The URL can be used to link to this page

Home My WebLink AboutCouncil Actions 03-21-05! 05 ROANOKE CITY COUNCIL REGULAR SESSION MARCH 21,2005 2:00 P.M. CITY COUNCIL CHAMBER AGENDA 1. Call to Order--Roll Call. The Invocation was delivered by Council Member Sherman P. Lea. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Harris. Welcome. Mayor Harris. NOTICE: The Council meeting will be replayed on Channel 3 on Wednesday, March 23, 2005, at 7:00 p.m., and Sunday, March 27, 2005, at 4:00 p.m. Council meetings are offered with closed captioning for the hearing impaired. ANNOUNCEMENTS: THE PUBLIC IS ADVISED THAT MEMBERS OF COUNCIL RECEIVE THE CITY COUNCIL AGENDA AND RELATED COMMUNICATIONS, REPORTS, ORDINANCES AND RESOLUTIONS, ETC., ON THE THURSDAY PRIOR TO THE COUNCIL MEETING TO PROVIDE SUFFICIENT TIME FOR REVIEW OF INFORMATION. CITIZENS WHO ARE INTERESTED IN OBTAINING A COPY OF ANY ITEM LISTED ON THE AGENDA MAY CONTACT THE CITY CLERK'S OFFICE, ROOM 456, NOEL C. TAYLOR MUNICIPAL BUILDING, 215 CHURCH AVENUE, S. W., OR CALL 853-2541. THE CITY CLERK'S OFFICE PROVIDES THE M~ORITY OF THE CITY COUNCIL AGENDA ON THE INTERNET FOR VIEWING AND RESEARCH PURPOSES. TO ACCESS AGENDA MATERIAL, GO TO THE CITY'S HOMEPAGE AT WWW.ROANOKEVA.GOV. CLICK ON THE ROANOKE CITY COUNCIL ICON, CLICK ON MEETINGS AND AGENDAS, AND DOWNLOAD THE ADOBE ACROBAT SOFTWARE TO ACCESS THE AGENDA. ALL PERSONS WISHING TO ADDRESS COUNCIL ARE REQUESTED TO REGISTER WITH THE STAFF ASSISTANT WHO IS LOCATED ATTHE ENTRANCE TO THE COUNCIL CHAMBER. ON THE SAME AGENDA ITEM, ONE TO FOUR SPEAKERS WILL BE ALLO'I-rED FIVE MINUTES EACH, HOWEVER, IF THERE ARE MORE THAN FOUR SPEAKERS, EACH SPEAKER WILL BE ALLOTTED THREE MINUTES. ANY PERSON WHO IS INTERESTED IN SERVING ON A CITY COUNCIL APPOINTED AUTHORITY, BOARD, COMMISSION OR COMMI'I-FEE IS REQUESTED TO CONTACT THE CITY CLERK'S OFFICE AT 853-2541, OR ACCESS THE CITY'S HOMEPAGE AT WWW.ROANOKEVA.GOV, TO OBTAIN AN APPLICATION. 2. PRESENTATIONS AND ACKNOWLEDGEMENTS: Results of the "Ecybermission Project". Gareth McAIlister, Facilities Manager, Spokesperson. File #23-209 2 3. CONSENT AGENDA C-1 C-2 C-3 C-4 Approved (7-0) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE MEMBERS OF CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. A communication from Mayor C. Nelson Harris requesting that Council convene in a Closed Meeting to discuss vacancies on certain authorities, boards, commissions and committees appointed by Council, and to interview two applicants for appointment to the Roanoke Regional Airport Commission, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in the request. File #9-110-132 A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss disposition of publicly-owned property, where discussion in open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2-3711 (A)(3), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in the request. File #132 A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss acquisition of real property for public purposes, where discussion in open meeting would adversely affect the bargaining position or negotiating strategy of the City, pursuant to Section 2.2-3711 (A)(3), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in the request. File #132 Qualification of the following persons: LoraJ. Katz as a member of the Architectural Review Board, to fill the unexpired term of Robert B. Manetta, resigned, ending October 1,2006; Mark S. Lawrence as a member of the Parks and Recreation Advisory Board, for a term ending March 31,2007; and Carol D. Tuning as a member of the Fifth Planning District Disability Services Board, for a term ending January 31,2008. RECOMMENDED ACTION: Receive and file. File #15-67-72-110-249-353 REGULAR AGENDA 4. PUBLIC HEARINGS: NONE. 5. PETITIONS AND COMMUNICATIONS: NONE. 6. REPORTS OF OFFICERS: a. CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: Adoption of a resolution reestablishing the Downtown Residential Parking Program in certain City-owned or City- controlled parking garages. Adopted Resolution No. 36992-032105. (7-0) File #20-166-553 Acceptance of the Local Interoperability Communications Grant from the U. S. Department of Homeland Security, in the amount of $65,000.00. Adopted Budget Ordinance No. 36993-032105 and Resolution No. 36994-032105. (7-0) File #5-60 Authorization to execute the Fourth Amendment to the Roanoke Valley Resource Authority Members Use Agreement. Adopted Resolution No. 36995-032105. (7-0) File #253 4 7. REPORTS OF COMMYI-I'EES: NONE. 8. UNFINISHED BUSINESS: NONE. 9. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: A Resolution expressing the Council's opposition to a proposal bythe FAA to close the Air Traffic Control Tower located at Roanoke Regional Airport between the hours of midnight and 5:00 a.m. Adopted Resolution No. 36996-032105. (7-0) The City Manager was requested to forward a communication to those cities, counties and towns that are served by the R.o. anoke Regional Airport encouraging adoption of a similar measure. File #9 10. MOTIONS AND MISCELLANEOUS BUSINESS: Inquiries and/or comments by the Mayor and Members of City Council. Council Member Cutler reported on the Mid Winter Meeting of the National League of Cities which was held on March 11 - 15, 2005, in Washington, D. C. File #228 Council Member Dowe requested information on the paving schedule for Densmore Drive and the status of installation of sidewalk on 20th Street and Mercer Avenue, N. W. File #57-514 5 The Mayor called attention to the outstanding St. Patrick's Day Parade and Celtic Festival which was held on Saturday, March. 18 in downtown Roanoke, and expressed appreciation to the Members of Council for their participation. He commended Event Zone and others who were responsible for coordinating the festivities. File #132-31 7 The Mayor also called attention to the public unveiling of the new Art Museum of Western Virginia in downtown Roanoke on March 21 at. 1:30 p.m., which will be an outstanding cultural initiative for the City of Roanoke. He expressed appreciation to the Board of Directors and the Executive Director of the Art Museum for their leadership. File #416 Vacancies on certain authorities, boards, commissions and committees appointed by Council. 11. HEARING OF CITIZENS UPON PUBLIC MAq-I'ERS: CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE HEARD. MA'I-I'ERS REQUIRING REFERRAL TO THE CITY MANAGER WILL BE REFERRED IMMEDIATELY FOR RESPONSE, RECOMMENDATION OR REPORT TO COUNCIL. Mr. Jim Fields, 17 Ridgecrest Road, Hardy, Virginia, spoke in support of the renovation of Victory Stadium File #122 Mr. Tony Hairston, 1263 Tayloe Avenue, S. E., spoke with regard to homosexuality. File #328 6 12. CITY MANAGER COMMENTS: The City Manager also spoke with regard to the public unveiling of the new Art Museum in downtown Roanoke earlier in the day and commended the Mayor on the manner in which he represented the City of Roanoke. File #132-416 CERTIFICATION OF CLOSED SESSION. (7-0) The Council unanimously voted to conduct a public hearing at a future Council meeting to receive the views of citizens on the appointment of David Carson and William H. Lindsey as Trustees to the Roanoke City School Board. File #110-467 At 5:05 p.m., the Council meeting was declared in recess to be reconvened at 7:00 p.m., in the Council Chamber. ROANOKE CITY COUNCIL REGULAR SESSION MARCH 21,2005 7:00 P.M. CITY COUNCIL CHAMBER AGENDA Call to Order -- Roll Call. The Invocation was delivered by Council Member Alfred T. Dowe, Jr. The Piedge of Allegiance to the Flag of the United States of America was led by Mayor Harris. Welcome. Mayor Harris. NOTICE: The Council meeting will be replayed on Channel 3 on Wednesday, March 23, 2005, at 7:00 p.m., and Sunday, March 27, 2005, at 4:00 p.m. Council meetings are offered with closed captioning for the hearing impaired. A. PUBLIC HEARINGS: Request of Westwin of Roanoke, LLC, that a tract of land located at the southwesterly corner of Jefferson Street and Yellow Mountain Road, S. E., containing 2.055 acres, more or less, identified as Official Tax No· 4060601, be rezoned from Conditional C-1, Office District, to INPUD, Institutional Planned Unit Development District. David C. Helscher, Attorney. Adopted Ordinance No. 36997-032105. (7-0) File #51 Request of the City of Roanoke that a tract of land located at 3379 Colonial Avenue, S. W., consisting of 23.742 acres, more or less, identified as Official Tax Nos. 1570101, be rezoned from RS-2, Residential Single Family District, to RPUD, Residential Planned Unit Development District, subject to certain conditions proffered by the petitioner. Darlene L. Burcham, City Manager· Adopted Ordinance No. 36998-032105. (7-0) File #51 Proposal of the City of Roanoke to extend the lease of a City-owned structure known as the Alexander-Gish House, located in Highland Park, together with the outbuilding and parking lot, to Old Southwest, Inc., for a period of five years· Darlene L. Burcham, City Manager. Adopted Ordinance No. 36999-032105. (7-0) File #166-373 Proposed amendment of Section 36.1-690, General authority and procedure, Division 5, Amendments, of Chapter 36.1, Zoninq, Code of the City of Roanoke (1979), as amended, by deleting subsections (g) and (h) relating to minimum acreage requirements. R. Brian Townsend, Agent, City Planning Commission· Adopted Ordinance No. 37000-032105. (7-0) File ://:24-51 B. OTHER BUSINESS: NONE. C. HEARING OF CITIZENS UPON PUBLIC MA'I-FERS: CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE HEARD. MA'I-FERS REQUIRING REFERRAL TO THE CITY MANAGER WILL BE REFERRED IMMEDIATELY FOR RESPONSE, RECOMMENDATION OR REPORT TO COUNCIL. The following persons addressed Council with regard to continuation of the Blue Ridge Technical Academy: Ms. Karen W. Meiss - 1019 Welton Avenue, S. W. Ms. Phyllis Brennan - 4156 Hershberger Road, N. W. Ms. Sharon Yanosky - 316 Howard Road, Salem, Virginia Mr. Jerome Nance - 4224 Tennessee Avenue, N. W. Ms. Shannon Allen - 2625 Broad Street, N. W. Ms. Monica McWarren - 1652 Garstland Drive, N. W. Mr. Patricia Chambers - 3425 Pittsfield Avenue, N. W. Ms. Alita D. Ashe - 5784 Littleton Road, Roanoke County File #467 Mr. Joe Schupp, 2323 South Jefferson Street, spoke with regard to the culling of deer in the City of Roanoke. File #54-212 Ms. Oglivier Quarles, 2205 Montauk Road, N. W., spoke with regard to activities of the methadone clinic on Hershberger Road, N. W. File #66-76 Mr. Robert Gravely, 727 29th Street, N. W., spoke with regard to the methadone clinic on Hershberger Road, the regional jail, the spending of taxpayers' money on .a new Art Museum in downtown Roanoke and a new branding logo for the City of Roanoke, and insufficient wages for City employees. File #18-66-79-184-416 Mr. Jim Fields, 17 Ridgecrest Road, Hardy, Virginia, spoke with regard to the renovation of Victory Stadium. File #122 CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com March 21,2005 The Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: I would like to sponsor a request from Gareth McAIlister, Facilities Manager, for a group of students to present to Council the results of a student project titled "Ecybermission Project". R~spectfully sub_mitred, Darlene L. B~i:ham City Manager DLB:sm c: City Attorney Director of Finance City Clerk C. NELSON HARRIS Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 CHURCH AVENUE, S.W., ROOM 452 ROANOKE, VIRGINIA 24011-1594 TELEPHONE: (540) 853 24~4 FAX: (540) 853-1145 March 21, 2005 The Honorable Vice-Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Members of Council: This is to request a Closed Meeting to discuss vacancies on certain authorities, boards, commissions and committees appointed by Council, and to interview two applicants for appointment to the Roanoke Regional Airport Commission, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended. Sincerely, CNH:snh C. Nelson Harris Mayor CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.corn March 21,2005 The Honorable Mayor and Members of City Council Roanoke, Virginia SubJect: Request for closed meeting Dear Mayor Harris and Council Members: This is to request that City Council convene a closed meeting to discuss the disposition of publicly-owned property, where discussion in open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to §2.2-37! 1.A.3, Code of Virginia (1950), as amended. Sincerely, % ........ City Manager DLB/s C: William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Mary F. Parker, City Clerk CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.corn March 21,2005 The Honorable Mayor and Members of City Council Roanoke, Virginia Subject: Request for closed meeting Dear Mayor Harris and Council Members: This is to request that City Council convene a closed meeting to discuss the acquisition of real property for a public purpose, where discussion in open meeting would adversely affect the bargaining position or negotiating strategy of the City, pursuant to §2.2-3711(A)(3), of the Code of Virginial950), as amended. DLB/f Sincerely, City Manager C: City Attorney Director of Finance City Clerk Off ce of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk March 23, 2005 File #15-110-249 Martha P. Franklin, Secretary Architectural Review Board Roanoke, Virginia Dear Ms. Franklin: This is to advise you that LoraJ. Katz has qualified as a member of the Architectural Review Board, to fill the unexpired term of Robert B. Manetta, resigned, ending October 1, 2006. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew pc: Stephanie M. Moon, CMC, Deputy City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Lora J. Katz, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Architectural Review Board, to fill the unexpired term of Robert B. Manetta, resigned, ending October 1, 2006, according to the best of my ability (So help me God). Subscribed and sworn to before me this ~ day of/~//,~h' 2005. BRENDA L. HAMILTON, CLERK OF THE CIRCUIT COURT CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC Stephanie M. Moon, CMC City Clerk Deputy City Clerk Sheila N. Hartman Assistant City Clerk March 24, 2005 File #67-110 Carl H. Kopitzke, Vice-Chair Parks and Recreation Advisory Board 2314 Martin Lane, S. W. Roanoke, Virginia 24015 Dear Mr. Kopitzke: This is to advise you that Mark S. Lawrence has qualified as a member of the Parks and Recreation Advisory Board, for a term ending March 31,2007. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew pc: Steven C. Buschor, Director, Parks and Recreation Stephanie M. Moon, CMC, Deputy City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Mark S. Lawrence, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Parks and Recreation Advisory Board, for a term ending March 31,2007, according to the best of my ability (So help me God). Subscribed and sworn to before me this/~day of ~/~5. BRENDA L. HAMILTON, CLERK OF THE CIRCUIT COURT BY ~ ~+)~-/'/z'~ DEPUTY CLERK C:~vly FILES\DOCUMENTS~LA WRENCE.OATH.DOC ~ITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk March 23, 2005 File #:~5-72-:~10-353 Roslyn J. Kingery Administrative Support Fifth Planning District Disability Services Board P. O. Box 173 Salem, Virginia 24153 Dear Ms. Kingery: This is to advise you that Carol D. Tuning has qualified as a member of the Fifth Planning District Disability Services Board for a term ending January 31, 2008. Sincerely, ~ Mary F. ', CMC City Clerk MFP:ew pc: Stephanie M. Moon, CMC, Deputy City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Carol D. Tuning, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Fifth Planning District Disability Services Board, for a term ending January 31, 2008, according to the best of my ability (So help me God). Subscribed and sworn to before me this__l--day /~'c~ 200~'. L:\CLERKADATA\CKEWI\oath and leaving service\Fifth Planning Distdct Disability Services Board\Carol D Tuning.doc /CIT.Y.. OF R ANOKE Office of the City Clerk Mary F. Parker, CMC Stephanie M. Moon, CMC City Clerk Deputy City Clerk Sheila N. Hartman Assistant City Clerk March 24, 2005 File #20-166-553 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 36992-032105 continuing a program to provide for free parking for certain downtown residents in certain City owned or controlled parking garages, as more fully set forth in a letter from the City Manager addressed to the Council under date of March 21, 2005. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, March 21, 2005, and is in full force and effect upon its passage. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Attachment Darlene L. Burcham March 24, 2005 Page 2 pc: David Diaz, President, Downtown Roanoke, Inc., 213 Market Street, S. W., Roanoke, Virginia 24011 Jesse A. Hall, Director of Finance Sherman M. Stovall, Director, Office of Management and Budget Rolanda B. Russell, Assistant City Manager for Community Development R. Brian Townsend, Director, Planning, Building and Development Robert K. Bengtson, Director, Public Works Deborah J. Moses, Parking Coordinator IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of March, 2005. No. 36992-032105. A RESOLUTION continuing a program providing for free parking for certain downtown residents in certain City owned or controlled parking garages, as recommended by the City Manager. WHEREAS, this Council seeks to encourage persons to live downtown; and WHEREAS, the provision of adequate parking in the downtown area is critical to the success of City Council's goal of encouraging downtown housing. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. City Council approves and hereby continues the program to provide certain downtown residents free parking in certain City owned or controlled parking garages, the details of which are set forth in the City Manager's letter and attachment dated March 21, 2005. 2. This program shall be effective from April 1, 2005, through March 31, 2008, unless modified or terminated by City Council. 3. The City Manager is authorized to take such actions as may be needed to implement and administer such program. City Clerk. CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com March 21,2005 Honorable C. Nelson Harris, Mayor Honorable Beverly T. Fitzpatrick, Jr., Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Alfred T. Dowe, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Brenda L. McDaniel, Council Member Honorable Brian J. Wishneff, Council Member Dear Mayor Harris and Members of City Council: Subject: Reestablishment of Downtown Residential Parking Program In City Owned or Controlled Parking Garages Background: City Council previously approved a program to provide residents within the Downtown Service District free parking in certain City-owned or controlled parking garages (Resolution No. 35794-04-01-02). That action was in effect for three years and will expire on March 31, 2005. At this time, a total of 15 downtown residents utilize this program, inasmuch as the provision of adequate parking in the downtown area remains critical to the success of Roanoke's goal of encouraging downtown housing, the program should be reestablished in accordance with the attached provisions. (Attachment A) Such program would be effective for 3 years, from April 1, 2005, through March 31, 2008. One new provision has been added to the proposed program, which is set out in Attachment A, which would allow the residents of downtown housing units that are physically connected to a City-owned or controlled parking garage to park in that garage in parking spaces reserved for their use. Such physical connections must be approved by the City. Honorable Mayor and Members of City Council March 21,2005 Page 2 Recommendation: City Council adopt a resolution approving and reestablishing the above referenced program, as amended and as described in Attachment A, to provide residents within the Downtown Service District free parking in certain City- owned or controlled parking garages. City Council provide that such program be effective from April 1,2005, through March 31, 2008, unless modified or terminated by City Council and authorize the City Manager to take such actions as may be needed to implement and administer such program. Respectfully submitted, City Manager DLB/RKB/gpe Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Robert K. Bengtson, P.E., Director of Public Works Rolanda Russell, Assistant City Manager, Community Development Brian Townsend, Director, Planning, Building & Development Debbie Moses, HRCC Director CM05-00029 Attachment A To Council Letter CM05-00029 Provisions for a Residential Parking Program for Certain City owned or controlled Parking Garages 1. Residents of Downtown may be permitted to park for no charge in certain City owned or controlled parking garages (the one nearest their housing) at any time. This would be limited to up to two (2) vehicles per residential unit, based upon the number of occupants (if only one resident, then only one vehicle). The garages to which the program applies shall be Church Avenue, Century Station, Market Square, Wachovia Tower, and Williamson Road. 2. Vehicles shall be required to display a current City Of Roanoke parking tag that would be issued by the manager of the parking garage and renewed every year and will be subject to the rules and regulations applicable to such garage, except there will be no monthly charge. 3. A resident of Downtown is defined as a person who ia living in the area defined as the Downtown Service District south of the railroad tracks and who can show proof of residency through a rental agreement, property tax bill, currant utility bill, or currant telephone bill that shows a physical residential address within such area. The resident must also possess a current Virginia vehicle registration with such vehicle ragistsrad in the name of the resident and/or permanent occupant residing at the same address as the resident. 4. Parking is subject to availability in these garages, except where the structure of the rasident's housing unit is physically connected to the actual structure of one of the above referenced garages, in which case up to 2 parking spaces may be reserved, as referenced above, for the rssident's use, provided such physical connection has been approved by the City. 5. The manager of the parking garage will enforce parking usage in the City owned or controlled parking garages. 6. The City of Roanoke Parking coordinator or designee will certify every six months that parking applicants meet the resident criteria and that the rssident's vehicles display a current personal property tax decal (if applicable). 7. Parking tags will be revoked if found on a vehicle other than those of the Downtown resident and/or occupant as referenced above. 8. The City of Roanoke will not dismiss parking tickets issued to vehicles with expired parking tags. 9. The effective date of the program will be from April 1, 2005, through March 31, 2008, unless otherwise modified or terminated by City Council. CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC Stephanie M. Moon, CMC City Clerk Deputy City Clerk Sheila N. Hartman Assistant City Clerk March 24, 2005 File #5-60 Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Ordinance No. 36993-032105 appropriating $65,000.00 for the Interoperability Grant, and amending and reordaining certain sections of the 2004-2005 Grant Fund Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, March 21, 2005, and is in full force and effect upon its passage. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Attach ment pc: Darlene L. Burcham, City Manager Rolanda B. Russell, Assistant City Manager for Community Development Sherman M. Stovall, Director, Office of Management and Budget A. L. Gaskins, Chief of Police IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of March, 2005. No. 36993-032105. AN ORDINANCE to appropriate funds for the Interoperability Grant, amending and reordaining cedain sections of the 2004-2005 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2004-2005 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Systems Development Revenue Security Interoperable Communication 035-430-3460-9067 65,000 035-430-3460-3460 65,000 Pursuant to the provisions of Section 12 of the City Charier, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk March 24, 2005 File #5-60 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 36994-032105 authorizing acceptance of the U. S. Department of Homeland Security Local Interoperability Communications Grant made to the City of Roanoke by the Office for Domestic Preparedness, in the amount of $65,000.00. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, March 21, 2005, and is in full force and effect upon its passage. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Attachment pc: Jesse A. Hall, Director of Finance Rolanda B. Russell, Assistant City Manager for Community Development Sherman M. Stovall, Director, Office of Management and Budget A. L. Gaskins, Chief of Police IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of March, 2005. No. 36994-032105. Preparedness of a U. S. Department of Homeland Communications Grant in the amount of $65,000.00. A RESOLUTION authorizing the acceptance of the U. S. Department of Homeland Security Local Interoperability Communications Grant made to the City of Roanoke by the Office for Domestic Preparedness and authorizing the execution and filing by the City Manager of the conditions of the grant. BE IT RESOLVED by the Council of the City of Roanoke as follows: The City of Roanoke hereby accepts the offer made by the Office for Domestic Security Local Interoperability 2. The City Manager or the Assistant City Manager for Operations is hereby authorized to accept, execute and file on behalf of the City any documents setting forth the conditions of the U. S. Department of Homeland Security Local Interoperability Communications Grant as approved as to form by the City Attorney. 3. The City Manager or the Assistant City Manager for Operations is further directed to furnish such additional information as may be required by the Office for Domesitc Preparedness in connection with the City's acceptance of the foregoing grant or with such project. ATTEST: City Clerk K:~easures\lnteroperabillty communications grant for police 2005.doc CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com March 21,2005 Honorable Honorable Honorable Honorable Honorable Honorable Honorable C. Nelson Harris, Mayor Beverly T. Fitzpatrick, Jr., Vice Mayor M. Rupert Cutler, Council Member Alfred T. Dowe, Jr., Council Member Sherman P. Lea, Council Member Brenda L. McDaniel, Council Member Brian J. Wishneff, Council Member Dear Mayor Harris and member of Council: Subject: Interoperability Grant Background: The Office for Domestic Preparedness, under the U.S. Department of Homeland Security (DHS) has been awarded the City of Roanoke $65,000 from the Local Interoperable Communication Grant. DHS offers these funds to successful applicants for activities which improve interoperable radio communications in Virginia. The City of Roanoke has been awarded this grant funding in order to equip the Roanoke's Police Department mobile command center with an interoperable radio infrastructure as well as eight (8) radios. When installed, these radios can be used to communicate over virtually any radio frequency currently used by any public safety agency throughout the State of Virginia. This infrastructure and radio units will allow the use of may be used by analog or digital radio technology. Recommended Action: Accept the DHS Local Interoperability Communications Grant. Authorize the City Manager to execute the grant agreements and any related documents, subject Mayor Harris and Members of City Council March 21, 2005 Page 2 to them being approved as to form by the City Attorney. Appropriate funding totaling $65,000 and establish corresponding revenue estimates in accounts to be established by the Director of Finance in the Grant Fund. Respectfully submitted, Darlene L.~B~cham City Manager DLB:gws C' Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Rolanda B. Russell, Assistant City Manager A. L. Gaskins, Chief of Police CM05-00033 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk March 24, 2005 File #253 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 36995-032105 authorizing a Fourth Amendment to the Roanoke Valley Resource Authority Members Use Agreement. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, March 2:]., 2005, and is in full force and effect upon its passage. Sincerely,~~ '~' f~ Mary F. Parker, CMC City Clerk MFP:ew Attachment Darlene L. Burcham March 24, 2005 Page 2 pc: John R. Hubbard, Chief Executive Officer, Roanoke Valley Resource Authority, 1020 Hollins Road, N. E., Roanoke, Virginia 240:~2 Diane S. Childers, CMC, Clerk, Roanoke County Board of Supervisors, P. O. Box 29800, Roanoke, Virginia 24018 Darleen R. Bailey, Clerk, Town of Vinton, 31! S. Pollard Street, Vinton, Virginia 24179 Jesse A. Hall, Director of Finance Robert K. Bengtson, Director, Public Works Sherman M. Stovall, Direc.tor, Office of Management and Budget Paul J. Truntich, Jr., Environmental Administrator IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of March, 2005. No. 36995-032105. A RESOLUTION authorizing a Fourth Amendment to the Roanoke Valley Resource Authority Members Use Agreement. WHEREAS, the City of Roanoke, County of Roanoke, Town of Vinton and the Roanoke Valley Resource Authority (Authority) entered into the Roanoke Valley Resource Authority Members Use Agreement dated October 23, 1991 (the "Members Use Agreement"), as amended by the First Amendment to Roanoke Valley Resource Authority Members Use Agreement, dated June l, 1992, the Second Amendment to the Roanoke Valley Resource Authority Members Use Agreement, dated December 2, 1996, and the Third Amendment to Roanoke Valley Resource Authority Members Use Agreement, dated February l, 1999, pursuant to which the Authority agreed to acquire, construct and equip a regional waste disposal system (System) consisting ora landfill and transfer station and related structures and equipment, and to provide financing therefor in order to dispose of all nonhazardous solid waste delivered to the System by or on behalf of the County, the City, and the Town (collectively, the "Charter Members"); and WHEREAS, the Charter Members desire to amend further the Members Use Agreement to allow the Authority to sponsor Household Hazardous Waste Collection Day Events or to issue permits to entities to sponsor and conduct a Household Hazardous Waste Collection Day event at the Hollins Road Transfer Station site up to 3 times per calendar year and otherwise in compliance with applicable law. 1 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. City Council hereby approves the Fourth Amendment in substantially the form attached to the City Manager's letter dated March 21, 2005, as Attachment A. The City Manager and such officers and agents as she may designate are authorized and directed to execute and deliver the Fourth Amendment and the Clerk to the City Council is authorized to seal and attest the Fourth Amendment with such changes as such officers deem appropriate to carry out the purposes expressed therein. The form of such Fourth Amendment shah be approved by the City Attorney. 2. This Resolution shall take effect immediately. 3. The City Manager is authorized to take such actions and execute additional documents as may be needed to implement and administer such Fourth Amendment, such additional documents to be approved as to form by the City Attorney. ATTEST: City Clerk. 2 CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com March 21, 2005 Honorable C. Nelson Harris, Mayor Honorable Beverly T. Fitzpatrick, Jr., Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Alfred T. Dowe, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Brenda L. McDaniel, Council Member Honorable Brian J. Wishneff, Council Member Dear Mayor Harris and Members of City Council: Subject: Fourth Amendment to Roanoke Valley Resource Authority Members Use Agreement Background: The City of Roanoke coordinated several annual Household Hazardous Waste Collection Days in the Roanoke Valley in the years 2000 to 2003. Each of these events was conducted at the Roanoke Civic Center. At each event, a private contractor accepted the household hazardous waste from citizens and properly disposed of the waste, which prevented such waste items from being placed in the Smith Gap landfill or otherwise being disposed of improperly. Other local governments, namely Roanoke County, Botetourt County, the Town of Vinton, and City of Salem have participated in the previous events. In response to citizen feedback, participating staff from the City and neighboring governments have decided to alter the operation of the 2005 collection event by changing from one annual event servicing 1,000 - 1,200 participants to up to three events per year servicing approximately Mayor Harris and Members of City Council March 21,2005 Page 2 300 participants per event. Each participant would be required to pre- register and the actual event will be held on a Sunday. Due to the reduced number of participants per event, a location the size of the Roanoke Civic Center is not necessary to hold the event. Therefore, it was decided to hold the smaller collection events at the Roanoke Valley Resource Authority's Transfer Station located on Hollins Road in the City. Considerations: In order to use the Resource Authority property, the Roanoke Valley Resource Authority Members Use Agreement needs to be amended; this is the contract among the Resource Authority and the participating localities, which consist of Roanoke County, the City of Roanoke, and the Town of Vinton (Charter Members). A copy of the proposed fourth amendment is attached. (Attachment A). The amendment to the Members Use Agreement specifically allows the Authority to sponsor or issue a permit to an entity to sponsor a Household Hazardous Waste Collection Day at the Hollins Road facility. This will allow for the household hazardous waste to be accepted, but not stored or disposed of, on the site by a contractor, and will also allow residents of Salem, Botetourt, and other jurisdictions to participate. Since those two localities and others are not members of the Roanoke Valley Resource Authority, special permission from the Charter Members is needed to accept such waste at the site. Roanoke County and the Town of Vinton have approved such amendment and it is anticipated that the Resource Authority will also agree to this amendment. The City's Planning Department has determined that the City's Operating Criteria for the Transfer Station will allow for acceptance of the waste and the Sunday hours of operation. The amendment to the Members Use Agreement will have no fiscal impact. The City of Roanoke budgets for Household Hazardous Waste Collection Events within the VPDES Storm Water Quality Account (008- 530-9736). Mayor Harris and Members of City Council March 21,2005 Page 3 Recommended Action: Approve a Fourth Amendment to the Roanoke Valley Resource Authority Members Use Agreement, in a form substantially similar to the one attached. Authorize the City Manager to execute the Fourth Amendment, in a form substantially similar to the one attached and to take such further action and execute additional documents as may be needed to implement and administer such Amendment; such documents to be approved as to form by the City Attorney. Respectfully submitted, City Manage~; DLB:pjt C; Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Robert K Bengtson, Director of Public Works Paul J. Truntich Jr., Environmental Administrator CM05-00034 Attachment A to City Manager Letter CM05-00034 FOURTH AMENDMENT TO ROANOKE VALLEY RESOURCE AUTHORITY MEMBERS USE AGREEMENT This Fourth Amendment to Roanoke Valley Resource Authority Members Use Agreement (the "Fourth Amendment") is made as of , by and among the Roanoke Valley Resource Authority, as successor to the Roanoke County Resource Authority (the "Authority"), the County of Roanoke, Virginia, the City of Roanoke, Virginia, and the Town of Vinton, Virginia, each of which are political subdivisions of the Commonwealth of Virginia. RECITALS WHEREAS, the parties hereto entered into the Roanoke Valley Resource Authority Members Use Agreement dated October 23, 1991 (the "Members Use Agreement"), as amended by First Amendment to Roanoke Valley Resource Authority Members Use Agreement, dated as of June 1, 1992, Second Amendment to Roanoke Valley Resource Authority Members Use Agreement, dated December 2, 1996, and Third Amendment to Roanoke Valley Resource Authority Members Use Agreement, dated February 1, 1999, among the Authority, the County, the City, and the Town under which the Authority agreed to acquire, construct and equip a regional waste disposal system consisting of a landfill and transfer station and related structures and equipment, and to provide financing therefor in order to dispose of all nonba?ardous solid waste delivered to the System by or on behalf of the County, the City and the Town (collectively, the "Charter Members"); and, WHEREAS, the parties desire to amend the Members Use Agreement to allow the Authority to issue permits to entities to sponsor and conduct a Household Ha~'ardous Waste Collection Day event at the Hollins Road Transfer Station site up to 3 times per calendar year and otherwise in compliance with applicable law. In consideration of the foregoing, the Authority and the Charter Members each agree as follows: ARTICLE I Amendment The Members Use Agreement is hereby amended to provide, that notwithstanding any other term or provision to the contrary, and for as long as the Series 1992, 1998, and 1999 Revenue Bonds are outstanding under the Indenture of Trust, upon the affirmative vote of all City and County representatives on the Authority, the Authority shall be authorized to sponsor or to issue an appropriate permit to an entity to sponsor and conduct a Household Hazardous Waste Collection Day event at the Hollins Road Transfer Station site up to 3 times per calendar year and otherwise in compliance with applicable law, and such permit may allow for participation by properly authorized residents of jurisdictions other than the Charter Member jurisdictions and to include such other terms and conditions as deemed by the Authority to be in its best interests. Attachment A to City Manager Letter CM05-00034 ARTICLE II Miscellaneous 2.1 Severability of Invalid Provisions. If any clause, provision or section of this Fourth Amendment is held to be illegal or invalid by any court, the invalidity of the clause, provision, or section will not affect any of the remaining clauses, provisions or sections, and this Fourth Amendment will be construed and enforced as if the illegal or invalid clause, provision, or section had not been contained in it. 2.2 Counterparts. This Fourth Amendment may be executed in any number of counterparts, each of which, when so executed and delivered, will be an original, and the counterparts taken together will constitute one and the same instrument. 2.3 Governing Law. This Fourth Amendmem shall be governed by the laws of the Commonwealth of Virginia. 2.4 Amendments. This Fourth Amendmem may be amended only in accordance with the provisions of the Members Use Agreement. IN WITNESS WHEREOF, the parties have caused this Fourth Amendment to be executed as of the date above written. [signature blocks] MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Vuginia 24011 - 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk @ ci.roanoke.va.us March 24, 2005 File #9 STEPHANIE M. MOON, CMC Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk The Honorable Michael W. Altizer, Chair and Members of the Roanoke County Board of Supervisors P. O. Box 29800 Roanoke, Virginia 24018-0798 Gentlemen: I am enclosing copy of Resolution No. 36996-032105 expressing the opposition of the Council of the City of Roanoke to a proposal by the FAA to close the Air Traffic Control Tower located at Roanoke Regional Airport between the hours of midnight and 5:00 a.m. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, March 21, 2005, and is in full force and effect upon its passage. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Enclosure MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Xrlrginia 24011 - 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk @ ci.roanoke.va.us March 24, 2005 File #9 STEPHANIE M. MOON, CMC Deputy City Clerk SHEILA N. HARTMAN Assistam City Clerk Jacqueline L. Shuck, Executive Director Roanoke Regional Airport 5202 Aviation Drive, N. W. Roanoke, Virginia 24012-1148 Dear Ms. Shuck: I am enclosing copy of Resolution No. 36996-032:105 expressing the opposition of the Council of the City of Roanoke to a proposal by the FAA to close the Air Traffic Control Tower located at Roanoke Regional Airport between the hours of midnight and 5:00 a.m. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, March 2:1, 2005, and is in full force and effect upon its passage. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Enclosure pc.' Wayne G. Strickland, Executive Director, Roanoke Valley AIleghany Regional Planning Commission, P. O. Box 2569, Roanoke, Virginia 24010 Darlene L. Burcham, City Manager MARY E PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, xr~rginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1~45 E-mail: clerk @ ci.roanoke.va.u s STEPHANIE M. MOON, CMC Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk March 24, 2005 File #9 Marion C. Blakey, Administrator Federal Aviation Administration 800 Independence Avenue, S. W. Washington, D. C. 2059:1 Dear Ms. Blakey: I am enclosing copy of Resolution No. 36996-032105 expressing the opposition of the Council of the City of Roanoke to a proposal by the FAA to close the Air Traffic Control Tower located at Roanoke Regional Airport between the hours of midnight and 5:00 a.m. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, March 21, 2005, and is in full force and effect upon its passage. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Enclosure MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Vhginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk @ci.roanoke.va.us STEPHANIE M. MOON, CMC Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk March 24, 2005 File #9 The Honorable Carl B. Hutcherson, Jr., Mayor and Members of the Lynchburg City Council 900 Church Street Lynchburg, Virginia 24504 Dear Mayor Hutcherson and Members of Council: I am enclosing copy of Resolution No. 36996-032105 expressing the opposition of the Council of the City of Roanoke to a proposal by the FAA to close the Air Traffic Control Tower located at Roanoke Regional Airport between the hours of midnight and 5:00 a.m. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, March 21, 2005, and is in full force and effect upon its passage. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Enclosure MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, ¥~rginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk @ el.roanoke.vagus STEPHANIE M. MOON, CMC Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk March 24, 2005 File #9 The Honorable Virgil H. Goode, Jr. 1520 Longworth House Office Building Washington, D. C. 20515-4605 Dear Congressman Goode: I am enclosing copy of Resolution No. 36996-032105 expressing the opposition of the Council of the City of Roanoke to a proposal by the FAA to close the Air Traffic Control Tower located at Roanoke Regional Airport between the hours of midnight and 5:00 a.m. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, March 21, 2005, and is in full force and effect upon its passage. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Enclosure MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, V'uginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk @ ci.roanoke.va.us STEPHANIE M. MOON, CMC Depmy City Clerk SHEILA N. HARTMAN Assistam City Clerk March 24, 2005 File #9 The Honorable Rick Boucher 2187 Rayburn House Office Building Washington, D. C. 205:~5 Dear Congressman Boucher: I am enclosing copy of Resolution No. 36996-032105 expressing the opposition of the Council of the City of Roanoke to a proposal by the FAA to close the Air Traffic Control Tower located at Roanoke Regional Airport between the hours of midnight and 5:00 a.m. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, March 21, 2005, and is in full force and effect upon its passage. Sincerely, Mary F. Pa~r er, CMC City Clerk MFP:ew Enclosure MARY E PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, V'u~ginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-I145 E-mail: clerk @ ci.roanoke.va.us STEPHANIE M. MOON, CMC Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk March 24, 2005 File #9 The Honorable Robert W. Goodlatte 2240 Rayburn House Office Building Washington, D.C. 20515 Dear Congressman Goodlatte: I am enclosing copy of Resolution No. 36996-032105 expressing the opposition of the Council of the City of Roanoke to a proposal by the FAA to close the Air Traffic Control Tower located at Roanoke Regional Airport between the hours of midnight and 5:00 a.m. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, March 2:1, 2005, and is in full force and effect upon its passage. Mary F. Parker, CMC City Clerk MFP:ew Enclosure MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Vh'ginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk @ ci.roanoke.va.u s STEPHANIE M. MOON, CMC Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk March 24, 2005 File #9 The Honorable George F. Allen 204 Russell Senate Office Building Washington, D.C. 20510 Dear Senator Allen: I am enclosing copy of Resolution No. 36996-032105 expressing the opposition of the Council of the City of Roanoke to a proposal by the FAA to close the Air Traffic Control Tower located at Roanoke Regional Airport between the hours of midnight and 5:00 a.m. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, March 21, 2005, and is in full force and effect upon its passage. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Enclosure MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, ¥1rginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk @ ci.roanoke.va.us STEPHANIE M. MOON, CMC Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk March 24, 2005 File #9 The Honorable John W. Warner 225 Russell Senate Office Building Washington, D.C. 20510 Dear Senator Warner: I am enclosing copy of Resolution No. 36996-032105 expressing the opposition of the Council of the City of Roanoke to a proposal by the FAA to close the Air Traffic Control Tower located at Roanoke Regional Airport between the hours of midnight and 5:00 a.m. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, March 21, 2005, and is in full force and effect upon its passage. Sincerely, City Clerk MFP:ew Enclosure MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, xrn~nia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk @ ci.roanoke.va.us March 24, 2005 STEPHANIE M. MOON, CMC Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk File #9 B. Clayton Goodman, III, Administrator Montgomery County John N. Holpe, Manager City of Covington Richard Huff, II, Administrator Franklin County F. Craig Meadows, Manager City of Bedford Kevin Boggess, Manager Town of Vinton Gerald Burgess, Administrator Botetourt County Tom E. Harris, Manager Town of Clifton Forge Keith Holland, Manager Town of Rocky Mount Tammy D. Stephenson, Administrator Alleghany County Ladies and Gentlemen: Pete Huber, Administrator Pulaski County Forest G. Jones, Manager City of Salem Larry V. Moore, Sr., Administrator Craig County Dave Rundgren, Director New River Valley PDC R. Lance Terpenny, Manager Town of Christiansburg Anthony Cox, Manager City of Radford Kathleen D. Guzi, Interim Administrator Bedford County Chris McKlarney, Administrator Giles County Marc A. Verniel, Interim Manager Town of Blacksburg I am enclosing copy of Resolution No. 36996-032:~05 expressing the opposition of the Council of the City of Roanoke to a proposal by the FAA to close the Air Traffic Control Tower located at Roanoke Regional Airport between the hours of midnight and 5:00 a.m. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held On Monday, March 21, 2005, and is in full force and effect upon its passage. MFP:ew Enclosure Sincerely, Mary F. City Clerk CMC IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 215t day of March, 2005. No. 36996-032105. A RESOLUTION expressing the Council's opposition to a proposal by the FAA to close the Air Traffic Control Tower located at Roanoke Regional Airport between the hours of midnight and 5:00 a.m. WHEREAS, Roanoke's Air Traffic Control Tower ("Roanoke Tower") was operated at the Roanoke Regional Airport on a 24-hour basis for many years until its hours were limited by the Federal Aviation Administration ("FAA") after the air traffic controllers' strike in the early 1980s; WHEREAS, in order to protect the public and promote economic development in the air service area served by the Roanoke Regional Airport, which area consists of 19 counties and contains more than three-quarters of a million people, the Roanoke Regional Airport Commission, the City of Roanoke, the County of Roanoke, and federal legislative representatives worked tirelessly for more than fifteen years to restore 24-hour tower operations; WHEREAS, the 24-hour local coverage was finally re-established at the Roanoke Regional Airport in July 1999; WHEREAS, the FAA has recently proposed that the Roanoke Tower again be closed between the hours of midnight and 5 a.m. as a way to cut costs; WHEREAS, the safety and terrain issues present in 1999 remain today; and WHEREAS, closing the Roanoke Tower during early morning hours would jeopardize unnecessarily public safety and harm economic development in the Roanoke Valley and in the region in the following ways: 1. The Roanoke Regional Airport is the largest airport and the Roanoke Tower is the only 24-hour tower in western and southwestern Virginia; the Roanoke Tower also is responsible for handling late night and early morning air traffic for the Lynchburg Regional Airport; 2. In order to provide for the well-being of pilots, passengers, and the citizens of the Roanoke Regional Airport air service area, it is most desirable and safer to have controllers in the Roanoke Tower at all times who can hear pilots and see the airfield in order to assist aircraft in difficulty and respond to emergency situations; 3. The same level of safety and response to aviation users of Roanoke Regional Airport and Lynchburg Regional Airport cannot be provided by controllers located at the FAA's Washington Center, which is over 200 miles fi.om Roanoke, available only by radio and already serving many other air service areas and hundreds of aircraft; 4. The Roanoke Regional Airport has cargo carriers operating large aircraft, general aviation aircraft, and occasional large jet charters, including, among others, aircraft carrying Virginia Tech athletic teams, which operate between the hours of midnight and 5:00 a.m. in reliance on the Roanoke Tower being in operation; 5. Although passenger aircraft frequently need to and do land at the Roanoke Regional Airport after midnight due to schedules, or weather and mechanical delays, passenger carriers will refuse to land at such times if the Roanoke Tower is closed; 6. Having the Roanoke Tower open and available to handle passenger and cargo aircraft on a 24-hour basis is vital to economic development and the growth of the Roanoke Valley; and 7. Due to visibility problems and the applicable FAA regulations, if the hours of the Roanoke Tower are limited, land between the Roanoke Tower and the intersection of the runways that is critical for future airport growth cannot be developed. NOW, THEREFORE, BE IT RES OLVED by the Council of the City of Roanoke as follows: 1. The Council adopts this means of expressing its strongest possible opposition to the FAA's proposal to close the Air Traffic Control Tower located at Roanoke Regional Airport between the hours of midnight and 5:00 a.m. 2. The City Clerk is directed to forward an attested copy of this resolution to The Honorable John Warner, The Honorable George Allen, The Honorable Robert W. Goodlatte, The Honorable Rick Boucher, The Honorable Virgil Goode, FAA Administrator Marion C. Blakey, The Honorable Chairman and Members of Roanoke County Board of Supervisors, The Honorable Mayor and Members of Lynchburg City Council, and the governing bodies ofthejurisdicti0ns served bythe Roanoke Regional Airport. ATTEST: City Clerk. MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 45 6 Roanoke, ~rtrginia 24011 - 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk @ ci.roanoke.va.us STEPHANIE M. MOON, CMC Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk March 24, 2005 File #51 David C. Helscher, Attorney Osterhoudt, Prillaman, Natt, Helscher, Yost, Maxwell and Ferguson P. O. Box 20487 Roanoke, Virginia 24018 Dear Mr. Helscher: I am enclosing copy of Ordinance No. 36997-032105 rezoning a tract of land located at the southwesterly corner of Jefferson Street and Yellow Mountain Road, S. E., containing 2.055 acres, more or less, identified as Official Tax No. 4060601, from Conditional C-1, Office District, to INPUD, Institutional Planned Unit Development District, as set forth in a Second Amended Petition filed in the City Clerk's Office on March 2, 2005. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, March 21, 2005, and is in full force and effect upon its passage. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Enclosure David C. Helscher March 24, 2005 Page 2 pc: Roanoke Hospital Association, P. O. Box 40032, Roanoke, Virginia 24022 Trustees, First Presbyterian Church, P. O. Box 8538, Roanoke, Virginia 24014 Henderson Davis Properties, LLC, 1010 2"* Street, S. W., Roanoke, Virginia 24015 Dorothy G. Laurie, 2208Jefferson Street, Unit 101, Roanoke, Virginia 24014 Ms. Elizabeth J. Pence, 2208 Jefferson Street, Unit 102, Roanoke, Virginia 24014 Mr. and Mrs. Carlton Waskey, 2208 Jefferson Street, Unit 103, Roanoke, Virginia 24014 Ms. Agnes G. Blair, 2208Jefferson Street, Unit 104, Roanoke, Virginia 24014 Mr. Harry R. Yates, Jr., 2208 Jefferson Street, Unit 105, Roanoke, Virginia 24014 Mr. and Mrs. Benjamin F. Bennett, 2208 Jefferson Street, Unit 106, Roanoke, Virginia 24014 Ms. Anne W. Taylor, 14312 West Shore Lane, Midlothian, Virginia 23112 Mr. HenryT. Brobst, 2208Jefferson Street, Unit 208, Roanoke, Virginia 24014 Ms. Ruth K. Althouse, 2208 Jefferson Street, Unit 209, Roanoke, Virginia 24014 Ms. Lois M. Densmore, 2208 Jefferson Street, Unit 210, Roanoke, Virginia 24014 Mr. and Mrs. William J. Thornton, 2208 Jefferson Street, Unit 211, Roanoke, Virginia 24014 Mr. and Mrs. William A. Magee, 2208 Jefferson Street, Unit 212, Roanoke, Virginia 24014 Mr. Gerald D. Lee, 2208Jefferson Street, Unit 213, Roanoke, Virginia 24014 Mr. and Mrs. Daniel B. Leonard, 4510 Silver CliffCourt, Castle Rock, Colorado 80108 Mr. George B. Cartledge, Jr., 2208 Jefferson Street, Unit 315, Roanoke, Virginia 24014 Ms. Dorothy J. Turner, 2208 Jefferson Street, Unit 316, Roanoke, Virginia 24014 Mr. Elmer O. Rodes, Jr., 2208 Jefferson Street, Unit 3!7, Roanoke, Virginia 24014 Mr. Leman Dudley, 1710 Dawn Lane, S. W., Roanoke, Virginia 24018 Mr. Garland L. Bowman, II, 2201 Yellow Mountain Road, S. E., Roanoke, Virginia 24014 Darlene L. Burcham, City Manager Jesse A. Hall, Director of Finance Susan S. Lower, Director, Real Estate Valuation Philip C. Schirmer, City Engineer Richard A. Rife, Chair, City Planning Commission, 1326 Grandin Road, S. W., Roanoke, Virginia 24015 Martha P. Franklin, Secretary, City Planning Commission Nancy C. Snodgrass, Zoning Administrator IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of March, 2005. No. 36997-032105. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 406 of the Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City; and dispensing with the second reading by title of this ordinance. WHEREAS, Westwin of Roanoke, LLC, has made application to the Council of the City of Roanoke to have the hereinafter described property rezoned from conditional C-l, Office District, to INPUD, Institutional Planne~l Unit Development District; WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on March 21, 2005, after due and timely notice thereof as required by §36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 406 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular manner and no other: That tract of land located at the southwesterly comer of Jefferson Street and Yellow Mountain Road, containing 2.055 acres, more or less, and designated on Sheet No. 406 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 4060601, be, and is hereby rezoned from conditional C- 1, Office District, to INPUD, Institutional Planned Unit Development District, as set forth in the Second Amended Petition filed in the Office of the City Clerk on March 2, 2005, and that Sheet No. 406 of the 1976 Zone Map be changed in this respect; 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. City Clerk. Architectural Review Board Board of Zoning Appeals Planning Commission CITY OF ROANOKE PLANNING BUILDING AND DEVELOPMENT 215 Church Avenue, S.W., Room 166 Roanoke, Virginia 24011 Telephone: (540) 853-1730 Fax: (540) 853-1230 E-mail: planning @ ci.roanoke.va.us March 21, 2005 Honorable C. Nelson Harris, Mayor Honorable Beverly T. Fitzpatrick, Jr., Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Alfred T. Dowe, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Brenda L. McDaniel, Council Member Honorable Brian J. Wishneff, Council Member Dear Mayor Harris and Members of City Council: Subject: Request from Westwin of Roanoke, LLC, represented by David C. Helscher, attorney, that property located at the southwesterly corner of Jefferson Street and Yellow Mountain Road, identified as Official Tax No. 4060601, be rezoned from C-1, Office District, to INPUD, Institutional Planned Unit Development District. Planning Commission Action: Planning Commission public hearing was held on Thursday, February 17, 2005. By a vote of 5-0 (Messrs. Butler, Rife, Scholz, Williams and Ms. Prince voting in favor; Mr. Chrisman absent; and Mr. Manetta abstaining), the Commission recommended approval of the Second Amended Petition for rezoning. Background: A rezoning petition was filed on December 2, 2004. A First Amended Petition was filed on December 7, 2004. The petition proposes to rezone Tax Map Number 4060601, consisting of 2.055 acres, from conditional C-1, Office District, to INPUD, Institutional Planned Unit Development District, in order to develop a 42-unit condominium development with two levels of parking, The current uses of the property are an off-site surface parking lot for Carillon Health Systems and an unoccupied dwelling. The Planning Commission held a public hearing on January 20, 2005. the petitioner's request, the matter was continued to the February 17, 2005, meeting in order to respond to Planning Commission and staff concerns. A Second Amended Petition was filed on March 1,2005, to reflect changes to the development plan as presented to the Planning Commission on February 17, 2005. At Considerations: The surrounding land uses and zoning districts include: · To the north and east across Yellow Mountain Road are the Crystal Spring Water Filtration Plant and Mill Mountain park land zoned RS- 3, Residential Single Family District. · To the south across 22® Street is a two-family dwelling and a multifamily condominium development zoned RM-2, Residential Multifamily Medium Density District. · To the west is a single family dwelling and the First Presbyterian Church zoned C-1, Office District. The proposed development is consistent with several design principles addressed in the following actions and statements in Vision 2001-2020: · Higher-density residential development should be concentrated within and immediately adjacent to village centers. (p. 91) · Building location and design should be considered as important elements of the streetscape and should be used to define the street corridor as a public place (p.95). · Building height and location should create a feeling of enclosure along a street. Residential and commercial buildings should be located very close to streets with Iow vehicle speeds (p.95). · Visual clutter and excessive lighting should be discouraged. Signs should be consolidated and attractively designed (p.92). The housing section of the South Roanoke Neighborhood Plan, completed in 1988, contains the following statements: "Residents indicated that single-family houses are needed in the neighborhood and the existing homes should be preserved as single- family structures.., to encourage home home-ownership for new families. Housing for elderly residents also is needed to provide for those wishing to remain or retire in South Roanoke. Apartments and condominiums were identified as important in fulfilling this need. The design of new residential construction was identified as a concern... New construction should be compatible with the existing residences and complement neighborhood character." This development provides multifamily and condominium opportunities without converting existing single-family structures. The design is compatible with the existing residences and will complement neighborhood character. The neighborhood plan further notes that parking was an issue with expansion of medical-related facilities in residential areas. All of the new residential units will have structured on-site parking. Even though the development will occupy what is now a commercial parking lot, it will not displace the existing parking supply. The petition satisfies the development standards for an INPUD, Institutional Development Planned Unit Development rezoning under Section 36.1-398 of the Zoning Ordinance. The proposed floor area ratio of 2.'24:1, which is below the maximum floor area ratio of 10:l. Although there is no minimum yard requirement, the proposed building is required to be no closer than 50 feet to any lot outside the INPUD district which is either a residential district or contains a residential use. The maximum height is limited to an average of 45 feet because the subject property abuts adjacent residential uses. The elevation drawings show the height calculations of the building on the Institutional Development Plan (Sheet 3 of 3) as 44.4 feet average height. The site area dedicated to open space is 37.8%, exceeding the district requirement of 20% of the gross lot area. Furthermore in accordance with district standards, no outdoor storage will be permitted on-site and no parking areas will be allowed less than fifteen feet to a lot outside the INPUD district which is either in a residential district or contains a residential use. The petition satisfies the INPUD, Institutional Planned Unit Development application requirements under Section 36.1-399 of the Zoning Ordinance. The general notes and drawings on the Institutional Development Plan address the submittal requirements. All parking facilities are labeled and detailed on the Institutional Development Plan (including two levels of structured parking under the building). Less than 10% of the parking is provided in the surface lots. Existing and proposed pedestrian routes are detailed on Sheets 1 and 2 of the Institutional Development Plan. Sheet 1 shows two pedestrian connections from the building to a sidewalk along Yellow Mountain Road and two pedestrian connections from the building to a sidewalk proposed for Jefferson Street. A sidewalk is illustrated along each of the three street frontages of the subject parcel on Sheet 1. 3 The Institutional Development Plan illustrates the proposed dedicated open spaces and required street trees. Being a triangular shaped lot with three street frontages, street frontage trees will create 6% canopy coverage. Existing trees will be preserved where possible, as shown on Sheet 1. The petitioner has responded to an earlier staff recommendation to add language to development note #7, that any removal of existing trees will be subject to City approval. The compatibility statement on Sheet 1, along with the elevations, satisfy the requirement that the building be architecturally consistent with buildings in the surrounding area. The height of the building varies due to the topography. The Jefferson Street fa(;ade will have the most exposure and more apparent height than the 22nd Street and Yellow Mountain Road facades. The Jefferson Street fa~;ade is adjacent to more intensely developed office and institutional uses to the north and west of the site. The bulk ofthe proposed building is in proportion with the large massing of multifamily, institutional, and office development on the surrounding properties. Details on site lighting are addressed by note #6 on the development plan, which states that, "No glare producing lighted activities will occur on the site. The maximum light level at the property lines shall be 0.5 footcandles." The petitioner has addressed staff concerns regarding user access to the waste container fronting on 22nd Street with the notation on the revised development plan that "resident access shall be from within the garage." The property is near the Crystal Spring Village Center and other institutional land uses immediately to the north and west. This location promotes the design principles of Vision 2001-2020 by locating higher density development in and near a village center. Furthermore, the property is located at a transition between commercial and residential zones. The proposed high density multifamily use will provide a good step down in intensity between commercial and lower density residential uses within the South Roanoke neighborhood. The adjacent residential land uses are primarily two-family and multifamily uses. Staff believes that additional traffic generated by the development can be managed with the existing street system. The only concern of the City Traffic Engineer was the Jefferson Street entrance because it was located too close to the Yellow Mountain Road intersection. The proposal presented in the First Amended Petition located the entrance in mid- block, which negatively impacted the design of the building and its relationship to the street. The petitioner responded to concerns about 4 the location of the Jefferson Street entrance and has resolved discrepancies between the development plan and the elevations. The centerline of the entrance will be located a minimum of 90' from the curb line of Yellow Mountain Road. Access has been changed to "right in/right out," which will be controlled with a raised median structure. Restricting turning movements will prevent stacking of left turning vehicles on Jefferson Street. The petitioner met with MarkJamison, City Traffic Engineer, to confirm that this approach is acceptable to his office. Staff has been contacted several times by Mr. Ben Bennett (2206 Jefferson Street, Unit 106). Mr. Bennett has forwarded a letter to the Planning Commission which outlines his concerns. Staff feels that many of Mr. Bennett's concerns relate to the operation of Carilion's facilities, which are not relevant to the consideration of the rezoning petition. Recommendation: By a vote of 5-0, the Commission recommended approval of the rezoning request. The petition satisfies the application requirements for the district and promotes the design principles of Vision 2001-2020, and is consistent with the South Roanoke Neighborhood Plan. CC: Respectfully submitted, Richard A. Rife, Chairman City Planning Commission Darlene L. Burcham, City Manager Rolanda Russell, Assistant City Manager for Community Development William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney David Helscher, Attorney for the Petitioner 0 o SECOND AMENDED PETITION IN THE COUNCIL OF THE CITY OF ROANOKE. VIRGINIA IN RE: Rezoning of property totaling 2.055 acres, more or less, identified as Tax Parcel No. 406060'1, (hereinafter "the property"), located at the southwesterly corner of Jefferson Street and Yellow Mountain Road, from conditional C-1 Office District to INPUD, Institutional Planned Unit Development District. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, WESTWlN OF ROANOKE, LLC, a Virginia limited liability company, is the contract purchaser of property containing 2.055 acres, more or less, also known as Tax Map No. 4060601, being a tract of land located at the southwest corner of Jefferson Street and Yellow Mountain Road, which tract is currently zoned conditional C-1, Office District. A map of the property to be rezoned is attached as Exhibit 1 and a metes and bounds description is attached as Exhibit 2. 1. Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioner, with the knowledge and consent of the owner, CHS, Inc., as evidenced by the attached Consent, attached hereto as Exhibit 3, requests that the PROPERTY to be re-zoned from conditional C-1 Office District, to INPUD, Institutional Planned Unit Development District, for the purpose of constructing a condominium which will include not more than 42 residential units and underground parking on the site. 2. The Petitioner believes the re-zoning 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 enable the parcel to be used both for an upscale residential project as well as to allow parking both for the residents and for CHS, Inc., the current owner of the property and March 1, 2005 its employees who work in the vicinity of this property. 3. Attached as Exhibit 4 are the names, addresses and tax numbers of the owners of all lots or property immediately adjacent to and immediately across a street or road from the property to be rezoned. 4. An Institutional Development Plan prepared by February 7, 2005, is attached as Exhibit 5-1.5-2 and 5-3. 5. Lumsden Associates dated As required by Section 36.1-399, the Petitioner represents that the following application requirements have been met:: (a) The boundaries of the INPUD District involved and the ownership of properties contained therein as well as all existing public and private streets, alleys and easements are shown on the attached development plan. (b) The location of all proposed parking facilities, including surface parking as well as underground parking are shown on the attached development plan. (c) There will be no change in the public streets adjoining the property and the entrances and exits are as depicted on the attached site plan. (d) All pedestrian routes as well as open space calculations are shown on the attached site plan. (e) The size and location of existing storm water, sanitary sewer and water lines are shown on the attached site plan as well as any proposed connection to those utilities. Petition believes that the proposed project will have no impact or a positive impact on the stormwater drainage as the existing parking lots are currently draining to an underground holding area and the new project will extend the storm drainage to existing stormwater drainage lines. 2 February 25, 2005 (f) Petitioner believes and therefore alleges that the compatibility of the proposed structures to be built by petitioner are compatible and consistent with the character and appearance of the surrounding neighborhood as shown on the attached site plan. The design of the building is intended to reflect its use as an urban residential community that is a transition between commercial and institutional uses north of the site and the mixed residential neighborhood.to the south. The building will be constructed in a Georgian classical style to emulate the character of the residential neighborhood. The building will be predominantly brick with stucco/drivit accents and trim. The base at the parking garage decks will be stucco with bronze or black metal painted screens to minimize view into the interior. The scale of the building is intended to be complementary to the adjacent properties. The Jefferson Street elevation is the commercial/institutional side of the building that reflects the scale of First Presbyterian Church, across the street and the hospital, which is in the next block. The 22"6 Street elevation is complimentary to the condominium constructed across the street, a three story brick building with a garage under. (g) There will be minimal exterior lighting and any such lighting will be directed to the structure or toward the ground and away from adjoining properties, to reduce glare. WHEREFORE, the petiti~oner requests that the above-described property be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. 3 February 25, 2005 Respectfully submitted this ~'1 dayof ,2005. WESTVtRN.~F ROANOKE, ~'LC~ OF COUNSEL David C. Helscher, Esq. OSTERHOUDT, PRiLLAMAN, NATT, HELSCHER, YOST, MAXWELL & FERGUSON, P.L.C. P. O. Box 20487 Roanoke, VA 24018-0049 Phone: (540) 725-8182 Fax: (540) 772-0126 VSB #12626 4 March 1, 2005 EXHIBIT 1 EXHIBIT 2 PROPERTY DESCRIPTION BEGINNING at an iron pin set at the southwesterly point of intersection of Yellow Mountain Road (variable width) and Jefferson Street (80 feet wide) at a point marked "1" on the hereinafter described plat; thence with Yellow Mountain Road the following three (3) courses and distances: S 58°26'00'' E 167 feet to a nail set In the concrete gutter marked "2"; S 12°13'05'' E 205.26 feet to an old iron pin at a point marked "3"; thence S 04042'28'' E 157.36 feet to a pin set at the point of intersection of Yellow Mountain Road and 22nu Street, SE, (60 feet wide); thence leaving Yellow Mountain Road and with the line of 22"~ Street, SE, N 67043'00'' W 383.20 feet to an old iron pin located on the southwesterly right of way tine of Jefferson Street; thence with the same, N 27030'00'' E 337.72 feet to the place of BEGINNING, and containing 2.055 acres and being official Tax Map Number 4060601 as more particularly shown on plat of survey made by David A. Bess, LS, dated October 28, 2004, entitled "Plat of Combining Made for CHS, Inc., a Virginia corporation, Combining a 0~115 Acre Portion of the Existing Right-of-Way of Yellow Mountain Road With Lots 1-10, Block 67 - 1.940 Acres Total - Crystal Spring Land Company Creating Hereon Lot 1 - 2.055 Acres Situate on Yellow Mountain Road, 22"d Street, SE, and Jefferson Street", recorded in the Clerk's Office of the Circuit Court of the City of Roanoke, Virginia, in Map Book 1, page 5 February 25, 2005 EXHIBIT 3 CONSENT STATEMENT The undersigned is the owner of Tax Parcel 4060601, being a 2.055 acre tract {hereinafter "property"), located at the southwest corner of Jefferson Street and Yellow Mountain Road. The undersigned has contracted to sell the property to Westwin of Roanoke, LLC, (hereinafter "Westwin"), and is aware of and consents to the rezoning petition filed by Westwin from the current conditional C-I, Office District to District. Institutional Planned Unit Development CHS, INC. Its ~ly authorized offider EXHIBIT 4 ADJOINING PROPERTY OWNER LISTING Tax Map No. 1041003 Owner: Roanoke Hospital Assn. Mailing address: P. O. Box 40032, Roanoke, VA 24022-003 2. Tax Map Nos. 1050601, 1050607, 1050608 Owner: Trustees, First Presbyterian Church Mailing address: P. O. Box 8538, Roanoke, VA 24014 3. Tax Map No. 4070103 Owner: Henderson Davis Properties, LLC Mailing address: 1010 2"~ Street, SW, Roanoke, VA 24016 Tax Map No. 4060502 Owner: City of Roanoke Water Dept. Mailing address: 215 Church Avenue, SW, Room 250, Roanoke, VA 24011 5. Tax Map No. 4070107 Owner: Dorothy G. Laurie Mailing address: 2208 Jefferson Street Unit 101, Roanoke VA 24014 6. Tax Map No. 4070108 Owner: Elizabeth J. Pence Mailing address: 2208 Jefferson Street, Unit 102, Roanoke, VA 24014 7. Tax Map No. 4070109 Owner: Carlton and Marianne Waskey Mailing address: 2208 Jefferson Street Unit 103, Roanoke VA 24014 Tax Map No. 4070110 Owner: Agnes G. Blair Mailing address: 2208 Jefferson Street, Unit 104, Roanoke VA 24014 9. Tax Map No. 4070111 Owner: Harry R. Yates, Jr. Mailing address: 2208 Jefferson Street, Unit 105, Roanoke, VA 24014 10. Tax Map No. 4070112 Owner: Benjamin F. and Constance R. Bennett Mailing address: 2208 Jefferson Street, Unit 106, Roanoke VA 24014 6 February 25, 2005 11. Tax Map No. 4070113 Owner: Anne Willis Taylor Mailing address: 14312 West Shore Lane, Midlothian, VA 23112 12. Tax Map No. 4070114 Owner: Henry T. Brobst Mailing address: 2208 Jefferson Street, Unit 208, Roanoke, VA 24014 13. Tax Map No. 4070115 Owner: Ruth K. Althouse Mailing address: 2208 Jefferson Street, Unit 209, Roanoke, VA 24014 14. Tax Map No. 4070116 Owner: Lois M. Densmore Mailing address: 2208 Jefferson Street, Unit 210, Roanoke, VA 24014 15. Tax Map No. 4070117 Owner: William J. and Barbara O. Thornton Mailing address: 2208 Jefferson Street, Unit 211, Roanoke, VA 24014 16. Tax Map No. 4070118 Owner: William A. and Virginia Wl Magee Mailing address: 2208 Jefferson Street, Unit 212, Roanoke, VA 24014 17. Tax Map No. 4070119 Owner: Gerald D. Lee Mailing address: 2208 Jefferson Street, Unit 313, Roanoke, VA 24014 18.Tax Map No. 4070120 Owner: Daniel B. and Nancy B. Leonard Mailing address: 4510 Silver Cliff Court, Castle Rock, CO 80108 19. Tax Map No. 4070121 Owner: George B. Cartledge, Jr. Mailing address: 2208 Jefferson Street, Unit 315, Roanoke, VA 24014 20. Tax Map No. 4070122 Owner: Dorothy J. Turner Mailing address: 2208 Jefferson Street, Unit 316, Roanoke, VA 24014 21 .Tax Map No. 4070123 Owner: Elmer O. Rodes, Jr. Mailing address: 2208 Jefferson Street, Unit 317, Roanoke, VA 24014 7 February 25. 2005 22. Tax Map No. 4070505 Owner: Leman Dudley Mailing address: 1710 Dawn Lane, Roanoke, VA 24018 23. Tax Map No. 4070201 Owner: Garland L. Bowman, II Mailing Address: 2201 Yellow Mountain Road, SE, Roanoke, VA 24014 F:\USE RS\tashley~Zoning~oning.doc 8 February 25, 2005 EXHIBIT 5-1 LUMSDEN ASSOCI ATE& P.C. ENGI NEERS-SURYEYORS-PLANNERS ROANOKE, VIRGINIA EXHIBIT 5-2 ~ , C~'~r~r ,,~ .[~ · , ~ ~ , .:... , ',. ' ~~') -' ~ ' ~ .... ~' '.. .. ..~ ~ ~,~ ".. ? ~~~~ '../ / " "" · : :.[ .':; ::.::: .,~,".~-~, =" "'~'""~"~ J LUMSDEN ASSOCIATES, P,C. 4~4B~BLETONAVENUE, SW ~" ~-=~~ ENGINEERS-SURVEYORS-PLANNERS PO BOX2~ ~: EXHIBIT 5-3 The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times .................................................. + ....................... OSTERHOUDT, PRILLAMAN, P.O. BOX 20487 ATTN: MIKE FERGUSON ROANOKE VA 24018 NATT REFERENCE: 80029174 05313517 NOTICEOFPUBLICHEARIN State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of Virgi~%a. Sworn and subscribed before me this ~ ~h~k~ day of March 2005. Witness my hand and official seal. PUBLISHED ON: 03/04 03/11 TOTAL COST: FILED ON: 253.00 03/16/05 NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant to the provisions of Article VII of Chapter 36.1, Code of the City of Roanoke (1979), as amended, the Council of the City of Roanoke will hold a Public Hearing on Monday, March 21, 2005, at 7:00 p.m., in the Council Chamber in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., on the question ofrezoning from conditional C-l, Office District, to INPUD, Institutional Planned Unit Development District, the following property: That tract of land located at the southwesterly comer of Jefferson Street and Yellow Mountain Road, containing 2.055 acres, more or less, identified as Official Tax No. 4060601. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building. All parties in interest may appear on the above date and be heard on the question. If you are a person with a disability who needs accommodations for this public hearing, contact the City Clerk's Office, 853-2541, by Thursday, March 17, 2005. GIVEN under my hand this 2nd day of March ., 2005. Mary F. Parker, City Clerk. K:/NOT ICES\N- R EZO - WESTWIN 032105 DOC Notice to Publisher: Publish in the Roanoke Times once on Friday, March 4, 2005 and Friday, March 11, 2005. Send affidavit to: Mary F. Parker, City Clerk 215 Church Avenue, S. W. Roanoke, Virginia 24011 (540) 853-2541 Send bill to: David C. Helscher, Esquire Osterhoudt, Prillaman, Natt, Helscher, Yost, Maxwell & Ferguson, P.L.C. P. O. Box 20487 Roanoke, Virginia 24108-0049 (540) 725-8182 MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, V'trginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk @ ci.roanoke.va.us STEPHANIE M. MOON, CMC Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk March 8, 2005 File #51 David C. Helscher, Attorney Osterhoudt, Prillaman, Natt, Helscher, Yost, Maxwell & Ferguson, PLC P. O. Box 20487 Roanoke, Virginia 24018-0049 Dear Mr. Helscher: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, March 21, 2005, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, on a request of Westwin of Roanoke, LLC, that a tract of land located at the southwesterly corner of Jefferson Street and Yellow Mountain Road, S. E., identified as Official Tax No. 4060601, be rezoned from C-1, Office District, to INPUD, Institutional Planned Unit Development District. For your information, I am enclosing copy of a report of the City Planning Commission and a notice of public hearing. Please review the documents and if you have questions, you may contact Steven J. Talevi, Assistant City Attorney, at 540-853-2431. Questions with regard to City Planning Commission report should be directed to the Department of Planning, Building and Development at 540-853-1730. K:~Public Hea~ngs~Public Hearings 2005~Vlar 05~Attorneys and Adjoining Property Owners.doc David C. Helscher, Attorney March 8, 2005 Page 2 It will be necessary for you, or your representative, to be present at the March 2! public hearing. Failure to appear could result in a deferral of the public hearing until a later date. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Enclosure K:~Public Hearings~Public Hearings 2005X/vlar 05~Attorncys and Adjoining Property Owners.doc MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk~ci.roanoke.va, us STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk March 8, 2005 File #51 Roanoke Hospital Association Trustees, First Presbyterian Church Henderson Davis Properties, LLC Ms. Dorothy G. Laurie Ms. Elizabeth J. Pence Mr. and Mrs. Carlton Waskey Ms. Agnes G. Blair Mr. Harry R. Yates, Jr. Mr. and Mrs. Benjamin F. Bennett Ms. Anne W. Taylor Mr. Henry T. Brobst Ms. Lois M. Densmore Mr. and Mrs. William J. Thornton Mr. and Mrs. William A. Magee Mr. Gerald D. Lee Mr. and Mrs. Daniel B. Leonard Mr. George t3. Cartledge, Jr. Ms. DorothyJ. Turner Mr. Elmer O. Rodes, Jr. Mr. Leman Dudley Mr. Garland L. Bowman, II Ms. Ruth K. Althouse Ladies and Gentlemen: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, March 21, 2005, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, on the request of David C. Helscher, Attorney, representing Westwin of Roanoke, LLC, that a tract of land located at the southwesterly corner of Jefferson Street and Yellow Mountain Road, S. E., identified as Official Tax No. 4060601, be rezoned from C-1, Office District, to INPUD, Institutional Planned Unit Development District. The City Planning Commission is recommending that Council approve the above referenced request for rezoning. If you would like to receive a copy of the report of the City Planning Commission, please call the City Clerk's Office at 540-853-2541. L:\CLERK~DATA\CKPSI~Public Hearings 2004ka. ttomeys and Adjoining Property Owners.doc Interested Property Owners and/or Adjoining Property Owners March 8, 2005 Page 2 This letter is provided for your information as an interested property owner and/or adjoining property owner. If you have questions with regard to the matter, please call the Department of Planning, Building and Development at 540-853-1730. Mary F. Parker, CMC City Clerk MFP:ew K:~Public Hearings~Public Hea~ngs 2005~Vlar 05~At~omeys and Adjoining Proper~ Owners.doc NOTICE OF PUBLIC HEARING BEFORE THE CITY OF ROANOKE PLANNING COMMISSION TO WHOM IT MAY CONCERN: The City of Roanoke Planning Commission will hold a public hearing on Thursday, January 20, 2005, at 1:30 p.m., or as soon as the matter may be heard, in the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., to consider the following: Request from Westwin of Roanoke, LLC, represented by David C. Helscher, attorney, that property located at the southwesterly corner of Jefferson Street and Yellow Mountain Road, identified as Official Tax No. 4060601, be rezoned from C-1, Office District, to INPUD, Institutional Planned Unit Development District. A copy of the application is available for review in the Department of Planning Building and Development, Room 166, Noel C. Taylor Municipal Building. All parties in interest and citizens may appear on the above date and be heard on the matter. If you are a person who needs accommodations for this hearing, please contact the Department of Planning Building and Development at 853-1730 before 12:00 noon on the Monday before the date of the hearing listed above. Martha P. Franklin, Secretary City of Roanoke Planning Commission Please bill: David C. Helscher, Esq. Osterhoudt, Prillaman, Natt, Helscher, Yost, Maxwell & Ferguson, PLC P O Box 20487 Roanoke, VA 24018-0049 (540) 725-8182 Please send affidavit of publication to: Martha P. Franklin, Department of Planning Building & Development Room 166, Municipal Building, 215 Church Avenue, S.W. Roanoke, VA 24011 (540) 853-1 730 TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE REZONING REQUEST OF: Westwin of Roanoke, LLC, to rezone property at the corner ) of Jefferson and Yellow Mtn. Road, S.W., Tax No. 4060601 ) AFFIDAVIT from C-2 to INPUD ) COMMONWEALTH OF VIRGINIA ) ) TO-WIT: CiTY OF ROANOKE ) The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.2-2204, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 27th day of December, 2004, notices of a public hearing to be held on the 20th day of January, 2005, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: Tax No. 1041003 1050601 1050607 1050608 1051009 4070103 4060502 4070107 407O1O8 4070109 4070110 4070111 4070112 Name Roanoke Hospital Assn. First Presbyterian Church Springview Venture Group Henderson Davis Properties, LLC Western Virginia Water Authority Dorothy G. Laurie Elizabeth J. Pence Carlton and Marianne Waskey Agnes G.Blair Harry R. Yates, Jr. Benjamin and Constance Bennett Mailinq Add.ss P O Box 40032 Roanoke, VA 24022-003 P OBox 8538 Roanoke, VA 24014 P O Box 2152 Roanoke, VA 24009 1010 2nd Street, SW Roanoke, VA 24016 2012 S. Jefferson Street Roanoke, VA 24014 2208 Jefferson St. Unit 101 Roanoke, VA 24014 2208 Jefferson St. Unit 102 Roanoke, VA 24014 2208 Jefferson St. Unit 103 Roanoke, VA 24014 2208 Jefferson St. Unit 104 Roanoke, VA 24014 2208 Jefferson St. Unit 105 Roanoke, VA 24014 2208 Jefferson St. Unit 106 Roanoke, VA 24014 4070113 4070114 4070115 4070116 4070117 4070118 4070119 4070120 4070121 4070122 4070123 4070505 4070201 Anne Willis Taylor Henry T. Brobst Ruth K. Althouse Lois Densmore William and Barbara Thornton William and Virginia Magee Gerald D. Lee Daniel and Nancy Leonard George B. Cartledge, Jr. Dorothy J. Turner Elmer O. Rodes, Jr. Leman Dudley Garland L. Bowman, II 14312 West Shore Lane Midlothian, VA 23112 2208 Jefferson St. Unit 208 Roanoke, VA 24014 2208 Jefferson St. Unit 209 Roanoke, VA 24014 2208 Jefferson St. Unit 210 Roanoke, VA 24014 2208 Jefferson St. Unit 211 Roanoke, VA 24014 2208 Jefferson St. Unit 212 Roanoke, VA 24014 2208 Jefferson St. Unit 313 Roanoke, VA 24014 4510 Silver Cliff Court Castle Rock, Coo 80108 2208 Jefferson St. Unit 315 Roanoke, VA 24014 2208 Jefferson St. Unit 316 Roanoke, VA 24014 2208 Jefferson St. Unit 317 Roanoke, VA 24014 1710 Dawn Lane Roanoke, VA 24018 2201 Yellow Mountain Road Roanoke, VA 24014 Also sent to: Frank Smith, Neighbors in S. Roanoke, 3021 Rosalind Avenue, SW 24014 Barbara Duerk, Neighbors in S. Roanoke, 2607 Rosalind Avenue, SW 24014 Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 27th day of December, 2004. Notary Public My Commission Expires ~..~-- ~:,~; --O~ TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE REZONING REQUEST OF: Westwin of Roanoke, LLC, to rezone property at the corner ) of Jefferson and Yellow Mtn. Road, S.W., Tax No. 4060601 ) AFFIDAVIT from C-2 to INPUD ) COMMONWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.2-2204, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 25th day of January, 2005, notices of a public hearing to be held on the 17th day of February, 2005, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: Tax No. 1041003 1050601 1050607 1050608 Name Roanoke Hospital Assn. First Presbyterian Church Mailinq Address P O Box 40032 Roanoke, VA 24022-003 P O Box 8538 Roanoke, VA 24014 1051009 P O Box 2152 Roanoke VA 24009 4070103 4060502 4070107 4070108 4070109 Springview Venture Group Henderson Davis Properties, LLC Western Virginia Water Authority Dorothy G. Laurie Elizabeth J. Pence Carlton and Marianne Waskey Agnes G.Blair Harry R. Yates, Jr. Benjamin and Constance Bennett 4070110 4070111 4070112 1010 2nd Street, SW Roanoke VA 24016 2012 S. Jefferson Street Roanoke VA 24014 2208 Jefferson St. Unit 101 Roanoke VA 24014 2208 Jefferson St. Unit 102 Roanoke VA 24014 2208 Jefferson St. Unit 103 Roanoke VA 24014 2208 Jefferson St. Unit 104 Roanoke VA 24014 2208 Jefferson St. Unit 105 Roanoke, VA 24014 2208 Jefferson St. Unit 106 Roanoke VA 24014 4070113 4070114 4070115 4070116 4070117 4070118 4070119 4070120 4070121 4070122 4070123 4070505 4070201 Also sent to: Anne Willis Taylor Henry T. Brobst Ruth K. Althouse Lois Densmore William and Barbara Thornton William and Virginia Magee Gerald D. Lee Daniel and Nancy Leonard George B. Cartledge, Jr. Dorothy J. Turner Elmer O. Rodes, Jr. Leman Dudley Garland L. Bowman, II 14312 West Shore Lane Midlothian VA 23112 2208 Jefferson St. Unit 208 Roanoke VA 24014 2208 Jefferson St. Unit 209 Roanoke VA 24014 2208 Jefferson St. Unit 210 Roanoke VA 24014 2208 Jefferson St. Unit 211 Roanoke VA 24014 2208 Jefferson St. Unit 212 Roanoke VA 24014 2208 Jefferson St. Unit 313 Roanoke VA 24014 4510 Silver Cliff Court Castle Rock, Coo 80108 2208 Jefferson St. Unit 315 Roanoke, VA 24014 2208 Jefferson St. Unit 316 Roanoke, VA 24014 2208 Jefferson St. Unit 317 Roanoke, VA 24014 1710 Dawn Lane Roanoke, VA 24018 2201 Yellow Mountain Road Roanoke, VA 24014 Frank Smith, Neighbors in S. Roanoke, 3021 Rosalind Avenue, SW 24014 Barbara Duerk, Neighbors in S. Roanoke, 2607 Rosalind Avenue, SW 24014 William Blair Godsey, 31151 West Ridge Read, 24014 Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 25th day of January, 2005. Notary Public My Commission Expires: ~/2 ~) O MARY E PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Xrtrginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk @ ci.roanoke.va.us March 2, 2005 STEPHANIE M. MOON, CMC Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk File #51 Richard A. Rife, Chair City Planning Commission 1326 Grandin Road, S. W. Roanoke, Virginia 24015 Dear Mr. Rife: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a second amended petition received in the City Clerk's Office on March 2, 2005, from David C. Helscher, Attorney, representing Westwin of Roanoke, LLC, requesting that a tract of land located at the southwesterly corner of Jefferson Street and Yellow Mountain Road, S. E., containing 2.055 acres, more or less, identified as Official Tax No. 4060601, be rezoned from C-1, Office District, to INPUD, Institutional Planned Unit Development District. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Enclosures pc: The Honorable Mayor and Members of the Roanoke City Council David C. Helscher, Attorney, Osterhoudt, Prillaman, Natt, Helscher, Yost, Maxwell & Ferguson, PLC, P. O. Box 20487, Roanoke, Virginia 24018-0049 Susan S. Lower, Director, Real Estate Valuation Martha P. Franklin, Secretary, City Planning Commission Philip C. Schirmer, City Engineer William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney K:\REZONING AND STREET CLOSURE\Rezonings - Street Alley Closure 05 \March OS\second amendment Westwin.doc SECOND AMENDED PETITION IN THE COUNCIL OF THE CITY OF ROANOKE. VIRGINIA IN RE: Rezoning of property totaling 2.055 acres, more or less, identified as Tax Parcel No. 4060601, (hereinafter "the property"), located at the southwesterly corner of Jefferson Street and Yellow Mountain Road, from conditional C-1 Office District to INPUD, Institutional Planned Unit Development District. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, WESTWIN OF ROANOKE, LLC, a Virginia limited liability company, is the contract purchaser of property containing 2.055 acres, more or less, also known as Tax Map No. 4060601, being a tract of land located at the southwest corner of Jefferson Street and Yellow Mountain Road, which tract is currently zoned conditional C-1, Office District. A map of the property to be rezoned is attached as Exhibit 1 and a metes and bounds description is attached as Exhibit 2. 1. Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioner, with the knowledge and consent of: the owner, CHS, Inc., as evidenced by the attached Consent, attached hereto as Exhibit 3, requests that the PROPERTY to be re-zoned from conditional C-1 Office District, to INPUD, Institutional Planned Unit Development District, for the purpose of constructing a condominium which will include not more than 42 residential units and underground parking on the site. 2. The Petitioner believes the re-zoning 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 enable the parcel to be used both for an upscale residential project as well as to allow parking both for the residents and for CHS, Inc., the current owner of the property and March 1, 2005 its employees who work in the vicinity of this property. 3. Attached as Exhibit 4 are the names, addresses and tax numbers of the owners of all lots or property immediately adjacent to and immediately across a street or road from the property to be rezoned. 4. An Institutional Development Plan prepared by Lumsden February 7, 2005, is attached as Exhibit 5-1.5-2 and 5-3. 5. Associates dated As required by Section 36.1-399, the Petitioner represents that the following application requirements have been met:: (a) The boundaries of the INPUD District involved and the ownership of properties contained therein as well as all existing public and private streets, alleys and easements are shown on the attached development plan. (b) The location of all proposed parking facilities, including surface parking as well as underground parking are shown on the attached development plan. (c) There will be no change in the public streets adjoining the property and the entrances and exits are as depicted on the attached site plan. (d) All pedestrian routes as well as open space calculations are shown on the attached site plan. (e) The size and location of existing storm water, sanitary sewer and water lines are shown on the attached site plan as well as any proposed connection to those utilities. Petition believes that the proposed project will have no impact or a positive impact on the stormwater drainage as the existing parking lots are currently draining to an underground holding area and the new project will extend the storm drainage to existing stormwater drainage lines. 2 Februaqv 25, 2005 (f) Petitioner believes and therefore alleges that the compatibility of the proposed structures to be built by petitioner are compatible and consistent with the character and appearance of the surrounding neighborhood as shown on the attached site plan. The design of the building is intended to reflect its use as an urban residential community that is a transition between commercial and institutional uses north of the site and the mixed residential neighborhood to the south. The building will be constructed in a Georgian classical style to emulate the character of the residential neighborhood. The building will be predominantly brick with stucco/drivit accents and trim. The base at the parking garage decks will be stucco with bronze or black metal painted screens to minimize view into the interior. The scale of the building is intended to be complementary to the adjacent properties. The Jefferson Street elevation is the commercial/institutional side of the building that reflects the scale of First Presbyterian Church, across the street and the hospital, which is in the next block. The 22nd Street elevation is complimentary to the condominium constructed across the street, a three stow brick building with a garage under. (g) There will be minimal exterior lighting and any such lighting will be directed to the structure or toward the ground and away from adjoining properties, to reduce glare. WHEREFORE, the petitioner requests that the above-described property be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. 3 February 25, 2005 Respectfully submitted this ~ dayof ,2005. WEST~F ~O~ANOKE/~C~ OF COUNSEL David C. Helscher, Esq. OSTERHOUDT, PRILLAMAN, NATT, HELSCHER, YOST, MAXWELL & FERGUSON, P.L.C. P. O. Box 20487 Roanoke, VA 24018-0049 Phone: (540) 725-8182 Fax: (540) 772-0126 VSB #12626 4 March 1, 2005 EXHIBIT 1 JEFFERSON STREET. EXHIBIT :~ PROPERTY DESCRIPTION BEGINNING at an iron pin set at the southwesterly point of intersection of Yellow Mountain Road (variable width) and Jefferson Street (80 feet wide) at a point marked "1" on the hereinafter described plat; thence with Yellow Mountain Road the following three (3) courses and distances: S 58°26'00" E 167 feet to a nail set In the concrete gutter marked "2"; S 12°13'05" E 205.26 feet to an old iron pin at a point marked "3"; thence S 04042'28" E 157.36 feet to a pin set at the point of intersection of Yellow Mountain Road and 22"d Street, SE, (60 feet wide); thence leaving Yellow Mountain Road and with the line of 22n~ Street, SE, N 67043'00'' W 383.20 feet to an old iron pin located on the southwesterly right of way line of Jefferson Street; thence with the same, N 27°30'00'' E 337.72 feet to the place of BEGINNING, and containing 2.055 acres and being official Tax Map Number 4060601 as more particularly shown on plat of survey made by David A. Bess, LS, dated October 28, 2004, entitled "Plat of Combining Made for CHS, Inc., a Virginia corporation, Combining a 0.115 Acre Portion of the Existing Right-of-Way of Yellow Mountain Road With Lots 1-10, Block 67 - 1.940 Acres Total - Crystal Spring Land Company Creating Hereon Lot 1 - 2.055 Acres Situate on Yellow Mountain Road, 22nd Street, SE, and Jefferson Street", recorded in the Clerk's Office of the Circuit Court of the City of Roanoke, Virginia, in Map Book 1, page 5 February 25, 2005 EXHIBIT 3 CONSENT STATEMENT The undersigned is the owner of Tax Parcel 4060601, being a 2.055 acre tract {hereinafter "property"), located at the southwest corner of Jefferson Street and Yellow Mountain Road. The undersigned has contracted to sell the property to Westwin of Roanoke, LLC, (hereinafter "Westwin"), and is aware of and consents to the rezoning petition filed by Westwin from the current conditional C-l, Office District to Institutional Planned Unit Development District. CHS, INC. Its ~a~ly authorized offider EXHIBIT 4 ADJOINING PROPERTY OWNER LISTING 1. Tax Map No. 1041003 Owner: Roanoke Hospital Assn. Mailing address: P. O. Box 40032, Roanoke, VA 24022-003 2. Tax Map Nos. 1050601, 1050607, 1050608 Owner: Trustees, First Presbyterian Church Mailing address: P. O. Box 8538, Roanoke, VA 24014 3. Tax Map No. 4070103 Owner: Henderson Davis Properties, LLC Mailing address: 1010 2nd Street, SW, Roanoke, VA 24016 Tax Map No. 4060502 Owner: City of Roanoke Water Dept. Mailing address: 215 Church Avenue, SW, Room 250, Roanoke, VA 24011 Tax Map No. 4070107 Owner: Dorothy G. Laurie Mailing address: 2208 Jefferson Street, Unit 101, Roanoke, VA 24014 6. Tax Map No. 4070108 Owner: Elizabeth J. Pence Mailing address: 2208 Jefferson Street, Unit 102, Roanoke, VA 24014 7. Tax Map No. 4070109 Owner: Carlton and Marianne Waskey Mailing address: 2208 Jefferson Street, Unit 103, Roanoke, VA 24014 8. Tax Map No. 4070110 Owner: Agnes G. Blair Mailing address: 2208 Jefferson Street, Unit 104, Roanoke, VA 24014 9. Tax Map No. 4070111 Owner: Harry R. Yates, Jr. Mailing address: 2208 Jefferson Street, Unit 105, Roanoke, VA 24014 10.Tax Map No. 4070112 Owner: Benjamin F. and Constance R. Bennett Mailing address: 2208 Jefferson Street, Unit 106, Roanoke, VA 24014 6 February 25, 2005 11.Tax Map No. 4070113 Owner: Anne Willis Taylor Mailing address: 14312 West Shore Lane, Midlothian, VA 23112 12.Tax Map No. 4070114 Owner: Henry T. Brobst Mailing address: 2208 Jefferson Street, Unit 208, Roanoke, VA 24014 13. Tax Map No. 4070115 Owner: Ruth K. Althouse Mailing address: 2208 Jefferson Street, Unit 209, Roanoke, VA 24014 14.Tax Map No. 4070116 Owner: Lois M. Densmore Mailing address: 2208 Jefferson Street, Unit 210, Roanoke, VA 24014 15. Tax Map No. 4070117 Owner: William J. and Barbara O. Thornton Mailing address: 2208 Jefferson Street, Unit 211, Roanoke, VA 24014 16. Tax Map No. 4070118 Owner: William A. and Virginia W. Magee Mailing address: 2208 Jefferson Street, Unit 212, Roanoke, VA 24014 17. Tax Map No. 4070119 Owner: Gerald D. Lee Mailing address: 2208 Jefferson Street, Unit 313, Roanoke, VA 24014 18. Tax Map No. 4070120 Owner: Daniel B. and Nancy B. Leonard Mailing address: 4510 Silver Cliff Court, Castle Rock, CO 80108 19.Tax Map No. 4070121 Owner: George B. Cartledge, Jr. Mailing address: 2208 Jefferson Street, Unit 315, Roanoke, VA 24014 20. Tax Map No. 4070122 Owner: Dorothy J. Turner Mailing address: 2208 Jefferson Street, Unit 316, Roanoke, VA 24014 21.Tax Map No. 4070123 Owner: Elmer O. Rodes, Jr. Mailing address: 2208 Jefferson Street, Unit 317, Roanoke, VA 24014 7 Februaw 25,2005 22. Tax Map No. 4070505 Owner: Leman Dudley Mailing address: 1710 Dawn Lane, Roanoke, VA 24018 23.Tax Map No. 4070201 Owner: Garland L. Bowman, II Mailing Address: 2201 Yellow Mountain Road, SE, Roanoke, VA 24014 F:\USERS\tashley~Zoning~Zoning.doc 8 Februa~, 25, 2005 EXHIBIT 5-1 LUMSDEN ASSOCIATES, P.C. ENGINEERS-SURVEYORS-PLANNERS ROANOKE, VIRGINIA EXHIBIT 5-2 LUMSDEN ASSOCIATES, P.e. ENGINEERS-SURVEYORS-PLANNERS ROANOKE, VIRGINIA EXHIBIT 5-3 ~L LUMSDEN ASSOCIATES, P.e. I MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, V'aginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@ci.roanoke.va.us December 9, 2004 File #51 STEPHANIE M. MOON, CMC Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk Robert B. Marietta, Chair City Planning Commission 2831 Stephenson Avenue, S. W. Roanoke, Virginia 24014 Dear Mr. Manetta: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a first amended petition received in the City Clerk's Office on December 7, 2004, from David C. Helscher, Attorney, representing Westwin of Roanoke, LLC, requesting that a tract of land located at the southwesterly corner of Jefferson Street and Yellow Mountain Road, S. E., containing 2.055 acres, more or less, identified as Official Tax No. 4060601, be rezoned from Conditional C-1, Office District, to INPUD, Institutional Planned Unit Development District. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Enclosures pc: The Honorable Mayor and Members of the Roanoke City Council David C. Helscher, Attorney, Osterhoudt, Prillaman, Natt, Helscher, Yost, Maxwell & Ferguson, PLC, P. O. Box 20487, Roanoke, Virginia 24018-0049 Susan S. Lower, Director, Real Estate Valuation Martha P. Franklin, Secretary, City Planning Commission Philip C. Schirmer, City Engineer William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney L: \CLERK\DATA\CKEWi\REZONING AND STREET CLOSURE\Rezonings - Street Alley Closure 05 ~lanuary 05\first FIRST AMENDED PETITION IN THE COUNCIL OF THE CITY OF ROANOKE. VIRGINIA IN RE: Rezoning of property totaling 2.055 acres, more or less, identified as Tax Parcel No. 4060601, (hereinafter "the property"), located at the southwesterly corner of Jefferson Street and Yellow Mountain Road, from conditional C-1 Office District to INPUD, Institutional Planned Unit Development District. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, WESTVVIN OF ROANOKE, LLC, a Virginia limited liability company, is the contrect pumhaser of property containing 2.055 acres, more or less, also known as Tax Map No. 4060601, being a trect of land located at the southwest corner of Jeffereon Street and Yellow Mountain Road, which trect is currently zoned conditional C-1, Office District. A map of the preperty to be rezoned is attached as Exhibit 1 and a metes and bounds description is attached as Exhibit 2. 1. Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioner, with the knowledge and consent of the owner, CHS, Inc., as evidenced by the attached Consent, attached hereto as Exhibit 3, requests that the PROPERTY to be re-zoned from conditional C-1 Office District, to INPUD, Institutional Planned Unit Development District, for the purpose of constructing a condominium which will include not more than 42 residential units and undergreund parking on the site. 2. The Petitioner believes the re-zoning of said trect of land will further the intent and purposes of the city's zoning ordinance and its comprehensive plan, in that it will enable the parcel to be used both for an upscale residential project as well as to allow parking both for the residents and for CHS, Inc., the current owner of the property and 1 December 3, 2004 its employees who work in the vicinity of this property. 3. Attached as Exhibit 4 are the names, addresses and tax numbers of the owners of all lots or property immediately adjacent to and immediately across a street or road from the property to be rezoned. 4. An Institutional Development Plan prepared by Lumsden Associates dated December 2, 2004, is attached as Exhibit 5.1.5-2 and 5-3. 5. As required by Section 36.1-399, the Petitioner represents that the following application requirements have been met:: (a) The boundaries of the INPUD District involved and the ownership of properties contained therein as well as all existing public and private streets, alleys and easements are shown on the attached development plan. (b) The location of all proposed parking facilities, including surface parking as well as underground parking are shown on the attached development plan. (c) There will be no change in the public streets adjoining the property and the entrances and exits are as depicted on the attached site plan. (d) All pedestrian routes as well as open space calculations are shown on the attached site plan. (e) The size and location of existing storm water, sanitary sewer and water lines are shown on the attached site plan as well as any proposed connection to those utilities. Petition believes that the proposed project will have no impact or a positive impact on the stormwater drainage as the existing parking lots are currently draining to an underground holding area and the new project will extend the storm drainage to existing stormwater drainage lines. 2 December 3, 2004 (f) Petitioner believes and therefore alleges that the compatibility of the proposed structures to be built by petitioner are compatible and consistent with the character and appearance of the surrounding neighborhood as shown on the attached site plan. The design of the building is intended to reflect its use as an urban residential community that is a transition between commercial and institutional uses north of the site and the mixed residential neighborhood to the south. The building will be constructed in a Georgian classical style to emulate the character of the residential neighborhood. The building will be predominantly brick with stucco/drivit accents and trim. The base at the parking garage decks will be stucco with bronze or black metal painted screens to minimize view into the interior. The scale of the building is intended to be complementary to the adjacent properties. The Jefferson Street elevation is the commercial/institutional side of the building that reflects the scale of First Presbyterian Church, across the street and the hospital, which is in the next block. The 22n~ Street elevation is complimentary to the condominium constructed across the street, a three story brick building with a garage under. (g) There will be minimal exterior lighting and any such lighting will be directed to the structure or toward the ground and away from adjoining properties, to reduce glare. WHEREFORE, the petitioner requests that the above-described property be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. 3 December3,2004 Respectfully submitted this day of ~ WEST~NIN OF RO, AI~OKE, LLC OF COUNSEL David C. Helscher, Esq. OSTERHOUDT, PRILLAMAN, NATT, HELSCHER, YOST, MAXWELL & FERGUSON, P.L.C. P. O. Box 20487 Roanoke, VA 24018-0049 Phone: (540) 725-8182 Fax: (540) 772-0126 VSB #12626 ,2004. 4 December 3, 2004 EXHIBIT 1 JEFFERSON STREET, S.E. ~ z EXHIBIT 2 BEGINNING at an iron pin set at the southwesterly point of intersection of Yellow Mountain Road (variable width) and Jefferson Street (80 feet wide) at a point marked "I" on the hereinafter described plat; thence with Yellow Mountain Road the following three (3) courses and distances: S. 58© 26' 00" E. 167 feet to a nail set in concrete gutter marked "2"; S. 12° 13' 05" E~ 205.26 feet to an old iron pin at a point marked "3"; thence S. 04° 42' 28" E. 157.36 feet to a pin set at the point of intersection of Yellow Mountain Road and 22nd Street, SE (60 feet wide); thence leaving Yellow Mountain Road and with the line of 22nd Street, SE, N. 67° 43' 00" W. 383.20 feet to an old iron pin located on the southwesterly right of way line of Jefferson Street; thence with the same, N. 27° 30' 00" E. 337.72 feet to the place of BEGINNING, and containing 2.055 acres and being Official Tax Map Number 4060601 as more particularly shown on plat of survey made by David A. Bess, L.S., dated October 28, 2004, entitled '~Plat of Combination Made for CHS, Inc., a Virginia Corporation, Combining a 0.115 Acre Portion of the Existing Right-of-Way of Yellow Mountain Road With Lots 1-I 0, Block 67 - 1.940 Acres Total Crystal Spring Land Company Creating Hereon Lot 1 - 2.055 Acres Situate on yellow Mountain Road, 22nd Street and Jefferson Street", recorded in the Clerk's Office of the Circuit Court for the City of Roanoke, Virginia, in Map Book 1, page .__ EXHIBIT 3 CONSENT STATEMENT The undersigned is the owner of Tax Parcel 4060601, being a 2.055 acre tract (hereinafter "property"), located at the southwest corner of Jefferson Street and Yellow Mountain Road. The undersigned has contracted to sell the property to Westwin of Roanoke, LLC, (hereinafter "Westwin"), and is aware of and consents to the rezoning petition filed by Westwin from the current conditional C-i, Planned Unit Development Office District to Institutional District. CHS, By: INC. Its ~/~ly authorized offider EXHIBIT 4 ADJOINING PROPERTY OWNER LISTING 1. Tax Map No. 1041003 Owner: Roanoke Hospital Assn. Mailing address: P. O. Box 40032, Roanoke, VA 24022-003 2. Tax Map Nos. 1050601, 1050607, 1050608 Owner: Trustees, First Presbyterian Church Mailing address: P. O. Box 8538, Roanoke, VA 24014 Tax Map No. 4070103 Owner: Henderson Davis Properties, LLC Mailing address: 1010 2°d Street, SW, Roanoke, VA 24016 Tax Map No. 4060502 Owner: City of Roanoke Water Dept. Mailing address: 215 Church Avenue, SW, Room 250, Roanoke, VA 24011 5. Tax Map No. 4070107 Owner: Dorothy G. Laurie Mailing address: 2208 Jefferson Street, Unit 101, Roanoke, VA 24014 6. Tax Map No. 4070108 Owner: Elizabeth J. Pence Mailing address: 2208 Jefferson Street, Unit 102, Roanoke, VA 24014 7. Tax Map No. 4070109 Owner: Carlton and Marianne Waskey Mailing address: 2208 Jefferson Street, Unit 103, Roanoke, VA 24014 8. Tax Map No. 4070110 Owner: Agnes G. Blair Mailing address: 2208 Jefferson Street, Unit 104, Roanoke, VA 24014 9. Tax Map No. 4070111 Owner: Harry R. Yates, Jr. Mailing address: 2208 Jefferson Street, Unit 105, Roanoke, VA 24014 10. Tax Map No. 4070112 Owner: Benjamin F. and Constance R. Bennett Mailing address: 2208 Jefferson Street, Unit 106, Roanoke, VA 24014 5 December 3, 2004 11 .Tax Map No. 4070113 Owner: Anne Willis Taylor Mailing address: 14312 West Shore Lane, Midlothian, VA 23112 12.Tax Map No. 4070114 Owner: Henry T. Brobst Mailing address: 2208 Jefferson Street, Unit 208, Roanoke, VA 24014 13.Tax Map No. 4070115 Owner: Ruth K. Althouse Mailing address: 2208 Jefferson Street, Unit 209, Roanoke, VA 24014 14.Tax Map No. 4070116 Owner: Lois M. Densmore Mailing address: 2208 Jefferson Street, Unit 210, Roanoke, VA 24014 15. Tax Map No. 4070117 Owner: William J. and Barbara O. Thornton Mailing address: 2208 Jefferson Street, Unit 211, Roanoke, VA 24014 16.Tax Map No. 4070118 Owner: William A. and Virginia W. Magee Mailing address: 2208 Jefferson Street, Unit 212, Roanoke, VA 24014 17. Tax Map No. 4070119 Owner: Gerald D. Lee Mailing address: 2208 Jefferson Street, Unit 313, Roanoke, VA 24014 18.Tax Map No. 4070120 Owner: Daniel B. and Nancy B. Leonard Mailing address: 4510 Silver Cliff Court, Castle Rock, CO 80108 19.Tax Map No. 4070121 Owner: George B. Cartledge, Jr. Mailing address: 2208 Jefferson Street, Unit 315, Roanoke, VA 24014 20.Tax Map No. 4070122 Owner: Dorothy J. Turner Mailing address: 2208 Jefferson Street, Unit 316, Roanoke, VA 24014 21 .Tax Map No. 4070123 6 December3,2004 Owner: Elmer O. Rodes, Jr. Mailing address: 2208 Jefferson Street, Unit 317, Roanoke, VA 24014 22. Tax Map No. 4070505 Owner: Leman Dudley Mailing address: 1710 Dawn Lane, Roanoke, VA 24018 23.Tax Map No. 4070201 Owner: Garland L. Bowman, II Mailing Address: 2201 Yellow Mountain Road, SE, Roanoke, VA 24014 F:\USERS\tashley~oning~Zoning.doc ? December 3, 2004 EXHIBIT 5-1 LUMSDEN ASSOCIATES, P.C. ENGINEERS-SURVEYORS-PLANNERS ROANOKEI VIRGINIA EXHIBIT 5-2 EXHIBIT 5-3 ~ " i117 ii ii I1: ~:i LUMSDEN ASSOCIATES, P.C. ENG[NEE~-SURV EYORS-PLANNE~ *.o. sox ~s9 ROANOKE. V IRCINI A *O*NO~t ~a~ Z~S ~ ~L~U~SO~N~C~ MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@ci.roanoke.va.us December 7, 2004 File #51 STEPHANIE M. MOON, CMC Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk Robert B. Manetta, Chair City Planning Commission 2831 Stephenson Avenue, S. W. Roanoke, Virginia 24014 Dear Mr. Marietta: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a petition.received in the City Clerk's Office on December 2, 2004, from David C. Helscher, Attorney, representing Westwin of Roanoke, LLC, requesting that a tract of land located at the southwesterly corner of Jefferson Street and Yellow Mountain Road, S. E., containing 2.055 acres; more or less, identified as Official Tax No. 4060601, be rezoned from C-2, General Commercial District, to INPUD, Institutional Planned Unit Development District, subject to certain proffers submitted by the petitioner. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Enclosures L:\CLERK~DATA\CKEW1WE.ZONING AND STREET CLOSURE~.ezonings - S~ceet Alley Closure 05X January 05\Westwin of R~anoke [.LC.doc PETITION TO REZONE IN THE COUNCIL OF THE CITY OF ROANOKE. VIRGINIA IN RE: Rezoning of property totaling 2.055 acres, more or less, identified as Tax Parcel No. 4060601, (hereinafter "the property"), located at the southwesterly corner of Jefferson Street and Yellow Mountain Road, from C-2 General Commercial District to INPUD, Institutional Planned Unit Development District. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, WESTWIN OF ROANOKE, LLC, a Virginia limited liability company, is the contract purchaser of property containing 2.055 acres, more or less, also known as Tax Map No. 4060601, being a tract of land located at the southwest corner of Jefferson Street and Yellow Mountain Road, which tract is currently zoned conditional C-1, Office District. A map of the property to be rezoned is attached as Exhibit 1-A and a metes and bounds description is attached as Exhibit 1-B. 1. Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioner requests that the PROPERTY to be re-zoned from conditional C-1 Office District, to INPUD, Institutional Planned Unit Development District, for the purpose of constructing a condominium which will include not more than 42 residential units and underground parking on the site. 2. The Petitioner believes the re-zoning 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 enable the pamel to be used both for an upscale residential project as well as to allow parking both for the residents and for CHS, Inc., the current owner of the property and its employees who work in the vicinity of this property. 1 December 2, 2004 3. Attached as Exhibit 2 are the names, addresses and tax numbers of the owners of all lots or property immediately adjacent to and immediately across a street or road from the property to be rezoned. 4. The Petitioner voluntarily submits the following proffers to be included as part of the rezoning requests: The subject property will be developed as a residential condominium with two levels of underground parking, one to serve the residents of the condominium and one which will be owned by CHS, Inc., as depicted in the development plan dated November 4, 2004, prepared by Lumsden Associates, P.C., attached to this petition as Exhibit 3. 5. As required by Section 36.1-399, the Petitioner represents that the following application requirements have been met:: (a) The boundaries of the INPUD District involved and the ownership of properties contained therein as well as all existing public and private streets, alleys and easements are shown on the attached development plan. (b) The location of all proposed parking facilities, including surface parking as well as underground parking are shown on the attached development plan. (c) Thero will be no change in the public streets adjoining the property and the entrances and exits are as depicted on the attached site plan. (d) All pedestrian routes as well as open space calculations are shown on the attached site plan. (e) The size and location of existing storm water, sanitary sewer and water lines are shown on the attached site plan as well as any proposed connection to 2 December 2, 2004 those utilities. Petition believes that the proposed project will have no impact or a positive impact on the stormwater drainage as the existing parking lots are currently draining to an underground holding area and the new project will extend the storm drainage to existing stormwater drainage lines. (f) Petitioner believes and therefore alleges that the compatibility of the proposed structures to be built by petitioner are compatible and consistent with the character and appearance of the surrounding neighborhood as shown on the attached site plan. The design of the building is intended to reflect its use as an urban residential community that is a transition between commercial and institutional uses north of the site and the mixed residential neighborhood to the south. The building will be constructed in a Georgian classical style to emulate the character of the residential neighborhood. The building will be predominantly brick with stucco/drivit accents and trim. The base at the parking garage decks will be stucco with bronze or black metal painted screens to minimize view into the interior. The scale of the building is intended to be complementary to the adjacent properties. The Jefferson Street elevation is the commercial/institutional side of the building that reflects the scale of First Presbyterian Church, across the street and the hospital, which is in the next block. The 22nd Street elevation is complimentary to the condominium constructed across the street, a three stow brick building with a garage under. (g) There will be minimal exterior lighting and any such lighting will be directed to the structure or toward the ground and away from adjoining properties, to reduce glare. 3 December 2, 2004 WHEREFORE, the petitioner requests that the above-described property be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this ~,' day of ~1¢~. ,2004. OF COUNSEL David C. Helscher, Esq. OSTERHOUDT, PRILLAMAN, NATT, HELSCHER, YOST, MAXWELL & FERGUSON, P.L.C. P. O. Box 20487 Roanoke, VA 24018-0049 Phone: (540) 725-8182 Fax: (540) 772-0126 VSB #12626 4 December 2, 2004 EXHIBIT 1-A ENGINEERS-SURVEYORS-PLANNERS ROANOKE, VIRGINIA EXHIBIT "1 -B" BEGINNING at an iron pin set at the southwesterly point of intersection of Yellow Mountain Road (variable width) and Jefferson Street (80 feet wide) at a point marked "1" on the hereinafter described plat; thence with Yellow Mountain Road the following three (3) courses and distances: S. 58° 26' 00" E. 167 feet to a nail set in concrete gutter · marked "2"; S. 12° 13' 05" E. 205.26 feet to an old iron pin at a point marked "3"; thence S. 04° 42' 28" E. 157.36 feet to a pin set at the point of intersection of Yellow Mountain Road and 22~d Street, SE (60 feet wide); thence leaving Yellow Mountain Road and with the line of 22nd Street, SE, N. 67° 43' 00" W. 383.20 feet to an old)ron pin located on the southwesterly right of way line of Jefferson Street; thence with the same, N. 27° 30' 00" E. 337.72 feet to the place of BEGINNING, and containing 2.055 acres and being Official Tax Map Number 4060601 as more particularly shown on plat of survey made by David A. Bess, L.S., dated October 28, 2004, entitled "Plat of Combination Made for CHS, Inc., a Virginia Corporation, Combining a 0.115 Acre Portion oithe Ex~i,~g- Right-of-Way of Yellow Mountain Road With Lots 1-10, Block 67 - 1.940 Acres Total Crystal Spring Land Company Creating Hereon Lot 1 - 2.055 Acres Situate on yellow Mountain Road, 22nd Street and Jefferson Street", recorded in the Clerk's Office of the Circuit Court for the City of Roanoke, Virginia, in Map Book 1, page __ ADJOINING PROPERTY OWNER LISTING 1. Tax Map No. 1041003 Owner: Roanoke Hospital Assn. Mailing address: P. O. Box 40032, Roanoke, VA 24022-003 2. Tax Map Nos. 1050601, 1050607, 1050608 Owner: Trustees, First Presbyterian Church Mailing address: P. O. Box 8538, Roanoke, VA 24014 3. Tax Map No. 4070103 Owner: Henderson Davis Properties, LLC Mailing address: 1010 2"d Street, SW, Roanoke, VA 24016 Tax Map No. 4060502 Owner: City of Roanoke Water Dept. Mailing address: 215 Church Avenue, SW, Room 250, Roanoke, VA 24011 Tax Map No. 4070107 Owner: Dorothy G. Laurie Mailing address: 2208 Jefferson Street, Unit 101, Roanoke, VA 24014 Tax Map No. 4070108 Owner: Elizabeth J. Pence Mailing address: 2208 Jefferson Street, Unit 102, Roanoke, VA 24014 7. Tax Map No. 4070109 Owner: Carlton and Marianne Waskey Mailing address: 2208 Jefferson Street, Unit 103, Roanoke, VA 24014 8. Tax Map No. 4070110 Owner: Agnes G. Blair Mailing address: 2208 Jefferson Street, Unit 104, Roanoke, VA 24014 9. Tax Map No. 4070111 Owner: Harry R. Yates, Jr. Mailing address: 2208 Jefferson Street, Unit 105, Roanoke, VA 24014 10. Tax Map No. 4070112 Owner: Benjamin F. and Constance R. Bennett Mailing address: 2208 Jefferson Street, Unit 106, Roanoke, VA 24014 5 December 2, 2004 11.Tax Map No. 4070113 Owner: Anne Willis Taylor Mailing address: 14312 West Shore Lane, Midlothian, VA 23112 12.Tax Map No. 4070114 Owner: Henry T. Brobst Mailing address: 2208 Jefferson Street, Unit 208, Roanoke, VA 24014 13. Tax Map No. 4070115 Owner: Ruth K. Althouse Mailing address: 2208 Jefferson Street, Unit 209, Roanoke, VA 24014 14.Tax Map No. 4070116 Owner: Lois M. Densmore Mailing address: 2208 Jefferson Street, Unit 210, Roanoke, VA 24014 15. Tax Map No. 4070117 Owner: William J. and Barbara O. Thornton Mailing address: 2208 Jefferson Street, Unit 211, Roanoke, VA 24014 16.Tax Map No. 4070118 Owner: William A. and Virginia W. Magee Mailing address: 2208 Jefferson Street, Unit 212, Roanoke, VA 24014 17. Tax Map No. 4070119 Owner: Gerald D. Lee Mailing address: 2208 Jefferson Street, Unit 313, Roanoke, VA 24014 18.Tax Map No. 4070120 Owner: Daniel B. and Nancy B. Leonard Mailing address: 4510 Silver Cliff Court, Castle Rock, CO 80108 19.Tax Map No. 4070121 Owner: George B. Cartledge, Jr. Mailing address: 2208 Jefferson Street, Unit 315, Roanoke, VA 24014 20.Tax Map No. 4070122 Owner: Dorothy J. Turner Mailing address: 2208 Jefferson Street, Unit 316, Roanoke, VA 24014 21 .Tax Map No. 4070123 6 December 2, 2004 Owner: Elmer O. Rodes, Jr. Mailing address: 2208 Jefferson Street, Unit 317, Roanoke, VA 24014 22. Tax Map No. 4070505 Owner: Leman Dudley Mailing address: 1710 Dawn Lane, Roanoke, VA 24018 23.Tax Map No. 4070201 Owner: Garland L. Bowman, II Mailing Address: 2201 Yellow Mountain Road, SE, Roanoke, VA 24014 F:\USERS\tashley~Zoning~Zoning.doc 7 December 2, 2004 Iii1 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk March 24, 2005 File #51 Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 36998-032105 rezoning a tract of land containing 23.742 acres, more or less, located at 3379 Colonial Avenue, S. W., identified as Official Tax No. 1570101, from RS-2, Residential Single Family District, to RPUD, Residential Planned Unit Development District, subject to certain conditions proffered by the petitioner. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, March 21, 2005, and is in full force and effect upon its passage. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Darlene L. Burcham March 24, 2005 Page 2 pc: CHS, Inc., Tax Department, P. O. Box 12385, Roanoke, Virginia 24025 Mr. and Mrs. P. W. Moore, 3517 Robyn Road, S. W., Roanoke, Virginia 24015 Mr. and Mrs. James Duncan, 3508 Robyn Road, S. W., Roanoke, Virginia 24015 Mr. Walter S. Frazier, 3719 Strother Road, S. W., Roanoke, Virginia 24015 Mr. and Mrs. John Lane, 2725 Creston Avenue, S. W., Roanoke, Virginia 24015 Trustees Southwest Congregation of Jehovah's Witnesses, 1315 Hamilton Terrace, S. E., Roanoke, Virginia 24014 Mr. and Mrs. Berlin Flora, 3359 Colonial Avenue, S. W., Roanoke, Virginia 24015 Mr. and Mrs. James Metz, Trustees, 5844 lakemont Drive, S. W., Roanoke, Virginia 24018 Mr. and Mrs. Gregory Roseberry, 3502 Robyn Road, S. W., Roanoke, Virginia 24015 Ms. VerityJ. Callender, 2750 Creston Avenue, S. W., Roanoke, Virginia 24015 Western Virginia Water Authority, 2012 Jefferson Street, S. W., Roanoke, Virginia 24014 Occidental Development, LTD, Attention: DonaldJ. Williams, 3406 Sunchase Court, S. W., Roanoke, Virginia 24018 Mr. and Mrs. William Ball, 7715 Fort Mason Drive, S. W., Roanoke, Virginia 24018 Signature Properties, LLC, P. O. Box 20961, Roanoke, Virginia 24018 Ms. Nancy K. Carson, 3358 Woodland Drive, S. W., Roanoke, Virginia 24015 Ms. Ethel J. Virgili, 3380 Woodland Drive, S. W., Roanoke, Virginia 24015 Mr. Robert B. Pandlis, 3368 Woodland Drive, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Mark Graham, 3346 Woodland Drive, S. W., Roanoke, Virginia 24015 Ms. Joyce Dunn, 3016 Timberlane Avenue, S. W., Roanoke, Virginia 24018 Mr. and Mrs. Stephen Warren, 3022 Timberlane Avenue, S. W., Roanoke, Virginia 24018 Mr. and Mrs. John Mini, 3026 Sedgefield Road, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Philip Miron, 3030 Sedgefield Road, S. W., Roanoke, Virginia 24015 Mr. Mark Taylor, c/o Brenda Wilson Taylor, 3038 Sedgefield Road, S. W., Roanoke, Virginia 24015 Ms. Tina M. Flippin, c/o TinaWeiner, 3044 Sed§efield Road, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Bobby Dobyns, 3060 Sedgefield Road, S. W., Roanoke, Virginia 24015 Darlene L. Burcham March 24, 2005 Page 3 pc: Ms. Cherlyn Sandra Lefler McCoy, c/o Louis Garger and Thomas Garger, 6618 Sugar Ridge Drive, S. W., Roanoke, Virginia 24018 Jesse A. Hall, Director of Finance Susan S. Lower, Director, Real Estate Valuation Philip C. Schirmer, City Engineer Richard A. Rife, Chair, City Planning Commission, 1326 Grandin Road, S. W., Roanoke, Virginia 24015 Martha P. Franklin, Secretary, City Planning Commission Nancy C. Snodgrass, Zoning Administrator IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of March, 2005. No. 36998-032105. AN ORDINANCE to amend {}36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 157, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant; and dispensing with the second reading by title of this ordinance. WHEREAS, the City of Roanoke has made application to the Council of the City of Roanoke to have the hereinafter described property rezoned from RS-2, Residential Single Family District, to RPUD, Residential Planned Unit Development District, subject to certain conditions proffered by the applicant; WHEREAS, the City Plarming Commission, which after giving proper notice to all concerned as required by {}36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public heating on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on March 21, 2005, after due and timely notice thereof as required by {}36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public heating, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 157 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular manner and no other: That tract of land containing 23.742 acres, more or less, located at 3379 Colonial Avenue, identified as Official Tax No. 1570101, and designated on Sheet No. 157 of the Sectional 1976 Zone Map, City of Roanoke, be, and is hereby rezoned from RS-2, Residential Single Family District, to RPUD, Residential Planned Unit Development District, subject to the proffers contained in the Petition filed in the Office of the City Clerk on March 3, 2005, and that Sheet No. 157 of the 1976 Zone Map be changed in this respect. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. Architectural Review Board Board of Zoning Appeals Planning Commission CITY OF ROANOKE PLANNING BUILDING AND DEVELOPMENT 215 Church Avenue, S.W., Room 166 Roanoke, Virginia 24011 Telephone: (540)853-1730 Fax: (540)853-1230 E-mail: planning @ ci.roanoke.va.us March 21, 2005 Honorable C. Nelson Harris, Mayor Honorable Beverly T. Fitzpatrick, Jr., Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Alfred T. Dowe, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Brenda L. McDaniel, Council Member Honorable Brian J. Wishneff, Council Member Dear Mayor Harris and Members of City Council: Subject: Request from the City of Roanoke, that property located at 3379 Colonial Avenue, S.W., Official Tax No. 1570~01, be rezoned from RS-2, Residential Single Family District, to RPUD, Residential Planned Unit Development District, such rezonin9 to be subject to certain conditions proffered by the petitioner. Planning Commission Action: Planning Commission public hearing was held on Thursday, February 17, 2005. By a vote of 6-0 (Messrs. Butler, Manetta, Rife, Scholz and Williams and Ms. Price voting for approval and Mr. Chrisman absent), the Commission recommended approvaloftherezoningrequest. A first amended petition was filed on March 3, 2005. Background: On December 20, 2004, Roanoke City Council adopted a resolution authorizing the City Manager to file a petition to rezone 23.742 acres, more or less, of City- owned property located on Colonial Avenue, S.W., from RS-2, Single Family Residential District, to RPUD, Residential Planned Unit Development District, subject to the following proffered condition: That the development of the RPUD District will be governed by the Development Pattern Book, Colonial Green, dated November 1, 2004. A public hearing was held by the Planning Commission on January 20, 2005. Upon completion of that public hearing, action on the matter was continued until the February 17, 2005, meeting. At the Planning Commission's work session meeting on February 4, 2005, alternative design concepts addressing comments from the public hearing were reviewed and discussed related to the following: · The design and layout of the commercial/livewwork area along the Colonial Avenue frontage · The design and layout of proposed crescent homes and a multifamily structure on the western edge of the site adjacent to the City-County boundary line. · The provision of pathways and connections of the development to its surroundings. · The preservation of existing significant vegetation and the overall resulting tree canopy on the development at build-out. Consideration: Surrounding land uses and zoning districts are as follows: · To the northwest are single-family dwellings along Sedgefield Road in Roanoke County, the Western Virginia Water Authority water tanks, and single-family homes zoned RS-2, Residential Single Family. · To the north is a single-family dwelling zoned RS-3, Residential Single Family. · To the northeast are single-family dwellings along Creston Avenue and Robyn Road zoned RSw2, Residential Single Family. · To the southeast is a single-family dwelling zoned RS-2, Residential Single Family, a church zoned RS-2, Residential Single Family fronting on Colonial Avenue, a medical clinic fronting on Colonial Avenue zoned C-2, General Commercial, and single-family dwellings across Colonial Avenue fronting on Woodland Drive in Roanoke County. · To the southwest on an adjacent lot is a multifamily apartment complex fronting on Colonial Avenue. The Colonial Green is a mixed use development comprised of approximately 230 dwelling units with the potential of 14,000 square feet of commercial space. The proposed housing mix includes approximately 28 single-family detached dwellings, 60 townhouse units, and 130 multifamily units. The commercial space would be limited to the commercial/residential building located in proximity to the Colonial Avenue frontage. The proposed development is consistent with policies and actions of Vision 2001-2020, the City's comprehensive plan: · Development of housing clusters will be used to encourage and promote neighborhood revitalization, replace derelict or neglected structures, and complement the surrounding neighborhood. A housing cluster is a market-rate residential development consisting of a mixture of residential uses on a large site located within or adjacent to existing developments of established neighborhoods (NH P6). · Limit the amount of impervious surfaces to reduce runoff (EC A13). · Streetscape: Higher density structures should be built to the building line with parking located in the rear or in parking areas. Single-family attached and detached structures should be built not more than 10 feet set back from the edge of the sidewalk, with parking located in the rear. Where possible, alleys should be created to serve rear access garages and parking areas (p.103). The Franklin Road/Colonial Avenue Area Plan was adopted by City Council on June 21,2004. The plan states the following as it relates to the petition: · This property (Colonial Green) is suited for mixed-density residential development as well as limited commercial development (p.13). · The Future Land Use Plan designation is mixed residential (p.27) The proposed development satisfies the general standards and development requirements of Section 36.1-293. As an RPUD, Residential Planned Unit Development, the site must be developed in substantial conformity to the development plan, attached as Exhibit 2. Section 36.1-293(a)(1) requires compatibility with the surrounding neighborhoods. The development achieves compatibility with providing like uses adjacent to one another. On the western portion of the development, the multifamily structures primarily border an existing multifamily development in the County, while the single family uses border a single family neighborhood along the eastern edge. The RPUD aims to provide architecturally cohesive housing types in relationship to the surrounding neighborhood. The Colonial Green Development Pattern Book (Exhibit 3) sets forth architectural standards and lot characteristics that reflect Roanoke's traditional architecture styles and design principles. The petitioner satisfies 36.1-293(a)(3) by providing narrow pavement widths to promote slower vehicular speeds through the proposed street grid. The streets will have twelve (12) to fourteen (14) foot travel lanes with many streets having an eight (8) foot parallel parking lane. In addition, most of the single-family and townhouse units will have rear access to driveways and garages off of alleyways. Parking areas for the multifamily units will be primarily structured parking below the residential floors. Sidewalks and pathways will be provided 3 throughout the development to provide pedestrian connections in the development. The development plan addresses the landscaping and open space general requirement (36.2-293 (a)(5)). All disturbed soil will be secured with grass, mulch, and other vegetation (Colonial Green Development Pattern Book, p.23). Storm water management areas will be planted with groundcovers, shrubs, and trees to appear as a natural landscape. The Iow impact development storm water management areas on the western portion of the property not only provide effective storm water quality measures, but also provides for a passive open space between the multifamily units and the detached single family units. The Schematic Planting Plan shows a mixture of tree varieties at a distance of 1 per 50 feet along all streets to provide for pleasant streetscapes. Streetscape trees at maturity alone, would comprise an approximately 5% canopy coverage for the development. Additional canopy coverage would be achieved through the retention of existing mature vegetation, where possible, and the installation of site landscaping for each new development site created in the overall project. The Schematic Grading Plan demonstrates how the development will reflect the standard using the existing topography and natural character of the site by minimizing grading. Grading of the site will be important to conform to properly engineered street alignment and to finalize on-site storm water management facilities. Proposed changes to the plan will result in existing mature-growth trees remaining in the area bordering the rear property lines of single-family dwellings fronting on Sedgefield Road in Roanoke County. The area is approximately 160 - ! 70 feet wide as measured between the property line and the back of the proposed crescent homes, and preserves the existing ridge-line and tree canopy. In addition, it is proposed to amend the petition to add an additional proffer related to the overall tree canopy coverage on the site at its build out. A tree canopy coverage ratio of ! 5% of the total site acreage is proposed to be comprised of existing tree canopy preserved on the site, and the amount of canopy (at maturity) from new tree plantings resulting from development of the site. The density of units is approximately 9.7 units per acre, which is well below the maximum density of 17 units per acre. The district requires all commercial uses follow sign regulations for a CN, Neighborhood Commercial District. Current CN regulations would allow for approximately 600 square feet of signage for the commercial uses. The proposed development will employ three (3) storm water management techniques: storm water retention areas, bio-retention areas, and a detention basin. Storm water management easements will be established between the single family homes to allow for each lot to manage its storm water. 4 The open space for the overall acreage of the site satisfies the requirement that 20% open space be retained for recreational and/or permanent green space. The Colonial Green Development Pattern Book requires all lots with single family, townhouse, or multifamily structures not exceed maximum lot coverage of 50%. Further study of the Phase III multifamily structure on the western most part of the site has resulted in the reorientation of that structure further away from the northwestern-most property line (now setback a distance of approximately 120 feet), and provides for a much improved orientation of the front of the building to the central Green. Significant improvements have been made to the parking associated with the proposed mixed use buildings along Colonial Avenue which will result in the commercial/live-work buildings taking a prominent position in relation to the streets, and on-site parking being located to the side and rear of the buildings. While a storm water management facility prohibits locating the mixed use buildings immediately abutting the Colonial Avenue right-of-way line similar to the adjacent medical clinic building, reorientation of the buildings and eliminating front parking spaces will create a more consistent streetscape. The City's Traffic Engineer determined, through a trip generation analysis, that the development, at full build out, will generate 140 trips during the AM peak period and 165 trips during the PM peak period. Based on these volumes, a traffic signal may not be necessary. However, a final decision should be made based upon traffic counts and observation of actual traffic operations after various stages of the development. The trip generation volumes do require turning lanes to accommodate traffic in and out of the development. Previous improvements to Colonial Avenue established turning lanes for the Carillon medical clinic. This suggested traffic improvement is satisfied since the existing curb cut on Colonial Avenue will be improved to become the gateway into the entire development. Revisions have also been made to the Colonial Green Development Pattern Book (on pages 8 and 9) to reflect changes in the RPUD Development Plan. Recommendation: The Planning Commission recommends that City Council approve an amended petition which includes the following: · Proffering of a revised Colonial Green Development Pattern Book dated February 17, 2005 (Exhibit 3), · Revised RPUD Development Plan dated February 17, 2005 and attached (Exhibit 2), and An additional proffer stating: o A minimum tree canopy ratio of 15% of the total RPUD district will be provided at completion of the project to be comprised of existing tree canopy preserved on the site and new tree plantings (based on canopy at 20 year maturity). Respectfully submitted, Richard A. Rife, Chairman City Planning Commission CC: Darlene L. Burcham, City Manager Rolanda Russell, Assistant City Manager for Community Development William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney FIRST AMENDED PETITION TO REZONE In the Council of the City of Roanoke, Virginia In Re: Rezoning of a tract of land lying at 3379 Colonial Avenue, S.W., Official Tax No. 1570101, from RS-2, Residential Single Family District, to RPUD, Residential Planned Unit Development District. To The Honorable Mayor and Members of the Council of the City of Roanoke: The petitioner, the City of Roanoke, owns land in the City of Roanoke containing 23.742 acres, more or less, located at 3379 Colonial Avenue, S.W., Official Tax No. 1570101. Said tract is currently zoned, RS-2, Residential Single Family District. A map of the property to be rezoned is attached as Exhibit One. Pursuant to Section 36.1-690, Code of the City of Roanoke (1 979), as amended, the Petitioner requests that the said property be rezoned from RS-2, Residential Single Family District, to RPUD, Residential Planned Unit Development District, for the purpose of a mixed use community that incorporates residential single family, residential multifamily, retain and live/work space along Colonial Avenue. The components of the development will include townhouse dwelling units, live/work studio dwelling units, commercial space, and required public infrastructure and open space. The proposed development plan is shown on the attached Exhibit Two. The Petitioner believes 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 implement a traditional neighborhood design development consisting of a mixture of residential uses and supporting non-residential uses. The planned development effectively utilizes the 23 acre site by combining single family and multifamily dwellings, along with neighborhood services in a compatible layout. 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: That the development of the RPUD District will be governed by the Development Pattern Book, Colonial Green, dated February 17, 2005, and attached as Exhibit 3. A minimum tree canopy ratio of 15% of the total RPUD District will be provided at completion of the project to be comprised of existing tree canopy preserved on the site and new tree plantings (based on canopy at 20 year maturity). Attached as Exhibit Four are the names, addresses and tax map numbers of the owner or owners of all lots immediately adjacent to and immediately across the street 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 March, 2005. By: City of Roanoke 215 Church Avenue, S.W., Room 364 Roanoke, VA 24011 (540) 853-2333 EXHIBIT 1 EXHIBIT 2 Z I.i.I I i ;i EXHIBIT 3 EXHIBIT 4 City of Roanoke Ta~( ID No. Property Owner Name/Address Location 1570132 CHS, Inc. 3369 Colonial Avenue, SW P O Box 12385- Tax Dept. Roanoke, VA 24025 1570126 P.W. and India Moore Same 3517 Robyn Road, SW Roanoke, VA 24015 1570117 James and Carolyn Duncan Same 3508 Robyn Road, SW Roanoke, VA 24015 1650924 Walter S. Frazier Same 3719 Strother Road, SW Roanoke, VA 24015 1651204 John and Etta Lane Same 2725 Creston Avenue, SW Roanoke, VA 24015 1570113 Trustees Southwest 3359 Colonial Avenue, SW Congregation of Jehovah's Witnesses 1315 Hamilton Terrace, SE Roanoke, VA 24014 570115 Berlin & Grace Flora Same 3349 Colonial Avenue, SW Roanoke, VA 24015 1570118 James and Yvonne Metz, 3514 Robyn Road, SW Trustees 5844 Lakemont Drive Roanoke, VA 24018 1570103 Gregory and Vicky Roseberry Same 3502 Robyn Road, SW Roanoke, VA 24015 1570112 Verity Jane Callender Same 2750 Creston Avenue, SW Roanoke, VA 24015 1570133 I Western Virginia Water Authority Creston Avenue, SW 2012 Jefferson Street, SE Roanoke, VA 24014 County of Roanoke 077.11-01-55 Occidental Development LTD Colonial Avenue Attn. Donald J. Williams 7901 Crawfordsville Road Indianapolis, IN 46224 And 3406 Sunchase Court Roanoke, VA 24018 077.11-01-57 William and Kathleen Ball 3390 Colonial Avenue 7715 Fort Mason Drive Roanoke, VA 24018 077.11-01-51 Signature Properties, LLC 3350 Woodland Drive P O Box 20961 Roanoke, VA 24018 077.11-01-52 Nancy K. Carson Same 3358 Woodland Drive Roanoke, VA 24015 077.11-01-54 Ethel J. Virgili Same 3380 Woodland Drive, SW Roanoke, VA 24015 077.11-01-53 Robert B. Pandlis Same 3368 Woodland Drive, SW Roanoke, VA 24015 077.11-01-50 Mark and Rena Graham Same 3346 Woodland Drive, SW Roanoke, VA 24015 077.10-01-10 Joyce Dunn Same 3016 Timberlane Avenue Roanoke, VA 24018 077.10-01-12 Stephen and Wendy Warren Same 3022 Timberlane Avenue, SW Roanoke, VA 24018 077.10-01-13 John and Susan Mini Same 3026 Sedgefield Road Roanoke, VA 24015 077.10-01-14 Philip and Judy Miron Same 3030 Sedgefield Road Roanoke, VA 24015 077.10-01.15 Mark Taylor Same c/o Brenda Wilson Taylor 3038 Sedgefield Road ' Roanoke, VA 24018 077.10-01.16 Tina M. Flippin Same c/o Tina Weiner 3044 Sedgefield Road Roanoke, VA 24015 077.10-01-17 Bobby and Susan Dobyns Same 3060 Sedgefleld Road Roanoke, VA 24015 077.10-01-18 Cherlyn Sandra Lefler McCoy 3068 Sedgefield Road c/o Louis Garger & Thomas Garger 6618 Sugar Ridge Drive Roanoke, VA 24018 The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times ROANOKE CITY CLERK'S OFFICE 215 CHURCH AVE RM 4 ROANOKE VA 24011 REFERENCE: 80023382 05313530 NOTICEOFPUBLICHEARIN State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates; City/County of Roanoke, Commonwealth/State of Virginia. Sworn and subscribed before me this !.0, day of March 2005. Witness hand and of lcla± seal. '-'"'"- 3 ' ----~A-~;~=J--~~ otary Public My/ ~*mmi§sion~ires ~jX~(}~_ .... - PUBLISHED ON: 03/04 03/11 TOTAL COST: FILED ON: 247.94 03/16/05 Ng11CE OF.Fill.lC HEAE#6 Signature ~__/_[_~_~ _~___ ..... Bi llin~ Services Representative NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant to the provisions of Article VII of Chapter 36.1, Code of the City of Roanoke (1979), as amended, the Council of the City of Roanoke will hold a Public Hearing on Monday, March 21, 2005, at 7:00 p.m., in the Council Chamber in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., on the question ofrezoning from conditional RS-2, Residential Single Family District, to RPUD, Residential Planned Unit Development District, subject to certain proffers, the following property: That tract of land containing 23.742 acres, more or less, located at 3379 Colonial Avenue, S.W., and identified as Official Tax No. 1570101. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building. All parties in interest may appear on the above date and be heard on the question. If you are a person with a disability who needs accommodations for this public hearing, contact the City Clerk's Office, 853-2541, by Thursday, March 17, 2005. GIVEN under my hand this 2nd day of IViarch ,2005. Mary F. Parker, City Clerk. K/NOTICES/N REZO-COLONIAL GREEN 032105 DOC Notice to Publisher: Publish in the Roanoke Times once on Friday, March 4, 2005 and Friday, March 11, 2005. Send bill and affidavit to: Mary F. Parker, City Clerk 215 Church Avenue, S. W. Roanoke, Virginia 24011 (540) 853-2541 MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room456 Roanoke, Vkginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk @ ¢i.roanoke.va.us STEPHANIE M. MOON, CMC Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk March 3, 2005 File #51 Richard A. Rife, Chair City Planning Commission 1326 Grandin Road, S. W. Roanoke, Virginia 24015 Dear Mr. Rife: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of an amended petition received in the City Clerk's Office on March 3, 2005, from the City of Roanoke requesting that atract of land located at 3379 Colonial Avenue, S.W., consisting of 23.742 acres, more or less, identified as Official Tax No. 1570101, be rezoned from RS-2, Residential Single Family District, to RPUD, Residential Planned Unit Development District, subject to certain conditions proffered by the petitioner. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Enclosures K:~EZONING AND STREET CLOS LrRE~>.ezonings - Slreet Alley Closure 05hMarch 05~irst amendmc-nt 3379 Colonial Ave City of Roanoke.doc Richard A. Rife March 3, 2005 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council Susan S. Lower, Director, Real Estate Valuation Martha P. Franklin, Secretary, City Planning Commission Philip C. Schirmer, City Engineer William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney K:~EZONING AND STREET CLOSURE~zonings - Street Alley Closure 05Wlarch 05W~rst amendn~nt 3379 Colonial Ave City of Roanoke.doc IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of December, 2004. No. 36920-122004. A RESOLUTION authorizing the filing of a petition to rezone property which is owned by the City of Roanoke and which is designated as Official Tax No. 1570101, subject to certain proffers. WHEREAS, the City of Roanoke owns certain property designated as Official Tax No. 1570101; WHEREAS, such property is currently zoned RS-2, Single Family Residential District; and WHEREAS, it is the desire of City Council to consider the rezoning of such property from RS-2, Single Family Residential District, to RPUD, Residential Planned Unit Development District, subject to a proffered condition, which will permit the physical development of the site in a manner consistent with the provisions of the City's Request for Proposals for the creation of a mixed density traditional neighborhood design and layout. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That public necessity, convenience, general welfare and good zoning practice require the filing of a petition to rezone the subject property from RS-2, Single Family Residential District, to RPUD, Residential Planned Unit Development District, subject to a proffered condition, in order to ensure the use of housing clusters to promote neighborhood revitalization and to provide a sustainable range of housing choices that encourages social K:~RESO LUTI ON S/RE~O LUTIONS/R.AUTHKEZON - COLONIAL GREEN 1220~4 DOC and economic diversity throughout the City on vacant or underutilized land. 2. That the City Manager is authorized to file a petition, similar in form and content to the petition attached to the letter dated December 20, 2004, to this Council, approved as to form by the City Attorney, to rezone the subject property from RS-2, Single Family Residential District, to RPUD, Residential Planned Unit Development District, subject to proffered conditions. ATTEST: City Clerk. PETITION TO REZONE IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Rezoning of a tract of land lying at 3379 Colonial Avenue, SW, Tax Map No. 1570101, from RS-2, Residential Single Family, to RPUD, Residential Planned Unit Development District. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The petitioner, the City of Roanoke, owns land in the City of Roanoke containing 23.742 acres, more or less, located 3379 Colonial Avenue, SW, Tax Map No. 1570101. Said tract is currently zoned, RS-2, Residential Single Family. A map of the property to be rezoned is attached as Exhibit One. Pursuant to Section 36.1-690, Code of the City or Roanoke (1979), as amended, the Petitioner requests that the said property be rezoned form RS-2, Residential Single Family, to RPUD, Residential Planned Unit Development District, for the purpose of a mixed use community that incorporates residential single family, residential multifamily, retail, and live/work space along Colonial Avenue. The components of the development will include townhouse dwelling units, single family detached dwelling units, condominium or apartment dwelling units, live-work studio dwelling units, commercial space, and required public infrastructure and open space. The proposed development plan is shown in the attached Exhibit Two. The Petitioner believes 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 implement a traditional neighborhood design development consisting of a mixture of residential uses and supporting non-residential uses. The planned development effectively utilizes the 23 acre site by combining single family and multifamily dwellings, along with neighborhood services in a compatible layout. 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 condition: That the development of the RPUD District will be governed by the Development Pattern Book, Colonial Green, dated November 1, 2004. Attached as Exhibit Three is the names, addresses and tax map numbers of the owner or owners of all lots immediately adjacent to and immediately across the street 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 December, 2004 Respectfully submitted, (.~'Oarlene L. B~r~m, City Manager City of Roanoke 215 Church Avenue, SW Room 364 Roanoke, VA 24011 (540) 853-2333 TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE REZONING REQUEST OF: City of Roanoke for property on Colonial Avenue, S.W, ) Tax No. 1570101 from RS-2 to RPUD, conditional ) AFFIDAVIT COMMONWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.2-2204, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 25th day of January, 2005, notices of a public hearing to be held on the 17th day of February, 2005, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: City of Roanoke Tax ID No. Property Owner Name/Address Location 1570132 CHS, Inc. 3369 Colonial Avenue, SW P O Box 12385- Tax Dept. Roanoke, VA 24025 1570126 P.W. and India Moore Same 3517 Robyn Road, SW Roanoke, VA 24015 1570117 James and Carolyn Duncan Same 3508 Robyn Road, SW Roanoke, VA 24015 1650924 Walter S. Frazier Same 3719 Strother Road, SW Roanoke, VA 24015 1651204 John and Etta Lane Same 2725 Creston Avenue, SW Roanoke, VA 24015 1570113 Trustees Southwest 3359 Colonial Avenue, SW Congregation of Jehovah's Witnesses 1315 Hamilton Terrace, SE Roanoke, VA 24014 1570115 Berlin & Grace Flora Same 3349 Colonial Avenue, SW Roanoke, VA 24015 1570118 James and Yvonne Metz, 3514 Robyn Road, SW Trustees 5844 Lakemont Drive Roanoke, VA 24018 1570103 Gregory and Vicky Roseberry Same 3502 Robyn Road, SW Roanoke, VA 24015 1570112 Verity Jane Callender Same 2750 Creston Avenue, SW Roanoke, VA 24015 1570133 ! Western Virginia Water Authority Creston Avenue, SW 2012 Jefferson Street, SE Roanoke, VA 24014 County of Roanoke 077.11-01-55 Occidental Development LTD Colonial Avenue Attn. Donald J. Williams 7901 Crawfordsville Road Indianapolis, IN 46224 And 3406 Sunchase Court Roanoke, VA 24018 077.11-01-57 William and Kathleen Ball 3390 Colonial Avenue 7715 Fort Mason Drive Roanoke, VA 24018 077.11-01-51 Signature Properties, LLC 3350 Woodland Drive P O Box 20961 Roanoke, VA 24018 077.11-01-52 Nancy K. Carson Same 3358 Woodland Drive Roanoke, VA 24015 077.11-01-54 Ethel J. Virgili Same 3380 Woodland Drive, SW Roanoke, VA 24015 077.11-01-53 Robert B. Pandlis Same 3368 Woodland Drive, SW Roanoke, VA 24015 077.11-01-50 Mark and Rena Graham Same 3346 Woodland Drive, SW Roanoke, VA 24015 077.10-01-10 Joyce Dunn Same 3016 Timbedane Avenue Roanoke, VA 24018 077.10-01-12 Stephen and Wendy Warren Same 3022 Timberlane Avenue, SW Roanoke, VA 24018 077.10-01-13 John and Susan Mini Same 3026 Sedgefield Road Roanoke, VA 24015 077.10-01-14 Philip and Judy Miron Same 3030 Sedgefield Road Roanoke, VA 24015 077.10-01.15 Mark Taylor Same cio Brenda Wilson Taylor 3038 Sedgefield Road Roanoke, VA 24018 077.10-01.16 Tina M. Flippin Same c/o Tina Weiner 3044 Sedgefield Road Roanoke, VA 24015 , 077.10-01-17 Bobby and Susan Dobyns Same 3060 Sedgefield Road Roanoke, VA 24015 077.10-01-18 Cherlyn Sandra Lefler McCoy 3068 Sedgefield Road c/o Louis Garger & Thomas Garger 6618 Sugar Ridge Drive Roanoke, VA 24018 Also mailed to: Janet Scheid, Roanoke County Patricia Wilcher Geraldine LaManna 2908 Hollowell Avenue S.W. 2724 Creston Avenue S.W. Roanoke, VA 24015 Roanoke, VA 24015 Judy Harrison 1842 Aden Road S.W. Roanoke, VA 24015 Ruth & Stephen Willson Ora Smith 2651 Creston Avenue S. W. 3571 Wright Road S. W. Roanoke, VA 24015 Roanoke, VA 24015 Katherine & Thomas Magri 2244 Pelham Drive S.W. Roanoke, VA 24018 Billye M. Rose 2744 Creston Avenue S.W. Roanoke, VA 24015 F~nces Fe~uson 3529 Robyn Road S.W. Roanoke, VA 24015 Doug Holbert 2744 -B Creston Avenue S.W. Roanoke, VA 24015 D. M. Burd 3523 Robyn Road S.W. Roanoke, VA 24015 Blanche Hamden 2715 Creston Avenue S.W. Roanoke, VA 24015 Steve Fisher 3709 Strother Road S.W. Roanoke, VA 24015 Brad Sneed 3535Wright Road S.W. Roanoke, VA 24015 Sandy & Durant Vick 6276 Smokey Ridge Road Roanoke, VA 24015 Jean Thomas 6276 Smokey Ridge Road Roanoke, VA 24015 Tammy Brainer 7730 Ann Lane Roanoke, VA 24015 Bill Whitney 3369 Colonial Avenue S.W. Roanoke, VA 24015 Robert Humphreys 2405 Laburnum Avenue, S.W Roanoke, VA 24015 Sandra Burks 2614 Creson Road S.W. Roanoke, VA 24015 Erin Dove 2405 Laburnum Avenue S.W. Roanoke, VA 24015 Jim & Kathie Johnston 2631 Creston Avenue S.W. Roanoke, VA 24015 Walter Menefee 3530Wright Road S.W. Roanoke, VA 24015 Doug Silva 3514 Robyn Road S.W. Roanoke, VA 24015 David & AmyJackson 3536Wright Road S.W. Roanoke, VA 24015 Al Brancati 3548 Wright Road S.W. Roanoke, VA 24015 F~nklin & Barba~ Poff 3520 Robyn Road S.W. Roanoke, VA 24015 Scott & Sonja Crawford 3542 Wright Road S.W. Roanoke, VA 24015 Ginger Tanner 3436Westmoreland Drive Roanoke, VA 24015 Christy Dutilly 5526 Westbriar Court S.W. Roanoke VA 24015 Elizabeth Cranwell 1911 Mountain View Road Vinton, VA 24179 Steve Morgan 2581 Inglewood Road Roanoke, VA Ron & Ka~n Cave 3522Wright Road S.W. Roanoke, VA 24015 David S. Courey 3419 Ashemeade Drive, SW Roanoke, VA 24015 Also sent to Janet Scheid, Roanoke County Phillip Lingafelt 3535 Forester Road, SW Roanoke, VA 24015 Leslie Williams 3426Wedgewood Road, SW Roanoke, VA 24015 Bill Modica 546 Creek Lane Salem, VA 24153 Shelley E. Bryd 3074 Sedgefield Road Roanoke, VA 24015 Jamey McKenna 2588 Creston Avenue Roanoke, VA 24015 Judy, Alexander & RonKeith Reggie Wood 3331 Colonial Avenue Adkins 3056 Timberlane Avenue, SW Roanoke, VA 24015 Roanoke, VA 24015 Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 25TM day of January, 2005. Notary Public U My Commission Expires: TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE REZONING REQUEST OF: City of Roanoke for property on Colonial Avenue, S.W, ) Tax No. 1570101 from RS-2 to RPUD, conditional ) AFFIDAVIT COMMONWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.2-2204, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 27th day of December, 2004, notices of a public hearing to be held on the 20th day of January, 2005, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: City of Roanoke Tax ID No. Property Owner Name/Address Location 1570132 CHS, Inc. 3369 Colonial Avenue, SW P O Box 12385- Tax Dept. Roanoke, VA 24025 1570126 P.W. and India Moore Same 3517 Robyn Road, SW Roanoke, VA 24015 1570117 James and Carolyn Duncan Same 3508 Robyn Road, SW Roanoke, VA 24015 1650924 Walter S. Frazier Same 3719 Strother Road, SW Roanoke, VA 24015 1651204 John and Etta Lane Same 2725 Creston Avenue, SW Roanoke, VA 24015 1570113 Trustees Southwest 3359 Colonial Avenue, SW Congregation of Jehovah's Witnesses 1315 Hamilton Terrace, SE Roanoke, VA 24014 1570115 Berlin & Grace Flora Same 3349 Colonial Avenue, SW Roanoke, VA 24015 1570118 James and Yvonne Metz, 3514 Robyn Road, SW Trustees 5844 Lakemont Drive Roanoke, VA 24018 1570103 Gregory and Vicky Roseberry Same 3502 Robyn Road, SW Roanoke, VA 24015 1570112 Verity Jane Callender Same 2750 Creston Avenue, SW Roanoke, VA 24015 1570133 Western Virginia Water Authority Creston Avenue, SW 2012 Jefferson Street, SE Roanoke, VA 24014 County of Roanoke 077.11-01-55 Occidental Development LTD Colonial Avenue Attn. Donald J. Williams 7901 Crawfordsville Road Indianapolis, IN 46224 And 3406 Sunchase Court Roanoke, VA 24018 077.11-01-57 William and Kathleen Ball 3390 Colonial Avenue 7715 Fort Mason Drive Roanoke, VA 24018 077.11-01-51 Signature Properties, LLC 3350 Woodland Drive P O Box 20961 Roanoke, VA 24018 077.11-01-52 Nancy K. Carson Same 3358 Woodland Drive Roanoke, VA 24015 077.11-01-54 Ethel J. Virgili Same 3380 Woodland Drive, SW Roanoke, VA 24015 077.11-01-53 Robert B. Pandlis Same 3368 Woodland Drive, SW Roanoke, VA 24015 077.11-01-50 Mark and Rena Graham Same 3346 Woodland Drive, SW Roanoke, VA 24015 077.10-01-10 Joyce Dunn Same 3016 Timberlane Avenue Roanoke, VA 24018 077.10-01-12 Stephen and Wendy Warren Same 3022 Timberlane Avenue, SW Roanoke, VA 24018 077.10-01-13 John and Susan Mini Same 3026 Sedgefield Road Roanoke, VA 24015 077.10-01-14 Philip and Judy Miron Same 3030 Sedgefield Road Roanoke, VA 24015 077.10-01.15 Mark Taylor Same c/o Brenda Wilson Taylor 3038 Sedgefield Road Roanoke, VA 24018 077.10-01.16 Tina M. Flippin Same c/o Tina Weiner 3044 Sedgefield Road Roanoke, VA 24015 077.10-01-17 Bobby and Susan Dobyns Same 3060 Sedgefield Road Roanoke, VA 24015 077.10-01-18 Cherlyn Sandra Lefler McCoy 3068 Sedgefield Road c/o Louis Garger & Thomas Garger 6618 Sugar Ridge Drive Roanoke, VA 24018 Also mailed to: Janet Scheid, Roanoke County Jim Gear, Grandin Court Civic League, 2916 Oakcrest Drive, SW 24015 Gary Agee, Grandin Court Civic League, 2617 Livingston Road, 24015 Patricia Wilcher Geraldine LaManna 2908 Hollowell Avenue S.W. 2724 Creston Avenue S.W. Roanoke, VA 24015 Roanoke, VA 24015 Judy Harrison 1842 Arden Road S.W. Roanoke, VA 24015 Ruth & Stephen Willson Ora Smith 2651 Creston Avenue S. W. 3571 Wright Road S. W. Roanoke, VA 24015 Roanoke, VA 24015 Katherine & Thomas Magri 2244 Pelham Drive S.W. Roanoke, VA 24018 Billye M. Rose 2744 Creston Avenue S.W. Roanoke, VA 24015 Frances Fe~uson 3529 Robyn Road S.W. Roanoke, VA 24015 Doug Holbert 2744 -B Creston Avenue S.W. Roanoke, VA 24015 D. M. Burd 3523 Robyn Road S.W. Roanoke, VA 24015 Blanche Hamden 2715 Creston Avenue S.W. Roanoke, VA 24015 Steve Fisher 3709 Strother Road S.W. Roanoke, VA 24015 Brad Sneed 3535Wright Road S.W. Roanoke, VA 24015 Sandy & Durant Vick 6276 Smokey Ridge Road Roanoke, VA 24015 Jean Thomas 6276 Smokey Ridge Road Roanoke, VA 24015 Tammy Brainer 7730 Ann Lane Roanoke, VA 24015 Bill Whitney 3369 Colonial Avenue S.W. Roanoke, VA 24015 Robert Humphreys 2405 Laburnum Avenue, S.W Roanoke, VA 24015 Jim & Carolyn Duncan 3508 Robyn Road S.W. Roanoke, VA 24015 Erin Dove 2405 Laburnum Avenue S.W. Roanoke, VA 24015 Jim & KathieJohnston 2631Creston Avenue S.W. Roanoke, VA 24015 Walter Menefee 3530 Wright Road S.W. Roanoke, VA 24015 Doug Silva 3514 Robyn Road S.W. Roanoke, VA 24015 David & AmyJackson 3536Wright Road S.W. Roanoke, VA 24015 Al Brancati 3548 Wright Road S.W. Roanoke, VA 24015 F~nklin & Barba~ Poff 3520 Robyn Road S.W. Roanoke, VA 24015 Sco~ & So~a Crawfo~ 3542Wright Road S.W. Roanoke, VA 24015 Ginger Tanner 3436 Westmoreland Drive Roanoke, VA 24015 Christy Dutilly 5526 Westbriar Court S.W. Roanoke VA 24015 Elizabeth Cranwell 1911 Mountain View Road Vinton, VA 24179 Steve Morgan 2581 lnglewood Road Roanoke, VA Ron & Karen Cave 3522Wright Road S.W. Roanoke, VA 24015 Sand~ Burks 2614 Creson Road S.W. Roanoke, VA 24015 Mar[ha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 27th day of December, 2004. Notary Public ~ My Commission Expires: NOTICE OF PUBLIC HEARING BEFORE THE CITY OF ROANOKE PLANNING COMMISSION TO WHOM IT MAY CONCERN: The City of Roanoke Planning Commission will hold a public hearing on Thursday, January 20, 2005, at 1:30 p.m., or as soon as the matter may be heard, in the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., to consider the following: Request from the City of Roanoke, that property located at 3379 Colonial Avenue, S.W., Official Tax No. 1570101, be rezoned from RS-2, Residential Single Family District, to RPUD, Residential Planned Unit Development District, such rezoning to be subject to certain conditions proffered by the petitioner. A copy of the application is available for review in the Department of Planning Building and Development, Room 166, Noel C. Taylor Municipal Building. All parties in interest and citizens may appear on the above date and be heard on the matter. If you are a person who needs accommodations for this hearing, please contact the Department of Planning Building and Development at 853-1 730 before 12:00 noon on the Monday before the date of the hearing listed above. Martha P. Franklin, Secretary City of Roanoke Planning Commission Please bill department credit card (on file) and send affidavit of publication to: Martha P. Franklin, Department of Planning Building & Development Room 166, Municipal 13uilding, 215 Church Avenue, S.W. Roanoke, VA 240! ! (540) 853-I 730 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk March 24, 2005 File #166-373 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 36999-032105 authorizing the City Manager to extend the lease agreement between the City and Old Southwest, Inc., for a period of five years, with an option to extend the lease for an additional five year term, upon mutual agreement of both parties, for the use of a certain City-owned structure known as the Alexander-Gish House, located in Highland Park, together with the outbuilding and parking lot, upon certain terms and conditions. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, March 21,2005, and is in full force and effect upon its passage. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Attachment Darlene L. Burcham March 24, 2005 Page 2 pc: Valerie Eagle, President, Old Southwest, Inc., 1225 3r* Street, S. W., Roanoke, Virginia 24016 Jesse A. Hall, Director of Finance David L. Collins, Assistant City Attorney Dana D. Long, Manager, Billings and Collections Sherman M. Stovall, Director, Office of Management and Budget R. Brian Townsend, Acting Director, Economic Development IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of I~larch, 2005. l~o. 36999-032105. AN ORDINANCE authorizing the proper City officials to extend the lease agreement between the City and Old Southwest, Inc., for a period of five years, with an option to extend the lease for an additional five year term upon mutual agreement of both parties, for the use of a certain City-owned structure known as the Alexander-Gish House, located in Highland Park, together with the outbuilding and parking lot, upon certain terms and conditions; and dispensing with the second reading by title of this ordinance. Whereas, a public hearing was held on March 21, 2005, pursuant to §§15.2-1800(B) and 1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on said lease extension. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and the City Clerk are authorized to execute and attest, respectively, on behalf of the City of Roanoke, in form approved by the City Attorney, the appropriate lease agreement with Old Southwest, Inc., for the use of a certain City-owned structure known as the Alexander-Gish House, located in Highland Park, together with the outbuilding and parking lot, for an additional term of five (5) years, effective beginning January 1, 2005 and ending December 31, 2009, with an option to extend the lease for an additional five year term upon mutual agreement of both parties, at an annual lease fee of $1.00 over the five-year period, upon such terms and conditions as more particularly set forth in the City Manager's letter dated March 21, 2005. 2. Pursuant to the provisions of § 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST:/.~ ~o City Clerk. CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com March 21,2005 Honorable C. Nelson Harris, Mayor Honorable Beverly T. Fitzpatrick, Jr., Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Alfred T. Dowe, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Brenda L. McDaniel, Council Member Honorable Brian J. Wishneff, Council Member Dear Mayor Harris and Members of Council: Subject: Extending lease of Alexander- Gish House Background: The original lease of the Alexander-Gish House at 641 Walnut Avenue by Old Southwest Neighborhood Alliance was authorized by Ordinance No. 24929 on December 10, 1979. On May 11, 1981, the City Manager executed a lease assignment, transferring the lease to Old Southwest Neighborhood Foundation, Incorporated. Old Southwest, Incorporated has leased this location since December 10, 1979. The current lease agreement expired December 31, 2004. Old Southwest, Incorporated has requested an extension of the current lease agreement with similar terms and conditions. The previous lease had a five (5) year term at an annual lease rate of $1.00. The proposed extension agreement is for an additional five year period, beginning January 1, 2005, through December31, 2009 at an annual lease rate of $1.00. The extension agreement may be further extended for an additional five-year term on the same terms upon the mutual agreement of both parties. Honorable Mayor and Members of Council March 21, 2005 Page 2 Recommended Action: Authorize the City Manager to execute a lease extension agreement with Old Southwest, Inc. for the Alexander-Gish House located at 641 Walnut Avenue, S.W., Roanoke, Virginia for a period of five years, beginning January 1, 2005 and expiring December 31, 2009, with an additional five-year term, on the same terms, if agreed to by both parties. DLB:Ipp Respectfully submitted, Darlene L. B~rcham City Manag~f c: Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Dana Long, Manager of Billings and Collections Brian Townsend, Acting Director of Economic Development Sherman Stovall, Director of Management and Budget David Collins, Assistant City Attorney CM05-00031 entered th~e ~"</ day o~ ~, made becveen cbs CITY O~ ROA~OFOC, · m,,-loipal corporation o~an~ and 1. Thac in conaideraCZofl of ihs rent provided for here~ mad c~entncs and ~ree~nca meC fetch below, che City does hm=mby lease co ch4 ~oundac~on chic structure kno~ as ~he ~amea ~exandmr House, 633 Walnut markad ~*~xh~biC Ar~, attached heEeto and made a pmrt o~ thio 3, Duri~ the ce~ o~ chZs ~ealm, the Fouudt~i~ sh~l p~y Co Chi CZcy ~illi~m and C~lleeCtonm,' Room 1~0, Courthouse, P.O. 3ox 2l~, V~rsin~a 24009. approval of chi Cic7 ~anaaar of the plan, the Foundation shall continue author~aCicn of the City HanaAar and revise %y the Ro~oke ClOy ~chitecturaI RIYL~v BoaTd. ~, Any and all tmprove~en~l ~dl co Ch~ l~aal pr~me~ by chi Fo~eiou sh~lL b~ome the property o[ che City upon cbs ~piracion o~ chis ~eal~, or any subsequent excision thereo~. EXTENSION AGREEMENT THIS EXTENSION AGREEMENT ("Extension Agreement") is entered into as of the 1st day of ,2005. WHEREAS, by Lease and Agreement dated December 22, 1989 (the "Lease"), the CITY OF ROANOKE ("City" and "Lessor") and OLD SOUTHWEST, INC. ("Lessee"), agreed to the lease of a certain structure known as the James Alexander House (also known as the Alexander-Gish House), 641 Walnut Avenue, S.W., located in Highland Park, together with its outbuildings and parking lot area (the "Leased Premises"), as well as other terms and provisions, a copy of which Lease is attached hereto and incorporated herein as Exhibit "A"; and WHEREAS, the Lease expired as of December 31, 1994, and was renewed by an Extension Agreement dated January 19, 1995, for an additional five-year term; and WHEREAS, the 1995 Lease Extension Agreement expired as of December 31, 1999, and was renewed by an Extension Agreement dated January 1, 2000, for an additional five-year term; WHEREAS, the 2000 Lease Extension Agreement expired as of December 31, 2004; and WHEREAS, both the City and the Lessee desire to extend the Lease for an additional five-year term from January 1, 2005, through December 31, 2009, with an option to renew such Lease for an additional five year-year term upon the mutual agreement of both parties, upon certain terms and conditions; and WHEREAS, Roanoke City Council has authorized execution of an Extension Agreement by the appropriate City officials by Ordinance No. , dated ., ; THEREFORE, 1N CONSIDERATION of the above premises, and other good and valuable consideration, the receipt of which is hereby acknowledged, City and Lessee hereby mutually agree as follows: 1. The Lease, subject to the terms and conditions contained herein, is hereby extended for an additional five-year term from January 1, 2005, through December 31, 2009. This Extension Agreement may be further extended for an additional five-year term upon the mutual agreement of both parties. 2. Lessee, for and during the term of this Extension Agreement, shall pay rent to City for the use and occupancy of the Leased Premises at an annual lease rate of $1.00 per year, payable in advance to the Office of Billings and Collections, Room 252, 215 Church Avenue, S.W., Roanoke, Va. 24011-1529. 3. The Lessee shall maintain and operate the Leased Premises strictly in accordance with all applicable federal, state and local environmental protection laws, regulations, rules and orders, including but not limited to those laws relating to the storage, disposal and presence of Hazardous Substances (the term "Hazardous Substances" used herein has the same meaning as given that term and to the term "hazardous wastes" in 42 U.C.C. §9601), disposal of solid waste, release or emission of pollutants or Hazardous Substances into the air or soil or into groundwater or other 2 LExt-OldSW-GishHouse-3-31-00.doc waters, and erosion and sedimentation control (collectively, "Environmental Law"). The Lessee covenants that it has either acquired heretofore or shall acquire, prior to or at the time required by applicable law, all environmental permits and licenses required by any Environmental Law in connection with the maintenance and operation of the Lessee's business upon the Leased Premises. 4. The Lessee shall indemnify, defend and hold the Lessor, its successors, assigns, directors, officers, employees, volunteers, agents and lenders harmless from all response costs, damages, expenses, claims, fines and penalties incurred by the Lessor, its successors, assigns, directors, officers, employees, volunteers, agents and lenders as the result of any violation by the Lessee of any Environmental Law, or as the result of any necessary repair, cleanup, closure or detoxification of the Leased Premises or upon land in the vicinity of the Leased Premises if due to conditions existing upon the Leased Premises or as a result of a misrepresentation made by the Lessor based upon information supplied by the Lessee to the Lessor. The provisions in this section shall survive the termination of this Extension Agreement. 5. The Lessee shall grant and give to the Lessor, its agents and employees the right and license to enter the Leased Premises, without notice, at any reasonable time to inspect the Leased Premises or to conduct a reasonable environmental investigation, including but not limited to an environmental assessment or audit of the Leased Premises to satisfy the Lessor that the Leased Premises are free from environmental 3 LExt-OldSW-GishHouse-3-31-00.doc contaminations and hazards. The Lessor may employ engineers to conduct such investigations on the Lessor's behalf, and the Lessee shall give to such engineers the same rights and licenses as the Lessor may have pursuant to this section. The Lessee shall from time to time and upon the request of the Lessor, give to the Lessor or to whomever the Lessor may designate such assurances as may be necessary to show that the Lessee is in compliance with any and all Environmental Laws. The Lessor shall use its best efforts to minimize interference with the Lessee's business but shall not be liable for any interference or harm caused by the Lessor% exercise of its rights under this section. If any environmental contamination be found, after conducting any such environmental investigation as required herein, the cost of such investigation and audit, in addition to all costs required to comply with any Environmental Law and to conduct necessary cleanup, shall be bome by the Lessee, bear interest at the annual rate of eighteen percent (18%) and be payable as additional rent to the Lessee immediately upon written demand thereof. 6. The Lessee shall disclose to the Lessor at the Commencement Date of this Extension Agreement, and on January 1 of each year thereafter (all such dates being hereinafter called "Disclosure Dates"), including January 1 of the year after the termination of this Extension Agreement, the names and amounts of all Hazardous Substances, which were stored, used or disposed of at the Leased Premises, or which the Lessee intends to store, use or dispose of at the Leased Premises, for the year prior to and after each Disclosure Date. The Lessor, in its sole and absolute discretion, may consent 4 LExt-OldSW-GishHouse-3-31-00.doc or decline to consent to the Lessee's storage or use, or both, of any Hazardous Substance, provided that (i) the Lessee shall store such matter in leakproof containers, (ii) such storage and use does not constitute a violation of any Environmental Law, and (iii) the Lessee shall use such matter in accordance with all Environmental Laws. 7. Lessee agrees that it will protect, indemnify and save harmless the City from the claims of all persons arising as the result of the activities of Lessee, its members, employees, and agents, in the Leased Premises and on the accompanying grounds, and that it will secure, maintain, pay for and keep in force, until the expiration of this Extension Agreement, commercial general liability insurance written on an occurrence basis with a limit of no less than $1,000,000 (one million dollars). Lessee shall name the City, its officials, officers, employees, agents and volunteers as additional insureds on said policy, and shall provide the City with a copy of the certificate of insurance prior to January 31 of each year of this Extension Agreement. 8. Except as changed or modified herein, the conditions, terms and obligations of the Lease Agreement, and any extensions thereof, remain in full force and effect as if fully stated herein. IN WITNESS WHEREOF, the parties hereto have executed this Extension Agreement as of the day and year first hereinabove written. 5 LExt-OldSW-GishHouse-3-31-00.doc ATTEST: CITY OF ROANOKE By. Date: ATTEST: OLD SOUTHWEST, INC. By. (title) Date: APPROVED AS TO FORM: Assistant City Attorney 6 LExt-OldSW-GishHouse-3-31-00.doc The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times ROANOKE CITY CLERK'S OFFICE 215 CHURCH AVE RM 4 ROANOKE VA 24011 REFERENCE: 80023382 05313469 NOTICEOFPUBLICHEARIN State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of Virginia. Sworn and subscribed before me this day of March 2005. Witness my hand and o 1 seal. //~h. ~ ~~j~ Notary Public PUBL!SMED ON: 03/11 TOTAL COST: 118.91 FILED ON: 03/16/05 The City of RQanoke Oppe~un ty to be t'l#rd and Signature: .... Billing Services Representative NOTICE OF PUBLIC HEARING The City of Roanoke proposes to extend the lease of a certain City-owned structure known as the Alexander-Gish House, located in Highland Park, together with the outbuilding and parking lot, to Old Southwest, Inc., for a period of five (5) years. Pursuant to the requirements of §§15.2-1800(B) and 1813, Code of Virginia (1950), as amended, notice is hereby given that the City Council of the City of Roanoke will hold a public heating on the above matter at its regular meeting to be held on March 21, 2005, commencing at 7:00 p.m., in the Council Chambers of the Noel C. Taylor Municipal Building, located at 215 Church Avenue, S.W., Roanoke, Virginia 24011. Citizens shall have the opportunity to be heard and express their opinions on said matter. If you are a person with a disability who needs accommodations for this heating, please contact the City Clerk's Office (853-2541), before 12:00 noon on Thursday, March 17, 2005. GIVEN under my hand this 9th day of February ,2005. Mary F. Parker, City Clerk. K \NOTICES\N-LEASE GISH HOUSE 022205 DOC Notice to Publisher: Publish in the Roanoke Times once on Friday, March 11, 2005. Send bill and affidavit to: Mary F. Parker, City Clerk 215 Church Avenue, S. W. Roanoke, Virginia 24011 (540) 853-2541 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk February 28, 2005 File #24-51 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 37000-032105 amending and reordaining §36.1-690, General authority and procedure, of Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended, by deleting subsections (g) and (h) of §36.1-690, General authority and procedure, to provide for greater flexibility in considering certain rezonings in which a minimum area can be rezoned to certain commercial and industrial districts. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, March 21, 2005, and is in full force and effect upon its passage. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Attachment Darlene L. Burcham March 24, 2005 Page 2 pc: The Honorable Robert P. Doherty, Judge, Twenty-Third Judicial Circuit of Virgima The Honorable William D. Broadhurst, Judge, Twenty-Third Judicial Circuit of Virgima The Honorable Clifford R. Weckstein, Judge, Twenty-Third Judicial Circuit of Virgima The Honorable Charles N. Dorsey, Judge, Twenty-Third Judicial Circuit of Virgima The Honorable Jonathan M. Apgar, Chief Judge, Twenty-Third Judicial Circuit of Virgmia The Honorable James R. Swanson, Judge, Twenty-Third Judicial Circuit of Virgima The Honorable Julian H. Raney, Jr., Chief Judge, General District Court The Honorable Vincent A. Lilley, Judge, General District Court The Honorable Francis W. Burkart, III, Judge, General District Court The Honorable Jacqueline F. Ward Talevi, Judge, General District Court The Honorable John B. Ferguson, Chief Judge,Juvenile and Domestic Relations District Court The Honorable Joseph M. Clarke, II, Judge, Juvenile and Domestic Relations District Court The Honorable Philip Trompeter, Judge, Juvenile and Domestic Relations District Court The Honorable Joseph P. Bounds, Judge, Juvenile and Domestic Relations District Court Sheila N. Hartman, Assistant City Clerk, (For transmittal by electronic mail to Municipal Code Corporation) Municipal Code Corporation, P. O. Box 2235, Tallahassee, Florida 32316 Raymond F. Leven, Public Defender, 210 First Street, S. W., Roanoke, Virginia 24011 Ronald S. Albright, Clerk, General District Court David C. Wells, Clerk, Juvenile and Domestic Relations District Court Kozuo Webb, Office of the Magistrate Lora A. Wilson, Law Librarian Richard A. Rife, Chair, City Planning Commission, 1326 Grandin Road, S. W., Roanoke, Virginia 24015 Darlene L. Burcham, City Manager Rolanda B. Russell, Assistant City Manager for Community Development Susan S. Lower, Director, Real Estate Valuation William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney Philip C. Schirmer, City Engineer Martha P. Franklin, Secretary, City Planning Commission Nancy C. Snodgrass, Zoning Administrator IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 215t day of March~ 2005. No. 37000-032105. AN ORDINANCE amending and reordaining {}36.1-690, General authority and procedure, of Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended, by deleting subsections (g) and (h) of §36.1-690, General authori _ty and procedure, to provide for greater flexibility in considering certain rezonings in which a minimum area can be rezoned to certain commercial and industrial districts, and dispensing with the second reading by title of this ordinance. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Section 36.1-690, General authority and procedure, of Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended, is hereby amended by the deletion of subsections (g) and (h), and shall read and provide as follows: Sec. 36.1-690. General authority and procedure. (a) Whenever public necessity, convenience, general welfare or good zoning practice require, the city council may amend, supplement, or change this chapter, including the schedule of district regulations and the official zoning map. Any such amendment may be initiated by resolution of the city council, by motion of the planning commission, or by petition of the owner, contract purchaser with the owner's written consent, or the owner's agent, of the property which is the subject of the proposed zoning map amendment. (b) When such amendment is proposed by petition of a property owner, such petition shall be in writing, addressed to the council, and shall be filed in the office of the city clerk, accompanied by payment of all fees and charges established by the council. (c) When such petition is for the rezoning of property, it shall include the following: (1) A description of the purpose for the zoning and the proposed use of the property; (2) A concept plan outlining features of the proposed use of the property including buildings, parking, access and similar features; (3) A map or maps of the area requested for rezoning; (4) Names, signatures, and addresses of the owner or owners of the lots or property included in the proposed change; and (5) Names, addresses and official tax numbers of owners of the lots or property immediately adjacent and to or those directly opposite thereto; provided, however, that inaccuracy or inadequacy of any such list of adjacent owners shall not in any manner affect the validity of any proceedings had or taken by the city council with respect to the matters contained in such petition. (d) Pr/or to the filing of said petition the petitioner shall meet with the staff of the office of community planning to determine that all filing requirements have been met and that all information is correct. The office of community planning shall determine the required fees. (e) Upon the filing of such petition, and the payment of the fees and charges aforesaid, the city clerk shall note the filing of the same and shall immediately transmit the petition, together with the list of property owners hereinafter mentioned, to the planning commission for study, report and recommendation to the council, with a copy of such petition mailed or delivered to the mayor and members of the city council and to the zoning administrator. (f) No change in zoning classification to a CN category shall be considered which involves an area of less than five thousand (5,000) square feet. 0)(g) Once city council has considered a petition, the petitioner may not request reconsideration of substantially the same petition for one (1) year. Nothing in this section shall be construed to limit city council's ability to reconsider a petition under role 10 of section 2-15, roles of procedure. 2. Pursuant to the provisions of§l 2 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. Architectural Review Board Board of Zoning Appeals Planning C~*m mission CITY OF ROANOKE PLANNING BUILDING AND DEVELOPMENT 215 Church Avenue, S.W., Room 166 Roanoke, Virginia 24011 Telephone: (540)853-1730 Fax: (540)853-1230 E-mail: planning @ ci.roanoke.va.us March 21,2005 Honorable C. Nelson Harris, Mayor Honorable Beverly T. Fitzpatrick, Jr., Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Alfred T. Dowe, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Brenda L. McDaniel, Council Member Honorable Brian J. Wishneff, Council Member Dear Mayor Harris and Members of City Council: Subject: Amendment of Zoning Ordinance to delete subsections (g) and (h) of Section 36.1-690 Planning Commission Action: Planning Commission public hearing was held on Thursday, February 17, 2005. Don Wetherington appeared before the Commission in support of the proposed amendment. By a vote of 6-0 (Mr. Chrisman absent), the Commission recommended that City Council approve the proposed amendment. Background: Section 36.1-690 of the City of Roanoke Zoning Ordinance includes two subsections that establish a minimum area that can be rezoned to certain commercial and industrial districts: (g) Except for extension of existing district boundaries, no change in zoning classification to a C-1, C-2, C-3, LM or HM district shall be considered which involves an area of less than two (2) acres, and no separate C-1, C-2, C-3, LM or HM district of less than two (2) acres shall be created by any amendment to this chapter. (h) Subsection (g) notwithstanding, an area of less than two (2) acres, which abuts a C-2, CN, or an industrial district, may be rezoned to C-1. The proposed amendment to delete subsections (g) and (h) was initiated by motion of the Planning Commission at its January 20, 2005, meeting. Considerations: Subsection 36.1-690 (g) precludes the Planning Commission and City Council from considering certain rezonings, regardless of the context, the merits of the petition, or the consistency with the Comprehensive Plan. Subsection 36.1-690 (h) is an exception to subsection (g) which permits establishment of a C-1, Office District when it abuts certain other commercial or industrial districts. The two-acre minimum limits flexibility, particularly in an urban environment such as Roanoke, where existing land use patterns and future land use plans are fine-grained and complex. The minimum area requirement has resulted in numerous situations where desirable development proposals require additional time-consuming processes and result in inferior zoning options. Because of past problems with the application of this provision within urban settings, deletion of this provision has already been contemplated and recommended by the zoning ordinance steering committee in the draft of the proposed zoning ordinance update. Recommendation: By a vote of 6-0, the Commission recommended that City Council approve the requested amendment to the Zoning Ordinance to delete subsections (g) and (h) of Section 36.1-690. The Commission believes that rezoning decisions should be based on the context and the merits of the change, as well as the extent to which the change is consistent with the Comprehensive Plan. Respectfully submitted, Richard A. Rife, Roanoke City Planning Commission CC: Darlene L. Burcham, City Manager Rolanda Russell, Assistant City Manager for Community Development William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC Stephanie M. Moon, CMC City Clerk Deputy City Clerk Sheila N. Hartman Assistant City Clerk March 8, 2005 File #51-514 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Harris and Members of Council: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, or other instructions by the Council, the following matters have been advertised for public hearing on Monday, March 21, 2005, at 7:00 p.m., in the City Council Chamber: (1) Request from David C. Helscher, Attorney, representing Westwin of Roanoke, LLC, that atract of land located at the southwesterly corner of Jefferson Street and Yellow Mountain Road, S. E., identified as Official Tax No. 4060601, be rezoned from C-1, Office District, to INPUD, Institutional Planned Unit Development District. (2) Request of the City of Roanoke that a tract of land located at 3379 Colonial Avenue, S. W., identified as Official Tax No. 1570101, be rezoned from RS-2, Residential Single Family District, to RPUD, Residential Planned Unit Development District, subject to certain conditions proffered by the petitioner. (3) Request of the City of Roanoke to amend the Zoning Ordinance to delete subsections (g) and (h) of Section 36.1-690. (4) Proposal to extend the lease of the Alexander-Gish House in Highland Park, together with the out building and parking lot, to Old Southwest, Inc., for a period of five years. K:~Public Hearings~Public Hearings 2005~Vlar 05hMar 21 Council Leaer2.doc The Honorable Mayor and Members of the Roanoke City Council March 8, 2005 Page 2 I am enclosing copy of reports submitted by the City Planning Commission in connection with the above referenced public hearings. With kindest personal regards, I am Sincerely, Mary F. Parker, CMC City Clerk MFP:ew pc: Richard A. Rife, Chair, City Planning Commission, 1326 Grandin Road, S. W., Roanoke, Virginia 24015 Darlene L. Burcham, City Manager Rolanda B. Russell, Assistant City Manager for Community Development Susan S. Lower, Director, Real Estate Valuation William M. Hackworth, City Attorney, transmitted electronically by e-mail Steven J. Talevi, Assistant City Attorney Philip C. Schirmer, City Engineer Martha P. Franklin, Secretary, City Planning Commission Sharon A. Mougin, Executive Secretary, City Manager's Office, transmitted electronically by e-mail K:~Public Headngs~Public Healings 2005~Vlar 05Wlar 21 Council Letler2.doc The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times ................................................ + ........................ ROANOKE CITY CLERK'S OFFICE 215 CHURCH AVE RM 4 ROANOKE VA 24011 REFERENCE: 80023382 05313540 NOTICEOFPUBLICHEARIN State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of VioliSt~. Sworn and subscribed before me this ~' day of March 2005. Witness my hand and officia~ seal. __ ~/~'~ ~ ~/~0~/~ Notary Public / PUBLISHED ON: 03/04 03/11 TOTAL COST: 303.60 FILED ON: 03/16/05 Signature :_ Billing Services Representative NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant to the provisions of §15.2-2204, Code of Virginia (1950), as amended, the Council of the City of Roanoke will hold a Public Heating on Monday, March 21, 2005, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chambers, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, in order to consider an ordinance, amending and revising Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended. The proposed ordinance would amend §36.1-690, General Authority and procedure, of Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended, by deleting subsections (g) and (h), pertaining to minimum acreage requirements. A copy of such proposed ordinance is available for review in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building. Questions about the content of the proposed ordinance should be directed to the Office of Planning, Building and Development, 853-1730. If you are a person with a disability who needs accommodations for this heating, please contact the City Clerk's Office (853-2541), before 12:00 noon on Thursday, Mamh 17, 2005. All parties in interest may appear on the above date and be heard on the question. GIVEN under my hand this 2nd day of Iqarch ,2005. Mary F. Parker, City Clerk. Notice to Publisher: Publish in the Roanoke Times once on Friday, March 4, 2005 and Friday, March 11, 2005. Send bill and affidavit to: Mary F. Parker, City Clerk 215 Church Avenue, S. W. Roanoke, Virginia 24011 (540) 853-2541 Mr. Mayor, members of city council ! would like to talk with you about Blue Ridge Technical Academy. Blue Ridge has unique programs, in the technology and n~edical fields, that allows the student the to receive dual enrollment credits, certifications, internships that the student wouldn't necessarily receive in the public high schools. Blue Ridge was the first charter school in the state and although it hash 't live up to sotne expectations, I feel blue ridge has exceeded it's goal to educate students in the fields of their choice. I'm sure you know by now that the parents and students desire to keep the program intac~ Roanoke City Schools has a transition plan to split up Blue Ridge and put the students back in the their home schools. I~E feel that this is not best for Blue Ridge. I~E understand the new budget does not include the operating cost for Blue Ridge and that is why we are here tonigh~ I would like to see the city and the school system find a way to keep blue ridge intac~ I~e understand that we tnay not be able to keep blue ridge at it's current location. If that can't be achieved, Is there a city building that is not in use, in good condition that Blue Ridge may move into either on a temporary or permanent basis. I~hat l'~n asking for is help from this council to keep Blue Ridge intact. It is an excellent program with a bright future. I know that you will hear from a lot of parents tonigh~ So please keep an open mind. In closing, I feel that it would be an injustice to the students of this school to separate the program into two separate locations. These students are Roanoke's future. Thank you for letting me speak with you tonigh~