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HomeMy WebLinkAboutCouncil Actions 10-20-86REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL October 20, 1986 2:00 p.m. AGENDA FOR THE COUNCIL 28400 C-1 C-2 Call to Order -- Roll Call. All pr~e~. The invocation will be delivered by the Reverend James Thomason, Pastor, Rosalind Hills Baptist Church. Pr~e~. The Pledge of Allegiance to the Flag of the United States of America will be led by Mayor Noel C. Taylor. BID OPENINGS A. Bids for 1986 Roof Replacement No. 2 at the Roanoke Reoional Airport Terminal Buildinq, Roof Level E. Flve bi~ w~r~ ref~redto a committee composed of ~srs. Garland, Chairman, Kiaer, CONSENT AGENDA Approved (7-0) and Clark. 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 BELOW. THERE WILL BE NO SEPARATE DIS- CUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. Minutes of the regular meeting of Council held on Thursday, September 25, 1986. 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 com- mittees appointed by Council,-pursuant to Section 2.1-344 (al (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 authorities, boards, commissions and com- mittees appointed by Council, pursuant to Section 2.1-344 (al (1), Code of Virginia (1950), as amended. (1) REGULAR AGENDA Hearing of Citizens Upon Public Matters: Request of Mill Mountain a. Zoo, Inc., to make a presentation on Improvements made this year at Mill Mountain Zoo. Ms. Beth Poll, Director, Mill Mountain Zoo, and Mr. Timm Jamieson, Vice-President, Mill Mountain Zoo, Inc., Spokespersons. Received and filed. b. Request of Downtown Roanoke, Incorporated, to submit a formal proposal for the creation of a Downtown Service District for Roanoke· Mr. Robert W. Hooper, Executive Director, Spokesman. The proposal m~s relied to the City Manag~ for study, report and recommendation p~or to a publZc heari~ to be held on Novemb~ Petitions and Communications: 24 ~ 7:30 p.m. The Ci~y AY~torney~ a. A communication from Ms. Phyllis T. Simmons, Chairman of the Mental Health Services of the Roanoke Valley Board of Directors, requesting, ratification of certain changes in their By-Laws. Adopte~ R~o~tion No. 28400 (7-0). Reports of Officers: a. City Manager: Briefings: None. Items Recommended for Action: 1. A report recommending authorization to execute State-Local hospital agreements with participating hospitals and the local Health Department to provide certain s'erVices to medically indigent citizens of the City. Adopted 0rdinanoe N~. 28401 (5-0) Mrs. Bowl~s and Mayor Taylor abstained from voting!.. 2. A report with regard to a request from Harrison Heritage and Cultural Center, Inc., and Total Action Aqainst Poverty for operatinq funds. Adopted Ordinance No. 29402 and Ordinance No. 28403 (7-0]. 3. A report concurring in a report of the Bid Committee pertaining to the purchase of a new basketball floor Ior the Civic Center Coliseum. Adopted Or~LLnance No. 28404 7-0). Director of Finance: 1. A report recommending the appropriation of $35,764.00 in program income received from the Roanoke Redevelop- ment and Housing Authority and other sources. Adopted Ordinance No. 28405 (7-0). 2. Financial re~ort for the month of September, 1986 Received and filed. ' 3. b. cont. - i~t~ucted to prepare the prop~ meo~u~e changing the ho~r of the ( Coun~l meeting on Novemb~ 24 from 2:00 p.m. to 7:30 p.m. (Mr. Bow~s voting no). (2) Reports of Committees: A report of the City Planning Commission recommending that a parcel of land located at Hershberger and Williamson Roads which is being developed as a park, be named "Andrew~ Park." Mrs. Susan S. Goode, Chairman. Adopted R~o£u~t~Lon No. 28406 (7-0). A report of the City Planning Commission with regard to Senate Joint Resolution 47 subcommittee study of the subdivision laws of the Commonwealth of Virginia. Mrs. Susan S. Goode, Chairman. Adopted R~o2£ut~Lon No. 28407 (7-0). Unfinished Business: None· Introduction and Consideration of Ordinances and Resolutions: a. Ordinance No. 28385, on second reading, rezoning a tract of land containing 12.37 acres, located on the westerly side of Grandin Road Extension, south of Airview Road, S. W., designated as a portion of Official Tax Nos. 5090204 and 5090203, from RS-l, Single Family Residential District, to RG-1, General Residential District, subject to certain proffered conditions. Adopted Ordinance No. 28385 (7-0). b. Ordinance No. 28386, on second reading, rezoning a certain tract of land located at the intersection of Brambleton Avenue and Woodlawn Avenue, S. W., and extending through to Spessard Street, designated as Official Tax No. 1650318, from RS-3, Single Family Residential District, to C-1, Office and Institutional District, subject to certain prof- fered conditions. Adopted Ordinance No. 28386 (7-0). Ordinance No. 28387, on second reading, rezoning a certain tract of land containing approximately 1.03 acres, located at the intersection of Peters Creek Road and Woodbridge Avenue, N. W., designated as Official Tax Nos. 6370206 and 6370207, from RS-3, Single Family Residential District, to C-2, General Commercial District, subject to certain proffered conditions. Adopted Ordinance No. 28387 (7-0). Ordinance No. 28388, on second reading, rezoning certain tracts of land located on the east side of U.S. Route 220 South (Franklin Road) at its intersection with Southern Hills Lane (Virginia Route 722), designated as portions of Official Tax Nos. 5470116, 5470118, 5470119, and all of Official Tax No. 5470117, from RS-3, Single Family Residential District and C-1, Office and Institutional District, to C-2, General Commercial District, subject to certain proffered conditions· Adopted Ordinance No. 283~8 (7-0). (3) 10. Ordinance No. 28389, on second reading, permanently vacating, discontinuing and closing a paper alley, approxi- mately 600 feet in length, located off Spruce Street, S. E., between Underhi]] Avenue and 8rown]ee Avenue, S. E., lying between Official Tax Nos. 4330801, 4330802, and 4330814~ Adopted Ordinance No. 28389 (7-0). f. Ordinance No. 28390, on second vacating, discontinuing and closing Kimball Avenue and Seventh Street, N. 28390 (7-0). Motions and Miscellaneous Business: reading, permanently certain portions of E. Adopte~ Ordinance No. a. Inquiries and/or comments by the Mayor and members of City Council· The City Attorney w~ r~uestedto prep~e the proper meo~ure~ging the State's Commi~ee on Dist~ctCou~ to certifythe vacancy to be cre~ed by b. Vacancies on various authorities, boards, commissions and committees appointed by Council. Other Hearings of Citizens: 9. a. cont. - the retiremen~ of the Honorable James P. Brice, with copy of the < meaaure to be tra~mit~ed to the City's representatives .to the Gen~ Ass embly. Mr. Larry Fenzel, 1719 Grandin Road, S. W., addressed the mat~er of an ~cle which app~ed in the Roanoke Times & Wo~d News on Saturday, October 18, 1986, with ref~enee to r~m~ made by the Director of Finance on the Sunday Closing Law. Received and filed. Appointed Anne P. Glenn ~ a memb~ of the Constitutional Bicentennio~ Commission. Reappointed Lee S. Anthony, Robert A. Ga~nd and Ch~ncey L. Logan to the City of Roanoke Transpo~on Saf~y Commd~sion. Appointed Delv~ 0. McCadden to the Roanoke Public Library Bo~d. Reappointed L. A. D~ham to the Advd~ory Commi~e -- Crystal Spring Pumping Station. (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 October 16, 1986 Honorable Members of Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: I wish to request an Executive Session on Monday, October 20, 1986, to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by Coun- cil, pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950), as amended. Si ncerely ~Noel~. T l~or Mayor NCT:js Room 452 Municipal Building 215 Church Avenue, S.W. RoonoRe, Virginia 240t 1 (703) 981-2444 Mql Mountain Zoo, Inc. P,O. Box '13484 Roanoke, Va. 43-324'1 C~lY CLE~ - 'B60gl-7 p3:t6 October 6, 1986 Ms. Mary Parker City Clerk's Office 215 Church Ave. Roanoke, VA 24011 Dear Ms. Parker: This letter is to serve as a request to be placed on the agenda of the Roanoke City Council meeting on Oct. 13, at 7:30 p.m. At this meeting Mill Mountain Zoo, Inc wishes to give a short presentation on this year's improvements at the Mill Mountain Zoo in appreciation of City Council's generous support. This will be a short 10-minute presentation by a Board Member of Mill Mountain Zoo, Inc. Thank you in advance for allowing us this time. Beth Poff Zoo Director Mr. Samuel S. Bulbin, President Mill Mountain Zoo, Inc. Mr. Tin~ Jamieson, Vice-President, Mill Mountain Zoo, Inc. Office cf the City Clerk October 23, 1986 File ~79-277 Mr. W. Robert Herbert City Manager Roanoke, Virginia Mr. Wilburn C. Dibling, Jr. City Attorney Roanoke, Virginia Gentlemen: I am attaching copy of a communication from Mr. Guy W. Byrd, President, Downtown Roanoke, Incorporated, submitting a formal proposal for the creation of a Downtown Service District for Roanoke, which communication was before the Council of the City of Roanoke at a regular meeting held on Monday, October 20, 1986. On motion, duly seconded and adopted, the proposal was referred to the City Manager for study, report and recommendation to Council, prior to a public hearing to be held on the matter at the Council meeting on Monday, November 24, 1986, at 7:30 p.m. The City Attorney was changing the hour of 2:00 p.m. to 7:30 p.m. instructed to prepare the proper measure the Council meeting on November 24 from Si ncerely, Mary F. Parker, CMC City Clerk MFP:se Enc. cc: Mr. Guy W. Byrd, President, Downtown Roanoke, Inc., 410 First Street, S. W., Roanoke, Virginia 24011 Mr. Robert W. Hooper, Executive Director, Downtown Roanoke, Inc., 410 First Street, S. W., Roanoke, Virginia 24011 Mr. Joel M. Schlanger, Director of Finance Mr. Jerome S. Howard, Commissiorler of Revenue Mr. Gordon E. Peters, City Treasurer Room456 MunlclpolBuildlng 215 Church Avenue, S.W. Roanc~e, VtrglniQ24011 (703) 981-2541 GUY W BYRD Bank of Virginia President H LAWRENCE DAVlCBON Davidsons Vice President BEVERLY T FITZRATRICK, JR Dominion Bani<shares Secretary LACY W. HANSON Deloitte Haskins & Sells Treasurer WILLIAM E CALLAHAN, JR. Valley Metro HORACE G. FRALfN Frahn & Waldron EDWIN C HALL Hall Associates ,JAMES W. HARKNESS Dominion Bankshares F EDWARD HARRIS United Virginia Bank WILLIAM F HAWKINS Colonial American Nat'l Bank WILLIAM S. HUBARD Center in the Square JAMESW JENNINGS, JR. Woods, Rogers & Haz~egrove C HERBERT JOHNSON Herb Johnson Buick JOHN W LAMBERT, JR. John Lamber[ Associates CHARLES I. LUNSFORD, II Ohos LunsfordSons RICHARD M. LYNN Heironimus CHARLESH MOKEEVER WDBJ TV BRIDGETB MEAGHER Alexanders WILLIAM R REID Community Hos pital J ROBERTTHOMAS, JR Chaney Thomas. Stephenson & Hill CLAYH TURNER St Johns Episcopal Church JAMES M. TURNER, JR J M Turner & Co EZERA E. WERTZ Wertz Country Store BRIAN J WlSHNEFF City Economic DeveJoprnent Office ROBERT w HOOPER Executive Director October 14, 1986 The Honorable Noel C. Taylor Mayor, City of Roanoke 215 Church Avenue, S.W. Roanoke, Virginia 24011 Dear Mayor Taylor: It is with pride that Downtown Roanoke, Inc. submits herewith its formal proposal for the creation of a Downtown Service Dis- trict for Roanoke. This proposal is the culmination of countless hours of work on the part of many people within the downtown business com- munity, along with the highest level of support and cooperation of City officials. We believe this to be a bold step forward for both downtown and the City as a whole. It represents what we believe to be our best opportunity to maintain and accelerate the momentum that is producing one of the most vibrant, attractive and econom- ically viable downtowns in the nation. We sincerely hope that, after due consideration, it meets with your approval, and we stand ready to assist in any way during the review process. Yours very truly, Gu~C'W. Byrd President GWB:nbk CC: W. Robert Herbert, City Manager Joel M. Schlanger, Director of Finance Wilburn C. Dibling, Jr., City Attorney Jerome S. Howard, Commissioner of Revenue Gordon E. Peters, City Treasurer DOWNTOWN ROANOKE, INCORPORATED 410 FIRST STREET, S.W. · ROANOKE, VIRGINIA 24011 · (703) 342-2028 DOWNTOWN SERVICE DISTRICT Summary RECEI~EO !.,!.Et< CITY ^ 'Proposal Downtown Roanoke, Inc. is requesting Roanoke City Council to establish, pursuant to State Code, a primary Downtown Service District (bounded generally by Norfolk & Wells Avenues on the north, Elm Avenue on the south, the N&W Spur Line on the east, and Third Street on the west) and designate DRI as the City's agent in receiving funds and carrying out certain functions (following an approved work program) through the use of these funds. Functions Downtown Service Districts are created to provide a higher level of functions or services than a municipality is normally able to provide. Roanoke's Downtown Service District, as proposed, would focus on Economic Develop- ment (business retention, business recruitment, developer recruitment), Management ~p~nning, transportation management, public space management) and Community Rela- tions (public relations, government liaison, information & referral). Funding Downtown Service Districts are funded by an additional tax on all taxable real prop- erty within the boundaries defined. We are proposing an additional l0 cents per $100 of assessed value (over & above the current $1.29 per $100). Our estimates indicate that this will generate approximately $100,000 annually to carry out the functions described above. DRI Currently, Downtown Roanoke, Inc. is attempting to address the above functions, but its effectiveness has been extremely limited by budgetary constraints and by the at- tention it must devote to its many other functions which include retail promotions, and representing the business community on all matters affecting downtown. As envisioned, DRI would retain its basic structure as a non-profit, voluntary, mem- bership organization -- still carrying out its traditional functions and supported by dues. Although the imposition of an additional property tax would necessitate a reduction in membership dues, the combination of these two primary funding sources would result in an organization having an annual budget of approximately $130,000 to $150,000 -- sufficient to address all of downtown's needs and spreading the bur- den of improving downtown equally; something impossible now. Timetable Downtown Service Districts are created by local ordinance. By submitting our proposal to City Council on October 20, 1986, it is our hope that the necessary staff review, public hearing and approval process can have the ordinance in place by January l, 1987. DOWNTOWN SERVICE DISTRICT Roanoke, Virginia Proposal Pursuant to Section 15.1 - 18.3, Code of Virginia (1950), as amended, Downtown Roanoke, Inc. hereby requests that Roanoke City Council authorize the creation of a primary Downtown Service District, funded by an additional tax of 10 cents per $100 of assessed valuation on real property within said District, to carry out certain functions for the improvement of downtown over and above those already being provided. Further, we request that the creation of said District become effective January 1, 1987; that it remain in effect for a period of five years, after which a review by the City will determine whether or not it should be continued; and that Down- town Roanoke, Inc. -- as the representative organization of the downtown business community -- be designated as the contracting agency to receive and administer the funds generated Dy the additional property tax. Background Downtown Roanoke, Inc. has been aware of the Service District concept since it was first recommended as a possible source of funds for a downtown management entity in Design '79. In Virginia, Service Districts already exist in Winchester & Frank- lin, and the concept is being explored in Richmond. Other cities utilizing such districts include St. Louis, Memphis, Denver and Charlotte. Design '85 reiterated the need for a stronger downtown organization and, like the previous Study, noted the Service District concept. It recommended the creation of a Downtown Management Task Force. This recommendation was approved by the DR! Board of Directors in the fall of 1985. The Task Force was composed of: Guy W. Byrd H. Lawrence Davidson (ch.) Beverly T. Fitzpatrick, Jr. William H. Flannagan Horace G. Fralin Edwin C. Hall James G. Harvey, II William F. Hawkins William S. Hubard Sam Krisch Charles I. Lunsford, II Lewis W. Peery Joel M. Schlanger James M. Turner, Jr. Michael A. Williams Brian J. Wishneff Paul C. Buford, Jr., of CANB served in an advisory capacity to the group. The responsibilities of this Task Force included reviewing the state of the art in downtown management, setting up goals & objectives for what a downtown management entity should accomplish in Roanoke and determining the proper structure & funding base for such an organization. Work was divided into three phases: I. Determining desired functions and determining other area agencies addressing those functions in one form or another. II. Visiting other downtown organizations to gain first-hand knowledge of their functions, structure and funding. III. Applying the information gained in the first two phases to our situa- tion and formulating a recommendation on the type of downtown organi- zation best suited for Roanoke. In April of this year the Task Force presented ~ts findings back to the DRI Board. Tn essence, it underscored the need for an organization with a larger staff and budget, carrying out functions in these major categories: Economic Development Business RetentiOn Business Recruitment Developer Recruitment Management Planning Retail Mgmt Transp. Mgmt Pub. Space Mgmt Community Relations Advocacy Public Relations ' Gov't Liaison Info & Referral Funding alternatives had been examined, and the Task Force recommended the creation of a Downtown Service District to supplement membership dues. The Board of Direc- tors unanimously approved the Task Force report and formed a subcommittee to inves- tigate the feasibility of creating such a District in Roanoke. This subcommittee consisted of Guy Byrd, Larry Davidson, Paul Buford, Ed Hall, Bill Hubard and Jay Turner. The subcommittee, with the cooperation of City departments, set about the tasks of conducting additional research about the concept, answering legal questions regarding State enabling legislation, identifying and prioritizing permissible func- tions, determining appropriate boundaries for the District, arriving at an accept- able but adequate tax rate, and setting a desired timetable for implementation. Members of City Council were advised that we were considering the concept, and a meeting was held with key City personnel to discuss questions and procedural issues. This done, a report was presented to the DRI Board in September. The Board unani- mously approved the preparation and submittal of this formal request, thereby set- ting the implementation process in motion. To date, this process has included the preparation & dissemination of an information packet, a briefing of our membership, a presentation to which all property owners within the proposed District were in- vited and individual meetings with key property owners. District Boundaries & Characteristics As proposed, the term primary "Downtown Service District" shall mean that area bounded on the north by Norfolk Avenue, the Norfolk & Western right of way & property lines and Wells Avenue respectively; on the south by Elm Avenue; on the east by the Norfolk & Western spur line right of way and Williamson Road, respectively and on the west by 3rd St., SW, 2nd St., SW and N&W and Frame One property lines, respec- tively as shown on the attached map. Our calculations indicate that the area contains 377 taxable parcels controlled by 217 owning entities. The current assessed valuation is approximately $108 million. Functions The following is a detailed explanation of the functions to be carried out. They fall into the three broad categories of Economic Development, Management and Community Relations. Please note that those functions with no asterisk would be funded through Service District revenues. Only certain facets of~unctions with one asterisk would involve Service District revenues. Ao Economic Development 1. Business Retention -- Aimed at keeping existing businesses and, where appropriate, encouraging expansion within the downtown area. Involves 2 personal contacts to ascertain satisfaction levels and determine problems or needs, then addressing them either through private sector incentives (e.g. loan pools) or by acting as liaison between business & appropriate governmental agencies. 2. Business Recruitment -- Multi-faceted. Geographic target area must be determined by governing body. It should be oriented toward office & commercial businesses targeted either as likely candidates for a move or as needed to fill identified voids in our tenant mix. Efforts must in- volve research, the development of marketing tools (e.g. brochures & audio-visual presentations which not only extoll our assets but contain hard data) and the matching of prospects with .buildings and sites. 3. Developer Recruitment -- Involves identifying and securing developers ~pable of carrying out projects (office, commercial, residential, etc.) deemed necessary to the continued growth of downtown. B. Management Planning -- Includes general "development plan updates" (like Design '85) as well as more specific studies involving downtown"s various functions (e.g. retail development, housing) or detailed plans for specific areas (e.g. Jefferson Street, 3rd to 5th area). Most should be done in conjunc- tion with City but some, like marketing surveys & plans, should be the sole province of the organization. Efforts should emphasize implementa- tion strategies. This function should also involve representation in the design review process. *2. Transportation Management -, Assuming a more active role in traffic, transit and parking issues. Particular functions could include working with Valley Metro on various shuttle services (e.g. noontime shuttles to the Kimball and Old SW/RMH employment centers) and the recreation of a parking validation system. Possible involvement in other parking matters should also be considered. *3. Public Space Management -- Public spaces refer primarily to parks & plazas (some of which may be privately owned) and, to a lesser degree, to streets & sidewalks. "Management," as envisioned here refers not to on-going capital improvements, maintenance and major events, but to advisory activi- ties and recommendations geared toward improving the utilization & ap- pearance of these spaces. C. Community Relations *1. *2. 3. Public Relations -- Presenting downtown as a unit in an 'effort to influence perceptions. May take the form of general image-building or can be focused on a specific issue. Government Liaison -- Fostering communication and cooperation between the public & private sectors on specific issues. Informational & Referral -- Serving as a clearinghouse both for the dissem- ination of information of interest to a constituency and the referral of inquiries to appropriate agencies. This includes the sub-functions of education, disaster assistance and maintenance of a data base. Tentative First Year Work pro,ram As envisioned at this time, and assuming $100,000 as anticipated revenue from the District in calendar year 1987, activities to be carried out with District funds are outlined in general terms below, according to function: Ao Economic Development 1. Business Retention (joining e~fort w/City Econ. Dev. Office) -- Develop comprehensive listing of businesses within Service District -- Initiate contacts to determine needs, problems, opportunities, etc. 2. Business Recruitment -- Determine geographic target area -- Develop comprehensive informational packet including basic data, brochure, inventory of available space, etc. -- Begin identifying prospects and initiate contacts Developer Recruitment -- Carry out initial research to determine a set of criteria deemed by developers as constituting a favorable environment -- Begin identifying (based on Design '85 and current conditions) the types of projects most needed -- Develop list of potential developers for the various types of projects identified B. Management 1. Planning -- No specific studies anticipated for 1987 2. Transportation Management -- No specific activities anticipated for 1987 3. Public Space Management -- Development (jointly with the City) of a unified directional signage program -- Continue design & packaging of Activit9 Center project (this would be a "public space" on privately-held land) C. Community Relations 1. Public Relations -- Upgrade DOWNTOWNER newsletter and expand distribution 2. Government Liaison -- Specific activities undetermined at this time 3. Information & Referral --Upgrade downtown data base for inclusion in information packet (see Business Recruitment) The monies expected to be generated via the District in 1987 would be devoted'solely to the staff time, expenses and materials deemed necessary to carry out types of activities stated above. If the District is established and DRI is designated to administer the funds, we would submit a formal budget and work program each year for City approval. Accountability Since public funds are involved, the uses to which they are put must be approved by the City, and the designated agent administering the funds must be accountable to the Municipal Auditor. 4 Involvement and Support A concerted effort is being made to disseminate information about this proposal, its purposes, and fiscal impacts. Thusfar, the following steps have been taken: A. Presentation to DRI Board of Directors B. Presentation to DRI General Membership C. Meetings with City staff D. Notification of all property owners within the-boundaries of the proposed District and subsequent full briefing to all interested parties E. Individual meetings with as many property owners as possible F. Ongoing effort to secure signed forms from property owners endorsing the concept (to be presented at Public Hearing) To date, we have received no direct objections to the proposal. Timetable Our goal is to have the District go into effect and be designated as its agent as of ~anuars 1, 1987. With this in mind, we ask that a Public Hearing on the matter be scheduled for Novem- ber 24. This would allow just over 30 days for staff review and, if affirmative formal action is taken in early December, allow time for the ordinance to be drafted and a contract to be negotiated by the desired effective date. 5 PRIMARY DOWNTOWN SERVICE DISTRICT NORFOLK AVE. ~.~ WELLS AVENUE AVENUE Ill HUE ROANOKE, VIRGINIA Office of the City Clen~ October 23, 1986 File #22 Mrs. Phyllis T. Simmons Chairman Mental Health Services of Roanoke Valley Board of Directors 920 S. Jefferson Street, Suite 410 Roanoke, Virginia 24016-4494 Dear Mrs. Simmons: I am enclosing copy of Resolution No. 28400, ratifying amendments to the By-Laws of Mental Health Services of the Roanoke Valley, which Resolution was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 20, 1986. Sincerely, Mary F. Parker, CMC City Clerk MFP:se E~lCo CC: Dr. Fred P. Roessel, Jr., Ph.D., Executive Oirector, Mental Health Services of Roanoke Valley, 920 S. Jefferson Street, Suite 410, Roanoke, Virginia 24016-4494 Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Mr. James D. Ritchie, Director of Human Resources Room 456 Municipal Building 215 C]'~urch Avenue, S.W. Roanoke, Vlrglnla 24011 (703) 98'1-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 20th day of October, 1986. No. 28400. VIRGINIA, A RESOLUTION ratifying amendments to the By-Laws of Mental Health Services of the Roanoke Valley. WHEREAS, the Board of Directors of Mental Health Services of Roanoke Valley has requested that Council ratify certain amendments to its By-Laws, such amendments being set out verbatim letter of Phyllis T. Simmons, Chairman, copy of which is on file in the Office in the attachment to the dated October 8, 1986, a of the City Clerk; and WHEREAS, the City of Roanoke is a participating political subdivision in Mental Health Services of the Roanoke Valley, and this Council desires to grant the requested ratification; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Council hereby ratifies the amendments to the By-Laws of Mental Health Services of the Roanoke Valley set out verbatim in the attachment to the letter of Phyllis T. dated October 8, 1986, a copy of which is on of the City Clerk. Simmons, Chairman, file in the Office ATTE ST: City Clerk. October RECEIVED 8, 1~T6Y CLERHS OFFICE '86 P~Tr !3 ,!t! Mrs Phyllis T Simmons Miss Eunice Poindexter The Honorable Noel C. City of Roanoke 215 Church Ave., S. W. Roanoke, VA 24011 Taylor, Mayor Dear Mayor Taylor: At its regular meeting on August 21, 1986 the Board of Directors of Mental Health Services of the Roanoke Valley passed the enclosed revisions to their By-Laws, which are being sent to you for your ratification. These revisions are primarily to update the By-Laws and bring them in line with current laws and practices, and provide consistent labeling of the articles and sections throughout the document. Revisions to the approved changes in the By-Laws are underscored (Prescreenin~, case management) and deletions have been lined through (Executive Be~iew Committee). Our Board recommends ratification of the changes in our By-Laws as required by Title 37.1 Chapter Ten of the Code of Virginia, and request they be placed on your agenda for'consideration at your next scheduled meeting. If you have any questions about the changes or need additional information, please contact Dr. Fred Roessel, Jr., our Executive Director. Thank you for your continued support of our efforts to serve the residents of the Valley. Sincerely, Phyllis T. Simmons, Chairman MHSRV Board of Directors PTS:cd Enclosures cc: W. Robert Herbert, City Manager Roanoke City Council MENTAL HEALTH SERVICES OF THE ROANOKE VALLEY EXECUTIVE OFFICES, Suite 410, 9~ S. JeHerson Stteel, Roa.oke, V~r~i.ia ~4~16-4494 - (703) 345-9841 Servln~ lhe Cou.lles o{ Boletou~ and Roanoke and lhe Cilles of ~oa.oke a.d Salem BY-LAWS for MENTAL HEALTH SERVICES OF THE ROANOKE VALLEY ARTICLE I The name shall be MENTAL HEALTH SERVICES OF THE ROANOKE VALLEY. ARTICLE II PURPOSE Section 1. To provide a system of comprehensive community mental health, mental retardation and substance abuse services under local control. Section 2. To relate and integrate existing and planned programs. Section 3. To assure quality service and continuity of care in the areas of prevention, case finding, consultation, diagnosis, treatment, care, training, prescreening, case management, and rehabilitation by the establishment of new programs under direct administration of the Mental Health Services Board where current programs are non-existent or inadequate, or by entering into affiliatory agreements with agencies already providing services for the enhancement of those services, or for the creation of such services. Section 4. To provide continuing education to the public, ongoing research, training of personnel and evaluation of ongoing programs. ARTICLE III MEMBERSHIP Membership shall number fifteen, with three members from each of the four jurisdictions. Three members at large are to be recommended by the Board and must be approved by the four jurisdictions. This Board shall represent the City of Roanoke, the City of Salem, the County of Roanoke and the County of Botetourt who shall appoint Board members and shall notify the Board of appointees. Term of the office shall be for three years from the first day of January of the year of appointment. Terms of office will be Staggered to provide that an equal terms, one fro~-~ach ~uris~i~-~ion and o~-~ ~t iar number of ~ear. ~e, expire eac--~ Any adjustment to the expiration date or current t~rms will b_~e accomplished b_~ attrition through e~plrln~ terms or other vacancies. Vacancies shall be filled for the unexpired terms. ~a %~e same masses as s~aa~ ap~e~me~s~ No person shall-- be eligible to serve more than two successive three year terms, provided that ~ersons heretofore and hereafter appointed to fill vacancies ~a¥ serve two additional successive terms. Any member of the Board may be----~emoved by the appoin{in--~---~-~thority for cause, after being given a written statement of the causes and an opportunity to be heard thereon. ARTICLE IV POWERS AND DUTIES Section 1. the Mental Health, Mental Services program. To serve as Board of Directors for Retardation and Substance Abuse Section 2. To be the sole recipient of local tax funds to be matched by State and/or Federal funds for the mental health, mental retardation and substance abuse services programs and to have authority for the expenditure of all said local tax funds allocated to it. Section 3. To review and evaluate community mental retardation and substance abuse services both public and private, available to serve the mental health, and facilities, community. Section 4. To submit to the governing body or which it is an agency, a mental retardation and bodies of each political subdivision, of program of community mental health, substance abuse services and facilities. Section 5. within amounts execute such program and maintain such authorized under such appropriations. or operation of the rendition direction or appropriated thereon, services as may be Section 6. Enter into contracts for rendition services or facilities. Section 7. Make rules or regulations concerning or operation of services and facilities under its supervision, subject to applicable standards or regulations of the Department of Mental Health and Mental Retardation. Section 8. Appoint an executive director of Mental Health Services whose qualifications meet the standards fixed by the Department and prescribe his duties. The compensation of such executive director shall be fixed by the Board and within the amounts made available by appropriation therefor. This executive director will be responsible directly to the Mental Health Services Board for all aspects of programs directly and indirectly under the purview of the Mental Health Services Board. Section 9. Prescribe a reasonable schedule of fees for services provided by personnel or facilities under the jurisdiction or supervision of the Board and for the manner of collection of same; provided, however, that all collected fees shall be deposited in a special account designated by the political subdivision serving as fiscal agent as specified by agreement of the participating governments; provided, further, that such collected fees shall be used only for community mental health, mental retardation and substance abuse purposesl Section 10. Accept or refuse gifts, donations, bequests or grants of money or property from any source and utilize the same as authorized by the political subdivisions of which it is an agency. Section 11. Seek and accept funds through State and Federal grants and maintain a line of credit sufficient to maintain the day-to-day operations of the programs under its jurisdiction. Section the membershi~ of ARTICLE V OFFICERS 12. ~aintain and ~romote awareness among ~ Board Orientation Manual. Chairman, Section 1. Officers of this Board shall be Vice Chairman, Secretary and Treasurer. Section 2. The duties of the Chairman shall be: a. To preside at all meetings of the Board and the Executive ~e~ew Committee. To appoint all committees deemed for the operation of the Board as by the Board. necessary authorized Ce To work closely with the Executive Director and staff. d. To perform any other duties determined by the Board. To keep the Commissioner of Mental and Mental Retardation appropriately of the activities of the Board. absence any other duties assigned by Health informed Section of the Chairman, 3. The Vice-Chairman shall, in the perform the duties of the Chairman and the Board. Section 4. The Secretary shall keep accurate records of all meetings of the Board and the Executive Review Committee. The Secretary shall send all notices of Board and Executive Review Committee meetings and shall perform such other duties as requested by the Chairman. The Secretary may delegate certain duties and responsibilities tm the paid staff of the Board through the Executive Director. -- -- -- include serving ARTICLE VI Section 5. The duties of the Treasurer shall as Chairman of the Budget and Finance Committee. NOMINATIONS, ELECTION AND TERMS OF OFFICE 3 Section 1. The Board shall elect its officers at the last meeting preceding the new calendar year. Section 2. The term of office shall begin on January 1 and shall be for one year. No officer may serve more than two consecutive terms in the same office. ~he e~ee~ ~ee. A majority of those present and voting shall constitute an election. Section 3. Any vacancy occurring in the officers shall be filled by the Board. ARTICLE VII MEETINGS Section 1. Regular meetings shall be held at a time to be determined by the Board. Section 2. Special meetings may be called by the Chairman or upon written request of three members. Section 3. The quorum for all Board meetings shall be five members, including the Chairman or Vice-Chairman. Section 4. The Executive Be~ew Committee shall meet at the discretion of the Chairman. Section 5. The quorum for all Executive Be~ew Committee meetings shall be a majority of the Committee. ARTICLE VIII EXECUTIVE COMMITTEE Section 1. The elected officers of the Board shall constitute the Executive Be~ew Committee of which the Chairman and Secretary shall be, respectively, Chairman and Secretary. Representation of each jurisdiction shall be assured by the appointment of a member to the Executive Review Committee when no elected officer represents such jurisdiction. Section 2. It shall be the duty of this Committee to conduct the necessary business between meetings of the Board. All actions taken are subject to ratification at the next regular meeting of the Board. Section 3. This Committee shall regularly review programs either operated directly or through contractual agreements to ensure the adequacy of service, conformance to standards accepted, and make certain that community needs of mental health, mental retardation and substance abuse are being met. Section 4. It shall be the dut~ of this committee to conduct an annua-~- evaluation of the E~-~cutive Director for presentation t--~--~e full Board an--~ to ~ct for the Board in contract negotiations ~-~th the Executive Director. 4 ARTICLE IX STANDING COMMITTEES The Chairman of the Board and the Executive Director will be ex-officio members of all committees to which they are not specifically appointed. There shall be the following standing committees, whose ~unction shall be advisory to the Board: Section 1. Budget and Finance. This Committee shall review the budgets, financial affairs and ~olic~es, and audit ~eports of the a e~ and its subcontractors and make recommendations ~-~ the full Boa~-~. Tn addition, it shall aid in the presentation--~f budgets at variouS-levels of governments. Section 2. Community Relations. This Committee shall implement a program of information for the various agencies and governments and the public in conjunction with the Executive Director. Section 3. Mental Retardation Committee. This Committee will review community mental retardation programs and make recommendations to the Board for the enhancement of mental retardation services. In addition, this Committee will develop long-range plans for mental retardation to present to the Board for its consideration. Section 4. Personnel Committee. The function of this committee is to review and make-recommendations to the Board concerning personnel policies and guidelines. Section 5. Mental Health Committee. This Committee will review community menta~ health programs and make recommendations to the Board for the enhancement of mental health service. In addition, this Committee will develop long-range plans for mental health to present to the Board for its consideration. Section 6. Nominatinq Committee. This Committee will be appointed in time to make recommendations to the Board with regard to a slate of prospective Board officers at least thirty days prior to the end of each calendar year. Section 7. Substance Abuse Committee. This Committee will review community substance abuse programs and make recommendations to the Board for the enhancement of substance abuse service. In addition, this Committee will develop long- range plans for substance abuse to present to the Board for its consideration. ARTICLE ~ INDEMNIFICATION Section 1. Mental Health Services of the Roanoke Valley shall indemnify any person who was or is a party 5 or is threatened to be made a party to any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative or investigative (including an action or suit by or in the right of Mental Health Services of the Roanoke Valley to procure a judgment in its favor) by reason of the fact that he is or was a director or officer of Mental Health Services of the Roanoke Valley, or is or was serving at the request of Mental Health Services of the Roanoke Valley as a director or officer of a corporation, partnership, joint venture, trust or other enterprise, against judgments, fines, amounts paid in settlement, and expenses (including attorneys' fees) actually and reasonably incurred by him in connection with such action, suit or proceeding except only in relation to any claim, issue or matter as to which such person shall have been finally adjudged to be liable for his gross negligence or willful misconduct. Each such indemnity shall inure to the benefit of the heirs, executors and administrators of such person. Section 2. Any indemnity under subsection (1) above shall (unless authorized by a court) be made by Mental Health Services of the Roanoke Valley only as authorized in the specific .case upon a determination that the director or officer was not guilty of gross negligence or willful misconduct in the performance of his duty and, in case of a settlement, that such settlement was, or if still to be made is, consistent with such indemnity and the best interests of Mental Health Services of the Roanoke Valley. Such determination shall be made (i) by the Board of Directors by a majority vote of a quorum consisting of directors who were not parties to such action, suit or proceeding, or (ii) if such a quorum is not obtainable, or, even if obtainable, a quorum of disinterested directors so directs, by independent legal counsel in a written opinion. If the determination is to be made by the Board of Directors, it may rely, as to all questions of law, on the advice of independent counsel. Section 3. Expenses incurred in defending an action or proceeding, whether civil, administrative or suit investigative, may be paid by Mental Health Services of the Roanoke Valley in advance of the final disposition of such action, suit or proceeding as authorized by vote of the persons provided in subsection (2) of this section, upon receipt of an undertaking by or on behalf of the director or officer to repay such amount unless it shall ultimately be determined that he is entitled to be indemnified by Mental Health Services of the Roanoke Valley as authorized in this section. Section 4. The right of indemnification provided by this section shall not be exclusive of any other rights to which any director of officer may be entitled, including any right under policies of insurance that may be purchased and maintained by Mental Health Services of the Roanoke Valley or others, even as to claims, issues or matters in relation to which Mental Health Services of the Roanoke Valley would not have the power to indemnify such director of officer 6 under the provisions of this sectionl Section 5. Mental Health Services of the Roanoke Valley may purchase and maintain at its sole expense insurance against all liabilities or losses it may sustain in consequence of the indemnification provided for in this section, in such amounts and on such terms and conditions as the Board of Directors may deem reasonable. ARTICLE XI CONSUMER INVOLVEMENT It shall be the policy of this Board to encourage, and be receptive to, consumer involvement. Meetings of the Board shall be open to the public. Liaison with identified consumer groups will be maintained to facilitate optimum consumer involvement. Periodic reports (such as the Mental Health Services of the Roanoke Valley Annual Report, Newsletter, and evaluation reports) will be available to the public, and copies distributed to appropriate consumer organizations. ARTICLE XII ORIENTATION OF NEW BOARD MEMBERS New members will receive a copy of all pertinent Board and Agency orientation materials (by-laws, Program Service Directory, etc.) as a means of familiarization of Mental Health Services of the Roanoke Valley functioning. In addition, individual orientation will be routinely provided to assist and facilitate each new member's understanding of Board operation and program service delivery. ARTICLE XIII CONFLICT OF INTEREST Whenever a Board member or Committee member has cause to believe that a matter to be voted u~on would involve him in a conflict of interest, he shall comply with the ~r6visions of ~-~e-- Virginia ~-~m?rehensive ~onflict of Inte--~t- ~cts, Sectio~-~ 2.1-599, et seq., 1950 Code ~f Virginia, as amended. ARTICLE XIV Robert's Rules of Order, revised, shall govern the Board in all cases to which they are applicable and in which they are not inconsistent with these By-laws. ARTICLE XV These By-laws may be amended at any regular meeting of the Board by two-thirds vote of those present and voting, notice having been submitted in writing two weeks prior to the meeting, subject to the approval of the participating governing bodies. Adopted at a regular meeting of the Board Date August 21, 1986 By a Ten to one vote. Se~tary 8 October 23, 1986 File ~22 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 28401, authorizing you to execute State-Local Hospitalization Plan Agreements with the State Department of Social Services and certain hospitals and the City Health Department to provide for in-patient, ambulatory surgery, and out-patient care and treatment for certain indigent citizens at certain rates, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 20, 19H6. Sincerely, Mary F. Parker, CMC City Clerk MFP:se Enc. Room 456 Munlcll~al Building 215 Church Avenue. S.W. Roanoke, Virginia 240"11 (703) 981-2,~.1 Mr. W. Robert Herbert Page 2 October 23, 1986 CC: Mr. John A. Walstrum, Chief Financial Officer, Lewis-Gale Hospital, Inc., 1900 Electric Road, Salem, Virginia 24153 Mr. Thomas L. Robertson, Administration, Roanoke Memorial Hospitals, P. O. Box 13367, Roanoke, Virginia 24033 Mr. William R. Reid, Administrator, Community Hospital of Roanoke Valley, P. O. Box 12946, Roanoke, Virginia 24029 Mr. Donald J. Lane, Administrator, Gill Memorial Hospital, 711 South Jefferson Street, Roanoke, Virginia 24011 Mr. Richard D. Schrock, Director of Finance, Medical College of Virginia, Richmond, Virginia 23298 Mr. John T. Ashley, Executive Director, University of Virginia Hospital, Charlottesville, Virginia 22903 Mr. William Lukhard, Director, State Department of Welfare and Institutions, Blair Building, 8007 Discovery Drive, Richmond, Virginia 23288 Dr. E. J. Clarke, Jr., Director, Roanoke City Health Depart- ment, P. O. Box 12926, RoanoKe, Virginia 24029 Mr. Frank L. Showalter, Administrator, Roanoke City Health Department, P. O. Box 12926, Roanoke, Virginia 24029 Mr. James D. Ritchie, Director of Human Resources Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of October, 1986. No. 28401. AN ORDINANCE authorizing the City Manager Hospitalization Plan Agreements with the to execute State-Local State Department of Social Services vide for treatment riding and certain hospitals and the City Health Department to pro- in-patient, ambulatory surgery, and out-patient care and for certain indigent citizens at certain rates; and pro- for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager or his designee is hereby authorized and directed for and on behalf of the City to execute State-Local Hospi- talization Plan Agreements with the State Department of Social Ser- vices and the following hospitals and the City's Health Department at the following rates to provide for in-patient, ambulatory surgery, and out-patient care and treatment of indigent citizens of this City, upon certain terms and Attorney: Community Hospital of Roanoke Valley Gill Memorial Hospital Lewis-Gale Hospital Medical College of Virginia Roanoke Memorial Hospitals conditions and upon forms approved by the City In-Patient Ambulatory Surgery Out-Patient $ 459.57 $ 312.50 $ 15.00 $ 376.08 $ 255.73 $ 15.00 $ 362.81 $ 246.70 $ 15.00 $ 376.08 $ 255.73 $ 15.00 $ 304.96 $ 207.37 University of Virginia Hospital Roanoke City Health Department 2. The term of such of July 1, 1986, 3. In order municipal government, nance shal! be in full $ 459.57 $ 312.50 $ 15.00 $ 15.00 agreements shall and expire June 30, 1987. to provide for the usual daily an emergency is deemed to force and effect upon its commence retroactively as operation of the exist, and this ordi- passage. ATTE ST: City Clerk. RECEI vF~[; Roanoke, Virginia CITY C~.,_,,,,,rP~<",' OFF!Cf October 20, 1986 Honorable Mayor and Roanoke, Virginia Members of Council: City Council'86 00T 15 A9'07 I. BACKGROUND II. Subject: State-Local Hospitalization Agreements A. State-Local Hospitalization is a plan whereby the State Department of Social Services and the City of Roanoke agree to provide hospitalization, outpatient and/or emergency room service and outpatient (ambulatory) ser- vice to medically indigent citizens of the City of Roanoke. Funds are 75% reimbursed to the City. B. Provisions of these services is accomplished by the execution of State-Local Hospitalization Plan Agree- ments between the providing hospitals, the City of Roanoke, and the State Department of Social Services. C. Local Health Departments, by Chapter 7, Title 63.1, Code of Virginia, as amended in 1976, are allowed to bill the State Department of Social Services for out- patient care provided through their clinics to medi- cally indigent persons. D. City of Roanoke has entered into previous agreements to allow the local Health Department to receive State funds for providing outpatient care to medically indigent citizens. E. City Council has annually authorized the City Manager, or his designee, to execute these agreements. CURRENT SITUATION A. State-Local Hospitalization Plan Agreements have been executed by the various hospitals wishing to participate in the program for year beginning July 1, 1986 and end- ing June 30, 1987. Agreements need to be executed by the City of Roanoke before being approved by the State Department of Social Services (copies attached). III. IV. - 2 - m o Co Do Local Health Department has requested that the City Manager, or his designee, sign the State-Local Hospital- ization Agreement for outpatient care for the period beginning July 1, 1986 through June 30, 1987 (copy attached). Rate(s) a hospital may charge for service(s) are estab- lished by the Uniform Hospital Cost Accounting System based on each individual hospital's operational cost. Hospital agrees to care for persons admitted, receiving ambulatory surgery, or outpatient services July 1, 1986 through June 30, 1987 under the State-Local Hospital- ization Agreements at the following all inclusive daily rates: Hospitals Inpatient Community Hospital of Roanoke Valley $ 362.81 Gill Memorial Hospital 376.08 Lewis-Gale Hospital 304.96 Medical College of Virginia 459.57 Roanoke Memorial Hospitals 376.08 University of Ambulatory Outpatient Surgery $ 246.70 $ 15.00 255.73 15.00 207.37 .... 312.50 15.00 255.73 15.00 Virginia 459.57 312.50 15.00 E. Local Health Department is allowed to bill the State Department of Social Services at an all inclusive rate of ~15.00 per visit for outpatient care. ISSUES A. Need for State-Local Hospitalization Plan. B. Budget Concerns. C. Patient Care. ALTERNATIVES A. Authorize the City Manager, or his designee, to execute - 3 - State-Local Hospital Agreements with the participating hospitals and the local Health Department. 1. Need for State-Local Hospitalization Plan Citizens of the State and City have identified this program as being necessary for those citizens who are medically indigent and cannot qualify for any other health care program. City provided, at an all inclusive rate, for FY 1985-86 the following: a. Hospitalization for 73 citizens; b. Outpatient treatment at local hospitals for 60 citizens; c. Ambulatory surgery for 15 citizens; d. Outpatient treatment at local Health Department for 1,143 citizens. 2. Budget Concerns Appropriation for 1986-87 for hospitalization and outpatient care is 9185,000.00 of which 75% of expended funds will be reimbursed to the City; ~16,585.00 was collected by the local Health Department during 1985-86 for treatment of outpatient citizens. 3. Patient Care - Health care will be provided, at a quality level, to medically indigent citizens of the City of Roanoke. Do not authorize the City Manager, or his designee, to execute State-Local Hospital Agreements with the partic- ipating hospitals and the local Health Department. 1. Need for State-Local Hospitalization Plan Program has been identified as being necessary for those citizens who are medically indigent and do not qualify for any other health care program. City will not have an agreement with the participating hospitals for an all inclusive rate for hospitalization and - 4 - outpatient treatment for necessary health care for approximately 1,291 medically indigent citizens. 2. Budget Concerns - Present appropriation of 9185,000.00 for hospitalization of medically indigent citizens would not be spent, and the local Health Department would not receive $15.00 per visit for citizens receiving outpatient treatment at that facility. 3. Patient Care - Care will be provided by local hospitals which have contracted directly with the State Department of Social Services; how- ever, citizens may not receive needed medical services. RECOMMENDATION A. Authorize the City Manager, or his desisnee, to execute State-Local Hospital Asreements with the participatin8 hospitals and the local Health Department (Alternative JDR:pr CC: Respectfully submitted, ~~ert~ City Manager Wilburn C. Dibling, City Attorney Joel M. Schlanger, Finance Director W. Robert Herbert, City Manager J. D. Ritchie, Director of Human Resources Dr. E. J. Clarke, Health Director, Health Dept. STATE - LOCAL HOSPITALIZATION PLAN - VIRGINIA AGREEMENT TO PROVIDE HOSPITALIZATION AND TREATMENT OF INDIGENT OR MEDICALLY INDIGENT PERSONS FOLLOWING COMPLETION AND SIGNATURE BY APPROPRIATE PERSONS,ORIGiNAL ANn2 COPIES ARE TO laE FORWARDED TO THE DIVISION OF EJENEPIT PROGRAMS. OEPT. OF SOCIAL SERVICES. 8007 DISCOVERY DRIVE. RICHMOND, VA 23288 This agreement between the Ccrrm~ni~-~ LT~-~. ~tr~l c~f ~rlnk;= VR]]ey P.O. Box 12946 and theX~(~[~ City of is made with the following provisions: 1. The Hospital agrees that. if accommodations are available at the time the request is made, it will admit and furnish hospital care and treatment to pebents upon presentation of an official authorization signed by a referring physician and is. sued by the Authorizing Agent of the above-named county or city entitling them to assistance under the State. Local p~talization Plan as provided by Chapter ?, Title 63. I, Code of Virginia, as amended. 2. Each authorizatton issued by the Authorizing Agent is to be made for a period not in excess of fourteen days. The county/city shall be notified by the hospital at the direction of the attending physician if any such patients require hos- pitalization beyond the period authorized. In the event that additional stay is required and notice is given as herein provided for, such stay shall be as provided for in Section 63. I. 137 of the Code of VzYg~nia. In no case shall the county/city be liable for the care and treatment of any pabent retained for teaching purposes and in such event such care and treatment shall be borne by the Hospital A separate authorization shall be required for each admission or readmission under this contract. 3.(al The Hospital agrees to care for persons admitted under th~s agreement at the rate of $ 362.R~, per patient day. This conshtutes the total charge to be made to the locality or the individual for hospitalization care and treatment. *(b} Outpatient and/or Emergency Room Service will be provided at an all-inclusive rate of $ (c) Outpatient (Ambulatory) surgery will be provided at an all inclusive rate of $ ~R 7R per visit, per visit. (d) Infants hospitalized concurrently with the mother during the §-day newborn period are to be cared for without charge other than that specified for the care of the mother. Premature infants requ~ring hospitalization without the mother, or at the expiration of the 5~lay period, are to be cared for at 40% of the rate specified above. Sick infants requiring hospitali- zation without the mother, or at the expiration of the S~lay newborn period, are to be cared for at the full rate specified 4. Payment wi!l not be made for services rendered prior to date of authorization except in case of emergency admis- s~on which should be reported within 72 hours to the authorizing agent who will receive an application from and investigate theeligib tV of the patient. 5. The Hospital agrees that the total payment, regardless of source, for the care of patients under this agreement will not exceed the rates specified herein. If the hospital receives payment for the care of patients under this agreement from a third party source following payment by the locality, the hospital shall reimburse the authorizing agent the total of such amount paid by the third party or the amount of payment made by the Inca ty whichever is the lesser. 6. The Hospital agrees to notify the Authorizing Agent within 48 hours following the admission or reedmission of a patient hospitalized under this agreement. 7. Immediately upon discharge of a patient, the hospital bill is to be rendered to the county or city on the form furnished for this purpose. 8. When this contract is with a Health Department Clinic to provide outpatient care, that service will be at an all- inclusive rate of $ _ per visit. 9. This agreement may be terminated upon thirty days written notice by either party or the Department of Social Services. Otherwise, the agreement shall remain in effect from: July 1, FOR HOSPITAL to __ June 30, 1987 OR HEALTH DEPARTMENT _ c',~r,,m~-~, P--,~r~-~l ¢,F ~"~r-.-~= %/'~11~t~ .~.~, /,~¢?~, ' , FOR GOVERNING BODY OF (Title) THE (~I~GIt~E~X]g~ CITY: --. APPROVED: DEPARTMENT OF SOCIAL SERVICES 'Opt*onal ey Chapter ? of 63. 1 of the Virginia Code is the legal basis for the program of Hospitalization and Treatment of Indigent ~r~on (State/Local Hospitalization program). The governing body of each locality participating in the program is to appoint an authorizing agent who is empowered by Section 63.1-~39 of the above chapter to administer the program in the Iocailty. Under the provisions of this program, localities, with the approval of the State Board of Social Services, are authorized to enter into contracts with hospitals and health department clinics to provide inpatient and outpatient care and treatment to residents of the locality. A standard contract form is provided to local authorizing agents by the Division of Benefit Programs, Virginia Department of Social Services. Sufficient forms are mailed to the authorizing agent just prior to the beginning of the fiscal year to renew contracts with hospitals and clinics with which there is a current contract. Additional contract forms will be sent at any time to the authorizing agent on request. The authorizing agent is to submit three contract forms to the hospital or health department clinic which agrees to provide services to residents of the locality. In the meantime, each hospital will receive from the Division of Benefit Programs the maximum reimbursable rate on which the locality will be reimb~,rsed from state funds for payments made to the facility. The maximum rate for any hospital will be provided to an authorizing agent on request. The hospital is to enter the rates it receives if the rates are acceptable, in the event the maximum reimbursable rate is not acceptable, the amount of an agreed upon rate that is in excess of the maximum reimbursable rate is not subject to reimburse- ment to the locality from state funds. All three copies of the contract are to have the rates and the period covered entered and are to be signed by the administrator of the hospital or clinic or other appropriate persons and returned to the authorizing agent. The authorizing agent or other designated representative of the locality is to ~ign all three forms and forward them to the Supervisor, Medical Care Section, Division of Benefit Programs, Virginia Department of Social Services. When approved, the original will be retained by the Division of Benefit Programs and two copies returned to the authorizing agent. One copy is to be retained by the authorizing agent and the other is to be forwarded to the hospital or clinic. A maximum reimbursable inpatient rate is established for each hospital. That rate is the average daily cost of inpatient care over the hospital's last cost accounting period, less depreciation on buildings, subject to a regional maximum rate that is established by the State Board of Social services. The maximum established rate for each SLH region is 115% of the weighted average cost of care of all hospitals within the region. The maximum established rate for out-of*state hospitals is 115% of the weighted average cost of care of all hospitals within the state. A maximum reimbursable outpatient and emergency room fee for routine services is established by the State Board for all hospitals and clinics. The rate is not based on an,/costing formula and is an all inclusive charge per visit. A maximum reimbursable rate for outpatient (ambulatory) surgery based on 68 percent of each hospital's inpatient rate is established by the State Board. COMMONWEALTH OF VIRGINIA DE~rAflTMENTOF SOCIAL SERVICES STATE - LOCAL HOSPITALIZATION PLAN - VIRGINIA AGREEMENT TO PROVIDE HOSPITALIZATION AND TREATMENT OF INDIGENT OR MEDICALLY INDIGENT PERSONS FOLLOWING COMPLETION AND SIGNATURE BY APPROPRIATE PERSONS,ORIGINAL AND2 COPIES ARE TO BE FORWARDED TO THE DIVISION OF BENEFIT PROGRAMS. PERT. OF SOCIALSERVtCES. 8007 DISCOVERY DRIVE, RICHMOND. VA 23288 This agreement between the FE~L~.cal Colleqe of and the (2~gi:~City of is made with the following provisions: 1. The Hospital agrees that, if accommodations are available at the time the request is made, it will admit and furnish hospital care and Ireatment to patients upon presentation of an official authorization signed by a referring physician and is- sued by the Authorizing Agent of the above-named county or city entitling them to assistance under the State - Local Hos- pitalization Plan as provided by Chapter 7, Title 63. I, Code of WYginia. as amended. 2. Each authorization issued by the Authorizing Agent is to be made for a period not in excess of fourteen days, The county/city shall be notified by the hospital at the direction of the attending physician if any such patients require hos- pitalization beyond the period authorized. In the event that additional stay is required and notice is given as herein provided for, such stay shall b~ as provided for in Sect/on 63. 1-137 of the Code of Virg/nia. In no case shall the county/city be liable for the care and treatme~t of any patient retained for teaching purposes and in such event such care and treatment shah be borne by the Hospital. A separate authorization shall be required for each admission or readmission under this contract. 3.(al The Hospital agrees to care for persons admitted under this agreement at the rate of $ ~/Kq K7 per patient day. This conshtutes the total charge to be made to the locality or the individual for hospitalization care and treatment. · lb) Outpatient and/or Emergency Room Service will be provided at an all-inclusive rate of $ 1% ['~ per visit. lc) Outpatient (Ambulatory) surgery will be provided at an all inclusive rate of $ ~ per visit. (d) Infants hospitalized concurrently with the mother during the 5-day newborn period are to be cared for without charge other than that specified for the care of the mother. Premature infants requiring hospitalization without the mother, or at the expiration of the 5<lay period, are to be cared for at 40% of the rate specified above. Sick infants requiring hospitali- zation without the mother, or at the expiration of the 5<lay newborn period, are to be cared for at the full rate specified above. 4. Payment wi!l not be made for services rendered prior to date of authorization except in case of emergency admis- sion which should be reported within 72 hours to the authorizing agent who will receive an application from and investigate the eligibility of the patient. 5. The Hospital agrees that the total payment, regardless of source, for the care of patients under this agreement will not exceed the rates specified herein. If the hospital receives payment for the care of patients under this agreement from a third party source following payment by the locality, the hospital shall reimburse the authorizing agent the total of such amount paid by the third party or the amount of payment made by the locality, whichever is the lesser. 6. The Hospital agrees to notify the Authorizing Agent within 48 hours following the admission or readmission of a patient hospitalized under this agreement. 7. Immediately upon discharge of a patient, the hospital bill is to be rendered to the county or city on the form furnished for this purpose. 8, When this contract is with a Health Department Clinic to provide outpatient care, that service will be at an all- inclusive rate of $ per visit. 9. This agreement may be terminated upon thirty days written notice by either party or the Department of Social Services. Otherwise, the agreement shall remain in effect from: July 1, 1986 J~ 30, 1-987 FOR GOVERNING BODY OF THE )OO~l~g(~/:~ CITY: R:~a~c~ke 'Optional APPROVED: DEPARTMENT OF SOCIAL SERVICES By Chapter 7 of 63. I of the Virginia Code is the legal basis for the program of Hospitalization and Treatment of Indigent Ik~rso ,a (State/Local Hospitalization program). The governing body of each locality participating in the program is to appoint an authorizing agent who is empowered by Section 63.1-139 of the above chapter to administer the program in the locality. Under the provisions of this program, localities, with the approval of the State Board of Social Services, are authorized to enter into contracts with .hospitals and health department clinics to pro~ide inpatient and outpatient care and treatment to residents of the locality. A standard contract form is provided to local authorizing agents by the Division of Benefit Programs, Virginia Depart ment of Social Services. Sufficient forms are mailed to the authorizing agent just prior to the beginning of the fiscal year to renew contracts with hospitals and clinics with which there ~s a current contract. Additional contract forms will be sent at any time to the authorizing agent on request. The authorizing agent is to submit three contract forms to the hospital or health department clinic which agrees to provide services to residents of the locality. In the meantime, each hospital will receive from the Division of Benefit Programs the maximum reimbursable rate on which the locality will be reimbursed from state funds for payments mede to the facility. The maximum rate for any hospital will be provided to an authorizing agent on request. The hospital is to enter the rates it receives if the rates are acceptable. In the event the maximum reimbursable rate is not acceptable, the amount of an agreed upon rate that is in excess of the maximum reimbursable rate is not subject to reimburse- ment to the locality from state funds. All three copies of the contract are to have the rates and the period covered entered and are to be signed by the administrator of the hospital or clinic or other appropriate parsons and returned to the authorizing agent. The authorizing agent or other designated representative of the locality is to sign all three forms and forward them to the Supervisor, Medical Care Section, Division of Benefit Programs, Virginia Department of Social Services. When approved, the original will be retained by the Division of Benefit Programs and two copies returned to the authorizing agent. One copy is to be retained by the authorizing agent and the other is to be forwarded to the hospital or clinic. A maximum reimbursable inpatient rate is established for each hospital. That rate is the average daily cost of inpatient care over the hospital's last cost accounting period, less'depreciation on buildings, subiect to a regional maximum rate that is established by the State Board of Social services. The maximum established rate for each SLH region is t 1,5% of the weighted average cost of care of all hospitals within the region. The maximum established rate for out-of-state hospitals is 115% of the weighted average cost of care of alt hospitals within the state. A maximum reimbursable outpatient and emergency room fee for routine services is established by the State Board for ali hospitals and clinics. The rate is not based on any costing formula and is an all inclusive charge per visit. A maximum reimbursable rate for outpatient (ambulatory) surgery based on 68 percent of each hospital's inpatient rate is established by the State Board. COMMONWEALTH OF VIRGINIA DEPARTMENT OF SOCIAL SERVICES STATE. LOCAL HOSPITALIZATION PLAN - VIRGINIA AGREEMENT TO PROVIDE HOSPITALIZATION AND TREATMENT OF INDIGENT OR MEDICALLY INDIGENT PERSONS FOLLOWING COMPLETION AND SIGNATURE 8YAPPROPRtATE PERSONS,ORIGINAL AND2 COPIES ARE TO BE FORWARDED TO THE DIVISION OF BENEFIT PROGRAMS. DERT. OF SOCIAL SERVICES. 8007 DISCOVERY DRIVE. RICHMOND. VA 23288 and the (~;~(Cit¥ of ~--~nc~p (c) Outpatient (Ambulatory) surgery will ~ provided at an all inclusive rate of $ 2~,7~ per visit, per visit. FOR HOSPITAL ~, ~/ ///~ ~ ( ~ /~ 3; ~' _ FOR GOVERNING BODY OF THE ~ OR CITY: ~ke APPROVED: DEPARTMENT OF SOCIAL SERVICES 'Optional Ely Chapter 7 of 63, I of the Virginia Code is the legal basis for the program of Hospitalization and Treatment of Indigent Rersc ,s (State/Local Hospitalization program). The governing body of each locality participating in the program is to appoint an authorizing agent who is empowered by Section 63.1-139 of the above chapter to administer the program in the locality. Under the provisions of this program, localities, with the approval of the State Board of Social Services, are authorized to enter into contracts with hospitals and health department clinics to provide inpatient and outpatient care and treatment to residents of the locality. A standard contract form is provided to local authorizing agents by the Division of Benefit Programs, Virginia Department of Social Services. Sufficient forms are mailed to the authorizing agent just prior to the beginning of the fiscal year to renew contracts with hospitals and clinics with which there is a current contract. Additional contract forms will be sent at any time to the authorizing agent on request. The authorizing agent is to submit three contract forms to the hospital or health department clinic which agrees to provide services to residents of the locality. In the meantime, each hospital will receive from the Division of Benefit Programs the maximum reimbursable rate on which the locality will be reimbbrsed from state funds for payments made to the facility. The maximum rate for any hospital will be provided to an authorizing agent on request. The hospital is to enter the rates it receives if the rates are acceptable. In the event the maximum reimbursable rate is not acceptable, the amount of an agreed upon rate that is in excess of the maximum reimbursable rate is not subject to reimburse- ment to the locality from state funds. All three copies of the contract are to have the rates and the period covered entered and are to be signed by the administrator of the hospital or clinic or other appropriate persons and returned to the authorizing agent. The authorizing agent or other designated representative of the locality is to sign all three forms and forward them to the Supervisor, Medical Care Section, Division of Benefit Programs, Virginia Department of Social Services. When approved, the original will be retained by the Division of Benefit Programs and two copies returned to the authorizing agent. One copy is to be retained by the authorizing agent and the other is to be forwarded to the hospital or clinic. A maximum reimbursable inpatient rate is established for each hospital. That rate is the average daily cost of inpatient care over the hospital's last cost accounting period, less depreciation on buildings, subject to a regional maximum rate that is established by the State Board of Social Services. The maximum established rate for each SLH region is 115% of the weighted average cost of care of all hospitals within the region. The maximum established rate for out-of-state hospitals is 115% of the weighted average cost of care of all hospitals within the state. A maximum reimbursable outpatient and emergency r~om fee for routine services is established by the State Board for all hospitals and clinics. The rate is not based on any costing formula and is an all inclusive charge per visit. A maximum reimbursable rate for outpatient (ambulatory) surgery based on 68 percent of each hospital's inpatient rate is established by the State Board. C(~MMONWEALTH OF VIRGINIA DEPARTMENT OF SOCIAL SERVICES STATE . LOCAL HOSPITALIZATION PLAN - VIRGINIA AGREEMENT TO PROVIDE HOSPITALIZATION AND TREATMENT OF INDIGENT OR MEDICALLY INDIGENT PERSONS FOLLOWING COMPLETION AND SIGNATURE 0%' APPROPRIATE PERSONS.ORIGINAL AND2 COPIES ARE TO BE FORWARDED TO THE DIVISION OF BENEFIT PROGRAMS, DEPT. OF SOCIAL SERVICIIS, 8007 DISCOVERY DRIVE, RICHMOND, VA 23288 *(bi Outpatient and/or Emergency Room Service will be provided at an all-inclusive rate of $15.00 per visit. July 1, 1986 to June ~ /Q FOR HOSPITAL ~ OR HEALTH DEPARTMENT University of H~r~g,,?iHa' FOR GOVERNING BODY OF John T. ~s~ley, M.D., Executive Director THE (~t~)~k~mD~ C i T y: ~c~unoke APPROVED: DEPARTMENT OF SOCIAL SERVICES 'Optional Chapter 7 of 63. I of the V/rgin/a Code is the legal basis for the program of Hospitalization and Treatment of Indigent f~err, o~, (State/Local Hospitalization program). The governing body of each locality participating in the program is to appoint an authorizing agent who is empowered by Section 63. 1.139 of the above chapter to administer the program in the locality. Under the provisions of this program, localities, with the approval of the State Board of Social Services, are authorized to enter into contracts with hospitals and health department clinics to provide inpatient and outpatient care and treatment to residents of the locality: A standard contract form is provided to local authorizing agents by the Division of Benefit Programs, Virginia Department of Social Services. Sufficient forms are mailed to the authorizing agent just prior to the beginning of the fiscal year to renew contracts with hospitals and clinics with which there is a current contract. Additional contract forms will be sent at any time to the authorizing agent on request. The authorizing agent is to submit three contract forms to the hospital or health department clinic which agrees to provide services to residents of the locality. In the meantime, each hospital will receive from the Division of Benefit Programs the maximum reimbursable rate on which the locality will be reimbbrsed from state funds for payments made to the facility. The maximum rate for any hospital wilt be provided to an authorizing agent on request. The hospital is to enter the rates it receives if the rates are acceptable. In the event the maximum reimbursable rate is not acceptable, the amount of an agreed upon rate that is in excess of the maximum reimbursable rate is not subject to reimburse4 ment to the locality from state funds. All three copies of the contract are to have the rates and the period covered entered and are to be signed by the administrator of the hospital or clinic or other appropriate persons and returned to the authorizing agent. The authorizing agent or other designated representative of the locality is to ~ign all three forms and forward them to the Supervisor, Medical Care Section, Division of Benefit Programs, Virginia Department of Social Services. When approved, · the original will be retained by the Division of Benefit Programs and two copies returned to the authorizing agent. One copy is to be retained by the authorizing agent and the other is to be forwarded to the hospital or clinic. A maximum reimbursable inpatient rate is established for each hospital. That rate is the average daily cost of inpatient care over the hospital's last cost accounting period, less depreciation on buildings, subject to a regional maximum rate that is established by the State Board of Social Services. The max[mum established rate for each SLH region is 115% of the weighted average cost of care of all hospitals within the region. The maximum established rate for out-of*state hospitals is 115% of the weighted average cost of care of all hospitals within the state. A maximum reimbursable outpatient and emergency room fee for routine serwces is established by the State Board for all hospitals and clinics. The rate is not based on any costing formula and is an all inclusive charge par visit. A maximum reimbursable rate for outpatient (ambulatory) surgery based on 68 pement of each hospital's inpatient rate is established by the State Board. COMMONWEALTH OF VIRGINIA DEPARTMENT OF SOCIAL SERVICES STATE - LOCAL HOSPITALIZATION PLAN - VIRGINIA AGREEMENT TO PROVIDE HOSPITALIZATION AND TREATMENT OF INDIGENT OR MEDICALLY INDIGENT PERSONS FOLLOWING COMPLETION ANOSIGNATURE BY APPROPRIATE PERSONS,ORIGiNAL AND2 COPIES ARE TO BE FORWARDED TO THE DIVISION OF BENEFIT PROGRAMS, DEPT. OF SOCIAL. SERVICES, 8007 DISCOVERY DRIVE, RICHMOND. VA 23238 711 S. Jefferson Street This agreement between the Gill Marorial Hospital Roanoke, Va. 2411 and the ~ or City of is made with the following provisions: 1. The Hospital agrees that. if accommodations are available at the time the request is made, it will admit and furnish hospital care and treatment to patients upon presentation of an official authorization signed by a referring physician and is- sued by the Authorizing Agent of the above named county or city entitling them to assistance under the State - Local Hos- pitalization Plan as provided by Chapter ?, T/t/e 63. I, Code of Virgin/a, as amended. 2. Each authorization issued by the Authorizing Agent is to be made for a period not in excess of fourteen days. The county/city shall be notified by the hospital at the direction of the attending physician if any such patients require hos- pitalization beyond the period authorized. In the event that additional stay is required and notice is given as herein provided for, such stay shall be as provided for in $ect;bn 63. 7. 137 of the Code of V;/g/n/a. In no case shall the county/city be liable for the care and treatment of any patient retained for teaching purposes and in such event such care and treatment shall be borne by the Hospital. A separate authorization shall be required for each admission or readmission under this contract. 3.(a) The Hospital agrees to care for persons admitted under this agreement at the rate of $ 3?R_~R per patient day. This constitutes the total charge to be made to the locality or the individual for hospitalization care and treatment. *{b} Outpatient and/or Emergency Room Service will be provided at an all-inclusive rate of $ lr~ c'~ per visit. (c) Outpatient (Ambulatory) surgery will be provided at an all inclusive rate of $ ?55 7~per visit. (d) Infants hospitalized concurrently with the mother during the 5-day newborn period are to be cared for without charge other than that specified for the care of the mother. Premature infants requiring hospitalization without the mother, or at the expiration of the 5~lay per od. are to be cared for at 40% of the rate specified above. Sick infants requiring hospitali- zation without the mother, or at the expiration of the 5-day newborn period, are to be cared for at the full rate specified above. 4. Payment wi!l not be made for services rendered prior to date of authorization except in case of emergency admis- sion which should be reported within 72 hours to the authorizing agent who will receive an application from end investigate the eligib ty of the patient. 5. The Hospital agrees that the total payment, regardless of source, for the care of patients under this agreement will not exceed the rates specified herein. If the hospital receives payment for the care of patients under this agreement from a third party source following payment by the locality, the hospital shall reimburse the authorizing agent the total of such amount paid by the third party or the amount of payment made by the local ty whichever is the lesser. 6. The Hospital agrees to Rotify the Authorizing Agent within 48 hours following the admission or readmission of a patient hospitalized under this agreement. 7. Immediately upon discharge of a patient, the hospital bill is to be rendered to the county or city on the form furnished for this purpose. 8. When this contract is with a Health Department Clinic to provide outpatient care, that service will be at an all- inclusive rate of $ per visit. 9. This agreement may be terminated upon thirty days written notice by either party or the Department of Social Services. Otherwise, the agreement shall remain in effect from: FOR HOSPITAL July 1, 1986 to ,~ 30, 1987 OR HEALTH DEPARTMENT Gill Mmrorial Hospital ~//~~Adminis tra t or FOR GOVERNING BODY OF THE ~ CITY: .. APPROVED: DEPARTMENT OF SOCIAL SERVICES 'Optional By Chapter 7 of 63. I of ~he Virginia Code is the legal basis for the program of Hospitalization and Treatment of Indigent Ik=rso~,~ (State/Local Hospitalization program). The governing body of each locality participating in the program is to appoint an authorizing agent who is empowered by Section 63. 1.139 of the above chapter to administer the program in the locality. Under the provisions of this program, localities, with the approval of the State Board of Social Services, are authorized to enter into c~ntracts with hospitals and health department chnics to provide inpatient and outpatient care and treatment to residents of the locality. A standard contract form is provided to local authorizing agents by the Division of Benefit Programs, Virginia Department of Social Services. Sufficient forms are mailed to the authorizing agent just prior to the beginning of the fiscal year to renew contracts with hospitals and clinics with which there is a current contract. Additional contract forms will be sent at any time to the authorizing agent on request. The authorizing agent is to submit three contract forms to the hospital or health department clinic which agrees to provide services to residents of the locality, in the meantime, each hospital will receive from the Division of Benefit Programs the maximum reimbursable rate on which the locality will be reimbursed from state funds for payments made to the facility. The maximum rate for any hospital will be provided to an authorizing agent on request. The hospital is to enter the rates it receives if the rates are acceptable. In the event the maximum reimbursable rate is not acceptable, the amount of an agreed upon rate that is in excess of the maximum reimbursable rate is not subject to reimburse- ment to the locality from state funds. All three copies of the contract are to have the rates and the period covered entered and are to be signed by the administrator of the hospital or clinic or other appropriate persons and returned to the authorizing agent. The authorizing agent or other designated representative of the locality is to sign all three forms and forward them to the Supervisor, Medical Care Section, Division of Benefit Programs, Virginia Department of Social Services. When approved, theoriginal will be retained by the Division of Benefit Programs and two copies returned to the authorizing agent. One copy is to be retained by the authorizing agent and the other is to be forwarded to the hospital or clinic. A maximum reimbursable inpatient rate is established for each hospital. That rate is the average daily cost of inpatient care over the hospital's last cost accounting period, less depreciation on buildings, subject to a regional maximum rate that is established by the State Board of Social Services. The maximum established rate for each SLH region is 115% of the weighted average cost of care of all hospitals within the region. The maximum established rate for out-of-state hospitals is 115% of the weighted average cost of care of alt hospitals within the state. A maximum reimbursable outpatient and emergency room fee for routine services is established by the State Board for all hospitals and clinics. The rate is not based on any costing formula and is an all inclusive charge par visit. A maximum reimbursable rate for outpatient (ambulatory) surgery ba~ed on 68 percent of each hospital's inpatient rate is established by the State Board. COMMONWEALTH OF VIRGINIA D~PARTMENTOF SOCIAL SERVICES STATE - LOCAL HOSPITALIZATION PLAN - VIRGINIA AGREEMENT TO PROVIDE HOSPITALIZATION AND TREATMENT OF INDIGENT OR MEDICALLY INDIGENT PERSONS FOLLOWING COMPLETION AND SIGNATURE BY APPROPRIATE PERSONS, ORIGINAL AND2 COPIES ARE TO BE FORWARDED TO THE DIVISION OF eENEFIT PROGRAMS. DEPT. OF SOCIAL. SERVICES. 8007 DISCOVERY DRIVE, RICHMOND, VA 23288 This agreement between the Lewis-Gale Hospital Salem, Va. and the (~ City of _ ~n~kp is made with the following provisions: 1. The Hospital agrees that, if accommodations are available at the time the request is made, it will admit and furnish hospital care and Ireatment to patmnts upor~ presentation of an official authorization signed by a referring physician and is. sued by the Authorlzmg Agenl of the above-named county or city entitling them to assistance under the State - Local Hos- pitalization Plan as provided by Chapter ?, Title 63. l, Code of Virginia, as amended. 2. Each authorization issued by the Authorizing Agent is to be made for a period not in excess of fourteen days. The county/city shall be notified by the hospital at the direction of the attending physician if any such patients require hos- p~ta[ization beyond the period authorized In the event that additional stay is required and notice is given as herein provided for, such stay shall be as provided for ~n Section 6.7. 1 137 of the Code of Virginia. In no case shall the county/city be liable for the care and treatment of any patient retained for teaching purposes and in such event such care and treatment shall be borne by the Hospital. A separate authorization shall be required for each admission or readm~ssion under this contract. 3.(a) The Hospital agrees to care for persons admitted under this agreement at the rate of $ 304.96 per patient day. This constitutes the total charge to be made to the locality or the individual for hospitalization care and treatment. *(bi Outpatient and/or Emergency Room Service will be provided at an atbinclusive rate of $ n/a per visit. (c) Outpatient (Ambulatory) surgery will be provided at an all inclusive rate of $ 207,,]7 per visit. (d) Infants hospitalized concurrently with the mother during the 5-day newborn period are to be cared for without charge other than that specified for the care of the mother. Premature infants requiring hospitalization without the mother, or at the exp~rahon of the 54ay period, are to be cared for at 40% of the rate specified above. Sick infants requiring hospitali. zat~on without the mother, or at the exp~ranon of the 5-day newborn period, are to be cared for at the full rate specified above. 4. Payment wig not be made for services rendered prior to date of authorization except in case of emergency admis- s~on which should be reported within 72 hours to the authorizing agent who will receive an application from and investigate the eliqibil ty of the patient. 5. The Hospital agrees that the total payment, ragardless of source, for the care of patients under this agreement will not exceed the rates specified herein. If the hospital receives payment for the care of patients under this agreement from a third party source following payment by the locality, the hospital shall reimburse the authorizing agent the total of such amount paid by the third party or the amount of payment made by the locality, whichever is the lesser. 6. The Hospital agrees to notify the Authorizing Agent within 48 hours following the admission or reedmission of a patient hospitalized under this agreement. 7. Immediately upon discharge of a patient, the hospital bill is to be rendered to the county or city on the form furnished for this purpose. 8. When this contract is with a Health Department Clinic to provide outpatient care, that service will be at an all- inclusive rate of $ per visit. 9. This agreement may be terminated upon thirty days written notice by either party or the Department of Social Services. Otherwise, the agreement shall remain in effect from: FOR HOSP,TAL newis~e J l~lk~<~ /~~ ~.mnt~-o] ]er OR HEALTH DEPARTMENT_ IN";:h~m't;'fi--~ '"' "~naT'~e~e~ FOR GOVERNING 8ODY OF (Title) THE ~B~I~[R CITY: ~k~ ~ ci,v) APPROVED: DEPARTMENT OF SOCIAL SERVICES By Chapter ? of 63. 1 of the Virginia Code is the legal basis for the program of Hospitalization and Treatment of Indigent ~ersol o (State/Local Hospitalization program). The governing body of each locality participating in the program is to appoint an authorizing agent who is empowered by Section 63. 1-139 of the above chapter to administer the program in the locality. Under the provisions of this program, localities, with the approval of the State Board of Social Services, are authorized to enter into contracts with hospitals and health department clinics to provide [np~l. tient and outpatient care and treatment to residents of the locality. A standard contract form is provided to local authorizing agentsby the Division of Benefit Programs, Virginia Department of Social Services. Sufficient forms are mai{ed to the authorizing agent just prior to the beginning of the fiscal year to renew contracts with hospitals and clinics with which there is a current contract. Additional contract forms will be sent at any time to the authorizing agent on request. The authorizing agent is to submit three contract forms to the hospital or health department clinic which agrees to provide services to residents of the locality. In the meenbme, each hospital will receive from the Division of Benefit Programs the maximum reimbursable rate on which the locality will be reimbursed from state funds for payments mede to the facility. The maximum rate for any hospital wilt be provided to an authorizing agent on request. The hospital is to enter the rates it receives if the rates are acceptable. In the event the maximum reimbursable rate is not acceptable, the amount of an agreed upon rate that is in excess of the maximum reimbursable rate is not subject to reimburse- ment to the locality from state funds. All three copies of the contract are to have the rates and the period covered entered and are to be signed by the administrator of the hospital or clinic or other appropriate persons and returned to the authorizing agent. The authorizing agent or other designated representative of the locality is to ~ign all three forms and forward them to the Supervisor, Medical Care Section, Division of Benefit Programs, Virginia Department of Social Services. When approved, theoriginal will be retained by the Division of Benefit Programs and two copies returned to the authorizing agent, One copy is to be retained by the authorizing agent and the other is to be forwarded to the hospital or clinic. A maximum reimbursable inpatient rate is established for each hospital. That rate is the average daily cost of inpatient care over the hospital's last cost accounting period, less depreciation on buildings, subject to a regional maximum rate that is established by the State Board of social Services. The maximum established rate for each SLH region is 115% of the weighted average cost of care of all hospitals within the region. The maximum established rate for out-of~tate hospitals is 115% of the weighted average cost of care of all hospitals within the state. A maximum reimbursable outpatient and emergency room fee for routine services is established by the State Board for all hospitals and clinics. The rate is not based on any costing formula and is an all inclusive charge par visit. A maximum reimbursable rate for outpatient (ambulatory) surgery based on 68 percent of each hospital's inpatient rate is established by the State Board. STATE - LOCAL HOSPITALIZATION PLAN - VIRGINIA AGREEMENT TO PROVIDE HOSPITALIZATION AND TREATMENT OF INDIGENT OR MEDICALLY INDIGENT PERSONS FOLLOWING COMPLETION AND SIGNATURE BY APPROPRIATE PERSONS.ORIGINAL AND 2 COPIES ARE TO BE FORWARDED TO This agreement between the Rc~kp (~i/-y'_ H~l~i-h De_~l;: ~Dai'~okef Va. and the ~City of i;~.~,Y~ is made with the following provisions: 1, The Hospital agrees that, if accon~modations are available at the time the request is made, it will admit and furnish hospital care and treatment to patients upon presentation of an official authorization signed by a referring physician and is. sued by the Authorizing Agent of the above-named county or city entitling them to assistance under the State- Local Hos- pitalization Plan as provided by Chapter ?, T~tle 63. I , Code of Virg/'nlj, as amended. 2. Each authorization issued by the Authorizing Agent is to be made for a period not in excess of fourteen days. The county/city shall be notified by the hospital at the direction of the attending physician if any such patients require hos. pdalization beyond the period authorized. In the event that additional stay is required and notice is given as herein provided for, such stay shall be as provided for in Section 63. I. 137 of the Code of V~Yg~nia. In no case shall the county/cdy be liable for the care and treatment of any pahent retained for teaching purposes and in such event such care and treatment shall be borne by the Hospital A separate authorization shag be required for each admission or readmission under this contract, 3.ia) The Hospital agrees to care for persons admitted under this agreement at the rate of $ per patient day. This constitutes the total charge to be made to the locality or the individual for hospitalization care and treatment. '(bi Outpatient and/or Emergency Room Service will be provided at an all-inclusive rate of $ per visit. lc) Outpatient (Ambulatory) surgery will be provided at an all inclusive rate of $ per visit. id) Infants hospitalized concurrently with the mother during the 5-day newborn period are to be cared for without charge other than that specified for the care of the mother. Premature infants requ~ring hospitalization without the mother. or at the expiration of the 5~ay period, are to be cared for at 40% of the rate specified above. Sick infants requiring hospitali. zation without the mother, or at the expiration of the 5~ay newborn period are to be cared for at the full rate specified above. ' 4. Payment wi!l not be made for services rendered prior to date of authorization except in case of emergency admis. sion which should be reported within 72 hours to the author~zing agent who will receive an application from and investigate the eligibil ty of the patient. 5. The Hospital agrees that the total payment regardless of source for the care of patients under this agreement will not exceed the rates specified herein. If the hospital receives payment for the care of patients under this agreement from a third party source following payment by the locality, the hospital shall reimburse the authorizing agent the total of such amount paid by the third party or the amount of payment made by the locality, whichever is the lesser. 6, The Hospital agrees to notify the Authorizing Agent within 48 hours following the admission or readmission of a patient hospitalized under this agreement. 7. Immediately upon discharge of a patient, the hospital bill is to be rendered to the county or city on the form furnished for this purpose, 8, When this contract is with a Health Department Clinic to provide outpatient care, that service will be at an all- inclusive rate of $ ]5_P~ per vistt. 9. This agreement may be terminated upon thirty days written notice by either party or the Department of Social Services. Otherwise, the agreement shall remain in effect from: July !, 1996 to FOR GOVERNING BODY OF THE ]~O~ClTY: APPROVED: DEPARTMENT OF SOCIAL SERVICES °Optional Chapter ;~ of 63.1 of the Virginia Code is the legal basis for the program of Hospitalization and Treatment of Indigent Ik~r~or~ (State/Local Hospitalization program). The governing body of each locality participating in the program is to appoint an authorizing agent who is empowered by Section 63. 1.139 of the above chapter to administer the program in the locality. Under the provisions of this program, localities, with the approval of the State Board of Social Services, are authorized to enter into contracts with hospitals and health department clinics to provide inpatient and outpatient care and treatment to residents of the locality. A standard contract form is provided to local authorizing agents by the Division of Benefit Programs, Virginia Department of Social Services. Sufficient forms are mailed to ~e authorizing agent just prior to the beginning of the fiscal year to renew contracts with hospitals and clinics with which there ~s a current contract. Additional contract forms will be sent at any time to the authorizing agent on request. The authorizing agent is to submit three contract forms to the hospital or health department clinic which agrees to provide services to residents of the locality. In the meantime, each hospital will receive from the Division of Benefit Programs the maximum reimbursable rate on which the locality will be reimbursed from state funds for payments made to the facility. The maximum rate for any hospital will be provided to an authorizing agent on request. The hospital is to enter the rates it receives if the rates are acceptable. In the event the maximum reimbursable rate is not acceptable, the amount of an agreed upon rate that is in excess of the maximum reimbursable rate is not subject to reimburse- ment to the locality from state funds. All three copies of the contract are to have the rates and the period covered entered and are to be signed by the administrator of the hospital or clinic or other appropriate parsons and returned to the authorizing agent. The authorizing agent or other designated representative of the locality is to ~ign all three forms and forward them to the Supervisor, Medical Care Section, Division of Benefit Programs, Virginia Department of Social Services. When approved, the original will be retained by the Division of Benefit Programs and two copies returned to the authorizing agent. One copy is to be retained by the authorizing agent and the other is to be forwarded to the hospital or clinic. A maximum reimbursable inpatient rate is established for each hospital. That rate is the average daily cost of inpatient care over the hospital's last cost accounting period, less depreciation on buildings, subject to a regional maximum rate that is established by the State Board of Social Services. The maximum established rate for each SLH region is 115% of the weighted average cost of care of all hospitals within the region. The maximum established rate for out-of-state hospitals is 115% of the weighted average cost of care of all hospitals within the state. A maximum reimbursable outpatient and emergency room fee for routine services is established by the State Board for all hospitals and clinics. The rate is not based on any costing formula and is an all inclusive charge par visit. A maximum reimbursable rate for outpatient (ambulatory) surgery based on 68 percent of each hospital's inpatient rate is established by the State Board. Of~tce o~ fne O~ Oe~ October 23, 1986 File #226 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 28403, authorizing execution of an agreement with the Harrison Heritage and Cultural Center, Inc., and Total Action Against Poverty in Roanoke Valley, Inc., pertaining to the operation of the Harrison Heritage and Cultural Center, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 20, 1986. Sincerely, Mary F. Parker, CMC City Clerk MFP:se EF}C, CC: Mr. Julian Moore, Chairman, Harrison Heritage and Cultural Center, Inc., 523 Harrison Avenue, N. W. Roanoke, Virginia 24016 Mr. T. J. Edlich, III, Executive Director, Total Action Against Poverty in Roanoke Valley, 702 Shenandoah Avenue, N. W., Roanoke, Virginia 24017 Mr. Earl B. Reynolds, Jr., Assistant City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Mr. William F. Clark, Director of Public Works Office of Community Planning Ms. Marie T. Pontius, Grants Monitoring Administrator Room 456 Municipal Building 215 (~urch A'v~nue, S.W. I~:x:lnc~, Virginia 2,401 t (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The. 20th day of October, 1986. No. 28403. AN ORDINANCE authorizing execution of an agreement with the Harrison Heritage and Cultural Center, Inc., and Total Action Against Poverty in Roanoke Valley, Inc., pertaining to the opera- tion of the Harrison Heritage and Cultural Center; and providing for an emergency. in an amount not the City Manager to be approved as 2. In order BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and the City Clerk are authorized and directed for and on behalf of the City to execute and to attest, respectively, a contract by and among the City, Harrison Heritage and Cultural Center, Inc., and Total Action Against Poverty in Roanoke Valley, Inc., providing for funding by the City of the Harrison Heritage and Cultural Center for a period of eight months to exceed $49,106, as requested in a report from to Council dated October 20, 1986; such contract to form by the City Attorney. to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. October 23, 1986 File #60-226 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching, copy of Ordinance. No. 28402, amending and reor- daining certain sections of the 1986-87 Grant Fund Appropriations, by transferring $49,106.00 for operating funds in connection with the execution of an agreement with the Harrison Heritage and Cultural Center, Inc., and Total Action Against Poverty in Roanoke Valley, Inc., which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 20, 1986. Si ncerely, Mary F. Parker, CMC City Clerk MFP:se Enc. cc: Mr. Julian Moore, Chairman, Harrison Heritage and Cultural Center, Inc., 523 Harrison Avenue, N. W. Roanoke Virginia 24016 ' ' Mr. T. J. Edlich, III, Executive Director, Total Action Against Poverty in Roanoke Valley. 702 Shenandoah Avenue, N. W., Roanoke, Virginia 24017 Mr. W. Robert Herbert, City Manager Mr. Earl B. Reynolds, Jr., Assistant City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. William F. Clark, Director of Public Works Office of Community Planning Ms. Marie T. Pontius, Grants Monitoring Administrator Room456 MuniclpalButtdlng 215C~urchAve~ue, S.W. Roanoke, Vlrglnla24011 (703)981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 20th day of October, 1986. No. 28402. VIRGINIA, AN ORDINANCE to amend and reordain certain sections of the 1986-87 Grant 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 1986-87 Grant Fund Appro- priations be, and the same are hereby, amended and reordained, to read as follows, in part: Appropriations Community Development Block Grant (1) Harrison School (2) Shaffer's Crossing Sec.108 Interest (3) Unprogrammed CDBG (035-085-8535-5155) (035-085-8530-5148) (035-085-8540-5180) (1985-86) $ 49,106 (32,941) (16,165) (1-3) $2 428 302 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. Attest: City Clerk. RECE CITY CLERHS "~ Roanoke, Virginia October 20, 1986 Honorable Mayor and Members of City Council Roanoke, Virginia Subject: Request from Harrison Heritage and Cultural Center, Inc., and TAP for Operating Funds Dear Members of Council: I. Background: A. Harrison Heritage and Cultural Center was opened in late October, 1985, in renovated first floor space of former Harrison School. B. ~ity Council approved CDBG funds for first year operating budget in amount of $54~250. Ordinance Number 27825 dated October 7, 1985. C. Contract among the City of Roanoke, Harrison Heritage and Cultural Center, Inc., and Total Action Against Poverty in the Roanoke Valley (TAP), Inc. will expire October 22, 1986. D. Harrison Heritage and Cultural Centers Inc.~ has submitted a request to the City administration for $55~000 as the City's portion of $192,565 for an eight-month operating budget (see Attachment A). 1. City share provides basic level of administrative funds. Balance of budget is for project funds and project support to be realized by fund-raising activities. Basic operation of Center would not suffer if fund-raising portion of budget is not as successful as currently projected. Request is for eight months to provide for synchronizing the Cultural Center's operating budget time period with the City's fiscal year. II. Current Situation: A. City staff reviewed budget request with TAP and Harrison Center staff. B. Recommended budget of $49~106 reflects only 5% salary increase for personal services and no funds for furniture and equipment. Honorable Mayor and Members of City Council Page 2 III. Issues: A. B. C. D. E. F. Compliance with original project objectives. Availability of funds. Future fundin~ needs. Compliance with applicable ~rant/City regulations. Timing. pele~ation of pro~ram responsibilities. IV. Alternatives, as they relate to this request are as follows: A. Authorize the City Manager to execute a contract not to exceed $49,106 with the Harrison Heritage and Cultural Center, Inc., and TAP for the use of funds currently available to operate the Center for the eight- month period beginning October 23, 1986 and ending June 30, 1987. 1. Compliance with original project objectives will be achieved as the Heritage and Cultural Center has always been an integral part of the overall renovation concept for the Harrison School. 2. Availability of Funds - $49,106 is currently available in the following accounts: 035-085-8530-5148 Shaffer's Crossing Section 108 Interest - $32,941 (funds no longer needed since 108 loan agreement was refinanced with later interest payment date). b. 035-085-8540-5180 Unprogrammed CDBG - $16,165 (to be appropriated by Council on 10/20/86). Future fundin9 needs will be requested by TAP and the Harrison Heritage and Cultural Center through the City's annual budgeting process on a regular fiscal year basis. Compliance with applicable 9rant/City regulations will be assured by the following: Review and approval of the contract by the City Attorney, Director of Finance and Grants Monitoring Administrator. Expenditures will be reviewed periodically after the contract is executed and an independent audit of the program will be required. Honorable Mayor and Members of City Council Page 3 c. HUD informed the City that amending the CDBG program will not be necessary. HUD has rendered a decision that this public service may be funded for more than one year, since it was originally a new service to the City. 5. Timing is important since the current contract and funding with the City will expire October 22, 1986. 6. Delegation of program responsibilities will be included in the contract as follows: Harrison Heritage and Cultural Centers Inc,, will not receive funds from the City directly, but will oversee the development and implementation of the Center activities and help develop community participation and support for the program in con- junction with TAP. The Center will engage in private fund raising activities for the balance of its operating budget ($143,459). TAP will be the direct recipient of the block grant funds and will be responsible under the terms of the contract for the following: (1) Fiscal accountability of all funds disbursed. (2) Personnel - The hiring and supervision thereof. (3) Fiscal Audit - In conformance with City guidelines. (4) Program management and performance in line with a written program plan which will be a requirement of the contract. Do not authorize the City Manager to execute a contract with the Harrison Heritage and Cultural Center, Inc., and TAP. 1. Compliance with original project objective~ will not be achieved. 2. Availability of funds would not be an issue. Future funding needs for operating expenses would become the responsibility of the Center Board and TAP beginning with the end of this current contract on October 22, 1986. 4. Compliance with applicable ~rant/City re~ulation~ will not be an issue. Honorable Mayor and Members of City Council Page 4 Timing becomes very critical if the Center is to remain open past October 22, 1986. Delegation of program responsibilitie~ will not be an issue. V. Recommendation: It is recommended that City Council approve Alternative A, which will authorize the following: Ae Execution of Contract - City Manager is authorized to execute an agreement with the Harrison Heritage and Cultural Center, Inc., and TAP to operate the program for the first eight months of the second program year. Said agreement shall be in an amount not to exceed $49,106. Transfer of Funds - Director of Finance is authorized to transfer $49~106 from the CDBG accounts listed above to an account for this program. Legal and HUD Certification - City Attorney and Grants Monitoring Administrator shall certify agreement as to legal form and HUD accept- ability, respectively, prior to execution by the City Manager. WRH:MTP:mds Respectfully submitted, City Manager CC: Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Mr. William F. Clark, Director of Public Works Chief, Office of Community Planning Ms. Marie T. Pontius, Grants Monitoring Administrator Mr. Ted Edlich, III, Executive Director, TAP Mr. Julian Moore, Chairman, Heritage and Cultural Center, Inc. ATTACHMENT A HARRISON HERITAGE AND CULTURAL CENTER OCTOBER, 1986 - JUNE, 1987 BUDGET REQUEST Item Account Personal Services Fringe Benefits Contractual Services Materials/Supplies Utilities/Communications Travel/Education Maintenance Furniture/Equipment Exhibits/Special Events Other BUDGET SUMMARY Requested Recommended Total Cost City Fundin9 Budget $ 20,584 $ 20,584 $ 19,963 4,714 4,714 4,572 40,433 3,390 3,390 16,796 4,675 4,675 7,060 7,060 7,060 7,367 2,700 2,700 1,500 -0- -0- 40,798 5,131 -0- 48,467 1,900 1,900 4,846 4,846 4~846 $192,565 $ 55,000 $ 49,106 TOTAL FUNDS REQUESTED FROM CITY OF ROANOKE: $ 55,000 Classification No. of Positions Executive Director 1 Secretary i Salarx Costs $ 13,674 $ 13,053 6~910 6,910 $ 20,584 $ 19,963 PUBLIC NOTICE CITY CLEI~S OfF ~.~ On Monday, October 20, 1986 at 2:00 p.m. or as soon thereafter as the matter can be heard, the Roanoke City Council will consider funding the Harrison Heritage and Cultural Csntsr for administrative costs in the amount of $49,106 throu~ June 30, 1987. This Is not a formal public hearing, but residents may offer comments on the proposal. Written comments may be submitted to the City Clerk anytlms prior to'the msetlng. For further details, please contact the City Clerk's office room 456 Municipal Building; phone 981- 2541. Please publish In the Legal Ad section at earliest date. Bill to: Office of Grants Compliance City of Roanoke Room 362 Municipal Building 215 Church Avenue Roanoke, Virginia 24011 October 23, 1986 File ~192 Robbins, Inc. P. O. Box 44238 Cincinnati, Ohio 45244 Gentlemen: I am enc)osing copy of Ordinance No. 28404, accepting your pro- posal made to the City for furnishing and delivering a new basketball floor for the Civic Center Coliseum, for the total price of $44,100.00, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday October 20, 1986. ' Sincerely, Mary F. Parker, CMC City Clerk MFP:se EFlC, cc: Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Mr. George C. Snead, Jr., Director of Administration and Public Safety Mr. Bob E. Chapman, Manager, Civic Center Mr. D. Darwin Roupe, Manager, General Services 456 Munlcll:~al Building 215 (~urch A'~'~ue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Office of ~e City Clerk October 23, 1986 File #192 Championship Sports Floors, Inc. 349 Lincoln Street Hingham, Massachusetts 02043 Honer Flooring Company Dollar Bay, Michigan 49922 Terstep Recreation Corporation 9292 East 130 First Street Noblesville, Indiana 46060 Gentlemen: I am enclosing copy of Ordinance No. 28404, accepting the pro- posal of Robbins, Inc., made to the City for furnishing and delivering a new basketball floor for the Civic Center Coliseum, for the total price of $44,100.00, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 20, 1986. On behalf of the Council, I would like to express appreciation to you for submitting your proposal for furnishing and delivering a new basketball floor for the Civic Center Coliseum. Sincerely, Mary F. Parker, CMC City Clerk MFP:se Enc. Room 456 Municipal Building 215 Church Avenue, S.W. I~oonoke. Virginia 24011 (703) 981-2541 IN THE CO~4CIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of October, 1986. No. 28404. AN ORDINANCE accepting the bid of Robbins, Inc., made to the City for furnishing and delivering a new basketball floor for the Civic Center Coliseum; rejecting all other bids made to the City; and providing for an emergency. BE IT ORDAINED by the Council 1. The bid of Robbins, Inc., supply a new basketball floor for of the City of Roanoke that: made to the City, offering the Civic Center Coliseum, to meeting all of the City's specifications and requirements there- for, for the total bid price of $44,100.00, which bid is on file in the Office of the City Clerk, be and is hereby ACCEPTED. 2. The City's Manager of General Services is hereby authorized and directed to issue the requisite purchase order therefor, incorporating into said order the City's speeifica- tions, the visions of 3. Any and all other bids made to the City for the aforesaid equipment are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ~T~ST: terms of said bidder's proposal and the terms and pro- this ordinanee. City Clerk. R£CEI'vED CITY CL£F,~S {:tFFICE OCT t5 P2:32 Roanoke, Virginia October 20, 1986 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Purchase of New Basketball Floor for Civic Center Coliseum Bid No. 86-9-54 This is to concur in the Bid Committee's recommendation to purchase a New Basketball Floor for the Civic Center. The Bid Committee is recommending the purchase of the Robbins, Inc., All Star Model Portable Basketball Floor, which is the lowest responsible bid meeting specifications. The All Star Floor by Robbins, Inc., is presently being used by numerous NBA basketball teams including the Los Angeles Lakers, Chicago Bulls and New York Knicks. In addition, the All Star Floor is used by a number of prestigious universities and colleges including The University of Southern California, Memphis State University, Villanova University and The University of Virginia. I am very pleased that I can recommend this purchase to Council as it will greatly enhance our facilities' desirability as a tournament and regular play location for Local, State, and National basketball events. Respectfully submitted, City Manager WRH:DDR:afm cc: City Attorney Director of Finance Roanoke, Virginia October 20, 1986 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Purchase of Basketball Floor for Civic Center Coliseum Bid # 86-9-54 I. Background A. Existinq basketball floor was purchased prior to 1971 and was part of the original building equipment. B. Repeated use of the existing basketball floor has caused con- siderable deterioration. C. Athletic Directors frc~ major universities have expressed con- cern of the playing condition of the existing floor. D. Requests for Quotation were sent to four (4) cc~panies. Bids were received, after due and proper advertisement, in the office of Manager of General Services. All bids so received were publicly opened and read at 2:00 P.M., on October 1, 1986. F. Four (4) bid responses were received. Tabulation is attached. G. Funds were budgeted in the ~986-87 budget to provide for the purchase of a new basketball floor. II. Current Situation A. Bids were evaluated by representatives frc~General Services, Civic Center and Administration and Public Safety. Virginia Tech and Wake Forest are scheduled to play in the Coliseum December 22, 7986. Delivery of the new floor is needed by December 15, 1986. III. Issues A. Need B. Compliance with Specifications C. Fund Availability Honorable Mayor and City Council Page 2 October 20, 1986 IV. Alternatives Award the bid to the lowest responsible bidder meeting specifi- cations, to Robbins, Inc., to provide a portable basketball floor with storage trucks to be used at the Civic Center, for the total amount of $44,100.00. 1. Need - A portable basketball floor is necessary for adequate support of Civic Center basketball games. 2. Cc~pliance with Specifications - Robbins, Inc. was the lowest bid meeting the specifications. 3. Fund Availability - Funds are available in the Civic Center Capital Outlay Account Number 005-050-8600-9015. B. Reject all Bids 1. Need - The deteriorating condition of the existing basket- ball floor would not be addressed. 2. Compliance with Specifications -Would not be an issue in this alternative. 3. Fund Availability - Designated funds would not be expended. V. Reconmendation City Council concur in Alternative "A", and award the bid for a portable basketball floor with storage trucks to the lowest responsible bid meeting specifications, to Robbins, Inc., in the amount of $44,100.00. B. Reject all Other Bids. Respectfully sutmtitted,  B. E. C~apra~n~l_ // D. D. Roupe ' ~ GCS:B~C:vn cc: City Attorney Director of Finance City Manager 0 o r~ 0 0 0 r~ Offlce of ~ne 0~/Oen~ October 23, 1986 File #60-178 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 28405, amending and reor- daining certain sections of the 1986-87 Grant Fund Appropriations, to provide for the appropriation of $35,764.00 in program income received from the Roanoke Redevelopment and Housing Authority and other sources, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 20, 1986. Sincerely, ~lary F. Parker, CMC City Clerk MFP:se EI~Co CC: Mr. Herbert D. McBride, Executive Director, City of Roanoke Redevelopment and Housing Authority, P. O. Box 6359, Roanoke, Virginia 24017 Mr. Homer Martin, Finance Director, City of Roanoke Redevelop- ment and Housing Authority, P. O. Box 6359 Roanoke Virginia 24017 ' ' Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Room456 MuniclpalBulldlng 215 Chu~n Avenue, S.W. Roanoke, ~rglnla 24011 (703) 98t-2541 5B1 IN THE COUNCIL OF THE CITY OF ROANOKE, The 20th day of October, 1986. No. 28405. \ ~RGINIA, AN ORDINANCE to amend and reordein certain sections of the 1986-87 Grant Fu~d 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. WHEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1986-87 Grant Fund Appro- priations be, ~.d the same are hereby, amended and reordained, to read as follows, in part: Appropriations Community Development ~lock Grant Community Development Block Grsnt (1985-86) (1986-87) (1-3) ..... $2,461,973 (4) ....... 2,142,093 Community Development Block Grant (1985-86) Community Development Block Grant (1986-87) (1) Unprog. CDBG - Parking Lot Income (2) Unprog. CDBG - Rehabo Loans (3) Unprog. CDBG - Other (4) Unprog. CDBG - Other (5) Parking Lot Income (035-085-8540-5183) (035-085-8540-5180) (035-085-8540-5186) (035-086-8640-5186) (035-035-1234-8602) (5-7) ..... $2,461,973 (8-11) .... 2,142,093 $15,531 16,702 1,438 2,093 15,531 (6) Other Prog. Income (7) Loan Payments NNEO (8) Gainsboro Income (9) Lease Payment Cooper (10) Loan Payment - Chemical ~nd Paper Services (it) Loan Payments - NNEO 035-035-1234-8603) $16,702 035-035-1234-8609) 1,438 035-035-1234-8705) 900 035-035-1234-8706) 333 035-035-1234-8715) 035-035-1234-8709) 141 719 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. Attest: City Clerk. ¢,w oF .OA.OKE, VA CiTY CLER~LS .~:~: FICE '86 g'l 14 P3 DATE: TO: FROM: SUBJECT: October 20, 1986 Honorable Mayor and 1.1embers of City Council Joel ~. Schlanger Appropriation of Program Income Received from Roanoke Redevelopment and Housing Authority and Other Miscellaneous Program Income Program Income From RRHA By agreement with the City of Roanoke, the Roanoke Rede- velopment and Housing Authority administers a large segment of the City's Come, unity Development Block Grant Program. The Housing Authority receives program income during the course of its adminis- tration of various projects by renting properties, by receiving rehabilitation loan repayments from project area residents, and by receiving repayments of loan loss reserve funds as housing loans are repaid. The Housing Authority is required to t~ansfer this program i~come to the City of Roanoke. The City of 2oanoke is required to use the income for a community development activity. The Housing Authority has made payment to the City in the amount of $32,233 through September 30, 1986 for the following category of program income: $15,531 in parking lot rentals in the Down- town East Project in excess of parking lot income previously appropriated Honorable [[avor and Members of City Council P~ge 2 October 20, 1986 $16,702 in rehabilitation loan repay- ments by project residents in excess of amounts previously appropriated ~[iscellaneous Program Income The City has also received program income totaling $3,531: the following miscellaneous S 900 in rental PAC/GNDC in excess appropriated income from Gainsboro of amounts previously $ 333 representing the difference in the amount previously appropriated as lease payments from Cooper industries and the actual revenue received $=,~57 in CDBG loan repayments from the Northwest lleighborhood Environment Organ- ization in excess of pre,zious amounts appropriated $ 141 in CDBG loan repayments from Chemical and Paper Services, Inc. I recommend that City Council appropriate the total of $35,764 in pro,ram income received from the Housipg Authority and other sources as follows: $15,531 to account 035-085-8540-5183, Unprogrammed CDBG - Parking Lot Income. This amount will be available for future appropriation transfers for a community development purpose; and Honorable Mayor and Members of City Council Page 3 October 20, 1986 $16,702 to account 035-085-8540-5180, Unprogrammed CDBG - Rehabilitation Loans. This amount will be available for future appropriation transfers for a con.unity development purpose; and $ 1,438 to account 035-085-8540-5186, Unprogrammed CDBG - Other (¥Y86) and $2,093 to account 035-086-8640-5186, Unprogranmed CDBG - Other (FY87). These amounts ~lill be available for future appro- priation transfers for a communitv development purpose. JMS:dp C,T~ O~ "O*'~OK". VA. CiTY CLEI~'~$ OFFICE October 20, 1986 '86 TO: FROM: SUBJECT: Honorable Mayor and Members of City Council Joel M. Schlanger Financial Report for the Quarter Ended September 30, 1986, and the Audited Designated Fund Balance Report for the Year En-~ne 30, 1986 On July 28, 1986, I provided you with a status report of the financial condition of the City for the fiscal year 1986. As of that time, I reported to you that the figures presented were unaudited and that I would report to you upon completion of the audit. The audit by our independent auditors has now been completed and there were two audit adjustments that increased the Reserve for Capital Improvements and Capital Maintenance and Equipment Replacement (CMERP). The balance reported to you on July 28, 1986, of $1,405,586, (unaudited) has been increased to $1~478~993. The two adjustments were: (1) account receivable from Greater Roanoke Transit Company was increased by $69,280, and (2) interest expense accrued on school literary loan decreased by $4,127. The following analysis reflects the CMERP balance available for appro- priation from FY86: Honorable Mayor and Members Page 2 October 20, 1986 of City Council City Administration School Administration $ 877,646 601~347 Total $1~478~993 Per the requirements established in Ordinance No. 26292 passed by City Council on December 6, 1982, setting up this Reserve, the entire $1,478~993 has been designated -- leaving no undesignated funds at fiscal year end. I am pleased to certify that the sum of $1,478,993 is available for appropriation. JMS:dp CC: W. Robert Herbert Wilburn C. Dibling, Richard L. Kelley Jr. rector of Finance GENERAL FUND CONTINGENCY BALANCE AS OF SEPTEMBER 30, 1986 Contingency Reserve: Balance July 1, 1986 Citizens' Request for Service Comissioner of Revenue City Clerk Finance Municipal Auditing City Attorney Contingency Balance Mowing Equipment Advertising Disability Insurance Disability Insurance Disability Insurance Disability Insurance $( 5,000) (11,500) ( 1,311) ( 3,203) ( 2,706) .,( 2,792) $ 237,542 ( 26t512) $ 211m030 i c Z ° 0 CiTY OF ROANOKE WATER FUND COMPARATIVE iNCOME STATEMENT FOR THE 3 MONTHS ENDED SEPTEMBER 30, 1986 Operating Revenue: Commercial Sa)es Domestic Sales Industrial Sales Town of Vinton Roanoke County Customer Services Customer's Work Total Operating Revenue Less: Operating Exp. Before Depreciation Personal Services General Expenses Pumping Stations and Tanks Purification Total Operating Exp. Before Depreciation Operating Income Before Depreciation Less: Depreciation Operating Income Add: Non-Operating income Interest on Investments Rents Miscellaneous Bad Debt Collections Total Non-Operating Income Income Before Non-Operating Expenses Less: Non-Operating Expenses Interest Expense 1986 $ 257,998 400~217 30~553 14,943 254~566 77,824 2~429 1~038~530 162,640 110~063 97,494 .... 39~244 629,089 147~552 481~537 47,278 1,213 11,162 2,333 61 ~986 543,523 9,267 $ 534 256 .1985 $ 244,319 372,846 30,~76 1%299 220s157 65,521 2~001 .., 945~619 153s193 60,682 104,577 35~650 35%102 591s517 14~563 446~954 36~809 3,378 73 3~087 43~347 490,301 111617 $ 478 68~ 5 WATER FUND CONTINUED Capital Outlay Not Included in Operating Expenses: Project Vehicular Equipment S.W. Trunk Line (Phase 4) 16 Line G.C. Tank #3 New Services Hyd. Lines Unidentified Plant Replacement Fire Hydrants CCFP Storm Windows Franklin Road Tank Land G.C. #1 Tank Painting Salem Interconnect PS FY85 Projects Desi'gn FY86 Projects Design Total Year to Date Expenditures $ 12,848 12,587 33,487 35,934 40~581 1,729 16s271 11,371 18,167 150 8s183 2~630 $ 193 938 CITY OF ROANOKE SEWAGE TREATMENT FUND COMPARATIVE INCOME STATEMENT FOR THE 3 MONTHS ENDED SEPTEMBER 30, 19B6 Operating Revenue: Sewage Charges - City Sewage Charges - County Sewage Charges - Vinton Sewage Charges - Salem Customer Services Sewage Charges - Botetourt County Interfund Services Total Operating Revenue Less: Operating Exp. Before Depreciation Personal Services Administrative and Operating Expenses Total Operating Exp. Before Depreciation Operating Income Before Depreciation Less: Depreciation Operating Income Add: Non-Operating Income Interest on Investments Miscellaneous Bad Debt Collections Total Non-Operating Income Income Before Non-Operating Expenses Less: Non-Operating Expenses Interest Expense Net )nconm 986 $1,057,435 218,025 25,798 173,047 22,331 8,~23 1~505~059 262,637 738~419 1~001a056 504,003 216m248 2871755 56,926 12,269 3~096 721291 360,0~6 3%884 $ 1985 $1,072,758 184,866 40,704 121,929 13,130 7,196 1~1~5 ,la#41~728 269,096 7761587 ..1~045)683 396,0~5 196~116 199m929 38,348 1,201 3~792 43,291 243,220 39~395 203,825 7 SEWAGE TREATMENT FUND CONTINUED Capital Outlay Not Included in Operating Expenses: Project Other Equipment Construction - Structures Flood Relief FY85 Project Design STP Land Acquisition Cove Road Land Acquisition Dogwood Lane Total Year to Date Expenditures $ 11~068 500 253~935 148 7~950 2~486 8~500 $ 284 587 8 CITY OF ROANOKE REGIONAL AIRPORT FUND COMPARATIVE INCOME STATEMENT FOR THE 3 MONTHS ENDED SEPTEMBER 30, 1986 Operating Revenue: Landing Fees Building and Equipment Rentals Terminal Building Rentals Other Property Rentals Advertising Commissions Fuel and 0il Sales Commissions Miscellaneous Fees Total Operating Revenue Less: Operating Exp. Before Depreciation Personal Services Operating Expenses Total Operating Exp. Before Depreciation Operating Income Before Depreciation Less: Depreciation Operating Income Add: Non-Operating Income Interest on Investments Total Non-Operating Income income Before Non-Operating Expenses Less: Non-Operating Expense Interest Expense Net Income 1986 $ 92,082 41s952 56s574 8,675 5,481 357s193 10,852 10~875 583t684 86,864 187~739 27%603 309,081 135~934 173~147 70t026 70~026 2~3~173 28~413 $ 21%760 1985 $ 68~749 56,244 54,659 6,567 4,795 340~906 7,357 19~108 558~385 93~359 189~798 283~157 275,228 143~839 131~389 59~575 59~575 190~96z~ %927 186~037 9 REGIONAL AIRPORT FUND CONTINUED Capital Outlay Not Included in Operating Expenses: Project Other Equipment Overlay GA & T/W Unidentified Construction Repaint R/W & T/W Markings Fencing - New & Replacement AlP #01 Airport Master Plan Terminal Building Additions Noise Protection & Soundproofing Aviation Drive Widening Year to Date Expenditures $ 3,000 33,677 840 100 2,475 16,093 1,171 53,022 33,110 113~108 Total lO CITY OF ROANOKE CIVIC CENTER FUND COMPARATIVE INCOME STATEMENT FOR THE 3 MONTHS ENDED SEPTEMBER 30, 1986 Operating Revenue: Rentals Parking Fee Event Expenses Advertising Admissions Tax Commi ssions Total Operating Revenue Less= Operating Exp. Before Depreclation Administrative= Personal Services Utilities and CommunicationQ Administrative Expenses Promotional Expenses: Personal Services Services and Charges Total Operating Exp. Before Depreciation Operating (Loss) Before Depreciation Less: Depreciation Operating (Loss) Add: Non-Operating Income Interest on Investments Miscellaneous Total Non-Operating Income Net Income (Loss) 1986 $ 29,837 13,292 5,863 1,275 1,213 1%691 65~671 101,088 72,348 99,262 10,568 283~266 ( 217,595) 76)261 ( 293m856) 15,228 548 15~776 SI 278~080) 1985 $ 61,676 12,508 21,516 1,075 16,938 15t941 129~654 105,315 77,601 94,270 9,965 1~598 288t749 ( 159,095) 77)481 ( 236~576) 13,701 501 1%202 1i CiViC CENTER FUND CONTINUED Capital Outlay Not Included in Operating Expenses: Project Equipment Year to Date Expenditures $ 8~877 Total $ 8~877 CITY OF ROANOKE INTERNAL SERVICE FUND COMPARATIVE INCOME STATEMENT FOR THE 3 MONTHS ENDED SEPTEMBER 30, 1986 Operating Revenue: Charges for Services Total Operating Revenue Less: Operating Exp. Before Depreciation Personal Services Operating Expenses Total Operating Expenses Before Depreciation Operating (Loss) Before Depreciation Less: Depreciation Operating (Loss) Add: Non-Operating Income Interest on Investments Total Non-Operating Income Net (Loss) 1986 $ 947~947 947~947 798,597 480~698 1~279~295 (331,348) 99~723 (431~071) 5~839 5~839 $ (425,232) 1985 $ 712~562 712~562 781,699 292~368 1~07%067 361,505) 9%831 456,336) 10~918 10~918 $ (445~418) i3 INTERNAL SERVICE FUND CONTINUED Capital Outlay Not Included in Operating Expenses: Project cms - Other Equipment Utility Line Service - Operational & Construction Equipment Motor Vehicle Maintenance - Vehicular Equipment Motor Vehicle Maintenance - Other Equipment Utility Line Service - Construction Structures Utility Line Service - Other Equipment Year to Date Expenditures $ 47,537 690 386 2,800 315 690 Total $ 52)418 CITY OF ROANOKE, VIRGINIA CITY TREASURER'S OFFICE GENERAL STATEHENT OF ACCOUNTABILITY FOR NONTN ENDED SEPTEHBED 30, 1986 TO THE DIRECTOR OF FINANCE: GENERAL STATENENT OF ACCOUNTABILITY OF THE CITY TREASURER OF THE CITY FOR THE FUNDS OF SAID CITY THE HONTH ENDED 5EPTEflBER 30, 1986 OF ROANOKE, VIDGINIA FUND BALANCE AT RECEIPTS OISBURSENENYS BALANCE AT BALANCE AT AUG. 31, 1986 SEPT. 30, 1986 SEPT. 30, 1985 GENERAL $8,734,427.81 $10,558,438.43 111,084,709.40 S2,D08,156.84 S2,082,066.98 CAPITAL $BI,338,456.73 $250,663.79 $1,221,094.20 $20,368,0D6.30 S30,253~930.41 DEBT SERVICE $3,611,T27.73 $2,773,559.12 $517,658.83 S5,867,628.0D $909,43D.98 gATE§ $3,020,128.38 $373,297.77 $133,46D.39 $3,259,963.76 $0,687,599.D1 5EUAGE TREATNENT $3,484,D82.46 $D70,934.58 $368,897.74 $3,686,619.30 $3,166,231.26 AIRPORT $4~335,566.70 $231,132.79 $231,8D7.96 $4,335,441.D3 $8,703,135.8D CIVIC CENTER $835,335.46 $40,964.74 $D4,286.58 $828,018.68 $610,565.92 INTERNAL SERVICE S95,445.71 $7,731.75 $303,818.66 ($D00,041.20) S400,353.01 PAYROLL $127,307.57 $5,445,843.26 $5,386,247.36 $186,30D.47 $109,498.19 PUBLIC ASSISTANCE $30,406.89 $856,107.00 $062,337.36 $4,176.53 $4,952.47 FIFTH DIST CONSORTIUN $53,083.89 $202,403.65 $185,657.18 $69,830.42 S18D,7~6.88 GDANT PflOGflANS 1~BDV,0D4.10! S137,748.31 S35D,86D.76 l$D04,138.55) $67,742.88 TOTAL S39,377,445.03 S20,848,2D5.19 $20,1DI,690.30 $40,103,980.18 $46,120,D88.37 CERTIFICATE I HEREBY CERTIFY THAT THE FOREGOING IS A TRUE STATENENT OF HY ACCOUNTABILITY TO THE CITY OF ROANOKE, VIRGINIA, FOR THE FUNDS OF THE VARIOUS ACCOUNTS THEREOF FOR THE HONTH ENDINC 5EPTENDER 30, 1986 THAT SAID FOREGOING: CERTIFICATES CASH DF DEPOSITS UNITER STATES SECURITIES CASH IN HAND CASH IN DOHINION BANK CASH IN COLONIAL ANERICAN NATIONAL BANK CASH IN SOVRAN BANK CASH IN BANK OF VIRGINIA IHUESTNENTS ACQUIRED FRDN CONPETITIVE PROPOSALS: DDHINtON BANK COLONIAL AHERICAN NATIONAL BANK 50VRAN BANK UNITED VIRGINIA BANK BANK OF VIRGINIA CENTDAL FIDELITY S3§9,876.59 $1,357,387.56 S186,303.47 $191.92 TOTALS $359,876.59 $1,357,387.56 $~86,303.47 S2D0.58 $19~.98 $3,000,000.00 S4,700,000.00 $7,700,000.00 $0.00 $0.00 SD,O00,O00.O0 SB,O00,O00.O0 $13,000,000.00 $13,000,000.00 $9,500,000.00 S9,500,000.00 TOTALS $1,903,980.18 $33,500,000.00 S4,700,000.00 $40,103,980.12 ROANOKE CITY TREASURED CiTY OF ROANOKE PENSION PLAN STATEMENT OF REVENUE AND EXPENSES FOR THE 3 MONTHS ENDED SEPTEMBER 30s 1986 REVENUE City's Contributions Investment Income Gain on Sale of investments Income from Bond Discount Amortization Total Revenue 1986 $ 958,356 550,966 798,597 22~978 $ 2t330~897 1985 1,031,361 435,355 853,278 13~077 $ 2~333~071 EXPENSES Pension Payments Commissions Active Service Death Benefit Expense from Bond Premium Amortization Insurance Expense Administrative Expense Total Expenses Net Income Year to Date $ 1,037,064 288 6,717 47,196 1,413 22~516 $ la215 f703 $ 961,802 505 24,760 1,412 9f331 997~810 $ 1a335a261 16 CITY OF ROANOKE PENSION PLAN BALANCE SHEET AS OF SEPTEMBER 30, 1986 ASSETS Cash Investments (market value - 1986 $76,148,025 1985 $59,536,506) Prepaid Expenses Total Assets 1986 $ 890 69,023,829 9~417 $69~03%136 1985 $ 525 58,766,462 15~068 $58~782~055 LIABILITIES AND FUND BALANCE Accounts Payable Total Liabilities Fund Balance, July 1 Net Income Year to Date Fund Balance Total Liabilities and Fund Balance 67,818,433 1~215~703 69~03%136 $69f03%136 $ 11~179 11m179 57,435,615 1~335~261 58f770~876 $58~782~055 i7 Office of the City Cte~ October 23, 1986 File #67 Mrs. Susan S. Goode Chairman City Planning Commission Roanoke, Virginia Dear Mrs. Goode: I am attaching copy of Resolution No. 28406, dedicating and naming Andrews Park, which Resolution was adopted by the Council of the City of Roanoke at a regular meeting held on Monday October 20, 1986. ' Sincerely, Mary F. Parker, CMC City Clerk MFP:se Enc o cc: Mr. Thomas A. Bradshaw, 3201 White Oak Road S.W., Roanoke, Virginia 24014 ' Mr. William Watts, Chairman, Andrews Park Committee, 1272 Rockland Avenue, N. W., Roanoke, Virginia 24012 Mr. Julian D. King, President, Williamson Road Action Forum, Inc., P. O. Box 5064, Roanoke, Virginia 24012 Mrs. Helen R. Prillaman, Williamson Road Action Forum, Inc., P. O. Box 5064, Roanoke, Virginia 24012 Mr. Charles R. Minter, President, Williamson Road Area Business Association, 3302 Williamson Road, N. W Roanoke Virginia 24012 '' ' Room456 Municil:~alBuildlng 215 Church Avenue. S.W. Roanc~e, Vlrginla24~11 (703)981-2541 Mrs. Susan S. Goode Page 2 October 23, 1986 CC: Mr. W. Robert Herbert, City Manager Mr. Earl B. Reynolds, Jr., Assistant City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Mrs. Martha P. Franklin, Secretary, City Planning Commission Mr. Kit B. Kiser, Director of Utilities and Operations Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Mr. George C. Snead, Jr., Director of Administration and Public Safety Mr. Jimmie B. Layman, Manager, Parks and Recreation/Grounds Maintenance Mr. Dinesh V. Tiwari, Parks Planner 6 A IN THE COUNCIL OF THE CITY OF ROANOKE, The 20th day of October, 1986. No. 28406. VIROINIA, A RESOLUTION dedicating and naming Andrews Park. WHEREAS, Council deems it fitting and proper that the area at the intersection of Hershberger Road, N. W., and Williamson Road, N. W., being developed by the City as a landscaped park be named in memory of Thomas Jefferson Andrews, a prominent and respected civic leader in the Williamson Road area, and that the area be dedicated as a public park. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the area at the intersection of Hershberger Road, N. W., and Williamson Road, N. W., being developed by the City as a landscaped park is hereby named Andrews Park, and the area is hereby dedicated to public park purposes. ATTEST: City Clerk. CITY CLERKS OFFICE '86 I~T-3 P2:5;~ Roanoke Ci~/Planning Commission October 20, 1986 Honorable Noel C. Taylor, Mayor, and Members of City CoUncil Roanoke, Virginia Dear Members of Council: Subject: Park Naming I. Background: Section of Virginia Route 118, Airport Road, N.W., was discontinued and became a dead-end by reason of Airport Road and Hershberger Road reconstruction and realignment. Discontinued section of Virginia Route 118 (subsequently named Cross Road, N.W.) was situated adjacent to a small triangular parcel of land belonging to the City of Roanoke. Williamson Road Area Business Association suggested closing this section of discontinued roadway and combining it with the adjacent parcel of City-owned property for the ultimate development of the land within as a small park or landscaped green area for this section of Williamson Road. Cross Road, N.W. was properly closed and vacated by City ordinance. Title to this section of discontinued State roadway was transferred from the Virginia Department of Highways and Transportation to the City of Roanoke. Closed roadway section and City-owned triangular parcel is to be developed by the City as a small park or landscaped green area. Portion of the park's development costs has been contributed by the Andrews family. P~om 355 Municipol Building 215 Church Avenue, S.W.P. oonoke, Virginia 240~ 1 (703) 98'N234~ II. Current Situation: Recommendation was received by the Ordinance and Names Subcommittee on September 30, 1986, from Mr. George C. Snead, Jr., Director of Administration and Public Safety for the City of Roanoke, requesting that this park area be officially named "Andrews Park." Andrews as a suggested name refers to, and is in memory of, Thomas Jefferson Andrews, who was a prominent and respected civic leader of the Williamson Road area in bygone years and recognized for his outstanding contributions to the development of the Williamson Road area. Williamson Road Area Business Association desires to dedicate this park area and to erect an appropriate marker in memory of Thomas Jefferson Andrews. Ordinances and Names Subcommitte~ reviewed the name request and recommended to the Planning Commission that the request be approved. The Subcommittee acknowledged that the suggested name was in keeping with the following standard City policy for the naming of City facilities: Thomas Jefferson Andrews was a prominent resident of the area and made significant contributions to the development of the Williamson Road area. The requested name therefore has a regional or community relationship. 2. Thomas Jefferson Andrews is deceased. The requested name is therefore in keeping with the City's existing policy which prohibits the designation of a public facility in the name of a living person. Plannin~ Commission reviewed the name request at its regular meeting of October 1, 1986. III. Recommendation: The Planning Commission, by a vote of 6-0-1, with Mr. Bradshaw abstaining, recommended to City Council that the name, "Andrews Park" for this City park be approved. Respectfully submitted, Susan S. Goode, Chairwoman Roanoke City Planning Commission ERT:mpf cc: Mr. William M. Hackworth, Assistant City Attorney Mr. William F. Clark, Director of Public Works Mr. George C. Snead, Jr., Director of Administration and Public Safety Mr. Dinesh V. Tiwari, Parks Planner Director of Administration and Public Safety September 30, 1986 Mr. John P. Bradshaw, Jr., Chairman and Members of the Ordinance/Names Subcommittee Roanoke City Planning Commission Roanoke, Virginia Dear Members of the Subcommittee: Subject: Proposed landscaped park at Hershberger/Williamson roads Attached is a communication from Mr. Thomas A. Bradshaw suggesting that the subject park be named "Andrews Park" in memory of Thomas Jefferson Andrews. The Williamson Road Area Business Association (WRABA) has recommended the landscaping of this critical site as a part of an overall effort to improve the visual image of the Williamson Road Community. The WRABA also wishes to dedicate the subject site and erect an appropriate marker in memory of Mr. Andrews, a prominent and respected civic leader of the Williamson Road area. His outstanding contributions to the development of the Williamson Road area have been documented by Mrs. Helen R. Prillaman in her book, entitled, "A Place Apart", a brief history of the Williamson Road and North County. Furthermore, a portio~ of the total cost of developing the subject park has been contributed by the members of the Andrews Family. Therefore, I am recommending that the subject park be named in memory of Thomas Jefferson Andrews and, as such, be called "Andrews Park". Respectfully submitted, Director of Administration and Public Safety GCS:DVT:vz Attachment Mr. William Watts Mrs. Helen R. Prillaman Mr. W. Robert Herbert Mr. Earl B. Reynolds, Jr. Mr. William M. Hackworth Mr. Jimmie B. Layman Mr. Edward R. Tucker Mr. Dinesh V. Tiwari Room 354 Municipal Building 2t5 Church Avenue, 5.W. Roanoke, Virginia 24011 (703) 981-2306 Thomas A. Bradshaw 3201 White Oak Road, SW Roanoke, Virginia 24014 September 24, 1986 Mr. Dinesh Tiwari Department of Parks & Recreation 210 Reserve Avenue, SW Roanoke, Virginia 24016 Dear Dinesh= Thank you for your efforts in the development of the Andrews Park project. It is a pleasure working with you as we go through the various planning steps. I have provided below a suggested wording for the Andrews Park plaque. The wording attempts to describe for whom the park was named. Additional recognition may certainly be made on the plaque for the Williamson Road Area Business Association, City of Roanoke, and Andrews Family should you feel it necessary. I would suggest that we keep the actual name of the park simple, recogn"iZing that the public will shorten the name when referring to it. "Andrews Park" would certainly be simple and appropriately identify the individual for whom the park was named. Suggested format and wording for the plaque is. THOMAS JEFFERSON ANDREWS (1890-1983) "In memory of Thomas Jefferson Andrews, a respected farmer and outstanding civic leader who made significant contributions to the development of the Williamson Road area." .! · Should you have any further questions, please do not hesitate to call. Sincerely, Thomas A. Bradshaw TAB/msc October 22, 1986 File #137-252 Ms. Audrey Moore Annandale District 4414 Holborn Avenue Annandale, Virginia 22003 Dear Ms. Moore: I am enclosing copy of Resolution No. 28407, opposing any change in Virginia law to require that the ~ity allow subdivision developers to select their own private sector contractors to review their plans, inspect construction of subdivisions and certify their completion, rather than the City performing such tasks, which Resolution was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 20, 1986. JMS:se Enc. Si ncerely, / Judith M. St. Clair Deputy City Clerk Room 456 Municipal Building 215 (~urch Av~w'~e, $.W. Roanoke, Virginia 24011 (703) 981-2541 O~ce o~ ~e O~ ~t~ October 22, 1986 File #137-252 The Honorable Richard L. Saslaw Member, Senate of Virginia 8508 Raleigh Avenue Annandale, Virginia 22003 'Dear Senator Saslaw: I am enclosing copy of Resolution No. 28407, opposing any change in Virginia law to require that the City allow subdivision developers to select their own private sector contractors to review their plans, inspect construction of subdivisions and certify their completion, rather than the City performing such tasks, which Resolution was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 20, 1986. JMS:se Eno. Sincerely, Judith M. St. Clair Deputy City Clerk Room456 Munlcll~alBulldlng 215C~ura~Av~'~ue, S.W. Roanoke, ~rglnla 24011 (703)981-2541 October 22, 1986 File #137-252 The Honorable Kevin G. Miller Member, Senate of Virginia 417 Mountain View Drive Harrisonburg, Virginia 22801 Dear Senator Miller: ! am enclosing copy of Resolution No. 28407, opposing any change in Virginia law to require that the City allow subdivision developers to select their own private sector contractors to review their plans, inspect construction of subdivisions and certify their completion, rather than the City performing such tasks, which Resolution was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 20, 1986. JMS:se E~C, Sincerely, Judith M. St. Clair Deputy City Clerk Room 456 Munlcll0al Building 2t5 ~urch A'v~nue, S.W. I~oonoke, Vlrglnla 2401 t (703) 981-2541 October 22, 1986 File #137-252 The Honorable Shirley Cooper Member, House of Delegates 106 Old Dominion Road Yorktown, Virginia 23690 Dear Delegate Cooper: I am enclosing copy of Resolution No. 28407, opposing any change in Virginia law to require that the City allow subdivision developers to select their own private sector contractors to review their plans, inspect construction of subdivisions and certify their completion, rather than the City performing such tasks, which Resolution was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 20, 1986. JMS:se Enc. Sincerely, Judith M. St. Clair Deputy City Clerk P,00~456 M~nk:ll~lB~lldlng 215(~urchAv~c~e,S.W. Roanoke, Vlrgl~la24011 (703)981-2541 Off, ce d ~ne O~, Oen~ October 22, 1986 File #137-252 Mr. Samuel A. Finz Chief Executive Officer Northern Virginia Builders Association 8027 Leesburg Pike, Suite 204 Vienna, Virginia 22180 Dear Mr. Finz: I am enclosing copy of Resolution No. 28407, opposing any change in Virginia law to require that the City allow subdivision developers to select their own private sector contractors to review their plans, inspect construction of subdivisions and certify their completion, rather than the City performing such tasks, which Resolution was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 20, 1986. JMS:se Enc. Sincerely, / "Judith M. St. Clair Deputy City Clerk Root"n456 MunlclpalBuildlng 215Churd~A~'~ue, S.W. Roonoke, Vl~glnla24011 (703)981-254'1 Office o~ ?ne Oh/(]eh4 October 22, 1986 File #137-252 The Honorab)e John G. Dicks, III Member, House of Delegates P. O. Box 247 Chesterfield, Virginia 23832 Dear Delegate Dicks: I am enclosing copy of Resolution No. 28407, opposing any change in Virginia law to require that the City allow subdivision developers to select their own private sector contractors to review their plans, inspect construction of subdivisions and certify their completion, rather than the City performing such tasks, which Resolution was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 20, 1986. JMS:se Eric. Si nce rely, 'Judith M. St. Clair Deputy City Clerk I~oom456 MunlclgolBuildlng 215C~urchA'v~'~ue, S.W.P, oanoke, V1rglnla2.4011 (703)981-2541 Office of the C~ty Clerk October 22, 1986 File #137-252 The Honorable Kenneth Calvert Member, House of Delegates 753 Main Street Danville, Virginia 24541 Dear Delegate Calvert: I am enclosing copy of Resolution No. 28407, opposing any change in Virginia law to require that the City allow subdivision developers to select their own private sector contractors to review their plans, inspect construction of subdivisions and certify their completion, rather than the City performing such tasks, which Resolution was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 20, 1986. JMS:se EI1C . Si ncerely, Judith M. St. Clair Deputy City Clerk Roon~4,,'.,'.,'.,'.,'.,'~S MunicipalBuildlng 215 Church Avenue, S.W. Roanc~e,'vlrglnia24011 (703)981-254t Office of the 0~/Oenk October 22, 1986 File #137-252 The Honorable J. Granger Macfarlane Member, Senate of Virginia P. O. Box 201 Roanoke, Virginia 24002 Dear Senator Macfarlane: I am enclosing copy of Resolution No. 28407, opposing any change in Virginia law to require that the City allow subdivision developers to select their own private sector contractors to review their plans, inspect construction of subdivisions and certify their completion, rather than the City performing such tasks, which Resolution was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 20, 1986. JMS:se E~c. Si nce rely, /Judith M. St. Clair Deputy City Clerk Room 456 Municipal Building 215 C~urch Avenue, S.W. I~x:lr,~e. Virginia 24011 (703) 981-254.1 Office c~ ~ne City Cle~ October 22, 1986 File #137-252 The Honorable A. Victor Thomas Member, House of Delegates 3028 Lockridge Road, S. W. Roanoke, Virginia 24014 Dear Delegate Thomas: I am enclosing copy of Resolution No. 28407, opposing any change in Virginia law to require that the City allow subdivision developers to select their own private sector contractors to review their plans, inspect construction of subdivisions and certify their completion, rather than the City performing such tasks, which Resolution was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 20, 1986. JMS:se Eric. Sincerely, Judith M. St. Clair Deputy City Clerk Room 456 Municll:~l Building 215 C~urch Avenue, S.W. Roanoke, Vlrginlo 24011 (703) 981-2541 Office af t~ne City ~Den~ October 22, 1986 File #137-252 The Honorable Clifton A. Woodrum, Member, House of Delegates P. O. Box 1371 Roanoke, Virginia 24007 III Dear Delegate Woodrum: I am enclosing copy of Resolution No. 28407, opposing any change in Virginia law to require that the City allow subdivision developers to select their own private sector contractors to review their plans, inspect construction of subdivisions and certify their completion, rather than the City performing such tasks, which Resolution was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 20, 1986. JMS:se Enc. Si ncerely, Judith M. St. Clair Deputy City Clerk Room456 MunicipalBuilding 215 C~urch Avenue, S.W. Roanoke, VIrglnia24011 (703)981-2541 Office October 22, 1986 File #137-252 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 28407, opposing any change in Virginia law to require that the City allow subdivision developers to select their own private sector contractors to review their plans, inspect construction of subdivisions and certify their completion, rather than the City performing such tasks, which Resolution was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 20, 1986. JMS:se Enc. cc: Sincerely, Judith M. St. Clair Deputy City Clerk Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Mr. Earl B. Reynolds, Jr., Assistant City Manager Mrs. Susan S. Goode, Chairman, City Planning Commission Mrs. Martha P. Franklin, Secretary, City Planning Commission Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Mr. Kit B. Kiser, Director of Utilities and Operations Mr. Ronald H. Miller, Building Commissioner and Zoning Admi ni st rat or Mr. Edward Tucker, City Planner Room456 MuniclpalBulldtng 215 Church Avenue, S.W. Roanoke, Vlrginlo24011 (703)981-254t IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of October, 1986. No. 28407. A RESOLUTION opposing any change in Virginia law to require that the City allow subdivision developers to select their own private sector contractors to review their plans, inspect con- struction of subdivisions and certify their completion, rather than the City performing such tasks. WHEREAS, the City's current subdivision regulations require that the City. review subdivision, plans, inspect construction of improvements within subdivisions, and certify their completion; WHEREAS, the 1986 Session of the General Assembly adopted Senate Joint Resolution 47 to provide for a joint legislative study of the operation of §15.1-466(1), Code of Virginia (1950), as amended, with respect to the utilization of private engineer- ing firms in the inspection of residential subdivision facili- ties, and to consider the advisability of expansion of the acceptance by localities with respect to such private sector inspections for residential development; and WHEREAS, this Council strongly opposes any legislative attempt to mandate use of private sector contractors retained by developers to perform any subdivision reviews, inspections or certifications, believing that it would be an unwarranted intrusion into the detailed affairs of the City and it would deprive the City of necessary control over the enforcement of one of its own ordinances. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Council opposes any change in Virginia law that would require the City to allow subdivision developers to se- lect their own private sector contractors to review plans, inspect construction of subdivisions, and certify their eom- pletion. BE IT FUI{THER RESOLVED that the City Clerk is directed to forward attested copies of this resolution to the City's repre- sentatives in the General Assembly and to the members of the legislative subconxmittee studying the issues described in Senate Joint Resolut~ion 47. ATTEST: City Clerk. CITY CLERI'~S OFF!CE '86 0~! 16 Roanoke City Planning Commission October 20, 1986 Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Senate Joint Resolution 47 A Subcommittee Study of the Subdivision Laws of the Co~onwealth of Virginia I. Back,round: Senate Joint Resolution 47 was introduced by Senator Richard L. Saslaw (Fairfax County) at the 1986 session of the General Assembly. Resolution as passed by both houses appointed and directed a joint subcon~nittee to perform two (2) tasks: Examine the operation of subsection A(1) of Section 15.1-466 of the Code of Virginia, with re~ard to the use of private engineerin$ firms in the inspection of residential subdivision facilities. Consider the advisability of expanding the use by localities of private sector inspections for residential development. Section 15.1-466 of the Code of Virginia sets forth the legal provisions that shall apply for the administration and enforcement of local subdivision ordinances, including: Local government authority for the review, approval, and inspection of all facilities required by ordinance to be installed. The imposition of fees and charges for the review and inspections of such plats, plans and inspections. Room 355 Municipal Building 2t5 Church Avenue, 5W. Roanc~e, Virginia 24011 (703) 981 2344 The acceptance by the locality of dedication for public use, streets, curb, gutter, sidewalks, drainage systems, water lines or sewer systems as part of a public system or any other improvement dedicated for public use that is to be maintained by the locality. General Assembly has previously (1980 and 1981) amended Section 15.1-466 in apparent response to the lobbying efforts of the Northern Virginia Builders Association (NVBA), a northern Virginia based group of builders, engineers and tradesmen. This group has consistently lobbied for amendments to the existing subdivision laws of the Commonwealth. NVBA has repeatedly cited and complained of alleged delays in subdivision and site plan review in the Northern Virginia area. Section 15.1-466, subsection A(1), prior to 1980, provided the following legal application: "partial or complete releases of guarantees shall be made only after the local governing body or a designated department or agency thereof has approved the project as completed." 1. 1980 amendment made the following change: "a certificate of partial or final completion of such facilities from a duly licensed en$ineer or from a department or agency designated by the local government ~ay be accepted without requiring further inspection of such facilities." 2. 1981 amendment made the following additional change: "a certificate of partial or final completion of such facilities from a professional engineer or a licensed land surveyor or from a department or agency designated by the local government may be accepted without requiring further inspection of such facilities." II. Current Situation: City of Roanoke through the administration of its Planning, Engineering and Building departments is currently authorized under Section 15.1-466 of the Code of Virginia to ensure that all subdivision development is in conformance with the City's existing zoning, subdivision and site plan ordinances. City staff personnel from the departments of Planning and Engineering attended a public hearing on the issue of Senate Joint Resolution 47 held in Fairfax, Virginia, on October 3, 1986. III. Discussion and complaints voiced in the course of the hearing centered entirely on the current extensive construction activities occurring in the Northern Virginia area. NVBA cited repeated and inordinate delays in the review of subdivision plats, plans and inspections presently occurring within the northern Virginia area. Public hearing indicated the clear intent of the NVBA to press the subcommittee to introduce legislation to further amend Section 15.1-466 of the Code of Virginia to allow the individual builder er developer the option of choosing whether local government staff or private engineering and surveying firms will review plats and plans, inspect construction and certify completion of the developer's or builder's project. Section 15.1-466, of the Code of Virginia, currently provides the localities with the option of accepting certification from private engineers and surveyors for the partial or final completion of subdivision facilities. The acceptance is currently permissive and not mandatory. Senate Joint Resolution 47 could potentially result in legislation that would require local governments by law to accept plan and inspection certification by private engineers and surveyors without further review or inspection. Opposition to any amendment that would expand the acceptance by localities with respect to such private sector certifications for subdivision facilities and residential development includes but is not limited to the following: The Virginia Municipal League The Virginia Association of Counties Henrico County Virginia Beach Town of Blacksburg Fauquier County City of Danville City of Arlington Fairfax County Planning Co~ission reviewed the potential issues related to the subject Senate Joint Resolution 47 at its regular meeting of October 15, 1986. Issues: 1. Local $overnment control. 2. Liability to the public for construction standardm, 3. Conflicts of interest. IV. Alternatives: That an official resolution be adopted by City Council opposing the enactment of any legislation proposing a further expansion of acceptance by the localities with regard to the use of private sector inspections of land subdivision or residential development. The resolution should be forwarded to the members of SJR 47 Subcommittee and to the City's elected representatives of the General Assembly. Local government control - The City will be Joining a number of other local governments and organizations in opposing the introduction of any legislation that would intrude upon local government control of land subdivision and its development. Liability to the public for construction standards - The City, by resolution, will be joining a number of other localities and organizations in expressing its concern on the issue of local government's liability to the public for the assurance and guarantee of standard construction practices and materials used in constructing improvements to be dedicated for public use. Conflict of interest - The City will be joining a number of other local governments and organizations in the statement of its concern for the potential conflict of interest relationship that would exist in any private sector engineer/client relationship that would surely develop if the developer is enabled by law to hire his own review/inspection staff. That City Council take no action in regard to Senate Joint Resolution 47. General Assembly amendments to Section 15.1-466 of the Code of Virginia, made in 1980 and 1981, provide a clear indication that legislation detrimental to the interest of local governments could be introduced by Senate Joint Resolution 47 and enacted by the General Assembly unless the localities take responsive action in opposing such potential legislation. Local Government control - Mandatory acceptance by the localities of the review and approval of plats, plans and inspections by private sector engineers and surveyors would circumvent and confuse the City's control of ensuring the enforcement of the City's Comprehensive Plan and its elements of zoning, subdivision and site plan ordinances. Liability to the public for construction standards - Mandatory acceptance by the localities of plats, plans and inspections by private sector engineers and surveyors without further review or inspection may leave the locality liable for the public's interest and yet without the ability to review, inspect and ensure that quality standards were utilized in the construction process. Conflict of interest - Private engineering and surveying firms employed by builders and developers to review and certify plats, plans and construction inspections for partial or final release of guarantees, without further inspection, would be working in a situation of engineer/client relationship. The City may be placed in a position of being liable for substandard construction in situations that may become evident within months after approval or in situations that may not surface for a number of years. The private engineer's or surveyor's first obligation would be to his client, the builder or developer. The public's interest in being served by quality construction standards would be secondary. The City would be required by law to release part or all of any bond or financial guarantee upon the basis of certification provided by the private sector engineer or surveyor. V. Recommendation: The Planning Commission, by a vote of 4-2 (Messrs. Buford and Sowers voting against the motion, Mr. Waldvogel absent), recommended that City Council approve Alternative A, thereby adopting an official resolution opposing the enactment of any legislation proposing a further expansion of acceptance by localities with regard to the use of private sector inspections of subdivision facilities or residential development and that this resolution be forwarded to the members of the SJR 47 Subcommittee and to the City's elected representatives in the General Assembly. Respectfully submitted, Susan S. Goode, Chairwoman Roanoke City Planning Commission ERT:mpf cc: Assistant City Manager City Attorney Assistant City Attorney Director of Public Works City Engineer Building Commissioner City Planner Civil Engineer Office o~ ~he Ory O~ October 24, 1986 File #51 Mr. Edward A. Natt Attorney 1919 Electric Road, S. H. Roanoke, Virginia 24018 Dear Mr. Natt: 'I am enclosing copy of Ordinance No. 28385, rezoning a tract of land containing 12.37 acres, located on the westerly side of Grandin Road Extension, south of Airview Road, S. W., designated as a portion of Official Tax Nos. 5090204 and 5090203, from RS-l, Single Family Residential District, to RG-1, General Residential District, subject to certain proffered conditions, which Ordinance was adopted by the Council of the City of Roanoke on first reading on Monday, October 13, 1986, also adopted by the Council on second reading on Monday, October 20, 1986, and will take effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC City Clerk MFP:se Enc. Room 456 Municipal Building 215 Church Avenue, S.W. Roonoke, Virginia 24011 (703) 981-254t Mr. Edward A. Natt Page 2 October 24, 1986 CC: Mr. James D. Fralin, 4953 Grandin Road, S. W., Roanoke, Virginia 24018 Ms. Elizabeth Logan, c/o Ms. Virginia C. Logan, 34 Townsend Street, Port Chester, New York 10573 Mr. Robert W. Smith, 4706 Grandin Road Extension, S. W., Roanoke, Virginia 24018 Mr. William D. Coleman, P. O. Box 13274, Roanoke, Virginia 24032 Ms. Helen E. Eller, 4902 Grandin Road, Apt. 317, Roanoke, Virginia 24015 Mr. Luther J. Martin, Jr., 4818 Grandin Road Extension, S. W., Roanoke, Virginia 24018 Fairington Apartments of Roanoke, 4922 Grandin Road Extension, S. W., Roanoke, Virginia 24018 F & M Associates, P. O. Box 90, Roanoke, Virginia 24018 Mr. Marvin .A. Poff, 4734 Norwood Street, S. W., Roanoke, Vi r'gin~a 24018 Mr. Walter W. Tyree,' 4724 Norwood Street, S. W., Roanoke, Virginia 24018 Ms. Helen R. Reed, 4716 Norwood Street, S. W., Roanoke, Virginia 24018 Mr. Timothy L. Strawn, 4710 Norwood Street, S. W., Roanoke, Virginia 24018 Mr. John S. Eubank, 1920 Airview Road, S. W., Roanoke, Vi rgi nl a 24018 Mr. Albert J. Wahl, 1928 Airview Road, S. W., Roanoke, Virginia 24018 Mr. John W. Chandler, 1934 Airview Road, S. W., Roanoke, Virginia 24018 Mr. Donald E. Bowles, 1942 Airview Road, S. W., Roanoke, Virginia 24018 Ms. Carolyn W. Parker, 4645 Grandin Road Extension, S. W., Roanoke, Virginia 24018 Ms. Ruth Martin York, 4905 Woodmar Drive, Roanoke, Virginia 24018 Mr. Randall L. Pizzino, 1916 Lytham Drive, S. W., Roanoke, Virginia 24018 Mr. and Mrs. Fred W. McElmurry, 4818 Norwood Street, S. W., Roanoke, Virginia 24018 Mr Marion A. Turner, 4810 Norwood Street, S. W., Roanoke, Virginia 24018 Mr John K. Shoemaker, 4806 Norwood Street, S. W., Roanoke, Virginia 24018 Mr. W. Earl Allen, 4756 Norwood Street, S. W., Roanoke, Virginia 24018 Mr. William J. Moody, 4748 Norwood Street, S. W., Roanoke, Virginia 24018 Mr. Robert W. Gilsdorf, 4740 Norwood Street, S. W., Roanoke, Virginia 24018 Mr. Edward A. Natt Page 3 October 24, 1986 cc: Mr. Harvey C. Switzer, Jr., 4906 Norwood Street, S. W., Roanoke, Virginia 24018 Ms. Danielle Rand, 3571 Mud Lick Road, S. W., Roanoke, Virginia 24018 Mr. Gordon N. Dixon, Executive Director, Fifth Planning District Commission, P. O. Box 2569, Roanoke, Virginia 24010 Mr. W. Robert Herbert, City Manager Mr. Earl B. Reynolds, Jr., Assistant City Manager Mrs. Susan S. Goode, Chairman, City Planning Commission Mrs. Martha P. Franklin, Secretary, City Planning Commission Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Mr. Kit B. Kiser, Director of Utilities and Operations Mr. Ronald H. Miller, Building Commissioner and Zoning Administrator Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals Mr. Von W. Moody, III, Director of Real Estate Valuation Ms. Doris Layne, Office of Real Estate Valuation Mr. William M. Hackworth, Assistant City Attorney Mr. Wilburn C. Dibling, Jr., City Attorney IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of October, 1986. No. 28385. AN ORDINANCE to amend §§36-3 and 36-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 509, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. WHEREAS, of Roanoke from RS-I, Residential District, subject to certain conditions proffered by the applicant; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36-541, 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 on said application by the City Council at its meeting on October 13, 1986, after due and timely notice thereof as required by §36-541, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid appli- cation, the recommendation made to the Council by the Planning application has been made to the Council of the City to have the hereinafter described property rezoned single Family Residential District, to RG-1, General Commission, the City's Comprehensive Plan, and the matters pre- sented at the public hearing, is of the opinion that the herein- after described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by that §§36-3 and 36-4, Code of the amended, and Sheet No. 509 of of Roanoke, be amended in the the Council of the City of Roanoke City of Roanoke (1979), as the Sectional 1976 Zone Map, City following particular and no other: Property described as a tract of land on the westerly side of Grandin Road Extension south of Airview Road, containing 12.37 acres, more or less, designated on Sheet No. 509 of the Sectional 1976 Zone Map, City of Roanoke, as a portion of Official Tax Nos. 5090204 and 5090203 (said tract does not include a portion of these two parcels consisting of 2.1 acres fronting on Airview Road, varying in depth from 200 feet, more or less, on its westerly boundary to 100 feet. more or less, on its frontage with Grandin Road Extension. which portion is to remain RS-l. Single Family Residential District), be, and is hereby rezoned from RS-l, Single Family Residential District, to RG-1, General Residential District, subject to those conditions proffered by and set forth in the petitioner's Second Amended Petition to Rezone filed with the City Clerk on August 25, 1986, and that Sheet No. 509 of the Zone Map be changed in this respect. BE IT FURTHER ORDAINED that this ordinance shall not take effect until the applicant shall have filed with the City Clerk a fully executed Conditional Zoning Performance Bond, pursuant to §36-55(a)(3), Code of the City of Roanoke (1979), as amended, in the total amount of $65,000, conditioned upon the completion of those physical improvements to the rezoned property proffered by the applicant and specified and described in a report dated October 10, 1986, of the Zoning Administrator to the Office of City Planning, a copy of which has been filed with the City Clerk. ATTEST: City Clerk. RECEIVED CITY CLERKS OFFiSE '86 8P, f 13 Ag:t!. Roanoke, Virginia October 10, 1986 TO THE MEHBERS OF CITY COUNCIL OF THE CITY OF ROANOKE, VIRGINIA ~'The Honorable Noel C. Taylor - Mayor The Honorable Robert A. Garland - Member City Council The Honorable Elizabeth T. Cowles - ', ,, ,, ,, ,, . ,, The Honorable James G. Harvey II "" . ,, ,, ,, ,, The Nonorable Jmmes O. Trout ,, ,, ,, . . ,, . The Honorable David A. Bowers ,, ,, ,, ,, ,, ,, ,, The Honorable Howard E. Musser ,, ,, ,, ,, ,, ,, ,, We, the residents and property owners of the adjacent and adjoining areas of the oroposed rezoning of the plots of land facing Grandin Road Ex- tension and Airview Road, scheduled for building condominiums on such tract of land, and other plans for building various other projects facing Woodmar Avenue and Route 419, currently served by the sewer system of the City of Roanoke, is cause for great concern to the residents of Norwood Street, Woodma: Ave., Lytham Drive, Westohester, Airview Road, Walman Road, Hope Road, and the area on the south side of Chesterton St., S.W. The reason for our con- cern is as follows: 1. From Route 419, east on Gatewood Avenue, down Norwood St., and into Westchester and Chesterton St. is served by only an 8" sewer line, which, even in its present capacity, is inadequate for the amount of flow of sewage from this residential area. 2. Sewage backup has been trememdous in times of moderate to heavy rain- fall, with resulting water damage to homes in the above-listed areas, and any additional sewage flow into these lines , due to the inadequacy of the capacity, should definitely be addressed by the City and Builders at thcs, locations. The system cannot, repeat cannot, accommodate the additional sewage flow from 193 units of condominiums proposed to be built in the area, nor the additional proposed home for the elderly facing Woodmar Ave. and office complex facing Rt. 419. 3. A drainage system was installed four years ago to accommodate an intole able drainage problem, which under ordinary circumstances would be suf- ficient, but additional surface flow, inherent with unusual weather condit- ions, could not withstand the trememdous runoff common to this area of the -2- City, thus mulkiplying an already marginal condition in the area, currenk ly being multiplied by proposed building construction in the area. We urgently address members of City Council to consider the concern off the taxpayers and residents of this area in regard to the proposed construe- tion slated to start in the near future. We feel the area will be inundated by sewage and surface water durinq excessive rainy periods, and this concern is not without reason, and we seek assurance from our City Council, and builders, that before this project is given approval, the inadequate sewer facilities and drainage problems should be firmly resolved. Debra Strawn z/~m//mr~oo~ ~ -%, CZ and other taxpayers of the area mentioned herein. October 10, 1986 John Merrithew City Planner Office of Community Planning Roanoke, Virginia Subject: Rezoning Petition Filed by Edward A. Natt, Attorney, for The Murchison Company, a Texas Corporation, that a portion of two tracts of land con- taining approximately 12.37 acres lying on the westerly side of Grandin Road Extension, south of Airview Road, S. W., designated as portions of Off. Tax Nos. 5090204 and 5090203, be rezoned from RS-l, Single Family Residential District to RG-1, General Residential District, such rezoning to be subject to certain conditions proffered by the petitioner. Dear Mr. Merrithew: Pursuant to Section 36-555 (2) (3), Code of the City of Roanoke (1979), as amended, I recommend that a bond of security be required in the above-referenced request as follows: T. urnin~ lane in accordance with site plan submitted. ~torm drain in accordance with site plan submitted. Landsca~inq in accordance with site plan submitted. $10,000 $30,000 $25,000 Room 170 Municil:~l Building 2~5 Church Avenue. SW Roanoke Virginia 24011 (703) 981-222t John Merrithew October 10, i986 Page 2 It will be my responsibility to release said guarantee upon the submission of satisfactory evidence that such con- ditions have been met. A reasonable time for completion of the work shall be agreed upon by the Zoning Administrator and the developer. It is my opinion that no bond or similar guarantee should be required of the petitioner to insure the performance of the remaining conditions in the petition. SincDrely y~ours ,~ R~nald H. M~I~ Zoning Administrator RHM:ra cc: C~.'ty Manager &-City Attorney Director of Public Works Planning Department CITY CLE,r~t~,S OFFICE Roanoke City Planning Commission October 13, 1986 Honorable Noel C. Taylor, Mayor, and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request from The Murchison Company, a Texas Corporation, represented by Edward A. Natt, Attorney, that a portion of two tracts of land containing approximately 12.37 acres lying on the westerly side of Grandin Road Extension, south of Airview Road, S.W., designated as portions of Official Tax Nos. 5090204 and 5090203, be rezoned from RS-i, Single Family Residential District to RG-1, General Residential District, such rezoning to be subject to certain conditions proffered by the petitioner. I. Baek~round: A. Petition was submitted on August 15, 1986. Purpose of rezoning is to permit the construction of 192 single family attached dwelling units (condominiums) on approximately 12 acres of a 14 acre tract. The remaining 2 acres, not included in the rezoning, are intended to be developed as conventional single family homes by the petitioner. .Property was the subject of two previous rezoning petitions in recent years: In 1979, a petition to rezone the property to RG-1 to permit 264 apartment units was denied by City Council. In 1986, a petition to rezone the property to C-2 to permit an aquatic center was withdrawn prior to public hearing by City Council. Petitioner met with neighborhood residents to discuss the project. Room 355 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 240t 1 (703) 981-2344 II. Current Situation: A. Amended petition and site plan were submitted on August 22, 1986 and include the following proffered conditions: The tract as rezoned will be used for a maximum of 192 single family attached dwelling units (condominiums). The construction of the project will be subject to approval from the necessary state authorities for all condominium documents. The site will be developed in substantial conformity with (utilizing) the site plan prepared by Lumsden and Associates, dated August, 1986, a copy of which is attached hereto as Exhibit B. The storm water retention facility on the property will be constructed and designed to handle a twenty-year storm, Plannin~ Commission held a public hearing on September 3, 1986. There was no public opposition to the request. C. Plannin~ staff report to the Planning Commission is attached. III. Issues: A. Land use. B. Zoning. C. Traffic. D. Utilities. E. Neighborhood. F. Comprehensive Plan. IV. Alternatives: A. City Council approve the rezoning request. Land use becomes multi-family. Proffer restricts development to condominiums which provide an opportunity of owner-occupied housing versus rental. Multi-family housing is a reasonable use of the site due to its close proximity to commercial development on Route 419. Zonin~ changes to RG-1. Although an RG-1 zoning district normally permits 24 units per acre, the proposed development is limited to 15 units per acre. Development permitted under the existing RS-1 zoning is unlikely to occur given adjacent con~nercial development and the physical characteristics of the site, and the value of the property for other types of development. Traffic issues have been addressed by the petitioner. Projected traffic flowsfall within the available capacity of Grandin Road. No additional traffic will be generated on local neighborhood streets. Utilities are an issue that must be addressed during site plan and subdivision approval. Major concerns relate to storm water drainage problems which already exist in the area and available capacity of the sanitary sewer system. The petitioner has proffered to exceed City storm water management requirements. City 1. 2. Neighborhood residents generally support the proposed development. Concerns relating to storm water drainage and sewer capacity relate more to existing conditions and will not be aggravated by the proposed development. Comprehensive Plan would be followed. Site has been designated for residential development. Proposed project offers substantial buffering and landscaping to ensure compatibility with the neighborhood. The development will support the neighborhood shopping area located on Route 419 and also serves as a transition between the shopping area and the residential neighborhood. Council deny the rezoning request. Land use would be unchanged. Site would remain vacant. Zonin8 remains RS-1. Development under the RS-1 zoning is unlikely. Pressure for rszoning to allow multi-family or commercial uses will continue. 3. Traffic unchanged. 4. Utilities unchanged. .Neighborhood unchanged. Single family character is preserved. Vacant lot continues to buffer the neighborhood from Route 419. Comprehensive Plan would be followed. Neighborhood character is preserved. V. Recommendation: The City Planning Com~ission by a vote of 7-0 recommended approval of the rezoning request. Proposed development offers a compatible mix of housing types and utilizes a site, which because of its topography and location, would be difficult to develop under the present RS-1 zoning classification. Respectfully submitted, Susan S. Goode, Chairwoman Roanoke City Planning Commission SSG:JEM:mpf attachments cc: Assistant City Attorney Director of Public Works City Engineer Building Commissioner/Zoning Administrator Petitioner Raanoke City Planning Commission September 3, 1986 Mrs. Susan S. Coode, Chairwoman, and Members of the Planning Commission Roanoke, Virginia Dear Members of the Commission: SubJect: Request from The Murchison Company, a Texas Corporation, represented by Edward A. Natt, Attorney, that a portion of two tracts of land containing approximately 12.37 acres lying on the westerly side of Grandin Road Extension, south of Airview Road, S.W., designated as portions of Official Tax Nos. 5090204 and 5090203, be rezoned from RS-l, Single Family Residential District to RG-1, General Residential District, such rezoning to be subject to certain conditions proffered by the petitioner. ~. Background: Petition submitted on August 15, 1986, included proffered conditions and site plan. Be Purpose of rezoning is to permit the construction of 192 single family attached dwelling units (condominiums) on approximately 12 acres of a 14 acre tract. C. Property was the subject of two previous rezoning petitions: In 1979, a petition to rezone the property to RG-1 to permit 264 apartment units was denied by City Council. In 1986, a petition to rezone the property to C-2 to permit an aquatic center was withdrawn prior to public hearing by City Council. Petitioner met with neighborhood residents to discuss the project. Major concerns from residents included traffic volumes on Grandtn Road, storm water problems, sanitary sewer capacity, and pedestrian traffic along Grandin Road. II. Current Situation: Amended petition and site plan were submitted on August 22, 1986. R4xx'n 355 Municipal Building 2t 5 Church Avenue, $%4 Roanoke, Virginia 24011 ~703) 981-2344 Amended petition contains the following proffered conditions: 1. The tract as rezoned will be used for a maximum of 192 single fam/ly attached dwelling units (condominiums). The construction of the project will be subject to approval from the necessary state authorities for all condominium documents. J The site will be developed in substantial conformity with (utilizing) the site plan prepared by Lumsden and Associates, dated August, 1986, a copy of which is attached hereto as Exhibit B. The storm water retention facility on the property will be constructed and designed to handle a twenty-year storm. III. Issues: A. Land use. B. ,Zoning. C. Traffic. D. ~tilities. E. ~ei~hborhood. F. Comprehensive Plan. IV. Alternatives: me Planning Commission recommend approval of the rezoning request. Land use becomes multi-family with a density of approximately 15 dwelling units per acre. Portion of the site not included in the rezoning is intended to be developed by the petitioner as single family detached housing. Site plan includes buffering and spatial separations sufficient to minimize the visual impact of the multi-family project on the existing neighborhood. Approximately 80% of the site is to be retained as open space. Zoning changes from RS-1 to RG-1. Permitted housing density increases from three units per acre to 24 units per acre. Proffered conditions restrict density on the site to 15 units per acre. Land to the south of Grandin Road is also zoned RG-1. Commercial zoning fronts on Route 419. The remainder of the neighborhood is RS-1. RG-1 zoning is appropriate due to the close proximity of the site to the Route 419 corridor. Development permitted by the RS-1 district is unlikely to occur given the site's relationship to nearby commercial uses and the physical characteristics of the site. Traffic is a major issue. Specifically, Grandtn Road is narrow and offers poor sight clearance in areas along the subject property. The developer has addressed these concerns to some extent by providing a deceleration lane from the east and by extending his acceleration lane west to connect into the existing right turn lane serving Southwest Plaza. The project will generate an additional 1,200 trips per day onto Gramdin Road. Present traffic volume on the road is approximately 5,000 trips per day or 50% of its design capacity. Residents have expressed concern about the amount of traffic using Grandin Road and the danger it presents to vehicles entering from Airview, Walmann, or Hope Street, and to pedestrians walking towards Southwest Plaza. It is staff's opinion that these problems relate more to the existing design of the streets (steep grades, narrow pavement, etc.) and to the lack of sidewalks and curbs, than to specific development in the area. The provision of a deceleration/acceleration lane should provide for safe access to the site. A second access is possible along Woodmar Drive, however, this street is substandard in width and serves several single family homes. Utilities are also a major issue. The neighborhood has experienced sewer back-ups during storms due to storm water infiltration. Staff has not completed an analysis of the sanitary sewer system to determine if there is available capacity. This issue will be resolved prior to a building permit being issued. Water service is not an The petitioner has proffered to provide a storm water retention pond designed to handle a 20-year storm. City standards require that the system handle a 10-year storm. Nei&hborhood should not be significantly affected by the proposed development. The design of the project, with associated greenspace and spatial separation make it an appropriate transition between the single family neighborhood and the business development along the 419 corridor. Neighborhood concerns focused on existing problems of flooding, sewer back-ups and traffic flows. The proposed development should not be permitted if it significantly aggravates these issues. Comprehensive Plan would be followed to the extent that the project encourages home ownership, it utilizes landscaping and spatial separation to increase its compatibility with the neighborhood, and its location serves to provide an appropriate transition between the business development along the Route 419 corridor and the single family neighborhood. Plannin~ Commission recommend denial of the rezoning request. 1. Land use would be unchanged. Site would remain vacant. 2. Zonin~ unchanged. 3. Traffic unchanged. 4. Utilitias unchanged. Neighborhood unchanged. Single family character would be preserved. Vacant lot continues to buffer the area from adjacent business development. Se Comprehensive Plan would be followed. Neighborhood character is preserved. V. Recommendation: Staff recommends approval of this rezoning request. Proposed development offers a compatible mix of housing types and utilizes a site which because of its topography and location would be difficult to develop as single family housing. The issues that have been identified have been addressed by the developer. Respectfully submitted, //John E. Merrithew v City Planner JEM:mpf attachments cc: Assistant City Attorney Director of Public Works City Engineer Building Commissioner/Zoning Administrator Petitioner THE COUNCIL OF THE CITY OF ROANOKE~ VIRGINIA IN RE: Rezoning of a tract of land containing approximately 12.37 acres lying on the ) westerly side of Grandin Road Extension south of Airview Road, from RS-i, Single-) Family Residential District to RG-1, ) General Residential District, subject to ) certain conditions ) AMENDED PETITION TO REZONE TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: 1. The Petitioner, The Murchison Company, a Texas Corporation, has a contract to purchase a certain tract of land located in the City of Roanoke, containing 12.37 acres, more or less, located on the westerly side of Grandin Road Extension south of Airview Road, and designated on Roanoke City Appraisal Maps as official Tax Nos. 5090204 and 5090203, said tract is currently zoned RS-i, Single-Family Residential. A map of the property to be rezoned is attached as Exhibit "A". 2. Pursuant to Article VII and Article VIII of Chapter 36, Code of the City of Roanoke (1979), as amended, the Petitioner requests that a portion of the said property containing 12.37 acres, more or less, be rezoned from RS-i, Single-Family Residential District, to RG-1, General Residential District, subject to forth below, for the purpose of single family attached residential certain conditions set constructing thereon a complex of 192 units. 3. The Petitioner believes that the rezoning of the said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will enhance the economic value of the City of Roanoke and that the use thereof will be in general conformity with existing uses in the area. 4. The Petitioner hereby proffers and agrees that if the said tract is rezoned as requested, that the rezoning will be subject to, and that the Petitioner will abide by, the following conditions: (a) The tract as rezoned will be used for a maximum of 192 single-family attached dwelling~ units (condominiums). The construction of the project will be subject to approval from the necessary state authorities for all condominium documents. (b) The site will be developed in substantial conformity with utilizing the site plan prepared by Lumsden & Associates, dated August, 1986, a copy of which is attached hereto as Exhibit B, subject only to such changes as are specifically required by the City during site plan review. (c) The storm water retention facility on the property will be constructed and designed to handle a twenty-year storm. 5. Attached as Exhibit C are the names and addresses of the owner or owners of all lots or property immediately 2 adjacent to or ~mmediately across a street or road from the property to be rezoned. WHEREFORE, the Petitioner requests that the above- described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this ~ day of -A~_, 1986. Respectfully submitted, THE MURCHISON COMPANY Edward A. Natt, Esquire OSTERHOUDT, FERGUSON, NATT, AHERON & AGEE, P.C. 1919 Electric Road, S. W. Roanoke, VA 24018 Of Counsel 3 Area to. bE from RS-1 (12.37 :s) RG-1 ./ I I I EXHIBIT A EXHIBIT C LIST OF ADJOINING PROPERTY OWNERS James D. Fralin 4953 Grandin Road Extension, Roanoke, VA 24018 SW 5090201 ® Elizabeth Logan c/o Virginia C. Logan 34 Townsend Street Port Chester, New York 10573 5090102 Robert W. and Mary L. Smith 4706 Grandin Road Extension, SW Roanoke, VA 24018 5090103 e William D. and Sally T. P. O. Box 13274 Roanoke, VA 24032 Coleman 5090104 e Helen Erb Eller 4902 Grandin Road, Apt. Roanoke, VA 24015 317 5090105 ,, Luther J., Jr., and Louise E. Martin 4818 Grandtn Road Extension, SW Roanoke, VA 24018 5090101 Fairtngton AparTments of Roanoke 4922 Grandin Road Extension, SW Roanoke, VA 24018 5090124 James, Jr., Martin Luther & etals 4818 Grandin Road Extension, SW Roanoke VA 24018 5090206 F & M Associates P. O. Box 90 Roanoke, VA 24018 5090205 10. Marvin A. and Arlene G. Poff 4734 Norwood Street Roanoke, VA 24018 5080404 11. Walter William and Violet T. Tyree 4724 Norwood Street Roanoke, VA 24018 5080405 12. 13. 14. Helen R. Reed 4716 Norwood Street, Roanoke, VA 24018 SW Timothy L. and Deborah M. P. O. Box 26388 ATTN= Tax Department Richmond, VA 23275 John S. Eubank 1920 Airview Road, Roanoke, VA 24018 SW Strawn 5080406 5080407 5080103 15. Robert N. Howell P. O. Box 2888 Roanoke, VA 24001 5080104 16. John W. and Constance L. 1934 Airview Road, SW Roaonke, VA 24018 Chandler 5080105 17. Donald E. and Wtlma G. 1942 Airview Road, SW Roanoke, VA 24018 Bowles 5080106 18. Carolyn W. Parker 4645 Grandin Road Extension, Roanoke, VA 24018 SW 5080107 19. Ruth Martin York 4905 Woodmar Drive Roanoke, VA 24018 5090215 20. Randall Lonnie Pizzino 1916 Lytham Drive Roanoke, VA 24018 5100714 21. Fred W. and Mary Ann McElmurray 4818 Norwood Street Roanoke, VA 24018 22. Marion A. and Rachel B. 4810 Norwood Street Roanoke, VA 24018 Turner 23. John K. and Jane S. 4806 Norwood Street Roanoke, VA 24018 Shoemaker 5100715 5100716 5100717 24. W. Earl and Mildred H. Allen 4756 Norwood Stree= Roanoke, VA 24018 25. William J. Moody 4748 Norwood S=reet Roanoke, VA 24018 26. Rober= W. and Catherine Gilsdorf 4740 Norwood Street Roanoke, VA 24018 27. Harvey C., Jr. & Doris H.Switzer 4906 Horwood ST., SW Roanoke, Va. 24018 5080401 5080402 5080403 5100801 A', NUMRE!~ - 9250039/+ PUBLIS,HEP'S FEE- ED,~ARD A WATT 1919 ELECTRIC RD SW PS"A":OKE T I '-. ~- LD-N:WS REC£'i v E D Cl T Y CL £R~f SOl:FlOE OOT 13 P l :90 ROANOKE VA 24.018 STATE OF VIRGINIA CITY OF FCANOKE AFFIDAVIT [iF PUBLICATION I~, ITHf UNDER6IGNEO} AN OFFICER OF TIMES-WORLD CORPORATION, WHICH COP- PORATION IS PUBLISHER OF THE ROANOKE TIMES & WORLD-NEWS, A DAILY NEWSPAPER ;~UBLISHED IN ROANOKE, IN THE STATE OF VIRGINIA, DO CERTIFY THAT THE ANNEXED NOTICE WAS PUBLISItED IN SAID NEWSPAPERS ON THE FOLLOWING DATES 09/26/86 MORNING 10/03/86 MORNING WITNESS, TH~6TH DAY OF OC,I'OBER 1986 uFFICEK S SIGNATL~ NOTICE OF PUBLIC HEARING TO WHOM IT MAY CX)NCERN: Pursuant to the provisions of Article VII of Chapter 36, Code of the City of Roanoke (1979), as amended, the Council of the City of Roanoke will hold a Public Hearing on Monday, October 13, 1986, at 7:30 p.m., in the Council Chamber in the Municipal Building, 215 Church Avenue, S. W., in the said city, on the question of rezoning from RS-I, Single Family Residential District, to RG-1, General Residential District, the following property: A tract of land on the westerly side of Grandin Road Extension south of Airview Road, containing 12.37 acres, more or less, and designated as a portion of Official Tax Nos. 5090204 and 5090203 (said tract does not include an area of 2.1 acres fronting on Airview Road, varying in depth from 200 feet, more or less, on its westerly boundary to 100 feet, more or less, on its frontage with Grandin Road Extension, which area is to remain RS-l, Single Family Residential District). This rezoning is to be subject to certain conditions prof- fered by the petitioner. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, ~lunicipa] Building. Ail parties in interest and citizens may appear on the above date and be heard on the question. GIVEN under my hand this 24th day of September ,1986 · Please publish in full twice, once on Friday, September 26, 1986, and once on Friday, October 3, 1986, in The Roanoke Times and World News, Morning Edition. Please send publisher's affidavit to: Ms. Mary F. Parker, City Clerk Room 456, Municipal Building Roanoke, Virginia 24011 Mary F. Parker City Clerk Please bill to: Mr. Edward A. Natt, Attorney 1919 Electric Road, S. W. Roanoke, Virginia 24018 September 22, 1986 File #51 Mr. Edward A. Natt 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, The Murchison Company, a Texas Corporation, that a tract of land containing 12.37 acres, located on the westerly side of Grandin Road Extension, south of Airview Road, S. W., designated as Official Tax Nos. 5090204 and 5090203, be rezoned from RS-l, Single Family Residential District, to RG-1, General Residential District, subject to certain proffered conditions. Pursuant to Resolution No. 25523 adopted by the Council of the City of Roanoke at its meeting on Monday, April 6, 1981, a pub)lc hearing on the abovedescribed request has been set for Plonday, October 13, 1986, at 7:30 p.m., in the Council Chamber, fourth floor of the Municipal Building. For your information, I am also enclosing copy of a notice of the public hearing and an Ordinance providing for the rezoning, which were prepared by the City Attorney's Office. Please review the Ordinance .and if you have any questions, you may contact Mr. William M. Hackworth, Assistant City Attorney, at 981-2431. Sincerely, Mary F. Parker, CMC City Clerk MFP:se Room456 MuniclpalBuildlng 215(~urchAvenue,$.W. Roonoke, Virgtnta24011 (703)98t-254'1 Mr. Edward A. Natt Page 2 September 22, 1986 cc: Mr. James D. Fralin, 4953 Grandin Road, S W., Roanoke Virginia 24018 ' ' Ms. Elizabeth Logan, c/o Ms. Virginia C. Logan, 34 Townsend Street, Port Chester, New York 10573 Mr. Robert W. Smith, 4706 Grandin Road Extension, S. W. Roanoke, Virginia 24018 ' Mr. William D. Coleman, P. O. Box 13274, Roanoke, Virginia 24032 Ms. Helen E. El)er, 4902 Grandin Road, Apt. 317 Roanoke, Virginia 24015 ' Mr. Luther J. Martin, Jr., 4818 Grandin Road Extension S. W., Roanoke, Virginia 24018 ' Fairington Apartments of Roanoke, 4922 Grandin Road Extension, S. W., Roanoke, Virginia 24018 F & M Associates, p. O. Box 90, Roanoke, Virginia 24018 Mr. Marvin A. Poll, 4734 Norwood Street, S. W. Roanoke, Virginia 24018 ' Mr. Walter W. Tyree, 4724 Norwood Street S. W Roanoke, Virginia 24018 ' '' Ms. Helen R. Reed, 4716 Norwood Street S. W Roanoke, Virginia 24018 ' '' Mr. Timothy L. Strawn, 4710 Norwood Street, S. W. Roanoke, Virginia 24018 ' Mr. John S. Eubank, 1920 Airview Road, S. W., Roanoke, Virginia 24018 Mr. Albert J. Wahl, 1928 Airview Road S. W Roanoke, Virginia 24018 ' '' Mr. John W. Chandler, 1934 Airview Road S.W. Roanoke, Virginia 24018 ' ' Mr. Donald E. Bowles, 1942 Airview Road S.W. Roanoke, Virginia 24018 ' ' Ms. Carolyn W. Parker, 4645 Grandin Road Extension, S. W. Roanoke, Virginia 24018 ' Ms. Ruth Martin York, 4905 Woodmar Drive, Roanoke Virginia 24018 ' Mr. Randall L. Pizzino, 1916 Lytham Drive, S. W. Roanoke Virginia 24018 ' ' Mr. and Mrs. Fred W. McElmurry, 4818 Norwood Street, S. W. Roanoke, Virginia 24018 ' Mr. Marion A. Turner, 4810 Norwood Street S.W. Roanoke, Virginia 24018 ' ' Mr. John K. Shoemaker, 4806 Norwood Street, S. W., Roanoke, Virginia 24018 H~b Mr. W. Earl Allen, Norwood Street, S. W. Roanoke, Virginia 24018 ' Mr. William J. Moody, 4748 Norwood Street, S W. Roanoke Virginia 24018 ' ' , Mr. Robert W. Gilsdorf, 4740 Norwood Street, S. W., Roanoke, Virginia 24018 Mr. Edward A. Natt Page 3 September 22, 1986 cc: Mr. Harvey C. Switzer, Jr., 4906 Norwood Street S.W., Roanoke, Virginia 24018 ' Ms. Danielle Rand, 3571 Mud Lick Road, S W., Roanoke, Virginia 24018 ' Mr. Gordon N. Dixon, Executive Director, Fifth Planning District Commission, p. O. Box 2569, Roanoke, Virginia 24010 Mr. W. Robert Herbert, City Manager Mr. Earl B. Reynolds, Jr., Assistant City Manager Mrs. Susan S. Goode, Chairman, City Planning Commission Mrs. Martha P. Franklin, Secretary, City Planning Commission Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Mr. Kit B. Kiser, Director of Utilities and Operations Mr. Ronald H. Miller, Building Commissioner and Zoning Administrator Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals Mr. Von W. Moody, III, Director of Real Estate Valuation Ms. Doris Layne, Office of Real Estate Valuation Mr. William M. Hackworth, Assistant City Attorney Mr. Wilburn C. Dibling, Jr., City Attorney Misc. 9/8/86 - Council; C.Mgr. Office of the City September 3, 1986 File #51 Mrs. Susan S. Goode Chairman City Planning Commission Roanoke, Virginia 'Dear Mrs. Goode: Pursuant to Section 36-538 of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a second amended peti- tion from ~lr. Edward A. Natt, Attorney, representing The Murchison Company, a Texas Corporation, requesting that a tract of land containing 12.37 acres, located on the westerly side of Grandin Road Extension, south of Airview Road, S. W., designated as Official Tax Nos. 5090204 and 5090203, be rezoned from RS-l, Single Family Residential District, to RG-1, General Residential District, subject to certain proffered conditions. Sincerely, Mary F. Parker, CMC City Clerk MFP:se EnCo CC: Mr. Edward A. Natt, Attorney, 1919 Electric Road, S. W., Roanoke, Virginia 24018 Mrs. Martha P. Franklin, Secretary, City Planning Commission Mr. Ronald H. Miller, Zoning Administrator Mr. William M. Hackwort~, Assistant City Attorney Room 456 Municipal Building 215 C]~urch Avenue, S.W. Roonoke, Vlrglnlo 240t I (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE~ VIRGINIA IN RE: Rezoning of a tract of land containing ) approximately 12.37 acres lying on the ) westerly side of Grandin Road Extension ) south of Airview Road, from RS-i, Single-) Family Residential District to RG-1, ) General Residential District, subject to ) certain conditions ) SECOND AMENDED PETITION TO REZONE TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: 1. The Petitioner, The Murchison Company, a Texas Corporation, has a contract to purchase a certain tract of land located in the City of Roanoke, containing 12.37 acres, more or less, located on the westerly side of Grandin Road Extension south of Airview Road, and designated on Roanoke City Appraisal Maps as official Tax Nos. 5090204 and 5090203, said tract is currently zoned RS-i, Single-Family Residential. A map of the property to be rezoned is attached as Exhibit "A". 2. Pursuant to Article VII and Article VIII of Chapter 36, Code of the City of Roanoke (1979), as amended, the Petitioner requests that a portion of the said property containing 12.37 acres, more or less, be rezoned from RS-I, Single-Family Residential District, to RG-1, General Residential District, subject to certain conditions set forth below, for the purpose of constructing thereon a single family attached residential complex of 192 units. 3. The Petitioner believes that the rezoning of the said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will enhance the economic value of the City of Roanoke and that the use thereof will be in general conformity with existing uses in the area. 4. The Petitioner hereby proffers and agrees that if the said tract is rezoned as requested, that the rezoning will be subject to, and that the Petitioner will abide by, the following conditions: (a) The tract as rezoned will be used for a maximum of 192 single-family attached dwelling units (condominiums). The construction of the project will be subject to approval from the necessary state authorities for all condominium documents. (b) The site will be developed in substantial conformity with utilizing the site plan prepared by Lumsden & Associates, dated August, 1986, a copy of which is attached hereto as Exhibit B, subject only to such changes as are specifically required by the City during site plan review. (c) The storm water retention facility on the property will be constructed and designed to handle a twenty-year storm. 5. Attached as Exhibit C are the names and addresses of the owner or owners of all lots or property immediately 2 adjacent to or immediately across a street or road from the property to be rezoned. WHEREFORE, the Petitioner requests that the above- described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this ~ day of 1986. Respectfully submitted, THE MURCHISON COMPANY Edward A. Natt, Esquire OSTERHOUDT, FERGUSON, NATT, AHERON & AGEE, P.C. 1919 Electric Road, S. W. Roanoke, VA 24018 Of Counsel 3 TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE REZONING OF: Request from The Murchison Company, a Texas Corporation, ) represented by Edward A. Natt, Attorney, that a portion of ) two tracts of land containing approximately 12.37 acres ) lying on the westerly side of Grandin Road Extension, south ) of Airview Road, S.W., designated as portions of Official )AFFIDAVIT Tax Nos. 5090204 and 5090203, be rezoned from RS-i, Single ) Family Residential District to RG-1, General Residential ) District, such rezoning to be subject to certain conditions ) proffered by the petitioner. ) COMMONWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) The affiant, Kimberly D. Spoon, first being duly sworn, states that she is a Secretary in the Office of Community Planning, 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 25th day of August, 1986, notices of a public hearing to be held on the 3rd day of September, 1986, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: PARCEL 5090201 5090102 5090103 5090104 5090105 OWNER, AGENT OR OCCUPANT James D. Fralin Elizabeth Logan c/o Virginia C. Logan Robert W. Smith William D. Coleman Helen Erb Eller 5090101 5090206 5090124 5090205 5080404 5080405 Luther J. Martin, Jr. Fairington Apartments of Roanoke F & M Associates Marvin A. Poff Walter William Tyree ADDRESS 4953 Grandin Road, SW Roanoke, VA 24018 34 Townsend Street Fort Chester, NY 10573 4706 Grandin Road Ext. Roanoke, VA 24018 P.O. Box 13274 Roanoke, VA 24032 4902 Grandin Road Apt. 317 Roanoke, VA 24015 4818 Grandin Road, Ext. Roanoke, VA 24018 4922 Grandin Road Ext. Roanoke, VA 24018 P.O. Box 90 Roanoke, VA 24018 4734 Norwood Street Roanoke, VA 24018 4724 Norwood Street Roanoke, VA 24018 5090406 Helen R. Reed 4716 Norwood Street Roanoke, VA 24018 5080407 Timothy L. Strawn 4710 Norwood Street Roanoke, VA 24018 5080103 John S. Eubank 1920 Airview Road Roanoke, VA 24018 5080104 Albert J. Wahl 1928 Airview Road Roanoke, VA 24018 5080105 John W. Chandler 1934 Airview Road Roanoke, VA 24018 5080106 Donald E. Bowles 1942 Airview Road Roanoke, VA 24018 5080107 Carolyn W. Parker 4645 Grandin Road Ext. Roanoke, VA 24018 5090215 Ruth Martin York 4905 Woodmar Drive Roanoke, VA 24018 5100714 Randall Lonnie Pizzino 1916 Lytham Drive Roanoke, VA 24018 5100715 Fred W. & Mary Ann McElmurry 4818 Norwood Street Roanoke, VA 24018 5100716 Marion A. Turner 4810 Norwood Street Roanoke, VA 24018 5100717 John K. Shoemaker 4806 Norwood Street Roanoke, VA 24018 5080401 W. Earl Allen 4756 Norwood Street Roanoke, VA 24018 5080402 William J. Moody 4748 Norwood Street Roanoke, VA 24018 5080403 Robert W. Gilsdorf 4740 Norwood Street Roanoke, VA 24018 5100801 Harvey C. Switzer, Jr. 4906 Norwood Street Roanoke, VA 24018 Kimberly D. ~poon ~~ SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 25th day of August, 1986. Notary Public My Commission Expires: Oftlce of ~e O~ August 22, 1986 File #51 Hrs. Susan S. Goode Chairman City Planning Commission RoanoKe, Virginia Dear Mrs. Goode: Pursuant to Section 36-538 of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of an amended petition from Hr. Edward A. Natt, Attorney, representing The Murchison Company, a Texas Corporation, requesting that a tract of land containing 12.37 acres, located on the westerly side of Grandin Road Extension, south of Airview Road, S. W., designated as Official Tax Nos. 5090204 and 5090203, be rezoned from RS-l, Single Family Residential District, to RG-1, General Residential District, subject to certain proffered conditions. Si ncerel y, Mary F. Parker, CMC City Clerk RFP:se EI1C o cc: Mr. Edward A. Natt, Attorney, 1919 Electric RoaD, S. W., Roanoke, Virginia 24018 Mrs. Martha P. Franklin, Secretary, City Planning Commission Mr. Ronald H. Miller, Zoning Administrator Mr. William M. Hackworth, Assistant City Attorney Room456 MunicipalBulldlng 215C~urchAv~nue, S.W. Roonoi~,Virginlo24011 (703)981-254~ Office c~ the City Oerk August 18, 1986 File ~51 Hrs. Susan g. Goode Chairman City Planning Commission Roanoke, Virginia Dear Mrs. Goode:' Pursuant to Section 36-538 of the Code of the City of Roanoke (197g), as amended, I am enclosing copy of a petition and list of property owners from ~r. Edward A. Natt, Attorney, representin§ The Hurchison Company, a Texas Corporation, requesting that a tract of land containing 14.48 acres, located on the westerly side of Grandin Road Extension, south of Airview Road, S. W., designated as Official Tax Nos. 5U90204 and 5090203, be rezoned from RS-l, Single Family Resi~lential District, to RG-1, General Residential District, subject to certain proffered conditions. Sincerely, Mary F. Parker, CMC City Clerk IIFP:se Enc o cc: Mr. Edward A. Natt, Attorney, 1919 Electric Road, S. H. Roanoke, Virginia 24018 Mrs. Martha P. Franklin, Secretary, City Planning Commission Mr. Ronald H. Niller, Zoning Administrator Mr. William M. Hackworth, Assistant City Attorney Room 456 Municipol Building 215 C~urch Av~'~ue, S.W, Roonoke, Virginia 2401~ (703) 98t-254~1 NOTICE OF PUBLIC HEARING BEFORE THE ROANOKE CITY PLANNING COMMISSION TO WHOM IT MAY CONCERN: The Roanoke City Planning Commission will hold a public hearing on Wednesday, September 3, 1986, at 1:30 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, fourth floor, Municipal Building, in order to consider the following: Request from The Murchison Company, a Texas Corporation, represented by Edward A. Natt, Attorney, that a portion of two tracts of land containing approximately 12.37 acres lying on the westerly side of Grandin Road Extension~ south of Airvlew Road, S.W., designated as portions of Official Tax Nos. 5090204 and 5090203, be rezoned from RS-l, Single Family Residential District to RG-1, General Residential District, such rezoning to be subject to certain conditions proffered by the petitioner. A copy of said application is available for review in the Office of Community Planning, Room 355, Municipal Building. Ail parties in interest and citizens may appear on the above date and be heard on the matter. Martha P. Franklin, Secretary Roanoke City Planning Commission Please run in the morning edition on Tuesday, August 19, 1986 Please run in the evening edition on Tuesday, August 26, 1986 Please send affidavit of publication to: Office of Community Planning, Room 355, Munctpal Building, Roanoke, VA 24011 Please bill: Edward A. Natt, Attorney Osterhoudt, Ferguson, Natt, A-heron & Agee 1919 Electric Road, S.W. Roanoke, VA 24018 ~STERHDUDT, FERBUSDN NATT, AHERaN & AG£E ATTDRNEYS-AT-LAW RDANOKE, VlRBINIA IN THE COUNCIL OF THE CITY OF ROANOKE~ VIRGINTA IN RE: Rezoning of a tract of land containing ) approximately 12.37 acres lying on the ) westerly side of Grandin Road Extension ) south of Airview Road, from RS-i, Single-) Family Residential District to RG-1, ) General Residential District, subject to ) certain conditions ) PETITION TO REZONE TO THE HONORABLE MAYOR AND MEMBERS CITY OF ROANOKE: 1. Corporation, land located OF THE COUNCIL OF THE The Petitioner, The Murchison Company, a Texas has a contract to purchase a certain tract of in the City of Roanoke, containing ~4.48 acres, more or less, located on the westerly side of Grandin Road Extension south of Airview Road, and designated on Roanoke City Appraisal Maps as official Tax Nos. 5090204 and 5090203, said tract is currently zoned RS-i, Single-Family Residential. A map of the property to be rezoned is attached as Exhibit "A". 2. Pursuant to Article VII and Article VIII of Chapter 36, Code of the City of Roanoke (1979), as amended, the Petitioner requests that the said property be rezoned from RS-i, Single-Family Residential District, to RG-1, General Residential District, subject to certain conditions set forth below, for the purpose of constructing thereon a single family attached residential complex of 192 units. 1 3. The Petitioner believes that the rezoning of the said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will enhance the economic value of the City of Roanoke and that the use thereof will be in general conformity with existing uses in the area. 4. The Petitioner hereby proffers and agrees that if the said tract is rezoned as requested, that the rezoning will be subject to, and that the Petitioner will abide by, the following conditions: (a) The tract as rezoned will be used only for the purpose of residential use. Documents will be filed with purpose of establishing a condominium project on the property prior to obtaining a building permit. (b) The site will be developed utilizing the site plan prepared by Lumsden & Associates, dated August 1986, a copy of which is attached hereto as Exhibit B. (c) The approximate 2.1 acre parcel of land between the subject property and Airview Road will be retained as RS-l, Single Family Residential District. (d) The single access to the property will be on Grandin Road Extension. 5. Attached as Exhibit C are the names and addresses of the owner or owners of all lots or property immediately adjacent to or immediately across a street or road from the property to be rezoned. WHEREFORE, the Petitioner requests that the above- described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this I~ day of ~o~os-f- , 1986. Respectfully submitted, THE MURCHISON COMPANY Edward A. Natt, Esquire OSTERHOUDT, FERGUSON, NATT, AHERON & AGEE, P.C. 1919 Electric Road, S. W. Roanoke, VA 24018 Of Counsel 'CL. Area to re-zoned from RS-1 ~o RG-1 (12.37 ~s) EXHIBIT A EXHIBIT C LIST OF ADJOINING PROPERTY OWNERS James D. Fralin 4953 Grandin Road Extension, Roanoke, VA 24018 SW Elizabeth Logan c/o Virginia C. Logan 34 Townsend Street Port Chester, New York 10573 Robert W. and Mary L. Smith 4706 Grandin Road Extension, Roanoke, VA 24018 SW William D. and Sally T. P. O. Box 13274 Roanoke, VA 24032 Coleman Helen Erb Eller 4902 Grandin Road, Roanoke, VA 24015 Apt. 317 Luther J., Jr., and Louise E. Martin 4818 Grandin Road Extension, SW Roanoke, VA 24018 Fairington Apartments of Roanoke 4922 Grandin Road Extension, SW Roanoke, VA 24018 James, Jr., Martin Luther & etals 4818 Grandin Road Extension, SW Roanoke, VA 24018 o F & M Associates P. O. Box 90 Roanoke VA 24018 10. Marvin A. and Arlene G. Poff 4734 Norwood Street Roanoke, VA 24018 11. Walter William and Violet T. Tyree 4724 Norwood Street Roanoke, VA 24018 5090201 5090102 5090103 5090104 5090105 5090101 5090124 5090206 5090205 5080404 5080405 12. Helen R. Reed 4716 Norwood Street, Roanoke, VA 24018 SW 5080406 13. Timothy L. and Deborah M. P. O. Box 26388 ATTN: Tax Department Richmond, VA 23275 Strawn 5080407 14. John S. Eubank 1920 Airview Road, Roanoke, VA 24018 SW 5080103 15. Robert N. Howell P. O. Box 2888 Roanoke, VA 24001 5080104 16. John W. and Constance L. 1934 Airview Road, SW Roaonke, VA 24018 Chandler 5080105 17. Donald E. and Wilma G. 1942 Airview Road, SW Roanoke, VA 24018 Bowles 5080106 18. Carolyn W. Parker 4645 Grandin Road Extension, Roanoke, VA 24018 SW 5080107 19. Ruth Martin York 4905 Woodmar Drive Roanoke, VA 24018 5090215 20. Randall Lonnie Pizzino 1916 Lytham Drive Roanoke, VA 24018 5100714 21. Fred W. and Mary Ann McElmurray 4818 Norwood Street Roanoke VA 24018 5100715 22. Marion A. and Rachel B. Turner 4810 Norwood Street Roanoke, VA 24018 5100716 23. John K. and Jane S. Shoemaker 4806 Norwood Street Roanoke, VA 24018 5100717 24. 25. 26. 27. W. Earl and Mildred H. 4756 Norwood Street Roanoke, VA 24018 Allen William J. Moody 4748 Norwood Street Roanoke, VA 24018 Robert W. and Catherine Gilsdorf 4740 Norwood Street Roanoke, VA 24018 Harvey C., Jr. & Doris H.Switzer 4906 Horwood ST., SW Roanoke, Va. 24018 5080401 5080402 5080403 5100801 BUFORD T. LUMSDEN & ASSOCIATES, P.C. ~ DAVID DICK - P.E., L.S. ~AM~LE~ON AVENUE, S.~V. August 13, 1986 Mrs. Patsy Testerman, City of Roanoke 215 Church Avenue Roanoke, Virginia City Clerk Re: Re-zoning approximately 12.37 acres - Grandin Road Ext. Comm: 86-254G Dear Mrs. Testerman: We are hereby furnishing you with the following material for re-zoning and request to be on the Planning Commission agenda for their September 3, 1986, meeting. 1. The petition requesting re-zoning. A check made payable to the City of Roanoke in the amount of $280.00 for re-zoning from RS-1 to RG-1 of 12.4 acres. 3. Exhibit C - a list of all adjoining property owners 4. Exhibit A - a copy of the tax map showing the area to be re-zoned. 5. The proffered conditions are included in the petition. 6. A preliminary site plan which is being proffered as a condition of the re-zoning. If you have any questions, please call. Yours very truly, BUFORD T. LUMSDEN ~ ASSOCIATES, Daniel S. Chitwood PoCJ DSC/p encl: Office of the Oty Clerk October 24, 1986 File #51 Mr. Eugene M. Elliott, Jr. Attorney Suite 910 Dominion Bank Building Roanoke, Virginia 24011 Dear Mr. Elliott: I am enclosing copy of' Ordinance No. 28386, rezoning a certain tract of land located at the intersection of Brambleton Avenue and Woodlawn Avenue, S. W., and extending through to Spessard Street, designated as Official Tax No. 1650318, from RS-3, Single Family Residential District, to C-I, Office and Institutional District, subject to certain proffered conditions, which Ordinance was adopted by the Council of the City of Roanoke on first reading on Monday, October 13, 1986, also adopted by the Council on second reading on Monday, October 20, 1986, and will take effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC City Clerk MFP:se Eric. Room456 Munlclp~lBulldlng 2150nurchAve~ue, S.W, Roono~e, Vlrglnta24011 (703)981-2541 Mr. Eugene M. Elliott, Page 2 October 24, 1986 Oro cc: Mr. and Mrs. Joseph A. Lynch, 2830 Spessard Avenue S. W Roanoke, Virginia 24015 ' '' Mr. and Mrs. Donald G. Braden, 4524 Girard Drive S. W Roanoke, Virginia 24015 ' '' Mrs. Antoinette M. Persinger, 2801 Fleetwood Avenue, S W., Roanoke, Virginia 24015 ' C. F. Kefauver Estate, c/o Colonial American National Bank, Trust Department, P. O. Box 13888, Roanoke, Virginia 24038 Mr. and Mrs. E, L. Bryant, 2716 Brambleton Avenue S. W Roanoke, Virginia 24015 ' '' Mr. and Mrs. Walter Bryant, 2702 Brambleton Avenue, S. W., Roanoke, Virginia 24015 Trustees, Grandin Court Baptist Church, 2660 Brambleton Avenue, S. W., Roanoke, Virginia 24015 Mr. and Mrs. George Webster, 3124 Spring Road, S W. Roanoke, Virginia 24015 ' ' Mr. Frank P. Tota, Superintendent of Schools, P. O. Box 13145, Roanoke, Virginia 24031 Mr. Donald J. Morris, 2802 Brambleton Avenue, S W. Roanoke, Virginia 24015 ' ' Mr. and Mrs. Dean P. Brandetsas, 2807 Fleetwood Avenue, S W. Roanoke, Virginia 24015 ' ' Mr. Gordon N. Dixon, Executive Director, Fifth Planning District Commission, p. O. Box 2569, Roanoke, Virginia 24010 Mr. W. Robert Herbert, City Manager Mr. Earl B. Reynolds, Jr., Assistant City Manager Mrs. Susan S. Goode, Chairman, City Planning Commission Mrs. Martha P. Franklin, Secretary, City Planning Commission Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Mr. Kit B. Kiser, Director of Utilities and Operations Mr. Ronald H. Miller, Building Commissioner and Zoning Administrator Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals Mr. Von W. Moody, III, Director of Real Estate Valuation Ms. Doris Layne, Office of Real Estate Valuation Mr. William M. Hackworth, Assistant City Attorney Mr. Wilburn C. Dibling, Jr., City Attorney IN THE COUNCIL OF THE CITY OF ROANOKE, The 20th day of October, 1986. No. 28386. AN ORDINANCE to amend §§36-3 and 36-4, Code of (1979), as amended, and Sheet No. 165, Sectional of Roanoke, to rezone certain property within the certain conditions proffered by the applicant. VIRGINIA, the City of Roanoke 1976 Zone ~p, City City, subject to WHEREAS, application has been made to the Council of the City of Roanoke to have the hereinafter described property rezoned from RS-3, Single Family Residential District, to C-I, Office and Institutional District, subject to certain conditions proffered by the applicant; and %grIEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36-541, 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 on said application by the City Council at its meeting on October 13, 1986, after due and timely notice thereof as required by §36-541, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citi- zens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid applica- tion, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that §§36-3 and 36-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 165 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: Property described as a certain tract of land located at the intersection of Brambleton Avenue, S. W., and Woodlawn Avenue, S. and extending through to Spessard Street, designated on Sheet No. 165 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 1650318 be, and is hereby rezoned from RS-3, Single Family Residential District, to C-I, Office and Institutional District, subject to those conditions proffered by and set forth in the petitioner's amended Petition to Rezone, filed with the City Clerk on September 9, 1986, and that Sheet No. 165 of the Zone Map be changed in this respect and further subject to the addi- tional proffered condition that the driveway shown as exiting on Spessard Avenue, S. W., on petitioner's Exhibit B attached to the amended Petition to Rezone shall be relocated through Parcel C to exit on Woodlawn Avenue, S. W., and the proffered site plan shall be amended accordingly. ATTEST: City Clerk. October 24, 1986 Roanoke Or,ce of Community Planning & Economic D~velopmer~t John E. Merrithew City Planning Department Room 355 Muncipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 Re: Bramblewood Park Dear John: Enclosed please find a revised site plan concerning the above property which shows the pro-offer driveway relocated to the Woodlawn side of the property. I have not forwarded a copy of this to the City Clerk's Office. Please advise if I need to do so. have any questions reg~ing this matter, If yout me at your conveni/~efl~.ff contac With/~dest regards, Eug~e M.' Ellio~t, Jr. Enclosure please BRAMBLEWOOD PARK DEVELOPMENT PLAN Roanoke Office of Commutdty :~nning & Economic D~velopmen[ CITY CLERi{S'CFF.iCE Roanoke Cily Planning Commission Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia October 13, 1986 Dear Members of Council: Subject: Request that a tract of land lying between the intersections of Brambleton Avenue, S.W., Woodlawn Avenue, S.W. and Spessard Avenue, S.W. having official Tax Map Number 1650318 be rezoned from RS-3, Single Family Residential District to C-i, Office and Institutional District, subject to certain proffered conditions. I. Background: Purpose of the petition is to permit the development of an office complex. B. Site was the subject of a previous rezoning request in 1983. Request, at that time, was to zone the site RG-1, for townhouses, and C-2, for office uses. Petition was withdrawn. C. Petitioner has met with neighborhood residents. II. Current Situation: Amended petition submitted August 27, 1986, includes the following proffered conditions: Only those uses permitted by right in a RD, Residential Duplex District shall be permitted on Parcel G on the Preliminary Development Plan dated August 12, 1986, attached hereto as Exhibit B. Development of the subject property shall be in general conformance with the Preliminary Development Plan subject to any changes that may be required by the City Engineer during site plan review. Construction, building materials, and building design for Parcels A, B, & C of the Development Plan shall be in substantial conformance with the "Typical Elevations" attached hereto as Exhibit C. Room 355 Municipal Building 215 Church Avenue, S.',~X Roanoke, Virginia 24011 (703) 981-2344 Plannin~ staff recommends approval of the rezoning request. Planning Commission held a public hearing on September 3, 1986. One citizen, representing an adjoining property owner, raised several issues concerning the need for screening to keep litter off of residential lots and concerns for storm water management. .petitioner agreed to attach written building design details to the proffered "Typical Elevations" to clarify several staff concerns. III. Issues: A. Land Use. B. Zoning. C. Traffic. D. Utilities. E. Neighborhood. F. Comprehensive Plan. IV. Alternatives: City 1. Council approve the rezoning request. Land use on the site changes from residential to commercial with the exception of Parcel G which is intended to house a duplex dwelling. Land use is consistent with development on Brambleton Avenue but would result in three offices locating on Spessard Avenue. Major office space would be oriented to Brambleton Avenue. Proffered conditions serve to minimize the impact on the residential area through landscaping, building size and design and through site site orientation. Offices will serve as appropriate use of the site by acting as a transitional use between more intense commercial development on Brambleton avenue and the residential neighborhood. The development also sets a high standard of visual quality which could serve as incentive for improved development along the Brambleton Avenue commercial corridor. Zonin~ on the site changes from RS-3 to C-1. The site proximity to Brambleton Avenue and commercial development makes it unlikely that single family development under the RS-3 zone will occur; therefore, the RS-3 zoning is not appropriate. The C-1 zone classification is an appropriate alternative, as is multi-family development (RG-1 or RG-2 zone classifications). Proffered conditions associated with this rezoning result in less of an impact on the neighborhood in terms of traffic volumes, demand for sewer and water, storm water drainage, and general compatibility with the neighborhood than could result under a multi-family zone designation. C-1 zoning should not increase development pressure further to the east along Brambleton Avenue. Woodlawn Avenue should act as the eastern boundary of the Brambleton Avenue commercial corridor since it is the last major intersection which has non-residential development already in place. Traffic volumes would be approximately 300-400 trips per day and would not significantly affect traffic flow along any adjoining streets. Driveway locations are a concern. The City Traffic Engineer has expressed concern with the location of a driveway on Brambleton Avenue, which is between two angled intersections, and the location of a driveway on Spessard Avenue, a residential cul-de-sac street. Planning staff views the Brambleton access as being important to orienting the development away from the residential area. The Spessard Avenue access will serve three smaller office buildings. Traffic from the offices on Spessard Avenue will not pass any residential lots. Corm~ission members have suggested that traffic from offices on Spessard Avenue be redirected through the site to Woodlawn Avenue. This suggestion will be pursued through the site plan and subdivision review stages. Utilities are available. Storm water would have to be retained on-site in accordance with City requirements. ~ei~hborhood would be effected by the encroachment of businesses towards the residential area. The effect of the development should be minimal based on the proffered limits on the size of the overall project and the scale of proposed buildings. The site presently acts as a visual buffer for several residences and the petitioner has addressed the need to maintain this buffer by proffering in his site plan the preservation of most of the existing vegetation. Comprehensive Plan recommends the creation or enhancement of neighborhood commercial centers through quality site planning and landscaping and compatibility of scale of development. The petitioner has addressed these issues. The Comprehensive Plan also recommends preservation of neighborhood character. The proposed development offers an appropriate use of land in a transitional area between the Brambleton Avenue commercial corridor and the residential neighborhood with constraints which address the need for compatibility. Ve Cit~ Council deny the rezoning request. 1. Land use remains residential. 2. Zonin8 remains RS-3. 3. Traffic is unchanged. 4. Utilities are unchanged. 5. Neighborhood unchanged. 6. Comprehensive Plan is followed to the extent that commercial encroachment into a residential neighborhood is prevented. Recommendation: By a vote of 6-0-1, with Mr. Waldvogel abstaining, the Planning Commission recommended approval of the rezoning petition. Respectfully submitted, Susan S. Goode, Chairwoman Roanoke City Planning Commission SSG:JEM/kds Attachments cc: Assistant City Attorney Director of Public Works City Engineer Building Commissioner/Zoning Administrator Petitioner AUG ~? 1986 IN TEE COUNCIL OF THE CITY OF ROANOKE, ~I~ of .Community IN RE: Rezoning of a tract of land lying be~L~""i~&£c0"0micDeve~0pme.t tween the ntersect~ons of Bran%bleton ) i · Avenue, S.W., Woodlawn Avenue, S.W., ) PETITION Spessard Avenue, S.W., containing ) TO approximately 2.58 acres, from RS-3, .) REZONE Single-Family Residential District, to ) C-l, Office and Institutional District ) subject to certain conditions. ) TO THE HONORABLE MAYOR AND MEMBERS. OF THE COUNCIL OF THE CITY OF ROANOKE: . 1. The petitioners, Corbieshaw Associates, a General Partnership consisting of Eugene M. Elliott, Jr., Michael M. Waldvogel and Thomas M. Hubard, have a Contract of Purchase for a certain tract of land located in the.city of Roanoke, Virginia, containing 2.58 acres, located at the intersection of Bram~leton Avenue, S.W. and Woodlawn Avenue, S.W. and extending through to Spessard Avenue, S.W., less and except "Parcel A", the property of Dorothy H. Kunc, Official Tax Map No. 1650320" and the said parcel requested to be rezoned being designated on the Roanoke City Appraisal Map as Official Tax No. 1650318; and described as 2.04 Acres on'said Map, said tract is currentl~ zoned RS-3, Single-Family Residential District. A Map of the property to be rezoned is attached as Exhibit A. 2. Pursuant to Article VII and Article VIII of Chapter 36, Code of the City of Roanoke (1979), as amended, the'pet- itioners request that the said property be rezoned from RS-3, Single-Family Residential District to C-l, Office and Institut- ional District subject to certain conditions set forth below for the purpose of constructing an office facility. 3. The petitioners believe that the rezoning of said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will complete a transition from retail and commercial use of the Brambleton Avenue area into the Residential use of property adjoining Woodlawn and Spessard Avenues. the 4. The Petitioners hereby pro-offer and agree that if said tract is rezoned a~ requested that the rezoning 'will be subject to and the Petitioners will abide by the following conditions: a. Only those uses permitted by right in a R-D Residential Duplex District shall be permitted on Parcel G on the Preliminary Development Plan dated August 12, 1986, attached hereto as Exhibit B. b. Development of the subject property shall be in general conformance with the Preliminary Development Plan subject to any changes that may be required by the City Engineer during site plan review. c. Construction, building materials, and building design for Parcels A, B, & C of the Development Plan shall be in substantial conformance with the "Typical Elevations" attached hereto as Exhibit C. - 2 - 5. Attached as Exhibit D are the names and addresses of the owner or owners of all lots or property i~unediately ad- jacent to or immediately across a street or road from the property to be rezoned. WHEREFORE, the petitioners request that the above- described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted, CORBIESHAW ASSOCIATES Corbieshaw Associates Eugene M. Elliott, Jr., Partner Suite 910, Dominion Bank Building Roanoke, Virginia 24011 - 3 - BRAMBLEWOOD PARK DEVELOPMENT PLAN i fill :hh ii I~ :i II I BRAMBLEWOOD PARK · TYPICAL "' ELEVATIONS PROPOSED DESIGN CRI'rr.;RIA FOR BUILDINGS AT BRAMBLI~iOOD Marsh, Nitt & Martin, PC Roanoke~ Virginia 27 August 1986 Commission Nos 8627 BUILDING MASS Maximum building height shall be 2-1/2 stories above grade as measured from the major entrance to the building. Roof shall be pitched, gable or hip type, with a minimum slope of 4 inches vertical per 12 inches horizontal. BUILDING ARCHITECTURE The architectural style of the building shall be traditional in character using the "pedestal", "base", and "cap" approach to design. The "pedestal" or the lowest element of the building elevation shall extend from grade to the first floor elevation as a minimum. The pedestal shall be con- structed of brick and shall be visually defined on all sides of the building. The "base", the exterior walls above the "pedestal", shall consist of curtain wall construction, brick or horizontal siding with traditional style windows. The entire front face of the building shall have a colon- nade. Columns shall be minimum 10 inches in diameter with a maximum spacing of 10 feet on center. The "cap" shall consist of a horizontal band between the roof. minimum 10 inch wide top of the base and the Windows greater than 30 inches in any dimension shall be subdivided by a grid. Air conditioning condensing units and other mechanical units shall be screened with materials In character with the building. Electrical service shall be underground. No signage shall be placed above the first floor· Signage shall not be back-lit. Signage shall be constructed with materials similar to the building construction. Signs shall be limited to one double face or two single face signs at 35 square feet maximum per face. d .................... BUILDING MA'r~iRIALS Roofings Minimum 325# shingle, wood shake or shingle, or metal; natural colors. t Glass: Maximum reflectance outdoors spectrum - 25 percent. in the visible Curtainwall/Storefronts Anodized aluminum bronze or black, painted aluminum, or painted hollow metal. Mill finished aluminum is not acceptable. EXHIBIT ABJOINING LAND OWNERS TO 2.58 ACRE TRACT OFFICIAL TAX MAP NO. 1650318 INTERSECTION OF BRAMBLETON.AVENUE AND WOODLAWN AND SPESSARD AVENUES Official Tax No. Owner & Address 1650322 1650320 1650317 1650604 1650804 1650805 1650316 1561002 1560124 1640317 Mr. and Mrs. Joseph A. Lynch 2830 Spessard Avenue, S.W. Roanoke, Virginia 24015 Mr. and Mrs. Donald G. Braden 4524 Girard Drive, S.W. Roanoke, Virginia 24018 Mrs. Antoinette M. Persinger 2801 Fleetwood Avenue, SW Roanoke, Virginia 24015 C. F. Keffauver Estate c/o Anita K. Quick and John D. Copenhaver, Co-Executors 421 Shenandoah Bldg. Roanoke, Virginia 24011 c/o Colonial American National Bank Trust Department P.O. Box 13888 Roanoke, VA 24038 Mr. and Mrs. E. L. Bryant 2716 Brambleton Avenue, SW Roanoke, VA 24015 Mr. and Mrs. Walter M. Bryant 2702 Brambleton Avenue, SW Roanoke, Virginia 24015 Mr. and Mrs. Dean P. Brandetsas 2807 Fleetwood Avenue Roanoke, Virginia 24015 Grandin Court Baptist Church 2660 Brambleton Avenue, SW Roanoke, Virginia 24015 Mr. and Mrs. George R. Webster 3124 Spring Road, SW Roanoke, Virginia 24015 City of Roanoke - School Board P.O. Box 13145 Roanoke, Virginia 24031 PL FI, / SRflUCEVIO~ ~!LL ST HEATHERTON ~' ~. ANGE~ MEADOWVIEW HO BLUE BIRO SCALE, I"= lOCi' ()1) () I. 1) lIE ONINO AVE. - / DROP ~f.~ ~,[~ NUMBER, - 92500372 PUBLISHER' S FEE - EUGENE M ELL]OTT JF DCMINION BANK BLDG SUITE 910 ROANOKE VA 24011 TI STATE CF VIRGINIA CITY OF ROANF~KE AFFIDAVIT OF PUBLICATION [~ [THE UNDERSIGNEDI AN OFFICER OF TIMES-WORLD CORRORATION~ WHICH COR- PORATION IS PUBLISHER OF THE ROANOKE TIMES & ~NORLD-NEWSt A DAILY NENSPAPER ]UBLISHED IN R[?AN~DKE~ IN THE STATE OF V IRGINIA~ DO CERTIFY THAT THE ANNEXED NOTICE WAS PUBLISHED IN SAID NEWSPAPERS DN THE FOLLOWING DATES 09/26/86 MORNING 10/03/86 MORNING WITNESS, THI~6TH DAY OF OCTOBER 1986 _ NOTICE OF PUBLIC HEARING TO ¥~OM IT MAY CO}]CERN: Pursuant to the provisions of Article VII of Chapter 36, Code of the City of Roanoke (1979), as amended, the Council of the City of Roanoke will hold a Public Hearing on Monday, October 13, 1986, at 7:30 p.m., in the Council Chamber in the Municipal Building, 215 Church Avenue, S. W., in the said city, on the question of rezoning from RS-3, Single Family Residential District, to C-1 Office and Institutional District, the following property: A certain tract of land located at the intersec- tion of Brambleton Avenue, S. W., and Woodlawn Avenue, S. W., and extending through to Spessard Street, bearing Official Tax No. 1650318. This rezoning is to be subject to certain conditions prof- fered by the petitioner. 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 and citizens may appear on the above date and be heard on the question. GIVEN under my hand this 24th day of September ,1986 . Please publish in full twice, once on Friday, September 26, 1986, and once on Friday, October 3, 1986, in The Roanoke Times and World News, Morning Edition. Please send publisher's affidavit to: Ms. Mary F. Parker, City Clerk Room 456, Municipal Building Roanoke, Virginia 24011 Mary F. Parker City Clerk Please bill to: Mr. Eugene M. Elliott, Jr., Attorne Suite 910, Dominion Bank Building Roanoke, Virginia 24011 September 22, 1986 File #51 Mr. Eugene M. Elliott, Jr. Attorney Suite 910 Dominion Bank Building Roanoke, Virginia 24011 Dear Mr. Ell~ott: 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 Corbieshaw Associates, a General Partnership con- sisting of Eugene M. Elliott, Jr., Michael M. Waldvogel and Thomas M. Hubard, that a certain tract of land located at the intersection of Brambleton Avenue and Woodlawn ~Avenue, S. W., designated as Official Tax No. 1650318, be rezoned from RS-3, Single Family Residential District, to C-1, Office and Institutional District, subject to certain proffered conditions. Pursuant to Resolution No. 25523 adopted by the Council of the City of Roanoke at its meeting on Monday, April 6, 1981, a public hearing on the abovedescribed request has been set for Monday, October 13, 1986, at 7:30 p.m., in the Council Chamber, fourth floor of the Municipal Building. For your information, ! am also enclosing copy of a notice of the public hearing and an Ordinance providing for the rezoning, which were prepared by the City Attorney's Office. Please review the Ordinance. and if you have any questions, you may contact Mr. William M. Hackworth, Assistant City Attorney, at 981-2431. Si ncerely, Mary F. Parker, CMC City Clerk MFP:se Room 456 Municipal Building 215 C~urd~ Avenue, S.W. I~anoke, '~rginla 24011 (70~) 981.254~1 Mr. Eugene M. Elliott, Page 2 September 22, 1986 CC: Mr. and Mrs. Joseph A. Lynch, Roanoke, Virginia 24015 Mr. and Mrs. Donald G. Braden, Roanoke, Virginia 24015 Mrs. Antoinette M. Persinger, 2801 Fleetwood Avenue, S. W. Roanoke, Virginia 24015 , C. F. Kefauver Estate, c/o Colonial American National Bank, Trust Department, P. O. Box 13888, Roanoke, Virginia 24038 Mr. and Mrs. E. L. Bryant, 2716 Brambleton Avenue, S W. Roanoke, Virginia 24015 ' ' Mr. and Mrs. Walter Bryant, 2702 Brambleton Avenue, S. W. Roanoke, Virginia 24015 ' Trustees, Grandin Court Baptist Church, 2660 Brambleton Avenue, S. W., Roanoke, Virginia 24015 Mr. and Mrs. George Webster, 3124 Spring Road S. W Roanoke, Virginia 24015 ' '' Mr. Frank P. Tota, Superintendent of Schools P. O. Box 13145, ~oanoke, Virginia 24031 ' Mr. Donald J. Morris, 2802 Brambleton Avenue S. W Roanoke, Virginia 24015 ' '' Mr. and Mrs. Dean P. Brandetsas, 2807 Fleetwood Avenue, S W. Roanoke, Virginia 24015 · , Mr. Gordon N. Dixon, Executive Director, Fifth Planning District Commission, p. O. Box 2569, Roanoke, Virginia 24010 Mr. W. Robert Herbert, City Manager Mr. Earl B. Reynolds, Jr., Assistant City Manager Mrs. Susan S. Goode, Chairman, City Planning Commission Mrs. Martha p. Franklin, Secretary, City Planning Commission Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Mr. Kit B. Kiser, Director of Utilities and Operations Mr. Ronald H. Miller, Building Commissioner and Zoning Administrator Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals Mr. Von W. Moody, III, Director of Real Estate Valuation Ms. Doris Layne, Office of Real Estate Valuation Mr. William M. Hackworth, Assistant City Attorney Mr. Wilburn C. Dibling, Jr., City Attorney 2830 Spessard Avenue, S. W., 4524 Girard Drive, S. W., September 9, 1986 File #51 Mrs. Susan S. Goode Chairman City Planning Commission Roanoke, Virginia Dear Mrs. Goode: Pursuant to Section 36-538 of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of an amended petition from Mr. Eugene M. Elliott, Jr., Attorney, representing Corbieshaw Associates, a General Partnership consisting of Eugene M. Elliott, Jr., Michael M. Waldvogel and Thomas M. Hubard, requesting that a certain tract of land located at the intersec- tion of 8rambleton Avenue and Woodlawn Avenue, S. W., designated as Official Tax No. 1650318, be rezoned from RS-3, Single Family Residential District, to C-1, Office and Institutional District, subject to certain proffered conditions. Sincerely, Mary F. Parker, CMC City Clerk MFP:se EFIC o cc: Mr. Eugene M. Elliott, Jr., Attorney, Suite 910, Dominion Bank Building, Roanoke, Virginia 24011 Mrs. Martha P. Franklin, Secretary, City Planning Commission Mr. Ronald H. Miller, Zoning Administrator Mr. William M. Hackworth, Assistant City Attorney Room456 MuniclpalBuilding 215(D~urchAv~que, S.W. Roanoke, Vlrglnla24011 (703)981-2541 '8C~" ~., ~HE.,, COUNCIL~ OF THE CITY OF ROANOKE, ~~ Of .Community IN RE: Rezoning of a tract of land lying be~nni~& Ec0n0m~Devel0pme~ tween the intersections of Brambleton ) AMENDED Avenue, S.W., Woodlawn Avenue, S.W., ) PETITION Spessard Avenue, S.W., containing ) TO approximately 2.58 acres, from RS-3, .) REZONE Single-Family Residential District, to ) C-i, Office and Institutional District ) subject to certain conditions. ) . TO THE HONORABLE MAYOR AND MEMBERS. OF THE COUNCIL OF THE CITY OF ROANOKE: 1. The petitioners, Corbieshaw Associates, a General Partnership consisting of Eugene M. Elliott, Jr., Michael M. Waldvogel and Thomas M. Hubard, have a Contract of Purchase for a certain tract of land located in the.city of Roanoke, Virginia, containing 2.58 acres, located at the intersection of Brambleton Avenue, S.W. and Woodlawn Avenue, S.W. and extending through to Spessard Avenue, S.W., less and except "Parcel A", the property of Dorothy H. Kunc, Official Tax Map No. 1650320" and the said parcel requested to be rezoned being designated on the Roanoke City Appraisal Map as Official Tax No. 1650318; and described as 2.04 Acres on'said Map, said tract is currently zoned RS-3, Single-Family Residential District. A Map of the property to be rezoned is attached as Exhibit A. 2. Pursuant to Article VII and Article VIII of Chapter 36, Code of the City of Roanoke (1979), as amended, the pet- itioners request that the said property be rezoned from RS-3, Single-Family Residential District to C-l, Office and Institut- ional District subject to certain conditions set forth below for the purpose of constructing an office facility. 3. The petitioners believe that the rezoning of the said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will complete a transition from retail and commercial use of the Brambleton Avenue area into the Residential use of property adjoining Woodlawn and Spessard Avenues. 4. The Petitioners hereby pro-offer and agree that if said tract is rezoned a~ requested that the rezoning will be subject to and the Petitioners will abide by the following conditions: a. Only those uses permitted by right in a R-D Residential Duplex District shall be permitted on Parcel G on the Preliminary Development Plan dated August 12, 1986, attached hereto as Exhibit B. b. Development of the subject property shall be in general conformance with the Preliminary Development Plan subject to any changes that may be required by the City Engineer during site plan review. c. Construction, building materials, and building design for Parcels A, B, & C of the Development Plan shall be in substantial conformance with the "Typical Elevations" attached hereto as Exhibit C. 5. Attached as Exhibit D are the names and addresses of the owner or owners of all lots or property immediately ad- jacent to or immediately across a street or road from the property to be rezoned. WHEREFORE, the petitioners request that the above- described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted, CORBIES~AW ASSOCIATES Corbieshaw Associates Eugene M. Elliott, Jr., Partner Suite 910, Dominion Bank Building Roanoke, Virginia 24011 - 3 - !- $ ! t BRAMBLEWOOD PARK DEVELOPMENT PLAN BRAMB LEWOOD PARK · TYPICAL "~ ELEVATIONS PROP08ED DESIGN CRIT~IA FOR BUILDINGS AT BRAMBLE~00D Marsh, Nitt & Martin, PC Roanoke, Virginia 27 August 1986 BUILDING MASS Commission Noz 8627 1. MAximum building height shall be 2-1/2 stories above grade as measured from the major entrance to the building. 2. Roof shall be pitched, gable or hip type, with a minimum slope of 4 inches vertical per 12 inches horizontal. BUILDING ARCHITECTURE The architectural style of the building shall be traditional in character using the "pedestal", "base", and "cap" approach to design. a. The "pedestal"' or the lowest element of the building elevation shall extend from grade to the first floor elevation as a minimum. The pedestal shall be con- structed of brick and shall be visually defined on all sides of the building. b. The "base", the exterior walls above the "pedestal", shall consist of curtain wall construction, brick or horizontal siding with traditional style windows. The entire front face of the building shall have a colon- nade. Columns shall be minimum 10 inches in diameter with a maximum spacing of 10 feet on center. c. The "cap" shall consist of a minimum 10 inch wide horizontal band between the top of the base and the roof. 2. Nlndows greater than 30 inches in any dimension shall be subdivided by a grid. 3. Air conditioning condensing units and other mechanical units shall be screened with materials in character with the building. 4. Electrical service shall be underground. 5. No signage shall be placed above the first floor. Slgnage shall not be back-lit. Slgnage shall be constructed with materials similar to the building construction. Signs shall be limited to one double face or two single face Signs at 35 square feet maximum per face. All BUILDING MAT~IALS Rooflngz Minimum 325# shingle, wood shake or shingle, or metal; natural colors. Olass~ Maximum reflectance outdoors spectrum - 25 percent. in the visible Curtainwall/Storefront: Anodized aluminum bronze or black, painted aluminum, or painted hollow metal. Mill finished aluminum is not acceptable. EXHIBIT ABJOINING LAND OWNERS TO 2.58 ACRE TRACT OFFICIAL TAX MAP NO. 1650318 INTERSECTION OF BRAMBLETONAVENUE AND WOODLAWN AND SPESSARD AVENuEs Official Tax NO. Owner & Address 1650322 1650320 1650317 1650604 1650804 1650805 1650316 1561002 1560124 1640317 Mr. and Mrs. Joseph A. Lynch 2830 Spessard Avenue, S.W. Roanoke, Virginia 24015 Mr. and Mrs. Donald G. Braden 4524 Girard Drive, S.W. Roanoke, Virginia 24018 Mrs. Antoinette M. Persinger 2801 Fleetwood Avenue, SW Roanoke, Virginia 24015 C. F. Keffauver Estate ' c/o Anita K. Quick and John D. Copenhaver, Co-Executors 421 Shenandoah Bldg. Roanoke, Virginia 24011 c/o Colonial American National Bank Trust Department P.O. Box 13888 Roanoke, VA 24038 Mr. and Mrs. E. L. Bryant 2716 Brambleton Avenue, SW Roanoke, VA 24015 Mr. and Mrs. Walter M. Bryant 2702 Brambleton Avenue, SW Roanoke, Virginia 24015 Mr. and Mrs. Dean P. Brandetsas 2807 Fleetwood Avenue Roanoke, Virginia 24015 Grandin Court Baptist Church 2660 Brambleton Avenue, SW Roanoke, Virginia 24015 Mr. and Mrs. George R. Webster 3124 Spring Road, SW Roanoke, Virginia 24015 City of Roanoke - School Board P.O. Box 13145 Roanoke, Virginia 24031 Roanoke Ci~, Planning Commission September 4, 1986 Mr. Eugene M. Elliott, Jr., Esquire Suite 910, Dominion Bank Building Roanoke, Virginia 24011 Dear Mr. Elliott: Subject: Rezoning - Brambleton and Woodlawn During the Roanoke City Planning Commission meeting held on Wednesday, September 3, 1986, you presented a detailed Exhibit C to your petition. The architect delivered a copy of Exhibit C to my office this morning; however, a copy, clearly marked "Exhibit C", should be filed with the City Clerk by the end of this week. A report to City Council on this rezoning request will be prepared shortly and we need to attach Exhibit C to your petition as part of this report. If you have questions, please contact my office. Sincerely, Martha P. Franklin, Secretary Roanoke City Planning Commission /f 355 Municipal Building 215 Church Avenue, 5.W. Roanoke, Virginia 24011 (703) 981-2344 Misc. ~/8/86 Council; C.Mgr. Of~e o~ ~he O~/Qe~k August 22, 1986 File #51 Mrs. Susan S. Goode Chairman City Planning Commission Roanoke, Virginia Dear Mrs. Goode: Pursuant to Section 36-538 of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a petition and list of property owners from Mr. Eugene M. Elliott, Jr., Attorney, repre- senting Corbieshaw Associates, a General Partnership consisting of Eugene M. Ettiott, Jr., Michael M. Waldvogel and Thomas M. Hubard, requesting that a certain tract of land located at the intersection of Brambleton Avenue and Woodlawn Avenue, S. W., designated as Official Tax No. 1650318, be rezoned from RS-3, Single Family Residential District, to C-1, Office and Institutional District, subject to certain proffered conditions. Sincerely, Mary F. Parker, CMC City Clerk MFP:se En c. cc: Mr. Eugene N. Elliott, Jr., Attorney, Suite 910, Dominion Bank Building, Roanoke, Virginia 24011 Mrs. Mart~a P. Franklin, Secretary, City Planning Commission Mr. Ronald H. Miller, Zoning Administrator tlr. William M. Hackworth, Assistant City Attorney Roc~n456 MunlclpalBuildlng 215 Church A',~ue, S.W, Roonoke, Vlrginla24CI11 (703)981-254'1 TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGI~ ' PERTAINING TO THE REZONING OF: Request from Corbieshaw Associates, a general partnership ) consisting of Eugene M. Elliott, Jr., Michael M. Waldvogel, ) and Thomas H. Hubard, represented by Eugene M. Elliott, Jr., ) that a tract of land identified as Official Tax No. 1650318, ) located at the intersection of Brambleton Avenue, S.W. and )AFFI- Woodlawn Avenue, S.W., be rezoned from RS-3, Single Family )DAVIT Residential District to C-i, Office and Institutional District,) such rezoning to be subject to certain conditions proffered by ) the petitioner. ) COMMONWEALTH OF VIRGINIA ) ) CITY OF ROANOKE ) TO-WIT: The affiant, Kimberly D. Spoon, first being duly sworn, states that she is a Secretary in the Office of Community Planning, 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 25th day of August, 1986, notices of a public hearing to be held on the 3rd day of September, 1986, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: OWNER, AGENT OR OCCUPANT PARCEL 1650322 1650320 1650317 1650604 1650804 1650805 1561002 1561019 1560124 1640317 1650807 1650316 ADDRESS 2830 Spessard Avenue, SW Roanoke, VA 24015 4524 Girard Drive, SW Roanoke, VA 24015 2801 Fleetwood Avenue, SW Roanoke, VA 24015 P.O. Box 13888 Roanoke, VA 24038 2716 Brambleton Avenue Roanoke, VA 24015 2702 Brambleton Avenue Roanoke, VA 24015 2660 Brambleton Avenue Roanoke, VA 24015 3124 Spring Road, SW Roanoke, VA 24015 P.O. Box 13145 Roanoke, VA 24031 2802 Brambleton Avenue Roanoke, VA 24015 2807 Fleetwood Avenue Roanoke, VA 24015 Mr. and Mrs. Joseph A. Lynch Mr. and Mrs. Donald G. Braden Mrs. Antoinette M. Persinger C. F. Keffauver Estate c/o Col. Amer. Nat'l. Bank Trust Mr. and Mrs. E. L. Bryant Mr. and Mrs. Walter Bryant Trustees, Grandin Court Baptist Church Mr. and Mrs. George Webster City of Roanoke - School Board Donald J. Morris Mr. and Mrs. Dean P. Brandetsas Kimberly D. ~poon SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 25th day of August, 1986. Notary Public My C~ission Expires: NOTICE OF PUBLIC HEARING BEFORE THE ROANOKE CITY PLANNING COMMISSION TO WHOM IT MAY CONCERN: The Roanoke City Planning Commission will hold a public hearing on Wednesday, September 3, 1986, at 1:30 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, fourth floor, Municipal Building, in order to consider the following: Request from Corbieshaw Associates, a general partnership consisting of Eugene M. Elliott, Jr., Michael M. Waldvogel, and Thomas H. Hubard, represented by Eugene M. Elliott, Jr., that a tract of land identified as Official Tax No. 1650318, located at the intersection of Brambleton Avenue, S.W. and Woodlawn Avenue, S.W., be rezoned from R$-3, Single Family Residential District to C-i, Office and Institutional District, such rezoning to be subject to certain conditions proffered by the petitioner. A copy of said application is available for review in the Office of Community Planning, Room 355, Municipal Building. Ail parties in interest and citizens may appear on the above date and be heard on the matter. Martha P. Franklin, Secretary Roanoke City Planning Commission Please run in the morning edition on Tuesday, August 19, 1986 Please run in the evening edition on Tuesday, August 26, 1986 Please send affidavit of publication to: Office of Community Planning, Room 355, Muncipal Building, Roanoke, VA 24011 Please bill: Eugene M. Elliott, Jr., Esq. Suite 910, Dominion Bank Building Roanoke, VA 24011 IN RE: IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA Rezoning of a tract of land lying be- tween the intersections of Brambleton Avenue, S.W., Woodlawn Avenue, S.W., Spessard Avenue, S.W., containing approximately 2.58 acres, from RS-3, Single-Family Residential District, to C-l, Office and Institutional District subject to certain conditions. PETITION TO REZONE TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: 1. The petitioners, Corbieshaw Associates, a General Partnership consisting of Eugene M. Elliott, Jr., Michael M. Waldvogel and Thomas M. Hubard, have a Contract of Purchase for a certain tract of land located in the City of Roanoke, Virginia, containing 2.58 acres, located at the intersection of Brambleton Avenue, S.W. and Woodlawn Avenue, S.W. and extending through to Spessard Avenue, S.W., less and except "Parcel A", the property of Dorothy H. Kunc, Official Tax Map No. 1650320" and the said parcel requested to be rezoned being designated on the Roanoke City Appraisal Map as Official Tax No. 1650318; and described as 2.04 Acres on said Map, said tract is currently zoned RS-3, Single-Family Residential District. A Map of the property to be rezoned is attached as Exhibit A. 2. Pursuant to Article VII and Article VIII of Chapter 36, Code of the City of Roanoke (1979), as amended, the pet- itioners request that the said property be rezoned from RS-3, Single-Family Residential District to C-l, Office and Institut- ional District subject to certain conditions set forth below for the purpose of constructing an office facility. 3. The petitioners believe that the rezoning of the said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will complete a transition from retail and commercial use of the Brambleton Avenue area into the Residential use of property adjeining Woodlawn and Spessard Avenues. 4. The Petitioners hereby pro-offer and agree that if said tract is rezoned as requested, that the rezon- ing will be subject to and the Petitioners will abide by the following conditions: a. Only those uses permitted by right in a C- 1 Office and Institutional District will be permitted on all parcels excluding Parcel G of the Development Plan (Exhibit B). b. Only those uses permitted by right in a R- D Residential Duplex District shall be permitted on Parcel G of the Development Plan. c. Development of the subject property shall only be in general conformance with the Preliminary Devel- opment Plan dated August 12, 1986, subject to any changes that may be required by the City Engineer during site plan review. d, Coordination and uniformity of materials and building design shall be controlled by Petitioners through deed restrictions so that the overall appearance of the commercial area is harmonious. 5. Attached as Exhibit C are the names and addresses of the owner or owners of all lots or property immediately ad- jacent to or immediately across a street or road from the property to be rezoned. WHEREFORE, the petitioners request that the above- described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted, CORBIESHAW ASSOCIATES Corbieshaw Associates Eugene M. Elliott, Jr., Partne.r Suite 910, Dominion Bank Bldg. Roanoke, Virginia 24011 i/ m m BRAMBLEWOOD PARK DEVELOPMENT PLAN EXHIBIT C ADJOINING LAND OWNERS TO 2.58 ACRE TRACT OFFICIAL TAX MAP NO. 1650318 INTERSECTION OF BRAMBLETON.AVENUE AND WOODLAWN AND SPESSARD AVENUES Official Tax No. 1650322 Owner & Address Mr. and Mrs. Joseph A. Lynch 2830 Spessard Avenue, S.W. Roanoke, Virginia 24015 1650320 Mr. and Mrs. Donald G. Braden 4524 Girard Drive, S.W. Roanoke, Virginia 24018 1650317 Mrs. Antoinette M. Persinger 2801 Fleetwood Avenue, SW Roanoke, Virginia 24015 1650604 C. F. Keffauver Estate c/o Anita K. Quick and John D. Copenhaver, Co-Executors 421 Shenandoah Bldg. Roanoke, Virginia 24011 c/o Colonial American National Bank Trust Department P.O. Box 13888 Roanoke, VA 24038 1650804 Mr. and Mrs. E. L. Bryant 2716 Brambleton Avenue, SW Roanoke, VA 24015 1650805 Mr. and Mrs. Walter M. Bryant 2702 Brambleton Avenue, SW Roanoke, Virginia 24015 1650316 Mr. and Mrs. Dean P. Brandetsas 2807 Fleetwood Avenue Roanoke, Virginia 24015 1561002 Grandin Court Baptist Church 2660 Brambleton Avenue, SW Roanoke, Virginia 24015 1560124 Mr. and Mrs. George R. Webster 3124 Spring Road, SW Roanoke, Virginia 24015 1640317 City of Roanoke - School Board P.O. Box 13145 Roanoke, Virginia 24031 Office of the City Clerk October 24, 1986 File #51 Mr. Clifton A. Woodrum Attorney P. O. Box 1371 Roanoke, Virginia 24007 'Dear Mr. Woodrum: I am enclosing copy of Ordinance No. 28387, rezoning a certain tract of land containing approximately 1.03 acres, located at the intersection of Peters Creek Road and Woodbridge Avenue, N. W., designated as Official Tax Nos. 6370206 and 6370207, from RS-3, Single Family Residential District, to C-2, General Commercial District, subject to certain proffered conditions, which Ordinance was adopted by the Council of the City of Roanoke on first reading on Monday, October 13, 1986, also adopted by the Council on second reading on Monday, October 20, 1986, and will take effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC City Clerk MFP:se Enc. Room 456 Municipal Building 215 C~urch Avenue, S.W. Roanoke, Virginia 240t I (703) 981-2541 Mr. Clifton A. Woodrum Page 2 October 24, 1986 CC: F & W Developers, c/o Fralin and Waldron, Inc., P. O. Box 4175, Roanoke, Virginia 24015 Mr. and Mrs. Ray B. Hartman, 2109 Peters Creek Road, N. W., Roanoke, Virginia 24017 Mr. and Mrs. Sidney H. Willis, 2115 Peters Creek Road, N. W., Roanoke, Virginia 24017 Taylor Oil Company, P. O. Box 51195, Winston-Salem, North Carolina 27113 Roanoke Baptist Missionary, c/o Ms. Reva Hicks, 3530 Peters Creek Road, N. W., Roanoke, Virginia 24017 Westminster Presbyterian Church, 2216 Peters Creek Road, N. W., Roanoke, Virginia 24017 Mr. Gordon N. Dixon, Executive Director, Fifth Planning District Commission, P. O. Box 2569, Roanoke, Virginia 24010 Mr. W. Robert Herbert, City Manager Mr. Earl B. Reynolds, Jr., Assistant City Manager Mrs. Susan S. Goode, Chairman, City Planning Commission Mrs. Martha P. Franklin, Secretary, City Planning Commission Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Mr. Kit B. Kiser, Director of Utilities and Operations Mr. Ronald H. Miller, Building Commissioner and Zoning Administrator Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals Mr. Von W. Moody, III, Director of Real Estate Valuation Ms. Doris Layne, Office of Real Estate Valuation Mr. William M. Hackworth, Assistant City Attorney Mr. Wilburn C. Dibling, Jr., City Attorney IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of October, 1986. No. 28387. AN ORDINANCE to amend $§36-3 and 36-4, Code of the City (1979), as amended, and Sheet No. 637, Sectional 1976 Zone Map, of Roanoke, to rezone certain property within the City, subject certain conditions proffered by the applieant. of Roanoke City to WHEREAS, application has been made to the Council of the City of Roanoke to have the hereinafter described property rezoned from RS-3, Single Family Residential District, to C-2, General Corranercial District, subject to certain conditions proffered by the applicant; and WHEREAS, notice to all the City Planning Commission, concerned as required by §36-541, Code of Roanoke (1979), as amended and after conducting a public the matter, has made its recormnendation to Council; and WHEREAS, a public hearing was held on said application by the City Council notice (1979), which after giving proper the City of hearing on zens were given an opportunity to be heard, both proposed rezoning; and WHEREAS, this Council, after considering tion, the recormnendation made to the Council Commission, the City's Comprehensive Plan, for and against the the aforesaid appliea- by the Planning and the matters presented at its meeting on Oetober 13, 1986, after due and timely thereof as required by §36-541, Code of the City of Roanoke as amended, at which hearing all parties in interest and ¢iti- at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that §§36-3 and 36-4. Code of the City of Roanoke (1979), as amended, and Sheet No. 637 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: Property described as a certain tract of land located in the City of Roanoke, Virginia, containing 1.03 acres, located at the intersec- tion of Peters Creek and Woodbridge Drive, designated as 2203 Peters Creek Road, designated on Sheet No. 637 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Nos. 6370206 and 6370207 be, and is hereby rezoned from RS-3, Single Family Residential District. to C-2, General Commercial District, subject to those conditions prof- fered by and set forth in the petitioner's Amended Petition to Rezone, filed with the City Clerk on August 15, 1986, and that Sheet No. 637 of the Zone Map be changed in this respect. A~£EST: City Clerk. Roanoke City Planning Commission October 13, 1986 Honorable Mayor and Members of Council Roanoke, Virginia Dear Members of Council: Subject: Request from O. DeWitt Hartman and Helen W. Hartman, represented by Mr. Clifton A. Woodrum, Attorney that two tracts of land at the intersection of Peters Creek Road and Woodbridge Avenue, designated as Official Tax Nos. 6370206 and 6370207, be rezoned from RS-3 Single-Family Residential, to C-2, General Commercial District, subject to certain proffered conditions. I. Background: Petition to rezone filed August 13, 1986. Purpose of the rezoning request is to permit ~ffice use of the property. Petition originally requested rezoning to C-I, however, the property did not meet the two acre minimum requirement. Therefore, the adjoining C-2 district had to be extended. Amended petition to rezone fil~ed August 15, 1986. Rezoning request is for C-2. The following condition is proffered: The tract as rezoned will be u.sed only for purposes permitted under C-i, Office and Institutional District. Petitioner has advised he has prospective purchaser who desires to use the property for office use. A development plan has not been submitted, however it is the staff's understanding that the existing structure and parking area will be utilized and that no additional development of the property will be necessary. Planning Commission public hearing was held on September 3, 1986. There was no opposition to the rezoning request. Zoning is currently RS-3. Zoning in this vicinity of Peters Creek Road is a mixture of C-I, C-2 and RG-1 as well as RS-3. Conditional rezonings for C-2 recently have been approved for the City Line Shopping Center at Cove and Peters Creek Roads and for property on Woodbridge Avenue directly across the street (proposed car dealership - August, 1986.) P~c~'n 355 Municipal Building 215 Church Avenue, 5.W. P4x~noke, Virginia 24011 (703) 981 2344 Land use is residential. Property to the immediate north is vacant. Land use to the south is residential for approximately 750 feet on Peters Creek Road. Other land uses on Peters Creek Road are a mixture of office and retail commercial. Property to the east is zoned RS-3, but is vacant to Kay Street. Traffic access is available from Peters Creek Road. A median cut exists at Woodbridge Avenue. Present traffic volume on Peters Creek Road is approximately 12,700 vehicles per day. An office development would generate less than 1,000 trips per day. Neighborhood is developed more densely east of Kay Street. Properties between Kay Street and Peters Creek Road are on larger lots creating a natural buffer from Peters Creek Road. A major portion of the residential neighborhood north of Woodbridge, on Quail Drive, is vacant. E. Comprehensive Plan recommends that: Development of new commercial areas should be carefully planned and designed to promote quality development and good land use. Neighborhoods be protected from encroachment of incompatible uses through appropriate land use decisions and design and buffering requirements. III. Alternatives: A. Approve the rezoning request: Zonin~ becomes C-2, but is, in effect, C-1 due to the proffered condition. Land use will become office rather than residential. Land use is appropriate for Peters Creek Road. At present, few changes are proposed for the property. 3. Traffic and access not significantly affected. Neighborhood not significantly affected. Residential area is more dense east of Kay Street. If additional development of the property occurred, buffering would be required. 5. Comprehensive Plan followed. Deny the rezoning request. 1. Zonin8 remains RS-3. 2. Land use restricted to residential. 3. Traffic not an issue. IV. 4. Neighborhood not affected. 5. Comprehensive Plan could still be followed. Recommendation: The Planning Commission recommended approval of the rezoning request by a vote of 7-0. Given the land use and zoning patterns on Peters Creek Road, office use of the subject property is reasonable. Future redevelopment of the property, if it were to occur, would require appropriate landscape screening and setbacks so as to protect the integrity of the residential neighborhood. ESG/kds Attachment Respectfully submitted, Susan S. Goode, Chairwoman Roanoke City Planning Commission cc: Assistant City Attorney Director of Public Works City Engineer Building Commissioner/Zoning Administrator Attorney for the Petitioner RE: IN THE COUNCIL 0F..THE~CIT¥ Rezoning of a tract of land lying in the City of Roanoke at the intersection of Peters Creek Road and Woodbridge Drive and designated as 2203 Peters Creek Road from RS-3, Single Pamily Residential District to C-2, General Commercial District, Subject to Certain Conditions. AMENDED PETITION TO REZONE DODSON, PENCE, ¥1AN. YOUNG & WOODRUM TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: 1. The petitioners O. DeWitt Bart_man and Helen W. Hartman own a certain tract of land located in the City of Roanoke, Virginia, containing 1.03 acres, located at the intersection of Peters Creek Road and Woodbridge Drive and designated as 2203 Peters Creek Road, and designated on Roanoke City Appraisal Maps as Official Tax Nos. 6370206 and 6370207: the said tract Residential District. attached as Exhibit A. 2. Pursuant to Article VII and Article VIII, Chapter 36, Code of the City of Roanoke (1979), as amended, the petitioners request that the said property be rezoned from RS-3, Single-Family Residential District, to C-2, General Commercial District, subject to certain conditions. 3. The petitioners believe that the rezoning of the said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it is currently zoned RS-3, Single-Family A map of the property to be rezoned is will permit the highest, best and most appropriate use of said tract, increase the tax base, promote the prosperity and general welfare of the community and will provide an appropriate buffer to adjacent C-2 uses. 4. The petitioners hereby proffer and agree that if the tract is rezoned as requested that the rezoning will be subject to and that the petitioners will abide by a condition that the tract as rezoned will be used only for purposes permitted under C-l, Office and Institutional District. 5. Attached as Exhibit B are the names and addreses of the owner or owners of all lots or property immediately adjacent to or immediately across a street or road from the property to be rezoned. THEREFORE, the petitioners request that the above-described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted, O. DeWITT HARTMAN j HELEN W. HART~/q / ~ n By ~ounsel Clifton A. Woodrum DODSON, PENCE, VIAR, YOUNG & WOODRUM P. O. Box 1371 Roanoke, Virginia 24007 *' b$70..~07 r. ' Z~IBIT B The following are the owners and their mailing addresses of property adjoining or across the road or street from the property owned by the petitioners according to the records of the Commissioner of the Revenue of the City of Roanoke as of August 12, 1986: TAX NO. 637o2o1 F.F.W. 6370205 Developers c/o Fralin & Waldron P. O. Box 4175 Roanoke, Virginia 24015 6370208 6370301 6370304 6140612 6141403 6140613 6141402 Ray B. & Ruth B. Sidney H. & Karen C. Willis Ray B. & Ruth B. Taylor Oil Co. Virginia Baptist Foundation Taylor Oil Co. Wes~minister Presbyterian Church Bar,an Harman 2109 Peters Creek Road Roanoke, Virginia 24017 2115 Peters Creek Road Roanoke, Virginia 24017 2109 Peters Creek Road Roanoke, Virginia 24017 P. O. Box 51195 Winston-Salem, N.C. 27113 c/o Reva Hicks 3530 Peters Creek Road Roanoke, Virginia 24017 P. O. Box 51195 Winston-Salem, N.C. 27113 2216 Peters Creek Road Roanoke, V1rginia 24017 DODSON, PENCE, VIAR., YOUNG & WOODIKUM ROANOKI[, VIRGINIA ;~4007 August 26, 1986 MS. Erie Gunter Roanoke City Department of Planning 215 Church Avenue, S.W. Roanoke, Virginia 24011 RE: Rezoning of 2203 Peters Creek Road Dear Ms. Gunter: This will confirm our telephone conversation with your office concerning this matter. It is our clients' intent to utilize the residence existing on these lots for a professional office. There will be no exterior renovation needed and only a limited amount of interior change in order to accomplish this purpose. I am advised that such a fashion that there eight automobiles. the property Currently is situate in is paved parking off street for six to I trust this clarifies the matter. If you have any further questions, comments or suggestions, please let us know. With kindest regards, we are Very truly yours, DODSON, 4iAR~ PENCE, Clifton A. Woodrum CAW/mw cc: Mr. O. D. Hartman Mr. Harold Wingate AUG ~6 1986 Rommke ul.~ ..... of Con~munity Planning & Economic Development ,BARNETT CIR D OWNWO0[ ' .i L 'i' I:II;ZONIN(} 4 I:10 0 F. I) I I ZONIk C 5 5~6 ~¢ NUMBER - 9£502625 PUBLISHER~ S FEE - CLIFTON A WOODRUM BANK OF VA BLDG P 0 BOX 1371 RCANCK E VA 2~-00 7 $82,08 CITY CLE~S 0,, c. 'B6 0I',t 13 e ! :30 STATE OF VIRGINIA CITY OF ROANOKE AFFIDAVIT OF PUBLICATION I, ITHE UNDEF, SIGNED! AN OFFICER OF TIMES-WORLD COPPORATIONt WHICH COR- PORATION IS PUBLISHER CF THE ROANOKE TIMES & WORLD-NEWSt A DAILY NEWSPAPER PUBLISHED IN ROANOKEt IN THE STATE OF ¥1~GINIAt DO CERTIFY THAT THE ANNEXED NOIICE WAS PUBLISHED IN SAID NEWSPAPERS ON THE FOLLOWING DATES 09/26/86 MORNING 10/03/86 MORNING ~ITNESS, TH I~TH DAY OF OCTO,BE~ 1986 OFF [CER'S S IGNA TUR~/' NOTICE OF PUBLIC HEARING I ~. ~ t~ s~l NOTICE OF PUBLIC HEARING TO WHOM IT MAy CONCERN: Pursuant to the provisions of Article VII of Chapter 36, Code of the City of Roanoke (1979), as amended, the Council of the City of Roanoke will hold a Public Hearing on Monday, October 13, 1986, at 7:30 p.m., in the Council Chamber in the ~.~unicipal So W., in the said city, on the RS-3, Single Family Residential Institutional District, the following Building, 215 Church Avenue, question of rezoning from District, to C-2 Office and property: A certain tract of land located in the City of Roanoke, Virginia, containing 1.03 acres, located at the intersection of Peters Creek Road and Woodbridge Drive, designated as 2203 Peters Creek Road, comprised of lots bearing Official Tax Nos. 6370206 and 6370207. This rezoning is to be subject to certain conditions prof- fered by the petitioner. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, ~nicipal Building. Ail parties in interest and citizens may appear on the above date and be heard on the question. GIVEN under my hand this 24th day of,. September ,1986 · Please publish in full twice, once on Friday, September 26, 1986, and once on Friday, October 3, 1986, in The Roanoke Times and World News, Morning Edition. Please send publisher's affidavit to: Ms. Mary F. Parker, City Clerk Room 456, Municipal Building Roanoke, Virginia 24011 Mary F. Parker City Clerk Please bill to: Mr. Clifton A. Woodrum, Attorney P. O. Box 1371 Roanoke, Virginia 24007 September 22, 1986 File #51 Mr. Clifton A. Woodrum Attorney P. O. Box 1371 Roanoke, Virginia 24007 Dear Mr. Woodrum: 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 clients, O. DeWitt Hartman and Helen W. Hartman, that two tracts of land containing approximately 1.03 acres, located at the intersection of Woodbridge Avenue and Peters Creek Road, N. W., designated as Official Tax Nos. 6370206 and 6370207, be rezoned from RS-3, Single Family Residential District, to C-2, General Commercial District, subject to certain proffered con- ditions. Pursuant to Resolution No. 25523 adopted by the Council of the City of Roanoke at its meeting on Monday, April 6, 1981, a public hearing on the abovedescribed request has been set for Monday, October 13, 1986, at 7:30 p.m., in the Council Chamber, fourth floor of the Municipal Building. For your information, I am also enclosing copy of a notice of the public hearing and an Ordinance providing for the rezoning, which were prepared by the City Attorney's Office. Please review the Ordinance and if you have any questions, you may contact Mr. 'William M. Hackworth, Assistant City Attorney, at 981-2431. Sincerely, Mary F. Parker, CMC City Clerk Room 456 Municipal Building 215 C~ura~ A',~nue. S.W. P, oano~e, ~,Irglnlo 24011 (703) 98'1-254t Mr. Clifton A. Woodrum Page 2 September 22, 1986 cc: F & W Developers, c/o Fralin and Waldron, Inc. P. O. Box 4175, Roanoke, Virginia 24015 ' Mr. and Mrs. Ray B. Hartman, 2109 Peters Creek Road N. W Roanoke, Virginia 24017 , ., Mr. and Mrs. Sidney H. Willis, 2115 Peters Creek Road, N. W., Roanoke, Virginia 24017 Taylor Oil Company, P. O. Box 51195 Winston-Salem North Carolina 27113 ' , Roanoke Baptist Missionary, c/o Ms. Reva Hicks, 3530 Peters Creek Road, N. W., Roanoke, Virginia 24017 Westminster Presbyterian Church, 2216 Peters Creek Road N. W., Roanoke, Virginia 24017 ' Mr. Gordon N. Dixon, Executive Director, Fifth Planning District Commission, p. O. Box 2569, Roanoke, Virginia 24010 Mr. W. Robert Herbert, City Manager Mr. Earl B. Reynolds, Jr., Assistant City Manaqer Mrs. Susan S. Goode, Chairman, City Planning C~mmission Mrs. Martha p. Franklin, Secretary, City Planning Commission Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Mr. Kit B. Kiser, Director of Utilities and Operations Mr. Ronald H. Miller, Building Commissioner and Zoning Administrator Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals Mr. Von W. Moody, III, Director of Real Estate Valuation Ms. Doris Layne, Office of Real Estate Valuation Mr. William M. Hackworth, Assistant City Attorney Mr. Wilburn C. Dibling, Jr., City Attorney Misc. 9/8/86 - Council; C.Mgr. August 22, 1986 File #51 Mrs. Susan S. Goode Chairman City Planning Commission Roanoke, Virginia Dea'r Mrs. Goode: Pursuant to Section 36-538 of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a petition and list of property owners from Mr. Clifton A. Woodrum, Attorney, repre- senting O. DeWitt Hartman and Helen W. Hartman, requesting that two tracts of land containing approximately 1.03 acres, located at the intersection of Woodbridge Avenue and Peters Creek Road, N. W., designated as Official Tax Nos. 6370206 and 6370207, be rezoned from RS-3, Single Family Residential District, to C-2, General Commercial District, subject to certain proffered con- ditions. Sincerely, Mary F. Parker, CMC City Clerk HFP:se Eric. cc: fir. Clitton A. Woodrum, Attorney, p. O. Box 1371, Roanoke Virginia 24007 ' Mrs. Martha P. Franklin, Secretary, City Planning Commission Mr. Ronald H. Miller, Zoning Administrator Mr. William M. Hackworth, Assistant City Attorney Room456 Municil:~alBulldlng 215 Church A~"~ue, S.W.P, oano~e,'~rglnto240,1,~ (703)981-2541 TO THE CITY CLERK OF THE CITY OF ROANOKE~ 9IRGINIA PERTAINING TO THE REZONING OF: '86~[~ 2~i- '~ Request from O. DeWitt Hartman and Helen W. Hartman, ) represented by Clifton A. Woodrum, Attorney, that two tracts ) of land containing approximately 1.03 acres, designated as ) AFFI- Official Tax Nos. 6370206 and 6370207, located on Woodbridge ) DAVIT Avenue and Peters Creek Road, N.W., be rezoned from RS-3, ) Single Family Residential District to C-2, General Commercial) District, such rezoning to be subject to certain conditions ) proffered by the petitioner. CO~IONWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) The affiant, Kimberly D. Spoon, first being duly sworn, states that she is a Secretary in the Office of Community Planning, 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 25th day of August, 1986, notices of a public hearing to be held on the 3rd day of September, 1986, on the rezoning captioned above to the owner or agent of the parcels listed PARCEL 6370201 6370205 6370208 6370304 6370301 below at their last known address: OWNER, AGENT OR OCCUPANT F & W Developers c/o Fralin and Waldron Ray B. & Ruth B. Hartman 6140612 6140613 6141403 6141402 Sidney H. & Karen C. Willis Taylor Oil Company Roanoke Baptist Missionary c/o Reva Hicks Westminister Presbyterian Church ADDRESS P.O. Box 4175 Roanoke, VA 24015 2109 Peters Creek Road Roanoke, VA 24017 2115 Peters Creek Road Roanoke, VA 24017 P.O. Box 51195 Winston-Salem, NC 27113 3530 Peters Creek Road Roanoke, VA 24017 2216 Peters Creek Road Roanoke, VA 24017 Kimberly D~Spoon ! SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 25th day of August, 1986. Notary Public My Cg~mission Expires: NOTICE OF PUBLIC HEARING BEFORE THE ROANOKE CITY PLANNING COMMISSION TO WHOM IT MAY CONCERN: The Roanoke City Planning Commission will hold a public hearing on Wednesday, September 3, 1986, at 1:30 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, fourth floor, Municipal Building, in order to consider the following: Request from O. DeWitt Hartman and Helen W. Hartman, represented by Clifton A. Woodrum, Attorney that two tracts of land containing approximately 1.03 acres, designated as Official Tax Nos. 6370206 and 6370207, located on Woodbridge Avenue and Peters Creek Road, N.W., be rezoned from RS-3, Single Family Residential District to C-2, General Commercial District, such rezoning to be subject to certain conditions proffered by the petitioner. A copy of said application is available for review in the Office of Community Planning, Room 355, Municipal Building. Ail parties in interest and citizens may appear on the above date and be heard on the matter. Martha P. Franklin, Secretary Roanoke City Planning Commission Please run in the morning edition on Tuesday, August 19, 1986 Please run in the evening edition on Tuesday, August 26, 1986 Please send affidavit of publication to: Office of Community Planning, Room 355, Muncipal Building, Roanoke, VA 24011 Please bill: Clifton A. Woodrum Dodson, Pence, Viar, Young & Woodrum P.O. Box 1371 Roanoke, VA 24007 DOD$ON, PENCE, VIAR, YOUNG & WOODRUM RE: IN THE COUNCIL OF THE CITY OF ROANOKE,.8~IR~I~I~A ~,~ Rezoning of a tract of land lying in the City of Roanoke at the intersection of Peters Creek Road and Woodbridge Drive and designated as 2203 Peters Creek Road from RS-3, Single Family Residential District to C-2, General Commercial District, Subject to Certain Conditions. PETITION TO REZONE TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: 1. The petitioners O. DeWitt Hartman and Helen W. Hartman own a certain tract of land located in the City of Roanoke, Virginia, containing 1.03 acres, located at the intersection of Peters Creek Road and Woodbridge Drive and designated as 2203 Peters Creek Road, and designated on Roanoke City Appraisal Maps as Official Tax Nos. 6370206 and 6370207: the said tract is currently zoned RS-3, Single-Family Residential District. A map of the property to be rezoned is attached as Exhibit A. 2. Pursuant to Article VII and Article VIII, Chapter 36, Code of the City of Roanoke (1979), as amended, the petitioners request that the said property be rezoned from RS-3, Single-Family Residential District, to C-2, General Commercial District, subject to certain conditions. 3. The petitioners believe that the rezoning of the said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it DODSON, PENCE* VIAR* YOUNG ~ WOODRUM will permit the highest, best and most appropriate use of said tract, increase the tax base, promote the prosperity and general welfare of the community and will provide an appropriate buffer to adjacent C-2 uses. 4. The petitioners hereby proffer and agree that if the tract is rezoned as requested that the rezoning will be subject to and that the petitioners will abide by a condition that the tract as rezoned will be used only for purposes permitted under C-i, Office and Institutional District. 5. Attached as Exhibit B are the names and addreses of the owner or owners of all lots or property immediately adjacent to or immediately across a street or road from the property to be rezoned. THEREFORE, the petitioners request that the above-described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted, O. DeWITT HARTMAN ~ HELEN W. HARTMAN / // A By ~ounsel Clifton A. Woodrum DODSON, PENCE, VIAR, YOUNG & WOODRUM P. O. Box 1371 Roanoke, Virginia 24007 ¢~7oao~ EXHIBIT A ~ ~$70307 ~ EXHIBIT B The following are the owners and their mailing addresses of property adjoining or across the road or street from the property owned by the petitioners according to the records of the Commissioner of the Revenue of the City of Roanoke as of August 12, 1986: TAX NQ, OWNER 6370201 F.F.W. Developers ADDRESS c/o Fralin & Waldron P. O. Box 4175 Roanoke, Virginia 24015 6370205 " " " ,, 6370208 6370301 6370304 6140612 6141403 6140613 6141402 Ray B. & Ruth B. Hartman Sidney H. & Karen C. Willis Ray B. & Ruth B. Harman Taylor Oil Co. Virginia Baptist Foundation Taylor Oil Co. Westminister Presbyterian Church 2109 Peters Creek Road Roanoke, Virginia 24017 2115 Peters Creek Road Roanoke, Virginia 24017 2109 Peters Creek Road Roanoke, Virginia 24017 P. O. Box 51195 Winston-Salem, N.C. 27113 c/o Reva Hicks 3530 Peters Creek Road Roanoke, Virginia 24017 P. O. Box 51195 Winston-Salem, N.C. 27113 2216 Peters Creek Road Roanoke, Virginia 24017 EXHIBIT A ~:¢ ~ WOODBRtDGE 637030~ EXHIBIT B The following are the owners and their mailing addresses of property adjoining or across the road or street from the property owned by the petitioners according to the records of the Commissioner of the Revenue of the City of Roanoke as of August 12, 1986: TAX NQ, QWNER ADDRESS 6370201 F.F.W. Developers c/o Fralin & Waldron P. O. Box 4175 Roanoke, Virginia 24015 6370205 6370208 Ray B. & Ruth B. ~artman 2109 Peters Creek Road Roanoke, Virginia 24017 6370301 Sidney E. & 2115 Peters Creek Road Karen C. Willis Roanoke, Virginia 24017 6370304 Ray B. & Ruth B. Barman 2109 Peters Creek Road Roanoke, Virginia 24017 6140612 Taylor Oil Co. P. O. Box 51195 Winston-Salem, N.C. 27113 6141403 Virginia Baptist Foundation c/o Reva ~icks 3530 Peters Creek Road Roanoke, Virginia 24017 6140613 Taylor Oil Co. P. O. Box 51195 Winston-Salem, N.C. 27113 6141402 Westminister 2216 Peters Creek Road Presbyterian Church Roanoke, Virginia 24017 Office of the Ci~, Clerk October 24, 1986 File #51 Mr. Daniel F. Layman, Jr. Attorney P. O. Box 720 Roanoke, Virginia 24004 Dear Mr. Layman: I am enclosing copy of Ordinance No. 28388, rezonin9 certain tracts of land located on the east side of U.S. Route 220 South (Franklin Road) at its intersection with Southern Hills Lane (Virginia Route 722), designated as portions of Official Tax Nos. 5470116, 5470118, 5470119, and all of Official Tax No. 5470117, from RS-3, Single Family Residential District and C-1, Office and Institutional District, to C-2, General Commercial District, sub- ject to certain proffered conditions, which Ordinance was adopted by the Council of the City of Roanoke on first reading on Monday, October 13, 1986, also adopted by the Council on second reading on Monday, October 20, 1986, and wilt take effect ten days following the date of its second reading. Si ncerely, Mary F. Parker, CMC City Clerk MFP:se Enc. Room 456 Municipal Building 215 (~urdn Avenue, S.W. Roonc~e, Virginia 2401t (703) 98t-254t Mr. Daniel F. Layman, Page 2 October 24, 1986 cc: Mr. Billy H. Branch, P. O. Box 8158, Roanoke, Virginia 24014 Save-X, USA, Inc., 130 Sycamore Avenue, N. E., Roanoke, Virginia 24012 Ms. Ethel Gravely, 4156 Southern Lane, S. W., Roanoke, Virginia 24014 Estate of Loraine K. Dasovitch, c/o Zane Grey Saker, P. O. Box 1855, Huntington, West Virginia 25719 Mr. U. L. Perdue, 4402 Old Rocky Mount Road, S. W., Roanoke, Virginia 24014 Mr. W. R. Grant, Route 7, Box'223, Salem, Virginia 24153 Mr. and Mrs. James H. Jordon, 4237 Griffin Road, S. W., Roanoke, Virginia 24014 Mr. and Mrs. Walter L. Andrews, 4263 Griffin Road, S. W., Roanoke, Virginia 24014 Mr. Lear H. McGhee, ~305 Griffin Road, S. W., Roanoke, Virginia 24014 Mr. and Mrs. Richard Harris, 4313 Griffin Road, S. W., Roanoke, Virginia 24014 Ms. Joy Faye Logan, c/o Ms. Joy Paige Logan, 4323 Griffin Road, S. W., Roanoke, Virginia 24014 Heirs of Terry Waits, 383 Evergreen Street, Apt. 2, Pawtucket, Rhode Island 02867 Old Heritage Corporation, P. O. Box 8425, Roanoke, Virginia 24014 Hunting Hills Land Corporation, c/o Mr. Henry Scholz, Jr., P. O. Box 8425, Roanoke, Virginia 24014 Mr. Gordon N. Dixon, Executive Director, Fifth Planning District Commission, P. O. Box 2569, Roanoke, Virginia 24010 Mr. W. Robert Herbert, City Manager Mr. Earl B. Reynolds, Jr., Assistant City Manager Mrs. Susan S. Goode, Chairman, City Planning Commission Mrs. Martha P. Franklin, Secretary, City Planning Commission Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Mr. Kit B. Kiser, Director of Utilities and Operations Mr. Ronald H. Miller, Building Commissioner and Zoning Administrator Mr. L. Elwood Norris, £hairman, Board of Zoning Appeals Mr. Von W. Moody, III, Director of Real Estate Valuation Ms. Doris Layne, Office of Real Estate Valuation Mr. William M. Hackworth, Assistant City Attorney Mr. Wilburn C. Dibling, Jr., City Attorney IN THE COUNCIL OF THE CITY OF ROANOKE, The 20th day of October, 1986. No. 28388. VIRGINIA, AN ORDINANCE to amend §§36-3 and 36-4, Code of the City of l~anoke (1979), as amended, and Sheet No. 547, Sectional 1976 Zone Map. City of Roanoke, to rezone certain property within the City, subject to certain 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 from RS-3, Single Family Residential District, District, to C-2 General Commercial ditions proffered by the applicant; and C-l, Office.and Institutional District, subject to certain eon- and WHEREAS. the City Planning Commission, notice to all concerned as required by §36-541, Code of Roanoke (1979), as amended and after conducting a public the matter, has made its recommendation to Council; and WHEREAS. a public hearing was held on said application by the City Council at its meeting on October 13, 1986, after due and timely notice thereof as required by §36-541, Code of the City of Roanoke which after giving proper the City of hearing on (1979), as amended, at which hearing all parties zens were given an opportunity to be heard, both proposed rezoning; and WHEREAS, this Council, after considering tion, the reeormmendation made to the Council sion, the City's Comprehensive Plan, in interest and ¢iti- for and against the the aforesaid applica- by the Planning Commis- and the matters presented at the public hearing, is of the opinion that the hereinafter described pro- perty should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that §§36-3 and 36-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 547 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: The following property, located in the City of Roanoke, Virginia, on the east side of U.S. Route 220 (south) (Franklin Road) at its intersection with Southern Hills Lane (Virginia Route 722) is hereby rezoned as follows: (1) Official Tax No. 5470117, and the rear por- tions of Official Tax Nos. 5470116 (approximately 640 feet of the rear thereof) and 5470118 (approximately 845 feet of the rear thereof), are hereby rezoned from RS-3, Single Family Residential District, to C-2, General Commercial District; and (2) two portions of Official Tax No. 5470119, both of which are now zoned C-I, Office and Institu- tional District, are hereby rezoned to C-2, General Commercial District. The two portions of this parcel are described as follows: (i) BEGINNING at a point on the easterly right-of- way line of U.S. Route 220 and being a common corner with the southwest corner of Billy H. Branch Property (Tax No, 5470119) and with the northwest corner of the property of Daniel S. Dasovich and Lorraine K. Dasovich (Tax No. 5470120); thence with Braneh in an easterly direction, N. 73° 56' 00" E., 610.00 feet to the actual point of BEGINNING, and said point being the easterly line of property presently zoned C-2; thence leaving the southerly line of Branch property and following the pre- sently C-2 zoned line in a northerly direction, N. 18o 49' 45" W., 550.22 feet to a point; thence leaving the line of present C-2 zoning and in a southeasterly direc- tion, S 27° 07' 35" E., 559.95 feet to a point; and said point being on the southerly line of property of Billy H. Branch and being a common line with property of U. L. Perdue (Tax No. 5470121); thence with Perdue in a wester- ly direction, S 73° 56' 00" W., 80.90 feet to the place of BEGINNING and containing 0.51 acres. (ii) BEGINNING at a point loeated on the easterly right-of-way line of U. S. Route 220 and being a common corner with the southwest corner of property of Riehard C. Pattisall and Mary H. Pattisall and with property of Billy H. Branch (Tax No. 5470119); thence with Pattisall in an easterly direetion, N. 69° 44" 00" E, 625.00 feet to the actual point of BEGINNING; thence continuing with Pattisall in an easterly direction N. 69° 44' 00" E. 487.49 feet to a point and being the southeast corner of the Pattisall property; thence leaving Pattisall and with Billy H. Branch, S. 39° 04' 00" E., 67.07 feet to a point; thence S. 76° 34' 20" W., 150.60 feet to a point and the P.C. of a curve; thence with a curve to the left and which curve is defined by a delta angle of 6° 50' 21", a radius of 2,889.79 feet, an are of 344.94 feet, a chord of 344.73 feet and bearing S. 73° 09' 10" W., to the P. T. of the curve; thence continuing in a southwesterly direction, S. 69° 44' 00" W., 16.08 feet to a point and said point being on the easterly line of presently C-2 zoned property; thence with the easterly side of existing C-2 zoned property and in a northerly direction, N. 18° 49' 45" W., 25.01 feet to the plaee of BEGINNING and containing 0.43 acres. This rezoning is subject to those conditions proffered by and set forth in the Petition for Rezoning. Sheet No. 547 of the Zone Map shall be changed to reflect this rezoning. ATTEST: City Clerk. RECE~'¢EO CITY CLERKS OFFICE '86 SEP19 P2:3,~ Raanoke City Planning Commission October 13, 1986 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request from Barry E. Dotson and Associates represented by Daniel F. Layman, Jr. that four tracts of land on the east side of U. S. Route 220 designated as portions of Official Tax Numbers 5470116, 5470118, 5470119 and all of parcel 5470117 be rezoned from RS-3, Single Family Residential and C-I, Office and Institutional to C-2, General Commercial District, subject to certain proffered conditions. I. Background Petition to rezone filed August 8, 1986. Proffered condition is that the property will be used only as a retail shopping center with one or more separate outparcels with compatible uses. A preliminar~ development plan has been submitted and is attached for your review. The rear portion of Tax No. 5460119 was conditionall~ rezoned in 1979 to C-1 and C-2 in conjunction with Tax No. 5460101 for a development proposal that was to include a shopping center (Route 220), a motel, an office complex and a residential development (Van Winkle Road.) A copy of that rezoning petition and a map of the area rezoned are attached. The present rezonin§ request for a portion of Tax Number 5470119 would effect the conditions of the previous conditional. rezonin~, particularly with regard to "Pheasant Ridge Road" which was never constructed and would have served as access to the office development. Conditions relating to the C-2 zoning for the motel and the frontage road along Route 220 have expired. Plannin~ Commission public hearing was held on September 3, 1986. There was no opposition to the rezoning request. The discussion was generally supportive of the request. Storm water management will require detailed engineering study and analysis. Mr. Bradshaw indicated his desire to have the developer consider the provision of a frontage road on the property to eventually connect Southern Hills Lane with Old Rocky Mount Road. Room 355 Municipal Building 215 Church Avenue, S.W~ Roanoke, Virginia 24011 (703) 981 2344 II. Issues: Zoning is presently RS-3 and C-l, conditional. Zoning along the frontage of Route 220 is C-1 and C-2, commercial. The front portions of parcels Tax No. 5470116, 5470118 and 5470119 are already zoned C-2. Zoning to the east of Route 220 is RS-3 and RG-1. Zoning patterns acrose Route 220 in Roanoke County are similar. Land Use is presently a drive-in theatre, a truck stop, and a large vacant graded parcel that has existed on Route 220 for a number of years. Traffic access is proposed from Route 220 at its intersection with Crossbow Circle. Petitioner has had a traffic study prepared and has been working with the State Highway Department in an attempt to justify a traffic signal on Route 220 at the entrance to the proposed center (State maintains Route 220 rather than City.) The study of July 25, 1986 indicated that present traffic volumes on Route 220 warranted signalization for north and southbound traffic, but volumes at the Crossbow Circle intersection did not presently warrant such signalization. Future development of this proposed shopping center, would generate 12,000-20,000 vehicle trips per day and increase traffic volumes enough to warrant a traffic signal. The City Traffic Engineer has advised the State Highway Department that the City would be supportive of such a request, particularly in view of a future apartment development to the south beyond Old Rocky Mount Road which would add to traffic volumes on Route 220. In addition, it has been expressed that there may be a need for a frontage road between Old Rocky Mount Road and Southern Hills Lane. Utilities for water and sewer are available. Storm drainage would have to be handled on site or major improvements made to the existing system along Route 220. Stormwater runoff is a problem in the area, both in terms of limited capacities of the existing system and the natural drainage channel along Southern Hills Lane. At present, the City does have plans to make improvements to the storm drainage system, but the priority is low in terms of other needed storm drain projects. Subdivision of the property will be necessary in order to acquire the portions of Tax Number 5470119. It should be noted that this process will involve study of stormwater management for the remainder of 5470119 since if it were ever developed, a drainage easement would be required across petitioner's property and some means of retention for any runoff increases would have to be accommodated. In addition some adjacent properties belonging to the seller would have to be combined so as not to leave landlocked parcels. Neighborhood is primarily single-family residential east of Route 220. Properties are typically rural in character with wooded lots. Properties which abut the rear property line of the tracts requested for rezoning have lot sizss ranging in depth from 200 to 300 feet. Existing trees would buffer those residences from the proposed shopping center. Residential properties along Southern have deep lots but have more open lot areas. A future apartment complex of approximately 250 units is planned for Route 220 south of Old Rocky Mount Road. Neighborhood residents have been active in past land use issues involving their community. No opposition has been received. G. Comprehensive Plan recommends that: Commercial development be encouraged in appropriate areas and designed to promote quality development. Neighborhood be protected from encroachment of incompatible uses. Changes in land use should be designed to conserve and enhance neighborhood quality. Redevelopment and reuse of declining retail centers should be encouraged. III. Alternatives: A. Approve the rezoning request. Zonin~ becomes C-2. Condition of the rezoning is that it be used for a shopping center with outparcels. Previous conditional zoning of the remainder of Tax #5470119 and 5460101 would have to be amended in order to develop the property. Land use is improved. Existing land conditions are uncoordinated and unattractive. Proposed development would provide a redeveloped commercial cluster that will be beneficial to the Route 220 corridor. Traffic access would be acceptable if the intersection to the proposed center is signalized. A frontage road would be desirable. Developer has indicated some concern with regard to land area required, retail space and parking planned and additional grading that may have to occur. e Utilities for water and sewer not adversely affected. Stormwater management will be a significant issue to resolve given the existing conditions of the present system and the topography and drainage watersheds of the area. Detailed engineering is needed to address the matter. Site plan and subdivision review will require resolution in order to approve the development for construction. Subdivision of property would be coordinated with the site plan review process. Neighborhood would be enhanced by a more coordinated, attractive development. Residential properties would be buffered. G. Comprehensive Plan followed. H. Den~ the rezoning request. 1. Zoning remains RS-3 and C-I, conditional. 2. Land use remains as presently exists. 3. Traffic not an issue. 4. Utilities still an issue for development of the property. 5. Neighborhood not affected. Existing land uses continue. 6. Comprehensive Plan not followed. Redevelopment of declining area not supported. IV. Recommendation: The Planning Commission unanimously recommended approval of the rezoning request by a vote of 7-0. The proposed development would be beneficial to the community and enhance the Route 220 corridor. The construction of a shopping center on the property would provide coordinated commercial development on a major highway in a clustered manner which is more desirable than the piecemeal strip development which has occurred over the years. Issues dealing with stormwater management and transportation need further study and resolution. Discussions concerning this issue with the developer and his engineer will be continued during site plan and subdivision review. Respectfully submitted, Susan S. Goode, Chairwoman Roanoke City Planning Commission ESG:kds Attachments CC: Assistant City Attorney Director of Public Works City Engineer Zoning Administrator Attorney for the Petitioner VIRGINIA: IN THE COUNCIL OF THE CITY OF ROANOKE IN RE: Rezoning of Four Tracts of Land Lying on the East Side of U.S. Route 220 (South) at Southern Hills Lane from RS-3 (Single Family Residential District) and C-1 (Office and Institutional District) to C-2 (General Commercial District) PETITION FOR REZONING TO: The Honorable Mayor and Members of the Council of the City of Roanoke (1) The petitioner, Barry E. Dotson & Associates, Inc., has contracted to purchase four contiguous tracts of land located in the City of Roanoke, Virginia, on the east side of U.S. Route 220 (South) (Franklin Road) at its intersection with Southern Hills Lane (Virginia Route 722). The Official Tax Number, acreage, and present zoning classification of these tracts are as follows: 5470116 7.426 acres Front 300± feet: C-2 Rear 640± feet: RS-3 5470117 1.47 acres RS-3 5470118 6.131 acres Front 300± feet: C-2 Rear 845± feet: R~-3 5470119** 16.16 acres Front 625 feet: C-2 Remainder at rear:C-1 (**Only. a central triangular portion, beginning at a point 625~ feet from Route 220 and extending to a point 691~ feet from Route 220 on the south, and a strip roughly 40 feet wide along the north boundary, of the tract are to be rezoned and added to the area presently zoned C-2 for acquisition. A plat to be filed prior to public hearings on the application will show the precise dimensions of the area to be rezoned.) A copy of Roanoke City Appraisal Map Sheet 547 showing the property to be rezoned is attached to this it A. petition as Exhib- (2) (a) Parcels 5470116, 5470118 and 5470119 are zoned General Commercial District, to a depth of approximately feet from Route 220. Pursuant to Articles VII and VIII of C-2, 300 Chapter 36 of the Code of the City of Roanoke (1979), the petitioner requests that the rear portions of parcels 5470116 and 5470118 and all of parcel 5470117 be rezoned from RS-3, Single Family Residential District, to C-2, General Commercial District; (b) The front 625 feet of parcel 5470119 is zoned C-2, General Commercial District, but the remainder of the tract has been automatically reclassified C-l, Office and Institutional District, pursuant to Ordinance No. 24898 adopted December 3, 1979. Petitioner accordingly requests that a triangular portion of parcel 5470119 lying immediately east of the area now zoned C-2, measuring roughly 520 feet by 66 feet by 578 feet, and a strip of parcel 5470119 varying from roughly 20 feet tO 67 feet wide immediately south of parcel 5470118 beginning at a point 625 feet east of Route 220, be rezoned from C-l, Office and Institutional District, to C-2, General Commercial District. (3) The petitioner believes that the rezoning of this property will further the intent and purpose of the Zoning Ordinance and the Comprehensive Plan of the City of Roanoke in that it will permit the development of a large and generally -2- unsightly tract of land in an area that has to date been characterized by small, isolated developments. The property as situated is buffered from the residential areas to the north and east by existing vegetation. Properties fronting on Route 220 to the north are already developed with commercial uses, with which the proposed zoning and development will be compati- ble. Due to their location and topography, these tracts do not appear suited to residential development. (4) Attached as Exhibit B are the names and addresses of the owners of all property immediately adjacent to and across Route 220 from the property to be rezoned. Exhibit C attached lists the names and addresses of the present owners of the property to be rezoned. (5) The petitioner hereby proffers and agrees that if the property is rezoned as requested, the rezoning will be subject to the condition that the property will be used only for a retail shopping center and one or more separate outparcels with compatible uses. Petitioner agrees to be bound by this condi- tion. (6) It is the intention of the petitioner to request a subdivision of parcel 5470119, with the rear portion of that tract (which petitioner is not purchasing) to become a part of tax parcel 5460101. WHEREFORE, the petitioner requests that the above-described tract be rezoned as requested in accordance -3- with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted, Daniel F. Layman, Jr. Woods, Rogers & Hazlegrove P. O. Box 720 Roanoke, VA 24004 BARRY E. DOTSON & ASSOCIATES, INC. ~ , Of Counsel ~] v Counsel for Barry E. Dotson & Associates, Inc. -4- EXHIBIT A Tax Map Number 5460101 5470104 5470115 5470120 5470121 5470201 5470202 5470203 5470204 5470205 5470206 5470501 EXHIBIT B ~OANOKE CITY Owner Billy H. Branch P. O. Box 8158 Roanoke, VA 24014 Save-X USA, Inc. 130 Sycamore Avenue, Roanoke, VA 24012 Ethel Gravely 4156 Southern Lane, S.W. Roanoke, VA 24014 Estate of Loraine K. Dasovitch e/o~-~ame~. ~. TrinkI~ ~/~ Administrator C.T.Aj 120 Kirk Avenue, S.W. Roanoke, VA 24011 U. L. Perdue 4402 Old Rocky Mount Road, S.W. Roanoke, VA 24014 W. R. Grant Route 7, Box 223 Salem, VA 24153 James H. & Martha T. Jordon 4237 Griffin Road, S.W. Roanoke, VA 24014 Walter Lee & Clemonteen Andrews 4263 Griffin Road, S.W. Roanoke, VA 24014 Lear H. McGhee 4305 Griffin Road, S.W. Roanoke, VA 24014 Richard & Margaret C. Harris 4313 Griffin Road, S.W. Roanoke, VA 24014 Joy Faye ~ Logan 4323 Griffin Road, S.W. ~/o Roanoke, VA 24014 Heirs of Terry Waits 383 Evergreen Street Apartment 2 Pawtucket, RI 02867 87.08-01-02 87.12-01-21 88.05-01-01 Roanoke County Old Heritage Corp. P. O. Box 8425 Roanoke, VA 24014 Hunting Hills Land Corp. c/o Henry Scholz, Jr. P. O. Box 8425 Roanoke, VA 24014 Old Heritage Corp. P. O. Box 8425 Roanoke, VA 24014 ROBERTS ~LLOW OAK NILL ~ ASTOR ST BOOK CHUKAR ELK HILL HEATHERTO# £AMPGROLI,¥O City Council City of Roanoke c/o Mary L. Parker Municipal Building Roanoke, Virginia JOLLY, FRALIN & CLEMENS 'ROANOKE. VIRGINIA 24001 October 11, 1979 Roanoke Office of Community Rezoning two parcels of land situated on U. S. Planning& Economic Development Route 220 South more fully described on attached Exhibit "A", and being official tax no. 5460101 as to the 49.23 acres, and official tax no. 5470119 as to the 16.16 acres Dear Council Members: Your undersigned petitioners believe that the rezoning of the subject tracts of land is in keeping with the intent of the Zoning Ordinances of the City of Roanoke, and will be in the best interest of the community and, further, your petitioners hereby proffer and agree that the requested rezoning of the property in accordance with the provisions of the Zoning Ordinance of the City of Roanoke will be subject to the following conditions: (1) The intersection of Pheasant Ridge Road and Rt. 220 will be located so as to coincide with the intersection of Crossbow Drive and U. S. 220r provided the location of the intersection is approved by the Virginia Department of Highways. This intersection will be the only crossover requested along U. S. 220 and the front of the captioned property; (2) (3) A landscape architect will designate the landscaping along Rt. 220, Rt. 789 and Van Winkle Road in such a manner as to be compatible with the beautification of the area, and in such a manner to soften the impact of parking and structures. The City of Roanoke will be requested to review and provide input into all landscape planning; A soil erosion plan will be submitted prior to any disturbance of ground which will provide that hydro-seeding and other covers will be used for all exposed areas; (4) An additional width, up to twenty-five feet, will be provided for a service road along Rt. 220 at any time within five years, provided the adjoining land owners on each side of the herein described property donate the necessary land to provide for the access road; City Council City ~f Roanoke Ronaoke, Virginia Page - 2 October 11, 1979 (.5) (6) (7) (9) The wooded areas presently adjoining the property lines of the Southern Hills Subdivision will be maintained as a wooded area for an average width of at least fifty feet from the property line. The wooded areas to be zoned RG-1 along Van Winkle Road and Rt.' 789 will be maintained as wooded areas at an average width of at least fifty feet from the property line and no building or parking areas will be constructed closer than an average width of fifty feet from the property lines; No signs will be permitted advertising businesses that are not located on the premises, provided however, t-his will not prohibit any "For Sale" or "For Rent" signs; No more than fourteen dwelling units per acre will be built in any RG-1 area; Proper drainage facilities will be installed to carry all surface water across the property herein described. Any drainage installation will include adequate sized pipes to carry the drainage across the property herein described; The area to be zoned C-2, designated as Parcel B on map made by Gifford O. Vernon, AIA, Architect, September 7, 1979, shall be developed as a motel. If construction is not begun for a motel on this site within six years from the date of rezoning of the subject property, said property shall automatically be reclassified to Office and Institutional C-1 zoning. mjs By Sincerely yours, W. H. Fralin Their Attorney Attachment '" I Ar' NOMgEF', - 92 500354 PUBLISHER'S FEE - $246.24 DANIEL F LAYMAN P C BOX ROANOKE VA 2400~ STATE OF VIRC, I)IIA : ITY OF ROAMOKE AFFIDAVIT OF PUBLICATION I, (THE UNDERSIGNED) AN OFFICER OF TIMES-WORLD COPPORATION, WHICH COR- PORATION IS PUBLISHER OF THE ROANOKE TIMES & W©RLD-NEWS~ A DAILY NEWSPAPER ~UBLISHED IN ROANOKE~ IN THE STATE OF VIRGINIA, DO CERTIFY THAT THE ANNEXED ~IOTICE WAS PUBLISHED IN SAID NEWSPAPERS [;N THE FgLL(]WtNG DATES 09/26/86 MORNING 10/03/86 MORNING ~ITNESS, THIS~6TH DAY OF OCTOBER 1986 OFFICEP'S S IGNATUR~/' NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: RECEIYED CITY CLERKS '86 ~T13 Pt:29 NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant to the provisions of Article VII of Chapter 36, Code of the City of Roanoke (1979), as amended, the Council of the City of Roanoke will hold a Public Hearing on Monday, October 13, 1986, at 7:30 p.m., in the Council Chamber in the Municipal Building, 215 Church Avenue, S. W., in the said city, on the question of rezoning the following property, located in the City of Roanoke, Virginia, on the east side of U.S. Route 220 (south) (Franklin Road) at its intersection with Southern Hills Lane (Virginia Route 722): (1) Official Tax No. 5470117, and the rear por- tions of Official Tax Nos. 5470116 (approximately 640 feet of the rear thereof) and 5470118 (approximately 845 feet of the rear thereof), from RS-3, Single Family Residential District, to C-2, General Commercial District. (2) two portions of Official Tax No. 5470119, both of which are now zoned C-1, Office and Institu- tional District, proposed to be rezoned to C-2, General Commercial District. The two portions of this parcel are described as follows: (i) BEGINNING at a point on the easterly right-of- way line of U.S. Route 220 and being a common corner with the southwest corner of Billy H. Branch Property (Tax No. 5470119) and with the northwest corner of the property of Daniel S. Dasovich and Lorraine K. Dasovich (Tax No. 5470120); thence with Branch in an easterly direction, N. 73o 56' 00" E., 610.00 feet to the actual point of BEGINNING, and said point being the easterly line of property presently zoned C-2; thence leaving the southerly line of Branch property and following the pre- sently C-2 zoned line in a northerly direction, N. 18o 49' 45" W., 550.22 feet to a point; thence leaving the line of present C-2 zoning and in a southeasterly direc- tion, S 27° 07' 35" E., 559.95 feet to a point; and said point being on the southerly line of property of Billy H. Branch and being a common line with property of U. L. · erdue (Tax No. 5470121); thence with Perdue in a westerly direetion, S 73° 56' 00" W., 80.90 feet to the place of BEGINNING and containing 0.51 acres. (ii) BEGINNING at a point located on the easterly right-of-way line of U. So Route 220 and being a common corner with the southwest corner of property of Richard C. Pattisall and Mary H. Pattisall and with property of Billy H. Branch (Tax No. 5470119); thence with Pattisall in an easterly direction, N. 69° 44" 00" E, 625.00 feet to the actual point of BEGINNING; thence continuing with Pattisall in an easterly direction N. 69° 44' 00" E. 487.49 feet to a point and being the southeast corner of the Pattisall property; thence leaving Pattisall and with Billy H. Branch, S. 39° 04' 00" Eo, 67.07 feet to a point; thence S. 76° 34' 20" W., 150.60 feet to a point and the P.C. of a curve; thence with a curve to the left and which curve is defined by a delta angle of 6° 50' 21", a radius of 2,889.79 feet, an arc of 344.94 feet, a chord of 344.73 feet and bearing S. 73° 09' 10" W., to the P. T. of the curve; thence continuing in a southwesterly direction, S. 69° 44' 00" W., 16.08 feet to a point and said point being on the easterly line of presently C-2 zoned property; thence with the easterly side of existing C-2 zoned property and in a northerly direction, N. 18° 49' 45" W., 25.01 feet to the place of BEGINNING and containing 0.43 acres. This rezoning is to be subject to certain conditions prof- fered by the petitioner. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. Ail parties in interest and citizens may appear on the above date and be heard on the question. GIVEN under my hand this 24th day of September , 1986. Please publish in full twice, once on Friday, September 26, 1986, and once on Friday, October 3, 1986, in The Roanoke Times and World News, Morning Edition. Please send publisher's affidavit to: Ms. Mary F. Parker, City Clerk Room 456, Municipal Building Roanoke, Virginia 24011 Mary F. Parker City Clerk Please bill to: Mr. Daniel F. Layman, Jr., P. O. Box 720 Roanoke, Virginia 24004 Attorney September 22, 1986 File #51 Mr. Daniel F. Layman, Jr. Attorney P. O. Box 720 Roanoke, Virginia 24004 Dear Mr. Layman: 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 clients, Barry E. Dotson & Associates, Inc., that four tracts of land located on the east side of U.S. Route 220 South (Franklin Road) at its intersection with Southern Hills Lane (Virginia Route 722), designated as portions of Official Tax Nos. 5470116, 5470118, 5470119, and all of Official Tax No. 5470117, be rezoned from RS-3, Single Family Residential District and C-1, Office and Institutional District, to C-2, General Commercial District, subject to certain proffered conditions. Pursuant to Resolution No. 25523 adopted by the Council of the City of Roanoke at its meeting on Monday, April 6, 1981, a public hearing on the abovedescribed request has been set for Monday, October 13, 1986, at 7:30 p.m., in the Council Chamber, fourth floor of the Municipal Building. For your information, I am also enclosing copy of a notice of the public hearing and an Ordinance providing for the rezoning, which were prepared by the City Attorney's Office. Please review the Ordinance and if you have any questions, you may contact Mr. William M. Hackworth, Assistant City Attorney, at 981-2431. Sincerely, Mary F. Parker, CMC City Clerk MFP:se Room456 MunlcipalBuildlng 215C~urchAve~ue, S.W. Roano~e, Vlrglnla24011 (703)981-2541 Mr. Daniel F. Layman, Page 2 September 22, 1986 Jr, cc: Mr. Billy H. Branch, P. O. Box 8158, Roanoke, Virginia 24014 Save-X, USA, Inc., 130 Sycamore Avenue, N. E., Roanoke, Virginia 24012 Ms. Ethel Gravely, 4156 Southern Lane, S. W., Roanoke, Virginia 24014 Estate of Loraine K. Dasovitch, c/o Zane Grey Saker, P. O. Box 1855, Huntington, West Virginia 25719 Mr. U. L. Perdue, 4402 Old Rocky Mount Road, S. W., Roanoke, Virginia 24014 Mr. W. R. Grant, Route 7, Box 223, Salem, Virginia' 24153 Mr. and Mrs. James H. Jordon, 4237 Griffin Road, S. W., Roanoke, Virginia 24014 Mr. and Mrs. Walter L. Andrews, 4263 Griffin Road, S. W., Roanoke, Virginia 24014 Mr. Lear H. McGhee, 4305 Griffin Road, S. W., Roanoke, Virginia 24014 Mr. and Mrs. Richard Harris, 4313 Griffin Road, S. W., Roanoke, Virginia 24014 Ms. Joy Faye Logan, c/o Ms. Joy Paige Logan, 4323 Griffin Road, S. W., Roanoke, Virginia 24014 Heirs of Terry Waits, 383 Evergreen Street, Apt. 2, Pawtucket, Rhode Island 02867 Old Heritage Corporation, P. O. Box 8425, Roanoke, Virginia 24014 Hunting Hills Land Corporation, c/o Mr. Henry Scholz, Jr., P. O. Box 8425, Roanoke, Virginia 24014 Mr. Gordon N. Dixon, Executive Director, Fifth Planning District Commission, P. O. Box 2569, Roanoke, Virginia 24010 Mr. W. Robert Herbert, City Manager Mr. Earl B. Reynolds, Jr., Assistant City Manager Mrs. Susan S. Goode, Chairman, City Planning Commission Mrs. Martha P. Franklin, Secretary, City Planning Commission Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Mr. Kit B. Kiser, Director of Utilities and Operations Mr. Ronald H. Miller, Building Commissioner and Zoning Administrator Mr. L. E1wood Norris, Chairman, Board of Zoning Appeals Mr. Von W. Moody, III, Director of Real Estate Valuation Ms. Doris Layne, Office of Real Estate Valuation Mr. William M. Hackworth, Assistant City Attorney Mr. Wilburn C. Dibling, Jr., City Attorney TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE REZONING OF: 'B6 ,~! ?5 Request from Barry E. Dotson & Associates, Inc., represented by ) Daniel F. Layman, Jr., Attorney, that four tracts of land located ) on the east side of U.S. Route 220, South, more specifically set ) out below, be conditionally rezoned. Said tracts to be rezoned ) are as follows: rear portions of parcels designated as Official ) Tax Nos. 5470116 and 5470118 and all of Official Tax No. 5470117, )AF- be rezoned from RS-3, Single Family Residential District, to C-2, )FI- General Commercial District; and a triangular portion of Official )DA- Tax No. 5470119, lying immediately east of the area now zoned C-2,)VIT measuring approximately 520 feet by 578 feet, and a strip of ) parcel no. 5470119, varying from approximately 20 feet to 67 feet ) wide, immediately south of Official Tax No. 5470118, beginning at ) a point 625 feet east of Route 220, be rezoned from C-i, Office ) and Institutional District to C-2, General Commercial District. ) COMMONWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) The affiant, Kimberly D. Spoon, first being duly sworn, states that she is a Secretary in the Office of Community Planning, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of ~t5.1-341) 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 25th day of August, 1986, notices of a public hearing to be held on the 3rd day of September, 1986, on the rezoning captioned above to the owner or agent of the parcels listed PARCEL OWNER, AGENT OR OCCUPANT ADDRESS 5460101 Billy H. Branch P.O. Box 8158 Roanoke, VA 24014 5470105 Save-X USA, Inc. 130 Sycamore Avenue, NE Roanoke, VA 24012 5470115 Ethel Gravely 4156 Southern Lane, SW Roanoke, VA 24014 5470120 Estate of Loraine K. Dasovitch P.O. Box 1855 c/o Zane Grey Saker Huntington, WV 25719 5470121 U.L. Perdue 4402 Old Rocky Mount Road Roanoke, VA 24014 5470201 W.R. Grant Route 7, Box 223 Salem, VA 24153 5470202 James H. & Martha T. Jordon 4237 Griffin Road, SW Roanoke, VA 24014 5470203 Walter L. & Clemonteen Andrews 4263 Griffin Road, SW Roanoke, VA 24014 5470204 Lear H. McGhee 4305 Griffin Road, SW Roanoke, VA 24014 below at their last known address: 5470205 5470206 5470501 87.08-01-02 88.05-01-01 87.12-0-21 Richard & Margaret C. Harris Joy Faye Logan c/o Joy Paige Logan Heirs of Terry Waits Old Heritage Corp. Hunting Hills Land Corp. c/o Henry Scholz, Jr. 4313 Griffin Road, SW Roanoke, VA 24014 4323 Griffin Road, S.W. Roanoke, VA 24014 383 Evergreen Street Apt. 2 Pawtucket, RI 02867 P.O. Box 8425 Roanoke, VA 24014 P.O. Box 8425 Roanoke, VA 24014 Kimberly D. ~oon SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 25th day of August, 1986. Notary Public My Commission Expires: NOTICE OF PUBLIC HEARING BEFORE THE ROANOKE CITY PLANNING COMMISSION TO WHOM IT MAY CONCERN: The Roanoke City Planning Commission will hold a public hearing on Wednesday, September 3, 1986, at 1:30 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, fourth floor, Municipal Building, in order to consider the following: Request from Barry E. Dotson & Associates, Inc., represented by Daniel F. Layman, Jr., Attorney, that four tracts of land located on the east side of U.S. Route 220, South, more specifically set out below, be conditionally rezoned. Said tracts to be rezoned are as follows: (a) rear portions of parcels designated as Official Tax Nos. 5470116 and 5470118 and all of Official Tax No. 5470117, be rezoned from RS-3, Single Family Residential District, to C~2, General Commercial District. (b) a triangular portion of Official Tax No. 5470119, lying immediately east of the area now zoned C-2, measuring approximately 520 feet by 578 feet, and a strip of parcel no. 5470119, varying from approximately 20 feet to 67 feet wide, immediately south of Official Tax No. 5470118, beginning at a point 625 feet east of Route 220, be rezoned from C-i, Office and Institutional District to C-2, General Commercial District. A copy of said application is available for review in the Office of Community Planning, Room 355, Municipal Building. All parties in interest and citizens may appear on the above date and be heard on the matter. Martha P. Franklin, Secretary Roanoke City Planning Commission Please run in the morning edition on Tuesday, August 19, 1986 Please run in the evening edition on Tuesday, August 26, 1986 Please send affidavit of publication to: Office of Come,unity Planning, Room 355, Muncipal Building, Roanoke, VA 24011 Please bill: Mr. Daniel F. Layman, Jr., Attorney P.O. Box 720 Roanoke, VA 24004 Misc. g/8/86 - Council; C.Mgr. August 8, 1986 File #51 Mrs. Susan S. Goode Chairman City Planning Commission Roanoke, Virginia Dear Mrs. Goode: Pursuant to Section 36-538 of the Code of the City of RoanoKe (1979), as amended, I am enclosing copy of a petition and list of property owners from Mr. Daniel F. Layman, Jr., Attorney, repre- senting Barry E. Dotson & Associates, Inc., requesting that four tracts of land located on the east side of U.S. Route 220 South (Franklin Road) at its intersection with Southern Hills Lane (Virginia Route 722), be rezoned subject to certain proffered conditions, as follows: The rear portions of parcels designate~ as Ufficial Tax Nos. 5470116 and 5470118 and all of Official Tax No. 5470117, be rezoned from RS-3, Single Family ResiOential District, to C-2, General Commercial District; and A triangular portion of Official Tax No. 5470119 lying immediately east of the area now zoned C-2, measuring approximately 520 feet by 66 feet by 578 feet, and a strip varying from approximately 20 feet to 67 feet wide immediately south of Official Tax No. 5470118 beginning at a point 625 feet east of Route 220, Oe rezoned from C-1, Office and Institutional District, to C-2, General Commercial Oistrict. Si ncerely, Mary F. Parker, CMC City Clerk Room456 Munlcl~DalBuildtng 215(~urchAve~ue, S.W. Roano~e, Vlrglnla24011 (703)981-2541 Mrs. Susan S. Goode Page 2 August 8, 1986 Eric o cc: Mr. Daniel F. Layman, Jr., Attorney, P. O. Box 720, Roanoke, Virginia 24004 Mrs. Martha P. Franklin, Secretary, City Planning Commission Mr. Ronald H. Miller, Zoning Administrator Mr. William M. Hackworth, Assistant City Attorney VIRGINIA: IN THE COUNCIL OF THE CITY OF ROANOKE IN RE: Rezoning of Four Tracts of Land Lying on the East Side of U.S. Route 220 (South) at Southern Hills Lane from RS-3 (Single Family Residential District) and C-1 (Office and Institutional District) to C-2 (General Commercial District) PETITION FOR REZONING TO: The Honorable Mayor and Members of the Council of the City of Roanoke (1) The petitioner, Barry E. Dotson & Associates, Inc., has contracted to purchase four contiguous tracts of land located in the City of Roanoke, Virginia, on the east side of U.S. Route 220 (South) (Franklin Road) at its intersection with Southern Hills Lane (Virginia Route 722). The Official Tax Number, acreage, and present zoning classification of these tracts are as follows: 5470116 7.426 acres 5470117 5470118 5470119** 1.47 acres 6.131 acres 16.16 acres Front 300± feet: C-2 Rear 640± feet: RS-3 RS-3 Front 300± feet: C-2 Rear 845± feet: RS-3 Front 625 feet: C-2 Remainder at rear:C-1 (**Only a central triangular portion, beginning at a point 625± feet from Route 220 and extending to a point 691± feet from Route 220 on the south, and a strip roughly 40 feet wide along the north boundary, of the tract are to be rezoned and added to the area presently zoned C-2 for acquisition. A plat to be filed prior to public hearings on the application will show the precise dimensions of the area to be rezoned.) A copy of Roanoke City Appraisal Map Sheet 547 showing the property to be rezoned is attached to this petition as Exhib- it A. (2) (a) Parcels 5470116, 5470118 and 5470119 are zoned C-2, General Commercial District, to a depth of approximately 300 feet from Route 220. Pursuant to Articles VII and VIII of Chapter 36 of the Code of the City of Roanoke (1979), the petitioner requests that the rear portions of parcels 5470116 and 5470118 and all of parcel 5470117 be rezoned from RS-3, Single Family Residential District, to C-2, General Commercial District; (b) The front 625 feet of parcel 5470119 is zoned C-2, General Commercial District, but the remainder of the tract has been automatically reclassified C-l, Office and Institutional District, pursuant to Ordinance No. 24898 adopted December 3, 1979. Petitioner accordingly requests that a triangular portion of parcel 5470119 lying immediately east of the area now zoned C-2, measuring roughly 520 feet by 66 feet by 578 feet, and a strip of parcel 5470119 varying from roughly 20 feet to 67 feet wide immediately south of parcel 5470118 beginning at a point 625 feet east of Route 220, be rezoned from C-l, Office and Institutional District, to C-2, General Commercial District. (3) The petitioner believes that the rezoning of this property will further the intent and purpose of the Zoning Ordinance and the Comprehensive Plan of the City of Roanoke in that it will permit the development of a large and generally -2- unsightly tract of land in an area that has to date been characterized by small, isolated developments. The property as situated is buffered from the residential areas to the north and east by existing vegetation. Properties fronting on Route 220 to the north are already developed with commercial uses, with which the proposed zoning and development will be compati- ble. Due to their location and topography, these tracts do not appear suited to residential development. (4) Attached as Exhibit B are the names and addresses of the owners of all property immediately adjacent to and across Route 220 from the property to be rezoned. Exhibit C attached lists the names and addresses of the present owners of the property to be rezoned. (5) The petitioner hereby proffers and agrees that if the property is rezoned as requested, the rezoning will be subject to the condition that the property will be used only for a retail shopping center and one or more separate outparcels with Petitioner agrees to be bound by this condi- compatible uses. tion. (6) It is the intention of the petitioner to request a subdivision of parcel 5470119, with the rear portion of that tract (which petitioner is not purchasing) to become a part of tax parcel 5460101. WHEREFORE, the petitioner requests that the above-described tract be rezoned as requested in accordance -3- with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted, BARRY E. DOTSON & ASSOCIATES, Of Daniel F. Layman, Jr. Woods, Rogers & Hazlegrove P. O. Box 720 Roanoke, VA 24004 Counsel for Barry E. Dotson & Associates, Inc. -4- EXHIBIT A / / Tax Map Number 5460101 5470104 5470115 5470120 5470121 5470201 5470202 5470203 5470204 5470205 5470206 5470501 EXHIBIT B ROANOKE CITY Owner Billy H. Branch P. O. Box 8158 Roanoke, VA 24014 Save-X USA, Inc. 130 Sycamore Avenue, Roanoke, VA 24012 NoE. Ethel Gravely 4156 Southern Lane, S.W. Roanoke, VA 24014 Estate of Loraine K. Dasovitch c/o James L. Trinkle Administrator C.T.A. 120 Kirk Avenue, S.W. Roanoke, VA 24011 U. L. Perdue 4402 Old Rocky Mount Road, S.W. Roanoke, VA 24014 W. R. Grant Route 7, Box 223 Salem, VA 24153 James H. & Martha T. Jordon 4237 Griffin Road, S.W. Roanoke, VA 24014 Walter Lee & Clemonteen Andrews 4263 Griffin Road, S.W. Roanoke, VA 24014 Lear H. McGhee 4305 Griffin Road, Roanoke, VA 24014 SoW, Richard & Margaret C. Harris 4313 Griffin Road, S.W. Roanoke, VA 24014 Joy Faye & Joy Paige Logan 4323 Griffin Road, S.W. Roanoke, VA 24014 Heirs of Terry Waits 383 Evergreen Street Apartment 2 Pawtucket, RI 02867 87.08-01-02 Roanoke County Old Heritage Corp. P. O. Box 8425 Roanoke, VA 24014 87.12-01-21 Hunting Hills Land Corp. c/o Henry Scholz, Jr. P. O. Box 8425 Roanoke, VA 24014 88.05-01-01 Old Heritage Corp. P. O. Box 8425 Roanoke, VA 24014 EXHIBIT C 5470116 University Theater, Inc. c/o Multi Cinema P. O. Box 11428 Charlotte, NC 28209 5470117 Same 5470118 Richard C. Pattisall et al. 4838 Buckhorn Road, S.W. Roanoke, VA 24014 5460101 Billy H. Branch P. O. Box 8158 Roanoke, VA 24014 NOTICE: FILES REGARDING ORDINANCE NO. 28389-102086 AND NO. 28390-102086 ARE MISSING FROM THE AGENDA FOLDER. Office of the City Clerk October 24, 1986 File #137-306 Mr. Wilburn C. Dibling, Jr. City Attorney Roanoke, Virginia Dear Mr. Dibling: At the regular meeting of the Council of the City of Roanoke on Monday, October 20, 1986, you were requested to prepare the proper measure urging the State's Committee on District Courts to certify the vacancy to be created by the retirement of the Honorable James P. Brice, with copy of the measure to be transmitted to the City's representatives to the General Assembly. Si ncerely, Mary F. Parker, CMC City Clerk MFP:se Room 456 Municipal Building 215 C~urc~ Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541