 of the City's comprehensive plan, it was stated that "the intent of the plan's housing strategy is to improve and enhance existing neighborhoods by building on areas of strengths." He said that the Board submitted that the rezoning was inconsistent with improving the Raleigh Court area. Mr. Urbanski further stated that the comprehensive plan also called for improving existing neighborhood environments. He said that the proposed rezoning did not do that and if the approved, no residential development would take place on the property. Mr. Urhanski mentioned that expansion had been discussed and that the rezoning was a "stop gap" measure for the Elks club. He said that if expansion was an issue, then a proffer should be made that there would be no more than 56 beds on the property. He said there was also a concern that there would be another story added or an adjoining building built, however, if the petitioner wanted to make a proffer, he suggested they state there be no more than 56 beds on the property. Mr. Talevi advised that was already proffered. Mr. Urbanski said that in the civic league's view, the rezoning was a commercial crowbar into the stable residential neighborhood. He asked that the Commission decline to "wield the crowbar." He questioned what would happen across the street and what would happen with the rest of the Elks property if they needed money in the future if commercial development came into Persinger Road. He said the civic league's philosophy was to allow pragmatic, commercial development where it fit into the residential neighborhood. He said that the proposed development did not fit and the civic league had great concerns. He said that the Board, who does not live in the area, voted 9-0 against the proposal aiter hearing both sides of the issue. Mr. Urbanski said that ManorCare had addressed a lot of issues and spent a lot of money trying to dress up the project. He said they had not addressed the fundamental issue that the proposed use was not a residential use and would not enhance the development of the area. He said that the development would lead to greater commercial development along Persinger Road and greater flight of residents into the County. He said that for those reasons the Greater Raleigh Court Civic strongly opposed the development. Mr. Tom Hanes (1036 Oakwood Drive, S.W. 24015) appeared before the Commission representing himself and the people on Oakwood Drive. He said that he could not say that he represented everyone in the entire area. He said that he lived on Oakwood Drive, which adjoined the rear of the Elks club property and the project in question was fairly far away bom his property. He said, however, that he felt the project affected the entire piece of Elks property as remained. He noted that a vast majority of the Oakwood residents were opposed to the request, with the exception of Mr. Richardson who had special circumstances. He said that the rezoning was a jump from RS-2 through RS-3 and RM-1 to RM-2 zoning. Mr. Hanes discussed the special exception which had been granted to the Elks Club in 1971. He gave the members of the Commission information related to the 1971 special exception case. He said that the property was not rezoned in 1971 because of neighborhood opposition. He said that Roanoke City Planning Commission October 1, 1997 Page 17 a special exception ordinance was passed which required the conditions set forth on the page he had tabbed in his handout. He noted that it could be argued that this happened 26 years ago, however, the character of the neighborhood had not changed in 26 years. He said that the conditions that were important then were still important. Mr. Hanes said that the 15 acre parcel that was intact in 1971 was stiff intact, with the possible encroachment of the ManorCare project. Mr. Hanes called the Commission's attention to Co) in his handout that stated that "any building, whether principal or accessory, shall not be less than 150 feet from the lot line of any adjacent residential property. He said that he believed that the ManorCare property would be closer than 150 feet. He said another provision was that no more than 20°,4 of the site area may be covered by buildings and he said he felt with the addition of the ManorCare building, the Elks would be going over the 20°,4. Mr. Hanes continued to read the 1971 document, noting that another condition was that "there shall be no facilities for overnight accommodations except for the club or lodge manager or watchman's quarters. Mr. Hanes said that it was obvious that the intent of the conditions was to prohibit any type of hotel/motel type facility on the property and he felt the ManorCare project would "fly in the face" of that. He said that those restrictions were placed upon that property as an intact parcel of 15 or 16 acres. He said that those standards were still applicable today because the neighborhood has not changed. Mr. Hanes said that it was interesting to note that in 1971 one of the representatives from the Elks Club had made the statement that there should be no possibility of the area ever being used for commercial purposes. He said that to say that ManorCare was not a commercial enterprise was wrong because it was a publicly-traded company which has been very successful throughout the country. Mr. Hanes further stated that he had heard from a fairly good source that the type of facility that ManorCare wanted to develop did not accommodate Medicare patients, but only private pay patients and was therefore very restrictive. He said that of the 56 beds proposed, there were no Medicare beds and only two designated Virginia Medicaid beds. Mr. Hanes said that Mr. Urbanski had made a good point when he stated that if ManorCare developed the site, it effectively carved out the heart of the 15 acres of land and made if impossible for future development of single family homes. He said that it was interesting to note that the person who spoke in opposition to the special exception was a real estate developer who felt the highest and best use of the land was for single family dwellings. Mr. Hanes said that the Commission would hear from other neighbors and residents about their reasons for opposing the request. He said he felt the history was important and the people who had lived in the area for years took the history seriously. Mr. Hanes then referred to the City zoning ordinance and stated that the definition of group care facility had three categories - halfway house, congregate homes, and nursing homes. He asked what category this project fit in because in his reading of the Code, it seemed that the facility fit into the nursing home definition, for which a certificate of need was required. Roanoke City Planning Commission October 1, 1997 Page 18 Mr. F. P. Brandt (927 Gaymont Street) appeared before the Commission and stated that he lived across the street fi.om the Elks Club. He said that this was not the first time the neighbors of the Elks Club have had to object to a rezoning request. He said that in 1971 the neighbors fought to keep the area single family and the Elks Club made certain commitments in order to be able to use the property. He said that now the neighbors were being asked to enable the Elks Club to renege on their agreement. He said that the issue was zoning. He said that several of the neighbors were in favor the ManorCare request, however, the vast majority objected to anything but single family zoning. He said that there may be some people who signed the petition who don't object to ManorCare, but do object to a change from single family. He said he strongly objected to the rezoning. Ms. Louise Chagnon (P. O. Box 5014, Roanoke, 24012) appeared before the Commission and stated that she was the executive director of the Roanoke Valley Chapter of the Alzheimer's Association. Ms. Chagnon said that she was involved with families seeking services and it was the Chapter's policy not to endorse or reconunend facilities. She said that in her work she did give advice on what was in the best interest of patients as well as their families and/or caregivers.. Ms. Chagnon discussed the stress of earing for Alzheimer patients, who eventually need 24 hour a day care. She talked about the increasing elderly population and the decreasing younger population and the possible need of non-family caregivers for the elderly. Ms. Chagnon she felt we were getting into the whole idea of providing something for families that will give them options that are not available in this area at this time. She said that she was delighted with Riehfield's plans, which created an environment that did not agitate or upset the patient. She said she was present to advocate and hope that a neighborhood that's going to have more elderly people, that may find that they themselves need this service and want to have the service. She said that she spoke for the board of directors who felt that ManorCare was something that was needed. Mr. ,A_ S. Brown (2747 Thomdale Street, S.W.) appeared before the Commission and stated that he represented the remaining residents of Thorndale. He said that the residents were opposed to rezoning of the Elks Club property fi.om RS-3 to RM-2. Mr. Robert Waggoner (3519 Wedgewood Road) had signed up to speak but chose not to when called upon. Mr. Douglas Newman (1136 Persinger Road, S.W. 24015) appeared before the Commission and stated that he wanted to endorse everything that had been said by the two gentlemen who had been expressing the opposition. He said that he had absolutely no objection to the service of ManorCare or the Elks lodge. He said that the services of ManorCare could be done in other locations and he could show them 3 or 4 locations that would serve their needs. Mr. Newman spoke on commercialization of the area. He said that ManorCare was a for-profit institution and they wanted to build their facility so that they could make a profit. He said that he was concerned about the industrialization and commercialization of Brambleton and Colonial Avenues. He said that if ManorCare was a for-profit organization, it invited further profit making organizations into his community. He said that he had heard the word "transitional community" and was scared by it. Roanoke City Planning Commission October 1, 1997 Page 19 He said he did not want his neighborhood to be caught up in the kind of transition that moved them from single to multi family residences. He said that the petitioner had turned the building around 90 degrees and the brick side of the building now faces the side of Temple Emmanuel. He said that the rest of the building was of a nature that was inconsistent with the rest of the community. Mr. Newman said that his home was directly across the street from the newly proposed parking lot. He said that in 1978 he had purchased his property with the assurance that it was zoned single family and were therefore protected. He said he had been assured by the Elks lodge that no other type of operation would come on the property. Mr. Newman said he would much prefer to see the integrity of the zoning maintained ~gi $100,000 homes built. Mr. Steve Nelson (4522 Grandin Road, S.W.) appeared before the Commission and stated that he was representing the Elks lodge. He said that the membership within four miles of the lodge. He said that because of the large number of families within the area, the Elks had no intention of moving or rebuilding. He gave the following breakdown by zip codes: South Roanoke 24014 - 177 families; Raleigh Court/Grandin Road/Brambleton Avenue area 24015 - 357; 24018 - 226 families. He said that more than 3/4 of the membership lived within four miles of the lodge. He said that the sale of the 3+ acres would help the lodge to upgrade the facility and the Elks welcomed ManorCare as neighbors. Mrs. Phyllis Newman (1136 Persinger Road, S.W.) appeared before the Commission and stated that she lived directly across the street from the proposed ManorCare facility parking lot. She said that she had friends on both sides of the issue, so it was not easy for her. Mrs. Newman said that she had lived in a United Methodist parsonage all of her life, but the fact was when you lived in someone else's home, you did not build up any equity to make it possible to purchase a home for your retirement years. She said that she and her husband had finally managed to purchase a home in a single family neighborhood, and considered the Elks lodge as further protection. She said that now someone had come up with a proposal to sell pan of the Elks' property to ManorCare. She said that she was keenly aware that one did not know from one day to the next when one would have to sell their home and take up residence in a retirement community. She said that if that happened, she would have realize as much as she could from the sale of the home. She said the current request would make the sale of their property even more difficult. She said that she did not think there would be anyone who was overjoyed with having a parking lot and an eight foot high fence across the street from their home. She thanked the Commission for their time and serious consideration of her remarks and said she prayed the Commission would not grant the request. Ms. Emily Nelson (4622 G-randin Road, S.W.) stood in the audience and said she was for the rezoning Mr. Robert Shelor (2215 Hunters Road, S.W.) appeared before the Commission and sated that he was a member of the Elks lodge and elected officer of the Board of Trustees. He said that there people in the Council Chamber were very good neighbors, but he wanted to assure them that the Roanoke City Planning Commission October 1, 1997 Page 20 Elks lodge had no intention of moving. He said that the Elks wanted to do the capital improvements and look forward to being good neighbors to the people. Mrs. B. $. Swecker (1117 Oakwood Drive, S.W.) appeared before the Commission and stated that Commission had arguments both for and against the rezoning request. Mrs. Swecker said that she felt one of the most important factors in the issue was the residents of the neighborhood and how they feel. She said that she knew of no other issue that could totally inflame a neighborhood than the threat of constant commercial encroachment. She said that for homeowners nothing produced more anger, fiustration, anxiety, disappointment or more resentment towards the officials of the city than to have area of their neighborhood rezoned for commerce. She suggested that if the trend continued, that areas should he designated "neighbor areas." She defined a neighbor area as a group of private homes interspersed with commercial facilities, due to rezoning contrary to the desires of its residents. Ms. Swecker said that she had been taught in high school that the residents of the city were truly the government, that the residents hired or appointed competent individuals to execute the desires of our government and it, therefore, seemed to her when a neighborhood objected to a proposal like the one being considered, that city officials should support the residents they represent. Mrs. Swecker asked each Commission member to close their eyes and visualize their neighborhood as it is now and then to visualize it which piece of property adjoining their lot they would rezone for a commercial enterprise. She asked the Commission to suppose they had recently moved into the neighborhood on a street that adjoined the Elks property or was close to the Elks Club and asked them if they would put more business into the neighborhood. She said that it was the total principle involved. She said that it would be very gratifying if the Commission simply denied the request because it was the right thing to do. She said that neighborhoods were the City and she implored the Commission not to betray the residents of her neighborhood. Mr. Charles Smith (3406 Klm Court, B 12, 20418) appeared the Commission and stated that he was past chairman of the Board of Trustees of the Roanoke Elks Lodge and coordinator between ManorCare and the lodge for the sale of the property. Mr. Smith said that Mr. Carter had already touched on the finances of the lodge, and he would ask that unless the Commission had some specific questions about the lodge's financial condition, that all the Commission consider was that the lodge wanted the property rezoned. He said there were no plans to move from the current facility and the lodge wanted to be good neighbors with ManorCare. Mr. Stephen Rice (no address given) appeared before the Commission and questioned whether the hearing was for a rezoning or special exception. Mr. Butler said that the hearing was for a rezoning. Mr. Rice asked the chairman if he could ask the applicant a question. Mr. Butler stated Mr. Rice could ask the question. Roanoke City Planning Commission October 1, 1997 Page 21 Mr. Rice asked the percentage of OAGs that would be accepted into the facility. Mrs. Goodlatte said she was not familiar with the term OAG. Mr. Rice said that it was people who required financial assistance. Mr. Rice said that it was incumbent in his business for any good corporate citizen, that being the providers, to support the community which they turn a profit fi.om, by virtue of operating in a community. He said for years there was a pretty good provider code of conduct that providers would provide for folks, regardless of what sort of financial resources they had. He said that he did not know that he could respond to the immediate impact on this to the surrounding community, but that the code of conduct appeared to be something that many providers had abandoned. He said that he was concerned about long-term impact to the industry as more and more facilities are built which call him when the residents run out of money. Mr. Rice said that roughly 50% of his residents today could not afford to pay their bills and required some form of public assistance. He said that had "down stream impact", citing the Roanoke City nursing home as an example. It said that it was important to reinforce the notion that providers take care of the community that they are earning their profit fi.om. Mr. Rice commented there were 14 facilities that per planned or rumored to be constructed and of those 14, at least six would be Alzheimer's facilities. He said that of the six under construction that had mentioned Alzheim~'s as their primary objective, not one has agreed to accept an OA.G patient. He said that would have some very severe consequences. Relative to expansion, Mr. Rice said that he had a 2.8 acre site with 400 people on the site. He said there were a shortage of nursing home beds in Roanoke and he thought it was fair to say that the project with 56 units was not going to be the project that was there in five years. He said if the Commission hadn't figured out whether he supported the project or not, he didn't have an opinion either way. He asked for an explanation to the community of why the providers were not going to accept a fair share of the responsibility for the residents in the community who could not afford the full cost of their care. Mr. Hill asked Mr. Rice who employed him. Mr. Rice said that he was employed by Friendship Manor. Mr. Hill asked Mr. Rice if he would be opposed to the project no matter where it was. Mr. Rice said that he was not opposed to the project. Mr. Hill said that the Commission was charged with determining whether the facility was appropriate for the site in question and it seemed irrelevant to the question before the Commission as to whether or not the facility accepted the kinds of patients Mr. Rice felt it should. He said that Roanoke City Planning Commission October 1, 1997 Page 22 it seemed Mr. Rice's comments would apply whether a facility of this nature was built in Salem or Roanoke County or anywhere in the Roanoke Valley. Mr. Rice said that if they did not accept those patients, that was correct. Mr. Butler said that all the written requests to speak had been called. He asked if there were others. Mr. David Lisk (909 Carrinffton Avenue, S.W.) appeared before the Commission and said that he had enjoyed listening to one of the attorney from the Oakwood area speak about property values. Mr. Lisk said that he noticed that on the corner of Oalcwood and Brambleton Avenue there were one residence and two commercial businesses that backed up Oakwood and to one of the speakers who had spoken today. He said that he did not hear any objections when those two commercial establishments went in. Mr. Lisk said that 27 years ago he was on City Council when the question came before them. He said that people did not realize that City Council had more to consider than just aesthetics. He said they needed to know the intent and concerns of valley and residents around it, and were also concerned about the economic base of the City of Roanoke. Mr. Lisk said that the Elks had tried to sell the property for residential use some 27 years ago and could never get anyone to develop it. He said that there had been attempts to rezone for apartment complexes, but they had all been denied by the Commission. He also said there had been one low income government subsidized project, which had also been turned down. He said that the Temple and the Elks had been granted under special exception and they had been good neighbors. Mr. Lisk said that people were concerned about their property values. He said that property values would not go down ifManorCare was developed. He commented on traffic and stated that if single family homes were developed on the site there would be more traffic and the lots would be smaller than what was in the present neighborhood. He said that when he served on City Council, consideration was given to the best use of the land and how the economic base for the citizens of Roanoke could be increased. Mr. Butler asked if there was anyone else who would like to speak. No one commented. Mr. Butler then noted that he had received three letters from people who expressed support and wanted their support to be known because they could not be present for the meeting. He said there were other letters from non neighbors who were in support. He said the letters were neighbors were: Larissa Marienfeldt from 2785 Bluefield Boulevard expressing support; John and Thelma West from 2777 Bluefield Boulevard expressing support; and Doris Carper from 3409 Overhill Trail expressing her support. Mrs. Franklin noted that Mr. Lisk had also sent a letter of support. Roanoke City Planning Commission October 1, 1997 Page 23 Dr. Marienfeldt appeared before the Commission and stated that he lived on property adjacent to the planned facility. He said that he personally had no problem with ManorCare or with Alzheimer's patient. Dr. Marienfeldt stated that it had been said that the facility would be non-institutional, he felt it would be institutional because the doors would have to be locked and the patients would have to be supervised. He said that it would be the responsibility of ManorCare to see that the patients would be safe. Dr. Marienfeldt commented on the 60 or 70 foot landscape buffer that had been established when the Elks purchased the property. He said the property looked like a jungle and he felt the ManorCare proposal would eliminate that problem. He further commented that there was a water problem in the back yards. He said the large storm water facility should solve that problem also. He said he was personally in favor of the rezoning. At this point, Mr. Butler declared the public hearing closed and said the Commission would now vote on the petition. A roll call vote was taken and the petition was defeated by a tie vote of 3-3, as follows: Mr. Chrisman - no Mr. Hill - yes Mrs. Duerk - no Mr. Manetta - yes Mr. Rife - no Mr. Butler - yes Mr. Talevi explained to the audience that the job of the Planning Commission was to make a recommendation to City Council and in this case the recommendation there was not a recommendation of passage and the matter would go to City Council with a negative recommendation. At this point of the meeting, Mr. Hill departed (4:15 p.m.) Sale of public fight-of-way Mr. Marlles stated that he had given each Commission member a copy of the most recent draft that was currently being reviewed by the City Attorney's office. He said that after the City Attorney's office reviewed the petition, he would recommend that the matter be referred to the Ordinance and Names Subcommittee. He said that if the Commission had any suggestions or questions, to contact him within the next several weeks and he would be glad to make the changes necessary. Mr. Marlles mentioned that there were several items that needed the attention of the Ordinance and Names Subcommittee and he would like to schedule a meeting in the near future. Mr. Butler also mentioned that he felt the Commission should take the initiative of taking names fi.om the public on the naming of the 2nd Street bridge. He suggested that Mr. Marlles contact key Elks Club Property Rezoning Petition The undersigned nei~orhood residents adjacent to or in the in the vicinity of the Elks Club object to rezonin~ any portion of the Elks Club property located at 1147 Persinger Rd. SW for any pupose other than single family dwellings: NAME ADDRESS PHONE NUMBER ,5-v o -$ Y3'- ~ Print: 5'te~'rT l~ost9 ~,~t: g~4t,¥ r~. Rusk q Si~: Elks Club Properl~ Rezoning Petition The undersigned neil~)o~ residents adjacent to or in the in the vicinity of the Elks Club object to rezoning az~ portion of the Elks Club property located at 1147 Persinger Rd. SW for any pupose other than singe faznily dwellings: NAME ADDRESS PHONE NUMBER Print: ,.W~F ~'£ ~ .T'm'~,~ 40 ~t: " -' / Si~e: Si~e: Si~e: Si~e: P~t: Si~e: Elks Club Property Rezoning Petition The undersigned neighborhood residents adjacent to or in the in the vicinity of the Elks Club object to re. zoning any portion of the Elks Club property located at 1147 Persinser Rd. SW for any pupose other than single family dwellings: I" NAME ADDRESS PHONE Print:f__~,~'~eo I~_~o~I ~"/G?_ ~C.t.,~',~-~.~ ~O~0 NUMBER Print.~ ~ Signature:7}ce~ 7~,o~_,. ~ Print: 1,*~i$~ /idA~i'£,v F'~ COT Signatm'e: ~~~ Elks Club Property Rezoning Petition The undersigned neighborhood residents adjacent to or in the in the vicinity of the Elks Club object to rezonin~ any portion of the Elks Club property located at 1147 Persinger Rd. SW for any pupose other than single family dwelling: NAME ADDRESS PHONE NUMBER Signature: Signature: '~~ P~u~t: Signature: P£mt: Signature: Signature: Signature: Signature: Signature: Signature: Print: Signature: Elks Club Property Rezoning Petition The undersigned neighborhood re~idems adjacent to or in the in the vicinity of the Elks Club object to rezoning any portion of the Elks Club property located at 1147 Persinger Rd. SW for any pupose othe~ than single family dwellings: NAME ADDRESS PHONE NUMBER Print :~D ~-. Signature:d~.~ Print: Print: Elks Club Property Rezoning Petition The undersigned neighborhood residents adjacent to or in the in the vicinity of the Elks Club object to rezoning any portion of the Elks Club property located at 1147 Persinger Rd. SW for any pupose other than single family dwellings: NAME ADDRESS PHONE NUMBER Signature: ~. ~-.~ s ~: /n,t~ '~.,t i,, rn,o-,~- s, rw 3~8-~/,~ Print: Signature:~.~ ~. ZS~ .2~.~ -"/~..e...~,. ,F-- Print' ~ .a~ t · Si~tur~: Print: Signature: Print: Signature: Print: Sismture: Elks Club Property Rezoning Petition The undersigned neighborhood residents adjacent to or in the in the vicinity of the Elks Club object to rezonin$ any portion ofthe Elks Club property located at 1147 Persinger Rd. SW for any pupose other than single family dwelling: NAME ADDRESS PHONE NUMBER Print: Si~: Si~: Si~e: ~t: Si~a~: ~t: Si~e: /9, Elks Club Property Rezoning Petition The undersigned neighborhood residents adjacent to or in the in the vicinity of the Elks Club object to rezo~ any portion of the Elks Club property located at 1147 Persinger Rd. SW for any pupose other than sinffJe family dw~lings: NAME ADDRESS PHONE NUMB~ Signatur. tl~,.._ ~. ~.~ ~ tZ-¢_.,~ ~- Sisnamre: Print: Elks Club Property Rezoni~ Petition The undersigned neighborlmod r~idents adjacent to or in the in the vicinity of the Elks Club object to rezo~ any portion of the Elkz Club property located at 1147 Persinger Rd. SW for any pupo~ other than ~ingle family dwelling: NAME ADDRESS PHONE NUMBER Si~ t~,r. [ ~ , '~ ' s~e~5~ ~,~~g~/~ ~q5- ~t: / Elks Club Property Rezoning Petition The undersil~d neighborhood residents adjacent to or in the in the vicinity of the Elks Club object to rezoning any portion of the Elks Club property located at 1147 Persinger Rd. SW for any pupose other than single family dwellings: Greater Raleigh Court Civic League P. O. Box 3092 ® Roanoke, VA 24015 September 30, 1997 - - Via Fax -- 342 7325 Mr. Gilbert E. Butler Chairman, Roanoke Planning Commission 308 2nd Street, SW Roanoke, VA 24011 OCT 1 100? Dear Mr. Butler: On behalf of the Greater Raleigh Court Civic League, we are writing to express our opposition to the proposed Manor Care rezoning on Persinger Road. Our Board of Directors has carefully considered this issue and has met with representatives of both Manor Care and the neighborhood. After fully weighing this issue, our Board has unanimously resolved to oppose the rezoning. First, we do not believe that the rezoning is consistent with the City's Comprehensive Plan. The proposed rezoning will bring commercial development to an area which traditionally has been comprised of single family residences. We believe that this proposed development will be detrimental to property values in the surrounding neighborhood and will lead to further requests for commercial development along Persinger Road. We do not view this proposal as enhancing the neighborhood or protective of neighborhood character or environmental quality. Second, the residents on the street surrounding the proposed development are strongly opposed to the development. I think it is fair to say from the number of signed petitions and the consistency of the residents' opposition t.het the neighborhood is an.vthing but compatible with the proposed development. Although Manor Care has made some efforts to deal with some neighborhood concerns, it cannot resolve the fundamental concern, that is, this project will assure that any further development in the Persinger Road area will be commercial and not residential in character. Third, when the Elks obtained a special use permit in 1972, assurances were made to the residents that this property would not be used for business purposes, that no structure would be built within 150 feet of any residential property line, that no persons would stay overnight and that no more than 20% of the property would be built on. Indeed, the language used was that "It]here should be no possibility of this ever being used for commercial RKFJ0502693.WPD 900000-00120-01 September 30, 1997 Page 2 purposes." In 1972, the Board of Zoning Appeals rejected the Elks rezoning petition, but allowed a special exception based on these express assurances. The proposed rezoning is directly contrary to the promises made to the residents in 1972. If this rezoning is allowed, there is no possibility that this property will ever be used consistent with its present zoning, and the reality is that section of our neighborhood will take on a commercial, rather than a residential character. The Greater Raleigh Coan Civic League is strongly opposed to ~his petition and wi!l be present at the hearing to address any questions members of the commission may have. Thank you. CC: D. Kent Chrisman Barbara N. Duerk Melvin L. Hill Robert B. Manetta John R. Marlles Richard A. Rife Martha P. Franklin Very truly yours, Michael F. Urbanski RKF. J0502693.VVPD C/M: 900000-00120-01 To: 2777 Bluefield Boulevar~ Roanoke, Virginia 24015 September 26, 1997 ,qFP 26 CITY OF :EPART~ENT C~: PLA~,, ~u AND The Members of the Roanoke City Planning The Members of the Roanoke City Council Ladies and Gentlemen: Our home on Bluefield Boulevard will be directly behind the Manor Care project which you are considering. We will probably be one of the neighbors most directly affected by the project. Originally, we opposed letting Manor Care come into the neighborhood. We both signed a petition which went around our neighborhood earlier this year opposing the rezoning. Manor Care has changed the things that we didn't like. We attended the meetings Manor Care had and we have seen all the changes they have made to their site in order to fit into our neighborhood. We now believe that letting Manor Care into our neighborhood will be a help and will be better than anything else that could happen if the rezoning is denied. While we know that some of our neighbors oppose any change to our neighborhood, many others like us have changed their minds and now think that Manor Care is the best option. As seniors, it is hard for us to come out and speak to you at your meetings, so we won't be able to talk to you in person. We wanted you to know, though, that we support Manor Care's rezoning request and hope you will approve it. Sincerely, /'John D. West Thelma K. West LARISSA MARW. NFELDT 2785 BLUEFIELD BOULEVARD, S.W. ROANOKE, VIRGINIA 24015 September 27, 1997 Roanoke City Planning Commission Roanoke City Council Municipal Building Roanoke, Virginia Dear Members of the Planning Commission and City Council, I live at 2785 Bluefield Boulevard. My house is right behind the location where Manor Care will build. At first, I was concerned about the project. A long time ago, I signed a petition which said that I opposed any rezoning. I want you to know that I support Manor Care's rezoning re~_uest. I have attended the meetings that Manor Care has had for the neighbors. Since I live so close to the site, I have also spoken with the Manor Care people and reviewed all the information about their plans. When I first heard about this, I was worried about how it would affect my home. Manor Care made changes to their site and met my concerns. I am now convinced that having Manor Care as my neighbor is the best choice for our neighborhood. I feel like I have much more at stake than people who live far away from this comer of Bluefield, so I hope that my opinion matters. I work and will not be able to come to your public meetings. Please know, though, that I support Manor Care. Lots of my neighbors do too. Thank you. Darissa Marienfeldt 345-8315 )EP^R'~,ENT OF. PLANN~t, IG ANi~ '".OI~9.fUNrW C EVF..LOply~ .~r,- ROANOKE LODGE No. 197, B. P. O. ELKS I I 4,7 ~IER..~ING[I=I II~oAo. ROANOKE. VA. 24.OI5 September 16, 1997 Roanoke City Planning Commission Members Roanoke, Virginia Re: Rezoning request by ~orCare Health Services Inc and Elks Lodge No. 197 ' ' Dear Planning Commission Members: Together with ManorCare, Elks Lodge No. 197 has filed an application to rezone a part of its property. Our Lodge respectfully requests that you approve this rezoning. As you consider this request, we thought it might be useful to share our experience with you. When our Lodge was established, it was located in downtown Roanoke in a converted home. By 1973, when the downtown real estate was sold, our membership had grown to about 400. At that time, our Lodge was principally a men's fraternal luncheon organization. That year, we purchased almost 16 acres of land on Persin~er Road and Brambleton Avenue. We built a lodge, swimming pool and tennis courts. We moved.into our new home in 1974. Our membership swelled to approximately 1500. Over the year~, we have changed from a men's fraternal organization to a family-orlented fraternal organization. Unfortunately, our Lodge has suffered a loss of membership since those early years. We are not alone, however, as most fraternal organizations have experienced the same drop in membership levels. Currently, our membership stands ac approximately 800. As our membership has declined, though, the cost of maintaining our facilities has dramatically increased as they have aged. Our lodge needs a new roof a~d major repairs to its heating and air conditioning systems and our pool needs major repairs. Since our membership base is unable to pay for these major repairs, we had no choice but to list our property for sale in July, 1995. We intended to sell our entire property, and move, building a new facility elsewhere in Southwest City or County. We reached that decision rather painfully, since we like our current home and would rather stay than leave. However, the great expense of fixing our lodge and pool seemed to give us no choice but to sell. Until we were approached by ManorCare, we received no firm offers to buy our property. We had been approached by a nursing home and by a learning center for the disabled, but neither subm/tted an offer. When we knew that ManorCare was interested in buying just a part of our property, we changed our focus from moving away from our neighborhood to staying and improving our property. As you can imagine, we met many times with ManorCare,s representatives. We satisfied ourselves that it was a quality company which had a good track record. We think it meets an important need for our elderly citizens in Roanoke. And, most selfishly, we think that ManorCare will be a good neighbor for us, as we now look towards staying and improving our property. Our membership is so pleased that, by sell pro~er~y ~o ManorCare, we will still ha~e "--~w-~--~maA%-part-of our needs and can make the al ' ~= ~aA estate ~or our critic ~mprovements to our facilities. If ManorCare purchases the acreage from us, we have absolutely no plansto move. Furthermore, we have no plans to sell any more proper~y to ManorCare or anyone else. b--- W~.know ~hatManorgare ~as had many meetings with nei een max~ng changes to its o~-~ -~ .......... ghbors and has - --~ ~A. we near~±y endorse its plan, and ~t g~dan ~°os~l~a%eMa~%rwCatr~~tte~ve~J~ w~l ~o~ try to make the we view this as a win-win situ~ .... = ...... nappy. However, . -~u. une s~s .~d. ge can improve its facilities and stay ~n the neighborhood for a lon t - , over 12 acres which wil =,~ ........ ~ une, we 11 still own 1 ~u =~ ~ uu=zer a alns ManorCare ro er ' g t develo nt- .... ~ p p ty wxll be very nicely develoned. =-~ ~- ,~pme!.., tge = ~uxau new company a? a taxpayer, providing im ortan ' seniors and their families. P t services to our On behalf of our membership, we urge you to approve this rezoning request. Respectfully sub~/tted, ELKS LODGE NO. 197 Charles William Blackwell, P.E.R. Chairman, Board of Trustees 909 Carrington Avenue S. W. Roanoke, Virginia 24015 September 26, 1997 I have been a resident of the "Elks" neighborhood for many years. In fact, I was involved in the original Elk's rezoning, both as a neighbor and as a member of Roanoke City Council. I want you to know that I strongly support Manor Care's rezoning request for their Arden Courts Alzheimer's residence. I firmly beLieve that it is the best choice for our neighborhood. I also think such a service as Arden Courts is critically needed in Roanoke for our seniors and their families. I have attended all the neighborhood meetings Manor Care has had over almost a year's period of time. I have seen first-hand, how they changed their site plans to accommodate the concerns of the neighbors. I also know that many neighbors who were at first opposed to Manor Care are now in favor of the rezoning request. I am convinced that this small-scale, residential development will fit nicely into our neighborhood. It will be attractive, quiet, and will be very compatible with other houses. I also think that having Manor Care in place will stop the speculation by many neighbors about the balance of the Elk's property. It will allow the Elks to stay where they are and make the improvementa to their facility that they can't afford to make without the sale to Manor Care. Unfortunately, business obligations prevent me from coming to the Planning Commission meeting next week. You may feel free to call me, however, and I would be happy to talk with you. My phone number is 342-5868. ECEiYED ,~EP 80 1c~ }EPARTMENT OF PLANN/NGI ANO David K. Lisk Mr. John R. Marlles Municipal Building, Room 162 215 Church Avenue Roanoke, VA 24011 3409 Overhill Trail, S.W. Roanoke, VA 24018 September 28, 1997 :EP;.RF~ENT OF PLANN~ AND Dear Mr. Marlles: I cannot imagine the worry, concern, anxiety and helplessness that one must feel when a family member or close friend who has Alzhetmers can no longer be adequately cared for in the home and the decision must be made to place this person in a facility where they can receive 24 hour care and treatment that is necessary. Wouldn't it be comforting and reassuring to have in the City of Roanoke an organization that has been created exclusively for those who have Alzheimers disease and related memory impairments? That is the purpose of ManorCare Health Services in establishing Arden. Courts. Arden Courts consists of four self-contained "houses" with 13 bedrooms each, full hall bath, living room, dining room, kitchen and laundry. Private and shared bedrooms with a half-bath are available for the residents. Common areas include activity rooms, hair salon, walking paths, and a health center. All of this coupled with the fact that the staff for this facility are extensively trained re- garding this disease process and its management contribute to making this an outstanding facility meeting critical needs of our seniors and their families. The four "houses" in the Courts contribute to the residential setting. To be able to locate this residence on Persinger Road will add to the residential character of Arden Courts. Seniors who are in the early stages of Alzheimers need just this type of assisted living support. Beautifully planned landscaping and Mr. John R. Marlles - 2- September 28, 1997 ample parking will enhance the outside appearance of this community. The neighbor- hood will benefit greatly from the lovely Arden Courts. Sincerely yours, (Mrs.) Doris T. Carper ROANOKE LODGE 197, B. P. O. ELKS ! 147 I~'~$~G,~:~ ROAD. f~ANOKE:. VA. 2~,01 .K September 22, 1997 Mr. Bill Neugroschel ManorCare Health Services, Inc. 11555 Darne~town Road Gai~hersburg, MD 20878-3200 Dear Bill: This is to confirm our Lodge,~ agreement that if ManorCare's rezoning request is approved, our Lodge will restrict our commercial traffic to our Brambleton Avenue driveway. _ . .We know that ManorCare has already agreed that ,the Yerslnger Road drxveway will be limited to nou-commercial traffic. We agree to that also, and will place signs which direct coa~ercial traffic to our Brambleton Avenue driveway. If we can provide any more detail, don't hesitate to ask. Very truly yours, ~LKS LODG~ NO. 197 Charles William Blackwell, P.E.R. Chairman, Board of Trustees CC: Roanoke City Planning Commission Raleigh Court Civic League Temple Emanuel 1163 Persinger Road, S.W. · Roanoke. Virginia 24015 ° 540-342-3378 September 22, 1997 Memorandum TO: FROM: RE: Members of the Roanoke City Planning Commission David Nova, President of the Board ManorCare Health Services, Inc. On behalf of the Board of Directors of Temple Emanuel, I am writing in support of ManorCare's Persinger Avenue rezoning request. Assuming ManorCare Health Services is able to accommodate reasonable concerns expressed by neighborhood residents, we welcome their plan to build a residential facility for those suffering fi.om Alzheimer's disease. During our September Board of Directors meeting, our Board members expressed several reasons for endorsing ManorCare's building proposal, including the following: · We heartily support programs and services designed to alleviate the suffering of Aizheimer's patients and the burden of safely caring for them in the home by family members and loved ones. · We support initiatives that may revitalize the Elk's Club, an organization that has always acted as a responsible and accommodating neighbor to Temple Emanuel. · We welcome the opportunity for Jewish youth to perform charitable deeds in support of those afflicted by Alzheimer's disease. During the last six months, our Board of Directors has met several times with representatives of ManorCare. We were pleased to host the first neighborhood meeting in our Temple. Another neighborhood meeting relating to ManorCare's request will be held in Temple Emanuel on September 23. Temple Emanuel has no financial interests in the proposed building of the ManorCare facility. we hope our congregation's input will be helpful to the Planning Commission in reaching an equitable decision on this rezoning request. ~ Thank you. AFFILIATED WITH THE UNION OF AMERICAN HEBREW CONGREGATIONS AI I.,ION September 30, 1997 Mr. John Marlles, Agent Roanoke City Planning Commission 215 Church Street Roanoke, VA 24011 Dc~r Mr. Marlin; Over 4 million Americans have Alzheimer's DLsease, a pwgressive degeneration of thc brain that robs people of their memory and ability to care for themselves. Alzheimer's Disease is a di.s~lse of the elderly, with increased incidence as people grow older. It is estimated that 40-50% of those over 85 years old have Al~he~ner's Disease. The over 85 years age group is the fastest growing segment of thc American population. The Roanoke Valley has an older than average population. Thc Roanoke Valley has 16% of its population greater than 65 years of age, a~d 14.g% of this elderly ix~pulation are over 85 years of currently hn~ over 12,500 affected families. Manor Care representatives have shared with us plans for Arden Court, an Alzhe/mer's Assisted Living facility proposed to be located on Persingcr Road in Roanoke City. The separate pods of the design provide a smaller, more inviting living environment conducive to better orientation for persons with memory problem.~. Each pod is decorated m a different theme and color to allow impaired persons to 'T'md their own home". The neighborhood location will allow farnilies, friends and neighbors to visit easily, while allowing persons with memory problems a longer time to "stay in their o,am neighborhood". Thc aging ofour population will increase the need for Alzheimer's specific care at various periods m the progression of the dis~a~. Manor Care's Arden Court seems to address this need in a rlign/fied appwach. Sincerely, Sharon M. Bass, VP Rehabilitahon/Subncute Service Line Cat/lion Health System Martha Anderson, Geriatric Nurse Specialist Rehabilitation/Subacute Sc'rvice Line Carillon Health System 215 Chun~ Ave, SW ltoanole, YA 24011 treble a ~ ~ ~s ~ ~ ~ a ~ ~ a residenthl ~ while 'llmma~ W. Pierce, Ph.D. 417 Sanford St. Apt H Radford, VA 24141 (f,40) 731-43'/6 (n) TOTRI= P. EI~ ' ~~~) Henrico County Public Schools Lakeside Elementary School · 6700 Cedar Croft Street · Riehmon,I, VA 23228 September 38, 1997 Dear Sir or Madam: Manor Care is a health care facility for older citizens that is located within walking distance of Lakeside Elementary School. In our mobile society, many of our students have limited opportunities for contact with older relatives. Christina Byrne, Activities Director, Manor Care, indicated the residents' need for consistent interaction and frequent visitation. Therefore, in the fall of 1996, Lakeside Elementary School and the Lakeside PTR developed a partnership with Manor Care to involve our students with the residents. Our goal was to involve our youth with older community members, allowing each to learn from the other. Two classes per month uisited Manor Care from September 1996- May 1997. Students participated in craft actiuities, making seasonal collages and holidaU table decorations, performed songs and skits, made cards, shared life experiences, and read original poetry and stories with the residents. Our partnership with Manor Care was most beneficial to our students. It prouided opportunities for comparing current school and community with past school and cOmmunity, career awareness as residents shared their career experiences, deueloping a sense of community as students established relationships with the residents, learning about and experiencing being a good citizen, reinforcement · and practice in the use of appropriate social skills. So successful was our partnership that we will continue and expand our program for the current school uear. Sincerely, Patricia W. Button School Counselor Lakeside Elementaru School September 24, 1997 TO WHOM IT MAY CONCERN: My name is Clara Earp and I reside at 2000 Timberlake Avenue, Richmond, Virginia. I have been a resident of the area for over twenty years. The ManorCare Health Service - Stratford Hall Facility is also located in the immediate vicinity. During the past years, I have become quite familiar with the Manor including the staff and a number of the residents. Management is most cooperative in rendering any assistance they can to the community and a close relationship between the Manor and the community has developed over the years. They participate in numerous Lakeside area projects - plus permit various organizations to utilize their conference room for monthly board meetings and other type meetings at no charge. The public relations is outstanding. The outside grounds are always immaculate with no litter, high grass, etc. I can truthfully say, I have never been inside the buildings that cleanliness was not highly noticeable. In addition, at no time have I observed or heard that residents of the Manor were seen roaming the grounds or the surrounding areas in a confused or disorderly manner. Neither can I recall any complaint being made by the businesses or residents of the area, as to improper clothing or residents causing a disturbance of any kind. To put it mildly, I feel we are fortunate to have ManorCare Health Service in our area, it is not only a pleasure, but a great asset to our community. Sincerely, Clara Earp ; Lakeside Resident September 21, 1997 TO WHOM IT MAY CONCERN: My name is Miriam Stinchfield and I live at 7000 Hermitage Road which is located diagonally across the street from ManorCare Health Services Stratford Hall. I have lived at this address for more than 40 years and watched Stratford Hall as it was built and the additions as they came later. The area where Stratford Hall is located was residential. At the time of re-zoning, many of the residents were concerned. After attending meetings and listening to ManorCare's plans there was no opposition. They fullfilled and continue to fulfill their commmitments, after 30 years, and the neighborhood feels Stratford Hall has been and continues to be an asset to our community. The owners and managers have always been very civic minded. Stratford Hall serves as a voting precinct for the area, the Parks and Recreation of Henrico County utilizes space at the Assisted Living Building for the Men's billiards group on a regular basis and several groups uses the buildings for meeting places. I am a retired registered nurse and frequently spend time in my yard. I have never observed any of the residents out wandering around inappropriately. The grounds are always kept immaculately and with irrigation they have beautiful green lawns at all times. Sincerely, 7000 Hermitage Road Richmond, VA 23228 September 25, 1997 TO WHOM IT MAY CONCERN: My name is Margaret Goodman and I live at 6805 Hermitage Road. The back of my property adjoins ManorCare Health Services - Stratford Hall's property. In the event a new facility would be build by ManorCare I would like for you to know that I have been a neighbor of Stratford Hall for over 30 years. My Mother was a patient at Stratford Hall. Her care was more than adequate. It was like a home away from home. She was always clean, well fed, and she had activities necessary for her physical and mental progress. I feel there is a great need for facilities to care for our loved ones. While many of us would like to care for them, the practical point is in many cases we cannot. My Mother in-law was also a patient at Stratford Hall and died there many years ago. Stratford Hall is like a close neighbor that you can depend on. The maintenance personnel have assisted me when the need arose. It is well kept in appearance and a real asset to our community. As you can see I have had both personal and business experience with Stratford. Last, but not least by any means, is the Administrator. Her name is Vivian Thomas. She is ManorCare and under her guidance and supervision, I consider this facility to be the Cadillac in the industry. Sincerely, Margaret Goodman 6805 Hermitage Road Richmond, VA 23228 September 24, 1997 TO WHOM IT MAY CONCERN: My name is Virginia A. Taylor and I live at 2102 Hilliard Road which is directly across the street from ManorCare Health Services -Stratford Hall. I have lived at this address for 40+ years and have watched the growth of the nursing facility. We had concerns when a nursing home was proposed. We attended all the the zoning meetings and reviewed the plans that were proposed. After many meetings and much discussion, we decided a nursing home would be preferable to any possible future undesirable use of the property so we agreed to the zoning change. We have never regretted our decision. One has to remember this was in the early 60's before Medicare and Medicaid. The Nursing home industry was truly in its infancy. Stratford Hall has been a wonderful neighbor. We were concerned about traffic but this has never presented a problem. The grounds are always beautifully kept with seasonal changes in flowers. The neighborhood considers Stratford Hall an asset to the community in every way. ~ely, ~ 2102 Hilliard Road Richmond, VA 23228 Public hearing on the request of ManorCare Health Services, Inc., and Roanoke Lodge No. 197, Benevolent and Protective Order of Elks of the United States of America, that a tract of land containing 3.628-acres, more or less, located at 1147 Persinger Road, S. W., being a portion ~,f Official Tax No. 1260214, be rezoned from RS-2, Residential Single Family District, to RM-2, Residential Multifamily, Medium Density District, subject to certain conditions proffered by the petitioners. Maryellen F. Goodlatte, Attorney. COPIES: Commumcation Report Petition Ordinance Resolution Other COPIES SENT TO: MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 January 8,1998 File #51 SANDRA H. EAKIN Deputy City Clerk Jack L. and Janet F. Bennet 2726 Willowbrook Drive, N. E. Roanoke, Virginia 24012 Dear Mr. and Mrs. Bennett: I am enclosing copy of Ordinance No. 33687-010598, rezoning a tract of land located at 639 Liberty Road, N. E., Official Tax No. 3131003, from HM, Heavy Manufacturing District, to LM, Light Manufacturing District, subject to certain proffers contained in a petition filed in the City Clerk's Office on October 9, 1997. The abovereferenced measure was adopted by the Council of the City of Roanoke on its first reading on Monday, December 15, 1997, also adopted on its second reading on Monday, January 5, 1998, and will be in full force and effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMClAAE City Clerk MFP:Io Enclosure pc: Blue Stone Block, Incorporated, P.O. Box 12546, Roanoke, Virginia 24026 Interstate Brands Corporation, Attn. Tax Department #250000W0, P.O. Box 419627, Kansas City, Missouri 64141 Bernie and Martha Young, 2407 Plantation Road, N. E., Roanoke, Virginia 24012 lan and Phyllis Smith, and Wallace and Amber Martin, 8164 Hunters Trail, Roanoke, Virginia 24019 H:t~AQENDAg~dAN~.~ Jack L. and Janet F. Bennet January 8, 1998 Page 2 pc: Kimball Developers, P.O. Box 5068, Roanoke, Virginia 24012 Ronald and Nancy Horn, 2401 Plantation Road, N. E., Suite C., Roanoke, Virginia 24012 P & L Inc., 2401 Plantation Road, N. E., Roanoke, Virginia 24019 W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney Steven Jo Talevi, Assistant City Attorney John R. Marlles, Agent, City Planning Commission Martha P. Franklin, Secretary, City Planning Commission Evelyn D. Dorsey, Zoning Administrator Ronald H. Miller, Building Commissioner IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of January, 1998. No. 33687-010598. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 313, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. WHEREAS, Jack and Janet Bennett, have made application to the Council of the City of Roanoke to have the hereinafter described property rezoned from HM, Heavy Manufacturing District, to LM, Light Manufacturing District, subject to certain conditions proffered by the applicant; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by S36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said application at its meeting on December 15, 1997, after due and timely notice thereof as required by S36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that S36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 313 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: New Lot 2, Block 12 and 14, Map of Laurel Terrace, located at 639 Liberty Road, N.E., and designated on Sheet No. 313 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 3131003, be, and is hereby rezoned from HM, Heavy Manufacturing District, to LM, Light Manufacturing District, subject to the proffers contained in the Petition filed in the Office of the City Clerk on October 9, 1997, and that Sheet No. 313 of the Zone Map be changed in this respect. ATTEST: City Clerk. H:\ORD-R£Z%O-BENN. l MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 December 8, 1997 File #51 SANDRA H. EAKIN Deputy City Clerk Jack L. and Janet F. Bennett 2726 Willowbrook Drive, N. E. Roanoke, Virginia 24012 Dear Mr. and Mrs. Bennett: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing to be held on Monday, December 15, 1997, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Roanoke City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W., on your request that a tract of land located at 639 Liberty Road, N. E., containing .75 acres, more or less, identified as Official Tax No. 3131003, be rezoned from HM, Heavy Manufacturing District, to LM, Light Manufacturing District, subject to certain conditions proffered by the petitioners. The City Planning Commission has recommended approval of the request inasmuch as the requested LM, Light Manufacturing District, is a logical extension of the existing LM zoning district to the north and west of the subject area, and is in keeping with the recommendations as set forth in the Comprehensive Plan. A copy of the City Planning Commission report may be obtained by calling the City Clerk's Office at 853-2541. MFP:js Sincerely, Mary F. Parker, CMC/AAE City Clerk Jack L. and Janet F. Bennett December 8, 1997 Page 2 pc: Blue Stone Block, Incorporated, P. O. Box 12546, Roanoke, Virginia 24026 Interstate Brands Corporation, Attn. Tax Department #250000W0, P. O. Box 419627, Kansas City, Missouri 64141 Bernie and Martha Young, 2407 Plantation Road, N. E., Roanoke, Virginia 24012 lan and Phyllis Smith, and Wallace and Amber Martin, 8164 Hunters Trail, Roanoke, Virginia 24019 Kimball Developers, P. O. Box 5068, Roanoke, Virginia 24012 Ronald and Nancy Horn, 2401 Plantation Road, N. E. Suite C, Roanoke, Virginia 24012 ' P & L Inc., 2401 Plantation Road, N. E., Roanoke, Virginia 24019 MARY E PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 December 8, 1997 File #51 SANDRA H. EAKIN Deputy City Clerk Jack L. and Janet F. Bennett 2728 Willowbrook Drive, N. E. Roanoke, Virginia 24012 Dear Mr. and Mrs. Bennett: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing to be held on Monday, December 15, 1997, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Roanoke City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W., on your request that a tract of land located at 639 Liberty Road, N. E., containing .75 acres, more or less, identified as Official Tax No. 3131003, be rezoned from HM, Heavy Manufacturing District, to LM, Light Manufacturing District, subject to certain conditions proffered by the petitioners. The City Planning Commission has recommended approval of the request inasmuch as the requested LM, Light Manufacturing District, is a logical extension of the existing LM zoning district to the north and west of the subject area, and is in keeping with the recommendations as set forth in the Comprehensive Plan. A copy of the City Planning Commission report may be obtained by calling the City Clerk's Office at 853-2541. MFP:js Sincerely, Mary F. Parker, CMC/AAE City Clerk Jack L. and Janet F. Bennett December 8, 1997 Page 2 pc: Blue Stone Block, Incorporated, P. O. Box 12546, Roanoke, Virginia 24026 Interstate Brands Corporation, Attn. Tax Department #250000W0, P. O. Box 419627, Kansas City, Missouri 64141 Bernie and Martha Young, 2407 Plantation Road, N. E., Roanoke, Virginia 24012 lan and Phyllis Smith, and Wallace and Amber Martin, 8164 Hunters Trail, Roanoke, Virginia 24019 Kimball Developers, P. O. Box 5068, Roanoke, Virginia 24012 Ronald and Nancy Horn, 2401 Plantation Road, N. E. Suite C, Roanoke, Virginia 24012 P & L Inc., 2401 Plantation Road, N. E., Roanoke, Virginia 24019 MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 December 8, 1997 File #51 SANDRA H. EAKIN Deputy City Clerk Jack L. and Janet F. Bennett 2726 Willowbrook Drive, N. E. Roanoke, Virginia 24012 Dear Mr. and Mrs. Bennett: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing to be held on Monday, December 15, 1997, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Roanoke City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W., on your request that a tract of land located at 639 Liberty Road, N. E., containing .75 acres, more or less, identified as Official Tax No. 3131003, be rezoned from HM, Heavy Manufacturing District, to LM, Light Manufacturing District, subject to certain conditions proffered by the petitioners. For your information, I am enclosing copy of a notice of the public hearing, an Ordinance and a report of the City Planning Commission with regard to the request for rezoning. Please review the documents and if you have questions, you may contact Steven J. Talevi, Assistant City Attorney, at 853-2431. Questions with regard to the Planning Commission report should be directed to John R. Marlles, Agent, City Planning Commission, at 853-2344. Jack L. and Janet F. Bennett December 8, 1997 Page 2 It will be necessary for you, or your representative, to be present at the December 15 public hearing. Failure to appear could result in a deferral of the matter until a later date. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:js Enc. Ad Number: 683908 Publisher's Fee: $125.80 JACK L. BENNETT 2726 WILLOWBROOK DRIVE ROANOKE, VA 24012 The Roanoke Times STATE of VIRGINIA CITY of ROANOKE AFFIDAVIT of PUBLICATION I, (the undersigned) an authorized representative of the Times-World Cor- poration, which corporation is publisher of The Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: 11/26/97 FULL RUN - Wednesday 12/03/97 FULL RUN - Wednesday Witness, this 4th day of December 1997 Authorized Signature NOTICE OF PUBUC HEARING TO WHOM IT MAY CONCERN: Pumuant to the provlMor~ of Article VII of Cheptor 36.1, Code of the City of RoanOke (1979), lit amended, the Coun- cil of th~ City of Roamoke will hold · Publl~ He~lrlll~ on Mon- day, .~ber 15, 1997, 8t 7:00 P.m,, In the Coundil ChamBer In the Municipal Building, 215 Chumh Aveflu~, $,W,, o~ the question of rezon- lng from HM. Heavy M~nuf~c. turlng Dt~thct, to LM, ~ Menufm:turlng D/~rlct, the fol. New Lot 2, Blogk /2 ~md 14, Map o)' Laurel Terrlce, Ioe. atod at. ~39 Uberty ROSd,. N.E.,' and bearing Official Tax No. 3131003i au~ to certain proffemcl eondltlona. A copy of thla Proposal I~ ~W~ll. able for public In~e~tlofl In the Ofllce of the 'City Cle~, Room 456, Municipal Building, All partlea In Intreat may appear on the alx~ve ~ and be GIVEN under my ~ thl= 24th day of NovemUm,, 1997~ Mary F, Parker; Cay edmk. NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant to the provisions of Article VII of Chapter 36.1, Code of the City of Roanoke (1979), as amended· the Council of the City of Roanoke will hold a Public Hearing on Monday· December 15, 1997· at 7:00 p.m., in the Council Chamber in the Municipal Building· 215 Church Avenue· S.W., on the question of rezoning from HM, Heavy Manufacturing District, to LM, Light Manufacturing District· the following property: New Lot 2, Block 12 and 14, Map of Laurel Terrace, located at 639 Liberty Road· N.E., and bearing Official Tax No. 3131003, subject to certain proffered conditions. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456· Municipal Building. All parties in interest may appear on the above date and be heard on the question. GIVEN under my hand this 24th day of November · 1997. Mary F. Parker, City Clerk. H:\NOTICE~N-BENN. 1 RECE'~¥E.G CITY Ct_,-"'p,~"~ IbF:'~=Ii~F AIO :42 Roanoke City Planning Commission Mr. Jack Bennett 2726 Willowbrook Drive Roanoke, VA 24012 November 6, 1997 Dear Mr. Bennett: Subject: Request to rezone 639 Liberty Road, N.E., Official Tax No. 3131003 from HM to LM, conditional On November $, 1997 the Roanoke City Planning Commission considered your request and recommended approval. The public hearing before City Council will be scheduled for December 1S, 1997. P/ease contact the City Clerk's Office at 853-2541 for the specifics relative to your public hearing. Sincerely, CC.' Mary F. Parker, City Clerk Martha p. Franklin, Secretary Roanoke City Planning Commission RECEIVED CITY CLERKS TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA 'cji OCT 28 ,o, 3:07 PERTAINING TO THE REZONING REQUEST OF: Jack and Janet Bennett for property located at 639 Liberty ) Road, N.E., Official Tax No. 3131003, from HM to LM, ) AFFIDAVIT conditional ) COMMONWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.1-341, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 27th day of October, 1997, notices of a public hearing to be held on the 5th day of November, 1997, on the rezoning captioned above to the owner or agem of the parcels listed below at their last known address: Parcel 0wner's Name 3131001 Blue Stone Block, Inc. 3130209 3130916 3130919 Interstate Brands Corporation Attention: Tax Dept. #250000W0 Applicant Bernie and Martha Young 3130920 3130921 Ian and Phyllis Smith Wallace and Amber Martin Kimball Developers 3130922 Ronald andNancy Horn 3130923 P & L Inc. Martha Pace Franklin Mailing, Address P.O. Box 12546 Roanoke, VA 24026 P. O. Box 419627 Kansas City, MO 64141 2407 Plantation Road, NE Roanoke, VA 24012 8164 Hunters Trail Roanoke, VA 24019 P. O. Box 5068 Roanoke, VA 24012 2401 Plantation Road, Suite C Roanoke, VA 24012 2401 Plantation Road, NE Roanoke, VA 24019 SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 27th day of October, 1997. . ~ 7 ' ~'~N'~ta~y ~'~l'c /-- RECEIVED NOTICE OF PUBLIC HEARING BEFORE THE ROANOKE ~_,~T¥ ~iCDMMISSION TO WHOM IT MAY CONCERN: '9'/ lET 20 P 3:50 The Roanoke City Planning Commission will hold a public hearing on Wednesday, November 5, 1997, at 1:30 p.m. or as soon as the matter may be heard, in the City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S.W., in order to consider the following: Request from Jack and Janet Bennett that a portion of property located at 639 Liberty Road, N.E., Orificial Tax No. 3131003, currently zoned HM, Heavy Manufacturing District, be rezoned to LM, Light Manufacturing District, such rezoning to be subject to certain conditons proffered by the petitioner. A copy of said application is available for review in the Department of Planning and Community Development, Room 162, Municipal Building. All parties in interest and citizens may appear on the above date and be heard on the matter. Martha P. Franklin, Secretary Roanoke City Planning Commission Please print in newspaper on Tuesday, October 21 and October 28, 1997. Please bill and send affidavit to: Department of Planning and Community Development Room 162, Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 (540) 853-1230 (fax) MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 October 10, 1997 File #51 SANDRA H. EAKIN Deputy City Clerk Gilbert E. Butler, Jr., Chairperson City Planning Commission 3406 Exeter Street, S. W. Roanoke, Virginia 24014 Dear Mr. Butler: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a petition from Jack L. and Janet F. Bennett, requesting that a tract of land located at 639 Liberty Road, N. E., containing .75 acres, more or less, identified as Official Tax No. 3131003, be rezoned from HM, Heavy Manufacturing District, to LM, Light Manufacturing District, subject to certain conditions proffered by the petitioners. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:se Enc. H:kREZONING,97~SPRINGWO.VVPD Gilbert E. Butler, Jr., Chairperson City Planning Commission October 10, 1997 Page 2 13c~ The Honorable Mayor and Members of the Roanoke City Council Jack L. and Janet F. Bennett, 2726 Willowbrook Drive, Roanoke, Virginia 24012 John R. Marlles, Agent, City Planning Commission Martha P. Franklin, Secretary, City Planning Commission Evelyn D. Dorsey, Zoning'Administrator Ronald H. Miller, Building Commissioner Steven J. Talevi, Assistant City Attorney H:\REZONING,97\SPRINGWO.WPD RECEIVED -"'~V CLERKS OFFICE IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RF_,: [lr l -9 ? 1:18 Rezoning of a tract of land lying New Lot 2, Blk 12 and 14, Laurel Terrace, Liberty Road NE, Roanoke, Va., Tax #3131003, from HM to LM, such rezoning to be subject to certain conditions. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioners, Jack Bennett and Janet Bennett, own land in the City of Roanoke containing 3/4 acres, more or less, located at 639 Liberty Road NE, Roanoke, Va., Tax #3131003. Said tract is currently zoned LM/HM. A map of the property to be rezoned is attached as Exhibit 1. Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioners request that the said property be rezoned from HM District to LM District, subject to certain conditions set forth below, for the purpose of a general service establishment for automobile repair. The Petitioners believe the rezoning of the said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will change zoning of small tract half riM and halfLM to be utilized as all LM. The Petitioners hereby proffer and agree that if the said tract is rezoned as requested, that the rezoning will be subject to, and that the Petitioners will abide by the following conditions: That the property will be developed in substantial conformity with the site plan prepared by Jack Bennett, dated October 7, 1997, a copy of which is attached to the Petition for Rezoning as Exhibit 2, subject to any changes required by the city during site plan review. That if no building permit has been issued and no construction commenced within three years from the date of final zoning approval, the zoning shall revert to HM without further action by City Council. Attached as Exhibit 3 are the names, addresses and tax numbers of the owner or owners of all lots or property immediately adjacent to, immediately across a street or road from the Property to be rezoned. Whereas, the Petitioners request that the above described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this day of ~) e_~ ,1997. Respectfully submitted, By: ~ Jack L. Bennett Janet F. Bennett 2726 Willowbrook Drive Roanoke, Va. 24012 MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 January 8,1998 File #51 SANDRA H. EAKIN Deputy City Clerk Edward A. Natt, Attorney Osterhoudt, Ferguson, Natt, Aheron & Agee P.O. Box 20068 Roanoke, Virginia 24018-0007 Dear Mr. Natt: I am enclosing copy of Ordinance No. 33688-010598, amending the proffered conditions for rezoning of a tract of land located at the north end of Griffin Road, S. W., adjacent to the east side of Franklin Road, U. S. Route 220, containing 13.81 acres, more or less, identified as Official Tax No. 5480712, from RS-3, Residential Single-Family District, to C-2, General Commercial District, and RPUD, Residential Planned Unit Development District, which rezoning was previously approved by the Council of the City of Roanoke, pursuant to Ordinance No. 32867-040196 adopted on April 1, 1996, with the original proffers relating to said property having been amended pursuant to Ordinance No. 33355- 050597 adopted on May 5, 1997. The abovereferenced measure was adopted by the Council of the City of Roanoke on its first reading on Monday, December 15, 1997, also adopted on its second reading on Monday, January 5, 1998, and will be in full force and effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMClAAE City Clerk MFP:Io Enclosure H:~AGENDA~dANB.WPD Edward A. Naif January 8,1998 Page 2 pc: Thomas and Mildred Webb, 4236 Roy Drive, S. W., Roanoke, Virginia 24014 Beulah M. Webb, 1797 Wades Gap, Calloway, Virginia 24067 Alvin and Jeanette Turner, 6211 Central Avenue, Capital Heights, Maryland 20743 Gwynn and Eileen P. Board, and James and Sarah Peters, 6265 Fairway Forest Drive, S. W., Roanoke, Virginia 24018 George and Fore Chioros, 3929 Three Chop Lane, S. W., Roanoke, Virginia 24014 Wayne J. And Connie B. Maddox, 3924 Three Chop Lane, S. W., Roanoke, Virginia 24014 William H. Franklin, 304 Coventry Lane, S. W., Roanoke, Virginia 24014 Andrew and Carolyn Cochrane, 301 Coventry Lane, S. W., Roanoke, Virginia 24014 Robert and Patricia Kime, 3712 Alton Road, S. W., Roanoke, Virginia 24014 Hunter J. And Ann I. Miller, 3706 Alton Road, S. W., Roanoke, Virginia 240~ Roy and Dawn Meyers, 3702 Alton Road, S. W., Roanoke, Virginia. · -' Teodulo and Fe M. Remandaban, 3839 Bosworth Drive, S. W., Roa~ ~lnia 24014 Elizabeth C. Shackelford, 3841 Bosworth Drive, S. W., Roanoke, Virgin~:)14 Branch Shivers, 3904 Franklin Road, S. W., Roanoke, Virginia 24014 Withers and Janet Burress, 3849 Bosworth Drive, S. W., Roanoke, Virgin~ Cliff Shepherd, 3820 Bosworth Drive, S. W., Roanoke, Virginia 24014 Karen Terry, 4251 Joplin Road, S. W., Roanoke, Virginia 24014 David Brt?~, 428 Darwin Road, S. W., Roanoke, Virginia 24014 W. Rob~ ,rbert, City Manager Wilburn 13ling, Jr., City Attorney Steven ,~_~,levi, Assistant City Attorney John R. Marlles, Agent, City Planning Commission Martha P. Franklin, Secretary, City Planning Commission Evelyn D. Dorsey, Zoning Administrator Ronald H. Miller, Building Commissioner IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of January, 1998. No. 33688-010598. AN ORDINANCE to amend §§36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 548, Sectional 1976 Zone Map, City of Roanoke, in order to amend certain conditions presently binding upon certain property previously conditionally zoned C-2, General Commercial District. WHEREAS, Springwood Associates, LLC, filed an application to the Council of the City of Roanoke to amend certain conditions presently binding upon a tract of land located on the north end of Griffin Road adjacent to the east side of Franklin Road, S.W., and being further identified as Official Tax No. 5480712, which property was previously conditionally rezoned by the adoption of Ordinance No. 32867-040196, adopted April 1, 1996, and the original proffered conditions were amended by Ordinance No. 33355-050597, adopted May 5, 1997; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by ~36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said application at its meeting on December 15, 1997, after due and timely notice thereof as required by ~36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed amendment; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the conditions now binding upon the above-described property should be removed as requested and replaced by the proffers contained in the Second Amended Petition to Change Proffered Conditions filed in the City Clerk's Office on November 10, 1997. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that SS36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 548 of the Sectional 1976 Zone Map, City of Roanoke, be amended to reflect the changes in proffered conditions as shown in the Second Amended Petition to Change Proffers filed in the City Clerk's Office on November 10, 1997, and as set forth in the report of the Planning Commission dated December 15, 1997. ATTEST: City Clerk. H?,ORD-REZ~O-SPRING. 1 C RECEIVED C~. E,~,~',.,~ OF: CITY ' '~'""~ . · 07 3 P4!! Roanoke City Planning Commission December 15, 1997 Honorable Mayor David A. Bowers and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request from Springwood Associates, LLC, represented by Edward A. Natt, Attorney, to amend conditions proffered in conjunction with the previous rezoning of property located at Franklin and Griffin Roads, S. W., designated as Official City Tax Number 5480712. I. Background: Ao Subject property (13.81 acres) was conditionally rezoned in April of 1996 from RS-3, Single Family Residential District to C-2, Commercial, and RPUD, Residential ~ Planned Unit Development for the purposes of constructing two commercial buildings (approximately 25,000 sf and 12,000 sf respectively), three buildings containing 36 condominiums, and 21 single family, detached residences. Several meetings with residents of the Edgewood neighborhood were held to resolve issues regarding traffic access, buffering of adjacent residential homes, the types of commercial uses, and the design of the proposed buildings. Conditions of the rezoning were amended in May of 1997 to reflect a change in the development plan to reduce grading, which resulted in the re-location of the proposed access road and shifting of some of the buildings. There was no opposition to the proposed change in conditions. C. The existing proffered conditions on the property are as follows: The property will be developed in substantial conformity with the site plan prepared by Shanks Associates, P. C., dated March 5, 1997 revised April 7, 1997, a copy of which is attached to this Petition, subject to any changes required during development plan review. A minimum of two (2) rows of Leland Cypress trees, a minimum of 6 feet in height on ten (10) foot staggered centers, will be installed at the commencement of construction of the project. Said trees shall be planted and thereafter maintained in the side yard area on the northerly side of the property; said buffer to extend from the easterly end of the property of William H. Room 162 Municipal Building 215 Church Avenue, S.W. Roanoke, Vir?inia 24011 (540) 853-2344 Members of Council Page 2 o Franklin (Tax Map 1170807) and shall further be located along the boundary of the property adjoining Official Tax No. 1171003. The following uses shall be the only permitted uses in he C-2 District: (A) Non-Profit Counseling Facilities and Services (B) Trade, Business and Art Schools of a Nonindustrial Nature (C) Churches, Synagogues and other places of worship (12)) Library, Museums, Art Galleries and other similar uses including associated educational and instructional activities. (E) Community Centers (F) Post Office (G) Indoor recreational uses including bowling alleys, indoor tennis courts, fitness centers and other similar uses (H) Theaters with unlimited seating capacity (I) General and professional offices including financial institutions (J) Medical clinics (K) Medical offices (L) Funeral Homes (M) General service establishments primarily engaged in the repair or maintenance of goods or items except automobiles, trucks or construction equipment, and including the provision of business and personal services and other similar uses. (N) General retail establishments primarily engaged in the retail sale or rental of merchandise, goods, or products except automobiles, trucks, or Construction equipment; and including the incidental repair and assembly of merchandise, goods or products to be sold on the premises. (0) Auto accessory sales without related installation on premises. (P) One restaurant with a gross floor area of 2,000 square feet or less; provided that any restaurant shall be located within the commercial buildings shown on the site plan. Any restaurant shall include state of the art odor abatement equipment. (Q) Food stores not greater than 5, 000 square feet in gross floor area. That the uses permitted in the RPUD District shall be limited to the following: (A) Single Family Detached Dwellings (B) Multi-Family Dwellings (C) Parks and Playgrounds The condominium units and the single family residences constructed in the RPUD District shall have a minimum of 1,600 square feet of liveable floor space above ground and shall further average at least 1,800 square feet of living area per unit above ground, not including porches or garages. Each of the structures constructed as a condominium building shall contain an enclosed parking garage and elevator within the building. Members of Council Page 3 The water lines, storm water facilities, sewer lines and streets constructed on the property shall be constructed to a minimum of 550 feet from the west property line prior to the commencement of construction of any commercial development on the south side of the road. A building permit shall be issued for residential construction in the RPUD area prior to the issuance of a building permit for the commercial construction. This shall not preclude the issuance ora land disturbing and street opening permits for the commercial site and related work, including installation of utilities and curb and gutter on the north side of the private road prior to commencement of the RPUD construction. o No dumpsters shall be located in any buffer zone identified on the proffered site plan. The roads within the proposed 13.831 acres development will not be extended to connect to any street or road now, or at any time in the future, to provide access to any lot or parcel identified as part of the Edgehill Corporation (Plat Book 1, page 340) and Edgehill Estates, Sections 1, 2, 3 and 4 (Plat Book 3, page 212, Plat Book 3, page 265, Plat Book 5, page 14, Plat Book 5, page 11, respectively) Subdivisions. 10. That all residences shall have flame construction with either 50% brick or drivit exteriors and the balance to be brick, drivit and/or wood or wood or vinyl siding with all exteriors being constructed with all such materials extending to grade. 11. The HVAC units for the commercial buildings will not be located on the roofs of commercial buildings in Phase I or Phase II. II. Existing Situation: A. Petitioners have interested new commercial users that include a hotel and a 5,000 sfrestaurant_ The proffered conditions do not permit these uses. Bo First petition to amend proffered conditions was filed on 10/9/97. Second amended petition to amend proffered conditions was filed on 11/10/97, following the Planning Commission meeting where the conditions were verbally proffered. The conditions are as follows (changes proposed are shown in italics: The property will be developed in substantial conformity with the site development plan prepared by Shanks Associates, PC, dated October 6, 1997, a copy of which is attached to this petition as Exhibit "C", subject to any changes required during development plan review. The 36, 000 square feet building shall not exceed 3 stories in height and shall Members of Council Page 4 be constructed of brick, drivit or equivalent, or siding to grade with interior corridors only. A minimum of two (2) rows of Leland Cypress trees, a minimum of 6 feet in height on ten (10) foot staggered centers, will be installed at the commencement of construction of the project. Said trees shall be planted and thereafter maintained in the side yard area on the northerly side of the property; said buffer to extend from the easterly end of the property of William H. Franklin (Tax Map No. 1170807) and shall be located along the boundary of the property adjoining official tax no. 1171003. o The following uses shall be the only permitted uses in he C-2 District: (A) (C) (D) (V) (a) Non-Profit Counseling Facilities and Services Trade, Business and Art Schools of a Nonindustrial Nature Churches, Synagogues and other places of worship Library, Museums, Art Galleries and other similar uses including educational and instructional activities. Community Centers Post Office (H) (I) (J) (K) (L) (lVO (0) (P) (Q) associated Indoor recreational uses including bowling alleys, indoor tennis courts, fitness centers and other similar uses Theaters with unlimited seating capacity General and professional offices including financial institutions Medical clinics Medical offices Funeral Homes General service establishments primarily engaged in the repair or maintenance of goods or items except automobiles, trucks or construction equipment, and including the provision of business and personal services and other similar uses. General retail establishments primarily engaged in the retail sale or rental of merchandise, goods, or products except automobiles, trucks, or Construction equipment; and including the incidental repair and assembly of merchandise, goods or products to be sold on the premises. Auto accessory sales without related installation on premises. One (1) Restaurant with a gross floor area of S, 000 square feet or less; any restaurant shall include state of the art odor abatement equipment designed to abate the disbursement of cooking odors to the outdoors. Food stores not greater than 5, 000 square feet in gross floor area. Hotel, motel & inn with interior corridors. ° That the uses permitted in the RPUD District shall be limited to the following: (A) Single Family Detached Dwellings (B) Multi-Family Dwellings (C) Parks and Playgrounds Members of Council Page 5 The condominium units and the single family residences constructed in the RPUD District shall have a minimum of 1,600 square feet of liveable floor space above ground and shall further average at least 1,800 square feet of living area per unit above ground, not including porches or garages. Each of the structures constructed as a condominium building shall contain an enclosed parking garage and elevator within the building. o The water lines, storm water facilities, sewer lines and streets constructed on the property shall be constructed to a minimum of 550 feet from the west property line prior to the commencement of construction of any commercial development on the south side of the road. o 10. 11. 12. A building permit shall be issued for residential construction in the RPUD area prior to the issuance of any building permit for commercial construction. This shall not preclude the issuance ora land disturbing and street opening permit for site and related work for the commercial development, including installation of utilities and curb and gutter on the north side of the private road prior to commencement of the RPUD construction. No dumpsters shall be located in any buffer zone identified on the proffered site plan. The roads within the proposed 13.831 acres development will not be extended to connect to any street or road now, or at any time in the future, to provide access to any lot or parcel identified as part of the Edgehill Corporation (Plat Book 1, page 340) and Edgehill Estates, Sections 1, 2, 3 and 4 (Plat Book 3, page 212, Plat Book 3, page 265, Plat Book 5, page 14, Plat Book 5, page 11, respectively) Subdivisions. That all residences shall have frame construction with either 50% brick or drivit exteriors and the balance to be brick, drivit and/or wood or wood or vinyl siding with all exteriors being constructed with all such materials extending to grade. The HVAC units for the 36, 000 square foot building will not be located on the roof of the commercial building. Signage on the 36, 000 square foot building shall face the parking lot or the road frontage. The combined surface area of aH signs on each of the commercial lots, including signs erected in a required yard, shall not exceed 2.5 square feet for each foot of lot frontage for the first one hundred feet of lot frontage, and an additional 1.0 square feet for each foot of lot frontage remaining for each lot. Planning Commission public hearing was held on 11/5/97. Mr. Ed Natt discussed the request with the Commission. There was no opposition to the requested changes in the conditions. Mrs. Duerk advised that she objected to the lack of pedestrian sidewalks within the commercial development and parking lots. The Commission recommended approval of the change in conditions by a vote of 4-1 (Messrs. Hill, Manetta, Rife and Butler voting for the request; Mrs. Duerk voting in opposition to the request). Members of Council Page 6 III. Issues: Zoning of the property_ is conditional C-2 and RPUD. Conditions were developed in conjunction with numerous meetings with adjacent property owners, neighborhood residents, and planning staff. Bo Land use 0fthe property is limited to those permitted by the existing conditions of the rezoning. Residents previously objected to restaurants because of the cooking odor that could be dispersed into the neighborhood. C. Utilities for water and sewer are available to the property. Eo IV. A. Traffic access for the development is proposed from Route 220, Franklin Road at the Frontage Road and from Southern Lane (a future development south of this property is proposing access to a traffic signal at Route 220 and Southern Hills Drive/Southern Lane). A traffic study was completed in 1996 for the proposed commercial/residential project. Based upon the new trips to be generated, it was determined that an acceptable level of service would continue at the intersection of Frontage Road and Route 220, although delays for le~ hand turning movements may be experienced during peak hours. Neighborhood residents of Edgehill were involved in previous rezoning requests. Residents of Southern Hills also commented on the request. Previously, traffic and access were primary issues. F. Comprehensive Plan recommends that: Development of new commercial areas in the city should be carefully planned and designed to promote quality development and good land use. New housing and housing types should be encouraged to respond to current needs and trends including changing family structures, household composition and economic conditions. New housing development should be carefully designed to relate well to the existing neighborhood character. Alternatives: City Council approve the changes in conditions of the rezoning. Zoning conditions are amended to include a revised development plan and changes in the commercial uses provided for. Land uses are expanded to include hotel, motel, & inn and one restaurant of 5,000 square feet or less. Members of Council Vo GEB:mpf attachment cc: Assistant City Attorney Attorney for the petitioner Utilities can be provided. Traffic access is as originally proposed with primary access from the Frontage Road and secondary access from Southern Lane. Traffic generated by proposed new uses would not drastically change anticipated commercial traffic volumes. 5. Neighborhood residents have called to ask question.~ regarding the change in conditions. 6. Comprehensive Plan can be followed. City Council deny the changes in the conditions of the rezoning. 1. Zoning of the subject property remains intact. Conditions remain as previously stated. 2. Land use of the property is limited to those uses provided for in the conditions of the rezoning. The development cannot include a hotel, motel & inn or a restaurant of 5,000 square feet or less. 3. Utilities can be provided. 4. Traffic and access remains unchanged and as previously determined. 5. Neighborhood residents agreed to the previous change in conditions. 6. Comprehensive Plan can be followed. Recommendation: The Planning Commission recommended that City Council approve the request for the change in conditions of the rezoning by a vote of 4-1 (Messrs. Hill, Manetta, Rife and Butler voting in favor of the request; Mrs. Duerk voting in opposition of the request and Mr. Chrisman absent). Respectfully submitted, Gilbert E. Butler, Jr., Chairman Roanoke City Planning Commission Page 7 3. 4. .? Proposed Change in Proffered Conditions .~' MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W.. Room 456 Roanoke, Virginia 2401 I- 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 November 10, 1997 File #51 SANDRA H. EAKIN Deputy CiTy Clerk Gilbert E. Butler, Jr., Chairperson City Planning Commission 3406 Exeter Street, S. W. Roanoke, Virginia 24014 Dear Mr. Butler: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a second amended petition from Edward A. Natt, Attorney, representing Springwood Associates, LLC, to change the proffered conditions for rezoning of a tract of land located at the north end of Griffin Road, S. W., adjacent to the east side of Franklin Road, U. S. Route 220, containing 13.81 acres, more or less, identified as Official Tax No. 5480712, from RS-3, Residential Single-Family District, to C-2, General Commercial District, and RPUD, Residential Planned Unit Development District, which rezoning was previously approved by the Council of the City of Roanoke, pursuant to Ordinance No. 32867-040196 adopted on April 1, 1996, with the original proffers relating to said property having I:,ccn amended pursuant to Ordinance No. 33355-050597 adopted on May 5, 1997. Sincerely,~,~n~/''~' p~ Mary F. Parker, CMCIAAE City Clerk MFP:js Enc. H: ~ EZONING, O~...~3RINGWO. AM E Gilbert E. Butler, Jr., Chairperson City Planning Commission November 10, 1997 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council Edward A. Natt, Attorney, Osterhoudt, Ferguson, Natt, Aheron & Agee, P. O. Box 20068, Roanoke, Virginia 24018-0007 Robert S. Freeman, Springwood Associates, LLC, 3214 Electric Road, S. W., Suite 200, Roanoke, Virginia 24018 John R. Marlles, Agent, City Planning Commission ,~/Martha P. Franklin, Secretary, City Planning Commission Evelyn D. Dorsey, Zoning Administrator Ronald H. Miller, Building Commissioner Steven J. Talevi, Assistant City Attorney H: ~R EZONING ~7~=RINGWO.AM~ November 10, 1997 Mary Parker, City Clerk 456 Municipal Building 215 Church Avenue, SW Roanoke, VA 24011 Re: SpringwoodAssociates Dear Ms. Parker: Enclosed please find an original and one (1) copy of the Second Amended Petition to Change Proffered Conditions to be filed in the above matter. If you should have any questions or need anything further, please do not hesitate to contact me. With best personal regards, I am, Ver~ truly yours, Edward A. Natt EAN/laf Enclosures cc: Ms. Martha Franklin Mr. Doug Freeman Mr. Bob Freeman I"ICW~liB-lC~3~ 14:~:x9 I 548 '-,','~4 I~J61 P.I~2 [RI~QIJOT. TT. ,i. 11[ilQN · .&GE[ 3t4OIl-~&g9 TN TH~ COUNCZL O~ THR CZTY aP ROANOJ~ S®condAmonded Petition to change proffered conditions for a tract o£ la. nd cont~£nlng 13.81 acres located on the nortA end o~ ~ri~in Road ad, scent to the east side of F=an.klin Road, ~W (O~fic~al Tax No. 5480712) R£CE,IYED/ CITY CLER~S '97 ll{1V 10 P~ :43 SECOND AMENDED PBTXTXOMTO CHANGE PROPFKR$ TO T~E HONORABLE MAYORANDMEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: (1) By Ordinance No. 32867-040196, adopted by this Council on April 1, 1996, the property which is the subject of this Petition (identified as Official Tax No. 5480712) was rezoned from RS-3, Single-Fam/1y Residential District, to C-2, General Commercial District (3.0 acres, more or less) and RPUD Residential Planned Unit Development (10.17 acres, more or less), subject to certain conditions proffered by -the Petitioner, SpringwoodAssociates. A copy of said ordinance is attached hereto as Exhibit "A". (2) By Ordinance No.: 33355-050597, adopted by the City Council of the City of Roanoke on the 21st day of April, 1997, the original Proffers relating to said property were amended. A copy of said Ordinance with the amended Proffers is attached hereto as Exhibit "B". (3) That the present owner of the property is Springwood Associates, LLC, a Virginia limited liability company; Springwood Associates having changed its form of entity from a partnership to a limited liability company. (4) That subsequent to the adoption of said Ordinances, I'13U--llE)-1997 14:L:x3 i 54~ ?'-/4 I~J61 95X P.I~ the Petitioner has determined that changes in the site plan and in the proffered conditions are necessary in order to provide for the development of the property. Accordingly, the Petitioner wishes to amend the proffered conditions to permit the site development plan prepared by Shanks Associates, PC dated October 6, 1997, revised October 22, 1997 and October 28, 1997, a copy of which is attached to this Petition as Exhibit "C", to apply subject to a~y changes required by the City during the comprehensive development plan review. The Petitioner proffers that the zoning will be subject to and the Petitioner will abide by ~he following conditions: 1. The property will be developed in substantial conformity with the site development plan prepared by Shanks Associates, PC, dated October 6, 1997, revised October 22, 1997 and October 28, 1997, a copy of which is attached to this petition as Exhibit "C", s~bJect to any changes required during development and review plan. The 36,000.00 square feet building shall not exceed 3 stories in height and shall be constructed of brick, drivit or equivalent, or siding to grade with interior corridors only. 2. A minimum of two (2) rows of leland cypress trees, a minimum of 6 feet in height on ten (10) foot staggered centers, will be installed at the comznencement of construction of the project. Said trees shall be planted and thereafter maintained in the side yard area on the northerly side of the property; said buffer to extend from the easterly end of the property of William Franklin (tax map 1170807) and shall further be located along the boundary of the property adjoining official tax no. 1171003. 3. The following uses shall be the only permitted uses in the C-2 District: (A) Non-Profit Counseling Facilities and Services (B) Trade, Business and Art Schools of a Non- Industrial Nature (C) Churches, Synagogues and other places of worship 2 NOU-10-1-c~3'7 14:29 1 ~ '7']4 09~1 ~ P.04 :?[##ftUOT. F[Ite USOli. IATT, AHKIION & AG(~ A(TOFdN£Yq.AT-LAW (D) Library, Museums, Art Galleries and other similar uses including associated educational and instructional activities. (E) Community Centers {F) Post Office (G) . Indoor recreational uses including bowling alleys, indoor tennis courts, fitness centers and other similar uses (H) Theaters with unlimited seating capacity (I) General and professional offices including financial institutions (J) Medical clinics (K) Medical offices Funeral Homes (M) General service establishments primarily engaged in the repair or maintenance of goods or items except automobiles, trucks or construction equipment, and including the provision of business and personal services and other similar uses. (N) General retail establishments primarily engaged in the retail sale or rental of merchandise, goods, or products except automobiles, trucks, or construction equipment; and including the incidental repair and assembly of merchandise, goods or products to be sold on the premises. (O) Auto accessory sales installation on premises. without related One (1) Restaurant with a gross floor area of 5,000 square feet or less; Any restaurant shall include state of the art odor abatement equipment designed to abate the disbursement of cooking odors to the outdoors. (Q) Food stores not greater than 5,000 square feet in gross floor area. (R) Hotel, motel & inn with interior corridors. 14::31] 1 540 '-,',~4 I~}C3~1 c3~. P.t~5 I'T, ANERO# & AGE( ,TTO RN(TS-AT-LAW 4. That the uses permitted in the RPUD District shall be limited to the following: (R) Single Family Detached Dwellings (S) Multi-Family Dwellings (T) Parks and Playgrounds 5. The condominium units and the single family residences constructed in the RPUD District shall have a minimum of 1,600 square feet of liveable floor space above ground and shall further average at least 1,800 square feet of living area per unit above ground, not including porches or garages. ~ach of the structures constructed as a condominium building shall contain an enclosed parking garage and elevator within the building. 6. The water lines, storm water facilities, sewer lines and street serving the development shall be constructed and extend a minimum of 550 feet from the west property line prior to the commencement of construction of any commercial development on the south side of the road. 7. A building permit shall be issued for residential construction in the RPUD area prior to the issuance of any building permit for commercial construction. This shall not preclude the issuance of a land disturbing and street opening permit for site and related work for the commercial development, including installation of utilities and curb and gutter prior to the commencement of the RPUD constructions. 8. NO dumpsters shall be located in any buffer zone identified on the proffered site plan. 9. The roads within the proposed 13.831 acres development will not be extended to connect to any street or road now, or at any time in the future, to provide access to any lot or parcel identified as part of the Edgehill Corporation (Plat Book 1, page 340) and Edgehill Estates, Sections 1, 2, 3 and 4 (Plat Book 3, page 212, Plat Book 3, page 265, Plat Book 5, page 14, Plat Book 5, page 11, respectively) Subdivisions. 10. That all residences shall have frame construction with either 50% brick or drivit exteriors and the balance to be brick, drivit and/or wood or vinyl siding with all exteriors being constructed with all such materials extending to grade. 11. The HVAC units for commercial the 36,000 square foot buildings will not be located on the roof of the commercial said building. 4 12. Signage on the 36,000 square fooC building shall face the parking lot or the road frontage. The co~0ined surface area of all signs on the each commercial lots, including signs erected in a required yard, shall not exceed 2.5 square feet for each foot of lot frontage for the first one hundred feet of lot frontage, and an additional 1.0 square feet for each foot of lot frontage remaining for each 10t. Signage on the 36,000 square foot building shall face the parking lot or'the road frontage. (5) Attached as Exhibit "D" are the names and addresses of the owner or owners of all property immediately adjacent to or immediately across a street or road from the property which is the s~bject of this Petition. WHEREFORE, the Petitioner requests that the conditions proffered in connection with and made a part of Ordinance No. 32867-040196 and Ordinance NO. 33355-050597 of this Council be changed and amended as set forth above, in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Dated: ~'----/~/~/~ , 1997. Respectfully submitted, SPRINGWOOD ASSOCIATES, LLC, a Virginia limited liability Edward A. Natt, Esq. OSTEP~qOUDT, FERGUSON, NATT, AHERON & AGEE, P.C. 1919 Electric Road, SW Roanoke, Virginia 24018 Z: \~O\CAJ~%SPJ~ flip.W: 14:,31 i 548 "','~4 1~_~51 95X P.I~ OSTER, HOUDT. FEP, GUSON. NATT. AHER. ON & ACSEE C'hAla~,~$ w. ~TC~OUOr moo 24018-0007 TELEFAX COV~ sm~T TO: Mary Parker, Clerk This transmittal consists of ~ pages including cover sheet. TELEFAX NUMBER: 853-1145 FROM: Edward A. Natt, Esq. COMMENTS: We will deliver the original Second Amended Petition on Wednesday. Thanks. OUR FILE NO.: PLEASE NOTIFY US IMMEDIATELY IF THIS TELEFAX PROPERLY BY CALLING THE SENDER AT (540) 774-1197 SEND~R: Sandy Powers DATE S~%TT: TIM~ SENT: November 10, 1997 IS NOT RECEIVED The information contained in this facsimile message is attorney privileged and confidential information intended only for the use of the individual or entity named above. If the reader of this message is hOC the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this co~m~nication in error, please irmmediately notify ue by telephone and return the original message to us at the above addreGs via the U.S. Postal Service. We will reimburse you for postage. Thank you. MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 December 8, 1997 File #51 SANDRA H. EAKIN Deputy City Clerk Edward A. Natt, Attorney Osterhoudt, Ferguson, Natt, Aheron & Agee P. O. Box 20068 Roanoke, Virginia 24018-0007 Dear Mr. Natt: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing to be held on Monday, December 15, 1997, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Roanoke City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W., on the request of Springwood Associates, LLC, to change the proffered conditions for rezoning of a tract of land located at the north end of Griffin Road, S. W., adjacent to the east side of Franklin Road, U. S. Route 220, containing 13.81 acres, more or less, identified as Official Tax No. 5480712, from RS-3, Residential Single-Family District, to C-2, General Commercial District, and RPUD, Residential Planned Unit Development District, which rezoning was previously approved by the Council of the City of Roanoke, pursuant to Ordinance No. 32867-040196 adopted on April 1, 1996, with the original proffers relating to said property having been amended pursuant to Ordinance No. 33355-050597 adopted on May 5, 1997. I am enclosing copy of a notice of the public hearing, an Ordinance and a report of the City Planning Commission with regard to the request for amendment of proffered conditions. Please review the documents and if you have questions, you may contact Steven J. Talevi, Assistant City Attorney, at 853-2431. Questions with regard to the Planning Commission report should be directed to John R. Marlles, Agent, City Planning Commission, at 853-2344. Edward A. Natt, Attorney December 8, 1997 Page 2 It will be necessary for you, or your representative, to be present at the December 15 public healing. Failure to appear could result in a deferral of the matter until a later date. MFP:js Enc. Sincerely, Mary F. Parker, CMC/AAE City Clerk MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 December 8, 1997 File #51 SANDRA H. EAKIN Deputy City Clerk Edward A. Natt, Attorney Osterhoudt, Ferguson, Natt, Aheron & Agee P. O. Box 20068 Roanoke, Virginia 24018-0007 Dear Mr. Natt: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing to be held on Monday, December 15, 1997, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Roanoke City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W., on the request of Springwood Associates, LLC, to change the proffered conditions for rezoning of a tract of land located at the north end of Griffin Road, S. W., adjacent to the east side of Franklin Road, U. S. Route 220, containing 13.81 acres, more or less, identified as Official Tax No. 5480712, from RS-3, Residential Single-Family District, to C-2, General Commercial District, and RPUD, Residential Planned Unit Development District, which rezoning was previously approved by the Council of the City of Roanoke, pursuant to Ordinance No. 32867-040196 adopted on April 1, 1996, with the original proffers relating to said property having been amended pursuant to Ordinance No. 33355-050597 adopted on May 5, 1997. The City Planning Commission at its meeting on November 5, 1997, voted to approve the request. Edward A. Natt, Attorney December 8, 1997 Page 2 A copy of the City Planning Commission report may be obtained by calling the City Clerk's Office at 853-2541. MFP:js pc: Sincerely, ~~ Mary F. Parker, CMC/AAE City Clerk Thomas and Mildred Webb, 4236 Roy Drive, S. W., Roanoke, Virginia 24014 Beulah M. Webb, 1797 Wades Gap, Calloway, Virginia 24067 Alvin and Jeanette Turner, 6211 Central Avenue, Capital Heights, Maryland 20743 Gwynn and Eileen P. Board, and James and Sarah Peters, 6265 Fairway Forest Drive, S. W., Roanoke, Virginia 24018 George and Fora Chioros, 3929 Three Chop Lane, S. W., Roanoke, Virginia 24014 Wayne J. and Connie B. Maddox, 3924 Three Chop Lane, S. W., Roanoke, Virginia 24014 William H. Franklin, 304 Coventry Lane, S. W., Roanoke, Virginia 24014 Andrew and Carolyn Cochrane, 301 Coventry Lane, S. W., Roanoke, Virginia 24014 Robert and Patricia Kime, 3712 Alton Road, S. W., Roanoke, Virginia 24014 Hunter J. and Ann I. Miller, 3706 Alton Road, S. W., Roanoke, Virginia 24014 Roy and Dawn Meyers, 3702 Alton Road, S. W., Roanoke, Virginia 24014 Teodulo and Fe M. Remandaban, 3839 Bosworth Drive, S. W., Roanoke, Virginia 24014 Elizabeth C. Shackleford, 3841 Bosworth Drive, S. W., Roanoke, Virginia 24014 Branch Shivers, 3904 Franklin Road, S. W., Roanoke, Virginia 24014 Withers and Janet Burress, 3849 Bosworth Drive, S. W., Roanoke, Virginia 24014 Cliff Shepherd, 3820 Bosworth Drive, S. W., Roanoke, Virginia 24014 Karen Terry, 4251 Joplin Road, S. W., Roanoke, Virginia 24014 David Brugh, 428 Darwin Road, S. W., Roanoke, Virginia 24014 MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2401 l- 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 December 8, 1997 File #51 SANDRA H. EAKIN Deputy City Clerk Edward A. Natt, Attorney Osterhoudt, Ferguson, Natt, Aheron & Agee P. O. Box 20068 Roanoke, Virginia 24018-0007 Dear Mr. Natt: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing to be held on Monday, December 15, 1997, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Roanoke City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W., on the request of Springwood Associates, LLC, to change the proffered conditions for rezoning of a tract of land located at the north end of Griffin Road, S. VV., adjacent to the east side of Franklin Road, U. S. Route 220, containing 13.81 acres, more or less, identified as Official Tax No. 5480712, from RS-3, Residential Single-Family District, to C-2, General Commercial District, and RPUD, Residential Planned Unit Development District, which rezoning was previously approved by the Council of the City of Roanoke, pursuant to Ordinance No. 32867-040196 adopted on April 1, 1996, with the original proffers relating to said property having been amended pursuant to Ordinance No. 33355-050597 adopted on May 5, 1997. The City Planning Commission at its meeting on November 5, 1997, voted to approve the request. Edward A. Natt, Attorney December 8, 1997 Page 2 A copy of the City Planning Commission report may be obtained by calling the City Clerk's Office at 853-2541. MFP:js pc: Sincerely, F~ Mary F. Parker, CMC/AAE City Clerk Thomas and Mildred Webb, 4236 Roy Drive, S. W., Roanoke, Virginia 24014 Beulah M. Webb, 1797 Wades Gap, Calloway, Virginia 24067 Alvin and Jeanette Turner, 6211 Central Avenue, Capital Heights, Maryland 20743 Gwynn and Eileen P. Board, and James and Sarah Peters, 6265 Fairway Forest Drive, S. W., Roanoke, Virginia 24018 George and Fora Chioros, 3929 Three Chop Lane, S. W., Roanoke, Virginia 24014 Wayne J. and Connie B. Maddox, 3924 Three Chop Lane, S. W., Roanoke, Virginia 24014 William H. Franklin, 304 Coventry Lane, S. W., Roanoke, Virginia 24014 Andrew and Carolyn Cochrane, 301 Coventry Lane, S. W., Roanoke, Virginia 24014 Robert and Patricia Kime, 3712 Alton Road, S. W., Roanoke, Virginia 24014 Hunter J. and Ann I. Miller, 3706 Alton Road, S. W., Roanoke, Virginia 24014 Roy and Dawn Meyers, 3702 Alton Road, S. W., Roanoke, Virginia 24014 Teodulo and Fe M. Remandaban, 3839 Bosworth Drive, S. W., Roanoke, Virginia 24014 Elizabeth C. Shackleford, 3841 Bosworth Drive, S. W., Roanoke, Virginia 24014 Branch Shivers, 3904 Franklin Road, S. W., Roanoke, Virginia 24014 Withers and Janet Burress, 3849 Bosworth Drive, S. W., Roanoke, Virginia 24014 Cliff Shepherd, 3820 Bosworth Drive, S. W., Roanoke, Virginia 24014 Karen Terry, 4251 Joplin Road, S. W., Roanoke, Virginia 24014 David Brugh, 428 Darwin Road, S. W., Roanoke, Virginia 24014 Ad Number: 683902 Publisher's Fee: $115.60 OSTERHOUDT, FERGUSON, NA 1919 ELECTRIC ROAD, S.W. ROANOKE, VA 24018 The Roanoke Times STATE of VIRGINIA CITY of ROANOKE AFFIDAVIT of PUBLICATION I, (the undersigned) an authorized representative of the Times-World Cor- poration, which corporation is publisher of The Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: 11/26/97 FULL RUN - Wednesday 12/03/97 FULL RUN - Wednesday Witness, this 4th day of December 1997 Authorized Signature TO WHO~ IT MAY ~ A~icle VII of Chlpter Code ~f me (1979),'ss amended, ~he 'Court. oil of the City of Roanoke will hold · Public ~ on Mon, day, December 15, 1997, it 7:00 p.m., in Chi~lber In the Munleipel Buildinl~, 215 Church AVe, S.W., on the quei~lon of amendlnI conditlo~ proffered land lowered on the north end of Griffin Road &dJeoent io the emit ilde of Frllnklln $,W,, Ind (MMi~KI as ~M Tax No, ~4~07t~, A copy of thll propolal i$ avail- able for public In~pmctlon In ~he 456, Municipal BUlldlnl. Ali partlee In IntMeit ~ ~r on t~e above dim 'and be heard on ~e question. GIVEN un,let mM hand thll 24~ dam of November, X~?. Ma~ F. P,ad(er, CI~ ClenY (~83~02) NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant to the provisions of Article VII of Chapter 36.1, Code of the City of Roanoke (1979), as amended, the Council of the City of Roanoke will hold a Public Hearing on Monday, December 15, 1997, at 7:00 p.m., in the Council Chamber in the Municipal Building, 215 Church Avenue, S.W., on the question of amending conditions proffered on the rezoning of a tract of land located on the north end of Griffin Road adjacent to the east side of Franklin Road, S.W., and designated as Official Tax No. 5480712. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. All parties in interest may appear on the above date and be heard on the question. GIVEN under my hand this ..24thday of November , 1997. Mary F. Parker, City Clerk. H:\NOTICE\NA-SPRIN.4 MARY E PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 November 10, 1997 File #51 SANDRA H. EAKIN Deputy City Clerk Gilbert E. Butler, Jr., Chairperson City Planning Commission 3406 Exeter Street, S. W. Roanoke, Virginia 24014 Dear Mr. Butler: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a second amended petition from Edward A. Natt, Attorney, representing Springwood Associates, LLC, to change the proffered conditions for rezoning of a tract of land located at the north end of Griffin Road, S. W., adjacent to the east side of Franklin Road, U. S. Route 220, containing 13.81 acres, more or less, identified'as Official Tax No. 5480712, from RS-3, Residential Single-Family District, to C-2, General Commercial District, and RPUD, Residential Planned Unit Development District, which rezoning was previously approved by the Council of the City of Roanoke, pursuant to Ordinance No. 32867-040196 adopted on April 1, 1996, with the original proffers relating to said property having been amended pursuant to Ordinance No. 33355-050597 adopted on May 5, 1997. Sincerely,~)~~.,~4. Mary F. Parker, CMC/AAE City Clerk MFP:js Enc. H:~REZONING.g'/~,.~PRINGWO.AM E L^~Y/ OFFICES APR. OFESSIONAL CORPOEATION CHARLES H. OSTERHOUDT 1919 ELECTI(IC R. OAD, SUITE I M'CHAE'S. ER USO. NOV 12 P12:41 EDWARD A, NATT P.O. BOX 20068 MICHAEL J. AHERON R. OANOKE. VI P,.C,I 'N Ia g. STEVEN AGEE MARK D. KIDD 24018'0007 KRISTEN KONRAD JOHNSTONE November 10, 1997 TELEPHONE 540'774'1 197 FAX NO. 540'774-og61 Mary Parker, City Clerk 456 Municipal Building 215 Church Avenue, SW Roanoke, VA 24011 Re: Springwood Associates Dear Ms. Parker: Enclosed please find an original and one (1) copy of the Second Amended Petition to Change Proffered Conditions to be filed in the above matter. If you should have any questions or need anything further, please do not hesitate to contact me. With best personal regards, I am, Very truly yours, Edward A. Natt EAN/laf Enclosures cc: Ms. Martha Franklin Mr. Doug Freeman Mr. Bob Freeman OSTERHOUDT, FERGUSON, NATT, AHERBN & AGEE ATTORNEYS-AT-LAW RDANDKE, VIRBINIA 24018-1695 VIRGINIA: RECEIVED IN THE COUNCIL OF THE CITY OF ROA~K~!! 12 P 1:37 IN RE: ) ) Second Amended Petition to change ) SECOND proffered conditions for a tract ) AMENDED of land containing 13.81 acres ) PETITION TO located on the north end of Griffin ) CHANGE PROFFERS Road adjacent to the east side of ) Franklin Road, SW ) (Official Tax No. 5480712) ) TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: (1) By Ordinance No. 32867-040196, adopted by this Council on April 1, 1996, the property which is the subject of this Petition (identified as Official Tax No. 5480712) was rezoned from RS-3, Single-Family Residential District, to C-2, General Commercial District (3.0 acres, more or less) and RPUD Residential Planned Unit Development (10.17 acres, more or less), subject to certain conditions proffered by the Petitioner, Springwood Associates. A copy of said ordinance is attached hereto as Exhibit "A". (2) By Ordinance No.: 33355-050597, adopted by the City Council of the City of Roanoke on the 21st day of April, 1997, the original Proffers relating to said property were amended. A copy of said Ordinance with the amended Proffers is attached hereto as Exhibit "B". (3) That the present owner of the property is Springwood Associates, LLC, a Virginia limited liability company; Springwood Associates having changed its form of entity from a partnership to a limited liability company. (4) That subsequent to the adoption of said Ordinances, 05TERHDUDT, FERGUGDN, NATT, AHERDN & AGEE ATTn R N £YS-AT-LAW RDANDKE, VIRGINIA 24D1G-169~ the Petitioner has determined that changes in the site plan and in the proffered conditions are necessary in order to provide for the development of the property. Accordingly, the Petitioner wishes to amend the proffered conditions to permit the site development plan prepared by Shanks Associates, PC dated October 6, 1997, revised October 22, 1997 and October 28, 1997, a copy of which is attached to this Petition as Exhibit "C", to apply subject to any changes required by the City during the comprehensive development plan review. The Petitioner proffers that the zoning will be subject to and the Petitioner will abide by the following conditions: 1. The property will be developed in substantial conformity with the site development plan prepared by Shanks Associates, PC, dated October 6, 1997, revised October 22, 1997 and October 28, 1997, a copy of which is attached to this petition as Exhibit "C", subject to any changes required during development and review plan. The 36,000.00 square feet building shall not exceed 3 stories in height and shall be constructed of brick, drivit or equivalent, or siding to grade with interior corridors only. 2. A minimum of two (2) rows of leland cypress trees, a minimum of 6 feet in height on ten (10) foot staggered centers, will be installed at the commencement of construction of the project. Said trees shall be planted and thereafter maintained in the side yard area on the northerly side of the property; said buffer to extend from the easterly end of the property of William Franklin (tax map 1170807) and shall further be located along the boundary of the property adjoining official tax no. 1171003. 3. The following uses shall be the only permitted uses in the C-2 District: (A) Non-Profit Counseling Facilities and Services (B) Trade, Business and Art Schools of a Non- Industrial Nature (C) Churches, Synagogues and other places of worship RSTERHDUDT, FERGLISDN, NATT, AHEEDN & AI~EE ATTD RN EYq-AT-LAW RnANDKE, VIRBINIA 24D18-1699 (O) (E) (F) (G) (H) (I) (J) (K) (~,) (M) (N) (o) (P) (Q) Library, Museums, Art Galleries and other similar uses including associated educational and instructional activities. Community Centers Post Office Indoor recreational uses including bowling alleys, indoor tennis courts, fitness centers and other similar uses Theaters with unlimited seating capacity General and professional offices including financial institutions Medical clinics Medical offices Funeral Homes General service establishments primarily engaged in the repair or maintenance of goods or items except automobiles, trucks or construction equipment, and including the provision of business and personal services and other similar uses. General retail establishments primarily engaged in the retail sale or rental of merchandise, goods, or products except automobiles, trucks, or construction equipment; and including the incidental repair and assembly of merchandise, goods or products to be sold on the premises. Auto accessory sales installation on premises. without related One (1) Restaurant with a gross floor area of 5,000 square feet or less; Any restaurant shall include state of the art odor abatement equipment designed to abate the disbursement of cooking odors to the outdoors. Food stores not greater than 5,000 square feet in gross floor area. (R) Hotel, motel & inn with interior corridors. I'ISTERHD U DT, FERGUSrlN, NATT, AHERDN & ABEE: ATTD RN Eyc:-AT-LAW RRANDKE, VIRGINIA 24D1B-1699 4. That the uses permitted in the RPUD District shall be limited to the following: (R) (S) (T) Single Family Detached Dwellings Multi-Family Dwellings Parks and Playgrounds 5. The condominium units and the single family residences constructed in the RPUD District shall have a minimum of 1,600 square feet of liveable floor space above ground and shall further average at least 1,800 square feet of living area per unit above ground, not including porches or garages. Each of the structures constructed as a condominium building shall contain an enclosed parking garage and elevator within the building. 6. The water lines, storm water facilities, sewer lines and street serving the development shall be constructed and extend a minimum of 550 feet from the west property line prior to the commencement of construction of any commercial development on the south side of the road. 7. A building permit shall be issued for residential construction in the RPUD area prior to the issuance of any building permit for commercial construction. This shall not preclude the issuance of a land disturbing and street opening permit for site and related work for the commercial development, including installation of utilities and curb and gutter prior to the commencement of the RPUD constructions. 8. No dumpsters shall be located in any buffer zone identified on the proffered site plan. 9. The roads within the proposed 13.831 acres development will not be extended to connect to any street or road now, or at any time in the future, to provide access to any lot or parcel identified as part of the Edgehill Corporation (Plat Book 1, page 340) and Edgehill Estates, Sections 1, 2, 3 and 4 (Plat Book 3, page 212, Plat Book 3, page 265, Plat Book 5, page 14, Plat Book 5, page 11, respectively) Subdivisions. 10. That all residences shall have frame construction with either 50% brick or drivit exteriors and the balance to be brick, drivit and/or wood or vinyl siding with all exteriors being constructed with all such materials extending to grade. 11. The HVAC units for commercial the 36,000 square foot buildings will not be located on the roof of the commercial said building. [3 BTERHrlU DT, FERBUSON, NATT, AILERON & ABEE ATTrlRN EyR-AT-LAW ROANOKE, VIRGINIA 24018-1699 12. Signage on the 36,000 square foot building shall face the parking lot or the road frontage. The combined surface area of all signs on the each commercial lots, including signs erected in a required yard, shall not exceed 2.5 square feet for each foot of lot frontage for the first one hundred feet of lot frontage, and an additional 1.0 square feet for each foot of lot frontage remaining for each lot. Signage on the 36,000 square foot building shall face the parking lot or the road frontage. (5) Attached as Exhibit "D" are the names and addresses of the owner or owners of all property immediately adjacent to or immediately across a street or road from the property which is the subject of this Petition. WHEREFORE, the Petitioner requests that the conditions proffered in connection with and made a part of Ordinance No. 32867-040196 and Ordinance No. 33355-050597 of this Council be changed and amended as set forth above, in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Dated: , 1997. Respectfully submitted, SPRINGWOOD ASSOCIATES, LLC, a Virginia limited liability comp~ ~ BY Edward A. Natt, Esq. OSTERHOUDT, FERGUSON, NATT, AHERON & AGEE, P.C. 1919 Electric Road, SW Roanoke, Virginia 24018 Z: \WP50\CAROL\SPR I NGWO.AMP: faf i'I~TERH a U nT, FERr. U SrlN, NATT, AHERDN & Ar-EE ATTn RN EYS-AT- LAW RrlANnKE, VI Rr- INIA 24018-169B Parcel 5480101 5480106 5480107 5480113 5480708 1170605 1170803 1170807 1170810 1171003 1171004 1171006 1171205 1171206 1170503 1171402 5470510 EXHIBIT "D" Owner, Aqent or Occupant Address Springwood Associates 3214 Electric Road SW, Suite 200 Roanoke, VA 24018 Thomas and Mildred Webb 4236 Roy Drive, SW Roanoke, VA 24014 Beulah M. Webb Alvin and Jeanette Turner Gwynn H. and Eileen P. Board James and Sarah Peters Chioros, George & Fora 1797 Wades Gap Calloway, VA 24067 6211 Central Avenue Capital Heights, MD 20743 6265 Fairway Forest Drive Roanoke, VA 24018 3929 Three Chop Lane Roanoke, VA 24014 Wayne J. and Connie B. Maddox 3924 Three Chop Lane Roanoke, VA 24014 William H. Franklin Cochrane Andrew S. and Carolyn B. Robert and Patricia Kime Hunter J. and Ann I. Miller Roy and Dawn Meyers Teodulo and Fe M. Remandaban Elizabeth C. Shackleford Branch Shivers Cliff Shepherd Karen Terry 304 Coventry Lane, S.W. Roanoke, VA 24014 301 Coventry Lane, SW Roanoke, VA 24014 3712 Alton Road, SW Roanoke, VA 24014 3706 Alton Road, SW Roanoke VA 24014 3702 Alton Road, SW Roanoke VA 24014 3839 Bosworth Drive Roanoke VA 24014 3841 Bosworth Drive, SW Roanoke VA 24014 P.O. Box 8158 Roanoke VA 24018 3820 Bosworth Drive Roanoke VA 24014 4251 Joplin Road 6 RST£RHOUDT, F'ERGUSDN, NATT, AHERDN & AI]£E ATTD RN £YS-AT-LAW RDAN DK£, VIRr, INIA 24018-~699 1170404 David Brugh Roanoke, VA 24014 428 Darwin Road Roanoke, VA 24014 NOV-10-19~? 14:30 OSTERHOUDT FER~USON NATT 1 540 ??4 0~1 P.02/0~ November 10, 1997 ~4C~774-! FAX Mary Parker, City Clerk 456 Municipal Building 215 Church Avenue, SW Roanoke, VA 24011 Re: SpringwoodAssociates Dear Ms. Parker: Enclosed please find an original and one (1} copy of the Second Amended Petition to Change Proffered Conditions to be filed in the above matter. If you should have any questions or need anything further, please do not hesitate to contact me. With best personal regards, I am, Very truly yours, Edward A. Natt ~AN/laf Enclosures cc: Ms. Martha Franklin Mr. Doug Freeman Mr. Bob Freeman NOU-10-1997 14:29 1 540 5',',',',',',',','~4 0961 P.02 NOU-~0-~997 ~:~8 OSTERHOUDT FERGUSON NRTT ~ 5~0 ?~ 09B~ P.0~×09 VIRGINIA: IN THE COUNCIL OF THE CITY OP ROANOKE IN ~E: Second Amended Petition to change proffered conditions for a tract of land containing 13.81 acres located on the nor=h end o£ Griffin Roma adjacent to the east side o~ Franklin Road, SW (O£~icial Tax No. 5480712) RECEIVED CITY '97 HDV 10 P SECOND AMENDED PETITION TO CHANGE PROFFERS TO T~ ~ONORABLE MAYOR ANDMEMBERS OFT HE COUNCIL OF THE CITY OF ROANOKE: (1) By Ordinance No. 32867-040196, adopted by this Council on April 1, 1996, the property which is the subject of this Petition (identified as Official Tax No. 5480712) was rezoned from RS-3, Single-Family Residential District, to C-2, General Commercial District (3.0 acres, more or less) and RPUD Residential Planned Unit Development (10.17 acres, more or less), subject to certain conditions proffered by the Petitioner, Springwood Associates. A copy of said ordinance is attached hereto as ~xhibit "A". (2) By Ordinance No.: 33355-050597, adopted by the City Council of the City of Roanoke on the 21st day of April, 1997, the original Proffers relating to said property were amended. A copy of said Ordinance with the amended Proffers is attached hereto as Exhibit "B". (3) That the present owner of the property is Springwood Associates, LLC, a Virginia limited liability company; Springwood Associates having changed its form of entity from a partnership to a limited liability company. (4) That subsequent to the adoption of said Ordinances, :43 NOU-l~-1997 14:29 i 540 ??4 0961 95X P.OJ NOU-10-1Dg? 1~:~8 OSTERHOUDT FERGUSON N~TT 1 5~0 ??~ 0961 P.0~×09 the Petitioner has determined that changes in the site plan and in the proffered conditions are necessary in order to provide for the development of the property. Accordingly, the Petitioner wishes to amend the proffered conditions to permit the site development plan prepared by Shanks Associates, PC dated October 6, 1997, revised October 22, 1997 and October 28, 1997, a copy of which is attached to this Petition as Exhibit "C", to apply subject to any changes required by the City during the comprehensive development plan review. The Petitioner proffers that the zoning will be subject to and the Petitioner will abide by the following conditions: 1. The property will be developed in substantial conformity with the site development plan prepared by Shanks Associates, PC, dated October 6, 1997, revised October 22, 1997 and October 28, 1997, a copy of which is attached to this petition as Exhibit "C", subject to any changes required during development and review plan. The 36,000.00 square feet building shall not exceed 3 stories in height and shall be constructed of brick, drivit or equivalent, or siding to grade with interior corridors only. 2. A minimum of two (2) rows of leland cypress trees, a minimum of 6 feet in height on ten (10) foot staggered centers, will be installed at the commencement of construction of the project. Said trees shall be planted and thereafter maintained in the side yard area on the northerly side of the property; said buffer to extend from the easterly end of the property of william Franklin (tax map 1170807) and shall further be located along the boundary of the property adjoining official tax no. 1171003. 3. The following uses shall be the only permitted uses in the C-2 District: (A) Non-Profit Counseling Facilities and Services (B) Trade, Business and Art Schools of a Non- Industrial Nature (C) Churches, Synagogues and other places of worship 2 NOU-10-1997 14:29 i 540 ??4 0961 96X P.04 NOU-~O-~? ~:3~ OSTERHOUDT FE~GUSON NRTT ~ ~0 ??~ O~G~ P.0~×0~ (F) (~) (i) (J) (M) (~) (o) (P) (Q) (R) Library, Museums, Art Galleries and other similar uses including associated educational and instructional activities. Co~m~nity centers Post Office Indoor recreational uses including bowling alleys, indoor tennis courts, fitness centers and other similar uses Theaters with unlimited seating capacity General and professional offices including financial institution~ Medical clinics Medical offices Funeral Homes General service establishments primarily engaged in the repair or maintenance of goods or items except automobiles, trucks or construction equipment, and including the provision of business and personal services and other similar uses. General retail establishments primarily engaged in the retail sale or rental of merchandise, goods, or products except automobiles, trucks, or construction equipment; and including the incidental repair and assembly of merchandise, goods or products to be sold on the premises. Auto accessory sales installation on premises. without related One (1) Restaurant with a gross floor area of 5,000 square feet or less; Any restaurant shall include state of the art odor abatement equipment designed to abate the disbursement of cooking odors to the outdoors. Food stores not greater than 5,000 square feet in gross floor area. Hotel, motel & inn with interior corridors. NOU-10-1997 14:~0 I 540 ??4 0961 95~ P.85 NOU-~O-~9~? ~4:39 OSTE~HOUDT FE~GUSON NRTT 1 ~0 ?74 09~ P.0~/09 £RHaUOT. TT. AH£RON & ~TGRN[YS-AT-LAW ta&NDK[, VIR~I#IA Z40IS-1&99 4. That the uses permitted in the RPUD District shall be limited to the following: (R) Single Family Detached Dwellings (S) Multi-Family Dwellings (T) Parks and Playgrounds 5. The condominium units and the single family residences constructed in the RPUD District shall have a minimum of 1,600 square feet of liveable floor space above ground and shall further average at least 1,800 square feet of living area per unit above ground, not including porches or garages. Each of the structures constructed as a condominium building shall contain an enclosed parking garage and elevator within the building. 6. The water lines, storm water facilities, sewer lines and street serving the development shall be constructed and extend a minimum of 550 feet from the west property line prior to the commencement of construction of any commercial development on the south side of the road. 7. A building permit shall be issued for residential construction in the RPUD area prior to the issuance of any building permit for commercial constr~ction. This shall not preclude the issuance of a land disturbing and street opening permit for site and related work for the commercial development, including installation of utilities and curb and gutter prior to the commencement of the RPUD constructions. 8. NO dumpsters shall be located in any buffer zone identified on the proffered site plan. 9. The roads within the proposed 13.831 acres development will not be extended to connect to any street or road now, or at any time in the future, to provide access to any lot or parcel identified as part of the Edgehill Corporation (Plat Book 1, page 340) and Edgehill Estates, Sections 1, 2, 3 and 4 (Plat Book 3, page 212, Plat Book 3, page 265, Plat Book 5, page 14, Plat Book 5, page 11, respectively) Subdivisions. 10. That all residences shall have frame construction with either 50% brick or drivit exteriors and the balance to be brick, drivit and/or wood or vinyl siding with all exteriors being constructed with all such materials extending to grade. 11. The h~;AC units for commercial the 36,000 square foot buildings will not be located on the roof of the commercial said building. NOU-10-1997 14:J0 1 548 ?74 8961 96Z P.06 NOU-~O-~9~? ~4:3~ OSTE~HOUDT ~ERGUSON NRTT ~ 540 ??4 0~ P.07×0~ 12. Signage on the 36,000 square foot building shall face the parking lot or the road frontage. The combined surface area of all signs on the each commercial lots, including signs erected in a required yard, shall not exceed 2.5 square feet for each foot of lot frontage for the first one hundred feet of lot frontage, and an additional 1.0 square feet for each foot of lot frontage remaining for each lot. Signage on the 36,000 square foot building shall face the parking lot or the road frontage. (5) Attached as Exhibit "D" are the names and addresses of the owner or owners of all property immediately adjacent to or immediately across a street or road from the property which is the subject of this Petition. WHEREFORE, the Petitioner requests that the conditions proffered in connection with and made a part of Ordinance No. 32867-040196 and Ordinance NO. 33355-050597 of this Council be changed and amended as set forth above, in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Dated: ~'~..~/~//~f ~__, 1997. Respectfully submitted, SPRINGWOOD ASSOCIATES, LLC, a Virginia limited liability Edward A. Natt, Esq. OSTEPdqOUDT, FERGUSON, NATT, AHERON & AGEE, P.C. 1919 Electric Road, SW Roanoke, Virginia 24018 Z: ydP5 0 \~.J~,ROL \sP.q ! NGtdO .,OJIP: I af 5 NOU-10-1997 14:31 i 540 774 0961 95% P.~? NOU-~O-~9? ~:~0 O~TERHOUDT FERGU~ON NRTT ~ 5~0 ??~ 096~ P.08/09 Parg~l 5480101 5480106 5480107 5480113 5480708 1170605 1170803 1170807 1170810 1171003 1171004 1171006 1171205 1171206 1170503 1171402 5470510 EXHIBIT "D" Owner, Aqent or Occupant ~ Springwood Associates 3214 Electric Road SW, Suite 200 Roanoke, VA 24018 Thomas and Mildred Webb 4236 Roy Drive, SW Roanoke, VA 24014 Beulah M. Webb 1797 Wades Gap Calloway, VA 24067 Alvin and Jeanette Turner 6211 Central Avenue Capital Heights, MD 20743 Gwynn H. and Eileen P. Board James and Sarah Peters 6265 Fairway Forest Drive Roanoke, VA 24018 Chioros. George & Fora 3929 Three Chop Lane Roanoke, VA 24014 waylle J. a~d Connie B. Maddox 3924 Three Chop Lane Roanoke, VA 24014 William H. Franklin 304 Coventry Lane, S.W. Roanoke, VA 24014 Cochrane Andrew S. and Carolyn B. 301 Coventry Lane, SW Roanoke, VA 24014 Robert and Patricia Kime 3712 Alton Road, SW Roanoke, VA 24014 Hunter J. and Ann I. Miller 3706 Alton Road, SW Roanoke VA 24014 Roy and Dawn Meyers 3702 Alton Road, SW Roanoke VA 24014 Teodulo and Fe M. Remandaban 3839 Bosworth Drive Roanoke VA 24014 Elizabeth C. Shackleford 3841 Bosworth Drive, 9W Roanoke VA 24014 Branch Shive:s P.O. Box 8158 Roanoke VA 24018 Cliff Shepherd 3820 Bosworth Drive Roanoke, VA 24014 Karen Terry 4251 Joplin Road NOU-10-1997 14:31 i 540 ?74 0961 96Z P.~ NOU-~O-~9? ~:~0 OSTERHOUDT FERGUSON NRTT ~ 5~0 ??~ 0~ P.09×0~ 1170404 David Brugh Roanoke, VA 24014 429 Darwin Road Roanoke, VA 24014 TOTAL P.09 NOU-18--1997 14:31 I 540 ??4 0961 96Z P.09 TO THE CITY CLER~ OF ~ CITY OF ROANOKE, VIAG~A '97 28 A3:08 PERT G TO PRO Em CONDITIONS R QU ST OF: Springwood Associates to amend conditions proffered in conjunction) with rezoning at Franklin and Griffin Roads, S.W., Official ) Tax No. 5480 712 COMMONWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) AFFIDAVIT The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.1-341, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 27th day of October, 1997, notices o£ a public hearing to be held on the 5th day o£November, 1997, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: Parcel 5480106 5480107 5480113 5480708 1170605 1170803 1170807 1170810 1171003 1171004 1171006 Owner's Name Thomas and Mildred Webb Beulah M. Webb Alvin and Jeanette Turner Gwynn and Eileen P. Board James and Sarah Peters George and Fora Chioros Wayne J. and Connie B. Maddox William H. Franklin Andrew and Carolyn Cochrane Robert and Patricia Kime Hunter J. and Ann I. Miller Roy and Dawn Meyers Mailing Address 4236 Roy Drive, SW Roanoke, VA 24014 1797 Wades Gap Calloway, VA 24067 6211 Central Avenue Capital Heights, MD 20743 6265 Fairway Forest Drive Roanoke, VA 24018 3929 Three Chop Lane Roanoke,VA 24014 3924 Three Chop Lane Roanoke, VA 24014 304 Coventry Lane, SW Roanoke, VA 24014 301 Coventry Land Roanoke, VA 24014 3712 Alton Road, SW Roanoke, VA 24014 3706 Alton Road, SW Roanoke, VA 24014 3702 Alton Road, SW Roanoke, VA 24014 1171205 Teodulo and Fe M. Remandaban 1171206 Elizabeth C. Shackleford 1170503 Branch Shivers 1171207 Withers and Janet Burress Others Notified: 1171402 Cliff Shepherd 5470510 Karen Terry 1170404 David Brugh Martha Pace Franklin 3839 Bosworth Drive Roanoke, VA 24014 3841 Bosworth Drive, SW Roanoke, VA 24014 3904 Franklin Road, SW Roanoke, VA 24014 P. O. Box 8158 Roanoke, VA 24018 3849 Boswo~h Drive, SW Roanoke, VA 24014 3820 Boswo~h Drive Roanoke, VA 24014 4251 Joplin Road Roanoke, VA 24014 428 Darwin Road Roanoke, VA 24014 SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 27th day of October, 1997 _ _ ,l~ta -~t~...---ryp (b)~9~--, - _ COMMISSION TO WHOM IT MAY CONCERN: '97 OOT 20 P3:50 The Roanoke City Planning Commission will hold a public hearing on Wednesday, November 5, 1997, at 1:30 p.m. or as soon as the matter may be heard, in the City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S.W., in order to consider the following: Request from Springwood Associates, LLC, represented by Edward A. Natt, Attorney, that conditions proffered under Ordinance No. 33355-050597, adopted by City Council on May 5, 1997, for property located on the north end of Griffen Road, adjacent to the east side of Franklin Road, S.W., bearing Official Tax No. 5480712, which was rezoned under Ordinance No. 32867-040196, dated 4/1/96,. be amended. A copy of said application is available for review in the Department of Planning and Community Development, Room 162, Municipal Building. All parties in interest and citizens may appear on the above date and be heard on the matter. Martha P. Franklin, Secretary Roanoke City Planning Commission Please print in newspaper on Tuesday, October 21 and October 28, 1997. Please bill: Edward A. Natt, Esquire Osterhoudt, Ferguson, Natt, Aheron and Agee 1919 Electric Road, SW Roanoke, VA 24018 Please send affidavit to: Department of Planning and Community Development Room 162, Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 (540) 853-1230 (fax) MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 October 10, 1997 File #51 SANDRA H. EAKIN Deputy City Clerk Gilbert E. Butler, Jr., Chairperson City Planning Commission 3406 Exeter Street, S. W. Roanoke, Virginia 24014 Dear Mr. Butler: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a petition from Edward A. Natt, Attorney, representing Springwood Associates, LLC, requesting amendment of the proffered conditions for rezoning of a tract of land located at the north end of Griffin Road, S. W., adjacent to the east side of Franklin Road, U. S. Route 220, containing 13.81 acres, more or less, identified as Official Tax No. 5480712, from RS-3, Residential Single-Family District, to Co2, General Commercial District, and RPUD, Residential Planned Unit Development District, which rezoning was previously approved by the Council of the City of Roanoke, pursuant to Ordinance No. 32867-040196 adopted on April 1, 1996, with the original proffers relating to said property having been amended pursuant to Ordinance No. 33355-050597 adopted on May 5, 1997. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:se Eric. H:~REZONING 97~SPRINGWO.WPD Gilbert E. Butler, Jr., Chairperson City Planning Commission October 10, 1997 Page 2 pc~ The Honorable Mayor and Members of the Roanoke City Council Edward A. Natt, Attorney, ©sterhoudt, Feguson, Natt, Aheron & Agee, P. O. Box 20068, Roanoke, Virginia 24018-0007 Robert S. Freeman, Springwood Associates, LLC, 3214 Electric Road, S. W., Suite 200, Roanoke, Virginia 24018 John R. Marlles, Agent, City Planning Commission Martha P. Franklin, Secretary, City Planning Commission Evelyn D. Dorsey, Zoning Administrator Ronald H. Miller, Building Commissioner Steven J. Talevi, Assistant City Attorney N:\CCSM~REZONING.96\SPRINGWO WpD Gilbert E. Butler, Jr., Chairperson City Planning Commission November 10, 1997 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council Edward A. Natt, Attorney, Osterhoudt, Ferguson, Natt, Aheron & Agee, P. O. Box 20068, Roanoke, Virginia 24018-0007 Robert S. Freeman, Springwood AsSociates, LLC, 3214 Electric Road, S. W., Suite 200, Roanoke, Virginia 24018 John R. Marlles, Agent, City Planning Commission Martha P. Franklin, Secretary, City Planning Commission Evelyn D. Dorsey, Zoning Administrator Ronald H. Miller, Building Commissioner Steven J. Talevi, Assistant City Attorney H:~REZONING.g7~SPRINGWO.AME MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk January 8, 1998 File #192 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: At a regular meeting of the Council of the City of Roanoke which was held on Monday, January 5, 1998, Vice-Mayor Wyatt requested that temporary facilities be provided at the Roanoke Civic Center pending installation of permanent diaper changing stations in the restroom areas. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:Io pc: Kit B. Kiser, Director, Utilities and Operations James M. Evans, Manager, Civic Center H:~M3ENDAg~ANS.WPO MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-I145 SANDRA H. EAKIN Deputy City Clerk January 8, 1998 File #20-514 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: At a regular meeting of the Council of the City of Roanoke which was held on Monday, January 5, 1998, Council Member Trout requested that the matter of improvements to Liberty Road from Orange Avenue to Williamson Road be referred to you for study, report and recommendation to Council. Sincerely, Mary F. Parker, CMC/ME City Clerk MFP:Io pc: William F. Clark, Director, Public Works H:~AGENDA~JANS.WI~ MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 January 13, 1998 File #144 SANDRA H. EAKIN Deputy City Clerk W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: At a rggular meeting of the Council of the City of Roanoke which was held on Monday, Jar', ~ 5, 1998, Council Member Swain spoke in support of the installation of appropriate si~ ..~ge at strategic locations in the City setting forth the penalty for violating the City's litt Jr control laws. ~1~ _~_Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io pc: William F. Clark, Director of Public Works N:~CKLOI~AGENDAgS~IEEBERT.WPO