HomeMy WebLinkAboutCouncil Actions 12-17-07
,
~ '.
. \ '
DOWE
37973-121707
ROANOKE CITY COUNCIL
REGULAR SESSION
DECEMBER 17, 2007
2:00 P.M.
CITY COUNCIL CHAMBER
AGENDA
1. Call to Order--RolI Call. (Council Member Wishneff arrived late.)
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.
Council Member Wishneff arrived at this point (2:02 p.m.)
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,
December 20, 2007, at 7:00 p.m., and Saturday, December 22, 2007, at
4:00 p.m. Council meetings are offered with closed captioning for the hearing
impaired. c
1
ANNOUNCEMENTS:
THE PUBLIC IS ADVISED THAT MEMBERS OF COUNCIL RECEIVE THE CITY COUNCIL
AGENDA AND RELATED COMMUNICATIONS, REPORTS, ORDINANCES AND
RESOLUTIONS, ETC., ON THE THURSDAY PRIOR TO THE COUNCIL MEETING TO
PROVIDE SUFFICIENT TIME FOR REVIEW OF INFORMATION. CITIZENS WHO ARE
INTERESTED IN OBTAINING A COpy OF ANY ITEM LISTED ON THE AGENDA MAY
CONTACT THE CITY CLERK'S OFFICE, ROOM 456, NOEL C. TAYLOR MUNICIPAL
BUILDING, 215 CHURCH AVENUE, S. W., OR CALL 853-254l.
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.CLlCK ON
THE SERVICE ICON, CLICK 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.
NOTICE OF INTENT TO COMPLY WITH THE AMERICANS WITH DISABILITIES ACT.
SPECIAL ASSISTANCE IS AVAILABLE FOR DISABLED PERSONS ADDRESSING CITY
COUNCIL. EFFORTS WILL BE MADE TO PROVIDE ADAPTATIONS OR
ACCOMMODATIONS BASED ON INDIVIDUAL NEEDS OF QUALIFIED INDIVIDUALS
WITH DISABILITIES, PROVIDED THAT REASONABLE ADVANCE NOTIFICATION HAS
BEEN RECEIVED BY THE CITY CLERK'S OFFICE.
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 AT THE 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
2. PRESENTATIONS AND ACKNOWLEDGEMENTS:
A Proclamation declaring Thursday, December 20, 2007 as Christene A.
Montgomery Day.
Proclamation was presented to Christene A. Montgomery.
Recognition of James Downing for his outstanding service to the community.
A City of Roanoke Distinguished Service Medallion was presented to James
Downing.
3.
CONSENT AGENDA
(APPROVED 7-0)
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO
BE ROUTINE BY THE MEMBERS OF CITY COUNCIL AND WILL BE ENACTED BY
ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF
DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM THE CONSENT
AGENDA AND CONSIDERED SEPARATELY.
C-1 Minutes of the regular meetings of Council held on Monday, October 1,
2007, and Monday, October 18, 2007.
RECOMMENDED ACTION: Dispensed with the reading of the minutes
and approved as recorded.
C-2 A communication from Mayor C. Nelson Harris requesting that Council
convene in a Closed Meeting to discuss vacancies on certain authorities,
boards, commissions and committees appointed by Council, pursuant to
Section 2.2-3711 (A)(l), Code of Virginia (1950), as amended.
RECOMMENDED ACTION: Concurred in the request.
C-3 A communication from the City Manager requesting that Council
convene in a Closed Meeting to discuss disposition of publicly-owned
property, where discussion in open meeting would adversely affect the
bargaining position or negotiating strategy of the public body, pursuant to
Section 2.2-3711 (A)(3), Code of Virginia (1950), as amended.
RECOMMENDED ACTION: Concurred in the request.
3
REGULAR AGENDA
4. PUBLIC HEARINGS: NONE.
5. PETITIONS AND COMMUNICATIONS:
a. Request of Wayne G. Strickland, Executive Director, Roanoke Valley-
Alleghany Regional Commission, to discuss possible City projects to be
included in the Fiscal Year 2009 Regional Commission Work Program.
(Sponsored by the City Manager.)
No action taken.
6. REPORTS OF OFFICERS:
a. CITY MANAGER:
BRIEFINGS:
· Market Parking Garage 20 minutes
(Immediately held following the 2 :00 p.m. session of Council in
Room 451)
ITEMS RECOMMENDED FOR ACTION:
1. Acceptance of the Bulletproof Vest Partnership Grant
reimbursement of $15,029.00 from the Bureau of Justice
Programs; and appropriation of funds.
Adopted Resolution No.3 7973-121707 and Budget Ordinance
No. 37974-121707. (7-0)
2. Endorsement of the Carvins Cove Park Management Plan.
Adopted Resolution No. 37975-121707. (7-0)
Questions raised by Dr. M. Rupert Cutler were referred to the
City Manager and City Attorney for appropriate response.
3. Establishment of a policy for naming or renaming City buildings,
streets, parks, and other facilities.
Adopted Resolution No. 37976-121707. (7-0)
4
4. Appropriation of funds in connection with the traffic signal
reconstruction of Franklin Road and Wonju Street.
Adopted Budget Ordinance No. 37977-121707. (7-0)
5. Transfer of funds in connection with renovation of the Market
Building Mezzanine restrooms.
Adopted Budget Ordinance No.3 7978-121707. (7-0)
7. REPORTS OF COMMITTEES:
a. Request of the Roanoke City School Board to transfer and appropriate
funds to purchase and install an emergency generator at Patrick Henry
High School; and a report of the Director of Finance recommending
that Council concur in the request. Vivian Penn- Timity, Director of
Accounting, Spokesperson.
Adopted Budget Ordinance No.3 7979-121707. (7-0)
b. Request of the Roanoke City School Board to appropriate funds to
various school program accounts; and a report of the Director of
Finance recommending that Council concur in the request.
Vivian Penn- Timity, Director of Accounting, Spokesperson.
Adopted Budget Ordinance No. 37980-121707. (7-0)
8. UNFINISHED BUSINESS: NONE.
9. INTRODUCTION AND CONSIDERATION OF ORDINANCES
AND RESOLUTIONS: NONE.
10. MOTIONS AND MISCELLANEOUS BUSINESS: NONE.
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.
Helen E. Davis, 35 Patton Avenue, N. E.
Evelyn D. Bethel, 35 Patton Avenue, N. E.
5
12. CITY MANAGER COMMENTS:
The City Manager recognized E-911 on its recommendation for
accreditation. She also read a poem citing accomplishments of various City
departments throughout 2007.
At this point, Council Member Fitzpatrick left the meeting (3:05 p.m.)
THE COUNCIL MEETING WAS DECLARED IN RECESS AT 3:05 P.M., FOR A BRIEFING
ON THE MARKET GARAGE AND TWO CLOSED SESSIONS IN THE COUNCIL'S
CONFERENCE ROOM, ROOM 451.
CERTIFICATION OF CLOSED SESSION. (6-0, Council Member Fitzpatrick
was absent.)
Appointed John Blankenship and Mike Wright as members of the Towing Advisory
Board for terms ending October 31, 2010.
THE COUNCIL MEETING WAS DECLARED IN RECESS AT 4:35 P.M., TO BE
RECONVENED AT 7:00 P.M., IN THE CITY COUNCIL CHAMBER, ROOM 450, NOEL C.
TAYLOR MUNICIPAL BUILDING.
6
ROANOKE CITY COUNCIL
REGULAR SESSION
DECEMBER 17, 2007
7:00 P.M.
CITY COUNCIL CHAMBER
AGENDA
Call to Order--RolI Call.
The Invocation was delivered by Mayor C. Nelson Harris.
The Pledge of Allegiance to the Flag of the United States of America was
led by Mayor Harris.
Welcome. Mayor Harris.
NOTICE:
Meetings of Roanoke City Council are televised live on RVTV Channel 3.
Tonight's Council meeting will be replayed on Channel 3 on Thursday,
December 20, 2007, at 7:00 p.m., and Saturday, December 22, 2007, at
4:00 p.m. Council meetings are offered with closed captioning for the hearing
impaired.
7
'"
PRESENTATIONS AND ACKNOWLEDGEMENTS:
Overview by members of the Youth Commission and the Chairman of the
Youth Services Citizen Board of a presentation given at the Annual National
League of Cities Conference held on November 13 - 17, 2007, in New
Orleans, Louisiana.
A. PUBLIC HEARINGS:
1. Proposal of the City of Roanoke to convey City-owned property located
at 301 6th Street, S. W., to Bella Vita Holdings, LLC. Darlene L.
Burcham, Spokesperson.
Adopted Ordinance No. 37981-121707. (7-0)
2. Request of Roanoke Electric Steel that property located at 100 Westside
Boulevard, N. W., be rezoned from 1-2, Heavy Industrial District, to 1-1 ,
Light Industrial District, for the purpose of constructing a building for
general office use. Christopher H. Waller, LMW, PC, Spokesperson.
Adopted Ordinance No. 37982-121707. (7-0)
3. Request of the Art Museum of Western Virginia, a non-stock, not-for-
profit corporation, for tax exempt status of real properties located at
110 Salem Avenue, S. E., and 302 and 312 Campbell Avenue, S. E.; and
personal property located at One Market Square, S. E. Joseph W.
Altizer, II, Deputy Director of Operations, Art Museum of Western
Virginia, Spokesperson.
Adopted Ordinance No.3 7983-121707. (7-0)
4. Proposed amendment of Chapter 36.2, Zoning, Code of the City of
Roanoke (1979), as amended, for the purpose of updating and
clarifying the City's Zoning Ordinance. Christopher L. Chittum, Agent,
City Planning Commission, Spokesperson.
Adopted Ordinance No.3 7984-121707. (7-0)
5. Proposed amendment of Chapter 31.1, Subdivisions, Code of the City
of Roanoke (1979), as amended, for the purpose of updating and
clarifying the City's Subdivision Ordinance. Christopher L. Chittum,
Agent, City Planning Commission, Spokesperson.
Adopted Ordinance No. 37985-121707. (7-0)
8
6. Request of the City of Roanoke Planning Commission to rezone the
property located at 2048 Electric Road, S. W., from MX, Mixed Use
District, to CG, Commercial General District, and 2802 Brandon
Avenue, S. W., from RMF, Residential Multifamily District, to MX, Mixed
Use District, to place the subject properties in zoning districts which
are consistent with their current uses. Christopher L. Chittum, Agent,
City Planning Commission, Spokesperson.
Adopted Ordinance No. 37986-121707 and Ordinance No. 37987-
121707. (7-0)
7. Proposal of the City of Roanoke to grant to Hurt Park, LP, a permanent
storm water drainage and access easement and a temporary
construction easement from the proposed New Hurt Park subdivision
through Hurt Park Elementary School property. Darlene L. Burcham,
Spokesperson.
Adopted Ordinance No. 37988-121707. (7-0)
8. Proposal of the City of Roanoke to place restrictive covenants on City-
owned property located at 1909 Meadowbrook Road, N. W. Darlene L.
Burcham, Spokesperson.
Adopted Ordinance No.3 79897121707. (7-0)
B. OTHER BUSINESS:
1. (a) Petition for appeal of a decision of the Architectural Review Board filed
by the Roanoke Redevelopment and Housing Authority, with regard to a
Certificate of Appropriateness for the demolition of a structure located
at 806 Marshall Avenue, S. W. Roger Vest, Vice President of Real Estate
Development, Spokesperson.
(b) Report of the Architectural Review Board with regard to the above
referenced petition for appeal. Barbara A. Botkin, Chairman.
Action on the matter was tabled for 120 days in order to encourage
development of the property.
9
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.
Chris Craft, 1501 East Gate Avenue, N. E.
Robert Gravely, 727 29th Street, N. W.
10
Office of the Mayor
CITY OF
ROANOKE
.".
WHEREAS, The Mayor's Committee on Employment of the Handicapped was
formed in or around 1978 to facilitate the development of
maximum employment opportunities for the physically and
mentally handicapped; and
WHEREAS, in 2000 the name of the committee was changed to the Mayor's
Committee for People with Disabilities and its focus changed to
stimulate the development of maximum opportunities for people
with disabilities and to encourage their full participation in the life
of the community; and
WHEREAS, Christene A. Montgomery having experienced a permanent
disability in 1984, has been enmeshed in issues of importance to
fostering the inclusion of people with disabilities into all facets of
the community. She started attending meetings of the Mayor's
Committee for People with Disabilities in 1989, serving as its
President in 1995; and since 1997, she has continuously served as
the Chair; and
WHEREAS, Christene has served as Editor of The Lemon Twist, which
emphasized the value of self-advocacy and networking with peers,
as Project ACT Resource Assistant in Southwest Virginia from July
1992 until September 1993, conducting numerous workshops about
the Americans with Disabilities Act; and as Southwest Virginia
Coordinator for Project Virginia CAN-DO, an effort to bring local
and regional disability groups together to discuss issues of
common concern and build a statewide coalition; and
WHEREAS, Christene also served as Chair of the Planning Committee for
Rising Expectations, Southwest Virginia Annual Disability
Awareness Expo; Chair of the Roanoke Area Spinal Cord Injury
Support Group; member of the Local Human Rights Committee for
Catawba Hospital; member. of the Business Advisory Committee,
Goodwill Industries/Tinker Mountain, Inc.; member of Roanoke
City Parks and Recreation Advisory Board; and is currently a
member of the Blue Ridge Regional Human Rights Committee; and
WHEREAS, Christene is the proud mother of three adult children and
considers her four grandchildren and two great grandchildren the
primary focus of life and true blessings from God.
NOW, THEREFORE, 1, C. Nelson Harris, Mayor of the City of Roanoke,
Virginia, hereby proclaim Thursday, December 20, 2007, throughout this
great All-America City, as
CHRISTENE A. MONTGOMERY DAY.
Given under our hands and the Seal of the City of Roanoke this seventeenth day of
December in the year two thousand and seven.
ATTEST'
~~h1. ~
Stephanie M Moon
City Clerk
CLAJ~~
c. Nelson Harris
Mayor
A
CITY OF ROANOKE
OFFICE OF THE MAYOR
215 CHURCH AVENUE, S.w., ROOM 452
ROANOKE, VIRGINIA 24011-1594
TELEPHONE: (540) 853-2444
FAX: (540) 853-1 ]45
C. NELSON HARRIS
Mayor
December 17, 2007
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...~ t....4
C. Nelson Harris
Mayor
CNH:crt
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
City Web: www.r0al~l(?keva.gov
-0_1 ! ! .~.)
December 17, 2007
The Honorable Mayor and Members
of City Council
Roanoke, Virginia
Re: 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 an open meeting
would adversely affect the bargaining position or negotiating strategy of the
public body, pursuant to 92.2-3711.A.3, Code of Virginia (1950), as amended.
Respectfully submitted,
Darlene L. B cham
City Manager
DLB/lsc
c: William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Stephanie M. Moon, City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
City Web: www.roanokeva.gov
December 17, 2007
The Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Mayor and Members of City Council:
I would like to sponsor a request from Wayne Strickland of the Roanoke
Valley-Alleghany Regional Commission to discuss possible City projects
to be included in the FY 2009 Regional Commission Work Program.
Respectfully submitted,
Darlene L. Bur
City Manager
DLB:jb
c: City Attorney
Director of Finance
City Clerk
January 2, 2008
MEMORANDUM
TO:
Commission Members
FROM:
Mayor Brad Grose, Chairman
SUBJ:
FY 2009 Work Program Requests
The Regional Commission's Work Program Committee wants to hear from our member
governments about projects you are interested in having the Commission undertake for the
program year beginning July 1, 2008. As discussed at the December 6, 2007 Commission
meeting, the liaison staff member will provide information to each locality about the work
program process. Any suggestions for work program projects should be submitted to your
city/town manger or county administrator. Each manager/administrator will then review the
suggestions and then forward to the Regional Commission's Work Program Committee.
The Commission has appointed a Work Program Committee made up of one representative from
each locality. The Committee will carefully review all projects to determine which projects can
be accommodated based on the resources available to the Commission.
The Commission's goal for fiscal year 2009 (July 1, 2008 - June 30, 2009) is to provide
assistance to member governments that improve the economic, physical and social development
of communities in our region. In order to do this, the Commission must have input from the
localities. The expertise of the Commission staff lies in the areas of conducting studies on issues
and problems of regional significance, identification and study of potential opportunities for
local cost savings through coordinated local government efforts, provision of technical assistance
to local planning/public works departments, collection and maintenance of demographic,
economic and other data concerning the region and the localities.
The Work Program Committee will begin evaluating requests in late February 2008 and will try
to finalize the annual work program by mid-April. Attached is a form to allow you and your staff
to present a description of your proposed projects. You may also download the form from our
website www.rvarc.org (save the file in Word). Please return by Friday, February 15, 2008.
You may mail your response to Olivia Dooley or you may email your proposed projects to
odooley@rvarc.org The Committee will recommend the FY2009 Work Program to the
Commission at its April meeting.
Thank you for your assistance in this effort and for your on-going support of the Commission's
programs/services. I look forward to receiving your thoughts about possible projects for our
annual Work Program. If you have any questions, please do not hesitate to contact me.
A Sample of the Work Program Elements in the Commission's FY2008
Work Program
Transportation-Related Projects:
Long-Range Transportation Planning
Bikeway Plan Coordination and Assistance with Greenway Development
Valley Metro On-Board Ridership Survey
Impact of Passenger Rail on the Region
Transit Route Maps for Valley Metro
Greater Roanoke Transit Financial Capacity Analysis
Regional Parking Issues and Design - Crossroads Mall site redevelopment
Regional Ridesharing Program (RIDE Solutions)
Environmental Planning:
Greater Roanoke Regional Water Supply Planning Coordination
Formation of a Regional Stormwater Management Committee
Air Quality Planning (Ozone and Fine Particulate Matter)
Community Development Assistance:
Coordination of the Roanoke Valley-Alleghany Task Force on Homelessness
Regional Hazardous Materials Plan Update
Coordination of Pre-Disaster Mitigation Committee
The Commission hosts the American Planning Association Web Conferences for
local government planners each year.
Economic Development Support:
Development of a Comprehensive Economic Development Strategy (in
conjunction with local governments, Roanoke Valley Economic Development
Partnership and the Alleghany Highlands Economic Development Corporation,
business leaders, higher education institutions, and other regional stakeholders.
Data and statistical support for local governments and regional partner
organization.
Special Projects the Commission Staff Assisted the City with in FY2007:
Completion of the Roanoke Trolley Economic Impact Study
Roanoke Urban Cluster Targeting Analysis
Assisted in the development of the City's Street Design Guide
Assisted the City in development and grant funding of Safe Routes to School
Program
-
PO Box 2569, Roanoke, VA 24010
Fax 540-343-4416
EMail:ioa3l)I~~@fO~f~rsrli
. ..~"_.,,... ,31~J . ......".Yc..., . g,
Agency:
Name:
Job Title:
Phone:
E-mail:
Project Title:
Description:
Importance:
D Essential
D Important
D Desirable
Project Title:
Description:
Importance:
D Essential
D Important
D Desirable
Project Title:
Description:
Importance:
o Essential
o Important
o Desirable
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@roanokeva.gov
SHEILA N. HARTMAN, CMC
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
CECELIA R. TIREE
Assistant Deputy City Clerk
December 19, 2007
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
I am attaching copy of Budget Ordinance No. 37974-121707 appropriating
funds from the federal government for the Bulletproof Vest Partnership Grant,
and amending and reordaining certain sections of the 2007-2008 Grant Fund
Appropriations, and dispensing with the second reading by title of this
ordinance.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, December 17, 2007, and is in
full force and effect upon its passage.
Sincerely,
~'rYt.~
Stephanie M. Moon, CMC
City Clerk
SMM:ew
Attachment
pc: Darlene L. Burcham, City Manager
R. Brian Townsend, Assistant City Managerfor Community Development
Sherman M. Stovall, Director, Management and Budget
A. L. Gaskins, Chief of Police
~*'s
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 17th day of December, 2007.
No. 37974-121707.
AN ORDINANCE to appropriate funding from the federal government for the
Bulletproof Vest Partnership Grant, amending and reordaining certain sections of the
2007 -2008 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 2007-2008 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Appropriations
Wearing Apparel
Revenues
Bulletproof Vest Partnership Grant FY08
35-640-3424-2064
$ 15,029
35-640-3424-3424
15,029
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.rve
.. City Clerk.
C1l,.\
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145 (
E-mail: clerk@roanokeva,gov
SHEILA N. HARTMAN, CMC
Deputy City Clerk J
STEPHANIE M, MOON, CMC
City Clerk
CECELIA R. TYREE
Assistant Deputy City Clerk
December 19, 2007.
Darlene L. Burcham
City Manager
Roanoke, Virginia,.
Dear Ms. Burcham:
I am attaching copy of Resolution No.3 7973-121707 authorizing acceptance of
the Bulletproof Vest Partnership Grant made to the City of Roanok,e by the
Department of Justice, Office of Justice Programs, and authorizing execution of
any required documentation on behalf of the City.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, December 17, 2007.
Sincerely,
A~~'~~
Stephanie M. Moon, CMC
City Clerk
SMM:ew
Attachment
pc: Jesse A. Hall, Director of Finance
R. Brian Townsend, Assistant City Manager for Community Development
Sherman M. Stovall, Director, Management and Budget
A. L. Gaskins, Chief of Police
045
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 17th day of December, 2007.
No. 37973-121707.
A RESOLUTION authorizing acceptance of the Bulletproof V est Partnership Grant made to
the City of Roanoke by the Department ofJusti~e, Office of Justice Programs, and authorizing
execution of any required documentation on behalf of the City.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The City Manager is hereby authorized on behalf of the City to accept from the
,
Department of Justice, Office of Justice Programs, the Bulletproof Vest Partnership Grant in the
amount of$15,029.00, to be used to purchase 58 ballistic vests, such grant being more particularly
described in the letter of the City Manager to Council dated December 17, 2007.
-
2. The City Manager is hereby authorized to execute and file, on behalf ofthe City, any
documents setting forth the conditions of the grant in a form approved by the City Attorney.
3. The City Manager is further directed to furnish such additional information as may be
required by the Department of Justice, Office of Justice Programs in connection with the acceptance
of the foregoing grant.
ATTEST:
~rn.~
. City Clerk.
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
City Web: www.roanokeva.gov
December 17, 2007
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: Bulletproof Vest
Partnership Grant
Background:
The Bulletproof Vest Partnership Grant was created by the Department of
Justice, Office of Justice Programs to provide State and Local Law
Enforcement agencies with monetary support to procure suitable ballistic
protection for their personnel. Ballistic vests have a normal service life of
five years before their structural integrity becomes questionable and they
must be replaced.
On October 24, 2007, the Police Department was granted $15,029 by the
U.S. Department of Justice to purchase 58 ballistic vests for patrol and
tactical officers working in the field. This grant is a reimbursement for
expenditures by the Police Department for ballistic vests. The Bulletproof
Vest Partnership provides a 50% reimbursement up to $15,029 to the
Police Department for actual bulletproof vest purchases. The Police
Department is scheduled to purchase 50 patrol vests as part of its five year
rotation plan and 8 new Tactical Vests to be placed in patrol cars for
additional ballistic protection. The estimated cost of this planned
purchase is in excess of the $30,058 required to entitle the City to receive
the full amount of the grant reimbursement.
Honorable Mayor and Members of City Council
December 17, 2007
Page 2
Recommended Action:
Accept the Bulletproof Vest Partnership reimbursement of $15,029 from
the Bureau of Justice Programs; and authorize the City Manager to execute
the grant agreement and any related documents, subject to them being
approved as to form by the City Attorney.
Appropriate funding of $15,029 for use on Police Department wearing
apparel in an account to be established by the Director of Finance in the
Grant Fund. Establish a revenue estimate of the same.
Respectfully submitted,
Darlene L. Bu cham
City Manager
c: Stephanie M. Moon, City Clerk
R. Brian Townsend, Asst. City Manager for Community Development
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Sherman M. Stovall, Director of Management and Budget
A.L. Gaskins, Chief of Police
CM07-00189
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-114?
E-mail: clerk@roanokeva,gov
SHEILA N. HARTMAN, CMC
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
CECELIA R. lYREE
Assistant Deputy City Clerk
December 19, 2007
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 37975-121707 endorsing the Carvins
Cove Natural Reserve Park Management Plan dated December 17, 2007.
The abovereferenced measure was adopted by the Council of the City of.
Roanoke at a regular meeting held on Monday, December 17, 2007.
Sincerely,
~"hj.~
Stephanie M. Moon, CMC "- -
City Clerk .
SMM:ew
Attachment
pc: Jesse A. Hall, Director of Finance
R. Brian Townsend, Assistal)t City Manager for Community Development
Sherman M. Stovall, Director, Management and Budget
Steve Buschor, Director of Parks and Recreation
~.1
,1-\
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 17th day of December, 2007.
No. 37975-121707.
A RESOLUTION endorsing the Carvins Cove Natural Reserve Park Management Plan dated
December 17, 2007.
WHEREAS, the Carvins Cove Natural Reserve Park Management Plan (the "Plan") was
presented to City Council for the City of Roanoke on December 3,2007;
and
WHEREAS, City Council considered whether to endorse the Plan on December 17,2007;
WHEREAS, the Plan updates and supersedes the 2000 Carvins Cove Land Use Plan.
THEREFORE, BE IT RESOLVED by the Council ofthe City of Roanoke that this Council
hereby endorses the Carvins Cove Natural Reserve Park Management Plan dated December, 17,
2007.
ATTEST:
~'rr'I.~
City Clerk. . ,
K:\Susan's Documents\Talevi\Measures\2007\R-Carvins Code Natural Reserve Plan-12-l7-07,doc
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
City Web: www,roanokeva.gov
December 17, 2007
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. Wish neff, Council Member
Dear Mayor Harris and Members of City Council:
Subject:
Carvi n s Cove Park
Management Plan
Background:
In March of 2006 the City of Roanoke embarked upon a process to develop a
general park management plan for the Carvins Cove Natural Reserve that
balances the needs for outdoor recreation, conservation, and protection of
the Valley's premier water supply.
Under the direction of Roanoke's Department of Parks and Recreation, an
advisory task force was created consisting of representatives of the National
Park Service, the Washington & Jefferson National Forest, the
Commonwealth's Departments of Game & Inland Fisheries and Forestry, the
Western Virginia Water Authority, and neighboring Roanoke County.
Under the facilitation of Dr. Margaret Bryant of both Virginia Polytechnic
Institute and State University & the State University of New York's. College of
Environmental Sciences, the advisory group helped guide, advise, and make
recommendations for the comprehensive management plan. The plan
addresses issues and needs related to natural and sustainable management
of Carvins Cove that include long term protection and enhancement of both
natural & cultural resources, the development of Resource Management
Zones (RMZ's), the establishment of logical guiding principles for outdoor
Honorable Mayor and Members of City Council
December 17, 2007
Page 2
recreational opportunities, and the enhanced protection of the water supply
and the Appalachian Trail.
The Department briefed City Council of the findings of this plan during a
work-session on December 3, 2007.
Recommended Action(s):
Adopt the attached resolution that endorses the Carvins Cove Park
Management Plan; December 17, 2007.
Respectfully submitted,
Darlene L. B rcham
City Manager
Attachment
c: Stephanie M. Moon, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
R. Brian Townsend, Asst. City Manager for Community Development
Steve Buschor, Director of Parks and Recreation
CM07-00191
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail:. clerk@roanokeva,gov
SHEILA N. HARTMAN, CMC
Deputy City Clerk
CECELIA R. 'TYREE
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
December 19, 2007
Darlene L. Burcham
City Manager
Roanoke, Virginia
William M. Hackworth
City Attorney
Roanoke, Virginia
Dear Ms. Burcham and Mr. Hackworth:
I am attaching copy of a prepared statement presented by Dr. M. Rupert Cutler,
in connection with the Carvins Cove Park Management Plan which was adopted
at the regular meeting of the Council of the City of Roanoke on Monday,
December 17, 2007.
Questions referenced by Dr. Cutler were referred to the City Manager and City
Attorney for appropriate response.
Sincerely,
~'r'r\.~
Stephanie M. Moon, CMe
City Clerk
SMM:ew
Attachment
pc: Dr. M. Ru.pert Cutler, 204 South Jefferson Street, #4, Roanoke, Virginia
24011 I
Jesse A. Hall, Director of Finance
R. Brian Townsend, Assistant City Manager for Community Development
,Sherman M. Stovall, Director, Management and Budget
Steve Buschor, Director of Parks and Recreation
..-: ~~
Roanoke City Council
Regular Session December 17, 2007
Agenda Item 6.a.2
Endorsement of the Carvins Cove Park Management Plan
Statement of M. Rupert Cutler
203 S. Jefferson Street, #4
Roanoke, VA 24011
Thank you, mayor and council members. I am Rupert Cutler of 204 S.
Jefferson Street, Roanoke.
I urge you to endorse the Carvins Cove Park Management Plan as
recommended by your staff.
I was a member of the advisory task force that drafted the plan, in my
capacity as vice chairman of the board of the Western Virginia Water Authority.
I commend the city manager and the director of the city parks and recreation
department for assembling a well-qualified group of advisors to assist with the
plan. I compliment Dr. Margaret Bryant for her effective facilitation of the
committee and for her authorship of a fine report summarizing the committee's
recommendations. The plan acknowledges at several points that the City and
the Water Authority jointly administer the Cove in its totality.
I would like to make three points:
1. The primary function of the Carvins Cove Natural Reserve is to
serve as a well-vegetated, undeveloped watershed producing clean
drinking water for the citizens of the region. Despite the fact that its
upland portion is being administered now by the city parks
department--it was administered by the city water department for
decades-- recreational use there is secondary in importance to
watershed protection. Any recreational or other use that could
impair water quality, such as overnight camping with attendant
issues such as human waste disposal and open fires, and
swimming in the reservoir, should be avoided. Commercial
activities attracting large numbers of persons at one time could be a
problem.
2. Ownership of the land and water within the Carvins Cove Natural
Reserve below the 1 ,200-foot elevation contour line, including, of
course, the lake, was transferred from the City to the Western
Virginia Water Authority upon creation of the water authority on July
1, 2004. The plan covers land and water under the jurisdiction of
the water authority, for example, references to how boating and
fishing on the lake are to be regulated. Therefore, the board of
..
2
directors of the Western Virginia Water Authority also must approve
the plan before it can take effect. The Carvins Cove plan will be on
the agenda of the board of directors of the Western Virginia Water
Authority at its January 17 meeting for its consideration. There are
a couple of administrative issues the plan does not address, and
they are (a) provision of adequate funding of the parks department
to staff this large park and (b) the question of how user fees will be
collected, because some visitors use the lake, run by the Water
Authority, while some visitors use the trails, run by City Parks. How
will these fees be collected and used? And will visitors from
outside the immediate region be charged more?
3. As a trustee of the Virginia Outdoors Foundation, the state agency
that holds most of the conservation easements in the
Commonwealth, I salute the mayor and Council for supporting
donation by the city to the Virginia Outdoors Foundation of a
conservation easement on the Carvins Cove Natural Reserve. The
easement document likely will apply only to the land owned by the
City, and not to Water Authority property that is developed with
water supply facilities. The easement should acknowledge the pre-
existence of the tunnel from Catawba Creek to the lake that runs
through City property. The VOF board looks forward to receiving
and approving such an easement that would protect more land than
any other conservation easement in the state and assure that the
second-largest city park in the United States will always serve the
important dual purposes of water supply-protection and providing
extensive outdoor recreation opportunities.
Thank you.
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@roanokeva.gov
SHEILA N. HARTMAN, CMC
Deputy City Clerk
CECELIA R. lYREE
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
December 19, 2007
Darlene L Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No.3 7976-121707 adopting a policy for the
naming and renaming of City buildings, streets, parks, and other facilities.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, December 17, 2007. .
Sincerely,
~ "M.~..v
Stephanie M. Moon, CMC
City Clerk
SMM:ew
Attachment
pc: Jesse A. Hall, Dire.ctor of Finance
R. Brian Townsend, Assistant City Manager for Community Development
Sherman M. Stovall, Director, Management and Budget
\}-\ ~ ~
IN THE COUNCIL OF THE CITY OF ROANOKE, VJRGINIA
The 17th day of Decembe~, 2007.
No. 37976-121707.
A RESOLUTION adopting a policy for the naming and renaming of City buildings, streets,
parks, and other facilities.
WHEREAS, Council has no established policy for the naming or renaming of City-owned
facilities, such as buildings, streets, and parks, and is desirous of adopting such a policy.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. Any City-owned facility, such as a building, street, bridge, tunnel, or park ("facility")
may be named or renamed:
a) After a geographic area where the facility is/iocated;
b) After an individual or family;
c) To reflect the historical significance of the facility; or
d) To reflect th~ function of the facility or of offices within or near it.
2. In naming or renaming a facility after an individual or family, Council may consider
naming it after:
a) A noteworthy public figure, or official;
b) A person of historical or cultural significance. (at the local, state, or national
level);
c) Special benefactors of the City; or
d) A person or family particularly identified with the facility.
Individuals should be deceased for at least one, year before a facility is named or
renamed after them. Council, however, may waive this provision in order to recognize the outstanding
contributions of a living person.
K:\Measures\Naming or Renaming City Facilities, parks or streets 2007.doc
3. In naming or renaming parks, Council:
a) Shall consider any recommendation made by the Director of Parks and
Recreation;
b) May name or rename the park after one of the following: the region or area of
the City in which the park is located; geographic features of the park; the name
of the donor. of the park or one who has made significant contributions towards
its development; or significant historic figures;
c) May name or rename smaller neighborhood parks after deceased individuals,
and large regional parks after their geographic locations;
d) May name or rename recreational facilities (such as athletic fields within a park)
after persons who have made a significant contribution to the City to improve
either the City or the specific recreational facility.
4. Streets shall be named or renamed in accordance with the procedure set out in S30-34 of
the Code of the City of Roanoke. Street names should relate to (i) the area in which the street is
located; (ii) some historical relationship of the name to the street, (iii) the name of a deceased person
connected to the area, or (iv) any other suitable name that Council determines to be fitting, practical,
and in compliance with any other City street-naming guidelines.
5. The procedure for considering requests for the naming or renaming of facilities shall be
as follows:
a) Any citizen, Council member, or elected or appointed official may initiate .a
request by filing with the City Manager such request, stating the reasons for the
request.
K:\Measures\Naming or Renaming City Facilities, parks or streets 2007,.doc
b) The City Manager shall review the request for consistency with this policy, and
shall forward the request with a report to Council.
c) If the facility is under the direction and control of a City department, the director
of the department shall be consulted.
d) Council will approve the naming or renaming of any facility by resolution.
e) In renaming facilities, Council will not rename them just for the sake of
changing the name.
f) Nothing in this policy, is intended to prohibit the City fro~ entering into
agreements naming or renaming facilities as part of a sponsorship or naming
rights contract.
ATTEST: .
~~.~~
City Clerk.
K:\Measures\Narning or Renaming City Facilities, parks or streets 2007.doc
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
City Web: www.roanokeva.gov
December 17, 2007
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: Policy for Naming or Renaming
City-owned Facilities
Background:
Currently no City Council adopted policy exists to provide guidelines to name
or rename City-owned facilities; such as buildings, streets or parks. City
Council asked administration to review the current naming/renaming process
and to make recommendations for a policy which provides a framework to
accomplish naming/renaming requests while being flexible in order to
accommodate reasonable requests.
Considerations:
A policy to provide a framework when considering the naming or renaming of
City-owned facilities is desirable. The proposed policy provides such a
framework yet is flexible and considers issues such as commercial naming
rights for civic facilities and permits consideration of naming a facility in
honor of a live individual.
Recommended Action:
Adopt the attached resolution establishing a policy for naming or renaming
of City buildings, streets, parks, and other facilities.
Honorable Mayor and Members of City Council
December 17, 2007
Page 2
Darlene L. B rcham
City Manager
c: Stephanie M. Moon, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
CM07-00193
Naming/Renaming Policy Guidelines for Public Buildings, Parks and
Streets
General:
A City facility may be named to reflect the geographic area where the
facility exists, represent the department/function occupying the facility,
the historical significance related to the facility, or, for an individual or
family.
When considering naming a facility after an individual or family the
general criteria may be:
· A noteworthy public figure or official
· A person of historical or cultural significance (local, state or
national)
. Special benefactors
· A person or family particularly identified with the facility
· An individual should be deceased for one (1) year before having a
naming designation, however an exception to the criteria is
permissible to recognize the outstanding contribution of a living
person
Existing public facilities (i.e. bridges, tunnels, streets, etc.) should not be
renamed for the sake of changing names. Nothing in this guideline
prevents the City from entering into a sponsorship or naming rights
contract for certain facilities. If any facility is under the direction and
control of a City department, input should be attained from the
department director in the decision making process.
Parks
· Consideration should be given to the recommendation from the
Director of Parks and Recreation
· Naming of public parks should be based on the following: (1)
region of the City in which the park is located; geographic feature;
persons who had donated land or made major contributions toward
the development of the park; or historic figures of significant
status.
· Smaller neighborhood parks may bear the name of a deceased
individual. Larger regional parks should be named after their
geographic location.
· Smaller recreational facilities (i.e., athletic fields within a park) may
be named in honor of persons who made a significant gift to the
City towards improving recreational facilities or made a significant
contribution to the City of Roanoke.
Streets
· Naming of streets should relate to the following elements: (1) area
in which it is located; (2) historical relationship; (3) deceased noted
person, related to the area; (4) any other suitable name that is
considered by the City Council and the community to be fitting,
practical or in compliance with all other street naming guidelines.
Procedures:
Consideration of a naming proposal may be initiated by any citizen, City
Council person, any other elected or appointed official. The requesting
party will submit their naming or renaming request to the City Manager
with accompanying justification for the request. The City Manager will
review the request for consistency with this policy, and will forward the
request and report to the City Council which will hear the request at one
of their regularly held meetings. City Council will act formally on such
request by consideration of a Resolution.
.-
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@roanokeva.gov
SHEILA N. HARTMAN, CMC
Deputy City Clerk
STEPHANIE M, MOON, CMC
City Clerk
CECELlA R. TYREE
Assistant Deputy City Clerk
December 19, 2007
Jesse A. Hall
Director of Finance
. Roanoke, Virginia
Dear Mr. Hall:
I am attaching copy of Budget Ordinance No. 37977-121707 appropriating
funds from the developer's share of project funding for traffic signal
reconstruction at the Franklin Road and Wonju Street intersection, and
amending and reordaining certain sections of the 2007-2008 Capital Projects
Fund Appropriations, and dispensing with the second reading by title of this
ordinance.
The abovereferenced measure was adopted by the Council of the 'City of
Roanoke at a regular meeting held on Monday, December 17, 2007, and is in
full force and effect upon its passage.
Sincerely,
~ rn. 'rr\e
Stephanie M. Moon, CMC
. City Clerk
SMM:ew
Attachment
pc: Darlene L. Burcham, City Manager .
R. Brian Townsend, Assistant City Manager for Community Development
Sherman M. Stovall, Director, Management and Budget
Mark D. Jamison, P.E., Transportation Division Manager
,.\1
,\. <::,
\-X, ~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 17th day of December, 2007.
No. 37977-121707.
AN ORDINANCE to appropriate funding from the developer's share of project
\\
funding for traffic signal reconstruction at the Franklin Road and Wonju Street intersection,
amending and reordaining certain sections of the 2007-2008 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 2007-2008 Capital Projects Fund Appropriations be, and the same are
hereby, amended and reordained to read and provide as follows:
Appropriations
Appropriated from General Revenue
Revenues
Franklin Road/Wonju StreetJntersection-
Developer Donation
08-530-9562-9003
$ 130,452
08-530-9562-9525
130,452
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
~Yn.~
City Clerk.
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
City Web: www.roanokeva.gov
December 17, 2007
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: Traffic Signal Reconstruction
Franklin Road and Wonju
Street
Background:
Development of the Ivy Market site for Ukrops and other businesses required
construction of offsite improvements to accommodate projected traffic. The
developer was responsible for the cost of these improvements. Among these
improvements were significant modifications to the existing traffic signal at the
intersection of Franklin Road and Wonju Street.
Due to the extent of the signal modifications required, the City elected to
partner with the developer to reconstruct the entire traffic signal. Existing
equipment is dated and needs to be replaced to minimize maintenance needs
and improve traffic operations. This partnership will require that the developer
provide a portion of the funding for this work. It is important to note that this
improvement was not absolutely necessary for~th~ Ukrops store alone but is
triggered by additional development proposed at this site.
Considerations:
As a condition of receiving the Certificate of Occupancy for Ukrops, the
developer provided the City with a check for his estimated share of the
construction cost for the signal reconstruction. The developer's initial share
Honorable Mayor and Members of City Council
December 17, 2007
Page 2
was based upon the construction cost estimate. The project was subsequently
advertised for construction and bids have been received. The City is now ready
to award the contract to the low bidder. The bids received were slightly higher
than the construction cost estimate; and additional funds have been received
from the developer to cover his share of the increase. Available funds are now
sufficient to construct the project.
The funds received from the developer need to be appropriated to the project
account so that a notice to proceed can be issued to the selected contractor.
Recommendation:
Establish a revenue estimate for the developer's share of the project funding in
the amount of $130,452; and appropriate the same into capital account 08-
530-9562-9003, entitled "Franklin Road & Wonju Street Intersection."
Darlene L. Bur ham
City Manager
DLB/MDJ/gpe
c: Stephanie M. Moon, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Mark D. Jamison, P.E., Transportation Division Manager
CM07-00190
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@roanokeva.gov
SHEILA N. HARTMAN, CMC
Deputy City. Clerk
STEPHANIE M, MOON, CMC
City Clerk
CECELIA R. lYREE
Assistant Deputy City Clerk
December 19, 2007
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
I am attaching copy of Budget Ordinance No. 37978-121707 transferring funds
from the Farmers' Market Awning project to the Market Building Renovations
project, and amending and reordaining certain sections of the 2007-2008
Capital Projects and Market Building Funds Appropriations, and dispensing with
the second reading by title of this ordinance.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, December 17, 2007, and is in
full force and effect upon its passage.
/
Sincerely,
A~ M. ""'t~
Stephanie M. Moon, CMC
City Clerk
SMM:ew
Attachment
pc: Darlene L. Burcham, City Manager
R. Brian Townsend, Assistant City Manager for Community Development
Sherman M. Stovall, Director, Management and Budget
Brian K. Brown, Economic Development Administrator
'Cassandra L. Turner, Economic Development Specialist
\:>,. S
~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 17th day of December, 2007'.
No. 37978-121707.
AN ORDINANCE to transfer funding from the Farmer's Market Awning project to
the Market Building Renovations project, amending and reordaining certain sections of the
2007 -2008 Capital Projects and Market Building Funds Appropriations and dispensing with
. the second reading by title of this ordinance.
BE IT ORDAINED by the Council> of the City of Roanoke that the following
sections of the 2007-2008 Capital Projects and Market Building Funds Appropriations be,
and the same are hereby, amended and reordained to read and provide as follows:
Capital Proiects Fund
Appropriations
Appropriated from General Revenue
Transfer to Market Building Fund
08-610-9135-9003 $ (148,917)
08-530-9712-9504 148,917
Market Buildina Fund
Appropriations
Appropriated from General Revenue
Revenues
Transfer from Capital Projects Fund
09-61 0-8136-9003 148,917
09-110-1234-1237 148,917
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
~h1.~
City Clerk.
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
City Web: www.roanokeva,gov
December 17, 2007
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: Market Building Restrooms
Background:
On December 3, 2007, City Council was briefed on Downtown Planning and
Implementation. This briefing included a discussion of current and pending
projects which included improvements to the Market Building. While selected
improvements to the interior and the exterior of the Market Building have been
funded, renovation of the mezzanine restrooms in the Market Building remain
unfunded.
During the briefing, staff suggested the reallocation of residual project funds
from the Farmer's Market Awnings account in the amount of $148,917 to fund
the renovation of the mezzanine restrooms.
Recommended Action:
Transfer funding in the amount of $148,917 from the Farmer's Market Awnings
account (08-610-9135) to the Market Building Renovations account (09-610-
8136).
Respectfully submitted,
Darlene L. urcham
City Manager
DLB:acm
c: Stephanie M. Moon, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
R. Brian Townsend, Asst. City Manager for Community Development
Brian K. Brown, Economic Development Administrator
Cassandra L. Turner, Economic Development Specialist
CM07-00194
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@roanokeva.gov
SHEILA N. HARTMAN. CMC
Deputy City Clerk
STEPHANIE M, MOON, CMC
City Clerk
CECELlA R. 1YREE
Assistant Deputy City Clerk
December 19, 2007
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
I am attaching copy of Budget Ordinance No.3 7979-121707 transferring funds
from the Emergency Generator project to the Patrick Henry High School project,
and amending and reordaining certain sections of the 2007-2008 General,
Capital Projects and School Capital Projects Funds Appropriations, and
dispensing' with the second reading by title of this ordinance.
"-
The abovereferenced measure was adopted by the Council of the City of,
Roanoke at a regular meeting held on Monday, December 17, 2007, and is in
full force and effect upon its passage.
Sincerely,
~~.~
Stephanie M. Moon, CMC
City Clerk
SMM:ew
Attachment
pc: Dr. Rita D. Bishop, Superintendent, Roanoke City Public Schools
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
~"\ ')
~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 17th day of December, 2007.
No. 37979-121707.
AN ORDI NANCE to transfer funding from the Emergency Generator project to the
Patrick Henry High School project, amending and reordaining certain sections of the 2007-
. 2008 General, Capital Projects and School Capital Projects Funds Appropriations and
dispensing with the second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that the following
sections of the 2007-2008 General, Capital Projects and School Capital Projects Funds
Appropriations be, and the same are hereby, amended and reordained to read and provide
as follows:
General Fund
Appropriations
Transfer to Capital ProjeCts Fund
Transfer to School Capital Projects Fund
01-250-9310-9508 $ (122,078)
01-250-9310-9531 122,078
Capital Proiects Fund
Appropriations
CMERP - Equipment Purchases
Revenues
Transfer from General Fund
08-520-9542-9132 ( 122,078 )
08-110-1234-1356 ( 122,078)
I .
School Capital Proiects Fund
Appropriations r
CMERP - Equipment Purchases
Revenues
Transfer from General Fund
31-065-6066-9132 122,078
31-110-1234-1356 122,078
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. MIJu-..)
City Clerk. ~
City of Roanoke
School Board
P.O. Box 13145, Roanoke VA 24031 . 540-853-2381 . FAX 540-853-2951
David B.Carson
Chairman
Jason E. Bingham
Vice Chairman
'-('TI:)
V. Mignon Chubb-Hale
Mae G. Huff
Suzanne P. Moore
Courtney A. Penn
Todd A. Putney
December 17, 2007
Dr. Rita D. Bishop
Superintendent
The Honorable C. Nelson Harris, Mayor
and Members of Roanoke City Council
Roanoke, VA 24011
Cindy H. Poulton
Clerk of the Board
Dear Members of Council:
As the result of official School Board action at its meeting on
December 11, the Board respectfully requests City Council to transfer
$122,078.00 from the City's Capital Projects Fund and appropriate the
monies to the Patrick Henry High School Capital Project Fund to purchase
and install an emergency generator at Patrick Henry High School.
The School Board appreciates the City's willingness to fund the cost
and installation of the emergency generator for Patrick Henry High School.
Sincerely,
~~~
re
cc:
Mr. David B. Carson
Dr. Rita D. Bishop
Mr. Curtis D. Baker
Mrs. Vivian Penn- Timity
Ms. Darlene L. Burcham
Mr. William M. Hackworth
Mr. Jesse A. Hall
Mrs. Ann H. Shawver
Ms. Dorothy Hoskins (with
accounting details)
'I;,
CITY OF ROANOKE
DEPARTMENT OF FINANCE
215 Church Avenue, S.W., Room 461
P.O. Box 1220
Roanoke, Virginia 24006-1220
Telephone: (540) 853-2821
Fax: (540) 853-6142
ANN H. SHAWVER
Deputy Director
email: ann~shawver@ci.roanoke.va.us
JESSE A. HALL
Director of Finance
email: jesseJlall@ci.roalloke.va.us
December 17, 2007
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 December 11, 2007, the Board
has respectfully requested that City Council transfer $122,078 to the Patrick Henry High
School account to purchase and install an emergency generator at Patrick Henry High
School. Funding is available in the City of Roanoke's Capital Projects Fund (account 08-
520-9542) and may be transferred to the School Capital Projects Fund for the generator.
The funding originates from General Fund undesignated fund balance. It was initially
appropriated and transferred to the City's Capital Projects Fund in September for this
generator. The project will now be undertaken by the Roanoke City Public Schools,
therefore necessitating the transfer of funds.
We recommend that you concur with this report of the School Board and adopt the
attached budget ordinance to transfer funding as outlined above.
Sincerely,
q~4 #4
Jesse A. Hall
Director of Finance , ,
c: Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Stephanie M. Moon, City Clerk
Sherman M. Stovall, Director of Management and Budget
Dr. Rita D. Bishop, Superintendent, Roanoke City Public Schools
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456,
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145 .
E-mail: clerk@roanokeva,gov
SHEILA N. HARTMAN, CMC
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
CECELIA R. TYREE
Assistant Deputy City Clerk
December 19, 2007
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
I am attaching copy of Budget Ordinance No. 37980-121707 appropriating
funds from the Commonwealth and Federal governments as well as from
donations and fees, and amending and reordaining certain sections of the
2007~2008 School Fund Appropriations, and dispensing with the second
reading by title of this ordinance.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, December 17, 2007, and is in
full force and effect upon its passage.
Sincerely, .
~'M.~
Stephanie M. Moon, CMC
City Clerk
SMM:ew
Attachment
pc: Dr. Rita D. Bishop, Superintendent, Roanoke City Public Schools
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
~)
~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 17th day of December, 2007.
. No. 37980-121707.
AN ORDINANCE to appropriate funding from the Commonwealth and Federal .
governments as well as from donations and fees, amending and reordaining certain
sections of the 2007-2008 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 2007-2008 School Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Appropriations
Teacher Stipends
Social Security
Contracted Professional
Development
Printing Expenses
Staff/Consultant Travel
Evaluation Services
Instructional Materials
Equipment
Visiting Teachers
Instructional Materials
Teachers
Coordinators
Psychologist
Retiree Health Credit
Social Security
State Retirement
Contracted Health Services
Contracted Psychologist
Intern ell), cr-;:
Travel
In-service
. Supplies
Equipment
Substitutes
30-061-6144-0129-6000
30-061-6144-0201-6000
30-061-6144-0313-6000
30-061-6144-0351-6000
30-061-6144-0551-6000
30-061-6144-0584-6000
30-061-6144-0614-6000
30-061-6144-0821-6000
30-061-6281-0123-6231
30-061-6281-0613-6231
30-062 -6519-0121-6453
30-062-6519-0124-6453
30-062-6519-0132-6453
30-062-6519-0200-6453
30-062-6519-0201-6453
30-062-6519-0202-6453
30-062-6519-0311-6553
30-062-651~-0331-6553
30-062-6519-0554-6553
30-062-6519-0587-6553
30-062-6519-0614-6553
30-062-6519-0821-6553
30-062-6521-0021-6554
$ 124,485
10,605
( 101,857)
( 15,600)
6,500
16,234
165,509
63,996
221
(28)
205,697
28,060
( 28,060)
13,900
72,624
212,111
( 390,114)
( 18,000)
8,000
. ( 7,000)
( 75,331)
6,435
( 1,000)
Principal 30-062 -6521-0126-6554 19,320
Education Coordinators 30-062 -6521-0138-6554 12,193
Clerical 30-062-6521-0151-6554 11,721
Retiree Health Credit 30-062-6521-0200-6554 473
Social Security 30-062-6521-0201-6554 3,040
State Retirement 30-062-6521-0202-6554 8,755
Health .Insurance 30-062-6521-0204-6554 ( 17,116)
Group Life Insurance 30-062-6521-0205-6554 ( 149)
Indirect Costs 30-062-6521-0212-6554 2,146
Instructional Materials 30-062-6521-0614-6554 ( 1,000)
Equipment 30-062-6521-0821-6554 1,000
Special Education Teacher 30-062-6523-0121-6554 1,269
Visiting Teacher 30-062-6523-0123-6554 5,540
Secretary 30-062-6523-0151-6554 ( 1,860)
Retiree Health Credit 30-062-6523-0200-6554 887
Social Security 30-062-6523-0201-6554 379
State Retirement 30-062-6523-0202-6554 2,293
Health Insurance 30-062-6523-0204-6554 ( 162)
Group Life Insurance 30-062-6523-0205-6554 ( 80)
Instructional Materials 30-062-6523-0614-6554 ( 3,298)
Tournament Attendance 30-062-6623~0129-61 08 5,000
Social Security 30-062 -6623-0201-6108 200
Tournament Fees 30-062-6623-0332-6108 1,800
Mileage 30-062 -6623-0551-6108 500
( 30-062-6623-0554-6108 8,000
Tournament Travel
Coordinator 30-062 -6708-0121-6138 3,219
Retiree Health Credit 30-062-6708-0200-6138 405
Social Security 30-062-6708-0201-6138 ( 181)
State Retirement 30-062-67d8-0202-6138 3,069
Health Insurance 30-062-6708-0204-6138 1,290
Group Life Insurance 30-062-6708-0205-6138 636
Part Time Instructors 30-062-6708-0313-6138 2,165
Teacher 30-062-6709-0121-6138 ( 57,101)
Professional Development 30-062-6709-0129-6138 26,459
Retiree Health Credit 30-062-6709-0200-6138 ( 257)
Social Security 30-062-6709-0201-6138 .. ( 4,368)
State Retirement 30-062-6709-0202-6138 ( 8,108)
Health Insurance 30-062-6709-0204-61'38 ( 6,170)
Group Life Insurance 30-062-6709-0205-6138 ( 645)
Purchased Services 30-062-6709-0313-6138 ( 5,000)
Travel 30-062-6709-0554-6138 15,000
Other Charges 30-062-6709-0614-6138 ( 24,646)
Technology Education 89,005
Equipment 30-062-6709-0821-6138
GED Examiners 30.-0.62 -6711-0. 121-6550. 4,625
Social Security 30.-0.62-6711-0.20.1-6550. 375
Instruction and Assessment 30.-0.62 -6712 -0. 121-6451 4,646
Social Security 30.-0.62-6712-0.20.1-6451 354
GED Examiners 30.-0.62-6714-0.121-6550. 2,852
GED Counselor 30.-0.62-6714-0.123-6550. 4,124
Administrative Assistant 30.-0.62 -6714-0. 151-6550. 1,915 .
Social Security 30.-0.62-6714-0.20. 1-6550. 541
Outreach 30.-0.62 -6714-0.361-6550. 4,60.0.
,
Testing Fee Tuition 30.-0.62-6714-0.382-6550. ( 9,550.)
Supplies 30.-0.62-6714-0.614-6550. ( 2,482)
Secondary Teachers 30-0.62 -6914-0. 121-6100. 18,661
Teacher Aides 30.-0.62-6914-0.141-610.0. ( 2,332)
Retiree Health Credit 30.-0.62-6914-0.20.0.-610.0. 481
Social Security 30.-0.62-6914-0.201-610.0. ( 376)
State Retirement 30.-0.62-6914-0.202-610.0 193
Health Insurance 30.-0.62-6914-0.20.4-610.0. 1,530.
Group Life Insurance 30.-062-6914-0.20.5-610.0. ( 160.)
Contracted Services - ( 16,852)
Salem City 30.-0.62-6914-0.311-610.0.
Purchased Services 30.-0.65-6622 -0.381-6669 90.,621
Supplies 30.-0.65-6622-0.615-6669 90.,621
Communications Equipment 30.-0.65-6622-0.823-6669 90.,621
Data Processing Equipment 30.-0.65-6622-0.826-6669 90.,621
Revenues
Federal Grant Receipts 30.-0.61-6144-110.2 269,872
Federal Grant Receipts 30.-0.61-6281-110.2 193
Federal Grant Receipts 30-0.62-6519-1102 28,322
State Grant Receipts 30-0.62-6521-1100. 39,383
State Grant Receipts 30.-0.62-6523-110.0. 4,968
Donations 30.-0.62-6623-110.3 15,50.0.
State Grant Receipts 30.-0.62-670.8-110.0. 4,50.0.
Fees 30.-0.62-670.8-110.3 6,10.3
Federal Grant Receipts 30.-0.62-670.9-110.2 24,169
Fees 30.-0.62-6711-110.3 5,0.0.0.
Fees 30.-0.62-6712-110.3 5,0.00.
State Grant Receipts 30.-0.62-6714-1100. 2,0.0.0.
State Grant Receipts 30-0.62-6914-1100. 1,145
Corporate Fee Receipts 30.-0.65-6622-110.3 362,484
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
'.~.~
City Clerk~
City of Roanoke
School Board
P.O. Box 13145, Roanoke VA 24031 . 540-853-2381 . FAX 540-853-2951
David B. Carson
Chairman
Jason E. Bingham
Wee Chairman
V. Mignon Chubb-Hale
Mae G. Huff
Suzanne P. Moore
Courtney A. Penn
Todd A. Putney
Dr. Rita D. Bishop
Superintendent
Cindy H. Poulton
Clerk of the Board
December 17, 2007
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 December 11,
the Board respectfully requests City Council to appropriate the following funds:
· $269,872.00 for the Title I School Improvement Program to provide federal
funds to aid the division in its effort to provide strategies to increase student
learning at seven low-performing schools. The program also will help fund
the opportunity for students to choose a higher-performing school as an
alternative. This continuing program is one hundred percent reimbursed by
federal funds.
· $193.00 for the Title V-A Innovative Program to provide funds for the
implementation of innovative instructional programs in the school district
and to provide visiting teacher services. This continuing program is one
hundred percent reimbursed by federal funds.
· $28,322.00 for the Flow Through Program to provide aid for the education
and guidance of handicapped students. This continuing program is one
hundred percent reimbursed by federal funds.
· $39,383.00 for the Juvenile Detention Home Program to provide funds for
the salary and expenses of the educational coordinators. This continuing
program is one hundred percent reimbursed by State funds.
· $4,968.00 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 is one hundred percent reimbursed by State funds.
· $10,603.00 for the Apprenticeship Program to provide on-the-job and
classroom vocational instruction for students in the apprenticeship program.
This continuing program is funded with State funds and fees paid by
participants.
· $24,169.00 for the Perkins Act Program to provide funds for vocational
equipmerftlahd training. This continuing program is one hundred percent
reimbursed by federal funds.
· $5,000.00 for the GED Testing Program to provide instructors for GED
preparation classes and for the administration of the GED examinations.
This continuing program is reimbursed with student fees.
· $5,000.00 for the Workplace Education Program to provide instructional
programs developed with area business establishments for employees at the
work sites. This continuing program is reimbursed with fees.
Members of Council
Page 2
December 17, 2007
· $2,000.00 for the Race to GED Fast Track Program which is the Governor's
initiative to provide supplies, tuition, and instructors to increase the
participation in the GED examinations. This continuing program is one
hundred percent reimbursed by State funds.
· $1,145.00 for the Regional Alternative Education Program to provide
alternative curriculum and training for regional high risk students at the
Taylor Learning Academy, with a focus on improving the total self concept of
the student. This continuing program is one hundred percent reimbursed by
State funds.
· $362,484.00 for the Federal Communications Commission E-Rate Program.
The program, established in 1996, helps schools and libraries obtain access
to state of the art services and technologies at discounted rates. Discounts
are determined based on free/reduced school lunch numbers. This
continuing program is funded on a reimbursement basis through the FCC E-
Rate Program.
· $15,500.00 for the Chess Program to pay for chess materials and
tournament participation costs. This continuing program is funded by
private donations.
The School Board thanks you for your approval of the appropriation
requests.
Sincerely,
~;t~
re
cc:
Mr. David B. Carson
Dr. Rita D. Bishop
Mr. Curtis D. Baker
Mrs. Vivian Penn- Timity
Ms. Darlene L. Burcham
Mr. William M. Hackworth
Mr. Jesse A. Hall
Mrs. Ann H. Shawver
Ms. Dorothy Hoskins (with
accounting details)
CITY OF ROANOKE
DEPARTMENT OF FINANCE
215 Church Avenue, S.W., Room 461
P,O. Box 1220
Roanoke, Virginia 24006-1220
Telephone: (540) 853-2821
Fax: (540) 853-6142
ANN H. SHAWVER
Deputy Director
email: ann_shawver@ci.roanoke.va.us
JESSE A. HALL
Director of Finance
email: jesse_hall~ci.roanoke.va.us
December 17, 2007
Honorable C. Nelson Harris, Mayor
Honorable David B. Trinkle, Vice-Mayor
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Beverly T. Fitzpatrick, Jr., Council Member
Honorable Sherman P. Lea, Council Member
Honorable Gwendolyn W. Mason, Council Member
Honorable Brian J. Wish neff, Council Member
Dear Mayor Harris and Members of City Council:
Subject: School Board Appropriation Request
As a result of official School Board action at its meeting on December 11, 2007, the
Board has respectfully requested that City Council appropriate the following funds:
· $269,872 for the Title I School Improvement Program to provide federal
funds to aid the division in its effort to provide strategies to increase
student learning at seven low-performing schools. The program also will
help fund the opportunity for students to choose a higher-performing
school as an alternative. This continuing program is one hundred
percent reimbursed by federal funds.
· $193 for the Title V-A Innovative Program to provide funds for the
implementation of innovative instructional programs in the school district
and to provide visiting teacher services. This continuing program is one
hundred percent reimbursed by federal funds.
· $28,322 for the Flow Through Program to provide aid for the education
and guidance of handicapped students. This continuing program is one
hundred percent reimbursed by federal funds.
· $39,383 for the Juvenile Detention Home Program to provide funds for
the salary and expenses of the educational coordinators. This continuing
program is one hundred percent reimbursed by State funds.
Honorable Mayor and Members of Council
December 17, 2007
Page 2
· $4,968 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 is one hundred percent reimbursed by State funds.
· $10,603 for the Apprenticeship Program to provide on-the-job and
classroom vocational instruction for students in the apprenticeship
program. This continuing program is funded with State funds and fees
paid by participants.
· $24,169 for the Perkins Act Program to provide funds for vocational
equipment and training. This continuing program is one hundred
percent reimbursed by federal funds.
· $5,000 for the GED Testing Program to provide instructors for GED
preparation classes and for the administration of the GED examinations.
This continuing program is reimbursed with student fees.
· $ 5 ,000 for the Workplace Education Program to provide instructional
programs developed with area business establishments for employees at
the work sites. This continuing program is reimbursed with fees.
· $2,000 for the Race to GED Fast Track Program which is the Governor's
initiative to provide supplies, tuition, and instructors to increase the
participation in the GED examinations. This continuing program is one
hundred percent reimbursed by State funds.
· $1,145 for the Regional Alternative Education Program to provide
alternative curriculum and training for regional high risk students at the
Taylor Learning Academy, with a focus on improving the total self
concept of the student. This continuing program is one hundred percent
reimbursed by State funds.
· $362,484 for the Federal Communications Commission E-Rate Program.
The program, established in 1996, helps schools and libraries obtain
access to state of the art services and technologies at discounted rates.
Discounts are determined based on free/reduced school lunch program
criteria. This continuing program is funded on a reimbursement basis
through the FCC E-Rate Program.
Honorable Mayor and Members of Council
December 17, 2007
Page 3
· $1 5,500 for the Chess Program to. pay for chess materials and
tournament participation costs. This continuing program is funded by
private donations.
We recommend that you concur with this report of the School Board and adopt
the attached budget ordinance to appropriate funding as outlined above.
Sincerely,
qhU- 4 NdJ
Jesse A. Hall
Director of Finance
JAH:ca
c: Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Stephanie M. Moon, City Clerk
Sherman M. Stovall, Director of Management and Budget
Dr. Rita D. Bishop, Superintendent, Roanoke City Public Schools
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@roanokeva.gov
SHEILA N. HARTMAN
Deputy City Clerk
CECELIA R. TYREE
Assistant Deputy City Clerk
STEPHANIE M.. MOON, CMC
City Clerk
January 7, 2008
Mr. John W. Blankinship
81 7 3rd Street
\linton, Virginia 24179
Dear Mr. Blankinship:
At a regular meeting of the Council of the City of Roanoke which was held on
Monday, December 17, 2007, you were appointed as a member of the Towing
Advisory. Board, for a term ending October 31, 2010. Enclosed is a copy of an
application for appointment. Please complete and return to the undersigned in
. the self-stamped envelope by Friday, January 11, 2008.
Enclosed you will find a Certificate of your appointment and an Oath or
Affirmation of Office which must 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.
After the Oath has been administered, please return one copy to Room 456 in
the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W.
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." .
\
r
Mr. John W. Blankinship
January 7, 2008
Pag e 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 Towing Advisory Board. .
Sincerely,
n,.~~
Stephanie M. Moon, CMC
City Clerk
SMM:ew
Enclosures
pc Timothy Spencer, Assistant City Attorney
Sheila N. Hartman, Deputy City Clerk
Adalina Allicott, Secretary, City Clerk's Office
COMMONWEALTH OF VIRGINIA)
)
CITY OF ROANOKE )
To-wit:
I
,
I, Stephanie M. Moon, City Clerk, and as such City Clerk of the City of
Roanoke and keeper of the records thereof, do hereby certify that at a regular
meeting of Council which was held on the seventeenth day of December 2007,
JOHN W. BLANKINSHIP was appointed as a member of the Towing Advisory
Board for a term' ending October 31, 2010.
Given under my hand and the Seal of the City of Roanoke this seventh day
of January 2008.
~fn.~~
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@roanokeva.gov
SHEILA N. HARTMAN
Deputy City Clerk
CECELIA R. TYREE
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
,
January 7, 2008
Mr. Michael P. Wright)
2911 Cumberland Street, N. W.
Roanoke, Virginia 24012
Dear Mr. Wright:
-
At a regular meeting of the Council of the City of Roanoke which was held on
Monday, December 17, 2007, you were appointed as a member of the Towing
Advisory Board, for a term ending October 31, 2010.
Enclosed you will find a Certificate of your appointment and an Oath or
Affirmation of Office which must be admh:-istered by the Cierk.. 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.
After the Oath has been administered, please return one copy to Room 456 in
the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W.
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."
Mr. Michael P. Wright
January 7, 2008
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 Towing Advisory Board.
Sincerely,
~m.~~
Stephanie M. Moon, CMC
City Clerk
SMM:ew
Enclosures
pc: Timothy Spencer, Assistant City Attorney
"
Sheila N. Hartman, Deputy City Clerk
Adalina Allicott, Secretary, City Clerk's Office
.1
COMMONWEALTH OF VIRGINIA)
)
CITY OF ROANOKE )
To-wit:
I, Stephanie M. Moon, City Clerk, and as such City Clerk of the City of
Roanoke and keeper of the records thereof, do hereby certify that at a regular
meeting of Council which was held on the seventeenth day of December 2007~
MICHAEL P. WRIGHT was appointed as a member of the Towing Advisory Board
for a term ending October 31, 2010.
Given under my hand and the Seal of the City of Roanoke this seventh day
of January 2008.
A~m.~
City Clerk
MEETING AGENDA
WALTER ROBBS CALLAHAN & PIERCE Architects, PA
Project: Market Garage
WRCP Project Number
07-647
Meeting Date
12/17/07
Meeting Location: Municipal Building
Meeting Purpose: City Council Review
VE ITEMS
1. $170,000 - Reduce parapet height from 14'-0" aft. to 4'-0" aft. Eliminate brick veneer, CMU back-up, and louvers on
the parapet and lower the top cornice to create a lower parapet condition around the perimeter. The stair tower
heights would be maintained atthe higher level as currently exists.
2. $190,000 - Change the top level precast cornice from precast concrete to E.LF.S. (stucco variation) with metal stud
backup. The cornice is approximately 80'-0" above the street level.
3. $300,000 - Change the intermediate level precast cornices and panels from precast concrete to ELF.S. with the
metal stud backup. The intermediate level cornices and panels begin at approximately 14'-0" a.U
4. $140,000 - Change the ground level precast panels from precast concrete to E.LF.S. The ground level precast
panels occur from the ground level up to approximately 14'-0" above finish floor level. The application of using
ELF.S. at the ground level of the deck needs to be carefully reviewed to determine what additional protective and
reinforcing measures need to be taken to ensure its successful application.
5. $170,000 - Change the brick veneer on the west and south elevations to E.LF.S. with metal stud backup.
6. $330,000 - Change the brick veneer on the entire building to ELF.S. with metal stud backup.
7. $170,000 - Remove louvers from the west and south elevations. The brick in each opening will be raised 3'-6" to
create a guardrail condition.
$1,300,000 - TOTAL POTENTIAL COST SAVINGS IF ALL VE ITEMS ARE ACCEPTED
DESIGNER RECOMMENDATION
Upon reviewing the potential impact of the above listed cost items to the current Option 1 Fac;:ade Scheme, WRCP
recommends to proceed with incorporating VE Items 1, 2, 3, 4, and 7. The brick fayade remains a very important design
feature in blending with the adjacent historic structures and providing a rich texture and scale. The total potential cost
savings to incorporate VE Items 1, 2, 3, 4, and 7 is $970,000.
If Item 5 is accepted, then the primary north and east elevations would still remain brick. The total potential cost savings
to incorporate VE Items 1, 2,3,4,5, and 7 is $1,140,000. Changing the primary brick fayade to E.LF.S. is not
recommended since the brick component is such an important design feature to the deck.
Walter Robbs Callahan & Pierce Architects, PA/Architecture/Planning/lnteriors
305 W. Fourth St, Suite 2A, Winston-Salem, NC 27101
(336) 725-1371 FAX (336) 725-1465
.^
MEETING AGENDA
WALTER ROBBS CALLAHAN & PIERCE Architects, PA
Project: Market Garage
Meeting Location: Municipal Building
WRCP Project Number
07-647
Meeting Date
12/17/07
Meeting Purpose: City Council Review
Market Garage Renovation Options
SCHEME 1 - NEW FACADE WITH SIX-5TORY CORNER IN FILL WITH RETAIL UPFIT (51 NEW SPACES)
The exterior facades will be restored with brick veneer, precast bands and cornices, and prefinished metal louvers.
The main vehicular entrance will be relocated from Church Street to the alley adjacent to the Fire Station. In the
southeast corner, a six-story infill will occur, providing an additional 49 spaces and a new continuous circulation
pattern. Shell retail space along Church Avenue will be renovated with concrete slab modifications and PME rough-
ins for future upfit The new exterior wall will be extended upward 14 ft. to accommodate future levels (this scheme
only - all other get 4'-0" parapet). The estimated construction cost for Scheme 1 is $6,710,000.00. The total project
cost, including testing fees, soil borings, design fees, and construction contingency for Scheme 1 is $7,640,000.00.
1. Reduce top parapet height from 14'-0" to 4'-0".
2. Change top precast cornice to E.LFS.
3. Change intermediate level precast cornices and panels to ELF.S.
4. Change ground level precast panels to ELF.S.
5. Change brick veneer on the west & south elevations to ELF.S.
6. Change brick veneer on entire building to EIFS.
7. Remove louvers from west & south elevations.
$170,000
$190,000
$300,000
$140,000
$170,000
$330,000
$170,000
NOTE: See attachment for full description of changes. Changes and associated cost savings can also be applied to
Schemes 2A, 2B, 3A, and 3B.
SCHEME 2A - NEW FACADE WITH TWO-5TORY CORNER IN FILL WITH RETAIL UPFIT (7 LESS SPACES)
The exterior facades will be restored with brick, precast, and prefinished metal louvers. The main vehicular
entrance will be relocated from Church Street to the alley adjacent to the Fire Station. Construction of a two-story
corner infill will occur in the southeast corner, providing 6 less spaces and a new vehicular circulation pattern to the
second level of the deck. Upper levels of the deck will maintain their current circulation pattern. Shell retail space
along Church Avenue will be renovated with concrete slab modifications and PME rough-ins to allow for future upfit
The estimated construction cost for Scheme 2A is $5,630,000.00. The total project cost, including testing fees, soil
borings, design fees, and construction contingency for Scheme 2A is $6,510,000.00.
SCHEME 28 - NEW FACADE WITH TWO-5TORY CORNER IN FILL WITHOUT RETAIL UPFIT (7 LESS SPACES)
The exterior facades will be restored with brick, precast, and prefinished metal louvers. The main vehicular
entrance will be relocated from Church Street to the alley adjacent to the Fire Station. Construction of a two-story
corner infill will occur in the southeast corner, providing new vehicular circulation pattern to the second level of the
deck. Upper levels of the deck will maintain their current circulation pattern. The shell retail space along Church
Avenue will not be upfitted. The estimated construction cost for Scheme 28 is $5,540,000.00. The total project cost,
including testing fees, soil borings, design fees, and construction contingency for
Scheme 2B is $6,420,000.00.
Walter Robbs Callahan & Pierce Architects, PNArchitecture/Planning/lnteriors
305 W. Fourth St, Suite 2A, Winston-Salem, NC 27101
(336) 725-1371 FAX (336) 725-1465
.'
MEETING AGENDA
Walter Robbs Callahan & Pierce Architects, PA
Page 2
SCHEME 3A - NEW FACADE WITH RETAIL UPFIT (17 LESS NEW SPACES)
The exterior facades will be restored with brick, precast, and prefinished metal louvers. The main vehicular
entrance will remain on Church Street The existing southeast corner will remain unconstructed. The entire
parking of the deck will maintain its current circulation pattern. The shell retail space along Church Avenue will be
renovated with concrete slab modifications and PME rough-ins to allow for future upfit The estimated construction
cost for Scheme 3A is $4,930,000.00. The total project cost, including testing fees, soil borings, design fees, and
construction contingency for Scheme 3B is $5,770,000.00.
SCHEME 38 - NEW FACADE WITHOUT RETAIL UPFIT (0 NEW SPACES)
The exterior facades will be restored with brick, precast, and prefinished metal louvers. The main vehicular
entrance will remain on Church Street The existing southeast corner will remain unconstructed. The entire
parking of the deck will maintain its current circulation pattern. The shell retail space along Church Avenue will not
be upfitted. The estimated construction cost for Scheme 3B is $4,840,000.00. The total project cost, including testing
fees~ soil borings, design fees, and construction contingency for Scheme 3B is $5,680,000.00.
,""'
(j)
o
C
-I
I
m
r
m
<
)>
-I
o
Z
I
I
(j) I
!~ I
I~ I'
10
I, "'.'"
1m m m m1m!m m
< Im< < <I!<I< <
1m m m m m m
r rrl!ll"
~ ~~ fI,) w~....~c.n '"
E8
G)
:D
o
C
Z
o
r
m
<
m
r
"Tl
r
o
o
:D
"U
r
)>
Z
en
c
Z
--I
:Il
C
en
--I
"U
,
~
~
,~1::~~~~
~
~
FIRE STATION NO.1
)
1
-,-
.",,,-'" tfi
o
J:
C
:Il
o
J:
~
<
rn
NORFOLK SOUTHERN
~
m
Z
-I
::ll:I
-<
m
)>
(J)
-I
m
r
m
<
)>
-I
o
Z
G')
::D
o
C
z
o
r rrrrrr
m mmmmmm
< <<<<<<
m mmmmmm
r rrrrrr
......I\)W,J::l.CJ'1o)
z
o
::D
-I
I
m
r
m
<
)>
-I
o
Z
.-
o
I
C
::D
o
I
)>
<
m
z
c
m
---
G')
::D.
o
c
z
o
r rrrrrr
m mmmmmm
< <<<<<<
m mmmmmm
r rrrrrr
......I\)W,J::l.CJ'1o)
en
o
C
-i
I
m
r
m
<
)>
-i
o
Z
G)
:0
o
C
Z
o
r rrrrrr
m mmmmmm
< <<<<<<
m mmmmmm
r rrrrrr
.......I\)W"J:::.CJ1O>
~
m
en
-i
m
r
m
<
)>
-i
o
Z
G)
:0
o
C
Z
o
r rrrrrr
m mmmmmm
< <<<<<<
m mmmmmm
r rrrrrr
.......I\)W"J:::.CJ1O>
en G)
0 JJ
C 0
-I C
I Z
m 0
r r
m m
< <
)> m FIRE STATION NO.1
-I r
0 " en
c
Z r z
0 -l
:D
0 C
en
JJ -l
"U
r
)> ()
:I:
Z C
:D
()
:I:
)>
<
rn
-c
r
~
)>
(j)
:D
o
C
z
o
r;:; r;:; r;:; r;:; r;:; r;:; r;:;
~ ~~~~~~
r rrrrrr
.......f\)W.J::a.c.nOl
~
NORFOLK SOUTHERN
~
EB
(j) G)
0 JJ
C 0
-l C
I Z
m 0
r r
m m
< <
)> m FIRE STATION NO.1
-l r
0 'T1 en
c
Z r z
0 -I
:D
0 C
en
JJ -I
"'U
r ()
)> I
Z C
:D
()
I
)>
<
rn
-0
r
)>
N
)>
Gl
:D
o
C
Z
o
~ ~~~~~~
~ ~~~~~~
r rrrrrr
.....L1\)c.u~c.ncn
~
NORFOLK SOUTHERN
~
EB
en G)
0 JJ
C 0
-I C
I Z
m 0
r r
m m
< <
)> m FIRE STATION NO.1
-I r
0 " en
c
Z r z
0 -l
:D
0 C
en
JJ -l
'1J
r
)> ()
:I:
Z C
:D
()
:I:
>
<
[T1
'1J
,
~
>
G)
:D
o
~ I
~ "II""
m mmmmmm
< ~ ~I~ ~ ~ ~
~ "I""
-" "'!W ~ 01 Ol
~
~
NORFOLK SOUTHERN
~
EB
en
o
C
-i
I
m
r
m
<
)>
-i
o
Z
G)
::D
o
~ r rJr r r r
m mmmmmm
< < <~'< < < <
m mmmmmm
r rrrrrr
...6.l\)c.u~c.n0l
~
EB
G)
:D
o
C
Z
o
r
m
<
m
r
"Tl
r
o
o
:D
"1J
r
)>
Z
(f)
c
Z
-l
::D
C
(f)
-l
"'0
r
~
>
FIRE STATION NO.1
~
NORFOLK SOUTHERN
~
,.t
)
()
:r:
c
::D
()
:r:
>
<
rn
m
z
...
:::a
-<
C/)
o
C
-i
I
m
r
m
<
)>
-i
o
Z
I
fci I
~ I
~ r rlr r r r
~ ~ ~I~ ~ ~ ~
m m m.l.m m m m
r rrrrrr
~ Ni"'./>.<11 en
~~~
EB
G)
JJ
o
C
Z
o
r
m
<
m
r
'T1
r
o
o
JJ
""C
r
)>
Z
en
c
Z
-l
:D
C
en
-l
\l
r
~
>
FIRE STATION NO.1
~
NORFOLK SOUTHERN
~
)
()
I
C
:D
()
I
>
<
rn
m
Z
-I
::a
-<
s:
::t>
JJ
^
m ...
--l 0
G)
::t> ...
JJ J>
::t> r-
G)
m "
JJ ::a
m 0
z
0 c..
< m
::t> n
--l
0 ...
z n
0 0
""'0
--l fA
0 ...
z
(j) (j)
I C
0 ~
0 ~
--l
0 )>
OJ JJ
m -<
JJ
--L
OJ
-
I\)
0
0
--...J
,~
0 0 0 0 0
" " " " "
... ... ... ... ...
- - - -
0 0 0 0 -
0
z z z z z
w w I\) I\) ......
OJ )> OJ )>
-ffi -ffi -ffi -ffi -ffi
(J1 (J1 0) 0) ""-I
- - - -
0) ""-I ~ (J1 0)
00 ""-I I\) ...... ~
0 0 0 0 0
- - - - -
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
CITY OF ROANOKE
O.FFICE OF THE CITY MANAGER
Noel C. Taylor Mtinicip<'ilBuilding
215 Church A venue, S.W.,1<.00m364
Roanoke, Virginia 24011-1591
Telephoiie: (540Y853"2.333
Fax.: (54()) 853-1138
City Wt>!>:. W\\ivi.roaflOkeVil.gov
NoVember 29,2007
,-,
,:...:,
::;;!
1.-:'
.....
1'1'1
;>r,;1
:::'<:
..
IS.
~J
I-~
r'Ft
I;""")
1$'
\-".
-r,:t
::;;;::
1$:'
~J
J:,:;"
en
The Honorable C. Nelson Harris, Mayor
The Honorable David B. Trinkle, Vice'-Maym
The Honorable Alfred 1. Dowe, Council Member
The Honorable Beverly 1. Fitzpatrick, Jr., Council Member
The Honorable Sherman P. Lea, Coullcil Member
The Honorable Gwendolyn W. Mason, Council Member
The Honorable Bri.an J,Wishneff, Counc;i1 Member
Subject: Emergency Procurement of Construction
Services for Market G~rage
Dear Mayor Harris and Members of City Council:
Pursuant to the requirement of S410f the City Charter, this is to advise Council that I
have approved an emergency procurement of construction services for the Market
Garage~ Such services will involve the removal of all remaining precast concrete wall
panels from the building's facade, This action is being taken as the result of an incident
that occurred on or about November 13, 2007, when an existing precast panel
unexpectedly fell from the fourth level of the parking structure. The panel fell within an
area at ground level that has. been protected with temporary fencing. From
observations made at the site,staff believes that the panel fell as the result of a failure
in one of the tWo connections located at the top of the panel. I believe that the removal
of all remaining precast panels from the garage .is required in order to eliminate any
further possibility of failure in any other of the panels, I have therefore authorized
construction services through Alan L. Amos, Inc. to remove the remainder of the precast
panels. .
Council may recall that in November 2006 the City's consulting engineer, 8utton-
Kennerly & Associates, Inc" presented its report (titled "Condition Assessment and
Evaluation, Market Garage") which documented that the majorityof.connections of the
precast panels to the building's structuralconcreteftame were deficient and in need of
repair. That report prompted the City to have work performed to stabilize (16) existing
panels located above or adjacent to vehicular and pedestrian entrances/exits, That
corrective work was completed in late December 2006.
The removal of the precast pcmels has been anticipated by WalteTs Robb Gallahan
Pierce, Architects (WRCP), the City'scons.ultant developing the design to replace. the
building's fa<;ade. All of the options for the new fa<;ade presented byWRCP to Council
on October 18, 2007, show the removal of the panels; the cost for such work has been
included in the budget figures provided for each option.
Mayor Harris and Members of City Council
November 29.2007
Page 2
The City's consultant, Sutton-Kennerly, hasconfirrnedthat the deck can remain open'
while the panels are temoved., Extren1e caution .is being exercised to protect the public
who move about the garage, those patrons who park in the deck. and the staff Who
oversee parking operations at the. facility. Council should be aware that the precast
panels are essentially "cosmetic" in nature; they are part of the original architectural
treatment and as such are not intended to provide roll-off or fall protection for vehicles
or patrons. A steel barrier cable system provides such protection; that system was
. recently replaced as part olthe. repair projectassociated with the building~spost-
tensioning system.
Council is also advised that temporary wood-framed barriers will be erected where
required to replace precast panels removed as part ofthiseffort. These temporary
barriers are necessary to keep debris and trash from rolling/falling off the exterior edge
of any parking level. The barriers will also be needed to protect vehicles and persons
from damage that could occur from work toinstallthe new facade. The cosHo erect
these b.arriers has been included in the budget to replace thefacade~
Any other services or contractors that may be needed in conjunction with this removal
effort will also be pravidedon this basis, to include the provision of additional anchors
needed to se.curecertainglazedopenings in the building, or to s.ecureor remove any
light fixtures or other similar electrical work. Should any unforeseen construction related
concern arise, additional emergency procurement of professionalengineerin~ services
mayalsQ be needed from Sutton-Kennerly to provide recommendations and/or
sketche$.
City staff will work with the contractor and others during the time the panels are being
removed to validate that the work is conducted in a safe and timely manner. Lastly,we
have been andwill continue to work. to provide asrnuch notice as we can to the
downtown business community and to the public in the removal of these panels and the
installation ofthe new temporary wood barriers.
This is for informational purposes and no action by Council is required.
Resp.ectfully SUb......Aiif~ed,
./'1/
~. . Y.'t/' /J
I f /
. ,. ..., i fi /1. .. /'2 ..
.. '.' .....i~~.~~j&>y~
Darleoe L. B~rcham
City Manager .
DLB:CMA:dps
....m..__......._......~..."...;;..,,-_...~............._._-
Mayor Harris and Members of City Council
November 29,2007
Page 3
c: William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Stephanie M. Moon, City Clerk
Robert Bengston, P.E., Director of Public Works
Sharon Gentry, Purchasing Manager
James Grigsby, .Assistant City Manager for Operations
Debbie Moses, HRCC Director
Philip Schirmer, P.E., LB., City Engineer
Sherman M. Stovall, Director of Management and Budget
R. Brian Townsend, Assistant City Manager for Community Development
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@roanokeva,gov
SHEILA N. HARTMAN, CMC
Deputy City Clerk
CECELIA R. 1YREE
Assistant Deputy City Clerk
STEPHANIE M, MOON, CMC
City Clerk
December 19, 2007
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinan~ce No. 37981-121707 authorizing the City
Manager to execute the necessary documents providing for the conveyance of
Official Tax Map No. 1112411, located at 3Q 16th Street, S. W., to Bella Vita
Holdings, LLC, and dispensing with the second reading of this ordinance.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, December 17, 2007, and is in
full force and effect upon its passage.
Sincerely,
~~ 'rY\,~~
Stephanie M. Moon, CMC
City Clerk
SMM:ew
Attachment
pc: Jesse A. Hall, Director of Finance
R. Brian Townsend, Assistant City Manager for Community Development
Sherman M. Stovall, Director, Management and Budget
Brian K. Brown, Economic Development Administrator
Cassandra L. Turner, Economic Development Specialist
cY)L
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 17th day of December, 2007.
No. 37981-121707.
AN ORDINANCE authorizing the City Manager to execute the necessary documents
providing for the conveyance of Official Tax Map No. 1112411, located at 301 6th Street, S.W.
(former Fire Station #3), to Bella Vita Holdings, LLC, and dispensing with the second reading of
this ordinance.
WHEREAS, a public hearing was held on December 17, 2007, pursuant to SS15.2-
1800(B) ,and 15.2-1813, Code of Virginia (1950) as amended, at which hearing all parties in
,
interest and citizens were afforded an opportunity to be heard on such conveyance.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. The City MaJ?ager and the City Clerk are hereby authorized, for and on behalf of
the City, to execute and attest, respectively, the necessary documents providing for the
conveyance to Bella Vita Holdings, LLC, of a parcel of City-owned property, being Official Tax
No. 1112411, located at 301 6th Street, S.W., for the consideration of $171,000.00, upon the
terms and conditions set forth in the City Manager's letter to this Council dated December 17,
2007.
2. All documents necessary for this conveyance shall be in form approved by the
City Attorney.
3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of
this ordinance by title is hereby dispensed with.
ATTEST:
~'rn.~
City Clerk.
0- Third Street conveyance 8-20-07
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
City Web: www,roanokeva.gov
December 17, 2007
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: Sale of City-Owned Property -
301 6th Street, S.W.
Background:
Interactive Design Group located at 119 Norfolk Avenue, Suite 330 in Roanoke,
Virginia, has offered to purchase a City owned parcel (Tax Map Number
1112411), the former location of the City of Roanoke Fire Station #3, located at
301 6th Street, S.W. The offer is $171,000. The prospective purchaser,
Interactive Design Group, which is in the process of forming a holding company
designated as Bella Vita Holdings, LLC., the name under which it requests to
take title, plans to renovate both the exterior and interior of the building and
relocate their architectural firm to this location. No conditions are proposed for
the sale that would require the purchaser to renovate or retain the building,
however.
Recommended Action:
Authorize the City Manager to execute such further documents and take such
further action as may be necessary to accomplish the above matter, including
execution of a deed of sale, and to complete the sale of the property to
Interactive Design Group or its holding company, Bella Vista Holdings, LLC. All
such documents are to be approved as to form by the City Attorney.
Honorable Mayor and Members of City Council
December 17, 2007
Page 2
Respectfully submitted,
Darlene L. Bur. ham
City Manager
DLB:c1t
c: Stephanie M. Moon, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
R. Brian Townsend, Asst. City Manager for Community Development
Brian K. Brown, Economic Development Administrator
Cassandra L. Turner, Economic Development Specialist
CM07-00192
/
Exemption Claimed: Grantee is exempted from recordation taxes
and fees pursuant to 58.1-811A(3), Code of Virginia.
Prepared by the Office of the City Attorney
Tax Map No. 1112411
Property Owner: City of Roanoke
THIS DEED, made and entered into this
day of
200_, by and between the CITY OF ROANOKE, VIRGINIA, a municipal corporation
organized and existing under the laws of the Commonwealth of Virginia ("Grantor"), and
BELLA VITA HOLDINGS, LLC, a Virginia limited liability company ("Grantee"),
WIT N E SSE T H:
IN CONSIDERATION OF the sum of ONE HUNDRED SEVENTY ONE
THOUSAND AND NO/DOLLARS ($171,000.00), cash in hand paid by the Grantee and
other good and valuable consideration, the receipt, adequacy and sufficiency of which is
hereby acknowledged, the Grantor does hereby GRANT and CONVEY in fee simple, by
Special Warranty, unto the Grantee, its successors and assigns, all that certain lot or parcel of
land lying and being in the City of Roanoke, Virginia, and more particularly described as
follows, to-wit:
Tax Map. No. 1112411
BEGINNING at a point on the S. side of Rorer Avenue, 100 feet W. from the
comer of Grove or 6th Street and Rorer Avenue; thence in a southerly
direction with the line of Dudley S. Yates lot to an alley; thence with said
alley in a westerly direction 25 feet to a point on same; thence in a northerly
direction to Rorer Avenue; thence in an easterly direction with Rorer Avenue
25 feet to the place of BEGINNING; and
BEING the same property conveyed to the City of Roanoke, Virginia, by
deed from C.E. Hunter, Special Commissioner, dated August 15, 1945,
recorded August 20, 1945, in Deed Book 715, page 411, in the Clerk's
Office, Circuit Court, City of Roanoke, Virginia, formerly Hustings Court for
the City of Roanoke, Virginia.
To have and to hold unto the Grantee, its successors and assigns forever. This
conveyance is made expressly subject to all recorded conditions, reservations, easements and
K:\david\Deeds\301 6th Street Fire Station No.3 1112411 12 07.doc
restrictions affecting title to the property herein conveyed, including existing easements for
public roads and highways, public utilities, railroads and pipelines.
WITNESS the following signatures and seals:
GRANTOR:
CITY OF ROANOKE, VIRGINIA, a Virginia
municipal corporation
By
Darlene L. Burcham, City Manager
(SEAL)
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF
)
), to-wit:
The foregoing instrument was acknowledged before me this _ day of
, 200_, by Darlene L. Burcham, the City Manager for the City of Roanoke,
for and on behalf of the City.
My commission expires:
SEAL
Notary Public
Approved as to Form:
Assistant City Attorney
K:\david\Deeds\301 6th Street Fire Station No.3 1112411 12 07.doc
The Roanoke Times
Roanoke, Virginia
Affidavit of publication
The Roanoke Times
- ----- - - - - ----------- ---- ----- -- ---------------- --+- - -- -- - --- ---- - ---------
OFFICE OF ECONOMIC DEVELOPMENT
111 FRANKLIN PLAZA STE 200
ROANOKE VA 24011
r -';OTlCE OF PUBLIC
HEARING . .
REFERENCE:
80084300
10637550
Bella Vita Holdings
Interactive Design Group
desires to purchase certain
City own,ed property
.deslgnated as Tax Map No,
11112411, contaln.lng
approxim.ately 18,655
I square feet, located at
I 301-6th Street, S,W. (the
former Fire Station No, 3
: property). The company Is In
the process of forming a
new company, 8ella Vita
Holdings, LLC, under which it
has requested to take title. to
the property, .
Accordingly, pursuant to
the requirements of
~~15.2-1800(B) and 1813,
Code of Virginia (1950) as
amended, the City proposes.
to co.nvey the above
described property.to Bella.
Vita Holdings, LLC, Notice Is'
hereby given that the City.
Council of the City of.
Roanoke will hold a public
hearing on the above mailer
at its regular meeting to be,
held on Monday, December,
17, 2007, commencing at:
7:00 p.m" in the Council
Chambers, 4th Floor, Noel C,:
Taylor Municipal Building,:
215 Church Avenue, S.W.,:
Roanoke, Virginia, 24011.,
,Further Information ISI
. available from the Office of'
the City Clerk' for the City ofl
, Roanoke at (540) 853-2541"
I Citizens shall have the:
: opportunity to be heard and
,express their .oplnlons on'
I said mailer. ,
, If you are a person with a
,disability who needs
laccommodations for this i
i hearing, please contact the
City Clerk's Office at (540) I
,853-2541, before 12:00,
'n 0 0 n. 0 n. T h u r s day,
I December 13, 2007.
, GIVEN under my hand this
14th day of December, 2007,
. Stephanie M, Moon, CMC,
i City Clerk
State of Virginia
City of Roanoke
I, (the undersigned) an authorized representative
of the Times-World Corporation, which corporation
is publisher of the Roanoke Times, a daily
newspaper published in Roanoke, in the State of
Virginia, do certify that the annexed notice was
published in said newspapers on the following
dates:
City/County of Roanoke, Commonwealth/State of
Vir5J.~nia. Sworn and subscribed before me this
__L~~day of December 2007. Witness my hand
and official seal.
~~~~_~~- ~__A llotary P\U\blic
My ;~;;;;i~~i~~~p i ~~f3{J~~i ~. '3l-
--------------------
'PUBLISHED ON:
\\\"""""
",,~O'( A J .. ""
",^~ ".,'",:--""1)-;,_',,,
" eX ~ " t, ~"?:. '
~ <ij " NOTARY", ~ -:.
: :' PUBliC ". "'t- :.
~*'R . ..
~ : EG, #7090930 : .:,:. ,
- ....... MY COMMISS'ON . *.,.,.,,...'
:. \.,,, -. ' I. I : .=!~~"
- o. J!<:PIRES . .....".
- ~ ... -":l I J .' .:"C,)'~;:..
-:.~. "; ~""(':'" ..' ~.:.:'
....(/,1_ .. . ~"":.
TOT AL CO S T : 195 . 0 0 ...'~,.r!1t4.L.T'''H...''Q.~ ,-\\~,~'.'r
/ / II, \\\
FILED ON: 12 07 07 "'"11\\\\
--------------------------------------------------+------------------------
12/07
(10637550)
Authorize~ ~ 'ff/r-hjL A , .
signature'~~~----l~~illing Services Representative
,<<...'''_...;r.....''.."u',;...
_._-~-_.-
D~L
NOTICE OF PUBLIC HEARING
Interactive Design Group desires to purchase certain City owned property designated as Tax
Map No. 1112411, containing approximately 18,655 square feet, located at 301-6th Street, S.W. (the
former Fire Station No.3 property). The company is in the process of forming a new company,
Bella Vita Holdings, LLC, under which it has requested to take title to the property.
Accordingly, pursuant to the requirements of ~~15.2-1800(B) and 1813, Code of Virginia
(1950) as amended, the City proposes to convey the above described property to Bella Vita
Holdings, LLC. Notice is hereby given that the City Council of the City of Roanoke will hold a
public hearing on the above matter at its regular meeting to be held on Monday, December 17,2007,
commencing at 7:00 p.m., in the Council Chambers, 4th Floor, Noel C. Taylor Municipal Building,
215 Church Avenue, S.W., Roanoke, Virginia, 24011. Further information is available from the
Office of the City Clerk for the City of Roanoke at (540) 853-2541.
Citizens shall have the opportunity to be heard and express their opinions on said matter.
If you are a person with a disability who needs accommodations for this hearing, please
contact the City Clerk's Office at (540) 853-2541, before 12:00 noon on Thursday, December 13,
2007.
GIVEN under my hand this_day of
,2007.
Stephanie M. Moon
City Clerk
N-Bella Vita Holdings, LLC - 301-6'h St- former fife station no. 3 12-3-07
,---- ,
~CCd txelf\\ I"Y\. t~\...\ ro.-.-re..' i~ ()Qd-fQ... fl't.Oe i
, 'J 1 c.~v1Cl \.V\I\\~t"n "ISh .
, Pi c"* , I--LJ,0.~""'O (-t Ol'{ ",,",~'-"'3 ~l~"~i
, to (Yp.UCi( """ C.lff. r'\rl. .,.".,,\ I O.r-.-\, _ '00~ ~f..ot;.\\-. '
-:::J---- -+, ~-~('M5(l-~~~Ju..5 ..
f,-\)OC1'Ce'. N~. VO~~f fee-. ~l.~_~_-8:)_D_~
~Je::)~~ ("e~~~Q.~VQ:>~.{'o~~ C'~~_~\b_ca:i:m:n~~~
I . /".t;:)\.P _ ~ . '.
~.:::'~Cc,ncH8-}~~.LlLm.{~SJ[(:~ re((;J_fix~OP~t-t~'0i!420~
~.~tL-...t9~ ",Qh'l3~Q~ -+'r)e .~+'V..L._-1
'I.' \. fi" ' of' \ J.~~ -~...... I,
l_t:C\~Om1.(),ncl ~.Q. C~t\~ -=tf1~~_Q:L..r::7.\;J\:R:..~
, .. l\llll~~~"',. ~~r. 33 . &C'lhe~ '- '
~~~e(\ce. ~ +he fv..:.tn<<1C.' ~&-Cof:1:fecooce~
_.:q~~J_~_~~ tnq~_~C;;li:n1)U~;On .(~
n _c1ffevef\f ~ c:.."kr>-;~lJ;Ye_CoJ:t:ll'r:aD-.-id~.~ i
k C:orlcer n~ ctoU+ prabl ~ (,,0..)1'\ 't) I i\ au. ( Co\'()f\"lU f'\ I -\- ~~ ;
,/ . . ...."\
[
: \:It:~SI~I~. ..,.,.~fiB~~~f1,~fI.fjfVJ7'~~~'~....<!.
~~~:;'G),~';~__2':c~2.z.=..2~.:':'='" ..~ ~~":;i.';---.-J
~~~~$!f~~~.f'r~~~zt~.. .
~~~'Y\":}";;'~;'\ie:"~;~~.'.';~."flt~"-""';"b...'".~.. ..... I
~~'ii~~"'~~"';~~~~"'I:
Ij~<let/ .".;"("Y.1: .... . .. j'("~IC;^,~4.~+-' t;-,J.. . .. .
[:..,.>~~~~..... .,.~ ~~~e ~.~):.. ~~'2i..~.~rd. .\n.\<e,. )n....l~~,..!
'.", ,.. .,..... .;,.,.... .."A~"'.'.;-'''':~'.'''.''''t~
1...ii;i:...i..:,.I.... ......................' "<.,". .. ... ... . \...:~"!.,i.~~~{~~
I, I~ II\. . 04.. . ~
~ve ~I~lu. . 'rl'.'
1'~.~:iI;{F
: 01hu:1D Ore role rncd~? 'iff... C'a.n
~ -- - --;-- ~--.~~-~_- "- __.._ _ ~Jfi
-
,
-.
1k, . NJbonJI L1:.Jj~ ~f ' Clie> &,,!erel1cf. I held In
NelJll D(I~~I\5_,_L o14i.si~~J Jl^(;rJk -Ii; rd If{ffk J N oYe.1VI ber r.NiJS
I
;) tlAt1} 5 h oc k ;11J-J-a.Y1 J ;ntue5.}-;~~~f-'Ui C!i.e.e ~( Mt/l1bU5
ot AoaY\D~e I S VI1L4~ . . atlJ SkefMJh Le'il Jr. .-# 13;'"
rO/'ll/"l1$5/011
l)~A in. 1 5f-fd~ tl 1.45 JIl. t'~1l 7of-i?J_I w:)) J/loue; h
. -h~l~el 'dl'l~ (If-reSUlt RO;Jnu/lt. ;t\5/Ach J h0~ tjSh,'dfl. .
~'^(;t\~ .fk, CH1tt(tflef ali y.owfh Je/~*t5 AcJ }ki( &VlII
'Vlfe~r~r '~nJ :lC~1/I'h'f~ 0 k f-Mticlf-;7te Ifl. vJe, Mtt lhU(5J~~ i
frh~h_~t1J S~ta(JjJll . ordef to E'xchmq t I ' I/J rlOJA}
111 "!'fW) of(
c;~ i'1Uf5 ,oJ f~,iJe1J,,'re kh' N~Ji,n.1 _Lf~14 ",f Cih'eJ
un h.w..jt frlM,h '''It" 1ullih ' ~i(h'ci(lal"Mt" t~ """ fl" Hi ~'Jy V~
-. 2ilJJJ~'Of/ Jm', il. l'f'(jb,/e iiriJrk5hll ~ WO(k5)1OP IncJ~~d d
~;5it J T~I~nt Ur);iUS;~ dY\J a blA5 ~L({ -thn'h\ Nw- Orl(~ns fnvX'~
fk l8L4Iu 11',Jk ~ -hr.5te" ff-v dU;J51jfeJ orer/i. tkre vI&frt ~ ftJi/
~ ;'ttfh I
dd~~ Cl#tnd" , ~'" C(1)-Hfen C t fhf)f lived If) New. Odan5 ~
held ~(UTf1 ~ . diSCl.1sil'l~~~~V.dll~ ' ftoi1~ 1,
&
i)rt p-;)('~ciP-1b-:9 I~ 14 C;~' '5, reCOVMV e.\fwb.
I
,.
On ~~~ vJtl\t -tv 1k OfUli., , eJte(d\ r ~4re
we 5eS5/ofl
I[JIl,. lIsten e~ to reM\}(~; JoWl N ~ 0 rle'iJl'/S MaYQ( ~dY~'ft
\ anJ ~f NJ~onl}l L{)a~'e., vi, Cj1hes 04bC;;J 15. IHtCiY vJiV'fd & YUL1Ji
Jtl~(l~e,5 Mtt . '. u\,\( COI1JueJtce ro'UVIQ fu Lve (}r;en-t~tim , ~el€-
"\
tJ~ lfJa~ ;ohr~ rl~~ GonfE1lnC€ d8~rrdaJ we, Peqi111 # fYleet eacn
1/
fR<<J cl'1~ Wt 1~1\ (neJ W11C~t 011\( pIA(fo;e WJ5 J -Ik Cftnt<<fJrce
-. .0'
t .
Good A~ Mayor and City Council members.
My name is Megan Buschor, I am a sophomore at Patrick Henry High
School and Chair of the City of Roanoke Youth Commission.
New Orleans:
Members of the Roanoke City Youth Commission headed to New
Orleans last month, for the National League of Cities Conference. We
didn't really know what we were getting into. We thought it would just be
another conference where we didn't know what was going on. When we
- . '4 .
got to the session on Thursday morning at 9:00, 10:00 Roanoke time, it was
pretty packed with the adults. We then went to the youth delegate
session and walked into a room full of youth from all over the United
States. We met people from Tampa, Florida, Ottawa, Kansas, New
Orleans, Louisiana, Oregon, Texas, Michigan and Idaho. We sat down at a
table and were asked many questions about our city such as, "What is a
big problem for your youth?" and "What do you do as a youth councilor
commission?" The first night out on the town we went to a Cajun
restaurant right down the street from our hotel. We were told they had a
live band and jumbo!! As we finished our dinner Patrick and Mrs. Vaugh-
howard hit the dance floor learning the new Cajun dance. Many people
dancing would just come to our table so we could learn. The next day at
our sessions we listened to students around the New Orleans area talk
about how they were affected with the Hurricane. Thomas, a student we
met from New Orleans told us "We don't want your money, and we don't
want your sympathy, we just want you to remember what you see down
here." As we toured Tulane University and the City where the hurricane hit
made me realize this could have been anyone. We drove by many
houses with just front porches nothing else. We walked on the streets and
saw 6-9 year olds taping and dancing their feet for money so they can
live. Some youth were taken away from their parents and still haven't
been able to get in touch with them. Tents were set up in front of City Hall
because they we not doing anything about their housing so they camped
out in front of City Hall until they are to change it. They don' t show you
that on television. This experience for me is something I will remember for
the rest of my life. Watching it happen on television was completely
different than what I saw while I was down there. Made me realize how
grateful I am for my city, my family, my friends and my fellow citizens. I
bring back with me, passion to make a difference in my community and
strength to get it done. On Behalf of the City of Roanoke Youth
Commission we would like to thank Mrs.Vaughn-Howard, Sherman Lea Jr.,
City Manager Mrs. Burtchum, Councilman Alfred Dowe, Mayor Nelson C.
Harris and members of city council for letting us have this experience.
Thank you.
lameel A. McMillan
3730 Stony Fork Road
Moneta, VA 24121
November 20, 2007
Members of the City Council
Roanoke, Virginia
Dear Council Members:
I would like to personally thank you for allowing ~ to t~ the educational trip
to the Congress of Cities Conference in New Orleans, Louisiana~fconsider the trip to be
a unique experience and a once in a lifetime opportunity. While in New Orleans;Jt\Ve
learned and experienced many new, extraordinary things. During the Youth Leadership
Conference, many excellent and inspirational ideas were discussed including getting
more youth involved in the community; providing more exciting community centers for
the youth; and allowing youth to voice their opinions in certain political events. These
ideas are just a few out of many ideas tha~ould like to bring back to our City of
Roanoke. we
While in New Orleans, our group visited many places, but the place that stood out
the most was the hurricane-devastated sites, especially the lower 9th Ward. What shocked
me the most was the lack of progress on the rebuilding effort. It has been two years since
Hurricane Katrina, but there are still houses that have not been gl.H~j.~r rebuilt. When
the houses are rebuilt, because of inflation, the price of these rebuilt houses is too high for
the New Orleans residents to afford to live i~. Additionally, I was shocked by how
many people are still homeless.
The Congress of CJ!ie_s C9L11erence in New Orleans was an excellent and eye-
opening experience for me.")\g'ftPri:~like to take this opportunity to thank members of the
City Council and the City of Roanoke Department of Parks and Recreation Youth
Division for allowing uai"to attend this conference in New Orleans.
{,l,.$
lameel A. McMillan
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@roanokeva.gov
STEPHANIE M. MOON, CMC
City Clerk
December 19, 2007
Mr. Christopher H. Waller
102 Albemarle Avenue, S. E.
Roanoke, Virginia 24013
Dear Mr. Waller:
SHEILA N. HARTMAN, CMC
Deputy City Clerk
CECELIA R. TIREE
Assistant Deputy City Clerk
I am enclosing copy of Ordinance No.3 7982-121707 rezoning Official Tax Map
No. 6021102 located at 100 Westside Boulevard, N. W., from 1-2, Heavy
Industrial District, to 1-1, Light Industrial District, as set forth in the Zoning
Amendment Application No.1 dated October 23, 2007, and dispensing with the
second reading by title of this Ordinance.
The above referenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, December 17, 2007, and is in
full force and effect upon)ts passage.
Sincerely,
.~.~
Stephanie M. Moon, CMC
City Clerk
SMM:ew
Enclosure
pc: Mr. Lawrence Smith, 1710 Westover Avenue, S. W., Roanoke, Virginia
24015
Steven J. Talevi, Assistant City Attorney
Susan S. Lower, Director, Real Estate Valuation
Philip C. Schirmer, City Engineer
Martha P. Franklin, Secretary, City Planning Commission
~s\o1
IN.THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 17th day of December, 2007.
No.. 37982-121707. r
AN ORDINANCE to amend S 36.2-100, Code of the City of Roanoke (1979), as
amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5,
2005, as amended, to rezone certain property within the City, and dispensing with the
second reading ofthis ordinance by title.
WHEREAS, Roanoke Electric Steel, has made application to the Council of the
City of Roanoke, Virginia ("City Council"), to have the property located at 100 Westside
/
Boulevard, N.W., bearing Official Tax No. 6021102, rezoned from 1-2, Heavy Industrial
District, to I-I, Light Industrial District;
WHEREAS, the City Planning Commission, after giving proper notice to all
concerned as required by 936.2-540, Code of the City of Roanoke (1979), as amended,
and after conducting a public hearing on the matter, has made its recommendation to City
Council;
WHEREAS, a public hearing was held by City Council on such application at its
meeting on December 17, 2007, after due and timely notice thereof as required by 936.2-
540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in
interest and citizens were given an opportunity to be heard, both for and against the
proposed rezoning; and
WHEREAS, . this - Council, after considering the aforesaid application, the
recommendation made to _ City Council by the Planning Commission, the City's
Comprehensive Plan, and the matters presented at the public hearing, finds that the public
necessity, convenience, general welfare and good zoning practice, require the rezoning of
, . /
K:\Susan's Documents\Talevi\Measures\2007\0-Electric Steel 100 Westside Blvd, NW - rezone-12-17-07 .doc
the subject property, and for those reasons, is ofthe opinion that the hereinafter described
property should be rezoned as herein provided.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that:
1. Section 36.2-100, Code of the City of Roanoke (1979), as amended, and
the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as
amended, be amended to reflect that Official Tax Map No. 6021102, located at 100
Westside Boulevard, N.W., be and is hereby rezoned from 1-2, Heavy Industrial District,
to I-I, Light Industrial District, as set forth in the Zoning Amendment Application No.1
dated October 23,2007.
2. Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
ATTEST:
~~YY\.~~
i City Clerk. _
K:\Susan's Documents\Talevi\Measures\2007\0-Electric Steell00 Westside Blvd, NW - rezone-12-17 -07.doc
CITY OF ROANOKE
PLANNING BUILDING
& ECONOMIC DEVELOPMENT
215 Church Avenue, S.W., Room 166
Roanoke, Virginia 24011
Telephone: (540) 853-1730 Fax: (540) 853-1230
E-mail: planning@roanokeva.gov
Architectural Review Board
Board of Zoning Appeals
Planning Commission
December 17, 2007
Honorable C. Nelson Harris, Mayor
Honorable David B. Trinkle, Vice Mayor
Honorable Alfred 1. Dowe, Jr., Council Member
Honorable Beverly T. Fitzpatrick, Jr., Council Member
Honorable Sherman P. Lea, Council Member
Honorable Gwendolyn W. Mason, Council Member
Honorable Brian J. Wishneff, Council Member
Dear Mayor Harris and Members of City Council:
Subject:
Request from Roanoke Electric Steel to rezone property
located at 100 Wests ide Boulevard, N.W., bearing Official
Tax No. 6021102, from 1-2, Heavy Industrial District, to 1-1,
Light Industrial District, for the purpose of constructing a
building for general office use.
Planning Commission Action:
Planning Commission public hearing was held on Thursday, November 15, 2007.
There was no one present to speak for or against the request. By a vote of 7-0,
the Commission recommended that City Council approve the requested
rezoning.
Recommendation
Bya vote of 7-0, the Commission recommends that City Council approve the
rezoning request, finding that rezoning the subject properties to be consistent
with the Zoning Ordinance, Vision 2001-2020, and the Peters Creek South
Neighborhood Plan. The 1-1 District's dimensional regulations and uses will
permit development of this underused industrial property.
Respectfully submitted,
~~'
Henry Scholz, Chairman
City Planning Commission
..
Members of City Council
Page 2
December 17 I 2007
cc: Darlene L. Burcham, City Manager
R. Brian Townsend, Assistant City Manager
William M. Hackworth, City Attorney
Applicant's Representative
'-
Members of City Council
Page 3
December 17, 2007
Application Information
Request: Rezoninq (no proffered conditions)
Applicant: Roanoke Electric Steel.
Representative: Christopher H. Waller, LMW PC
City Staff Person: . . Maribeth B. Mills
Site Address/Location: 100 Westside Boulevard N.W.
Official Tax Nos..~ 6021102
Site Area: 1.5 Acres Total
Existing Zoning: 1-2, Heavy Industrial District
Proposed Zoning: 1-1, Light Industrial District
Existing Land Use: Surface Parkinq Lot
Proposed Land Use: Office, General or Professional
Neighborhood Plan: Peters Creek South
Specified Future Land Single-Family
Use:
Filing Date: Original Application: October 3, 2007; Amended
Application No.1: October 23, 2007
Background
The applicant requests a rezoning of the property from 1-2, Heavy Industrial
District, to 1-1, Light Industrial District, to allow construction of a 15,000 square
foot general office building that will be used in conjunction with the existing plant.
The proposed building will be elevated to accommodate parking underneath,
resulting in a building with a total height of 38 feet. Additional parking will be
created to the side of the building in a two-level parking structure, for a total of 50
parking spaces. From the existing surface parking lots on the property that
currently serve the plant, 45 spaces will be retained. Traffic patterns will be
unaffected with commercial trucks accessing the plant from Steel Drive and
personal vehicles accessing the plant from Westside Boulevard. Once this
project is completed, the existing office building on Official Tax No. 6021101 will
be demolished. Employees who work in the existing office building will be
relocated to the proposed office building.
Considerations
Surroundinq Zoninq and Land Use:
Zonina District Land Use
North R-5, Single-Family Vacant
Residential
South R-5, Single-Family Single-family dwelling and vacant
Residential parcels.
East 1-2, Heavy Industrial Manufacturinq: (Roanoke Electric Steel)
West R-5, Single-Family V aca nt
Residential
Members of City Council
Page 4
December 17, 2007
Compliance with the Zoninq Ordinance:
The applicant requests the rezoning for reasons directly relating to regulations
set forth in the Zoning Ordinance. First, a general office is not permitted as a
principle use in the 1-2 District. Second,the 1-2 District requires a minimum thirty
(30) foot front yard setback from Westside Boulevard which, due to steep
topography, would re.quiresignificant grading to accommodate the proposed
building. It should be noted, that an application to vacate the portion of Wests ide
Boulevard that traverses through the property has been filed. While this
application would address the setback issue, having an office and a principle use
would still be prohibited under the current 1-2 zoning. The 1-1 District will
accommodate both the proposed use and the shallower setback from Westside
Boulevard NW.
No proffered conditions are proposed. Therefore, the property would be bound
only by the dimensional and use regulations of the 1-1 District. While 34.
additional permitted uses would be allowed in the 1-1 District, they are of a less
intensive nature than those permitted in the 1-2 District.
The location and configuration of the proposed building will be affected by the
property's location in the FEMA 100 Year Floodplain. The Floodplain Overlay
District requires all buildings constructed in the floodplain to be in strict
compliance with flood proofing and related provisions contained in the Virginia
Uniform Statewide Building Code and to be elevated a minimum of two (2) feet
above the;base flood elevations. The property is also located in the River and
Creek Corridors Overlay District which gives additional protection to the Roanoke
River and its tributaries. This overlay district will require a fifty (50) foot riparian
buffer from the bank top of Peters Creek.
Components of the development including use, dimensional standards, parking,
lighting, landscaping, buffer yards, and signage will be required to meet the
regulations of the Zoning Ordinance during the Comprehensive Development
Plan review process.
Conformity with the Comprehensive Plan and Neiqhborhood Plan:
Vision 2001-2020 stresses the importance of supporting Roanoke's industries as
they not only help the City's economy but also provide jobs to its citizens. .
However, in recent years Roanoke's economic base has transitioned from a
manufacturing economy to a modern service economy: When the City's
Comprehensive Plan was written, manufacturing had dropped to the 3rd largest
industry in the City. .In response, the City has set up numerous incentives for
industry such as the Enterprise Zones to encourage expansion; The subject
property is in Enterprise Zone One A which was established in 1984 along the
main east-west tracks of the Norfolk Southern Railroad. However, expansion of
Roanoke Electric Steel onto this site is limited due to physical limitations created
Members of City Council
Page 5
December 17, 2007
by the floodplain and steep topography. Therefore, taking advantage of these
incentives under the site's existing zoning is unlikely.
Rezoning the subject property to 1-1 District will create a transition between the
. plant and its residential neighbors. Rather than extending the intensive
manufacturing components of the plant to/the edge of the 1-2 District, an office
building would provide a buffer between the plant arid residential areas. The
transition between residential development and the plant will be transformed from
a surface lot surrounded by a chain link fence to an office building and parking
structure.
The following policies of Vision 2001-2020 are relevant to this application:
. EC P4. Environmental quality. Roanoke will protect the environment and
ensure quality air and water for citizens of the region. Special emphasis will
be placed on the Roanoke River and its tributaries.
. . ED P5. Industrial development. Underutilized and vacant industrial sites will
be evaluated and redevelopment encouraged. Local policies and incentives
and state economic incentives will strengthen the businesses and industries
in the Enterprise Zones and provide jobs.
The following policy of the Peters Creek South Neighborhood Plan is relevant to
the application:
. Economic Development Policies
a. Roanoke will encourage good relationships between commercial
and residential development through thoughtful site and building
design, landscaping, and transitional uses.
City Department Comments:
The Building Division and Engineering Department requested that the limits of
the Floodway, 100 Year Floodplain and 500 Year Floodplain be shown on the
concept plan to graphically show their relationship to the proposed building.
These features were added to the concept plan provided in the first amended
application.
.. .c,ZJ~]ij:O(gk,:4lil~n~~.nl~Jl~":".'.'...
<.. ....'II+ty.~:B}!!;f;~~f:..'....':'I";J!'.'.;'..i!1i.;.Bh;.,-~.;.%%g}?~tV"'-"~'.f,..:;~~;4/';::'L.(..:..;..:..
jl4nn lea ..Ion:
~:;~:~''';~r.>:' "'i-':," R' ~"::~~':':i:,;",;':?f:~~:~}>~:~::\::~:'~:;~~g~:?r:/(:.;::::!r.~>~~:,~ ~~'~-~~i"~=:'>!-'.~ 7\::' .',:'-: '.,
Department of Planning, Building and Development
Room 166, Noel C. Taylor Municipal Building
215 Church Avenue, S.w.
Roanoke, Virginia 24011
Phone: (540) 853-1730 Fax: (540) 853-1230
~~~~~g11D.rlC#lf
Date: 10ct 23, 2007 .1 Submittal Number: IAmended Application No.1 I)
.~ eaii~s.~;' (~i#J!~!~~:rr!'~~r~~'~:f~ml;,F
[8J Rezoning, Not Otherwise Listed 0 Amendment of Proffered Conditions
o Rezoning, Conditional 0 Amendment of Planned Unit Development Plan
o Rezoning to Planned Unit Development 0 Amendment of Comprehensive Sign Overlay District
o Establishment of Comprehensive Sign Overlay District
p,.oP't!'rty IfI!or.~~~!~~:;'fr
Address: {wA- \ 0 0 .. WeS1-5',J-e ""B \vd 'h W
Official Tax No(s).: 16021102
Existing Base Zoning: I
(If I. I . II II d' . ) 1-2, Heavy Industrial
mu tip e zones, please manua y enter a Istncts. . ...
Ordinance No(s). for Existing Conditions (If applicable): IN/A
Requested Z~ning: 11-1, Light Industrial . I Proposed Land Use:
,pr~..~~!!~~~g~J';~~~~:~
Name: IRoanoke Electric Steel
I 0 With Conditions
o Without Conditions
10ffice, General
I
I
I Phone Number: +1 (540) 342-1831
I
I
E-Mail: I
Property Owner's Signatu
.~~.P.!!~.~!i!,!~!!r~~~J!!;~-L'!:!!a!J'!:;~"t~tl~
Name: IN/A I Phone Number: I
Address: I .1 E"Mail: I I
Applicant's Signature:
Aut h'orii'e d. AJ€j"enf:lnformatic)"n: (tftapplica.I)"e:l=
~...i..:,-,':t;>.".,.;..,.;~:.!~,.:.~:;.~.:'tii;;~~:~~~,(~-i1~~~.Jl,iiA~~~;,..:~~f;<::.$"......::it-:.:~.:%~~~,~";:;~
Name: /LMW PC (Christopher Hadl Waller)
Addre~~: 1102Albemarle Ave. SE - Roanoke VA 24013
j1 " ~ ...J-.-_ "j}, ;' , /'
l fuci.:~Jj0;'Q/tJ . . I~ J (.Jl1~rL--. .
Authorized Agent's Signature:
I Phone Number: I +1 (540)345-0675 I
I E-Mail: !rmweng@lmw.roacoxmail.com . I
To whom it may concern,
Let it be known that Roanoke Electric. Steel Corporation is requesting to rezone a 1.51
Acre Parcel in Roanoke, Virginia from 1-2 Heavy Industrial to 1-1 Light Industrial. The
property is located at the end of Wests ide Boulevard and has the tax number 6021102.
Currently, the parcel is used as a parking lot for the adjoining steel plant. The owner
wishes to build a general office building on the property that will be an accessory use to
the plant. General office buildings are not im allowed use in the 1-2 district, but are
allowed in the 1-1 district. There is a steep bank behind the existing parking lot, this bank
will be disturbed, and a retaining \\lall will be added. In the 1-2 district a 30' minimum
front yard setback is required, this encompasses the developable area of the property. In
the 1-1 district there is no minimum front setback. The property adjoins eight other
parcels that are all owned by Roanoke Electric Steel as well. Three of those eight
properties are zoned R-5 and the others are zoned 1-2. The property also adjoins tax
number 6021006; a residentially zoned property owned by Lawrence Smith. The owner
feels thatthe proposed development will not create enough new jobs to generate more
than one hundred (100) vehicles per hour during the peak traffic hour of any adjacent
street, or more than one thousand (1,000) vehicles per day. The completion of this
project will be followed by the demolition of an existing office building that sits on tax
number 6021101. The employees, who occupied the demolished facility, will relocate to
the newly constructed one. This will not generate a significant increase in the number of
commuters on Westside Boulevard. There is an existing parking lot located on the
opposite side of Wests ide Boulevard, this development will not cross Westside
Boulevard, and the existing parking lot shall remain as is. The owner feels that by down-
zoning the property, it will create. a buffer between the residentially zoned property and
the industrial zone at the end of Wests ide Boulevard. The proposed building will have
underground parking, placing the first floor above the floodplain on the property. This
will be a positive change on the surrounding neighborhood. Property such as this is not
readily available in the City of Roanoke, Roanoke Electric Steel needs industrially zoned
properties to continue to strive inside of a growing market. The owner feels that if the
City will kindly allow the zoning amendment that it will be an improvement to the.
Cherry Hill Neighborhood, and will coincide with the City's Comprehensive Plan;
R?,rUIIY'.-r p
&it~JV
Christopher H. Waller, EIT, SIT
~~/(/
(f)
G>
.. z
f?-
OJ
~
OJ
rn
~
:..(
~
~
\;~\I0,
\N~S\S\O~
CHERRY HILL ROAD
CL
~
~
>-
t:
z
o
>
...J
W .
~~~
(/)~-
O~Z
N-
-at!)
0::(00::
.- -
00::>
W W -
...J(OW
W~~
w::>O
~ZZ
Ox~
Z~O
~.-O::
o
0::
~1~V"'~
~"~i~l
!
1; ~
~ ~ 1
so ~ i r
~c3L5!i
11(1) E Illll E
~c"8""1ll.
, p~8 ~ ~
~>~ g vi iii i
~. ~~~E
~t i ~ ~ ~
NO l" ii e
~I[ tl ~
@
a
c
,
~
f
~
"..;.. .....
. \
. 1
l.
c
a
"i
,
a! 0
c :la'
hf~
I'),U
c:,lIl
-::~"tl
~~:lc
W<I1l~
Adioinin2 Propertv Owner List
Tax number - 6021007
Tax number - 6021008
Tax number- 6021101
Tax number- 6021106
Tax number - 6021105-
Tax number- 602100~
Tax number - 272011 J
Tax number- 2720114
All owned by Roanoke Electric Steel Corporation
102 Westside Blvd NW
Roanok€?, VA 24017
And Tax number- 6021006
Owned by Lawrence Smith .
1710 Westover Ave. SW
Roanoke, VA 24015
NVld
Ld.3::JNO::J
"'-..
,
,
.",
~
~
~1
~iiiU")
N... I
~:so:
~~ n
.c..... ...
E",.E
"..l< ti
ZgN
~8
>-0::
"
1O
e
~~."
"'-I
~~o::
... '" n
]UOl
elii.E
~~~
-IN
><
~
.....
.....
~
"
<--<
---
/
./'"
./'"
uD.-C ed_pVr'a
DutA-.........
...~,\PI'III'
"....,..~K'.0t'Sl =-- OU.....ul~
:::=..: Ii. ii-, M fir
_IUlo.o",o..-...o'Il:f ~ ~
.,.... .".~,.. ~cu
\\
/~\
//1 ( )
~. :
~) \"\x
\ \~~
\ '" ~\
\~] \ \~
_l/)N n ,
~~J. go " I
'ii n ] , ;.
G) W. g'N ,
" ""E"2
Z~rS8 I
ig ,"
~ \ / ~\
~~ I \
~~ ,. /~
:'<0 g
~ ~ I~
..,U'N' /.....
~~, ~::E
!!1_ >-:::l
~n I b Z
-'~ :=1
CJt- -~
~z ~l/)1I'l
~ 0 ~~~
~~ ~~u
C) ~-==-..ow crt
zo.-E",.E
F l/)E~..l< ~
~:1;~ xtiN
........N 00
>-0::
__--:l
u.HXI....~.~o.--M
V1NIDClI^ '3>10NVOCl
zo~ ~Z09 C138VolnN XVl
l331S ::JICll::J3l3 3>10NVOCl.
--
...-..
..-
1O0;
0"
::Uitt)
S,g.!.
cDJ::;;-
~~.
.0..... ...
E ...E
"..l< e
Zoo
eN
>< 0
00
>-0::
..0;
::.!
0l/)1I'l
~,g~
N~
~j .
.0..... ...
E",.E
"..l< e
zoo
. eN
>< '"
"'0
>-a::
-
..=
~V)
Za:
~~
a:I::E
LaJ~
Clel
~::E
V) 15
~Lo..
-
II'l ~~
I g~-
0::
n _0;
0'"
... ~li.iN ~~~
e
C 0'" I ~~G>
0 ",'1:- ~ .
N ...u II
'" .. 08~
.0 w C'I [-
E ...5 ~~--
"..l< IS
Z ON
>< e
0'"
>-0
0::
/
J "
,
~' ~~~ 'O~
IS /"
I ~ /':
,," I I
",,~ I .
I I
I I
I I
I
I NO; I_
e,!
I~l/)NP
~~.!g'
~1jllg
.ow",N
E ...5...
"'" IS '"
:ZON~
~5 8-
.-& .t
,
,
'"
\
....0;
0"
~u;."
S.!:!J
"''=
t; ~ U
.c..... ...
E ",.5
~~N15
. c
~ g
>-1>:
"
I
I
I
~I
j#/
/f /
I.~ /
I <:l
./ ~ /
/~ /
" <"1;-
./
./'"
/"
\~
o~
~:g1~.; ~
'iJi..1 ." Lo.. .
~l~ia
0,,", ,__
2;~-o ~.s'
a:: Pi 8 ~
~ u .
Gl
II)
.....
.....
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: cIerk@roanokeva.gov
SHEILA N. HARTMAN, CMC
Assistant City Clerk
STEPHANIE M. MOON, CMC
City Clerk
CECELIA R. TYREE
Assistant Deputy City Clerk
November 29,2007
Mr. Lawrence Smith
1710 Westover Avenue, S. W.
Roanoke, Virginia 24015
Dear Mr. Smith:
Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of
Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday,
December 17,2007, 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 Roanoke ,Electric Steel to rezone
property located at 100 Westside Boulevard, N. W., Official Tax No. 6021102, from
1-2, Heavy Industrial District, to 1-1, Light Industrial District, for the purpose of constructing a
building for general office use.
This letter is provided for your information as an interested property owner and/or adjoining
property owner. If you have questions with regard to the matter, please call the
Department of Planning, Building and Development at 540-853-1730.
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,
A~rn.~
Stephanie M. Moon, CMC
City Clerk
SMM:ew
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: ~ (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@roanokeva.gov
SHEILA N. HARTMAN, CMC
Assistant City Clerk
STEPHANIE M. MOON, CMC
City Clerk
CECELIA R. TYREE,
Assistant Deputy City Clerk
November 29, 2007
Mr. Christopher H. Waller
102 Albemarle Avenue, S. E.
Roanoke, Virginia 24013
Dear Mr. Waller:
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,
December 17,2007, 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., on the request of Roanoke Electric Steel to rezone property located at
100 Westside Boulevard, N. W., Official Tax No. 6021102, from 1-2, Heavy Industrial
District, to 1-1, Light Industrial District, for the purpose of constructing a building for general
office use.
For yo~r information, I am enclosing copy of a notice of public hearing. Please review the
document and if you have questions, you may contact Steven J. Talevi, Assistant City
Attorney, at 540-853-2431.
It will be necessary for you, or your representative, to be present at the December 17
public hearing. Failure to appear could result in a deferral of the matter until a later
date.
Sincerely,
~ '.~
Stephanie M. Moon, CMC
City Clerk
SMM:ew
Enclosure
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
- - - - - - - - - - - -- - - - - -- - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - -+- - - - - - - - - -- - - - - - - - - - - ---
LMW PC
192 ALBEMARLE AVENUE, SE
ROANOKE VA 24013
REFERENCE: 80156710
10628134
N-Roanoke Electric S
State of Virginia
City of Roanoke
I, (the undersigned) an authorized representative
of the Times-World Corporation, which corporation
is publisher of the Roanoke Times, a daily
newspaper published in Roanoke, in the State of
Virginia, do certify that the annexed notice was
published in said newspapers on the following
dates:
City/County of Roanoke, Commonwealth/Sta~e of
Vir~~nia. Sworn and subscribed before me this
__L:L~day of December 2007. Witness my hand
and official seal.
~_:. ~ .. ~_'- o.:~~ ~. ___ Notary Public
M~~~ex~~l~:~l~ll__.
PUBLISHED ON:
11/30 12/08
\1111111'",
"~,I :'l A LA II"
......' ~\)..,...,.. Y4t: ......,
~"~.., NOTARY" "''-1~ "-:,
:: CO .. PUBUC " -:.
~ * :' REG, #7090930 ": * =
: : MY COMMISSION: :
-:. Cl '. EXPI~ j : ~ ::
~ ~'" \1)- -(.' ~ ~
...... 'A'_ .... ....,~ "
"''70~ ...... ~...."
"""~/I WEALTrI f0\","
""'111"\\
TOTAL COST:
FILED ON:
342.00
12/08/07
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
-i
NOTICE OF PUBLIC
HEARING
The Council of the City of
.Roanoke.will hold a public
Ihearing on Monday,
I December 17, 2007, at 7:00
I p.m., or as soon thereafter
I as the matter may be heard,
in the Council Chamber,
I fourth floor, in the Noel C.
I, Taylor Municipal Building,
215 Church Avenue, S.W.,
Roanoke, Virginia, to
.1 consider the following:
Request from Roanoke
Electric Steel to rezone.
property located at 100 I
Westside Boulevard, N.W., I
bearing Official Tax No. ,
6021102, from 1-2, Heavy;
Industrial District, to 1-1, I
Light Industrial District, for I
the purpose of constructing
: a building for general office
use.
; A copy of the application
is available for review in the
Office of the City Clerk,
I Room 456, Noel C. Taylor
I Municipal Building, 215
Church Avenue, S.W.,
Roanoke, Virginia.
I All parties in interest and
. citizens may appear on the
i above date and be heard on
,the mailer. If you are a
. person with a disability who
needs accommodations for
this hearing, please contact
the City Clerk=s Office,at
853-2541, before noon on.
Thursday, December 13,
12007. .
! GIVEN, under my hand this
28th..day of November,
2007.
Stephanie M. Moon, CMC,
City Clerk
;(10628134)
.,J
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -+- - - - - - - - - - - - - - - - - - - - - - --
Billing Services Representative
f;'~~.;:;..;:~~i;:.;',;:-;;.,_..;..
..,.----------.--.
: ...~.,..,.'c::."..~.'.. ,. ;; .
.,,,.,,~,...,...,,..,....,-..,,..,.,, .,.
.-.----------
;:_::..-!..:::::=:~
~~\
Sr tV\.;
.~
NOTICE OF PUBLIC HEARING
The Council of the City of Roanoke will hold a public hearing on Monday, December 17,
2007, at 7:00 p.m., or as soon thereafter as the matter maybe heard, in the Council Chamber, fourth
floor, in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, to
consider the following:
Request from Roanoke Electric Steel to rezone property located at 100
Westside Boulevard, N.W., bearing Official Tax No. 6021102, from 1-2,
Heavy Industrial District, to I-I, Light Industrial District, for the purpose of
constructing a building for general office use.
A copy ofthe application is available for review in the Office ofthe City Clerk, Room 456,
Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia.
All parties in interest and citizens may appear on the above date and be heard on the matter.
If you are a person with a disability who needs accommodations for this hearing, please contact the
City Clerk's Office, at 853-2541, before noon on Thursday, December 13,2007.
GNEN under my hand this 28th day of November
,2007.
Stephanie M. Moon, CMC, City Clerk
N-Roanoke Electric Steel - rezone 12-17-07
Notice to Publisher:
Publish in the Roanoke Times once on Friday, November 30, 2007 and December 8, 2007.
Send affidavit to:
Stephanie M. Moon, City Clerk
215 Church Avenue, S. W.
Roanoke, Virginia 24011
(540) 853-2541
Send bill to:
Christopher Waller
L.M.W. P.C.
Engineering -Archi tecture-S urveying-
Landscaping Design
102 Albemarle Avenue, SE
Roanoke, Virginia 24013
540-345-0675
N-Rn~nnkp Rlprrrir ~rppl - rp7nnp 1?-17_07
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@roanokeva.gov
SHEILA N. HARTMAN, CMC
Deputy City Clerk
CECELlA R. TYREE
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
December 5,2008
Sherman A. Holland
Commissioner of the Revenue
Roanoke, Virginia
Evelyn W. Powers
City Treasurer.
Roanoke, Virginia
Dear Mr. Holland and Ms. Powers:
I am forwarding an attested copy of Ordinance No.37983-121707, which has been
properly executed by the Art Museum of Western Virginia for purposes of assessment
and collection, respectively, of the service charge established by this Ordinance.
Sincerely,
~nJ.~~
Stephanie M. Moon, CMC
City Clerk
Attachment
pc: Georganne C. Bingham, Executive Director, Art Museum of Western Virginia
Center in the Square, One Market Square, S. E., Second Floor, Roanoke,
Virginia 24011
L:\CLERK\DAT A\CKEW I \AGENDA CORRESPONDENCE\agenda correspondence 08\Nov 08\Oliver White Hill Foundation Notarized
Ordinance. doc
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@roanokeva.gov
SHEILA N. HARTMAN, CMC
'Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
CECELIA R. 1YREE
Assistant Deputy ~ity Clerk
December 19, 2007
Georganne C. Bingham, Executive Director
Art Museum of Western Virginia
Center In the Square
One Market Square, S. E., Second Floor
Roanoke, Virginia 24011
"
Dear Ms. Bingham:
I am enclosing copy of Ordinance No. 37983-121 707 exempting the Art
Museum of Western Virginia, an organization devoted exclusively to charitable
or benevolent purposes on a nonprofit basis, from real estate property taxation
certain property located at 110 Salem Avenue, S. E., and 302 and 312 Campbell
Avenue, S. E., and exempting from personal property taxation certain personal
property located at One Market Square, S. E., effective January 1, 2008.
The abovereferenced measure was adopted by the Council, of the City of
Roanoke at a regular meeting held on Monday, December 17, 2007, and is in
full force and effect on January 1, 2008.
Sincerely,
~m.~
Stephanie M. Moon, CMC
City Clerk
SMM:ew
Enclosure
Georganne C. Bingham
December 19, 2007
Page 2
pc: Mr. Joseph W. Altizer, II, Deputy Director of Operations, Art Museum of
Western Virginia One Market Square, S. E., Roanoke, Virginia 24011
Ms. Sheri Rock, Controller, Art Museum of Western Virginia, One Market
Square, S. E., Roanoke, Virginia I 24011
The Honorable Sherman A. Holland, Commissioner of the Revenue
The Honorable Evelyn W. Powers, City Treasurer
Jesse A. Hall, Director of Finance
Sherman M. Stovall, Director, Management and Budget
Thomas Carr, Director, Planning, Building and Development
Susan S. Lower, Director, Real Estate Valuation
R. B. Lawhorn, Budget Management Analyst, Office of Management and
Budget
-.-........
~~y/~ .
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 17th day of December, 2007.
No. 37983-121707.
AN ORDINANCE exempting from real estate property taX'ar:tfflJ.EiRefOO:nJ~\1f~~, and
exempting from personal property taxation certain personal property located in the City of
Roanoke of the Art Museum of Western Virginia, an organization devoted exclusively to
charitable or benevolent purposes on a non-profit basis; providing for an effective date; and
dispensing with the second reading by title ofthis ordinance.
WHEREAS, the Art Museum of Western Virginia, (hereinafter "the Applicant"), has
petitioned this Council to exempt cert(iin real property of the Applicant from taxation pursuant to
Article X, Section 6(a)(6) of the Constitution of Virginia;
WHEREAS, the Art Museum of Western Virginia, has petitioned this Council to exempt
certain personal property of the Applicant from taxation pursuant to Article X, Section 6(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 petitions was held by Council on December 17, 2007;
WHEREAS, the provisions of subsection B of Section 58.1-3651, Code of Virginia
(1950), as amended, have been examined and considered by the Council;
WHEREAS, the Applicant agrees that the real property to be exempt from taxation is
certain real estate, including the land and any building located thereon, identified by Roanoke
City Tax Map No. 4010205, commonly known as 110 Salem Avenue, S.E., and certain real
estate, including the land and any building located thereon, identified by Roanoke City Tax Map
No. 4010701, commonly known as 302 and 312 Campbell Avenue, S.E., (the "Property"), and
owned by the Applicant, shall be used by the Applicant exclusively for charitable or benevolent
K:\Measures\tax exempt art museum of western virginia.doc
\
')
purposes on a non-profit basis;
WHEREAS, in consideration of Council's adoption of this. Ordinance, the Applicant has
voluntarily agreed to pay each year a service charge, in an amount equal to twenty percent (20%)
of the City of Roanoke's real estate tax levy, as well as a service district charge, which would be
applicable to the Property were the Property not exempt from such taxation, for so long as the
Property is exempted from such taxation; and
WHEREAS, the Applicant agrees that the personal property to be exempt from taxation
is certain personal property, including a vehicle, furniture and fixtures which shall be used by the
Applicant exclusively for charitable purposes on a non-profit basis.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. Council classifies and designates the Art Museum of Western Virginia as a
charitable or benevolent organization within the context of Sections 6(a)(6) and 6(6) of Article X
of the Constitution of Virginia, and hereby exempts from real estate taxation certain real estate,
including the land and any building located thereon, identified by Roanoke City Tax Map No.
4010205, commonly known as llO Salem Avenue, S.E., and certain real estate, including the
land and any building located thereon, identified by Roanoke City Tax Map No. 4010701,
commonly known as 302 and 312 Campbell Avenue S.E., and owned by the Applicant, which
property is used exclusively for charitable or benevolent purposes on a non-profit basis;
continuance of this exemption shall be contingent on the continued use of the property in
accordance with the purposes which the Applicant has designated in this Ordinance.
2. In consideration of Council's adoption of this Ordinance, the Applicant agrees to
pay to the City of Roanoke on or before October 5 of each year a service charge in an amount
equal to twenty (20%) percent of the City of Roanoke's real estate tax levy, as well as a service
district charge, which would be applicable to the Properties, were the Properties not exempt from
K:\Measures\tax exempt art museum of western virginia.doc
...."-.._,
'\
. such taxation, for so long as the Properties are exempted from such taxation.
3. Council hereby exempts from personal property taxation certain personal
property, including a vehicle, furniture and fixtures owned by the Applicant, which property is
used exclusively for charitable purposes on a non-profit basis; continuance of this exemption
shall be contingent on the continued use of the personal property in accordance with the purposes
which the Applicant has designated in this Ordinance.
4. This Ordinance shall be in full force and effect on January 1, 2008, if by such
time a copy, duly executed by an authorized officer ofthe Applicant, has been filed with the City
Clerk.
5. The City Clerk is directed to forward an attested copy of this Ordinance, after it is
properly executed by the Applicant, to the Commissioner of the Revenue and the City Treasurer
for purposes of assessment and collection, respectively, of the service charge established by this
Ordinance, and to Georganne C. Bingham, Executive Director, Art Museum of Western
Virginia.
6. Pursuant to Section 12 of the City Charter, the second reading of this ordinance
by title is hereby dispensed with.
ATTEST:
AAl~'rn.~
City Clerk.
ACCEPTED, AGREED TO AND EXECUTED by Art Museum of Western Virginia,
this~dayof 11~..../"'c..v
,200L.
ART MUSEUM OF WESTERN VIRGINIA
B~(?.d L ,
G ganne . Bingham, Ex~e D1ector
K:\Measures\tax exempt art museum of western virginia.doc
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
City Web: www.roanokeva.gov
December 17, 2007
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 -
Art Museum of Western
Virginia
Dear Mayor Harris and Members of City Council:
Background:
The Art Museum of Western Virginia is a non-stock, not for profit corporation which
exhibits, collects, preserves, and interprets significant works of art from cultures
around the world with special emphasis on American art and from this region. The
Museum is committed to providing excellence in scholarship and creative, artistic,
activities that encourage self-awareness and enhance meaningful interaction in our
community.
The Museum owns real property in the City of Roanoke known as Tax Map #
4010205 located at 110 Salem Avenue, SE, and real property known as Tax Map #
4010701 located at 302 Campbell Avenue SE and 312. The organization also owns
personal property located at One Market Square, SE.
The property at 302 Campbell Avenue is currently assessed at $436,300 with
annual real estate taxes of $5,192 due to the City. This property is also located in
the Downtown service district, and as such, is assessed an additional annual
service charge amount of $.10 per $100 of assessed value, or $436. This service
charge is collected by the City and remitted to Downtown Roanoke, Inc. The
property at 110 Salem Avenue is currently listed as vacant land with an assessed
value of $1,473,900 and annual real estate taxes of $17,539. It too is located in
the Downtown service district and is currently assessed an annual service charge of
$1,474. However, this location is the site of the Museum's new building which is
currently under construction and scheduled to open in the fall of 2008. Based on
the information submitted by the Museum's general contractor to the City's
Honorable Mayor and Members of City Council
December 17, 2007
Page 2
Building Inspections Division in applying for the building permit, the declared value
of the new Museum structure will be $40,895,795. If the assessed value were to
equal this amount, real estate taxes of $486,660 would result, and the Downtown
service district charge would be $40,896.
The personal property located at One Market Square consists of a 2001 Chevrolet
van (VIN #1 GCFG1 5W011220307) assessed at $8,100 and furniture and equipment
assessed at $71,751. Current annual taxes on the vehicle are $279 and taxes on
the equipment are $2,475, for a total of $2,754. However, once the new Museum
is complete at 110 Salem Avenue, new furniture and fixtures will be installed there
that are projected to cost $2.1 million. The potential personal property taxes on
these furnishings in the first year could be $43,470 and would decrease from that
point forward.
The Museum requests an exemption from real estate taxes on both parcels of real
property. The organization also requests an exemption from personal property
taxes on the vehicle and current furnishings at One Market Square, and for the
furnishings and equipment that will be needed for the operation of the new
building.
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 Art Museum of Western Virginia has provided the necessary
information required for applications for exemptions that would take effect January
1, 2008.
As noted above, the assessed value of the real property at 302 Campbell Avenue is
$436,300 with annual taxes due of $ 5, 192. Also, if the assessed value of the land
and new Museum building at 110 Salem Avenue mirrors the building's projected
cost of $40,895,795 that property's annual taxes would be $486,660. In lieu of
the possible $491,852 in real estate taxes on these two properties combined, the
Museum would agree to pay to the City an annual service charge equal to twenty
percent of the tax levy on the two parcels for as long as the exemption continues.
In this scenario, the service charge amount would be $98,370. Consequently, the
City would be foregoing an additional $393,482 in real estate revenue.
There is no service charge levied on personal property exempted from personal
property tax; it is 100% exempt. The City could be foregoing approximately
$46,224 in the first year in potential additional personal property tax revenue from
the exemption of the vehicle and furniture at One Market Square and the new
furniture and fixtures in the Museum itself.
As previously mentioned, the Art Museum currently pays an annual Downtown
service district charge of $436 on the real property at 302 Campbell Avenue. If the
assessed value of the land and new Museum building at 110 Salem Avenue mirrors
the building's projected cost of $40,895,795, its Downtown service district charge
Honorable Mayor and Members of City Council
December 17, 2007
Page 3
would be $40,896. If the exemption is granted, the Museum will agree to continue
paying a Downtown service district fee; however, it too will be based now only on
twenty percent of the service district fee. In this scenario, this fee for the two
properties combined would be reduced from $41,332 down to $8,266.
Commissioner of the Revenue, Sherman Holland, has determined the Art Museum
of Western Virginia is currently not exempt from paying real estate and personal
property taxes 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 December 17, 2007, was duly advertised
in the Roanoke Times.
Recommended Action:
Authorize the Art Museum of Western Virginia's exemption from real estate and
personal property taxation pursuant to Article X, Section 6 (a) 6 of the Constitution
of Virginia, effective January 1, 2008, if the organization agrees to pay the subject
service charges on the real estate by that date.
Respectfully submitted,
Darlene L. Bu cham
City Manager
DLB/rbl
Attachment
c: Honorable Sherman A. Holland, Commissioner of the Revenue
Honorable Evelyn W. Powers, City Treasurer
Stephanie M. Moon, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Susan S. Lower, Director of Real Estate Valuation
R. Brian Townsend, Assistant City Manager for Community Development
Sherman M. Stovall, Director of Management and Budget
Ms. Georganne Bingham, Executive Director, Art Museum of Western
Virginia, One Market Square, SE
Mr. Joseph W. Altizer, II, Deputy Director of Operations, Art Museum of
Western Virginia, One Market Square, SE
Ms. Sheri Rock, Controller, Art Museum of Western Virginia, One Market
Square, SE
CM07-00178
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
December 4, 2007
Joseph W. Altizer, II, CPA
Deputy Director of Operations
Art Museum of Western Virginia
One Market Square, SE
Roanoke, VA 24011-1436
Dear Mr. Altizer:
The Art Museum of Western Virginia filed petitions in the City Clerk's
Office on October 11, 2007 requesting exemption from taxation on real
and personal property located at One Market Square, 110 Salem Avenue,
and 302 Campbell Avenue. The real property is identified as tax map
numbers 4010205 and 4010701.
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, December 3, 2007, the Council approved a request of the City
Manager to hold a public hearing on Monday, December 17, 2007, 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,
December 7, 2007. Your organization will be billed for the amount
incurred for publishing the notice.
I am forwarding you a copy of a Council Report dated December 17,
2007, from the City Manager's Office addressed to the Mayor and
Members of City Council regarding the petitions. Although we are
recommending authorization for exemption from real estate and personal
property taxation on the'properties, 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 Jrom the organization be present at the
public hearing on December 17th to respond to questions that may be
raised regarding the petitions. The session will be held in the City
Council Chambers;' Room 450, fourth floor, Noel C. Taylor Municipal
Building, 215 Church Avenue, S. W.
i'
If you have any questions regarding this information, please feel free to
call me at 853-1643.
Sincerely,
~(j.~4)
R. B. Lawhorn, Jr.
Budget/Management Analyst
Department of Management and Budget
Enclosure
c: Ms. Georganne Bingham, Executive Director of Operations, Art
Museum of Western Virginia, One Market Square, SE, Roanoke, VA
24011-1436
Ms. Sheri Rock, Controller, Art Museum of Western Virginia, One
Market Square, SE, Roanoke, VA 24011-1436
~tephanie M. Moon, City Clerk
COMMISSIONER OF THE REVENUE
CITY OF ROANOKE
SHERMAN A. HOLLAND
Commissioner
GREGORY S. EMERSON
Chief Deputy
I~ IT'I' '-'L' Eli'v 'f}lr'J t,.Inl\II;\h AN.j Ci:l';:'
oj' _' ".f\ \~ 1 ,_ \:_.1_ J.."_' '--
November 3, 2007
Georganne Bingham, Executive Director
Art Museum of West em Virginia
Center In The Square
One Market Square SE, Second Floor
Roanoke, VA 24011-1436
Re: Property located at 110 Salem Ave SE and 302-312 Campbell Ave SE
Tax Map Numbers 4010205 & 4010701
Dear Ms. Bingham:
The above parcels are currently being taxed by the City of Roanoke for real estate taxes
for the 2007-08 tax year.
To be considered for tax exempt status a petition must be filed with Roanoke City
Council.
Please contact our office if we can be of further assistance or if you have any questions.
Sincerely,
~.,.<;/~ _ _ ,:",,,,,,i~.~ ,r'~~, ...,,;-,~.-;/
/};5-:h::;;:~rr:
Sherman A. Holland
Commissioner of the Revenue
cc: Stephanie Moon, City Clerk
SAH/jec
215 Church Avenue SW, Room 251 * Roanoke, Virginia 24011
Phone (540) 853-2521 * Fax (540) 853-1115 * www.ci.roanoke.va.us
1-
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church A venue; S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@roanokeva.gov
SHEILA N. HARTMAN
Deputy City Clerk
CECELIA R. TYREE
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
October 19, 2007
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, pyrsuant to Article X, Section6(a)(6), /
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, 2007, by t~e Art Museum of Western Virginia, non-stock, not-for-
profit corporation, requesting exemption from taxation of real property located at
302 Campbell Avenue, S. E. and 312, pursuant to Section 58.1-3651, 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,
~tn.~
Stephanie M. Moon, CMC
City Clerk
SMM:ew
Attachment
\
K:\Tax Exempt\Art Museum of Westem VA 302 Campbell A V tax exempt doc
Darlene L. Burcham
October 19, 2007
Page 2
pc: Georganne C. Bingham, Executive Director, Art Museum of Western Virginia,
Center In the Square, One Market Square, S. E., Second Floor, Roanoke,
Virginia 24011 .
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
~
K:\Tax Exempt\Art Museum of Westem V A 302 Campbell A V tax exempt.doc
ARTMuSEUM
OF WESTERN VIRGINIA
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:
1a. Your Petitioner, Art Museum of Western Virginia, a Virginia, non-stock, not for
profit corporation owns certain real property, located at 302 Campbell Ave SE
and 312 the City of Roanoke, Virginia, which property is City of Roanoke Tax
Map ID # 4010701, with a total assessed value of $436.300 and a total of
$5,191.96 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, ofthe Code of Virginia, as amended, in order that
the referenced real property, to be used exclusively for charitable and benevolent
purposes in fine art appreciation,
(Describe proposed use of real property, if applicable.)
be exempt from taxation under the provisions of Article X, Section 6 (a)(6) ofthe
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.
(Ifrequesting exemption for personal property, complete section l.b)
1 b. 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, of the Code of Virginia, as amended, in order that the referenced personal
property, to be used exclusively for charitable and benevolent purposes
III
(Describe proposed use of personal property, if applicable.)
1
CENTER IN THE SQUARE, ONE MARKET SQUARE SE, SECOND FLOOR, ROANOKE, VIRGINIA 24011-1436, (540) 342-5760, FAX-(540) 342-5798
E-MAIL: INFO@AIUMUSEUMROANOKE.ORG, WEBSITE: WWW.ARTMUSEUMROANOKE.ORG
.
ARTMuSEUM
OF WESTERN VIRGINIA
be exempt from taxation under the provisions of Article X, Section 6 (a)(6) ofthe
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%) ofthe 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) ofthe 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 July. 1954.
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): Obtain licenses for special events on an event by event basis. used at
the current location at 1 Market Square. Roanoke. A license will be
applied for to use in the new facility located at the addresses covered in
this application.
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): No
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): No
2
CENTER IN THE SQUARE, ONE MARKET SQUARE SE, SECOND FLOOR, ROANOKE, VIRGINIA 24011-1436, (540) 342-5760, FAX (540) 342-5798
E-MAIL: INFO@AIUMUSEUMROANOKE.ORG, WEBSITE: WWW.ARTMUSEUMROANOKE.ORG
ARTMuSEUM
OF WESTERN VIRGINIA
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 exhibits, collects, preserves, and interprets significant
works of art from cultures around the world with a special emphasis on
American art and of this region. The Museum is committed to providing
excellence in scholarship and creative, artistic activities that encourage
self-awareness and enhance meaningful interaction in our community.
(Describe the public service)
6. (Q): Whether a substantial part ofthe 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): Whether any rule, regulation, policy or practice of the organization
discriminates on the basis of religious 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): No
9. (Q): Any other criteria, facts and circumstances, which the governing body
deems pertinent to the adoption of such ordinance.
(A): No
(Provide as necessary).
Note: A copy of this Petition is being delivered this day to the City Manager of
the City of Roanoke, Virginia.
THEREFORE, your Petitioner, Art Museum of West em Virginia, 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
fine art appreciation
(Repeat proposed use of property).
Respectfully submitting this
3
CENTER IN THE SQUARE, ONE MARKET SQUARE SE, SECOND FLOOR, ROANOKE, VIRGINIA 24011-1436, (540) 342-5760, FAX (540) 342-5798
E-MAIL: INFO@ARTMUSEUMROANOKE.ORG, WEBSITE: WWW.ARTMUSEUMROANOKE.ORG
REAL ESTATE: LANDBOOK INQUIRY
REUILB
TAX MAP NO: 4010701
OWNER NAME: ART MUSEUM OF WESTERN VIRGINIA
CO-OWNER:
C/O NAME:
MAIL ADDR: ONE MARRET SQUARE
CT/ST: ROANOKE, VA
OLD OWNER:
PROPERTY ADDR: 302 CAMPBELL AVE SE AND 312
X-REF NAME: ART MUSEUM OF WESTERN VIRGINIA
TYPE OWNER: C
**********************
o S
Kt;MA.t'
LEGAL DESCRIPTION
SEC SE 1
TRANSFER NO: 85-014406
TAX TICKET: 2008-001201
EXEMPT CODE:
ZIP: 24011
LAND VALUE:
BLDG VALUE:
CD: RATE:
CURR YR:
I N FOR MAT ION -
NUMBER :
* CURRENT VALUATIONS *
**********************
LAND VALUE: 290,900
BLDG VALUE: 145,400
- - - - - - MIS C ELL A N E 0 U S
LAST RECORDED DATE: 11/11/04
LAST SALES PRICE: 437,500
LAND USE: 400 NBRHD CODE: 00001
COMMENTS
*SUPPLEMENT BILL EXISTS*
ANNUAL TAX DUE:
*******************
5,191.96
* FROZEN TAX DATA *
*******************
o
o
RATE2:
ORG YR: 00
040019150
DATE OF DEED: 11/11/04
DATE OF LAST CHANGE: 07/25/07
OPERATOR INITIALS: PVL
City of Roanoke - GIS
Page 1 of3
Print Report I Close Window
Property Information Card for: ART MUSEUM OF WESTERN VIRGINIA
ONE MARKET SQUARE
ROANOKE VA 24011
Neighborhood information
View Neigborhood Portal
BUILDING PERMITS
View Permits & Code Enforcement Notices
MAPS & PLANS
View Engineering Maps & PlansNew Functionality
Images
view larqe ohoto
Sketches
Sketch 1
OWNER/LEGAL INFORMATION
Tax Number
Property Address
Legal Description
Owner Name
Owner 2 Name
Owner Address
4010701
302 CAMPBELL AV SE
PT LOT 1 BLK 6
ART MUSEUM OF WESTERN VIRGINIA
N/A
ONE MARKET SQUARE
ROANOKE VA 24011
httn.//CT;C rr",n"!r"",,, CT""/rntn"t,,,;l All "f'......?......"'nn"=L!()l ()'7()1
~T......"'nPn=t'n1r" P
1 () /') ') /') () () '7
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
RoanC?ke, Virginia 24011-1536
Telephone: (540) 853-2541
. Fax: (540) 853-1145
E-mail: c1erk@roanokeva.gov
SHEILA N. HARTMAN
Deputy City Clerk
CECELIA R. TYREE
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
October 11, 2007
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),
Constitution of Virginia, and repealing Resolution No. 36148-120202 adopted on
December 2, 2002.
I am attaching copy of a petitio-n, which was filed in the City Clerk's Office on
October 11, 2007, by the Art Museum of Western Virginia, non-stock, not-for-
profit corporation, requesting exemption from taxation of real property located at
110 Salem Avenue, S. E., and personal property located at One Market
Square, S. E., pursuant to Section 58.1-3651, Cbde 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. ~brv
Stephanie M. Moon, CMC
City Clerk
SMM:ew
Attachment
K:\Tax Exempt\Art Museum of Western V A tax exempt.doc
Darlene L. Burcham
October 11, 2007
Pag e 2
pc: Georganne C. Bingham, Executive Director, Art Museum of Western Virginia,
Center In the Square, One Market Square, S. E., Second Floor, Roanoke,
Virginia 24011
The Honorable Sherman A. Holland, Commissioner of the Revenue
William M. Hackworth, City Atto'rney
Susan S. Lower, Director, Real Estate Valuation
R. B. Lawhorn, Budget Management Analyst, Office of Management and
Budget
K:\Tax Exempt\Art Museum of Western V A tax exempt.doc
ARTMuSEUM
OF WESTERN VIRGINIA
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:
1a. Your Petitioner, Art Museum of West em Virginia, a Virginia, non-stock, not for
profit corporation owns certain real property, located at 110 Salem Ave SE Lot A-
I the City of Roanoke, Virginia, which property is City of Roanoke Tax Map ID #
4010205, with a total assessed value of$1,473.900 and a total of$ 17.539.40 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 fine art
appreciation.
(Describe proposed use of real property, if applicable.)
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.
(Ifrequesting exemption for personal property, complete section l.b)
lb. Your Petitioner, Art Museum of West em Virginia, a Virginia, non-stock, not for
profit corporation owns certain personal property, located at One Market Square
SE in the City of Roanoke, Virginia, with a total assessed value of$8.100 and a
total of $ 307.40 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 fine art appreciation,
(Describe proposed use of personal property, if applicable.) .
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
CENTER IN THE SQUARE, ONE MARKET SQUARE SE, SECOND FLOOR, ROANOKE, VIRGINIA 24011-1436, (540) 342-5760, FAX (540) 342-5798
E-MAIL: INEO@ARTMUSEUMROANOKE.ORG, WEBSITE: WWW.ARTMUSEUMROANOKE.ORG
ARTMuSEUM
OF WESTERN VIRGINIA
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 exeniption 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 July. 1954.
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): Obtain licenses for special events on an event by event basis. used at
the current location at 1 Market Square. Roanoke. A license will be
applied for to use in the new facility located at the addresses covered in
this application.
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): No
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): No
5. (Q): Whether the organization provides services for the common good of
the public.
2
CENTER IN THE SQUARE, ONE MARKET SQUARE SE, SECOND FLOOR, ROANOKE, VIRGINIA 24011-1436, (540) 342-5760, FAX (540) 342-5798
E-MAIL: INFO@ARTMUSEUMROANOKE.ORG, WEBSITE: WWW.ARTMUSEUMROANOKE.ORG
ARTMuSEUM
OF WESTERN VIRGINIA
(A): Your Petitioner provides services for the common good of the public
in as much as it exhibits, collects, preserves, and interprets significant
works of art from cultures around the world with a special emphasis on
American art and of this region. The Museum is committed to providing
excellence in scholarship and creative, artistic activities that encourage
self-awareness and enhance meaningful interaction in our community.
(Describe the public service)
6. (Q): Whether a substantial part ofthe 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): Whether any rule, regulation, policy or practice ofthe organization
discriminates on the basis of religious 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): No
9. (Q): Any other criteria, facts and circumstances, which the governing body
deems pertinent to the adoption of such ordinance.
(A): No
(Provide as necessary).
Note: A copy of this Petition is being delivered this day to the City Manager of
the City of Roanoke, Virginia.
THEREFORE, your Petitioner, Art Museum of West em Virginia, 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
fine art appreciation
(Repeat proposed use of property).
Respectfully submitting this
lLday Oc + ,2007.
By:-bC. 1L-s0
Ex~htive irector
3
CENTER IN THE SQUARE, ONE MARKET SQUARE SE, SECOND FLOOR, ROANOKE, VIRGINIA 24011-1436, (540) 342-5760, FAX (540) 342-5798
E-lvIAIL: INFO@ARTMUSEUMROANOKE.ORG, WEBSITE: WWW.ARTMUSEUMROANOKE.ORG
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
NOTICE Of PUBLIC
HEARING
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -+- - - - - - --
REFERENCE:
80136617
10634877
Tax Exemption
Art
Notice is hereby given -
that the City Council of the
City of Roanoke will hold a
pUblic hearing at Its regular
meeting to be held on
December.17,2007,
commencing at 7:00 p.m., In
the Council Chambers 4th
. ~~oe.1 C.,;raXlor,
M unlclpalBuild In g':2i 5 '
Church Avenue, S.W.,
Roanoke, Virginia, on the
question of adoption of an
ordinance pursuant to
958.1-3651, Code of Virginia
(1950), as amended
approving the request of the
Art Museum of Western
Virginia, for designation of
its real property and its
personal property. as exempt
from taxation.
The assessed value of tlie
applicant's' real property
located at 110 Salem
Avenue, SE, an-d known as
Tax Map No. 4010205 is
currently $1,473,900, and
real estate taxes of $17 539
were paid in the most recent
. year. Based on the
information submitted to the
City by the Museum's
general contractor, the
declared value of the new
Museum structure when
I completed In 2008 will be
1$40,895,795; and the
assessed value of the
applicant's property located
at 302' ahd312' Campbell
Avenue, SE, and. known as
Tax Map-No;.4010701 is
$436,300,- and real estate
taxes of $5,192.were paid in
the most recent year.
The total_assessed value
of.the applicant's personal
property for tax year 2007 is
$79,851, with a total
personal Property tax
assessment-.of $2 754 for
the 2007 tax year. Once the
Museum is complete at 110
Salem Avenue,new furniture
and fixtures will be installed
there with a projected cost
of $2.1 million' with a j
potential personal' property
assessment of $43,470. .
, Citizens shall have the .
opportunity to be heard and :
express their opinions on I
this matter.
: If you a.re a person with a
disability who needs
accommodations for this.
public hearing, contact the '
City Clerk:s Office 'I
853.2541, by 12:00 noon o~
~g~~~day, December 13,
GIVEN under my hand this
3rd day of December, 2007. I
Stephanie M. Moon I
City Clerk:
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
City/County of Roanoke, Commonwealth/State of I
vi~tnia. Sworn and subscribed before me this I
_j_~1!lday of December 2007. Witness my hand I
and official seal. ~ I
_b~Ck..::::_ Notary Public :
My commission exwes --------lt~-3l:11---. I
\,1'11"',,/ II
\\ A I A 'I
"", ~\)'!.... ':;1 y';;'''" I
,,' g;.~"'NOTARY"', -~ "'-:. I
2 t'(j... PUBUC .,."t ~
~ * :" REG. #7090930 '; * ~ I
_ : MY COMMISSION: - I
-: C') .. EXPIRES : ;'5 ::
-:'~'" \C'5\..j\ ." ~:: I
...." ~ ". ..' ~<:i ,:: I
"" .0'.0/, ......... '-\" ,'"
"",'I1IfALTii \i~ "", I
TOTAL COST: 258.00 '11""1"\' I
FILED ON: 12/07/07 I 1.(10634877)
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -+- - - - - --
ART MUSEUM
ONE MARKET
ROANOKE VA
OF WESTERN
SQUARE, SE
24011
VIRGINIA
State of Virginia
City of Roanoke
I; (the undersigned) an authorized representative
of the Times-World Corporation, which corporation
is publisher of the Roanoke Times, a daily
newspaper published in Roanoke, in the State of
Virginia, do certify that the annexed notice was
published in said newspapers on the following
dates:
PUBLISHED ON:
12/07
'i
Billing Services Representative
.;.;
,.,..,....."'...;...;"....-...,,_.;......
~...._,_.__.".._...~...
NOTICE OF PUBLIC HEARING
V lA.'<'S
Notice is hereby given that the City Council ofthe City of Roanoke will hold a public hearing
at its regular meeting to be held on December 17, 2007, commencing at 7:00 p.m., in the Council
Chambers, 4th Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke,
Virginia, on the question of adoption of an ordinance pursuant to ~58.1-3651, Code of Virginia
(1950), as amended, approving the request of the Art Museum of Western Virginia, for designation
of its real property and its personal property as exempt from taxation.
The assessed value of the applicant's real property located at 110 Salem Avenue, SE, and
known as Tax Map No. 4010205 is currently $1,473,900, and real estate taxes of$17,539 were paid
in the most recent year. Based on the information submitted to the City by the Museum's general
contractor, the declared value of the new Museum structure when completed in 2008 will be
$40,895,795; and the assessed value of the applicant's property located at 302 and 312 Campbell
Avenue, SE, and known as Tax Map No. 4010701 is $436,300, and real estate taxes of$5,192 were
paid in the most recent year.
The total assessed value of the applicant's personal property for tax year 2007 is $79,851,
with a total personal property tax assessment of$2,754 for the 2007 tax year. Once the Museum is
complete at 110 Salem Avenue, new furniture and fixtures will be installed there with a projected
cost of$2.1 million, with a potential personal property assessment of $43,470.
Citizens shall have the opportunity to be heard and express their opinions on this matter.
If you are a person with a disability who needs accommodations for this public hearing,
contact the City Clerk's Office, 853-2541, by 12:00 noon on Thursday, December 13,2007.
GIVEN under my hand this 3rd day of December , 2007.
Stephanie M. Moon, City Clerk.
KIMEASURES\TAX EXEMPT PH NOTICE ART MUSEUM OF WESTERN VIRGINIA I2-07.DOC
Notice to Publisher:
Publish in the Roanoke Times on Friday, December 7,2007.
Send affidavit to:
Stephanie M. Moon, CMC, City Clerk
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011
(540) 853-2541
Send bill to:
Georganne C. Bingham, Executive Director
Art Museum of Western Virginia
Center in the Square
One Market Square, S. E.
Second Floor
Roanoke, Virginia 24011-1436
(540) 342-5760
K:\NOTICES\2007\T AX EXEMPT PH NOTICE ART MUSEUM OF WESTERN VIRGINIA 12-07.DOC
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1~rk@roanokeva.gov
SHEILA N. HARTMAN, CMC
Deputy City Clerk
STEPHANIE M. MOpN, CMC
City Clerk
CECELIA R. TIREE
Assistant Deputy City Clerk
December 19, 2007
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 37984-121707 amending the Code of the
City of Roanoke (1979), as amended, for the purpose of updating and clarifying
the City's Zoning Ordinance, and dispensing with the second reading by title of
, this ordinance.
The abovereferenced measure was adopted by the CO,uncil of the City of
Roanoke at a regular meeting held on Monday, December 17, 2007, and is in
full force and effect upon its passage.
Sincerely,
~N\.~
Stephanie M. Moon, CMC
City Clerk
SMM:ew
(
Attachment
- I
Darlene L. Burcham
December 19, 2007
Page 2
)
pc: Sheila N. Hartman, Deputy City Clerk, (For transmittal by electronic mail
to Municipal Code Corporation)
Municipal Code Corporation, P. O. Box 2235, Tallahassee, Florida 32316
The Honorable Brenda S. Hamilton, Clerk of the Circuit Court
Ronald S. Albright, Clerk, General District Court
David C. Wells, Clerk, Juvenile and Domestic Relations District Court
Raymond F. Leven, Office of the Magistrate.. '
Lora A. Wilson, Law Librarian
Jesse A. Hall, Director of Finance
R. Brian Townsend, Assistant City Manager for Community Development
Thomas Carr, Director, Planning, Building and Development
-( .
\7~~~to I
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 17th day of December, 2007.
No. 37984-121707.
AN ORDINANCE amending and reordaining 936.2-100, Title, 936.2-205,
Dimensional requlations, 936.2-314, Commercial Districts (CN, CG. CLS), 936.2-
332, Neiohborhood Desiqn Overlay District (NO), 936.2-340, Use matrix, 936.2-
403, Accessory uses and structures, > 936.2-510, General procedural
requirements, 936.2-521, General applicability, 936.2-541, Conditional rezoninqs,
936.2-552, Basic development plans, 936.2-553, Comprehensive development"
plans, 936.2-621, Applicability, 936.2-622, Exempt liqhtino, 936.2-623,
Definitions, 936.2-624, Liohtino plan, 936.2-625, Outdoor liqhtinq standards,
936.2-642, Generallandscapino and screenino materials, 936.2-645, Street yard
trees, 936.2-646, Facade plantino, 936.2-647, Buffer yards, 936.2-649,
Screeninq of specific uses and facilities, 936.2-653, Maximum off-street parkino,
936.2-654, Off-street parkinq area standards, 936.2-668, Types and number of
on-premises siqns, 936.2-676, On-premises siqns for nonconforminq uses in
residential districts, 936.2-815, Officers; aoent; staff: special requests, 936.2-825,
Officers: aoent; staff, 936.2-835, Officers; staff, Appendix A, Definitions, and
Appendix B, Submittal requirements, of Chapter 36.2, Zonino, of the Code of the
City of Roanoke (1979), as amended, for the purpose of updating and clarifying
the City's zoning ordinance; and dispensing with the second reading by title of
this ordinance.
'BE IT ORDAINED by the Council of the City of Roanoke as follows:
L:\ATTORNEy\DATA \CLLDl \SJT\Zoning\Zoning Amendment-12-1 7-07.doc
1. Section 36.2-100, Title; of Article 1, General Provisions, of Chapter
36.2,' Zoninq, of the Codeof the City of Roanoke (1979), as amended, is hereby
amended and reordained to read and provide as follows:
Section 36.2-100. Title.
This Chapter shall be known, cited, and referred to as the "Zoning Ordinance"
and shall include all provisions contained herein, together with the City's zoning map.
(a) The location and boundaries of the zoning districts established by this
Chapter shall be as shown upon a series of certain electronic maps
entitled "Official Zoning Map, City of Roanoke, Virginia," dated
December 5, 2005, as amended, which are maintained by the
Department of Planning, Building and Economic Development and are
hereby made a part of this Chapter. Such maps, together with all
notations, references, and other information shown thereon, and all
amendments thereto, shall be referred to in this Chapter as the "Official
Zoning Map."
- (b) Upon the adoption of ordinances amending the Official Zoning Map,
the City Clerk shall forward to the Department of Planning, Building
and Economic Development attested copies of such ordinances. Upon
receipt of these ordinances, the Department of Planning, Building and
Economic Development shall amend the Official Zoning Map.
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.
***
(i) Yards - Corner lots.
(1) In the case of a corner lot with two (2) street frontages, in the R-7, H.5,
and R-3 Residential Single-Family Districts and the RM-1 and RM-2
Residential Mixed Density Districts, minimum front yard depths shall be
determined as follows:
~?
(A) One front yard shall be provided pursuant to the requirements
of Section 36.2-205(f)(2); and
2
(B) A second front yard shall be provided of at least one-half the.
minimum front yard depth required pursuant to subsection (/\),
above by the applicable zoning district,. but not to be less than
ten (10) feet.
***
(3) In the case of a corner lot with more than two (2) street frontages in the
R-7, R-5, and R-3 Residential Single-Family Districts and the RM-1
and RM-2 Residential Mixed Density Districts, minimum front yards
shall be provided as follows:
(A) Two (2) front yards shall be provided pursuant to Section 36.2-
205(f)(2); and
(B) Additional front yards shall be provided of at least one-half (1/2)
the minimum front yard depth required pursuant to subsection
(1'.) above by the applicable zoning district, but not to be less
than ten (10) feet.
***
(j) Yards - Through lots.
***
(2) In the R-7, R-5, and R-3 Residential Single-Family Districts and the
RM-1 and RM-2 Residential Mixed Density Districts, two (2) one (1)
front yard yams shall be provided pursuant to Section 36.2-205(f)(2),
and one (1) front yard shall be provided pursuant to the minimum front
yard requirement of the applicable zoning district.
***
3. Section 36.2-314, Commercial Districts (CN, CG, CLS), of Division
1, Base Districts - Residential. Commercial. and Industrial,' 936.2,.332,
Neiahborhood Desian Overlav District (NO), of Division 3, Overlav Districts, and
936.2-340, Use matrix, of Division 4, Use Matrix, of Article 3, Reaulations for
Specific Zonina Districts, of Chapter 36.2, Zonino, of the Code of the City of
Roanoke (1979), as amended, are hereby amended and reordained to read and
provide as follows:
3
Section 36.2-314. Commercial Districts (CN, 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
permeable paver system.
***
Section 36.2-332. Neiohborhood Desion Overlav District (NO).
* * *
(b) Applicability.
(1) The City Council may, in the manner provided for amending this
chapter, pursuant to the procedures set forth in Section 36.2-540,
apply the Neighborhood Design Overlay District (NO) to areas of
the City that are designated Rehabilitation and Conservation. Areas.
The regulations of this section shall apply to the construction of, an
addition to, or the exterior modification of a dwelling in a designated
NO Overlay District. new d'lIollings, new accessory buildings, or
expansions of existing dwellings in a designated NO Overlay
District.
***
(c) Design standards. In considering an application for a zoning
permit, the Zoning Administrator shall apply the following standards.
for construction of, an addition to, or the exterior modification of a
dwelling in the Neighborhood Design Overlay District (NO): a new
dwelling, a new accessory building that is accessory to a dv.'elling,
or expansion of an existing dwelling in the NO Overlay District:
(1 ) Building location and massing:
***
~
(B) A new dwelling shall have two (2) stories above the
grade of the front yard where. lots on both sides have
two-story dwellings. /\ new dwelling shall have one (1)
story where lots on both sides have one story
dwellings. '-"/here no d\\'elling exists on either or one
4
(1) side, tho number of stories shall be the same as
the majority of dwellings on the same side of the
same block. For the purposes of this section, a story
shall be a finished floor level with at least soven
hundred (700) square feet that is at or above the
grade of the front yard.
***
(2) Roofs:
* * *
(8) The roof of a new dwellin~ main roof form shall have
a minimum of three surfaces, complex roof form such
as a hipped, intersecting, offset, or dormered roof,'
except where the gable end faces the street and a
porch extends the full width of the dwelling, the roof
covers a full v..idth porch, in which case the roof may
have a simple two-surface configuration.
(C) Eave and gable overhangs for all new dwellings and
additions to dwellings shall be at least twelve (12)
inches.. However, an addition to an existing dwelling
shall not be required to have overhangs wider than
those of the existing dwelling.
***
(E) Above-grade entrances on a building fa9ade facing a
required front yard the front or side of a d\\'elling shall
be covered with a roof with a minimum width and
depth of thirty-six (36) inches.
(3) Entrances and windows:
(A) The dwelling shall have at least one (1) entrance
facing the primary front yard. The number of doors
facing the primary front yard shall be limited to one (1)
door for every eighteen (18) twenty (20) feet of
dwelling width. Single- and two-family dwellings may
have two entrances facing the primary front yard
regardless of dwelling width /\ second entrance facing
the, primary front yard may be included on a side of a
single family or two family d\....elling if the second
5
entrance is recessed at least six (6) feet behind the
main front entrance.
***
(F) All stairs facing a required front yard shall have solid
risers.
(G) A sidewalk at least four (4) feet in width shall be
provided betw~en the front porch of a new dwelling
and the street. The sidewalk shall be constructed of
an impervious material customarily used for sidewalks
in the district.
(4) Siding and trim:
(A) The siding of any dwelling or 3ccessory structure,
exclusive of trim materials, shall not be oriented
vertically. oriented.
(8) Windows and doors shall be surrounded by trim which
is at least three and one-half (3 1/2) inches wide,
except for dwellings with masonry veneer siding, in
which case no trim around doors or windows is
required. However, an addition to or modification of
an existing dwelling shall not be required to have
window and door trim that is wider than that of the
existing dwelling.
(C) Vertical corner boards at least three and one-half (3
1/2) inches wide shall be provided on all dwelling
corners, except where the dwelling has a maspnry
veneer. siding material is brick or stucco.
(D) AU Any exterior wooden elements on a dwelling's
fa9ade facing a required front yard of the d'Nelling
shall be painted or be stained with an opaque stain.
(5) Porches:
(A) Single- and two-family dwellings shall have a covered
front porch at least one-half (1/2) the width of the
dwelling's facade, and having witR a depth of at least
six (6) feet. The front porch shall face the primary
front yard. .
6
* * *
(D) Front porch columns shall be uniform in shape and
style and sAaU-be at least five and one half (5 m)
inches wide at their bottom and top. Front porch
columns shall have a base and cap that are at least
one (1) inch thick and are at least 120 percent of the
width of the column.
(E) The underside of front porches and stairways
between pier supports and the underside of exterior
stairways shall be enclosed.
(6) Additions and accessory structures:
, (^)
"
Detached accessory buildings, including garages and
carports, shall be located behind the back of the
d\\'elling.
fBj(A)An attached garage or carport shall be offset at least
twenty-four (24) inches behind the front facade of the
dwelling. The bay door of an attached garage shall
not face the primary front yard.
{G1(B)An addition to an existing dwelling shall be located on
the rear or side of the dwelling, except a porch may
be added to the front of the dwelling. An addition to
the side of a dwelling shall be set back from the
dwelling's front face by twenty-four (24) inches or
more.
***
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" means permitted as of right as a principal use; "S" means permitted by special exception as
a principal use; A blank cell means prohibited. Under '~ccessory Uses, " ''A'' means permitted as an
accessory use; "S" means permitted by special exception as an accessory use; and a blank cell
means prohibited.
7
>. >. 0>
C - - -0 U
~ C ~ 'en 'en 0 ro
E c c .c 0 0> 0..
(ij ro E E E 0> 0> .c - en
u.. ro ro ro 0 0 E .... U5
.... 0
) ::I- I U. u.. u.. -0 -0 ro ..c (ij c - 0 0
- ~ I I ~ .... 0> 0> C ::>
"3 ~ ~ 0> 0> ..... .c 0> C> - 0- 0> ::>
C> '.;:J
.~ .~ "3 C> c .... u 0 E n. n.
u .S OJ C> C> ro "i:: ' 0
.;:: .S c c :E :E :E '(ii 0> .....I (ij - 0- 0> (ij ::>
C> en U5 U5 z CD I (ij .~ 06 .Q en
<( en (ij (ij I I (ij .;:: 0 ::> c n.
(ij (ij (ij .;:: - c 0> 0
I ni (ij (tj +=- +=- (tj '0 en 0
ni '.;:J +=- - ::I 0> > -0 +=- (ij
c c '0 '0 en (ij
+=- c +=- +=- +=- 0> 0> C .... ::I -0 en ~ 0> 0> ::I .;::
0> c C C 0> .... .... 0> C ::> c 0 >< - -
C -0 0> 0> 0> -0 -0 -0 0> 0> E -0 ..5 s: 0 0> ~ +=- en
0> 'en 'en E E ..5 .... t en ::I
-0 'en :Q :Q -0 'en E >. 0 -0 +=- u ..5
'en 0> 0> E > - 0> ::I 0 -0
'en 0> en en 0> E 0 - c - 0> 0- 0 ..5
a: 0> 0> 0> a: a: a: 0 .c ro >< '.0 a: 0
0> 0 0 C> 0> s: ~ .... ::>
0: 0: 0: rn <(
0: C\J T- C\J u.. 0 0 :.J I 0 ..5 en n. ::> 0
I I en
<( T- .1'-- LO (Y) :E :E :E z (!) .....I C\J 0 X 0 0 X n. ::>
I I I I T- Z Z n.
Use a: a: 0: 0: a: a: a: a: 0 0 0 ....!.. ....!.. 0 :E - 0: <( :E -
***
I Assembly and Entertainment
***
Amphitheater
p
p
***
4. Section 36.2-403, Accessory uses and structures, of Article 4,
Supplemental Reaulations, 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:
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 following setback and spacing requirements shall apply
to accessory structures:
* * *
/
8
(2) Accessory structures shall be located no closer to any public
street than the principal building, except as set forth in (A)
and (8) below, provided such exceptions set forth in (A) and
(B) below shall not apply to refuse dumpster enclosures.
,
* * *
5. Section 36.2-510, General procedural requirements, of Division 1,
Generallv, 936.2-521, Generalapplicabilitv, of Division 2, Administrative Permits,
936.2-541, Conditional rezoninas, of Division 4, Zonina Amendments and
.
Conditional Rezonina, 936.2-552, Basic development plans, and 936.2-553,
\
Comprehensive development plans, of Division 5, Development Plans, of Article
5, Procedures, of Chapter 36.2, Zonina, of the Code, of the 'City of Roanoke
(1979), as amended, are hereby amended and reordained to read and provide as
,
follows:
Section 36.2-510. 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.
(1)' Application materials: Curreht application materials shall be
made available in the Department of Planning, Building and
Economic Development. Applications shall be accompanied
by payment of all fees and charges as set forth in the fee
schedule established by the City Council. Applications that
require a public hearing or public meeting pursuant to this
Chapter or the Code of Virginia (1950), as amended, shall
be filed by a deadline as established by the applicable
commission or board.
* * *
9
Section 36.2-521. General applicability.
No development may be undertaken unless all applicable permits are
issued in accordance with this Chapter. At a minimum, no development may occur
until a zoning permit has been obtained from the Zoning Administrator and a building
permit is obtained from the Department of Planning, Building and Economic
Development.
* * *
Section 36.2-541. Conditional rezoninQs.
***
(f) Recording of conditions. The OffidalZoning Map shall show by an
appropriate symbol on the map the existence of conditions attached to
the zoning district designation on the map. The Zoning Administrator
shall keep in the Department of Planning, Building and Economic
Development and make available for public inspection a conditional
zoning index. Such index shall provide ready access to each ordinance
creating such conditions. The index shall also provide ready access to
all proffered cash payments and expenditures disclosure reports
prepared by the City Council pursuant to Section 15.2-2303.2, Code of
Virginia (1950), as amended. The Zoning Administrator shall update
the index annually and no later than November of each year.
***
Section 36.2-552. Basic development plans. .
/
(a) Applicability. In those circumstances where one of the following
activities is proposed, and where the provisions of Chapter 11.4,
Stormwater Management, of this Code are not applicable, a A basic
development plan shall be submitted with all zoning permit
applications; in tho follO'.~.'ing casas:
(1) Construction, reconstruction, moving, or addition to a single-
family detached dwelling or permitted accessory structure and
including associated grading and clearing, when development
is not in conjunction with the construction, reconstruction,
moving or addition to another single-family detached dwelling or
permitted accessory structures on the same lot or on an
adjacent lot under the same ownership at the time of
application; or
10
(2) Construction, reconstruction, moving, or addition to a two-family
dwelling and including associated grading and clearing, when
development is not in conjunction with the construction,
reconstruction, moving, or addition to other two-family dwellings
on the same lot or on an adjacent lot under the same ownership
at the time of application; or
(3) Additions to buildings or intensification of uses not exceeding
ten (10) percent of the floor area of a building and where the
number of required parking spaces is increased no more than
three (3) spaces; or
.'
(4) Additions of up to, but not more than, four (4) parking spaces; or
(5) Additions of less than two thousand (2,000) square feet of
impervious surfaces other than rooftops or parking areas.
***
I
Section 36.2-553. Comprehensive Development Plans.
***
(d) Approval criteria.
(1) The comprehensive development plan shall comply with all
applicable requirements of this Chapter.
(2) Where erosion and sediment controls for the development are
required by the provisions of Chapter 11.1, Erosion and
Sediment Control, of this Code, an erosion and sediment
control plan shall be implemented. The design of all drainage
improvements shall conform to Chapter 11.4, +-+-.2-;- Stormwater
Management, of this Code. '
***
6. Section 36.2-621, Applicability, 936.2-622, Exempt liahtina, 936.2-
)
623, Definitions, 936.2-624, Liahtina plan, 936.2-625, Outdoor liahtina standards,
of Division 2, Outdoor Liahtina, 936.2-642, General landscapina and screenina
materials, 936.2-645, Street yard trees, 936.2-646, Facade plantina, 936.2-647,
, I
Buffer yards, 936.2-649, Screenina of specific uses and facilities, of Division 4,
1 1
L.andscapino and screenino, 936.2-653, Maximum off-street parkino, 936.2-654,
Off-street parkino area standards, of Division 5, Off-Street Parkino and Loadino,
936.2-668, Types and number of on-premises sions, and 936.2-676, On-
premises sions for nonconformino uses in residential districts, of Division 6,
Signs, of Article 6, Development Standards, of Chapter 3'6.2, Zonino, of the Code
of the City of Roanoke (1979), as amended, are hereby amended and reordained
to read and provide as follows:
Section 36.2-621. Applicability.
(a) The regulations of this Division shall' apply to the, installation or
replacement of any outdoor lighting installed or replaced in
association with:
(1) A basic development plan;
(2) A comprehensive development plan;
(3) The erection of a new light support structure exceeding eight
(8) feet in heightin any zoning district;
(4) New flood lights or spot lights attached to existing structures
in residentially zoned districts; or
(5) New lighting fixtures attach~d to existing structures in
nonresidentially zoned districts.
(b) The routine servicing or lamp replacement maintenance of any
existing. outdoor lighting fixture, such as changing lamps or light
bulbs, ballast, starter,. photo control, housing, lenses and other
similar components, does not constitute replacement and shall not
be subject to the requirements of this Division.
Section 36.2-622. Exempt liohtino.
. The following outdoor lighting shall be exempt from the requirements of
this Division:
* * *
12
(c) Accent directional lighting to emphasize the facade of a building or
other architectural elements, provided they are such lighting is
aimed so as to preclude light projection beyond. the immediate
objects intended to be illuminated.
* * *
Section 36.2-623. Definitions.
The words, terms, and phrases used in this Division shall be defined as
set forth in this section and in Appendix A. For the purposes of this Division, 'to
the extent of any inconsistency between Appendix A and this sectidn, the
definitions provided in this section shall control. \
Flood or spot light: A form of lighting, 'Nith reflecting or refracting
elements, designed to direct/its output in a specific direction. Any lamp
that incorporates a reflector or a refractor to concentrate the light output
1nto a directed beam in a particular direction. A floodlight is a fixture
designed to flood a well-defined area with light. A spotlight is a lighting
assembly designed to direct and concentrate the output of a contained
lamp in a specific tightly focused direction (generally a directed beam of
less than 25 degrees in a particular direction) with a reflector (or refractor)
located external to the lamp.
Fully shielded fixture: Lighting fixture constructed in such a m(,lnner
that all light emitted by the fixture, either directly from the lamp or a
diffusing element, or indirectly by reflection or refraction from any part of
the luminaire, is projected below tRe a horizontal plane running through
the lowest point of the lighting fixture where light is emitted. The lamp or
any optical part (a reflector, prismatic lens or a clear nonprismatic lens) is.
not visible from the side of a luminaire (or any angle above) at or above a
horizontal plane running through the lowest point on the lighting fixture
where light is emitted if it is fully shielded. Shielding devices may include
internal or external louvers.
House shield. A manufacturer provided attachment to the lighting
fixture which interrupts and blocks the path of light emitted from a lighting
fixture.
***
Light trespass: Light emitted by an Goutdoor lighting fixture that falls
falling beyond the lot lines of the use it is intended to serve property on
which the fixture is located and spilling spills over and shining shines onto
adjacent properties and public rights-of-way.
1 3
***
Replacement of outdoor lighting: A change of lighting fixture type, or a
change to the mounting height or the location of the fixture.
* * *
Section 36.2-624. Liohtino 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), aAEi-(d), and (e) below, shall be sufficiently
complete to enable the Zoning Administrator to readily determine whether the
proposed outdoor lighting complies with the requirements of this Division. If such
plans, profiles, and descriptions ~annot enable this ready determination, the
applicant shall submit additional evidence of compliance. A required lighting plan
shall contain, but shall not necessarily be limited to, all of 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.
(a)
(b)
(c)
Site plan, drawn to scale, -PtaAs indicating the location on the lot of
all outdoor lighting fixtures, both proposed and any already existing
on the lot freestanding, building-mounted, and canopy lighting;
The mounting heights of all proposed outdoor lighting fixtures, betA
pole-mounted, aM building-mounted, and canopy lighting, and the
heights of any support structures;
A Manufacturer's specifications and details description of for all
proposed outdoor lighting fixtures, poles or other supports, and
shielding devices, which description shall include manufacturer and
model number. and manufacturer's catalog cut sheets,
specifications, and illustrations which clearly describe and illustrate
the fixture and any pole or support, provide a section of the fixture
illustrating the lamp, socket, and reflector locations, provide a.
description of any shielding devices, and illustrate the angle of cut-
off of light emissions; and a description of any shielding devices to
14
mitigate light trespass and glare to abutting lots and public streets;
aM
(d) A profile showing the angle at which the proposed outdoor lighting
fixture will be mounted to the support structure-;-; and
(e) Drawings of all relevant building elevations showing the location
and mounting heights of any building-mounted lighting fixtures.
***
Section 36.2-625. Outdoor Iiqhtinq standards.
(a) Generally.
(1) All outdoor lighting shall be located, aimed, and shielded so as not
to present glare on abutting lots or public streets and to minimize
spill light trespassing across lot lines.
(2) No outdoor lighting shall be permitted which shines directly into
abutting residential dwelling units, buildings on adjacent lots, or
abutting public streets, or for which the point source of illumination
(arc tube) is visible at the property line.
* * *
(4)
,Flood or spot lights shall be permitted only when mounted to
buildings, subject to the mounting heights 6f 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). 'Nhen the light source is visible from any
abutting lot.
***
(6) Electrical feeds to lighting standards shall run underground, not
overhead.
(7) Building-mounted uplighting is permitted only if the light distribution
from the fixture is effectively contained by an overhanging
architectural element which can functionally contain or limit
illumination beyond the roof of the building.
(b) Shielding.
15
***
(2) All canopy lighting shall be fully shielded or fully recessed so the.
lens cover is recessed or flush with the bottom surface (ceiling) of
the canopy. Lights shall not be mounted on the top or sides
(fascia) of the canopy.
(3) Wallpacks shall be installod and fully shielded. in such a mannor
that thoy onocti'.'oly comply with tho standards of Soction 36.2
625(a).
(c) Mounting heights:
(1 )
Pole-mounted lighting: Lighting fixtures mounted onto a pole or any
structure intended primarily for the mounting of lighting shall be
subject to the following height regulations: not oxceed a hoight of
fifty (50) porcont of tho distanco of the light polo to tho lot lino as
moasured in a horizontal piano, or a maximum hoight of forty (10)
foot, whichovor is lowor, oxcept as providod be 1m\':
(A) In all residential districts, the MX, Mixed Use District, and the
IN, Institutional. District, pole-mounted lighting shall be
located no closer than ten (10) feet to any lot line and shall
not exceed eighteen (18) feet in height, measured from the
lowest light emitting part of the fixture to the adjacent grade.
Lighting for tonnis courts or swimming pools on residentially
zonod lots shall not oxcoed tv/onty (20) foet abovo court or
pool dock surface.
(8). In nonresidontial all zoning districts, other than those set
forth in subsection (A) above, heights pole-mounted lighting
shall not exceed thirty-five (35) feet in height, measured from
the lowest light emitting part of the fixture to the adjacent
grade, provided that any lighting fixture within thirty (30) feet
of an abutting lot line of a residentially zoned property is
equipped with a house shield which side shields the light
fixture on the side of the residentially zoned lot. greater than
. fifty (50) percont of the distanco from tho light pole to tho lot
Iino as measured in a horizontal piano but no greator than
forty (10) feet shall bo pormitted provided tho light fixture is
side shioldod on tho sido of tho lot Iino.
(2) Flood or spot lights mounted to residential dwellings or accessory
buildings in residential districts: Flood or spot lights attached to
single-family, aAG-two-family, multifamily, and townhouse dwellings
16
or accessory buildings in residential districts shall not exceed the
height of the eaves.
***
Section 36.2-642. Generallandscapino and screenino materials.
***
(b) Planting materials. Where landscaping is required by this Division,
the following standards shall apply:
* * *
(2) Where evergreen or deciduous shrubs are required by this
Division, such shrubs shall have a minimum height of
twenty four (21) eighteen (18) inches at the time of
planting.
* * *
Section 36.2-645. Street yard trees.
Deciduous trees, as set forth in Section 36.2-642, Table 642-1,
shall be provided between the building line and any public street right-of-
way when such building line is twenty-five (25) feet or more from the
abutting public street right-of-way. One (1) such tree shall be provided for
each fifty (50) feet of lot frontage, or portion thereof, exclusive of any
perimeter parking area landscaping strips as required in Section 36.2-
648(b)(5).
Section 36.2-646. Facade plantino.
Structures containing single-family, two-family, townhouse or rowhouse,
or multifamily dwelling units shall be subject to the following landscaping
requirements:
(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
shall be planted in the area between the street right-of-way of the
public stroet and the principal building.
* * *
1 7
Section 36.2-647. Buffer yards.
Table 647-2. Required Buffer Yards
Zoning District of the Zoning Lot(s) on
Which Development is Proposed
***
Zonin District of Abutlin Lot s)
cr)
rJ:
to
rJ:
",-
rJ:oo
-0
~a:
rJ:~
-~
~a:
LL
2
a:
C\I-
~
6
::>
0...
z
Z
>< 0
20 ::>
0...
-::> C\I
00... 00- ...!..
z-x ~ -
-' T""
02 0 .0 I
"
--
B C C D
-- I A -- A --
A A -- A --
A --
B
C
roval of MXPUD
(
Rules of Interpretation for Table 647-2:
(1) 'W', "B", "C", "0", and "E": Buffer yard categories as established in Table 647-1.
(2) A dash ("--") means no buffer yard shall be required.
C
D
B
C
C
D
E
Section 36.2-649. Screenina of specific uses and facilities.
II
II
D
E
In addition to the other requirements of this chapter, the following facilities
and functions of uses shall be screened as follows:
***
(a) Dumpsters and refuse containers: Refuse dumpsters and other
similar refuse containers shall be screened from adjacent public
streets and adjoining propertios with an enclosure, pursuant to the
screening regulations of Section 36.2-642(c), at a minimum height,
of one (1) foot above the height of the dumpster or other similar
receptacle.
18
* * *
Section 36.2-653. Maximum off-street parkino.
***
\..
(c) The maximum number of off-street parking spaces permitted, as
established in Section 36.2-653(a), shall not apply to parking
structures or parking areas with pervious pavement utilizing
permeable paver systems or to parking structures.
***
Section 36.2-654. Off-street parkino area standards.
***
(b) Construction standards. Off-street parking areas shall comply with
the following construction standards:
(1) All off-street parking areas shall be graded for drainage and
surfaced with concrete, asphalt, bituminous pavement, brick
or stone pavers, or a pervious surface pavement permeable
paver system, except as follows:
***
(8) The Zoning Administrator may permit gravel or a
similar surface to be used in fleet or motor vehicle
storage yards if the applicant establishes that dust will
not be generated in an amount in excess of that which
would be generated by a paved surface or pervious
surface pavement permeable paver system.
.J
***
(d) Location standards. Off-street parking areas, and fleet or motor
vehicle storage yards, shall be subject to the follow location
standards:
***
(3) In the Neighborhood Design Overlay District (NO), off-street
parking, if provided, shall be located to the roar of side of the
19
principal building beyond the building line. In the case ot a
corner lot, this regulation shall apply only to the building line
established by the primary building ta9ade.
Jj
***
(f)
Driveway standards.
(1 )
!
Driveways and off-street parking spaces for single-family
detached dwellings, regardless of zoning district, shall be
subject to'the following location and dimensional requirements,
with such requirements applying to the portion of the driveway
and off-street parking spaces located between the stFeet right-
ot-way and the building line. established by the principal
structure on the lot.
***
(C) Driveways and off-street parking spaces, except those
off-street parking spaces provided in a garage or carport,
shall not exceed a maximum of thirty (30) percent of the
lot area between the street right-ot-wayand the building
line; established by the principal structure on the lot; and
(D) Lot frontages of less than one hundred (100) feet shall
be limited to one (1) curb cut driveway entrance. Any
driveway on such lot frontage shall meet a minimum
width requirement of ten (10) feet and shall not exceed a
maximum width of twenty (20) feet or fifty (50) percent of
the front lot line, whichever is less; and
(E) For lot frontages of one hundred (100) feet or more, the
total width of driveway entrances (curb cuts) shall not
exceed fifty (50) percent of the lot frontage. Any
driveway on such lot frontage shall meet a: minimum
width requirement of ten (10) feet and shall not exceed a
maximum width of twenty (20) feet.
***
Section 36.2-668. Types and number of on-premises signs.
In addition to the other applicable regulations set forth in this Division, on-
premises signs shall meet the dimensional, height, and setback regulations as
set forth in ;fable 669-1.
Table 668-1. Types and Number of On-Premises Signs Permitted by Zoning
Districts1
20
TABLE INSET:
(A) (8) (C) (D) (E) (F) (C) (H) (I) (J) (K)
VI "0
ti 011.0 s::: s:::
"i: c.- (<j'-
VI
.....- VI OJ
V'J="'-
.- Q) 0 s::: VI VI
"O:S:VI .2 :::J u.. 0
-"0.... :;; 0I::iE '0::
(1) .~ >- ~ Cl
"OS:::O:: Z :::J
~E E . 0'-
E'~ "0 ~
..J s::: 2) X
~ (<j g- ~ E c. (<j ~ c:i
V'J~-vtE' :::J ::iE
Q)......aJ+J O::lN Q. , VI :::J
L.:;>._ U 0 ' x z- L:J - Q. Cl
-=::iE~5c UL.::iE oJ ~
4:L:J0:: ::iE U u Cl u , 4:
(2) Freestanding Signs, subject to Y Y - Y Y Y Y Y Y Y
Section 36.2-670
(3) Freestanding Sign Structures: 1 1 - 1 1 1 - , 1 1 1
Maximum number per lot front-
aae
(4) Building-Mounted Signs, subject Y Y - Y Y Y Y Y Y Y
to Section 36.2-671
(5) Upper Story Wall Signs, subject N N - N Y Y Y N Y, N
to Section 36.2-672 INPUD
N,
IPUD
(6) Sandwich board or A-Frame N N - N. .N Y, N N N N
signs (per storefront) limit
\ of 1
(7) Sian Characteristics:
(8) Illuminated Signs, subject to N N Y' Y Y Y Y Y Y
Section 36.2-666
(9) Chanaeable COpy Sians' N N - Y Y Y Y Y Y N
(14) Electronic Readerboards. N N N N Y N Y N Y N
(l0) Public Service Message Boards, N N N N N Y N N N N
subiect to Section 36.2-674
4
"Y" means permitted; "N" means not permitted.
In MXPUD, the types and numbers of permitted signs shall be determined as a
component of the approval of the MXPUD District, unless otherwise not
permitted as set forth in this table.
In CLS District, for 200 linear feet or less of lot frontage, maximum of one (1)
freestanding sign; for 201 to 400 linear feet of lot frontage, maximum of two (2)
freestanding signs; for 401 to 600 linear feet of lot frontage, maximum of three
(3) freestanding signs; for more than 600 linear feet of lot frontage, maximum of
four (4) freestanding signs.
Illuminated signs in the MX and IN Districts, District shall not exceed fifteen (15)
square feet in sign area.
Any changeable copy sign shall be required to abut or connect with a static sign
face, and shall not exceed eighty (80) percent of the overall sign of which it is a
part.
Any electronic readerboard shall 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 an integral part, provided that no electronic readerboard in the
CG District shall 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, shall 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. '
21
* * *
Section 36.2-676. On-premises siems for nonconformina uses in
residential districts.
For nonconforming, non-residential uses in residential districts, one (1)
building-mounted sign shall be permitted, provided such sign shall not exceed six
(6) square feet in sign area, shall not be illuminated, and shall not be a
changeable copy sign or an electronic readerboard.
7. Section 36.2-815, Officers: aoent: staff: special requests, of
Division 1, City Plannino Commission, 936.2-825, Officers: aqent; staff, of
Division 2, Architectural Review, Board, and 936.2-835, Officers; staff, of Division
3, Board of Zoninq Appeals, 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 36.2-815. Officers: aoent: staff: special requests.
(a) Officers; secretary; agent.
* * *
(2) The Commission shall elect a Secretary to the Commission
from the staff of the Department of Planning, Building and
Economic Development, whose term shall be for one (1)
year, with eligibility for re-election.
(3) The Commission shall elect an Agent from the staff of the
Department of Planning, Building and Economio
Development, whose term shall be for one (1) year, with
eligibility for re-election.
)
22
(b) Staff; special requests.
(1) The Department of Planning, Building and Economic
Development shall provide technical and other services as
the Commission may require.
* * *
Section 36.2-825. Officers; aQent; staff.
(a) Officers; secretary; agent.
* * *
(2)
The Board shall elect a Secretary to the Board from the staff
of the Department of Planning, . Building and Economic
Development, whose term shall be for one (1) year, with
eligibility for re-election. .
(3)
The Board shall elect an Agent from the staff of the
Department of Planning, Building and Economic
Development, whose term shall be for one (1) year, with
eligibility for re-election.
(b) Staff. The Department of Planning, Building and Economic
Development I shall provide technical and other services as the
Board may require.
* * *
Section 36.2-835. Officers; staff.
(a) Officers; secretary.
* * *
(2) . The Board shall elect a Secretary to the Board from the staff
of the Department of Planning, Building and Economic
Development, whose term shall be for one (1) year, with
eligibility for re-election.
* * *
23
8. Appendix A, Definitions, of Chapter 36.2, ZoninQ, of the Code of the
I
City of Roanoke (1979), as amended, is hereby amended and reordained to read
and provide as follows:
* * *
Agent to the Architectural Review Board: The staff member of the Department of
Planning, Building and Economic Development who has been elected by the
Architectural Review Board to review applications for a Certificate of
Appropriateness.
Agent to the Planning Commission: The staff member of the Department of
,Planning, Building and Economic Development who has been elected by the
Planning Commission to review development plans and other matters related to
this Chapter.
* * *.
Driveway entrance: The connection between a public or private right-ot-way and a
lot adjacent to the right-ot-way that is intended to provide access tor vehicles trom the
right-ot-way to the adjacent lot.
***
PeNious pavement Permeable paver system: Pavement system \Nith traditional
strength characteristics, but v:hich has a proven capability of allowing rainfall to
percolate through it. Such a permeable pavement system utilizes porous asphalt,
peNious concrete, or plastic pavers interlaid in a running bond pattern and oither
pinned or interlocked in place. Porous asphalt consists of an open graded course
aggregate held together by asphalt ':..ith sufficient interconnected '.'oids to provide
a high rate. of permeability. Pervious concrete is a discontinuous mixture of
Portland cement, coarse aggregate, admixtures, and water which allows for
passage of runoff and air. A grid system utilizing plastic or concrete pavers with
surface. voids within or between the pavers, arranged over a sand setting bed
and a coarse base, and where the surface voids are tilled with grass, sand, or
gravel. Such a system allows water to filter through the surface voids and reach
the underlying soils. For purposes ot this detinition, a permeable paver system
shall have permeable voids which represent at least a torty (40) percent pervious
surface.
***
24
9. Section B-1, Basic Development Plan, of Appendix B, Submittal
Requirements, 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:
Section B-1. Basic Development Plan.
***
(b) A basic development plan submitted for approval shall include a
completed application form, 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:
***
(6) Location and dimensions, to scale, of all existing and
proposed structures on the lot, including the delineation and
dimensions ot any overhangs or eav~s.
(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 the
adjoining lot .if minimum or maximum front yard is subject to
Section 36.2-205(f)(2) (A) and (B). Setback measurements
shall be based on the distance trom adjoining property lines
to the line parallel to the street right-ot-way that passes
nearest that street right-or-way, with such point being thirty
(30) inches or greater above the graded ground level. (If a
structure has overhangs or eaves, setbacks should be
measured trom the turthest projection ot the overhang to the
street right-ot-way on a line that is parallel to that street right-
ot-way.)
***
(c) If the application for basic development plan approval proposes
construction that will require a land disturbing activity in or upon
critical terrain that slopes towards adjacent properties, streets,'
alleys, streams, or creeks, or if the proposed land disturbing activity
is found by the Zoning Administrator to involve site-specific features
which warrant a review of erosion and sediment control or it such
proposed activities are applicable under Chapter 11. 1 Erosion and
25
Sediment Control, of this Code, a grading and erosion and
sediment control plan, prepared by a licensed professional
engineer, surveyor, or architect, shall be required. If the proposed
construction 'NiII not require a land disturbing activity in or upon
critical terrain as previously set forth in this subsection and tho land
disturbing activity being proposed is less then 2,000 square feet,
the application may be permitted to execute an agreement in lieu of
an erosion and sediment control plan. Where application is made
for a permit for the purpose of preparation for the construction of a
single-family residence, an agreement in lieu of a plan may be
substituted for an erosion and sediment control plan.
* * *
10. 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.
* * *
(d) A comprehensive development plan shall include, at a minimum,
the following:
* * *
(3) Proposed use of the property and buildings:
***
(E) Dimensional layout of all buildings and structures
existing or proposed to be constructed, erected, or
placed on the property, including the delineation and
dimensions of any building overhangs or eaves, and
the delineation of minimum, and maximum if
applicable,' yard depths for front, side, and rear yards,
as required by the applicable zoning district
regulations
* * *
(4) Parking, loading, and driveway requirements:
26
***
(K) If applicable, details of pervious pavement a
permeable paver system to be utilized to exceed
maximum permitted off-street parking pursuant to
Section 36.2-653(c).
***
(21) Stormwater management:
***
(C) Calculations of pro development and post
development and pond routing as required in Chapter
11.4, +h-2-; Stormwater Management, of this Cpde
and the Stormwater Management Design Manual
(provided under separate cover, not on drawings);
and
***
(f) Any development activity subject to section 15.2-2222. 1 of the
Code of Virginia (1950), as amended, shall have a Comprehensive
Plan and Traffic Impact Analysis submitted to the Virginia
Department of Transportation (VDOT) for review and
recommendations in accordance with VDOT's Traffic Impact
Analysis Regulations and Administrative Guidelines.
tf-)(g) If the development requires the installation of public improvements,
such as street dedication, utilities, stormwater facilities, or erosion
and sediment and control measures, anyone (1) or more of the
documents set forth below may be required. In all such instances of
the need to submit anyone (1) or more of the agreements and/or
guarantees delineated below, the preparer of the comprehensive
development plan shall submit a schedule of cost estimates in unit
quantities, with totals, for all proposed public improvements,
erosion and sediment controls practices, and stormwater
management measures, as part of the comprehensive development
plan submittal.
* * *
27
-,
11. 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.~
City Clerk
\
28
Architectural Review Board
Board of Zoning Appeals
Planning Commission
CITY OF ROANOKE
PLANNING BUILDING
& ECONOMIC DEVELOPMENT
215 Church Avenue, S.W., Room 166
Roanoke, Virginia 24011
Telephone: (540) 853-1730 Fax: (540) 853-1230
E-mail: planning@roanokeva.gov
December 17, 2007
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:
An ordinance amending and reordaining Sections 36.2-100, Title,
36.2-205, Dimensional requlations, 36.2-314, Commercial Districts
(CN, CG, CLS), 36.2-332, Neiqhborhood Desiqn Overlay District
(ND), 36.2-340, Use matrix, 36.2-403, Accessory uses and
structures, 36.2-510, General procedural requirements, 36.2-521,
General applicability, 36.2-541, Conditional rezoninqs, 36.2-552,
Basic development plans, 36.2-553, Comprehensive development
plans, 36.2-621, Applicability, 36.2-622, Exempt Iiqhtinq, 36.2-623,
Definitions, 36.2-624, Liqhtinq plan, 36.2-625, Outdoor liqhtinq
standards, 36.2-642, Generallandscapinq and screeninq
standards, 36.2-645, Street yard trees, 36.2-646, Facade plantinq,
36.2-647, Buffer yards, 36.2-649, Screeninq of specific uses and
facilities, 36.2-653, Maximum off-street parking, 36.2-654, Off-street
parkinq area standards, 36.2-668, Types and number of on-
premises siqns, 36.2-676, On-premises siqns for nonconforminq
uses in residential districts, 36.2-815, Officers; aqent; staff; special
requests, 36.2-825, Officers; aqent; staff, 36.2-835, Officers; staff,
Appendix A, Definitions, and Appendix B, Submittal Requirements,
of Chapter 36.2, Zoninq, of the Code of the City of Roanoke (1979),
as amended, for the purpose of updating and clarifying the City's
zoning ordinance.
Planning Commission Action:
Planning Commission public hearing was held on Thursday, November 15, 2007.
There was no one present to speak for or against the proposed amendments. By a vote
of 7-0, the Commission recommended that city Council approve the proposed
amendments to the City's Zoning Ordinance.
Background:
With the adoption of Chapter 36.2, Zoning, of the Code of the City of Roanoke (1979),
as amended, staff committed to monitoring the application of the adopted zoning
regulations, and upon evaluation, presenting amendments which clarify adopted.
regulations or refine regulatory concepts based on their practical application.
Considerations:
In October 2006, staff presented a package of text amendments, ultimately
recommended by the Planning Commission and adopted by the City Council on
November 20, 2006. Over the last 12 months, staff has continued to monitor the
practical applications of the zoning ordinance and has identified certain areas of the
ordinance which require clarification, refinement, or a change in regulatory concept.
Dimensional Regulations:
The proposed amendments include the following revisions regarding dimensional
regulations:
. Front yards on corner lots: In those circumstances where the primary front yard
depth is subject to the "infill rule," the proposed amendments require that any
secondary front yard be subject to a depth of at least one-half the depth of the
minimum front yard depth of the applicable zoning district, but not to be less than
ten (10) feet.
. Front yards on through lots: In those circumstances where the primary front yard
depth is subject to the "infill rule," the proposed amendments require that the
second front yard be subject to the minimum front yard depth of the applicable
zoning district.
Neighborhood Design Overlay District (NO) Regulations:
The proposed amendments to the Neighborhood Design Overlay District (NO) include
the following:
. Expand the applicability of the section to include exterior modifications of a
dwelling.
. Remove story and square footage requirements, except in the case of a new
dwelling with two-story dwellings on both sides.
. , Allow a new dwelling's main roof to have two surfaces when its gable end faces
the street and a porch extends the full width of the dwelling.
. Ensure window treatment and eave/gable overhangs on additions are compatible
with the existing dwelling.
2
. Clarify location of elements subject to NO requirements.
. Reduce the required width of front porch columns and require a base and cap
. proportionate to the column.
. Remove regulations dictating the location and exterior treatment of accessory
, buildings.
Use Matrix:
The proposed amendments include the following revision to the Use Matrix:
. Amphitheater will be permitted as of right in the INPUD, Institutional Planned Unit
Development District.
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, applicability of the outdoor lighting regulations, and certain
definitions, the addition of a regulation requiring underground electrical feeds to
lighting standards, and the revision of allowable pole heights by zoning district;
. Landscaping and screening: The reduction in the required height of shrubs at
the time of planting, deletion of certain required buffer yards, and revision of the
screening requirement for dumpsters.
. Off-street parking and loading: The clarification of the use of pervious paving to
include permeable paver systems but not pervious pavement for the purpose of
an exemption from the maximum parking requirements.
· Signs: The provision of a limitation on the size of illuminated signs in the IN,
Institutional District, comparable to the regulation of the MX, Mixed Use District,
and a provision for on-premises signs for nonconforming uses in residential
districts.
Other Considerations:
· The name of the Department of Planning Building and Development has been
revised to reflect the current name and organization of the department.
"
3
. The references to the Stormwater Management Chapter of the City Code have
been revised to reflect the newly adopted stormwater ordinance which becomes
effective January 2008.
. The regulations and submittal requirements have been revised to reflect recent
amendments to State Code and VDOT requirements for the provision of a Traffic
Impact Analysis in certain circumstances.
. The word "public" has been deleted when modifying "street" within the following
regulations to clarify the application of the regulation to all streets, public and
private: the location of accessory structures relative to the street and the principal
building; light trespass; street yard trees; and fa<;ade plantings.
. The submittal requirements fbr basic and comprehensive development plans
have been refined to clearly reflect elements which are required 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:
By a vote of 7-0, the Commission recommends that City Council approve the requested
amendments, finding that the proposed amendments to the zoning ordinance are
consistent with, and will further the intent of, Vision 2001-2020.
Respectfully submitted,
~~
Henry Scholz, Chairman
Roanoke City Planning Commission
cc: Darlene L. Burcham, City Manager
Brian Townsend, Assistant City Manager for Community Development
William M. Hackworth, City Attorney
4
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -+- - - - - - - - - - - - - - - - - - - - - - --
STEPHANIE M. MOON
CITY OF ROANOKE CLERK'S OFFICE
215 CHURCH AVE SW RM 456
NOEL C. TAYLOR MUNICIPAL BLDG.
ROANOKE VA 24011
REFERENCE: 32143302
10627901
Chapter 36.2 Zoning
State of Virginia
City of Roanoke
I, (the undersigned) an authorized representative
of the Times-World Corporation, which corporation
is publisher of the Roanoke Times, a daily
newspaper published in Roanoke, in the State of
Virginia, do certify that the annexed notice was
published in said newspapers on the following
dates:
City/County of Roanoke, Commonwealth/State of
Vir~1nia. Sworn and subscribed before me this
__~~~day of December 2007. Witness my hand
and official seal. ~
()~_ _ _ _ Nota~\PubliC
e pires _ _ ___~ --lL-.
"111111',,,
", ..J A I A'"
"" ~':::J'..., ~ Y4.t. 'tltI,
PUBLISHED ON: 11/30 12/08 ':-"~"'NOTARY"'.,"1.i-'''-:.
:: ((j .. PUBUC " :.
~ * { REG. #7090930 \ * ~
; : MY COMMISSION : ~ ::
:. C' ". ~XP\RE~, l.: ~ ::
-;. ~" ~..~. '0'::
...... ~O;.........,.,.~{f- ......'
TOTAL COST: I, 668 .00 ""'" WfAlT\1 '0\"",
FILED ON: 12/08/07 11"'..1\\11 ~
- - - - - - - - - - - - - - - -'- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - + - - - - - - - - - - - - - - -~ - - - - - - -
Authorized ~ ~
Signature'-i ~;tY--
~ Billing Services Representative
'..'r..,.'ft.'..........,-..."....."......
~-~-_._.,--_.... <
NonCE OF PUBLIC ~II
HEARING ,
The Council of the City of:
Roanoke will hold a public:
-.h e.a r i n g 0 n M 0 n day,
December 17, 2007, at 7:00:
p.m_, or as soon thereafter'l
as the matter may be heard, ,
in the Council Chamber'l
fourth floor, in the Noel C. 1
Taylor Municipal Building,
215 Church Avenue, S.W.,.
Roanoke, Virginia, to
consider the following: '
, Request from the City of'
, R 0 a n 0 k e P I ann i n g:
Commission to amend
Chapter 36.2, Zoning, of the I.
Code of the City of Roanoke,
(1979), as amended, aSI
follows: .
. '
(l)deletion of the WOrd!
l1Economicl1 from subsections
(a) and (b) of Sec. 36.2-100-1
Tille; (a)(l) of Sec. 36.2-510,
General procedural..
requirements; Sec.
36 ..2 - 5 2 1, G e n era I
applicability;(f) of Sec.
36.2-541, Conditional
rezonings; (a)(2), (a)(3), and
(b)(1) of Sec. 36.2-B15,
Officers; agent; staff; special
requests; (a)(2), (a)(3), and
(b) of Sec. 36.2-825,
Officers; agent; staff; (a)(2)
of Sec. 36.2-835, Officers;
staff.; and Appendix A,
Oefinitions, Agent to the
Architectural Review Board
and Agent to the Planning
Commission; to update the I
reference to the applicable
department; I
, (2)a 10 end 10 e n t 0 f :
, subsections (i)(1)(B), I
(i)(3)(B), and (j)(2) of Sec.
36.2-205, Dimensional
regulations, to clarify the I
calculation of the second
and additional front yards;
(3)amendment of subsection
(e) of Sec. 36.2-314~
Commercial Districts (CN,
CG, CLS), by replacing the
term lIpervious pavement"
with the term "permeable
paverll;
(4)a 10 -e n d 10 e n t 0 f
subsections (b)(l) and (c) of
Sec. -36.2-332,
Neighborhood Design
OverlayDistrict (NO), to
clarify the applicability and
design standards for the
Neighborhood Design
OverJay District as they
relate to building location
and massing, roofs,
entrances and windows,
siding and trim, porches, and
additions and accessory
structures;
(5)amendment of Table.
- 340-1, Use Matrix, of Sec.
36.2-340, to allow
amphitheaters as a I
- permitted use in the INPUD, !
Institutional PUD;
I (6)amendment of subsection
(c)(2) of Sec. 36.2:403,
A c c e s s 0 r y us e.s and I'
structures, to delete th.e
word "public" to clarify the
permitted location of
accessory structures relative
to the principal building and
all streets;
(7)amendment of subsection
(a) of'Sec. 36.2-552, Basic
development plans, and
subsection (d)(2) of Sec.,
36.2-553, Comprehensive
development plans, to
clarify a reference to Chapter,
11.4, S tor 10 w ale r'
Management; ,
(8)a 10 end 10 e n t 0 f
subsections (a) and (b) ofl
Sec. 36.2-621, Applicability,
to clarify the exclusion from
the application of the
development standards
: certain maintenance of
, outdoor lighting;
(9)amend[l1ent of subsection \.
, (c) of Sec. 36.2-622, Exempt
------
lighiTnTto clarify -the--
exemption of certain accent
directional lighting from the
, development standards;
(10)amendment of Sec.
36.2-623, Definitions, to
clarify the delinition of Flood
or spot light, Fully shielded
fixture, Light trespass, and to '
add definitions for House
'1 shield and Replacement of
, outdoor lighting;
,,', \ \.
I, (ll)amendment of Sec_
36.2-.624, Lighting plan,
clarifYing and specifying the
contents of lighting plan;
(12)a 10 end 10 e n t 0 f
.!,subsections (a), (b) and (c) of
\Sec. 36.2-625, Outdoor
llighting standards, to clarify
and add certain standards
regarding outdoor lighting in
general, electrical feeds
\building mounted uplighting'
~hielding, mounting heights
ilnd flood or spot lights;
(13)a 10 end 10 e n t 0 f
I subsection (b)(2) of Sec_
136.2-642, General.
landscaping and screening
I materials, to reduce the
minimum height of
evergreen or deciduous
shrubs to eighteen inches;
(14)amendment of Sec.
36.2-645, Street yard trees
and subsection (a) of Sec:
36.2-646, Fa~ade planting,
to replace the word "public"
with the word "street" to
clarify application to all
street rights-of-way;
(15)amendment of rows (3)
(4), (5) and (9) onable
647-2, Required Buffer
Yards, of Sec. 36.2-647, to
clarify the buffer yard
requirements for certain
commercial districts and
Downtown, Mixed use
Institutional, INPUD and
'IPUD districts.
(16)a 10 end 10 e n -t 0 f
subsection (a) of Sec.
,36.2-649, Screening of
, specific uses and facilities
I'. by requiring that dumpsters I
and refuse containers be
screened regardless of
visibility from adjacent:
streets and adjoining
properties; .
(17)a 10 end 10 e n t 0 f
subsection (c) of Sec.
,3 6 . 2 - 6 5 3, M a x i 10 U 10
.off-street parking, to clarify
.the applicability of an '
ex e 10 p.t ion fr 0 10 the
Imaxlmum.off-street parking
requirements; - r .
.(18)a 10 end 10 e n t 0 f
,subsections (b), (d) and (f) of\
.Isection 36_2-654, Off-street,
parking area standards to \
clarify the construction-
)standards, location
, s tan d a rd sin anN 0
/. Neighborhood Design
_ Overlay, District, and.
_driveway standar.ds1 for
off-street parking areas;. .
(19)amendment of footnote
4 of Table 668-1, Typ-es and
number of qn-premises signs
permitted by zoning districts,
of Sec. 36.2-668, to limit
illuminated signs in the IN
?ei:t~r.ict to.:mteen square
(20)amendment of Division-
6, Signs, _by adding Sec.
36.2-676, On-premises signs
for nonconforming use's in
residential districts to
specify;the type of .signs
allowed for nonconforming
nonresidential uses in
i residential !listricts.
, (21)amendment of Appendix
A Definitions, to include a
new delinition for Driveway
entrance and Permeable
paver system; ,
(22)a 10 e ri d 10 e n t 0 f
subsections (b)(6), (b)(7) and
(c) of Appendix B, Sec. B-1,
Basic Development Plan to
clarify the information
I required in a. basic
development plan the I
computation of a setback!
distance, and specifying the
, submittal requirements for a
basic development plan
I u~dder, c_~n"tn circumstances; I
Ian __ ___J
1<2.3)a: 10 e._n Ii 10 e n t 0 f '
jsubsections (d)(3)(E), ,
l(d)(~)(K) and.(d)(21)(C), and
I. adding a new' SUbS. ection (f)
to Appendix B, Sec. B-2,
Comprehensive \
- I ~evelop~ent Plan, to clarify l
I information. required_on,a ,
I comprehensive development .
plan and to add a 1
(requirement that a traffic: ,;\
,impact analysis be \1
'submitted to the Virginia
Department of,
,Transportation for
! c~nsi~.eration under certain-I'
I circumstances pursuant to
Section 15,2-2222.1 of the
Code of Vi~ginia (1950), as
amended. .
I A copy of the proposed :,
I_amendments is available for ..
, review In the Office of the
I City Clerk, Room 456, Noel
I C. Taylor Municipal Building
: 215 Church Avenue S W' ,
: ,!oanoke, Virginia. ,'"
_ I AII.parties in interest and
-, citizens may appear on the
I above date and be heard on I
'!he ,matfer; .If you .are a I
, i persor,wlth a disability who
I needs accommodations for
. i this hearing, please contact
the City Clerk's Office at
853-2541, before noon' on
. Thursday, December 13
2007. '
GIVE-N under my hand
~~67~8th day,of November, I
Stephanie M. Moon CMC
City Clerk
I
1(10627901)
I
. .; .'
. ~..
.- '..:.
. ~:,:
t
..,'
I'
"
:,
~'~.... \
, '
.' ....
. -.
,
,',' ,.
:,~ :.: ~ .
rw
~;.~,"
"l:~=.~ ./
-"
'.~..I'~.,:,,,,"_ . _.r"',l./v\ !
,
,
:~\G\
? \.~ '\~
~~
(/'
NOTICE OF PUBLIC HEARING
The Council of the City of Roanoke will hold a public hearing on Monday, December 17,
2007, at 7:00 p.m., or as soon thereafter as the matter maybe heard, in the Council Chamber, fourth
floor, in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, to
consider the following:
Request from the City of Roanoke Planning Commission to amend Chapter 36.2, Zoning, of
the Code of the City of Roanoke, (1979), as amended, as follows:
(1) deletion of the word "Economic" from subsections (a) and (b) of Sec. 36.2-100,
Title; (a)(1) of Sec. 36.2-510, General procedural requirements; Sec. 36.2-521,
General applicability; (f) of Sec. 36.2-541, Conditional rezonings; (a)(2), (a)(3), and
(b)(I) of Sec. 36.2-815, Officers; agent; staff; special requests; (a)(2), (a)(3), and (b)
of Sec. 36.2-825, Officers; agent; staff; (a)(2) of Sec. 36.2-835, Officers; staff; and
Appendix A, Definitions, Agent to the Architectural Review Board and Agent to the
Planning Commission; to update the reference to the applicable department;
(2) amendment of subsections (i)(1 )(B), (i)(3)(B), and (j)(2) of Sec. 36.2-205,
Dimensional regulations, to clarify the calculation of the second and additional front
yards;
(3) amendment of subsection ( e) of Sec. 36.2-314, Commercial Districts (CN, CG, CLS),
by replacing the term "pervious pavement" with the term "permeable paver";
(4) amendment of subsections (b)(l) and (c) of Sec. 36.2-332, Neighborhood Design
Overlay District (ND), to clarify the applicability and design standards for the
Neighborhood Design Overlay District as they relate to building location and
massing, roofs, entrances and windows, siding and trim, porches, and additions and
accessory structures;
(5) amendment of Table 340-1, Use Matrix, of Sec. 36.2-340, to allow amphitheaters as
a permitted use in the INPUD, Institutional PUD;
(6) amendment of subsection (c)(2) of Sec. 36.2-403, Accessory uses and structures, to
delete the word "public" to clarify the permitted location of accessory structures
relative to the principal building and all streets;
(7) amendment of subsection (a) of Sec. 36.2-552, Basic development plans, and
subsection (d)(2) of Sec. 36.2-553, Comprehensive development plans, to clarify a
reference to Ghapter 11.4, ?,tormwater Management;
(8) amendment of subsections!.e~)\ ~nd (b) of Sec. 36.2-621, Applicability, to clarify the
exclusion from the application ofthe development standards certain maintenance of
outdoor lighting;
(9) amendment of subsection (c) of Sec. 36.2-622, Exempt lighting, to clarify the
exemption of certain accent directional lighting from the development standards;
(10) amendment of Sec. 36.2-623, Definitions, to clarify the definition of Flood or spot
light, Fully shielded fixture, Light trespass, and to add definitions for House shield
and Replacement of outdoor lighting;
N-Zoning Amendments - 36.2 - 12-17-07
(11) amendment of Sec. 36.2-624, Lighting plan, clarifying and specifying the contents of
a lighting plan;
(12) amendment of subsections (a), (b) and (c) of Sec. 36.2-625, Outdoor lighting
standards, to clarify and add certain standards regarding outdoor lighting in general,
electrical feeds, building mounted uplighting, shielding, mounting heights and flood
or spot lights;
(13) amendment of subsection (b )(2) of Sec. 36.2-642, General landscaping and screening
materials, to reduce the minimum height of evergreen or deciduous shrubs to
eighteen inches;
(14) amendment of Sec. 36.2-645, Street yard trees, and subsection (a) of Sec. 36.2-646,
Fayade planting, to replace the word "public" with the word "street" to clarify
application to all street rights-of-way;
(15) amendment of rows (3), (4), (5) and (9) of Table 647-2, Required Buffer Yards, of
Sec. 36.2-647, to clarify the buffer yard requirements for certain commercial districts
and Downtown, Mixed use, Institutional, INPUD and IPUD districts.
(16) amendment of subsection (a) of Sec. 36.2-649, Screening of specific uses and
facilities, by requiring that dumpsters and refuse containers be screened regardless of
visibility from adjacent streets and adjoining properties;
(17) amendment of subsection (c) of Sec. 36.2-653, Maximum off-street parking, to
clarify the applicability of an exemption from the maximum off-street parking
requirements;
(18) amendment of subsections (b ), (d) and (1) of Section 36.2-654, Off-street parking
area standards, to clarify the construction standards, location standards in an ND,
Neighborhood Design Overlay District, and driveway standards for off-street parking
areas;
(19) amendment of footnote 4 of Table 668-1, Types and number of on-premises signs
permitted by zoning districts, of Sec. 36.2-668, to limit illuminated signs in the IN
District to fifteen square feet;
(20) amendment of Division 6, Signs, by adding Sec. 36.2-676, On-premises signs for
nonconforming uses in residential districts, to specify the type of signs allowed for
nonconforming, nonresidential uses in residential districts.
(21) amendment of Appendix A Definitions, to include a new definition for Driveway
entrance and Permeable paver system;
(22) amendment of subsections (b)( 6), (b )(7) and (c) of Appendix B, Sec. B-1, Basic
Development Plan, to clarify the information required in a basic development plan,
the computation of a setback distance, and specifying the submittal requirements for
a basic development plan under certain circumstances; and
(23) amendment of subsections (d)(3)(E), (d)(4)(K) and (d)(21)(C), and adding a new
subsection (1) to Appendix B, Sec. B-2, Comprehensive Development Plan, to clarify
information required on a comprehensive development plan and to add a requirement
that a traffic impact analysis ' be submitted to the Virginia Department of
Transportation for consideration under certain circumstances pursuant to Section
15.2-2222.1 of the Code of Virginia (1950), as amended.
A copy of the proposed amendments is available for review in the Office ofthe City Clerk,
Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia.
N-Zoning Amendments - 36.2 - 12-17-07
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
City Clerk's Office, at 853-2541, before noon on Thursday, December 13,2007.
GWEN under my hand this 28th day ofNovember-, 2007.
Stephanie M. Moon, CMC, City Clerk
Notice to Publisher:
Publish in the Roanoke Times once on Friday, November 30,2007 and December 8, 2007.
Send affidavit and bill to:
Stephanie M. Moon, City Clerk
215 Church Avenue, S. W.
Roanoke, Virginia 24011
(540) 853-2541
N-7.nnina ~mpnnmpnr~ _ ~~ ? _ '?_'~_n7
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@roanokeva.gov
/
STEPHANIE M. MOON, CMC
City Clerk
SHEILA N. HARTMAN, CMC
Deputy City Clerk
CECELIA R. TIREE
Assistant Deputy City Clerk
December 19, 2007
Darlene L. Burcham
City Manager _
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No.3 7985-121707 amending the Code of the
City of Roanoke (1979), as amended, for the purpose of updating and clarifying
the City's Subdivision Ordinance, and dispensing with the second reading by
title of this ordinance.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, Uecember 17, 2007, and is in
full force and effect upon its passage.
Sincerely,
~YY\.~
Stephanie M. Moon, CMC
City Clerk
SMM:ew
\
Attachment
Darlene L. Burcham
December 19, 2007
Page 2
pc: Sheila N. Hartman, Deputy City Clerk, (For transmittal by electronic mail
to Municipal Code Corporation) .
Municipal Code .Corporation, P. O. Box 2235, Tallahassee, Florida 32316
The Honorable Brenda S. Hamilton, Clerk of the Circuit Court
Ronald S. Albright, Clerk, General District Court
David C. Wells, Clerk, Juvenile and Domestic Relations District Court
Raymond F. Leven, Office of the Magistrate
Lora A. Wilson, Law Librarian
Jesse A. Hall, Director of Finance
R. Brian Townsend, Assistant City Manager for Community Development
Thomas Carr, Director, Planning, Building and Development
J
I
"
.I
~{
\\\~f1
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 17th day of December, 2007.
No. 37985-121707.
AN ORDINANCE amending and reordaining ~31.1-202, Requirements for
subdivision site plan, S31.1-203, Subdivision application, review, and approval, S31.1-
204, Recordinq and distribution of an approved subdivision plat, ~31.1-400, Standards
for streets, S31.1-403, Land disturbinq activities and stormwater manaqement, S31.1-
404, Easements, ~31.1-600, Subdivision aqent, and Appendix B, Submittal
Requirements, of Chapter 31.1, Subdivisions, of the Code of the City of Roanoke
(1979), as amended, for the purpose of updating and clarifying the City's subdivision
ordinance; 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 31.1-202, Requirements for subdivision site plan, S31.1-203,
"Subdivision application. review. and approval, and S31.1-204, Recordinq and
distribution of an approved subdivision plat, of Article II, Procedures, of Chapter 31.1,
Subdivisions, of the Code of the City of Roanoke (1979), as amended, is hereby
amended and reordained to read and provide as follows:
Section 31.1-202. Requirements for subdivision site plan.
For the purposes of determining whether a subdivision site plan is required, two
(2) classifications or subdivision are hereby created:
***
(b) A minor subdivision plat shall not require a subdivision site plan unless
ir:nprovements within a right-of-way are required by the City Code or are.
otherwise being provided by the subdivider, or the development is subject
to the requirements of Chapter 11.4, Stormwater Management, of this
Code.
Subdivision Amendments 11-6-07
***
Section 31.1-203. Subdivision application, review, and approval.
***
(f) The Subdivision Agent shall complete review and act on an initial
application or a resubmitted application for a preliminary or final
subdivision plat and plan review within fifteen (15) twelve (12) business~
days of the date the application is accepted for review. The Subdivision
Agent sh311 complete review ~nd 3Ct on 3 resubmitted 3pplic3tion for 3
prelimin31)'or fin31 subdivision pl3t ~nd pl3n review '.vithin ten (10)
business d3YS. If the Subdivision Agent disapproves an application, or a
resubmitted application, the reasons for the disapproval shall be stated.
***
Section 31.1-204, Recordinq and distribution of an approved subdivision plat.
The subdivider shall present three (3) original drawings on reproducible film of
the approved subdivision plat to the clerk of circuit court for attestation, ~ecording, and
indexing as prescribed by the Code of Virginia. The clerk shall return two (2) attested
copies to the subdivider. The subdivider shall then return one (1) original and eight (8)
p~por copies of the attested subdivision plat to the subdivision agent. The su~division
agent shall distribute copies to all appropriate City agencies which maintain records and
official maps, including the City 'engineer and the office of real estate valuation.
2. Section 31.1-400, Standards for streets, S31.1-403, Land disturbing
activities and stormwater manaqement, and S31.1-404, Easements, of Article IV,
Required Improvements, of Chapter 31.1, Subdivisions, of the Code of the City of
Roanoke (1979), as amended, is hereby amended and reordained to read as follows:
Section 31.1-400. Standards for streets.
***
(b) Whenever a subdivision is classified as a major subdivision, the subdivider
shall provide street improvements as set forth in Table 400-1 below.
Table 400-1. Required Street Improvements
Cond ition/Location
_llmprovel!1ents required
Subdivision Amendments 11 -6-07
. Subdivision which requires creation of a new
street in the following zoning districts: RA, R-12,
R-7, R-5, R-3, RM-1, RM-2, RMF, and ROS.
. Subdivision along an existing street, within the
following zoning districts: R-7, R-5, R-3, RM-1,
RM-2, and RMF.
Subdivision within the following zoning districts: CN,
CG, CLS, MX, D, 1-1, 1-2, IN, and AD.
Subdivision along existing street in an RA, R-12, or
ROS district:
Subdivision on a private street in a MXPUD, IPUD,
. or INPUD district.
Subdivision Amendments 11-6-07
Street paving
Curb and gutter
Planted strip
Large deciduous street trees
Street lighting (required only
when a new street is
created)
Sidewalks
Street paving
Curb and gutter
Large deciduous street trees,
r- except the Subdivision
Agent may approve small
deciduous trees in the CN
and D district where the area
available is. inadequate for
large trees.
Planted strip or extended width
sidewalk
Street lighting (required only
when a new street is
created)
Sidewalks
Street paving
Curb and gutter
Street trees
Requirements for asphalt street
paving, curb and gutter, planted
strips, street trees, street lighting,
and sidewalks shall be specified
on a PUD development plan
(
I approved by City Council.
***
Section 31.1-403. Land disturbinq activities and stormwater manaqement.
(a) A subdivision which requires land disturbing activities shall be subject to
Chapter 11.1, Erosion and Sediment Control. Stormwater management
systems shall be constructed according to the provisions of Chapter 11.4
-1~, Stormwater Management.
***
Section 31.1-404. Easements. /
Public drainage easements shall have minimum widths in accordance with the'
City of Roanoke's Stormwater Management Design Manual and water and sewer
easements shall have a-minimum widths in accordance with the Western Virginia Water
Authority's regulations width of fifteen (15) feet and shall be labeled as such on the plat.
However, the subdivision agent may r(3quire a greater width where multiple utilities are
to be placed in a single easement.
3. Section 31.1-600, Subdivision aqent, of Article VI, Administration, of
Chapter 31.1, Subdivisions, of the Code of the City of Roanoke (1979), as amended, is
hereby amended and reordained to read as follows:
Section 31.1-600. Subdivision aqent.
This chapter shall be administered and enforced by a subdivision agent elected.
by the City planning commission from the staff of the department of planning building
and economic development.
4. Section /B-2, Requirements for preliminary subdivision plans, Section B-3,
Requirements for final subdivision plats, and Section B-4, Requirements for. final
(
subdivision site plan, of Appendix B, Submittal Requirements, of Chapter 31.1,
j
Subdivisions, of the- Code of the City oCRoanoke (1979), as amended, are hereby
amended and reordained to read as follows:
_ B-2.- Requirements for preliminary subdivision plans.
subdivision Amendments 11-6-07
(a) Requirements.
(d)
")
(1 )
Where a preliminary subdivision site plan is required with a
preliminary subdivision plat as part of a preliminary subdivision
application, the plan shall be prepared and submitted in accordance
with the requirements of this chapter and all other applicable
ordinances of the City Code, including, but not limited tcr Chapter
11.1, Erosion and Sediment Control, Chapter 11.4 11.2,
Stormwater Management, and Chapter 36.2, Zoning.
/
***
Traffic study. If any development activity is projected to generate an
increase in traffic of more than one hundred (100) vehicles per hour
during the peak traffic hour of any adjacent street or more than one
thousand (1,000) vehicles per day, a traffic impact study or statement, as
approved by the City's traffic engineer, shall be required. Projected trip
shall be generated based upon the methodology included in the latest
version of the Institute of Transportation Engineers' (ITE) Trip Generation
Manual. Prior to preparation of the traffic impact study or statement; the
City's traffic engineer must approve the methodology and assumptions
proposed for the study. Any development activity subject to Section
15.2-2222.10f the Code of Virginia (1950), as amended, shall submit a
Comprehensive Plan and Traffic Impact Analysis to the Virginia
Department of Transportation (VDOT) for review and recommendations
in accordance with the Traffic Impact Analysis Regulations and
\
Administrative Guidelines.'
***
B-3. Requirements for final subdivision plats.
* * *
(b) Contents. The following is a list of information required, at a minimum, to
be shown on a final subdivision plat:
(1 ) Owner Statements.
* * *
(D) If easements are to be granted to the Water Authority, add the following
dedication statement:
"The above described owner by virtue of the recordation of this plat does
hereby grant to the Western Virginia Water Authority, al/ waterline rights
and easements and all sanitary sewer rights and easements as shown
I
Subdivision Amendments 11-6-07
hereon, to construct, install, improve, operate, inspect, use, maintain,
repair and replace a water and/or sewer line, or lines, together with related
improvements, including slopes, if applicable, together with the right of
ingress and egress thereto from a public street, upon, over, under and
across certain tracts or parcels of land belonging to the owner." t-Ae5e
certain areas chown on tho plat. as sot apart for wator and/or sower
oasemonts
* * *
8-4. Requirements for final subdivision site plan.
(a) Requirements.
(1) Where a final subdivision site plan is a required part of a
subdivision application, the plan shall be prepared and submitted in
accordance with the requirements of this chapter, and all other
applicable ordinances of the City Code, including but not limited to
Chapter 11.1, Erosion and sediment control, Chapter 11.4~,
Stormwater management, and Chapter 36.2, Zoning.
* * *
(b) Contents. A subdivision site plan shall be prepared on the separate
component sheets as listed below. However, anyone or more of the
sheets may be combined, provided legibility and clarity can be maintained.
* * *
(4) Stormwater management plan.
* * *
(C) Calculations for stormwator runoff based on runoff to bo
anticipatod from a ton yoar froquoncy ctorm or greater if
conditions roquiro (soo Chaptor 11.2, Storm'Nator
Managomont, and tho City of Roanoko Drainago Standards,
as proparod by tho Offico of tho City Enginoer) as required
in Chapter 11.4, Stormwater Management, of this code and
the Stormwater Management Design Manual.
* * *
5. Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
Subdivision Amendments 11-6-07
ATTEST:
~'M,~
City Clerk
Subdivision Amendments 11-6-07
CITY OF ROANOKE
PLANNING BUILDING
& ECONOMIC DEVELOPMENT
215 Church Avenue, S.W., Room 166
Roanoke, Virginia 24011
Telephone: (540) 853-1730 Fax: (540) 853-1230
E-mail: planning@roanokeva.gov
Architectural Review Board
Board of Zoning Appeals
Planning Commission
December 17, 2007
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:
An ordinance amending and reordaining Sections 31.1-202,
Requirements for subdivision site plan, 31.1-203, Subdivision
application, review, and approval, 31.1-204, Recordinq and
distribution of an approved subdivision plat, 31.1-403, Land
disturbinq activities and stormwater manaqement, 31.1-404,
Easements, 31.1-600, Subdivision aqent, Appendix B, Submittal
Requirements, of Chapter 31.1, Subdivisions, of the Code of the
City of Roanoke (1979), as amended, for the purpose of updating
and clarifying the City's subdivision ordinance.
Planning Commission Action:
Planning Commission public hearing was held on Thursday, November 15, 2007.
There as no one present to speak for or against the proposed amendments. By a vote
of 7-0, the Commission recommended that City Council approve the proposed
amendments to the City's Subdivision Ordinance.
Background:
With the adoption of Chapter 31.1, Subdivisions, of the Code of the City of Roanoke
(1979), as amended, staff committed to monitoring the application of the adopted
subdivision regulations, and upon evaluation, presenting amendments which clarify
adopted regulations or refine regulatory concepts based on their practical application.
Considerations:
Chapter 31.1, Subdivisions, of the City Code, was adopted by City Council on February
20,2007. In its annual review, staff has identified certain areas of the newly adopted
subdivision ordinance which require clarification or refinement.
The proposed amendments include the following revisions:
. Revision of the name of the Department of Planning Building and Development
to reflect the current name and organization of the department;
. Revision of references to the Stormwater Management Chapter of the City Code
to reflect the newly adopted stormwater ordinance which becomes effective
January 2008;
. Addition of a requirement for preliminary subdivision plans which reflects recent,
amendments to State Code and VDOT requirements for the provision of a Traffic
Impact Analysis in certain circumstances;
. Revision of the timeline for subdivision plat and plan review, for both initial
applications and resubmittals, to be consistent with that set forth in the zoning
ordinance for comprehensive development plan review (10 business days);
. Deletion of the requirement that an approved subdivision plat be presented on
reproducible film;
. Clarification that the installation of street lighting is required only when a new
street is created;
. Revision of the width requirements for publiC drainage easements to coihcide
with the City's Stormwater ManagemenfDesign Manual, and for water and sewer
easements to be governed by the Western Virginia Water Authority's regulations;
and
. Revision of the dedication statement required on final subdivision plats in those
circumstances where easements are to be granted to the Water authority.
Effect of proposed amendments:
The proposed amendments to the subdivision ordinance will clarify certain regulatory
tools in their practical application and will update the ordinance to reflect recent changes
in department organization, City Code, State Code, and regulations of the Western
Virginia Water Authority. The proposed amendments will not have any retroactive
application or any impact on approved subdivisions or subdivision plats and plans
already under review. The proposed amendments will impact only newly submitted
subdivision plats and plans.
2
Recommendation:
Bya vote of 7-0, the Commission recommends that City Council approve the proposed
amendments, finding that the proposed amendments to the subdivision ordinanGe are
consistent with, and will further the intent of, Vision 2001-2020.
Respectfully submitted,
1~~-
Henry Scholz, Chairman
Roanoke City Planning Commission
cc: Darlene L. Burcham, City Manager
Brian Townsend, Assistant City Manager for Community Development
William M. Hackworth, City Attorney
3
The Council of the City of
. Roanoke will hold a public
hearing on Monday,
December 17, 2007, at 7:00'
The Roanoke Time S j p.m., or as soon thereafter'
I as the matter may be heard,'
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - + -I .in the Council Chamber,- - - - - - - - - - -
I.. fourth floor, in the Noel C.
"~Taylor Municipal Building
;;;215 Church Avenue, S.W.,
';NRo~no.ke, Virginia, ,t'e
I consider the following:
I .Request from the City 01
.Roanoke Planning
, Commission to amend
Chapter 31_1, Subdivisions,
of the Code of the City of
Roanoke (1979), as
amended, as follows:
(1)a men d men t 0 {'
subsection (b) of Sec:
31.1-202, Requirements for
subdivision site p I an, to
reference Chapter 11.4,
Stormwater Management; f
(2)amendment of subsection
(f) of Sec. 31.1-203,
Subdivision application,.
review and approval, tOI
change the days to 12.within'
which review must be'
completed; ,
(3)amendment of Sec.
31.1-204, Recording and
distribution of an approved
subdivision plat, to delete
1 the reqUirement of.
presenting a plat on.
reproducible film and paper:
copies of the same; ;
(4)amendment of subsection
(b) of Sec. 31.1-400,
Standards for streets, Tabfe
400-1, to clarify that street'
Iighting.is required only I
when a new street is
created; ,
(5)amendment of subsection,
(a) Sec. 31.1-403, Land.
disturbing activities and.
stormwater management, to I
reflect the new chapter,
reference for stormwater
management;
(6)am end ment of Sec.
31.1-404, Easements, to _ _ __ ___ _ _ _ _ ___
specify certain standards for' f s.ubsectlons (a)(1) _ and
minimum widths of public (b)(4)(C) of Appendix B,
d.rainage and water and Section B-4, Requirements
sewer easements; .: ' for final subdivision site
(7)amendment of Sec., I plan, to reflect the new
31.1~600, Subdivision agent,' c hap t err ef ere n c e for
to correct a reference to the r I storm water management
Department of Planning. I and to re.fer to the
Building and Development; I I stormwater management.
(8)a men d men t 0 f' deSign manual. .
subsecti~ns (a)(1) and (d) of! .- A c.opy of the appli~ation
Appendix S, Section B-2, i IS ayallable for review In the
Requirements for 'Office of the City Clerk,
I preliminary subdivision. Room 456, Noel C. Taylor
plans, to reflect the new Municipal Building, 215
chapter reference for' Church Ave_nue, S_W.,
stormwater management I Roanoke, Virginia. -
and add a requirement thatl All parties in interest and -
a traffic impact analysis bel citizens may appear on the
submitted to the Virginia : above date and be heard on
D.e par t men t 0 f' the matter. If you are a
T fan s p 0 r tat ion fori person-with a disability who
consideration under certainl 1 nee, ds accommodations for
circumstances pursuant to this hearing, please contact
Section 15_2-2222.1 of the. the City Clerk's Office, at
Code of Virginia (1950),as . 853-2541, before noon on
amended; Thursday, December 13,
(9)amendment of subsection 2007.
(b)(1)(D) of Appendix B GIVEN under my hand this
Section B-3, Requirements: 28th day. of November,
for final" subdivision plats, to' 2007.
amend the dedication'-.
statement to clarify the' I
rights of the Western Virginia,
Water Authority upon; I
recordation of certain! ,(10628159)
easements; and . ----.;_'
_(1.Q)a men d m e nJ~
Billing Services Representative
The Roanoke Times
Roanoke, Virginia
Affidavit of publication
STEPHANIE-M. MOON
CITY OF ROANOKE CLERK'S OFFICE
215 CHURCH AVE SW RM 456
NOEL C. TAYLOR MUNICIPAL BLDG.
ROANOKE VA 24011
REFERENCE:
32143302
10628159
31
Subdivision
State of Virginia
City of Roanoke
I, (the undersigned) an authorized representative
of the Times-World Corporation, which corporation
is publisher of the Roanoke Times, a daily
newspaper published in Roanoke, in the State of
Virginia, do certify that the annexed notice was
published in said newspapers on the following
dates:
City/County of Roanoke, Commonwealth/State of
ViSinia. Sworn and subscribed before me this
~day of December 2007. Witness my hand
-- ---
and official seal~
~. Notary prbliC
0~- - -- . r - l .
____~-~l-_ ___
\\1111111",
,,\\..., A I A,~ ""
,'....., '-11 rA.. "
, _'V...... ''''/..1 '
""" ~-- . I . . . 1~ '
~"'~~"'NOTAR,{ ....'1-- ~
:: C;) :' PUBLIC '. -:.
:: #7090930 ': * :
- ..L . REG. ,,'_
: 7': t-f\'I COMM\SSIOl' :~. =
-:. C' ". ~\RE _).:~::
-:.a'. - .~.:-
'...~A.... ,".\~..'"
I '''70 . . . . . . . (. ~ ,
"I/"IVVVEALIr\ 'V,\,'"
111/111111\\\
- ,
-- -- - --- --- - - - ------ - -- -- - - _ _ _ _ _ _ _ _ ___ _ _ _______ __ _+c
r
PUBLISHED ON:
11/30
12/08
TOTAL COST:
FILED ON:
828.00
12/08/07
A~horized~. .d iY!t
Signature'_;fvr~-~~l~
"'''-.'',:'';''OC'-''_''--
.,. .', '._.;."".-;........c,.~.-.".;.,...,
.~._---~.._-'.
NOTICE OF PUBLIC -!
HEARING
Stephanie M. Moon, CMC,
City Clerk
A'
sS'\jo1
\1 t 9-! i
NOTICE OF PUBLIC HEARING
The Council of the City of Roanoke will hold a public hearing on Monday, December 17,
2007, at 7:00 p.m., or as soon thereafter as the matter maybe heard, in the Council Chamber, fourth
floor, in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, to
consider the following:
Request from the City of Roanoke Planning Commission to amend Chapter 31.1,
Subdivisions, of the Code of the City of Roanoke (1979), as amended, as follows:
(1) amendment of subsection (b) of Sec. 31.1-202, Requirements for subdivision site
plan, to reference Chapter 11.4, Stormwater Management;
(2) amendment of subsection (f) of Sec. 31.1-203, Subdivision application, review and
approval, to change the days to 12 within which review must be completed;
(3) amendment of Sec. 31.1-204, Recording and distribution of an approved subdivision
plat, to delete the requirement of presenting a plat on reproducible film and paper
copies of the same;
(4) amendment of subsection (b) of Sec. 31.1-400, Standards for streets, Table 400-1, to
clarify that street lighting is required only when a new street is created;
(5) amendment of subsection (a) Sec. 31.1-403, Land disturbing activities and
stormwater management, to reflect the new chapter reference for stormwater
management;
(6) amendment of Sec. 31.1-404, Easements, to specify certain standards for minimum
widths of public drainage and water and sewer easements;
(7) amendment of Sec. 31.1-600, Subdivision agent, to correct a reference to the
Department of Planning Building and Development;
(8) amendment of subsections (a)(l) and (d) of Appendix B, Section B-2, Requirements
for preliminary subdivision plans, to reflect the new chapter reference for stormwater
management and add a requirement that a traffic impact analysis be submitted to the
Virginia Department of Transportation for consideration under certain circumstances
pursuant to Section 15.2-2222.1 of the Code of Virginia (1950), as amended;
(9) amendment of subsection (b)(1)(D) of Appendix B, Section B-3, Requirements for
final subdivision plats, to amend the dedication statement to clarify the rights ofthe
Western Virginia Water Authority upon recordation of certain easements; and
(10) amendment of subsections (a)(1) and (b)(4)(C) of Appendix B, Section B-4,
Requirements for final subdivision site plan, to reflect the new chapter reference for
stormwater management and to refer to the stormwater management design manual.
A copy ofthe application is available for review in the Office of the City Clerk, Room 456,
Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia.
N-Amend Subdivision 31.1 - 12-17-07
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
City Clerk's Office, at 853-2541, before noon on Thursday, December 13,2007.
GIVEN under my hand this 28th day of November, 2007.
Stephanie M. Moon, CMC, City Clerk
Notice to Publisher:
Publish in the Roanoke Times once on Friday, November 30, 2007 and December 8, 2007.
Send affidavit and bill to:
Stephanie M. Moon, City Clerk
215 Church Avenue, S. W.
Roanoke, Virginia 24011
(540) 853-2541
1\.T_n.m,::lonn .C:,,'hniuio;r""\n '111 _ '''>_'"7_'''''
CITY OF ROANOKE '
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 240fl-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@roanokeva_gov
SHEILA N. HARTMAN, CMC
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
CECELIA R. TIREE
Assistant Deputy City Clerk
December 19, 2007
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 37987-121707 rezoning Official Tax Map
No. 1620112 located at 2802 Brandon Avenue, S. W., from RMF, Residential
Multifamily District, to MX, Mixed Use District, as set forth in the Zoning
Amendment Application filed in the Department of Planning, Building and
Development on October 19, 2007, and dispensing with the second reading by
title of this ordinance.
The abovereferenced' measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, December 17, 2007, and is in
full force and effect upon its passage.
Sincerely,
~fv\.~~
Stephanie M. Moon, CMC
City Clerk -
SMM:ew
Attachment
pc: R. Brian Townsend, Assistant City Manager for Community Development
Thomas Carr, Director, Planning, Building and Development
~4~o1
\'}..\.
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 17th day, of December, 2007.
No. 37987-121707.
AN ORDINANCE to amend 9 36.2-100, Code of the City of Roanoke (1979), as
amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5,
2005, as amended, to rezone certain property within the City, and dispensing with the
second reading of this ordinance by title.
WHEREAS, the Planning Commission for the City of Roanoke, has made
.,
application to the Council of the City of Roanoke, Virginia ("City Council"), to have the
property located at 2802 Brandon Avenue, S.W., bearing Official Tax No. 1620112,
rezoned from RL\1F, Residential Multifamily District, to IvlX, Mixed Use District;
WHEREAS, the City Planning Commission, after giving proper notice to all
concerned as required by 936.2-540, Code of the City of Roanoke (1979), as amended,
and after conducting a public hearing on the matter, has made its recommendation to City
Council;
WHEREAS, a public hearing was held by City Council on such application at its
meeting on December 17, 2007, 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
interest and citizens were given an opportunity to be heard, both for and against the
. proposed rezoning; and
WHEREAS, this Council, after considering the aforesaid application, the
recommendation made to City Council by the Planning Commission, the City's
Comprehensive Plan, and the matters presented at the public hearing, finds that the public
necessity, convenience, general welfare and good zoning practice, require the rezoning of
K:\Susan's Documents\Talevi\Measures\2007\0-City 2802 Brandon Avenue, SW - rezone-12-17-07.doc
the subject property, and for those reasons, is of the opinion that the hereinafter described
G .
property should be rezoned as herein provided.
. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that:
1. Section 36.2-100, Code of the City of Roanoke (1979), as amended, and
the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as
amended, be amended to reflect that Official Tax Map No. 1620112, located at 2802
Brandon Avenue, S.W., be and is hereby rezoned from RMF, Residential Multifamily
District, to MX, Mixed Use District; as set forth in the Zoning Amendment Application
filed in the Department of Planning, Building and Development on October 19,2007.
2. Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
ATTEST:
~~'<<\.~
City Clerk.
K:\Susan's Do~uments\Talevi\Measures\2007\Planning Commission\O-City 2802 Brandon Avenue, SW - rezone-12-17-07.doc
CITY OF ROANOKE
PLANNING BUILDING
& ECONOMIC DEVELOPMENT
215 Church Avenue, S.W., Room 166
Roanoke, Virginia 24011
Telephone: (540) 853-1730 Fax: (540) 853-1230
E-mail: planning@roanokeva.gov
Architectural Review Board
Board of Zoning Appeals
Planning Commission
December 17, 2007
Honorable C. Nelson Harris, Mayor
Honorable David B. Trinkle, Vice Mayor
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Beverly T. Fitzpatrick, Jr., Council Member
Honorable Sherman P. Lea, Council Member
Honorable Gwendolyn W. Mason, Council Member
Honorable Brian J. Wishneff, Council Member
Dear Mayor Harris and Members of City Council:
Subject:
Request from the City Planning Commission to rezone
Official Tax 1620112 at 2802 Brandon Avenue, S.W., from
RMF, Residential Multifamily District, to MX, Mixed Use
District, to place the subject property in a zoning district
which is consistent with its current use.
Planning Commission Action:
Planning Commission public hearing was held on Thursday, November 15, 2007.
There was no one present to speak for or against the request. By a vote of 7-0,
the Commission recommended that City Council approve the requested
rezoning.
Recommendation
Bya vote of 7-0, the Commission recommends approval of the requested
rezoning, finding that the application to rezone the subject property to be
consistent with the Zoning Ordinance, Vision 2001-2020, and the Greater
Raleigh Court Neighborhood Plan. Rezoning the subject property to MX District
is appropriate to the site's existing physical improvements, land use and the
surrounding neighborhood.
Respectfully submitted,
~~
Henry Scholz, Chairman
City Planning Commission
Members of City Council
Page 2
December 17, 2007
cc: Darlene L. Burcham, City Manager
R. Brian Townsend, Assistant City Manager
William M. Hackworth, City Attorney
Members of City Council
Page 3
December 17, 2007
Application Information
Request: RezoninQ
Owner: Vistar Properties, LLC
Applicant: City PlanninQ Commission
City Staff Person: Maribeth B. Mills
Site Address/Location: 2802 Brandon Avenue, S.W.
Official Tax Nos.: 1620112
Site Area: 2.16 Acres
Existing Zoning: RMF, Residential Multifamily
Proposed Zoning: MX, Mixed Use
Existing Land Use: Office, General or Professional
Proposed Land Use: Office, General or Professional
Neighborhood Plan: Greater Raleigh Court Neiqhborhood Plan
Specified Future Land Use: Residential Multifamily
Filing Date: Original Application: October 19, 2007
Background
On December 5,2005, the subject property's zoning was changed from C-1,
Office District, to RMF, Residential Multifamily District along with numerous other
properties in the vicinity as part of the City's comprehensive rezoning. The
existing use of that property during the comprehensive rezoning was office,
general or professional, a use that continues there today. As part of the City's
annual review of zoning maps, it became clear that the zoning designation given
to this site during the comprehensive rezoning was inconsistent with its use.
Therefore, the City of Roanoke is requesting to rezone the property from RMF
District, to MX, Mixed Use District to allow the Vistar Eye Center's corporate
office to continue as a conforming use.
Considerations
Surroundinq Zoninq and Land Use:
Zoning District Land Use
North CN, Commercial Neighborhood Retail Sales-(Faniily Dollar).
South R-7, Single-Family Residential and RMF, Single-family dwelling and a
Residential Multifamily vacant parcel.
East RMF, Residential Multifamily' Dwelling, Multifamily
(Brandon West). .
West RMF, Residential Multifamily Dwelling, Multifamily
(Colonial Yorktown).
Members of City Council
Page 4
December 17, 2007
Compliance with the Zoninq Ordinance:
Under the property's current zoning, multifamily dwellings, townhomes and a
range of group care facilities are permitted by-right or by special exception.
Offices are not permitted, making the existing use nonconforming and subject to
Section 36.2-705 of the City's Zoning Ordinance. This section only allows the
nonconforming use to operate within the parameters present at the time of the
comprehensive rezoning - meaning the intensification of the use is not allowed.
Rezoning the property to MX District will remove the office from its
nonconforming status, allowing current and future owners to expand the use.
Conformity with the Comprehensive Plan and Neiqhborhood Plan:.
Both Vision 2001-2020 and the Greater Raleigh Court Neighborhood Plan call for
maximizing the use of existing commercial properties while remaining sensitive to
surrounding uses. Rezoning the subject property to MX District is appropriate for
a commercial property located amongst residential dwellings. This district
permits low intensity commercial uses' including general or professional office,
medical clinic, studio, personal service establishment, community center and a
variety of public facilities such as a library or government offices. Single-family
dwellings, two-family dwellings, multifamily dwellings and townhomes are also
permitted in the MX District which is consistent with the multifamily designation
given to this property on the Neighborhood Plan's Future Land Use Map.
The following policies of Vision 2001-2020 are relevant to the application:
. ED P6. Commercial development. Roanoke will encourage commercial
development in appropriate areas of Roanoke to serve the needs of citizens
and visitors.
The following policies of the Greater Raleigh Court Neighborhood Plan are
relevant to the application:
. Community Design Policies
a. Commercial and residential zoning districts should be defined to
provide compatible transitions between land uses.
. Economic Development Policies
a. Existing commercial properties should be used to their fullest
potential, with minimalland dedicated to parking and maximizing
on-street parking.
City Department Comments:
None.
Department of Planning, Building and Development
Room 166, Noel C. Taylor Municipal Building
215 Church Avenue, S.W.
Roanoke, Virginia 24011
Phone: (540) 853-1730 Fax: (540) 853-1230
Ir,;(;gl\s~,t1.~f~'19~f4ri(d,'~
Submittal Number: !original Application
Date: joctober 19, 2007 I
;~!~q::~~]!]I!~!!!!!!!!!mBl
~ Rezoning, Not Otherwise Listed
o Rezoning, Conditional
o Rezoning to Planned Unit Development
o Establishment of Comprehensive Sign Overlay Dis~rict
o Amendment of Proffered Conditions
o Amendment of Planned Unit Development Plan
o Amendment of Comprehensive Sign Overlay District
Address: 12802 Brandon Avenue,SW
Official Tax No(s).: 11620112
Existing Base Zoning:
RMF, Residential Multifamily
(Ifmultiple zones, please manually enter all districts.)
Ordinance No(s). for Existing Conditions (If applicable): I
Requested Zoning: IMX, Mixed Use I Proposed Land Use: I
Ptt)"""'e
Name: IVistar Properties, LLC
o With Conditions
[8] Without Conditions
\
\
I Phone Number: I
E-Mail: I I
Address: 2802 Brandon Avenue, SW Roanoke, VA 24015
Property Owner's Signature:
Name: ICity of Roanoke Planning Commission
I Phone Number:
+ 1 (540) 853-1730 \
I
Address: 215 Church Avenue, S.W., Roanoke, VA 24011
E-Mail: I
Name:
Phone Number: Il;;'-\D ~S; ~ n~D \
E-Mail: I I
Address:
Authorized Agent's Signatu~e:
REZONING NARRATIVE
2802 Brandon Avenue, S.W., Official Tax No. 1620112
Rezone from RMF, Residential Multifamily District, to MX, Mixed Use
District
On December 5,2005, the property at 2802 Brandon Avenue, S.W., Official Tax
No. 1620112, was rezoned as part of the comprehensive rezoning for the City of
Roanoke.
The City Planning Commission believes that the rezoning of the above-
mentioned property will put the property in the appropriate zoning district and will
further the intent and purposes of the City Zoning Ordinance and its
comprehensive plan in that it will correct the previous zoning and place the
subject property in the zoning district which is consistent with its current use.
This property is currently being used as the corporate office for Vistar Eye
Center, a use permitted in the MX District.
76'
70
~a
"ii'
RMF
B
..-
ee
..-
>210205
,\cf/'O'O
Jb~
C
1610212
YORK/OWN
'\620'\02.
..-
0
..-
0
N
lO
..-
co
RMF 0
..-
N~
lO
..-
...J 1620914
...J
<(
:I:
I-
::>
0 o;t
C") en
..- 0
N CO
RAg 1620915 0
N
0 lO
1.0 ..-
1620916
o;t 1.0
..- ..-
,,~ CO CO
1620917 0 0
~" N N
ro~ lO lO
..- ..-
'"
..> ~
~ O'l AVENEL
Y"
0 0
" '0 7..\:f~ 7.. '\ ~ lO
~
0 lO
~ Q
O'l
~
Tax Map No. 1620112 0
lO
1620922 16 0923 62092 ~
-.J
I t,
EXHIBIT B
PROPERTY OWNER AND ADJOINING PROPERTY OWNER LISTING
2802 Brandon Avenue, S.W. Tax No. 1620112
Subject Property Owner
1620112
Vistar Properties, LLC
2802 Brandon Avenue, S.W.
Roanoke, VA 24015
Adjoining Property Owners
1610211 Buffalo Bal Business Trust
Store 4785
POBox 3165
Harrisonburg, PA 17105
1620101 Colonial Yorktown, LLC
1458 Ingleside Avenue
McLean, VA 22101
1620102 McGimsey Family Limited
POBox 18208
Roanoke,VA 24014
1620113 Mary Ann Dickenson
3219 Orchard Hill Road, SW
Roanoke, VA 24018
1620914 Kevin and Fiona Schulz
2755 Laburnum Avenue, SW
Roanoke, VA 24015
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145 '
E-mail: clerk@roanokeva.gov
SHEILA N. HARTMAN, CMC
Deputy City Clerk
CECELIA R. TYREE
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
December 19, 2007
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
)
I am attaching copy of Ordinance No.3 7986-121707 rezoning Official Tax Map
No. 5090216 located at 2048 Electric Road, S. W., from MX, Mixed Use District,
to CG, Commercial-General District, as set forth in the Zoning Amendment
Application filed in the Department of Planning, Building and Development on
October 19, 2007, and dispensing with the second reading by title of this
ordinance.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, December 17, 2007, and is in
full force and 'effect upon its passage.
Sincerely,
J$t1~ Yv\. ~~
r
Stephanie M. Moon, CMC
City Clerk
SMM:ew
Attachment
pc: R. Brian Townsend, Assistant City Manager for Community Development
Thomas Carr, Director, Planning, Building and Development
r6l'
) \~l~ol
.J
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 17th day of December, 2007.
No. 37986-121707.
AN ORDINANCE to amend 9 36.2-100, Code of the City of Roanoke (1979), as
amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5,
2005, as amended, to rezone certain property within the City, and dispensing with the
second reading bf this ordinance by title.
WHEREAS, the Planning Commission for the City of Roanoke, has made
application to the Council of the City of Roanoke, Virginia ("City Council"), to have the
property located at 2048 Electric Road, S.W., bearing Official Tax No. 5090216, rezoned
from MX, Mixed Use District, to CG, Commercial-General District;
WHEREAS, the City Planning Commission, after giving proper notice to all
concerned as required by ~36.2-540, Code of the City of Roanoke (1979), as amended,
and after conducting a public hearing on the matter, has made its recommendation to City
Council;
WHEREAS, a public hearing was held by City Council on such application at its
meeting on December 17, 2007, after due and timely notice thereof as required by 936.2-
540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in
interest and citizens were given an opportunity to be heard, both for and against the
proposed rezoning; and
WHEREAS, this Council, after considering the aforesaid application, the
recommendation made to City Council by the Planning Commission, the City's
Comprehensive Plan, and the matters presented at the public hearing, finds that the public
necessity, convenience, general welfare and good zoning practice, require the rezoning of
K:\Susan's Documents\Talevi\M;asures\2007\0-City 2048 Electric Road, SW - rezone-12-17-07.doc
the subject property, and for those reasons, is of the opinion that the hereinafter described
property should be rezoned as herein provided.
THEREFORE, BE IT ORDAINED by the Council ofthe City of Roanoke that:
1. Section 36.2-100, Code of the City of Roanoke (1979), as amended, and
the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as
amended, be amended to reflect that Official Tax Map No. 5090216, located at 2048
Electric Road, S.W., be and is hereby rezoned from MX, Mixed Use District, to CG,
Commercial-General District; as set forth in the Zoning Amendment Application filed in
the Department of Planning, Building and Development on October 19, 2007.
2. Pursuant to the provisions of Section 12 of the Gity Charter, the second
reading of this ordinance by title is hereby dispensed with.
ATTEST:
~Xt\.~
City Clerk.
K:\Susan's Documents\Talevi\Measures\2007\0-City 2048 Electric Road, SW - rezone-12-17-07.doc
CITY OF ROANOKE
PLANNING BUILDING
& ECONOMIC DEVELOPMENT
215 Church Avenue, S.W., Room 166
Roanoke, Virginia 24011
Telephone: (540) 853-1730 Fax: (540) 853-1230
E-mail: planning@roanokeva.gov
Architectural Review Board
Board of Zoning Appeals
Planning Commission
December 17, 2007
Honorable C. Nelson Harris, Mayor
Honorable David B. Trinkle, Vice Mayor
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Beverly 1. Fitzpatrick, Jr., Council Member
Honorable Sherman P. Lea, Council Member
Honorable Gwendolyn W. Mason, Council Member
Honorable Brian J. Wishneff, Council Member
Dear Mayor Harris and Members of City Council:
Subject:
Request from the City Planning Commission to rezone
property at 2048 Electric Road, S.W., Official Tax No.
4090216, from MX, Mixed Use District, to CG, Commercial
General District, to place the property in a zoning district
which is consistent with its current use.
Planning Commission Action:
Planning Commission public hearing was held on Thursday, November 15, 2007.
There was no one present to speak for or against the request. By a vote of 7-0,
the Commission recommended that City Council approve the requested
rezoning.
Recommendation
By a vote of 7-0, the Commission recommends approval of the requested
rezoning, finding that the application to rezone the subject property to be
consistent with the Zoning Ordinance, Vision 2001-2020, and the Greater
Deyerle Neighborhood Plan. Rezoning the subject property to CG District is
appropriate to the site's existing physical improvements, land use, and location.
Respectfully submitted,
~,~
Henry Scholz, Chairman
City Planning Commission
Members of City Council
Page 2
December 17, 2007
cc: Darlene L. Burcham, City Manager
R. Brian Townsend, Assistant City Manager
William M. Hackworth, City Attorney
Members of City Council
Page 3
December 17, 2007
Application Information
Request: Rezoninq
Owner: Edens & Avant Financinq \I
Applicant: ' City PlanninQ Commission
City Staff Person: Maribeth B. Mills ,
Site Address/Location: 2048 Electric Road, S.W.
Official Tax Nos.: 5090216
Site Area: 2.16 Acres
Existing Zoning: f0X, Mixed Use District ,
Proposed Zoning: CG, Commercial-General District
Existing Land Use: Motor Vehicle Repair and Service Establishment
Proposed Land Use: , Motor Vehicle Repair and Service Establishment
Neiqhborhood Plan. Greater Deyerle Neighborhood Plan
Specified Future Land Use: Commercial
Filing Date: Original Application: October 19, 2007
.
Background
On December 5, 2005, the subject property's zoning was changed from C-2,
General Commercial District, to MX, Mixed Use District. The existing use of that
property during the comprehensive rezoning was motor vehicle repair and
service establishment, a use that continues there today. As part of the City's
annual review of zoning maps, it became clear that the zoning designation given
to this site during the comprehensive rezoning was inconsistent with its use.
Therefore, the City of Roanoke is requesting to rezone the subject property from
MX District, to CG, Commercial-General District to allow the existing business to
continue as a conforming use.
Considerations
Surroundinq ZoninQ and Land Use:
West
C2, General Commercial District
Roanoke Count
Land Use
Retail Sales Southwest Plaza.
Financial Institution FNB Bank.
Dwelling, Multifamily (Fairington
Apartments .
Retail Sales (Oak Grove Plaza).
North
South
East
Zoning District
CLS, Commercial-Lar e Site District
C1, Office District Roanoke Count
RMF, Residential Multifamily
Compliance with the ZoninQ Ordinance:
Under the current zoning designation of MX District, residential dwellings and a
limited number of commercial uses are permitted by-right or by special exception.
Motor vehicle repair or service establishments are not permitted, making it a
Members of City Council
Page 4
December 17, 2007
nonconforming use and subject to Section 36.2-705 of the City's Zoning
Ordinance. This section only allows the nonconforming use to operate within the
parameters present at the time of the comprehensive rezoning - meaning the
intensification of the use is not allowed. Rezoning the property to CG District will
free the subject property from its nonconforming status, allowing current and
future owners to expand the use.
Conformity with the Comprehensive Plan and Neiqhborhood Plan:
Both the City's Comprehensive Plan and the Greater Deyerle Neighborhood Plan
calls for maximizing the use of existing commercial properties. As the City is
physically limited in options for expansion, it is important to efficiently use the
land available. An MX designation is too limiting for a property already
developed commercially and located on a heavily traveled four-lane highway.
The Neighborhood Plan calls forthe future redevelopment of the Southwest
Plaza shopping center into a mixed use complex of office, retail and residential.
However, in order for this to occur, the entire shopping center would have to be
rezoned (currently zoned CLS, Commercial-Large Site District). In the mean
time, the subject parcel should be allowed to operate to its fullest potential.
The following policies of Vision 2001-2020 are relevant to the application:
. ED P6. Commercial development. Roanoke will encourage commercial
development in appropriate areas of Roanoke to serve the needs of citizens
and visitors.
The following policies of the Greater Deyerle Neighborhood Plan are relevant to
the application:
. Community Design Policies
a. Zoning: Maintain the current zoning districts as they are. If property
owners request changes:
i. Evaluate rezoning requests based on the specific
recommendations and guidelines of this plan.
ii. Support rezoning requests that will allow for expansion on
existing commercial or industrial properties without
encroaching into residential areas.
. Economic Development Policies
a. Existing underused commercial properties should be developed or
redeveloped before rezoning additional landfor commercial use.
b. Existing commercial properties should be used to their fullest '-
potential, with minimal parking spaces.
c. Limit commercial zoning to identified commercial areas.
City Department Comments:
None.
Department of Planning, Building and Development
Room 166, Noel C. Taylor Municipal Building
215 Church Avenue, S.w.
Roanoke, Virginia 24011 Ij!~i~&~Ji~KH~i~JP:Rt~q1fhZ~
Phone: (540) 853-1730 Fax: (540) 853-1230
Date: 10ctober 19, 2007 Submittal Number. 10riginal Application
e
[8J Rezoning, Not Otherwise Listed
o Rezoning, Conditional
o Rezoning to Planned Unit Development
o Establishment of Comprehensive Sign Overlay District
o Amendment of Proffered Conditions
o Amendment of Planned Unit Development Plan
o Amendment of Comprehensive Sign Overlay District
I 0 With Conditions
[8J Without Conditions
I Phone Number:
I E.-Mail: I
\
I
Name: ICity of Roanoke Planning Commission
I Phone Number: I, +1 (540) 853-1730 I
E-Mail: I I,
Address: 215 Church Avenue, S.W., Roanoke, VA 24011
Applicant's Signature:
'A'lHh"'d"ri~"e'(f"A""8:,>;chf"
Name:
Phone Number: 1(540) <6'S" ~-1/3 oj
E-Mail: I
:::::;r;;:i:.~;~t~;:iS;;;
Address:
Authorized Agent's Signature:
REZONING NARRATIVE
2048 ElectricRoad, S.W., Official Tax No. 5090216
Rezone from MX, Mixed Use District, toCG, Commercial General District
On December 5, 2005, the property at 2048 Electric Road, S.W., Official Tax No.
5090216, was rezoned as part of the comprehensive rezoning for the City of
Roanoke.
The City Planning Commission believes that the rezoning of the above-
mentioned property will put the property in the appropriate zoning district and will
further the intent and purposes of the City Zoning Ordinance and its
comprehensive plan in that it will correct the previous zoning and place the
subject property in the zoning district which is consistent with its current use. This
particular piece of property is currently being used as a motor vehicle repair and
service establishment, a use which is permitted in the CG, Commercial General
District.
(c) RMF
5090205
~
(c) ~
CLS %
:::.1
CLS
509020'\
~
~(\
r.
~(\
~
'-
g
tiS
RM-2
Roanoke County
I Tax Map No. 50902161
-
Q
EXHIBIT B
PROPERTY OWNER AND ADJOINING PROPERTY OWNER LISTING
2048 Electric Road, S.W. Tax No~ 5090216
Subject Property Owner
5090216
Edens & Avant Financing II
POBox 528
Columbia, SC 29202
Adjoining Property Owners
5090201
Edens & Avant Financing II
POBox 528
Columbia, SC 29202
5090124
Fairington Apartments of Roanoke
PO Box 40177
Indianapolis, IN 46240
County
076.07-04-33
Oak Grove Inc
POBox 1596
Salem, VA 24153
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
-- ---- --- ----- ------ --- -- - - - ----- - - --- - --------- - -+--- -- -------- - -- - - -- - ---
\\,'III"It"
,,\ I\. I "\/ 'I"
" :-( I'" IJ'\ TI11 ""
....' ~'O ............'-</A. "',
~ ~,.., O,/l-?''< ":v -:.
..n.;.N IIG . ...
:: .....: \,\,)6\..\ '. ~ ~
.. llJ . 090930.-
.., #1 .-
= ~ : ?,E.G. iA~\SS~?~ : ~ :
~ ~'. \IJ\'iC~CL. ~(\: <::.::
-:. '. tJ.?\.,. \ . <;; ::
... ~ '. . . ~...
"',0_'.. ...~......
TOTAL COST: 372.00 ",,'17410 ......... \)~ .........
FILED ON: 12/08/07 ""'" iVWEAli\\ \\"
'1111 1,1\\
----------___________________________UL___________+________________________
(
STEPHANIE M. MOON
CITY OF ROANOKE CLERK'S OFFICE
215 CHURCH AVE SW RM 456
NOEL C. TAYLOR MUNICIPAL BLDG.
ROANOKE VA 24011
REFERENCE:
32143302
10628144
N-Vistar Properties
State of Virginia
City of Roanoke
I, (the undersigned) an authorized representative
of the Times-World Corporation, which corporation
is publisher of the Roanoke Times, a daily
newspaper published in Roanoke, in the State of
Virginia, do certify that the annexed notice was
published in said newspapers on the following
dates:
City/County of Roanoke, Commonwealth/State of
Vi~~pia. Sworn and subscribed before me this
_JL~~~day of December 2007. Witness my hand
and official seal.
Ci: ~ ~ ~ Notary Public
Pi~===lC~131~J_l___.
PUBLISHED ON:
11/30
12/08
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
fNOTlCE OF PUBLIC .
HEARING
The Council of the City of
Roanoke will hold a public
hearing on Monday,
December 17, 2007, at 7:00
p.m., or as soon thereafter
as the matter may be,heard,
in the Council Chamber,
I fourth. floor, in the Noel C.
Taylor Municipal Building,
1215 Church Avenue, S.W:,
: Roanoke, Virginia, to
: consider the following:
\ Request from the City Of.,
Roanoke Planning
Commission to rezone the
following properties: Official
Tax No. 5090216 at 2048
Electric Road, S;W., from'
MX, Mixed Use District, to'
CG, Commercial General\
District, and Official Tax No.
1620112 at 2802 Brandon
Avenue, S.W., from RMF,
Residential Multifamily
District, to MX, Mixed Use I
District, to place the subject I
properties in zoning districts
which are consistent with
their current uses. '
Copies of the applications
are available for review in
the Office of the City Clerk,
Room 456, Noel C. Taylor
Municipal Building, 215
Church Avenue, S.W.,
Roanoke, Virginia.
All parties in interest and'
citizens may appear on the
above date and be heard on .
the maUer. If you are a:
person with a disability who
needs accommodations for
this hearing, pleaSe contact
the City Clerk=s Office, at
853-2541, before noon on
Thursday, December 13,
2007.
GIVEN under my hand this
28th day of November,
2007.
Stephanie M. Moon, CMC,
. City Clerk
\~8144~___~
Authorized ~ .jJ *--hA I . . __:..
Signature '-i1lMlJ...-1f-~-r=l.J~~-' Billing Servi ces Representa t i ve
:":~.-";, ."0: I:: '"'.:' ,. : . _ .
., "'<-~'''','''''''-~ ~'''-......... ....' .
. -------~ ._._-"-"- .
::: .::.:~ - :.:~:' . .:
., ...) .~.,.
s~\ 1'01
\\ ~\
i,."
NOTICE OF PUBLIC HEARING
The Council of the City of Roanoke will hold a public hearing on Monday, December 17,
2007, at 7:00 p.m., or as soon thereafter as the matter maybe heard, in the Council Chamber, fourth
floor, in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, to
consider the following:
Request from the City of Roanoke Planning Commission to rezone the
following properties: Official Tax No. 5090216 at 2048 Electric Road, S.W.,
from MX, Mixed Use District, to CG, Commercial General District, and
Official Tax No. 1620112 at 2802 Brandon Avenue, S.W., from RMF,
Residential Multifamily District, to MX, Mixed Use District, in order to
correct the previous zoning and to place the subject properties in zoning
districts which are consistent with their current uses.
Copies ofthe applications are available for review in the Office ofthe City Clerk, Room 456,
Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia.
All parties in interest and citizens may appear on the above date and be heard on the matter.
If you are a person with a disability who needs accommodations for this hearing, please contact the
City Clerk's Office, at 853-2541, before noon on Thursday, December 13, 2007.
GIVEN under my hand this 28thday of November
,2007.
Stephanie M. Moon, CMC, City Clerk
,.'CIl::.C
N-Vistar Properties - Rezone RMF to MX - 2802 Brandon Ave 12-17-07
Notice to Publisher:
Publish in the Roanoke Times once on Friday, November 30,2007 and December 8, 2007.
Send affidavit and bill to:
Stephanie M. Moon, City Clerk
215 Church Avenue, S. W.
Roanoke, Virginia 24011
(540) 853-2541
N-Vistar Properties - Rezone RMF to MX - 2802 Brandon Ave 12-17-07
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@roanokeva.gov
SHEILA N. HARTMAN, CMC
Depu.ty City Clerk
STEPHANIE M. MOON, CMC
City Clerk
CECELIA R. 1YREE
Assistant Deputy City Clerk
December 19, 2007
Darlene L. Burcham
City Manager
Roanoke, Virginia
J
Dear Ms. Burcham:
I am attaching copy of Ordinance No.3 7988-121 707 authorizing the execution
of a Deed of Easement granting Hurt Park, LP, a permanent 20 foot wide
drainage easement, together with a 40 foot wide temporary construction
easement, across City-owned property designated as Official Tax Map No.
. 1210320 located at Hurt Park Elementary School, upon certain terms and
conditions, and dispensing with the second reading by title of this ordinance..
The. abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, December 17, 2007, and is in
full force and effect upon its passage.
Sincerely,
A~Yr\.~
Stephanie M. Moon, CMC
City Clerk
SMM:ew
Attachment
pc: Glenda Edwards, Interim Executive Director, Roanoke Redevelopment and
Housing Authority, P. O. Box 6359, Roanoke, Virginia 24017
Jesse A. Hall, Director of Finance
R. Brian Townsend, Assistant City Manager for Community Development
Brian K. Brown, Economic Development Administrator
Cassandra L. Turner, Economic Development Specialist
1)1L
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 17th day of December, 2007.
No. 37988-121707.
AN ORDINANCE authorizing the execution of a Deed of Easement granting to Hurt Park, LP,
a permanent 20 foot wide drainage easeInent, containing 6,911 square feet, together with a 40 foot
wide temporary construction easement, across City owned property designated as Tax Map No.
1210320, located at Hurt Park Elementary School, upon certain terms and conditions; and dispensing
with the second reading by title ofthis ordinance.
WHEREAS, a public hearing was held on December 17,2007, pursuant to 9915.2-1800(B) and
15.2-1813, Code of Virginia (1950) as amended, at which hearing all parties in interest and citizens
were afforded an opportunity to be heard on such conveyance.
BE IT ORDAINED by the Council ofthe City of Roanoke that:
1. The City Manager and City Clerk are authorized to execute and attest, respectively, on
behalf of the City of Roanoke, in a form approved by the City Attorney, a Deed of Easement granting
to Hurt Park, LP, a permanent 20 foot wide drainage easement, containing 6,911 square feet, together
with a 40 foot wide temporary construction easement, across City owned' property designated as Tax
Map No. 1210320, located at Hurt Park Elementary School, as more particularly set forth in the City
Manager's letter to Council dated December 17, 2007.
2. Pursuant to the provisions of Section 12 ofthe City Charter, the second reading of this
ordinance by title is hereby dispensed with.
r-
ATTEST:
~::::k~'~
K:\Measures\David\hurt park lp deed of easement l207.doc
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
City Web: www.roanokeva.gov
'-
December 17, 2007
Honorable C. Nelson Harris, Mayor
Honorable David B. Trinkle, Vice Mayor
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Beverly T. Fitzpatrick, Jr., Council Member
Honorable Sherman P. Lea, Council Member
Honorable Gwendolyn W. Mason, Council Member
Honorable Brian J. Wishneff, Council Member
Dear Mayor Harris and Members of City Council:
Subject: Request of Permanent Drainage
Easement and Temporary
Construction Access Easement
On City Owned Property -
#1210320
Background:
Hurt Park, LP is seeking a 20' wide by approximately 350' long permanent
drainage easement and a 40' wide temporary construction access easement
across city-owned property designated as Tax Map number 1210320, located at
Hurt Park Elementary School, to lay underground piping to extend storm sewer
rainwater retention from the proposed New Hurt Park Subdivision to the existing
city storm sewer system. (See the proposed easement and attached plat - Exhibit
A).
Recommended Action:
Authorize the City Manager to execute the appropriate documents granting the
permanent drainage and temporary construction easements as described above
and approved as to form by the City Attorney.
Darlene L. Bu cham
City Manager
Honorable Mayor and Members of City Council
December 17, 2007
Page 2
DLB:c1t
c: Stephanie M. Moon, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
R. Brian Townsend, Assistant City Manager Community Development
Brian K. Brown, Economic Development Administrator
Cassandra L. Turner, Economic Development Specialist
CM07-00197
Exemption claimed: Grantee is exempted from recordation taxes
and fees pursuant to '58.1-11A(3), Code of Virginia.
Prepared by and return to R. Neal Keesee, Jr.
Woods Rogers PLC
Post Office Box 14125
Roanoke, Virginia 24038-4125
Official Tax No. 1210320
Property Owners: City of Roanoke
THIS DEED OF EASEMENT, dated this _ day of December, 2007, by and between
the CITY OF ROANOKE, VIRGINIA, a municipal corporation organized and existing under the
laws of the Commonwealth of Virginia, ("Grantor"), and the HURT PARK, LP, a Virginia limited
partnership, ("Grantee"),
WIT N E SSE T H:
THAT, FORAND IN CONSIDERATION ofthe sum of ONE AND NOIlOO DOLLARS
($1.00), cash in hand paid by the Grantee to Grantor, receipt of which is hereby acknowledged,
Grantor does hereby GRANT AND CONVEY to Grantee, with General warranty and English
covenants of title, a perpetual private 20' wide drainage and access easement and 40' wide temporary
construction easement (which temporary construction easement shall expire upon completion of the
drainage improvements in the permanent easement area), for the purpose of constructing and
installing and thereafter maintaining, operating, relaying and, if necessary, replacing a drainage
system with all necessary appurtenances thereto, and does hereby assign, transfer and set over any
and all right, title and interest it may have in and to said existing or future private drainage system,
facilities and all necessary appurtenances thereto, including without limitation, pipelines, culverts or
inlets, said easement being over, through and across real estate lying in the City of Roanoke,
Virginia, bearing Official Tax Map No. 121320, and being more particularly described as follows:
{#1055772-l, 077836-00385-0l}
A 20' wide private drainage easement containing 6911 sq.ft., more or less, and a 40' wide
temporary construction easement, all as shown on plat, entitled "Plat for Permanent and
Temporary Drainage Easements across TMP 1210320; Hurt Park Elementary School dated
October 22,2007 revised 10/23/07 and 12/06/07, prepared by Gay and Neel, Inc., a copy of
which is attached hereto and incorporated by reference herein.
BEING a portion of the same property conveyed to Grantor by deed dated April 2, 1945,
from Virginia Investment Corporation, on record in the Clerk's Office of the Circuit Court
for the City of Roanoke, Virginia, in Deed Book 709, Page 476.
Recordation of this deed constitutes Grantee's acceptance of the property interests conveyed
herein.
WITNESS the following signature and seal:
CITY OF ROANOKE
(SEAL)
By
Its
COMMONWEALTH OF VIRGINIA
I To-wit:
CITY OF ROANOKE
The foregoing instrument was acknowledged before me this _day of
2007, by , the
Roanoke, Virginia.
of the City of
Notary Public
Registration No.
My Commission expires:
Approved as to Form
Assistant City Attorney
{#1055772-1, 077836-00385-01}
___ I I TMP 1210634 .......I:;:o
- - -I HURT PARK SUBDIVISION I 0 g rr1
I I I (PLAT TO BE FILED) ~ <T!!l ~ ~
1-1 r---.1.0}!! 1-57 --<" Zrii~'tJ
-.J --- -ug "r>.....
-527'15' I STo':t~VATE I >:> >~Z'"
4,3" IV /,fAJNTEN'NA TEll I ~ ~ ~;:: ~ "
,EASE:ME:~~CE: ~lo~f'T1~
7Or"'L ~ .... ~ ; ~
706.78' 0 -<
TO t
CJ
o
I\)
U1
U1
o
Ul
~
M
z 0 I;o
0 0",
." '"' Co
fTI <r- ~~;o~
~ G)rr1o"U
:.'" ,>
~~ l::~~~
:I!;::::><o
:. "''''''''
OZ ~
III ;0--< ~
,...~ ~~
"'"
[>I
;:0
,"
I\) 'Of
0
0 .....l'J '" ~
,
I ~ '" x
;::
"'I'tJ
zc>
--<;0;0
S;~~ S;-1~
-<'tJ,
Ul>_ ~~N
fTI-Ul
;::z:::t
",>z I::><~
I~ ~~G) o ~
o '"
--J , 0
'"
...,
-
-
-=~
--= ~
-- --;:==:---
EXISn: ;ORM~
SEWER SYSTEM I ~
"
f11 .,. f" '" ;-" ;:: Z ~~~~ 0':- clQ!!jZ
S;:i! m:i! ~~:i! g!a:i! ~~g~ -< 0 ~
0 ~ ~c.. 0 1I:~~O
lIl'" :::'" ZlIl'" z",- a~~ III
'" g~;g lIl>lIl 0 ;0 zC '" 0 -i0 -i
;::> lIl> -:::t'1l ;:: -< ;0 0 .. go)>
",;0 ~z> ;0 '" ;:: ciii Z c
0;0 -i~;o "';o~ . '1l
Z'" c'" iii c zo > Z Z :!I ;0
-i> >> ~iil~ ~G)-i ~~o III CD ~n ;:: ~ ~ ~
'"
011: ;011: III o>::e "';o~ 0 C ;o:::t ~
"':i! -i>", z> Z 0 0 > 0 C/)
-i:i! >0 >",en z~/Tl ;::Z ." :!I
>- ;:J- x;oo CD>" ~~i!l '" -<> > 0
Inz ",z 0'" x ;0
~~:i! g~~ " :I:Z ;0 /Tl C/)
:-l:i! /Tl
-.J:i! li:i!:i! ;ij >0 en -i
;0 _ z;::" /Tl ~~ III >
g/Tl /Tl ~~lIl ~~~ !Q i5 ? )>
Olr;! " r-x" ;o-i/Tl . ,,/Tl 0" Z -i
lIl;:: /Tl ~,,> -<>0 ~NQ ZZ /Tl 0 IT1
;0 0 0
0'1l ;:: ~>-t ~~d fD~~ 0 3:
Co > g~iii "eo g~ cl :I:
>;0 Z ;olll;o /Tl IT1
;0> /Tl ",,,, ~:I::i! Pl:l'" lIlg_ :I! ;0
"';0 Z ""r--i '" Z
;:J-< -i . ~o -<> ""_. ;0 a~/Tl CD ;-:l
~G) . F/Tl -.J 0 -<
",0 /Tl 0> > I :i!~d
-iO > 0;0 Z" Z ~>
.z III "'> OC 0
III ~ NZ -i;O " m~~ ;oz
;d O-i " '" :::to
/Tl CDO ~~~~
C Z .., "'lIl :?;!~
0 -i 00 '" -<i:OZ
:::t 0 ;0;0 0(TI~G) :i!~
0 > 0
Z ~ :i!z .., ." F~ >"
",> -<- -ic
In G) :::t CD
>z C
"G) 0
I"'" ~~ z
l' ~~ >
az Z
z CDG) 0
!l ."
!;l:i! 0
N ~'" ;0
07 r-
.... fT1 /Tlo :i!
- -> /Tl
Zr;!_
!I! ~
8 :
p
~nil
~- l
~,'
~~~ ~
~~~
o"'~
~~.
""
PLA T for
PERMANENT and TEMPORARY
DRAINAGE EASEMENTS
ACROSS TMP 1210320; 'HURT PARK ELEMENTRY SCHOOL'
CIty of Roanoke, Virglnlo
lil i
- C)
~
--<
~
:;:!
'"
o
:::;!
Sil
'"
o
~
~
o
>
;;l
-i
'"
;::
'U
:I: ~l1:' rB
c.,,~>'U
~~-<g3!
'U-i 8 l;J::;
>:I:ZlIl-i
::O"'l/l '"
" -i"'",
l/l~~~q
cz '"
CD"'~;::Cl
Cl::!]O"'::O
<-izZ~
iiio -iz
6"S;>~
Z l/lZ'"
",Cl
;::
'"
Z
-i
~ ~
'" x
;::
"'I'tJ
Zc>
--<;0;0
$j-l~
-<'tJ'
"'0 $; N
I::><~
8 ~
, 0
rIfO)
-a~1.~
lt9~c':.s ]l.~II~\Il~\IV'
~]l.~lS ':-.r--
1,;:::s-'Z.~
~ ~
~~~
"'>;::
~~~
~G")""
--<"'z
--<
o
~~~
"';;:j'tJ
~c~
"'0>
Z::t;o
--<0-<
Z
Sil~ill;a:;:! "'~"'~:;:! :;:!
:;:!!Z!gl:l'" i a '" ~
;;;a~~~ ;~;~~ :;:!
'"
:::;!a~!!l~ 0
Z!z!S;:CI :::;!
Sil:;:!I<l~!il ~~--<:-I~
","'n Sil
~~~oo i1:!F~o-
:;:!O<D '"
~ z!2 _ollla ~
~~~R~ li~;1 ~
~i~!ili iii
~~~~Sil lil"'~~ :;:!
~%:;:!~:;:! ;!a;ll s '"
~~e~~ - '" i:l
>;5--<2
c::rl;;la'"
~ ~:;:!o ~z"':;:!Sf1 lQ
II:
?:l p;",~ ~~Sl"':;:! ~
a 'i";;ilCl ~~II:~", 0
. ~ lQ!il P1~;~~ I
a:lill~ !a
SilSil !~~Sil~ Sil
~~!Z! % "'0 :;:!
~~ii1 !a!! 0% '"
~iZ~~Sil ~
"'~~ :;:!~ "':;:! 0
Sil!j;!1 e~~Eiii !e
sa::l: 0
~o~ ~!e!a I
~I~ ~CI~~ ::I:
~51iii i:~::I:~ !a
't:I ~o '"
co- ~ ~s;: ~
~~:;:! ~~-~
~ :;:! !Z!:;:!c1
'" y1'"
.. GAY AND NEEL, INC.
V. CML ENGINEERING
" LAND PLANNING
SURVEYING
328 Mountain Avenue S.W.
Roanoke. Virginia 24016
Phone: (540) 345- 1110 Fax: (540) 345-5560
[moil: infoOgayondneel.com
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
- - - - - --- - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - -+- - - - - - - - - - - - - - - - - - - - -- --
ROANOKE REDEV. & HOU
2624 SALEM TURNPIKE
ROANOKE VA 24017
REFERENCE: 80043134
10637566
Hurt Park LP
State of Virginia
City of Roanoke
I, (the unders igned) an au thori zed representat i ve
of the Times-World Corporation, which corporation
is publisher of the Roanoke Times, a daily
newspaper published in Roanoke, in the State of
Virginia, do certify that the annexed notice was
published in said newspapers on the following
dates:
City/County of Roanoke, Commonwealth/State of
Virginia. Sworn and subscribed before me this
__l~~~ay of December 2007. Witness my hand
and official seal.
~~-~~~~_~_~ D.-~~ ~l\._~"ot~rr r~blic
M~~~~~~Pi~~~~~l~~~ ~~-L--'
PUBLISHED ON:
12/07
\\\111111111
",\\ p.. LA Y "I"
.... ~<::)..J.. ....... i1?"'l "
~...", ~ "~O.tf..?8 .....'/V \
.. ~ " oUo' \C " ..
.. l:lj' r o\.- . * ..
= i #7090930: =
~ . : f',cG, Ot-AWI\SS\O~: ::E =
~ '. WI'! ~c I'\?-c \ : ;!: ::
...~. ft. "'\'C,:j"
0:.... 0~", ......:~...~
..., ''7~ .......... . x'" "
'" ONWEAl"'\\ \) ",
'I, ~\ ",
111'"1111\1
TOTAL COST:
FILED ON:
210.00
12/07/07
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
NonCE ;- PUBLIC \ --
HEARING
The City of Roanoke
proposes to grant a
permanent storm water
drainage and access
easement, with an
approximate width of 20 feet
and 350 feet In length, and
a temporary construction
access easement with an
approximate width of 40
feet, extending from the
proposed New Hurt Park
subdivision through Hurt
Park Elementary School, to
Hurt Park, LP, across
City-owned property
Identified by Official Tax Map I
Nos. 1210634 and 1210320
in connection with the
develOP, ment of thatl.
subdivision.
Accordingly, pursuant to I
the requirements. of
~~15.2.1800(8) and'1813,
Code of Virginia (1950) as
amended, the City proposes
to convey the above
described property to Hurt
Park, LP. Notice Is hereby
given that the City Council of
the City of Roanoke .will hold
a public hearing on the
above matter at its regular
meeting to be held on
Monday, December 17,
2007, commencing at 7:0.0
.p. m , , In t h eC 0 u n c II
Chambers, 4th Floor, Noel C.
Taylor Municipal Building,
215 Church Avenue, S.W.,
Roanoke, Virginia, 24011.
Further information Is
available from. the Office of
the City Clerk for the City of
'Roanoke at (540) 853-2541.
CItizens shall have the
opportunity to be heard and .
express their opinions on
said matter.
If you are a person with a
disability who needs
accommodations for this
hearing, please contact the
City Clerk's Office at (540)
853-2541, before 12:00
noon on Thursday, December
, 13,2007. . .
: GIVEN under my hand this
'4th day of December, 2007.
. Stephanie M. Moon, CMC,
City Clerk
(10637566)
~_. --~--- --- --- -
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -7 - - - - - -+- - - - - - - - - - - - - - - - - - _ _ _ _ __
Authorized~"" i1- 1!J( ~ J_" ~ ,;~
Signature'~~;f~____r~~illing Services Representative
;:~:'i,~:i
,;....,c....."',;,......,,<,,
., .,..',~..._.....,.....,..,,,..-.. .
..--------.-..
::; _:':~~::.
r'
=.",.:".;I.;".;~ -....., .
..c-;..................-,...;,.,."...,...
--~--_.._~_.
ot2L
NOTICE OF PUBLIC HEARING
The City of Roanoke proposes to grant a permanent storm water drainage and
access easement, with an approximate width of 20 feet and 350 feet in length, and a
temporary construction access easement with an approximate width of 40 feet, extending
from the proposed New Hurt Park subdivision through Hurt Park Elementary School, to
Hurt Park, LP, across City-owned property identified by Official Tax Map Nos. 1210634
and 1210320 in connection with the development of that subdivision.
Accordingly, pursuant to the requirements of 9915.2-1800(B) and 1813, Code of
Virginia (1950) as amended, the City proposes to convey the above described property to
Hurt Park, LP. Notice is hereby given that the City Council of the City of Roanoke will
hold a public hearing on the above matter at its regular meeting to be held on Monday,
December 17, 2007, commencing at 7:00 p.m., in the Council Chambers, 4th Floor, Noel
C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011.
Further information is available from the Office of the City Clerk for the City of Roanoke
at (540) 853-2541.
Citizens shall have the opportunity to be heard and express their opinions on said
matter.
If you are a person with a disability who needs accommodations for this hearing,
please contact the City Clerk's Office at (540) 853-2541, before 12:00 noon on Thursday,
December 13,2007.
GIVEN under my hand this 4thdayof December
,2007.
Stephanie M. Moon
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@roanokeva.gov
STEPHANIE M. MOON, CMC
City Clerk
..(."
December 19, 2007
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
SHEILA N. HARTMAN, CMC
Deputy City Clerk
CECELlA R. TYREE
Assistant Deputy City Clerk
I am attaching copy of Ordinance No. 37989-121707 authorizing the City
. Manager to execute a Deed of Restriction for property owned by the City of
Roanoke, identified as Official Tax Map No. 6140706 located at
1909 Meadowbrook Road, N. W., and dispensing with the second reading by
title of this ordinance.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, December 17, 2007, and is in
full force and effect upon its passage.
Sincerely,
J..,~~.~
Stephanie M. Moon, CMC
City Clerk
SMM:ew
Attachment
pc: Jesse A. Hall, Director of Finance
James L. Grigsby, Assistant City Manager for Operations
Glenn A. Asher, Risk Management Officer
Robert K. Bengtson, P.E., Director of Public Works
~4C
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA
The 17th day of December, 2007.
No. 37989-121707.
AN ORDINANCE authorizing the City Manager to execute a Deed of Restriction for
property ~wned by the City of Roanoke, identified as Tax Map No. 6140706, located at 1909
,
Meadowbrook Road, in the City of Roanoke, Virginia; 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. The City Manager and the City Clerk are hereby authorized to execute and to
attest, respectively, a Deed' of Restriction substantially similar to the one attached to the City
Manager's letter to Council dated December 17,2007, and any related and necessary documents,
in a form approved by the City Attorney, for property owned by the City of Roanoke, identified
as Tax Map No. 6140706, located at 1909 Meadowbrook Road.
2. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by
title is hereby dispensed with.
ATTEST:
h~~~~
K:\Measures\David\1909 Meadowbrook Road 12 07.doc
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
City Web: www.roanokeva.gov
December 17, 2007
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: 1909 Meadowbrook Road -
Floodplain Property Acquisition
under FEMA Hazard Mitigation
Grant Program - Restrictive Deed
Background:
The City has acquired the flood prone property at 1909 Meadowbrook Road
under the FEMA Hazard Mitigation Grant Program. As a condition of the grant,
the property must be maintained as open space in accordance with the attached
deed of restriction.
Recommended Action:
Authorize the City Manager to execute the attached deed of restriction.
Darlene L. Bu
City Manager
Honorable Mayor and Members of City Council
December 17, 2007
Page 2
DLB:LEP:dps
c: William M. Hackworth, City Attorney
Stephanie M. Moon, City Clerk
Jesse A. Hall, Director of Finance
Glenn A. Asher, Risk Management Officer
Robert K. Bengtson, PE, Director of Public Works
CM07-00195
Exemption Claimed: City exempt from recordation taxes
and fees pursuant to 58.1811 A(3), Code of Virginia.
Prepared by the Office of the City Attorney
Tax Map No. 6140706
Property Owner: City of Roanoke, Virginia
DEED OF RESTRICTION
The City of Roanoke, Virginia ("City"), a municipal corPoration organized and existing
under the laws of the Commonwealth of Virginia, as attested by the undersigned signature of
its City Manager, does of its own free will, impose the following restrictive covenants upon the
following described property, located in the City of Roanoke, Virginia, such property being
13,446 square feet and consisting of 0.3087 acres now owned by the City, by deed dated May
16, 2007, of record in the Circuit Court for the City of Roanoke, Virginia, as Instrument No.
030005869 ("Property"), and further described as follows to wit:
Tax Map No. 6140706
BEING all of that property known as Lot 6, Block 7, according to Map of Section
No.1, Norwood, which map is recorded in Plat Book 3, page 119, in the Circuit
Court Clerk's Office for the County of Roanoke, Virginia.
The following restrictive covenants are hereby created, declared and established, and
made for and in consideration of the mutual covenants existing or hereinafter to exist by and
between the City and any grantee or grantees of this Property, and are made with the express
intent of ensuring that no structures are built on the Property which is located within a 100 year
flood plain, and compliant with such other restrictions as are further stated below and required
by the terms of the Hazard Mitigation Grant Program grant by which funds were made
available for the purchase of the Property.
1. The City agrees that the Property shall be used only for purposes compatible with
open space, recreational, or wetlands management practices;
K:\david\Deeds\1909 Meadowbrook Deed of Restriction 614070612 07.doc
2. The City agrees that no new structures or improvements shall be erected on the
Property other than a restroom or a public facility that is open on all sides and functionally
related to the open space use;
3. The City acknowledges that it will not be considered for any future disaster
assistance for any purpose relating to the Property from any Federal source, and agrees not to
seek the same;
4. The City agrees that it shall convey the Property only to another public entity
and only with prior approval from the Regional Director of FEMA. Such conveyance shall be
made expressly subject to the above-referenced conditions and restrictions which shall run with
the Property in perpetuity.
WITNESS the following signatures and seals:
CITY OF ROANOKE, VIRGINIA
By
Darlene L. Burcham
City Manager
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF
)
), to-wit:
The foregoing instrument was acknowledged before me this _ day of ,
200_, by Darlene L. Burcham, the City Manager for the City of Roanoke, for and on behalf
ofthe City.
My commission expires:
SEAL
Notary Public
Approved as to Form:
Assistant City Attorney
K:\david\Deeds\1909 Meadowbrook Deed of Restriction 614070612 07.doc
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
-- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - -- - - - - - - - -+- - - - - - - - - - - - - - - - - - - - - - --
STEPHANIE M. MOON
CITY OF ROANOKE CLERK'S OFFICE
215 CHURCH AVE SW RM 456
NOEL C. TAYLOR MUNICIPAL BLDG.
ROANOKE VA 24011
NOTICE OF PUBLIC
HEARING
PUBLISHED ON:
12/07
\\\111111/"'1
,\\\ ;'{ A LA}-: '"
..,' ~O .... .... Il?-<l ",
~"9::'t(""'N.OiARY .... ."",'~
: ((j :' PUBLIC ". ~
~ f REG. #7090930 ': * =
:: *: M'< COMMISSION : ~ =
~ '. EXPIRES : ~ ~
~ ~ ". ..\O~ ..., 1.=..1 \: (zj ::
',~ ". ..' ~ ~
'" ~OtV ......... ~ ~ ,,'"
'1", WEAL1\-\ ()\\\"
"111111"\
The City of Roanoke
proposes to place restrictive
covenants on City owned
property designated as Tax
Map No. 6140706 located at
1909 Meadowbrook Road.
The property. which was
purchased through the
Federal Emergency
Management Act Hazard
Mitigation Grant Program is
located in a one hundr'ed
year flood plain. The terms
of the grant require the City
to, place certain restrictive
covenants on the property
that restrict the purposes for
which the property can be
conveyed and the structures
that may be constructed on
the property. . .
Accordingly, pursuant to
the req.'ulrements of
gg15.2-1800(E) and 1813,
Code of Virginia (1950) as
amended, notice is hereby
given that the City' Council of
the City of Roanoke will hold
a pUblic hearln'g on the
.above.matter a(its regular
meetIng to"be,held on
Monday,'Deceinlier 17 '
2007; commencing at 7:00
p . m .,' In'. - t.~:e,;C 0 u n c i I
Chambers, 4th"Floor, Noel C.
Taylor MunI9ip'~1 8uilding,
215 Church Avenue, S.W.,
Roanoke, Virginia, 24011.
Furthe,r information Is
available from the Office of
the City Clerk for the City of
Roanoke at (540) 853-2541.
Citizens shall have the
opportunity to be heard and
express their opinions on
said matter.
If you are a person with a
disability who needs
accommodations for this
hearing, please contact the
City Clerk's.Office at (540)
853-2541, liefore 12:00
noon on Thursday, December
13, 2007.
GIVEN under my hand this
4th day of December, 2007. ~
S~ephanie M. Moon, CMC, I
City Clerk
(10637560)
REFERENCE: 32143302
10637560
1909 Meadowbrook Dee
State of Virginia
City of Roanoke
I, (the unders igned) an au thori zed representa t i ve
of the Times-World Corporation, which corporation
is publisher of the Roanoke Times, a daily
newspaper published in Roanoke, in the State of
Virginia, do certify that the annexed notice was
published in said newspapers on the following
dates:
City/County of Roanoke, Commonwealth/State of
V\~~nia. Sworn and subscribed before me this
_ ~day of December 2007. Witness my hand
and official seal.
~~ _~~ ~ '- ~ - tary Public
My~~~~i~~i~~Gi~Pir~~==:LQ~:J~11-__.
TOTAL COST:
FILED ON:
201.00
12/07/Q7
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ~+- - - - - - - - - - - - - - - - - - - - - - --
Authorized ~ ~
Signature'-tl~t4t--
illing Services Representative
.;~~:.:.::~,;jE:;._
" "';o.;.''''....'..._-.,~,,.,.. _.
~._-----_._._~.,.
wac-
NOTICE OF PUBLIC HEARING
The City of Roanoke proposes to place restrictive covenants on City owned property
designated as Tax Map No. 6140706 located at 1909 Meadowbrook Road. The property, which
was purchased through the Federal Emergency Management Act Hazard Mitigation Grant Program,
is located in a one hundred year flood plain. The terms of the grant require the City to place certain
restrictive covenants on the property that restrict the purposes for which the property can be
conveyed and the structures that may be constructed on the property.
Accordingly, pursuant to the requirements of 9915.2-1800(E) and 1813, Code of Virginia
(1950) as amended, notice is hereby given that the City Council ofthe City of Roanoke will hold a
public hearing on the above matter at its regular meeting to be held on Monday, December 17,2007,
commencing at 7:00 p.m., in the Council Chambers, 4th Floor, Noel C. Taylor Municipal Building,
215 Church Avenue, S.W., Roanoke, Virginia, 24011. Further information is available from the
Office of the City Clerk for the City of Roanoke at (540) 853-2541.
Citizens shall have the opportunity to be heard and express their opinions on said matter.
If you are a person with a disability who needs accommodations for this hearing, please
contact the City Clerk's Office at (540) 853-2541, before 12:00 noon on Thursday, December 13,
2007.
GIVEN under my hand this 4thdayof December, 2007.
Stephanie M. Moon
City Clerk
N-Bella Vita Holdings, LLC - 30l-6th St- former fire station no. 3 12-3-07
/
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@roanokeva.gov
SHEILA N. HARTMAN, CMC
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
CECELIA R. TYREE
Assistant Deputy City Clerk
December 19, 2007
REVIlED
Roger Vest, Vice President of Real Estate Development
Roanoke Redevelopment and Housing Authority
P. O. Box 6359
Roanoke, Virginia 24017
Dear Mr. Vest:
Your petition for appeal of a decision of the Architectural Review Board with
regard to a Certificate of Appropriateness for the demolition of a structure
located at 806 Marshall Avenue, S. W., was before the Council of the City of
Roanoke at a regular meeting held'on Monday, December 17, 2007.
Action on the matter was tabled for six months.in order to allow certain parties
the opportunity to encourage development of the property.
Sincerely,
~M.~
Stephanie M. Moon, ,CMC
City Clerk
SMM:ew
pc: Darlene L. Burcham, City Manager
R. Brian Townsend, Assistant City Manager for Community Development
Steven J. Talevi, Assistant City Attorney
Erica Taylor, Agent, Architectural Review Board
Mr. William D. Bestpitch, 381 Washington Avenue, S. W., Roanoke,
Virginia 24016
Mr. Robert N. Richert, 41 5 Allison Avenue, S. W., Roanoke, Virginia
24016
,- x\ C1
~~~~ \
\v'\i
SUGGESTED MOTION TO REVERSE THE DECISION OF THE CITY OF
ROANOKE ARCHITECTURAL REVIEW BOARD AND TO GRANT THE REQUEST
FOR A CERTIFICATE OF APPROPRIATENESS FOR THE DEMOLITION OF A
RESIDENTIAL FAMILY STRUCTURE AT 806 MARSHALL AVENUE, S.W.
"Based upon the evidence (testimony and documents) presented to this Council at
today's hearing, I move that the decision of the City of Roanoke Architectural Review Board
on October 11, 2007, be reversed and that a Certificate of Appropriateness be issued for the
demolition of a residential family structure at 806 Marshall Avenue, S.W., as set forth in the
Petition for Appeal, on the grounds that pursuant to Section 36.2-331(e) of the Code of the
City of Roanoke (1979), as amended, the purpose and necessity of the proposed demolition
are in accordance with the intent of the H-2, Historic Neighborhood Overlay District, the loss
of the structure would not be adverse to the district or the public interest by virtue of the
structure's uniqueness or its contribution to the district, and the proposed demolition would
not have an adverse effect on the character and surrounding environment of the district."
Or
SUGGESTED MOTION TO AFFIRM THE DECISION OF THE CITY OF
ROANOKE ARCHITECTURAL REVIEW BOARD AND TO DENY THE REQUEST
FOR A CERTIFICATE OF APPROPRIATENESS FOR THE DEMOLITION OF A
RESIDENTIAL FAMILY STRUCTURE AT 806 MARSHALL AVENUE, S.W.
"Based upC?n the evidence (testimony and documents) presented to this Council at
today's hearing, I move that the decision of the City of Roanoke Architectural Review Board
on October 11, 2007, be affirmed and that no Certificate of Appropriateness be issued for
the demolition ofa residential family structure at 806 Marshall Avenue, S.W., as set forth in
the Petition for Appeal, on the grounds that pursuant to Section 36.2-331 (e) of the Code of
the City of Roanoke (1979), as amended, the purpose and necessity of the proposed
demolition are not in accordance with the intent of the H-2, Historic Neighborhood Overlay
District, the loss of the structure would be adverse to the district or the public interest by
virtue of the structure's uniqueness or its contribution to the district, and the proposed
demolition would have an adverse effect on the character and surrounding environment of
the district."
L:\ATTORNEY\DATA\CLLD1\SJT\ARB\Roanoke Redevelopment & Housing Authority\MOTIONS- 806 Marshall
Ave. doc
VIRGINIA;
IN THE COUNCIL OF THE CITY OF ROANOKE
IN THE MATTER OF
)
)
)
)
)
)
PETITION FOR APPEAL
Roanoke Redevelopment and
Housing Authority
This is a Petition for Appeal from a decision of the Architectural Review
Board under Section 36.2-530(c)(5) of the Zoning Ordinance of the Code of the
City of Roanoke (1979), as amended.
1. Name of Petitioner(s): Roanoke Redevelopment and Housing
Authority
2. Doing business as (if applicable):
3. Street address of property which is the subject of this appeal:
806 Marshall Avenue, SW
4. Overlay zoning (H-1, Historic Downtown Overlay District, or H-2, Historic
Neighborhood Overlay District) of property(ies) which is the subject of this
appeal: H-2, Historic Overlay District
5. Date the hearing before the Architectural Review Board was held at which
the decision being appealed was made: October 11, 2007
6. Section of the Code of the City of Roanoke under which the Certificate of
Appropriateness was requested from the Architectural Review Board
(Section 36.2-330 if H-1 or Section 36.2-331 if H-2): Section 36.2-331
7. Description of the request for which the Certificate of Appropriateness was
sought from the Architectural Review Board: Demolition of residential
family structure.
8. Grounds for appeal: The structure is beyond repair and meets the
criteria for demolition set forth in Section 36.2-331 (e) of the Zoning
ordinance. We have attempted to identify a developer to rehabilitate
the property. However, no feasible offers have been received.
9. Name, title, address and telephone number of person(s) who will
represent the Petitioner(s) before City Council: .
Roger Vest, Vice President of Real Estate Development
2624 Salem Turnpike, N.W.
Roanoke, Virginia 24017
(540) 983-9262
WHEREFORE, your Petitioner(s) requests that the action of the
Architectural Review Board be reversed or modified and that a Certificate of
Appropriateness be granted.
Signature of Owner(s)
(If not Petitioner):
.rft~ ~jvt~~,
Glenda Edwards
Name: Interim Executive Director
(print or type)
Signature of Petitioner(s) or
representative(s), where
applicable:
~f~
Roger Vest
Name: Vice President of Real Estate
(print or type) Development
Name:
Name:
(print or type)
(print or type)
------------------------------------------------------------------------------------------------------------
TO BE COMPLETED BY CITY CLERK: "., ,',! . ...." '.i- .:1- . -:.-
Received by: ~fn. ~ Date: ~~'f ~(fD7
CITY OF ROANOKE
PLANNING BUILDING AND DEVELOPMENT
215 Church Avenue, S.W., Room 166
Roanoke, Virginia 24011
Telephone: (540) 853-1730 Fax: (540) 853-1230
E-mail: planning@cLroanoke.va.us
Architectural Review Board
Board of Zoning Appeals
Planning Commission
December 17, 2007
Honorable C. Nelson Harris, Mayor
Honorable David B. Trinkle, Vice-Mayor
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Beverly 1. Fitzpatrick, Jr., Council Member
Honorable Sherman Lea, Council Member
Honorable Gwendolyn W. Mason, Council Member
Honorable Brian J. Wishneff, Council Member
Dear Mayor Harris and Members of City Council:
Subject:
Roanoke Redevelopment and
Housing Authority Appeal of
Architectural Review Board (ARB)
Decision at 806 Marshall Avenue,
S.W.
Background:
The Roanoke Redevelopment and Housing Authority purchased the
property at 806 Marshall Avenue, S.W., in May 2006. An application to
demolish the structure was submitted by the Roanoke Redevelopment
and Housing Authority on August 10,2007.
On September 13, 2007, the ARB tabled the request by a vote of 5-0 vote
until the October 11, 2007, meeting. On October 11, 2007, a roll call
vote was taken and the request to approve the application failed by a 0-5
vote.
,';: .
'-' ~ J...
Considerations:
The demolition or relocation of any structure located in the H-2 District
requires a Certificate of Appropriateness.
The H-2 Architectural Design Guidelines, adopted by th~ ARB and
endorsed by City Council, state that building relocation and demolition
both have important implications for adjacent buildings and landscape
areas.
The Guidelines provide the following considerations for Demolition:
. Submit a copy of all documentation to the ARB for archival
purposes. Documentation must be submitted before a Certificate of
Appropriateness will be issued to allow demolition.
. Make every effort to preserve rather than demolish historic
buildings, walls and fences. Thoroughly evaluate all rehabilitation
and use alternatives, including moving.
. Undertake thorough documentation of a building prior to its
relocation or demolition, including- professional photographic
documentation of its present appearance, dimensions of the overall
building and its major features, and relationship of the building to
its site, adjacent buildings, and streetscape.
. Restore the vacant site of a relocated or demolished building to a
condition and appearance appropriate to the historic district if the
site will not be redeveloped immediately.
The Board found that the application was not consistent with the
following H-2 guidelines:
1. Make every effort to preserve rather than demolish historic
buildings, walls and fences. Thoroughly evaluate all rehabilitation
and use alternatives, including moving. \
2. Re~tore tre vacant site of a relocated or demolished building to a
condition' and appearance appropriate to the historic district if the
site will not be redeveloped immediately. No specific concept plan
'was presented at the meeting.
Recommendation:
The Architectural Review Board recommends that City Council affirm its
decision to deny the issuance of a Certificate of Appropriateness to
permit the demolition of the structure at 806 Marshall Avenue, SW.
Sincerely,
D~a<A j ~
Barbara Botkin, Chair
Architectural Review Board
cc: Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Steven J.Talevi, Assistant City Attorney
R. Brian Townsend, Assistant City Manager
Erica Taylor, Agent, Architectural Review Board
CITY OF ROANOKE
, OFFICE OF THE CITY CLERK
215 Church A venue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@roanokeva.gov
SHEILA N. HARTMAN
Deputy City Clerk
\.
STEPHANIE M. MOON, CMC
City Clerk
CECELIA R. TYREE
Assistant Deputy City Clerk
November 6, 2007
The Honorable Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mayor Harris and Members of Council:
I am enclosing copy of a Petition for Appeal filed by Roger Vest, Vice President of
Real Estate Development, on behalf of Roanoke Redevelopment and Housing
Authority, in connection with a decision of the Architectural Review Board to deny
issuance of a Certificate of Appropriateness with regard to property located at
806 Marshall Avenue, S. W. The petition was filed in the City Clerk's Office on
Tuesday, November 6, 2007.
Section 36.2-S30(c)(S), Certificate of Appropriateness; Code of the City of Roanoke
(1979), as amended, provides that any property owner aggrieved by any decision.
of the Architectural Review Board may present to the City Council a petition
appealing such decision, provided such petition is filed within 30 days after the
decision is rendered by the Board. The Council shall schedule a public meeting
and render a decision on the matter within 60 calendar days of receipt of the
petition, unless the property owner and the Agent to Architectural Review Board
agree to an extension. Council may affirm, reverse or modify the decision,of the
Architectural Review Board, in whole or in part, or it may refer the matter back to
the Board.
'-
With the concurrence of Council, I will include the Petition for Appeal on the
Monday, December 17, 2007, 7:00 p.m., City Council agenda.
Sincerely,
~ tn. 0JbDN
Stephanie M. Moon, CMC
City Clerk
SMM:ew
Enclosure
K:\Appeals to the ARB\appeals 2007\806 Marshall Ave SW RRHA appeal.doc
Mayor and Members of Council
November 6, 2007
Page 2
pc Roger Vest, Vice-President of Real Estate Development, Roanoke
Redevelopment and Housing Authority, 2624 Salem Turnpike, N. W.,
Roanoke, Virginia 24017
Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
Thomas Carr, Director, Planning, Building and Development
Barbara' Botkin, Chair,' Architectural Review Board, 616 Marshall
Avenue, S. W., Roanoke, Virginia 24016
Erica J. Taylor, Agenr, Architectural Review Board
Candace R. Martin, Secretary, Architectural Review Board
K:\Appeals to the ARB\appeals 2007\806 Marshall Ave SW RRHA appeal.doc