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Council Actions 02-19-91
Bowles (30407) REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL February 19, 1991 2:00 p.m. AGENDA FOR THE COUNCIL Call to Order -- Roll Call. Mr. Bowers and Mr. Harvey were absent. The invocation will be delivered by The Reverend Douglas F. C. Keffer, Senior Minister, Edgewood Christian Church. Present. The Pledge of Allegiance to the Flag of the United States of America will be led by Mayor Noel C. Taylor. o C-1 C-2 CONSENT AGENDA (Approved 5-0) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED Bg~I~OW. THERE WILL RE NO SEPARATE DIS- CUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM ~ILL BE RE~VED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. Minutes of the special meeting of Council held on Thursday, November 1, 1990; the Personnel Committee of Roanoke City Council held on Friday, November 2, 1990, and Monday, November 5, 1990; and the regular meetings of Council held on Monday, November 5, 1990, Monday, November 12, 1990, Monday, November 19, 1990, and Monday, November 26, 1990. RECOMMENDED ACTION: Dispense with the reading thereof and approve as recorded. A communication from Mayor Noel C. Taylor requesting an Executive Session to discuss personnel matters relating to 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 Executive Session to discuss personnel mat- ters relating to vacancies on various (i) C-3 C-4 authorities, boards, commissions and com- mittees appointed by Council, pursuant to Section 2ol-344 (A) (1), Code of Virginia (1950), as amended. A communication from Dr. Wendell H. Butler tendering his resignation as a member of the City of Roanoke Redevelopment and Housing Authority Board of Commissioners, effective February 15, 1991. REC©M~ENDED ACTION: Receive and file the communication and accept the resignation with regret. A communication from ~r. ~erbert D. ~cBride, Executive Director, City of Roanoke Redevelopment and Housing Authority, transmitting a check in the amount of $113,927.84, representing payment in lieu of taxes for certain housing projects, for the fiscal year ended September 30, 1990. RECOMMENDED ACTION: Receive and file. REGULAR AGENDA Bearing of Citizens Upon Public Matters: None. Petitions and Communications: A communication from the Roanoke requesting appropriation of funds accounts. City School Board to certain school Adopted Ordinance No. 30407-21991. (5-0) A communication from ~r. Barwell M. Darby, Jr., Attorney, representing the Industrial Development Authority of the City of Roanoke, requesting approval of a plan to assist Virginia Lutheran Homes, Inc., t/a Brandon Oaks, and Roanoke Lutheran Retirement Community, Inc., in the acquisition, construction and equipping of a facility for tile residence and care of the elderly to be located at 3804 Brandon Avenue, S. ~., by issuance of its industrial development revenue bonds, in an amount not to exceed $30,000,000. Adopted Resolution No. 30408-21991. (5-0) 5. Reports of Officers: a. City Manager: Briefings: 1. A report with regard to the City of Roanoke Affirmative Action Program. Received and filed. (2) Items Recommended for Action: A report recommending appropriation of additional funding, in the amount of $157,317.00, received from the Governor's Employment and Training Department and the Virginia Employment Commission for the Fifth District Employment and Training Consortium. Adopted Ordinance No. 30409-21991. (5-0) A report recommending waiver of the standard rental fee for use of the National Guard Armory by the Virginia Skyline Girl Scout Council, and granting concession rights for said event. Adopted Resolution No. 30410-21991. (5-0) A report recommending that the Roanoke Valley Chapter, American Red Cross, be authorized to display flags from street lighting poles in the central business district of the City for the period of March 14 31, 1991. Adopted Ordinance No. 30411 on first reading. (5-0) 5o A report recommending adoption of a measure approving the transfer of a certain franchise for a fiber optic telecommunication system from Roanoke and Botetourt Telephone Company to R & B Network, Inc. Adopted Ordinance No. 30412 on first reading. (5-0) Reports of Committees: None. Unfinished Business: None. Introduction and Consideration of Ordinances and Resolutions: Ordinance No. 30398, on second reading, amending the con- ditions proffered in the October 19, 1987, rezoning of a tract of land containing 18.3 acres, located at 3804 Brandon Avenue, S. ~., identified as Official Tax No. 5180304, from RS-l, Residential Single Family District, to RM-2, Residential ~ulti-Family, ~edium Density District, which amendment more specifically involves a change in the site plan proffered as a condition to the rezoning. Adopted Ordinance No. 30398-21991. (5-0) Ordinance No. 30406, on second reading, extending the franchise of Cox Cable Roanoke, Inc. to operate a cable television system in the City for an additional sixty day period and providing for a one percent (1%) increase in the franchise fee payment from four to five percent of gross Adopted Ordinance No. 30406-21991. (5-0) (3) 10. Motions and Miscellaneous Business: a. Inquiries and/or comments by the Mayor and Members of City Council. b. Vacancies on various authorities, boards, committees appointed by Council. Other Hearings of Citizens: Certification of Executive Session. ($-0) Reappointed the following persons to the Roanoke Partnership Steering Committee: Ora B. McColman Ronald H. Miller Charles W. Hancock Appointed Ted H. Key to the Special Events Committee. commissions and Neighborhood (4) MINUTES CONSIDERED AT THIS COUNCIL MEETING MAY BE REVIEWED ON LINE IN THE "OFFICIAL MINUTES" FOLDER, OR AT THE CITY CLERK'S OFFICE Office of the Mayor February 19, 1991 The Honorable Vice-Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: I wish to request an Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, commissions and corrgnittees appointed by Council, pursuant to Section 2.1-344 (A) (1), Code of Virginia (1950), as amended. Sincerely Noel C. Taylor Mayor NCT: se RoomZ152 Municipalauilding 215Church Avenue. S.W..Roanoke, Virginia 24011 {703)981-244~ MARY F, PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S W ,Room 456 Roanoke. Virglma 24011 Telephone: (703) 981-2541 February 21, 1991 SANDRA H. EAKIN Deputy City Clerk File #15-178 Dr. Wendell H. Butler 2118 Andrews Road, N. W. Roanoke, Virginia 24017 Dear Dr. Butler: Your communication tendering your resignation as a member of the Roanoke Redevelopment and Housing Authority Board of Commissioners, was before the Council of the City of Roanoke at a regular meeting held on Tuesday, February 19, 1991. On motion, duly seconded and adopted, the communication was received and filed and your resignation was accepted with regret. The Council requested that I express its sincere appreciation for the many services you have rendered to the City of Roanoke as a member of the Housing Authority. Please find enclosed a Certificate of Appreciation issued by the Mayor on behalf of the Members of City Council. Sincerely, ~.~ Mary F. Parker, CMC/AAE City Clerk MFP:ra Eno. pc: Mr. Herbert D. McBride, Executive Director, Roanoke Redevelopment and Housing Authority, 2624 Salem Turnpike, N. W., Roanoke, Virginia 24017 DR. WENDELL IL ~3UTLI~R February 6, ]991 The Honorable Noel C. Taylor office of the Mayor Room 456 Municipal Building Roanoke, Virginia 24011 Dear Mayor Taylor: It is with deep regret that I must tender my resignation from the Board of Commissioners of the City of Roanoke Redevelopment and Housing Authority effective February 15, 1991. Recently, I accepted an appointment by the Governor to serve on the State Water Control Board. My experiences with the Housing Authority have been rewarding and want to thank the Roanoke City Council for allowing me to serve the citizens of Roanoke in this capacity. Wendell H. Butler, DDS Mr. Herbert McBride, Executive Director City of Roanoke Redevelopment and Housing Authority Board Board of Commissioners MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church/~venue, $ W ,Room 456 Roanoke. Virglma 24011 Telephone: (703) 981-2541 February 21, 1991 SANDRA H. EAKIN Deputy C~:y Clerk File #178 Mr. ~erbert D. McBride Executive Director Roanoke Redevelopment and 2624 Salem Turnpike, ~. W. Roanoke, Virginia 24017 Housing Authority Dear Mr. McBride: Your communication transmitting a check, in the amount of $113,927.84, representing payment in lieu of taxes for certain housing projects for the fiscal year ended September 30, 1990, was before the Council of the City of Roanoke at a regular meeting held on Tuesday, February 19, 1991. On motion, duly seconded and adopted, the communication was received and filed. Sincerely, ~d~--- Mary F. Parker, CMC/AAE City Clerk MFP:ra HERBERT D. McBRiDE EXEEUTIVE DIRECTOR CITY OF ROANOKE REDEVELOPMENT AND HOUSING' AUTHORITY 2624 SALEM TURNPIKE, N, W. ROANOKE, VIRGINIA 24017 TELEPHONE (703) 983-9281 February 13, 1991 Honorable Mayor and M~mbers of City Count:il City of Roanoke Municipal Building ~15 Church Ave., SW Roanoke, Virginia 24001 Centleme~ & Mrs. Bowles: Under the Cooperaticaa ~eerasi~t between t_he City of ~ and the City of Roanoke Redevelul~,~mt and Housin~ Authority, this Authority shall mak~ payment in lieu of t~ to the Citw of Roanoke each fiscal year which is 10% of shelter re~te from all the housir~j projects. Transmitted herewith is our check for 8113,927.84 which represents payment in lien of ta~es for our fiscal year ended ~eptember 30, 1990. It is a pleasure to convey this check to the City of Roanoke. If we c~% be of ~urther service, please do not hesitate to contact my office. very tru/¥ yours, Herbert D. McBride Executive Director HEM/jm MARYF. PARKER Cit¥Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S W, Room 456 Roanoke, Virg~ma 24011 Telephone: (703) 981-2541 February 21, 1991 SANDRA H. EAKIN Deputy C~ty Clerk File #60-467 Mr. Joel M. Scfilanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 30407-21991 amending and reordaining certain sections of the 1990-91 Grant Fund Appropriations, providing for appropriation of funds to certain school accounts, in connection with the Adult Basic Education program, Community Opportunity Grant, Microcomputer Software Subsidy and Title II-A LPN program. Ordinance No. 30407-21991 was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, February 19, 1991. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:ra Eric. pc: Mr. W. Robert Herbert, City Manager Mr. James M. Turner, Jr., Chairman, Roanoke City School Board, P. O. Box 1689, Salem, Virginia 24153 Dr. Frank P. Tota, Superintendent of Schools, P. O. Box 13145, Roanoke, Virginia 24031 Mr. Richard L. Kelley, Executive for Business Affairs and Clerk of the Board, P. O. Box 13105, Roanoke, Virginia 24031 Mr. Barry L. Key, Manager, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th Day of February, 1991. No. 30407-21991. AN ORDINANCE to amend and reordain certain sections of the 1990-91 Grant Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the exist. THEREFORE, Roanoke that Appropriations, be, and the reordained to read as follows, City of Roanoke, an emergency is declared to BE IT ORDAINED by the Council of the City of certain sections of the 1990-91 Grant Fund same are hereby, amended and in part: ApDroDriations Education $17,040,144 Title II-A LPN (1) ................................. 2,068 Adult Basic Education 90-91 (2-3).................. 127,116 Community Opportunity Grant (4)..'''''''''''''''''' 500 Microcomputer Software Subsidy (5) ................. 4,275 Revenue Education $17,040,144 Title II-A LPN (6) ................................. 2,068 Adult Basic Education 90-91 (7) .................... 127,116 Community Opportunity Grant (8) .................... 500 Microcomputer Software Subsidy (9) ................. 4,275 1) Tuition 2) Teachers 3) Social Security 4) Additional Mach. & Equip. 5) Educational and Rec. Supplies 6) Federal Grant Receipts 035-060-6426-6334-0382) $2,068 035-060-6745-6450-0121) 2,085 035-060-6745-6450-0201) 160 035-060-6973-6000-0821) 500 035-060-6974-6202-0614) 4,275 035-060-6426-1102) 2,068 7) Federal Grant Receipts 8) Donation 9) State Grant Receipts (035-060-6745-1102 (035-060-6973-1103 (035-060-6974-1100 $ 2,245 500 4,275 BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: this City Clerk. February 14, 1991 FROM: SUBJECT: Honorable Mayor and Members of City Council Joel M. Schlanger School Board Request for the Appropriation of Grant Funds for the School Board I have reviewed the attached report to appropriate funding for the School Board. This report will appropriate funds for four grants in the Grant Fund. All of these grants are funded with 100% federal or state funding with the exception of the $500 appropriated for the Community Opportunity Grant. The funding for this project has been received from the Junior League of Roanoke Valley. I recommend that you concur with this request of the School Board. JMS/pac Attachment l Jam~s M. Turret, .k'., Chairman .Solly~ T. Coleman, ~qco Chairman Mazllyn C. Cur~s Roanoke City School Board P.O Box 13105, Roanoke, Virginia 24,031 · Chart,s W. Dov Ftr~ D, PIncus Velma 8. Self ~'ar~ P. Toro. Sup~rlntenclent ~lcharcl L ~11~, Clerk of the Board 703-981-2381 February 13, 1991 The Honorable Noel C. Taylor, Mayor and Members of Roanoke City Council Roanoke, VA 24011 Dear Members of Council: As the result of official action at Its meeting of February 12, lggl, the School Board respectfully requests City Council to appropriate funds to the Following school accounts: Grant No. 6745 $2,245.00 For the Adult Basic Education program to provide Funds For the education of adults who have not completed hlgh school, whlch represents additlonal Federal Funds allocated to the program. Grant No. 6973 $500.00 For the Community Opportunity Grant to provide For the equipment necessary to implement a school-business partnership between Virginia Heights Elementary School and the Raleigh Court Health Care Center. Funding For the project has been recelved From the dunior League of Roanoke Valley. Grant No. 6974 - $4,?75.00 For the Microcomputer Software Subsidy to provide funds For the purchase of Instructional software For elementary Instruction. State Funds have been received for the program. The Board Further requests the appropriation of $2,068.00 For the Tltle II-A LPN program to provide tuition For selected students to attend the Licensed Practical Nursing courses offered by Roanoke City Schools. The program will be one hundred percent reimbursed by Federal Funds. Excellence in Education Members oF Council Page 2 February 13, 1991 rg cc: The approval of these requests will be appreciated. Sincerely, Richard L. ' ~ Clerk of the Board and Executive for Business AfFairs Mr. dames M. Turner, dr. Dr. Frank P. Tota Mr. William L. Murray, dr. Mr. Kenneth F. Mundy, dr. /~Mr. W. Robert Herbert r. Wilburn C. Dlbllng ~Mr. doel M. Schlan~er (with accounting details) ROANOKE CITY SCHOOL BOAP. B Roanoke. Virginia APPROPRIATION REQUEST Title II-~ LPN 6426 035-060-6426-6334-0382 Appropriation Unit Z4R Tuition $ 2,068.00 035-060-6426-1102 Federal Grant Receipts $ 2,o6s.oo The Title II-A LPN program provides tuition for selected students to attend the Licensed Practical Nursing courses offered by Roanoke City Schools. The program will be one hundred percent reimbursed by federal funds. The program ends June 30,~1991. February 12, 1991 RO~OKE CITY SCHOOl, BOAR/) Roanoke, Virginia APPROPRIATION REQUEST Adult Basic Education 90-91 6745 035-060-6745-6450-0121 035-060-6745-6450-0201 Appropriation Unit Z73 Teachers $ 2,085.00 Social Security 160.00 S 2,245.00 Federal Grant Receipts 2,245.00 035-060-6745-1102 The Adult Basic Education program will provide funds for the education of adults who have not completed high school. The above appropriation represents additional federal funds allocated to the program. The program will be reimbursed by federal funds in the total amount of $102,760. Matching funds already appropriated will be provided by the City jail in the amount of 81,756 and from Roanoke City School account 001-060-6001-6450-0588 in the amount of $22,600. The program will end June 30, 1991. February 12, 1991 ROANOKE CITY SCHOOL BOARB Roanoke, Virginia APPROPRIATION REQUEST Community Opportunity Grant 6973 035-060-6973-6000-0821 Appropriation Unit Z3Z Instructional Equipment $ 500.00 035-060-6973-1103 Donation $ 500.00 The Community Opportunity Grant will provide for the equipment necessary to implement a school-business partnership between Virginia Heights Elementary School and the Raleigh Court Health Care Center. Funding for the project has 'been received from the Junior League of Roanoke Valley. The program will end June 30, 1991. February 12, 1991 RO~OKE CITY SCHOOL BOARD Roanoke, Virginia APPROPRIATION RI~UEST Nicrocomputer Software Subsidy 6974 035-060-6974-6202-0614 Appropriation Unit Z31 Instructional Supplies $ 4,275.00 035-060-6974-1100 State Grant Receipts $ 4,275.00 The Microcomputer Software Subsidy will provide funds for the purchase of instructional software for elementary instruction. State funds in the amount of $4,275 have been received. The program will end June 30, 1991. February 12, 1991 ChaHes W. Day Velmo B. Self Thq_rnas L C)~ Frank P. Tota, Superintenden~ Finn D. Plnc~s Richard L Kelley, Clen~ of the Board l~l James M. Turne~, Jr., Chairman So,ye T. Coleman, Vice Chairman Marllyn C. Curtis Roanoke City School Board P.O Box 13105, Roanoke, Virginia ~)4031 · 703-981-2581 February 13, 1991 The Honorable Noel C. Taylor~ Mayor and Members of Roanoke City Council Roanoke, VA 24011 Dear Members of Council: As the result of official action at its meeting of February 12, 1991, the School Board respectfully requests City Council to appropriate funds to the following school accounts: Grant No. 6745 $2,245.00 for the Adult Basic Education program to provide funds for the education of adults who have not completed high school, which represents additional federal funds allocated to the program. Grant No. 6973 $500.00 for the Community Opportunity Grant to provide for the equipment necessary to implement a school-business partnership between Virginia Heights Elementary School and the Raleigh Court Health Care Center. Funding for the project has been received from the Junior League of Roanoke Valley. Grant No. 6974 $4,275.00 for the Microcomputer Software Subsidy to provide funds for the purchase of instructional software for elementary instruction. State funds have been received for the program. The Board further requests the appropriation of $2,068.00 for the Title II-A LPN program to provide tuition for selected students to attend the Licensed Practical Nursing courses offered by Roanoke City Schools. The program will be one hundred percent reimbursed by federal funds. Excellence in Education Members of Council Page 2 February 13, 1991 The approval of these requests will be appreciated. Sincerely, Clerk of the Board and Executive for Business Affairs rg cc' Mr. Dr Mr Mr Mr Mr Mr James M. Turner, Jr. Frank P. Tota William L. Murray, Jr. Kenneth F. Mundy, Jr. W. Robert Herbert Wilburn C. Dtbling Joel M. Schlanger (with accounting details) MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S W, Room 456 Roanoke, Virginia 24011 Telephone: (703)981-2541 SANDRA H. EAKIN Deputy C~:y Clerk February 21, 1991 File #207-53B Mr. Harwell M. Darby, Jr. Attorney P. O. Box 2887 Roanoke, Virginia 24001 Dear ~r. Darby: I am enclosing copy of Resolution No. 30408-21991 approving the plan of financing of the Industrial Development Authority of the City of Roanoke, Virginia, for the benefit of the Roanoke Lutheran Retirement Co,unity, Inc., to the extent required by Section 147 of the Internal Revenue Code of 1986, as amended, in connection with bond financing not to exceed $30,000,000.00 to assist Brandon Oaks and Roanoke Lutheran Retirement Core, unity in acquiring, constructing and equipping a facility for the resi- dence and care of the elderly to be located at 3804 Hrandon Avenue, S. W. Resolution No. 30408-21991 was adopted by the regular meeting held on Council of the City of Roanoke at a Tuesday, February 19, 1991. Sincerely, ~ Mary F. Pa rkor, CMC/AAE City Clerk MFP:ra pc: Ms. Margaret R. Baker, Secretary, Industrial Development Authority, c/o Roanoke Regional Chamber of Co~r~erce, 310 First Street, S. W., Roanoke, Virginia 24011 Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Brian J. ~ishneff, Chief of Economic Development IN THE COUNCIL OF THE CITY OF ROANOKE, The 19th day of February, 1991 No. 30408-21991. VIRGINIA A Resolution approving the plan of financing of the Industrial Development Authority of the City of Roanoke, Virginia, for the benefit of the Roanoke Lutheran Retirement Community, Inc., to the extent required by Section 147 of the Internal Revenue Code of 1986, as amended. WHEREAS, the Industrial Development Authority of the City of Roanoke, Virginia (the "Authority"), has considered the application of Virginia Lutheran Homes, Inc. ("VLH"), t/a Brandon Oaks ("Brandon Oaks"), and Roanoke Lutheran Retirement Community, Inc. (the "Company"), whose principal office is at 3804 Brandon Avenue, S.W., Roanoke, Virginia, requesting the Authority to issue up to $30,000,000 of its industrial development revenue bonds (the "Bonds") to assist the Company in financing the acquisition, construction and equipping of a facility for the residence and care of the elderly (the "Project") to be located in the City of Roanoke, Virginia, at 3804 Brandon Avenue, S.W., at a site on property located generally behind the nursing care facilities currently operated by VLH as the Virginia Synod Lutheran Home of Roanoke, and has held a public hearing thereon on February 12, 1991. WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended ("the Tax Code"), and Section 15.1-1378.1 of the Code of Virginia, as amended (the "Virginia Code") provide that the governmental unit having jurisdiction over the issuer of private activity bonds and over the area in which any facility financed with the proceeds of private activity bonds is located must approve the issuance of the bonds; and WHEREAS, the Authority issues its bonds on behalf of the City of Roanoke, Virginia (the "City"), the Project is located in the City and the Council of the City of Roanoke, Virginia (the "Council") constitutes the highest elected governmental unit of the City; and WHEREAS, the Authority recommends that the Council approve the issuance of the Bonds; and WHEREAS, a copy of the Authority's resolution and a certificate of the public hearing have been filed with the Council. THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA: 1. The Council approves the issuance of the aforesaid Bonds by the Authority for the benefit of the Company, as required by Section 147(f) of the Tax Code and Section 15.1-1378.1 of the Virginia Code, as amended, to permit the Authority to assist in the financing of the Project. 2. The approval of the issuance of the Bonds, as required by Section 147(f) of the Tax Code does not constitute an endorsement to a prospective purchaser of the Bonds or the creditworthiness of the Project or the Company, and, as required by Section 15.1-1380 of the Code of Virginia of 1950, as amended, the Bonds shall provide that neither the City nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues end moneys pledged therefor and neither the faith or credit nor the taxing power of the Commonwealth, the City nor the Authority shall be pledged thereto. 3. This Resolution shall take effect immediately upon its adoption. Attest: City Clerk OLENN, I~LIPPIN, i~ELDMANN ~ DARBY {703} 344- 3000 l!~tX {703) 344-7805 February 14, 1991 HAND DELIVERED Members of the Roanoke City Council c/o Mary F. Parker, Clerk Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 Re: Industrial Development Authority of the City of Roanoke, Virginia $30,000,000 Residential Care Facility First Mortgage Revenue Bonds Dear Madam Clerk: Enclosed please find 16 copies of a Resolution prepared in connection with the referenced matter. These copies are to replace those delivered to you on February 12, 1991, which had a typographical error on page 3. Cordially yours, Harwell~M. Darby, Jr. HMD:mpr:0042082 Enclosures cc: Wilbur C. Dibling, Jr., Esq. w/encs. 0LENN, FLIPPIN, FELDMANN & DARBY i~OANOI~E, VIRGINIA 24001 (703) 344- 3000 FAX (703) 344-7805 February 12, 1991 HAND DELIVERED Members of the Roanoke City Council c/o Mary F. Parker, Clerk Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 Re: Industrial Development Authority of the City of Roanoke, Virginia $30,000,000 Residential Care Facility First Mortgage Revenue Bonds (Brandon Oaks Project) Gentlemen and Mrs. Bowles: The Industrial Development Authority of the City of Roanoke, Virginia (the "Authority"), has held a public hearing for Virginia Lutheran Homes, Inc. ("VLH"), t/a Brandon Oaks ("Brandon Oaks"), and Roanoke Lutheran Retirement Community, Inc. ("RLRC"), which are requesting a bond financing not to exceed $30,000,000 to assist Brandon Oaks and RLRC in acquiring, constructing and equipping a facility for the residence and care of the elderly (the "Project"), to be located in the City of Roanoke, Virginia, at 3804 Brandon Avenue, S.W., at a site on property located generally behind the nursing care facilities currently operated by VLH as the Virginia Synod Lutheran Home of Roanoke. Enclosed is the formal information package explaining the project and a form of resolution to be submitted for action at your February 19, 1991, meeting. Cordially yours, Harwell M. Darby, Jr. bgm:0042082 Enclosures CC: Wilbur C. Dibling, Jr., Esq. w/encs. Mr. W. Robert Herbert w/encs. Mr. Brian Wishneff w/encs. CERTIFICATE OF PUBLIC HEARING The undersigned, Margaret R. Baker, secretary of the Industrial Development Authority of the City of Roanoke, Virginia (the "Authority"), does hereby certify as follows: 1. Publication of notice of a public hearing of the Authority in accordance with the provisions of §15.1-1378.1 of the Code of Virginia, 1950, as amended, was made on January 29, 1991 and February 5, 1991, in the Roanoke Times and World News, a newspaper of general circulation published in the City of Roanoke, Virginia. A copy of the notice and a certificate of publication is attached hereto as Exhibit A. 2. The Authority held a public hearing as advertised on February 12, 1991. 3. No comment from the general public was received by the Authority at the public hearing. 4. At a special meeting of the Authority on February 12, 1991, at which a quorum of the directors of the Authority was present and acting throughout, the Authority adopted its resolution, a copy of which is attached hereto as Exhibit B. 5. Attached hereto as Exhibit C is a fiscal impact statement in conformanc~ to_~ WITNESS my ha~d th~m-~2tl Marg Indu of y1378.2 of the Code. ~e~/R. Bak_er, ~ Sec ~a~ Attachments: A - Copy of Notice and Publisher's Certificate B - Resolution C - Fiscal Impact Statement 2 L lC. AT lOC, Exhibit A Inducement Resolution - Approving Revenue Bonds for Virginia Lutheran Homes, Inc., and Roanoke Lutheran Retirement Community, Inc. February 12, 1991 RESOLUTION OF THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF ROANOKE, VIRGINIA WHEREAS, there have previously been described to the Industrial Development Authority of the City of Roanoke, Virginia (the "Authority"), the application of Virginia Lutheran Homes, Inc. ("VLH"), and Roanoke Lutheran Retirement Community, Inc. ("RLRC"), both not-for-profit, Virginia nonstock corporations, a copy of which has been previously filed with the Authority, to finance the acquisition, construction and equipping of a facility for the residence and care of the elderly (the "Project") in the City of Roanoke, Virginia (the "City"); and WHEREAS, VLH and RLRC on July 5, 1988, appeared before the Authority and requested the Authority to agree to issue its revenue bonds in an amount not to exceed $20,000,000; and WHEREAS, the Authority passed an inducement resolution (the "Inducement Resolution"), on July 5, 1988, approving preliminary plans for financing of the Project; and WHEREAS, VLH and RLRC, in their application, supplemental letter and appearance before the Authority, have described the benefits of the Project to the City and its environs, have explained that the existing nursing home currently operated by Exhibit B VLH will be operated together with the Project and that the Project will be owned by either VLH or RLRC and have requested the Authority to agree to issue its revenue bonds in one or more series under the Virginia Industrial Development and Revenue Bond Act, as amended (the "Act"), in such amounts as may be necessary to finance the Project, now estimated not to exceed $30,000,000; and W~EREAS, a public hearing has been held as required by Section 147(b) of the Internal Revenue Code of 1986, as amended (the" Code"), and Section 15.1 - 1378.1 of the Act; and BE IT RESOLVED BY THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF ROANOKE, VIRGINIA: 1. It is hereby found and determined that the financing of the Project will protect and promote the health and welfare of the inhabitants of the City and its environs by assisting in the acquisition, construction and equipping of residential and care facilities for the elderly and by reducing the cost to such inhabitants of utilizing such facilities. 2. The Authority hereby agrees to assist VLH and RLRC by undertaking the .issuance of its revenue bonds for the financing of the Project in one or more series, upon terms and conditions to be mutually agreed upon between the Authority, VLH or RLRC, in an amount currently estimated not to exceed $30,000,000. Such series of bonds may be issued at such time or times as the Authority desires, at the request of VI/{ or RLRC. -2- 3. It having been represented to the Authority that it may be necessary to proceed immediately with the acquisition, construction, equipping and installation of all or part of the Project, the Authority hereby agrees that VLH and RLRC may proceed with financing and construction plans, enter into contracts for such acquisition, construction, equipping and installation and take such other steps as they may deem appropriate in connection therewith, provided that nothing herein shall be deemed to authorize VLH and RLRC to obligate the Authority in each instance to the payment of any moneys or the performance of any acts, including approval of the issuance of the bonds, in connection with the Project. The Authority agrees that VLH and RLRC or related entities may be reimbursed from the proceeds of the bonds, when and if issued, for all costs so incurred by them, subject to bond counsel approval. 4. At the request of VLH and RLRC, the Authority hereby appoints Hunton & Williams as bond counsel to supervise the proceedings and approve the legality of the issuance of the bonds. The Authority hereby consents to representation of the underwriters by Hunton & Williams in connection with the offering and sale of the bonds. 5. All costs and expenses in connection with the financing and the acquisition, construction, equipping and installation of the Project, including the fees and expenses of bond counsel, Authority counsel and any agents or underwriters for the sale of the bonds, shall be paid from the proceeds of the bonds to the -3- extent allowed by law. If for any reason such bonds are not issued or if the proceeds thereof cannot be used to pay all such expenses, it is understood that all such costs and expenses shall be paid by VLH and RLRC and that the Authority shall not have responsibility therefor. 6. In adopting this resolution the Authority intends by this resolution to take "official action" toward the issuance of the bonds within the meaning of regulations issued by the Internal Revenue Service pursuant to Section 103 of the Code and to confirm all such official action previously taken by it. 7. The Authority hereby requests and recommends that the City Council of the city of Roanoke, Virginia, approve the issuance of the bonds for the financing of the Project pursuant to Section 147(b) of the Code and Section 15.1 - 1378.1 of the Act. 8. The Authority shall accept from or on behalf of VLH or RLRC conveyance of the Project or the land in the City on which the Project is to be located. The officers of the Authority are hereby authorized and directed to accept and, if requested by VLH or RLRC, have recorded a proper deed or deeds in connection with such conveyance. If for any reason the bonds are not issued, the Authority shall convey such property to VLH, RLRC, or to such other persons as VLH or RLRC shall request, without cost other than VLH's or RLRC's payment of the expense of preparation and recordation of such deed or deeds of conveyance. -4- 9. This resolution shall take effect immediately upon its adoption. -5- CERTIFICATE The undersigned Secretary of the Industrial Development Authority of the City of Roanoke, Virginia (the "Authority"), hereby certifies that the foregoing is a true, correct and complete copy of a resolution adopted by a majority of the Directors of the Authority present and voting at a meeting duly called and held on February 12, 1991, in accordance with law, and that such resolution has not been repealed, revoked, rescinded or amended, and is in full force and effect on the date hereof. WITNESS the following signature thisl2th day of 1991. February, ~n~o~rfg~hn~. aCity of -6- 5. 6. FISCAL IMPACT STATEMENT February 12, 1991 Roanoke Lutheran Retirement Community, t/a Brandon Oaks and Virginia Lutheran Homes, Inc. Applicant Inc. Roanoke Lutheran Retirement Community, t/a Brandon Oaks and Virginia Lutheran Homes, Inc. Facility Inc. Maximum amount of financing sought $ 30,000,000.00 Estimated taxable value of the facility's real property to be constructed in the municipality 20,000.000.00 Estimated real property tax per year using present tax rates 12,500.00 Estimated personal property tax using present tax rates Tax Exempt Estimated merchants' capital tax per year using present tax rates Tax Exempt Estimated dollar value per year of goods and services that will be purchased locally 3,000,000.00 Estimated number of regular employees on year round basis Average. annual salary per employee · W. Boiling I~rd~ Vice ~hairman Industrial DevelOpment ~uthority of the City of R~anoke, Virginia 70 15,000.00 Exhibit C February 19, 1991 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: SUBJECT: BRIEFING - CITY OF ROANOKE AFFIRMATIVE ACTION PROGRAM I. BACKGROUND Affirmative Action Plan Provides for annual briefing to City Council on the status of Equal Employment and Affirmative Action. Be Revised Affirmative Action Plan was adopted by City Council October 15, 1984. City Council was last briefed on December 26, 1989. II. CURRENT SITUATION Specific Affirmative Action and EEO Programs Personnel Management participated in during FY 1989-90 included: Sponsoring a City of Roanoke Job Fair held at High Street Baptist Church aimed at attracting minorities to City employment. Participating in job fairs at minority and non-minority colleges and universities, including Pembroke State University, Winston-Salem State University, New River Community College, Virginia Tech, Radford University and Roanoke College. Participating in the Roanoke Valley Black College Student Job Fair held at the Patrick Henry Hotel. Sponsoring the annual ministerial luncheon for minority clerq7 held at High Street Baptist Church. Conducting job applicant training for persons interested in learning interviewing techniques. Programs included "How to apply for a job" and "The job winning application". 6. Recruiting for Police Officer positions at Valley View Mall. Honorable Mayor and City Council Page 2 Sponsoring the Internship Program which provided exposure for minority college seniors to various City departments in order to enhance their job market skills. Minority students were placed in the City Attorney's Office, City Library, City School Board, Clerk of Circuit Court, Commissioner of Revenue, Commonwealth Attorney's Office, Department of Finance and Personnel Management. Participatin~ in the Mayor's Committee to Hire the Handicapped program. Attending Affirmative Action Staff Trainin~ Seminars including two round table recruitment sessions sponsored by the International Personnel Management Association and attended the National Association of Public Sector Affirmative Action Officers annual meeting. Also, participated in several Brown Bag Luncheon sessions sponsored by Total Action Against Poverty. 10. Participatin~ in community relations discussions in conjunction with the ministerial Alliance Breakfast Program, Ebenezer A.M.E. Church, Jerusalem Baptist Church and placing participants involved in the Total Action Against Poverty Work Experience Program. City workforce analysis indicates the percentage of minority workers to the total composition remains consistent with that of FY 1988-89. (Attachment A) Further analysis indicates that in all job categories the City continues to maintain a total workforce composition for non-white minorities equal or higher than the percent of available workforce in the Roanoke Statistical Area (MSA). (Attachments B and C) FY 1989-90 hiring analysis of the City of Roanoke's full-time workforce in all EEO categories indicates that 31.9% of new hires were non-white minorities and 37.8% were females. A sample of minority and female new hires includes City Planner, Assistant City Attorney, Risk Management Officer and City Training Coordinator. Honorable Mayor and City Council Page 3 New Hires from July 1, 1989 through June 30, 1990, for regular employment included: Number Percent of Total 1. White Males 102 39.5 2. White Females 74 28.6 3. Minority Males 56 21.7 4. Minority Females 20 7.7 5. Other Males* 2 1.0 6. Other Females 4 1.5 Total 258 100% Promotions during FY 89-90 included 28.77% minorities and 31.51% females. A sample of minority and female promotions included Fire Chief, Deputy Fire Chief, Master Mechanic and Manager of Emergency Services. Promotions through June 30, 1990, all categories: Number Percent of Total 1. White Males 38 52.15 2. White Females 14 19.18 3. Minority Males 12 16.44 4. Minority Females 9 12.33 Total 73 100% Temporary Extra Help employment provides summer help for college students and the general public to meet peak work loads and seasonal work. Number Percent of Total 1. White Males 67 24.4 2. White Females 62 22.6 3. Minority Males 102 37.0 4. Minority Females 43 16.0 5. Other Males 6. Other Females Total 274 100% *Other categories denotes Hispanics, Asians, American Indians or Pacific Islanders and native Alaskans. Honorable Mayor and City Council Page 4 Future initiatives include a revision of the present Affirmative Action Plan, more intensive recruitment at Military Bases Separation Centers for potential public safety applicants, developing improved methods to hire public safety officers, continuing to improve human relations training for supervisors and being responsive to recommendations from the City Manager's Task Force on Community Relations. III. CONCLUSION Affirmative Action is an integral part of the City's human resource plan. If we are to continue to be a successful organization, we must ensure that our diverse workforce has sound human relations skills and that we continue to provide equal employment opportunity to all persons, regardless of their race, color, national origin or handicap. WRH:jh cc: Respectfully submitted, W. Robert Herbert City Manager City Attorney Director of Finance Directors Department Managers Constitutional Officers City Manager's Community Relations Task Force President, Roanoke Chapter, N.A.A.C.P. Attachment A FISCAL YEAR MINORITY MAJORITY 1975-76 1976-77 1977-78 1978-79 1979-80 1980-81 1981-82 1982-83 1983-84 1984-85 1985-86 1986-87 1987-88 1988-89 1989-90 20% 20% 20% 22% 24% 22% 22% 22% 23% 23% 24% 24% 24% 24% 24% 8O% 8O% 8O% 78% 76% 78% 78% 78% 77% 77% 76% 76% 76% 76% 76% CITY OF ROANOKE WORKFOR~E ANALYSIS BY O~GUPATIONAL CATEGORY ,RINg 30, 1990 Attachment B OCCUPATIO{~L CATEGORY WNl'£m~ BL4(~ WHI~E BI~ · O~AL MAI.}C M~LE ~ ~ Officials/Managers Professionals Technicians Protective Service Paraprofessional Administrative Support Skilled Craft Service Maintenance 39 31 3 4 1 282 107 15 120 36 259 177 18 50 14 481 404 35 29 7 85 39 7 24 15 214 9 2 157 45 152 124 23 1 3 391 148 197 30 13 0 0 3 1 0 0 6 0 0 0 0 1 1 0 3 0 City Employment City Employment Percentage 1903 1039 300 415 134 100% 54.6% 15.76% 21.81% 7.04% 13 2 .68% .11% Available Workforce 100% 50.80% 4.90% 38.60% 4.80% .5% .4% Percentage Based on SMSA Briefing, City of Roanoke Attachment C Affirmative Action Program Page I of 9 CITY OF ROANOKE WORKFORCE ANALYSIS FY9~ P p ¢ t 180 80 40 10 0 ~LL O¢Cll?flTl0[~l, CA?EGORIE~ ~/F B/N B/F Race/Se× Catego~ ,CITY PERCENTfiG[ [~l~fi PERCEHTfiGE O/F ALL OCCUPATIONAL CATEGORIES W/M W/F B/M B/F O/M O/F City Emp 1 oyment I. 1,g39 415 3g~ 134 13 City Percentage II. 54 6g 21 81 15 76 ? g4 g 68 ~ 11 Available Available Workforce Workforce Percentage Comparison Ratio III. 5~ 8~ 38 6~ 4 9~ 4 8~ g 5~ ~ 4~ II./III. 1.~7 ~.56 3.22 1.47 1,37 g.26 Other category includes American Indian, Asian, Alaska Native, Pacific Islander, and Hispanic. Briefing, City of Roanoke Attachment C Affirmative Action Program Page 2 of 9 CITY OF ROANOKE WORKFORCE ANALYSIS FYgg P e ¢ e II t a e ?0' 60' 50~ 10 0 OFFICI~L/~I~IHIgIRaTIUE Race/Sex Categopg ,CITY PERCEHTRGE ~]SHga PERCEHIaGE O/F OFFICIAL/ADMINISTRATIVE City City Employment Percentage W/M 31 W/F 4 B/M 3 B/F 1 O/M ~ O/F M City/ Available Available Workforce Workforce Percentage Comparison Ratio II. III. II./III. 79.49 72.6g 1.~9 1~,26 23.6g ~.43 7.69 2.2~ 3.5~ 2.56 1.~ 2.56 ~.~ ~.5~ Other category includes American Indian, Asian, Alaska Native, Pacific Islander, and Hispanic. Briefing, City of Roanoke Attachment C Affirmative Action Program Page 3 of 9 CITY OF ROANOKE WORKFORCE ANALYSIS FY90 1~- 90- 80- ?~- 60- 50- 48- 38- 29- I~- PROFE~ l 0Hill X/F B/~ B/F OH Race/Sex Catego~,y · CITY PERCEHTI~GE [] S[~Xfi PERCENTtlGE O/F PROFESSIONAL W/~ W/F B/M B/F O/M O/F City Employment I. 107 120 15 36 3 1 City Percentage II. 37 94 42 55 5 32 12 77 1 06 0 35 City/ Available Available Workforce Workforce Percentage Comparison Ratio III. 48 60 44 70 2 00 3 60 II./III. 0.?8 0.95 2.66 3.55 1.77 0.71 Other category includes American Indian, Asian, Alaska Native, Pacific Islander, and Hispanic. Briefing, City of Roanoke Attachment C Affirmative Action Program Page 4 of 9 CITY OF ROANOKE WORKFORCE ANALYSIS FYgii P e n 80 70 10- TECHHIOIL N/F B/N B/F Race/Se× Cateffovy ,CITY PERCEN[AGE [] SNSA PERCEHI~GE T O/F TECHNICAL W/M W/F B/M B/F O/M O/F City City Employment Percentage 177 18 14 II. 68 34 19 31 6 95 5 41 City/ Available Available Workforce Workforce Percentage Comparison Ratio III. 61 4ii 33 5ii 1 3ii 3 iiii II./III, 1,11 5.35 Other category includes American Indian, Asian, Alaska Native, Pacific Islander, and Hispanic. Briefing, City of Roanoke Attachment C Affirmative Action Program Page 5 of 9 CITY OF ROANOKE WORKFORCE ANALYSIS FYga PI~OTECII~E §ER~ICE 90- 80- 70- 60- ~0- 40- 30- 20- 10- 0 R/N ~/g B/N B/F O/N O/F ~CII¥ PE~CENTfiGE ~::~N~fi PERC~IfiGE PROTECT IVE W/M W/F B/M B/F O/M O/F SERVICE City Emp 1 oyment I. 494 29 35 ? 6 City Percentage II. 83 99 6 g3 7 28 1 46 1 25 City/ Available Available Workforce Workforce Percentage Comparison Ratio III. 85 5a 7 aa 5 Ia 1 aa lI./lIl. 1.43 3,64 1.25 Other category includes Ar~erican Indian, Asian, Alaska Native, Pacific Islander, and Hispanic. Briefing, City of Roanoke Attachment C Affirmative Action Program Page 6 of 9 CITY OF ROANOKE WORKFORCE ANALYSIS FYgg P ~oo | P~Rfi-PROFES~;i OHitL ~/F B/M B/F 0/8 Race/Sex Catego~ ,C11¥ PERCENTAGE ~]S~A PERCENIfiGE O/F PARA-PROFESSIONAL W/M W/F B/F O/M O/F City/ Available Available City City Workforce Workforce Employment Percentage Percentage Comparison Ratio I. II. III. II./III. 39 45.88 9.1g 5.g4 24 28.24 65.4g g.43 7 8.24 6.~ 1.37 15 17.65 17,9g g.99 g g.gg g.5g g.gg g g.gg 1.1g g.gg Other category includes American Indian, Asian, Alaska Native, Pacific Islander, and Hispanic, Briefing, City of Roanoke Attachment C Affirmative Action Program Page ? of 9 CITY OF ROANOKE WORKFORCE ANALYSIS FYgg P ¢ II e 70 ~0 40 30 10 0FFI C£/CLERI CfiL Race/gex Cate~0~ ,CITY PERCENTAGE []S[~fi PERCEIqIfiGE O/F OFFICE/CLERICAL W/M W/F B/M B/F O/M O/F City/ Available Available City City Workforce Workforce Employment Percentage Percentage Comparison Ratio I. II. III. II,/III. 9 4.21 24.9~ g.17 157 73.36 67.3~ 1.~9 2 ~.93 2.1~ ~.45 45 21~3 5.2~ 4.g4 I ~.47 ~.4~ 1.17 Other category includes American Indian, Asian, Alaska Native, Pacific Islander, and Hispanic. Briefing, City of Roanoke Attachment C Affirmative Action Program Page 8 of 9 CITY OF ROANOKE WORKFORCE ANALYSIS FYgg P ¢ e n e 9~ 78. 6~' 5~ 4~ 38 2g SKILLED H/F B/N B/F Race/Sex Ca[ego~ · CITY PERCEHTAGE [] SNS~ PERCENTAGE SKILLED CRAFT W/M W/F B/M B/F O/M O/F City/ Available Available City City Workforce Workforce Employment Percentage Percentage Comparison Ratio I. II. III. II./III. 124 81.58 87.5~ ~.93 I ~,66 5.2~ ~,13 23 15.13 6.1ff 2.48 3 1.97 ~.5~ 3,95 I ~.66 ~.6~ 1.1~ Other category includes American Indian, Asian, Alaska Native, Pacific Islander, and Hispanic. Briefing, City of Roanoke Attachment C Affirmative Action Program Page 9 of 9 CITY OF ROANOKE WORKFORCE ANALYSIS FYgff ? C 96- 8~- 7~' 30' 20 0 S ERO l (:E/I~ I NTEHfiHCE H/F B/N B/F OH Race/Sex Category III CITY PERCEHT~GE [::]SNSh PERCEHTflGE SERVICE/MAINTENANCE W/F B/M B/F O/M O/F City City Employment Percentage 148 3g 197 13 3 g 37 85 7 67 5{~ 38 3 32 f 77 f ff City/ Available Available Workforce Workforce Percentage Comparison Ratio III. 5f 7f 3f 7g Iff ff 7 4g f 6g II./III. f.75 f.25 5.f4 f.45 1.28 Other category includes American Indian, Asian, Alaska Native, Pacific Islander, and Hispanic. MARY f. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S W ,Room 456 Roanoke, Virg~ma 24011 Telephone: (703) 901-2S41 February 21, 1991 File #60-246 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance Ho. 30409-21991 amending and reordaining certain sections of the 1990-91 Consortium Fund Appropriations, providing for the appropriation of $157,317.00 to the Fifth District Employment and Training Consortium, repre- senting funds received from the Governor's Employment and Training Department and the Virginia Employment Commission. Ordinance Ho. 30409-21991 was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, February 19, 1991. Sincerely, ~~ Mary F. Parker, C~4C/AAE City Clerk MFP:ra Enc. pc: Mr. Mr. Ms. S. Mr. W. Robert Herbert, City qanager James D. Ritchie, Director of Human Resources Carolyn H. Harrett, Administrator, 310 Campbell Avenue, ~., Roanoke, Virginia 24016 Harry L. Key, Manager, Office of Management and Budget IN ~E COt~CIL OF THE CITY OF ROANOKE, VIRGINIA Th~ 19th Day of February, 1991. No. 304u~-21991. AN O~LDINANCE to amend and reordain certain sections of the 1990-91 Consortium 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 1990-91 Consortium Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Fifth District Employment & Training Consortium - FY91 (1-23) ......................................... $1,450,327 Revenue Fifth District Employment & Training Consortium - FY91 (24-27) ........................................ $1,450,327 1) Boddie Noel Enterprises 2) Anderson News Co. of VA. 3) Deluxe Floors 4) Lubrication Specialists 5) Magic Lube 6) Hooks Super-X 7) Pizza Hut 8) TAPS, Inc. 9) ECPI 10) VWCC 11) Dominion Business School 12) Roanoke Memorial LPN Program 13) Wages 14) Fringes (034-054-9161-8126) $ 200 (034-054-9161-8127) (034-054-9161-8130) (034-054-9161-8122 (034-054-9161-8124 (034-054-9161-8203 (034-054-9161-8148 (034-054-9161-8174 (034-054-9161-8175 (034-054-9161-8192 312 704 (034-054-9161-8215) 500 (034-054-9161-8350) 6,000 (034-054-9161-8351) 10,843 (034-054-9161-8197) 7,181 2,079 2,450 2,630 878 27,900 4,684 4,877 15 16 17 18 19 20 21 22 23 24 25 26) Funding Authority Wages Fringes Travel DSLCC IR-40% Funding Authority DSLCC Academy of Real Estate ECPI Title IIA Admin. Title IIA Training Title III EDWAA Formula 27) Title III EDWAA 40% 034-054-9161-9990 034-054-9181-8400 034-054-9181-8401 034-054-9181-8402 034-054-9181-8238 034-054-9181-9990 034-054-9181-8201 034-054-9181-8195 034-054-9181-8175 034-034-1234-9160 034-034-1234-9161 034-034-1234-9181 $ 46,209 6,576 921 250 11,767 8,066 8,400 302 3,588 16,843 100,604 17,123 034-034-1234-9182) 22,747 BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: this City Clerk. February 19, 1991 Roanoke, Virginia Honorable Mayor and City Council Roanoke, Virginia Members of Council: Funding for the Fifth District Employment and Training Consortiun Fifth District Employment and Training Consortium (FDETC) submitted its Fiscal Year 1991 Title IIA Implementation Strategy, to the Governor's Employment and TrainingDepgrt~nent (GETD). Planned programs include on-the-job training, job related education, classroom training, job placement activities and remedial education. Agency has also submitted its Implementation Strategy for the Title III, Economic Dislocated Worker Adjustment Act (EDWAA), program activities for the fiscal year 1991. Planned programs include on-the-job training, classroom train- ing, customized training, remmdial education and job placement activities, for those who have been laid off from work, due to plant closings or a natural disaster. City of Roanoke is the grant recipient for Consortium funding. City Council must appropriate the funding of all grants the Consortium received. II. ~ SITUATION GETDhas sent to the Consortium, Notice of Award (NOA), #91-03-02 in the amount of $117~447 of additional funding for the Title IIA program. u~'l~has awarded the Consortium, NOA #E-02 in the amount of $16,020 and NOA #E-03 in the amount of $1,103 for funding of the Title III EDWAAprogram. C. Virginia Employment Commission (VEC) has awarded the Consortium, Agreen~nt #GRP-90-7-3 in the amount of $22,747 for EDWAA40% Funds. III. ISSUES A. Program Operations B. ~nding C. Timing City Council Report February 19, 1991 Page 2 IV. AL'i'~m~ATIVES Appropriate the Consortium's additional funding of $157~317.00 and increase the revenue estimate by $157,317.00 in accounts to be established by the Director of Finance. Program Operation - Existing programs will continue, planned progr~0s will be implemented and now programs will be initiated by the Consorti~n's Policy Board and Private Industry Council. Consortium staffing level will be maintained. Funding - Increased funding is available from the grantor agencies, at no cost to the city. 3. ~ - Immediate action will allow programs to be implemented and completed in planned tire, frames. Do not appropriate the Consortium's additional funding of $157~317.00 and increase the revenue estimate by $157,317.00 in accounts to be established by the Director of Finance. Program Operation - Planned and additional programs to serve participants would be c~rtailed. Consortium staffing would be reduced. 2. Funding - Not a factor. 3. ~ - Delay will cause late start-up of programs and under- expenditure of available funds. V. REC(~vlMENI~TION Approve Alternative A: A. Appropriate the Consortitun's additional funding of $157,317.00 and increase the revenue estimate by $157~317.00 in accounts to be established by the Director of Finance. Respectfully submitted, W. Robert Herbert City Manager JDR:nd cc: Director of Finance City Attorney MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S W, Room 456 Roanoke. Virginia 24011 Telephone: (703)981-2541 February 21, 1991 SANDRA H. EAKIN Deputy C~y Clerk File #122-195-169 Ms. Kathleen M. Genaitis Chief Executive Officer Virginia Skyline Girl Scout Council, 413 Apperson Drive Salem, Virginia 24153 [nc. Dear Ms. Genaitis: I am enclosing four copies of Resolution No. 30410-21991 waiving the standard rental fee for use of the National Guard Armory by the Virginia Skyline Girl Scout Council for a "Thinking Day", and granting concession rights in conjunction with said event. Resolution No. 30410-21991 was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, February 19, 1991. Please sign and return three copies of Resolution No. 30410-21991 to the City Clerk's Office, Room 456, Municipal Building, Roanoke, Virginia 24011. You are requested to file your General Liability Insurance Certificate with the undersigned no later than Friday, March 8, 1991. Sincerely, ~gTL.~J~ Mary F. Parker, CMC/AAE City Clerk MFP:ra Enc. pc: Ms. Lois M. Roberts, Co-Chair, 1991 Thinking Day Activity, 5939 Flamingo Drive, S. W., Roanoke, Virginia 24018 Mr. W. Robert Herbert, City Manager Mr. George C. Snead, Jr., Director of Administration and Public Safety qr. Gary N. Fenton. Manager, Parks and Recreation/Grounds Maintenance Ms. Dolores C. Daniels, Citizens Request for Service ~s. Lauren G. Eib, Risk Management Officer Ms. Sandra H. Eakin, Deputy City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, The 19th Day of February, 1991~ No. 30410-21991. VIRGINIA, A RESOLUTION waiving the standard rental fee for use of the National Guard Armory by the Virginia Skyline Girl Scout Council for a "Thinking Day" and granting concession rights in conjunction with such event. WHEREAS, by Resolution No. 24982, dated January 28, 1980, this Council established a policy with respect to waiver of rental fees for use of City facilities and property by certain organizations. WHEREAS, the Virginia Skyline Girl Scout Council complies with the criteria for waiver of such fees set forth in Resolution No. 24982. WHEREAS, Council deems it appropriate to waive rental fees for the "Thinking Day" to be sponsored by the Virginia Skyline Girl Scout Council and to grant concession rights in conjunction with such event. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. use of The Virginia Skyline Girl Scout Council shall be authorized the National Guard Armory on March 16, 1991, with waiver of the standard rental fees. 2. Such organization or its designee shall be authorized to operate concessions in conjunction with such event. 3. The applicant organization shall, and by execution of this resolution, does agree to indemnify and save harmless the City, its officers, agents and employees from any and all claims, legal actions and judgments advanced against the City and for expenses the City may incur in this regard, arising out of such organization's intentional acts or negligent acts or omissions and property. 4. The applicant organization terms and conditions related to use of City facilities shall comply with all applicable of Resolution No. 24982, dated January 28, 1980. ATTEST: ACCEPTED AND EXECUTED by , 1991. City Clerk. the undersigned this day of VIRGINIA SKYLINE GIRL SCOUT COUNCIL ATTEST: By Title STATE OF VIRGINIA CITY OF The day of foregoing $ To-Wit instrument was acknowledged before me this , 1991, by , on behalf of the Virginia Skyline Girl Scout Council. My Commission Expires: and Notary Public Roanoke, Virginia February 19, 1991 Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: SUBJECT: Waiver of Rental Fee and granting Concession Rights and C~mmisslon to the Virginia Skyline Girl Scout Councll for use of the National Guard Armory. I. BACKGROUND: Virginia Skyline Girl Scout Council will participate in an international event called "Thinking Day" on Saturday, March 16, 1991 between 12 noon and 4 PM. "Thinking Day" is an activity that will provide an opportunity for approximately 300 local Girl Scout members to learn more about people in other countries. National Guard Armory has been requested for use, by the Girl Scout Council, with a waiver of the rental fee and the granting of concession rights and commission. Refer to attached letter. Concession Proceeds will be used by the Girl Scout Council to offset the expense of sending older Girl Scouts on a summer trip. II. CURRENT SITUATION: National Guard Armory is available on the date and at the time as requested by the Girl Scout Council. City Council authorization is required to waive rental fees and to grant concession rights and commissions in accordance with Resolution No. 24982. General Liability Insurance must be provided by lessee to include bodily injury and property damage with limits to be one million ($1,000,000.00) dollars per occurrence and have the City named as additional insured. A certificate of insurance, acceptable to the Risk Management Officer, shall be deposited with the City Clerk prior to the event. III. ISSUES: A. Availability: B. Compliance: C. Insurance: D. Rental Fee: E. Concession Rights and Commission IV. <ernative= Waive rental fee and grant concession rights and commission to the Virginia Skyline Girl Scout Council for use of the National Guard Armory on Saturday, March 16, 1991. Availability of the National Guard Armory for the event has been confirmed. Compliance of the Girl Scouts as an exempt nonprofit organization has been met. Insurance required for the event has been submitted and approved. Rental Fee for the National Guard Armory in the amount of '$300.00 would be waived, however, the direct expense of $18.40 for a City employee to open and close the facility would be reimbursed. Concession Rights and Commission for the event would be assigned to the Girl Scout Council. Do not waive rental fees or grant concession rights and commission to the Virginia Skyline Girl Scout Council. Availability of National Guard Armory for the event would exist, however, the Girl Scout Council may seek an alternate location for the event. Compliance of the Girl Scouts as an exempt nonprofit organization would not be considered. Insurance required for the event has been submitted and approved. Rental Fee of $300.00 would be charged to a local exempt nonprof~-~ organization for the use of the National Guard Armory. Concession Rights and Commission would be separately contracted with the Girl Scout Council receiving no concession proceeds. V. RECOMMENDATION: City Council concur with Alternative "A" to waive rental fee and grant concession rights and commission to the Virginia Skyline Girl Scout Council for use of the National Guard Armory on Saturday, March 16, 1991. Respectfully submitted, W. Robert Herbert City Manager LBV/cvs Attachment cc: City Attorney Director of Finance Director of Administration and Public Safety Manager, Parks, Recreation and Grounds Maintenance Citizen Request for Services Risk Management Officer Lois M. Roberts, Co-Chair, 1991 Thinking Day Activity Virginia Skyline Girl Scout Council Trefoil Service Unit 5939 Flamingo Dr., SW Roanoke, VA 24018 Mr. Gary Fenton, Manager Roanoke Parks and Recreation Dept. 210 Reserve Ave., SW Roanoke, VA 24016 Dear Sir, We would like to request the rent-free use of the Armory Building on Saturday, March 16, 1991, from 12 noon until 4:00 PM. We are plannlng to gather together up to 33 troops and ~rou~ of Girl Scouts for a "Thinking Day" activity. Thinking Day is a day for Girl Scouts and Girl Guides everywhere to "think about" each other, to show the spirit that unltes all members of the World Association of Girl Guides and Girl Scouts in international friendship. This year we plan to highlight the four world centers sponsored by the World Association, and one national center. The locations are Our Cabana in Mexico, Our Chalet in Switzerland, Pax Lodge in ~gland, Sangam in India, and the Juliette Low birthplace in Savanna, Georgia. Through displays, activities, games, son~ and dances presented by varlous troops, we plan to help the approximately 300 girls and their leaders who attend to learn more a~ut the people in other countries, as well as Juliette Low, who founded Girl Scouting in the United States. We have a group of older Girl Scouts from all over our council who are planning a trip to Our Chalet in Switzerland this summer. They will be making money for their trip by selllng food snacks representative of the flve locations highlighted, as well as drinks and other snacks. However, the Girl Scouts as an organization, as will as this activity in particular are non-profit operations. It is difficult to find a location large enough to accommodate this many girls and adults for this t]~pe of interactive activity. We, as Girl Scouts, make it a practice to leave a place "better than we found It", if possible. Our Thinking Day activity at the Armory last year on February 24 enriched the understanding of approximately 300 girls, and, with your permission, we would like to have it here again. Thank you for your consideration. Sincerely, LOIS M. Roberts Ge-chair, 1991 Thinking Day Activity cc: Master Sgt. Dean Jones MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue,$ W ,Room 456 Roanoke, Virginia 24011 Telephone: {703) 9B1-2541 SANDRA H. EAKIN Deputy C~ty Clerk February 21, 1991 File #51 Mr. Edward A. Natt Attorney 1919 Electric Road, S. W. Roanoke, Virginia 24018 Dear Mr. Natt: I am enclosing copy of Ordinance No. 30398-21991 amending con- ditions preferred in the October 18, 1987, rezoning of a tract of land containing 18.3 acres, located at 3804 Brandon Avenue, S. W., identified as Official Tax No. 5180304, from RS-l, Residential Single Family District, to RM-2, Residential Multi-Family, Medium Density District, which amendment more spe- cifically involves a change in the site plan proffered as a con- dition to tile rezoning. Ordinance No. 30398-21991 was adopted by the Council of the City of Roanoke on first reading on Monday, February 11, 1991, also adopted by the Council on second reading on Tuesday, February 19, 1991, and will take effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:ra Enc o pc: Church of Jesus Christ of Latter Day Saints, 3808 Brandon Avenue, S. W., Roanoke, Virginia 24018 Mr. & Mrs. Edward F. Lovell, 3501 Loblolly Lane, S. ~., Roanoke, Virginia 24018 Mr. & Mrs. W. G. Blades, 3502 Loblolly Lane, S. W., Roanoke, Virginia 24018 Ms. Mary W. McNeil, c/o Mr. J. T. Meadows, Jr., 801 State and City Building, Roanoke, Virginia 24018 Mr. & Mrs. Herman E. Wertz, 3507 Valentine Road, $. W., Roanoke, Virginia 24018 IN THE COUNCIL OF THE CITY OF ROANOKE, The 19th Day of February, 1991. No. 30398-21991. VIRGINIA, AN ORDINANCE to amend S36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 518, Sectional 1976 Zone Map, City of Roanoke, to change conditions previously proffered in connection with the rezoning of certain property within the City. WHEREAS, a petition has been presented to the Council of the City of Roanoke to amend conditions previously proffered in con- the rezoning of the hereinafter described property; nection with 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 petition at its meeting on February 11, 1991, 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 changing of proffered conditions; and WHEREAS, this Council, after considering the aforesaid peti- tion, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters pre- sented at the public hearing, is of the opinion that the con- Members of Council Page 2 February 11, 1991 That the berm along the southwest corner of the property line bordering the property of Mr. and Mrs. Lovell be constructed at the outset of the work. Amended petition to change conditions proffered under the original rezoning was filed on December 12, 1990. The requested change to the proffered conditions consisted of the following: "That subsequent to the adoption of said Ordinance, the Petitioner has concluded that a change in the site plan is desirable in order to permit the saving of the bulk of the large caliper (24 inch and greater) trees in the area in which cottages would be located. If the original proffered plan is followed, the majority of said trees will be lost. The revised plan would permit the relocation of the units to fit them along the existing large trees. This would require that some of the units will be closer to the property line than shown on the original site plan. The total number of units will remain 172. There will be only 18 cottage duplex units with the proposed change, rather than 22 as shown on the original plan. The number of units in the main structure will be increased by four as shown on the plan attached hereto as Exhibit "B". Accordingly, the Petitioner wishes to amend the present zoning conditions to permit the revised conceptual site plan prepared by Sherertz~ Franklin~ Crawford & Shaffner, dated December 12, 1990, a copy of which is attached to this Petition as Exhibit "B", to apply, subject to any changes required by the City during comprehensive development plan review." First amended petition was filed on January 8, 1991. The revision to the requested change in proffered conditions consist of the following: "That subsequent to the adoption of said Ordinance, the Petitioner has concluded that a change in the site plan is desirable in order to permit the saving of the bulk of the large caliper (24 inch and greater) trees in the area in which cottages would be located. If the original proffered plan is followed, the majority of said trees will be lost. The revised plan would permit the relocation of the units to fit them among as many existing large trees as possible. The total number of units will remain at 172. There will be only 18 cottage duplex units with the proposed change, rather than 22 as shown on the original plan. The number of units in the main structure will be increased by four as shown on the Members of Council Page 3 February 11, 1991 plan attached hereto as Exhibit "B". Accordingly, the Petitioner wishes to amend the present zoning conditions to permit the revised concept plan prepared by Sherertz, Franklin, Crawford & Shaffner, dated January 4, 1991, a copy of which is attached to this Petition as Exhibit "B", to aDpl¥, subject to any changes required by the City durin~ comprehensive development plan review." Plannin~ Commission public hearin~ was held on January 9, 1991. Mr. Edward Natt, attorney, appeared before the Commission representing Virginia Lutheran Homes, Inc., and stated that on behalf of his clients he would like to request that this matter be continued to the January 23, 1991, Planning Commission meeting. He further stated that the reason for the requested continuance was to provide an opportunity for his clients to meet with the neighborhood group and area residents to discuss the most recent concept plan proposal, dated January 4, 1991, that is to be proffered as an amendment to the conditions of the 1987 rezoning. By a vote of 7-0, the Planning Commission voted to continue the matter to the January 23, 1991, meeting. Second Plannin~ Commission public hearing was held on January 23, 1991. Mr. Natt, attorney, appeared before the Commission and summarized the sequence of events that had taken place up the current meeting. He then presented to the Commission a series of site plan displays as he explained to the Commission the changes from the 1987 site plan and the proposed revised site plan. He further presented renderings that reflected different views of the proposed development on the site from points on the adjoining properties. Mr. Kevin Russell (3435 Valentine Road, SW) an adjoining property owner to the south of the proposed development site, appeared before the Commission and stated that despite the meetings that have been held on this project, he felt there were still some concerns that needed to be addressed with this revised plan. Mr. Russell proceeded to present to the Commission a display with a number of photographs of the natural tree stand along their common property line and talked about the proposed cottage layout, the layout of the road to those cottages and the proposed drainage system along the southeastern portion of the property. Members of Council Page 4 February 11, 1991 Mr. Phillip Coulter (3427 Valentine Road, SW) also an adjoining property owner along the south side of the development site, appeared before the Commission and stated that the plan being presented today was a result of quite a number of meetings with the developer and frankly felt that even though it represented considerable improvement from where they started in the beginning, there was still some more work to be done. He further stated that there were other people in the audience that wanted to speak to this issue and he introduced Mrs. Mann, an adjoining property owner, who would be affected by the drainage problem along the southeastern corner of the site. Mrs. Bonnie Mann (3389 Valentine Road, SW) appeared before the Commission and stated that in 1987 when the rezoning took place, they met with the representatives of Virginia Lutheran Home and was demonstrated by the use of balloons, the elevations of the cottages and the congregate care facility from their property onto the site. She further stated that the cottages and proposed roadway were to be on the north side of the ridge line on the site and they would not see cars, headlights and just the top of the roof lines. Mrs. Mann stated that she felt they were lied to and this plan does not do what they said they were going to do originally because the road is on the crest of the ridge and that the unit along the southeastern corner of the site would be closer to her backyard than the one on the previous plan. She then offered to the Commission a conceptual rendering that they had prepared that could perhaps meet their concerns as well as satisfy the developer. Mr. Michael Gagliostro (3419 Valentine Road, SW) also an adjoining property owner along the south side of the site, appeared before the Commission and stated that to add to the other concerns already expressed, the adjoining residents were assured in 1987 that the natural buffer and existing stand of trees along the southern property line of the site would be maintained and given the fact that there was discussion and a previous proposal to eliminate that buffer the residents would like some guarantee that the buffer would be maintained as shown on the new plan and that this be reflected on the tax maps accordingly sot hat the neighbors will not have to go through this battle again. Mr. Tommy Meadows, attorney representing the McNeil property to the west of the site, appeared before the Commission and stated that he was quite appalled by the proceedings because he had not been invited to any of the neighborhood meetings nor has he had the opportunity to review or comment on any of the plans until this meeting. Members of Council Page 5 February 11, 1991 Mr. Natt appeared before the Commission and with the support of representatives from the design firm on the project, proceeded to respond to the questions and concerns expressed by the residents of the area. After lengthy discussion from Commission members to the petitioner and to the area residents, Mr. Natt agreed to proffer two additional conditions on the amended rezoning request. The planning staff felt that the revised proffered concept plan, in conjunction with the two additional conditions, met the overall issues and concerns addressed in the original 1987 rezoning of the property as well as the requested change being reasonable and appropriate and therefore recommended approval. Seconded amended petition was filed on January 24, 1991. The following conditions were proffered by the petitioner: That the development of the property will be in substantial conformity with the revised concept plan prepared by Sherertz, Franklin, Crawford & Shaffner, dated January 4, 1991, with the January 15, 1991, notations, a copy of which is attached to this petition as Exhibit "B", subject to any changes required by the City during comprehensive development plan review. That the project will include such screening and buffering at the southeast corner of the development so as to prevent headlights from said area being visible to the residences on adjoining properties located on Valentine Road. That all drainage from the developed area will be collected into detainment basins and piped from the same to a public storm drainage system in a manner approved by the Engineering Department of the City of Roanoke. II. Issues: Zonin9 is currently conditional RM-2, Residential Multifamily District. If the proposed amendment to the proffered conditions is approved, the zoning of the property would remain the same but the property could be developed in accordance with the revised concept site plan. Land use of the subject property is primarily vacant, undeveloped with the existing Virginia Synod Lutheran Home for adults (a 62 bed facility) being Members of Council Page 6 February 11, 1991 located on the front portion of the site along Brandon Avenue. Land uses in the area are as follows: single family residential homes to the south, east and west; a church to the northwest and offices and apartments to the north, across Brandon Avenue. Utilities are adequate and available to the site. During and upon completion of the proposed construction, the petitioner will comply with the City's storm water management policy and sedimentation and erosion control ordinance to prevent any negative impacts onto adjoining properties. Access to the proposed development would remain from Brandon Avenue. Traffic impact of the proposed facility would be minimal given the programmed construction of Peters Creek Road Extension, which is in very close proximity to this site. Neighborhood is primarily single family residential on the south side of Brandon Avenue with multi- family apartments and offices on the north side of Brandon Avenue, across from the subject property. Neighborhood organization is the Greater Deyerle Neighborhood Association. Several meetings have been held to discuss this project with area residents, officers of the neighborhood association, the petitioner and its technical support staff and City staff. As a result of the last meeting held on January 15, 1991, the consensus of the adjoining property owners to the proposed development site was that the most recently revised concept plan, labelled and referred to as Plan "C" is the best plan that has been presented for the development of the property as a change to the original plan proffered in 1987 and in that perspective they do not object to this proposed concept plan for development. F. Comprehensive Plan recommends that: Neighborhood character and environmental quality should be protected. Changes in land use and development should be carefully evaluated and designed to ensure compatible new development occurs with adequate open space buffers to protect the remaining community from potential land use conflicts. New housing and housing types should be encouraged to respond to current needs. Services should be made available to allow Roanoke's elderly to remain in their neighborhoods as long as possible. Members of Council Page 7 February 11, 1991 III. Alternatives: A. City 1. B. City 1. 4. 5. 6. Council approve the request. Zonin~ would remain RM-2, Residential Multifamily District, with an amended proffered condition for a revised concept site plan. Land use would become a planned retirement community as previously approved. The special exception permits needed for the home for adults and the congregate care facility from the City's Board of Zoning Appeals will have to be requested again due to the change in the site plan and the expiration of those previously obtained permits. Utilities are available and unaffected by the revised site plan. Access to the site would be the same as was previously approved via Brandon Avenue. Neighborhood concerns as to the major impacts of the development (retention of the natural vegetated buffer along the southern and western project boundaries, the softening of the height of the congregate care facility, and the storm water management on the property) have been thoroughly discussed and properly addressed in the revised proffered concept site plan and has resulted in a better development scheme and design for the property. Comprehensive Plan issues as set forth would be followed. Council deny the request. Zoning would remain RM-2, Residential Multifamily District. Development of the property could occur in accordance with the existing proffered site plan dated September 2, 1987 (labeled Exhibit "A"). Land use would become a planned retirement community as previously approved. Utilities would be unaffected. Access would be unaffected. Neighborhood concerns are addressed. Comprehensive Plan issues as set forth would be followed. Members of Council Page 8 February 11, 1991 IV. Recommendation: By a vote of 6-0 (Mr. Price absent) the Planning Commission recommended approval of the proposed amendment to the previous rezoning conditions as requested. The preservation of the substantial natural vegetative buffer along the southern perimeter of the property, the supplementation of the existing vegetation along the western property boundary by the addition of plant material and a landscaping berm, in conjunction with the reduction in the number and spatial rearrangement of the cottages, demonstrate a sensitivity to the needs and concerns of the adjoining properties as well as to the overall character of the neighborhood. The provision of this type of facility and its alternative housing schemes has been identified as a community need in the City's comprehensive plan and the general site location is conducive to the development of a planned residential subcommunity such as this. Respectfully submitted, Paul C. Buford, ~r., Vice Chairman Roanoke City Planning Commission JRM:EDD:mpf attachments cc: Assistant City Attorney Director of Public Works City Engineer Building Commissioner Attorney for the Petitioner VIRGINIA: IN THE COUNCIL OF THE CITY OF ROANOKE IN RE: Rezoning to change proffered conditions for a tract of land containing 18.3 acres located at 3804 Brandon Avenue, SW. (Official Tax No. 5180304) SECOND AMENDED PETITION TO CHANGE PROFFERED REZONING CONDITIONS TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE (1) By Ordinance No. 28820, adopted by this Council or October 19, 1987, the property which is the subject of this Petition (originally identified as Official Tax No. 5180304) was rezoned from RS-I, Single-Family Residential District, to RM-2 Resident Multi-family District, subject to certain conditions proffered by the then petitioner, Virginia Lutheran Homes Incorporated. A copy of that ordinance is attached hereto as Exhibit "A". (2) That Lutheran Homes, the present owner of the property is Virginia Incorporated, the successor to Virginia Synod Lutheran Home, a Virginia corporation and the developer of the project is The Roanoke Lutheran Retirement Community, Inc., a Virginia Corporation. (3) That subsequent to the adoption of said Ordinance, the Petitioner has concluded that a change in the site plan is desirable in order to permit the saving of the bulk of the large caliper (24 inch and greater) trees in the area in which cottages would be located. If the original proffered plan is followed, the majority of said trees will be lost. The revised plan would permi~ the relocation of the units to fit them among as many existing large trees as possible. The total number of units will remain at 172. There will be only 18 cottage duplex units with the proposed change, rather than 22 as shown on the original plan and the number of units in the main structure will be increased by four. Accordingly, the Petitioner wishes to amend the present (1987 zoning conditions by proffering the following conditions: the 1. That the development of the property will be in substantial conformity with the revised concept plan prepared by Sherertz, Franklin, Crawford & Shaffner, dated January 4, 1991, with the January 15, 1991, notations, a copy of which is attached to this Petition as Exhibit "B", subject to any changes required by the City during comprehensive development plan review. 2. That the project will include such screening and buffering at the southeast corner of the development so as to prevent headlights from said area being visible to the residences on adjoining properties located on Valentine Road. 3. That all drainage from the developed area will be collected into detainment basins and piped from the same to a public storm drainage system in a manner approved by the Engineering Department of the City of Roanoke. (4) Attached as Exhibit "C" are the names and addresses o~ 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. 2882( of this Council be changed and amended as set forth above, accordance with the provisions of the Zoning Ordinance of the Cit~ of Roanoke. Dated: January 4, Edward A. Natt, Esquire OSTERHOUDT, FERGUSON, NATT, AHERON & AGEE, P.C. 1919 Electric Road, SW Roanoke, VA 24018 zonpet.nl\p 1991. Respectfully submitted, THE ROANOKE LUTHERAN RETIREMENT COMMUNITY, INC. Of Counsel 3 IN ~l~ COb'NCIL OF ~ C17¥ OF i~K~' ¥iRGINIA. The 19th da.v of 0'¢tober, 1987. 28820. AN ORD[IqA~CE to amend 136.1-3, COde of the City of Roanoke (lg?! al amended, and Sheet No. 518, Sectional 1976 Zone ~p, City of Roanoke. to rezone certain property within the City, subject to ce: tein condittone proffered by the applicant, M-IER£AS, application has been made to the Council oS the City o Roanoke to have the hereinafter described property rezoned from Residential Single-Family District. to RAt-i, Residential-.Multi-Femil Medium Density District, subject to certain conditions ~rOf~ered by the applicant; and WHEI~AS, the City Planning Commission, ~vhioh after giving proper notice to ell concerned as required by 136.1-693, Code of the City o Roanoke (191~), as amended and after conducting a public hearing on the matte~, has made its reco~endation to ~uncil; and ~AS, I public heaping ~as held on said application by the Council it itl meetinK on Octobe~ 12, I~8?, ~fter due and timely notioe thereof al reqvired by 536.1-653, Co~e of the City of ~oano~e (19T9), iS amended, at ~ich he[ring all parties in interest zenm were given an opportunity to be heard, both for and against the p~oposed rezonins~ and ~R~S, this Council, afte~ considering t~e aforesaid rich, the ~eco~endation made to the Council by the Planning Co~ilsio~, the City's Co~rehensive Plan, and the ~tters preseate~ desoribed p~operty should be rezoned &e herein prOVided. TH~REFOltE. Bg IT ORDAINED by the Council of the City of Roanoke that §!35.1-3, Code of the City of Roefloke (1S?$). sa beaded, and Sheet No. 318 of the Sectional 1975 Zone ~4ap. ¢1t7 of Roanoke, be amended ia the follow&n( P&~tieul&r &nd no ot~ef: P~ope~ty desoribed &l I p&roel at 3~04 Br&ndon Avenue, $. W.. tithing l~,3 a=reeo mo~e o~ less, des&jrt&ted on Sheet No. $15 of tae S&otion&l I9?S Zone Map, City of Roanoke, la Official Tax t~o. 5i80304 ~e, and ia hereby rezoned f~o~ RS-I. Reaidentte! Single-Family District, to P~-~, Reeidentiai-,~tltt-F&mtly, Madium Density Distuiot, ~ubjeet to those eonditionm proffered by end set fouth in the Second · ~ended Petition to Rezone filed with the City Clerk on A~gust 28, l{8~, and that Sheet No, $1~ of the Zone Map be changed in this ~empsct. City Clerk. I! E:X}'IIBIT "C" LIST OF ADJACENT PROPERTY OWNERS NAME AND ADDRESS TAX MAP I. D. NO. CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS 50 E. North Temple - 22nd Floor Salt Lake City, UT 84150 SONDRA D. LOVELL EDWARD F. LOVELL 3501 Loblolly Lane, SW Roanoke, VA 24018 W. G. BLADES BETTY J. BLADES 3502 Loblolly Lane, Roanoke, VA 24018 SW MARY W. McNEIL C/O J. T. MEADOWS, JR. 801 State and City Building Roanoke, VA 24011 HERMAN E. WERTZ MARY S. WERTZ 3507 Valentine Road, Roanoke, VA 24018 SW KEVIN RUSSELL SUSAN M. RUSSELL 3435 Valentine Road, Roanoke, VA 20418 SW PHILLIP C. COULTER CHRISTINE F. COULTER 3427 Valentine Road, Roanoke, VA 24018 SW MICHAEL DAVID GAGLIOSTRO NANNETTE LOUISE GAGLIOSTRO 3419 Valentine Road, SW Roanoke, VA 24028 JOSEPH B. THOMAS ELIZABETH P. THOMAS Dominion Bankshares Mortgage P. O. Box 12701 Roanoke, VA 24027 5810302 5180326 5180325 5180305 5180313 5180327 5180328 5180329 5180314 W. H. JOLLY and G. O. CLEMENS, TRUSTEES c/o LUCY ELLETT and T. H. KEMPER 3752 Brandon Avenue, SW Roanoke, VA 24018 C.S.W. ASSOCIATES P. O. BOX 1510 Grundy, VA 24614 5190101 5200117 5200106 ~o° PROPOSED CHANGE IN CONDITIONS PROPOSED CHANGE IN CONDITIONS 3427 Valentine Road, S.W. Roanoke, Virginia 24018 January 3, 1991 Mary F. Parker, CMC/AAE Clerk of the City of Roanoke, Room 456, Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 Virginia Re: 3804 Brandon Avenue, S.W. 8randon Oaks Development Ordinance No. 28820 Dear Ms. Parker: I am enclosing for filing on behalf of the Valentine Road residents their Response and Obgections to Petition to Rezone which has been filed by Virginia Lutheran Homes, Inc. and the Roanoke Lutheran Retirement Community, Inc. This matter is scheduled to be heard on January 9, 1991 at 1:30 p.m. before the Roanoke City Planning Commission and the Roanoke City Office of Community Planning. Also enclosed please find a letter from Valentine residents Joseph B. Thomas and Elizabeth P. Thomas, who cannot be present at the January 9, 1991 meeting. Thank you. very/~uly yours, PCC/lm Enclosures Ms. Parker Page 2 January 3, 1991 cc: Mr. John P. Bradshaw, Jr. Mr. William A. Sowers Mr. Charles A. Price, Jr. Mr. Richard L. Jones Mr. Paul C. Buford, Jr. Mr. Will Claytor John B. Ferguson, Esquire Mr. John R. Marlles Jonathan B. Rogers, Esquire VIRGINIA: IN RE: IN THE COUNCIL FOR THE CITY OF ROANOKE ) ) Rezoning to change proffered ) conditions for a tract of land ) containing 18.3 acres located at ) 3804 Brandon Avenue, S.W., City ) of Roanoke, Virginia ) (office Tax No. 5180304) ) RESPONSE AND OBJECTIONS TO PETITION TO REZONE TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: (1) We, the undersigned citizens and residents of Valentine Road, strongly object to any change in the Brandon Oaks/Virginia Lutheran Homes, Incorporated development project which would deviate from their previously submitted site plan (1987). Such deviation would allow the construction of homes, duplexes or dwellings on land further south of the 1987 site plan which by recognition and retention of a natural and substantial area of trees, located on a hill between the adjoining properties, provides a natural buffer between the Valentine neighborhood and the Brandon Oaks Development. Such construction under a revised plan would destroy a large number of invaluable trees, foliage and landscaping (consisting of oak, dogwood, maple, and other hardwood trees, some over 100 years old) which constitute an excellent and natural buffer between the Valentine residents as well as the apartment/duplex owners-to-be. Any proposed earthen berm created under the revised site plan would be totally ineffective as a visual barrier between such RM-2 property buildings and the Valentine RS-1 properties. Furthermore, such proposed "berm" would and foliage. The large number of residents of destroy additional trees this project/development (i.e. one hundred seventy-two (172)) demands absolute retention and non-destruction of the natural buffer of a tree covered hillside which presently exists between the single family homes and the multi-family residents. (2) Furthermore, the undersigned residents are part of a community which was previously and repeatedly promised by the Brandon Oaks/Virginia Lutheran Synod that no ~ would be ~ on the V~ side of the natural ~ ~ our ~. Such representation, promises and assurances were made to and relied upon by the adjacent neighborhood as well as this honorable body (City Council), as well as the Planning Commission and the Office of Community Planning in its 1987 Petition to Rezone said property from RS-1 to RM-2. Such assurances and representations were recognized by this Council by virtue of its "conditional rezoning" enactments in 1987. Any variance now from the "conditionally approved" rezoning not only violates said promises and assurances but furthermore vitiates the underlying rezoning of said property. (3) The undersigned assert that any deviation from the 1987 site plan which would permit construction of homes, dwellings, etc. "further south" past the natural ridgeline would have a harmful effect on the real estate values of the taxpa¥ing r~midentm of Valentine Road. (4% The undersianed disaqree with the representations made by the Petitioner that thev have attached the names and addresses of "the owner or owners of all proDertv immediatelv adjacent to or immediatelv across a street or road from the propertv which is the subject of this Petition." WHEREFORE. the undersigned respectfully request that the Petition to Rezone To Chanae Proffered Conditions be dismissed. December 26. 1990 Respectfully submitted. See attached list of signatures. 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'~/ / ~ /' Print Name f'/ /'L/;/ /.~4 /~ T-/./, //,/ / z.// 4/ Print Address Print Name 14 Print Address Signed Print Name Print Address signed Print Name Print Address Signed Print Name Print Address Signed Print Name Print Address Signed Print Name Print Address Signed Print Name Print Address Signed Print Name Print Address Signed Print Name Print Address Signed Print Name Print Address Signed Print Name Print Address Signed Print Name Print Address 3411 Valentine Road '~. _ Roanoke, Virginia 24018 Tax Map I. D. No. 5180314 TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE IN RE: Rezoning to change proffered conditions for a tract of land containing 18.3 acres located at 3804 Brandon Avenue, SW (Official Tax No. 5180304) Since it is necessary for us to be out of the state, we are unable to attend the January 9, 1991 hearing concerning the above proposed rezoning. However, we would like to voice to the Honorable Mayor and Members of City Council, our strenuous objections to the proposed rezoning, for the following reasons: (1.) The proposed rezoning will destroy the existing natural buffer of beautiful trees along the property line of homes on Valentine Road that abut the land proposed for development by The Roanoke Lutheran Retirement Community, Inc. (2.) If the proposed rezoning is approved, the values of our property and other property along Valentine Road, that produce considerable tax revenue for the City of Roanoke, will be adversely affected. (3.) Contrary to Item No. 3 in the petition to rezone, a change in the original proposed site plan will not permit the saving of large trees on the south end of petitioner's property, but will indeed, result in more trees being destroyed. (4.) That the proposed change in the site plan is a radical change in the rezoning approved by Council by Ordinance No. 28820 on October 19, 1987. We selected our lot, constructed our house and moved into our new house in August, 1990. After an extensive search for a new homesite in the city and surrounding counties, we selected our current site and relocated from Roanoke County (Hunting Hills) back to the city, after being advised by our Realtor and Contractor that there would only be walking trails our property. They obviously made based on the 1987 rezoning. It is regrettable that the above land was to RM-2 in 1987. However, if this rezoning is and benches behind these statements rezoned to remain in effect, we maintain that the project should be developed, subject to the conditions originally approved in 1987. Therefore, we strongly urge you to deny the petition to rezone this property. Respectfully, Thomas ~l~i 'abet~ p. '~~ Thomas CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S W,Room456 Roanoke, Virgima 24011 Telephone: {703) 981-2541 MARY F. PARKER SANORA H. EAKIN City Clerk Deputy C~t¥ C~erk January 31, 1991 File #51 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear ~rs. Bowles and Gentlemen: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, this is to advise you that I have set a public hearing for Monday, February 11, 1991, at 7:30 p.m., on the following matter: Request of Mr. Edward A. Natt, Attorney, repre- senting Virginia Lutheran Homes, Inc., to amend conditions proffered in the October 19, 1987, rezoning of a tract of land containing 18.3 acres located at 3804 Brandon Avenue, S. ~., identified as Official Tax No. 5180304, from RS-l, Residential Single Family District, to RM-2, Residential Multi-Family, Medium Density District, which amend- merit more specifically involves a change in the site plan proffered as a condition to the rezoning. For your information, I am enclosing copy of the City Planning Commission report on the abovedescribed matter. If you desire additional information prior to the public hearing, please do not hesitate to call me. Sincerely, Mary F. Parker, City Clerk CMC/AAE MFP:ra PH.LET2 Enc. pc: Mr. Mr. Mr. W. Robert Herbert, City Manager Earl B. Reynolds, Jr., Assistant City Manager Steven J. Talevi, Assistant City Attorney MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S W, Room 456 Roanoke, Vircjin~a 24011 Telephone: (703)981o2541 January 31, 1991 File #51 SANDRA H. EAKIN Deputy C~ty Clerk Mr. Edward A. ~att Attorney 1919 Electric Road, S. W. Roanoke, Virginia 24018 Dear Mr. Natt: I am enclosing copy of a report of the City Planning Commission recommending that the Council of the City of Roanoke grant the request of your client, Virginia Lutheran Homes, Inc., to amend conditions proffered in the October 19, 1987, rezoning of a tract of land containing 18.3 acres of land located at 3804 Brandon Avenue, S. W., identified as Official Tax No. 5180304, from RS-l, Residential Single Family District, to RM-2, Residential Multi-Family, Medium Density District, which amendment more spe- cifically involves a change in the site plan proffered as a con- dition to rezoning. Pursuant to Resolution No. 25523 adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 6, 1981, a public hearing on the abovedescribed request has been set for Monday, February 11, 1991, at 7:30 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, fourth floor of the qunicipal Building, 215 Church Avenue, S. W. For your information, I am also enclosing copy of a notice of the public hearing. Questions with regard to the City Planning Commission report should be directed to Mr. John R. Marlles, Chief of Community Planning, at 981-2344. Sincerely, ~~ Mary F. Parker, CMC/AAE City Clerk MFP:ra PUBLIC45 Enc o Mr. Edward A. Natt January 31, 1991 Page 2 Church of Jesus Christ of Latter Day Saints, 3808 Brandon Avenue, S. W., Roanoke, Virginia 24018 Mr. & Mrs. Edward F. Lovell, 3501 Loblolly Lane, S. W., Roanoke~ Virginia 24018 Mr & Mrs. W. G. Bladesw 3502 Loblolly Lane, S. W., Roanoke, Virginia 24018 Ms Mary W. McNeil, c/o Mr. J. T. Meadows, Jr., 801 State and City Building, Roanoke, Virginia 24018 Mr & Mrs. Herman E. Wertz, 3507 Valentine Roadj S. W., Roanoke, Virginia 24018 Mr. & Mrs. Kevin Russell, 3435 Valentine Road, S. W., Roanoke~ Virginia 24018 Mr. & Mrs. Phillip C. Coulter, 3427 Valentine Road, S. W., Roanoke, Virginia 24018 Mr. & Mrs. Michael D. Gagliostro, 3419 Valentine Road, S. W., Roanoke, Virginia 24018 Mr. & Mrs. Joseph B. Thomas, 3411 Valentine Road, S. W., Roanoke, Virginia 24018 Mr. W. H. Jolly and Mr. G. 0. Clemensw Trustees, c/o Ms. Lucy Ellett and Mr. T. B. Kemper, 3752 Brandon Avenue, S. W., Roanoke, Virginia 24018 C. S. W. Associates~ P. 0. Box 1046, Grundy, Virginia 24614 Mr. & Mrs. James M. Zadell, 3347 Valentine Road, S. W., Roanoke, Virginia 24018 Mr. & Mrs. Alvin E. Mann, 3339 Valentine Road, S. W., Roanoke, Virginia 24018 Ms. Betty P. Mann~ 3339 Valentine Road, S. W.~ Roanoke, Virginia 24018 Mr. Wayne G. Strickland, Executive Director, Fifth Planning District Commission, P. 0. Hox 2569, Roanoke, Virginia 24010 Mr. W. Robert Herbert, City Manager Mr. ~ilburn C. Dibling, Jr., City Attorney Mr. Steven J. Talevi, Assistant City Attorney Mr. Von W. Moody, III, Director of Real Estate Valuation Mr. Charles A. Price, Jr., Chairman, City Planning Commission Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals Mr. William F. Clark, Director of Public Works Mr. Kit B. Kiser, Director of Utilities and Operations Mr. Charles M. Huffine, City Engineer Mr. Ronald H. Miller, Building Commissioner and Zoning Administrator Mr. John R. Marlles, Agent/Secretary, City Planning Commission Ms. Doris Layne, Office of Real Estate Valuation 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, February 11, 1991, at 7:30 p.m., in the Council Chamber in the Municipal Building, 215 Church Avenue, S. W., on the question of amending conditions proffered in the October 19, 1987, rezoning of a tract of land from RS-l, Residential Single Family District, to RM-2, Residential Multifamily, Medium Density District, said tract more particularly described as follows: 18.3 acres of land located at 3804 Brandon Avenue, S.W., bearing Official Tax No. 5180304. 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 25th day of January , 1991. Mary F. Parker, City Clerk Please publish in full twice, once on Monday, January 28, 1991, and once on Monday, February 4, 1991, in the Roanoke Times & World News, Morning Edition. Please send publisher's affidavit to: Please bill to: Ms. Mary F. Parker, City Clerk Room 456, Municipal Building Roanoke, Virginia 24011 Mr. Edward A. Natt, Attorney 1919 Electric Road, S. W. Roanoke, Virginia 24018 R~]Ai~J~E TIMES AU NUMdER - 12512800 PUBLISHER'S FEE - $1U2.90 ED.ARD A NATT 1919 ELECTRIC ROANOKE VA 26018 STAT~ OF VIRGINIA CITY CF ROANOKE ~FFiUAVIT OF PU6LICAlIUN I, ITHE UNDE~SIGNEO) AN AUTHORIZED REPRESENTATIVE OF THE TIMES-wORLd COR- PORATION, WHICH CORPORATION IS PU6LISHER OF THE ROANOKE TIMES ~ W£RLD-NEw$~ A DAILY NEWSPAPER PUBLISHED iN ROANOK~ IN THE STATE OF ¥IR~INIA~ UD CERTIFY THAT THE ANNEXED NOTICE wAS PUJLISHED IN SAID 01/2~/91 MORNING 02/0~/91 MORNING mlTNESS~ AUTHORIZED SIGNATURE TO WIv, O M IT MAY tick) vii M M ~ 3427 Valentine Road, S.W. Roanoke, Virginia 24018 January 3, 1991 Mary F. Parker, CMC/AAE Clerk of the City of Roanoke, Room 456, Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 virginia Re: 3804 Brandon Avenue, S.W. Brandon Oaks Development Ordinance No. 28820 Dear Ms, Parker: I am enclosing for filing on behalf of the Valentine Road residents their Resoonse and Obgections to Petition to Rezone which has been filed by Virginia Lutheran Homes, Inc. and the Roanoke Lutheran Retirement Community, Inc. This matter is scheduled to be heard on 1:30 p.m. before the Roanoke City Planning Roanoke City Office of Community Planning. January 9, 1991 at Commission and the Also enclosed please find Joseph B. Thomas and Elizabeth at the January 9, 1991 meeting. a letter from Valentine residents P. Thomas, who cannot be present Thank you. ve~ry/~uly yours, Philip C. Coulter PCC/lm Enclosures Ms. Parker Page 2 January 3, 1991 cc: Mr. John P. Bradshaw, Jr. Mr. William A. Sowers Mr. Charles A. Price, Jr. Mr. Richard L. Jones Mr. Paul C. Buford, Jr. Mr. Will Claytor John B. Ferguson, Esquire Mr. John R. Marlles Jonathan B. Rogers, Esquire VIRGINIA: IN RE: IN THE COUNCIL FOR THE CITY OF ROANOKE ) ) Rezoning to change proffered ) conditions for a tract of land ) containing lS.3 acres located at ) 3804 Brandon Avenue, S.W., City ) of Roanoke, Virginia ) (Office Tax No. 5180304) ) RESPONSE AND OBJECTIONS TO P~TITION TO REZONE construction under a revised plan would destroy a of invaluable trees, foliage and landscaping oak, dogwood, maple, and other hardwood trees, large number (consisting of some over 100 years old) which constitute an excellent and natural buffer between the Valentine residents as well as the apartment/duplex owners-to-be. Any proposed earthen berm created under the revised site plan would be totally ineffective as a visual barrier between such RM-2 property buildings and the Valentine RS-1 properties. Such Oaks/Virginia Lutheran Homes, Incorporated development project which would deviate from their previously submitted site plan (1987). Such deviation would allow the construction of homes, duplexes or dwellings on land further south of the 1987 site plan which by recognition and retention of a natural and substantial area of trees, located on a hill between the adjoining properties, provides a natural buffer between the Valentine neighborhood and the Brandon Oaks Development. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: (1) We, the undersigned citizens and residents of Valentine Road, strongly object to any change in the Brandon Furthermore, such proposed "berm,' would destroy additional trees and foliage. The large number of residents of this project/development (i.e. one hundred seventy-two (172)) demands absolute retention and non-destruction of the natural buffer of a tree covered hillside which presently exists between the single family homes and the multi-family residents. (2) Furthermore, the undersigned residents are part of a community which was previously and repeatedly promised by the Brandon Oaks/Virginia Lutheran Synod that D_Q dwellings wo~ld be constructed on the Valentine side of the natural ridgeline dividing our properties. Such representation, promises and assurances were made to and relied upon by the adjacent neighborhood as well as this honorable body (City Council), as well as the Planning Commission and the office of Community Planning in its 1987 Petition to Rezone said property from RS-1 to RM-2. Such assurances and representations were recognized by this Council by virtue of its "conditional rezoning" enactments in 1987. Any variance now from the " ' ' conditionally approved" rezoning not only violates said promises and assurances but furthermore vitiates the underlying rezoning of said property. (3) The undersigned assert that any deviation from the 1987 site plan which would permit construction of homes, dwellings, etc. "further south" past the natural ridgeline would have a h~mfu] ~ffe~t on the real estate values of the taxpaying residents of Va]~nt~n~ Road. 2 (4% The undersigned disagree with the representations made by the Petitioner that they have attached the names and addresses of "the owner or owners of all property immediately adjacent to or immediatelv across a street or road from the Dropertv which is the subject of this Petition." WHEREFORE. the undersianed resoectfullv request that the Petition to Rezone To Change Proffered Conditions be dismissed. December 26. 1990 Respectfully submitted~ See attached list of sianatures. 3 " -/'~ ~ dj- ' 7 Print Name~_,j.J~//~77/~;~4~zoPrint.£__ Name ~V~L Print Address~L~ ~/~/~?'~/~c~.~.~ Print Address Signed i~~~~~~ Print N~me ~~ Print Address ~~L~o Print Address ~6z/t ~/~/¢/3./,~¢ .~ Signed Print Na~e Print Address ,~//f V~~ Signed Print Name Print Address Print Name /%~W/-/~/S_ Print Address Signed Print Name 8o Print Name~g~. Print Address Signed ~ Print Name Print Address S~gned ' Print Name Print Address Print Name Signed Print Address ~ o Print Address Print Address Print Name Print Address Signed Print Name Print Address Signed Print Name Print Address Print Name Print Address Print Name Print Address Print ;ame ~h~ ~ Print Address Signed ~' Print Name rint Print Address Signed Print Name Print Address Signed~~ Print Name Print Address JS~ Signed ~3//~~ Print Name Print ~d~re ~ Print Nam~'~/;~o Print Addres~57~ ~%/~'~'m ~ Print Name~/~! '~'~ /~' / rlnt Name /--, Print Address Signed ~ Print Name~' ./7~,.//~]. Print Address Signed /?~/I~.~---~ Print Name Print Address ~ 3-3 ~ L,I.9a~-'/~,l .~.~,~ /tip . - ~-: ., ,> ~, ' Print Name Vl~o.~ ~ I~ ~ Print Address ~b'/V~[~,~ ~. Print Name ~.~-..~;/_..~C;~' Print Address Signed Print Name Print Address Signed Print Name Print Address Signed Print Name Print Address Signed Print Name Print Address Signed Print Name Print Address Signed Print Name Print Address Signed Print Name Print Address Signed Print Name Print Address Signed Print Name Print Address Signed Print Name Print Address Signed Print Name Print Address 3411 Valentine Road Roanoke, Virginia 24018 Tax Map I. D. No. 5180314 TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE IN RE: Rezoning to change proffered conditions for a tract of land containing 18.3 acres located at 3804 Brandon Avenue, SW (Official Tax No. 5180304) Since it is necessary for us to be out of the state, we are unable to attend the January 9, 1991 hearing concerning the above proposed rezoning. However, we would like to voice to the Honorable Mayor and Members of City Council, our strenuous objections to the proposed rezoning, for the following reasons: (1. The proposed rezoning will destroy the existing natural buffer of beautiful trees along the property line of homes on Valentine Road that abut the land proposed for development by The Roanoke Lutheran Retirement Community, Inc. (2. If the proposed rezoning is approved, the values of our property and other property along Valentine Road, that produce considerable tax revenue for the City of Roanoke, will be adversely affected. (3. Contrary to Item No. 3 in the petition to rezone, a change in the original proposed site plan will not permit the saving of large trees on the south end of petitioner's property, but will indeed, result in more trees being destroyed. (4. That the proposed change in the site plan is a radical change in the rezoning approved by Council by Ordinance No. 28820 on October 19, 1987. We selected our lot, constructed our house and moved into our new house in August, 1990. After an extensive search for a new homesite in the city and surrounding counties, we selected our current site and relocated from Roanoke County (Hunting Hills) back to the city, after being advised by our Realtor and Contractor that there would only be walking trails and benches behind our property. They obviously made these statements based on the 1987 rezoning. It is regrettable that the above land was rezoned to RM-2 in 1987. However, if this rezoning is to remain in effect, we maintain that the project should be developed, subject to the conditions originally approved in 1987. Therefore, we strongly urge you to deny the petition to rezone this property. Respectfully, Thomas ~E~a~. Thomas MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S W,Room456 Roanoke, Virginia 24011 Telephone: (703)981-2541 January 30, 1991 SANDRA H. EAKIN Deputy C~ty Clerk File #51 Mr. Charles A. Price, Jr., Chairman City Planning Commission Roanoke, Virginia Dear Mr. Price: Pursuant to Section 36.1-$90(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a second amended petition from Mr. Edward A. ~att, Attorney, representing The Roanoke Lutheran Retirement Community, Inc., a Virginia Corporation, requesting amendment to certain present zoning con- ditions in order to permit a revised conceptual site plan pre- pared by Sherertz, Franklin, Crawford & Shaffner, under date of December 12, 1990, to apply, subject to certain changes required by the City during comprehensive development plan review, with regard to a tract of land containing 18.3 acres located at 3804 Brandon Avenue, S. W., identified as Official Tax No. 5180304. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:ra REZONE4$ pc: Mr. Edward A. Natt, Attorney. 1919 Electric Road, Roanoke, Virginia 24018 Mr. John R. Marlles, Agent/Secretary, City Planning Commission Mr. Ronald H. Miller, Zoning Administrator Mr. Steven J. Talevi, Assistant City Attorney VIRGINIA: IN THE COUNCIL OF THE CITY OF ROANOKE IN RE: Rezoning to change proffered conditions for a tract of land containing 18.3 acres located at 3804 Brandon Avenue, SW. (official Tax No. 5180304) SECOND AMENDED PETITION TO CHANGE PROFFERED REZONING CONDITIONS TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE (1) By Ordinance No. 28820, adopted by this Council or October 19, 1987, the property which is the subject of this Petition (originally identified as Official Tax No. 5180304) was rezoned from RS-i, Single-Family Residential District, to RM-2 Resident Multi-family District, subject to certain conditions proffered by the then petitioner, Virginia Lutheran Homes Incorporated. A copy of that ordinance is attached hereto as Exhibit "A". (2) That the present owner of the property is Virginia Lutheran Homes, Incorporated, the successor to Virginia Synod Lutheran Home, a Virginia corporation and the developer of the project is The Roanoke Lutheran Retirement Community, Inc., a Virginia Corporation. (3) That subsequent to the adoption of said Ordinance, Petitioner has concluded that a change in the site plan the is desirable in order to permit the saving of the bulk of the large caliper (24 inch and greater) trees in the area in which cottages would be located. If the original proffered plan is followed, the of units in the main structure will be increased by Accordingly, the Petitioner wishes to amend the present zoning conditions by proffering the following conditions: majority of said trees will be lost. The revised plan would permit the relocation of the units to fit them among as many existin¢ large trees as possible. The total number of units will remain at 172. There will be only 18 cottage duplex units with the proposed change, rather than 22 as shown on the original plan and the numbe~ four. (1987 the 1. That the development of the property will be in substantial conformity with the revised concept plan prepared by Sherertz, Franklin, Crawford & Shaffner, dated January 4, 1991, with the January 15, 1991, notations, a copy of which is attached to this Petition as Exhibit "B", subject to any changes required by the City during comprehensive development plan review. 2. That the project will include such screening and buffering at the southeast corner of the development so as to prevent headlights from said area being visible to the residences on adjoining properties located on Valentine Road. 3. That all drainage from the developed area will be collected into detainment basins and piped from the same to a public storm drainage system in a manner approved by the Engineering Department of the City of Roanoke. (4) Attached as Exhibit "C" are the names and addresses o~ owner or owners of all property immediately adjacent to or 2 immediately across a street or road from the property which is the subject of this Petition. WHEREFORE, the Petitioner requests that the condition~ proffered in connection with and made a part of Ordinance No. 2882( of this Council be changed and amended as set forth above, ir accordance with the provisions of the Zoning Ordinance of the Cit' of Roanoke. Dated: January 4, Edward A. Natt, Esquire OSTERHOUDT, FERGUSON, NATT, AHERON & AGEE, P.C. 1919 Electric Road, SW Roanoke, VA 24018 zonpet.nl\p 1991. Respectfully submitted, THE ROANOKE LUTHERAN RETIREMENT COMMUNITY, INC. Of Counsel 3 IN ~ COUNCIL OF ~ CITY OF ROANOKe, VI~3INIA, The 19th day o¢ C~ctober, 1987. 28820. AN OPJ)IHAHC~ to imend S36.~-3, Code of the City of Roanoke (1979) as amended, and Sheet No. 518, Sectional 1976 Zone ~p. City of Roanoke. to rezone certain property within the City, subject to cer- tain conditions proffered by the applicant. hrrlEREAS, application has been made to the Council of the Cfty of Roanoke to have the hereinafte~ described p~operty rezoned f~om RS-I, Residential $tncle-~amtly District, to RM-2, Residential-Multi-Family Medium Density District, subject to certain conditions proffered by the applicant; and WHE~AS, the City Planning Cou~nission, {vhich after giving proper notice to all concerned as required by i36.1-693, Code of the City of Roanoke (1979), as amended and after conducting a public hearing on the matter, has made its recommendation to Council; and WH£REAS, a public hea~ing ~as held on said application by tee City Council at its meeting on October 12, 1987, after due and timely notice thereof as ~equi~ed by ~36.1-693, Code of the City of Roanoke (1979), as amended, at ~ich he,ring all parties in interest and citi- zens were given an oppoutunity to be heard, both for and against the p~oposed ~ezontng; and ~R~S. lhis Council, after considering t~e aforesaid applica- tion, lhe ~eco~endation made ~o the Council by the Plannin$ CO~tssio~, the City's Comprehensive Plan, and the ~tters presented at the public heeetng, is of the opinion that the hereinafter described property should be rezoned as herein prOVided, TI~REFOP~0 BM IT ORDAINI~D by the Council of the City of Roanoke that ~S~6.1-3, Code of the City of Roanoke (1679), as amended, and Sheet No. 516 of the Sectional 1976 Zone Map. City of Roanoke. be amended in the followtn~ particular and no other: P~opert7 described al a parcel at 3604 B~andon AVenue, S. W.. con tatnlng i$.3 acres, mo~e or less. designated on Sheet No. $16 of the Sictional 1976 Zone Map. City of Roanoke. as Official Tax No. 5l~0304 ~e, and is hereby ~ezoned from RS-I. Residential Single-Family District. to RM-2, ResidenttaI-Multi-Famlly, Medium Density D~strict, subject to those conditions proffered by and set forth in the Second Amended Petition to Rezone filed with the City Clerk on August 25, i96~. and that Sheet No. 516 of the Zone ~p be chanEed in this Fespect. ATTEST: City Clerk. BIT B ili E~HIBIT "C" LIST OF ADJACENT PROPERTY OWNERS NAME AND ADDRESS TAX MAP I. D. NO. CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS 50 E. North Temple - 22nd Floor Salt Lake City, UT 84150 SONDRA D. LOVELL EDWARD F. LOVELL 3501 Loblolly Lane, Roanoke, VA 24018 SW W. G. BLADES BETTY J. BLADES 3502 Loblolly Lane, Roanoke, VA 24018 SW MARY W. McNEIL C/O J. T. MEADOWS, JR. 801 State and City Building Roanoke, VA 24011 HERMAN E. WERTZ MARY S. WERTZ 3507 Valentine Road, Roanoke, VA 24018 SW KEVIN RUSSELL SUSAN M. RUSSELL 3435 Valentine Road, Roanoke, VA 20418 SW PHILLIP C. COULTER CHRISTINE F. COULTER 3427 Valentine Road, Roanoke, VA 24018 SW MICHAEL DAVID GAGLIOSTRO NANNETTE LOUISE GAGLIOSTRO 3419 Valentine Road, SW Roanoke, VA 24028 JOSEPH B. THOMAS ELIZABETH P. THOMAS Dominion Bankshares Mortgage P. O. Box 12701 Roanoke, VA 24027 5810302 5180326 5180325 5180305 5180313 5180327 5180328 5180329 5180314 W. H. JOLLY and G. O. CLEMENS, TRUSTEES c/o LUCY ELLETT and T. H. KEMPER 3752 Brandon Avenue, SW Roanoke, VA 24018 C.S.W. ASSOCIATES P. O. Box 1510 Grundy, VA 24614 5190101 5200117 5200106 Office of the City Clerk January lu, 1991 Pile #51 Mr. Charles A. Price, Jr., City Planning Commission Roanoke, Virginia Chairman i)ear Mr. Price: Pursuant to ~ection 36.1-690(e) of the Coae of the City of Roanoke (1979), as amended, I am enclosing copy of an amenaed petition from Mr. Ed~ara A. Natt, Attorney, representing The Roanoke Lutheran Retirement Community, Inc., a Virginia Corporation, requesting amendment to present zoninq conditions in order to permit a revised conceptual site plan preparea oy Eherertz, Franklin, Crawford & Shaffner, under date of December 12, 199G, to apply subject to changes required by the City during comprehensive development plan review with regard to a tract of land containing i~.3 acres locatea at 3804 Brandon Avenue, S. ~., identified as Official Tax No. 5180304. MFP:ra REZONE45 pc: Sincerely,~ ~J' ~' ~c~.~ Mary F. Parker, CMC/AAE City Clerk Mr. Edward A. Natt, Attorney, 1919 Electric Road, Roanoke, Virginia 24018 Mr. John R. ~arlles, Agent/Secretary, City Planning Commission ~r. ~onald ~. ~iller, Zoning Administrator Mr. Steven J. Talevi, Assistant Cit~ Attorney Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 VIRGINIA: IN THE ~ouNcIL OF THE CITY OF ROANOKE IN RE: Rezoning to change proffered conditions for a tract of land containing 18.3 acres located at 3804 Brandon Avenue, SW. (official Tax No. 5180304 FIRST AMENDED PETITION TO CHANGE PROFFERED REZONING CONDITIONS TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE (1) By Ordinance No. 28820, adopted by this Council on October 19, 1987, the property which is the subject of this Petition (originally identified as Official Tax No. 5180304) was rezoned from RS-i, Single-Family Residential District, to RM-2, Resident Multi-family District, subject to certain conditions proffered by the then petitioner, Virginia Lutheran Homes, Incorporated. A copy of that ordinance is attached hereto as Exhibit "A". (2) That the present owner of the property is Virginia Lutheran Homes, Incorporated, the successor to Virginia Synod Lutheran Home, a Virginia corporation and the developer of the project is The Roanoke Lutheran Retirement Community, Inc., a Virginia Corporation. (3) That subsequent to the adoption of said Ordinance, the Petitioner has concluded that a change in the site plan is desirable in order to permit the saving of the bulk of the large caliper (24 inch and greater) trees in the area in which cottages would be located. If the original proffered plan is followed, the majority of said trees will be lost. The revised plan would permit the relocation of the units to fit them among as many existing large trees as possible. The total number of units will remain at 172. There will be only 18 cottage duplex units with the proposed change, rather than 22 as shown on the original plan. The number of units in the main structure will be increased by four as shown on the plan attached hereto as Exhibit "B". Accordingly, the Petitioner wishes to amend the present zoning conditions to permit the revised concept plan prepared by Sherertz, Franklin, Crawford & Shaffner, dated January 4, 1991, a copy of which is attached to this Petition as Exhibit "B", to apply, subject to any changes required by the city during comprehensive development plan review. (4) Attached as Exhibit "C" are the names and addresses of the owner or owners of all property immediately across a street or road the subject of this Petition. immediately adjacent to or from the property which is WHEREFORE, the Petitioner requests that the conditions proffered in connection with and made a part of Ordinance No. 28820 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: January 4, Edward A. Natt, Esquire OSTERHOUDT, FERGUSON, NATT, AHERON & AGEE, P.C. 1919 Electric Road, SW Roanoke, VA 24018 zon~t.nl\sb 1991. Respectfully submitted, THE ROANOKE LUTHERAN RETIREMENT COMMUNITY, INC. Of Counsel 3 IN THE COUNCIL OF TH~ CITy OF ROAIVOKE, VIRGINIA, The 19th day of October, 1987. NO. 28820. AN ORDINAI~CE to amend {36.1-{, Code of the City of Roanoke as amended, and Sheet No. $18, Sectional 1976 Zone Map, City of Roanoke, tO rezone certain property within the City, subject to cer- tain conditions proffered by the applicant. WHEREAS, application has been made to the Council of the City of Roanoke to have the hereinafter described property reZoned f~'om Residential Single-Family District, to RI~-2, Residential-IViulti-Fsmlly, IVlediu~ Density Distuiot, subject to certain conditions p~offered by the a~plicant; and ~E~AS, the City Planning Co~ission, tvhic~ 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 reco~endation ~o Council; and ~EREAS, a public hea~ing m~as held on said application by t~e City Council at its meeting on OcZober 12, 1987, after due and timely notice thereof as ~equired by ~36,~-693, Code of the City of Roanoke (1979), as amended, at ~ich he,ring all parties in in~eres~ and citi- zens were given an opportunity to be heard, both for and against the proposed ~ezoning; and ~REAS, thie Council, after considering ~e aforesaid applica- tion, the ~eco~endation made ~o the Council by the Planning Co~tssio~, the City's Comprehensive Plan, and the ~tters presented at the public hea~ln~, is of the opinion that t~e hereinafter described property should be rezoned as herein provided° TI~REFOI~E, BM IT ORDAI~'~D by the Council of the City of Roenoke that ~3~.1-3, Code of the City o~ ~aaoke (1979), ~s ~e~ded, Sheet No. 518 of t~e Sectional ~9~6 Zone ~p. City of ~anoke, be amended in the followin~ particular and ~o other: P~ope~ty described as a parcel at 3504 B~andon Avenue. S. W.. con taini~ 15.3 acres, mo~e o~ less. designated on Sheet No. S~ctional 1976 Zone Map. City of Roanoke, as Official Tax No. ~e. and ts hereby ~ezoned fro~ ~-1, Residential ~in~le-Fa~il~ District. ~o ~-~. Residentia[-~lti-Family, ~d~ Density D~s~ict. subject to those conditions proffered by and set forth in the Second ~ended Petltio~ to Rezone filed with the City Clerk on August 28, i95~. and that Sheet No. 518 of the Zone ~p ~e changed in this ~espect. ATTEST: ~ City C1erk. E~-IIBIT "C" LIST OF ADJACENT PROPERTY OWNERS NAME AND ADDRESS TAX MAP I. D. NO. CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS 50 E. North Temple - 22nd Floor Salt Lake City, UT 84150 SONDRA D. LOVELL EDWARD F. LOVELL 3501 Loblolly Lane, SW Roanoke VA 24018 W. G. BLADES BETTY J. BLADES 3502 Loblolly Lane, Roanoke VA 24018 SW MARY W. McNEIL C/O J. T. MEADOWS, JR. 801 State and city Building Roanoke VA 24011 HERMAN E. WERTZ MARY S. WERTZ 3507 Valentine Road, Roanoke VA 24018 SW KEVIN RUSSELL SUSAN M. RUSSELL 3435 Valentine Road, Roanoke VA 20418 SW PHILLIP C. COULTER CHRISTINE F. COULTER 3427 Valentine Road, Roanoke VA 24018 SW MICHAEL DAVID GAGLIOSTRO NANNETTE LOUISE GAGLIOSTRO 3419 Valentine Road, SW Roanoke VA 24028 JOSEPH B. THOMAS ELIZABETH P. THOMAS Dominion Bankshares Mortgage P. O. Box 12701 Roanoke, VA 24027 5810302 5180326 5180325 5180305 5180313 5180327 5180328 5180329 5180314 W. H. JOLLY and G. O. CLEMENS, TRUSTEES c/o LUCY ELLETT and T. H. KEMPER 3752 Brandon Avenue, SW Roanoke, VA 24018 C.S.W. ASSOCIATES P. O. Box 1510 Grundy, VA 24614 5190101 5200117 5200106 Office of the City December File #51 Mr. Charles A. Price, Jr., Chairman City Planning Commission Roanoke, Virginia Dear Mr. Price: 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 Mr. Edward A. Natt, Attorney, representing The Roanoke Lutheran ~etirement Community, Inc., a Virqinia Corporation, requesting amenament to preaent zoning conditions in order to permit a revised conceptual site plan prepared by Sherertz, Franklin, Crawford & Snaffner, under date of December 12, i990, to apply subjec~ to changes required by the City during compre- hensive development plan review with regard to a lract of lana containing 18.3 acres located at 3804 Brandon Avenue, S. ~., identified as Official Ta~ No. 5180304. Sincerely, ~~ Mary F. Parlcer, CMC/AAE City Clerk ~V~FP : ra REZONE45 pc: Mr. Edward A. 5att, Attorney, 1919 Electric Road, Roanoke, Virginia 24018 Mr. John R. Marlles, Agent/Secretary, City Planning Commission Mr. Ronala H. Miller, Zoning Administrator Mr. Steven J. Talevi, Assistani City Attorney Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 VIRGINIA: IN THE COUNCIL OF THE CITY OF ROANOKE IN RE: Rezoning to change proffered conditions for a tract of land containing 18.3 acres located at 3804 Brandon Avenue, SW. (official Tax No. 5180304 PETITION TO REZONE (TO CHANGE PROFFERED CONDITIONS) TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE (1) By Ordinance No. 28820, adopted by this Council on October 19, 1987, the property which is the subject of this Petition (originally identified as Official Tax No. 5180304) was rezoned from RS-l, Single-Family Residential District, to RM-2, Resident Multi-family District, subject to certain conditions proffered by the then petitioner, Virginia Lutheran Homes, Incorporated. A copy of that ordinance is attached hereto as Exhibit "A". (2) That the present owner of the property is Virginia Lutheran Homes, Incorporated, the successor to virginia Synod Lutheran Home, a Virginia corporation and the developer of the project is The Roanoke Lutheran Retirement Community, Inc., a Virginia Corporation. (3) That subsequent to the adoption of said Ordinance, the Petitioner has concluded that a change in the site plan is desirable in order to permit the saving of the bulk of the large caliper (24 inch and greater) trees in the area in which cottages would be located. If the original proffered plan is followed, the majority of said trees will be lost. The revised plan would permit the relocation of the units to fit them among the existing large trees. This would require that some of the units will be closer to the property line than shown on the original site plan. The total number of units will remain at 172. There will be only 18 cottage duplex units with the proposed change, rather than 22 as shown on the original plan. The number of units in the main structure will be increased by four as shown on the plan attached hereto as Exhibit "B". Accordingly, the Petitioner wishes to amend the present zoning conditions to permit the revised conceptual site plan prepared by Sherertz, Franklin, Crawford & Shaffner, dated December 12, 1990, a copy of which is attached to this Petition as Exhibit "B", to apply, subject to any changes required by the city during comprehensive development plan review. (4) Attached as Exhibit "C" 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. 28820 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. 2 Dated: December 12, 1990. Edward A. Natt, Esquire OSTERHOUDT, FERGUSON, NATT, AHERON & AGEE, P.C. 1919 Electric Road, SW Roanoke, VA 24018 zonpet.nl\sb Respectfully submitted, THE ROANOKE LUTHERAN RETIREMENT COM~qUNITY, INC. Of Counsel 3 WElD The lg~h day of October, 1987. NO. 28820. AN OI1X)TN~NCE the app!ieant; and - ' .~, ~.ou~ Ol ,he City of ~iio~t~on ~y the C';ty Council at i~8 not,se thereof .... ~ , t; t,~ bc hear~, t~ota for ~nd agaiaat the p~opo~d P~zonin~; and ..... ~ '.'~ '.,'~ uo~ztjer;;;g ;n,.: aforesai~ applica- tion, the reco~mo~,~i:~, ,, .,~ . described property shc)ui:~ b~ r~:oned as her~n pr~v~do~. T~FO~, BE IT O~AI~D by ~hc Counci~ ,~f the City of ~anoke Sheet No. 5t8 of ~e ...... ,-,- 5180:~04 respect. A'Fi'E ST: ~ City Clerk. LIST OF ADJACENT PROPERTY OWNERS NAME AND ADDRESS TAX MAP I. D. NO. CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS 50 E. North Temple - 22nd Floor Salt Lake City, UT 84150 SONDRA D. LOVELL EDWARD F. LOVELL 3501 Loblolly Lane, Roanoke VA 24018 SW W. G. BLADES BETTY J. BLADES 3502 Loblolly Lane, Roanoke, VA 24018 SW MARY W. McNEIL C/O J. T. MEADOWS, JR. 801 State and City Building Roanoke VA 24011 HERMAN E. WERTZ MARY S. WERTZ 3507 Valentine Road, SW Roanoke VA 24018 KEVIN RUSSELL SUSAN M. RUSSELL 3435 Valentine Road, SW Roanoke VA 20418 PHILLIP C. COULTER CHRISTINE F. COULTER 3427 Valentine Road, SW Roanoke VA 24018 MICHAEL DAVID GAGLIOSTRO NANNETTE LOUISE GAGLIOSTRO 3419 Valentine Road, SW Roanoke VA 24028 JOSEPH B. THOMAS ELIZABETH P. THOMAS Dominion Bankshares Mortgage P. O. Box 12701 Roanoke, VA 24027 5810302 5180326 5180325 5180305 5180313 5180327 5180328 5180329 5180314 W. H. JOLLY and G. O. CLEMENS, TRUSTEES c/o LUCY ELLETT and T. H. KEMPER 3752 Brandon Avenue, SW Roanoke, VA 24018 5190101 C.S.W. ASSOCIATES P. O. Box 1510 Grundy, VA 24614 5200117 5200106 L^~ OFFICES OSTEP,.HOUDT, FER. GUSON, NATT, AHEP~ON 8 AGEE I~OANOKE, VIP~GIN IA 24018 December 12, 1990 city Clerk City of Roanoke Municipal Building Roanoke, VA RE: Roanoke Lutheran Retirement Community Rezoning Request for change in proffers Dear Ms. Parker: Enclosed please find the Petition to Rezone (to change proffered conditions) in the above matter together with our firm's check in the amount of $50.00 to cover the filing fee. With best personal regards, I am, Very truly yours, OSTERHOUDT, FERGUSON,~ NATT, AHERON & AGEE, P.C. Edward A. Natt EAN/sai Mr. Sam Lionberger Mr. John Edwards Mr. Frank Hayes Mr. Don Pritchard Ms. Evelyn Dorsey TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE REZONING REQUEST OF: Request from Virginia Lutheran Homes, Inc., represented by Edward A. Natt, attorney, to amend conditions proffered in the October 19, 1987, rezoning of a tract of land containing 18.3 acres of land located at 3804 Brandon Avenue, S.W., Official Tax No. 5180304 from RS-l, Residential Single Family District, to RM-2, Residential Multifamily, Medium Density District; such amendment more specfically involves a change in the site plan proffered as a condition of the rezoning. AFFI- DAVIT COMMONWEALTH OF VIRGINIA ) ) CITY OF ROANOKE ) TO-WIT: The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the Secretary of 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 ~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 28th of December, 1990, notices of a public hearing to be held on the 9th day of January, 1991, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: PARCEL 5810302 OWNER~ AGENT OR OCCUPANT Church of Jesus Christ of Latter Day Saints 5180326 Sondra D. Lovell Edward F. Lovell 5180325 W.G. Blades Betty J. Blades 5180305 Mary W. McNeil c/o J. T.Meadows, 5180313 5180327 5180328 Jr. Herman E. Wertz Mary S. Wertz Kevin Russell Susan M. Russell Phillip C. Coulter Christine F. Coulter ADDRESS 50 E. N. Temple - 22nd Floor Salt Lake City, UT 3808 Brandon Avenue Roanoke, VA 24018 3501 Loblolly Lane Roanoke, VA 24018 3502 Loblolly Lane-~ Roanoke, VA 24018 801 State and City Bldg. Roanoke, VA 24018 1616 Deyerle Road, SW Roanoke, VA 24018 3507 Valentine Road Roanoke, VA 24018 3435 Valentine Road Roanoke, VA 24018 3427 Valentine Road Roanoke, VA 24018 5180329 5180314 5190101 5200117 5200106 5050601 5050602 Michael D. Gagliostro Nannette L. Gagliostro Joseph B. Thomas Elizabeth P. Thomas W. H. Jolly and G. O. Clemens, Turstees c/o Lucy Ellett and T. H. Kemper C.S.W. Associates James M. Zadell Tracey L. Zadell Bonnie L. and Alvin E. Mann Betty P. Mann 3419 Valentine Road Roanoke, VA 24018 3411 Valentine Road Roanoke, VA 24018 3752 Brandon Avneue>~ Roanoke, VA 24018 P. O. Box 1046 Grundy, VA 24614 3347 Valentine Roanoke, VA 24018 3339 Valentine Road Roanoke, VA 24018 Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 28th day of Dec~ber, 1990. Notary Public j My Commission Expires: CITY OF ROANOKE OFFICE OF THE CITY CLERK MARY F. PARKER SANDRA H. EAKIN C~ty Clerk Deputy Ctty Clerk February 21, 1991 File #448 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 30406-21991 extending the franchise of Cox Cable Roanoke, Inc., to operate a cable televi- sion system in the City for an additional sixty day period and providing for a one percent (1%) increase in the franchise fee payment from four to five percent of gross revenues. Ordinance No. 30406-21991 was adopted by the Council of the City of Roanoke on first reading on Monday, February 11, 1991, also adopted by the Council on second reading on Tuesday, February 19, 1991, and will take effect ten days following the date of its second reading. Sincerely, -~t_~ Mary F. Parker, CMC/AAE City Clerk MFP:ra Enc o pc: Mr. Robert E. Glenn, Attorney for Cox Cable Roanoke, P. O. Box 2887, Roanoke, Virginia 24001 Mr. Bernard W. Langheim, General Manager, Cox Cable Roanoke, P. O. Box 13726, Roanoke, Virginia 24036 Mr. Howard E. Musser, Chairman, and Members of the Regional Cable Television Committee Ms. Mary H. Allen, Clerk, Roanoke County Board of Supervisors, P. 0. Box 29800, Roanoke, Virginia 24018-0798 Mr. Carolyn S. Ross, Clerk of Council, Town of Vinton, P. 0. Box 338, Vinton, Virginia 24179 Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Mark A. ~illiams, Assistant City Attorney IN THE COUNCIL OF THE CITY OF ROANOKE, The 19th Day of February, 1991. No. 30406-21991. VIRGINIA, AN ORDINANCE extending the franchise of Cox Cable Roanoke, Inc. to operate a cable television system in the City for an additional sixty day period and providing for a one percent (1%) increase in the franchise fee payment from four to five percent of gross revenues. BE IT ORDAINED by the Council of the City of Roanoke that in order to permit Cox Cable Roanoke, Inc. to continue to operate a cable television franchise within the territorial limits of the City of Roanoke after March 1, 1991, the franchise of Cox Cable Roanoke, Inc. for the operation of a cable television system within the City of Roanoke, Virginia dated January 20, 1975, as amended, is hereby extended for a period of sixty days beginning at 12:00 midnight on March 1, 1991, provided however, that pur- suant to Section 14 of the franchise, the franchise fee paid to the City shall be in the amount of five percent (5%) of the gran- tee's gross revenues as provided for in the Cable Communications Policy Act of 1984 from its cable television service and opera- tions effective midnight on March 1, 1991. ATTEST: City Clerk. ~ Office of the Council February 11, 1991 The Honorable Mayor and Members of Roanoke City Council Roanoke, Virginia Re: Extension of Cable Television Franchise and Increase in Franchise Fee Dear Mrs. Bowles and Gentlemen: The Roanoke Regional Cable Television Committee is continuing negotiations with Cox Cable Roanoke, Inc. with regard to the renewal of the existing cable television franchise. The current extension of the franchise agreement between the City of Roanoke and Cox Cable Roanoke, Inc. expires on March 1, 1991. Although substantial progress has been made, it will not be possible to conclude the renewal process prior to March 1, 1991. Federal and state law preclude Cox Cable Roanoke, Inc. from operating a cable television system in the City of Roanoke without a valid franchise agreement. We have included in the proposed extension a one percent (1%) increase in the franchise fee paid by the franchisee to the City from four percent (4%) to five percent (5%) of gross revenues. Therefore, I recommend adoption of the attached ordinance which would provide for a 60-day extension of the existing cable television franchise with Cox Cable Roanoke, Inc. It is my understanding that Roanoke County and the Town of Vinton also intend to provide for a similar 60-day extension of their respec- tive franchises with Cox Cable Roanoke, Inc., with a one percent (1%) increase in the franchise fee. I will be pleased to respond to any comments or questions that you may have with regard to this matter. Very ~ruly yours, Chairman, Roanoke Regional Cable Television Committee HEM/MAW:dlj cc: W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney Members, Roanoke Regional Cable Television Committee Room 456 Municipal Buildincj 215 C~urch Avenue 5W Rcx~nc~e ~Arg,nia 24011 (700) 981-254.1