HomeMy WebLinkAboutCouncil Actions 07-18-11
LEA
39160-071811
ROANOKE CITY COUNCIL
REGULAR SESSION
JULY 18, 2011
2:00 P.M.
CITY COUNCIL CHAMBER
AGENDA
1. Call to Order--RolI Call. Vice-Mayor Trinkle and Council Member
Bestpitch were absent.
The Invocation was delivered by The Reverend Carl T. Tinsley, Pastor, First
Baptist Church, Buena Vista.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor David A. Bowers.
Welcome. Mayor Bowers.
NOTICE:
Today's Council meeting will be televised live and replayed on RVTV Channel 3 on
Thursday, July 21 at 7:00 p.m., and Saturday, July 23 at 4:00 p.m. Council meetings
are offered with closed captioning for the hearing impaired.
ANNOUNCEMENTS:
THE PUBLIC IS ADVISED THAT MEMBERS OF COUNCIL RECEIVE THE CITY
COUNCIL AGENDA AND RELATED COMMUNICATIONS, REPORTS,
ORDINANCES AND RESOLUTIONS, ETC., ON THE THURSDAY PRIOR TO THE
COUNCIL MEETING TO PROVIDE SUFFICIENT TIME FOR REVIEW OF
INFORMATION.
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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 GOVERNMENT
ICON.
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.
PERSONS WISHING TO ADDRESS COUNCIL WILL BE REQUIRED TO
CONTACT 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 MAY
CONTACT THE CITY CLERK'S OFFICE AT 853-2541, OR ACCESS THE CITY'S
HOMEPAGE TO OBTAIN AN APPLICATION.
THE COUNCIL OF THE CITY OF ROANOKE IS SEEKING APPLICATIONS FOR
THE FOLLOWING CURRENT OR UPCOMING VACANCIES:
ROANOKE ARTS COMMISSION - ONE VACANCY
ROANOKE PUBLIC LIBRARY BOARD - ONE VACANCY
LOCAL BOARD OF BUILDING CODE APPEALS - ONE VACANCY
ROANOKE CIVIC CENTER COMMISSION - TWO VACANCIES
2. PRESENTATIONS AND ACKNOWLEDGEMENTS:
Recognition of Fleet Management as one of the 100 Best Fleets in North America
by Government Fleet Magazine.
The Mayor recognized Ken Cronin, Director of General Services; Ken Bernard,
Fleet Manager; and Fleet Division employees.
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3. HEARING OF CITIZENS UPON PUBLIC MATTERS:
CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE
HEARD. ALL MATTERS WILL BE REFERRED TO THE CITY MANAGER FOR
RESPONSE, RECOMMENDATION OR REPORT TO COUNCIL, AS HE MAY
DEEM APPROPRIATE.
Robert Gravely appeared before the Council.
4.
CONSENT AGENDA
(APPROVED 5-0)
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. The mayor
called attention to two public hearing requests from the City Manager and
Director of Finance, respectively.
C-1 Minutes of the regularmeetings of Council held on Monday, May 16, 2011
and Monday, June 6, 2011.
RECOMMENDED ACTION: Dispensed with the reading ofthe minutes and
approved as recorded.
C-2 A communication from the City Manager requesting that Council schedule a
public hearing for Monday, August 1,2011, at 2:00 p.m., or as soon thereafter as
the matter may be heard, to consider granting a 15 foot above ground utility
easement across city-owned property located in the Roanoke Center for Industry
and Technology (RCIT).
RECOMMENDED ACTION: Concurred in the request.
C-3 A communication from the Director of Finance requesting that Council
schedule a public hearing for Monday, August, 15,2011, at 7:00 p.m., or as soon
thereafter as the matter may be heard, on a proposal authorizing the issuance of
debt for capital projects.
RECOMMENDED ACTION: Concurred in the request.
C-4 Minutes of the Audit Committee held on June 1, 2011 and June 6, 2011.
RECOMMENDED ACTION: Received and filed.
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C-5 Reports of qualification of the following individuals:
Jeffrey Robertson as a member of the Towing Advisory Board for a
term of office ending October 31,2013;
Ssunny Shah as a City representative of the Roanoke Valley
Convention and Visitors Bureau, Board of Directors for one-year term
of office ending June 30, 2012;
David B. Carson and Lori E. Vaught as Trustees of the Roanoke City
School Board for three-year terms of office, each, ending June 30,
2014;
,
Richard Willis, Jr., as a Trustee of the Roanoke City School Board to
fill the unexpired term of Jason E. Bingham commencing July 5, 2011
and ending June 30,2012;
Daniel Karnes as a Commissioner of the Roanoke Redevelopment
and Housing Authority for a four-year term of office ending August 31,
2015.
RECOMMENDED ACTION: Received and filed.
REGULAR AGENDA
5. PUBLIC HEARINGS: NONE.
6. PETITIONS AND COMMUNICATIONS:
a. Request of the Roanoke City Electoral Board in connection with relocation of
three polling sites for certain precincts within the City of Roanoke.
Adopted Ordinance Nos. 39160-071811; 39161-071811; and 39162-
071811 (5-0).
b. Presentation of the Jefferson Center Foundation regarding accomplishments
in the year ending June 30, 2011 and plans for the new season. David I.
Tenzer, Chairman, Board of Directors and Cyrus Pace, Executive Director,
Spokespersons. (Sponsored by Vice-Mayor Trinkle and Council Member
Bestpitch)
Remarks received and filed.
c. Request of the Roanoke Neighborhood Advocates to update the Council on
its current activities. Ronald McCorkle, Chair, Spokesperson. (Sponsored by
Council Members Rosen and Ferris)
Remarks received and filed.
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7. REPORTS OF CITY OFFICERS AND COMMENTS OF CITY
MANAGER:
a. CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
1. Acceptance and appropriation of funds for the Edward Byrne
Memorial Justice Assistance Grant from the Department of Criminal
Justice Services for the Intensive Supervision Juvenile Probation
Program.
Adopted Resolution No. 39163-071811 and Budget Ordinance No.
39164-071811 (5-0).
2. Approval to reduce funding in connection with the Virginia
Department of Transportation (VDOT) Signal and ITS Improvement
Project.
Adopted Budget Ordinance No. 39165-071811 (5-0).
COMMENTS BY CITY MANAGER.
The City Manager commented that due to recent storms, approximately 310
tons of brush was collected with piles as large as 30 feet long and 10 feet
high. Work crews have accrued an additional 360 hours of overtime and the
Roanoke Valley Resource Authority remained open for two additional hours
over three nights to process the brush. He noted that the Market Building
recently received positive attention because the mosaic artist and Art Tile
had installed custom mosaic tiles at the four building entrances. He
announced that the Smart Way Connector Bus service from Roanoke to
Lynchburg's Amtrak station would begin on July 19, at 5:45 a.m. and that the
Virginia Mountain Peach Festival would be held in Elmwood Park on July 22-
24. In response to inquiry, the City Manager and Director of Finance
addressed the Council with regard to the Federal Debt Ceiling.
At this point, Council member Rosen left the meeting. (3:14 p.m.)
5
b. DIRECTOR OF FINANCE:
1. Approval to make the irrevocable election to be deemed a non-
participating employer of the Line of Duty Fund, acknowledging all
responsibility for all current and future claims incurred by eligible
employees and administrative fees as invoiced by the State
Comptroller.
Adopted Resolution No. 39166-071811 (4-0).
8. REPORTS OF COMMITTEES:
a. A report of the Roanoke City School Board requesting appropriation offunds
for various educational programs; and a report of the Director of Finance
recommending that Council concur in the request. Margaret Lindsey,
Director of Accounting, Spokesperson.
Adopted Budget Ordinance 39167, as amended, on first reading (4-0,
Vice-Mayor Trinkle and Council Members Bestpitch and Rosen were
absent.)
b. A report of the Roanoke City School Board requesting appropriation offunds
for capital projects; and a report of the Director of Finance recommending
that Council concur in the request. Margaret Lindsey, Director of
Accounting, Spokesperson.
Adopted Budget Ordinance 39168, as amended, on first reading (4-0,
Vice-Mayor Trinkle and Council Members Bestpitch and Rosen were
absent.)
9. UNFINISHED BUSINESS: NONE.
10. INTRODUCTION AND CONSIDERATION OF ORDINANCES
AND RESOLUTIONS:
a. Ordinance No. 39152, on second reading, appropriating funds for the FY
2010 State Homeland Security Program Grant from Virginia Department of
Emergency Management to be. used by the Fire/EMS Department for
HAZMAT Team equipment and training.
Adopted Budget Ordinance No. 39152-071811 (4-0).
b. Ordinance No. 39154, on second reading, appropriating funds from the
Virginia Department of Health to provide for the nutritional needs of children
and youth during the summer months through a Parks and Recreation
supervised Summer Nutrition Program.
Adopted Budget Ordinance No. 39154-071811 (4-0).
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c. . Ordinance No. 39157, on second reading, with regard to an amendment of
Section 21-81, Discharqe of air Qun, qravel shooter. pneumatic Qun. etc.,
Code of the City of Roanoke (1979), as amended, to prohibit the City of
Roanoke from enforcing an ordinance that prohibits the shooting of
pneumatic guns on private property, with permission of the owner of the
property, if reasonable care is taken to prevent a projectile from crossing the
bounds of the property, effective July 1, 2011.
Adopted Ordinance No. 39157-071811 (4-0).
11. MOTIONS AND MISCELLANEOUS BUSINESS:
a. Inquiries and/or comments by the Mayor and Members of City Council.
b. Vacancies on certain authorities, boards, commissions and committees
appointed by Council.
AT 3:25 P.M., THE COUNCIL MEETING WAS DECLARED IN RECESS UNTIL 7:00 P.M.,
IN THE CITY COUNCIL CHAMBER, ROOM 450, NOEL C. TAYLOR MUNICIPAL
BUILDING.
7
ROANOKE CITY COUNCIL
REGULAR SESSION
JULY 18, 2011
7:00 P.M.
CITY COUNCIL CHAMBER
AGENDA
Call to Order--RolI Call. Vice-Mayor Trinkle and Council Members
Bestpitch and Price were absent.
The Invocation was delivered by Mayor David A. Bowers.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Bowers.
Welcome. Mayor Bowers.
NOTICE:
Tonight's Council meeting will be televised live and replayed on RVTV Channel 3
on Thursday, July 21 at 7:00 p.m., and Saturday, July 23 at 4:00 p.m. Council
meetings are offered with closed captioning for the hearing impaired.
A. PRESENTATIONS AND ACKNOWLEDGMENTS:
A resolution memorializing the late Sabra A. Bonds Bratton, longtime employee of
the City of Roanoke. The Mayor presented a ceremonial copy to "K.C." Bratton
and recognized the family in attendance. Adopted Resolution No. 39169-
071811 (4-0).
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B. PUBLIC HEARINGS:
1. Request of the Kuumba Community Health & Wellness Center, Inc., d/b/a
New Horizons Healthcare for designation of its personal property, located at
4910 Valley View Boulevard, N. W., Suite 310, to be exempt from taxation.
Eileen G. Lepro, MPH, Executive Director, Spokesperson.
Adopted Ordinance No. 39170, as amended, on first reading (4-0,
Vice-Mayor Trinkle and Council Members Bestpitch and Price were
absent.)
2. Request of Earl Slusser to permanently vacate, discontinue and close an
approximate 33', 127' portion of unimproved right-of-way on Wilson Street,
adjoining 1201 Penrod Avenue, S. E. Earl V. Slusser, Spokesperson.
Adopted Ordinance No. 39171, as amended, on first reading (4-0,
Vice-Mayor Trinkle and Council Members Bestpitch and Price were
absent.)
3. Request of Terry Wayne Cundiff, Valerie S. Eagle and Piedmont Property,
LLC, that property located at 445 and 435 Elm Avenues, S. W., be rezoned
from RM-1 Residential Mixed Density District to CN, Commercial-
Neighborhood District. Terry W. Cundiff, Agent, Spokesperson.
Adopted Ordinance No. 39172, as amended, on first reading (4-0,
Vice-Mayor Trinkle and Council Members Bestpitch and Price were
absent.)
4. Request of Austin Rogers, representing GBT Realty Corporation, to amend
proffered conditions as they pertain to 1261 Riverland Road, S. E., and 0
Garden City Boulevard, S. E., such amendment of proffers to limit the use of
the property to an enumerated list of uses permitted in the CG, Commercial
General District; to restrict the use of freestanding signs and prohibit
electronic readerboards; to require certain fencing and lighting; and to
remove proffers relating to the layout and design of the subject properties as
a highway convenience store and fast food restaurant, all of which is set
forth in the Amendment of Proffered Conditions Amended Application No.1
dated May 23,2011. Michael Pace, Agent, Spokesperson.
The Council voted to remand the matter to the City Planning
Commission for further review and consideration.
C. HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
D. ADJOURN - 7:23 P.M.
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CITY OF ROANOKE
CITY COUNCIL
215 Church Avenue, S.W
Noel C. Taylor Municipal Building, Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
DAVID A. BOWERS
Mayor
July 18, 2011
The Honorable Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of Council:
Council Members
William D. Bestpitch
Raphael E. "Ray" Ferris
Sherman P. Lea
Anita J. Price
Court G. Rosen
David B. Trinkle
This is to advise you that I will not be present at the 2:00 p.m. and 7:00 p.m. sessions of
Council on Monday, July 18, 2011. Best wishes for a successful meeting.
cerely,
~F:J-
David B. Trinkle
Vice-Mayor
/ctw
CITY OF ROANOKE
CITY COUNCIL
215 Church Avenue, S. W
Noel C. Taylor Municipal Building, Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
Council Members
William D. Bestpitch
Raphael E. "Ray" Ferris
Sherman P. Lea
Anita 1. Price
Court G. Rosen
David B. Trinkle
DAVID A. BOWERS
Mayor
July 18, 2011
The Honorable Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of Council:
This is to advise you that I will not be present at the 2:00 p.m. and 7:00 p.m. sessions of
Council on Monday, July 18, 2011. Best wishes for a successful meeting.
Sincerely,
1d4-~ :&tf.?d-
William D. Bestpitch
Council Member
/ctw
Fleet Division Named One of the Nation's Best
Each year the 100 Best Fleets in North America are chosen from
among the approximately 38,000 public fleets. The contest is sponsored by
Government Fleet Magazine, with judging performed by past winners. The
contest is a roadmap for excellence, continual improvement, innovation,
efficiencies and accountability. It is comprised of 12 drivers of excellence
that include areas such as Use of Technology and Information, Competitive
Pricing, Creativity, Collaboration, Resource Stewardship and Doing It Right
the First Time.
The City's Fleet Division was the highest-ranking fleet in the 100 Best
out of three Virginia winners, the others being Suffolk and Prince William
County. The award was presented on June 8 at the National Government
Fleet Conference and marks the first time the City of Roanoke has been
selected as one of the 100 Best Fleets.
CITY COUNCIL AGENDA REPORT
To:
Meeting:
Subject:
Honorable Mayor and Members of City Council
July 18, 2011
Request for a Public Hearing to Consider Appalachian Power
Company Request for Easement on City-Owned Property
Background:
Appalachian Power Company has requested a 15' above ground utility
easement across City-owned property, designated as tax map number
7230108. The purpose of the easement is to install support structures, and
related cable/wires, in order to transmit electric power to serve an adjoining
privately owned parcel of real estate designated as tax map number 7250101.
The City-owned property is located in the Roanoke Centre for Industry and
Technology (RClT) and is currently vacant.
Pursuant to the requirements of the Code of Virginia, the City of Roanoke is
required to hold a public hearing to consider the granting of an easement over
City-owned property.
Recommended Action:
Schedule a public hearing to be held on Monday, August 1,2011, at 2:00 p.m.,
on the above matter.
. MORRILL
Distribution: Council Appointed Officers
Brian Townsend, Assistant City Manager for Community Development
Robert B. Ledger, Economic Development Manager
Cassandra L. Turner, Economic Development Specialist
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IJNE TABLE (778 5.F.)
BEARING DISTANCE
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S 55"51' - 15.00'
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PROPERTY OF
BLUE HILLS GOLF CORPORA TlO-
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PUBUC 'muTY EASEMENT
SANITARY SE~ EASEMENT
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MAP 800K
PAGE
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NOTES:
I. THIS PLAT IS BASED fM A CURRENT RBD SUR~ AND DOCS NOT
CQNS1I1U1E A BOUNDARY SUR\f:Y. 1HE PURPOSE CF THIS PlAT IS ro
CRE'A1E A NEW IS' PUBLIC UTIU7Y EASEMENT fM TAX fl2J0108.
2. aJRRENT OWNER: aTY OF ROAN(J(E, 0.8. 1610, PG. 205-
.1 THIS PLAT WAS PREPARED ItfTHOUT THE BENEFIT OF A CURRENT 7171E
REPORT AND THERE MA Y EXIST ENCVM8RANCES. 'MIlaI AFFECT 1HE: SUB.ECT
PROPERTY THAT ARE NOT SHOWN HEREfM.
4. 7HfS PROPERTY DOCS NOT UE rrrTHlN THE UJlITS OF A '00 ~ FLCXXJ
BOUNDARY AS DESIGNATED BY IBIA. 7HlS OPfN/fM IS BASED fM AN
INSPECTlfM CF THE FLCXXJ INSURANCE RA1E MAPS AND HAS BEEN VERJRED
BY ACTUAL FfBD ElEVATIONS. SEE PANEL NUI/BER 510130 0166 ~ MAP
NUMBER SII61COl66 ~ DA TED SEP1E1i8ER 28, 2007. ZONE "X" UNSHADED.
5. FOR a.ARJTY PURPOSES NOT AJ.l PHYSICAL IMPROVEMENTS ARE SHOIW.
-x-
PLA T SHOWING NEW
15' PUBliC UTILITY EASEMENT
LOCA TED ON THE
PROPERTY OF
THE CITY OF ROANOKE
"TRACT 'H' TINKER CREEK"
CITY OF ROANOKE, VIRGINIA
40' 0
~.........-
SCALE: 1" = 40'
40'
DATE:
LUMSDEN ASSOCIATES, P.c.
ENGINEERS-SURVEYORS-PLANNERS
ROANOKE, VIRGINIA
June 30, 2011
SCALE:
1" = 40'
COMM. NO.:
11-105
PHONE: (540) 774-4411
fAX: (540) 772-9445
E-MAIL: MAlL@LUMSDENPC.COM
w:\drewlngs\2011\ 11105\so'\ 111051lwr -8 eml.dwg
MAP NO.
3780-231-A
W.O.NO.
JOB NO.
W002167001
11 100045
PROPERTY NO. 2
EAS NO.
THIS AGREEMENT, made this 1st day of
July
, 2011, by and between the
CITY OF ROANOKE, a municipal corporation existing under the laws ofthe Commonwealth of
Virginia, herein called "GRANTOR," and APPALACHIAN POWER COMPANY, a Virginia
cOfporation, herein called "APPALACHIAN."
WITNESSETH:
THAT FOR AND IN CONSIDERATION of the sum of ONE DOLLAR ($1.00), the
receipt of which is hereby acknowledged, the GRANTOR hereby gives license and permit to
APPALACHIAN, its successors and assigns, and the right, privilege and authority to said
APPALACHIAN, its successors and assigns, to construct, erect, operate, and maintain a line or
lines for the purpose of transmitting electric power overhead on the property of the City of
Roanoke, further identified as Roanoke City Tax Parcel number 7230108
in the City of Roanoke, Virginia.
BEING a right of way and easement, in, on, along, through, across or over said lands for
the purpose of providing service to the City of Roanoke Tax Parcel number 7230108, as
shown on that certain Lumsden Associates Drawing dated June 30, 2011, entitled "PLAT
SHOWING NEW 15'PUBLIC UTILITY EASEMENT LOCATED ON THE PROPERTY
OF THE CITY OF ROANOKE "TRACT 'H' TINKER CREEK", attached hereto and
made a part hereof.
TOGETHER with the right to said APPALACHIAN, its successors and assigns, to
construct, erect, install, place, operate, maintain, inspect, repair, renew, remove, add to the number
of, and relocate at will, poles, with wires, cables, crossarms, guys, anchors, grounding systems and
TillS, INSTRUMENT PREPARED BY AND UPON RECORDATION RETURN TO
APPALACIllAN POWER COMPANY, P.O. BOX 2021, ROANOKE VIRGINIA 24022-2121
Page 1
all other appurtenant equipment and fixtures (hereinafter called "Appalachian's Facilities"), and
string wires and cables, adding thereto from time to time, across through, or over the above
referred to premises; the right to cut down, trim and/or otherwise control, and at Appalachian's
option, remove from said premises, any trees, overhanging branches, buildings or other obstructions
which may endanger the safety of, or interfere with the use of Appalachian's Facilities, and the right of
,
ingress and egress to and over said above referred to premises and any of the adjoining lands of the
Grantors at any and all times, for the purpose of exercising and enjoying the rights herein granted, and for
doing anything necessary or useful or convenient in connection therewith. The Grantor hereby grants,
conveys and warrants to Appalachian Power Company a non-exclusive right of way easement for electric
facilities.
APPALACHIAN agrees to restore and repair any damage to GRANTOR'S property that
may be caused by the construction, operation, or maintenance of said easement. The GRANTOR
agrees that APPALACHIAN will not be expected to restore the property to the identical original
condition, but rather as near thereto as is reasonably practicable.
In the event APPALACHIAN should remove all of said Appalachian's facilities from the
lands of the GRANTOR, then all of the rights, title and interest of the party of APPALACHIAN
in the right of way and license hereinabove granted, shall revert to the GRANTOR, its successors
and assigns.
APPALACHIAN agrees to indemnify and save harmless the GRANTOR against any and
all loss or damage, accidents, or injuries, to persons or property, whether of the GRANTOR or
any other person or corporation, ansmg in any manner from the negligent construction,
operations, or maintenance, or failure to properly construct, operate, or maintain said
Appalachian's facilities.
TO HA VE AND TO HOLD the same unto Appalachian Power Company, its successors
and assigns.
Upon recordation of this agreement Appalachian accepts the terms and conditions
contained therein.
Page 2
NOTICE TO LANDOWNER: You are conveying rights to a public service corporation.
A public service corporation may have the right to obtain some or all of these rights through
exercise of eminent domain. To the extent that any of the rights being conveyed are not subject to
eminent domain, you have the right to choose not to convey those rights and you could not be
compelled to do so. You have the right to negotiate compensation for any rights that you are
voluntarily conveying.
WITNESS the signature of the City of Roanoke by Christopher P. Morrill, its City
Manager, and its municipal seal hereto affixed and attested by Stephanie M. Moon, its City Clerk
pursuant to Ordinance No.
adopted on
CITY OF ROANOKE
ATTEST:
CITY MANAGER
CITY CLERK
STATE OF VIRGINIA)
) TO-WIT:
CITY OF ROANOKE )
I, , a Notary Public in and for the City and
Commonwealth At Large, do certify that
and City Manager and City Clerk, respectively, of the City of
Roanoke, whose names as such are signed to the writing above, bearing date the day of
, 2011, have each acknowledged the same before me in my
jurisdiction aforesaid.
Given under my hand this
day of
, 2011.
My Commission Expires:
Notary Public
Reg. No.
Approved as to Form:
Approved as to Execution:
Assistant City Attorney
Assistant City Attorney
Page 3
CITY COUNCIL AGENDA REPORT
To:
Meeting:
Su bject:
Honorable Mayor and Members of City Council
July 18,2011
Public Hearing and Authorization of the Issuance of Debt for
Capital Projects
Background:
On May 9, 2011, City Council approved the FY2012-2016 Capital Improvement
Program (ClP). The ClP includes planned bond issuance in the amount of $8.3
million consisting of the following projects:
Bridge Renovations
Pu blic Parks
Storm Drain Renovations
Civic Center Improvements
Digital Radio Upgrade
School Facilities Maintenance and Improvements
Total
$ 1 ,030,000
1 ,500,000
1 ,120,000
750,000
2,000,000
1.900.000
$ 8,300,000
The Digital Radio Upgrade project was previously authorized on June 21,2010 for
issuance of $5.945 million which included both the FY11 and FY12 planned debt
issuance such that a contract for the project could be executed. There is no
additional action required on the Digital Radio Upgrade project. All other projects
outlined above require approval for issuance and total $6.3 million.
In order to provide flexibility to issue the bonds at a discount if market conditions
indicate, the City's financial advisor, Public Financial Management, Inc. (PFM)
recommended a "not to exceed amou nt" of $ 7.0 million for issuance of debt
projects as outlined above.
Recommended Action:
Authorize the scheduling of a public hearing at City Council's regular 7:00 p.m.
meeting on August 1 5, 2011 on the,. issuance of general obligation public
improvement bonds in the amount of $7.0 million for projects as outlined above.
This will entail proper notification of such public hearing on August 1 and August 8.
~-..!,\~
AN H. SHAWVER ---
Director of Finance
Mayor and Members of City Council
July 1 8, 20 1 1
Page 2
Distribution: Council Appointed Officers
Rita D. Bishop, Superintendent, RCPS
Cu rtis Baker, Deputy Su perintendent for Operations, RCPS
2
MINUTES
Audit Committee of Roanoke City Council
Location: Council Conference Room
Noel C. Taylor Municipal Building, Room 451 South
Date: June 1, 2011
Time: 4:00 p.m. to 5:22 p.m.
Attendees: Sherman Lea, Audit Committee Chair
David Trinkle Audit Committee Member
Court Rosen, Audit Committee Member
Anita Price, Council Member
Drew Harmon, Municipal Auditor
Dawn Hope Mullins, Assistant Municipal Auditor
Pam Mosdell, Information Systems Auditor
Debbie Noble, Senior Auditor
Ann Clark, Senior Auditor
Octavian Reeves, Senior Auditor
William Hackworth, City Attorney
Ann Shawver, Director of Finance
Chris Morrill, City Manager
Brian Townsend, Assistant City Manager for Community Development
Sherman Stovall, Assistant City Manager for Operations
Jane Conlin, Director of Human Services/Social Services
Gerry Jennings, CSAlFAPT Coordinator
Rodney Hubbard, Director 23-A Court Service Unit
Angela Hodnett, Human Services Business Administrator
Margaret Lindsey, RCPS
Mason Adams, Roanoke Times Reporter
Rebecca Barnett, Roanoke Times Photographer
Valerie Garner, Independent Reporter
Call to Order:
Mr. Lea called the meeting to order at 4:00 p.m. He noted that Mayor Bowers had wanted to
attend the meeting, but was representing a client in Roanoke County Court this afternoon and
may be late or not able to attend. Mr. Lea, Dr. Trinkle, and Mr. Rosen were in attendance.
Mr. Lea asked Mr. Harmon to present the audit reports.
Page 1 of 5
Clerk of the Circuit Court:
This is an annual audit required by the Virginia Auditor of Public Accounts [APA]. The
APA specifies the audit work to be performed. The Municipal Auditing department
performs part of the audit in lieu of the city paying an audit fee. The scope of the audit
work performed by Municipal Auditing this year included civil cases, deeds, wills, and
trust funds. There were no findings noted by Municipal Auditing, nor by the APA. Both
reports were provided to the Committee for their review.
The Committee had no questions and the reports were received and filed.
Police Cash Funds:
This is an annual audit conducted in support of the Police Department's accreditation
requirements. Based on the accreditation requirements, the scope of the audit was
reduced to cover only the cash funds managed directly by the Police Department,
including federal forfeiture funds. Municipal Auditing historically audited most of the
fees assessed by the Police Department, as well as cash and property inventoried in
the property room. Municipal Auditing decided that these funds should be audited on a
less frequent basis going forward, given the limited funds involved and level of effort
required to audit them. There were no audit findings in this report.
The Committee had no questions and the report was received and filed.
Comprehensive Services Act:
Mr. Harmon began by explaining that this audit had the narrow objective of determining
if community-based services that were billed to the City were actually provided to the
children involved. Children who were detained at the Juvenile Detention Center were
identified for testing on the premise that service providers could not have seen the
children on days the children were detained. The audit proved vendors had billed for
services they did not provide.
Mr. Harmon stressed that the audit was not designed to evaluate the processes
involved in administering the CSA program. However, testing did require reviewing
case files and vendor contracts, as well as interviewing case workers and vendors. This
enabled Auditing to identify opportunities for strengthening processes.
Mr. Harmon noted that CSA continues to depend primarily on paper records, as
opposed to electronic medical records that the health system is working towards. This
paper-based information is difficult to share and process, making it more challenging for
agencies to have a complete picture of the services provided to a child and the child's
progress.
Page 2 of 5
Mr. Lea asked that Committee members hold their questions until after the City
Manager's presentation on CSA.
Mr. Morrill provided a printed slide show to members of the Committee that provided an
overview of the CSA program and the administration's efforts to improve the program.
He discussed the structure of the CSA program locally and provided an overview of the
process. Mr. Morrill provided information about the number of children served and the
amounts expended on various services, as well as the improvements made since 2009.
He noted that the Department of Social Services has improved its processes using a six
sigma approach and that employees have been empowered to stop the payment
process whenever they have questions or concerns about an invoice.
At the end of the presentation, Mr. Morrill noted that the City was one of three (3)
localities to volunteer for a Quality Services Review from the Virginia Department of
Social Services. The review was performed by the Virginia Department of Social
Services May 16, 2011, through May 20, 2011. The full report is expected to be
received within 60 days.
Mr. Morrill asked that the Committee consider conducting a follow up audit on the CSA
findings soon to verify progress has been made and to help support continued
improvements.
Mr. Lea recognized Dr. Trinkle for comments.
Dr. Trinkle acknowledged the challenges in managing mental health services for
children and agreed with the need to have electronic medical records. Ms. Conlin
responded that confidentiality requirements present barriers to sharing information,
noting that medical records of adolescents are even confidential from their parents. Mr.
Harmon noted that the Harmony system was purchased in 2003 to address data issues
and enable better case management and utilization review. The system has not been
adequately developed to realize its full potential.
Dr. Trinkle asked about the source of referrals to CSA. Ms. Conlin responded that they
can be court ordered, or referred by one of the participating agencies.
Dr. Trinkle asked if the vendor serving on the Roanoke Interagency Council was
implicated in this audit. Ms. Conlin stated that the vendor was not implicated.
Dr. Trinkle asked how vendors are paid when the child doesn't keep an appointment.
Ms. Conlin stated that the vendor should only bill for the hour used going to the
appointment.
Dr. Trinkle noted that children are sometimes eligible for services funded from more
than one source and asked if this had been audited. Mr. Harmon stated that other
sources of funds were not included in this audit.
Page 3 of 5
Mr. Rosen asked what has been done to improve the meaningfulness of the mentoring
services being provided. Ms. Conlin stated that there is a best practices committee
working on improved standards for mentoring that will specify the type of information to
be provided by vendors in their reports. She also noted that vendors are being required
to provide greater detail about the services provided when presenting cases at the
Family Assessment and Planning Team [FAPT] meetings.
Mr. Rosen asked Mr. Morrill where Roanoke CSA ranks on a scale from 1 to 10, if the
goal is 10. Mr. Morrill responded that any city would probably never rate a 10 as there
are always improvements that can be made. He thought Roanoke would rate a 7 or 8
on such a scale. Mr. Morrill noted that the quality service review from the State should
inform the City about areas in which it needs to focus and improve.
Mr. Rosen was troubled by the fact that 26% of the invoices tested included billings for
services not provided. He expressed skepticism that this number of billing errors could
be unintentional. He asked if this could be tested further to determine the extent of the
problem. Mr. Harmon responded that it was difficult to prove services were not
provided. He stated that a statistical sample might be possible, but that it would require
interviewing a significant number of parents, guardians and children in order to
determine if services were provided as billed. Mr. Morrill noted that the bulk of CSA
expenditures are in foster care and suggested that all services might need to be
included if testing were conducted.
Mr. Lea emphasized his concern with the percentage of errors noted and the fact that
an entire month was billed in error.
Mr. Rosen asked if the Commonwealth Attorney's office had been consulted. Mr.
Harmon stated that a copy of the report was provided to the Commonwealth's Attorney
and that he would contact him to discuss it. Mr. Harmon noted that the Virginia Office of
Comprehensive Services had been in contact with him. The State plans to offer audit
firms training on CSA and has invited local government auditors to attend. Mr. Rosen
supported performing the follow-up audit as soon as practical.
Dr. Trinkle asked if there were any penalties assessed to the vendors involved. Ms.
Conlin stated that no penalties were assessed but noted that vendors would be required
to refund the amounts in question.
Mr. Lea referred the Committee to page six (6) of the report, under the "Vendor A"
section, and asked how an invoice was paid when it was marked "do not pay." Ms.
Hodnett responded that the invoices appeared to be complete, having all the required
signatures and information, and that the remark not to pay was on the lower part of the
invoice and was overlooked. Mr. Harmon stated that the auditor asked the staff person
involved about the "do not pay" remarks on the invoices and was told a supervisor
instructed her to pay them. Based on various conversations with the people involved,
the auditor concluded that the supervisor was shown the invoice and did instruct that it
be paid.
Page 4 of 5
Mr. Lea stated that the City has to assure the public that mistakes of this kind will not
occur again. The culture and mindset that allowed this to happen must be gone.
Community services are important and we cannot allow issues of this type to scar the
good work being done in community services. Mr. Lea stated he felt encouraged by the
attention being given to this issue by City management. He noted the importance of
conducting audits to help ensure issues of this type don't occur.
Ms. Price expressed her appreciation for everyone's efforts in addressing the issues
raised with community-based services. Ms. Price noted that these were important
issues and that they must first be acknowledged in order to then address them.
Ms. Price asked if background checks will now be required in the standard contract.
Ms. Conlin responded that yes, they would be required.
Ms. Prices referred to page 11 if the report discussing issues with daily and weekly
progress notes. Ms. Conlin responded that those issues have been addressed with the
vendor. Ms. Price expressed her concern that daily and weekly progress notes are
important and should be documented.
Ms. Price asked how collaboration could be improved among all service providers in the
area. She noted that mentoring does not have to provided through CSA.
There being no further comments or questions, the report was received and filed.
Call for other Business Requiring the Committee's Attention:
None noted.
Adjournment:
Mr. Lea thanked the Committee for their participation. The meeting adjourned at 5:22
p.m.
tN--w
Drew Harmon, CPA, CIA
Municipal Auditor
Audit Committee Secretary
Page 5 of 5
MINUTES
Audit Committee of Roanoke City Council
Location: Council Conference Room
Noel C. Taylor Municipal Building, Room 451 South
Date: June 6, 2011
Time: 1: 14 p.m. to 1:47 p.m.
Attendees: David Bowers, Mayor
David Trinkle, Audit Committee Member
Court Rosen, Audit Committee Member
Ray Ferris, City Council Member
Anita Price, City Council Member
William Bestpitch, City Council Member
Drew Harmon, Municipal Auditor
Dawn Hope Mullins, Assistant Municipal Auditor
Pam Mosdell, Information Systems Auditor
Debbie Noble, Senior Auditor
Octavian Reeves, Senior Auditor
William Hackworth, City Attorney
Ann Shawver, Director of Finance
Chris Morrill, City Manager
Brian Townsend, Assistant City Manager for Community Development
Melinda Mayo, Public Information Officer
Mason Adams, Roanoke Times
Tim Conner, Partner, KPMG
Denise Martin, Senior Manager, KPMG
Call to Order:
Dr. Trinkle called the meeting to order at 1 :14 pm. He noted that Mr. Lea was unable to attend
and had asked that Dr. Trinkle chair the meeting. Dr. Trinkle, Mr. Rosen, and Mayor Bowers
were in attendance.
Dr. Trinkle asked Mr. Conner to proceed with his presentation of the KPMG audit plan.
KPMG - Audit Plan for Year Ended June 30, 2011:
Mr. Conner began the presentation by briefing the Committee on the FY2011 audit
engagement team, which will includes staff from both the Roanoke and Richmond offices. He
then discussed KPMG's audit responsibilities, including their consideration of internal controls
in the context of opining on the financial statements.
Mr. Rosen asked if there would any benefit in obtaining a separate opinion on internal controls.
Mr. Conner replied that he did not know the number of governments that have requested an
opinion on internal control Mr. Harmon commented that the benefit would depend on the
scope and objectives for the audit. Mr. Conner commented that entities without internal
auditing departments would probably receive the greater value from this type of engagement.
Mr. Conner reviewed the entities subject to audit which include the City of Roanoke, the
Greater Roanoke Transit Company [GRTC], and the City of Roanoke Pension Plan. KPMG is
not auditing either Roanoke City Public Schools or Civic Facilities. KPMG will reference the
opinions of those firms engaged to review these two entities.
The engagement timetable was reviewed by Ms. Martin. Audit planning began in April the
audit is expected to be completed in late November. She also reviewed KPMG's multi-faceted
audit approach and discussed their electronic audit program.
Significant audit areas were discussed by Mr. Conner, including the audit requirements under
A-133 Single Audit. KPMG uses a five step approach to this audit, which includes testing
compliance with program requirements. Approximately 11 programs are expected to meet the
criteria for being included in this year's audit. The City is designated as a high-risk auditee and
50 percent of its grant expenditures must be subjected to single audit procedures. Ms.
Shawver asked whether this will be the last year of being classified as high-risk. Mr. Conner
responded that the City will be categorized as such through FY2012.
A new accounting pronouncement, Governmental Accounting Standards Board, Statement 54,
will affect the Fiscal Year 2011 financial statement presentation. The standard requires
changes in the presentation and characterization of fund-based statements. Ms. Shawver and
Mr. Morrill are both knowledgeable on the subject. Ms. Shawver reported that there will be a
short briefing later this summer to educate Council Members on expected changes.
Mr. Conner completed his review of the audit plan and invited the Audit Committee to contact
him and Ms. Martin should they have any questions or concerns about the annual audit.
Dr. Trinkle asked if there were any questions or comments. There were none. The item was
received and filed with no objections.
Adjournment:
Dr. Trinkle thanked the Committee for their participation. There being no other business for
the Committee, the meeting adjourned at 1 :47 pm.
D
Drew Harmon, CPA, CIA
Municipal Auditor
Audit Committee Secretary
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'
JONATHAN E. CRAFT
Deputy City Clerk
STEPHANIE M. MOON, MMC
City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
July 19, 2011
Harold Wallick, Chair
Towing Advisory Board
Roanoke, Virginia
Dear Mr. Wallick:
This is to advise you that Jeffrey Robertson has qualified as a member of the Towing
Advisory Board for a term of office ending October 31, 2013.
, Sincerely,
JOnatha~
Deputy City Clerk
JEC:ctw
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Jeffrey Robertson, do solemnly affirm that 1 will support the
Constitution of the United States of America and the Constitution of the
Commonwealth of Virginia, and that I will faithfully and impartially discharge
and perform all the duties incumbent upon me as a member of the Towing
Advisory Board for a term of office ending October 31, 2013, according to the
best of my ability (So help me G d).
BRENDA S>>ILTON, CLERK OF THE IRCUIT COURT
BY ~ ,c~
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, MMC
City Clerk
July 19, 2011
Landon Howard, Executive Director
Roanoke Valley Convention and Visitors Bureau
101 Shenandoah Avenue, S. W.
Roanoke, Virginia 24016
Dear Mr. Howard:
JONATHAN E. CRAFT
Deputy City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
This is to advise you that Ssunny Shah has qualified as a City representative of the
Roanoke Valley Convention and Visitors Bureau, Board of Directors for a one-year term of
office ending June 30, 2012.
Sincerely,
,~
Jonathan E. Craft .
Deputy City Clerk
JEC:ctw
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Ssunny Shah, do solemnly swear that J will support the Constitution of the
United States of America and the Constitution of the Commonwealth of Virginia, and
that I will faithfully and impartially discharge and perform all the duties incumbent upon
me as a City representative of the Roanoke Valley Convention and Visitors Bureau,
Board of Directors for a one year term of office ending June 30, 2012, according to the
best of my ability. So help me God.
~~
Ssunny Shah
The fOregOi~th of offi
Shah this 1!!- day of
en, sworn to, and subscribed before me by Ssunny
By
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, MMC
City Clerk
Cindy H. Poulton, Clerk
Roanoke City School Board
P. O. Box 13145
Roanoke, Virginia 24031
Dear Ms. Poulton:
.
July 19, 2011.
JONATHAN E. CRAFT
Deputy City Clerk
CECELlA T. WEBB
Assistant Deputy City Clerk
This will advise that David B. Carson and Lori E. Vaught have qualified as
Trustees of the Roanoke City School Board for terms of three-years, each,
commencing July 1,2011 and ending June 30,2014.
Sincerely,
fQ
Jonathan E. Craft
Deputy City Clerk
Printed On 07/11/2611 By 'CLER1<ErOFF'l~E"-".'. '.- ..~-.. ... .
..lJ
..&1,..
Oath or Affirmation of Office
rm-
Commonwealth of Virginia, City of Roanoke, to-wit:
I, David B. Carson, do solemnly affirm that I will support the
Constitution of the United States of America and the Constitution of the
Commonwealth of Virginia, and that I will faithfully and impartially discharge
and perform all the duties incumbent upon me as a Trustee of the Roanoke
City School Board, for a term of three years commencing July 1, 2011, and
ending June 30,2014, according to the best of my ability. "
'3-tt- day of~,
Subscribed and sworn to before. me this
2011.
...----_._._h~ ". . ....... .......
Printed On 07/11/201.:' By CLERK"i; 'oFFicE'. ... .-
..u
".1111I'
Oath or Affirmation of Office
1706
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Lori E. Vaught, do solemnly affirm that I will support the Constitution of
the United States of America and the Constitution of the Commonwealth of
Virginia, and that I will faithfully and impartially discharge and perform all the
duties incumbent upon me as a Trustee of the Roanoke City School Board, for
a term of three years commencing July 1, 2011, and ending June 30, 2014,
according to the best of my ability.
4i{i~
Subscribed and sworn to before me this L"day of J~A.IZ-; 2011.
t.i&~-~_
JuClge, Twenty hird Judicial Circuit
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, MMC
City Clerk
July 19, 2011
Cindy H. Poulton, Clerk
Roanoke City School Board
P. O. Box 13145
Roanoke, Virginia 24031
Dear Ms. Poulton:
JONATHAN E. CRAFT
Deputy City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
This will advise that Richard Willis, Jr., has qualified as a Trustee of the Roanoke
City School Board to fill the unexpired term of Jason E. Bingham, commencing
July 5, 2011 and ending June 30, 2012.
Jonathan E. ~
Deputy City Clerk
Oath or Affirmation of Office
Commonwealth of Virginia, City.of Roanoke, to-wit:
I, Richard Willis, Jr., do solemnly swear that I will support the Constitution of the
United States of America and the Constitution of the Common~ealth of Virginia, and
that I will faithfully and impartially discharge and perform all the duties incumbent upon
me as a Trustee of the Roanoke City School Board to fill the unexpired term of Jason E.
Bingham commencing July 5, 2011 and ending June 30, 2012, a?cording to the best of
my ability. So help me God.
~
The foregoing oath of office was taken, sworn to, and subscribed before me by Richard
Willis, Jr., this //tlrday of ~2011.
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
JONATHAN E. CRAFf
Deputy City Clerk
STEPHANIE M. MOON, MMC
City Clerk
CECELlA T. WEBB
Assistant Deputy City Clerk
July 19, 2011
Glenda S. Edwards, Executive Director
Roanoke Redevelopment and Housing Authority
2624 Salem Turnpike, N. W.
Roanoke, Virginia 24017
Dear Ms. Edwards:
This is to advise that Daniel Karnes has qualified as a Commissioner of the
Roanoke Redevelopment and Housing Authority for a four-year term of office
ending August 31,2015.
Sincerely,
.~
Jonathan E. Craft
Deputy City Clerk
JEC:ctw
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Daniel Karnes, do solemnly swear that I will support the Constitution of the
United States of America and the Constitution of the Commonwealth of Virginia, and that I
will faithfully and impartially discharge and perform all the duties incumbent upon me as a
Commissioner of the Roanoke Redevelopment and Housing Authority for a four-year term
of office ending August 31,2015, according to the best of my ability. So help me God.
The foregoing oath of office was taken, sworn to, and subscribed before me by Daniel
Karnes this /i2'f? day o*- 2011.
Brenda S. Hamilton, Clerk of the Circuit Court
~C<
CITY OF ROANOKE
I
OFFICE OF THE CITY CLERK
215 Church Avenu~, S. W., Suite 456
Roanoke, Virgi.rla 24011-1536
I
Telephone: (540) 853-2541
Fax: (540):853-1145
E-mail: c1erk@roanokeva.gov
STEPHANIE M. MOON, MMC
City Clerk
July 19, 2011
Lavern L. Grigsby
General Registrar
Roanoke, Virginia
Dear Ms. Grigsby:
JONATHAN E. CRAFT
Deputy City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
I am enclosing copies of Ordinance Nos. 39160-071811,39161-071811,39162-071811
changing the polling places for Precincts #001 Highland #1, #009 Tinker, and #014
Williamson Road #5, to Roanoke Scottish Rite Building, East Gate Church of the
Nazarene Worship Center, and Veteran~ of Foreign Wars - VFW Post #1264,
respectively.
The abovereferenced measures were adopted by the Council of the City of Roanoke at
a regular meeting held on Monday, July 18,1 2011, and are in full force and effect upon
their passage.
Sincerely,
Jonathan E. Cra
Deputy City Clerk
Enclosure
pc:
Municipal Code Corporation, P. O. Box 2235, Tallahassee, Florida 32316
Christopher P. Morrill, City Manager
William M. Hackworth, City Attorney
-.I"'~
"
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 18th day of July, 2011.
No. 39160-071811.
AN ORDINANCE amending and reordaining Sec. 10-18, Same--Voting place, Code of the
City of Roanoke (1979), as amended, to provide for the permanent relocation of the polling location for
/'
the Highland Precinct No.1; and dispensing with the second reading by title of this ordinance.
WHEREAS, the Jefferson Center, Room 105,541 Luck Avenue, S.W., is the regular polling
place for the Highland Precinct No.1;
WHEREAS, the polling place no longer meets the required standards set by the Americans
With Disabilities Act and can no longer be used as a polling site;
WHEREAS, by Resolution dated April 5, 2011, the Roanoke City Electoral Board has
recommended the permanent relocation of the polling place for the Highland Precinct No.1, to the
Roanoke Scottish Rite Building, 622 Campbell Avenue, S.W., Roanoke, Virginia, such polling place
being located within such precinct as required by ~24.2-31 0, Code of Virginia (1950), as amended; and
WHEREAS, the Electoral Board will give notice of this change in polling place by mail to all
registered voters in the Highland Precinct No.1, at least fifteen (15) days prior to an elections, and
public notice of such change, pursuant to ~24.2-306, Code of Virginia (1950), as amended.
NOW, THEREFORE, BE IT ORDAINED by th~ Council of the City of Roanoke as follows:
1. The following section of the Code of the City of Roanoke (1979), as amended, is hereby
amended and reordained to read and provide as follows:
910-18. Same - Voting place.
The voting place in Highland Precinct No.1 shall be at No. 550 on the south
side of Campbell A'v'enuc, S. W.; bet'Neon 5th Street, S. V/., and 6th Stroot, S.W.
The voting place in Highland Precinct No.1 shall be the Roanoke Scottish Rite
Building, 622 Campbell Avenue, S. W
2. The City Clerk is directed to forward attested copies of this ordinance to Lavern Grigsby,
General Registrar, so that notice of this change in polling place can be mailed to all registered voters of
Highland Precinct No.1, and to the Chief, Voting Section, Civil Rights Division, United States
Department of Justice for preclearance.
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:
City Clerk.
i
~..
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 18th day of July, 2011.
No. 39161-071811.
AN ORDINANCE amending and reordaining Sec. 10-28, Same-- Voting place, Code of the
City of Roanoke (1979), as amended, to provide for the permanent relocation of the polling location for
the Tinker Precinct; and dispensing with the second reading by title of this ordinance.
WHEREAS, Fire Station No. 14, 1061 Mecca Street, N.E., is the regular polling place for the
Tinker Precinct;
WHEREAS, the polling place is no longer adequate in size for the purpose of voting and can no
longer be used as a polling site;
WHEREAS, by Resolution dated April 5, 2011, the Roanoke City Electoral Board has
recommended the permanent relocation of the polling place for the Tinker Precinct, to East Gate
Church of the Nazarene Worship Center, 2002 East Gate Avenue, N .E., Roanoke, Virginia, such polling
place being located within such precinct as required by ~24.2-310, Code of Virginia (1950), as ,
amended; and
WHEREAS, the Electoral Board will give notice of this change in polling place by mail to all
registered voters in the Tinker Precinct No. 009, at least fifteen (15) days prior to all elections, and
public notice of such change, pursuant to ~24.2-306, Code of Virginia (1950), as amended.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The following section of the Code of the City of Roanoke (1979), as amended, is hereby
amended and reordained to read and provide as follows:
910-28. Same - Voting place.
The ';oting place in Tinker Precinct shall be No. 11 Fire Station, located at 1061
Mecca Street, N. E.
The voting place in Tinker Precinct shall be East Gate Church of the Nazarene
Worship Center, 2002 East Gate Avenue, HE.
2. The City Clerk is directed to forward attested copies of this ordinance to Lavern Grigsby,
General Registrar, so that notice of this change in polling place can be mailed to all registered voters of
Tinker Precinct, and to the Chief, Voting Section, Civil Rights Division, United States Department of
Justice for preclearance.
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:
City Clerk.
;
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 18th day of July, 2011.
No. 39162-071811.
AN ORDINANCE amending and reordaining Sec. 10-38, Same--Voting place. Code of the
City of Roanoke (1979), as amended, to provide for the permanent relocation of the polling location for
the Williamson Road Precinct No.5; and dispensing with the second reading by title of this ordinance.
WHEREAS, Huff Lane Intermediate School, 4412 Huff Lane, N.W., is the regular polling
place for the Williamson Road Precinct No.5;
WHEREAS, the facility within which the polling place is located has been closed, and the City
of Roanoke is seeking proposals for purchase and/or development of the property, therefore, the location
can no longer be used as a polling site;
WHEREAS, by Resolution dated April 5, 2011, the Roanoke City Electoral Board has
recommended the permanent relocation of the polling place for the Williamson Road Precinct No.5, to
Veterans of Foreign Wars - VFW Post #1264,4930 Grandview Avenue, N.W., Roanoke, Virginia,
such polling place being located within such pre"cinct as required by S24.2-310, Code of Virginia
(1950), as amended; and
WHEREAS, the Electoral Board will give notice ofthis change in polling place by mail to all
registered voters in the Williamson Road Precinct No.5, at least fifteen (15) days prior to all elections,
and public notice of such change, pursuant to S24.2-306, Code of Virginia (1950), as amended.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The following section of the Code ofthe City of Roanoke (1979), as amended, is hereby
amended and reordained to read and provide as follows:
~10-38. Same - Voting place.
The voting place in Williamson Road Procinct No.5 shall be established in Huff
Lane Elementary School, located ''vest of Huff Lane, N. Vl.
The voting place in Williamson Road Precinct No. 5 shall be Veterans of
Foreign Wars - VFW Post #1264,4930 Grandview Avenue, N W.
2. The City Clerk is directed to forward attested copies of this ordinance to Lavern Grigsby,
General Registrar, so that notice of this change in polling place can be mailed to all registered voters of
Williamson Road Precinct No. 014, and to the Chief, Voting Section, Civil Rights Division, United
States Department of Justice for preclearance.
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:
t!~
City Clerk.
GENERAL REGISTRAR
Lavern L. Grigsby, Registrar
215 Church Avenue, SW, Room 109
Roanoke, Virginia 24011
540.853.2281 fax: 540.853.1025
MEMORANDUM
To: Ms. Stephanie Moon, City Clerk, City of Roanoke
Mr. William Hackworth, City Attorney, City of Roanoke
Mr. Christopher Morrill, City Manager, City of Roanoke
L~
From: Ms. Lavern Grigsby, General Registrar, City of Roanoke (via)
Mr. Floyd Gordon Hancock, Secretary, City of Roanoke Electoral Board
Date: July 12,2011
Subject: Relocation of polling sites for the following:
#001, Highland #1 - The Jefferson Center, Room 105
#009, Tinker - Fire Station #014
#014, Williamson Road #5 - Huff Lane Intermediate School
On Tuesday, AprilS, 2011, the Roanoke City Electoral Board met and unanimously agreed
to seek approval to move the above fore mentioned precincts for all future elections as a
General Elections will be held on Tuesday, November 8, 2011.
(See resolution attached)
Section 24.2-306, requires a minimum of 60 days for pre-clearance by the Department
of Justice. The Roanoke City Electoral Board is requesting consideration for expedited
approval.
Section 24.2-306, also states that notice of any adopted change in any election district,
town, precinct, or polling place shall be mailed to all registered voters whose election
district, town, precinct or polling site is changed at least 15 days prior."
In light of 20 1 0 redistricting, expedited approval is requested and asking for consideration
to allow State Board of Elections and our locality to meet plans in two phases of voter card
printing and mailings affected by redistricting. Phase One is underway, however; the City
of Roanoke will not be a result of this change for the August 23, 2011 Republican Primary.
The City of Roanoke will be affected by redistricting changes for the November 8, 2011
General Election, therefore, we respectfully request to plan our (House of Delegate) district
and polling site relocation changes collectively with The State Board of Elections.
Page 2
Continued
Subject: Polling Site Relocations
The required sixty day response from Department of Justice could potentially result in the
printing and mailing of multiple voter card information for our voters affected by these
changes. Consequ~ntly this can cause great anguish and confusion for our voters.
Therefore, the City of Roanoke Electoral Board and the General Registrar would greatly
appreciate expedited approval to meet our redistricting changes and State Board of
Elections Phase Two time frame of printing of voter cards set for mid October in order to
arrive in time for the November 8, 2011 General Election and to meet Section 24.2-306
polling site change mailings 15 days prior to the November8, 2011 General Election.
The Roanoke City Electoral Board Member, Secretary, Floyd Gordon Hancock has
requested this matter be brought before City Council at the July 18,2011 public meeting.
The appropriate notifications have been forwarded to the City Attorney, Mr. William
Hackworth for submission to Department of Justice requesting approval.
Thank you for your cooperation and consideration to this matter and should you have any
questions, please do not hesitate to contact me at (540) 853-1037.
llg/fgh
cc: Mr. Robert Townsend, Assistant City Manager for Community Development
Mr. Sherman Stovall, Assistant City Manager, Operations
RESOLUTION
CITY OF ROANOKE ELECTORAL BOARD
The City of Roanoke Electoral Board met on Tuesday, April 5, 2011, and voted unanimously
to seek Department of Justice expedited approval to relocate the following precincts listed
below as a General Election will be held on Tuesday, November 8, 2011.
The City of Roanoke Electoral Board has decided to seek relocation where as Precinct 00 I,
known as Highland # 1, Jefferson Center, no longer meets the required standards set by the
Americans With Disabilities (in terms of parking) and should not be considered as a polling
facility. Therefore, the City of Roanoke Electoral Board is requesting expedited approval to
move:
Change:
From: The Jefferson Center, Room 105
541 Luck Avenue SW
Roanoke, Virginia 24016
Permanent
To: Roanoke Scottish Rite Building
622 Campbell Avenue, SW
Roanoke, Virginia 24016
The City of Roanoke Electoral Board has decided to seek relocation where as Precinct 009,
known as Tinker, Fire Station No.14, is no longer adequate in size for the purposes of
voting and should no longer be considered usable as a polling facility. Therefore, the City
of Roanoke Electoral Board is requesting expedited approval to move:
Change:
From: Fire Station No. 14
1061 Mecca Street, NE
Roanoke, Virginia 24012
Permanent:
To:
East Gate Church of the Nazarene Worship Center
2002 East Gate Avenue, NE
Roanoke, Virginia 24012
The General Registrar received notification where as Precinct 014, known as Williamson
Road #5, Huff Lane Intermediate School has closed and where as the City of Roanoke is
currently seeking proposals for purchase and/or redevelopment of property and should no
longer be considered being used as a polling facility. Therefore, the City of Roanoke
Electoral Board is requesting expedited approval to move:
Change:
From: Huff Lane Intermediate School
4412 Huff Lane, NW
Roanoke, Virginia 24012
Permanent
To: Veterans of Foreign Wars - VFW Post #1264
4930 Grandview Avenue, NW
Roanoke, Virginia 24012
Page 2
Continued
The City of Roanoke Electoral Board has decided it is in the best interest of the voters to
move the polling sites of the fore mentioned precincts to approved facilities listed that are
able to meet the needs of the voters and better suited to meet the guidelines of the Americans
with Disabilities Act.
All noted polling sites are within the precinct lines and boundaries. Permission has been
granted by Mr. Marc Davis, Community Action Specialist with Blue Ridge Independent
Living who has completed all ADA surveys to authorize it's compliance with current ADA
standards. The City Attorney will be asked to prepare submission for Justice Department
Approval.
. '1' ..1. / Ii /,
~ltlft;l ~,{"'OJ'" n.::<4I(.Oc/t,.-
.
Floyd Gordon Hancock, Secretary
City of Roanoke Electoral Board
April 5, 2011
BOARD OF DIRECTORS
David I. Tenzer
Clwir
Susan 1'. Frantz
Vice Chair
Burman S. Clark
Secrefanj
Philip B. Nelson
Treasurer
Thomas R. Bagby
Jason E, Bailey
Bryant F. Cass
Gary Gilmore
Bruce Houghton
Ann Bondurant Trinkle
Kenneth R. White
Direc/ors Emeritus
Warner Dalhouse
Class o{ 1952*
Helen Fitzpatrick
Heidi Krisch
Tvler Pugh
, AIIII/IIli of le(fersoll High Selmol
Cyrus E. Pace
ExeClltil'e Directnr
Entertaining ideas and audiences
July 14,2011
Mayor David A. Bowers
Vice Mayor David B. Trinkle
The Honorable William D. Bestpitch
The Honorable Raphael G. Ferris
The Honorable Sherman P. Lea
The Honorable Anita J. Price
The Honorable Court G. Rosen
City of Roanoke
215 Church Ave., Room 456
Roanoke, VA 24011-1594
Dear Members of Roanoke City Council,
Jefferson Center Foundation's annual presentation to Roanoke. City Council is
a welcome tradition. It is an opportunity to remind our Board of Directors and
staff of the sense of stewardship that is part of the city's lease with us of a
cherished historic landmark, the former Jefferson Senior High School.
The presentatiori by Executive Director Cyrus E. Pace at your meeting next
Monday afternoon will include a brief video showcasing Sisters of the Circle,
one of our most successful education programs. It is evidence that Jefferson
Center makes a positive impact on the community.
This packet contains facts and figures about the fiscal year completed on June
30. More positive impacts are apparent, making it clear that your investment
in Jefferson Center helps make Roanoke a more livable and viable
community.
Thank you for your support of Jefferson Center.
Sincerely,
V;~
John Levin
Director of Development
541 Luck Avenue SW. Suite 221 . Roanoke, Virginia 24016
P: 540.343.2624 . F: 540.343.3744 . Box Office: 540.345.2550 . www.jeffcenter.org
Jefferson Center Foundation is a 501 (c)3 nonprofit corporation
CITY OF ROANOKE
CITY COUNCIL
215 Church Avenue, S.w.
Noel C, Taylor Municipal Building, Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
. Fax: (540) 853-1145
Council Members
William D. Bestpitch
Raphael E. "Ray" Ferris
Sherman P. Lea
Anita J. Price
Court G. Rosen
David B. Trinkle
DAVID A. BOWERS
Mayor
July 18, 2011
The Honorable Mayor and Members
of Roanoke City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of Council:
We jointly sponsor a request of David I. Tenzer, Chairman, Jefferson Center
Foundation, Board of Directors, regarding accomplishments in the year ending
June 30, 2011 and plans for the new season at the regular meeting of City
Council to be held on Monday, July 18, 2011, at 2:00 p.m.
Sincerely,
1J~
avid B. Trinkle
Vice-Mayor
1d4~/). ~f.?d-
William D. Bestpitch
Council Member
DBT/WDB:ctw
CITY OF ROANOKE
CITY COUNCIL
215 Church Avenue, S.W,
Noel C. Taylor Municipal Building, Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
DAVID A. BOWERS
Mayor
July 18, 2011
The Honorable Mayor and Members
of Roanoke City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of Council:
Council Members
William D. Bestpitch
Raphael E, "Ray" Ferris
Sherman p, Lea
Anita J. Price
Court G. Rosen
David B. Trinkle
We jointly sponsor a request of Ron McCorkle, Chair, Roanoke Neighborhood
Advocates, to update the Council on its current activities at the regular meeting of
City Council to be held on Monday, July 18, 2011, at 2:00 p.m.
Sincerely,
~~
Court G. Rosen
Council Member
~~~
Council Member
CGR/REF:ctw
The Current State of the Roanoke Neighborhood Advocates
Committee (RNA)
Members of City Council and City Manager, over the past 6 months, the RNA has been undergoing a
process of self review and re visioning. We have more clearly identified our role as being 5 main
categories:
A Relationship Building
A Development Grant Administration
A Education
A Event and Workshop Sponsors
A Fund Raising
These categories meet all of our goals as stated in the resolution passed June 16,2003
Some specific projects that we're currently working on are:
Development of the RNA website
www.roanokeneighborhoods.org
Creating a Neighborhood Resource Kit
With information on capacity building for neighborhood organizations, contact points for various
issues, how to write grants and even how to create a newsletter and web site, we intend to draw heavily
on the resources that already exist in established Roanoke neighborhood groups and the Roanoke City
Leadership College, which the Office of Neighborhood Services provides each year.
Creating a Digital Newsletter and Web Site
Using current and professional software, we can provide information to thousands of neighbors,
showing resources, links and neighborhood histories.
RNA and City Partnerships
Several months ago, neighborhood leaders advised the RNA of an ongoing issue that was adversely
affecting the appearance of their neighborhoods. This issue was in regard with the placement and
storage of the blue containers after they were serviced. The RNA requested and met with the Director
of Public Works, City Attorneys' Office and Solid Waste departments. Together we sat at the table and
drafted an enhanced definition regarding the placement of these containers after they were serviced
which resulted in a change being made to our city code that you voted for last month. The RNA thanks
each of you for helping to make this happen. Now, big blue containers are no longer allowed on the
front porch of homes, which we think will significantly improve the appearance of our neighborhoods.
This is just one example of how partnerships between our neighborhoods, the RNA and city
departments can help change the face of our neighborhoods....and in turn...the face of our City....for the
face of our City IS a direct reflection of the face of our neighborhoods. We look forward to future
partnerships with City departments such as Solid Waste and Code Enforcement to help discover
effective ways to educate our neighbors about our codes.
Event Sponsorship
In partnership with city departments, VA Tech, and other organizations, these learning and networking
events will be useful for neighborhoods in various ways.
Branding and Marketing the RNA
After receiving training at several NUSA and VA Statewide Neighborhood Conferences, several of us
are committed to branding and marketing the RNA, allowing our neighborhoods to recognize and reach
us. We thing that when the RNA markets it's mission and services, the citizens of Roanoke will benefit
tremendously. We'll also be able to share our knowledge with neighborhood groups.
Summary
Four years ago, when I first moved to my house in Southeast Roanoke, I wanted to get involved.
Honestly, I felt like my neighborhood was run down, I thought the crime was high, and I thought the
people who lived around me didn't care about cleanliness. I really hoped that I could take care of a
few things that I thought were "no brainers". I joined my local neighborhood organization, went to the
City Leadership College, taught by the Office of Neighborhood Services, joined a committee (RNA)
and went to trainings with neighborhood development grant money.
I continue to want to help with what I thought were "no brainers". I now realize that they are not all so
easy. I understand that a lot of the issues citizens get upset about are based on generations of
misunderstandings, under representation, disempowerment, and lack of being heard. When I realize
this, I feel empowered and confident and I think that if we can continue to bring about peace in our
neighborhoods, the "no brainer" issues will start to dissolve away.
The RNA's work is neighborhood-based. It's about connecting people; it's about getting citizens
involved; it's about re-building "community". The RNA is committed to continuing our dialogues with
you. The RNA will also continue to build partnerships with the City in an effort to engage our
neighborhoods and bridge communication barriers that, while present for generations, we believe can
still be crossed which will strengthen our neighborhoods....and our City.
Thanks for your time.
Ron McCorkle
Chairperson
Roanoke Neighborhood Advocates
~)9- (,
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of July, 2011.
No. 39163-071811.
A RESOLUTION authorizing acceptance of the Edward Byrne Memorial Justice
Assistance Grant from the Virginia Department of Criminal Justice Services, and authorizing
execution of any required documentation on behalf ofthe City.
BE IT RESOLVED by the Council ofthe City of Roanoke as follows:
1. The City of Roanoke does hereby accept from the Virginia Department of
Criminal Justice Services, the Edward Byrne Memorial Justice Assistance Grant in the amount of
$48,748, with a local match required from the City in the amount of$3,882, for a total amount of
$52,630, for the term beginning July 1, 2011 through June 30,2012, to be used for an Intensive
Supervision Juvenile Probation Program. Such grant is more particularly described in the report
ofthe City Manager to Council dated July 18, 2011.
2. The City Manager is hereby authorized to execute and file, on behalf of the City,
any documents necessary to accept 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 in connection with the City's acceptance of this grant.
ATTEST:
. ?,~J-.
i'1/TV City cl::7 r
R-Edward Byrne Memorial Justice Assistance Grant.lntensive Supervision Juvenile Probation. 7-18-20l1.doc
cf3
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of July, 2011.
No. 39164-071811.
AN ORDINANCE to appropriate funding from the Federal government through
the Commonwealth of Virginia for the Roanoke Intensive Supervision Juvenile
Probation Program, an Edward Byrne Memorial Justice Assistance Grant, amending
and reordaining certain sections of the 2011-2012 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 2011-2012 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Appropriations
Regular Wages
Retirement
FICA
Health Insurance
Dental Insurance
Life Insurance
Disability Insurance
Cellular Telephone
Administrative Supplies
Local Mileage
Revenues
Intensive Supervision Grant FY12 - State
Intensive Supervision Grant FY12 - Local
35-630-4998-1002
35-630-4998-1105
35-630-4998-1120
35-630-4998-1125
35-630-4998-1126
35-630-4998-1130
35-630-4998-1131
35-630-4998-2021
35-630-4998-2030
35-630-4998-2046
35-630-4998-4998
35-630-4998-4999
$ 36,030
6,499
2,756
5,040
312
296
101
600
446
550
48,748
3,882
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 COUNCil AGENDA REPORT
To:
Meeting:
Subject:
Honorable Mayor and Members of City Council
July 18, 2011
Acceptance of Continuation Funding of Edward Byrne Memorial
Justice Assistance Grant OAG) Funding-Intensive Supervision
Juvenile Probation Program
Background:
The Virginia Department of Criminal Justice Services has awarded the City of
Roanoke continuation federal funding from the Edward Byrne Memorial Justice
Assistance Grant program for an Intensive Supervision Juvenile Probation
Program for the second consecutive year. The amount of the grant is
$48,748.00 for a one year term beginning July 1, 2011. The grant requires a
local match of $3,882.00. The local match is available and will be transferred
from the Grant Matching Fund account (35-300-9700-5415). The Intensive
Supervision Juvenile Probation Program is operated by the City of Roanoke
Human Services Department, Juvenile Justice Services Division with a
cooperative supervision agreement with the 23-A Court Service Unit (CSU). The
funding provides for one Specialized Probation Officer to handle an intensive
caseload of high risk youth with drug trafficking offenses.
The focus of this program is to reduce recidivism of non-violent offenders and
improve the outcomes of youth in aftercare and reentry. The program uses the
"Intensive Supervision Juvenile Probation" evidence-based strategy from the
Office of Juvenile Justice and Delinquency Prevention (OJJDP) Model Programs
Guide. The program has four intensive program phases designed to provide
assessment and supervision, counseling, community service and reparation,
and preparation for the youth's independent functioning in the community.
Considerations:
Services for this specialized population of juvenile offenders will continue
uninterrupted as they progress through program phases. More frequent and
intensive probation supervision and intervention leads to the goals of reduction
of number of youth with drug trafficking offenses, prevents recidivism, and
diverts juvenile offenders from more serious crimes that can lead to
incarceration. In the program's first year, no youth participating in the program
have been charged with new drug offenses.
Recommended Action:
Adopt a resolution accepting the Edward Byrne Memorial Justice Assistance
Grant funding from the Virginia Department of Criminal Justice Services Grant
# 1 2-B21 34AD09 for the Intensive Supervision Juvenile Probation Program.
Authorize the City Manager to execute 'any forms required by the Virginia
Department of Criminal Justice Services in order to accept these funds; such
documents to be approved as to form by the City Attorney.
Adopt the accompanying budget ordinance to establish revenue estimates for
Federal grant funds of $48,748.00. Transfer funding in the amount of
$3,882.00 from the Grant Matching Account fund (35-300-9700-5415).
Appropriate funding in the amount of $52,630.00 to expenditure accounts to
be established by the Director of Finance as detailed in Attachment A.
RISTOPHER P. MORRILL
City Manager
Distribution: Council Appointed Officers
Brian Townsend, Assistant City Manager for Community Development
Jane R. Conlin, Director of Human and Social Services
Carol W. Tuning, Human Services Coordinator
2
Attachment A
Edward Byrne Memorial Justice Assistance Grant - Intensive Supervision Juvenile
Probation Program
2011-2012 Account Set-up Transactions
Account No. . Description Amount
Federal Revenue-2010/2011 Byrne JAG $48,748.00
grant # 12-B2134AD09
Local Revenue - Transfer from Grant $3,882.00
Matching Account Fund (35-300-9700-
5415 )
Total revenue $52,630.00
Expenditures:
35-630-5002-1002 Regular Salaries $36,030.00
35-630-5002-1105 Retirement $6,499.00
35-630-5002-1120 FICA $2,756.00
35-630-5002-1125 Health $5,040.00
35-630-5002-1126 Dental $312.00
35-630-5002-1130 Life $296.00
35-630-5002-1131 Long term disability $101.00
35-630-5002-2021 Telephone Cellular $600.00
35-630-5002-2030 Administrative Supplies $446.00
35-630-5002-2046 Local Mileage $550.00
Total Expenditures $52,630.00
q~
IN THE COUNCIL OFTHE CITY OF ROANOKE, VIRGINIA
The 18th day of July, 2011.
No. 39165-071811.
AN ORDINANCE to de-appropriate funding from the Signal and ITS Improvement
project, amending and reordaining certain sections of the 2011-2012 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 2011-2012 Capital Projects Fund Appropriations be, and the same are
hereby, amended and reordained to read and provide as follows:
Appropriations
Appropriated from State Grant
Funds
08-530-9833-9007
$ ( 69,437 )
Revenues
VDOT - Signal & ITS Improvements 08-530-9833-9915
( 69,437 )
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 COUNCIL AGENDA REPORT
To:
Meeting:
Su bject:
Honorable Mayor and Members of City Council
July 18, 2011
VDOT Project Funding
Signal & ITS Improvements
Background:
In FY 2005 and FY 2006, City Council appropriated funds from the Virginia
Department of Transportation for a VDOT-funded, locally administered project
entitled "Signal and ITS Improvements. In FY 2005, Council appropriated an
initial $543,000. In FY 2006, Council appropriated an additional $579,000 for
a total appropriation of $1 ,1 22,000.
These funds were used to reconstruct traffic signals at the intersections of
Orange Avenue and Williamson Road and Orange Avenue and Kimball Ave.j
Plantation Road. In addition, new traffic signal equipment to include controllers
and cabinets, video deteCtion equipment, communication equipment, and LED
signal heads were purchased and installed.
Considerations:
The project has been finalized. All contractor payments have been made and
the City has been reimbursed for its costs by VDOT. The final project cost was
$1,052,563.15. As such, the initial revenue estimates and appropriations need
to be reduced to reflect actual project costs. This action will permit the account
to be closed.
Recommended Action:
Adopt the accompanying budget ordinance to reduce the revenue estimate for
this project by $69,437 and "de-appropriate" state grant funds in the same
amount from project account 08-530-9833-9007, entitled "Signal & ITS
Improvements."
ISTOPHER P. MORRILL
City Manager
Distribution: Council Appointed Officers
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
JONATHAN E. CRAFT
Deputy City Clerk
STEPHANIE M. MOON, MMC
City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
July 19, 2011
Susan M. Keith
Employer Representative Program Manager
Virginia Retirement System
P.O. Box 2500
Richmond, Virginia 23219
Dear Ms. Keith:
I am enclosing copy of Resolution No. 39166-071811 confirming the City of Roanoke's
irrevocable election not to participate in the Commonwealth of Virginia's Line of Duty Act
Fund.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, July 18, 2011.
Jonathan E. Craft
Deputy City Clerk
Enclosure
pc: Christopher P. Morrill, City Manager
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
'"
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 18th day of July, 2011.
No. 39166-071811.
A RESOLUTION confirming the City of Roanoke's irrevocable election not to participate in
the Commonwealth of Virginia's Line of Duty Act Fund.
WHEREAS, pursuant to Item 258 of the Appropriations Act, paragraph B, the Virginia
General Assembly has established the Line of D':lty Act Fund (the "Fund") for the payment of
benefits prescribed by and administered under the Line of Duty Act (Va. Code 9 9.1-400 et seq.);
WHEREAS, for purposes of administration of the Fund, a political subdivision with covered
employees may make an irrevocable election on or before July 1, 2012, to be deemed a
nonparticipating employer fully responsible for self-funding all benefits relating to its past and
present covered employees under the Line of Duty Act from its own funds; and
WHEREAS, it is the intent of the City of Roanoke to make this irrevocable election to be a
nonparticipating employer with respect to the Fund;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that:
1. The City of Roanoke hereby elects to be deemed a non-participating employer fully
responsible for self-funding all benefits relating to its past and present covered employees under the
Line of Duty Act from its own funds.
2. Qualified'employees of the City's Fir~/EMS Department, Police Department, and the
Sheriffs Department, to the best of the knowledge of the City, constitute the population of its past
and present covered employees under the Line of Duty Act.
3. As a non-participating employer, the City of Roanoke agrees that it will be
responsible for, and reimburse the State Comptroller for, all Line of Duty Act benefit payments
(relating to existing, pending or prospective claims) approved and made by the State Comptroller
K:\MEASURES\OPT OUT LINE OF DUTY FUND 2011.DOC
on behalf of the City on or after July 1,2010.
4. As a non-participating employer, the City of Roanoke agrees that it will reimburse
the State Comptroller an amount representing reasonable costs incurred and associated, directly
and indirectly, with the administration, management and investment of the Fund.
5. The City of Roanoke shall reimburse the State Comptroller on no more than a
monthly basis from documentation provided to it from the State Comptroller.
6. The City Clerk is directed to send attested copies of this Resolution to Susan M.
Keith, Employer Representative Program Manager, Virginia Retirement System, P. O. Box 2500,
Richmond, Virginia 23219, with copies to the City Manager and Director of Finance.
ATTEST:
K:\MEASURES\OPT OUT LINE OF DUTY FUND 2011.DOC
CITY COUNCIL AGENDA REPORT
To:
Meeting:
Su bject:
Honorable Mayor and Members of City Council
July 18, 2011
Line of Duty Act
Backgrou nd:
The Line of Duty Act (LODA) was established by the General Assembly to
provide death and continuing health insurance benefits to surviving
dependents of public safety personnel killed in the line of duty. LODA also
provides continuing health insurance benefits for those same personnel and
their dependents who become disabled as a result of their job.
In its 2010 session, the Virginia General Assembly shifted the cost of this
Commonwealth mandated benefit to local governments as one of its budget
balancing strategies. This unfunded mandate to local government became
effective July 1, 2010.
The Comptroller and the Department of Accounts (DOA) will continue to
administer the benefits and make eligibility determinations. The Virginia
General Assembly has established the Line of Duty Act Fund for the payment
of benefits prescribed by and administered under the Line of Duty Act (Va.
Code 99.1-400 et seq.).
All localities are deemed to be a participant in the Fund unless they adopt a
VRS resolution to opt out of the Fund. Localities must enact the VRS opt-out
resolution on or before July 1,2012. An election to opt out of the LODA Fund
prior to the start of fiscal year 2012 Uu Iy 1 , 2011) requ ires the resolution be
passed with an effective date of Ju Iy 1, 2011 , and sent to VRS no later than
July 3 1 , 20 1 1 .
Considerations:
The estimated cost for the City to participate in the LODA Fund next fiscal
year is $171,000. There are still a number of unknown factors relating to how
the fund will operate and future participation. costs. :It is anticipated that the
cost to participants will increase significantly over time. Our analysis
indicates it will be more cost effective for the City to self-fund the benefits by
either creating a fund or purchasing insurance to cover expenses for current
and future benefits. The option chosen to fund LODA has will have no impact
on the benefit provided to eligible pu blic safety employees and their families.
Mayor and Members of City Council
July 1 8, 20 1 1
Page 2
Recommended Action:
Adopt the accompanying resolution making the irrevocable election to be
deemed a non-participating employer of the Line of Duty Fund, acknowledging
responsibility for all current and future LODA claims incurred by eligible
employees and administrative fees as invoiced by the State Comptroller.
~\f,J~.
ANN H. SHAWVER
Director of Finance
Distribution:
Honorable Octavia L. Johnson, Sheriff
Council Appointed Officers
H. David Hoback, Chief of Fire and EMS
Amelia C. Merchant, Director of Management and Budget
Christopher C. Perkins, Chief of Police
Susan K. Keith, Virginia Retirement System
July 18, 2011
The Honorable David Bowers, Mayor
and Members of Roanoke City Council
Roanoke, VA 24011
Dear Members of Council:
As a result of official School Board action on July 12, 2011, the Board
respectfully requests City Council approve the following appropriations:
New Appropriations
Career and Technical Education Equipment 2011-12
Industry Certification and Licensure Testing 2011-12
Math Specialist Expansion Grant with VCU 2011-12
Revised Appropriation
Title I-A 2009-10
Total New Award
$13,221
8,065
90,000
Additional Award
$13,462
The School Board thanks you for your approval of the appropriation
requests as submitted.
Sincerely,
~-t\.~~
Cindy ~. Poulton, Clerk
pc: William M. Hackworth
Chris Morrill
Ann Shawver
David B. Carson
Rita D. Bishop
Curt Baker
Margaret Lindsey
Acquenatta Harris (w / details)
p: 540-853-2381 f: 540-853-2951 P.O. Box 13145 Roanoke, VA 24031 www.rcps.info
'Ll
ROANOKE CITY
PUBLIC SCHOOLS
Strong Students. Strong Schools. Strong City.
School Board
David B. Carson
Chairman
Todd A. Putney
Vice Chairman
Mae G. Huff
Annette Lewis
Suzanne P. Moore
Lori E. Vaught
Richard Willis
Dr. Rita D. Bishop
Superintendent
Cindy H. Poulton
Clerk of the Board
CITY COUNCIL AGENDA REPORT
To:
Meeting:
Su bject:
Honorable Mayor and Members of City Council
July 18, 2011
School Board Appropriation Requests
Background:
As the result of official School Board action at its July 12th meeting, the Board
respectfully requested-that City Council appropriate funding as outlined in this
report.
The 2011-12 Career and Technical Education Equipment grant of $13,221
provides funding is to purchase equipment through state allocation. The grant
will be fully reimbursed by state funds and will end May 31,2012.
The 2011-12 Industry Certification Examinations, Licensure Testing, and
Occupational Competency Assessments allocation provides $8,065 for the
reimbursement of costs associated with student credentialing. The
reimbursement is restricted to industry certification exams, licensure tests or
occupational competency assessments that have been approved by the Board of
Education for the student-selected verified credit option. The program will be
fully reimbursed by state funds and will end May 31, 2012.
The 2011-12 Math Specialist Expansion Research grant with VCU will provide to
Roanoke City Public Schools $90,000 of salary and benefits for three math
specialist positions, one each at Garden City, Fishburn Park and Monterey
Elementary Schools for the 2011-12 school year. Funding is provided through a
subaward from a research grant awarded to Virginia Commonwealth University by
the National Science Foundation to study the expansion of the K-5 math specialist
program into rural school systems. This program builds on a successful NSF-
funded Math and Science Partnership program that developed a collaborative
Masters degree program for K-5 math specialists in Virginia. The grant-funded
portion of personnel expenses for the three math specialist positions will be fully
reimbursed by federal funds. This program will end July 31,2012.
The Title I-A 2009-1 0 grant will use federal fu nds of $1 3,462 to provide remedial
reading, language arts and mathematics instruction for students in targeted
schools. This is an additional allocation announced by the Virginia Department of
Education on June 24, 2011. The program will be fully reimbursed by federal
funds and will end September 30, 2011.
Mayor and Members of City Council
July 1 8, 20 1 1
Page 2
Recommended Action:
We recommend that you concurwith this report of the School Board and adopt the
attached budget ordinance to establish a revenue estimate and to appropriate
funding as outlined.
~vJ~
. ANN H. SHAWVER
Director of Finance
Distribution: Council Appointed Officers
Rita D. Bishop, Superintendent, RCPS
Curtis Baker, Deputy Superintendent for Operations, RCPS
2
July 18, 2011
The Honorable David Bowers, Mayor
and Members of Roanoke City Council
Roanoke, VA 24011
Dear Members of Council:
As a result of official School Board action on July 12, 2011, the Board
respectfully requests City Council approve the following appropriations:
New Capital Appropriations
Preston Park Gymnasium
Patrick Henry Baseball Facility
Highland Park HVAC
Grandin Court Plumbing
Total New Award
S 900,000
200,000
1,500,000
400,000
The Board requests to transfer funding from the Capital Improvement
Reserve for the Preston Park Gymnasium and Patrick Henry Baseball
Facility. The Highland Park HVAC and Grandin Court plumbing projects
are being funded by the Capital Improvement Plan allocation previously
approved by City Council.
The School Board thanks you for your approval of the capital
appropriation requests as submitted.
Sincerely,
~..p~
Cindy H)Poulton, Clerk
pc: William M. Hackworth
Chris Morrill
Ann Shawver
David B. Carson
Rita D. Bishop
Curt Baker
Margaret Lindsey
Acquenatta Harris (w / details)
p: 540-853-2381 f: 540-853-2951 P.O. Box 13145 Roanoke, VA 24031 www.rcps.info
1lfj[)\J
~LI
ROANOKE CITY
PUBLIC SCHOOLS
Strong Students. Strong Schools, Strong City.
School Board
David B. Carson
Chairman
Todd A. Putney
Vice Chairman
Mae G. Huff
Annette Lewis
Suzanne P. Moore
Lori E. Vaught
Richard Willis
Dr. Rita D. Bishop
Superintendent
Cindy H. Poulton
Clerk ,of the Board
CITY COUNCIL AGENDA REPORT
To:
Meeting:
Su bject:
Honorable Mayor and Members of City Council
July 18, 2011
School Board Capital Project Appropriation and Transfer Request
Background:
As the result of official School Board action at its July 12th meeting, the Board
respectfully requested that City Council approve the following projects and
appropriate and transfer funding as outlined in this report.
The Preston Park Gymnasium project will be constructed to replace a modular
classroom that is in very poor condition as well as add a classroom, and a
gymnasium. The gymnasium is being constructed in order to comply with the
Equity policy that states that all schools will have their own gymnasium.
The Patrick Henry Baseball facility is the only high school sports facility in the City
that has not been renovated or newly constructed. The renovation will include
leveling the field, installing an instant irrigation system, sod installation, restoring
the infield, restoring the outfield track, and improving fencing.
The School Board requests an appropriation and transfer totaling $1 ,100,000 from
the Reserve for Economic and Community Development as well as various existing
School Capital Accounts to an account to be established in the School Capital
Projects Fund entitled Preston Park Gymnasium in the amount of $900,000 and to
an account to be entitled Patrick Henry Baseball Facility in the amount of $200,000.
Recommended Action:
We recommend that you concurwith this report of the School Board and adopt the
attached budget ordinance to appropriate and transfer funding as outlined.
1Qi[J~0~~
ANN H. SHAWVER ---
Director of Finance
Distribution: Cou ncil Appointed Officers
Rita D. Bishop, Superintendent, RCPS
Curtis Baker, Deputy Superintendent for Operations, RCPS
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
JONATHAN E. CRAFT
Deputy City Clerk
STEPHANIE M. MOON, MMC
City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
July 19, 2011
Ann H. Shawver
Director of Finance
Roanoke, Virginia
Dear Ms. Shawver:
I am enclosing copy of Budget Ordinance No~ 39152-071811, as amended,
appropriating funding from the United States Department of Homeland Security (DHS)
through the Commonwealth of Virginia Department of Emergency Management (VDEM)
for the purchase of Hazardous Material Team equipment and training, amending and
reordaining certain sections of the 2011-2012 Grant Fund Appropriations.
The abovereferenced measure was adopted on its first reading by the Council of the
City of Roanoke at a regular meeting held on Monday, July 5, 2011, and also adopted
on its second and final reading on Monday, July 18, 2011, and is in full force and effect
upon its passage.
Sincerely,
Jonathan E. C aft
Deputy City Clerk
Enclosure
pc: Christopher P. Morrill, City Manager
William M. Hackworth, City Attorney
~~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of July, 2011.
No. 39152-07181l.
AN ORDINANCE appropriating funding from the United States Department of
Homeland Security (DHS) through the Commonwealth of Virginia Department of
Emergency Management (VDEM) for the purchase of Hazardous Material Team equipment
and training, amending and reordaining certain sections of the 2011-2012 Grant Fund
Appropriations.
BE IT ORDAINED by the Council of the City of Roanoke that the following
sections of the 2011-2012 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Appropriations
Expendable Equipment
Training and Development
Other Equipment
Revenues
SHS Haz Mat Team Equipment FY11
35-520-3535-2035
35-520-3535-2044
35-520-3535-9015
$ 7,500
2,704
19,796
35-520-3535-3535
30,000
, ATTEST:
~~
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
JONATHAN E. CRAFT
Deputy City Clerk
STEPHANIE M. MOON, MMC
City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
July 19, 2011
Ann H. Shawver
Director of Finance
Roanoke, Virginia
Dear Ms. Shawver:
I am enclosing copy of Budget Ordinance No. 39154-071811, as amended,
appropriating funding from the Federal government for the Summer Food Program,
amending and reordaining certain sections of the 2011-2012 Grant Fund Appropriations.
The abovereferenced mec;isure was adopted on its first reading by the Council of the
City of Roanoke at a regular meeting held on Monday, July 5, 2011, and also adopted
on its second and final reading on Monday, July 18, 2011, and is in full force and effect
upon its passage.
Sincerely,
onathan E~~
Deputy City Clerk
Enclosure
pc: Christopher P. Morrill, City Manager
William M. Hackworth, City Attorney
~~
The 18th day of July, 2011.
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
No. 39154-071811.
AN ORDINANCE to appropriate funding from the Federal government for the
Summer Food Program, amending and reordaining certain sections of the 2011-2012
Grant Fund Appropriations.
BE IT ORDAINED by the Council of the City of Roanoke that certain sections
of the 2011-2012 Grant Fund Appropriations be, and the same are hereby, amended
and reordained to read and provide as follows:
Appropriations
Program Activities
Revenues
Summer Food Program FY12
35-620-5272-2066
$ 175,000
35-620-5272-5272
175,000
.t~
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: cler k@roanokeva.gov
JONATHAN E. CRAFT
Deputy City Clerk
STEPHANIE M. MOON, MMC
City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
July 19, 2011
William M. Hackworth
City Attorney
Roanoke, Virginia
Dear Mr. Hackworth:
I am enclosing copy of Ordinance No. 39157-071811, as amended, amending and
reordaining Section 21-81, Discharge of air gun. gravel shooter. oneumatic gun. etc., of
Chapter 21, Offenses - Miscellaneous, Code of the City of Roanoke (1979), as
amended.
The abovereferenced measure was adopted on its first reading by the Council of the
City of Roanoke at a regular meeting held on Monday, July 5, 2011, and also adopted
on its second and final reading on Monday, July 18, 2011, and is in full force and effect
upon its passage.
Sincerely,
. ~/ sf-
Jonathan E. ~ C/
Deputy City Clerk
Enclosure
pc: Municipal Code Corporation, P. O. Box 2235, "Tallahassee, Florida ~2316
The Honorable Brenda ,S. Hamilton, Clerk, Circuit Court
Ronald S. Albright, Clerk, General District Court
David C. Wells, Clerk, Juvenile and Domestic Relations District Court
Chief Magistrate, Office of the Magistrate
Law Librarian
Christopher P. Morrill, City Manager
Ann H. Shawver, Director of Finance
~~~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of July, 2011.
No. 39157-071811.
AN ORDINANCE amending and reordaining Section 21-81, Discharge of air gun. gravel
shooter. pneumatic gun. etc., of Chapter 21, Offenses - Miscellaneous, Code of the City of Roanoke
(1979), as amended.
. BE IT ORDAINED by the Council of the City of Roanoke that:
Section 21-81, Discharge of air gun. gravel shooter. pneumatic gun. etc., of Chapter 21,
Offenses - Miscellaneous, Code of the City of Roanoke (1979), as amended, is hereby amended and
reordained to read and provide as follows:
~21-81. Discharge of air gun. gravel shooter. pneumatic gun. etc.
(a) Any person who shall, anywhere within the city, discharge shot,
stones, gravel, bullets or any similar thing from a gravel shooter, air gun,
pneumatic gun or other similar implement shall be guilty of a Class 4
misdemeanor, unless otherwise permitted by this section;
(b) Subsection (a) shall not prohibit the use of a pneumatic gun at a facility
approved for'shooting ranges, or on or within private property with permission of
the owner or legal possessor thereof when conducted with reasonable care to
prevent a projectile from crossing the bounds of the property.
(c) Subsection (a) shall not prohibit the establislunent of commercial or
private areas designated for use of paintball guns for recreational use in
accordance with all applicable requirements. Equipment designed to protect
the face and ears shall be provided to participants at such recreational areas,
and signs shall be posted to warn against entry into the paintball area by
persons who are unprotected ot UIiawareth&tpaintball guns are in use.
(d) As used in this section, the term, "pneumatic gun" means any
implement, designed as a gun, that will expel a BB or a pellet by action of
pneumatic pressure. The term "pneumatic gun" includes a paintball gun that
expels by action of pneumatic pressure plastic balls filled with paint for the
purpose of marking the point of impact.
K:\Measures\Code Amendment Section 21-81 B air gun gravel shooter pneumatic gun.doc
(e) All uses of a pneumatic gun otherwise allowed under this section by a
minor below the age of sixteen (16) years shall be under the supervision of a
parent, guardian, or other adult supervision approved by the minor's parent or
guardian.
(f) All minors, when permitted by a parent or guardian to use a
pneumatic gun, shall be responsible for obeying all laws, regulations, and
restrictions governing such use.
(g) The training of minors in the use of pneumatic guns shall be done
only under direct supervision of a parent, guardian, or a certified instructor.
Training of minors above the age of sixteen (16) may also be done without
direct supervision if approved by the minor's instructor, with the permission of
and under the responsibility of a parent or guardian, and in compliance with
all requirements of this section. Instructors may be certified by the National
Rifle Association, a state or federal agency that has developed a certification
program, any service of the Department of Defense, the Junior Reserve
Officer Training Corps, American Legion, 4-H, the Civilian Marksmanship
Program, Boy or Girl Scouts, USA Shooting, and similar groups approved by
the Chief of Police, or any person authorized by these entities to certify
instructors.
(h) All training and shooting shall take place either indoors at a range
deemed safe for such use by the minor's certified instructor, or outdoors at a
facility meeting the requirements of subsection (b) above.
ATTEST:
K:\Measures\Code Amendment Section 21-81 B air gun gravel shooter pneumatic gun.doc
CITY OF ROANOKE
CITY COUNCIL
215 Church Avenue, S.w.
Noel C. Taylor Municipal Building, Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
Council Members
William D. Bestpitch
Raphael E, "Ray" Ferris
Sherman P. Lea
Anita J. Price
Court G. Rosen
David B. Trinkle
DAVID A. BOWERS
Mayor
July 18, 2011
The Honorable Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of Council:
This is to advise you that I will not be present at the 7:00 p.m. session of Council on
Monday, July 18, 2011. Best wishes for a successful meeting.
Sincerely,
~~
Anita J. Price
Council Member
/ctw
0/1 ~ola6on
Sabra Ann Bonds Bratton
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The18th day of July, 2011.
No. 39169-071811.
A RESOLUTION memorializing the late Sabra Ann Bonds Bratton,
beloved employee of the City of Roanoke.
WHEREAS, the members of Council learned with sorrow of the
passing of Sabra Bratton on Saturday, July 2,2011;
WHEREAS, Ms. Bratton was born September 21, 1952, grew up in
Roanoke and attended Roanoke City Public Schools, and graduated from
Lucy Addison High School;
WHEREAS, Ms. Bratton had a 39-year career with the City's
Department of Human and Social Services that spanned four mayors and
five city managers;
WHEREAS, Ms. Bratton began as a case worker aide in June of
1972 and worked her way up through several positions in the human
services area, including food stamp authorization case worker, senior
eligibility worker, and eventually eligibility supervisor in 1994, which
remained her role until this year;
WHEREAS, Ms. Bratton was a guiding influence and enthusiastic
advocate for many in her department (and even beyond), being the first to
encourage praise for her employees' accomplishments, while never
seeking it for herself, nurturing her employees' talents, and even when
there was conflict always focusing on what was best for the department;
WHEREAS, Ms. Bratton was also the official party planner for the
social services department, treating every retirement celebration, wedding
reception, employee appreciation day, or other noteworthy occasion as if it
were for her own family;
WHEREAS, Ms. Bratton's co-workers speak virtually with one voice
about her honesty, integrity, dignity, intelligence, supportiveness, fairness,
diligence, leadership, and compassion;
WHEREAS, Ms. Bratton would regularly go above and beyond the
call of duty in service to the people of Roanoke, whether working overtime
to ensure that her department had implemented a new state procedure by
the deadline, or staying after hours in order to meet with a client whose
family might go hungry if she didn't;
WHEREAS, Ms. Bratton's frank recollections of her personal
experiences as a child of the Civil Rights Era helped raise awareness
among those who knew her about the social conditions for African
Americans in the Commonwealth;
WHEREAS, Ms. Bratton was a member of Greater Mount Zion
Baptist Church, but also felt called to assist smaller church organizations,
to aid new ministries and build worship centers throughout the City, all
with the goal of helping the less fortunate;
WHEREAS, Ms. Bratton would also volunteer her time when other
community needs arose, as evidenced by her assistance in helping the Red
Cross set up a well-functioning flood shelter operation at the Roanoke
Civic Center and working with displaced citizens throughout the night;
WHEREAS, for all the time and energy she gave to others, Ms.
Bratton was utterly devoted to her sons K. C. and Duke, who join with
many extendedfamily members in cherishing her memory; and
WHEREAS, Ms. Bratton, whose lifelong calling to serve others
earned her the nickname "Sister Sabra," will be deeply missed not just by
her relatives, but her co-workers at the City, her loving friends, her church
family, and the countless citizens in need whose lives she touched.
THEREFORE, BE IT RESOLVED by the Council of the City of
Roanoke that:
1. Council adopts this resolution as a means of recording its deepest
regret and sorrow at the passing of Sabra Ann Bonds Bratton, and extends
to her family its sincerest condolences.
2. The City Clerk is directed to forward an attested copy of this
resolution to Ms. Bratton's sons, Kelvin Curtis "K.C." Bratton of
Roanoke, Virginia, and Lloyd Daniel "Duke" Bratton, of Acworth,
Georgia.
APPROVED
David A. Bowers
Mayor
CITY COUNCIL AGENDA REPORT
To:
Meeting:
Su bject:
Honorable Mayor and Members of City Council
July 18, 2011
Tax Exemption Request - Kuumba Community Health & Wellness
Center, Inc., d/b/a New Horizons Healthcare
Background:
Kuumba Community Health & Wellness Center, Inc., d/b/a New Horizons
Healthcare, a Virginia, non-stock, not for profit corporation, owns certain
personal property located at 4910 Valley View Boulevard, N. W., Suite 310,
Roanoke. The organization desires the property to be designated as exempt
from personal property taxes pursuant to the provisions of the Code of Virginia.
The organization provides primary healthcare that is affordable, high quality,
comprehensive in scope, and culturally sensitive to the citizens of Roanoke. Its
healthcare services are offered on a sliding fee scale to those at or below 200%
of the federal poverty level. Annual personal property taxes in the current year
are $2,1 51 on an assessed value of $62,351. It should be noted that in
November 2005 the organization requested from and was granted by City
Council an exemption on its real estate taxes on property it owns on Melrose
Avenue, N. W., Roanoke.
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. Based on this policy and procedure, Kuumba Community
Health and Wellness Center, Inc., has provided the necessary information
required for applications for exemptions that would take effect January 1,2012.
As noted above, the assessed value of the personal property at 4910 Valley
View Boulevard, N. W., Suite 310 is currently $62,351 with annual taxes due of
$2,151. Consequently, the City would be foregoing the personal property tax
revenue from the organization going forward.
Previously, in 2005, Commissioner of the Revenue, Sherman Holland, had
determined that Kuumba Community Health and Wellness Center, Inc. is not
exempt from paying taxes by classification or designation under the Code of
Virginia. The IRS recognizes the organization as a 501 (c)(3) tax-exempt
organization.
Notification of a public hearing to be held July 18, 2011, was duly advertised in
the Roanoke Times.
Recommended Action:
Authorize Kuumba Community Health and Wellness Center, Inc.'s exemption
from personal property taxation pursuant to Article X, Section 6 (a) 6' of the
Constitution of Virginia, effective January 1 , 2012.
CHRISTOPHE P. MORRILL
City Manager
Distribution: Honorable Sherman A. Holland, Commissioner of the Revenue
Honorable Evelyn W. Powers, City Treasurer
Council Appointed Officers
R. Brian Townsend, Assistant City Manager for Community Development
Sherman M. Stovall, Assistant City Manager for Operations
Amelia C. Merchant, Director of Management and Budget
Eileen G. Lepro, MPH, Executive Director, New Horizons Healthcare,
4910 Valley View Boulevard, N. W., Suite 310, Roanoke, VA 24012
2
The Roanoke Times
Roanoke, Virginia
Affidavit of publication
The Roanoke Times
--------------------------------------------------+------------------------
KUUMBA COMMUNITY HEALTH AND WELLNESS C
EXECUTIVE DIRECTOR
EILEEN G. LEPRO, MPH
ROANOKE VA 24012
Notary Public
.. ----,
NOnCE OF PUBLIC /1
HEARING
, I
, Notice is hereby given that'
the City ,Council ot the City:
lot Roanoke .will hold ai
I public hearing at its regular!
meeting to be held on
July18, 2011, commencing
at 7:00 p,m., In the Council
Chambers, 4th Floor, Noel
C. Taylor Municipal 8ulldlng,
i215 Church Avenue, S,W.,
Roanoke, Virginia on the
question ot adoption ot an
ordinance pursuant to
~58,1-3651, Code ot,
Virginia (1950), as
; J amended, approving the
.' request ot the Kuumba
" Community Health &
/wellness Center, Inc" d/b/a
New Horizons Healthcare
Itor designation ot its
jPerSonal property, located
at 491.0 Valley View
80ulevard, NW, Suite 310,
Roanoke, .Virginia, to be
exempt trom taxation.
The total assessed value
ot the applicant's personal
property tor tax year
2010/2011 is $62,351.00,
with a total personal
property tax assessment ot
$2,151,11 tor the
2010/2011 tax year,
Citizens shall have the'
opportunity to be heard and ;
, express their opinions on
I this matter, :
It you are a person with a .
I disability who needs
accommodations tor this
publiC hearing, contact the
: City Clerk's Ottice,
853-2541, by 12:00 noon
: on Thursday, July 14, 2011, ,
GIVEN under my hand this
. 5th day ot July, 2011.
Stephanie Moon, City Clerk
(12699904)
REFERENCE: 80179653
12699904
NPH-Kuumba Wellness
State of Virginia
City of Roanoke
I, (the undersigned) an authori zed representa ti 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
__~1~day of JULY 2011. Witness my hand and
official seal.
PUBLISHED ON:
07/08
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TOTAL COST:
FILED ON:
184.08
07/11/11
--------------------------------------------------+------------------------
Billing Services Representative
~,,~
NOTICE OF PUBLIC HEARING
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 Julyl8, 2011, 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 S58.1-3651, Code of Virginia
(1950), as amended, approving the request of the Kuumba Community Health & Wellness Center,
Inc., d/b/a New Horizons Healthcare for designation of its personal property, located at 4910 Valley
View Boulevard, NW, Suite 310, Roanoke, Virginia, to be exempt from taxation.
The total assessed value of the applicant's personal property for tax year 2010/2011 IS
$62,351.00, with a total personal property tax assessment of$2,151.11 for the 2010/2011 tax year.
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, July 14,2011.
GIVEN under my hand this 5th day of July ,2011.
Stephanie Moon, City Clerk
K:\MEASURESITAXEXEMPT-KUUMBA WELLNESS PERSONAL PROPERTY PH NOTICE 6 I LDOC
Notice to Publisher:
Publish in the Roanoke Times on Friday, July 8, 2011.
Send affidavit to:
Stephanie M. Moon, MMC,
City Clerk
215 Church Avenue, S. W.,
Room 456
Roanoke, Virginia 24011
(540) 853-2541
Send Bill to:
Eileen G. Lepro, MPH
Executive Director
Kuumba Community Health and Wellness
Center
4910 Valley View Boulevard, Suite 310
Roanoke, Virginia 24012
(540) 362-1788
K:\NOTICES\20 11 VUL YlNI'H-KUUMBA WELLNESS- T AX EXEMI'T,DOC
~
ROANOKE
DEPARTMENT OF MANAGEMENT & BUDGET
Noel C. Taylor Municipal Building
215 Church Avenue, SW, Room 354
Roanoke, Virginia 24011
540.853.6800 fax: 540.853.2773
July 6, 2011
Ms. Eileen G. Lepro, MPH
Executive Di rector
Kuumba Community Health and Wellness Center, Inc., d/b/a New
Horizons Healthcare
4910 Valley View Boulevard, N. W. Suite 310
Roanoke, VA 24012
Dear Ms. Lepro:
Kuumba Community Health and Wellness Center, Inc., d/b/a New
Horizons Healthcare filed a petition in the City Clerk's Office on May 13,
2011 requesting exemption from taxation on personal property located
at 4910 Valley View Boulevard, N. W. Suite 310.
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
Tuesday, July 5, 2011, the Council approved a request of the City
Manager to hold a public hearing on Monday, July 18, 2011, at 7:00 p.m.,
or as soon thereafter as the matter may be heard, to receive citizen
comments on the request. Notices of a public hearing with regard to the
matter will be published in the Roanoke Times. Your organization will be
billed for the amount incurred for publishing the notices.
I am forwarding you a draft copy of a Council Report dated July 18, 2011,
from the City Manager's Office addressed to the Mayor and Members of
City Council regarding the petition. Although we are recommending
authorization for exemption from taxation on the personal property,
please be advised that the final decision with regard to the exemption
rests with City Council. Council will also consider citizen comments from
the public hearing. It is suggested that a representative from the
organization be present at the public hearing on July 18th to respond to
questions that may be raised regarding the petition. The session will be
held in the City Council Chambers, Room 450, fourth floor, Noel C. Taylor
Municipal Building, 215 Church Avenue, S. W.
If you have any questions regarding this information, please feel free to
call me at 540-853-1643.
Sincerely,
R~~~~)
Budget/Management Analyst
Department of Management and Budget
Enclosure
c: /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
JONATHAN E. CRAFT
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
May 1 3; 20 1 1
CECELIA T. WEBB
Assistant Deputy City Clerk
Christopher P. Morrill
City Manager
Roanoke, Virginia
Dear Mr. Morrill:
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 petition, which was filed in the City Clerk's Office on
May. 13,2011, by Kuumba Community Health & Wellness Center, Inc., d/b/a as
New Horizons Healthcare, non-stock, not-for-profit corporation, requesting
exemption from taxation of personal property located at 4910 Valley View
Boulevard, N. W., Suite 310, pursuant to Section 58.1-3651, Code of Virginia
(1950), as amended.
Petitions forwarded by the City Clerk to the City Manager by April 15 for
evaluation and recommendation to City Council will have an effective date of
Ju Iy 1 st. Petitions forwarded by October 15th will have an effective date of
January 1 st.
Sincerely,
~nn, rnb~
Stephanie M. Moon, CMd
City Clerk
SMM:ew
Attachment
K:\Tax ExemptlNew Horizons May 1220 Il.doc
Christopher P. Morrill
May 1 3, 20 1 1
Page 2
pc: Eileen G. Lepro, MPH, Executive Director, New Horizons Healthcare,
4910 Valley View Boulevard, N~ E., Suite 310, Roanoke, Virginia 24012
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\New Horizons May 12 20II.doc
~
NEW, HORIZONS
HEALTHCARE
Solutions for a healthy community.
4910 Valley View Boulevard, NW, Suite 310 Roanoke, VA 24012 (540) 362-0360
FAX (540) 362-1448
May 2,2011
Ms. Stephanie Moon, MMC
Clerk, City of Roanoke
215 Church Avenue, Suite 456
Roanoke, VA 24011
RE: Account # 6-987301509
Dear Ms. Moon,
I am writing to request an exemption from Personal Property Tax for our organization: Kuumba
Community Health & Wellness Center, Inc., doing business as New Horizons Healthcare,
Federal ID # 54-1937-835.
Please note that we had previously qualified and received an exemption from Real Estate Property
Tax in 2005.
Enclosed you will find an inventory of our personal property, a copy of the most recent personal
property statement, and a copy ofthe IRS 501 (c) 3 ruling on our non-profit status.
If you need further information, please feel free to contact my office at (540) 362-1788.
Thank you.
Sincerely,
~n~
Eileen G. Lepro, MPH
Executive Director
BOARD OF DIRECfORS
Dick Robers, Chair Belinda English, Vice Chair
Darlene Bannister Maria Conley
Martin Ham William L. Lee
Tim Steller
Cecil Maria Curtis Otey, Secretary
Daniel D'Oleo
Linda Marins
Vacant, Treasurer
Elaine Fleck
Teresa Parson
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 HONORABLEMA YOR AND MEMBERS OF COUNCIL OF THE CITY OF
ROANOKE:
1 a. Your Petitioner,
a Virginia, non-stock, not fOF-profit corporation owns certain real property,
located at in the City of Roanoke, Virginia,
which property is City of Roanoke Tax Map ID # _ _ " with a total
assessed value of $ and a total of $ 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
(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 acco~dance with the
purpose for which the Petitioner is classified.
(if requesting exemption for personal property, complete section l.b)
1 b. Your Petitioner, 'w.- G"'l \
a Virginia, non-stock, notfor profit corp ation owns certain personal
property, located at ~'O V&<.((~ View IS/vel- in the City of Roanoke,
Virginia, with a total assessed value of $ (~2--1 3~1 and a total of
$ 2.' <;'/. II 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, ofthp Code of Virginia, as
amended, in order that the referenced personal pr6perty, to be used
exclusively for charitable and benevolent purposes in \. (L{ tR ' (<-\
'-L\4- .()...(j IS Cl:: Ie.-' "'- ~ h~'7I'~ 1K-J
:xo reo..\\ i 'v<t, 4v eMS o..Mb
k.u~1.oa.- . \ i"b ~ Q! dclle came.
(Describe proposed use of personal property, if applicable.) or I SLI{OMce_ ~\-v$.
1
be exempt from taxation under the provisions of Article X, Section 6
(a)( 6) of the Constitution of Virginia so long as your Petitioner is operated
not for profit and the property so exempted is used in accordance with the
purpose for which the petitioner is classified.
2. Your Petitioner agrees to pay to the, City of Roanoke, an annual seIVice 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 seIVice district, agrees to pay to the City of
Roanoke an annual seIVice charge equal to the additional seIVice district tax
that would be levied for as long as this exemption continues.
4. Your Petitioner agrees to provide information to the Director of Real Estate
Valuation upon request to allow a triennial review of the tax exempt status of
your Petitioner.
The following questions are submitted for consideration:
1.
(Q): Whether the organization is exempt from taxation
pursuant to Section 501 (c) of the Internal Revenue Code of
1954.
, (A): Your Petitioner was granted exemption from
taxation pursuant to Section 501 (c) of the Internal Revenue
Code of 1954 on 3'"u)J Z3, \999
. (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): AJIA
.2.
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 seIVices which such director, officer or employee
actually renders.
(A): )..)0
4.
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
2
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): AJo
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 4..u-s ~~ ('--'A./l!..,
. (Describe the public service)
ti{~~s ~% <;:t'art~ ~~j ~~e ,,1-d
(Q): Whether a substantial part of the activities of the
organization involves canying on propaganda, or otherwise
attempting to influence legislation and whether the
organization participates in, or intervenes in; any political
campaign on ehalf of any candidate for public office.
(A):
6.
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): ),)0
8.
(Q): Whether there is a significant revenue impact to the
locality and i~~ taxpayers of exempting the property.
(A): ~&
9.
(Q): Any other criteria, facts and circumstances, which
the governing body deems pertinent to the adoption of such
ordinance.
(A): ))/A
(Provideas necessary).
Note: All Tax Exemption Petitions must be filed with the City
Clerk's Office.
3
THEREFORE, your Petitioner, J{UU-ltt ~~ ~>>lnlllrtA~Heet..h-l.t.- \J!2.\\r\5S~)
respectfully requests to the Council of the City ofR noke 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
pnr'\1O-fj kec.J+(;. CM'e..- <;e(VI&S fa ~e- vt'lii1sureJ D..VLJ u~use.r\leJ
V'P'7IAeA'\.-K 09 +l.e. ~k..e. aJeP-.
(Repeat proposed use of property).
Respectfully submitting this
bday ~20lL.
BY~(~
President . . .
4
N,EW HORIZONS HEAL THCARE
Fixed Asset Schedule
n Loc File Cabinet
Legal Size File Cabinet
Legal Size File Cabinet
Chart File Cabinet
Medical Filing Cabinet
Telechek Machine
Medical Filing Cabinet
Medical Filing Cabinet
Office Outlet-desks and chairs
Office Outlet-Filing cabinets
Rockbridge Office Equipment-Fax/Copier
Lakeshore Learning-table chairs
Kids Carpet
American Academy
Office Outlet- PAP furniture
Office Outlet-CEO furniture
Conference room furnishing
Waiting room furnishing
Behaviorial Health Office furnishing
Telephone System
Projector
3 Workstations - Partition
Telephone System Upgrade
Total Office Furniture and Equipment
1/26/2001
6/12/2003
8/19/2003
12/2/2003
2/1/2005
5/30/2005
6/30/2005
6/30/2005
2/20/2007
3/6/2007
5/11/2007
6/7/2007
6/7/2007
6/7/2007
6/29/2007
6/29/2007
8/9/2007
9/18/2007
4/15/2008
7/18/2008
7/25/2008
9/1/2008
12/15/2009
1,284.85
2,351.25
2,181,00
1,954.52
2,278.00
695.00
1,845.00
1,736.00
800.00
190.00
499.00
494.50
339.98
385.80
1,470.00
3,425.00
2,250.00
2,199.02
662.80
11,228.00
678.10
3,000.00
2,327.00
44,274.82
Ivan Brewer-
Security Lock
Security Lock
Economy Kitchen
Wiring for computers & telephone
ADT - Security System
Total Leasehold Improvements
2/15/2007
2/15/2007
3/2/2007
3/12/2007
7/3/2007
9/1/2007
2,431.43
3,525.62
304,00
1,458:00
511.13
1,697.00
9,927.18
1710 VPN M/MK Router
CEO Computer-Elements
AM D Computer/Keyboard/Monitor
Dell Laptop Computer
Network Update
Custom Built Computer
4 Computer work stations with printer
Dell Laptop Computer-Inspiron 1705
4 computer work stations
Computer medical director
Dell- 10 computers
3 Brother MFC84360 Laser A Printers
Domain Server
Windows XP Software (3)
MedicScan card scanner
7/14/2003
12/3/2003
6/30/2005
6/30/2005
11/11/2005
1/16/2006
6/27/2006
10/3/2006
4/1/2007
4/20/2007
6/28/2007 ,
7/31/2007
10/1/2007
11/3/2007
11/5/2007
1,061.00
1,229.95
1,099.95
1,560.95
2,200.00
1,049.18
6,910.40
1,561.30
4,112.66
1,249.99
9,090.00
1,116.92
5,704.87
879.06
663.95
Page 1 of 2
tiEW HORIZONS HEAL THCARE
Fixed Asset Schedule
4 HP Compaq tc 4400 Tablet PC
eClinical Server
Scanner - Front office chart scanner
2 HP Compaq tc 4400 Tablet PC
4 HP Compaq tc 4400 Tablet PC
Eclinical License - PT provider
HP Compaq tc 4400 Tablet PC
3 OptiPlex 740 Mini-Tower Computers
Router
Laptop - Behavioral Health
Eclinical License - FT provider
HP Compaq tc 4400 Tablet PC
HP Compaq tc 4400 Tablet PC
HP Compaq tc 4400 Tablet PC
. HP Compaq tc 4400 Tablet PC
HP Compaq tc 4400 Tablet PC
Eclinical License - FT provider (Toliver-Hardy
Eclinical License - 1/4 provider (Silber)
Total Computers and Software
Date In Service
, 11/7/2007
11/10/2007
11/10/2007
12/5/2007
4/30/2008
5/27/2008
5/29/2008
6/10/2008
6/26/2008
8/25/2008
8/11/2008
9/25/2008
9/25/2008
10/1/2008
1/5/2009
1/5/2009
2/5/2009
2/5/2009
Cost
3,656,39
3,960.42
1,369.99
2,089,94
7,796,00
2,500.00
1,042.76
2,168,97
551.38
1,220.00
5,050.00
600.00
765.00
680.00
527.00
615.50
5,050.00
1,262.50
80,396.03
Description Date In Service
(~iCficajmt:gUiBmerrti{it[6()!J()\r~""
~>>";'.oC""...~~!~L~~,~t~.."". ""
. Defibulator
Autoclave
7 Exam Stools
Procedure Table
3 Rolling Carts
Baby ScalefTable
Nurses stations
Clinic equipment
Peds equipment
Peds Rooms
Refrigerator
Cllinic Equipment-Spirometer kit etc
Strep Kit
5 Oto/Opthla Scope
3 Oto/Opthla Scope with BP cuff
Analyzer kit
Urinalysis Machine - Pediatrics
Vision screener
EKG machine/PC based software
Exam table
Exam table
Exam table
Exam table
Vital Signs Monitor
Total Medical Equipment
Total
2/9/2001
12/4/2000
12/4/2000
12/4/2000
12/4/2000
12/4/2000
3/5/2007
3/6/2007
3/6/2007
3/1/2007
5/8/2007
6/1/2007
1/9/2007
7/18/2007
7/18/2007
8/17/2007
8/17/2007
10/9/2007
4/8/2008
12/1/2009
12/1/2009
12/1/2009
12/1/2009
12/1/2009
3,495,00
2,300,00
420,00
300.00
900.00
325.00
350.65
1,612.80
2,636.70
4,405,57
352.96
4,029,32
117.09
3,959.85
2,782.71
2,795.66
743.49
1,995.00
2,798,00
3,898.00
3,898.00
3,898.00
3,898.00
2,245.00
54,156.80
188,754.83
Page 2 of 2
Internal Revenue Service
P'.O. Box 2508
Cincinnati, OH 45201
Department of the Treasury
ill NOV i 0 2flO,a ~.
Date:
NOV 0 6 2008
e y: ..._."',!","....",.......""'...""'._~
KUUMBA COMMUNITY HEALTH &
WELLNESS CENTERINC
DBA NEW HORIZONS HEAL THCARE
% EXECUTIVE DIRECTOR
4910 VALLEY VIEW BLVD NW - STE, 310
ROANOKE VA. 24012-2022
Person to Contact:
Vaida Singleton
I D# 0203345
Toll Free Telephone Numbet:
877 ~829-5500
Employer Identification Number:
54-1937835
Dear Sir or Madam:
This is in response to your request of August 11, 2008, regarding your tax-exempt status.
Our records indicate that a determination letter was issued in July 1999, that recognized you as exempt from
Federal income tax, and reflect that you are currently exempt under section 501 (c)(3) of the Internal Revenue
Code.
Our records also indicate you are not a private foundation within the meaning of section 509(a) of the Code
because you are described in section 509(a)(1) and 170(b)(1 )(A)(vi). .
Donors may deduct contributions to you as provided in section 170 of the Code. Bequests, legacies, devises,
transfers, or gifts to you or for your use are deductible for federal estate and gift tax purposes if they meet the
applicable provisions of sections 2055,2106, and 2522 of the Code.
If you have any questions, please call us at the telephone number shown in the heading of this letter.
cc~rel(j~
. Cin1weSlCOtl
Manager, Exempt Organizations
Determinations
80
IN THE COUNCil OF THE CITY OF ROANOKE, VIRGINIA,
The 2 P! day of November, 2005.
No. 37258-112105.
AN ORDINANCE exempting from real estate taxation certain property of
the Kuumba Community Health & Wellness Center, Inc., located in the City of
Roanoke, an organization devoted exclusively to charitable or benevolent
purposes on a non-profit basis; providing for an effective date; and dispensing
with the second reading by title of this ordinance.
WHEREAS, the Kuumba Community Health & Wellness Center, Inc.,
(hereinafter "the Applicant"), has petitioned this Council to exempt certain real
property of the Applicant from taxation pursuant to Article X, Section 6(a)(6) of
the Constitution of Virginia;
WHEREAS, a public hearing at which all citizens had an opportunity to be
heard with respect to the Applicant's petition was held by Council on
November 21,2005;
WHEREAS. the provisions of subsection B of Section 58.1-3651, Code of
Virginia (1950), as amended, have been examined and considered by the
Council;
WHEREAS, the Applicant agrees that the real property to be exempt from
taxation is certain real estate, including the land and any building located
thereon, identified by Roanoke City Tax Map No. 2762101, commonly known as
3716 Melrose Avenue, N.W., (the Property"), and owned by the Applicant, and
providing that the Property shall be used by the Applicant exclusively for
charitable oOr benevolent purposes on a non-profit basis; and
WHEREAS, in consideration of Council's adoption of this Ordinance, the
Applicant has voluntarily agreed to pay each year a service charge in an amount
equal to twenty percent (20%) of the City of Roanoke's real estate tax levy,
which would be applicable to the Property were the Property not exempt from
such taxation, for so long as the Property is exempted from such taxation; .
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as
follows:
81
1. Council classifies and designates the Kuumba Community Health &
Wellness Center, Inc., as a charitable or benevolent organization within the
context of Section 6(a)(6) of Article X of the Constitution of Virginia, and hereby
exempts from real estate taxation certain real estate, including the land and
any building located thereon, identified by Roanoke City Tax Map No. 2762101,
commonly known as 3716 Melrose Avenue, N.W., and owned by the Applicant,
which property is used exclusively for charitable or benevolent purposes on a
non-profit basis; continuance of this exemption shall be contingent on the
continued use of the property in accordance with the purposes which the
Applicant has designated in this Ordinance.
2. In consideration of Council's adoption of this Ordinance, the
Applicant agrees to pay to the City of Roanoke on or before October 5 of each
year a service charge in an amount equal to twenty (2096) percent of the City of
Roanoke's real estate tax levy which would be applicable to the Property, were
the Property not exempt from such taxation, for so long as the Property is
exempted from such taxation.
3. This Ordinance shall be in full force and effect on January 1, 2006,
if by such time a copy, duly executed by an authorized officer of the Applicant,
has been filed with the City Clerk.
4. The City Clerk is directed to forward an attested copy of this
Ordinance, after it is properly executed by the Applicant, to the Commissioner
of the Revenue and the City Treasurer for purposes of assessment and
collection, respectively, of the service charge established by this Ordinance, and
to Eileen G. Lepra, Executive Director of the Kuumba Community
Development & Wellness Center. .
5. Pursuant to Section 12 of the City Charter, the second reading of
this ordinance by title is hereby dispensed with. .
APPROVED
~~J.L
Mary F. Parker
City Clerk
~,U~
C. Nelson Harris
Mayor
80
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21'1 day of November, 2005.
No. 37258-112105.
AN ORDINANCE exempting from real estate taxation certain property of
the Kuumba Community Health & Wellness Center, Inc., located in the City of
Roanoke, an organization devoted exclusively to charitable or benevolent
purposes on a non-profit basis; providing for an effective date; and dispensing
with the second reading by title of this ordinance.
WHEREAS, the Kuumba Community Health & Wellness Center, Inc.,
(hereinafter "the Applicant"), has petitioned this Council to exempt certain real
property of the Applicant from taxation pursuant to Article X, Section 6(a)(6) of
the Constitution of Virginia;
WHEREAS, a public hearing at which all citizens had an opportunity to be
heard with respect to the Applicant's petition was held by Council on
November 21,2005;
WHEREAS, the provisions of subsection B of Section 58.1-3651, Code of
Virginia (1950), as amended, have been examined and considered by the
Council; .
WHEREAS, the Applicant agrees that the real property to be exempt from
taxation is certain real estate, including the land and any building located
thereon, identified by Roanoke City Tax Map No. 2762101, commonly known as
3716 Melrose Avenue, N.W., (the Property"), and owned by the Applicant, and
providing that the Property shall be used by the Applicant exclusively for
charitable o"r benevolent purposes on a non-profit basis; and
WHEREAS, in consideration of Council's adoption of this Ordinance, the
Applicant has voluntarily agreed to pay each year a service charge in an amount
equal to twenty percent (2096) of the City of Roanoke's real estate tax levy,
which would be applicable to the Property were the Property not exempt from
such taxation, for so long as the Property is exempted from such taxation;
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as
follows:
81
1. Council classifies and designates the Kuumba Community Health &
Wellness Center, Inc., as a charitable or benevolent organization within the
context of Section 6(a)(6) of Article X of the Constitution of Virginia, and hereby
exempts from real estate taxation certain real estate, including the land and
any building located thereon, identified by Roanoke City Tax Map No. 2762101,
commonly known as 3716 Melrose Avenue, N.W., and owned by the Applicant,
which property is used exclusively for charitable or benevolent purposes on a
non-profit basis; continuance of this exemption shall be contingent on the
continued use of the property in accordance with the purposes which the
Applicant has designated in this Ordinance.
2. In consideration of Council's adoption of this Ordinance, the
Applicant agrees to pay to the City of Roanoke on or before October 5 of each
year a service charge in an amount equal to twenty (2096) percent of the City of
Roanoke's real estate tax levy which would be applicable to the Property, were
the Property not exempt from such taxation, for so long as the Property is
exempted from such taxation.
3. This Ordinance shall be in full force and effect on January 1, 2006,
if by such time a copy, duly executed by an authorized officer of the Applicant,
has been filed with the City Clerk.
4. The City Clerk is directed to forward an attested copy of this
Ordinance, after it is properly executed by the Applicant, to the Commissioner
of the Revenue and the City Treasurer for purposes of assessment and
collection, respectively, of the service charge established by this Ordinance, and
to Eileen G. Lepro, Executive Director, of the Kuumba Community
Development & Wellness Center.
5. Pursuant to Section 12 of the City Charter, the second reading of
this ordinance by title is hereby dispensed with.
APPROVED
~~JL
Mary F. Parker
City Clerk
~,U~
C. Nelson Harris
Mayor
,
CITY COUNCIL AGENDA REPORT
To:
Meeting:
Subject:
Honorable Mayor and Members of City Council
July 18,2011
Request from Earl Slusser to permanently vacate,
discontinue and close an approximately 33' wide, 127' long
portion of unimproved right-of-way on Wilson Street, adjoining
1201 Penrod Avenue, S.E., bearing Official Tax No. 4131001.
Planning Commission Public Hearing and Recommendation:
The Planning Commission held a public hearing on Thursday, June 16, 2011. By
a vote of 6-0 (Mr. Hale absent), the Commission recommended approval of the
vacation request and that the conveyance of the property be at no charge to the
applicant. The Commission further recommends that the approval be subject
to these conditions:
1. The applicant shall submit a subdivision plat to the Agent for the
Planning Commissipn, receive all required approvals of, and record the
plat with the ClerWof the Circuit Court for the City of Roanoke. Such
plat shall combine all properties which would otherwise dispose of the
land within the right-of-way to be vacated in a manner consistent with
law, and retain appropriate easements for the installation and
maintenance of any and all existing utilities that may be located within
the right-of-way, including the right of ingress and egress.
2. The portion and location of right-of-way vacated will be subject to
review of the subdivision plat by the Agent for the Planning
Commission to ensure that adequate right-of-way remains from the
edge of pavement. The Agent for the Planning Commission will
determine the final amount of right-of-way to be vacated during this
review.
3. Upon meeting all other conditions to the granting of the application,
the applicant shall deliver a certified copy of thisordinanc~ for:,:
recordation to the Clerk of the Circuit Court of Roanoke, Virginia,
indexing the same in the name of the City of Roanoke, Virginia, as
Grantor, and in the name of the petitioner, and the names of any other
parties in interest who may so request, as Grantees. The applicant
shall pay such fees and charges as are required by the Clerk to effect
such recordation.
4., Upon recording a certified copy of this ordinance with the Clerk of the
Circuit Court of the City of Roanoke, Virginia, the applicant shall file
,
with the Engineer for the City of Roanoke, Virginia, the Clerk's receipt,
demonstrating that such recordation has occurred.
5. If the above conditions have not been met within a period of one year
from the date of adoption of this ordinance, then such ordinance shall
be null and void with ,no further action by City Council being necessary.
Application Information
Req uest:
Background
Permanent vacation of a portion of unimproved right-
of-wa on Wilson Street, SE
Earl Slusser
Frederick Gusler, AICP
1201 Penrod Avenue, SE
4131001
A roximatel
RM-1
n/a
Unim roved ri ht-of-wa
Addition to single-family house
Mornin side/Kenwood/Riverdale
Single-family and scattered duplex
April 12,2011
The applicant owns the property at 1201 Penrod Avenue, S.E. The property is
occupied by a single-family dwelling. The applicant intends to build an addition
onto the western side of the house where the parcel adjoins the right-of-way to
be vacated
Considerations
Section 30-14(5) of the City Code provides the standard for consideration of
street and alley vacation requests:
"Following the hearing before the city planning commission on an
application to alter or vacate a street or alley, the commission shall
report in writing to the city council whether in its opinion, any, and if
any, what inconvenience would result if the application were
approved by council, and the commission shall report and make a
recommendation to council as to whether the application should be
approved."
2
,
The right-of-way width of Wilson Street north of Penrod Avenue is 50 feet but
increases to 83 feet adjacent to the applicant's property. The requested
vacation will reduce the right-of-way width of Wilson Street to 50 feet as it is to
the north. The remaining right-of-way be sufficient for future installation of
curb, gutter and sidewalk.
Surrounding Zoning and Land Use:
North
South
East
West
Compliance with the Zoning Ordinance:
Vacation of the portion of right-of-way will not impact the zoning map.
Conformity with the Comprehensive Plan and Neiqhborhood Plan:
The proposed vacation does not pose any conflicts with the future land use
plans or transportation policies of the Morningside/Kenwood/Riverdale or
Vision 2007-2020, Roanoke's Comprehensive Plan.
Planning Commission Public Hearing:
There were no comments from the public.
Commissioner Williams asked if enough right-of-way would remain for future
improvements, like sidewalks.
Staff responded that the resulting right-of-way width would accommodate
sidewalk, curb and gutter, and a tree lawn for street trees.
4~
Angela Penn, Chair
City Planning Commission
cc: Chris Morrill, City Manager
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
3
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To: Department of Planning Building and Development
Room 166, Noel C. Taylor Municipal Building
215 Church Avenue, S.W.
Roanoke, VA 24011
Phone: (540) 853-2541 Fax: (540) 853-1145
..,~!t~~fiirili(~1~'m"t1$I~~,.iyRifE~q-'17ijgliiii~.i1IT!:ef{yJr~:ti:i!Qcu]riiil~~flQij.-~i1s[ipJi~~kfQiXfJif;Jiijg:t~~l_..
Application is hereby submitted for street or alley closure by barricade for the property
located at:
Location and description of street or alley to be closed:
A.portion ot unimproved right-ot-way on Wilson Street adjoining 1201 Penrod Avenue,
S.E., (Uttlclal Tax Map Number 41J1UU1), as shown on the map attached.
The property will be used tor additional yard space and potentially for an
addition to the stru~uure at 1201 Penrod Avenue.
Reason for request:
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LIST OF ADJOINING PROPERTY OWNERS
Official Tax No.1
Street Addr.ess Name of Property Owner Mailing Address
4131001 Earl V. Slusser 3416 Grove Hill Rd.
Fincastle, V A 24090
The Roanoke Times
Roanoke, Virginia
Affidavit of publication
.,
The Roanoke Times
--------------------------------------------------+------------------------
EARL SLUSSER
3416 GROVE HILL ROAD
ROANOKE VA 24019
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REFERENCE:
80178881
12693723
NPH-Earl Slusser
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 th~ State of
Virginia, do certify that the annexed'notice was
published in said newspapers on the following
dates:
City/County of Roanoke, Commonwealth/State of
Virginia. Sworn and subscribed before me this
___\..~day of JULY 2011. Witness my hand and
official seal.
otary Public
PUBLISHED ON:
07/01 07/08
TOTAL COST:
FILED ON:
336.96
07/11/11
NOTICE OF PUBLIC
HEARING
The Council of the City of
Roanoke will hold a 'public
hearing on Monday, July 18,
2011, at 7:00 p,m" or as
soon thereafter as the
, matter may ,be heard, in the
Council Chamber, fourth,
floor in the Noel C, Taylor
Munlcip'al'Building, 215'
Church Avenue, S.W.,
Roanoke", Virginia, to
consider tlie following:
Request from Earl Slusser'
to perm~nentlY vacate,
discontinue and close an
! approximately 33' wide'l
127' ,Io!jg portion of
\' unimprov.ed right-of-way on'
Wilson Street, adjoining
1201 Penrod Avenue, S,E.,
bearing Official Tax. No,
4131001, ,
A copy of the a~plic,ation ,
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,
All parties in interest and'!
'citizens may appear on the,
,above d~te and be heard on'.
ithe m'~tter. If you are a:
person with a disability who
:needs accommodations for,
,this hearing,.please ~ontact
'the City',Clerk's Office, at
853-2541, before noon oni
:the Thursday before thel
'date of the hearing listed
,above : " '
, GIVE'N"under my hand this;
28th day of June,.2011.
Steph~nie M. Moon, MMC
!hrp, ' ,,'1 City Clerk"
I 1716 .~i%~~1 ~ . ~dl ;q$:'~r> ]
'(12693'I@3) rl ,;rJt
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I. c'- .,
--------------------------------------------------+------------------------
Authorized~
Signature:_
Billing Services Representative
~
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/
NOTICE OF PUBLIC HEARING
The Council ofthe City of Roanoke will hold a public hearing on Monday, July 18, 2011, 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 Earl Slusser to permanently vacate, discontinue and close an
approximately 33' wide, 127' long portion of unimproved right-of-way on
Wilson Street, adjoining 1201 Penrod Avenue, S.B., bearing Official Tax No.
4131001.
A copy of the 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.
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 the Thursday before the date ofthe hearing listed
above.
GIVEN under my hand this 28.t:h day of Jtme
, 2011.
Stephanie M. Moon, MMC
City Clerk.
Earl Slusser-vacate,doc
':'\
)
Notice to Publisher:
Publish in the Roanoke Times on Friday, July 1 and Friday July 8, 2011.
Send affidavit to:
Stephanie M. Moon, MMC,
City Clerk
215 Church Avenue, S. W.,
Room 456
Roanoke, Virginia 24011
(540) 853-2541
Send Bill to:
Earl V. Slusser
3416 Grove Hill Road
Fincastle, Virginia 24090
(540) 494-3529
NPH-EarI Slusser-vacate,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
STEPHANIE M. MOON, MMC
City Clerk
JONATHAN E. CRAFT
Deputy City Clerk
July 7,2011
CECELlA T. WEBB
Assistant Deputy City Clerk
Mr. Earl V. Slusser
3416 Grove Hill Road
Fincastle, Virginia 24090
Dear Mr. Slusser:
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, July 18,
2011, 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 Ea'rl Slusser to permanently vacate, discontinue and close an approximate 33',
127' portion of unimproved right-of-way on Wilson Street, adjoining 1201 Penrod Avenue,
S. E. '
For your 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 July 18th public
hearing. Failure to appear could result in a deferral of the matter until a later date.
Sincerely,
~ hi, o-J
Stephanie M. Moon, M~
City Clerk
SMM:ctw
Enclosure
.
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
JONATHAN E. CRAFT
Deputy City Clerk
STEPHANIE M. MOON, MMC
City Clerk
July 7,2011
CECELlA T. WEBB
Assistant Deputy City Clerk
To Adjoining Property Owners
Ladies and Gentlemen:
Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of
Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, July 18,
2011, 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 Earl Slusser to permanently vacate, discontinue and close an approximate 33',
127' portion of unimproved right-of-way on Wilson Street, adjoining 1201 Penrod Avenue,
S.E.
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 callthe 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,
t;tpR.~:rn. M ~/}yv
Stephanie M. Moon, MMC l
City Clerk
SMM:ctw
\\
RIGHT-OF-WAY CLOSURE REQUEST
Earl Slusser, 33' wide and 127' long portion of unimproved right-of-way
on Wilson Street adjoining Penrod Ave., S.E., 4131001
) AFFIDAVIT
)
COMMONWEALTH OF VIRGINIA
)
) TO-WIT:
)
CITY OF ROANOKE
The affiant, Rebecca Cockram, first being duly sworn, states that she is Secretary to the
Roanoke City Planning Commission, and as such is competent to make this affidavit of
her own personal knowledge. Affidavit states that, pursuant to the provisions of Section
15.2-2204, Code of Virginia, (1950), as amended, on behalf of the Planning Commission
of the City of Roanoke, she has sent by first-class mail on the 24th day of May, 2011,
notices of a public hearing to be held on the 16th day of June, 2011, on the request
captioned above to the owner or agent of the parcels as set out below:
Tax No.
Owner
MailinQ Address
4131001
Earl Slusser
3416 Grove Hill Road
Fincastle, VA 24090
Also Notified:
Sandra Eanes, President
Southeast Action Forum
1616 Stewart Avenue, SE
Roanoke, VA 24013
Mark D. Powell
655 Highland Ave SE
Roanoke, VA 24013
Laura Padgett
1040 Morgan Ave SE
Roanoke, VA 24012
~
Ron McCorkle
1721 Kenwood Blvd SE
Roanoke, VA 24013
~Lo(Ju1~
Rebecca Cockram
SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke,
Virginia, this 24th day of May, 2011.
CANDACE R. MARTIN
NOTARY PUBLIC
Commonwealth of Virginia
Reg. #282076
My Commission Expires
~~R~
Notary Public
()
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
JONATHAN E. CRAFT
Deputy City Clerk
STEPHANIE M. MOON, MMC
City Clerk
April 12, 2011
CECELlA T. WEBB
Assistant Deputy City Clerk
Rebecca Jo Cockram, Secretary
City Planning Commission
Roanoke, Virginia
Dear Ms. Cockram:
Pursuant to Section 36.1-690(e), Code of the City of Roanoke (1979), as amended, I
am attaching copy of an Original Applicationfor Street or Alley Vacation received in the
City Clerk's Office on April 12, 2011, from Earl V. Slusser requesting that a portion of
unimproved right-of-way located on Wilson Street adjoining property located at 1201
Penrod Avenue, S. E., be vacated, discontinued and closed.
Sincerely,
, n,. rrhc)y.)
Stephanie M. Moon, MMC C
City Clerk
Enclosure
pc: The Honorable Mayor and Members of the Roanoke City Council
Earl V. Slusser, 3416 Grove Hill Road, Fincastle, Virginia 24090
Susan S. Lower, Director, Real Estate Valuation
Philip C. Schirmer, City Engineer
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
~
To:
Meeting:
Subject:
CITY COUNCIL AGENDA REPORT
Honorable Mayor and Members of City Council
July 18, 2011
Request from Terry Wayne Cundiff and Valerie S. Eagle and
Piedmont Property, llC, that property located at 445 Elm Ave.,
S.W. and 435 Elm Ave., S.W., bearing Official Tax Map Nos.
1020113 and 1020114, be rezoned from RM-1 Residential Mixed
Density District to CN, Commercial-Neighborhood District, for
such office, service, retail, assembly, entertainment, public,
institutional and community uses as are permitted in the CN,
Commercial-Neighborhood District. The proposed general
usage of the property is residential and professional office.
The comprehensive plan designates the property for village
center use.
Planning Commission Public Hearing and Recommendation
The Planning Commission held a public hearing on Thursday, June 16, 2011. By
a vote of 6-0 (Mr. Hale absent), the Commission recommended approval of the
rezoning request, finding the application to rezone the subject property to be
consistent with the Zoning Ordinance, Vision 2001-2020, and the Old Southwest
Neighborhood Plan. Rezoning will allow an established business to continue as
a permitted use and implements appropriate zoning consistent with the Future
Land Use Map of the Old Southwest Neighborhood Plan.
Application Information
Request: Rezoning
Owner: Valerie S. Eagle and Wayne Cundiff (T.M.
1020113)
Piedmont Property LLC (T.M. 1020114)
Authorized Agent: Wayne Cundiff
City Staff Person: Maribeth B. Mills
Site Address/Location: 445 and 435 Elm Avenue, SW
Official Tax Nos.: 102011 3 and 1020114
Site Area: 0.3554 acres
Existing Zoning: RM-1, Residential Mixed Density District and H-2,
Historic Neighborhood Overlay District
Proposed Zoning: CN, Commercial Neighborhood District and H-2,
Historic Neighborhood Overlay District
Existing Land Use: Office, general or professional and residential
,
Proposed Land Use: Office, general or professional and residential
Neighborhood Plan: Old Southwest Neighborhood Plan
Specified Futu re Land Village Center
Use:
Filing Date: Original Application: April 18, 2011
Background
Prior to the 2005 comprehensive rezoning of the City, both properties were
zoned C-1 , Office District. Prior to the rezoning, an office was legally
established in the 2,312 square foot residential building at 445 Elm Avenue. It
is now a permitted nonconforming use. This property also consists of a 1,364
square foot commercial building addressing 5th Street. Originally a small
grocery store, it is now being used as an accessory apartment. The building at
435 Elm Avenue has remained residential over the years, both as a single-family
and two-family dwelling. The owners of both properties would like to rezone
to the CN District to allow the office to continue as a permitted use as well as to
allow a variety of commercial uses appropriate to a village center. No changes
are proposed for the buildings or sites. Any modifications to the buildings or
sites will require approval by the Architectural Review Board.
Considerations
Surrounding Zoning and Land Use:
Zoning District Land Use
Nort RM-1, Residential Mixed Density Residential dwellings and
h District and CN, Commercial- Laundromat.
Neiqhborhood District
Sout RM-1, Residential Mixed Density Residential dwellings, gas
h District and CN, Commercial- station, and eating
Neiqhborhood establishment.
East MX, Mixed Use District and RM-1, Medical clinic and residential
Residential Mixed Density District dwellings.
West RM-1, Residential Mixed Density and Residential dwellings and office.
CN, Commercial-Neighborhood
District
Compliance with the Zoning Ordinance:
The CN District is intended to provide neighborhood-scaled retail, office, and
service uses in a clearly defined, compact area in close proximity to residential
neighborhoods. As the properties are located in the H-2 Overlay District, any
modifications to the sites or buildings will require approval from the
Architectural Review Board. The most likely additions to the sites will be
parking and signage. Parking, if provided, is limited due to location, setback,
and buffer yard requirements of the Zoning Ordinance. New building-mounted
2
,
and freestanding signage would be limited to a maximum face of 32 square
feet with freestanding signs limited to 6 feet in height.
Conformity with the Comprehensive Plan and Neighborhood Plan:
Further development and enhancement of the 5th Street Village Center was cited
by residents as one of the top priorities for improving the neighborhood in the
Old Southwest Neighborhood Plan. The subject properties are identified as part
of this village center on the future land use map; however, were residentially
zoned during the 2005 comprehensive rezoning of the City. Rezoning these
properties to the CN District will serve to strengthen the village center by
adding three potential business locations, one being a historic storefront.
The following policies of Vision 2007-2020 are relevant in the consideration of
this application:
. NH P2. Neighborhoods as villages. Neighborhoods will function as
villages, offering opportunities to live, work, shop, play, and interact
in a neighborhood setting.
. EC P6. Cultural and historic resources. Roanoke will identify,
preserve, and protect its historic districts, landmark features, historic
structures, and archaeological sites.
. ED P6. Village centers. Village centers will be pursued as an
economic development strategy to strengthen neighborhoods and the
City's economy.
The following policies of the Old Southwest Neighborhood Plan are relevant in
the consideration of thTs application:
. Community Design Policies
o Future neighborhood commercial development should adhere to
the design principles of Vision 2007-2020 for village centers.
· Concentrations of higher-density, mixed use development
and live/work space.
· Use the future land use map to evaluate rezoning and
special exception requests. In particular, requests for
properties in the village center should be considered if the
design and uses are supported by the neighborhood.
. Economic Development Policies
o Businesses should attract clientele from the neighborhood and
elsewhere in the City.
Outside Aqency Comments:
None.
Public Comments:
None.
3
,
Planning Commission Public Hearinq:
There were no comments from the public and the Planning Commission's
public hearing.
~~
Angela Penn, Chair
City Planning Commission
cc: Chris Morrill, City Manager
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
4
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
Date: 104/18/2011
APR 1 9 2011
CITY OF ROANOKE
PLANNING BUILDING AND DEVELOPMENT
Submittal Number: IOriginal Application
[8] 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
f];EG~(:f~jjf'f~~1I~~'S~t~~
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Address: 445 Elm Ave SW /
435 Elm Ave SW Roanoke VA 24016
Official Tax No(s).: 11020113 1 1020114
Existing Base Zoning: I
(If multiple zones, please manually enter all districts.) RM-1
Ordinance No(s). for Existing Conditions (If applicable): INA
Requested Zoning: Ie N I Proposed Land Use:
I 0 With Conditions
[8] Without Conditions
!profeSSional Office IResidential
Name: I See Attachment A
I Phone Number:
I E-Mail: I
Address:
/
I
Property Owner's Signature:
I Phone Number:
, E-Mail: I
Name:
Address:
Applicant's Signature:
I
I
Phone Number: I + 1 (540) 354-8437
I E-Mail: waynecundiff@parkplacerealtors.cfj
Name:
Terry Wayne Cundiff (for Piedmont Properties, LLC) Auth. attached
Address: 1445 Elm Ave SW Roanoke VA
. ("I ".~f\
~n~ {1J~IL ~ _
Authorize . gent's Sig ture:
IX' Completed application form and checklist.
IX: Written narrative explaining the reason for the request.
IX' Location map,
IX] Adjoining property owners list.
n Metes and bounds description, if applicable.
IX] Required fee.
n, Concept plan meeting the Application Requirements of item #4 in Zoning Amendment Procedures,
n Written proffers.
n Concept plan meeting the Application Requirements of item #4 in Zoning Amendment Procedures, Please label as 'development
! plan' if proffered,
r Development plan meeting the Application Requirements of item #4 in Zoning Amendment Procedures,
n Comprehensive signage plan meeting the requirements of Section 36,2-336{d) of the City's Zoning Ordinance,
n Amended development plan meeting the Application Requirements of item #4 in Zoning Amendment Procedures, if applicable,
n Amended concept plan meeting the Application Requirements of item #4 in Zoning Amendment Procedures, if applicable.
n Written proffers to be repealed.
n Written proffers to be adopted, if applicable. If some of the existing proffers are to be retained, please include these in this list.
n Copy of previously adopted Ordinance,
n Amended development plan meeting the Application Requirements of item #4 in Zoning Amendment Procedures.
n Copy of previously adopted Ordinance.
n Amended comprehensive signage plan meeting the requirements of Section 36.2-336{d) of the City's Zoning Ordinance,
n Copy of previously adopted Ordinance.
L A Traffic Impact Study in compliance with Appendix B-2{e) of the City's Zoning Ordinance,
n Cover sheet.
r-. Traffic impact analysis.
["I Concept plan.
n Proffered conditions, if applicable.
n Required fee.
* An electronic copy of this application and checklist can be found at www.roanokeva.gov/pbd by clicking 'Applications, Agreements, Bonds, and
Schedule of Fees'. A complete packet must be submitted each time an application is amended, unless otherwise specified by staff.
"
Attachment A
PROPERTY OWNER INFORMA nON
445 Elm Ave. SW
Name: Wayne Cundiff &
Valerie Eagle
Phone Number: 540-354-8437
Address: 445 Elm Ave. SW
Roanoke, VA 24016
E-Mail: WayneCundiff@ParkPlaceRealtors.com
.
Property Owner Signature: hU)" '(f' ,C' 4
Property Owner Signature: ~ \'1J..LU.l S ' ~(\(),~ <c /
~
435 Elm Ave. SW
Name: Piedmont Property LLC Phone Number: 540-239-4791
N. Dail Stancill, Managing Member
Address: 540 Ellett Rd. E-Mail: Piedmont1@Verizon.net
Christiansburg, VA 24073
Property Owner Signature: LUa ~D'"" tJ. O.:J2 \i:ta/l\cJQ J
p~ f~i0 .lL-C
~4/21/2011 THU 10:11 FAX 5403421010 Park Place Realtors
121002/002
Attaohment A
PROPERTY OWNER INFORMATION
445 Elm Ave. SW
Name: Wayne Cundiff &
. Valerlo Eagle
PhonLl Number: 540-354-8437
Address: 445 Elm Ave. SW E-Mail: WavneCundiff@ParkPlaceRealtors.com
Roanoke. VA 24016
Property Owner Signature; __WO-'ty.... . C.&A# J.;ft
\ [I ~
Property Own<< Signature: \\UJ.t"l.. ~ . .
43S Elm Ave. SW
Name: Piedmont Property LLC Pbone Number: 540-239-4791
N. Vail StanciU. Managing Member
Addreu:~~ VA~~Ml~J~.:
Property Owner Slptute: _:.;._~ ._
,
I
: ':ARK
LACE
It EALTORS
parkplacereaItors.com
April 15, 2011
City of Roanoke
To Whom It May Concern:
Wayne Cundiff ;s authorized to act on my behalf on legal matters concerning the
mBmmg~~~~;16.
By Member N. Dail Stancill, Piedmont Property, LLC
445 Elm Avenue, S.W. · Roanoke, VA 24016 · (540) 342-1010 · (540) 342-7070 Fax
,
NARRATIVE FOR ZONING REQUEST WAYNE CUNDIFF
The properties located at 445 and 435 Elm Ave. were previously zoned C-1 prior to the City's adoption of
the new Zoning ordinance in 2005. 445 Elm is grandfathered under the C-1 zoning as a non-conforming
Office use and currently used as Park Place REALTORS, real estate office. There is also a residential
apartment on the parcel located in the free-standing building at the rear facing 5th St. (716 5th St. SW).
435 Elm Ave. SW has been restricted for use as single family, residential, however it is not the highest
and best use for the property due to noise from the heavy traffic on Elm Ave. SW. The owner has
received many requests from tenants desiring "commercial space" at much greater value than a single
family home. It is bot~ owners' request that these two properties be considered for a CN zoning to be a
conforming use under the new zoning ordinance, as well as being in harmony with the City's
comprehensive plan which has highlighted the 5th St. corridor as the Village Center designation for the
Old Southwest Neighborhood. There is CN zoning directly across 5th St. at the lion's Eye Center, the
la undromat across the a IIey behind both of these properties, as well as the Southwest Market
convenience store and Chinese restaurant diagonally across Elm. Because ofthe bus stop at the corner
and close proximity to Highland Park, there is quite a bit of pedestrian traffic on this corner along with
walking traffic to and from the YMCA and Jefferson Center which indicates current and future need for
commercial services in this area which could be supplied with these two properties.
,.
Print ~eport I Close Window
Property Information Card for: EAGLE VALERIE S & CUNDIFF WAYNE
445 ELM AVE SW
ROANOKE VA 24016
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Neighborhood information
View_N~i.gb.1:19J.IIQ.~(tln.fQ[mgliQn
Incentive information
Yi!tw-'m;:_!;mJiYel'IQgrnm~Ioformali.Q(!
BUILDING PERMITS
\fiew._P~Jm1tlL8d;;Q!::IJLE..I1fQLG!3lI!~o1.NQ.ti~es
MAPS & PLANS
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OWNER/LEGAL INFORMATION
Tax Number
Property Address
Legal Description
Owner Name
1020113
445 ELM AVE SW
LOT 1 BLK 4 F & T
EAGLE VALERIE S & CUNDIFF WAYNE
.
Comer of But'lding is
2.1' south of property line
Edge of Pavement
-----_._-_.~-------------
Corner of Building is
0.60.' east of property
line
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Corner of BUilding is
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Chain Link Fence
Legend
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o Power Pole
Cone, Concrete
Notes:
1. This plat is subject to
information which may be
disclosed by 0 title report.
2. The subject property is
within the limits of flood
zone "x" os shown on the
FEMA Flood Insurance Rote
Mop No. 51161Co.o.42 F, Panel
42 of 90. dated Feb. 4, 20.0.5,
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Land Surveying, LLC
5935 Monet Drive, S. W.
Roanoke, Virginia 240.18
Phone: 540.-20.4-1649
Em oil: docls @ cox.net
P.K.
15' Alley Comer of Building is
S 83'39'30." E 2.2' south of property
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Survey For
Valerie Eagle & Wayne Cundiff
af Lot " Block 4, Map of Ferguson &
Terry Addi(ion, 0.8. 167, Pg. 214
City of Roanoke, Virginia
Scale: 1" = 20.'
Dote: November 20., 20.0.5
Tox No. 10.20.113
TOTAL P.02
City of Roanoke - GIS
.,
Page 1 of3
Print Report I Close Window
Property Information Card for: PIEDMONT PROPERTY LLC
540 ELLETT RD
CHRISTIANSBURG VA 24073
Neighborhood information
View Neiahborhood Information
Incentive information
View Incentive Proarams Information
BUILDING PERMITS
View Permits & Code Enforcement Notices
MAPS & PLANS
View Enaineerina Maps & Plans
Images
http://gis.roanokeva.gov/rptDetailAlI.cfm?mapno=1 020 114
&mapFn=mke_ext... 4/25/2011
City of Roanoke - GIS
.,
Page 2 of3
view Jaroe photo
Sketches
Sketch 1
OWNERlLEGAL/NFORMA TION
Tax Number
Property Address
Legal Description
Owner Name
Owner 2 Name
Owner Mailing Address
1020114
435 ELM AVE SW
LOT 2 BLK 4 F & T
PIEDMONT PROPERTY LLC
N/A
540 ELLETT RD
CHRISTIANS BURG VA 24073
171
200-SingleFamily
(
Neighborhood Number
Property Use
ASSESSMENT INFORMA TION
Assessment History
Land Assessment
Improvements
Total
Change Reason
Assessment History 2
Land Assessment 2
Improvements 2
Total 2
Change Reason 2
SALElTRANSFERINFORMA TION
Deed Reference
Grantor
Sale Date
Sale Price
Deed Reference 2
Grantor 2
Prevo Sale Date
Prevo Sale Price
Transfer History
Comments
Deed Ca rd
ZONING LOT INFORMATION
Property Area Sqft.
Property Frontage
Property Avg. Depth
Property Acres
Zoning
Overlay Zoning
Special District
TOPOGRAPHY
Topography
FLOOD ZONE INFORMATION
SFHA
Floodway
Finn Panel
Community
FIPS
STRUCTURE INFORMATION
01101/2011
$21,400.00
$204,200.00
$225,600,00
Annual GRA
01/0112010
$21,400.00
$204,200,00
$225,600,00
Annual GRA
070017130
DEER RIVER PROPERTIES LLC (Inactive)
10/05/2007
$91,350,00
060001646
GOLDSBOROUGH CLARENCE AND (Inactive)
01/30/2006
$33,000.00
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7,664
50 Feet
155,00 Feet
0,1759
Click Here for Base Zoninq
Click Here for Overlay Zoninq
Conservation District
Level
N/A
N/A
51161C0164G
0130
51770
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Page 3 of3
Year Built
Number of stories
Construction Exterior
Size Sqft.
Foundation
Structure
lower Split Foyer
lower Finished
Total Bedrooms
Total Rooms
ATTIC
Attic
BASEMENT
Basement Area Sqft,
Finished Sqft.
ROOFS
Roof Style
Roof Cover
HEA TING/AIR
Heating Type
Central Air
Fireplaces
PLUMBING
2 Fixture
3 Fixture
4 Fixture
5 Fixture
GARAGES
Attached Garage
Detached Garage
Attached Carport
Basement lower level Garage
PORCHES
Enclosed Porch
Open Porch
Wood Deck
1925
2.0
Wood siding
2,350
1/2 Bsmt, 1/2 Crawl
Wood frame
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4
8
Part
601
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Slate natural
Heat pump
y
Yes
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2
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N/A
N/A
N/A
N/A
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500
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Attachment B
ADJOINING PROPERTY OWNERS
Address Owner of Record Mailing Address Tax ID
708 5th St. SW Ray E. Williams 1718 Aspen St. NW 1020101
Roanoke, V A 24017
431 Elm Ave. SW Marian Shockley 431 Elm Ave. SW 1020115
Mariam M. Ali Roanoke, V A 24016
440 Day Ave. SW Piedmont Property 540 Ellett Rd. 1020102
Christiansburg, VA 24073
504 Day Ave. SW Macher Properties 504 Day Ave. SW 1120614
Roanoke, V A 24016
501 Elm Ave. SW Eye-Bank of Virginia 501 Elm Ave. SW 1120631
Roanoke, V A 24016
502 Elm Ave. SW Mardoel Hernandez 502 Elm Ave. SW 1120813
Roanoke, V A 24016
444 Elm Ave. SW Robert & Alyce 145 Campbell Ave. SW 1020601
Szathmary Roanoke, V A 24011 '
440 Elm Ave. SW Robert & Alyce 145 Campbell Ave. SW 1020602
Szathmary Roanoke, V A 24011
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
'.
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FILED ON: 07/11/11 """111\\\\ I
--------------------------------------------------+------------------------
CUNDIFF, WAYNE
445 ELM AVE SW
ROANOKE VA 24016
REFERENCE:
80176892
12693740
Propert
NPH-piedmont
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~inia. Sworn and subscribed before me this
__ll~ay of JULY 2011. Witness my hand and
official seal.
Notary Public
PUBLISHED ON:
07/01
07/08
NonCE OF PUBLle
HEARING
The Council of the City of
: Roanoke will hold a public
: hearing on Monday, J41y 18,
2011, at 7:00 p.m., or.as
: soon thereafter as the
, matter may be heard; in the
Council Chamber, fourth
: floor, in the Noel C, Taylor
, Municipal Building, 215
Church Av'e'nue, S,W..
Roanoke,::Virginia, to
consider the following:
Request 'from T~rry Wayne
, Cundiff and Valerie S. Eagle
I and Piedm!lni Property,
: LLC, that property located
, at 445 ElmiAve., S.W, and
435 Elm Ave':',j.s,w., bearing
Official T'<ixj',Map Nos.
1020113 and, 1020114, be
rezoned ,f,:;;om RM-,1
Residential Mixed Density
D 1st r i cU,t 0 C N ,
Commercial-Neighborhood
, District, for such office,
I' service, retail, assembly,
entertainment, public,
I institutional arid community
uses as are permitted in the
CN, Co'mmercial-
Neighborh' istrict. The
, proposed al usage of
the prop residential
and professi'onal office.
! The comprehensive plan
I designates'th:e property for
village center use.
A copy ol,:the application
is available 'for review in the
Office oUhe City Clerk,
Room 45!3:j~oel C. Taylor
Municipal'~.qildlng, 215
,Church'A~~~ue, S,W.,
Roanoke, Virginia,
I All parties in interest and
citizens ma~ ,appear on the
'above dalEi'~r.,'!g,.be heard on
,the maller~I,f you are ,a
,person with,a'disablllty who
needs accommodations for
this hearing, please contact
the City Clerk's ,Office, at
853-2541, before noon on
the Thursday before the
date of Uie'ihearlng listed'
above" oJ;l"!
GIVEN unller'my hand this
28th day ofilJline, 2011,
Stephanie M: Moon, MMC
l' City Clerk.
(12693740)
Billing Services Representative
c
{..,~
::? ~\.
~~\j; ,
NOTICE OF PUBLIC HEARING
The Council ofthe City of Roanoke will hold a public hearing on Monday, July 18, 2011, at
7:00 p.m., or as soon thereafter as the matter maybe heard, in the Council Chamber, fourth floor, ~
the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, to consider the
following:
Request from Terry Wayne Cundiff and Valerie S. Eagle and Piedmont
Property, LLC, that property located at 445 Elm Ave., S.W. and 435 Elm
Ave., S.W., bearing Official Tax Map Nos. 1020113 and 1020114, be rezoned
from RM-l Residential Mixed Density District to CN, Commercial-
Neighborhood District, for such office, service, retail, assembly,
entertainment, public, institutional and community uses as are permitted in the
CN, Commercial-Neighborhood District. The proposed general usage ofthe
property is residential and professional office. The comprehensive plan
designates the property for village center use.
A copy of the 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 the Thursday before the date ofthe hearing listed
above.
GIVEN under my hand this 2.8.t.h- day of .Tune
, 2011.
Stephanie M. Moon, MMC
City Clerk.
Piedmont Property-rezone. doc
.
Notice to Publisher:
Publish in the Roanoke Times on Friday, July 1 and Friday July 8, 2011.
Send affidavit to:
Stephanie M. Moon, MMC,
City Clerk
215 Church Avenue, S. W.,
Room 456
Roanoke, Virginia 24011
(540) 853-2541
Send Bill to:
Terry Wayne Cundiff, for
Piedmont Properties, LLC
445 Elm Avenue, S. W.
Roanoke, Virginia 24011
(540) 354-8437
wavnecundiff@ parkplacerealtors.com
NPH-Piedmont Property-rezone,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
STEPHANIE M. MOON, MMC
City Clerk
JONATHAN E. CRAFT
Deputy City Clerk
July 7,2011
CECELlA T. WEBB
Assistant Deputy City Clerk
Terry Wayne Cundiff, for
Piedmont Properties, LLC
445 Elm Avenue, S. W.
Roanoke, Virginia 24011
Dear Mr. Cundiff:
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, July 18,
2011, 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 Terry Wayne Cundiff, Valerie S. Eagle and Piedmont Property, LLC, that property
located at 445 and 435 Elm Avenues, S. W., be rezoned from RM-1 Residential Mixed
Density District to CN, Commercial-Neighborhood District.
For your 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 July 18th public
hearing. Failure to appear could result in a deferral of the matter until a later date.
Sincerely,
,.'.- ('r) .
Stephanie M. Moon, MMC ~
. City Clerk
SMM:ctw
Enclosure
.
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
JONATHAN E. CRAFT
Deputy City Clerk
STEPHANIE M. MOON, MMC
City Clerk July 7,2011
To Adjoining Property Owners
Ladies and Gentlemen:
Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of
Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, July 18,
2011, 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 Terry Wayne Cundiff, Valerie S. Eagle and Piedmont Property, LLC, that property
located at 445 and 435 Elm Avenues, S. W., be rezoned from RM-1 Residential Mixed
Density District to CN, Commercial-Neighborhood District.
This letter is provided for your information as an interested property owner and/or adjoining
property owner. If you have questions with regard to the matter, please call the Department
of Planning, Building and 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,
. _,H ... ( . . ()yj
Stephanie M. Moon, M~:1()'
City Clerk
SMM:ctw
j.'.. .,..!'t
,
REZONlNG REQUEST- RM-1 to CN
Terry Wayne Cundiff and Valerie S. Eagle and Piedmont Property, LLC
445 Elm ave., S.W. and 435 Elm Ave., S.W.
Tax Nos. 1020113 and 1020114
)
)AFFIDAVIT
)
COMMONWEALTH OF VIRGINIA
)
) TO-WIT:
)
CITY OF ROANOKE
The affiant, Rebecca Cockram, first being duly sworn, states that she is Secretary to the
Roanoke City Planning Commission, and as such is competent to make this affidavit of
her own personal knowledge. Affidavit states that, pursuant to the provisions of Section
15.2-2204, Code of Virginia, (1950), as amended, on behalf of the Planning Commission
of the City of Roanoke, she has sent by first-class mail on the 23rd day of May, 2011,
notices of a public hearing to be held on the 16th day of June, 2011, on the request
captioned above to the owner or agent of the parcels as set out below:
Tax No.
Owner
MailinQ Address
1020101
WILLIAMS E RAY
1718 ASPEN ST NW
ROANOKE VA 24017
1020102
PIEDMONT PROPERTY LLC
540 ELLETT RD
CHRISTIANSBURG VA 24073
1020103
DAY AVENUE LIMITED PARTNERSHIP
PO BOX 6359
ROANOKE VA 24017
1020115
All MARIAN M
431 ELM AVE SW
ROANOKE VA 24016
1020603
MARTIN WILLIAM KENT
436 ELM AVE SW
ROANOKE VA 24016
1020602
1020601
SZATHMARY ROBERT & ALYCE
145 CAMPBELL AVE SW
ROANOKE VA 24011
1120813
HERNANDEZMARDOEL
502 ELM AVE SW
ROANOKE VA 24016
1120631
EYE-BANK OF VIRGINIA
501 ELM AVE SW
ROANOKE VA 24016
,
1120614
MACHER PROPERTIES LLC
504 DAY AVE SW
ROANOKE VA 24016
Also Notified:
Dinah Ferrance, President
Old Southwest, Inc.
402 Day Ave SW
Roanoke,VA 24016
Jim Haynes
526 Marshall Avenue SW
Roanoke, VA 24016
Tim Taylor
115 Mountain Avenue SW
Roanoke,VA 24016
Jeff Campbell
424 Highland Avenue SW
Roanoke, VA 24016
~~~
Rebecca Cockram
SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke,
Virginia, this 2~Y of Ma. y, 2011.
~ R. fYbd;;;;7
Notary Public
CANDACE R. MARTIN
NOTARY PUBLIC
Commonwealth of Virginia
. ~eg. #282076
My Commission Expires
I
G. Michael Pace. Jr.
GENTRY LOCKE
RAKES &. MCIDRELLP
Attorneys
Facsimile 540,983,9400
(540) 983-9312
Post Office Box 40013
pace@gentrylcckecom
Roanoke, Virginia 24022-0013
July 14, 2011
By Email: Elizabeth.watson(@roanokeva.gov
The Honorable Mayor David A. Bowers and
Members of City Council
Noel C. Taylor Municipal Building
215 Church Avenue, Room 364
Roanoke, VA 24011
Re: Petition o/GBT Realty Corporation/or Amendment o/Proffers
Dear Mayor Bowers and Council Members:
We represent GBT Realty Corporation (GBT) concerning its request for an amendment of
proffers to allow the development of a Dollar General store on 1.525 acres at the intersection of
Riverland Road and Garden City Boulevard. This matter will come before City Council on July
18, 2011, at 7:00 p.m. I look forward to making the presentation to you.
We regret that we were engaged to represent GBT in this matter after the Planning Commission
hearing on June 16. Notwithstanding the Planning Commission's recommendation to deny the
request, we are convinced that the amendment of existing proffers on the property is appropriate
and th~t the Dollar General project can be a win-win for the neighborhood, the City and Dollar
General.
GBT is the contract purchaser of the property, subject to amendment of certain proffers related to
its rezoning in 2002 from RM-I to C-2 for use only as a highway convenience store or a fast-
food restaurant, the latter use by special exception. In the City's 2005 comprehensive rezoning,
the zoning designation for the property became CG. Current zoning permits the property to be
used by right as a 24-hour convenience store with gas pumps and a drive-thm window, subject to
the proffers relating to development plan, parking, elevations, privacy fence, lighting, gas station
canopies, and sign age.
The proposed use of the property as a Dollar General store is a less intensive use and provides
more safeguards for appropriate development than the approved use. Additionally, the Dollar
General store will provide goods and services not currently available to the public along
Riverland Road and Garden City Boulevard. Significantly, we understand the project has the
10 Franklin Road SE, Suite 800 .:. Roanoke, VA 24011':' Toll Free: 866-983-0866
lMVW,gentrylocke.com
19091/1/5534735vl
GENTRY LOCKE
RAKFS 0< MGDRE'"
The Honorable Mayor and
Members of City Council
July 14,2011
Page 2
support of the Garden City Civic League, as stated m the staff report to thc Planning
Commission.
The GBT proposal is consistent with the City's Comprehensive Plan, which encourages
commercial development at key intersections (ED P6, p. 59), and is supportive of the strategic
initiative to develop underutilizcd commercial sites (p. 4). As noted, the subject property was
rezoned to commercial in 2002, but has remained vacant since that time,
The property consists of two contiguous parcels (4360103 and 4360104) located at the corner of
Riverland Road and Garden City Boulevard. The CO zoning is consistent with existing uses and
current pattern of development. The adjoining property to the north is zoned I-I and used as an
AEP substation. The property to the northeast is used as an lOA grocery store and is zoned CG.
The property to the east is zoned ROS, and is owned by the Western Virginia Water Authority.
The property to the west is also owned by AEP and is zoned ROS. The property to the south is
zoned RM-2, on which is located a residential home. The residential area located farther from
the site along Rose A venue has no sidewalks, on-street parking or other attributes of the a village
center. The properties to the north and northeast are already commercially developed in
traditional style (parking in front).
The City revised its zoning ordinance on May 16,2011. Ordinance No. 39122-051611 states a
new purpose of CO zoned property, which is "to permit motor vehicle dependent uses that are
generally developed as single use developments on individual lots, subject to landscaping, access
and signage standards." Section 36.2-314(c). The proposed use is consistent with the CO
purpose and meets the new standards imposed by the ordinance. In addition, OBT has included
in its development plan a 10-foot shared usc path (paved concrete) connecting to Mill Mountain
trails, curb and gutter, an 8-foot planting strip with 13 deciduous street trees, a IS-foot buffer
yard on the west, and a 10- foot buffer yard on the south. Only one street access on Garden City
Boulevard is proposed. By contrast, the development plan for the convenience store approved in
2002 contains none of these amenities, and allows access from both Garden City Boulevard and
Riverland Road.
It is clear from the staff report and the minutes of the Planning Commission hearing on June 16,
2011, that City staff prefers a village center style development. However, a village center
concept is more appropriate for property zoned CN, which is "intended to promote pedestrian-
oriented development," or certain CG zoned property that has village center attributes, such as
sidewalks and on-street parking, none of which are present near the subject property. A village
center might be viable if existing properties conformed to this style, or if all propelties in a
designated village area were undeveloped, which is not the case here. Furthermore, vision 2001-
2010 does not identify Garden City Boulevard and Riverland Road as a village center. The
Oarden City plan identifies three potential village centers: Garden City Boulevard and Hartsook
19091/]/5534735v]
GENTRY LOCKE
RAKES & MCIDRE'"
The Honorable Mayor and
Members of City Council
July 14,2011
Page 3
Boulevard, Garden City Boulevard between Ray and Victory Roads, and Yellow Mountain Road
and Garden City Boulevard. Vision 2001-2020 identifies a village center at Bennington and
Riverland Road. Garden City Boulevard and Riverland Road are not mentioned in either plan.
Accordingly, we believe imposing a village center concept on the proposed development is
unfounded and inappropriate.
At the Planning Commission hearing on June 16, 2011, City staff and the Planning Commission
expressed three primary concerns about the proposed project - building orientation, impervious
surfaces, and building facade.
With respect to the building orientation, City staff prefers a building with its entrance set close to
the street and parking in the rear. City staff and the Planning Commission want the Dollar
General building moved to the east so that it is at the intersection of Riverland Road and Garden
City Boulevard, and with parking in the rear. However, Dollar General uscs trucks that are the
standard 70 feet long to make deliveries to the store. If the building and parking area were to be
"flipped" there is insufficient space for the trucks to turn around, which would require them to
back out onto Garden City Boulevard, creating a public safety and liability hazard. We will
present a visual demonstration of this at the public hearing.
Staff and the PlaIUling Commission also want the drive aisle narrowed from 36 feet to the City
minimum of 24 feet. Dollar General can narrow the drive aisle on the northern half of the
parking lot, but the drive aisle needs to be widcr on the southern half of the parking lot to
accommodate the truck turning radius requirements.
The May 16, 2011 zoning ordinance imposed new requirements for ground floor fayade
transparency. The proposed development satisfies these requirements (Sections 36.2-316 and
36.2-319). Section 36.2-316 also requires that impervious surface not exceed 85% of lot area.
The proposed development also satisfies these requirements.
With respect to the building fayade, staff expressed concerns about the window configuration
and fayade finishes. However, on May 16, 2011, City Council adopted new fayade standards.
The fayade for the proposed Dollar General store satisfies all of these new standards, including
with respect to glass. The front of the building on Riverland Road is masonry painted a "light
stone" color. The Garden City Boulevard side is 40% masonry. The other two sides are metal,
painted the same color. Notwithstanding, GBT and Dollar General are willing to discuss and
resolve these issues with City staff.
In summary, the request to amend the 2002 proffers to pennit the development of the property by
GBT for use as a Dollar General store satisfies the City's requirements under the CG zoning
designation. The request is also consistent with Vision 2001-2010. The 2002 current zoning
1909 J/1/5534735v I
GENTRY LOCKE
RAKES & MClDRE'"
The Honorable Mayor and
Members of City Council
July 14,2011
Page 4
permits by right a 24-hour highway convenience store with gas pumps and a drive-thru window.
The proposed Dollar General provides a better alternative, with operating hours between 9:00 am
- 8:00 pm, Monday - Saturday, and 10:00 am - 8:00 pm Sundays, which is much less intensive
and will generate less traffic. The building orientation is farther away from the resident on the
adjacent property than the approved convenience store. The development plan provides a
pedestrian access trail and buffering and screening not found in the 2002 development plan.
For all of these reason, we believe GBT's request to amend the existing proffers is appropriate,
satisfies all of the City's standards for development on this CG zoned parcel, provides an
appreciably better alternative to the previously approved use of the property, and is consistent
with the City's Comprehensive Plan. We also believe, however, that it is best for all concerned
to ask you to refer this matter back to the Planning Commission for further evaluation. This will
give GBT and Dollar General another opportunity to work with City staff and find a reasonable
way to address the concerns contained in the staff report and at the June 16 public hearing. We
will then come again before you with what we all hope will be an improved and acceptable
project for you to consider and approve.
Thank you for your consideration. We look forward to further discussing this with you on
Monday night.
Very truly yours,
GENTRY LOCKE RAKES & MOORE, LLP
~L
G. Michael Pace, Jr.
GMP:wgb
cc: Christopher P. Morrill
Cluis Chittum
Dylan Tarr
Austin Rogers
19091 (J /5534 735vl
6 '\..~,
/ ,-,^- ""-
~
f\1(rr A COPTE: D
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
AN ORDINANCE to amend S36.2-100, Code of the City of Roanoke (1979), as
amended, and the Official Zoning Map" City of Roanoke, Virginia, dated December 5, 2005, as
amended, by amending certain proffers incorporated by Ordinance No. 36175-121602, adopted
December 16, 2002, pertaining to certain properties located on Riverland Road, S.E., and Garden
City Boulevard, S.E.; and dispensing with the second reading by title of this ordinance.
WHEREAS, Austin Rogers, on behalf of GBT Realty Corporation, has made application
to the Council of the City of Roanoke, Virginia ("City Council"), to amend proffered conditions
as they pertain to 1261 Riverland Road, S.E., and 0 Garden City Boulevard, S.E., bearing
Official Tax Nos. 4360103 and 4360104, respectively;
WHEREAS, the City Planning Commission, after giving proper notice to all concerned
as required by S36.2-540, Code of the City of Roanoke (1979), as amended, and after conducting
a public hearing on the matter, has made its recommendation to Council;
WHEREAS, a public heating was held by City Council on such application at its meeting
on July 18, 2011, after due and timely notice thereof as required by S36.2-540, Code of the City
of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given
an opportunity to be heard, both for and against the proposed amendment; and
WHEREAS, '" this Council, after considering the aforesaid application, the
recommendation made to this Council by the Planning Commission, the City's Comprehensive
Plan, and the matters presented at the public hearing, fmds that the public necessity,
convenience, general welfare and good zoning practice, requires the amending of certain proffers
as they pertain to properties located at 1261 Riverland Road, S.E., and 0 Garden City Boulevard,
O-GBT Realty-amend existing proffers. doc
1
S.E., bearing Official Tax Nos. 4360103 and 4360104, respectively, as set forth in the Zoning
Amended Application No.1 dated May 23, 2011.
THEREFORE, BE IT ORDAINED by the Council ofthe City of Roanoke that:
1. Certain proffers accepted by City Council when it adopted Ordinance No. 36175-
121602, on December 16,2002, with respect to properties located at 1261 Riverland Road, S.E.,
bearing Official Tax No. 4360103, and 0 Garden City Boulevard, S.E., bearing Official Tax No.
4360104, be amended as set forth in the Zoning Amended Application No. 1 dated May 23,
2011; that such properties be zoned CG, Commercial General District, with the conditions
proffered by the applicant as set forth in the Zoning Amended Application No.1 dated May 23,
2011; and that g36.2-l00, 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 such action.
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
O-GBT Realty-amend existing proffers,doc
2
To:
Meeting:
Subject:
CITY COUNCIL AGENDA REPORT
Honorable Mayor and Members of the City Council
July 18, 2011
Request from Austin Rogers, on behalf of GBT Realty
Corporation, to amend Proffered Condition Nos. 5 and 7 and
repeal Proffered Condition Nos. 1, 2 and 6, as such proffers are
set forth in the Second Amended Petition to Rezone filed on
November 13, 2002, and accepted by City Council by the
adoption of Ordinance No. 36175-121602, as they pertain to
the parcel of lands at 1261 Riverland Road, S E., bearing tax no.
4360103, and 0 Garden City Boulevard, S.E., bearing tax no.
4360104, such amendment of proffers to allow for the use of
the property as a 10,650 square foot discount retail sales
establishment, as set forth in the Amendment of Proffered
Conditions Amended Application No.1 dated May 23, 2011. The
proposed general usage of the property is retail sales~ The
comprehensive plan designates the property for commercial
use.
Planning Commission Public Hearing and Recommendation
The Planning Commission held a public hearing on Thursday, June 16, 2011.
By a vote of 0 - 6, (Mr. Hale absent), the motion to recommend approval failed.
The Commission found that the proposed site layout and front building facades
are not consistent with the design principles set forth in the City's
Comprehensive Plan and the Garden City Neighborhood Plan.
Application Information
Request:
o icial Tax Nos.:
Site Area:
Existin Zonin :
Pro osed Zonin :
Amendment of Proffered Conditions (Ordinance No.
36175-121602)
WS Associates of Vir inia LLC (Victor Foti)
GBT Realt Cor oration (Austin Ro ers)
Gresham, Smith, & Partners (D Ian Tarr} __
Maribeth B. Mills
1261 Riverland Road SE and Garden City Boulevard
SE
4360103 and 4360104
1.525 Acres Total
CG, Commercial General District with conditions
CG, Commercial General District with conditions
Existin Land Use:
Pro osed Land Use:
Neighborhood Plan:
Specified Future Land
Use:
Filing Date:
Vacant
Retail sales establishment
Garden City Neighborhood Plan
Commercial
Original Application: May 3, 2011; Amended
A Iication No.1: Ma 23, 2011
Background
The subject properties were rezoned in December of 2002 from RM-1,
Residential Mixed-Density District, to C-2, General Commercial District with
conditions, to permit the construction of a highway convenience store and fast
food restaurant. Conditions adopted with this rezoning limited the property to
these two uses in a 9,750 square foot, one-story building with gas pumps, a
drive-through window, and 28 parking spaces. To mitigate the development's
impact on surrounding properties, specific building elevations, a board-on-
board privacy fence, shielded lighting, gas pump canopy standards, and
freestanding signage standards were also conditioned.
The applicant requests to amend the proffered conditions adopted in 2002 to
repeal the proffered development plan, building elevation, and gas canopy
standards. The list of permitted uses of the property would be expanded and a
prohibition on readerboard signs would be added. Existing proffers related to
fencing and site lighting would be retained in their current form. The applicant
indicates intent to construct a 10,640 square foot retail sales establishment
(Dollar General) and 35-space parking area.
The applicant's original application proffered a development plan and building
elevations. However, when the applicant indicated an unwillingness to provide
a plan consistent with design principles of the Comprehensive Plan, staff
requested that these items be deleted from the proffers rather than requiring
adherence to a plan that is inconsistent with the design principles.
Conditions Proffered by the Applicant
, .
The applicant hereby requests that the following proffered conditions enacted
by Ordinance No. 36175-121602 be amended as they pertain to Official Tax
Nos. 4360103 and 4360104.
1. Tne property will developed in substantial confonnity 'v',rith the
De'v'elopment Plan made by Lumsden Associates, dated May 10, 2001,
and attached to this amended petition as exhibit B, subject to the
following changes:
a; Any changes required by the City during the Comprehensi'v'e Site
Plan revie'v'v';
2
b; 28 parking spaces shall be provided.
2. The building will be constructed in substantial conformity with the
elevations prepared by T.A. Graham, Architect, dated January 22, 2002, a
copy of '~vhich is attached to this amended petition as exhibit c.
3. A board-on-board privacy fence, six feet high from grade, shall be erected
between the property and the adjoining residence on Garden City
Boulevard, except that the fence shall be stepped down to a finished
point that allows for the minimum sight triangle at the point of vehicular
access on Garden City Boulevard.
4. All lighting on the property shall consist of fixtures with shields designed
to minimize illumination of any off-site property.
5. This property shall be used only as a highway convenience store and fast
food restaurant, if a special exception for it is granted. Only the
following uses shall be permitted on the subject property:
a. Business service establishment
b. Medical clinic
c. Office, general or professional
d. Caterer, commercial
e. Mixed-use building, limited to the commercial uses listed herein
f Studio/multimedia production facility
g. Bakery, confectionary or similar food production, Retail
h. Contractor or special tradesman shop, General or Special Trade
i. Dry cleaning or laundry pick-up station
j. General service establishment
k. Pet grooming
I. Retail sales establishment
m. Workshop
n. Club, lodge, civic, or social organization
o. Community center
p. Eating establishment
q. Heath and fitness center
r. Meeting hall
s. Artist studio
t. Community garden
u. Day care center, Adult
v. Day care center, Child
w. Educational facilities, business school for nonindustrial trade
x. Educational facilities, Elementary/middle school
y. Educational facilities, school for the arts
z. Government offices or other government facilities, not otherwise
listed in this table
aa. Library
3
bb. Broadcasting studio or station
cc. Utility distribution, basic
dd. Wireless telecommunication facilities, stealth
6. Any canopy over the gas pump islands shall have a maximum clear
unobstructed height to its underside not to exceed fourteen (14) feet six
(6) inches and maximum O\/erall height not to exceed sixteen (16) feet six
(6) inches; there shall be no illumination of any portion of the fascia of
the canopy; the vertical dimension of the fascia of such canopy shall be
no more than two (2) feet; and signs attached to or on such canopy shall
not be illuminated and shall not extend beyond the ends or extremities of
the fascia of the canopy to whic;h or on 'vvhich they are attached. Any
lighting fixtures of sources of light that are a part of the underside of the
canopy shall be recessed into the underside of the canopy so as not to
protrude belm.,,- the canopy ceiling. All such lighting associated 'v'v'ith the
canopy shall be directed dO\1'v'nward toward the pump islands and shall
not be directed out'vvard or el:'v"v'ay from the site.
7. Freestanding signs on the subject property shall be limited in number to
one (1) which sign shall be located either on the Riverland Road frontage
or the northeast corner of the property at the intersection of Riverland
Road and Garden City Boulevard. Said sign shall be no more than 20 feet
in height with a sign surface area, per side, not to exceed 100 square
feet. Electronic readerboards shall be prohibited.
Considerations
Surroundinq Zoning and Land Use:
ZoninCl District Land Use
North CG, Commercial General District Retail sales establishment (Sanco
and 1-1, Light Industrial District Druq) and utility distribution.
South RM-2, Residential Mixed-Density Single-family residences.
District
East ROS, Recreation and Open Space Vacant.
District
West ROS, Recreation and Open Space Vacant.
District
Compliance with the Zoninq Ordinance:
Development of the building and site would be subject to these requirements of
the CG District:
· A minimum 25 percent ground floor fa~ade transparency and entrance on the
building fa~ade meeting the maximum front yard setback requirement and a
4
minimum 12.5 percent ground floor fac;ade transparency on any other fac;ade
facing a public street (Section 36.2-319).
. Pedestrian accommodations from the primary entrance to the public sidewalk
(Section 36.2-318).
. No parking between the right-of-way and the principal building (Section 36.2-
654(d)(2)). This provision applies to only one of the two frontages.
. Buffer yards along both side lot lines (Section 36.2-647).
Current zoning regulations for corner lots require that the building be located
near only one of the two street frontages. Additionally, the requirement that
parking not be located between the building and the street frontage applies
only to one of the two street frontages, Ideally, however, on a lot with corner
frontages, the building would be constructed near both street frontages, with
parking located to the interior of the site.
Under current zoning regulations, the developer has the option' of choosing the
street frontage on which to meet maximum yard requirements and minimum
glazing (window) requirements. Recent experience has shown that providing
this option becomes problematic when a developer chooses to pull the building
back from more active frontages and place it closer to adjoining residential
areas. In response, staff is in the process of developing a proposal to amend
the zoning ordinance to require buildings to address streets consistent with
commercial design principles.
The City's ability to accept proffered conditions provides an opportunity for the
applicant to ensure a more desirable site layout than what results from meeting
the minimum requirements of the zoning ordinance.
Pursuant to See. 36.2-630, the developer would be required to install
streetscape improvements within the right-of-way along Riverland Road SE and
Garden City Boulevard, SE. Given the site's location along a future greenway
corridor, such improvements should conform to the Street Design Guidelines for
the City of Roanoke, which specify curb and gutter, an 8-foot wide planting strip
with large deciduous trees, a 1 O-foot wide shared use path, and an ADA curb
ramp at the intersection.
Use of the property, currently limited to a 'highway convenience store' and 'fast
food restaurant', would be expanded to include 30 of the permitted uses of the
CG District. Any of the listed uses could be appropriate for this location either
as primary or ancillary uses.
Restrictions on freestanding signs would be expanded to prohibit electronic
readerboard signs.
Under current zoning regulations for buffer yards, the developer has an option
to provide either a fence with a small width buffer yard or a wider buffer yard
5
with no fence. The proffered condition, which is being retained, specifies that
the six-foot tall fence would be incorporated into the buffer yard.
Conformity with the Comprehensive Plan and Neiqhborhood Plan:
Both Vision 2001-2020 and the Garden City Neighborhood Plan stress the
importance of applying pedestrian oriented design principles to new
construction, especially in identified village center such as the intersection of
Riverland Road SE and Garden City Boulevard SE. The existing development
pattern of this village center can be described as linear, low-density, and
disjointed. Parcels are not used to their maximum potential and excessively-
large surface parking lots are accessed by multiple vehicular entrances. The
Design Principles of Vision 2001-2020 recommends that buildings be used to
define a public street with minimal parking located in a subordinate location.
This compact form of development maximizes the use of the City's scarce land
resources and encourages pedestrian activity.
Staff recommended these changes to the applicant to make the proposal more
consistent with the City's design principles:
1. Site the building at the corner of Riverland Road and Garden City
Boulevard, while still respecting the Garnand Branch floodway, with
parking to the side and/or rear of the building. The concept plan shows
the building sited away from Garden City Boulevard with parking located
between the building and this frontage. Staff and the Commission
believe it is critical to have the building address both street frontages by
locating it near the street intersection.
2. Reconfigure the windows so that they are of consistent size and spacing.
3. Apply a consistent finish material to the building elevations visible from
the street. The proposed building exterior is a combination of materials.
Split-faced concrete block covers the exterior on the Riverland Road
fa<;ade and a portion of the Garden City Boulevard facade. Corrugated
metal panels cover the remainder of the bUilding and are the
predominant exterior finish.
4. Reduce the width of drive aisles to the minimum allowed by the City's
Zoning Ordinance to decrease the amount of excessive and unnecessary
impervious surface on site.
The Commission and staff believe that adherence to such design principles is
essential to maintaining the viability of the adjacent residential use and become
more critical at prominent locations where more neighborhood-oriented
commercial development/redevelopment is desired.
The following policies of Vision 2001-2020 are relevant in the consideration of
this application: /
6
· EC P2. Greenways. Roanoke will develop a high-quality network of
regional greenways for recreation, conservation, and transportation.
· EC P4. Environmental quality. Roanoke will protect the environment
and ensure quality air and water for citizens of the region.
o EC A 13. Limit the amount of impervious surfaces to reduce
runoff.
· ED P6. Commercial development. Roanoke will encourage commercial
development in appropriate areas (i.e. key intersections and centers)
of Roanoke to serve the needs of citizens and visitors.
· ED PB. Village centers. Village centers will be pursued as an
economic development strategy to strengthen neighborhoods and the
City's economy.
· IN P4. Parking. Roanoke will encourage on-street parking wherever
possible and discourage excessive surface parking lots. '
The following policies of the Garden City Neighborhood Plan are relevant in the
consideration of this application:
. Community Design Policies:
o Development patterns will be organized around four commercial
centers located long Garden City Boulevard.
o Provide continuous pedestrian and bicycle access along Garden
City Boulevard.
· Economic Development Policies:
o Village centers should provide a pedestrian oriented commercial
area for nearby residents.
· Infrastructure Policies:
o Curb, gutter, and sidewalk will be provided for all new
developments. Appropriate species of trees should be planted
as a part of such improvements.
· Quality of Life Policies:
o The greenway routes of the Roanoke Valley Conceptual
Greenway Plan will be developed to enhance the quality of life in
the area.
· Develop the Garnand Branch Greenway with a combination
of on and off-road facilities.
Conformity with Vision 200 i -2020's Design Principles:
Desi n Princi les:
Building location and deSign should
be considered as important
elements of the streetscape and
should be used to define the street
corridor as a public place,
es eciall at ma'or intersections.
Parkin should be located on the
A lication's Con ormit :
The proposed building does not
define the streetscape. A plan
showing the building repositioned
to address the corner of Riverland
Road and Garden City Boulevard
should be roffered.
Parkin has been located at the
7
street or to the rear or side of
principal buildings.
Village centers should have broad
sidewalks that provide strong
pedestrian links into the
surroundin nei hborhoods.
Planting strips should be used to
accommodate street trees.
Visual clutter and excessive lighting
should be discouraged. Signs
should be consolidated and
attractively designed.
Planninq Commission Public Hearinq:
corner of Riverland Road and
Garden City Boulevard, the most
prominent portion of the site,
which is inconsistent with design
rinci les.
A 10 foot shared use path has been
provided around the perimeter of
the site along Riverland Road and
Garden Cit Boulevard.
An 8 foot planting strip with large
deciduous trees to be selected from
the Street Design Guidelines has
been rovided.
Shielded lighting and maximum
freestanding signage standards
have been proffered. Only one sign,
would be permitted with a
maximum height of 20 feet and
sign area of 100 square feet. The
CG District, as it applies to this site,
allows for two freestanding signs
with a maximum height of 25 feet
and sign area of 1 square foot per
linear foot of lot frontage on which
the sign is located. Electronic
readerboards would also be
rohibited.
The Planning Commission held a public hearing on June 16, 2011. One citizen,
a resident of the adjacent property, spoke in opposition to the request.
Mr. Chittum reported that staff could not support the application in its current
form, primarily-because of the building location and the excessive width of the
parking aisle.
Commission members discussed the applicant's unwillingness to respond to
staff recommendations on building placement, parking aisle width, and fa<;ade
improvements.
Mr. Williams discussed the underused shopping center near the site and said we
shouldn't be expanding commercial areas until other existing commercial sites
are built-out.
8
Mr. Jason Mogensen, a resident at 2237 Garden City Boulevard (which adjoins
the subject property), stated that he agreed that there were plenty of shopping
areas and parking and the area seemed to be pretty vacant. He stated that it
seemed unnecessary to be the way it was proposed.
Commission members questioned the orientation of the building and parking
area and suggested an alternative site layout. The applicant responded that
they needed this orientation so customers could see the parking lot and so
large trucks could make deliveries to the site.
The Commission expressed concerns that poor commercial site and building
layout may compromise the viability of adjacent residential development and
result in further commercial creep. Ms. Katz stated if you have good
commercial design next to a home that is much less likely to happen.
Mr. Futrell added that the site is also next to a recreational area and the parking
area for the Mill Mountain trails. He stated that we are promoting the Roanoke
Region as an outdoor area. He said he could not support seeing something that
meets only minimum requirements and detracts from the beauty of the area.
<":..t, Angela Penn, Chair
tv City Planning Commission
cc: Chris Morrill, City Manager
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
9
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
Date: /May 23, 2011
ROANOKE
II~>tCflC~l~~J~;t8_E!iht;:~~; ~
Submittal Number: lAm ended Application No.1
,
o Rezoning, Not Otherwise Listed
o Rezoning, Conditional
o Rezoning to Planned Unit Development
o Establishment of Comprehensive Sign Overlay District
~~~~Yn~~
[8] Amendment of Proffered Conditions
o Amendment of Planned Unit Development Plan
o Amendment of Comprehensive Sign Overlay District
Address: 1261 Riverland Road SE and Garden City Blvd SE
Official Tax No(s).: 14360103 and 4360104
Existi~g Base Zoning: .. ICG} Commercial-General
(If multiple zones, please manually enter all dlstncts.)
Ordinance No(s). for Existing Conditions (If applicable): 136175-121602
ICG, Commercial-General I Proposed Land Use: IRetail
I [8] With Conditions
o Without Conditions
+ 1 (540) 314-8000 I
I
Name:
W 5 Associates of Virginia LLC (Representative: Victor Foti)
Phone Number: -
Address: 15041 A Benois Road; Roanoke VA 24014
d~_ J.. J-d:. J ~,
Property Owner's Signature:
I E-Mail: I
Phone Number: I +1 (615) 370-0670 I
"E.~rvrail: larogers@gbtrealty.com I
Phone Number: I +1 (617) 770-8159 J
E-Mail: Idylan_tarr@9spnet.com
IX Completed application form and checklist.
IX. Written narrative explaining the reason for the request.
IX Location map.
15I. Adjoining property owners list.
IX Metes and bounds description, if applicable.
IX Required fee.
C Concept plan meeting the Application Requirements of item #4 in Zoning Amendment Procedures,
r Written proffers.
r Concept plan meeting the Application Requirements of item #4 in Zoning Amendment Procedures, Please label as 'development
-- plan' if proffered.
r Development plan meeting the Application Requirements of item #4 in Zoning Amendment Procedures,
C Comprehensive signage plan meeting the requirements of Section 36.2-336(d) of the City's Zoning Ordinance.
IX Amended development plan meeting the Application Requirements of item #4 in Zoning Amendment Procedures, if applicable.
r Amended concept plan meeting the Application Requirements of item #4 in Zoning Amendment Procedures, if applicable.
IX Written proffers to be repealed.
IX Written proffers to be adopted, if applicable. If some of the existing proffers are to be retained, please include these in this list.
Ix: Copy of previously adopted Ordinance.
C Amended development plan meeting the Application Requirements of item #4 in Zoning Amendment Procedures,
C Copy of previously adopted Ordinance.
C Amended comprehensive signage plan meeting the requirements of Section 36.2-336(d) of the City's Zoning Ordinance.
C Copy of previously adopted Ordinance.
C A Traffic Impact Study in compliance with Appendix B-2(e) of the City's Zoning Ordinance.
r Cover sheet.
r Traffic impact analysis.
r Concept plan.
e: Proffered conditions, if applicable.
r Required fee,
*An electronic copy of this application and checklist can be found at www.roanokeva.gov/pbd by clicking 'Applications, Agreements, Bonds, and
Schedule of Fees', A complete packet must be submitted each time an application is amended, unless otherwise specified by staff.
Narrative explainin~ the reason for the request:
The applicant would like to amend the proffers as adopted by the city council to
allow for use of the property as a discount retail store as well as some other uses
as outlined in the amended proffers below. The proposed development would
consist of a 10,640 square foot retail sales establishment and thirty five parking
spaces. The applicant will, per the zoning ordinance, install privacy fence along
the south and west sides of the property as part of the required landscape
buffers.
The applicant believes this use of retail sales establishment is in character with
the neighborhood and in line with the previously approved proposal. The
proposed use is less impactful to the neighborhood in both traffic generation and
possible environmental impacts than the previously approved proposal. With the
~ site having been vacant since the 2002 rezoning, it has become apparent that
the limitations put on the property by the existing proffers have hindered its
development. The applicant believes amendment of the proffers will allow the
property to be developed and redeveloped in line with the city's vision for the
area.
Metes and bounds description of property:
Tax Map# 4360104:
BEGINNING AT REBAR FOUND IN THE SOUTHERN RIGHT-OF-WAY OF
RIVERLAND ROAD S.E., THENCE ALONG SAID RIGHT-OF-WAY THE
FOLLOWING COURSES; ALONG A CURVE TO THE LEFT HAVING A
CENTRAL ANGLE OF 8 DEGREES 09 MINUTES 17 SECONDS, A LENGTH
OF 167.36 FEET, A RADIUS OF 1175.91 FEET, A CHORD LENGTH OF 167.22
FEET AND A CHORD BEARING OF SOUTH 77 DEGREES 45 MINUTES 37
SECONDS EAST TO A REBAR FOUND, ALONG A CURVE TO THE LEFT
HAVING A CENTRAL ANGLE OF 5 DEGREES 13 MINUTES 21 SECONDS, A
LENGTH OF 60.76 FEET, A RADIUS OF 666.62 FEET, A CHORD OF 60.74
FEET AND A CHORD BEARING OF SOUTH 84 DEGREES 26 MINUTES 56
SECONDS EAST TO A REBAR FOUND, SOUTH 51 DEGREES 03 MINUTES
44 SECONDS EAST 62.49 FEET TO A REBAR FOUND IN THE WESTERN
RIGHT-OF-WAY OF GARDEN CITY BOULEVARD; THENCE ALONG SAID
RIGHT-OF-WAY ALONG A CURVE TO THE RIGHT HAVING A CENTRAL
ANGLE OF 9 DEGREES 35 MINUTES 21 SECONDS, A LENGTH OF 91.71
FEET, A RADIUS OF 547.96 FEET, A CHORD OF 91.60 FEET AND A CHORD
BEARING OF SOUTH 06 DEGREES 31 MINUTES 15 SECONDS WEST TO A
REBAR FOUND; THENCE LEAVING SAID RIGHT-OF-WAY NORTH 71
DEGREES 13 MINUTES 34 SECONDS WEST 284.80 FEET TO A REBAR
FOUND; THENCE NORTH 05 DEGREES 24 MINUTES 26 SECONDS EAST,
PASSING AN ANGLE IRON FOUND AT 71.42 FEET, A TOTAL DISTANCE OF
80.31 TO THE POINT OF BEGINNING AND CONTAINING 0.608 ACRES.
Tax Map # 4360103
BEGINNING AT REBAR FOUND IN THE WESTERN RIGHT-OF-WAY OF
GARDEN CITY BOULEVARD, THENCE ALONG SAID RIGHT-OF-WAY THE
FOLLOWING COURSES; ALONG A CURVE TO THE RIGHT HAVING A
CENTRAL ANGLE OF 0 DEGREES 09 MINUTES 40 SECONDS, A LENGTH
OF 1.54 FEET, A RADIUS OF 547.96 FEET, A CHORD OF 1.54 FEET AND A
CHORD BEARING OF SOUTH 11 DEGREES 23 MINUTES 44 SECONDS
WEST TO A POINT, SOUTH 11 DEGREES 28 MINUTES 34 SECONDS WEST
103.10 FEET TO A REBAR FOUND, ALONG A CURVE TO THE RIGHT
HAVING A CENTRAL ANGLE OF 4 DEGREES 27 MINUTES 37 SECONDS, A
LENGTH OF 20.36 FEET, A RADIUS OF 261.48 FEET, A CHORD OF 20.35
FEET AND A CHORD BEARING OF SOUTH 13 DEGREES 42 MINUTES 22
SECONDS WEST TO A REBAR FOUND, SOUTH 74 DEGREES 03 MINUTES
50 SECONDS EAST 18.97 FEET TO A REBAR FOUND, SOUTH 18 DEGREES
16 MINUTES 30 SECONDS WEST 19.90 FEET TO A REBAR FOUND;
THENCE LEAVING SAID RIGHT-OF-WAY NORTH 71 DEGREES 13 MINUTES
34 SECONDS WEST, 285.03 FEET TO A REBAR FOUND; THENCE NORTH
05 DEGREES 24 MINUTES 26 SECONDS EAST 147.00 FEET TO A REBAR
FOUND; THENCE SOUTH 71 DEGREES 13 MINUTES 34 SECONDS EAST
284.80 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.917
ACRES.
Right-or-Wav dedication along Riverland Road S.E. -1.194 SQ. Ft.
BEGINNING AT A REBAR FOUND IN THE SOUTHERN RIGHT-OF-WAY OF
RIVERLAND ROAD S.E., THENCE ALONG SAID RIGHT -OF - WAY ALONG A
CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 8 DEGREES 09
MINUTES 17 SECONDS, A LENGTH OF 167.36 FEET, A RADIUS OF 1175.91
FEET, A CHORD OF 167.22 FEET AND A CHORD BEARING OF SOUTH 77
DEGREES 45 MINUTES 37 SECONDS EAST TO A REBAR FOUND; THENCE
CONTINUING ALONG SAID RIGHT-OF-WAY ALONG A CURVE TO THE LEFT
HA VING A CENTRAL ANGLE OF 5 DEGREES 13 MINUTES 21 SECONDS, A
LENGTH OF 60.76 FEET, A RADIUS OF 666.92 FEET, A CHORD OF 60.74 FEET
AND A CHORD BEARING OF SOUTH 84 DEGREES 26 MINUTES 56 SECONDS
EAST TO A REBAR FOUND; THENCE SOUTH 51 DEGREES 03 MINUTES 44
SECONDS EAST 11.10 FEET TO A POINT; THENCE LEAVING THE EXISTING
RIGHT-OF-WAY AND ALONG THE NEW PROPOSED RIGHT-OF-WAY OF
RIVERLAND ROAD S.E. ALONG A CURVE TO THE RIGHT HAVING A
CENTRAL ANGLE OF 11 DEGREES 30 MINUTES 59 SECONDS, A RADIUS OF
1180.91 FEET, A LENGTH OF 237.36 FEET, A CHORD OF 236.96 FEET AND A
CHORD BEARING OF NORTH 79 DEGREES 29 MINUTES 16 SECONDS WEST TO
A POINT; THENCE NORTH 5 DEGREES 24 MINUTES 26 SECONDS EAST 5.09
FEET TO THE POINT OF BEGINNING.
Right-or-Wav dedication along Garden City Blvd S.E. -1.710 SQ. Ft.
BEGINNING AT A REBAR FOUND IN THE WESTERN RIGHT-OF- WAY OF
GARDEN CITY BLVD S.E., THENCE ALONG SAID RIGHT-OF- WAY THE
FOLLOWING COURSES; ALONG A CURVE TO THE RIGHT HAVING A
CENTRAL ANGLE OF 9 DEGREES 35 MINUTES 21 SECONDS, A LENGTH OF
91.71 FEET, A RADIUS OF 547.96 FEET, A CHORD OF 91.60 FEET AND A
CHORD BEARING OF SOUTH 06 DEGREES 31 MINUTES 15 SECONDS WEST TO
A REBAR FOUND, ALONG A CURVE TO THE RIGHT HAVING A CENTRAL
ANGLE OF 0 DEGREES 09 MINUTES 40 SECONDS, A LENGTH OF 1.54 FEET, A
RADIUS OF 547.96 FEET, A CHORD OF 1.54 FEET AND A CHORD BEARING OF
SOUTH 11 DEGREES 23 MINUTES 44 SECONDS WEST TO A POINT, SOUTH 11
DEGREES 28 MINUTES 34 SECONDS WEST 103.10 FEET TO A REBAR FOUND;
THENCE LEAVING THE EXISTING RIGHT-OF- WAY AND ALONG THE NEW
PROPOSED RIGHT-OF-WAY OF GARDEN CITY BLVD. S.E. NORTH 5 DEGREES
46 MINUTES 14 SECONDS EAST 203.30 FEET TO A POINT; THENCE SOUTH 51
DEGREES 03 MINUTES 44 SECONDS EAST 13.86 FEET TO THE POINT OF
BEGINNING.
Written proffers to be amended:
The applicant hereby requests that the following proffered conditions enacted by
Ordinance No. 36175-121602 be amended as they pertain to Official Tax Nos. 4360103
and 4360104.
1. The property will be developed in substmti~1 conformity with the
Development PI::m m3de by Lumsden /\(;SOci3tes, d3ted May 10, 2001, 3nd
att3ched to this amended petition 3S Exhibit B, Subject to the following
changes:
~. Any changes required by the City during the Comprehensive Site Plan
revimv;
b. 28 parking spaces shall be provided;
2. The building '.viII be constructed in substantial conformity with the elev3tions
prep3red by T.A Grah3m, ,^.rchitect, d3ted January 22, 2002,3 copy of \vhich
is attached to this amended petition as Exhibit C.
3. A board-an-board privacy fence, six feet high from grade, shall be erected
between the property and the adjoining residence on Garden City Boulevard,
except that the fence shall be stepped down to a finished point that allows for
the minimum sight triangle at the point of vehicular access on Garden City
Boulevard.
4. All lighting on the property shall consist of fixtures with shields designed to
minimize illumination of any off-site property.
5. This property shall be used only 3(; a highway convenience store 3nd f3st
food rostaurant, if 3 sped31 exception for it is granted. Only the following
uses shall be permitted on the subject property:
a. Business service establishment
b. Medical clinic
c. Office, general or professional
d. Caterer, commercial
e. Mixed-use building, limited to the commercial uses listed herein
f. Studio/multimedia production facility
g. Bakery, confectionary or similar food production, Retail
h. Contractor or tradesman shop, General or Special Trade
i. Dry cleaning or laundry pick-up station
j. General service establishment
k. Nursery or greenhouse, commercial
I. Personal service establishment
m. Pet grooming
n. Retail sales establishment
o. Workshop
p. Club, lodge, civic or social organization
q. Community center
r. Eating establishment
s. Health and fitness center
t. Meeting hall
u. Artist studio
v. Community garden
w. Day care center, Adult
x. Day care center, Child
y. Educational facilities, business school for nonindustrial trade
z. Educational facilities, Elementary/middle school
aa. Educational facilities, Industrial trade school
bb. Educational facilities, school for the arts
cc. Government offices or other government facilities, not otherwise listed
in this table
dd. Library
ee. Broadcasting studio or station
ft. Utility distribution or collection, basic
gg. Wireless telecommunication facility, stealth
6. ^ny canopy over the gas pump islands shall have a maximum clear,
unobstructed height to its underside not to exceed fourteen (14) feet six (6)
inches and maximum overall height not to exceed sixteen (16) feet six (6)
inches; there shall bo no illumination of any portion of the bscia of the
canopy; the vertioal dimension of the fascia of such canopy shall be no more
than 1\"10 (2) feet; and signs attached to or on such canopy shall not be
illuminated and shall not extend beyond the ends or extremities of tho fascia
of the canopy to which or on which they are attached. /\ny lighting fixtures or
source!:: of light that are a part of the underside of the canopy shall be
recessed into the underside of the canopy so as not to protrude belm", the
canopy ceiling. ,^.I1 such lighting associated with the canopy shall be directed
downward toward the pump islands and shdll not be directod outv.'ard or
away from the site.
7. Freestanding signs on the subject property shall be limited in number to one
(1) which sign shall be located either on the Riverland Road frontage or the
northeast corner of the property at the intersection of River/and Road and
Garden City Boulevard. Said sign shall be no more than 20 feet in height
with a sign surface area, per side, not to exceed 100 square feet. Electronic
readerboards shall be prohibited.
,.~
c$. A ()11'
7\,,:>.
\~ \;
..._-~----------------
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of December, 2002.
No. 36175-121602.
AN ORDINANCE to amend ~36.1-3, Code of the City of Roanoke (1979), as
amended, and Sheet No. 436, Sectional 1976 Zone Map, City of Roanoke, to rezone certain
property within the City, subject to ce11ain conditions proffered by the applicant; and
dispensing with the second reading of this ordinance.
WHEREAS, WS Associates of Virginia, L.L.C., has made application to the Council
of the City of Roanoke to have the hereinafter described property rezoned from to RM-l,
Residential Multi-Family, Low-Density District, to C-2, General Commercial District,
subject to certain conditions proffered by the applicant; and
WHEREAS, the City Planning Commission, which after giving proper notice to all
concerned as required by 936."1-693, Code of the City of Roanoke (1979), as amended, and
after conducting a public hearing on the matter, has made its recommendation to Council;
and
WHEREAS, a public hearing was. held by City Council on said application at its
meeting on December 16,2002, after due and timely notice thereof as required by 936.1-693,
Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and
citizens were given an opportunity to be hear.d~ both ror and against the proposed rezoning;
and
.----
WHEREAS, this Council, after considering the aforesaid application, the
recommendation made to the Council by the Planning Commission, the City's
Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that
the hereinafter described property should be rezoned as herein provided.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that:
1. Section 36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet
No. 436 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following
particular and no other:
II
Those two tracts ofland located at the intersection of 1261 Riverland Road, S.E., and
Garden City Boulevard, S.E., identified as Official Tax Map Numbers 4360104 and 4360] 03,
and designated on Sheet No. 436 of the Sectional 1976 Zone Map, City of Roanoke, be, and
are hereby rezoned from RM~l, Residential Multi~Family, Low-Density District, to C-2,
General Commercial District, subject to the proffers contained in the Second Amended
Petition filed in the Clerk's Office on November 13,2002, and that Sheet No. 436 of the
Zone Map be changed in this respect.
2. Pursuantto the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
~
/.L
ATTEST:
H:\ORDINANCESIO-IlEZO. WS ASSOC OF VA 121602.DOC
\
i
. ---*-.~.~~--_._-- --..----..--..-.--.--...
IN THE COUNCIL OF THE CITY OF ROANOKE. VIRGINIA
IN RE:
Rezoning of two tracts of land located at tbe intersection of 1261 Riverland Road,
S.E. and Garden City Boulevard, S.E., identified as official Tax Map Numbers.
4360104 and 4360103, from RM-1, Residential Multi-Family, Low-Density District,
to C-2, General Commercial District, such rezoning to be subject to certain
conditions.
SECOND AMENDED PETITION
-
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE
CITY OF ROANOKE, VIRGINIA:
Petitioner WS ASSOCIATES OF VIRGINIA, L.L.C. owns real property in the
City of Roanoke, Virginia, containing 2 acres, more or less, located at the intersection of
Riverland Road and Garden City Boulevard and being Tax Map Numbers 4360104 and
4360103. The property is currently zoned RM-l Residential Multi-Family Low-Density
District. A map of the property to be rezoned is attached as Exhibit A.
Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended,
Petitioner requests that the said property be rezoned from RM-l, Residential
Multi-Family, Low-Density District, to C-2, General Connnercial District, subject to
certain conditions set forth below, for the purpose of pemritting a highway convenience
store and fast food restaurant on the property. The conceptual development plan prepared
by Lumsden Associates, dated May 10, 2001, is attached hereto as Exhibit 13
("Development Plan").
~-~ ----...-...--..--.- --..----- ---..--- -- -.
Your petitioner believes the rezoning of the property will further the intent and
purposes of the City's Zoning Ordinance and Vision 2001-2020 Comprehensive Plan.
This property is located along and would be oriented toward Riverland Road. This
project will promote quality development and good use along the Riverland Road
corridor. Landscaping and buffering is intended to protect the residential neighborhood
on Garden City Boulevard.
Your petitioner hereby proffers and agrees that if the said tract is rezoned as
requested, that the rezoning will be subject to, and that it will (bide by, the following
conditions:
1. The property will be developed in substantial conformity with the
Development Plan made by Lumsden Associates, dated May 10, 2001, and attached to
this amended petition as Exhibit B, subject to the following changes:
(a) any changes required by the City during the Comprehensive Site
Plan review;
(b) 28 parking spaces shall be provided;
2. The building will be constructed in substantial conformity with the
elevations prepared by T. A. Graham, Architect, dated January 22,2002, a copy of which
is attached to this amended petition as Exhibit C.
3. A board-on-board privacy fence, six feet high from grade, shall be erected
between the property and the adjoining residence on Garden City Boulevard, except that
2
. - .- ~~".."._ _ 4______.~ . . ___ "__".
the fence shall be stepped down to a finished point that allows for the minimum sight
triangle at the point of vehicular access on Garden City Boulevard.
4. All lighting on the property shall consist of fixtures with shields designed
to minimize illumination of any off-site property.
5. This property shall be used only as a highway convenience store and fast
fo.o.d..restaurant,.if.a..spe.ciaLe.xception for it i~anted.
6. Any canopy over the gas pump islands shall have a maximum clear,
unobstructed height to its underside not to exceed fourteen (14) feet six (6) inches and
maximum overall height not to exceed sixteen (16) feet six (6) inches; there shall be no
illuinination of any portion of the fascia of the canopy; the vertical dimension of the
fascia of such canopy shall be no more than two (2) feet; and signs attached to or on
such canopy shall not be illuminated and shall not extend beyond the ends or
extremities of the fascia of the canopy to which or on which they are attached. Any
lighting fixtures or sources of light that are a part of the underside of the canopy shall
be recessed into the underside of the canopy so as not to protrude below the canopy
ceiling. All such lighting associated with the canopy shall be directed downward
toward the pump islands and shall not be directed outward or away from the site.
7. Freestanding signs on the subject property shall be limited in number to
one (1) which sign shall be located either on the Riverland Road frontage or the northeast
corner of the property at the intersection of Riverland Road and Garden City Boulevard.
3
... -.."-.-....,. .._....__.....-~__h__.__u. _..._. .._'."_'__.~_~_._,....
Said sign shall be no more than 20 feet in height with a sign surface area, per side, not to
exceed 1 00 square feet.
Attached as Exhibit D are the names, addresses and tax numbers of the owners of
all lots or properties immediately adjacent to, immediately across a street or road from the
property to be rezoned.
WHEREEORE,-Y1)ur...P.etitioner_requests_thaU:he...ab.oy.e~described.tr.act-he1ezoned
as requested in accordance. with the provisions of the Zoning Ordinance of the City of
Roanoke.
I
This Second Amended Petition is respectfully submitted this /3r1... day of
AJalte~ ,2002.
WS ASSOCIATES OF VIRGINIA, L.L.C.,
a Virginia limited liability Gompany
BY:~F~/~
. Of Counsel
Maryellen F. Goodlatte, Esq.
Glenn, Feldmann, Darby & Gqodlatte
210 1st Street, S.W., Suite 200
P. O. Box 2887
Roanoke, Virginia 24001-2887
(540) 224-8018 - Telephone
. (540) 224-8050 - Facsimile
mgoodlatte@gfdg.com
4
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The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
--------------------------------------------------+------------------------
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GBT REALTY CORPORATION
SUITE 110
201 SUMMIT VIEW DR
BRENTWOOD TN 37027
REFERENCE:
80178879
12693754
NPH-GBT Realty
State of Virginia
City of Roanoke
I, (the undersigned) an authorized representative
of the Times-World Corporation, which corporation
is publisher of the Roanoke Times, a daily
newspaper published in Roanoke, in the State of
Virginia, do certify that the annexed notice was
published in said newspapers on the following
dates:
City/County of Roanoke, Commonwealth/State of
Virginia. Sworn and subscribed before me this
__l~~day of JULY 2011. Witness my hand and
official seal.
Notary Public
PUBLISHED ON:
07/01
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07/08
TOTAL COST:
FILED ON:
574.08
07/11/11
NOTICE OF PUBLIC
HEARING r - __
The Council of the City of ! the matte;.-,r---:' -. '.
R9anoke will hold a public' , person witha"if.xgy are a
'I' hearing on Monday, July 18, ',/ needs acco Isa..!.',ty, Who;
2011, at 7:00 p,m" or as , this hearin .~s fori
; soon thereafl~r as the ,I the City C/erk~ tact"
i maller,may be heard, in the i 853-2541 b€fs ce, at
I CounCil Chamber, fourth i the Thurs'da ore noon on I
I, floor, in the ,N,oel C. Taylor ,Ii date of the h~:~fo,r~ the,
I' Municipal Building, 215 ,I above. nng lIsted
Church Avenue, S,W., I GIVEN under
Roanoke, Virginia, to ..l28thdayOfJun~y2~~ndthis
consider the following: , Stephanie M M 1.
Request from Austin f . Op~,MMC
Rogers, on oehalf of GBT CIty Clerk..
Realty Corporation, to (12693754) "
amend proffered conditions Y
as they pertain to 1261
Riverland Road, S,E., and 0
Garden City Boulevard, S.E.,
i bearing Official Tax Nos.
4360103 and 4360104,
respectively, such
amendment of proffers to
limit the use of the property
to an enumerated list of
uses permitted in the CG,
Commercial General
District, including certain
general commercial and
retail establishments,
offices, service
establishments, eating and
entertainment estab-
lishments, governmental,
community and educational
facilities, and broadcast
/utility/ wireless facilities;
to restrict the use of
freestanding signs and"
prohibit electroni'c,
readerboards; to require
certain fencing and lighting;
and to remove proffers
relating to the layout and
design of the subject
properties as a highway
convenience store and fast
food restaurant, all of which
i.s set f,o r t h i nth e
Amendment of Proffered
Conditions Amended
Application No, 1 dated May
23, 2011. The
comprehens1ve plan
designates the properties
for commercial use, and the,
proposed general usage of'
the property is a 10,650
square foot discount retail
sales establishment.
A copy of the 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,
All parties in interest and '
, citizens may appear on the '
above date and be heard, on .
~'
---
--------------------------------------------------+---~--------------------
,\. ~ ~i~(
Authorized~ ~
Signature:;f~~v-,
Billing Services Representative
~
s1:, r,\ 'V
\'rr::\.\
19'.
NOTICE OF PUBLIC HEARING
The Council ofthe City of Roanoke will hold a public hearing on Monday, July 18, 2011, at 7:00
p.m., or as soon thereafter as the matter may be 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 Austin Rogers, on behalf of GBT Realty Corporation, to amend
proffered conditions as they pertain to 1261 Riverland Road, S.E., and 0 Garden
City Boulevard, S.E., bearing Official Tax Nos. 4360103 and 4360104, respectively,
such amendment ofproffers to limit the use of the property to an enumerated list of
uses permitted in the CG, Commercial General District, including certain general
commercial and retail establishments, offices, service establishments, eating and
entertainment establishments, governmental, community and educational facilities,
and broadcast/utility/wireless facilities; to restrict the use of freestanding signs and
prohibit electronic readerboards; to require certain fencing and lighting; and to
remove proffers relating to the layout and design of the subject properties as a
highway convenience store and fast food restaurant, all of which is set forth in the
Amendment of Proffered Conditions Amended Application No.1 dated May 23,
2011. The comprehensive plan designates the properties for commercial use, and the
proposed general usage of the property is a 10,650 square foot discount retail sales
establishment.
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.
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 the Thursday before the date ofthe hearing listed above.
GIVEN under my hand this28th day of June
, 2011.
Stephanie M. Moon, MMC
City Clerk.
GBT Realty-amend proffers.doc
Notice to Publisher:
Publish in the Roanoke Times on Friday, July 1 and Friday July 8, 2011.
Send affidavit to:
Stephanie M. Moon, MMC,
City Clerk
215 Church Avenue, S. W.,
Room 456
Roanoke, Virginia 24011
(540) 853-2541
Send Bill to:
Austin Rogers
GBT Realty Corporation
201 Summit View Drive, Suite 110
Brentwood, Tennessee 37027
(615) 370-0670
arogers@gbtrealty.com
NPH-GBT Realty-amend proffers,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
STEPHANIE M. MOON, MMC
City Clerk
JONATHAN E. CRAFT
Deputy City Clerk
July 7,2011
CECELlA T. WEBB
Assistant Deputy City Clerk
Austin Rogers
GBT Realty Corporation
201 Summit View Drive, Suite 110
Brentwood, Tennessee 37027
Dear Mr. Rogers:
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, July 18,
2011, 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 request of Austin Rogers, representing GBT Realty Corporation, to amend
proffered conditions as they pertain to 1261 Riverland Road, S. E., and 0 Garden City
Boulevard, S. E., such amendment of proffers to limit the use of the property to an
enumerated list of uses permitted in the CG, Commercial General District; to restrict the use
of freestanding signs and prohibit electronic readerboards; to require certain fencing and
lighting; and to remove proffers relating to the layout and design of the subject properties as
a highway convenience store and fast food restaurant, all of which is set forth in the
Amendment of Proffered Conditions Amended Application NO.1 dated May 23, 2011.
For your 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 th~ July 18th public
hearing. Failure to appear could result in a deferral of the matter until a later date.
Sincerely,
>. .J 00-" {)WJ
Stephanie M. Moon, MMC rv;
City Clerk
SMM:ctw
Enclosure
,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
JONATHAN E. CRAFT
Deputy City Clerk
STEPHANIE M. MOON, MMC
City Clerk
July 7,2011
CECELIA T. WEBB
Assistant Deputy City Clerk
To Adjoining Property Owners
Ladies and Gentlemen:
Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of
Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, July 18,
2011, 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 request of Austin Rogers, representing GBT Realty Corporation, to amend
proffered conditions as they pertain to 1261 Riverland Road, S. E., and 0 Garden City
Boulevard, S. E., such amendment of proffers to limit the use of the property to an
enumerated list of uses permitted in the CG, Commercial General District; to restrict the use
of freestanding signs and prohibit electronic readerboards; to require certain fencing and
lighting; and to remove proffers relating to the layout and design of the subject properties as
a highway convenience store and fast food restaurant, all of which is set forth in the
Amendment of Proffered Conditions Amended Application NO.1 dated May 23, 2011.
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,
W-,l) j. Vh,
~~ I , JI mtl7rY\J
Stephanie M. Moon, MM~ /
City Clerk
SMM:ctw
.... ..-
,.
AMENDMENT OF PROFFERS
Austin Rogers for GBT Realty Corporation
1261 Riverland Road, S.W. and 0 Garden City Blvd, S.E.
Tax Nos. 4360103 and 4360104
)
)AFFIDAVIT
)
, COMMONWEALTH OF VIRGINIA
CITY OF ROANOKE
)
) TO-WIT:
)
The affiant, Rebecca Cockram, first being duly sworn, states that she is Secretary to the
Roanoke City Planning Commission, and as such is competent to make this affidavit of
her own personal knowledge. Affidavit states that, pursuant to the provisions of Section
15.2-2204, Code of Virginia, (1950), as amended, on behalf of the Planning Commission
of the City of Roanoke, she has sent by first-class mail on the 24th day of May, 2011,
notices of a public hearing to be held on the 16th day of June, 2011, on the request
captioned above to the owner or agent of the parcels as set out below:
Tax No. Owner MailinQ Address
4360102 APPALACHIAN ELECTRIC COMPANY 40 FRANKLIN RD SW
4250101 ROANOKE VA 24011
4250102
4250103 KENNEDY ROBERT WAYNE & TRACY H 1270 RIVERLAND RD SE
ROANOKE VA 24014
4360601 WESTERN VIRGINIA WATER AUTHORITY 601 JEFFERSON ST SW 200 STE
ROANOKE VA 24011
4360105 JASON B MOGENSEN 2237 GARDEN CITY BLVD
ROANOKE VA 24014
Also Notified:
Helen Hancock, President
1016 Estates Road, SE
Roanoke, VA 24014
Jennie McGregor
3116 Garden City Blvd., SE
Roanoke, VA 24014
.., .' .,
Rena Cromer
543 Day Avenue SW
Roanoke, VA 24016
~Coolutec.)
Rebecca Cockram
SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke,
Virginia, thi~~Y, R. ~
Notary Public
CANDACE R. MARTIN
NOTARY PUBLIC
Commonwealth of Virginia
M Reg. #28207
Y CommisSion Expires
COMMITTEE V ACANCIES/REAPPOINTMENTS
July 18, 2011
VACANCIES
Roanoke Civic Center Commission for the unexpired term of Laura Rawlings ending September 30,
2012.
Three-year term of office of Joseph P. Bounds as a City representative of the Court Community
Corrections Program Regional Community Criminal Justice Board ending June 30, 2014.
Roanoke Public Library Board for a term ending June 30, 2014.
Two three-year terms of office on the Roanoke Valley-Alleghany Regional Comprehensive
Economic Development Strategy Committee ending March 31, 2014. Elected official and Non-
elected official.
Three-year term of office on the Roanoke Arts Commission ending June 30,2014.
Three-year term of office on the Roanoke Civic Center Commission ending September 30, 2014.
Five-year term of office on the Local Board of Building Code Appeals ending September 30, 2016.