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HomeMy WebLinkAboutCouncil Actions 04-18-05 McDaniel 370 ! 4-04 ! 805 ROANOKE CITY COUNCIL REGULAR SESSION APRIL 1 8, 2005 2:00 P.M. CITY COUNCIL CHAMBER AGENDA 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 C. Nelson Harris. Welcome. Mayor Harris. NOTICE: Today's Council meeting will be replayed on Channel 3 on Thursday, April 21, 2005, at 7:00 p.m., and Saturday, April 23, 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 MAJORITY 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 AT THE ENTRANCE TO THE COUNCIL CHAMBER. ON THE SAME AGENDA ITEM, ONE TO FOUR SPEAKERS WILL BE ALLO'I-I'ED 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-I-EE 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: A Resolution memorializing the late Arthur E. Smith, a long-time Roanoke resident and former attorney. Adopted Resolution No. 37014-041805. (7-0) File #80-367 Proclamation declaring April 18, 2005 as Beth Poff Day. File #3 2 C-1 CONSENT AGENDA Approved (7-0) ALL MAq-rERS 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, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in the request. File #110-132 C-2 C-3 A communication from Jane R. Conlin, Director of Human/Social Services, advising of the resignation of H. Clarke Curtis as a member of the Human Services Advisory Board, effective immediately. RECOMMENDED ACTION: Accept resignation and receive and File #72-110 file communication. Qualification of Christene A. Montgomery as a member of the Parks and Recreation Advisory Board, for a term ending March 31, 2008. RECOMMENDED ACTION: Received and filed. File #1 5-67-110 REGULAR AGENDA 4. PUBLIC HEARINGS: NONE. 5. PETITIONS AND COMMUNICATIONS: ao A communication from Council Member Sherman P. Lea, the City's representative to the Roanoke Valley Regional Cable Television Committee, transmitting the RVTV Fiscal Year 2006 budget. Adopted Resolution No. 3701 5-041 805. (7-0) File #60-448 A request of the Roanoke Valley Resource Authority to present the proposed 2005-2006 Annual Budget. John R. Hubbard, Chief Executive Officer, Spokesperson. (Sponsored by the City Manager.) Adopted Resolution No. 37016-041 805. (7-0) File #60-253 6. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: · Fiscal Year 2006 Recommended Budget 20 minutes Council instructed the City Manager to adjust the proposed 2005-2006 fiscal year budget to include Fire/EMS and Sheriff employees in the new pay scale that was approved for Police Officers which took effect on January 1,2005. File #5-18-60-70-121 ITEMS RECOMMENDED FOR ACTION: Acceptance of the 2004 Assistance to Firefighters - Fire Prevention and Safety Program Grant from the Federal Emergency Management Agency and United States Fire Administration, in the amount of $23,766.00; and transfer of funds. Adopted Budget Ordinance No. 3701 7-041805 and Resolution No. 3701 8-041805. (7-0) File #60-70-236 Execution of Renewal Number 1 to the Parking Agreement with Carillon Health System. Adopted Ordinance No. 37019-041 805. (7-0) File #544 4 7. REPORTS OF COMMI'I-fEES: Request of the Roanoke City School Board for appropriation of funds to various school accounts; and a report of the Director of Finance recommending that Council concur in the request. Kenneth F. Mundy, Executive Director of Fiscal Services, Spokesperson. Adopted Budget Ordinance No. 37020-041805. (7-0) File #60-467 8. UNFINISHED BUSINESS: NONE. 9. INTRODUCTION AND CONSIDERATION OF ORDINANCES AN D RESOLUTIONS: A Resolution ratifying and confirming the appointment of John B. Williamson, III, as a Director of the Western Virginia Water Authority, which appointment was made on March 17, 2005, by the Board of Directors of the Authority. Adopted Resolution No. 37021-041805. (7-0) File #468 10. MOTIONS AND MISCELLANEOUS BUSINESS: Inquiries and/or comments by the Mayor and Members of City Council. Dr. Cutler called attention to an article in T/~e Roano/ce Times on April 14, 2005, "Art Gets Canned" with regard to decorating trash cans to resemble classic art, at Addison Middle School, the purpose of which was to acquaint children with great art and to improve the overall appearance of the school. File #467 Dr. Cutler called attention to Regional Household Hazardous Waste Collection Days, the first of which will be held on May 15 from 12:00 - 3:00 p.m., at the Roanoke Valley Resource Authority - Tinker Creek Transfer Station, 1020 Hollins Road, N. E. Other collection dates are scheduled for August 7 and November 6 from 12:00 - 3:00 p.m. File #253 Dr. Cutler inquired about how the City handles e-trash (discarded surplus or obsolete electronics); whereupon, the City Manager advised that the City has implemented a program and she would brief the Council at its next meeting on Monday, May 2, 2005. File #144-529 The Mayor called .attention to the ground breaking ceremony for the Cuhnary School at the Roanoke Higher Education Center on Tuesday, April 19, 2005, at 11:00 a.m. File #414 At the request of the Mayor, Council unanimously adopted a motion instructing the City Manager to make the field at Victory Stadium available for high school football games and the Western Virginia Education Classic football game, and that the Council be provided with a report, including cost estimates, with regard to temporary measures that are proposed to be taken. File #122-388-467 bo Vacancies on certain authorities, boards, commissions and committees appointed by Council. 1 1. HEARING OF CITIZENS UPON PUBLIC MATTERS: 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. The following persons addressed Council with regard to Victory Stadium: Mark McConnel, 1 ! 0 Kirk Avenue, S. W. Mark Clarke, 6734 Shingle Ridge Road, Roanoke County Greg Lewis 18 Kirk Avenue, S. W. Stuart Barbour, 727 Riverland Road, S. E. Norbert Weckstein, 2602 Wilshire Avenue, S. W. Jim Fields, 1 7 Ridgecrest Road, Hardy, Virginia John Graybill 2443 Tillett Road, S. W. File # 122 Shaheed Omar, 1219 Loudon Avenue, N. W., spoke with regard to alleged police brutality. File #5-66 Anita Wilson, 32 Market Square, spoke with regard to the City Market Building. File #42 1 2. CITY MANAGER COMMENTS: The City Manager called attention to events that were held in the City of Roanoke during the past weekend; i.e.: Blue Ridge - Southwest Virginia Film Festival, on April 15 - 1 7, and the Giant Indoor Yard Sale on Saturday, April 16 at the Roanoke Civic Center, sponsored by the City of Roanoke's Recycling Committee to benefit recycling education efforts. File #104-317 CERTIFICATION OF CLOSED SESSION. (7-0) THE COUNCIL MEETING WAS DECLARED IN RECESS UNTIL 7:00 P.M., IN THE CITY COUNCIL CHAMBER. ROANOKE CITY COUNCIL REGULAR SESSION APRIL 18, 2005 7:00 P.M. CITY COUNCIL CHAMBER AGENDA Call to Order -- Roll Call. The Invocation was delivered by Mayor C. Nelson Harris. The Pledge of Allegiance to the Flag of the United States of Americawas led by Mayor Harris. Welcome. Mayor Harris. NOTICE: Tonight's Council meeting will be replayed on Channel 3 on Thursday, April 21,2005, at 7:00 p.m., and Saturday, April 23, 2005, at 4:00 p.m. Council meetings are offered with closed captioning for the hearing impaired. 9 A. PUBLIC HEARINGS: Citizen input regarding appointment of two Trustees to the Roanoke City School Board for three year terms of office, commencing July 1, 2005 and ending June 30, 2008. Applications were submitted by David B. Carson and William H. Lindsey. File #467 Request of GAPCO Management, LLC, that all proffered conditions established by Ordinance No. 28666-061587 on property located at 3839 Shenandoah Avenue, N. W., identified as Official Tax No. 2732201, be repealed and replaced with new proffered conditions. Edward A. Natt, Attorney. Adopted Ordinance No. 37022-041805. (7-0) File #51 Request of Mark A. Lucas and Lucas Physical Therapy, Inc., that property located at 739 Townside Road, S. W., identified as Official Tax No. 5490307, be rezoned from LM, Light Manufacturing District, Conditional, to C-2, General Commercial District, subject to certain conditions proffered by the petitioners. Edward A. Natt, Attorney. Adopted Ordinance No. 37023-041805. (7-0) File #51 Request of the Trustees of Edgewood Holiness Church that a portion of a 10-foot alley beginning at its intersection with Springfield Avenue, N.W., and running in a southerly direction for approximately 124 feet, be permanently vacated, discontinued and closed. Ernest R. Wood, Trustee, Spokesperson. Adopted Ordinance No. 37024-041805. (7-0) File #514 Request of Crawford Development Co., LLC, to amend proffered conditions on property located at 3806 'fhirlane Road, N. W., identified as Official Tax No. 6520105. C. Cooper Youell, IV, Attorney. Adopted Ordinance No. 37025-041805. (7-0) File #51 ]0 Request of The Scott Robertson Memorial Fund for tax exempt status of certain property located at the easternmost 250 feet of Densmore Road, N. W. Jennifer Blackwood, Interim Executive Director, The First Tee of Roanoke Valley, Spokesperson. Adopted Ordinance No. 37026-041805. (7-0) File #79 Proposed conveyance of a 0.460 acre portion of City-owned property, located in the Roanoke Centre for Industry and Technology, Official Tax No. 7230101, in exchange for the release and vacation of a 50-foot perpetual road right-of-way across property owned by Edwin and June Wilson. Darlene L. Burcham, City Manager. Adopted Ordinance No. 37027-041805. (7-0) File #2-166-207 Proposed conveyance of a 0.37 acre portion of City-owned property, located on Plantation Road in Roanoke County, Tax No. 027.11-02- 05.01-0000, to the Western Virginia Water Authority. Darlene L. Burcham, City Manager. Adopted Ordinance No. 37028-041805. (7-0) File #2-166-468 B. HEARING OF CITIZENS UPON PUBLIC MATTERS: 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. Jim Fields, 17 Ridgecrest Road, Hardy, Virginia, regard to the renovation of Victory Stadium. File #122 spoke with Angela Norman, President of the Committee for Community Preservation, and President of the Municipal Employees Association, spoke with regard to the City's Affirmative Action and Diversity report which was presented to Council by the City Manager on Monday, April 4, 2005. File #1 84-411 Robert Gravely, 727 29th Street, N. W., spoke with regard to the City's declining population base, real estate tax assessments, lack of affordable housing, a pay scale that is not conducive to home ownership, unfair City hiring practices, and insufficient wages for the City's work force. File #18-79-1 78-184 THE COUNCIL MEETING WAS DECLARED IN RECESS UNTIL THURSDAY, APRIL 28, 2005, AT 7:00 P.M., IN THE CITY COUNCIL CHAMBER, NOEL C. TAYLOR MUNICIPAL BUILDING, 215 CHURCH AVENUE, S. W., FOR THE PURPOSE OF HOLDING A PUBLIC HEARING ON THE PROPOSED FISCAL YEAR 2006 BUDGET. MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Ynginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk @ ci.roanoke.va.u s April 20, 2005 STEPHANIE M. MOON, CMC Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk File #80-367 Ms. Susan A. Smith Mr. David R. Smith Ms. Deborah S. Spencer c/o 1906 Belleville Road, S. W. Roanoke, Virginia 24015 Dear Ladies and Mr. Smith: I am enclosing copy of Resolution No. 37014-041805 memorializing your late father, Arthur F. Smith, a long-time Roanoke resident and former attorney. The Mayor, Members of Roanoke City Council and citizens of the City of Roanoke send their deepest condolences. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, April 18, 2005. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Enclosure IN THECOUNCILOF THE C1TY OF ROANOKE, VIRGINIA, The 18th day of April, 2005. No. 37014-041805. A RESOLUTION memorializing the late Arthur Edward Smith, a long-time Roanoke resident and former attorney. WHEREAS, the members of Council learned with sorrow of the passing of Mr. Smith on Tuesday, March 22, 2005; WHEREAS, the son of the late Benjamin S. Sm/th and Virginia Lanter Smith, Mr. Smith was born in Red Jacket, West Virginia and moved to Roanoke with his family when he was four years old; WHEREAS, Mr. Smith graduated from Jefferson High School in 1930, where he was captain of the track team, and a member of the football and basketball teams; WHEREAS, Mr. Sm/th earned a Bachelor of Arts degree in English from Roanoke College in 1934, and was a member of Pi Kappa Phi Fraternity; WHEREAS, during his summers while attending Roanoke College, Mr. Smith worked as a counselor at Camp Roanoke (then called Camp Johnson) in Salem, and was a proofreader at the Times World Corp.; WHEREAS, Mr. Sm/th attended the University of Virginia Law School, where he was on the Law Review and earned his L.L.B. in 1937; WHEREAS, Mr. Smith was selected to write the Class Poem for his graduating class at UVA and had many requests over the years for a copy of that poem, along with many other poems he wrote; WHEREAS, after passing the Bar Exam, Mr. Smith began his practice of law in downtown Roanoke on Franklin Road in 1937; K:',MEAS URES~r-memorializingar thurs mithatt omey.doe WHEREAS, World War II interrupted Mr. Smith's practice, and in 1940 he began work with the Office of Price Administration (OPA), where he held the position of District Enfomement Attorney for Durable Goods and Fuel and later became the Chief Investigator for the Roanoke District; WHEREAS, in 1946 the OPA was disbanded and after turning down an invitation to work in their Richmond office, Mr. Smith took up his law practice again in Roanoke's Shenandoah Building, where he practiced criminal law, later with an emphasis on divome and family law; WHEREAS, Mr. Smith was a member of the American Bar Association, the Virginia Bar Association, the Virginia State Bar, the Virginia Trial Lawyers Association, and the Roanoke Bar Association (president, 1960); and was very active in the area of family law throughout Virginia for many years; WHEREAS, Mr. Smith was a member of the Board of Governors of the Family Law Section of the Virginia State Bar, serving from the late 1970's through June 1984, and was the Chairman of the Board of Governors from 1981 to 1982; WHEREAS, while serving on the Board of Governors, Mr. Smith was instrumental in bringing about the passage of Virginia's equitable distribution law, frequently being called upon to testify before the Virginia Legislature; WHEREAS, Mr. Smith was involved in more than 6,000 divome cases throughout his career, was co-author of the Equitable Distribution Statute, and was generally acknowledged as "the granddaddy of divorce law in Virginia"; WHEREAS, Mr. Smith was a mentor to many young attorneys who now have successful practices of their own in Roanoke and throughout the State of Virginia; WHEREAS, Mr. Smith was chosen as the initial recipient of the Virginia State Bar Family Law Award in 1993, which honors persons who have made outstanding contributions to the area of family law in Virginia; K:RvlEASURES~r-memorializingarthursmithattomey.doc WHEREAS, Mr. Smith was a charter member of Windsor Hills United Methodist Church, where he served as a Sunday School teacher for many years; WHEREAS, Mr. Smith was a charter member of the Hidden Valley Country Club, where he spent most of his leisure time enjoying golf; WHEREAS, Mr. Smith was an accomplished pool player and motorcyclist, and rode his motorcycle until he was in his 70s. WHEREAS, Mr. Smith practiced law in Roanoke for more than 50 years until his retirement in December 1998; WHEREAS, Mr. Smith was a wonderful teacher, mentor, a captivating storyteller, and a good friend to many people in the Roanoke Valley, throughout the State of Virginia, and beyond. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. City Council adopts this resolution as a means of recording its deepest regret and sorrow at the passing of Arthur Edward Smith, and extends to his family its sincerest condolences. 2. The City Clerk is directed to forward an attested copy of this resolution to Mr. Smith's children: Susan Allison Smith, David Ring Smith, and Deborah Spencer, all of Roanoke, Virginia. ATTEST: City Clerk. K 5MEAS UR ES',r- memorializingar t hursmithatt omey.doc Office of the Mayor CITY OF ROANOKE rotlamation WHEREAS, Barbara Elizabeth Sutherland "Beth" Poff is a native of Abingdon, Virginia; she has been a long-time resident of the Roanoke area and attended Virginia Western Community College; she earned accreditation in Animal Management from the National Extension College in Cambridge, England,, and attended the program for Professional Management Development for Zoo and Aquarium Personnel offered by the American Zoo and Aquarium Association (AZ.A): and WHEREAS, Ms. poff has been an employee of the Mill Mountain Zoo since 1980, where she began her career as an Animal Keeper: she was promoted to Animal Care Supervisor in 1982, and was appointed Executive Director in 1986; she has been a member of the AZA since 1983, and she was instrumental in securing accreditation for the Mill Mountain Zoo in 1995 and in 2000; and WHEREAS, Ms. Poff served as Chair of the Keeper Training Committee of the American Association of Zookeepers (AAZK) from 1983 to 1990, and was the recipient of the "Excellence in Zoo Keeping Award" in 1985, and, in 1988, the Mill Mountain Zoo received a Certificate of Merit for the Zookeeper Education Program which was implemented by Ms. Poffin 1986; and WHEREAS, Ms. Poff was an active participant in the Roanoke Valley Convention and Visitors Bureau from 1985 - 2003, having served on the Board of Directors from 1993 to 2003 and as President from 1996 to 1998; she received the "Golden Star Award" in 1988 and the "Tourism Ambassador Award" in 1993 for her contributions toward Roanoke regional tourism; from 1993 to date, she has worked closely with the Arts Council of the Blue Ridge, foctaing on non-profit cultural funding for the region ct~ Chair of the Funding Committee for the Cultural Master Plan; and WHEREAS, Mill Mountain Zoo has undergone numerous positive ~hanges during M~. Poff's 25 year tenure, such as: the Zoo has expanded its area of operation, adopted a new master plan, renovated exhibit areas and created new exhibits, increased its attendance to over 70,000 visitors annually, and increased its education and conservation programs; and, as a participant in the AZA's Species SurVival Plan, the Zoo has established a reputation as a successful breeder of several endangered species. NOW, THEREFORE, L C Nelson Harris, Mayor of the City of Roanoke, Virginia, in recognition of her many contributions to arts. culture and tourism in the Roanoke Valley, and her outstanding and unse~sh service to the community, do hereby proclaim Monday, April 18, 2005, throughout this great All-America City. as BETH POFF DAY. Given under our hands and the Seal of the City of Roanoke this eighteenth day of April in the year two thousand and five. ATTEST: Mary F. Parker C. Nelson Harris City Clerk Mayor 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 2~M4 FAX: (540) 853 1145 April 18, 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, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended. Sincerely, CNH:snh C. Nelson Harris Mayor MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Roora 456 Roanoke, Vu'ginia 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 April 27, 2005 File #110-318 Mr. H. Clarke Curtis 1309 Gilford Avenue, N. W. Roanoke, Virginia 24017 Dear Mr. Curtis: At a regular meeting of the Council of the City of Roanoke which was held on Monday, April 18, 2005, the Mayor and Members of Council were advised of your resignation as a member of the Human Services Advisory Board. On motion, duly seconded and adopted, the resignation was accepted. The Members of City Council requested that I express sincere appreciation for your willingness to serve the City of Roanoke as a member of the Human Services Advisory Board from November 17, 2003 to April 18, 2005. Please find enclosed a Certificate of Appreciation and an aerial view photograph of the Roanoke Valley which was issued by the Mayor on behalf of the Members of the Roanoke City Council. Sincerely, Mary arker CMC City Clerk MFP:ew Enclosure pc: Teresa I. McDaniel, Secretary, Human Services Advisory Board Stephanie M. Moon, CMC, Deputy City Clerk MARY F. 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) 853-1145 E-mail: clerk @ ci.roanoke.va.us April 20, 2005 File #15-67-110 STEPHANIE M. MOON, CMC Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk Carl H. Kopitzke, Chair Parks and Recreation Advisory Board 2314 Martin Lane, S. W. Roanoke, Virginia 24015 Dear Mr. Kopitzke: This is to advise you that Christene A. Montgomery has qualified as a member of the Parks and Recreation Advisory Board, for a term ending March 31, 2008. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew pc: Stephanie M. Moon, CMC, Deputy City Clerk Nicole R. Ashby, Secretary, Parks and Recreation 210 Reserve Avenue, S. W., Roanoke, Virginia 24016 Advisory Board, Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Christene A. Montgomery, 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, 2008, according to the best of my ability (So help me God). Subscribed and sworn to before me this ~l day of /~J~.~c~ 2005. BRENDA L. HAMILTO~ OF THE CIRCUIT COURT , DEPUTY CLERK K:\oath and leaving serviceWarks and Rec~christine a montgomery oath05.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.corn April ! 8, 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 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.com April 18, 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 §2.2-3711 .A.3, Code of Virginia (1950), as amended. Sincerely, DLB/f C: William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Mary F. Parker, City Clerk MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room456 Roanoke, Vn'ginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk @ ci.roanok¢.va.u$ STEPHANIE M. MOON, CMC Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk April 20, 2005 File #60-448 Elaine Simpson, Station Manager Roanoke Valley Regional Cable Television 541 Luck Avenue, S. W., Suite 145 Roanoke, Virginia 24016 Dear Ms. Simpson: I am enclosing copy of Resolution No. 37015-041805 approving the recommendation of the Roanoke Valley Regional Cable Television Committee with regard to the annual operating budget for Fiscal Year 2005-2006, in the amount of $304,713.00, with $164,545.00 representing the City of Roanoke's prorata share, for operation of the regional government and education access station, Roanoke Valley Television (RVTV, Channel 3. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, April 18, 2005. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Enclosure pc: 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 Darlene L. Burcham, City Manager Jesse A. Hall, Director of Finance Sherman M. Stovall, Director, Office of Management and Budget Larry Brown, Public Information Officer UN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of April, 2005. No. 37015-041805. A RESOLUTION approving the recommendation of the Roanoke Valley Regional Cable Television Committee to approve the annual operating budget for Fiscal Year 2005-2006 for the operation of the regional government and educational access station, Roanoke Valley Television (RVTV, Channel 3), and for the City to provide partial funding. WHEREAS, the Roanoke Valley Regional Cable Television Committee (Committee) has reviewed and approved the annual budget for the Fiscal Year 2005-2006 for the operation of RVTV and has requested that the City of Roanoke approve that budget; WHEREAS, the Committee is comprised of representatives from the City of Roanoke, Roanoke County, and the Town of Vinton and these jurisdictions have agreed to provide funding for the purposes for which the Committee was created, including the support of the operation of a regional government and educational access station, RVTV; WHEREAS, such jurisdictions have agreed to provide funding as provided for in the agreement creating the Committee and the Committee has recommended that the City of Roanoke provide partial funding to RVTV in the amount of $164,545.00, which is within the limits provided for in the agreement; and WHEREAS this Council desires to approve the recommendation of the Committee and provide partial funding as requested by the Committee. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The annual budget of $304,713.00 for Fiscal Year 2005-2006 for the operation of the regional government and regional educational access station, RVTV, as set forth in a letter to this Council dated April 18, 2005, is hereby approved. 2. The amount of $164,545.00 will be provided by the City of Roanoke as its prorata share for the annual operational budget for RVTV for the Fiscal Year 2005-2006 as requested in the letter to this Council dated April 18, 2005. ATTEST: City Clerk. K:~I~RVfV 200~ budget.doc 2 C. NELSON HARRIS Mayor CITY OF ROANOKE CITY COUNCIL 215 Church Avenue, S.W. Noel C. Taylor Municipal Building, Room 456 Roanoke, Virginia 2401 I- 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 April 18, 2005 Council Members: M Rupert Cutler Alfred T. Dowe, Jr. Beverly T. Fitzpatrick, Jr. Sherman P. Lea Brenda L. McDaniel Brian J. Wishneff The Honorable C. Nelson Harris, Mayor And Members of City Council Roanoke, Virginia Dear Mayor Harris and Members of City Council: Subject: 2005-06 RVTV Budget The City of Roanoke, the County of Roanoke, and the Town of Vinton jointly operate Roanoke Valley Television (RV-I-V). The initial equipment and facilities for the television station were funded through a $480,000 capital grant from Cox Communications. The station is located at the Jefferson Center and currently employs five full-time staff members. The staff produces videos and shows for the local governments and school systems and cablecasts them, along with government meetings, on Cox Communications' Channel 3. On June 8, 1992, City Council approved the Roanoke Regional Cable Television Agreement, which requires that the RVTV Operating Budget be approved by the governing bodies of the city, the county, and the town. Funding for the Operating Budget is shared by the three governments, based on the annual proportion of Cox subscribers located in each jurisdiction. For the City of Roanoke for 2004-2005, RVTV produced 12 Inside Roanoke shows, 12 Spotlight on City Schools shows, 24 City Council meetings, and 22 original video productions for the City of Roanoke (13 for the City of Roanoke; 5 for City Schools; 4 joint City-County productions). The Roanoke Regional Cable Television Committee approved the attached RV-I-V Operating Budget for Fiscal Year 2005-06 (Attachment) at its March meeting. This budget amounts to $304,713.00 and is a 3.7 percent increase from the current year's budget of $293,865.00. Additional Information Cable Television staff is carried on the County's payroll and benefit system and will receive the same salary increase and insurance costs as other County employees. RV-I'V's current rent is $2,770.83 per month. Beginning March 1,2006, the rent will increase to $2,853.96 per month. The proposed budget includes funding for closed captioning services for both the City Council and Board of Supervisors Meetings. Fiscal Impact Cox Communications paid a 5% Franchise Fee to the local governments in 2004, which totaled $1,841,543 The local governments have informally agreed to allocate up to 20% of the Franchise Fees collected to the RVTV Operating Budget. For the coming year, that amount would be $368,309.00. RVTV's requested budget of $304,713.00 is less than that amount. Cox calculates the percentage of subscribers (December 31,2004) in each locality as follows: Locality Subscribers Percentage Roanoke 31,008 54% Roanoke County 23,593 41% Vinton 2,634 5% Based on those figures, each Iocality's contribution to the RVTV Operating Budget of $304,713 would be as follows: Locality Roanoke Roanoke County Vinton Total Contribution for FYO5 - 06 $164,545 $124,932 $ 15,236 $304,713 On behalf of the City's representatives to the Roanoke Valley Cable Television Committee, and as City Council's representative to that Committee, I am pleased to recommend that City Council approve the proposed RVTV budget for Fiscal Year 2005-06 in the amount of $304,713.00, with the City's contribution totaling $164,545.00. Sincerely, Sherman P. Lea City Council Member SPL:Iwb Attachment C' Darlene L. Burcham, City Manager Jesse Hall, Director of Finance William M. Hackworth, City Attorney Mary F. Parker, City Clerk Sherman Stovall, Director of Management and Budget Elaine Simpson, Station Manager, RVTV Mike Pedelty, Director of Community Relations, Cox Communications Gary Tegenkamp, Assistant City Attorney Larry W. Brown, Public Information Officer MARY P. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Vhginia 2401 I- 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@ci.roanoke.va.us April 20, 2005 STEPHANIE M. MOON, CMC Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk File #60-253 John R. Hubbard, P. E. Chief Executive Officer Roanoke Valley Resource Authority 1020 Hollins Road, N. E. Roanoke, Virginia 24012-8011 Dear Mr. Hubbard: I am enclosing copy of Resolution No. 37016-041805 approving the annual budget of the Roanoke Valley Resource Authority for Fiscal Year 2005-2006, in the amount of $8,606,670.00, 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, April 18, 2005, and is in full force and effect upon its passage. Si~'~I, ~.. ~1~.~- Mary F. Parker, CMC City Clerk MFP:ew Enclosure pc: Darlene L. Burcham, City Manager Jesse A. Hall, Director of Finance Robert K. 8engtson, Director of Public Works Sherman M. Stovall, Director, Office of Management and Budget Diane S. Childers, CMC, Clerk, Roanoke County Board of Supervisors, P. O. Box 29800 Roanoke, Virginia 24018-0798 Darleen R. Bailey, Clerk, Town of Vinton, 311 S. Pollard Street Vinton, Virginia 24179 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of April, 2005. No. 37016-041805. A RESOLUTION approving the annual budget of the Roanoke Valley Resource Authority for Fiscal Year 2005-2006, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that the annual budget for the Roanoke Valley Resource Authority for Fiscal Year 2005-2006, in the amount of $8,606,670 is hereby approved, all as more particularly set forth in a letter to the City Manager, dated March 30, 2005, from Bittle W. Porterfield, III, Chairman, Board of Directors of Roanoke Valley Resource Authority, copies of which have been provided to Council. ATTEST: City Clerk. K:qvlEASURESk-rvrabudget 102005-2006.doc ROANOKE VALLEY RESOURCE AUTHORITY March 30, 2005 Ms. Mary Parker, CMC City Clerk, City of Roanoke Municipal Building Room 456 215 Church Avenue, SW Roanoke, VA 24011-1536 Dear Ms. Parker: In accordance with the Member Use Agreement, the Resource Authority is submitting its 2005-2006 Annual Budget to the City Council for approval. Enclosed are copies of the 2005-2006 Budget for each member of the City Council. A copy of the budget, along with the attached letter, have been sent to Ms. Burcham, requesting that she initiate action for approval of the budget by the City Council. If you have any questions or if you need additional copies of the budget, please let me know. Your help with this matter is appreciated. Sincerely, Chief Executive Officer cc: Bob Bengtson 1020 Hollins Road, NE Roanoke, Virginia 24012-8011 (540) 857-5050 Fax (540) 857-5056 Web Site: www.rvra.net 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 April 18, 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 Bittle W. Porterfield, III, Chairman of Roanoke Valley Resource Authority, for submission of the Resource Authority's 2005 - 2006 Annual Budget. Darlene L. Bur City ManageF' ham DLB:sm C: City Attorney Director of Finance City Clerk ROANOKE VALLEY RESOURCE AUTHORn March 30, 2005 Ms. Darlene Burcham City Manager City of Roanoke 215 Church Avenue Roanoke, VA 24011 Dear Ms. Burcham: On March 30, 2005, the Roanoke Valley Resource Authority approved its 2005/2006 annual budget. The budget totals $8,606,670 and represents a slight decrease of-0.3% fi.om the current 2004/2005 Budget. The tipping fee rate for Charter Members and commercial users remain the same. The Resource Authority continues its efforts to provide the most economical service possible while maintaining contract obligations and high quality service to the Roanoke Valley. This proposed budget is a reflection of those efforts. In accordance w/th the Member Use Agreement, the Resource Authority's 2005/2006 Annual Budget is being submitted for the City Council's approval. Attached is a summary of the budget, a comparison of the budget and the bond projections. A detailed budget is available, if additional information is needed. The Resource Authority is committed to serving the residents and businesses of the City of Roanoke and other Charter Members, and we look forward to continued success. Sincerely, Bittle W. Porterfield Chairman 1020 Hollias Road, NE Roanoke, Vir,~inia 24012-8011 (540) 857-5050 Fax (540) 85%5056 Web Site: www.rvra.net Roanoke Valley Resource Authority Rotary Tipper 2005-2006 Bound o£ DJneczo~s, Sr~fi~;t~d Cov~sd Board of Directors The Roanoke Valley Resource Authority Board of Directors is comprised of seven members appointed by the charter member jurisdictions. Four members represent Roanoke County, two members represent Roanoke City and one member represents the Town of Vinton. The Authority Board is governed by its Articles of Incorporations, Bylaws and the Members Use Agreement. Bittie W. Porterfield III Chair Anne Marie Green, Vice Chair County of Roanoke Diane D. Hyatt, Treasurer County of Roanoke Keith Tensen County of Roanoke Robert K. Bengtson City of Roanoke Kevin S. Boggess Town of Vinton Suzie Snyder County of Roanoke Staff The Roanoke Valley Resource Authority is directed by a Chief Executive Officer with 30 employees. John R. Hubbard Chief Executive Officer Deborah T. Charles Board Secretary Counsel The Resource Authority receives legal counsel through a conlxact with the Roanoke Regional Airport Coramission. Mark A. Williams, Esq. General Counsel Roanoke Valley Resource Authority TABLE of CONTENTS Budget Summary Revenues Expenses * Personnel * Operating * Capital * Debt Service Bond/Budget Comparison Tipping Fees Breakdown Appendix * Resolutions 1 3 4 6 12 13 14 14 15 16 2005-2006 BUDGET Disposal Fees Interest Income Transfer from General Surplus Sale of Recyclable Material Miscellaneous Transfer - Ru~xough Road 2005-2006 7,255,240 371,340 860,885 24,000 28,000 67,205 Total $ 8,606,670 EXPENSES Personnel Operating Capital Transfer to Reserves Debt Service $ 1,581,987 $ 3,078,558 $ 15,000 $ 1,160,000 $ 2,771,125 Total $ 8,606,670 DISPOSAL FEES Municipal Private Per Ton $45 Per Ton $55 2005-2006 BUDGET Roanoke Valley Resource Authority SU RY BUDGETS Disposal Fees Interest Income Transfer from General Surplus Sale of Recyclable Material Miscellaneous TOTAL 2000-01 2001-02 2002-03 2003-04 2004-05 2005-06 $ 7,367,475 $ 6,755,525 $ 6,727,925 $ 6,719,800 $ 7,260,200 $ 7,255,240 $ 600,000 $ 1,000,000 $ 700,000 $ 446,340 $ 371,340 $ 371,340 $ $ 519,000 $ 800,000 $ 876,329 $ 875,310 $ 860,885 $ 10,000 $ 28,000 $ 24,000 $ 30,000 $ 31,000 $ 24,000 $ 23,000 $ 21,000 $ 18,000 $ 19,500 $ 90,665 $ 95,205 $ 8,000,475 $ 8,323,525 $ 8,269,925 $ 8,091,969 $ 8,628,515 $ 8,606,670 EXPENSES Personnel Operating Capital Transfer to Reserves Debt Service TOTAL $ 1,388,454 $ 1,393,955 $ 1,378,030 $ 1,390,008 $ 1,516,632 $ 1,581,987 $ 2,574,793 $ 2,780,344 $ 2,758,413 $ 2,747,717 $ 2,871,757 $ 3,078,558 $ 100,000 $ m5,200 $ 193,500 $ 20,000 $ 312,600 $ 15,000 $ 1,160,000 $ 1,160,000 $ 1,160,000 $ 1,160,000 $ 1,160,000 $ 1,160,000 $ 2,777,228 $ 2,774,026 $ 2,779,982 $ 2,774,244 $ 2,767,526 $ 2,771,125 $ 8,000,475 $ 8,323,525 $ 8,269,925 $ 8,091,969 $ 8,628,515 $ 8,606,670 DISPOSAL FEES Municipal $ per ton Private $ per ton 51 51 42 42 45 45 55 55 55 55 55 55 % INCREASE 3.3% 4.0% -0.6% -2.2% 6.6% -0.3% 2005-2006 BUDGET . 2 -- Roanoke Valley Resource Authority 2005-2006 BUDGET CODE DESCRIPTION FY04-05 FY05-06 JUSTIFICATION 493 ]~ipping Fees $ 7,260,200 $ 7,255,240 Based on tonnage receipts of: 154,960 Municipal 95,000 tons @ 45 $ 4,275,000 Commercial 39,200 tons @ 55 $ 2,156,000 Residential 6,200 tons @ 45 $ 279,000 Wood 14,400 tons @ 35 $ 504,000 Tires 8,600 tires @ 2 $ 17,200 2,280 tires @ 5 $ 11,400 160 tom-split tires @ $79 $ 12,640 Total $ 7,255,240 401 Interest Income $ 371,340 $ 371,340 Debt Service Reserve Fund $ 171,340 Opera~g & Other Reserve $ 200,000 956 Transfer from General $ 875,310 $ 860,885 Funds available from General Surplus fund Surplus 556 Sale of Recyclable $ 31,000 $ 24,000 Sale of Recyclable Scrap Material Metal & Miscellaneous 515 Miscellaneous $ 28,000 $ 28,000 Mulch Sales 976 Transfer f~om $ 62,665 $ 67,205 For services provided by staff In conjunction Rutrough Road Fund with Post Closure Care activities TOTAL REVENUE $ 8,628,515 $ 8,606,670 2005-2006 BUDGET 3 -- Roanoke Valley Reso,.rrce Authority EXPENSES PERSO1NNEL 2005-2006 BUDGET -- PERSONNEL CODE DISCRIPTION FY2004-05 FY2005-06 JUSTIFICATION 1010 Salaries $1,021,445 $1,058,391 Salaries for 30 employees 1015 OverOxne $45,000 $45,000 Ex~ra work required on Saturdays & Holidays 1020 Part - time $5,000 $5,000 Buildings and grounds maintenance 1116 Supplemeants $10,000 $10,000 Outstanding performance recognition 2100 F.I.C.A. $81,966 $84,792 7.65 % of salaries, overtime, par~ lime 2200 Retirement- VRS $106,463 $108,343 13.50 % of salaries 24 employees $802,539 2204 Retirement- City $22,259 $30,497 12.61 % of salaries 6 employees $241,851 2202 Deferred Comp. Match $19,500 $19,500 $25 per pay period 30 employees 2300 Hospitalization $152,340 $156,000 30 part~cipafingemployees 5.5% single 15 $346 per month $ 62,280 family 13 $546 per month $ 85,176 sing+l 2 $356 per month $ 8,544 includes 4 retirees 2310 Dental $5,500 $5,500 25 participating employees 2400 Life Insurance - VP, S $0 $0 0.00 % of salaries 24 employees $802,539 2401 IJffe Insurance - City $0 $0 0.00 % of salaries 6 employees $241,851 2500 Long Term Disability Ins. $2,860 $2,963 Disability Insurance for 30 employees 0.56% salaries RVRA pays 50% 2700 Workers' Comp. Ins. $28,000 $28,000 Workers' Comp. Insurance 30 employees 2800 Termination Pay $28,000 $28,000 Annual and sick leave payments TOTAL PERSONNEL $1,528,333 $1,581,987 2005-2006 BUDGET -- 4 POSITION CEO Administrative Assistant Operations Manager Superintendent Operations Supervisor Administrative Secretary Secretary Motor Equipment Operator Building Maintenance Mechanic Motor Equipment Mechanic Scale Operator Scale Operator/Office Assistant Account Clerk I Laborer/Operator Accountant 1 0 1 1 2 3 0 14 1 2 1 1 0 2 1 GRADE CURRENT PAY RANGE U Unclassified 24 $ 33,323 to $ 4%516 33 $ 51,695 to $ 76,816 26 $ 36,738 to $ 54,591 22 $ 30,225 to $ 44,913 17 $ 23,682 to $ 35,190 13 $ 19,483 to $ 28,951 19 $ 26,109 to $ 38,797 19 $ 26,109 to $ 38,797 19 $ 26,109 to $ 38,797 16 $ 22,554 to $ 33,514 16 $ 22,554 to $ 33,514 15 $ 21,480 to $ 31,918 11 $ 17,672 to $ 26,259 24 $ 33,323 to $ 4%516 TOTAL SALARIES Adjustments: Market Performance TOTAL ADJUSTED SALARIES *8 POSITIONS VACANT 30 2.0% 2.0% mid-point $ 1,046,515 $ 1,017,118 6/30/05 $ 20,342 $ 1,037,460 $ 20,930 $ 1,058,391 2005 - 2006 BUDGET -- 5 Roanoke V~lley Resovxce Authority OPERATING 2005-2006BUDGET -- Roanoke Valley Resource Authorit~ OPERATING CODE DESCRIPTION FY04-05 FY05-06 JUSTIFICATION 3004 Medical Exams $ 600 $ 600 Physical exams for new employees; drug and alcohol random testing 3007 Contract Services $ 161,565 $ 169,075 Employee Assistance Program: $15.50 @ x 30 employees $ 465 Groundwater Monitoring *Drinking Water Sampling 24 @ $615/sample $ 14,760 *Monitoring Wells 5 wells; 2 events/year $17,500/event = $ 35,000 Norfolk Southern Rail Inspections $ 1,000 Stormwater Discharge *Permit Sampling 2 samples x $250 $ 500 Gas Monitoring Quarterly e $650 $ 2,600 'Clean Valley Council 12 months $ 45,000 Freon Removal no charge $ Tire Disposal 50 loads @ $1,395 $ 69,750 3011 [ardtorial Service $ 18,204 ' $ 18,204 Services for all Facilities $1,517/month $ 18,204 3012 Exterminating Services $ 1,284 $ 1,404 T.S. - $62/month $ 744 S.G. - $55/month $ 660 3013 Professional Services $ 56,245 $ 62,475 Auditing Services $ 10,300 Legal Serwices $ 38,000 Engineering Services $ 5,000 Software support $ 3,675 Outside Legal $ 4,000 Leachate sampling $ 1,500 3029 Municipal Waste $1,387,240 $1,472,208 Norfolk South~ru 142,000 61 tons/car = 2,328 5% increase 1,800 cars: $668/car $ 1,202,400 528 cars: $511/car $ 269,808 Total $ 1,472,208 2005-2006 BUDGET 6 CODE DESCRIPTION FY04-05 FY05-06 JUSTIFICATION 3030 Waste Water Freight $ 87,840 $ 102,400 Leachate Cars 200 Cars @ $512 $ 102,400 3035 Stone Car Fre/ght Charge $ 7,305 $ 7,665 Stone Cars 15 Cars @ $511 $ 7,665 3101 Temporary Help $ $ - Buildings and grounds maintenance 3202 Repairs/Office Equipment $ 1,500 $ 1,000 Maintenance and repairs to office equipment 3204 Repairs to Autos ' $ 4,000 $ 4,000 Maintenance and repairs to all road vehicles 3206 Repairs to Data $ 1,500 $ 1,500 Maintenance and repairs to Processing all data processing equipment 3208 Repairs to Buildings $ 60,000 $ 60,000 Maintenance and repairs to all buildings and Grounds and property; pump stations, septic tanks. 3209 Repairs to Other $ 100,000 $ 120,000 Construction Equipment Equipment Off Road Vehicles $ 80,000 Tipper $ 10,000 Railcars $ 10,000 Miscellaneous Equipment $ 20,000 Tub Grinder, Seeder, etc. 3530 Printed Forms $ 5,000 $ 5,000 Letterhead, envelopes, cards, scale tickets repair orders, purchasing forms includes General Counsel 3610 Advertising $ 1,500 $ 2,000 Personnel, RFP, bids, public hearings, etc. Newsletter $ 450 3620 Public Information $ 3,000 $ 3,000 Handouis $ 1,100 User Brochures $ 300 HHW Brochures $ 650 M~scellaneous $ 500 2005-2006 BUDGET I 7 CODE DESCRIPTION FY04-05 1~05-06 JUSTIFICATION 3625 Promotional Articles $ 2,000 $ 2,000 Recyling handouts, pens, >encils, miscellaneous items 3630 Special Events $ 2,000 $ 2,000 Annual Employee Ouhngs 4600 Central Services $ 45,000 $ 45,000 Administrative services, Roanoke County/Roanoke City for data processing, accotmtin~ miscellaneous 5110 Utilities - Electricity $ 42,500 $ 42,500 l'ransfer Station $1,333/month $ 16,000 !Smith Gap Landfill $2,208/month $ 26,500 5121 Utilities - Heat - Fuel $ 10,300 $ 14,200 Transfer Station Natural Gas $ 4,900 Smith Gap Landfill Propane Gas $ 9,300 5141 Water Service - Transfer $ 5,000 $ 5,000 Water Service for Transfer Station Station 5142 Sewer Service - Transfer $ 10,800 $ 12,000 Sewer Service Station Leachate - Smith Gap $ 12,000 5210 Postage $ 3,500 $ 3,500 Postage for all mailings and :orrespondence, postage meter rent, includes General Counsel 5230 l'elephone $ 12,000 $ 12,000 Telephone service to both facilities, rental of lines & equipment, long distance calls, fax lines, includes General Counsel 5235 Car Phones $ 1,200 $ 1,600 Service for four cell phones 2005-2006 BUDGET 8 CODE DESCRIPTION 1~'04-05 FY05-06 JUSTIFICATION 5302 Property insurance-Fire $ 50,000 $ 59,000 Coverage for all buildings, contents, and equipment 5305 Motor Vehicle Insurance $ 7,500 $ 8,100 Insurance for on-road vehicles 5307 Public Officials Insurance $ 400 $ 400 Insurance through VML or VACO pools 5308 General Liability Ins. $ 9,200 $ 10,500 Coverage for all facilities & property 5410 Rent of Equipment $ 15,000 $ 12,000 Rental of Miscellaneous Equipment He~v~ Equipment Emergency Equipment Copy Machines 5501 Travel - Mileage $ 500 , $ 500 Use of personal vehicles for RVRA business, staff, and Board Members 5503 Travel - Lodging $ 2,500 $ 2,500 Out of town conference lodging, SWANA, VML, legal conferences, including meals 5504 Conference $ 1,500 $ 1,500 Uonference registrations; SWANA, VM3L, legal conferences 5520 Dinner Meetings - $ 2,500 $ 2,500 Monthly Board meetings, dinners and Luncheons luncheons associated with RVRA 5540 Training & Education $ 2,000 $ 2,000 Operator training for hazardous materials, certification, miscellaneous 5601 Contributions $ 402,000 $ 402,000 Payments per con~act to: Roanoke County $ 300,000 Roanoke City $ 100,000 Volunteer fire and rescue $ 2,000 2005-2006 BUDGET 9 CODE DESCRIPTION FY04-05 FY05..06 JUSTIFICATION 5801 Dues $ 1,500 $ 1,500 Professional & Association dues: Rotary, ~ 5815 Warrants and Fees $ 800 $ 16,800 Returned check fees and misc. fees DEQ annual fee - $16,000 5823 Employee Recognition $ 5,500 $ 5,500 Awards and Certificates 5850 Miscellaneous Operating $ $ - No programs planned 6010 IOfficeSupplies $ 6,000 $ 6,000 Office paper, pens, pencils, folders, etc. 6011 Photocopies $ 400 $ 400 Miscellaneous Photocopies 6013 Small Equipment & $ 13,000 $ 13,000 Small items of office and shop equipment Supplies and supplies, tools, miscellaneous 6040 Medical Supplies $ 1,000 $ 1,000 First aid kits and vaccinations 6050 anitorial Supplies $ 1,500 $ 1,500 Supplies for general cleaning & sanitation 6071 Radio Parts $ 1,000 $ 2,650 Miscellaneous radio parts & repair, etc. 6080 ~as, Oil, Grease $ 125,000 $ 175,000 Fuel for all equipment and vehicles, includes oil, lubricants 6091 Tires, Tubes, Parts $ 50,000 $ 40,000 Replacement and maintenance parts and supplies for all equipment and vehicles 6130 Uniform and Wearing $ 14,000 $ 14,000 Safety Shoes - 23 employees $ 2,300 Apparel Rain gear, shirts, hats, misc. $ 1,500 Rental of uniforms - 23 $ 10,000 mats, towels $ 200 2005-2006 BUDGET I 10 CODE DESCRIPTION FY04-05 FY05-06 JUSTIFICATION 6202 Subscriptions $ 100 $ 100 Professional magazines and manuals 6203 Books $ 200 $ 200 Miscellaneous books and manuals 6211 Code Books $ $ Miscellaneous legal code books 6501 Dther Operating Supplies $ 25,000 $ 30,000 Disinfectma~s, deodor/zers, salt for roads, gravel and stone for roads, seed, mulch ferhliTers and lime for seeding slopes, fill areas and other areas, miscel/aneous office supplies 6503 Fire Equipment and $ 1,200 $ 1,200 Fire hoses, nozzles, wrenches for fire Supplies fighting and for cleaning both facilities 9670 Unappropr/~ted Balance $ 101,374 $ 98,377 For unexpected expendiVares 3.0% TOTAL OPERATING $ 2,743,391 $ 3,078,558 2005-2006 BUDGET 11 Roanoke VaLley Resource Authority E~E~SES 2005-2006 BUDGET VaSty Reso=, CAPITAL CODE DESCRIPTION FY04-05 FY05-06 JUSTIFICATION 8101 Machinery & Equipment $ 5,000 $ New 8102 Machinery & Equipment $ 16,000 $ Replacement 8201 Frmxit~rre, Office $ $ Equipment New 8202 Furui~re, Office $ $ 15,000 Scale house interior renovations Equipment Replacement 8302 Communications $ 10,000 $ Equipment Replacement 8402 Small Capital Outlay $ $ Replacement 8701 Data Processing $ - $ Equipment New 8702 Data Processing $ 71,600 $ Equipment Replacement 8903 Building Improvements $ 210,000 TOTAL CAPITAL $ 102,600 $ 15,000 2005-2006 BUDGET 12 Roanoke VaLley Resource Authority EXPENSES RESERVES 2005-2006 BUDGET CODE DESCRIPTION BALANCE DEPOSIT EXPENSE BALANCE JUSTIFICATION 7/1/05 2005-06 2005-06 6/30/06 924500 Landfill Closure $ 4,132,755 $ 250,000 $ 50,000 $ 4,332,755 As required by Bond Indenture and State & Federal regulations to close Smith Gap l&ndfill. Bidding documents 925010 Equipment Reserve $1,712,0955 400,000 $ 366,000 $1,746,095 For replacement of ~ equipment per equipment replacement schedule. 925020 Environmental $ 500,000 $ - $ - $ 500,000 Groundwater Contingency Fund protection fund per local permit. 925030 Landfill Hnst $ 88,000 $ 10,000 $ - $ 98,000 As per local permit. Community Improvement Fund 925040 Property Value $ 443,193 $ - $ - $ 443,193 As per local permit. Protection Curreut fund is adequate based on anticdpated sales. 925050 Future Site $ 4,147,537 $ 500,000 $ 4,025,000 $ 622,537 Bidding and begin Development consta-uction of Phases 5-10 925060 Landfill Interim & $ 244,000 $ $ $ 244,000 For development of Post Development unused portions of Smith Gap property for recreation. TOTAL CAPITAL $11,267,580 $1,160,000 $ 4,441,000 $7,986,580 2005-2006 BUDGET 13 Roanoke Valley Resource Authority BOND/BUDGET COi~[PARISON 2005-2006 BUDGET COMPARISON CATEGORY BOND CURRENT FY2005-06 PROJECTION BUDGET BUDGET WASTE GENERATION (Tons) Solid Waste Generated Residential Waste 83,600 99,650 101,200 Commercial Waste 110,700 40,000 39,200 Less: Additional Source Recycling Residential Waste (5,2001 0 0 Commercial Waste (6,9013 0 0 Solid Waste to the System 182,200 139,650 140,400 OPERATING REVENUES Tipping Fee Revenue Requirement $ 12,822,000 $ 7,260,200 $ 7,255,240 Interest Income $ 689,000 $ 371,340 $ 371,340 Recycling Income $ $ 59,000 $ 52,000 Transfer from General Surplus $ $ 875,310 $ 860,885 , I'otal Operating Revenues $ 13,511,000 $ 8,565,850 $ 8,539,465 OPERATING EXPENSES Landfill and Transfer Station $ 4,516,000 $ 2,818,604 $ 2,693,272 Rail Expenses $ 2,523,000 $ 1,482,385 $ 1,582,273 Total Operating Expenses $ 7,039,000 $ 4,300,989 $ 4,275,545 NET REVENUE AVAILABLE for DEBT SERVICE $ 6,472,000 $ 4,264,861 , $ 4,263,920 DEBT SERVICE $ 3,587,000 $ 2,767,526 $ 2,771,125 DEPOSITS TO RESERVE ACCOUNTS Closure Fund $ 500,000 250,000 250,000 Renewal and Replacement Funds Equipment Reserves $ 700,000 400,000 400,000 Environmental Contingency Fund $ 130,000 Host Community Improvement $ 10,000 10,000 10,000 Property Value Protection $ Total Deposits to R & R Fund $ 840,000 $ 410,000 $ 410,000 HOST FEES $ 400,000 $ 400,000 $ 400,000 EXCESS REVENUES $ 1,145,000 $ 437,335 $ 432,795 INDENTURE COVERAGE TEST (.10 mirfimum) 0.3192 0.1580 0.1562 ADDITIONAL DEPOSITS TO RESERVES Further Site Development $ 920,000 $ 500,000 $ 500,000 Interim and Post Development $ 25,000 $ $ Recycling $ 200,000 $ $ Total Additional Deposits to Reserves $ 1,145,000 $ 500,000 I $ 500,000 SOLID WA~IE TIPPING FEES (S/ton) Residential (Mtmidpal) $ 67.52 $ 45.00 $ 45.00 Commerdal $ 72.52 $ 55.00 $ 55.00 2005-2006 BUDGET 14 Roanoke Valley Resource Authority TIPPE~qG FEE BP, E_,A KT~OW~ 2O05-2O06 BUDGET Roanoke Valley Resource Autho~y TIPP]2 G FEE BREAKDOWN I CATEGORY LANDFILL TRANSFER !TRANSPORT TOTAL PERCENT OPERATIONS 11.94 5.88 9.77 27.59 49% DEBT SERVICE 8.54 4.47 6.40 17.88 32% D~iTS AND 8.96 1.11 0.00 10.92 19% R~SERVES TOTAL 29.44 11.46 16.17 56.39 100% PERCENTAGE 52% 20% 28% 100% NOTES: Based on receiving a total of Operations costs are estimated to be 67% landfill and 33% transfer station. $4,275,545.00 Debt service based on const~-uction costs: 44% landfill, 23% transfer, 33% rail. $2,7V1,125.00 Deposits allocated as 89% landfffi, 11% transfer (includes host fees). $1,560,000.00 154,960 tons *AdditionaI revenue other than tipping fees allows total to be reduced to the proposed rates of: $ 45.00 per ton $ 55.00 per ton Roanoke Valley Resource Authority APPENDIX 2005-2006 BUDGET Roanoke Valley Resource Authority RESOLUTION March 30, 2005 RESOLUTION OF THE ROANOKE VALLEY RESOURCE AUTHORITY Adopted this 30th day of March, 2005 No. RA2005-423 A RESOLUTION approving the Authority's annual budget for fiscal year 2005-2006 and authorizing submittal of such budget to the governing bodies of the Charter Member Users for approval. BE IT RESOLVED by the Roanoke Valley Resource Authority that: 1. The fiscal year 2005-2006 Annual Budget for the Roanoke Valley Resource Authority as set forth in the report and accompanying attachments by the Chief Executive Officer dated March 23, 2005, and submitted to this Board is hereby approved; 2. The Authority Chairman is authorized on behalf of the Authority to submit the fiscal year 2005-2006 annual budget and related documents to the governing bodies of the Charter Member Users, bering the County of Roanoke, the City of Roanoke, and the Town of VLnton, for approval in accordance with the requirements of the Roanoke Valley Resource Authority Members Use Agreement, dated October 23, 1991, as amended. On the motion of Mrs. Hyatt to adopt the resolution, and carried by the following recorded vote: AYES: NAYS: ABSENT: Mr. Bengtson, Mrs. Green, Mrs. Hyatt, Mr. Porterfield, Mrs. Snyder, Mr. Tensen Mr. Boggess Deborah T. Charles RVRA Board Secretary CITY OF RO_A..NOKE Office of the C~ty Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk April 25, 2005 File #5-18-60-70-12! Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: At a regular meeting of the Council of the City of Roanoke which was held on Monday, April 18, 2005, Council instructed the City Manager to adjust the proposed 2005-2006 fiscal year budget to include Fire/EMS and Sheriff employees in the new pay scale that was approved for Police Officers which took effect on January 1,2005. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew pc: Jesse A. Hall, Director of Finance Sherman M. Stovall, Director, Office of Management and Budget or[ or Office of the City Clerk Mary F. Parker, CMC Stephanie M. Moon, CMC City Clerk Deputy City Clerk Sheila N. Hartman Assistant City Clerk April 20, 2005 File #60-70-236 Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Ordinance No. 37017-041805 appropriating funds for the Assistance to Firefighters 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, April :[8, 2005, and is in full force and effect upon its passage. Sincerely, Marg F. Parker, CMC City Clerk MFP:ew Attachment pc: Darlene L. Burcham, City Manager Sherman M. Stovall, Director, Office of Management and Budget James Grigsby, Chief, Fire-EMS IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of April, 2005. No. 37017-041805. AN ORDINANCE to appropriate funds for the Assistance to Firefighters Grant, amending and reordaining certain sections of the 2004-2005 General and Grant Funds 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 General and Grant Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: General Fund Appropriations REMS Operation and Maintenance Transfer to Grant Fund Grant Fund Appropriations Training and Development Revenue Assistance to Fire Fighters FY05 Assistance to. Fire Fighters-Local Match FY05 001-520-3521-3698 (7,129) 001-250-9310-9535 7,129 035-520-3343-2044 23,766 035-520-3343-3544 16,637 035-520-3343-3545 7,129 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. 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 April 20, 2005 File #60-70-236 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 37018-041805 authorizing acceptance of an Assistance to Firefighters Grant from the Federal Emergency Management Agency, in the amount of $16,637.00, with the City providing an additional $7,129.00 in local matching funds, as more fully set forth in a letter from the City Manager addressed to City Council under date of April 18, 2005. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, April 18, 2005, and is in full force and effect upon its passage. Sincerely, Mary F. ', CMC City Clerk MFP:ew Attachment pc: Jesse A. Hall, Director of Finance Sherman M. Stovall, Director, Office of Management and Budget James Grigsby, Chief, Fire-EMS IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of April, 2005. No. 37018-0~1805. A RESOLUTION authorizing the acceptance of an Assistance to Firefighters Grant from the Federal Emergency Management Agency, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council &the City of Roanoke as follows: 1. The City Manager is hereby authorized on behalf of the City to accept fi'om the Federal Emergency Management Agency the Assistance to Firefighters Grant in the amount of $16,637.00, with the City providing an additional $7,129.00 in local matching funds. Such grant being more particularly described in the letter of the City Manager, dated April 18, 2005. 2. The City Manager is hereby authorized to execute and file, on behalf of the City, any documems setting forth the conditions of the Assistance to Firefighters Grant, approved as to form by the City Attorney, required in connection with the acceptance of such grant and to furnish such additional information as may be required by the Federal Emergency Management Agency. 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 April 18, 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: Assistance to Firefighters Grant Award Background: The Assistance to Firefighters Grant Program is designed as an opportunity for the United States Congress to work with the Federal Emergency Management Agency (FEMA) to enhance basic fire service delivery across the United States. In fiscal year 2004, Congress appropriated a total of $745,125,000 to carry out the activities of the Assistance to Firefighters Grant Program. This appropriation included a mandate that no less than five percent of the appropriated funds support fire prevention activities. As such, $27,500,000 of the total appropriation has been reserved for Fire Prevention and Safety grants. The Federal Emergency Management Agency and the United States Fire Administration recently announced that the Roanoke Fire-EMS Department has been awarded a $23,766 grant from the 2004 Assistance to Firefighters - Fire Prevention and Safety Program. The total award package requires a local match of 30% totalling $7,129, which is budgeted in account 001-520-3521-3698. Considerations: The award will be used by the department for support in Fire Prevention and Education. Specifically, the funds will be used to enhance and maintain a comprehensive Fire and Life Safety Prevention program. The Mayor Harris and Members of Council April 18, 2005 Page 2 Recommended Action: Authorize acceptance of the grant award of $23,766, authorize the City Manager to execute the required grant agreement and any other related documents approved as to form by the City Attorney, and establish appropriate revenue and expenditure estimates in the Grant Fund in accounts to be established by the Director of Finance. Approve a transfer of the City match in the amount of $7,129 from account number 001-520-3521-3698 to the Transfers to Grant Fund account. Respectfully submitted, Darle .ne L..Bu~cham City Manage~ DLB:jsf C: Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance George C. Snead, Assistant City Manager for Operations James Grigsby, Fire-EMS Chief CMO5-00044 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 April 20, 2005 File #544 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 37019-041805 authorizing the City Manager to execute Renewal No. ltothe September 1, 1998, Parking Agreement between the City of Roanoke and Carillon Health System, as more fully set forth in a letter from the City Manager addressed to City Council under date of April 18, 2005. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, April 18, 2005, and is in full force and effect upon its passage. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Attachment Pc: William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance R. Brian Townsend, Acting Director, Economic Development IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of April, 2005. No. 37019-041805. AN ORDINANCE authorizing the City Manager to execute Renewal No. 1 to the September 1, 1998, Parking Agreement between the City of Roanoke and Carilion Health System; authorizing the City Manager to take such further action and execute additional documents to implement and administer such Parking Agreement; and dispensing with the second reading by title of this ordinance. WHEREAS, the City and Carilion entered into a Parking Agreement dated September 1, 1998, giving Carilion the right to purchase a minimum of 310 and up to a maximum of 440 parking permits for use in certain Parking Garages during normal business days and hours (herea~er- "Parking Agreement"); WHEREAS, Carilion purchased the maximum amount of 440 parking permits, but needed additional parking permits and thereafter entered into an Amendment 1, dated November 19, 2001, (Amendment 1) to the Parking Agreement to allow Carilion to obtain up to an additional 60 supplemental parking permits upon certain terms and conditions as set forth in Amendment 1; WI-~REAS, Section 4 of the Parking Agreement established the term of such Parking Agreement to be from September 1, 1998, through August 31, 2003, but was subject to being renewed upon mutual agreement of the parties for up to two additional 5 year periods; and WHEREAS, Cafilion has requested a renewal of the Parking Agreement, including Amendment 1, for an additional period of 5 years, retroactive from September 1, 2003, through K:\Measures\Carilion Parking Aqreement Renewal No. 1.doc ~ August 31, 2008, upon substantially the same terms and conditions as the original Parking Agreement and Amendment 1, except for certain modifications to both the original Parking Agreement and Amendment 1 as set forth in the City Manager's letter to Council dated April 18, 2005. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager and the City Clerk are hereby authorized on behalf the City to execute and attest, respectively, Renewal No. 1 to the Parking Agreement with Carilion dated September 1, 1998, for aterm of five years, to run retroactively from September 1, 2003, through August 31, 2008, which may be renewed for up to one additional five year period upon mutual agreement of the parties, that will provide for a minimum number of 310 parking permits to Carillon and a maximum of 440 parking permits, and up to 120 additional supplemental permits as provided for by a modification to Amendment 1 (such modification to be effective on April 18, 2005), all as more particularly set forth in the City Manager's letter, with attachment, to Council dated April 18, 2005. 2. The monthly charge for the parking permits will be at the rates as set forth in the above referenced City Manager's letter and attachment, and Renewal No. 1 will continue the Parking Agreement and Amendment 1 upon basically the same terms and conditions as the original documents, except for the modifications mentioned in such letter and attachment. 3. Renewal No. 1 with Carilion shall be substantially similar to the Renewal No. 1 attached to the above referenced City Manager's letter to this Council and be approved as to form by the City Attorney. 4. The City Manager is further authorized to take such action and execute such documents as may be reasonably necessary to provide for the implementation, administration, K:\M~asures\Carllion Parking A~r~m~nt Renewal NO. 1.doc 2 and enforcemem of such renewed Parking Agreemem, including renewing such Parking Agreement for one additional five year period as referenced above and as may be in the best imerest of the City. 5. 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. K:\Measures\Carilion Parking Agreement Renewal No. 1.doc 3 CITY OF ROANOKE OFFICE OF THE C1TY 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 April 18, 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: Renewal No. 1 to Parking Agreement between City of Roanoke and Carillon Health System Background: On September 1, 1998, the City of Roanoke entered into a Parking Agreement with Carillon Health System based upon the agreement of Carillon to create or relocate between 310 to 440 additional full time job positions in the city's Enterprise Zone One. This creation of positions required parking permits be made available for the persons selected to fill these positions. By Amendment 1 dated November 19, 2001, the Parking Agreement was amended to allow Carillon to purchase up to sixty (60) additional permits to meet the needs of their growing downtown workforce. Considerations: The original term of the Parking Agreement was September 1, 1998 through August 31,2003, and upon mutual agreement of the parties, it may be renewed for up to two additional five year periods. Carillon has requested the first five year renewal period as described in Renewal No.1 as contained in Attachment A. The rates for the renewal period (which were set out in the original Parking Agreement) are set forth in such Renewal No.1 and are subject to an increase under the conditions set forth therein. Carillon also requested an increase in the number of additional supplemental permits from (60) to (120) effective Mayor Harris and Members of City Council April 18, 2005 Page 2 April 18, 2005 as provided for in Amendment 1, to further support their expanded workforce in Enterprise Zone One. Recommended Action: Authorize the City Manager to execute Renewal No. 1 to the Parking Agreement, which includes Amendment 1, between City of Roanoke and Carilion Health System for a period of five (5) years retroactive to September ], 2003 through August 31, 2008, the form of such Renewal to be approved by the City Attorney. Authorize the City Manager to take such further action and execute additional documents as may be necessary to implement and administer Renewal Number 1 and the Parking Agreement, including any future renewal of such Parking Agreement. Respectfully submitted, _D.arle. ne L. B~'r~ham Lhty Manager DLB:djm C: Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Brian Townsend, Acting Director of Economic Development CM05-00019 RENEWAL NO. 1 TO PARKING AGREEMENT BETWEEN CITY OF ROANOKE AND CARILLON HEALTH SYSTEM This Renewal No. 1 to Parking Agreement (Renewal No. 1) is between the City Of Roanoke, Virginia, a municipal corporation organized and existing under the laws of the Commonwealth of Virginia, hereinafter referred to as the ("City"), and CARILION HEALTH SYSTEM, a nonprofit Virginia corporation, hereinafter referred to as ("Carilion") and is dated ,2005, and is retroactive to September 1, 2003. WHEREAS, the City and Carilion entered into a Parking Agreement dated September 1, 1998, giving Carilion the right to purchase a minimum of 310 and up to a maximum of 440 parking permits for use in certain Parking Garages during normal business days and hours (hereafter- "Parking Agreement"); and WHEREAS, Carilion has purchased the maximum amount of 440 parking permits, but needed additional parking permits and thereafter entered into an Amendment 1, dated November 19, 2001, (Amendment 1) to the Parking Agreement to allow Carilion to obtain up to 60 additional supplemental parking permits upon certain terms and conditions as set forth in Amendment 1; and WHEREAS, Section 4 of the Parking Agreement established the term of such Parking Agreement to be from September 1, 1998, through August 31, 2003, but was subject to being renewed upon mutual agreement of the parties for up to two additional 5 year periods; and WHEREAS, Carilion has requested a renewal of the Parking Agreement, including Amendment 1, for an additional period of 5 years, retroactive from September 1, 2003, through August 31, 2008, upon substantially the same terms and conditions as the original Parking Agreement and Amendment 1, except the cost of the parking permits will be subject to modification as set forth in this Renewal No. 1, any reference to the Tower Parking Garage in the September 1, 1998, Parking Agreement will be deleted, Amendment 1 will be modified to increase the additional supplemental permits from 60 to 120 effective April 18, 2005, and that such renewal has been mutually agreed to by the parties. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein and in the original Parking Agreement, and in Amendment 1, the City and Carilion agree as follows: SECTION 1. Renewal of Parking Agreement. Pursuant to Section 4 of the Parking Agreement, such Parking Agreement, including Amendment 1, is hereby renewed for a period of 5 years, retroactive to September 1, 2003, through August 31, 2008, at which time it will terminate unless sooner terminated as provided for in the Parking Agreement, or in Amendment 1, or by law. However, such Parking Agreement, including Amendment 1, may be renewed on the mutual agreement of the parties for up to one additional 5 year period as provided for in Section 4 of the Parking Agreement, and provided Carilion complies with all the terms and provisions of the Parking Agreement, including Amendment 1, throughout the term of this Renewal No. I. SECTION 2. Cost of Parking Permits. A. The parties agree that the cost that Carilion will pay to the City during the term of this Renewal No. 1 for the parking permits referred to in Section 5 of original Parking Agreement (a minimum of 310 up to a maximum of 440 parking permits) will be as set forth in Exhibit 1 of the Parking Agreement, which will be as follows: TIME PERIOD COST PER PARKING PERMIT PER MONTH $26.00 September 1, 2003 through August 31, 2004 September 1, 2004 through August 31, 2005 September l, 2005 through August 3 l, 2006 September l, 2006 through August 31, 2007 September l, 2007 through August 31, 2008 $27.00 $29.00 $31.00 $33.00 B. The parties further agree that the above rates may be increased by the City as follows: If City Council enacts an increase in parking rates for City owned and/or controlled parking facilities, then the above rates for Carilion may be increased by the City by the same pementage amount, provided that such increase does not exceed the Consumer Price Index for Urban Wage Earners and Clerks, (1982 - 84 = 100), CIPI - W, or its successor CPI, percentage increase for the most recent year. C. Reference in the Parking Agreement to "Allright Parking" is hereby deemed changed to "City of Roanoke Parking" for the purposes of this Renewal No.1. D. The above rates do not apply to the 120 additional supplemental permits referred to in Amendment 1, which will continue to be paid for by Cadlion as provided for in Amendment 1 during the term of this Renewal No. 1. SECTION 3. Modification of Amendment 1. Amendment 1 is hereby modified by changing the number "500" in Amendment 1 to the number "560" and the number "60" in Amendment 1 to the number "120," effective April 18, 2005. The effect of such modification is to increase the number of additional supplemental permits in Amendment 1 from 60 to 120 as of April 18, 2005. SECTION 4. Modification of Reference to Soeeifie Parkin~ Garaees. Any reference to the Tower Parking Garage in the Parking Agreement dated September 1, 1998, and in Amendment 1 dated November 19, 2001, is hereby deleted for the purpose of this Renewal No. 1 and any subsequent renewals of such Parking Agreement. SECTION 5. Continuation of the Terms and Conditions of the Parking Aereement. All the terms and conditions of the Parking Agreement dated September 1, 1998, and Amendment 1 dated November 19, 2001, shall continue in full force and effect for the renewal period set forth above, except as may be modified above. 1N WITNESS WHEREOF, the parties hereto have signed this Renewal No. 1 by their authorized representatives: ATTEST: Mary Parker, City Clerk ATTEST or WITNESS: Printed Name and Title CITY OF ROANOKE, VIRGINIA By: City Manager CARILLON HEALTH SYSTEM By: Printed Name and Title SEAL Approved as to Form: Approved as to Execution: City Attorney City Attorney Appropriation and Funds Not Required For this Contract: Director of Finance Date Acct. # 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 April 20, 2005 File #467 Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Ordinance No. 37020-041805 appropriating funds for food service equipment and School instructional site-based requests from the Capital Maintenance and Equipment Replacement Program and the School Food Service Fund balance, and appropriating funds for the GED Testing Fast Track program, the William Fleming Community Learning Center, the Governor's Project Graduation Academy Grant, and the Advanced Placement Fee Program, and amending and reordaining certain sections of the 2004-2005 General, School and School Food Service Funds Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, April 18, 2005, and is in full force and effect upon its passage. Sincerely,~~ C~/~ Mary F. Parker, City Clerk MFP:ew Attachment Jesse A. Hall April 20, 2005 Page 2 pc: Darlene L. Burcham, City Manager Sherman M. Stovall, Director, Office of Management and Budget Kathy G. Stockburger, Chair, Roanoke City School Board, 2506 Cornwallis Avenue, S. E., Roanoke, Virginia 24014 Cindy H. Lee, Clerk, Roanoke City School Board, P. O. Box ].3145, Roanoke, Virginia 24031 IN THE COUNCIL Of THE CITY OF ROANOKE, VIRGINIA The 18th day of April, 2005. No. 37020-041805. AN ORDINANCE to appropriate funding for food service equipment and School instructional site-based requests from the Capital Maintenance and Equipment Replacement Program (CMERP) and the School Food Service Fund fund balance, and to appropriate funding for the GED Testing Fast Track program, the William Fleming Community Learning Center, the Governor's Project Graduation Academy Grant, and the Advanced Placement Fee Program, amending and reordaining certain sections of the 2004-2005 General, School and School Food Service Funds 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 t he 2 004-2005 General, School a nd School Food Service Funds A ppropdations b e, and the same are hereby, amended and reordained to read and provide as follows: General Fund Appropriations Transfer To School Fund - CMERP 001-250-9310-9532 $ 350,893 Fund Balance Reserve for CMERP - School 001-3324 (350,893) School Fund Appropriations Compensation of Teachers Social Security Tuition - In State Educational & Recreational Supplies Supplements Social Security Heating Services Office Supplies Educational & Recreational Supplies Other Operation Supplies Inservice Supplies 030-062-6782-6550-0121 2,400 030-062-6782-6550-0201 184 030-062-6782-6550-0382 6,525 030-062-6782-6550-0614 891 030-062-6875-6100-0129 15,270 030-062-6875-6100-0201 1,169 030-062-6875-6100-0512 3,541 030-062-6875-6100-0601 1,517 030-062-6875-6100-0614 1,517 030-062-6875-6100-0615 1,517 030-062-6875-6100-0617 759 Maintenance Service Contracts Additional Machinery and Equipment Compensation of Teachers Aides Retirement - HIC VRS Social Security Retirement - VRS Health Insurance Other Professional Services Conventions Education Field Trips Educational & Recreational Supplies 030-062-6876-6113-0332 2,340 030-065-6006-6681-0821 468,512 030-065-6338-6100-0141 115,280 030-065-6338-6100-0200 635 030-065-6338-6100-0201 7,000 030-065-6338-6100-0202 8,000 030-065-6338-6100-0204 2,695 030-065-6338-6100-0313 ' 27,492 030-065-6338-6100-0554 5,453 030-065-6338-6100-0583 10,000 030-065-6338-6100-0614 3,445 Revenues Transfer From General Fund - CMERP State Grant Receipts State Grant Receipts Federal Grant Receipts Federal Grant Receipts 030-060-6000-1356 350,893 030-062-6782-1100 10,000 030-062-6875-1100 25,290 030-062-6876-1102 2,340 030-065-6338-1102 180,000 Fund Balance Reserve for CMERP - School 030-3324 (117,619) School Food Service Fund Appropriations Additional Machinery and Equipment 032-065-6006-6788-0821 144,782 Fund Balance Unappmpriated 032-3325 (144,782) 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.  ,~ Kathy G. Stockburger, Chairman Gloria P. Manns Robert J. Sparrow, Vice Chairman Alvin L. Nash William H. Lindsey Courtney A. Penn /-Roanoke City School Board P.O. Box 13145, Roanoke, Virginia24031 · 540~853-2381 · Fax: 540-853-2951 David B. Trinkle, M.D. Doris N. Ennis, Acting Superintendent Cindy H. Lee, Clerk of the Board April 18, 2005 The Honorable C. Nelson Harris, Mayor and Members of Roanoke City Council Roanoke, VA 24011 Dear Members of Council: As the result of official School Board action at its meeting on April 12, the Board respectfully requests City Council to appropriate the following funds: · $10,000.00 for the GED Testing Fast Track program to provide supplies, tuition, and instructors to increase the participation in the GED examinations. The new program is one hundred percent reimbursed by State funds. · $180,000.00 for the William Fleming Community Learning Center. The Center will be open year round and serve 150 students and 100 adults annually. The Center will provide educational services to increase student performance on the Standards of Learning. This new program is one hundred percent reimbursed by federal funds. · $25,290.00 for the Governor's Project Graduation Academy Grant to provide remedial instruction for seniors who have not earned verified credits in English, Reading and Writing. This new program is one hundred percent reimbursed by State funds. · $2,340.00 for the Advanced Placement Fee Program to reimburse part or all of the cost of fees for the 2005 AP test for Iow-income students who take the test. The grant program is one hundred percent reimbursed by federal funds. · $613,294.00 from the Capital Maintenance and Equipment Replacement Fund to purchase food service equipment. Discovering the Wealth in All Children Members of Council Page 2 April 18~ 2005 re cc: The School Board thanks you for your approval of this request. Sincerely, Cindy H. Lie, Clerk Mrs. Kathy G. Stockburger Mrs. Doris N. Ennis Mr. Kenneth F. Mundy Mrs. Darlene Burcham Mr. William M. Hackworth Mr. Jesse A. Hall Mr. Paul Workman (with accounting details) JESSE A. HALL Director of Finance etnail: jezse_hall~cLroanoke.va.us CITY OF ROANOKE DEPARTMENT OF FINANCE 215 Church Avenue, S.W., Room 461 P.o. Box 1220 Roanoke, Virginia 24006-1220 Telephone: (540) 853-2821 Fax: (540) 853-6142 ANN H. SHAWVER Deputy Director email: ann_shaw~er~ci.r eanokc.va.us April 18, 2005 The Honorable C. Nelson Harris, Mayor The Honorable Beverly T. Fitzpatrick, Jr., Vice-Mayor The Honorable M. Rupert Cutler, Council Member The Honorable Alfred T. Dowe, Jr., Council Member The Honorable Sherman P. Lea, Council Member The Honorable Brenda L. McDaniel, Council Member The Honorable Brian J. Wishneff, Council Member Dear Mayor Harris and Members of City Council: We have reviewed the attached request to appropriate funding for the School Board. This report will appropriate the following: · $10,000 for the GED Testing Fast Track program to provide supplies, tuition, and instructors to increase the participation in the GED examinations. The new program is one hundred percent reimbursed by State funds. · $180,000 for the William Fleming Community Learning Center. The Center will be open year round and serve 150 students and 100 adults annually. The Center will provide educational services to increase student performance on the Standards of Learning. This new program is one hundred percent reimbursed by Federal funds. · $25,290 for the Governor's Project Graduation Academy Grant to provide remedial instruction for seniors who have not earned verified credits in English, Reading and Writing. This new program is one hundred percent reimbursed by State funds. · $2,340 for the Advanced Placement Fee Program to reimburse part or all of the cost of fees for the 2005 AP test for Iow-income students who take the test. The grant program is one hundred percent reimbursed by Federal funds. · $350,893 of the General Fund 04-05 Capital Maintenance and Equipment Replacement Program, $117,619 of the School Fund 04- 05 Capital Maintenance and Equipment Replacement Program, and The Honorable Mayor and Members of Council April 18, 2005 Page 2 $144,782 from the School Food Service Fund 04-05 fund balance to purchase food service equipment. We recommend that you concur with this report of the School Board and adopt the attached budget ordinance to appropriate funding as outlined above. Sincerely, Jesse A. Hall Director of Finance JAH:ca Attachment C: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Mary F. Parker, City Clerk Doris N. Ennis, Acting Superintendent of City Schools Sherman M. Stovall, Director of Management and Budget MARY E PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room456 Roanoke, Ywginia 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 April 20, 2005 File #15-110-4688 Mr. John B. Williamson, III 990 Old Hollow Road Buchanan, Virginia 24066 Dear Mr. Williamson: I am enclosing copy of Resolution No. 37021-041805 ratifying and confirming your appointment as a Director of the Western Virginia Water Authority, which appointment was made on March 17, 2005 by the Board of Directors of the Authority. You were appointed to fill the unexpired term of George W. Logan, effective immediately following the May 19, 2005, meeting of the Board of Directors, and ending March 31, 2008. Enclosed you will find a Certificate of your appointment and an Oath or Affirmation of Office which will be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were appointed. Pursuant to Sections 2.2-3114 and 2.2-3115, Code of Virginia (1950), as amended, I am required to furnish you with a form for Disclosure of Real Estate Holdings. State Code provisions require that all disclosures must be filed and maintained as a matter of public record for a period of five years in the Office of the Clerk of the governing body. Please complete and return the enclosed form to the undersigned prior to assuming the duties of your office. Mr. John B. Williamson April 20, 2005 Page 2 Pursuant to Section 2.2-3702, Code of Virginia (:~950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your appointment and each member is required "to read and become familiar with provisions of the Act." On behalf of the Mayor and Members of Roanoke City Council, I would like to express appreciation for your willingness to serve the citizens of the Roanoke Valley as a member of the Board of Directors, Western Virginia Water Authority. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Enclosures pc: Harwell M. Darby, Jr., Attorney, Glenn, Feldmann, Darby and Goodlatte, 210 First Street, S. W., Roanoke, Virginia 2401]. Stephanie M. Moon, CMC, Deputy City Clerk Jean M. Thurman, Secretary, Board of Directors, Western Virginia Water Authority Diane S. Childers, CMC, Clerk, Roanoke County Board of Supervisors, P. O. Box 29800 Roanoke, Virginia 24018-0798 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of Apr±l, 2005. No. 37021-041805. A RESOLUTION ratifying and confirming the appointment of John B. Williamson, III, as a Director of the Western Virginia Water Authority, which appointment was made on March 17, 2005, by the Board of Directors of the Authority. WHEREAS, pursuant to the Articles of Incorporation of the Western Virginia Water Authority, the seventh director shall be appointed by the Board and such appointment shall be ratified and confirmed by the Council of the City of Roanoke and the Board of Supervisors of Roanoke County; WHEREAS, the Council is advised by the Westem Virginia Water Authority, by letter dated Mamh 22, 2005, that a vacancy will occur, created by the resignation of George W. Logan to become effective immediately following the Board's meeting to be held on May 19, 2005, and the Board has recommended the appointment of John B. Williamson, III, as the seventh member of the Board to fill the unexpired term, and City Council concurs in the recommendation. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. City Council does hereby ratify and confirm the Board's appointment of John B. Williamson, III, as the seventh member of the Board of Directors of the Western Virginia Water Authority to fill the unexpired term of George W. Logan, effective immediately following the May 19, 2005, Board of Directors Meeting. 2. The City Clerk is directed to provide an attested copy of this resolution to the Board of Supervisors of Roanoke County, and to the Western Virginia Water Authority. City Clerk. COMMONWEALTH OF VIRGINIA) ) CITY OF ROANOKE ) To-wit: I, Mary F. Parker, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of the Council of the City of Roanoke which was held on the eighteenth day of April, 2005, JOHN B. WILLIAMSON, III, was appointed as a member of the Board of Directors, Western Virginia Water Authority, to fill the unexpired term of George W. Logan, commencing May 19, 2005 and ending March 1,2008. Given under my hand and the Seal of the City of Roanoke this twentieth day of April, 2005. City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, John B. Williamson, III, 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 Board of Directors, Western Virginia Water Authority, to fill the unexpired term of GeorgeW. Logan, commencing May 19, 2004 and ending March l, 2008, according to the best of my ability. I swear or affirm. Subscribed and sworn to before me this__ day of 2005. BRENDA L. HAMILTON, CLERK OF THE CIRCUIT COURT BY , DEPUTY CLERK WESTERN VIRGINIA WATER AUTHORITy March 22, 2005 UTILITY ADMINISTRATION Mary F. Parker, CMC City Clerk City of Roanoke, Virginia 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Re: Resignation of Mr. George Logan from the Board of Directors of the Western Virginia Water Authority Dear Ms. Parker: This letter is to inform City Council that Mr. George Logan has tendered his resignation from the Board of Directors (Board) of the Western Virginia Water Authority effective at the end of the Board's May 19, 2005, meeting. Mr. Logan holds the at-large directorship on the Board. Individuals for this position are selected by a majority vote of the other six directors and confirmed by the Roanoke County Board of Supervisors and City Council. At its March 17, 2005, meeting, the Board voted unanimously to recommend Mr. John Williamson to fill the remaining period of Mr. Logan's term. I am requesting that Mr. Williamson's confirmation be placed on an upcoming City Council agenda for consideration and action. Please do not hesitate to contact me if you need additional information. Sincerely, ]ean Thurman Secretary WVWA Board of Directors Crystal Spring Filtration Plant .2012 S. Jefferson Street · Roanoke VA 24014 540 853-1536. 540-853 1600(fax) owww.westernvawater.org Page 2 Mary F. Parker, CMC March 22, 2005 CC: Sam Darby, Authority Attorney Gary Robertson, Executive Director, Water Operations Michael McEvoy, Executive Director, Wastewater Operations CITY OF RO A..NOKE Office of the C~ty Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk April 25, 2005 File #122-388-467 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: At a regular meeting of the Council of the City of Roanoke which was held on Monday, April ~8, 2005, Council unanimously adopted a motion instructing the City Manager to make the field at Victory Stadium available for high school football games and the Western Virginia Education Classic football game, and that the Council be provided with a report, including cost estimates, with regard to temporary measures to be taken. MFP:ew Sincerely, City Clerk MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, ~r~rginia 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 April 20, 2005 File #51 Edward A. Natt, Attorney Osterhoudt, Prillaman, Natt, Helscher, Yost, Maxwell and Ferguson P. O. Box 20487 Roanoke, Virginia 24018 Dear Mr. Natt: I am enclosing copy of Ordinance No. 37022-041805 providing that all proffered conditions established by Ordinance No. 28666-061587 on property located at 3839 Shenandoah Avenue, N. W., identified as Official Tax No. 2732201, be repealed and replaced with new proffered conditions as set forth in the First Amended Petition to Amend Proffers filed in the City Clerk's Office on March 25, 2005, and as set forth in a report of the City Planning Commission dated April 18, 2005, to rezone the subject property to C-2, General Commercial District, with proffers. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, April 18, 2005, and is in full force and effect upon its passage. Sincerely, City Clerk MFP:ew Enclosure Edward A. Natt, Attorney April 20, 2005 Page 2 pc: Mr. James C. Bowman, 1032 Lonesome Pine Drive, Blue Ridge, Virginia 24064 Mr. Donald W. Bandy, P. O. Box 4143, Roanoke, Virginia 24015 Mr. Frank R. Radford, 5730 Longridge Circle, S. W;, Roanoke, Virginia 24014 Winston L. Underwood, Trustee, Underwood Living Trust, 5114 Winter Park Drive, Roanoke, Virginia 24019 Roanoke Electric Steel Corporation, P. O. Box 13948, Roanoke, Virginia 24034 Mr. and Mrs. Timothy L. Sawer, P. O. Box 11781, Roanoke, Virginia 24022 Mr. Joseph Mays, Jr., 3856 Rolling Hill Avenue, N. W., Roanoke, Virginia 24017 Mr. and Mrs. Milton R. Jones, 3852 Rolling Hill Avenue, N. W., Roanoke, Virginia 24017 Mr. Melvin D. Brodrecht and Ms. Monica Jernigan, 3846 Rolling Hill Avenue, N. W., Roanoke, Virginia 24017 Ms. Beatrice Blair, 3838 Rolling Hill Avenue, N. W., Roanoke, Virginia 24017 Mr. and Mrs. Eugene Lamar, 3834 Rolling Hill Avenue, N. W., Roanoke, Virginia 24017 Mr. and Mrs. James L. Peete, 3828 Rolling Hill Avenue, N. W., Roanoke, Virginia 24017 Mr. Donovan L. Franklin, 3822 Rolling Hill Avenue, N. W., Roanoke, Virginia 24017 Mr. and Mrs. Robert White, 3814 Rolling Hill Avenue, N. W., Roanoke, Virginia 24017 Eunice B. and Michael L Wallace, 3808 Rolling Hill Avenue, N. W., Roanoke, Virginia 24017 Mr. and Mrs. Clyde G. Roland, 3802 Rolling Hill Avenue, N. W., Roanoke, Virginia 24017 C & W Associates, LC, 3519 Verona Trail, S. W., Roanoke, Virginia 24018 Food Lion LLC. P. O. Box 1330, Salisbury, North Carolina 28145 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 18th day of Apr±l, 2005. No. 37021-041805. AN ORDINANCE to amend ~36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 273, Sectional 1976 Zone Map, City of Roanoke, in order to amend certain conditions presently binding upon certain property previously conditionally zoned C-2, General Commercial District; and dispensing with the second reading by title of this ordinance. WHEREAS, GAPCO Management, LLC has made application to the Council of the City of Roanoke to amend certain conditions presently binding upon a tract of land located at 3839 Shenandoah Avenue, N.W., being designated as Official Tax No. 2732201, which property was previously rezoned C-2, General Commemial District, with proffers, by the adoption of Ordinance No. 28666, adopted June 15, 1987; WHEREAS, GAPCO Management, LLC seeks to have the subject property zoned C-2, General Commercial District, with proffers as set forth in the First Amended Petition to Amend Proffers filed in the City Clerk's Office on March 25, 2005. WHEREAS, the City Planning Commission, which after giving proper notice to all concemed as required by {}36.1-693, Code of the City of Roanoke (1979), as amended, and al~er 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 April 18, 2005, after due and timely notice thereof as required by §36.1-693, Code of the City of Roanoke (1979), as mended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed amendment; and WHEREAS, this Council, atter considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the conditions now binding upon a tract of land located at 3839 Shenandoah Avenue, N.W., being designated as Official Tax No. 2732201, should be amended as requested, so that the property is zoned C-2, General Commercial District, with proffers as set forth in the First Amended Petition to Amend Proffem filed in the City Clerk's Office on March 25, 2005. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Sections 36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 273 of the Sectional 1976 Zone Map, City of Roanoke, be amended to reflect the changes in proffered conditions as shown in the First Amended Petition to Amend Proffers filed in the City Clerk's Office on March 25, 2005, and as set forth in the report of the Planning Commission dated April 18, 2005, so that the subject property is zoned C-2, General Commercial District, with proffers. 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. 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 April18,2005 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 Members of City Council: Subject: Request from GAPCO Management, LLC, represented by Edward A. Natt, attorney, to amend proffered conditions on property located at 3839 Shenandoah Avenue, identified as Official Tax No. 2732201. Planning Commission Action: Planning Commission public hearing was held on Thursday, March 17, 2005. By a vote of 7-O, the Commission recommended approval of the amended petition. Background: GAPCO Management, LLC, filed a petition on December 1,2004, to amend the proffered conditions on the subject property. A first amended petition to amend proffers was filed on March 23, 2005. The property was rezoned on June 15, 1987, from RS-2, Residential Single-family District, to C-2, General Commercial District, subject to certain proffered conditions: (a) The property will be used only for a neighborhood shopping center including a supermarket and retail shops but excluding a fast food restaurant or gasoline service station. (b) If construction of a neighborhood shopping center on the property has not commenced within five (5) years from the date of adoption of the ordinance rezoning the tract, the zoning classification will revert to RS-2, Single-family Residential District, or the equivalent classification then in effect. (c) The row of existing large pine trees along Old Stevens Road and the eastern portion of the north boundary line of the property will remain undisturbed, except those from the proposed entrance/exit on Old Stevens Road to Shenandoah Avenue. (d) Petitioner will erect a six-foot-high chain link fence with slats along the entire north boundary line of the property and will in addition plant a staggered row of evergreen trees on ten-foot centers within the ten-foot buffer area along the north boundary line. Following the 1987 rezoning, the property was developed and used for a grocery store and an adjacent retail shop. The grocery store and retail uses ceased and, in 2004, a church began using the former retail space. Use of the property for a church violates the proffered conditions placed on the property when it was rezoned in 1987. Upon discovery of the church operation, staff initiated enforcement efforts to which the petitioner responded by filing this request for amendment of proffers. The grocery store portion of the building is currently vacant and boarded. The proposed amended conditions, as set out in the first amended petition, dated March 23, 2005, are as follows: (a) The property will be used only for the following permitted uses in a C-2, General Commercial District: (i) Food stores with an unlimited gross floor area (ii) General retail establishments primarily engaged in the retail sale or rental of merchandise, goods, or products except automobiles, trucks, or construction equipment; and including the incidental repair and assembly of the merchandise goods or products to be sold on the premises. (iii) Churches, synagogues and other places of worship not including accessory columbariums. (b) The row of existing large pine trees along Old Stevens Road and the eastern portion of the north boundary line of the property will remain undisturbed, except those from the proposed entrance/exit on Old Stevens Road to Shenandoah Avenue. 2 (c) Petitioner will erect and maintain a six-foot-high chain link fence along the entire north boundary line of the property and will in addition plant and maintain a staggered row of evergreen trees on ten-foot centers within the ten-foot buffer area along the north boundary line. The proposed amended conditions would bring the use as a church into conformity and would expand permitted uses to include general retail. In addition, the amended conditions would remove condition (b), which is an invalid reversion condition and would carry forward conditions (c) and (d) relating to retention of vegetation and establishment of screening buffers. Considerations: The surrounding land uses and zoning districts include: · The northern edge of the property is bordered by single-family dwellings zoned RS-2. · To the east across Old Stevens Road is a vacant 3-acre parcel, also zoned RS-2. · A convenience store (zoned C-2), a retail building (zoned C-2), and a 1.3-acre vacant parcel (zoned RS-3) lie to the south across Shenandoah Avenue. The opposite corner is a vacant 4.4-acre parcel zoned C-2. · To the west is a portion of Strauss Park (zoned RS-2) and a Food Lion grocery store zoned C-2. in addition to allowing for the church, the amendment of the conditions would open up the property to a greater variety of retail uses, which increases the potential for an adaptive reuse of the building. Encouraging reuse of the building supports the Vision 2001-2020 recommendation ED A26: Identify underutilized commercial sites and promote revitalization. The area of greatest concern is the relationship to the dwellings to the north that front on Rolling Hill Avenue. This concern is reflected in the previous condition that specified the landscape buffer treatment, which is being carried forward in the new proffers. It appears that a chain link fence was installed along with an evergreen tree buffer. The tree buffer was either not installed, or has not been maintained, as specified in the proffer language. Only a single line of trees was planted, not a"staggered row of evergreen trees on a ten-foot centers." Consequently, the current evergreen buffer is inadequate. Depending on their location, adjacent residents have a clear view of a large parking lot, a blank wall, or mechanical equipment on the roof of the building. Proffers (b) and (c) as submitted in the first amended petition appropriately address landscape buffering concerns. Recommendation: By a vote of 7-0, the Commission recommends Council approve the petition to amend the proffered conditions. The amendment is consistent with Vision 2001-2020 in that it will promote reuse ora commercial site. 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 Edward A. Natt, Attorney for the Petitioner HONEYSUCKE ST OSTERHOUOT, PRILLAMAN, NATT, HEL$CHE~, YOST, MAXW£LL & FEEGU$ON, PLC FIRST AMENDED PETITION TO AMEND PROFFERS IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE:: Amendment of Proffered Conditions for a tract of land at 3839 Shenandoah Avenue, N.W. identified as Tax Map No. 2732201 TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: By Ordinance No. 28666 adopted June 15, 1987, at the request of CBL Management, Inc., City Council rezoned the property identified as Tax Map No. 2732201 from RS-2, Residential Single-Family District, to C-2, General Commercial Distdct with proffered conditions. A copy of said Ordinance is attached hereto as Exhibit I Said parcel of land contains 5.1484 acres, more or less. A map of the subject property is attached hereto as Exhibit 2. A location map of the property is attached as Exhibit 3. A legal description of the subject property is attached as Exhibit 4. Your Petitioner herein, GAPCO MANAGEMENT, LLC, a Virginia limited liability company, is the current owner of said parcel. Your Petitioner requests that the conditions relating to said property be amended as hereinafter set out. Your Petitioner believes that the subject amendment of proffers will further the intent and purposes of the City Zoning Ordinance and its Comprehensive Plan in that it will allow for an additional use of the subject property which would not be objectionable. Your Petitioner hereby requests that the following Proffers established by Ordinance No. 28666 dated June 15, 1987, as hereinafter set out, be repealed: \\JOLLY~SYS~USERS\CBaumgardner~Z. ONING\GAPPCO 1ST AMD PET AMD PROFFERS.doc Page 1 of 3 March 22, 2005 (a) The property will be used only for a neighborhood shopping center including a supermarket and retail shops but excluding a fast food restaurant or gasoline service station. (b) If construction of a neighborhood shopping center on the property has not commenced within five (5) years from the date of adoption of the ordinance rezoning the tract, the zoning classification will revert to RS-2, Single- Family Residential District, or the equivalent classification then in effect. (c) The row of existing large pine trees along Old Stevens Road and the eastern portion of the north boundary line of the property will remain undisturbed, except those from the proposed entrance/exit on Old Stevens Road to Shenandoah Avenue. (d) Petitioner will erect a six-foot-high- chain link fence along the entire north boundary line of the property and will in addition plant a staggered row of evergreen trees on ten-foot centers within the ten-foot buffer area along the north boundary line. Your Petitioner further requests that the following Proffers be adopted: (a) The property will be used only for the following permitted uses in a C-2, General Commercial District: (i) Food stores with unlimited gross floor area. (ii) General retail establishments pdmadly engaged in the retail sale or rental of merchandise, goods, or products except automobiles, trucks, or construction equipment; and including the incidental repair and assembly of merchandise goods or products to be sold on the premises. Churches, synagogues and other places of worship not including accessory columbariums. \\JOLLY~SYS\USERS\CBaumgardner~ZONING\GAPPCO 1ST AMD PET AMD PROFFERS.doc Page 2 of 3 March 22, 2005 (b) The row of existing large pine trees along Old Stevens Road and the eastern portion of the north boundary line of the property will remain undisturbed, except those from the entrance/exit on Old Stevens Road to Shenandoah Avenue. (c) Petitioner will erect and maintain a six-foot- high chain link fence along the entire north boundary line of the property and will in addition plant and maintain a staggered row of evergreen trees on ten-foot centers within the ten-foot buffer area along the north boundary line. Attached as Exhibit 5 are the names, addresses and tax numbers of the owner or owners of all lots or property immediately adjacent to and immediately across a street or road from the subject property. WHEREFORE, your Petitioner requests that the above-described amended proffer be approved as herein set out in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this ~-3 v~'-day of ~\¢¢ ,,.,L, ,200~. Petitioner/Owner: GAPCO MANAGEMENT, LLC Edward A. Na~, Esq. OSTERHOUDT, PRILLAMAN, NATT, HELSCHER, YOST, M~WELL & FERGUSON, P.L.C. P. O. Box 20487 Roanoke, VA 24018-0049 Phone: (540) 725-8180 Fax: (540) 774-0961 VSB ¢1104 \\JOLLY~SYS\USERS\CBaurngardner~7.ONING\GAPPCO 1ST AMD PET AMD PROFFERS.doc Page 3 of 3 March 22, 2005 I;~ f///~/% ".,THE COUNCIL .OF THE CITY OF ROANOKE, The 15th da) of June, 1987. ~o. 28~66. VIRGINIA, AN ORDINANCE to amend §§3§,1-3, Code of the City of Roanoke (1979), as amended, and Sheet No, 273, Sectional of Roanoke, to rezone certain property within to cer- tain conditions Proffered by the applicant. WHEREAS, application_ has been made to the Council of the City of 1975 Zone Map, City the City, subject Roanoke to have the hereinafter described property rezoned from RS-2, Residential Single-Family District, to C-2. General Commercial. District. subject to certain eondi'tions proffered by the applicant; and WHEREAS, notice to all the City Planning Commission, which after giving proper concerned as required by S36.1-693, Code of the City of Roanoke (1979), as emended and after conducting a public hearing on the matter, has made its recommendation to Council; and WHER£AS, a public hearing was held on said application by the City Council at its meeting on June B. 1987, 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 ~eard, both for and against the proposed rezoning; and WHEREAS, this Council. after considering the aforesaid applica- tion, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that §S36.1-3, Code of the City of Roanoke (1.979), as amended, and Sheet No. 273 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: Property described as a tract of land on the north side of Shenandoah Avenue, N.W., between Old Stevens Road, N.~., and Weatside Boulevard, N.W,,. containing 5.11 acres, more or less. designated ca Sheet No. 273 of the Sectional 1916 Zone Map, City of Roanoke, as Official Tax 2732201 be, and is hereby rezoned from RS-2. Residential Single-Family District. to C-2, General Comraeroial District, subject to those conditions proffered by and set forth in the Petitioner's Second Amended Petition for Rezoning filed with 12, 1§$?, and that Sheet No. 273 of the Zone Map respect. the City Clerk on May be changed in this A~EST: City Clerk. VIRGINIA: CITY '87 IN THE COUNCIL OF THE CITY OF ROANOKE IN RE: ) ) Rezoning of a tract of land lying) on the north side of Shenandoah Avenue, N.W. between Old Stevens Road, N.W. and West Side Boule- vard, N.W. from RS-2, Single Family Residential District, to C-2, General Commercial District SECOND AMENDED PETITION FOR REZONING TO: The Honorable Mayor and Members of the Council of the City of Roanoke (1) The petitioner, CBL Management, Inc., has contracted to purchase a tract of land located in the'City of Roanoke, Virginia, on the north side of Shenandoah Avenue, N.W., between 01d Stevens Road, N.W. and West Side Bouleuard, N.W., contain- ing 5.11 acres (more or less) and designated on the Roanoke City Appraisal Map as Official Tax No. 2732201. The tract is currently zoned RS-2, Single Family Residential District. A copy of Roanoke City Appraisal Map Sheet 273 showing the property to be rezoned is attached to this petition as Exhib- it A. (2) Pursuant to Articles VII and VIII of Chapter 36 of the Code of the City oflRoanoke (1979), the petitioner requests that the said property be rezoned from RS-2, Single Family Residential District, to C-2, General Commercial District, to permit construction by petitioner of a neighborhood shopping center. (3) The petitioner believes that the rezoning of said property will further the intent and purpose of the Zoning Ordinance and the Comprehensive Plan of the City of Roanoke by making available for commercial development a tract of land the location of which renders it better suited for commercial %hah for residential development. (4) ~ttached as Exhibit B are the names and addresses of the owners of all property immediately adjacent to or across adjoining streets from the property to be rezoned. (5) The petitioner hereby proffers and aqrees that if said property is rezoned as requested, the rezoning will be subject to the following conditions by which the petitioner agrees to abides (a) The property will be used only for a neigkbor- hood shopping center including a supermarket and retail shops but excluding a fast food restaurant or gasoline service station. (b) If construction of a neighborhood shopping center on the property has not commenced within five (5) years from the date of adoption of the ordinance rezoning the tract, the zoning classification will revert to RS-2, Single-Pamily Residential District,. or the equivalent classification then in effect. (c) Stevens Road of the property will remain undisturbed, The row of existing large pine trees along Old and the eastern portion of the north boundary line except those from the proposed entrance/exit on Old Stevens Road to Shenandoah Avenue. (d) Petitioner will erect a six-foot high chain link fence with slats along the entire north boundary line of the property and will in addition plant a staggered row of evergreen trees on ten-foot centers within the ten-foot buffer area along:the north boundary line. WHEREFORE, the petitioner requests that the above-descriBed tract be rezoned az requested in accordance with the provisions of Roanoke. the Zoning Ordinance of the City of Daniel F. Layman, Jr. Woods, Rogers & Hazlegrove P. O. Box 720 Roanoke, VA 24004 Respectfully submitted, ByCBL~N~~.~~ Of Counsel ~ Counsel for the Petitioner Map Output 2732201-3839 Shenandoah Ave NW EXHIBIT 3 LOCATED SCHEDULE '~A" IN: THE CITY OF ROANOKE, VIRGINIA BEGIN at an iron ~in on the East right-of-way margin of West Side Boulevard and the Southwest Corner of Block 12, Section 3, Wilmont Farms as shown by plat of 'record in Map Book 1, page 126, in the Clerk's office for the City of Roanoke, said point being the True Point of Beginning; thence run North 53 deg. 10' 00" East for a distance of 418.10 feet to an iron pin; thence run North 73 deg. 45' 00" for a distance of 168.08 feet to an iron pin on the West right-of-way margin of Old Stevens Road; thence run South 15 deg. 59' 00" East along the said right-of-way margin for a distance of 110.48 feet to an iron pin; thence run South 21 deg 17' 00" East along said right-of-way margin for a distance of 254.46 feet to an iron pin; said point being the PC of a curve to' the ~ight having a radius of 25.00 feet an6 an arc distance of 40.77 feet; thence run along said curve to the right a chord South 25 deg. 25' 49" West and a chord distance of 36.40 feet to an iron pin on the North right-of-way of Shenandoah Avenue also known as State Road %1432; thence run South 72 deg 10' 00" West along said right-of-way margin for a distance of 524.36 feet to an iron pin said point being on the PC of a curve to the right having a radius of 15.00 feet and an arc distance of 29.31 feet; thence run along said curve to the right a chord bearing North 72 deg 16' 23" West and a chord distance of 27.71 feet to an iron pin on the East right-of-way margin; thence run North 40 deg 40' 00" West along said right-of-way for a distance of 249.43 feet to an iron pin; thence run North 36 deg 50' 00" West along said right-of-way margin for a distance of 17~99 feet to a point and back to the True Point of Beginning containing 222,915.03 sq. ft or 5.12 acres more or less. ADJOINING PROPERTY OWNER LISTING Subiect Property: Tax Map No.: Applicant/Owner 3839 Shenandoah Avenue, N.W. 2732201 Gapco Management, LLC ADJOINING PROPERTY OWNERS This list as follows are those property owners who own property beside, behind or across the street from the subject property noted above: Official Tax Number/ Property Address 2720101 Shenandoah Avenue NW 2720602 Shenandoah Avenue NW 2720603 3842 Shenandoah Avenue NW 2720604 3822 Shenandoah Avenue NW 2720701 Shenandoah Avenue NW CITY OF ROANOKE Owner's Name and Maiiinq Address James C. Bowman 1032 Lonesome Pine Drive Blue Ridge,_VA~24064 Donald W. Bandy P.O. Box 4143 Roanoke, VA 24015 Frank R. Radford 5730 Longridge Circle SW Roanoke, VA 24014 Winston L. Underwood, Trustee Underwood Living Trust 5114 Winter Park Ddve Roanoke, VA 24019 Roanoke Ele~ric SteeiCo~. P. O. Box 13948 Roanoke, VA 24034 \~JOLLY~SYS\USERS~CBaumgardner~ZONING\GAPCO APO.doc Page 1 of 3 November 29, 2004 Official Tax Number / Property Address 2730216 Shenandoah Avenue NW 2731201 3856 Rolling Hill Avenue NW 2731202 3852 Rolling Hill Avenue NW 2731203 3846 Rolling Hill Avenue NW 2731204 3838 Rolling Hill Avenue NW 2731205 3834 Rolling Hill Avenue NW 2731206 3828 Rolling Hill Avenue NW 2731207 3822 Rolling Hill Avenue NW 2731208 3814 Rolling Hill Avenue NW 2731209 3808 Rolling Hill Avenue NW CITY OF ROANOKE Owner's Name and Mailinq Address Timothy Lee and Carolyn N. Sarver P. O. Box 11781 Roanoke, VA 24022 Joseph Mays, Jr. 3856 Rolling HillAvenue NW Roanoke, VA 24017 Milton R. and Daisy T. Jones 3852 Rolling Hill Avenue NW Roanoke, VA 24017 Melvin D. Brodrecht Monica Jernigan 3846 Rolling Hill Avenue NW Roanoke, VA 24017 Beatrice Blair 3838 Rolling Hill Avenue NW Roanoke, VA 24017 Eugene and Esther H. Lamar 3834 Rolling Hill Avenue NW Roanoke, VA 24017 James L. and Arlene R. Peete 3828 Rolling Hill Avenue NW Roanoke, VA 24017 Donovan L. Franklin 3822 Rolling Hill Avenue NW Roanoke, VA 24017 Robert and Barbara A. White 3814 Rolling Hill Avenue NW Roanoke, VA 24017 Eunice B. and Michael L. Wallace 3808 Rolling Hill Avenue NW Roanoke, VA 24017 \~JOLLY~SYS\USERS\CBaumgardneCZONING\GAPCO APO.doc Page 2 of 3 November 29, 2004 Official Tax Number / Property Address 2731210 3802 Rolling Hill Avenue NW 2731301 3768 Rolling Hill Avenue NW 2732301 Shenandoah Avenue, NW 6030107 629 Pete~Creek Road NW CITY OF ROANOKE Owner's Name and Mailinq Address Clyde G. and Mildred G. Roland 3802 Rolling Hill Avenue NW Roanoke, VA 24017 C & W Associates, LC 3519 Verona Trail SW Roanoke, VA 24018 Ci~ of Roanoke P. O. Box4563 Roanoke, VA 24015 Food Lion LLC P. O. Box 1330 Salisbuw, NC 28145 \gJOLLY~SYS\USERS\CBaumgardner~.ONING\GAPCO APO.doc Page 3 of 3 November 29, 2004 The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times .................................................. + ........................ NATT, EDWARD A., ATTY. PO BOX 20487 3140 CHAPARRAL DR STE 200C ROANOKE VA 24018 REFERENCE: 80068694 05596963 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 Vir~. Sworn and subscribed before me this ~i~c~ sdeaaYl.Of April 2005. Witness my hand and /~"~''~, ~ ~f~ ~/F~,~. Notary Public ~--~mmi s~L"--~o~--~r~-~_~_~_~2~_~_~__-. PUBLISI{ED ON: 04/01 04/08 TOTAL COST: 232.76 FILED ON: 04/08/05 ................................................. + ........................ Authorized Signature :__~2~-~_____~L4~___~_~_' .... _k~___~-~S-__i~_~_'__~_, Billing Services Re~esentative 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, April 18, 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 of repealing proffered conditions accepted in Ordinance No. 28666, adopted June 15, 1987, and substituting new proffered conditions, upon the following property: That certain property located at 3839 Shenandoah Avenue, N.W., identified as Official Tax No. 2732201. 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, April 14, 2005. GIVEN under my hand this 29th day of I~larch ,2005 Mary F. Parker, City Clerk. K/NOTICES\N-PROFFERS-SH ENANDOAH AVE (GAPCO)O41805 DO(' Notice to Publisher: Publish in the Roanoke Times once on Friday, April 1, 2005 and Friday, April 8, 2005. Send affidavit to: Mary F. Parker, City Clerk 215 Church Avenue, S. W. Roanoke, Virginia 2401 ! (540) 853-2541 Send bill to: Edward A. Natt, Esquire Osterhoudt, Prillaman, Natt, Helscher, Yost, Maxwell & Ferguson, P.L.C. P. O. Box 20487 Roanoke, Virginia 24018-0049 (540) 725-8180 MARY E PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, ~r~rginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk @ ci.roanoke.va.us April 6, 2005 File #51 STEPHANIE M. MOON, CMC Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk Edward A. Natt, Attorney Osterhoudt, Prillaman, Natt, Helscher, Yost, Maxwell and Ferguson P. O. Box 20487 Roanoke, Virginia 24018 Dear Mr. Natt: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, April 18, 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 GAPCO Management, LLC, that proffered conditions established by Ordinance No. 28666-061587 on property located at 3839 Shenandoah Avenue, N. W., identified as Official Tax No. 2732201, be repealed and replaced with new proffered conditions. For your information, I am enclosing copy of a report of the City Planning Commission and a notice of public hearing. Questions with regard to the City Planning Commission report should be directed to the Department of Planning, Building and Development at 540-853-1730. It will be necessary for you, or your representative, to be present at the April 18 public hearing. Failure to appear could result in a deferral of the public hearing until a later date. MFP:ew Enclosure Mary F. Parker, CMC City Clerk MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, V'nrginia 24011 - 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@ci.roanoke.va.us STEPHANIE M. MOON, CMC Deputy City Clerk SHE1LA N. HARTMAN Assistant City Clerk April 6, 2005 File #51 Mr. James C. Bowman Mr. Donald W. Bandy Mr. Frank R. Radford Winston L. Underwood, Trustee Roanoke Electric Steel Corporation Mr. and Mrs. Timothy L. Sarver Mr. Joseph Mays, Jr. Mr. and Mrs. Milton R. Jones Mr. Melvin D. Brodrecht Ms. Monica Jernigan Ms. Beatrice Blair Mr. and Mrs. Eugene Lamar Mr. and Mrs. James L. Peete Mrs. Donovan L. Franklin Mr. and Mrs. Robert White Mr. and Mrs. Michael L. Wallace Mr. and Mrs. Clyde G. Roland C & W Associates, LC Food Lion, LLC Ladies and Gentlemen: Pursuant to provisions &Resolution No. 25523 adopted bythe Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, April 18, 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 Edward A. Natt, Attorney, representing GAPCO Management, LLC, that proffered conditions established by Ordinance No. 28666-061587 on property located at 3839 Shenandoah Avenue, N. W., identified as Official Tax No. 2732201 be repealed and replaced with new proffered conditions. The City Planning Commission is recommending that Council approve the above referenced request. 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. Interested Property Owners and/or Adjoining Property Owners April 6, 2005 Page 2 This letter is provided for your information as an interested property owner and/or ad.joining property owner. If you have questions with regard to the matter, please call the Department of Planning, Building and Development at 540-853-:~730. Mary F. Parker, CMC City Clerk MFP:ew K:~Public Hearings~Public Heatings 2005~Apr 05~Attorneys and Adjoining property Owners.doc MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF TIlE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, V'~rginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@ci.roanoke.v a.us March 25, 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 first amended petition to amend proffers, which was received in the City Clerk's Office on March 25, 2005, from Edward A. Natt, Attorney, representing GAPCO Management, LLC, requesting that proffers established by Ordinance No. 28666 adopted on June 15, 1987, be repealed and replaced with certain new proffers, in connection with the rezoning of a tract of land located at 3839 Shenandoah Avenue, N. W., identified as Official Tax No. 2732201, from. RS-2, Residential Single Family District, to C-2, General Commercial District. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Enclosures pc: The Honorable Mayor and Members of the Roanoke City Council Edward A. Natt, Attorney, Osterhoudt, Prillaman, Natt, Helscher, Yost, Maxwell & Ferguson, P. L. C., P. O. Box 10487, Roanoke, Virginia 24018 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 Nancy C. Snodgrass, Zoning Administrator K:~REZONi'N G AND STREET CLOSU~zonings - Street Alley Closure 05~January 05~GAPCO Management LLC amended.doc Edward A. Natt Please reply to: P, O. Box 20487 Roanoke, VA 24018 Direct: (540) 725-8180 Fax: (540) 774-0961 E-mail: enatt@opnlaw, com LAW OFFICES 0STERHOUDT, PRILLA~VlAN, NATT, HELSCHER, YOST, MAXWELL & FERGUSON, PLC 8140 CHAPARRAL DRIVE, SIJITE °~00-C ROAN'OKI.:, ~rl RG i N-lA 24018-4870 (540) e89-0000 FAX (540} 772-0126 March 24, 2005 HAND DELIVERED Mary Parker, City Clerk 456 Municipal Bldg. 215 Church Avenue, SW Roanoke, VA 24011 Re: Amendment of Proffered Conditions Applicant/Owner: GAPCO MANAGEMENT, LLC Property: 3839 Shenandoah Avenue NW Tax Map No.: 2732201 Dear Ms. Parker: Enclosed please find First Amended Petition to Amend Proffers relating to the above matter. By copy of this letter, I am forwarding a copy of the same to Martha Franklin. Should you have any questions or need anything further, please feel free to give me a call. With best personal regards, I am Very truly yours, .-:::' F;, 0STERHOUDT, PRILLAMAN, NATT, HELSG,~ER, YOST, MAXWELL & FERGUSON, P.k.C. Edward A. Natt EAN/csb Enclosure pc: HAND DELIVERED Ms. Martha Franklin Roanoke City Planning Department 166 Municipal Building 215 Church Avenue, SW Roanoke, VA 24011 Mr. Tony Byrd Mid-South Management 210 1st Street, SW, Suite 230 Roanoke, VA 24011 NOTICE OF PUBLIC HEARING BEFORE THE CITY OF ROANOKE PLANNING COMMISSION TO WHOM IT MAY CONCERN: The City of Roanoke Planning Commlssl~ ~Li~Jl~li~:~;:!;:; hearing on Thursday, March 17, 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 GAPCO Management, LLC, represented by Edward A. Natt, attorney, to repeal all proffered conditions on property bearing Official Tax No. 2732201, located on 3839 Shenandoah Avenue, N.W., and replace with new proffered conditions. 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 print in newspaper on Tuesday, March 1 and 8, 2005 Please bill: Edward A Natt, Esq. Osterhoudt, Prillaman, Natt, Helscher, Yost, Maxwell & Ferguson, PLC P O Box 20487 Roanoke, VA 24018-0049 (540) 725-8180 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) 853-1730 TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE AMENDMENT OF PROFFERS REQUEST OF: GAPCO at 3839 Shenandoah Avenue, NW, Tax No. 2732201 )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 17th day of February, 2005, notices of a public hearing to be held on the 17th day of March, 2005, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: Tax No. 2720101 2720602 2720603 2720604 2720701 2730216 2731201 2731202 2731203 2731204 2731205 2731206 Name James C. Bowman Donald W. Bandy Frank R. Radford Winston L. Underwood, Trustee Underwood Living Trust Roanoke Electric Steel Timothy and Carolyn Sarver Joseph H. Mays, Jr. Milton R and Daisy Jones Melvin D. Brodrecht Monica Jernigan Beatrice Blair Eugene and Esther Lamar James and Arlene Peete Address 1032 Lonesome Pine Drive Blue Ridge, VA 24064 P O Box 4143 Roanoke, VA 24015 5730 Longridge Circle, SW Roanoke, VA 24014 5114 Winter Park Drive Roanoke, VA 24019 P O Box 13948 Roanoke, VA 24034 P O Box 11781 Roanoke, VA 24022 3856 Rolling Hill Avenue, NW Roanoke, VA 24017 3852 Rolling Hill Avenue, NW Roanoke, VA 24017 3846 Rolling Hill Avenue, NW Roanoke, VA 24017 3838 Rolling Hill Avenue, NW Roanoke, VA 24017 3834 Rolling Hill Avenue Roanoke, VA 24017 3828 Rolling Hill Avenue Roanoke, VA 24017 2731207 2731208 2731209 2731210 2731301 2732301 Donovan L. Franklin Robert and Barbara White Eunice and Michael Wallace Clyde and Mildred Roland C & W Associates, LC City of Roanoke 3822 Rolling Hill Avenue, NW Roanoke, VA 24017 3814 Rolling Hill Avenue, NW Roanoke, VA 24017 3808 Rolling Hill Avenue Roanoke, VA 24017 3802 Rolling Hill Avenue Roanoke, VA 24017 3519 Verona Trail, SW Roanoke, VA 24018 Also mailed to: Ruth Lewis, President, Wilmont NH Partnership, 3732 Red Fox Lane, 24017 Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 17th day of February, 2005. Notary Public My Commission Expires: MARY E 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 December 2, 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. Manetta: Pursuant to Section 36.1-690(e) of the .Code of the City of Roanoke (1979), as amended, I am enclosing copy ora petition to amend proffers received in the City Clerk's Office on December 1, 2004, from Edward A. Natt, Attorney, representing Gapco Management, LLC, requesting that proffers established by Ordinance No. 28666 adopted on June 15, 1987, be repealed and replaced with certain new proffers in connection with rezoning a tract of land located at 3839 Shenandoah Avenue, N. W., identified as Official Tax No. 2732201, from RS-2, Residential Single Family District, to C-2, General Commercial District. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Enclosures pc: The Honorable Mayor and Members of the Roanoke City Council Edward A. Natt, Attorney, Osterhoudt, Prillaman, Natt, Helscher, Yost, Maxwell & Ferguson, P. L. C., P. O. Box 10487, Roanoke, Virginia 24018 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:\C LERK~DATA\CKEW 1 ~,EZONING AND STKEET CLOSUKEhRezonings - Street Alley Closure 05~GAPCO Management LLC.doc LAW OFFI6E$ Edward A. Natt Please reply to: P. O. Box 20487 Roanoke, VA 24018 Direct: (540) 725-8180 Fax: (540) 774-0961 E-mail: enatt@opniaw, com 0STERHOUDT, PRILLA~IAN, ~T~_TT, HEL$CHER, YOST, ~Vi~XWELL ~ FEROUSON, PLC 31~0 GHAPAR~L DRIVE, SUITE °~00-C (540) o80-oooo ~'AX (540) 77e-OI20 December 1,2004 HAND DELIVERED Ms. Martha Franklin Roanoke City Planning Department 166 Municipal Building 215 Church Avenue, SW Roanoke, VA 24011 Re: GAPCO MANAGEMENT, LLC 3839 Shenandoah Avenue, NW - Map No. 2732201 Dear Martha: Enclosed please find the original and three copies of the Petition to Amend Proffers relating to the above matter, along with Mid-South Management, LLC's check in the amount of $500.00. Andrew Warren and I have been working together on this matter and he gave me the go-ahead this morning to file. I would appreci-*e y-ur seeing that our runner be given a receipt for the $500.00 filing fee and one copy of the Petition stamped as to date of receipt. Should you have any questions or need anything further, please feel free to give me a call. Thanking you in advance for your attention to this matter, I am Very truly yours, OSTERHOUDT, PRILLAMAN, NATT, HELSCHER, YOST, MAXWELL & FERGUSON, P.L.C. Edward A. Natt EAN/csb Enclosures pc: Mr. Tony Byrd Mid-South Management 305 1st Street, SE, Suite 416 Roanoke, VA 24011 Mary Parker, City Clerk 456 Municipal Bldg. 215 Church Avenue, SW Roanoke, VA 24011 OSTERHOUDT, PRILLAMAN, NATT, HELSCHER, YOST, MAXWELL. & FERSUSON, PLC ATTORNEYS-AY-LAW ROANOKE, VIRGINIA 24018-0049 PETITION TO AMEND PROFFER~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Amendment of Proffered Conditions for a tract of land at 3839 Shenandoah Avenue, N.W. identified as Tax Map No. 2732201 TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: By Ordinance No. 28666 adopted June 15, 1987, at the request of CBL Management, Inc., City Council rezoned the property identified as Tax Map No. 2732201 from RS-2, Residential Single-Family District, to C-2, General Commercial District with proffered conditions. A copy of said Ordinance is attached hereto as Exhibit 1 Said parcel of land contains 5.1484 acres, more or less. A map of the subject property is attached hereto as Exhibit 2. A location map of the property is attached as Exhibit 3. A legal description of the subject property is attached as Exhibit 4. Your Petitioner herein, GAPCO MANAGEMENT, LLC, a Virginia limited liability company, is the current owner of said parcel. Your Petitioner requests that the conditions relating to said property be amended as hereinafter set out. Your Petitioner believes that the subject amendment of proffers will further the intent and purposes of the City Zoning Ordinance and its Comprehensive Plan in that it will allow for an additional use of the subject property which would not be objectionable.. Your Petitioner hereby requests that the following Proffers established by Ordinance No. 28666 dated June 15, 1987, as hereinafter set out, be repealed: \\JOLLY~SYS\USERS\CBaumgardner~.ONING\GAPPCO PET AMD PROFFERS.doc Page 1 of 4 December 1, 2004 OSTERHOUDT, PRILLAMAN, NATT, H[LSCHE~,YOST, M,~e,VELL & F£ROUSON, PLC ATTORNEYS-AT-LAW ROANOE~,ViRGINIA 24018-0049 (a) The property will be used only for a neighborhood shopping center including a supermarket and retail shops but excluding a fast food restaurant or gasoline service station. (b) If construction of a neighborhood shopping center on the property has not commenced within five (5) years from the date of adoption of the ordinance rezoning the tract, the zoning classification will revert to RS-2, Single- Family Residential District, or the equivalent classification then in effect. (c) The row of existing large pine trees along Old Stevens Road and the eastern portion of the north boundary line of the property will remain undisturbed, except those from the proposed entrance/exit on Old Stevens Road to Shenandoah Avenue. (d) Petitioner will erect a six-foot-high chain link fence with slats along the entire north boundary line of the property and will in addition plant a staggered row of evergreen trees on ten-foot centers within the ten-foot buffer area along the north boundary line. Your Petitioner further requests that the following Proffers be adopted: (a) The property will be used only for the following permitted uses in a C-2, General Commercial District: (i) Food stores with unlimited gross floor area. (ii) General retail establishments primarily engaged in the retail sale or rental of merchandise, goods, or products except automobiles, trucks, or construction equipment; and including the incidental repair and assembly of merchandise goods or products to be sold on the premises. Churches, synagogues and other places of worship not including accessory columbariums. \\JOLLY~SYS\USERS\CBaurngardner~_ONING\GAPPCO PET AMD PROFFERS.doc Page 2 of 4 December 1, 2004 MAXWELL & F[RGU$ON, PLC (b) The row of existing large pine trees along Old Stevens Road and the eastern portion of the north boundary line of the property will remain undisturbed, except those from the entrance/exit on Old Stevens Road to Shenandoah Avenue. (c) Petitioner will erect and maintain a six-foot- high chain link fence with slats along the entire north boundary line of the property and will in addition plant and maintain a staggered row of evergreen trees on ten-foot centers within the ten-foot buffer area along the north boundary line. Attached as Exhibit 5 are the names, addresses and tax numbers of the owner or owners of all lots or property immediately adjacent to and immediately across a street or road from the subject property. WHEREFORE, your Petitioner requests that the above-described amended proffer be approved as herein set out in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this! J'/' -- day of PetitionedOwner: \\JOLLY~SYS\USERS\CBaumgardner~ZONING\GAPPCO PET AMD PROFFERS.doc Page 3 of 4 December 1, 2004 [4~XWELL & F£;~GU$0N, PLC Edward A. Natt, Esq. OSTERHOUDT, PRILLAMAN, NATT, HELSCHER, YOST, MAXWELL & FERGUSON, P.L.C. P. O. Box 20487 Roanoke, VA 24018-0049 Phone: (540) 725-8180 Fax: (540) 774-0961 VSB #1104 \\JOLLY~SYS\USERS\CBaumgardner~.ONING\GAPPCO PET AMD PROFFERS.doc Page 4 of 4 December 1,2004 Fax Server 111512004 2:19 PAGE 001/005 Fax Server .~ THE COUNCIL OF THE CITY OF RD~kNOKE, The lSth day of June, 1987. No. 28666. VIRGINIA, AN ORDINANCE to amend §§36.1-3. Code of as amended, and Sheet No. 273. Sectional 1976 Roanoke, to rezone certain property within the tatn conditions proffered by the applicant. the City of Roanoke (1979), Zone Map, City of City, subject to cer- WHEREAS, application has been made to the Council of the City of Roanoke to have the hereinafter described property rezoned from RS-2, Residential Single-Family District, to C-2. General Commercial Dis{tier. subject to certain conditions proffered by the applicant; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §35.1-693, Code of the City of Roanoke (1979), as amended and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was Council at its meeting on June 8, thereof as required by §36.1-693, as amended, at which hearing all given an opportunity to be heard, rezoning; and WHEREAS, this Council, after considering the aforesaid applica- tion, the reconraendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented held on said application by the City 1987, after due and timely notice Code of the City of Roanoke (1979), parties in interest and citizens were both for and against the proposed Fax Server 111512004 2:19 PAGE 002~005 Fax Server 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 §§$6.1-3, Code of the City of Roanoke (1§79), as amended, and Sheet No. 273 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: Property described as s tract of land on the north side of Shenandoah Avenue, N.W., between Old Stevens Road, N.W., and Westside Boulevard, N.W., containing 5.11 acres, more or less, designated on Sheet No. 273 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax 2732201 be. and is hereby rezoned from RS-2, Residential Single-Family District, to C-2, C, en~ral Commercial District, subject to those conditions proffered by and set forth in the Petitioner's Second Amended Petition for Rezoning filed with the City Clerk on May 12, 1§87, and that Sheet No. 273 of the Zone Map be changed in this respect. A~EST: City Clerk. FaX Server 11/5/200~ 2:19 PAGE 003/005 Fax Server VIRGINIA: '87 ~i~ 12 .~!~'1 ' ~ IN THE COUNCIL OF THE CITY OF ROANOKE IN RE: ) ) Rezoning of a tract of land lying) on the north side of Shenandoah Avenue, N.W. between Old Stevens Road, N.W. and West Side Boule- vard, N.W. from RS-2, Single Family Residential District, to C-2, General Commercial District SECOND AMENDED PETITION FOR REZONING TO: The Honorable Mayor and Members of the Council of the City of Roanoke (1) The petitioner, CBL Management, Inc., has contracted to purchase a tract of land located in the City of Roanoke, Virginia, on the north side of Shenandoah Avenue, N.W., between Old Stevens Road, N.W. and West Side Boulevard, N.W., contain- ing 5.11 acres (more or less) and designated on the Roanoke City Appraisal Map as Official Tax No. 2732201. The tract is currently zoned RS-2, Single Pamily Residential District. A copy of Roanoke City Appraisal Map Sheet 273 showing the property to be rezoned is attached to this petition as Exhib- it A. (2) Pursuant to Articles VII and VIII of Chapter 36 of the Code of the City of Roanoke (1979), the petitioner requests that the said property be rezoned from RS-2, Single Family Residential District, to C-2, General Commercial District, to permit construction by petitioner of a neighborhood shopping center. Fax Server 11/5/2004 2:19 PAGE 004/005 Fax Server (3) The petitioner believes that the rezoning of said property will further the intent and purpose of the Zoning Ordinance and the Comprehensive Plan of the City of Roanoke by making available for commercial ~evelopment a tract of land the location of which renders it better suited for commercial than for residential development. (4) Attached as Exhibit B are the names and addresses of the owners of all property immediately adjacent to or across adjoining streets from the property to be rezoned. (5) The petitioner hereby proffers and aqrees that if said property is rezoned as requested, the rezoning will be subject to the following conditions by which the petitioner agrees to abide~ (a) The property will be used only for a neighbor- hood shopping center including a supermarket add retail shops but excluding a fast food restaurant or gasoline service station. (b) If construction of a neighborhood shopping center on the property has not commenced within five (5) years from the date of adoption of the ordinance rezoning the tract, %he zoning classification will revert to RS-2, Single-Family Residential District, or the equivalent classification then in effect. (c) The row of existing large pine trees along Old Stevens Road and the eastern portion of the north boundary line of the property will remain undisturbed, except those from the ~&x ~orvor 11/5/200~ 2:19 PAGE 005/005 Fax Sorv~r proposed entrance/exit on Old Stevens Road to Shenandoah Avenue. (d) Petitioner will erect a six-foot high chain link fence with slats along the entire north boundary line of the property and will in addition plant a staggered row of evergreen trees on ten-foot centers within the ten-foot buffer area along the north boundary line. WHEREFORE, the petitioner requests that the above-described tract be rezoned as requested in accordance with the provisions of the Roanoke. Daniel F. Layman, Jr. Woods, Rogers & Hazlegrove P. O. Box 720 Roanoke, VA 24004 Zoning Ordinance of the City of Respectfully submitted, ByCBL~N~- Of Counsel ~ Counsel for the Petitioner Map Output 2732201-3839 Shenandoah Ave NW SCHEDULE "A" LOCATED IN THE CITY OF ROANOKE, VIRGINIA BEGIN at an iron ~in on the East right-of-way margin of West Side Boulevard and the Southwest Corner of Block 12, Section 3, Wilmont Farms as shown by plat of record in Map Book 1, page 126, in the Clerk's Office for the City of Roanoke, said point being the True Point of Beginning; thence run North 53 deg. 10' 00" East for a distance of 418.10 feet to an iron pin; thence run North 73 deg. 45' 00" for a distance of 168.08 feet to an iron pin on the West right-of-way margin of Old Stevens Road; thence run South 15 deg. 59' 00" East along the said right-of-way margin for a distance of 110.48 feet to an iron pin; thence run South 21 deg 17' 00" East along said right-of-way margin for a distance of 254.46 feet to an iron pin; said point being the PC of a curve to' the ~ight having a radius of 25.00 feet and an arc distance of 40.77 feet; thence run along said curve to the right a chord South 25 deg. 25' 49" West and a chord distance of 36.40 feet to an iron pin on the North right-of-way of Shenandoah Avenue also known as State Road #1432; thence run South 72 deg 10' 00" West along said right-of-way margin for a distance of 524.36 feet to an iron pin said point being on the PC of a curve to the right having a radius of 15.00 feet and an arc distance of 29.31 feet; thence run along said curve to the right a chord bearing North 72 deg 16' 23" West and a chord distance of 27.71 feet to an iron pin on the East right-of-way margin; thence run North 40 deg 40' 00" West along said right-of-way for a distance of 249.43 feet to an iron pin; thence run North 36 deg 50' 00" West along said right-of-way margin for a distance of 17.99 feet to a point and back to the True Point of Beginning containing 222,915.03 sq. ft or 5.12 acres more or less. ADJOINING PROPERTY OWNER LISTING Subiect Property: Tax Map No.: Applicant/Owner 3839 Shenandoah Avenue, N.W. 2732201 Gapco Management, LLC ADJOINING PROPERTY OWNERS This list as follows are those property owners who own property beside, behind or across the street from the subject property noted above: Official Tax Number / Property Address 2720101 Shenandoah Avenue NW 2720602 Shenandoah Avenue NW 2720603 3842 Shenandoah Avenue NW 2720604 3822 Shenandoah Avenue NW 2720701 Shenandoah Avenue NW CITY OF ROANOKE Owner's Name and Mailinq Address James C. Bowman 1032 Lonesome Pine Drive Blue Ridge, VA 24064 Donald W. Bandy P. O. Box4143 Roanoke, VA 24015 Frank R. Radford 5730 Longridge Cimle SW Roanoke, VA 24014 Winston L. Underwood, Trustee Underwood Living Trust 5114 Winter Park Drive Roanoke, VA 24019 Roanoke Electric Steel Corp. P. O. Box 13948 Roanoke, VA 24034 \\JOLLY~SYS\USERS\CBaumga~ner~ZONING\GAPCO APO.doc Page lof3 November29,2004 Official Tax Number / Property Address 2730216 Shenandoah Avenue NW 2731201 3856 Rolling HillAvenue NW 2731202 3852 Rolling HillAvenue NW 2731203 3846 Rolling HillAvenue NW 2731204 3838 Rolling HillAvenue NW 2731205 3834 Rolling Hill Avenue NW 2731206 3828 Rolling HillAvenue NW 2731207 3822 Rolling HillAvenue NW 2731208 3814 Rolling HillAvenue NW 2731209 3808 Rolling HillAvenue NW CITY OF ROANOKE Owner's Name and Mailinq Address Timothy Lee and Carolyn N. Sa~er P. O. Box11781 Roanoke, VA 24022 Joseph Mays, Jr. 3856 Rolling Hill Avenue NW Roanoke, VA 24017 Milton R. and Daisy T. Jones 3852 Rolling Hill Avenue NW Roanoke, VA 24017 Melvin D. Brodrecht Monica Jernigan 3846 Rolling Hill Avenue NW Roanoke, VA 24017 Beatrice Blair 3838 Rolling Hill Avenue NW Roanoke, VA 24017 Eugene and Esther H. Lamar 3834 Rolling Hill Avenue NW Roanoke, VA 24017 James L. and Arlene R. Peete 3828 Rolling Hill Avenue NW Roanoke, VA 24017 Donovan L. Franklin 3822 Rolling Hill Avenue NW Roanoke, VA 24017 Robert and Barbara A. White 3814 Rolling Hill Avenue NW Roanoke, VA 24017 Eunice B. and Michael L. Wallace 3808 Rolling Hill Avenue NW Roanoke, VA 24017 \\JOLLY~SYS\USERS\CBaumgardner~ZONING\GAPCO APO.doc Page 2 of 3 November 29, 2004 Official Tax Number / Property Address 2731210 3802 Rolling Hill Avenue NW 2731301 3768 Rolling Hill Avenue NW 2732301 Shenandoah Avenue, NW 6030107 629 Petem Creek Road NW CITY OF ROANOKE Owner's Name and Mailing Address Clyde G. and Mildred G. Roland 3802 Rolling Hill Avenue NW Roanoke, VA 24017 C & W Associates, LC 3519 Verona Trail SW Roanoke, VA 24018 City of Roanoke P. O. Box 4563 Roanoke, VA 24015 Food Lion LLC P. O. Box 1330 Salisbu~, NC 28145 \~OLLY~SYS\USERS\CBaumga~ner~.ONING\GAPCO APO.doc Page 3of3 November29,2004 E 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 STEPHANIE M. MOON, CMC Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk April 20, 2005 File #51 Edward A. Natt, Attorney Osterhoudt, Prillaman, Natt, Helscher, Yost, Maxwell and Ferguson P. O. Box 20487 Roanoke, Virginia 24018 Dear Mr. Natt: I am enclosing copy of Ordinance No. 37023-041805 rezoning property located at 739 Townside Road, S. W., identified as Official Tax No. 5490307, from LM, Light Manufacturing District, conditional, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner as contained in the Second Amended Petition filed in the Office of the City Clerk on March 25, 2005. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, April 18, 2005, and is in full force and effect upon its passage. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Enclosure Edward A. Natt, Attorney April 20, 2005 Page 2 pc: Mr. and Mrs. Robert C. Keeley, 3750 Dogwood Lane, S. W., Roanoke, Virginia 24014 Ms. Mary F. Prickett, 3736 Dogwood Lane, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Gerald R. Hawley, 3726 Dogwood Lane, S. W., Roanoke, Virginia 24015 Mr. Charles E. Lex, 3862 Park Lane, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Robert H. Sandel, 3808 Park Lane, S. W., Roanoke, Virginia 24015 Mr. and Mrs. L. Elwood Norris, 3818 Park Lane, S. W., Roanoke, Virginia 24015 Mr. Winfred D. Peters,Jr., Trustee, 3834 Park Lane, S. W., Roanoke, Virginia 24015 Ms. Ilene N. Peters, Trustee, 3834 Park Lane, S. W., Roanoke, Virginia 240].5 Summertree Apartments, LLC, P. O. Box 2152, Roanoke, Virginia 24009 Edgehill Estates Apts., LLC, P. O. Box 2:~52, Roanoke, Virginia 24009 Lloyd Clingenpeel, Norfolk Southern Corporation, 110 Franklin Road, S. E., Roanoke, Virginia 24011 MerMar Enterprises of Roanoke, P. O. Box 20269, Roanoke, Virginia 24018 Roanoke Tanglewood, LLC, 4420 A Electric Road, Roanoke, Virginia 24014 Janet Scheid, Roanoke County Planning Department, P O Box 29800, Roanoke, Virginia 24018 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 18th day of April, 2005. No. 37023-041805. AN ORDINANCE to amend §§36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 549, Sectional 1976 Zone Map, City of Roanoke, in order 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, Mark S. Lucas and Lucas Physical Therapy, Inc., filed an application to the Council of the City of Roanoke to rezone a tract of land located at 739 Townside Road, S.W., being designated as Official Tax No. 5490307, Milch property was previously conditionally rezoned by the adoption of Ordinance No. 36624-021704, adopted February 17, 2004; WHEREAS, Mark S. Lucas and Lucas Physical Therapy, Inc., seeks to have the subject property zoned C-2, General Commercial District, with proffers; 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 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 April 18, 2005, after due and timely notice thereof as required by §36.1-693, Code of the City of Roanoke (1979), as amended, at which heating all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed amendment; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public heating, is of the opinion that the property located at 739 Townside Road, S.W., being designated as Official Tax No. 5490307, should be rezoned fi.om LM, Light Manufacturing District, subject to proffers, to C-2, General Commercial District, subject to proffers. 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 mended, and Sheet No. 549 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 739 Townside Road, S.W. and designated on Sheet No. 549 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 5490307, be, and is hereby rezoned from LM, Light Manufacturing District, subject to certain proffers, to C-2, General Commercial District, subject to the proffers contained in the Second Amended Petition filed in the Office of the City Clerk on March 25, 2005, and that Sheet No. 549 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 April18,2005 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 Lucas Physical Therapy, Inc., represented by Edward A. Natt, attorney, that property located at 739 Townside, Road S.W., identified as Official Tax No. 5490307, be rezoned from LM, Light Manufacturing District, conditional, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner. Planning Commission Action: Planning Commission public hearing was held on Thursday, March 17, 2005. By a vote of 6-0-1 (Mr. Butler abstaining), the Commission recommended approval of the second amended petition. Background: A petition was filed on February 3, 2005. An amended petition was filed on February 18, 2005. A second amended petition was filed on March 25, 2005. The second amended petition proposes to rezone Tax Map No. 5490307, consisting of 3.998 acres, from LM, Light Manufacturing District, conditional, to C-2, General Commercial District. The amended petition requests that existing conditions be repealed and replaced with the following proffered conditions: The property would be used only for medical office or medical clinics, general and professional offices, including financial institutions, personal service establishments and business service establishments. The property will be developed according to the site plan prepared by Lumsden Associates, P.C., under date of January 31, 2005, and March 3, 2005, to add the Tree Retention Area (attached hereto as Exhibit 3), subject to such changes as may be required by the City staff during the comprehensive development plan review process. No sign, included one painted on the side of the building, shall be visible from the adjacent expressway. The following proffers shall relate to lighting: any outdoor light fixture shall be a full cutoff fixture or a decorative fixture with full cutoff optics. A "full cutoff fixture" shall mean an outdoor light fixture shielded in such a manner that all light emitted by the fixture, either directly from the lamp or indirectly from the fixture, is projected below the horizontal plan. A"decorative fixture with full cutoff optics" shall mean an outdoor light fixture with manufacturer-provided or manufacturer-installed full cutoff optics. The spillover of lighting from any parking area on the subject property onto public rights-of-way or abutting property in residentially zoned districts shall not exceed one-al (0.5) foot candle at the property line. Any outdoor lighting in parking areas shall not exceed 12 feet in height. The maximum height shall apply to the height of the poles or other standards to which the fixtures are attached or the top most point of the fixture itself, whichever is higher. Outdoor lighting information for the subject property shall be submitted during comprehensive development plan review. Such information shall include the following: (1) location of all outdoor lighting fixtures, including the manufacturer's specifications, of the area to be lighted with such fixtures; (2) Plans indicating the location on the property, and the type, of illuminating devices, fixtures, lamps supports, reflectors and other devices; (3) Description of the illuminating devices, fixtures, lamps, supports, reflectors and other devices; (4) Photometric data, such as that furnished by the manufacturers, showing the angle of cut off of light emissions; and (s) Other information as may be deemed necessary by the Zoning Administrator to determine compliance with the lighting proffers. Petitioners shall plant a minimum of fifteen, 2" caliper deciduous trees within the interior of the parking lot and maintain the same. The primary exterior fa(;ade of the new structures will not contain cinderblock or metal siding. Considerations: The subject parcel borders U.S. Route 220 right-of-way along its west side. The adjacent properties on the opposite side of the right-of-way are single family homes zoned RS-l, Residential Single Family. To the south and east are several apartment buildings zoned RM-2, Residential Multifamily, Medium Density District. To the north is a small-scale shopping center occupied by state government offices and a beauty school, which is zoned C-2, General Commercial District. The request to rezone the subject parcel is consistent with the following statements and recommended actions of Vision 2001-2020, the City's comprehensive plan: New Development: Design principles and guidelines recommend new development by landowners and investors be compatible with the surrounding neighborhood (p. I 1). The proposed Iow intensity commercial uses are compatible with surrounding high density residential development. Commercial Development: Encourage commercial development in appropriate areas (i.e., key intersections and centers) (ED P6, P. 59). A mix of commercial and high density residential uses is already established in the vicinity of the property. The development plan is consistent with the following policies in the Franklin Road/Colonial Avenue Area Plan: · Commercial and residential zoning districts should be clearly delineated with the intensity of uses minimized in some areas. The proposed use is less intense than the industrial use previously approved for the site. The Iow intensity of the proposed office use is compatible with the surrounding residential uses. · Paved parking spaces should be minimized. The number of parking spaces is limited to the amount required by the Zoning Ordinance. · New development: New development should be well-planned and use limited land resources wisely. The proposed development maximizes use of the site's existing graded areas. Steep slopes will remain undisturbed vegetated area. · Commercial and industrial development should be economically viable without threatening the environment and high quality of life in the area. The new C-2 zoning is more compatible with the surrounding zoning districts and the proposed development is consistent with the City's comprehensive plan. The development plan meets dimensional requirements of the C-2 district and the parking requirements of the use. A landscaped buffer yard will be required along the eastern boundary where the property abuts a residential district. In evaluating the proposal, staff and the Planning Commission identified several issues that needed to be addressed: · Clarification of the permitted uses outlined in the proffered conditions. · Preservation of the tree line along the top of the ridge on the U.S. 220 frontage. · Limitation on site lighting, particularly in the area abutting the residential district. · Specification of exterior building materials. · Access to the property. The parcel is essentially landlocked because its only right-of-way frontage is the U.S. 220 Expressway. Access to the property will be via a deeded access easement across the parking area of the adjacent apartment complex. In response to these concerns, Mr. Natt agreed to the proffers listed in the 2"d Amended Petition. The proffers satisfactorily address issues with permitted uses, signs, lighting, and exterior building materials. After discussion by the Planning Commission and staff, it was determined that 4 access to the property is an off-site issue that could not be addressed with proffered conditions on the subject property. Recommendation: By a vote of 6-0-1, the Commission recommends that City Council approve the 2® amended petition to rezone to C-2, General Commercial District, with conditions. 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 Edward A. Natt, Attorney for the Petitioner SECOND AMENDED PETITION TO REZONE IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE:: Rezoning of property totaling 3.998 acres, more or less, identified as 5490307 and further identified as 739 Townside Road SW, from LM Conditional (Light Manufacturing District) to C-2 (General Commercial District). TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioners, MARK S. LUCAS and LUCAS PHYSICAL THERAPY, INC. are the contract purchasers of a parcel of property containing 3.998 acres, more or less, which is identified as Tax Map No. 5490307 and situate at 739 Townside Road SW; said tract being currently zoned LM Conditional (Light Manufacturing District). A location map of the property to be rezoned is attached hereto as Exhibit 1. A legal metes and bounds description of the property is attached hereto as Exhibit 2. A concept plan is attached hereto as Exhibit 3. Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioners request that property containing 3.998 acres, more or less, which is identified as Tax Map No. 5490307, be rezoned from LM Conditional (Light Manufacturing District) to C-2 (General Commercial District), for the purpose of locating a medical office or medical clinic, general and professional offices, including financial institutions, personal service establishments and business service establishments thereon. The Petitioners believe the rezoning of said tract of land will further the intent and purposes of the City's Zoning Ordinance and its Comprehensive Plan, in that it will enable a parcel of land located at 739 Townside Road to be used for commercial purposes (general and professional offices, including financial institutions, medical clinics, medical \\JOLLY~SYS\USERS\CBaumgardner~ZONING\Lucas AMD PET TO REZONE 2,doc Page 1 of 5 March 22, 2005 MAXWELL. & FERGU$ON, PLC ATTORNEYS-AT-L~w offices, personal service establishments and business service establishments) as other properties in the area are so utilized. Attached as Exhibit 4 are the names, addresses and tax nurr{bers of the owners of all lots or property immediately adjacent to and immediately across a street or road from the property to be rezoned. The Petitioners request that the conditions existing on the subject property as adopted by Ordinance No. 36624-021704 and as set forth below be REPEALED: 1. The property shall be used only for mini warehouses, not to exceed a total of 48,000 s.f. 2. That no sign, including one painted on the side of a building, shall be visible from the adjacent expressway (220/581). 3. No outdoor storage shall be permitted on the property. 4. The buildings shall be earth tone in color. Earth tone shall be defined as any of various rich, warm colors with tones of brown; i.e., tan, taupe, wheat, beige, Navajo white, winter white, cream, ecru, almond and khaki. The Petitioners voluntarily SUBMIT the following proffers to be included as a part of the rezoning request: That the property will be used solely as a medical office or medical clinic, institutions, personal service general and professional offices, including financial establishments and business service establishments. 2. That the property will be developed according to the site plan prepared by Lumsden Associates, P.C. under date of January 31, 2005, revised March 3, 2005, to add the Tree Retention Area (attached hereto as Exhibit 3/subject to such changes as may be required by the City Staff during the comprehensive development plan review process. \\JOLLY~SYS~USERS\CBaumgardneAZONING\Lucas AMD PET TO REZONE 2.doc Page 2 of 5 March 22.2005 3. That no sign, including one painted on the side of a building, shall be visible from the adjacent expressway. 4. The followiqg proffers shall relate to lighting: (A) Any outdoor light fixture shall be a full cutoff fixture or a decorative fixture with full cutoff optics. A "full cutoff fixture" shall mean an outdoor light fixture shielded in such a manner that all light emitted by the fixture, either directly from the lamp or indirectly from the fixture, is projected below the horizontal plane. A "decorative fixture with full cutoff optics" shall mean an outdoor light fixture with manufacturer-provided or manufacturer-installed full cutoff optics. (B) The spillover of lighting from any parking area on the subject property onto public rights-of-way or abutting property in residentially zoned districts shall not exceed one-half (0.5) foot candle at the property line. (C) Any outdoor lighting in parking areas shall not exceed twelve (12) feet in height. The maximum height shall apply to the height of the poles or other standards to which the fixtures are attached or the top most point of the fixture itself, whichever is higher. (D) Outdoor lighting information for the subject property shall be submitted during comprehensive development review. Such I information shall include the following: ¢) Location of all outdoor lighting fixtures, including the manufacturer's specifications, of the area to be lighted \\JOLLY~SYS\USERS\CBaumgardner~ZONING\Lucas AMD PET TO REZONE 2.doc Page 3 of 5 March 22, 2005 mAXWELL & FERGUSON, PLC ATTOrNEYS-AT-LAW (ii) (iv) (v) with such fixtures; Plans indicating the location on the property, and the type, of illuminating devices, fixture-s, lamps supports, reflectors and other devices; Description of the illuminating devices, fixtures, lamps, supports, reflectors and other devices; Photometric data, such as that furnished by the manufacturers, showing the angle of cut off of light emissions; and Other information as may be-deemed necessary by the Zoning Administrator to determine compliance with the lighting proffers. 5. Petitioners shall plant a minimum of fifteen (15) 2" caliper deciduous trees within the interior of the parking lot and maintain the same. 6. The primary exterior faQade of the new structures shall not be constructed of cinder blocks or metal siding. WHEREFORE, the Petitioners request 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 'Z'~ day of ,,~,~-~/-f/ ,2005. Applicants: ~ MARK LUCA~ \~JOLLY~SYS\USERS\CBaumgardner~ZONING\Lucas AMD PET TO REZONE 2.doc Page 4 of 5 March 22, 2005 LUCAS PHYSICAL THERAPY, INC. BY Mark Lucas,'F/~sident Owner: EDGEHILL ESTATES APTS LLC BY Gilbert Butler, Member Edward A. Natt, Esq. OSTERHOUDT, PRILLAMAN, NATT, HELSCHER, YOST, MAXWELL & FERGUSON, P.L.C. P. O. Box 20487 Roanoke, VA 24018-0049 Phone: (540) 725-8180 Fax: (540) 774-0961 VS B #1104 \\JOLLY~SYS\USERS\CBaumgardner~ZONING\Lucas AMD PET TO REZONE 2.doc Page 5 of 5 March 22, 2005 11:55 0STERHOUDT PRILLAMAN NATT LUCAS PHYSICAL THERAPY, INC. Mark Lucas,'PTesident Owner: GiIbeCr/Butler Member Edward A. Natt, Esq. OSTERHOUDT, PRILLAMAN, NATT, HELSCHER, YOST, MAXWELL & FERGUSON, P.L.C. P. O. Box 20487 Roanoke, VA 24018-0049 Phone: (540) 72,5-8180 Fax: (540) 774-0961 VSB #1104 ~OLLY~SYS\USER$\CBaumga~dner~ZONING~Luc<3$ AMO PET TO REZONE 2.doc March 22, ZOO5 P=ge $ of 5 Map Output Lucas Rezonin~q-739 Townside Rd SW EXHtBIT I L,.2 Ii Ex.,B, [ Corm'n: 2004-139 The following is a deed description for Tax Parcel 5490307, property of Edgehill Estates Apartments, LLC, said property to be rezoned from LM to C2. The description is as follows: BEGINNING at Corner # 1, said point located on the southerly right-of-way of U.S. Route 220, said point also being the northwesterly comer of Mer Mar Enterprises of Roanoke, Tax #5500116; thence leaving U.S. Route 220 and with Mer Mar, S 52° 14' 00" E, 216.51 feet to Comer #2, said point being the northeasterly comer of Tax #5490302, property of Edgehill Estates Apts, LLC; thence continuing with Edgehill Estates for the following 2 courses and leaving Mer Mar Enterprises of Roanoke; thence S 37° 46' 00" W, 135.67 feet to Comer 3; thence S 84° 54' 53" W, 57.45 feet to Corner g4; said point being the northeasterly comer of Tax #5490306, property of Edgehill Estates Apts, LLC; thence leaving Tax #5490302 and with Tax #5490306 for the following 2 courses; thence S 37° 46' 00" W, 125.00 feet to Comer #5; thence S 53° 19' 07" E, 30.17 feet to Comer #6, said point being the northeasterly comer of property of Summertree Apartments, LLC, Tax #5490306; thence leaving Edgehill Estate Apts, LLC and with Summertree Apamnents for the following 3 courses; S 52° 48' 20" W, 104.08 feet to Corner #7; thence S 34° 25' 00" W, 404.73 feet to Comer #8; thence N 66° 46' 10" W, 187.18 feet to Comer #9, said point located on the southerly right-of-way of U.S. Route 220; thence leaving Summertree Apartments, LLC and with the southern right-of- way of U.S. Route 220 for the following 5 courses; N 25° 24' 36" E, 239.25 feet to Comer #10; thence N 45° 10' 52" E, 132.89 feet to Corner 11; thence N 23° 42' 06" E, 177.33 feet to Corner 12; thence N 63° 15' 07" E, 118.84 feet to Corner #13; thence N 39° 24' 55" E, 206.83 feet to Comer #1, the place of BEGINNING and containing 3.998 acres. ROAD ADJOINING PROPERTY OWNER LISTING EXHIBIT Address of Subject Property: Tax Map No.: Owner: Applicant's Name: 739 Townside Road SW 5490307 Edgehill Estates Apts LLC Mark S. Lucas ADJOINING PROPERTY OWNERS This list as follows are those property owners who own property beside, behind or across the street from the subject property noted above: Official Tax Number 1390201 3750 Dogwood Lane SW 1390202 3736 Dogwood Lane SW 1390203 3726 Dogwood Lane SW 1400207 3862 Pa~Lane SW 1400208 3808 Pa~ Lane SW 1400209 3818 Pa~Lane SW CITY OF ROANOKE Owner's Name and Mailinq Address Robert C. & Barbara T. Keeley 3750 Dogwood Lane SW Roanoke, VA 24014 Maw F. Pdcke~ 3736 Dogwood Lane SW Roanoke, VA 24015 Gemld R.& Sharon A. Hawley 3726 Dogwood Lane SW Roanoke, VA 24015 Chades E. & Sarah F. Lex 3862 Park Lane SW Roanoke, VA 24015 Robert H. & Jane C. Sandel 3808 Pa~ Lane SW Roanoke, VA 24015 L. Elwood & Dods E. No~s 3818 Park Lane SW Roanoke, VA 24015 \\JOLLY~SYS\USERS\CBaumgardneCZONING\Lucas REZ APO 1.doc Page I of 2 Official Tax Number 1400210 Park Lane SW 1400211 3834 Park Lane SW 1400212 Park Lane SW 549O208 3787 Parliament Road SW 5490302 711 Townside Road SW 5490305 726 Townside Road SW 5490306 Townside Road SW CITY OF ROANOKE Owner's Name and Mailinq Address Ilene N. Peters and Winfred Dale Peters, Jr. Trustees 3834 Park Lane SW Roanoke, VA 24015 Ilene N. Peters and Winfred Dale Peters, Jr. Trustees 3834 Park Lane SW Roanoke, VA 24015 Irene N. Peters and Winfred Dale Peters, Jr. Trustees 3834 Park Lane SW Roanoke, VA 24015 Summertree Apartments LLC P. O. Box 2152 Roanoke, VA 24009 EdgehillEstates Apts LLC P. O. Box 2152 Roanoke, VA 24009 Edgehill Estates Apts LLC P. O. Box 2152 Roanoke, VA 24009 Edgehill Estates Apts LLC P. O. Box 2152 Roanoke, VA 24009 F:\USERS\CBaumgardner~ZONING\Lucas REZ APO 1.doc Page 2 of 2 The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times .................................................. + ........................ NATT, EDWARD A., ATTY. PO BOX 20487 3140 CHAPARRAL DR STE 200C ROANOKE VA 24018 REFERENCE: 80068694 05596981 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 followin9 dates: City/County of Roanoke, Commonwealth/State of Virginia. Sworn and subscribed before me this _~_~_3_ day of April 2005. Witness my hand and of~l seal. r otary ublic ~/~ O mm l'v~o ~--~ ~-~--~~_/_~__ . PUBLISHED ON: 0¢/01 04/08 TOTAL COST: FILED ON: 237.82 04/08/05 739 Towm#O~ Roe Authorized Ii'.~ Si~nature:__~_~_,Y~~ Billin9 Services Rep'~esentative ~5.~ 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, April 18, 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 o£rezoning from LM, Light Manufacturing District, subject to certain proffers, to C-2, General Commercial District, subject to certain proffers, the following property: That tract of land located at 73 c) Townside Road, S.W., bearing Official Tax No. 5490307. 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, April 14, 2005. GIVEN under my hand this 29th day of I'larch ., 2005. Mary F. Parker, City Clerk. K:~,N OTI CES/NAP- LUCAS THERAPHy 041805 DOC Notice to Publisher: Publish in the Roanoke Times once on Friday, April 1, 2005 and Friday, April 8, 2005. Send affidavit to: Mary F. Parker, City Clerk 215 Church Avenue, S. W. Roanoke, Virginia 24011 (540) 853-2541 Send bill to: Edward A. Natt, Esquire Osterhoudt, Prillaman, Natt, Helscher, Yost, Maxwell & Ferguson, P.L.C. P. O. Box 20487 Roanoke, Virginia 24018-0049 (540) 725-8180 MARY F. 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) 853-1145 E-malE clerk @ ci.roanoke.va.us April 6, 2005 STEPHANIE M. MOON, CMC Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk File #51 Edward A. Natt, Attorney Osterhoudt, Prillaman, Natt, Helscher, Yost, Maxwell and Ferguson P. O. Box 20487 Roanoke, Virginia 24018 Dear Mr. Natt: Pursuant to provisions of Resolution No. 25523 adopted by the~Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, April 18, 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 Lucas Physical Therapy, Inc., that property located at 739 Townside Road, S. W., identified as Official Tax No. 5490307, be rezoned from LM, Light Manufacturing District, conditional, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner. For your information, I am enclosing copy of a report of the City Planning Commission and a notice of public hearing. Questions with regard to City Planning Commission report should be directed to the Department of Planning, Building and Development at 540-853-1730. It will be necessary for you, or your representative, to be present at the April 18 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 MARY F. 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) 853-1145 E-mail: clerk @ ci.roanoke.va.us April 6, 2005 File #51 STEPHANIE M. MOON, CMC Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk Mr. and Mrs. Robert C. Keeley Ms. Mary F. Prickett Mr. and Mrs. Gerald R. Hawley Mr. Charles E. Lex Mr. and Mrs. Robert H. Sandel Ms. Ilene N. Peters Mr. Winfred D. Peters, Jr., Trustees Summertree Apartments, LLC Edgehill Estates Apts., LLC Mr. and Mrs. L. Elwood Norris 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, April 18, 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, $. W., City of Roanoke, on the request of Edward A. Natt, Attorney, representing Lucas Physical Therapy, Inc., that property located at 739 Townside Road, S. W., identified as Official Tax No. 5490307, be rezoned from LM, Light Manufacturing District, conditional, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner. 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. 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. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room456 Roanoke, Vuginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk @ci.roanoke.va.us March 25, 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 25, 2005, from Edward A. Natt, Attorney, representing Mark S. Lucas and Lucas Physical Therapy, Inc., requesting that a tract of land located at 739 Townside Road, S. W., containing 3.998 acres, more or less, identified as Official Tax No. 5490307, be rezoned from LM, Light Manufacturing District, Conditional, to C-2, General Commercial District, subject to certain conditions proffered by the petitioners; and that conditions existing on the property pursuant to Ordinance No. 36624-02:1704 be repealed. Mary F. Parker, CMC City Clerk MFP:ew Enclosures pc: The Honorable Mayor and Members of the Roanoke City Council Edward A. Natt, Attorney, Osterhoudt, Prillaman, Natt, Helscher, Yost, Maxwell & Ferguson, P. L. C., P. O. Box :10487, Roanoke, Virginia 24018 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 Nancy C. Snodgrass, Zoning Administrator K:~REZONING AND STREET C LO SURELR_ezonings - S~reet Alley Clo~ure 05~March 05~Lucas Physical Therapy 739 Townside 2nd amended pet. doc Edward A. Natt Please reply to: P. O. Box 20487 Roanoke, VA 24018 Direct: (540) 725-8180 Fax: (540) 774-0961 E-mail: enatt@opnlaw.com 0STERHOUDT, PRILLA~IAN, NATT, HELSGHER, YOST, MAXWELL & FE~6USO~, PLG 8140 OHAPAR~L DRIVE, SUITE 200-C (540) March 24, 2005 HAND DELIVERED Mary Parker, City Clerk 456 Municipal Bldg. 215 Church Avenue, SW Roanoke, VA 24011 Re: Rezoning: Applicant: Owner: Property: From LM Conditional (Light Manufacturing District) to C-2 (General Commercial District) Mark S. Lucas and Lucas Physical Therapy, Inc. Edgehill Estates Apts LLC 739 Townside Road - Tax Map No. 5490307 Dear Ms. Parker: Enclosed please find Second Amended Petition to Rezone relating to the above matter. By copy of this letter, I am forwarding a copy of the same to Martha Franklin. Should you have any questions or need anything further, please feel free to give me a call. With best personal regards, I am EAN/csb Enclosure Very truly yours, ,::, OSTERHOUDT, PRILLAMAN, NAT'I', HELSC[~ER, YOST, MAXWELL & FERGUSON, P.L.C. Edward A. Natt pc: HAND DELIVERED Ms. Martha Franklin Roanoke City Planning Department 166 Municipal Building 215 Church Avenue, SW Roanoke, VA 24011 Mr. Mark S. Lucas Lucas Therapies, PC 3807 Brandon Avenue, Suite 100 Roanoke, VA 24018 NOTICE OF PUBLIC HEARING BEFORE THE CITY OF ROANOKE PLANNING COMMISSION TO WHOM IT MAY CONCERN: The City of Roanoke Planning::~~l~:~d a public hearing on Thursday, March 17, 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, $.W., to consider the following: Request from Mark A. Lucas and Lucas Physical Therapy, Inc., represented by Edward A. Natt, attorney, that property located at 739 Townside Road, $.W., bearing Official Tax No. 5490307, be rezoned from LM, Light Manufacturing District, conditional, to C-2, General Commercial District, 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 853-1730 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: Edward A Natt, Esq. Osterhoudt, Prillaman, Natt, Helscher, Yost, Maxwell & Ferguson, PLC P O Box 20487 Roanoke, VA 24018-0049 (540) 725-8180 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) 853-1730 TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE REZONING REQUEST OF: Mark Lucas and Lucas Physical Therapies at 739 Townside Road, ) S.W., Official Tax No. 5490307, from LM to C-2, 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 17th day of February, 2005, notices of a public hearing to be held on the 17th day of March, 2005, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: Tax No. Name NS ROW 5490208 5490302 5490305 5490306 5500116 Rke. Co. Lloyd Clingenpeel Norfolk Southern Corp. Summertree Apartments, LLC Edgehill Estates Apts Address 110 Franklin Road, SE Roanoke, VA 24011 P O Box 2152 MerMar Enterprises of Roanoke Roanoke Tanglewood, LLC P O Box 20269 Roanoke, VA 24018 4420 A Electric Road Roanoke, VA 24014 Also Mailed to: Janet Scheid, Roanoke County Planning Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 17th day of February, 2005. Notary Public My Commission Expires: ~ / ~dO-7 MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, ~ru'ginia 24011 - 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@ci.roanok¢.va.us February 23, 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 copyofan amended petition received in the City Clerk's Office on February 22, 2005, from Edward A. Natt, Attorney, representing Mark S. Lucas and Lucas Physical Therapy, Inc., requesting that a tract of land located at 739 Townside Road, S. W., containing 3.998 acres, more or less, identified as Official Tax No. 5490307, be rezoned from LM, Light Manufacturing District, Conditional, to C-2, General Commercial District, subject to certain conditions proffered by the petitioners; and that conditions existing on the property pursuant to Ordinance No. 32214-102494 be repealed. Sincerely,~. An~"/y~' F~I.~..~.~I~ Mary F. Parker, CMC City Clerk MFP:ew Enclosures pc: The Honorable Mayor and Members of the Roanoke City Council Edward A. Natt, Attorney, Osterhoudt, Prillaman, Natt, Helscher, Yost, Maxwell & Ferguson, P. L. C., P. O. Box 10487, Roanoke, Virginia 24018 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~R~zonings - Street Alley CIo~ure 05LMarch 05~.ucas Physical Therapy 739 Townside amendment.doc AMENDED PETITION TO REZONE IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Rezoning of property totaling 3.998 acres, more or less, identified as 5490307 and further identified as 739 Townside Road SW, from LM Conditional (Light Manufacturing District) to C-2 (General Commercial District). TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioners, MARK S. LUCAS and LUCAS PHYSICAL THERAPY, INC. are the contract purchasers of a parcel of property containing 3.998 acres, more or less, which is identified as Tax Map No. 5490307 and situate at 739 Townside Road SW; said tract being currently zoned LM Conditional (Light Manufacturing District). A location map of the property to be rezoned is attached hereto as Exhibit 1. A legal metes and bounds description of the property is attached hereto as Exhibit 2. A concept plan is attached hereto as Exhibit 3. Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioners request that property containing 3.998 acres, more or less, which is identified as Tax Map No. 5490307, be rezoned from LM Conditional (Light Manufacturing District) to C-2 (General Commercial District), for the purpose of locating a medical office or medical clinic, exclusive of drug treatment programs and/or general and professional offices thereon. The Petitioners believe the rezoning of said tract of land will further the intent and purposes of the City's Zoning Ordinance and its Comprehensive Plan, in that it will enable a parcel of land located at 739 Townside Road to be used for commercial purposes as other properties in the area are so utilized. \~JOLLY\SYS\USERS\CBaumgardner~.ONING\Lucas AMD PET TO REZONE 1.doc Page I of 3 February 17, 2005 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 read from the property to be rezoned. The Petitioners request that the conditions existing on the subject property as adopted by Ordinance No. 32214-102494 and as set forth below be REPEALED: 1. The property shall be used only for mini warehouses, not to exceed a total of 48,000 s.f. 2. That no sign, including one painted on the side of a building, shall be visible from the adjacent expressway (220/581). 3. No outdoor storage shall be permitted on the property. 4. The buildings shall be earth tone in color. Earth tone shall be defined as any of various rich, warm colors with tones of brown; i.e., tan, taupe, wheat, beige, Navajo white, winter white, cream, ecru, almond and khaki. The Petitioners voluntarily SUBMIT the following proffers to be included as a part of the rezoning request: 1. That the property will be used solely as a medical office or medical clinic, exclusive of drug treatment programs thereon and/or general and professional offices. 2. That the property will be developed according to the site plan prepared by Lumsden Associates, P.C. under date of January 31, 2005, and attached hereto as Exhibit 3. 3. That no sign, including one painted on the side of a building, shall be visible from the adjacent expressway. WHEREFORE, the Petitioners request that the above-described property be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. \\JOLLY~SYS\USERS\CBaumgardner~_ONING\Lucas AMD PET TO REZONE 1,doc Page 2 of 3 February 17, 2005 NATT, H£LSCHE~, YOST, MAXWELL & FERGU$ON, PLC ATTORNEYSoAT-L~w Respectfully submitted this ~ <~ dayof Applicants: MARK LUCAS His Attorney/Legal Representative ,2005. LUCAS PHYSICAL THERAPY, INC. Its Attorney/Legal Representative Owner: G~ert Butler, i'aerCt~ler Edward A. Natt, Esq. OSTERHOUDT, PRILLAMAN, NATT, HELSCHER, YOST, MAXWELL & FERGUSON, P.UC. P. O. Box 20487 Roanoke, VA 24018-0049 Phone: (540) 725-8180 Fax: (540) 774-0961 VSB #1104 \~JOLLY~SYS\USERS\CBaumgardner~ZONING\Lucas AMD PET TO REZONE 1.doc Page 3 of 3 Februaw 17, 2005 Map Output EXHIBIT 2 Comm: 2004-139 The following is a deed description for Tax Parcel 5490307, property of Edgehill Estates Apartments, LLC, said property to be rezoned from LM to C2. The description is as follows: BEGINNING at Comer #1, said point located on the southerly fight-of-way of U.S. Route 220, said point also being the northwesterly comer of Mcr Mar Enterprises of Roanoke, Tax #5500116; thence leaving U.S. Route 220 and with Mer Mar, S 52° 14' 00" E, 216.51 feet to Comer #2, said point being the northeasterly comer of Tax #5490302, property of Edgehill Estates Apts, LLC; thence continuing with Edgehill Estates for the following 2 courses and leaving Mcr Mar Enterprises of Roanoke; thence S 37° 46' 00" W, 135.67 feet to Comer 3; thence S 84° 54' 53" W, 57.45 feet to Comer #4; said point being the northeasterly comer of Tax #5490306, property of Edgehill Estates Apts, LLC; thence leaving Tax #5490302 and with Tax #5490306 for the following 2 courses; thence S 37° 46' 00" W, 125.00 feet to Comer #5; thence S 53° 19' 07" E, 30.17 feet to Comer #6, said point being the northeasterly comer of property of Summertree Apartments, LLC, Tax #5490306; thence leaving Edgehill Estate Apts, LLC and with Summertree Apartments for the following 3 courses; S 52° 48' 20" W, 104.08 feet to Comer #7; thence S 34° 25' 00" W, 404.73 feet to Comer #8; thence N 66° 46' 10" W, 187.18 feet to Comer #9, said point located on the southerly right-of-way of U.S. Route 220; thence leaving Summertree Apartments, LLC and with the southern right-of- way of U.S. Route 220 for the following 5 courses; N 25° 24' 36" E, 239.25 feet to Comer #10; thence N 45° 10' 52" E, 132.89 feet to Comer 11; thence N 23° 42' 06" E, 177.33 feet to Comer 12; thence N 63° 15' 07" E, 118.84 feet to Comer #13; thence N 39° 24' 55" E, 206.83 feet to Comer #1, the place of BEGINNING and containing 3.998 acres. ADJOINING PROPERTY OWNER LISTING EXHIBIT I Address of Subject Property: Tax Map No.: Owner: Applicant's Name: 739 Townside Road SW 5490307 Edgehill Estates Apts LLC Mark S. Lucas ADJOINING PROPERTY OWNERS This list as follows are those property owners who own property beside, behind or across the street from the subject property noted above: Official Tax Number 1390201 3750 Dogwood Lane SW 1390202 3736 Dogwood Lane SW 1390203 3726 Dogwood Lane SW 1400207 3862 Park Lane SW 1400208 3808 PaALane SW 1400209 3818 Park Lane SW CITY OF ROANOKE Owner's Name and Mailinq Addm-~.~ Robed C. & Barbara T. Keeley 3750 Dogwood Lane SW Roanoke, VA 24014 Mary F. Prickett 3736 Dogwood Lane SW Roanoke, VA 24015 Gerald R.& Sharon A. Hawley 3726 Dogwood Lane SW Roanoke, VA 24015 Chades E. & Sarah F. Lex 3862 Park Lane SW Roanoke, VA 24015 Robert H. & Jane C. Sandel 3808 Park Lane SW Roanoke, VA 24015 L. Elwood & Doris E. Norris 3818 Park Lane SW Roanoke, VA 24015 ~lOLLY~SYS\USERS\CBaumgardner'~.ONING\Lucas REZ APO 1.doc Page I of 2 r ,, Official Tax Number 1400210 Park Lane SW 1400211 3834 Park Lane SW 1400212 Park Lane SW 5490208 3787 Parliament Road SW 5490302 711 Townside Road SW 5490305 726 Townside Road SW 5490306 Townside Road SW CITY OF ROANOKE Owner's Name and Mailing Address Ilene N. Peters and Winfred Dale Peters, Jr. Trustees 3834 Park Lane SW Roanoke, VA 24015 Ilene N. Peters and Winfred Dale Peters, Jr. Trustees 3834 Park Lane SW Roanoke, VA 24015 Ilene N. Peters and Winfred Dale Peters, Jr. Trustees 3834 Park Lane SW Roanoke, VA 24015 Summertree Apartments LLC P. O. Box 2152 Roanoke, VA 24009 Edgehill Estates Apts LLC P. O. Box 2152 Roanoke, VA 24009 Edgehill Estates Apts LLC P. O. Box 2152 Roanoke, VA 24009 Edgehill Estates Apts LLC P. O. Box 2152 Roanoke, VA 24009 F;\USERS\CBaumgardner~ZONING\Lucas REZ APO 1.doc Page 2 of 2 LAW OFFIGES Edward A. Natt Please reply to: P. O. Box 20487 Roanoke, VA 24018 Direct: (540) 725-8180 Fax: (540) 774-0961 E-mail: enatt@opnlaw.com 0STERHOUDT, PRILLA~,IAN, NATT, HELSCHER, YOST, MAXWELL ~¢ FERGUSON, PLC 3140 CHAPARI~{L DRIVE, SUITE 200-C ROANOKE. VI RGINIA 2~[018-4370 (540) 989-0000 February 18, 2005 Ms. Mar[ha Franklin Roanoke City Planning Department 166 Municipal Building 215 Church Avenue, SW Roanoke, VA 24011 Re: 739 Townside Road SW Tax Map No. 5490307 Dear MaC[ha: Enclosed please find the original and two copies of the Amended Petition to Rezone with exhibits attached relating to the above. Should you have any questions or need anything further, please feel free to give me a call. Thanking you in advance for your attention to this matter, I am Very truly yours, OSTERHOUDT, PRILLAMAN, NAT"T, HELSCHER, YOST, MAXWELL & FERGUSON, P.L.C. Edward A. Natt EAN/csb Enclosures pc: Mary Parker, City Clerk 456 Municipal Bldg. 215 Church Avenue, SW Roanoke, VA 24011 pc: Mr. Gilbert Butler Edgehill Estates Apts LLC P. O. Box 2152 Roanoke, VA 24009 Mr. Mark S. Lucas Lucas Therapies, PC 3807 Brandon Avenue, Suite 100 Roanoke, VA 24018 MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, XSrginia 2401 t - 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk @ci.roanoke.va.us February 4, 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 amendedl I am enclosing copy of a petition received in the City Clerk's Office on February 3, 2005, from Edward A. Natt, Attorney, representing Mark S. Lucas and Lucas Physical Therapy, Inc., requesting that a tract of land located at 739 Townside Road, S. W., containing 3.998 acres, more or less, identified as Official Tax No. 5490307, be rezoned from LM, Light Manufacturing District, Conditional, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner; and further requesting that the conditions existing on the property pursuant to Ordinance No. 32214-102494 be repealed. f/~,.~.~ d ~Sincerely' Mary F. Parker, CMC City Clerk MFP:ew Enclosures pc: The Honorable Mayor and Members of the Roanoke City Council Edward A. Natt, Attorney, Osterhoudt, Prillaman, Natt, Helscher, Yost, Maxwell & Ferguson, P. L. C., P. O. Box 10487, Roanoke, Virginia 24018 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\CKEW 1 ~EZONING AND STREET CLOSURE~Rezonings - S~reet Alley Closure 05~viarch 05\Lucas Physical Therapy 739 Townside.doc OSTERHOUDT, PRILLAMAN, NATT, HELSCHER, YOST, MAXWELL & FERGU$ON, PLC ATTORNEYS-AT-LAw ROANOKE, VIRG~NIA PETITION TO REZONE IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Rezoning of property totaling 3.998 acres, more or less, identified as 5490307 and further identified as 739 Townside Road SW, from LM Conditional (Light Manufacturing District) to C-2 (General Commercial District). TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioners, MARK S. LUCAS and LUCAS PHYSICAL THERAPY, INC. are the contract purchasers of a parcel of property containing 3.998 acres, more or less, which is identified as Tax Map No. 5490307 and situate at 739 Townside Road SW; said tract being currently zoned LM Conditional (Light Manufacturing District). A location map of the property to be rezoned is attached hereto as Exhibit 1. A legal metes and bounds description of the property is attached hereto as Exhibit 2. A concept plan is attached hereto as Exhibit 3. Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioners request that property containing 3.998 acres, more or less, which is identified as Tax Map No. 5490307, be rezoned from LM Conditional (Light Manufacturing District) to C-2 (General Commercial District), for the purpose of locating a medical office or medical clinic, exclusive of drug treatment programs and/or general and professional offices thereon. The Petitioners believe the rezoning of said tract of land will further the intent and purposes of the City's Zoning Ordinance and its Comprehensive Plan, in that it will enable a parcel of land located at 739 Townside Road to be used for commercial purposes as other properties in the area are so utilized. \\JOlLY~SYS\USERS\Cbaumgardner~ZONING\Lucas PET TO REZONE 1.doc Page I of 3 February 3, 2005 OSTERHOUDT, PRILLA~AN, NATT, HELSCHER, YOST, MAXWELL & F£RGUSON, PLC ATTORNEYS-AT-LANV 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. The Petitioners request that the conditions existing on the subject property as adopted by Ordinance No. 32214-102494 and as set forth below be REPEALED: 1. That the subject property will be used for the construction and operation of a mini warehouse facility on the northern half of the property which is currently zoned C-2, General Commercial District. 2. That within six (6) months after the effective date of the rezoning approval by City Council, the applicant will make application to and receive approval from the City Board of Zoning Appeals for a special exception to provide for the mini warehouse facility of up to 48,000 feet. 3. That no outdoor advertising structure shall be created on the subject property proposed for rezoning. 4. That no outdoor storage will be permitted nor take place on the subject property for rezoning. 5. That no sign, including one painted on the side of a building, shall be visible from the adjacent expressway. 6. That the zoning shall revert to RM-2 if the City Board of Zoning Appeals fails to authorize the use of the property to erect 48,000 square feet of mini warehouses. The Petitioners voluntarily SUBMIT the following proffers to be included as a part of the rezoning request: 1. That the property will be used solely as a medical office or medical clinic, exclusive of drug treatment programs thereon and/or general and professional offices. 2. That the property will be developed according to the site plan prepared by Lumsden Associates, P.C. under date of January 31, 2005, and attached hereto as Exhibit 3. \\JOLLY~SYS\USERS\CBaumgardner~ONING\Lucas PET TO REZONE 1.doc Page 2 of 3 February 3, 2005 BUTLER PHONE NO. : 54~ 544 8~5S OSTER'HCUDT PRILLAMAN H~TT FEB. ~5 Z0~5 ~i:~6PM P1 3. That no sign, including one painted on the side of a building, shall be visible from the adjacent expressway. Respectfully submitted this Appl cants: WHEREFORE, the Petitioners request that the above-described property be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. da of .2oo , ./ MARK LUCAS His Attorney/Legal Representative LUCA$ PHYSICAL THERApy, IN(:;. Its Attorney/Legal Representative .Owner: .J~'lbert Butger, IVl~r~ber Edward A. Natt, Esq. OSTERHOUDT, PRILLAMAN, NATT, HELSCHER, YOST, MAXWELL & FERGUSON, P.LC. P. O. Box 20487 Roanoke, VA 24018-0049 Phone: (540) 725-8180 Fax: (540) 774-0961 VSB #1104 BJOLLY~SYs\IJSER$~CBaum~ardner~.ONING\Lucas PET TO REZONE 1.doc February 3, 2005 Page 3 of 3 TOTAL P.~4 Map Output Lucas Rezonin -739 Townside Rd SW Comm: 2004-139 The following is a deed description for Tax Parcel 5490307, property of Edgehill Estates Apartments, LLC, said property to be rezoned from LM to C2. The description is as follows: BEGINNING at Comer #1, said point located on the southerly right-of-way of U.S. Route 220, said point also being the northwesterly comer of Mer Mar Enterprises of Roanoke, Tax #5500116; thence leaving U.S. Route 220 and with Mer Mar, S 52° 14' 00" E, 216.51 feet to Comer #2, said point being the northeasterly comer of Tax #5490302, property of Edgehill Estates Apts, LLC; thence continuing with Edgehill Estates for the following 2 courses and leaving Mer Mar Enterprises of Roanoke; thence S 37° 46' 00" W, 135.67 feet to Comer 3; thence S 84° 54' 53" W, 57.45 feet to Comer #4; said point being the northeasterly comer of Tax #5490306, property of Edgehill Estates Apts, LLC; thence leaving Tax #5490302 and with Tax #5490306 for the following 2 courses; thence S 37° 46' 00" W, 125.00 feet to Comer #5; thence S 53° 19' 07" E, 30.17 feet to Comer #6, said point being the northeasterly comer of property of Summertree Apartments, LLC, Tax #5490306; thence leaving Edgehill Estate Apts, LLC and with Summertree Apartments for the following 3 courses; S 52° 48' 20" W, 104.08 feet to Comer #7; thence S 34° 25' 00" W, 404.73 feet to Comer #8; thence N 66° 46' 10" W, 187.18 feet to Comer #9, said point located on the southerly right-of-way of U.S. Route 220; thence leaving Summertree Apartments, LLC and with the southern right-of- way of U.S. Route 220 for the following 5 courses; N 25° 24' 36" E, 239.25 feet to Comer #10; thence N 45° 10' 52" E, 132.89 feet to Comer 11; thence N 23° 42' 06" E, 177.33 feet to Comer 12; thence N 63° 15' 07" E, 118.84 feet to Comer #13; thence N 39° 24' 55" E, 206.83 feet to Comer #1, the place of BEGINNING and containing 3.998 acres. ADJOINING PROPERTY OWNER LISTING EXHIBIT Address of Subject Property: Tax Map No.: Owner: Applicant's Name: 739 Townside Road SW 5490307 Edgehill Estates Apts LLC Mark S. Lucas ADJOINING PROPERTY OWNERS This list as follows are those property owners who own property beside, behind or across the street from the subject property noted above: Official Tax Number 1390201 3750 Dogwood Lane SW 1390202 3736 Dogwood Lane SW 1390203 3726 Dogwood Lane SW 1400207 3862 Park Lane SW 1400208 3808 Park Lane SW 1400209 3818 Park Lane SW CITY OF ROANOKE Owner's Name and Mailing Address Robert C. & Barbara T. Keeley 3750 Dogwood Lane SW Roanoke, VA 24014 Mary F. Prickett 3736 Dogwood Lane SW Roanoke, VA 24015 Gerald R. & Sharon A. Hawley 3726 Dogwood Lane SW Roanoke, VA 24015 Chades E. & Sarah F. Lex 3862 Park Lane SW Roanoke, VA 24015 Robert H. & Jane C. Sandel 3808 Park Lane SW Roanoke, VA 24015 L. Elwood & Doris E. Norris 3818 Park Lane SW Roanoke, VA 24015 \\JOLLY~SYS\USERS\CBaumgardner~.ONING\Lucas REZ APO 1.doc Page I of 2 Official Tax Number 1400210 Park Lane SW 1400211 3834 Park Lane SW 1400212 Park Lane SW 5490208 3787 Parliament Road SW 5490302 711 Townside Road SW 5490305 726 Townside Road SW 5490306 Townside Road SW CITY OF ROANOKE Owner's Name and Mailinq Address Ilene N. Peters and Winfred Dale Peters, Jr. Trustees 3834 Park Lane SW Roanoke, VA 24015 Ilene N. Peters and Winfred Dale Peters, Jr. Trustees 3834 Park Lane SW Roanoke, VA 24015 Ilene N. Peters and Winfred Dale Peters, Jr. Trustees 3834 Park Lane SW Roanoke, VA 24015 Summertree Apartments LLC P. O. Box 2152 Roanoke, VA 24009 Edgehill Estates Apts LLC P. O. Box 2152 Roanoke, VA 24009 Edgehill Estates Apts LLC P. O. Box 2152 Roanoke, VA 24009 Edgehill Estates Apts LLC P. O. Box 2152 Roanoke, VA 24009 F:\USERS\CBaumgardner~.ONING\Lucas REZ APO 1.doc Page 2 of 2 Edward A. Natt Please reply to: P. O. Box 20487 Roanoke, VA 24018 Direct: (540) 725-8180 Fax: (540) 774-0961 E-mail: enatt@opnlaw.com LAw OFFIGES 0STERHOUDT, PRILLAMAN, NATT, HELSCHER, YOST, MAXWELL & FE}~GUSON, PLC 3140 GHAPARRAL DRIVE, SUITE 200-C ROANOICE, VIRGINIA 240[ 8-4,370 (~4o) 989-oooo F~K (540) 772-0120 February 3, 2005 Ms. Mar[ha Franklin Roanoke City Planning Department 166 Municipal Building 215 Chumh Avenue, SW Roanoke, VA 24011 Re: 739 Townside Road SW Tax Map No. 5490307 Dear Mar[ha: Enclosed please find the original and two copies of the Petition to Rezone with exhibits attached. Chris Chittum has reviewed the documents and given the "go ahead". Our firm's check in the amount of $1,000.00 is enclosed for the cost of filing. Should you have any questions or need anything further, please feel free to give me a call. Thanking you in advance for your attention to this matter, I am Very truly yours, OSTERHOUDT, PRILLAMAN, NATT, HEL-SCHER, YOST, MAXWELL & FERGUSON, P.L.C. EAN/csb Enclos..ur. es pc: g/Mary Parker, City Clerk 456 Municipal Bldg. 215 Church Avenue, SW Roanoke, VA 24011 Edward A. Natt pc: Mr. Gilbert Butler Edgehill Estates Apts LLC P. O. Box 2152 Roanoke, VA 24009 Mr. Mark S. Lucas Lucas Therapies, PC 3807 Brandon Avenue, Suite 100 Roanoke, VA 24018 Mr. Kirk Lumsden Lumsden Associates, P.C. P. O. Box 20669 Roanoke, VA 24018 MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, $.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@ci.roaaoke.va.us STEPHANIE M. MOON, CMC Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk April 20, 2005 File #514 Ernest R. Wood, Trustee Edgewood Holiness Church 5982 Twine Hollow Road Salem, Virginia 24153 Dear Mr. Wood: I am enclosing copy of Ordinance No. 37024-041805 vacating, discontinuing and closing that portion of a ten foot alley beginning at its intersection with Springfield Avenue, N. W., and extending in a southerly direction for approximately 124 feet. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, April 18, 2005, and is in full force and effect upon its passage. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Enclosure pc: Ms. Gladys V. Driscoll, 828 Peck Street, N. W., Roanoke, Virginia 24017 Mr. Donald L. Dodson, 825 Ward Street, N. W., Roanoke, Virginia 24017 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 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of Apr±l, 2005. No. 37024-061805. AN ORDINANCE permanently vacating, discontinuing and closing a certain public right-of- way in the City of Roanoke, Virginia, as more particularly described hereinafter; and dispensing with the second reading by title of this ordinance. WHEREAS, the Trustees of Edgewood Holiness Church ("applicant") filed an application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close the public right-of-way described hereinafter; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by {}30-14, Code of the City of Roanoke (1979), as amended, and after having conducted a public heating on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held on such application by the City Council on April 18, 2005, after due and timely notice thereof as required by §30-14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such application; WHEREAS, it appearing fi.om the foregoing that the land proprietors affected by the requested closing of the subject public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no inconvenience will result to any individual or to the public fi.om permanently vacating, discontinuing and closing such public right-of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: That portion ora ten foot alley beginning at its intersection with the southern side of Springfield Avenue, N.W., and running in a southerly direction for approximately 124 feet until the alley meets the southem boundary of Official Tax No. 6090411 be, and is hereby permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as the Council of the City of Roanoke is empowered so to do with respect to the closed portion of the right-of-way, reserving however, to the City of Roanoke and any utility company, including, specifically, without limitation, providers to or for the public of cable television, electricity, natural gas or telephone service, an easement for sewer and water mains, television cable, electric wires, gas lines, telephone lines, and related facilities that may now be located in or across such public right-of-way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above-described public right-of-way of any such municipal installation or other utility or facility by the owner thereof. BE IT FURTHER ORDAINED that the applicant shall submit to the Subdivision Agent, receive ail required approvals of, and record with the Clerk of the Cimuit Court for the City of Roanoke, a subdivision plat, with such plat combining all properties which would otherwise be landlocked by the requested closure, or otherwise disposing of the land within the right-of-way to be vacated in a manner consistent with law, and retaining appropriate easements, together with the right 2 of ingress and egress over the same, for the installation and maintenance of any and all existing utilities that may be located within the fight-of-way. BE IT FURTHER ORDAINED that closure of the subject fight-of-way is conditioned upon the applicant dedicating an approximate 225' x 10' right-of-way to the City of Roanoke and the City of Roanoke accepting such right-of-way, such right-of-way to nm along the entire southern side of Official Tax Map Number 6090712 and connecting Ward Street, N.W., with an existing unimproved alley along the western border of Official Tax Map Number 6090413, as requested in the applicant's petition filed with the City Clerk on February 1, 2005, such dedication to be effected and memorialized in the above-referenced subdivision plat. BE IT FURTHER ORDAINED that the applicant shall, upon meeting all other conditions to the granting of the application, deliver to the Clerk of the Cirouit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation where deeds are recorded in such Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the Petitioner, and the names of any other parties in interest who may so request, as Grantees, and pay such fees and charges as are required by the Clerk to effect such recordation. BE IT FURTHER ORDAINED that the applicant shall, upon a certified copy of this ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia, where deeds are recorded in such Clerk's Office, file with the City Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. BE IT FURTHER ORDAINED that if the above conditions have not been met within a period of twelve (12) months from the date of the adoption of this ordinance, then such ordinance shall be null and void with no further action by City Council being necessary. 3 BE IT FINALLY ORDAINED that pursuant to the provisions of Section 12 of the City Charier, the second reading of this ordinance by title is hereby dispensed with. 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 April 18, 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 Trustees of Edgewood Holiness Church, represented by Ernest R. Wood, Trustee, that a portion of a 10-foot alley beginning at its intersection with Springfield Avenue, N.W., and running in a southerly direction for approximately 124 feet, be permanently vacated, discontinued and closed. Planning Commission Action: Planning Commission public hearing was held on Thursday, March 17, 2005. By a vote of 7-0, the Commission recommends approval of the requested closure. Background: The petitioner currently has a building permit for a community hall on Official Tax Map Number 6090712 and has paid the Western Virginia Water Authority (WVWA) to install a sewer lateral. After meeting with City staff and staff from the WVWA, the latter advised that the petitioner's property could not achieve a gravity connection from the main sewer line on Springfield Avenue. Since the WVWA allows a lateral to serve only a single property, the petitioner was advised to either install a pump station or combine the two parcels to use the existing lateral serving Official Tax Map Number 6090411. The petitioner does not want to install a pump station and the WVWA advised that such was not the best long-term solution. The petitioner requests closure of a portion of an unimproved alley running north to south and in turn agrees to dedicate a like portion to the City, which runs east to west. Considerations: The petitioner's properties and all those in the surrounding blocks within the City are zoned RS-3, Residential Single-Family, High Density District. Land uses surrounding the petitioner's properties are predominantly single-family residential. Ward Street, N.W. is west of the petitioner's properties and its westernmost right-of-way demarcates the City's and the City of Salem's corporate limits. Staff received comments from AEP, Roanoke Gas Company and Verizon all of which had no objection to the closure. Staff received comments from the WVWA, who also stated no objection to the requested closure. The Department of Real Estate Valuation assessed the value of the subject alley as $3,405, based on RS-3 zoning at a rate of $1.52 per square foot. Staff did not receive any other comments in support of or ~n opposition to the requested closure. The petitioner has agreed to dedicate a 225' x 10' alley to the City as a condition of the vacation of the portion of alley between its two parcels. The dedicated alley will connect to the existing unimproved alley along what is now the southern border of Official Tax Map Number 6090712 and Ward Street, N.W. Due to the topography and the development pattern in the neighborhood, the unimproved alley is unlikely to be improved and/or used for City services. The dedication of an alley to replace the portion requested for closure, however, will ensure that any future use of the alley has adequate circulation. Recommendation: By a vote of 7-0, the Planning Commission recommends vacation of the right-of-way at no charge to the petitioner. The portion of alley to be vacated is roughly equivalent to the alley to be dedicated. The applicant shall submit a subdivision plat to the Agent for the Planning Commission, receive all required approvals of, and record the plat with the Clerk of the Circuit Court for the City of Roanoke. Said plat shall combine all properties which would otherwise dispose of the land within the right of way to be vacated in a manner CC: consistent with law, and retain appropriate easements for the installation and maintenance of any and all existing utilities that may be located within the right-of-way, including the right of ingress and egress. Said plat shall dedicate a 10' wide alley to the City extending from the existing alley and west along the southernmost border of Official Tax Map Number 6090712 to its terminus at Ward Street, N.W. Upon meeting all other conditions to the granting of the application, the applicant shall deliver a certified copy of this ordinance for recordation to the Clerk of the Circuit Court of Roanoke, Virginia, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the petitioner, and the names of any other parties in interest who may so request, as Grantees. The applicant shall pay such fees and charges as are required by the Clerk to effect such recordation. Upon recording a certified copy of this ordinance with the Clerk of the Circuit Court of the City of Roanoke, Virginia, the applicant shall file with the Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. Do If the above conditions have not been met within a period of one year from the date of adoption of this ordinance, then said ordinance shall be null and void with no further action by City Council being necessary. Respectfully submitted, Richard A. Rife, Chairman Roanoke City Planning Commission Darlene L. Burcham, City Manager Rolanda Russell, Assistant City Manager Steven J. Talevi, Assistant City Attorney Petitioner IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: ) Application of The Trustees of ) of Edgewood Holiness Church ) for the vacation of a portion of al 0' alley ) APPLICATION FOR VACATING, DISCONTINUING AND CLOSING OF A 10' ALLEY MEMBERS OF COUNCIL: The Trustees of Edgewood Holiness Church applies to have a ~ of a 10' unimproved alley, in the City of Roanoke, Virginia, permanently vacated, discontinued and closed, pursuant to Virginia Code Section 15.2-2006 and Section 30-14, Code of the City of Roanoke (1979), as amended. This unimproved 10' alley is more particularly described on the plat entitled "Ward Addtion" in P.B. 1-Pg. 243 attached, and shown on the attached map entitled "Proposed Alley Vacation" and as follows: Begining at the intersection of said alley and southern side of Springfield Avenue until the alley meets the southern boundary line of Tax#6090411 The Trustees of Edgewood Holiness Church stated that the grounds for this application are as follows: 1) They own both pieces of property that adjoin the proposed 124' portion of the alley that is to be vacated. 2) They dedicate a 225' long 10' wide stdp to the City so that the remainder of the al ey remains open. 3) The applicant desires to own the property so that Tax~ 6090712 and 6090411 can be joined and made one parcel of land. WHEREFORE, The Trustees of Edgewood Holiness Chumh respectfully requests that the above-described portion of the 10' unimproved Alley be vacated by the Council of the City of Roanoke, Virginia, in accordance with Virginia Code Section 15.2-2006 and Section 30-14, Code of the City of Roanoke (1979), as amended. Respectfully submitted Ernest R. Wood 5982 Twine Hollow Road, Salem 540-380-3049 Ernest R. Wood 2/1/05 For: The Trusteees of Edgewood Holiness Church ~1 /--2~x10' STI~P TO x ~ '//////////////////, ~/////////// //// I, L M W ~,.c. PROPOSED ALLEY VACATION CITY OF ROANOKE, VIRGINIA MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Vkginia 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 April 6, 2005 File #51 Ernest R..Wood, Trustee Edgewood Holiness Church 5982 Twine Hollow Road Salem, Virginia 24153 Dear Mr. Wood: 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, April 18, 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 Ernest R. Wood, Trustee of Edgewood Holiness Church, that a portion of a ten foot alley beginning at its intersection with Springfield Avenue, N. W., and extending in a southerly direction for approximately 124 feet, be permanently vacated, discontinued and closed. For your information, I am enclosing copy of a report of the City Planning Commission and a notice of public hearing. Questions with regard to the City Planning Commission report should be directed to the Department of Planning, Building and Development at 540-853-1730. It will be necessary for you, or your representative, to be present at the April 18 public hearing. Failure to appear could result in a deferral of the public hearing until a later date. MFP:ew Enclosure Parke~ C Mary F. t~, City Clerk K:~Public Hearings~Public Hearings 2005~Apr 05~Attorneys and Adjoining Property Owners.doc 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 April 6, 2005 File #514 Ms. Gladys V. Driscoll 828 Peck Street, N. W. Roanoke, Virginia 24017 Mr. Donald L. Dodson 825 Ward Street, N. W. Roanoke, Virginia 24017 Dear Ms. Driscoll and Mr. Dodson: 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, April 18, 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 Ernest R. Wood, Trustee of Edgewood Holiness Church, that a portion of a ten foot alley beginning at its intersection with Springfield Avenue, N. W., and extending in a southerly direction for approximately 124 feet, be permanently vacated, discontinued and closed. 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 request, please call the Department of Planning, Building and Development at 540-853-1730. Sincerely, Mary F. CMC City Clerk MFP:ew NOTICE OF PUBLIC HEARING BEFORE THE CITY OF ROANOKE PLANNING COMMISSION TO WHOM IT MAY CONCERN: The City of Roanoke Planning Commission will hoi~¥~:~J~!~!~ hearing on Thursday, March 17, 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 Trustees of Edgewood Holiness Church, represented by Ernest R. Wood, Trustee, that a portion of a 10 foot alley beginning at its intersection with Springfield Avenue, N.W., and running in a southerly direction for approximately 124 feet, be permanently vacated, discontinued and closed. 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: Please send Edgewood Holiness Church c/o Ernest R. Wood, Trustee 5982 Twine Hollow Road Salem, VA 24153 (540) 380-3049 affidavit of Publication to: Martha Frankin Planning Building and Development Room 166, Noel C. Taylor Municipal Building 215 Church Avenue, SW Roanoke, VA 24011 TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE ALLEY CLOSURE REQUEST OF: Edgewood Holiness Church for an alley off of Springfield ) Avenue,N.W. ) 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 17th day of February, 2005, notices of a public hearing to be held on the 17th day of March, 2005, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: Tax No. Name 6090411 Petitioner 6090712 6090714 Donald L. Dodson 6090413 Gladys V. Driscoll Mailing Address 825 Ward Street Roanoke, VA 24017 828 Peck Street, NW Roanoke, VA 24017 Also Mailed to: Robin Murphy Kelso, President, Edgewood-Morwanda; Janet and Ed Wooding ~ ~ ~ Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 17~h day of February, 2005. Nbtary Public My Commission Expires: The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times .................................................. + ........................ EDGEWOOD HOLINESS CHURCH 5982 TWINE HOLLOW ROAD C/O ERNEST R. WOOD, SALEM VA 24153 REFERENCE: 80127155 05596975 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 Virqinia. Sworn and subscribed before me this __~__~__ day of April 2005. Witness my hand and ~J~ ~ .__~~1~_ Notary ~_~blic PUBL!gHED ON: 04/01 04/08 TOTAL COST: 247.94 FILED ON: 04/08/05 Authorized Signature:_~'x2~'~___~ ............................ Billincj Services Repr~entative NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: The Council of the City of Roanoke will hold a Public Hearing on Monday, April 18, 2005, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., on an application to permanently abandon, vacate, discontinue and close, to the extent the City has any legal interest in said public right-of-way, the following public right-of-way: That portion of a ten foot alley beginning at its intersection with the southern side of Springfield Avenue, N.W., and running in a southerly direction for approximately 124 feet until the alley meets the southern boundary of Official Tax No. 6090411. 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, April 14, 2005. GIVEN under my hand this 29th day of l~arch ,2005. Mary F. Parker, City Clerk. K:/NOTICES/N- CLOSE-ST(S p RIN GFI ELD AVE)041805 DOC Notice to Publisher: Publish in the Roanoke Times once on Friday, April 1, 2005 and Friday, April 8, 2005. Send affidavit to: Mary F. Parker, City Clerk 215 Church Avenue, S. W. Roanoke, Virginia 24011 (540) 853-2541 Send bill to: Ernest R. Wood, Trustee Edgewood Holiness Church 5982 Twine Hallow Road Salem, Virginia 24153 (540) 380-3049 MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, V'~rgjnia 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 February 1,2005 File #514 Richard A. Rife, Chair City Planning Commission 1326 Grandin Road, S. W. Roanoke, Virginia 24015 Dear Mr. Rife: Pursuant to Section 30-14, Procedure for altering or vacating City streets or alleys; fees therefor, of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of an application received in the City Clerk's Office on January 31, 2005, from Ernest R. Wood, representing The Trustees of Edgewood Holiness Church, requesting that a portion of a lO-foot unimproved alley beginning at the intersection of said alley and the southern side of Springfield Avenue, N. W., until the alley meets the southern boundary line of Official Tax No. 6090411, be permanently vacated, discontinued and closed. Mary F. Parker, CMC City Clerk MFP:ew Enclosures Richard A. Rife February 1, 2005 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council Mr. Ernest R. Wood, 5982 Twine Hollow Road, Salem, Virginia 24153 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 J. Frederick Gusler, City Planner II IN THE COUNCIL Of THE CITY Of ROANOKE, VIRGINIA IN RE: ) Application of The Trustees of ) of Edgewood Holiness Church ) for the vacation of a portion of al0' alley ) APPLICATION FOR VACATING, DISCONTINUING AND CLOSING OF A 10' ALLEY MEMBERS OFCOUNCIL: The Trustees of Edgewood Holiness Church applies to have a podJon of a 10' unimproved alley, in the City of Roanoke, Virginia, permanently vacated, discontinued and closed, pursuant to Virginia Code Section 15.2-2006 and Section 30-14, Code of the City of Roanoke (1979), as amended. This unimproved 10' alley is more particularly described on the plat entitled "Ward Addtion" in P.B. 1-Pg. 243 attached, and shown on the attached map entitled "Proposed Alley Vacation" and as follows: Begining at the intersection of said alley and southern side of Springfield Avenue until the alley meets the southern boundary line of Tax#6090411 The Trustees of Edgewood Holiness Church stated that the grounds for this application are as follows: 1) They own both pieces of property that adjoin the proposed 124' portion of the alley that is to be vacated. 2) They dedicate a 225' long 10' wide strip to the City so that the remainder of the a ey remains open. 3) The applicant desires to own the property so that Tax~ 6090712 and 609041 can be joined and made one parcel of land. WHEREFORE, The Trustees of Edgewood Holiness Chumh respectfully requests that the above-described portion of the 10' unimproved Alley be vacated by the Council of the City of Roanoke, Virginia, in accordance with Virginia Code Section 15.2-2006 and Section 30-14, Code of the City of Roanoke (1979), as amended. Respectfully submitted Ernest R. Wood 5982 Twine Hollow Road, Salem 540-380-3049 Ernest R. Wood 2/1/05 For: The Trusteees of Edgewood Holiness Church fo) :o) 2PRINGFIELD AVENUE NV/ LOT 5A R/W L M W ~,.c. ~o~ ,,,.__.,.~,,~.,~.. PROPOSED ALLEY VACATION ~_~,..,.~,,~ ..: ,,.,o.~.,~.,~,, CITY OF ROANOKE, VIRGINIA [Tax Number ~ Legal Description Owner Name 6090411 5114 SPRINGFIELD AV NW L OT11 EDGEWOOD TRS EDGEWOOD HOLINESS CHURCH N/A 5982 TWINE HOLLOW RD SALEM VA 24153 _ .... ...........L . ¼ .'~.~T~ax N um be~"~<~ Pro e Address . ~ ~ , ~er 2 Name ~ner Address 5090712 5122 SPRINGFIELD AV NW EDGEWOOD HOLINESS CHURCH N/A 5952 TWIN HOLLOW RD SALEM VA 24153 Tax Number Pro Address L al Descd tion Owner Name 025 WARD ST NW LOT 9 WARD ADD ~ DODSON DONALD L N/A i: B25 WARD ST NW ROANOKE VA 24017 ~ ~ '~ Tax Number L Owner Name Owner Address 6090413 828 PECK ST NW PT LOT 11 EDGEWOOD DRISCOLL GLAD¥S V N/A 828 PECK ST NW ROANOKE VA 24017 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.roanok¢.va.us STEPHANIE M. MOON, CMC Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk April 20, 2005 File #51 C. Cooper Youell, IV, Attorney Gentry Locke, Rakes & Moore P. O. Box 40013 Roanoke, Virginia 24022-0013 Dear Mr. Youelh I am enclosing copy of Ordinance No. 37025-041805 amending proffered conditions on property located at 3806 Thirlane Road, N. W., identified as Official Tax No. 6520105, as set forth in Ordinance No. 35071-100200, and that such property be zoned LM, Light Manufacturing District, with proffers as set forth in the Petition to Amend Proffers filed in the City Clerk's Office on February 3, 2005. The abovereferenced measure was adopted bythe Council of the City of Roanoke at a regular meeting which was held on Monday, April 18, 2005, and is in full force and effect upon its passage. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Enclosure C. Cooper Youell, IV, Attorney April 20, 2005 Page 2 pc: Mr. and Mrs. Clive E. Rice, 3906 Thirlane Road, N. W., Roanoke, Virginia 24019 Mr. Calvin Powers, P. O. Box 12068, Roanoke, Virginia 24018 Mr. Kenneth Kayser, 1202 Corporate Circle, Roanoke, Virginia 24018 BT Property, LLLC (UPS), P. O. Box 28606, Atlanta, Georgia 30358 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, :~326 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 18th day of April, 2005. No. 37025-041805. AN ORDINANCE to amend {}{}36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 652, Sectional 1976 Zone Map, City of Roanoke, in order to amend certain conditions presently binding upon certain property previously conditionally zoned LM, Light Manufacturing District; and dispensing with the second reading by title of this ordinance. WHEREAS, Crawford Development Co., LLC, has made application to the Council of the City of Roanoke to amend certain conditions presently binding upon a tract of land located at 3806 Thirlane Road, N.W., being designated as Official Tax No. 6520105, which property was previously rezoned LM, Light Manufacturing District, with proffers, by the adoption of Ordinance No. 35071- 100200, adopted October 2, 2000; WHEREAS, Crawford Development Co., LLC, seeks to have the subject property zoned LM, Light Manufacturing District, with proffers amended from those accepted by City Council in Ordinance No. 35071-100200, adopted October 2, 2000; 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 heating was held by City Council on such application at its meeting on April 18, 2005, after due and timely notice thereof as required by {}36.1-693, Code of the City of Roanoke (1979), as amended, at which heating all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed amendment; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at thc public hearing, is of the opinion that the conditions now binding upon a tract of land located at 3806 Thirlane Road, N.W., being designated as Official Tax No. 6520105, pursuant to the adoption of Ordinance No. 35071-100200, adopted October 2, 2000, should be amended, and that such property be zoned LM, Light Manufacturing District, with proffers as set forth in the Petition to Amend Proffers filed in the City Clerk's Office on Febmac/3, 2005. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Sections 36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 652 of the Sectional 1976 Zone Map, City of Roanoke, be amended to reflect the changes in proffered conditions as shown in thc Petition to Amend Proffers filed in the City Clerk's Office on February 3, 2005, and as set forth in the report of the Planning Commission dated April 18, 2005, so that thc subject property is zoned LM, Light Manufacturing District, with such proffers. 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. CITY OF ROANOKE PLANNING BUILDING AND DEVELOPMENT 215 Church Avenue, S.W., Ro~m 166 Roanoke, Virginia 24011 Telephone: (540) 853-1730 Fax: (540) 853-1230 E-mail: planning @ ci.roanoke.va.us April18,2005 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 Crawford Development Co., LLC, represented by C. Cooper Youell, IV, attorney, to amend proffered conditions on property located at 3806 Thirlane Road, identified as Official Tax No. 6520105. Planning Commission Action: Planning Commission public hearing was held on Thursday, March 17, 2005. By a vote of 5-0-2 (Messrs. Butler and Rife abstaining), the Commission recommended approval of the request. Background: Crawford Development, LLC, filed a petition on February 3, 2005, to amend the proffered conditions on the subject property. The property was rezoned on October 2, 2000, from RA, Residential Agricultural District, to LM, Light Manufacturing District, subject to certain proffered conditions. Condition #3 specifies that, "Either two, three or four buildings shall be constructed on the subject property and they shall provide at least 40,000 square feet of usable, interior commercial or light manufacturing space. Permanent certificates of occupancy shall be issued for at least two of the buildings within five (5) years of the acceptance of these proffers by City Council." The proposed amendment is to modify condition #3 to extend this time period by two years. Considerations: The five-year time limit will expire on October 2, 2005. The first building has been completed and has a Certificate of Occupancy. The petitioner has filed plans for the second building and has applied for a building permit, but construction has not commenced. The petitioner is uncertain that the second building will have a certificate of occupancy issued by the expiration of the five year time period. To avoid violation of the proffered conditions, the petitioner has requested a two-year extension. The only effect of the proposed amendment is to extend the time frame allowed to complete the second building. The other proffered conditions from the October 2, 2000, rezoning remain unchanged. Recommendation: By a vote of 5-0-2, the Commission recommends City Council approve the petition to amend the proffered conditions to extend the time period to seven (7) years from October 2, 2000. 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 C. Cooper Youell, IV, Attorney for the Petitioner 2 0 ~0 PETITION TO AMEND PROFFERED CONDITIONS IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA Amendment of Proffered Conditions in connection with a tract of land lying east ofi~581, located at 3806 Thirlane Road and designated as Tax Map No. 6520105 TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: By Ordinance No. 35071-100200, at the request of Azile S. Delpierre, represented at the time by Robert C. Crawford, Jr. of Crawford Development Co., LLC, City Council rezoned the property identified as Tax Map No. 6520105 from RA, Residential Agricultural District, to LM, Light Manufacturing District, with proffered conditions. A map of the property is attached hereto as Exhibit 1. The Petitioner, Crawford Development Co., LLC, owns said land in the City of Roanoke and requests that the conditions relating to said property be amended as hereinafter set out. The Petitioner believes that the subject amendment will allow for the development of the subject property in furtherance of the intent and purposes of the City Zoning Ordinance and its Comprehensive Plan. The Petitioner hereby requests that the following proffers enacted by Ordinance No. 6520107 be amended: The face of the first floor of the buildings constructed on the subject property will be built in substantial conformity with the elevations dated June 27, 2000, prepared by Rife + Wood, as shown on Exhibit A attached hereto. The sides of the buildings will be brick and the rear of each of the buildings will be either brick or painted split block matching the color of the brick. The subject property shall only be used for laboratories and testing facilities not accessory to a specific use including photographic laboratories, industrial testing facilities and similar uses; general storage and warehousing establishments engaged in the storage of miscellaneous merchandise not for sale on the same premises; establishments engaged in the wholesale distribution of goods; manufacturing establishments primarily engaged in the manufacture, assembly, mixing, processing 18008/1/1235443.1 or other processes related to the creation of new products and including as an accessory use, the retail sale of goods manufactured on the premises, where such manufacturing, assembly, mixing, processing or other processes related to the creation of new products, and retail sales of goods manufactured on the premises, are wholly enclosed in a building; general service establishments primarily engaged in the repair or maintenance of goods or items including automobiles, tracks, construction equipment and the provision of business services provided all repair and maintenance activities are wholly enclosed in a building and provided that the gross floor area of all new buildings for such uses is not less than five thousand (5,000) square feet; or, upon the granting ora special exception by the Roanoke City Board of Zoning Appeals, general and professional offices, including financial institutions provided the gross floor area of such use exceeds twenty thousand (20,000) square feet. Either two, three or four buildings shall be constructed on the subject property and they shall provide at least 40,000 square feet of usable, interior commercial or light manufacturing space. Permanent certificates of occupancy shall be issued for at least two of the buildings within five (5) years of the acceptance of these proffers by City Council. Upon completion of the construction of the first building on the subject property and before a certificate of occupancy, either temporary or permanent, is issued for that building, a buffer shall be planted and maintained on the subject property. The buffer shall be located on the southern boundary of the subject property, beginning approximately 125 feet from the southeast comer and running parallel with 1-581 for 300 feet, and shall consist of two parallel rows, five feet apart, of cypress trees at least 8' in height, within a 15' wide strip. The two rows shall be staggered so as to provide a maximum density screen of live trees. All planting shall be properly maintained and replaced as necessary. The Petitioner hereby requests that the following proffered conditions be substituted and adopted for those existing proffers delineated above: The face of the first floor of the buildings constructed on the subject property will be built in substantial conformity with the elevations dated June 27, 2000, prepared by Rife + Wood, as shown on Exhibit A attached heretol The sides of the buildings will be brick and the rear of each of the buildings will be either brick or painted split block matching the color of the brick. The subject property shall only be used for laboratories and testing facilities not accessory to a specific use including photographic laboratories, industrial testing facilities and similar uses; general storage and warehousing establishments engaged in the storage of miscellaneous merchandise not for sale on the same premises; establishments engaged in the wholesale distribution of goods; manufacturing establishments primarily engaged in the manufacture, assembly, mixing, processing 18008/1/1235443.1 2 or other processes related to the creation of new products and including as an accessory use, the retail sale of goods manufactured on the premises, where such manufacturing, assembly, mixing, processing or other processes related to the creation of new products, and retail sales of goods manufactured on the premises, are wholly enclosed in a building; general service establishments primarily engaged in the repair or maintenance of goods or items including automobiles, tracks, construction equipment and the provision of business services provided all repair and maintenance activities are wholly enclosed in a building and provided that the gross floor area of all new buildings for such uses is not less than five thousand (5,000) square feet; or, upon the granting of a special exception by the Roanoke City Board of Zoning Appeals, general and professional offices, including financial institutions provided the gross floor area of such use exceeds twenty thousand (20,000) square feet. Either two, three or four buildings shall be constructed on the subject property and they shall provide at least 40,000 square feet of usable, interior commercial or light manufacturing space. Permanent certificates of occupancy shall be issued for at least two of the buildings within seven (7) years of the acceptance of these proffers by City Council. Upon completion of the construction of the first building on the subject property and before a certificate of occupancy, either temporary or permanent, is issued for that building, a buffer shall be planted and maintained on the subject property. The buffer shall be located on the southern boundary of the subject property, beginning approximately 125 feet from the southeast comer and running parallel with 1-581 for 300 feet, and shall consist of two parallel rows, five feet apart, of cypress trees at least 8' in height, within a 15' wide strip. The two rows shall be staggered so as to provide a maximum density screen of live trees. All planting shall be properly maintained and replaced as necessary. Attached as Exhibit 2 are the names, addresses and tax numbers of the owner or owners of all lots or property immediately adjacent to and immediately across a street or road from the subject property. WHEREFORE, the Petitioner requests that the above-described amended proffers be approved as herein set out in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. 18008/1/1235443.1 3 Respectfully submitted this '~ day of February, 2005. Respectfully submitted, CRAWFORD DEVELOPMENT CO., LLC Crawford Development Co., LLC c/o Robert C. Crawford, Jr. 2217 Crystal Spring Avenue SW, Suite 201 Roanoke, VA 24014-2434 Tel. (540) 527-1240 180o8/1/1235443.1 4 EXHIBIT 1 9.5 Ac BM EXHIBIT 2 LISTING OF ADJOINING PROPERTY OWNERS Official Tax No. Name(s) Mailing Address 6520104 6520106 6520101 6520107 Clive E. & Betty A. Rice Kenneth Kayser Calvin Powers BT Property, LLC (UPS) 3906 Thirlane Rd. Roanoke, VA 24019 1202 Corporate Circle Roanoke, VA 24018 P.O. Box 12068 Roanoke, VA 24022 P.O. Box 28606 Atlanta, GA 30358 18008/1/1236990.1 The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times ............................................... GENTRY, LOCKE, RAKES ATTN: C. COOPER YOUELL, PO BOX 40013 ROANOKE VA 24038 IV, ESQUIRE REFERENCE: 80036492 05596979 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 Vir~n~. Sworn and subscribed before me this ~T/--'~' ~1Of~ $~a - April 2005. Witness my hand and ___[~__~_~~'~ot a ry Public My ~ ommi s ~--~_~*~_~~_~_~_ . PUBLISHED ON: 04/01 04/08 TOTAL COST: 227.70 FILED ON: 04/08/05 Authorized Signature: Billing Services ep~'~sentative 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, April 18, 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 of amending proffered conditions presently binding upon a tract of land located at 3806 Thirlane Road, N.W., and designated as Official Tax No. 6520105, as set forth in Ordinance No. 35071-100200, adopted October 2, 2000. 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, April 14, 2005. GIVEN under my hand this 291:h day of l'larch ., 2005. Mary F. Parker, City Clerk. K/NOTICES/N AP 3806 THIRLANE RD DOC Notice to Publisher: Publish in the Roanoke Times once on Friday, April 1, 2005 and Friday, April 8, 2005. Send affidavit to: Mary F. Parker, City Clerk 215 Church Avenue, S. W. Roanoke, Virginia 24011 (540) 853-2541 Send bill to: C. Cooper Youell, IV, Esquire Gentry Locke Rakes & Moore P. O. Box 40013 Roanoke, Virginia 24022-0013 (540) 983-9300 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-maih clerk @ci.roanoke.va.us STEPHANIE M. MOON, CMC Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk April 6, 2005 File #51 C. Cooper Youell, IV, Attorney Gentry Locke, Rakes & Moore P. O. Box 40013 Roanoke, Virginia 24022-0013 Dear Mr. Youelh 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, April 18, 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 Crawford Development Co., LLC, to amend proffered conditions on property located at 3806 Thirlane Road, N. W., identified as Official Tax No. 6520105, as set forth in Ordinance No. 35071-100200. For your information, I am enclosing copy of a report of the City Planning Commission and a notice of public hearing. Questions with regard to City Planning Commission report should be directed to the Department of Planning, Building and Development at 540-853-1730. It will be necessary for you, or your representative, to be present at the April 18 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 C. NELSON HARRIS Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 CHURCH AVENUE, S.W., ROOM 452 ROANOKE, VIRGINIA 24011-1594 TELEPHONE: (540) 853-2444 FAX: (540) 853-1145 April 6, 2005 File #51 Mr. and Mrs. Clive E. Rice 3906 Thirlane Road, N. W. Roanoke, Virginia 24019 Mr. Calvin Powers P. O. Box 12068 Roanoke, Virginia 24018 Mr. Kenneth Kayser 1202 Corporate Circle Roanoke, Virginia 24018 BT Property, LLLC (UPS) P. O. Box 28606 Atlanta, Georgia 30358 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, April 18, 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 ofC. CooperYouell, lV, Attorney, representing Crawford Development Co., LLC, to amend proffered conditions on property located at 3806 Thirlane Road, N. W. identified as Official Tax No. 6520105, as set forth in Ordinance No. 35071-100200. The City Planning Commission is recommending that Council approve the above referenced request. 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. 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. Sincerely,~Par~ker C~M.C~i~...' Mary F. , City Clerk MFP:ew MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, ~rtrginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@ci.roanoke.va.us February 4, 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 petition received in the City Clerk's Office on February 3, 2005, from C. Cooper Youell, IV, Attorney, representing Crawford Development Co., LLC, requesting amendment of proffered conditions as set forth in Ordinance No. 35071-100200 adopted by the Council on Monday, October 2, 2000, in connection with the rezoning of a tract of land located at 3806 Thirlane Road, N. W., identified as Official Tax No. 6520105, from RA, Residential Agricultural District, to LM, Light Manufacturing District, with proffered conditions. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Enclosures pc: The Honorable Mayor and Members of the Roanoke City Council C. Cooper Youell, IV, Gentry Locke, Rakes & Moore, P. O. Box 40013, Roanoke, Virginia 24022-0013 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 GENTRY LOCKE RAKES & M@RE A Limited Liability Partnership Direct Dial: (540) 98%9409 e-mail: cooper_vouell~gent~locke,com February 3, 2004 HAND DELIVERY Mary F. Parker Clerk City of Roanoke 215 Church Avenue, S.W. Roanoke, VA 24011 Re: Petition to Amend Proffered Conditions by Crawford Development Co., L.L.C. - Real property located at 3806 Thirlane Road, City of Roanoke, and designated as Tax Map No. 6520105 Dear Ms. Parker: Please find enclosed the Petition to Amend Proffered Conditions executed by our client, Crawford Development Co., L.L.C., along with a check made payable to the Treasurer, City of Roanoke in the amount of $500 to cover the filing fee. The sole change to the existing proffers is set forth in bold type. We ask that copies of Petition be circulated to the necessary parties. Thank you for your assistance in this matter. If you have any questions, please give me a call at 983-9409. CCY:slg Enclosures CCi Very truly yours, GENTRY LOCKE RAKES & MOORE C. Cooper Youell, IV Robert C. Crawford, Jr. (w/encl.) G. Michael Pace, Jr., Esq. (w/encl.) 18008/1/1238020.1 NOTICE OF PUBLIC HEARING BEFORE THE CITY OF ROANOKE PLANNING COMMISSION TO WHOM IT MAY CONCERN: The City of Roanoke Plar~lt~i~i~i~i~t~ hold a public hearing on Thursday, March 17, 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 Crawford Development Co., LLC, to repeal all proffered conditions on property bearing Official Tax No. 6520105, located at 3806 Thirlane Road, N.W., and replace with new proffered conditions. 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 print in newspaper on Tuesday, March 1 and 8, 2005 Please bill: C. Cooper Youell, IV Gentry Locke Rakes & Moore P O Box 40013 Roanoke, VA 24022-0013 (540) 983-9400 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) 853-1730 TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE AMENDMENT OF PROFFERS REQUEST OF: Crawford Development Co., LLC, 3806 Thirlane Road, NW Tax No. 6520105 COMMONWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) ) )AFFIDAVIT The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.2-2204, 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 17th day of February, 2005, notices of a public hearing to be held on the 17th day of March, 2005, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: Tax No. Name Address 6520104 Clive and Betty Rice 3906 Thidane Road Roanoke, VA 24019 6520106 Kenneth Kayser 1202 Corporate Circle Roanoke, VA 24018 6520101 Calvin Powers P O Box12068 Roanoke, VA 24022 6520107 BT Prope~y, LLC P O Box 28606 Atlanta, GA 30358 Madha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 17th day of February, 2005. Notary Public My Commission Expires: o'~/-~//07 MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Xr~rginJa 24011 - 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk @ ci.roanoke.va.us April 20, 2005 File #79 STEPHANIE M. MOON, CMC Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk Jennifer Blackwood, Interim Executive Director The Scott Robertson Memorial P. O. Box 33 Roanoke, Virginia 24002 Dear Ms. Blackwood: I am enclosing two certified copies of Ordinance No. 37026-041805 exempting from real estate taxation certain property located in the City of Roanoke at 3707 Densmore Road, N. W., Official Tax No. 2670906, owned by The Scott Robertson Memorial Fund, an organization devoted exclusively to charitable or benevolent purposes on a non-profit basis, effective July 1, 2005, if by such time a copy, duly executed by an authorized Officer of the Applicant has been filed with the City Clerk, and dispensing with the second reading by title of the ordinance. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, April 18, 2005. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Enclosure pc: Darlene L. Burcham, City Manager The Honorable Sherman A. Holland, Commissioner of the Revenue The Honorable Evelyn W. Powers, City Treasurer William M. Hackworth, City Attorney Susan S. Lower, Director, Real Estate Valuation Vickie Tregubov, Budget Management Analyst, Office of Management and Budget FN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of April, 2005. No. 37026-0a1805. AN ORDINANCE exempting from real estate taxation certain property located in the City of Roanoke of the Scott Robertson Memorial Fund, an organization devoted exclusively to charitable or benevolent purposes on a non-profit basis; providing for an effective date; and dispensing with the second reading by title of this ordinance. WHEREAS, the Scott Robertson Memorial Fund (hereinafter called the "Applicant"), has petitioned this Council to exempt certain real property of the Applicant from taxation pursuant to Article X, Section 6(a)(6) of the Constitution of Virginia; WHEREAS, a public hearing at which all citizens had an opportunity to be heard with respect to the Applicant's petition was held by Council on April 18, 2005; WHEREAS, the provisions of subsection B of Section 58.1-3651, Code of Virginia (1950), as amended, have been examined and considered by the Council; WHEREAS, the Applicant agrees that the real property to be exempt from taxation is certain real estate, including the land and any building located thereon, identified by Roanoke City Tax Map No. 2670906, commonly known as 3707 Densmore Road, N.W., (the "Property"), and owned by the Applicant, and providing that the Property shall be used by the Applicant exclusively for charitable or benevolent purposes on a non-profit basis; and K:~vlEASURES\o-taxEXEM~TIONSCOTrROBERTSONMEMORIALFUND.FINAL-d°c WHEREAS, in consideration of Council's adoption of this Ordinance, the Applicant has voluntarily agreed to pay each year a service charge in an amount equal to twenty percent (20%) of the City of Roanoke's real estate tax levy, which would be applicable to the Property were the Property not exempt from such taxation, for so long as the Property is exempted from such taxation; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Council classifies and designates the Scott Robertson Memorial Fund as a charitable or benevolent organization within the context of Section 6(a)(6) of Article X of the Constitution of Virginia, and hereby exempts from real estate taxation certain real estate, including the land and any building located thereon, identified by Roanoke City Tax Map No. 2670906, commonly known as 3707 Densmore Road, N.W., and owned by the Applicant, which property is used exclusively for charitable or benevolent purposes on a non-profit basis; continuance of this exemption shall be contingent on the continued use of the property in accordance with the purposes which the Applicant has designated in this Ordinance. 2. In consideration of Council's adoption of this Ordinance, the Applicant agrees to pay to the City of Roanoke on or before October 5 of each year a service charge in an amount equal to twenty (20%) percent of the City of Roanoke's real estate tax levy which would be applicable to the Property, were the Property not exempt from such taxation, for so long as the Property is exempted from such taxation. K:WiEASLrR.ESko_taxEXEMPTIONSCOTTROBERTSONMEMORIALFLIND.FINAL.doc 3. This Ordinance shall be in full force and effect on July 1,2005, if by such time a copy, duly executed by an authorized officer of the Applicant, has been filed with the City Clerk. 4. The City Clerk is directed to forward an attested copy of this Ordinance, after it is properly executed by the Applicant, to the Commissioner of the Revenue and the City Treasurer for purposes of assessment and collection, respectively, of the service charge established by this Ordinance, and to Jennifer Blackwood, Interim Executive Director of the Scott Robertson Memorial Fund. 5. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. ACCEPTED, AGREED TO AND EXECUTED by the Scott Robertson Memorial Fund, this day of ,2005. THE SCOTT ROBERTSON MEMORIAL FUND By (SEAL) Interim Executive Director K:'uMEASLIRES\o-taxEXEM~TIONSCO'I'I'KOBERTSONMEMORIALFLrND.FINAL'd°c 1N THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of April, 2005. No. 37026-041805. AN ORDINANCE exempting from real estate taxation certain property located in the City of Roanoke of the Scott Robertson Memorial Fund, an organization devoted exclusively to charitable or benevolent purposes on a non-profit basis; providing for an effective date; and dispensing with the second reading by title of this ordinance. WHEREAS, the Scott Robertson Memorial Fund (hereinafter called the "Applicant"), has petitioned this Council to exempt certain real property of the Applicant from taxation pursuant to Article X, Section 6(a)(6) of the Constitution of Virginia; WHEREAS, a public hearing at which all citizens had an opportunity to be heard with respect to the Applicant's petition was held by Council on April 18, 2005; WHEREAS, the provisions of subsection B of Section 58.1-3651, Code of Virginia (1950), as amended, have been examined and considered by the Council; WHEREAS, the Applicant agrees that the real property to be exempt from taxation is certain real estate, including the land and any building located thereon, identified by Roanoke City Tax Map No. 2670906, commonly known as 3707 Densmore Road, N.W., (the "Property"), and owned by the Applicant, and providing that the Property shall be used by the Applicant exclusively for charitable or benevolent purposes on a non-profit basis; and K:~IEASURES\o-taxEXEMPTIONSCOTTROBERTSONMEMORIALFUND.FINAL'd°c WHEREAS, in consideration of Council's adoption of this Ordinance, the Applicant has voluntarily agreed to pay each year a service charge in an amount equal to twenty pement (20%) of the City of Roanoke's real estate tax levy, which would be applicable to the Property were the Property not exempt from such taxation, for so long as the Property is exempted from such taxation; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Council classifies and designates the Scott Robertson Memorial Fund as a charitable or benevolent organization within the context of Section 6(a)(6) of Article X of the Constitution of Virginia, and hereby exempts from real estate taxation certain real estate, including the land and any building located thereon, identified by Roanoke City Tax Map No. 2670906, commonly known as 3707 Densmore Road, N.W., and owned by the Applicant, which property is used exclusively for charitable or benevolent purposes on a non-profit basis; continuance of this exemption shall be contingent on the continued use of the property in accordance with the purposes which the Applicant has designated in this Ordinance. 2. In consideration of Council's adoption of this Ordinance, the Applicant agrees to pay to the City of Roanoke on or before October 5 of each year a service charge in an amount equal to twenty (20%) percent of the City of Roanoke's real estate tax levy which would be applicable to the Property, were the Property not exempt from such taxation, for so long as the Property is exempted from such taxation. K:hMEASURES\o-taxEXEMPTIONSCOTTROBERTSONMEMORIALFUND-FINAL.d°c 3. This Ordinance shall be in full force and effect on July 1,2005, if by such time a copy, duly executed by an authorized officer of the Applicant, has been filed with the City Clerk. 4. The City Clerk is directed to forward an attested copy of this Ordinance, after it is properly executed by the Applicant, to the Commissioner of the Revenue and the City Treasurer for purposes of assessment and collection, respectively, of the service charge established by this Ordinance, and to Jennifer Blackwood, Interim Executive Director of the Scott Robertson Memorial Fund. 5. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. ACCEPTED, AGREED TO AND EXECUTED by the Scott Robertson Memorial Fund, this ~ day o ~ ,2005. THE SCOTT ROBERTSON MEMORIAL FUND 'V~ '- In,rim Executive Director K:WIEASURES\o-taxEXEMPTIONSCOTTROBERTSONMEMORIALFUND'F1NAL'd°c CITY OF ROANOKE OFFICE OF THE C1TY 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 April 18, 2005 Honorable C. Nelson Harris, Mayor Honorable, Beverly T. Fitzpatrick, Jr., Vice Mayor Honorable M. Rupert Cutler Council Member Honorable Alfred T. Dowe, Jr., Counci Member Honorable, Sherman P. Lea, Council Member Honorable Brenda L. McDaniel, Council Member Honorable Brian J. Wishneff, Council Member Subject: Tax Exemption Request from the Scott Robertson Memorial Fund Dear Mayor Harris and Members of City Council: Background: The Scott Robertson Memorial Fund, owns the property known as Tax Map # 2670906, located at 3707 Densmore Road, NW, Roanoke. The primary purpose of the Scott Robertson Memorial Fund is to operate a chapter of The First Tee of Roanoke Valley, a national not-for-profit youth development program. Designed for youth ages 8 to 18, The First Tee is dedicated to providing young people of all backgrounds an opportunity to develop, through golf and character education, life-enhancing values such as honesty, integrity and sportsmanship. Annual taxes due for Fiscal Year 2004-2005 on the parcel noted above are $885.72 on an assessed value of $73,200. Considerations: On May 19, 2003, City Council approved a revised policy and procedure in connection with requests from non-profit organizations for tax exemption of certain property in the City by Resolution 36331-051903, adopting the revised Process for Determination of Property Tax Exemption dated May 19, 2003, with an effective date of January 1,2003. The Scott Robertson Memorial Fund has provided the necessary information required as a result of the adjustments made to our revised local policy prior to the deadline of April 15, 2005, the deadline for applications for exemptions that would take effect July 1,2005. Honorable Mayor and Members of Council April 18, 2005 Page 2 According to the Commissioner of the Revenue's Office, the loss of revenue to the City will be $708.58 after a twenty percent service charge is levied by the City in lieu of real estate taxes. This service charge will be $177.14. Commissioner of the Revenue, Sherman Holland, has determined the organization is currently not exempt from paying real estate taxes on the property known as Tax Map # 2670906 by classification or designation under the Code of Virginia. The IRS recognizes it as a 501 (c) 3 tax-exempt organization. Notification of a public hearing to be held April 18, 2005, was duly advertised in the Roanoke Times. Recommended Action: Authorize the Scott Robertson Memorial Fund exemption from real estate property taxation pursuant to Article X, Section 6 (a) 6 of the Constitution of Virginia, effective July 1,2005, for the property known as Tax Map #2670906, located at 3707 Densmore Road, NW, Roanoke, if the organization agrees to pay the subject service charge by that date. Respectfully submitted, Darlene L. I~rcham City Manager DLB/vst Attachments C: Honorable Sherman A. Holland, Commissioner of the Revenue Honorable Evelyn W. Powers, City Treasurer Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Susan S. Lower, Director of Real Estate Valuation Brian Townsend, Acting Director of Economic Development Sherman M. 5tovall, Director of Management and Budget Ms. Jennifer Blackwood, Interim Executive Director, Scott Memorial Fund, P.O. Box 33, Roanoke, Virginia 24002 Robertson CM05-00040 Virginia: In the Council of the City of Roanoke RE: Petition for Exemption from Taxation of Certam Property Pursuantto Article X, Section 6(a) (6) of the Constitution of Virginia To the Honorable Mayor and Members of Council of the City of Roanoke: la. Your petitioner, The Scott Robertson Memorial Fund, a Virginia, non-stock, not for profit corporation owns certain real property, located at 3707 Densmore Road, NW, in the City of Roanoke, which property is City of Roanoke Tax Map ID # 2670906, with a total assessed value of $80,300 and a total of $ 885.72 in real property taxes that were paid or would have been paid in the most recent year, desires to be an organization designated pursuant to the provisions of Sec. 58.1-3651, of the Code of Virginia, as amended, in order that the referenced real property, to be used exclusively for charitable and benevolent purposes in operating a chapter of The First Tee - a national not-for profit youth development program - on the Densmore Road property. Designed for youth ages 8 to 18, The First Tee is dedicated to providing young people of all backgrounds an opportunity to develop, through golf and character education, life-enhancing values such as honesty, integrity and sportsmanship. Not only is golf the sport ora lifetime but in many ways it is a lesson in life. We beheve that Thc First Tee program will help us teach children lessons that lay the foundation needed to meet the many challenges of life. Be exempt from taxation under the provisions of Article X, Section 6 (a)(6) of thc Constituhon of Virginia so long as your Petitioner is operated not for profit and the property so exempted is used in accordance with the purpose for which the Petitioner is classified. Your Petitioner agrees to pay the City of Roanoke an annual service charge in an amount equal to 20% of the City of Roanoke tax levy, which would be applicable to this real estate, were our organization not tax exempt, for as long as this exemption continues. Your Petitioner, if located within a service district, agrees to pay to the City of Roanoke an annual service charge equal to the additional service district tax that would be levied for as long as this exemption continues. Your Petitioner agrees to provide information to the Director of Real Estate Valuation upon request to allow a triennial review of the tax-exempt status of your Petitioner. The following questions are submitted for consideration: Question: Whether the organization is exempt from taxation pursuant to Section 501 © of the Internal Revenue Code of 1954. Answer: The Scott Robertson Memorial Fund was granted exemption from taxation pursuant to Section 501 © of the Internal Revenue Code on March 25, 1985. Question: Whether a current alcoholic beverage license for serving alcoholic beverages has been issued by the Alcohol Beverage Control Board to such organization for use on such property? Answer: NO Question: Whether any director, officer, or employee of the organization has been paid compensation in excess of a reasonable allowance for salaries or other compensation for personal services which such director, officer or employee actually renders? Answer: NO Question: Whether any part of the net earnings of such organization inures to the benefit of any individual, and whether any significant portion of the service provided by such organization is generated by funds received from donations, contributions, or government grants? Answer: NO Question: Whether the organization provides services for the common good of the pubhc. Answer: Your petitioner provides services for the common good of the public in as much as it teaches life skills in an engaging format to economically disadvantaged children. Question: Whether a substantial part of the activities of the organization involves carrying on propaganda, or otherwise attempting to influence legislation and whether the organization participates in, or intervenes in, any political campaign on behalf of any candidate for public office Answer: NO Question: Whether any rule, regulation, policy or practice of the orgamzation discriminates on the basis of religious conviction, race, color, sex or national origin? Answer: NO Question: Whether there is a significant revenue impact to the locality and its taxpayers of exempting the property Answer: NO Question: Any other criteria, facts and circumstances, which the governing body deems pertinent to the adoption of such ordinance. Answer: NO Note: A copy of this petition is being delivered this day to the City Manager of the City of Roanoke, Virginia. Therefore, your Petitioner, The Scott Robertson Memorial Fund, respectfully requests to the Council of the City of Roanoke that this real property of your petitioner be designated exempt from taxation so long as your petitioner is operated not for profit and the property so exempt is used for the particular purposes of providing young people of all backgrounds an opportunity to develop, through golf and character education, life-enhancing values such as honesty, integrity and sportsmanship. Respectfully submitted this 9th day of March, 2~05 ~erim Exe~tive Director COMMISSIONER OF THE REVENUE CITY OF ROANOKE SHERMAN A. HOLLAND Commissioner GREGORY S. EMERSON Chief Deputy March 10, 2005 Jennifer Btackwood Interim Executive Director Scott Robertson Memorial P.O. Box 33 Roanoke, VA 24002 RE: Tax Map No. 2670906 3707 Densmore Road, NW Dear Ms. Blackwood: The above parcel is currently being taxed by the City of Roanoke for real estate taxes for the 2004-05 tax year. To be placed on the tax exempt rolls, a form has to be filed with the Roanoke City Council to get tax exempt status. I hope this is the information that you need, please contact me if you have more questions. S c e¢, Sherman A. Holland -- Commissioner of the Revenue cc: Mary Parker, City Clerk SAH/jec 215 Church Avenue SW, Room 251 * Roanoke, Virginia 24011 Phone (540)853-2521 * Fax (540)853-1115 * www. ci. roanoke.va, us 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 05691589 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 Vi~. Sworn and subscribed before me this ~.~ day of April 2005. Witness my hand and of f} ci~ seal. /[~AJ~ ~f/~/~-~ Notary Public PUBLISHED ON: 04/11 TOTAL COST: 129.03 FILED ON: 04/11/05 Authorized Signature:_J~__~_'~__-~ ........ _'~__'_ _~_, Billing Services Rep~sentative NOTICE OF PUBLIC HEARING Notice is hereby given that thc City Council of the City of Roanoke will hold a public heating at its regular meeting to be held on April 18, 2005, commencing at 7:00 p.m., in the Council Chambers, 4th Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia on the question of adoption of an ordinance pursuant to {}58.1-3651, Code of Virginia (1950), as amended, approving the request of the Scott Robertson Memorial Fund for designation of its real property at 3707 Densmore Road, N. W., to be exempted from taxation. The total assessed value of the applicant's real estate for tax year 2004/2005 is $73,200, with a total real estate tax assessment o£$885.72 due for the 2004/2005 tax year. The loss of revenue will be $708.58 annually after a 20% service charge is levied in lieu of real estate taxes. Citizens shall have the opportunity to be heard and express their opinions on this matter. If you are a person with a disability who needs accommodations for this public hearing, contact the City Clerk's Office, 853-2541, by 12:00 noon on Thursday, April 15, 2005 GiVEN under my hand this 6th day of April ,2005. Mary F. Parker, City Clerk. Notice to Publisher: Publish in the Roanoke Times once on Monday, April 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 21 $ Church Avenue, S.W., Room 456 Roanoke, V'u:ginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-raaih clerk@ ci.roanoke.va.us April 7, 2005 File #79 STEPHANIE M. MOON, CMC Deputy City Clerk SHE1LA N. HARTMAN Assistant City Clerk Jennifer Blackwood, Interim Executive Director -r~he Scott Robertson Memorial P. O. Box 33 Roanoke, Virginia 24002 Dear Ms. Blackwood: This is to advise you that a public hearing has been advertised for Monday, April 18, 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 The Scott Robertson Memorial Fund, for exemption from taxation of real property identified as Official Tax No. 2670906, located at 3707 Densmore Road, N. W. It will be necessary for you, or your representative, to be present at the April 18 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 pc: Darlene L. Burcham, City Manager The Honorable Sherman A. Holland, Commissioner of the Revenue William M. Hackworth, City Attorney Susan S. Lower, Director, Real Estate Valuation Vickie Tregubov, Budget Management Analyst, Office of Management and Budget or[ or q?vo Office of the C,ty Clerk Mary F. Parker, CMC City Clerk March 25, 2005 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 revised page one to the petition filed by The Scott Robertson Memorial Fund, a Virginia, non-stock, not-for-profit corporation, requesting exemption from taxation of real property identified as Official Tax No. 2670906, located at 3707 Densmore Road, N.W., pursuant to Section 30-19.04(B), Code of Virginia (1950), as amended. Sincerely, Mary F. ark'~er, City Clerk MFP:ew Attachment pc: The Honorable Mayor and Members of the Roanoke City Council The Honorable Sherman A. Holland, Commissioner of the Revenue William M. Hackworth, City Attorney Jennifer Blackwood, Interim Executive Director, The 'Scott Robertson Memorial, P. O. Box 33, Roanoke, Virginia 24002 Susan S. Lower, Director, Real Estate Valuation Vickie Tregubov, Budget Management Analyst, Office of Management and Budget KSAGENDA CORRESPONDENCE~agenda correspondence 05~The Scott Robertson Memorial Fund Tax Exemption Petitionamended.doc Virgima: In ~e Council of the City of Roanoke RE: Petition for Exemption fi'om Taxalion of Certain Property Pursuant to Article X, Section 6(a) (6) of the Constitution of Virgitfia To the Honorable Mayor and Members of Council of the City of Roanoke: !a. Your petJ_tioner, i'he Scott Robertson Memo.iai Ftmd, a vir~ni~ non-stock, not. Er profit corporation owns certain real property, located at 3707 Densmore Road, NW, in the City of Roanoke, which 0ropert~ is City of Roanoke Taxx Mai> ID # 2670906. with a total assessed value of $73,200 and a to*a! ors 885.72 in re~ property taxes *.-hat were paid or would have be~en paid in the most recent year desires to be an organization designated pursuant to the provisions 58.1-3651, of the Code of Virginia, as amendext, in order that the referenced real vroI0ertv, to be treed exclusively fbr charitable and benevolent purposes m operatil~ a chap. tot of The First Tee - a national not-for profit youth development program - on the D~smore Road property. Desired tbr youth ages 8 to i 8, The First T~ is dedicated to providing young people of alt backgrounds an opportunity to develop, through golf and eharac~r education, Ill&enhancing - values such as honestv, integrilx and sportsmanshir~. Notenlyisgotfthesvort ofalifetime but in many ways it ~ a lesson m hfe. We believe that 'E~ First Tee program will help us teach children lessons that la3' the foundation needed~to meet the many challenges of life. Be exempt from tm.mt/on under the prox~ioas of.~dcle Y. Section 6 (a)(6) ~'~e Constit~on of Virginia so long as your Petitioner is operated not for profit and the property so exempted is used in accordance with the OuVoose for which the Petitioner is classified. Your Petitioner agrees to pay the City of Roanoke an ammai service charge in an amount equal to 20% of the City of Roanoke tax levv, which would be avrflieable to this real estate, were our organi?atio~ not tax exempt, for ~ long as this exemption continues. Your Petitioner, if located within a service dimict, agrees to pay to the City of Roanoke an annual service charge equal to the additional service district tax that would be levied for as long as ~ exemplion continues. Your Petitioner agrees to provide information to the Director of Real Estate Valuation upon request to allow a triennial review of the tax.-exemvt status of your Petitioner. The following questions are submitted for oonsiderafion: Question: -~'aet. b. er the organization is exempt from taxation pur.~.~nt to Section 50i 0g~ of the lnt~mml Revenue Code of 1954. Answer: The Scott Robeatson Memorial Fund was l~ranted exeml~tion from taxation l~umuant to SecXion 50! ~ of the Intemai R~.,enue Code on Ma~ch 25, i985. Question: Whc-qJaer a current alcoholic beverage license for serving alcohohc beverages has been is_~:~e4 by th_c Alcohol Bev__mra..ge Cn.n_~o! Bo.a_rd to sv. ch or~_Szation for use on Answer: NO oa/z4/oa rHu l't:l~ FAX 540 344 4003 pRESIDENTS OFFICE ~001 Please Note: \ f, The tot~] assessad value of the property was incorrect on Correctioo on la. i , 7~~ /',~,, 9Liginal petition submitted on March 8, 2005. 1" fSI ICC :~:' Roanoke Valley..,,, Fax Scott Robertson Memorial Junior Goff Academy Home of The First Tee of Roanoke Valley Date: March 24, 2005 To: Vickie Tregubov From: Jennifer Blackwood Fax: 853.2773 Phone: 540.581.0133 Remarks: Revised first page of petition is attached, as requested. Please feel free to call if you need additional information. Jennifer CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk March 10, 2005 Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: At a regular meeting of the Council of the City of Roanoke which was held on Monday, May 19, 2003, Resolution No. 36331-051903 was adopted with regard to a new policy and procedure for processing requests from non-profit organizations to have property exempted from taxation pursuant to Article X, Section 6(a)(6), of the Constitution of Virginia, and repealing Resolution No. 36148-120202, adopted on December 2, 2002. I am attaching copy of a petition filed by The Scott Robertson Memorial Fund, a Virginia, non-stock, not-for-profit corporation, requesting exemption from taxation of real property, identified as Official Tax No. 2670906, located at 3707 Densmore Road, N. W., in the City of Roanoke, pursuant to Section 30-19.04(B), Code of Virginia (1950), as amended. The above referenced policy provides that petitions forwarded by the City Clerk to the City Manager by April 15 for evaluation and recommendation to City Council will have an effective date of July 1st and petitions forwarded by October 15th will have an effective date of January 1st. Mary F. Parker, CMC City Clerk MFP:sm Attachment K:~AGENDA CORRESPONDENCE~agenda correspondence 05\The Scott Robertson Memorial Fund Tax Exemption Petition.doc Darlene L. Burcham March 10, 2005 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council The Honorable Sherman A. Holland, Commissioner of the Revenue Jennifer Blackwood, Interim Executive Director, The Scott Robertson Memorial P. O. Box 33, Roanoke, Virginia 24002 Susan S. Lower, Director, Real Estate Valuation Vickie Tregubov, Budget Management Analyst, Office of Management and Budget K:~,GENDA CORRESPONDENCE~genda correspondence 05\The Scott Robed. son Memodal Fund Tax Exemption Petition.doc P.O. Box 33, Roanoke, Virginia 24002 March 8, 2005 Mary F. Parker, City Clerk 215 Church Avenue, S. W. Noel C. Taylor Municipal Building Room 456 Roanoke, Virginia 24011 - 1536 Dear Ms. Parker: 1 am writing on behalf of the Scott Robertson Memorial Fund, owner of 3707 Densmore Road in northwest Roanoke City, to request property mx-exempt status. The Scott Robcrtson Memorial Fund is a 501 c3 not-for-profit organization, that will operate a chapter of The First Tee - a national not-for profit youth development program - on the Densmore Road property. Designed for youth ages 8 to 18, The First Tee is dedicated to providing young people of all backgrounds an opportunity to develop, through golf and character education, life-enhancing values such as honesty, integrity and sportsmanship. To quote George Bush, Honorary Chair of The First Tee - "Not only is golfa sport cfa lifetime but in many ways it is a lesson in life." We believe that The First Tee program will help us teach children lessons that lay the foundation needed to meet the many challenges of life. The First Tee of Roanoke Valley will make its' home at the new Scott Robertson Memorial Junior Golf Academy, which is located at 3707 Densmore Road, adjacent to Westside Elementary School. There we have built a driving range, putting green and short game area for ch~PPing, plus a learning center. Enclosed is the petition requesting property tax exemption and a copy of the letter prepared for the Commissioner of the Revenue for which we are awaiting a response. Please feel free to contact me if you need additional information to determine if we are eligible for an exemption on our property tax. Phone: 540.581.0133 Thank you for your consideration of our request. Sincerely, Exec tpe Dire or Th~ First Tee 6f Roanoke Valley Sponsored by ~ orr.or o_ or Offl¢~ of tho Cd¥ CIork Mary F. Parker, CMC City Clerk April 20, 2005 File #2-166-207 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. 37027-041805 authorizing the City Manager to execute the appropriate documents to provide for conveyance of a portion of City-owned property containing approximately 0.460 acre, located in the Roanoke Centre for Industry and Technology, identified as Official Tax No. 7230101, to Edwin and June Wilson, in exchange for vacation and abandonment of a 50-foot perpetual road right-of-way easement across City property held by Edwin and June Wilson, 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, April 18, 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 Philip C. Schirmer, City Engineer IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of April, 2005. No. 37027-041805. AN ORDINANCE authorizing the exchange of certain City-owned property containing approximately 0.460 acres, located in the Roanoke Centre for Industry and Technology, bearing Official Tax Map No. 7230101, to Edwin and June Wilson in exchange for the vacation and abandonment of a 50' perpetual road right-of-way easement across City property owned by Edwin and June Wilson, authorizing the City Manager to sign the necessary documents to effect this exchange, upon certain terms and conditions; and dispensing with the second reading by title of this ordinance. WHEREAS, a public hearing was held on April 18, 2005, at which all persons were afforded a full and fair opportunity to comment with respect to the proposed conveyance of certain City-owned property containing approximately 0.460 acres, bearing Official Tax Map No. 7230101. NOW, 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 documents to provide for the conveyance ora portion of City-owned property containing approximately 0.460 acres, located in the Roanoke Centre for Industry and Technology, identified by Official Tax Map No. 7230101, to Edwin and June Wilson in exchange for the vacation and abandonment of a 50' perpetual road right-of-way easement across City property held by Edwin and June Wilson, upon such terms and conditions as more particularly set forth in the City Manager's letter dated April 18, 2005. 2. Pursuant to the provisions of §12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. 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 April 18, 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: Roanoke Centre for Industry and Technology - Property Exchange The City owns property located in the Roanoke Centre for Industry and Technology (RCIT) identified by Tax No. 7230101 that is adjacent to property owned by Edwin and June Wilson. The Wilsons hold a 50' perpetual road right- of-way easement across City property that the City desires to extinguish. Negotiations with the Wilsons have resulted in their agreement to extinguish the right-of-way in exchange for a portion of an adjacent City-owned parcel consisting of approximately 0.460 acres. See Attachment #1 for sketch of property. Recommended Action(s): Following a public hearing, authorize the City Manager to execute the appropriate documents to convey the 0.460 acre portion of property identified by Tax No. 7230101 to Edwin and June Wilson in exchange for their relinquishing their easement across City property, such documents to be approved as to form by the City Attorney. Res pectfully_sub__mitted, Darlene L. Bu~cham City Manager` DLB/sef Attachment C: Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Philip C. Schirmer, City Engineer CM05-00042 Attachment #1 TRACT 25.447 A TOBTOCTO¢ r,~x t72~m ~ BOOK ~6~0, PA~E 205 -- I I I ,. /%/ ~:~ / / C~ T031 TAX t?~ 7050~ P~OFENTY ~ r~x 17~7o5~ P~gPER~ OF ~ Ct~5 EL~7~ ~UJ~ 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 05691606 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 ~3~-,-~i~-~-- day of April 2005. Witness my hand and se~l. /~, ~f~/~ ~tary Public PUBLISHED ON: 04/11 TOTAL COST: FILED ON: 146.74 04/11/05 Edwin &nd .lune (~.5~9~1.,606) Pan~er, City Billing Services Re~esentatzve I ~,:~ NOTICE OF PUBLIC HEARING The City of Roanoke proposes to convey a 0.460 acre portion of City-owned property identified by Official Tax No. 7230101, located in the Roanoke Centre for Industry and Technology, to Edwin and June Wilson. Such parcel consisting of 0.460 acres will be in exchange for the release and vacation of a 50' perpetual road right-of-way across City property held by Edwin and June Wilson. Pursuant to the requirements of{}{}l 5.2-1800(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 hearing on the above matter at its regular meeting to be held on Monday, April 18, 2005, commencing at 7:00 p.m., in the Council Chambers, 4th Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. Further information is available from the Office of the City Clerk for the City of Roanoke at (540) 853-2541. 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, April 14, 2005. GIVEN under my hand this 7th day of April ,2005. Mary F. Parker, City Clerk. K:/NOTICES\NS-EDWfl~ AND JUNE WILSON - RCIT 041805 DOC Notice to Publisher: Publish in the Roanoke Times once on Monday, April 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 April 20, 2005 File #2-166-468 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 37028-041805 authorizing the City Manager to execute the necessary documents to convey City-owned property housing a water metering station, located on Plantation Road in Roanoke County, containing 0.37 acre and identified as Roanoke County Tax No. 027.11-02- 05.01-0000, to the Western Virginia Water Authority, upon certain terms and conditions and as more particularly set forth in a letter from the City Manager dated April :[8, 2005. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, April :[8, 2005, and is in full force and effect upon its passage. Sincerely, Mary F. Pad , City Clerk MFP:ew Attachment Darlene L. Burcham April 20, 2005 Page 2 pc: Gary L. Robertson, Executive Director, Water Operations, Western Virginia Water Authority Michael T. McEvoy, Executive Director, Wastewater Services, Western Virginia Water Authority Jean M. Thurman, Secretary, Board of Directors, Western Virginia Water Authority Jesse A. Hall, Director of Finance Sherman M. Stovall, Director, office of Management and Budget Sarah E. Fitton, Engineering Coordinator IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, ~he 18th day of April, 2005. ~o. 37028-0~1805. AN ORDINANCE authorizing the City Manager to execute the necessary documents to convey City-owned property housing a water metering station, located on Plantation Road in Roanoke County, containing 0.37 acres and identified as Roanoke County Tax No. 027.11-02- 05.01-0000, to the Western Virginia Water Authority, upon certain terms and conditions, and dispensing with the second reading by title of this ordinance. WHEREAS, a public hearing was held on April 18, 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 such conveyance. BE IT ORDAINED by the Council of the City of Roanoke, Virginia that: 1. The City Manager and City Clerk are authorized to execute and attest, respectively, upon form approved by the City Attorney, the necessary documents to convey City-owned property housing a water metering station, located on Plantation Road in Roanoke County, containing 0.37 acres and identified as Roanoke County Tax No. 027.11-02-05.01-0000, to the Western Virginia Water Authority, upon certain terms and conditions, and as more particularly stated in the City Manager's letter to City Council dated April 18, 2005. 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: 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 April 18, 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: Conveyance of City Owned Property To Western Virginia Water Authority Tax No. 027.11-02-05.01-0000 The City owns property located on Plantation Road that houses a water metering station. This parcel is located in Roanoke County and contains approximately 0.37 acres. The City desires to convey this parcel to the Western Virginia Water Authority for nominal consideration. Recommended Action(s): Authorize the City Manager to execute the appropriate documents to convey the property to the Western Virginia Water Authority, such documents to be approved as to form by the City Attorney. Respectfully submitted, City Manager~ DLB/sef Attachment C: Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Sarah E. Fitton, Engineering Coordinator CM05-00043 Attachment #1 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 05691578 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 V~r~t~a. Sworn and subscribed before me this _~-r~ ~ day of April 2005. Witness my hand and official seal. __~_~___~~ Notary Pubic M y/~o m mis ~ ~ -- ~ x~e ~_ _~~_~_ _O~ ~' PUBLISHED ON: 04/il TOTAL COST: FILED ON: 123.97 o4/11/o5 Signature: ............ Billin9 Services e~esent ative NOTICE OF PUBLIC HEARING The City of Roanoke proposes to convey a 0.37 acre portion of City-owned property identified by Tax No. 027.11-02-05.01-0000 located on Plantation Road in Roanoke County, to the Western Virginia Water Authority. Pursuant to the requirements of{}{}l 5.2-1800(B) and 1813, Code o f Virginia (1950), as amended, notice is hereby given that the City Council of the City of Roanoke will hold a public hearing on the above matter at its regular meeting to be held on Monday, April 18, 2005, commencing at 7:00 p.m., in the Council Chambers, 4th Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. Further information is available from the Office of the City Clerk for the City of Roanoke at (540) 853-2541. 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 hearing, please contact the City Clerk's Office (853-2541), before 12:00 noon on Thursday, April 14, 2005. GIVEN under my hand this 7th day of Apr±l ,2005. Mary F. Parker, City Clerk. K \NOT ICESXNS - ~WWA( PLANTATION P~D) 041805 DOC Notice to Publisher: Publish in the Roanoke Times once on Monday, April 11, 2005. Send bill and affidavit to: Mary F. Parker, City Clerk 215 Church Avenue, S. W. Roanoke, Virginia 24011 (540) 853-2541