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HomeMy WebLinkAboutCouncil Actions 08-21-06 ROANOKE CITY COUNCIL REGULAR SESSION AUGUST 21, 2006 2:00 P.M. CITY COUNCIL CHAMBER AGENDA 1. Call to Order--RolI Call. The Invocation was delivered by Mayor C. Nelson Harris. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Harris. Welcome. Mayor Harris. NOTICE: Meetings of Roanoke City Council are televised live on RVTV Channel 3. Today's Council meeting will be replayed on Channel 3 on Thursday, August 24,2006, at 7:00 p.m., and Saturday, August 26,2006, at4:00 p.m. Council meetings are offered with closed captioning for the hearing impaired. 1 ANNOUNCEMENTS: THE PUBLIC IS ADVISED THAT MEMBERS OF COUNCIL RECEIVE THE CITY COUNCIL AGENDA AND RELATED COMMUNICATIONS, REPORTS, ORDINANCES AND RESOLUTIONS, ETC., ON THE WEDNESDAY 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.CLlCKONTHESERVICEICON.CLlCK ON COUNCIL AGENDAS TO ACCESS THE APPROPRIATE AGENDA AND COUNCIL MEETING. IF ADOBE ACROBAT IS NOT AVAILABLE, A PROMPT WILL APPEAR TO DOWNLOAD PRIOR TO VIEWING AGENDA INFORMATION. ALL PERSONS WISHING TO ADDRESS COUNCIL ARE REQUESTED TO REGISTER WITH THE STAFF ASSISTANT WHO IS LOCATED ATTHE ENTRANCE TO THE COUNCIL CHAMBER. ON THE SAME AGENDA ITEM, ONE TO FOUR SPEAKERS WILL BE ALLOTTED 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 COMMITTEE 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 James R. Olin, a former member of the United States House of Representatives. Adopted Resolution No. 37504-082106. (7-0) File #367 :2 3. CONSENT AGENDA Approved (7-0) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE MEMBERS OF CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. C-1 Minutes of the Audit Committee meeting held on Monday, June 5, 2006. RECOMMENDED ACTION: Received and filed. File #300 C-2 A communication from the City Manager requesting that Council schedule a public hearing for Monday, September 18, 2006, at 7:00 p.m., or as soon thereafter as the matter may be heard, to consider an amendment to Enterprise Zone One A and Enterprise Zone Two and its Subzone. RECOMMENDED ACTION: Concurred in the request. File #266 C-3 A communication from William D. Poe, Chair, Board of Zoning Appeals, transmitting the Annual Report for the period July 1, 2005 - June 30, 2006. RECOMMENDED ACTION: Received and filed. File #51-109 C-4 A communication from Samuel F. Vance, IV, representing the Industrial Development Authority, transmitting the Annual Report for the period July 1, 2005 - June 30, 2006. RECOMMENDED ACTION: Received and filed. File #109-207 3 C-5 Qualification of the following persons: Charles D. Brunal as a member of the Roanoke Public Library Board, for a term ending June 30, 2009; and David B. Trinkle as a member of the Roanoke Valley Area Metropolitan Planning Organization, to fill the unexpired term of M. Rupert Cutler, ending June 30, 2008; and as a member of the Roanoke Valley Allegheny Regional Commission, for a term ending June 30, 2009. RECOMMENDED ACTION: Received and filed. File #15-110-200-326 REGULAR AGENDA 4. PUBLIC HEARINGS: NONE. 5. PETITIONS AND COMMUNICATIONS: a. Presentation of the 2005-2006 Annual Report of the Fair Housing Board. Sherman V. Burroughs, IV, Vice Chair. (Sponsored by the City Manager.) File #109-110-1 78 b. Request to present Cost Collections Department results for fiscal year 2005-2006. Donald S. Caldwell, Commonwealth's Attorney. (Sponsored by the City Manager.) File #133 c. Recommendation by the Clerk of Circuit Court for replacement of microfilm reader/printer equipment and installation of a new debit system; and a communication from the City Manager concurring in the recommendation. Adopted Budget Ordinance No. 37505-082106. (7-0) File #60-103-472 6. REPORTS OF OFFICERS: a. CITY MANAGER: BRIEFINGS: NONE. 4 ITEMS RECOMMENDED FOR ACTION: 1. Acceptance of a Green Machine Sidewalk Sweeper from Downtown Roanoke, Inc., for use in the Central Business District. Adopted Resolution No. 37506-082106. (7-0) File #144-277 2. Amendment of the City Code to enhance Solid Waste Management operations. Adopted Ordinance No. 37507-082106. (7-0) File #24-144 3. Execution of amendments to the contract with S. B. Cox, Incorporated, in connection with development of the Reserve Avenue project area for temporary multi-use athletic facilities; and transfer of funds. Adopted Budget Ordinance No. 37508-082106 and Ordinance No. 37509-082106. (5-2, Council Members Lea and Wishneff voted no.) File #60-388 b. DIRECTOR OF FINANCE: 1. Presentation of the Unaudited Financial Report for Fiscal Year 2006. Received and filed. File #10 7. REPORTS OF COMMITTEES: a. Request of the Roanoke City School Board that a public hearing be held on Monday, September 18, 2006, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the issuance of VPSA School Financing Bonds (1997 Resolution) Series 2006 B for the Monterey Elementary School renovation project; and a report of the Director of Finance recommending that Council concur in the request. Kenneth F. Mundy, Executive Director of Fiscal Services, Spokesperson. Concurred in the request. File #467 5 b. Request of the Roanoke City School Board for approval of a State Literary Fund loan application for improvements to William Fleming High School; 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 Resolution No. 37510-082106. (7-0) File #467 c. Request of the Roanoke City School Board for appropriation of $7.5 million in Literary Fund Loan funds to provide for a portion of construction costs of the new William Fleming High School; 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. 37511-082106 and Resolution No. 37512-082106. (6-1, Council Member Wishneff voted no.) File #60-467 d. 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. 37513-082106. (7-0) File #60-467 8. UNFINISHED BUSINESS: NONE. 9. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. 6 10. MOTIONS AND MISCELLANEOUS BUSINESS: a. Inquiries and/or comments by the Mayor and Members of City Council. Council Member Lea expressed appreciation to the Members of Council and the City Manager for their support of the Western Virginia Education Classic to be held on August 31 at Liberty University. File #80-304-467 b. Vacancies on certain authorities, boards, commissions and committees appointed by Council. 11. HEARING OF CITIZENS UPON PUBLIC MATTERS: CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE HEARD. MATTERS REQUIRING REFERRAL TO THE CITY MANAGER WILL BE REFERRED IMMEDIATELY FOR RESPONSE, RECOMMENDATION OR REPORT TO COUNCIL. Mr. Robert E. Gravely, 727 29th Street, N. W., spoke with regard to overall concerns for the future of the City of Roanoke. File #66 12. CITY MANAGER COMMENTS: The City Manager called attention to the ribbon cutting ceremony for the Colonial Green project which was held on Friday, August 18 that will result in outstanding housing opportunities for the citizens of Roanoke. File #178 The City Manager advised that following additional repairs, the Mill Mountain Star will be illuminated in approximately one week. File #67 7 THE COUNCIL MEETING WAS DECLARED IN RECESS TO BE RECONVENED AT 7:00 P.M., IN THE CITY COUNCIL CHAMBER, ROOM 450, NOEL C. TAYLOR MUNICIPAL BUILDING. 8 ROANOKE CITY COUNCIL REGULAR SESSION AUGUST 21, 2006 7:00 P.M. CITY COUNCIL CHAMBER AGENDA Call to Order -- Roll Call. (Mayor Harris was absent.) The Invocation was delivered by Council Member Alfred T. Dowe, Jr. The Pledge of Allegiance to the Flag of the United States of America was led by Vice-Mayor David B. Trinkle. Welcome. Vice-Mayor Trinkle. NOTICE: Meetings of Roanoke City Council are televised live on RVTV Channel 3. Tonight's Council meeting will be replayed on Channel 3 on Thursday, . August 24, 2006, at 7:00 p.m., and Saturday, August 26, 2006, at 4:00 p.m. Council meetings are offered with closed captioning for the hearing impaired. 9 A. PUBLIC HEARINGS: 1. Request of Mr. and Mrs. Aaron W. Athey to permanently vacate, discontinue and close a portion of an alleyway off of Arbutus Avenue, S. E., running between lots located at 716 and 724 Arbutus Avenue. Mr. and Mrs. Aaron W. Athey, Spokespersons. Adopted Ordinance No. 37514-082106. (5-0, Council Member Wishneff was not present when the vote was recorded.) File #514 2. Request of Pheasant Ridge Condominiums II, LL, Dalton Place, LLC, A & J Holdings, Inc., Integra Investments, LLC, Van Winkle, LLC, Pheasant Ridge Real Estate Holdings, LLC, and Pheasant Ridge Office Building, LLC, that certain proffered conditions on property located on Pheasant Ridge Road, S. W., be repealed and that such property be rezoned from MX, Mixed Use District, to MXPUD, Mixed Use Planned Unit Development District; that properties located on Griffin Road, S. W., be rezoned from R-7, Residential Single Family District, to MXPUD, Mixed Use Planned Unit Development District; that the portion of Granger Road, S. W., right-of-way containing 0.293 acre, which is the subject of a petition to close and vacate such right-of- way, be rezoned from R-7, Residential Single Family District, to MXPUD, Mixed Use Planned Unit Development District; and that a portion of property on Pheasant Ridge Road, S. W., be rezoned from MX, Mixed Use District, to MXPUD, Mixed Use Planned Unit Development District, to complete the mixture of living unit options in the Pheasant Ridge community and to allow residential uses and related amenities and uses. William W. Terry, III, Attorney, Spokesperson. Adopted Ordinance No.3 751 5-082106. (6-0) File #51 3. Request of Mr. and Mrs. Charles C. Duncan, Jr., that property located at 1682 Monterey Road, N. E., be rezoned from R-5, Single Family Residential District, to RMF, Residential Multifamily District, subject to a condition that use of the property will be limited to a congregate home for the elderly with no more than eight unrelated residents. Charles C. Duncan, Jr., Spokesperson. Adopted Ordinance No. 37516-082106. (6-0) File #51 10 4. Proposal of the City of Roanoke to amend Vision 2001-2020, the City's Comprehensive Plan, to include the Greater Deyerle Neighborhood Plan. R. Brian Townsend, Agent, City Planning Commission, Spokesperson. Adopted Ordinance No.3 7517-082106. (6-0) File #424 .5. Proposal of the City of Roanoke to lease 2,688.1 square feet of space within the Roanoke Civic Center Annex, for a term of five years, and an additional 2,459 square feet of space should it become available. Darlene L. Burcham, City Manager. Adopted Ordinance No.3 7518-082106. (6-0) File #192-373 B. OTHER BUSINESS: 1. (a) Petition for appeal of a decision of the Architectural Review Board, filed by Marian M. AIi, with regard to installation of vinyl soffits on a structure located at 431 Elm Avenue, S. W. (b) Report of the Architectural Review Board with regard to the above referenced petition for appeal. Lora j. Katz, Chair. Based upon evidence presented on August 21, 2006, Council voted to affirm the decision of the Architectural Review Board on June 8, 2006, and that no Certificate of Appropriateness be issued for the installation of vinyl material over the roof soffits of a structure located at 431 Elm Avenue, S. W., as set forth in the Petition for Appeal, on the grounds that the proposed installation is not of the same design as the materials on the building and the proposed installation would not maintain the architectural defining features of the building. (4-2, Council Members Mason and Wishneff voted no.) File #249 11 C. HEARING OF CITIZENS UPON PUBLIC MATTERS: CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE HEARD. MATTERS REQUIRING REFERRAL TO THE CITY MANAGER WILL BE REFERRED IMMEDIATELY FOR RESPONSE, RECOMMENDATION OR REPORT TO COUNCIL. Ms. Dianne Stevens, 1234 Midvale Avenue, S. W.; Mr. Carl Nunnenkamp, 1121 Hannah Circle, S. W.; and Mr. Mark Mullins, 1106 Hannah Circle, S. W., spoke with regard to acquisition of property in the Hannah Court area in connection with the Roanoke River Flood Reduction Project and for development of open space, park and recreational purposes. File #2-66-237 Mr. Rich Cranwell, 2902 Carolina Avenue, S. W., spoke with regard to a Star City Fall Festival, with an emphasis to be placed on Roanoke's youth which is proposed to be held on Saturday, November 11, 2006. File #87-304 THE COUNCIL MEETING WAS DECLARED IN RECESS UNTIL WEDNESDAY, AUGUST 30, 2006, AT 8:30 A.M., IN THE CARillON BIOMEDICAL INSTITUTE BOARD ROOM, 117 CHURCH AVENUE, S. W., AT WHICH TIME THE COUNCIL WILL PARTICIPATE IN THE CITY'S ANNUAL PLANNING RETREAT. 12 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 ChUTCh Ave.nue. S.W.. Room 456 RO,"lOke. Virginia 24011-1536 Tdeph(llle C,5·HlI S53-~5·11 Fax: (,)40") 853· I 1.. 5 E-mail: ..:lerk(~)d.manllk~·.\.:l.us STEPIIANŒ \1. MOON. OIe Dcpllly Cily Clerk \·lARY F. PARKEK. CMC Cil)" Clerk SHElL,\ ~. HARTMA~ A~~i~lant Ciry Clerk August 24, 2006 File #367 Mrs. James R. Olin 2600 Barracks Road Charlottesville, Virginia 22901 Dear Mrs. Olin: I am enclosing copy of Resolution No. 37504-082106 memorializing your late husband, the Honorable James R. Olin. 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 ofthe City of Roanoke at a regular meeting which was held on Monday, August 21 , 2006. Sñ'~ :;.L Mary F. Parker, CMC City Clerk MFP:ew Enclosure L:ICLERKlDATAICKEW1\AGENDA CORRESPONDENCElagenda correspondence 06\Aug 06\Aug 21 06 cor.doc . . . 'f"~ -.i> IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of August, 2006. No. 37504-082106. A RESOLUTIOì\ memorializing the late James R. Olin, a fonner Vice-President of thc General Electric Company, and a 10-ycar represcntative of Virginia's 61h District in the U.S. House of Representatives. WIlEREAS, the members of Council learned with sorrow of the passing ofMr. Olin on Saturday, July 29. 2006: WHEREAS, Mr. Olin was born February 2g, 1920, in Chicago, Illinois, the oldest of three children of Harry Arthur and Katherine Davis Price Olin; WHEREAS. Mr. Olin grew up in Kenilworth, Illinois, and attended New TI;er High SchooL where he was elected class president and was a member of the football team; WHEREAS, Mr. Olin attended Deep Springs College in California before transferring to Cornell University, where hc earned a dcgrcc in electrical engineering; WHEREAS, Mr. Olin met Phyllis Avcry while at Cornell University and the two weTe married in October 1944 after heT college graduation and his graduation from the Signal Corps Officers Candidate School at Fort Monmouth, New Jersey; WHEREAS, Mr. Olin served in the U.S. Anny during World War II and was stationed in Alaska for eight months; WHEREAS, after his discharge from the Anny, Mr. Olin joined the General Electric Company as a test engineer in Erie, Pennsylvania, and later wOTked for G.E. in Schenectady, New York; WHEREAS, following vanous manufacturing assignments with G.E.'s control and motors businesses, Mr. Olin was named manager for the Small AC Motor and Generator Department in Schenectady in 1960; WHEREAS, in Schenectady Mr. Olin began a life-long interest in politics and started working for local, state, and national candidates, and was elected Supervisor of the Town of Rotterdam, New York, his first elective political office; WHEREAS, in 1963, Mr. Olin was promoted to manager of the Industrial Motor and Generator Section for the Direct Current Motor and Generator Department in Erie, and in 1966 was appointed manager of the Transportation Equipment Products Operation; WHEREAS, in 1968 Mr. Olin moved to Roanoke, Virginia, to bccomc gcneral manager of the Industrial Control Departmcnt in Salcm, ViTginia, and went on to become manager of the Drive Systems Department in 1970 and, in 1980, a division general manager of G.E.'s new Industrial Electronics Division; WHEREAS, Mr. Olin was named a G.E. Vice-President in July 1980 and took early retirement from G.E. in 1982; WHEREAS, after his retircment from G.E., Mr. Olin decided to run for the U.S. Congress and was elected as a DemoeTat in ]\ovcmber 1982 to represent the 6th District of Virginia; WHEREAS, as a mcmber of Congress, Mr. Olin servcd on thc Agriculture and Small Business committees; WHEREAS, Mr. Olin retired from Congress in 1993 after serving for 10 ycaTs; WHEREAS, Mr. Olin received an honorary DoctOT of Laws degree from Washington and Lee Univcrsity in June 1992; WHEREAS, Mr. Olin was activc in his community including service on the boards of the Burrell Memorial Home, thc Mental Hca1th Association, the United Way, the Salem-Roanoke Chamber of Commerce, the Roanoke Symphony, the Virginia Manufacturers Association, the United :\egro College Fund, Deep Springs Collegc, and the Unitarian-Universalist churchcs he attended; WHEREAS, Mr. Olin and his wife, Phyllis. moved to Charlottesville, ViTginia in 2003 to live closer to family; and WHEREAS, of his many accomplishments, Mr. Olin was most proud of his Eag1c Scout award, his ongoing association with Deep Springs, his 35-ycar career at G.E., his sponsorship of the Virginia Wildemess Acts and thc Buena Vista Ilood prevention program whilc in Congress, and his family with whom hc enjoyed camping, canoeing, sailing, hiking, gardening, and classical music. THEREFORE, BE IT RESOLVED by thc Council of the City of Roanokc as follows: 1. City Counci I adopts this resolution as a means of recording its dccpcst rcgrct and sorrow at thc passing of Jamcs R. Olin, and extcnds to his family its sincerest condo1enccs. ., ~. The City Clerk is directed to forward an attested copy of this resolution to Mr. Olin's widow. Phyllis Olin, of Charlottesville, Virginia. ATTEST: City Clerk. MINUTES OF ROANOKE CITY AUDIT COMMITTEE 1. CALL TO ORDER: June 5, 2006 The meeting of the Roanoke City Audit Committee was called to order at 11 :00 a.m. on Monday, June 5, 2006, with Chair, Dr. M. Rupert Cutler, presiding. . The roll was called by Mrs. England Audit Committee Members Present: Audit Committee Member Absent: Others Present: Dr. M. Rupert Cutler, Chair Mayor C. Nelson Harris Vice-Mayor Beverly T. Fitzpatrick, Jr. Alfred T. Dowe, Jr. Sherman P. Lea Brenda L. McDaniel Brian J. Wishneff Drew Harmon, Municipal Auditor Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Rolanda Russell, Asst. City Manager for Community Development James Grigsby, Acting Asst. City Manager for Operations Mary Parker, City Clerk Larry Brown, Public Information Officer Karl Cooler, Building Commissioner Mike Tuck, Assistant Municipal Auditor Pam Mosdell, Information Systems Auditor Cheryl Ramsey, Auditor Geri Hayes, Senior Auditor Doris England, Administrative Assistant Gwen W. Mason. Council Member Elect R. Timothy Conner, Partner, KPMG LLP Peter J. Ragone, II, Senior Manager, KPMG LLP Evelyn Bethel, Citizen Helen Davis, Citizen 2. APPROVAL OF MINUTES FROM MARCH 6, 2006, MEETING Chairman Cutler asked if there were any corrections or amendments to the minutes of the March 6, 2006, Audit Committee meeting. There were none. Audit Committee Minutes - June 5, 2006 Page 2 Mr. Harris moved and Mr. Fitzpatrick seconded that the minutes be approved as distributed. A vote was taken and the motion carried. The minutes will be placed on the Consent Agenda for the next City Council meeting. 3. INTERNAL AUDIT REPORTS: A. Accela B. Purchasing Cards Chairman Cutler ordered that items A and B be received and filed. There were no objections to the order. Chairman Cutler recognized Mr. Harmon for comments on each of the audits beginning with the Accela audit. Mr. Harmon stated the Accela audit was requested by the Department of Technology and the Department of Planning, Building and Economic Development. Mr. Harmon explained this was more of a consultation than an audit in that Municipal Auditing was asked to look at the change control of the Accela system. Chairman Cutler asked for the definition of change control, and Mr. Harmon responded that any system must be updated and go through changes, such as the change in building permit fees that the city charges. There are changes in how the screen appears and the reports that run off the system. Mr. Harmon stated the Accela system is being utilized more fully than ever and appears in better shape than ever before, to the credit of the Building Commissioner, Karl Cooler. Mr. Harmon explained the system is used to track everything from when the contractor comes in to apply for a building permit for construction to the inspection process, and all the way through to the issuance of a certificate of occupancy. The initiatives planned to strengthen change controls include developing a written service level agreement, maintaining centralized documentation of changes and testing, removing the operations center from the process to load changes to production, and reducing the number of users with administrative rights in the system. Mr. Harmon asked if the committee members had any questions regarding the Accela audit. Chairman Cutler noted that Finding 03 states the "Accela system was not designed with adequate provisions for controlling changes and ensuring the integrity of data," and the "opportunity for mistakes in moving changes to production is increased." Dr. Cutler asked Mr. Harmon how these concerns were being addressed. Mr. Harmon replied that limiting access to the system and implementing more formal procedures for change control are essentially all that can be done to protect the integrity of the system. Chairman Cutler asked Ms. Burcham if she had any comments on the system. Ms. Burcham stated the current Building Commissioner was taking advantage of automation to track the permits and also relieve employees of some unneeded paperwork. Audit Committee Minutes - June 5, 2006 Page 3 Chê1.irman Cutler asked Mr. Harmon for his comments on the Purchasing Card audit. Mr. Harmon stated the City of Roanoke manages its purchasing card program very efficiently in comparison to many other localities. He noted there were no significant misappropriations or misuses of the cards. Mr. Harmon referred committee members to the finding addressing approval signatures and stated that the review and approval process has always been considered an effective and necessary control over p-card purchases. The approval process was designed to also provide for reviews of purchases made by elected and appointed officials by Management and Budget. . Upon review, it was agreed that the Purchasing division would be the more appropriate authority to review purchases by elected and appointed officials. Mr. Harmon also noted that future audits by the Municipal Auditing department would specifically include steps to review purchases transacted on purchasing cards issued under the names of elected and appointed officials. Mr. Harmon then referred committee members to the finding addressing split purchases and explained that splitting or breaking up purchases allows employees to exceed their purchasing authority, avoid obtaining quotes, and increases the risk that capital equipment would not be captured in the accounting records. Mr. Harmon stated that over 26,000 purchases were transacted during the period audited and that computer software was utilized to identify potential split purchases. This testing identified only nine split purchases. Mr. Harmon stated that one, and possibly two, of the nine transactions identified were not in fact split purchases based on additional information recently provided by the employees involved. Mr. Harmon stated that overall this year's audit results indicated improved compliance with purchasing card program policies and procedures. Mr. Harmon specifically cited the reduced utilization of affidavits in place of original receipts and the improved notations on receipts and invoices to document the purpose of purchases. Chairman Cutler asked Mr. Harmon about the Libraries being excluded from this audit. Mr. Harmon replied that purchasing cards held by the Libraries had been excluded because a separate, unscheduled audit of all purchases was being performed at the Libraries. Chairman Cutler asked Ms. Burcham for her comments. She stated that steps had been taken by administration regarding the split purchases, and any future split purchases by those individuals identified will result in the suspension of their use of the purchasing card. Mr. Burcham noted that following each year's purchasing card audit, there had been considerable improvement. She said she did not expect to see any split purchases next year. Ms. Burcham stated that the use of the p-card has enabled employees to work more efficiently and effectively; and thus, it is important to keep the integrity of the program at a high standard. Mr. Hall stated he agreed with Ms. Burcham. The purchasing card program is efficient and most employees Audit Committee Minutes - June 5, 2006 Page 4 who use it comply with the procedures. He stated that those who did not would lose the privilege of using the card. Mr. Dowe expressed his concern that terminated employees would still have purchasing cards in their possession. Mr. Hall explained that the employees in most cases would turn in their card but the associated account would not be de-activated in a timely manner. Mr. Harmon emphasized that terminated employees have not actually made any purchases on a city purchasing card after termination. Mr. Hall stressed the importance of department heads reviewing monthly statements on a timely basis to help ensure unauthorized purchases are quickly identified and addressed. Mr. Harmon noted that the City has a new purchasing card provider with on-line services that provide the capability for department managers to monitor purchases on a daily basis. 4. UNFINISHED BUSINESS: A. Letter from Auditor of Public Accounts - Clerk of the Circuit Court Audit Chairman Cutler ordered that the letter from the Auditor of Public Accounts [APA] regarding the Clerk of the Circuit Court audit be received and filed. There were no objections to the order. Chairman Cutler recognized Mr. Harmon for comments. Mr. Harmon reminded committee members that the Auditor of Public Account's report incorporates the audit work performed by the Municipal Auditing department's staff that was reported to the committee in March. Mr. Harmon noted that there were no findings and no instances of noncompliance. 5. NEW BUSINESS: A. KPMG External Auditors - General Audit Plan for Fiscal Year Ending June 30, 2006 Chairman Cutler recognized Mr. R. Timothy Conner, KPMG Engagement Partner, to speak to the committee members regarding the General Audit Plan for Fiscal Year Ending June 30, 2006. Mr. Conner referred to the booklet that he had distributed to all committee members and went over the engagement team members and the entities subject to audit and reporting. These entities include the City of Roanoke, School Board of the City of Roanoke, Greater Roanoke Transit Company, Southwestern Virginia Transit Management Company, Inc. Retirement Plan and Trust, and the City of Roanoke Pension Plan. Mr. Conner reviewed the engagement timetable, pointing out that final reports were scheduled to be complete by mid- November. Mr. Conner introduced Mr. Peter J. Ragone, II, KPMG Engagement Audit Committee Minutes - June 5, 2006 Page 5 Senior Manager, to speak to the committee regarding the audit approach. Mr. Ragone went over the four steps in the audit process, which include planning, control evaluation, substantive testing, and completion. He then spoke about the significant audit areas to be covered in the City of Roanoke, the School Board, Greater Roanoke Transit Company, and the City's Retirement Plan. Mr. Ragone discussed the audit work required under the U.S. Office of Management and Budget Circular A-133, more commonly referred to as Single Audit work. Mr. Ragone identified four programs that require audit this year based on A-133 guidelines. The programs are the Community Development Block Grant, Special Education, Title I, and Title 11- A. Mr. Ragone also highlighted that the Virginia Auditor of Public Accounts has adopted a new requirement for localities to prepare a separate report on local telecommunications taxes and to have these reports examined and verified by an independent auditor. Mr. Ragone mentioned Government Accounting Standards Board [GASB] statement number 42 that addresses impairments of capital assets that would require recognition in a locality's financial statements. He also mentioned GASB statement number 44, which specifies required information in the statistical section of the comprehensive annual financial report. Mr. Ragone reviewed the responsibilities and assistance provided by city departments, which will be consistent with past years' audits. Mr. Conner then commented that the examination of the City's report on telecommunications tax revenues required by the APA will require a separate engagement letter. Mr. Conner estimated that the cost of the examination will be approximately $3,500. Mr. Conner asked the committee members if there were any areas they would like to bring to the attention of the external auditors. No comments were offered by committee members. Mr. Harmon reminded committee members that the contact information for Mr. Conner and Mr. Ragone was attached to the front of the general audit plan in each member's committee packet. Chairman Cutler stated that, in turn, the KPMG auditors could also contact Audit Committee members if there is anything they would like to discuss. 6. OTHER BUSINESS Chairman Cutler recognized Mr. Harmon for comments. Mr. Harmon presented Dr. Cutler with a plaque denoting Dr. Cutler's service as Audit Committee Chairman for two years. Mr. Harmon expressed the Auditing department's appreciation and gratitude to Dr. Cutler for his dedication, professionalism, inquisitiveness, and support. Mayor Harris stated the other members of the committee echoed those sentiments. Audit Committee Minutes - June 5, 2006 Page 6 7. ADJOURNMENT There being no further business, the meeting was adjourned at 11 :35 a.m. M. Rupert Cutler, Chair CITY OF ROANOKE OFFICE OF THE CITY MANAGER )Joel C Taylor Ylunicil'al Building 215 Church Avenue, S.W., Room 364 Rllanoke, Virginia 24011-1591 Tt'll'pholw: (:'-lll.l S;:\-~.U.l bx: (5·1(I) 853-] IJS City \\\?b: \\"\\'w.r\l.lIHlk\?\'.l.go\' August 21, 2006 Honorable C. Nelson Harris, Mayor Honorable David B. Trinkle, Vice Mayor Honorable Alfred T. Dowe, Jr., Council Member Honorable Beverly T. Fitzpatrick, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Brian J. Wishneff, Council Member Dear Mayor Harris and Members of City Council: Subject: Request to Schedule a Public Hearing to Consider Amendment to Enterprise Zone One A and Enterprise Zone Two Pursuant to the requirements ofthe Code ofthe Commonwealth of Virginia, the City of Roanoke is required to hold a public hearing when amending either the boundaries or incentives to Enterprise Zone One A and Enterprise Zone Two and its Subzone. The amendments proposed by staff include: · Modification to the boundaries of both Enterprise Zone One A and Two to eliminate inclusion of parcels that are completely residential and add commercial parcels. · Creation of a parking lot improvement matching grant program incentive for Enterprise Zone Two. · Amendment of the definition of "façade" as used in the existing facade improvement grant program in Enterprise Zone One A · Modifications to the provisions of the Fire Suppression Grant program in Enterprise Zone One A. Recommended Action: Schedule and advertise a public hearing to be held on Monday, September 18th, 2006, at 7:00 p.m. on the above matter. Honorable Mayor and Members of City Council Augus121,2006 Page 2 Respectfully submitted, Darlene L. Burcham City Manager DLB/CC c: Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Brian Townsend, Director of Planning Building & Economic Development CM06-00148 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue. S.W. Room 456 R,xUlokc. Virh~nia 24011-1536 T..:h: 'h(lne: (540) 8~3-2541 b.'c c)-WI f;53 ¡¡-I5 E-lIlail: l'krkt~1 (,1.f(.':lllOkc.\·¡I.U~ STEPII,\:-im M. MOO:-i. CMC D{'pUl)' City Clerk SHEILA :-i. lL\RB1Al> As.~bt"'lll Cit) Clerk August 24, 2006 File #51-109 William D. Poe, Chair Board of Zoning Appeals 10 Jefferson Street, S. E. 1200 Wachovia Tower Roanoke, Virginia 24011 Dear Mr. Poe: The 2005-2006 Annual Report of the Board of Zoning Appeals, was before the Council of the City of Roanoke at a regular meeting which was held on Monday, August 21, 2006. On motion, duly seconded and adopted, the Annual Report was received and filed. Si~cerely, 0 í\~ J rIM-tv Mary F. Parker, CMC City Clerk MFP:ew pc: Rebeccaj. Cockram, Secretary, Board of Zoning Appeals L:\CLERKlDATA\CKEW1\AGENDA CORRESPONDENCElagenda correspondence 06\Aug 06\Aug 21 06 cor.doc ~~ ROANOKE PLANNING BUILDING AND ECONOMIC DEVELOPMENT Noel C. T3ylor MUl1icip~ll Building ~1~ GnH(\"! AVl~rllH~. SW, Room 166 Ro.:!nokl~. Virginia }4011 5/ o.SS3.1ì30 fJx 540.851.1210 plan n i 11 gr~'/l rü;111okev;I.!::llV August 21, 2006 The Honorable C. Nelson Harris, Mayor Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: As Chairman of the Roanoke City Board of Zoning Appeals for 2006, it is my honor to present to you the annual report for July 1, 2005, through June 30, 2006. For fiscal year 2005-2006, the Board of Zoning Appeals held eleven (11) regular public hearings, during which there were twelve (12) variance requests, twenty-nine (29) special exception (use) requests, and one (1) appeal of the Zoning Administrator's decision. In the current year, the Board of Zoning Appeals' goals are to: first, continue to serve the citizens and developers of the community in furthering the use, development and redevelopment of property through variances and special exceptions; second, to continue to act as a discretionary administrative body and make decisions in matters where a person or party within the community is aggrieved by a decision made in the administration or enforcement of the zoning ordinance; and lastly, to recommend to the Planning Commission and City Council necessary revisions to the zoning ordinance in order for the Board to continue to provide fair and equitable service to the community and its citizens. The Board continues to work with the City Attorney's Office to assure that our procedures promote a concise and fair process. 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Q)0>>'..c ~ E c -a 0 to >. . ...... -g E E ro - E t-I -.Q :ß ~ 1? ro ro ~ EQl ~ 0 - -a >. 0 "0: .!; ro c: .,.... - c"E c.. 0 ,Þ êi) .~ Q.) ~ c c ·R(¡;-g E£ 0>20êi) E::J 8.:5 C..c 0 19.9.3:g~~c71;;; ¡¡ ÓJ~ g.§~~1l '" ... ~ CD '" c o m en .>- .5 ~- I... ~ '" o '" ... ... 'It ~--- I l-ð ~~ I 0'" ...~ "'... , , NN tÔc.ci "'''' ,. c .2 c ~ 0 0._ Ql ro I·§¡ ~ Ql~ _ :J .rQ ~ Ig..c . 0. ~ -f-· " I&¡ gJ " N -0 .~ <0 ¡.gj ~ -'It <D . ~:s: <Xl . NUl en c Ql .r= 0. Ql û5 Ul ..g¡ ,C L.___ '. /~ l::::.">f!' ,.;~<\ ._, . """ ¡ ..~I). .:.. \~, . ;.. ...........,,:...':.2:..:.:.:..::;. CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue. S.w.. Room 456 Roanoke, Virginia 2401 1-1536 Telephone: (540) 853·~541 f;rl.: f 540) 853-1145 E-m;lil: clerk@ci.r(':lIloli.c.\"a.lls STEPHAr;IE M. MOOr;. CMC Deputy Cil)' Clerk ~L\KY F. PAKKER, CMC City Clerk SHEILA r;. HARnIA~ Assiswnt City Clerk August 24, 2006 File #109-207 Dennis R. Cronk, Chair Industrial Development Authority 3310 Kingsbury Circle, S. W. Roanoke, Virginia 24014 Dear Mr. Cronk: The 2005-2006 Annual Report of the Industrial Development Authority, was before the Council of the City of Roanoke at a regular meeting which was held on Monday, August 21, 2006. On motion, duly seconded and adopted, the Annual Report was received and filed. n~:Jf~ Mary F. Parker, CMC City Clerk MFP:ew pc: Harwell M. Darby, Jr., Attorney, Industrial Development Authority, Glenn, Feldmann, Darby and Goodlatte, 210 First Street, S. W., Roanoke, Virginia 24011 L:\CLERKlDATA\CKEW1\AGENDA CORRESPONDENCElagenda correspondence 06\Aug 06\Aug 21 06 cordoc GLENN FELDMANN DARBY& GOODLATIE ::::.11.-: :-:.1:,,: ;;v.' :';.l.r:. >.õ,' :': ":>" \ ~:r:. " I'.,."': .>:'.')"," j·~..!..·:"h· \·:!·~'.I·i·: "'-1::,; "..\ i ..:~-t ,".!' 1,' . ",: ~'-Tl' ~..:. -'" l~; . :.~:,.h.:,::::;k,..: .... ~'(ID'~" W()~'o _ Z ~~-_. ¿ = ':J ;, 000 .~ 4?ERn~" S,\~ll.lr'r 1'. V,\NlT. IV ¡lIth"l )i;llc.'i'¡(ll~2.. .-:·.;u]J 1 :-ll1al: S\'~!nl"L':~!'l! Ii.l<! .1.:\111l August 15. 2006 HAND DEUVERED Mary F. Parker City Clerk. City of Roanoke, Virginia 456 Munieipall3uilding 215 Chureh A venue. S. w. Roanoke, VA 24011 RE: Industrial Development Authority of the City of Roanoke. Virginia Dcar Mary: 1 am dclivering with this letter the Annual Rcport or the Industrial Development Authority of the City of Roanoke. Virginia. Very truly yours, s~ Samuel F. Vance, IV SFV: Iww:()()420()() Enclosures: Annual Report ol'the Industrial Dcvelopment Authority :Vlinutes of alllllcetings of the Industrial Development Authority ec: Directors. Industrial Development Authority (with report enclosed) Annual Report The Industriall>evelopment Authority of the City of Roanoke, Virginia To: The Members of Council of the City of Roanoke Name and Organization: The Industrial Development Authority of the City of Roanoke, Virginia was organized pursuant to ordinance adopted by the City Council October 21, 1968. It has been in continuous operation and has assisted the City's economic development efforts in meeting to approve small issue and 501(e)(3) industrial development revenue bond finaneings. Membership: There are seven members of the IDA appointed by Council for 3 year terms. As of the date of filing of this report the membership, officers and tenns of the directors arc as follows: Name Dennis R. Cronk Charles E. Hunter, III A. Damon Williams Linda Davis Frith F. Gordon Hancock S. Deborah Oyler Stuart Revereomb Office Chairman Vice Chainnan Treasurer Expiration ofTenn October 20, 2006 October 20, 2008 Octobcr 20, 2006 October 20, 2007 October 20, 2007 October 20, 2009 October 20, 2009 Staffing:. The IDA uses the City of Roanoke Economic Development Division's staff and works in close conjunction with the Director of Planning Building and Economic Development. The IDA mcets the second Wedncsday of every month. The meeting dates for this fiscal year are July 12,2006. August 9,2006. Scptember 13,2006. October II. 2006, November 8. 2006, December 13. 2006, January 10, 2007. February 14, 2007. March 14, 2007, April 11, 2007 and May 9. 2007. The meetings are held at 8:00 a.m. at the City of Roanoke, Division of Economic Development, 11 I Franklin Plaza, Roanoke. Virginia. During fiscal year ended June 30, 2006, the IDA held 10 meetings; its average attendance was 5, with the attendance of the various members is as follows: Page 2 ATTENDA:\CE ROSTER Industrial Development Authority Directors 7 iU/05 S/J0105 9i14!05 9121/0SIIO/5i05 111\6/05 12/S/05 2/8i06 4/3/06 6/ 14/06 .. Dennis R. Cronk Present i. Present _ Present Present Present Present Present Present Present Pr.~sc.:.!!! Linda Davis Frith Present Absent Absent Absent Present Present Present Present Present Present F. Gordon Ilant"uck Pn:scnt Present Present Present Present Present Present Presc:nt Present Abs<:.'!! Charles E. Hunter. III Present Present Present Pœsent Absent Present I Present Absent Present Absent s. Deborah Ovle~· -.. Absent Present Absent æ.r~s~nt Ahsl'ntl Present Present Present Absent Present --- Stuart Re\'ercomb Present Absent Present Present ~nt. Present Absent Present Present Pn:sent ~-- Present I Present A. Damon Williams Absent Absent Present Present Present Present Present Present -- Activities in Fiscal Year 2005/2006: This year the IDA: . Approved the funding of ten façade grants totaling over $287,000 as follows: Roanoke Redevelopment & Housing Authority for the building located at 109 I st Street in the amount of$25,000; Musselwhite Holdings LLC for the building located at 301 Jeftèrson Street in the amount of$24,453; Lofts on Church LLC for the building located at 15-17 Church Avenue in the amount of$25,OOO; Rae Haas for the building located at 2718 Williamson Road in the amount of 58,500; Warehouse 315 LLC for the building located at 315 Albemarle Avenue, S. E. in the amount of" $25,000; 102 W. Campbell, LLC for the building located at 102 W. Campbell in the amount of$25,OOO; Mountain Roofing, Inc. t'or the building located at 501 Shenandoah Avenue in the amount of$1.735; Paradox Restaurant for the building at 202 Market Square in the amount of $25,000; Effie Moore for the building located at 2401 Plantation Road in the amount of$3,804; 102 W. Campbell, LLC for the building located at 111 West Campbell A venue in the amount of 525,000; Aaron's .lax-Orlando, LLC for the building located at 3308 Williamson Road in the amount of 5 12,446.67; and, Page 3 Metropolitan Properties LLC for the building located at 2\ 0-214 Market Street in the amount of $25,000: and, Factory 324, LLC for the building located at 324 Salem Avenue in the amount of$25.000; and, Beulah Investments LLC for the building located at 310 Second Street in the amount of $13, 186; and. Wetz Big Lick, LLC tor the building at 1 10 Campbell Avenue in the amount of$23,310. . Approved the Pertormanee Agreemcnt between the City and Valley View Mall, LLC · Approved tbe Performance Agreement between the City and United HealthCare Services, Inc. · Approved the Perfonnance Agreement between the City and Faison- Southern Lane, LLC · Assisted the Carilion Health System Obligated Group III financing and refunding ccrtain bonds in thc amount of $308.465,000. · Undertook to revise its fee structure in order to provide the Authority with the funds nccessary to take a significantly more active role in identifying and contributing to the overall economic development effort in the City of Roanoke. · Received regular briefings on economic actIvItIes from the Economic Development Department of the City of Roanoke. The [)A looks forward to continuing its close partnership in economic development with the City of Roanoke and stands ready to work as a full economic development partner with other members of the City's team. Respectfully submitted. Date: ~~c-=- ~ MI~lITES ofa REGULAR MEETING INDUSTRIAL DEVELOPMENT AUTHORITV of the CITV OF ROANOKE, VIRGINIA July 13,2005 Directors present: Dennis R. Cronk, Linda Davis Frith, F. Gordon Hancock, C. E. Hunter, and Stuart Revercomb Directors absent: S. Dcborah Oyler and A. Damon Williams. Also present at the meeting were Brian Townsend, Acting Director, City of Roanoke . Department of Economic Development, Linda Bass, Economic Development Specialist, and Harwell M. Darby, Jr., Assistant Secretary and Counsel to the Authority. Chaimlan Dennis R. Cronk called the meeting to order at 8:05 a.lll. and declared that a quorum was present On motion by Mr. Hancock and seconded by Mr. flunter, the Authority unanimously approved the minutes of the May 11, 2005 regular meeting. On motion by Mr. Hancock and seconded by Mr. Hunter. the Authority reeeived the tinancial report prepared as of May 31,2005. On motion by Mr. Hancock, seconded by Mr. Hunter, the Authority voted 5-0 to approve a Façade Grant in an amount of S25,000 for Roanoke Redevelopment & Housing Authority for improvements to the façadc of the Higher Education Center and Culinary School located at 1091" Street. On motion by Mr. Hancock, seconded by Ms. Frith, the Authority voted 5-0 to reject a Façadc Grant application of Gayle and Hunter Merrill and requested that the staff obtain additional information on this application. On motion by Mr. Hancock, seconded by Ms. Frith, the Authority voted 5-0 to approve a Façadc Grant application of Stephen Musselwhite in the amount of 524.453 for improvements to the taçade of the property located at 301 Jefferson Street. On motion by Mr. Hancock, seconded by Mr. Hunter, the Authority voted 5-0 to approve a Façade Grant application of Robert Fetzcr in the amount of 525,000 for improvements to the façade of the property located at 15/17 Chureh Avenue. On motion hy Mr. Hancock, seconded hy Mr. Hunter, the Authority voted 5-0 to delay consideration of the remaining Façade Grant applications pending the availability offurther funding. There being no further business, Mr. Cronk adjourned the meeting at 8:45 a.m. Attachments (I): 1) Financial Report 05-31-05 2 MINUTES ofa REGULAR '\'IEETING INDUSTRIAL DEVELOPMENT AUTIIORITY ofthc CITY OF ROANOKE, VIRGINIA August 10, 2005 Directors present: Dennis R. Cronk, f. Gordon Hancock, C. E. Hunter, and S. Deborah Oyler. Directors absent: Linda Davis frith, Stuart Revereomb and A. Damon Williams. Also present at the meeting were Brian Townsend, Acting Director, City of Roanoke Department of Economic Development, Chris Copenhaver, Economic Development Specialist. L. Elizabeth McCoury, Economic Development Administrator, Harwell M. Darby, Jr., Assistant Secretary and Counsel to the Authority and two representatives of Carilion Medical Center, David Hagadorn. Treasury Advisor and Rob Vaughan, Vice Prcsident-Finance. Chairman Dennis R. Cronk called the meeting to order at 8:00 a.I11. and declared that a quorum was present. On motion by Mr. Hancock and seconded by Mr. Hunter, the Authority unanimously approved the minutes of the July 13,2005 regular meeting. On motion by Mr. Hancock and seconded by Mr. Hunter, the Authority received the financial report prepared as of July 31, 2005. On motion by Mr. lIancoek and seconded by Ms. Oyler, the Authority adopted by a vote of 4-0 a resolution authorizing the Chairman and each officer who is also a DiTector of the Authority acting jointly or singly to identify hedge contracts as quali lied hedges pursuant applicable treasury applications. On motion by Mr. Hancock and seconded by Mr. Hunter, the Authority adopted by a vote of 4-0 an inducement resolution for Carilion Medical Center. On motion by Mr. Hancock, seconded by Mr. Hunter, the Authority votcd 4-0 to approve a façade Grant for Rae Haas in the amount of one third of the costs of improving the tàçade to the building at 2718 Williamson Road in the approximate amount of$8,500.00.. On motion by Ms. Oyler, seconded by Mr. Hancock, the Authority voted 4-0 to postpone consideration of a façade Grant application of Paul Richards and requested that the staff obtain additional infonnation on this application. On motion by Mr. Hancock, seconded by Mr. Hunter, the Authority voted 4-0 to approve a Façade Grant application of Katie Wallace in the amount of $25,000 for improvements to the façade of the property located at315 Albemarle Avenue. On motion by Mr. Hancock, seconded by Ms. Oyler, the Authority voted 4-0 to approve a Façade Grant application of Rob Glenn in the amount of 525,000 for improvements to the façade of the property located at 102 Campbell Avenue, S. W. On motion by Mr. Hancock, seconded by Ms. Oyler, the Authority voted 4-0 to delay consideration ofthe remaining Façade Grant applications. There being no further business. Mr. Cronk adjourned the meeting at 9:00 a.m. Attachments (3): I) Financial Report 07-31-05 2) Hedge Resolution 3) Inducement Resolution 2 MINUTES of a REGULAR MEETING INDŒTRlAL DEVELOPMEì\T AUTHORJT'{ oflhc CITY OF ROANOKE, VIRGINIA Scptcmbcr 14. 2005 Dircctors prcscnt: Dcnnis R. Cronk. F. Gordon Hancock, C. E. Huntcr. Stuart Revcrcomb and A. Damon Williams. Directors abscnt: Linda Davis Frith and S. Deborah Oylcr. Also present at thc mceting were Brian Townscnd, Acting Director, City of Roanokc Department of Economic Development, Chris Copcnhavcr, Economic Dcvelopmcnt Specialist, L Elizabeth McCoury, Economic Dcvelopment Administrator and Harwell M. Darby, Jr., Assistant Sccretary and Counsel to thc Authority. Chairman Dcnnis R. Cronk called thc meeting to ordcr at 8:00 a.m. and dcclarcd that a quorum was present. On motion by Mr. Hancock and seconded by Mr. Huntcr, the Authority unanimously approved thc minutes of the August 10,2005 regular meeting. On motion by Mr. Hancock and sccondcd by Mr. Revercomb, thc Authority receivcd the financial rcport prepared as of August 31,2005. Mr. Darby rcportcd to the board thc status of the Cari lion bond financing which is schcduled for a public hearing before thc IDA on October 5, 2005. The board members were polled to insure that a quorum will be avai1ablc and present at that mecting. Mr. Darby circulated a discussion draft of the IDA's audit for the fiscal ycars ended Junc 30. 2004 and June 30, 2005. Mr. Townsend rcported on progress on four points raised by thc auditors, the tirst point having to do with interpretation of thc phrase "principal façade" and thc second part dcaling with specific concerns raiscd by the auditor on documentation of specitic Façade Grants lìlI1ded in the past. Mr. Townsend was instructed by thc Board to prepare a letter responding to thc auditor's four points. On motion by Mr. Revercomb and seconded by Mr. Hancock, the Authority, by a 5-0 vote, detern1incd that Façade Grants in the future will be thc lesser of a) thc amount specifically approvcd in the Authority's minutcs or b) one-third (1/3) of thc invoices submitted in conformance with the City of Roanokc Façade Grant Regulations; and, in addition, that when a ehcck is presented to the Chairman and Treasurer for signature, it will have attached a checklist indicating, among other things. that thc invoiccs have been rcviewed and approved and support the amount of the grant; that the work on the façade has been vicwcd by thc City representative; that photos have bccn taken; and, that the check amount is consistent with the IDA's minutes (indicating the datc of the IDA meeting at which the raçade Grant was approved). The Chairman of the IDA was authorized by thc Board to Si~,'ll and deliver the Auditor's Engagement Letter and the Management Representations letter which had previously been reviewed and approved by counsel, copies of which are attached to thcse minutes. The directors then reviewed the memorandum prepared by counsel dated July 18, 2005 as to revenues and expenses. The Board articu1atcd a vision that it would take on a major role in economic development in the City. It determined that it can and must contribute to the overall economic development effort in Roanoke, working in conjunction with the City and with major corporate citizens such as Carilion Health System. The Directors noted that many ifnot all of the major Industrial and Economic Development Authorities across the state perfonll duties of this sort. It was particularly impressed with a report from Ms. MeCoury, a fonner Suffolk City IDA staff person, as to what that IDA has been able to accomplish in that community. On motion by Mr. Revereomb, seconded by Mr. Hunter, the Authority voted 5-0, 1) to increase the ceiling on its closing fee to $30,000 and 2) to assess an annual administrative fee of 1/16th of 1 % per year on all outstanding bonds. Mr. Darby was instructed to communicate promptly with Carilion Medical System and to report back to the Authority any concerns that may be raiscd by Carilion Medical System. Mr. Hunter left the meeting at 8:45 a.m. The Authority also determined at a later time (to be scheduled at the convenience of the members). to consider amendments to the Façade Grant regulations, including but not limited to, 1) that the Authority ask the City and/or the Commonwcalth of Virginia for grants in excess of $100,000 per year; 2) that the Authority consider a Icss-than-$25,OOO cap so as to be able to insure funding for smaller façade projects; 3) that the Authority dcfine the term "façade" to include, possibly, comers and buildings with two fronts on public streets; 4) that the Authority reconsider the so-called "first come-first served" policy and another way to provide more cqual and fair consideration of cspccially smaller projects; and, lastly, 5) that the Authority consider an administrative fee to be assessed for performance agreements. There bcing no further business, Mr. Cronk adjourned the meeting at 9:20 a.m. Attachments (3): I) Financial Report 08-31-05 2) Auditor's Engagement Letter 3) Auditor's Management Representations Letter 2 MINUTES of a REGULAR MEETING INDUSTRIAL DEVELOPMENT AUTHORITY of the CITV OF ROANOKE. VIRGINIA October 5, 2005 Directors present: Dennis R. Cronk, Linda Davis Frith, F. Gordon Hancock. Stuart Revereomb and A. Damon Williams. Directors absent: C. E. Hunter and S. Deborah Oyler. Also present at the meeting were Robert Vaughan, Vice President. Carilion Health System, Brian Townsend. Acting Director, City of Roanoke Department of Economic Development, Chris Copenhaver. Economic Development Specialist, L. Elizabeth McCoury, Economic Development Administrator and Harwell M. Darby, Jr., Assistant Secretary and Counsel to the Authority. Chairman Dennis R. Cronk called the meeting to order at 8:00 a.m. and declared that a quorum was present. On motion by Mr. Hancock and seconded by Mr. Revercomb. the Authority unanimously approvcd the minutes of the September 14, 2005 regular meeting. On motion by Mr. Hancock and seconded by Mr. Revercomb, the Authority unanimously approved the minutes of the September 21, 2005 special meeting. The Chairman declared that thc Authority was holding a public hearing for the purpose of giving the general public an opportunity to comment on the proposed issuance by the Authority of not to exceed 5450,000.000 in Hospital Revenue Bonds to assist the Cari1ion Health System Obligated Group in financing and refunding certain bonds. No members of the public were in attendance, and the Chairman announced the conclusion of the public hearing. On motion by Mr. Hancock, seconded by Mr. Revercomb. the Authority unanimously adopted the TEFRA resolution as presented and attached to these minutes. On motion by Mr. Revereomb, seconded by Mr. Hancock, the Authority unanimously adopted a resolution authorizing an Escrow Deposit Agreement, as presented and attached to these minutes. Mr. Darby reported to the board the status of the Carilion bond financing which is scheduled for closing in New York on November 9, 2005. The issue is currently sized at S329,000,000. with approximately SS2,000,OOO allocated to facilities outside the City of Roanoke. but could. depending on movement in the financial markets and other factors, be sized down to approximately $279,000,000. The board members were advised that another mceting of the IDA would need to be called later in the month to give lìnal approval to the Carilion documentation. The Chairman reiterated thc Authority's policy of having mcmbers of the Board sign Authority documents whcnever possible. cven though non-mcmber oflìccrs may from timc to time be authorized to do so, and that whenever a non-mcmber orticcr of the Authority exccutes and delivers an Authority document or takes any other action on behalf of thc Authority. that officer take thc responsibility for insuring that the Chairman or Vice-Chairman is made aware in advance of such action. The Authority reviewcd its previous action relative to closing and administrative fees. The adminislrative fee will apply to all outstanding bonds of the Authority and will be payable by the benefiting entity or entitics jointly and severally. Such fees shall be memorialized in the Loan Ab'Teemcnt or other financing document entered into between the Authority and the benefiting entity or entities, may be proportioned for bonds issued during the year, and shall be payable in arrears on July 1 in each year. bascd on the report to the Authority hy the benctìting entity or cntities of the outstanding principal amount of bonds for the preceding year, subject to adjustment aner the Authority's audit tor such year is completed. Closing fees are payable at closing of Authority Bond issues. Atìer receiving a report t¡-om Mr. Copenhaver on the compliance with the application for a Façade Grant by Paul Richards for improvements to a facility at 202 Market Square (the "Application"), and on motion by Mr. Hancock, seconded by Mrs. Frith, the Authority approvcd on a 4-1 vote a Façade Grant tor the Application in the amount of 525,000. On motion by Mr. Hancock, seconded by Mr. Williams. thc Authority unanimously deterred consideration of the application ror a Façade Grant by Rob Glenn tor improvements to a facility at III West Campbell (thc "Application"), until thc Authority could rcview the dcsign of the garagc doors and othcr information relative to the Application. Atler receiving a report from Mr. Copenhaver on the compliance with the application for a Façade Grant, on motion by Mr. Hancock, seconded by Mr. Revcrcomb, thc Authority unanimously approved the application tor a Façade Grant by Enïe Moore tor improvements to a facility at 2401 Plantation Road (the "Application"), in the amount of53,804. The Authority deferred consideration of a fa~'ade Grant tor ,William Boylan for improvements to 1019 Campbell Avenue until his application is completed. After receiving a report from Mr. Copenhaver on the eompliancc with the application for a Façade Grant, and subject to the grant relating to only one façade of the building. on motion by Mr. Hancock, seconded by .\1r. Revercomb, the Authority ') approved on a 5-0 vote the application tor a Façade Grant by Gayle and Ihlllter Merrill tor improvements to a taeility at 501 Shenandoah Avenue (the "Application"), not to exceed S 1,166.67. There being no further busincss, Mr. Cronk adjourned the meeting at 9: 15 a.m. Attachments (2): 1) TEFRA Resolution 2) Escrow Deposit Resolution , -' MINUTES ofa REGULAR !\'¡EETE\G 11\DUSTRIAL DEVELOP\1ENT AUTHORIT'{ of the CITY or ROANOKE. VIRGINIA ì\ovember 16.2005 Directors prescnt: Dcnnis R. Cronk. Linda Davis Frith, F. Gordon Hancock. C. E. Hunter, S. Dcborah Oylcr, Stuart Rcvcrcomb and A. Damon Williams. Also present at the meeting were Robert Vaughan, Vice President-Finance. Carilion Ilealth System, David Hagadorn, Treasury Advisor, Carilion Health System, L Elizabeth McCoury. Economic Developmcnt Administrator, .Tetl" Sturgeon. reporter for the Roanoke Times, Harwell M. Darby, Jr., Assistant, Secretary and Counsel to the Authority and Chris Copenhaver, Economic Devclopment Specialist. Chairman Dennis R. Cronk called the meeting to order at 8:00 a.m. and dcclared that a quorum was present. On motion by Mr. Hancock and scconded by Mr. Ilunter, the Authority unanimously approved the minutes of the October 5. 2005 rcgular meeting. On motion by Mr. Hunter and seconded by Mr. Williams. the Authority accepted the tinancial report dated as of October 31,2005. Mr. Darby reported to the Board the status of the Carilion bond financing which is scheduled for closing in New York on December 14, Z005. The issue is currently sized at approximately S305,OOO,000 with approximately 580,500.000 allocated to facilities outside the City of Roanoke. On motion by Mr. Ilancock, seconded by Mr. Hunter, the Authority unanimously adopted the Series Resolution for Carilion Health System as presented and attached to these minutes. Aller receiving a report from Mr. Copenhaver on the compliance with the application for three Façade Grants that had been funded in amounts greater than formally approved by the Authority, the Board. on motion by Mr. Hunter and seconded by Mr. Williams. unanimously ratified the funding of Façade Grants to Mexicorp in the amount of 525,000, to Advanced Metal Finishing in the amount of $24, 641 and to Angell Associates in the amount of S 19,074. as shown on the attached table. On motion by Mr. Revercomb and seconded by Mr. Williams, the Authority authorized the reimbursement of the reasonable expenses of directors choosing to attend the Virginia Industrial Development Authority's Institute, December 6-7. 20U5 in Williamsburg. On motion by Mr. Hunter. seconded by Mr. Hancock. the AllIhority on a 5-2 vote amcnded its administrativc fec policy to apply the administrativc fce only to those bonds directly rc1atcd to t(lcilities locatcd within the City of Roanoke or the rcfunding of such bonds. There being no furthcr busincss, Mr. Cronk adjoumed the meeting at 9: ] S a.1l1. Attachments (3): 1) Financial report as of October 31, zoos 2) Carilion Scrics Rcso1ution 3) Façade Grants ratiticd ~ MINUTES ofa REGULAR MEETING INDUSTRIAL DEVELOP\1ENT AUTHORITY of the CITY OF ROANOKE. VIRGINIA December 8, 20()5 Directors present: Dennis R. Cronk, Linda Davis Frith, F. Gordon Hancock, C. E. Hunter, S. Dehorah Oyler, and A. Damon Williams. Ahsent: Stuart Revereomb Also present at the meeting were Robert Vaughan, Vicc President-Financc, Carilion Hcalth System, L. Elizabeth McCoury. Economic Development Administrator, Harwell M. Darby, Jr.. Assistant Secretary and Counscl to thc Authority and Chris Copenhaver, Economic Development Spccialist. Chairman Dcnnis R. Cronk call cd thc meeting to order at 8:00 a.m. and declared that a quorum was present. On motion by Mr. Hancock and seconded by Ms. Oyler, the Authority unanimously approved the minutes of the November 16,2005 regular meeting. On motion by Mr. Hancock, seconded by Mr. Williams, the Authority unanimously adopted the Amended Series Resolution for Carilion Health System as presented and attached to these minutes. On motion hy \1r. Hancock. seconded by Mr. Williams, the Authority unanimously adopted a Resolution approving a Performance Abrreement with Faison-Southern Lane, LLC, for an economic development grant for a commercial development in the City of Roanoke, as presented and attached to these minutes. There being no further husiness, Mr. Cronk adjourned the meeting at 8:30 a.1TI. Attachments (2): I) Carilion Aml'l1ded Series Resolution 2) Performance Agreement Resolution MINUTES of a REGULAR MEETING INDUSTRIAL DEVELOPMENT AUTHORIT'{ of the CITY OF ROANOKE. VIRGINIA February 8. 2006 Directors present: Dennis R. Cronk, Linda Davis Frith. F. Gordon Hancock. S. Deborah Oyler. Stuart Revercomb and A. Damon Williams. Absent: C. E. Hunter Also present at the meeting were R. Brian TO\\l1send, City of Roanoke Director of Planning, Building and Economic Development, Harwell M. Darby, Jr., Assistant Secretary and Counsel to the Authority, Stuart Mease, City of Roanoke Special Projects Coordinator and Chris Copenhaver, City of Roanoke Economic Development Specialist. Chairman Dennis R. Cronk called the meeting to order at 8:05 a.m. and declared that a quorum was prcsent. On motion by Mr. Hancock and seconded by Mr. Williams. thc Authority unanimously approved the minutes of the December 8, 2005 regular meeting. On motion by Mr. Hancock and seconded by Ms. Oyler, the Authority unanimously approved the financial report dated as of December J 1. 2005, a copy of which is attached to these minutes. Mr. Cronk reported an expenditure for attorney's fees for the period July I through December 31. 2005, in the amount of S7,582.43. The Board asked counsel to the Authority to review the bylaw provision limiting expenditures to pernlit payment of ordinary operating expenditures within reasonable limits and to circulate his suggested language to the Board for approval at the March meeting. Mr. Townsend introdueed Stuart Mease. City of Roanoke Special Projects Coordinator. who gave a short report on his task of identi fying professional jobs to the 40.000 university students in the NewVa area. The Chairman reported on plans for the IDA retreat and the annual meeting. On motion by Mr. Hancock. seconded by Ms. Frith. the Authority voted 6-0 to approve a F açade Grant for 102 West Campbell LLC in the amount of the ~'Teater of S25,000 or one third of the costs of improving the tàçade to the building at III West Campbell A venue in the approximate amount of 525.000.00, with the requirement that the Economic Development Specialist review the documentation supporting each expenditure to insure compliance with the Façade Grant Guidelines and report back the tinal amount to the Board as soon as the project is completed. On motion by Mr. Revercomb, seconded by Mr. Hancock, the Authority voted 5-1 to approve a Façade Grant for Aaron's lax-Orlando, LtC in the amount one third of the costs of improving the façadc to the building at 3308 Williamson Road in the approximate amount of 512.446.67, with the requirement that the Economic Development Specialist review the documentation supporting each expenditure to insure compliance with the Façade Grant Guidelines and report baek the final amount to the Board as soon as the project is completed. Mr. Townsend reported to the Board on several economic development initiatives. There being no further business, Mr. Cronk adjourned the meeting at 9:05 a.m. Attachment ( I ): 1) Financial Report as of December 31, 2006. 2 MI1\'UTES ofa SPECIAL MEETING JOINT MEETING OF THE INDUSTRIAL DEVELOPMENT AUTHORITY AND THE CITY COUNCIL of the CITY OF ROAì\OKE, VIRGINIA Room 156 Roanoke City Administration Building 12:00 noon April 3, 2006 Directors present: Dennis R. Cronk, Linda Davis Frith, f. Gordon Hancock, C. E. Hunter, Stuart Revereomb and A. Damon Williams. Absent: S. Deborah Oyler Also present at the meeting were the Mayor and members of the City Council of the City of Roanoke, Virginia: the Honorable C. Nelson Harris (arrived late), Mayor, the Honorable Beverly T. Fitzpatrick, Jr.. Vice Mayor; M. Rupert Cutler; Alfred T. Dowe, Jr.; Sherman P. Lea; Brenda L McDaniel; Brian 1. Wishneff; Darlene L Burcham, City of Roanoke, City Manager. William M. Hackworth, City of Roanoke, City Attomey, R. Brian Townsend, City of Roanoke Director of Planning, Building and Economic Development; Harwell M. Darby, Jr., Assistant Secretary and Counsel to the Authority; Stuart Mease, City of Roanoke, Special Projects Coordinator and Chris Copenhaver, City of Roanoke, Economic Development Specialist. After a roll call, Chainnan Dennis R. Cronk called the meeting to order at 12:00 p.m. and deelared that a quorum was present. ChaiTman Dennis R. Cronk made several remarks constituting a report of the recent activities of the Industrial Development Authority. The Directors answered several questions and discussed several matters with the members of City Council. There being no further business, Mr. Cronk adjoumed the meeting at 12:54 p.m.. Attachments (2): (I) Mr. Cronk's remarks (2) Excerpt from City Council minutes MINUTES ora REGULAR MEETING INDUSTRIAL DEVELOPME1'\T AUTHORIT'{ of the CITY OF ROANOKE, VIRGINIA Junc 14,2006 Directors prcscnt: Dennis R. Cronk, Linda Davis Frith, S. Dcborah Oy1cr, Stuart Revcrcomb (arrived during discussion on Enterprise Zone Two Amcndmcnt) and A. Damon Williams. Absent C. E. Hunter, F. Gordon Hancock. Also present at the meeting were R. Brian Townsend, City of Roanoke Director of Planning, Building and Economic Development, Harwell M. Darby, Jr., Assistant Secretary and Counsel to the Authority, Chris Copenhaver, City of Roanoke Economic Development Specialist, Linda Bass, City of Roanokc Economic Development Specialist, Peter Clapsaddle, Project Manager representing Metropolitan Properties, LLC and Don Peterson, OVVller, Metropolitan Propcrties, LLC. Chairman Dennis R. Cronk called the meeting to order at 8:00 a.ll1. and declared that a quorum was present. On motion by \.1s. Oylcr and seconded by Mr. Williams, the Authority unanimously approved the minutes of the February 8, 2006 regular meeting. On motion by Ms. Oyler and seeondcd by Mr. Williams, the Authority unanimously approved the minutes of the April 3, 2006 special joint meeting with the Roanoke City Council. On motion by Mr. Williams and seconded by Ms. Frith, the Authority unanimously approved the financial report dated as of May 3 I, 2006, a copy of which is attached to these minutes. On motion by Mr. Williams, second cd by Ms. Frith and adopted by a 5-0 vote, the Authority granted extensions to Musselwhite, LLC to October I, 2006; to Lofts on Church, LLC to November 1, 2006 and to the Roanoke Higher Education Center (Culinary School) to December 3 L 2006 for completion of their construction in order to complete their façade grant application. Mr. Townsend presented two possiblc amendments to the City's Enterprise Zone Policy. On motion by Ms. Frith and Seconded by Mr. Williams, the Authority voted to submit the single sidc definition to the City's policy as follows: Sin¡,:lc side .. "The City will provide funds to the Industrial Development Authority of the City of Roanoke. Virginia (IDA) to enhance economic development in Enterprise Zone One A by providing façade grants of one third of any building façade renovation costs for a façade in need of renovation to visually improve the primary building façade (the portion of any exterior elevation which faces or abuts a public right-ot~way and contains thc principal entrancc to the building or is immcdiately adjacentthercto of a building within Enterprise Zone One A up to a maximum of Twenty-five Thousand Dollars (525.000) per !,'Yant . . . .. Mr. Townsend also gave infonnation on additional Enterprise Zone One A policy changes relating to tire suppression. retrofit grants and revision of the Enterprise Zone Map to remove ccrtain residcntia1 areas and add ccrtain commercial areas. On motion by Mr. Williams and scconded by Ms. Frith the Authority voted 5-0 adding parking lot and landscaping grants to the City's Enterprise Zone Two policy as follows: "Businesses with a building at least 15 years old at date of application. with a !,'Yavel lot void of landscaping and contributing storm water runoff to a city-owned detention pond, must submit paving/landscaping plans to the IDA for approval prior to commencing the project. Plans must conform with the existing zoning ordinance. and show the area to be paved, along with a list of trees and plants. Projects would be reviewed on a first-come, first-serve basis. Applicants, once approved, would be given six (6) months to complete the work and submit receipts for all expenses. A minimum of 550,000 would be available each fiscal year and each project would receive one third of its actual demonstrated costs up to a maximum of525,000." Mr. Townsend also report to the Authority on other infonnation items relating to the amendments to the City's Enterprise Zone Two policy. On motion by Ms. Frith, seconded by Mr. Williams. the Authority voted 5-0 to approve a Façade Grant for Metropolitan Properties LLC in the amount of the greater of$25.000 or one third of the costs of improving the façade to the building at 210-214 Market Street SE in the approximate amount of 525,000.00, contingent on approval by the Architectural Review Board and re-characterization or reallocation of all of the cost items to the north façade and ,the principal entrance (principal entrancc being a "significant historical attachmcnt that would contribute to thc building or the appearancc if restored" under the currcot definition in the City's facade !,'Yant policy) and with the requiremcnt that the Economic Development Specialist review the documcntation supporting each expenditurc to insure compliance with the Façade 2 Grant Guidelines and report back the final amount to thc Board as soon as the projcct is completed. On motion by Mr. Revercomb, seconded by Ms. Oyler, the Authority voted 5-0 to approve a Façade Grant for Factory 324, LLC in the amount one third of the costs of improving the taçade to the building at 324 Salem Avenue in the approximate amount of 525,000, with the requirement that the Economic Development Specialist review the documentation supporting each expenditure to insure compliance with the Façade Grant Guidelines and report back the final amount to the Board as soon as the project is completed. On motion by Ms. Oyler, seconded by Ms. Frith, the Authority voted 5-0 to approve a Façade Grant for Beulah Investments LLC in the amount of one third of the costs of improving the façade· to the building at 310 2nd Street S.W. in the amount of 513,186.00, with the requirement that the Economic Development Specialist review the documentation supporting each expenditure to insure compliance with the Façade Grant Guidelines and report back the tìnal amount to the Board as soon as the project is completed. On motion by Mr. Williams, seconded by Ms. Frith, the Authority voted 5-0 to approve a Façade Grant for Wetz Big Lick, LLC in the amount one third of the costs of 570,993 of improving the façade to the building at 110 Campbell Avenue in the amount of 523,3 I 0, with the requirement that the Economic Development Specialist review the documentation supporting each expenditure to insure compliance with the Façade Grant Guidelines and report back the final amount to the Board as soon as the project is completed. An application approve a Façade Grant from Southeast Rural Community Assistance Project, Inc. for 347 Campbell Avenue, S.W. was tabled by the Authority as the application had not been completed. On motion by Mr. Williams, seconded by Mr. Revercomb, the Authority voted 5-0 to adopt a resolution approving a Performance Agreement between the City of Roanoke, Virginia and Valley View Mall, LLC whereby the Authority will serve as a conduit tor h'Tant funds awarded by the City. A certified copy of the resolution is attached hereto as Attachment If. 2. On motion of Ms. Frith seconded by Ms. Oyler, the Authority voted 5-0 to adopt a resolution approving a Performance Agreement between the City of Roanoke, Virginia and United HealthCare Services, Inc. whereby the Authority will serve as a conduit tor h'Tant funds awarded by the City. A certified copy of the resolution is attached hereto as Attachment # 3. 3 There being no further business, Mr. Cronk adjourned the meeting at 9:35 a.m. Attachments (3): I) Financial Report as of V1ay 31,2006. 2) Resolution approving the Performance Agreement with Valley View Mall, LLC. 3) Resolution approving the Performance Agreement with United HealthCare Services, Inc. 4 ~.~~-;.-^ /,.<>0 :~·0·. (r.:,)"'.'·;-~' \~;,.,r: ,.. -.,."'" ~"".:.~:...-..:~. CITY OF ROANOKE OrrICE OF THE CITY CLERK 215 Church Avenue. S.\V.. Room 456 RO'Uloke. Virginio 240 11-1536 Telephone: 154ù) 853-2541 Fax.: 15<10) 85.3-11-15 E-mail: rkrkl.i.i .::i,m;'llwke.\'3.11s STEPHAl\IE M. ~100l\. CMC Deputy City Clerk ~I,\K\' E mKKEK. OIC Cir~; ell-rk SHElI.A l\. HAKTMAN A.~sisl:Jllt CIIY Clerk August 24, 2006 File #15,110-323 Stanley G. Breakell, Chair Roanoke Public Library Board 3256 Allendale Street, S. W. Roanoke, Virginia 24014 Dear Mr. Breakell: This is to advise you that Charles D. Brunal has qualified as a member of the Roanoke Public Library Board for a term ending June 30, 2009. Sincerely, .R n~ 1. 0....4< Mary F. Parker, CMC City Clerk MFP:ew pc: Sheila S. Umberger, Director, Roanoke Public Libraries L:\CLERK\OATA\CKEWliOalh and leav:ng serv.ce\roa public library boardiCharles D Brunal c:uali.t1DC: Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Charles D. Brunal, do solemnly 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 Roanoke Public Library Board, for a term ending June 30, 2009, according to the best of my ability (So help me God). civw~ ~J. Subscribed and sworn to before me this L day of l!:JlI~f 2006. BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT BY 1<7<1'~"'Á. ~ø,- DO//T't' , CLERK 0' 1.:\CI.ERK\ )^"I"A\CKEWI\oalh and leaving ser'\'ice\ro:!. puhllc lihro.ry board\Carlos H. Hrunal \)3th doc CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue. S. W.. Room 456 Roanoke, Virginia 240 11-1536 Telephone: (540') 8~:,:I-15·1] Fax: l5..JOI RS:--] 14:' E-lIlail: clerk@·ci.wanokc.\'õl.US STEPllA~IE M. MOOr;, CMC Oepul)' Cily Clerk MARY F. PARKER. C!\.lC Cil)' Clerk SHEILA r;. HARHlAN A~~i!l[3nl Cil)' Clerk August 24, 2006 File #1 5-110-200-326 Wayne G. Strickland, Executive Director Roanoke Valley Area Metropolitan Planning Organization P. O. Box 2569 Roanoke, Virginia 24010 Dear Mr. Strickland: This is to advise you that David B. Trinkle has qualified as a member of the Roanoke Valley Area Metropolitan Planning Organization, to fill the unexpired term of M. Rupert Cutler, ending June 30, 2008. Dr. Trinkle has also qualified as a member of the Roanoke Valley Alleghany Regional Commission for a term ending June 30, 2009. ~':, J.~ Mary F. Parker, CMC City Clerk MFP:ew pc: Stephanie M. Moon, CMC, Deputy City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, David B. Trinkle, do solemnly 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 Roanoke Valley Area Metropolitan Planning Organization to fill the unexpired term of M. Rupert Cutler, ending June 30, 2008, according to the best of my ability (So help me God). Subscribed and sworn to before me this --1l day of ~UðY2006. BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT BY~(.-~ "d)c.µ..-Ty , CLERK L:\CLERK\DATA\CKF\\.'I\oath and leaving :::.cr\'i"c\~tc(f(lpolilan Planning: Organization\Davic..l B Trinkle o:l.th MClropoluan Planning 08.doc Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, David B. Trinkle, do solemnly 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 Roanoke Valley Alleghany Regional Commission for a term ending June 30, 2009, according to the best of my ability (So help me God). Subscribed and sworn to before me this 11 day of,y(uç &O~06. BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT BY 9~~ Deputy . CLERK CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue. S.w., Room 456 Ru"noke. Virginia 24011- ]536 Telephone: ! 54(1) :,~:;-~~:q I Fa:\: r5..Hn S5.~-] ]45 fo-Illail: l kr~: (!h.i.ril~lI}(1kL·. \'a.u:-; STEPIIA"I1E M. ~100"i, CMC Deptll) City Clerk ~1:\RY .... I'ARKER. (':\1C Cit~ (Jerk SHEILA 1>. HARD1A"I A~:-j::-I' fH CilY Clerk August 24, 2006 File #109-110-178 Nancy F. Canova, Chair Fair Housing Board 2265 Sewell Lane, S. W. Roanoke, Virginia 24015 Dear Ms. Canova: The 2005-2006 Annual Report of the Fair Housing Board, was before the Council of the City of Roanoke at a regular meeting which was held on Monday, August 21, 2006. On motion, duly seconded and adopted, the Annual Report was received and filed. S?\V~ ;JP~ Mary F. Parker, CMC City Clerk MFP:ew pc: Angie S. Williamson, Housing Development Specialist, Department of Housing and Neighborhood Services L:\CLERKlDATA\CKEW1\AGENDA CORRESPONDENCElagenda correspondence 06\Aug 06\Aug 21 06 coLdoc ~~ ROANOKE HOUSING AND NEIGHBORHOOD SERVICES Noel C. Télylor Municipal Building 215 Church Avenue, SW. Room 162 Roanoke, 'virginia 24011 S40.8'l1.2J44 fax ~"o.85.~.6597 August 21, 2006 The Honorable C. Nelson Harris, Mayor The Honorable David B. Trinkle, Vice-Mayor The Honorable Alfred T. Dowe, Jr., Council Member The Honorable Beverly T. Fitzpatrick, Jr., Council Member The Honorable Sherman P. Lea, Council Member The Honorable·Gwen W. Mason, Council Member The Honorable Brian J. Wish neff, Council Member Dear Mayor Harris and Members of City Council: Please accept this request for time on City Council's agenda to present the annual report of the Fair Housing Board for 2005-2006. The report will be presented by the Fair Housing Board Chairperson, Nancy Canova. Sincerely, acr~ Angie Williamson, Staff to Fair Housing Board Housing Development Specialist City of Roanoke Fair Housing Board 2005-2006 Annual Report The Fair Housing Board is pleased to report its activities during the past year. First, the Board will report on the three issues raised by Council in response to its 2004-2005 annual report. The first issue involved Council's request for the Fair Housing Board to seek a meeting with the President and Publisher of The Roanoke Times to determine the policy of the newspaper on the display of the Equal Housing Opportunity and Equal Lending Opportunity logos in advertisements published in the newspaper. The Board met with the President, the Director of Advertising and Advertising Manager and established a working relationship to increase awareness of fair housing. The Roanoke Times has agreed to ask all persons placing housing-related ads if they wish to have a fair housing logo in their ad. The Roanoke Times has also agreed to inform callers of the Virginia Fair Housing website, and ask if they would like information sent to them. The Roanoke Times Advertising Manager requested fair housing training for the advertising staff. The Fair Housing Board made arrangements for the training of eighteen Roanoke Times advertising staff. The Roanoke Times staff have been responsive to the Fair Housing Board and continue to contact the Board regarding the legality of certain ads. The second issue that Council asked to be informed of was the response by local radio/TV stations to broadcasting/televising fair housing public service announcements. The Fair Housing Board sent letters offering to provide the PSAs. If there was no response, an e mail was sent as follow up. Finally the Board made telephone contact with stations. Most stations asked to have the PSA materials. Since the TV PSAs prepared by the Ad Council expired on December 17, 2005, the Board dropped the issue with the two TV stations that had not responded by that time. Fortunately there is no expiration date on the radio PSAs. The Board believes that contact with the TV and radio stations generated interest in providing more detailed broadcast opportunities. In January all Clear Channel radio stations in Roanoke and Lynchburg, i.e., WROV, WYYD, WSNV, WSNZ, WGMN, WVGM, WJJS, WJjX, and WZBL, aired a 25-minute interview with the secretary of the Fair Housing Board. In March RVTV taped a five-minute segment which ran throughout the month of April. In April WDRL 24's "Our Voices" taped an half-hour show on fair housing. The third issue that Council asked for was a status on the fair housing complaints pending at that time in the Federal Court system. The federal court case against the HUD worker was dismissed allowing the Justice Department to proceed. The Department of Housing and Urban Development (HUD) originally referred the three fair housing complaints (two tenants and NAACP) as one to the Justice Department where it remains today. The Justice Department has consistently declined to comment on the status of . these matters. In May, the Fair Housing Board requested the City Attorney's office to seek the assistance of Representative Bob Goodlatte in determining the current status of the complaints. The City Attorney's office sent a letter to Representative Goodlatte requesting he look into the matter. Representative Goodlatte responded by letter dated July 18, 2006, that he would contact the City of Roanoke once he received a response from the Department of Justice. Representative Goodlatte's office has informed the City Attorney's office that it should receive a status report on this matter by August 31, 2006. The complaints in this case were filed in July 2004 and now, more than two years later, our citizens still have no resolution to their complaints. The Fair Housing Board had the opportunity to discuss its concerns about the HUD complaint process with Mr. Thomas Day, HUD Region III Fair Housing and Education Outreach Specialist. The Board identified several barriers to individuals filing complaints, including fear of retaliation and no immediate resolution. In addition, the Board expressed concern that it had no way to track complaints unless it was the filer of the complaint. The Fair Housing Board continues to address the impediments identified in the 2001 study by HOME, Inc., Analysjs of the Imoediments to Fair Housinq in Roanoke. Virqinia. Of the forty-two (42) impediments listed in the study, twenty (20) had a recommended remedy of outreach and/or education. These issues fall within the responsibilities that Council has given the Fair Housing Board and are the focus of our activities. The Fair Housing Board in cooperation with its community partners continues to collect data on alleged cases of housing discrimination in order to target its outreach and educational efforts. During 2005-2006 there were twenty-four (24) incidents reported. Five of those cases were filed. Two of those cases complained directly to the City and are demonstrative of the gamut of racial discrimination. One case involved an elderly white woman who indicated that she was being harassed because her daughter was dating an African-American. The second incident involved an African American lawyer, in town on a short-term stay, who contacted the Realtor-owner of a corporate apartment and made arrangements by phone to pick up the keys and drop off the deposit. However, when he arrived in person that same day, the apartment was no longer available. This individual called the City to say he was filing a complaint with HUD. The Fair Housing Board has sponsored three training sessions this year. ':4re You Breaking the Law?" targeted "hobby" landlords within the neighborhoods in the city's Rental Inspection Program. Forty (40) landlords, five (5) of whom were real estate agents, participated in this fair housing session which was co-sponsored by TAP. The Board chose this segment of the housing industry because they may not identify themselves as property managers and attend training required by Department of Professional & Occupational Regulation (DPOR). Mally Dryden Mason, the Consumer Education Coordinator and Fair Housing Specialist from DPOR conducted the training which provided certification for attendees. Dryden Mason also provided the training for The Roanoke Times ad staff previously mentioned in this report. The Board deemed the "hobby" landlord training to be highly successful, but time-consuming for staff. Even with TAP's help in mailing to the 1,620 non-repeating owners, city staff exceeded the sixteen hours per month dedicated to fair housing. The Board hopes that a way can be found to again offer this training to a population that often falls through the cracks. "Fair Housing Compliance Made Simple" provided general fair housing training with additional emphasis on disability discrimination. Since sixteen of the cases reported to the Fair Housing Board last year and more than seventy-five percent (18) reported this year dealt with disability discrimination, the Board contracted with Michael Allen, Senior Staff Attorney at the Bazelon Center for Mental Health Law, to present a workshop for property managers, real estate agents and REALTORS. The City sought and was granted approval as a proprietary school in order that the twenty-five (25) attendees would be eligible to receive CE credits, post license education or Fair Housing certification for landlords/property managers/maintenance personnel. Michael Allen also made an informal round table presentation to the community agencies and groups that assist the city in collecting fair housing data. He provided his expert advice on the accessibility issues, disability law issues, and other fair housing issues that these agencies had encountered. As part of the Board's outreach efforts and in celebration of Fair Housing month this past April, the Board sponsored a Housing Fair at Valley View Mall. The exhibitors provided the general public with information on the Fair Housing Law and how to file a complaint. Information was provided by NAACP, RRHA, TAP, Bille Ridge Independent Living Center. Legal Aid, HUD, State Fair Housing Office, and the City's Fair Housing Board. Also in April, the Board sponsored a Fair Housing poster contest with Roanoke City schools. The Sth and 6th grade students were asked to draw posters reflecting the information provided about the Fair Housing law and housing discrimination. The first. second and third place winning posters were used as advertisements on the city buses. The first place poster was displayed on the back outside of the bus. The second and third place posters were displayed on the inside of the buses. This mobile advertising will reach more people than renting a billboard, and is less expensive for a whole month than, a one day ad in the local paper. The ads ran on or in fourteen (14) buses for three months. TAP joined the Board in the project by sponsoring billboard space for the first place poster. In addition to the Fair Housing Fair, Fair Housing information and materials were available and distributed at the annual Citizens Appreciation Day, and the first annual Homebuyers Fair. City staff also includes a Fair Housing booklet in all mailings to persons calling Housing and Neighborhood Services requesting literature on how to buy a home. The Board has received and read the National Fair Housing Alliance's (NFHA) recently published "2006 Fair Housing Trends Report", which details their findings of "continuing discriminatory housing practices by real estate agents, including denial of service, steering, illegal comments and the use of schools as a proxy for the racial compositions of neighborhoods". In light of the steering of home buyers away from the city to the county, as reported to Council by the Board in its annual report last year, and concerns expressed by Council in the past about steering away from city schools, the Board has sent a letter to the REALTORS Association asking to establish a dialogue on this local, as well as national, problem. Total Action against Poverty (TAP) received a HUD Fair Housing grant in January 2006. They have a full-time staff person with responsibility for the 5th Planning District. The Fair Housing Board and TAP have already cooperated on several activities and plan to continue doing so in the future. This relationship compliments the work of the Fair Housing Board and expands its limited ability to raise awareness about fair housing in the Roanoke area. CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Tilylor J\1unicipall3uiIJing 215 Church Avenue, S.W.. Room 364 Roanoke, Virginia 24011-1591 Tt.'[I'plhlIW: (5·W) ;':;<;.1-2333 Ln: (5-1(1) 1":;~-11.1l-i City \\'L'l~. w\\'w.n1,1l11\kL'\'a.go\' August 21, 2006 The Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: I would like to sponsor a request from Nancy Canova, Chairperson of the Fair Housing Board, to present the annual report of the Fair Housing Board for 2005 - 2006. Respectfully submitted, Darlene L. Bur City Manager DLB:sm c: City Attorney Director of Finance City Clerk )()NALD S. CAI.D'NElI. l~n,\1,\\n'\VF.AI·T1 rs ATTURt-.:EY ARrA Com S"¡O Tn. Np. Il:'}-:!(j:!f., FA" ll'i:\-1201 CITY OF ROANOKE orrin:: or TI-IE COM,.....10NVVEALTH'S ATTOKNEY J I:> U IUKCH AVE.,ur ROANUKE, VIRGINIA :.!401(, August 14, 2006 Honorable C. Nelson Harris, Mayor and Members of Roanoke City Council Roanoke, Virginia Subject: Cost Collections Unit Dear Mayor Harris and Members of City Council: Please reserve approximately ten minutes at the August 21, 2006 Council Meeting for the Commonwealth's Attorney to do a short presentation of the Cost Collection Department's results for the 2005-2006 Fiscal Year. Thank you for your assistance with this request. Sincerely, ~~ Donald S. Caldwell Commonwealth's Attorney DSC/rpm CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor \1unicipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia :!4011-1591 Tt'h.'~'ho'1t·: (1-1111':-:3;\ 2 rn 1",1\: (=;-III ~:":; 11 .~~ t. ïty \\'d': \\ \\"W.1"1l.1I1tlk\'\ ,1....;"\· August 21, 2006 The Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: I would like to sponsor a request from Donald S. Caldwell, Commonwealth's Attorney, to present cost collection results for fiscal year 2005-2006. Respectfully submitted, Darlene L. Burcham City Manager DLB:jb c: City Attorney Director of Finance City Clerk e. CITY OF ROANOKE COST COLLECTIONS UNIT Fiscal Year 2005 - 2006 e, Page: INDEX . , 1 - Summary of Cost Collection Effort for Fiscal Year 2005-2006 2 - Four-Year Comparison of Cost Collection Effort 3 - Chart: Four-Year Comparison of Cost Collection Results for Roanoke City 4 - Four-Year Comparison of General District Court Delinquent Collections 5 - Chart: General District Court 4-Year Comparison 6 - Four-Year Comparison of Circuit Court Delinquent Collections 7 - Chart: Circuit Court 4-Year Comparison 8 - Four-Year Comparison of Juvenile & Domestic Court Delinquent Collections 9 - Chart: Juvenile & Domestic Court 4-Year Comparison · SUMMARY OF COST COLLECTION EFFORT FOR FISCAL YEAR 2005 - 2006 GENERAL JUVENILE DISTRICT CIRCUIT & DOMESTIC COURT COURT COURT Total Delinquent Referred $893,132.08 $499,535.09 $94,156.17 Total Delinquent Collected 460,982.02 181,094.11 29,091.55 % of Total Delinquent Referred 51.61% 36.25% 30.90% State 377,336.05 157,261.80 25,717.06 % oITotal Delinquent Collected 81.85% 86.84% 88.40% Local 83,645.97 23,832.31 3,374.49 % oITotal Delinquent Collected 18.15% 13.16% 11.60% COLLECTION FEE BREAKDOWN 35% from State 133,732.61 55,091.84 9,087.89 35% from City 29.6~5.90 8,3ß66 J..1.87~ · 35% to Cost Collections from 163,378.51 63,435.50 10,274.95 Total Delinquent Collected BUDGET EXPENDITURE 48.123.36 18.685.01 3.026.50. EXCESS REVENUE 115,255.15 44,750.49 7,248.45 SPLIT 50/50 WITH STATE 57,627.58 22,375.24 3,624.22 TOTALS FOR ALL COURTS $1,486,823.34 $671,167.68 45.14% 560,314.91 83.48% 110,852.77 16.52% 197,912.34 39..1lM2 237,088.96 69.83tlZ 167,254.09 83,627.05 YEAR-END RESULTS FOR ROANOKE CITY LOCAL DELINQUENT COLLECTED 83,645.97 23,832.31 3,374.49 110,852.77 MINUS 35% COLLECTION FEE 2.9..645 90 8.M3.66 J,187.06 39~J76.62 54,000.07 15,488.65 2,187.43 71,676.15 PLUS SPLIT 57.627.58 22.375.2~ 3,624.22 83,627.05 TOTAL REVENUE TO LOCALITY $111,627.65 $37,863.89 $5,811.65 $155,303.20 ADDITIONAL INCOME TO CITY ($155,303.20 -110,852.77) = 1 44,450.431 The ACTUAL COST OF COLLECTION is the Budget Expenditure of $69,834.87 which results in a Collection Cost Percentage of -10.40% · Page 1 FOUR-YEAR COMPARISON OF COST COLLECTION EFFORT · FY FY FY FY 2002-03 2003-04 2004-05 2005-06 Total Delinquent Referred 1,198,968.73 1,537,367.75 1,686,510.54 1,486,823.34 Total Delinquent Collected 556,359.92 599,302.69 735,345.28 671,167.68 % of Total Delinquent Referred 46,40% 38.98% 43.60% 45.14% State Delinquent Collected 471,056.48 500,187.81 622,152.76 560,314.91 % of Total Delinquent Collected 84.67% 83.46% 84.61 % 83.48% Local Delinquent Collected 85,303.44 99,114.88 113,192.52 110,852.77 % ofTotal Delinquent Collected 15.33% 16.54% 15.39% 16.52% COLLECTION FEE BREAKDOWN 35% from State 163,279.24 176,822.25 213,200.67 197,912.34 35% from City 29,868~ 35,540.27 40,041..8.8 3.9,.176.62 · 35% to Cost Collections from 193,147.49 212,362.52 253,242.55 237,088.96 Total Delinquent Collected BUDGET EXPENDITURE 59.442.24 62.180.09 65.259.83 69.834.87 EXCESS REVENUE 133,705.25 150,182.43 187,982.72 167,254.09 SPLIT SO/50 WITH STATE 66,852.63 75,091.22 93,991.36 83,627.05 YEAR-END RESULTS FOR ROANOKE CITY LOCAL DELINQUENT COLLECTEC 85,303.44 99,114.88 113,192.52 110,852.77 MINUS 35% COLLECTION FEE 29,86ß...2.5 35,~Q,27: ~Q,041.88 39.176.62 55,435.19 63,574.61 73,150.64 71,676.15 PLUS SPLIT WITH STATE 66,852.63 75.091.22 93,99.1..3.6 8~,6.27.QS TOTAL REVENUE TO LOCALITY 122,287.82 138,665.83 167,142.00 155,303.20 ADDITIONAL INCOME/LOSS $36,984.38 $39,550.95 $53,949.48 $44,450.43 · TO CITY 43.36% 39.90% 47.66% 40.10% Page 2 · " " w w w ::> ~ " ~ >- oæ~ u " I~ w w ~ ~[¡:J ~ .. u " w z U ...J Uo::::c( " w " OWW U 5 > u~::j~g w z u ~ " I-zOWo ,~ >- " w >- ~ W zouul- " W Z ~ " ~¡:::!Z~w ~ ~ w z " u z ~ z " x w oowu..~ w " w > Q " Z w zW=>°UJ ~ ~ ~ ~::l~t::> ~ u w Q ~ "i Q >- g oO_....IW W ~ U...Ja..o::: ~ ~CJ)~Cf.l...J " U Z ~ >- ::> "''' . . . 0 . ~~tü3b ":Eza..1- "_0. >- ~ (Do~~~g~ ., ON ø1<Ci r-.:M !:: ~ 'IONl'-NO :gCO....IOIDM U oO~.--(,,)lri" N;: I'-fXIo~ W .. .. :.:: 0 lð 0:: 0:: 0 I~ 'I- '--, "'~r~g .=> ~ (/) ON O"-N ~ "01 I00!0V W ~;;. :=i~~ 0:: ..... ,1"--0l01O Z ;;; ;;; · 0 ¡::: U ~ w < '--' W ~ --' " ;0 < u I~ ~ ~ ·0 U 'IL ro~-r CONCO CO I~ ~ -.:iÒ.v ll':i 0 ~.-..."r-- <0 ~ O"":Ill:'-q <0. OO)Ll)C') CO ,0 NCl)c?lO (I') .. - I~ .. .:2 0 U 0:: « W >- , 0:: V iOCI) MoN => ~,,"!'C~ro 0 :; OMCX)IO I'- "010(") CO IL 0 J ~ N(")CO'<t N ~.ogj.o<oN CO IOION .. - .. ~ !! 0 ~ 0 0 spu.snOIU · Page 3 · FOUR-YEAR COMPARISON OF DELINQUENT COLLECTIONS in ROANOKE CITY GENERAL DISTRICT COURT FY FY FY FY 2002-03 2003-04 2004-05 2005-06 Total Delinquent Referred 629,685.13 970,327.75 1,057,455.78 893,132.08 Total Delinquent Collected 364,581.09 412,920.30 514,122.62 460,982.02 % of Total Delinquent Referred 57.90% 42.55% 48.62% 51.61% State Delinquent Collected 301,564.34 335,202.61 427,021.27 377,336.05 % of Total Delinquent Collected 82.72% 81.18% 83.06% 81.85% Local Delinquent Collected 63,016.75 77,717.69 87,101.35 83,645.97 % of Total Delinquent Collected 17.28% 18.82% 16.94% 18.15% COLLECTION FEE BREAKDOWN 35% from State 104,027.95 119,944.55 147,996.84 133,732.61 · 35% from City 22 055.25 27 260.59 30.384.25 29.645.90 35% to Cost Collections from 126,083.20 147,205.14 178,381.09 163,378.51 Total Delinquent Collected BUDGET EXPENDITURE 38.802.82 43.1 01.90 45.968.26 48.123.36 EXCESS REVENUE 87,280.38 104,103.24 132,412.83 115,255,15 SPLIT SO/50 WITH STATE 43,640.19 52,051.62 66,206.42 57,627.58 YEAR-END RESULTS FOR ROANOKE CITY LOCAL DELINQUENT COLLECTEC 63,016.75 77,717.69 87,101.35 83,645.97 MINUS 35% COLLECTION FEE 22.055.25 27.26.0.5.9. 30,31l4.2S 29Ms.90 40,961.50 50,457.10 56,717.10 54,000.07 PLUS SPLIT WITH STATE 43.640.19 .52..0.51.62 66,206.42 57.627.58 TOTAL REVENUE TO LOCALITY 84,601.69 102,508.72 122,923.52 111,627.65 · Page 4 · · c: o Ul .¡: C1l a. E o o ..... w m ~ ( )U >-~ , . 'Væ t- :J il o~ OJ:! . ro - . 0]9 .- <Il I~ IJ · I-T L . I w 1" . ~ ~ ro ¥ 0- ~ * " ~ Õ ro ¡:: 0: U 0- j; ~ j; ¡;; ~ 0 !3- >- . 0 EI 0 ---¡- I -.J !. M N o SUO!II!VIl Page 5 U> E " ~ ~"O~ ~Ü"C ~""'Q)Q.l -ClV..s?=Õ .- E QJ 0 Q.l ~t=a::~~ rororo.sü --oõo~ ~}-J-""'D t--.NN 0 U)~N("')Q)a" °LOI.O.....~..... ~ - -Meta o~(J)(O.,...: 01'-("') co 'V 10 N": . NN o CD ("') 0 l()~cnLO~ò' °covv. -N ~ ·o/'-v<p ðI""COI.O.....Q') dO) ("') o.lt') '¢ N~N·...... 0:)1"-00°0 "ItIcnI'-NN?F- O! N C't)(J) I.() M'......-ÑciN~ oll')a>t--.....N o81, ")CJ)voq- NriN" M1""'~:gro* 0'..... COLOO '¡~~m·~C') NcnLO (0 . OMI'-NC")t'-- °cov_co lO N N0N · FOUR-YEAR COMPARISON OF DELINQUENT COLLECTIONS in ROANOKE CITY CIRCUIT COURT FY FY FY FY 2002-03 2003-04 2004-05 2005-06 Total Delinquent Referred 490,925.23 487,842.91 548,866.79 499,535.09 Total Delinquent Collected 163,404.89 165,187.73 191,588.85 181,094.11 % of Total Delinquent Referred 33.29% 33.86% 34.91% 36.25% State Delinquent Collected 143,817.43 146,859.15 168,243.22 157,261.80 % of Total Delinquent Collected 88.01% 88.90% 87.81% 86.84% Local Delinquent Collected 19.587.46 18,328.58 23,345.63 23,832.31 % of Total Delinquent Collected 11.99% 11.10% 12.19% 13.16% COLLECTION FEE BREAKDOWN 35% from State 50,262.65 50,650.27 55,721.53 55,091.84 · 35% from City 6829.76 7207.84 8680.10 8 343.66 35% to Cost Collections from 57,092.41 57,858.11 64,401.63 63,435.50 Total Delinquent Collected BUDGET EXPENDITURE 145JO.51 Í-6,9~0.95 1.6,59_6.1.0 1.8,685M EXCESS REVENUE 39,521.90 40,917.16 47,805.53 44,750.49 SPLIT SO/50 WITH STATE 19,760.95 20,458.58 23,902.77 22,375.24 YEAR-END RESULTS FOR ROANOKE CITY LOCAL DELINQUENT COLLECTED 19,587.46 18,328.58 23,345.63 23,832.31 MINUS 35% COLLECTION FEE §J!Z9.I6 1,207.84 8.680.10 8.343.66. 12,757.70 11,120.74 14,665.53 15,488,65 PLUS SPLIT WITH STATE 19.760.95 20,458.58 23.902.77 22.375.2~ TOTAL REVENUE TO LOCALITY 32,518.65 31,579.32 38,568.30 37,863.89 · Page 6 Page 7 · FOUR-YEAR COMPARISON OF DELINQUENT COLLECTIONS in ROANOKE CITY JUVENILE & DOMESTIC COURT FY FY FY FY 2002-03 2003-04 2004-05 2005-06 Total Delinquent Referred 78,358.37 79,197.09 80,187.97 94,156.17 Total Delinquent Collected 28,373.94 21,194.66 29,633.81 29,091.55 % of Total Delinquent Referred 36.21 % 26.76% 36.96% 30.90% State Delinquent Collected 25,674,71 18,126.05 26.888.27 25,717,06 % of Total Delinquent Collected 90.49% 85.52% 90.74% 88.40% Local Delinquent Collected 2,699.23 3,068.61 2,745.54 3,374.49 % of Total Delinquent Collected 9.51% 14.48% 9.26% 11.60% COLLECTION FEE BREAKDOWN 35% from State 8,988.64 6.227.43 9,482.30 9,087.89 · 35% from City 983.24 1 071.84 977.53 1 187.06 35% to Cost Collections from 9,971.88 7,299.27 10,459.83 10,274.95 Total Delinquent Collected BUDGET EXPENDITURE .3.068.90 2,13.U~ 2,695.41: ~,026.50 EXCESS REVENUE 6,902.98 5,162,03 7,764.36 7,248.45 SPLIT SO/50 WITH STATE 3,451.49 2,581.02 3,882.18 3,624.22 YEAR-END RESULTS FOR ROANOKE CITY LOCAL DELINQUENT COLLECTED 2,699.23 3,068.61 2,745.54 3,374.49 983.24 1.071.6~ 977.53 1.187.06 1,715.99 1,996.77 1,768.01 2,187.43 3,'15-1.49 2.581.02 3,882.11.\ 3.624.22 5,167.48 4,577.79 5,650.19 5,811.65 MINUS 35% COLLECTION FEE PLUS SPLIT WITH STATE TOTAL REVENUE TO LOCALITY · Page 8 · · c: o <Il .:: III Q. E o '0 iæ '>- , """ I~ $ o~ _ u 0.. .- ø .... ~ - 0 1J)ü: 05 o <Il~ c:~ o œ .- ~ -1;; III - _<n Q) a::: o IgJ E ,0 I~ Q) It · '--.. ø E ~ E ~ œ a. I~ ! .~ ~ 0- 0- J. 0 0 0 u_1 Il " ~ ~ 0; lii = - 0 & u - jj l' 0 {:. 0- I l I -L - 0 0 N I 0 . 0 0 0 ro spuesnoLU ª Page 9 U> ë ( E » n:l1:Ii 0.. ( .2't:g~ uG>.æ=õ .- E Q) 0 Q) ~f=a:~:¡s roygyg~ü -ooo0;:R t-t-I-I-o a)r--CONo co.o"-l.Om~ n ..-.....~o ~N~·ari'¢_~O'.! 0: IJ") en ,.. 0 o M '" ø o ~ t()1l)~~;:I;# 0«i..... ....._<0_<0 " - ·00)0) è!;:§:liDCON<ri o M '" <o.....r--l.Oo v; """ en m;;::: dM 0..... ......<0 IIN. .o).....r-- g~~,....N<.O o N N m co 'It 0 M~Q)l.O~ø" o to N M. _..... ' ·OCOtON ~~<D""'Ncri o M '" 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 August 24, 2006 File #60-472 JesseA. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Budget Ordinance No. 37505-082106 appropriating $121,579.00 from the Commonwealth of Virginia through the Compensation Board Technology Trust Fund to be used for technology upgrades and a scanning project in the Office of the Clerk of Circuit Court, and amending and reordaining certain sections of the 2006-2007 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, August 21, 2006, and is in full force and effect upon its passage. ~y~ l. ~ Mary F. Parker, CMC City Clerk MFP:ew Attachment pc: The Honorable Brenda S. Hamilton, Clerk of Circuit Court Darlene L. Burcham, City Manager Sherman M. Stovall, Director, Office of Management and Budget L:ICLERK\DATAICKEW1\AGENDA CORRESPONDENCElagenda correspondence 06\Aug 06\Aug 21 06 cor.doc ~\\) IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of August, 2006. No. 37505-082106. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia through the Compensation Board Technology Trust Fund for the technology upgrades and scanning project in the Office of Circuit Court Clerk, amending and reordaining certain sections of the 2006-2007 Grant Fund Appropriations, and dispensing with the"second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2006-2007 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Furniture and Equipment >$5,000 Revenues Comp Board Tech Trust Fund FY07 35-120-5152-9005 $ 121,579 35-120-5152-5152 121,579 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. A~..., 9. ~ City Clerk. i-\.C~ o~ OF CLERK OF Cmc{Jl1' COD: ~» /;~ ~~~~ ~/;~:,,~'Þ';":·'~\ t~:ti' =;~ ~~' .,i,.,'f'l \lt4t'9~..1 ·~w...'^~··~~ d."' ~,,"""';_ CIRCUIT COURT OFTHE CITY OF ROANOKE TWENTY,THIRD JUDICIAL CIRCUIT OF VIRGINIA Criminal: (540) 853·6723 Civil: (540) 853·6702 315 Church Avenue. S. W. PO. Box 2610 Roanoke. Virginia 24010 BRENDA S. HAMILTON CLERK August 21, 2006 Honorable C. Nelson Harris. Mayor Honorable David B. Trinkle, Vice Mayor Honorablc. Bevcrly T. Fill.p:ltrick. Council Membcr Honorable Alfred T. Dowe. Jr., Council Member Honorable Sherman P. Lea. Council Member Honorable. Gwcndolyn W. Mason, Council Member Honorable Brian J WishnefT, Council Member Dear Mayor Harris and Members of City Council: Subject: Technology Upgrades and Scanning Project Background: The Clerk of Circuit Court is responsible by statule, fOT the recordation of legal instrwnents. These instruments include: Land Tecords. Marriage Licenses. Financing Statements. Assumed Names. Wills and other Probate Records, and Law. Chancel)' and Criminal OrdeTs. These records must be maintained and be available to the Public. The Clerk of the Circuit Court inteuds to replace eight (8) microfilm readeT/printers currently belllg used by both tlle general public and staff. These units arc iu excess of twenty (20) years old. They arc no longcr reliable mId are constantly breaking down, causing unacceptable delays in obtaining information and providing copies. TIICSC units provide the only access to land records, wills. marriage licenses, coun orders etc. from the years U~K"¡-1991 or later in some cases. The ability to access these records for inspection and copying is of the highest prioTity. Each reader/primer has a debit card reader attached. lllis debit card system insures thal all copies made from lhese unils are paid for. Copy fees are an impot1anl revenue source for the Circuit COUrI Clerk's Oflice. The current debit system is also over twenty (20) yeaTS old and can no longcr be supponcd by thc vendor. The encoder unit has ceased to function and cannot be repaired. The cost for Teplacing the reader/printers and installing a new debit system is estimated at $100000. TIle Clerk of Circuit Court is also undertaking a major upgrade in eqlllpment used to access ItS Case Management System provided by the Supreme Court of Virginia. Seven (7) new pc units. three (3) new complete work stations. three (3) printers and one (l) new complete vie\\' station arc scheduled to be installed this fall. TIle cost for tllese upgrades is $8,579. HonoTable Mayor and Members of City Council Angusl 21, 2006 Page 2 TIIC Clerk of Circnit Coun is preparcd to begin a back scanning projcct involving the Judgments rccorded in the C1eTk's Office. Initial funding for this project has been prcviously approved by City Council. To completc tlus important prqject, additional fWlds arc needed. The required additional funding is estimmed at $13,000.00. It is imponant to note that the cost of all of these projects will be reimburscd through funds made available by the Technology Tmst Fund of the Commonwealth of Virginia Compensation BoaTd Considerations: 'n,e Circuit Coun Clerk's Office is mandated by the Code of Virginia to provide acccss to tile varions records under its caTe. for inspection and copyiug. TIle approval of all tllese projects is impemtive for the Clerk's Office to meet its required objectives. Funding is available thTOUgh the State Compensation Board. Recommended Action: Accept funding from Compensation Board Technology Tmst Fund in the amount of $ 121,579. Adopt the accompanying budget ordimnce to establish a revenue estimate in tile amount of $121 ,579. and appropriate funding in the same amount to an expendituTe account to be established by the Director of Finance in the Grant Fund. ~":;':S~' flSH:csf c: Darlenc L. Burcham, City Manager William M. Hackworth. City Altomey Jesse A. Hall. Director of Financc CITY OF ROANOKE OFFICE OF THE CITY MANAGER Not'l C Tay!." Municipal Building 2:15 Churdl Avenue, S.\V.. Rllom 36..J. Roanoke, Virginia 24011-1591 TI..·It'phorll': . (5·lll¡1'l53-2:n:-\ ¡':,l': (5.. .ll,.'-\::i.l-1DS C:ity \\'~>b: \\"\\"\\'.nl'11l¡)!.;l?\'a.,l~II\' August 21, 2006 Honorable C. Nelson Harris, Mayor Honorable David B. Trinkle, Vice Mayor Honorable Beverly T. Fitzpatrick, Jr., Council Member Honorable Alfred T. Dowe, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Brian J. Wishneff, Council Member Dear Mayor Harris and Members of City Council: Subject: Technology Upgrades and Scanning Project C006-0005 I concur with the recommendation from Brenda S. Hamilton, Clerk of Circuit Court for the City of Roanoke, with respect to the subject reference above and recommend that City Council accept funding from Compensation Board Technology Trust Fund in the amount of $1 21 ,579. I also recommend that City Council adopt the accompanying budget ordinance to establish a revenue estimate in the amount of $121,579 and appropriate funding in the same amount to an expenditure account to be established by the Director of Finance in the Grant Fund. Respectfully submitted, /";- Darlene L. BurG City Manager ~.. DLB:jb c: Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance 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 August 24, 2006· File #144-277 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No.3 7506-082106 authorizing acceptance of the gift of a Green Machine sidewalk sweeper from Downtown Roanoke, Inc., as more fully set forth in a letter from the City Manager addressed to the Council under date of August 21 , 2006. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 21, 2006. S/lY,.., 1 L Mary F. Parker, CMC City Clerk MFP:ew Attachment pc: Jesse A. Hall, Director of Finance Robert K. Bengtson, Director, Public Works Sherman M, Stovall, Director, Office of Management and Budget David Diaz, President, Downtown Roanoke, Inc., 213 Market Street, S. W. Roanoke, Virginia 24011 Mark D. Jamison, Transportation Division Manager L:\CLERK\DATA\CKEW1\AGENDA CORRESPONDENCE\agenda correspondence 06\Aug 06\Aug 21 06 cor.doc "- -6 \;' ~ q,\'\~'" IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of August, 2006. No. 37506-082106. A RESOLUTION authorizing the acceptance ofa gift ofa Green Machine sidewalk sweeper from Downtown Roanoke, Inc. BE IT RESOL VED by the Council ofthc City of Roanoke that: 1. The gift of a Green Machine sidewalk sweeper from Downtown Roanoke, Inc. ("DRI"), as set forth in the City Manager's letter dated August 2 l, 2006, to this Council is hereby ACCEPTED, and by this resolution, City Council expresses its appreciation to DR! for the gi ft. 2. The City Manager, or her designee, is hereby authorized to execute any and all requisite documents pertaining to the City's acceptance of the gift, such documents to be approved as to form by the City Attorney, and to furnish such additional information as may be required in connection with the City's acceptance of the gift. An.... .J.~ City Clerk. CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C Taylor Municipal Building 2"15 Chun.::h ^ \'C 11 UL\ S. \'1/., Room 364 R0anokc, Virginia 24011-1591 Tt']l'11h(1l11..': (5·1n) S5J-::!333 Fax: (54()jS:';1-1I.1S City \\,\'h: \\·\\·\\·.nl,lnokl'\'a.~(l\" August 21, 2006 Honorable C. Nelson Harris, Mayor Honorable David B. Trinkle, Vice-Mayor Honorable Beverly T. Fitzpatrick, Jr., Council Member Honorable Alfred T. Dowe, Council Member Honorable Sherman P. Lea, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Brian J. Wish neff, Council Member Subject: Acceptance of Green Machine Sidewalk Sweeper for use in cleaning the Central Business District Dear Mayor Harris and Members of City Council: Background: On November 30, 2000, Downtown Roanoke, Inc. (DRI), and the City of Roanoke entered into an agreement wherein DRI purchased a "Green Machine'" sidewalk sweeper for use by the City in cleaning sidewalks downtown. The sweeper, known as "Big Lick," has been in use since that time and has been effective in improving the cleanliness of the downtown. The City has been responsible for the operation, maintenance, repair and supplies for the machine. In June 2006, DRI wrote a letter of thanks and appreciation for the operation of this equipment and the positive impact that its use has had on downtown. Downtown Roanoke, lnc. also expressed an interest in donating this machine to the City. Considerations: In accordance with City Code Section 2-263, acceptance of this equipment requires Council action as the equipment is valued at more than $5,000. Maintenance of the equipment has been and will remain the responsibility of the City; thus, no additional maintenance costs will be incurred. The Honorable Mayor and Members of Council August 21, 2006 Page 2 Recommended Action: Adopt the accompanying resolution authorizing the City Manager, on behalf of the City, to accept the Green Machine sidewalk sweeper from DRI, and thanking DRI for its donation. Respectfully submitted, Darlene L. Bur City Manager DLB: SLT: gpe c: William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Sherman M. Stovall, Director of Management & Budget Robert K. Bengston, P.E., Director of Public Works Mark D. Jamison, P.E., Transportation Division Manager CM06-00 146 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 August 24, 2006 File #24-144 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 37507-082106 amending, reordaining and repealing certain sections of the Code of the City of Roanoke (1979), as amended, for the purpose of updating and clarifying the City's solid waste ordinance. The above referenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 21,2006, and is in full force and effect upon its passage. 7\:, l ~ Mary F. Parker, CMC City Clerk MFP:ew Attachment L:ICLERKlDATAICKEW1\AGENDA CORRESPONDENCElagenda correspondence 06\Aug 06\Aug 21 06 COLdoc Darlene L. Burcham August 24, 2006 Page 2 pc: The Honorable James R. Swanson, Chief Judge, Twenty-ThirdJudicial Circuit of Virginia The Honorable Jonathan M. Apgar, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Robert P. Doherty, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable William D. Broadhurst, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Clifford R. Weckstein, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Charles N. Dorsey, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Julian H. Raney, Jr., Chief Judge, General District Court The Honorable Vincent A. Lilley, Judge, General District Court The Honorable Francis W. Burkart, III, Judge, General District Court The Honorable M. Frederick King, Judge, General District Court The Honorable Jacqueline F. Ward Talevi, Judge, General District Court The Honorable Joseph P. Bounds, Chief Judge, Juvenile and Domestic Relations District Court The Honorable John B. Ferguson, Judge, Juvenile and Domestic Relations District Court The Honorable Joseph M. Clarke, II, Judge, Juvenile and Domestic Relations District Court The Honorable Philip Trompeter, Judge, Juvenile and Domestic Relations District Court Sheila N. Hartman, Assistant City Clerk, (For transmittal by electronic mail to Municipal Code Corporation) Municipal Code Corporation, P. O. Box 2235, Tallahassee, Florida 32316 Ronald S. Albright, Clerk, General District Court David C. Wells, Clerk, Juvenile and Domestic Relations District Court Kozuo Webb, Office of the Magistrate Lora A. Wilson, Law Librarian Jesse A. Hall, Director of Finance Robert K. Bengtson, Director, Public Works Sherman M. Stovall, Director, Office of Management and Budget Frank W. Decker, III, Division Manager, Solid Waste Management . L:\CLERKlDATAICKEW1\AGENDA CORRESPONDENCElagenda correspondence 06\Aug 06\Aug 21 06 cor.doc ~~~()\Q ([, ~~\ IN THE COCNClL OF TIlE CJTY OF ROANOKE, VIRGlJ\TJA, The 21st day of August, 2006. No. 37507-082106. AN ORDJNANCE amending and reordaining §14:J-1, Definitions, § ]4.1-3, Littering, §]4.1- 15, General container requirements, §] 4.l-J 6, Placement for collection generallv, §] 4.1-17, Placement of hn¡t;h. hulk brush and l~wn rakiIH!S for collection, § 14.1-18, Time ofp]acement of individual refuse containers and recyclable containers fOT collection, § 14.1-19, Collection in central business district. § 14.] -2], Certain solid waste not to be collected - Generallv, §] 4.1-22, Same- Brush. and § 1 4.1-23, Placement and collection of hulk items and brush, §] 4.1-24, Violation - civil penaltv, § I 4.] -54, Genera! l'Tohibition, and § 14.1-55, Notice to Remove, and repealing § 14.1-4, When bulk containers required. and § 1 4. 1 -44, Rate regulation: submission of Tate schedules, of Chapter 14.1, Solid Waste M:lJJagement. of the Code of the City of Roanoke (1979), as amended. for the purpose of updating and claTifying the City's solid waste ordinance; and ·dispensing with the second reading bv title of this oTdinance. ~ , 13E IT ORDAINED by the Council of the City of Roanoke as follows: 1. Section 14.] -]. Definitions. and §] 4.1-3, Littering, of Article 1, In general, of Chapter ] 4.1, Solid Waste Management, of the code of the City of Roanoke (1979), as amended. are hereby amended and reordained to read and provide as follows: Section 14.1-1. Definitions. AulllOrized persoll s/¡alllllt'all all}' eil)' employee, anypcrson employed by the ciZI' Oil a temporary basis. or any person designated by the cilY, to remove solid waste, or allY person cmployed to provide solid wlIste collection service. fai Automated collectioll container shall mean a container designated by the city manager which shall bc used for automated alld semi-automated collection service. AUlOlllated collcctioll selTice shallmcan collectioll from a street (1I0t all o-ca-solidwastemgmt 8-16-06 alle.\) by the city of automated collection conlainCl"(s) provided by the ci(v, in which all handling is fillZv aulOmated, requiring /10 direct physical contact with Ihe cOlllainer by the collection ·worker. (b) .1uthori=cd perum shall~H-ilny <it)' employee, any perw!l-effiployed by the city on a tel11pomry basis, oHlflÿ- ter~6!HIesigllated b)'the city, to remoye solid ",aste; eHlfl)'-pefSofl lieenseè by the e-it:; to rroyièe bH1k eOnlüifler eollee-!teH-sff.",j{+. f€1 Bmsh shall mean woody or leafy yard debris rcsulting from oTdinary yard maintenance such as trce, shmb or bush trimmings less than thTee (3) inches in diameter and less than four (4) fcct in length. ffrj--BHlk-c-üfflüi.flel'-5höll m¡;an-eitltef-a--Ji·ont loading hull; eontöiRer or a reaf- leöding InIlk eontiliRer fOT the disrosal ",frefuse. fej Bulk item~' shall mean nOIl metûl-bH1k items alld metal bHII[-itell~s any large ifem not placed within an automated collection cOlllainer or individual refi/se contailler, including but /101 limited 10, a major household appliance, large mg, . mallress, hcd ~prings, orfimlilllre. Bulk item shall also include a plastic garbage bag of at least13-gallon capacity which /Ilust bc secured against spillage. fB Central business districI shall mean that area bound cd on thc north by the Norfolk and Western Railroad tracks; on the east by Third Street, S.E.; on thc south by Elm Avcnue, S.E. from Third Street, S.E. to JeffeTson Strcct, by Day Avenue, S.W., from JctTcrson Strcct, to Franklin Road, S.W., and by Marshall Avenue, S.W., fTom Franklin Road. S.W., to Fifth Strcet, S.W.: and on the west by Fifth Strcct, S.W., and shall include all propertics fronting on any of the aforemcntioncd strects. tgj rum I-I Oiltlfflg-t)¡<iIH.'úH: ,: i lier shall-ffie¡;¡HHlletal~-Bntöjner £0 n:;tru€t~-5o-that it-n,ûy-fle-ntec.halli€ölly lifteà-Bntß-H-freHl-]oading eollcction-vel1i€Je. THe unit, eJ(ee ll units in ser\'i<e on the-èöte Oflldortioll hereof, shall HaVe sliding430fS-ell-botH sides and a hinged door ell the te)3. fflj Haamlous lI'aSfe shall mean a "hazardous waste" as dcfincd in scction ] 0,]- 1400 ofthc coùe of Virginia (1950), as amended. ~ Indil'idual refuse container shall mean eiH1eHlnv plastic orro1wtll',lene ~, ~ ~ '" '" '" L." tfle ".nllls oH.41ieh are aHeasttwEi (2) 1lHts-i1l4hi£lmcss, or any wateTtight r.eee llûL>le; with handles, whit>lHs-made of any cOl/lainer made of substantial plastic, ef galvanized metal, or other material acceptable to the city manager,l'lccepli1h1e H/fflcri"l, and whieh-Jlä5 not Jess thall-etgHt (8) nor mOTe thûfr1l1irty five (35) gallon5 ~ cOl/lain ing not more than sixty (60) pounds of refuse or recyciables, and inrended to he emptied ofrefilse or recyclables and rell/rIled 10 its place of collection. ttl Lawn rakings shall mean dehris consisling primariZl' of jeü¥eS hedge trimmings and grass clippings, but not brush or loose leaves. eontainiflg He o-ca-solidw3stemgmt 8-16-06 ') ~ bfafl€he&-bawll-fuktn¡;S '"hich contam-bfilllcAes 5hall-€eß5~ Leafseason shall mean Ihe period of lime from November 1 until December 31 of any calendar year. Loose leaves shallll/ean debris consislingprimarily of leaves resultingfrom ordinary yard mainlenance. f*1 Metill-bllik---item--BJall-mean-a--majeF-h OllSC h 0 I d awhaHc e \Y hi€fl--is f*<',jt'lJJiJJillJtl~tah-suffi-i1s-lHefrigffator, washer, dryer, stove;--water heater,aiF- c-ßHtljt ieHer-tll'-llflÿ-tlt her-ap¡llitrnc-e-rentüifling-ll-feffißefflllt, iI/on-collectable ilem shall mean any ilem Ihm wil/nol bc collected by Ihe cily for disposal, unless otherwise aulhorized by Ihe cily manager. fB Mit-nJetill-bili1HleßJ-5!JatJ-iIle'llll-a-targe rug. Eal'f1ct, earpet-paèèing;-JJJilHFe55; orbed-sj3fin¡;s, la¥~Jetl5eIJeM-f\lffliture;-eHIIl:-4hiHg else whieJHs.not jlrcd omillaHtl y metill-er does not eeffiiIiH--a-FeIflgeHlflt (i1B Occl/pam shall mean any person over the age of eighteen (18) years occupying or residing on any lot elcpareel~Rallè in the city and having, at the time, apparent possession or control theTeof. tfl:ì Owner shall mean any person who, alone, or jointly or severally with others, has: (l) Legal title to any lot er-J"llf€el-ef-lilflè in the city; or (2) ChaTge, care or control of any lot eF-pElffel-DHaOO in the city, as agent or representative of the owner, or as personal representative, trustee or ~uardian of the estate of the owner, but who is not a tenant. Parcel means any real eSlale idenlified by a cily of roanoke official laX number and ineludes Ihe adjoining public right-o.fway which is between the properly line of/he rwl eSTale which is idem!fìcd by a city of roanoke official lax number and Ihe curb or Ihc improved portion of a slreel. Such term shallnOl include any real eSlale (ving in an RA, Residenlial-Agricultural District, as defined elsewhere in Ihis code. (e1 Physically challenged service shall mean specialized collection of refuse or recyclab1es generated by all persons residing in a dwelling unit, at IJO char#; fTom a point of collection approved by the city manager, but which is not curbside or alley side, such sen'ice 10 be provided due to the ph.l~~ical difficul(v or inabili(v of all adull occupants in Ihe dwelling unit to transport refuse and recyclables to Ihe curbside or alley. o-ca-solidwastemgmt 6-16-06 3 (~ Priyate pre 3fflY-5ef¥iee shaU~,elIß-ælJeeti0f! efrefuse-er rec)'e1ables whieh fet¡Hires-a-ffioter-vefri8e-€1JæriRg-B}'lØfl-}lriyate flmJ3éf~tI€h-¡¡s by a èriyeway BT read, ~ ReaHüaèing-ffi¡jli-roffiili Rer-5ÀaH-mealJ-ll-€{ffita if! er whi e h-i5-C-BHStr1Jcteè S0 that-i t~~leffiaflÍ<:-aHy-lifteè-onte-a-rear--loaèing-€oHe<:-tie/l-¥eh i c 1 e. The-llflÍt sHaJl-f¡a¥e-to¡HwèiRg-èeo~--ttI~alf (J 1,'1 )-ifl€ll-èffiill-f>ipe--aßè eæ;tem. The gToss.weight Bf a-rear-leaèiHg-9tllk cmHffiner with s01iè-waste-slJaH-net ~è-føuf-lhOO5aflè-f4,(}OO~ootls, (.¡oj Recyclablcs shall mean those items identified in regulations promulgated by the city manager as recyclable and acceptable to the city for recycling. (.fr) Rccycling COlllüincr shall mean a cart or bin which is provided by or through the city or is otherwise approved by the city manager. ffi-ne-ease shaJl-A recycling container shallllot be larger than thirty-two (32) gallons, unless authorized by the city mallager. fti Refuse shall mean any and all jitter, rubbish, garbage, trash, debris or other offensive or unwholesome substance or materials of any nature whatsoever that is generated at the premises from which it is being collected, W RelI-t1.(.een!eÙier-sHatI-ffl€8n 8 coffiiliHeT--\vhieh is cmJ5trll<:-teè-s&4hnt-i+may be-llleeHani€aHy--ltfteè-Bnte-il-fflotef-Tehi c I e f or-traH5J*ffi1l1i Ðf! und-èi;;pesal-DHhe eoffiatll€Fs-<:-tlHteflts, Sealed compactor shall meall equipmell1 designed to receive lIlId compact refuse, l'revelltlcakage of liquid wastes, lIlId 10 millimi~e of/ellsive odors. Semi-alltomafed collection service shall meall collection ¡¡'om lIn alley or street by the city ofllutomaied collection COll1l1iller(:S:J provided by the city or of individual refuse cOlltailler(.~) in ",hich some halldling by the collectioll worker is required but such worker is assisled by meehallical equipment. M Solid wGSle shall mean refuse, brush, lawn rakings, loose leaves, Tecyclables and bulk items. Trallsfer statioll shall meall the Tinker Creek transfer station located on Hollills Road, N.£., ill the city. Section 14.1-3. Littering. * * * (f) The above subsections notwithstanding, the city manager may o-ca-solidwastemgmt 8-16-06 4 order, in writing, the owner or occupant of any property to remove solid waste found lying or located on the city right-of-way placed there by such person in violation of any provision of this chapter. The order shall be personally scrved on such o\\ner or occupant by the city manager, who shall note the time, place and manner of such service on a duplicate copy of the notice to bc retained by the city manager. In lieu of such personal service, such notice may bc posled on Ihe 0l1'na '.\' properly in a cOll.\picuous locmion and a copy o.lsuch no/ice scnt Ihrough Ihe Uniled SIllies Postal Service by certified mail poslage prepaid, reHffil ft'€eipt-reljUðteè, addrcssed to such owner or occupant at his or her last-known address as set forth in the city's real estate valuation records. The notice shall state the time within which the action or work ordered to be done must be completed, and such time shall not be Jess than twenty-four (24) hours before such responsible owner or occupant shall have received notice of the work ordered to be done. Any owner or occupant receiving such notice shall immediately procecd to remove such solid waste and pro\'ide proofof proper disposal acceplable 10 Ihe cil)' managcr, such as a di.'posal receipl ji'om Ihe Iransfer stalion * * * 2. Section ]4.1-4 of Ar1icle 1, In gcneral. ofChaptcr 14.1, Solid Waste Management, of the Code of the City of Roanokc (1979), as amended, is hereby repca1ed. £eetion14,11, When Iwlk-t'æ*liflffS~. ta~Cpl ill lhe---t.>ffltfaI--Þl±sffi€'55-t1islrict, a11)' ~l\Jsifless, eomrnefC-HH eSh1f>1iffimelll;-ill5H Hl1 ien;-lltnlf\J1l"rn-Imi ItlHlg-f\f-fllH1tifæni 1 y d '!,eI1 iflg~em 'lJe)¡-whiffi is-€l i!,>tbl€-tfHfft'i¥e-iltlIBl1wteè-refuse-t'B lk€ltefHlnd w·hi e h, d uFfflg-aRy-ænsec-mWe four-we,,!;-perioo,flas-at-any-1eñll'¡0l~mge-e :-ekvel1 (11) or more indiviàufll refuse---€BlltftÏrtefS-wfliefi-ilfe--Tlet---autænated coHeetioll cÐlltainers amI are tiflprox.ffln¡tel:; Ðne4ird (l.":' l4H€-swe-ef all a\Jtomatcd celleclioIl-€Oflh1iner, per wed¡, s!J¡¡lJ--B,,-n~¥ired t6 haTe ¡¡ front--leadfflg-ÞuJ].¡-€Ell1taifler7'llIHeSS-lhe cily manager èt>lermffles-tlwtJwlHoffi~-Bl-1eetiefl-ts-i11ll 1J3fO~ati5e-ef.ffla€C~jfflJity-te roHfftiefl-ÿ"hi8es-Df-Sp¡;re-Jifflil¡¡(.jel1S of the prel11is~ fbj E:¡eept in Ihe--t>effiraI---bHsifl€'55-t1istrict, allY IWSffless,--£-tIf11ffiffBal %lilbJi.s1mle11l;-institHtieH,-l>flarltl~g-BH11tHti-famHy-<lwe1Jin¡; e__l~ wlliffi-ts-e1tgibJe to reeei';e auti'>fllilled-ref\Jse eelleetioll seR'iee-aHè "hirA, dming any t Wfle~Jfflg-pefied;--htlS at an)' leñllffl¡T;-llfl-average of mere thall three (3) lI\l1Øffialeè-t'B1Jec-l iBn-rolttail1t'l'S-per-w eel" llElt-ifl€Juding recye lil1g-c-øfllail1er~ rff)'elablcs, shall be requil'eè-le-JlaTe-ll-ffflHl-leaJing bull¡ Wlllnffler.-tlflless the eit)' !ffiIflager determine5-lflat-buJl.¡-rolllainer ceHeeli6n is illilpprepfiate beeause--ef iflHc-eessibility te eollec-tien "ehides or spaee limitations-ef-tl1e- *Cmt5es-fflyol\'ed. o-ca-solid\\'Llstemgml 8-)6·06 5 3. Section 14.1-15, General container rcquirements, § 14.1-16, Placemcnt for collcction !!enerally, §l4.l-l7, Placement of brush. bulk brush and lawn rakinQs for collection, §14.1-18, Timc of placement of individual refuse containers and recvclah1e containers for collection, § 14.1- J 9, Collection in central business district, § ] 4.1-2 l. Certain solid waste not to be collected - Gencrally, § 14.] -22, Samc- Brush, and §] 4. 1 -23. Placement and C0llcction of bulk items and hrush, and § 1 4.1- 24, Violation - civil penalty, of Division I, Generallv, of Anicle n, Collection bv an Authorized Person, of Chapter 14.1, Solid Waste \1ana!!e11lcnt, of the Code of the City of Roanoke (1979), as amended, are hereby amenùed and reordaincd to read and provide as follows: Scetion 14.1-15. Gcneral containerrclluirements. (a) Exœpt ill the celltral busilless district, any owner or occupant of any dwclling unit, business, commercial establishment. illstitution, or other location except tOOse føf-Whielt-iJ-ffiHk-reITlainer-¥.H,et¡uiretl-bÿ-dWfsioll ~ of lhis-ill.tfte; who sets out any Settfr.o.¥liSte-;-buHlØt-reeyelüb!"", nji,se. in eluding lawn rakings and loose leaves, for collection by the ciIy shall placc the same ill an automated collection container, exccpt as provided for in section 14. 1 -17 for loose leaves durillg lea/season and as prol'idedfor ill sectioIl14.J-+J. 23 of this aniclefor bulk items. (b) E,cept ill the celltral husiness districr, any owner or occupant of any dwelling unit, business. commercial eswblishment, institutioll, or other location who scts out any recyclables for collection shall place such recyclables in a recycling containcr, or as otherwise provided. Only recyclab1es shall bc placcd in a recycling container. (c) No intlWidHlH-refuse.ç-etllainer or recycling container. together with the selffi Wil51e-Bf rccyclables therein, shall exceed sixty (60) pounds in weight, excepT as otherwise autlwri:ed by the city manager. eæep~-eeJ.leeltefl-€øntaiJJcrs. (d) An ell/tomated collectioll con({Jiner shall not exceed the fallowing weights when comaining solid waste: Iline()'-six (96) gallon (iwo hUlldred (200) pounds), sixty-four (64) gallon (aile hundred 1l1'enty:(Ìve (l25) pounds), alld thirty-two (32) gallolls (aile hUlldred (l00) poullds). Geffimeretal--estalffi5flmeITlS-ilot llsing btlll¡ rentainers-4tall--ttse-either--iHtli¥ièua1 refllse cÐfltaÎlwrs, or nllt€>ffiatecl fÐIJeetteH C-Bflt nillff&; (c) Ercep( ill (he cen(ral business district, Eeach resiilefltjat-aèèr~ èetermffieè bÿ-t~l~*mallager te-be eligible for dwelling IInit receiving autÐl1lated collcction o-ca-solidwastemgmt 8-11>-0(, 6 service shall receive one (1) automated collection container at no charge. The owner (~( a dwellillg ullit receivillg all10mated collectioll service shall be responsiblefor the loss of the oWller 's all1omoted colle clio II container or the damoge of the same due 10 the O\rner's negligence. Re5tBenttaJ-ilOOresses at which six (6j-BH~ µeHnancntly rŒitle-sflall-reffi¥e-t-W{)--f.!1--ffiltemateè colk€OOA-€eIlHtffiers at no €flar~ Any such dwelling unit may be provided a second aulOmoled collection COll/ainer, UpOIl request by the Oll'l1er o.(such unit, al a cost as set by ci~\' council in Ihe fee compendium. ti5-iif>pt'ffl't¥l-tHui-flmclldeti Þy the ci:.... c81;11cil. In no case, except as provided in seclion 14.1-15(h). shall any r.esHleffii.al-ilàèress dwellillg l//lit receive more than two (2) automated collection containers. 1nlhe case (~( mulriple (hH'lling UllilS llt~._ ilflè--il1-flØ-{:-tlSe-sH&lI-llHÿ-f.esHlClllial addTess identijìed by a single lax map lIumber, 110 more Ihallfour (.¡) aulolllOled collection cOlllainers shall be allowed 01 such loealion. -fHIH'-Rlere-thafl-t\vo (2) llmoll'Jflteè-€eHfftion cORtainers. :r-hf>sei*'ffiØJJS-resitlffig-at llfl-fldtlress-eli!;i~lJ e for, and reeei¥iflg-ffillBffHlted co lIec4ffifl S€H*e-shalJ-.be·respßIlSible-f or-tfle--lBss-eftheir-alltellll1telk:-BHeetffiH-c-oRttliÐer-er-lfle damag¿ of the-salllt'-<1ue4Ð-tfleiHtegJigel*", (J) Excepl ill Ihe celllral business district. each business, commercial establishmclll. illstitl/lioll, or other nOlI-residelllial local ion receiving automated collccliOll sen'ice shall recei¡'e one (1) aUlOmaled collectioll cO/llainer at no charge. AllY such lacalioll may be provided up 10 lWO (!) additional aulomated collection cOll/aillers at a cost as set by ci~v council in thefee compendium. In no case, except as provided in section 14.1 - 1 5(h), shall allY such property ide/llifìed hy a sillgle laX map lIumber receive or hove more ¡/U//l three (3) a/llomaled collectioll cOlllainers. The owner of a bl/siness, cOlllmercial esrablishmellt, inSlilll1ioll or olher 1I0n- residellliallocalion receil'illg ilulOmlued colleclion sen'ice shall he responsible (or Ihe loss oflhe Ulmer·s alllom{J/<.'d collection cOlllainer or Ihe damage oflhe sallie due 10 Ihe owner's negligence. (g) AllY a//lommed collCClioll cOlllaincr(s) provided free ofchwge by Ihe cily and assiglled 10 U 10caIion must remain at Ihallocotion, unless removed by Ihe city. (h) Excepl inlhe cemral busilless dislrict orfor the collection ofrecyclables, Ihe city 1\ÜlllOl pn,,·ide solid 1\'aSle colleclioll sel..icesfor more lllOll/our (4) outomaled colleclioll cOllll1illers m UIlY mu/ollle dwelling Imil residelltiallocaTioll orfor more Ihanlhree (3) a//lomoted colleclioll conwillers many 1I0n-residellliallocmioll, unless the city manager delermilles thaI commercial bulk cOlltainer collection is impraclical hccause ofillaccessihility 10 collectiollvchicles or space limirations of the premises illvolved. 111 such circumstallces. additiollal aUlOmated collection containers lIIay be provided and serviced hy Ihe city as authorized by the city manager. Section 14.1-16. Placement for collection generallv. (a) Except as othelwisc provided, any person placing aH solid waste to be removed by an authorized person under this article shall be placet! the solid waste as close as possible to the public street in the front of ea"h resi~r the principal o-ca-solidwaslcmgmt 8-16-06 7 structure on a-lBt the propertyfrom which the solid waste originated, not in front of an adjoining property. Solid waste set out for collection shall have at least five (5) feel clearance from all vines, Irees, shrubs, vehicles, buildings or other slructures, on all sides. Aulomaled collection conlainers and recyclab]e containers shall be placed so Ihallhe lid opens away from Ihe street and shal] bc placed so that Iraffic is not impeded. * * * (d) Any person who is physically unable 10 transport all refuse and recyclables genera led by all persons residing in a dwelling unit to the locations described in subsections (a) and (b) of this section may apply for physically challenged service. (l) Physically challenged service is available only when there is no person residing in a dwelling unit \\'ho is physical]y able to transport the automaled collection container to the localions described in subsections (a) and (b) of this section. (2) Any person applying for physically challenged service must present sufficient meùica] evidence consisting of a medica] doctor's certification, on forms J*O\~d-by accepTable to the cily manager, that all persons residing in a dwelling unil arc unable to transport to the locations described in subseclion (a) and (b) of this section, all refuse and recyc]ab1es generaled by those persons residing in a dwelling unit with the person applying for said service. (3) Any person receiving physically challenged service must notify the manager of the departmenl of solid waste management within thirty (30) days, if the person, or any person living in the dwelling unit with him or her, becomes ineligible for physically challenged service althe subject address due to improved health, relocation of the person receiving such service, or any olher reason. e) :\ny peræn ·?'Ae resièes en a leH'>r-par.c-eH;ef\o'eè-sele1y BY either a privat€ dr.we·...'a:.. er a tJri¥tlte-rood-maÿ-ilppJy t1õlr ptWate-J*Operty-serviee. (I) ,^.i1ÿ-pffStln--apj31yiflg-fer-pnvate property service mllst e:¡eŒle-ûfl fl'ðeemell'--'=p~-feffll-1w-1h~'e!easifliHffiè4>C<ecil1n 10 ... ., "'J"" p' '" J' ..... ~.~. :;: iHdefllnify the citr,-aOO its officers, emp]oyee5-ilflè-ag~amages ilfi5Ìng-eul-ilf-¡he-performaflee ef.pr~ef\·iee. ~n-oot-rffei¥Ìng-pFÌ¥llte-preperty sm'ice Ofl March 1, ] 993, may-nOl--apply-for slleh service, unless Ihat persofl resides Ofl a 101 or par.eel st'F\'ed sElIe])' BY either-a-pri¥llte-èrivcway er read, onè two (2) or fl]OFe dwelling llflits-served by Ihe private driveway or road-reecive suc-lt-pfi¥ate J*Open)' service. o-ca-solidwastcmgrnt 8-16-06 8 f-B .\A)' person recei\'ing---pr+vat~rYice mllst reAew His agreement-Witfl-lh~asHr. (I) In tHC Œse of_multt-fllffiHy-dWt'~5te-aHè-r€€ÿ€lilbles sHlIlI Ðe-p1~ocation~esi¡;nated-by-tHe-åty-mllnllger. Ifno-loc-llliBn is so sesignate&, refuse liAS rec)'clllbles-s}¡¡¡ l-Ѐ-p!ilffd--ifl-¡¡-ffiilAAer seseribed in subse€liOAS (a) aAd fbf-eHhis seetioIr. Section 14.1-17. Placement of brush. bulk brush. lawn rakings and loose leaves for collection bl' the citl'. (a) Brush. All brush to be collected and rcmoved shall bc p]accd in an automated collection container for collection by an authorized person. An amou')t of brush too large for an automated collection comaincr shall be subject to collection pursuant to scction 14.1-23 of this code. (b) Bulk i/ellls. All bulk items shall be placed at the curb for collection pursuant to seciion 14.1-16, or in an automated container. A plas/ic bag containing on(1' leaves shall no/ be considered a bulk i/elll during leaf season. (c) Lawn rakings. Except as otherwise provided for, lawn rakings placcd for collection shall be deposited in a plas/ic garbage bag of at least J 3-gallon capacity which IIlUSt be secured against spillage. tffiriAg ]eafsea5eft:-\>ffl*h is geAefilHy-Ifle pe~ml':o\'eJOOeT-l-le.f)eeember 31 of eaCH e¡¡lendllr year, alllea';es mtl5t-be-Taked--te-tfle-E\lrb-aRd-be-sepafilted--from all bf1l5lHlßd-et~ngs, Lea',es to be-€GHeeted b', solid-wilste-ffiillllHtelRent pers611Rel dtlfim: leafseasoA lffi15t ~ - - be-Ðagged aAd set at the c-llflr. (d) Loose Leaves. During leafseason. all loose lem'es IIlUS/ be separa/edfrom all brush and lawn rakings and mus/ be either raked 10 the curb. placed in an· al/tolllated collection cOl/rainer. or placed in a plastic garbage bag of at least J 3- gallon capacity which IIlUS/ be se~ured agains/ spillage. When not during leaf season, all loose leaves shall be placed in ei/her an au/olllated collection container or placed in a plastic garbage bag of at least J 3-gallon capaci/)' which mus/ be secured against spillage. Section 14.1-18. Time of p]accment of ffidWidtHl1-refllse autolllated collec/ion containers and recvclable containers for collection. Except in/he central busil/ess dis/rict, automated collection containers and recycling containers containing solid waste from swelling HAits shall be accessible for collection by an authorized person no later than 7:00 a.m. on the day of collection. Automated collection containers and recycling containers placed adjacent to streets for collection by an authorized person shall not be so placed prior to 7:00 p.m. on thc day preceding the day of collection, and shall be rcmoved as soon as possible after collection and, in no instancc, shall they be pennitted to rcmain adjacent to such O-Cí.l-soJidw3stemgmt 8-16,06 9 street after 7:00 a.m. of the day following collection. Inàiviàllal refllse Automated collection containers and recycling containcrs shall be stored betwcen dates of collection in a location no closer to the street than the principal building. Where placement of an automated collection container and recycling container in a location no closer to the street than the principal building is impractical or not feasible; the city manager may designate an alternative location. Section 14.1-19. Collection in Central Business District. (a) Automated collection containers, individual refuse containers, bulk items allowed by rules and regulations promulg{l/ed by the city manager, and recyclable containers used by remmefftal establishments in the ccntral busincss district must be accessiblc to solid waste management vehic les or placed for collection in locations alld times designated by the city manager. No illdividual refuse cOlI/{liller or recycling contailler together with the solid waste or recyclables therein, alld 110 allowable bulk item, shall exceed sixTy (60) pounds in weight. Automated collectioll cOlllainers, individual refuse containers, and recycling containers shall be stored between dates of collection in a location no closer to the street than the principal building. ¡.yhere storage of an automated collection container, individual refuse cOlltainer, or recycling container in a location 110 closer to the street than the principal building is impractical or notfeasible, the city manager may designate an alternative location. . . . (d) RecJ'clables collected within the central business district shall be placed in containers otherwise prepared for removal by an authorized person in accordance lI'ith requirements set forth in "Tillell information provided by the city solid waste mallagemelll division, (e) city The use of a sealed compactor with ill the celllral business district shall be limited to those establishmellts or residents that have registered with the ci~v solid waste management division for such access to such sealed compactor. (f) A sealed compactor may not be used to dispose ofha:ardous waste, grease from 1I01l-residelllial establishments, bulk items, brush, lawn rakings, 1I01l-collectable items, or other refuse identified ill Section 14.1-21 of the city codc, Sec. 14.]-21. Certain solid waste not to be collected--Gencrallv. (a) Manure, topsoil, earth, stone, rock, brick, concrete, asphalt, heavy metal, sheet rock, plate or large broken glass, automobile parts, dead animals, grease from nOll-residential establishments. poisons, caustics. acids, hazardous waste, trees, stumps, explosives, or other dangerous materials, or rubbish from construction, o-ca-solidw3stemgmt 5-16-06 10 remodeling, razing and repair operations on houses, commercial buildings and other structures, or fire-damaged items shall not be placed out for collcction by 1Iß ¡lUlh~and shall not be removcd by a1HllIthorized person the city, and in no circumstances shall hazardous waste be put out for collection by any person. (b) The above subsection notwithstanding, not more than two (2) automobile tires will be collected by rhe city from any residence or commercial establishment per week. Such tires shall be taken off the Tim, shall not be placed inside an automated collection container, and shall be placed at the curb in the same manner as collections pursuant to section 14.J-23 ofthc city code. Section 14.] -22. Same-Bulk irems. brush and loose leaves. It shall be unlawful for any bulk iTems removed, brush cut, or loose leaves raked, for a fce to be deposited by any person in the public right-of,way for removal by an authorized person. Section] 4.1-23. Placement and collection of bulk items. brush and loose leaves. (a) The city will providc bulk item and brush collection for the owncr or occupant of any dwelling unit or multi-family dwellings who uses an automated collection container provided by the city. Such owner or occupant shall place a bulk item, brush or loose leaves as close as possible to the curb, and if there is no curb, as close as possible to thc street, or in an automated collection con/ainer. Such placement shall be made no earlier than the day (or seven (7) days regarding loose leaf collcction) prior to the scheduled date of collection and no later than 7:00 a.m. of the day schcdu]ed for collection. No col]ection of bulk items, brush or loose leaves will be made from any allcy. All woody or leafy yard waste must be stacked in a pile that is no gTeater than four (4) feet wide, four (4) feet long, and four (4) fcet high. No single branch placed for collection can be greater than four (4) feet in length or three (3) inches in diameter. (b) Every owner or occupant utilizing the brush and bulk item collection service shall take adequate precautions to secure any bulk item in such a manner as to ensure the safety of the public. All doors on a refrigerator, sto\'e, washer, dr:;eF;-Øf-SiffiHaf lwlk-item or freezer shall be removed, and all brush shall be secured so as to prevent being blown and scattered by wind. (c) No more than six (6) bulk items may be collected and removed at anyone time. In addirion. ·no more than one (I) pick-up truck load of brush may be collected and removed Q/ anyone time. Loose leaves colltained in a plasric bag left out for collecrion by the city during leaf season shall not be considered bulk irems. . (d) eiry residents may take up to nvelve (J 2) pick-up truck loads of bulk items and brush originatingfrom rheir residence per calendar year to the rransfer station free of charge, in accordance with niles and regulations promulgated by the ci(v o-ca-solidwastemgmt 8·16-06 11 lJIanager. In special circulJls/(lIIces upon request, the city manager may issue additional special dump permits for disposal of additional bulk items and brush at the tram:fa station. -N&HlBI'e4lnm-six (6) bu+1Ht€ms, er no mere4flan one (1)~ Hp-lTlf€lHe~Fllslt;-may be cellffleè-anè-reffiovecl at ¡my one til'lle. (e) City resiEkffiS-ffiay-1i1ke lJp to-twelve (12) pi4-up tme); loacls efbalk-t!effi5 i111J...bmslt-per-€akonè~-te-tfle.-+illJ;er Creek-ffilllsf",r stffiien-free-Bf charge. i41---ßUlJ.i-itetl1s,--re;ttltilJ g frOllT-ff>flIfiK"-tffi--weffi-shaH--oot-be--pIoc-eà-olfl-fef ællel4Wn-i1Ilf1-sIlaIJ--oot-l3e-r.effi{weà-Þy-tIlffity, Sec. 14.1-24. l'iolation-cil'il penaltv. 771e citJ' manager shall cause a notice of violation to be ajjìxed to autolJlatic collection containers. individual n:filse colltainers and recycling containersfound to be in violation of Section 14.1-18. After three or more such notices have been issued for any property lvithin a year. the city manager shall impose onlhe owner of the property a civil penalty of $25.00 for each such violation after the Ihird one. 4. Scction 14.1-44, Rate re2ulation: submission of rate schedules, of Division 2, Private Collection of Bulk Containers, of Article 11 Collection bv an Authorized Pcrson, of Chapter 14.1, Solid Waste Mana2emcnt, of the Code of the City of Roanoke (1979), as amended, is hereby repca1ed: &l'ttøn ] 1. ] 11. R¡¡Ie-i't'!!HffifiŒT.-SHhfflÎj;sit'n-Bf-fille-sc~ Pilisuilftt--lO-sfflien 15.2 930, Gode of Virginiil (1950). ilS ameOOed, city COUl1eH eJtf're55ly-r~f\'es-fhe-rtgflHe--r~Ie--Fafe5-€lmgecl by pri v at e l'lel'5eHs-fuF--blllk eBllfiIÜ}el'-l'(>ftec.tien-sewice,-pftB¡--!i>-JHfl€'-h'>tl1-Bf each year. all ",er56m liecHsetHe engage-ifl-lHllk-eBffiiÜfler-€BllffiiBfl-St'f\'ice in the-{;ify-shaH-file-with city cÐ\metHheir fill e-scl1eclttles for lIHeoffipaetecl-Þulk-i.'BtlIilffler-sePrlce. Th ereafter. w h CfleY€f-8H)' lieense-høhier-intends to affie¡1è-Br-aller-IHs-ffiles for UHeel1lj*letecl-bulli-<:Ðntainer ser~"€7flOlicc ofslK'fi4àet-illlå4hei'!'epeseà new rate scl1edlJJc for SlJCH ser.iee shaH be-ftleà-wiflt-€ily-£-Buncil ilt 1easHfflrly-{~41ys lH;Ðf te tHe cffeetiw clate-(>Httefl llflla1dment or illtffiltien-!e-f;ueh rate seheclllle, 5. Section 14.1-54, Gencralprohihition, and § 14.1-55, Notice to remove, of Article Ill, Accumulations of Solid Wastc, of Chapter 14.1, Solid Waste Management ofthe Code of the City of Roanoke (1979), as amended, arc hereby amended and reordained (0 read and provide as follows: o-ca-solidwastemgmt 8-16-06 . 12 See. 14.1-54. General prohibition. It shall be the duty of every owner or occupant of any let-eF parcel in the city to maintain the same in a clean and sanitary condition. It shall be unlawful for any such owner or occupant to cause, allow or permit solid waste to be deposited upon, remain or allowed to accumulate upon any parcel in the city, except such solid waste as is properly collected, prepared and contained for regular collection by an authorized person. Section 14.1-55. Notice to remove. Whenever the director of health of the city, or the authorized representative of the director of health of the city, detennines that any lot or pTemises or paree1 of-lllflè in the city is unclean or unsanitary, by reason of the deposit, existence or accumulation of solid waste thereon, the director of health, or the director's representative, may give reasonable notice thereof and ofms The direcTor's determination to the owner or occupant of such property. Such notice shall be in writing, shall state the unclean or unsanitary condition ordered to be corrected, and shall fix the time by which such condition is ordered by the director of health to be abated or corrected. Such notice shall be deemed to be properly served upon such owner or occupant, if a copy thereofis served upon or delivered to him in person or if a copy theTeof is posTed on The property in a conspicuous locaTion and sent posrage prepaid To the owner's last known address as set forth in the city's real estate valUaTion records by Unired States PoslGl Service. In case or nonresidellt owners ".Ilo ha...e n&-agt'nt in lhe cit)', such notic-e-may Be given by pub1ication,Hl '....hich event t\Yo (2) insertions of Sllefi-Rotiee-oß . separate days in all)' ncwsl~aper pHbl¥.;hed iA the cit)', lit least ten (10) da)'s Bcfore the fiTSt da)' aAY fl€+Îon-is t(1 Be taken, shllll Be sllfficient noticc. Such notice may contain an eu~ actioA which, if-taken, will-effeet complillAce with the provisions ofthi5-ûflieJe., 6. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is heTeby dispensed with. ATTEST: r'\ 4,.0 - , ." J City Clerk. g.L o-ca-solidwasterngmt 8-16-06 13 CITY OF ROANOKE OFFICE OF THE CITY MANAGER I\oel C Tayh>r Municipal Building 215 Church Ave>nuc, S.\V., Room 364- Roanoke. Virginio 24011-1591 h·kTlwllo.:: (5-l(1) S:>:1-~:"IY1 ¡:.lX: (~,-W) tl53 113~ ell\' \Vl!b- www n)tlntl"t~\',l.~lW August 21, 2006 Honorable C. Nelson Harris, Mayor Honorable David B. Trinkle, Vice Mayor Honorable Alfred T. Dowe, Jr., Council Member Honorable Beverly T. Fitzpatrick, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Brian J. Wish neff, Council Member Dear Mayor Harris and Members of City Council: Subject: Solid Waste Code Amendments Background: The City's ongoing effort to improve the appearance of our public rights-of-way through code enforcement creates the need to amend the solid waste management provisions in the City Code (Chapter 14.1). Our City's new Uniform Code Violation program can be further enhanced through certain ordinance changes, including utilization of a new law enacted by the State. Other needed changes that have been identified from daily experience in Solid Waste Management operations are also included as part of this recommendation. A summary is attached that outlines these ordinance changes. Recommended action: Adopt the ordinance attached to this report. Respectfully submitted, ~ DLB/RKB/gpe Attachment c: Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance CM06,00153 Changes to 14.1-22 Section 14.1-1 Definitions: Updatcd to add. dclctc and improve understanding oftcrms. Section 14.1-3 Littering: Amcndcd to strcamline the notification of owncr or occupant whcre solid waste violation is identified in public right-of-way. Section 14.1-4 When hulk containers required: Dc1eted. Bulk container service not provided. Maximum container requirements for City collection will be addressed through Section 14.1-15. Scction 14.1-15 General container requirements: Amcnded to clarify use of rccycling containcrs; set wcight limits for automated containers; climinatc trec additional automated containers for largc houscholds; establish limits on number of automated eontainers to bc serviccd; and rcquirc automatcd containcrs to remain at assigned address. Section 14.1-16 Placement for collection generally: Amendcd to havc solid wastc placcd in front of property, not in front of adjoining property; cases application process for physically challenged customers; and eliminatcs rcfcrcnces to former private property scrvicc. Section 14.1-17 Placement of brush, hulk hrush and lawn rakings for collection: Amendcd to requirc thc bagging of grass clippings, hcdgc trimmings and leavcs (except for leaves rakcd to curb for loosc lcaf collection program). Section 14.1-19 Collection in Central Business District: Amcndcd to clarify placemcnt and use of various solid wastc containcrs by all establishmcnts in central business district. Section 14.1-21 Certain solid waste not to be mllected - genera/~v: Amcndcd to add other items not appropriate fi.lr collection by tht: City. Scction 14.1-22 Same - Brush: Amendcd to clarify that brush cut for a fec is not to bc collcctcd by the City. Scction 14.1-23 [,Iacementand collection of hulk items and hrush: Amcnded (0 clarify limitation of bulk and brush collection to only those with automated containcr scrvice: deletc refcrcncc to separate Christmas tree collection servicc: clarify limits for·amount of bulk and brush; clarify limits on number of trce loads for homeowner disposal at transfer station; and prohibit City collcction of bulk trash resulting from contracted work. Section 14.1-24 Violation - Civil ['enalty: Addcd to establish process through which pcrsons are subject to a civil pcnalty 01'$25 for violation of "timc ofp1acemcnt" Tcquiremcnts tor solid wastc containers. Scction 14.1-44 Rate regulation; suhmission (Ilrate schedules: Dc1eted as regulation of ratcs tor bulk container service has not bcen requircd, nor has therc bcen an idcntificd nccd to monitor such ratc schedules. Section 14.1-55 Notice /0 remove: Amended to streamline notification of owner or occupant wherc solid wastc violation is idcntificd on private property. 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 August 24, 2006 File #60-388 Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Budget Ordinance No. 37508-082106 transferring $580,000.00 from the Stadium/Amphitheater Project for establishment of the Reserve Avenue Athletic Venue Project, and amending and reordaining certain sections of the 2006-2007 Capital Projects Fund Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 21,2006, and is in full force and effect upon its passage. S;:;::':J f? ~ Mary F. Parker, CMC City Clerk MFP:ew Attachment pc: Darlene L. Burcham, City Manager Sherman M. Stovall, Director, Office of Management and Budget Steven C. Buschor, Director, Parks and Recreation L:ICLERKIDATAICKEW1IAGENDA CORRESPONDENCElagenda correspondence 06IAug 06IAug 21 06 cor.doc ~"j IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of August, 2006. No. 37508-082106. AN ORDINANCE to transfer funding from the Stadium/Amphitheater Project for the establishment of the Reserve Avenue Athletic Venue Project, amending and reordaining certain sections of the 2006-2007 Capital Projects Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2006-2007 Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Appropriated from General Revenue Appropriated from General Revenue 08-530-9752-9003 08-530-9758-9003 $ 580,000 (580,000) Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: ~ A~ .j, ~ 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 August 24, 2006 File #60-388 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No.3 7509-082106 authorizing the City Manager to issue a change order to the City's contract with S. B. Cox, Incorporated, for changes in connection with the work on the demolition of Victory Stadium, as more fully set forth in a letter from the City Manager addressed to the Council under date of August 21 , 2006. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 21, 2006. Sincerely, /) If) II.~ l r£. ~~- r \ I Mary F. Parker, CMC City Clerk MFP:ew Attachment pc: Jesse A. Hall, Director of Finance Sherman M. Stovall, Director, Office of Management and Budget Steven C. Buschor, Director, Parks and Recreation L:ICLERKlDATAICKEW1\AGENDA CORRESPONDENCElagenda correspondence 06\Aug 06\Aug 21 06 cor.doc ,/ )),1, TN THE COl.JNCIL OF THE CITY OF ROANOKE, VIRGlN1A The 21st day of August, 2006. No. 37509-082106. AN ORDJ]\"ANCE authorizing the City Manager's issuance of a Change Order to the City's contract with S.B, Cox, Incorporated, for changes in connection with the work on the demolition of Victory Stadium; and dispensing with the second reading by title of this ordinance. BE IT ORDAlNED by the Council of the City of Roanoke that: 1. The City Manager is authorized to execute for and on behalf of the City, in a form approved by the City Attorney, a Change Order to the City's contract with S.B. Cox. Incorporated, concerning site grading, supplementary erosion and sediment control measures, and storm drainage in connection with the work on the demolition of Victor v Stadium, all as morc fullv set forth in the - - City Manager's Jetter to Council dated August 21, 2006. ') Such Change Order will provide authorization for additions in the work with an increase in the amount of 5388,845 to the contract, all as set forth in the above letter. 3, Pursuant to the provisions of Section 12 of the City Charter, the sccond reading of this OTdinance by title is hereby dispensed with. ATTEST: (') fA ~ f ')_ lKh~. ð City Clerk, K:'u\1casures\sb cox victory stadIum change order.doc CITY OF ROANOKE OFFICE OF THE CITY MANAGER \j(\cl C. Taylor Municip,ll Building 215 Church Ayenue, S.\\'., Room ló..J. R,'anuke, Virginia 240n-1591 Tell'phoIW: (:---lO) S5.ì-2.1:1:1 I'.I\:: (5·tlll ....53-1 DX City WI.'h: wW\\'.n¡;IIHlkl'\"I.:r;;ll\' August 21, 2006 Honorable C. Nelson Harris, Mayor Honorable David B. Trinkle, Vice-Mayor Honorable Alfred T Dowe, Jr., Council Member Honorable Beverly T. Fitzpatrick, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Brian J. Wish neff, Council Member Dear Mayor Harris and Members of City Council: Subject: Establishment of Reserve Avenue Project Account and Transfer of Funds Background: On July 3, 2006, City Council received a letter from Mayor Harris and Vice-Mayor Trinkle concerning the location formerly home to Victory Stadium and the surrounding vicinity. In addition to conceptual plans to develop temporary multi-use athletic facilities previously supported by City Council, the letter outlined the need for a master plan for the purpose of developing long-term use strategies for the site and other specific actions that focus on the site remaining in public use. City Council concurred with the approach outlined in the aforementioned letter. Considerations: Residual funding in the amount of $580,000 is available in the Victory Stadium Project account and can be reallocated to support the identified action items for the Reserve Avenue project area, specifically the development of temporary multi-use athletic facilities. To expedite and facilitate the development of the site for athletic facilities, the current contract with S.B. Cox, Incorporated can be amended to provide for site grading, Mayor and Members of City Council Page 2 supplementary erosion and sediment control measures, and storm drainage. The cost of the additional work is projected to be not more than $388,845 with an estimated time for completion of 60 calendar days. City Council authorization is needed for this additional work because the additional cost, together with prior change orders, will exceed 25% of the original contract Recommended Action(s): Authorize the Director of Finance to establish an account in the Capital Projects Fund entitled "Reserve Avenue Athletic Venue". Transfer funding in the amount of $580,000 from the Stadium/Amphitheater Project Account (08-530-9758-9003) to the newly established account Authorize the City Manager to execute additional amendments to the contract with S.B. Cox, Incorporated for additional site grading, supplementary erosion and sediment control measures, and storm drainage. Funding for this amendment will be available in the new project account for the Reserve Avenue Athletic Venue. Respectfully submitted, Darlene L. Burcham City Manager DLB:acm c: Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Sherman M. Stovall, Director of Management & Budget Steve Buschor, Director of Parks & Recreation CM06-00151 CITY OF ROANOKE DEPARTMENT OF FINANCE ~15 Church Avenue. S.W., Room 46\ P.O. Box I ~~O Rnanoke, Virginia ~4006-1220 Telephone: (540) 853-282\ Fax: (540) 853-6142 ANN H. SHAWVER neput~· Dirrctor CTn;lil' aim shav....·crlf!·.;i.ro:lIlokc.vaus JESSE A. HALL I)¡rector or FinaneI.' ~llI:lil: jes~(' _ hall'? ~I.ro;¡ntlkc. \·d.ll~ August 21, 2006 Honorable C. Nelson Harris, Mayor Honorable David B. Trinkle, Vice Mayor Honorable Alfred T. Dowe, Jr., Council Member Honorable Beverly T. Fitzpatrick, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Brian J. Wishneff Council Member Dear Mayor Harris and Members of City Council: Subject: Fiscal Year 2006 Unaudited Financial Report Fiscal year 2006 has come to a close, and this financial report presents the results of the City's financial perf.ormance for the year. It is appropriate to point out that minor changes to the financial data contained herein may occur during the course of our external audit which will be conducted during upcoming months. We anticipate presenting the audited financial statements to City Council in December. The following narrative provides an overview of General, School and Enterprise Fund performance, and it also presents fund balances for the General and School Funds. Ceneral Fund Revenues Our revenue estimate from all sources was $228,464,008, while actual collections totaled $232,606,174. General Fund revenues exceeded the estimate by 1.8% or $4,142,166. As presented in this report, General Fund revenues decreased .7% from FYOS. However, when adjusted for the FYOS one-time transfer from the Debt Service Fund to the General Fund to establish the Budget Stabilization Reserve, General Fund revenues increased 6.3% compared to FYOS. This is higher-than-average growth for our General Fund, and it was led by an increase in the prepared food tax rate and continued strong performance of the real estate tax. Additionally, FY06 performance of a number of our Honorable Mayor and Members of Council August 21 , 2006 Page 2 other local taxes was particularly strong. Significant variances in specific categories of revenues are discussed in the following paragraphs. Local Taxes General Property and Local taxes comprise 67% of the General Fund. They achieved 103.5% of the revenue estimate as a whole, exceeding budget by approximately $5.2 million, and increasing 7.2% since FY05. Real estate taxes are the largest single source of the City's revenues. This primary revenue source increased 8.1%, exceeding the estimate by approximately $372,000. This was the result of strong growth in assessed values and new construction that surpassed our estimates. Real estate has provided a significant portion of local tax growth in recent years, and it will continue to do so again in FY07, consistent with local, state and national trends in real estate. The tax rate in FY07 will decrease from $1.21 to S 1.19 per $100 assessed value as approved by City Council in the adoption of the FY07 budget. Personal property taxes are the third largest tax revenue. The portion paid by citizens and businesses, as opposed to the state relief portion, increased 5.1% compared to FY06, providing the second consecutive year of growth in this tax. Growth occurred mainly in the business and personal property vehicular area. Performance of this revenue continues to be aided by coordination of efforts between the Commissioner of the Revenue and available DMV records, audits of corporate vehicle records and other similar procedures. Additionally, the growth in the local tax is due in part to an increase in the allocation of tax to citizens which stems from a reduction in the percentage of state tax relief reimbursement. State sales tax is our second largest local tax and is a key indicator of the strength of our local economy. Sales tax increased 5.0% from FY05 to FY06. This level of growth is excellent performance of the sales tax for our City which is continually challenged by retail competition from surrounding communities. The FY06 growth is the highest growth recognized in recent years and is indicative of improved consumer confidence and strong performance by numerous City establishments in retail, food and other venues. Utility taxes, as a group, are the fourth largest local tax. Utility taxes apply to electric, gas, telephone, water and cellular phone services. The revenue slightly exceeded the estimate, remaining stable as a whole when compared to the prior year. In FY07, several of these taxes will be replaced with a 5% state telecommunications tax. It is anticipated by the Commonwealth that this change will be revenue neutral to the City, however the shift in control to the State level will reduce our ability to monitor this tax and pursue collections when issues arise. Honorable Mayor and Members of Council August 21, 2006 Page 3 Business and Professional Occupational License (BPOL) Tax is the City's fifth largest source of local tax revenue. Tax revenues are derived from gross receipts of businesses. BPOL taxes increased 8.6% compared to FY05 and were well in excess of the revenue estimate. The FY06 growth represents the largest growth in this tax in a number of years, and the growth was well beyond expectations. The growth in this tax is a positive indicator that performance of City businesses has improved from its low point near the millennium when the economy was hindered by the effects of September 11 '", concerns of war in Iraq and elsewhere, and the loss of consumer confidence which followed. Prepared Food and Beverage taxes are the sixth largest local tax, generating revenues of approximately $10.6 million during FY06. The tax rate increased from 4% to 5% effective July 1 ", contributing approximately $2.1 million in additional local taxes to General Fund revenues. These additional revenues are necessary to fund planned capital improvements, most notably renovations to the William Fleming High School. For the year as a whole, revenues exceeded the estimate by 3.3% and rose nearly 33% compared to the prior year (25% related to the tax rate change and 8% true growth). Consistent with the growth in other local taxes, the increase in this revenue is indicative of a continued positive trend in consumer spending in Roanoke. There are a number of other significant local taxes which contribute $1 to $4 million in annual revenue to the City. Public Service Corporation Taxes, the property tax on companies such as utilities, contributed approximately $3.4 million in General Fund revenues. The tax declined $436,000 compared to last year and was below the estimate. Each year, the personal property component of this tax is estimated, as the State Corporation Commission assessment is not made until the fall. Consequently, the amount paid by companies in compliance with the City's personal property schedule is based on an estimate with an adjustment made at the beginning of the next fiscal year. Public Service Tax revenues in FY06 were adversely impacted by refunds of taxes that were received in FY05. The Transient Room Tax totaled approximately $2.5 million and rose 12.4% over FY05. Growth in this area was impacted by tax audits as well as positive performance at local hotels in terms of both room rates and occupancy levels. The Cigarette Tax provides approximately $1.8 million in revenues and grew 12.9% in FY06. This tax rate will increase in FY07 from 27 cents to 54 cents per pack. At fiscal year end, this revenue increased sharply as merchants purchased tax stamps anticipating higher rates in the new year. Intergovernmental Revenues Intergovernmental revenues consist of State and Federal funding to the General Fund. After real estate tax, the largest category of revenue to the General Fund is funding from the Commonwealth. State funding makes up approximately 27% of the budget. In FY06, revenues totaled 560.3 million or 97.2% of the estimate. They increased more than 4% over the prior year. Growth from several categories of state revenue is offset by a decline in personal property tax relief (PPTRA) funds due to the Commonwealth's Honorable Mayor and Members of Council August 21, 2006 Page 4 change in methodology regarding the Personal Property Tax Relief Act (PPTRA) allocation. Reimbursements to fund the costs of street maintenance increased, as did funding for law enforcement through HB 599. In the Social Services area, funding for administration, foster care and employment services increased. Also in this category, revenues provided by the Commonwealth of Virginia Compensation Board grew due to an increase in the percentage of salary expenditures eligible for reimbursement. The City typically receives very little direct federal revenue for General Fund operations. In FY06, close to $39,000 was received, approximately the same amount as in FY05. Other Local Revenues Besides local taxes, there are other local revenues which collectively contributed 7% to the General Fund. These include permits and fees, fines and forfeitures, charges for services, interest and rental income, billings for services to other City funds or other entities, transfers from other funds and miscellaneous revenues. A brief recap of the performance of these revenues is as follows. Permits, Fees and Licenses have increased 15.2% since FY05, led by growth in building inspection fees and building plan review revenues. The continued active construction market and several large projects around the City led this revenue growth. It should be noted that this growth has occurred despite a decrease in overall fees for building permits which took effect earlier in the fiscal year. Fines and Forfeitures totaled slightly over $1.4 million. They increased as compared to FY05 primarily due to growth in delinquent tax collection fee revenue. Overall, revenues in this category exceeded their estimate by 6.7%. Included in this category are court fines, parking tickets, collection fees imposed on various delinquent collections, and public safety false alarm fees. Revenue from the Use of Money and Property increased significantly over the prior year as a result of interest income on the Budget Stabilization Reserve. Additional rental income from the Commonwealth Building generated by several lease renewals also contri buted to the variance. Charges for Services decreased 4.3%, mostly due to declines in Jail revenues. Housing of prisoners from other localities has decreased by more than $300,000 since FY05 due to a decline in availability of bed space to use for prisoners of outside localities. Also, there has been a slight decrease in the $1 "pay for stay" prisoner fee. Many of these charges are never collected by the City due to the nature of the fee. EMS revenues have declined nearly $400,000 in the current year, in part due to the adjustment period underway as the City shifts to a new third party billing company. Honorable Mayor and Members of Council August 21 , 2006 Page 5 Revenues from Interfund Services totaled $2.8 million in FY06. The category achieved 98.7% of its estimate. Charges included in this category are billings to the Schools for their share of Comprehensive Services Act (CSA), School Resource Officer (SRO), and Municipal Audit expenditures. Also included are billings to the Airport for the Airport Fire Station, and charges to other funds of the City for Engineering, Building Maintenance, Street Maintenance, and other services. In FY06, there were no Transfers from Other Funds into the General Fund. This FY05 revenue consisted almost entirely of a one-time transfer of $15.5 million from the Debt Service Fund to the General Fund to establish the Budget Stabilization Reserve. Miscellaneous Revenue decreased 25.6% due in part to the adoption of the Economic and Community Development Reserve Policy during the latter part of Fiscal Year 2005. Effective with FY06, this policy shifted revenue from small property sales to the Capital Projects Fund, where the reserve is maintained, rather than the General Fund as in the past. Expenditures Total expenditures and encumbrances for FY 2006 were $231,534,847 which were 52,329,290 or 1.0% less than City Council had authorized. The authorized expenditure budget includes appropriations of fund balance which were made during the year. General Fund expenditures and encumbrances have increased 5.6% since FY05. An employee pay raise averaging 3% was granted effective July 1, 2005. Beyond this general pay raise, Fire/EMS and Sheriff/Jail employees received an additional 4% raise effective January 1, 2006. A change in the billing methodology of the Fleet and Department of Technology (DOT) funds also affects user departments. Effective with FY06, Fleet and DOT began billing user departments for capital outlay rather than providing a nondepartmental lump sum transfer as in prior years. This causes a decline in the Nondepartmental category and an offsetting increase in numerous other categories throughout FY06. Other notable expenditure trends are as follows: General Government expenditures grew 5.9% in FY06 due to the aforementioned increases in the personnel costs and internal service charges. Additionally, City expenditures for Cable Television Educational Access (RVlV) are now recorded as a function of the Office of Communications, a General Government department. In prior years, this expenditure was accounted for under Community Development. Judicial Administration expenditures grew 7.8% as a result of the previously mentioned payroll related items. Additionally, payments to the Roanoke Valley Detention Commission for residential placement expenses increased in the current year. Honorable Mayor and Members of Council August 21, 2006 Page 6 Public Safety expenditures are 7.7% higher in the current year, primarily due to the aforementioned increase in salaries. The Jail has also experienced an increase in the cost of prison health care services, and capital maintenance and equipment replacement spending in the Police Department is higher in the current year. Parks, Recreation and Cultural expenditures increased 14.7% in part due to the reclassification of expenditures for Event Zone, Virginia Amateur Sports, as well as other recreational related subsidies from Community Development to Parks and Recreation Administration. An increase in special project expenditures for Youth Services contributed to the variance, as well as higher personnel costs for the Libraries due to the reclassification of several existing positions and the addition of new positions. Transfer to Debt Service Fund expenditures increased 15.2% primarily as a result of debt service on the 2004B issue which began in July 2005. Transfer to School Funds increased by $3.1 million or 5.9% based on the school funding formula which allocates approximately 36% of local taxes to the School Board. Nondepartmental expenditures and obligations decreased 15.1 % due to a net decline in transfers to other funds of the City. Transfers vary from year to year based on transactions between the General Fund and other funds of the City. Transfers to the Civic Facilities Fund in the form of an operating subsidy increased. Transfers to the Capital Projects Fund decreased due to a decline in the amount of undesignated fund balance transferred. The aforementioned change in internal service billing procedures also contributed to the variance by resulting in a decrease in the transfer to both the Fleet Management and the Department of Technology Funds. SCHOOL FUND Revenues The School Fund revenue estimate from all sources was $123,757,366, while actual collections totaled 5122,558,531. Total School Fund revenues increased 4.4% or $5,172,033 from the prior year but fell short of the estimate by 1.0%. The growth in the School budget was a result of increased funding from the City, the Commonwealth and the Federal government. Although overall funding from the Commonwealth increased, revenue realized fell short of the estimate due to a decre·ase in the number of students. Federal funding rose sharply in FY06, but it contributes a small portion of overall funding to the Schools. Growth was a result of increased funding of the ROTC program and improvements to the process for receiving indirect federal funding through the Virginia Department of Education. Charges for Services revenue declined Honorable Mayor and Members of Council August 21, 2006 Page 7 9.0% due to lower than expected participation in the regional special education program which provided revenues to the City Schools. The Transfer in funding from the City's General Fund increased 5.9% as described previously. Expenditures Expenditures and encumbrances in the School Fund were budgeted at $125,113,408, while actual obligations totaled $123,385,028, leaving an unobligated balance of $1,728,380. It is important to note that the authorized expenditure budget includes appropriations from prior year fund balance. Expenditures and encumbrances increased from the prior year by $4,122,491 or 3.5%, with increases in all major categories. Salaries and benefits expenditures increased, with pay increases of 3% for instructional personnel. Plant, Operation, and Maintenance expenditures were higher due to increased personnel, material, and fuel costs. Transportation costs increased nearly 9% as impacted by rising fuel prices and increased participation in summer programs. ENTERPRISE FUNDS The City's Enterprise Funds include Civic Facilities, Parking and Market Building operations. These funds are intended to operate in a manner such that operating expenses are recovered in the form of user charges. Historically, the General Fund has subsidized the Civic Facilities and Market Building funds. Brief comments on each of the City's Enterprise Funds are as follows. Civic Facilities Fund The Civic Facilities Fund operates with a budget of approximately $5.9 million, and in FY06 it included the operations of the Civic Center and Victory Stadium. For the year ended June 30, 2006, the fund incurred an operating loss of slightly over $1.9 million. As a comparison, operating losses in FYOS and FY04 were approximately $1.7 million and 51.6 million, respectively. FY06 operating performance was adversely impacted by construction activities, and sporting event performance was weak at the facility. Operating revenues increased slightly over the prior year due in part to a strong performance in the final quarter, which overcame poor hockey and basketball performances earlier in the year. Additionally, catering and concession revenues were up due to higher across-the-board performances. Operating expenses increased due to higher personnel costs in the current year. Nonoperating revenues of the Civic Facilities Fund include transfers, interest earnings, and non-recurring items. In FY06, transfers totaling nearly $1.9 million were provided by the General Fund to mitigate the operating loss; $252,000 to cover the shortfall in Victory Stadium operating revenues and just over $1.6 million to cover the shortfall in Civic Center operating revenues. Total net income for the year was approximately $26,000, compared to a net profit in FYOS of less than $1,000. Honorable Mayor and Members of Council August 21, 2006 Page 8 Parking Fund The City's Parking Fund operates six parking garages and numerous surface lots with a budget of approximately $2.7 million. In FY06, the fund achieved net operating income of $981 ,000, a slight increase from the $921,000 of FY05. Operating revenues in FY06 increased in several garage facilities due to an increase in monthly parkers, as well as increased marketing efforts and additional availability associated with 'new' spaces. Operating expenses increased only slightly compared to the prior year. After the impact of non-operating activities is incorporated, the Parking Fund achieved net income of $825,000 in FY06. The fund's revenues in excess of expenses will enable it to fund debt service as bonds are issued to fund new parking garages. Additionally, through its achievement of these net income amounts in recent years, the Parking Fund is generating working capital which will be used to cash-fund upcoming facility improvements. Market Building Fund The Market Building Fund was created in FY03 to enable the City to track the results of revenues and expenses of this facility. It operates with an annual budget of approximately $322,000. Operating revenues in FY06 were lower than the prior year as impacted by FY05 collections of rent-in-arrears. Rental payments were caught up in late FY05 and early FY06, and there are currently no tenants with rent-in-arrears. The fund incurred an FY06 operating loss of $85,000, an improvement compared to the prior year when various facility improvements were made. The operating loss was mitigated by a subsidy from the General Funå in the amount of $77,700 in FY06. Transfers from other funds are less than that of FY05 due to the aforementioned repair expenses which were funded by the General and Capital Projects Funds last year. A Market Building Improvements capital project funded by the General Fund was completed in FY06 and is reflected as a capital contribution. This project included a significant HVAC upgrade to the building. FUND BALANCES General Fu nd The Budget Stabilization Reserve atJune 30, 2006 is $17,045,683. The reserve serves as a funding source for emergencies or unforeseen declines in revenues, and it is supported by the Budget Stabilization Reserve Policy which was adopted by City Council in April 2005. The policy states that the reserve minimum will be 5% of the General Fund budget with a target of 8%. During the year, the reserve increased as a result of interest earnings and a designation of $750,000 from the General Fund undesignated fund balance. This addition was made to enable the reserve to grow toward the target level. This reserve is currently 7.1 % of the adopted General Fund budget for FY06, while it was 7.0% of the General Fund budget at the conclusion of the prior year. Honorable Mayor and Members of Council August 21,2006 Page 9 The allocation to the Reserve for Uninsured Claims is $250,000. City Code provides that an annual allocation of $250,000 will be made to develop a reserve for Uninsured Claims equal to 3% of the General Fund budget. The current year allocation will not fully fund long term liabilities of the self-insured program; however, it enables progress in the funding level. The City is self insured for workers' compensation and establishes a loss retention in conjunction with auto and general liability insurance based on claims history. The year end Undesignated Fund Balance is $4,825,899. At the end of each fiscal year, any undesignated fund balance is shared with the School Board using the same formula through which local tax revenues are shared. Based on the formula, the undesignated fund balance will be allocated $2,912,154 to the City and $1,913,745 to the Schools. The City's undesignated fund balance will be recommended primarily for funding of capital equipment requested through the City's Capital Maintenance and Equipment Replacement Program ("CMERP") at an upcoming meeting of City Council. While reliance upon year end fund balance for capital items has declined due to additional funding of these items in the operating budget, the undesignated year end fund balance will continue to be recommended for use in addressing additional capital needs and non-recurring items. A Reserve for Encumbrances that totals $1,219,270 is required in order to provide funds to cover purchase orders from June 30'h which will be paid during the upcoming fi seal year. School Fund A Reserve for Uninsured Claims is maintained by the School Board in the amount of $3 50,000. The Undesignated Fund Balance is $529,787. This undesignated fund balance will be allocated by the School Board for capital equipment funding during the upcoming fiscal year. Along with this balance in the School Fund, the Schools will receive $1,913,745 from the City's General Fund as described previously, A Reserve for Encumbrances of $1,147,696 is reqUired in order to provide funds to cover purchase orders from June 30'" which will be paid during the upcoming fiscal year. Honorable Mayor and Members of Council August 21, 2006 Page 1 0 We would like to reiterate that the General and School Fund amounts discussed within this report are unaudited and subject to change during the course of our external audit. A report of all funds of the City will be included within the Comprehensive Annual Financial Report which is currently being prepared. We would like to thank City Council, the administration, and especially the dedicated staff of the Department of Finance for their support throughout fiscal year 2006. Sincerely, (}ÞY1-L- A. W.£I Jesse A. Hall Director of Finance JAH:DLH:ca Attachments c: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Mary F. Parker, City Clerk Rolanda A. Russell, Assistant City Manager James Grigsby, Acting Assistant City Manager Sherman M. Stovall, Director of Management and Budget Marvin T. Thompson, Superintendent, Roanoke City Schools Kenneth F. Mundy, Jr., Executive Director of Fiscal Services City of Roanoke, Virginia General Fund Undesignated Fund Balance June 30, 2006 (Unaudited) General Fund Undesignated Fund Balance Allocation General Fund Revenues In Excess of Budgeted Amounts General Fund Unobligated Appropriations Less: Allocation to the Reserve for Uninsured Claims Less: Allocation to the Budget Stabilization Reserve Total General Fund Undesignated Fund Balance Allocation Undesignated Fund Balance Allocated to Schools Undesignated Fund Balance Retained by General Fund II $ 4,142,166 2,329,291 (250,000) (1,395,558) 4,825,899 (1,913,745) $ 2,912,154 City of Roanoke, Virginia Calculation of General Fund Undesignated Fund Balance to Allocate to the School Board June 30, 2006 (Unaudited) Local Taxes General Property Taxes Other Local Taxes Total Local Taxes $ 94,409,363 69,812,361 164,221,724 Less: Local Taxes Dedicated for Specific Purposes Current Downtown District Real Estate Tax Delinquent Downtown District Real Estate Tax Current Williamson Road District Real Estate Tax Delinquent Williamson Road District Real Estate Tax Downtown District Public Service Tax Utility Consumer Tax Dedicated to Roanoke River Flood Reduction Telephone Surcharge (E911) Taxes Cable TV Franchise Tax Dedicated to Local Government Access Channel Cigarette Tax to Support Debt Service of Bonds Issued for Jail and Juvenile Detention Home Motor Vehicle License Tax to Support Debt Service of Bonds Issued for Jail and Juvenile Detention Home Cigarette Tax for COPE Team and Convention and Visitor's Bureau Transient Room Tax to Support Convention and Visitors Bureau Telecommunications Right of Way Use Fee Dedicated to Paving One Cent Real Estate Tax Dedicated to Economic Development One Cent Transient Occupancy Tax Dedicated to Tourism Ten Cents Cigarette Tax Dedicated to Curb, Gutter and Sidewalk Debt Service on Bonds Issued for Innotech Project Admissions Tax Dedicated to Civic Center Project or Cultural Agencies One Cent Meals Tax Dedicated to Debt Service Net Local Taxes School Percentage Share of Local Taxes (263,010) (2,096) (77,564) (2,174) (28,833) (808,000) (1,431,406) (205,879) (305,000) (325,000) (501,429) (200,000) (295,034) (521,535) (361,378) (790,056) (962,028) (41,459) (2,127,179) 154,972,664 36.42% . School Share of Local Taxes 56,441,044 Other Adjustments: Deduct Interest Earnings Add Roanoke Adolescent Health Partnership (200,000) 25.000 Net School Transfer Less: FY06 Local Funding Provided to School Board Allocation of Undesignated Fund Balance to School Board 56,266,044 (54,352,299) 1,913,745 $ . Percentage share based on Revenue Allocation Model 12 City of Roanoke, Virginia School Board Undesignated Fund Balance June 30, 2006 (Unaudited) School Fund Undesignated Fund Balance Allocation School Fund Revenues Below Estimated Amounts School Fund Unobligated Appropriations Add: Decrease in Workers' Camp Trust Fund Total School Fund Undesignated Fund Balance Allocation General Fund Undesignated Fund Balance Allocation Total School Undesignated Fund Balance 13 $ (1,198.835) 1,728.380 242 529,787 1.913,745 $ 2.443.532 City of Roanoke, Virginia Budget Stabilazation Reserve Per Resolution 37053 (Adopted May 10, 2005) (Unaudited) Reserve Roll Forward: Amount Budget Stabilization Reserve, July 1, 2005 $ 15,650,125 Interest earnings 645,558 Allocation to Reserve 750,000 Budget Stabilization Reserve, June 30, 2006 $ 17,045,683 Reserve Policy Parameters: Total General Fund Budget FY07 $ 239,607,000 5% $ 11,980,350 Minimum Designated Budget Stabilization Reserve Total General Fund Budget FY07 $ 239,607,000 8% $ 19,168,560 Taraet Designated Budget Stabilization Reserve 14 % Budget 7.0% 7.1% CITY OF ROANOKE, VIRGINIA GENERAL FUND STATEMENT OF REVENUE Yoarto Dato for tho Period CUlTent Fiscal Yoar Percent of Revlsod Rovonue Rovonue Estimate Estimates Rocolvod $ 85,246,~0 101.4~¡' 65.801,000 106 1~¡' 1,069.000 1374"0 1,354,000 106 7~¡, 722,000 202.6% 62,113,026 97.2~0 38,000 102.0~0 8,913,850 937% 2,822,192 987% O.O~o 384,000 115 1 ~o I 228,46-4,008 101.8% Rovonuo Source Gonelõll Property Taxes Olhor Local T al(es PerMlls. F005 and LIcenses FIRes and Forfollures Rovenue from Use of Monoy and Property Granls-m-Aid Commonwealth Grar,ls-ln-Ald Fo--loral G:::vemmenl Charges for Services Inlornal Services Trar,srers From Olher Fur.ds Mlsce:laneous Revenue Total expenditures Genem! Governmenl Jud:claIAdminislrati:::n Public Safely PubllcWor1\s Health and Welfare Par1<.s, Recruaticn and Cultural Communily Developmenl Transfer to Debt Servi~e FU:1d Tr.:msrerto School Funds Nondepartmental Total July 1 . June 30 2004-2005 $ 81,199,730 64,538,427 1,275,026 1,354.775 796,688 57,942,187 38,770 8,732,058 2,381,971 15,501,876 5!J3,786 S 23.4,355,294 July 1 . June 30 2005-2006 $ 86,447,2!:i5 69,812,361 1,469,016 1,444,51515 1,462.840 60,347,182 38.768 8,356,626 2,785,455 Percentage of Change 65 % 8.2 ~o 15.2 ~¡, 6.6 ~ó 83.6 % 4.2 % 0.00.¡, -4 3 ~ó 169 % -1000 % -25 6 ~o .0.7 % Yeer to Date for tho Poriod 442,065 S 232,606,174 STATEMENT OF EXPENDITURES AND ENCUMBRANCES Current FlsclIl YOllr July 1 . June 30 2004·2005 11,505,506 6,551,413 52,770,117 23,127,093 32,374,103 8,561,826 5,529,454 15,509,082 52.676,279 10,587,660 S 219,192,533 July 1 - Juno 30 2005-2006 12,179,392 7,061,510 56,857,075 23.540,087 33.657,835 9.822,872 5.770,596 17,852,787 55,789,730 8.992,963 231,534.847 Porcontof porcontage Unoncumbered Rovlsed Budget of Chzmgo Balance Appropriations Obligated 59 % S 139,069 S 12,318,461 98.9% 7.8 ~"o 21,548 7,083,058 !)9.7~o 77% 244,';95 57,101.570 99.6% 18 % 267.110 23,807,197 9S !i'ló 40 % 1,30<1.1517 34.962,452 96.3~o 147% 51.378 9,874,250 99.5% 4.4 ~ó 40,821 5,811,';17 99 3~ó 15.2 % 17,862,788 100 O~·O 5.9 % 55,789,730 1000% -15 1 ~¡, 250,251 9.253,214 97.20'0 5.6 % I 2,329,290 I 233,864.137 99.0% 15 Revenue Source State Sales Tax Grants-in-Aid Commonwealth Grants-in-Aid Federal Government Charges for Services Transfer from General Fund Total EXDcnditurcs InstrucliOn General Support Transportation Operation and Maintenance of Plant Facilities Other Uses of Funds Total CITY OF ROANOKE, VIRGINIA SCHOOL FUND STATEMENT OF REVENUE July 1 - June 30 2004-2005 S 11.191.232 50,933.219 132.359 2,453.409 52,676.279 $ 117,~86,498 Year to Date for the Period Current Fiscal Year Percent of Revenue Estimate Received Revised Revenue Estimates $ 12.050,078 53.072,458 125,000 2.720,100 55.789,730 S 123,757,366 101.8 % 98.1 % 152.8 °J(l 82.1 % 1000 % 99.0 % July 1 - June 30 2005-2006 S 12,272,397 52.071,945 191,034 2,233.425 55.789,730 S 122,558·.531 Percentage of Change 9.7 % 2.2 % 44.3 % -9.0 0jQ 5.9 % 4.4 % SCHOOL FUND STATEMENT OF EXPENDITURES AND ENCUMBRANCES July 1 - June 30 2004-2005 ....---- 87.020.956 S 5.015,513 5.467.247 $ 12,164.307 2.298.391 7,296.123 S 119,262,537 S Year to Date for the Period July 1 - June 30 2005-2006 89.581,820 5.709,185 5.941,402 12,508.110 2,790.171 6ß56.340 123.385,028 Percent of Percentage Unencumbered Revised Budget of Chan.~.~_ Balance Appropriations Obligate~ 2.9 % S 1.010,813 $ 90.592,633 98.9 % 13.8 "/0 34,093 5.743.278 99.4 % 8.7 % 31,256 5,972.658 995% 28% 232.528 12,738.638 982 % 214 % 270.729 3,060.900 91.2 % -60% 148.961 7,005.301 97.9 % 3.5 % $ 1,728,380 -$·125.113,408 98.6 % 16 Current Fiscal Year CITY OF ROANOKE, VIRGINIA CIVIC FACILITIES FUND COMPARATIVE INCOME STATEMENT FOR THE TWELVE MONTHS ENDING JUNE 30, 2006 (UNAUDITED) FY 2006 FY 2005 Operating Revenues Rentals $ 683.338 $ 610,284 Event Expenses 162,963 191,382 Display Advertising 124,588 140,960 Admissions Tax 446.424 446,502 Electrical Fees 12,685 17,591 Novelty Fees 92,222 80,247 Facility Surcharge 340.460 319,019 Charge Card Fees 86,998 88,735 Commissions 72,194 66,900 Catering/Concessions 967,307 810,924 Other 6,261 38,608 Total Operating Revenues 2.995.440 2,811,152 Operating Expenses Personal Services 2.106,837 1,953,178 Operating Expenses 2.287.890 2,095,620 Depreciation 543,526 465,102 Total Operating Expenses 4,938,253 4.513.900 Operating Loss (1,942,813) (1,702,748) Nonoperating Revenues (Expenses) Interest on Investments 50,254 37,620 Transfer from General Fund 1.606,693 1,324,643 Transfer from General Fund - Victory Stadium 251,681 204,555 Transfer to Debt Service Fund (64,869) (66,219) Interest and Fiscal Charges (95.447) (96,456) Arena Ventures Contractural Penalties 209,032 122,970 Flood Damage Reimbursements 182,034 Miscellaneous 11.491 (5,989) Net Nonoperating Revenues 1.968,835 1,703,158 Net Income $ 26,022 $ 410 17 CITY OF ROANOKE, VIRGINIA PARKING FUND COMPARATIVE INCOME STATEMENT FOR THE TWELVE MONTHS ENDING JUNE 30, 2006 (UNAUDITED) FY 2006 FY 2005 Operating Revenues Market Garage $ 405,580 $ 367,338 Elmwood Park Garage 525,683 526,433 Center in the Square Garage 214,851 225,902 Church Avenue Garage 659,698 611.306 Tower Garage 458,043 433,349 Gainsboro Garage 92,387 72,926 Williamson Lot 83.381 85,838 Norfolk Avenue Lot 15,989 62,196 Higher Ed Center Lot 46.928 51,114 Market Lot 46,367 45,600 Elmwood Lot 80,826 79.755 Warehouse Row Lot 23,084 22,118 West Church/YMCA Lots 30,304 16,540 Total Operating Revenues 2.683,121 2,600,415 Operating Expenses Operating Expenses 1,128,580 1,106,501 Depreciation 573.317 572,868 Total Operating Expenses 1,701,897 1,679,369 Operating Income 981,224 921,046 Nonoperating Revenues (Expenses) Interest on Investments 93,057 42,904 Transfer from General Fund 31,220 31,780 Interest and Fiscal Charges (280,855) (322,741) Net Nonoperating Expenses (156,578) (248,057) Net Income $ 824,646 $ 672,989 18 CITY OF ROANOKE, VIRGINIA MARKET BUILDING FUND COMPARATIVE INCOME STATEMENT FOR THE TWELVE MONTHS ENDING JUNE 30, 2006 (UNAUDITED) FY 2006 FY 2005 Operating Revenues Retail Space Rental $ 277 ,885 $ 308,366 Total Operating Revenues 277 ,885 308.366 Operating Expenses Operating Expense Depreciation 354,537 7,930 498,121 7,702 Total Operating Expenses 362,467 505,823 Operating Loss (84,582) (197,457) Nonoperating Revenues (Expenses) Interest on Investments 3,356 Transfer from Capital Projects Fund 17,625 72,491 Transfer from General Fund 77,700 252,933 Capital Contributions 1,726,651 Miscellaneous 138 (1.071) Net Nonoperating Revenues 1,825,4 70 324,353 Net Income $ 1,740,888 $ 126,896 Note: Capital Contributions were the result of the completion of the Market Building Improvement capital project. This project added value to the capital assets of the Market Building Fund, but the improvements were funded by the General Fund, thus requiring this transfer. 19 CITY OF ROANOKE, VIRGINIA CITY TREASURER'S OFFICE GENERAL STATEMENT OF ACCOUNTABILITY FOR THE MONTH ENDED JUNE 30. 2006 TO THE DIRECTOR OF FINANCE: GENERAL STATEMENT OF ACCOUNTABILITY OF THE CITY TREASURER OF THE CITY OF ROANOKE, VIRGINIA FOR TilE FUNDS OF SAID CITY FOR THE MONTH ENDED JUNE 30, 2006. FUND GENERAL WATER WATER POLLUTION CONTROL CIVIC FACILITIES PARKING CAPITAL PROJECTS MARKET BLDG OPERATIONS CONFERENCE CENTER DEBT SERVICE DEPT OF TECHNOLOGY FLEET MANAGEMENT PAYROLL RISK MANAGEMENT PENSION SCHOOL FUND SCHOOL CAPITAL PROJECTS SCHOOL FOOD SERVICE GRANT BALANCE AT MAY 31, 2006 528,304,470.45 420.00 1,738.22 6.157.218.56 6.599.528.52 47.789.173.89 57.250.41 4.146,916.85 1.194.259.69 7.699,570.32 1,551,342.64 (15,745,102.50) 11 ,605,682.41 778,970.05 (715,311.64) 15,639,641.33 (131,608.77) 2,158,516.86 5117,092,677.29 TOTAL RECEIPTS $18.010.014.31 0.00 0.00 195.344.58 253.133.77 555.710.41 66,414.64 25,000.00 232.747.91 138,399.04 212,077.64 25,578,758.04 1,012,846.19 3,597,004.33 12.405,045.88 78,143.48 950,135.80 573.000.57 S63.883,776.59 DISBURSEMENTS 523.237.713.62 000 000 2.342.25462 92.86423 885.009 22 36.809.52 14,424.11 170,403.46 413,064.43 295,574.80 17,718,368.34 1,005,690.92 3.762,722.26 8.330,733.47 1.700,230.10 644,258.85 654.147.04 $61.304,268.99 BALANCE AT JUNE 30, 2006 $23,076,771.14 420.00 1,738.22 4,010,308.52 6,759,798.06 47,459.875.08 86,855.53 4,1S7,492.74 1,256,604.14 7,424,904.93 1,467,84S.48 (7,884,712.80) 11.612.837.68 613,252.12 3,359.000.77 14,017.554.71 174,268.18 2,077,370.39 $119.672,184.89 BALANCE AT JUNE 30, 2005 521.015,270.15 420.00 1,738.22 6.788,44986 3.813,956.13 57.277,601 55 109,445 06 4,092,877 25 1.519,213.44 3.440,542.84 230.668.03 (7.865.281.27) 12.157.D37.62 825,381.33 3,378,729.12 11.287,679.00 272.163.48 847.32184 $119.174.113.65 CERTIFICATE I HEREBY CERTIFY THAT THE FOREGOING IS A TRUE STATEMENT OF MY ACCOUNTABILITY TO THE CITY OF ROANOKE, VIRGINIA, FOR THE FUNDS OF THE VARIOUS ACCOUNTS THEREOF FOR THE MONTH ENDEO JUNE 30, 2006. THAT SAID FOREGOING: CASH CASH IN HAND CAS>! IN BANK INVESTMENTS ACQUIRED FROM COMPETITIVE PROPOSALS: COMMERCIAL HIGH PERFORMANCE MONEY MARKET COMMERCIAL PAPER LOCAL GOVERNMENT INVESTMENT POOL MONEY MANAGEMENT ACCOUNT REPURCHASE AGREEMENTS U. S. AGoNCIES VIRGINIA AIM PROGRAM (U. S. SECURITIES) VIRGINIA SNAP PROGRAM (U. S. SECURITIES) TOTAL JULY 14, 2006 $24,323.95 887,726.08 2,450,000.00 10,278,102.92 21,644,438.16 10,080,268.99 10.000,000.00 20,567,308.33 17.458,376.05 26.281,640.41 $119.672,184.89 ~~f~ 20 CITY OF ROANOKE PENSION PLAN STATEMENT OF CHANGES IN PLAN NET ASSETS FOR THE TWELVE MONTHS ENDED JUNE 30, 2006 (UNAUDITED) FY 2006 FY 2005 Additions: Employer Contributions $ 9,135,620 $ 6,813,820 Investment Income Net Appreciation (Depreciation) in Fair Value of Investments 24,244,328 22,954,487 Interest and Dividend Income 4.819,817 3,130,444 Total Investment Income (Loss) 29,064,145 26,084,931 Less Investment Expense 572,057 577 ,285 Net Investment Income (Loss) 28,492,088 25,507,646 Total Additions (Deductions) $ 37,627,708 $ 32,321,466 Deductions Benefits Paid to Participants Administrative Expenses Total Deductions $ 21,747,304 323,728 22,071,032 S 20,259,828 311,624 20,571,452 Net Increase (Decrease) 15,556,676 11,750,014 Net Assets Held in Trust for Pension Benefits: Fund Balance July 1 Fund Balance June 30 318,675,367 $ 334,232,043 306,925,353 $ 318,675,367 21 CITY OF ROANOKE PENSION PLAN BALANCE SHEET JUNE 30, 2006 (UNAUDITED) FY 2006 Assets Cash Investments, at Fair Value Employer Contributions Receivable Accrued Investment Income Other Assets $ 611,943 333,695,424 450,226 146,883 Total Assets $ 334,904,476 Liabilities and Fund Balance Liabilities: Accounts Payable Payable for Cash Collateral on Loaned Securities $ 177,565 494,868 Total Liabilities 672,433 Fund Balance: Fund Balance, July 1 Net Gain (Loss) - Year to Date 318,675,367 15,556.676 Total Fund Balance 334,232,043 Total Liabilities and Fund Balance $ 334,904,476 22 FY 2005 $ 824,891 318,152,698 271,048 132.315 7,001 $ 319,387,953 $ 174,651 537,935 712,586 306,925,353 11,750,014 318,675,367 $ 319,387,953 CITY OF ROANOKE. VIRGINIA SUMMARY OF CITY MANAGER TRANSFERS AND AVAILABLE CONTINGENCY JUNE 30, 2006 Transfer Number Date EXDlanation From To Amount General Fund: CMT05-00171 08/23/05 Advertising of City's Zoning Residual Fringe City ClcrkJ Planning, BUilding Ordinance and Mapping Benefits and Development $ 42,100 CMT05-QO:!22 10/25/05 HVAC System for PWSC Building Maintenance PW3C Upgrade Phase I and II Renovation of Solid Waste 25,000 CMT05-002~4 11 !02!05 Vehicle replacement JaIl Fleet Management- Nonoperating 23.900 CMT05-Q0233 11102/05 Consulting for JaIl and Jail Staff Contractors and Courthouse Surveillance Consultants 30,765 CMT05-00245 11102/05 Holiday Decorations Residual Fnnge Parks Benefits 54.000 CMT05-Q024ì 11i14i05 Deer Management Program Residual Fringe Pollee-Animal Control Benefits 59,543 C MT05-00285 12/23/05 Employee Tuition Assistance Contingency-General Human Resources Fund 15,000 CMT05·00286 12/20105 Fire/EMS Station Study ReSidual Fringe Fire-Admimstration Benefits 62400 CMT05-002ì1 01/12106 Telecommunications Overtime Police-Services T elecommumcations 10,000 CMT05-00009 02106!06 Community Based Corrections Residual Fringe Jail Plan Benefits 40,0.15 CMT06-00038 03/10/06 HOllslng Strategic Plan Residual Fringe HOUSing and Neighborhood Benefits Services 13,070 CMT06-00047 03/10/06 Vehicle Replacement Jail Fleet Management- Nonoperating 24,500 CMT06-00052 03/29/06 Amphitheater Market Demand Residual Fringe Amphitheater Market Demand Study Benefits Study 35,000 C MT06-0005: 03129106 Mill Mountain Thealre ,Joint Residual Fringe Membershi¡:s and Affiliations Ticketing/Marketing Benefits 15.664 CMT06-00069 05/02/06 Program SpeCIfic Grant! Citizen Contingency - General Police Patrol and Police Donat8d f'"unds Fund Services 18.505 CMTOG-00084 05/08i06 Vehicle Replacement Jail Fleet Management- Nonoperating 22,000 CMT06-00096 06/01/06 Old YMCA Building AcqUISitIOn Residual Fringe YMCA Aquatic Center and Asbestos Abatement Benefits 21,302 CMT06-00096 06101i06 Old YMCA BUilding Acquisition ReSidual Fringe RRHA! Property AcqUISition and Asbestos Abatement Benefits 8.963 CMT06-00100 05/23/06 Additional Funding for Miscellaneous Board of Equalization Assessment Appeal Process 10.9ìa CMT06-00139 06/13/06 Professional Services Expenses Occupational Health Human Resources Higher than Anticipated Clinic 15.000 CMT06-00150 06/24/06 Payment to Downtown Roanoke Miscellaneous Memberships and AfflhatlOns lnc and Williamson Road BUSiness District for Excess Districl Ta:< Collected 11,932 23 CITY OF ROANOKE. VIRGINIA SUMMARY OF CITY MANAGER TRANSFERS AND AVAILABLE CONTINGENCY JUNE 3D, 2006 (CONTINUED) Transfer Number Date Exolanation General Fund (continued): CMT06 ·00151 06!26/06 Property Acquisition al 806 Marshall Avenue CMT05-00151 06/26/06 Library Planning Study CMT06-00160 07113/06 Storm Drain GIS Project CMT06-0Q160 07/13/06 Gateway Signagc CMT06-00184 08;03,06 Supplies. Traming and Dcvclopmenl El(penses Higher than Anticipated CMTOS·00185 08/03;06 Salaries EJ.penses Higher than Anticipated CMT06-00 185 08!03i06 Salaries E:tpcnscs Higher than Anticipated CMT05-Q018ì 08103,06 Fleet EJ.pcnses Higher than Anticipated CMT06-0Q187 08/03/06 Electric E:<pcnscs Higtlcr than Anticipated CMT06-00191 08/04/06 Risk Management Miscellaneous Claims Higher than Anticipated CMT06-00193 08i03'06 Weed and Trash Expenses Higher than Anticipated CMT06-00194 08/09/06 Workers Compensation Medical E....pcnscs Higher than AnticIpated CMT06-00198 08/14/06 AccrõJal of KPMG Auditing Services Caoital Projects Fund: CMTOS-00222 10!25/05 HVAC System for PWSC Renovation of Solid Waste CMT05-00~67 12101105 HVAC System for PWSC Renovation of Solid Waste CMT06-00040 03/~3;06 10th Street Widening Project CMT06-0005~ 03!~9i06 Amphitheater Market Demand Study From Residual Fnnge Benefits Residual Fringe Benefits To RRHA! Property AcqUIsition Library Plannrng Study Transportation· Streets Storm Drain GIS Project & TraffiC Transportation· Gateway Signage Engineenng and Operations Custodial Services and Building Maintenance Occupational HealU, Clrnic Purchasing arId Director of General Servlt.es Human Resources Transportation - Streets Human Resources & TraffiC Transportation - Director of Public Worl<.s Engineering and Operations Transportation - Engineering and Operations Police· Administration Parks Contingency· General Fund Residual Frrnge Benefits Building Maintenance- General Fund Solid Waste Management· Refuge/Recycle Crisis Intervention Housing So Neighborhood ServIces Jail Municlr;::al Auditing Total General Fund PWSC Upgrade Phase I and il Facillties Management- PWSC Upgrade Phase I and II BeA? Projects VDOT High...Jay Projects ReSidual Fringe Benefits 2·~ 10th Street VVidenrng Project Amphitheater Market Demand Study Amount 9,540 6183 S2.777 35.000 16.600 8,160 1,840 1.900 36,500 ~~.500 14.~OO 18.995 45,000 $ a~6,g52 S ~5,000 75,000 4:2.120 35,000 CITY OF ROANOKE. VIRGINIA SUMMARY OF CITY MANAGER TRANSFERS AND AVAILABLE CONTINGENCY JUNE 30. 2006 (CONTINUED) Tranlifer Number Date Exolanation Cauital Proiects Fund (continued): CMT06-Q0064 05/01/06 Will,amson Road Fire St<Jhon Design Services Contract CMT06-0Q067 05102106 Aviation and Towne Square Intersection Improvements CMT06-Q0079 05/15/06 Utilize Remaining Balance for Closing Capital Project CMT06-0D079 05/15/06 Utilize Remaining Balance for ClosIng Capital Project CMT06-Q0079 05/15i06 Utilize Remaining Balance for Closing Capital Project CMT06-000BO 05/17/06 13111 Street and Hollins Road Project CMT06-00096 06/01i06 Old YMCA BUIlding Acquisition and Asbestos Abatement CMT06-0009S 06101/06 Old YMCA Building Acquisition and Asbestos Abatement CMT06-00096 06;01;06 Old YMCA Building Acquisition and Asbestos Abatement CMT06-0009S 06101i06 Old YMCA Building Acquisition and Asbestos Abatement CMTOô-00149 06/26/06 Williamson Road Fire Station Design Services Contract CMT06-00155 Oôl:2S106 Utilize E;o:cess Project Funding CMTOô-0015ô 06¡'2610S Library Planning Study Deoartment af Technalaav Fund: CMT05-00233 11102105 Consulting for Jail and Courthouse Surveillance CMT06-00160 07113106 Storm Drain GIS Project Fleet Manaaement Fund: CMT05-00224 11i0'2!05 Vehicle Replacement CMT06-00047 03.11 Of 06 Veh:cle Replacement CMT06-00084 05i08106 Vehicle Replacement From Fire/EMS Station #3 Melrose Avenue VDOT Highway Projects Trevino Drive Phase II Design Fee Harvest Drain DeSign Fcc Ohio/Courtland Design Fee To FireiEMS Station #5 Williamson Road Aviation & Towne Square Boulevard MIscellaneous Storm Drains Miscellaneous Storm Drains Miscellaneous Stonn Drains VDOT Highway Budget 13th Street Widening Project Capital Improvements YMCA Aquatic Center Re:servc Capitallmprovernents RRHA ¡Property Acql.iis:tiorl Reserve ResidlJal Fnnge YMCA AquatiC Center Benefits ReSidual Fringe: RRHA i Property AcquiSition Benefits FIre/EMS FaCIlities Adrmnistrativc Irnprovements Program FIre/EMS Station #5 Williamson Road Martin Luther King Jr Memorial Bridge FaCIlitIes Management - Library Planning Study BCAP Project .Jelll Capltallrnprovements Re:serve Total Capital Projects Fund Staff Contrac!urs and ConslJlfants Transportatron - Streets Storm Drain GIS Proje::t & Traffic Amount 140,000 70,000 6,146 11.336 ~Q.471 7'2.000 71,419 32,581 21.302 8,963 55,000 273.800 74,781 5 1.040.919 -.- 5 30,765 --..--- Total Department of Technology Fund _ $ 83.542 5'2.,777 Jail JaIl Jail ::::i Fleet Management- Nonoperating Flee:t Managemcnt- Nonoperating Fleet Management- Nonoperating S :23,900 24.500 22,000 Total Fleet Management Fund ~?.:.±QQ... CITY OF ROANOKE, VIRGINIA SUMMARY OF CITY MANAGER TRANSFERS AND AVAILABLE CONTINGENCY JUNE 30. 2006 (CONTINUED) Transfer Number Date Exolanation Available Continaencv Balance of Contingency at July 1, 2005 Contingency Transfers: CMT05-00192 09/01/05 Health Department Sexually Transmitted Disease Nurse Position CMT05-00205 09/20/05 Crystal Spnngs Streetscape Project Plan and Cost Estimate CMT05-00208 09/22/05 HUrricane Katnna Relief Effort> CMT05-00220 11/07105 Geotechnical Investigation of Loudon and Gainsboro Site CMT05-00251 11/16/05 Consulting for Stormwater Management CMT05-00283 12/19/05 Electric Rate Study CMT05-00288 01/05/06 Litigation Costs CMT05-00295 01/05/06 Event Zene CMT06-00009 02/06/06 City of Roanoke Annual Report CMT06-0001 i 02/2i/06 Non-aviation Land Lease Costs CountrysIde Golf Course CMT06-00033 02/28/06 1.000 Tons of Bulk Salt CMT06-00034 03/10/06 Litigation Costs CMT06-00046 03/10/06 Municipal Calendar CMT06-00052 03/2(1/06 Lecal Colors CMT06-00061 04/26/06 PreeesslWork Flow and Organization Assessment CMT06-00083 05/08/06 Public Works Lunch CMT06-00106 06/01/06 Juror Services Expenses Higher than Anticipated CMT06-0011ï 06/01/06 Promotron of Roanoke Brand Image CMT06-0118 06/0i/06 Major Plumbing Repair and Larger than Expected Gas Bill 26 To Amount $ 839,063 Health Department (18,169) Crystal Springs Streetseape (25,000) Memberships and Affiliations ( :0.000: Engineering 12,750) Stormwater Management Ordinance (40.912) Transportation-Street Lighting (31842) Economic Development (6i,4ïï) Parks and Recreation- Administration (33,540) Office of Communications (23,021) Countryside Golf Course (2.038) Transportation - Snow Removal (58,100j Economic Development (32.368) Office of Communications (5.310) Parks and Recreation - Administration (520) Engineering (1ï.ï38) Transportation - Engineenng and Operations (2,200) CircuIt Court (15,062) Office of Communication (21,609) Market Building Operations (3i,200) CITY OF ROANOKE, VIRGINIA SUMMARY OF CITY MANAGER TRANSFERS AND AVAILABLE CONTINGENCY JUNE 30, 2006 (CONTINUED) Transfer Number Date Explanation To Amount CMT06-00 150 06/26/06 Provide Funding for Contributions Memberships and Affiliations (19500} CMT06-00163 07/07/06 Publications for Feral Cat City Manager Committee (603) CMT06-00181 08/09/06 Postage Expenses Higher than Treasurer Anticipated (12.300) CMT06-00181 08/09/06 Meal Expenses Higher than City Manager Anticipated (1,160) CMT06-00181 08/09/06 Telephone Expenses Higher than Magistrates Office Anticipated (35) CMT06-00181 08/09/06 Salary Expenses Higher than Municipal Auditlllg Anticipated (515) CMT06-00182 08/09/06 Additional Funding for Residential Juvenile and Domestic Detention Services Relations Court Services (126,000) CMT06-00183 08/09/06 Additional Local Match for Grants Transfers To Other Funds (6,175) CMT06-00183 08/09/06 Countryside Bond and Bond Debt Service Fund Anti:ipation Note Interest (138070) CMT06-00183 08/09/06 Maintenance Expenses Higher Market BUilding Operations than Anticipated (5500) Contingency Increases/(Appropriations) Through Budget Ordinances: B037073-1 05/06/05 Inner City Athletic Association Human Services Committee (5,000) B037114-02 07/05/05 Additional Social Worker Positions Social Services - Services (39,026) 8037351 05/01/06 Arts Festival Manager City Manager (10849} B037414-1 06/09/06 VDEM Flood Damage Flood Damage Reimbursement Reimbursement for SeptE'rnber 2004 Flood 20,092 B037424-3 06/24/06 Certified Local Government Grant Certified Local Government Local Match Grant \ 10,OCO) Available Contingency at June 30. 2006 $ 39.566 Notes: Under City Code section 2-121, the City Manager has authority to make transfers up to $75.000 between departments from July through March and in any amount from April to June The CIty Manager has the authority to make unllrTllted transfers within departments. The scope of this report IS lunited to mterdepartmenl transfers that are $10,000 or greater. 27 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avellue. S.W" Room 456 Ro¡mukc. VlTginia240J 1-1536 Telephone: (S..W) 853-2541 F;IX: (S..W.I 1;53-] 1-1.5 E-nwjl: ch:rk@ci.ro3noke.\"3.11s MARY F. PARKER. CMC City Clerk Cindy H. Poulton, Clerk Roanoke City School Board P. O. Box 13145 Roanoke, Virginia 24031 Dear Ms. Poulton: STEPHArilE ~I. MOON. CMC Depuly CilY Clerk SHEILA ri. HARTMAN Assistant Cily Clerk August 24, 2006 File #467 At a regular meeting of the Council of the City of Roanoke which was held on Monday, August 21, 2006, Council concurred in the request of the Roanoke City School Board that a public hearing be held on Monday, September 18, 2006, with regard to issuance of VPSA School Financing Bonds (1997 Resolution) Series 2006B for the Monterey Elementary School renovation project. The public hearing will be held at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber. MFP:ew ;;::':" J. L Mary F, Parker, CMC City Clerk L:\CLERK\DATA\CKEW1\AGENDA CORRESPONDENCElagenda correspondence 06\Aug 06\Aug 21 06 cor.doc City of Roanoke School Board P.O. Box 13145, Roanoke VA 24031. 540-853-2381. FAX 540-853-2951 David B. Carson, C!7air Alvin L. Nash. VIce Chair Jason E. Bingham Mae G. Huff William H. Lindsey Courtney Ä. Penn Todd A. Putney Marvin T. Thompson, Superintendent Cindy H. Poulton, Clerk of the Board August 21, 2006 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 August 8, the Board approved the attached resolution to participate in the VPSA School Financing Bonds (1997 Resolution) Series 2006 B program. The proceeds of the bond issue will be used in lieu of the Literary Fund loan approved by the City for the Monterey Elementary School project. The School Board will pay the debt service on the VPSA School Financing Bonds. The use of the bond issue provides: . The debt will not count against the $20 million Literary Fund loan debt ceiling for the locality. . The first debt service payment will not be due until the 2007-08 fiscal year. Under the Public Finance Act, a public hearing on the issuance of the VPSA bonds for Monterey Elementary School must be held before the bonds may be issued. Accordingly, the School Board requests that Council authorize publication of a notice of public hearing for a public hearing on the issuance of these bonds, and authorize such public hearing to be held at Council's September 18, 2006 meeting. Members of Council Page 2 August 21, 2006 The Roanoke City School Board appreciates the assistance of the City Administration in conducting the necessary public hearing required for participation in the VPSA bond issue. Sincerely, ~.~oJ..4.- Cindy H Poulton Clerk 0 the Board re Ene. cc: Mr. David Carson Mr. Marvin T. Thompson Mr. Bernard J. Godek Mr. Kenneth F. Mundy Mrs. Darlene Burcham Mr. William M. Hackworth Mr. Jesse A. Hall ·" August 8, 2006 . RESOLUTION AUTHORIZING CERTAIN IMPROVEMENTS, AUTHORIZING AN APPLICATION TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY FOR BOND FINANCING, AND REQUESTING ROANOKE CITY COUNCIL TO ISSUE GENERAL OBLIGATION SCHOOL BONDS FOR SCHOOL PURPOSES BE IT RESOLVED: 1) The School Board of the City of Roanoke, Virginia hereby (i) approves capital improvements for the renovation of Monterey Elementary School at an estimated cost of $2.8 Million (the "Project"), (ii) authorizes and approves the filing of an application to the Virginia Public School Authority ("VPSA") seeking bond financing in an amount not to exceed $2.1 Million, and (Hi) requests that the City Council of the City of Roanoke, Virginia, (the "City") authorize the City to issue its general obligation school bonds to be sold to VPSA in an aggregate principal amount not to exceed $2.1 Million, for the purpose of financing a portion of the cost of the Project. 2) This resolution shall take effect immediately by the following recorded vote: Yea Nay David B. Carson, Chair Alvin L. Nash, Vice Chair Jason E. Bingham Mae G. Huff William H, Lindsey Courtney A. Penn Todd A. Putney The undersigned Clerk of the School Board of the City of Roanoke, Virginia hereby certifies that the foregoing constitutes a true and correct extract from the minutes of a meeting of the School Board held the 8th day of August, 2006. WITNESS, my signature and seal of the School Board of the City of Roanoke, Virginia, this 8th day of August, 2006. (SEAL) Clerk, School Board of City of Roanoke, Virginia CITY OF ROANOKE DEPARTMENT OF FINANCE 215 Church ^ venue. S. W.. Room 461 P.O. Box 1220 Roanoke. Virginia 24006-1220 Telephone: (540) 853-2821 Fax: (540)853-6142 AN:>I H. SHAWVER 1lE'IUlly Oin'rlor {.mail: "no_sha....\·cT!i'"{'ci wallllke.va.us JESSE A. HALL Dirrrtor or I-ïnance cmail:Jessc_ha11ri!.ci.rt1anoke.\.a.us August 21, 2006 Honorable C. Nelson Harris, Mayor Honorable David B. Trinkle, Vice-Mayor Honorable Alfred T. Dowe, Jr., Council Member Honorable Beverly T. Fitzpatrick, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Brian J. Wishneff, Council Member Dear Mayor Harris and Members of City Council: Subject: Authorization to Publish a Notice of Public Hearing As the result of official School Board action at its meeting on August 8, the Board approved the attached resolution to participate in the VPSA School Financing Bonds (1997 Resolution) Series 2006 B program. The proceeds of the bond issue will be used in lieu of the Literary Fund loan approved by the City for the Monterey Elementary School project. The School Board will pay the debt service on the VPSA School Financing Bonds. The use of the bond issue provides: . The debt will not count against the $20 million Literary Fund loan debt ceiling for the locality. . The first debt service payment will not be due until the 2007-08 fiscal year. Under the Public Finance Act, a public hearing on the issuance of the VPSA bonds for Monterey Elementary School must be held before the bonds may be issued. Accordingly, the School Board requests that Council authorize publication of a notice for a public hearing on the issuance of these bonds, and authorize such public hearing to be held at Council's September 18, 2006 meeting. Honorable Mayor and Members of Council August 21, 2006 Page 2 Authorization for issuance of up to $2.1 million in VPSA bonds is requested. City Council has previously authorized the School Board to apply for a Literary Fund loan in the amount of $2 million, and City Council has also appropriated the same to a project account in the School Capital Projects Fund. The amount of potential issuance has been increased to $2.1 million to anticipate the possibility that the bonds would be issued at a discount. If this were to occur, proceeds in the amount of $2 million would still be needed, therefore the requested issuance amount has been increased to accommodate this potential. This change will not have a significant impact on debt capacity and limits under our debt policy. We recommend that you concur with the School Board's request to conduct the necessary public hearing required for participation in the VPSA bond issue. Sincerely, ~A HrD Jesse A. Hall Director of Finance c: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Mary F. Parker, City Clerk Sherman M. Stovall, Director of Management and Budget Marvin T. Thompson, Superintendent of City Schools . ~,'. t· CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue. S.w.. Room 456 Roanoke. VlTginia24011-1536 Telephone: (541») R5.3·25.. t Fa'll;: (540) 853-1145 E-m¡li]: clerJ..:0 l,:i.ro~lll(lke.\":.l.u!Õ STEPIIAME M. MOO:". OIC Deputy City Clerk i\.IARY f. IIAKKER, CJ\IC Cityell'lk SHEILA :". HARTMAN A~:'lstant City Clerk August 24, 2006 File #329-467 David B. Carson, Chair Roanoke City School Board 3037 Carolina Avenue, S. W. Roanoke, Virginia 24014 Dear Mr. Carson: I am enclosing copy of Resolution No.3 7510-082106 authorizing the School Board for the City of Roanoke to make application for a loan of $7.5 million from the State Literary Fund for adding to and modernizing William Fleming High School. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 21, 2006. n'~;. ~ Mary F. Parker, CMC City Clerk MFP:ew Enclosure pc: Darlene L. Burcham, City Manager Jesse A. Hall, Director of Finance Cindy H. Poulton, Clerk, Roanoke City School Board, P. O. Box 13145, Roanoke, Virginia 24031 Sherman M. Stovall, Director, Office of Management and Budget L:lCLERKlDATAICKEW1IAGENDA CORRESPONDENCElagenda correspondence 06IAug 06IAug 21 06 cor.doc / ./ ! /\ ( uvy IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of August, 2006. No. 37510-082106. A RESOLUTION authorizing the School Board for the City of Roanoke to make application for a loan from the State Literary Fund for adding to and modernizing William Fleming High School. WHEREAS, the School Board for the City of Roanoke, on the 21 st day of August, 2006, presented to this Council an application addressed to the State Board of Education of Virginia for the purpose of borrowing from the Literary Fund $7.5 million for constructing new school buildings at William Fleming High School, to be paid in twenty (20) annual installments, and the interest thereon at three percent (3%) paid annually. BE IT RESOLVED that the app]ieation of the City School Board to the State Board of Education of Virginia for a loan of$7.5 million from the Literary Fund is hereby APPROVED, and authority is hereby granted the City Schoo] Board to borrow the amount for the purpose set out in application. The Council of the City of Roanoke will each year during the life of this loan, at the time it fixes the regular levies, fix a rate of levy for schools or make a cash appropriation sufficient for appropriation expenses and to pay this loan in annual installments and the interest thereon, as required by ]aw regulating loans from the Literary Fund. ATTEST: J(J~ V\~l City Clerk. City of Roanoke School Board P.O. Box 13145, Roanoke VA 24031. 540-853-2381. FAX 540-853-2951 David B. Carson, Chair Alvin L. Nash, VIce Olaf,. August 21, 2006 Jason E. Bingham Mac G. Huff William H. Lindsey Courtney Ä. Penn . Todd Ä. Putney The Honorable C. Nelson Hams, Mayor And Members of Roanoke City Council MarvinT. Thompson, Roanoke VA 24011 Supermtendef1l I Cindy H. Poulton, Clerk of the Board Dear Members of Council: As the result of official School Board action at its August 8 meeting, the Board respectfully requests City Council to approve a State Literary Fund loan application in the amount of $7.5 million for improvements to William Fleming High School. The loan application includes a resolution for architectural supervision. The debt service on the loan will increase the Board's debt service expenditure by $600,000 commencing in FY2008-09, but no debt service liability is incurred until funds are drawn against the loan account. The Board appreciates the approval of this request. Sincerely, ~.Po~ C~~~; ~~l~?ulton Clerk of the Board re Ene. cc: Mr. David Carson Mr. Marvin T. Thompson Mr. Bernard J. Godek Mr. Kenneth F. Mundy Mrs. Darlene Burcham Mr. William M. Hackworth Mr. Jesse A. Hall Mr. Jim Newman " VA 005 1/99 No. APPLlCA nON FOR LOAN FROM THE LITERARY FUND OF V IRGIJI;IA Name ofSchool._'!'!.illiam Fleminq Hiqh School Name of~¢«IlIi!-City --Roanoke. TO TilE STATE HOARD OF EIH:CA TION, Richmond. Virginia: Gentlemen: The School Board for th~"nty-City of Roanoke .__ .._.__hereby makes applkation (lr a loan ofS $7 t; millinn from the Literary Fund ofYirginia for the purpose of erecting, enlarging. or altering (making permanent improvement to) a school building located at.~649-ÞemGliffA\L8ffi e,-N, W. as follows: (Describe briefly) Dn;:annvo \/tJ. ?An17 , I. The said building. addition. or permanent improvement described ahove, to be of. __.. Bficlt..----:--.. t I ypc 01 con'sì.rucl1on.l;lnck. frame. etc.) will br: usc:d as a High School (Elem..II. s.. Comh. [Iem. & II.S.) building. and is estimated to cost S $7.5 mil]ion. "") Thl' lOtal cstimalc:d value of the existing school plant, including site, plus the proposed building addition. or permanent improvement thereto. is S~~J,425.,455 3. There is at present a loan frumlhe Literary Fund on this William Fleming High School fBuildil1ß or school plant) in the amount of$__.. 0- 4. The total amount of the loan will not exceed the cost afthe building, addition. or permanent improvement thereto. and site. on a¡,;¡,:ount afwhich such loan is made. 5. The site on which this building. addition, or permanent improvement, will be located contains 30 acres. of which 30 acres are well suited and useable, or can be easily improved and made useable, for playground and recreational purposes. G. The plans and specifications for the building or improvement, complying with ~1inimum School Building Requirements, have been or will be approved by the division superintendent of schools and the Superintendent of Public Instruction before construction is begun. It is understood that the State Board of Education reserves the right to withhold any pmt or all of the amount of this 1(1~1I1. irthe plans nnd specifications approved by the Superintendent of Public Instruction are not followed. , 7. The propost:d building. addition. or permanent improvement, is dcsirahle bet'ause: (Explain briefly) Construct-ª-!l_ew school to meet the curriculum and program_oeeds..oLthe._71st Century. 8. The present total indebtedness <)(JtIJç)Çollnty-City for school buildings is-......--$86,712T104-._.. ._.. $4, Q5' ,oods owed to the Literary FlInd. 9. This CouP¥i~Xy has nul defaulted or failed to meet its debt service obligations as and when due for the five years except, a~ follows: None ..._ u __ .._ ____ of which 10. Adequate and satisfactory supervision of construction will be provided by the: school board in accordance with the provisiol1$ of "\:linimum Requirements and Standards for School Buildings," Regulations State Board of Education. II. The building or improvement for which this appl ¡cation for a loan is made is part of a long-range planning program in accordance with thl: provisions of "tvlinimum Requirements and Standards Cor School Buildings," Regulations State Board of Education, and is recommended in the study or survey made by (give title and date) _ .__" _ ____ ~ve-YeClr Capi_tal IrI!provement Plan, FY2006-10 12. This loan is to be made for 20 vears, and is to be paid in __..20_ u_ annual installmcnts. with interest at the ratc 510:ro 510<'0 or _ ___ 3pcr centum per annum, payable annually. 13. Tht' Board of Supervisors for the County, or the Councillor lhe Cily. has by resolution (page 3 of this application agreed to provide for the repayment of this loan. 14. The School Board is not in default in the payment orallY part orthe principal of any previous loan from the Literary FUlld and. rur atlcast two years imlllediately before this loan, has not been more than six months in default in the paymenl ofintC'rest due on any loan from the Literary Fund. Given under illY hand this the __ __ day of ,19_ THE SCHOOL BOAR ) OF Col('*Aïty By . Chairman ATTEST: ._,Clerk SEAL August 8, 2006 RESOLUTION WHEREAS, the Roanoke City School Board is in the process of developing and approving the design plans for William Fleming High School and actual construction is scheduled to proceed in June, 2007; and WHEREAS, State Literary Fund Loan regulations require that professional supervision be provided by the School Board for all projects funded by Literary Fund loans. THEREFORE, BE IT RESOLVED that the Roanoke City School Board agrees to retain professional services (the architectural firms of Rife & Wood and Perkins and Will) to supervise the construction/ improvements for William Fleming High School. Marvin T. Thompson Superintendent David B. Carson Chair CITY OF ROANOKE DEPARTMENT OF FINANCE .JESSE A. HALL 215 Church Avenue. S.W.. Room 461 1'.0. Box 1220 Roanoke. Virginia 24006-1220 Telephone: (540) 853-2821 Fax: (5401 853-6142 ANN H. SHA WVER Deput): Ilireclor cII13il::mn_shaw\"clI!fci.ro:mflkc\"a.us nirecfor or Finan('(' c'mlil:jessc_.h311(~'i;ci ro;mokc va.us August 21, 2006 Honorable C. Nelson Harris, Mayor Honorable David B. Trinkle, Vice-Mayor Honorable Alfred T. Dowe, Jr., Council Member Honorable Beverly T. Fitzpatrick, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Brian J. Wish neff, Council Member Dear Mayor Harris and Members of City Council: Subject: State Literary Fund Loan Application As the result of official School Board action at its meeting on August 8, the Board has respectfully requested that City Council approve a State Literary Fund loan application in the amount of $7.5 million for improvements to William Fleming High School. The loan application includes a resolution for architectural supervision. The debt service on the loan will increase the Board's debt service expenditure by $600,000, commencing as early as FY2008-09, but no debt is incurred until funds are drawn against the loan account. The William Fleming High School construction project is included in the City's adopted Capital Improvement Program. The project will begin in the summer of 2007 and should conclude in the summer of 201 O. Debt issuance is planned by the City in FY08 and FY09. The Literary Fund loan is currently included in the City's planned debt issuance schedule for issuance in FY09 with debt service commencing in FY10. The application for this Literary Fund loan should be made now so that the Schools can get on the waiting list for funding. We anticipate that the ultimate timing of issuance will remain consistent with our original plans whereby debt service will likely begin in FY10. Debt service on this loan will be funded by the Schools. Additionally, the Schools are prepared to cover interim cash flow needs until that time when debt issuance takes place. We recommend that you concur with this request of the School Board, and adopt a resolution to approve the State Literary Fund loan application as requested above. We also recommend that you adopt a resolution to declare the City's intent to reimburse itself using the proceeds of this debt for any expenditures incurred prior to issuance. Honorable Mayor and Members of Council August 21, 2006 Page 2 0:' l ¡µ; 1/sse A. Hall Director of Finance JAH/pac c: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Mary F. Parker, City Clerk Sherman M. Stovall, Director of Management and Budget Marvin T. Thompson, Superintendent of City Schools "I I' " 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 August 24, 2006 File #60-467 Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Budget Ordinance No.3 7511-082106 appropriating Literary Loan Funds, in the amount of $7.5 million, for renovation of William Fleming High School, and amending and reordaining certain sections of the 2006-2007 School Capital Projects Fund Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 21, 2006, and is in full force and effect upon its passage. ?\:,; ~ Mary F. Parker, CMC City Clerk MFP:ew Attachment pc: Darlene L. Burcham, City Manager Jesse A. Hall, Director of Finance Cindy H. Poulton, Clerk, Roanoke City School Board, P. O. Box 13145, Roanoke, Virginia 24031 Sherman M. Stovall, Director, Office of Management and Budget L:\CLERKlDATA\CKEW1\AGENDA CORRESPONDENCElagenda correspondence 06\Aug 06\Aug 21 06 coLdoc · '"" ~ \'>" IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of August, 2006. No. 37511-082106. AN ORDINANCE to appropriate Literary Loan Funds for renovation of the William Fleming High School, amending and reordaining certain sections of the 2006- 2007 School Capital Projects Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2006-2007 School Capital Projects Fund Appropriations be, and the same are hereby. amended and reordained to read and provide as follows: Appropriations Appropriation From Literary LoanNPSA Bonds 31-065-6070-9006-6896 $7,500,000 Revenues Literary Loan William Fleming High School 31-065-6070-1459 7,500,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: n~ Ç}¡J~ City Clerk. CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W.. Room 456 R,)anoke. VirgiIria24011-1536 T~kplH.lne. r)~I)1 ~:'i]·':::5.. 1 [-ax: (:'i-WI ~:,3-114) E-Illail. ..:ll'rk/{f ('i.r(,anoke. \11.U.' STHHMaE '1. MOO", OIC Deputy City Cll:r~. MAR' F. PARKER. CMe City ('INk SHEILA :'I. IIARTMA" As.~ist.lIl1 City Ckrk August 24, 2006 File #427 David B. Carson, Chair Roanoke City School Board 3037 Carolina Avenue, S. W. Roanoke, Virginia 24014 Dear Mr. Carson: I am enclosing copy of Resolution No.3 7512-082106 authorizing the School Board for the City of Roanoke to expend funds for construction of new school buildings at William Fleming High School and declaring the City's intent to borrow to fund or reimburse such expenditures up to $7,5 million. . The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 21,2006. Sincerely, íJ n ~ -1-.~ Mary F. Parker, CMC City Clerk ¡'u - MFP:ew Enclosure pc: Darlene L. Burcham, City Manager Jesse A. Hall, Director of Finance Cindy H. Poulton, Clerk, Roanoke City School Board, P. O. Box 13145, Roanoke, Virginia 2403 J Sherman M. Stovall, Director, Office of Management and Budget L:ICLERKlDATAICKEW1\AGENDA CORRESPONDENCElagenda correspondence 06\Aug 06\Aug 21 06 cor.doc :J~5 IN THE COlJNC]L OF THE CITY OF ROANOKE, VIRGINiA. The 21st day of August, 2006. No. 37512-082106. A RESOLUTlOK alllhorizing the School Board for the City of Roanoke to expend funds for constructing ncw school buildings at William Fleming High School and declaring the City's intent to bonow to fund or reimbuTse such expenditures. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The School Board of the City of Roanoke is authorized to expend out of the City's capital improvement fund up to $7.5 million for the cost of constructing new school hui1dings at Vvïlliam Fleming High School ("the Project"). ~ In accordance with U. S. Treasury Regulations §1.150-2. it is hereby declared that the City reasonably expects to Teimburse capita] expenditures and bund issuance costs for the Project with proceeds of an obligation or obligations to be incuned by the Schoo] Board and/or the City. Thc maximum principal amount of debt expected to be issued for the Project is $7.5 million. 3. This is a declaration of official intcnt under Treasury Rcgulation §1 .150-2. ATTn~jL Cily CJerk. City of Roanoke School Board P.O. Box 13145, Roanoke VA 24031. 540-853-2381. FAX 540-853-2951 David B. Carson, Chûir Alvin L. Nash, ~':íce C!7.7ir Jason E. Bingham ~1ae G. Huff William H. Lindsey Courtney A. Penn Todd A. Putney Marvin T. Thompson, Superintendent Cindy H. Poulton, C1i..'rk of thi' BOiUd August 21, 2006 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 August 8, the Board respectfully requests City Council to appropriate $7,500,000.00 in Literary Fund loan funds to provide for a portion of the cost of the construction for the new William Fleming High School. The Board thanks you for your approval of the above request. Sincerely, ~~.Po~ Cindy ¡. Poulton, Clerk re cc: School Board Chairman Mr. Marvin T. Thompson Mr. Bernard J. Godek Mr. Kenneth F. Mundy Mrs. Darlene Burcham Mr. William M. Hackworth Mr. Jesse A. Hall Mr. Jim Newman (with Accounting details) . "... '.!' ~.' :' CITY OF ROANOKE DEPARTMENT OF FINANCE 215 Church Avenue. S.W.. Room 461 P.O. Box Ino Roanoke, Virginia 24006-1220 Telephone: (540) 853-2821 Fax: (540) R53-6142 ANN H. SHA WVEI{ Ucput)ol)jrcclor emall" ann ~h.lw\cT"~! ~l.n';lT1,'I..C.\·:lll!:' JESSE A. HALL Dirtclor of Finance cmail Jc~::;c_h¡¡l1i~!\ci.t.,anúkc \".Uß August 21, 2006 Honorable C. Nelson Harris, Mayor Honorable David B. Trinkle, Vice-Mayor Honorable Alfred T. Dowe, Jr., Council Member Honorable Beverly T. Fitzpatrick, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Brian J. Wishneff, Council Member Dear Mayor Harris and Members of City Council: Subject: School Board Appropriation Request As the result of official School Board action at its meeting on August 8, the Board has respectfully requested that City Council appropriate $7,500,000 in Literary Fund loan funds to provide for a portion of the cost of the construction for the new William Fleming High School. The application for Literary Loan Funds is planned for this fall to ensure the Schools are placed on the waiting list at an appropriate time. Appropriation of funds will enable the Schools to proceed with initial stages of the project such as contracting for construction management services, additional architectural design services and other planning. We recommend that you concur with this report of the School Board and adopt the attached budget ordinance to appropriate funding as requested above. Sincerely, 9~- A· !-JJI Jesse A. Hall Director of Finance JAH/pac c: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Mary F. Parker, City Clerk Sherman M. Stovall, Director of Management and Budget Marvin T. Thompson, Superintendent of City Schools 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 August 24, 2006 File #60-467 Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Budget Ordinance No.3 7513-082106 appropriating funds from the Commonwealth and Federal governments, as well as from fees to support various school grants and programs, and amending and reordaining certain sections of the 2006-2007 School Fund Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 21, 2006, and is in full force and effect upon its passage. Sincerely, () . I\~ .J,~ J...~ Mary F. Parker, CMC City Clerk MFP:ew Attachment pc: David B. Carson, Chair, Roanoke City School Board, 3037 Carolina Avenue, S. W., Roanoke, Virginia 24014 Darlene L. Burcham, City Manager Cindy H. Poulton, Clerk, Roanoke City School Board, P. O. Box 13145, Roanoke, Virginia 24031 Sherman M. Stovall, Director, Office of Management and Budget L:\CLERKlDATAICKEW1\AGENDA CORRESPONDENCElagenda correspondence 06\Aug 06\Aug 21 06 cor.doc ~'ì \> IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of August, 2006. No. 37513-082106. AN ORDINANCE to appropriate funding from the Commonwealth and Federal governments as well as from fees to support various school grants and programs, amending and reordaining certain sections of the 2006-2007 School Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2006-2007 School Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Compensation of Teachers . Compensation of Counselors Retirement-HIC-VRS Social Security Retirement VRS Health Insurance Group Life Insurance Books and Subscriptions Educational and Recreational Supplies Compensation of Principals Compensation of Clerical Retirement-HIC-VRS Social Security Retirement VRS Health Insurance Group Life Insurance Educational and Recreational Supplies Additional Machinery and Equipment Compensation of Custodians Social Security Retirement - Other Health Insurance Interest Compensation of Supervisors Compensation of Teacher Aides 30-062 -6344-0 121-6146 30-062 -6344-0123-6146 30-062-6344-0200-6146 30-062-6344-0201-6146 30-062-6344-0202-6146 30-062-6344-0204-6146 30-062-6344,0205-6146 30-062-6344-0613-6146 30-062-6344-0614-6146 30-062-6344-0126-6319 30-062-6344-0151-6319 30-062-6344-0200-6319 30-062-6344-0201-6319 30-062-6344-0202-6319 30-062-6344-0204-6319 30-062-6344-0205-6319 30-062-6344-0614-6346 30-062-6344-0821-6346 30-062 -6344-0192 -6681 30-062-6344-0201-6681 30-062-6344-0203-6681 30-062 -6344-0204-6681 30-062 -6344-0902 -6998 30-062-6346-0124-6000 30-062-6346-0141-6000 $(27,001) 692 (413) (2,035) 17,951 12,279 7,504 1,313 2,400 3,468 (344) 590 239 3,903 1,029 1,506 5,000 65,158 522 40 45 790 . (9,639) (3,360) 39,160 Compensation of Clerical Retirement-HIC-VRS Social Security Retirement VRS Health Insurance Indirect Costs Other Professional Services Conventions/Education Field Trips Educational and Recreational Supplies Additional Machinery and Equipment Compensation of Supervisors Compensation of Teacher Aides Compensation of Clerical Retirement-HIC-VRS Social Security Retirement VRS Health Insurance Indirect Costs Other Professional Services Conventions/Education Field Trips Educational and Recreational Supplies Additional Machinery and Equipment Additional Machinery and Equipment Additional Machinery and Equipment Additional Machinery and Equipment Supplements Social Security Additional Machinery and Equipment Compensation of Teachers Social Security Compensation of Teachers Compensation of Counselors Compensation of Supervisors Social Security Other Professional Services Conventions/Education 30-062-6346-0151-6000 30-062-6346-0200-6000 30-062-6346-0201-6000 30-062-6346-0202-6000 30-062-6346-0204-6000 30-062 -6346-0212 -6000 30-062-6346-0313-6000 30-062-6346-0554-6000 30-062-6346-0583-6000 30-062-6346-0614-6000 30-062-6346-0821-6000 30-062-6347 -0124-6000 30-062 -634 7 -0141-6000 30-062-6347 -0151-6000 30-062-6347-0200-6000 30-062-6347-0201-6000 30-062-6347-0202-6000 30-062-6347-0204-6000 30-062-6347 -0212-6000 30-062-6347 -0313-6000 30-062-6347-0554-6000 30-062-6347-0583-6000 30-062-6347-0614-6000 30-062-6347 -0821-6000 30-062-6702-0821-6133 30-062 -6702 -0821-6136 30-062-6702-0821-6137 30-062-6702-0129-6138 30-062-6702-0201-6138 30-062-6702-0821-6138 30-062-6703-0121-6550 30-062-6703-0201-6550 30-063-6903-0121-6315 30-063-6903-0123-6315 30-063-6903-0124-6315 30-063-6903-0201-6315 30-063-6903-0313-6315 30-063-6903-0554-6315 Revenues State Grant Receipts Fees Federal Grant Receipts Federal Grant Receipts 30-062-6344-1100 30-062-6344-1103 30-062-6346-1102 30-062-6347 -1102 (5,573) (115) 2,271 (1,518) (2,440) 1,302 12,495 1,519 12,500 35,603 10,000 (3,360) 39,160 (5,573) (115) 2,271 (1,518) (2,440) 1,302 12,495 1,519 12,500 35,603 10,000 231,891 30,000 11,123 39,944 3,056 90,510 22,500 1,721 2,000 1,600 2,600 640 26,802 858 40,099 44,898 101,844 101,844 Federal Grant Receipts Federal Grant Receipts Fees Federal Grant Receipts 30-062-6702-1102 30-062-6706-1102 30-062-6706-1103 30-063-6903-1102 406,524 16,416 7,805 34,500 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: J. f{ ~~ City Clerk. J.~ . City of Roanoke School Board P.O. Box 13145, Roanoke VA 24031. 540-853-2381. FAX 540-853-2951 David B. Carson, Chair Alvin L. Nash, V1ä' Chair Jason E. Bingham Mae G. Huff William H. Lindsey Courtney A. Penn Todd A. Putney Marvin T. Thompson, Superintendent Cindy H. Poulton, Clerk of the f3ß1/d August 21, 2006 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 August 8, the Board respectfully requests City Council to appropriate monies to the following grant programs: · $84,997.00 for the Governor's School program to provide instruction in science and math to high school students. The program will be supported by State funds and tuition collected from participating school districts. This is a continuing program. · $101,844.00 for the Fallon Park 21st Century Community Learning Center. The program will address the critical attendance, academic, and parental involvement needs of the community in a safe, supervised, and nurturing environment. This new program is one hundred percent reimbursed by federal funds. · $101,844.00 for the Westside 21st Century Community Learning Center. The program will address the critical attendance, academic, and parental involvement needs of the community in a safe, supervised, and nurturing environment. This new program is one hundred percent reimbursed by federal funds. · $406,524.00 for the Perkins Act program to provide funds for vocational equipment and training. This continuing program is one hundred percent reimbursed by federal funds. · $24,221.00 for the Adult Education in the Jail program to provide funds to be used for instruction to inmates in the Roanoke City Jail to aid in their acquisition of the GED certificate. This continuing program is reimbursed by federal funds and by fees. Members of Council August 21, 2006 Page 2 · $34,500.00 for the Roanoke City Leadership and Resilience program to provide family service training for Roanoke City Public School staff. This new program is one hundred reimbursed by federal funds. The Board thanks you for your approval of the above requests. Sincerely, C¡O:::t,~~ re cc: School Board Chairman Mr. Marvin T. Thompson Mr. Bernard J. Godek Mr. Kenneth F. Mundy Mrs. Darlene Burcham Mr. William M. Hackworth Mr. Jesse A. Hall Mr. Jim Newman (with Accounting details) CITY OF ROANOKE DEPARTMENT OF FINANCE ~15 Church Avenue, S.W., Room 46\ P.O. Box \ ~~O . Roanoke. Virgini3 24006-1220 Telephone: (5401 R53-28~ \ Fax: (540) 853-6\41 ANN H. SHAWVER Deput)' ()irectol'" cmail:ann_shaw\.cr(!?clmallllke.\.:l.lls JESSE A. HALL Direclor of .¡insllee cm:u]" cssc_hal1'gt:i [(1;ll1c,kc.\"a.l1S August 21,2006 Honorable C. Nelson Harris, Mayor Honorable David B. Trinkle, Vice-Mayor Honorable Alfred T. Dowe, Jr., Council Member Honorable Beverly T. Fitzpatrick, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Brian j. Wish neff, Council Member Dear Mayor Harris and Members of City Council: Subject: School Board Appropriation Request As the result of official School Board action at its meeting on August 8, the Board has respectfully requested that City Council appropriate the following grants: · $84,997 for the Governor's School program to provide instruction in science and math to high school students. The program will be supported by State funds and tuition collected from participating school districts. This is a continuing program. · $101,844 for the Fallon Park 21" Century Community Learning Center. The program will address the critical attendance, academic, and parental involvement needs of the community in a safe, supervised, and nurturing environment. This new program is one hundred percent reimbursed by federal funds. · $101,844 for the Westside 21" Century Community Learning Center. The program will address the critical attendance, academic, and parental involvement needs of the community in a safe, supervised, and nurturing environment. This new program is one hundred percent reimbursed by federal funds. Honorable Mayor and Members of Council August 21 , 2006 Page 2 · $406,524 for the Perkins Act program to provide funds for vocational equipment and training. This continuing program is one hundred percent reimbursed by federal funds. · $24,221 for the Adult Education in the Jail program to provide funds to be used for instruction to inmates in the Roanoke City Jail to aid in their acquisition of the GED certificate. This continuing program is reimbursed by federal funds and by fees. · $34,500 for the Roanoke City Leadership and Resilience program to provide family service training for Roanoke City Public School staff. This new program is one hundred percent reimbursed by federal funds. We recommend that you concur with this report of the School Board and adopt the attached budget ordinance to appropriate funding as outlined above. Sincerely, qß4~ 4, ~J( Jesse A. Hall Director of Finance JAH/pac c: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Mary F. Parker, City Clerk Sherman M. Stovall, Director of Management and Budget Marvin T. Thompson, Superintendent of City Schools .,. CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Chur<h Avenue. S.w., R,xlm456 Roanoke. Virbinia2401 ]-1536 Tcleptwnl': I S-IO) H:'.3-~~.l] I-':1x: i5.. .(I) 8~.~-1145 E-ma!l: l"krk@.:i.rnaIH·ke.va.u::. STEPHANIE ~I. MOON. Ole Deputy City Clerk 'IARY F. I'ARKI':R, ßIC City Cil'rk SHEII.A N. HARDIAN A$~istaTlr Cil~ Clerk August 24, 2006 File #514 Mr. and Mrs. Aaron W. Athey 716 Arbutus Avenue, S. E. Roanoke, Virginia 24014 Dear Mr. and Mrs. Athey: I am enclosing copy of Ordinance No. 37514-082106 permanently vacating, discontinuing and closing a portion of an alleyway and certain public rights-of-way in the City of Roanoke, located off of Arbutus Avenue, S. E., running between lots located at 716 and 724 Arbutus Avenue, S. E., such lots bearing Official Tax Nos. 4160304 and 4160305. . The above referenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 21, 2006, and is in full force and effect upon its passage. Sincerely, ß ú) ""-- I'] Gl- ¿.~ 1 ~ , 7- - . Mary F. Parker, CMC City Clerk MFP:ew Enclosure L:ICLERKlDATAICKEW1\AGENDA CORRESPONDENCE\agenda correspondence 06\Aug 06\Aug 21 06 cor.doc Mr. and Mrs. Aaron W. Athey August 24, 2006 . Page 2 pc: Mr. and Mrs. Thomas Tingler, 724 Arbutus Avenue, S. E., Roanoke, Virginia 24014 Kathy Hill, President, Riverland/Walnut Hill Neighbors, 509 Arbor Avenue, S. E., Roanoke, Virginia 24014 Richard A. Rife, Chair, City Planning Commission, 1326 Grandin Road, S. W., Roanoke, Virginia 24015 Rolanda B. Russell, Assistant City Manager for Community Development Steven J. Talevi, Assistant City Attorney Susan S. Lower, Director, Real Estate Valuation Philip C. Schirmer, City Engineer Martha P. Franklin, Secretary, City Planning Commission J. Frederick Gusler, City Planner II L:ICLERKlDATAICKEW1IAGENDA CORRESPONDENCElagenda correspondence OGlAug OGlAug 21 OG cor.doc -G- \~ )\~.>.\ ~'( IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of August, 2006. No. 37514-082106. AN ORDINANCE pennanent1y vacating, discontinuing and closing a portion of an alleyway and certain public rights-of-way in the City of Roanoke, as more particularly dcscribed hereinafter; and dispensing with the second rcading by titIe of this ordinance. WHEREAS, Aaron and Kelly Athey filed an application to the Council of the Citv of Roanoke, Virginia ("City Council"), in accordance with law, requesting City Council to pennanently vacate, discontinuc and close a portion of an alleyway and ccrtain public rights-of-way described hereinafter; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §30-l4, Code of the City of Roanoke (1979), as amended, and after having conducted a public hcaring on the matter, has made its recommendation to Council; WHEREAS, a public hcaring was held on such application by City Council on August 21. 2006, atìer due and timely notice thereof as required by §30-l4, Code of the City of Roanoke (1979), as amended, at vdJich hearing all parties in interest and citizens were afforded an opportunity to be heard on such application; WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing oflhe subject public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, City Council considers that no inconvenience will result to any individual or to the public from pennanently vacating, discontinuing and closing such portion of an alleyway and certain public rights-of-way. THEREFORE, BE IT ORDAINED by the Council of the City· of Roanoke, Virginia, that the alleyway and certain public rights-of-way situate ·in the City of Roanoke, Virginia, and more particularly described as follows: That ccrlain portion of an alleyway off of Arbutus Avcnue, S.E., running between lots located at 716 and 724 Arbutus Avenue, S.E., such lots bcaring Official Tax Nos. 4]60304 and 4160305. be, and is heTeby pemlancntly 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 City Council is empowered so to do with respect to the closed portion of the alleyway and rights-of-way, reserving however, to the City of Roanoke and any utility company or public authority, including, specifically, without limitation, providers to or for the public of cable television, electricity, natural gas or telephone service, an easement for sanitary sewer and water mains, television cable, electric wires, gas lines, telcphone lines, and related faci1itics that may now be located in or across such alleyway and public rights-of- way, togethcr with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilitics, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, slmlbbery, structure or any other encroachments on or over thc easemcnt which impede access for maintenance or replacement purposes at the time such work is undertakcn; such easement or easements to tenninate upon the later abandonment of use or permanent removal from the above-describcd alleyway and public rights-of-way of any such municipal installation or other utility or facility by the owner thcreof. BE IT FURTHER ORDAINED that the applicants shall submit to the Subdivision Agent, receive all required approvals of, and record with the Clerk of the Circuit Court for the Cj¡y of Roanoke, a subdivision plat, with such plat combining all properties which would otherwise dispose 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 of ingress and egress over the same, for the installation and maintenance of any and all existing utilities that may be located within the rights-of-way. BE IT FURTHER ORDAl~ED that the applicants shall, upon meeting all other conditions to the granting of the application, deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certificd copy of this ordinancc for recordation where deeds are recorded in such Clerk's Oftìce, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the namc of the applicants, 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 applicants shall, upon a certificd copy of this ordinance being recorded by the Clerk of the Circuit COUTt of the City of Roanoke, Virginia, wherc deeds are recorded in such Clerk's Oflice, file with the City Engineer for the City of Roanoke, Virginia. the Clerk's receipt, demonstrating that such recordation has occurred. BE IT FCRTHER ORDAJ \"ED 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 oTdinance shall be null and void with no further action by City Council being necessary. BE IT FIN ALL Y ORDAINED that pursuant to the provisions of § 12 of the City Charter, the second reading of this ordinance by title IS hereby dispcnsed with. ATTEST: ~ A ~ :l r~ ¿-Ar- City Clerk. ..- CITY OF ROANOKE PLANNING BUILDING AND DEVELOPMENT 21S ChuITh ;helllJe, S.W.. Room 166 Roanoke, ViTllini>l 2401 I Telephone: (S40) llS3-17.'0 F>lx: (SoUl) llS3-12.'O R-mail: plannin~@;ci.roanoke...a.us .\rrbjll'I"llIrl¡J nl·~·it·l' HIllI 'f1 Hoard lit" I.(lnill~ .\ lI'I·:II~ PlannillJ.: 1'lIl1lllli~~illll August 21, 2006 Honorable C. Nelson Harris, Mayor Honorable David B. Trinkle, Vice Mayor Honorable Alfred T. Dowe, Jr., Council Member Honorable Beverly T. Fitzpatrick. Jr., Council Mayor Honorable Sherman P. Lea. Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Brian J. Wishneff, Council Member Dear Mayor Harris and Members of City Council: Subject: Request from Aaron and Kelly Athey to permanently vacate, discontinue and close a portion of an alleyway off of Arbutus Avenue, S.E., running between lots located at 716 and 724 Arbutus Avenue, S.E., such lots bearing Official Tax Nos. 4160304 and 4160305. Planning Commission Action: Planning Commission public hearing was held on Thursday, July 20, 2006. Bya vote of 5-0 (Messrs. Chrisman and Manetta absent), the Commission recommended that the alleyway be permanently vacated, discontinued and closed. Background: The petitioners own one of the adjoining properties; 716 Arbutus Avenue. The owner of the other adjoining property at 724 Arbutus Avenue has agreed to allow the petitioners to acquire the entire portion of the alley in this request. Mr. Williams asked staff about access to the Petitioner's property and to the Roanoke River Greenway. Staff replied that the alley dead ends at City property where the greenway will be connected and the Petitioner's only options for vehicular access are the existing curb cut or on-street parking. Mr. Williams asked about other access points to the greenway in the area. Staff replied that several street terminate at the greenway. Mr. Williams asked staff to clarify that the City has no future plans for the alley, to which staff affirmed was correct. Considerations: The properties adjoining the alley are zoned R-5, Residential Single-family District. The adjoining properties, as well as most in the neighborhood, are single-family residences. To the north and east of the alley are vacant City- owned properties that were acquired as part of the Roanoke River Flood Reduction Project. Staff received comments from the Western Virginia Water Authority, Verizon, AEP and Roanoke Gas. All stated that their facilities would not be impacted by the vacation of the subject portion of alley. Staff did not receive any other correspondence supporting or opposing the request. The subject portion of alley is a paper alley and does not serve any function for City services. The subject portion of alley adjoins a curb cut off of Arbutus Avenue. The width of the curb cut is roughly the same (10 feet) as the subject portion of alley. The curb cut is used for access to the petitioners' property. Staff advised the petitioners that the City would not improve the alley. Vacation of the subject portion of alley will allow the petitioners to maintain and improve access to their property. Section 30.14 (5) of the Code of the City of Roanoke states the following standards for street and alley vacation requests: "Following the hearing before the city planning commission on an application to alter or vacate a street or alley, the commission shall report in writing to the city council whether in its opinion, any, and if any, what inconvenience would result if the application were approved by council, and the commission shall report and make a recommendation to council as to whether the application should be approved." Recommendation: The Planning Commission recommends approval of the petitioner's request, subject to the conditions listed below and further recommends that the petitioner not be charged for the alley. A. 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 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. B. 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. C. 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. D. 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, ~t:;",ef a .¡f.þ Richard A. Rife, Chairman City Planning Commission cc: Darlene L. Burcham, City Manager Rolanda Russell, Assistant City Manager William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney Petitioner IN TIIE .JNCIL OF THE ClT'{ OF ROAl\O.lRGINlA IN R¡:: ) ) Aaron W. and Kelly S. Athcy ) For vacation of an alley hetwecn 716 ) and 724 Arhutus Avcnue. S.E. ) APPLICATION FOR VACATING DISCONTINUING AND CLOSll\G OF ALLEY MEMBERS OF COUNCIL: Aaron W. and Kelly S. Athey apply to have alley, in the City of Roanoke, Virginia. permanently vacatcd, discontinued and closed. pursuant to Virginia Code Scction 15.2-2006 and Scction 30-14, Code ofthc City of Roanoke (1979). as amended. This allcy is more particularly describcd on thc map attachcd and as follows: The alley is between the addrcsscs of716 Arbutus Avcnue and 724 Arbutus A,'cnuc, S.E. Aaron W. and ¡';:clly S. Athcy state that the grounds for this application are as follows: (] ) All landowners whosc propcrty adjoins the property to bc vacated havc bccn notified and arc in agreemcnt with this application. See attached lcttcr. (2) The alley to bc vacated is prcscnt1y being uscd as a driveway for 716 Arbutus Avenuc. (3) The applicant desires to use the propcrty to he vaeatcd tl)r their driveway. WHElU~FORE, Aaron W. and Kelly S. Athey respectfully rcquest that thc above- döcribed alley be vaeatcd by the Council of the City of Roanoke. Virginia. in accordance with Virginia Codc Scction ] 5.2-2006 and Section 30-14, Codc of the City of Roanoke (J 979). as amended. Respectfully suhmittcd. Aaron W. and Kelly S. Athey 716 Arbutus Avenue, S. E. Roanoke. Virginia 24014 Home Phone: 540-427-2192 Cell Phone: (Aaron - 314-2234) Cell Phone: (Kelly - 353-5321) . . LIST OF AI>JOIlW'IG I'ROPEIHY OWNERS Official Tax No.1 Street Address Name of l'roperty Owner :\1ailing Address 4160306 Mrs. Ruby Tingler 724 Arbutus A venue. SE 724 Arbutus Av. SE Roanoke. V A 24014 4160304 Aaron W. and kelly S. 716 Arbutus Avenue. SE 716 Arbutus Av, SE Athey Roanoke, V A 24014 Map Output Page j 01 I . . http://gis.roanokegov.com/servlct/com.esri.esrimap.Esrimap?Ser\'iceName=rnke&ClientV er... 6/1/2006 . ,.·4151207 ;." .-,',," 41603b1~', ~).:...~':~,: -, ".~:'" .... .. '":;;."..." '. '.(·:<:~i.:~·"~ . .,. .:~:.;~;~ .... /41'6º.302" ..':~~1;» ~~ ....;:.: :. ~~. :.:.":f:'.:" ',:. , A160303 41602Ö.. ,.,. .~~~.:\;~..:;:;-~. '¢- - Á'· >" 9<(' §f' ./v ." / /. ." ,<~~/ fX<' / ,l'.(,:7 /:.;)-' 4160305 ,'.,'.{/ ,,-.:'.;;:/ .....,~:.:.:~-....----_._. '/' .': Subject Alley I ./:'4_1El~306 " ....:..:'..: "l . .~.., .;4.~_~ºf:04 ,..-..-- ,",'''''':"'. (::4160202 -..'7..',- ::.. . ~. ;~~: .~~:~.~~". ".~., . ,": "« r""'." r,.....,. ':-:.. '., ......-.,.:"';õ:.. :·,:·~~;~·r·: /:':.... -,'.' ~l. :.~. ·416Ó?W ,':." /...: '.':; :~\~.::.:... /«> "·'":;f.t "-.:' ...."...: ',: :';:'. ,.,,~, ".. /,:" ....~:. ':": , .. "':.,: <·:,".ï\ "J'_. R-5 4160204.: 4160205 /.' \~::::~~. / /":::~i"~".;. .' "'n ..~ . "", (;;~~~~:~~i~~<:. ".:c ::~.': . 416Ö20~;; ~' -,',', , / 1160222'., . ...... ':, ;'·h.:~.. :~:.: ':~:.:' ~ ;.,. ::;·:;;~::~L::/·:: .. .". './ 416()gq7 / ~.:<'/~;~'.~;/:... .,. 4160223 . ..' .... ·<;~:!?f~fA\!):)? \ . ,;416.9g0!l", <;r'$:....:y.:;·2~~X-·.. . .,'-: '... 4160224 /Íl>;' . ~;..;; i" 4160225 4169226', . . 41 50201 R 4160307R 4160307 "." 41~9~og. ./.:.:.',...;....:...-..... :,..i·· - />. .,<~ ~;\~..~:: ~ _. .~ :; ,;. 41~?3}~ ,...7-, . ,~:~;>: ',"", 4160210 '. ~.. ....,¡...,. .. ",--. ',," .......\,. 41602t1 The Roanoke Times Roanoke, Virginia Affid~vj.t of Publicatio~ The Roanoke Times + .-[ ... . , NOnCE OF 'I PUBLIC HEARING· !I The Council 01 the Cityof,; ROJ.noke will hold a pubhc:¡ ·I·hcarlng on Monday, August I 21. 2006. at 7:00 p.rn" or <Issoonthercafterasthe' ,matter ma~ bl! hl!ard. in thel lCounc:il Ch<lmber, fourth¡ I· floor. in the Not'1 C. TaylQr¡ Munitipal Building. 2151 ¡Church Avenue. S.W., Roanoke, Virginia, to I con!>iderthe follo.....ir-g: IRet ueSt from Aaron and KellyAlheyto perm.!lnenlly v<lt<lle. discontinue and close (l. portIon of an alleyway off of Arbutus Avenue. S.E.. runnlnß between lots locat('d at 716 and 724 Arbutus Avtlnup. S.E" such lots be.JrinA Otficial Tax 'IIo!>. 4160304 and 4160305. :A tOPY of the petition IS ava,lilble for re...U:l..... in the Officc of the City,Clerk·l Room 456, Noel C. T<lylor I Municipal Building, 215 Church Avenue. S.W.. . Roanokte'. Vlrgim¡l. I '[All p.Jrties in inlerest and: titizens may appear on the íl!Jovcdateand hI! heard on lhe m<llter. If you "Hte' <l Iptlrson wilh.Jdistlbility.....ho ·¡ne{'dsacc:ommlld;:Jtionsfllr thi'òheílrln¡,:.PleasccontaC:l thte' City Clte'rk s Qflice. al 853-2541. befort' noon on Ule Thursdav betortl thc date of the hcaririg Ii!>ted above. GIVEN und~r my hand Ihis i. ht d<ly of August. 2006. '[ Mary F. Pmk~r. City Cll'rk. (9780465) "_ MARY F. PARKER CITY OF ROANOKE CLERK'S OFFICE 215 CHURCH AVE SW RM 456 NOEL C. TAYLOR MUNICIPAL BLDG. ROANOKE VA 24011 REFERENCE: 32143302 9780465 NOTICEOFPUBLICHEARIN State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation I 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;~A9ia. Sworn and subscribed before me this _b~~day of August 2006. Witness my hand and offlcial seal. ~- 1/1_ MY-f ~~fts tff~ e / Notary. .E;ublic H¥'f43~t2LLl.i~L- . PUBLI3K~D ON: 08/04 08/11 TOTAL COST, FILED ON, 292.56 08/11/06 ::::::;::~-&'~~gJj}%_. Billing Services Repres~tative -j ~- ,-" ,-- ~ . ~: :D ~i >-" .þ. -u ;:;:t ·:S, .þ. .& co <. ~-s ~. ~ ./ NOTICE OF prnuc HEARIl\G The Council of the City of Roanoke will hold a public hearing on Monday. August21. 2006. at 7:00 p.I11.. or as soontherealkr as the l11alleT may be heard. in the Council Chambcr. fourth 1100r. in the Nod C. Taylor Municipal Building, 215 Church Avenue. S.W.. Roanoke, Virginia, to consider the following: Rcquest tìum Aarun and Kclly Athey to permanently \,lCate, discontinue and dose a portion of an alleyway olTof Arhutus A venue, S.E.. running between lots located at 716 and 724 Arbutus Avenue. S.E.. sueh lots bearing Onieial Tax Nos. -116030-1 and -II W305. A copy ofthc petiti'lIl is available It)r re\·iew in the Omce orthe City Clerk, Room-l56, ~ocl C. Taylor \1unieipal Building, 215 Church Avenue, S.W.. Roanoke, Virginia. All parties in imerc'st and citizens may appear ,m the above date and be heard on the matter. I fyou arc a person with a disability who necds aceoml11odations IÖr this hearing. please contact the City Clerk's Of1ìec. at .';53-25-11, beforc' noon on the Thursday before Ihe dale of the hearing listed above. GIVEN under my hand this J.st day or_~ugust .2006. Mary F. Parker, City Clerk. ;; ~·.(lllll:<; .\lliFY. .\.\I:II:\,\:KI:i.I.Y_\:\(":\11"lIIS(('''1I" E·w.r¡1 "";"1 "S [1111' Notice to Publisher: Publish in the Roanokc Timcs oncc on Friday, August 4, 2006, and Friday, August 11,2006. Senù bill anù atlïùavit to: Mary F. Parker. City Clerk 215 Church ^venue. S. w. Roanoke, Virginia 240 II (54!)) 853-2541 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Awnlle. S. W. Room 456 Ruanoke, Virginia 2401 J -1536 Telephone: (.:'140) 853-'25~ I F;IX: (540) 853-1145 E m:lil: clcrkcf¡)~i.r('lanokc.\'a.ll:-' STEPHA~m M. ~iOO1>. CMC Deputy City Ckrk "JARY F. I'AHKER. C:\1C City Clerk SHEILA N. I)'\RTMAr>; Assi!'W.11I ell)' Clerk August 2, 2006 File #514 Mr. and Mrs. Aaron W. Athey 716 Arbutus Avenue, S. E. Roanoke, Virginia 24014 Dear Mr. and Mrs. Athey: Pursuant to provisions of Resolution No.2 5523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, August 21, 2006, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, on the request of Aaron W. and Kelly S. Athey to permanently vacate, discontinue and close an alleyway located off of Arbutus Avenue, S. E., extending between lots located at 716 and 724 Arbutus Avenue, such lots identified as Official Tax Nos. 4160304 and 4160305. For your information, I am enclosing copy of a report of the City Planning Commission and a notice of public hearing. Please review the documents and if you have questions, you may contact Steven J. Talevi, Assistant City Attorney, at 540-853-2431. Questions with regard to the City Planning Commission report should be directed to the Department of Planning, Building and Economic Development at 540-853-1730. L:\CLERK.\DA TA\CKEWl\Public Hcarings\Public Hearing;¡ 2006\AUG 06\¡\uorneys and Adjoining Property Û\\"ers Aug.doc Mr. and Mrs. Aaron W. Athey August 2, 2006 Page 2 It will be necessary for you, or your representative, to be present at the August 21 public hearing. Failure to appear could result in a deferral of the matter until a later date. Sincerely,· 17 A"O.ß r~h.~ Mary F. Parker, CMC City Clerk MFP:ew Enclosure L\CLERK.\DATA'.CKEWl\PllhhlO Hearing.s\I\.:bliç Ilearings 2006'AUG 06\¡\ttorneys und Adjoining Property O\\TIcrs Aug.doc CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avcnlle. S.w., Room 456 RlI,moke., Virginia 24011-1536 Telephone: c":"·:01 S53-::!:'·\] F:IX: 15~(1) S:,3-] ].. .5 E-mail: ckrk(c;ci.rf1~lnOl.;l·.\;l.lI~ STF.PHA>¡1E M. \100N. ole LkpUIY Cily Clerk \IARY F. PARKER. 01(' Cil~ Ckrk SIIEII.A N. HARTJ\.1,\~ A<;~i<;rant City Ckrk August 2, 2006 File#514 Mr. and Mrs. Thomas Tingler 724 Arbutus Avenue, S. E Roanoke, Virginia 24014 Ms. Kathy Hill, President Riverland/Walnut Hill Neighbors 509 Arbor Avenue, S. E. Roanoke, Virginia 24014 Ladies and Gentlemen: Pursuant to provisions of Resolution No.2 5 523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, August 21, 2006, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, on the request of Aaron W. and Kelly S. Athey to permanently vacate, discontinue and close an alleyway located off of Arbutus Avenue, S. E., extending between lots located at 716 and 724 Arbutus Avenue, such lots identified as Official Tax Nos. 4160304 and 4160305. 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 Economic· Development at 540-853-1730. 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. Sincerely, Æ. /). /j A _ L...I__ , -) þ.... 7 7, ""'"' -- Mary F. Parker, CMC City Clerk MFP:ew L:\CLERK\DATA\CKEWI\Public Ilcarings\Puhlil.: Hearings 2û06\AUG 06"Attomeys and Adjoining )roperty O\\l1erS Aug.doc TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE ALLEY CLOSURE REQUEST OF: Aaron and Kelly Athey for an alleyway off of Arbutus Avenue, S.E. )AFFIOA VIT Between Tax Nos. 4160304 and 4160305 COMMONWEALTH OF VIRGINIA CITY OF ROANOKE ) ) TO-WIT: ) 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 21st day of June, 2006, notices of a public hearing to be held on the 20th day of July, 2006, on the closure captioned above to the owner or agent of the parcels listed below at their last known address: Tax No. Name Address 4160305 Thomas and Ruby Tingler 724 Arbutus Avenue, SE Roanoke,VA 24014 4160304 Aaron and Kelly Athey 716 Arbutus Avenue, SE Roanoke,VA 24014 ./fl~ 14L.e. ð~ Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 21st day of June, 2006. ~IP t( ~ otary Public My Commission Expires: JIJ3()Jo8 . NOTICE OF PUBLIC HEARING BEFORE THE CITY OF ROANOKE PLANNING COMMISSION TO WHOM IT MAY CONCERN: The City of Roanoke Planning Commission will hold a public hearing on Thursday, July 20, 2006, 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, SW., Roanoke, Virginia, to consider the ·following: Request from Aaron and Kelly Athey to permanently vacate, discontinue and close a portion of an alleyway off of Arbutus Avenue, S.E., running between lots located at 716 and 724 Arbutus --- --Avenue;-S.L, -such lots bearing Gfficial-Tax Nos; 4l60304-and 4160305. A copy of the petition is available for review in the Department of Planning Building and Economic 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 with a disability who needs accommodations for this hearing, please contact the Department of Planning Building and Economic Development at 853-1730 before 12:00 noon on the. Tuesday before the date of the heari ng I isted above. Martha P. Franklin, Secretary City Planning Commission --..----------------.------------------------------------------------------------------------._-------- Please print in newspaper on Tuesday, July 4 and 11, 2006 Please bill: Aaron and Kelly Athey 716 Arbutus Avenue, SE Roanoke, VA 24014 (540) 427-2192 or 314-22 34 Please serid affidavit of publication to: Martha Franklin Planning Building and .Economic Development. Room 166, Noel C. Taylor Municipal Building 215 Church Avenue, SW. ' Roanoke, VA24011 (540) 853-1730 I: : ',j . ,:.. ~ 'Ii (~ ~. '_··:-v~' .."""," <- ..~":J._...""'-" ... ",:.:..,./ .....-:.-...:--- CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue. S.W. Room 456 ROimoke. Virginia 24011-J 536 Tdephnm': 15.:10l H:,3-~: '41 F:.l.-';: (5~O) 853-11"¡5 E·mail: clerli.@·ci.r03110kc.\.a.us STEllIIA[\;IE ]\1. !\100N'. CMC Deputy Cily Clerk 1\IARY F. PARKER. C,"IC Cityekr).; June 1, 2006 SIlEIL.~ ". IIARTMA" A~~isulnl City Clerk 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 applicati6n received in the City Clerk's Office on June 1, 2006, from Aaron W. and Kelly S. Athey, requesting that an alley located between 716 and 724 Arbutus Avenue, S. E., be permanently vacated, discontinued and closed. ~~ ;f~ Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Enclosures pc: Aaron W. and Kelly S. Athey, 716 Arbutus Avenue, S. E., Roanoke, Virginia 24014 The Honorable Mayor and Members of the Roanoke City Council The Honorable Gwendolyn W. Mason, Council Member- Elect, 3841 Bosworth Drive, S. W., Roanoke Virginia 24014 . The Honorable David B. Trinkle, Council Member- Elect, 2855 S. Jefferson Street, Roanoke, Virginia 24014 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 L \C1.r:RKIDAT A\CIŒWI\REl.O"If'<..i ANI) STR¡':I:" CLOSURë\RC'lNlings - Street Alk~' Oh'.strcel and ¡¡ile} cIoSll~es\Arbull';s \"acal;on dl't" ., IN THE COUNCIL OF TilE CITY OF ROANOKE. VIRGINIA -- / ¡J, ;1 d':# lNRE: ) ) Aaron W. and Kdly S. Athcy ) For vacation of an alley between 716 ) and 724 Arbutus Avenuc. S.E. ) APPLICATION FOR V ACA TINe; DISCONTINlJlNG AND CLOSING OF ALLEY MEMBERS OF COUNCIL: Aaron W. and Kelly S. Athey apply to have 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 alley is more particularly described on the map attached and as follows: The alley is between the addresses of716 Arbutus Avenue and n.¡ Arbutus Avenue, S.E. Aaron W. and Kclly S. Athcy state that the grounds for this application are as follows: (1) All landowners whose property adjoins the property to be vacated have been notified and arc in agreement with this application. See attached letter. (2) The alley to be vacated is presently being used as a driveway ti.lr 716 Arbutus Avenue. (3) The applicant desires to use the property to be vacated tor their driveway. WHEREFORE. Aaron W. and Kdly S. Athey respectfully n:qucst that the above- described 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 amcndcd. Respee!1ùll y submi tied, Date Aaron W. and Kelly S. Athey 716 Arbutus Avenue, S. E. Roanoke. Virginia 24014 Home Phone: 540-427-2192 Cell Phone: (Aaron - 314-2234) Cell Phone: (Kelly - 353-5321) , . LIST OF AD.JOINING I>ROI'EI{TY OWNERS Official Tax No.1 Street Address Name of Property Owner Mailing Address 4160306 Mrs. Ruby Tingler 724 Arbutus Avcnu<.:, SE 724 Arnutus Av, SE Roanoke, V A 24014 4160304 Aaron W. and Kelly S. 716 Arbutus Avenue, SE 716 Arbutus Av, SE Athey Roanoke, V A 24014 .-' ,',-.;. .~ :::f~':~:: ;~. \1.; ·",i·~~ !;:(¡.)I._>J:.:~ Map Output Page 1 of 1 , . '.:~¡': ~i:::.:·~:~¡ ;n:~·~.l::}~~:·)( r) hllp:/ /gis.roanokegov .com/servleUcom.csri.csrimap.Esrimap'?Service Name=rnkc&ClientV er... 6/1/2006 ~~/' / '''-.'' , . , ' , ' .' 160201 / " , ' ~v " R-~/ ./ " "{)' , ' " . " / , , 160222',· " /' ' /' ' , ' " / " " , .' ',,' " " , ' " " 4160223 ,/ / / >;/ 4160224 ::<]' 4160307 ", / / 4150201R ~/~~/ ., " " "', " ,/~/' " , .', " / , , , ~~ . . / / " , , " , " , /~/""'" ., " " //' , " " 4160205 ./ " , , ,"/"" " , / ./ , "" , /~/~ , , '" , ./6/ v , , , , , , , , , , ,",,,, ,., . , , <. /Ó , ' / 4160225 .'. ',/ . ., 416Ð22ir , , , ., '" ,., , / " /// 4160210 /'> , , / , , , " / / / / / / , , , , , , , ., , '. .' , ,/' "<:~ " '0<6 , , '. , ., , , ". .4160211 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.\V.. Room 456 Roanoke, Vir¡:inio 240 J J -1536 Tclcphvllc: (540) 853-2541 rilx: (.<;·10.) R5~·114S E-m:liJ: ¡:krk(Ì'o.:i.rO;\llC,kc.\"¡j,us STEPHA~n; :\1. MOOi'". C\JC Deputy City Clerk August 24, 2006 File #51 SHEII.A I'. HARnlA1'ò Assisl:lJH City Clerk James D. Smith, Managing Partner Pheasant Ridge Real Estate Holdings, LLC 4415 Pheasant Ridge Road, S. W., Suite 301 Roanoke, Virginia 24014 Dear Mr. Smith: I am enclosing copy of Ordinance No.3 7515-082106 amending §36.2-1 00, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, by repealing Ordinance No. 36883-101804, to the extent such ordinance placed certain conditions on a portion of Official Tax No. 5460124 located on Pheasant Ridge Road, S. W., and rezoning such property from MX, Mixed Use District, to MXPUD, Mixed Use Planned Unit Development District; that properties bearing Official Tax Nos. 5470207, 5470301 through 5470308, inclusive, located on Griffin Road, S. W., be rezoned from R-7, Residential Single Family District, to MXPUD, Mixed Use Planned Unit Development District; that the portion of Granger Road, S. W., right-of-way containing 0.293 acre, which was vacated, discontinued and closed by Ordinance No. 37484-071706, be rezoned from R-7, Residential Single Family District, to MXPUD, Mixed Use Planned Unit Development District; and that a 0.1 08 acre portion of property bearing Official Tax No. 5470130, on Pheasant Ridge Road, S. W., be rezoned from MX, Mixed Use District, to MXPUD, Mixed Use Planned Unit Development District. The above referenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 21 , 2006, and is in full force and effect upon its passage. Sincerely, ~ . r.........~. . 1. . ~ I ') J Mary F. Parker, CMC City Clerk MFP:ew Enclosure L:\CLERKlDATA\CKEW1\AGENDA CORRESPONDENCElagenda correspondence 06\Aug 06\Aug 21 06 cor.doc James D. Smith August 24, 2006 Page 2 pc: Mr. Terry L. Edwards, 4437 Van Winkle Road, S. W., Roanoke, Virginia 24014 Mr. and Mrs. Paul Paige, 4323 Griffin Road, S. W., Roanoke, Virginia 24014 Ms. Melissa D. Underwood, P. O. Box 21153, Roanoke, Virginia 24018 Mr. and Mrs. Henry Claytor, 4350 Griffin Road, S. W. , Roanoke, Virginia 24014 . Trustees, First Baptist Church, 310 Jefferson Street, N. E., Roanoke, Virginia 24016 Mr. Richard B. Webb, Jr., 4372 Griffin Road, S. W" Roanoke, Virginia 24014 Mr. and Mrs. Joseph Wood, 4404 Van Winkle Road, S. W., Roanoke, Virginia 24014 Ms. Ruby M. Muse, 4422 Van Winkle Road, S. W., Roanoke, Virginia 24014 Galileo Appollo-Sub LC, P. O. Box 4900, Scottsdale, Arizona 85261 Dawn Vineyard, President, Southern Hills Neighborhood Council, 4024 Griffin Road, S. W., Roanoke, Virginia 24014 Janet Scheid, Roanoke County Planner, P. O. Box 29800, Roanoke, Virginia 24018 Richard A. Rife, Chair, City Planning Commission, 1326 Grandin Road, S. W., Roanoke, Virginia 24015 Rolanda B. Russell, Assistant City Manager for Community Development Steven J. Talevi, Assistant City Attorney Susan S. Lower, Director, Real Estate Valuation Philip C. Schirmer, City Engineer Martha P. Franklin, Secretary, City Planning Commission L:\CLERK\DATA\CKEW1IAGENDA CORRESPONDENCElagenda correspondence 06IAug 06IAug 21 06 cor.doc J. \~\n ,. ~""" IN THE COUNCIL OF THE CITY OF ROAi"OKE, VIRGINIA The 21st day of August, 2006. No. 37515-082106. AN ORDJ]\'ANCE to amend §36.2-1 00, Code of the City of Roanoke (1979), as amended, and thc Official Zoning Map, City of Roanoke, Virginia, datcd Dccember 5, 2005, as amended, by repcaling Ordinance )Jo. 36883-] 01804, to thc cxtcnt such ordinance placed certain conditions on a portion of Official Tax )Jo. 5460124 located on Pheasant Ridge Road, S.W., and rezoning such propcrly from :'I1X. Mixcd Use District, 1O\1XPUD, :'I1ixed l:se Planncd Unit Development District; that properties bearing OJ1icial Tax Nos. 5470207,5470301 through 5470308, inclusive, locatcd on Griffin Road,S.W., be rezoned fi·om R-7, Rcsidential Singlc Family District, to MXPUD, Mixed Usc Plàñncd Developmcnt District; that the portion ofGrangcr Road, S. W., right-of-way containing 0.293 acrcs, which was vacated, discominucd and closed by Ordinance No. 37484-071706, be rezoncd from R-7, Residcntia1 Single family District, to MXPUD, Mixed L:se Planned Unit Developmcnt District; and that a 0.108 acre portion of property bearing Official Tax No. 5470130, on Pheasant Ridge Road, S.W., be rczoned from \1X, Mixed Use Districl, to MXPUD, Mixed Use Plmmed Unit Developmcnt District; and dispensing with the second reading by title of this ordinance. WHEREAS, Pheasant Ridge Condominiums II, LL, Dalton Place, LLC. A & J Holdings, lnc., lntcgra lnYCstmcnts. LLC, Van Winkle, LLC. Pheasant Ridge Real Estate Holdings, LLC. and Pheasant Ridgc Office Building, LLC, filed an application with the Council ofthc City of Roanoke to repeal Ordinance No. 36883-] 01804, to tbe extent such ordinance placed ccrtain conditions on a portion of OfJìcial Tax No. 5460124 located on Pheasant Ridge Road, S.W., and rezoning such property from MX, l\1ixed Use District, to \1XPUD, Mixed Use Planned Unit Development District; that propertics bcaring Official Tax Nos. 5470207, 5470301 through 5470308, inelusive, locatcd on Griffin Road. S.W., be rezoned from R-7, Residemial Sing1c Family District, to MXPUD, Mixed Use Planned Development District; that the portion of Granger Road, S.W., right-of-way containing 0.293 acres, which was vacated, discontinued and closed by Ordinance No. 37484-071706, be rezoned from R-7, Residential Single Family District, to MXPUD, Mixed Use Planned Unit Development District; and that a 0.108 acre ponion of property bearing Official Tax No. 5470130, on Pheasant Ridge Road, S.W., be rezoned from MX, ~1ixed Use District. to MXPUD, Mixed Use Planned Unit' Development District; WHEREAS, the City Planning ('commission, which after glVJl1g proper notice to all concemed as required by S36.2-540, Code of the City of Roanoke (1979), as amcnded; and after conducting a public hearing on the matter, has made its recommendation to City Council; - . -.. WHEREAS, a public hearing was held by City Council on said application at its meeting on August 21,2006, after due and timely notice thereof as required by S36.2-540, Code of the City of Roanoke (1979), as amended, at which hearing all panies in interest and citizcns were given an opportunity to be heard, both for and against the proposed amendment; and WHEREAS, this Council, aftcr considering the aforcsaid application, the recommendation madc to the Council by the Planning Commission. the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public neccssity, convenience, general welfare and good zoning practicc rcquire the rezoning of the subject propeny, and for those reasons, is of the opinion that the hcreinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Ordinance :-.10.36883-101804, adoptcd by thc City Council on October 18. 2004, to the extent that it placcd cenain conditions on a ponion of Official Tax No. 5460124 located on Pheasant Rid~e Road. S.W.. as sct forth inthc Third .-\mended Petition to Rezone filed in the Office ~ . . of the City Clerk on July 20, 2006, is hereby REPEALED, and that ~36.2-1 00, Code of the City of Roanoke (1979), as amcnded, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005. as amended. be amcnded to reflect such action; 2. Section 36.2-100, Code of the City of Roanoke (1979), as amcnded, and the Official Zoning Map, City of Roanoke, Virginia, dated Deccmber 5, 2005, as amcnded, be anlended to reflect that a portion of Official Tax No. 5460124 locatcd on Pheasant Ridge Road, S.W., be, and is 11ereby rczoncd from MX, Mixed use District, to l'vlXPCD. Mixed Use Planned Unit Development District; . that propenics bearing Official Tax Kos. 5470207, 5470301 through 5470308, inclusive, located on Griffin Road, S.W., be. and are hereby rczoncd from R-7, Residential Single Family District, to MXPl'D, :--1ixcd Use Planned Development District; that the portion of Granger Road, S.W., right- of-way containing 0.293 aercs, which was vacated, discontinued and closed by Ordinance No. _ 37484-071706; he, and is hcrebyrezoned from R,7, ResideJ1\ialSinglc Family District, to MXPl'D, Mixcd Use Planned Unit Devclopment District; and that a 0.108 acre ponion ofpropeny bearing Official Tax No. 5470130, on Pheasant Ridge Road, S.\V., be, and is hereby rezoned from MX, ~1ixed Use District, 10 J\1XPCD.l\1ixcd Cse Planned Unit Development District as set fonh in the Third Amended Pctition to Rezone filed in the Office of the City Clerk on July 20,2006. 3. Pursuant to the pro\"isions of ~] 2 of the City Chaner, the second rcading of this ordinance by title is hereby dispensed with. ATTEST:. '1 /J ~...., 7. r ~J.... City Clerk. /~;-;'~'~":';)~." ,..".J.:..I"''I;...,'''''\ \ii~r .' ;;jo'" I ~~;!. . '.;';'; ~~~.;.;" ~. ,,~~;./ "<~~>'::;'~I! ?,...:'_~~_::'./ ....... ,\n:hill'l'lnr:11 Kl"il'\\ Hmlrcl n..ard Ill" Z"lIint.: .\I)lll':II.~ l'hlllnin:::Cllllllllb~i'lI1 CITY OF ROANOKE PLANNING BUILDING AND DEVELOPMENT 215 Church Avenue, S.W., Room 1M, Roanoke, Vir~illia 240 II Telephone: (5401853-17,\0 Fax: (5401853-1230 E-mail: phmning(~i cLnmnoke.n\.lIs August 21.2006 Honorable C. Nelson Harris, Mayor Honorable David B. Trinkle, Vice Mayor Honorable Alfred T. Dowe, Jr., Council Member Honorable Beverly T. Fitzpatrick, Jr., Council Mayor Honorable Sherman P. Lea, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Brian J. Wishneff, Council Member Dear Mayor Harris and Members of City Council: Subject: Request from Pheasant Ridge Condominiums II, LL, Dalton Place, LLC, A & J Holdings, Inc., Integra Investments, LLC, Van Winkle, LLC, Pheasant Ridge Real Estate Holdings, LLC, and Pheasant Ridge Office Building, LLC, that proffered conditions on property bearing Official Tax No. 5460124, located on Pheasant Ridge Road, SW., relating to layout of the subject property, permitted uses, exterior materials, recreational amenities, and landscape buffering, be repealed and that such property be rezoned from MX, Mixed Use District, to MXPUD, Mixed Use Planned Unit Development District; that properties bearing Official Tax Nos. 5470207,5470301 through 5470308, inclusive, located on Griffin Road, SW., be rezoned from R-7, Residential Single Family District. to MXPUD, Mixed Use Planned Unit Development District; that the portion of Granger Road, S.W., right-of-way containing 0.293 acres, which is the subject of a petition to close and vacate such right-of-way, be rezoned from R-7, Residential Single Family District, to MXPUD, Mixed Use Planned Unit Development District; and that a portion of property bearing Official Tax No. 5470130, on Pheasant Ridge Road, S.W., be rezoned from MX, Mixed Use District, to MXPUD, Mixed Use Planned Unit Development District, for the purpose of completing the mixture of living unit options in the Pheasant Ridge community and allowing residential uses and related amenities and uses. Planning Commission Action: Planning Commission public hearing was held on Thursday, July 20,2006. By a vote of 5-0 (Messrs. Chrisman and Manetta absent), the Commission recommended that City Council approve the request. 1 ~ Background: The petitioner owns 12 parcels located in the Southern Hills neighborhood between Griffin Road, Van Winkle Road and Pheasant Ridge Road. The properties comprise approximately 11.50 acres that are proposed for development as part of the Pheasant Ridge Development. The acreage and current zoning of the properties are summarized in the attached Table 1. The petitioner requests to repeal proffered conditions and rezone one parcel, rezone 10 parcels, and combine a vacated portion of City of Roanoke right-of-way with one of the rezoned parcels as summarized in Table 1. This process will permit development of condominiums geared to elderly residents and a future wellness center. The Pheasant Ridge Development includes a mixture of office buildings, condominiums and a group care facility, nursing home/assisted living facility and is targeted toward an older population interested in such facilities. Most buildings are of a large scale. The proposed rezoning will continue this pattern of development. The largest parcel, Tax Map No. 5460124, is currently zoned MX(c), Mixed Use District, conditional. This parcel was originally a portion of a 49.23 acre parent tract previously identified as Tax Map No. 5460101. The parent parcel was conditionally rezoned from RS-3, Single Family Residential District to C-2, General Commercial District, C-1, Office and Institutional District, and RG-1, General Residential District by ordinance number 24898-120379 on December 3, 1979. The parent parcel was then rezoned to RM-2, Residential Multi-family, Medium Density District by the City's comprehensive rezoning on April 27, 1987. The parent parcel was then rezoned from RM-2, Residential Multi-family, Medium Density District to C-1, Office District, with conditions by Ordinance No. 32814-020596 on February 5, 1996. The purpose of the rezoning was to allow development of a continuum care facility to include a nursing home, congregate home for the elderly and multifamily units for the elderly. The parcel was then subdivided into four parcels in July 1996 including the approximately 11.90 acre parcel that is now Tax Number 5460124. The property was resubdivided into seven parcels in 1997 with the parcel identified as Tax Number 5460124 remaining intact. he 1996 proffered site plan includes provisions that the property will only be used for the purpose of operating a nursing home, multi-family dwellings, independent living facilities, single-family dwellings, two-family dwellings, townhouses or row-houses and offices, that a buffer be maintained around the perimeter of the development, limitations on the types of exterior building materials and that recreational amenities, consisting of internal walkways or paths, shall be provided. The zoning conditions on the subject property identified by Tax Number 5460124 were last amended on October 18, 2004 by ordinance 36883-101804. This ordinance repealed the previous proffered conditions that applied to the parcel and replaced them with the following conditions. ., <- That the property will be developed in substantial conformity with the conceptual site diagram prepared by Jones & Jones Associates, Architect, PC, dated 4 August 2004, a copy of which is attached to the Petition for Rezoning as Exhibit "A". 1. That the property shall be used only for the following uses: a. Permitted Uses: 1. General, medical and professional offices. b. Special exception uses: 1. Group care facility subject to the requirements of section 36.1-560 at seq. 2. Multifamily dwellings, as long as a special exception is granted. 3. Medical Clinic. 2. That a wooded buffer area contiguous with the northern property lines will be maintained as a wooded area for a width of at least fifty (50) feet as depicted on Exhibit "A". 3. That all proposed structures shown on Exhibit "A" will be constructed of natural exterior building materials such as stone, brick, decorative block, stucco, and wood. This shall not preclude the use of other building construction materials when used as a particular component of the building system such as glassed atriums, skylights, entry canopies, standing-seam metal roofs, or other structural or mechanical systems incidental to the building use. Metal buildings, mobile or manufactured buildings, with the exception of temporary structures used as contractor's offices during construction, or other structures inconsistent with the above described selection of materials shall not be used in this development. 4. Recreational amenities consisting of internal walkways shall be improved surfaces and integrated with existing walkways on adjacent parcels and as depicted on Exhibit "A". 5. Landscaping shall be maintained on the north slope near the Independent Living facility in substantial conformity with the conceptual Landscaping Plan attached as Exhibit "C". The Conceptual Site Diagram shows two office buildings on the portion of Tax Number 5460124 that is the subject of this petition. The 11.9 acre parcel was subdivided into two parcels including the 5.930 acre parcel (retaining Tax Number 5460124) that is the subject of this petition. A 0.108 acre portion of Tax Number 5470130 is proposed to be rezoned from MX, Mixed Use District to MXPUD, Mixed Use Planned Unit Development to provide the required access to a public street. Tax Number 5470130 was originally a portion of a 16.16 acre parent tract identified as Tax Number 5470119. The parent parcel was conditionally rezoned C-2, General Commercial District, C-1 as part of ordinance number 24898-120379 on December 3, 1979. One of the conditions included was that the area comprised of Tax Number 5470119 would be developed as a motel, but if a motel was not developed within six years the zoning would revert to C-1, Office and Institutional District. The property was not developed as a motel within six years and the property was designated as C-1, Office District as part of the City's comprehensive 3 rezoning in 1987. The parcel was rezoned MX, Mixed Use District as part of the City's comprehensive rezoning on December 5, 2005. Tax Number 5470119 was subdivided into two lots in July 1989 creating Tax Number 5470123. Tax Number 5470123 was subsequently divided into three lots in March 1998 at which time Tax Number 5470130 was created. The final parcel subject to this petition is an approximately 0.293 acre portion of the Granger Road right-of-way that the petitioner has petitioned to be vacated. As part of the vacation process, this parcel will be consolidated as part of Tax Number 5470207 which is proposed to be rezoned MXPUD, Mixed Use Planned Unit Development as part of this petition. The property proposed for rezoning will be used to construct up to four 24-unit condominium buildings, two 32- unit condominium buildings, a wellness center and associated access road, driveways and parking facilities. The original Petition to Rezone was filed on April 6, 2006. An amended petition was filed on June 14, 2006, and a second amended petition filed on June 19, 2006. A third amended petition filed July 20, 2006, to address specific staff comments. Considerations Current Land Use As shown in the table, the subject properties include nine parcels currently zoned R-7, Residential Single Family District. However, a residence is located on only one of these parcels, the remainder being vacant. Likewise, the 5.930 acre parcel (Tax Number 5470130) and the portion of the Granger Road right-of-way are currently vacant. The 0.108 acre portion of Tax Number 5470130 contains a portion of Pheasant Ridge Road, private street. Surroundinq Zoninq Districts and Land Uses The subject properties are located in the Southern Hills Neighborhood. The properties that are the subject of this request are currently zoned MX(c), Mixed Use District, conditional, MX, Mixed Use District, and R-7, Residential Single Family District. The properties are surrounded by a variety of zoning districts with a mix of residential, commercial and mixed use development with nearby open space: . R-7, Residential Single Family District: residential development is present extending from the northwest clockwise to the eastern portion of the property. Residential development in the area consists of mostly modest, single story houses with sizes ranging from less than 900 square feet (sf) to approximately 1600 sf. Some vacant lots are interspersed between houses. 4 . CLS(c), Commercial-Large Site District, conditional: Hunting Hills Plaza including a Wal-Mart and other strip retail sales establishments are present to the west of the subject properties. . MX, Mixed Use District: Various office space and an assisted living center operated as part of the Pheasant Ridge Development are located to the southwest of the subject properties. A vacant lot is located to the south of the subject properties and is the proposed location for a future independent living building that will also be part of the Pheasant Ridge development. Further to the south and southeast are condominiums and a nursing home facility tat are also part of the Pheasant Ridge Development. (Several parcels in this area are conditionally zoned.) . ROS, Recreation and Open Space District: Approximately 650 feet to the east of the subject properties is park space associated with the Mill Mountain and Blue Ridge Parkways. The proposed condominiums units will be designed generally match those already existing in the Pheasant Ridge development. Conditions Proffered bv the Petitioner As part of the MXPUD, Mixed Use Planned Unit development, the petitioner is required to prepare a development plan which will become the binding conditions for future development on the subject properties. No additional conditions are proffered beyond those listed on the development plan. Key components noted on the development plan are as follows: . Buildings will be located close to the private street (approximately 12 to 24 feet) with parking to the sides and rear, with the exception of designated on-street parking areas. . The building exteriors will be constructed of natural materials (e.g., stone, brick, decorative block, stucco and wood). . A 30-feet wide buffer yard will be provided between the proposed development and the Griffin and Van Winkle Road corridors. . A new walking trail will be constructed to connect the proposed development with the existing development walkways. . The buildings will be used only for multifamily dwellings and a wellness center. Note: The proposed development plan only shows the proposed location of the future wellness center. The MXPUD, Mixed Use Planned Unit Development District development plan will need to be amended in the future to provide details on parking and access prior to any construction activities related to the wellness center. Compliance with the Zoninq Ordinance Approximately 6.04 acres of the 11.50 acres included in the petition was previously identified as part of the Pheasant Ridge Project and was slated for development of two 5 office buildings based on the Conceptual Site Diagram included as part of ordinance 36883-101804. This portion of the subject property is currently zoned MX(c), Mixed Use District, conditional. This portion of the property could be used for multifamily dwellings with the current zoning, if the proffered site plan covering the parcel is revised to allow the use. A health and fitness center would not be allowed in an MX, Mixed Use District under the current zoning ordinance. Rezoning to MXPUD, Mixed Use Planned Unit Development would allow for both multifamily dwellings and a health and fitness/wellness center. The remainder of the subject parcel consists largely of property currently zoned R-7, Residential Single Family District and cannot be used for either multifamily dwellings or a health and fitness/wellness center. These activities would be allowed if the subject properties are rezoned to an MXPUD, Mixed Use Planned Unit Development. The proposed 30 feet buffer yard exceeds the minimum buffer width that would be required between an MX, Mixed Use District and an R-7, Residential, Single Family District. Compatibility with the City's Comprehensive and Neiqhborhood Plans Vision 2001-2020 contains the following relevant policies: . Housing choice. The City will have a balanced, sustainable range of housing choices in all price ranges and design options that encourage social and economic diversity throughout the City. . City Design. The plan encourages narrow streets with trees and on-street parking. The plan also encourages building placement near streets, with parking located to the side and rear of buildings. The Southern Hills Neighborhood Plan identifies future land use of the properties as a combination of mixed density and single family residential. These designations align with the current zoning of the various parcels (i.e., MX(c), Mixed Use District, conditional and R-7, Residential Single family District). The neighborhood plan contains several specific policies which are relevant to the proposed development: . Support continued mixed density residential development in Pheasant Ridge. . Support new residential development that uses traditional urban neighborhood development patterns with urban amenities such as sidewalks and street trees. Such development should be encouraged through appropriate zoning and supporting infrastructure improvements. . New developments should accommodate mixed densities (and incomes), and must preserve environmentally sensitive areas to the greatest extent possible. . New development must connect to existing residential areas to the extent possible. . New development should seek to provide safe, convenient connections between residential and commercial areas and between businesses. New roads should be 6 designed so they connect with streets at multiple locations and avoid the use of cul-de-sacs. . Safe, convenient auto, pedestrian, and bicycle access should be provided throughout the neighborhood. New streets should be designed according to the recommended street designs in the Infrastructure section. . Encourage the use of clustered development to avoid development on steep slopes or near parkway lands. New development should design excess capacity in erosion control and storm water management measures. The plan also notes that lack of connectivity with existing development has created significant congestion problems. These congestion issues are reflected in concerns of the City's Traffic Engineer regarding the existing capacity at the intersection of Pheasant Ridge Road and Franklin Road (U.S. Route 220) and how the proposed development will further impact this situation. Congestion is a concern where commercial driveways feed into Pheasant Ridge Road creating congestion near the intersection with Franklin Road and at the intersection itself. The petitioner has performed an evaluation of the likely number of automobile trips that will be generated from the proposed condominium development using Institute of Transportation Engineers' trip generation curves. The expected number of trips based on an elderly population will vary from 557 trips per day (elderly housing - attached category) to 1000 trips per day (typical condominium use). By comparison the expected trip generation from the previously proposed office use is 1200 trips per day. In effect the proposed development will result in a net decrease in traffic from the area based on the previously approved development plan. Overall, the proposed development is consistent with the comprehensive and neighborhood plans. . Land use is consistent with the future land use plan and the specific recommendation to continue mixed use development of Pheasant Ridge. The proposed development will contribute to Roanoke's overall housing mix by providing above market-rate housing. . Staff lacks adequate information about the design of the new private street to fully evaluate it. However, the street is narrow with some on-street parking provided. To conform to the comprehensive plan, it should have sidewalks on both sides with street trees provided between the curb and sidewalk. . Buildings are located near the street with the majority of parking provided within the building. Surface parking is located between buildings. . Connectivity to surrounding areas is not provided and the proposed street is terminated with a cul-de-sac. Staff considered this issue and finds that connecting to either Griffin or Van Winkle Roads would not be desirable. Both are very narrow rural lanes with no pedestrian accommodations. The marginal enhancement in connectivity would be more than offset by the addition of traffic to streets which are incapable of handling additional capacity. 7 Planning Commission Discussion The proposed development was discussed, primarily relative to the configuration of the private street that serves the development as follows: . The Planning Commission asked staff why the private street from Pheasant Ridge Road was not extended to either Griffin or Van Winkle Road to provide additional connectivity as identified as a general policy in the City's comprehensive plan. Staff responded that the rural nature of these roads would make them unsafe with additional traffic. The Planning Commission asked staff to perform additional consideration of connectivity issues in the future. This should include the consideration of rights-of-way for future street extensions that may be appropriate as neighborhoods and their streets evolve over time. . The planning commission expressed concern about the location of a pedestrian walkway/crossing area located in the flared section of the private street where it connects to Pheasant Ridge Road. The petitioner noted to staff that the walkway location could be modified during the development of the project. Recommendation Bya vote of 5-0, the Planning Commission recommends approval of the requested rezoning. The Commission finds that the proposed development is consistent with comprehensive and neighborhood plan policies by virtue of the proposed use and by locating buildings close to the street, de-emphasizing parking areas, and providing an appropriately-sized street. Respectfully submitted, ~~ (l7{~ Richard A. Rife, Chairman Roanoke City Planning Commission cc: Darlene L. Burcham, City Manager Rolanda Russell, Assistant City Manager for Community Development William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney Petitioner 8 TABLEl Properties to be Rezoned as Part of Continued Pheasant Ridge Development - R-7, Single Family District Current Zoning -J Proposed Action MX(c), Mixed Use : Repeal current proffered District, Conditional I conditions, rezone to MXPUD, Mixed Use Planned Unit Deyelopment District Rezone to MXPUD, Mixed Use Planned Unit Development District Tax Map No. Acreag e 5.93 1. 5460124 -_.~.._- 2. 5470207 0.4174 3. 5470301 0.7339 4. 5470302 0.6611 5. 5470303 0.7153 6. 5470304 0.6330 7. 5470305 0.6722 8. 5470306 0.4169 9. 5470307 0.4595 10. 5470308 0.4603 i ._ Combine with Tax Map No. 5470207 with proposed MXPUD, Mixed Use Planned Unit Development District zoninq Rezone to MXPUD 9 547C523 54,0522 5470521 54i'C520 5470519 547;)/10 547C~02 5470404 5470405 54704:-16 5470407 ~ '" Z ~ Z ~ 54707"!1 5470409 5470414 5470413 5470412 5470411 5470410 6470116 CLS (c) 5460123 5470123 N A MX 5460125 5470129 5460130 Official Tax No's. 5460124, 5470207, 5470301, 5470302, 5470303,5470304,5470305,5470306,5470307, 5470308,5470130 . Pheasant Ridge ROCid, S.W. 54 THIRD AMENDED PETITION TO REZONE IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, IN RE: Repeal of Proffcrcd Conditions and rczone Lot 2A, containing 5.93 acres of Pheasant Ridge Condominiums II, LL, Tax Map #5460124 from MX(c), Mixed Use District, Conditional to MXPUD, Mixed Use Planncd Unit Dcvclopment District. Rezonc Properties of Dalton Place. LLC, Map # 5470207 (0.4174 ac), #5470302 (0.6611 ae), #5470303 (0.7153 ac), #5470304 (0.6330 ae), #5470305 (0.6722 ac), #5470308 (0.4603 ac); A &.1 Holdings, Inc., Tax Map #5470301 (0.7339 ae); Integra Investments, LLC, Tax Map #5470307 (0.4595 ae); and Dalton Place, LLC and Van Winkle, LLC #5470306 (0.4169 ae); and with a total acreage of 5.1696 acrcs from R-7, Residential Single-Family District to MXPUD, Mixed Use Planned Unit Development. Combine portion of Granger Road right-of-way containing 0.293 acres with Dalton Place LLC, Map #5470207 bearing proposed zoning ofMXPUD, Mixcd Usc Planned Unit Development District. Portion of Pheasant Ridge Road, Tax Map #5470130, containing 0.108 acres, owned by Pheasant Ridge Office Buildings, LLC, zoned from MX to MXPUD. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: By Ordinance No. 24898-120379, at the request of Roanoke Health Care Centcr, City Council rezoned the property identified as Tax Map No. 546010 1 C-1, with proffered conditions. By Ordinance No. 32815-020596, at thc request of Roanoke Health Care Center, City Council amcnded the prcvious proffered conditions. By Ordinance No. 36883-101804, at the rcquest of Pheasant Ridge Condominiums II, 1.1., City Council amended the previous proffercd conditions for propcrty identified as Lot 2, containing 11.9 acres, Tax Map number 5460124. The Petitioner, Pheasant Ridge Condominiums II, 1.1., owns Tax Map Number 5460124 in thc City of Roanoke and rcqucsts that thc conditions relating to said property be 1 amendcd as hereinafter set out. Tax Map Number 5460124 is a subdivided lot created from parcnt tract 5460101 on July. 16 1996. Tax Map Number 5460124 was then subdivided on Decembcr 16,2005 by Pemlit Number SU-50076 into 2 lots: Lot 2A, containing 5.93 acres, Tax Map Number 5460124 and Lot2B, containing 5.97 acres, Tax Map Numbcr 5460165. The Petitioner hereby requests that the following proffcrs cnaeted by Ordinance 36883-101804 be repcaled as they pcrtain to Tax Map No. 5460124: 1. That thc propcrty will be devcloped in substantial conformity with the conceptual site plan prepared by Lumsden Associates, PC, dated July 19, 2006, a copy of which is attachcd to the Petition for Amendment as Exhibit "At!. 2. That the property shall bc used only for the following uses: a. Permitted Uses: 1. General, medical and profcssional offices. b. Special Exccption Uses: 1. Group care facilitics subjcct to the requircments of section 36.1- 560 et seq. 2. Multifamily dwellings, so long as a special exception is granted. 3. Medical Clinic. 3. That a wooded buffer area contiguous with the northem property lines will bc maintained as a wooded area for a width of at least fifty (50) feet as depicted on Exhibit "A". 4. That all proposed structurcs shown on Exhibit "A" will be constructed of natural exterior building matcria1s such as stone, brick, decorative block, stucco, and wood. This shall not preclude the use of other building construction materials when used as a particular component of the building system such as glassed atriums, skylights, entry canopies, standing-seam metal roofs, or other structural or mechanical systems incidcntal to the building use. Metal buildings, mobile or manufactured buildings, with thc cxception of temporary structures used as contractor's offices during construction, or other structures inconsistent with the abovc describcd sclcction of materials shall not be used in this development. 5. Recreational amcnitics consisting of internal walkways shall be improved surfaces and integrated with existing walkways on adjacent parcels and as dcpictcd on Exhibit "A". 2 6. A detailed landscape plan, including streetscape design, walking trail location and landscaping, and sidewalk location and landscaping along the private street will be prepared by a professional landscape architect and approved by the City. 7. The proposed street serving this development shall be private; for street section see Exhibit "C'. Street trees shall be planted at a minimum of 50' on eentcr, cxeept where parking lot entnmees or driveways intersect the street. Sidewalks shall provide pedestrian access to surface parking spaccs and shall othcrwise meander through strect landscape areas. The Petitioner, Dalton Place, LLC, owns property in the City of Roanoke on Granger Road, identified as Tax Map # 5470207 (0.4174 ac), and on Griffin Road, identified as Ta'l Map # 5470302 (0.6611 ac), #5470303 (0.7153 ac), #5470304 (0.6330 ac), and #5470305 (0.6722 ae), and on Van Winkle Road identified as Tax Map #5470308 (0.4603 ac); A & J Holdings, Inc., owns propcrty on Griffin Road, idcntified as Tax Map #5470301 (0.7339 ac); Intcgra Investments, LLC, owns property on Van Winkle Road, identified as Tax Map 115470307 (0.4595 ac); and Dalton Place, LLC and Van Winkle, LLC own propcrty on Van Winkle Road, identified as #5470306 (0.4169 ae). All properties, totaling 5.1696 acres, are contiguous and the petitioners rcquest that current zoning ofR-7, Residcntial Single- Family District be changed to MXPUD, Mixed Use Planned Unit Development. Vacation of the Granger Road right-of-way results in 0.293 acres to be combined with Dalton Place, LLC, Tax Map #5470207, and the petitioner rcquests that this area be rczoncd from R-7, Rcsidential Single-Fanlily District to MXPUD, Mixed Usc Planned Unit Development District. A new zoning line is required at the cul-de-sac on Pheasant Ridge Road and the petitioner, Phcasant Ridge Officc Buildings, LLC, Tax Map #5470130, requests that the 0.108 acres bc rezoncd from MX, Mixcd Use District to MXPUD, Mixed Use Planned Unit Developmcnt. Pursuant to Scction 36.2-540, Code of the City of Roanoke (1979), as amended, the 3 Pctitioner requcsts that the said properties totaling 5.1696 acres bc rczoned from R- 7 Residential Single Family District to MXPUO Mixed Usc Planned Unit Developmcnt District; the Grangcr Road right-of-way totaling 0.293 acres bc zoned MXPUD Mixed Use Planned Unit Development and the 0.108 acrc portion of Tax No. 5470130 bc rezoned from MX, Mixed Use District to MXPUD, Mixed Use Planned Unit Development for the purpose of completing the mixture of living unit options in the Pheasant Ridgc community. The Petitioner believes the proposed rezoning and rcpeal ofproffcrs on the said tracts ofland wiU further the intent and purposes of the City's Zoning Ordinancc and its comprehensive plan, in that it will provide highcr dcnsity, market rate housing ncar a local commcrcial centcr. Attached as Exhibit "0" are the names, addresses and tax numbers oft'he owner or owners of aU lots or property irnnlediately adjacent to and immediately across a strcet or road from the subject properties. WHEREFORE, the Petitioner requests that the above-described amended proffers and rczoning requcsts be approved as herein sct out in accordance with the provisions of the Zoning Ordinance ofthc City of Roanoke. 4 Respectfully submitted this ,. day of .s..! 2006. Respectfully submitted, By: James R. Sl11ith~l[er of all other Properties Pheasant Ridge Condominiums 11, LL Pheasant Ridge Real Estate Holdings, LLC Pheasant Ridge Office Building, LLC Dalton Place, LLC A & J Holdings, Inc. 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"$ ., w UCfl . 0::: o...U.J -z C/Jz U:.:l< t--<U; -<J:::en -0::: Uo 0>-< C/J U.J - C/J>z -<0:::6 ::::>0::: Z'f)- en> Wo:::- OU.J!::3 rI" U.J - "'.J .~ 0 ~::::z 0< :=>:z,o ......JU.JO::: 6Mp'UOlloeS-pIl'OJ-OpUOOJd-gOtgO\6U51\90tSO\gOO~\s6U'MIIJP\:M EXHIBIT D -- I'iRIGHBORS 54701t6 NEW PLAN REALTY TRUST PO BOX 4800 SCOTTSDALE, AZ 8526t--4900 547030 t A & J HOLDINGS, 1NC. 4415 I'll EASANT RIDGE ROAD. #303 ROANOKE VA 24014 5470310 EDWARDS ROY C OR ELIZABETH M EDWARDS 4437 V AN WINKLE RD SW ROANOKE VA 24014 5470206 PAIGE PAUL ANDREW & JOY FAYE 4323 GRIFFIN RD SW ROANOKE VA 24014 5470309 EDWARDS TERRY LEO 4437 VAN WINKLE RD SW ROANOKE VA 24014 5470207 DALTON PLACE LLC 4415 PHEASANT RIDGE RD ROANOKE VA 240t4 5470308 DALTON PLACE LLC 4415 PHEASANT RIDGE RD ROA1'>:OKE VA 24014 5470414 mmERWOOD MELISSA DELANE POBOX21t53 ROANOKE VA 24018 5470307 INTEGRA lJ'o,'VESTMENTS LLC 4415 PHEASANT RIDGE RD ROANOKE VA 24014 5470413 GRIFFIN ROAD, LLC 4415 PHEASANT RIDGE ROAD, 300-303 ROANOKE, VA 24014 5470306 DALTON PLACE LLC VAN WINKLE LLC 44t5 PHEASANT RIDGE RD ROANOKE VA 24014 5470412 DNAL HOLDINGS I, LLC 44 I 5 PHEASANT RIDGE ROAD. 303 ROANOKE, VA 24014 5470305 DALTON PLACE LLC 4415 PHEASANT RIDGE RD ROANOKE V A 24014 547041t DNAL HOLDINGS I LLC 4415 PHEASANT RIDGE RD303 ROANOKE VA 24014 5470304 DALTON PLACE LLC 44t5 PHEASANT RIDGE RD ROANOKE VA 24014 5470410 CLA YTOR HENRY J JR & CAROLYN D 4350 GRIFFIN RD SW ROANOKE VA 24014 5470303 DALTON PLACE LLC 4415 PHEASANT RIDGE RD ROANOKE VA 24014 5470409 TRS FIRST BAPTIST CHURCH JEFFERSON ST & GILMER AVE NE ROANOKE VA 24016 5470302 DALTON PLACE LLC 4415 PHEASANT RIDGE RD ROANOKE VA 24014 5470408 WEBB RICHARD B JR 4372 GRIFFIN RD SW ROANOKE VA 24014 5460123 HCP VIRGINIA INC 3760 KlLROY AIRPORT WAY STE 300 LONG BEACH CA 90806 9 5470712 DUI\BAR JOHNNY M 4404 V AK WIKKLE RD SW ROANOKE VA 240t4 5470713 MUSE RUBY MARIE 4422 V AN WINKLE RD SW ROANOKE VA 24014 5450102 DICKERSON ELIZABETH ORA 4446 V AN WINKLE RD SW ROANOKE VA 24014 5450125 PHEASANT RIDGE CONDOMINIUMS LLC 4438 PHEASANT RIDGE RD SW #108 ROANOKE VA 24014 5460164 PHEASANT RIDGE WELLNESS CENTER LL 4415 PHEASANT RIDGE RD#to5 ROANOKE VA 240]4 5460130 PHEASANT RIDGE ASS]STED LIVING 4435 PHEASANT RIDGE RD SW ROANOKE VA 240t4 5470129 PHEASANT RIDGE OFFICE 44t5 PHEASANT RIDGE RD SU 300-303 ROANOKE VA 24018 10 , The Roanoke Times Roanoke, Virginia Affidavit of Publication NOTICE OF PUBLIC HEARING ". + .. - - - - - - - The Council of the City of Roanoke will hold a public hearina on Monday. August 21. 2006. at 7:00 p.rn" or i1ssoonthcrcaftcrilslhe rn<ltlcr maybe h(Hlrd. In the Council Chilmber. fourth floor, In the Noel C. Taylor MUnicipal Builrling, 215 Church Avenue. 5.W. Roanoke. Virj~inl,], to consider the following: Request from Pheasant I Ridge Condominiums II, Ll, Dalton Place, LLC, A & J Holdings,l nc". Integrn !Investments, LLC, Van : Winkle. LlC. Pheasant Ridge \ Rl.'ol Estate Holdings. LlC, land Pheasant Ridge Office Building. LlC, thai proffered Iconditionson propcrly bC<lring Oflici.ll Ta~ No. 5460124, locClled on I Pht!<Isant Ridge Road. S.W..( rcliltinglolayoulof the Isubiectpropert).permllled/ uses. exterior milteriats, IrecreationaJ amenitIes. andl landscapebulferlng.be, \repealed and'th3t such., property be relone'q fromj' IMX, MI~ed li~e District. to[ MXPUD, Mi~ed lise Plilnncd ' Unit ae~cloprncnt a.iSITlct:! ,thai propertie<; bearing ,Official Tax Nos. 5470207, I 154703011hrough 5470308,: inclusl~e, located on GrlWn '. Rond. S.W.. be rC'zonC'd hom R-7, Resldential;Slng'le Family District, to M~PliD. . IMi~edUsePlannl;!d Unil . .Oe~elopment Disltii:i:illtnl Ithe po~tion of Grtlnge~:ffPad. . S.W., rlght-of.way containing 0.293.ilcres. vacatc'd by . Or d.l.n ,1 n c C' .'10.. . 37484-071706. be re1<ined . from R-7. Residential Single Family District. to MXPUD. MI~ed Use Planned Unit Development Dislrict: and that a 0.108 acre portion 01 property bearing Officiill Ta~ No. 5470130, on Pheasant Ridge Road, S.W., be reloned from MX, Mj~ed Use District. to MXPUO, Mi~ed Use Pia n n e d Un II Development District. for the purpose 01 completing the mlllureotli~ingunit options In the Pheasant Ridge community and allowing reSidential uses and relalcd: ilmenlliesanduses. ! , A.copy of the petition is t1vtlilabre lor review In the Office of the Cny Clerk,' Room 456. Noel C Ta)IOr Municipal Building. 215 . Church Avenue, S.W.,. I Roanoke. Virginia. I All parties in interest andl cilizens may app('ar on lhel clbovedatcandbeheardon' the matter. If.vou ure 8' per!';on .....lth a disability who' needs accommodations lor this heanng. please contact the City Clerk's Ollice. at 853-2541, before noon on Ihe Thursday belore the dale of the hearing hsted above. GIVEN under my hand thIS 1st dilY of August. 2006. I MilryF. Pmker. City CJerk. (9780511) ---.---. The Roanoke Times PHEASANT RrDGE REAL ESTATE HOL ST" 301 4415 PHEASANT RIDGE ROAD ROANOKE VA 24014 REFERENCE, 80139973 9780511 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~~inia. Sworn and subscribed before me this _J_~~_day of August 2006. Witness my hand and official seal. __~ <:::J.- _-{f!It ~ Notary Public My rommistt;~L~~s ~1t-2.LJ.J2______. PUB~I~HED ON, OS/04 08/11 TOTAL COST: FILED ON, 540.96 08/11/06 -----+-------- Authorized ~11 ;'1_ Signature, ~[-L-~~~_, Billing Services Representative . ':-J :::; -<: g '" ^ . .s' 0'" :D ~ ....... -"'- " ::zt ~ E- CO $-~ '0-' ,,\: ,/ NOTIC~~ OF PUBLIC HEARING The Council of the City of Roanoke will hold a public hearing on Monday, August 21,2006, at 7:00 p.m., or as soon therealler as the mailer may be heard, in the Council Chamber, fourth noor, in the Noel C. Taylor Municipal Building, 115 Church Avenue, S.W.. Roanoke, Virginia, to consider the following: Request from Pheasant R'idge Condominiums II, LL. Dalton Placc, LLC, A & .I Holdings, lnc.. lntcgra Investmcnts, l.l.c. Van Winklc, LLC, Pheasant Ridge Real Estate Holdings, LLC, and Pheasant Ridge Office Building, LLC, that proffcrcd conditions on property hearing Official Tax No. 5460124, located on Pheasant Ridge Road, S. W., relating to layout of the subject property, penllitted uses, extcrior materials, recreational amenities, and landscape buffering, be repealed and that such property be rczoned from MX, Mixed Use District, to MXPUO, Mixed Use Planned Unit Development District; that propenies bearing Official Tax Nos. 5470107, 5470301thrould15470308. inclusive. located on Griffin Road, , . S. \Y., be rczoncd fi'om R-7, Residential Single Family District, to MXPUD, Mixed Use Planned Unit Dcvelopmcnt District; that thc portion of Grangcr Road, S.W., right-of-way containing 0.293 acres, vacated by Ordinance No. 37484-071706, be rezoned Irom R-7, Residential Single Family District, to MXPUD, Mixed Use Planned Unit Development District; and that a 0.108 acrc ponion of property bearing Official Tax No. 5470130, on Pheasant Ridge Road. S. W.. be rezoned from MX, Mixed Use District. to \1XPUD. Mixed Usc Planned Unit Development Distliet, fix the purpose of completing the mixture ofliving unit options in the Pheasant Ridge community and allowing residential uses and related amenities and uses. A copy of the petition is available for review in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church /I. n:nuc, S. W., Roanoke, Virginia. All parties in intcrest and citizens may appear on the abovc date and be heard on thc matter. If you are a person with a disability who nceds accommodations for this hearing, please contact the City Clerk's Ortice, at 853-2541, before noon on the Thursday before thc date of the hearing listed above. GIVEN under my hand this !.2..L day of August ,2006. Mary F. Parker. City Clerk. J.: \S<ll lCl,:-"I'III,AS,,:-'; r ~1]H'jE C()~r.lll.\ll:-'III.\IS II. 1.1., [1,\I.lll~'; 1.1.....CE. Fl"<' _ ~.()J lCT.DC.(" Notice to Publishcr; Publish in thc Roanoke Times once on Friday, August 4, 2006, and Friday, August 11, 2006. Send anidavit to: Mary F. Parker, City Clerk 215 Church Avenuc, S. W. Roanoke, Virginia 24011 (540) 853-254\ Send bill to: Hunter D. Smith, Vice Manager Pheasant Ridge Rcal Estate Holdings, LLC 4415 Pheasant Ridge Road, S.W., Suite 301 Roanoke, Virginia 24014 (540) 772-5090 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avcllue, S.W.. Room 456 Roanoke, Virginia 2401 1-15:16 Telephl.lIlt: 1~4111 ~.:'i3.25-l-] F~L\: ()-I-OI ~:"J-II-l-5' F.-Illail: dcrk(~'I..'i.rl':JIlt'ke. \"a.Li~ .\fAln' t-: P..\RKER. c.\fC CIty Ckrt August 2, 2006 File #51 STEI)H:\:o.IIE M. :\IOON. C\1C Deputy Cit~ Clerk SHEILA ~. 11,\ RHIA!,; As~iq;tTlt Cit) Clerk Hunter D. Smith, Vice Manager Pheasant Ridge Real Estate Holdings, LLC 4415 Pheasant Ridge Road, S, W. - Suite 301 Roanoke, Virginia 24014 Dear Mr. Smith: 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, August 21, 2006, at 7:00 p,m., or as soon thereafter as the matter may be heard, in the City Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, on the request of Pheasant Ridge Condominiums II, LL, Dalton Place, LLC, A & J Holdings, Inc., Integra Investments, LLC, Van Winkle, LLC, Pheasant Ridge Real Estate Holdings, LLC, and, Pheasant Ridge Office Building, LLC, that proffered conditions on property bearing Official Tax No. 5460124, located on Pheasant Ridge Road, S. W., relating to layout of the subject property, permitted uses, exterior materials, recreational amenities, and landscape buffering, be repealed, and that such property be rezoned from MX, Mixed Use District, to MXPUD, Mixed Use Planned Unit Development District; that properties bearing Official Tax Nos. 5470207, 5470301 - 5470308, inclusive, located on Griffin Road, S. W" be rezoned from R-7, Residential Single Family District, to MXPUD, Mixed Use Planned Unit Development District; that a portion of Granger Road, S, W., right-of-way containing 0.293 acre, which is the subject of a petition to close and vacate such right-of-way, be rezoned from R-7, Residential Single Family District, to MXPUD, Mixed Use Planned Unit Development District; and that a portion of property bearing Official Tax No, 5470130, located on Pheasant Ridge Road, S. W., be rezoned from MX, Mixed Use District, to MXPUD, Mixed Use Planned Unit Development District, for the purpose of completing the mixture of living unit options in the Pheasant Ridge community and allowing residential uses and related amenities and uses, For your information, I am enclosing copy of a report of the City Planning Commission and a notice of public hearing. Please review the documents and if you have questions, you may contact Steven J. Talevi, Assistant City Attorney, at 540-853-2431. Questions with regard to the City Planning Commission report should be directed to the Department of Planning, Building and Economic Development at 540-853-1730. L:\CLERK\OA TA\CKEWl \Puhlil" Hl.:arings'-Public Hearings 2006\ACG 06\Attomeys and Adjoining Property O....ners Aug.doc Hunter D. Smith August 2, 2006 Page 2 It will be necessary for you, or your representative, to be present at the August 21 public hearing. Failure to appear could result in a deferral of the matter until a later date. Sincerely, /J ~ ~ .j r(}J. Lv Mary F. Parker, CMC City Clerk MFP:ew Enclosure L\C1..F.RK\DATA'.CKF.Wl\PubiLc Ilearings\Puh!i~ Hearings 2fJO(J\A.l.:(j Ob\Attorncys and Adjoining Property Ov.ncrs "\ug.do.:: CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue. S.W.. Room 456 R(lanoke. Virginia 24011-1536 Tcleplwue: {540l 853-~5.t1 F:l,'/;: (540) 853-11.15 E-TI1:lil: clerkC!!'ci.nl:.illOke.HllI:' STEI'HA"IE ~I. MOO", CMC Deputy City Clt:rk MARY F. PARKER. CMC CilY Clerk SHEILA :'\I. IIART:\1,\" Assi:.tillll City Clerk August 2, 2006 File #51 Mr. Terry L. Edwards Mr. and Mrs. Paul Paige Ms. Melissa D. Underwood Mr. and Mrs. Henry Claytor Trustees, First Baptist Church Mr. Richard B. Webb, Jr. Mr. and Mrs. Joseph Wood Ms. Ruby M. Muse Galileo Appollo-Sub, LC Ms. Dawn Vineyard Ms. Janet Scheid Ladies and Gentlemen: Pursuant to provisions of Resolution No.2 5 523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, August 21,2006, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, on the request of Pheasant Ridge Condominiums II, LL, Dalton Place, LLC, A & J Holdings, Inc., Integra Investments, LLC, Van Winkle, LLC, Pheasant Ridge Real Estate Holdings, LLC, and Pheasant Ridge Office Building, LLC, that proffered conditions on property bearing Official Tax No. 5460124, located on Pheasant Ridge Road, S. W., relating to layout of the subject property, permitted uses, exterior materials, recreational amenities, and landscape buffering, be repealed, and that such property be rezoned from MX, Mixed Use District, to MXPUD, Mixed Use Planned Unit Development District; that properties identified as Official Tax Nos. 5470207, 5470301- 5470308, inclusive, located on Griffin Road, S. W., be rezoned from R-7, Residential Single Family District, to MXPUD, Mixed Use Planned Unit Development District; that a portion of Granger Road, S. W., right-of-way containing 0.293 acre, which is the subject of a petition to close and vacate such right-of-way, be rezoned from R-7, Residential Single Family District, to MXPUD, Mixed Use Planned Unit Development District; and that a portion of property bearing Official Tax No. 5470130, located on Pheasant Ridge Road,S, W., be rezoned from MX, Mixed Use District, to MXPUD, Mixed Use Planned Unit Development District, for the purpose of completing the mixture of living unit options in the Pheasant Ridge community and allowing residential uses and related amenities and uses. L\CLERK\nA T ^\CKEW1\Puhljc Hl'aring:;\Puhlic Ilcanngs 2006V\UG 06\Attomcys and Adjoining Property O\\TlL'TS Aug.doc Interested Property Owners and/or Adjoining Property Owners August 2, 2006 Page 2 This letter is provided for your information as an interested property owner and/or adjoining property owner. If you have questions with regard to the matter, please call the Department of Planning, Building and Economic Development at 540-853-1730. 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. Sincerely, K n...,! ()...,.tv Mary F. Parker, CMC City Clerk MFP:ew L:\CI.ERK\DATA\CKEWI\Publi~ Ilearings\Pubhc Hcaring.c; 2006V\UG 06\Attomeys and Adjoining Property O....llers Aug.doc TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE REZONING REQUEST OF: CITY CLERK '06 JUfj 23 RM0'3:39 Pheasant Ridge Condominiums II"LL, and Cecil Eugene Edwards for properties on Van Winkle, Granger, & Griffin Roads, Tax Nos. 5460124, 5470207, 5470301 through 5470308, pI. 5470130 and portions of rights-of-way, be rezoned from MX & R-7 to MXPUD & conditions repealed on 5460124 ) ) ) 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 23rd day of June, 2006, notices of a public hearing to be held on the 20th day of July, 2006, on the closure captioned above to the owner or agent of the parcels listed below at their last known address: Tax No. Name Address 5470309 Terry Leo Edwards 4437 Van Winkle Road, SW Roanoke, VA 24014 5470206 Paul and Joy Paige 4323 Griffin Road, SW Roanoke,VA 24014 5470414 Melissa Delane Underwood POBox 21153 Roanoke, VA 24018 5470413 5470207 5470412 5470411 5460165 5460130 5470129 5470130 Petitioner . 5470410 Henry and Carolyn Claytor 4350 Griffin Road, SW Roanoke, VA 24014 5470409 Trustees First Baptist Church 310 Jefferson Street, NE Roanoke, VA 24016 5470408 Richard B. Webb, Jr. 4372 Griffin Road, SW Roanoke, VA 24014 5470712 Joseph & Melissa Wood 4404 Van Winkle Road, SW Roanoke, VA 24014 5470713 Ruby M. Muse 4422 Van Winkle Road. SW Roanoke, VA 24014 5470116 Galileo Apollo I Sub LC POBox 4900 Scottsdale, AZ 85261 Notice also sent to: Janet Scheid Roanoke County Planning POBox 29800 Roanoke, VA 24018 Dawn Vineyard Southern Hills NH Council 4024 Griffin Road, SW Roanoke, VA 24014 '(h()JLthfA. P a.u ;jy cwll--...> Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 23rd day of June, 2006. ~dau R /l1~ Notary Public My Commission Expires: Jl/3{)/08 NOTICE OF PUBLIC HEARING BEFORE THE CITY OF ROANOKE PLANNING COMMISSION TO WHOM IT MAY CONCERN: The City of Roanoke Planning Commission will hold a public hearing on Thursday, July 20,2006, at 1 :30 p.m., or as soon as the matter maybe heard, in the City Council Chamber, fourth 'floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, to consider the following: Request from Pheasant Ridge Condominiums II, LL, Dalton Place, LLC, A & J Holdings, Inc., Integra Investments, LLC, Van Winkle, LLC, Pheasant Ridge Real Estate Holdings, LLC, Pheasant Ridge Office Building, LLC, and Cecil Eugene Edwards, that proffered conditions on property bearing Official Tax No. 5460124, located on Pheasant Ridge Road, S.w" relating to layout of the subject property, permitted uses, exterior material,s, recreational amenities, and landscape buffering, be repealed and that such property be rezoned from MX, Mixed Use District, to MXPUD, Mixed Use Planned Unit Development District; that properties bearing Official Tax Nos. 5470207, 5470301 through 5470308, inclusive, located on Griffin Road, S.W., be rezoned from R-7, Residential Single Family District, to MXPUD, Mixed Use Planned Unit Development District; that the portion of Granger Road, S.w., right-of-way containing 0.293 acres, which is the subject of a petition to close and vacate such right-of-way, be rezoned from R-7, Residential Single Family District, to MXPUD, Mixed Use Planned Unit Development District; and that a portion of property bearing Official Tax No. 5470130, on Pheasant Ridge Road, S.W., be rezoned from MX, Mixed Use District, to MXPUD, Mixed Use Planned Unit Development District, for the purpose of completing the mixture of living unit options in the Pheasant Ridge community and allowing residential uses and related amenities and uses. A copy of the petition is available for review in the Department of Planning Building and Economic 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_matteLJLyou_a(ea_pe(s.on Wi1h;'l_gis,'1-_bili!yYYb~_ needs accommodations for this hearing, please contact the Department of Planning Building and Economic Development at 853-1730 before 12:00 noon on the Tuesday before the date of the hearing listed above. Martha P, Franklin, Secretary City Planning Commission ---------------------------------------------------------------------------------------------------.--- Please print in newspaper on Tuesday, July 4 and 11, 2006 Please bill: James R. Smith Pheasant Ridge Condominiums II, LL 4415 Pheasant Ridge Road, SW., #301 Roanoke, VA 24014 (540) 772-5090 Please send affidavit of publication to: Martha P. Franklin Department of Planning Building & Economic Development, Room 166, Municipal Building, 215 Church Avenue, SW. Roanoke, VA 24011 (540) 853-1730 ~ .,~~:-::-..~ CITY OF ROANOKE OFFICE OF THE ClT'{ CLERK .<;;3 ~~;\ , -'I.ml~~' .',". l~ ~t' ;!~~' :."~.:r' ~ I ~I Churdl :\n'J!lIC S.\\".. 1\.1111111 "'\:'(1 }{Cla!1,,~e. \'lr;':JIli,~ .:'...j.( l\ i - J :,3i, '" "p 1-_' ' ~ -,- ~ ~ '--:.:,::,:,:,,:":'--" I ;,.... ~...; " ~ ~ . - : . .:,: STLI'H.\:'\II': \1. 'JOO~. C\1C \I.\H.Y I. Il:\J{hUt. ("'\1(' L" - . .,111 . k Ii", , :.1' ','1.. ,I.~ \ ;I.l'~ {. i: '. I ~~. Ii' r~\ Plil~' Cll~ Ckr~. July 20, 2006 File #51 !-lIIUL,\ ,. HART\1A;\ .-1,..":'1.:11; ("il~ CkrJ... Richard A. Rife, Chair City Planning Commission 1326 Grandin Road, S. W. Roanoke, Virginia 24015 Dear Mr. Rife: Pursuant to Section 36.2-540(c)(4) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a Third Amended Petition to Rezone received in the City Clerk's Office on July 20, 2006, from James R. Smith, in connection with the rezoning a'nd repeal of certain proffers on tracts of land owned by Pheasant Ridge Condominiums II, LL, Pheasant Ridge Real Estate Holdings, LLC, Pheasant Ridge Office Building, LLC, Dalton Place, LLC, A & J Holdings,lnc., Integra Investments, LLC, and Van Winkle, LLC, as more fully described in the attached Third Amended Petition to Rezone. Il:':' 9. fJ~ Mary F. Parker, CMC City Clerk MFP:ew Enclosures I . , ; : ~ r, "I.~ 1 .', I' r i: \\.. ,,: ;'. 1~~J'.I~ ~'I . ~ 11-.].1.'1 (". j",~ I 'j.,:: hr:-." -'I' ~ I""': ':'h'" ;.-. 1'1 n';,'1I f.' I:;' \ 1...;-.,: I:".:;; .' :,1'" !,.~,.: l'r::: ,.'r. ,.,,( Richard A. Rife July 20, 2006 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council Hunter D. Smith, Vice Manager, Pheasant" Ridge Real Estate Holdings, LLC, 4415 Pheasant Ridge Road, S. W., Suite 301, Roanoke, Virginia 24014 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 Ian D. Shaw, Senior Planner l. ;". i~." l:.....J... \"Ki \\": ~:I."\I:.I""'; ;,~.:'! ~1 f.:1 r:, ;.\'~l ".: :"c;"' ;,;: .~~ ~!1" :\1:(": ..,. "I <;,':," 1':'''':11 . .:...11 \,-:". ,,''''I.,!'''; :.n:, :. oj", THIRD AMENDED PETITION TO REZONE IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Repeal of Proffered Conditions and rezonc Lot2A, containing 5.93 acres of Pheasant Ridge Condominiums II, LL, Tax ~ap #5460124 from MX(e), Mixcd Use District, Conditional to ~XPUD, Mixed Use Planned Unit Developmcnt District. Rezone Properties of Dalton Placc, LLC, Map # 5470207 (0.4174 ac), #5470302 (0.6611 ac), #5470303 (0.7153 ae), #5470304 (0.6330 ae), #5470305 (0.6722 ae), 115470308 (0.4603 ae); A & J Holdings, Inc., Tax Map #5470301 (0.7339 ac); Intcgra Investments, LLC, Tax Map 115470307 (0.4595 ac); and Dalton Place, LLC and Van Winkle, LLC #5470306 (0.4169 ae); and with a total aereagc of 5.1696 acres from R-7, Residential Single-Family District to MXPUD, Mixed Use Planned Unit Developmcnt. Combine portion of Grangcr Road right-of-way 'containing 0.293 acres with Dalton Place LLC, Map #5470207 bearing proposed zoning of MXPUD, Mixed Use Planned Unit Dcvelopment District. Portion of Pheasant Ridge Road, Tax Map #5470130, containing 0.108 acres, owned by Pheas.mt Ridge Oftiee Bnildings, LLC, zoncd from ~X to MXI'UD. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: By Ordinance No. 24898-120379, at tbe request of Roanoke Health Carc Center, City Council rezoned thc property identified as Tax Map 1\0. 546010 1 C-l, with proffcrcd conditions. By Ordinance No. 32815-020596, at the rcqucst of Roanoke llealth Care Center, City Council amended thc previous proffcrcd conditions. By Ordinance No. 36883-101804, at the reqnest of Pheasant Ridge Condominiums 11, LL, City Council amendcd the previons proffcrcd conditions for property identificd as Lot 2, containing 11.9 acres, Tax Map numbcr 5460124. The Pctitioner, Phcasant Ridge Condominiums 11, LL, owns Tax Map Number 5460124 in the City of Roanoke and requests thaI thc conditions relating to said property be amended as hereinafter set out. Tax Map Numbcr 5460124 is a subdividcd lot created from parcnt tract 5460101 on July, 16 1996. Tax Map Number 5460124 was thcn subdivided on December 16,2005 by Pcrmit Number SU-50076 into 2 lots: Lot2A, containing 5.93 acrcs, Tax Map Number 5460124 and Lot 28, containing 5.97 acres, Tax Map Number 5460165. Thc Petitioner hereby requests that thc following proffers enacted by Ordinance 36883-101804 he repcaled as they pertain to Tax Map No. 5460124; I. That the property will be dcvelopcd in substantial eonfomlity with the conceptual sitc plan prepared by Lumsden Associates, PC, dated July 19, 2006, a copy of which is attached to thc Pctition for Amendment as Exhibit "A". 2. That the propcrty shall be used only for the following uses; a. Permittcd Uses: I. Gcncral, medical and professional offices. b. Special Exception Uses; 1. Group earc facilities subjcct to the requirements of section 36. 1- 560 et seq. 2. Multifamily dwellings, so long as a spceial exccption is granted. 3. Medical Clinic. 3. That a wooded buffer area contiguous with the northem property lines will be maintained as a wood cd arca for a width of at least fifty (50) fect as depicted on Exhibit "An. 4. That all proposed structures shown on Exhibit "A" will be constructed of natural cxtcrior building materials such as stonc, brick, decorative block, stucco, and wood. This shall not prcelude thc use of othcr building construction materials when used as a particular component of the building system such as glasscd atriums, skylights, cntry canopies, standing-seam metal roofs, or othcr structural or mechanical systems incidental to thc building use. Mctal buildings, mobile or manufactured buildings, with thc cxecption of temporary structures used as contractor's officcs during constmetion, or other structures ineonsistcnt with the above described selcction of matcrials shall not be used in this developmcnt. 5. Rccreational amenities consisting ofintcmal walkways shall bc improvcd surfaces and integrated with cxisting walkways on adjacent parcels and as dcpictcd on Exhibit "An. 2 6. A detailed landseapc plan, ineluding streetseape design, walking trail location and landscaping, and sidewalk location and landscaping along the private street will bc prcpared by a professional landscape architect and approved by the City. 7. The proposed strect serving this dcvelopment shall be private; for strcet section scc Exhibit "C". Street trees shall be planted at a minimum of 50' on center, except where parking lot entrances or drivcways intersect the street. Sidcwalks shall provide pedestrian access to surface parking spaccs and shall otherwise meander through strect landscape areas. Thc Pctitioner, Dalton Place, LLC, owns property in the City of Roanoke on Granger Road, identified as Tax Map # 5470207 (0.4174 ac), and on Griffin Road, identified as Tax Map 1/5470302 (0.6611 ae), #5470303 (0.7153 ae), #5470304 (0.6330 ae), and #5470305 (0.6722 ac), and on Van Winklc Road identified as Tax Map 115470308 (0.4603 ae); A &.1 Holdings, Inc., owns propcrty on Griffin Road, identified as Tax Map #5470301 (0.7339 ac); lntcgra Investments, LLC. owns propcny on Van Winkle Road, identificd as Tax Map #5470307 (0.4595 ac); and Dalton Place, LLC and Van Winkle, LLC own property on Van Winkle Road, identified as #5470306 (0.4169 ae). All properties, totaling 5.1696 aercs, arc contiguous and the petitioners request that current zoning of R-7, Rcsidential Single- Family District be changed to MXPUD, Mixed Use Planned Unit Developmcnt. Vacation of the Granger Road right-of-way results in 0.293 acres to bc combined with Dalton Place. LLC. Tax Map #5470207, and thc petitioncr requests that this area bc rczoncd from R-7, Residential Single-Family District to MXPUD, Mixcd Use Planned Unit Development District. A new zoning line is required at thc cuI-dc-sac on Pheasant Ridgc Road and the petitioner, Pheasant Ridgc Office Buildings, LLC, Tax Map #5470130, requests that the 0.108 acres be rezoned from MX, Mixed Use District to MXPUD, Mixed Use Planned Unit Developmcnt. Pursuant to Section 36.2-540, Code of the City of Roanokc (1979), as amendcd, the 3 Petitiollcr requests that thc said propcrties totaling 5.1696 acres be rczoncd from R-7 Residential Singlc Family District to MXPUD Mixed Use Planllcd Unit Developmcnt District; the Granger Road right-of-way totaling 0.293 acres be zoned MXPUD Mixed Use Plallned Unit Dcvelopment and thc 0.108 acre ponion of Tax No. 5470130 be rezoned from MX, Mixed Use District to MXPUO, Mixed Use Planned Unit Development for the purpose of completing thc mixture or living unit options in thc Pheasant Ridge community. The Pctitioner believcs thc proposed rezoning and repeal of proffers on thc said tracts or land will funher the intent and purposes of the City's Zoning Ordinance and its comprchensive plan, in that it will provide higher dcnsity, markct ratc housing ncar a local commcrcial centcr. Attached as Exhibit "0" arc the names, addrcsscs and tax numbers of the owner or owners of all lots or property immediately adjacent to and immediately across a street or road from thc subject properties. WHEREFORE, the Petitioner requests that the ahove-described amended proffers and rezoning rcquests be approvcd as hcrcin sct out in accordance with the provisions of thc Zoning Ordinance of the City of Roanoke. 4 Rcspcetfully submitted this '1 day of ,,", " Respectfully submittcd, By: James R. Smith;l~ncr of all other Properties Pheasant Ridge Condominiums II, LL Pheasant Ridge Real Estate Holdings, LLC Pheasant Ridge Office Building, LLC Dalton Place, LLC A & .I Holdings, Inc. I ntegra Investments, LLC Van Winkle, LLC 44]5 Pheasant Ridge Road SW, #301 Roanokc, Virginia 24014 540/772-5090 Contact; Hunter Smith h smitl,l@intellralle.com 2006. 5 ~ 1)0-1 ......:'111' .I.,....."~ &'4'OJ,[ ,.ftl ,,~ "'...I......n",...,I:U.....'lI~...... yl....;r~I}/I,\.:l:i(I"'hlH ~-- ~;n\~~.'vl.j ~1l~),~3.''.~HI'' :-:~rn~l~).~] _.". i:: ~ :J d S~.I.\ I.)OS"SV NJaSI~n1 ,-, 00".' ....J.>-.\JNlI"."t-!..'W.....'1 ~....rl..IOKI:." 11., ...: <<:.~, IOIV... -<l: ~ - CQ - II: X >oJ --- ~.. ~'~i'..,;---'- "-.- .' ..~ . 0' 1'1(" : lmmm illll il 1'1"'1'11 lll" !. I !!!!! I i!i:l,,1I i I,ll ! nnmm1iw:vl!;;!! I li!'v! Ii" i vl'I'1 ,"" I I:'!!iilli!id"'if",.t II IMilillll,!"I,1 i :!: l,!l j:i 1:1 . i !lll liill!l~l!ih ~1;1:~l'.i.! z :g lillilll!' I II . "!: !1!HII,'i:1 ,llljlilln!1 -< 1i 11:':,!i ,I :: Il'!!!~:" l'illl"leil'l .il!!;~llitl";i ~ ~ ~ I I:P,!i'j'! I'll! i! !':i ',' ell I!! l'li:l!l:;' I:!llii;b!!!:;: ~ ~ i;:;'! · '" , " ,. · il ,. 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W --< f--J , 0... <(~ -0:::: Uo 0>--< (/)w- ,,--,>7. ~Lo::::- -<=>0 0:::: '""7""'n_ ~c.h> W~ .. ....---~w '--Iw~ (/)wO .."...,2._ ~ ___.roO :....:J 0 --< o:.-e:O ---'.l...LJ 0:::: 6Mp'UOlloeS-p80J-OpUOOJd-gO'ts;o\6ue\90tSO\900Z\s(lUI''l\8JP\:M EXlIIBlT D -- NEIGHBORS 5470116 NEW PLAN REALTY TRUST PO BOX 4800 SCOTTSDALE, AZ 85261-4900 547030t A&. J HOLDlMiS, INe. 4415 PHEASAI\T RIDGE ROAD, #303 ROA1'iOKE VA 24014 5470310 EDWARDS ROY C OR EI.IZABETlI XI EDWARDS 4431 VAN WIKKLE llil SW ROAKOKE VA 24014 5470206 PAtGE PAUL ANDREW & JOV fA VI' 4323 GRlfFlK RD SW ROA"!OKE VA 24014 5470309 EDWARDS TERRV LEO 4437 VAK WINKLE RD SW ROANOKE VA 24014 5470207 DALTOI\ I'LACE LLC 4415 I'IIEASANT RIDGE RD ROAI\OKE VA 240t4 5470308 DAl.TON PLACE LLC 4415 PHEASANT RIDGE RD ROANOKE VA 24014 54704t4 UNDERWOOD MELISSA DELANE l' 0 BOX 21153 ROANOKE VA 24018 5470307 IKTEGRA II\VESTMENTS LLC 44t5 PHEASANT RIDGE RD ROAI\OKE VA 240t4 5470413 GRlfftN ROAD, I.LC 4415 PHEASANT RIDGE ROAD, 300-303 ROAI\OKE. VA 24014 5470306 DALTON PLACE I.LC V A N WJI\KLE LLC 4415 PHEASANT RIDGE RD ROANOKE VA 240t4 5470412 DNAL 1I0LDt"!GS 1. LLC 4415 PHEASANT RIDGE ROAD, 303 ROANOKE, VA 24014 5470305 DAL TO"!I'LACE LLC 44t5 PHEASANT RIDGE RD ROANOKE VA 24014 54704tt DI\AL HOLDlKGS I LLC 4415 PIIEASA"!T RlDGE RD303 ROA"!OKE V A 24014 5470304 DALTON PLACE I.I.C 4415 PHEASANT RIDGE RD ROAMlKE VA 24014 5470410 CLA YTOR HEKRY J JR & CAROLYN D 4350 GRiffIN RLl SW ROANOKE VA 240t4 547030.1 DAL TOK PLACE LLC 44t5 PHEASAKT RIDGE RD ROA~OKE VA 240t4 5470409 TRS fiRST HAI'T1ST CHURCH JEFFERSON ST & GI L:>'1ER AVE KE ROANOKE VA 240t6 5470302 DALTO"! PI.ACE LLC 44t5 PHEASAKT RIDGE RD ROA?\IOKE VA 24014 5470408 WEBB RICHARD B JR 4372 GRIFFI],; RD SW ROANOKE VA 24014 5460t23 HCP VIRGtNIA INC 3760 KILROY AIRPORT WAY STE 300 LOI\G BEACH CA 90806 9 5470712 DUNBAR JOITl\1\Y :-1 4404 V AI\ WI:-.IKLE lill SW ROANOKE VA 24014 5470713 MUSE RUBY MARtE 4422 VAN WII\KLE RD SW ROANOKE VA 24()14 5450t02 mCKERSON ELIZABETH ORA 4446 VAN WIl'KLE RD SW ROAI\OKE VA 24014 5450125 PHEASAI\T RIDGE CONDOMINlt:\1S t.l,C 4438 PHEASANT RIDGE RD SW #108 ROANOKE VA 24014 5460164 PHEASANT RIDGE WELDIESS CEI\TER LL 4415 PHEASANT RIDGE RD# 1 05 ROAI\OKE VA 24014 5460130 PHEASANT RIDGE ASSISTED LIVING 4435 PHEASANT RiDGE RD SW ROANOKE VA 24014 5470129 PHEASANT RIDGE OFFICE 4415 PHEASANT RIDGE RD SU 300-303 ROANOKE VA 240t8 10 , ~, ./:.'~~,~~;~. /"".,.J"" , .c..\ <~.':l"" . .n;~\ \ . 6' ,w.' \'~"'>~: '.:> ... ......./,._...\1: . ..:-:...~~ CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, VIrginia 24011-1536 Telephone: (540) 853-2541 Fu.x.: i~40J 85.3-1145 [-milll: dcrk(~ Ci.fllilTloke.\"<l.us. STEPHANIE M. MOOl'i, CMC Depu\} Cit)' Clerk :'\1ARY F. I'ARKI::R. CMC City ('Jerk June 19, 2006 File #51 SHEILA ... BARBIAN Assistant City Clerk Richard A. Rife, Chair City Planning Commission 1326 Grandin Road, S. W. Roanoke, Virginia 24015 Dear Mr. Rife: Pursuant to Section 36.2-540(c)(4) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a Second Amended Petition to Rezone received in the City Clerk's Office on June 19, 2006, from James R. Smith, Sole Owner, requesting the repeal of proffered conditions pertaining to Lot 2A, containing 5.93 acres of Pheasant Ridge Condominiums II, LL, identified as Official Tax No. 5460124, and to rezone the property from MX(c), Mixed Use District, Conditional, to MXPUD, Mixed Use Planned Unit Development District; to rezone properties of Dalton Place, LLC, Official Tax Nos. 5470207 (0.4174 acre), 5470302 (0.6611 acre), 5470303 (0,7153 acre), 5470304 (0,6330 acre), 5470305 (0.6722 acre); to rezone properties of A & J Holdings, Inc., Official Tax No. 5470301 (0.7339 acre); property of Integra Investments, LLC, Official Tax No. 5470307 (0.4595 acre); property of Dalton Place, LLC and Van Winkle, LLC, Official Tax No. 5470306 (0.4169 acre); property of Cecil Eugene Edwards, Official Tax No, 5470308 (0.4603 acre), with a total acreage of 5.1696 acres, from R-7, Residential Single-Family District to MXPUD, Mixed Use Planned Unit Development District; to combine a portion of Granger Road right-of-way containing 0.293 acre with Dalton Place LLC, Official Tax No. 5470207 bearing proposed zoning of MXPUD, Mixed Use Planned Unit Development District; and a portion of Pheasant Ridge Road, Official Tax No, 5470130, containing 0.108 acre, owned by Pheasant Ridge Office Buildings, LLC, be rezoned from MX, Mixed Use District, to MXPUD, Mixed Use Planned Unit Development District. 7\'~lL Mary F. Parker, CMC City Clerk MFP:ew Enclosures , 'WI FRK\nATA\CKEW1\RF.lO!llING Al\D SIRI:!.;"!" ClOSIJRE\Rezoni!1gs - Slre'Ct Alley 06\PhCllSanl Ridge Land InvcSl ~ 1IrtIl:ndc-d peritinn.dnc Richard A. Rife June 19, 2006 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council , The Honorable Gwendolyn W. Mason, Council Member- Elect, 3841 Bosworth Drive, S. W" Roanoke, Virginia 24014 The Honorable David B. Trinkle, Council Member- Elect, 2855 S, Jefferson Street, Roanoke, Virginia 24014 Mr. Cecil E. Edwards, 4437 Van Winkle Road, S. W., Roanoke, Virginia 24014 Hunter D. Smith, Vice Manager, Pheasant Ridge Real Estate Holdings, LLC, 4415 Pheasant Ridge Road, S. W" 5uite 301, Roanoke, Virginia 24014 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 Ian D. Shaw, Senior Planner UCLERK\DA T ^TKf:Wl\RF.lO~G AND STREET CLOSURE\Ruonings . Street Alley ,)6",Phea'iaJll Ridge LaruJ In~'Cst 2 amended pernion doc ". . .....1 SECO:\D AMENDED PETITION TO REZO:\E IN THE COC1\CIL OF THE CITY OF ROANOKE, VIRGI1\IA 11\ RE: Repeal of Proffercd Conditions and rczonc Lot 2A, containing 5.93 acres of Pheasant Ridgc Condominiums II, LL, Tax Map 115460124 from MX(c), Mixed Use District, Conditional to MXPUD, ;..,1ixcd Csc Planncd Unit Dcvelopmcnt District. Rczonc Properties of Dalton Placc, LLC, Map # 5470207 (0.4174 ac), #5470302 (0.6611 ac), #5470303 (0.7153 ac), t!5470304 (0.6330 ac), #5470305 (lHi722 ae); A & J Holdings, Inc.. Tax Map #5470301 (0.7339 ae); Intcgra Investments, LLC, Tax Map #5470307 (0.4595 ae); Dalton Place, LLC and Van Winkle, LLC #5470306 (0.4169 ae); and Cecil Eugene Edwards, #5470308 (0.4603 ae) with a total acreage of 5.1696 acres Irom R-7, Residential Single-Family District to MXPUD, Mixed Use Planned Lnit Developmcnt. Combinc portion of Grangcr Road right-ol~\\'ay containing 0.293 acres with Dalton Place LLC, Map #5470207 bearing proposed zoning of MXPUD, Mixed l;sc Planned Unit Development District. Portion of Pheasant Ridge Road, Tax Map #5470130, containing 0.108 acres, owncd by Pheasant Ridge Officc Buildings, LLC, zoned from MX to MXPUD. TO TilE HONORABLE l'vIA YOR AND MEMBERS OF THE COlJl\ClL or TilE CITY OF ROANOKE: By Ordinance No. 24898-120379, at the rcquest of Roanokc Hcalth Carc Centcr, City Council rczoncd thc property identified as Tax Map No. 5460 I 0 1 C-l, with proffcrcd conditions. By Ordinance :-.10. 32815-020596, at the request of Roanoke Hcalth Care Center, City Council amcnded the previous proffered conditions. By Ordinancc No. 36883-101804, at the request of Phcasant Ridge Condominiums II, LL, City Council amcnded the previous proffered conditions lor property identified as Lot), containing 11.9 acrcs, Tax Map numbcr 54(iO 124. The Petitioner, Pheasant Ridge Condominiums II, LL. owns Tax Map No. 5460124 in the City of Roanokc and requests that thc conditions relating to said propcrty bc amcnded as hcrcinafter sct out. Tax Map Numbcr 5460124 is a subdivided lot crcatcd from parent tract 5460101 on July, 16 1996. Tax ylap Number 5460124 was then subdivided on December 16,2005 by Permit ~umber SU-50076 into 2 lots; Lot 2A, containing 5.93 acres, Tax Map Number 5460124 and Lot 28, containing 5.97 acres, Tax Map I\umbcr 5460165 The Pctitioncr hcreby requcsts that the following proffers enacted by Ordinance 36883-101804 be repealed as they penain to Tax Map No. 5460124: I. That the property will he developed in substantial conformity with the conceptual site plan preparcd by Joncs & Jones Associatcs, Architects PC, dated Junc 14, 2U06, a copy of which is attached to the Petition lor Amcndmcnt as Exhibit "A". ., That the propcrty shall be used only Il)r thc lollowing uses: a. Pcrmitted Uscs: I. General, medical and profcssional omces. b. Special Exception Uses: 1. Group care facilities subjcet to the requirements of section 36.1- 560 e1 seq. 2. Multifamily dwellings, so long as a special exception is granted. 3. Medical Clinic. ~. That a wood cd butl'er arca contiguous with the northern propcrty lincs will be maintained as a wooded area for a width of at least fifty (50) feet as depicted on Exhihit "A". 4. That all proposed structures shown on Exhibit "A" will be constructed of natural exterior building materials such as stonc, brick, decorative block. stucco, and wood. This shall not precludc thc use of other building construction materials when used as a particular componcnt of the building system such as glassed atriums, skylights, entry canopies, standing-scam metal rools, or other structural or mechanical systcms incidental to the building usc. Mctal buildings, mobile or manufacturcd buildings, with the exception of l<:lllporary strueturcs used as contractor's offices during constmction, or other structures inconsistcnt with the above dcseribed selection of matcrials shall not be used in this development. 2 5. Rcereational amcnitics consisting ofintemal walkways shall be improved surfaces and integratcd with existing walkways on adjacent parcels and as depicted on Exhibit "A". 6. Landscaping shall he installed and maintained on the north slope near tho:: Independent Living Facility in substantial conformity with the conceptual Landscaping plan attached as "Exhibit "C". The Petitioner, Dalton Placc, LLC, owns propcny in thc City of Roanoke on Grangcr Road, identified as Tax Map !15470107 (0.4174 ac), and on Griffin Road, identilio::d as Tax Map ii 5470301 (0.661 lac), #5470303 (0.7153 ae), ii5470304 (0.6330 ae), and #5470305 (0.6722 ac); Cecil Eugene Edwards owns propcrty on Van Winkle Road idcntificd as Tax Map #5470308 (0.4603 ae) {note; property is currently under contract to sell to Dalton Place, LLC}; A & J Holdings, Inc., owns property on Griffin Road, identi lied as Tax Map 115470301 (0.7339 ac); IntO::b'l'a Investmcnts, LLC, owns propcrly on Van Winkle Road, identilied as Tax Map #5470307 (0.4595 ae); and Dalton Place, L1.C and Van Winkle, LLC own property on Van Winkle Road, identificd as #5470306 (0.4169 ae). All properties, totaling 5.1696 acres, arc contiguous (shown on tax map Exhibit H) and thc petitioners rcqucst that eurrcnt zoning ofR-7, Rcsidential Single- Family District be changed to MXPUD, Mixed Usc Planned Unit Development. Vacation of the Granger Road right-of- way rcsults in 0.293 acres to be combined with Dalton Place, LLC, Tax Map #5470107, and the petitioncr requcsts that this arca bc rczoned from R-7, Residential Singlc-Family District to MXPUD, \>Iixed Uso:: Planned Unit Developmenl District. A new zoning line is reljuired at the eul-dc-sae on Pheasant Ridgc Road and the pctitioner, Pheasant Ridge Ol'liee Buildings, LLC, Tax Map #5470130, requests that the 0.108 acres bc rezoned from ~X, Mixed use District to MXPlJD, Mixed Usc Planned Unit Development. 3 Pursuant to Section 36.2-540, Code of the City of Roanoke (1979), as amended, the Petitioner rcquests that the said propertics totaling 5. I 696 acres be rezoned fi-om R-7 Rcsidcntial Single Family District to MXI'UD Mixed Use Planncd Unit Dcvelopment District; the Granger Road right-of-way totaling 0.293 acres bc zoncd MXPUD Mixcd Use Planned Unit Development and the 0.108 acre portion of Tax No. 5470130 be rczoned from MX, Mixed use District to MXPUD, Mixed Use Planned Unit Dcvelopment for the purposc of completing the mixture of living unit options inthc Phcasant Ridge community. The Petitioncr believcs thc proposed rezoning and repcal of proffers on the said tracts of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will provide highcr dcnsity, market rate housing near a local commercial center. Attaehcd as Exhibit "C" arc the names, addresses and tax numbcrs of the owner or owncrs of all lots or property immediately adjacent to and immediately across a strect or road from the subject propenics. WHEREFORE, thc Petitioner rcquests that thc abovc-deseribed amended proffcrs and rezoning requests be approved as herein set out in accordance with the provisions ofthc Zoning Ordinance of the City of Roanoke. 4 "FROT1 Bu tch Ed"ards FAX HO. : 8046394149 I)U!6i20Q6 Ftt lC;:~ ~i\x. :)H772C~5 IN!!:3RJ.. ':~V::STME:l~:'S ]'m. 16 212106 [12: 44PM P1 Ilic C ~.' C C : Respectfully submitted this It .::ru It) e. dayof_'__<iL_!. . 2006. RespectiiJIJ,Y suhmi!tcd, By: (112~;"D. c C! d j&-r&~ Cecil Eugene Edwards, owner of#5470308 (1'101"" [1 currently .nlier conlnlL'llo ..Illo D!l!lor, PI""" I.LC) By: 010 Ol',ncr of all other Prop~rtics Cecil Eugene Edwards 4437 Van Winkle Road, SW Roanoke, VA 24014 and Phe,a.anl Ridge Condominiwns n, LL Pheasant Ridge Real Estate Holdings, LLC Pheasant Ridge Office Building, LLC Dalton Place, LLC A & J Holdings, Inc. Integra Investments, LLC Van Winkle, LLC 4415 Pheasant Ridge Road SW, #301 Roanoke, Virginia 24014 540/772-5090 Contact: Hunter Smith IlSmith :@integrallc.col!l 5 --- ----<~ C> ~ 8 z 0 z f;;lii fri jh:f~"ll ,_ --l :=~~ "ll " c r- Z )> '" z .. llllljl!li;ll imllli I!j ~: ii ili ~Ii I mm!lillli i~li! "ill ~I !;li:ili il! !~ II ':1 Ii! I I!I'I ii:llll, II .1 ! 1~11;!ili in ~~ I! ~I; 'I' :'!I! 1:1!!li,; ;I,li I' .!I!~ ell;' ii 911 i' , i l ':Il'1 ~ li l . In!I' 'I. " b ~l! 3 'I', '. ~ 'Ii ,I '(Iii' ". .1 e' .~. "i "I,I'Elil! Uilhdlll~ i,I,IU ill ~! a: II! ~I h_ ;I!i'M ,!ldi~fl;' di!ii: II Ii ! '!I I:! "II ~i: ~ , I,' I ul. ll,' II ~ , J,...14,::'!)'l6 ~f3--W:8 LUf\:fSDI::I\ ASSOCL\TES. PL ~ ~: Of. E\(.I\UJ{,~''; :-;URVI.YljRS PUNM".H:-: ~.~: .:l. ~.-: ", ': P'(l\~/)~,I'. VIHI;JNL\ .,,,.~ ~P'MR\[1(Jr.. \\1.... €. ~w I', '. n< ,. ~.....,.~ ~d'" _If. ,IP<.IN:A ~.l.-1M !!t!t!!~~ ;....". -~ '-, I; a . ~ ~ . ',0 ~ . - . o'i . . -:...... E I I I i I ~ /:,:) ! II .\ ------ rll,"lr ...~; :.....;1 <.\. ",...,,:"2 ~..s ; "''''L. ~~\IL(.'I:"\"""r.J":II"" m x :I: to =t to EXHIBIT C -- NEIGHBORS 547030 I A & J HOLDIN(iS, INC'. 44 15 I'IIEASANT RIDGE ROAD, #303 ROANOKE VA 24014 5470116 NEW PLA:\ REALTY TRUST PO BOX 4800 SCO"lTSDAl.E, AZ 8526t-4<J00 5470206 I'AtGE PAUL Al\DREW & JOY FA YI:: 4323 GRlFFI:-: RD SW ROANOKI.: VA 240t4 5471l3tll EDWARDS ROY C OR ELIZABETH M EDWARDS 4437 VAN WtNKl.E IUJ SW ROAl\OKE VA 24014 5470207 DALTON Pl.ACE LLC 44 15 I'll FASANT RIDGE RD ROANOKE V A 24014 547030<) EDWARDS TERRY LEO 4437 VAN WINKLE RD SW ROANOKE VA 24014 5470414 UNDERWOOD MELISSA DELAl\E 1'0 BOX 21153 ROANOKE VA 24018 5470308 EDW ARDS CECIL EUGENE 4437 VAl\ WINKLE RD SW ROANOKE VA 240t4 5470413 GRIFFt)l ROAD, LLC 44t5 PHEASANT Rl!)GE ROAD, 300-303 ROAJ\OKE, VA 24014 5470307 tNTEGRA INVESTMENTS Ll.C 4415 PHEASANT IUDGE RIJ ROANOKE V A 24014 5470306 MOLCMI'HY JOIIJ\ T III ETALS 813 FRANKLIN ROAD SW, scrrE 103 ROANOKE, VA 24016 5470412 DNAI. HOLDINGS I. LLC 4415 PHEASANT RIDGE ROAD. 303 ROA:'>iOKE, VA24014 5470.105 DALTON PLACE l.l.C 4415 PHEASANT Rl!)GE RD ROANOKE VA 24014 5470411 DNAl. HOl.DINGS tl.LC 44t5 PHEASANT RIDGE RD303 ROAJ\OKE VA 24014 5470304 DALTON I'l.ACE LLC 44t5 PHEASANT RIDGE RD ROA?\'OKE VA 24014 5470410 CI.A YTOR HEJ\RY J JR & CAROl YN D 4350 GRIFF!?\' RD SW ROANOKE VA 24014 5470303 DALTOl'\ PLACE LLC 4415 PHEASANT RIDGE RD ROANOKE VA 240t4 5470409 TRS FIRST BAPTIST CHURCH JEFI'ERSON ST & GtLMER AVE NE ROANOKE VA 24016 5470302 DALTON PLACE LLC 44t5 PHEASANT RIDGE RD ROANOKE VA 24014 5470408 WEBB RICHARD B JR 4372 GRIFFIN RD SW ROANOKE VA 24014 5460t23 HCP VIRGIl'\IA INC 3760 KILROY AIRPORT WAY STE 300 LONG BEACH CA 90806 8 . . 54707t2 DUNBAR JOHN~Y M 4404 V AN WINKLE RD SW ROANOKE VA 240t4 5470713 MUSE RUBY MAR[E 4422 V AN WINKLE RD SW ROANOKE V A 24014 5450[02 DICKERSON ELIZABETH ORA 4446 VAN W[NKLE RD SW ROANOKE VA 24014 5450t25 PHEASANT RJ[)GE CONDOMINIUMS I.I.C' 4438 PHEASA!\T RlDGE RD SW #108 ROANOKE V A 24014 5460[64 PHEASANT RJ[)GE WELLNESS CENTER 1.I. 4415 PlIEASA"JT RIDGE RD#t05 ROANOKE VA 24014 5460130 PHEASANT RJ[)GE ASSISTED LIVIl\G 4435 PHEASANT RJ[)GE RD SW ROANOKE VA 24014 5470t29 PHEASANT IUDGE OFFICE 44t51'IIEASANT RIDGE RD SU 300-303 ROANOKE VA 240lS 9 /~~~ .-L.'" A .,,/'~ /..,-,."-;,.,,,,~. i _"! ". .~ (','l'1 i \,~., ....--j .<",~,-;, ....-.....:.,...... ....... J'':''':''~ CITY OF ROANOKE OFFICE OF THE CITY CLERK 2 ] 5 Church Avenue, S. W.. Room 456 ROODoke. Vrrginia2401l-1536 Tclt'phonc: (540) !:l53-.::!54! h,;.: (540, 85~-1145 E-J11;lil: (.:krk(~"ci.rll:lIlokc.\'a.us STEPHAI<U: '1. MOOS, CMe D,,'puIY Ci,y C1e.rk MARY F. PARKER, eMe City Clerk June 16, 2006 File #51 SHEILA r<. HARUIA"! AS;"lislanl City Clerk Richard A. Rife, Chair City Planning Commission 1326 Grandin Road, S. W. Roanoke, Virginia 24015 Dear Mr. Rife: Pursuant to Section 36,2-540(c)(4) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of an Amended Petition to Rezone received in the City Clerk's Office on June 14, 2006, from James R, Smith, Sole Owner, requesting the repeal of proffered conditions pertaining to Lot 2A, containing 5.93 acres of Pheasant Ridge Condominiums II, LL, identified as Official Tax No, 5460124, and to rezone the property from MX(c), Mixed Use District, Conditional, to MXPUD, Mixed Use Planned Unit Development District; to rezone properties of Dalton Place, LLC, Official Tax Nos. 5470207 (0.4174 acre), 5470302 (0.6611 acre), 5470303 (0.7153 acre), 5470304 (0.6330 acre), 5470305 (0.6722 acre) 5470306 (0,2779 acre); 5470308 (0.4603 acre); to rezone properties of A & J Holdings, Inc., Official Tax No. 5470301 (0.7339 acre); property of Integra Investments, LLC, Official Tax No. 5470307 (0.4595 acre); and property of Van Winkle, LLC, Official Tax No, 5470306 (0.1390 acre), containing a total acreage of 5.1696 acres, from R-7, Residential Single-Family District, to MXPUD, Mixed Use Planned Unit Development District; to combine a portion of Granger Road right-of-way containing 0.293 acre with Dalton Place LLC, Official Tax No. 5470207, bearing proposed zoning of MXPUD, Mixed Use Planned Unit Development District; and a portion of Pheasant Ridge Road, Official Tax No. 5470130, containing 0.108 acre, 'Owned by Pheasant Ridge Office Buildings, LLC, be rezoned from MX, Mixed Use District, to MXPUD, Mixed Use Planned Unit Development District. ?\~ 1, L Mary F. Parker, CMC City Clerk MFP:ew Enclosures I. \CLERK\l)A TA\CKEW l\Rr.zO~I:-.lG AND STR.l:ET CLOSt..;RI:~.RCZ(IniIlll5 - Street Alley 06\Pheasant Ridgi: Land Invest amended peril ion rezonmg.doc Richard A. Rife June 16, 2006 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council The Honorable Gwendolyn W, Mason, Council Member- Elect, 3841 Bosworth Drive, S. W., Roanoke, Virginia 24014 The Hon'orable David B. Trinkle, Council Member- Elect, 2855 S. Jefferson Street, Roanoke, Virginia 24014 Mr. Cecil E, Edwards, 4437 Van Winkle Road, S. W., Roanoke, Virginia 24014 Hunter D. Smith, Vice Manager, Pheasant Ridge Real Estate Holdings, LLC, 4415 Pheasant Ridge Road, S. W., Suite 301, Roanoke, Virginia 24014 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 Ian D. Shaw, Senior Planner L"\CLI:RK\DAT A\CKcWI\RE7..0NING AND STREET CLOSUR.I:"\Rezonings. Street Alley 06\PhClS3J\I Ridge Land InvtSl amended perir.ion n:zoning doc Zoning Amendment/Conditional Rezoning Filing Compliance Statement - .J-.....-k()rR- Petition Includes: Petitioner: /1. --c' 2. ,/'3. /" 4. ~ 5. t/6. Filing Fee: $ Date (p /1'-1/ &':'60 Name, address and phone number of petitioner Names, signatures and addresses of the owner or owners of the lots or property including in the proposed change Description of the purpose for the requested zoning district classification and the proposed use of the property. Concept plan outlining features of the proposed use of the property including buildings, parking, access, and similar features; Map of the area requested for rezoning; Names, addresses and official tax numbers of owners of the lots or property immediately adjacent to and those directly opposite thereto. [\.-v-.....v"d.V'-"--~+-- -h, -e"";\h,,,o- pJ''K"", Secretary, City Planning Commission Fee Schedule Re.:::oning to Residential Districts RA, R'J2. R,l, R'5. R'3. RM'J, RM,2, RMF 5600... 525 per acre or any ponion Rezoning to Commercial Districts CN, CG, Cl5 5900 + 525 per acre or any ponion Rezoning to IndustriallJistricts J.1. 1-2 5900 + 52 ~ per acre or any portion Rezoning to Special Purpose Districts 0, Oowntown MX. Mixed Use IN. Institutional District ROS. Recreation and Open Space AD. Airport Development 5900 -+- 525 per acre or and portion Rezoning to Planned Unit Developments Districts MXPUD, Mixed PUO INPUD, Institutional PUD IPUD. Inuustrial PUD 51.000 + Sl.5 per acre or any portion Rezoning to Overlay Districts H-T, Historic Downtown H-2, Neighborhood Hi~tori( NO. Neighborhood Design RCC, River and Creek Corridor C5, Comprehensive Sign S2S0 Amendment to Proffered Conditions 5500 t. ( O..s \ \ AMENDED PETITION TO REZONE IN TI'IE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE; Repeal of Proffcred Conditions and rezone Lot :!A, containing 5.93 aercs of Phcasant Ridge Condominiums 11, LL, Tax Map 115460124 from MX(c), Mixed Use District, Conditional to MXPUD, Mixed Usc Planncd Unit Development District. Rezone Properties of Daltonl'lace, LLc, Map # 5470207 (0.4174 ac), #5470302 (0.6611 ae), #5470303 (0.7153 ac), #5470304 (0.6330 ae), 115470305 (0.6722 ac); #5470306 (0.2779), #5470308 (0.4603 ac); A &.1 Holdings, Inc., Tax Map ii5470301 (0.7339 ac); lntcgra 1n\'cstmcnts, LLC, Tax Map #5470307 (0.4595 ae); and Van Winkle, LLC #5470306 (0.1390) with a lolal aercagc of 5.1696 aercs fi-om R-}, Residential Single-Family District to MXPUD, Mixed Use Planned Unit Devclopment. Combine ponion of Gr;lIIger Road right-of-way containing 0.293 acrcs with Dalton Place LLC, Map ii5470207 bearing proposed zoning ofMXPUD, Mixed Use Planncd Unit Development District. Portion of Phcasant Ridge Road, Tax Map #5470130, containing O. I 08 acres, owncd by Pheasant Ridge Office Buildings, LLC, zoned from MX to MXPUD. TO THE HONORABLE MAYOR AND MEMBERS 01' THE COUNCIL OF THE CITY OF ROANOKE: By Ordinancc No. 24898-l:!0379, at the request of Roanoke Health Care Center, City Council rezoned the property identified as Tax Map No. 546010 1 C-l, with proffered conditions. By Ordinance No. 32815-020596, at the request of Roanoke Hcalth Care Ccnter, City Council amended the previous proffered conditions. By Ordinance No. 36883-101804, at the request of Pheasant Ridge Condominiums II, LL, City Council amended the prcviolls proffered conditions for property identified as Lot 2, containing I/.9 acres, Tax Map number 5460124. The Petitioner, Pheasant Ridge Condominiums II, LL, owns Tax Map No. 5460124 in the City of Roanokc and rcquests that the conditions relating to said property be amcnded as hercinatler set out. Tax Map Number 5460124 is a subdivided lot created from parent tract 5460101 on July, 16 1996. Tax Map Number 5460124 was then subdivided on Decembcr 16,2005 by Permit Number SlJ-50076 into 2 lots; Lot 2A, containing 5.93 acres, Tax Map , - Number 5460124 and Lot2B, containing 5.97 acres, Tax Map Number 5460165 The Petitioner hereby rcquests that the following proffers enacted by Ordinance 36883-101804 be repealed as they pertain to Tax \1ap No. 5460124; 1. Thatlhe propeny will be developed in substantial eonfornlity with the conceptual site plan prepared by Jones & .Ioncs Associates, Architects PC, datcd .Iimc 14,2006, a copy of which is attached to thc Petition for Amendmcnt as Exhibit "A". 2. That the property shall be uscd only for the following uscs: 'I. PCTInitted Uses: 1. Gencral, medical and professional offices. b. Special Exccption Uscs: I. Group care facilities subject to the requirements of section 36.1- 560 et seq. 2. Multifamily dwellings, so long as a spceial exception is granted. 3. Medical Clinic. 3. That a wooded buffer arca contiguous with the llorthem property lines will be maintained as a wooded area for a width of at least fitly (50) feet as depicted on Exhibit "A". 4. That all proposcd structures shown on Exhibit "A" will be constructed of natural exterior building materials such as stone, brick, decorative block, stucco, and wood. This shall not preelude the use of other building construction materials when uscd as a particular component of the building system such as glassed atriums, skylights, entry canopies, standing-seam meta' roofs, or other stmetllTal or mechanical systems incidental to thc building use. Metal buildings, mobile or manufactured buildings, with the exception of temporary stmetures used as contractor's offices during construction, or other structures inconsistent with the above described selection of materials shall not be used in this development. 5. Recreational amcnities consisting of internal walkways shall be improved surfaecs and jntegratcd with existing walkways on adjacent parcels and as 2 dcpictcd on Exhibit "A". 6. Landscaping shall be installed and maintained on the north slope near the Indcpendent Living Facility in substantial conformity with thc eonccptual Landscaping plan attached as "Exhibit "C". The Petitioncr, Dalton Place, LLC, owns propeny in the City of Roanokc on Grangcr Road, idcntified as Tax Map # 5470207 (0.4174 ae), ami on Griffin Road, idcntificd as Tax Map Ii 5470302 (0.6611 ae), #5470303 (0.7153 ac), #5470304 (0.6330 ae), #5470305 (0.6722 ae), and on Van Winkle Road, idcntified as Tax Map #5470306 (0.2779), and #5470308 (0.4603 ac); A &.1 Holdings, Inc., owns property on Griftln Road, identified as Tax Map #5470301 (0.7339 ae); Intcgra Invcstments, LLC, owns propcrty on Van Winkle Road, idcntified as Tax Map 115470307 (0.4595 ae); and Van Winkle, LLC owns propcrty on Vall Winkle Road, idcntified as #5470306 (0.1390). All properties, totaling 5.1696 acrcs, arc contiguous (shown on tax map Exhibit B) and the petitioners requcsl that currcnt zoning ofR- 7, Residential Single- Family District be changed to MXPUD, Mixed Use Planned Unit Development. Vacation of the Granger Road right-of-way results in 0.293 acres to be combined with Dalton Place, LLC, Tax Map #5470207, and thc pctitioner requests that this arc a he rczoncd from R-7, Rcsidcntial Single-Family District to MXPUD, Mixed Usc Planned Unit Developmcnt District. A new zoning line is required at thc cul-de-sac on Phcasant Ridgc Road and the petitioner, Phcasant Ridge Office Buildings, LLC, Tax Map #5470130, requcsts that the 0.108 acrcs be rezoned from MX, Mixed Use District to MXPUD, Mixed Usc Planncd Unit Development. l'ursllantto Scetion 36.2-540, Codc ofthc City of Roanoke (1979), as amended, the Petitioncr requests that the said propcrties totaling 5.1696 acres be rczoncd from R-7 Residential Single Family District to MXPUD Mixcd Use Planned Unit Dcvelopmcnt 3 District; thc Granger Road right-of-way totaling 0.293 acres be zoncd MXPUD Mixed Usc Planned Unit Development and the 0.1 OS aerc portion of Tax No. 5470130 be rezoncd from MX, Mixed Use District to MXPUD, Mixed Use Planned Unit Develo[lment for the purpose or eOIll[lleling thc Illixturc of living unit options in thc Pheasant Ridgc community. The Pctitioner believcs the proposed rezoning and repcal ofproffcrs on the said tracts orland will further thc intcnt and purposes of the City's Zoning Ordinancc and its comprehensive plan, in that it will providc higher density, markct ratc housing near a local commercial center. Attached as Exhibit "C" arc the names, addrcsses and tax numbers of the owner or owners of all lots or propeny immediately adjacent to and immediately across a street or road from the subjcet propertics. WHEREFORE, the Petitioner requests that thc abovc-dcseribed amended' proflers and rezoning requests bc approved as herein set out in accordance with the provisions of the Zoning Ordinance ofthc City of Roanoke. 4 Respcetfully submitted this-----1'l By; Pheasant Ridgc Condominiums II, LL Pheasant Ridge Rcal Estate Holdings, LLC Phcasant Ridge Office Building, LLC Dalton Placc, LLC A & .IlIoldings, Inc. lntcgra Investments, LLC Van Winkle, LLC 4415 Pheasant Ridgc Road SW, #30 I Roanoke, Virginia 24014 540/772-5090 Contact; Hunter Smith hsmi lh(ii'i 11lc~rallc.colll day of' ~~N. 2006. Respectfully submitted, .lames R. Sm' , Owner of all properties 5 ",*_\l'GM\_"""'_____ .. 01._.__.... o . l~ I ~ ;1 I ~ , ~ , ....:,:) II! .\ " 00 i!j 0 - 0 z j:!i." 0 mil::! m ~Ifj::!l IFj~ "ll " " r Z > '" Z (J> 1::00. 9"'.... . .......,.:!006 ~.4i;l'; ".&0 ,~~. np^""~LErON"\'E..Il..L\'" ~<". ~(.. ~t..(.'. ,: ....< ,.! ":':'~' ,:" "".'1 n \ I~' I " J" .,0.. . . .,' " , -- .>!tv..,.,...... ,~, "" f\'.,S'UI.;2 'HS r ." \ ~: ,,\'1 -,"j'" '.':r:~""'. .,.... .' m X ::I: OJ :::j OJ EXHIBIT C -- NEIGHBORS 5470301 A & J 1I01.0I:->GS, II'C. 4415 PI tEASANT RIDGE ROAD. #303 ROANOKE VA 24014 5470tt6 NEW PLAN REALTY TRUST PO BOX 4800 SCOITSDALE. AZ 85261-4900 5470206 PAtGE PAUL ANDREW & JOY FAYE 4323 GRtFFI:-J RD S\V ROANOKE VA 240t4 5470310 EDWARDS ROY C OR ELIZABETH M EDWARDS 4437 VA:-.I WI1\KLE RD SW ROANOKE VA 240t4 5470207 DALTON PLACE LLC 4415 PHEASANT RIDGE RD ROANOKE VA 24014 5470309 EDWARDS TERRY LEO 4437 VAN WtNKLE RD SW ROANOKE V A 24014 54704t4 LNDERWOOD MELISSA DELANE P0l30X2tt53 ROA:-.IOKE VA 240t8 5470308 EDWARDS CECIL EUGENE 4437 VAN WIl\KLE RD SW ROANOKE VA 240t4 5470413 GRIFFE', ROAD, LLC 44 15 PHEASANT RIDGE ROAD, 300-303 ROANOKE, VA 240t4 5470307 INTEGRA tNVESnlENTS LLC 4415 PHEASANT RIDGE RD ROANOKE VA 24014 5470306 MOLUMPHY JOHN T ItI HALS 813 fRA:-.IKLI1\ ROAD SW, SUITE 103 ROANOKE, VA 240t6 54704t2 DNAL HOLDIXGS I. I.LC 44 15 PHEASANT RIDGE ROAD, 303 ROANOKE, VA 240t4 5470305 DALTON PLACE LLC 44t5 PHEASANT RlDGE RD ROANOKE VA 24014 54704 I I DNAL HOLDINGS I LLC 4415 PHEASANT RIDGE RD303 ROANOKE VA 24014 5470304 DALTON PLACE LLC 44t5 PIIEASANT RIDGE RD ROANOKE V A 240t4 5470410 eLA YTOR I-IENR Y J JR & CAROL YN D 4350 GRIFFIN RD SW ROANOKE VA 24014 5470303 DALTON PLACE LLC 4415 PHEASANT RIDGE RD ROANOKE VA 24014 5470409 TRS FtRST l3APTtST CHURCH JEHERSON ST & GILMER A VE Nt: ROANOKE VA 24016 5470302 DALTON PLACE LLC 4415 PHEASANT RIDGE RD ROANOKE VA 24014 5470408 WEl3l3 RICHARD l3 JR 4372 GRIFFIN RD SW ROANOKE VA 240t4 5460t23 IICl' VIRGINtA I1\C 3760 KtLROY AIRPORT \vAY STI; 300 LONG l3EACII CA 90S06 8 5470712 DUNBAR JOHJ\"J\"Y M 4404 V AN WIJ\"KLE 1m SW ROANOKE VA 24014 5470713 MUSE RUBY Y1ARIE 4422 V AN WtNKLE RD SW ROANOKE V A 24014 5450t02 OlCKERSOt\ ELIZABETH ORA 4446 V AN WINKLE RD SW ROAt\OKE VA 24014 5450125 PHEASANT RIDGE CONDOMINtUMS I.I.C 4438 PHEASANT RIDGE RD SW #108 ROANOKEVA240t4 5460164 PHEASAt\T RIDGE WEI.I.NESS CEJ\"TER LL 44t5 PHEASANT IUDGE RD#105 ROANOKE VA 24014 5460130 PHEASAJ\"T RIDGE ASSISTED LlVtNG 4435 PHEASANT RIDGE RD SW ROANOKE VA 24014 5470t29 PHEASANT RIDGE OFFICE 44t5 PHEASANT RIDGE RD SU 300-.'0.' ROANOKE VA 240t8 9 Zoning Amendment/Conditional Rezoning Filing Compliance Statement Petitioner: P-HcAsPNT [(:u)C-:>'E. (kNO L0ViE.si. Date~Of.o Petition Includes: ~. 2. J -Z. 4. ~ 6. Name, address and phone number of petitioner Names, signatures and addresses of the owner or owners of the lots or property including in the proposed change Description of the purpose for the requested zoning district classification and the proposed use of the property. Concept plan outlining features of the proposed use of the property including buildings, parking, access, and similar features; Map of the area requested for rezoning; Names, addresses and official tax numbers of owners of the lots or property immediately adjacent to and those directly opposite thereto. Filing Fee: S 1);;( '7 S- . 0 0 Secretary, City Planning Commission Fee Schedule Rezoning to Residential Districts RA, R.12. R,7. R'S. R'3. RM'l. RM.2. RMF $600.,.. S25 per acre or any portion Re-zoning to Commercial Districts CN, CC, CLS $900 + $25 per acre or any portion Rezoning to Industrial Districts 1-1. J-2 $900 + $25 per acre or any portion Rezoning to Special Purpose Districts D, Downtown MX, Mixed Use IN, Institutional District ROS, Recreation and Open Space AD, Airport Development 5900 + 525 per acre or and portion Rezoning to Planned Unit Developments Districts MXPUD. Mixed PUO INPUD. Institutional PUD IPUD, Industrial PUD Sl.000 + $25 per acre or any portion Rezoning to Overlay Districts H.), Historic Downtown H.2. Neighborhood Historic NO, Neighborhood Design RCC, River and Creek Corridor CS, Comprehensive Sign 52 SO ArnendmenllO Proffered Conditions $SOO \ CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. w., Room 456 Roanoke, Virginia 240 11-1536 Telephone: (54m 853.2541 Fax: (540) 853-) )45 E-milll: clerk@'ci.fllilnoke.va.us STEPHANU: M. MOON, CMC DepulY CiTY Clerk SHEII.A N. HARTMAN As~i$t:J.nl City Clerk April 7, 2006 File #51 Richard A. Rife, Chair City Planning Commission 1326 Grandin Road, S. W. Roanoke, Virginia 2401 5 Dear Mr. Rife: Pursuant to Section 36.2-540(c)(4) 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 April 6, 2006, from James R. Smith, Sole Owner, Pheasant Ridge Condominiums, If, LL, Pheasant Ridge Real Estate Holdings, LLC, Dalton Place, LLC, A & J Holdings, Inc., and Integra Investments, LLC, requesting Amendment of Proffered Conditions in connection with the rezoning of Lot 2A, containing 5,93 acres of Pheasant Ridge Condominiums If, LL, Official Tax No. 5460124 from the current zoning of MX (c) Mixed Use, to MXPUD, Mixed Use Planned Unit Development District; and rezoning properties of Dalton Place, LLC, Official Tax Nos. 5470207, (.4174 acre); 5470302, (.6611 acre), 5470303, (.7153'acre), 5470304, (,6330 acre) and 5470305, (,6722 acre); A & J Holdings, Inc., Official Tax No. 5470301, (,7339 acre); and Integra Investments, LLC, Official Tax No. 5470307, (.4595 acre); containing a total of 4.2924 acres, from R-7, Residential Single Family District, to MXPUD, Mixed Use Planned Unit Development District; and Granger Road containing .3842 acre to MXPUD, Mixed Use Planned Unit Development District. 57\'., 7.P~ Mary F. Parker, CMC City Clerk MFP:ew Enclosures L \CLERK\DATA\("KEW1\RFJ.ONING ANI) STREI;r CI.OSURE\Rezonings . SlI"ee1 Aile)' Ob\Phe3lO3nlll.idge Land In\-e~lle7.0ning ck>c Richard A. Rife, Chair April 7, 2006 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council Hunter D. Smith, Vice Manager, Pheasant Ridge Real Estate Holdings, LLC, 4415 Pheasant Ridge Road, S W., - Suite 301, Roanoke, Virginia 24014 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 James P. Gilmer, City Planner II 1:\CU!RK\L)ATA\CKEWI\REZOJ.;~G ASD STREETCLOSlIRE\Re"lonings. Street Alley 06\PhCllS;lnl Ridge l...1r.d Invest rc:.oning doc PETlTTON TO REZONE 11\ THE COLI\ClL or Tl'lE CITY OF ROANOKE, VIRGINIA IN RE: Amendment of Proffcrcd Conditions for Lot 2A, containing 5.93 acres of Pheasant Ridge Condominiullls II, LL Tax Map numher 5460] 24 from currcnt zoning of \1X(c) to ylXPlJD. Rezone Propertics of Dalton Place, LLC, Tax Map ;'I 5470207 (.4174 ac), 5470302 (.6611 ac), 5470303 (.7153 ac), 5470304 (.6330 ac), 5470305 (.6722 ae); A & J Holdings, Inc., Tax Map #5470301 (.7339 ac); and Integra Investmcnts, LLC, Tax Map #5470307 (.4595 ac); total acrcage of 4.2924 acres from eurrcntly zoning of R-7 to \1XPUD. Granger Road containing .3842 acres to MXPOD. TO THE HONORABLE MAYOR AI\D MEMBERS OF THE COU:'\IC]L or THE CITY OF ROANOKE: By Ordinance :-.10: 24898-120379, at the rcqucst o I' Roanoke Health Carl' Ccnter, City Council rczoned thc property idcntified as Tax Map No. 546010 I Co], with proffered conditions. By Ordinancc 1\0. 32815-02059Ci, at thc rcqucst of Roanoke Health Care Center, City Council amended thc previous proffcred conditions. By Ordinance No. 36883-10 IS04, at thc request of Pheasant Ridge Condominiums II, LL, City Council amended the previous prollcred conditions for property idcntified as Lot 2, containing 1].9 acrcs. Tax Map number 5460]24. The Petitioner, Pheasant Ridge Condominiullls 11, LL. owns Tax Map 1\'0. 5460124 in the City of Roanoke anti requests that the conditions relating to said property be amendcd as hereinafter set out. TaxMap1\'.ul11ber~f60124 is a subdividcd lot neat cd from parcnt tract 5460101 on 7/16/96. Tax Map Number 54(iO]24 was then suhdivided on Decembcr 1(;, 2005 hy Permit I'\umber SlJ-50076 into 2 lots: Lot 2A, containing 5.93 acres, Tax Map I'\umber 5460124 amI Lot2H, containing 5.97 acrcs, Tax Map I'\umher 5460165 The Petitioncr belicws that the suhjeet amendmcnt ofproffcrs will further the intcnt and purposcs of the City Zoning Ordinance and its Comprehcnsivc Plan in that it will allow for a hettcr use of the suhjeet property. The Pctitioncr hereby reljuests that the lollowing proffers cnaeted by Ordinancc J(,883- I 0 1804 bc repealed as thcy pcrtain to Tax Map \10. 5460124: I. That the propcrly will bc dcveloped in substantial conformity with the conceptual site plan preparcd by Joncs & Jones Associates, Architects PC, dated March 2, 2006 , a copy of which is attached to the Petition for Amendmcnt as Exhibit "A". 2. That thc propcrly shall be used only !,)r the fl)llowing uses: a. Permitted Lses: I. General. medical and professional orfiees. Special Exception Lses: 1. Group care facilities subject to the requiremcnts of section J6. 1- 560 ct scq. :Ylultifamily dwellings, so long as a special exception is granted. Medical Clinic. b. ~ 3. 3. That a wooded buffer area contiguous with the northcrn property lines will be maintaincd as a wooded arca lor a width oi'm least filly (50) feet as depicted on Exhibit "A". 4. That all proposed structures shown on Exhibit "A" will he constructcd of natural extcrior building materials such as stonc, brick, decorative block, stucco, and wood. This shall not preclude the usc of othcr building construction matcrials whcn used as a particular component of the building systcm such as glassed atriums, skylights, entry eanopics, standing-scam metal roofs, or other structural or mechanical systcms incidental to the building use. Metal huildings, mobile or manufactured buildings, with the exception of tcmporary structures used as contractor's 0 mees during construction, or other structurcs inconsistent with thc above described sclcction of matcrials shall not be used in this dcvelopment. 5. Rccrcational amenities consisting of internal walkways shall he improved J surfaccs and integrated with existing walkways on adjaeem parcels and as depicted on Exhibit "A". 6. I.andscaping shall be installed and maintained on the north slope near the Independent Living Facility in substantial conformity with the conccptual Landscaping plan attached as "Exhibit "C". The Petitioner hercby requests that the following proffered conditions be substituted and adopted lar those existing proffers delineated above as they pertain to Tax Map No. 5460124. I. That the property will be developed in substantial conformity with the conceptual site plan prepared by Lumsden Associates, PC, dated April 6, 200(i . a copy of which is attached to the Petition as Exhibit "A". 2. TIl1l1lhe properly shall be used only for thc lallowing uses: 1. Office, gcneral or professional. 2. Medical Clinic. 3. Single-family dwellings. 4. Group care facility, Group care home, subject to Section 3(i.2- 412. 5. Multifamily dwelling. 3. That a wooded buffcr area contiguous with the northern propcrly lincs will be maimaincd as a woodcd area for a width of at least lifty (30) feel as depicted on Exhibit "A". 4. That all proposed structures shown on Exhibit "A" will be constructed of natural extcrior building materials such as stone, brick, decorativc block, stucco, and wood. This shall not prcelude the use of other building construction materials when used as a particular component of the building system such as glassed atriums, skylights, entry canopies, standing-scam me.1al roofs, or other structural or mechanical systems incidcntal to the building usc. Metal buildings, mobile or manufactured buildings, with the cxception of tcmporary structurcs used as contractor's offices during construction, or other stnl('tures inconsistent with the above describcd selection of materials shallnol be used in this developmcnt. 5. Recreational amenities consisting of internal walkways shall be improved surfaces amI intcgrated with existing walkways on adjacent parcels and as depicted on Exhibit "A". 3 The Petitioner, Dalton Place, LLC, owns property in thc City of Roanoke on Grangcr Road, identilied as Tax Map # 5470107 (.4174 ac), and on Griffin Road, identilicd as Tax Map ii 5470301 (,(;(;11 ae), 5470303 (.7153 ac), 5470304 (.6330 ac), 5470305 (.6711 ac); A &.1 Holdings, Inc., owns property on Griflin Road, identificd as Tax Map 115470301 (.7339 ae); and Intcgra Invcstmcnts, LLC, owns property on Van Winkle Road, idcntificd as Tax 'vlap #5470307 (.4595 ac). All properties, totaling 4.2924 acres, arc contiguous and thc petitioncrs request that elllTent zoning ofR-7 bc changed to MXPUD. Pursuant to Section 36.2-540, Code of the City of Roanoke (1979), as amcndcd, the Pctitioncr rcqucsts that thc said propcrtics totaling 4.2924 acres bc rczoncd from R-7 Residential Single Family District to MXPUD Mixcd Use Planned Unit Dcvelopmcnt District for the purpose of completing thc mixture of living unit options in thc Pheasant Ridgc community. The Petitioncr belicvcs the rczoning ofthc said tract of land will further the intent and purposes of the City's Zoning Ordinanec and its comprehensive plan, in that it will provide a eohcsive community of housing options. Attached as Exhibit "8" are the names, addresses and tax numbers of the owner or owners of all lots or property immediately adjacent to and immediately across a strcet or road from the subject properties. 4 WHEREFORE, the Petitioner requests that the above-deseribcd amcnded proffcrs and rczoning requests be approved as hcrcin set out in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Rcspcctfully submitted this __'_~,~_ day of ~ 2006. Rcspcetfully submitted, .lames R. Smi I ole Owner of all properti~s By: Phcasant Ridge Condominiums II. LL Ph~asant Ridge Rcal Estate Holdings, LLC Dalton Place, LLC A & .r Holdings, Inc. Integra Investments, LI.C 4415 Pheasant Ridge Road SW, 11301 Roanoke, Virginia 24014 5 40n 72 - 5 090 Contact: Hunter Smith hSll1itll!!i.'inlt'~rallc .com 5 .......,..:....................,,:....,.....-, ":,<'-,,,". '. ~. . , / : ~.~ .l '. "-.' ~'. \\" ". --'-:-I: ':,-~\<'~\"\ .\\.\ :"" )......\ . ',\ ~ . -! \\:' ./"" \ '.'.', ti. \:1" '. ) ( . \. :: :\ . \\ " . . ; :-;.., " ':, .~: . ~~ \ '~ \' ,;s\o'\i;&~> \\ /\::. ",;,:.': ::. 'r:'~'\: },,,-:/:::<. ".Sl~;'~~:\<: !;. "0 \\!C' ':~~".\. :"'~\/;;" \\~~:~':.." " .' I, . 1\\.--,. <~""\ .'.,': .' ." '--":'" ,"j' t ,<' b' ) ....,..~, ;, . i(' ;, ,>;~" ~. --- .... .', . ':~0~"~~.~.. . : ,"i .... .,.~ i~/~ :._-:.~.<?;f<.. . '.~:/<'..r ,~'.! , ....,....,,'."x./ . .:.~-~ ~.~~.~.;~~~~;~_. : ~.~j.;~... 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':; ~ ,/ (--*11\__~. ,.'. .'. ~~ \. ~ .~~ " " i .~..' -_ 1'I.',t" "J;'.' '~"","I I~' .',..: ....' ''''; '.M\II 'Mll"'ll'M'~~,1. ,'.,. EXHIBIT B -- ~EIGIIRORS 5-t703CJI A & J HOLDINGS, I~C. 4415 PIII,ASANT RIDGE ROAD, !l303 ROA~OKE VA 241114 5470116 ~EW PJ.."'~ REALTY TRUST 1'0 BOX 4~00 SCOTTSDALE. XI. 85261-4900 54703 ]() EDWARDS ROY C OR ELlZABETII ~I EDWARDS 4437 VAt\ Wl:-;KLE RD SW ROA:-;OKE VA 240t4 5470206 PAIGE f',\U, ANDREW & JOY FAYE 4323 GRIFI'I:-; IW SW ROAM)KI,: VA 24014 5470309 EllWAIUlS TERRY LEO 4437 VAN WtKKLE RD SW ROA~OKE VA 2411t4 5470207 DALTO!\ PLACE LLC 4415 PllEASA~T Rt()(;(; RD ROANOKE V,\ 24014 :,..J70~(JS EDWARDS CEClL EI.I(jE~E 4437 VAN Wt!\KLE RD SW R()'\;\(lKE VA 241114 5470414 ll\OERWOOD MEUSSA DELANE P0!30X21t53 ROA~OKE VA 240tS 5-.1703U7 INTEGRA I:-;VESTMENTS LLC 44 I 5 PHEASA!\T R!DC,E RD ROA~OKE VA 24014 5470413 GRIFI'I:-; ROAD. LLC' 44151'IILASA\ I" RII)(;j, ROAD. 300-.10,\ ROANOKE, VA 2411t4 5470.10(i MOl.lIl\lI'HY JOH!\ T III HAI.s S 1.1 FRANKU~ ROAD SW, SUtTE 103 ROANOKE. VA 24016 547O.J12 D\AI. HOI.DI\(jS I. LLC 4415 I'llEASAXr RtDGE ROAD, .10.1 ROAM1KE, VA 24014 5470305 DALTO\ PLACE LLC 4415 PHEASANT RIDGE RD RO..\!\OKI' V..\ 24014 5470411 D~AL llOLDlNGS I LLC 4415 PllEASANT RIDGE RD.10.1 ROA\OKE VA 24014 5470304 DALTON PLACE LLC 4415 PllEASA\T RIDGE RD ROA"10!;:E VA 240t4 5470410 CLA YTOR t'IE\RY J JR & CAROLYN 0 4.1:'0 GRIFFIN RD SW ROA"10KE VA 24014 :'470.10.1 DALTOK PLACE LLC 4415 I'IIEASANT RIDGE RD ROA\OKE VA 24014 5470409 TRS FIRST !3APTlST CIIUWII JEFFERSO~ ST & GtLl\tFR A VI': 'JE ROANOKE VA 24016 5470302 DALTO"1 PLACE LLC 441:' PIIEASANT RID(;!' RD ROA~OKE VA 24014 :,47040S WE!3!3 RICll,\RD B JR 4.\72 GRIFFIN RD SW ROANOKE VA 24014 546012.1 IICf' VtRGI\IA II\C .1760 !;:ILROY AtRPORT WA Y STE 3DO LO\G BEACII CA 90806 7 54707t2 DlJ"BAR JOI'I"'1\), M 4404 V AI\ WtNKLE RD SW ROA"OKE VA 24014 5470713 MUSE RL'BY ~1ARIF 4422 VA" WI"KLE RD SW ROA"OKE VA 240t4 5450102 DlCKERSO" ELIZABETH ORA 4446 VA" WINKLE RD SW ROAJ\OKI': VA 24014 5..J5012:, I'IIEf\SA"T RlIJGL CO\DOMI:'-IIC\1S LLC 44)~ PHEASANT RIDGE RD SW tlOS ROANOKE VA 241114 54<>0 164 PHEASA"T R/DOE WELLNESS CENTER LL 44151'1ILVSA"T IUDGE RD#105 ROANOKE VA 24014 5460130 I'IIEAS.-\:\T IUDGE ASSISTED LlVII\G 4435 Pt,tEASA"T RIDOE RD SW ROANOKE VA 24014 5470129 I'ltEASA\T RIDOE OFFICE 4415 I'HEASA"T RIDOE RD St! )011-)0) ROANOKE VA 2401S 8 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.w., Room 456 Roanoke. Virginia240l1-t536 Tl'Jcplvllle: (540) ~j3.2541 Fax: (:'40) ~53-1145 E-m;lil: delk<..Ci:l,:i.roillwke.\"a.L1!> STEPHANIE M. ~100S, CMC DCPUI)' Cit~' Clerk \IAR\" I'. PARKER, OIC City Ch..rk SHEILA S. HART\lAS , As~i:;[ant City Clerk August 24, 2006 File #51 Mr. and Mrs, Charles C. Duncan, Jr. P. O. Box 7241 Roanoke, Virginia 24019 Dear Mr. and Mrs. Duncan: I am enclosing copy of Ordinance No. 37516-082106 amending 936,2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5,2005, as amended, to reflect that Official Tax No. 7310111 be rezoned from R-5, Single Family Residential District, to RMF, Residential Multifamily District, subject to the proffer contained in a Petition which was filed in the Office of the City Clerk on June 2, 2006. ' The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 21, 2006, and is in full force and effect upon its passage. n"~ :1~ Mary F. Parker, CMC City Clerk MFP:ew Enclosure L:ICLERKlDATAICKEW1\AGENDA CORRESPONDENCElagenda correspondence 06\Aug 06\Aug 21 06 cor.doc Mr. and Mrs. Aaron W. Athey August 24, 2006 Page 2 pc: Mr. and Mrs. Ronald Bensinger, 1672 Monterey Road, N. E., Roanoke, Virginia 24019 . ' Valley Lands, Inc., P. O. Box 32488, Charlotte, North Carolina 28232 Mr. Albert G. Snider and Ms. Opal Wood, 2402 Mason Mill Road, N. E., Roanoke, Virginia 24012 Richard A. Rife, Chair, City Planning Commission, 1326 Grandin Road, S. W., Roanoke, Virginia 24015 Rolanda B. Russell, Assistant City Manager for Community Development Steven J. Talevi, Assistant City Attorney Susan S. Lower, Director, Real Estate Valuation Philip C. Schirmer, City Engineer Martha P. Franklin, Secretary, City Planning Commission Ian D. Shaw, Senior Planner L:\CLERKlDATA\CKEW1\AGENDA CORRESPONDENCElagenda correspondence 06\Aug 06\Aug 21 06 cor.doc ~~ ~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of August, 2006. No. 37516-082106. AN ORDINANCE to amend S36.::!-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, to rezone certain propeny within the City, subject to ,a certain condition proffered by thc applicant: and dispensing with the second reading of this ordinance by title. WHEREAS, Charles Calvin Duncan, Jr., and Jeanne T. Duncan, have made application to the Council of the City of Roanoke, Virginia ("City Council"), to have the hercinafter described property rezoned from R-5, Single Family Residcntial District, to R!vlF, Residential Multifamily District, subject to a eenain condition proffered by the applicant; WHEREAS, the City Planning Commission; after giving proper notice to all concerned as required by S36.2-540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the maller, has made its recommendation to City Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on August 21, 2006, after due and timely notice thercof as required by S36.2- 540, Codc of the City of Roanoke (1979), as amended, at which hearing all panies in intcrest and citizens were given an opponunity to bc heard, both for and against the proposed rezoning; and WHEREAS, City Council, afier considering the aforesaid application, the recommendation made to City Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public neccssity, eonvcnience, general welfare and good zoning practice, require the rezoning of the subject property, and for those reasons, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by thc Council of the City of Roanoke that: 1. Section 36.2-100, Code of the City of Roanoke (1979), as amended, and . the Official "Zoning Map, City of Roanoke, Virginia, dated Decembcr 5, 2005, as amended, bc amendcd to reflect that Official Tax No. 7310111 be rezoned Ii-om R-5, Singlc Family Residential District, to RIvlF, Residcntial Multifamily District, subject to the proffer containcd in the Petition filed by Charles Calvin Duncan, .Jr., and .lcanne T. Duncan. in the Office of the Citv Clerk on June 2,2006. . . 2. Pursuant to the provisions of 912 of the City Charter, the second reading of this ordinancc by title is hereby dispensed with. An.... :l. P ~ City Clerk. ,\n'hilcl'luntl Rc\il'" nllard Ulllll'd IIfl.llninj! ApllI'al, "llInnillJ.:('Olllllli"inll CITY ()I<' ROANOKE PLANNING BUILDING AND DEVELOPMENT 215 Church Avenue, S.W., Room 166 Roanoke, Virgiuia 240 II Tele.,hone: (5401 S5.1-t7,10 Fax: (540) S5.1-1BO E-mail: planning@ci.roanokc.\.a.us August 21, 2006 Honorable C. Nelson Harris, Mayor Honorable David B. Trinkle, Vice Mayor Honorable Alfred T. Dowe, Jr., Council Member Honorable Beverly T. Fitzpatrick, Jr., Council Mayor Honorable Sherman P. Lea, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Brian J. Wishneff, Council Member Dear Mayor Harris and Members of City Council: Subject: Request from Charles Calvin Duncan, Jr. and Jeanne T. Duncan that property located at 1682 Monterey Road, N.E., bearing Official Tax No. 7310111, be rezoned from R-5, Single Family Residential District, to RMF, Residential Multifamily District, subject to a condition that the use of the property will be limited to a congregate home for the elderly with no more than eight unrelated residents. Planning Commission Action: Planning Commission public hearing was held on Thursday, July 20, 2006. Bya vote of 5-0 (Messrs. Chrisman and Manetta absent), the Commission recommended approval of the rezoning. Background The petitioner owns and operates a congregate home for the elderly on property located at 1682 Monterey Road, N.E. (Official Tax No. 7310111). The petitioner requests the property be rezoned from R-5, Residential Single Family District, to RMF, Residential Multi-family District, subject to conditions, to allow continued operation of the facility as a congregate home for the elderly. The parcel was zoned RS-3, Single Family Residential District under the prior zoning ordinance which allowed operation of a congregate home for the elderly by special exception. The Board of Zoning Appeals granted special exceptions for the facility on June 4, 1996, and August 14, 2001, each with time limits of five years. The current special exception will expire in August 2006. As part of the City's comprehensive 1 rezoning on December 5, 2005, the property was rezoned to R-5, Residential Single Family District, which does not provide for a congregate home for the elderly as a permitted or special exception use. Therefore the special exception cannot be renewed. The Petition to Rezone was filed on June 2, 2006. Considerations Surroundinq Zoninq Districts and Land Uses The subject property is located in the HollinslWildwood Area at the eastern terminus of Monterey Road, and is currently zoned R-5, Residential Single Family District. The property is surrounded by a mix of residential, industrial and open space as follows: . R-5, Residential Single Family District: extensive residential development is present around the property, extending from the northeast to southwest. . 1-1, Industrial District with conditions: the currently undeveloped, northern most portion of the Roanoke Centre for Industry and Technology abuts the eastern edge of the subject property. . ROS, Recreation and Open Space District: the Ole Monterey Golf Course is adjacent to the subject property, across Monterey Road. The subject property is a single story ranch-style structure that blends with the adjacent residential property. The building on the subject property is built of brick, like other houses along this portion of Monterey Road, and is of similar scale when viewed from the street. Conditions Proffered bv the petitioner The petitioner proffers the following condition: The property will be used for a Congregate Home for the elderly with no more than eight (8) unrelated residents. Compliance with the Zoninq Ordinance Under the current zoning ordinance, the use is classified as a Group care facility, congregate home, Elderly, subject to Sec. 36.2-412. This use is not permitted in the R- 5 district, so it may continue as a legally nonconforming use until the five-year time limit on the special exception expires in August 2006. If the property is rezoned to RMF, Residential Multifamily District, the current operation of the subject property can be continued as a permitted use. Chapter 36.2-412 of the Code of the City of Roanoke (1979), as amended, provides supplemental regulations for the use in an RMF, Residential Multifamily district: 2 . No other group care facility can be located within 1,500 feet of the subject property. . A minimum of 500 square feet of facility space shall be provided per occupant including supervisory personnel and family members living on the premises. . A minimum of 100 square feet of useable open space shall be provided per occupant. . A minimum Category "A" buffer yard must be provided between the subject property and adjoining parcels should additional construction be performed on the site. The existing operation complies with the requirements for area of facility space and open space based on the proffered maximum of eight residents. Compatibilitv with the Citv's Comprehensive and Neiqhborhood Plans The Hollins/Wildwood Area Plan identifies future land use of the subject property as high-density single family use. Policies listed in the plan note that older neighborhoods should retain their current residential character and that zoning should reinforce the existing character. The small-scale of the current structure blends with the residential feel of the surrounding neighborhood. Based on the scale of the operation, its location on the edge of a residential zoning district and the historical ongoing nature of the operation (dating to 1996) the continued operation of the congregate home at its current scale is appropriate. The Comprehensive Plan, Vision 2001-2020, states that the City of Roanoke will support a range of health and human services to meet the needs of its citizens (PE P9). Planninq Commission Discussion The long-term use of the property was discussed as follows: . The Planning Commission asked staff if the use of the property as a congregate home for the elderly would continue indefinitely, including with change in ownership. Staff responded that unlike the previous zoning, where a congregate home for the elderly was allowed by special exception, the operation of a congregate home for the elderly is a use by right in a RMF, Residential Multifamily District and that use would run with the property. . The Planning Commission asked staff if the property would need to be rezoned if there was a desire for future single family use. Staff responded that the property would need to be rezoned since a single-family residential dwelling is not a permitted use in the RMF district. 3 Recommendation By a vote of 5-0, the Planning Commission recommends approval of the requested rezoning and finds that the petition to rezone the subject property from R-5, Residential Single Family District to RMF, Residential Multifamily District, with a condition, is appropriate based on the current scale of the operation. The proffered condition limits the use of the property to a congregate home for the elderly with no more than eight unrelated residents, as it has been used for the past 10 years. This condition is a key consideration in maintaining a residential scale consistent with the intent of the neighborhood plan and the Comprehensive Plan. Respectfully submitted, ~a.R~ Richard A. Rife, Chairman Roanoke City Planning Commission cc: Darlene L. Burcham, City Manager Rolanda Russell, Assistant City Manager for Community Development William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney Charles Calvin Duncan, Jr. and Jeanne T. Duncan, Petitioner 4 6C(,'-'1 CONDITIONAL PETITION TO REZONE IN THE COUNCIL OF THE CITY OF ROANOKE. VIRGINIA IN RE Rezoning of a tract of land lying at 1682 Monterey Road N.E. Roanoke, Virginia 24019. tax number 7310111 containing 1.49 acres more or less, from R5 Single-family District zoning to RMF Residential Multi-family District, such rezoning to be subject to certain conditions proffered by the petitioner. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: Charles Calvin Duncan Jr. and Jeanne 1. Duncan, own the land in the City of Roanoke containing 1.49 acres, more or less, located at 1682 Monterey Road, tax number 7310111, Said tract is currently zoned R-5 Single-family District. A map of the property to be rezoned is attached as Exhibit 1. Pursuant to Section 36.2-541, Code of the City of Roanoke (1979), as amended, the Petitioner requests that the said property be rezoned from R-5, Single-family District, to RMF, Residential Multi-family District, subject to certain conditions set forth below, for the purpose of continuing to operate a Congregate Home for the Elderly. The Petitioner believes the rezoning of the said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will provide an assisted living facilty for the elderly. The Petitioner hereby proffers and agrees that if the said tract is rezoned as requested, that the rezoning will be subject to, and that the Petitioner will abide by, the following conditions: 1. Property will be used for a Congregate Home for the Elderly with no more than eight (8) unrelated residents. Attached as Exhibit 2 are the names. addresses and tax numbers of the owners of all the lots or property immediately adjacent to and immediately across the street from the property to be rezoned. WHEREFORE, the Petitioner requests that the above-described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke, Respectfully submitted this 31 day of May, 2006. Respectfully submitted. By: Charles Calvin Duncan Jr -j Jeanne T. Duncal~___) c.ad'.e:{l,~ Cf-'~ 0. ~ Charles Calvin Duncan Jr. & Jeanne T. Duncan 1682 Monterey Road I P.O. Box 7241 Roanoke, Viriginia 24019 Map Output Page I of I ~~h-t- \ man ''i~: . <:?:~:}".,':'" \.;:~~:r:.?~~~~1 ~~f/ig7q~ ~''';;. ": ".;~~'. ~;::' . . ...,..1--",... --.' -.. ,3 ...., - ..-t';.b'\;"., -<. _, ,.~,:~/,~~:~''''(''~-~...-~':;: ._~'.:~ .." .!?,/AOJo'...",1i:,-.. ,.'.;. .<.,'." ~.,-. - :. .::,~:"':.'~~: ~.~~, :,:':~~'; -. " I ,~.,;( _ - -- . :: ':i..< .~ .~:(?,~..,~~.-~ - ~"..ir;~{~-7~~~;>~. . .'" ,.,.,..,-!. '1' "'--/f"" ~,.,. ,. . '--' ',... ...'- "'" ... '. i";)".' .:.... L:;': :'~. . ,'.' ";;::",'" :.....: ;",., .;.~:...~: :c;..!::......: '.'\"':"'.' ". , .~'. ".,: '..:..,! -' . ,.:-. .,<.{'.~<":,:".;.,, ",:..'..s""', ';-~., .. . ."'" ...::.......! '"." .~. . ~' :...:~; ; . ~. "~"" ~:: ,,:-:.;~ ' ..... ." 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Page 1 of 1 5/31/2006 Exhibit 2 ADJOINING PROPERTY OWNERS TAX NUMBERI STREET ADDRESS 7310110 1672 MONTERY RD NAME OF PROPERTY OWNER RONALD G. & MARTHA T. BENSINGER MAILING ADDRESS 1672 MONTEREY RD ROANOKE, VA 24019 1112 TINKER CREEK LN ROANOKE, VA 24019 215 CHURCH AVE RN 250 ROANOKE, VA 24011 7340101 VALLEY LANDS, INC 1112 TINKER CREEK LN 7320101 CITY OF ROANOKE. VA READ MTN RD. N.E. 7380111 ALBERT G. SNIDER & OPAL WOOD 2402 MASON MILL RD 1723 READ MTN RD ROANOKE, VA 24012 City of Roanoke GIS 1 5 Br C 64,4 @ '" '" OFP-s EFP 12 ~ @ 60 1 s Br 2. 1!2B+1!2BsmtG 25 31 @) BrG 22,6 (568) 12 48 6 @ J 5 .. OMP '5 Image Information Picture Date Image Date Rotate Direction Description Ape. 15, 2004 Jan. 18,2005 Wd Ok @ , J 12 EMF' 16 @) I, http://gis.roanokegov.comlimg_ skelches.cfm?image "path=00000036\00000867,j pg Page 1 of I 5/31/2006 ROS \Q\ 1'"jt>,O 1682 Monterey Road, N.E. Tax Map No. 7310111 ,~ '" i:f '... N A The Roanoke TimeD Roanoke, Virginia Affidavit of Publicatior. The Roanoke Times - - - --- -+--------------- - ----- --- MARY F. PARKER CITY OF ROANOKE CLERK'S OFFICE 215 CHURCH AVE SW RM 456 NOEL C. TAYLOR MUNICIPAL BLDG. ROANOKE VA 24011 REFERENCE: 32143302 9780584 NOTICEOFPUBLICHEARIN . NOTICE OF I PUBLIC HEARING . . [ The Council ,-,f the City of! Roanoke will hoia.:l public hC'i1rmg on Monday, Au~ust 21. 2006, ;H 7:00 p.m.. or as soun thercatler.:ls the- matter maybe htc'<lrd. inthe Council Chamber. fuurth fluor. in thtc' Noel C. T.:I)lor Municipal auildin~. 215 Church A~enue. S.W.. Roanoke. Virginia, to jconsider thll following: IR('quE'~t from Charles C;1I~in I 'Duncan. Jr. and Je-,lnne T. Duncan th.:lt Ilroperty loc.:ltcd , 'at 1682 Monterey Road. IN.E..-becHlng Olficml Tax No'1 17310ll1. bc rezoned from jR-5. Single Family 'Residenti.J1 DI!>tnct. to RMF. '[ReSidential Mulllfilmily. tDistrlct. subject to OIl ,condIt/em !hill !he' u~t' 01 thel ipro;lcrtywlllbclimlte-d tll al 'congregate- hOnle- for the 'elderly with no ~ore Ihilnl lelghtunrlllatedreS1de-nts. I , 'A copy of the I'letlt~on is; available for review m the 'Office 01 the Cilv Clerk.1 'Room 456. Noel C. Tilylor, Municipal Bulldtng. 215 Church A~enue. S.W..I RO.:lnokt!. Vlrgini;!. j All parties HI interest and cltizc'ns ma~ apptlar on the' above date imdbe heilfdon\ the matter. If vou ,HC a ,pcrsonwith <I diSabililYWhOI ne,;,ds ac-commod.Jtio~s for thisllCa!ing.ple.Js<!ccntact tIle City Clerk's Office. al 853-2541. belore noon anI thCl Thul'!oda~ before the d,lte' ofltle hearinglisled above. GIVE~ under nw hand thl.. 1st dav of August. 2006. MaryF'. Parker, City Clerk. (9780584) ___po 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 vl'1~~a. Sworn and subscribed before me this _ ~~___day of August 2006. Witness my hand and O~~litsea1' ~ _ __ ~ _ _ _~Notary Public Myf~ommi s o~ ir s _~-t_1.9__LLL__. PUBGI3P.~D ON: 08/04 08/11 TOTAL COST: FILED ON: ,., --------------------------------------------------+------------------~----- <c' o "" "" :::...~ ~I Billing Services Represe~~ative ,-' !75 309.12 08/11/06 ~~~~~~~::~--~~~--~---, I~~ .4, :!2 i?. E... 0:) ,~-< ~fJ Cj :f.. 1\ ,,/ ]\"OTICE OF PURI.IC HEARIl\'G The Council of the City of Roanoke will hold a public hearing on Monday, August 2 1,2006, at 7:00 p.m., or as soon thereafter as the matter may be hcard, in thc Council Chamber, fourth floor, in thc Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, to consider the following: RCljucst from Charles Calvin Duncan, Jr.. and Jeanne T. Duncan that propelty located at 1682 Monterey Road, N.E., bearing Official Tax No. 7310111, be rczoned from R-5, Single Family Residcntial District, to RMF. Residential Multifamily District, subject to a condition that the use of the propeltywill be limited to a congregatc homc forthe eldcrlywith no more thall eight unrelatcd rcsidcnts. A copy of the petition is available for review in the Office ofthc City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avcnue, S.W., Roanoke, Virginia. All parties in interest and citizens may appear on thc abovc datc and bc hcard on thc maller. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office, at 853-2541, before noon on the Thursday before thc datc of the hcaring listcd above. GIVEN under my hand this lstdayof August ,2006. Mary F. Parker, City Clerk. I. ...,\l"Iof{:'\I'.nl.\T,\'CLLD:,;\(flKES\fJl)....l":-:. Ctt.~KU:~ l"AI.\'['.:.JR. ET UX ["Joc Notice to Publisher; Publish in the Roanoke Times oncc on Friday, August 4, 2006, and Friday, August 11, 2006. Send bill and anidavitto: Mary 1'. Parker. City Clerk 215 Church Avenue, S. W. Roanoke, Virginia 24011 (540) 853-2541 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Chllreh Avenlle, S.W.. Room 456 Rllanokc. Virginia 240l1-1536 Telephone: (540) R.'i::\-:!54 I f:Jx: (54U) 853-] 11\5 [-Ill,lil: ..::Ierk@'ci.ru:ln{,kc.\'a.u!'- STEPHAI'IE ~1. MOON. CMC DepulY Cil)' Clerk August 2, 2006 File #51 SHEILA l'l. JJ..\RTi\IA" Assistant CilY Clerk Mr. and Mrs, Ronald Bensinger Mr. Albert G. Snider Valley Lands, Inc. Ms, Opal Wood Ladies and Gentlemen: Pursuant to provisions of Resolution NO.2 5 52 3 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, August 21, 2006, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W" City of Roanoke, on the request of Mr. and Mrs. Charles C. Duncan, Jr., that property located at 1682 Monterey Road, N. E" identified as Official Tax No. 7310111, be rezoned from R-5, Single Family Residential District, to RMF, Residential Multifamily District, subject to a condition that use of the property will be limited to a congregate home for the elderly with no more than eight unrelated residents. 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 Economic Development at 540-853-1730. 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. 7(~ I L- Mary F. Parker, CMC City Clerk MFP:ew 1.:\CLERK\I).'\TA\CKEWI\Public Hcarings\Public llearing."i 2006\A.UG 06\-'\nomeys and Adjoining Property O\\.ncrs Aug.doc CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue. S,w.. Room -l56 Rnarlllkc. Virginia 24011-1536 Tel;:ph\llle: (54ll) ~.:'H-2:"-1] Fax: l)-l-ll! fiS:--II-L" r::-11l;J~1: ;:-Ied: (<]'.:i.rr..tII"le. \';I.11~ \1:\RY F. I):\RKER. C!\.1C City Ckrk August 2, 2006 File #51 STEI'H;\ME ,1. MOO~. OK D~TlIIY Cily Clerk SHEII.A ~. IIARHIAI' A:-.sislanl CilY Clerk Mr. and Mrs. Charles C. Duncan, Jr. P. O. Box 7241 Roanoke, Virginia 24019 Dear Mr. and Mrs. Duncan: Pursuant to provisions of Resolution No.2 5 523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, August 21,2006, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, 5. W., City of Roanoke, on your request that property located at 1682 Monterey Road, N. E., identified as Official Tax No. 7310111, be rezoned from R-5, Single Family Residential District, to RMF, Residential Multifamily District, subject to a condition that use of the property will be limited to a congregate home for the elderly with no more than eight unrelated residents. For your information, I am enclosing copy of a report of the City Planning Commission and a notice of public hearing. Please review the documents and if you have questions, you may contact Steven J. Talevi, Assistant City Attorney, at 540-853-2431. Questions with regard to the City Planning Commission report should be directed to the Department of Planning, Building and Economic Development at 540-853-1730. It will be necessary for you, or your representative, to be present at the August 21 public hearing. Failure to appear could result in a deferral of the matter until a later date.' , ~':,,!P~ Mary F. Parker, CMC City Clerk MFP:ew Enclosure L:\CLERK\DATA \CKEWl \Public Hr.:urings\Public Hearings 2006'AUG 06\Auome:ys and Adjoining Pwpcrty Ov,l1crs Aug.doc TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE REZONING REQUEST OF: Charles Calvin and Jeanne T. Duncan for property at 1682 Monterey Avenue, N.E., Tax No. 7310111 from R-5 to RMF with condition ) )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 21st day of June, 2006, notices of a public hearing to be held on the 20th day of July, 2006, on the closure captioned above to the owner or agent of the parcels listed below at their last known address: Tax No. Name Address 7310110 Ronald and Martha Bensinger 1672 Monterey Road Roanoke, VA 24019 7340101 Valley Lands, Inc. POBox 32488 Charlotte, NC 28232 7320101 City of Roanoke 7380111 Albert G Snider Opal Wood 2402 Mason Mill Road Roanoke, VA 24012 Notice also sent to Adrian Lewis, President, Wildwood Civic League, 2538 Belle Avenue, NE, 24012 'fh~ fJrLu #r~ Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 21st day of June, 2006. C~LP K m~ Notary Public My Commission Expires: II ) :-? () ) ()(( / ~ NOTICE OF PUBliC HEARING BEFORE THE CITY OF ROANOKE PLANNING COMMISSION TO WHOM IT MAY CONCERN: The City of Roanoke Planning Commission will hold a public hearing on Thursday, July 20, 2006, 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., Roanoke, Virginia, to consider the following: Request from Charles Calvin Duncan, Jr. and Jeanne T. Duncan that property located at 1682 Monterey Road, N.E., bearing Official Tax No. 7310111, be rezoned from R-5, Single Family Residential -- District;-to RMF~ Residential Multifamily-District, subject to a- condition that the use of the property will be limited to a congregate home for the elderly with no more than eight unrelated residents. A copy of the petition is available for review in the Department of Planning Building and Economic 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 with a disability who needs accommodations for this hearing, please contact the Department of Planning Building and Economic Development at 853-1730 before 12:00 noon on the Tuesday before the date of the hearing listed above. Martha P. Franklin, Secretary City Planning Commission Please print in newspaper on Tuesday, July 4 and 11, 2006 Please bill: Charles Calvin Duncan and Jeanne T. Duncan 1682 Monterey Road PO Box 7241 Roanoke,VA 24019 Please send affidavit of publication to: Martha Franklin . Planning Building and Economic Development Room 166, Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 (540) 853-1730 ,.~;t-:-:tl:\ '- .-.\ ".:;. ... -...., -. . ~ '.'1 - . I , .'/ ~ .~/ ..~....-..,.:)-' .... ",.-~ ~,'':''-' CITY OF ROANOKE OFFICE OF THE CITY CLERK 2] 5 Church Avenue. S.W.. Room 456 R"ilIloke. Virginia 2<10] 1-] 536 Tekpl1l1ne: t 5-10) R5J-~54] bl.';: (540) 853-11-15 Email: clerkti:ci.roanllkc.\"a.u!< STEPIIA~)F. M. MOON, CMC Deputy City Clerk MARY), I'ARKER. CMC City C1cr k SHEII.A N. II;\Rn1A~ A~~isr:lll1 Cit)' Clerk June 2, 2006 File #51 Richard A. Rife, Chair City Planning Commission 1326 Grandin Road, S. W. Roanoke, Virginia 24015 Dear Mr. Rife: Pursuant to Section 36.2-540(c)(4) 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 June 1, 2006, from Charles C. Duncan, Jr. and Jeanne T. Duncan, requesting that a tract of land containing 1.49 acres, more or less, located at 1682 Monterey Road, N. E., identified as Official Tax No. 7310111, be rezoned from R-5, Residential Single Family District, to RMF, Residential Multi-family District, subject to certain conditions proffered by the petitioners. ;:::~ 1. ~ Mary F. Parker, CMC City Clerk MFP:ew Enclosures I \rl I=la"q)A"r ...'(.....I:V..1\REZ(l'lI~G :\~~D STREeT CI.O~l:RE;RC'lOII'"F_~' S:reC'1 ....!ley L'~"nunc:lR - 1t'82 M(\r.t~. Rd d"c Richard A. Rife, Chair June 2, 2006 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council The Honorable Gwendolyn W. Mason, Council Member - Elect, 3841 Bosworth Drive, S. W., Roanoke Virginia 24014 The Honorable David B. Trinkle, Council Member - Elect, 2855 S. Jefferson Street, Roanoke, Virginia 24014 Mr. and Mrs. Charles C. Duncan, Jr., P. O. Box 7241, Roanoke, Virginia 24019 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 Ian Shaw, Senior Planner I. '.CI."RK\1)ATA'CKF.WI;REZO~~G ^"D S"I REc"1 CLOSlIRF.\Rez(lTlings - Stree1 Alley 06'Dl:Tlcan. I/Jll: M('lll1ere~' Rd do.: CONDITIONAL PETITION TO REZONE IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Rezoning of a tract of land lying at 1682 Monterey Road N.E. Roanoke, Virginia 24019, tax number 7310111 containing 1.49 acres more or less, from R5 Single-family District zoning to RMF Residential Multi-family District, such rezoning to be subject to certain conditions proffered by the petitioner. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: Charles Calvin Duncan Jr. and Jeanne T. Duncan, own the land in the City of Roanoke containing 1.49 acres, more or less, located at 1682 Monterey Road, tax number 7310111. Said tract is currently zoned R-5 Single-family District. A map of the property to be rezoned is attached as Exhibit 1. Pursuant to Section 36.2-541, Code of the City of Roanoke (1979), as amended, the Petitioner requests that the said property be rezoned from R-5, Single-family District, to RMF, Residential Multi-family District, subject to certain conditions set forth below, for the purpose of continuing to operate a Congregate Home for the Elderly. The Petitioner believes the rezoning of the said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will provide an assisted living facilty for the elderly. The Petitioner hereby proffers and agrees that if the said tract is rezoned as requested, that the rezoning will be subject to, and that the Petitioner will abide by, the following conditions: 1. Property will be used for a Congregate Home for the Elderly with no more than eight (8) unrelated residents. Attached as Exhibit 2 are the names, addresses and tax numbers of the owners of all the lots or property immediately adjacent to and immediately across the street from the property to be rezoned. WHEREFORE, the Petitioner requests that the above-described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this 31 day of May, 2006. Respectfully submitted, ~ Jeanne T. Duncan..-/ :J./J~ By: Charles Calvin Duncan Jr. & Jeanne T. Duncan 1682 Monterey Road I P.O. 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'-1 .1 ..I -,'I ., -. :.' 'J , . ..l .r:) "0'" )....... ." ; I ...J'J ..:" '1 ROS '~~.i& _ .':1' .~: . ....~i~~~.-~>l:~;.,. '.ll!. ,t'i!f<\.- ';;:f:p .l?~""s_': .' ,.. i ., , I <~; .f.:~~ "',~~@, '~~lI~ft_ http://gis,roanokegov.com/servletlcom.esri .esrimap.Esrimap?ServiceName=rnke&ClientV... 5/31/2006 Exhibit 2 ADJOINING PROPERTY OWNERS TAX NUMBER! STREET ADDRESS 7310110 1672 MONTERY RD NAME OF PROPERTY OWNER RONALD G. & MARTHA T. BENSINGER MAILING ADDRESS 1672 MONTEREY RD ROANOKE, VA 24019 1112 TINKER CREEK LN ROANOKE, VA 24019 215 CHURCH AVE RN 250 ROANOKE, VA 24011 7340101 VALLEY LANDS, INC 1112 TINKER CREEK LN 7320101 CITY OF ROANOKE, VA READ MTN RD. N.E. 7380111 ALBERT G. SNIDER & OPAL WOOD 2402 MASON MILL RD 1723 READ MTN RD ROANOKE, VA 24012 City of Roanoke GIS 15 Br C 64.4 (@) ,., ,., OFP-s EFP t2 (2m) @ 60 1 s Br 26 1I2B+1I2BsmtG 25 31 @ BrG 22.6 (588) 12 48 6 s .. OM? @) 16' Image Information Picture Date Image Date Rotate Direction Descr; plion ApI. 15, 2004 Jan. 18. 2005 WdOk @ 'J 12 EM? 16 (@ htlp:l/gis.roanokegov .comlimg...sketches.ctin?i mage yath=00000036\00000867.j pg Page 1 of I n, ~. . ., ." 5/3 1/2006 Zoning Amendment/Conditional Rezoning Filing Compliance Statement Petitioner: &~s a I 1 Q,Vl ~ Q, '1) [.lv'! c~ Date J~ I \ b~ Petition Includes: -f /' 3. L 4. -V 5. 6. 1. 2. Name, address and phone number of petitioner Names, signatures and addresses of the owner or owners of the lots or property including in the proposed change Description of the purpose for the requested zoning district classification and the proposed use of the property. Concept plan outlining features of the proposed use of the property including buildings, parking, access, and similar features; Map of the area requested for rezoning; Names, addresses and official tax numbers of owners of the lots or property immediately adjacent to and those directly opposite thereto. Filing Fee: $ ttJo 00 ,- U2CQ~ =-- Secretary, City Planning Commission /. Ljtf If? Fee Schedule Rezoning to Residential Districts Rf\. R-12. R-7, R'5, R'3, RM-l, RM.2. RMF 5600 i 525 per acre or any portion Rezoning to Commercial Districts CN, CG, CLS 5900 + 525 per acre or any portion Rezoning to Industrial Districts 1-1. 1-2 $900 ..,. S2~ per acre or any portion Re;oning to Special Purpose Districts 0, Oowntown MX, Mixed Use IN, Institutional District ROS, Recreation and Open Space AD, Airport Development $C)OO - S25 per acrE! or and portion Rezoning to Planned Unit Developments Districts MXPUD, Mixed PUD INPUD. Institutional PUD JPUD, Industrial PUD ~ 1.000 + $,25 per acre or any portion Rezoning to Overlay Districts 1-1-1, Historic Downtown H-2, Neighborhood Historic NO. Neighborhood Design RCC. River and Creek Corridor CS. Comprehensive Sign Si50 Amendment to Proffered Conditions $500 CITY OF ROANOKE OFFICE OF THE CITY CLERK MARY I': PARKER. ole Cily Clerk 215 ehun.'h Avenue. S.\\.i.. Room 456 R"'Uloke. Virginia 2.J01 1-1536 Te:h:pll(1f:e /5-lllJ $5_1.-25.~l Fax: l;i.H11 ;:(53-1 ]-l-S F.m:lil" ckd:~f,.'ci.f(li!!ll)kc.\"3..lI::' STEPIL\"IW M. '1001'. eMC D..:puty City Clerk SHEIL.-\ ,~. HARTMA"I .\:,.~l~t:ml Cil) Clerk August 24, 2006 File #424 Richard A. Rife, Chair and Members of the City Planning Commission Roanoke, Virginia Dear Ms. Prince and Gentlemen: I am enclosing copy of Ordinance No. 37517-082106, approving the Greater Deyerle Neighborhood Plan, and amending Vision 2001 - 2020, the City's Comprehensive Plan to include the Greater Deyerle Neighborhood Plan, and repealing the 1990 plan previously adopted for the Greater Deyerle Neighborhood. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 21 , 2006, and is in full force and effect upon its passage. Sincerely, /J ("\ ~ ). r ~~.~ Mary F. Parket, CMC City Clerk MFP:ew Enclosure pc: Robert A. Clement, Jr., Neighborhood Services Coordinator, Roanoke Neighborhood Partnership Troy J. Smith, President, Greater Deyerle Neighborhood Association, 3749 Chesterton Street, S. W., Roanoke, Virginia 24018 Darlene L. Burcham, City Manager Rolanda B. Russell, Assistant City Manager for Community Development Steven J. Talevi, Assistant City Attorney Martha P. Franklin, Secretary, City Planning Commission l:\ClERKlDATA\CKEW1\AGENDA CORRESPONDENCElagenda correspondence 06\Aug 06\Aug 2106 cor.doc J~\)( IN THE COUNCIL OF THE CITY OF ROA1\OKE, VIRGINIA The 21st day of August, 2006. No. 37517-082106. AN ORD]1\ANCE amending Vision 2001-2020, the City's Comprehensive Plan, to include the Greater Deyerle Neighborhood Plan, such plan containing six priority initiatives: zoning; residential development, including the development o[ housing clusters; transportation, including maintaining the residential character o[ the neighborhood streets; stomlwater management; pedestrian amenities, including sidewalks, grcenways or trails; and public park [aeilities; repealing the 1990 plan previously adopted [or the Greater Deyerle Neighborhood; and dispensing with the second reading by title of this ordinance. WHEREAS, on July 20,2006, the Greater Deyerle Neighborhood Plan dated Ju]y 20, 2006 (the "Plan"), was presented to the Planning Commission; WHEREAS, the Plalming Commission held a public hearing on that date and recommended adoption of the Plan and amendment of Vision 200] -2020, the City's Comprehensive Plan, to include such Plan, and repeal of the 1990 plan previously adopted by City Council for the Greater Deyerle Neighborhood; and WHEREAS, in accordance with the provisions of ~ I 5.2-2204, Code of Virginia (1950), as amended, a public hearing was held before this Council on Monday, August 2 I, 2006, on the proposed Plan, at which hearing all citizens so desiring were given an opportunity to be heard and to present their views on such amendment. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as 101l0ws: 1. That this Council hereby approves the Grcater Deyerle 1\'eighborhood Plan datcd July 20, 2006, and amends Vision 2001 - 2020, the City's Comprehensive Plan, to includc the Greatcr Dcyerle Neighborhood Plan datcd July 20, 2006, as an clement thcreof, and repeals the ] 990 plan prcviously adopted by City Council for the Greater Deycrle Ncighborhood. 2. That the City Clerk is directcd to forthwith transmit attested copies of this ordinance to the City Planning COlllmission. 3. Pursu3ntto the provisions of ~12 of the City Charier, the second reading of this ordinance by title is hercby dispensed with. ATTEST: ."7 f) f\,~, J. r~~~ City Clerk. CITY OF ROANOKE PLANNING BUILDING AND DEVELOPMENT 215 Cllur"', Awnllr. S.W.. Room 1M, Roanuke. Vir~inia 2~OIl Tdephone: <SolOI H5.'-IBO Fax: 15401 H53-1230 E-mail: planlling(r!.cLroanokc.."a.us .\n:hill'dunll Kl'\ic" liliai'll nll:JI'II"rZ"nill~ .\IIIlt'al' Phmnil1J! ('nllllllh~illn August 21 , 2006 Honorable C. Nelson Harris, Mayor Honorable David B. Trinkle, Vice Mayor Honorable Alfred T. Dowe, Jr., Council Member Honorable Beverly T. Fitzpatrick, Jr., Council Mayor Honorable Sherman P. Lea, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Brian J. Wishneff, Council Member Dear Mayor Harris and Members of City Council: Subject: Amendment to Vision 2001-2020, the City's comprehensive plan. to include the Greater Deyerle Neighborhood Plan, such plan containing five priority initiatives to affect physical design and land use patterns, and residential development, including the development of housing clusters, economic development, transportation and pedestrian amenities, public services and facilities, and the quality of life in the neighborhood, through the creation of public greenways, trails and parks. Planning Commission Action: Planning Commission public hearing was held on Thursday, July 20, 2006. Bya vote of 5-0 (Messrs. Chrisman and Manetta absent), the Commission recommended approval of the plan and repeal of the 1990 neighborhood plan. Background: The Greater Deyerle Neighborhood Plan covers an area in the far southwest of the City and is bounded by the Norfolk Southern railroad tracks to the north, the neighborhoods of Greater Raleigh Court and Grandin Court to the east, and the City of Salem and Roanoke County collectively to the north, west and south. Three public workshops were held with residents and business owners of the area by staff in the winter and spring of 2006. The original Greater Deyerle Neighborhood Plan was adopted by City Council in 1990. This plan will be the first neighborhood plan in the City to have a second edition. Adoption of this plan will provide a long-term planning vision for the neighborhood that reflects the policies of Vision 2001-2020, the City's comprehensive plan. Considerations: During the workshops several positive features of the area were cited that need to be maintained: . Homes are in very good condition, and pride is taken in care of private property . The natural environment is attractive and also gives the neighborhood a sense of place and identity. . Proximity to commercial services; economically the area is healthy overall . Low crime rate Staff noted the following issues in the plan that need to be addressed: 1) Achieving a balance between maintaining the original character and density of the neighborhood, while accommodating future growth. 2) Impact of commercial uses on residential properties. 3) Maintaining the residential character of the neighborhood's streets. 4) Storm water runoff. 5) Lack of pedestrian amenities. 6) Desire of the neighborhood to have a public park. To address these issues, the plan features six priority initiatives: . Zoning: 1.) Maintain the existing general land use patterns, while giving greater consideration to specific zoning changes in accordance with the recommendations of this plan. 2.) Maintain the current residential zoning on Keagy Road. . Residential Development: Promote the development of housing clusters where possible to provide housing and preserve green space. . Transportation: Maintain the residential character of the neighborhood's streets. . Storm water Management: Identify and complete the most vital storm water projects in the neighborhood. This is the highest capital improvement priority of this plan. · Pedestrian Amenities: Provide a network of pedestrian improvements to link residents with the edges of the neighborhood. Consider on-street facilities, such as sidewalks, and off-street facilities, such as greenways or trails. . Public Park Facilities: Evaluate the potential for a public park in the neighborhood. Recommendation: By a vote of 5-0, the Planning Commission recommends approval of the Greater Deyerle Neighborhood Plan for adoption as a component of Vision 2001-2020, and repeal of the 1990 plan for this neighborhood. Respectfully submitted, . 1?~a.reA Richard A. Rife, Chairman Roanoke City Planning Commission cc: Darlene L. Burcham, City Manager Rolanda Russell, Assistant City Manager William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney . IN THE PLANNING COMMISSION OF THE CITY OF ROANOKE, VIRGINIA This 20tt, day of July, 2006 A RESOLUTION recommending the adoption of the Greater Deyerle Neighborhood Plan as an element of the City's Comprehensive Plan. WHEREAS, a series of community workshops were held in the Greater Deyerle neighborhood to gain input into the plan; WHEREAS, the draft plan has been reviewed by the neighborhood, city staff, and the City Planning Commission; and WHEREAS, the Greater Deyerle Neighborhood Plan has been advertised in accordance with Section 15.2-2204 of the Code of Virginia (1950), as amended, and pursuant to that notice, a public hearing was held on July 20, 2006, at which all persons having an interest in the matter were given a chance to be heard. BE IT RESOLVED by the Planning Commission of the City of Roanoke that it recommends to City Council that the Greater Deyerle Neighborhood Plan, dated July 20,2006, be adopted as an element of the City's Comprehensive Plan, and that by signature of its Chairman below, the Planning Commission hereby certifies the attached copy of the neighborhood plan to City Council. ATTEST: {U,J VI ik Chairman GREATER DEYERLE DRAFT NEIGHBORHOOD PLAN As recommended by the Planning Commission on July 20, 2006 Table of Contents: Chapter Page Introduction 1 Community Design 10 Residential Development 19 Economic Development 27 Transportation 33 Infrastructure 41 Public Services 47 Quality of Life 49 Introduction The Greater Deyerle neighborhood is located in the southwestern portion of the City of Roanoke adjacent to the City of Salem and Roanoke County, It is bounded by Brandon Avenue, Electric Road (US 419), and Grandin Road. The neighborhood is south of the Lewis-Gale Medical Center and Hospital. The Greater Deyerle neighborhood encompasses numerous subdivisions and areas that in the past were referred to as neighborhoods unto themselves. As the area has grown from development both within and on the outskirts of these boundaries, common characteristics and issues have brought the community together, as reflected by the representation of the Greater Deyerle Neighborhood Association (GDNA). Due to its proximity and impact, this plan also includes a commercial and industrial district north of Brandon Avenue, which is not within the boundaries of the GDNA. Greater Deyerle is approximately 2.5 square miles in size and has a rolling topography with numerous small lakes, greenspace, streams, and pasture land. It has a population of 3,81 0 people and a lower population density than that of most Roanoke neighborhoods. The area is largely residential, with well-maintained homes on large lots of land. Over the last 50 years, Greater Deyerle has gradually transitioned from a sparsely populated rural area to a low-density suburban community surrounded by commercial development on its edges. Residents of the area take pride in the high quality of life of their neighborhood, and have concerns about potential negative effects of higher density residential and commercial development. Development History The first settlements in the region began in the early 1700's with German and Scots-Irish immigration from Pennsylvania. Significant land development and population growth began in the early 1800's with the establishment of mills and farms. The Roanoke Valley region attracted farmers that developed diverse agricultural cash crops such as hemp, wheat, corn, and other grains. Livestock was also important. Commercial growth however, was slow because of a lack of navigable waterways and major streets. But by the 1840s turnpike roads began being constructed and Roanoke County had been formed from Botetourt County in 1838. In 1852, the extension of the Virginia and Tennessee Railroad into Big Lick solidified the regions' growing economy. This important transition time in the history of Roanoke is best represented by the local farmer and builder Benjamin Deyerle (1806- 1883). Deyerle, the grandson of German immigrant Peter Deyerle, was a large-scale farmer with tracts of land in Roanoke County (specifically the Greater Deyerle neighborhood) and Franklin County where he raised wheat, corn, tobacco, and cattle. He also operated a prosperous mill, a general store, and a large whiskey distillery. Mostly known as a builder, Deyerle himself was credited with constructing some of the finest homes in the Roanoke Valley, Two of these significant properties are listed on the National Register of Historic Places and are located in the Greater Deyerle neighborhood: Lone Oaks, which was his home, and the plantation home Belle Aire. However, recent documentation by local architectural historian Michael J. Pulice, confirms that Benjamin actually worked closely with his half-brother Joseph Deyerle on many of the buildings and used their large workforce of adult and adolescent male slaves. Benjamin and Joseph relied heavily on Charles Lewis, a skilled bricklayer, whom they had bought in Richmond, VA. In a later letter, Charles's son Peyton M. Lewis (also a former Deyerle slave) described his father as "a great distiller of whiskey and a great brick molder and layer who laid the bricks in the houses of Benjamin Deyerle.. .and many others in Roanoke...." Pulice also noted that Benjamin was described as "literate, well-mannered, honest, and punctual." The building career of Benjamin Deyerle spanned from 1845 until 1866, and like many of the more prominent dwellings built in the valley at the time, they were constructed in the Creek Revival style. They were of brick, with two-stories and low-pitched hip roofs, and accented with decorative treatments derived from Boston architect Asher Benjamin's popular pattern books. Lone Oaks (also known as Winsmere), a spacious plantation house built along Mud Lick Creek (Grandin Road), is one of the best examples of the Greek Revival style found in Roanoke. Built in 1850 , on a tract known as Mud Lick, which included Deyerle's mill, Lone Oaks replaced Deyerle's former log house. Four brick outbuildings were built on the site at the same time and included two-story quarters with kitchen, a storehouse, a kiln, and a spring house located over the creek. Belle Aire, the other Deyerle house in the neighborhood listed on the National Register, was erected in 1849 for Madison Pitzer (1 799- 1861) and his wife Margaret. Belle Aire, located on what is now Belle Aire Circle, was constructed on a knoll overlooking Pitzer's 1 ,600-acre tract that spanned to the south bank of the Roanoke River. Pitzer prospered with wheat and tobacco production but further capitalized when the James River & Kanawha Canal opened to Buchanan in 1851 and with the building of the Virginia Railroad in 1852. These new transportation routes provided easier access for his crops into a broader European market. The imposing Greek Revival manor house reflected his wealth, and its classical detailing denotes the heavy influence of Asher Benjamin and his popular pattern book, The Practical House Carpenter(1830). These details were used by Gustavus Sedon (1820 - 1893), a talented local carpenter, who worked for Benjamin and Joseph, and who played a major role in Belle Aire's design, Sedon, a German immigrant, settled in Roanoke County by 1850, and married Catherine Statler in 1851. In 1852, he built his own two- story brick home, Boxwood Summit, on what is now Bruceton Road. The house was built in the Greek Revival style using his hand-carved mantels and handmade furniture, and remains in good condition today. Although his woodworking skills are evident on some of the finest buildings in the Valley, including some at Hollins College, Sedon like many men of the time also dealt in groceries and farm produce. During the 19th century, Roanoke County remained agrarian, while Salem and Big Lick diversified with a base of goods and services. Although the building of the Shenandoah Railroad in 1881 increased the economic base of the valley, the most important economic activity at the turn of the 20th-century was still agriculture. Significant additional development did not occur until the early 1900's when automobile ownership made the area more accessible, at which time the number of J operating farms also began to decline. In Roanoke County, many men quit full-time farming to take jobs in industry. Remnants of several large farms remain in the neighborhood from between the 1880s and World War II, as well as some good examples of architecture. Some architectural examples include an elaborate Queen Anne farmhouse, a large brick American Foursquare, and a unique Colonial Revival style dwelling with Craftsman influence. The neighborhood also includes an atypical, circa 1 930s, vertically constructed log cottage. Following World War II, a real building boom began. Most of the houses in the neighborhood were built in post World War II subdivisions, Following this growth, the City of Roanoke annexed the Greater Deyerle Neighborhood in 1976 after requests from the neighborhood for city sewer and water service. Concerning other significant historic properties, Greater Deyerle contains two identified archaeological sites. Site 44RN28, adjacent to Mud Lick Creek is a significant site because of its length of occupation, from prehistoric times to the early 18th-Century. Site 44RN29 is located adjacent to Grandin Road and was occupied between 1500 B.C. and 1600 B.C. This site has been partially destroyed and both sites warrant further investigation. Additionally, while some individual houses appear eligible for listing on the National Register, there are no potential historic districts within the Greater Deyerle neighborhood. -I Population Characteristics Since 1990 the population of Greater Deyerle has increased 14%, from 3,338 people to 3, 810 in 2000, with racial diversity increasing at a proportionally high, yet overall low rate. Table 1 clearly shows the two factors that have impacted the neighborhood's demographic makeup in recent years; household size and the number of older residents, The number of households has increased at a rate of twice that of the population increase. This illustrates a Citywide and national trend of smaller households. With smaller household sizes, the overall population may not increase as much, but the demand for public services and impact on the environment can increase substantially. The neighborhood's population is aging, with a notably high increase in the senior population. At the same time, the number of children and young adults has decreased. There are two obvious factors that may explain this trend. The rise in the senior population is partially attributable to long-term residents simply staying in the neighborhood and getting older. A major factor is the development and expansion of the Brandon Oaks retirement facility, which has added to the large increase of seniors. T bl 1 P I' D h' a e opu atl.<>n emoaraot ICS I Percentage 1990 2000 Change .--.-. ., . Total Poculation _ _},338 3,810 14% Households 1,505 1,921 28% \,\'~_ite 3,187 3,594 13% Black 115 145 26% Other Races 36 71 97% Two or more races n!a 34 n!a 0-19 Years Old 684 633 -7% 20-34 Years Old 433 323 -25% 35-64 Years Old 1,293 _J~).~_ 10% 65 Years and Over 928 1,435 55% Source: U.S. Census Bureau, Census 1990 & 2000, Tract 21 .5 Table 1 also suggests that the neighborhood is attracting more' middle-aged and senior citizens than young adults. Table 2 shows the percentage of each age group relative to the neighborhood and the City as a whole. The categories of 19 and under and 65 and over, demonstrate a trend towards more old residents and fewer children than the rest of the City. Table 2. Population Age Distribution: Area and Citywide , I Area CitYWide , _.._........~. Persons Percentaae Persons Percentaae 0-19 Years Old 633 17% 23,455 25% 20 34 Years Old 323 8% 20,146 21% ....,--- .-.. 35-64 Years Old 1,419 37% 3.?75Q 38% 65 Years and Over _l,43_~ 38% 15.560 16% u n, ,- Total 3810 100% 94.911 100% ,- Source: u.s. Census Bureau, Census 2000. Tract 21 Greater Deyerle has an educated population relative to the City. Table 3 shows that 40% of the neighborhood's residents over the age of 25 have a bachelor's degree. In addition, the neighborhood has a very low percentage of residents with less than a high school education when compared to the City average. Table 3.Educational Attainment, 25 years of aae and over I City of Roanoke , Education Level Total Percentage_ Averaae -----. ........-.-........- Less than Hinh School 252 8% 24% Hioh School 630 20% 30% Some Colleoe 839 27% 21% Associate's Dearee 145 5% 6% , Bachelors Dearee 827 27% 12% ~Gr'!dua_te__or Professional 414 13% 7% Total______ 3107 ._...100% 100% Source: u.s. Census Bureau. Census 2000, Tract 21 (i Neighborhood Organization The Greater Deyerle Neighborhood Association (GDNA) was formed in 1986, by a handful of concerned citizens and now has over 250 members. The association's purpose is to address many neighborhood issues such as housing, traffic, environmental quality, economic development, and historical and cultural resources. GDNA holds quarterly neighborhood meetings, publishes a quarterly newsletter, and is governed by an Association Board that is elected to annual terms by its membership. It currently has three committees on which members can serve, the Nominating Committee, the Parks/Greenway Committee, and the Traffic Committee. There are also "area captains" that act as spokespersons for their section of the neighborhood, deliver newsletters, and hold area meetings when necessary. Neighborhood Planning The City of Roanoke completed a neighborhood plan for the Greater Deyerle neighborhood in 1990. This plan was one of the last neighborhood plans completed under the 1985 Roanoke Vision Comprehensive Plan. In 2001, the City adopted a new Comprehensive Plan, Vision 2001-2020. This neighborhood plan better reflects the updated policies of Vision 2001-2020. Neighborhood Plans are official documents that are adopted by City Council and become part of the Comprehensive Plan. Planning staff held three public meetings with the neighborhood in the spring of 2006. The first two were held to gather citizen input, and in the final meeting staff presented a draft of the plan. Prior to the first meeting notices were mailed to all residents and property owners in Greater Deyerle to inform them of the meeting schedule. 7 Plan Elements Discussion in this plan is organized into six major Plan Elements: . Community Design . Residential Development . Economic Development . Transportation . Public Services & Facilities . Quality of Life The Community Design element looks at physical design features and land use patterns. Residential Development addresses existing and new housing opportunities. Economic Development deals with commercial and industrial development in the neighborhood. The Transportation element evaluates vehicular and pedestrian transportation systems. The Public Services & Facilities element assesses Fire/EMS, police, libraries, schools, and utility systems. Finally, the Quality of Life element addresses recreational opportunities, historic resources, environmental issues, and community involvement. Each plan element contains information about current conditions and issues. " " Priority Initiatives Based on resident input and the staff's evaluation of conditions in Greater Deyerle, five items have been identified as the priority initiatives of this plan: . Zoning: 1.) Maintain the existing general land use patterns, while giving greater consideration to specific zoning changes per the recommendations of this plan. 2.) Maintain the current residential zoning on Keagy Road. . Residential Development: Promote the development of housing clusters where possible to provide housing and preserve green space. . Transportation: Maintain the residential character of the neighborhood's streets. . Stormwater Management: Identify and complete the most vital stormwater projects in the neighborhood. This is the highest capital improvement priority of this plan. . Pedestrian Amenities: Provide a network of pedestrian improvements to link residents with the edges of the neighborhood. Consider on-street facilities, such as sidewalks, and off-street facilities, such as greenways or trails. . Public Park Facilties: Evaluate the potential for a public park in the neighborhood. l) Community Design Over the course of the neighborhoods' development, the area has undergone a gradual transition from a rural to a suburban landscape. Suburban development is characterized by an orientation to the automobile, wide streets that enable higher traffic speeds, subdivisions of large single-family houses with large front, back, and side yards, and shopping centers and strip commercial establishments with large parking lots in front. While Greater Deyerle doesn't exhibit all of the aforementioned traits in textbook fashion, its form and function are that of a suburban neighborhood. Development increased slowly but steadily since the area was annexed by the City. However, most of the neighborhood predates annexation. While the neighborhood has grown steadily, it still has one of the lowest populations of any in the City. The majority of development occurred after World War II. Almost 92% of the structures in the area were built after 1945, with the 1950s experiencing the greatest building boom. When the City annexed Greater Deyerle in 1976, the neighborhood was well established with a few large-lot farms with houses and several single-family subdivisions. Architectural styles vary by subdivision, by and large corresponding to their respective era. This is evidenced by the high number of single- story and split-level houses. Out of 1 ,259 single-family houses in Greater Deyerle, 59% (742) are listed as single-story structures, while only 19% (238) have two stories. Greater Deyerle experienced building spurts in various periods of the 20th Century, and the diversity of housing styles found in the neighborhood reflects the evolution of American home building since the late 1 800s. Accordingly, modern styles that emerged during the post-World War II era are the most prominent. These include Minimal Traditional, Ranch, Split-level and Contemporary. Other styles found in the neighborhood include Colonial Revival, Gable-front (Greek Revival,-FolkJ, Neocolonial, Tudor, and Georgian. The undulating terrain contributes to the rural character that many residents have cited as one of the greatest attributes of the area. The 10 majority of the residential streets do not have a defined shoulder, curb, gutter or sidewalk. Drainage ditches are found on many streets as a means of channeling stormwater. Several newer subdivisions have curb and gutter per the requirements of the subdivision ordinance. The street pattern is defined by rural arterial streets and suburban neighborhood streets, with quite a few cul-de-sacs and dead ends, Most of the older residential streets are narrow, between 20 - 25 feet in width, while more recently developed residential streets are between 30 - 35 feet wide. Most, if not all, houses have driveways and parking areas accessible from the street, as there are no alleys in the neighborhood for rear access. Four arterial streets serve the neighborhood, Brandon Avenue, Electric (US Route 419), Mud Lick and Grandin Roads. Three of these, Brandon Avenue, Electric (US Route 419), and Grandin Roads are on the edges of the area. Brandon Avenue is the northern border of the neighborhood's residential core. It is a four-lane commercial corridor on US Route 11 that links Roanoke with the City of Salem where it becomes Apperson Drive. It was widened to four lanes in the mid 1 990s. The section of Grandin Road commonly referred to as Grandin Road Extension, is the southern border of the neighborhood and is a winding two-lane street that connects the Raleigh Court and Grandin Court neighborhoods to Electric Road. Electric Road is a heavily traveled four- lane highway. It is the dividing line between the City and Roanoke County on the western edge of the neighborhood. It is part of Route 419, which serves as the Roanoke Valley's 'beltway,' providing a semi-circle from north to south around the western edges of the City. Mud Lick Drive is the main arterial street within the neighborhood, connecting Brandon Avenue and Grandin Road. Like Grandin Road, it is a winding two-lane street that was designed to serve a rural area. It has several hills and turns which limit peripheral views for drivers as they approach them. Overall, Greater Deyerle is not conducive to pedestrian movement - a point cited by many neighborhood residents in a survey conducted by the Greater Deyerle Neighborhood Association. The vast majority of the streets were not only built without curb, gutter and sidewalk, but would also pose challenges and great expense to retrofit such improvements II today, due to their grade and the prevalence of drainage ditches. While the lack of sidewalks poses some inconvenience and a safety hazard to pedestrians, at the same time the design of the streets has helped preserve the rural character of the neighborhood by keeping pavement width to a minimum and following along the natural terrain. Wider or more level-graded streets would disturb the environment more and encourage higher traffic speeds. The design of streets is typically the most pivotal aspect in defining a neighborhood's development pattern and character. Adding curb, gutter and sidewalk to rural streets requires development of additional right-of-way and thus impacts the adjoining properties both aesthetically and environmentally. A crucial recommendation of this plan is to focus pedestrian improvements in off-street facilities, such as trails and greenways. Off- street pedestrian facilities will be less expensive than curb, gutter and sidewalk, and will not increase stormwater runoff or alter the character of the neighborhood's streets. Zoning and Land Use The core of the area is a single-family residential neighborhood, with commercial and multifamily development on the edges. Brandon Avenue and Electric Road are both four-lane commercial corridors that border the neighborhood and offer a variety of services. The concentration of single-family houses is as high as any neighborhood in the City, and has long been cited as its foremost attribute. Commercial development on the fringes of the area has sparked opposition from the GDNA and neighborhood residents in recent years, Most of the neighborhood south of Brandon Avenue is zoned R-7 or R-12, Residential Single-family District. The minimum lot size to develop these properties is 7,000 or 12,000 square feet, respectively. In December of 2005 Roanoke adopted a new zoning ordinance. The new ordinance has enhanced development standards over the previous one with respect to landscaping, parking and lighting. Some new districts were created, yet most are comparable to the previous districts 12 in terms of permitted land uses. As the zoning and land-use maps illustrate, the update of the zoning map did not change any district in Greater Deyerle to render current land uses non-conforming. Non- conforming uses are those land uses that are not permitted in a given zoning district, yet are grandfathered and allowed to remain, but not expand. The mapping of the zoning districts in Greater Deyerle by and large maintains the existing development pattern; residential and commercial properties are zoned accordingly. The new zoning ordinance will impact the features of new development and any addition or alteration to existing development, however the overall land-use categories, e.g. residential, commercial, etc., have remained principally the same. The rationale for maintaining similar boundaries for these districts in the update of the new ordinance is that the land uses are appropriate in their locations. ~__n,,__ Table 4: ExistinQ land Use in Greater Deverle # of % of land Use Parcels Acres Neiahborhood Commercial! Industrial 88 , 187 13 Multi-.Familv , 19 : 45 3 : Sinale,-Familv 1,259 947 66 , Institutional 7 37 2 Public Services 2 42 3 Vacant 218 183 ' 13 Total s ------.. 1 593 1441 : 100 Source: City of Roanoke, Department of Real Estate Valuation Most of the existing commercial development in the area is of a suburban design with little regard for pedestrian access and landscaping to reduce storm water runoff. The suburban development pattern of the area was encouraged by past market trends and zoning policies, which required a large number of parking spaces, small lot coverage ratios, and large setbacks from streets. This type of development resulted in unused pavement and buildings on lots with large amounts of unused land. The development pattern of the area today still reflects this suburban 13 orientation. While the new zoning ordinance provides the regulatory tools to address some of these issues, it is likely that the existing development in the area will remain for several more decades. Over the years, as commercial development has crept further from downtown and the core of the city, once isolated neighborhoods are close to commercial establishments with signage and street lights. Greater Deyerle is one of many neighborhoods in the City with such development on its edges. While the vast majority of the houses in the area do not abut commercial development, commercial zoning districts need to be logically established and their boundaries maintained to prevent further encroachment upon residential areas. One of the primary objectives of this plan will be to identify such boundaries. At the same time, future land use issues need to be anticipated and addressed with provisions for enough flexibility to achieve optimal results for the City and the residents of Greater Deyerle. 1.+ ..- Table 5: Exjstina Zoning in Greater D~'yer e Ii of % of , Zoninq Parcels Acres Neiahborhood I , RA I Residential-Aqricultural 9 112 8 I .. R-12 Single-family 12,000 sJ. minimum lot size I, 151 881 61 -- -, ,_. R-7 Single-family 7,000 sJ. minimum lot size - 151 66 5 ....,- ...- RM-2 Mixed Density ..-- S2 23 2 RMF Multifamilv _.. - 93 95 7 .,..- CN I I Neiahborhood Commercial 17 , 9 <1 CG General Commercial 44 44 3 CLS Commercial-Larae Site 3 8 <1 11-1 i Liqhtlndustrial 35 106 7 , 11-2 I i : Heavv Industrial 2 9 : <.1 I MX ; Mixed-use 9 8 <.1 IN Institutional 9 13 <1 ROS Recreation and Open Space 3 15 <1 MXPUD Mixed Use Planned Unit Develooment 11 3 <1 INPUD Institutional Planned Unit Development 2 47 3 Jotals 1,593 1,441 100 Source: City of Roanoke, Department of Real Estate Valuation 15 Table 6: Parcels Zoned R-7 l Sin I!," family Tgtal ~umber 120 , Av . Size 17,212 Over 14,000 S uare Feet Vacant 31 25,413 Total 151 18,896 53 17 70 " Under 14,000 ~g"lJare Feet 67 13 80 Source: City of Roanoke, Department of Real Estate Valuation Table 7: Parcels Zoned R-12 Total Number Av . Size , Over 24,000 'S uare Feet 1008 32,784 Vacant 133 35,827 Total 1,145 33,165 479 52 533 Under 24,000 S uare Feet 529 81 612 Source: City of Roanoke, Department of Real Estate Valuation lei Community Design Issues . Encroachment of commercial uses into neighborhoods . Street design does not support pedestrian activity Community Design Policies . Neiohborhood Character Established neighborhoods should retain their overall character and development patterns, while incorporating new development that is compatible with the neighborhood, the design guidelines of Vision 2001-2020, and efficiently uses limited land resources. . Desion: Future commercial development should adhere to the design principles of Vision 2001-2020 for commercial corridors: o Concentrations of higher-density, mixed use development and live/work space at key intersections o Minimal curb cuts, shared parking, increased lot coverage, signs co-located, no excessive lighting, and orientation of buildings close to the street . New Develooment: Require new developments to incorporate amenities (e.g. sidewalks and curbs) . Brandon Avenue Commercial: The design guidelines of Vision 2001-2020 should be adhered to: buildings should be closer to the street with parking to the side or rear . Zonino: Commercial and residential zoning districts should be delineated to provide compatible transitions between land uses . Parkino: Paved parking spaces and impervious surfaces should be minimized · Zonino: Maintain the current zoning districts as they are. If property owners request changes: o Evaluate rezoning requests based on the specific recommendations and guidelines of this plan. o Consider requests that will replace commercial properties with high-density residential development in areas where commercial uses abut residential properties. 17 o Support rezoning requests that will allow for expansion on existing commercial or industrial properties without encroaching into residential areas. IX G> ..., CD m ..... CD ..., mO :J CD 0.'< CD N:l. o CD :J -. m :J X (0 -. (J) 5::::!: m :J -0(0 r m :J 0. C (J) CD >z f i ~ ;, " o /,1 ill '11 ill ~~ t " ~I " "I )i II il P " It \\ It J S 0 QJ QJ _ C/} ~~ >''"0 QJ r:: o l"CS ~~ ~ QJ ~ ~ ~ .... C-'~ Residential Development Greater Deyerle has a stable housing stock. There are rarely any building code enforcement issues in the neighborhood, and homeownership is high among single-family homes. While the core of the neighborhood south of Brandon Avenue is predominantly single-family housing, there are five apartment complexes within the area plus Brandon Oaks, which is a retirement facility on Brandon Avenue, The presence of apartments offers a diversity of housing choices to short-term residents, and is an affordable option for some who can't afford to buy a house in the area. Overall, homeowners in the area expressed pride in their homes, and would like to maintain the character of their neighborhoods. The neighborhood was sparsely developed prior to World War II. All of the apartment complexes were built from 1950 to 2002. Over 91 % of the single-family homes in this area were built after 1945, with great spurts in the 1950s and 1960s. Over 58% of the neighborhood's single- family houses were built between 1950 and 1975. Almost 30% of the neighborhood's Single-family housing was built after the area was annexed into the City. Growth slowed from the mid 1970s to mid 1980s, before surging in the late 1980s. By 1991 housing development leveled off and has remained at a low but steady rate since. Table 5. Housing ., Percent City of Roanoke 1990 2000 Chanae ~~~~nt Chanae Occupied .Housino Units 1,505 1,921 22% 2% , ------ ; Owner I ~~.up'ied 1,029 1,268 23% 2% Renter I Occunied 476 653 ,..i.. 37% 3"' ---.. ., . .....--. ,'0 I Owner I , Occunanc'i.g~te 68% 66% 30/ -1% '0 Source: u.s. Census Bureau; 1990 Census, 2000 Census Summary File 1 - 19 Recent development has added to the City's stock of higher end single-family housing. Residents did not voice many concerns with the appearance or upkeep of the housing in the neighborhood. However, new development over the last 10 years has drawn sharp criticism from many in the neighborhood, and there is overwhelming sentiment to halt or limit growth. Greater Deyerle isn't alone in its desire to prevent future growth. Many neighborhoods in the City would prefer to halt all growth, as do many across the country. However, localities must plan for future growth. Even as the City is losing population, it is gaining households as noted previously. This is a national trend, which coupled with the robust housing market and low interest rates, has increased the demand for housing across the nation. The housing market in Roanoke is not as dynamic as that of Virginia's more populous regions, such as Northern Virginia and Tidewater, yet the Valley as a whole has enjoyed the recent housing boom. Having a broad array of housing options is essential in order to attract young professionals and families. City Council adopted the Strategic Housing Plan in 2005 as a component of Vision 2001-2020. The plan's main focus is to address the shortcomings of the City's housing market by adding more middle-to high-end options. The City has long been the location of most of the Valley's affordable housing. Yet, over the last 60 years the abundance of low-income and substandard housing units has not been matched in equal numbers by construction of mid to higher end units. Greater Deyerle is one of the few areas in the City that has experienced higher end housing. The recent update of the City's zoning ordinance reaffirmed the City's commitment to Greater Deyerle as a low- density single-family neighborhood. Residents have long been adamant about retaining the neighborhood's quiet, almost bucolic character. However, it would be inconsistent with Vision 2001-2020 and short- sighted for this plan not to address the potential for growth in the neighborhood. As noted previously, the City's population growth is not on par with other localities in the Roanoke Valley. Botetourt and Roanoke Counties, 20 and the City of Salem all experienced growth in the 1990s. The City has lost population while gaining in the number of households. While the latter can be viewed as a positive, the former is of concern as the City is impacted by the region's growth but doesn't share in all of the benefits. The City is impacted positively by the presence of more consumers, but is impacted negatively by increases in traffic, and the exodus of City residents to the counties in the region affects the City's tax base. Coupled with the high number of low-income housing units, these factors increase City expenditures exponentially in resources for Police, Code Enforcement, Social Services, and Transportation. Table 6. Sin Years No. Units Construction 1950-1975 736 1 976- resent 375 It is imperative that future development maximizes the land without disturbing too much of the natural environment and positive attributes that the residents of Greater Deyerle have long cherished. Future development in the neighborhood can be accommodated while remaining sensitive to the existing neighborhood environment. Years No. Buildin s Construction 1950-1975 4 1976- resent 5 21 Development Opportunities There are some undeveloped parcels in the area; however most belong to homeowners who have additional, adjoining lots. Department of Real Estate Valuation data lists 218 properties as vacant, defined by lack of a primary building. Most of the larger vacant parcels are in the western side of the neighborhood and are under power lines that extend north to south across the neighborhood. Appalachian Electric Power (AEP) has a public utility easement under these lines that prohibits development. There are numerous other vacant parcels in the neighborhood, most of which are only big enough to accommodate single-family housing. In addition, several vacant parcels are lakes. Over 80 acres of land along the south side of Brandon Avenue and Mud Lick Road is now occupied by two single-family homes. This property has been a farm since it was first developed (City real estate records date a house to 1910), and today is home to several horses. In the previous Greater Deyerle Neighborhood Plan this property is noted as "an area that is of concern to many residents." The plan states: "The owners, who live on the property, have indicated a desire to maintain this use for long as it is economically feasible. However, if continuance of the farm is not possible, they have expressed a desire to consider a mixture of residential and office commercial uses for the property, recognizing that development compatibility, good design and adequate buffering of adjoining residences are important considerations. " Since the original plan was adopted in 1990, this property is essentially unchanged. Both the use of the property, neighborhood, and owner sentiment remains the same. In the 2003 survey by the GDNA and in the public workshops, residents voiced their desire to see the area maintained as a farm or open space as it currently is. The property is zoned RA, Residential-Agricultural District, which is the same designation it was zoned in the previous zoning ordinance. In the RA District, a minimum lot size of one acre is required for development of a single-family home. While in theory the property at present could be subdivided for the development of 80 single-family ')1 homes, several requirements of the City's zoning and subdivision ordinances would ultimately lower that number slightly. The subdivision ordinance requires that any newly subdivided parcel has access to a public right-of-way. While much of the property is accessible from Brandon Avenue and Mud Lick Road, a substantial portion of it is landlocked. To subdivide and develop this portion under its current RA zoning, the owners would be required to build and dedicate a public street. This would entail both a considerable expense and grading of some of the open space and trees. This property has the greatest opportunity for future development, while at the same time is important to the neighborhood's self-identity and serves as its gateway and buffer from the commercial development along Brandon Avenue, Since its zoning designation wasn't changed with the adoption of the new zoning ordinance, its current use will remain intact until the owner of the property subdivides and develops it further, or petitions City Council to have the property rezoned. As previously noted, subdividing the land under its current zoning would be economically and environmentally challenging. If the owner (current or future) should decide to develop this property, the optimal plan would be to rezone it to MXPUD, Mixed Use Planned Unit Development, and develop a housing cluster or a dense suburban style development that preserves open space and the natural features of the land. Vision 2001-2020 encourages "housing clusters" on large sites. Housing clusters are market-rate developments that consist of a mixture of single-family, duplex, and townhouses. With most of the City's parcels already developed, or 'built out,' vacant or underutilized land is at a premium. New developments need to maximize the use of the land and preserve the natural environment as much as possible. Cluster development is ideal for large sites as it allows for greater densities while still maintaining some green space that benefits all residents. Design features of housing clusters include: · Traditional neighborhood design; houses should be oriented close to the street (less than 20 feet) and to each other. Houses have n minimal setback distance from the street, and parking should be on-street, or to the rear or side of the house. · Traditional neighborhood streets; pavement widths need only be between 22-30 feet, and lined with trees, curb, gutter and sidewalk. · Green space; approximately 20% of the development should be preserved either as natural forest or a landscaped buffer. · Stormwater management; retention or detention ponds should be incorporated into the development without detracting from the aesthetic quality of the natural environment. Housing cluster development is best done in the MXPUD zoning district. MXPUD zoning allows for a mixture of commercial and residential uses. In this case, any development should be heavily residential. The purpose of the MXPUD zoning is to provide design flexibility to encourage orderly development of large sites that maximize the land more than standard residential zoning categories. MXPUD developments tend to be denser than most single-family subdivisions and dedicate more of the land to open space or parks. In the case of the property on Brandon Avenue, careful attention would need to be paid to the topography of the site and the lake that lies beside Brandon Avenue. The central and western portion of the property is a knoll, with lower elevations on the northeast and southeast. To preserve the knoll and most of the open space, the site would likely be best developed along and off of the frontage of Mud Lick Road. This would allow some use of the existing private street, Poplar Hill Road. Another potential design option for the property on Brandon Avenue would be to emulate the development of Riverside, Illinois. Riverside was designed by landscape architects Frederick Law Olmsted and Calvert Vaux, who designed New York City's Central Park and countless other parks and developments. Riverside, a suburb of Chicago, was designed with the intent of blending a suburban village with its natural environment and the urban environment nearby. Riverside is characterized by its curved streets and lack of perpendicular intersections, an emphasis on views of the ~4 surroundings, and landscaping planted strategically to create and enhance public spaces, while providing a variety of bright and shaded areas. While the property in question would be limited by its size in comparison to the development of Riverside, the same design principles would compliment the Greater Deyerle neighborhood. Across Mud Lick Road from the property previously described, there is another large RA-zoned parcel, currently identified as Official Tax Map Number 5050213. This property is over 23 acres. Currently the owners reside on an adjoining parcel and maintain a small farm on the property. It is bounded by Mud Lick Creek on the east and Mud Lick Road on the north, but also has frontage on Hubbard Road on its southern and western portions. Hubbard Road provides access to the owners' home, and would be a logical access point for future development, in addition to Mud Lick Road. A large portion of this property is within the 1 DO-year flood plain. Any development of this site should be done with little to no building in the flood plain. By clustering units on the western side of the property, the flood plain can be avoided and much of the green space retained. With limited land resources, the City must encourage efficient development patterns that maximize the potential of the land. Vision 2001-2020 discourages new suburban style development in favor of traditional urban development patterns. However, established neighborhoods can and should be maintained to retain a sense of their original character. A balance must be achieved which recognizes that future growth is inevitable and must be planned for, while retaining the neighborhood's character through careful attention to design of the natural and built environments. It should be noted that the aforementioned properties will remain indefinitely in their current zoning designation. The Future Land Use Map, which serves as the basis for future zoning decisions, recommends these parcels remain in their current land use; residential/agricultural. The intent of this plan with regards to these properties is to plan for potential development, not to initiate any City action to affect them. Such action would need to be initiated by the property owners at their discretion. ,- -) Residential Development Issues . Relationship between commercial and residential uses. Residential Development Policies . Neighborhood Chara.cter Established neighborhoods should retain their overall character and development patterns, while incorporating new development that is compatible with the neighborhood, yet which maximizes more of the land. . ZoninQ: Zoning should reinforce the existing character of neighborhoods, while also providing opportunities for new development where feasible. The current zoning districts should be maintained as they are. If property owners request changes: o Evaluate residential rezoning requests based on the specific recommendations and guidelines of this plan. o Consider requests that will replace commercial properties with high-density residential development. . New develooment: New development should be well-planned and use limited land resources wisely. Infrastructure should be installed in conjunction with new development, including street improvements to address added traffic. . Infill develooment: 'nfill development should be aesthetically and functionally compatible with its existing context of adjoining development. . HousinQ Clusters: Support the rezoning of vacant or underutilized large sites for mixed density housing provided that it is consistent with the design guidelines of Vision 2001-2020, preserves some green space to buffer existing development, and minimizes environmental impacts. Residential Development Actions · HousinQ Clusters: o Consider the development of several properties in the areas denoted on the Development Opportunities map. 26 , I "'_ t '.... \\ ',,- /1 ~,..., ,<---~ l .~........., """'" ", I \ \'\ _. '. , ",' ,\ I' "~~\ ", "',' \ 1 \1\\ \ \\\\ .,~:~~\ \ \ \\\ \ : IV '....\\ \ \ \ \ \ 11- ......\\\ \ i!J )P \ \~\ \ltl;1 i\i)Jl , Wi '/; i fl, tit itl 111 'I' i,1 ~ r " " . .. \i Ii II . " \i " .00 ~ Economic Development While the Greater Deyerle neighborhood is a residential community, it is surrounded by commercial development. During the planning process of the first Greater Deyerle Neighborhood Plan, residents were adamant about protecting the neighborhood from commercial encroachment. As previously noted, residents remain steadfast in their desire to maintain the residential character of the neighborhood; however residents also frequent the commercial services nearby. In a survey conducted by the Greater Deyerle Neighborhood Association, over half of the respondents listed nine commercial services they use in the nearby shopping areas. The shopping areas near the neighborhood include Southwest Plaza, Ridgewood Farms, Oak Grove Plaza, and Apperson/Brandon Avenues. Most of these commercial services are in Salem or Roanoke County. The proximity of these establishments affects the neighborhood; however the City doesn't have any regulatory authority over them since they are in different localities. The challenge of this plan is to improve and distinguish the commercially zoned properties in the neighborhood within the City, while taking into account the impact of the adjoining commercial areas. The commercial properties in the City are along Brandon Avenue and Electric Road. There is also some industrial development on the northern edge of the planning area on Blue Ridge and Aerial Way Drives. Brandon Avenue From the gateway to the neighborhood at Edgewood Road, west to the City corporate limits, Brandon Avenue is a four lane street lined with strip commercial development, though development is primarily on the northern side. There are a wide variety of commercial services. Establishments include a gas station, a hardware store, an auto repair shop, an auto service shop, veterinarian, florist, restaurants, a car wash, two dry cleaners, various other retail businesses and professional offices. At the time of the planning process, there were several vacant office and retail buildings. Several of them are large structures that could 27 be redeveloped with small, light manufacturing uses. With the proximity to Lewis-Gale Hospital, medical offices and support services are ideal for some of these buildings. There are also a few vacant lots in this section of Brandon Avenue that will likely draw considerable interest in the private market in the near future. Traffic counts on Brandon Avenue, while not too high for its capacity, give these properties great visibility. These properties are zoned CG, General Commercial, which allows for a wide variety of commercial uses. Economic Impact of Lewis-Gale Medical Center The Lewis-Gale Medical Center is a 521 bed tertiary facility located on Electric Road in the City of Salem right along the corporate limits. It is just across Keagy Road from the Deyerle neighborhood. The medical center employs 1,509 people (as of the first quarter of 2004), making it the 11 th largest employer in the Roanoke Valley region. In 2005 a rezoning request was filed for a medical office on Keagy Road in Deyerle across from Lewis-Gale. The request was recommended to be denied by the Planning Commission, and subsequently denied by City Council. Concerns of the GDNA and a prior history of the neighborhood's opposition to additional commercial encroachment were factors in the public hearings. Due to the potential for encroachment into this edge of the neighborhood, the future land use plan should clearly demarcate areas for commercial development that do not alter the neighborhood's current residential edges. At the same time, the City should promote a positive relationship with Lewis-Gale and its related services. Brandon Avenue offers several opportunities for redevelopment that are well suited to medical offices and support services. In addition, similar services in Roanoke County and Salem along Electric Road contribute to the overall vitality of the area. Secondary Technology Zone Vision 2001-2020 recommends the recruitment of "technology businesses." Recognizing that this is a growth industry and that the 2R City's manufacturing base will not suffice long-term, attracting technology-related industries is a high priority for the City. Downtown is slated as the primary technology zone, while designating "key village centers as secondary technology zones." Such zones will be aided by tax incentives and various economic development assistance. The aforementioned properties on Brandon Avenue should be evaluated as potential sites for a secondary technology zone. Brandon Avenue/Edgewood Street Village Center Vision 2001-2020 recommends the creation of village centers. Village centers are centers in neighborhoods containing a mixture of higher density residential and neighborhood commercial uses, e.g. convenience stores and restaurants. They serve as the focus of neighborhood activity, and provide nearby residents with shopping options without leaving their neighborhood. Vision 2001-2020 identifies the Edgewood Street/ Brandon Avenue area as a potential village center. The intersection of Edgewood Street and Brandon Avenue is busy and is a good central point for neighborhood commercial activity. While at present this area has some village center attributes, additional commercial establishments and streetscape improvements would enhance its identity and attract more people. Establishments have the potential to serve the surrounding neighborhood and at the same time reap the benefit of the steady flow of traffic on Brandon Avenue. Streetscape improvements to this section of Brandon Avenue should be done in accordance with any future improvement projects. Any improvements to the village center should focus more on overall beautification than a change to the function of the street. Improvement strategies should address the following goals: · Improve pedestrian safety · Minimize disruption of the existing neighborhood . Control vehicle speeds - ensure travel speeds that are appropriate for the street's function and the character of adjacent development. 29 . Retain capacity to handle current and future volumes, while not inducing more traffic . Ensure other thoroughfares carry their "fair share" of traffic Electric Road Electric Road has a great number of commercial establishments and professional offices. Several office complexes, a bank, a small theater, and a strip shopping center, Southwest Plaza, lie along the eastern (City) side of Electric Road at the southwestern edge of the neighborhood. Two other shopping centers, Oak Grove Plaza and Ridgewood Farms, are in Salem and Roanoke County, respectively. The first phase of Southwest Plaza was built in 1974 facing Grandin Road, while an additional section was built in 1988 that faces Electric Road. The plaza abuts an apartment complex and a townhouse development. It is a standard shopping center for its era, with one-story buildings laid out horizontally across the rear of the parcel, fronted by a wide sidewalk and a large expanse of surface parking. If this property is ever redeveloped in the future, it should be a mixed-use complex of office, retail and residential that maximizes the footprint of the site by building additional stories and accommodating more services. This site could serve as a village center for residents on this side of the neighborhood, while also maintaining a presence and visibility on Electric Road. Blue Ridge Park for Industry The Blue Ridge Park for Industry is a small industrial park located between the railroad track and the Roanoke River. It is accessed via Peters Creek Road onto Aerial Way Drive. The park was developed in the 1960s and 70s and has prospered as one of the City's cleanest and most dynamic in recent years. It features a variety of manufacturing uses on lots that range from two to seven acres. The size, scale and location of the park contribute to it success, while at the same time limiting its impact on the surrounding area. It is self-contained between the river and the railroad tracks, and the Peters Creek extension has made it ideal for shipping. 30 The park was once in an enterprise zone. In 2003 when the City applied to have its enterprise zones recertified by the Commonwealth of Virginia, it was determined that it did not need to be included due to its previous success and full occupancy. The Blue Ridge Park for Industry is a viable part of the City's tax and employment base and should be maintained to build upon its past success. 31 Economic Development Policies . Existing underused commercial properties should be (re)developed before rezoning additional land for commercial use. . Medical and technology-related industries should be recruited to the northern side of Brandon Avenue . Existing commercial properties should be used to their fullest potential, with minimal parking spaces . Limit commercial zoning to identified commercial areas . Discourage further commercial development on Keagy Road in the vicinity of Lewis-Gale Medical Center. Economic Development Actions . Make streetscape improvements to enhance the village center at Brandon Avenue and Edgewood Street . Promote reuse of vacant structures on Brandon Avenue for medical offices and technology-related industries and facilitate zoning changes if necessary. . Consider the following alternatives for the north side of Brandon Avenue based on timing and private sector investment: o Redevelopment of several parcels for a Planned Unit Development (PUD), particularly of a use that would complement Lewis-Gale Medical Center, or a "secondary technology zone." o Streetscape improvements on Brandon Avenue to promote a village center development pattern o Consider zoning which will allow for light industrial uses · Consider rezoning proposals for Southwest Plaza that will create a pedestrian friendly environment with a higher density of commercial and residential uses , " .'- Transportation Existing Transportation System A majority of the streets in the Greater Deyerle Neighborhood were designed and constructed from the 1940's through the 1960's, when Deyerle was a largely undeveloped part of Roanoke County. Streets constructed during this era have narrow pavement widths and a shoulder and ditch drainage design. Streets built since the neighborhood became part of the City of Roanoke, in 1976, have transitioned to a more suburban design, with wider pavement, curb, gutter, and sidewalks (in some cases). The Neighborhood street layout is distinctly suburban and reflective of the post World War II period in which it was initially developed. The streets have a curvilinear pattern that mirrors the rolling topography of the area, and there are a substantial number of dead end and loop streets. Primary access to the neighborhood is provided by Brandon Avenue, Mud Lick, Deyerle and Grandin Roads. The Virginia Department of Transportation classifies Mud Lick Road as a "minor arterial" street. A minor arterial is a street that connects with a principal arterial system (e.g., Brandon Road) and provides service for vehicle trips of moderate length at slightly lower mobility levels than a principal arterial. Grandin Road is classified as a minor arterial between Mud Lick and Electric Roads, and east of Garst Mill Road. Between Garst Mill and Mud Lick Roads however, it is classified as a collector street. A 'collector' is a street that provides both land access and traffic circulation within a neighborhood. The remainder of the streets in Greater Deyerle are classified as "local" since they primarily provide direct access to abutting land and to higher order streets. Since 1990, the City has completed the following transportation projects in the Greater Deyerle Neighborhood: · Peter's Creek Road extension from Melrose Avenue to Brandon Avenue. 33 . Brandon Avenue widening from two to four lanes (Edgewood Street to city limits) . Left turn restriction for traffic turning from Brandon Avenue onto Deyerle Road (only during AM and PM peak traffic period) . Left turn restriction for traffic turning from Deyerle Road onto Brandon Road (removed at the request of the neighborhood) . Left turn restriction for traffic turning from Grandin Road onto Mud Lick Road (removed at the request of residents) . Four-way stop at Mud Lick/Deyerle Road intersection · Flashing "Stop Ahead" warning signs on Mud Lick Road as it approaches the intersection with Deyerle Road . Turn islands at Circle/Grandin Road and Mud Lick/Grandin Road intersections · Speed humps on Deyerle Road and Cravens Creek Road (all, but one on Cravens Creek Road, removed at the request of the neighborhood) City/Neighborhood Traffic Agreement Due to concerns regarding the construction of Peter's Creek Road extension, in 1992 the City of Roanoke entered into a 15 year Memorandum of Understanding (MOU) with the GDNA concerning traffic volumes in the neighborhood. The MOU formalizes a communication process between the City and the GDNA regarding traffic issues. For instance, the City agreed to provide an annual report to the GDNA of traffic volumes on Keagy Road, Cravens Creek Road, Mud Lick Road, Circle Drive, Deyerle Road, and Grandin Road. When on any of these streets there is a 25 percent increase in traffic volumes, in comparison with 1989 levels, the City agreed initiate a process with the neighborhood 34 to seek mutually acceptable mitigating measures. Since the inception of this agreement, there have only been a couple of streets where traffic volumes exceeded the 25 percent threshold in a given year. In response, the City coordinated with the GDNA and neighborhood residents to install traffic control and calming devices. The 17 years of traffic volume data that the City has collected in the Greater Deyerle Neighborhood shows that the Peter's Creek Road and Brandon Avenue improvement projects have not caused a substantial increase of traffic into the neighborhood, and traffic control measures have effectively mitigated the few issues that may have been caused by those projects. Transportation planning for the neighborhood will continue as part of the City's neighborhood planning process, the Roanoke Valley Area Metropolitan Planning Organization's long-range planning process, and consideration by the City of specific improvements requested by the Greater Deyerle Neighborhood Association. Neighborhood Concerns In a 2003 survey conducted by the Greater Deyerle Neighborhood Association, concerns regarding transportation were ranked as the top five, out of thirteen, neighborhood issues, as follows: 1. Reduce the speed of traffic 2. Reduce the volume of traffic 3. Redesign major streets to support auto, pedestrian, and bicycles 4. Place sidewalks on major streets S. Develop a network of greenways through the neighborhood In the two workshops held to develop this plan, the participants offered similar transportation comments with particular emphasis on the issues of vehicle speed, cut-through traffic, and vehicle/pedestrian safety. In addition, it was noted that the neighborhood's streets are not safe for bicycle riding, due in large part to driver behavior. Virginia law entitles cyclists to the same access to public streets as vehicles. ~5 Future Transportation Plans Presently there are no projects in the VDOT Six- Year Improvement Plan (Fiscal Years 2007-2012) for the Greater Deyerle Neighborhood. There are also no projects identified in the Roanoke Valley Area Long-Range Transportation Plan 2025 or the City's current Capital Improvement Program (CIP). Brandon Avenue In addition to the MOU between the City and GDNA, the City widened Brandon Avenue at the neighborhood's urging as part of an agreement for the Peters Creek Road extension. Brandon Avenue is four lanes plus a center turning lane between the intersection of Edgewood and Mud Lick Roads to the corporate limits. This section of Brandon Avenue is lined with strip commercial development, most of which is on the northern side. Traffic counts on Brandon Avenue are not very high given its capacity. The four lanes and center turn lane allow traffic to flow steadily while not being slowed by vehicles turning into the commercial establishments. At the same time, however, this section of the street has an unnecessarily large amount of pavement and its excess capacity encourages speeding. Grass medians at the intersections of Peters Creek Road and Edgewood and Mud Lick Roads help to define the intersections, add some pervious surface, and slow down vehicles as they approach the signals. Placement of additional medians should be considered for this section of Brandon Avenue, but must be done in a manner that doesn't negatively impact businesses on the street. Mud Lick Road Mud Lick Road serves as the primary route in which most residents use to access the heart of the Greater Deyerle Neighborhood, from either Brandon Avenue or Grandin Road. VDOT classifies Mud Lick Road as a minor arterial, which means that it connects local and collector streets with a principal arterial system (e.g., Brandon Avenue) and provides service for vehicle trips of moderate length. Mud Lick Road has an annual average of 3,000 to 4,000 vehicle trips per day and a posted speed limit 36 of 25 miles per hour (mph). The pavement is generally 24 feet wide and has a shoulder and ditch section contained within its 50 feet of public right-of-way. There are significant stretches of the Mud Lick Road that have residential dwellings fronting directly onto it. Neighborhood residents have expressed on-going concerns regarding the speed and volume of traffic on Mud Lick Road. Residents whose houses front upon Mud Lick are often concerned about the safety of turning into and out of their properties. The traffic volumes and lack of curb and gutter on Mud Lick Road make it difficult to construct many of the traffic calming measures that would most effectively address its speeding and safety issues, however there are some solutions that may warrant further consideration, such as: . Increased police enforcement . Speed trailers . Driveway warning signs . Textured pavement . Traffic circle Oeyerle Road Deyerle Road serves as an important route of access to the Greater Deyerle Neighborhood, from either Brandon Avenue or Mud Lick Road. Deyerle is not functionally classified by VDOT, however it essentially functions as a collector street, in that it provides both land access and traffic circulation within the neighborhood. Deyerle Road has an annual average of approximately 3,000 vehicle trips per day and a posted speed limit of 25 mph. The pavement is generally 20 feet wide and has a shoulder and ditch section contained within its 50 feet of public right-of- way. Deyerle Road generally serves to connect local residential streets with Brandon Avenue and Mud Lick Road, and to a lesser degree it provides direct access to residential properties. Neighborhood residents have expressed on-going concerns regarding the speed and volume of traffic on Deyerle Road. The turn restriction limiting left turns from Brandon Avenue onto Deyerle Road (7AM-9AM and 4PM-6PM) limits traffic, however some neighborhood 37 residents believe that it is not all that helpful and is more of an inconvenience for the neighborhood residents. The turn restriction limits access and the neighborhood already has very limited access. The lack of curb and gutter on Deyerle Road makes it difficult to construct many of the traffic calming measures that would most effectively address its speeding and safety issues, however there are some solutions that warrant further consideration, such as: . Increased police enforcement . Speed trailers . Driveway warning signs . Textured pavement Grandin Road Most of the portion of Grandin Road within the neighborhood is referred to as Crandin Road Extension. However, technically by name, Grandin Road Extension is in Roanoke County to the west of Electric Road. Grandin Road is the neighborhood's southern arterial street. It is used regularly by many on that side of the neighborhood, and has a steady flow of traffic from commuters around the area. Between the 3400 block and Glen Heather Road it is the southern boundary of the neighborhood. In this segment, the center line of Grandin Road is also the City corporate limits, as the southern side is in Roanoke County. Grandin Road was designed in a rural fashion like most of the original streets of the neighborhood. It has two-lanes and does not have any curb, gutter and sidewalk, or much of a shoulder. Residents have long stated that traffic comes into the neighborhood from Grandin Road. In 1990 a sign was erected to prohibit left turns from Grandin onto Mud Lick Road. The sign was removed after several months due to complaints from motorists that frequently used that route. Speeding has also been cited as a problem on Grandin Road. City staff worked with the GDNA and installed a landscaped median at the intersection of Mud Lick and Grandin Roads to slow down traffic. There is also a similar median at the intersection with Glen Heather Road. JX The appearance of some segments of Grandin Road was noted in the GDNA survey as needing improvement. In addition, the intersection at Airview Road has been identified by neighborhood residents as a problematic blind spot. If Grandin Road is considered for curb, gutter and sidewalk installation, any additional improvements or redesign of the street should be evaluated concurrently. In addition, any future improvements to Grandin Road should be coordinated with Roanoke County and VDOT to ensure that the street is optimally designed. Circle Drive and Eastview Drives Neighborhood residents identified cut-through traffic using Circle and Eastview Drive to access Grandin Road or Deyerle Road as a significant issue. More precisely, their concern relates to traffic speeding on these streets, espeCially at the CirclejEastview and EastviewjPineland intersections. Realignment of these intersections should be further explored in order to best control vehicle speeds. Public Transit Service Currently the only fixed-route transit service to the Greater Deyerle Neighborhood is provided by Valley Metro along Brandon Avenue. No other routes in the Valley Metro system extend into or border the neighborhood. On-demand, curb-to-curb transit service is provided by RADAR for physically, mentally disabled, or transportation disadvantaged individuals. Neighborhood residents have expressed wishes for more convenient fixed-route transit service. 39 Transportation Issues . Vehicle speeds on neighborhood streets . Limited access Transportation Policies · Maintain the residential character of all streets south of Brandon Avenue. · Discourage widening of any streets for additional travel lanes, unless such improvements are designed to accommodate pedestrians or bicycles. . Implement traffic-calming measures where feasible to control vehicle speeding Transportation Actions . Consider removing the left turn restriction from Brandon Avenue onto Deyerle Road 40 Infrastructure Sewer and Water Public sanitary sewer and water are available to all areas of the Greater Deyerle neighborhood. Sewer lines are equally dispersed throughout the neighborhood located along right-of-ways and easements through various properties. Water lines are present on every street in the neighborhood with the exception of Keagy Lane SW. Sewer and water services are provided by the Western Virginia Water Authority. In 2003 City Council adopted an amendment to the City Code that would require all new development to connect to City sewer lines. Only in circumstances where gravity connections or pump stations are impossible can a property owner install a septic tank. The Western Virginia Water Authority processes and administers all sewer and water connections. The Authority's policy for extending main sewer lines requires residents of a given area, usually a block or more of a street, to cover half the costs. This is a considerable expense for most property owners and it requires significant time for them to reach consensus and organize their efforts. In addition, fees for water and sewer connections have increased since the creation of the Authority, and as a regional government organization it serves Roanoke County as well as the City, making the selection of projects more competitive during each year's budget. The Authority recognizes that septic tanks can become problematic and as a matter of policy would like to connect as many properties to public sewer lines as possible. The Authority should continue to evaluate sewer line extensions within the parameters of the current extension policy, and, in conjunction with the City, examine alternative means for providing such extensions, if necessary. Stormwater Management The Greater Deyerle neighborhood has numerous private lakes and creeks that are considered assets to the neighborhood but stormwater runoff during rainstorms is a major problem for properties with houses located in the floodplain. The problem is a complex one and is not easily solved given the topography of the area and existing development. 41 Three large watersheds, Craven, Barnhart, and Mud Lick Creeks, drain into and/or through the neighborhood. All of these streams have been impacted by development both in the City and the County. The Federal Emergency Management Agency (FEMA) has designated floodplain boundaries for all three creeks. Stormwater improvement projects are catalogued in the Capital Improvements Program (CIP) by the Engineering Division. The CIP includes rankings and budget estimates for each project. There are currently 11 projects in Greater Deyerle and all are stormwater related. None is currently a high priority compared to other projects throughout the City. Residents noted several areas in the neighborhood that are flood prone. During periods of flooding, infiltration and inflow of stormwater in sanitary sewer lines on Mud Lick and Chesterton also create backflow problems for some residents. Flooding also occurs at the intersection of Deyerle Road and Chesterton due to brush and trash buildup at the culvert under Deyerle Road. Efforts should be made to clean up debris at this location after heavy rains to prevent flooding in the future. Residents should report this problem whenever it arises. Issues with flooding are also present at the crossing of Cravens Creek Road over Cravens Creek. Flood water backs up in the field to the north of Cravens Creek Road because the culvert under Brandon Avenue is too small to handle the amount of water coming down Cravens Creek during times of flooding. Ponding of water occurs in the backyards of homes along Gatewood Drive. Residents of these homes would like to see a culvert or storm drain placed at the intersection of Gatewood Drive and Norwood Street to eliminate the ponding of water in their backyards. While the projects listed currently in the CIP are not ranked high, as noted above, neighborhood residents stated that alleviation of stormwater runoff is a high priority and would like to see some of these projects funded in lieu of other infrastructure and capital improvement projects. 42 Table 8: Deyerle Ca itallmpTovementProgram Storm""ater Projeqs I ' Priority . ~. . . ! Estimated Rank I d Project Name Project DeSCription ' C t n ex i os Blue Ridge Park Dredge 1200 feel of silted 179 for Industry channel from N&S Culvert to Mud $ 50.600 Channel Lick Creek 3519 Windsor! Install 700' SO system, 3 34 173 Brymoor Road - manholes and 3 inlets to eliminate $ 151.300 a drainage well located at 3519 Phase I Windsor 171 Norfolk & Western Enlarge N&S bridge removes $ 328,000 R!R Crossing roads and 5 struct. from 10-yr Barnhardt Creek Enlarging Cravens Creek Rd. 159 al Cravens Creek $ 365.000 Road bridge to 1 O-yr requirements 3519 Windsor! Replace inlet at 3553 Windsor 157 Brymoor Road - and failed pipe to connect to $ 50,500 Phase II system installed in Phase I 153 3559 Brymoor 160' of 15" RCP, one inlet and 5 22,000 one manhole 151 Gatewood (5000 625' of concrete!ec-2 ditch line $ 30,000 block) 147 Murdock Creek Channelization @ Chesterson S 643,000 Phase 3 from Westchester to Deyerle 143 5044 Bruceton 80 feet of stabilized ditch $ 5.800 Rd, Mud Lick Creek at . . 143 Mud Lick Road Raise and enlarge Mud Lick Rd. $ 283,500 C' Bridge to meet 10-yr rosslng 123 2006 Knollwood Replace culverl under Mud Lick $ 12,700 Road Curb, Gutter, and Sidewalk Aside from Brandon Avenue, there is little curb, gutter and sidewalk in Greater Deyerle. Some residential streets have curb. On some streets it isn't feasible to install curb, gutter and sidewalk due to the lack of right- of-way width, rolling topography and drainage issues. Arterial streets are the highest priority for a complete system of curb, gutter and 43 sidewalk. Grandin Road is the neighborhood's best street for installation of curb, gutter and sidewalk. East of the neighborhood in the Grandin Court area there is curb, gutter and sidewalk on both sides of the street. Installation on the north side of the street that will connect to the existing network should be evaluated. This would entail installation on the street outside of Greater Deyerle's boundaries, but would benefit those in the neighborhood that would like to walk on Grandin Road. Many residential streets could benefit from curb installation only, and are not developed densely enough to justify sidewalk installation. The Infrastructure Improvements map lists all streets that lack curb, gutter, and sidewalk, A number of factors should be considered when making decisions for the installation of curb, gutter and sidewalk: . Vision 2001-2020: The comprehensive plan addresses streetscape improvements as a priority, including sidewalk installation. . The Subdivision Ordinance: The ordinance requires that developers install curb, gutter, and sidewalk whenever subdividing land for development. . Width of the street's right-of-way: Many streets in the area are not wide enough to install sidewalks, but can accommodate curb and gutter. · Pedestrian safety and volume of traffic: Sidewalk installation improves pedestrian safety, especially on heavily traveled streets. · Storm water drainage problems: curb and gutter can alleviate drainage and run-off problems on many streets, but often have little to no impact on properties below the grade of the street. Requests for curb, gutter and sidewalk improvements are submitted to the Engineering Division of the Department of Public Works. All requests are reviewed by several City departments and rated based on their need, feasibility, and relationship to any concurrent City project areas. One criterion is the location's inclusion in a neighborhood plan. Given the development pattern and topography of Greater Deyerle, installation of a network of sidewalks large enough to serve pedestrians through the neighborhood is unrealistic. As an alternative, this plan 44 proposes that pedestrian improvements be considered in the form of both on-and off-street facilities, such as greenway routes or trails. The installation of any sidewalks should only be undertaken for circumstances that justify the expense, Good examples of such circumstances are: 1.) Installation of curb, gutter and sidewalk on arterial streets, such as Grandin and Mud Lick Roads. 2.) Installation of sidewalks on a given street that could provide a connection to an existing network, such as on Brandon Avenue. 3.) Installation of sidewalks lead to a future trail or greenway. Fiber and Telecommunications Fiber and telecommunications lines serve the Greater Deyerle neighborhood via specific corridors. These corridors are located along Grandin Road, Brandin Avenue, and from Electric Road/Route 419. Keagy Road, Belle Aire Street, and Cravens Creek Road serves as a sub-corridor through the northern part of the neighborhood. Access from these corridors is provided by individual service providers to residents. Infrastructure Policies · Streetscapes should be well maintained, attractive and functional for pedestrian, bicycle and motor vehicle traffic. · Streets widths should be kept to the minimum necessary to accommodate vehicular traffic including fire and EMS vehicles. · Public water and sewer service will be provided for all new developments unless it can be demonstrated that connection is not possible. Existing development should be evaluated for connections within the framework of existing policies. · Curb, gutter and sidewalk will be provided for all new developments. . Arterial and collector streets should have urban amenities such as curb, gutter and sidewalk. Appropriate species of trees should be planted as a part of such improvements where feasible. · Infrastructure should be installed in conjunction with new development, in some cases including street improvements to 45 address added traffic. Traffic studies by prospective developers may be required. . Storm water runoff should be mitigated as much as possible through improvements that are consistent with the character of the neighborhood. . Alleviate storm water runoff as much as possible through alternatives to curb and gutter. Install curb and gutter in select areas that will alleviate drainage problems. Infrastructure Actions . Install sewer and water connections where needed within the framework of existing connection policies. . Construct new curb, gutter and sidewalk based on the following factors: o New subdivisions - all new developments will have curb, gutter, and sidewalk. o Install curb, gutter and sidewalk on arterial streets if connections can be made to existing networks. Grandin Road is the top priority. o Install curb, gutter and sidewalk where it can connect to an existing or proposed greenway or trail. o Install curb on select streets where installation will not exacerbate storm water runoff. . Establish or maintain vegetated strips along streams to filter runoff and improve water quality. . Identify and complete the most vital stormwater mitigation projects. 46 , '",,- , ~\~ I ~~~ ~\~. l~i ~~". ;J,1L ~,'- -';'aM . i\ 1)/" '-J(;j 1mj,~~~~lI:t,,),j'#'c '*"~ " l" " I,ji I'D 1:: · \ \ -;~~~ \~Hft _\~ '~ if: " W rfiJ :\ It , '..s' -F - "'=='r .,. I \ 6<(", '" ~ ~ or '-"i - :;::0\ ~ 'f r... . Ie' 0"1 v" . oc. 0' ,fg, ~. I ~ ro "p ~\-'.r-, ''',_ ~~ . · ~ :..a r *' ~~\.J "~9%~. ~ ~I>. ~ b'~j'kf!:\:x'Y---~~~ ~"'!~~ ~ \ , "7;Sr \J. ~ ~iI \5( !7'\.\lI ~i_~ u ,\ ~ ~/m ~/. ~ rn . 'P", '('. _ "'iw".. ~ ) ~ ~II {/ L \l._.. .", 6.< ~ -<'-'",,0. .~ '/1 ~ " l?r 1 "'." .,~ " .c ~ ('v \ .~.<; ~ "l.:r-;1..1\~\ ,,~\\ 81 ~ 1 r'" -...;-.;, '-", ~~ ~ ~~, ' r ~ a:-\..,.). f~d ",~'?; rl 'E~, ~ z tk\~~\~1.!); ~ \\'1 ID "~~~ 'fl ro ~ ~, q ~$ fh..J' ~ I ~ ,-rre> ~ ~ -.:I.- '2:' ~~~ ~ 11::. ' -MI-/.h ~ OJ m = '" DO' =..~~ . . _ t: J!90t:t .-A(;1 'C ~. E 1~ "'< HU p '" u u ,..!"ov W. 'tb. 9R-. iTll \\ R.;t ~ \);;.\= -I!Nvv.lPY~'I~~ __ ~ . '. ES ?w.. '" ~'. ""'''.:''''0-- : ~ - . ~~~ '......--- ~.~"'. -'Mg: :... - '\y~~l c: ~ ,...-\\\~ ~_I_~' -10 _0. :\lS CJ >>- \1~ ~. '-:t ,:;::. _ ro ~ _ F. _ll"'-~~~, _ . ~ ~ ~ c<i -.11 ,:.I\:,~ rod. OJ ~ ~_ A> "'''= "'" "" J~C 1\!.>.I~ ~::X06'I~, L". ~~~. ::J ~::l:J,?>"" d:;,R", H~~~ ~, <n -~ 'cl=r-_v~, I'. 'N ~ 130 ? ~ u~~~ J~~ o ~~. z~ Public Services Fire/EMS Fire/EMS response is provided by Station #4 located at 3763 Peters Creek Road, SW. It houses an engine and a tanker truck. The station is the newest in the City, is in excellent condition and was strategically located to provide service to the neighborhood. It is not identified for capital improvements in the Fire/EMS Strategic Business Plan. Solid Waste Management The Division of Solid Waste Management provides weekly collection of residential refuse, bulk & brush, recycling, commercial refuse collection, seasonal collection of leaves, and hazardous waste. Increasing the volume of recycling in the City is a goal stated in Vision 2001-2020. Recycling helps conserve energy and natural resources, reduces solid waste, protects the environment, and creates jobs to help the economy. Curbside recycling is provided on a weekly basis the same day as residential refuse collection. To maximize the productivity of the program, recycling is collected in two separate categories; 1) paper products, and 2) bottles and cans. The staff of the Solid Waste Management division alternates collection of these two every week. Paper, including newspapers, junk mail, chipboard boxes(cereal, pasta, gift, etc.), and corrugated cardboard, are collected one week. The following week, aluminum, tin cans, glass bottles, and plastics numbers 1 and 2 are collected. Other than separating paper from bottles and cans, tedious sorting is not required with this collection program. Schools and Libraries Students in Greater Deyerle attend Woodrow Wilson Middle School and Patrick Henry High School. Hidden Valley Middle School, part of the Roanoke County School System, is located in the western part of the neighborhood. Access is provided from Electric Road/Route 419. County students are bussed into the school. There are no library branches in the neighborhood. 47 Public Services Policies . Police officers should keep neighborhood residents informed of significant occurrences of crime trends in the area. . Code enforcement inspectors should take a proactive approach to addressing all property maintenance violations . Valley Metro should consider increased route coverage area within the neighborhood. . Continue communication between neighborhood organizations, Neighborhood Services, and the Police Department regarding crime prevention. Public Services Actions . Consider expansion of transit routes within the neighborhood. ..x Quality of Life Public Parks The Greater Deyerle neighborhood is set in a hilly, wooded corner of the City, yet is surrounded on two sides by busy, arterial streets and commercial development. The neighborhood itself has an abundance of green space, i.e. undeveloped land with trees and vegetation, yet lacks any public recreation space including sidewalks and pedestrian amenities. Several residents in the neighborhood have expressed interest in having a park, and the GDNA has formed a committee to study the issue. Per the Parks & Recreation Master Plan, the Greater Deyerle Neighborhood is one of the few remaining neighborhoods that does not have a neighborhood park. It is the recommendation of both the residents and staff of Parks and Recreation that a consensus building effort be established for the neighborhood to identify the feasibility of a future park. At the time of the planning process, the City was not ready to create another park, or purchase any land in preparation for one. However, the direction set by this plan will be to weigh the creation of a park in Greater Deyerle in relation to other goals of Vision 2001-2020 and the Parks and Recreation Master Plan. The Active Living Initiative Active Living by Design is a concept that promotes environments that offer choices for integrating physical activity into one's daily life. By designing structures, communities, and environments that reduce automobile reliance and support pedestrian and bicycle activity, physical structures can help improve public health by promoting active living, a way of life that integrates physical activity into daily routines. Routine physical activity is necessary to prevent premature death, unnecessary illness and disability, enhance physical and mental health, and help maintain a high quality of life for everyone. A healthy environment that is designed to positively affect physical activity by providing pedestrian-friendly amenities would: encourage walking and 49 biking; promote human interaction and social adhesion; remove barriers to activity for everyone; and make healthy levels of physical activity attainable for large numbers of people during their daily routine. It is the desire of the City to create livable, healthy, and attractive environments with a special focus on the landscape design of our built environments in our neighborhoods, public spaces, parks, greenways, trails, and streetscapes. By designing human-scale communities with buildings, signs, lighting, vegetation, and other improvements, people can feel more comfortable interacting in and moving around their neighborhood within a safe and visually stimulating system of parks, greenways, & trails. Greenways & Walking Trails Support for greenway or trail connections has also been voiced by the neighborhood. Most of Deyerle's streets are not conducive to on street pedestrian or bicycle accommodations due to narrow right-of-way and the undulating terrain. The current Roanoke Valley Conceptual Creenway Plan includes five proposed routes that would run through or on the edges of the neighborhood: Route 29: Peters Creek Road Extension Would link area neighborhoods with the proposed Roanoke River Greenway, and complete a portion of a bicycle transportation route toward downtown Salem and Roanoke. Route 36: Barnhardt Creek This creek could serve as a linkage to the Roanoke River for several suburban neighborhoods in Southwest Roanoke, including Farmingdale, Medmont Lake, and Crestwood. Route 37: Mud Lick Creek Mud Lick Creek would be a valuable off-road corridor, providing linkages for many suburban neighborhoods, schools and libraries in the Cave Spring area of Roanoke County and Southwest Roanoke City. This routes 50 passes by Cave Spring Corners Shopping Center, Melody Acres, and Lee Hy Gardens. Route 38: Brandon Road This short on-road corridor would link to Grandin Road, providing cyclists with a direct route into downtown Roanoke from the southwest. Route 39: Grandin Road Grandin Road would provide a direct on-road route into downtown Roanoke from the southwest. This route would link a densely populated suburban area with the Roanoke River and other amenities such as schools and shopping centers. However, at the time of the planning process, City staff was in the process of formulating a City greenway plan, as well as updating the regional plan with Roanoke Valley Greenways and the Roanoke Valley Alleghany Regional Commission. The Potential Greenway and Trail Routes map displays rough approximations of routes that are being considered for the updated greenway plan. At the time of the planning process, these routes are still being studied, however should form the basis of analysis for the updated plans. Since there are no publicly owned parcels of land within the residential area of Deyerle, south of Brandon Avenue, potential routes would have to be created in the existing rights-of-way alongside streets, on private property, or a combination of both. In the past, City staff has accomplished this in some areas where right-of-way is sufficient for on street connections. To use private property the City must acquire an access easement from the property owner or use existing public utility easements. The process of acquiring easements requires legal agreement with the property owner. Thus, private property owners are not obligated to grant the City an access easement. While specific interest in greenway and trail routes has been expressed by some in the neighborhood, others added that any form of walking trail or pedestrian accommodations would be very helpful. All of the streets were designed for low levels of traffic. As previously discussed 51 in the infrastructure chapter, south of Brandon Avenue, curb and gutter are found on only a few streets, and there are virtually no sidewalks. The neighborhood's rural orientation is still evident in the design of the streets, as most have ditches alongside them. This further complicates making pedestrian improvements in the right-of-way. Design of any greenway or hiking trails will require thorough analysis by various City departments. One of this plan's strategic initiatives is to provide pedestrian improvements in on-and off-street facilities, rather than solely in the rights-of-way of streets. This will require further planning by City staff and cooperation from private property owners, but will produce a needed recreation amenity at a lower overall fiscal and environmental cost. Quality of Life Policies · Parks and Recreation: Neighborhood and area parks should provide excellent recreational facilities for residents . Greenwavs: At least one greenway route in the update of the Roanoke Valley Conceptual Greenway Plan and the City's greenway plan should be recommended for Greater Deyerle. . Pedestrian Amenities: Neighborhood residents should have safe pedestrian improvements. Quality of Life Actions · Parks and Recreation: Consider the development of a neighborhood park in Greater Deyerle. · Greenwavs: Provide at least one greenway route in the update of the Roanoke Valley Conceptual Greenway Plan and the City's greenway plan. . Pedestrian Amenities: Provide pedestrian improvements in on-and off-street facilities such as greenways or trails. If long continuous routes are not feasible, consider connecting a series of shorter routes. -J )- en Q,) ... ::J o 0:: '- T I-< ::J I. t: Y I \ \.;:- 'r -J" ~ '" '-.....l...J.. ~ n' Dr co ___ r... 1(1\ _ ~_ <.I.~H "\ \...[- t. i7' ~ 1"\11 --/ IL n ,..; 1\ .... ... t-~..... "'" \:: 1=1 \ ~ ...- \=>- \u.. -\ - 9 .A -" ..' ~~~\.. >~ n~ ~ eN "rn '"",'i~r:.. l :;; r-I~ cZ- ,,">,::" ~ ~~ \\1 'Y" - .- ~ J- "C c:: ro >- ro :: c:: Q,) Q,) '- (!) ro +J c:: 2 o a.. '" >- ~ <: ., ., (j >- 0; .gi "" :> :ii "0 :f ~ 10 ~ W.>. c~ \J:::l ~I~ vy ;)l' The Roanoke Times Roanoke, Virginia Affidavit of P~blication The Roanoke Times . - - - - - - - - - - - - - - - - - - - -+- - - - - - - - -- MARY F. PARKER CITY OF ROANOKE CLERK'S OFFICE 215 CHURCH AVE SW RM 456 NOEL C. TAYLOR MUNICIPAL BLDG. ROANOKE VA 24011 REFERENCE: 32143302 97B0615 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 Vit~~~ia. Sworn and subscribed before me this _ l;.r~day of August 2006. Witness my hand and olfl.cial seal ~-~ . ---f~ --- My rommi sion xp otary Public r2Ud-:L. PUBLISHED ON: OB/04 OB/11 TOTAL COST: FILED ON: 3S3.2B OB/11/06 --::'NlinCE OF PUBLIC HEARING The Council of the City of: Roanok!:' will hold a public, hearing on Monda)'. August 21, 2006. at 7:00 p.m.. or ilssoon thereafter as the matter milY be heard. in the .Counc.1 Chamber. fourth ,floor. In tr:e "'oei C. Til)lor I. Municipal Building. 215 Church Avenue. S.W., Roanoke, Virginia. to . consider the following: lRequcst to amend VIsion /2001.2020. Ine City's compr~~~lil.~1 --.--.-. bnclude the Greater De)'erle 'Nelghborhood Plan. sueti 'ptclncontaining'sh priority i. .Inltlillives: loningi' residentiill development;'. includingCledevelopmentof ho u si n gel u s t e r s ;.,.-- .trilnsportalion.includingo .tr.aintilining the'residential) chari'lct!:'r 01 the :nelghborhood streets: :~aormwater management; pedestrian amenltles: Including-:sldewalks,' greenway~ or trails: and pUblic park facilities. and to' repeal the 1990 pl,)n' previous I) adopted for the' Greilter D l' Y c r I ej Nergt:borhood. I A COPy (If the Plan IS lIvilililble for review in the. Office of the City Clerk.1 Room 456. Noel C. Taylor Municipal BUIlding, 215! Church Avcnue, S.W..! ,Roanoke, Virginia. All' ,P,Htles in inl~rest and 'citilens mav ,1ppC!ar on thC!' !<Ibovedateandbeheardon' Ihernalter. If you are a' person with a disability who' needs <Iccommodationsfol this hearing. 1,1~<Ise contact' the Clly Clerk's Olllce. at B53-2541. before noon on lheThursdavhelorelhedi'llC! of the hearing listed oboye.1 GIVEN unclt!r mv hand this' 1st dilyuf August, 2006. MaryF. P,lrker. CilyClcrk. (9780615) - - - - - - -. .. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ~:::::;::~--~~ll~-Ij:-l---~""""" '..v'", Representative ("', =; -< p ~ "" 's' 0"" ~ ,..., ~ .." '" ...s:. A L- eo (<l~rJt> ./ '\.~ . NOTICE OF PUBLIC HEARING Thl' Council ofthc City of Roanoke will hold a public hearing on Monday, August21, 200G, at 7:00 p.m., or as soon thereafter as the matter may be heard_ in the Council Chamber, lourth floor, in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, to consider the lollowing: Reljuest to amend Vision 2UOI-2020, the City's Comprehensive Plan, to include the Greater Deyerle Neighborhood Plan, such plan containing six priority initiatives: zoning; residential development, including the development of housing clusters; transportation, including maintaining the residential character of the neighborhood streets; stonl1water management: pedestrian amenities, ineluding sidewalks, greenways or trails: and public park facilities, allll to repeal the I 'NU plan previously adopted lor the Greater Deyerle Neighborbood. ^ copy of the Plan is available for review in the Office of the City Clerk, Room 456, r\oel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. All parties in interest and citizens may appear on the above date and be heard on the matter. If you arc a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office, at 853-2541, before noon on the Thursday before the date of the hearing listed above. GIVEN under my hand this ~st day of August ,200G. Mary F. Parker, City Clerk. K \l't)TJCr:S'(ikE,\ J I,R ])!:YERLE I'EJ(jllllORHl)llll ;'1..\:-1 TlOC Noticc to Publishcr: Publish in the Roanoke Timcs once on Friday. August 4,2006, and Friday, August 11,2006. Send bill and affidavit to: Mary F. Parker. City Clerk 215 Chureh Avenue. S. W. Roanokc_ Virginia 24011 (540) 853-2541 . . . ~ Hineker5@aol.eom 08/21/200601:58 PM To elerk@roanokeva.gov, Mayor@roanokeva.gov, david. trinkle@roanokeva.gov, Alfred. Dowe@roanokeva.gov, Beverly. Fitzpatriek@roanokeva.gov, ee bee Subject Greater Deyerle Neighborhood Plan -- Draft Good Morninj.!,: I am contal:lil;g YOll r~garding the draft: of the (ireatcr Dcyt:r1e Neighborhood Plan that the Planning Commission has submitted \0 Council for adoption considl'ration. I am requesting that City Council postpone thl' adoption of a plan for tht: Greater i)eyerle Neighoorhood unlil such time as City staff fullill their responsibilities 10 the n:sidellts of the Greater Dcycrk' Ile-ighborhood. To do this would illdudc addressing the residents' concerns t<lI"thc lakl's. idcnll!icatioll ora plan tor mapping the inundation zone. anci the consideration ora llL'cd for an additional zoning district. It is a very complicated issue and packets introducing and summarizing the problems and concerns were delivered to all membt'rs l)fCity Council on ~O\'ember 21. 2005~ during a presentatilm hefore COllllcil as a part of the public he~!I"jng on th~ adoption of the new Zoning Ordinanl.:C' and maps. By way ora hriefhistory: Residl'nts ofthl' Spring Valley Lake area addressed City Council on ~ovember 21 ~ 2005. during the hearing tt)!. thL' adoption orthe new Zoning Ordinanl.:e and lTlil.pS. At thai time there was a request that Council delay adoption nf the proposed Zoning Ordinance and maps until the inconsistendes with the exis~ing Greater Deyerle Neighborhood Plan could be addressed. Specific neighborhood \'alul's and gnals that We'rl' id~ntificd in 1990 (which are a part of an existing legal document) had not hcen used to drive thc decision-making relative to resid<:nlial de\'elopment ill thl' Greater Deyerlc neighborhood tor the past 15 years. Example I: The Grealer Oeyerle Neighborhood Plan of 1990 IClentifies values and goals associated with mailllJining th~ existing residential dIamcter of the neighborhood. It 110tes that many people h:n'e multiple acre lots with 1/2 to 1 acre he.mg the typIcal lot size. Yet 42 homes were built within 1/2 mile of each other and on one street. 10 ot"the 12 homes are on lots smaller then 1/2 ane, Ex;.nnplc 2: Rel{uiremenls orthe City's zoning and subdi\'ision ordinalll:C:s we're' adapted to allow de\'elopm~lIt within the inundation zone that crc:ated n~w nooding all property on the South side orCraven's Creek. Thl' idea that the Spring Valley Lake is not recognized by the' City and that the inundation zOlle ne~ds to b~ 1lI3pped was also introducl'd at thl' ~o\.emher Council meeting, Residents spnke nf the need to m:Jk<: de\.clopers and citiz~ns aware of the dangers should there b~ a brc~dll)r eilhe'r or th~ t\\."o dams that are' lHl lakes in the Grl'ale'r Deyerle neighborhood. There was i1 request tor City stan. to detine. delineate a lloodway. llood ti"inge. and/or approximated Ooodplain ror the Spring Valley Lake tributary. There was a rl'l{ucst for thc City to join \Ilith dam owners. local citizl'Il.s. and state and ti.:-deral authorities in implementing dam satety programs and clllergcncylchsilster adiol1 plans fur th~ two earthen dams in the Gn:'ater Dcyerle neighborhood, Letlers and l.'mails \\..ere also exchanged with Brian Townsend in late Xo\'crllher 2005. Mr. TO\\"llscnd Slated that "once thc issue is processed through the neighborhood planning process and all impaL'ls and potl'ntial issucs arl' identified,.." The problem is, the issues and all impacts were not processed through the neig.hborhood plauning prncess. Residents from Spring Valley Lake attended lhe March 21. 2006 planning work shop and worked 10 prioritize the need to protect the lakes. map the inundation zone. etc, A rc:view of the <.Iran plan prl'sentl'd hy the Planning Commission reveals nn mention ufSpring Valley Lake. no inclusion of the word inundation zone -- never mind a plan to Illap it. and no mention of a need to consider the existing (1990) Greater Deyerle Nl'ighborholl<.l Plan's vision for the' neighborhond. There arc many inconsistencies between the existing Greater Deyt'rle Neighborhood Plan (1990) and Vision e e e .:!OOl-2020. The City staff appear to be addrc:ssing those inconsistencies by changing the visilHl and goals of the Greater Deyerle neighborhood in favor ofwhal is identilied in the Vision 2001.2020 plan. The eilizens orth" Greater Deyerle Neighborhood have been adamant about their desire to Tl'tain the neighborhood character but the City staff are mOTC concerned with directing traditional urban development into this l1l:'ighborhood. The Grcalt:r Deyc:rle Neighborhood is approximately 2.5 miles nflalld that contains many lakes and a suburban type/rural mil'nlation. A plan for mixl'd lise/housing development that maintains 20'~'{J of the current open space is not in keeping with the desires of the residents of this area. Over the past 10 years we have witnessed the dc\'clopll1t:'nt of many horsc pashlres and wuuded lots into rcvcnue generating propenies. I belicve we: all unde:naand thatlan(t:u\\'ncrs have: a right to develop their property if they so desire, it's how the: City IS directing dcn:lopment that is concerning those ufus that live 011 Spring Valley Lake and in the Greater Dc)'e.rle neighborhood. In summary. 1 am requesting that city Council postpone the adoption of the Greater Deyerk Neighborhood Plan. I request that Council"review the information provided in November and that you direct City stall" to work with the: residents to address the concerns n:ferenced above. Thank you. Aliee 1'. lIincker CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue. S.w.. Room 456 Roanoke, Virginia 24011-1536 Tckph(lne: (5-10) 853.~;)-1] Fa:\: (5.101 ~=-3-1145 E-mail: l'l~'rk@'ci.n)anl)kt' \'a.lI~ STEPII,\"m M. MOOI". OK Depuly City Clerk i\L\RY F. PARKER. C!\IC City CIc::lk SHEILA 1". lL\ HHIAI" r\<;si~tanl City Clerk August 2, 2006 File #424 Troy Smith, President Greater Deyerle Neighborhood Association 3749 Chesterfield Street, S. W. Roanoke, Virginia 24018 Dear Mr. Smith: Please be advised that the Council of the City of Roanoke will conduct a public hearing on Monday, August 21, 2006, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, fourth floor, Noel C Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, on a proposed. amendment to Vision 2001-2020, the City's Comprehensive Plan, to include the Greater Deyerle Neighborhood Plan. 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. Sincerely, 0 f\tvg -j r~ k~ Mary F_ Parker, CMC City Clerk MFP:ew L:\CLERK\DATA\CKEW1\J'ublic Hcarings\Public Ilearings 2006'v\UG 06\Auomcys and Adjoining Propcny O\\l1CT!> Aug.doc 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 August 24, 2006 File #192-373 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No.3 7518-082106 authorizing the City Manager to execute an agreement with WSET, Incorporated, for the lease of 2,688 square feet of space located within City-owned property located in the Roanoke Civic Center Annex, for a term of five years, and authorizing the lease of an additional 2,459 square feet of space should such space become available, as more fully set forth in a letter from the City Manager addressed to the Council under date of August 21, 2006. The above referenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 21, 2006, and is in full force and effect upon its passage. Sincerely, I\~ :1 {2_/~~- , Mary F. Parker, CMC City Clerk MFP:ew Attachment pc: Jesse A. Hall, Director of Finance Wilhemina Y. Boyd, Director of Civic Facilities Sherman M_ Stovall, Director, Office of Manage ment and Budget L:ICLERKlDATAICKEW1IAGENDA CORRESPONDENCElagenda correspondence 06IAug 06IAug 2106 coLdoc ~#'; IN THE COuNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of August, 2006. No. 37518-082106. AN ORD1'\!A:-.ICE authorizing the lease of2,688 square feet of space located within City- owned property located in the Roanoke Civic Center Annex, for a tenn of five (5) years; authorizing the lease of an additional 2,459 square feet of space should such space become available; and dispensing with the second reading of this ordinance by title. WHEREAS, a public hearing was held on August 2],2006, pursuant to SSI 5.2-1800(B) and I 8 I 3, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on the proposed lease. THEREFORE, BE IT ORDAIKED by the Council of the City of Roanoke as follows: I. The City Manager and City Clerk are hereby authorized to execute and attest, respectively, in a form approved by the City Attorney, an agreement with WSET, Incorporated, for the lease of approximately 2,688 square feet of space located within City-owned property in the Roanoke Civic Center Annex, for a tenn of five (5) years, for an initial rent of $36,000.00 for the first year ofthe term subject to a 3%, annual increase for the remainder of the term, and authorizing the lease of an additional2A59 square fee of space should such space become available, upon certain terms and conditions, and as more particularly described in the City Manager's Jetter to this Council dated August 2],2006. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is herehy dispensed with. ?\.~ tL City Clerk. CITY OF ROANOKE OFFICE OF THE CITY MANAGER :'\Jot-'I C, Tclylor Mllnicip~,l Building 21::; Church A\'(,Tltlt"', S.\V., Room ,:\64 RO.llhJke, Virginiil 24011-J591 Tl'll.~~lhll1t': t.'i-1JI) :-i:..,-~Y~:~ r,t\:: I:>-HlI ~3J II ~s <,'it~. \\"l-b: \\"\n\".n.l,lIhl"-t'\',l.gll\' August 21, 2006 Honorable C. Nelson Harris, Mayor Honorable David B. Trinkle, Vice Mayor Honorable Beverly T. Fitzpatrick, Jr., Council Member Honorable Alfred T. Dowe, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Brian J. Wishneff, Council Member Dear Mayor Harris and Members of Council: Subject: Request Lease of Roanoke Civic Center Annex Office Space Background: The City of Roanoke Civic Center Annex was completed in 2003. The NBDL Roanoke Dazzle and the Roanoke Valley Vipers utilized the third level for office spaces, which were included in their License Agreements with the City through May 2006_ Both sports groups had vacated the offices by June 2006 following the demise of their teams. At present, there is a total of 5,147.1 square feet of office and common use space available. WSET, Incorporated has submitted a Letter of Intent for a five-year lease of office and studio space at an initial base rent of $36,000 for the first year of the term, subject to a 3% increase annually for the remainder of the term. The amount of space requested is 2,688.1 square feet, not including common use areas. The remaining 2,459 square feet of space may be offered to the tenant or converted for internal use. Should WSET, Incorporated decide to lease this additional space from the City, the (ease would be coterminous with and upon the same terms and conditions as the proposed main lease. Honorable Mayor and Members of Council August 21, 2006 Page 2 Considerations: Lease of this space will provide an additional revenue source for the Civic Center. The City of Roanoke would also receive positive exposure within greater than a one-hundred-mile radius. A public hearing is required to consider the lease of office space within the Civic Center Annex. Civic Center management has been working with the prospective tenant to identify specific requirements for operation. Recommended Action: Authorize the lease of 2,688.1 square feet of the above facility and to authorize the City Manager to proceed with the process to execute a five-year Lease Agreement with WSET, Incorporated; and to further authorize the future lease of the additional space upon the same terms and conditions to WSET, Incorporated, should they desire to lease this space from the city, with such lease to be approved by the City Attorney. Respectfully submitted, Darlene L. Burcham City Manager DLB:wyb c: Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Wilhemina Y. Boyd, CFE, Director of Civic Facilities CM06-00149 The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Ti~es REFERENCE: 32143302 9795789 NOTICEOFPUBLICHEARIN . _ _ _ _ _ _ + _ _ _ _ _ _ _ _ _ _ _"~'~W_''''''_'_'''::''''''=-=--:'.'':.;- . I I~NOTlCEOF I I PUBLIC "EI!RING ! I )T116 City of R'lanOkl: proposes 1(1 loa!;!.' up 101 5.147.1 sl]uare teet ofl City.owned properh1Iuc"Jl!:!dl in [he Ro:mok(' CIvic Center Anne~. for use <IS OltiC,el SpolC!:!. tor <I term c.t five yeQts. Furlherinforrrl<llion on this proposal m,,,y be oblaincdfmmthcDlrtlc;'orol Civic Facllrtl!'!S at (540)1 853-2241. . Pur sua n [ lot +1 el req II i re men [S :')f, !j~15.2.1800 and 1813 j Code of V,rginia \19501. <151 amended. notice js hl:tebyl gj~en that the Clly Council ot: Ihe Cilyot Roanoke will holdl il jJublic hearing on the' ahov(' mmter,11 its regular: meeling to be held on: ~u::ust 21. 2006.; commencing at 7:00 II.m.. inl lhe Council Chambers of the .""001 C. Taylor Municillall Building. locatt:d at 215' Church AVllnue. 5.W..' I Roanoke. Virginia 240.11. I Citil",ns snail have: lhe opportunily I? be ~eard and. . Npress thelt opinion!'. on 1 !>lildmatlt'r. . : I if:'y~~'~r~"<l ~-e-;;;~;:;-;;;:I' dlsabllrty who needs acc~mmodations fOt thisl h?arrng. please contact thcl C~y Clerk's Office at ~540, 8:>3-2541. befllrC' 12:00 I. 1~~20~~.Thursday. August I GIVEfII under my hana this I' 9th da}' of AugUSI, 2006. , 'v1clry F. Parker, Cil~ Clerk II ~9795789) _ ___' Ii MARY F. PARKER CITY OF ROANOKE CLERK'S OFFICE 215 CHURCH AVE SW RM 456 NOEL C. TAYLOR MUNICIPAL BLDG. ROANOKE VA 24011 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 t~e annexed notice was published in said newspapers on the following dates, City/County of Roanoke, Commonwealth/State of subscribed before me this 2006. Witness my hand and Vi~gf~a. Sworn and __.).~.._.__day of August OfZ seal. ---/;/MlL <:i1__-{j/! My ( ommi ~f"o~"'~~ PUBJ.,E;liilD ON: 08/11 TOTAL COST: FILED ON: 140.76 08/11/06 -+- - ----------------- - - - -- ~::~::;::~_~iJLc{j-~-. Billing Services s ..... -< ,"" ,- ,,, '" . Repres~tat~ve ,.0;:-', IT. 2;:~ o ~..:.. ~~. -0 '" 'C' .f:::' .:0 . .'/ 'I. I" L'-___ .. , NOTICE OF PUBLIC HEARING The City Df R<.lanoke proposes 10 lease lip to .5,147.1 square feel of City-owned property h>eated in the Roanoke Civic Center Annex_ Ii)]" lIse as orrice space, II)r a kiln of livc years. FurthL'r infollnation on this proposal may be obtained li'om the Dircctor of Civic Facilities at (541J) 853-2241. Pursuant III the requirements Df ~~15.2-1~I)U and 1813. ('ode of Virginia (1950)_ as amended, noticc is hereby givcn that the City Council of the City of Roanoke will hold a public hearing on the ab<.lve mallcr at its regular llIeC'ting to bC' held on August 21, 200(;, commencing at 7:00 p.llI., in tbe CoulIcil Challlbers llf the \lod C. Taylor \Iunicipal Building, located at 215 Churcb AvenUe. S.W.. Roan"ke_ Virginia 24011. Citizens shall have thc opportunity to be heard and exprcss their opinillns on said mallC'r. if y<.lll arc a pC'rson with a disability who nC'eds accommodations for this hcaring, please c,'ntact thL' City Clerk's OCticc at (540) 853-2541, before 12:0IJnoon on Thursday_ August 17. 200h. GIVE'\! undcr my hand this _ 9th__ day of .<\ugust. 20t)(;. j'vlary F. Parker, City Clerk Notice to Publisher: Publish in the Roanoke Times once on Friday, August 11,2006. Send bill and atlidavit 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 215 Church Avenue, S.w., Room 456 RmUloke, Virginia 24011-1536 Telephone: (540) 853.2541 Fax: /5..W) ~5J-1145 [-liwiJ: clcrkc.~\;..:i.r('lallok('. \ il.US STEI'HA~IE ~I. MOOro;. ole Deputy CilY Clerk i\l,\RY E PARKEH-. C:\IC City Clerk SHEILA K HARTMAN As.~i~lallt Cir) Clerk August 24, 2006 File #249 Ms. Marian M_ Ali 431 Elm Avenue, S. W. Roanoke, Virginia 24016 Dear Ms. Ali: Your petition appealing a decision of the Architectural Review Board for a Certificate of Appropriateness with regard to pro perty located at 431 Elm Avenue, S. W., was before the Council of the City of Roanoke at a regular meeting which was held on Monday, August 21, 2006. Based upon evidence presented on August 21, 2006, Council voted to affirm the decision of the Architectural Review Board on June 8, 2006, and that no Certificate of Appropriateness be issued for the installation of vinyl material over the roof soffits of a structure located at 431 Elm Avenue, S. W., as set forth in the Petition for Appeal, on the grounds that the proposed installation is not of the same design as the materials on the building and the proposed installation would not maintain the architectural defining features of the building_ ~Y~f.-P~ Mary F. Parker, CMC City Clerk MFP:ew L:\CLERK\DATAICKEW1\AGENDA CORRESPONDENCE'agenda correspondence 06\Aug 06\Aug 21 06 cor.doc Ms. Marian M. AIi August 24, 2006 Page 2 pc: Mr. Lawrence C. Musgrove, Jr., P. O. Box 13487, Roanoke, Virginia 24034 Kevin Earl, President, Old Southwest, Inc., 641 Walnut Avenue, S. W., Roanoke, Virginia 24016 Lora Katz, Chair, Architectural Review Board, 3555 Heritage Circle, S. W., Roanoke, Virginia 24015 Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney Rolanda B. Russell, Assistant City Manager for Community Development Robert B. Townsend, Director, Planning, Building and Economic Development Anne Stuart Beckett, Agent, Architectural Review Board Martha P. Franklin, Secretary, Architectural Review Board Robert A. Clement, Jr., Neighborhood Development Specialist, Roanoke Neighborhood Partnership L:\CLERKlDATA\CKEW1\AGENDA CORRESPONDENCElagenda correspondence 06\Aug 06\Aug 21 06 cor.doc Mayor Harris and Members of City Council, My name is Marian Ali and I live at 431 Elm Ave. SW in the H2 district of Roanoke. This home was deeded to me by my father, Lawrence Musgrove in December 2005. It had been his place of business from 1977 to 1993. In 1993, this home was vacated and the upkeep since that time had been minimal. When my father deeded the home to me, I was very eager to improve it. It was an opportunity for affordable home ownership. I had new windows put in by the end of February to replace the wooden windows painted with lead paint. March 91h I bought vinyl soffit to replace existing aluminum. March 22nd, I received a notice from the City stating I needed to contact the Agent to the Architectural Review Board before beginning any exterior work. I contacted the Agent as directed in April 2006. I explained that I wanted to replace the existing aluminum soffit and her reply to me was, "that is not a problem, but you may want to consider, exposing the wood and painting it. It would be much better." Many things were discussed that day, but NEVER in that time, was I apprised that I needed to fill out any kind of application to start work. I believed I was ok to continue my maintenance improvements. There was a scheduling delay and work did not begin until May 15th. Had I been informed by the Agent to the ARB, that vinyl was not an approved choice in soffit, I could and would have returned the soffit and gotten my money back. Instead I moved fOlWard only to be stopped when the project was half completed. I went before the Architectural Review Board on June 8th for two considerations: modifications to the windows I had installed and completing the application of the softit. I agreed to modifY my windows with the hope that the Review Board would work with on the soffit issue. They did not. Since that time, I have had to have another appraisal done on the property so that I could secure another loan to have the necessary funds to comply with the Architectural Review Board's demands. It will cost several thousands of dollars to modify the windows. According to the ARB application for a Certificate of Appropriateness "there are guidelines to encourage historic preservation. In ] 979, the porch to 43] Elm Ave, was enclosed to add more office space. Due to prior changes, it has not had a historical presence since well before that time. Aluminum siding over wood was used as the soffit covering material. Aluminum is not a historical element. In surveying my neighborhood in the 400 block of Elm, there are 6 houses with vinyl soffit and with the same design application that I was using in my project. They are 411 Elm Ave., 4] 5 Elm Ave, 4 I 9 Elm Ave., 421 Elm Ave., 422 Elm Ave and 436 Elm Ave. According to the Architectural Review Board's own literature, " The ARB has adopted design guidelines to help you plan compatible improvements to your property. The H- I guidelines adhere to the Secretary of the Interior's Standards for Rehabilitation. H-2 zoning is more flexible, allowing for the use of more modern materials and design solutions." In closing, I did as I was directed to do. I contacted the City official to obtain guidance on this project. I was NEVER directed to fill out any kind of application. Had I been told just that one piece of infonnation, all of this could have been circumvented. The house was greatly modified prior to 1979 and is not historically accurate. Adding the vinyl soffit in place of the dirty aluminum will not detract from the appearance. It will improve upon it. I do have a letter from my neighbor, GeofI Straughn supporting completion of this project. The Architectural Review Board's own guidelines, state that "H-2 zoning is more flexible, allowing the use of more modern materials and design solutions." I have already put approximately $50,000 into updating this house to current code. The modifications of my windows would be a costly additional expense. Materials to change the window glass dividers from the interior to the exterior to meet approval will now cost $1,000 plus labor costs. Since the interior dividers do not throw a "shadow line." I will now have to take out an additional loan and go over my affordable budget. 1 am asking you Mayor Harris and each Member of Council to be flexible and work with me on the maintenance of my home.l do not Williamsburg but in a struggling old neighborhood with great neighbors, drug dealers and prostitution issues. Thank you. (. .. VIRGINIA; 8. 9. IN THE COUNCIL OF THE CITY OF ROANOKE IN THE MATTER OF ) ) ) ) . PETITION FOR APPEAL This is a Petition for Appeal from a decision of the Architectural Review Board under Section 36.1-642(d) of the Zoning Ordinance of the Code of the City of Roanoke (1979), as amended. 1. Name of Petitioner(s): l\'\oYl'oYl N'\. 1+\ " Doing business as (if applicable): 'POE)\'-k'v'e... f-f~ed- ~e<G\peu-\''u ~ssa :l-e..-> Street address of property which is the subje~ 9f this appeal: 1.\3 \ ~\m R-Je.. SW "Kcono\:::e,., V Cl ~ 40\ l,t' 2. 3. 4. . Overlay zoning (H-1, Historic District, or H-2, Neighborhood Preservation District) of property(ies) which is the subject of this appeal: H --:t 5. Date the hearing before the Architectural Review Board was held at which the decision being appealed was made: 5u ne.. ~);;l. 00 {p Section of the Code of the City of Roanoke under which the Certificate of Appropriateness was requested from the Architectural Review Board. . (Section 36.1-327 if H-1 or Section 36.1-345 if H-2): 5ec.-i-ion:3 ~ .1...-..314:'; 6. 7. Description of the request for which the Certificate of Appropriateness was sought from the Architectural Review Board: Cl 1/ I" n '+ -+0(' " Li. - c+- . l\f'a(" LoYY\9\ 'on. Grounds for appeal: .121 eel f;e; see, a-t-k:Ghecl Name, title, address and telephone number of person(s) who will represent the Petitioner(s) before City Council: Law fence G, l'Vl~ro~) 3(" v.D. 'PYnt 121413'1 1<.o:::mo/<:.v Vel ~40,':3L-\ @l\o) 34L\--5Sg3 or (6LlO) 1q~ oz,(Q'1(;V. '. . ~\rlc\nQ(\ W\ A-\; 4-31 ~\m ~5vJ 'R~ro\(e Vet dLJ-tJ/0 (5L}O)6'31-\ \ ~3 D( (bi.i-o) 31 t.f -lo ~81 .c WHEREFORE. your Petitioner(s) requests that the action of the Architectural Review Board be reversed or modified and that a Certificate of Appropriateness be granted. Signature of Owner(s) (If not Petitioner): Signature of Petitioner(s) or representative(s), where applicable: /YLaUC/~ >n. aLu Name: Manon m. If/I (print or type) Name: (print or type) Name: Name: (print or type) (print or type) ------------------------------------------------------------------------------------------------------------ TO BE COMPLETED BY CITY CL.ff}K: Received by: ~ ~9, r ~ 1-_. Date: 1) '? - 07 -<P /, . ~. Marian M. Ali : Petition For Appeal 8. Grounds for appeal: This property was deeded to me by my father, Lawrence C. Musgrove in December of2005. I was anxious to improve the property and immediately started renovations. I ordered and paid for soffit March 9,2006. March 21st, I received notice from the City of Roanoke to" contact Anne Beckett before begirming any exterior work in the H-2 District" In April, 2006 I contacted Anne Beckett as directed and explained that I wanted to replace the sofitt on my house. Her reply was, "that is not a problem". She then went on to explain the benefits of taking the old soffit down and painting the wood underneath. We talked at great length about a variety of things, including replacing the gutters. NEVER was I instructed to come and fill out an application before continuing. Once our conversation was completed, I believed I could proceed with the project. In May 2006, the workmen were replacing the soffit (almost completed) when they were abruptly told to stop because I was in violation of the Historic District codes. I was having aluminum soffit replaced with vinyl soffit. I was having one artificial substance replaced with another. Never was I told that this was not allowed. My contcntion, is I did as I ~~s instructed. I.called Ms. Beckett. However, she failed to communicate to me what was required. Had I been told that I needed to fill out a form, I would have done so, and all of this could have been circumvented. I would have learned I was not to replace aluminum with vinyl. I could have returned the soffit and received a refund. As it stands now, I have put $2,400.00 in a project that I am unable to complete. As a City employee and the "go to person" for information regarding what is appropriate in exterior renovations in Old Southwest, I was not informed and should not bear the expense of having someone come and tear out the existing replaeement soffit to then replace it with aluminum soffit (which by the way is 2.5 times more costly than vinyl). I am already working with the -Architectural Review Board in bringing the 34 vinyl replacement windows I had installed up to their approval. I am to have exterior muntins placed (at .15 an inch plus labor) and remove the aluminum encasing the window sills and brick moulding. Of course all this exposed wood will have to be painted. This in itself is a costly venture. As one board member told me, "your house is an eye sore." I don't disagree, but I am trying to improve the condition of the property. I have a business there. I currently live there. However, I have limited funds. lbrowing away $2,400.00 is unconscionable. ,';':'~.~':::: ~ ~~~ ij) ; ~;:~:..~.\ (;~',ji'~~;~I'.i. ';;{!0 n4i'" "tfJ' ..(,.....\,\;\ ."',. ',.." .... ;.. :~!:t:::..c .;;.>.' . . ". ot-.J:~i'ii ..... j \~e;~~ . '''...-:../ '...~i;\~{.,l-',\;_\\l> .' "'_:::~_/ CITY OF ROANOKE PLANNING BUILDING AND DEVELOPMENT 215 Chllrch A\'OlIlIe. S.W.. KoomlM, Roanoke. "irgillia 24011 Telephone: (5401 H53.1730 hx: (5401 H53.IBO E-mail: planning(i'i1l'i,."oanoke.\'a.lIs .\n"hill"dur:11 Rl"il'\\ Huard nllanl .,1' Z.,nin!-: '\Pllt'al~ Phlllnin;::(.lIl11llli....i,1I1 August 21, 2006 Honorable C. Nelson Harris, Mayor Honorable David B. Trinkle, Jr., Vice-Mayor Honorable Alfred T. Dowe, Jr., Council Member Honorable Beverly T. Fitzpatrick, Council Member Honorable Sherman Lea, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Brian J. Wishneff, Council Member Dear Mayor Harris and Members of City Council: Subject: Marion AIi Appeal of Architectural Review Board Decision 431 Elm Avenue, SW. Background: On July 7,2006, Mrs. Marion M. Ali appealed the Architectural Review Board's June 8, 2006 decision to deny her request for vinyl material to be installed over the roof soffits of a structure located at 431 Elm Avenue, SW. The house is two- stories, brick, with a hip roof and extended eaves. The soffits under the eaves are currently covered with a smooth surface aluminum. On May 18, 2006, Mrs. Ali began replacement of the aluminum soffit material with vinyl soffit material of a different design. A stop work order was issued because no Certificate of Appropriateness had been issued. Mrs. Ali called Ms. Beckett, Agent of the Architectural Review Board, who met with her on site. After meeting with Ms. Beckett on site, Mrs. Ali filed an application for a Certificate of Appropriateness for the vinyl soffit covering, which was considered by the Architectural Review Board (ARB) on June 8, 2006 (See Minutes: Attachment A). Currently, the soffit work is less than half complete. Some of the original wood soffit is now exposed and appears to be in good condition. (See Photographs: Attachment B). At the same June 8, 2006 ARB meeting, (under Old Business) Ms. Ali requested approval of her existing window replacements. She had replaced all the double- hung wood windows on the house with double-hung vinyl windows without a Certificate of Appropriateness. With suggestion made by Ms. Beckett at the Board meeting, a motion was made to approve the new windows with modifications. The motion to approve the application with modifications passed by a 5-0 vote (Ms. Katz and Mr. Stephenson absent). The ARB discussed the project at length, and members of the ARB commented that they were not supportive of the addition of the vinyl soffit. Board members suggested that she either remove all the material and repair and retain the original wood soffits or retain the existing aluminum soffit material. The motion to approve the application failed by a 0-5 vote (Ms. Katz and Mr. Stephenson absent). Ms. AIi was formally notified of the denial and of her right to appeal to City Council by letter dated June 9, 2006. Mrs. Ali filed an appeal of the Architectural Review Board's decision on July 7, 2006 (Attachment C). Considerations: The H-2 Architectural Design Guidelines state that the application of synthetic siding is inappropriate because it can trap moisture and hide damage that needs to be repaired. It is applicable only in the most severe cases where the Board finds it necessary to save a building. Staff could not identify any recent applications to the ARB for vinyl soffits or any previous appeals to City Council related to the denial of a request for only vinyl soffits. Since December, 2003, the Board has not approved any request for synthetic siding material including soffits. Since June, 2003, three ARB denials for synthetic siding were appealed to City Council, which upheld the ARB's decisions. Besides the issue of using synthetic cover-up materials, the proposed vinyl soffit material has a design which is not compatible with designs commonly found in the historic district. The proposed soffit material has a design with ridges that run perpendicular to the faCfade of the structure. Typically in the historic district, a material such as bead-board would be applied to soffits with the beads oriented to run parallel to the face of the structure, or the material would have a smooth surface. The ARB encourages that any covering over of soffits be done with either a bead-board or smooth-textured material to promote architectural compatibility. Ms. Ali states as grounds in her Petition for Appeal that Ms. Beckett indicated to her that she could proceed with the work to replace the soffits without making an application. It is the ARB's observation and experience that staff consistently requires a formal application process for all work performed in the historic district which requires a COA. All exterior projects require written approval whether on a "Repair/Replace" form or on a staff level or ARB level COA. Regardless, we believe any decision made on appeal should be limited to the question of whether or not the replacement material is compatible with the historic district. ~ Recommendation: The Architectural Review Board recommends that City Council affirm its decision to deny the issuance of a Certificate of Appropriateness. Sincerely, Alliin 6' 'i!hiJb'l Alison S. Blanton, Vice-Chair Architectural Review Board cc: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney R. Brian Townsend, Director, Planning Building and Development Anne S. Beckett, Agent, Architectural Review Board Lora Katz, Chair, Architectural Review Board Marian Ali , .' ATTACHMENT "A" City of Roanoke Architectural Review Board June 8, 2006 . Minutes The regular meeting of the Board was held on Thursday, June 8. 2006. The meeting was called to order at 4 p.m. by Alison Blanton, Vice Chairman. Ms. Blanton read the rules of procedure and attendance was as follows: Members Present: Alison Blanton Barbara Botkin Don Harwood Robert Richert James Schlueter Members Absent: Lora Katz Jon Stephenson The following items were considered: 1. Approval of Mav 11, 2006, Minutes. . Mr. Richert noted the following: Page 14, paragraph 1, line 5, muster instead of mustard. Page 15, paragraph in the center, 2nd line. external instead of exergual. Page 17, 10th line from the bottom, charter instead of chard. Mr. Schlueter made a motion to approve the minutes as amended. Mr. Harwood seconded the motion. The minutes were approved as amended. 2. Request from Darrell and Bonnie Clark for a Certificate of Appropriateness approvinq front porch and sidewalk replacement at 429 Washinqton Avenue. S.W. Mr. Clark appeared before the Board and said he appreciated the Board continuing the matter. He said that he would like to do his sidewalk, two side walls and columns in brick. He said that he understood that he could not do his steps in brick. Mr. Richert asked Mr. Clark if he planned to use concrete caps on the columns. Mr. Clark said that he would like to use brick caps. Mr. Schlueter asked Mr. Clark if he would be using a facing brick on the piers. Mr. Clark said that he would. He said that the piers were currently painted. . . Architectural Review Board June 8, 2006 Page 2 Mr. Harwood asked if he understood that Mr. Clark was going to apply a veneer brick and not replace the brick. Mr. Clark said that was correct. Mr. Harwood said that given the height of the porch, he did not see a problem. He said that he did have a problem with the concrete walk, which he felt should remain concrete. He said the side walls would have probably been brick and the steps would probably have started out as wood. He asked if a thin veneer would be done on the side walls. Mr. Clark said he did not plan to do that. Mr. Harwood asked if a railing was proposed. . Mr. Clark said that he would like to have a black metal railing. Mr. Harwood asked if that was part of the proposal. . Mr. Clark said it was and he would like to have it on both sides. Ms. Blanton asked Ms. Beckett for staff comments. Ms. Beckett said that she was not sure what Mr. Clark was requesting. She said that she had not seen the details. Mr. Schlueter said he would like to see a sample of the brick. There was further discussion about what Mr. Clark was requesting. Ms. Beckett said that she would not vote for approval on the brick sidewalk, which she felt should remain concrete. She said that she was not sure about brick piers and questioned whether the Board was discussing the brick porch piers. Ms. Blanton asked for audience comment. Mr. Mark Kary (813 5111 Street, SW.) appeared before the Board and said that the Board should approve the request because it was not a structural change to the house itself. He said that when creation of the historic district had been discussed in 1985-86, the type of items that Mr. Clark was requesting had been . . Architectural Review Board June 8, 2006 Page 3 discussed and it had been agreed that those types of things should be left up to the homeowner. Mr. Harwood said that the Board was charged with preserving the character of the fabric of the historic district. He said that he felt that removing a concrete walk that had been there for a long time and because concrete was a predominant material, the Board had to be careful in their review of these types of requests. Dave Tate (510 Highland Avenue, S.w.) appeared before the Board and said that half the sidewalks in Old Southwest were made of brick, He said that the Board should probably concentrate their efforts on things that were a little more helpful to the people in Old Southwest. . Mr. Richert said that that he was not comfortable with creating an application from the dais. He said that the Board did not have enough specific information in print. He said that the rebuilding of the side walls in brick with concrete caps would be acceptable to him. He said he thought the veneering of the piers would be a mismatch. He also noted that while many of the pedestrian sidewalks in the neighborhood were brick. most of the sidewalks that went from the house to the street were concrete. He said he could not support the application as he understood it. Mr. Harwood said that he thought brick sidewalks were a fine line. He said that the Board recognized the need to prevent insensitive replacement of existing historic material, He said he was okay with the veneer on the brick piers. He said that he was not okay with brick caps on top of the wing walls. He said that he felt having a brick sidewalk removed part of the fabric and was a personal choice. not a maintenance issue. Board members discussed their role In using the design guidelines in making decisions in the historic districts Ms. Blanton said she felt very strongly about keeping the concrete steps and sidewalk. She said she could go with the brick side walls but only with concrete caps. She said that she wanted to make sure the suggestion on the brick piers was carefully thought through. Mr. Clark said that he did not understand how anyone could say that brick was not historic material, He said that he had worked with brick for years and it was historic. He said that he and other neighbors wanted to use brick to increase the . . Architectural Review Board June 8, 2006 Page 4 value of their home. He said that he wanted brick steps and brick sidewalk and said he did not understand what difference it made. He said that if he needed to come back with a more complete application, he would do that. Mr. Richert suggested that the Board take Mr. Clark up on his offer to continue the matter. He said that clarification was needed on the pier, arid how the band board, porch floor and overhang related. He made a motion to continue the matter. Ms. Beckett said that if the Board was going to continue the application, Mr. Clark needed to come back with a request for approval of a window that he had changed without Board approval. The motion was seconded by Mr. Harwood and approved 5-0. 3. Request from Marian Ali for a Certificate of Appropriateness approvinq existinq replacement windows at 431 Elm Avenue. S.W. . Ms. Ali appeared before the Board along with a gentleman she said had done the work on her windows. She said that last month the muntins had been an issue and she presented a photograph taken from the inside which showed the seals. Ms. Ali said that she now planned to install the muntins on the outside. Ms. Blanton asked Ms. AIi if she had any of the original upper sashes with the muntins. Ms. Ali responded that she did not. She said that she had given the Board a photo. Ms. Blanton asked Ms. Ali if she had taken any measurements of the original sash frame vs. the new ones. Ms. AIi's unidentified contractor said that the measurement was the same. Mr. Harwood said that he had looked at the new windows and contrary to one of the issues they did have a flatter face profile which was more reminiscent of the original sashes. He said that he was encouraged that Ms. Ali was able to come up with the muntin bar. He said he thought it was a much closer solution than what had come to the Board previously. Ms. Beckett said that she agreed with Mr. Harwood to a point, but was curious as . . Architectural Review Board June 8, 2006 Page 5 to whether the Board was going to address the trim that had been covered. She asked that it be removed. Ms. Blanton asked for comments. Mr. Richert said that it is always difficult for the Board when someone comes in after the work has been completed and then asks the Board for a stamp of approval. He said that it was his observation that the' original sashes were somewhat narrower. He said that he agreed that the muntins provided a shadow line. He said he was not comfortable with the application and the window would not have traditionally been approved as presented if it had been brought to the Board ahead of time. Mr. Richert further stated that there were appropriate windows that could be replaced and if the Board did not maintain the same kind of criteria for every structure in the neighborhood then they were doing a disservice to the property owners who came to the Board in advance of doing work. He said he would not be able to support the application as presented. . Ms. Blanton said that there was a layer of trim, a brick molding that gives a different look. She asked if there was a way to remove the trim from the brick molding? The unidentified gentleman with Ms. Ali said that he could fabricate the metal with a brick molding effect. Ms. Blanton said the Board would like it removed. The unidentified gentleman said he could remove it and leave the original brick molding in place. Mr. Harwood strongly suggested that the applicant consider allowing the original brick molding to be exposed. He said he would accept the application of the window with the applied muntin bar and removal of the aluminum coil stock and painting. Mr. Schlueter said that he agreed with Mr. Harwood. Ms. Blanton asked Ms. Ali if she was comfortable with removing all of the aluminum coil wrap and installing the exterior, raised muntin as presented today. Ms. Ali said she would. . . Architectural Review Board June 8, 2006 Page 6 Mr. Harwood moved to accept the application as presented with the exception that the exterior muntin bar would be applied to the exterior face of the window, removal of the aluminum coil stock off of all the brick molding and window sills. The motion was seconded by Mr. Schlueter and approved by a roll call vote of 4- 1 as follows: Ms. Botkin. yes Mr. Harwood - yes Mr. Richert - no Mr. Schlueter - yes Ms. Blanton - yes 4. Request from Marian Ali for a Certificate of. Appropriateness approvinq existinq vinvl soffit replacements at 431 Elm Avenue. S.W. BEGINNING OF TRANSCRIPT . Ms. AIi stated she had received the card on March 20, 2006. She already ordered the soffit, in fact, it was laying in her back yard. She called and spoke with Ms. Beckett and she explained what she wanted to do and talked about the gutters and the soffit, It was a lengthy conversation. When she got off the phone. she thought she was good to go. It was May 16, 2006, she was stopped, they started May 141n getting it installed. She didn't understand why she was being stopped. She thought they were good to go. She showed .an example of the soffit that was there currently and also showed an example of what they were installing. She stated had she understood that she needed to come and fill out something. She thinks all of that could have been circumvented, but nothing was ever said about coming down and filling out an application. She thought she was good to go. If she wasn't, she could have very easily sent the soffit back and gotten her money back. That is not what happened. So they are halfway through the project and were told to stop. She thinks it truly was a miscommunication but all the form said was to call Ms. Beckett, which she did. Evidentially, they did not communicate together very well. The soffit was halfway up and she had pictures to show about what is existing and what remains to be done. She just asked that she finish what she started. Ms. Blanton thanked her for following the instructions on the card. She asked for comments from the Board or questions. Mr. Harwood asked to see what they had taken off. He asked if that was a continuous piece. He asked if there was a joint from the outside edge back to the . . Architectural Review Board June 8, 2006 Page 7 body of the house. Ms. AIi stated no; evidentially they took aluminum siding left over and put it up. Nothing was ever said about design, in fact, she talked at length about those. She was getting ready to order her gutters and fortunately she was stopped because she was getting ready to order the wrong thing. Ms. Botkin asked if it was aluminum on the face of the house or wood. The part that was covered with the new soffit. Ms. Ali stated it was aluminum. Mr. Harwood asked if to the right was the new. Ms. Ali stated yes. She did not have real good pictures, it was raining that day. Mr. Harwood asked what the condition of the wood fascia was, which is the vertical part or leading part and wood soffit, which is the horizontal part underneath. . Mr. Talevi asked that they address the board from the podium. Ms. Blanton stated that they had been looking at photographs that show the condition of the soffit prior to the replacement. She asked to hear the staff report and they would go back to comments. Ms. Beckett stated that she was glad Ms. Ali used the card, she wished she had used it for the windows. it would have been helpful. She agreed that it was a miscommunication. because she never would have approved the vinyl and she could not approve it now. She thinks the wood appears to be in good condition. She would even approve putting aluminum soffit up but she could not approve the vinyl. We don't allow vinyl in some of the most severe conditions, she doesn't know what happened during that phone call, she recalls the phone call but does not recall what she told her about the vinyl soffit. She still recommends denial. Mr. Schlueter asked if a letter went out when something was approved for people. did they normally send them some sort of confirmation if they do approve something administratively. Ms. Beckett stated they still have to fill out a form, they still have to get a . . Architectural Review Board June 8, 2006 Page 8 Certificate. of Appropriateness. everything she does is on a form. Somehow, that was mis-communicated, Mr. Schlueter asked if the process. as she has it set up, requires them to fill out a form and send a letter, so everything is documented. Ms. Beckett stated yes. Ms. Blanton asked for the audience comment on the application. Jim Thompson appeared before the board and stated he was not in favor of vinyl siding by any means. but what she was doing is probably the better way to go for several reasons. One. the house had probably been altered years ago and number two, he thinks it looked far superior than what is up there. That is the wood section and since the soffits are a difficult area to deal with. he didn't think it would be that big of a deal to approve it. . Mark Kary appeared before the Board and stated that he concurred with Jim. It was one of those situations where they have a lot of houses in that neighborhood that have been in a serious case of deferred maintenance. Although, he was not a fan of vinyl siding, he doesn't have a stick of it on his property. he thinks that is a situation where vinyl siding actually enhances it. In wrapping with the vinyl, at least it is protected. If some owner further down the line, with a deeper pocket. wishes to bring it back to a restored state, it is still possible to do so. it is a severely remodeling task. He thinks when there are misunderstandings, quite often, it is the homeowner that takes the hit. He couldn't help thinking while she was going through all the window gymnastics, what it was going to cost her. Ms. Blanton asked the Board for anymore comments. Mr. Richert stated if he understood what was happening there, the vinyl material was being applied perpendicular to the building and even when the Board considered soffit cladding years ago, they always required that the vinyl be applied parallel to the building because it at least gave the impression that it was the kind of narrow board, wood, tongue and groove board typically applied to those soffits. That makes the appearance significantly inconsistent with the historic context of the building and its neighbors. Currently, he was of the opinion, it was possible to replace soffit material with wood that is almost identical in appearance to the historically accurate materials and it was being done elsewhere in the neighborhood. The thing that is difficult about cladding material of any kind, is it will mask problems that develop if there are no . . Architectural Review Board June 8, 2006 Page 9 problems now. He couldn't tell from any of the photographs that he has seen, what tlie condition of the existing soffit original material is, whether there were gaps in it, holes, whatever. He doesn't know what that is, so he would have to assume that it was there and that the aluminum was attached to it and that's what she is attaching the vinyl too. Based on the current application, he could not support the petition because it would really alter the contribution that the house could and should make to the' streetscape, so lacking any other information, that IS where his position would be. . Mr. Harwood agreed with Mr. Richert, he thinks back when they were going through the transition of whether vinyl or aluminum was an acceptable synthetic material, he believes on several occasions they had noted to the applicant that, if in fact the roof leaking problems were gone and guttering leaking or overflow situations were gone, the things that tend to make a fascia and soffit material deteriorate. they strongly encouraged the homeowner to go ahead and put back in or replace any damaged or deteriorated wood either on the soffit or fascia. He thinks the applicant, though they have been off to two false starts, is actually wanting to do the right thing. He doesn't have a crystal ball, but his guess is that eventually the front porch will look like it used to look like way back when. He thinks that is where she wants to go. With that thought in mind. he would really encourage her to take a look at going on and having the fascia and soffit material, the wood components repaired, since she has already started the removal of the aluminum and put it back the way it was because it is going to be a handsome house. He thinks ultimately, when everything is done. that is going to be the weak link in the chain. He absolutely could not approve of a vinyl or aluminum wrap on such a predominate material; Of the issues that they have discussed today, it was so very obvious what has been put up there and he would strongly encourage her to amend her application to go back with repair in preparation of the existing wood fascia and soffit. Mr. Schlueter agreed with both of those speakers also. That material has no place where it is being used. He doesn't know what the condition of the wood is underneath but from what he can see and has seen, she could probably work with it. He doesn't think it would cost her anymore than what that is costing her. It may not be quite as quick, not quite as easy, but he thinks, as Mr. Harwood said, the end result would be much better and it is a very prominent feature of her home. He thinks if she is going to do anything right. anywhere, that is a good place to start. Ms. Blanton asked if there were anymore comments and then asked that the applicant come forward. . . Architectural Review Board June 8. 2006 Page 10 . Ms. Ali stated that her argument would be that she did what she was told, she contacted and was not given the information that she needed. She had no problems with going down to the bare wood and painting it. They had talked about that, Ms. Beckett had mentioned that, but the cost that it was going to take and what is was going to involve. she decided to go with the vinyl soffit because she thought she could. It laid in her back yard for almost two months before she even got there. If it had been conveyed to her that she needed to come and fill out a form, she would have done it but there wasn't any. How was she supposed to know what to do when it is not conveyed to her, when she is not told. Maybe $2.400 is not a lot to them, it was a lot for her. She had already spent it, the soffit was already cut and is laying there stacked up. If they want to go back to the bare wood, but that is money that she is losing, and she does not have it to go back and start all over again. She did what she was told, did exactly what she was told. She doesn't think she should have to pay the price for that miscommunication. she does not think it was deliberate. there was no ill intent. She became the homeowner in 2005, she got the card on March 20th. Her windows were in by February 23, 2006. When she got the card. she called. She doesn't think she should have to bear the burden for that and as far as changing back to the porch, that would be great but that is where her office is and where she does business. She doesn't think that is going to happen soon. She did live at 445 Elm for a while and the front porch was great. but if you are talking about architectural changes, look at what has happened to 445 Elm, they have this ramp. A metal wheelchair ramp sticking out of the front of the house, pretty predominant, pretty noticeable compared to her soffit. That was a big change, a structural change. They had to knock out the porch and put in metal railings and pour concrete, that was a huge change. Ms. Blanton stated that they had reviewed that very carefully and worked very closely with them to come up with that design. Ms. Ali stated that was fine but she is saying they are talking about making big changes. her soffit compared to 445. Ms. Blanton stated they had to look at each element of the building. Ms. Alj stated she understood but does not think it was right for her to bear the burden of something that she tried to follow. she called. Ms. Blanton asked Ms. Ali, beyond calling was she ever referred to the guidelines themselves or aware that they are accessible. . . Architectural Review Board June 8, 2006 Page 11 Ms. Ali'stated she went by what it said on the card, it did say you could review the design guidelines, according to the card. She called Ms. Beckett arid told her exactly what she was going to. do and somewhere something didn't get communicated and when she hung up she thought great, they were good to go. They were in no hurry. it was May 14th before they even got started, The soffit had been paid for March 9. 2006. . Mr. Richert stated.that it was not that they were unsympathetic to the fact that she may have had a miscommunication with the City. There has been more than one citizen that has had that problem, in fact, it is not uncommon to go from one door to. another and get a different answer and there are individuals who will wander around City Hall until they find somebody who gives them the answer they want, so it does happen. It is important that you understand that the Board is not here to make those things right, they are here to do a very specific thing that is required by the Code and to evaluate change in advance and to help applicants arrive at solutions that meet their needs. Miscommunication would become an epidemic if it were allowed to be an excuse because a lot of times people do hear one thing, get an application do one thing, do something else. It is not that we're unsympathetic, it is just that the end result of what they do there, is expected to last many, many years and they have to constantly be mindful of the fact that when they do something that is inconsistent with the pattern they have established over time, then they will hear multiple applicants over a lot of years, point to the inconsistency and want to do exactly the same thing. They simply can't get in a position where they allow something that is inappropriate to be done because of mitigating circumstances that could include cost, investments, or miscommunication. They are sympathetic but that is really where they are on the application of their duties. Ms. AIi stated that it was synthetic material. Mr. Richert stated that it was put up many years before there was a historic district and could have remained. Ms. Ali stated that what she had could not look any worse than that. Mr. Richert stated that it did and said he was sorry. Mr. Harwood stated that once she goes to change, they are in a position, they can't walk around to everybody's house and say "you have to take your vinyl siding off, we don't care when you put it on there" but if you come before us and . . Architectural Review Board June 8. 2006 Page 12 ask to put it on there, then they need to judge that based on whether they think that is an appropriate material. He agrees with Mr. Richert that it was a tough position for her and he thinks from their point, they can only judge the rnerit of the proposal, the extenuating circumstances behind that. They can not judge based on that being on the table, that is for a Board higher than ours. Ms. Blanton stated that it very clearly states in their guidelines how they do expect the soffits to be handled and the application as proposed does not meet the guidelines. that is the position that they are in now. Ms. Ali stated that she understood their position but her position was that if Ms. Beckett. is the point person and she goes to her for guidance, clarification and. conversation about what she is planning to do and she doesn't get what she needs, because there she is, then she doesn't see where that would be right for her to bear the burden, the financial burden of that. . Ms. Blanton stated again, they were sorry for that. it was a very unusual circumstance. In her ten years on the Board, she has never had a situation like that before. Ms. Beckett had always done a great job for them. All she can say is that the people that complain about all the paperwork that is required. that is one of the reasons it is required so that they don't end up in those kinds of situations. Ms. Ali agreed but stated she needed to know that and it was not conveyed at all. That's what gets her, how is she supposed to know if it's not told to me. If I go to your point person and that is not conveyed to her, then how is she supposed to know. Ms. Blanton stated that it was no consolation to her but she imagines that everybody on staff will be very careful from now on to make sure that things are explicitly communicated and even taking an extra step on coming in and putting that down in writing. They appreciate her responding to the card and trying to do the right thing and most of all they appreciate the investment she is making in the house, the district. At that point, she asked Ms. Ali if she wanted the Board to vote on the proposal as submitted. Ms. Ali stated yes. Ms. Blanton asked the board if she could have a motion and it was stated that the motion was already on the floor. . . Architectural Review Board June 8. 2006 Page 13 Ms. Blanton asked Mrs. Franklin to poll the board and the request was denied 5 -0, as follows: Ms. Botkin - no Mr. Harwood - no Mr. Richert - no Mr. Schlueter - no Ms. Blanton - no END OF TRANSCRIPT 5. Request from Heather Bathon and Rosemary Stavale for a Certificate of Appropriateness approvinq existinq sidewalk and porch step replacements at 501 Washinqton Avenue, S.W. . Ms. Bathon appeared before the Board and said that she had lived at 501 Washington Avenue, S.W., for 22 years. She asked that the Board grant her a Certificate of Appropriateness for the sidewalk and steps that she replaced six months ago. She also said that Mr. Richert should not participate because he and his wife had ridden by her property and waved at the time the sidewalk and steps were being installed and had not stopped to tell her a Certificate was needed. Ms. Bathon said that she had letters from her neighbors who were not able to attend. but were in support of her request. She also asked that a letter from Kevin Earl, president of Old Southwest, Inc.. be read into the record. Ms. Bathon was informed that all members of the Board had copies of Mr. Earl's letter. Ms. Bathon said that she disagreed with two statements in the staff report. She said that her house was not sitting on a painted brick foundation and that she had not used thin pavers, as written in the staff report. Ms. Bathon presented various size pavers and pointed out the thicker paver that she had used. Ms. Bathon also stated that the concrete walk and steps were very slippery when wet and people had fallen. Ms. Botkin asked Ms. Bathon if she had done the pavers herself. She said that she did not care for the gray mortar joints. She also said that the rise on the top step would probably be brought up by other Board members. She said that she thought it was an enhancement to the house. Ms. Bathon responded she had not done the pavers, but that a brick mason had . . Architectural Review Board June 8, 2006 Page 14 done them. She further stated that she had not yet pressure washed the sidewalk and steps with an acid solution in order to clear the mortar joints. Mr. Richert said that the difficulty the Board had was the after-the-facl precedent. He said that the Board could be in danger of making decisions for one applicant over another. He said there was a problem'laying brick over something that is already there. He also said that the front lip on the brick should be a bull nose brick, He said that he understood the aesthetic attractiveness of brick sidewalks. Ms. Beckett gave the staff report and said that the applicant should have asked before doing any work. She said she understood that Ms. Bathon was trying to do the right thing, but the steps were totally inappropriate. She said she would recommend concrete for the steps and possibly allow the sidewalk to remain brick. Ms. Blanton asked for audience comment. . Mr. Mark Kary appeared before the Board and noted he had invested in OSW since 1982. He discussed various prqblems in OSW. He also said that there were substantial amounts of brick in OSW. He said that Ms. Bathon has always set a high standard for home maintenance in the area and was always aesthetically and historically sensitive when doing work. Mr. Kary said that brick existed as historic throughout the neighborhood and the application should not be denied. Mr. Jim Thompson (no address given) said he thought the brick looked fantastic and should be allowed. Joy Taylor (441 Washington Avenue) appeared before the Board and stated that she hoped the Board would approve the request because it looked fabulous. She said that painted concrete was very dangerous. Mr. Harwood said that although the Board was a steward of the neighborhood, it was also overseeing a working historic district. He said there had been a lot of public comment on brick sidewalks and steps and bricks were not synthetic materials. He said that what Ms. Bathon had done looked okay and he felt it was a personal choice. He said that the Board might need to define some parameters where a change in material might be appropriate. He said he felt that in this case the use of this material was done sympathetically and he would probably vote in favor. . . Architectural Review Board June 8. 2006 Page 15 Mr. Richert said that it was sometimes difficult to be the most conservative member of the Board. He said that the board had made a distinction in their discussion about public and private sidewalks. He said that the issue at hand was a private sidewalk. He said that his position had not changed. He also said he had heard a need for personalization and took that very seriously. Ms. Blanton said she was a little torn. She said that brick was a historic material. She said that perhaps the brick sidewalk was appropriate but the steps were part of the house. She then asked Ms. Bathon if she had applied the brick pavers on top of the existing concrete step. Ms. Bathon said that was correct. She said that the mason has scored the concrete in order to get good adherence. Ms. Blanton asked for a roll call vote on the application as submitted. The request was approved 4-1 , as follows: . Ms. Botkin - yes Mr. Harwood - yes Mr. Richert - no Mr. Schlueter - yes Ms. Blanton - yes 6. Request from Garv and Melinda Kantor for a Certificate of Appropriateness approvinq proposed sidewalk and driveway replacements at 406 Walnut Avenue. S.W. Mrs. Kantor appeared before the Board and said that she wanted to do some exterior improvements to her property. She said that the existing brick sidewalk needed to be re-Iaid. She said she would also like to fix the driveway because the area outside of the two concrete strips was very messy when it rained. She said that she had talked with a gentleman who had done quite a bit of work in Salem and used brick made of concrete pavers. She said she was open to the Board's suggestions. Mr. Harwood said that the brick sidewalk leading to the house was a maintenance issue. Mr. Schlueter asked Mrs. Kantor if she wanted to widen the driveway. Ms. Kantor said that she would like to make the area between the sidewalk and . . Architectural Review Board June 8, 2006 Page 16 the driveway wider. Mr. Harwood said'that the concrete paving strips were very unique. Mr. Richert said he would have to know the dimensions that Mrs. Kantor was considering. He said he understood the front sidewalk situation and did not have a problem taking up the front walk and putting back concrete pavers that looked like brick. He said that the flagstone between the house and the driveway made a lot of sense because paving right up to a building could lead to a water problem. He said he would not be comfortable with widening or filling the driveway and would be very reluctant to fill it with pavers. Mrs. Kantorsaid that it would help if she could fill in from the porch back. The Board and Mrs. Kantor discussed where cars were parked in the driveway and the possibility of filling in an area of the driveway from the house back to the end of the driveway. . Ms. Beckett gave the staff report and ,said that she appreciated Mrs. Kantor's willingness to work with her and the Board. She said the brick pavers that Mrs. Kantor was proposing were appropriate for sidewalk replacement. She noted. however. that she was adamant that the concrete strips in the driveway be kept. She suggested that possibly a border of pavers on either side of the strips could be added to widen. Ms. Blanton asked for further comments. Mr. Richert said that he thought the Board could work with Mrs. Kantor, but did not need to design the project. Mr. Harwood said that the concrete strips definitely needed to be preserved. He said he would be more inclined to have infill past the front of the house instead of having field stone between the strips. Ms. Blanton asked Ms. Kantor if she was willing to continue the matter and consult with Ms. Becket and another Board member on possible solutions. Ms. Blanton mentioned that the issue of repairing the sidewalk was maintenance. Ms. Kantor said that she was in no hurry and could wait until September. Mr. Harwood then made a motion to repair the brick sidewalk and allowing an . . Architectural Review Board June 8, 2006 Page 17 increase in the width of up to 50% of the connector sidewalk over to the driveway. The motion was seconded by Ms. Botkin and approved by a roll call vote of 5-0, as follows: Ms. Botkin - yes Mr. Harwood - yes Mr. Richert - yes Mr. Schlueter - yes Ms. Blanton - yes 7. Request from Billv L. Cunninqham. Sr.. represented bv Merrill Noreen, for a Certificate of Appropriateness approvinq proposed handicap ramp at 1205 Wasena Terrace. S.W. Mrs. Lora Cunningham and Mr. Noreen appeared before the Board. Mrs. Cunningham said that her husband was handicapped and needed a ramp for access into and out of the house. Mr. Harwood questioned the 2x4 top handrail. . Mr. Noreen said that it was a metal handrail, 2" in diameter. Mr. Harwood questioned whether there were pickets and what type of cap would be used. Mr. Noreen said that he had removed the pickets. He said that he could use a metal cap. Ms. Botkin said that the ramp would cover a portion of the front step. Mr. Noreen said that it would be covered with a landing. Mr. Richert asked if ADA minimums were being applied. Mr. Noreen said they were. Mr. Richert, other Board members. and the applicant discussed the topography and Mr. Richert questioned whether Mr. Noreen had looked at locating the ramp on the other side because of the topography. Mr. Richert said he was trying to find a way to minimize construction. . . Architectural Review Board June 8, 2006 Page 18 Ms. Blanton asked for comments or questions. Ms. Beckett said that she had worked with Mr. Noreen on the application and also had a building inspector look at this from the Code perspective. She said the plans met the Code. Mrs. Cunningham said she had seen the design and agreed with it. There being no further discussion, a roll call vote was taken and the request was approved by a roll call vote of 5-0, as follows: Ms. Botkin - yes Mr. Harwood - yes Mr. Richert - yes Mr. Schlueter - yes Ms. Blanton - yes . 8. Request from Parsell and Zeiqler General Contractors. represented bv LeRov P. Whorlev. for a Certificate of Appropriateness approvinq demolition of retaininq wall at 380 Mountain Avenue. S.W. Ms. Blanton stated that this item was withdrawn. 9. Request from Sherwin Jacobs. represented bv Krista Vannov, for a Certificate of Appropriateness approvinq existinq second floor awninas at 305-309 Market Street, S.E. Ms. Blanton stated that the item was continued to next month. 10 Request from Wavne Faddis. President of VACO. represented bv Hill Studio. for a Certificate of Appropriateness approvinq new construction at 308-310 Market Street. S.E. Ms. Blanton and Mr. Harwood recused themselves from the discussion and the vote on the request because they are employed by Hill Studio who is representing the applicant. Ms. Botkin was elected temporary chairman. Mr. Todd Setliff from Hill Studio and Wayne Faddis. the applicant, were in attendance. Mr. Setliff said that he had prepared a new proposal for the Board's . . Architectural Review Board June 8, 2006 Page 19 consideration which consisted of new construction on the lot between Sam's and the former Carlos restaurant. He said the proposal was to infill the lot with a three floor building of brick veneer. He said that he would like the three story construction approved as shown, and depending on financing and Codes, they might only construct two floors. He presented a rendering for the two floor construction. He said that he had taken the Board's previous recommendation to move the building back six feet. He said that materials and colors had not been chosen and he would have to come back later with that information. Ms. Beckett said that recommendation for moving the addition back 6' was on a separate tax parcel, not on the one before the Board today. There was much discussion among Board members and the applicant about the specifics of the request and it was noted that the Board did not have enough information to take action upon the request. . Mr. Schlueter said that the elevation called for a brick sill. however the rendering showed a pre-cast sill. Mr. Setliff said he would like a pre-cast sill. Mr. Richert said he was curious about the cap in the middle of the third floor. Mr. Setliff said it was something that would break up the rhythm. Mr. Richert asked if the first floor was intended for retail. Mr. Setliff said it was. Mr. Richert said there were a lot of details and he suggested the applicant return with more specifics. He said he needed to know the details of the cross section of the decorative band. Ms. Beckett said that she had not had an opportunity to thoroughly review the application and thought tile Board needed more time. She said that she would like to see a comparison provided for this and the adjacent building. Ms. Botkin asked for audience comment. Mr. Tom Anderton (306 Market Street, Sam's) appeared before the Board and commended Mr. Faddis on what he had done in the Market area. He said he had some concerns and would like to see the front elevation that shows the new building in relationship to his building (Sam's). He said there was an inset on the side of Sam's to allow light into four offices and if the new building was constructed as shown, then his office would get no light. He asked Mr. Faddis if he would consider an inset. . . Architectural Review Board June 8, 2006 Page 20 Mr. Faddis said he was not for that because an inset would pose a maintenance issue. Mr. Anderton asked if the applicant could provide an elevation which showed the Sam's building. He requested the Board ask for a better drawing. He said he would also like to see the material. Mr. Anderton said that he had a substantial investment in the Market area. Mr. Faddis said he was maintaining the lines of the existing building on the two stories. Ms. Botkin said that the design seemed to be very good, but the Board needed to see the materials, color and more details. She said it would seem to be a good idea to move this item to next month so that everyone could have time to review the plans. . Mr. Richert noted the following additional information that the Board would like to see: (1) a close up of the front view and cross section of the cornice; (2) detail on the windows and trim: (3) detail on the decorative elements (above and below the windows on the first floor); (4) cross section of the building so the Board could see the profile down the street; (5) streetscape that includes the buildings on the north and south sides; and (6) if only a 2 story option is being considered. then the Board needs no plans that show a 3 story option. He said that the Market area was very important to the Board and they wanted to make sure it was done right. Mr. Schlueter said he thought the concept was excellent, but more details were needed for a project of this type. He said he thought the storefront, entryway, the rhythm and fenestrations were all nice. Ms. Beckett asked if Mr. Faddis was planning to add a third floor to his existing building. Mr. Setliff said that if the 2 story option was approved. then they would not be requesting a 3rd story addition to the adjacent building. Mr. Richert said that with the applicant's agreement, he would move to continue the matter until next month. The motion was seconded by Mr. Schlueter and approved 3-0. . . Architectural Review Board June 8, 2006 Page 21 11. Other Discussion: Mr. Talevi spoke briefly about House Bill 1554 passed by the Legislature. effective July, 2006. He noted that the bill provides that disclosure and disclaimer forms required under the VA Residential Property Disclosure Act contain a notice to purchasers that the property is located in a historic district, if the owner has knowledge of such designation. There being no further business to come before the Board, the meeting adjourned at 6:59 p.m. Respectfully submitted: ,/ j Y'--i ~ .~;c.;".( /"vlL Martha Frank/in, Secretary . . . . . STATE\'IEl\T OF COl\] UClQt: L!.'fITREST I. Alison 81anton. of Hill Studio. 120 Campbell Avenue. S.W.. Roanoke. Virginia 240 I]. state that I have a personal intcrl'st in the matter involving Ol1icial Tax I\os. 4011404 and 4011405, located at 30S - 3]0 j'vlarket Street, S.E., Roanoke, Virginia. Therefore. pursuant to Virginia Cl)de Section 2.2-3112(A)( I). ] must reli'ain li'om pm1ieipalion in this matter. I ask that the Secretary lor the Architectural Review Board accepllhis stalC'111Cllt and ask that it be 1l1ade a pari of the minutes of ihe iUl.'\.:iiug hdd Uli June S. 2006. for the public body as that term is defined in the Virginia State and Local Govell1ml'l1t Contliet 0[' lnterests Act, Section 2.2-3 ]00. c[. sett.. of the Code of Virginia of] 950. as amended. and be retained ['or li\'e years as required by Section 2.2-3115 of the Coue of Virginia of 1950. as amended. _Ar(in,-'Pltmbl Alison Blanton "B" ATTACHMENT ..-\: \ ~ m --,: -. o ::::::l - ~ o -. --,: )> )> "'0 c "'0 (Q CD C m (J) - r-+ 0 I\) - ........j::l.)> ~ 0J--,: I\)......g. Om _. o-co 0)3(") o r-+ -. )> ~ r-+<m '<CD- O::::::lJJ o C CD C CD < ~.... -- (") (f) CD -. :2E I~tlJ CD. 0 m m --,: --,: -. 0.. ::::::l (Q 0 CD (") -. (J) -. o ::::::l I" ,-"." ~ " ATTACHHENT "c" . ' 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 July 7, 2006 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Harris and Members of Council: I am enclosing copy of a Petition for Appeal filed by Marian M. AIi in connection with a decision of the Architectural Review Board to deny issuance of a Certificate of Appropriateness with regard to property located at 431 Elm Avenue, S. W. The petition was filed in the City Clerk's Office on Friday, July 7,2006. Section 36.1-642, Review Procedure, Code of the City of Roanoke (1979), as amended, provides that any property owner aggrieved by any decision of the Architectural Review Board may present to the City Council a petition appealing such decision, provided such petition is filed within 30 days after the decision is rendered by the Board. The Council shall schedule a public meeting and render a decision on the matter within 60 calendar days of receipt of the petition. Council may reverse or modify the decision of the Architectural Review Board, in whole or in part, or it may refer the matter back to the Board, or affirm the decision of the Board. With the concurrence of Council, I will include the Petition for Appeal on the Monday, August 21, 2006, 7:00 p.m., City Council agenda. L:ICLERKlDATAICKEW1IAPPEALS TO THE ARBIAPPEALS 2006IARB -431 ELM AVE SW MARIAN M All CERTIFICATE OF APPROPRIATENESS.DOC The Honorable Mayor and Members of the Roanoke City Council July 7, 2006 Page 2 With kindest regards, I am Sincerely, ,/} ~ fA ~ (1. f-i..-4- - Mary F. Parker, CMC City Clerk MFP:ew Enclosure pc: Ms. Marian M. AIi, 431 Elm Avenue, S. W., Roanoke, Virginia 24016 Mr. Lawrence C. Musgrove, Jr., P. O. Box 13487, Roanoke, Virginia 24034 Kevin Earl, President, Old Southwest, Inc., 641 Walnut Avenue, S. W., Roanoke, Virginia 24016 Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney Rolanda B. Russell, Assistant City Manager for Community Development Lora). Katz, Chair, Architectural Review Board, 1833 Belleville Road, S. W., Roanoke, Virginia 24015 Robert B. Townsend, Director, Planning, Building and Economic Development Anne Stuart Beckett, Agent, Architectura I Review Board Martha P. Franklin, Secretary, Architectural Review Board Robert A. Clement, Jr., Neighborhood Development Specialist, Roanoke Neighborhood Partnership L:\CLERKlDATAICKEW1\APPEALS TO THE ARB\APPEALS 2006\ARB -431 ELM AVE SW MARIAN M All CERTIFICATE OF APPROPRIATENESS.DOC . ., ~ : CITY OF ROANOKE PLANNING BUILDING AND DEVELOPMENT 215 Chnrch A,'enne, S.W., Room 166 Roanoke, Virginia 24011 Telephone: (540) 853.1730 Fax: (540) 853.1230 E~mail: plullning@d.roanoke...a.us June 9, 2006 .' 1"'" ~ .;~,:.:'~~;; ~~~.;.~~{.~.:\ . , .~~~.;,,~....~, , :;U;~ltk~::; ,,,,--,p'~ ' ....:::'G1~0S>~'.' ArchilE'l"tunll Kl',.ie\.\ IIUlll"l:l BII;!rd or Z(lllilllo: Appeals I'humin/.: Clllumissinn Ms. Marian M. AIi 431 Elm Avenue, S.w. Roanoke,VA 24016 Dear Ms. .Ali: Subject: Application for a Certificate of Appropriateness No. 06-039,431 Elm Avenue, S.w. On June 8, 2006, the Architectural Review Board of the City of Roanoke, Virginia, considered your request to approve vinyl soffits on the structure at 431 Elm:Avenue, S.W., and a Certificate of Appropriateness was denied. The Board found that the application of the vinyl soffits was not appropriate and was not of the same design as the original materials and did not preserve and maintain the character-defining features of the building. If you are aggrieved by this decision of the Architectural Review Board, you have the right to appeal the Board's decision to City Council within 30 days of the date of the decision. Information on the appeals process is enclosed. Please contact Anne Beckett a call at 853-1522 if you have additional questions. Sincerely, >J-(6vU:Uu., ;;V~LL Martha P. Franklin, Secretory City Architectural Review Board /f enclosure cc: Lora Katz, Chairman _.__._._ .___._ _._____.____.__._ ___no __._ __...____._ __._.___.___. - ___ __.._._n _.-- ---- 0( 8. 9. VIRGINIA; IN THE COUNCIL OF THE CITY OF ROANOKE IN THE MATTER OF ) ) ) ) PETITION FOR APPEAL This is a Petition for Appeal from a decision of the Architectural Review Board under Section 36.1-642(d) of the Zoning Ordinance of the Code of the City of Roanoke (1979), as amended. 1. Name of Petitioner(s): MGl\'CWl N\, 1+\ l' Doing business as (if applicable): Y051'-h",o f~~ec+ ~e((A peu+' 'u '('{\o.S5o ::IV Street address of property which is the subject ?f this appeal: 1..\3\ 01m Prv'e.. SW hcxmv\:::e,., \J Cl 0140\ i.,P 2. 3. 4. Overlay zoning (H-1, Historic District, or H-2, Neighborhood Preservation District) of property{ies) which is the subject of this appeal: 1-1 -,,2 5. Date the hearing before the Architectural Review Board was held at which the decision being appealed was made: :June.. 7J,;;l. 000 Section of the Code of the City of Roanoke under which the Certificate of Appropriateness was requested from the Architectural Review Board . _ (Section 36.1-327 if H-1 or Section 36.1-345 if H-2): Sec.-\-ion"3 ~ .1...-3I..t:o 6. 7. Description of the request for which the Certificate of Appropriateness was sought from the Architectural Review Board: -tv a Ihn '+ ~(' I' um ' ct- neaY' (onlple-+,'on. Grounds for appeal: j2 \eClS& see. a-tkhd Name, title, address and telephone number of person(s) who will represent the Petitioner(s) before City CounCil: La w rence (" I'V\ uss rove) =r r v.O. 'PJnJ. 134"31 '"RQ::mo~v Vel ;;140.=3t..\ . (~4o) 344 -65 '33 or 16LiO) 1C{7J oz,(Q'7;;U . . . '-':: l.....: . . f .;<4-t' 10 . '\'\c\llun f\'\ /+11 L\-3i t:\r-y\ A---b svJ _ ~con'J~ VC/ . c (5406lS1-\\<63 OT (bLi-c) 31~-Lcg81 ." . WHEREFORE, your Petitioner(s) requests that the action of the Architectural Review Board be reversed or modified and that a Certificate of Appropriateness be granted. Signature of Owner(s) (If not Petitioner): . Signature of Petitioner(s) or representative(s), where applicable: /lZauo~ )?z. {du Name: Me/non m. If/I' (print or type) Name: (print or type) Name: Name: (print or type) (print or type) ------------------------------------------------------------------------------------------------------------ TO BE COMPLETED BY CITY C~K: . A ~ . Received by: ~ ~ 9, 6.-_14. Date: () '? 07 -<J & , ' . . Marian M. Ali : Petition For Appeal 8. Grounds for appeal: This property was deeded to me by my father, Lawrence C. Musgrovc in December of2005. I was anxious to improve the property and immediately started rcnovations. I ordered and paid for soffit March 9,2006. March 21", I received notice from the City of Roanoke to" contact Anne Beckett before heginning any exterior work in the H-2 District." In April, 2006 I contacted Anne Bcckctt as directcd and explained that I wanted to rcplace thc solin on my house. Her reply was, '"that is not a problem". She then went on to explain the hencfits of taking the old soffit doym and painting the wood undcrneath. We talked at great length about a variety of things, including replacing thc gutters. NEVER was I instructed to comc and fill out an application bcfore continuing. Once our conversation was completed, I believed I could procecd with the project. In May 2006, the workmcn were replacing the soffit (almost completed) when they were abruptly told to stop because I wa~ in violation of the Historic District codes. I was having aluminum soffit replaced with vinyl soffit. I was having one artificial substance replaced with another, Never was I told that this was not allowed. My contention, is I did as I was instructed. I called Ms. Beckett. However, she failed to communicatc to me what was required. Had I been told that I needed to fill out a form, I would have donc so, and all of this could havc been circumvented. I would have learned I was not to replace aluminum with vinyl. I could have returned the soffit and received a refund. As it stands now, I have put $2,400.00 in a project that I am unable to complete. As a City employec and the "go to person" for information regarding what is appropriate in exterior rcnovations in Old Southwcst, I was not informed and should not bear the cxpense of having someone come and tcar out the existing replacement somt to then replace it with aluminum soffit (which by the way is 2.5 timcs morc costly than vinyl). I am already working with the Architectural Review Board in bringing the 34 vinyl rcplacement windows I had installed up to thcir approval. I am to have exterior muntins placed ( at .15 an inch plus labor) and remove the aluminum encasing the ",indow sills and brick moulding. Of course all this exposed wood will have to be painted. This in itself is a costly venture. As onc board member told me, '"your house is an eye sore." I don't disagrec, but I an1 trying to improve thc condition of the property. I have a business there. I currently live there. Howcver, I have limitcd foods. Throwing away $2,400.00 is unconscionable. <; $<\\OL SUGGESTED MOTION TO AFFIRM THE DECISION or TilE CITY OF ROANOKE ARCHITECTURAL REVIEW BOARD AND TO DENY THE REQUEST fOR A CERTIFICATE OF APPROPRI1\ TENESS TO INSTALL VI\:YL \1ATERIAL OVER THE ROOF SOFFITS AT 431 ELM AVENUE, S.W. "Based upon the evidence (testimony and documcnts) prcscnted to this Council at today's hearing, I move that the decision of the City of Roanoke Architectural Revkw Board on Junc 8, 2006, be affirmed and that no Certificate of Appropriateness be issued for the installation of vinyl material over thc roof soffits of a structure at 431 Elm Avenue, S. W., as set forth in the Petition for Appeal, on thc grounds that thc proposed installation is not of the same design as the materials onthc building and the proposed installation would not maintain the architectural defining features of the building." ~ ~ Or SUGGESTED MOTION TO REVERSE THE DECISION OF THE CITY OF ROAl\OKE ARCHITECTURAL REVIEW BOARD Al\D TO Cjl{.Al\"f THE REQL;EST rOR 1\ CERTIFICATE OF APPROPRIATENESS TO INSTALL VINYL MATERIAL OVER TilE ROOF SOFFITS AT 431 ELM AVENUE, S.W. "l3ased upon the evidcnce (testimony and documents) presented to this Council at today's hearing, Imovc that the dccision of the City of Roanoke Architcctural Review Board on June 8, 2006, be reversed and that a Certificate of Appropriatcncss be issued for the installation of vinyl material over the roof soffits of a structure at 431 Elm Avenue, S. W., as set forth in thc Petition l'or Appcal, on thc ground that the proposed installation is of the same design as the materials on the building and the proposed installation would maintain the architectural defining features of the building." 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 July 7, 2006 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Harris and Members of Council: I am enclosing copy of a Petition for Appeal filed by Marian M. AIi in connection with a decision of the Architectural Review Board to deny issuance of a Certificate of Appropriateness with regard to property located at 431 Elm Avenue, S. W. The petition was filed in the City Clerk's Office on Friday, July 7, 2006. Section 36.1.642, Review Procedure, Code of the City of Roanoke (1979), as amended, provides that any property owner aggrieved by any decision of the Architectural Review Board may present to the City Council a petition appealing such decision, provided such petition is filed within 30 days after the decision is rendered by the Board. The Council shall schedule a public meeting and render a decision on the matter within 60 calendar days of receipt of the petition. Council may reverse or modify the decision of the Architectural Review Board, in whole or in part, or it may refer the matter back to the Board, or affirm the decision of the Board. With the concurrence of Council, I will include the Petition for Appeal on the Monday, August 21, 2006, 7:00 p.m., City Council agenda. L:ICLERK\DATAICKEW1IAPPEALS TO THE ARBIAPPEALS 2006\ARB -431 ELM AVE SW MARIAN M All CERTIFICATE OF APPROPRIATENESS.DOC The Honorable Mayor and Members of the Roanoke City Council July 7, 2006 Page 2 With kindest regards, I am Sincerely, /J 1\ ()~ ( 1. fi.-4- - Mary F. Parker, CMC City Clerk MFP:ew Enclosure pc: Ms. Marian M. AIi, 431 Elm Avenue, S. W., Roanoke, Virginia 24016 Mr. Lawrence C. Musgrove, Jr., P. O. Box 13487, Roanoke, Virginia 24034 Kevin Earl, President, Old Southwest, Inc., 641 Walnut Avenue, S. W., Roanoke, Virginia 24016 Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney Rolanda B. Russell, Assistant City Manager for Community Development LoraJ. Katz, Chair, Architectural Review Board, 1833 Belleville Road, S. W., Roanoke, Virginia 24015 Robert B. Townsend, Director, Planning, Building and Economic Development Anne Stuart Beckett, Agent, Architectura I Review Board Martha P. Franklin, Secretary, Architectural Review Board Robert A. Clement, Jr., Neighborhood Development Specialist, Roanoke Neighborhood Partnership L:ICLERKlDATAICKEW1\APPEALS TO THE ARBIAPPEALS 2006\ARB -431 ELM AVE SW MARIAN M All CERTIFICATE OF APPROPRIATENESS.DOC CITY OF ROANOKE PLANNING BUILDING AND DEVELOPMENT 215 Church Avenue, S.W., Room 166 Roanoke, VU"ginia 24011 Telephone: (540) 853-1730 Fax: (540) 853-1230 E-mail: plalllling@ci.roanoke.va.us June 9, 2006 ArchileClural Revit""' Board Board of Zoning Appeals PllInning Commission Ms. Marian M. AIi 431 Elm Avenue, SW. Roanoke, VA 24016 Dear Ms. .AIi: Subject: Application for a Certificate of Appropriateness No. 06-039, 431 Elm Avenue, SW. On June 8, 2006, the Architectural Review Board of the City of Roanoke, Virginia, considered your request to approve vinyl soffits on the structure at 431 . ... Elm'. Avenue, SW., and a Certificate of Appropriateness was denied. The Board found that the application of the vinyl soffits was not appropriate and was not of the same design as the original materials and did not preserve and maintain the character-defining features of the building. If you are aggrieved by this decision of the Architectural Review Board, you have the right to appeal the Board's decision to City Council within 30 days of the date of the decision. Information on the appeals process is enclosed. Please contact Anne Beckett a call at 853-1522 if you have additional questions. Sincerely, V?1 tJvLCllu..- ~ivL Martha P. Franklin, Secretary City Architectural Review Board If enclosure cc: Lora Katz, Chairman -~_.--------_.__.. 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 August 24, 2006 File #2-66-237 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of various documents that were distributed by residents of the Hannah Court area at the Council meeting on Monday, August 21, 2006. n':' 9.~ Mary F. Parker, CMC City Clerk MFP:ew Attachment L:ICLERKlDATAICKEW1\AGENDA CORRESPONDENCElagenda correspondence 06\Aug 06\Aug 21 06 cor.doc .' .f. . mil H e (:OLL415e lor 5reflli(.UYLl:j ~~e.e , 7~ C~e /l1a/lOl6'I-k7vJ,zo ;:A/5 .'Yo.-!;vvO ~/J hdp-ecl m t{<6/~/1/'13.T mr fllCl 4010. TlJ ()')em bers at Cou\'\c~ \ \ ~~~~\ t-\o !\I\Q \\ Plea tor Home I o'!c. e. l-ot :3 D ~: - -.:1 p. I'-{)Cl\'() T\Q:l) . I jumped a bridge on August.l52002. My lite has been stmggJ '1 after the jump it has ~ LtOt L changed. [ have God now. I'm still single. I own my own hume. 1 have been in Recovery . lQ tor four years. I have been on proper mt:dications I()ur years. I have home counseling tour _____ years. I have two birds, one dog. I have eight. . Hower gardens for physical therapy [md mind therapy. -;./~;;; I ~however 1 could wherever I could. Now, I have a home that's when I got sober now my son's even sober and working being productive in society sober at 23 years. It's easy to bt: sober and stay sober with a home to come to you own. I have a hammock beside my tishpond so 1 can meditate and talk to God to help mt: raise my 23-year-old son. We lost his Dad last year age 52. . . I have a homemade yard swing beside a white butterfly hush. Barney and me sit there [md watch the sunset and the doves fly into the pine tree for the night. I have butterflies q. friends to set in, I have another single swing I sit in and Burney my do&, have the (Jesus Saves sign) /11' tile bJ"e sky to look at and meditate On the other side 1 have a train that comes through a mountain. 1 get a winter snow view and 1 get a summer view (green). It even runs a caboose. Please don't take that away.!! You should set: my sunset and sunrises here. 1 can see the treetops touch the sky when 1 swing. If I'm in an apt. I can't have my own yard. I will he too close to meditate. I call't plant my own yard. Barney can't go. He's my therapy. He teaches me a lot with mi disability. 1 need my freedom. When (jumped the bridge it letlme limited as to what I can do. Who is going to help me move my plants, pack up, re-phUlt'? I have no one. I'm all alone. WillI be on the bus I route with a country look? I., . I / / ~HCrn.E~lfKd L/DOOcoe, ()J'a<;.Pfi'5i' t/La1rO-nqe /lCu) VDL/,I, I) Another trader when tlus one IS moved. It wIll'be pulled apart. 2) If it can be moved, put me on a ~.~ lot good cle.m neighborhood bus route. 3) Help with getting a home on hus route (new). 4) Re-plant flowers, dig up old ones. 5) Rehuild pond. 6) Move yard (rocks, wood, swings). I 7) Move (I dogwood, 3 crepe myrtles, 2 rose bu!jhes ~nd 4 butterfly bushes). d- L- io.)...,'C:3-- 8) Make sure n~w Pla~has water hook-ups. (;Llfs. ;'(~e, 9) Allows pets !'i1LlS+ 10) If you move y trai cr and something comes up later caused hy the muve will it . be tixed by you will it, be in writing and tor how long because the move is hard on a home of this age? Will it be put on a concrete ;5" Job.": II) What about the ducks 1 feed everyday crossing the road to get the river- (YIoth-er ~ 13ob~, 12~ h~:ev~o;~:)~~I ~ut ~;~,~ :~~~ d;J-t~e 1~7h~d ,;;~Jt~~tl5:~)d~ ' f /I~f! 0- r cAlk Sew'€. '[if '(I~' ,,!tin 071 C\:E~ecl' f:r~!IJP; '1fit/, - yt/11f 7/"L-wAA Jll-e 0-1- e O/rY I Ws L ry l!/YJ re~ /fl.o/( 2Y/1Jtlt ~t.t C . Do vU1) ~ p~, \ \ I " 13) I get out of the house everyday and swing in a hammock and [cut fresh tlowers for my kitchen and living room table it givcs me a reason to want to live because at times Ii fe is so empty and all alone. 14) What do I do with my St. Francis and the other yard statues- 18 to be exact and three birdbaths? 15) What about my utility building and all the yard tools and [awn mower and weed eat(.'f I bought will I have my own yard now? q 16) What about my 2-year-old gift for 2 years eIef1f1 He walks freely in the yard with me in my gardens. Will he have a yard in an area where he can do the sanle? Can he go with me as part of my therapy? 17) What about my new Ale heat pump that was just put in'! Will someone take it out and reinstall or who will buy me another one? I need it for health reasons. [8) I had bought 2 bedrooms, 2 baths, I had I bedroom set up as just a dressing room and my own bath and one bath just for company. Can you make for sure I get that again? I have it now. That's why I bought a trailer because I could afford then to buy 2 bedrooms, 2 baths. 19) What would bc fair to me since you want to displace. me? And so 1 don' tleell?st and then alone and I have to keep my mental Illness Intact, take my mel4idon t drink, stand up for my home, don't go near the bridgeJ'..... , "', and go to AA everyday. I need from you a trailer ~ land, movers, and landscapers. 20) I am going through the manic stage now of my mental illness. I have been wide open for a good hour. Who is going to heIp me like my garden docs? If I rent I can't plant up the yard. I have been manic in my yard, but butterflies have been flying all around. I have I pink, I white, and 2 purple butterfly bushes. I came in my trailer with one in my head. I have 3 little doves that come for bread at Sam and water in the birdbath every moming. I also swing in my hammock anxiously awaiting my hummingbirds. They come filr my bee balm every moming between 5:30am and 6:15 am. Then there is that beautiful sunrise I look forward too. As I pray to God to help me be of use to him today. And to help me help the little ciders in the trailer to understand what's going on to the best of my ability, cause I then come home and cry cause my own home now I stand a chan~ to have to go back to renting again. 21) Thank God I also saved the best tor last. At night, whcn the sun sets and the sky goes to rest, there's the most beautiful sign that lights up on the Rescue Mission that says Jesus Saves. And this stops my tears because I know what's to come is going to be bigger and better. If I keep on doing the next right thing, take my mcds, don't use and show my son the truth about God and lite and alcohol and drugs and problems and keeping it real. I go out when I'm manic and star gaze at night and walk my dog, wateh the sun come up swinging with my dog in my tencc: in jungle tlower gardens. Then at night I swing and watch the sun go down and I meditate on a special star for God to keep my son productive. I control my dysfunctional mind this way. I feci safe in my fenced in yard, working in my flowers or walking my dog or sitting by the river or stargazing, How can you all just take that away from me and go home and say you did a good day's work? Give me equal then say you did a good job and feel good when you go to sleep. I let my dog out and again I see two crack deals go down and 2 drunks stumble down the road. They all live on the creak bank side that's the worst drug and alcohol and prostitue side. The police have even stopped answering calls in a timcly manner. They come by an hour or 2 later. I know, I have called. I tinally gave up. I just put up fences to block it out. The landlord said I had to take it down so I planted big Crepe Myrtle, Buttertly Bushes and 15 foot sunflowers. They're prettier to block with anyway. If they were gone it would make such a pretty homeland tor the other tl1lks. There wouldn't be any tights, less drugs and alcohol and a lot less prostitution. If it's made into a park in this area, all you arc going to do is have a whole lot of drugs, guns, alcohol, and prostitution and we aren't going to have our home. When my mind is manic and I want to use because my body is in so much pain from the bridge jump, I go to my gardens and pray to God to let the thought of using pass. Soon through the tears and pain I'm soon up in the middlc of the butterflies and birds and fat little bees. I'm right in the middle pulling weeds or cutting a bouquet to go on my kitchen and living room table. I tind myself moving rocks in my rock garden. I don't even takc a home meaning a rock from a night crawler unless I find him another one. Its not right to displace somcone with a mental disorder and .Ul alcoholic that has learnt ways to learn how to live productive and stay dean of alcohol and stay clean of oxycotin and other pain medication for pain from the bridge jump. I meditate, swing (4 swings), I work in 7 flower gardens (large ones) and a fishpond I rearrange a lot. When I'm manic instead of staying doped up on the couch asleep or mumbling words I choose to play in God's land. Don't take that away fromme, [put my 10 foot john boat in the rivcr and collect trash and a little tishing too and just plain sunning and viewing the treetops touching the sky God's world, bugs, snakes, beavers, turtles, (I got one for my pond) My son just got an apartment near Twist and Turn. He welds at Twist and Turn. He made me an ant and horse and bear tl)r my gardens for my birthday in July. Now he just called to see if I needed anything from the store and I do need B.C. I have a bad backache and shoulder aches and ankles. If! move he can't hclp me cause he can't drive. I physically and mentally need this support. Plus a mother and son with mental disabilities that are being productive in society need this type of connection on as needed basis that's why I'm asking that we be gi ven a chance. i !I if I 'il Ii' I' , rY\""\co,,,- Plaintiff , IJ% YDU Gre onh( , ,_ ~\ f'v' ~ .0:'" "i., ,'\~/ 0. nOWeJ w ~i\ e t ()\\ \ ,,\! 0, ~ ,-\ . (j O\\-Q 0(.' '\\fBe I y l)t- ~O '-~ A),t" ~ _.y\ n~ \\~'tt\\)\QI~ ~ 0\ .0, - '--; \ 0' .,c.' \ \\~ Ol\ ffi '-\ ~~ L;o- \\: \jv '.\ '* ~~L\. CJ-.\\ ~~ V I R GIN I A. \" \J..\\& ':::s: \~08Q. IN TilE GENERAl. DISTRICT COURT FOR THE CTIY OF IW^JJ6~: X\OTh-Q..J::l ~~h~, ~.~~ t?, Je",.....~~ ~b\~ A. D<>> \{~ Defendant 000000000000000 NOnCE OF MOTION TO QUASH EXECUTION AND STAY ORDER 000000000000000 \'s. TO: M"'-ltfl...... G'. :Se.~~ Please take notice that at -'- 0 0.. IjM . (time) on felol'V",,"~ IcjJao" (date) ill the City of Roanoke General District Court, Second Floor, I will ask the Court to quash the attached on the grounds that: 6 ~e.MjlT'.": o~ ~~u..~ \)eL.d flli'_:\-~c..\i. ~Io;\<. ~o",,"e. ~f"'Ct~~I^-c....~".Q-'" \.~'J~---,------.___ I .A .~< i .P~ ~ Please be present if YOll wish to be heard. J...Q~ Q .~) 6u..,e I b.L.\)e.+e." 4.-1- Signature of Defendan t l)l'v"'..l'\)~~\6\'Cr \ Cb'Z>, 3l.JIf-)O28 0000000000000000000000000000000000000000 Sl'A Y ORDER Upon application under oath by the defendant, the writ issued in this case is ORDERED STAYED pending hearing of defendant's motion to quash. Date Entered: F0h {) ().oo~. _______~ M ILQ __ Judge "- ~/ LEGAL AID SOCIETY OF ROANOKE VALLEY 132 C..\,\\PHELI AV,NUE SW, SUI I E 200 ~()ANUKL VIRr;INI..\ 2.\01' -120(, rEL[PIIU", ,S40! J.i.I-20HB ,A(SI.\.III.[ ,-\40.3.12-3064 .;['>;i.,J..\...:....UI.l,'iSn Hl"H~Y I.. woorl\V:\RD '. ~~.. .1. r ~::\ I ~~:'.I: .,I~ :;U':;.\t. ."-\. ~~.lFr.11 F.... June 13, 2006 ....!!VKt.[.'.S rMVIf)D,l:Il1DL[R RAGlr:L H .f.,lo\('K."lICHT n,lIl) F\'I[jr\'\'llT Robin Dooley 1058 Hannah Circle Lot #30 Roanoke, VA 24016 Dear Robin: This letter is to summarize our telephone conversation today. You indicated that you are having problems with your neighbors harassing you, which has led to a complaint by your landlord that she might evict you because of a fence your erected around your home to keep the harassing people out. You also indicated that you put up the fence to feel secure. You stated that your mental health is very fragile at this time because of a disability, and that the fence helps you deal with the mental health issues. i advised you that, in my opinion, you should be able to keep the fence up, if it is there to accommodate your mental health issues. You should let your landlord know that you need the fence as an accommodation to your disability. You should have a doctor or mental health professional verify, in writing, that you need this accommodation to assist you with your disability. Finally, I advised you that if your landlord seeks to evict you as a result of the fence, then you should contact me again for further advise or other assistance. Sjn~erely , (J... ~,)DG)cCA cYt.~. David D. Beidler \\~~ o ' __(.J I~ ~~ (~'J '" \ J~ ~~ 0 \(. ",t, 0" JC\_, a--- '>< ,\ ;' v '\j ,J '\'- v\. ~\ Iv J\~ 0'" ~ ~(), () l:J $>\ v . L' -\ \j , ~\ '\ 0r J\ ~ ~' c)' \\" /J ,-.J'~, { \,0 \} \~\.'0 \ . '\f'C; "tJl.L. V " ~ o SO \\ '\'--\$ ___ ./-.';/ ~'X {i ]"-,,-0- l o v'-,j 0ScI.::J >?"~~ ~ ~~JL ><P \ \ 'v" ,~ . \~ . \l~(}:, \ \~~ L\'J -:x....... /' \ " \n The Roanoke Times, Friday, Augus't 16, 2002 85 Woman injured after leap' rom Walnut Ave. bridge but Da\'is said he did not know how b~I"ly. She was taken to Carilion Roanoke Memorial Hospital, where she was in stable condition late Thursday.- A nowd gathered as rescuers stabilized the woman on a back. board and loaded her into an mnbulance. Lisa Miquelle said the wom. an's 18,year.old son was at MiqueUe's Hamilton Terrace 'apartment when his distraught mother came by. ' . "She just came up to the huuse'drunk," Miquelle said. The WomlUl said she was going up to the hridge to jump off, so Miquelle's boyfriend called'police. After the woman was takCli away. several police officers who had rushed down the weed. "overed embankment climbed, back up. They were soaking wet, the,if 'uniforms covered with mud and burrs. I By UNDSEY NAIR ; lUEllQ4S0KE TIMf.'.\' / A woman threatening to. jump if the Walnut Avenue bridge in Jutheast Rmmoke on ThurSday ook the plunge of more than 30 feet just after police and rescue workers anived. Hoanoke police Sgt. C.L. Davis said a call to dispatch reported an 'ntoxicated woman threatening to lmp off the bridge into the :oanoke ,HiveL When he aITived bout 10:30 p.m., the woman was ,itting OIl the bridge railing. "I was standing here and I saw her jump," Dm'is said. "She hit the water face down." Da\is and other emergency workers scrambled down the t'Illbankrnem to the river, fin(ling thr \\'OInan uncollsdous and face down in a foot of muddy water. They turned her over so she would not drown: '. At SOIlle point, Da\'b said, she regail1ed consciousness and spit :t up some water. 'y The woman, who is not being identified because of the personal imture of th~ incident, was il\iured, Undsey Nair can be reached at 981~3349 or IIndseyn@roanoke.com. f ~'"lj~::y Jd/~bd~{)Ni~:~O-1~i;:iJt('7?;lz: nOr) + his OJlf:5 -/)tlyJ.5; -;: /f ,[ f })7!?O'r:,)(') , III J ~~rp55Jo/1 1/10'. 'fO{J 0 ' I Y't 'f//C }(/~ I W C')l' k '(1rP M RC,Qfl(J RQ }11 ~ jb!(\"ca ( (,Uh Q I), t ~u \~\ f~6\,1"I\D'5'f DOI1~l5.~, 1'0/ Tr~C%' RQr-~ I~\+f) mU R\;o~~\n L-Lo II Jr,r-If\1 S';r\c{!rlL/o/' August 21. 200(, 1;\1 FORMATlO1\AL I)ACKET FOR MR, MA VOR A1\I) \lDIBERS OF ROA;\IOKE CITY COlI:'liClL This packd includ.:s: . Original ktl.:r to city wuncil (S':11l \.ia r.:gist.:rl'd mail) . I.dttT from city manag.:r rcplying 10 original ktll'r . I\llticc li,r kllo\\ residents from Chuck and Diann.: . Ikar I\.:ighhors ktt.:r distrihukd to r.:sid.:nts . Copy "r Abs.:nt.:.:ism I..:tkr distribut.:d [() r.:sid.:nts . I..:tll'no rv1rs. Trompl'tl'r . Roanllk.: City Parks on-I in.: data . Copy of sp.:.:.:h giy.:n this "\.l'ning 1\OTE: Not includ.:d in this pa.:k.:t is th.: G.:n.:rallnlill"ll1ation I\otice \w r.:c.:i\'.:d \ ia r.:giskr,'d mail. as I assutl1.: you alr.:ady hay.: that data. Th.: sign.:d originall..:tkrs or .'\hs.:nk.:ism hay.: heen giwn to th.: Ckrk. ," , .' June 29, 2006 Roanoke City Council clo Darlene Burcham, City Manager 215 Church Avenue, SW Roanoke, VA 240 II Dcar Members of Roanoke City Council: My wife and I own a mobile home located in the Hannah Court Mobile Home Park. Imagine how astonished we were to learn, through the media, that our lives were about to be drastically changed. Since we will no longer be allowed to keep our home, we must make decisions regarding our future residcnce. In order to make our best decision, however, we need answers to the following qucstions as soon as possible: I) What exactly do you mean by ''relocation'' of residents? a) Buy our mobile home? b) Pay to have it movcd? c) What if our home cannot be legally moved? d) Help with a loan to buy land to relocate our home? 2) What do you mean by relocating us in "public housing"? aJ Apartment comparable to the si7.e of our mobile homc (3 bedrooms, 2 full baths)? b) What about storage fucilities if accommodations are smaller? c) Will our pet bc allowed to relocate with us? 3) How long do we have to make our plans for relocation'! a) Can you give us a close approximate date? 4) Why is it necessary to relocate the entire park as opposed to just the ones by the river as needed for the "green way"? I think I speak for everyone here in the park when I relay to you that it was insensitive of you to let the entire city know of your decision to displace us before first telling the people whose lives you are disrupting. Even though we do not own the land, we do own our homes and that is not the same as muving people from rental properties. To state that we have known about this for two years is entirely false. All we had heard prior to your media release was rumor and that was only regarding the mobile homes that bordered the river. Ours does nol. Thank you for your prompt attention and response to the above questions, and I hope you will consider these points when making your decisions regarding this projecl. Please respond in writing as soon as possible to the concerns that we have addressed at this time. Sincerely, ~7?~ Charles R. Dew 1234 Midvale A venue, Lot #3 Roanoke, VA 24016 '~:. ROANOKE OFFICE OFTHE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, SW. Room 364 Roanoke. Virginia 24011 540.853.2333 www.roanokegov.com July 14, 2006 Mr. Charles R. Dew 1234 Midvale Avenue, Lot #3 Roanoke, Virginia 24016 Dear Mr. Dew, Thank you for sharing with me your concerns regarding the city's intent to purchase the property at the location of Hannah Court Mobile Home Park. You have raised some valid concerns about how this will affect you and your wife. In the very near future, you and your neighbors will be receiving a General Information Notice and a brochure that should address all your questions. Please be aware that while City Council has authorized the purchase of the Hannah Court property, the city has yet to make an official offer to the owner. Sincerely, Darlene L Bur City Manager DLB/mbm ~OTlCF: FOR FELI.OW RESIDENTS OF HANNAH COlm.T! 1\1y wil~ and I reeelllly WTlltl' 1<.> the City C<.>uneil <.>fRllanoke to try and ohlain inll)!"Jl1ali<.>n regarding the 1~lle of us all here atllannah Court. We hl'ard aboulthe sak llf the trailer park lhrough the mcdia. as we I~d sure that mo,t llfYllU did as \\ell. We wish to sharl' \\"hatlittle inlllrmalion wc havl' Ic'arncd. .'\ttaehed is a l'OPy llfthe Iettl'r \\c \\Toll'. Also att;ll'hed is the response that we reel'ived in \\riting trom City l\"1anager Darlene L. Ilureham. As youl'an 'CC' rwm the resp<.>nse. none <.>1' our questil)nS Wl're answercd. Thererore. \\"e called the Cily Council Omce 10 at Ic'asttry to gel some idea l)t" ;llill1l'li-anw. I When d<.> '\"C starl pal'king'.'!) ()n M<.>nday. .Iuly 2.-1. 2()1)(,. we rccl'iwd a call rrom a member orthl' City (\lunl'il. Jim Rigsby. 'dr. Rigshy rdated the lllllo\\ing inll)!"Jl1ation: · Thl'l'ity is l'urrl'ntly in negotiations wilh the Tn)mpeters to purchase Ilannah Court. That is whenthl' whl'els will start to turn. · The city \\ ill then maintain the park as a trailer park until all residents are rekleated. whil'h he l'slimall', \\ i II take at least I year alkr purchase. · Pl'llpll' hm e already bcen designated to '\"l)rk ,yilh rl'sidellls regarding rdol'ation. They want 10 make llur transilion an enjoyahle e~peril'nee instead llf a bad one (whateyer that means!). We strongly urge you to write or eall the City Coundl and voiee your opinions :md pose questions of y"our own to hdp insure that we are treated fairly hy the lkdsions thllt thl'Y' lIn' mllking n'gllrding our futures. ()Iease write to: OI.TICE OF Till' CITY \1:\\lAGFR c/o Darlene I~irl'ham. City l\-lanaga 215 Church A"l'nul'- SW. J~oo;n364 Roanoke. VA 241) II Or call (::;4())X5~-233.3 If ""l' as neighbors banlOgether. perhaps ""e can makl' a dil"fl'n.:ncl' in our 'illures. Pl'rhaps Ihe parI of the park notnl'l'dl'd Illr the '"grel'nway" l'Ould r,'maill a trailer park. Chuck and Diannl' 1..01 tf3 ]")"ar I\L'ighhors: I II-ill h" spL'aking at IhL' City CounL'ilmeeling on our bd13lfrL'garding 11lL' sal" oflhL' L'nlir" mobil" home park as opposed to only \Vhal is n<:eded_ The mL'eting \V-ill he l.lll :Ylonday, AuguSI 21. 200(l at 7:00 pm inlhe Munieipal Building dLm nttl\\'n al 21:'i Chureh :\\enUL'. Suite 4:'i()_ Sin"e my hushand Chuek and I hm-e spok"nlLI n1<lsl 01" you already \\"e. knll\\ YllU li:et the sam" \V-ay \Ve do_ Therelllre. \Ve have attaehed a Leiter lll" AhsL'nteeism li)r those of you \Vho arL' unable to attend Ihe meeling h.>lend your suppllr!. Please lill in the blanks and return ittllm" SL) that your \"\)i"" "an still he heard. IfllL,'re nol homL'.jusl pUI it het\VL'enlhe sneen and Ironl d<.lllL Il"you Jo not kno\V \Vhere Lot #3 is It)ealed l)r you are unahle to \Valk the signed letter 10 our house. giYc' us a eall'IX2-0276 and one ol"us \Viii \Valk to Yl1ur house and piek it up. Il"any 01" you \V-ish to spL'ak 1,)1' yourse!\es Ihat e\ening.just eallthe Clerk's Onlee of the City Couneil at R:'i3-2:'i41 and haw them add you 10 Ihe list ofspeah'rs I"llr AuguSI 21_ They nl'ed your name. address and the issuL' Y"U \V-ill he speaking about (i.e. I-Iannah 1\lobile Home Parkl. They ask that you limit your speeeh to 3-5 minutes. and that you arriw early il"you are on the list to speak. You may bring any materials you \Vould like to km-e \Vith the et"ll tll he passed on to the eouneilmemhers (i_e. Ielters. paper\Vork). The mol''' Hli"es and attendan"L' \\"e ha\ ". thL' bett"r "hanee \Ve haYc' 01" heing heard_ Chu"k and Dianne 1,(ll/.!3 "'OTF.: I-'wn il"you plan 10 al"'nd th" eouneilm"L'ling. please sign and return this li'>l"In S" Ihal it II-ill b" on r"cord in \Vriting. (EX.HlI}LE) LETTER OF ABSENTEEISM L . am a r~sidl'nt or _. __.n .__ Ilannah i'dllbile Ilom~ Park and amunabk tll attend thl' City Councilm~I'ting 1111 August 21.20()(,. I do. hOlwler. wish 10 e\press lilY opinion regarding the sak ofthl' I'nlire park as IlPPIN'd to taking only what th~ city nl'cds II)r thc nood control ugrccnway u. I am in agr~emcnt with till' l.>lher rcsid~nts or the park on this issuc. I am not oppos~d tll making the rilcr sakr Il,r t1lllse who lilc by it becausc it is important to the city of Roanok~. 1-I<\\\cI"O::r. 1 do not bcli~I"~ that il is necessary to disrupt (h~ liles llrllll oflh~ rl'sidents her~ \I"h~n y"U could accllmplish the samc glial by simply putting in th~ Ugrcenway" and displa~ing only a Il'w r~silknts. "I his ktt~r or absenteeism signi li~s my wish tl) add my 10icI' tll Idlat is oeing said 1m behalf or me and my t;:II<\\\ residents llf Hannah !\1obik Home Park. Signed Date ,\ddrcss I.ot# City Pllllne Numol'r Ilfrl'sidcnts in honsehold , July 28, 2006 TROMPETER BROTHERS, L.e. Hannah Mobile Home Park Post Office Box 20468 Roanoke. V A 24018-0047 Dear Ms. Trompeter: My wife and I have been happy and responsible tenants here in Hannah Mobile Home Park for seven years. When we read the article in the Roanoke Times regarding the sale of the park we were shocked and saddened. Like most of us here, we had heard that a "greenway" was to be built next to the river. We asswned that involved only the homes located along the river. We love it here. and we hope it has been a profitable source of income for you and your family. We are wondering if your negotiations with the city of Roanoke include the entire mobile home park or just part of it. If they only require half the park, then why not keep the other half so that many of us would not be displaced and you could continue to draw revenue in the form of lot fees. Are they giving you that option? We talked to many people here in the park and everyone we spoke to wants to stay here. We all hope that you will sell only what the city needs for the flood control "greenway". !fyou wish to fight against the acquisition of all of your land and subsequent income, we will do everything we can to help. Please communicate with us regarding the complete or partial sale of your property as it contains our homes. We are very concerned and would greatly appreciate it if you would share your information with us by either calling or writing to the address/phone number below. Once again, we've been extremely happy here and we thank you in advance for any information that you give us. Sincerely, O~Ao /f', ~/J j [) ~'J~ {.( . .-4/'-"-J-.-r--r-".A-- Charles R. Dew Dianne A. Stevens ] 234 Midvale A venue, Lot #3 Roanoke. V A 24016 Roanoke (Cit)') County, Virginia Parks . "._-:~-:_.__""""'::-:--'='=:: ":_:"':'_C._..._~:-.-. '::--.'" ;:::""'='.:...,_____ _.._-' Roanoke City CountYi Virginia Parks , ~. " , ' - Page lofi '. . , ." '" Also See:(:()mmy-nityPr()fjl~~ ot.R.Qarioke .City Coul1t'li:Y!rg,i!:'!i~" (;itie$, &.,Iowns Displaying 1 to 26 of 32 records Primary Data Source: U.S. G~Q,'Qgic",1 ;. SUJ:V,ey ~.~~~-~~~.__....._._~._-~----_..- :. ._.....--_:~..__. '-.. Brambleton Park East Gate Park' Elmwood Park . Eureka Park Fallon, Park Fern Park Fishburn Park Garden City Recreation Building Gherit'Pal:'k ". " , , Highland Park Jackson Park Lakewood Park Maher Field Market Square Melrose Park Mill Mountain Park Morningside Park Norwich Park Raleigh Court Park Roanoke City Market Historic District Roanoke Sports Complex Roanoke Warehouse Historic District Shrine Hill Park South Roanoke Park Southeast Recreation Center Southwest Historic District Page 1 2 . , . i. " . .~,-' '. , . '. . ,. ~ . Next~ ' Map Types': Aerial Photo, Regional, local; & Topological. , Local~~~~Lat __, ~()~9m Garden City 37,24 -79.99 Roanoke '.:: 37.29~79.92 Roanoke' 37.27 -79.94 Roanoke'; 37.29 -79.96 Roanoke:' 37.28 -79.91 Garden City 37.24 -79.94 Garden City 37.25 -79.98 Garden City 37.23 ~79.93 Roanoke 37.27 -79.97 Roanoke 37.26 -79.95 Roanoke 37.26 -79.92 Roanoke 37.26 -79.97 Roanoke 37.26 -79.95 Roanoke 37.27 -79.94 Roanoke 37.28 -79.96 Roanoke 37.25 -79.93 Roanoke 37.26 -79.92 Roanoke 37.27 -79.98 Roanoke 37.26 -79.99 Elev.(ft.) __~a.P~'~ 0" 'A,'R;-:!;, T ':0. ~,'R,!.;:r: o ~, R,L,' I .0 "A'Rl"T' I ".' , 0 ~, H,'L/1: O : A R' L:" i I I I . o A, R, L,-r ' o A, R,~"I o A, R,-I.,!' ,,' o A,R,L,T o ~, R, ,I., I o A,:R, L, T o ~, R, I., T o A,R,L,r o ~, H, L, T o A, R,L, I o A, R, L, r o /!, R, L, T o A, R,L, r Roanoke 37.27 -79.94 0 "",, H,I", r Roanoke 37.25 -79.95 0 ~,H,L,I Roanoke 37.27 -79.94 0 JJ..,R,L,r Roanoke 37.25 -79.98 0 JJ.., R, 1"I Roanoke 37.25 -79.95 0 A,R,L,T Roanoke 37.26 -79.92 0 /!,R,I.,I Roanoke 37.28 -79.97 0 A, R, L, T Next ~ ROl!fioke (city) County, Virginia Parks Pagelofl .. ". .............. .... ---.--..-.---..--..... Roanoke City County, Virginiaj:)arks Also See: (::ommunity P.rQIUes uot_I!()ClInoke__Citycol.!nty,Vlrginia',' ~U:ie~J~': Towr.s ' . - . Displaying 27 to 32 of 32 records Primary Dat!' Source: ..U,S" C;;,fi!_Q.loai!;al, " S!Jrvey . .' ," " ~,a,~~_:...__,__,___~~:;.__.:....:,_,_____':_",' ,'_,-'-__' Thrl!i.s~,er Park ... Villa Heights Recreation Center" Wasena Park ... . Washington Park Welford Hurt Park Woodland Park Page,.l 2 .' .. ,~B!,ck',' ,Map ,Types': Aerial,Photo, Regional, Local, & .. Topological.' ...., ~~ca!,~~l!,aL~~,_ LO!':9_, _EIl!y._~(~~ )_, ~a~lil':": Roanoke';, 37.29 -79.91 '0,'" "'~,H,,L:; T,: Roanoke, 37.29 -79.98 0' A, R, L; T Roanoke, 37.27 -79.96 0 A, R, J.., J'" Roanoke 37.28 -79.94 0 A, ~,L,T Roanoke 37.28 -79.97 0 ' I!;B, L; T ,Garden City 37.25 -79.99 0 A, H, J.., T' ~ Back Parka ~~~.IIJ.i.cm Products and InformatIon about Parks Recreation " V~"-Il!P Get Detailed' Virginia Maps & More!. Complete Travel Resources Online.. B.Q1!Inok~ V~minlii! View Homes ror Sale, real estate Ustings, foredosures and More! LQ.l,ldoun C.cuJnw..P-1'Q1 Exquisite HIstOriC' Estates Farm.s &: Luxury Country " Mi.kG.OQQQ.OQ91i!: Ac . ..1 RIJ'R\::SI:\I'r: f)iann~ A, Sll'Vl'IlS 123.\ 'vlidvak A \'enue~ l.ol in Roanoke. VA 2.\0 I (, Residc'nts 01' Ilannah l\1ohik I''',me Park '\;\\1\::: ADDRESS: 'vir. 1\..la~<lr and I\kmhers ol'Couneil: I am here to speak Oil hehal I' of the residc'nts 01' Hannah \Iobi Ie Ilomc' Park and mysel I' el)neerning y,'ur deeision to take the entin'mobik home park Illr the Roanoke River tlolld reduetioll proied, I would like to lake this time 10 voie,' some 01' I)Ur wneerns, Thc' Ill11St impllrlant question \w hm..: is. \\hy is it neeessary to take the t'ntire park as opposed II' <'lllly \\hat is needed 1l1l.the ngreen\\ay" along the river';' Ther~ are ah'l'ady 21 c'mpty lots ailIng that spal'e. We all thought that the ,ily planned to lake only th~ k,ts hordc'ring th~ river. ;\l',ording to the artiel~ in the Roanoke Times. dakd June 20. 2006. "Ahout JUllf of tht' traill'r pnds are in the nn'a to hl' regl'adt'd to n'ducl' flooding... In a rc'cent phon~ eallto :-'1rs, Trompder. I was 1<)ld that only the lots hy the ri\'~r wc'rc' llriginally gl'ing 1<) he al'feekd and that the l'ity has hc'en r,'nting some ol'thes~ Sll Il:wc'r p,','ple \\'Iluld he displaeed when the prnjc'l't began, What happened to this plan';' Seellndly. what are your inlentions 1'01' the rest 01' the park alkr \\C are displaccd Ihllllom hom,'<,' II' you ar,' plauning another dty park. I did somc l)n-line n:sean:h and tillll1d that ther,' arc' already 32 rCl'l'eatiollal parks in Ihe Roanoke area and rcally dll not see Illl' ne~d t,'r a1111th~r. Il'you do not inknd [(l huild another park. pkase eonsider this: Is whate'wr \lHI i11lend [(l do wilh the land \'aluahk c'nou1!h to thc' eilizcns lll'lhc' eilv to iUSlil\-the tax ." .... . . dl)llars it will eostlo rekll'ate the e11lir~ mobik hom~ park'! Third. sinee your (keisioll is affeeting nil of us. \\e \\'Iluld like [(l know \\'hy \\e \\'c'rl' nol notili~d of your int~ntions l'llneerning thl' ,hange ol'plans Sll that \W l'ould have voieed <'lllr l"lln,el'llS ht'fon' your dedsion') \lic' had 11ll idea that you inlended 10 take all of our homes u11lit \W wcre inlilflned \'ia the l(le~llmedia. 1 I' you dll lake' the entire park. there \\ill he many other queslions regnrding our reloeation that \wre nol answercd in Ihc pa,kage we all rc',ei\'ed hy registerc'd mail: sUl'h as: \\hat happens 10 our homes if lhey eannot he nwved or we have 11llwherc' III 1II0\'e lhl'nl':' Do thl'Y heeome li,dder 1,)1' lhe hulkkl/,l'rs'! What ahoutllur p~ts'! Most 01' us arc' I'd o\\ners as well ~IS hOllle owners. Will \\'l' be allo\\'l'd to take our pelS to an ~lpartment'! The p(lint \\'l' nr~ trying to mak~ is that w~ are home O\\'lll'rs. nol apartment dw'elkrs, We bought our homcs.paid li)r lhem and in many ,asc's renovaled them just as I'm sure many ol'you have don~ [(l your homes, Some ol'us hav~ mortgages. hut most (11' us own om 11llmes outright. II is wrong totakc this away lh'mus unl~:is it is a lllaller nfdire m'l,d. Is it truly in Ihc' hest interest 01' the eity 10 take lhe entirc' park and uOljust \\'hat is needed lilr tlood l'ontwl'! I'kase reconsidc'r taking us out clr our homc's and placing us in apartments, We dll not rentllur IWllles: \\e simply rent the land on which they sit. Unkss youean 1Il0ye our h(llllc's to a clllllparahk piecl' or land. YllU are not giYing us cOlllparahle liying standards, I have been tllld that the only parJ..s rhat an: Il'illing to accept o),kr nlllbile hlllll':S are in Rocky \lount and \1aninsyilk. What about th.: dd.:rly and disabled r.:sid':llls who ckp.:nd on l,ullily Illelllbers nearby and bus lines 10 g.:t around th.: city',> I'lo\\' would they surviy.: that t'lr a\\'ay fnllll Roanok.:'! Think ahout it! II .:ould be your f\lolllor Dad in this situatilln. In d\lsing. iflhc' lIlain reason Illr the "gre.:nway" is Illr tlolld cclntwl. \\hy rake tilL' \\'hole park'! Why put an e"tra bunkn on ta"pay.:rs trying to rdllcal.: us inlll ai'llmlabk honsing \yhen \ye arc alrcady in aft(mlabk housing',' Why notutili/,e th.: alr.:ady ':lIlpty 21 I(>ls hy the ri\w tllr your "gr':c'l1\lay" and spar.: as much or lh.: r':SI orth.: park as possibk':' If you did this. you would not bc \)\wburlkning ta"payers. displucing hI1l11': ,mn.:rs or taking th.: inCllm.: that f\lrs. Tnllnpder rccein's ti'olll her propc'rty, Finally. Ilwye kti a packct !llr .:ach llrYl1U containing a copy llrthis spc'cch. ktt.:rs 1'\.: h.:en \Iriling since .Iun.: 29. I'CSpllnses. inlllrl11atilln shar.:d with neighbors and original sign.:d Letters "f Abs.:nte.:ism th,m resid.:nts who \\'Cre unabk to atknd lllnighl's 1Il':':ling, Onc.: you'\.: had tillle to consider lh.:se qu,:sli,'ns. pleas.: make' sur.: \w reed\'(: answers. Sin.:.: you do not ,1I1S\y.:r qu.:stions during this 1Il.:<:ting. I ask lhat you r.:spond to m.:. as one or th.: spok<:sp':l'sons il'r th.: 1Il0hik hOllle park. in \\Tiling, Y (>u hav.: lilY nal11.: and address. and I will shar.: your respons.: with illY kllow r.:sid.:nts, Thank you Illl' your tillle. Y(lUr attention and illr the opporlunity to h.: h.:ard. ~ 1 Mr. Mayor and City Council, I'd like to thank you for finally getting this late opportunity to address you with some of my concerns. My name is Carl Nunnenkamp, I live at 1121 Hannah Circle S.W. My home is located at lot #69. I feel it neccessry to remind you that my place of residence is my home, as are those of my neighbors. We own these homes just as all of you own yours. We are not renters, although the land which our homes are located is. We are still homeowners none the less. You are not dealing solely with the business known as Trompeter Brothers LLC. You are, in reality, dealing with 67 privately owned homes. The homes of 67 families, over 200 human beings. My neighbors range in age from mere infancy to the most senior of citizens, who if forced to move may' very well put some of them in life theatening situations. Some of my neighbors are so old and infirm they need assitance with the simple task of retrieving their mail, which is located centrally in the neighborhood let alone being asked to move thier life long residence across the city. Some of my neighbors wore the uniforms of this nation. They took an oath that if asked, they would be willing to shed their blood, sweat and tears to defend the freedom and the rights guaranteed to us in our founding documents. These documents, penned by patriots of this country, among them were favored sons of this noble commonwealth, including Thomas Jefferson, the primary author of our Declaration Of Indepence. In this declaration, he found it necessary to put to paper, some, but not all of our rights. Included in these rights were life, liberty and the pursuit of happiness. Inalianable rights, undeniable rights, guaranteed to us and all Americans, by God, our creator. Rights this council seems so eager to deny the residents of my neighborhood. We are told that this project is necessary to insure our safety. We are told the river is ready to rise and wash away our homes and even ourselves. That this danger is emminent. We fail to see the urgency and disagree that the , only remedy is the eradication of our entire community. If this danger is so emminent, we wonder why then has it take this council and councils prior to yours so long to come to this conclussion? Were councils before you less caring? After all, the last time this river represented anything close to a danger, I need to seek out neighbors who have lived in my community for more than 20 years. It seems this is so because that is the last time the river rose even to even the level where it covered the lawns of the homes closest the the river, never coming close to the majority of the homes in the rest of our neighborhood. Although we appreciate your concern, we feel there are many reasons that it is disingenous. One of the reasons being that we only found out about the effort to condemn our neighborhood by way of a story written in the June 20th, 2006 edition of the Roanoke Times. We then see the story in the edition of the paper printed last saturday, the 19th of August, 2006. In that article Brian Townsend, the city's planning manager, says plans for the space were originally made public in the city's 2001 comprehansive plan and that the city contacted the residents of our community as soon as the council allowed the acquisition process for the flood reduction project'to start. A mouthful, you might think. But a statement attributed by the Times to Brian Townsend. No one can remember a thing about this plan. But, if we are told by the city that this plan exists, it must. Although I'm sure it is located somewhere in the bowels of city hall along with other documents the city saves to spring on us when it is in their best interest to do so. Non the less, the time between when this comprehensive plan was formulated and the time we were notified was well more than 5 years. Did we not have the right of timely notification of this comprehensive plan? If not, why not? We also learn that negotiations between the city and the owners of the property have been going on for more than 5 years. Why weren't we, those who would be effected most by this , proposal, denied knowledge of these negotiations. We are left to assume the answers why we were not. Our answers do not reflect favorably on the Mayor's office, this Councilor the owners of this property. We are left to conclude that keeping us in the dark as long as possible was what was in the best interests of the City and the Trompeters, not us, those who would be effected. The more we knew and the sooner we knew it might make this project all the more difficult to come to fruituition. When we finally got wind of what might be going on and questions were asked of this committee shortly after the first article in the Times back on the 20th of june, the response we got answered none of the questions that we asked. You have in the package we presented to this council earlier, copies of both our questions and this coucil's answers. All we got was political speak. It's an art form today. Politicians are masters of this art. We see it on C-SPAN, on the local and national news, in campaign speeches. So much talk, so little substance. It amazes me how politicians think they can continue to get away with this. We desrve and demand answers to our questions. We do not approve of deals made by politicians and big business in smoke filled rooms behind closed doors that benefit only the well healed and those closely connected to the system. Those days are coming to an end. There was once a day when elected officials were held in high esteem. We once had patriots in public office. People, once elected, who then took their oath and then proceeded to represent the least among us, because we were unable to speak for ourselves. Today, it seems, we can only read about those elected officials in history books. Today, we search both broadcast and print media, hungry for patriotic politicians. It seems today, these two words are rarely used together. A very sad commentary on government, but apparently true, non the less. The way this matter has been handled and the little time afforded to us to challenge the efforts of this council further , leads to even more speculation. We have been told nothing about the possible effects on the enviornment. Our river will surely be adversely affected when the ground covering the landfill, located just beneath the surface, once bulldozing begins, will allow contaminents to leach from the landfill and eventually into the river. Have enviormental impact studies been conducted? What about the impact of traffic on the surrounding neighborhoods. Children play safely on those streets. From my observation, all of the streets surrounding my neighborhood are but one lane in each direction. These streets seem to be in need of extensive repair as they stand today. Are any of you aware of this? We wonder the last time any of the councilor someone from the mayors's office has visited our neck of the woods. No one who lives is able to recall. This does not surprise any of us. After all, we are but lowly trailor park residents, seemingly undesrving of even the slightest attention. A retorical question, have any of you ever visited our neighborhood? We wonder now that this project has seen the light of day and our questions are being aired publicly, will any of you at least put the brakes on this long enough to answer questions and address some of our concerns. Are any of you brave enough to stand strong against the tide and do what elected officials are sent to office to do, to make sure that the weakest of voices are heard as well as are the loudest. The one last question we need answered is why do you feel we should be expected to go quitely into the sunset without so much as a whimper. You're asking us to leave behind the homes we spent our fortunes on, although small fortunes at best, with the promise of assistance in finding affordable housing elsewhere. Housing which we would be forced to rent rather than own. We're open to suggestions as to where we will find homes equal in both value and serenity to the ones where we now live. Homes that provide us with a river's view, safe safe streets and yards for our children to play in. Private yards in which we grow our own gardens with I homeside driveways where we park our cars. Homes that provide us with at least 2 bedrooms, a dining room, a kitchen, 2 full baths, a laundry room, central heat and air, free water and waste removal. A meager existance to some, but a place we call home. This is what you're trying to condemn in the name of safety. I'd like to offer a suggestion. Why not use the money you are offering us to relocate added to the money, we only learn from the news article last saturday in the Times, you now seem to be offering us to compensate us for our homes, and add it to the money you're offering in rental assistance for up to two years and underwrite mortgages for those of us interested. This would then enable us to buy new mobile homes in other mobile home parks located within the area. I think this might be far less costly to the city and may meet far less reistance and possibly even acceptance by those you're looking to deal with so harshly. We demand to be treated as you would treat your own families, with both fairness and compassion. After all, we are families too. Please, don't forget that. I thank you for your time and hopefully your consideration. God be with you all. Carl Nunnenkamp 1121 Hannah Circle, S.W. #69 Roanoke, Virginia,24016 ~. I LETTER OF ABSENTEEISM I., Idli~ Cb~~ , ,_' am a reside11l of Hannah t"h)bik l'lome Park and amunabk to attend the City Couneilmeeting on August 21.21l06. I do, hll\\'ever, wish to exprc'ss my "pini"n regarding the sale- of the entire park as opposed to taking only what the eity nel~ds tllr thc tlo"d control "green way", I am in agreement with the other residents oflhe park on this issue. I am not llpposed tll making the river sali:r Illr lllllse wh(l live by it because it is important III th<.' eity of ROaJlllke, However. I do not believe that it is neeessary to disrupt the lives of all of' the residents here when you <.'lluld aecomplish the same gf':11 by simply putting in thl' "grc'l'l1\l'ay" and displaeing ,)Illy a Ii:w residents, / This ktter of absenteeism signilies my wish to add my voiee t,.< what is being said on hehalf"fme and my ti:lI"w residents ofI-lannah Mobik l'lome Park, Signed__~kUA..J Addrl'ss .JIJo d 8J.i~Aj iLu~ ,h), / ~; {4. Date ~ - S - () ~ -- -..-- Lot# City cflt/{/II Phone .'<~'.... , "lumber ofresidenls in hllusdlOld___----2 , LETTER OF ABSENTEEISM I, ,_ L./o...'/_d L. '4 JV d-,l /L1,l9_L./'Jt:J /d . am a residenl (lr I-Iannah Iv(nnik Ilome Park and am unank 10 attend Ihe Cily Councilml'eling on AugusI 21.200h, I do. Iwwever. wish 10 express my opinion regarding the sale orlhe enlire park as opposed to taking only whallhe city needs Il)r the Ilood eonlrol "greenway". I am in agreemenl with lhe (>ther residents or Ihe park on Ihis issue. I am 11<)1 opposed 10 making the river sarer Il>r those who live ny il necause il is impOrla11l10 thl' city nf Roanoke. I-Iowewr. I do nol ndieve Ihat it is necessary 10 disrupt the lives or all or the residl'nls here \\ hen you could accomplish the same goal ny simply puning in the ugreenway" and displacing only a rew rl'sidl'nls. This kller or ansenteeism signifies my wish 10 add my voice 10 whal is neing said on nehalr Ill' me and my fellow rl'sidents of Ilannah Monile Ilome Park, S;g",' ~ ~ Cf;.1{ Do" Address / 0 /~ ~sj; r {! r, , IV. ,_ 8-B-O~ Lot Ii oL. CilY -Bc.Vni!J /<:,. " VOl, 24tD..mL~ Phone c::0 Numbl'r or residents in household ,"'" j LETTER OF ABSENTEEISM L _ L:""~ ,1-1 :"1 A- ' [v.t Iv' 1lI1'l--'_. am a residcnt llr Ilannah J\'Johilc J 'OIllC Park and alllunahk III alll'nd thc City l'oulll'il meeting on August 21. 21)116, I do, hllWC\'Cr. wish to cxprcss my opinion r.:g'l1'lling thc sal.: orlhc cntir.: park as ,)ppos.:d tlltaking only what thc cily nCe'ds Illr till' nood ,:ol1lrlll "grccnway", I am in agr.:.:mcnt w'ilh the othcr rcside'nls orth.: pnrk on this issu.:, I allllll)t oppos.:d to making the' ri\.:r sar.:r Il)r tlws.: who li\c hy it h.:.:aus.: it is imponant t" the cit~ or R,)an"ke. 1'lo\\'C\'cr. I do not hdic\c thai it is nl'ccssary to disrupt thc liws or all or the residcnts hcrc when )oul'lluld aCl'llmplish the samc goal by simply pUlting in the "grccnway" and displal'ing only a lew rcsidents, 'This ktlcr or ahsl'nteeislll signiiie's my w,ish to add my \'flice It) w'hat is h.:ing said "n h.:hal I' or mc and illY Ielk,,\ resid.:nts "I' Hannah J\,lohik Home' Park, S i gne'd ~ a.0:..~ , --- ..",,_Dall.----0?,t. Addrcss _( ~ 3J! /?'l i dV J? ~& ,If- ~e... ,,0) uJ '-ot:if <-/ City fi 1J.-9',v-()~ V/9 02</4 It -- ...- ------ Phone l\ulllbe'r or re'sidents in hlluschold I " LETTER OF ABSENTEEISM ~ am a resident or a amunanle to attend the City Council meeting on August I do, however. wish lO l'xpress my opinion regarding the sak of the entire park as oppllsc'd to taking only what the city needs fi)r the nood control "greenway", I am in agreement with the (lther residcnts of the park on this issuc. I am not opposcd to making the river safer I,'r those who live ny it neeause it is important to thc city of Roanoke, I'''-'we\'er. I do not nclie\e that it is necessary t,) disrupt the liws of all"f the residents here when you could accomplish lhl' same goal ny simply putting in thc' "grec'nway" and displacing only a lew rcsidmts. This ktll:r of ansenteeism signilks my wish tn add my \niee to what is being said on behalf of mc and my Ii:llnw residents of Ilannah rvlobilc Ilome Park. Signed '1J~- !?(~b~ Address,j{J{JsBliI2t1 ei'~ez..-.___ .6 ~~,U)fu , V4, , Date !?'- ')-oG LotI! City Phonc' Number of rcsidents in household _J_'__ " LETTER OF ABSENTEEISM I. _, at L/'D . am a rcsidcnt of Hanna I lohik l'lome Park and am unabk to attend the City Couneilmeding ell] August 21. 20( i, I ell>. however. wish to exprcss my opinion rcgarding the sak oftlli.' cntirc' park as opposcd to taking only what the city needs Il)r the !lood contwl "grecnway", I am in agrccment \\'ith the other residents of thc park on this issue, I am not oppnsed to making the river safer Il,r those who live by it bl'eause it is important to the city of Roanoke, 1'lllWeycr.1 do not helieve that it is ncccssary to disrupt the lives nfall of the rcsidl'nts here whl'n YC1U could accomplish the same goal by simply putting in the "greenway" and displacing nnly a few residl'nts, This ktter of absenteeism signilies my wish to add my voice t() what is being said on hehal f ()f JIle and my (clIo\\' residents of Hannah Mobik Homc Park, I,()til Ch~C)a~ /~() 1.j;<;~EJ C~C'J 5~!' , c;_ (i!o---2D rJ k J2.. Dall' g~9.-0~ Signed Addrcss Cily Phlllle 'luJllher of residents il~h()usehold ..1 LETTER OF ABSENTEEISM I. It />, . ~,__9 d;~J . am a r~sid~nt of Ilannah ~Vlt>~~dL;l1una~'ill..!atknd th~ City Coun~ill1l~eting t\ll August :!I. :!006, I dt>. IH.l\wn'r, \\'ish tp ~xpr~ss my opinion r~garding th~ sale of th~ ~ntir~ park as opp"s~d to taking only \\'hat th~ city nc~ds ror th~ Ilopd control "gr~en\\'ay", J am in agr~ement with thl' olh~r n:sidcnts of the park on this issuc, I am npt opposed to making thc ri\'cr safer Illr ll](ls~ \\'hp lin' by it nc~ause it is important to th~ city PI' Roanoke, Ilow~\'~r. I dt) not ndi~ve that it is n~c~s"ary to disrupt the lives of all of th~ r~sid~11ls h~r~ \Vh~n you ~ould ac~omplish th~ sam~ goal ny simply pUlling in till' "gn:~n\Vay" and displa~ing only a few residents, This kll~r of ansenteeism signi li~s my wish to add my v(li~e to what is n~ing said on hdlalf of 11l~ and my rello\\' rcsid~nts or Ilannah Mobile I'lome Park, Addrc'Ss ~ (f~ Do" . j)j;AJ/1, /~.~ Signcd Lt'l # _7 ,f1iliLr'(\,(~JL ,"-- VUv-~ ,5.~ City Phonc \Il1mn~r of r~sid~nts in household u: 'Al-:::L.._'u LETTER OF ABSENTEEISM I. ,Yf).R..M.f\N. :J-<-_.V.L.A/ c..J_u____. am a resident of Hannah ;V\-;;t,ile Ilome Park and am unahk to ~ft'll'l1(j the City Council meeting \.In August 21,200(>, I do. however. wish l\.l (:xpress my opinion regarding thl' sail- ofthl' entire park as opposed to taking only what thl' city Ill:l'ds for the !lood control "greenway", I am in agreement with the other residents ol'the park on this issue, I am not oppl)sed to making the river safl'r for thosc who live hy it hecause it is imp\.,rlantto the eity of Roanoke, However. I dll n\.,t believe that it is necessary to disrupt the livcs of all of the rcsidents here when y\.IU could acwmplish the saml.' goal hy simply putting in the "grel'l1\\'ay" and displacing only a few rl.'sidl.'nls, This letter of ahsentl.'l.'ism signilies illY wish to add illY voice to what is heing said on behalf of Ille and my fellow residents of Ilannah \10hile Ilol11e Park, " SignedJt!~ _ __I/ft;i;q Oatl.' f -:J. {- t!J ~__ C. ;- Addrl.'ss Lot Ii ----~ _fitJ~_C> f(f, I Ll-tfi, 1 ~/)L~ . - . ---- -.-. --- ls~ City Pllllne -,-'- , Numher of reside illS in housdlllld , LETTER OF ABSENTEEISM I, L 0 Cb, / 5/ f! tt-f F /IA /; IV _, am a resilknt of Hannah \'Iohile l'lome Park and am unable to attend the City Council meeting ,In August 21, 2006, I do, howe\'<.:1'. wish to express my opinion regarding the sale of the entire park as opposed tll taking only what the eity needs Illr the Ilood enntrol "greenway", 1 am in agreement with the other residents ofth~ park on this issue, I amnl't opposed to making the river sakI' I"l' those whl' live by it because it is important to the city llf Roanoke, Hl'\\'l'vel'. I do not believe that it is necessary to disrupt the lives of all of the rl'sidents here when you could accomplish the same goal by simply putting in the "greenway" and displacing only a few residents, This ktter of absenteeism signities my wish to add my voice to what is being said on behal f of ml' and my 1i..'lIow resideJ1ls of Hannah \Illbik llom~ Park, ff Signed Lo tl / ~ Address I () I ) !:-.5-zLL c;g . HtF r IV! A-Jv' Date (f -5 -tJ6 I.l1tii _~ City j~ o"l"vOf<..( [/fI),__ .J ~/ tJ! &, __ _ Phone I\ulllher of rl'sideJ1ls in housdllild ~ '. LETTER OF ABSENTEEISM n ,,-,' ~ \ - L \. :.. QO ~ ---..)~..I'-I\':::'() \'j . am a n:sident "I' Hannah tvlohile H<lI11e Park and alllunahk to attend the City Council meeting on August 21.2006, .-,:' ,,'.. \"', I do. however. wish to l:'xpress my opinion regarding the sak of the entire park as <'pposed [0 taking only whallhe city nel'ds "'r the tlnod enntrol "greel1\\ay", I alll in agreement with thl' other residents of the park on this issue, I am not opposed tnmaking the river sakI' tilr th('s~\~::lio li\'e by it heeause it is impnrlant to the city of Roanoke, However, I d" n('t hclien::'lhal it is necessary to disrupt the lives of all of the r,'sidents here when you could accomplish the same goal hy simply putting in the '.greCllway.. and displacing nnly a lew' residents, This Idtcr of absenteeism signities my wish h.l add my voiec tll what is bcing said on hehalf "f me and my ti:I\(l\\ residents nf Hannah Mnhik Ilnmc Park, Sig"J'~(\,~~ 1\ddress,I~~?= Ls~ 1\ ~,,-~('l. - Date 8 m <~- D!.p LotH \ D Cily \20~" ~_, -~~ I'hc'ne d- l\ CO ' Numhcr <,frcsidents in hnusehnld ('-- )' l---- " - ' s . LETTER OF ABSENTEEISM {].... ,I L':Lra.Dmce~' LoU,S CCl..-f,i.-er .amaresidelllof Ilannah l\'lobik l'lome Park and am unable to attend the City ('ouncilmeeting on August 21.200(;, IlJo. however. wish to express my opiniun regarding Ihe sale ofthl' entire park as oPP(lsed to laking onl~' what the city needs for the !loud contrlll "greenway", I am in agreement with the other residents of till' park llnlhis issue, I am nllt oppllsl'd to making the riwr sali:r for Ihose whll lin' by it because it is importalll to the city of RoallLlke, 1-loweVe'L I do nOI bl'iieve that it is necessary to Jisrupt the liws llf 1111 of the residellls here \\,hcn YllU Clluld accomplish the same goal by simply pUlling in the "grel'l1\\'ay" and displacing flnly a li:w rcsiJellls, lhis letter llfabsenteeism signilil's my wish tll aJd my voice III whal is being said on hehalf (If me and my kllow reside'llls of Hannah Mobile Home Park, Signed j:c.a.r1 C ("..f . C elf') -e rDale S'~"Fl)(,_, {jf{ 5~v, LoU, S Address 10 /9 /:'5' J/j ef LotH (J_, City Boaa9K e v~~ ). ifoJ.t_ Phone Numher llfrcsidents in bousdlOld _, 2,.,' t' LETTER OF ABSENTEEISM I._l)~~ L~~ '___' .amaresidentol' 1'lal~1.lhik l'lnme Park and am nnahk to attend the City (lluned meeting on August 21.2()()6, I do. however. wish IOl'xpress my opinion regarding the sak of the entire park as opposl'd to laking only what the eily needs !(lr the tlLwd enntrol "greenway", I am in agreement with the ()ther i'esidents or the park nn this issue, I am notl)pposed 10 making the river saler I,'lr thosl' who live hy it hecausc it is important to the city or Roanoke, 1-10\\'<:\'<'1'. I dn not helieve that it is necessary to disrupt the li\'<'s of all nl'the residents here when you could aCl:Omplish the same goal hy simply putting in lhe "grel'nway" and displacing only a few residents, This ktter or ahsellleeism signilies my wish to add my voice to what is heing said on hehalf or me and my leBow residellls of Ilannah \tlohik Honll' Park, Signed~yli ~~ Address L(J~ / E'~'LV:0,_C./k,-,- /3 .,__ , _R~_ Date r1{ ~ ,~_' 0 ? Lot # City Phone i\umhl'r :I~ reside'nts i'; -ho;l:ehold 2_, , " LETTER OF ABSENTEEISM I. . am a rl'siu~ntof ".- - -- llannah Mohill' I hllJ1e Park anu amunabil' to alll'nu the City Counl'ilml'l,ting on August 21.20()(), I dll. hl1\ll'l'l'r. Il'ish to express lilY opinion regarding Jhl' sail' ofthl' l'nlire park as opposed tl) taking onl~' what the l'ity nl'eds Illr the tlood l'Onlrol "grl'l'I1\I'ay", I am in agrel'ml'nt Il'itb the other residents of thl' park IIn this issue. I am not OPPos('d to making the ril'l'l' sal~r Ii'!]" thosl' who lil'e hy it hel'aUSl' it is importanlto the <:ity l.lr Roanllkl', l'I<,1\\'<:\'l'r. I do nol hdiel'l' lhal il is nl'l'l'ssary 10 disrUpllhl' lin's of :III of I Ill' r~siul'nts here \\'hl'n youl'lluld al'l'omplish the same goal by simply pulling in the "grl'l'nway" and displal'ing only a !i.'w resiul'nts, This ktkr of ahSl'l1ll'l'ism signilil's lilY II ish to add 111,1 I lliel' III wh1ll is bl'ing sedJ on hehall'or me and my fdllll\' rl'sid~nts of I-Iannah \-hlbik I tome Park, Signed -p()J,J.,~) ~ Audrl'ss.Lf2CJ il--'i~ &..----L...-' Lot ii llf- Cily R 'lJfJ-- " ~ j _Dale _L5 -J{:>. Phone \Jumber Ilf rl'sidl'nts in household I LETTER OF ABSENTEEISM ( 6-t-7Z;) I. ' '<~ cI, t!-.,4-?W-zLA,../~ . am a r~sid~nt "I" Hannah ~ ile Home Park and am unable to allend the City Council meeting on AugusI 21. 2(J()(" I do. however. wish to e'press my opinion regarding the' sale 01" the entire' park as oppos~d to taking only what the city needs l'or the Ilood colltrol "grecnway", I am in agreement with the nther residents of the park nn this issue, I am not opposed "' making the river safer till' those who live ny it neeaus~ it is important to the city 01" Roanoke, IItl\vnet. I do not nelieve that it is necessary Ii) disrupt the li\'es 01" all ol"the residents here when you could accomplish the same goal ny simply pUlling in the' ugreenway" and displacing only a few residents. This Ielter ol"ansenteeism signilies my wish to add my voice to what is neing said on behall" of m~ and my 1<:Ilow residents ,,1" Hannah Monile l'lome Park, Address ;;~ 01: ~O"" ~s. ;i.,,-~ ...10,__:2. '~OA<-X-cJJ (!~~ .J,tU. /7 ---. Signed l.otft ('ity fP~~ Phone Numner ()I"r~sid~llls in household / LETTER OF ABSENTEEISM I.~ _ _ . am a r~sidl'nl of Hannah r\'10hik 1'lol11e Park and al11unahk to allend the Cily Coun~i1I11~~ling on August ~I. ~OO(i, I (if I. hOW~\'l'r. wish 10 ~xpress my opinion regarding lhe sak ell' lhl' ~ntire park as e)ppos~d 10 taking only what lh~ ~ily n~~ds I'.lr th~ ilood ~ol1trol "greenway", I am in agre~l11~nt wilh the other residents orth~ park on this issu~, I al11 not opposed to making th~ river saf~r I,)r thos~ who liw hy it he~ause it is importanltolhe ~ily or J{oanok~, Ilowever.1 do nol heli~v~ lhat it is nec~ssary to disrupt the liv~s ofalloflhe r~sid~nts h~r~ wh~n you could a~wl11plish lh~ same goal by sil11ply pulling inlh~ "gre~nway.. and displacing only a f~w residents. This Idler orahsenleeisl11 signifies illY wish to add my wlic~ lel what is bl'ing said on behalf orme and my Iello\\' rc:sidenls of Ilannah Mohik 1'lol11e Park, Sign~eJAAx.J~ V, i;J~ DakrL.rJ~__Ofo IV '" 0 ;\ddr~sslP2_"_!~ ~) ~ ~ I.ot!! ~ D_,_ City ---R ~1~~~~~..../_ Phone ..s i...f- 0_ Numh~r or r~sid~nls in household~_ . LETTER OF ABSENTEEISM I. ,_~ ((J,,_~ .. __' am a resident or Ilannah tvlobik 1'l<.lIlle Park and am unable to attend the City Couneilmeeting on :\ugust ~ I. ~1l1l6, I do. h<.l\wver. wish to express my (>pinion regarding the sak or the entire park as opposed h> taking only "hat the eity needs Ii'r the tlood c<.lntrol"green\\'ay", I am in agreement" ith the other residents of the park on this issue, I am not opposed to making the ri\w sakr 1\lr thllse who live by it heeause it is important t(1 thl' eity <.11' I{oanoke, II0Wl'\'er. I do not bdil'\'e that it is neeessary to disrupt thl'liws <.If nil "fthl' rl'sidents here \\hen Y,<IU <:lluld aecomplish the same goal by simply putting in the "greell\\'UY" and displacing (Inly a li::w residents, This ktter "I' absentceism signifks my \\ish to add my \'(Iicc to \vhat is being said on behalI'or ml' and my ti:I/(l\\' rl'sidents or Ilannah J\lobik I !tlml' Pw-k, Signed JJI'if.tA-<... (2, -t&J~tc.._Date ~', 7- OG, Address -/JJ..J,2 R~,v( C ~ I.ot # _)...2- City ,!?p-1'~",-~ ;Zr.;{.,/~ Phone Number oI'rc'sidents in household / : ~ LETTER OF ABSENTEEISM I. ~:'~~ ,'r---, ,'j'~~", J __ " . am a resident or Hannald\1obik Itome Park and am unable III attcnd the City Council meeting on August 21,201l6, I do, however. wish to express my npinion regarding thc sak or the cntire park as npPosl'd tn taking only what thc city nceds Illr the Ilond enntrol "greenway", I am in agreement with thl'other residents or!he park nn this issue, t am no! oppnsed tn making the river safer Il)r those wholivc hy it hecause it is imrlLlrtant tn the city or Roanoke, l'I(l\w\w. I do nllt bdic"e that it is necessary to disrupt the lives or alll)r the residents here whl'n YllU elluld accomplish the same gnal hy simply pUlling in the "green way .. and displacing only a rew residents, This ktkr or absenteeism signifies my wish to add my voice to what is heing said on hehal I' or me and my kllow residents or Hannah Mohik Home Park, Signed ~~ \--.... "'f.e ~ > Date \.. 1 Address..lQ ~ 1 Hac.'f'\h a"'...c.,'r~\Ll ~~!V' . I.otl! ~Q, City _RO~D~k~ ~~5_')2..00~ I'honl' I\umber or residents in hnusehold t .." I LETTER OF ABSENTEEISM I. DpJ,~\e \>~-\-SF. L . am a residenl of Ilannah \10nile Ilome Park and am unanle to alll'nd Ihe City Couneilmeeling on AugusI 21,20(}(j, I do. ho\\'ever. wish to e'press my l'pinion regarding the sale of Ihe enlire park as opposed 10 taking onl~' whallhl' city nel'ds Illr Ihe !lood control "green way", I am in agreemenl wilh Ihe olher residents oflhe park onlhis issue, I am nol opposed 10 making Ihl' ri\w sakr Illr those who live ny il heeause il is imporlant 10 Ihe eity of Roanoke, Howe\'er. I do nlll helie\'e Ihal il is neeessary III disrupt the lin's oflll! oflhe residenls here when you could aecomplish the same goal hy simply pUlling in the "grel'nway" and displaeing ('nly a le\\ residenls. This letler of ansenteeism signitil's my wish to add my voiee 10 whal is being said on hehalf of me and my lellow residents or Hannah Mobile I'jome Park, ~ S;g..," (1,lk, ~QlKDhJlD'''~, ~_u,_ Address \DL\D~(l"i':ino1 C (, f d-c I,ot if ~c.. __..,0..-:> , ~~':'\~ City Phone Numner or residents in household ~ . 0;., ~e~{J" '( C1 LETTER OF ABSENTEEISM \<, ,c.;r.P\~() \\ 0 Le..o \"\ 6 I. Ilannah Mobik ~1, ~()()6, '- ''', ,~~ .'_ ,,:un a r<,sidcnl (If llml' Park and amunabk 10 allcnd thc (. Ity ( oUllCllmcL'llng on August I do. howc\'cL \\'ish to cxprcss my opinion rcgarding thc salc ofthc cntirc park as opposl'd 10 laking onl~' whm Ihl' cily nCl'ds Jilr thc llolld ClllllWI "grccnway", I am in agrccml'lll \\ith Ihc othcr rcsidl'nts of Ihc park on this issul', 1 al1lllllt llpposcd to making thc ri\'l'r safcr Iilr thosl' will> livc hy il bccausc it is important III Ihc city of Roanokc, Ilo\\c\'cLI do not bclic\'c that il is ncccssary tll disrupllhc livl's "fall oflhc rcsidcnts hcrc whcn you could aCCllmplish thc samc goal hy simply pulling inlhc "grccnway" and displacing only a Ii:\\ rcsidcnts, This klll'r llf ahscntccism signilics my \vish III add my Hlicc 10 \\hat is bcing said on hdlalf of mc :md my li:llow rcsidcnts of Hannah \-lobik Iloml' Park, Sig")::{a~ ~ ~/ , . v Addrcss _~,~ '\ ~ \-\ t\ ~ tJ__r. " .I:.. \ ~, Dall' Lot#- '2...~ \<'.'H\ \J D'/... e City s~. '1/-& Phonc Numbcr (lfresidcnts in hlHlscllllld \ . -, LETTER OF ABSENTEEISM I.:::~-, tI? {!~,__ .amar~sidentllf l'I'~~l~~ l'lllm~ Park and l1l11unahk 1,1 atknd the City Clluncill11,'~ting ,'n AugusI 11. 200(" I dll. hll\\'~\'l'r. wish tll e:\pr~ss my ,'pinilln r~garding thl' sak llflhe el1li(~ park as opplls~d 10 laking (lnl~' \vhatlh~ city nl'~ds Illr the Ih>od ~llnlwl "greenway", I am in agreenlenl \\'ilh Ih~ "ther resid~nts oflh~ park onlhis i"u~, I am not Opp,)s~d tllmaking Ih~ riwr sa reI' 'i,)r thos~ who liv~ hy it heeause it is important III the eily of Roanoke, Ilo\\'l'ver. I dll mlt helieve that it is ne~i.'ssary to disruplthe lives ofall"flh~ r~sidenls here whl'n you elluld a~eomplish th~ sam~ goal by simply pUlling inth,: "gr~~Il\\'ay" and displacing only a fe\\ rl'sidl'nts, This kli~r or ahsenteeism signilil's my wish to add my \'oiee 10 what i'; hl'ing said on h~half,)fl11l' illl.! my fellll\\' resilknts ofl-lannah ;-"'!l)hik l'lome Park, Sign~d ---4 ,.Ii? 6~ __'_Datl'..i/J 7/ t'l, & ,_ .'\ddr~" ..J..!}__'-/ ?~/-/i-']/J-v?lA..,JV~._ , I'lll#~& 7 Cily ~1cJ~1-~ J tJa.._.dLQ / (a_ I'hol1~ Q Y CI I\umh~r or residents in household d- LETTER OF ABSENTEEISM ~.LI' nVa.a....LeL;,f_ _' am a r~sident of Hannah \~ ,ik l'loml' Park and an~ahle ll) attend Ih~ City Coundlmeding l1l1 AugusI 21. 20n(" I do. Illl\WWr. \\'ish to express my opinion regarding the sak of the ~Il\ire park as opp()sed to taking unly whm the dty needs II,\[ thl' Ilood control '.greell\my"., I am in agr~ement \\'ilh Ihe (lther residents of the park on this issue, I am nlllupp()sed t(1 making the riYc'r sakr fclr th"se \\h() liw hy il heeausl' il is important to till' eity "I' Roanoke, l'I<me\w. I do not hdie\'e thai it is Ill'cessary 10 disrupt the li\'es l)f all "flhe residcnts here when y"u could aceomplish Ihc same goal hy simply pUlling in thl' ngreell\\'ay.' and displacing only a 1'.:\\ residents, This kiter of ahscnteeism signilies my \\'ish to add my \'"icl' Il) \\ hal is bcing said on hehalf of me and my kllll\\ r~sidcnts of Ilannah i'vlobik Homc Park, S;g""Q . - . . . _D""-0z,L, ~ :\ddress 1.C4<6 H.aJJllaA-E/ rek ::,:!1~~z)~ Ph()ne ..5!:/"c) - I\umher ofresidl'nls in houschold .. --'2 LETTER OF ABSENTEEISM I. GL~,---- 3. nl.DSo N. ~ Dp\\J.I Q F~cdve...am a resident nr I-Iannah I'vlnbik I-klllle Park and am unahle In allend the (,il~ CnuneiJmet'ling nn August 21.200(i, I do, Illl\\'t'\'er. \\'ish tn c'xpress my npinion regarding thc' sale oflhe elllire park as nppnsed In laking only \\halthe l'ity needs 1,)1' Ihe Hood eonlrnj "grec'l1\va~", I am in agreement \\ith Ihe other residents oflhe park on this issue, I am nol opposed to making tile' ri\'er sat'er Ii.)r thOSe \\hn Jiye hy it be<:ause it is impc1rlantlO Ihe eity or Roanoke, HO\\e\'er. I do not belie\'e Ihat it is necessary to disruPlthe liws ,)1' 1111 ol'the residents hc'rc' \\hen y,)U could accomplish thc' same goal hy simply pUlling in the "green\\ay" and displa~ing only i.l l~\\" residellts. This kller or ahsentec'ism signilies my wish to add my \'llice to \\hat is heing said nn bdlal I' "r me and my Idlp\\ residc'nls of Ilannah rvlohilc 11,)me Park, Signedg1/ ~O~ Dale 'is - <l - () (;, Address /0/3 1-fA.f./IY'!f,f{ ell? S<:..J I(ll!i m.33- \2, Qe:. .00 1;<..Q l) G ,.. City ;<y 0\ A Ph,)ne A ~umber ofresidellls in hnllsehllld_3 tJ 0 'E .. Jt UEtA/! II I4lk,..I<1 -/-h.s i /h n l ~d LETTER OF ABSENTEEISM I. fJn.QIJ-s_(!Jeaiher !.f'f7./ , _' am a resident of Ilann!IK Mllhik Illlme Park and am unable to attend the City Clluneilml'eling lln August 21.2006. I dll. howe\"l'r, wish \(l express my opinion regarding the sak of the entire park as llPP"Sed tlltaking only what the eity needs for the 110lld control "greenway", I am in agrL'emenl with IhL'llther residents of the park on this issue, I am not opposed 10 making the river sali:r Illr those whnlive by it because it is important tllthe city of RoanOKe, However. I do not believe that it is necessary 10 disrupt the lives of all of the residents here when Y"U eould aecomplish the same gllal by simply putting in the "green way" and displaeing L1nly a le\\' residents, This Idler llf absenteeism signifies my wish to add my voice to what is bl'ing said on hehalf Ill' me and mv Idlmv residents of Hannah Mnbik Ilome Park, signedJ0:.,CY--~ ~%dci~ Date_.<}1 sj[J{P Addressj07"S '-I~.!2I7a.h f!./(,c /01 ~'iL,___ I,nt# ~;Z City hat!of7<)l:.e- 1//? 2l./D!& 1'11I>ne NumhL'r of residents inllllllSehold ,~ ~, LETTER OF ABSENTEEISM L ~_L4~"<.J~~~~:j;::;> . am a rl'sid<:nt oj' Ilannah Mobik l'lom<: Park and am unabk 10 all<:nd Ih<: Clly Council m<:<:lmg on AuguSl 21.20()(j, I cIP. how<:ver, wish 10 <:xpress my opinion r<:garding lh<: salc Oflh<: enlire park as oppos<:d 10 laking only what lhe <:ity needs I,'r the Ilo()d <:ontrol "gr<:enway". I am in agr<:em<:nl wilh thl' nth<:r resid<:nts 01" th<: park onlhis issue, I am not nppos<:d to making lh<: riwr safer ',)r those who live by it because it is imporlallllcl the cily oj' Roanok<:, However, I do not belicv<: that it is necessary to disruPllhe liv<:s of all 01" the.' residenls her<: wh<:n youl'lluld aCClllllplish lh<: same goal by simply pUlling inlh<: "green""lY" and displa<:ing only a I"ew r<:sidents, This kll<:r l'I"abs<:nleeism signili<:s my wish to add my \'Oi<:l'lo whal is b<:ing said on b<:hall" 01" m<: and my kill1\\' reside.,nts 01" Hannah \1ooik Home Park, 'SignedQ~~~~~ Addrl'ss // /J i/If-ijd (,A) S I<.) Lol Ii ~ Ij' CilyC~.~-/L ~, ~~/~ Dale J:..; </'-, t1 ~ Phon<: Numb<:r ol"r<:sid<:nts in housdlOld / ... " ," LETTER OF ABSENTEEISM I. --~o \'y)l\n+ho... --,fumgs " ___'_____. am a rL'si,knt oj" Ilanna 'vtoblle l'lollle Park and amunabk to alt<:nd the ( I:Y l'ounellmeellng on August 21.20()(', I d(l. hO\\~\er. \\ish 10 express illY opinion regarding ILe sak oJ"the entire park as llPI1\lSed 10 taking only \\hal th,~ eity needs I(lr the Ilood control "greenway", I am in agr':L'I1lL'nl \\ ith Ihe olher residents oj" IhL' park on this iSSUe, I alll not opp()S<:d 10 making IhL' ri\er sali:r Illr Ih(ls<: who live by il because it is important hllh<: cily oj" 1{(lanllke. Ilmw\w. I dll nol bdie\'e that il is neeessary III disrupt the lives (lJ"all oJ"lhe residems here whL'n Y(IU el>Uld accomplish Ihe same goal hy simply pulting in the "greenway" and displa<:ing 'lIIi:.. a k'w resident;, This kiter oJ"ahL'nleeism signilies illY wish 10 add illY Hliee 10 \\'hat is heing said on hdlalJ" oj" me and my J"ellow rL'sideJllS oj" llannah tvlohile IloJne Park, I.l)t/l - ,(/) , 11171f~cI.. &7 ..:x oa Y) <:>/~ /;. ~ 7-/2..-9 b___ ~j~nl.'d Date AddreSS Cil~ Phon<: '" !\ulllh<:r oJ" residents in household_3 .:";1 /- LETTER OF ABSENTEEISM f. f<.~ ~~j L l'lallnal~kan 21. 200(" . am a rL'sidL'nl of un, bk- to alt~nd th~ City Coun~i1meL,ting on August I do. 1](l\\L'\'~r. \\'ish t" ~-'rr~ss lilY "pinion r~garding the sak- or the entire park as "rposed h,taking only Ilhat thc ~ity n~~ds Ii.,r th~ l1"od control --grecnway", I alii in agrCL'mL'nl \\'ith IhL' l"th~r r~sidents of th~ park on this issue, I alii not ,'prosL'd 10 making th~ riwr SOlrL'r ti.lr Ihos~ who lil'~ by it bCL'aus~ it is imp"rtanl to the city ,)1' RO'lI](lk~, 11<l\I'L'lw. I dl' not hdiL'I'c that it is nL'~~ssary to disrupt the lil'<:s of all or tilL' residents h.:rL' \\'h~n you "'lIld a~complish th~ salllL' goal by simply putting in th~ "grL'~I1\\ay" and displacing ollly a 11:\\ resid.:nts, This k-lll'r or abs.:nteeislII signitics my wish to add lilY "oicl' to what is hdng said un hdlalf of IIIL' and my kiloII' rcsidents of Ilannah 'vlohil~ 11(l11l~ Park, Sign~d " ,__ JI ~J.. ::;~ .-\ddr~ss-LII '1 Ha....~, ~ Lot # _t;, ~ DatL'S -- c;- 00 ~ City Ph'"lL' NlIl1lh~r or r~sidents in housdh)ld ,~ ';' LETTER OF ABSENTEEISM I. l'lan ,,1' 21.2()()h, . am a resident "I' "it~ ('ouneilmeetin!! on :\U!!USI I do. however. \\ ish 10l':\press my opinion regarding the sale 01" the entire park as oppllsed 10 takin!! only' \\'harnle eity needs I"or the Ilond control '"grl'enway'", I am in agrl'l'ml'nl \I'ilh Ihl' Plhl'r rl'sidl'nls orlhe park on Ihis issue, I alii n"t "ppose'd III making the ri\l'r safer Illl' tll<lSl' wllllli\'e hy it he'eause' it is imporlant III the' eity Ill' Rllanoke. 110\\ e\ l'r. I del Il<lt hdie\'e' that it is ~leee'ssary to disrupl the' I i\'es lll' all"l' the residents he'rl' \\hen y"u could aeeomplish1:I-fu.;a1)'1,~ gOi!l:J1y simrl~' pultinginlhe '"greenway" and dispbein!! only a few residents, ' ",.."., ..,'.... >;":"0 ,'", .. ", , ".. :" This klter ol'ahse'nteei~m signilies my \\'ish l<.> add my \'oiee 10 whal is heing said on hehal I" 01" l11e and my I"dlow residents Ill" Hannah t\lllbile Ilnl11e Park, Si!!ned..JJtefZ/7J1.q;/7M J)ateC; ~~O~ ,\ddress_JLCk?; ItAn11fth _ ,.,' !~?~'~' I,ot if __1tJ -, ' !~_~{l n (!) Jr;~ V Idj~J:;6! 0- .,' City Phone /- ...... --~ '\Jumhl'r 01" rl'sidl'nls in household" d- " LETTER OF ABSENTEEISM l. -SA vY1L5, L y "N 5 _______ , . am a rc'sicknt nj" Hannah Mobile Home Park and am unabk to attend th~ City Coun~il mc'~ting nn August 21.200(i, I do, how~v~r. wish to express my opinion regarding the sak o!" the entire park as oppnsed to taking (Jnl~' what thl' ,ity needs Il)r the !lood contn>1 "greenway", I am in agreem,1ll with the other residents o!"the park on this issue, 1 am not opposed to making the riwr sakr I',r those who live by it beG1USe it is impnrtant to th~ dty oj" Roanoke, I'hmewr, I do not bcliev~ that it is ne,~ssary to disrupt th~ lives of all ()j"the r~silknts Ill'rc' whcn you wuld a"omplish the same goal by simply putting in th~ "green way" and displacing ()nly a fcw r~sicknts, This ktter of abscnt~~ism signilies I11Y wish to add I11Y voi~~ to what is being said on l1l'hal j" oj" l11e and my Ii::llow resid~nts oj" Hannah 1\1obile 1I0l11c Park, Signed~ A. rb--,_----==------_Date_~-IC, - of... Addrcss ./ L d..1- !-I flNNJ!-I-i __CiB.c.u, Lot Ii -1-~ City ~DJV'J D I~ t ,_ U A :l. L{" ( {(' Phone NUl11b~r oj"resid~nts in household d... , ' . LETTER OF ABSENTEEISM 1.0, A I ,~, , , ~a rl?sidl?nt of I'I~I? ~[~k to alll?nd thl? City Councilml?l?ting lln August 21.20D6, I do. however. wish tOl?xprl?ss my opinion rl?garding thl? sak ofthl? entirl? park as opposl?d to laking unl~' what thl? city nl?eds li')[' thl? Illlod wntrol "grl?l?Jl\vay", I ,1111 ill agrl?cml?nt wilh thl? other residl?nts of thl? park on this issul? I am nllt llpposl?d [0 making lhe riwr safer li)r those who live hy it heeause it is impurtant to tht, city of Roanokl?, 1'lo\\'C\'Cr. I do not helil'w that it is nl?el?ssar)' to disrupt thl'li\'l?s 01':111 ofthl? rl?sidents here whl?n you l'lluld accomplish the same gllal by simply pulling in the "gn::enway" and displacing only a kw residents. This Idle'r of absenteeism signilics my wish tll add my voice to what is being said on behal I' of me and m)' fellow residents of Ilannah Mobile Homl' Park, Signed .Jf)rfYLaJ I ~L~ Addle"ss, / J 30__~cd cv, r:~ Lot It l.,tj., J2~ Dale /"-S--o r _....~-- City -' LETTER OF ABSENTEEISM I._,.,__jtt I /<1 Cr'~{Ll--..&2.~,d .am Hesidelll nf I-Iannah Mnbilc Hnml' Park'and am unable to allend the City ('ouncilmcding on August 21.200(" I dll, IHl\wVl'r. wish [ll express my opinion regarding thl' sale oflhc l'lllire park as tlpposed tnlaking only whal the city needs !()r thl' Ihllld conlrol "greenway'., I am in agrl'l'lllent with the nthcr residents oflhc park on Ihis issue, I am nnt opposcd tll making the ri\'er safer li)l' tllllsC who Ii\'e by it because it is illlporlaI1l tn the city of Roanoke, l-hlWC\W, I d" not belic\'e Ihat it is necessary t" disruPllhe li\'es of all "flhe residl'nts here when YllU Clluld accomplish the same glIal by simply putting in the "grecn\\ay" and displacing only a few residents, This Iettt'r of abselll'-'l'ism signi lies my wish to add my \'oice to what is 11l'ing said on hchalfofme and my fellow residcnts ofl-lannah Mobile Home Park, 9::t Si~ned , Al:drt'ss-- f I Ave .7 (, _ o - ~ VC? ~_.. ~ '~ Date CZ - ? - 0 ~ 1.01 it City Phont' 'lumber "f residcnts in hnusdH\ld --- ,------- ( ~ ' ',' LETTER OF ABSENTEEISM I. "JE__n n;, .\k.rn ili~ burs ,,_' am a rcsidenl of Hannah t...ll,bik Homc Park and am unabk [0 attcnd thc City Council mccting on August 21. 2(l(lfi, I do. howcver. \\ ish locxprcss my opinion rcgarding thc sak <'t' thc l'ntirc park as npp<lscd 10 taking only what thc cily n~eds I"l' thc llood cnnlrl>1 "grccn\\'ay", I am in agre~mcn1 with Ihc othcr rcsidcnts ot'1hc park <\11 this issuc. I am not opposcd 1<) making thl' riwr salcr l'lr tlllls~ \\holiw by it hCCilUSC it is imp<lrtunt tn thc city ot' Roml<,kc, l-lO\W\'l'I'. I d<'nnt nelicVv,that it is nccl'ssury to disrupt Ihc li\es ot'all ot'thc rl'sidcn\s hcrc whcn y<>u wuld accomplish thc samc g<)al by simply putting in thc "grccl1\\'ay" and displacing only a fl:w rl'sidcn1s, This kttcr OLlbsl'l1tccism signilics my \\ish to add my ",)ice to what is nl'ing said on nchalfl>f me and my kll,,,,' rcsilknts of Ilannuh tvlonik Ilomc Park, I.<,tti /), 19 72~~f2__ I --- 6~ , ~_o",J/:,d~ ~~th S m City Ph,'ne !\umber ot'rcsidclllS in hl'usdlOld ,3 , .' .' LETTER OF ABSENTEEISM lJu.Ju~ R w,-J'-<-~Q (~ c--() C'i" ';1 I.~Wl.cr\.-- 'tJ, U/W<.AMJ~ '___. am a r~silknt 01" I-Iannah ;vlllbilc Hom~ Park and am unable to allend th~ City Couneilm~~ting on August 21,20()(i, I do. h<l\wv~r. wish to express my opinion regarding th~ sale ol"the entire park as opposed 10 taking only whalthe city needs lur th~ Ilood control "greenway", I am in agr~em~nt with th~ other residents 01" lh~ park <In this issue, I am not oppos~d to making the river sal"er I"or those who live ny it because it is important hI the city of R<'anok~, Ilowev~r. I do no[ bdieve that it is necessary to disrupt the lives "fall ofthl' r~sidents here when ynu enuld accomplish th~ same goal ny simply putting in thl' --grl'l'nway" and displacing only a few rl'sid~nls, This Idter lll"absenteeism signil'ies my wish to add my \'<lie~ to what is b~ing said on nehall" ,'l" 11l~ and my I"dlow r~sidents "I" I-Iannah l\'lobik I-Iom~ Park, {;)~fbJ~~, Signed~L~~ w;ie-IJ<J ~ ;\ddr~ssJ //'6 !b-N;V!l-I-, Cd!c/'L '60 Date ~ - ]' - 0 G--:> LOll! City 't<OFrIUO Ie.--€- 5tf Phone Numbl'r 01" residents in hOlls~hnld :J-.." .. LETTER OF ABSENTEEISM L ,fln~e_/o. ,Jo_y-ne...r ,__''_. am a resident of Hannah t\ obile l'lome Pafk and amunabk to allend the Clly l'ouncilmcclIng on August 21. 2 ()()(, , I do, however. wish to cxprcss my opinion rcgarding thc sak of thc cntire park as opposcd to taking onl~' what thc city nl'cds I<)r the !lood control "grccnway", I am in agrl'cml'llI with the othcr rcsidcnts of thc park on this issuc, I am not opposed to making thc river safer I,)r thosc who live' by it hceause it is important to thc city of Roanokc, 1I0wcvcr.1 do not belicvc that it is nceessary to disrupt thl'lives of all ofthc rcsidcnts hcrl' whcn you cl\llld accomplish thc samc gllal by simply pulling inthc "grccnway" and displacing only a fcw rcsidcnts. This kllcr ofabscntccism signilics m)' wish to add m)' wicl' to vvhat is hcing said on bchal I' of ml' and mv fellow rcsidcnts of Hannah Mobik l'lomc Park, Si'"d~ J YT~ Addrcsslj/~_1Io nn<^-h ,Dr 5(J L"t if J!:J __, City ~ oJ1o )~ Date 6'-s-()~ Phonc 5~ I\umbcr of n:sidcnts in houschold 3 ;. LETTER OF ABSENTEEISM jg~ r-~ ~ I. ____ _ , , / " .9-,:, /, 1l) . am a residenl or I-Iannah Mobik onle Park and am Il(, kIll allend the City Couneilml'eling on August 21,200(" I do, however. wish to express my opinion regarding the sale or the emire park as opposl'd 1" taking only what the city needs tll[ the !lood control "greenway", I am in agreement with the other residents or the park un this issue, I am not oppused to making Ihe riwr sa reI' I,'lr those who live hy it heeause it is important to the city of Roanoke, Il<mever. I do not belil've that it is necessary to disrupt the lives or all or the rl'sidents here when you eould aee<lmplish tIll' same goal hy simply pUlling in the "greenway" and displaeing only a tCw residents. This leller or ahsenteeism signities my wish to add my voice to whal is heing said on hehalr or me ,lIld my kllow residents or Ilannah 'vlohik l'lome Park, Signed__J~Jzf~ Address -L1 i '-~ - ;;:;' }!tJ:. .v4. Phon~ Numher or residents in household --.2:l.. ~-1Jo-f2 LETTER OF ABSENTEEISM I. ~ .&!~ .', '_'____.amarl,sidentllf llannah ivlllbik I-lllmc Park [ d amunabk III attend the Clly Counellmeetlng lln August 21.2006, I (h howe\'er, wish III express my opinion regarding Ihe sak of the entire park as "pposed to taking only what the city needs Illr the tlllod wlIlrol "greell\\ay", I am in agrt:t:ment wilh the other residenls of the park on this issue, I am nllt opposed tll making the ri\w sakr Illr those \\ho li\e by it because it is important \(l the city (,I' Roanoke, Ilo\wwr, I do not bdie\'t: that it is necessary to disrupt the li\'i.'s lll',,1I ofthc residents herl' when you wuld accomplish the Saint: goal by simply pUlling in the "green way" and displacing only a tl:w residents, This kttl'r of absenteeism signilies my wish to add my \oiee tll what is bl'ing said '111 hehal I' of mt: and my kllll\\' residents or Hannah Mobile llome Park, Signe~4 _, Oatt: Address__~~~~. I.ot Ii ,c?' ;P- Cily ~~;I!/4 ~2~-* Phllllt: 5~ - Number of rl'sidents in housdlOld ;;)..... ?? --I?~~ " , ' , LETTER OF ABSENTEEISM I, r:~ J4J1C~S I~ e."JL _'N (b 0 D e c: 1<- __ _' am a r.:sicknt of Ilannah I'vlobik 1,10111': Park and am unabk to .lll.:nd th.: City Couneilm.:eting on August :!I. :!006, I do. howev.:r. wish to l'xpress my opinion r.:garding the sale of thc .:ntirc park as oppl>sc'd to taking ()nl~' what thc city n.:eds li,lI' the Ilo(ld control "greenway", I am in agrccmelll with lhe lIther residcnts of the park on this issu.:, I am not opposc'd to making the rivl'r salCr for those who live hy it because it is important to the city of Rcla11l1ke, Howe".:r, I dl> not belicv.: that it is n.:e.:ssary to disrupt th.: liv.:s of all or thc resid.:nts h.:r.: \\'hen you could acwmplish the sam.: goal by simply pUlling in the "gr.:enway" and displacing only a IC\\' rcsid.:nts, This lell.:r of absenteeism signilic's my \\'ish to add my \'(\iee to wbat is bcing said on Ix'half of m.: and my Icllo\\' rcsid.:nts of Hannah tvlohik Homc Park, Sign.:d _:1J,..6v. ", ~ - ~.JJ f'~ Dale C(, 1,-/ -_ ;; D D /... .'\ddrc'ss ,_LU .J,___Id~~Le.1/I , S' ,v,.) Lot Ii '____<(:3. City J:?,o~__l)~ ::2 lj l) I.L,... Plwne Numher of residl'nts in household I , t1...,Je..~ +ha,4 I 9 '< s- ; + I 5: J. <:... €!V\OLl1 [,.\., h . -J- ~) que. '1 O''^-. ~ V<.. e. Qll ,,\ .., i ~ I 0 I Vl 1 D () '-"- -\ ~ D VL + ~ ~ 1-\ 0 vYv e.. I (', S S) J q 'j'S D -P q II I ":> l~R"\ I_ l-=>L'\ S \.. (',lR-> vjq,,:> --.S lI\S+ 9 DIVl, +D k<::....-I--h~, + h 0, --1 W Cj S 9 D " n ~ + 0 h e... L.\ S c.. J. + h e.. 0- e ') 4 OS ~\ a Co\. 10\ ,s t q '/ ~ <:, vi.) , -+ h Q I ; I \ I ~ cJ e~ ." "\ a, u... 0 . ~ CJ V\ J. {:ILL ~O-V)} mDS-t IV) IS ~ +1, e V\ + ~ '1 + v0"bY,,)00 W t:> lILk-P D ~ b z>+ t, a.Ree. n wq, Q v, 0\ -+ ~\ e... R.' '" ~ VL.. Q V'\.. cQ u..S . Tho, v <:. ~ eel/\.. '" e VI- J -f D IlL ~ <./, 'J V<.S, ~ I' '1 C e... j q 1 '1 I \N 0..... \ c\ \ : k c.. -+ '" s ~ 'j . ".-. " , ". . , LETTER OF ABSENTEEISM I. f~_f! Hannah \'lobi k' I,tome Park and am 21,2006, . am a resident of k to attend the City Council meeting nn August I do. however, wish hI express my opinion regarding the sak or the entire park as ,'pposed 10 taking onl)' what the eity needs Il)r the tllllld co III 1'\\ I "greenway", I am in agreement with the olher residents ofthl' park ,m Ihis issue, I am not opposed to making the rivl'r safer Illr thosl' who live by il because il is important to thc city or RoanokL', Ilo\\'cVCL I d(l not believe that it is necessary to disrupt the lives orall of the residents here when you could accomplish the same goal by simply putting in the "grccnway" and displacing only a few rcsidents, This Iettcr or absenteeism signiries my wish to add my voice to what is being said on behalrormc and my rellow residc'nts llr Hannah !\'lobik Home Park, Signed (!MJrhJv; Addrcss 11 0 8 Yivn P'l../L Lot # __h8/j , ' ,'R~?, ()~,J;j,Iif!)J ~ PI1<\I1c .a... J) < Date_S- 6 - ,O~_ _tiled 817 City 'lumbc'r of residents in housdlOld ~ / LETTER OF ABSENTEEISM 1.1!~ !Iii., Hannah Mohilc l'lome Park and am un 21.200(" . am a reside11l01' ,Ie 10 allend the City Couneilmeeting on August 1 do. however. wish tl1l'xpress my opinion regarding the sale ol'the entire park as oppl1sed to taking unly what the city needs lilr the Ilood control "greenway", I am in agl'l'eml'l1t with the other residents or the park on this issue, 1 al11 not opposed to making the riv<:r sakr 1'01' those who live by it heeause it is important to the city or Roanoke, Hl1\vev<:r. I do nllt hdieV(' that it is n<:eessary to disrupt the lives or all or the residents here wh<:n Y'<'U could a<:eomplish the same goal hy simply pUlling in th<: "green way" and displacing only a kw resid<:11ls, This lellcr or absenll'l'ism signilics illY wish to add my \'oice to whal is being said on b<:hall' or 111<: and illY fellow' residents or Hannah Mobile l'h.1ll1e Park, S;g"'J~AU 71~ Do" tlu'1~?id.M( :\ddrl'ssLLa_(Jf~d d& .5u1 Mr?~ L.ot # ---.55~_,__ -R--. Phonl' _LlI..i2..AIr City c2-f/{} / C Number of rl'sidellls in household, / / ) fc/ ~ LETTER OF ABSENTEEISM \.....-' I. . am a rL'sident nr -.---. ----. ---. ..---.------. Hannah;" lohile l'lome Park and amunab!e hi allend the City Couneilmeeting nn August 21. 2 ()()(i , I LIP. however. wish hI exprcss my opininn regarding the sale Llrthe cntire park as opp"sed ((l taking only what the city needs IlH Ihe IlLlod contml "greenway", I am in agreemenl \\'ith the LlIher residents or the p~lrk nn Ihis issue, I amnnt opposed \0 making' the riyer saleI' r<'>r those who lil'e by it because it is impLlrlant tLl the city of R.'annke, Howevcr. I do not believe that it is nL'eessary to disrupt the livcs of ullor the rl'sidents here when you ~ould accomplish the samc goal by simply pUlling in the "green way" ami displa~ing only a rew rcsidents, This !elkr or absent~eism signilics my wish tn add my \'lli~e to what is being said on bchalf or me and my Iellow residents or Hannah !\'lobile l'I,'me Park, Signed~~t?y ?n ,~C~~. ___ _Datc f' - /C?_:~ ,c; Go ___ Address _/ /.!_~_bL.~ct..L ~_~~~~ (/L .;;J 'II' / '" Loti! t 7 Citv _,~a:.-n~/(L' (/c-., ___ Phone Numher or residents in household / ,,' LETTER OF ABSENTEEISM I. ..P~----,-W,,, ..,______ .amaresidelllor Ilannah l"lobiIl' 1'lol11c Park and am umbk 10 allend thc City Council mecting on August 21, 2006, I do. howc\'l'r. wish to cxprcss my opinion regarding the saIl' or the entirc park as opposcd h) taking only what the eity necds I,'lr the Ilood er'lllml '"greenway", I am in agreemcnt with thc olhl'r rcsidl'nts of the park on this issuc, I am not opposcd to making thc ri\w sarcr I,'lr thosc who live by it bl'causc it is important to thc city or Roanoke, Ilowevcr. I do not believc that it is necessary to disrupt the livcs or all of thl' rl'sidl'nts hl're whcn you Clluld accomplish the same gr'al by simply pUlling in the "'greenway" and displ,lcing only a kw residents, This kller orabselllecism signitics my wish to add my voice to what is being said on behal I' or mc and my kilo\\' rcsidents or Ilannah Mobik l'lome Park. Signed ~/ L~ r? Yl- Addrcss /' / 0 <. ,4/<::., t/) Vl.<; h.. C/'/ I,ot# yy Dale 7-~-00 L~ff City _~O='/76~<:; 1'1](lllc S" _.f. Numbl'r or residents ill housdwld ,__,~ QJ ~ o d ~ o = ~ o ~ ~ · ,.-4 U . \0 o o N bJj c: ,~ c:, c: C\$ ~ ~ u 'M v 4-l C\$ ~ 4-l C/) ~ N ~ "0 0 c: N c: Q) 0 OJJ .~ tn cr; < 0 ,~ :> >--. 0 ~ N ~ Q 8 0 cr; ~ c: Q.) Q.) 0 a; ~ ...!:: di bJ) 0 ::J ~ ..0 c: 4-l q ~ ~ 0 ~ cr; :-;:::l ~ '"'d .~ ~ Q.) u ~ 8 cr; cr; q c: cr; cr; ~ ~ cr; Q.) ~ c ~ ~ ~ 0 u ~ U ....-.4 ~ 0 cr; 0 u U U ~ ~ ,~ ~ Q.) c..? Q c..? 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