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Home My WebLink AboutCouncil Actions 11-20-06 Fitzpatrick 37610-112006 ROANOKE CITY COUNCIL REGULAR SESSION NOVEMBER 20, 2006 2:00 P.M. CITY COUNCIL CHAMBER AGENDA 1. Call to Order--RolI Call. (All Present.) 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, November 23,2006, at 7:00 p.m., and Saturday, November 25, 2006, at 4:00 p.m. Council meetings are offered with closed captioning for the hearing impaired. ANNOUNCEMENTS: THE PUBLIC IS ADVISED THAT MEMBERS OF COUNCIL RECEIVE THE CITY COUNCIL AGENDA AND RELATED COMMUNICATIONS, REPORTS, ORDINANCES AND RESOLUTIONS, ETC., ON THE 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 WILL BE REQUIRED TO CALL THE CITY CLERK'S OFFICE PRIOR TO THE MONDAY COUNCIL MEETING, OR REGISTER WITH THE STAFF ASSISTANT ATTHE ENTRANCE TO THE COUNCIL CHAMBER PRIOR TO COMMENCEMENT OF THE COUNCIL MEETING. ONCE THE COUNCIL MEETING HAS CONVENED, THERE WILL BE NO FURTHER REGISTRATION OF SPEAKERS, EXCEPT FOR PUBLIC HEARING MATTERS. 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 Charles M. Huffine, former City Engineer. Adopted Resolution No. 37610-112006. (7-0) File #367 ) Recognition of Nancy Ruth Patterson as the City of Roanoke's 2006 Citizen of the Year. Adopted Resolution No.3 7611-112006. (7-0) File #496 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. (-1 Minutes of the regular meetings of Council held on Monday, October 2,2006, recessed until Tuesday, October 10,2006, and Thursday, October 19, 2006, recessed until Tuesday, October 24, 2006. RECOMMENDED ACTION: Dispense with the reading of the minutes and approve as recorded. C-2 Minutes of the Audit Committee meeting held on Monday, August 7, 2006. RECOMMENDED ACTION: Received and filed. File #10 C-3 A communication from Mayor C. Nelson Harris requesting that Council convene in a Closed Meeting to discuss vacancies on certain authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.2-3711 (Al(I), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concurred in the request. File #110-132 C-4 A communication from Council Member Alfred T. Dowe, Jr., Chair, Personnel Committee, requesting that Council convene in a Closed Meeting to discuss the appointment of a City Clerk, pursuant to Section 2.2-371l(A)(1), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concurred in the request. File #38-132 3 C-5 A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss disposition of publicly-owned property, where discussion in open meeting would adversely affect the bargaining position or negotiating strategy of the City, pursuant to Section 2.2-3711 (A)(3), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concurred in the request. File #132 C-6 A communication from the Acting City Clerk advising of the resignation of Gregory M. Cupka as a Commissioner of the Roanoke Redevelopment and Housing Authority. RECOMMENDED ACTION: Accept the resignation and receive and file File #110-178 the communication. C-7 Qualifications of Charles R. Brown, Allen Wood and Robert R. Young for terms ending October 31, 2007; Thomas W. Ruff for a term ending October 31, 2008; and Thomas Mealey and Harold F. Wallick for terms ending October 31, 2009, as members of the Towing Advisory Board. RECOMMENDED ACTION: Received and filed. File #1 5-110-543 REGULAR AGENDA 4. PUBLIC HEARINGS: NONE. 5. PETITIONS AND COMMUNICATIONS: a. Recommendation by the Commonwealth's Attorney for appropriation of Forfeited Criminal Assets funds to continue criminal law enforcement efforts; a communication from the City Manager concurring in the recommendation; and appropriation of funds. Adopted Budget Ordinance No. 37612-112006. (7-0) File #5-60-133 6. REPORTS OF OFFICERS: a. CITY MANAGER: BRIEFINGS: . Reserve Avenue 45 minutes -I ITEMS RECOMMENDED FOR ACTION: 1. Acceptance of the Safe Havens Supervised Visitation and Safe Exchange Grant from the Department of Justice, in the amount of $350,000.00; and appropriation of funds. Adopted Resolution No. 37613-112006 and Budget Ordinance No.3 7614-112006. (7-0) File #60-72-236 2. Acceptance of the Western Virginia Workforce Development Board Workforce Investment Act funding for Program Year 2006, in the amount of $518,013.00; and appropriation of funds. Adopted Budget Ordinance No.3 7615-112006. (7-0) File #60-72-236 3. Amendment of the City Code with regard to methods and costs associated with handling illegal placement of bulk items and brush piles in the public right-of-ways. Adopted Ordinance No. 37616-112006. (7-0) File #24-144 4. Authorization to continue the services of the Eligibility Worker stationed at the Health Department; and appropriation of funds. Adopted Resolution No.3 7617-112006 and Budget Ordinance No.3 7618-112006. (7-0) File #22-60-72 5. Endorsement of two roadside landscape plans, with certain indemnity provisions; acceptance of $20,000.00 from Lamar Outdoor Advertising for landscaping work; and appropriation of funds. Adopted Resolution No.3 7619-112006 and Budget Ordinance No.3 7620-112006. (7-0) File #60-240-514 6. Appropriation and transfer of funds in connection with the Thrasher Park Stream Restoration Project. Adopted Budget Ordinance No. 37621-112006. (7-0) File #60-67 5 7. REPORTS OF COMMITTEES: a. Presentation of the proposed 2007 Legislative Program. Council Member Beverly T. Fitzpatrick, Jr., Chair. Adopted Resolution No.3 7622-112006. (7-0) File #110-137 Meeting scheduled with School Board and State Legislators on Monday, December 4 at 12:00 Noon, Room 159. b. Request of the Roanoke City School Board that Council support application for issuance of General Obligation Qualified Zone Academy Bonds (QZAB), in an aggregate principal amount not to exceed $1,097,571.00, for the Patrick Henry High School project, and schedule a public hearing to be held on Monday, December 18, 2006, at 7:00 p.m., or as soon thereafter as the matter may be heard; 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.3 7623-112006. (7-0) File #53-467 c. Request of the Roanoke City School Board for appropriation of funds to various grant programs; 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. 37624-112006. (7-0) File #60-236-467 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 Fitzpatrick inquired about the oversight of City staff with regard to issuance of assembly permits, Le., checks and balances to ensure that organizations are abiding by the guidelines imposed by the City. File #169-514 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. The following individuals appeared before Council: Mr. Christopher Moore, 505 Boxley Road, N. E. Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E. Mr. Robert Craig, 701 12th Street, S. W. 12. CITY MANAGER COMMENTS: City Manager announced that she had attended a meeting of the Virginia First Cities Coalition on November 17, 2006, in Richmond, Virginia. She noted the passage of Amendment No.3 in the Virginia Assembly whereby the City's Legislative Program was recognized. 7 CERTIFICATION OF CLOSED SESSION. (7-0) Robert K. Bengtson was reappointed as a City representative to the Roanoke Valley Resource Authority for a term ending December 31,2010. File #15-110-253 Sheri Bernath was reappointed as a City representative to the Blue Ridge Behavioral Healthcare, Board of Directors, for a term ending December 31,2010. File #15-110-315 Angela S. Penn was appointed as a member of the City Planning Commission for a term commencing January 1, 2007, and ending December 31, 2010. File#1 5-110-200 8 ROANOKE CITY COUNCIL REGULAR SESSION NOVEMBER 20, 2006 7:00 P.M. CITY COUNCIL CHAMBER AGENDA Call to Order -- Roll Call. (All Present.) The Invocation was delivered by Council Member Sherman P. Lea. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor C. Nelson Harris. Welcome. Mayor Harris. NOTICE: Meetings of Roanoke City Council are televised live on RVTV Channel 3. Tonight's Council meeting will be replayed on Channel 3 on Friday, November 23,2006, at 7:00 p.m., and Saturday, November 25, 2006, at 4:00 p.m. Council meetings are offered with closed captioning for the hearing impaired. <) A. PRESENTATIONS AND ACKNOWLEDGEMENTS: Second Annual Fire Prevention Week Art Contest - Recognition of winners. File #70 B. PUBLIC HEARINGS: 1. Request of Akzo Nobel Coatings, Inc., that Ordinance No. 36461- 081803 be repealed and that a portion of the 2800 block of Roanoke Avenue, S. W., and a portion of Burks Street, S. W., be permanently vacated, discontinued and closed. Sam N. Winkler, Health, Safety, Environmental Manager, Spokesperson. Adopted Ordinance No. 37625-112006. (7-0) File #514 2. Request of L & M Properties, LLC, to rezone a portion of property located at 728 Wertz Road, N. E., from 1-1, Light Industrial District (Conditional), to RM-l, Residential Mixed-Density District, and to repeal proffered conditions as set forth in Ordinance No. 36488- 091503. John H. Lipscomb and David A. McCray, Spokespersons. Adopted Ordinance NO.3 7626-112006. (7-0) File #51 3. Request of Trustees of Melrose Avenue Christian Church to rezone a portion of property located at 4807 Cove Road, N. W., from INPUD, Institutional Planned Unit Development District, to R-7, Residential Single-Family District to facilitate the sale and development of a portion of the subject property for single family residential use. Maryellen F. Goodlatte, Attorney. Adopted Ordinance No. 37627-112006. (7-0) File #51 4. Request of the Refugee and Immigration Services, Catholic Diocese of Richmond, a non-stock, not-for-profit corporation, for tax exempt status of property located at 3719 Melrose Avenue, N. W. Darlene L. Burcham, City Manager; and Barbara A. Smith, Regional Director, and John P. McDowell, Resettlement Coordinator, Refugee and Immigration Services, Spokespersons. Adopted Ordinance No. 37628-112006. (7-0) File #79 10 5. Request of the DePaul Family Services, a non-stock, not-for-profit Virginia corporation, for tax exempt status of property located at 4328 Pennsylvania Avenue, N. E. Darlene L. Burcham, City Manager; and David A. Pruett, CPA, Director of Finance, DePaul Family Services, Spokesperson. Adopted Ordinance No. 37629-112006. (7-0) File #79 6. (1) Approval of the issuance of general obligation bonds in an amount estimated not to exceed $4.83 million for financing capital improvements for the Patrick Henry High School. Kenneth F. Mundy, Executive Director of Fiscal Services, Spokesperson. Adopted Resolution Nos. 37630-112006 and 37631-112006. (7-0) File #467 (2) Request of the Roanoke City School Board for appropriation of $4.6 million in VPSA unsubsidized bonds to provide funding for a portion of the construction costs for the new Patrick Henry High School; and transfer of $ 700,000.00 back to the Monterey Elementary School 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. Adopted Budget Ordinance No. 37632-112006. (7-0) File #60-467 7. Proposal of the City of Roanoke to amend Chapter 36.2, Zoninq, in order to clarify, refine or change regulatory concepts. R. Brian Townsend, Director, Planning, Building and Economic Development. Adopted Ordinance No. 37633-112006. (7-0) File #24-51-200 II 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. The following persons appeared before Council: Charles Brown, Chair, Towing Advisory Board Lee Stephens, representative of the Towing Advisory Board Nathan Jones, representative of the Dog Owners Group Valerie Garner, representative of Countryside Neighborhood Alliance 12 ~~~ IN THE COUNCIL OF TIlE CITY OF ROANOKE. VIRGINIA. The. 20th day of November, 2006. No.: 37610-112006; A RESOLUTION memorializing the late Charles Mann Huffine. former City Engineer ~ - ~ for the City of Roanoke. WHEREAS, the members of Council learned with sorrow of the passing of Mr. Huffine on Tuesday. October 24, 2006; WHEREAS, Mr. HuflÏne was born February 6.1942, in Bristol. Virginia: WHEREAS. Mr. Huffine was a Vietnam veteran and a proud member of the 11th Calvary. 919th Engineering Company: WHEREAS. Mr. Huffine was a member of Cave Spring United Methodist Church; WHEREAS. Mr. Huffine served his community as president of the Roanoke Valley Breakfast Lions Club and as president of the Greater Deyerle Neighborhood Association: WHEREAS. Mr. Huffine began working for the City of Roanoke as City Engineer on February 4. 1985, the only position he served in during his career with the city. and retired June 30. 2000. THEREFORE. BE IT RESOLVED by the Council of the City of Roanoke as follows: I. City Council adopts this resolution as a means of recording its deepest regret and sorrow at the passing of Charles Mann Huffine, and extends to his family its sincerest eondolenœs. 2. The City Clerk is directed to forward an attested copy of this resolution to Mr. Huffine's widow. Barbara Call HulTine of Roanoke. Virginia. ATTEST: City Clerk ~"'~ I'" THE COUNCIL OF TilE CITY OF ROANOKE, VIRGil"IA. The 20th day of November, 2006. No. 37611-112006. A RESOLUTION naming Nancy Ruth Patterson as Roanoke's Citizen of the Year for the year 2006. WHEREAS. Ms. Patterson, an cducator and novclist for children, was born in SI. Louis. :\1issouri: WHEREAS. Ms, Patterson received both her haehelor's anù mastcr's degrecs from the University of North Carolina at Chapel Hill; WHEREAS, Ms. Pattcrson is a lifelong resident of thc City of Roanoke; WHEREAS. in 1999 Ms, Pattcrson retired after a 33-year carecr with the Roanoke City Public Schools, where shc was a teacher, yearbook advisor, forcign language supervisor, and founding Director of CITY School - a program for highly-motivated high school seniors; WHEREAS, Ms. Pattcrson was inducted into the Virginia High School Hall of Fame, which lauded her as "one of thc most sought-after writing teachers in the nation:' and she also received a Lifctimc Achievement Award from the Journalism Education Association; WHEREAS, Ms, Patterson has written four novels for children, with her most recent being The Winner'" Walk; and two of her publications. The Chris/llw,\' Clip and 1he Shiniest Rock of All, were both adapted as plays by Jere Lee Hodgin, formcr Director and Producing Artistic Dircctor for the Mill Mountain Theatrc; WHEREAS, Ms. Pattcrson is a recognized spcaker and lecturer and has spoken at more than 350 conferences and workshops. including those on thc historic ship ''The Queen Elizabeth II," at Capon Springs Resort, at the Greenbrier. and at the Homestead: WHEREAS, Ms. Patterson has contributed her time and talents to many cultural, educational and governmental organizations in the City, namely the Mill :v1ounlain Theater, lhe Arts Council of the Blue Ridge. and Roanoke City Public Schools Education Foundation; WHEREAS, Ms. Patterson continues to share her expertise as an adjunct professor for Ihe University of Virginia at the Roanoke Higher Education Center, and as a Writer in Residence with the Roanoke County Public Schools; THEREI'ORE, BE IT RESOLVED by the Council of the City of Roanoke that Nancy Ruth Patterson be named Citizen of the Year for the year.2006 in the City of Roanoke, Virginia. Attest: Acting City Clerk MINUTES OF ROANOKE CITY AUDIT COMMITTEE 1. CALL TO ORDER: August 7, 2006 The meeting of the Roanoke City Audit Committee was called to order at 1: 17 p.m. on Monday, August 7, 2006, with Chair, Sherman P. Lea, presiding. o The roll was called by Mrs. England Audit Committee Members Present: Others Present: Sherman P. Lea, Chair Mayor C. Nelson Harris Vice-Mayor David B. Trinkle Alfred T. Dowe, Jr. Beverly T. Fitzpatrick, Jr. Gwen W. Mason Brian J. Wishneff Drew Harmon, Municipal Auditor Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance James Grigsby, Acting Asst. City Manager for Operations Melinda Mayo, Acting Public Information Officer Mike Tuck, Assistant Municipal Auditor Cheryl Ramsey, Senior Auditor Geri Hayes, Senior Auditor Doris England, Administrative Assistant 2. APPROVAL OF MINUTES FROM JUNE 5, 2006, MEETING Chairman Lea asked if there were any corrections or amendments to the minutes of the June 5, 2006, Audit Committee meeting. There were none. Mr. Fitzpatrick moved and Mr. Dowe 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 REPORT: '.1-'" ...il"..-:" .j' A. Department of Human and Social Services - Business Administration Audit Committee Minutes - August 7, 2006 Page 2 Chairman Lea ordered that item A be received and filed. There were no objections to the order. Chairman Lea recognized Mr. Harmon for comments on the audit. Mr. Harmon stated the audit of Human and Social Services, which has an annual budget of more than $22 million, was an audit of the business functions of that area. He explained that in the last two years there were instances in which the city did not apply for all the reimbursements available through the State. There were no findings in this last audit, and Mr. Harmon stated it appeared the business functions were doing well. Mr. Harmon added that Ms. Burcham may have some information for the committee on the year-end reimbursements. Ms. Burcham stated she had not received anything in writing, but she understood that the non-reimbursables were under $50,000 this year, which was very good. Mr. Fitzpatrick asked what the non-reimbursables had been in past years, and Ms. Burcham replied they had been upwards of $600,000. Mr. Harmon explained it was difficult to determine the exact amount, but that was the estimate of what it would have been. Ms. Burcham stated that part of the problem is that the Virginia Department of Social Services allocates its funding in fairly equal amounts across the state. There is a point, generally after mid-year, that the Virginia Department of Social Services identifies which departments are not going to use their allocation; and it is then eligible for redistribution. Ms. Burcham stated the city missed the opportunity to request the redistribution for one year. She explained that the city does not typically get all it needs in the initial allocation, and that is why the Council will see on its agenda in Mayor June each year an appropriation of additional funds under the Comprehensive Services Act or some other activity. Ms. Burcham stated that due to a change in Human and Social Services' staffing several years ago, the city missed the opportunity for additional funding through redistribution. This was noted by the external auditors. The city was able to go back and get some additional reimbursement. Since then, the Human and Social Services department has been working very hard to keep that non-reimbursable amount down, which Ms. Burcham said she attributed to the Director and her staff. She also noted this is what the audit function is about, not a "gotcha" kind of activity but an opportunity for improvement. Ms. Burcham stated that each time the auditors have brought an issue to the attention of city administration, it has worked diligently to improve upon whatever the issue was. 4. UNFINISHED BUSINESS: None. Audit Committee Minutes - August 7, 2006 Page 3 5. NEW BUSINESS: A. Audit Committee Annual Report - June 30, 2006 Chairman Lea ordered that Item A be received and filed. He asked for any questions or comments from the committee members. There were none. 6. ADJOURNMENT Chairman Lea thanked Drew Harmon and his staff and stated he looked forward to working with the Municipal Auditing department. He then recognized Dr. David Trinkle who is Vice-Chair of the Audit Committee. There being no further business, the meeting was adjourned at 1 :24 p.m. ~A 11'-1: -... ~P- Sherman P. Lea, Chair CITY OF ROANOKE OFFICE OF THE MAYOR 215 CHURCH AVEMJE. S.W.. ROOM 452 ROA;\/OKE. VIRGINIA 24(111-15')4 "[ I ~1.I :1'] [( J.\i r: I:'.IO! K<; .\-~.~.t.I FAX. ("-1.1)1 ¡¡5~·11"'~ C. NELSON HARRIS \I..yor November 20, 2006 The Honorable Vice-Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Members of Council: This is to request a Closed Meeting to discuss vacancies on certain authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended. Sincerely, c..1(~ *.~ C. Nelson Harris Mayor CNH:snh i,~:;'X~;:"~:I,.;::,\ ".1\.__ ~;t~,,) I '-~'. -~-:::- ~ -- \"~~1,'"",::,~:: CITY OF ROANOKE CITY COUNCIL 21:" Chun:h A.\'L'nuC'. S.W. ~ol'l C. Taylor \111nil.:ir;¡ l111ilding. Rlllllll 4:,h RIJ:tlhlkl', \'irgini.l 24011-1536 Tl'kplllllll': (5...l)¡ X)~-25...1 Lix: t54!)) :0:::".1-11-1-5 C 'H::LSO'lIIARRIS \1l1yur November 20, 2006 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Harris and Members of Council: Coundll\h'mbcrs: :\lrn:âT. 1)11\\'(.'..Ir. B(,\l~r1y T. J-ïlzp:¡lrick. Jr. ShC'nnan P. Ll'a (jWl'll W. Ma..¡nn David B. lrinkk Hrian 1. Wi....hndf This is to request a Closed Meeting to discuss the appointment of a City Clerk, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended. With kindest regards, I am A TDJr:snh ~.~-- - -.--... é".':;";~~");'\~:;\J I;.:.. -è.*;!" ~ '. ~r»~~. "'.t.."""¡"" . ~. \:/').". I ,:t..:'/ '.:.I'}Y;'II\~-'· ...- '---,:,---' CITY OF ROANOKE OFFICE OF THE CITY MANAGER l\oel C. Tilylor ¡>';lunicipall3uilding 215 Church A\'t~ntle, S.\V., Rlllll11 364 Roanoke, Virginia 24011-1 ~YI T,-'kï.~lwnt.: (:'·11)) S:-:;-.::':;'-: F,IX: t5·ln.) t6.Y-1 J.3~ Ci:y \\'d'. \~·\\'\\·.r",1110kl'\ ,1.~I'\· November 20, 2006 The Honorable Mayor and Members of City Council Roanoke, Virginia Subject: Request for closed meeting Dear Mayor Harris and Council Members: This is to request that City Council convene a closed meeting to discuss the disposition of publicly-owned property, where discussion in open meeting would adversely affect the bargaining position or negotiating strategy ofthe public body, pursuant to §2 .2-3 711 .A.3, Code of Virginia (1950), as amended. Sincerely, ~ Darlene L. B ~r¡cham City Manager" DLB/f c: William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Stephanie M. Moon, Acting City Clerk CITY OF ROANOKE OFFICE OF THE MAYOR 215 CHl.'RCli AVENUE. S.\V.. ROO\1452 ROA!\OKE. vIRGINIA 24U¡¡-¡5~4 ""F.LEPll()I\I:: r54l)! l)~.ì-.ò"¡·:·1 I"..l".\: 15-1-(1) 8.'i:l- i l·~~ Co NELSON HARRIS J\.1.tyclr November 22, 2006 File#110-178 Mr. Gregory M. Cupka 1839 Arlington Road, S. W Roanoke, Virginia 24015 Dear Mr. Cupka: Your resignation as a Commissioner of the Roanoke Redevelopment and Housing Authority, was before the Council of the City of Roanoke at a regular meeting which was held on Monday, November 20, 2006. On behalf of the Members of Roanoke City Council, I would like to express appreciation for your service to the City of Roanoke as a Commissioner of the Roanoke Redevelopment and Housing Authority from May 3, 2004 to November 20, 2006. Please find enclosed a Certificate of Appreciation and an aerial view photograph of the Roanoke Valley in recognition of your service. With kindest regards, I am Sincerely, ~ C. Nelson Harris Mayor CNH:SMM:ew Enclosure pc: Ellis Henry, Executive Director, Roanoke Redevelopment and Housing Authority, P. O. Box 6459, Roanoke, Virginia 24017-0359 Sue Marie Worline, Secretary, Board of Commissiers, Roanoke Redevelopment and Housing Authority, P. O. Box 6459, Roanoke, Virginia 24017-0359 z o - E-< -< ...... u ~ ~ 0... 0... -< µ"., o w.¡ r-- <:( u ...... ~ ...... E-< ~ w.¡ u o f-< C r.Ll ;-. ;z ~ [/] ;¡,; ,...; ~ 0.., ~ ~ =- ;:¡ u . ~ >- ~ o C-' ~ ~ C-' ç Ë3 :r: f-< :J « ~o :r:~ f-<CFJ ~:;,:¡ g oQC!;fí ~ - 0 . Z~ 0 "~ ~ . Z l'"'ì......... Q«>-o::Ii CFJf-<<(:!l ~Z::E:>: ~~ ¡¡j ¿~~> 000::0 u,..J¡¡"z «~ f2 CFJ~ «0 ~ IX ~ ::.: o z « o 0:: >-; ~ ;S - .~ g (', « ¡¡,. ~L.:..:l v,/ >õ o::z ~« CFJo UN -- ~ r~ ~Õ :J. c...('" O~ 7: ',", -~ 0- Z¡:: «0 f-< CFJf-< f-<O :J¡:J 00:: ¡:J ¡¡"O Oz 7:¡:J 00:: ¡:: - Z o o U ~ IX 2: 0:: ~ ~ :>: ~ > o z ¡¡,. o >-0 « o o Z r' (', u:: - :r: f-< Z o ¡:..: (/) '" I-- I-- < c '" ;::: ~ "- "- < ", ~ O~ 0"-' ........ ,C-";' ~ ~L.:.J;"" Z;:: <0:; ;::~ ¡;¡;-: t::-:: " - ~J I) CITY OF ROANOKE OFFICE OF' THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011·1536 TelephoDe: (540) 853·2541 Fa:r;.: (540) 8SJ.JJ4S E-mail: derk@roanoke..a.gov STEPHANIE :1'1. MOO:", CMC Acting Ciry Clerk SHEILA l'li. HART~tAN A~!ilst1lnr Ciry Clerk November 20, 2006 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Harris and Members of Council: This is to advise you that Gregory M. Cupka has tendered his resignation as a Commissioner of the Roanoke Redevelopment and Housing Authority, effective immediately. Sincerely, ~~ rn. h¡DÓYV Stephanie M. Moon, CMC Acting City Clerk - CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Chureh Awnue. S. Woo Room 456 {nanokl'. Virginia 241111-1536 Tell'phone: (5401853-2541 F~IX: 15-10,853-1145 E-nmil: c1erk@roanokem.gm" SHEILA K HARDIAI\ Assistant Cit)' Clerk STEI'IIA:<n; M. MOO". CMC .-\(·lin~ ("it)" Clerk November 21, 2006 File #1 5-110-543 Charles R. Brown, Chair Towing Advisory Board 841 Tremont Road Salem, Virginia 24153 Dear Mr. Brown: This is to advise you of the qualifications of Charles R. Brown, Allen Wood and Robert R. Young for terms ending October 31, 2007; Thomas W. Ruff for a term ending October 31, 2008; and Thomas Mealey and Harold F. Wallick for terms ending October 31 , 2009, as members of the Towing Advisory Board. Sincerely, , m. ~ðlhV Stephanie M. Moon, CMC Acting City Clerk SMM:ew pc: Timothy R. Spencer, Assistant City Attorney Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Charles R. Brown, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Towing Advisory Board, for a term ending October 31,2007, according to the best of my ability (So help me God). ~- /? ~~--- Subscribed and sworn to before me this k. day of JJo¡) 2006. BRENDA S. HAMILTON, CLERK B(~CøwJ , DEPUTY CLERK Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Allen Wood, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Towing Advisory Board, for a term ending October 31,2007, according to the best of my ability (So help me God). ~Ira Subscribed and sworn to before me this 2!... day of ~d.,11Ø 2006. BRENDA S. HAMILTON, CLERK BY ~(?¿ ,#( /d~ , DEPUTY CLERK '. .."" Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke. to-wit: I, Robert R. Young, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Towing Advisory Board;J9~a term ending October 31,2007, according to the best of my ability (So help me God). / / 7 / ; l Subscribed and sworn to before me this ~day of ~ 2006. BRENDA S. HAMILTON, CLERK BY ~4 ~ ~~DEPUTYCLERK Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Thomas W. Ruff, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Towing Advisory Board, for a term ending October 31,2008, according to the best of my ability (So help me God). c...--~'\ '--"":,~ Subscribed and sworn to before me this t ~y of ;tI 0 V· 2006. " BRENDA S. HAMILTON, CLERK BY , DEPUTY CLERK Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Thomas Mealey, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a memberof the Towing Advisory Board, for a term ending October 31,2009, according to the best of my ability (So help me God). . 0___"_..-. ~ Subscribed and sworn to before me this L day of Áki/ 2006. BRENDA S. HAMILTON, CLERK B¿;t_/-' zt¥~ , DEPUTY CLERK Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Harold F. Wallick, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Towing Advisory Board, for a term ending October 31,2009, according to the best of my ability (So help me God). ~'/4t/'~ . z-) YJ_ Subscribed and sworn to before me this ~ day of ~ 2006. v ,DEPUTY CLERK <P~ '" .~ ' CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Aveflue. S. W., Roolll 45fi R""fl()ke. Virginia 24011-15J6 Telt'phun~': (5-1-01 S53-2541 fa.\: (5·11)) 8)~-] J:\5 E-mail: clcrkl§'w3.noke\':l.go\' SIIEILA:'\l HART~1~\l\' :\~sblallt Cily Clelk STEPHA!\"IE M. MOO;.J, CMe ;\..:olin!; City C1elk November 21,2006 File #5-60-1 33 Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Budget Ordinance No. 37612-112006 appropriating funds from the Commonwealth of Virginia for the Forfeited Criminal Assets Grant, 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, November 20, 2006, and is in full force and effect upon it passage. Sincerely, ~ tn. h](fM/ Stephanie M. Moon, CMC Acting City Clerk SMM:ew Attachment pc: The Honorable Donald S. Caldwell, Commonwealth's Attorney Darlene L. Burcham, City Manager Sherman M. Stovall, Director, Office of Management and Budget A. L. Gaskins, Chief of Police t>--~> IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of November, 2006. No. 37612-112006. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Forfeited Criminal Assets Grant, 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 Telephone - Cellular' Administrative Supplies Expendable Equipment < $5000 Training and Development DOT Capital Billings Revenues Forfeited Criminal Assets Grant Forfeited Criminal Assets Interest 35-150-5140-2021 35-150-5140-2030 35-150-5140-2035 35-150-5140-2044 35-150-5140-7007 $ 4,000 4,499 6,911 5,443 6,500 35-150-5140-7107 35-150-5140-7275 22,567 4,786 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST" ~ 6..1~h1. Mc.l<1Y-- (À~ City Clerk. ¡-)()N.'\l.n~. CAlP\VI:1 L I ,·),\·,\I.I'-:\Vh\L 1 H'~ ATTnRNlY Ar.i:A C,',: lr. ;'41.11 r.l.. .,\;,). H:;.~ :!.I'}(' F·\·~ nSJ-12(1l CITY O¡.: ROANOKE (.>1-1"1<':1- nr '11 [ C:O'\'1MO,'\J\NCAI TI rs ATTOR......I·Y '\1.-; CHURClI AVCNUE RO;\.'O"'-' VIRCI.'·l/\ ~~·101b November 20, 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: Cash Assets Forfeited to the Roanoke Commonwealth Attorney's Office In an effort to better fund law enforcement efforts to fight crime, particularly drug crime, in 1986, the Federal government adopted a system of asset forfeiture whereby forfeited assets, under certain conditions, could be returned to local law enforcement agencies, police and prosecutors, for use in their fight against crime. In July, 1991, the Virginia asset forfeiture statute, which generally is patterned after the Federal statute, took effect, providing that forfeited criminal assets may be returned to local police and prosecutors for use in the fight against crime. . Periodically, assets seized as evidence are ordered forfeited by the local courts to the police or the Office of the Commonwealth's Attorney to be used for criminal law enforcement efforts. In August, 1991, a grant fund account for cash assets forfeited to the Office of the Commonwealth's Attorney was established with an appropriation of 525,000. Considerations: Since August, 1991. the Office of the Commonwealth's Attorney has expended the 525,000 originally appropriated, and periodically receives additional funds from the state's asset sharing program. Grant requirements include that these funds be placed in an interest bearing account and the interest earned be used in accordance with program guidelines. The initial revenue estimate has been revised several times to reflect the additional funds received. Revenues collected through September 30, 2006, for this grant are 5233,821. The interest on this account collected through September 30, 2006, is $23,684. Funding received in excess of the current revenue estimate totals $27,353, and needs to be appropriated. Honorable Mayor and Members of Council November 20, 2006 Page 2 Funding needs to be appropriated before it can be expended for law enforcement. Recommended Action(s): Adopt the accompanying budget ordinance to increase the revenue estimates for Forfeited Criminal Assets (35-150-5140-7107) and Forfeited Criminal Assets Interest (035-150-5140-7275) in the amounts of $22,567 and $4786 respectively, and appropriate funding to the Forfeited Criminal Assets accounts (35-150-5140) in the Grant Fund as listed in Attachment 1. ë))Qbstted' Donald S. Caldwell ~ Roanoke City Commonwealth Attorney DSC:sj Attachment c: Stephanie M. Moon, Acting City Clerk William M. Hackworth, City Attorney Jesse A Hall, Director of Finance Darlene L. Burcham, City Manager Attachment 1 2030 Administcative SGpplies 2035 2044 Expendable Equipment Training & Develop~erlt 9005 Furni~ure and Equipment 2021 Telephone-Cellular TOTAL $4,~99 $6,911 $5,443 $6,500 $4,000 $27,353 ',,' CITY OF ROANOKE OFFICE OF THE CITY MAN ACER Nll(·l C. " .1.\'lor \t1uniripal Building 2 I.:=; Churrh !\\'l.:I1Ut', S.\V.. ROll1ll 3t)4 Ro.moh.e, Virgini.-¡ 2..W 11-1 ::;~J} Tl'kl'ìh'II": 1:;111) 1"-::;1.~\""1 1",1.\: f::;"l!¡ s:;:~_] 1.11" Li~.\· \\"vl~: \\·\\"\\".r,l"llh'~ l'\ ,1..1.:,1'\ November 20, 2006 Honorable C. Nelson Harris, Mayor Honorable Beverly T. Fitzpatrick, Jr., Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Alfred T. Dowe, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Brenda L. McDaniel, Council Member Honorable Brian J. Wish neff, Council Member Dear Mayor Harris and Members of City Council: Subject: Cash Assets Forfeited to the Roanoke Commonwealth Attorney's Office C006-0007 I concur with the recommendation from Donald S. Caldwell, Commonwealth Attorney, for the City of Roanoke, with respect to the subject reference above and recommend that City Council adopt the budget ordinance to increase revenue estimates for Forfeited Criminal Assts (035-150-5140-7107) and Forfeited Criminal Interest (035-150-5140-7275) in the amount of $22,567 and $4,786 respectively. Also appropriate funding to the Forfeited Criminal Assts accounts in the Grant Fund. Sincerely, ckL- Darlene L. Bu~ ham City Manager DLB:sm c: Stephanie M. Moon, Acting City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance CITY OF ROANOKE OFFICE OF THE CITY MANAGER :-.Joel C Taylor Municipal Building 2]5 Church Avenue, S.W., Room 364 Roanoke, Virginia 24(H 1-1.591 Tell..'phont.·: (5-10) 0853-2333 Fa....: ('1-1-0', ~:;J-] 138 City \\\'1': \\·\\·w.r\I<l]1\I¡"'~·\·.l.gl'\" November 20, 2006 Honorable C. Nelson Harris, Mayor and Members of City Council Roanoke, VA Dear Mayor Harris and Members of Council: Subject: Reserve Avenue Briefing This is to request space on Council's agenda for a 45 minute presentation of the above referenced subject. ." """"V '"~ Darlene L. Burlh'::n~ City Manager DLB:sm c: City Clerk City Attorney Director of Finance - If.if-' ., loll,:: ''k~ '. ~l.oY$ - CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue. S. \V.. Room 456 Roanoke. Virginia 24UII-1536 n'lcphOlll'" (540) 8532541 Fax: (540) 853-1145 E-Illail: clerk @'rmml~kc\ ;.l.gLl\' SHEILA~. HART~J..\~ A$sislanl City Clerk STEPIIA:-JIE M. MOON. C~IC' ACllllg City Ckrk November 22, 2006 File #58-1 84-202 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution NO.3 7613-112006 authorizing acceptance of the Safe Haven: Supervised Visitation and Safe Exchange Grant Program from the Department of Justice, in the amount of $350,000.00, for a two year period, to improve the variety and accessibility of supervised visitation and exchange services for victims of domestic violence, sexual assault, and stalking and their children; and authorizing execution of the necessary documents. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting, which was held on Monday, November 20, 2006. Sincerely, . 1n. lYJ~ Stephanie M. Moon, CMC Acting City Clerk SMM:ew Attachment pc: Jesse A. Hall, Director of Finance R. Brian Townsend, Acting Assistant City Manager for Community Development Sherman M. Stovall, Director, Management and Budget Jane R. Conlin, Director of Human Services/Social Services Carol Tuning, Human Services Coordinator pile TN THE COl.:NClL FOR THE CITY OF RO;\]',OKE, VUZGj\[IA, The 20th day of November, 2006. No. 37613-112006. A RESOLl.nTON 3uthorizing acceptance of the Safe Haven: Sup~rvjsed Visitation and Safe Exchange Gralltl'rogram from the Department ofJustice, in the amoullt ofS350,OOO [or a t\Vo year period, to improvc thc variety ami accessibility of supervis~d visila(ion and exchange services for victims of domestic violence. sexual assault, and stalking and th~ir children: and authorizing the execution of the necessary documents. BE IT RESOLVED hy the Council onhe City ofRoanokc that: 1. The City ofR03nokc hereby accepts the Safe Haven: Snpervised Visitation and Safe Exchange Grant Program from the Department orJustice, in the amonnt of$350,000 fur a two year period, to improve the variety :illll accessibility ofsuperviscd visitation and exchange s"rvices for victims of domestic violence, sexual assault, and stalking and their children, as Illllre partieularly set forth in the ~O\'ember 20, 2006, letter of the City Manager to this COllneil. 1 The City Manager is hereby authoriz.ed to execute any and all requisite documents, upon I,mn approvèd by the City Attol11ey. and to furnish such additional infol111ation as may be required in connection with the City's acceptance of this grant. ATTEST: ., ~rn. ~C1tW " Stephanie M. .\1oon, CMC Actin!! Citv Clerk. ~ " K.WJ:SOLt.:7[t!N\R-~;.'\r::.II.'\VE.~{:=;_ ~l.1I>[·I{\ :S1-.I.' \'lsr:ATJlJN A:-.lD SAFE 1.:XCl~r·:(jE UkAXT PIH'"lGRAM ~ l~Oi:(· ~lrJ(' ..(;~. to., . CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 ChUfl'h A venue. S. IV.. Room ,/5(l Roanoke. Virginia 24nll-IS3h Tl'kphl1nl': (541.1) g53-~:'i:I] ¡':;l.'l.: 1:'i,10) R5.'-1 H5 E-mail: ..::1..::lkt..i¡..III.:Lll\lke\"<I.~t.\· SHEIL\ 'I. HARTM.'N Assi:.lalll City Ckrk STEI'HA:'IIE H \1001\. nIl' :\l:ling CIty Clerk November 21, 2006 File #58-1 84-202 Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Budget Ordinance No. 37614-112006 appropriating funds from the federal government for the Safe Havens Supervised Visitation and Safe Exchange Grant, 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, November 20, 2006, and is in full force and effect upon its passage. Sincerely, rn. ~~ Stephanie M. Moon, CMC Acting City Clerk SMM:ew Attachment pc: Darlene L. Burcham, City Manager R. Brian Townsend, Acting Assistant City Manager for Community Development Sherman M. Stovall, Director, Management and Budget Jane R. Conlin, Director, Human Services/Social Services Carol Tuning, Human Services Coordinator ~~~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of November, 2006. No. 37614-112006. AN ORDINANCE to appropriate funding from the federal government for the Safe Havens Supervised Visitation and Safe Exchange Grant, 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 Fees for Professional Services Revenues Safe Havens Visitation & Exchange FY07 35-630-5005-2010 $ 350,000 35-630-5005-5005 350,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: . hì. hJ6UvV City Clerk. CITY OF ROANOKE OFFICE OF THE CITY MANAGER N(\e] C. Taylor Municipal Building 21., Church Avenue, S.\V., RlH\m 36-t. {oan('\ke, Virgini.\ 2·:l011-1::;~1l I"I'ivl'lhllll'; I:; Hl) :;;r:d_~:~Y"i I ,l': (;-1-11) 1~::;.1-1 J:\~ City \\','h: \\"\n\·.nl,1:1'lkt·\·.1.~\I\· November 20, 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: Acceptance of Office on Violence Against Women -- Safe Havens: Supervised Visitation and Safe Exchange Grant Prog ram Background: In January, 2006, the City of Roanoke Department of Human Services and Total Action Against Poverty in Roanoke Valley, Inc., (TAP) filed ajoint application with the Department of Justice, Office on Violence Against Women Grant Program to be administered through the City of Roanoke. The Safe Haven: Supervised Visitation and Safe Exchange Grant Program (Supervised Visitation) was authorized as a two-year pilot program under the Violence Against Women Act of 2000 to increase supervised visitation and exchange options for families with a history of domestic violence, child abuse, sexual assault or stalking. The program was reauthorized in 2006 with the passage of the Violence Against Women Act of 2006. In September, 2006, the City received notification that the application was approved for funding in the amount of $350,000. This award will allow the City of Roanoke to improve the variety and accessibility of supervised visitation and exchange services for victims of domestic violence, sexual assault, and stalking and their children. It also provides the opportunity for recipients to develop and strengthen effective responses to violence against women. Considerations: The approved amount of the Supervised Visitation Grant must be expended during the period August 1, 2006, to July 31, 2008. Recommended Actions: Adopt a resolution accepting Grant Funding from the Department of Justice, Office on Violence Against Women Grant Number 2006-CW-AX-0016., and authorizing the City Manager to execute the grant agreement along with any related documents. Adopt the accompanying budget ordinance to establish a revenue estimate in the amount of $3 50,000 and to appropriate funding in the same amount to expenditure accounts to be established by the Director of Finance in the Grant Fund. Authorize the City Manager to enter into a sub-grant Agreement with Total Action Against Poverty in Roanoke Valley, Inc., similar in form and content to the draft attached to this report. Respectfully submitted, ~ Darlene L. Bur City Manager DLB:cwt Attachment c: Stephanie M. Moon, Acting City Clerk David Collins, Assistant City Attorney Jesse A. Hall, Director of Finance Brian Townsend, Acting Assistant City Manager Jane Conlin, Director, Human/Social Services Carol Tuning, Human Services Coordinator CM06-00193 AGREEMENT This Agreement is made and entered into this ____ day of 2006, by and between the City of Roanoke, Virginia ( a municipal corporation organized under the laws of the Commonwealth of Virginia) ("City") and Total Action Against Poverty in the Roanoke Valley, Inc. ("TAP"), WITNESSETH: WHEREAS, in September 2006, the City and TAP were awarded a grant from The Safe Havens Supervised Visitation and Safe Exchange Grant Program ("Grant")" from the United States Department of Justice, Office on Violence Against Women, WHEREAS, the Grant requires its funding to be administered through the City. WHEREAS, the purpose of the Grant is to increase supervised visitation and exchange options for families with a history of domestic violence, child abuse, sexual assault or stalking, WHEREAS, the Grant will allow the City, in collaboration with TAP, to improve the variety and accessibility of supervised visitation and exchange services for victims of domestic violence, sexual assault, and stalking and their children and to provide the opportunity for Grant recipients to develop and strengthen effective responses to violence against women, and WHEREAS, the City has been authorized by its City Council pursuant to Resolution No. adopted , to accept the Grant and to appropriate $350,000 for TAP to provide services in connection with the Grant. NOW, THEREFORE, in consideration of the covenants and conditions contained herein, the parties hereto mutually agree as follows: 1. SCOPE OF SERVICES: TAP acknowledges and agrees that in addition to meeting all goals and objectives as outlined in the project proposal, attached to this Agreement as Exhibit A and incorporated herein, TAP shall: a) Provide co-leadership with the City of Roanoke for the administration and management of the program. . b) Provide direct program management and supervisory oversight of ongoing operation of the program. c) Provide fiscal, service and program utilization data to City of Roanoke as . needed for fiscal and programmatic accountability. d) Provide and accept referrals, case information, ongoing case developments and confidentiality agreements as necessary for program operation. e) Promote program availability and services throughout the human service, legal, health and educational communities, and spearhead public education campaigns through media contacts. f) Promote, participate and allend partner activities, including case staffing meetings, fiscal management, program services and other training opportunities as available. g) Provide supplementary referrals and facilitate parent's participation in TAP's wide array of supplementary services, particularly emphasizing the Women's Resource Center's complete array of victim advocacy services and resources, but also including additional powerful allies such as the Transitional Living Center's supportive casework and housing, This Valley Works education and job placement programs, Families First case management and support, the supportive casework available through our Healthy Parents/Healthy Families program, Housing and Community Development programs, and many others. 2. PERIOD OF PERFORMANCE The term of this Agreement shall be for the period August 1 ,2006 through July 31, 2008. 3. BUDGET The total amount of funds to be provided by the City to TAP shall not exceed $350,000. Only those categories as approved in the Grant referenced as 2006- CW-AX-0016, allached to this Agreement as Exhibit B and incorporated herein, shall be reimbursed to TAP by City. 4. PAYMENT SCHEDULE AND PROCEDURES On a quarterly basis, the City will pay TAP subject to the terms of this Agreement for the services provided. Quarterly payments will each be made subject to the terms of this Agreement within thirty (30) days of receipt of the payment request. Requests for payment from TAP must be accompanied by the approved performance report, allached as Exhibit C, Objectives and Quarterly Outcomes, completed for each appropriate reporting quarter. Documentation regarding participant eligibility, program activities, and quantified outcomes will be maintained at the offices of each of the TAP programs included herein, and shall be available for inspection and review at the City's convenience. Payment requests, reports 'and other information must be submilled to Carol Tuning, Human Services 'Coordinator, for initial review. TAP shall submit requests, reports, and other information in accordance with guidelines as established in the grant award notification. Approval for payment will be made by the City's Director of Human/Social Services with the assistance of other City Departments. If in the opinion of the City's Director of Human/Social Services, all performance measures as set forth in Exhibit C are being met and all the information and reports submitted by TAP meet with the approval of the City's Director of Human/Social Services, payment for all quarters except the first quarter will be made to TAP within 30 working days from the date the City receives the payment request. The City reserves the right to refuse payment to TAP in the event that the Director of Human/Social Services is not satisfied that TAP has met the performance measures or provided the appropriate information or reports as set forth in Exhibit C. The City reserves the right to refuse payment to TAP in the event that TAP submits the request for payment after 90 calendar days from June 30, 2008, the contract expiration date. 5. INDEMNIFICATION: TAP shall indemnify and hold harmless the City, its officers, agents, consultants and employees, against any and all loss, cost. or expense, including reasonable attorney's fees and costs of defense, resulting from any claim, whether or not reduced to a judgment, and for any liability of any nature whatsoever, that may arise out of or result from TAP's intentional or negligent acts or omissions in providing the services under this Agreement, including without limitation, fines and penalties, violation of federal, state or local laws, or regulations promulgated thereunder, personal injury, wrongful death or property damage claims or any third party contracts that TAP may enter into in the performance of this Agreement. 6. COMPLIANCE WITH LAWS. RULES AND REGULATIONS: TAP agrees to abide by and comply with all applicable federal, state and local laws, rules and regulations relating to specific programs performed hereunder. The City reserves the right to withhold payment if TAP fails to comply with the terms and procedures outlined in this agreement. 7. RECORDS AND REPORTS TAP shall maintain full and accurate records with respect to all matters covered under this Agreement. All records pertaining to this Agreement and the services performed pursuant to it, shall be retained for a period of three (3) years after the expiration date of the Agreement or its amendments. Appropriate City personnel shall have free and open access to those records during the term of the Agreement and the following three-year time period. 8. CLIENT DATA TAP. shall maintain client data as outlined in the program guidelines, demonstrating client eligibility for services provided. Such data shall include but not be limited to, client name, address, income level or other basis for determining eligibility, and description of services provided. Unless otherwise provided by applicable federal, state or local law, such information shall be made available to the Director of Human Services or her designee for review upon request. 9. NON-DISCRIMINATION: During the performance of this agreement, TAP agrees to not discriminate against any client, applicant for service, subcontractor, employee, or applicant for employment because of race, religion, color, sex. or national origin. TAP agrees to post in conspicuous places, notice of setting forth the provisions of this non- discrimination clause. TAP, in all solicitations or advertisements for employees placed by or on behalf of TAP, will state that TAP is an equal opportunity employer. 10. RELIGIOUS AND POLITICAL ACTIVITIES TAP agrees that the funds provided under this Agreement will not be utilized for religious activities, to promote religious interests, or for the benefit of a religious organization in accordance with the federal regulations specified in 24 CFR 570.2000). TAP agrees that no funds provided pursuant to this Agreement shall be used to pay, lend, or to allow anything of value to be contributed to a party, committee, organization, agency, or person for political purposes. TAP further agrees that no funds provided pursuant to this Agreement shall be used directly or indirectly to coerce, attempt to coerce, command or advise any person, party, committee, organization, or agency to pay, lend, or contribute anything of value to a party, committee, organization, agency or person for political purposes. 11. FORMAL PROCESS FOR TERMINATION OF SERVICES; If it is necessary for TAP to terminate service to any individual or family because such individual or family violates program requirements, TAP may terminate assistance in accordance with a formal process established by TAP, and satisfactory to the City, that recognizes the rights of the individuals affected. This process may include a hearing. 12. CONFIDENTIALITY OF CLIENTS TAP acknowledges and agrees that it will establish procedures satisfactory to the City which ensure the confidentiality of clients and client data as required by federal, state and local laws, policies and procedures. 13. SUSPENSION AND TERMINATION: This Agreement may be terminated or suspended for any reason by the City or TAP upon thirty (30) days written notification to the other party, setting forth the reasons for such termination, the effective date, and in the case of partial . termination, the portion to be terminated. No payment will be made for services . provided or expenses incurred after TAP's receipt of notice of termination, except those expenses incurred prior to the date of notice that are necessary to curtailment of operations under this Agreement. In the event that sufficient funds are not appropriated by the local, state or federal government, at the sole discretion of the City, this agreement may be terminated in whole or in part by City. 14. REVERSION OF ASSETS Upon expiration of this Agreement, or amendments thereto, TAP shall transfer to the City any funds or program income on hand at the time of expiration and any accounts receivable attributable to the use of funds provided by the City. "Program income" means gross income received by TAP directly generated by the use of City funds. 15. ANNUAL AUDIT AND MONITORING: TAP shall provide for an annual independent audit of all expenditures incurred in providing the services pursuant to this Agreement. Copies of said audit report shall be furnished to the City's Director of Human/Social Services and Director of Finance within thirty (30) days of completion of the audit, no later than eight month following the year-end. 16. THIRD PARTY CONTRACTS: TAP acknowledges and agrees that if it contracts with a third party in the provision of services under this Agreement. it shall not obligate City in many towards such third party and in the event such third party brings any claim against City arising out of such contract, TAP shall indemnify and Hold harmless City against such claim as further provided by this Agreement. 17. NOTICES: Any notices required by the terms of this Agreement shall be deemed to have been given when delivered in person to or deposited in the U.S. mail, postage pre-paid, registered or certified, return receipt requested, and addressed to: (a) If to the City: City of Roanoke Municipal Building 215 Church Avenue, SW. Roanoke, Virginia 24011 (b) If to TAP: Roanoke, Virginia or at any such other address as each party may designate for itself by notice given in accordance with this Section. 18. ENTIRE AGREEMENT: This Agreement, including all of its attachments, represents the entire Agreement between the parties, and this Agreement shall not be modified, amended, altered or changed, except by written Agreement executed by the parties. 19. GOVERNING LAW: This Agreement shall be governed by laws of the Commonwealth of Virginia and both parties sl!bmit themselves to a court of competent jurisdiction in the City of Roanoke, Virginia. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year hereinabove written: ATTEST: CITY OF ROANOKE: By _.__. Stephanie Moon, Acting City Clerk By Darlene L. Burcham, City Manager TOTAL POVERTY VALLEY: ACTION IN THE AGAINST ROANOKE By . Theodore J. Edlich, III, President I) .~~ '. -ill/æ . CITY OF ROANOKE OFFICE OF THE CITY CLERK 21:; ChurL'll Avenue. S. \V.. Rtltlnl 456 Rtlanoke. Virginin 24{H 1-1536 Tdcphone: (540) 853-25.11 Fax: (5~1O) 85:~-] 1-1-5 . F.-nmil: rlerk@loam,kc=\"a.gov SIIEILA N. IlARDI"" A~si:;l;mt City Clerk STEPIIA:-.lIE M. ;"IOOl\'. G\:IC AL:ling City Clerk November 22, 2006 File #60-72-236 Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Budget Ordinance No. 37615-112006 appropriating additional funds from the Commonwealth of Virginia for the FY07 Workforce Investment Act Grant, and amending and reordaining certain sections of the 2006-2007 Grant Fund Appropriations. The above referenced measure was adopted by the Council of the City of Roanoke at a regular meeting, which was held on Monday, November 20, 2006, and is in full force and effect upon its passage. Sincerely, f'h. J'YjD~ Stephanie M. Moon, CMC Acting City Clerk SMM:ew Attachment pc: Darlene L. Burcham, City Manager R. Brian Townsend, Acting Assistant City Manager for Community Development Sherman M. Stovall, Director, Management and Budget Jane R. Conlin, Director, Human Services/Social Services y.,~ ~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of November, 2006. No. 37615-112006. . AN ORDINANCE to appropriate additional funding from the Commonwealth of Virginia for the FY07 Workforce Investment Act Grant, 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 Administrative - Regular Employee Wages Administrative - Part-time Wages Administrative - City Retirement Administrative - FICA Administrative - Medical InsUrance Administrative - Dental Insurance Administrative - Life Insurance Administrative - Disability Insurance Administrative - Dues & Subscriptions Administrative - Training & Development Administrative - Food Administrative - Equipment Rental Administrative - Other Rental Administrative - Travel Administrative - Supplies Administrative - Insurance Administrative - Contract Services Administrative - Leases Administrative - Telephone Adult - Regular Employee Wages Adult - City Retirement Adult - FICA Adult - Medical Insurance Adult - Dental Insurance 35-633-2330-1002 35-633-2330-1004 35-633-2330-1105 35-633-2330-1120 35-633-2330-1125 35-633-2330-1126 35-633-2330-1130 35-633-2330-1131 35-633-2330-2042 35-633-2330-2044 35-633-2330-2060 35-633-2330-3070 35-633-2330-3075 35-633-2330-8052 35-633-2330-8055 35-633-2330-8056 35-633-2330-8057 35-633-2330-8058 35-633-2330-8090 35-633-2331-1002 35-633-2331-1105 35-633-2331-1120 35-633-2331-1125 35~633-2331-1126 $ 24,160 5,565 5,837 2,274 2,664 206 528 35 110 574 321 762 160 2,393 760 1,050 2,207 1,665 530 3,270 381 250 251 23 Adult - Life Insurance Adult - Disability Insurance Adult - Training & Development Adult - Leases Adult - Supplies Adult - Contractual Services Adult - Telephone Dislocated Worker - Regular Employee Wages Dislocated Worker - City Retirement Dislocated Worker - FICA Dislocated Worker - Medical Insurance Dislocated Worker - Dental Insurance Dislocated Worker - Life Insurance Dislocated Worker - Disability Insurance Dislocated Worker - Training & Development Dislocated Worker - Leases Dislocated Worker - Other Rental Dislocated Worker - Supplies Dislocated Worker - Contractual Services Dislocated Worker - Telephone Youth in School- City Retirement Youth in School - Dental Insurance Youth in School - Life Insurance Youth in School- Marketing Youth in School - Contractual Services Youth Out of School - City Retirement Youth Out of School- Dental Insurance Youth Out of School - Life Insurance Youth Out of School - Training & Development Youth Out of School - Marketing Youth Out of School- Contractual Services Revenues Workforce Investment Act Grant FY07 35-633-2331-1130 35-633-2331-1131 35-633-2331-2044 35-633-2331-3070 35-633-2331-8055 35-633-2331-8057 35-633-2331-8090 35-633-2332-1002 35-633-2332-1105 35-633-2332-1120 35-633-2332-1125 35-633-2332-1126 35-633-2332-1130 35-633-2332-1131 35-633-2332-2044 35-633-2332-3070 35-633-2332-3075 35-633-2332-8055 35-633-2332-8057 35-633-2332-8090 35-633-2333-1105 35-633-2333-1126 35-633-2333-1130 35-633-2333-8053 35-633-2333-8057 35-633-2334-1105 35-633-2334-1126 35-633-2334-1130 35-633-2334-2044 35-633-2334-8053 35-633-2334-8057 35-633-2330-2330 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST:' :'1 ' , . ,h7. ty¡ (JuyV City Clerk, 57 3 229 100 46 221,817 71 1,660 333 127 221 21 54 2 208 89 2 38 232,554 15 185 19 40 189 2,640 19 6 12 61 57 1,162 518,013 CITY OF ROANOKE OFFICE OF THE CITY MANAGER f'\od C. Taylor Municipal Building 215 Church Avcnue, S.W., Room 3M Rnannkc, Virginia 24011-1591 "l·]L'r'IIlII1L'. (:'i.Ill") "i5J-~:':\J FõlX: \~-Hll ::;53-113., City \\'L'b- www n).lnll..,l~\'a.go\' November 20, 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: Funding for Western Virginia Workforce Development Board Work- Force Investment Act (WIA) Programs Background: The City of Roanoke is the grant recipient for Workforce Investment Act (WIA) funding, thus, City Council must appropriate the funding for all grants and other monies received in order for the Western Virginia Workforce Development Board to administer WIA programs. The Western Virginia Workforce Development Board administers the federally funded Workforce Investment Act (WIA) for Area 3, which encompasses the counties of Alleghany, Botetourt, Craig, Franklin and Roanoke, and the cities of Covington, Roanoke, and Salem. WIA funding is for four primary client populations: · Dislocated workers who have been laid off from employment through no fault of their own; · Economically disadvantaged individuals as determined by household income guidelines defined by the U.S. Department of Labor; . Youth who are economically disadvantaged, or who have other barriers to becoming successfully employed adults; and . Businesses in need of employment and job training services. The Western Virginia Workforce Development Board has received a Notice of Obligation (NOO), from the Virginia Employment Commission, allocating Mayor Harris and Members of City Council November 20, 2006 Page 2 $251,665 for the Adult Program which serves economically disadvantaged adults, $261,471 for the Dislocated Worker Program which serves workers laid off from employment through no fault of their own, and $4,877 for the Youth Program which serves economically disadvantaged youth for Program Year 2006 Uuly 1, 2006 - June 30, 2008). Ten percent of the aforementioned totals are to be allocated to the administrative function of the Western Virginia Workforce Development Board. Considerations: . Program Operations - Existing activities will continue and planned programs will be implemented. . Funding - Funds are available from the Grantor agency and other sources as indicated, at no additional cost to the City. Recommendations: Accept the Western Virginia Workforce Development Board Workforce Investment Act funding of $518,013, for Program Year 2006, and appropriate the funding, as detailed on the attached listing, in accounts to be established in the Grant Fund by the Director of Finance. Establish corresponding revenue estimates in the Grant Fund as well. Respectfully submitted, Darlene L. Bu cham City Manager DLB:tm ,i " .!: c: Stephanie M. Moon, Acting City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Brian Townsend, Acting Assistant City Manager for Community Development Sherman M. Stovall, Director of Management and Budget Jane R. Conlin, Director of Human Services CM06-00198 Western Virginia Workforce Development Board 2006-2008 Budget Allocation Unit Name Admininstrative Total Adult Total Unit Name Fund/Department! Unit 35·633-2330 Fund/Department! Unit 35·633·2331 Object Code 1002 Wages 1004 Part-time Wages 1120 Fica 1105 City Retirement 1125 Hospital Insurance 1130 Life Insurance 1131 Disability Insurance 1126 Dental Insurance 8090 Telephone 8058 Rent 8052 Travel 2044 Training & Development 8055 Supplies 2060 Food 8056 Insurance 8057 Contract Services 3070 Equipment Rental/Lease 3075 Other Rental 2042 Dues and Subscriptions Account Name Object Code 1002 Wages 1120 Fica 1105 City Retirement 1125 Hospital Insurance 1126 Dental Insurance 1130 Life Insurance 1131 Disability Insurance 8090 Telephone 2044 Training & Development 8055 Supplies 8057 Contract Services 3070 Equipment Rental/Lease Account Name Final Allocation For 3rd PY06 Grant Allocation 5 24.'60 S 5.565 5 2,274 5 5,837 5 2.664 5 528 5 35 5 206 S 530 5 1.665 5 2.393 5 574 5 760 5 321 S 1.050 5 2.207 5 762 5 160 5 110 5 51.801 Final Allocation For 3rd PY06 Grant Allocation 5 3,270 5 250 5 381 S 251 5 23 5 57 5 3 5 71 5 229 5 46 S 221.817 5 100 5 226.498 Unit Name Dislocated Worker Total Unit Name Youth-In-School Total Unit Name Youth-Out-ol-School Total Grand Total Fund/DepartmenU Unit 35-633-2332 Fund/DepartmenU Unit 35-633-2333 Fund/DepartmenU Unit 35-633-2334 Object Code 1002 Wages 1120 Fica 1105 City Retirement 1125 Hospital Insurance 1126 Dental Insurance 1130 Life Insurance 1131 Disability Insurance 8090 Telephone 2044 Training & Development 8055 Supplies 8057 Contract Services 3070 Equipment Rental/Lease 3075 Other Rental Account Name Object Account Code Name 1105 City Retirement 1126 Denial Insurance 1130 Life Insurance 8053 Marketing 8057 Conlractual Services Object Account Code ~ 1105 City Retirement 1126 Dental Insurance 1130 Life Insurance 2044 Traimng and Developmenl 8053 Marketing 8057 Contractual SelVices Final Allocation For 3rd PY06 Grant Allocation $ 1.660 $ 127 $ 333 $ 221 $ 21 $ 54 $ 2 $ 15 $ 208 $ 38 S 232,554 $ 89 5 2 5 235,324 Final Allocation For 3rd PY06 Grant Allocation S 185 5 19 5 40 $ 189 5 2,640 5 3,073 Final Allocation For 3rd PY06 Grant Allocation $ 19 5 6 $ 12 $ 61 $ 57 5 1,162 5 1,317 5 518,013 ""~ - .. . . .~ ~ CITY OF ROANOKE OFFICE OF THE CITY CLERK 1]5 Churl2h A\"c:"nue. S. \V., Room 456 Rl1Jnokc. Virginia 2..Hlll-1536 Tcll.'pllCllle. /540, R5J-~5·11 Fax: (540)85.~ 1145 E-T1\;'lil: L'lcrkt{U"('nl1okl~\;l.gO\· SIlEILA N. HART\HN A!'...;istant City Clerk SlH'IL\NII' M. \IOO~. CMC AClillg C¡I) CIl,:rk November 22, 2006 File #24-144 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No.3 7616-112006 amending and reordaining §14.1-3, Litterinq, Article I, In General, Chapter 14, Solid Waste Manaqement, Code of the City of Roanoke (1979), as amended. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting, which was held on Monday, November 20, 2006, and is in full force and effect upon its passage. Sincerely, ~hJ. fY)0VYv Stephanie M. Moon, CMC Acting City Clerk SMM:ew Attachment pc: The Honorable James R. Swanson, Chief Judge, Twenty-Third Judicial 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 Darlene L. Burcham November 22, 2006 Page 2 pc: 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 HonorableJacqueline 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 William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Robert K. Bengtson, P. E., Director of Public Works ~~o\o \\'\ . IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGI:'''l1\ The 20th day of November, 2006. No. 37616-112006. Al\' ORDINANCE amending and reonlaining §14.1-3, Litterin¡¡, of Article I, In Gelll'ral, of Chapter 14, Solid Waste M.~nagement, Code of the CitŸ of Roanoke (1979), as amcnded; and dispensing with the second reading by titlc of this ordinanœ. BE IT ORDAINED by the Council of (he City of Roanoke as follows: 1. Scction 14.1-3. Jjttcrin¡¡, of Chapter 14, Solid Waste \fanagement, Codc of the City of Roanoke (1979), as amcndcd, is hereby amended and reordained to read and provide as follows: §14.1-3. Littering, * * * (g) Upon the "¡¡lurc, neglect or refusal of the owner or occupant upon whom notice has bcen servcd pursuant to subsection l4.1-3(f) of the City Codc to comply with such order, the city manager may have thc removal performed by city pcrsonnel or a priv(l/e contractor. The Òtv manager shall keep un account of" tht! cost for such removal and shall hill be charged-tit the owner or occupant rcsponsible for placing ¡he solid waste within the right-of-way aAd shall---Þe--a ()harge--which ine-lutks plus an administrative processing fee of twenty five one hundred dollars ($~ 100.00) in addition to the actual cost and fees incurred in the removal and disposal of such solid waste. If such bill is not paid within thirty (30) days, legal action may bc instituted for its collection. Prosecution for failure, neglect or refusal of such person to remove such solid waste shall not be barred by ¡he city proceeding to have the work done in accordance with this section. 2. Pursuant to Section 12, Roanoke City Charter, the second reading by title of this ordinance is hereby dispensed with. ATTEST: Ä~¥L/rh\ WV Stephanie M. Moon, (';\1C rY[ Acting City Clerk. . O-I.itt:.:ring 14.1-.;(g) 1 CITY OF ROANOKE OFFICE OF THE CITY MANAGER :\oL'l C. T.wlnr Municipal BtJildin~ 215 Church "A\'enut-\ S.\V.. Rtl~ll1l 3h-l Rl);.lnokl.." Virgini.l 2-l01 [-1591 TI':vl'lhll1<': I ~...¡) st.;1-2~.""'"'\ 1.1\" 6Itlj...::i.1.Jl.l.... l il\" \\l'!," \\'\\"\\".rn,!1111kl'y,1 :-:11\" November 20, 2006 Honorable C. Nelson Harris, Mayor Honorable David B. Trinkle, Vice Mayor Honorable Alfred T. Dowe, Jr. Council Member Honorable Beverley 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: Amending Section 14.1-3(g) of The City Code, Relating to Litte ri ng - Bu I k Set Outs Background: Recent code enforcement and solid waste ordinance changes have strengthened staff's ability to handle code violations and thereby improve the appearance of the community. An additional code amendment is needed regarding the methods and costs associated with handling illegal placement of bulk items and brush piles in the public right-of-way ("illegal set-outs"). Following proper notification, City Code currently allows the City to bill the owner or occupant certain fees and costs for the removal and disposal of illegal set-outs. The present fee does not fully reflect the expense involved in performing such tasks, however. Further, the present fee is less than the standard fee of solid waste collection companies in the private sector for similar services. Thus, the proposed code amendment increases the administrative fee from $25.00 to $100.00 to recoup' the City's administrative cost of removing illegal set-outs, such administrative fee reflecting the City's costs in administering the removal of. illegal set-outs. The amount of the administrative fee has been substantiated with cost allocations provided by the Department of Finance. The proposed "direct cost plus administrative cost" structure should prevent the current practice by residents arid landlords of using the City's Solid Waste Division as a low cost provider for the clean-up of illegal set-outs. Mayor Harris and Members of City Council November 20, 2006 Page 2 The proposed code amendment also authorizes the City Manager to hire a private contractor to remove illegal set-outs. City crews plan to remove small to medium size illegal set-outs, while large scale illegal set-outs will be removed through contracted services. The direct costs of such removals would be added to the administrative fee for administering the collection of illegal set-outs. Recommended Action: Adopt the ordinance amending Section 14.1-3(g), Code of the City of Roanoke 91979), as amended, attached to this report. Respectfully submitted, Darlene Bur am City Manager DLB:fd c: Stephanie M. Moon, Acting City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Robert K. Bengtson, Director of Public Works CM06-00 199 fi!~ - ~ . .... .~~. . . . 'u CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 ChuTI.:h ,\ \\.·I1lJl~. S. \V.. ROIJI11 456 R(lanokc. Virginia 2...1011-15J6 Tl:h.:pht'II~: (5"'()¡ S5:'-:!5·1] Fa\: (5..\./)1853-11-15 E-nl:Jil: clt:rk'ii·fllilllokeva.glw SHEILA~. H;\R1U·\N A.:;~i~talll City Ckrk STEPH.~NIF \1. MOOt'. C~lC Al"tin!; City Clerk November 22,2006 File #22-60-72 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 37617-112006 authorizing the City Manager to continue the services of the Eligibility Worker stationed at the Health Department, in accordance with the original Agreement among the Roanoke City Department of Social Services, the State Health Department, and the Virginia Department of Social Services, upon certain terms and conditions. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting, which was held on Monday, November 20, 2006. Sincerely, . tr?'ÞY¡dlftV Stephanie M. Moon, CMC Acting City Clerk SMM:ew Attachment pc: Jesse A. Hall, Director of Finance R. Brian Townsend, Acting Assistant City Manager for Community Development Sherman M. Stovall, Director, Management and Budget Jane R. Conlin, Director, Human Services/Social Services û1G IN THE Cm.::--¡CIL OF TilE CITY OF ROANOKE, VIRGf.'JTA. . . The 20th day of November, 2006. No. 37617-112006. A RESOLUTTON authorizing ¡he City l\1anager to continue tile serviccs of the Eligibiliiy Worker stationed at the Health Dcpmiment in accordance with the original Agreement among the Roanoke City Department of Social S~rvices, the State Health Department and the Virginia Department of Social Services, upon certain temlS and c-onditjons. WHEREAS, Roanoke City D~partment of Social Serviecs, thc State Health DeparJment, and thc Virginia Department of Social S~rvices entered into an agrcclllcnt in 1994 to c'stablish an E1igibiliIy Worker position through the Departm~nt of Social Services to be placcd at the Roanoke City Health Departmcnt to ensure that all citizens have an opportunity to apply for :\1c.dicaid, such agrccmcnt to bc continued npon an annual basis upon mutual agrccment of thc parties; TJ-IERErORE. BE JT RESOLVED by the Council of the CityofRoanokethat the City1\lanager is auth,niz.ed to continue the services ofth", Eligibility Worker stationed at the Health Department in accordance with the original agreement among Roanoke City Department of Social Services, the State Health Department, and thc Virginia Departmcnt of Social Service,s, upon such terms amI conditions as arc more fully set forth in the Cily \lanagc'r's letter dakd November 20, 2006. to'City Council. 1\ TTEST: );t;:¡-1~ /n./y;ð6W Stephanie M. Moon, CiVIC Acting City Clerk. ofJ~ - ...~ ..-;...... .~ CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church A\'enue. S. \V.. RlHll11 456 Roanoke. Virginia ~4() J J -1536 Tt'leplwllc: IS-tÚJ ~:'H-2541 F.n:: (540) 853-1 ]45 Email: çkrkcr..H.anuke\.J.gu\" SHEIL\ 1\. HARnl.-\." A~:>i:.l;¡nr ('¡lr Clerk STEPH"~IE M. \·100~. ole A~'lin,l! City Clerk November 22, 2006 File #22-60-72 Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Budget Ordinance No. 37618-112006 appropriating funds from the Commonwealth of Virginia and the federal government for the Medicaid. Eligibility Worker position, and amending and reordaining certain sections of the 2006-2008 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, November 20, 2006, and is in full force and effect upon its passage. Sincerely, ~ /r){ hjoCMJ Stephanie M. Moon, CMC Acting City Clerk SMM:ew Attachment pc: Darlene L. Burcham, City Manager R. Brian Townsend, Acting Assistant City Manager for Community . Development Sherman M. Stovall, Director, Management and Budget Jane R. Conlin, Director, Human Services/Social Services t?:-~ ~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of November, 2006. No. 37618-112006. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia and the federal government for the Medicaid Eligibility Worker position, 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 Regular Employee Salaries City Retirernent ICMA Match FICA Health Insurance Dental Insurance Life Insurance Disability Insurance Revenues Eligibility Worker FY07 - State Eligibility Worker FY07 - Federal 35-630-5187-1102 35-630-5187-1105 35-630-5187-1115 35-630-5187-1120 35-630-5187-1125 35-630-5187-1126 35-630-5187-1130 35-630-5187-1131 35-630-5187-5187 35-630-5187-5188 $ 31,078 4,794 650 2,377 4,140 247 359 79 21,862 21,862 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: ~hï. fr-¡oUvV ~ City Clerk. CITY OF ROANOKE OFFICE OF THE CITY MANAGER l\:"c1 C. T"v1or Y111nicip"I1311ildin¡; 21~ Church A\'L'IlU(>, S.\V., RlWTTl It=J-t R(\c1lwke, Virginia 24011-1591 TI'],'ph~lI1t.·: '. I 'i-lllj ,';¡:'.1-~3)) 1',1\: ¡:;"¡lIJ :-\:);\·11 ~¡:; City \\'1'1': \\"\\'\\'.rl.l,lIHI(Ü'\',1.,c,ll\' November 20, 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: Funding for Restricted Eligibility Worker Background: The City of Roanoke Department of Social Services and the State Health Department entered into an agreement in 1994 to establish an Eligibility Worker position through the Department of Social Services to be placed at the Roanoke Health Department to ensure that all citizens have an opportunity to apply for Medicaid. The Agreement remains in effect until modified by mutual consent or operation of law. (See Attachment A). The total cost of the position is $43,724. Approximately 50% of the cost is reimbursed from federal Medicaid administrative funds, and the Health Department reimburses the remaining cost. Considerations: The City of Roanoke Health Department is satisfied with the results of having this position on location and wishes to continue the services of the eligibility worker placed at the Roanoke Health Department. Honorable Mayor and Members of City Council November 20. 2006 Pag e 2 Recommended Action: Authorize the City Manager to continue the services of the Eligibility Worker stationed at the Health Department in accordance with the original agreement. Appropriate funding as outlined below in accounts to be established in the Grant Fund by the Director of Finance. Establish revenue estimates totaling $43,724, equally funded by state and federal sources as described above. · Salary · City Retirement · ICMA Match · FICA · Health Ins. · Dental Ins. · Life Ins. · Disability Ins. DLB:tem $31,078 4,794 650 2,377 4,140 247 359 79 I I Darlene L. Burcham i/ City Manager c: Stephanie M. Moon, Acting City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Brian Townsend, Acting Assistant City Manager for Community Development Sherman M. Stovall, Director of Management and Budget Jane R. Conlin, Director of Human Services CM06-00200 ',.:.! ,'.: : I . : , I.' I ,~ . I. i " \. . PLACEMENT OF ELIGIBILITY DETERMINA nON STAFF AT DESIGNATED HEALTH DEPARTMENTS AGREEMENT Between The Slate Health Department The Virginia Department of Social Services .J.:jt): ofR911nQke Department of Social Services AR nCLE I PTTRPOSE This Agreement is entered into as of the date specified below by and between ; City of Roan- ...04- Department of Social Services hereafter referred to as the Local DSS, The State Health Department hereafter referred to as Health Department, and the Virginia Department of Social Services, herei.fter referred to as VOSS to locate a Medicaid worker, hereafter referred to as Health Department Eligibility Worker (HDEW), on~site at the Health Department. The Local DSS and the Health Department agree to use the HDEW exclusively for the purpose outlined in this Agreement. The Local DSS is specifically prohibited from using the HDEW for any purpose other . than complet~g cases originating through Lfte Health Department. ARTICLE II Fl JNCfIONS TO BE PFR FOR MED BY HDEW A. Application Acceptance and Processing Medicaid Applications· Health Department patients referred to the HDEW shall have all the rights and privileges of any other applicant for assistance. Health Department personnel will refer for Medicaid eligibility determination all potentially eligible medically indigent patients. 1. FliKihility Criteria - Eligibility for Medicaid will be determined using all applicable rules. regulations, and policies governing the general population applying for Medicaid. a. Each HDEW shall be supplied a copy of the Medicaid Manual by the Local DSS. It shall be the responsibility of each HDEW to keep the Medicaid Manual current with all revising transmittals. b. All forms necessary to process Medicaid applications shall be ordered by the appropriate local DSS through the usual procedures and made available to the HDEW. 2. C'..a"", Development. The HDEW shall process all Medicaid applications taken al the Local Health Development for adults and children who are residents of the HDEW's locality. Completed cases shall be forwarded daily to the local DSS for immediate enrollmenL a. Applications for patients from other jurisdictions will be forwarded by the HDEW, unprocessed, to the city or county of residence. b. Medicaid eligibility must be determined in conformity with processing standards contained at Part II, Chapter A, of the Medicaid Manual. Therefore, no local DSS processing procedures shall encumber or delay certifying and enrolling eligible cases. B. Confidentiality of File Information 1. Confidentially of client information contained in existing files (both paper and electronic) is to be protected, and access to Medicaid eligibility f1!es shall be limited to the HDEWs and Local Departments of Social Services. 2. Information released to Health Department personnel shall be limited to information authorized for dissemination in accordance with the applicant Release of Information. It shall be released in a manner consistent with efficiency and non-duplication ofelTort among the Medicaid, MC, and medical services programs. 3. Information maintained by or which can be secured by the local DSS shall be shared with the HDEW when necessary to determine eligibility for Medicaid under this Agreement. This includes diagnosis information and local public records. C. Health Department Eli¡ibility Work"", - Oreani7.ation 1. Caseload Standards· The HDEW shall be an employee of the local DSS but shall not count in the determinations of local staffIng needs. 2. StaffIng level will be one full time position. This staffIng level will be œ: evaluated by ~p,.".,."tative!l of the pan;"", to Ihi. A¡:ref'ment after one vear of operation using the following criteria to determine its applicability and the need to make adjustment. a. Increased reimbursement by Medicaid due to increased Medicaid enrollment then compared t~ the one year period immediately prior to the effective date of the contract. b. Increased numbers of medically indigent eligibles emolled in Medicaid. 3. Training· The HDEWs shall be treated as other eligibilily workers as regards provision of Medicaid program training and technical assistance. HDEW will be under the supervision on local Department of Social Services Supervisor who will be responsible for instruction, accountabilily, paYToll information, andjob performance. ARTICLE III COSTS A. This projecl, whereby local workers will be physically located al the Health Department will use funds appropriated to Ihe State Health Department to fund the non-federally matched portion of the costs of maintaining the HDEW. B. Procedure<' 1. The Local DSS shall submit monthly to the VDSS individual claims for 100 percent reimbursement of personnel costs for the HDEW. a. Each claim for reimbursement shall be submitted on fonn DA-20-250, A=unting Voucher. - -.--- b. Each monthly claim shall be reimbursed by the VDSS at 100 percent of costs. 2. The VDSS shall submit monthly to DMAS, separately identifiable from other federal claims for Medicaid administration reimbursement, all claims oi administrative expenditures associated with operation of this Agreement. 3. The Health Department agrees to reimburse the VDSS through an Interagency Transfer offunds for any costs for which federal reimbursemenl does nol equal 100 percent of such State agency reimbursement made for the month. Funds used by the Health Departmenl to reimburse VDSS must not come from federal sources. The Interagency Transfer Invoice will be forwarded by the tenth working day of the month following the covered period. ARTICLE IV MAINTENANCE OF RECORDS 1. Administrative Records - Records ofadministrative costs shall, be ma~'1tained separate from other local DSS and Health Department records for evaluation and determination of the ultimale etTecliveness of the project. 5 ~ ~ 2. Applications - Separate identification shall be maintained of all referrals made by Health Departmenl personnel to the HDEW. Referrals will be tracked and the OUlcome recorded as either approved, denied, or failure/refusal to follow through. 3. Approved cases will be tracked and total expenditures under Medicaid to the Health Departmenl and other providers will be periodically gathered into reports by Central Office staff. ARTICLE V TER M OF AGR EEMF.NT This Agreement shall begin after all parties have signed this Agreement and when personnel have been employed and/or reassigned to the Health Department site. An effectiveness evaluation shall be conducted by representatives of this Agreement after the site has been fully operational for twelve months. Aftercompletion of the twelvemonth effectiveness evaluation. any party 10 this Agreement may terminate its participation in this project with or without cause upon sixty days notice in writing to the other parties. In lieu of such action, this Agreementshal1 remainineffect until modified by mutual consent or operation oflaw. Interim evaluations, problem identification and resolution sessions will be held quarterly after the flISl six-month review, on an as needed basis throughout the life of this Agreement. SIGNATURE SHEET Agreement for placement of eligibility workers at the ptY~!l?~_ Health Deparnnen between: The State Health Department The Virginia Department of Social Services . . City of-Roalloke Department of Social Services I hereby agree to the terms of this agreement: (J .Q ",jL~ .LL- 0...1 W, Robert Herbert, City Manager Cily orRoal1okc (Signed) J. 7- 91 (Dated) ~ tt Á if.1A S- (Signed) Molly L. utlédge, M.D. Acting Health Director . /) - I - 9 Ý (Dated) (Signed) L D. Jackson, Co 10 State Department of Social (Dated) o~ (3.&--- Roben B. Stroube, M.D., M.P.H. Sta:e Health Commissioner '. State Health Department (Signed) J-'r-r!t' (Dated) CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Churl2h A\"enue, S. \\'., Room 4)6 Roanokc. Virginia 24011-1536 Telephnn~" 15-l-tl.l R~.~-25JI f'ilX: 1.540.1 ~53-1145 E-mail: cleTk0..wanl.kl.:\"a.g¡l\" SIIEILA N. HARnIA.~ A~~i;:.laTll CIty C1è'rk STEI'IIAI'IE M. ~IOOl'. ole .kllng City Ckrk November 22, 2006 File #60-240-514 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 37619-112006 endorsing landscape plans prepared in connection with the Comprehensive Roadside Management Program, waiving the City's sovereign immunity under certain circumstances, and authorizing the City Manager to execute any and all necessary and appropriate documents to administer and implement such program. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting, which was held on Monday, November 20, 2006. Sincerely, -M~M.I'Y)CJ?mJ Stephanie M. Moon, CMC Acting City Clerk SMM:ew Attachment pc: Jesse A. Hall, Director of Finance Sherman M. Stovall, Director, Management and Budget Robert K. Bengtson, P. E., Director of Public Works Mark D. Jamison, P. E., PTOE, Manager, Transportation Division t."-'.. Óí' vP_ ( "< V\\: ~\: IN TIlE COUl\CIL OF THE CIIY OF ROA:--JOKE, VI RC¡!l\I¡\, The 20th day of November, 2006. No. 37619-112006. A RESOLUIIO) endorsing landscape plans prepared in connection with the Comprehensive Roadsidl' Management Program, waiving the City's sovereign immunity under certain circumstances. anll authorizing the City Managcr to execute any and al1neeessary and appropriate documents to administer and implement such program. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. This Council endorses the: two landscapc plans presented at the October 3,2006, public hcaring and pre:parcd in connection with the Comprehensive Roadside :Ylanagement Program ("'Program") devclope:ù by the Virginia Departme:nt of Transporlation CVDOT") as described in the City Managl'r's !cHer dated Nowmbcr 20,2006. to this Council; 2. This Council hereby waives its sovereign immunity and agrees to indemnify the Commonwealth Transportation Board in connection with the Program developed by VDOT as set forth, and to the extent dcscribcd, in the City I'vIanager's letter dated November 20, 2006; and 3. The City Manager is hcrcby authorized, for ami on behalf of the City, to execuk all necessary and appropriate documents to administer and implement the Program, including a VOOI Land lJse Pem1Ït application for each landscape site, the City's participation in such Program being more parti¡;ularly described in the City :'vlanager" s letter ùatcd November 20, 2006, to this Council, such doeu111cnLs to be appnwed as to fonn by the City AttorlH.:Y. A TrEST' . '~~>í1_ . '- .h?, h¡ðlJrV Ä~Clerk. O:.\¡:..ESOi..'...·· 1O~¡'R-\"D0T CO'.IPil.F;Hl't:.::;IVF Ri"I.^.r'.O::IDF ·.~,H:r,(;:=\.FNT PR0,,;l.l,\f _''I _I :_:".1_~"; IVI(" ~~ "" - CITY OF ROANOKE OFFICE OF TI-IE CITY CLERK ~15 Church Avonue. S. W.. R00m 456 Roanoke. Virginia ~4l)11-1536 Tdt'ph(lll~: C5-l-fll S53·25-t1 fax. (S'¡O) 853-1 1...5 E-niail: "krk@roml(lk~\a.go\' SHEILA N. HARnl."-" .\s5i51anl Clly Ckrk STEPHA:;IE ~l. MOO:-l. OK .\cling: City Clerk November 22, 2006 File #60-240-514 Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Budget Ordinance No. 37620-112006 appropriating funds from Lamar Outdoor Advertising for the VDOT Comprehensive Roadside Management Program, 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, November 20, 2006, and is in full force and effect upon its passage. Sincerely, fn, 1Y;Ø1tJ Stephanie M. Moon, CMC Acting City Clerk SMM:ew Attachment pc: Darlene L. Burcham, City Manager Sherman M. Stovall, Director, Management and Budget Robert K. Bengtson, P. E., Director of Public Works Mark D. Jamison, P. E., PTOE, Manager, Transportation Division ~'/ ~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of November, 2006. No. 37620~112006. AN ORDINANCE to appropriate funding from Lamar Outdoor Advertising for the VDOT Comprehensive Roadside Management Program, 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 Third Party Revenues Roadside Management Program Contribution - Lamar Outdoor Advertising 08-530-9841-9004 $ 20,000 08-530-9841-9821 20,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: '. -.. tn.,ÞY]()uY1J ~ City CI~rk. . CITY OF ROANOKE OFFICE OF THE CITY MANAGER I'\ocl C. T.l\"lor Municipal Building 21:-; Church -¡\venut:'. S.\V., Room 3h-l RO.ll1llkt', \'lrginia 2-t.nll-"15l) "],·II'I'hPIH·: l:-jlll.-':-:;.~ ~3.~.1 Ll'; (:"·11)) ....:,,-J ].~,,,, lïJ\'\\'¡'I.': \,·w\\.r\ldn""L'\,I.\:¡l\" November 20, 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: Comprehensive Roadside Management Program Background: City Council endorsed two landscape plans at its November 6, 2006 meeting that had been the subject of an October 3, 2006 public hearing. The hearing was a requirement through the Virginia Department of Transportation's (VDOT) Comprehensive Roadside Management Program. VDOT regulations do require a formal resolution from City Council, which was not available when Council acted to endorse the plans. This VDOT program also requires that the City submit a VDOT Land Use Permit application for each landscape site. These permits include an indemnity provision (City to indemnify Commonwealth Transportation Board and VDOT) and a maintenance agreement provision (City responsible for all future maintenance of the site). Additionally, one of the program partiCipants, Lamar Outdoor Advertising, is now prepared contribute to the City of Roanoke a total of $20,000 of the cost of the landscaping work to"be completed in the northeast portion of the Orange Avenue / 1-581 interchange. This is the minimum amount required to meet VDOT's program requirements that enable the placement of an acknowledgement sign at the landscape site. Honorable Mayor and Members of City Council November 20. 2006 Pag e 2 Recommendations: City Council provide VDOT with a resolution endorsing the two landscape plans presented at the October 3, 2006 public hearing and authorize the City Manager to execute any required program agreements or documents such agreements or documents to be approved as to form by the City Attorney. Accept $20,000 from Lamar Outdoor Advertising and adopt the accompanying budget ordinance to establish a revenue estimate in the amount of $20,000 and to appropriate funding of the same amount to an expenditure account to be established by the Director of Finance in the Capital Projects Fund entitled 'VDOT Comprehensive Roadside Management Program". Respectfully submitted, J~ Darlene L. Bu cham City Manager DLB/RKB/gpe c: Stephanie Moon, Acting City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Sherman Stovall, Director of Management & Budget Robert K. Bengtson, P.E., Director of Public Works Mark D. Jamison, P.E., PTOE, Manager, Transportation CM06-00202 CITY OF ROANOKE OFFICE OF THE CITY CLERK ~ 15 Chur¡.;h AVl:nll~. S. \V.. ROLll11456 Roanoke. Virginia 24() 1-1536 Td..:phonc: (5-1-0) 85.~-:!5.11 [=iIX: 15-1-(1) 85.~-11"'5 E-mail: ~'krk@r031\(lke\'a'b()v SHEILA N. I L\RTMA~ Assi~tan( City Ckrk STEPHA;>;II.' M. MOD". OW ACllng Cily Clerk November 22, 2006 File #60-67 Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Budget Ordinance No. 37621-112006 appropriating funds from the Western Virginia Water Authority for the Thrasher Park Stream Restoration, 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, November 20, 2006, and is in full force and effect upon its passage. Sincerely, m. rr; vwJ Stephanie M. Moon, CMC Acting City Clerk SMM:ew Attachment pc: Darlene L. Burcham, City Manager Sherman M. Stovall, Director, Management and Budget Philip C. Schirmer, P.E., L.S., City Engineer Luke E. Pugh, P.E., Civil Engineer II ~~ IN THE COUNCIL OF THE CITY Of ROANOKE, VIRGINIA The 20th day of November, 2006. No. 37621-112006. AN ORDINANCE to appropriate funding from the Western Virginia Water Authority for the Thrasher Park Stream Restoration, 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 Appropriated from Third Party Revenues Thrasher Park Stream Restoration - WVWA Reimbursement 08-530-9835-9003 08-530-9840-9003 08-530-9840-9004 $ (24,640) 24,640 154,000 08-530-9840-9814 154,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: á~v~~frJ,'h]()~ ~ City Clerk. CITY OF ROANOKE OFFICE OF THE CITY MANAGER 1'\ lie I C. Tavln[ ~Illnicip,ll Building 21:; Church "t\n'nUl\ S.\V.. Rl)OIll 3(~"¡' Rnclnnh.c, Virginia 2-t.tll 1-1::;91 It·1vl'ih'lll': ¡::;"¡'ll¡ :-(i~-23):~ I,l' I:; 1111 S1.~ ] [";:-; l..ït\" \\"l'I.,: \\ \\·\\".rll,l'hl.;t'\'<\.~n\· . November 20, 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: Funding for the Thrasher Park Stream Restoration Project The Thrasher Park Stream Restoration Project is required to provide compensatory mitigation for stream impacts occurring as a result of the Southern Hills Drive drainage improvements. The required work is realignment of the existing stream and planting 3.29 acres of native riparian vegetation in Thrasher Park. After proper advertisement, four bids were received on Tuesday October 3, 2006. Allegheny Construction Company, Inc., of 2830 Nicholas Avenue, NE, Roanoke, Virginia 24012, submitted the lowest responsive and responsible bid in the amount of $154,339, and 90 days construction time. Upon inspection of the bid, a mathematical error was discovered which changes the amount to $155,339. Funding in the amount of $178,640 is needed for the project. The additional funds that exceed the contract will be used for miscellaneous project expenses, including advertising, prints, test services, minor variations in bid quantities and unforeseen project expenses. The Western Virginia Water Authority agreed to provide funding for the water and sewer improvements for Southern Hills Drive in the amount of $154,000. The funds have been received from the Western Virginia Water Authority. These funds will enable staff to reallocate existing projeët funds, curreinly obligated to water and sewer improvements, to support the stream mitigation project. Honorable Mayor and Members of Council November 20, 2006 Pag e 2 Recommended Actions: Adopt the accompanying budget ordinance to increase the revenue estimate for Southern Hills Drive Drainage - Western Virginia Water Authority (08-530-9835- 9814) in the amount of $1 54,000 to transfer $24,640 from Southern Hills Drive Drainage (08-530-9835), and to appropriate funding totaling $178,640 to an account to be established by the Director of Finance in the Capital Projects Fund entitled 'Thrasher Park Stream Restoration". Respectfully submitted, Darlene L. Burcham City Manager DLB/LEP/rls c: Stephanie M. Moon, Acting City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Philip C. Schirmer, P.E., L.S., City Engineer Luke E. Pugh, P.E., Civil Engineer II CM06-00195 CITY OF ROANOKE OFFICE OF THE CITY CLERK 115 ClmTL"h Avellul'. S. \V.. Rnt1In-J.5ó Roanoke. Virginia ~.tOll-1:ï.ì6 T..:l...·p!wr!L': /5..:01 S53-25·11 Pax: 1,5...0) 853-ll-tS E·mail: ¡;krk(?"W:lTl0ke\"a.go\' SIIEIL·\ '". IIAR"I"\I.-\I\ ..V,si5tant City Ckrk STEPII.\\IIE ~t. ;"'lnO~. ('\1C Actillb City Ckrk November 22, 2006 File#110-137 The Honorable John S. Edwards Member, Senate of Virginia P. O. Box 1179 Roanoke, Virginia 24006-1179 The Honorable William H. Fralin, Jr. Delegate, House of Representatives P. O. Box 20363 Roanoke, Virginia 24018 The Honorable Onzlee Ware Delegate, House of Representatives P. O. Box 1745 Roanoke, Virginia 24008 Gentlemen: I am enclosing copy of Resolution No.3 7622-112006 adopting and endorsing a Legislative Program for the City of Roanoke to be presented to the City's delegation to the 2007 Session of the Virginia General Assembly. You are cordially invited to attend a luncheon meeting to be held on Monday, December 4, 2006, at 12:00 p.m., in Room 159, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, to discuss legislative issues. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, November 20, 2006. Sincerely, -ml.~IY¡. h1~ Stephanie M. Moon, CMC Acting City Clerk SMM:ew Enclosure The Honorable John S. Edwards The Honorable William H. Fralin, Jr. The Honorable Onzlee Ware November 22, 2006 Page 2 pc.: Darlene L. Burcham, City Manager David B. Carson, Chair, Roanoke City School Board, 3037 Carolina Avenue, S. W., Roanoke, Virginia 24014 Marvin T. Thompson, Superintendent, Roanoke City Public Schools, P. O. Box 13145, Roanoke, Virginia 24031 Cindy H. Lee, Clerk, Roanoke City School Board, P. O. Box 13145, Roanoke, Virginia 24031 Thomas A. Dick, Legislative Liaison, 1108 E. Main Street, Suite 904, Richmond, Virginia 23219 ~~ ~ f.\! THE COUr\ClL OF THE CITY OF ROAr\OKE, VIRGINIA The 20th day of November, 2006. No. 37622-112006. A RESOLLTlON adopting and cndorsing a Legislative Program for the City to be presented to the City's delegation to the 2007 Session of the General Asscmbly. WHEREAS, the members of City Council are in a unique position to be aware of the legislativenceds of this City and its pcople: WHEREAS, previous Legislative Programs of the City have been responsible for improiiing the efficiency of local government and the quality of life for citizens of this City; WHEREAS, Council is desirous of again adopting and endorsing a Legislative Program to be advocated by the Council and its representativcs at the General Asscmbly; and WHEREAS, the Lcgislative Committee of City Council has hy report, dated r\ovcmber 20, 2006, recollllllcnded to Council a Legislative Program to be presented at the 2007 Session of the General Assembly; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: I. The Legislative Prognun transmitted by rcport of the Legislative Connnittee, dated November 20, 2006, is hereby adopted and endorsed by the Council as (he City's official Legislative Program for the 2007 Session of the Gcncral Assembly. ') The Clerk is directed to issue cordial invitations to the City's Senator ancl Delegatcs to the 2007 Session of the General Assembly to attend CQuncil's meeting relating to legislative mattcrs, to be held at 12:00 noon, on December 4,2006. ATTEST: 111. fr]~ fM.) City Clerk. CITY OF ROANOKE CITY COUNCIL 215 Church AVClllu:. S.W. >Jod C. 'I~lylnr i\1unicipal Building. Room of)) RtJanok~. Virginia 2..1-01 J -15Jó ldcphonc: ()..o) X53-25''[ Fax: (:'..Hl) ~S3-ll"'5 No\"ember 211, 20()(j Council :\It'mbcrs: ,0\ I frl'd T. [)OWl,.'. Jr. B~\('r1y T. firzpatril'k. Jr. Sh~rnl¡m r. I.ra (ì Wl'n W. r...la:-;on David B. Trinkle Briall.l. \\ïshndf (', ~ELSO~ HARRIS Ma~or The Ilonorable i'vlayor ami Ivkmbers of City Council RO~lIloke. Virginia Re: 2007 Lecislati\, Pro cram Dear May()r Ilarris and !\-1embers ofCouneil: On Novcmber 6, 21)()(j, City Council's Legislative Commillee met to re\·ic\\, tbe proposed 21.107 I.egisbtive Program. A copy of the proposed Lcgislative Program is attached. Alier careful rc'vie\\'. the Committee rccommends it to City Council ror lavorable action. The School Board pori ion oflhe Program was approved by ¡hc' Schol)] Board at ilS mec¡ing on !\ovember 13. 200t>. As Chair of the Legislative Committee. I wish to tbank ¡he olhc'r members orCouneil. will' eomprisc' the C'c)mmitlèe. and 1\1r. Lindsey and rvlr. Bingham of the SdlUol Board. We also wish to thank Tom Dick. our Legislative Liaison. and Bill Hackworth. City Attorney. \\"ho eoordinatëd and prepared this Program. As Chair or the Legislativc COlllmittee. T commcnd the Program to City Council for its appro\·a!. Tam conlident thc mcmbcrs of the Council will agrce that the n.'eommeIKled Program will advance the legislative interests of the City and its people at the 2007 Scssion. es eetrUIIYj~llll . . j. Beverly T. Filzpatrick. .Ir.. Chair Legislative Committee BTF:lsc Attachments e: Darlene L. Burcham. City "'Ianager William M. Hackworth, City Attclrney Marvin T. Thompson, Superintendent William H. Lindscy, Esquire \-Ir. .Iason Bingham S¡ephen \1. Moon, Acting City Clerk Thomas A. Dick. Legislativc Liaisoll 2007 LEGISLATIVE PROGRAM CITY OF ROANOKE . . r,":..·,·,·,.. ...~. "'·W__"._ ROANOK people. pride. promise. City of Roanoke 2007 Legislative Program Lel!Ïslation Requcstcd IIistoric Districts. The City requl'sts kgislati()n to amend ~36-99, Code of Virginia. to authori/.e the City to require building permits for the installation of replacement siding, rooting, and \vindows in buildings within historic districts. This will bene/ì¡ the City's historÌl: neighborhoods. Such improvemcnts require a ccrti Iìcate of appropriateness from the City Architectural Review Board, but not a huilding permit, which sometimes creates confusion l'or propelty owners. Encrgy Efficiency. The City requests that cnabling legislation be enacted to authorize localities to provide for a real estate lax break for buildings constructed using "green building" or "sustainabk" designs, similar to Leadership in Energy and Environmental Design (LEED) standards. With its C2C housing program. the City has taken a kad in promoting such designs. Dclinqucnt Parking Tickets. Section 46.2-752.1, Code of Virginia, authorii'.l's localities to enlL'r into an agreement with the Commissioner of the Department of \10tor Vehicks whereby the Commissioner agrecs to refuse to issue or renew any vchiek registration for anyone who owes that locality local vehicle license fees or delinquent tangibk personal property tax or parking citations. However, the provision relating to parking citations only applies to citations issued to residents of such locality. As a result, the City has diflkulty collecting unpaid parking citations issued to non-resicknts, mostly from nl'arby localities, III of \\hom owed the City $245.849 as of October 2006. The limitati()n in ~46.2-752.5 to parking citations issued to residents of the locality should be removed. Domestic Violencc. Thc Roanoke Domestic Violence Task force has suggcsted several legislative ideas that would assist with preventing domcstie violence. These include: · Establishing mandatory scntencing guidelines that provide far a set finc and incarccration for domcstic violence offenses, with greater penalties for rl'peat offenders (similar to provisions for tirst timc and rcpeat DUI offenders). · Establishing a requirement that prosecution of any domcstic violcnce offense involving a knifc or a gun be expedited. · Amending ~ 18.2-57.2, Code of Virginia, to mandate that a magistrate issuing a warrant for a domestic violencc offense also issue an emergency protcctivc order, without having to make a /ìnding that "there is a probable danger of further [such] acts'". as is currently required by § 18.2-57.2 and § I 6.1-253.4. · Adopting legislation requiring that domestic violence convictions be includcd in the response to record queries made by the policc through the Virginia Criminal Infomlation l\etwork (VCIN). (Currently the information provided only includes wanted subjects, subjects with protective orders, and those with concealed wcapon permits.) · Adopting enabling legislation authorizing localities to impose a fee ofS50.00 on those convicted of domcstic violence and domestic related offenses to hclp offset the expense of domestic violence investigations and provide services to viclims. This fee would be separate from and in addition to any line and/or costs othcrwise imposed by the eou rts. Other Lel!:íslative Prioritics Support for Virginia First Citics Coalition LcgishltiolI. As a member of Virginia First Cities. a group of 15 of the State's older cities. Roanoke supports the broad legislative objectives of this coalition. The State should realign its policies and tìll1ding formulas to reduce disproportionate economic, tiseal and dcmographic stresses and disparities on Virginia's tiscally stressed cities. The State should actively promote conditions to encourage thc economic health of cities through employment, neighborhood redevelopment and revitalization of commercial areas. Additionally, the City supports First Cities' efforts to: Appropriate additional funding for programs that improve the educational attainment of at-risk students · Increase tùnds for existing at- risk programs · Increase the per pupil tùnding rate ofthc at-risk tour year-old program (VPI) in order to kccp pace with inflation · Enhance teachcr quality in at- risk schools pully fund thc SOQ and new positions Enact additional, reliable, dedicated statewide transportation funds to providc adequate funding to maintain and improve the Statc transportation network Provide State tunds sut1icient to preserve, improve, and expand public transportation SUpp01t policies that maximize transportation investments where inli'astructure exists Prescrve existing local eminent domain authority Increase Enterprisc Zone funding Support Housing Commission legislation that benetits cities Preserve local taxing authority ~ Provide appropriate taxing authority for localities Increase public safety funding for overburdened loea]ities Eminent Domain. The City opposes legis]ation that would further limit ]oeal eminent domain authority, and notes that in the past ten years, the City has acquired property after tiling cmincnt domain proceedings only tive times, Two orthese were for scwer easements, two IIX property for a pedestrian walkway, and one was for a power line ex(ension at Carvins Cove. State Support for Cultural Agencies and Activities. Institutions such as Center in the Square and its constitucnt agencies, the Virginia Museum of Transportation, and the Commonwealth Games all attract tourists to the region and help support the economy. City Council is appreciative of the legis]ature's partial ti.mding of regional cultural institutions and regional events in previous years. The State is encouraged to develop a policy tbat ensures stable tùnding for these agencies. Addilionally, a regional 1i.lIlding mechanism is needed to provide a source of funding for environmental, entertainment. and cultural assets. The City supports legislation that would allow for the development offunding from regional resources tìx cultural, historic, and recreation amenities such as a B]ue Ridge Asset District. Disphl}' of Disabled }:lrking Placards. Section 46.2-1242, Code ofYirginia, authorizes ]oealities to establish fines for those who illegally park in a duly designated parking space reserved for persons with disabilities. This section provides that vehicles with removable windshield placards issued to disabled drivers may park in such designate spaces. The Po]iee Department has had a problem with drivers who have such placards but either do not display them or display them so that they are not completely visible when parking in such spaces (some apparently try to conceal the expiration date). Section 46.2-1242 should be amended to authorize localities to establish lines for such offenccs, which lines would be less than those for illegally parking in a disabled parking space. Antique 1\10tor Vehicle Tags. The regulations pertaining to "antique motor \'ehieks" in §46,2-100, and §-I6.2-730, Code of Virginia, should be amended and tightened up. Currently the definition includes every motor vehicle at least 25 years old "owned solely as a collector's item:' According to the Police Department, current laws which limit the use or antique cars to occasional pleasure driving, unless the vehicle is periodically inspected and has current license plates and decals, are difficult to enforce. According to the Department, many owners drive antique cars routinely, some of which are not roadwolthy. Any additional restrictions on the use of antique motor vehicles should exclude transportation-related museums. Definition of Prostitution. The delinition o!'''prostitution'' in § 18.2-346, Code of Virginia, should be amended. To convict someone of prostitution, three elements of the crime lllust be 3 .:stablished: an agreement to perfollll a sex act, an agreement to exchange money or its equivalent for such act. and then the performance ofa "suhstantial act" in furtherance ofth.: crime. According to the Police Department, the "substantial" requirelll.:ntmakes il dim cult to convict those guilty of prostitution. It is suggestcd that either this word be deleted, or replaœd with the word "intentional:' Servicc of ~~mergency Custody Ordcrs. Section 37.2-80S, Code orVirginia, rcquires that whenevcr a magistrate issues an emergcney custody order. that a loeality's "primary law- enfÖrc':lllcnt agen.:y" serve the order, execute it, and providc transportation for the person being taken into custody. The Police Department indicates that this places an undue burden on the Departmcnt as it routinely takes from two to four hours to ex.:cute an order and transport the pcrson being taken into custody. The Department proposes that the statue be amended to give the magistrate the discretion to rcquire either the Police Department or the Sh.:riiTs Department to do this, as was done in the past. when such orders issued at the request of a citizen were taken care of by the Sheriffs Department. while police-initiated orders were taken care of by the Police Department. Streamline Local Budget Process. Section 15.2-2507, Code of Virginia, requires localities to hold a public hearing whenewr a local ity' s adopt.:d budget is bdng amended by more than I '!ó or S500,000, whichcvcr is the lesscr amount. The City requests an amcndment to dclete the $500,000 threshold, while kecping the I % or morc increase public hearing requir.:mcnt. Busincss Liccnse. Section 58.1-3700, Code of Virginia, authorizes localities to adopt ordinances requiring that no business license be issued to an applicant who is delinquent in the payment of certain taxes, such as business license taxes, pcrsonal propertytax.:s, etc. The statute docs not, however, prohibit a delinquent laxpayer from obtaining license'S for new businesses (as opposed to renewing an existing business license). It should be amended to prohibit this. Civic Center Lighting. The City's Civic Center has a license from the Alcoholic Beverage Control Board (ABC) to sell beer and wine to patrons of events at the Civic Center. As a licensee, the City is subject to 3 V AC 5-50-70, promulgated by the ABC, which requires that the illumination of the area where alcoholic beverages may be consumed at a liccnsee's establishment be "such as to permit ready access and reasonable observation by law- enforcement oftìeers and by special agents of the hoard:' and provides that the "interior lighting shall be sufficient to permit ready discernment of the appearance and conduct of patron's in all portions or such area." Although there arc no objective standards in this requirement, ABC agents require the Civic Center to keep lighting in the arena at levels such that they can observe individuals from across the arena. This callses problems for sholVs that perform at the Civic Center, many of which have pre-programmed lighting appropriate lor their shows. The City has in the past been citied by the ABC for inadequate lighting. The Civie Center requests that ~4.1-lll, Code of Virginia, be amended to permit lights in sueh facilities to be turned off or dimmed for periods of up to five minutes at anyone interval. 4 Agents for Rental t:nits. Section 55-218.1 of the Code of Virginia requires property owners who own four or more units in the Commonwealth of Virginia, but do not reside in the Commonwealth themselves, to maintain an agent who is a resident of the State. It is di Ilicult to serve summons and othcr notices on propelty owners who do not livc in the same locality, dclaying action to address blight. The General Assembly is requested to amend this Code section to require that the property owner's leasing agent or n:presentative operate in the same locality as the propelty or in an adjacent locality. The legislation could be limited to apply only in those localities, such as Roanoke, which have a significant percentage of hOllses that arc rented. Tn 2000, only 52% of the housing in the City was owner-occupied. "Stupid Driver" Law. At least cleven states have enaetcd so-called "stupid driver" laws, pursuant to which motorists can be held financially liable if they intentionally ignore wamings and drive into flooded roadways, thereby causing their vehicle to become inoperable, and requiring a water rescue. Such a law would help prevent such ill-advised behavior, which often exposes rescue personnel to unnecessary risk and danger. It should also include similar offenders who endanger others by walking into or boating in flooded areas. Support for School Board Legislative Priorities. The City of Roanoke supports the School 130ard Legislative Program in its entirely and incorpLlrates it ¡utLl the City's Legislative Program. Policv Positions Transportation (Including Mass Transit) Funding. Adequate funding, especially that for mass transit, is critical to keep Virginia's transportation system viable. Tn addressing transportation nceds, the General Assembly should consider: adjusting fund sources such as the motor Cuels tax, to kecp pace with inflation: imposing moderate incn:ascs in statc transp01tation-related taxes and fees; authorizing more options for long-term financing for major projects; authorizing the creation of regional transpoltation districts; seeking equity among various road users by ensuring that trucks pay their propOltionate share of road costs and promoting mass transit solutions on a regional and statewide basis. Zoning Districts. Roanoke opposes any legislation that would restrict present land use powers of local gLlvel11ments to establish. modify and entòrcc zoning c1assifiealions. Local governments should remain free to adopt and enforce zoning changes that address loealland use needs. The City opposes any legislation that would limit local government regulation of historic zoning districts and its ability to accept proffered conditions in rczonings that relate to building features and materials. 5 General Policv Considerations The Federal and State governments should recognize that local govcrnments are the best vehicles for the delivery of many services to the public because local governments are closest to the people and thc most responsive. Roanoke remains concerned with the eUlllulative effect of fcderal and State legislative and regulatory mandates that have stresscd thc serious financial problems of local governments. It is essential that the Statc fully fund all State mandates, including public employee salaries. Roanoke is vitally conecrned over the continued erosion ofloeal revenue sources. The General Assembly is urged to leave the taxing authority and rcvenue sources of local governments alonc. Additionally, the State should pay a greater share of the costs of education and other essential services. City Council calls upon the Governor and the General Asscmbly to develop an economic development stratcgy for the Commonwcalth and its local governmcnts. The strategy should includc spceial programs for those areas wcst of the Bluc Ridge Mountains and ccntral cities across the Commonwealth. Tourism and convention activities that enhance the economic well being of the State and its political subdivisions should be recognized as legitimate components of economic development. 6 ROANOKE CITY PUBLIC SCHOOLS LEGISLATIVE PROGRAM Full Funding of the Standards of Quality (SOQ). Roanoke City Public Schools (RCPS) supports n.:quiring the Standards of Quality to be determined and prescribed every two years and obligating the Commonwealth to tully fund the Standards of Quality. RCPS urges state officials to determinc, prcscribe, and fund the Standards of Quality (SOQ) on the basis of realistic and actual educational nccds, practices, and costs, and to include capital. operational, and maintcnancc costs for school tàcilities and transportation. · RCPS supports eff0l1s to rcview the Standards of Quality (SOQ) [0 retlect the actual cducational practices oflocal school divisions. · RCPS supports efforts to change funding for elemcntary and secondary education in the Commonwcalth to rellect true costs ineurrcd by school divisions in meeting thc requircments of thc Standards of Quality (SOQ), the Standards of Accreditation (SOA), and the Standards of Learning (SOL). · RCPS supports etTorts to ensure that the funding fonnula n.:llccts currents costs to mcet state requirements that have bcen added since the formula was last reviscd. · RCPS suppo11S cfforts to ensure that thc funding formula reflects educational practices that go beyond the requin.:ments of the Standards of Quality but are needed because they constitute best practices that benefit all children. · RCPS supports efforts to cxpand positions and funding under thc SOQ that reflect actual education practices in school divisions. · RCPS supports efforts to close the disparity gap in funding between wealthy and poor school divisions. · RCPS supports the revision of the current transportation reimbursement in Basic Aid to reflect the current cost of fuel. · RCPS supports efforts to provide a rcgular funding source for the provision and maintenance of transportation. technology, and infrastructure in public schools. School Construction, Maintenance llnd Debt Scrvirc. RCPS encouragcs the state to recognize the burden that school construction and debt service costs place on local budgets. Accordingly, the statc is urged to providc localities with recurring money for school facility debt service, on a per pupil basis, and in addition to thc SOQ funding, and to establish a pennanent revenue source and formula for distributing school construction and dcbt service funding to localities. In the altcrnative, the state should increase the CUIT.:nt kv.:1 of school - . construction tunding. funding for the Literary Loan program, and funding for the Virginia Public School Authority Interest Rate subsidy program. Th.:se funds should be protected from other use or allocations. 7 · A program of state participation in school construction and rcnovation projects should be implemented in addition to current Literary Fund and VPSA programs, school construction grants, and lottery procccds programs. · Sufficicnt funding should be providcd for the l.iterary Loan program to mcct construction requests within one year. · The state should address the tinancial condition of the Literary fund and should balance the general fund without using the proceeds of the Literary Fund to balance the budget. · The state should .eontinue the VPSA subsidy sales until the Literary Fund IS available to meet school construction needs. · The Literary Fund should be available to all school divisions. · The General Assembly should expand the ability of school divisions to borrow through cxpanding the capacity of the VPSA. · The state should share debt service as ongoing. unfunded operational expenses. · Debt service should not be part of the state-funding match. · The state should fund construction and renovation costs associated with state mandatcs (e.g. reduced class sizes, 4-year-old programs, etc.). Teacher Salaries. RCPS urges the state to rccognize the statewide teachcr shortage due to the tight labor market, the implementation ofthc No Child Left l3ehind Act, and salary and personnel disparities. The state is urged to provide full-year funding for teacher pay increases and to provide creative programs and alternate routes to licensure, in ordcr to help attract amI rctain quality tcaehers. · RepS urgcs the Gencral Asscmbly to provide full year funding for teacher raises. School Safety. RCPS supports encouraging and fàeilitating a safe and productive lcarning environmcnt in all schools. RCPS urgcs thc continuation of grants and enhanced funding lor School Resource Officers and other school safety programs and initiativcs. School Calendars. RCPS supports returning control ofthc public school calendar to local school boards and supports local flexibility and control over opening dates to allow local school boards to have time to provide for required remediation and teachcr training. 8 ~M~ 'l.tt.. þ~~ Does Roanoke City plan to ask the airport commission for another lease on the airport property beyond 2008 for either the City or to meet a potential developers demand? Ms Shuck, ROA director, indicated to me at the joint meeting of the Airport Commission, City, and County, that there would be no problem in continuing the lease beyond 2008, Has the Administration received the detailed plans from the sole bidder on the property by today's deadline? If so we would like the promise of inclusion in the planning of our Community to be realized now and have the Administration show us these plans, If the Administration has rejected the plans then we want to see the 'concept plans' that were submitted, If the detailed plans have NOT been received - is this bid now dead and are we back to square one? In that case again we want to see the original concept plans Has the date been extended by the Administration for this sole bidder to complete their detailed plans? Then what is the new date? The Countryside Neighborhood is here waiting for your response - don't let us down by circumventing our question with responses like "how lucky we are that the city purchased the property" - we are not feeling lucky, we are not feeling left out - many of these people live IN the middle of this property and there is no comparison whatsoever with the Colonial Green project where there were only concerned residents on the fringes of that property, Aqain questions to answer this eveninq: Lease extension beyond 2008? Has detailed plans been received or the date extended? What is the new date? When is the cloak of secrecy going to be lifted? If not publicly then privately with our Community, I'm hear this evening with some of my Countryside Neighbors to get some answers since the Countryside Property was discussed in a closed session this afternoon. Before I ask my questions I am wondering if you have paid any attention to the articles in The Roanoke Times pertaining to Countryside and the Roanoke Regional Airport. I had stood before you over the past year and on each occasion expressed concern about incompatible land use surrounding an airport especially an airport approach and not just the RPZ portion. It took a County Airport Commission member to bring it up in the media forcing attention on the "noise" associated with an airport and "taking into consideration added insulation by any developer". Stronger language in the RFP regarding insulation should have been stressed in the RFP. If Council ignores recommendations of the VDOA and FAA concerning "compatible land use" on the approach to runway 6 then I hope you prepared to jeopardize any additional Federal funds for ROA. The FAA has new requirements for safety margins at end of runways after the Midway incident. Runway 6 is only 300 ft from 581. Also ignored was a pleading form the GM of Holiday Inn on Frontage Road that they receive substantial revenue from clients who purchase golf packages that include Countryside Golf Course. If you "google" Countryside Golf Course practically every hotel in Roanoke pops up advertising Countryside as an amenity. ~ocalities are including golf courses adjacent to airports to make their City more appealing to visitors who stay at the many airport hotels per a USA Today June 2006 article. The City of Roanoke is planning to turn Countryside into just another development residents don't want instead of using it to attract visitors and support the adjacent hotels. Ignored was a comment from a member of Congress for New Urbanism who stated: "I was shocked to learn that the city of Roanoke is trying to plan your neighborhood without meaningful input from your community. That is a recipe for disaster." "it seemed quite absurd that the planning was being conducted in private" Nathan R. Norris Director of Implementation Advisory PlaceMakers, L.L.C. In that regard I'd like to ask: oP~ - .~~.. -. . '. n CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 ChurL'll Avenue. S. \V.. Rl10m ·~56 Roanoke. Virginia 24011·1536 Telepl(1ne: !:'i·iOl S:'D-25·tl 1:,,;\: 154ù) 853-11·15 E-nHlil: ..::krkOI'¡):moke\'a.g:C1\" SIIt--:lI.A N. "IARTMX\I :\~~ist:1I11 City Ckrk STEI'I'\~IE M. ~IOO"l. CMC ;\clillg Cit) Ckrk November 22, 2006 File #53-467 Cindy H. Poulton, Clerk Roanoke City School Board P. O. Box 13145 Roanoke, Virginia 24031 Dear Ms. Poulton: I am attaching copy of Resolution No. 37623-112006 authorizing the School Board for the City of Roanoke to repair, rehabilitate or equip Patrick Henry High School; and authorizing the filing of an application with the Virginia Department of Education seeking an allocation of authority to issue City's General Obligation Qualified Zone Academy Bonds, in an amount not to exceed $1,097,571.00, to finance the Project; and further authorizing the Acting City Clerk to advertise a notice of public hearing in connection with the issuance of the proposed Qualified Zone Academy Bonds to be held on December 18, 2006, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting, which was held on Monday, November 20, 2006, and is in full force and effect upon its passage. Sincerely, ~IY] fv;6VYv Stephanie M. Moon, CMC Acting City Clerk SMM:ew Attachment Ms. Cindy H. Poulton November 22, 2006 Page 2 pc: Darlene L. Burcham, City Manager Jesse A. Hall, Director of Finance Sherman M. Stovall, Director, Management and Budget George J. A. Clemo, Bond Counsel, Woods Rogers PLC, 10 S. Jefferson Street, Roanoke, Virginia 24011 '.'r- ~ '..J IN THE COUl\CII. OF THE CITY Of ROANOKE. VIRGINIA The 20th day of November, 2006. No. 37623-112006. A IŒSOLlITION (i) authorizing the SChOlll Bllard for the City of Roanokc to repair. rehabilitatc or equip Patrick Henry High School (the "Projcc('): and (ii) authorizing the filing of an application ""ith the Virginia Department 0 f Education ~eeking an allocation of authority to i~~ue the City's gcncral obligation qualitied zone academy blInds in an amount not to cxceed $1,097.571 to finance the Project. WHEREAS, the School Board (the "School Board") for the City of Roanoke of Roanoke, Virginia (the "City") has detennined that it is necessary to undertake the Project and has requested the City to issue its general obligation qualified zone acadcmy bond~ in an anlllunt not to exceed $1,097,571 to finance the Project; and WIJ EREAS, in order to finance the Project. the City reasonably expects to issue debt obligations; and WIIEREAS, the City intends to issue debt obligations for the Projcct as "qualified zone academy bonds" within thc mcaning of Section 1397E of the Internal Revenue Code (the "Code''). BE IT RESOLVED by the Council ofthc City ofRoanokc that: 1. 'T11e School Board is authorized 10 undertake the Project. and is authorized to expend out of the City's capital improvement fund up to S 1 ,097,571 for the cost of the Project. 2. In accordance with U.S. Treasury Regulations ~ 1.1397E-l(h) and ~ 1.150-2. it i~ hereby declared that thc City reasonably expcets to reimbursc expcnditures lor the Project wim proceeds of debt 10 be incurred by the City. The maximum principal amount of debt expected to bc issucd for the Project is $1,097,571. 3. This is a declaration of official intent under U.S. Treasury Regulations § 1.1397E- l(h) and ~ 1.150-2. -I. The City Manager. any Assistant City Manager, the Chainnan orthe School Board or thc Superintendent of Schools is hereby authorized to file an application with the Virginia Department of Education seeking an allocation of authority to issue the City's general obligati(\]J qualified zone acadcmy bllnds pursuant to the Public finance Act and Section 1397£ of The Code in an amount not to exceed 51.097,571 (the "QZA ßonds") to linance the COST of the Project. 5. The City Clerk is hereby authorized and directed to publish in accordance with applicable law a notice of public hcaring in conncction with the proposed QZA Bonds to be held 011 December IS, 2006. 6. Tbis Resolution shall take effect immediately. {#0994930-1. 077826·00058-01} * * * The unlkrsignè.d Clerk of the City of Roanoke, Virginia, hereby cert.itìes that the foregoing constitutes a true and cOlTect extract lì'om The minutes of a meding of ¡he City Conneil held on ?-<ovcmber 20, 2006, and of the whole thcreof so tàr as applicable to the matters rdcn-ed to in such extrac.t. I hereby tùrther ceriify that slh;h meetiug was a rúgularly scheduled meeting and that, during the eonsideraiion ofihe foregoing resolution. a quorum was present. Present Absent Aye Nay Abstain C. ?-<elwn Ibnis, Mayor X X __ _n u___ _ .---- David B. Trinkle. Vice Mayor X _.-_.--- ...X-- AlfTed T. Dowe, Jr. ---1L_ --,--_.-- - -x ___. - .-- Beverly T. Fiizpairiek, Jr. lL- ~- ShcnmUl P. Lea X X ---- ---- Gwcndolyn W. Mason y y Brian 1. WishndY X X WJT!\ESS MY HAND and the seal of the City of Roanoke, Virginia, ¡his November, 2006. [SEALl ~¿v IY¡. h¡~ Acting City Clerk, City of Roanoke, Virginia {#0994930-1,077826-00058-01) day of City of Roanoke School Board P.O. Box 13145, Roanoke VA 24031. 540-853-2381. FAX 540-853-2951 David B. Carson, Chiiir Alvin L. Nash, Vice Chair November 20, 2006 Jason E. Bingham Mae G. Huff William H. Lindsey Courtney A. Penn Todd A. Putney Marvin T. Thompson, Supcrintcndi..'nt The Honorable C. Nelson Harris, Mayor and Members of Roanoke City Council Roanoke, VA 24011 Cindy H. Poulton, Clerk or lilt: Bo.'1rd Dear Members of Council: As the result of official School Board action at its meeting on November 13, the Board approved the enclosed Resolution to participate in the Qualified Zone Academy Bonds (QZAB) initiative. The Board requests Roanoke City Council to support application for issuance of General Obligation Qualified Zone Academy Bonds (QZAB) in an aggregate principal amount not to exceed $1,097,571.00, for the purpose of financing certain rehabilitation, repairs, and/or equipment for Patrick Henry High School. A public hearing on the issuance of the QZAB bonds for Patrick Henry High School must be held before the bonds may be issued. Accordingly, the School Board requests that City 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 December 18, 2006 meeting. The QZAB initiative is a federal program that allows lending institutions, private businesses and schools to form a mutually beneficial partnership to support education. The program permits the City to sell interest-free tax credit bonds to banks or other qualified financial institutions to finance repairs, rehabilitation, equipment, training or curriculum materials for a qualifying school. Schools qualify based on (a) their partnership with private business to enhance the academic curriculum, increase graduation and employment rates and better prepare students for college and the workplace (including a required matching private contribution of at least 10% of the QZAB amount), and (b) the percentage of free lunch students which must be 35 percent or greater. Patrick Henry's free lunch rate is 37.83%. If QZAB proceeds are received by the school division, then the spring VPSA non-subsidy bond financing for Patrick Henry of up to $4.83 million will be reduced by the amount of QZAB proceeds (expected to be $1,097,571.00), which will result in lower overall debt service payments. Members of Council Page 2 November 20, 2006 The School Board thanks you for your continued support of our students and programs. re Ene. cc: Mr. David B. Carson Mr. Marvin T. Thompson Mr. William C. Wingfield Mr. Kenneth F. Mundy Mr. George J. A. Clemo Sincerely, c~~;~~~ Ms. Darlene L. Burcham Mr. William M. Hackworth Mr. Jesse A. Hall Mrs. Ann A. Shawver November 13, 2006 RESOLUTION REQUESTING THE CITY COUNCIL OF THE CITY OF ROANOKE, VIRGINIA TO ISSUE GENERAL OBLIGATION QUALIFIED ZONE ACADEMY BONDS FOR SCHOOL PURPOSES AND CONSENTING TO THE ISSUANCE THEREOF BE IT RESOLVED, 1) The School Board of the City of Roanoke, Virginia hereby (i) approves certain expenditures to rehabilitate, repair, and/or equip Patrick Henry High School, at an estimated cost not to exceed $53.6 million (the "Project"), (ii) authorizes and approves the filing of an application to the Virginia Department of Education seeking an allocation of authority to the City to issue qualified zone academy bond financing pursuant to the Public Finance Act and Section 1397E of the Internal Revenue Code in an amount not to exceed $1,097,571.00 to finance a portion of the cost of the Project, (iii) requests that the City Councii of the City of Roanoke, Virginia, (the "City") authorize the City to issue its general obligation qualified zone academy bonds in an aggregate principal amount not to exceed $1,097,571.00, (the "QZA Bonds") for the purpose of financing a portion of the cost of the Project, and (iv) approves the issuance of the QZA Bonds by the City. 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 13th day of November, 2006. WITNESS, my signature and seal of the School Board of the City of Roanoke, Virginia, this _ day of , 2006. (SEAL) Clerk, School Board of City of Roanoke, Virginia CITY OF ROANOKE DEI> ARTMENT OF FINANCE 215 Church A venu<. S. W.. Room 461 P.O. R\);\ 1220 ROallllk(', Virginia 24006-1220 Telephone: (540) 853-2R21 fax: (540) X5)-6142 A:>I;\: H. SHAWVF.R nrlUty Ilirrctm" <:111;'11]: .uJ:l·_",h.J\\"\'cr!/".:i.n'æ::.'kt: \,1.1I~ .JF.SSF. A. HALL Uin'l'lnr nf Fin:tJl('r ('1",!;¡¡J It'';;,\' h;lllucir'l¡l1wkt:\,l.us November 20, 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: Authorization for Application to Participate in Qualified Zone Academy Bonds (QZAB) and Request for Public Hearing Background and Current Situation: As a result of official School Board action at its meeting on November 13, 2006, the Board approved the attached Resolution to participate in the Qualified Zone Academy Bonds (QZAB) initiative. The Board now requests City Council to support application for issuance of General Obligation Qualified Zone Academy Bonds in an aggregate principal amount not to exceed $1,097,571, for the purpose of financing certain rehabilitation, repairs, and/or equipment for Patrick Henry High School. The QZAB initiative is a federal program that allows lending institutions, private businesses and schools to form a mutually beneficial partnership to support education. The program permits the City to sell interest-free tax credit bonds to banks or other qualified financial institutions to finance repairs, rehabilitation, equipment, training or curriculum materials for a qualifying school. Schools qualify based on (a) their partnership with private business to enhance the academic curriculum, increase graduation and employment rates and better prepare students for college and the workplace (including a required matching private contribution of at least 10% of the QZAB amount), and (b) the percentage of free lunch students which must be 35 percent or greater. Patrick Henry's free lunch rate is 37.83%. Honorable Mayor and Members of Council November 20, 2006 Page 2 If QZAB proceeds are received by the school division, the spring VPSA bond financing for Patrick Henry will be reduced by the amount of QZAB proceeds (expected to be $1,097,571). Since the QZAB financing entails no interest cost to the borrower, the use of QZAB funds in lieu of VPSA bonds would result in lower overall debt service payments. Recommendation: We recommend that you concur with this report of the School Board and adopt the attached resolution to authorize advertisement of a notice of public hearing for issuance of General Obligation Qualified Zone Academy Bonds (QZAB) in an aggregate principal amount not to exceed $1,097,571, for the purpose of financing certain rehabilitation, repairs, and/or equipment for Patrick Henry High School. The resolution will also provide approval for the application and include a resolution of intent for the City to reimburse itself for the expenditure of qualifying costs in accordance with QZAB guidelines. Sincerely, tf~ A µj Jesse A. Hall Director of Finance c: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Stephanie M. Moon, Acting 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 ~15 Churdl Avenue. S, WoO Roorn45" Roanoke. Virginia 24011-153" Telephone: (5:10"1 S53-~5·11 Fax: 15..¡01 S5.~-1 ]45 E-mail: clcrklg.'f"Úõ1I1okc\'a.gov SIIElL\ 'I. II'\Rnl.·\~ A~:-;is(a11l City Clerk STEPHA'IIE \1. \1001'. ole ¡\cling City Clerk November 22, 2006 File #60-236-467 Jesse A. Hall Director of ~inance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Budget Ordinance No. 37624-112006 appropriating funds from the Commonwealth government 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, November 20, 2006, and is in full force and effect upon its passage. Sincerely, ~~Jn. tr¡UVW Stephanie M. Moon, CMC Acting City Clerk SMM:ew Attachment pc: Cindy H. Poulton, Clerk, Roanoke City School Board, P. O. Box 13145, Roanoke, Virginia 24031 Darlene L. Burcham, City Manager Sherman M. Stovall, Director, Management and Budget Marvin T. Thompson, Superintendent, Roanoke City Public Schools, P. O. Box 13145, Roanoke, Virginia 24031 ~s I( IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of November, 2006. No. 37624-112006. AN ORDINANCE to appropriate funding from the Commonwealth government 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 Compensation of Clerical Retirement-HIC-VRS Social Security Retirement VRS Health Insurance Group Life Insurance Professional Health Services Compensation of Teachers Compensation of Teacher Aides Retirement-HIC-VRS Social Security Retirement VRS Health Insurance Group Life Insurance Professional Health Services Supplements Social Security Other Professional Services Educational and Recreational Supplies Revenues State Grant Receipts· State Grant Receipts State Grant Receipts 30-062-6515-0121-6554 30-062-6515-0123-6554 30-062-6515-0151-6554 30-062-6515-0200-6554 30-062-6515-0201-6554 30-062-6515-0202-6554 30-062-6515-0204-6554 30-062-6515-0205-6554 30-062-6515-0311-6554 30-062-6896-0121-6100 30-062-6896-0141-6100 30-062-6896-0200-6100 30-062-6896-0201-6100 30-062-6896-0202-6100 30-062-6896-0204-6100 30-062-6896-0205-6100 30-062-6896-0311-6100· 30-062-6905-0129-6100 30-062-6905-0201-6100 30-062-6905-0313-6100 30-062-6905-0614-61 00 30-062-6515-1100 30-062-6896-1100 30-062-6905-1100 $ 1,140 1,165 759 (185) 234 1,441 5,719 1,286 (4,000) (40,904) 16,060 387 6,575 12,204 10,810 974 7,574 7,357 563 1,000 5,000 7,559 13,677 13,920 · Pursuant to the provisions of Section 12 of the City Charter. the second reading of this ordinance by title is hereby dispensed with. ATTEST: ~ b\.Yf)OaYV ~ CityCierk. . 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, ~"'l-e Chali" Jason E. Bingtwm Mae G. Huff WIlliam H. Lindsey Courtney A. Penn Todd A. Pulney t>1arvin T. Thompson, Sllpeni1tendent Cindy H. Poulton, Oèrk of the Board November 20, 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 November 13, the Board respectfully requests City Council to appropriate monies to the following grant programs: · $7,559.00 for the Special Education Jail Program to provide funds for the salary and expenses of the staff providing special education instruction and screening services to the inmates of the Roanoke City Jail. This continuing program will be one hundred percent reimbursed by State funds. · $13,677.00 for the Regional Alternative Education Program to provide funds for alternative curriculum and training for regional high risk students at Noel C. Taylor Learning Academy, with a focus on improving the total self-concept of the student. This continuing program will be reimbursed by State funds in the amount of $172,191. This additional appropriation will provide for the full State allocation for the program. · $13,920.00 for the William Fleming High School NGA Honor Schools Program to provide funds for instruction and materials to teach Advanced Placement or dual enrollment courses as part of Virginia's NGA Honor Schools Program. This continuing program will be one hundred percent reimbursed by State funds. The Board thanks you for your approval of the above requests. Sincerely, ~.Po~ Cindy H.)oulton, Clerk re cc; Mr. David B. Carson Mr. Marvin T. Thompson Mr. William C. Wingfield Mr. Kenneth F. Mundy Ms. Darlene L. Burcham Mr. William M. Hackworth Mr. Jesse A. Hall Mrs. Ann A. Shawver (with accounting details) !.~:;::~~~> , '~.\ f'~' . - :~\ i ,~. t:.. I '~:¿~~/ CITY OF ROANOKE DEPARTMENT OF FINANCE 2 ¡ 5 Church A venue. S, W,. Room 461 1',0, Box 1220 Roanoke. Virginia 24006-1220 Telephone: (540) 853-2821 Fax: (540) 853-6142 ANN H. SHAWVER nrlJuly Dirrrtor crnail: .lnn_ShClW\·cr~;]'ci.lo:lTlt,ke \'tIllS JESSE A. HALL I)ircdor of Finance cmail: je:;:;e. hal\@ci.mall,)kc'\'au:> November 20, 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 a result of official School Board action at its meeting on November 1 3, 2006, the Board has respectfully requested that City Council appropriate the following funds: . $7,559 for the Special Education Jail Program to provide funds for the salary and expenses of the staff providing special education instruction and screening services to the inmates of the Roanoke City Jail. This continuing program will be one hundred percent reimbursed by State funds. · $13,677 for the Regional Alternative Education Program to provide funds for alternative curriculum and training for regional high risk students at Noel C. Taylor Learning Academy, with a focus on improving the total self-concept of the student. This continuing program will be reimbursed by State funds in the amount of 5172,191. This additional appropriation will provide for the full State allocation for the program. . S 13,920 for the William Fleming High School NGA Honor Schools Program to provide funds for instruction and materials to teach Advanced Placement or dual enrollment courses as part of Virginia's NGA Honor Schools Program. This continuing program will be one hundred percent reimbursed by State 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. ¿::'A. ~, Jesse A. Hall Director of Finance c: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Stephanie M. Moon, Acting City Clerk Sherman M. Stovall. Director of Management and Budget Marvin T. Thompson, Superintendent of City Schools ,~-,;"\'in\.,.;..J~ ......... c. :;." ~. ¿- . ~ .,. 1< ~ '" ~. -_t¡ ....,6. ...\.. ~tlt.\ 1;\' \"ù\' Roanoke Valley 4-H Shooting Education ~~- ~ ~ . '1.:JrI~ p.1 ~:oa f.m. ~ Nov 21 06 11: 15a 1nspector Chris Moore (540) 857-2622 November 20. 2006 Good Afternoon Mayor and members of Roanoke City Council, I am the coach and coordinator for the Roanoke Valley 4.H Shooting Education Program a Virginia Tech 4-H cooperative extension. The focus of our program is youth development through the safe and responsible use of air guns, bows, and fireanns. The youth of this program gain life skills, self worth, and conservation ethics. Our program is not solitary. There are currently over 300,000 boys and girls ages 8-18 and 45,000 certified instructors nationwide involved in the 4-H shooting education program. Our sport is one of the safest and no matter what your physique is you compete on an equal level with yourself and others. I come before you today because our program as well as our sport needs your help. Section 21-81 of the city code titled Discharge of air gUn, gravel shooter, pneumatic gun etc. States: "Any person who shall anywhere within the city, discharge shot, stones, gravel, bullets or any similar thing from a gravel shooter, air gun, pneumatic gun or other similar implement shall be guilty of a class 4 misdemeanor. There are two exceptions listed in the ordinance one for a firearms range and one for paintball guns. Our program does not fit under either of those two exemptions. We have been meeting in the National Guard annory located in Roanoke city fOr almost a year and holding fundraisers, which are vital to the continuation of our free program in the Civic Center. This has been done prior to our being made aware of the ordinance and no complaints have been received. Knowing that this city ordinance exists and wishing to continue and expand our youth education program. We request that the ordinance be changed to allow our program and others that may be similar in nature to hold youth and adult competitions, fundraisers, and education programs within the city limits as well as allow members of that program to practice on their own property while under the direct supervision of an adult I also request that the city council and Mayor grant us an exemption so we can continue our program until the ordinance can be changed. This exemption would allow us to continue our program without interruption. This exemption is important for the youth who are practicing for upcoming competitions. Thank you for your attention and at this time I would be pleased to answer any questions or listen to any comments you may have. Christopher Moore Roanoke Valley Shooting Sports Coordinator (540) 989-0656: Home (540) 857-2606: Work Nov 2106 11:15a Inspector Chris Moore (540) 857-2622 p.2 Proposed addition to 21-81 Subsection (a) shall not prohibit the use of a pneumatic gun for competitions or instructive programs that are controlled by sporting or education organizations and under the supervision of a certified instructor as outlined in (h). (h) Add 4H, Civilian Marksmanship Program and Olympic Committee Nov 21 06 II: 15a Inspeotor Chris Moore (540) 857-2622 p.3 Sec. 21-81. Discharge of air gun, gravel shooter, pneumatic gun, etc. (a) Any person who shall, anywhere within the city, discharge shot, stones, gravel, bullets or any similar thing from a gravel shooter, air gun, pneumatic gun or other similar implement shall be guilty of a Class 4 misdemeanor, unless otherwise permitted by this section. (b) Subsection (a) shall not prohibit the use of a pneumatic gun at a facility approved for shooting ranges or on other property where firearms may be discharged lawfully. (c) Subsection (a) shall not prohibit the establishment of commercial or private areas designated for use of paintball guns for recreational use in accordance with all applicable requirements. Equipment designed to protect the face and ears shall be provided to participants at such recreational areas, and signs shall be posted to warn against entry into the paintball area by persons who are unprotected or unaware that paintball guns are in use. (d) As used in this section, the term, "pneumatic gun" means any implement, designed as a gun, that will expel a SS or a pellet by action of pneumatic pressure. The term "pneumatic gun" includes a paintball gun that expels by action of pneumatic pressure plastic balls filled with paint for the purpose of marking the point of impact. (e) All uses of a pneumatic gun otherwise allowed under this section by a minor below the age of sixteen (16) years on private or public property shall be under the supervision of a parent, guardian or other adult supervision approved by a parent or guardian. (f) All uses of a pneumatic gun otherwise allowed under this section on private property with the consent of the Owner by a minor above the age of sixteen (16) years shall Occur only with the written consent of a parent or guardian. (g) All minors, when permitted by a parent or guardian to use a pneumatic gun, shall be responsible for obeying all laws, regulations and restrictions governing such use. (h) The training of minors in the use of pneumatic guns shall be done only under direct superviSion of a parent, guardian, Junior Reserve Officers Training Corps instructor, or a certified instructor. Training of minors above the age of sixteen (16) may also be done without direct supervision if approved by the minor's instructor, with the permission of and under the responsibility of a parent or guardian, and in compliance with all requirements of this section. Ranges and instructors may be certified by the National Rifle Association, a state or federal agency that has developed a certification program, any service of the Department of Defense, or any person authorized by these authorities to certify ranges and instructors. (Code 1956, Tit. XXIII, Ch. 4, § 7; Ord. No. 36814, § 1, 8-16-04) II/À.~/ o~ cf- : 00 f /t1. ~ Darlene Burcham/Employees /City _oC Roanoke 11/22/2006 05:24 AM To rcraig06@cox.net cc City Council bcc Subject Markel stalls Dear Mr. Craig: I am writing to respond to your question regarding the Farmers Market Stall project. On June 5, 2006, City Council was briefed on the major actions recommended by the City Market District Plan. At that time staff asked Council to provide guidance as to which actions they considered priorities. Council supported the idea of combination balconies/farmers stalls but felt if the project would take more than two years, the existing awnings should be replaced. The City Engineer was then directed to develop up-to-date cost estimates for various options presented in the awning study prepared by Hughes Associates. That study included several options such as paddle fans, heating. and new stalls along Campbell Avenue. With funds being limited. City staff needed to identify priorities among these different options. Since DRI is charged with managing the Farmers Market, Bob Bengtson and Chris Chittum worked with DRI to identify a committee of vendors to help determine priorities. This committee included Barry Corswandt of Sumdat Farms, Janet Walters of Walters Greenhouse, Dana James, an artisan. and Tim Belcher, a farmer. Mr. Bengtson and Mr. Chittum met with David Diaz and this group of vendors in early September to consider market awning options. This committee identified the replacement and repair of the awnings north of Kirk as their first priority and construction of new awnings along Campbell Avenue as their second priority. There was a clear consensus among the group to leave the awnings south of Kirk as-is for the time being. Shortly thereafter, a letter was distributed to vendors to advise them of the recommended improvements. Staff presented these top priorities in a budget request for $263,000. which was approved by City Council on October 19. 2006. With this budget request approved. staff is now moving into the design phase and is seeking input from vendors on the design of the new stalls. Regarding the loss of parking spaces, it is our intent to design the new awnings so that none of the parking spaces within Market Square would be eliminated. I hope this responds to your concern and questions regarding the Farmers Market Stalls. CITY OF ROANOKE OFFICE OF THE CITY CLERK 21S Church Avenue, S. W., Room 456 Roanoke. Vir~inia 2401l-IS36 Tcll'phnm': (540) 85.3-254. Falx: (540) 853-1145 [-mail: clerk@roanokt',\·u.gc,," SHElI.A r;. HARHIAN Assislunt City Clerk STEI'HA~W. M. MOON. CMC Acling ("it)' Cll'rk November 22, 2006 File #15-110-253 Mr. Robert K. Bengtson 1342 East Drive, S. W. Roanoke, Virginia 24015 Dear Mr. Bengtson: At a regular meeting of the Council of the City of Roanoke which was held on Monday, November 20, 2006, you were reappointed as a City representative of the Roanoke Valley Resource Authority, for a term ending December 31,2010. Enclosed you will find a Certificate of your reappointment and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were reappointed. Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your reappointment and each member is required "to read and become familiar with provisions of the Act." Mr. Robert K. Bengtson November 22, 2006 Page 2 On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to continue your service to the City of Roanoke as a City representative of the Roanoke Valley Resource Authority. Sincerely, ~~ In. fv]o~ Stephanie M. Moon, CMC Acting City Clerk SMM:ew Enclosures pc: Deborah Charles, Secretary Roanoke Valley Resource Authority, 1020 Hollins Road, N. E., Roanoke, Virginia 24012 COMMONWEALTH OF VIRGINIA) ) CITY OF ROANOKE ) To-wit: I, Stephanie M. Moon, Acting City Clerk, and as such Acting City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the twentieth day of November, 2006, ROBERT K. BENGTSON was reappointed as a City representative of the Roanoke Valley Resource Authority, for a term ending December 31, 2010. Given under my hand and the Seal of the City of Roanoke this twenty- second day of November, 2006. . IY). hJ ruvv Acting City Cle~k Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Robert K. Bengtson, 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 City representative of the Roanoke Valley Resource Authority, for a term ending December 31, 2010, according to the best of my ability (So help me God). Subscribed and sworn to before me this _ day of 2006. BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT BY _____, CLERK 1.:\CLl~RK\D'\"L\\CKEW I\\lath allJ l~¡..ing .<;L'r....il.:C'\Rnalll.Kt' V:llk'Y Re:;;lllllTC AUlhllrily\RI.'l;1L'r1 K. Ikngblm ,.'alh IL'l.dlll: .ø~'" ~ ~. CITY OF ROANOKE OFl"ICE OF THE CITY CLERK 21S Church A wnue. S. W., Room '¡S(j Roanoke, Virginia 2'¡UU-IS3(j Tt'll'phonc: (':=;-10, R5J-25"1 Fl.lx: 15-1018:::.1-1145 I':-m:til: derk@:ruannkt'\"n.aO\' SHEIl.A N. BARBIAN Assi'italU ('ill Clerk STF.I'H.-\:\IE ~l. \IOO"l. ('\1(' Acting Cit)' Clerk November 28, 2006 File #15-110-200 REVISED Ms. Sheri Bernath 1719 Wilbur Road, S. W. Roanoke, Virginia 24015 Dear Ms. Bernath: At a regular meeting of the Council of the City of Roanoke which was held on Monday, November 20, 2006, you were reappointed as a City representative to the Blue Ridge Behavioral Healthcare, Board of Directors, for a term ending December 31, 2009. Enclosed you will find a Certificate of your reappointment and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were reappointed. Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your reappointment and each member is required ;'to read and become familiar with provisions of the Act."' Ms. Sheri Bernath November 28, 2006 Page 2 On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to continue your service to the City of Roanoke as a City Representative to the Blue Ridge Behavioral Healthcare, Board of Directors. Sincerely, ~rn,mdlW Stephanie M. Moon, ¿MC Acting City Clerk SMM:ew Enclosures pc: S. James Sikkema, Executive Director, Blue Ridge Behavioral Healthcare 301 Elm Avenue, S. W., Roanoke, Virginia 24016-4001 COMMONWEALTH OF VIRGINIA) ) CITY OF ROANOKE ) To-wit: I, Stephanie M. Moon, Acting City Clerk, and as such Acting City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the twentieth day of November, 2006, SHERI BERNATH was reappointed as a City representative to the Blue Ridge Behavioral Healthcare, Board of Directors, for a term ending December 31, 2009. Given under my hand and the Seal of the City of Roanoke this twenty- eighth day of November, 2006. ~ rn, rv;ò~ Acting City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Sheri Bernath, 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 City Representative to the Blue Ridge Behavioral Healthcare, Board of Directors, for a term ending December 31, 2009, according to the best of my ability (So help me God). Subscribed and sworn to before me this _ day of 2006. BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT BY , CLERK K:\(lalh :lIlJ ll:a\'ing ~t'n·iL't'\Blue RiJg.t' Behavioral H~;lllh::';,,¡n::\SI1C',i Ht'n~u1h ll~\th lel.lh· <P~ - CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Ayenue. S. Woo Room 456 Roanoke, Vir~inia 24011-1536 Telephllne: (540) 8:03-2541 }'ax: (540) 85.1-1145 E-mail: l.:lrrk@roanokt.."a.gu\. SHEILA N. HARUIAN As.,i'!õtant Cit)" Clerk STEI'lIANlli ~I. MOON. CMC At"ling City Clerk November 22, 2006 File #1 5-110-200 Ms. Angela S. Penn 506 1 2lh Street, N. W. Roanoke, Virginia 24017 Dear Ms. Penn: At a regular meeting of the Council of the City of Roanoke which was held on Monday, November 20, 2006, you were appointed as a member of the City Planning Commis~ion, commencing January 1, 2007, and ending December 31, 2010. . Enclosed you will find a Certificate of your appointment and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were appointed. Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your appointment and each member is required "to read and become familiar with provisions of the Act." Pursuant to Section 2.2-3115, Code of Virginia (1950), as amended, I am required to furnish members of the City Planning Commission with a form for Disclosure of Real Estate Holdings by December ·10 of each year. State Code provisions further provide that all disclosures must be filed and maintained as a matter of public record for a period of five years in the Office of the Clerk of the governing body. Please complete and return the enclosed form to the. undersigned by Tuesday, January 16, 2007. Ms. Angela S. Penn November 22, 2006 Page 2 . On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to serve the City of Roanoke as a member of the City Planning Commission. Sincerely, ~w ÌYì. h)ornv Stephanie M. Moon, CMC Acting City Clerk SMM:ew Enclosures pc: Martha P. Franklin, Secretary, City Planning Commission COMMONWEALTH OF VIRGINIA) ) CITY OF ROANOKE ) To-wit: I, Stephanie M. Moon, Acting City Clerk, and as such Acting City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the twentieth day of November, 2006, ANGELA S. PENN was appointed as a member of the City Planning Commission, commencing January 1, 2007, and ending December 31, 2010. . Given under my hand and the Seal of the City of Roanoke this twenty- second day of November, 2006. ~rn. lY)Óð7V Acting City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Angela S. Penn, 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 City Planning Commission, commencing January 1, 2007, and ending December 31, 2010, according to the best of my ability (So help me God). Subscribed and sworn to before me this _ day of 2006. BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT BY , CLERK L:\CI.ERK\[)AT..\\CI\EWl\llath Jlld kaving Sl·f\'in.'\City Planning Cnnunissiclll\.'\l1!;c.:la P\~nn llath It:l.dol: CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church :\vt.'.IlUL'. S. \V.. Room 456 R{)anoke, Virginia 2-WII-1536 Tdt'pll(ln~': (54Q") R:'l3-25:11 Fax: 154fl) ':;5~-II-t5 E-IllJ.I]: \.'krk.<irfLlanllk~~\'a.g('\" SIIEILA 'J. I L\RTMAN .\s~istant City Ckrk STEPH.~r-:IE ~1. ~IOO:-;. ('M(' ..\¡:~ f'ity Clt'rk November 22, 2006 File #514 Sam N. Winkler, HSE Manager Akzo Nobel Coatings, Inc. 2837 Roanoke Avenue, S. W. Roanoke, Virginia 24015 James Bray, General Manager Akzo Nobel Coatings, Inc. 2837 Roanoke Avenue, S. W. Roanoke, Virginia 24015 Gentlemen: I am enclosing copy of Ordinance No. 37625-112006 repealing Ordinance No. 36461-081803 permanently closing, by barricade, a portion of Roanoke Avenue, S. W., adjacent to Burks Street, continuing back to Norfolk Southern right-of-way; and permanently vacating, discontinuing and closing a portion of the 2800 block of Roanoke Avenue, S. W., identified as Official Tax No. 1510407, and continuing west to its terminus at the Norfolk Southern right-of- way, and a portion of Burks Street, S. W., beginning at Roanoke Avenue and continuing south to the northern edge of Berkley Avenue, S. W. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting, which was held on Monday, November 20, 2006, and is in full force and effect upon its passage. Sincerely, ~/Y¡. iY]o~ Stephanie M. Moon, CMC Acting City Clerk SMM:ew Enclosure , Sam N. Winkler James Bray November 22, 2006 Page 2 pc: Reliance Universal, Inc., 1431 Progress Street, High Point, North Carolina 27265 Mr. Thomas A. Phillips, 749 Bluewater Drive, Moneta, Virginia 24121 Norfolk Southern Corporation, 110 Franklin Road, S. W., Roanoke, Virginia 24011 Darlene L. Burcham, City Manager Susan S. Lower, Director, Real Estate Valuation Steven J. Talevi, Assistant City Attorney Philip C. Schirmer, P.E., L.S., City Engineer Martha P. Franklin, Secretary, City Planning Commission )~~ ~\. N TIlE COU\CIL OF TIlE CfT'y' OF ROANOKE, VIRGINIA The 20th day of November, 2006. No. 37625-112006. AN ORDNANCE repealing Ordinance No. 36461-0S1S03 and pCTInanently vacating, discontinuing and closing portions of t\vo public rights-oj~\\'ay in the City of Roanoke., as more panicularly described hereinafter; and dispensing with the second fl'acling by title of this ordinance. WHEREAS, A.kzo Nobel Coatings, Inc., rcpresented by Sam :--.I. Winkler, filed an application to the Council of the City of Roanoke, Virginia ("City Council"). in accordance with law, requesting City Council to repeal Ordinance No. 36461-081803, permancntlY closing, by barricade, a portion of Roanoke Avcnuc, S.W., adjacent to Burks Street. continuing back to thc :--.Iorfolk and Southern right-of-way. and to pellllanently vacate, discontinue and closc a ponion of thc 2800 block of Roanoke Avenuc, S.W.. beginning at thc eastem propeny line of Ofticial Tax ~1ap No. 1510407, and continuing west to its tern1Ïnus at the Norfolk Southern right-oJ~way, and to permanently vacate. disc.ontinue and close a portion of Burks Stred, S. W.; WHEREAS. the City Planning Commission, after giving proper noticc to all concerned as required by §30-14, Codc of the City of Roanoke (1979), as amended, and alier having conducted a public hearing on the malter, has made its recommendation tl' Council; W1IEREAS, a public hcaring was held on such application by City Council on November 20, 2006. after due and timely notice thereof as required by §30-1-I, Code of the City of Roanoke (1979), as amended, at which hcaring all panies in interest and eitizcns were atìàrded an opportunity (0 be heard on such application; WHEREAS, it appearing from th~ f"oreg<)ing that [hc land proprietors afrectcd by the requestcd closing oflhc subject public rights-o.t~way have been properly notified: and WHEREAS, from all of the foregoing. City Council considers that no inconveniencc will result to any individual or to the public lì'Olll pCllllane.ntly vacating, discontinuing and closing such public rights-or-way. THEREFORE, BE IT ORDAINED by the Council of thc City of Roanok~, Virginia, that the certain public rights-of-way situate in thc City of Roanoke, Virginia, and more particularly described as follows: 1\ portion of thc 2800 block of Roanoke A venuc, S. W., beginning at the eastern property line of Official Tax ",rap ~o. 1510407, and continuing west to its tCllllinus at thc I\orfolk Southern right-of-way, and a portion of Burks Stred, S.W., beginning at Roanokc Avenue and continuing south to thc northem edge of Berkley Avcnue, S.W., are, and arc hereby permanently vacatcd, discontinued and dosed, and that all right and intefÇst of the public in and to the same be, and hereby is, released inso(àr as City Council is empowered so to do with respect to the closed rights-of.~way, reserving howe,'er. to thc City of Roanoke and any utility company or public authority, including. spccifically, without limitation, providers to or for the public of cable tdevision, electricity, natural gas or lekphonc service, an casement for sanitary sewer and water mains, television cable, electric wires, gas lines, telephone lines, and related facilities that may now be located in or across such Pltblie rights-of-way, together with the. right of in§,'fess and e¡"'fess for the maintenance. or replae-eme.nt of sue-h lines, mains or utiliÜes, sueh right to include the right to remove. without the payment of e-ompensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement whie-h impede access for maintenance or rcplacement purposes at the time such w()rk is undertaken: such easement or easemcnts to tenninate upon ihe later abandonlllent of use or permanent removal Ü-om the ab()ve- describcd public righis-of-way of any such municipal installation or other utility or facility by the owner thereof. BE IT Fl.:RTHER ORDAI:-.JED thai ihe applicant shall consiruct to all applicable City standards an improved right-of-way between Roanoke Avenue. S. W., and Bcrkley Avenuc, S.\V., such improvements to include a paved strcet meeting the minimum width requirements or the City's subdivision ordinance. curb, gutter, a six (Ii) ¡ìx)t wide planting strip, a five (5) foot wide sidewalk on each side of thc pavement, and a minimum six (6) inch space between the edge of right-of-way and the sidewalk on each side of ihe new sireet. BE IT FURTHER ORDAlNED that the applicant shall maintain the eXlsimg vegclaied buffer between its operations and the Berkley Avenue. S.W., right-oj~way as a buffer and shall construct a security fencc on the interior (norrhem) edge ofihe bufrer. BE LF FURTHER ORDAINED thai the applicant shall purchase and install, at its sole expense, a !ire hydrant at the intersection of Burks Avenue, S.W., and Berkley Avenue. S.\\1., such installation io be in accordancc wilh all applicable codes. ordinances and regulations, and coordinated with the Westem Virginia Water Authority and the City of Roanoke Fire-EMS Department. BE IT FURTHER ORDAINED that the applicant shall submit to the Subdivision Agent, receive all required approvals of, and record with the Clerk of the Circuit Court for the City of Roanok~,' a subdivision plar, with slIch plat combining all prop~ni~s which would otherwise bc landlocked by the rc.qu~stcd closure, or otherwise disposing of thc land within the rights-of-way to be vacated in a malUler consistent with law, alHI retaining appropriate easelllents, together with the right of ingress and egress over the same, for the installation ;mdmaintenanee of any and all cxisting utilities that Illay be located within thð rights-of-way, and dedicating to the City a right-of-way in a location accepiable to the Subdi\'ision Agent for the City of Roanoke Jor the street referenced above. HE IT Ft:RTl-IER ORDAINED that the applicant shall, upon meeting all ()[her conditions to the granting of the application. deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a œrtified copy of this ordinance for recordation where deeds are recorded in sllch Clerk's Oilice. indexing the salllC in the name of the City of Roanoke, Virginia, as Grantor. 'U1d in the nallle of lhe applicants, and the n:lInes of any other parties in interest who may so request. as Grantees, and pay such fees and ehargcs as are required by the Clerk to effect sueh recordation. HE IT FL~RTHFR ORDAINED that the applicants shall, upon a certilied copy of this ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia, where deeds are recorded in such Clerk's Office, fill' with the City Engineer for the City of Roanoke. Virginia, the Clerk's receipt, demonstrating that sllch recordation has occurred. BE IT FURTHER ORDAINED that ifthe ahove conditions have been mct within a period of two (1) years from the date of the adoption of this ordinance, then Ordinance No, 36-161-081803, adoptcd on August 1:5,1003, pennanently closing, by barricade, a portion of Roanoke AY~nLLC, S.W., adjacent to Burks Street, shall be repealed. BE IT FURTHER ORDA1NI'D that if the above conditions have not been met within a period of two (2) years from the date of the adoption of this ordinance, then this ordinance shall bc null an,1 void with no ìùrther action by City Conncil being nccessary. BE IT FINALLY ORDAlt\ED that pursuant to the' provisions of § 12 of thc City Chartcr, thc second rcading of this llnlinance by titlc is hereby dispensed wilh. 1\ TTEST: "'ph.,,;, M. :'P"':;;;C~ Acting City Clerk. CITY OF ROANOKE PLANNING BUILDING AND DEVELOPMENT . 215 Chul"\'h ¡\,"enue. S.\\'.. Romll )()(, Roanokl', Vir~iJ\ia 2411 II Telel'hone: (540185.1-1730 Fax: (540185.1·12.10 E-mail: planning(~i:ci.rmmokc."a.lIs November 20, 2006 .\n:hill'l"WI"I" Ul' ;¡')) Huard nllard "I" Znllin;.: .\PIU'al~ """",;",""m'~'Önorable 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 Akzo Nobel Coatings. Inc., represented by Sam N. Winkler, to permanently vacate, discontinue and close a portion of the 2800 block of Roanoke Avenue. S.W., beginning at the eastern property line of Official Tax Map No. 1510407 and continuing west to its terminus at the Norfolk Southern right-of-way; to permanently vacate, discontinue and close a portion of Burks Street, S.w.. beginning at Roanoke Avenue and continuing south to the northern edge of Berkley Avenue. S.W.; and repealing Ordinance No. 36461-081803 permanently closing, by barricade, a portion of Roanoke Avenue, S.W., adjacent to Burks Street. continuing back to the Norfolk and Southern right-of-way. Planning Commission Action: Planning Commission public hearings were held on September 21. 2006 and October 20. 2006. Bya vote of 6-0 (Mr. Williams absent). the Commission recommended that City Council approved the requested closure with the conditions set out in the report. Background: The petitioner has applied to permanently vacate a portion of Roanoke Avenue, S.w., lying between the eastern property line of Official Tax Map No. 1510407 and Norfolk Southern's right-of-way, and a portion of Burks Street. S.w., lying between Roanoke Avenue, S.W.. and the northern edge of Berkley Avenue. S.W. These portions of right-of-way traverse through the. petitioner's property, which contains the regional office of Akzo Nobel Coatings Inc., a manufacturer of industrial coatings. The petitioner has proposed a realignment of Roanoke Avenue, S.W., to Berkley Avenue, S.W., to replace the connection currently proviÇJed by Burks Street. S.W. The petitioner will be responsible for constructing 1 the street to City standards and dedicating the new section of right-of-way to the City. The new section of Roanoke Avenue. S.W., will be aligned roughly along Official Tax Map No. 1510407, which is the easternmost of the petitioner's parcels. The Roanoke Avenue, S.w., right-of-way petitioned to be vacated is sixty (60) feet wide with approximately twenty-six (26) feet of pavement. The subject portion is relatively level and the only maneuvering challenge posed for trucks are that of oncoming traffic. Roanoke Avenue, S.W.. is a predominately industrial street with a number of establishments that regularly use tractor-trailers or other large trucks. Roanoke Avenue is currently the petitioner's primary ingress and egress for its shipping and delivery trucks. The Burks Street, S.w., right-of-way petitioned to be vacated is fifty (50) feet wide with approximately twenty-six (26) feet of pavement. It is sloped upwards to the south and intersects with Berkley Avenue. S.W.. and Denniston Avenue, S.w.. neither of which is ideal for truck traffic. Burks Street, S.w., is the petitioner's primary ingress and egress for its employees who park in a lot on Official Tax Map No. 1520101. The proposed vacation and realignment will not greatly alter the current traffic patterns of the subject portions of Roanoke Avenue. S.W.. and Burks Street. S.w. The flow of trucks in and out of the petitioner's site will, by necessity, remain from Roanoke Avenue, S.W.. as Burks Street, S.W.. and its adjoining streets are not conducive to truck traffic and do not provide a logical outlet for large trucks. Burks Street, S.W., will remain the primary ingress and egress for employees. The westernmost portion of Roanoke Avenue. S.W., between the northernmost corner of Official Tax Map No. 1520101 and the Norfolk Southern railroad right- of-way, is currently closed by barricade. The petitioner applied for the closure by barricade of this portion of Roanoke Avenue, S.W.. to secure its site and protect its inventory. which includes hazardous materials. City Council adopted Ordinance No. 36461-081803. on August 18, 2003, to grant the petitioner's request. Since then. the petitioner has maintained a locked gate, to which Norfolk Southern staff has keys to access the railroad tracks. The petitioner desires this ordinance be repealed with the approval of their current request. In the petition the petitioner noted that its corporate office increased security standards in response to the acts of terrorism committed in New York City on September 11, 2001. and that closure of this portion of Roanoke Avenue, S.W., would greatly improve the security of the site. In addition. the petitioner has experienced a recurring issue with speeding vehicles on Berkley Avenue. S.W.. and Roanoke Avenue, S.W.. mainly the racing of motor bikes in a twenty-five (25) mile per hour speed limit. The petitioner was advised by City of Roanoke Police staff that the site should be further secured. n L The petitioner also inquired of staff as to the feasibility of vacating the portion of Roanoke Avenue, S.w., and joining its properties. Staff advised that such action would not be possible unless the petitioner acquired Official Tax Map Nos. 1510401 and 1510402, which are the headquarters of a vending service. The original petition and an amended petition were filed in July 2006 for consideration during the September 21, 2006. Planning Commission public hearing. The request to vacate the rights-of-way was continued at the September hearing based on the following: · Lack of notification to Norfolk Southern Railway Company (an adjacent property owner that utilizes the Roanoke Avenue right-of-way. · A discrepancy between the narrative description in the petition and a map showing the rights-of-way to be vacated. · Request by the Planning Commission for the petitioner to further evaluate the provision of a vegetated buffer and curb, gutter and sidewalk along the Berkley Ave.. SW right-of-way along the southern edge of its property. A second amended petition was filed on October 9, 2006 in an effort to address these issues prior to the October 20, 2006. Planning Commission public hearing. The actions taken were as follows: · Norfolk Southern Railway Company was listed as an adjacent property owner in the revised petition and has been notified of the petitioner's request by City staff. · The exhibit accompanying the staff report has been revised to match the narrative text of the petition. · The amended petition includes a provision to place a fence along the edge of the developed portion of the petitioner's properties that abut the Beckley Ave., SW right-of-way and that the existing row of trees along the right-of-way will maintained. Considerations: The petitioner's properties located to the south of Roanoke Avenue, S.W., and Official Tax Map Nos. 1510401 and 1510402 are all zoned 1-1, Light Industrial District. which extends to the east. The petitioner's properties located to the north of Roanoke Avenue, S.W., are zoned 1-2, Heavy Industrial District which extends to the north, east and west. The zoning south of the 1-1, Light Industrial District across Berkley Avenue, S.w.. is R-5, Single-Family District. Surrounding land uses are industrial and residential. Staff received comments from AEP, Roanoke Gas Company, Verizon, and the Western Virginia Water Authority, all of which stated no objection to the request. Staff also received comments from the City of Roanoke Engineering Division and Fire-EMS Department. Engineering advised that the petitioner assume maintenance of storm drains in the subject portions of Roanoke Avenue, S.W., 3 and Burks Street. SW. Fire-EMS advised that a new hydrant be installed at Burks Street. S.W.. and Berkley Avenue. S.W. Due to the proposed right-of-way vacation, hydrants will not be accessible to provide adequate fire protection to Berkley Avenue, S.W. Public utility easements will be retained within the vacated rights-of-way. The Department of Real Estate Valuation has assessed the subject portions of right-of-way at a value of 51.05 per square foot. The total value of the right-of- way proposed for vacation is approximately 545.350. The cost to construct the new street section between Roanoke Avenue and Berkley Avenue is estimated at approximately 5152,000, not including any required improvements for storm drainage. The petitioner proposes to construct a new street between Roanoke Ave, SW and Berkley Ave., SW along the eastern edge of its property. This satisfies the need to maintain connectivity and to preserve the grid street pattern of the City's oldest neighborhoods which is a recurring theme in the Transportation and City Design chapters of Vision 2001-2020. While the proposed vacation and realignment will alter the original grid pattern, the connectivity of the streets will be maintained by the construction of the new street. Furthermore. the terminus of Roanoke Avenue S.W., is on the petitioner's site, which abuts the railroad. Since this is the edge of the street grid. its specific design orientation to the neighborhood is not as important as its functional orientation to the neighborhood. Maintaining the connectivity of the streets will ensure that future development can be integrated into the neighborhood. The realignment of Roanoke Avenue S.W., conforms to the following policies of Vision 2001-2020, the City's Comprehensive Plan: _INP1: Cooperative planning on the local. state and regional levels should include design features that maintain or improve connectivity of streets while maintaining neighborhood integrity in existing development and minimizing negative visual and noise impacts. -INP2: Interconnected street systems should be encouraged in new development and maintained in existing development. The realignment of Roanoke Avenue S.W. conforms to the following transportation policies of the Norwich Neighborhood Plan: -Streets will be designed to support auto, pedestrian. and bicycle traffic. Street modifications should incorporate street design principles of the Comprehensive Plan. -Develop better streetscapes, trees should be used to create a canopy over streets. 4 -The Plan also notes that street edges throughout the neighborhood are poorly defined. Curbing or improved shoulders are needed to improve function and appearance. The proposed improvement will address both of these issues. The proposed vacation and realignment also addresses economic development policies of Vision 2001-2020 and the Norwich Neighborhood Plan. The proposed vacation and realignment will allow the petitioner to secure the site to minimize the potential for trespass and criminal activity. and the risk of extreme damage that could result from a vehicular accident. The petitioner's site is also within state Enterprise Zone 1A. The proposed vacation and realignment will allow the Petitioner to remain at their current site and further improve their establishment. Planning Commission Discussion: During the September Planning Commission public hearing several commissioners discussed the feasibility of requiring the petitioner to construct a sidewalk along a portion of the 2500 block of Berkley Ave., SW. This would provide a connection from the sidewalk system on the proposed street segment to the existing sidewalk system on Berkley Ave.. SW. The existing sidewalk system ends approximately three lots to the east of the proposed street connection and eight lots on Berkley have no sidewalk whatsoever. There is no curb or gutter present on the 2500 block of Berkley Ave.. SW. Staff revisited the site in October and discussed curb gutter and sidewalk improvements with the City's Engineering Division. Staff recommended to the Planning Commission during the October public hearing that the petitioner provide curb, gutter, sidewalk and street trees on the proposed right-of-way to be constructed. Additional curb gutter and sidewalk on Berkley Ave., SW would be provided though the Engineering Division. This will allow for drainage and infrastructure improvements to be addressed in a more holistic manner. There was no further discussion of improvements on Berkley Ave., SW. during the hearing. Recommendation: Bya vote of 6-0, the Planning Commission recommends approval of the applicant's request to vacate the subject portions of Roanoke Avenue and Burks Street. subjeCt to the conditions listed below. The Commission further recommends that the petitioner not be charged for the property acquired, provided that the petitioner constructs and dedicates to the City a right-of-way that will connect Roanoke Avenue, S.W., to Berkley Avenue, SW. 5 A. That Ordinance No. 36461-081803, adopted by City Council on August 18. 2003. which closed by barricade a portion of Roanoke Avenue, be repealed. B. The petitioner shall construct to all applicable City standards an improved right-of-way between Roanoke Avenue S.W. and Berkley Avenue S.W. The improvements shall consist of a paved street meeting the minimum width requirements of the City's subdivision ordinance. Improvements shall also include curb, gutter, six (6) feet wide planting strip and five (5) feet wide sidewalk on each side of the pavement. A minimum six (6) inch space between the edge of right-of-way and the sidewalk on each side of the new street shall be provided. In accordance with the Norwich Neighborhood Plan, large deciduous trees, as defined by Section 36.2-642 (General Landscaping and Screening Standards), Zoning of the Code of the City of Roanoke (1979). as amended, shall be planted within the six (6) foot planting strip at thirty-five (35) foot intervals on center. C. The petitioner shall maintain the existing vegetated buffer between its operations and the Berkley Avenue, SW right-of-way as a buffer and will provide a fence on the interior edge (northern side) of the buffer to address the facility's security concerns. D. Petitioner shall provide a fire hydrant at the intersection of Burks Ave., SW and Berkley Ave, SW and shall coordinate installation of said hydrant with the Western Virginia Water Authority and City of Roanoke Fire - EMS Department. E. The petitioner 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. Such 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, dedicate additional right-of-way as identified in condition B., above. 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. F. Upon meeting all other conditions to the granting of the application, the petitioner 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 6 petitioner shall pay such fees and charges as are required by the Clerk to effect such recordation. G. Upon recording a certified copy of this ordinance with the Clerk of the Circuit Court of the City of Roanoke, Virginia, the petitioner shall file with the Engineer for the City of Roanoke. Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. H. If the above conditions have not been met within a period of two years from the date of adoption of this ordinance, then such ordinance shall be null and void with no further action by City Council being necessary. Respectfully submitted, '!0dtdd () . l~ Richard A. Rife, Chairman Roanoke City Planning Commission cc: Darlene L. Burcham, City Manager Rolanda Russell, Assistant City Manager William M. Hackworth, City Attorney Petitioner 7 I' ,¡. ..... ::··..~.::~·\i':·l "',.;..' t~ I':;:)~'i~) ~):ft·\~;~-:_ seCOND AloIENDW PETITION IN THE COUNCIL OF THE CfTY OF ROANOKE. VIRGINIA IN RE: Akzo Nobel Coatings, Inc. t(¡r rC'peal of Ordinance No. 36461-081803 and vacation ofa portion of the 2800 block of Roanoke Avenue S\\', and a portion of Burks Street SW. MEMBERS OF COUNCIL Akzo Nobel Coatings Inc. applies to have Ordinance No. 36461-081803 repealed, and p0l1ions of the 2800 block of Roanoke Avenue SW. and Burks Street in the City of Roanoke, Virginia permanently vacated, discontinued and closed, pursuant to Virginia Code Section 152-2006 and Section 30-]4, Code of the City of Roanoke (1979). as amended. These streets are more particularly described on the map attached and arc as t(¡lIows: Roanoke Avenue SW beginning at the eastern property line ofOfiicial Tax Map No. 1510407 and continuing west to its terminus at the Norfolk Southern right- of wa:-.. The pOJ1ion of Roanoke Avenue currently barricaded per Ordinance No. 36461- 081803 is within the portion of Roanoke Avenue described above. Burks Street SW beginning at Roanoke Avenue and continuing south to the northern edge of Berkley Avenue. ;..i::.~· : 1'.,L·,~·: (,,-,:~; :1 ~:,: !,~ -. í . -, " - ,,=. :~'. \, \: ~;:. I I i-,_,- _.', .". ':;~.¡.':. ,.." ..".. _'t" ..... .' 'I . .~, ":~i. -: .:' _)~; .' _ -,",f~ =--1 r- AKlO NOBEL Akzo Nobel Coatings Inc. states that thc grounds for this application are as follows: I. The landowner whose property adjoins the property to be vacated has been notificd and is in agreement with this application. In addition, there are negotiations in process between the landowner and Aho Nobel Coatings, Inc. to purchase his property pursuant to thc outcome of this petition. Norfolk Southern Railroad has becn notified of the intention of Akzo Nobel Coatings, Inc. to close a portion of Roanoke Avenue SW. It is understoud that-Norfolk Southern railroad would be granted access as needed. 2. The applicant desires to use the propelty to be vacated for the purpose of increased site security and additional safety in front of it's manufacturing facilitv. With the increased awareness ofIlomeland Security, Akzo Nobel ~ - Coatings, Inc. feels that it should be proactive and responsible duc to the nature of it's business and the large amount of flammable materials on it's site. Akzo Nobel Coatings, Inc. feels that this plan is in the best interest of the surrounding community, the City of Roanoke and itself to increasc the security of it's manufacturing location. The closing of these two sections of street will allow Akzo Nobel Coatings to completely fence in it's site, thereby increasing the security. In .. ~Jr__ AKIO NOBEL addition, the security guard service will be increased to 24 hours a day and seven days a week. This project is a continuing effort on the part of Akzo Nobel Coatings to be proactive in being a good neighbor fi)r the surrounding community and the City of Roanoke. 3. The applicant agrees to improve and dedicate to the city a segment of right-of-way to COlmect Roanoke Avenue, SW. and Berkley Avenue, SW. This portion of public street will be improved to city standards and will connect Roanoke Avenue, SW. and Berkley Avenue, SW. at the approxiinate location of Official Tax map No. 1510407. The applicant agrees to dedicate this portion of improved public street at its expense in exchange for the requested vacation of the subject portion of Roanoke Avenue. 4. The applicant agrees to leave the row of established trees facing Berkley Avenue S.W. as a barrier between the homes on Berkley Avenue S.W. and the parking lot of Akzo Nobe] Coatings Inc. The new fence to be installed would he located on the north side of the tree line, adjacent to the parking lot. 5. The applicant intends to relocate its current security gate on Roanoke Avenue to the east of its property if the right-of-way is vacated. The gate will function in the same manner as it currently does by virture of Ordinance No. 36461-08] 803. Norfolk Southern and all public utility ,. fj ~"!r'la..~ AKZO NOBEL companies will be provided access. Wherefore. Akzo ]\.'obel Coatings Inc. respectfully requests that Ordinance No. 36461-081803 he repealed, and the above described sections of Roanoke Avenue SW and Burks Street SW be vacated by the Council of the City of Roanoke, Virginia, in accordance with Virginia Code Section 15.1-364 and Section 30-14. Code of the City of Roanoke - . (979) as amended. Respectfully submitted .:S 0- yl. c,..). J , I '~ Sam N Winkler Health. Safety, Environmental, Manager Akzo Nobel Coatings, Inc. October 06, 2006 Sam N. Winkler 2837 Roanoke Avenue, SW. Roanoke, Virginia (540) 982-8301 cc: Mr. James Bray, General Manager, Akzo Nobel Coatings, lnc Roanoke, V A.. . . .. LIST OF ADJOINING PROPERTY OWNERS Official Tax No.1 Street Address Name of Property Owner Mailing Address 15104031-7, Reliance Universal, Inc. ] 431 Progress Street 1510302, 1520101, High Point, NC 27265 1510401-2 Thomas A. Phillips 749 B1uewater Drive Moneta, VA 24121 Norfolk Southern Corporation 110 Franklin Road, SW Roanoke, VA 24011 ¡' en ~ (/) - CIl CIl .... - (/) Ul .lil: .... :s: :J m 0 o/l a: CIl "C Q) :J 1ií s:: " CIl Q) '6 :; Q) > 0 c:( en 0 "C CIl Ü Q) en .lil: ãí 0 0 ~ c- O s:: iÏÍ ò: III 0 ~,... . .", a: Ii.. ~, s:: .l,.~_. 0 ''¡:: III (.) III > - CIl CIl .... - (/) ¡ , .1 ., ., , , , ~ , 1510304 r· ~ Î \ \ H--r---' --- '- Cl <t o S ;¡: a: ¡--c-\ . , \ ! LJ .--, ,. , ¡L=i I ! I I L-I , , \ \ : \ 91tOLSI \ ~ , , .S~OSI \ .. 1 L :;; tlt-OISt ZIt-DISl UNION --¡;IPOlSl ll't'DlS1 OlPOISJ 1190lS1 r' . . , . . I . . , · . . . I · ., . ." ì : I · , I· - [ r --' 60'01SI L:::j . eO.O'SI 0190lS1 :.." .. .... ...,ó.óisi:", ......: g~ glSt glSI ~ISI ~I 90t'OlSI í ~ \ \ \ , I \ \ , '-- __,....--ï 1""-1 r- 11 1\ \ \ "., . . '\ ' , ... I II I I _, II I \ ..j . II i I I II I " ,\., ,-- I I I I I! I L--.J\ , ' L__! SOt-OlSt OJ o <'>.. o· o tOt-OlSt GOISl ¡---I L..SQQoJ S I LLs, CO.OISI '. í- \ r '-- ,J \ \-Î \ \, L \. \ W , L, , , , , , \ Ii U '0 '0 ~ , '0 'ò ':<;. ,.. ..!. N I - OJ '" o en .., OJ '" o :;; <'> OJ '" o en ~ 'ß ':<;. /è90/ s/ Oè90/S, ¿''W.sL 919°'[7 SI90.J:7 '-'--.1 "9~ z~ - The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Ti~es AKZO NOBEL COATINGS. 2837 ROANOKE AVENUE, ROA~OKE VA 24015 INC. SN REFERENCE, 8014~511 9953"126 NOTICEOFPUBLICHEARIN State or Virginia City of Roanoke I, (t.he 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~- ~a. Sworn and subscribed befo:::-e me this _+ _.._.day of November 2006. ~"¡itness my hand an~iCial seal. -.. Myf-Æ!:r;4otll! otary P~liC -~3J-72ß-¿--- . PUB~I~R~D ON, 11/04 11/11 TOTAl, COST, FILED ON, ·168.80 11/13/06 - - +- I -- -- cl ,- NOTICE OF .',. , :1 "PUBLIC HEARING ,. 1 ' 'I Tht: Counci.1 of Ihe Cily of Roanok(' WIll hold il publ"c I heûring on Moncr.::l\ N()~(,lYIber 20. 2006. at 7:00 IP.IYI.. or as soon Ihereattcr as th~ Il'al:t!rmay he heard. [In the Council Chambt!r; fourth fluor. in Ihr. Noel C. Ta¥:orMuniclpûl Buildin'" 215 Church Avt!nutl. S.W~: ·Roa.nokE'. Virgïnla. to Iconslderthefoilo....in'. 1 ' ' , 1 R",quesl from Akzo NOb~1 Comings. Inc.: repreStlnled Ibv Sam N. Winkler. to perm<lnenllv vacate dl~~onlinlJe <Ind close ,1 portion oflht' 2BOObloci<.·of I R()unoke A~l·nu",. S.W.: be~innrn¡:! ,n Ihe eastern I properly line of Official Ta~ Map No. 1510407. 'and continuing W~St to lis /t&rminus ût thl'! "lorfo!k Southern ri~hl·of·w<lv: 10 permanenlly VilC.!lle. I dls~ontll'ue .1nd .close a: portion of BurksStr"et. S.W.. I oe~inning at.Rúanokc AvC'nueand continuing south Ito Ihe nortl',ern cd~e of BNkh.'v AvenUE:". S.W.: and I rt:peallng Ordinance o,¡o 364~1·081803 permanentlv I clo~lng. b~ barricade. a: , portion of Roanoke Avenue. ¡s.w.. ¡ldjilcent to Burks Slreel. continil;n~ oack to Ilt~t! Norfolk and South':!rn '. . IIglìl'o'-wa~ . . : i A C~IPY of the petition i~; I <1v:I.llable lor review in th" OHlcl:: of the City Clt'rk: 1 Rooll' 456. "-oel C. Taylor . Municlp<ll Building..215· Churcl1 A.vellue. S.W.,· Roanokl:-. VirginIa. . II All parlles in interest a~~ ciliz"ns may appeûr on th(' <lbovedmeandbeheardon I'nl:: m'l[tt:r. It vou are <I' . person wilh a disÐbililywho . I n('.ed~ accommodations for [hl~ ht:arlng. please coñtacl Ihe City Clerk'~ Offic('. ill 1853-2541. before noon on theThurSd3j·beforúthedille·· 11Itlhehearjn~liSled abov£'. . GIVEN under my hûnd this' 2nd day of o..¡o~ember 2006; I SWpl:lnie M. Moon. CMC Acting Cil~ CINk. .i9953726; -+----------- ~"t~ori~e~ {)". I Am 0(1 , n" ~lg"atule ·--~----~--t----:¡¡u~--' Billing Services Representative ~:~ ..., n , In ::-0 :y:: " (;! -"- .~, ,þ., '~, :..-." ~ r:.Á... e-.;::' \ ~ - '. :\,\v if' \ I\OTlCE OF PUBLIC HEARII\G The Council l,fthe City of Roanokc will hold a public hcaring on f'donday. '\l'\'L'mber 20. 2()Oh. at 7:1)0 p.n1.. or as soon thçrealkr as the mallcr may be heard. in thc Council Ch:llnbcr. li.lurth Ih,or. in thc ~od C. Tayll)' \1unicipal Building. 215 Church A\·ellllc. S.W.. Roanoke, Virginia. to considcr thc follcl\\ing: Rcqucst fwm Akw \J(lhd Coatings.lnc.. rcprc;çlllçd by Sam \I. \\inkkr. to pcrmancntly vacate. diseontinuc and e11.se a portion of ¡hl' 280() block of Roanoke AyClluc. S. W.. hl'ginning at the eastern propl'rty linè nfOllìeial Tax Map No. 1510-l07. and continuing II-cst to its krlllinus at till' \Jorll)1k Southern right-ol~\\-ay: tOI1L'llllanelllly \-aeatc. discLlntinue and dose a portion of Burks Strcct. S_ W.. bèginning at Roanokc A \'cnUè and continuing sl,uth 10 thl' northcrn èdgè of Berkky Avcnuc. S_W_: and repcaling Ordinance 1\0_ 3h-lÔ 1-081803 permanently clLl;ing. by barricade, a portil,n of Roanoke Avcnuç, S_W.. adjaeCllt to Burks Strçd. continuing bal'k to the J\orfolk and SOllthern righl-L)t~way A eopyofthc Pl,tition is availablè Ilx rcyil'w in thl' Ol'lieè of the City Clerk. RllLlIll-l51l, Nocl C. Taylor Municipal Building. 215 Church Aycnuc. S.\\'.. Roanoke, Virginia. All panic; in inlèröl and CilizCl1S nw." appcar on the abl'H' datl' and hè hèard on thc malllT. If you arc a Pçrs()n with a disability who nl'cds accommodations tl,r tbis hcaring, please ClllHact the City Clerk's Of11cc, at 853-25-11. bell)re noon on thc Thursday bdllre the datc Oflhl' h,'aring listed abo\-,,_ CiIVI::\J under my hand this .__z-,!_ddayof Novembern... .21)01>_ City Clerk. fi. ",( '1Ii.";·S· .'.;:/\' \, *1"1 (.(! \"11:-" ;~. 1:-"". . \ '\1'.\ 1"1: Ill:; '"I 'l."" .\II.I·Y'·~ i I( ,(' !\otiee to Publisher: Publish in the Roanoke Times onee on Saturday, November 4, 2006 and Saturday, J\ovember 11, 2006. Send affidavit to: Stephanie M. Moon, Aeting City Clerk 215 Chureh Avenue, S. W. Roanoke. Virginia 24011 (540) 853-254\ Send bill 10: Sam :'-J. Winkler, HSE Manager Akzo NobelCoalings, Ine. 2837 Roanoke Ave.. S.W. Roanoke,Virginia 24015 982-830 I CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church A.·cnue. S. Woo Room 456 Roanoke, Virginia 24011-1536 Td('phom': ¡S411 R53-2::41 Fax: (5..$0) 8~3-1J".5 E-nulil: c1erkC?t"r(l:mokcnt.gO\' SHEILA K HARTM,\~ Assislanl Cit~· nl.'rk STEI'II";>¡IF. M. \1001\, Ole ¡\l.'ling ("it)" Clerk October 26, 2006 File #51 Sam N. Winkler, HSE Manager Akzo Nobel Coatings, Inc. 2837 Roanoke Avenue, S. W. Roanoke, Virginia 24015 James Bray, General Manager Akzo Nobel Coatings, Inc. 2837 Roanoke Avenue, S. W. Roanoke, Virginia 24015 Gentlemen: Pursuant to provisions of Resolution No.2 5 523 adopted by the Council ofthe City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, November 20, 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 Akzo Nobel Coatings, Inc., that Ordinance No. 36461-081803 be repealed, and that a portion of the 2800 block of Roanoke Avenue, S. W., and a portion of Burks Street, S. W., be permanently vacated, discontinued and closed. For your information, I am enclosing copy of a report of the City Planning Commission and a notice of public hearing. 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 November 20 public hearing. Failure to appear could result in a deferral of the matter until a later date. Sincerely, ~ In, tv) ö»-n..J Stephanie M. Moon, CMC Acting City Clerk SMM:snh Enclosure " Ilt~ CITY OF ROANOKE OFFICE OF THE CITY CLERK 2IS Chllrch A ""Ill"'. S. W.. Room 456 RO:llIoke. Virgilli. 24011- 5.'6 Tl'lt'phom~: c';JO,853-15o·'1 Fax: IS4n) H5.\·1145 E-mail: c1erk(ii'l'u3nuke\'a.go\· SHEILA ~. lL\RTMA~ Assistanll"ily Ch'rk STEPHA~1E \I. MOO:". OIC Acting Cit:r Clerk October 30, 2006 Reliance Universal, Inc. 1431 Progress Street High Point, North Carolina 27265 Thomas A. Phillips 749 Bluewater Drive Moneta, Virginia 24121 Norfolk Southern Corporation Attention: Bill Title 110 Franklin Road, S. E. Roanoke, Virginia 24011 Gentlemen: Bartlett Realty Co., Inc. 460 Summer Street Stamford, Connecticut 06901 Pursuant to provisions of Resolution No.2 5 523 adopted by the Council ofthe City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, November 20, 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, 21 5 Church Avenue, S. W., City of Roanoke, on the request of Akzo Nobel Coatings, Inc., that Ordinance No. 36461-081803 be repealed, and that a portion of the 2800 block of Roanoke Avenue, S. W., and a portion of Burks Street, S. W., be permanently vacated, discontinued and closed. This letter is provided for your information as an interested property owner and/or adjoining property owner. If you have questions with regard to the 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, ~~ rn, YVL0h-J Stephanie M. Moon, CMC Acting City Clerk SMM:snh pc: Sue Snellings, President, Norwich Neighborhood Alliance, 2230 Charlevoix Court, Roanoke, VA 24015 TO THE CITY CLERK OF THE CITY OF ROANOKE. VIRGINIA PERTAINING TO THE STREET CLOSURE REQUEST OF: Akzo Nobel Coatings, Inc. for a portion of Roanoke Avenue from tax no. 1510407 to the NS right-of-way, pI. Burks SI. ) ) 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 22nd day of August, 2006, notices of a public hearing to be held on the 21st day of September, 2006, on the request captioned above to the owner or agent of the parcels listed below: Tax No. Owner Mailinq Address 1510403 Reliance Universal, Inc. through 1510407 1510302 1520101 1431 Progress Street High Point, NC 27265 1510401 1510402 Thomas A. Phillips 749 Bluewater Drive Moneta, VA 24121 1510403 Bartlett Realty Co., Inc. through 1510407 460 Summer Street Stamford, CT 06901 Notification Also Mailed to: Sue Snellings, President, Norwich Neighborhood Alliance, 2230 Charlevoix Court. 24015 7/-¡~ ¡Jd.¿¿ ,7y~ Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke. Virginia. this 22nd day of August, 2006. ~~ ~ot~~ My Commission Expires: d- &-6 -07 TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE STREET CLOSURE REQUEST OF: Akzo Nobel Coatings, Inc. for a portion of Roanoke Avenue from tax no. 1510407 to the NS right-of-way, pt. Burks St. ) ) 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 26th day of September, 2006, notices of a public hearing to be held on the 20th day of October, 2006, on the request captioned above to the owner or agent of the parcels listed below: Tax No. Owner Mailinq Address 1510403 Reliance Universal, Inc. through 1510407 1510302 1520101 1431 Progress Street High Point, NC 27265 1510401 1510402 Thomas A. Phillips 749 Bluewater Drive Moneta, VA 24121 1510403 Bartlett Realty Co., Inc. through 1510407 460 Summer Street Stamford, CT 06901 NS Right-of-way Norfolk Southern Railway Co Attention: Bill Title 110 Franklin Road, S.E. Roanoke, VA 24011 Notification Also Mailed to: Sue Snellings, President. Norwich Neighborhood Alliance, 2230 Charlevoix Court, 24015 ~~ élY~ Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public. in the City of Roanoke, Virginia, this 26th day of September, 2006. rdnda/~ ~~ Notary Public My Commission Expires: !//b/æ I ( 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, September 21,2006, 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 AkzQ Nobel Coatings, Inc., represented by Sam N. Winkler, to permanently vacate, discontinue and close a portion of the 2800 block of Roanoke Avenue, SW., beginning at the eastern property line of Official Tax Map No.1 510407 and continuing west to its terminus at the Norfolk Southern right-of-way; to permanently vacate, discontinue and close a portion of Burks Street, S.W., beginning at Roanoke Avenue and continuing south to the northern edge of Berkley Avenue, S.W.; and repealing Ordinance No. 36461- 081803 permanently closing, by barricade, a portion of Roanoke Avenue, S.W., adjacent to Burks Street, continuing back to the Norfolk and Southern right-of-way. 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, September 5 and 12, 2006 Please bill: Sam Winkler Akzo Nobel Coatings, Inc. Roanoke, VA 24015 (540) 855-3302 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 Ol<'FICE OF THE CITY CLERK 215 Church ..henue. S. W., Room 456 Roanoke. Virginia 241111-15.'6 Tl'Il'phonc: 1:,411 8='.\·25-11 Fax: (5-10) R5.'-114S E-mail: ch.·rk(i'!'rmmoke\a.go\' SHEILA :\. H,.\RT:\IAl\" As~islanl City Ch'rk STEPII.\~IE :\1.1\1( »ON. CI\.lC ,\dinJ,.: Cit)" Clerk October 9, 2006 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 a Second Amended Petition received in the City Clerk's Office on October 9, 2006, from Akzo Nobel Coatings, Inc., requesting that Ordinance No. 36461-081803 be repealed and that a portion of the 2800 block of Roanoke Avenue, S. W., and a portion of Burks Street, S. W., be permanently vacated, discontinued and closed. Sincerely, ~M.~~ Stephanie M. Moon, CMC Acting City Clerk SMM:snh Enclosure pc: Sam N. Winkler, HSE Manager, Akzo Nobel Coatings, Inc., 2837 Roanoke Avenue, S. W., Roanoke, Virginia 24015 James Bray, General Manager, Akzo Nobel Coatings, Inc., 2837 Roanoke Avenue, S. W., Roanoke, Virginia 24015 The Honorable Mayor and Members of the Roanoke City Council Susan S. Lower, Director, Real Estate Valuation Martha P. Franklin, Secretary, City Planning Commission Philip C. Schirmer, City Engineer William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney ~7- AKZO NOBEL .; :-";,; . !. 1 ,....<,;: >,~ "',,:.! SECOND AMENDED PETITION IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA I\J RE: Akzo :Nobel Coatings, Inc. tor repeal of Ordinance No. 36461-081803 and vacation ofa portion of the 2800 block of Roanoke Avenue SW. and a portion of Burks Street SW. MEMBERS OF COCNCIL Akzo Nobel Coatings Inc. applies to have Ordinance No. 36461-081803 repealed, and portions of the 2800 block of Roanoke Avenue SW, and Burks Street in the City of Roanoke. Virginia permanently vacated, discontinued and closed, pursuant to Virginia Code Section 152-2006 and Section 30-14. Code of the City of Roanoke (1979), as amended. These streets are more particularly described on the map allached and are as follows: Roanoke Avenue SW beginning at the eastern property line of Official Tax Map No. IS] 0407 and continuing wcst to its terminus at the Norfolk Southern right- of way. The pOltion of Roanoke Avenue currently barricaded per Ordinance No. 36461- 081803 is within the portion of Roanoke Avenue described above. Burks Street SW beginning at Roanoke Avenue and continuing south to the northern edge of Berkley A venue. f\L~f Noh,· C(¡<lIiJlg~ Jill", 2g)7 l~tJ.lIHlkt.' .\\'.'.. S.\\'. P,(), Ikl\ ·lk~7 R,llolll/)k<,. V,\ 2 III I r¡-nl.:.!:- h-1. !)-1-1l1 (¡g.l H :lll f,\\ ()·11l1 ~·u- ~:;(d ~fJ_ , , AKZONOBEL Akzo Nobel Coatings Inc. states that the grounds for this application are as follows: 1. The landowner whose property adjoins the property to be vacated has been notified and is in agreement with this application. Tn addition, there are negotiations in process between the landowner and Akzo Nobel Coatings, Inc. to purchase his property pursuant to the outcome of this petition. Norfolk Southern Railroad has been notitied of the intention of Akzo Nobel Coatings, Inc. to close a portion of Roanoke Avenue SW. It is understood that Norfolk Southern railroad would be granted access as needed. , The applicant desires to use the property to be vacated for the purpose of increased site security and additional satety in tront of it's manufacturing tàcility. With the increased awareness of Homeland Security, Akzo Nobel Coatings, Ine. teels that it should be proactive and responsible due to the nature of it's business and the large amount oftlammable materials on it's site. Akzo Nobel Coatings, Inc feels that this plan is in the best interest of the surrounding community, the City of Roanoke and itself to increase the security of it's manufacturing location. The closing of these two sections of street will allow Akzo Nobel Coatings to completely fence in it's site, thereby increasing the security. In ~fì ,7 AKZO NOBEL 1 addition, the security guard service will be increased to 24 hours a day and seven days a week. This project is a continuing effort on the part of Akzo !\iobel Coatings to be proactive in being a good neighbor for the surrounding community and the City of Roanoke. 3. The applicant agrees to improve and dedicate to the city a segment of right-ot:way to connect Roanoke Avenue, SW. and Berkley Avenue, SW. This portion of public street will be improved to city standards and will connect Roanoke Avenue, SW. and Berkley Avenue, SW. at the approximate location ofOtlieial Tax map No. 1510407. The applicant agrees to dedicate this portion of improved public street at its expense in exchange for the requested vacation of the subject portion of Roanoke A venue. 4. The applicant agrees to leave the row of established trees facing Berkley A venue S. W. as a barrier between the homes on Berkley A venue S. W. and the parking lot of Akzo Nobel Coatings (nc The new fence to be installed would be located on the north side of the tree line, adjacent to the parking lot. 5. The applicant intends to relocate its current security gate on Roanoke Avenue to the east of its property if the right-of-way is vacated. The gate will function in the same manner as it currently does by virture of Ordinance No. 36461-081803. Norfolk Southern and all public utility ==TJ, i AKZO NOBEL companies will be provided access. Wherefore, Akzo Nobel Coatings Inc. respectfully requests that Ordinance No. 36461-081803 be repealed, and the above described sections of Roanoke Avenue SW and Burks Street SW be vacated by the Council of the City of Roanoke, Virginia, in accordance with Virginia Code Section 15.] -364 and Section 30-14, Code of the City of Roanoke (1979) as amended. Respectfully submitted .:So-. t1. ~...., I ~ Sam N Winkler Health, Safety, Environmental, \1anager Akzo Nohel Coatings, Ine. Oetober 06, 2006 Sam N. Winkler 2837 Roanoke Avenue, SW. Roanoke, Virginia (540) 982-8301 ec: Mr. James Bray, General Manager, Akzo Nobel Coatings, Inc Roanoke, VA.. LIST OF ADJOINING PROPERTY OWNERS Official Tax No.1 Street Address Name of Property Owner Mailing Address 15104031-7, Reliance Universal, Inc. 1431 Progress Street 1510302,1520101, High Point, NC 27265 1510401-2 Thomas A. Phillips 749 BJuewater Drive Moneta, VA24121 Norfolk Southern Corporation 110 Franklin Road, SW . Roanoke, VA 24011 :;; :i en .... 1II 1II ... - en Ul .;,e. ... ::::I CD oð 1II ::::I s::: 1II > < 1II .;,e. o s::: I'll o II: ~ q a: "C Q) co u 'õ Q) o "C Q) <Il 1D 0 ~ g- oo à: Q) :; <Il o Ü ~"". ... :" ".;: 00.. .1. s::: o +:: I'll U I'll > - 1II 1II ... - en \ ~" , r \ _, 1510304 \0. ~ -l I i I I i ,------~--'---- "I , g,OO/SI ' , , "" ¡---.J S ' ' '~O'S i , ' L \ ClPOtSt UNION è't>Q/SI ltMtst OI.O,S, 60>Q,S, Si o a: --' ;¡' a: ¡-----~\ J ___J I ' , ' I ' l~---j r--' \ \ , I , ' L----..! ~--1 \ . \ L____ ~---, \ \ I I I I ___I ï.--~-- \ L, , , \ I , I , , \ ' l " ' , , -----' -------- "N 'if, " '" ~ ------<.--: r-l 1- "" "\ I 'i" . II I \1 \" i ____.I \ \ I \ \ . 1,\" , I . I I I L____ I I I \ "\' : L-:....~\ .L , 1 , , L__...J ~~~ I L, rJ ¡-\I I \ ___.----J \ ' L ~ 0 <0 LS <0 lþ < <"2l q. "> C\I ..!. ,... I - z~ - , CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church ,\\'el1uo. S.W. Room 45(, ROéUlOkc, Virginia 2401 1-1536 T(:lcphonl': 15·1f11 ~53-~5.. 1 Fax: (5-10, l'l5::·! 145 I ~-lllail: ~'kr" ({: ci.r0unükl' .\·a.ll.~ STEPHANIE M. MOO:-l. <:\1<: Deputy City Clerk :\-JARY ¡.: PARKER. ('.:\ole ell)' Clerk . August 1, 2006 File #514 SHEILA :\. HARTMA:-I As~i.~t..m[ Clly Clerk Richard A. Rife, Chair City Planning Commission 1326 Grandin Road, S. W. Roanoke, Virginia 2401 5 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 Amended Application received in the City Clerk's Office on August 1, 2006, from Akzo Nobel Coatings, Inc., requesting that Ordinance No. 36461-081803 be repealed and that a portion of the 2800 block of Roanoke Avenue, S. W., and a portion of Burks Street, S. W., be permanently vacated, discontinued and closed. Sincerely, /} f\ ~ -J r CM-kJ Mary F. Parker, CMC City Clerk MFP:ew Enclosures pc: Sam N. Winkler, HSE Manager, Akzo Nobel Coatings, Inc., 2837 Roanoke Avenue, S. W., Roanoke, Virginia 24015 James Bray, General Manager, Akzo Nobel Coatings, Inc., 2837 Roanoke Avenue, S. W., Roanoke, Virginia 24015 The Honorable Mayor and Members of the Roanoke City Council Susan S. Lower, Director, Real Estate Valuation Martha P. Franklin, Secretary, City Planning Commission Philip C. Schirmer, City Engineer William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney J. Frederick Gusler, City Planner II L \CLERK,n^TA\("IŒW1\Rr:.7.Ql\I~(¡ Af'D STREETCtOSI:RF;·Rez¡'nings - StR"::1 Alley l"''',slrcct and a11c:y clll5urn\Roanokc AV and nurks 51 '"acatioll amemllllcm a.....:. ,fj~ , , w AKlO NOBEL .~ _r.',:;' .....J Coatings Division FIRST &~EKDED PETITIO~ IN THE COCl\'CIL OF THE CITY OF ROANOKE. VIRGII'\IA IN RE: Akzo Nobel Coatings, Inc. for repeal of Ordinance No. 36461-081803 and vacation ofa portion of the 2800 block of Roanoke Avenuc SW, and a portion of Burks Street SW. MEMBERS OF COCNCIL Akzo Nobel Coatings Inc applies to have Ordinance No. 36461-081803 repcaled, and portions ofthc 2800 block of Roanoke Avenue SW, and Burks Street 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. These streets are more particularly described on the map attached and are as tallows: Roanoke Avenue SW beginning at the eastern property line of Official Tax Map No. 15] 0407 and continuing west to its ternlinus at the Norfolk Southern right- of way. The portion of Roanoke Avenue currently barricaded per Ordinance No. 36461- 081803 is within the portion of Roanoke Avenue described above. Burks Street SW beginning at Roanoke Avenue and continuing south to the ~ northern edge of Berkley A venue. Akzo NObel Coatings Inc. 2837 Roanoke Ave.. S.w. P.O. Box 4627 Roanoke, VA 24015·0627 Tel. 15401 982·8301 FAX 15401343-3863 ~Jï l AKlO NOBEL :>. The applicant agrees to improvc and dedicate to the city a segment of right-of-way to connect Roanoke Avenue, SW. and Berkley Avenue, SW. This portion of public street will be improved to city standards and will connect Roanoke Avenue, SW. and Berkley Avenue, SW. at the approximate location ofOtlicial Tax map ~o. 1510407. The applicant agrees to dedicate this portion of improved public street at its expense in exchange for the requested vacation of the subject portion of Roanoke Avenue. 4. The applicant intends to relocate its current security gate on Roanoke Avenue to thc cast of its property ¡fthe right-ot:way is vacated. The gatc will function in the same manner as it currently does by virture of Ordinance No. 3646 J -081803. Norfolk Southern and all public utility companies will be provided access. ~fJ ,7 AKZO NOBEL l Wherefore, Akzo ~obel Coatings Inc. respectfully requests that Ordinance No. 36461-08] 803 be repealed, and the above described sections of Roanoke Avenue SW and Burks Street SW be vacated by the Council of the City of Roanoke, Virginia, in accordance with Virginia Code Section 15.1-364 and Section 30-14, Code of the City of Roanoke (1979) as amended. Respectfully submitted ~·o.-I'l. ~ Sam N Winkler Health, Safety, Environmental, Manager Akzo Nobel Coatings. Inc. July 24, 2006 Sam N. Winkler 2837 Roanoke Avenue, SW. Roanoke, Virginia (540) 982-830 I cc: Mr. James Bray, General Manager, Akzo Nobel Coatings, Inc Roanoke, V A.. ------ ~ o ~ ~ on on ~ ~ - -- - o ..;- en C en o,::t:. .- .... -~ ~al ~oð -Q) Q) > Q)e:( .... -Q) en,::t:. o C ro o 0::: "';-.'.:!'~~'. ......., o ~ o ~ o N on ~ ~ o M o ~ on ~ [,1ST OF ADJOINING PROPERTY OWNERS Official Tax No.! Street Address Name of Property Owner Mailing Address 15104031-7, Reliance Universal, Inc. 1431 Progress Street 1510302, 1520101, High Point, NC 27265 1510401-2 Thomas A. Phillips 749 Bluewater Drive Moneta, VA24121 Please note' Reliance Universal was purchased by Akzo in 1989. In 1991 Akzo and Nobel merged and became Akzo Nobel. The correct name for Reliance Universal should be Akzo Nobel Coatings, Inc. LIST OF ADJOINING PROPERTY OWNERS Official Tax No.1 Street Address Name of Property Owner Mailing Address 15104031-7, Reliance Universal, Inc. 143 1 Progress Street 1510302,1520101, High Point, NC 27265 1510401-2 Thomas A. Phillips 749 Bluewater Drive Moneta. VA24121 .~.. -..-.w....._... CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue. S.W., Room 456 Roanoke, Virginia 240] 1-1536 T.I.pho",: (540) 853-2541 Fax: (5401853·1145 [-mail: c1crk@cLroanokc.va.us ~AR\' .'. PARKER, clIle Ci.yClerk August 25, 2003 File #514 STEPIIANIE Ill. IIlOUN Deputy City Clerk SHEilA ~. HARTIIlAI< Assistant City Clerk Mr. Samuel N. Winkler Akzo Nobel Coatings, Inc. 2837 Roanoke Avenue, S. W. Roanoke, Virginia 24014 Dear Mr. Winkler: I am enclosing copy of Ordinance No. 36461-081803 permanently closing, by barricade, a portion of Roanoke Avenue, S. W., adjacent to Burks Street, continuing back to the Norfolk and Southern rail tracks, subject to certain conditions; and dispensing with the second reading by title of the ordinance. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 18, 2003, and is in full force and effect upon its passage. Sincerely, ~ Y"Y't. Y"Y)þ~ Stephanie M. Moon Deputy City Clerk SMM:ew Enclosure H·\Ag~f!oa.03\Aug¡.SI 16, 2003 corre~DOI"Ideoct.wod ..~~_.__..__._-- .. ......~~._----.............~... Mr. Samuel N. Winkler August25,2003 Page 2 pc: Ms. Peggy Blankenship, Norwich Neighborhood Alliance, 2316 Russell Avenue, S. W., Roanoke, Virginia 24015 Ms. Lisa Graham, 2230 Roanoke Avenue, S. W., Roanoke, Virginia 24015 Ms. Sue Snelling, 2230 Charlevoix Court, S. W., Roanoke, Virginia 24015 M. J. Wheeler, Superintendent, Norfolk Southern Corporation, 110 Franklin Road, S. E., Roanoke, Virginia 24042-0053 Robert B. Manetta, Chair, City Planning Commission, 2831 Stephenson Avenue, S. W., Roanoke, Virginia 24014 Darlene L. Burcham, City Manager Susan S. Lower, Acting Director of Real Estate Valuation Steven J. Talevi, Assistant City Attorney Philip C. Schirmer, City Engineer Martha P. Franklin, Secretary. City Planning Commission H·\Ät'N!"'da.03\AuCI.:SI18.:2003çcrre&øonaeflœwpd ~~~ f\'t ....iiJ:.... _,J....., IN THE COlTNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of August, 2003. No. 36461-08]803. A"!\I ORDINANCE authorizing the alteration and closing by barricade of certain public right-of-way in the City of Roanoke, Virginia, subject to certain conditions; and dispensing with the second reading of this ordinance by title. WHEREAS, Akzo Nobel Coatings, Inc. filed an Application to the Council of the City of Roanoke, Virginia, in accordancc with law, requcsting the Council to alter and close by barricade the public right-of-way, subject to certain conditions; as are more particularly described hereinafter; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerncd as required by §30-] 4, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its reconmlendation to Council; and WHEREAS, public hearing was held on such application by the City Council on August] 8,2003, aJìer due and timely notice thereof as required by §30- 14, Code of the City of Roanoke (I 979), as amendcd, at which hearing all parties in interest and citizens were afforded an opportunity to be heard On such Application; and WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closure by barricadc of the subject public right-of-way have becn properly notified; and CITY OF ROANOKE OFFICE OF THE CITY CLERK 21:) Church A\'ellu~. S.\\'.. ROlllll 45(1 Roanokt:'. Virginia 2401 1-1536 Tvlt-plll'lh':: r;i·1Ui >-.<;.; ~5·~1 hiX: 1:'i4() , ~:".~ 1 ¡4:, I--:-:n'lil. I.:krj,;l?!'ci rfl:lI1(lk~' \"<I.ll\' STEPIL\/\IE M. \[(){)/\. OJ(: IJcpllt) Cil~ Ck,.i\ MAH\' I'. "ARKER. nil" City (:krk July 26, 2006 SHEIL\' 'I. HARDIA/\ A......¡.'t:'rIÎ CIty C:('~~: File #514 Richard A. Rife, Chair City Planning Commission 1326 Grandin Road, S. W. Roanoke, Virginia 24015 Dear Mr. Rife: Pursuant to Section 30-14, Procedure for altering or vacating City streets or alleys; fees therefor, of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of an application received in the City Clerk's Office on July 26, 2006, from Akzo Nobel Coatings, Inc., requesting that a portion of the 2800 block of Roanoke Avenue, S. W., and a portion of Burks Street, S. W., be permanently vacated, discontinued and closed. Sincerely, ~t.,~ (Y¡, ~O&w Stephanie M. Moon, CMC Deputy City Clerk SMM:ew Enclosures pc: Sam N. Winkler, HSE Manager, Akzo Nobel Coatings, Inc., 2837 Roanoke Avenue, S. W., Roanoke, Virginia 24015 James Bray, General Manager, Akzo Nobel Coatings, Inc., 2837 Roanoke Avenue, S. W., Roanoke, Virginia 24015 The Honorable Mayor and Members of the Roanoke City Council Susan S. Lower, Director, Real Estate Valuation Martha P. Franklin, Secretary, City Planning Commission Philip C. Schirmer, City Engineer William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney J. Frederick Gusler, City Planner II l.:\(·LI:R;~ p.\"1 ~\("¡":EWj II.EilJ~,[\'(:' .J¡f\:I' 50 110'1-1 C:1.(1sr:r:E·R..:.).'I·lng~ _ S'r~": '\'Iky ;'1> .,II..:~t ;,¡:;j l:1ey d·)5~r({·H.;·~ll,.'k,· .\\ ::a,! 1~~lks s: \".''':::"¡''I; .:..~ --=fL . ~,. AKlO NOBEL Coatings Division IN TITE COUNCIL OF TITE CITY OF ROANOKE, VIRGINIA IN RE: Akzo Nobel Coatings, Inc. for vacation ofa portion of the 2800 block of Roanoke Avenue SW, and a portion of Burks Street. S.W. \1EMBERS OF COUNCIL: Akzo :-.lobel Coatings Inc. applies to have a portion of the 2800 block of Roanoke A venue and a portion of Burks Street 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. These streets are more particularly described on the map attached and are as t<Jllows: Roanoke Avenue, SW, beginning at the eastern property line orOtlicial Tax Map No. 1510407 and continuing west to its terminus at the Norfolk Southern right-of- way. Burks Street. SW, beginning at Roanoke Avenue and continuing south to the northern edge of Berkley Avenue. .~ Akzo Nobel Coatings Ine. 2837 Roanoke Ave.. SW. P.O. 80x 4627 Roanoke. VA 24015-0627 Tel. 15401 982-8301 FAX 15401343-3863 47 ~ AKZO NOBEL Akzo Nobel Coatings Inc. states that the grounds for this application are as follows: I. The landowner whose property adjoins the property to be vacated has been notified and is in agreement with this application. In addition, there are negotiations in process between the landowner and Akzo Nobel Coatings, Inc. to purchase his property pursuant to the outcome of this petition. 2. The applicant desires to use the property to be vacated for the purpose of increased site security and additional safety in front of its manutàcturing tàeility. With the increased awareness of Homeland Security, Akzo Nobel Coatings, Inc. feels that it should be proactive and responsible due to the nature of its business and the large amount of flammable materials on its site. Akzo Nobel Coatings, Inc. feels that this plan is in the best interest of the surrounding community, the City of Roanoke and itself to increase the security of its manufacturing location. The closing of these two sections of street will allow Akzo Nobel Coatings to completely fence in its site, thereby increasing the security. In addition, the security guard service will be increased to 24 hours a day and seven days a week. This project is a continuing efTort on the part of Akzo Nobel Coatings to be proactive in being a good neighbor for the surrounding community and the City of Roanoke. ~f~ l AKZO NOBEL Wherefore. Akzo Nobel Coatings Inc. respectfully requests that the above described sections of Roanoke Avenue, SW, and Burks Street, S.W, be vacated by the Council of the City of Roanoke, Virginia, in accordance with Virginia Code Section 15.2-2006 and Section .10-14, Code of the City of Roanoke ( 1979) as amended. Respecttùlly submitted Sc:-. y{ D~~ Sam!\: Winkler, HSE Manager, Akzo Nobel Coatings, Inc. Roanoke, Virginia July 26, 2006 Name Sam Winkler Address 28.17 Roanoke Avenue SW Roanoke, V A Phone Number (540) 855-3302 cc Mr James Bray General Manager Akzo Nobel Coatings. Inc. Roanoke, V A I I I I I I L._.. J,J3H1SNOINn // . CD c E 0"1 C"l "(5 0 .S .f: .D "'C ~ ...... 0 L ~ 0 ~ ~ L ~~ .3.3....1.c.;;; ~-" ",g-g uu (/) (J)oE"'C..c .£0';;;"'''' ~o cn~ _ c..Cl <l.> +-' en ::J :J Q.l (jI._ 0 0'1..0 (/) C Q) ::J ccu0a..-..lO __0'10 00;';::'-0. L__Cc...O..c E E _ 0,- u 0 c·- a. L Cl.l o û) ..c +-' 0 Ul'- 0 L tIlO(/)Q.Q)..c::+-'° I.... en (I} 3: <{CD<{ ":: ..... N I") ...,.. ll) CD CO 0 t'") ro 0 ...............N <{ )! ! I / .// __~.! {I --... ~..... ' .... ...... ! ! -;J t .~_::::: ---- ----. / I ~ H:B.fH#' --.! ¡ / ~ ~_ ''0{' Ib . ---- ,/;; I ~ S - ---If I <l ~ ' f ' .J \----fiJ ! ¡ ¡ <t ¡ f---II ¡ >-a~,,--~----- í I I "WA _J I ; """,, """" ........ "\ . "r ¡ -I II i I I ~! ,Ii I: ~~:g ß!l"i5 ; ~5f~ . I ð-c~ IUl..!~ l¡j~~ ~ðw : I 'CI:~ .o"'z I!;!~· <N~ I J~JJ, I' I !~¡I I 1.;1 I j!!1! ·I'·i'! . ilil s:,':d' §llil . ....L ,~i!li, LIST OF ADJOI!\'lI\C PROPERTY O\\'NERS Official Tax '\o.! Slreel Address l\ame of Property Owner Mailing Address ] 51 U-I031-7. Rdianœ Universal. Inc. 143] Progress Street 1510302, 1520 I 0 I. lIigh Point. NC 27265 ] 51 U4U 1-2 Thomas A. Phillips 749 B1uewater Drive \1onela. V A 24121 · CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church A \·cn1lc. S. Woo Room 456 Roanoke. Virgini" 2401l·1536 Telt',hont': (S4018,53-1.:o;.,IJ F3X: (S4018S,J-ll-lS E-mail: dl·rk<!~"nJlln(kl'\·U.g()\· SIIEILA N. JI..\RnIAN Assisl:ml City Ch'rk STEI'HA~IE M. ~IOO~. eMe :\cting Cit}' f'Il'rk November 22, 2006 File #51 John H. Lipscomb, Member L & M Properties, LLC 3330 Hollins Road, N. E., Suite A Roanoke, Virginia David A. McCray, Member L & M Properties, LLC 3330 Hollins Road, N. E., Suite A Roanoke, Virginia Gentlemen: I am enclosing copy of Ordinance No. 37626-112006 rezoning a portion of Official Tax No. 3130301 from 1-1, Light Industrial District, to RM-l, Residential Mixed Density District, and repealing existing conditions on an approximately 6,957 square foot portion of the property, as set forth in the First Amended Petition to Rezone and Remove Proffered Conditions filed by L & M Properties in the Office of the City Clerk on September 14, 2006. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting, which was held on Monday, November 20, 2006, and is in full force and effect upon its passage. Sincerely, , 0· fYJ d7M.J Stephanie M. Moon, CMC Acting City Clerk SMM:ew Enclosure John H. Lipscomb David A. McCray November 22, 2006 Page 2 pc: Hollins Road Warehousing, LLC, 3330 Hollins Road, N. E., Roanoke, Virginia 24012 Mignon, LLC, 2729 Plantation ROad, N. E., Roanoke, Virginia 24012 Ms. Michelle Lynn Jarels, 2828 Hancock Street, N. E., Roanoke, Virginia 24012 Witt Properties, LLC, 2009 Williamson Road, N. E., Roanoke, Virginia 24012 Mr. Scott A. Barnes, 2828 Hollins Road, N. E., Roanoke, Virginia 24012 Mr. and Mrs. David Hedge, 2814 Ridgefield Street, N. E., Roanoke, Virginia 24012 Mr. and Mrs. Michael Parks, 1617 Lovers Lane, Vinton, Virginia 24179 Mr. Daulton P. Patterson, 2806 Ridgefield Street, N. E., Roanoke, Virginia 24012 Mr. and Mrs. Robert Overstreet, 2825 Hancock Street, N. E., Roanoke, Virginia 24012 Mr. Jeffrey W. Niday, 718 Mississippi Avenue, N. E., Roanoke, Virginia 24012 Mr. and Mrs. Robert Divers, 634 Fernwood Drive, Salem, Virginia 24153 Mr. Robert Divers, 722 Pearl Avenue, N. E., Roanoke, Virginia 24012 Mr. and Mrs. Rocklyn Bryan, 3005 Shenandoah Valley Avenue, N. E., Roanoke, Virginia 24012 R. A. Howard Construction Corporation, P. O. Box 12184, Roanoke, Virginia 24023 Ms. Glenda M. Snyder, 5986 Springwood Road, Buchanan, Virginia 24066 Roanoke Mental Hygiene Service, 301 Elm Avenue, S. W., Roanoke, Virginia 24016 Mr. Gerald W. Palmer, Jr., and Ms. Brandy Allred, 2820 Ridgefield Street, N. E., Roanoke, Virginia 24012 Trustees of Spirit of Liberty Worship, 2921 Hollins Road, N. E., Roanoke, Virginia 24012 Interstate Brands Corporation, P. O. Box 419627, Kansas City, Missouri 64141 Mr. and Mrs. Russell Carter, 2817 Ridgefield Street, N. W., Roanoke, Virginia 24012 John H. Lipscomb David A. McCray November 22, 2006 Page 2 pc: Norfolk Southern Corporation, Attention: Mr. Bill Title, 110 Franklin Road, S. E., Roanoke, Virginia 24011 Turner Associates, P. O. Box 7141, Roanoke, Virginia 24019 Mr. Richard Hendrick, 933 Missouri Avenue, N. E., Roanoke, Virginia 24012 Susan S. Lower, Director, Real Estate Valuation Martha P. Franklin, Secretary, City Planning Commission Philip C. Schirmer, City Engineer Steven J. Talevi, Assistant City Attorney /v^' 7~~ IN THE COU:--JCIL OF THE CITY OF ROAì\ÜKE, VIRGI:--JL\ The 20th day of November, 2006. No. 37626-112006. AN ORDINA:\CE to amcnd §36.2-100, Code of the City of Roanoke (11)79). as amend"d. and the Official Zoning Map, City of Roanoke, Virginia, dakd Deccmher 5, 2005, as amendcd, by repealing Ordinance 1\'"0.36488-091503. to the cxtent that it placed certain conditions on a portion of Official Tax :\0. 313030 I; and rezoning certain property within the City, from 1-1, Light Industrial District, to IZ-l\1-1, Residential Mixed- Density District; and dispensing with the second reading of this llnlinance by litle. WHEREAS, L & M Properties, LLC. has filed an application to the Council of the City of Roanoke to repeal cerlain conditions presently binding upon a portion of a tract of land described as Oflicial Tax :'\fa. 313(30), which property was previously conditionally rezoncd by the adoption of Ordinance No. 3648S-091503, adopted Scptember 15, 2003, and to rezone that tract of land designated on the Official Zoning Map. City of Roanoke, Virginia, dated December 5, 2005, as amended, as 011ìëial Tax No. 313030 I, from I-I, Light Industrial District, to R.\1- I, Rcsidential .'vIixed Dcnsity District; WHEREAS. the City Planning Cl1mmission, atier giving proper notice to all concerned as required by §36.2-540, Code of the City of Roanokc (1979), as amcnded, and alier conducting a public hearing on lhe matter, has made its recommendation to City Council; WHEREAS, a public hearing was held by City Council on such application at its mccting on Ì'ioyember 20, 2006, after due and timely notic" thereof as requircd by §36.2- 5-10. Code of the City of Roanoke (1979), as amended, at which he.u·ing all parties in interest ami citizèlls were given an opponllllity to bè heard. both for and against the proposed amendment: and WHEREAS, City Council, after considcring the aforesaid application, thè r~eommendation made to City C,'uncil by thc Planning Commission. the City's Comprehcnsive Plan. and the matters prescnted at the public hëaring, Ends that the public nècessitv, convcnience, "èneral \\'èlfare and !Lood wnin>( practice, require the rezollin~ of " t::: ........ .... the subject property, and for those reasons, is of the opinion that the hereinafler described property should be rez.olled as herein provided. THEREFORE, BE IT ORDAINED bv the Council of the City of Roanoke that: - - 1. Section 36.2-100, Code of the City of Roanokc (\979), as amcnded. and the Of1ìcial Zoning ~Iap. City of Roanoke, Virginia, dated December 5, 2005, as amended. be amended to relleci that a ponion of Official Tax NO.3] 3030] be rczoned from 1-1, Light Industrial District, to Rl\1-I, Residelltial :\Iixed Density District, and to repeal the existing conditions on an approximately 6,957 square loot portion of the propeny, contained in the First A1nènded Petition to Rczone and Remove Proffered Conditions filed by L &.'vl Prop~rties, LLC, in the Offiœ of the City Clerk on September 14, 2006. 2. Pursuant to the provisions of ~ 12 of the City Charter, the second reading of this ordinance by title is hereby dispënsed with. ATTEST: 1J;¡J~ In, IY) DO'tV Stephanie ~1. Moon, C~'IC Acting City Clerk. ·\n'hih'('lIr:11 Kl'\ic" Hn;II'd 1'1I:lrcl nl" Zllnin~ AlP'·:II.; 1·1:lnllin:.:("..nmi.'i~iun CITY OF ROANOKE PLANNING BUILDING AND DEVELOP\1ENT 215 ehlln'h Awnlle. S.W., Room 166 Roanoke. Virginia 24011 Tdephone: (540) 85.'-11.'0 Fax: (540,85.'-12.'0 E-mail: planning(qìcLrmtnnkt...\.a.us November 20, 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 L & M Properties. LLC, to rezone a portion of Official Tax Map No. 3130301, 728 Wertz Road, N.E., from 1-1. Light Industrial District, to RM-1, Residential Mixed Density District. and to repeal the existing conditions on a portion of the property, for the purpose of returning the portion of the subject property to its original use as a residential dwelling Planning Commission Action: Planning Commission public hearing was held on Friday, October 20,2006. There was no one present to speak in favor of or against the proposed rezoning. By a vote of 6-0 (Mr. Williams absent). the Commission recommended that City Council approve the request. Background: The petitioner owns property (Official Tax No. 3130301) located in the Hollins neighborhood at 728 Wertz Road, N.E.. which is zoned 1-1 (c), Light Industrial District, with conditions. The owner wishes to rezone a 6,957 square foot portion of the property. identified as Lot A on Exhibit C of the petition. to RM-1, Residential Mixed Density District. to permit the subdivision of an existing single-family residence. The owner also wishes to repeal the proffered conditions from Lot A. The property currently contains large industrial buildings and associated parking facilities, enclosed in a chain link fence. Just outside of this fence is a detached single- family dwelling of frame construction in the Minimal Traditional style. The development plan calls for the subdivision of the dwelling onto its own parcel. 1 The Petition to Rezone was filed on August 22, 2006. This petition was amended and filed on September 14, 2006. to address specific staff comments. Considerations: Surroundinq Zoninq Districts and Land Uses The subject property is located in the Hollins neighborhood bound by Hollins Road. N.E., Pearl Avenue, N.E., Norfolk Southern Railway Company's (NSRC) right-of-way and Wertz Road, N.E. It is currently zoned 1-1 (c), Light Industrial District, with conditions. Immediately surrounding zoning and land use is as follows: · 1-1, Light Industrial District, is located to the north across Pearl Avenue, N.E., and to the west across NSRC's right-of-way. The property to the north is a mixture of vacant lots and detached single-family dwellings. Official Tax No. 3130504 is also located to the north which was part of the original rezoning of this property and is still subject to the proffered conditions. The property to the west is utilized for industrial purposes. · RM-1, Residential Mixed Density District, is located to the south across Wertz Road. N.E. and along Ridgefield Street, N.E. This area primarily consists of detached single-family dwellings. Lot A directly abuts this zoning district. · IN, Institutional District. is located to the east across Hollins Road, N.E., and contains a detached single-family dwelling on 4.7 acres. Compliance with the Zoninq Ordinance The subject property was originally rezoned along with Official Tax Nos. 3130504 and 3130312, by Ordinance No. 36488 adopted September 15. 2003, from HM, Heavy Manufacturing District. to LM(c), Light Manufacturing District, with conditions for the creation of a distribution center. As part of the comprehensive rezoning adopted by City Council on December 5,2005, the subject property was rezoned from LM(c). Light Manufacturing District, with conditions to 1-1 (c), Light Industrial District. with conditions. The conditions proffered during this rezoning are as follows: 1. The subject properties shall be for only the LM permitted uses: a. Trade and vocational schools of an industrial nature. b. Day care centers with unlimited capacity subject to the requirements of section 36.1-510 et seq. c. Post offices. d. Laboratories and testing facilities not accessory to a specific use including photographic laboratories, industrial testing facilities and similar uses. e. General storage and warehousing establishments engaged in the storage of miscellaneous merchandise not for sale on the same premises. f. Mini-warehouses. g. Establishments engaged in the wholesale distribution of goods. 2 h. Recycling establishments limited to the processing of paper and plastic products, glass, aluminum, food and beverage containers, oils and batteries, where all activities and storage are wholly enclosed in a building. i. Manufacturing establishments primarily engaged in the manufacture, assembly, mixing, processing or other processes related to the creation of new products and including as an accessory use, the retail sale of goods manufactured on the premises. are wholly enclosed in the building. j. Tractor trailer depots and repair facilities. k. Plant nurseries and greenhouses including those with retail safes on the premises. I. General services establishments primarily engaged in the repair or maintenance of goods or items including automobiles. trucks, construction equipment and the provision of business services provided all repair and maintenance activities are wholly enclosed in a building and provided that the gross floor area of all new buildings for such uses is not less than five thousand (5.000) square feet. m. Establishments engaged in the retail sale of building or construction supplies and equipment provided the gross floor area of such buildings is not less than twenty thousand (20,000) square feet. n. Commercial printing establishments which print newspapers, publications, and other materials. The petitioner requests that these proffers be repealed from the 6,957 square foot parcel. If the property is rezoned to RM-1, Residential Mixed Density District, and the conditioned proffers are repealed, the petitioner would be able to subdivide the building from the distribution center and sell it as a single-family residence. The lot as proposed on Exhibit C of the First Amended Petition to Rezone meets the use and dimensional standards of the RM-1 District. Compatibilitv with the Citv's Comprehensive and Neiqhborhood Plans Rezoning of the subject property to RM-1 and repealing the proffered conditions would allow for the dwellings improvement, utilization as a residential structure and reintroduction to the neighborhood. The dwelling was constructed during the same time period as the rest of the block and is consistent in style and lot layout. The rezoning also supports to the following policies of Vision 2001-2020, the City's Comprehensive Plan, and the Hollins/Wildwood Neighborhood Plan: . Vision 2001-2020 o NH P5: 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. 3 · Hollins/Wildwood Neighborhood Plan o Zoning: Zoning should reinforce the existing character of neighborhoods. The Hollins/Wildwood Neighborhood Plan identified future land use of the subject property as light industrial. However, the portion of property to be rezoned directly abuts property that is identified as single/two family residential on the future land use map. Recommendation: The Commission recommends that City Council approve the request to rezone and repeal the proffered conditions given the potential for retaining and utilizing a viable residential structure. Respectfully submitted, 'íêu~u:ud a . .êÄ Richard A. Rife, Chairman City Planning Commission cc: Darlene L. Burcham. City Manager R. Brian Townsend. Acting Assistant City Manager for Community Development William M. Hackworth, City Attorney L & M Properties. LLC. Petitioner 4 FIRST AME;\/D1W l'ETJTJON TO REZONE AND REMOVE PROFFERED CO:\'DITJONS ]N THE COlJl\C]L OF THE CITY OF ROANOKE, V]RGlN]A ]NRE: Rezone and repeal proffered conditions from tract of land lying on the comer of Ridgefield Street, NE and Wertz Road, NE, known as a portion of 728 Wertz Road, NE and having Official Tax Map No. 3130301. containing a one-story dwelling and 6,957 square feet of property, identified as Nell' LOI A on attached survey (Exhibit C), trom ]-I(e), Light lIldustria] District (Conditional) to R..\1-I, Residential Mixed Density District. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE. The Petitioner, L&M Properties, LLC, owns land in the City of Roanoke containing 6,957 square lèet, more or less, located on a portion of728 Wertz Road, NE having Official Tax Map No. 313030]. Said tract is currently zoned I-I (c). Light ]ndustrial District (Conditional). A map of the property to be rezoned is attached as Exhibit A. Pursuant to Section 36.2-540, Code of the City of Roanoke (1979), as amended, the Petitioner requests that the said propcrty bc rezoned from ]-l(c), Light Industrial District (Conditional) to RM-I, Rcsidcntial Mixed-Density District for the purpose of returning the property to its original purpose as a rcsidcntial dwelling. Thc improvemcnts were originally constructed and designed for single-family use. By Ordinancc No. 36488 adopted September 15,2003, at the request ofL&M Properties, LLC, City Council rezoned the property idcntified as Official Tax Map No. 3130301 from HM, Hcavy Manufacturing District to LM, Light Manufacturing District, with proffered conditions. As part of the City's comprehensive rczoning on December 5,2005, this property was rezoned from LM(c) Light Manufacturing District (Conditional) to I-l(c), Light Industrial District (Conditional). The Pctitioner hcreby requests that the following proffers enacted by Ordinance No. 36488 adopted September IS, 2003 he repealed from the 6,597 square feet of property identified as New Lot A on attached survey (Exhibit C): I. The subject properties shall be used for only the following Light Manufacturing (LM): a. Trade and vocational schools of an industria/nature. b. Day care centers with unlimitcd capacity subject to the requirements of section 36.1-510 et seq. c. Post offices. d. Lahoratories and testing tàcilities not accessory to a specific use including photographic laboratories, industrial testing facilities and similar uses. e. General storage and warehousing establishments engaged in the storage of miscellaneous merchandise not for sale on the same premises. f. Mini-warehouses. g. Establishments engaged in the wholesale distribution of goods. h. Recycling establishments limited to the processing of paper and plastic products, glass, aluminum, food and beverage containers, oils and batteries, where all activities and storage are wholly enclosed in a building. I. Manufacturing establishments primarily engaged in the manufacture, assembly, mixing, processing or othcr processes relatcd to thc creation of new products and including as an accessory use, thc retail salc of goods manufactured on the premises, where all such manufacturing, assembly, mixing. processing or othcr processes related to the crcation of new products, and retail sales of goods manufactured on the premises, arc wholly cnclosed in a building. J. Tractor trailcr dcpots and repair facilities. k. Plant nurscries and greenhouses including those with retail sales on the premIses. 1. General services cstablishments primarily engaged in the repair or maintenance of goods or items including automobiles, trucks, construction equipment and the provision of business services provided all repair and maintenance activities are wholly enclosed in a building and provided that the gross floor area of all new buildings for such uses is not less than five thousand (5,000) square feet. m. Establishments engaged in the retail sale of building or eonstmetion supplies and equipment provided the gross l100r area of such buildings is not less than twenty thousand (20,000) square feet. n. Commercial printing establislUllents which print newspapers, publications, and other materials. The Petitioner believes that the rezoning of said tract of land and repeal of proffered conditions will further the intent and purposes of the City's Zoning Ordinance and its Comprehensive Plan, in that the property will be then be used for a purpose more in line with surrounding properties and more in line with the original intent tar which the improvement was constmcted, i.e. single-family residential pUlpOSe. Attached as Exhibit B are the names, addresses and tax numbers of the owner or owners of all lots or property immediately adjacent to and immediately across a street or road from the subject property. Exhibit C is a survey of the property to be rezoned. Exhibit 0 is a metes and bounds description of the property to be rezoned. WHEREFORE, the Petitioner requests that the above-described tract be rezoned and proffered conditions be repealed as herein set out in accordance with the provisions of the Zoning Ordinance of the City ofRoanokc. RespeettÌllly submitted this] 41h day of September, 2006. Respcc full submitt Own By: ~ John H. Lipscomb L&M Properties, LLC 3330 Hollins Road, NE Suite A Roanoke, VA 24012 540-563-9903 (0) 540-563-9923 (f) LMPROPíaNERIZON.NET Respectfully submitted, By: David A. McCray L&M Properties, LLC 2113 Rosalind Avenue, SW Roanoke, VA 24014 540-581-]385 (0) 540-58]-1388 (0 LMPROPiWVERIZON.NET lVJap UUIpUI ragt:: I 01 1 http://gis.roanokeva.gov/servlctlcom .esri .esrimap.Esrimap?ServiceNamc=rnke&ClientV er... 9/14/2006 EXHIBIT "B" Zoning of Prollcrties Adioinin!! Tax Map No. 3130301: Tax MaD No. 3130303: Owner - Gerald W. Palmer, Jr. & Brandy Allred Address - 2820 Ridgefield Street, NE Zoning - RM-l Tax MaD No. 3130304: Owner - David R. and Karen B. Hedge Address - Riùgefield Street, NE Zoning - RM-1 Tax MaD No. 3130305: Owner - David R. and Karen B. lIedge Address - 2814 Ridgefield Street Zoning - RM-1 Tax MaD No. 3130401: Owner - L&M Properties, LLC Address - Ridgefield Street, NE Zoning - RM-1 Tax Map No. 3130402: Owner - Russell L. and Barbara M. Carter Address - Rid!!efie1d Street, NE Zoning - RM-I Tax Map No. 3130403: Owner - Russell L. and Barbara M. Carter Address - Ridgefidd Street, NE Zoning - RM-l Tax Man No. 3130404: Owner - Russell L. and Barbara M. Carter Address - 2817 Ridgefield Street, NE Zoning - RM-I Tax Man No. 3130306: Owner - Daulton B. Patterson Address - 2806 Ridgefield Street, NE Zoning - RM-l Tax Map No. 3130307: Owner - Daulton B. Patterson Address - 2806 Ridgefield Street, NE Zoning - R.J'vI-1 Tax Map No. 3130308: Owner - Daulton D. Patterson Address - Ridgefic1d Street, NE Zoning - RM-I Tax Map No. 3130313: Owner - Jeffrey W. Niday Address - 718 Mississippi Ave, NE Zoning - RM-1 Tax Map No. 3130312: Owner - L&M Properties, LLC Address - Mississippi Ave, NE Zoning - I-I Tax Map No. 3130504: Owner - L&M Properties, LLC Adùress - Mississippi Ave, NE Zoning - I-I Tax Man No. 3130508: Owner - Petro lane Gas Service Address - 2522 Ridgeficld Street, NE Zoning - 1-1 Tax Map No. 3130209: Owner - Witt Properties-R, LLC Address - 2609 Plantation Road, NE Zoning - I-I Tax Man No. 3130206: Owner - Mignon, LLC Address - 2727 Plantation Road, NE Zoning - I-I Tax Man No. 3130204: Owner - Mignon, LLC Address - 2727 Plantation Road, NE Zoning - 1-] Tax Map No. 314050 I: Owner - Robert E. Divers Address - Pearl Ave, NE Zoning - J-l Tax Man No. 3130202: Owner - Turner Associates Address - 2921 Elizabeth Road, NE Zoning - I-I Tax Map No. 3140502: Owner - Robert E. Divers Address - 722 Pearl Ave, NE Zoniug - I-I Tax Map NO.3] 30412: Owner - Michelle Lynn Jare1s Address - 2828 Hancock Street, ~E Zoning - RLVI-I Tax Map No. 3140503: Owner - Robert E. & Jacquelyn F. Divers Address - 728 Pearl Ave, NE Zoning - I-I Tax Man NO.3] 30436: Owner - Robert W. & GiImy M. Overstreet Address - 2825 Hancock Street, NE Zoning - RM-I Tax Map No. 3140504: Owner - Robert E. Divers Address - 732 Pearl Ave, NE Zoning - I-I Tax Man No. 3130421 : Owner - Michael C. & Rita M. Parks Address - 833 Wertz Road, NE Zoning - RM-I Tax Map No. 3140505: Owner - Robert E. Divers Address - Pearl Ave, NE Zoning - I-I Tax Map No. 3130420: Owner - Scott A. Barnes Address - 2828 Hollins Road. NE Zoning - RM-I Tax Map No. 3140506: Owner - Robert E. Divers Address - Pearl Ave, NE Zoning - I-I Tax Map No. 3150610: Owner - Glenda M. Snyder Address - 3001 Shenandoah Valley Ave, NE Zoning - RM-I Tax Map No. 3140507: Owner - Robert E. Divers Address - Pearl Ave, NE Zoning - I-I Tax Map No. 3150609: Owner - Roekyln J. & Norn1a J. Bryan Address - 3005 Shenandoah Valley Ave, NE Zoning - RM-I Tax Map No. 3140508: Owner - Robert E. Divers Address - Pearl Ave, NE Zoning - I-I Tax Man No. 3140304: Owner - Hollins Road Warehousing, LLC Address - 3330 Hollins Road, NE Zoning - 1-] Tax Man No. 3140509: Owner - Robert E. Divers Address - Pearl Ave, NE Zoning - I-I Tax Map No. 31405] 0: Owner - Robert E. Divers Address - 756 Pearl Ave. NE Zoning - I-I Tax Map No. 3140612: Owner - R. A. Howarù Construction Corp. Address - 804 Pearl Ave. NE Zoning - 1-] Tax Map No.3] 40613: Owner - R. A. Iloward Constmction Corp. Address - Pearl Ave, NE Zoning - I-I Tax Map No. 31406]4: Owner - R. A. Howard Construction Corp. Address - Pearl Ave, NE Zoning - I-I Tax Map !\'o. 3140620: Owner - R. A. Howard Construction Corp. Address - Hollins Road, NE Zoning - I-I Tax Map No. 3140817: Owner - Roanoke Mental Hygiene Address - 30(J3 Hollins Road, NE Zoning - lNPUD Tax Map No. 3140R12: Owner - TRS Spirit of Liberty Worship Address - 2921 Hollins Road, NE Zoning - IN Tax Map No. 3130211: Owner - Interstate Brands Corporation Address - Plantation Road, NE Zoning - 1-1 ..., http://gi s. roanokcva.gov/scrvletfcom.esri .esri map.Esri map? Ser.'i ceN arnc=rnke&Client V cr... 8/29/2006 --'-.:)- - ... . EXHIBIT "B" http://gisroanokeva.gov/servlctlcolll.esri.csrimap.I'srim ap? Servi ccN amc~rnke&C] icnt V cr.. . 8/29/2006 http:// gi s. roanok ev a. go\'I serv I ell com. esri. esri map. Esri map? Scrvi ccN am c=rn k e& Cl i ent V er.. . 8/29/2006 \ . TAX IJ/JO.fO/ : , l~li:::FJ1~~ I ~' PROPERTY CF~ ' W~LOO~~ .z.~ "'" ,ZONED RU-/ -l=: : BARBARA U. OO~ : -s:>.>-~ ',-- TAX ¡J/JOOlj TAX ¡J/JO.fOJ LTAX ¡JI.J0404 .... - _ ZONED RIH ZONED R/J-/ ZONED RU-/ "Ó·;t°-1D -- ----- ------ , N.€ RIDGEFIELD STREET, N.E 4 7.S0' (6) 50219'00.E.,.- 0 25' R/W r------- - ~Br~'~i ~OO·' b.V' I ----\-- .,. .1. -, , I"!,- 1 MERIDIAN OF ;:;'C~r) 5 : ~ ~ ê . -\ ':>i ". -,1 . Ii;; 16'.1".17· , : 1 ~ l i INSTilUMéNT I0.100068J2 ~.;, 11~09·ooB" <0 I /6.4'1 I ¿: .11:7.1". ~ -o-o-~-r r -- ---,- -:- -, BRG.·'5 'S'56'~9' W "t '" I -SlffiY FRAJ/, t t'-SlffiY FRAJ/£ I I ' \È~'" OKfl1JNG .. OttaUNG '- {D..JI.62 \ ~ I ~ ~ ----L- ~ ~:: ~ 01: I '" 0 I 9 g' 6 g' I I ~ ~ 10 . . 0 : ~. 'i : INE~' TAX¡JJiJJOJ I I 0 rr¡,J IW') PRCPERTYOF 0 I ~ ~OT, ~ ~ GÐIAl1J W. PNJI£R" I' : 6,957 S.F. '" BRANOY AillIED PNJI£Ro' I NEW DIVISION UNE ; VI INSTRUUENT /OSflODB.J221 :.,.ALONC'EXlSnNG ~ ZONED RIJ-J 0 I ŒAlNUNK}'Ð'IŒ IVI I N I N02'SS'SS.W I 3 , ---.J.rOllIGlNAI. TAX ¡JlJOJDI I . PRCPfRTY OF L .t W PRœfRTlE'S. Lie INSTRUUENT fVJDOO6832 ZONED H 1:1627 AŒES RElIAlNING (FlIOIJ f/éCOllDS) , , N02'SS'SS'W ORIGINAL LOT 8 MAP OF HARRIS HEIGH1S PLA T BOOK 2, PAGE J9 I I I , , , .._.~____________L___________ ORIGINAL LOT 7 ORIGINAL LOT 6 , I , L _ _ ~. _ _ _ _ _ .. .. ". .. __ _ '. EXHIBIT "C" EXHIBIT FOR REZONING SHOWING PROPOSED . LOT A (6,957 S.F.) TO BE REZONED TO RM-I (RESIDENnAL MIXED-DENSITY DISTRICT) BEING A PORnON OF TAX PARCEL #JIJOJOl CURRENTLY ZONED I-I (UGH T INDUSTRIAL DISTRICT) PROPERTY OF L & M PROPOE'UTIES, LLC SITUA TED ALONG RIDGEFIELO STREET. N.E. RO,INOKE. I'lRGlNlA DATE: Sg.~.1' r .;> ~I ",' r-' "'-' ill\ II o ~ ,,) "'¡ 'ORIGINAL~ ,; LOT 5 _hi __ I 202.09· S021/·20·E sc.... :: f&~1:l LUMSDEN ASSOCIATES, P.c. $ ~:~ E~GIì\E~~S~SURVEYORS-PLAN\iERS ~'-"~'_'" -- RUANOIIE, \'IRGI\I/\ AU9l;JS117,2006 1" = 30' >.: 05-20í:' 466-1 B.W.HJlETüt~ AVE:-JUE 1'.0. :.lOX 20669 RO,\r..;üt:::, \;¡¡':(;IN~A 2401 Ü n!'" n."i?nR' ..".'n""nAn...... r1..." PiK..NE;{5-l0) 77-1--1411 ~....x: Ci40) 772-9..;45 I:-MAIL: MA,:"~'lJLU,\\~mNI'c.COM Comm: 2005-206 EXHIBIT "D" The following is a deed description for New Lot A (6,957 s.f.) to be rezoned to Iill-I being a portion of Tax Parcel 313030] currently zoned 1-], property ofL&.M Properties, LLC. BEGD\TNING at Comer III, point located on the wcstcrly right-of-way of Ridgefield Street, NE, said point also being the northeasterly corner of Tax #3130303, property of Gerald W. Palmer, et ux; thence leaving Ridgefield Street and with Palmer, S 87° 41' 00" W, 98.23 feet to Corner #2; thence with 2 new division lines through the property of L&.M Properties, LLC (Map of Harris Heights), Plat Book 2, Page 39; thence N 02° 55' 55" W, 68.37 feet to Corner 113; thence N 82° 58' 01" E, 96.33 feet to Corner #4, said point located on the westerly right-of-way of Wertz Road, NE; thence leaving L&.M Properties, LLC and with Wertz Road for the following 2 courses; thence with a curve to the left which said curve is defined by a delta angle of 16° 31' 37", a radius of 110.00 feet, an arc of 31.73 feet, a chord of 31.62 feet and bearing S 05° 56' 49" W to Corner 115; thence N 87° 41' 00" E, 7.50 feet to Corner #6, said point being on the westerly right-of- way of Ridge field Street, NE; thence S 02° 19' 00" E, 45.00 feet to Comer #1, the actual place of BEGINNING and containing 6,957 square feet, as more particularly shown as New Lot A on plat prepared by Lumsden Associates, P.c. dated August 17,2006. The Roanoke Times Roanoke, Virgi~ia Affidavit of Publication The Roanoke Times ------+ [, " ~l PROPERTIES 3330 ~OLLINS RD., N. ATTN: JOHN LIPSCOMB ROANOKE VA 24012 1- - on NoñcËo"F-- PUBLIC HEARING RE"ERENCE: 80:06049 9953730 NOTICEOFPUBLICH~ARIN .The Cor"nçil of the City of RODnoke wili hold a public h~aring on Monday. No~ember 20. 2006. at 7:00 p.m. Or DS !:loon then',lfter. tI~ the lTI.Jtter may h..l1t-ard. in the Council Chtlmber fourth floor, in the Noel C: lilylor Municipal Building. 215 Church AVl."nuC'. 5.W.. Roan(¡ke. Vir~inia', to ;consider the following: Request from L & M ¡Propc-rties. LLC. tu relOne a ,portion of Official la, 'VIap 1\0. 3130301, 728 Wert¿ Road, N.E.. from 1-1. Light In d ustrl a I DistrIct. l'onditional. to RM-l. Residentltll Mi\ed Dcnsit... District. and tu repetll the tl~istln5 conditions on the porllon of the sLbjeet ; propC'rty. for the purpose of 1¿:1I101'<ing the return of ¡.¡ portion ot the sub/ect pr.op";rtyto ilsor'ginal use' as' ~ tI resldt:ntial dwelling.. . : A coP.... of the petition is ,lv,lilable for review in Ihc Office of the City Clerk. Room 456, \oel C. Taylor ,Municipal Building. 215' -¡ChUrCh Avt:!nue. 5'.W.'- Roanoke, Virginia. :. : ~ All p.Jrtre$ in interest and cW.~e(s mû~' appear on the· laboveddtealldbeheardon thl:' matter. If you are a pc-rson....ithadisabillty....l',o needs ¿:u:;commodations fOr thiS he<lrin~. pietiSt:: conttlct I the City C!erk's Off~ce. at 853·2541. hefore noon on ItheThursd.1Y belorethe date oftheh€'aringllstedaboH'. I GIVEN under m~ hand Ihls 2nd day of Nú."emher 2006.'- St':!PhDniC' M. Moon. CMC Acting City Clcrk. {9953ì3O: 1_- State of Virginia City of Roanoke I, (the undersigned) an authorized representative of ~he Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State ot Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of V~ir ~~a. Sworn and subscribed before me this _ __day of November 2006, Witness my hand an~cial seal. MY~ti~~--e. - ?UBLiSHED ON: 11/04 II/II TOTAL COST: FILED ON: 410.20 11/13/06 n_+_______ .________________ lmthorized Ií2 '~~91 (k Signature :-~J----T--T~----' ::~ --< Billing Services Repres~Ftative r ~-, ~ ,::::~:, (J'¡ ..,.. c::i <:: 1-·:· _r"" -" ~:=:: "'::"" I--~' _l',_ -.J .-::( . s~Y)'~i" ~, l\OTICE OF I'LBLlC HEARI:'IIG The Council or Ih~ Cily Ill' Roanoke ,Ùll hold a public hearing on \'Ionday. !\ovember 211, 20n(l, at 7:00 p.m.. or as soon ther~an~r as tbe nwlter may be heard. in the Council Chamber. I,'urth tloor. in Ihe "0~1 C'. Tayk1r Munieipal Building. 215 Cburcb An'nue. S.W.. Roanoke, Virginia, to wm;idc'r the following: Recuc'st n'olll L &. 1\1 Properties, 1.1.C'. to rO.llne a portion of O/1icial Tax l\1ap :'>10. 31303()], 72li Wc'rtz Road, N.E.. roml-I, Ligbt Induslrial District. condilional. to RM-L R~sidenlial rvlixed Density Distric\. and to repc'al thc' existing conditiclns on Ihe portion orthe subject properly, lor the purpose Ill' allowing th~ rdurn ofa portion of the subject property to its original use as a residmlial dwelling. A copy of the petition is available for review in th~ Ortíce orthe City Clerk. ROOIll-l5(" '-loel C. 'Taylor \1unicipal Building. 215 Church Avenue, S. W.. Roanoke. Virginia. ;\11 parties in intercsl and citizens llIay appear on thc' abc1\'e date ;lI1d be beard c1l1lbe mailer. If you arc a person with a disability who needs accllll1ll1odations (lr this hearing, please conlact the City Clerk's Office. at 853-2541, bl'l(lre noon on th~ Thursday before the dalt' orthe hearing lisle'd ab<"'e. GIVEN undc'r illY hand this 2nd day of November ,200(;. Stephani~ M. \100n, CI\1C Acting City Clerk. t."'·" \; ;(.1".'" :~.l. .\: .'II'I·:,ll', I~ ill." U.I" _ IQ,;') I.'.;" ,{ K: 1'1··\1. r" )(. Notice to Publisher: Publish in the Roanoke Times once on Saturday, November 4,2006 and Saturday, November II, 2006. Send aJ1idavit to: Stephanie M. Moon. Acting City Clerk 215 Church Avenue, S. W. Roanoke, Virginia 24011 (54U) 853-254 I Send bill to: John H. Lipscomb, Member, L & :v1 Properties, LLC 3330 Hollins Road, N.E., Suite ^ Roanoke. VA 24012 563-9903 CITY OF ROANOKE OFFICE OF THE CITY CLERK 115 Church A"onuo, S. W., Room 45(; Roanoke. Virginia 1'¡OII-15.~6 Tt'lcphom': (':;-10) 853-2541 Fax: 15"O.18:;.\-Il"'~ E·mail: c1erk(~'l"uallok(~\·l:l.gO\· STF.I'HA~IE 1\.1. '·100:\l. CML' Actin~ Cil}" Clt'rk Hollins Road Warehousing, LLC Michelle Lynn Jarels Scott A. Barnes Michael and Rita Parks Robert and Ginny Overstreet Jacquelyn and Robert Divers Robert Divers R A Howard Construction Corp. Roanoke Mental Hygiene Service Trustees, Spirit of Liberty Worship Russell and Barbara Carter Turner Associates Ladies and Gentlemen: SHEILA x. HARDIAX As..;;islalll G1l' Clerk October 30, 2006 Mignon, LLC Witt Properties-R LLC David and Karen Hedge Daulton B. Patterson Jeffrey W. Niday Petrolane Gas Service Rocklyn and Norma Bryan Glenda M. Snyder Gerald W. Palmer, Jr. and Brandy Allred Interstate Brands Corporation Norfolk Southern Corporation 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, November 20,2006, 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, 21 5 Church Avenue, S. W., City of Roanoke, on the request of L & M Properties, LLC, that a portion of 728 Wertz Road, Official Tax No. 31 30301, be rezoned from 1-1, Light Industrial District (Conditional). to RM-1 , Residential Mixed-Density District, and repeal proffered conditions as set forth in Ordinance No. 36488-091503. 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- J 730. 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, ~M.~ Stephanie M. Moon, CMC Acting City Clerk SMM:snh pc: Richard Hendrick, 933 Missouri Avenue, N. E., Roanoke, VA 24012 Hollins Road Warehousing, LLC 3330 Hollins Road, N.E. Roanoke, VA 24012 Michelle Lynn Jarels 2828 Hancock Street, N.E. Roanoke, VA 24012 Scott A. Barnes 2828 Holllins Road, N.E. Roanoke, VA 24012 Michael and Rita Parks 1617 Lovers Lane Vinton, VA 24719 Robert and Ginny Overstreet 2825 Hancock Street, N.E. Roanoke, VA 24012 Jacquelyn and Robert Divers 634 Fernwood Drive Salem, VA, 24153 Robert Divers 722 Pearl Avenue, N.E. Roanoke, VA 24012' R A Howard Construction Corp. P. O. Box 12184 Roanoke, VA 24023 Roanoke Mental Hygiene Service 301 Elm Avenue, s.w. Roanoke, VA 24016 Trustees, Spirit of Liberty Worship 2921 Hollins Road, N.E. Roanoke, VA 24012 Russell and Barbara Carter 2817 Ridgefield Street Roanoke, VA 24012 Tu rner Associates P. O. Box 7141 Roanoke, VA 24019 Mignon, LLC 2729 Plantation Road, N.E. Roanoke, VA 24012 Witt Properties-R LLC 2009 Williamson Road, N.E. Roanoke, VA 24012 David and Karen Hedge 2814 Ridgefield Street, N.E. Roanoke, VA 24012 Daulton B. Patterson 2806 Ridgefield Street, N.E. Roanoke, VA 24012 Jeffrey W. Niday 718 Mississippi Avenue, N.E. Roanoke, VA 24012 Petrolane Gas Service P. O. Box 798 - LOC#5460 Valley Forge, PA 19482 Rocklyn and Norma Bryan 3005 Shenandoah Valley Ave., N.E. Roanoke, VA 24012 Glenda M. Snyder 5986 Springwood Road Buchanan, VA 24066 Gerald W. Palmer, Jr. and Brandy Allred 2820 Ridgefield Street, N.E. Roanoke, VA 24012 Interstate Brands Corporation P. O. Box 419627 Kansas City,1 MO 64141 Norfolk Southern Corporation Attention: Bill Title 110 Franklin Road, 5.E. Roanoke, VA 24011 Richard Hendrick 933 Missouri Avenue, N.E. Roanoke, VA 24012 II . ~IW' ~ CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Annue. S. Woo Room .156 Roanoke, Virginia 2.1011-1536 Td<'phone: 1.5-10) 85~~·25.n Fax: ~5"'O) 85.\-1145 E-muil: derk@'l"uanIJke\'a.gm" SHEII.A N.IlARTMAN Assishml Cil}' Clerk STEPHA,'/JE M. 'lOON. nle A<,ting ('il~' Clerk October 26, 2006 File #51 John H. Lipscomb, Member L & M Properties, LLC 3330 Hollins Road, N. E., Suite A Roanoke, Virginia 24012 David A. McCray, Member L & M Properties, LLC 3330 Hollins Road, N. E., Suite A Roanoke, Virginia 24012 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, November 20, 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 L & M Properties, LLC, that a portion of 728 Wertz Road, Official Tax No. 3130301, be rezoned from 1-1, Light Industrial District (Conditional), to RM-l, Residential Mixed-Density District, and repeal proffered conditions as set forth in Ordinance No. 36488-091503. 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 November 20 public hearing. Failure to appear could result in a deferral of the matter until a later date. Sincerely, r '/r¡. MóMJ Stephanie M. Moon, c~é ! Acting City Clerk SMM:snh Enclosure TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE REZONING CLOSURE REQUEST OF: L & M Properties, LLC, for a portion of property at 728 Wertz Road, N.E., Official Tax No. 3130301 from 1-1 to RM-1 ) ) 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 26th day of September, 2006, notices of a public hearing to be held on the 20th day of October, 2006, on the request captioned above to the owner or agent of the parcels listed below: Tax No. 3130401 3130504 3130312 3140304 3130412 3130420 3130421 3130436 3130503 3130504 3130505 3140506 3140507 3140508 3140509 3140501 3140502 3140510 Owner Mailinq Address Petitioner Hollins Road Warehousing, LLC 3330 Hollins Road, NE Roanoke,VA 24012 Michelle Lynn Jarels 2828 Hancock Street, NE Roanoke, VA 24012 Scott A. Barnes 2828 Hollins Road, NE Roanoke, VA 24012 Michael and Rita Parks 1617 Lovers Lane Vinton, VA 24179 Robert and Ginny Overstreet 2825 Hancock Street, NE Roanoke. VA 24012 Jacquelyn and Robert Divers 634 Fernwood Drive Salem, VA 24153 Robert Divers 722 Pearl Avenue, NE Roanoke, VA 24012 3140612 3140613 3140614 3140620 3140817 3140812 3130402 3130403 3130202 3130206 3130204 3130209 3130304 3130305 3130306 3130307 3130308 3130313 3130508 3150609 3150610 3130303 3130211 R A Howard Construction Corp Roanoke Mental Hygiene Service Trustees, Spirit of Liberty Worship Russell and Barbara Carter Turner Associates Mignon, LLC Witt Properties-R LLC David and Karen Hedge Daulton B. Patterson Jeffrey W. Niday Petrolane Gas Service Rocklyn and Norma Bryan Glenda M. Snyder Gerald W. Palmer, Jr. Brandy Allred Interstate Brands Corporation POBox 12184 Roanoke, VA 24023 301 Elm Avenue, SW Roanoke, VA 24016 2921 Hollins Road, NE Roanoke. VA 24012 2817 Ridgefield Street Roanoke,VA 24012 PO Box 7141 Roanoke, VA 24019 2729 Plantation Road, NE Roanoke, VA 24012 2009 Williamson Road, NE Roanoke,VA 24012 2814 Ridgefield Street, NE Roanoke,VA 24012 2806 Ridgefield Street, NE Roanoke,VA 24012 718 Mississippi Avenue, NE Roanoke,VA 24012 POBox 798 - LOC #5460 Valley Forge, PA 19482 3005 Shenandoah Valley Avenue, NE Roanoke, VA 24012 5986 Springwood Road Buchanan, VA 24066 2820 Ridgefield Street. NE Roanoke,VA 24012 POBox 419627 Kansas City, MO 64141 Notice also mailed to: Richard Hendrick, 933 Missouri Avenue, NE 24012 '1J7aAi:1l~ L-- ~~ Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, V;~;n;a, th;'26?id:~_~ Notary Public My Commission Expires: 1/16 /ò ~ I I TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE REZONING CLOSURE REQUEST OF: L & M Properties, LLC. for a portion of property at 728 Wertz Road. N.E., Official Tax No. 3130301 from 1-1 to RM-1 ) ) 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 6th day of October, 2006, notices of a public hearing to be held on the 20111 day of October, 2006. on the request captioned above to the owner or agent of the parcels listed below: Tax No. Owner Mailinq Address NS Right-of-way Norfolk Southern Railway Co Attention: Bill Title 110 Franklin Road. S.E. Roanoke, VA 24011 '1Ì(av-'+A.... ~ ;;?V~ Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 6th day of October. 2006 /) _ ~chLl ~ Notary Public My Commission Expires: 1/ /b IO'X \I ~~ ~~ " .~~ -~... .. "," . Z&@ CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church A'"CllllC. S. \V.. RllO£J) 456 H.(J~m(lkc. Virginia 240 11-15.~(1 Tdephllnc': 1540> H53-2541 Fax: (5401853-1145 E-Tllail: ('krk@'roanl1kcv<!.g(l\ SHEILA N. IIARTMAN. CMC Assistant City Clerk STE>HA~IE ~1. MO()~. C\1C AC'ling CiTy Cll'rk September 15, 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 September 14, 2006, from John H. Lipscomb and David A. McCray, Owners, L & M Properties, LLC, requesting that a portion of 728 Wertz Road, Official Tax No. 3130301, be rezoned from 1-1, Light Industrial District (Conditional), to RM- 1, Residential Mixed-Density District, and repeal proffered conditions as set forth in Ordinance No. 36488-091503. Sincerely, ~.rn.~ Stephanie M. Moon, CMt Acting City Clerk SMM:ew Enclosures l. \CLl:Rt\'.DAT....\CJŒW:'RElO¡.;-[~(; ,\;':1) STREET C(.OSl:RL:·RC'l('lnin~~ - SlrC'C'l "'IIC':<, UIJ L ð:. M l'I\'rcr.ies lLC re7l'ni~a:rIC'ndl doc Richard A. Rife September 15, 2006 Page 2 pc: The ,Honorable Mayor and Members of the Roanoke City Council John H. Lipscomb, Member, L & M Properties, LLC, 3330 Hollins Road, N. E., Suite A, Roanoke, Virginia 24012 David A. McCray, Member, L & M Properties, LLC, 3330 Hollins Road, N. E., Suite A, Roanoke, Virginia 24012 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 'C1.F.RK'.llAT A'("KEWI",NF.lOSISG .4,r-;-n qRI:l:T CI O~IIRE·RC1('mnl;S - Slree1 :\~lc~· (11)'[. &. \1 Popc'M!e~ LI.(" ICZQllir.p1TncnJI Jüc FIRST AMENDED PETITIO"" TO REZONE AND REMOVE I'ROFFERED CONDITIONS ~\Æ\O~ 11\ THE COUNCIL OF TIlE CITY OF ROANOKE, VIRGINIA IN RE: Rewne and repeal proffered conditions I¡·om tract of land lying on the \:Orner of Ridgefield Street, NE and Wertz Road, NE. known as a portion of 728 Wertz Road, NE and having Onieial Tax Map No. 3130301, containing a one-story dwelling and 6,957 square feet of properly. identified as Nt'\\' Lot A on attachcd sun·ey(Exhibit C), l¡-om1-1 (c), Light Industrial District (Conditional) to RM-I, Residcntial \1ixed Density District. TO THE HONORABl.E MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE. The Petitioner. L&M Properties, LLC, owns land in the City of Roanoke containing 6,957 square feet, more or less. located on a portion 01'728 Wcrtz Road, 1\E having Official Tax Map No. 3130301. Said tract is currently 1.0ncd 1-1 (c), Light Industrial District (Conditional). A map of the property to be rezoned is attached as Exhibit A. Pursuant to Section 36.2-540, Code of the City of Roanoke (1979). as amended, the Petitioner requests that the said properly he rczoned tì·om I-I (c), Light Industrial District (Conditional) to R\1-I, Residential Mixed-Density District for the purpose of returning the property to its original purpose as a residential dwelling. The improvcments were originally constructed and designed for single-I:llnily use. Hy Ordinance No. 36488 adopted September 15, 2003. at the request of L&M Properties. LLC, City Council rezoned the property identified as Oflieial Tax Map No. 3130301 from HM, Heavy Manul¡lcturing Districl (0 L~\'1. Light Manufacturing Dislriet, wilh proŒered conditions. As part of the City's comprehensive rezoning on December 5, lOP5. this property was rezoned from L1\1(c) Light Manul:leturing District (Conditional) to I-I(e), Light Industrial District (Conditional). The Petitioner hereby rcquests that the following proffers enacted by Ordinance No. 36488 adopted September 15,2003 be repealed I¡·olll the 6,597 square feet of properly identified as New Lot A on attached survc'y (Exhibit C): I. Th~ subj~ct properties shall be used t'1I" only the following l.ight Manufacturing (1.\1): a. Trade and vocational schools of an industrial nature. b. Day care centers with unlimited capacity subject to the requirements of section 3('.1-510 et sct¡. e. Post of1ices. d. Laboratori~s and tcsting facilities not acccssory to a specific use including photographic laboratories. industrial testing 1~lciliti~s and similar uses. e. Gen~ral storage and warehousing establishments engaged in the storage of miscellancous mcrchandise not for sale on the same premises. r Mini-war~houses. g. Establishmcnts engaged in thc wholesale distribution of goods. h. Recycling establishments limited to th~ processing of paper and plastic products, glass, aluminum. food and bevcrage containcrs, oils and batterics,. where all ¡ll,tivities and storag~ arc wlll'lIy enclosed in a building. I. Manul~lcturing cstablishments primarily cngaged in the manufacturc, assem b I y, mix i ng. proccssi ng or oth~r processes related to thc creation of new products and including as an acc~ssory use, thc retail sale of goods manul~lclured on the premises, where all such manufacturing, assembly, mixing, proccssing or other processcs related to the crcation of new products, and retail sales of goods manufactured on the premises, are wholly enc.!osed in a building. J. Tractor trailer depots and repair facilities. k. Plant nun;~ries and gr~enhouses ineluding those with retail sales on the premlscs. I. Gen~ral scrvices establishments primarily engaged in the repair or maintenance of l!oods or items includinl! automobiles, trucks, constnIction ~ ~ equipment and the provision of husiness services provided all repair and maintenancc activitics are whollyenc.losed in a building and provided that the gross tlollr area of all new huildings lor such uses is not less than live thousand (5,000) square feet. m. Establishments engaged in the retail sale of building or construction supplies and equipment provided the gl'Oss tloor area of such buildings is not less than twenty thousand (20,000) square feet. n. Commercial printing establishments which print newspapers, publications, and other materials. The Petitioner helieves that the rezoning of said tract of land and repeal of proffered conditions will further the intent and pnrposes of the City's Zoning Ordinance and its Comprehensive Plan, in that the property will be then be nsed for a purpose more in line with surrounding properties and more in linc with the original intent for which the improvement was constructed, i.e. single-family residential purpose. Attached as Exhibit B arc the names, addresses and tax numbers of the owner or owners of all lots or prl'perty immediately adjaeent to and immediately across a street or road from the subject property. Exhibit (' is a survey of the property to be rezoned. Exhibit D is a metes and bounds description of the property to be rezoned. WHEREFORE, the Petitioner requests that the above-described tract be rezoned and proffered conditions be repealed as herein set ont in accordance with the provisions of the Zoning Ordinance oi"the City of Roanoke. Respectfully submittc:d this 14'" day of September. 20(l(¡. John H. Lipscomb L&M Properties, LLC 3330 Hollins Road, NE Suite 1\ Roanokl:. VA 24012 540-563-9903 (0) 540-563-9923 (I) LMPROP(ci'VERIZO]\;.NET Respectfully submitted, By: David A. McCray L&M Properties, LLC 2113 Rosalind AVl:nue, SW Roanoke, VA 24014 540-581-1385 (0) 540-581-1:188 (I) LMPROP'ii)VERIZON.NET Map Output Page 1 of 1 , ., ,. ~ - iì ~.2.;.. , . . ~ " - http://gis.roanokeva.gov/servletJcom .esri .esrimap.Esrimap?ServiceName=rnke&ClientV er... 9/14/2006 EXHIBIT "B" Zoning ofPnmcrties Adioining Tax MaD "10. 3130301: Tax Man No. 313(J303: Owner - Gerald W. Palmer, Jr. & Brandy Allred Address - 2iQO Ridgelield Street, "IE Zoning - RM-l Tax Man Ò'Jo. 3130307: Owner - Daulton B. Patterson Address - 280(, Ridgefie1d Street. NE Zoning - RM-l Tax Map No. 3130304: Owner - David R. and Karcnl3. Hedge Address - Ridgeficld Street, Nt Zoning - R\'I-l Tax Map No. 3130308: Owner - Daulton D. Patterson Address - Ridgeficld Street, NE Zoning - RM-I Tax Man No. 3130305: Owner - David R. and Karen B. Hedge Address - 2814 Ridgelield Street Zoning - RM-l Tax Man No. 3130313: Owner - Jeffrey W. Niday Address - 718 Mississippi Ave, NE Zoning - RM-l Tax Map No. 313(J401: Owner - L&M Properties. LLC Address - Ridgelicld Street. 1\1' Loning - Rì\'I-1 Tax \1ap No. 3130312: Owner - L&M Properties, LLC Address - 'vlississippi Ave. NE 70ning - 1-1 Tax Map No. 3130402: Owncr - Russell 1.. and Barbara l'vl. Carter Address - Ridgelield Street, NE Zoning - RM-I Tax Map No. 3130504: Owner - L&M Properties, LLC Address - Mississippi Ave, NE Zoning - I-I Tax Man No. 313(J403: Owner - Russell 1.. and Barbara M. Carter Address - Ridgeficld Street. Nt Zoning - RM-l Tax Man No. 3130508: Owner - Petrolane Gas Service Address - 2522 Ridgcficld Street, NE Loning - I-I Tax Map No. 3130404: Owner - Russell!.. and l3arbara \1. Carter Address - 2817 Ridgeficld Street, "IE Zoning - R\1-1 Tax MaD No. 3130209: Owner - Witt Properties-R, LLC Address - 2609 Plantation Road, NE 70ning - [-I Tax Man No. 3130306: Owner - Daulton 8. Patterson Address - 28UCi Ridgelicld Street. NE Zoning - Rl'vl-1 Tax Map "10. 313020(,: Owner - Mignon, LLC Address - 2727 Plantation Road, NE Zoning - 1-1 Tax Man No. 3130204: Owner - Mignon. LLC Address - 2727 Plantation Road. NE Zoning - I-I Tax Man No. 3140501: Owner - Robert E. Divers Address - Pearl Ave, NE Zoning - I-I Tax Man No.3 I 30202: Owner - Turner Associates Address - 2921 Elizabeth Road. NE Zoning - I-I Tax \1all No. 3140502: Owner - Robert E. Divers Address - 722 Pearl Ave, NE Zoning - I-I Tax Mall No. 3130412: Owner - \1ichelle Lynn Jards Address - 2828 Hancock Street. ~E Zoning - RM-I Tax Man No.3 I 40503: Owner - Robert E. & Jacquelyn F. Divers Address - 728 Pcarl Ave, NE Zoning - I-I Tax Man No.3 I 3U43(i: Owner - Robert W. & Ginny \1. Overstreet Address - 2825 lIancock Street. NE Zoning - RM-I Tax Man No. 3140504: Owner - Robert E. Divers Address - 732 Pearl Ave. NE Zoning - 1-1 Tax Mall No.3 I 3042 I: Owner - Michael C. & Rita M. Parks Address - 833 W crtz Road, NE Zoning - IUd-1 Tax Man ~o. 3140505: Owner - Robert E. Divers Address - Pearl Ave, NE Zoning - I-I Tax Man No. 313042lJ: Owner - Scott A. Barnes Address - 2828 Hollins Ro,¡d, NE Zoning - RM- I Tax MaD :'-Jo. 3140506: Owner - Robert E. Divers Address - Pearl Ave, NE Zoning- I-I Tax MaD NO.3 I 5Ue; I 0: Owner - Glenda M. Snyder Address - 3001 Shenandoah Valley Ave, NE Zoning - RM-I Tax MaD No. 3140507: Owner - Robert E. Divers Address - Pearl Ave, NE Zoning - I-I Tax MaD ~o. 3 I 50(,09: Owner - Roekyln.l. & Norma.l. Bryan Address - 30()5 Shenandoah Valley Ave, NE Zoning - RM- I Tax MaD No. 3140508: Owner - Robert E. Divers Address - Pearl Ave, NE Zoning- I-I Tax Man ~o. 3140304: Owncr - I [ollins Road Warehousing, LLC Address - 3330 lIollins Road, ~E Zoning - 1- I Tax Man No. 3140509: Owner - Robert E. Divers Address - Pearl Avc, NE Zoning- I-I Tax MaD No. 3140510: Owner - Robert E. Divers Address - 756 Pearl Ave. NE Zoning - I-I Tax Map 1'10.3140612: Owner - R. A. Howard Construction Corp. Address - 804 Pearl Ave, N E Zoning - I-I Tax Man No. 3140613: Owner - R. A. Howard Construction Corp. Address - Pearl Ave, N E Zoning - I-I Tax MaD No.3 I 406 I 4: Owner - R. A. Howard Construction Corp. Address - Pearl Ave, NE Zoning- I-I Tax Mall No. 3140620: Owner - R. A. Howard Construction Corp. Address - Hollins Road, NE Zoning - I-I Tax Map No. 3140817: Owner - Roanoke \1ental Hygiene Address - 3003 Hollins Road. N E Zoning - INPUD Tax MaD No.3 I 408 I 2: Owner - TRS Spirit of Liberty Worship Address - 292 I Hollins Road. NE Zoning-IN Tax MaD No. 3130211 : Owner - Interstate Brands Corporation Address - Plantation Road. NE Zoning - I-I ...... .... EXHIBIT "B" http://gis.roanokc\'u.gov/scrvlctJcom.csri.cslimap.Esrimap'?Scr\'ice?\lame-rnkc&Client V l'r.. g/2 9/2006 · ....:r EXHIBIT "B" hup:/ /gi s. roanokcvagov/servl etlcolll. esri .csri map. I ~sri map? Scrvi ceNarne=rnke& CI ientV cr.. 8/29/2006 hllp Ilgis. roanokeva.gov/servlet/com .csri .csn map. Esrimap') ScrviceName=rnkc&Clicnl V cr.. 8/29/2006 · , , TAX IJlJ0401 , , PROP£RTY Of ~ ~ I L .t II PROPfJWES, llC I \ INSmUIIENT ¡W0006832 - PROPERTY OF \ 1011£0 RII-I RUSSEll L CJ\1I1Ð/ .t '\. ' 8/oRBARA II. C.4R1Ð/ ~" ' ' , , ~-5> ->--", - - '- -l:AX IJIJOiO~' TAX IJ'JD.fOJ L' TAX IJlJ04IU I' "' _ _ ZOIIED RII-I ,ZOIIED R1J-I lOllED R1J-1 ~':O-<lD -- ----- ------ ""1r , \ RIDGEFIELD STREET, N.E ~ z5' R/W 50219'00·£- , r------- . ----,.- -- " , I 4;;.,00 ! l' ì / ,,:;:,.<@2) : ~ ~ ~ y- , ' ,~ ~ ~I , A';;; 16'31'37' , " 1 l>:l /'" 1 1,'15mUM£NT #03000683Z R;' 110;00' '" T;;' 15.98: :g _0_0---':-'-- 7-' 4l- - -, I La JI.7J <.. , , " , BRG. 5 '5'56'49· W "'. ~ ,,!,-SroRY Fl/Al/£ I ~~-s~~.w£ I I, , CHO. Jl.6Z· '" t~ OMEllING ~ /2820 , \ ~ L: 2ll ~ - III -I 01: ~ ~ : 0 9.9' 6.9' I ~ ~ : INE~'" TAXIJI= ¡ 190'" 'J c, PROP£RTY Of 0 ;4 .., ., '" g¡ GERAlD If. P/oJJIER.t I' 6,957 S.F. 8RN/Or /ollR£O P/oJJIERo' :: VI INSmUIIENT f'J5OOO8JZZ' ZONED RU-l D N 111 II I 68.J7' -NOz'55'55'W ~ NOZ'55'55"W 594J' : ~~ ,- , , , , M£R~OIAN 0; - - -r - I NEW 01\1S/0II UNE I ' ALOIIG,Ð05ßNG I CHAlNUNK F£NCE: :' Œf -YORIGlNAL TAX IJIJOJOI I PRCi'ERTY a: , L ,t II PROPfJIßES, llC INSm1l!J£IIT /fJJfJOO6832 lOllED I-I 13-627 Aa¡[5 RDlAIN!NG (FRaI J/[COI/OS) t ~. ~I ~ "-, lJl; MAP OF HARRIS HEIGHTS Ii , PLAT DO~K 2. PAGE J9 Jól, I ~ I L _ _ _ _ _ _ ~~!~?~ =~_ i _~~~!T!~ _ _ _L _ _ _ _O~~~~L_ _ _1_ _ _ \O~~~N~L~ o EXII/BIT "C" I 202.09' EXHIBIT FOR REZONING 50211'ZO·£- SHOIWNG PROPOSED LOT A (6.957 S.F.) TO BE I?£ZON£D TO RM- (RrS/D£IITlAl MIXED-DENSITY DISTRICT) BEING A PORTION OF TAX PARCEL #3130301 CURRENTL Y ZONED I-I (LIGHT INDUSTRIAL DISTRICT) PROPERTY OF T, & M PROPOERTIES, LLC SITUA TED ALONG R/DGEFŒLD STRŒT, N.E. l/OANOIŒ, VlllGlNl,1 DATE: Ad:J~5t 17. 2()OG LUMSDC, ASSOCIATES, r.c. ENG I NECRS-SlR V[ Y ORS-PLA N ~ERS HOA;\OKE, VIHCINIA SCALE: 1" = 30' COMM. NO" (-:1-20ti .:~(..; eRf,....1fi;.í.T()~ A\'EN',;I PO.B()X~:l(,W RlìANO¡'L, \',i~C\f~:" :·;111> l'IIC'.E.i54Uli].-4411 FAX: f~40; ì7~.'J·1-l~ r ·MA~: : ,"'\AII i<llLl,"'~DWfLCO~.1 w;\.dr Bwlno&\2005\0!5206\6l:r\052 06b86ß,dwg COIllm: 2005-206 EXHIBIT "0" The following is a deed description for Ncw Lot A (6,957 s.f.) to be rczoned to RM-I being a portion of Tax Parcel 3 130301 currently zoned I-I, property ofL&M Properties, LLC. I3EGlNì\'ING at Comer III, point located on the westcrly right-of-way of Ridgcfield Street, NE, said point also being the northcasterly corner of Tax 113 130303, property of Gerald W. Palmer, et ux; thencc leaving Ridgcfield Strcct and with Palmer, S 87° 4 I ' 00" W, 98.23 fcet to Corner 112; thencc with 2 new division lines through the property of L&M Properties, LLC (Map of Harris Heights), Plat 1300k 2, Pagc 39; thencc N 02° 55' 55" W, 68.37 feet to Corner #3; thence N 82° 58' 01" E, 96.33 feet to Corner 1/4, said point located on the wcsterly right-of-way of Wertz Road, NE; thence leaving L&M Properties, LLC and with Wertz Road for the following 2 courses; thence with a curve to the left which said curve is defined by a delta angle of 16° 31' 37", a radius of 1 10.00 feet, an arc of3 1.73 feet, a chord of 31.62 feet and bearing S 05° 56' 49" W to Comer #5; thence N 87° 41' 00" E, 7.50 feet to Comer #6, said point being on the wcstcrly right-of- way of Ridgefield Street, NE; thcnce S 02° 19' 00" E, 45.00 feet to Comer # 1, the actual place ofl3EGINNING and containing 6,957 square fect, as more particularly shown as New Lot A on plat prepared by Lumsdcn Associates, P.c. dated August 17,2006. , , \ </~_:.' '-..... -- I I I ~PRœmrr CF~ RUSSEl.L L CARÆR .t BARBARA /J. CARÆR I I I I TAX IJIJ()#)~ I TAX IJlJ0.4OJ I TAX IJlJ0404 zoom :/J~~ _ _ zoom R/,/-~ _ L z~~ R/,/-I I TAX IJIJ()#)' PROPfRrr CF L .t /J PROPmTlES, UC , INSTRU/JO/T /fJJOOO6832 '" zoom R/J-I ... RIDGEFIELD STREET, N.E 2L, 25_',R_ïW 502'19'00"£ , I i'~;;',~; cr' ,~.,oo II ~ ! / M£R~A~ ::;':<·i: ,!e::'1 .' ' 1 ~ !=> {'_ r.:l "" ',) T- 15.9B: ~ _o_o-Q--r- -' - -, L= Jl.7J VI , I ' BRG. "5 5'56'49" W t'!, 'Z ,~-Sr:i:{J§;AJ/E rifS~~AJ/E I I . " ClIO: '",62' :¡¡ 4 .:L '"'' " ~ ... ,?o.. '.a ~ PROPfRrr CF "I ~ ~ lift ~ ~~w.p~m.t : : 6,957 S.F. Ol BRANDY ALLR£l) p~m" " NEW DIVlSlON,UN£ ; VI INSTRU/JO/T J05OOO8J22 , ALONG' EXISTING' zoom R/,/- 1 " . I! . ~ I " "(CHAlNUNK':ÆNCE: /VI N 'I,,:::: :<".?{" :' 3 68.J7' -N02'55'55"W , 2 §ORlaNAL TAX IJlJOJOI , ,PRœmrr CF L .t /J PROPERTIES, UC INSTRU/JO/T /fJJOOO6832 zoNED H 13.627 AŒES RÐlAlNING (FROII RECORDS) -i.~ ,~,>- .,¿.: " , '..9, ~'1>-°-4D ~ ' , IV.E. 7.50' (6) - NBì41'oo"£..t ... -I N02"55'55"W ORIGINAL ORIGINAL I ð ~) ~I ~~ II 1xl! I t--.:' I co ORIGINAL~ LOT 5 - - 202.09' 502'11'20"£- , MAP OF HARRIS HEIGHTS PLA T BOOK 2, PAGE 39 , , , , LOT 8 'LOT 7 : LOT 6 , L__________________~____________L___________~___ o I ORIGINAL EXHIBIT "c" EXHIBIT FOR REZONING SHOWING PROPOSED LOT A (6.957 S.F.) TO BE REZONED TO RM-l (RESIDENnAL MIXED-DENSITY DISTRICT) BEING A PORnON OF TAX PARCEL #3130301 CURRENTLY ZONED 1-1 (LIGHT INDUSTRIAL DISTRICT) PROPERTY OF L & M PROPOERTIES. LLC SITUA TED ALONG RIDGEFlELD STREET, NE ROANOKE, VIRGINIA 1" = 30' LUMSDEN ASSOCIATES, P.c. , ENG I NEERS-SUR VEYORS-PLANt\'ERS ,ROA:--.10KE, VIRGINIA DATE: August 17, 2006 SCALE, COMM. NO., 05-206 4úú4 BRAMillETON AVENUE P,O, BOX ¿llúú9 ROANOKi:, VIRC1N!.-\ 240 III PHONE: (540) 774-441' FAX: (540) 772-9445 E-MAil: MAll@lUMSDENPCCOM w: \dr .wlng. \2005\05206 \.ur\ 05 2 06b....dwg 6~ ¡'''' -·--li "''.'~~ .~:::-. ,-,". !.-o::-=- \;~'fJ ,~. ,- :~~. \", ""... ..,.';...>. .......-.?-"...; -'~-~ CITY OF ROANOKE OFFICE OF THE CITY CLERK 2]5 Church Avenue. S.w.. Room 456 Ruanoke. Vlfginia 240 I ] - ] 536 Telephone: (54!}) 853·25-1 I Fõ.lx· CS.tO) S,53-1145 [-l11ail: dcrk@L:i.rn:H1okc.\'a.ll!> STEPIIANIE ~1. MOON. OIC Deputy Cily Clerk I\.IARY F. PARKER. C:\1C Ci¡y Clerk SHEILA N. HARHIAN Assistant City Clerk August 23,2006 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 August 23, 2006, from John H. Lipscomb and David A. McCray, Owners, L & M Properties, LLC, requesting that a tract of land lying at the corner of Ridgfield Street and Wertz Road, N. E., described as a portion of 728 Wertz Road, Official Tax No. 3130301, containing a one-story dwelling and 6,957 square feet of property, identified as New Lot A on an attached Survey, be rezoned from 1-1, Light Industrial District, to RM-l, Residential Mixed-Density District. ~'Y' 9. ~ Mary F. ~a~~r, CMC City Clerk MFP:ew Enclosures L"\CLERK\Dt\TA'C'KEWIIREZO:-.'Il\:G A:"\D STREETCLt\SlJRE",RcoWr.n:¡u - SUt'CI :\lIe)' (1(:'1. &::'\,I PrO~les LLC rCZlnin,¡¡ due Richard A. Rife August 23,2006 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council John H. Lipscomb, Member, L & M Properties, LLC, 3330 Hollins Road, N. E., Suite A, Roanoke, Virginia 24012 David A. McCray, Member, L & M Properties, LLC, 3330 Hollins Road, N. E., Suite A, Roanoke, Virginia 24012 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 L.\ClER"'''\DATA\CKEWI~R.r:ZO'''ISG A:\n STREET CLOSURE\Re;:o¡¡ings - Strut AI:C'y 06\L & M f'mprnies LlC rc:zor.:ng doc PETITION TO REZONE IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA INRE: Rezoning ofa tract ofland lying on the corner ofRidgfield Street, NE and Wertz Road, NE, known as a portion of 728 Wertz Road and Tax Map No. 3130301, containing a one-story dwelling and 6,957 square feet of property, identilied as New Lot A on attached Survey, from Light Industrial District ([-I) to Residential Mixed-Density District (RM-1). PETITION TO REZONE TO THE HONORABLE MAYOR AND MEMBERS OF THE COUI\'CIL OF T[-IE CITY OF ROANOKE: The Petitioner, L&M Properties, LLC, owns land in the City of Roanoke containing 6,957 Square Feet, more or less, located on a portion of l' ax Map No. 3130301 and 728 Wertz Avenue, NE. Said tract is currently zoncd Light Industrial District (1-1). A map of the property to be rezoned is attached as Exhibit A. Pursuant to Section 36.2-540, Code of thc City of Roanoke (1979). as amended, the Petitioncr requests that the said property bc rezoned from Light Industrial District (I-I) to Residential Mixed-Density District (RM-I) for the purpose of returning the property to its original purpose as a Residcntial Dwelling. Thc improvements wcrc originally constructed and designed for single family use. The Petitioner belicves the rezoning of the said tract of land will further the intcnt and purposes of the City's Zoning Ordinance and its comprehensive plan, in thatthepropertywill be then uscd for a purpose more in line with surrounding properties and more in line with the original intent for which the improvements was constructed, i.e_ single family purpose. Attached as Exhibit B arc the names, addresses and tax numbers of the owner or owners of all lots or property immediately adjacent to and immediately across a street or road from the property to be rezoned_ Exhibit C is a site plan of the proposed parcel for rezoning. WH EREFORE, the Petitioner reqnests 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 22nd day of August, 2006. By: ~ John H. Lipscomb, Member L&M Properties, LLC 3330 Hollins Road, NE SuiteA Roanoke, V ^ 24012 540-563-9903 LMPROP@VERIZON.NET By: David A. McCray, Member L&M Properties, LLC 2113 Rosalind A venue, SW Roanoke. VA 24014 540-581-1385 LMPROP@VERIZON.NET Map Output Page I of I http://gis. roanokeva.gov/scrvletlcom.esri .esrimap.Esrimap?Servi ceName=mke&Client V cr... 8/17/2006 EXHIBIT "B" Zoning of Pro ocr ties Adjacent and Across from the Portion of Tax Map No. 3130301: Tax Man No. 3130303: Owner - Gerald W. Palmer. Jr. & Brandy Allred Address - 2820 Ridgefield Street. NE Zoning - RM-l Tax Man No. 3130304: Owner - David R. and Karen B. Hedge Address - Ridgelield Street. NE Zoning - RM-I Tax Man No. 3130305: Owner - David R. and Karen B. Hedge Address - 2814 Ridgefield Street Zoning - RM-I Tax Man No. 313040 I: Owner - L&M Properties. LLC Address - Ridgefield Street. NE Zoning - RM-I Tax MaD No. 3130402 Owner - Russell L. and Barbara M. Carter Address - Ridgetìcld Street. NE Zoning - RM-I Tax Map No. 3130-103: Owner - Russell L. and Barhara M. Carter Address - Ridgelicld Street, NE Zoning - RM-I Tax Man No. 3130404: Owner - Russdl L. and Barbara M. Carter Address - 2817 Ridgelield Street. NE Zoning - RM-I Map Output Page 1 or 1 http://gi s.roanokeva.gov/servlet/com .esri .esrimap. Esrimap?ServiccName=rnke&Client V er... 8/17/2006 I I I ~PRœrnrr CFm RUSSEll L. CAl/TfR .t , BARBARA lI. CAl/TfR I I I I TAX 1J'J(J.f()~ I' TAX IJlJ040J I TAX IJlJ04fU ZONED _Rl/~~ __ ZONED Rl/-~ _ L Z~~ Rl/-I RIDGFIELD STREET, N.E 25' R/W 502"19'00·£ in n - n I ~,oo' : t ! / - - MER~A::: ,,',(C:') : ~ Ì): ;: J.- ~ "'-j \ 'A';"16"J1·J7· I 7 . ~ ¿f I INSTRUMENT #030006832 R=; 110.00' : M:L T:?5.98: ,i% o-O-q--r - ---. - -, ,," ",L8..¡d!5·~J5''56· "4'9·'W'" ~ :;¡: : I-S7œYFRAJlE t'-S7œYFRAJlE " n,,"', i ' ',' fO 4DII£J1JNG '" DII£J1JNG , CHD:TJt:62~" ','. \ i :;l¡ 1Q -L- ;l¡ ~:: -.J ~ ¡ : 0 9.9' 6.9' ~ i : INEW ~ .., ¡¡'OJ: ~ 6.95 S.F. :V -" , , \ TAX IJIJ(J.f()I PROPfRrr CF 'L .t II PROPfRl1ES, ue \ INS1RUlIENT OJOD068J2 \" ZONED RlI-I .. .. ~ ~>- ~~ ""';>_O..q C ~ 'IV. E. ~- - ~. : . ',¡ . . NEWiDIl.fSlON: UN£ ALONG ,"£X/S77NG;, afAlNUNKFFNŒ I r D TAX IJlJOJOJ I 1::l PROPfRrr CF D lš! GERAW Iv. PAlMER.t I: BRANDY AllJ/ED PAlMERo INS1RUlIENT ¡D5OOO8J22 ZONED Rl/-I o ~ORIGtNAL TAX IJlJOJOI PROPERrr CF L .t II PROPERl1ES, ue INS1RUlIENT OJOOO68J2 , ZONED 1-1 . IJ.627 AalES REMAINING (FROIi RfC(}f1(JS) -r- --I N02'55'55·W- 59.43' , MAP OF HARRIS HEIGHTS PLA T BOOK 2, PAGE 39 I I I I I '---¡' ORIGINAL--; I LOT 7 I I I L---_______________~____________L___________~___ o I ORIGINAL LOT 8 ORIGINAL LOT 6 EXHIBIT FOR REZONING SHOWING PROPOSED LOT A (6,957 S.F.) TO BE REZONED TO RM-l , (RESIDENTIAL MIXED-DENSITY DISTRICT) BEING A PORTION OF TAX PARCEL #3130301 CURRENTLY ZONED 1-1 (LIGHT INDUSTRIAL DISTRICT) PROPERTY OF L & M PROPOERTIES, LLC SITUA ÆD ALONG RIDGEFIELD STREET, N.E. ROANOKE, VIRGINIA DATE, LUMSDEN ASSOCI A TES, P.c. ENG I NEERS-SUR VCYORS-PLANNERS HOANOI\[, VlnGINIA August 17, 2006 SCALE, 1" = 30' COMM. NO., 05-206 II 4(,(,4 llR,\~\lII.ETCJN AVEr,UE P.O. BOX 20669 R,OANOK[, VIRGINIA 24010 II .:. w, \dr owings \20 05\ 05206 \sur\ 05206bose.dwg 1 ð ~) 1lQ, Q 3li II ~ " IlQ ORIGINAL~ LOT 5 - - 202.09' 50211'20·£ PHONE: (5-l0l 77-1-"-I 1"1 FAX: (!j..0) 772-9445 E-,\1r\II.: M/\IL@I.UMSDENPC.COM Zoning Amendment/Conditional Rezoning Filing Compliance Statement Petitioner: _~ ~ ~ '0<>~-,~ Date ~ I ';;¡3O (,0 Uc.. I , Petition Includes: ~ 1. 2. / 3. - / 4. ./ 5. 7 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. C(£{lL ~(.~Io" Secretary, City Planning Commission Filing Fee: $ (q;)5. 00 Fee Schedule Rezoning to Residential Districts RA. R·12, R-7, R-I. R-l. RM-l, RM-2, RMF $600 + 525 per acre or any portion Rezoning to Commercial Districts CN, CG. CLS $900 + 525 per acre or any portion Rezoning to Industrial Districts 1-1, 1·2 $900... 525 per acre or any portion Rezoning to Special Purpose Distritt~ D, Downtown MX. Mixed Use IN. Institutional District ROS, Recreation and Open Space AD. Airport Development 5900 ... S~ 5 per acre or and portion Rezoning to Planned Unit Developments Districts MXPUD. Mixed PUD INPUD. Institutional PUD IPUD, Industrial PUt) S 1.000 + 525 per ;¡cre Or any portion Rezoning to Overlay Districts H-l, Historic Downtown H-2, Neighborhood Historic ND, Neighborhood Design RCC, River and Creck Corridor CS, Comprehensive Sign S"IO Am~ndment to Proffered Conditions SlOG I' ¡ ~'. /~ 'k-~:~\'" ^"~~~ ,.,j'.II.........,t'"~ '~~~ ..' ~~:'" '-::'i.(;,;!;;j\.:-\·~':- CITY OF ROANOKE OFFICE OJ<' THE CITY CLERK 215 Chun..'h An'nuL'. S. \V.. Room -156 Roalloke, \'ir~illia 2~flll·1536 Tl'll'phlllll': (s-to¡ HS.'-:!.:'-tl F:n;: (S-tOlloìS.'-II-I:: E-l1Il1il: l'h-rk(~·rnllnllkl·\·a_~ll\ SIIElLA ,;, HART\IA' .-\.....i..I:.III1 Cil~· Ch'rk STEI'II·\:\IE :\1. 'UUti\'. (-\1(: .\l'Iill~ Cit~ (lel'k November 22, 2006 File #51 Ms. Maryellen F. Goodlatte, Attorney Glenn, Feldmann, Darby & Goodlatte P. O. Box 2887 Roanoke, Virginia 24001 Dear Ms. Goodlatte: I am enclosing copy of Ordinance No. 37627-112006 rezoning a portion of property located at 4807 Cove Road, N. W., identified as Official Tax No. 6410110, from INPUD, Institutional Planned Unit Development, to R-7, Residential Single-Family, as set forth in the Amended Petition filed in the Office of the City Clerk on September 28, 2006. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting, which was held on Monday, November 20, 2006, and is in full force and effect upon its passage. Sincerely, M~ f'r;, 1}7 å/.;'YU , Stephanie M. Moon, CMC Acting City Clerk SMM:ew Enclosure Maryellen F. Goodlatte November 21, 2006 Page 2 pc: ARS Properties, LC, et aI., P. O. Box 20287, Roanoke, Virginia 24019 Greenwood Group, Inc., P. O. Box 11231, Blacksburg, Virginia 24062 Bishop Frances M. Zayek, Eparch of St. Maron of Brooklyn, 4730 Cove Road, N. W., Roanoke, Virginia 24017 New Horizon Limited Company, 3633 Dillards Hill Road, Union Hall, Virginia 24176 Ms. Barbara T. Brammer, 2386 Loch Haven Drive, N. W., Roanoke, Virginia 24019 Daniel Hale, Jr., President, Miller Court, 4425 Oleva Street, N. W., Roanoke, Virginia 24017 Susan S. Lower, Director, Real Estate Valuation Martha P. Franklin, Secretary, City Planning Commission Philip C. Schirmer, City Engineer Steven J. Talevi, Assistant City Attorney < - ?~~ ~. IN THE COUNCIL OF TIlE ClT'{ OF ROA?\;OKE, VIRGINIA, The 20th day of November, 2006. No. 37627-112006. AN ORDINANCE tll amend ~36.2-IOO, Code of the City of Roanoke (1979), as amended, and th~ Oftìcial Zoning .\1ap, City of Roanoke, datcd December 5, 2005, as amcnded, to rezone a portion of certain prop~l1y within the City; and dispensing with the second reading of this ordinance by title. \VI-IEREAS, Trustees of Melrose A venue Christian Church, by !'vIaryellen F. Goodlatte, aHomey, has made application to the Council of the City of Roanoke, Virginia ("City Council'} to have a p011ion of the hereinafter described property rezoœd fr0111 Il':PllD, Institutional Planned Unit Development, to R-7, Residential Single-Family, for the PUl1)()SC of fileilitating the sak and development of the subject property for single tàmily residential use; WHEREAS, the City Planning COlllmission, aner glVlng proper notice to all concerned as required by §36.2-540, Code of the City of Roanoke (979), as amended, and after conducting a public healing on the matter, has made its recommendation [0 City Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on November 20, 2006, after due and timely notice thereof as required by §36.2- 540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in O-Melrose Avenue Chrjstia~; Church - rezone intcr<:st and citizens wer<: gIven an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recom- mendation made to City Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public h<:aring, tinds that the public necessity, convenience, 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 propelty should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council ofth<: City of Roanoke that: I. Section 36.2-100, Code of the City of Roanoke (1979), as amended, and the Oftìeial Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect that an approximate .911 acre portion of Omeial Tax Map No. 6410110, located at 4807 Cove Road, N.W., be, and is hereby, rezoned [rom INPUD, Institutional Planned Unit Development to R-7, Residential Single-Family, as set fOl1h in the Amended Petition tìled in the Office o[the City Clerk on September 28,2006. ') Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is h<:rcby dispensed with. ^ TTEST: .~. m.1Y[ OW Stephanie M. Moon, CMC Acting City Clerk. O·Mclrosc Avenue Christia:1 Church - rezone .--.' --'. /~~~ ;:::.r~~r?~¡·i:-:.~ (Ai~~I'" ;.'~<\\ ,.-'~ Do. "-) ,,~..,,~ . ~.i'¡;fI·_:'" \<\;~~ . .~~ti \~. Jl~.; '. - " '. >/ ,.,.., 'í\\"'~ . <:_~:.~~-~/., Ardlitl'(lu/"¡] rh·, Îl'" U":lnJ ""lInl (If /.¡lIIillJ.: .\lIIt":II.~ 1'I:lnnill¡,:('ulllllli:-"¡'1ll CITY OF ROA~OKE PLANNING HUIIJ)ING AND DEVELOPMENT 215 Church Annue. S.W.. Room 1M> Roanoke. Virginia 24011 Telephone: (54011153-17.10 Fax: (540) 1153-IBO E-mail: planning(iYri.roanokl..\"cl.us November 20, 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 Trustees of Melrose Avenue Christian Church. represented by Maryellen F. Goodlatte, attorney, that a 0.902 acre portion of property located at 4807 Cove Road, NW., bearing Official Tax No. 6410110. be rezoned from INPUD, Institutional Planned Unit Development District, to R-7, Residential Single Family District, for the purpose of facilitating the sale and development of a .902 acre portion of the subject property for single family residential use. Planning Commission Action: Planning Commission public hearing was held on Friday. October 20, 2006. There was no one present to speak in favor of or against the proposed rezoning. By a vote of 6-0 (Mr. Williams absent). the Commission recommended that City Council approve the requested rezoning. Background: The petitioner owns and operates a place of worship on property (Official Tax No. 6410110) located in the Miller Court/Arrowood Neighborhood at 4807 Cove Road, NW., which is zoned INPUD. Institutional Planned Unit Development District. The owner wishes to rezone a portion of the property to R-7, Residential Single-Family District, to permit the sale of the church's parsonage as a single-family residence. The property currently contains a two-story brick church, a playground, a surface parking lot. and a ranch styled parsonage with associated detached garage. The 1 parsonage is currently inhabited. The development plan calls for the subdivision of the parsonage and detached garage onto a 0.911 acre parcel with access onto Cove Road, N.W. The church will retain access onto Cove Road, N.W., through an ingress/egress easement. The petition to rezone was filed on September 6, 2006. This petition was amended and filed on September 28, 2006 to address specific staff comments. Considerations: Surroundinq Zoninq Districts and Land Uses The subject property is located in the Miller Court/Arrowood Neighborhood on Cove Road, N.W., and is currently zoned INPUD, Institutional Planned Unit Development District. Immediately surrounding zoning and land use is as follows: · CG. Commercial-General District: A Sheetz gasoline station and storage building sales establishment adjoins the subject property to the west. · CLS(c), Commercial-Large Site District (Conditional): City Line Square Shopping Center lies across Cove Road. N.w., to the south. To the rear of this shopping center, facing Cove Road N.w., is a vacant single-family dwelling. A vacant 5.95 acres parcel adjoins the subject property to the north. · RMF(c). Residential Multifamily District (Conditional): A vacant 5.78 acre parcel adjoins the subject property to the east. Compliance with the Zoninq Ordinance Prior to the City's comprehensive rezoning on December 5. 2005, the subject property was zoned RS-3, Residential Single-Family District. The RS-3 District permitted both places of worship and single-family detached dwellings as principal uses. However, with the comprehensive rezoning of this property to INPUD in December of 2005, a single-family detached dwelling was no longer permitted as a principal use. Under the Institutional Planned Unit Development District, it must function as an accessory structure to the principal use on the same lot of record (i.e., such as the parsonage to a place of worship). If a portion of the property is rezoned to R-7, Residential Single-Family District, the petitioner would be able to subdivide the parsonage and detached garage from the church facility and sell it as a single-family residence. The lot as proposed on Exhibit C of the First Amended Petition to Rezone meets the dimensional requirements of the R-7 District. 2 Compatibilitv with the City's Comprehensive and Neiqhborhood Plans The Peters Creek North Neighborhood Plan encompasses the Miller CourUArrowood Neighborhood. The plan identified future land use of the subject property as multi- family residential. The future land use along Cove Road, N.W., transitions from commercial at Peters Creek Road, N.W., to multi-family residential to single-family residential and back to commercial at Hershberger Road, N.W. The layout of the lot and style of house are consistent with the suburban neighborhood in which it is located. Typical design features of this suburban neighborhood. as identified by both Vision 2001-2020 and the Peters Creek North Neighborhood Plan, are large lots, deep front yard setbacks and a prominent driveway. The predominant housing styles in this neighborhood as identified by the Peters Creek Neighborhood Plan are brick ranchers or split-levels. Recommendation: The Planning Commission found that the petition to rezone the subject property from INPUD, Institutional Planned Unit Development District. to R-7, Residential Single- Family District, was a reasonable request and recommended that City Council approve the rezoning. The property will essentially remain the same in form and function which blends well with the Miller Court/Arrowood Neighborhood. Separating this dwelling from the church will also provide an additional housing option in the area which is consistent with the City's Comprehensive Plan (NH P5). Respectfully submitted, ~~ (j ./4# Richard A. Rife, Chairman City Planning Commission cc: Darlene L. Burcham, City Manager R. Brian Townsend, Acting Assistant City Manager for Community Development William M. Hackworth, City Attorney Maryellen F. Goodlatte, Attorney for the Petitioner 3 lì'I THE COlJNCII" OF THE CITY OF ROANOKE, VIRGINIA INRE: Rezoning of a tract of land located at 4807 Cove Road, N.W., being 0.911 acres of a larger parcel, which larger parcel is official Tax Map Number 6410110, from Th'PUD, Institutional Planned Unit Development, to R-7, Residential Single-Family. AMENDED PETITION TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA: . Petitioner Trustees of Melrose A venue Christian Church own real property in the City of Roanoke, Virginia, containing 5.812 acres located at 4807 Cove Road, N.W., and having Official Tax Map Number 6410110. The Petitioner wishes to rezone a portion of that property identified as-Lot-I on the "Plat of Survey Subdividing 5.812 Acres, Tax #64 10 II 0, Property of Trustees of Melrose Avenue Christian Church, D.B. 691, Pg. 429, Creating Hereon Lot "I" (0_91 lAc.) & Lot "2" (4.901 Ac.) Situated Along Cove Road, N.W., Roanoke, Virginia," prepared by Lumsden Associates, P.c., Engineers-Surveyors-Planners, dated September 25, 2006. The property is currently zoned INPUD, Institutional Planned Unit Development. A map of the property is attached hereto as Exhibit A. The subdivision plat described above has been submitted to the City for review and approval. The metes and bounds description for the 0.91 I acres which is the subject of this petition is attached hereto as Exhibit B. Pursuant to Section 36.2-541, Code of the City of Roanoke (1979), as amended, Petitioner requests that the said property be rezoned from INPUD, Institutional Planned Unit Development, to R-7, Residential Single-Family, to facilitate its sale and development as single-family residential. Attached hereto as Exhibit C is the concept plan - essentially the subdivision plat described in the first paragraph of this petition. The concept plan depicts the brick home located on the property, formerly serving as the Church's parsonage but no longer needed for that purpose, making it ideal for single-family residential use. Your petitioner believes the rezoning of the property will further the intent and purposes of the City's Zoning Ordinance and its Comprehensive Development Plan. Attached as Exhibit D are the names, addresses and tax numbers of the ovmers of all lots or properties immediately adjacent to, immediately across a street or road from, the property to be rezoned. WHEREFORE, your 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. . 1- This Petition is respectfully submitted this 2<J1 day of September, 2006. TRUSTEES OF MELROSE A VENUE CHRISTIAN CHURCH BY:1}~ r:~ o ounsel Maryellen F. Goodlatte, Esq. Glenn, Feldmann, Darby & Good]atte 210 ]st Street, S.W., Suite 200 P. O. Box 2887 Roanoke, Virginia 2400]-2887 (540) 224-80] 8 - Telephone (540) 224-8050 - Facsimile mgoodlatte@gfdg.com Trustees of Melrose Avenue Christian Church, owner of the property subject to this amended petition hereby consent to this rezoning. TRUSTEES OF !vŒLROSE A VENLJE CHRlSTIAN CHURCH By: ';{,-- g 4 Lee S. Anthony By: ,."i: :_1....( "!'c !....~ ï;.. . t', \'.!:/ 1'/...' __ .." , Dorot.1-¡y G. MS;Y-¡es By: 1.:",:- .., (.:. .';.' .:'. '.~' .! ./,' '" .~.), Emily G. "Sutphin n --d 7' ~¿~/~ ~A'r Inez H. raft R o£-r!p ~ ~ .! .I ¡' /- .,1.: "JJ~ ..,....j".....~~.. , . -By: By: ¡,~~~ ~ Bess J. JÚ¡ es Comm: 2006-151 The following is a deed description for Lot 1 (0.911 ac.) being part of subdivision of property of Trustees of Melrose Avenue Christian Church as prepared by Lumsden Associates, P.C., dated September 25, 2006. The description is as follows: BEGINNING at Comer #7, an iron pin set, said point located on the northerly right-of- way of Cove Road, NW (Virginia Route 116), said point also being the southwesterly comer of Greenwood Group, Inc. (Instrument #000013382); thence leaving Greenwood Group, Inc. and with Cove Road, N 66° 28' 51" W, 60.00 feet to Comer A; thence leaving Cove Road and with 5 new division lines through the property of Trustees of :\1elrose Avenue Christian Church (original tax number 6410110) thence N 18° 37' 57" E, 81.11 feet to Comer B, an iron pin set; thence N 19° 31' 57" W, 175.05 feet to Comer C, an iron pin set; thence N 04° 44' 12" W, 96.10 feet to Comer D, an iron pin set; thence N 38° 05' 05" E, 64.50 feet to Comer E, an iron pin set; thence S 66° 00' 35" E, 141.49 feet to Comer F, an iron pin set, said point located on the westerly boundary of Greenwood Group, Inc.; thence continuing with Greenwwood Group, Inc., S 11 ° 42' 06" W, 362.32 feet to Comer #7, the place of BEGINNING and containing 0.911 acres, being Lot #1, as more particularly shovlm on plat prepared by Lumsden Associates, P.C. dated September 25, 2006. "\"'.w"u\~QQe\Q61"\''''\QIIS1....d''l ;;~i;;fi;;li;g;;~ i~;ii~~:Š'i~~~~~ ~i!!i~~i~~i!~~~~hl .a." 'i~ §a~I'~~~ ·~~i~.~.~~ ~iª~~ Ili'!~';~I~~§lil ·~'~;l;§~i:~9 ~~ ~!;tl·Bi!aj:~!.i~ ~mi !:iii:;!i : !~ dä'~~ I~ I .. ..~~ I U :m~:d r j Ü' ~ni:i ~ a ~§ .,,~, ~ ! ¡~ .5!oj w ~ m¡¡ ~~I~~ I ' ; d ig ¡¡~ I i!" "~.~~ - ~~ "!¡;. 2 Si ~¡:ci: . Cl §'¡ §~.: ., ¡:! . ¡: !';;g ñ ~ i ~ ~ .. :; i Èl <l!I I I"~ ~ ~! ~II .f: h d .~ ;1 - m. ,. ;ti m ¡;¡ I " Roo t- ,.,;;j I ,=t-<O ....::~ ~ :¡l ~~ O"'-3;Õt/J :). 'It" Obi "'-3 ...... 01""1 ~:). --~;ï¡~~~,,,..i:05ìl ~S!l'S ~~ ;;; ~~l\;l!? !>:if;') ::"-.li 2~';;¡~ ~ 2_0... -t:z]...~:Þ.""( ~ ;§;¡;~ ~§ r'}t-'o--<!:!CJIJl ~~co.....ª :t:35ìlc~i $: ~~;:.... St/J l".t}s rv . .0 :to. ......~ í2 ~ ~).. 0 £;::. ~ ,- ',,~ "'" ~ '" ? ¡;¡ " p ! ~~ :'IFI"',blr 25. 200& .~~·lS1 '·.6(/" . : .......1. .u~IlI····"1"'1"" . ~ e ~ ~ ~ . ~ " i i J I I I / / !i lii!S: ~~~il: ! ~i ~I~I~I ~!;i;! ; I ~ ~'j';~ A~~ i~ ~ ~I !i;S: "§!M I ; & UI:! !¡!;: i . ~ ~ ..!¡ ~ 811 B ! ~ i ;I¡~I. ~¡!n ; I I ~, ili:: Ifi¡:: ~ s~·~. I·i ~ 5 ¡'!I ~liB! ~ ""'M<T 1111. I. PC 19!J1-116D SW1(:ft1-lIIItlllrltM '~\ ~: ~ ,sl- ~"'li!'" .·of !:!~ ~ .' a~ ~j& , I~q .§ I ~~i ¡"i!.a I ø @; kl:n ~ . .~: i I!: ! j!: ~u ., III LUMSDEN ASSOCIATES, P.c. ; .. ."..... E~GINEERS·SU¡;VEYORS·PLANNERS ROANOKE. VIRGI/'iIA !~ ~~~ ~¡;¡.. l"'¡¡ J.a .' ,. .' "ø:YPi~:J,,~!::.ð~~¡: .-......_~ ~....,_... I~! ~~~::;~I~¡;:ì!~~ro¡ ;¡"''''-''-''õ; :"r·,,-,¡¡~~I"U ;:;; ",..& .......'" I§ . ~§ ~ ----__0 '" f·,;';:.t1:~t:~.::,,~ ¡;¡ I!'~'~>'.' U !Sk~~ic~~k~ ~. ¡; ~. ·f§ . . au ~ !!I~~@~-8it~"l!lt~ i~~i;;Xl"~~m 4"U 81lAM8UTQN AVENUE, SW P.C).BO~20669 ROANQkl.\1IRGrNlA 74018 PHO'"'E:(54DJn.....11 ;:~·'Hf):;.·~·9,..$ f-M.All.MÞdL(ilLlJ,vSO(NPC.COM ADJOINING PROPERTY OVVNERS FOR TAX PARCEL 6410110 (L'-lPUD) (Trustees of Melrose Christian Church) TAX :\lAP NUMBER OWNER(S) / ADDRESS ZONING 6410106 ARS Properties, L.c., et also CLS(c) P. O. Box 20287 Roanoke, Virginia 24018 6410111 Greenwood Group, Inc. RMF(c) P. O. Box 11231 Blacksburg, Virginia 24062 6370111 Bishop Francis M. Zayck IN Eparch of St. Maron of Brooklyn 4730 Cove Road, N. W. Roanoke, Virginia 24017 6370102 New Horizon Limited Company CLS(c) / CN 3633 Dillards Hill Road Union Hall, Virginia 24176 6370101 First National Bank of Rocky Mount CN 1300 Kings Mountain Road Martinsville, Virginia 24112 6410108 Barbara T. Brammer CG 2386 Lock Haven Drive, N.W. Roanoke, Virginia 24019 6410107 Barbara T. Brammer CG 2386 Lock Haven Drive, N.W. Roanoke, Virginia 24019 ~, eN IN c; ... ,., '" ¿g ,., c ... ~ 4807 Cove Road, N.W. Official Tax No. 6410110 6370107 The Roanoke Times Roanoke, Virginia Affidavit of ?ublicùtion The Roanoke Tilnes --------- .---------+-.----- GLENN, FELDMANN, DARBY & GOODL PO BOX 2887 210 FIRST ST ROANOKE VA 24001 REFERENC3: 80078049 9953718 NOTICEOFPUBLICHEARTN State or Virginia Ci:.y of Roanoke I, (~hc undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of Vir~~~ia" Sworn and subscribed before me this _~~_day of November 2006. vJitness my hand and official seal. ~~~ -- /44J,tL --- M,fcommis ion e pi .. ,I' PUBLISERD ON: 11/0·1 11/11 '..." "'"1;;\' TOTAL COST: FILED ON: 416.06 11/13/06 ----~ NOTICE OF PUBLIC HEARING The CounCil of the Citv of! Roanoke will hold a PU'bliC · hearing on Monday. I'.ovember 20. 2006, at 7:00 p.m., or as soon thereafter asthematlermaybeh~ard'i in the Council Chamber. fourth floor. in the Noel C. · Taylor Mun;c.ipal BUilding. · 215 Church Avenue. S.W.. · Roanoke. Virginia. to · con~¡derthefollowing; ¡Request trom Trusltles of Mellose A~'enue Christian· Church. represenleft by' Maryellen F. Goodlalte, At torn e y, t hat an approximate .911 acre portion of property localed<It 4807 Co~e Road. N.W.. bearing Official Tax 1'.0. 6410110. be rezoned from INPUD, Institutional Planned, · Unit Development Di~tricl. to: , R·7. Residential Singlc; Family District. for the~ purpose of facilitating the: sale and de~elopment of the: subjcc.t property for single, 'family residential use. : A C(¡py of the petition is available tor review In the · Oltice of the Cit}" Clerk. Room 4S6, ~ocl C. Taylor; Municipal Building. 2151 Church Avenue. S.W.. Roanoke. Virginia. · All parties in Interest and, citizens may appear on the above date and be heolrd on the mailer. If vou are 3 person with 3 disãbility who neeftsaccommodationstor thishearlnJ:.plcascc.ontact · 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 2nd day of No~ember 2006. Stephanie ·M. Moon, CM/; Acting City Cferk. /9953718) +--------- -------------- "' - ~ Autho,,::'zed Signature:___~~~_~__ _~ Billing Services ,,., --, -< ,:-~ r-'- lTl :-:0 . Repres~tatlve ;j:: .. ~ ~_.~. ..c::.. ..., ::3 .$.1 1·.....:0· .is. -'::1 i;~~" :\OTlCE OF PUBLIC HEARING Thè Council ofthè City orRoanclkc~ \\'ill hold a public hèaring on Monday. '\Io\'Cmber ~IJ. ~IJO(,. at 7:1.11.1 p.m.. or as soon ther~alicr as the mallèr maybè heard. in the Council Chambèr. I')[ll·th tloo!". in the ~ocl C. Taylor Municipal ßuilding. 215 Church A\'~nu~. S. W.. Roanoke. Virginia. to consider the J()lIowing: Requcst frclm Trustees or\klros~ 1\\'enu,' Christian Church. r~presenled by Maryc!kn F. Goodlaltè. allorn~y. that an approximate' .911 acre portion or prc>perty located at 4S07 CO\'c Road. '\. W.. bearing Ol1icial Tax '\10. (,-II I) II U. bè raonèd rrom INPLD. Inslilulionall'lallned Unit De\'c!opmelll District. to R-7. Resickntial Single Family Distriel. for th~ purpOSè or facilitating the sale and clecdopmentorth~ subject property ror singk ¡'lI11ily resid~ntialuse. ¡\ copy orthe Pdition is a\'ailabl~ 1,1r re\'i,'w in the omcc c'"the City Clerk. Room -I5h. Noel C. Taylor l\-Iunicipal ßlIilding. 215 Church A venUè. S. W.. Roanclkè. Virginia. All parties in inte'rèsl and citizens may appear on th,' above date and be heard (In the mailer. I ryou ar~ a person with a disability \\'ho neèds accommodations Il)r this hearing. please contacllhè City Clerk's Ome,'. at S5~-25-11. befor,' noon on the Thursday bdore the dal,' orthe hearing listed abo\·e. GIVEJ\ unlkr my hand this 2nd day or November .2()(6. Stephanie M. \100n. C\1C Acting City Clerk. ". ~.i! :":' 'I:S S-~lI::.'lll:,>l: .\\'1::';1 ï: ~ "l1::[S I J.\~ l"!: ;I\'."I! ~ I /( )',1" I" II. Notice to Puhlisher: Publish in the Roanoke Times once Oil Saturday, November 4, 2006 and Saturday. Novemher II, 2006. Send affidavit to: Stephanie M. Moon. Acting City Clerk 215 Church Avenue, S. W. Roanoke. Virginia 240] 1 (540) 853-2541 Send bill to: Maryellen F. Goodlatle, Atty. Glenn, Feldmann, Darby & Goodlatte P.O. Box 2887 Roanoke, V A 2400 I 224-8000 .;;~ - ' ... ~n ' CITY OF ROANOKE OH"ICE OF THE CITY CLERK 215 Church Awnue, S. \Y., Room .tS6 Roanoke. Virginia 2.tOll-IS36 TelelllulIIe: (S-ItIl 8:-3-25"'1 FôlX: tS..sOI KS.\-ll-t,S E-nmil: dl'rk(!l"roanokl·\"a.gm' SIIEII,....",H....IIDH" Assi...l::mt Ci(~' Ch.'rk STEI'I1A~IE M. )[OO~. ("Me Al·(ill~ lily Clt'rk October 30, 2006 ARS Properties, LC, et al Greenwood Group, Inc. Bishop Frances M. Zayek. Eparch of St. Maron of Brooklyn New Horizon Limited Co. Barbara T. Brammer 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, November 20, 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 Melrose Avenue Christian Church, that a tract of land located at 4807 Cove Road, N. W., identified as Lot 1,0.902 acre, Official Tax No. 6410 110, be rezoned from INPUD, Institutional Planned Unit Development District, to R-7, Residential Single-Family District. 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, Tvì.~~...¿ Stephanie M. Moon, CMC Acting City Clerk SMM:snh pc: Daniel Hale, Jr., President, Miller Court, NA4425 Oleva Street, N. W., Roanoke, VA 24017 ARS Properties, LC, et al. P. O. Box 20287 Roanoke, VA 24019 . ,Greenwood Group, Inc. P. O. Box 112~1 -Blacksburg, VA 24062 . 'Bishop Frances M. Zayek, Eparch of St. Maron of Brooklyn 4730 Cove Ro'ad, N.W. ,Roanoke, VA 2401 7 . "r~ew Horizon Limited Co. '3633 DillardsHill Road Union Hall, VA 24176 Barbara T. Bràmmer 2386 Loch Haven Drive, N.W. Roanoke, VA 24019 Daniel Hale, Jf:., President, Miller Court, . NA4425 Oleva Street, N. W., Roanoke, VA 24017 ." ,~ CITY OF ROANOKE OFFICE OF THE CITY CLERK 21S Church Avenue. S. W.. Room ~56 Roanoke. Virginia 2~OII-1536 Telephollt·: (:;-1111 K5.~-25"'1 F:tx: t!'4fIl853-11'¡S E-m~lil: dt·rkl.~\\roallokl·\·a.go\· SHEILA ~. HAKTMAl'; Assistant City C1~rk «P~ - .. .- \. ~.¡ .~ ,- STEJ)II,\!\;IE :\1. MOO~. Ci\.H.: Acling City ('Jt'rk October 26, 2006 File #51 Maryellen F. Goodlatte, Attorney, Glenn, Feldmann, Darby & Goodlatte P. O. Box 2887 Roanoke, Virginia 24001 Dear Ms. Goodlatte: Pursuant to provisions of Resolution No.2 5 52 3 adopted by the Council ofthe City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, November 20, 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 Melrose Avenue Christian Church, requesting rezoning of a tract of land located at 4807 Cove Road, N. W., identified as Lot 1,0.902 acre, Official Tax No. 6410110, be rezoned from INPUD, Institutional Planned Unit Development District, to R-7, Residential Single-Family District. For your information, I am enclosing copy of a report of the City Planning Commission and a notice of public hearing. Please review the documents and if you have questions, you may contact Steven J. Talevi, Assistant City Attorney, at 540-853-2431. Questions with regard to 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 November 20 public hearing. Failure to appear could result in a deferral of the matter until a later date. Sincerely, ~ìn·0o¿¡yJ Stephanie M. Moon, CMC Acting City Clerk SMM:snh Enclosure \.";~~ tti .- .' ~;t ~'SiJlJ~'" CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Annu., S. W., Room .tS6 Roanoke, Virginia 24011-15.'6 Tell'phone: (540) 8';.'-2541 Fax: (540) H53-UtS E-mail: dCl"k(~·rm.mokc\·u.~u,· SHEll,\ N.IIAKTMAN Assistant <.ït~· Clt'rk STEl'IIA:\1E ,I. "00'1. CMC Acting <":it}' Clerk September 28, 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 an Amended Petition received in the City Clerk's Office on September 28, 2006, from Maryellen F. Goodlatte, Attorney, representing the Trustees of Melrose Avenue Christian Church, requesting rezoning of a tract of land located at 4807 Cove Road, N. W., being 0.911 acres of a larger parcel identified as Official Tax No. 6410110, be rezoned from INPUD, Institutional Planned Unit Development District, to R-7, Residential Single-Family District. Sincerely, ~m.~~ Stephanie M. Moon, CMC Acting City Clerk SMM:snh Enclosure pc: The Honorable Mayor and Members of the Roanoke City Council (w/our enclosure) Maryellen F. Goodlatte, Attorney, Glenn, Feldmann, Darby & Goodlatte, P. O. Box 2887, Roanoke, Virginia 24001 (w/out enclosure) 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 Christopher Chittum, Senior Planner GLE~N FELDMANN DARBY.. '. GOODLATTE .~ I , I,". :'.:~.: :..: \':: .ii .:.,.: ¡":".'Iì ,.- ""'",:.;, ,"r::.'.·-:: ...:·:,.;;'1 -. ""," . -.._, I . . _ ~ "~. F "., ~,C:".'.:· .'-.\·'ii :.,:,', !;~..: : 'I', I\l\f{'JTLl.I:,\ F. GOi}["):...\"lTJ- -- r1~"'''I>-t·..,,· n.",,' CTT"I f'i ERlI." :fi.1~. C{:r;''''''¡; J-'~!'. I:,)J! __....-"')1:< £ l....L .\ '. ,_, ._l!- 1..~1·:il ·'irgrr:irt'tDx.;¡ g:ì.]g,"¡l;~l Septembcr 28, 2()0(i I-I.-\.'\D DELIVERED \11'. Chris ChiuulTl Se:nior Planncr Roanoke: City Planning Departllle:nt 215 Church Avcnue:. S,W. \lunicipal Building. Room 1 Ü(¡ Roanoke. Virginia 2-1011 Re: Re:Loning ot' a tract of land locate:d in the: City of Roanoke at .:1807 Con: Road, 1\. \\,., being O. l)] J acres "t' a larger parcel Tax rvlap '\0.6-1]0110 (0.1)11 acn:s) lromlNPLjJ) to R-7 Dear Chris: We enclose an original and t\lO copics of the Alllcnded Petition with a]1 exhibits att,lehed thereto for ¡he above-rcferenced rezoning. If you havc any qucstiolls or need Curther information, please dOllot hesitate to call1lle. Very truly yours, ~ I\-:larydkn F. (Joodlatte MFG:lnh:61-l'i(()() Enelosure:s C~: v\,ls. Marv F. Parker (\I.'encs.) (HAND DJ-::L1\-ï-'RED¡ - . \klrose A Yenue Christian Church (\\iencs.) 1:-.1 TH E COU:-.ICTL OF THE ern OF ROA1\"OKE. VIRGINIA Il\"RE: Rezoning of a tract of land located at 4807 Cove Road, N.W., being 0.911 acres of a larger parcel, which largcr parcel is official Tax Map ;'Iumbcr 6410110, from ['PUD, Institutional Planned Unit Development, to R-7, Residential Sin¡:le-Family. AMENDED PETITION TO THE H01\ORABLEMA '{OR AND MEMBERS OF THE COCNCIL OF THE CIT'{ OF ROA:\OKE, VIRGINIA: Petitioner Trustees of Melrose Avenue Christian Church own real property in the City of Roanoke, Virginia, containing 5.812 acres located at -1807 Cove Road, N.W.. and having Ofticial Tax Map "umber 6410110. The Petitioner wishes to rezone a portion of that property identified as Lot I on the "Plat of Survey Subdividing 5.812 Acres, Tax #6410110, Property of Trustees of Melrose A venue Christian Church. D.B. 691. Pg. 429, Creating Hereon Lot "1" (0.911 Ae.) 8:. Lot "2" (4.901 Ae.) Silllated Along Cove Road. N.W.. Roanoke, Virginia," prepared by Lumsden Associates. P.c.. Engineers-Surveyors-Planners. dated Septl'mber 25. 2006. The propeny is currently loned INPUD. Institutional Planned Unit Development. A map of the property is attached hereto as Exhibit A. The subdivision plat described above has been submiited to the City for revie\\' and approv;". The metes and bounds description fur th\: 0.911 acres which is th\: subject ufthis petition is attached hereto as Exhibit B. Pursuant 10 Section -'6.2-541. Code of the City of Roanuke (1979). as amended. Petitioner relJuests that the said property be rezoned from 11\PFD. Instillltional Planned Unit De\'Clopment, to R-7. Residential Single-Family. to Ü,cihtate its sale and develoPlllent as single-farnily r\:sidelltia1. Attached hereto as Exhibit C is the concept plan esselltially the subdivision I'Ll! described in ¡he lìrs¡ paragraph of this petition. The concept planlkpiets the brick hOlllc located 011 the property. tlJrl11erly serving as ¡he Church's parsonage but no longer needed for that purpose. l11aking it ideal for single-bmily residential use. Your petitioner believes the rezoning of the property will fl/l1her the intcnt and purposes ofthc City's Zoning Ordinancc and its Comprchcnsivc Developmcnt Plan. Attaehcd as Exhibit D are the names. addresses and tax numbers of the owners of all lots or properties immediately adjacent to, imlllediately across a street or road fi'om, the property to be rezoned. WHEREFORE. your 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. This Petition is respectfully submitted this2.~-r~ay of September. 1006. TRUSTEES OF MELROSE A VE'\UE CHRlSTIAì\ CHeRCII By: rlÍw.~-Y""> E ,(~...<,..... -----of\:'ounse) '-'1aryellen F. Goodlatte. Esq. Glenn, Feldmann. Darby & Goodlatte 110 1st Street. S.W., Suite 100 P. O. Box 2SS7 Roanoke. Virginia 1-1()(J!-28S7 (5-10) 22-1-8018 - Telephone (540) 22-1-8050 - facsimile mgoodlatte(å .!!fd g.eom ...... ,........ -" Trusters of.Melrosr Avenue Christian Church. owner of tho: propcrty subjeo:t to this anwTlded pctiÜon hereby conSl'llt to this rCLOning. TRUSTEES OF ,vIELROSE A V El\l.JE CHRISTlA'\i CHURCH By: ';;(,''"'- $ ~ Lee S. Anthony V By:__._-_ " ,_,. Dorothy G. :\1)'T1CS By: Emily G. 'Sutphin \ , , ... ,-._/...2n~· "j"? By: (: ! \. 1..":,, . -..: . ...;:, ' ,,' ~' _ "y -c2· .~.. (_ -< ",-:.:;h- Inez 1-1. ¡haft 1/ Çl . ;"", ,,! By. ·t).) "¿/~"¡."'; ....'" ~ . ---..,.....- - 1 Bess J. Rhodes ~. - 1!.¡.·rL''..<L . \. .., .......,. CLlIum: 2006-151 Th.: following is a ùeed ckscriptillll for Lot I (0.911 ac.) heing part of subdi\'ision of prop.:rty of Trustees of l\-Jc1rose Avenue Christian Church as preparcd by Lumsden Associates. P.c.. dmcd Scptember 25, 2006. Thc description is as follows: BEGIN;\I?\G at Corner #7. an iron pill set, said point locatcd on the northerly right-of· way of Cove Road, ~w (Virginia Route 116), said point also being the southwesterly comer of Greenwood Group. Inc. (Instrument #00(013382); thence kaving Greenwood Group. Inc. and with Cove Road. N 66" 28' 51" W. 60.00 feet to Corner A: thence leaving Covc Road and with 5 new division lines through the property of Trustees of Melrose Avcnue Christian Church (original tax number (410110) thence ~ ISO 3ï' 57" E, 81.11 feet to Comcr ß, an iroll pin set; thence \i 19° 31' 57" \Y, 175.05 feet to Comer C. an iron pin set; thcnce ~ 040 44' 12" W. 96.10 feet to Comer D. an iron pin set; thence N 38" 05' 05'" E. 64.50 feet to Comcr E. an iron pin set: thence S 66° ocr 35'" E, 141.49 feet to Comer F, an iron pin set. said point localeù on the westl'rly boundary of Greenwood Group. Inc.; thence continuing with Greenwwood Group, Inc., S 11042' 06'" W, 362.32 feet to Comer #7, the place of I3EGJ}.;~NG and containing 0.91 1 acres. being Lot # I. as more particularly shown on pial prepared hy Lumsden Associates. P.c. dated Scptember 25. 2006. ::;l·.E:~Li~I~;~"J;? .. ~.>"':;::., .;'. '., -" .::: (" ". . '. .,~ ., ~. ~ ~. 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O~ I~"·..",". ~~·51.... ~.ø ;;!!;;~i;~i~ï~;~~ .. .~"~..~.,.~~~ ~[j~~n.~"~·~-. ~~~~~b~~:~~M~m ~~!i~'l'~~~~i5 -<"'\;!~i .~~·.h.aii~~··· 1~~·~~~~~¡~~iIU ~G .~¡¡~! §~~~~~~~~ ~g~~f'~"'~~ ~~ ~..~~ ~~·~~¡¡"5-.~ .S'~~ "~'~'~~~ '~M ffi~~~.~·1!~ ~~. ~ ij .~~~~~~~ ~ ~~ ~h.~· ~~ i i~ i~~I~i ~ ~ .~ ~~~~~. ¡; ~ ~. ~m~§~il ¡ . ~~ :..~~ ~ ~ ~~ ~~Õ"~ i I '. ~ ~~ i!~¡¡~~. ~ ~~ ~.~~~. ~., .~..~ ~ ìlI:i!' ¡:r¡i~~Q ~~" ~i·~~·" :¡¡ .~5ÕI ~~ ~ ~~ ..;- >'i .. ;~ tf"'I~) 1t"!~... ~ . ;¡ t .Li! ';- i~ ,,'. " ~'"" ,." võ><\-::")' .....". ':' ~t-- 8 :':0'-1 n~,=::¡ ;s~-¡. s:-' f!i :>:1'1- to:n 5: ~~2:::9. lD ? ~.; 1:: r'<...... -u G1 ~ ~A'.. : ~""~ N~ I . ~ ~ ~ ':i~ - ~ I ~~i ~ ~ h~ ~ a .§~ .. ~~. ~m~ ~ ~i;· ~!~¡¡I ~.¡~~ ~i!;~. '~I~~ hl,l: ¡m¡~1 / / f~ª~ ... '''! ~~ ~ '~'" .... ~ . I ;,~ ! ~ ¡; ~s -~ "' ,q . ,. ,- " >N n . C71;:-'O ~'ß~ " .. l¡-'è'~."~';~¡; ~. ~ ~'""' ~.., ~ 6~~~~'8h~!'" 0 , ~~'~~!h'~'iii r· ~..__. . LUMSDE\ ASSOCI ATES, PC ENG IN!,: I·: RS-:O;U R v E Y(lf{S-PLA:-lN r-;gS ROANOKE. VIRGINIA M·'~'"".··'V,","'!1 ! ~ F'> ~ i i ~ ~ ; ~i I¡~~~~ ~;;~!i ~ ~ õi II~I~§ ~~~~~~ ; ., I. "~..e .~.~{~ . ~ ;~ ~i~~~ ·~~I~~ ~ m .n' 0 ~~ ~ ~ I~r~~ ~~i~. ~ ~ f ~ .:~"~ ;~ii~ s i ~ ~ ~I;il ~i!~~: ~ ~ ~ ~.'eõ Iffii~~; ~ il i;I¡! ~~@¡~ ~ . ,§ ~~g~~ . ." .----<.~;t"'"""t:-- 1Ii~"'Jr'.~ or 1/4 I. ,-¡; ¡~~_.'~~~ .<J~~ I; - II:!~~" O/.~ ~~~i . ,it ,¡] ~~ "'". 1;; §" ~l i "[' ;i;¡:'~j'¡;;¡ ~I¡r. /, "~T",,~t1! ~:~,: '~(!ìl /',,'..,,. \ \ " ~-~_:::"~j: ,""'-', \';',' - ---\ õ'oi. j.'f /~IQ ~'" l~~\;"'--'\ s ;" ,:"],( ;; \'t- , ~ ", ¡ -.,."ij,......, /, ,/. ~ -'" ···-......l.. ~i¡t\ /" ..-'I."'i, ;..: . ~ .---_?!.~:..:~;.r~:~:~.:j< ~~'fi~ ; '~ --,~, \" ''''''),-, \, - M; /"',....:~<:.."!"~ /';' .' ..~.. ~ ~~~;;~~;';:~~¿;(:.~ AVI tll'E. sw ~f\·.NI.J~L. ....':¡GINIA ¡'Q1ß p·,'-:·'I': !S~C) ·.'~.U·: I" :54')::n.q4~; F MAl.' ·A·\I; @: l:,~'~L1U.,,(" .'(~."" TAX MAP :'IIl"IBER 64] OlOó 6-110111 6370111 6370102 6370101 6410]08 6410107 AD.lOIN1:--JCi PROPERTY 1.)W~ERS FOR TAX PARCEL 6410110 ({I\PUD) (Trusll'es of Mclrose Christian Church) OWNER(S) / ADDRESS ZONING ARS Prop.:rties. L.e., ct a1s. P. O. Box 20287 Roanokc. Virginia 2-1018 CLS(c) Grccnwood Group. Inc. P. O. Box 1123] Blacksburg. Virginia 24062 RMF(C) Bishop Francis M. Zayek fpaIT'/¡ of S1. Maron of Brooklyn 4730 Cove Road, 1\.W. Roanoke. Virginia 24017 IN New Hori/.On Limited Company 3633 Dillards Hill Road L1nion Hall, Virginia 24176 CLS{c) / C\' First Kalional Bmlk of Rocky Mount 1300 Kings \1ountain Road Martinsville, Virginia 24112 CN Barbara T. Brmllmer 2386 Lock Havcn Drive. N.W. Roanoke. Virginia 2401 \l CG Barbara T. Brammer 2386 Lock Haven Drive, N. W. Roanokc. Virginia 2-1019 CG ::\t~::~~·~.j:~.;.~·:·d:.;\: .~ .;...., : ". ....,..,. ". .,. ....-.: ; '."- . ',--.,':." ". "..,.... ......' TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE REZONING CLOSURE REQUEST OF: Trustees of Melrose Avenue Christian Church for portion of property at 4807 Cove Road, NW., Tax No. 6410110 from INPUD to R-7 ) ) 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 26th day of September, 2006, notices of a public hearing to be held on the 20th day of October, 2006, on the request captioned above to the owner or agent of the parcels listed below: Tax No. Owner Mailinq Address 6410106 ARS Properties, LC, et als POBox 20287 Roanoke,VA 24018 6410111 Greenwood Group, Inc. POBox11231 Blacksburg, VA 24062 6370111 Bishop Frances M. Zayek Eparch of SI. Maron of Brooklyn 4730 Cove Road, NW Roanoke,VA 24017 6370102 New Horizon Limited Co. 3633 Dillards Hill Road Union Hall, VA 24176 6410108 6410107 Barbara T. Brammer 2386 Loch Haven Drive, NW Roanoke, VA 24019 Notice also mailed to: Daniel Hale, Jr., President, Miller Court NA4425 Oleva Street, NW 24017 '1h~¡Jcw. iJT~ Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Wg'o',. 'hI, 26~f S,plembe'. 2006. . dqæ ~ Notary Public My Commission Expires: I !I~/cJ~ f I ,..::~", /:ª~ 4.. .....~ \ ! ..~'. .'. ! ",~;/ ~,\RY F. PARKER. OK City C¡('r~ CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W. Room 4511 Roanoke. Virginia 24011-1 536 T{'kpb01l(,: c 5..(.l ~.:'~-25.. 1 hlx. l~·\ln g5~-]I-1~ E-lll:til: (ll'1"U!:('J.ruanC1¡';~.\'1.l1:õ. STEI'IIAI'IE M. MOO~. Die Dl'mry Cny Clerk SHElU :". IIARTM,\~ A:::.$istant Cily Clerk September 8, 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 September 7, 2006, from Maryellen F. Goodlatte, Attorney, representing' Melrose Avenue Christian Church, requesting rezoning of a tract of land located at 4807 Cove Road, N. W., identified as Lot 1, 0.902 acre, Official Tax No. 6410110, be rezoned from INPUD, Institutional Planned Unit Development District, to R-7, Residential Single-Family District. Sincerely, J¢::FR,.~ m. ~~ Stephanie M. Moon, CMC Deputy City Clerk SMM:ew Enclosures pc: The Honorable Mayor and Members of the Roanoke City Council Maryellen F. Goodlatte, Attorney, Glenn, Feldmann, Darby & Goodlatte, P. O. Box 2887, Roanoke, Virginia 24001 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.:,n.l:MK,])'\lA'ClŒW1\RLZOl'I'\G A\"[l $TRL:LT CI (1~I:R[·RCZQn~n~s· Suee; ^1¡(~' ('b ~1elr"5e "\~ Cl:nSli:lT: Church (e.\"cRd dvc IN THE COL:\C1L OF THE CITY OF ROA'\OKE, VlRGI:\IA IN RE: Rezoning of a tract of land located at 4807 Cove Road, J'I:.\\"., being 0.902 acres of a larger parcel, which larger parcel is official Tax Map Number 6410110, from INPUD, Institutional Planned Unit Development, to R-7. Residential Single-Family. PETlTlOl' TO THE HONORABLE MA\"OR AND MÐ1BERS Of THE COLl\CIL OF THE CITY OF ROA\fOKE, VIRGI1\IA: Petitioner Trustees of Melrose Avenue Christian Church OW11 real property in the City of Roanoke, Virginia. containing 5.812 acres located at 4807 Cove Road. N.W., and having Official Tax Map Number 6410110. The Petitioner wishes to rezone a portion of that property identified as Lot I on the "Plat of Survey Subdividing 5.812 Acres, Tax #6410110. Property of Trustees of Melrose Avenue Christian Church, D.B. 691, Pg. 429. Creating Hereon Lot "1" (0.902 Ae.) & Lot "2" (4.910 Ae.) Situated Along Cove Rond, ':'..W., Roanoke, Virginia." prepared by Lumsden Associates. P.c.. Engineers-Surveyors-Planners, dated July 12, 2006. The property is currently zoned INPLD. Institutional Planned United Developmcnt. A map of the property is attached hereto as Exhibit A. The subdivision plat dcscribed above has been submitted to the City ·for review and approval. The metes and bounds description for the 0.902 acres which is thc subject of this petition is attached hereto as Exhibit ß. Pursuant to Section 36.2-541, Code of the City of Roanoke ([979), as amended, Petitioner requests that the said property be rezoned from INPLD, Institutional Planned blit Development. to R-7. Residential Single-Family, to facilitate its sale and de\-clopment as single-family residential. Attached hereto as ExhibiT C is The concept plan - essentially the subdivision plat described in the first para~'Taph of this petition. The concept plan depicts the. brick home located on thc property. formerly serving as the Church's parsonage but no longer needed for that purpose, making it ideal for single-family residentialusc. 'Your petitioner believes the rezoning of the propel1y will further the intent and purposes of the City's Zoning Ordinance and its Comprehensive Development Plan. Attached as Exhibit D arc the names, addresses and tax numbers of the owners of all lots or properties inunediately adjacent to, immediately across a street or road from, the property to be rezoned. WHEREFORE, your 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. t1... This Petition is respectfully submitted this 6 day of September. 2006. -- TRUSTEES OF MELROSE A VE:\t:E CHRISTL>\.); CHURCH By: )1~F'~ Of C unsel Maryellen F. Goodlattc. Esq. Glenn. Feldmann, Darby &: GoodJatte 210 1st Strect. S.W.. Suite 200 P. O. Box 2887 Roanoke, Virginia 24001-2887 (540) 224-8018 - Telephone (540) 224-8050 - Facsimile 111 "oodlatte(íi;dd \!.COI1l ~ ~...... ..... T~us!Cc, of \klro,e Avenue Christian Church. owner of the property suhject to this peli1ion hereby c()nscn~ to :-his rezoning. TRljS'l'EFS OF MELROSE i\ VI~'\l iE CHRISTIA1'\ CHURCH By: ìX...IZ..JL- ¿, ' -.....- .-"------.--". Lec S, Anthony If I , , I \./ ,'~ L ., By :._ -[)or~-Q-~iYQJ~-~-,....!..l-L::'1'=..L..L~-. Hy:___ .(~ v· L I. V ,'- .,' , . ~rn;(yL~, tir~il~----'º~líM'"cY1!-------n--- , --..-I {OJ / RY:__'~:~;~}/~~;:~~"-' --:../:7/.-------------- e#'" [' - " ,/ I ¡ 'v:. " , .-' ._n/%...e.........----z" - .~4 Be,s J Rhotlss ~~f~i~i~~ The foll0wing is a deed description for Lot 1 (0.902 ac.) being part of subdivision of property of Trustees of ~1elrose Avenue Christian Church as prepared by Lumsden Associates, P.e., dated July 12, 2006. The description is as follows: BEGIJ\\"f\iG at Comcr #7, an iron pin set. said point located on lhe nonh~r1y right-of- way of Cove Road, NW (Virginia Route 116), said point also being the southwesterly comer of Greenwood Group, Inc. (Instrument #0(0013382); thence leaving Greenwood Group, Inc. and with Cove Road, 1\ 66' 28' 51" W, 50.00 feet to Comer A; thence leaving Cove Road and with 5 new division lines through the property of Trustees of Melrose Avenue Christian Church (original tax number 6410110) thence N 11042' 06" E, 82.57 feel 10 Comer B, an iron pin set; thence '\1190 31' 57" W. 175.05 feet to Comer C, an iron pin set; thence N 040 44' 12" W, 96.10 feetlo Comer D, an iron pin sel; thence '\I 38° 05' OS" E. 64.50 feet to Comer E, an iron pin set; thence S 66° 00' 35" E, 141.49 feel to Comer F, an iron pin set, said point located on the wcsterly boundary of Greenwood Group, Inc.; thence continuing with Greenwwood Group, Inc., S ] 1042' 06" W, 362.32 feet to Corner i!7, thc place ofBEGlN')iING and containing 0.902 acres, being Lot #1, as more particularly shown oil plat prepared by Lumsden Associates, P.C. dated July 12, 2006. :~0':'-?;':i;\/;\},:~~¿XW?~f: :,::.,£XHIBIT.:B.; :.',': t.L.~;;t:;¡;;r~;.~..t@:~:J }.~;[;..,; " '. 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'fA"",X MAP :XCMBER 64]0106 6410]11 6370]11 6370102 6370]0] 6-110108 6410107 ADJOli'iING PROPERTY OWl\"ERS FOR TAX PARCEL 6410] 10 (INPUD) (Trustees of Melrose Christian Church) OW~ER(S) / ADDRESS ZO:XING .'\RS Properties, L.c., et also P. O. Box 20287 Roanoke, Virginia 240] 8 CLS(c) Greenwood Group, Inc. P. O. Box] 123] Blacksburg, Virginia 24062 RMF(c) Bishop Francis M. Zayek Eparch of St. Maron of Brooklyn 4730 Cove Road, N.W. Roanoke, Virginia 2-1017 ,....., ,,~ New Horizon Limited Company 3633 Dillards Hill Road Union HalL Virginia 24] 76 CLS(e) / CN First National Bank of Rocky Mount 1300 Kings Mountain Road Martinsville, Virginia 241]2 C:-; Barbara T. Brammer 2386 Lock Haven Drive, N.W. Roanoke. Virginia 24019 CG Barbara T. Brammer 2386 Lock Haven Drive, N.W. Roanoke, Virginia 240]9 CG. ¡æ;N:'.Úi;,3~~:¡V·. ;?q~\~~!}; ,...-E):ŒlI B 1].D.'::"'c ~ji;f::·:'H~~';;1;·(¿<~l~1~1}~ GLEr\>-J FELDl\1A '\J~ DARBY GOODLA TIE :. ~ ',: ' . .... .>~. ". \". ::.,'¡"- ':}.. v· t·.·.-.:;..r:J,..·: ',:, ~". .'.'.': j.:,. :: ~ -...].-,: ':' ".~,.: ': .,:¡ "._ ~'i ..-: ;;:.:. F.,:.: ~,.;i· :::>1 .,<.~,,> ,-··:t;·'::·l,:.·.·::1 ".,' ~:t..\Rì·J::LLI~:"" F. GO()~)L.-\ TTF I.kCl't !.Ù¡lt5"¡'(11 ~2":'·~:;"1] 1\ [-:na:: lì1~,.l(,db::I.:·i¡·g:i:]~.i:\lnl September 5. 2006 lIA!\D DELIVERED \Ir. Chris ChiitLlIll Senior Planner Roanoke City Planning Department 215 Church A vcnue, S. 'vV. Municipal Building. Room J 61i Roanokc. Virginia 24011 Re: Rezoning of a tract of land located in thc City of Roanoke at 4807 Cove Road. N.W.. being 0.9u2 acres of a larger parcel. tì-om f\iPLD \0 R-7 Tax \lap :--Jo. 6-110110 (0.902) DL'ar Chris: Pursuant to J\lelmse Avenue Christian Church's rezoning request. \ve enclose the: tollowing ¡Ör liIing: I. An original and t\\'o copies of a Petition. with all cxhibits allached thcreto. reqw:sting that a tract of land locatcd in thc City of Roanoke Ul -1807 Co\·e Road. 1\.\\'.. being U.'iU2 acres of a larger parccl. be re/Oned lroml1\PL:D to R-7: , Nine copies of the wncept plan: and 3. A check in the amount,lfSli25.I.JO to cover the cost l,f filing. If YOIl have any questions or need iitrther intOJlnalion. please do not hesitate to call me. \' ery truly yours. ~ Maryellen F. Goodlaitc .'vlFG: Inh:6 149U(JU EnclosufCs cc: .;{¡s. \,lary F. Parker (wiencs.) (HAND DELIVERED) \1e1rose Avenue Christian Church Iwienes.) Zoning Amendment/Conditional Rezoning Filing Compliance Statement Petitioner: 17....s-\ee.. ~ (~(f't)se ~ C.hrj.:;H""" Cl.,,~~ Date "t-ì-Ó{.. Petition Includes: 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. 4. Concept plan outlining features of the proposed use of the property including buildings, parking, access. and similar features; 5. Map of the area requested for rezoning; 6. Names, addresses and official tax numbers of owners of the lots or property immediately adjacent to and those directly opposite thereto. DO Filing Fee: $ ~25 - ~fJ,?r~ Secretary, City Planning Commission Fee Schedule Rezoning to Residential Districts RA, R-12. R-7, R-5. R·3. RM·, RM-è, RMF 5600 + Sï. 5 per acrE" or any portion Rezoning to Commercial Districts CN, CG,CLS 5900 + 525 per acre or any portion Rezoning to Industrial Districts J-1, 1-2 5900 ~ S2~ per acre or any portion Rezoning to Special Purpose Districts D. Downtown MX. Mixed U!le IN. Institutional District ROS, Recreation and Open Space AD, Airport Development 5900 ""- 525 per acre or and portion Rezoning to Planned Unit Developments DistriclS MXI'UD. Mixed PUD INPUD, Institutional PUD IPUD, Industrial PUD $1.000 ; 5:25 per acre or any portion Rezoning to OVNlay Districts H·I, Historic Downtown 11-2. Neighborhood Historic NO. Neighborhood Design RCC, River and Creek Corridor (S. Comprehensive Sign Sè50 Amendment to Proffered Condirions S500 CITY OF ROANOKE OFHCE OF THE CITY CLERK 215 Church A\'<nuo, S. W.. Room '¡56 Roanoke. Virginia 2'¡OII-1536 Tl'Il'phoDC: (54(1) 853·25·11 Fax: 15401853-1145 E-m;,til: dl'ckCi!)ronnokE"·a.~O\· SIIEIU X HARnIAf\; Assisl:.lIIl Cit~· C1l:'rk SU:I'IHNlE .\1. .1100'1, D'C Acting Cil)" Clerk November 22, 2006 File #79 Barbara A. Smith, President Refugee and Immigration Services Catholic Diocese of Richmond 1106 9'h Street, S. E. Roanoke, Virginia 24013 Dear Ms. Smith: I am enclosing copy of Ordinance No. 37628-112006 exempting the Refugee Resettlement and Immigration Services, Catholic Diocese of Richmond, an organization devoted exclusively to charitable or benevolent purposes on a non-profit basis, from real estate property taxation certain property located at 3719 Melrose Avenue, N. W., identified as Official Tax No. 2761605, effective January 1, 2007. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting, which was held on Monday, November 20, 2006, and is in full force and effect upon its passage. Sincerely, ~tr,. ÞÝ)tJ1IYV Stephanie M. Moon, CMC Acting City Clerk SMM:ew Enclosure Barbara A. Sm ith November 22, 2006 Page 2 pc: John P. McDowell, Resettlement Coordinator, Refugee and Immigration Services, 1106 9'h Street, S. E., Roanoke, Virginia 24013 The Honorable Sherman A. Holland, Commissioner of the Revenue The Honorable Evelyn W. Powers, City Treasurer Jesse A. Hall, Director of Finance Susan S. Lower, Director, Real Estate Valuation R. Brian Townsend, Director, Planning, Building and Economic Development Sherman M. Stovall, Director, Management and Budget þ IN TIlE COC:-':ClJ. OF THE CITY OF RO,,"'\[OKE, VIRGINIA The 20th day of November, 2006. No. 37628-112006. AN ORDINANCE exempting Iì'om real estate property taxation certain property located in the City of Roanoke of the Rcfl1gee and Immigration Services. Catholic Dioccsc of Richmond, an organization dcvoted exclusively to charitable or benevolent purposcs on a non-profit basis; providing for an effcctive date; and dispensing with the second reading by title of this ordinancc. WHEREAS, Refugee and Immi~'Tation Services, Catholic Diocese of Richmond (hereinafter "the ApplicanC). has petitioned this Council (0 exempt certain real property of the Applicant from taxation pursuant to Article X, Section 6(a)(6) of the Constitution of Virginia; WHEREAS. a public hearing at which all citizens had an opportunity to be heard with respect to the Applicant's petition was held by Council on November 20, 2006; WHEREAS, the provisions of suhsection B of Section 58.1-3651, Code of Virginia (1950), as amcnded, have been examined and considered by the COlUleil; WHEIŒAS, the Applicant agrees that the real property to be exempt from taxation is ccrtain real estatc, including the land and any building located thereon, identified by Roanoke City Tax Map ~o. 2761605 and located at 3719 Melrose Avenue, XW" (the "Property"), and owned by the Applicant, sha1l be used by the Applicant exclusively for charitable or benevolent purposes on a non-pront basis; and WHEREAS, in consideration of Council's adoption of this Ordinance, the Applicant has voluntarily agreed to pay each year a service charge in an amount equal to twcnty percent (20%) of the City of Roanoke's real estate tax Icvy, which would be applicable to the Property were the Property not exempt from slleh taxation. f()r so long as the Propcrty is exempted frum such K:\.\kasures\tax exempt Refugee and Irr.migration Selviccs :!Q06.do.:: taxation; THEREFORE, BE IT ORDAr~ED by the Council of the City of Roanoke as follows: I. Council classifies and desib'nates Refugee and Immigration Services, Catholic Diocese of Richmond, as a charitable or benevolent organization within the context of Section 6(a)(6) of Article X of the Constitution of Virginia, and hereby exempts from real estate taxation certain real estate, identified by Roanoke City Tax Yfap No. 2761605 and located at 3719 Melrose Avenue, N.W., and owned hy the Applicant, which property is used exclusively for charitable or benevolent purposes on a non-profit basis; continuance of this exemption shall be contingent on the continued use of the property in accordance with the purposes which the Applicant has designated in this Ordinance. ~ ~. In eonsidcration of Council's adoptiOll of this Ordinance, the Applicant agrees to pay to the City of Roanoke on or before October 5 of each year a service charge in an amount equal to twenty (20%) perccnt of thc City of Roanoke's real estate t:lX Icvy which would be applicable to the Property. were thc Property not exempt from such taxation, for so long as the Property is exempted from such taxation. 3. This Ordinance shall be in full force and effect on January], 2007, if by such timc a copy, duly executed by an authorized ofJiccr of the Applicant, has bœn filed with the City Clerk. 4. The City Clerk is dirccteù to forward an attcsted copy of this Ordinance, after it is properly executed by the Applicant, to the Commissioner ofthc Rcvenue and the City Trcasurer for purposes of assessment and collection, rcspectively, of the service charge cstab]ished by this Ordinance, and to Barbara A. Smith, Regiona] Director, Refugee and Immigration Services, Catholic Diocesc of Richmonù. 5. Pursuant to Scction ]2 of thc City Chmier. the second reading of this ordinance K :\MeasureS\lax excmpt Refugee anù Immigration Services 2006.doc by title is hereby dispensed with. ATTEST: h1.~ City Clerk. ACCEPTED, AGREED TO AND EXECUTED by Refugee and Immigration Services, Catholic Diocese of RiclnTIond, this __~_ day 01'____ .2006. REFUGEE AND IMMIGRATION SERVICES, CATHOLIC DIOCESE OF RICHMOND By (SEAL) Printed Name and Title K:\.'\fe:lsun.:s\tax exempt Refugee and Immigralion Services 2006 doc CITY OF ROANOKE OFFICE OF THE CITY MANAGER \;,,,,1 C. TdY!.)" Municipd¡ Building 215 Chun.:h A\'L'llUC, S.\\Ï.. R(lom 36-1 Ro.1Il0Ke. Virginia 2·toll-I~91 Tl'Ic~~lhlnl.': l:>-!Ilj s:'.i-~.l~J I.n ¡:; un ~:;~-Il ~~ City \\\·b: \\'\,"\\".n',llwkl'\",\ ¡";ll\' November 20, 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 Subject: Tax Exemption Refugee and Services Request from Immigration Dear Mayor Harris and Members of City Council: Background: The Refugee and Immigration Services of the Catholic Diocese of Richmond own the property known as Tax Map number 2761605 located at 3719 Melrose Avenue, NW, Roanoke. The primary purpose of the Refugee and Immigration Services is to resettle refugees in the Roanoke Valley in accordance with United States government policies. Annual taxes due on the parcel above are $523.60 on a total assessed value of $44,000. Considerations: On May 19, 2003, City Council approved a revised policy and procedure in connection with requests from non-profit organizations for tax exemption of certain property in the City by Resolution 36331-051903, with an effective date of January 1, 2003. The Refugee and Immigration Services have provided the necessary information required prior to October 15, 2006, the deadline for applications for exemptions that would take effect January 1, 2007. According to the Office of the Commissioner of the Revenue, the total loss of revenue to the City on the property will be $418.88 annually after a twenty Honorable Mayor and Members of Council November 20. 2006 Page 2 percent service charge is levied by the City in lieu of real estate taxes. This service charge will be $104.72. Commissioner of the Revenue, Sherman Holland, has determined the organization is currently not exempt from paying real estate taxes on the property known as Tax Map number 2761605 by classification or designation under the Code of Virginia. The IRS recognizes it as a 501 (c) 3 tax-exempt organization. Notification of a public hearing to be held November 20, 2006, was duly advertised in the Roanoke Times. Recommended Action: Authorize the Refugee and Immigration Services of the Catholic Diocese of Richmond exemption from real estate property taxation pursuant to Article X, Section 6 (a) 6 of the Constitution of Virginia, effective January 1, 2007, for the property known as Tax Map number 2761605 located at 3719 Melrose Avenue, NW, Roanoke, if the organization agrees to pay the subject service charge by that date. Respectfully submitted, Darlene L. B cham City Manager DLB/rbl c: Honorable Sherman A. Holland, Commissioner of the Revenue Honorable Evelyn W. Powers, City Treasurer Stephanie M. Moon, Acting City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Susan S. Lower, Director of Real Estate Valuation R. Brian Townsend, Acting Assistant City Manager for Community Development Sherman M. Stovall, Director of Management and Budget CM06-00 1 86 .. DEPARTMENT OF MANAGEMENT & BUDGET Noel C. Taylor Municipal Building 215 Church Avenue, SW. Room 354 Roanoke, Virginia 24011 540.853.6800 fax: 540.853.2773 November 7, 2006 Barbara A. Smith Regional Director Refugee and Immigration Services Catholic Diocese of Richmond 11 06 9th Street, SE Roanoke, VA 24013 Dear Ms. Smith: The Refugee and Immigration Services, Catholic Diocese of Richmond, filed a petition requesting exemption from taxation on real property located at 3719 Melrose Avenue, N.W., and identified as tax map number 2761605, in the City Clerk's Office on September 27,2006. Pursuant to the requirements of the Virginia Code, the City of Roanoke is required to hold a public hearing if it wishes to consider a petition for a tax exemption. At a regular session of the Roanoke City Council held on Monday, November 6, 2006, the Council approved a request of the City Manager to hold a public hearing on Monday, November 20, 2006, at 7:00 p.m., or as soon thereafter as the matter may be heard, to receive citizen comments on the request. A notice of public hearing with regard to the matter will be published in the Roanoke Times on Friday, November 10, 2006. Your organization will be billed for the amount incurred for publishing the notice. I am forwarding you a copy of a Council Report dated November 20, 2006, from the City Manager's Office addressed to the Mayor and Members of City Council regarding the petition. Although we are recommending authorization for exemption from real estate taxation on the property, please be advised that the final decision with regard to the exemption rests with City Council. Council will also consider citizen comments from the public hearing. It is suggested that a representative from the organization be present at the public hearing on November 20'h to respond to questions that may be raised regarding the petition. The session will be held in City Council Chamber, Room 450, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W. '. !. If you have any questions regarding this information, please feel free to call me at 853-1643. Sincerely, t6-è4~), R. B. Lawhorn, Jr. Budget/Management Analyst Department of Management and Budget Enclosure pc: John P. McDowell, Resettlement Coordinator, Refugee and Immigration Services, 11069'" Street, SE, Roanoke, VA· 24013 {Stephanie M. Moon, Acting City Clerk '. I. November 20, 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 Subject: Tax Exemption Request from Refugee and Immigration Services Dear Mayor Harris and Members of City Council: Background: The Refugee and Immigration Services of the Catholic Diocese of Richmond own the property known as Tax Map number 2761605 located at 3719 Melrose Avenue, NW, Roanoke. The primary purpose of the Refugee and Immigration Services is to resettle refugees in the Roanoke Valley in accordance with United States government policies. Annual taxes due on the parcel above are $523.60 on a total assessed value of $44,000. Considerations: On May 19, 2003, City Council approved a revised policy and procedure in connection with requests from non-profit organizations for tax exemption of certain property in the City by Resolution 36331-051903, with an effective date of January 1, 2003. The Refugee and Immigration Services have provided the necessary information required prior to October 15, 2006, the deadline for applications for exemptions that would take effect January 1,2007. According to the Office of the Commissioner of the Revenue, the total loss of revenue to the City on the property will be $418.88 annually after " Honorable Mayor and Members of Council November 20, 2006 Page 2 a twenty percent service charge is levied by the City in lieu of real estate taxes. This service charge will be $104.72. Commissioner of the Revenue, Sherman Holland, has determined the organization is currently not exempt from paying real estate taxes on the property known as Tax Map number 2761605 by classification or designation under the Code of Virginia. The IRS recognizes it as a 501 (c) 3 tax-exempt organization. Notification of a public hearing to be held November 20, 2006, was duly advertised in the Roanoke Times. Recommended Action: Authorize the Refugee and Immigration Services of the Catholic Diocese. of Richmond exemption from real estate property taxation pursuant to Article X, Section 6 (a) 6 of the Constitution of Virginia, effective January 1,2007, for the property known as Tax Map number 2761605 located at 3719 Melrose Avenue, NW, Roanoke, if the organization agrees to pay the subject service charge by that date. Respectfully submitted, DLB/rbl Darlene L. Burcham City Manager Attachment c: Honorable Sherman A. Holland, Commissioner of the Revenue Honorable Evelyn W. Powers, City Treasurer Stephanie M. Moon, Acting City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Susan S. Lower, Director of Real Estate Valuation R. Brian Townsend, Director of Planning, Building, and Economic Development Sherman M. Stovall, Director of Management and Budget CM06-00186 The Roanoke Times Roanoke, Virginia Affidavit of publication The Roarloke 7~mes +--------- .----- REFUGEE RESETTLEMENT AND IMMIGRATION S 1106 9TH STREET. SE ROANOKE VA 24013 REFERENCE: 80146605 9960503 NOTICE OF PUBLIC HE^ --. . -To! MOnCE OF 1 PU~L1C HEARING I; . Noticc is hNehy ~IVI'~l. th.:ll the Cit~ CounCIl o! tile I City of Rom:oke will hold.:l. yublrc.hC'.1ringm its r':!suial' mE'ctlng tll be hC'id on f';o'iC'rnbcr 20. 2006.: commC'ncing <117:00 p.m.. in I the Council Chanlbúrs 4:h ,Fi(lor. Not'1 c. Tàytorl' Municipal Builc!!ns:. 215 ¡Church Av.:onue. S.W..· RO.:lnCl!iC'. Virginiû on thel questio.'lof3doplionof,ln ordin;Jllre pursuant tol I §5R.13651. Code of Virginl<.l '(19501. as ampnd·ed.[ I <lPllrO~"In¡'; th<'! request tlf . Refugee and Immi~r<!tionl ,Se'\ices C<llholic Oiòcest' of Rlchmor:d. for dCSlgn.:ltiOn¡ ; of II" retll'prop~rty, icentifitld as Offic;;ll To:l\ No. 2761605 II .:lnd loc<I!ed <113719 Melrose I · Avenue. o..¡.W.. to b", p.\c-rnptt'dfromt¡H.:Ition. '. Tnt:! tot<ll olssc~s!;'d v,~lue I 1 ofthp.<lppIiC,l'lt'SreiJlesliltt:! I for tal ~.:'ar 2006 '2007 Is S44.0CJO.ùO. with a tot<ll real I lE'st.,te ti:1~ ass",ssment (If 5523.60 lor the 2006 2007 IlûA YC'flr. The Illssof' n've'nuC' will be S418.881 I· ,~nnuaily oflt'r.o 2~<l¿. ~t:!f'¡;ce 1 ,charg!! rs le\'ICld In IIt'u of. I real cst<lte t;J~es. I Cltizens's''Hl1I h<lvc Ihl:.' · op'portunll~ to be ht:!<lrd <1f"ld I exprC'~s their oprnlons on 1 thIS matter.lt \fOU nrt! Il IPC'rsonWilhûdiSilbih:YWhO' neCdSilccommOdiltionsfor[ thiS public 11E:<Jnng. r.ont'.lct I the City Clerk's OffiCI::'. 853-2541. b~'12:00 r.oon on · Th~rSd.:lY· Novl'mber 16.· 1,,06. . '1 GIVEN ur.der my h¡md ['lhIS7th d<1Yof t-lov"mber"1 2006. . 1 StC'phllllieM.,\1oun, AclingClty Clerk. 119960503! . . . ,_. - 1 State of Virginia City of Roanoke If (the undersigned) an authorized representative of the Times-World Corporation, which corporation is Pllblisher of t~e Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the anr.exed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of ViLPi~a. Sworn and subscribed before me this __~__day of November 2006, Witness my hand an~ficial seal. --J.t1I1J& ~.( My! commTs~ion , I' ~ I I , PUBLJSH~D ON: 11/10 t;: I;;,;'.' TOT^L COST: FILED OK: 181.66 11/13/06 . - - + - - . Authorized /J..... ~ M (\.... .11 Signaturc:_~Q_=;~______!_t_~__~_' Billing Services Representative n ::~ ,-, ,- 'T ~~~ . .~v. l5:~, ~;~ ,..... ..1:::-'. 'co '" ·SI ,..... .r~. ""'~ ~~ .... NOTICE OF PUBLIC HF:ARll'G Notice is hcreby givcn thallhc City Council oflhe CityofRoanokc will hold a public hearing at ilS regular meeting to bc held on Novcmber ~O, 200(;, commcncing at 7:00 p.m., in the Council Chambcrs. -Ilh Floor, Noel C. Taylor I\funicipal Building, 215 Church Avenue, S. W., Roanokc. Virginia on the queslion of adoption of an ordinance pursuant to §58.1-3651. Code of Virginia (1950). as amended, approving the rcqucst ofRcfugee and Immigralion Services, Catholic Diocese ofRiehmond." for designation 0/Ï1S rcal property. identi lied as Ol1ieial Tax No. 2761 (;05 and located al3719 Melrose Avenue, N.W., to be exempted ¡rom taxation. The tolal assessed value oflhe applicant's real eslale for tax year 2006/2007 is 544,I)()O.OO, with a lotal real cstate lax assessmcnt of$523.(;0 fix the 2006/2007 tax year. The loss ofre\enuc \\"i II bc 5418.88 annually alìer a 20t',;, service charge is levied in lieu of rcal estate taxes. Citizcns shall have the opportunity to bc hcard and cxpress lheir opinions on lhis matter. If you are a pcrson with a disahility who needs accommodations for this puhlic hcaring, contact the City Clerk's Office, 853-2541, by 12:00 noon on Thursday, J\'ovember I (i. 21106. GIVE:--J under my hand this 7th day of November, 2006. - - - Stephanie :'d. Moon, Acting City Clerk. K .\11':\:'1 RES·.TAX l:XF.\li'l" I'll "1¡T1(1 f(L:F1I(EI: M~l) 1.\MI(j~"'·JJC):\ sEi(\'rCl::, Due Notice to Publisher: Publish in the Roanoke Times once on friday, November 10,2006. Send aflidavit (0: Stephanie M. Moon, Acting City Clerk 215 Church Avenue, S. W. Roanoke, Virginia 24011 (540) ~53-2541 Send bill to: Barbara A. Smith, President Refugee Resetl1cment and Immigration - - Serv ices 1106 9'h Street, S.E. Roanoke, VA 24013 342-7561 v ~~ II CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church A,·cnuc. S. Woo Room 456 Roanoke, Virginia 24011-1536 Tcll'pholll': (5401 H5.~·2::;"1 . Fux: 1540) 853-11.aS E-mail: dl.rk@roanoke\.a.gm SHEII.A :-l. IIARnIA:-l Assi...t::mt Cit)" Ch.'rk STEPII.\i'òIE M. \IOON. CMC '\ctin~ City Clerk September 28, 2006 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: At a regular meeting of the Council of the City of Roanoke which was held on Monday, May 19,2003, Resolution No. 36331-051903 was adopted with regard to a new policy and procedure for processing requests from non-profit organizations . to have property exempted from taxation, pursuant to Article X, Section 6(a)(6), of the Constitution of Virginia, and repealing Resolution No. 36148-120202 adopted on December 2, 2002. I am attaching copy of a petition, which was filed in the City Clerk's Office on September 27.2006, by Refugee Resettlement and Immigration Services, Catholic Diocese of Richmond, a Virginia, non-stock, not-for-profit corporation, requesting exemption from taxation of real property located at 3719 Melrose Avenue, NW., identified as Official Tax No. 2761605, pursuant to Section 30-19.04(B), Code of Virginia (1950), as amended. Petitions forwarded by the City Clerk to the City Manager by April 1 5 for evaluation and recommendation to City Council will have an effective date of July 1 st. Petitions forwarded by October 15th will have an effective date of January 1 st. Sincerely, ~m. '"1ilHJ Stephanie M. Moon, CMC Acting City Clerk Attachment 1.-\CLERK\DATA\CKEWI\Tax Exempl\Rdllgcc 3719 Melrose.doc Darlene L. Burcham September 28, 2006 Page 2 pc: Barbara A. Smith, President, Refugee Resettlement and Immigration Services, 1106 9'h Street, S. E., Roanoke, Virginia 24013 The Honorable Mayor and Members of the Roanoke City Council The Honorable Sherman A. Holland, Commissioner of the Revenue William M. Hackworth, City Attorney Susan S. Lower, Director, Real Estate Valuation R. B. Lawhorn, Budget Management Analyst, Office of Management and Budget L\CLERK\DATA\CKEWI\Tax E:>.t~rnpl\Rdllgl·l' 1i¡CJ r-.kh(l~e.do¡; .. SAMPLE VIRGINIA: CITV C:t8K '0SS~P 27 ¡:l~'111:12 IN THE COUNCIL OF THE CITY OF ROA.,1\!OKE RE: PETITlON FOR EXEMPTION FROM TAXATION OF CERTAIN PROPERTY PlJRSUANT TO ARTICLE X, SECTION 6(a)(6) OF THE CONSTITUTION OF VIRGINIA TO THE HONORABLE MAYOR A.,>o.,TJ) MEMBERS OF COUNCIL OF THE CITY OF ROANOKE: la. Your Petitioner, 1?efufet .¡ /miYIlqra-liot1 5eNTi,r,: ('Mhok QiðCf<>e. r¡f /2/c/?fl1<t«.L a Virginia, non-stock, not for profit corp9ration owns/certain real property, . located at S 7/1 /Ylelm,p /Iv{ ¡(win the City of Roanoke, Virginia, which property is City of Roanoke Tax Map ID #J7tJJ!.t>!'wit.l-¡ a total assessed value of$ YLJ, (JOt) and a total of$ 6-:;23. ø() in real property taxes that were paid or would have been paid in the most recent y~ar,desires to be an organization designated pursuant to the provisions of Sec. 58.1-3651, of the Code of Virginia, as amended, in order that the referenced real property, to be used exclusively for charitable and benevolent purposes in rer.,fa{ hou;;ir1'l fbr f'ffu1et'.s (Dcscribe proposed use of reol prc'pert)', if opplicoble.) be exempt from taxation under the provisions of Article X, Section 6 (a)(6) of the Constitution of Virginia so long as your Petitioner is operated not for profit and the property so exempted is used in accordance with the purpose for which the petitioner is classified. (if requesting exemption for personal property, complete section l.b) lb. Your Petitioner, a Virginia, non-stock, not for profit corporation owns certain personal property, located at in the City of Roanoke, Virginia, with a total assessed value of $ and a total of $ in personal property taxes that were paid or would have been paid in the most recent year, desires to be an organization designated pursuant to the provisions of Sec. 58.1-3651, ofthe Code of Virginia, as amended, in order that the referenced personal property, to be used exclusively for charitable and benevolent purposes in (Describe proposed use of persollol property, if applicable.) I be exempt from taxation under the provisions of Article X, Section 6 (a)(6) of the Constitution of Virginia so long as your Petitioner is operated not for profit and the property so exempted is used in accordance with the purpose for which the Petitioner is classified. 2. Your Petitioner agrees to pay to the City of Roanoke, an annual service charge in an amount equal to twenty percent (20%) of the City of Roanoke tax levy, which would be applicable to this real estate, were our organization not be tax exempt, for as long as this exemption continues. 3. Your Petitioner, if located within a service district, agrees to pay to the City of Roanoke an annual service charge equal to the additional service district tax that would be levied for as long as this exemption continues. 4. Your Petitioner agrees to provide infonnation to the Director of Real Estate Valuation upon request to allow a triennial review of the tax exempt status of your Petitioner. The foJlowing questions are submitted for consideration: 1. (Q): Whether the organization is exempt from taxation . pursuant to Section 501 (c) of the Internal Revenue Code of 1954. (A): Your petitioner was granted exemption from taxation pursuant Code of 1954 on tema} Rlivenue l(IIO/~003 2. (Q): Whether a current alcoholic beverage license for serving alcoholic beverages has been issued by the Alcohol Beverage Control Board to such organization for use on such property. (A): no 3. (Q): Whether any director, officer or employee of the organization has been paid compensation in excess of a reasonable aJlowance for salaries or other compensation for personal services which such director, officer or employee actuaJly renders. (A): no 2 4. (Q): Whether any part of the net earnings of such organization inures to the benefit of any individual, and whether any significant portion ofthe service provided by such organization is generated by funds received from donations, contributions or, local, state or federal grants. As used in this subsection, donations shall include the providing of personal services or the contribution ofin-kind or other material services. (A): '~¡:5 te.cQ..ive.:S /JHýa-~ dono.JÚ.J11c (J,ílrl ."faJ.~ .J {'prier-a,¡ 1r-Allf rrlMil'Ç 5. (Q): W1Jether the organization provides services for the common good of the public. (A): Your petitioner provides services for the common good of the public in as much as it ¡.¿s:e.!l-fe <¡ H.Fur¡:f.£ . (Descr;be the public Sf 'ice) /11 fhe Roat7ôf.r¿ ýa/~e:1 U( iUfOrd '1 fA S q/l1JUf1rY1l!/l1 co/kit S I 6. (Q): \\7JJether a substantial part of the activities of the organization involves carrying on propaganda, or otherwise attempting to influence legislation and whether the organization participates in, or intervenes in, any political campaign on behalf of any candidate for public office. (A): no 7. (Q): \\7JJether any rule, regulation, policy or practice of the organization discriminates on the basis ofreJigious conviction, race, color, sex or national origin. (A): no 8. (Q): Whether there is a significant revenue impact to the locality and its taxpayers of exempting the property. (A): I7D 9. (Q): Any other criteria, facts and circumstances, which the governing body deems pertinent to the adoption of such ordinance. (A): nlJ (Provide as necessary). 3 Note: A copy of this Petition is being delivered this day to the City Manager of the City of Roanoke, Virginia. THEREFORE, your Petitioner, ire{uqPR <J /ihlYJiL~ra'¡-¡af SeJl/1o<; , respectfully requests to the Council oftne City ofRo noke that thlS real or personal property, or both, of your Petitioner be designated exempt from taxation so long as your petitioner is operated not for profit and the property so exempt is used for the particulro: purposes of providing N.rI+o,) ~()(J::;j(It¡ 10 ¡erWin',; aeef'.pIéd IJ¡ ¡he U frtllPN1IYJf'.flf (Repeal proposed use of propero1· ResJ/ectf~bmitting this ~'1fay ",20Æt. By: .~aPn~ . President . . 4 "8-29-20:J6 3, 28D~' FRO,' RE=VG::=:=:' It··!t~GCOATIOWS 5403447513 (\:~ . efugee rind· , Immigration Services Catholic Diocese of Richmond Shennan Holland Commissioner of Revenue City of Roanoke Rmmoke, VA Dear Me Holland: I am requesting Exempt Status for a property. ,:7.(:; ') }I,_ /:,.i.ff :) ~('...., '-I... t_..~~. '1 . .' '::..J~,. ¡"':":' ;)"';(/I.''£.( ¡;,/1' !.-;/) t:-=- I ' I . ,. "t :,1-1..:- {'7'l ~I:~·f(~"··r,~=..... ........ ,~_'''':' ",_. ,'....·,'1.._. .,.' ,. , . .. . .. ,~- ."': "., ; ~. ..1 ,".' .}. .!;,,,.. pp¡ "......~ . . . . ( I·;/!~·;"~;·: Refugee & Immigration Services of the Catholic Diocese of Richmond was given the property at 3719 Melrose Ave. NW (Tax Map No. 2761605) in June 2006. A parishioner ofSt. Andrew Catholic Church made the donation to us. Members ofSt. Andrew's parish are rehabbing the property for our agency to use to house a political refugee family. This rehab work should be completed by Oct. 1,2006. Our office is a part of the 501(c)3 designation of the Catholic Diocese of Richmond. If you require further information, please call me at 342-756 L Thank you for consideration of our request. YoursJ:uruv,' : () ~- . ~' ." . . ". , , Barbara A. Smith, Regional Director Refugee & Immigration Services 811 Cathedral Place Richmond, V A 232.W..480l (Rn4) 355-4559 1615 Kecoughlan Road Hampton, YA 23661 (757) 247-3600 ." ....... 11116 9th Street. SE . Roanoke. VA 24013 (540) 342-7561 "'. ! .~~:¡';e 1 0-04-::2006 3, 1 5PM FROM REFVGEE' I M'·1GR,' TI OW S 540344751 3 P. I fWn R. ß. L{}M)hOffJ CATHOLIC DIOCESE OF RICHMOND Finance Office 811 CaÙledral Place . Richmond, Virginia 23220-4801 Telephone (804) 359-5661 Fax (804) 358-9159 March 30, 2004 TO WHOM IT MAY CONCERN Enclosed is a copy of the Group Ruling issued by the Internal Revenue Service on June 4, 2003 updating the original Group Ruling issued by that agency March 25, 1946 to the United States Catholic Conference on the matter of exemption from provisions of the Internal Revenue Code. This ruling states that all Dioceses, their instrumentalities, agencies, and all educational, charitable and religious institutions operated, supervised or controlled by or in connection with the Roman Catholic Church in the UlÚted States, its territories or possessions appearing in the Official Catholic Directory for 2003 are exempt from all Federal income tax under sectio1l50l(c)(3) of the Internal Revenue Code of 1986 as amended. The Catholic Diocese of Richmond is listed in the 2003 Catholic Directory on pages 1068-1075. The Office of Refugee Resettlement & Immigration Services, is listed on page 1069 of the 2003 Catholic Directory. The Diocese of Richmond is not a private foundation as expressed in the attached IRS ruling. ÇkAì , . vv¡~f-{) /Þ-¡·1¿M· , nF. B£r~ Director of Finance . JFB/mcf Enc!. 10-06.-2006 3, 16P~1 FROH RF~VGEE" IMMGRATION"S 5~03447513 P -, .4 internaj Revenue Service District Director Department.of the Treasur¡ P. O. Box 2508 Cincinnati, OH 45201 Date: June 10, 2003 Person to Contact: Myrna Huber #31-07276 . Têlephone Number: 877 -829-5500 FAX Number: 513-263-3756 Ms. Deirdre uessingue .Associate General Counsel United States Conference of Catholic Bist-,ops 3211 4'h Street, NE Washington, D.C. 20017-1194 Dear Ms. Dessingue: ~n a n.iling dated March 25, 194ô, we h.sJd that the agencies and instrumentalities and ail educational, charitable "nd religious :nstitutions operated, supervised, or controlled by or in connection with the Roman Cathoiic Church in the United Stales, its' territaries or possessions 3ppearing in The Official Catholic Directory 1946, are entitled to exemption from federal income tax under the provisions of section 101 (6) of the Internal Revenue Code of 1939, Which corresponds to section 501(c)(3) of the 1986 Cede. T.'lis ruiing has been updated annually to cover the activities added to or deleted fram the Directory. The Official Catholic Directory for 2003 shows the names and addresses of all aqencies and instrumentalities and all educational, charitable, and religious i¡¡stitLÜioilS cperated by the Roman Catholic Church in the United Stales, its territories and possessions in existence at the time the Directory was published. It is understood that each of these is a non-profit organization, that no part of the net earnings thereof inures to tha benefit of any individual, that no substantial part af their activities is for promotion of legislation, and that none are private foundations under section 509(a) of the Code. 2ased on aH information submitted. we conc!ude that the agencies and "fnsfrumentaiities and educational. charitable, and religious institutions operated. supervised, or controlled by or in connection with the Roman Catholic Church in the United States, its territories or possessions appearing in The Official Catholic Directory for 2003 are exempt from Federal income tax wider section 501 (c)(3) Of the Cede. Donors may deduc.i contributions to the agencies, instrumentaiities and institutions referred to above, as provided by section 170 of the Code. Bequests, legacies. devises, transfers or gifts to them or for their use are deductible For federal estate and gift tax pUíposes undeí sections 1055, 2106, arid 2522 of theCode. -f·· 10-04-20063,17PM FROM REFVGEE' H~'~GRA TI OW S 54034475 I 3 P.3 -- ·2- Ms. Deirdre Dessingue Beginning January 1. 1984, unless specifically excepted. you and your subordinates must pay tax under the Federal Insurance Contributions Act (Social Security taxes) for each employee who is paid $100 or more in a calendar year. You and your subordinates are not liable for the tax under the Federal Unemployment Tax Act (FUTA). By May 31, 2004, please send thirteen (13) copies of ïhe Official Catholic Directory for' 2004 to IRS TE/GEin Cincinnati; one copy to the Processing Campus in Ogden; two copies each to the EO Area Managers in Newark, 3roaklyn, Chicago, St. Paul, Atlanta, Los Angeles, the IRS National Headquarters and the Director, EO Examinations. Dalias. The conditions concerning the retention of your group exemption as set forth in our previous determbation letter of August 17, 1983, remain in ful! force and effect. l " t ~ 1\' .-,. Sincerely, ':Ì'~ y xJJJ~&' ?'IV~ ' . ¿- ~ohn (/ Ricketts; Director, TE/GE ) 1 ~ustomer Account Services -8·· iØ~ II ~ll '. CITY OF ROANOKE OFFICE OF THE CITY CLERK 11S Church A,·cnue. S. W.. Room .tS6 Roanoke, Virginia 1.tOll.IS3(j ]'elC'llhonl': (S4l)J 8.5J~25~1 Fax: (540) 1'15.\-1145 E-mail: c1l'rk@co:mokE"\"a.go," SHEILA N. IIAllnIA:'<i Assist:!nt Cit~· Cll'rk STEPIf..\:'<i1E M. MOO:'<i. OK .-\cting ('it)' Clerk November 22, 2006 File #79 David A. Pruett, Director Finance and Administration DePaul Family Services, Inc. 5650 Hollins Road, N. E. Roanoke, Virginia 24019 Dear Mr. Pruett: I am enclosing copy of Ordinance Nb. 37629-112006 exempting the DePaul Family Services, Inc., an organization devoted exclusively to charitable or benevolent purposes on a non-profit basis, from real estate property taxation certain property located at 4328 Pennsylvania Avenue, N. E., identified as Official Tax Nos. 7360705 and 7360706, effective January 1, 2007. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting, which was held on Monday, November 20, 2006, and is in full force and effect upon its passage. Sincerely, ~~,~~ Stephanie M. Moon, CMC Acting City Clerk SMM:ew Enclosure David A. Pruett November 22, 2006 Page 2 pc: The Honorable Sherman A. Holland, Commissioner of the Revenue The Honorable Evelyn W. Powers, City Treasurer Jesse A. Hall, Director of Finance Susan S. Lower, Director, Real Estate Valuation R. Brian Townsend, Director, Planning, Building and Economic Development Sherman M. Stovall, Director, Management and Budget .". \( I~ THE COl;]'\CIL OF THE CITY OF ROANOKE, VIRGI01IA The 20th day of November, 2006. No. 37629-112006. AN ORDINANCE exempting from real estate property taxation certain property located in the City of Roanoke of the DePaul Family Services, Inc., an organization devoted exclusively to charitable or henevolent purposes on a non-protìt basis; providing for an effective date: and dispensing with the second reading by titlc oftllis ordinance. WHEREAS, DePaul Family Services, Inc., (hereinafter "the Applicant"), has petitioned this Council to exempt certain real and personal propcrty of the Applicant fi'om taxation pursuant to Article X, Section 6(a)(6) of the Constitution of Virginia; WHEREAS, a public hearing at which all citizens had an oppotiunity to be heard with respect to thc Applieant' s petition was held by Conncil on November 20, 2006; WHEREAS, the provisions of subscction ß of Section 58.1-3651, Code of Virginia (1950). as amended, have been examined and considered by the Conneil; WHEREAS, the Applicant agrees that the real property to be exempt from taxation is certain rcal cstate, including the land and any building located thereon: and the personal property an: the furnishings thereon, identified by ROiUloke City Tax Map Nos. 7360705 and 7360706 and loeated at 4328 Pennsylvania Avenue, NE, (the "Propcrty"), and owned by the Applicant, shall be used by the Applicant exclusively iÖr charitable or benevolent purposes on a non-pro tit basis: and WHEREAS, in consideration of Conncil's adoption of this Ordinance, the Appliemlt has voluntarily agreed to pay each year a service charge in an amount equal to twenty percent (20%) of tile City ofRomlOke's real estatt' 1m¡ levy, which would be applicable 10 the Propcrty were the K:\~·re3sureS\I:IX exempt Dcl',lUl Family Services 2006 doc Property not exempt from such taxation, for so long as the Property is excmpted li'om such taxation; THEREFORE, BE IT ORDAI;"¡ED by the Council of the City ofRoanokc as lollows: I. Council classifies and designates DePaul Family Services, Inc.. as a charitable or bencvolent organization within thc context of Scction 6(a)(6) of Article X orthc Constitution of Virginia, and hereby exempts from real cstate taxation certain real estate and pcrsonal property located thcreon. identitied by Roanoke City Tax Map Nos. 7360705 and 7360706 and locatcd at 4328 Pcnnsylvania Avenue, NE, and owned by the Applicant, which property is used exclusivcly lor charitable or bcnevolent purposes on a non-pro lit basis; continuance of this exemption shall be contingent on the continued use of the proPcrtY in accordance with the purposes which the Applicant has designated in ùJis Ordinance. 2. In consideration of Council's adoption of this Ordinance, the Applicant agrees to pay to ¡he City of Roanoke on or before October 5 of each ycar a scrvicc ehargc in an amount equal to twenty (20%) percent of the City of Roanoke's real estate tax levy which would be applicable to the Property, were the Propcrty not excmpt from such taxation. for so long as the Property is exempted from such taxation. 3. This Ordinanc.c shall be in full force ami effect on January I, 2007. if by such time a copy, duly executed by an authorized officer of thc Applicant, has been filed with the City Clerk. 4. The City Clerk is dirccted to forward an attcsted copy of this Ordinancc, after it is properly executed by the Applicant, to the Commissioner of the Revenuc and the City Treasurer for purposes of assessment and collection. respectively, of the service charge established by this Ordinance, and to David A. Pructt, CPA, Director of Finance and Administration, DePaul Family Services, Inc. K:\.\.1ca::.::.;res\tax exempt Dd'aui Fami:y Services 2006.doc 5. Pursuant to Section 12 of tlw City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: ~~.~ChV Acting Ci ly Cìcrk. ACCEPTED, AGREED TO A~D EXECUTED by DePaul Family Services, Inc., this _ ___ day of_._. _______,2006. DePAUL FAMILY SER VICES, II'<C. (SEAL) By Printed Name and Title K.\?l.1e.!.~urL·s\r¡;X L"Xempt D::-Paul Family Services ~ÙOú.d()c CITY OF ROANOKE OFFICE OF THE CITY MANAGER :--Joel C. 1'.1\'101" MlInicip.1ll.lllilding ::!15 Church-'A\'enue, S.'vV., Room J{J4 Roanokl', Virgini.l 2<1011-1591 1"l'lI'l'hllllV: (i·lll) ·....5.>-~.:n3 ¡':;l\: ¡;...()) sl:il-]] 1,0.::: CiLy \\\.[1- \,'W\'" r\l.lI1\lk('\·a..~Il\· November 20, 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 Subject: Tax Exemption Request from DePaul Family Services, Inc. Dear Mayor Harris and Members of City Council: Background: DePaul Family Services, Inc., is a non-stock, nonprofit Virginia corporation whose mission is to provide residential and other support services to special needs children and adults. The organization owns two adjacent parcels of property located at 4328 Pennsylvania Avenue, NE, and described as Tax Map numbers 7360705 and 7360706. Depaul's intent is to remove the existing uninhabitable structure and construct on the parcels a group home which will provide permanent housing for up to six adults with mental retardation or other developmental disabilities. Currently, annual taxes due on the two parcels above are $390.32 on a total assessed value of $32,800. The organization requests an exemption from real estate taxes on the real property as well as an exemption from the personal property (furnishings and equipment) that will be needed for the operation of the planned group home. Considerations: On May 19, 2003, City Council approved a revised policy and procedure in connection with requests from non-profit organizations for tax exemption of certain property in the City by Resolution 36331-051903, with an effective date of January 1, 2003. DePaul Family Services, Inc., has provided the necessary information required prior to October 15, 2006, the deadline for applications for exemptions that would take effect January 1, 2007. Honorable Mayor and Members of Council November 20. 2006 Page 2 According to the Office of the Commissioner of the Revenue, the current total loss of revenue to the City on the two properties will be $312.26 annually after a twenty percent service charge is levied by the City in lieu of real estate taxes. This service charge will be $78.06. Commissioner of the Revenue, Sherman Holland, has determined the organization is currently not exempt from paying real estate taxes on the properties known as Tax Map numbers 7360705 and 7360706 by classification or designation under the Code of Virginia. The IRS recognizes DePaul Family Services, Inc., as a 501 (c) 3 tax-exempt organization. Notification of a public hearing to be held November 20, 2006, was duly advertised in the Roanoke Times. Recommended Action: Authorize the DePaul Family Services, Inc., exemptions from real estate and personal property taxation pursuant to Article X, Section 6 (a) 6 of the Constitution of Virginia, effective January 1, 2007, for the property known as Tax Map numbers 7360705 and 7360706 located at 4328 Pennsylvania Avenue, NE, Roanoke, if the organization agrees to pay the subject service charge by that date. Respectfully submitted, Darlene L. Bu cham City Manager DLB/rbl c: Honorable Sherman A. Holland, Commissioner of the Revenue Honorable Evelyn W. Powers, City Treasurer Stephanie M. Moon, Acting City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Susan S. Lower, Director of Real Estate Valuation R. Brian Townsend, Director of Planning, Building, and Economic Development Sherman M.,Stovall, Director of Management and Budget CM06-00192 ':f ~. ROANOKE DEPARTMENT OF MANAGEMENT & BUDGET Noel C. Taylor Municipal Building 215 Church Avenue, SW, Room 354 Roanoke. Virginia 24011 540.853.6800 fax: 540.853.2773 November 7, 2006 David A. Pruett Director of Finance and Administration DePaul Family Services, Inc. 5650 Hollins Road Roanoke,VA 24019 Dear Mr. Pruett: DePaul Family Services, Inc. filed a petition requesting exemption from taxation on real and personal property located at 4328 Pennsylvania Avenue, N.E., and identified as tax map numbers 7360705 and 7360706, in the City Clerk's Office on October 11, 2006. Pursuant to the requirements of the Virginia Code, the City of Roanoke is required to hold a public hearing if it wishes to consider a petition for a tax exemption. At a regular session of the Roanoke City Council held on Monday, November 6, 2006, the Council approved a request of the City. Manager to hold a public hearing on Monday, November 20, 2006, at 7:00 p.m., or as soon thereafter as the matter may be heard, to receive citizen comments on the request. A notice of public hearing with regard to the matter will be published in the Roanoke Times on Friday, November 10, 2006. Your organization will be billed for the amount incurred for publishing the notice. I am forwarding you a copy of a Council Report dated November 20, 2006, from the City Manager's Office addressed to the Mayor and Members òf City Council regarding the petition. Although we are recommending authorization for exemption from real estate and personal property taxation on the property, please be advised that the final decision with regard to the exemption rests with City Council. Council will also consider citizen comments from the public hearing. It is suggested that a representative from the organization be present at the public hearing on November 20'" to respond to questions that may be raised regarding the petition. The session will be held in City Council Chamber, Room 450, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W. - .J If you have any questions regarding this information, please feel free to call me at 853-1643. Sincerely, 1?6ò(~M-J, . R. B. Lawhorn, Jr. Budget/Management Analyst Department of Management and Budget Enclosure pc: ~tePhanie M. Moon, Acting City Clerk . November 20, 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 Subject: Tax Exemption from DePaul Services, Inc. Request Family Dear Mayor Harris and Members of City Council: Background: DePaul Family Services, Inc., is a non-stock, nonprofit Virginia corporation whose mission is to provide residential and other support services to special needs children and adults. The organization owns two adjacent parcels of property located at 4328 Pennsylvania Avenue, NE, and described as Tax Map numbers 7360705 and 7360706. Depaul's intent is to remove the existing uninhabitable structure and construct on the parcels a group home which will provide permanent housing for up to six adults with mental retardation or other developmental disabilities. Currently, annual taxes due on the two parcels above are $390.32 on a total assessed value of $32,800. The organization requests an exemption from real estate taxes on the real property as well as an exemption from the personal property (furnishings and equipment) that will be needed for the operation of the planned group home. Considerations: On May 19, 2003, City Council approved a revised policy and procedure in connection with requests from non-profit organizations for tax exemption of certain property in the City by Resolution 36331-051903, with an effective date of January 1, 2003. DePaul Family Services, Inc., has provided the necessary information required prior to October 15, .. Honorable Mayor and Members of Council November 20, 2006 . Page 2 2006, the deadline for applications for exemptions that would take effect January 1, 2007. According to the Office of the Commissioner of the Revenue, the current total loss of revenue to the City on the two properties will be $312.26 annually after a twenty percent service charge is levied by the City in lieu of real estate taxes. This service charge will be $ 78.06. Commissioner of the Revenue, Sherman Holland, has determined the . organization is currently not exempt from paying real estate taxes on the properties known as Tax Map numbers 7360705 and 7360706 by classification or designation under the Code of Virginia. The IRS recognizes DePaul Family Services, Inc., as a 501 (c) 3 tax-exempt organization. Notification of a public hearing to be held November 20, 2006, was duly advertised in the Roanoke Times. Recommended Action: Authorize the DePaul Family Services, Inc., exemptions from real estate and personal property taxation pursuant to Article X, Section 6 (a) 6 of the Constitution of Virginia, effective January 1, 2007, for the property known as Tax Map numbers 7360705 and 7360706 located at 4328 Pennsylvania Avenue, NE, Roanoke, if the organization agrees to pay the subject service charge by that date. Respectfully submitted, DLB/rbl Darlene L. Burcham City Manager Attachment c: Honorable Sherman A. Holland, Commissioner of the Revenue Honorable Evelyn W. Powers, City Treasurer Stephanie M. Moon, Acting City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Susan S. Lower, Director of Real Estate Valuation 0' Honorable Mayor and Members of Council November 20, 2006 Page 3 R. Brian Townsend, Director of Planning, Building, and Economic Development Sherman M. Stovall, Director of Management and Budget CM06-00 192 COMMISSIONER OF THE REVENUE CITY OF ROAì'iOKE '".'" . SI-IER:\IA:\ A. HOLL\~n ('OIlIlIIiS!'iiCIIIC." (af.u;(my s. E\IERS(J;\ t:hidlll'PIlI.\" October 13. 2006 Mr. David A. Pructt. CPA DePaul Family Services 5650 Hollins Rd. Roanoke, VA 24019 Re: Property located at 4328 Pennsylvania Ave Tax Map Numbers 7360705 & 7360706 Dear Mr. Pructt: The above parcels are currently being taxed by the City of Roanoke for real estate taxes for the 2006-07 tax year. To be considered for tax exempt status a pctition must be tiled with Roanoke City Council. Please contact our otIice if we can be of further assistance or if you have any qucstions. Sincerely. _.~~~~~ Shennan A. Holland Commissioner of the Revenue cc: Stephanie Moon, Acting City Clcrk SAH/jec 21:' ('1l1ll:ch Ah'nUt' SW. Rl)1l1\l ~:,l * RIl~IIWkl·. Vlr;!inia ~...nll Plwl1~ f5"''()) ~5J25.::!1 * Fa.\ I)...lll ~S) 1115 * li"ltïl".f¡I(II/"k(',!:IJ\'.C(JIII The RoaIloke Times Roanoke, Vi~giniù Affidavit of Pllblica~ion The Roanoke Times -+--------- DEPAUL ?A~ILY SERVICES 5650 HOLLINS ROAD ROANOKE VA 24019 Commonwea1~h/State of r71.e thi s 2006 Witness my hand I. NOTICE OF : PUBLIC HEARING , I Notice is hereby ~I\'en: 1 tI~a: tilt' City Coundl òf the 1 CI:~ of Rotlr'loku will hold tl' publ:ehü;¡ringat ilsreg...l¡ul Imeeting 10 bl:' held 0."1" NO~emh'r 20, 2006,1 1 eonlmerx.ingat 7:00p.m.. in· the Council Ch<lITlb~rs 4th I 1 Flv~r: Nllel C. T .:lYrOr II MLnrclfH11 Building. 215 1 Ch:Jtch AVenuc. s.w.,1 ROilnokcl. Virginia on the qUl::o,;tiOOOf¡ldOfl!;OnOf,lnl ~rdlnanc(' purSUolr:t tOI I §51l.1-3651 Cade af \'irginia (1950). as olmencl!ld I' ~111H'o~in¡! th~· request o¡ , I DePaul ~,IOlil¥ S~rvices, Inc'"I' fnr cleslgn~tlon of its real ~nd .~ersQn;} property.. ~dCntl~le::l m; Official T,,~ \los.I' /360705 anet 7360706 and JI 0 cat edit t 432 8¡ Penosyh,mia A~enue. \IE. to I IDe exempted from t¡l\(ltion. l Th¡, tOlí:ll ass;:.ss~cl vaiue 1 ofth(lapplic,lnt'sreõll(lstattl for "IX ¥tlùr 2006 2007 is I $32800.00. with ;¡ tol<ll rear 1 eSfotl' ta~ tlSSCSsllll:!nt of :5390.32 for the 200Q'20071 10 ~ yea r. Th e loss of .rt'venue wlJ! be $312.261 annuall~' after il 20\ sl:!rvice 1 charge is levil'!d in lieu of rl'!.llestcllet.!nC's.· i . CillIe-ns shall h~ve the opportullityrohcheardand ~:i~:~~ft¿i.~" opinions on I i .Ifyouarea·person withal d I ~ <J bil i t~· who "e c ¡ s I l,lCC~Il1."10d<1110nS 'for thl!'o I p~bll' he~ritig, (.ontaCI the. C I t ~ C I e ric '5 0 ff i ee 1 . R53-Z541. I);: 12.00 noon 0..1 Thlr~da~. Novemhcr 16 1 2006 . , GIVEN under mr holnd Itlisl . 7th day 01 Novembl!t. 2006. I Stephanie M. Moon. Actin~ (9l:l6û50R) CityClerli. '" REFERENCE, 80124615 9960508 NOTICE OF PUBLIC HEA State of Virginia City of ;;!.oanoke 1., (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publishe~ of the Roa~oke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was p~blished in said newspapers on the following dates: . Notarv Public ,LQÝ...7___ . , " PUB~rS~!D ON, 11/10 TOTAL COSì': FILED ON, 181. 66 11/13/06 --------------------------------------------------+--------------------. Authorized Signature: ~~.~~~ Billing Services Representative ,-, -0 -" ,.-, ,- '" ;:0:' . 's, en Ô .<.: .- .þ. :J! 1:5 1--" L" .-.J [}I \It\ \ò' " NOTICE OF PUBLIC HEARING :\oticc is hereby given that thc City Council of the City ofRl)anoke will hold a public hearing at its regular mceting to bc held on J\ovember 2(1. 20()(,. eOlllmencing at 7:0n p.m., in the Council Chambers, 4th Floor. J\oel C. Taylor Municipal 8uilding. 215 Church Avcnuc, S.W., Roanoke, Virginia on thc qucstion of adoption of an ordinanœ pursuant to §5X.I-3651. CodL' of Virginia ( 195U). as amcnded. approving thc rcqucst ofDcPaul Family Services. [nc.. lor designation olïts real and personal property, idcntilìed as Ollicial Tax ;\os. 736u705 and 73ó07(¡() and located at 4328 Pcnnsylvania An'llue, J\E, to be exempted li'om taxatioll. The total asscssed value of the applicant's real estate for tax ycar 20U6/2007 is 532,800.00. with a total rcal cstate tax assessment 01'$390.32 lor the 200Ó!2()07 tax year. The loss ofre\'cnuc will be $312.26 annually alier a 20% scrvice charge is levied in lieu of real estate taxes. Citizens shall have the opportunity to be heard aud express their opinions outhis matter. If YOll are a person with a disability who needs accomlllodations liJr this public hearing. contaclthe City Clerk's Ollke, 853-2541, bv 12:00 noon on Thursdav, ~ovember I (¡, 20(J(i. . . , GIVEJ\ under my hand this ~th day of November ,2()()(i. Stephanie M. \·Ioon. Acting City Clerk. " \t;':A~: 11·:1:."; ¡,\X 1:'\1",\1;.0 r i'l! ~.( mrr I )">,\: II. FA\Ill.Y :-r:¡¡.\ :("1'.') ~'."" ll()(" Notice to Puhlisher: Puhlish in the Roanoke Times once on Friday. Novemher 10, 2006. Scnd allidavit to: Stcphanie M. Moon, Acting City Clerk 2]5 Church Avenue. S. W. Roanoke. Virginia 24011 (540) S53-154\ Send bill to: David A. Pruett. CPA Director of Finance and Administration DcPaul Family Services 5650 Hollins Road. N.E. Roanoke, VA 24019 265-8923 fI .... ::'\: . ... '~m: "- CITY 01<' ROANOKE OFFICE OF THE CITY CLERK 215 Church Á\'enue. S. Woo Room '¡S6 . Roanoke, Virginia HOII-15J(j Tel~IJhone; 1540) R53-25-11 Fax: (5401853-11-15 E-m.til: derk@:rmmoke\·a.go\' SHEILA N. HARHIAN Âssishmt CitJ Clerk STEPHA>;IE ~1. ~I()()I;. Oil" ActinJ: Cit}' Ch.'rk October 13, 2006 Darlene L. Burcham City Manager Roanoke, Virginia I REVISED I Dear Ms. Burcham: At a regular meeting of the Council of the City of Roanoke which was held on Monday, May 19,2003, Resolution No. 36331 '051903 was adopted with regard to a new policy and procedure for processing requests from non-profit organizations to have property exempted from taxation, pursuant to Article X, Section 6(a)(6), of the Constitution of Virginia, and repealing Resolution No. 36148-120202 adopted on December 2,2002. I am attaching copy of a petition, which was filed in the City Clerk's Office on October 11, 2006, by DePaul Family Services, Inc., a Virginia, non-stock, not-for- profit corporation, requesting exemption from taxation of real property and personal property located at 4328 Pennsylvania Avenue N. E., identified as Official Tax No. 7360706; and exemption from taxation of real property identified as Official Tax No. 7360705 located on Pennsylvania Avenue, pursuant to Section 30- 19.04(B), Code of Virginia (1950), as amended. Petitions forwarded by the City Clerk to the City Manager by April 1 5 for evaluation and recommendation to City Council will have an effective date of July 1 st. Petitions forwarded by October 15th will have an effective date of January 1 st. Sincerely, ~~:o~ Acting City Clerk SMM:ew Attachment L\CLERK\DAT.-\\CKE\\'I\Ta"\ E~(l.:mpl\DePalll Faimly Sl'mce Il\c.du.; ~ Darlene L. Burcham October 13, 2006 Page 2 pc: David A. Pruett, CPA, Director of Finance and Administration, 5650 Hollins Road, N. E., Roanoke, Virginia 24019 The Honorable Mayor and Members of the Roanoke City Council The Honorable Sherman A. Holland, Commissioner of the Revenue William M. Hackworth, City Attorney Susan S. Lower, Director, Real Estate Valuation R. B. Lawhorn, Budget Management Analyst, Office of Management and Budget L \CLl:.RK\DATA\CI\F.WJìTax. Exempt\Dl:'Pall[ Faimly Sen'ice Inc.dllo,: $1~ '" .~~,.. ". . . . nl>l CITY OF ROANOKE Ol<'FJCE OF THE CITY CLERK 215 Church ,henlle. S. Woo Room 456 Roanok,·, Virginia 24()1l·1536 Tell'phfllH~: ,:::40) 8"."\-2541 }'lIX: (';4018:;]·11...5 E-ml1il: de..kv~·..mlllokc\·.<l.gO\· SHEILA ~.HARnlA~ ,\ssist:mt City Clerk STEI'IIA:,>n; ~I. MOO!'. CMC ,\cting City Clerk October 11, 2006 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: At a regular meeting of the Council of the City of Roanoke which was held on Monday, May 19, 2003, Resolution No. 36331-051903 was adopted with regard to a new policy and procedure for processing requests from non- profit organizations to have property exempted from taxation, pursuant to Article X, Section 6(a)(6), of the Constitution of Virginia, and repealing Resolution No. 36148-120202 adopted on December 2, 2002. I am attaching copy of a petition, which was filed in the City Clerk's Office on October 11,2006, by DePaul Family Services,lnc., a Virginia, non-stock, not- for-profit corporation, requesting exemption from taxation of real property and from taxation of personal property located at 4328 Pennsylvania Avenue N. E., identified as Official Tax No. 7360706, pursuant to Section 30-19.04(B), Code of Virginia (1950), as amended. Petitions forwarded by the City Clerk to the City Manager by April 15 for evaluation and recommendation to City Council will have an effective date of July 1st. Petitions forwarded by October 15th will have an effective date of January 1st. Sincerely, ;tt,J. h~~ f"n. YYJUt>N Stephanie M. Moon, CMC Acting City Clerk SMM:ew Attachment L:\CLERKìlJATA\CKEWI\Tax Excmpt\O",Paull-'aimly S~nice Ine Joc Darlene L. Burcham October 11, 2006 Page 2 pc: David A. Pruett, CPA, Director of Finance and Administration, 5650 Hollins Road, N. E., Roanoke, Virginia 24019 The Honorable Mayor and Members of the Roanoke City Council The Honorable Sherman A. Holland, Commissioner of the Revenue William M. Hackworth, City Attorney Susan S. Lower, Director, Real Estate Valuation R. B. Lawhorn, Budget Management Analyst, Office of Management and Budget L\C1.F.RK\O,-\TA\CKF.\\'I\Tax EXl'mrl\Dd1alll Faimly StT\"ice llll.: d'.l~ VIRGINIA: IN THE COUNCIL OF THE CITY OF ROANOKE RE: PETITION FOR EXEMPTION FROM TAXATION OF CERTAIN PROPERTY PURSUANT TO ARTICLE X, SECTION 6(a)(6) OF THE CONSTITUTION OF VIRGINIA TO THE HONORABLE MAYOR AND MEMBERS OF COUNCIL OF THE CITY OF ROANOKE: 1 a Your petitioner, DePaul Family Services, Inc., a Virginia, non-stock, not for profit corporation owns certain real property, located at 4328 Pennsylvania Avenue in the City of Roanoke, Virginia, which property is City of Roanoke Tax Map ID #7360706. with a total assessed value of $17,400 and a total of $207.06 in real property taxes that were paid or would have been paid in the most recent year, desires to be an organization designated pursuant to the provisions of Sec. 58.1-3651, of the Code of Virginia, as amended, in order that the referenced real property, to be used exclusively for charitable and benevolent purposes in providing permanent housing for adults with mental retardation or other developmental disabilities through the construction of a group home on the premises be exempt from taxation under the provisions of Article X, Section 6(a)(6) of the Constitution of Virginia so long as your Petitioner is operated not for profit and the property so exempted is used in accordance with the purpose for which the Petitioner is classified. 1 b. Your Petitioner, DePaul Family Services, Inc., a Virginia, non-stock, not for profit corporation will own certain personal property, located at 4328 Pennsylvania Avenue in the City of Roanoke, Virginia (including but not limited to furnishings and equipment necessary for the operation of the planned group home), with total assessed value to be determined and a total amount in personal property taxes to be determined that would be paid in future years. desires to be an organization designated pursuant to the provisions of Sec. 58.1- 3651, of the Code of Virginia, as amended, in order that the referenced personal property, to be used exclusively for charitable and benevolent purposes in the provision of permanent housing for adults with mental retardation or other developmental disabilities in the group home to be constructed on said premises be exempt from taxation under the provisions of Article X, Section 6(a)(6) of the Constitution of Virginia so long as your Petitioner is operated not for profit and the property so exempted is used in accordance with the purpose for which the Petitioner is classified. 2. Your Petitioner agrees to pay to the City of Roanoke, an annual service charge in an amount equal to twenty percent (20%) of the City of Roanoke tax levy, which would be applicable to this real estate, were our organization not be tax exempt, for as long as this exemption continues. 3. Your Petitioner, if located within a service district, agrees to pay to the City of Roanoke an annual service charge equal to the additional service district tax that would be levied for as long as this exemption continues. 4. Your Petitioner agrees to provide information to the Director of Real Estate Valuation upon request to allow a triennial review of the tax exempt status of your Petitioner. The following questions are submitted for consideration: 1. (Q): Whether the organization is exempt from taxation pursuant to Section 501 (c) of the Internal Revenue Code of 1954. (A): Your Petitioner was granted exemption from taxation pursuant to Section 501(c) of the Internal Revenue Code of 1954 on March 10, 2005. 2. (Q): Whether a current alcoholic beverage license for serving alcoholic beverages has been issued by the Alcohol Beverage Control Board to such organization for use on such property. (A): Your Petitioner possesses no alcoholic beverage licenses for this or any other property owned or occupied by the company. 3. (Q): Whether any director, officer or employee of the organization has been paid compensation in excess of a reasonable allowance for salaries or other compensation for personal services which such director, officer or employee actually renders. (A): Your Petitioner's directors and officers serve on a voluntary basis and are not compensated for their services. The organization's highest-paid salaried officer, the executive director, was paid a salary of $83,000 for calendar year 2005, which is comparable to the salary of other executives of similar-sized nonprofit organizations in the Roanoke Valley. :1 4. (Q): Whether any part of the net earnings of such organization inures to the benefit of any individual, and whether any significant portion of the service provided by such organization is generated by funds received from donations, contributions or, local, state or federal grants. As used in this subsection, donations shall include the providing of personal services or the contribution of in- kind or other material services. (A): Inasmuch as private inurement of a nonprofit organization's net earnings is a violation of the Internal Revenue Code requirements for 501(c)(3) organizations, none of the net earnings of your Petitioner inures to the benefit of any individual. During the fiscal year ended June 30, 2006, Petitioner received $35,444 in donations and $406.940 in state and federal grants. When combined, donations and grants amounted to 4.7% of the agency's total revenues for the year. 5. (Q): Whether the organization provides services for the common good of the public. (A): Your Petitioner provides services for the common good of the public in as much as it provides treatment foster care, daycare, adoption, clinical and mentoring services to children with special needs, and residential and day support services to adults with mental retardation or other developmental disabilities. These services are provided without regard to race, color, creed, sex, age (as allowed by regulations), national origin or financial means. 6. (Q): Whether a substantial part of the activities of the organization involves carrying on propaganda, or otherwise attempting to influence legislation and whether the organization participates in, or intervenes in. any political campaign on behalf of any candidate for public office. (A): Your Petitioner does not participate or intervene in any political campaigns or other political activities, and participates in no propaganda or lobbying efforts, except as may be done indirectly through membership in the Virginia Association of Licensed Child Placement Agencies. Chambers of Commerce and other similar business-related organizations. 7. (Q): Whether any rule, regulation, policy or practice of the organization discriminates on the basis of religious conviction, race, color, sex or national origin. (A): Your Petitioner has no rules, regulations. policies or practices that discriminate on any basis, particularly on the , -' basis of religious conviction, race, color, sex or national origin. Petitioner's policies and procedures expressly prohibit such discrimination. 8. (0): Whether there is a significant revenue impact to the locality and its taxpayers of exempting the property. (A): Taxes on the property for 2005 amounted to $207.06. Petitioner anticipates that, if the requested exemption is granted and the planned group home is constructed, revenues from the 20% service charge per paragraph (2) above will result in an increase in revenues to the locality and its taxpayers. 9. (0): Any other criteria, facts and circumstances, which the governing body deems pertinent to the adoption of such ordinance. (A): Petitioner stands ready to provide any such criteria, facts, circumstances or other information requested by the governing body needed or requested for consideration of such petition. Note: A copy of this Petition is being delivered this day to the City Manager of the City of Roanoke, Virginia. THEREFORE, your Petitioner, DePaul Family Services, Inc., respectfully requests to the Council of the City of Roanoke that this real or personal property, or both, of your Petitioner be designated exempt from taxation so long as your Petitioner is operated not for profit and the property so exempt is used for the particular purposes of providing permanent housing for adults with mental retardation or other developmental disabilities through the construction of a group home on the premises Respectfully submitting this 1ih day of October, 2006. By: President &~þ!-. 4 .:;:;::,.... ì;, De~au1 ..- ," ". ~1: l "iU ,. :f·· B3mil :i~:·....,¡¡¡:: y ..... ...... ~~ll'tnm~~lßlWnw Services FAX FAX: 540-265-5849 5650 HOLLINS ROAD ROANOKE VIRGINIA 24019 PHONE: 540-265-8923 TO: R. B. Lawhorn, Dept. of Mgmt. & Budget FAX: 853-2773 RE: Exemption petition FROM: David Pruett DATE: October 11,2006 PAGES: 4 (Iadudiag..m.h...) Comments: Per our dis\:ussion this morning, please find sent herewith a copy of DePaul's IRS exemption determination letter, and a copy of the letter hand-delivered yesterday to Mr. Holland's offke. You may have a qUestiOD cOD\:eruing the fact that our IRS tax exemption is dated so recently (March 2005). DePaul was founded in 1977, and has been recognized as a tax- exempt organization by the IRS since inception. DePaul "sprung from the ashes" ofthe old St. Viucent's Orphanage in Roanoke, and was started by and affiliated with the Catholic Diocese of Richmond. As such, DePaul's exemption was under a group exemption issued by the IRS to the Catholic Church in the U.S.A., and all organizations controlled by or affiliated with the Church. As the years passed, DePaul's affiliation with the Church lessened, uutil we realized in 2004 that the ouly de DePaul had left to the Diocese was that we were still a part of their group's IRS tax exempt status. At that time we petitioned the IRS for our own exempt status, independent of the Oiocese, aod this status was granted in March 2005. So, while the attached letter shows that our exempt status was granted by the IRS ooly 18 months ago, we have been an exempt organization for all of our agency's 30- year history. Thank you again for all your assistance with this matter, and please let me know ¡fyou have questions or need additional information. Privacy Notice: The infollllation transmined herewith is confidential and is intended for the above-named recipient only. Tfyoll have received this transmission in error, please call the sender named above immediately at (540) 265. 8923, and either desrroy the infollllation transmined herewith or return it by mail to the address above. Thank YOll. t'1J/m'd 6\78££97-0\7£ S3J[~~3S W~~ ln~d3a 0\7:0T gnR~-TT-I~n INTERNAL REVENUE SERVICE Po' O. BOX 2508 CINCINNATI, OH 4520~ DEP.lIRTMENT OF. THE TREASURY Date: MAR 1 5 2005 Employer Identification NUmber: 54-1108079 DLN. 17053272045014 Contact Person: ELIZABETH L HOFACRE IDiI 313 8 7 Contaot Telephone Number: (877) 829-5500 Aocounting Period Ending: June 30 Public Charity Status: S09 (al (2) 'Form 990 Required: Yes Effecei~e Date of Exemption: . March 10, 2005 Contribueion Deductibility: Yes DEPAUL FAMILY SERVICES INC C/O DAVID PRUETT 5650 HOLLINS RD ROANOKE, VA 24019-0000 pear Applicant: we are pleased to inform you that upon review of your applicaeion for t~ exempt seaeus we have determined that you are exempe from Federal income tax under section 501 (e) (3) of the Internal Revenue Code. Contributions to you are deduceible under seceion 170 of the Code. You are also qualified to receive tax deduceible bequests" devises, transfers or gifes under section 2055, 2106 Or 2522 of ehe Code. Because ehis letter could help resol~e =y questions regarding your exempt status, you should keep it in your pennanent records. Organizations exempt under section 501(c) (3) of the Code are further classified as either public oharities or private foundations. ,lie determined that you are , a public charity under the Code section(s) listed in the heading of this leeeer. Please see enclosed Information for EXempt Organizations Onder Section SOl (c) (3) for some helpfUl information about your responsibilities as an exempt organization. . Sincerely, ~ ~ ~.4f'L _ Lois G. Jrrier Direotor, Exempt Organizations Rulings and Agreements Enclosures: Information for Organiza~ions Exempt Under Section SOl(c) (3) Letter 947 (DO/CG) t:'R/?:Vl",- ';Þ8S,;g?f1I'C; S::¡:ì T (l~::¡~::; WH-l ìllH.-l::¡n T.Þ=~T. q~~?-T.r-IÎn -:;''''':rJ'' D D ul . -Z"-"~! . era ~i¡\_ . 'Family . ..... Services "Overcoming Challenges & Building Brighter Futures" www,depaulfamilyservices.org October 9, 2006 Honorable Shennan A. Holland Commissioner of Revenue City of Roanoke NOel C. Taylor Municipal Building 215 Church Avenue SW Roanoke, VA 24011 Dear Mr. Holland: This letter is to request a determination from the Commissioner's oflice as to whether DePaul Family Services, Inc. is eligible for real estate and personal property tax exempt status by classification or designation per Title 58.1, Chapter 36 - Tax Exempt . .... . -Property;ofthe Code ofViiginia (1950) as amended. ,,--... DePaul Family Services is a non-stock, nonprofit Virginia corporation incorporated in 1977_ DePaul is exempt from taxation under Internal Revenue Code Section 501 (c)(3) as is evidenced ¡nthe enclosed copy of the Service's detennination letter. DePaul's mission is to provide residential and o1her support services to special,needs children and adults. On July 12, 2006, DePaul purchased two parcels of rea! estate in Roanoke City. The parcels are alljacent to one another, are located at 4328 Pennsylvania A venue NE, and are described as TWiMapNumbCi-s 7360706 iïD.d 7360705: -Presently, oneoftliepari:eIs ronbllnS an ïjld; single story rèsidence which appears to be uninhabitable. Assuming DePaul is able to obtain an exemption from property taxes on the parcels, our intention is to remove the existing structure and construct on'the parcels a group home which will provide permanent housing for up to six adults with mental retardation or other developmental disabilities. This project will he in ~ceof our agency's mission of providing services to special needs children and adults. Addiûonally, DePaul presently operates group homes in Lynchburg and Waynesboro,and we are aware that the need exists for quality, professionally-supervised housing opportunities for adults with mental retardation in the Roanoke area. -.. We have contacted the City's Department of Management & Budget, and have obtli.ined from them a copy of the sample petition requesting exemption from City Council. We have compieted such petitions fur the two properties; and are prepared to deliver them to Mr. R.B. Lawhorn m the Department ofMaIiagement & Budget. We have also included drafts herewith, According to a'document provided to us by Mr. Lawhorn's office entitled ''Process for Determii1ation of Property Tax Exemption", the first step in the process is to send this letter to your office requesting determination of our current exemption status. According to the "Process" document, if your determination is that we are not already eligible for tax exempt status, then we must attach a copy of your letter so notifYing us to . 56!iO Hollins Rd, Roanoke, VA 24019 (540) 265"8923 Fax (540) 265-7663 Þ121/~Ø . d 6178££9;:017£ S3JI~~3S W~~ ln~d3a ,~:R, qRR~-1,-I,n .1 ~_ .¡ ,,--.,. ',. .... ....... ,. ,-...0 .,-,:, \. '.: "'. '.',1. ,',. ;'.' - 1:"0 . d ll:ilCll . . . . . .. . . . . .. ..... '.' .... . ,:. . .' . '.. '. ,. Horiotable:Sp.erman A. Hollarid Coniini!!Sioner of R,evf'llue' . . citY òfRoanok~: . . . :Qåoþé19,2006 .. ::P3ge 2 .. '. our þetitiólis':l!11d de~ver Ule.petitions to ßll:Cíty Clcrl(s ofñcetbis. week. We would be grateful fo¡'~pro~pt respori.se~o.thjs request. .. . , y '.. " .,. , . .. . " . ~ you 'in 'advanèe, for your co~iderJltion ofoUl' request: Please feel free' to contact Iné should yoµ' hav~ quem.0ns or neçd.aðmtional infq~ation. . , '" .~, . "Æ:V~~~:~!O;''t4:,~:~>,' ......., :.' '-' ..::". '...'. .' . :.: .': ....: . ' . ) .~ , .' . . ,. ,.'.... . p . , ". .' .:.'" . .......,_. .... . ..... . .... ',: J,>aYid A;.,~ Ç~A ,<' , ".' DIrectÒròfFitiailce arid AdIil.ìn:i.stnition .. .:. ',' .. ." .,' ~, ... . .,." ,.' .... ". ._ ,.;"t .,'. . .~ . 'f..' ,.,' ....; .,: , ~:', . .,'. ,. ., ". " '.-,.' -'.., ./ ,,;' " .... : ~: ..... .;'. .~ . .' . ~ : . .' 'J.' '!'. '. : ~ ' .. ..... .,""':.' o" ',. '. .~. . .... . .,,' ...........-. ,- -...--...... 1.: .,'. .~.~:":.~ . \ '. ~~.. ,:.' - " .. .~. .,' -, ' .. ""'''-. .. .:~ p'" ....-" . ._~ ':'0_.' ','" .;. .' '.' ..r.· " '" ..j.' 'o' .;," ,:: ..\ '.,." 'o' .';.: ., . ..'. '." "':' " " ..' ,_J.' .,..... ".. .,.', :.,,'. . '." .).' ":'. :"'. i.- ":: .. .. '.:' .,; :,' ,.·_,h " :;. .... '::.' " ~. ",' .' . '; ~ !.. .. ..' ..' :,' ,.,. t··· .,', , ,~ . ..:-;;. :,. .~' .,,' ,; :.J>: ':<;. 'o' ',. ,.'!' ':, , . ." .': ,',. .' ," " ',' :;.... ,,' .;: ;;'!'" ," ,. '.' .... ':..' ";. ".:"': ~. ),"' .',. " ':.'. ":' 170/l>0'd 6178SS9èØÞS S3J [(,~3S NCJ.:J lnCJd3Œ '" .--. TÞ:nT i~· -: . .1,": . ~, '. . ~." ',.'. ;'.:' .:' ··r· .....;.. ,.' ......,; ", '" ,.;,. .f'·· ,.'" .-:., ,,' 9,1iJG- H-lJn '.,' ".:.",' -'.'" ,'I" c· ','. '.,., ....,. " '"' ~n ". CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Awnue, S. Woo Room 456 Roanoke, Vir~inia 241JlI-1536 Tcll'phußc-: (:o4UI853-2541 Fax: (540185.1-1145 E-mail: dl'J"k€:rollßokf'\"a.,go\" SUEILA N. IIARTMAI\" Assistant <:it)" C1l'rk STEPHANffi ~I. MOON. OK At·ling City Clerk November 22,2006 File #467 Cindy H. Poulton, Clerk Roanoke City School Board P.O.BoxI3145 Roanoke, Virginia 24031 Dear Ms. Poulton: I am enclosing copy of Resolution No. 37631-112006 authorizing the School Board for the City of Roanoke to expend funds for part of the cost of rebuilding Patrick Henry High School and related capital improvements and declaring the City's intent to borrow to fund or reimburse such expenditures. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, November 20, 2006. Sincerely, ~h1. YYjÓ/MJ Stephanie M. Moon, CMC Acting City Clerk SMM:ew Enclosure Cindy H. Poulton November 22, 2006 Page 2 pc: Darlene L. Burcham, City Manager Jesse A. Hall, Director of Finance Sherman M. Stovall, Director, Management and Budget Marvin T. Thompson, Superintendent, Roanoke City Public Schools, P. O. Box 13145, Roanoke, Virginia 24031 \tl 0/\ ~ N THE COUl'\CIL OF THE CTTY OF ROANOKE. VIRGINIA The 20th day of November, 2006. No; 37631-112006. A RESOLUTTON authorizing the School Board lor the City oCRoanokc to expend Cunds for part of thc cost of rebuilding Patrick Henry High School and rclatcd capital improvemcnts and dcclaring the City's intent to borrow to fund or reimburse snch expenditurcs. BE IT RESOLVED by the Council ofthc City of Roanoke that: 1. The School Board of the City of Roanoke is authorized to expend out oC the City's capital improvement fund up to $4.6 million Cor the cost of a pOliion of the rcbuilding of the present school building at Patrick Henry High School (such portion, "the Project"). 2. In accordance with U.S. Treasury Regulations § 1.150-2, it is hereby declared that thc City reasonably expccts to reimburse cap.itaJ expenditures and bond issmmcc costs for the Project with proceeds of an obligation or obligations to bc ineurrcd by the School Board and/or the City. The maximum principal amount of debt cxpectcd to be issued for the Project is $4.83 million. 3. This is a declaration of otlicial intent under Treasury Regulation § 1.150-2. ATTEST: 1>7. fY¡ OM Acting City Clerk. {#0991MII ·1. Oïï82.6-00058·01} CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Awnu.. S. Woo Room 456 Roauok,·. Virginia 24011-1536 Telephone: IS40.1853-2541 Fax: }40J8S.l-114S E-mail: r1f.rk(<..i.ruannl\t.nl.~lI\· SIIF.lI.A ~. HAII'DIAf\ Assistant City Clerk STEI'HA~IE ~I. ~100S. nil: "\rling ('jt~· Cll'rk November 22, 2006 File #53-467 George J. A. Clemo, Attorney Woods Rogers PLC P.0.Box14125 Roanoke, Virginia 24038-4125 Dear Mr. Clemo: I am enclosing two copies of Resolution No. 37630-112006 authorizing issuance of not to exceed 54,830,000.00 General Obligation School Bonds of the City of Roanoke, Virginia, Series 2007-A, to be sold to the Virginia Public School Authority and providing for the form and details thereof: and for appropriate filing with the Circuit Court of the City of Roanoke. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, November 20, 2006. Sincerely, Ih~ fYJ t!UvtJ Stephanie M. Moon, CMC Acting City Clerk SMM:ew Enclosures George J. A. Clemo November 22, 2006 Page 2 pc: The Honorable Brenda L. Hamilton, Clerk of Circuit Court Darlene L. Burcham, City Manager Jesse A. Hall, Director of Finance Sherman M. Stovall, Director, Management and Budget Marvin T. Thompson, Superintendent, Roanoke City Public Schools, P. O. Box 13145, Roanoke, Virginia 24031 Cindy H. Poulton, Clerk, Roanoke City School Board, P. O. Box 13145, Roanoke, Virginia 24031 v....\(., IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of November, 2006. No. 37630-112006. [Non-Subsidy] [Patrick Henry] RESOLUTION AUTHORTZING THE ISSUAl\TE OF ;-;0'1' TO I£XCEED 54,830,000 GENERAL OBLIGATIO:"! SCHOOL BONDS OF TIlE CITY 01' ROAl\'OKE, VIRGIMA, SImmS 2007-A, TO BE SOLD TO THE V]RG]:"!IA I'UELIC SCHOOL AUfHORTTY A1'lD PROVIDING FOR THF: FOR:\] MiD DETAILS THERF:OF. WHEREAS, the City Council (the "Council") of the City of Roanoke, Virginia (the "City"), has determined that it is necessary and expedient to borrow an amount not to exceed 5-1,600,000 and to issue its general obligation school honds for the purpose of financing certain capital projects for school purposes; and WHEREAS, the City held a public hearing, duly noticed, on :.!ovember 20, 2006, on the issuance of the Bonds (as defined below) in accordance with the requirements of Section 15.2-2606, Code of Virginia 1950, as amended (the "Virginia Code"); and WlIE]ŒAS, the Bond Sale Agreement (as defined below) shall indicate that 54,600,000 is the amount of proceeds requested (the "Proceeds Requested") from the Virginia Public School Authority (the "VPSA") in connection with the sale of the Bonds: and WHE]lliAS, the VPSA's ohjeetive is to pay the City a purchase price for the Bonds which, in VPSA's judgment, reflects the Bonds' market value (the "VP5A Purchase Price Objective"), taking consideration of such factors as the amortization schedule the City has requested for the Bonds relative to the amortization schedules requested by other localities, the purchase price to be received by VPSA for its bonds and other market conditions rdating to the sale of the VPSA's bonds; and 'VIIEREAS, such factors may result in the Bonds having a purchase price other than par and consequently (i) the City may have to issue a principal amount of Bonds that is gTeater than or less than the Proceeds Requested in order to receive an anlount of proceeds that is substantially equal to the Proceeds Requested, or (ii) if the maximum authorized principal amount of the Bonds set forth in section 1 below does not exceed the Proceeds Requested by at least the amount of any discount, the purchase price to be paid to the City, given the VPSA Purchase Price Objective and market conditions, will be less than the Proceeds Requested. NOW, THEREFORE, BE ]'1' RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROANOKE, VIRGINIA: {#099~931-1, 077826-00058-01} I Authorization of Bonds and Use of Proceeds. The Council hereby determines that it is advisable to contract a debt and issue and sell its general obligation school bonds in an aggregate principal mnount not to exceed $4,830.000 (the "Bonds") for the purpose of financing certain capital projects for school purposes as described in Exhibit B. The Council hereby authorizes the issuance and sale of the Bonds in the fonn and upon the terms established pursuant to tlus Resolution. 2 Sale of the .Bonds. It is detennined to be in the best interest of the City to sell the Bonds to the VPSA at a price, determined by the VPSA to be fair and accepted by the Mayor and the City ~1anager, or either of them that is substantially equal to the Proceeds Requested, except thai the Bonds may be sold for a purchase price not lower than 95% of the Proceeds Requested if issuing the Bonds in the maximum principal amount authorized by Section 1 of this Resolution is insufficient, given the VPSA Purchase Price Objective and market conditions, to generate an amount of proceeds substantially equal to the Proceeds Requested. The Yfayor, the City Manager, or either of them and such other officer or o11ìeers of the City as either may designate are hereby authorized and directed to enter into a Bond Sale A¿''feement with the VPSA providing for the sale of the Bonds to the VPSA (the "Bond Sale Agreement"). 3 Details of the Bonds. 11Ie Bonds shalr'be dated the date of issuance and delivery ofthe Bonds; shall be designated "General Obligation School Bonds, Series 2007-A"; shall bear interest from the date of delivery thereofpayablc semi-annually on each January 15 and July 15 beginning July 15,2008 (each an "Interest Pa)11lent Date"), at the rates established in aceordancc with Section 4 oftlus Resolution; and shall mature on July 15 in the years (each a "Principal Payment Dat.::") and in the amounts (the "Principal Installmcnts"), cstablished in accordance with the provisions of Section 4 of this Resolution. 4 Interest Rates and ]>rineipal Installments. The City Manager is hereby authorized and directed to accept the interest rates on the Bonds established by the VPSA, provided that each interest rate shall be ten one-hundrcdths of one percent (0.10'%) over thc· intercst rate to be paid by the VPSA for the corresponding principal payment date of the bonds to be issued by the VPSA (the "VPSA Bonds"), a portion of the proceeds of which will be used to purchase the Bonds, and provided further that the true interest cost of thc Bonds does not exceed seven pcrccnt (7.0 %) per mmum. The City Manager is hereby authorized to detemlÌne the Principal Installments for the Bonds, provided that the Interest Pa)7nent Dates and the Principal Installments are suhjeet to change at the request of the VPSA. The City Manager is hereby authorized mId directed to accept changes in the Interest Payment Dates ,md the Principal hIstallnlents at the request of the VPSA, provided that the aggregate principal amount 0 f the Bonds shall not exceed the alllount authorized by this Resolution. The execution and delivery of the Bonds as described in Section 8 hereof shall conclusively evidence such interest rates established by the VPSA and Interest Payment Dates and the Principal Installments requested by the VPSA as having been established and accepted as authorized by this Resolution. {#0995931-1, OÎ7826-0~OS8-01} 2 5 .Form of the Bonds. The Bonds shall be initially in the fonn of a single, temporary ty1lewritten bond substantially in the fonn attaebed hereto as Exhibit A 6 Pavment: Pavine: Ae:ent and Bond Ree:istrar. The following provisions shall apply to the Bonds: (a) For as long as the VPSA is the registered owner of the Bonds, all payments of principal, premium, if any, and interest on Ùle Bonds shall he made in immediately available funds to the VPSA at, or before II :00 a.m. on the applicable hllerest Payment Date, Principal Pay1l1ent Date or date fixed for prepayment or redemption. or if such date is not a business day for Virginia banks or for the Commonwealth of Virginia, then at or before II :00 a.m. on the business day next preceding such Interest Paymcnt Date, Principal Payment Date or date fixed for prepa)1l1ent or redemption. (b) AI! overdue payments of principal and, to the extent permiUed by Jaw, interest shall bear interest at the applicable interest rate or rates on the Bonds. (c) The City Manager is hereby authorized and directed to designate an appropriate financial institution as Bond Registrar and Paying Agent for the Bonds. 7 Prepavment or Redemption. The Principal Instalhnents of the Bonds held by the VPSA coming due on or before July 15, 2017, and the detinitive Bonds for which the Bonds held by the VPSA may he exchanged that mature on or before July 15, 2017, are not subject to prepayment or redemption prior to their stated maturities. The Principal Instalhnenls of the Bonds . held by the VPSA coming due aJìer July 15, 2017, and the definitive bonds for which the Bonds held by the VPSA may be exchanged that mature alter July 15, 2017, are subject to prepayment or redemption at tbe option ofthe City prior to their stated maturities in whole or in part, on any date on or after July 15, 2017, upon payment of the prepayment or redemption prices (expressed as perccntages of Principal Installments to be prepaid or the principal amount of the Bonds to be redeemcd) set f011h below plus accrued interest to the date set for prcpaynlcnt or redemption: Dates Prices July 15,2017 through July 14, 20] 8 July 15, 20] 8 through July] 4,2019 July ]5,2019 and thereafter 101% 100\'i 100 Provided, however, that the Bonds shall not be subject to prepayment or redemption prior to their stated maturities as described above wiÙlOut first obtaining the written consent of the VPSA or the registered ov-mer of the Bonds. Notice of any such prepayment or redemption shall be given by (he Bond Registrar to the registered owner by registered mail not more than ninety (90) and not less than sixty (60) days before the date fixed for prepayment or redemption. {#0995931-~, 077826 DOOSB-OI} 3 8 Execution of the Honds. The Mayor or Vice Mayor and the Clerk or any Deputy Clerk of the Council are authorized and directed to execute and deliver the Bonds ¡Uld to anïx the seal of the City thereto. 9 Pled!!e of Full Faith and Credit. For the prompt pay1l1ent of the principal 01: premiulll, if any, and the interest on the Bonds as the same shall become due, the full fàith and credit of the City are hereby ÏJTevocably pledged, and in each year while any of the Bonds shall be outstanding there shall be levied and collected in accordance with law an atll1ual gº valQrem tax upon all taxable property in the City subject to local taxation sufficient in atnOwlt to provide for the payment ofthc principal of and premium, if any, and the interest on the Bonds as such principal, premium, if any, ¡Uld interest shall become due, which tax shall be without limitation as to rate or atnount and in addition to all other taxes authorized to be levied in the City to the cxtent other funds of the City are not lawfully available and appropriated for such purpose. 10 Use of Proceeds Certificate and Certificate as to Arbitra!!c. The Mayor, the City Manager atld such other officer or onïcers of the City as either may designate are hereby authorized and directed to execute a Certificate as to Arbitrage and a Use of Procccds Ccrtificate each sctting f0l1h the expected use and investment of the proceeds of the Bonds and containing such covenants as may be necessary in order to show compliance with the provisions of the Internal Revcnue Code of 1986, as amended (thc "Codc"), and applicable 'regulations relating to the exclusion from gross income of interest on the Bonds atld on the VPSA Bonds. The Council covenants on behalf of the City that (i) the proceeds from the issuance and sale of the Bonds will be invested and expended as set forth in such Certificate as to Arbitrage and sucb Use of Proceeds Certificate and that the City shall l:Omply with the other covenants and representations contained therein and (ii) the City shall comply with thc provisions ofthc Codc so that intercst on thc Bonds atld on thc VPSA Bonds will remain cxcludablc from gross income for Fedcral income tax purposes. II State Non-Arhitral!e Prol!ram; Proceeds Al!reement. The COlUlcil hereby determines that it is in the best interests of the City to authorize and diree.! the City Treasurer to participate in the State Non-Arbitrage Program in connection with the Bonds. The Mayor, the City Manager and such officer or officers of the City as either may designate are hcreby authorizcd and directed to execute and deliver a Proceeds Agreemcnt with respect to the deposit and investment of proceeds of the Bonds by and among the City, the other participants in thc sale ofthe VPSA Bonds, the VPSA, the investtnent manager and the depository. 12 Continuinl! Disclosure Al!reement. The Mayor, the City M¡mager and such other officer or onïcers of the City as either may designate are hcrcby authorized and directed to execute a Continuing Disclosure Agrecment, in fornl and substance acceptable to VPSA, setting forth the reports and noticcs to bc filed by the City and containing such covCnatlts as may be necessa¡y in order to show compliance with the provisions of thc Sccuritics and Exchange Conll1Iission Rule 15c2-12 (the "Rule"), undcr the Sccurities Exchange Act of 1934, as anlended, and directed to make all filings required under applicable law and regulation if the City should be dctermined by {H099S931-~, 077826-000SS·01} 4 thc VI'Si\ to b", a material "obligatcd pcrson" (as delined in the Rule). 13 Filinl! of Resolution. The appropriate ofíiccrs Of agents of the City arc hcrcby authorized and dircctcd to cause a certified copy of this Resolution to be filed with the Circuit COUl1 of the City. 14 Further Actions. Thc members of the Council and all officcrs, employees and agents of thc City are hereby authorized to take such action as they or anyone of thcm may consider necessary or desirablc in COIUICction with the issuance and sale of thc Bonds and any such action previously taken is herehy ratified and confirmcd. 15 Effective D:Jtc. This Rcsolution shall take effect immediately. * * * {#09~5931-1, 077826-0CC58-01} 5 The undersigned Clerk of the City of Roanoke, Virginia, hereby certifies that the foregoing constitutes a tme and correct extract from the minutes of a meeting of the City Council held on ì\Ovember 20, 2006, and of the whole ù¡ereof so far as applieablc to the matters referred to in such extract. I hcreby further certify that such meeting was a regularly scheduled meeting and that, during the consideration of the foregoing resolution, a quorum was present and that the attendance und voting ofthe members in attendance on the foregoing rcsolution were as follows: C. Kelson Harris, Mayor David B. Trinkle, Vice Mayor Alfi·cd T. Dowe, Jr. Bcvcrly T. Fitzpatrick, Jr. Shennan P. Lea Gwendol).1l W. Mason Brian 1. Wishneff Present x X X Absent Aye X X X _-X. ..._ J__ X X Nay Abstain _x..___ X X X WITNESS MY HAi"\JD and the seal of the City of Hoanoke, Virginia, this ~?!!dlay of ~o\'ember, 2006. Þtfbl~' h-¡OUVV City of Roanoke, Virginia [SEAL] {r.0995~31-1, 077826-0005S-01} 6 EXl-:IJBTT A (FORM OF TEMPORARY BOND) NO. TR-I $ lJNITED STATES OF AMERICA COMl\JONWEALTH OF VlRGI~L\ CITY OF ROA;\,OKE General Obligation School Bond Series 2007-:\ The CITY OF ROANOKE, VIRGI:'IIlA (the "City"), tàr value received, hereby acknowledges itself indebted and promises to pay to the VIRGINIA I'DULlC SCnOOL AUTHORITY the principal amount of ____ DOLLARS ($________), in annual installmcnts in the amounts set forth on Schedule I attached hereto payable on July 15,2008 and ~uUlual1y on July IS then:ajkr to and including July 15, 20_ (each a "Principal l'a)111ent Date"), together with interest from the date of this Bond on the unpaid installments, payable semi-annually on January 15 and July 15 of each year, commencing on July 15,2008 (each an "Interest Paymcnt Date"; together with any Principal Payment Date, a "Payment Date"), at the rates per mUlum set forth on Schedule I attached hereto, subject to prepayment or redcmption as hercinafier provided. Both principal of and interest on this Bond arc paY¡lble in lawful money of the Cnited States of America. For as long as thc Virginia Public School Authority is the registcred owner of this Bond, {#C995S3: !, 077026·00058-01! , as bond registrar (the "Bond Re¡,'¡strar"), shall make all pa)~llents of principal, premÍlull, if any, and interest on this Bond, without the presentation or surrender hereof, to the Virginia Public School Authority, in immediately available 1ì.1Ilds at or before 11 :00 a.m. on the applicable Payment Date or date fixed for prepa)~llent or redemption. If a Payment Date or date lixed for prepayment or re.demption is not a business day for banks in the Commonwealth of Virginia or for the Commonwealth of Virginia, then the payment of principal, premium, if any, or interest on this Bond shall be made in immediately available funds at or before I ] :00 a.m. on the business day next preceding the scheduled Payment Date or date fixed for prepayment or redemption. Gpon receipt by the registered owner of this Bond of said payments of plincipaJ, premium. if any, and interest, written acknowledgment of the receipt thereof shall be given promptly to the Bond Registrar, and the City shall be fully diseh.u·ged ofj(s obligation on tIllS Bond to the extent of the payment so made. Upon final payment, this Bond shall he surrendered to the Bond Registrar for cancellation. The tùll faith and credit of the City arc irrevocably pledged for the paymellt of the principal of a.ud the premium, if any, and interest on this Bond. The resolution adoptcd by the City Council authorizing the issuance of the Bonds provides, and Section] 5.2-2624, Code of Virginia 1950, as amended, requires, that there shall be levied and collected an annual tax upon all taxable property in the City subject to local taxation sufficient to provide lor the payment of the principal, premium, if any, and interest on this Bond as the same shall become due which tax shall be without limitation as to rate or amount and shall be in addition to all other taxes authorized to be levied in the City to the extent other funds of the City arc not lawfully available and appropriated for such purpose. {#0995931-1, 077826 00058 Ol} A-2 T]lls Bond is duly authorized and issued in compli:Ulcc with and pursuant to thc Constitution .md laws ofthc Conunonwcalth of Virginia, including the Public Fin.Ulcc Act of 1991, Chaptcr 26, Title 15.2, Code of Virginia 1950, as amended, and resolutions duly adoptcd by the City Council and the Schoo] Board of the City to provide funds for capita] projccts for school purposes. This Bond may he exchanged without cost, on twenty (20) days written notice from the Virginia Puh]ic School Authority, at the ot'fiee of the Bond Registrar on one or more occasions for one or more temporary bonds or definitive bonds in marketable fonn and, in any case, in fully registered fonn, in denominations of S5,000 and whole mu]tiples thereof, and having an equal aggregate principal amount, having principal installments or maturities and hearing interest at rates corresponding to the maturities of and the interest rates on the installments of principal of this Bond then unpaid. This Bond is registered in the name of the Virginia Public School Authority on the books of the City kept by the Bond Registrar, and the transfer of this Bond may be effected by the registered O\V11er of this Bond only upon due execution of an assignment by such registered owner. ülon receipt of such assignment and the surrender of this Bond, the Bond Registrar shall exchange this Bond for definitive Bonds as hereinabove provided, such definitive Bonds to he registered on such re¡,ristration books in the name of the assi¡''llee or assignees named in such assignment. The principal installments of this Bond coming due on or belore Ju]y ] 5, 2017 and the definitive Bonds for whieh this Bond may be exchanged that mature on or before Ju]y 15, 20] 7. are not subject to prepaymcnt or redcmption prior to their statcd maturitics. The principal installmcnts of this Bond coming due afier Ju]y 15, 2017, and the definitive Bonds for which this Bond may be {#0~95931-1, 077826-a0058-01} A-3 exchanged that mature after July 15, 2017, are subject to prcpa)1ncnt or redemption at thc option of the City prior to their stated maturities in whole or in part, on any date on or after July 15,2017, upon payment of the prepa)111ent or redemption prices (expressed as percentages of principal installments to be prepaid or the principal ¡mlount of the Bonds to be redeemed) set forth below plus aeemed interest to the date set for prepayment or redemption: Dates Prices July IS, 2017 through July 14, 2018 July 15. 2018 through July 14, 2019 July 15, 2019 and thereafter 101% 100\1, 100 Provided, however, that the Bonds shall not be subject to prepayment or redemption prior to their stated maturities as described above without the prior written consent of the registered owner of the Bonds. Notice of any such prepayment or redemption shall be given by the Bond Registrar to the registered owner by registered mail not more than ninety (90) and not less than sixty (60) days before the date fixed for prepayment or redemption. All acts, conditions and things required by the Constitution ¡Ull! laws of the Comlllonwealth of Virginia to happen, exist or be perfollllcd precedent to and in the issuance of this Bond have hap- pened, exist and have bccn perfolllled in due time, foml and manner as so required, and this Bond, together with all other indebtedness of the City, is within every debt and other limit prescribed by the Constitution and laws of the Commonwealth of Virginia. {#0995931-1, 077826-000sa-Ol} A-4 IN WITNESS WHEREOF, the City Council of the City of Roanoke, Virginia has caused this Bond to be issued in the name of the City of Roanoke, Virginia, to be signed by its Mayor or Viec-Mayor, its seal 10 be aftixed hereto and attested by thc signature of its Clerk or any of its Deputy Clerks, and this Bond to be dated ___,2007. CITY OF VIRGINIA (SEAL) ATTEST: Clerk, City of Roanoke, Virginia Mayor, City of Roanoke, Virginia {#0995931-1, 077826-00058-01: A-5 ASSIGNMENT FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto (PLEASE PRINT OR TYPEWRITE NAME At\lD ADDRESS, INCLUDING ZIP CODE, OF ASSIGNEE) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYl1'lG 1\TUMBER OF ASSIGNEE: the within Bond and irrevocably constitutes and appoints attomey to exchangc said Bond for definitive bonds in lieu of which tllis Bond is issued and to register the tr.msfer of such definitivc bonds on the books kept lor registration thereof, with lull power of substitution in the premises. Date: Signature Guaranteed: Registered Owner (NOTICE: Thc signature above must correspond with the nanlC of the Registered Owner as it appears on the front of this Bond in every particular, without alteration or change.) (NOTICE: Signature(s) must be guanmteed by an "eligible guarantor institution" meding the requirements of the Bond Registrar which requiremcnts will include Mcmbership or participation in ST Al\1P or such other "signaturc guarantcc progranl" as may be determined by thc Bond Registrar in addition to, or in substitution for, STAMP, all in accordance with the Sccurities Exchange Act of 1934, as amended. {#099~931-1, 07ï826-0CC5S-01} A-6 EXHIBIT B The proceeds of the Bonds will be used to finance the construction 0 f certain capital improvements for Patrick Hcnry High School (ú¡e "Projcct'"l, provided that any proceeds not needcd for the Project may be expended on .my other capital improvcment for school purposes within thc City. {#09~5931-1. 077B26-000SS-01} , The Roa~oke Time~ Roa:loke, Virginia Atfidavit of Püblication The Roa~okc Times ..----+--------.-. 1(.100LlS ROGERS PLC PO BOX 141~5 ATTORNEYS AT LAW RO~NOKE VA 24038 REFERENCE, 800~8823 9933547 Geor.ge Clemo NOTICEOFPUBLICHEARIN State of Virginia City of Roano}:e I, (the u~dersigned) an au=hori~ed 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 tha: the an~exed notice was published in said newspapers on the following dates: \.\., 'I\'otice is hereby gi'il:'ri that. "the CounCil of the City of' !Roanokt!. Virginia (the "Council"j will hold ù public ¡hearing. which may hI" :contlnuedor'ldjourned,asl IrequirCdunderapPliCShle 'law. al 7:00 P.M on . /liIJH'mber 20. 2006. .1! the' .Municipal Building. 215; 'Church Avenue, s.W..i Roanoke. Virginia. ini ,connection with the intention' 'of the Council to considerl approving the. issuancc by~ the Clt}' of Its general· oblig¡ltion bond or bonds In' an amount estimated not to' exceed 54,830.000 for the: ¡Jurposeotfimlnelngcertain capital improvements for' Patrick Henr}' HIgh School in the City of Roanoke. (the' foregoing bonds, (he "Bonds";. Anv titizen intNcstedlntheissuancl:!of the Bends may iJJpl?iJr and' be h~,]rd. If you are il peßonwith;¡disnbililyv,.ho' needs ¡¡ccommodatlons fori Ihishearing.pJcasccont<lct, the City Clerk's Office: 1(853-25411, belore 12:00· 'noon on friday. \o'iembcr, .17,2006. ¡Given under my hand this , 19th day of October, 20013. . '¡StePhanie M. Moon. Acting City Clerk Rosnok". VirginiiJ ¡C9933547 ,I, ~- ---- City/Cou~ty of Roanoke, Commonwealth/State of Vi~~inia. Sworn and subscribed before me this _~~__àay of November 2006. ~..¡itIless my hand and official seal. ~~-~-~7'7,^:-71 N3}¡ary,.,pub1ic My co"i~T.;~-~zi1{""es _..~~L-~lLt!I:-__. , ; ,11" " F,:JIÌL.J:SHEc";' ON , 10/2,1 10/31 ," TOTAL COST, FILED ON, 339.88 10/31/06 - --- - - - -+------------------- -- Billing Services Repre~:.~ntative ~ :::-~ ':-J , r" ~ ~...::: . ,-<" l:f~ ""7"' ê..í <~ t·.....:.· .,þ.. ~ '::::2' 1·.....:.- .t;" -<¡ NOTICE OF PUBLIC HEARlf'iG ON PROPOSED BOND FINANCING BY THE CITY OF ROANOKE, VIRGINIA. Notice is hereby given that the Council of the City of Roanoke, Virginia (the "Council") will hold a public hearing, which may be continued or adjourned, as required under applicable law, at 7:00 P.M. on November 20, 2006, at the Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, in connection with the intention of the Council to consider approving the issuancc by the City of its general obligation bond or bonds in an amount estimated not to exceed 54,830,000 for the purpose of financing certain capital improvements for Patrick Henry High School in the City of Roanoke, (the foregoing bonds, the "Bonds"). Any citizen interested in the issuance of the Bonds may appear and be heard. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office (853-2541), before 12:00 noon 011 Friday, November 17, 2006. Given under my hand this 19th day of October, 2006. Stephanie M. Moon, Acting City Clerk Roanoke, Vir!!inia :='"UqCJ]I}_t!_l. nï7l<i~l)-(¡Ou5~-U 11 II .~ ~ CITY OF ROANOKE O]<'I<'ICE 01<' THE CITY CLERK 215 Church A,'cnllc, S. W., Room ~S6 Roanoke, Virginia 2~()11-15J6 Telephone: (.540) 853·2541 Fax: I,,-In) 853·1l4S E-m¡.¡il: dl·rkØ·'ro~m(lk(,'11.g:0'· SHEIl.A :-:, HART\IA:-: AS.'õi."òtanl Cit), C1t'rk STEPHA:-:m M. MOON. ole Ading City Clerk November 22, 2006 File #60-467 Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Budget Ordinance No. 37632-112006 appropriating funds to be provided by issuance of VPSA Bonds for construction of Patrick Henry High School, and transferring funds from the Patrick Henry High School Project to the Monterey Elementary School Project, and amending and reordaining certain sections of the 2006-2007 School Capital Projects Fund Appropriations. Sincerely, tn· Þz ~ Stephanie M. Moon, CMC Acting City Clerk SMM:ew Attachment pc: Darlene L. Burcham, City Manager Sherman M. Stovall, Director, Management and Budget Marvin T. Thompson, Superintendent, Roanoke City Public Schools, P. O. Box 13145, Roanoke, Virginia 24031 Cindy H. Poulton, Clerk, Roanoke City School Board, P. O. Box 13145, Roanoke, Virginia 24031 'I¡>-'<-> IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of November, 2006. No. 37632-112006. AN ORDINANCE to appropriate funding to be provided by the issuance ofVPSA Bonds for the construction of Patrick Henry High School and to transfer funding from the Patrick Henry High School Project to the Monterey Elementary School Project, 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 Appropriated from VPSA Bond Funds Appropriated from General Revenue Appropriated from General Revenue Revenues VPSA Bonds - Patrick Henry 31-065-6066-6896-9006 31-065-6066-6896-9003 31-065-6074-6896-9003 $ 4,600,000 (700,000) 700,000 31-065-6066-1368 4,600,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: M-~ Þì .rYJ{/IYI/ ~. 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 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 Board November 20, 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 November 13, the Board respectfully requests City Council to appropriate $4,600,000.00 in VPSA Unsubsidized Bonds to provide funding for a portion of the costs of the construction of the new Patrick Henry High School. The Board further requests City Council to transfer $700,000.00 back to the Monterey Elementary School project from the school debt reserve fund. These funds were originally appropriated to the Patrick Henry High School account in anticipation of the availability of Capital Maintenance and Equipment Replacement Funds. The Board thanks you for your approval of the above requests. Sincerely, d\.Do~ Cindy H. oulton, Clerk re cc: Mr. David B. Carson Mr. Marvin T. Thompson Mr. William C. Wingfield Mr. Kenneth F. Mundy Ms. Darlene L. Burcham Mr. William M. Hackworth Mr. Jesse A. Hall Mrs. Ann A. Shawver (with accounting details) ~<\~~.":~~'~'~i¡;~)" ;¡ilï:.1I! . ~~::: . . . <~~\.. ",,0 ":".,,,,;,:.:::,. CITY OF ROANOKE DEPARTMENT OF FINANCE .JESSE A. HALL 215 Church A \'l:'nu~. S. W _, Roolll 461 P.O. Box 1220 Roanoke. Virginia 24006-1220 Telephone: (540) 8:;3-2821 Fax: (:;40) 853-6142 A:>IN H. SHAWVER Oi.-rrtfll' nf Finallct 1.'1ll;lil·Jc~.,c hall:ßcr.ro;mnke.\",lu<, nepuly Director tl11<1II:¡¡:m_l'h<l\\\"c].g>ci.lo.llIClkc.vaus November 20, 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 for Issuance of Debt and Appropriation of Funds Background and Current Situation: The Patrick Henry High School project has a current estimated cost of approximately $54 million. To adequately fund the costs of the project, additional bond financing of $4.ó million has been requested by the School Board. At its meeting on October 10, the Board approved a resolution to participate in the Spring 2007 Unsubsidized VPSA School Financing Bonds. The School Board will pay the debt service on the VPSA School Financing Bonds, and this debt service is estimated at approximately $425,500 for the first year of debt service based on current market conditions. Under the Public Finance Act, a public hearing on the issuance of the VPSA bonds must be held before the bonds may be issued. The appropriate notification has been published to support the public hearing authorizing issuance of up to $4,830,000 million in VPSA bonds. While construction proceeds of $4.6 million are needed for the project, issuance of up to $4.83 million is recommended for approval to ensure that adequate funds are received in the event that the bonds are issued at a discount. As a result of official School Board action at its meeting on November 13, 2006, the Board has respectfully requested that City Council appropriate $4,600,000 in VPSA Unsubsidized Bonds to provide funding for a portion of the costs of the construction of the new Patrick Henry High School. Honorable Mayor and Members of Council November 20, 2006 Page 2 The Board further requests City Council to transfer $700,000 to the Monterey Elementary School project from the Patrick Henry High school project account. These funds were originally transferred to the Patrick Henry High School account in July in anticipation of the availability of permanent financing. With the VPSA funds now being appropriated, the funding which was transferred from the debt reserve can be transferred to the Monterey Elementary project account to meet its project costs. Recommendations: Following a public hearing, adopt a resolution authorizing issuance of up to $4.83 million of VPSA unsubsidized bonds. Also, adopt a resolution declaring the City's intent to reimburse itself for qualifying expenditures upon the issuance of the bonds in the Spring 2007. Concur with the request of the School Board and adopt the attached budget ordinance to appropriate funding as described above. Sincerely, t¡~ ~ -WI Jesse A. Hall Director of Finance JAH:ca c: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Stephanie M. Moon, Acting City Clerk Sherman M~ Stovall, Director of Management and Budget Marvin T. Thompson, Superintendent of City Schools <Ø'J~ J A. . CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Awnue. S. Woo Room .tS6 Roanoke. Vjr~jnja 2.tUll-lSJ(j Tt'It'IJhone: (:;~OJ KS~'-2:;"¡1 FllX: (.540,85.'-1145 E-mail: c1crk@roanllkl',"a.~Il\" SHEII.A ". HARnIA" As.oõ;ishlßt Cit)' Clerk STEI'IIAr>u: M. ~IO()". CMC Acting Cit)' Ch:rk November 22, 2006 File #51 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No.3 7633-112006 amending and reordaining various sections in Chapter 36.2, Zoninq, Code of the City of Roanoke (1979), as amended, updating references to applicants and applications, revising certain definitions and yard, pedestrian access, height, sign, lighting, landscaping, parking, non-conforming structures, neighborhood design, wireless telecommunication facility, and floodplain regulations, amending provisions relating to the type and location of certain uses in various districts, revising supplemental regulations for certain uses and structures, and amending procedures for obtaining various permits, certificates and variances. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting, which was held on Monday, November 20, 2006, and is in full force and effect upon its passage. Sincerely, ;iÞI~ m. fv)ð~ Stephanie M. Moon, CMC Acting City Clerk SMM:ew Attachment Darlene L. Burcham November 22, 2006 Page 2 pc: The Honorable James R. Swanson, Chief Judge,' Twenty-Third Judicial 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 R. Brian Townsend, Director, Planning, Building and Economic Development ~~do ,4" IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA Th~ 20th day of November, 2006. . No. 37633-112006. AN ORDINANCE amending and reordaining various sections in Chapter 36.2, Zoninq, of the Code of the City of Roanoke (1979), as amended, to update references to applicants and applications, to revise certain definitions and yard, pedestrian access, height, sign, lighting,' landscaping, parking, nonconforming structures, neighborhood design, wireless telecommunication facility, arid floodplain regulations, to amend provisions relating to the type and location of certain uses in various districts, to revise supplemental regulations for certain uses and structures, and to amend the procedures for obtaining various permits, certificates and variances; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Section 36.2-108, Vested riqhts, of Article I. General Provisions. of Chapter 36.2, Zoninq, of the Code of the City of Roanoke (1979). as amended, is hereby amended and reordained to read and provide as follows: Section 36.2-108. Vested riqhts. *** (b) For purposes of this section and without limitation, the following are deemed to be significant affirmative governmental acts allowing development of a specific project: * * * (2) The city council has approved a :letition- an application for a rezoning for a specific use or density; * * * 2. Section 36.2-205, Dimensional requlations, of Article 2, Zoninq Districts, of Chapter 36.2, Zoninq, of the Code of the City of Roanoke (1979). as amended, is hereby amended and reordained to read and provide as follows: Section 36.2-205. Dimensional requlations. * * * 1 0- ~ 2-05 (e) Yards, generally. * * * (2) Permitted encroachments in yards: Yards shall be unoccupied and unobstructed as defined in Appendix A, except that encroachments ovef- thirty (30) inches or greater in height into yards shail be permitted as set forth in Table 205-1, provided the structure with which the encroachment is associated is conforming, or if the structure is nonconforming, provided the encroachment does not increase any nonconforming characteristic of the structure, * * * (f) Front yards. * * * (2) In the R-7, R-5. and R-3 Residential Single-Family Districts and the RM-'l and RM-2 Residential Mixed Density Districts, the required depth of the front yard shail be determined and applied in accordance with subsections (A),and (8), afId·(C),-below. provided that, in the application of subsection (A) or (8), the Zoning Administrator may require a greater yard depth for public safety reasons. (A) Where there is a building or are buildings on the adjoining lots, the minimum and maximum front yafd-Ðepths for yards of the applicable zoning district shail not apply, and the required minimum and maximum front yard dep#l- depths shail be determined by whichever adjoining lot has equal--tG-the shailowest established front yard depth as set forth in subsections (i), (ii), (iii) and (iv), below. of the established- büildtng·1 ines-efl-the adj 0 i n i A g-lots--aßd-.tAe- max-inwm-front- yard shalllle five {5) feet from·that Ðstalllished-miflirnurn--ffoot yam, (i) If the line of the shallowest established front yard depth lies between the lines of the minimum and the maximum front yards of the district, the minimum front yard depth shall be equal to the shallowest of the established front yard depths of the adjoining lots, and the maximum front yard depth shall be five (5) feet greater than the minimum front yard depth established by this subsection; (ii) If the shallowest established front yard depth is greater than the maximum front yard depth of the district, the maximum front yard depth shall be equal to that shallowest established front yard depth of the adjoining lots, and the minimum front yard depth shall be ten (10) feet less than the maximum yard depth :' . established by this subsection; " 10-12-06 (iii) If the shallowest established front yard depth is less than the minimum front yard depth of the district, but greater than ten (10) feet, the minimum front yard depth shall be equal to that shallowest established front yard depth, and the maximum front yard depth shall be ten (10) feet greater than the minimum yard depth established by this subsection; or (iv) If the shallowest established front yard depth is less than ten (10) feet, the minimum front yard depth shall be ten (10) feet, and the maximum front yard depth shall be twenty (20) feet. (B) Where there is no building or are no buildings on the adjoining lots, but there aFe-existin!buildin!son the--blosk fase, the- mininwm aRd m3*imum front yard depths-for-thc applisable- ZOniR! distrist shall-not-apply, and the minimum and maximum front yard deptl1---depths for the applicable zoning district shall apply. shall be equal-to the shallowest-of the established- building-lines on the-block faGe and-the·ma*imum froRt yard- shallbe--five(5}fcct frem that established minimum front yar-li;--{lf (C)------Where---there-are no buildings-on the bIGGk-face, the minimum- and-ma*imum front-yard depths for· the applic-ablezoAiflg-- distrist shall apply.- * * * 3_ Section 36.2-314, Commercial Districts (CN, CG. CLS). of Division 1, Base Districts - Residential. Commercial and Industrial. of Article 3. Requlations for Specific Zoninq Districts. of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: Section 36_2-314_ Commerciai Districts ICN. CG. CLS)_ * * * (e) Pedestrian access_ In the CN. CG, and CLS Districts, designated pedestrian pathways of a minimum width of five (5) feet shall be provided and marked from the public sidewalk, or the public right-of-way where there is no public sidewalk, to the public entrance of any principal building. Such pedestrian pathways shall be surfaced with concrete, asphalt, bituminous pavement, brick or stone pavers, or a pervious pavement system. * * * 3 10-12-06 --.--'---' ..._._-~ Table 314-1. Dimensional Matrix for Commercial Districts (CN, CG, CLS) I ~ë~~itŸ (minimuill Sq=d~~~~~ge of dwellin9....u..rliD__ _._ : Lot area, minimum (square feet) --- -- ..-- -- Lot area, maximum (square feet) _u___. ......... . Lot frontage, min~rnu':':lYeet) ! Lot frontage, maximum (feet) .. .. ...------ Front yard, minimum (feet) --_._-."-"------ Front yard, maximum (feet) ~- -- ."--...---.. ! Side yards. n~~irn.~~_combined width (feet) I Side yard. minimum (feet)' r ..- -----.- - --- Rear yard, minimum (feet) 23" L Height, maximum (feet) I Floo~~r~~_~~tio, maximum . Impervious surface ratio, maximum ! CN _______ J...___ _ lot area per 11,8_0? 15,000 20.000 -or CG CLS 10,000 130,680 . . ---....-. 100 _ 9°~~9~ j 150 I -11- -- C 10 --- --I -¡ , I 200 ~~ 1, 20 25 __ 2 -_._~ ~__4 I j ..-- ~ 35 -1- 46 ___no . l m -- , 5,0 5.0 100% ....i 85% 80% 1 Where a buffer yard is required, as set forth in Section 36.2-647(c), that is greater than the required minimum side yard established in Table 314-1, including where no minimum side yard is required, the required buffer yard shall govern the minimum side yard requirement. 2 There shall be no minimum side yard in the CLS District, except that where a CLS District abuts a residential district, the minimum side yard shall be twenty-five (25) feet from the abutting residentially-zoned lot. 23 Where a buffer yard is required, as set forth in Section 36,2-647(c), that is greater than the required minimum rear yard established in Table 314-1. including where no minimum rear yard is required, the required buffer yard shall govern the minimum rear yard requirement. 4 There shall be no minimum rear yard in the CLS District, except that where a CLS District abuts a residential district, the minimum rear yard shall be twenty-five (25) feet from the abutting residentially-zoned lot. >5 There shall be no maximum height of structures in the CG District, except that where a iot in the CG District abuts a residential district. the maximum height of any structure in the CG District shall be forty-five (45) feet. 46 There shall be no maximum height of a structure in the CLS District, except that where a lot in the CLS District abuts a residential district, the maximum height of any structure in the CLS District shall be one (1) foot of height for one (1) foot of setback from the abutting residentially zoned lot. .. 10-12-06 4. Section 36.2-326, Mixed Use Planned Unit Development District (MXPUD), Section 36.2-327, Institutional Planned Unit Development District (INPUD), and Section 36.2- 328, Industrial Planned Unit Development District (IPUD), of Division 2, Base Districts - Special Purpose Districts, of Article 3, Requlations for Specific Zoninq Districts, of Chapter 36.2. Zoninq, of the Code of the City of Roanoke (1979), as amended, are hereby amended and reordained to read and provide as follows: Section 36.2-326. Mixed Use Planned Unit Development District (MXPUD). * * * (d) Development standards. All petitions applications for review and approval of a Mixed Use Planned Unit Development District (MXPUD) shall comply with the following standards of development: (1) General standards: (A) The development plan shall emphasize compatibility with the surrounding neighborhoods. (B) The development shall be designed and arranged in such a way as to promote energy efficiency and encourage solar access. (C) Proposed streets, parking areas. and pedestrian circulation systems shall provide safe and convenient access to and from the development and for all lots within the development. (D) Sewage collection and water distribution systems shall be laid out in an efficient manner. (E) Landscaping and open space shall be used to provide shading. screening, and erosion and sedimentation control. (F) The development shall reflect the existing topography and natural character of the site by minimizing grading and by preserving existing trees. * * * (e) Procedural requirements. In addition to the requirements for zoning amendments set forth in Sections 36.2-540 and 36.2-541, petitions applications for a MXPUD District shall include a proposed development plan, drawn to scale, containing the following information and necessary explanatory materials: (1) Boundaries of the proposed MXPUD District and the ownership of properties contained therein, as well as all existing public and private 5 10-í2-06 streets. alleys. and easements within and immediately adjacent to the district: (2) Location, size, and use of existing buildings and the location, size, and use of proposed buildings or additions to existing buildings; (3) Location of all existing parking facilities and the approximate location of all proposed surface parking lots or parking structures, including the number of parking spaces for each lot or structure and all existing and proposed means of access to parking areas and to public or private streets. alleys. and easements; (4) Proposed changes in the location, width, or character of public streets, alleys, or easements within and adjacent to the district, and the delineation of any private driveways or loading spaces that intersect with public rights-of-way or easements; (5) Existing and proposed pedestrian routes, including links between various buildings; (6) General use of major existing and proposed open spaces within the site and specific features of the development plan, such as screening, buffering. or retention of natural areas, which are intended to enhance compatibility with adjacent properties. and calculations of the percentage of usable open space for the district; (7) Infrastructure plans indicating the size and location of existing and proposed stormwater, sanitary sewer, and water lines as well as estimates of impacts of the proposed development on infrastructure capacity in the district and impacts on collector lines immediately outside of the district; and (8) Information to demonstrate the compatibility of all structures with the surrounding neighborhood, Section 36.2-327, Institutional Planned Unit Development District (INPUD) * * * _n_..____._.._---, ! Table 327-1. Dimensional Matrix for Institutional Planned Unit Development District (INPUD) ; -- ! .. .. .---- . ---1 k---"":"__Standard .. .+-_ _ __.INPUD ---- ---, : Density (minimum square footage of , 1 800 f I I lot area per dwelling unit) ---L--' ,square eet 1------ ----------.- I No minimum yard requiremeñis; shali be specif¡ed---'-~ : Yards. front, side, and rear : during the review and approval of the development 1 ¡ I Jllan for the MXPUD INPUD District ~ '1 H i ht maxim -- -- . -~ No ma~imum he-i-ght'- except where INPUD Di~trict- ~. ' um _______ _ I adjoin~ a res!~ential district, inwhic~ _~ase the height of J 6 10-12-Qô ,-any structure withinthe-ij\jP-UD District -shall-ñotexceed I one (1) foot of height for one (1) foot of setback from ~_ _ _ _ _ __ th~Ql?cent residential!y-zoned lot __ ___ _ Floor area ratio (maximum cumulative I ~atio of a[1 principal and accessory 10_0 b_uildings within the INPUD Dis_trict) --- - -------l Impervious surface ratio (maximum , cumulative ratio for an MXPUD INPUD 80% , District) I Usable open spaœi~;¡~;~um square 1- footage per dwelling unit) _____. _.n....__ 300 square feet (e) Procedural requirements_ In addition to the requirements for zoning amendments set forth in Sections 36_2-540 and 36_2-541, petitions applications for an INPUD District filed after the effective date of this Chapter, or any change to an INPUD District created by the adoption of this Chapter, shall include a proposed development plan, drawn to scale, containing the following information and necessary explanatory materials: (1) Boundaries of the proposed INPUD District and the ownership of properties contained therein, as well as all existing public and private streets, alleys, and easements within and immediately adjacent to the district; (2) Location, size, and use of existing buildings and the location. size, and use of proposed buildings or additions to existing buildings; (3) Location of all existing parking facilities and the approximate location of all proposed surface parking lots or parking structures, including the number of parking spaces for each lot or structure and all existing and proposed means of access to parking areas and to public or private streets. a[leys, and easements; (4) Proposed changeš in the location, width, or character of public streets, alleys. or easements within and adjacent to the district. the delineation of any private driveways or loading spaces that intersect with public rights- of-way or easements, and if applicab[e, the delineation of routes for emergency vehicles accessing the district; (5) Existing and proposed pedestrian routes, including links between various buildings; (6) General use of major existing and proposed open spaces within the site and specific features of the development plan, such as screening. buffering. or retention of natural areas, which are intended to enhance compatibility with adjacent properties. and calculations of the percentage of usable open space for the district; (7) Infrastructure plans indicating the size and location of existing and proposed stormwater. sanitary sewer, and water lines as well as estimates of impacts of the proposed development on infrastructure 7 10-12-06 capacity in the district and impacts on collector lines immediately outside of the district; and (8) Information to demonstrate the compatibility of all structures with the character and appearance of the surrounding neighborhood by virtue of the structures' height, bulk, and location within the INPUD. Section 36.2-328. Industrial Planned Unit Development District (IPUD). * * * (d) Development standards. All petitions applications for review and approval of an Industrial Planned Unit Development District (IPUD) shall comply with the following standards of development: (1) General standards: (A) Circulation and traffic access: All streets and driveways within an IPUD District shall be designed to serve adequately their intended traffic function and the volume of traffic anticipated to be generated by the development. (B) Energy: The development of any site within an IPUD District shall be designed and arranged in such a way as to promote energy efficiency. (2) Dimensional standards: The dimensional standards within the IPUD District shall be as set forth in Table 328-1. (3) Utilities: All utility lines, including electric power. telephone, and cable television lines, and similar utilities, shall be located underground. * * * (e) Procedural requirements. In addition to the requirements for zoning amendments set forth in Sections 36.2-540 and 36.2-541, pet#ieRs applications for an IPUD District shall inciude a proposed development plan, drawn to scale, containing the following information and necessary explanatory materials: (1) Boundaries of the proposed IPUD District and the ownership of properties contained therein, as well as all existing public and private streets, alleys, and easements within and immediately adjacent to the district: (2) Location, size, and use of existing buildings and the location. size. and use of proposed buildings or additions to existing buildings; (3) Location of all existing parking facilities and the approximate location of all proposed surface parking lots or parking structures, including the number of parking spaces for each lot or structure and all existing and proposed means of access to parking areas and to public or private streets, alleys, and easements; 8 10-12-06 (4) Proposed changes in the location, width, or character of public streets, alleys. or easements within and adjacent to the district. and the delineation of private driveways or loading spaces that intersect with public rights-of-way or easements; (5) Existing and proposed pedestrian routes, including links between various buildings; (6) General use of major existing and proposed open spaces within the site and specific features of the development plan, such as screening, buffering, or retention of natural areas. which are intended to enhance compatibility with adjacent properties, and calculations of the percentage of usable open space for the district: (7) Infrastructure plans indicating the size and location of existing and proposed stormwater, sanitary sewer, and water lines as well as estimates of impacts of the proposed deveiopment on infrastructure capacity in the district and impacts on collector lines immediately outside of the district; and (8) Information to demonstrate the compatibility of all structures with the character and appearance of the surrounding neighborhood by virtue of the structures' height, bulk, and location within the IPUD. 5. Section 36.2-332, Neiqhborhood Desiqn Overlav District (ND), Section 36.2-333, Floodplain Overlay District (F), and Section 36.2-336, Comprehensive Siqn Overiav District. of Division 3, Overlay Districts, of Article 3, Requlations for Specific Zoninq Districts, of Chapter 36.2, Zoninq. of the Code of the City of Roanoke (1979). as amended, are hereby amended and reordained to read and provide as follows; Section 36.2-332. Neiqhborhood Desiqn Overlav District (ND). * * * (c) Design standards. In considering an application for a zoning permit, the Zoning Administrator shall apply the following standards for a new dwelling. a new accessory building that is accessory to a dwelling, or expansion of an existing dwelling in the NO Overlay District: (1) Building location and massing; (A) The required front yard shall be determined by Section 36.2- 205(f)(2)(A) and (B). * * * (D) Where lots on both sides have dwellings, the Tile fOllndatioo height of the foundation facing the street shall be no more than twenty (20) percent greater than the height of shall--be-aligned 9 1Q-12-Qô with the tallest adjoining foundation ßci!lhtE: of dweIliRgs-en--the aÐjGiniflg-lots-er,where-theæ-are RO dweIliR!lE: -oR-adjoining-lots, with--the-majority-of- dwcIliR!lE: OR the E:ame--side-of the . same bIGGk and shall be no less than twenty (20) percent below the height of the shortest adjoining foundation. Where a dwelling exists only on one (1) side, the foundation height shall be within twenty (20) percent of the height of that adjoining dwelling. Such measurements shall be taken at comparable locations on the respective foundations (i.e. left side, right side). There is no foundation height requirement where no dwellings exist on either adjoining lot. * * * Section 36.2-333. Floodplain Overlav District (F). * * * (f) Definitions. Certain terms and words used in this section shall be defined as set forth below. Where any conflict exists between the definitions below and those set forth in Appendix A, the definitions of this subsection shall govern for the purposes of the regulations of this section. * * * Repetitive loss: Flood-related damage sustained by a structure on two (2) separate occasions during a 10-year period for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds twenty-five (25) percent of the market value of the structure before the damage occurred. * * * Substantial improvement: Any combination òf repairs, reconstruction, rehabilitation, addition, or other improvement of a structure, taking place during a period of five (5) years, the cumulative cost of which equals or exceeds fifty (50) percént of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "repetitive loss" or "substantial damage" regardless of the actual repair work performed. The term does not, however. include either: (1) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions, or (2) Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a 'historic structure. " * * * ]( 10-12-Qô (k) Existing strúctures in the floodplain. A structure or use of a structure or premises which lawfully existed before the enactment of these provisions, but which is not in conformity with these provisions, lTlay be continued subject to the following conditions: * * * (2) For the purpose of this section, any modification, alteration, repair, feCÐA5tructioll; or-impr~vement-modífications, alterations, repairs, reconstructions, or improvements of any kind to a structure or use located in a floodplain, taking place during a period offive (5) years, tG-aA-e*tent- GF-amount less-than- the cumulative cost of which amounts to less than fifty (50) percent of its market value shall be elevated or flood proofed in accordance with the Virginia Uniform Statewide Building Code to the greatest extent possible. (3) For the purpose of this section. any combination of modification, altefatiGl1¡-l'epaiF, r-cGonstruGtion, GF-improvemellt-modifications, alterations, repairs, reconstructions, or improvements of any kind to a structure or use located in a floodplain. taking place during a period of five (5) years,-te-an-e-xtent-oF-amGlmt-ef-the cumulative cost of which equals or exceeds fifty (50) percent or more of its market value shall be undertaken only in full compliance with the provisions of this Chapter and the Virginia Uniform Statewide Building Code. * * * Section 36.2-336. Comprehensive Sign Overlay District. * * * (c) Standards. All petitiafls applications for review and approval of a Comprehensive Sign Overlay District shall comply with the following standards: (1) A Comprehensive Sign Overlay District shall be applied as an overlay only to lots with a CLS. MXPUD. INPUD. or AD District zoning designation; (2) A Comprehensive Sign Overlay District shall consist of at least five (5) acres; (3) The comprehensive signage plan shall emphasize compatibility with the buildings and site design; (4) The overall sign area in the Comprehensive Sign Overlay District shall not exceed the combined total of freestanding and building-mounted sign allocation of the otherwise applicable zoning district sign regulations; and (5) The height limits of the applicable zoning district sign regulations shall not be exceeded. (d) Procedural requirements. ]1 10-12-06 (1) A request to establish and apply a Comprehensive Sign Overlay District to a specific property or contiguous properties may be initiated by petition application of the property owner, contract purchaser with the owner's written consent, or the owner's agent in order to provide alternative sign regulations than would othelWise be required by this Chapter. Such a request shall be considered an amendment to the zoning ordinance and Official Zoning Map, and review and approval shall be subject to the amendment requirements as set forth in Section 36.2-540. If a Comprehensive Sign Overlay District is established, the sign limitation established by that overlay district shall govern. (2) In addition to the requirements of Section 36.2-540, a-petition an application to establish a Comprehensive Sign Overlay District shall include a comprehensive signage plan that contains the following information: (A) A written plan detailing the type, quantity, size (dimensions), shape, color, material, and location of all signs. existing and proposed, within the property that is the subject of the proposed Comprehensive Sign Overlay District: (8) A summary of how the Comprehensive Sign Overlay District, as proposed, will serve the objectives set forth in Section 36.2-660; (C) An illustration of each sign included within the proposal, including each sign face: (D) An illustration of any proposed sign landscaping; and (E) An illustration of proposed lighting for any illuminated signs. (3) . In addition to the requirements of Section 36.2-540, the Planning Commission and City Council shall consider a-petitioA an application to establish a Comprehensive Sign Overlay District to determine that the Comprehensive Sign Overlay District, as proposed, meets the standards set forth in this section and will serve the public purposes and objectives set forth in Section 36.2-660 at least as well, or better, than the signage that would othelWise be required by this Chapter for the subject property. * * * (5) Comprehensive Sign Overlay Districts which have been properly established may be amended or varied only upon submission and approval of a zoning amendment petition application pursuant to Section 36.2-540. 6. Section 36.2-340. Use matrix. of Division 4, Use Matrix. of Article 3, Requlations for Specific Zoninq Districts, of Chapter 36.2, Zoninq, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: 12 10-12-00 Section 36.2-340. Use matrix. The uses permitted as of right or by special exception within each zoning district shall be as set forth in Table 340-1. Table 340-1. Use Matrix [ . Key: "P" mc;.i'1s permitted as of right ,'35 a pflncipiiiuse. "5" meaJJS permillf:-a"by -speci81 exception as a principal use. -Ã bfan"k" ce/~ means pr()h¡tJit~d Under ':Accessory Uses': 'A" ITIrJolIJS permitted as an accessory use; "S" means permitteä by special excaplfon ElS I ;In Dccesso,.. use: and a blank cell mTns Prol¡j~ . § c'!: LLêii § § <3 <3 ~ 1::0~1_ ~ QQI I I I'LL LL 1:l' 1:l OJ ' :: ~. 1:; ~ .-~,..I ~: 6 <6 ¡ <6 ,,' " ~ :ê c; e,. t5 Q." § i . 6, Jj' g>]';]' ~ ~ ~: ~ ~,'.5' õ;.s. 0 Ä. " ~I § <¡: ~ i:ì5 0) 0) Õì OJ Õì -c' Õì ci; Æ; ~ i~¡' ~ :s .._.",~_. Q ~ ~ ~ ~ ~ ~ ~ - .m "_ "5 0 ~ ~ ~ ~ ~ ~ :0::: ij) ~ ~I:-: (1)' Q) (j) ê 2 tii -. ~ . "? ë: 8: () ï::: § ~ ~ ~. ~¡ ~. ~i ~ ~ ~ E ~ ~ ~.Q ~ ~ ~ ~. ~e.. :!I ~..~~~, ~i~li: ;1' ~i~'~··' ~ ii:')' t, ~ii:~1 .~I * * * [-¡:\ëcg!llIll()9é1tions arid (3rouR.. living -..---=:] * * * I Group care facility,' l' l . I Congregate home. . : 'I I Elderly, subject to I Ii' Sec. 36.2-412 . n.~.. ' PlP ¡ I' 'I; : ! ! l_.J . 1\ -!';!T'P-- . I I : . --_.~.... * * * r-=----- -. .-. .-- - ". , Cgmmerc;lal Uses, Ret,!il. ?!3les and Service * * * I _ill . !'1Tl-1P .p-- TTT-TTi'l J_.J _:~lt U.J ill. I . I Manuiactured . or ! , mobile home sales i * * * . PersëJllal service·¡-----:---·,;IT··;l· ,p : p I p 'T' I ~stabllshment. not J ¡ l I :1' . Lothe~wise Iisteçj i~_ '. I I. ..~ _ ' Tp~ :'T-;-PT'I ll_.li.,~.¡~ 13 10·12·06 r-:-;- ---.--- , this table CLLl TJ..--!--~ì * * * J\ssernblyand Entertainment .J * * * i ~;;~~o~, ! "'1-1-'-[1 I p I--~-' --1-'- ¡ P '1-' p~~ , , ; LJ ' I_.~_ . _ .J__ ' J IJ ; i .J In -- * * * [Tr~nsrjol!a.tion Uses and~irucit;res J * * * ~~r~;~~ lot facility ", : ---1 Il~r-~p-'--I:P , L~. __ L_. J_I__lliili * * * 7. Section 36.2-403, Accessory uses and structures, Section 36.2-409, Drive- throuqh facilities, Section 36.2-413. Home occupations, Section 36.2-425, Parkinq or storaqe of recreational vehicles, motor homes. boats, campers. or trailers. Section 36.2-429, Temporary uses, Section 36.2-431, Townhouses and rowhouses, and Section 36.2-432. Wireless telecommunic-ªlLçns facilities and broadcastinq towers, of Article 4. Supplemental requlations, of Chapter 36.2. Zoninq. of the Code of the City of Roanoke (1979), as amended, are hereby amended and reordained to read and provide as follows: Section 36.2-403. Accessory uses and structures. * * * (c) Setbacks and spacing standards, general. Except for fences, walls. or outdoor light support structures, or as otherwise provided in this section, the followin9 setback and spacing requirements shail apply to accessory structures: * * * 14 10-12-00 (2) Accessory structures shall be located no closer to any public street than the principal building. except as set forth in subsections (A) and (8) below, provided such exceptions set forth in (A) and (B) below shall not apply to refuse dumpster enclosures. (A) In the case of any corner lot with more than two (2) street frontages or any through lot. such requirement shall apply to only one (1) public street. provided no accessory structure shall be located closer than five (5) feet to any such lot line abutting a public street; or (8) In the case of any corner lot with two (2) street frontages. such requirement shall not apply to a second front yard, provided no accessory structure shall be located closer than five (5) feet to such front lot line. * * * Section 36.2-409. Drive-through facilities. * * * (d) Standards. * * * (6) Stacking lanes shall be designed so that they do not interfere with circulation both on site and on adjacent public streets. Toward that purpose, stacking lanes shall be designed so they: * * * (D) Do not interfere with required loading and trash storage areas, and loading or trash operations shall not impede or impair motor vehicle movement. If se:larate staekjng ·is Gllrlleel, all-€mer§enGY by-pass or exit shall be :lrs\'ided. * * * Section 36.2-413. Home occupations. 15 10-12·05 * * * (c) Prohibited home occupations. The following uses shall be specifically excluded as home occupations or personal service home occupations: motor vehicle repair or service; appliance repair, machine shop. welding shop, escort service, landscape or lawn service operation, and·--{;Ontr-actor's or sllI:lcontracter's office er storage--yar-d furniture refinishing or upholstery, sign making, and special trade contractors who are engaged in metalworking or cabinetmaking. * * * Section 36.2-425. Parkinq or storaqe of recreational vehicles. motor homes. boats. campers. or trailers (a) A motor home, boat, truck camper, inhabitable bus, recreational vehicle, travel trailer. boat trailer, or other trailer may be parked or stored on a lot; but not inhabited for a period exceeding twenty-four (24) hours, in a residential district or in a CN or MX District. provided that such motor vehicle or equipment shall be: (aj (1) Licensed for the current year; tbl (2) Located no closer to any street than the principal building; and (-c-) (3) Not over thirty-two (32) feet in length or nine (9) feet in height. (b) No motor home, boat, truck camper, inhabitable bus, recreational vehicle, travel trailer, boat trailer, or other trailer, not including a trailer which is used, designed, or maintained for the transportation of property for compensation or profit, shall be parked, stored, or left standing on any street or alley located in a residential district or in a eN .or MX District, except for motor homes, recreational vehicles, or travel trailers which may be parked or left standing on such street or alley for up to but not exceeding seven (7) calendar days. Section 36.2-429. Temporary uses. * * * (d) Portable storage containers. The provisions of this section shall apply to the placement. location, erection, or relocation of any portable storage container, except as provided in Section 36.2-429(b). Portable storage containers shall be prohibited in all zoning districts except that such portable storage containers shall be permitted as temporary uses as set forth in Table 429-1 , subject to the following additional standards: (1) The following standards shall apply to any portable storage container permitted as a temporary use by this Chapter: (A) The placement of any portable storage container on a lot shall be permitted only upon issuance of a zoning permit. SüGA-ZGniR§- permit shall· be displayed on the outside·of-tRe-contaiooF-ifl-such manner as to be plainly visible; 16 10-~2-06 (8) Portable storage containers shall not be permitted on any lot that does not contain a principal building: (C) Portable storage containers shall be permitted only for storage purposes as an accessory use to the principal use of the lot on which such container may be located; (0) Portable storage containers shall not be connected to any utilities; (E) No more than two (2) signs having a-maximum-ar-ea-<lf-four-{4) square feet ßer si!n may be displayed on any portable storage container, and such sigR signs shall be limited to identification of the supplier of the container and the supplier's phone number; and fF) No-portablestorage-f;ontaineF-ShaJl-be-lGGated G!eser #Jan fj,'e f5}-feet to any side or rear tet liRe,-éut in nÐ Gasesha/~such container-be-IÐGated-within 3 refluired buffer yard; am:J(-Gj(F)The vertical stacking of portable storage containers and the stacking of any other materials or merchandise on top of any portable storage container shall be prohibited_ (2) In addition to the general standards set forth in subsection (1) above. portable storage containers in the residential districts (RA, R-12. R-7, R-5. R-3, RM-1, RM-2. RMF), MX District, and MXPUD District shall be subject to the following regulations: (A) No more than one (1) portable storage container shall be allowed on a lot, and such container shall be permitted only in connection with a construction, rehabiJitation, or restoration activity on the lot, or a relocation to or from the property, (8) No portable storage container shall have dimensions greater than sixteen (16) feet in length. eight (8) feet in width. and eight and one- half (8-1/2) feet in height; and (C) A portable storage container may be located on-a-ÐFivcway,so lon! as rel:Hjred-parkin! sßaGes ar-e-not-obstrIJGted and suc-h Gontainer is not Gloser-thaß-tcn (19) feet-to-the-front ßroßerty line.shall be located on the lot which contains the principal use it serves, but in no case shall such container be located within a required buffer yard. (3) In addition to the general standards set forth in subsection (1) above, portable storage containers in the CN, CG, CLS. 1-1,1-2. D, IN, ROS. AD. INPUD. and IPUD Districts shall be subject to the following regulations: (A) One (1) or more portable storage containers may be permitted per zoning lot per zoning permit; (8) No portable storage container shall be located closer to a public street than the principal building; and 17 10-12-06 (C) No portable storage container shall be placed or located on, or block access to, a required parking space, circulation aisle. or fire access lane. or cause a visual obstruction to pedestrians or motor vehicles leaving or entering the property·,; and (D) No portable storage container shall be located closer than five (5) feet to any side or rear lot line, but in no case shall such container be located within a required buffer yard. * * * Section 36.2-431. Townhouses and rowhouses. * * * (c) Standards. In accordance with the general purpose set out in this section, townhouses and rowhouses shall be subject to the following supplemental regulations: * * * (7) Off-street parking: No off-street parking spaces or driveways shall be permitted between a public or private street and any principal building, except when parking is provided for each individual townhouse unit and provided further that the townhouse dwelling units are §feateF-than at least twenty-five (25) feet in width, the driveways are no greater than ten (10) feet in width, and the garage doors are no greater than ten (10) feet in width. Off-street parking spaces may be grouped in bays if not located between a public or private street and any principal building. * * * Section 36.2-432. Wireless telecommunications facilities and broadcastinq towers. * * * (b) Applicability. * * * (3) Where permitted as of right by this Chapter, stealth wireless telecommunications facilities shall be subject to the provisions of Sections 36.2-432(d)(3) and 36.2-432(e), provided such facility does not increase the height of the existing structure or structure's appurtenance by which it is camouflaged by more than ten (10) feet. * * * (c) Definitions. The words. terms, and phrases used in this section shall be defined as set forth in this subsection. For the purposes of this section, to the 18 10-12-06 extent of any inconsistency between the definitions set forth below and the definitions in Appendix A. ttle definitions provided in this subsection shall control. * * * Stealth wireless telecommunications facility A wireless telecommunications facility that is hidden or not readily detectable by means of camouflage or concealment. Camouflage shall mean a way of painting and mounting a wireless telecommunications facility that requires minimal changes to the host structure in order to accommodate the facility. Concealment shall mean to enclose a wireless telecommunications facility within an existing structure or appurtenance of a structure resulting in the facility being either invisible or made part of the feature enclosing it. Such structures or appurtenances may include church steeples, bell towers. church spires. clock towers, cupolas. light standards, chimneys, utility poles, and flagpoles displaying flags. For the purposes of the regulations of this section. stealth wireless telecommunications facilities shall include the use of existing structures or appurtenances of structures in which the facility is concealed by embedding all antennae within the structure or appurtenance, antennas mounted to the sides-iveFtical-fa£-e--Ðf a water tank and not extending more than ten (10) feet above the highest horizontal tiRe plane of aR the face-af the tank, and a single antenna array attached to a telecommunications pole constructed and integrated within an existing electric transmission tower in which the height of the pole and antenna array does not exceed ten (10) feet above the existing electric transmission tower. * * * (e) General standards. The following standards shall apply to any wireless telecommunications or broadcasting tower permitted by this Chapter as of right or by special exception: * * * (8) By applying for and being issued any permit for a wireless telecommunications or broadcasting tower. or petitiooing applying for and receiving approval of a MXPUD. INPUD or IPUD District which development plan includes a wireless telecommunications or broadcasting tower, the applicant--ÐF petitienef and the owner of the land agree to dismantle and remove such tower and associated facilities from the site within ninety (90) calendar days of the tower no longer being used. Dismantting and removal from the site shall only be required after notice by the Zoning Administrator. If antennas on any approved tower are relocated to a lower elevation, the tower shall be shortened to the height of the highest antenna. A guarantee may be required as part of the approval of a special exception permit. Such guarantee shall be in an amount sufficient to ensure removal of the tower and all associated facilities and returning the site as closely as possible to its original condition. 19 10-12-06 * * * 8. Section 36.2-510. General procedural requirements. of Division 1, Generally, of Article 5, Procedures, of Chapter 36.2, Zonino. of the Code of the City of Roanoke (1979), as amended. is hereby amended and reordained to read and provide as follows: Section 36.2-510. General procedural requirements. (a) Application process. The specific procedures required for reviewing various applications differ. Generally, the· procedures for all applications have three common elements: submittal of a complete application. including applicable information and payment of the required fee; review of the submittal by designated officials, commissions. and boards; and action to approve, approve with conditions, or deny the application. Submittal dates or filing deadlines are established by the requirements of the specific application. . * * * (2) Completeness review: The Zoning Administrator shall review any application or·--petitiofl filed pursuant to this Chapter for completeness. Non-payment of required fees shall deem an application ÐF-petition incomplete. Prior to processing an application Ðf-PetitiGA pursuant to this Chapter, the applicant er-petitionef-may be required to produce satisfactory evidence that any delinquent real estate taxes owed to the City have been paid. * * * (c) Notice provisions. * * * (2) The reviewing body may take any action on the petitkm-or application that is consistent with the notice given, including approval of the petitioA OF application, approval of the petitio A or application as amended, or denial of the petitioA-Ðf application. The reviewing body may allow amendments to the lletitien-oF application if the effect of the amendments is to allow a lesser change than that requested on the original petitioA-Elf application or to reduce the impact of the development or to reduce the amount of land involved from that indicated in the notices of the hearing. The reviewing body shall not, in any case. permit a greater intensity of development, or a use falling in a different general use category. or a larger land area than indicated in the original petitioA-Elf application, or a greater variance than was indicated in the notice. (d) Public hearings. The purpose of a public hearing is to allow the applicant ÐF petitieAer-and all other interested parties a meaningful and fair opportunity to be heard, to present evidence relevant to the application~petitieA, and to rebut evidence presented by others. All hearings under this section shall be open to the public and shall be conducted in an impartial manner. The conduct of a public hearing before the Planning Commission, the Board of Zoning Appeals. or the City 20 10-1:2-06 Council shall be as set forth in the Code of Virginia (1950), as amended, and other applicable sections of this Article. Where apprûpriate. additional rules governing the public hearing may apply, including the provisions of other chapters of this Code applicable to the body conducting the hearing and any of the body's adopted rules or procedures. The body conducting the hearing may adopt rules of procedure to limit the time for each presentation or each speaker. The body conducting the hearing shall record the minutes of the proceedings by any appropriate means as prescribed by rule and consistent with Virginia law. 9. Section 36.2-530. Certificates of appropriateness, of Division 3, Certificates of Appropriateness, of Article 5. Procedures, of Chapter 36.2, Zoninq, of the Code of the City of Roanoke (1979), as amended. is hereby amended and reordained to read and provide as follows: Section 36.2-530. Certificates of appropriateness. . * * * (c) Procedures. * * * (2) In order to be heard by the Architectural Review Board at its next regular meeling. a complete application for a Certificate of Appropriateness shall be made to the Secretary to the Board, on forms provided.-at-lcast fifteeR--f1-áj calenGaHlays-prior to tile-next sGlleduled meeting. in accordance with the rules adopted by tIle Architectural Review Board. In the eventof an appeal pursuant to subsection (1), above. a notice of appeal shall be filed with the Secretary to the Board at least fifteen (15) calendar business days prior to the next scheduled meeting. * * * (5) 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 thirty (30) calendar days after the decision is rendered by the Board. The City Council shall schedule a ¡lIlolic heafiAg the matter for a public meeting and render a decision on the matter within sixty (60) calendar days of the receipt of the petition. unless the property owner and the Agent to the Architectural Review Board agree to an extension. The City Council may affirm the decision of the Board, reverse or modify the Board's decision, in whole or in part, or refer the matter back to the Board. * * * 9. Section 36.2-540, Zoninq amendments, and Section 36.2-541. Conditional rezoninqs, of Division 4, Zoninq Amendments and Conditional Rezoninq, of Article 5, Procedures, of Chapter 21 10-12-06 36.2, Zoninq. of the Code of the City of Roanoke (1979). as amended, are hereby amended and reordained to read and provide as follows: Section 36.2-540. Zoninq amendments. (a) PUlpose. The purpose of this section is to establish procedures for initiating and processing petitiens applications to amend the provisions of this Chapter and to amend the Official Zoning Map. (b) Applicabiiity. Whenever the public necessity, convenience, general welfare, or good zoning practice requires. the City Council may by ordinance amend, supplement. or change this Chapter. including the text and the Official Zoning Map. Any such amendment may be initiated by resolution of the City Councilor by motion of the Planning Commission. An amendment to the Official Zoning Map may be initiated by pet-i-tiGA---&t application by the owner, contract purchaser with the owner's written consent or the owner's agent of the property which is the subject of the proposed zoning map amendment (c) Procedures; filing ofpe#Hfm application. (1) Prior to the filing of a petition an application to amend the Official Zoning Map, the petitioner applicant shall meet with the Zoning Administrator to determine that all filing requirements have been met and that all information is correct (2) 1'. petition An application to rezone property shall bè in writing aådfessed--to tile City-Council, and tiled - in-the Offise ot·-the City Clerk on forms provided by the City, and filed with the Secretary to the Commission, accompanied by payment of all fees and charges established by the City Council. (3) /1. petition An application for the rezoning of property shall include the following: (A) A description of the purpose for the requested zoning district classification and the proposed use of the property; (8) A concept plan outlining features of the proposed use of the property including buildings. parking, access, and similar features; (C) A map or maps of the area requested for rezoning; (0) Names, signatures, and addresses of the owner or owners of the lots or property included in the proposed change; and (E) Names, addresses, and official tax numbers of owners of the lots or property immediately adjacent to and those directly opposite thereto; provided, however. that inaccuracy or inadequacy of any such list of adjacent owners shall not in any manner affect the validity of any proceedings had or taken by the City Council with respect to the matters contained in such petition application. " ~"- 10·12·06 (4) Upon the filing of such petition application, and the payment of all applicable fees and charges. the City----Clefk Secretary to the Commission shall note the filing of the same and shall immediately transmit the petitioß application to the Planning Commission for study, report, and recommendation to the City Council. with a copy of such petition application mailed or delivered to the mayor and members of the City Council and to the Zoning Administrator. (5) Once City Council has considered a-petition an application, a petitioner an applicant may not request consideration of substantially the same petition application for one (1) year. Nothing in this section shall be construed to limit City Council's ability to reconsider a-petition an application under Rule 10 of Section 2-15. Rules of procedure, of this Code. (d) Planning Commission action * * * (3) Within sixty (60) calendar days from the date that any proposed amendment is referred to it (unless a longer period shall have been established by mutual agreement between the petitione!' applicant and the Planning Commission in the particular case), the Planning Commission shall submit its report and recommendation to the City Council. The recommendation of the Planning Commission shall be advisory only and shall not be binding on City Council. If the Planning Commission does not submit its report within the presc'ribed time, the City Council may proceed to act on the amendment, without further awaiting the recommendation of the Planning Commission. * * * (f) No/ice of hearing. Prior to conducting any public hearing required by this Chapter before the City Council or the Planning Commission. notice shall be given as required by Section 15.2-2204 of the Code of Virginia (1950). as amended. The expense of advertising shall be borne by the applicant. Any affidavits required by Section 15.2- 2204, Code of Virginia (1950), as arnended. shall be filed with the City Clerk. In addition, at least ten (10) business days prior to the public hearing before the Planning Commission, the Zoning Adrninistrator shall erect a sign indicating the zoning district requested, identification of the subject property, and the time, date, and place of such public hearing as set forth in the schedule below: I Sc~p~- of R~;oning Petition AppÚcation!-Sign Pos¡¡~g Requ¡r~ments "" ] , Petition Ãpp/icatioñ-to rezone 1-25 iäx---I rsign pè; streeïfrontage of --- ~ I parcels. or portion thereof " contiguous subject tax parcels J r---- -"." "..----..--.._.__..___ _ ____ ; Petition Application to rezone 26-100 tax 11 sign per intersection constituting "I arcels or portion thereof " the penrneter of the area proposed p . : to be rezoned '-Comprehensive rezoning (over 100 ---- IN' t· - . -d------- I roperties 0 sign pos Ing require __~_0__ ________________ )' -~ 10-12-06 (g) Amendment after hearing: City Council action. After the City Council has held a public hearing, it may make appropriate changes or corrections in the proposed amendment and proceed to act without holding a hearing on the proposed amendment in its new form. The City Council shall decide whether to approve or to deny a--petition an application to amend the provisions of this Chapter or the Official Zoning Map. Section 36.2-541. Conditional rezoninqs. (a) Purpose. The purpose of this section is to implement conditional rezoning authority pursuant to Section 15.2-2296 of the Code of Virginia (1950), as amended, in order to provide for the orderly development of land in a manner that provides for a more flexible and adaptable zoning method to permit differing land uses and at the same time to recognize effects of change. It is the purpose of conditional rezoning to provide a flexible and adaptable zoning method to cope with situations whereby a zoning classification may be allowed subject to certain conditions proffered by the petitioner applicant for the protection of the community that are not generally applicable to land similarly zoned. (b) Applicability. Conditional rezonings may be granted pursuant to the provisions of Sections 15.2-2296 through 15.2-2302. Code of Virginia (1950). as amended. A conditional rezoning may be initiated only by petition application of the owner, contract purchaser with the owner's written consent, or the owner's agent of the property which is the subject of the proposed zoning map amendment. The owner must sign such petition application if conditions are proffered. (c) Procedures. The procedures for the filing and approval of a conditional rezoning shall be the same as the procedures to amend the Official Zoning Map as set forth in Section 36.2-540. subsections (c) through (f), except as otherwise provided in this section. The acceptance of proffers or other conditions, enforcement. recordation. amendments. and variations of conditions. shall be as set forth in the provisions of Sections 15.2-2296 through 15.2-2303. Code of Virginia (1950). as amended. Procedures specifically applicable to a request for a conditional rezoning shall be as follows: (1) The owners of property for which a--petitHm an application is being made for an amendment to the Official Zoning Map may, as part of the petitiGR application, voluntarily proffer, in writing, reasonable conditions which shall be in addition to the regulations of the zoning district classification requested by the petition application. Any conditions proffered by petitieA application of a property owner shall be drafted in such a way that they are clearly understood and enforceable and shall adhere to the following standards: (A) The rezoning itself must give rise for the need for the conditions; (B) The conditions sha~1 have a reasonable relation to the rezoning; (C) The conditions shall not include a cash contribution to the City; (0) The conditions shall not include mandatory dedication of real or personal property for open space. parks, schools, fire 24 10-12-0ô departments, or other public facilities not otherwise provided for in Section 15.2-2241, Code of Virginia (1950), as amended; (E) The conditions shall not include a requirement that the petitiefleF applicant create a property owners' association under Chapter 26 (Section 55-508 et seq.) of Title 55, Code of Virginia (1950). as amended; (F) The conditions shall not include payment for or construction of off- site improvements except those provided for in Section 15.2-2241, Code of Virginia (1950). as amended; (G) No condition shall be proffered that is not related to the physical development or physical operation of the property; and (H) All such conditions shall be in conformity with the City"s Comprehensive Plan. (2) Such conditions may be proffered prior to the public hearing before the Planning Commission. Alternatively. or in addition, in consideration of comments expressed during the Commission deliberations on a-petitieFt an application, the property owner may. prior to the final public hearing conducted by the City Council. choose to proffer original conditions or revised conditions. The City Council may also accept amended proffers once the public hearing has begun if the amended proffers do not materially affect the overall proposal. * * * (e) Scope of approval. * * * (3) Conditions once proffered and accepted by the City Council shall immediately become effective with approval of the petit-iGfl application to amend the Official Zoning Map. Upon approval. any development plan, subdivision plat. or development plan submitted for the development of the property in question shall be in conformance with all proffered conditions, and no development shall be approved by any City official in the absence of such conformance. * * * (h) Amendment of conditions. Amendment of conditions created pursuant to this section shall be made only as an original petitisfl application for amendment to the zoning ordinance. pursuant to the procedures set forth in this Division including public notice and hearing. 25 10-12-06 11. Section 36.2-553. Comprehensive development plans. of Division 5, Development Plans, of Article 5, Procedures, of Chapter 36.2, Zoninq, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: Section 36.2-553. Comprehensive development plans. * * * (c) Oecision. (1) The Agent to the Planning Commission shall approve or disapprove all comprehensive development plans. except as set out in Section 36.2- 553(c)(2). * * * (8) Within fifteen (15) twelve (12) business days after the initial submittal or resubmittal of a comprehensive development plan, and-witl1iR seven-(7) bllsincss-days-aftcr a resllbmittal, the Agent shall notify the applicant or his representative, in writing. that: (I) The information on the development plan is incomplete, in error. or lacking in detail. and delineate the additional information required or necessary revisions; or (ii) The development plan is sufficient in required information and accuracy and has been reviewed and approved. * * * 12. Section 36.2-561. Variances, and Section 36.2-563. Appeals from board of zoninq appeals, of Division 6, Special Exceptions. Variances. and Appeals, of Article 5. Procedures, of Chapter 36.2. Zoninq of the Code of the City of Roanoke (1979), as amended, are hereby amended and reordained to read and provide as follows: Section 36.2-561. Variances. * * * (d) Findings a/the Board. Upon the evidence heard by the Board of Zoning Appeals. the Board shall authorize a variance only if it makes all five (5) of the following findings: (1) That the strict application of this Chapter would produce undue hardship relating to the property; ~6 10-1.2-06 (2) That such hardship is not shared generally by other properties in the same zoning district and the same vicinity: (3) That the authorization of such variance will not be of substantial detriment to adjacent properly and that the character of the district will not be changed by the granting of the variance; (4) That the condition or situation of the properly concerned or the intended use of the property is not of so general or recurring a nature as to make reasonably practicable the formulation of a general regulation to be adopted as an amendment to this chapter; and (5) That the variance is no greater than the minimum variation necessary to relieve the unnecessary hardship demonstrated by the applicant. * * * (e) Conditions and guarantees. In authorizing a variance. the Board may impose such conditions regarding the location, character, and other features of the proposed structure or use as it may deem necessary in the public interest, and may require a guarantee to ensure compliance with the conditions imposed. Notwithstanding any other provision of law, the property upon which a property owner has been granted a variance shall be treated as conforming for all purposes under state law and local ordinance; however, the use or the structure permitted by the variance may not be expanded. Section 36.2-563. Appeals from board of zoninq appeals. * * * (e) In the case of an appeal from the Board of Zoning Appeals to the Circuit Court of an order. requirement, decision, or determination of the Zoning Administrator or other administrative officer in the administration or enforcement of any ordinance or provision of state law, the åCGisisA findings and conclusions of the Board of Zoning Appeals on questions of fact shall be presumed to be correct. The appealing party may rebut that presumption by proving by a preponderance of the evidence. including the record before the Board of Zoning Appeals that the Board of Zoning Appeals erred in its decision. Any party may introduce evidence in the proceedings in the court. The court shall hear any arguments on questions of law de novo. * * * 13. Section 36.2-624, Liqhtinq plan, and Section 36.2-625, Outdoor Iiqhtinq standards, of Division 2, Outdoor Liqhtinq. of Article 6. Development Standards, of Chapter 36.2. Zoninq, of the Code of the City of Roanoke (1979). as amended, are hereby amended and reordained to read and provide as follows: 27 10-12-06 Section 36.2-624. Liqhtinq plan. The applicant for any basic or comprehensive development plan, or the applicant for a permit associated with the erection or installation of any light support structure exceeding eight (8) feet in height or any lighting fixture as set forth in Section 36.2-621(a)(4) and (a)(5), shall submit as part of the application evidence that the proposed work will comply with the outdoor lighting requirements of this Division. Such submission shall contain but shall not necessarily be limited to the following, all or part of which may be part or in addition to the information required by other applicable regulations of the City, upon application for the required permit. The plans, profiles, and descriptions as required in subsections (a), (b), (c), and (d), below, shall be sufficiently complete to enable the Zoning Administrator to readily determine wllether the proposed outdoor lighting complies with the requirements of this Division. If such plans, profiles, and descriptions cannot enable this ready determination, the applicant shall submit additional evidence of compliance. (a) Plans indicating l'he the location on the lot of all outdoor lighting fixtures. both proposed and any already existing on the lot; (b) The mounting heights of all proposed outdoor lighting fixtures, both pole- mounted and building-mounted, and the heights of any support structures; and (c) A description of all proposed lighting fixtures, which description shall include manufacturer's cut sheets, specifications, and illustrations which illustrate the :rhe-angle of cut-off of light emissions and a description of any shielding devices to mitigate light trespass and glare to abutting lots and public streets,,; and (d) A profile showing the angle at which the proposed outdoor lighting fixture will be mounted to the support structure. Section 36.2-625. Outdoor liqhtinq standards. (a) Generally * * * (4) Flood or spot lights shall be permitted only when mounted to buildings, subject to the mounting heights of Section 36.2-625(c)(2) and (c)(3), and shall be aimed no higher than forty-five (45) degrees above straight down (halfway between straight down and straight to the side) when the light source is visible from any abutting lot. * * * 14. Section 36.2-642, General landscapinq and screeninq standards, Section 36.2-646. Facade plantinq, and Section 36.2-648. Parkinq area landscapinq, of Division 4. Landscapinq and 28 10-12-06 Screeninq, of Article 6, Development Standards. of Chapter 36.2, Zoninq, of the Code of the City of Roanoke (1979), as amended, are hereby amended and reordained to read and provide as follows: Section 36,2-642. Generallandscapinq and screeninq standards, * * * Table 642-1. Trees: Approved Plant List, Minimum Size at Planting, 20-Year Canopy. and Suitability * * * : Comnion Name Botanical I Name , I iCãnopy at 20 ! Suitability' _~(~q·:l. l ; Minimum Height at Planting Minimum : Caliper at ~.n~ing * * * I. Larg~DeCiduo~S ~~es Affi,Gr-eeR I NaxiAUS I pennsylvaAi€a .1 '~-'-~M I P,C , I I --~_. .-----' I p,G , , ---~ , Ash, Whito ; F ra*iAus 1 omoriCéln3 ~ ðg() , , 1___ L * * * (f) MaintGnance. After approval by the Zoning Administrator that all landscaping required by this Chapter is complete and in healthy condition. the property owner shall be responsible for the ongoing protection and maintenance of all required landscaping in a manner that complies with the requirements of this Chapter and in conformance with the approved development plan. Where necessary to comply with the requirements of this Chapter and the approved development plan, dead or damaged landscaping materials shall be replaced by the property owner within six (6) months of notification by the City. * * * Section 36.2-646. Facade plantinq. Structures containing single-family, two-family, townhouse or rowhouse, or multifamily dwelling units shall be subject to the following landscaping requirements: 29 10-1~-n;) (a) A minimum of one (1) deciduous or evergreen shrub for each four (4) linear feet of building foundation that fronts on a public street, exclusive of any garage or carport entrances, shall be planted in the area between the right- of-way of the public street and the principal building. (b) For through lots with-multiple-street frontages, the regulations of this section shall apply only to the façade of the building that contains the principal entrance(s) to the structure. Section 36.2-648. Parkinq area landscapinq. * * * (b) Parking area iandscaping s/andards. Parking areas shall be subject to the following landscaping standards: * * * (5) Landscaping strips along the perimeters of all parking areas that front on a public street shall be provided at a minimum width of eight (8) feet and shall include the feIIowing¡ quantities and types of plantings as set forth in subsections (A) and (B), below. Trees shall be planted within eight (8) feet of a parking space or access aisle directly accessing a parking space in order to count toward meeting the requirements of subsection (A), below. (A) Small deciduous trees, as permitted in Table 642-1, spaced at a minimum rate of one (1) such tree for each thirty (30) feet of frontage, or portion thereof, exclusive of driveways. or large deciduous trees. as permitted in Table 642-1. spaced at a minimum rate of one (1) such tree for each forty (40) feet of frontage, or portion thereof, exclusive of driveways; and (8) Evergreen or deciduous shrubs spaced no farther apart than at a rate of three (3) feet on center. * * * 15. Section 36.2-652, Minimum off-street parkinq, and Section 36.2-654, Off-street rJarkinq area standards, of Division 5, Off-Street Parkinq and Loadinq, of Article 6, Development Standards, of Chapter 36.2, Zoninq. of the Code of the City of Roanoke (1979), as amended. are hereby amended and reordained to read and provide as follows: Section 36.2-652. Minimum off-street parkinq. * * * Table 652-2. Required Off-Street Parking Spaces 30 10·12-06 Rules of Intel pre tali on: In Column (B), "sf" means the' net floor area in square" ¡eet for ttlël principal structure, oruse if the use occupies only part of a structure.. unless othe/wise n~ted,!/~' ,the table. 'Employee means the number of employees on the largest stuit. In Column C, 'I 'I!)eans the!ll_a_x.imum ~~ting regulatjons set forth In Secti9.1J}§/S)653 shall not apply. (C) I Use Minimum Parking Spaces I Maximum ! Required . Parking Not ___1. .Applicable. * * * [ CommercialUses: Retail Sales and SeNice * * * Retail sales establishment - Large appliances. 11 er .1-,.50Q 1 000 sf of ~~tail- furlllture, household fixtures, sWimming pools. hP , , ,~"ot tubs, spa~ . s owroom area I- i :!: .1 * * ~I: Section 36.2-654. Off-street parkinq area standards. .=.- -J,- * (c) Pedestrian access. In the CG and CLS Districts. designated pedestrian access shall be provided between off-street parking areas and public entrances of a building or use which is required to provide fifty (50) or more parking spaces, as set forth in Table 652-2. Pedestrian access shall consist of sidewalks or other surfaced walkways of a minimum width of five (5) feet which are separated from vehicular traffic. (d) Location standards. Off-street parking areas, and fleet or motor vehicfe storage yards, shall be subject to the following location standards: (1) Except for lots containing single-family detached dwellings, and except as otherwise provided in Section 36.2-654(a)(5), off street parking areas shall meet the following requirements for minimum distances from property lines: (A) No off-street parking area shall be located closer than five (5) feet to any side or rear property line; and (8) No off-street parking area shall be located closer than eight (8) feet to any property line which abuts a public street. (2) Except for lots containing single-family detached dwellings, and existing lots of record in the CG District with less than one hundred (100) feet of frontage, no off-street parking spaces Shall be permitted between the 31 10-12-()() right-of-way of a public street and the principal buildings in the RM-1, RM- 2, RrvlF. CN, CG. MX. IN. or D District. In the case of corner lots or through lots, this regulation shall apply to only one (1) street frontage. (3) In the Neighborhood Design Overlay District (ND). off-street parking, if provided, shall be located to the rear or side of the principal building. * * * Table 654-2. Driveway Widths. Except for Lots Containing Single-Family Detached Dwellings'. * * * 2 In all any distriE:ts district that have-has a maximum widths width of thirty (30) feet for a 2-way driveways-driveway, the maximum width of a driveway with a center median shall be forty-five (45) feet, provided the center median is a minimum width of five (5) feet and is covered with grass or other vegetative groundcover. * * * 16. Section 36.2-661, Applicability. Section 36.2-662. Definitions. Section 36.2-667, Calculation of siqn area and number of on-premises siqns, Section 36.2-668, Types and number of on-premises siqns, and Section 36.2-673, Temporary on-premises siqns, of Division 6, Siqns. of Article 6, Development Standards. of Chapter 36.2, Zoninq. of the Code of the City of Roanoke (1979), as amended, are hereby amended and reordained to read and provide as follows: Section 36.2-661. Applicability. * * * (c) Exemptions. The provisions of this Division. including the requirements for a zoning permit. shall not apply to the following signs. provided that no such sign shall be placed within the public right-of-way GF-eß-J*IbIiG- properly-or any closer than two (2) feet from a street right-of-way or any closer than fiye (5) feet from any side or rear property line, and provided further that if such sign is to be placed on a corner lot, it shall be located outside of any sight distance triangle. Exempted signs shall not be included in the maximum permissible number of signs or maximum permissible sign area. Any exempted sign that is to be located in the Historic Downtown Overlay District (H-1) or the Historic Neighborhood Overlay District (H-2) shall be subject to the requirements of Section 36.2-530 if applicable. * * * (11) Political signs. proYided that such signs shall be removed within ten (10) calendar days after the election. 32 10-12-06 * * * Section 36.2-662. Definitions. * * * Refacing: The replacement of a sign face, regardless of change in copy. of equal size to the original, without altering the sign cabinet, sign frame. or sign support structure. The introduction of a different sign characteristic, such as illumination, electronic readerboard, or changeable copy, shall not be considered a ref acing. * * * Temporary sign: A sign or other advertising device affixed·- to a ÐlJilEtiRg,-building appendage, or existing-fFeestanding-sign struGtlJre erected or posted for a specified period of time as delineated in Section 36.2-673. Temporary signs are designed to be readily relocated and displayed for temporary purposes such as the identification or announcement of seasonal or brief activities, including special commercial sales, holiday events, auctions, grand openings, or a special event or activity. * * * Section 36.2-667. Calculation of siqn area and number of on-premises siqns. * * * (b) The following metho"d shall be utilized in the calculation of sign area for on- premises signs: * * * (3) For signs composed of individually attached letters. numerals, pictures, logos, symbols, or figures. the sign area shall be determined by computing the entire area within a single, continuous geometric form that encloses the limits of all lettering, numerals, figures, designs, symbols, fixtures, logos, emblems. insignias, or other drawings or images; afld (4) For signs enclosed by a frame or border or encased by a cabinet, the sign area shall be determined by computing the entire area within a continuous perimeter, enclosing the limits of writing, representation. emblem, or any figure or similar character, together with any cabinet, frame, or other material or color forming an integral part of the display or used to differentiate the sign from the background against which it is placed.; and (5) Any banners which are attached to light poles on a lot, and which bear advertising or commercial images, shall be included in the calculation of the total square footage of freestanding sign area and shall be subject to the maximum total square footage of freestanding sign area permitted based on the applicable lot frontage. In the case of a lot with more than one (1) lot frontage, the " _D 10-12-06 freestanding sign area allotment toward which the banners shall be counted shall be the lot frontage on which the Iigllt poles are located, or if not along a lot frontage, the more applicable lot frontage, based on distance and visibility, as determined by the Zoning Administrator. Section 36.2-668. Types and number of on-premise siqns. The types and number of on-premises signs by zoning district shaH be permitted as set fcirth in Table 668-1. Table 668-1. Types and Number of On-Premises Signs Permitted by Zoning Districts' * * * 6 Any electronic readerboard shaH be required to be an integral part of a static sign display and shall constitute no more than forty (40) percent of the total sign area of which it is a an ifltegral part, provided that no electronic readerboard in the CG District shaH exceed twenty-two (22) square feet in sign area. The permitted frequency of change of copy of any electronic readerboard, in any district in which such readerboard is permitted. shaH be no more frequent than once every six (6) seconds. Such frequency of change of copy shall not preclude scrolling on a message, but shall mean that the copy must remain static at least six (6) seconds before it changes to new copy. Section 36.2-673. Temporary on-premises siqns. (a) No temporary sign shaH be erected or posted until a zoning permit has been issued pursuant to Section 36.2-664. Zoning permits for temporary on-premises signs shall be limited to two (2) such permits per 365-day period per lot. * * * (d) Except as otherwise provided in this section, no temporary sign shaH be erected or placed for a period exceeding thirty (30) calendar days iR-aßy-365-day period. * * * (g) One (1) temporary freestanding or building-mounted residential subdivision identification sign not exceeding thirty-two (32) square feet in sign area may be erected during construction at an entrance to the subdivided property, provided such sign is not illuminated internaHy or by any external light source and not over two (2) such signs shaH be erected for anyone (1) subdivision. These signs shaH be removed upon the issuance of Certificates of Occupancy for seventy-five (75) percent of the lots in the subdivision. (h) Inflatable signs. laser light or image projection signs, or searchlight or beacon signs shaH be permitted as freestanding temporary signs, provided such signs meet the following requirements: 34 10·12-06 (1) Permits for such signs shall not be issued unless the applicant provides documentation from the Roanoke Regional Airport and medical heliCûpter patient transportation providers within the City limits of non-interference with established routes: . (2) Only one (1) such sign per lot shall be permitted at anyone time; (3) Permits for such signs shall be limited to two (2) times per year 365-day period per lot; (4) Any permit for a temporary inflatable sign shall be issued for a period not to exceed seven (7) days: (5) Inflatable signs shall be securely fastened to the ground or other immovable object and shall be located a minimum of eight (8) feet from the lot line; and (6) Any permit for a temporary laser light or image projection sign. or a searchlight or beacon sign, shall be issued for a period not to exceed three (3) days. (i) A temporary cover placed over an existing sign face because of change of ownership or the name of the business establishment shall be considered an on-premises temporary sign and shall be subject to the regulations of this section, except that such sign shall be permitted for a duration of sixty (60) calendar days. Such temporary cover shall not exceed the sign area of the existing permanent sign face it is covering and shall not increase the height of the existing sign face. Upon written application by the original applicant to the Zoning Administrator, prior to the expiration of the original zoning permit for the temporary sign, the Zoning Administrator may extend the time period for the zoning permit, up to thirty (30) calendar days, if in the opinion of the Zoning Administrator the applicant is diligently pursuing a permanent sign replacement or reface. Failure of a person to apply for such extension within the timeframe set forth in this subsection, and the continued display of the temporary sign beyond the duration of the original zoning permit, shall constitute a violation of this Chapter. (j) Except as otherwise provided in this section, temporary on-premises signs shall be attached to a building or building appendage. 17. Section 36.2-704, Nonconforminq structures, and Section 36.2-705, Nonconforminq uses, of Article 7, Nonconforminq Uses. Structures. and Lots, of Chapter 36.2, Zoninq, of the Code of the City of Roanoke (1979), as amended. are hereby amended and reordained to read and provide as follows: Section 36.2-704. Nonconforminq structures. * * * 35 10-12-06 (c) Any nonconforming structure which is damaged or destroyed by any fire oF-Gther Ratur-al-disaste¡:,-ex-Gept-for-flood, to an extent of fifty (50) percent or less of its replacement value at the time of the event, may be rebuilt as long as the structure is not enlarged or altered in any way which increases its nonconforming characteristic. Any nonconforming structure which is damaged or destroyed by any fire Gf-Gther flatlffill-dis3ster, eXGept for-fIOGd; to an extent that exceeds fifty (50) percent of its replacement value at the time of the event, may be rebuilt as long as it thereafter conforms to the regulations for the district in which it is located. For purposes of this section. replacement value shall be determined by the Building Commissioner utilizing the building code valuation table published by the International Conference of Building Officials (ICBO).-The--replaGement- of---nonconforming--struGtures damage<k>r destreyed by flGG£l-shall-bB-{ovemed by tl1e re§ulatioAs sct-fGFtI1 - in Section-36.2-333,-F1oodplain-Overlay-District, (d) Any nonconforming structure which is damaged or destroyed by any natural disaster or other act of God shall be repaired, rebuilt, or replaced to eliminate or reduce the nonconforming features to the extent possible, without the need to obtain a variance as provided in Section 36.2-561. If such structure cannot be repaired, rebuilt, or replaced except to restore it to its original nonconforming condition, the owner shall have the right to do so. The owner shall apply for a building permit and any work done to repair, rebuild, or replace such building shall be in compliance with the provisions of the Virginia Uniform Statewide Building Code, and any work done to repair, rebuild, or replace such building shall be in compliance with the provisions of Section 36.2-333, Floodplain Overlay District. Unless such structure is repaired or rebuilt within two (2) years of the date of the natural disaster or replaced within two (2) years of the date of the natural disaster or other act of God, such _ structure shall only be repaired, rebuilt, or replaced in accordance with the regulations for the zoning district in which it is located. However, if the nonconforming structure is in an area under a federal disaster declaration and the structure has been damaged or destroyed as a direct result of conditions that gave rise to the declaration, then the owner shall have an additional two (2) years for the structure to be repaired, rebuilt, or replaced as otherwise provided in this subsection. Section 36.2-705. Nonconforminq Uses. * * * (f) EXGept f-er damage--from-flood wl1iGI1 sl1all be-regulated by Seetion-36.2 JJJ, FloodplaiA Overlay-Distric-t, aAyAny nonconforming use may be resumed or restored after the structure in which the use is located is damaged or destroyed from fire --er-other--naturaI4isaster, to an extent of fifty (50) percent or less of the replacement value of improvements at the time of the event. provided that: (1) The replacement value of improvements shall be determined by the Building Commissioner utilizing the building code valuation table published by the International Conference of Building Officials (ICBO); (2) No such nonconforming use shall be increased beyond its extent prior to its damage or destruction; and 36 10-12-06 (3) The property owner shall take affirmative steps to restore and resume use of the property within two (2) years of the damage or destruction. (g) If the structure in which a nonconforming use is located is damaged or destroyed from fire -or other naturakiisaste~e¡:lt fer flood whiGh-circumstaRGe-Shall-be ~Section-36.2 JJJ, F-Ioodplain-Overtay-Ilistrict, to an extent that exceeds fifty (50) percent of the replacement value of improvements at the time of the event, the use shall conform to the district regulations of this Chapter. For purposes of this section, replacement value of improvements shall be determined by the Building Commissioner utilizing the building code valuation table published by the International Conference of -Build in !I OfflGials-iICBO). The Board of Zoning Appeals may grant a special exception. pursuant to the procedures set forth in Section 36.2-560, for the replacement or restoration of nonconforming uses damaged more than fifty percent (50%) by fire or-other natural-· disastef---subject to the following provisions: (1) The resumption or restoration will not increase the nonconforming use beyond its extent prior to its damage or destruction; and (2) The resumption or restoration will comply with all other requirements of [his Chapter. (h) Any nonconforming use may be resumed or restored after the structure in which the use is located is damaged or destroyed by a natural disaster or other act of God, without the need to obtain a variance as provided in Section 36.2-561. The owner shall apply for a building permit and any work done to repair, rebuild, or replace the structure in which such use is located shall be in compliance with the provisions of the Virginia Uniform Statewide Building Code, and any work done to repair, rebuild, or replace such use shall be in compliance with the provisions of Section 36.2- 333, Floodplain Overlay District. Unless such use is resumed or restored within two (2) years of the date of the natural disaster or replaced within two (2) years of the date of the natural disaster or other act of God, such use shall only be restored or resumed in accordance with the regulations for the zoning district in which it is located. However, if the nonconforming use is in an area under a federal disaster declaration and the use has been damaged or destroyed as a direct result of conditions that gave rise to the declaration, then the owner shall have an additional two (2) years for the use to be restored or resumed as otherwise provided in this subsection. 18. Section 36.2-813. MeetinQs. and Section 36.2-817, Powers and duties, of Division 1, Citv PlanninQ Commission, of Article 8. Administrative Commissions. Boards. and Officials, of Chapter 36.2. ZoninQ. of the Code of the City of Roanoke (1979), as amended, are hereby amended and reordained to read and provide as follows: Section 36.2-813. MeetinQs. 37 10·12~06 The Commission shall hold at least one (1) regular meeting each month, provided it need not meet if there are no petitiefl-s applications or plans pending for review. Special meetings and public hearings, as deemed necessary, may be called by the Chair. Section 36.2-817. Powers and duties. * * * (b) Comprehensive Plan. * * * (4) Whenever the Commission recommends a Comprehensive Plan, or part thereof. and such plan has been approved and adopted by the City Council, it shall control the general or approximate location. character, and extent of each feature, including any road improvement and any transportation improvement, shown on the plan according to Section 15.2-2232, Code of Virginia (1950). as amended. * * * 19. Appendix A, Definitions, of Chapter 36.2. Zonina, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: * * * Applicant: The party applying for approval of a zoning permit, sign permit, Certificate of Occupancy, Certificate of Appropriateness, or development plan, requesting the approval of a rezoning, conditional rezoning, special exception, or variance, or appealing a decision of the Zoning Administrator. as required by this Chapter. Application: The completed form(s) and all accompanying documents, exhibits. and fees required of an applicant for review, approval, or permitting purposes for a zoning permit, sign permit, Certificate of Occupancy. Certificate of Appropriateness, development plan. rezoning, conditional rezoning, special exception. variance, or an appeal of a decision of the Zoning Administrator. * * * Building line: The line, parallel to the street right-of-way. that passes through the point of the principal building nearest that street right-of-way. Such point shall be thirty (30) inches or greater above the graded ground level and shall exclude any permitted front yard encroachments. * * * 38 10-12-05 Floor area, gross: The sum of the horizontal areas (floors) of the several stories of a building or buildings, measured from the exterior surfaces of the exterior walls. or in the case of a common wall separating two (2) buiidings, from the centerline of such common wall. Gross floor area shall include the total floor area of all buildings situated on a lot. Gross floor area shall include exterior balconies, mezzanines. and porches, and attached carports. Gross floor area shall not include interior parking and loading spaces or air spaces above atriums. * * * Kennel: The keeping, raising, breeding. training, showing, renting, selling. or boarding of dogs or cats. Such activity shall not be considered a kennel where accessory to a principal residential use, provided that not more than four (4) dogs or four (4) cats, or six (6) cats if such six (6) cats have been spayed or neutered, exceeding six (6) months of age are kept. * * * Petition: The completed form(s). with all documents, exhibits. and fees required of a petitioner for review-and--appro\'al of a rezoning,-conditional-rezoniR!I, or an appeal to the City Councilor Circuit Court as provided for in this Chapter. Petitioner. The party petit~oRiR!I for approval of a reroning;-GomlitioRal reroning,<lF filing a petition of appeal to the City Councilor Circuit Court as provided for in this Chapter. * * * Yard, established front: A yard provided between a front lot line and a building line. * * * 20. Section B-1, Basic Development Plan, of Appendix B, Submittal Requirements, of Chapter 36.2. Zoninq, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: Section B-1. Basic Development Plan * * * (b) A basic development plan submitted for approval shall include a completed application fonn, accompanied by payment of the required fees, and three (3) copies of a survey plot plan or a Basic site plan drawing outlining the following information: * * * (7) Setback measurements for all existing or proposed structures on the lot from all adjoining property lines; delineation of the shallowest established front yard on adjoining lot if minimum or maximum front yard is subject to Section 36.2-205(f)(2)(A)and (B). 39 10-12-06 (8) Number. location. and dimensions of all on-site parking spaces, entrances to the site. driveways, or other paved areas; labeling of driveway surface; delineation of on-street parking spacers) if permitted on-street parking along lot frontage is being utilized to meet minimum parking requirement, per Section 36.2-652(d). ~~ * * (12) hocation,--rnountiRg heights,aRd··aiming-a.s-amt-s!lie~ devises, if applis<lble, of <IRY oOutdoor lighting plan as required regulated by Division 2. Article 6, of this Chapter. * * * (14) Statement that all utilities will be located underground or statement of exception per Section 36.2-610. (1415) Other information as may be required by the Zoning Administrator to determine compliance with this Chapter. 21. Section B-2. Comprehensive Development Plan, of Appendix B, Submittal Requirements, of Chapter 36.2, Zoninq. of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: Section B-2. Comprehensive Development Plan * * * (c) Ten (10) copies of the comprehensive development plan shall be submitted for review, accompanied by payment of the required fees. Any re-submittal necessitated by information found during review to be incomplete, in error, or lacking in detail. pursuant to Section 36.2-553. shall require the submission of siJfi6) seven (7) full size copies-aflli-ene(1}-half size sOfly-of the- somfJreheRsive development-plan. The Zoning Administrator may provide for submittal of a comprehensive development plan in an electronic format. - (d) A comprehensive development plan shall include. at a minimum, the following: * * * (3) Proposed use of the property and buildings: (A) Total square footage (gross floor area) of all existing and proposed buildings occupying or proposed to occupy the premises; (B) Existing and proposed use of the total square footage of all buildings on the property, including the square footage 40 10-12-06 existing or proposed for various and separate uses within all buildings on the property; (C) Height of all structures; (D) Finished floor elevation for all buildings; and (E) Dimensional layout of all buildings and structures existing or proposed to be constructed. erected, or placed on the property. including the delineation of minimum, and maximum if applicable, yard depths for front. side. and rear yards, as required by the applicable zoning district regulations.; (F) Impervious surface ratio calculations; and (G) Floor area ratio calculations, if applicable. * * * 22. Section C-1, Off-Site Parkinq Aqreement, of Appendix C, Aqreements, of Chapter 36.2, Zoninq, of the Code of the City of Roanoke (1979), as amended. is hereby amended and reordained to read and provide as follows: Section C-1. Off-Site Parkinq Aqreement Following is the Off-Site Parking Agreement as required by Section 36.2-652(g)(4) of tile Code of tile City of Roanoke (1979), as amended. 41 10-1:¿-oe CITY OF ROANOKE OFF-SITE PARKING AGREEMENT THIS AGREEMENT made and entered into this _ day of , 20 , by and between , hereinafter referred to as the 'Owner of the Primary Parcel(s),' and , hereinafter referred to as the "Owner of the Secondary Parcel(s)," and the City of Roanoke, Virginia: WITNESSETH: WHEREAS, the Owner of the Primary Parcel(s) certifies that he/she/it is/are the record owner(s) of property identified as Official Tax Parcel(s) No. on the records of the Commissioner of the Revenue of the City of Roanoke, and being the same property acquired by the Owner of the Primary Parcel(s) by instrument recorded in the Clerk's Office of the Circuit Court of the City of Roanoke in DeedNVill Book , page , which property is hereinafter referred to as the "Primary Parcel(s)"; and WHEREAS, the Owner of the Secondary Parcel(s) certifies that he/she/it is/are the record owner(s) of property identified as Official Tax Parcel(s) No. on the records of the Commissioner of the Revenue of the City of Roanoke, and being the same property acquired by the Owner of the Secondary Parcel(s) by instrument recorded in the Clerk's Office of the Circuit Court of the City of Roanoke in DeedNVill Book _' page _, which property is hereinafter referred to as the "Secondary Parcel(s)." NOW, THEREFORE. for and in consideration of the approval of the City of a development plan for the Primary Parcel(s), and the mutual covenants herein, it is agreed by the parties that: Pursuant to the terms of Section 36.2-652, Minimum off-street parkinq. Chapter 36.2, Zonino, of the Code of the City of Roanoke (1979), as amended, off-street parking space requirements for the proposed use of the Primary Parcel(s), are being satisfied through provision of all or a portion of such required parking spaces, numbering . on the Secondary Parcel(s), The permanent availability of such parking spaces and associated pedestrian access routes for use on the Secondary Parcel in conjunction with the uses conducted on the Primary Parcel(s) has been established by execution of an appropriate legal instrument, recorded in the Clerk's Office of the Circuit Court of the City of Roanoke in Deed Book _, page_. By the signature(s) on this statement, the Owner(s) of the Primary Parcel(s). do hereby acknowledge and agree that should the parking spaces on the Secondary Parcel become unavailable for use at some time as a result of a breach in the recorded instrument, or for any other reason, that an equal number of parking spaces shall be constructed and provided either on the Primary Parcel(s) or through another off-site arrangement. Failure to provide or construct such replacement parking spaces within ninety (90) days, weather permitting, shall be deemed a violation of the City's Zoning Ordinance and shall be punishable in accordance with the penalties provided therein. -12 10·12·QÔ The responsibility of conlplying with these parking requirements shall run with title to the Primary Parcells) and the Secondary Parcells), and shall not be affected by transfer by lease or of ownership. as long as the use of the Primary Parcells) necessitates provision of off-site parking spaces to satisfy the applicable parking standards specified by the Zoning Ordinance. A recorded statement executed by the Owner(s) of the Primary Parcel, indicating that all or a portion of such parking spaces are no longer required, shall be conclusive as to any release from the requirements of this Agreement by the City. WITNESS the following signatures and seals: OWNER OF PRIMARY PARCEL(S) By: Title: (if signing for a corporation or a partnership) OWNER OF SECONDARY PARCEL(S) By: Title: (if signing for a corporation or a partnership) CITY OF ROANOKE By: (title) Approved as to form: City Attorney COMMONWEALTH OF VIRGINIA City of Roanoke. to-wit: I, , a Notary Public for the Commonwealth of Virginia at large, do hereby certify that , whose name as the Owner of the Primary Parcel(s) is signed to the foregoing agreement bearing the date of the. day of ,20_. has acknowledged the same before me in the jurisdiction aforesaid. Given under my hand the _ day of .20._. Notary Public My commission expires: 43 10-~2-0ô COMMONWEALTH OF VIRGINIA City of Roanoke. to-wit: I, , a Notary Public for the Commonwealth of Virginia at large. do hereby certify that , whose name as the Owner of the Secondary Parcel(s) is signed to the foregoing agreement bearing the date of the day of . 20_, has acknowledged the same before me in the jurisdiction aforesaid. Given under my hand the _ day of ,20_. Notary Public My commission expires: COMMONWEAL TH OF VIRGINIA City of Roanoke, to-wit: I, , a Notary Public for the Commonwealth of Virginia at large, do hereby certify that , whose name as the City of Roanoke is signed to the foregoing agreement bearing the date of the day of 20-, has acknowledged the same before me in the jurisdiction aforesaid. Given under my hand the _ day of , 20_. Notary Public My commission expires: 23. Pursuant to §12 of the Roanoke City Charter, the second reading by title of this ordinance is hereby dispensed with. ATTEST:. ~~~<J J'r'r). 'rYprv Acting City Clerk. 44 10-12-06 · .. ....,. .,~~~.f~l:i.i~\"l!ì.{~~::'.;' . 1~.""J'.f'I" .'<.\ /r. ,.._",;.-1": ~.J;.. 1...: -\ (¡~.~~:,) ...........~ ~I ··<~~~·0~~~~~·~~~~·· ' .\Il'hih'f1unll Hl'\it·.... nnard Hn:lrd "''/.,,nill.!'\plt::II~ ',lllllill:,:f"UlIIlllb"'¡'1Il CITY OF ROANOKE PLANNING BUILDING AND DEVELOPMENT 21S Church An'mle. S.\\'.. Room [(,(, Roanoke. Yirginia 24011 Telephone: 1,4018,3-17.\0 Fax: (,40,8'.\-1230 E-mail: 1)lanning<'~'!(·i.nmnokr.\"a.lIs November 20.2006 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: An ordinance amending and reordaining Sections 36.2-108, Vested riqhts, 36.2-205, Dimensional requlations, 36.2-314, Commercial Districts (CN, CG. CLSl, 36.2-326, Mixed use Planned Unit Development District (MXPUDl, 36.2-327, Institutional Planned Unit Development District (INPUDl, 36.2-328. Industrial Planned Unit Development District (IPUDl. 36.2-332, Neiqhborhood Desiqn Overlav District (NDl, 36.2-333, Floodplain Overlav District (Fl, 36.2-336. Comprehensive Siqn Overlav District, 36.2- 340, Use matrix, 36.2-403, Accessorv uses and structures, 36.2-409. Drive- throuqh facilities, 36.2-413. Home occupations, 36.2-425. Parkinq or storaqe of recreational vehicles, motor homes, boats. campers, or trailers, 36.2-429, Temporarv uses, 36.2-431, Townhouses and rowhouses. 36.2- 432, Wireless telecommunications facilities and broadcastinq towers. 36.2- 510. General procedural requirements. 36.2-530. Certificates of appro- priateness, 36.2-540, Zoninq amendments. 36.2-541. Conditional rezoninqs, 36.2-553, Comprehensive development plans. 36.2-561, Variances. 36.2-563. Appeals from board of zoninq appeals. 36.2-624. Liqhtinq plan. 36.2-625, Outdoor liqhtinq standards, 36.2-642, General landscapinq and screeninq standards. 36.2-646. Facade plantinq, 36.2- 648, Parkinq area landscapinq, 36.2-652, Minimum off-street parkinq. 36.2- 654, Off-street parkinq area standards. 36.2-661, Applicabilitv. 36.2-662, Definitions. 36.2-663, Prohibited siqns, 36.2-667, Calculation of siqn area and number of on-premises siqns. 36.2-673. Temporarv on-premises siqns, 36.2-704. Nonconforminq structures, 36.2-705. Nonconforminq uses, 36.2- 813. Meetinqs, 36.2-817, Powers and duties, Appendix A, Definitions, B-1, Basic Development Plan, B-2, Comprehensive Development Plan, and C-1. Off-Site Parkinq Aqreement. in Chapter 36.2, Zoninq, of the Code of the City of Roanoke (1979). as amended. PlanninQ Commission Action: Planning Commission public hearing was held on Friday, October 20. 2006. There were no comments from the public concerning the amendments. Bya vote of 6-0 (Mr. Williams absent). the Commission recommended approval of the proposed amendments. BackQround: On December 5. 2005, the City of Roanoke repealed Chapter 36.1, Zoninq, of the Code of the City of Roanoke (1979), as amended, and adopted a new Chapter 36.2, Zoninq, which is consistent with. and helps implement, the City's comprehensive plan, Vision 2001-2020. At the time of adoption, staff committed to monitor the application of the newly adopted zoning regulations, and upon evaluation. present amendments which clarify adopted regulations or refine regulatory çoncepts based on their practical application over the first nine months. Considerations: Since its adoption on December 5, 2005, the regulations of Chapter 36.2, Zoninq, of the Code of the City of Roanoke (1979), as amended, have been applied to site development. changes of use of property, construction and erection of principal and accessory structures. and the erection of signs and outdoor lighting. Staff has closely monitored these practical applications of the newly adopted zoning ordinance and has identified areas of the ordinance which require clarification. refinement, or a change in regulatory concept. Dimensional Standards: The proposed amendments include the following revisions regarding dimensional standards: · "Infill Rule": The proposed amendments apply the required front yard depth of the applicable zoning district where there are no buildings on adjoining lots. Furthermore, the amendments include provisions for circumstances where the adjoining lot's established building line is greater than the maximum front yard depth of the district or less than the minimum front yard depth of the district. · Side and rear yards in the CLS District: The proposed amendments include the elimination of a 25-foot required side and rear yards in the CLS. Commercial- Large Site District. except where abutting a residential district. · Foundation heights in the ND Overlay District: The amendments revise the foundation height standard of the Neighborhood Design Overlay District. changing from an "alignment" standard (a visual element) to a quantitative percentage range. ) District Reaulations (other than dimensional): The proposed amendments include provisions for "repetitive loss" during a 10-year period and "cumulative cost" during a 5-year period for properties located in the F. Floodplain Overlay District. Use Matrix: The proposed amendments to the Use Matrix will allow certain uses to be permitted either as of right or by special exception as outlined below: · Group care facility, Congregate home. Elderly, subject to Sec. 36.2-412, will be allowed by special exception in the RM-2, Residential Mixed Density District. · Manufactured or mobile home sales will be permitted as of right in the CG, Commercial-General District. · Personal service establishment, not otherwise listed in the table. will be permitted as of right (rather than by special exception) in the MX. Mixed Use District. · Recreation, outdoor will be permitted as of right in the INPUD, Institutional Planned Unit Development District. · Parking lot facility will be permitted as of right in the CG, Commercial-General D i stri ct. Supplemental Reaulations: The proposed amendments include revisions to the supplemental regulations specific to the following categories of land uses and structures which have unique development challenges: · Accessory uses and structures: Delete refuse dumpster enclosures from the exception for corner lots and through lots. in order to require their compliance on any lot with the provision that accessory structures shall be located no closer to any public street than the principal building. · Home occupations: Delete contractor's or subcontractor's offices from the list of prohibited home occupations, and specifically list certain types of contractor's or subcontractor's offices as prohibited home occupations, including furniture refinishing or upholstery, sign making, and special trade contractors who are engaged in metalworking or cabinetmaking. 3 · Parking or storage of recreational vehicles. motor homes, boats, campers, or trailers: Prohibits the parking or storing of such vehicles on the public right-of-way in a residential district or in a CN or MX District, except for motor homes, recreational vehicles, or travel trailers which be parked on the public right-of-way for up to seven (7) calendar days. · Temporary uses: Refine the regulations for portable storage containers to simplify the process by which applicants may obtain a zoning permit for permitted temporary portable storage containers as a temporary use for purposes of relocation or residential rehabilitation projects. · Wireless telecommunications facilities and broadcasting towers: Clarify the definition of what constitutes a stealth wireless telecommunications facility while addressing concerns related to height. Procedures: The proposed amendments include revisions to the following procedures: · Rezonings: The revision of various sections to refer to an "applicant/application" rather than a "petition/petitioner." in order to provide for an application process, rather than a petition process, for a request of a rezoning. · Comprehensive development plans: The amendment of review timeframes for initial submittals (15 business days) and re-submittals (7 business days) of comprehensive development plans in order to provide a consistent timeframe of 12 business days for both initial submissions and re-submittals. · Variances and appeals from the Board of Zoning Appeals: The amendment of these sections to reflect recent amendments to State Code as enacted by the 2006 General Assembly. Development Standards: The development standards of the zoning ordinance are intended to provide uniformity in the criteria for development approval, to implement Vision 2001-2020, to protect the public health and safety, and to protect property values and economic development. The proposed amendments include revisions to the following areas of development standards: · Outdoor lighting: The clarification of submission requirements for an outdoor lighting plan in order to ensure compliance with the standards to control light trespass. · Landscaping and screening: The deletion of ash trees from the approved plant list for trees due to disease susceptibility (at the advice of the Urban Forester), ..¡ clarification of the calculation method for required façade plantings for new residential dwellings. and clarification of the required location of trees to meet parking area tree canopy requirements. · Off-street parking and loading: An increase in the minimum off-street parking space requirement for "retail sales establishment-large appliances, furniture, household fixtures, swimming pools. hot tubs, spas" and the application of the maximum parking provisions to such use; establishment of a minimum width for required pedestrian access ways; and a minimum width and vegetative cover requirement for center medians for driveways. · Signs: The provision of a method of sign allocation to permit banners which are attached to light poles on a lot; clarification of the static display requirement for electronic reader boards; and provision for temporary covers over existing sign faces. Other Considerations: · Regulations regarding the restoration or resumption of nonconforming structures and nonconforming uses, which have been damaged or destroyed by a natural disaster, have been revised to reflect recent amendments to State Code. · Submittal requirements for basic or comprehensive development plans have been refined to better reflect elements which must be included for purposes of review for compliance. Effect of proposed amendments: The proposed amendments to the zoning ordinance will clarify certain regulatory tools in their practical application and will resolve certain unintended consequences. The proposed amendments will not have any retroactive application or any impact on existing, legally established structures and uses, which will be "grandfathered" as provided by law. The proposed amendments will only impact new development. redevelopment, alteration, or change of use of properties. Recommendation: The Commission found that the proposed amendments to the zoning ordinance are consistent with, and will further the intent of, Vision 2001-2020 and recommends approval of the proposed amendments to City Council. 5 Respectfully submitted. ~d 11· 'R0Z Richard A. Rife. Chairman City Planning Commission cc: Darlene L. Burcham, City Manager William M. Hackworth. City Attorney R. Brian Townsend, Acting Assistant City Manager 6 The Roanoke Times Roanoke, Vi~9inia Affidavit of Publication ~hc Roanoke Tlm~s .-+--------. MARY F. PAR::¡Œ CITY OF ROANOKE CLERK'S OPPICE 215 CHURCH AVE SW ROO 456 NOEL C, TAYLOR MUNICIPAL BLDG. ROANOKE VA 24011 REFERE~CE, 3~14330~ 9954412 NOTICEOFPUBLICHEARIN '-, State of Vi~ginia City of RO<l:loke Ad WG'> toO 1 () 0je -f-u ..f; + en pc. ¡Jet\. .Sf.) ð i+G cJ--.QJ LÙhóæ5hQ0" 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 pub10shed on said newspapers on the following dat.es: City/County of Roanoke, Commonwealth/State of V~W~' ia. SWOI'n and subscribed before me tl:is -1~- _day of November 2006. Witness my hand r¿;:/Ci:~_:9j___\L ..¿ _ rot ry Public My comm~ eXPHe~~2'PR1.._. :.' \,..!;I .PUBLISHiòD mI-,"¡::;:/05 11/12 '/1'\''"' ,,\. TOTAL COS'i', FILiòD ON, 3.767.40 11/12/06 ---------------------------+------------------------ Authorized ¿ I) flY £¡ /... .- Signature'_¡l~¡f-y--~-~~~ Billing Services S1 .._~ -- Repres~tative ." 7'=: o en q ......... ~....:, -c. --0 ;~ .E. ---.:1 ~'S'\. k~1a IC'( ,/ ~OTl(,E OF PUBI.IC HEARI~G The Council ortll(' llty of Roanoke \\'ill hold a puhlie hL'aring on ~\'!onday. !\o\'cmber 21), 2(11)6. at 7:(111 p,m.. or as soon thcrcatìcr as the matkr rnay hc hcard. inthc CL>uncil Chambcl'. rourth !loor. in the "il1d C. Taylor 1\1unicipal Building. 215 Church ,hCIllIC. S.W.. Roanoke'. Virginia. to eonsidcr thc t()liL)\\'ing: Rcqucst fì'om thc City or Roanoke Planning Commission ILl amcnd and reordain Section 3h,2. Zoning, or thc Code llrthc City or Roanokc. I Inl}. as antcndcd. as rollo\\'s: (I) rL'pIaL'L'ment or the \\'ords ',1clitIOn!s)", "PL'tIlIL>ner(s¡", Ilr "pL,titioning" \\'ith the \\'l,lI'Lb "application(s)". n~lpplicanl'(s¡'·. (lr"applying" in thc lelllLl\\ing subscctions: (b)(2) or ~_'(l.2-1118. Vcsted rights; (d) and (e) l>f ~3(i.2-32(), i'"lixed Lse Planned Unit De\'dopment District t VL\PU)): (e) of ~3(i.2-327.lnstitutional PlannL'd L:nit Dc\'dopmènt District II'JPLD): (d) and (e)or~3(i.2-328.lndustrial Planncd Unit Dc\eiL>pmL'nt District (IPU)): (c) and (d)( 1). (d)(2), (d)(3), and Id1(5) llr ~3(;,2-33(¡. Comprchcnsi\'c Sign O\L'I-Jay Distriel: !ç}(8) or ~3(l.2-·n2. Wircless tdccommunieationt~lcilitics and bl'lladeasting to\\,crs: (a)(2). (L')(2) and Id) or ~3ö.2-5(1, GeneT:" pn>eL'dural rL'quircmcnts: (a). (b). (e). (d). (I). and 19) 01' ~36.2-5-10. hllling amendmL'nts: (a). (b), (c).(L'}(3) and (h) or ~3Ó.2-5-11. CL>nditional rel,onings: and ~3{Í.2-813. Mectings, for thL' purpllse llf cllnlelllllity \\'ith the I,oning application proccss: (2) amL'ndment Llr subsL,ctiL>ns (e)(2) and II)! 2) or ~3(>.2-2(15. Dimcnsional rcgulations, to sct rorth thc cncroachments perlllitlL'd in rLLuircd yards. gClll.:rally. and lhL' rL'Luit\..'IllL'lllS IÜ!" 1"n..Hl1 yard lk..pths in thè R- 7. R-5 and R-3. Rcsi{lential Single-Family Districts. and thc RM-I and R?vI-2, Rcsidcntial Mixed Density Districts. ",here tllere is a building lln an adjoining lot and \\'here there is not a building on an adjoining lot: (3) alllcndmclH nf subscctinn (C) nf ~3(l.2-31-+, Cnnnncrcial Districts (C'J. CG. CLS), to set rorth thc rL'Lluircd "idth llr fl\\.' rcct le11'. ~lIld composition or. pedestrian path\\'ays rWIll thL' public ri~ht-L)f-\\'ay ill thc public cntrancc or a principal building: (-t) amcndment or Table 31-+-1, Dimensional \-Iatrix 1(1r Commercial Districts (Cl\. CG. CLS). of ~3(,.2-31-1. COlllmerL'ial Districts (("1\. CG. eLS l. to eliminate the rcquiremcnt or a minimum sille yard and rcar yard in the CLS. Cllmmcrcial Largc Site District. in certain eircumst~lIlcò: ,.:""]", Iii,'.,", ".l·'. ., I "1111: '~( I :":' I·:,> .': Z()~:. '" I h ~ ;1,)<: (5) am~nùm~nt orTable 327-1 of ~36.2-327. Instituti<ll1all'lanned Lnit DcvelLlpment District (lNPl.'[»). to CLlITc'c( c'ITLln~ous rdi:rences to the M\:PLD District in the II\PUD District rcgulations; (6) amc'ndnll'nt of suhscctions (cl( II(A) and (el( I )(D) of ~_~t)_2-332. 'kighborhood Design O\"t,rlay Distril'l ("D). hl claril\ the lùluir"d li-Llnt yard anù 111undation hcight r~quirem~nts or buildings in (hc' 01D. I\:eighborhood Design O\'Crlay District; (7) amcndmcnt clf snbscc·tiLlns (I"). (k)(2) and (kI(3) of ~3(;_2-333. Floodplain O\wlay District (Fl. to indudc a delinition ofrepetiti\-e loss fclr certain tlclLllls occurring within a 1 I) y~ar period and a re\-ised detìllitiLlll or suhstantial improvcmcnt for certain imprLlWll1cnts \\-ithin a 5 year period. and to prohibit modi lìcation. repair or improvemc'llt ofccrtain structure;; locakd in a ilood plain; (S) amendment of Table 3-10-] \l{~3(j_:>3-11J. Lsc malri.'\.lo allo\\ group carc facilitics. congregate homc's. eldcrly; 1l1~lIlu¡;lctured \lr mobile h"nlc saks; personal scn-icc' cstablishments; recrc'ati"n. outdoor ¡'Icilities: and parking lot racilitics. cithcr by spccial e.'\ccption or as a matter orright. in the RM-2. CG. 1\1X. II\I'UD. and CG Distril'ls. r~specti\ely: (9) aJl1endment of subsection (c)( 2) nf ~36_2--I{)3. Access"ry uses and structures. to address setback regulati(ll1S I,)r rerust:: durl1pster enclosures: (10) amendment \)f subsecti"n (d)((¡}(D) "r ~3b_2-41)<)_ Dri\e-throu1!h . '- fa('ilities. to eliminate the requirement 111r an emergency by pass irstacking lanes are curbcd; (II) amcndmcnt of stlbse('ti"n (c) of ~3(i_2--I13. ¡rome \Kcupatinns_ tll identiry fumiture refinishing or upholstcry. sign making. and spcátltradc l:Ontral'lors who arc cngagcd in mc'tal working or cabinet making as pn1hibitcd h(HlH.' or pl.·rsollal s\.'f\"kl.: lH..:cupali\Jlls. ~ll1d I..h.:kling L'l..lntr~",,:lur"s ur subl.:ontrach.lr"s oftil.:c ür storage Y¡lrd as pruhibikd hUlne PL'clIpalions: ( 12) amcndmc'nt of ~3(j_2--I25,l'arking or st(lragc \lfrc('rcational vebicles. motor Iwmes. boats. campers. or trailers_ to ('laril\ the application 01- regulations to re('reational vehicles. rnotor hom,',. boat>. campcrs.trailers and similar vehicles. and to prohibit parking of ('crlain or stich ,ehicles in a residential distril'l or in a C'I. Neighborhood COlllmercial District. or \I\:_ Mixcd Usc District. ror over seven davs: .- - (l:l) amcndmentllfsubsc('tions (d)(]). (d)(21. and (d)!.) I ()f'~_~6_2-42<). Temporary uses. to regulate signagc on and 10c~ltion or portable- stl\ragc' containers; (]4) amendment or subscl·tion (c)(7) or ~36_2--I31. Townhouses and I '.,: : \liì.:-':"Y : I.\T \ \ "1.1.1): ',n lit"!." '...~l )';1:-:( j ."'.~ I lll nlwhouses. to claritY the conditions for thc 10cationllfolT-strcd parking for townhouses; (15) ,unendment of suhsccticlns to)(3i and (ci l,f ~.1(i,~--B~. Wireless tcleeommunications "leilities and bn>adcasting tOIlWS. to claril-," the pl'l1nittcd hcight ofstcallh wirdl'ss tdcwnnnunication facilities; (16) amendment llfsuhsections (e)(2) and (l')(5) llf ~3(i,2-530. Certilieatcs llfappnlpriateness, to clarify the application dcadline lor applications to be heard oy the architcctural rc\'iew bllard and the scheduling llf an appcal of a dccision ofthc Architectural Rc\'iew Board to City Council; (J 7) amendmcnt of suoseetilln (c)(2) of ~3(Í,2-5-1I, Conditional re¿onings. to clarilY the circumstances ulllkr which City CC1uncilmay acccpt amended proffers; (18) amcndment of suoSc'ctilln(ci( I )(Il) clf ~3(,,2-553. ComprcbcnsiVe' developmcnt plans. to shorten the period within which the ..\gent to thl' Planning Commission must complete revicw of the initial submittal of a comprchensive dcvelopment plan and to lengthen the review pcrilld of a resubmittal ofa cllmprch<:nsi\'e dèvdopnlent plan; (19) am<:ndml'nt of sub sect inns (d)( I) :ll1d Ie) nf ~3(Í,2-5('¡. Variances. to clarify th<: <:ircumstanCt:s und<:r II hieh a variancc might bc ),;ranted and thl' conlormin),; status of a property for which a \'arianc<: has b<:,'n gralllcd; (20) am<:ndmL'nt of suhs<:etion (<:) of ~36,2-563, App<:als fn>m board of wning apPL'als. to c1ari fy that lindings and conclusions on questions of bct are presumed to be correct and that the circuit court shall hL'ar ar),;um<:nts or questions of law dc no\'o in an appeallì'om the board of zoning appeals; (21) am<:ndm<:nt of ~36,2-624, l.ighting plan, 10 clarify the requircments for subminalof an outd,,,)r lighting plan, (22) amendment of subsL'ction la)(-I) of ~3(i,2-(,25, üutdoclr li"htin" , . . standards. to clarifY tllat Hood or spotlights are pel1nitted only \\ hen Illoullled to buildings subject to œrtain mounting heights; (23) amendmcnt of Table (;42-1. Tr<:<:s: Appnlwd Plant List. \1inimum Size at Planting, 20- Year Canopy. and Suitability. of ~36.~-()-I2, Gcneral landscaping and screening standards. to delete green ash and \\'hik ash li'om th<: approved list of large deciduous trees; (24) amendment llfsubs<:etioll (fi or~36,2-(¡-I2, General landscaping and scre<:ning standards. 10 corr<:L'llh<: <:rr,lII<:(lUS "mission ofthc \\ord "plan:" (25) am<:ndm<:ntofsubsections ta) and (b) of ~36,2-(i46. Fapde planting. l. .\";"1"11"',1''''11.\1.\\" : :J"~~l)rh"l:~; :"._/(1'\;1:'1;.'" ~ [1111" to clarify the linear loot age of huilding foundation to whieh the I;¡cadc planting requirement applies. and to apply thl' façadc planting rcquiremenl 10 only one I~¡çadl' of a building that is located on a tlm,ugh lot~ (26) aml'ndmcnt of subsection (h)(:i) of ~36.2-6-1S. Parking area I3ndscaping. to clarity thc planting rcquirèments and 10cati<.1Il oflandscaping strips along thc perimeters of parking areas that Ii-ollt l'n a puhlic strcct: (27) amcndmcllt of Tahle <i:i2-2, Rcquired off-slrcet parking spaei:S, llf ~36.2-h:i2, Minimum ofl~strcet parking. to increasc thl' minimum parking space requirement Illr and apply thc maximum parking rèquircmcnt to rl'lail sales estahlishmenl-Iargc appliances. furniture. housèhold lixlUr,'s. swimming pools, hot tubs. spas; (28) amcndment "fsubseelions (e) and (d) of ~36,2-()54, OI1~Slrèd parking area standanls. to set forth the required width "f li\'c fœt for pedestrian walkways in ccrtain "ft~sl1ù'l parking areas in thc CG and CLS districts, and 10 c Jarify that the loeation standards tl)r ol1~slreC't parking arcas in all districts shall apply to tleet or motor \'ehiclc storagc yards: (29) amcndment of Table 654-2. Dri\'eway \\'idths, è.\Ccpt Il)l' k,ts containing single t;ullily ddaehcd d\\cllings. of ~3(),2-h5-1. OI1~strcct parking area standards, to sct forth a minimum width of lì\'e feet and a \'cgetati\'l' ground co\'er requircml'nt for center mcdians in which thc maximum width of a dri\'eway may hc Illl'ty-fi\'c feci; (31.1) amèndml'lll ofsubscctions (e) and (e)( II ) of~3h,2-()(¡J, Applicability, to c1arilY the permittcd local ion of exemptcd signs and the timclinc for remo\'al ofpolilica\ signs; (31) amcndmeI\1 of ~36,2-6(¡2. Definitions. to include re\'ised delinitil,ns ürrel~lCing and temporary signll} permit sOllle changl".·~ to a sign or sign rac~ and t() ddil1~ a t~ll1püri.1ry sign hJ include any ad\"l".,rtising erected or P()sh..'d under certain cirClllllSli.IIlC('S: (32) amendmcnt of subseetions (b)(3) and (h)(4) and adding subsection (b)() to ~3(j,2-(¡67. Calculation of sign area and numbcr of (lIl-premises signs, 10 include a requircment Illr the cakulation of sign area for banners attached to light poles \\'hich bl'ar commcrcial images; (33) amcndment of Table (¡tiS-I. TYVl'S and number "f,)n-premiscs signs pcrmittcd by zoning districls, of ~36,2-668. TY1'CS and number of on- premises signs, 10 clarify the requiremcnt that c1eetrllnie reader b(lards sl];lll bc pan or a statie sign display: (34) amcndmcnt ofsubsel'lions (a), (d). (g). and (h) and adding subsections (i) and (j) tll ~3(j.2-(¡73. Temporary on-prcmiscs signs. li)r thc purpose l,l' limiting the number of zoning permits per year and elarilYing thc duratinn of zoning pcrmils Il)r temporary signs. Ihe use oflc'mporary C,l\WS on C'.\isting l. :\";""]"1 Ii: ':¡ Y .11,\"1.\ ("I.I I) ï ,,( n II .::~ ·~-;'("I~.\ .'" ~ 1)( h sign 1[ICèS. and the requirement thattemplJrary siglls be allached l<l huildings or building appenlbges except ill cl'I'lain cirCUlllstances: (35) amendment or subsection (e) and adding suhseetion (d) 1(1 ~3(j.2-7()4. "Ioneonlonning structures. to set forth Ihl' requirenlents and limcline Ii)!" repairing. rd1llilding. or replacing a noneonlonning slructure which is damaged or destroyed by a natural disastec (36) amendment 01' subsections (I) alld (g) 10 ~36.2-705. "Ionconlonning nses. to set forth the requir~ments and timeline Cor resuming l'r r~storing a noneonll)nning use after th~ structure in which the us~ is localc'd is damaged or d~stl"l)ycd by a lire. and adding subseeti(l!! (III 10 ~36.2-7(5. !\oneontìxming uses. to set forth the requirements lor resuming llr restoring a noncollllmning usc or struclure an~r the structure in which the use is localed is dama);ed or destroyed by a natural disaster: (37) am~ndment of suhsection (b)(-I) l)f ~3(Í.2-817. PO\\"Crs alld duties. to include the location. character. and C.\tent of road imprl)\'em~nts and transportation illlprovem~nts as featurl's cl)ntrl)lkd by an adopted comprchensi\'e plan: (38) aml'ndnll'nt (11' d~linitions of ".'\ppliGII1t" and "Applic~ilion". ll> include a rderencc to rewnings and C(lnditional rezonings: "lluilding line". to dari I)' thl' Jl'marcati(Hl 01' such building I inl': "1:I<'l'r area. gl\l5S" to c1arit~· t1wtthe dctinition applies tll allached carpprts: "Kennd". tll l'xdude fn>l11the detinition up to six (6) spayed or neutered cats; and "Petition" ~lIId "Petitilmer" tll c1aril~' that such terms apply only 10 certain pl"l:>ceeclings: in Appendix A. Dctinitions. ofChapll'r 36.2 and adding a ddinition li'r "Yard, established Cront'". to dctine an area between a ÚlInt lot lin~ and a buildin); line: (39) amendnl~nt of subsections (b)( 7), (8). and (12). adding a subsection (b)(I-1). and relllllllhc'ring suhseelilHl (h)(141 tl' (bltI5) ,)1' ~B-I. Basic Devel<)pment Plan. PI' Appendix ß. Suhmillal Requirelllents, to c1ari I)' the suhmittal requireml'nts tìll' a basic de\'clopmCllt plan: (-10) amendmentl,l' subseelipn (c 1 PI' ~B-2. Comprehensive De\'c1opment Plan or Appendix 13. Submittal Requirements. to set lì)rth the number of comprehensive devdopment plans requirc'd fÓr submillal amltp pl"l.l\'ide li,r an electronic format submillal oplil'n: (41) amenclm~nt 01' subsection (dlt3) 01' ~B-2. Compreh"nsi\'" Devdopmelll Plan, 01' ,,'\ppl'ndix R. Submillal Requirements. bv adding subs~ctions (d )(3)( F) and (G). to require the inclusion ollmpen'ious surface ratio and floor area ratio calculatiolls in a comprehensive devl'il'pllll'nt plan: and l. ·':"lI*:':I:Y [1.\l.\¡"lllll't.<.lIII.1 ~ '\ /'.".1::'.; .".~ Ll')f' (-12) amèndm~ntl)r ~("-I. Oll·Site Parking Agreement. or App~ndix C. Agreements. ill order to pro\'id~ ¡IX a notarized signature or the Zoning Administrator. A copy orthe petition is available I'-'r review ill the Ollice orth~ ("itv Clerk, Roolll-t5(,. ì\oel C. Taylor 1\1unicipall3uilding. 215 Church Avellue, S.W.. I{oallllke. Virginia. All parti~s in interest and citilens may app~ar on the above date and be hèard on th~ matlL'r. Iryou arL' a perSOlll\'ilh a disability who needs accommodations I'.lr this h~aring. please contact the City Ckrk's Ollice. at 853-25-11, bcforL' noon on the: Thursday b~I,)I'~ thL' dak l)fthe hearing listed abo\·e. GIVEN umler my hand this 2nd day or November ,2()()(1. Stephani~ ;v!. 1\100n. C\'I(, Acting City Clerk. I· .\ I .' ,::ì-::ï : I \. ,\ I ILl>: ';l:::{ "I....; ~../( )~.;';( I (:..' I)_ ,(. hiSC~ 2/15/07 City Council .~, 1.,/,;,,~¡IJl"';~;\ !,>~ .~) \' ,-, , " , ' ' \." I ',~:.,/ CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C Tayll1r Municipal Building 215 Church Avcnuc. S,W,. Rl1l1m 364 Roanoke, Virginia 24011-1591 TciL·phulll'. (54il ~53-~J33 F.l.\: (5·u)) ~53- 1 ] 3$ City \V\.'b: \""\\'\\'.rLI,lIlokl..·\·.l.g~l\' February 1 S, 2007 Honorable C. Nelson Harris, Mayor RESPONSE REQUESTED 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: Off-Leash Area for Dogs As City Council will recall, Mr. Nathan Jones has been working with the staff of the Parks and Recreation Department in the hopes of developing an off-leash area for dogs within the City. As we analyzed data and considered all relevant information on this subject from various communities in Virginia and neighboring states, the staff has decided that the best way to determine if an "off leash" area is sustainable in Roanoke is to implement a trial project. Staff proposes to designate an approximately Y, acre parcel in the southwest corner of Fishburn Park as the location for an off-leash area. The general location is depicted on the attached map. The perimeter corners will be marked with highly visible 8' markers with applicable rules and procedures signage located in visible areas of the park. City staff will frequently monitor the area and inspect the site at various times. Further, staff will record questions, comments, etc. from citizens, for evaluation during a six month trial period ending August, 2007. If members of City Council have any questions, comments, or need additional information, please do not hesitate to contact myself or Steve Buschor, Director of Parks and Recreation. If we receive no objections from Council members, we plan on implementing this trial arrangement on March 1, 2007, and Honorable Mayor and Members of City Council February 15, 2007 Page 2 communicating with Mr. Jones and other interested parties our plan beginning next week. Respectfully submitted, ~ (, \ '- ~/ (>' J..~~--/' bâ:rlene L. BurEham ~ City Manager Attachment c: R. Brian Townsend, Acting Asst. City Manager for Community Dev. Steven C. Buschor, Director of Parks and Recreation