HomeMy WebLinkAboutCouncil Actions 12-19-11
PRICE
39271-121911
ROANOKE CITY COUNCIL
REGULAR SESSION
DECEMBER 19, 2011
2:00 P.M.
CITY COUNCIL CHAMBER
AGENDA
1. Call to Order--RolI Call. All present.
The Invocation was delivered by The Reverend Tim Harvey, Pastor, Central
Church of the Brethren.
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, December 22 at 7:00 p.m., and Saturday, December 24 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 COM'V'UNICATIONS, 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 BYTHE 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:
BOARD OF ZONING APPEALS - TWO VACANCIES
(EFFECTIVE JANUARY 1, 2012)
LOCAL BOARD OF BUILDING CODE APPEALS - TWO VACANCIES
(REPRESENTATIVES-A PROPERTY MANAGER AND AN ARCHITECT OR
ENGINEER)
ROANOKE VALLEY-ALLEGHANY REGIONAL COMMISSION - ONE
VACANCY
TOWING ADVISORY BOARD - TWO VACANCIES
(REPRESENTATIVES-A CITIZEN AT LARGE AND A TOWER ENFORCER)
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2. PRESENTATIONS AND ACKNOWLEDGEMENTS:
A resolution recognizing and commending Dr. Raymond D. Smoot, Jr., for his many
years of dedicated service to Virginia Tech and the Roanoke Valley.
Adopted Resolution No. 39271-121911 (7-0). The Mayor presented a
ceremonial copy to Dr. Smoot.
A resolution expressing sincere appreciation to William M. Hackworth, City Attorney,
for his dedicated service to the citizens of the City of Roanoke, Virginia.
Adopted Resolution No. 39272-121911 (7-0). The Mayor presented a
ceremonial copy to the City Attorney.
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 7-0)
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED
TO BE ROUTINE BY THE MEMBERS OF CITY COUNCIL AND WILL BE
ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF
THE ITEMS. IF DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED
FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY.
C-1 Minutes of the regular meeting of Council held on Monday, November 7,
2011.
RECOMMENDED ACTION:
Dispensed with the reading of the minutes and
approved as recorded.
C-2 A communication from Council Member Anita J. Price, Chair, Roanoke City
Council Personnel Committee, requesting that Council convene in a Closed Meeting
to discuss a personnel matter, being the appointment of an Acting City Attorney,
pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended.
RECOMMENDED ACTION: Concurred in the request.
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C-3 A communication from the City Clerk advising of the resignation of Robert
Logan, III, as a City representative of the Roanoke Valley Alleghany Regional
Commission, effective December 31,2011.
RECOMMENDED ACTION: Accepted the resignation and received and
filed the communication.
C-4 Annual report of the Board of Zoning Appeals for Fiscal Year 2010 - 2011.
RECOMMENDED ACTION: Received and filed.
REGULAR AGENDA
5. PUBLIC HEARINGS: NONE.
6. PETITIONS AND COMMUNICATIONS: NONE.
7. REPORTS OF CITY OFFICERS AND COMMENTS OF CITY
MANAGER:
a. CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
1 . Adoption of a resolution supporting an alternative to the proposed
Blue Ridge Parkway Draft General Management Plan/Environmental
Impact Statement dated September 2011, with modifications.
Adopted Resolution No. 39273-121911 (7-0).
2. Approval and transfer of funds in connection with the Public Art Action
Plan for 2012.
Adopted Resolution No. 39274-121911 and Budget Ordinance No.
39275-121911 (7-0).
3. Approval of additional holiday leave on Friday, December 23,2011,
for all City employees. Adopted Resolution No. 39276-121911 (7-0).
4. Acceptance of dedications of public rights-of-way and public
easements for streets, sidewalks and management of stormwater,
upon certain terms and conditions.
Adopted Resolution No. 39277-121911 (7-0).
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5. Execution of a deed of easement to Verizon Virginia, Inc., for
installation of a communication system to serve the Roanoke City
Public Schools Operation Center.
Adopted Ordinance 39278-121911 (7-0).
COMMENTS BY CITY MANAGER.
The City Manager offered the following comments:
Eat for Education Campaion
. Featured in an article in "Governing Magazine" last week.
· Campaign was presented as an example of a city working with outside
organizations to create a positive from what could be seen as a negative.
. Article highlighted positive achievements by Roanoke City Public Schools which
were made possible by the additional funding.
Sixth Annual Holidav Career and Lifestvle Fair
. Wednesday, Dec. 28, 9 a.m. to 1 p.m.
. Roanoke Civic Center Special Events Center.
. Admission is free for attendees.
· The event benefits job seekers living in the region, as well as native Roanokers
returning home for the holidays with thoughts of moving back to their hometown.
. Sponsors:
o National College,
o The Renick Group,
o WDBJ7, and
o The city's Department of Economic Development.
· More than 50 organizations will be represented at this year's event.
b. DIRECTOR OF FINANCE:
1. Presentation of the Comprehensive Annual Financial Report for
Fiscal Year 2011. Received and filed.
8. REPORTS OF COMMITTEES:
a. A report of the Roanoke City School Board requesting appropriation of funds
in connection with the 2011-12 Title III-A Limited English Proficiency Grant;
and a report of the Director of Finance recommending that Council concur in
the request. Margaret Lindsey, Director of Accounting, Spokesperson.
Adopted Budget Ordinance No. 39279-121911 (7-0).
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9. UNFINISHED BUSINESS: NONE.
10. INTRODUCTION AND CONSIDERATION OF ORDINANCES
AND RESOLUTIONS: NONE.
11. MOTIONS AND MISCELLANEOUS BUSINESS:
a. Inquiries and/or comments by the Mayor and Members of City Council.
NONE.
b. Vacancies on certain authorities, boards, commissions and committees
appointed by Council. NONE.
AT 3:21 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, FOR A CLOSED MEETING IN THE COUNCIL'S CONFERENCE ROOM.
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ROANOKE CITY COUNCIL
REGULAR SESSION
DECEMBER 19, 2011
7:00 P.M.
CITY COUNCIL CHAMBER
AGENDA
Call to Order--RolI Call. All present.
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, December 22 at 7:00 p.m., and Saturday, December 24 at 4:00 p.m.
Council meetings are offered with closed captioning for the hearing impaired.
A. PRESENTATIONS AND ACKNOWLEDGEMENTS:
Recognition of the 7th Annual Fire Prevention Week Art Contest winners.
The Mayor presented certificates to the contest winners.
B. PUBLIC HEARINGS:
1. Request of Pheasant Ridge Investors, LLC, to amend certain proffered
conditions as set forth in the Second Amended Petition to Amend Proffered
Conditions filed on September 15, 2004, and pursuant to Ordinance No.
36883-101804 adopted by the Roanoke City Council on October 18, 2004, in
connection with the property at 4428 Pheasant Ridge Road, S. W. Eugene
Whitesell, Spokesperson. Adopted Ordinance No. 39280-121911 (7-0).
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2. Proposal of the City of Roanoke to grant a request from Appalachian Power
Company, for easements across several City-owned properties to build a
138kV transmission line to connect the Huntington Court Substation to the
Roanoke Substation in the City of Roanoke, upon certain terms and
conditions. Christopher P. Morrill, City Manager.
Adopted Ordinance No. 3928'-121911 (7-0).
3. Proposal of the City of Roanoke to convey property at 1130 Overland Road,
S. W., to Roanoke Valley Swimming, Inc., known as the Gator Pool
Swimming Facility. Christopher P. Morrill, City Manager.
Adopted Ordinance No. 39282-121911 (7-0).
C. HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
CERTIFICATION OF CLOSED MEETING. (7-0)
Adopted Resolution No. 39283-121911 appointing Timothy R. Spencer as
Acting City Attorney, effective January 1, 2012. (7-0)
D. ADJOURN - 7:27 p.m.
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0/1 .9/eJoln6on
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19th day of December, 2011.
No. 39271-121911.
A RESOLUTION paying tribute to Dr. Raymond D. Smoot, Jr., on the
occasion of his upcoming retirement from Virginia Tech in July 2012 as Chief
Executive Officer of the Virginia Tech Foundation.
WHEREAS, Dr. Smoot, who hails from Lynchburg, Virginia, enrolled as
a student at Virginia Tech in 1965, became president of the Student Government
Association in 1968, interned with then-President Marshall Hahn, and
graduated in 1969 as one of several distinguished alumni who would go on to
,become leaders at the university;
WHEREAS, after undertaking a Ph.D. program at Ohio State University,
Dr. Smoot returned to Blacksburg in 1975 and worked for the legendary Stuart
Cassell, the only other person to lead the Virginia Tech Foundation since its
creation in 1948;
WHEREAS, Dr. Smoot, who began his tenure at the Foundation in a part-
time capacity, would go on to amass a portfolio of titles at Virginia Tech that
included assistant vice president for administration, vice president for business
,affairs, vice president for finance, vice president for administration, treasurer,
and even interim athletic director, ultimately becoming Virginia Tech
Foundation CEO in 2003, tfsfirstfull-time executive leader;
WHEREAS, during Dr. Smoot's time with the Foundation, its total assets
have increased from $11 million, including revenues of $3.5 million and a $4
million endowment, to $1.15 billion, with annual revenues exceeding $160
million and an endowment that recently topped $600 million;
WHEREAS, among his numerous, accomplishments, Dr. Smoot was
tapped in 1989 to lead the complex effort to partner with the City of Roanoke to
redevelop the historic Hotel Roanoke and add a conference center, resulting in a
flagship facility that helps anchor a vibrant downtown and has a significant
economic impact;
WHEREAS, with his strong commitment to a regional approach to
economic development, Dr. Smoot's leadership has been instrumental in a
number of other projects that have benefited the City, including the Roanoke
Higher Education Center and the Virginia Tech Carilion School of Medicine, in
addition to his work on behalf of the Virginia Tech Corporate Research Center
and NewVa Capital Partners;
/
/
WHEREAS, Dr. Smoot, named this year by Virginia Business Magazine
as one of the "25 best connected business leaders in Virginia," has extended his
leadership role in Roanoke through his service on the board of directors for
Carilion Clinic and the Roanoke. Regional Chamber of Commerce, among
others;
WHEREAS, those who know Dr. Smoot speak of his work ethic and his
dedication, calling him an articulate and persuasive advocate for community
development, a tireless leader who never stops thinking about the next project,
and a go-to executive who "bleeds orange and maroon";
WHEREAS, Dr. Smoot has for many years embraced the mutually
beneficial relationship between the Roanoke Valley and Virginia Tech, devoted
his career to the advancement of both the university and southwest Virginia, and
has left an indelible mark on the Roanoke Region that has helped set a course
for its future prosperity.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
as follows:
1. This Council adopts this means of recognizing and commending Dr.
Raymond D. Smoot, Jr., for his many years of dedicated service to Virginia Tech
and fostering its role in the advancement of the Roanoke Valley.
2. The City Clerk is directed to forward an attested copy of this resolution
to Dr. Raymond D. Smoot, Jr.
ATTEST:
~In.~
Stephanie M. Moon, MMC
City Clerk
APPROVED
David A. Bowers
Mayor
Chief Executive Officer
University Gateway Center
902 Prices Fork Road, Suite 4000 (0142), Blacksburg, Virginia 24061
IRGINIA TECHf~
. -
OUNDATION NC
M~sceililaneous - City Council - 01/09/12
"
January 6, 2012
The Honorable David Bowers and
Members of City Council
Noel C. Taylor Municipal Bldg.
215 Church Ave., SW., Room 456
Roanoke, VA 24011
Dear David and Members of Council,
I write to express my deep appreciation for your December 19 recognition of my work with the
City of Roanoke on projects of mutual interest over the past several decades.
The City of Roanoke possesses great civic capacity which makes significant things happen when
the city government and business community work together to advance major projects. Virginia
Tech has been invited to be a part of several of these major initiatives, including the Hotel
Roanoke and Conference Center, the Higher Education Center, and the Virginia Tech Carilion
Medical School and Research Institute. In perhaps less visible ways, Virginia Tech has also
been engaged with Center in the Square, the Taubman Museum, WVTF Public Radio, and the
Roanoke Foundation for Downtown.
Virginia Tech's engagement in the City of Roanoke has, I believe, been mutually beneficial. The
Roanoke and Blacksburg areas continue evolve as a region and, when considered together, have
many attractive features.
It has been my good fortune to spend my professional life working with a fine university and
engaged in a wonderful community. Thanks for all you continue to do to adyance the well-being
of our region and engage with Virginia Tech on projects of mutual benefit.
Sincerely,
.~
Raymond D. Smoot, Jr.
Chief Executive Officer
cc: Chris Morrill
A Foundation supporting the instructional, research, and outreach programs of Virginia Polytechnic Institute and State University
0/1 .9/eJoln6on
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19th day of December, 2011.
No. 39272-121911.
A RESOLUTION paying tribute to William M. Hackworth on the
occasion of his retirement upon nearly 23 years of service with the City of
Roanoke.
WHEREAS, Mr. Hackworth was born in Richmond, Kentucky, received
his B.A. in Political Science from the Ohio State University in 1970, his J.D.
from the University of Virginia's School of Law in 1973, and later a Masters in
Public Administration from U. Va.'s School of Government and Foreign Affairs
in 1981;
WHEREAS, Mr. Hackworth launched his law career by working as a
clerk for the Honorable Ted Dalton in the U.S. District Court for the Western
District of Virginia in Charlottesville, completed a term of service in the United
States Army stationed at Fort Still, Oklahoma, was honorably discharged as a
Captain, then returned to the legal world as a trial attorney with the U.S.
Department of Justice in Washington;
WHEREAS, Mr. Hackworth came to the City of Roanoke in 1978 when
he joined the staff of the City Attorney's Office as an Assistant City Attorney,
left in 1988 to become County Attorney for York County, Virginia, but came
back to Roanoke in 1999 to take the job of City Attorney;
WHEREAS, during his most recent tenure, Mr. Hackworth was
instrumental in guiding the City's adoption of entirely new zoning and
subdivisi~n codes and modernizing the Code of the City of Roanoke, and played
a key role in the City's establishment of conservation easements in the Carvins
Cove and Mill Mountain areas;
WHEREAS, Mr. Hackworth helped the City navigate the complex
contractual and financing issues involved in the recently completed renovation
of downtown's historic City Market Building; assisted in many Economic
Development projects, including helping develop the Roanoke Centre for
Industry and Technology, WOMETCO Coca-Cola, and winning the Valley View
rezoning challenge; and was also instrumentalin establishing the Architectural
Review Board and various historic districts within the City, and the creation of
the Western Virginia Water Authority;
WHEREAS, in his role as City Attorney, Mr. Hackworth's leadership has
helped guide the professional development of his staff and co-workers who have
gone on to serve in other local government attorneys' offices and private firms
throughout the Commonwealth;
WHEREAS, writing has also been a hallmark of Mr. Hackworth's
career, ranging from the chapter titled "Council at Work" for the Virginia
Municipal League's Handbook for Virginia Mayors and Council Members to a
bibliography for the LGA Handbook of Virginia Local Government Law to his
own William Hackworth of Bedford County, Virginia: Revolutionary Soldier,
and writing will continue to figure prominently in his retirement;
WHEREAS, Mr. Hackworth is a member of the Virginia State Bar
Association (Local Government and Public Contracts Section), the Roanoke Bar
Association (Board member from 2000 to 2002), the International Municipal
Lawyers Association, and is a past president, vice-president and treasurer of
both the Virginia Local Government Attorneys Association and the Y ork-
Poquoson Bar Association;
WHEREAS, Mr. Hackworth recently received the Local Government
Attorneys' 2011 Edward j. Finnegan Award for Distinguished Service for his
outstanding contributions to local government, capping a collection of accolades
and achievements that have marked both his academic and professional
experience;
WHEREAS, Mr. Hackworth has enjoyed active involvement with
numerous community institutions and organizations including Virginia Western
Community College, the Western Virginia Land Trust, the Historical Society of
Western Virginia, the Friends of the Blue Ridge Parkway, Friends of the
Roanoke Public Libraries, Raleigh Court Civic League, Boy Scouts of America,
~nd others;
WHEREAS, Mr. Hackworth, whose adventurous spirit made headlines in
the Roanoke Times when he rode his bicycle the full 469 miles of the Blue Ridge
Parkway for his 60th birthday, welcomes further adventures in retirement as he
plans to follow his official departure from the City by tackling the Appalachian
Trail in 2012; and
WHEREAS, after a more than three-decade career in local government
that epitomizes the highest standards of excellence, Mr. Hackworth will be
remembered well not just for his legal expertise but also for his professionalism,
intelligence, honesty, integrity, and judgment in serving the City of Roanoke, its
employees, and its citizens.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of
Roanoke:
1. That it expresses a sincere appreciation to William M. Hackworth for
his dedicated service to the citizens of the City of Roanoke, Virginia.
2. That it recognizes the exemplary dedication shown by William M.
Hackworth to the highest standards of professional performance and service.
3. That an attested copy of this Resolution shall be forwarded to
William M. Hackworth.
APPROVED
~
David A. Bowers
Mayor
ATTEST:
~h-1.~
Stephanie M. Moon, MMC
City Clerk
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
DAVIDA. BOWERS
Mayor
December 19, 2011
The Honorable Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of Council:
This is to request a Closed Meeting to discuss a personnel matter, being the appointment
of an Acting City Attorney, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as
amended.
Sincerely,
~~
Anita J. Price, Chair
City Council Personnel Committee
AJP:ctw
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.CRAFf
. Deputy City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
STEPHANIE M. MOON, MMC
City Clerk
December 20,2011
Robert H. Logan, III
2222 York Road, S. W.
Roanoke, Virginia 24015
Dear Mr. Logan:
A communication from the City Clerk advising of your resignation. as a City
representative of the Roanoke Valley-Alleghany Regional Commission was before the
Council of the City of Roanoke at a regular meeting, which was held on Monday,
December 19, 2011.
On behalf of the Members of Roanoke City Council, I would like to express appreciation
for your service to the City of Roanoke as a City representative of the Roanoke
Valley-Alleghany Regional Commission from May 5, 2005 to December 31, 2011.
Please find enclosed a Certificate of Appreciation and an aerial view photograph of the
Roanoke Valley in recognition of your service.
Sincerely,
t;t; ~ \YJ. ~<>1U
Stephanie M. Moon, MMC
City Clerk
SMM:ctw
Enclosure
pc: Wayne G. Strickland, Secretary, Roanoke Valley-Alleghany Regional
Commission, P. O. Box 2569, Roanoke, Virginia 24010
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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
December 19, 2011
The Honorable Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of Council:
This is to advise that Robert Logan, III, has tendered his resignation as a City
representative of the Roanoke Valley-Alleghany Regional Commission, effective
December 31,2011.
Sincerely,
t,~'('n.~
Stephanie M. Moon, MMC
City Clerk
Robert Henry Logan III, Ph.D.
2222 York Road
Roanoke, Virginia 24015-3446
Telephone 540,982,6624
Facsimile 201>.339.2585
December 6, 20 II
Stephanie Moon, MMC
City Clerk/Clerk of Council
City Clerk's Office
215 Church Avenue, S. W.
Roanoke, Virginia 240 II
Dear Ms. Moon:
Thank you for advising me of my appointment to the Board of Zoning Appeals. I look forward to serving
the city in that capacity.
Please accept my resignation from the Roanoke Valley-Alleghany Regional Commission effective at the
end of this month. It has been an honor and pleasure to serve as a citizen commissioner representing the
City of Roanoke. I am glad that another citizen will have the opportunity to serve in that capacity.
Please feel free to contact me for any additional information.
SitJl'~ ~
~an 7
Copies: Wayne Strickland, Executive Director, RV ARC
Billy Martin, Chairman, RV ARC
Bill Bestpitch
David Trinkle
CITY OF ROANOKE
PLANNING BUILDING AND DEVELOPMENT
215 Church Avenue, S.W., Room 166
Roanoke, Virginia 24011
Telephone: (540) 853-1730 Fax: (540) 853-1230
E-mail: planning@roanokeva.gov
Architectural Review Board
Board of Zoning Appeals
Planning Commission
December 19, 2011
The Honorable David A. Bowers, Mayor
Members of City Council
Roanoke, Virginia
Dear Mayor and Members of Council:
As Chairman of the Roanoke City Board of Zoning Appeals for 2011, it is
my honor to present to you the annual report for July 1, 2010 through June 30,
2011. The Board of Zoning Appeals held ten (10) regular public hearings, during
which there were no variance requests, seventeen (17) special exception (use)
requests, and four (4) appeals of Zoning Administrator decisions.
In the current year, the Board of Zoning Appeals' goals are: first, continue
to serve the citizens and developers of the community in furthering the
use, development and redevelopment of property through variances and
special exceptions; second, to continue to act as a discretionary
administrative body and make decisions in matters where a person or party
within the community is aggrieved by a decision made in the administration or
enforcement of the zoning ordinance; and lastly, to recommend to the
Planning Commission and City Council necessary revisions to the zoning
ordinance in order for the Board to continue to provide fair and equitable service
to the community and its citizens. The Board continues to work with the City
Attorney's Office to assure that our procedures promote a concise and fair
process.
On behalf of the Board, I would like to express our appreciation for
Council's ongoing efforts to improve the effectiveness of the Board of Zoning
Appeals through funding for the training and certification of the Board members.
Sincerely,
;Q~Ch~~
Board of Zoning Appeals
CITY OF ROANOKE
BOARD OF ZONING APPEALS
Appointment of the Board
The Council of the City of Roanoke appoints a Board of Zoning Appeals in accordance with enabling legislation as set
forth by the Commonwealth of Virginia, which provides that the said Board of Zoning Appeals may, in appropriate
cases and subject to appropriate conditions and safeguards, vary the application of the terms of the zoning ordinance
in harmony with its general purpose and intent and in accordance with general or specific rules therein contained.
Membership of the Board
The Board of Zoning Appeals shall consist of seven members, appointed for a term of three years and removable for
just cause by City Council, upon written charges and after a public hearing. Vacancies shall be filled for the unexpired
term of any member whose term becomes vacant. . Members may be reappointed and may serve up to three
consecutive, three-year terms.
Powers of the'-'Board
The Board is appointed by City Council to act as a discretionary administrative body to hear and decide appeals where
it is alleged there is error in any order, requirement, decision, or determination made by administrative officials in the
enforcement of the zoning ordinance adopted pursuant thereto.
The Board is charged with the responsibility to hear, decide and authorize special exceptions to the terms of the
zoning ordinance based upon certain criteria and findings as specified in the ordinance; and to hear, decide, and
authorize, upon appeal in specific cases, a variance from the terms of the zoning ordinance that would not be contrary
to the public interest where a literal enforcement of the provisions of such ordinance would result in unnecessary
hardship, provided in all cases, the spirit of the ordinance shall be observed and substantial justice done.
SUMMARY OF BOARD ACTION Julv 1. 2010. throuQh June 30.2011
During the fiscal year of July 1,2010, through June 30, 2011, the Board of Zoning Appeals heard 21 requests.
These applications consisted of 0 Variance requests, 17 Special Exception requests, and 4 Appeals.
SUMMARY
VARIANCES
o
SPECIAL EXCEPTIONS APPROVED 12
APPEALS GRANTED
1
SPECIAL EXCEPTIONS WITHDRAWN 4
SPECIAL EXCEPTIONS DENIED 1
APPEALS WITHDRAWN
3
ATTENDANCE
There were 10 regular hearings held in this fiscal year.
BOARD MEMBER ATTENDANCE
Mr. Terry Wayne Cundiff (term began 1/1/11) 40f4
Mr. Joe Miller 8 of 1 0
Ms. Diana Sheppard 7 of 1 0 ~
Mr. Kermit E. "Kit" Hale 6 of 6 (term ended 12/31/10)
Mr. William Poe 1 0 of 1 0
Mr. Phillip Lemon 1 0 of 1 0
Mr. Drew Kepley 1 0 of 1 0
Mr. Mike Woolwine 1 0 of 1 0
BZA Cases 7/1/10 to
6/30/1 1
1 0-1 OS-A Sharon Crawford 1627 9th St., S.E., Special 36.2-340 Subject to Granted at
#4142315 exception for conditions set 7/13/10 public
contractor or forth in Order of hearing
tradesman's Board
shop, general or
special trade
11-1 OA-A Assissi Animal 415 Campbell Appeal 36.2-340 and Withdrawn
Clinics of Ave., S.W., 36.2-522
Virginia, Inc. #1010706
12-10S-A Paul and Martha 3809 Mudlick Special 36.2-405 Subject to Granted at
Ann Road, SW, exception for , condition set 8/10/10 public
Higginbotham #5040515 bed and forth in Order of hearing
breakfast Board
13-10A-A JTJ Properties, 1319 Gilford Appeal 36.2-340 Withdrawn
LLC Ave., N.W.,
#6110406
1 4- 1 OS-A Earle Shumate 2524 Shull Road, Special 36.2-340 Continued from
N.E., #3250603 exception for 9/12/2010 to
two-family 11/9/2010 and
dwelling then withdrawn
before pubic
hearing
1 5-1 OS-A Dale W. Webb 4440,4442, Special 36.2-340 Subject to Continued from
4432,4420 Old exceptions for conditions set 9/12/2010,
Mountain Rd., construction of forth in Order of granted at
NE, #7360320, four, two-family Board 10/12/2010
7360321, dwellings public hearing
7360334,
7360335
1 6- 1 OS-A Danny 1534 Seibel Special 36.2-414 Subject to Granted at
Cunningham, on Drive, NE exception for condition set 10/12/2010
behalf of Old # 7140111 wrecker yard forth in Order of public hearing
Dominion Auto Board
Salvage, Inc.
1 7-1 OS-A Sonji L. Kratz 2262 Memorial Special 36.2-340 Granted at
Ave., SW., # exception for 11/9/2010
1431604 two-family public hearing
dwelling
1 8- 1 OS-A Robert L. 3432 Orange Special 36.2-340 Withdrawn
Cooper, d/b/a Ave., N.E., # excePtion for
C & C Internet 7150103 gaming
Sweepstakes establishment
(i nternet
sweepstakes)
1 9- 1 OS-A Richard Taylor 801 Day Ave., Special 36.2-340 Granted at
SW, # 1120138 exception for 12/14/2010
conversion of public hearing
single-family to
two-family
dwelling
1 -1 1 S-A Troy Faries 1409 Williamson Special 36.2-340 Withdrawn
Road, NE,# exception (gaming 2/1 5/11
3070802 establishment)
2-11S-A Michael R. 408 Jennings Special 36.2-340 (utility Withdrawn
Fridley, nTelos Ave., S.E., # exception distribution or 5/27/11
4021114 collection,
transitional)
07-1 OS-A John & Marinda 4214 Williamson Special 36.2-705(c) Granted 3/8/11
(appealed and Pritchard Road, NW., exception for
remanded back #2160618 expansion of
by court for Re- nonconforming
hearinq use
3-11S-A Daniel W. Agee, 410 Highland Special 36.2-340 (utility Subject to Granted at the
Jr., Ntelos Ave" SE, Exception for distribution or conditions set April 12, 2011
#4021602, fiber optic collection, forth in Order of public hearing
4021603, network in a transitional) Board
4021604 building to be
constructed
4- 1 1 A-A David B. 41 2 Marshall Appeal from 36.2-705 Granted at the
Bullington, Esq. Ave., SW, # zoning April 12, 2011
1012810 administrator's public hearing
decision
5-11S-A Timothy W. 938 Rockland Special 36.2-340 Granted at the
Wheat Ave., NW, Exception for April 12, 2011
#2050232 two-family public hearing
dwellinq
6- 1 1 S-A Lewis Wall, Jr. 1738 Granby St., Special 36.2-340 Subject to Granted at the
obo Davenport NE, # 7190203 Exception for conditions set April 12, 2011
Energy, Inc. Fuel Oil forth in Order of public hearing
Distribution Board
7 -11 S-A Earle Shumate 2524 Shull Road, Special 36.2-340 Denied at the
N.E., # 3250603 Exception for May 1 0, 201 1
two-family pubic hearing
dwelling
8-11 S-A Roland H. 1702 Loudon Special 36.2-340 Subject to Granted at the
Malone, Sr. Ave, NW, exception conditions set May 10, 2011
#2211908 forth in Order of public hearing
Board
9- 11 S-A Virginia PCS 1225 Centre Special 36.2-340 Granted at the
Alliance, L.C, Ave., N.W., # exception June 14, 2011
d/b/a N'telos 2212331 Dublic hearinq
1 0- 11 A-A Dou Mar, LLC 4341 Delray St., Appeal 36.2-522, 652 Withdrawn
NW, # 2280308 and 654
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
December 20,2011
CECELIA T. WEBB
Assistant Deputy City Clerk
The Honorable Bob Goodlatte, Member
United States House of Representatives
10 Franklin Road, S. E., Suite 540
Roanoke, Virginia 24011
The Honorable Morgan Griffith, Member
United States House of Representatives
1108 Longworth House Office
Washington, D.C. 20510
The Honorable Mark Warner, Member
United States Senate
459A Russell Senate Office
Washington, D.C. 20510
The Honorable Jim Webb, Member
United States Senate
248 Russell Senate Office
Washington, D.C. 20510
Philip Francis, Superintendent
Blue Ridge Parkway
199 Hemphill Knob Road
Asheville, North Carolina 28803
Gentlemen:
I am enclosing copy of Resolution No. 39273-121911 recommending adoption of
Alternative C of the proposed Blue Ridge Parkway Final Draft General Management
Plan Environmental Impact Statement dated September 2011, with modifications to
address concerns of the City of Roanoke. Alternative C would guide the Parkway to be
- more integrated with the larger region's resources and economy and linking to regional,
natural, recreational and cultural heritage resources and experiences.
.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
r:egular meeting held on Monday, December 19, 2011.
Sincerely,
~~~~~~
City Clerk
Enclosure
The Honorable Bob Goodlatte
The Honorable Morgan Griffith
The Honorable Mark Warner
The Honorable Jim Webb
Philip Francis, Superintendent
December 20, 2011
Page 2
pc: Jon Jarvis, Director, National Park Service, 1849 C Street, N. W., Washington,
D.C. 20240
Christopher P. Morrill, City Manager
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
R. Brian Townsend, Assistant City Manager for Community Development
Steve Buschor, Director, Parks and Recreation
~
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA
The 19th day of December, 2011.
No. 39273-121911.
A RESOLUTION recommending adoption of ~lternative C of the proposed Blue
Ridge Parkway Final Draft General Management Plan /Environmental Impact Statement
dated September 2011, with modifications to address concerns of the Ci~y of Roanoke.
. WHEREAS the National Park Service has promulgated the Blue Ridge Parkway
Final Draft General Management Plan /Environmental Impact Statement dated
September 2011 ("Plan") and has extended its comment period for the City of Roanoke
until December 20, 2011;
WHEREAS, the Blue Ridge Parkway ("Parkway") contributes greatly to the
quality of life in Roanoke and is a critical economic and tourism asset for our entire
regIon;
WHEREAS, the Plan presents three alternatives, A, B and C, for future
management of the "Parkway";
WHEREAS, all Alternatives recommend coordinating with the City of Roanoke
and others on the Roanoke trail plan to develop trails and provide trail connections;
WHEREAS, all Alternatives recommend using public education, revegetation of
disturbed areas, and barriers to control "social trailing" without providing for reasonable
and safe alternatives for hikers, bicyclists, and equestrians to access the Parkway;
WHEREAS, none of the Alternatives incorporates the National Park Service's
"Healthy Parks, Healthy People," "Pathways to Healthy Living," and "America's Great
Outdoors" initiatives, which seek to encourage active recreation;
WHEREAS, Alternative A IS a "no action" alternative that would continue
existing management and trends;
WHEREAS, Alternative B is the National Park Service preferred alternative and
would direct that the Parkway be managed as a self-contained, scenic, recreational
driving experience and designed landscape, with enhanced opportunities for dispersed
outdoor recreation opportunities;
WHEREAS, Alternative B would guide the Parkway to "establish an agreement
with the City of Roanoke for partnership management of the Mill Mountain spur road
area" and convert the Roanoke Mountain Campground to a day-use area;
WHEREAS, the City of Roanoke does not have the financial capability and
should not be requested to undertake any action that is currently within the purview of the
National Park Service, including the ownership, lease, or operation of any land or facility;
WHEREAS, there is demand for more campsites in the Roanoke area according
to the Virginia Outdoor Recreation Plan;
WHEREAS, Alternative C would guide the Parkway to be more integrated with
the larger region's resources and economy and linking to regional natural, recreational
and cultural heritage resources and experiences;
WHEREAS, the general premise of Alternative C is the most beneficial to the
City of Roanoke as it includes a potential Parkway information desk and programs in
Roanoke; expanded information and orientation capabilities at Virginia's Explore Park;
connections between multiuse Parkway paths and community trails; continued Parkway
management of the Roanoke Mountain and Mill Mountain spur road areas; and
improvements to the Roanoke Mountain Campground;
WHEREAS, Alternative C proposes flexibility of function in all recreation areas
to adapt to changing visitor needs and includes mountain biking as an approved
recreation activity at a Parkway facility in North Carolina; and
WHEREAS, the City of Roanoke continues to recommend that the National Park
Service incorporate those written comments that the City submitted in 2008 in support of
Alternative C with modifications.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
that:
1. Council recommends adoption of Alternative C of the Plan by the National
Park Service with the following modifications to address the concerns of the City of
Roanoke:
a. Recognize that the Parkway is enjoyed as a national recreational resource
by more than the motoring public, and incorporate the National Park
Service's "Call to Action: Preparing for a Second Century of Stewardship
and Engagement," and "Healthy Parks, Healthy People," "Pathways to
Healthy Living," and "America's Great Outdoors" initiatives and
encourage active recreation in all ofthe Alternatives;
b. Identify increased federal funding for roadway maintenance;
c. Consult with local stakeholders to evaluate social trails and provide for
reasonable and safe access for hikers, bicyclists, and equestrians to the
Parkway before closing social trails;
d. Support unpaved multiuse trails designed for shared use by hikers,
mountain bikers, and equestrians;
e. Work with local stakeholders to develop a solution to providing mountain
bike access to the Chestnut Ridge loop;
f. Accommodate increasing Parkway bicycle use with paved shoulders rather
than adding separate paved bike paths;
g. Improve Parkway visitor orientation services at Explore Park and at the
Discovery Center on Mill Mountain;
h. Work with volunteer trail organizations on trail development and
maintenance;
1. Create a seamless connection from the Parkway corridor, through the Mill
Mountain spur to Mill Mountain Park and connect the Chestnut Ridge
Loop to the Wood Thrush Trail and other trails in the Mill Mountain Park;
and
J. Link Parkway trails to the Roanoke Valley Greenway system and work
with the Roanoke Valley Greenway Commission to extend the Roanoke
River Greenway to Explore Park.
k. Recognize the Roanoke Valley Greenway Plan, coordinate with the
Roanoke Valley Greenway Commission to link Parkway trails to the
Roanoke Valley Greenway system and work with the Roanoke Valley
" Greenway Commission to extend the Roanoke River Greenway to Explore
Park.
2. The City Clerk is directed to send attested copies of this Resolution, and the
City Manager's report to Council of December 19,2011, to the Honorable Mark Warner,
the Honorable Jim Webb, the Honorable Bob Goodlatte, the Honorable Morgan Griffith
and Philip Francis, Superintendent of the Blue Ridge Parkway, as well as forwarding
copies to the National Park Service to be included in the public comments on the Plan.
ATTEST:
~~.~ilvV
City Clerk
o
CITY COUNCIL AGENDA REPORT
To:
Meeting:
Subject:
Honorable Mayor and Members of City Council-
December 19, 2011
Blue Ridge Parkway Draft General Management Plan/Environmental
Impact Statement
Background: -
The National Park Service published the final Draft, General Management Plan/
Environmental Impact Statement for the Blue Ridge Parkway in September 2011, and
requested public comments. A public forum on the Plan was held on November 10,
2011, at the Brambleton Center in Roanoke County.
Since its founding in 1936 the Parkway has operated using a master plan, the Parkway
Land Use Maps and applicable laws and policies for guidance. However, the master
plan is outdated and the Parkway is facing an increasing array of issues that require
consideration. The new plan is intended to define resource conditions and visitor
experiences to be achieved. It will provide a framework for National Park Service
managers to use when making decisions about -how to best protect Parkway
resources, provide a diverse range of visitor experiences, manage visitor use, and
develop facilities for the next twenty years or more. It provides an opportunity for the
National Park Service to consult with interested stakeholders and analyze the benefits,
impacts, and economic costs of alternative courses of action.
The Plan presents three alternatives for the future management of the Parkway.
Alternative A is the "no action" alternative of continuing existing management and
trends. Under Alternative B, the Parkway would be managed as a traditional, self-
contained, scenic recreational driving experience and designed landscape with
enhanced opportunities for dispersed outdoor recreation activities. Alternative B is
the National Park Service's Preferred Alternative. Under Alternative C, Parkway
management would be more integrated with the larger region's resources and
economy. More emphasis would be placed on reaching out to communities and
linking to regional natural, recreational, and cultural heritage resources and
experiences.
On May 19, 2008, the City responded to the initial draft of the Plan with support for
Alternative C, with modifications. The City recommended that the National Park
Service recognize that the Parkway is enjoyed as a national recreational resource by
more than the motoring public; asked the National Park Service to identify increased
funding for roadway maintenance as a priority; requested the Parkway to continue
management of the Roanoke Mountain and Mill Mountain spur roads and enhance the
Roanoke Mountain Campground; recommended that the Parkway accommodate
increasing bicycle use with paved shoulders rather than adding separate paved bike
paths; recommended improved Parkway visitor orientation services at Explore Park
and at the Discovery Center on Mill Mountain; supported unpaved multi-use trails
designed for use by hikers, mountain bikers and equestrians; recommended
volunteer trail development and maintenance, and linking Parkway trails to the
Roanoke Valley Greenway system; requested that the Parkway work with local groups
to develop a solution to providing mountain bike access to the Chestnut Ridge loop;
and recommended creating a seamless connection from the Parkway corridor,
through the Mill Mountain spur to Mill Mountain Park.
Considerations:
The Blue Ridge Parkway contributes greatly to the quality of life in Roanoke, and it is a
critical economic development and tourism asset for our region's future. The general
premise of Alternative C is the most beneficial to the City of Roanoke. Benefits of
Alternative C include a potential Parkway information desk and programs at a site off
the Parkway in Roanoke; expanded information and orientation capabilities at
Virginia's Explore Park; connections between multi-use Parkway paths and community
trails; continued Parkway management of the Roanoke Mountain and Mill Mountain
spur road areas that are under lease agreement with the City of Roanoke; and
enlarging selected tent sites to better accommodate family-sized tents, upgrading
comfort stations to provide showers and universal access, and upgrading existing RV
sites with water and electrical hookups at Roanoke Mountain Campground.
However, each of the proposed Alternatives includes elements that do not benefit the
greater Roanoke community or elements that the City has previously opposed. None
. of the Alternatives explicitly embrace the National Park Service's "Healthy Parks,
Healthy People," "Pathways to Healthy Living," and "America's Great Outdoors"
initiatives, which seek to encourage active recreation and are compatible with
Roanoke's Healthy Living Initiative. All of the Alternatives include a recommendation
to close social trails. Alternative B (the National Park Service's Preferred Alternative)
includes a provision that would guide the Parkway to "establish an agreement with the
City of Roanoke for partnership management of the M ill Mountain spur road area" and
convert the Roanoke Mountain Campground to a day-use area. The City of Roanoke
does not have the financial capability, nor should it be requested, to undertake any
action that is currently within the purview of the National Park Service, including the
ownership, lease, or operation of any land or facility.
Recommended Action:
Approve the attached resolution supporting Alternative C with modifications.
Approval of the resolution will not create any additional obligations for the City of
Roanoke. The City has received permission to submit its written comments on
December 20, following Council consideration of a response to the Draft General
Management Plan.
~~----------
Christopher P. Morrill
City Manager
Distribution: Council Appointed Officers
R. Brian Townsend, Assistant City Manager for Community Development
Thomas N. Carr, Director, Planning Building and Development
Steven C. Buschor, Director Parks and Recreation
2
Roanoke City Council
Regular Session
December 19, 2011
Agenda Item 7.a.1.
Adoption of a resolution supporting an alternative to the proposed
Blue Ridge Parkway Draft General Management Plan/Environmental
Impact Statement dated September 2011, with modifications
Statement of M. Rupert Cutler
204 S. Jefferson Street, Suite 4
Roanoke, VA 24011
Mayor and Council Members:
You have before you a resolution addressed to the Superintendent of the Blue
Ridge Parkway in Asheville. Adoption of this resolution will place the City of Roanoke
on record as urging the National Park Service to adopt the "Alternative C" version of the
f
proposed 2011 Blue Ridge Parkway Final Draft General Management Plan, rather than
the park service's "preferred alternative." I support this resolution as prepared by your
staff, and I ask you to adopt it today.
It seems to me that, for far too long, the City of Roanoke has ignored the
existence on its doorstep of the most visited unit of the entire National Park System,
while Asheville, North Carolina, has "made hay," tourism business-wise, with its similar
location near the Parkway. For example, I don't recall any "wayfaring" signs showing
travelers in Roanoke how to access the Blue Ridge Parkway, other than one lonesome
little sign on Walnut Avenue. (And I don't know of any signs showing travelers in
Roanoke how to access the equally important and nearby Jefferson National Forest!)
So, I am glad the Blue Ridge Parkway is finally on Council's "radar screen" with
this important resolution. Here are some highlights of the situation:
The plan we're talking about will guide Parkway management for twenty years.
Parkway staff want to continue to manage their park primarily as a scenic driving
experience, which was okay when the Parkway was built but doesn't match today's
needs.
The park service wants to close the Roanoke Mountain campground, return the
spur road connection between Mill Mountain and the Parkway to the City, and close the
so-called "social trails" used by hikers and bikers for easy access the Parkway. This is
defeatist thinking on the part of Park Service planners, apparently based on lousy
recent budgets. Long term, they should be planning to connect more-not less-to
Roanoke and other Parkway gateway communities. Roads and trails in the Blue Ridge
Parkway should be linked to other adjacent parks and trails, to encourage more active
and environmentally responsible forms of outdoor recreation than simply "driving for
pleasure." Let's try to see that hiking, running, biking and horseback riding for pleasure
are encouraged and provided for within the Blue Ridge Parkway, too.
Roanoke and outdoor recreation are becoming synonymous, and it would be a
shame if the Blue Ridge Parkway-primarily because of the administrative convenience
of limiting the Parkway's use to motor vehicles and the cost associated with providing
for other compatible uses-continues to limit, or further limits, the way people can enjoy
it.
For example, rather than close the Roanoke Mountain campground that is
admittedly short of some of the amenities expected by today's RV and trailer campers,
why not fix it up so it attracts more use and brings those campers into Roanoke for
supplies and entertainment? Perhaps some form of corporate underwriting or other
private sector support could be found to help do this.
Did you know that the City of Roanoke owns Roanoke Mountain and leases it to
the federal government? In my view a conservation easement should be placed on
Roanoke Mountain just as was done on Mill Mountain to protect it from future adverse
development.
And finally, I cannot let this opportunity pass to put in a plug for the transfer of the
Virginia's Explore Park property by the Commonwealth of Virginia to the United States
government and its addition to the Blue Ridge Parkway, to be run just as Mabry Mill on
the Parkway and Cades Cove in the Great Smoky Mountains National Park are run, as
historic education venues for young and old alike.
Now, I hope you will pass this resolution. Thank you.
E~c 'Younj'
(7, [A, I.
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e e ~
Access to outdoor amenities is a vital component of the Roanoke region's quality of life and a
catalyst for economic development and tourism. Alternative C would further integrate the
Parkway with our region's economy and existing outdoor recreational amenities. The Chamber
believes that all reasonable steps to create a seamless connection between the Parkway and.Mill
Mountain Park through the Mill Mountain Spur and the Chestnut Ridge Loop to the Wood
Thrush Trail and other trails in Mill Mountain Park should be given substantive consideration. In
addition, the Chamber supports improvements to the Roanoke Mountain Campground to meet
market demand for additional campsites in the Roanoke region. Permitting mountain biking on
the Chestnut Ridge Loop Trail would stimulate additional interest in the campground.
Based on their knowledge ofthe geographic proximity of the Parkway to the Roanoke Valley,
the Chamber believes that local stakeholders are ideally suited to evaluate the network of "social
trails" that are currently used by bicyclists, hikers, and equestrians to access the Parkway.@afe
access to the Parkway that is adaptable to a diverse range of user activities is critical to the
Roanoke region's ongoing efforts to develop its outdoor recreational amenities into a thriving
economic driver]
\Ne
THs \:'lu...Lcl appreciateJthe Parkway administration's on-going commitment to working with
this region's users of the Parkway. f1v\{) I/V't..- loc>l<- ~~ ~ 'LV ~Lo-
~~ P~'t-t'~1 ~ O~ ~cl-.~~.
~\c (joJ VWo""
C:ovYt,ev\ Yve-~
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I~ 1;. ~ -.r:~~
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~~
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IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 19th day of December, 2011.
No. 39274-121911.
A RESOLUTION approving a Public Art Action Plan for 2012.
BE IT RESOLVED by the Council of the City of Roanoke that Council hereby approves
the Public Art Action Plan for 2012 as outlined in the City Manager's report dated December 19,
2011, as a part of the City's Public Art Policy.
public art plan 2012,doc
ATTEST:
~rn.~OvV
City Clerk.
/
i~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 19th day of December, 2011.
No. 39275~121911.
AN ORDINANCE to transfer funding from Percent for the Arts capital project to various
new art projects, amending and reordaining certain sections of the 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
2012 Capital Projects Fund Appropriations be, and the same are hereby, amended and
reordained to read and provide as follows:
Appropriations
Appropriated from General Revenue
Appropriated from General Revenue
Appropriated from General Revenue
Appropriated from General Revenue
Appropriated from General Revenue
08-61 0-9929-9003
08-610-9957-9003
08-61 0-9958-9003
08-61 0-9959-9003
08-61 0-9960-9003
$ ( 9,400)
1,000
4,900
500
3,000
Pursuant to the provisions of Section 12 of the City Charter, the second reading of this
ordinance by title is hereby dispensed with.
ATTEST:
~~.~~
City Clerk.
CITY COUNCIL AGENDA REPORT
To:
Meeting:
Subject:
Honorable Mayor and Members of City Council
December 19, 2011
Public Art Action Plan for 2012
Backg rou nd:
On April 2, 2007, Roanoke City Council adopted the Public Art Site Plan.
According to the Site Plan, the Arts and Culture Coordinator is to present an
annual Public Art Action Plan to the Roanoke Arts Commission (RAC) which will
identify projects and estimated budgets for those prospective projects. The
Public Art Site Plan also states that "Once approved by the RAC, the Public Art
Action Plan is to be submitted to the City Manager for review and then to City
Council for approval" before December 31 each year.
At the November 8, 2011 meeting of the RAC, the Commissioners voted on
sites and an estimated budget for public art projects for 2012. The purpose of
this report is to submit the recommendation of the RAC to City Council.
Considerations:
It is the goal of the RAC to develop a wide range of projects of the various types
eligible through the Public Art Policy at diverse locations throughout the City.
The second round of A/R: Art in Roanoke will remain in place until March 2012.
Budget constraints do not allow for the RAC to plan an AIR3 at this time,
however, the RAC recommends the purchase of one of the pieces in the current
AIR exhibit. With limited funds currently in the Percent for Art account, the RAC
is concentrating on projects with partner organizations and other City
departments in 2012. The RAC is also involved with implementing a
conservation grant from the National Endowment for the Arts to protect and
preserve older works in the City's collection and must retain funds in the
Percent for Art account for that effort. Therefore, RAC recommends the
following projects for 2012.
· Big Belly Solar Compactors - The RAC is partnering with Solid Waste
Management on this project, which department has applied for CDBG
Funds to purchase an additional six Big Belly Solar Compactors and add
an artistic element to the new and already existing Compactors. They will
be placed in the focus area that includes sections of Hurt Park, West End,
Mt. View, and Old Southwest. Based on the Philadelphia model "Litter
Critters" local artists will be chosen to design artwork for the containers
that will be manufactured and placed on the containers as a wrap similar
to bus wraps.
Budget: $1,000 in Percent for Art Funds.
· Purchase AIR2 piece "Trojan Dog" which will be recreated by the artist
Ann Glover in Fiberglass. The fiberglass piece will take the place of the
wooden "Trojan Dog" in front of the fire station on Memorial Avenue. This
is a partnership project with Raleigh Court Civic League, which will
provide $5,600 in funds
Budget: $4,900 in Percent Funds
· Williamson Road Library Temporary Art Project - In partnership with a
Hollins University Art Professor and Roanoke City Schools the Arts
Commission will coordinate the creation of a temporary print project in
the new teen center at the library. Hollins students will work with
Breckinridge Middle School students to design and create artwork to be
placed on the front windows of the teen center.
Budget: $500 in Percent for Art Funds
· Hurt Park Bus Shelter - This is a partnership project with Valley Metro,
Ride Solutions, and the Hurt Park Neighborhood Association.(HPNA) The
HPNA is working with the Roanoke Redevelopment and Housing Authority
(RRHA) to develop an empty lot at the corner of Salem Ave and 13th Street.
Valley Metro has agreed to move the bus stop at 12th street to this
location. The HPNA is applying for a Neighborhood Development Grant
and Ride Solutions has allocated $3,000. Valley Metro has pledged funds
equ ivalent to the pu rchase price of a standard bus shelter. The project is
contingent on the HPNA receiving the grant and the RRHA being able to
reallocate the land for this use.
Budget: $3,000 in Percent for Art Funds
Recommended Action:
Adopt the attached resolution which approves the Public Art Action Plan for
fiscal year 2012.
Adopt the accompanying budget ordinance to transfer funding in the amount of
$9,400 from Percent for the Arts (08-610-9929-9003) to new accounts to be
established by the Director of Finance in the Capital Projects Fund;
Christopher P. Morrill
City Manager
Distribution: Council Appointed Officers
Brian Townsend, Assistant City Manager for Community Development
Susan Jennings, Art and Culture Coordinator
2
Partnership Project with Raleigh Court
Civic League
. Trojan Dog recreated in fiberglass
by artist Ann Glover
. Sources RCCl grant
Percent Funds
$5,798
$4,900
. Expenses $10,500 - fabrication &installation
$125 - permanent sign
Memorial Avenue at Fire Station
Williamson Rd Library
. Collaboration with Hollins University Art
Professor, Libraries and Breckinridge Middle
School
. January 2012
. Students from Hollins will work with BMS
students to create art on the front windows of .
new teen center
. Opening to tie in with Marginal Arts Festival
in February
. Expenses of $500
Williamson Rd. Library
Teen Center Area
Relief Printmaking
Sample of Relief Printmaking
Hurt Park Bus Shelter - Salem Ave. at
13th Street
. Ride Solutions
. Valley Metro
$3,000
$12,000 to
$15,000
. Percent for Art $3,000
. Neighborhood applying for funds through
Neighborhood Grant Program
Bus Shelter Site
Total Percent for Art Budget for 2012
e Total in Percent for Art Account
. 2012 Expenses
Big Bellies
Trojan Dog
Will. Rd Library
Hurt Park Bus Shelter
$61 ,900
$1,000
$4,900
$500
$3,000
$9,400
Total Expenses
Remainder of funds in the Percent for Art account are
for maintenance and the NEA conservation grant
The Roanoke Arts Commission
Thank you for your support of the
Public Art Program
Questions?
~:t-~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 19th day of December, 2011.
No. 39276-121911.
A RESOLUTION closing certain City offices Friday, December 23,2011, and providing for
additional holiday leave for all City employees.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. City offices that are not engaged in performing emergency services or other necessary
and essential services of the City shall be closed Friday, December 23,2011.
2. City personnel who are not engaged in performing emergency servIces or other
necessary and essential services for the City shall be excused from work for eight hours Friday,
December 23,2011.
3. With respect to emergency servIce employees and other employees performing
necessary and essential services who cannot for reasons of public health, safety or welfare be excused
from work Friday, December 23, 2011, such employees, regardless ,of whether they are scheduled to
work Friday, December 23, 2011, shall be accorded. time off at a later date. Employees of the Fire-
EMS Department working the three platoon system shall receive a total of twelve hours of holiday time
due to their work schedule for the this holiday.
4. Adherence to this resolution shall cause no disruption or cessation of the performance
of any emergency, essential or necessary public service rendered or performed by the City.
ATTEST:
~~01.M~
City Clerk. L
K:\Measures\holiday time off december 2011.doc
CITY COUNCIL AGENDA REPORT
To:
Meeting:
Subject:
Honorable Mayor and Members of City Council
December 19, 2011
Additional Holiday Leave for City Employees
Background:
While City of Roanoke employees received a stipend in June 2011 and
November 2011, an increase in base pay has not been provided since July 2008.
Although challenged by the current economic climate, our employees have
continued to maintain a positive attitude and work through these difficult times
that included budget and staffing reductions.
Currently, Monday, December 26, 2011, is a scheduled holiday for City of
Roanoke employees, with City offices closed. Providing Friday, December 23,
2011, as an additional holiday is a way to recognize our employees for their
contributions during these challenging economic times. The Commonwealth of
Virginia, Roanoke County, Botetourt County, Salem and Vinton will provide
Friday, December 23, 2011, as an additional holiday.
Considerations:
Emergency employees and other employees performing necessary and essential
services who cannot for reasons of public health, safety, or welfare be excused
from work on Friday, December 23, 2011, will be given time off at a later date.
The payroll costs for one work day are $309,000. This is not an incremental
cost as funding is already budgeted for anticipated salary and benefit expenses.
Recommended Action:
Adopt the attached resolution approving additional holiday time consisting of
all day on Friday, December 23, 2011, for all City employees in recognition of
their outstanding service throughout the year.
Christopher P. Morrill
City Manager
Distribution: Council Appointed Officers
Director of Human Resources
~f~
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\\"
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA
The 19th day of December, 2011.
No. 39277-121911.
A RESOLUTION authorizing acceptance by the City Manager, or the City Manager's
designee, of dedications of certain public rights-of-way and public easements for streets, sidewalks
and the management of stormwater.
WHEREAS, the City of Roanoke ("City") routinely accepts dedications of public rights-of-
way and public easements for streets, sidewalks and the management of stormwater, through the
subdivision approval process;
WHEREAS, dedications of public rights-of-way and public easements for streets, sidewalks
and the management of stormwater, are needed in instances in which the subdivision approval
process does not apply;
WHEREAS, Section 15.2-1800 of the Code of Virginia (1950), as amended, authorizes the
City to accept any interest in real estate, whether improved or unimproved, within its jurisdiction, for
any public use;
WHEREAS, accepting dedications of public rights-of-way and public easements for streets,
sidewalks and the management of stormwater, for developments in instances in which the
subdivision approval process does not apply can be streamlined by delegating authority to accept
such interests in real estate to the City Administration, thereby expediting development approvals;
and
WHEREAS, City Council believes that the administrative acceptance of dedications of public
rights-of-way and public easements for streets, sidewalks and the management of stormwater is,
under certain conditions, appropriate and necessary for the orderiy and efficient development of real
estate in the City of Roanoke.
K:\Talevi\measures\city council measures\Res-dedication of public st rights of way & easements,doc
1
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City
Manager, or the City Manager's designee, is hereby authorized to accept dedications of public rights-
of-way or easements for streets, sidewalks and the management of stormwater, under the following
conditions:
1. All such dedications shall be for public use only;
2. All such dedications shall comply with the requirements of Section 15.2-1803 of the
Code of Virginia (1950), as amended, including the requirement that any deed conveying such
interests shall be in form approved by the City Attorney;
3. All such dedications shall be necessitated by the physical development or physical
operation of the real estate subject to the dedication of public right-of-way or public easement for
streets, sidewalks and the management of stormwater;
4. Upon the recordation of such deed or plat, or upon the acceptance by the City of
improvements set forth in an approved plan, the City shall be responsible for maintenance of such
public right-of-way or public easement for streets, sidewalks and the management of stormwater;
5. All such dedications shall be voluntary and shall so indicate on the deed, plat or plan,
approved and accepted by the City; and
6. All such dedications shall otherwise comply with all applicable requirements ofthe
City's zoning and other ordinances.
ATTEST:
2t4.,(}:...: '-'~ - 00)\)0.0
City Clerk. L
K:\Talevi\measures\city council measures\Res-dedication of public st rights of way & easements. doc
2
CITY COUNCIL AGENDA REPORT
To:
Meeting:
Subject:
Honorable Mayor and Members of City Council
December 19, 2011
Dedication of Public Street Rights of Way and Easements for
Development Projects Not Requiring the Subdivision of Land
Background:
The City of Roanoke Subdivision Ordinance does not address situations where the
dedication of public street rights of way and/or easements is necessitated by a
development, unless the subject property is subdivided. Development of most
property requires the consolidation or subdivision of real property, and the plat of
subdivision serves as the legal instrument to convey those property interests needed
for public purposes to the City. The current subdivision ordinance authorizes
acceptance of such dedications by the approval of the plat of subdivision by the
Subdivision Agent and City Engineer.
When property is developed and a plat of subdivision is not required, but it is
necessary for the real property owner to make dedications for rights of way for public
street purposes and/or public easements, the current process requires consideration
and approval of the acceptance of the proposed dedications by City Council.
Considerations:
Dedication of rights of ways for public street purposes and public easements are
considered routine and are fully reviewed during the comprehensive plan review
process. In order to provide for acceptance of property dedications for public
purposes and expedite plan approval, staff recommends that the attached resolution
authorizing acceptance of these dedications by the City Engineer and Subdivision
Agent be adopted.
Recommended Action:
Adopt the attached resolution authorizing acceptance of dedications of rights of way
and I" asements by the City Engineer and the Subdivision Agent.
p er P. Morrill
City Manager
Distribution: Council Appointed Officers
R. Brian Townsend, Assistant City Manager for Community Development
Tom Carr, Director of Planning Building and Development I
Philip Schirmer, City Engineer
Chris Chittum, Planning Administrator/Subdivision Agent
{J.i C-
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 19th day of December, 2011.
No. 39278-121911.
AN ORDINANCE authorizing the conveyance of a 10-foot wide by 1,080-foot long
above ground and underground utility easement across City-owned property identified as
Roanoke City Public Schools Operation Center (former William Ruffner Middle School), and
d~signated as Tax Map No. 6460102, to Verizon Virginia, Inc., upon certain terms and
conditions; and dispensing with the second reading by title ofthis ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. The City Manager and City Clerk are hereby authorized, for and on behalf 0 f the
City, to execute and attest, respectively, the necessary documents providing for the conveyance
of a 10-foot wide by 1,080-foot long above ground and underground utility easement across
City-owned property identified as Roanoke City Public Schools Operation Center and designated
as Tax Map No. 6460102, to Verizon Virginia, Inc., to install a communication system to serve
the Operation Center, as more particularly set forth in the City Manager's report to this Council
dated December 19, 2011.
2. All documents necessary for this conveyance shall be in a form approved by the
City Attorney.
3. Pursuant to the provisions of Section 12 of the City Charter, the second read~g of
this ordinance by title is hereby dispensed with.
ATTEST:
~t;l;t::n. ~~
CITY COUNCIL AGENDA REPORT
To:
Meeting:
Subject:
(1, .
Honorable Mayor and Members of City Council
December 1 9, 2011
Request for Easement on City-Owned Property also known as
Tax Map No. 6460102, Roanoke City Public Schools Operation
Ce nte r
Background:
Verizon Virginia, Inc., has requested an above and below ground easement,
1,080 feet in length and 10 feet in width, across City-owned property, identified
as the Roanoke City Public Schools Operation Center (former William Ruffner
Middle School), Tax Map #6460102, in order to install a communication system.
to serve the Operation Center. The proposed deed of easement and map are
attached as Attachment #1 .
Recommended Action:
Authorize the City Manager to execute the deed of easement as described
above to Verizon Virginia, Inc., which easement shall be approved as to form by
the City Attorney.
hristopher P. Morrill
City Manager
Distribution: Council Appointed Officers
R. Brian Townsend, Assistant City Manager for Community Development
Robert B. Ledger, Economic Development Manager
Cassandra L. Turner, Economic Development Specialist
VerizonW.O. No.: 6AOA010
VDOT Project No.:
ROWTracking No.:BCC-8888D-R
Parcel No.:
After Recordina Mail To:
VERIZON VIRGINIA INC.
4843 OAKLAND BLVD
ROANOKE VA. 24012
~
Verl70n
Document PreDared By:
VERIZON VIRGINIA INC.
4843 OAKLAND BLVD,
ROANOKE VA 24012
TAX MAP PARCEL I.D. NO:
6460102
DEED OF EASEMENT
THIS DEED OF EASEMENT made this _ day of , 2011, by and
between aty of Roanoke. herein after called Grantor and VERIZON VIRGINIA INC., a Virginia
corporation, its successors, assigns lessees and agents, herein after called Grantee
WIT N E SSE T H:
"
For and in consideration of One Dollar ($1.00) cash in hand paid unto Grantor and for other good
and valuable considerations, the receipt and sufficiency of which is hereby acknowledged,
Grantor hereby grants and conveys unto Grant~, its successors, assigns, lessees and agents, a
perpetual non-exclusive easement and right of way (the "Easement'')to install, construct,
operate, maintain, inspect, improve, relocate, alter, replace and remove a communication system
consisting of such buried cable, buried wires, posts, terminals, pedestals, vaults, conduits,
manholes, handholes, and related above-ground facilities, including but not limited to, posts,
terminals, location markers, cabinets, equipment housing, and other appurtenances (the
"Fadlities"), as Grantee may from time to time require, upon, under, across and over Grantor's
real property being located in the City of Roanoke. Commonwealth of Virginia more particularly
identified as Roanoke atv Public Schools Operation Center (Old Ruffner Schoo!), (the "Property'')
as shown and described on a plat identified as Exhibit "A", numbered, BCC-88880-R attached
hereto and made a part hereof (the "Easement Area'').
Said Easement is hereby granted and conveyed WIto Grantee together with the
following rights and covenants:
1 Grantee shall have the right of ingress and egress over, upon and across the
Property, including Grantor's private roads, to and from the communications
system and Easement, including the right to temporarily open and close fences,
for the purposes of exercising the rights herein granted.
2 Grantee shall have the right to trim, cut and remove trees, shrubbery, WIdergrowth
and other obstructions within the Easement Area which interfere with or threaten
the efficient and safe operation, construction or maintenance of it facilities or
impedes the access thereto.
3 The communications system constructed hereunder is and shall remain the
property of the Grantee. Grantee shall have the right to inspect, rebuild, remove,
repair, remove and relocate its communications system, or any part thereof, within
the Easement Area, and may make such changes, alterations, substitutions,
additions in and to or extensions of its facilities as it deems advisable without the
prior consent of the Grantor.
4 All such rights shall be exercised in a manner as shall occasion the least
practicable damage and inconvenience to Grantor.
5 Grantor further grants WIto Grantee, a Service Easement to the proposed
improvement on each lot now or hereafter created on the Property (the "Service
Sheet 1 of 5
Verizon W. O. No.: 6AOA010
yPOT Project No.:
ROW Tracking No.:SCC-8888o-R
Parcd No.:
Easement"). Grantee may select one location on each lot for the Service
Easement. The Service Easement shall be ten feet (10') in width, the centerline of
which shall be the communications system facilities as installed.
6 During periods of actual construction, Grantee shall have the temporary right to
use Grantor's property lying adjacent to the Easement Area
7 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.
8 Grantor, its successors and assigns, may use said easement for any purpose not
inconsistent with the rights hereby granted, including but not limited to, the right
to construct and maintain private roadways, sidewalks, parking lots and fences
. within the Easement Area; provided such use does not.interfere with the safe and
efficient construction, operation or maintenance of the communications system or
impedes access thereto and further provided that such use by Grantor is not
inconsistent with any laws, ordinances or codes pertaining to the construction,
operation or maintenance of such communications system and to which Grantor is
subject.
9 Grantee, its successors and assigns hereby agree to indemnity and save harmless
Grantor, its officers, agents and employees from any and all claims, demands,
damages, including death, and liability of every kind and nature whatsoever that
arise solely from the acts or omissions of Grantee in exercising its rights granted
herein.
10 Grantee, its successors and assigns agree to relocate Grantee's facilities, at
Grantor's expense, to a new easement, suitable to Grantee and provided or
obtained by Grantor at Grantor's expense, at the request of the Grantor, provided,
however, that the new easement is provided or obtained and Grantor provides
Grantee notification of required relocation, in writing, at least ninety (90) days
prior to required completion of relocation.
II The Grantee, after constructing, inspecting or maintaining its facilities, shall
restore the property as nearly as reasonably practicable to the condition of the
property existing immediately prior to the commencement of the work to
construct, inspect or maintain its facilities. Grantee shall be liable for all physical
damages resulting from its own exercise of the rights granted hereunder, except
where such damage is not attributable to the actions of the Grantee, including, but
not limited to, those damages resulting from the forces of nature. and/or other
causes beyond the control of Grantee; provided, however, that Grantee is notified
of any damage in writing by Grantor within thirty (30) days of completion of
Grantee's activity within the Easement Area.
12 Grantor covenants that it is seized of the Property and has the right to convey the
Easement, rights and privileges herein conveyed to Grantee and that Grantee shall
have quiet and peaceable possession, use and enjoyment of the aforesaid
Easement, rights and privileges hereby granted.
Sheet 2 of 5
Verizon W.O. No.: 6AOA010
VDOT Project No.:
ROW Tracking No.:BCC-SS880-R
patcel No.:
IN WITNESS WHEREOF, the following signature(s) and seal(s):
City of Roanoke
By:
Print Name: Christopher P. Morrill
Print Title: City Manager
COMMONWEALTH OF VIRGINIA:
County/City of : to wit:
I, , a Notary Public in and for the jurisdiction aforesaid do hereby
certify that Christopher P. MORRILL, City Manager, did personally appear before me and
acknowledge the foregoing writing dated in the jurisdiction aforesaid this _
day of , 2011.
My Commission expires:
Notary Registration Number:
Notary Public
Sheet 3 of 5
VerizonW.O.No.: 6AOA010
yoar Project No.:
ROW Tracking No.:BCC-8888D-R
Parcel No.:
Exhibit" A"
SEE A IT ACHED SKETCH
,
Site Plan Reference:
VERIZON VIRGINIA INC. OWNER: COUNTY:
RIGHT-OF-WAY PLAT City of Roanoke Roanoke
Attn: Sandra Turner TAX MAP NO.
117 Church Ave S.W. 6460102
-,,-,,-..-OENOTES lLANO/OR RN'J Roanoke, VA. 24011 MAGISTERIAL
----...---- LIMITS OF RIGHT-OF-WAY
CONTACT TEL NO.: 540-853-6439
E.A: Dan Shelton GRANTOR: SH E-W N-S
PHONE NO.: 703-663-1941 City of Roanoke NVSM .
CENTRAL OFFICE: GRANTOR: PLAT NO.
Barkley
6AOAIOl BCC-88880-R
Sheet 4 of 5
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NOTICE:
THE COMPREHENSIVE ANNUAL
FINANCIAL REPORT (CAFR) IS ON FILE
IN THE CITY CLERK'S OFFICE.
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
CECELIA T. WEBB
Assistant Deputy City Clerk
December 20,2011
Cindy H. Poulton, Clerk
Roanoke City School Board
Roanoke, Virginia
Dear Ms. Poulton:
I am enclosing copy of Budget Ordinance No. 39279-121911 to appropriate funding
from the Federal grants for various educational programs, amending and reordaining
certain sections of the 2011-2012 School Grant Fund Appropriations.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, December 19, 2011, and is in full force and effect
upon its passage.
Sincerely,
~P1.~
Stephanie M. Moon, MMC
City Clerk
Enclosure
pc: Christopher P. Morrill, City Manager
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
Amelia Merchant, Director, Management and Budget
"
(1~
~c
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 19th day of December, 2011.
No. 39279-121911.
AN ORDINANCE to appropriate funding from the Federal grants for various educational
programs, amending and reordaining certain sections of the 2011-2012 Schoob 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 School Grant Fund Appropriations be, and the same are hereby, amended and
reordained to read and provide as follows:
Appropriations
Instructional Supplies, Elementary'
Instructional Supplies, Secondary
302-110-11 01-0000-137F-611 00-46614-2-01
302-110-11 01-0000-137F-611 00-46614-3-01
$ 1,194
1,194
Revenues
Federal Grant Receipts
302 -000-0000-0000-13 7F -00000-38365-0-00
2,388
Pursuant to the provisions of Section 12 of the City Charter, the second reading of this
ordinance by title is hereby dispensed with.
ATTEST:
~~Ie~'~
December 19, 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 December 13, 2011, the
Board respectfully requests City Council approve the following
appropriation:
Revised Appropriation
Additional Award
Title III-A Limited English Proficient 2011-12
$2,388
The School Board thanks you for your approval of the appropriation
requests as submitted.
Sincerely,
~-H.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
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:
Subject:
Honorable Mayor and Members of City Council
December 19,2011
School Board Appropriation Requests
Background:
As the result of official School Board action at its December 13th meeting, the
Board respectfully requested that City Council appropriate funding as outlined in
this report.
The 2011-12 Title III-A Limited English Proficiency grant of $2,388 will provide
funds for instructional supplies for teachers to utilize when teaching students with
limited English proficiency. The program will end September 30, 2013.
Recommended Action:
We recommend that you concur with this report of the School Board and adopt the
attached budget ordinance to appropriate funding as outlined.
~W~
ANN . SHAWVER . ---
Director of Finance
Distribution: Council 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
December 20, 2011
Eugene Whitesell
Pheasant Ridge Investors, LLC
4423 Pheasant Ridge Road, #301
Roanoke, Virginia 24014
Dear Mr. Whitesell:
I am enclosing copy of Ordinance No. 39280-121911 amending Proffer Nos. 1,2, and 6
adopted by Ordinance No. 36883-101804 on October 18, 2004, with respect to
properties located at 4428 Pheasant Ridge Road, S. W., as set forth in the Amended
Application No.1 dated October 20, 2011, such amendment changing the reference to
the development plan pertaining to the subject property, allowing all uses otherwise
allowed in the MX, Mixed Use District, and altering the layout of landscaping on the
subject property.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, December 19, 2Q11; and is in full forc~ and effect
upon its passage.
Sincerely,
ftFtQ ~~.::t&N
Stephanie M. Moon, MMC
City Clerk
Enclosure
pc: Bella Vita Holdings, LLC, 301 6th St, S., W., Roanoke, Virginia 24016
MKL Properties, LLC, 2580 Lakewood Forest Road, Moneta, Virginia 24121
Interactive Achievement Holding Company, LLC, P. O. Box 3122, Roanoke,
Virginia 24015-1122
Eugene Whitesell
December 20,2011
Page 2
pc: Pr Homes, LLC, Pheasant Ridge R. E. Holdings, LLC, 4423 Pheasant Ridge
Road, S. W., Suite 301 , Roanoke, Virginia 24014
PR Homes, LLC, Dalton Place, LLC, 4423 Pheasant Ridge Road, S. W., Suite
301, Roanoke, Virginia 24014
Terry Leo Edwards, 4437 Van Winkle Road, S. W., Roanoke, Virginia 24014
Ruby Marie Muse, 4422 Van Winkle Road, S. W., Roanoke, Virginia 24014
Leza K. Crozier, 1111 Cambridge Square, Vinton, Virginia 24179
Deloitte Tax, LLP, Attn: HCPI, HCP Virginia, Inc., 2235 Faraday Avenue
Carlsbad, California 92009
Pheasant Ridge Condominiums, LLC, 4423 Pheasant Ridge Road, S. W., Suite
301, Roanoke, Virginia 24014
Pr Wellness Real Property, LLC, Pheasant Ridge Wellness Center, LLC, 4423
Pheasant Ridge Road, S. W., Suite 301, Roanoke, Virginia 24014
Heartland Bank, Attn: S. Simon, Roanoke Senior Living Property, LLC, 14125
Clayton Road, Chester, Mo 63017
Phyllis Hill, Southern Hills Neighborhood Council, 4305 Van Winkle Road, S.W.,
Roanoke, Virginia 24014
Jeff Campbell, Southern Hills Neighborhood Council, 424 Highland Avenue,
S.W., Roanoke, Virginia 24016
Phillip Thompson, Roanoke County Planner, P.O. Box 29800, Roanoke, Virginia
24018
Christopher P. Morrill, City Manager
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
R. Brian Townsend, Assistant City Manager for Community Development
Steve Talevi, Assistant City Attorney
Philip Schirmer, City Engineer
Susan Lower, Director, Real Estate Valuation
Rebecca Cockram, Secretary, City Planning Commission
~~'l
\~a-q \
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 19th day of December, 2011.
No. 39280-121911.
AN ORDINANCE to amend 936.2-100, Code of the City of Roanoke (1979), as
amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as
amended, by ;1mending certain proffers accepted by the adoption of Ordinance No. 36883-
101804, on October 18, 2004, pertaining to certain property located at 4428 Pheasant Ridge
Road, SW; and dispensing with the second reading by title of this ordinance.
WHEREAS, Eugene Whitesell, on behalf of Pheasant Ridge Investors, LLC, has made
application to the Council ofthe City of Roanoke, Virginia ("City Council"), to amend proffered
condition Nos. 1, 2, and 6, as such proffers are set forth in the Second .Amended Petition to
Amend Proffered Conditions, filed on September 15, 2004, and accepted by City Council by the
adoption of Ordinance No. 36883-101804, as they pertain to the parcel ofland at 4428 Pheasant
Ridge Road, SW, bearing Official Tax No. 5460165, such amendment of proffers to allow for
the addition 0 f a 26 space parking lot;
.
WHEREAS, the City Planning COnllnission, after giving proper notice to all conce~ed
as required by 936.2-540, Code of the City of Roanoke (1979), as amended, and after conducting
a public hearing on the matter, has made its recommendation to Council;
WHEREAS, a public hearing was held by City Council on such application at its meeting
on December 19, 2011, after due and timely notice thereofas required by 936.2-540, Code of the
City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were
given an opportunity to be heard, both for and against the proposed 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, finds that the public necessity,
'K:\Talevi\measures\planning commission measures\O--amend existing proffers - pheasant ridge - add 26 space parking lot doc
1
convenience, general welfare and good zoning practice, require the amending of certain proffers
as they pertain to a property located at 4428 Pheasant Ridge Road, SW, bearing Official Tax No.
5460165, as set forth in the Amended Application No.1 dated October 20, 2011, should be
amended as requested, such amendment changing the reference to the development plan
pertaining to the subject property, allowing all uses otherwise allowed in the MX, Mixed Use
District, and altering the layout oflandscaping on the subject property.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that:
1. Certain proffers accepted by City Council when it adopted Ordmance No. 36883-
101804, on October 18, 2004, with respect to property located at 4428 Pheasant Road, SW,
bearing Official Tax No, 5460165, be amended as set forth in the Amended Application No.1
dated October 20,2011; and that 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,
be amended to reflect such action.
2. Pursuant to the provisions of Section 12 ofthe City Charter, the second reading of
this ordinance by title is hereby dispensed with.
ATTEST:
~\Y\.~0v\J
City Clerk .
K:\Talevi\measures\planning commission measures\O--amend existing proffers - pheasant ridge - add 26 space parking lot doc
2
To:
Meeting:
Subject:
CITY COUNCIL AGENDA REPORT
Honorable Mayor and Members of City Council
December 19, 2011
Request from Eugene Whitesell, on behalf of Pheasant Ridge
Investors, LLC, to amend Proffered Condition Nos. 1, 2, and 6, as
such proffers are set forth in the Second Amended Petition to
Amend Proffered Conditions, filed on September 15, 2004, and
accepted by City Council by the adoption of Ordinance No.
36883-101804, as they pertain to the parcel of land at 4428
Pheasant Ridge Road, SW, bearing tax no. 5460165, such
amendment of proffers to allow for the addition of a 26 space
parking lot. The proposed general usage of the property is
congregate home, elderly. The comprehensive plan designates
the property for mixed density residential.
Planning Commission Public Hearing and Recommendation: .
The Planning Commission held a public hearing on Thursday, November 17,
2011. By a vote of 7 - 0 the Commission recommended approval of the
rezoning request to expand off-street parking. The Commission found the
suburban design and steep topography of the development's private streets
unsafe and inconvenient pedestrian access from on-street parking. The
Commission also felt the proffered landscaping would help mitigate the visual
and environmental impacts of the parking area.
Application Information
Request: Amendment of Proffered Conditions (Ordinance
No. 36883-101804)
Owner: Pheasant Ridge II Investors, LLC
Authorized Agent: Eugene Whitesell
City Staff Person: Maribeth B. Mills
Site Address/Location: 4428 Pheasant Ridge Road SW
Official Tax Nos.: 5460165
Site Area: 5.97 acres
Existing Zoning: MX, Mixed Use District with conditions
Proposed Zoning: MX, Mixed Use District with conditions
Existing Land Use: Congregate home, elderly
Proposed Land Use: Congregate home, elderly
Neighborhood Plan: Southern Hills Neighborhood Plan
Specified Future Land Mixed Density Residential
Use:
Filing Date: Original Application: October 6, 2011 ; Amended
Application NO.1: October 20, 2011
Background
In February of 1996, City Council rezoned the subject property to C-1 , Office
and Institutional District to permit the establishment of an independent living
center (congregate home, elderly). Several conditions were proffered relating to
site layout, land use, landscaping, buffer yards, building materials, and
recreational amenities. These proffers were later amended in October 2004. A
4-four story building over a 57-space parking garage was constructed with an
associated 24-space surface parking lot, landscaping, and asphalt walking
trails.
As part of a comprehensive rezoning in 2005, the site was rezoned to MX,
Mixed Use District. The proffered conditions remained in place.
The applicant requests amendment of the development and landscaping plans
to permit the construction of a 26-space surface parking lot with associated
walkway, landscaping, and stormwater management system to accommodate
overflow visitor and employee parking. At staff's recommendation, the
applicant also requests the repeal of proffered condition no. 2 relating to the
permitted land uses.
Conditions Proffered by the Applicant
The applicant hereby requests that the following proffered conditions enacted
by Ordinance No. 36883-101804 be amended as it pertains to Official Tax No.
5460165.
1. That the property will be in substantial conformity with the conceptual
site diagram Development Plan for 4428 Pheasant Ridge Road S. W.
prepared by Jones and Jones, Architects PC, dated 4 August 2004.
Mattern and Craig, dated October 21, 2011. A copy of which is attached
to the Petition for rezoning application as Exhibit "A", subject to any
changes required by the City during site development plan review;
2. That the property shall be used only for the follo'vving uses
a; Permitted uses:
f:, General, medical and professional offices
b; Special exception uses:
f:, Group care facilities subject to the requirements of Section
36.10560 et seq
+i-: Multifamily dwellings, so long as a special exception is
granted
2
tit.- Medical clinic
3. That a wooded buffer area contiguous with the northern property lines
will be maintained as a wooded area for a width of at least fifty (50) feet
as depicted on Exhibit "A";
4. That all proposed structures shown on Exhibit "A" will be constructed of
natural exterior building materials such as stone, brick, decorative block,
stucco and wood. This shall not preclude the use of other building
construction materials when used as a particular component of the
building system such as glass atriums, skylights, entry canopies,
standing seam metal roofs, or other structural or mechanical system
incident to the building use. Metal building, mobile or manufactured
buildings with exception of temporary structures used as contractors'
offices during construction, or other structures inconsistent with the
above described selection of materials shall not be used in this
development;
5. Recreational amenities, consisting of internal walkways shall be improved
surfaces and integrated with existing walkways on adjacent parcels and
as depicted on Exhibit "A";
6. Landscaping shall be installed and maintained on the north slope near
the independent living facility as shown on exhibit "A" and surrounding
the proposed parking lot in substantial conformity with the conceptual
landscaping plan Landscape Plan (titled Parking Lot Addition/Pheasant
Ridge) prepared by Mattern & Craig, dated October 21, 2011 and
attached to the application as Exhibit~"B".
Considerations
Surrounding Zoning and Land Use:
North
Zonin District
MXPUD, Mixed Use Planned Unit
Develo ment
MX, Mixed Use District
MX, Mixed Use District and R7,
Residential Sin le-Famil District
MX, Mixed Use District
Land Use
Vacant
South
East
West
Multifamil residential, elderl
Nursing home and single-family
residence
Con re ate home, elderl
Compliance with the Zoning Ordinance:
Per Table 652-2 of the City's Zoning Ordinance, a 95-room congregate home for
the elderly allows a maximum of 48 parking spaces. Parking is currently
provided in a parking garage for residents and a 24-space surface lot (two of
which are designated handicap spaces) for employees and visitors. Structured
3
and handicap spaces do not count towards the maximum parking requirement.
Therefore, 26 additional spaces may be added to the site.
Conformity with the Comprehensive Plan and Neighborhood Plan:
Vision 2001-2020 and the Southern Hills Neighborhood Plan both discourage
on-site parking in favor of on-street parking. However, the suburban design of
the development's private streets in combination with the site's topography
creates unsafe walking conditions for employees and visitors accessing the
building from on-street spaces. Providing additional off-street spaces with
direct access into the building will alleviate this concern. The parking area
would also be heavily landscaped to replace lost vegetation and mitigate any
potential erosion issues. Both plans identify stormwater management and the
maintenance of existing vegetation as major issues. A total of 16 large
deciduous trees, 23 evergreen trees, 36 small deciduous trees, and 180 shrubs
have been proffered for the areas surrounding the parking area.
Relevant Vision 2001-2020 policies:
. EC P4. Environmental quality. Roanoke will protect the environment and
ensure quality air and water for citizens of the region. (EC A 13. Limit the
amount of impervious surfaces to reduce runoff.)
. IN P4. Parking. Roanoke will encourage on-street parking wherever possible
and discourage excessive surface parking lots. Maximum parking standards
for development outside of downtown will be established. Off-street parking
will be encouraged to the side or rear of buildings.
. PE P9. Health and human service agencies. Roanoke will support a range of
health and human services to meet the needs of Roanoke's citizens.
Relevant Southern Hills Neighborhood Plan policies:
. Residential Development Policies
o Support continued mixed density residential development in
Pheasant Ridge and Southmont.
. Quality of Life Policies
o Ensure that new development preserves mature trees and
incorporates new tree plantings to replace those lost during
development.
o Encourage the use of clustered development to avoid development
on steep slopes or near parkway lands. New development should
design excess capacity in erosion control and stormwater
management measures.
Relevant Design Principles of Vision 2001-2020:
Desi n Princi les:
Parking should be located on the
street or to the rear or side of
principal buildings.
A lication's Con ormit :
Due to the site's topography, the
proposed parking area would be
located along a prominent street
fronta e. It is located to side of the
4
I principal building.
City Department Comments:
None.
Public Comments:
The following was discussed at the Planning Commission's November 17, 2011
public hearing.
1. Mr. Terry Edwards (4437 Van Winkle Road) expressed concern about
stormwater runoff. Staff responded that stormwater was required to be
retained on site and then released slowly to prevent run-off issues.
~!t-
Angela Penn, Chair
City Planning Commission
cc: Chris Morrill, City Manager
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
Eugene Whitsell
5
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
OCT 2 1 2011
CITY OF ROANOKE
PLANNING BUILDING AND DEVELOPMENT
Submittal Number: IAmended Application No.1
l?5J Amendment of Proffered Conditions
o Amendment of Planned Unit Development Plan
o Amendment of Comprehensive Sign Overlay District
Address: 4428 Pheasant Ridge Rd Roanoke, VA 24014
Official Tax No(s).: 15460165
Existing Base Zoning: I
(If multiple zones, please manually enter all districts.) MX, Mixed Use
Ordinance No(s). for Existing Conditions (If applicable): 136883-101804
Requested Zoning: IMX, Mixed Use I Proposed Land Use: !congregate home, Elderly
1l?5J With Conditions
o Without Conditions
Name: Ipheasant Ridge IIlnvestors,LLC
I Phone Number:
+ 1 (540) 774-7762
I
I
Address: 4423 Pheasant Ridge Rd Roanoke, VA 24014
E-Mail: lewhitesell@smithpackett.com
Property Owner's Signature:
"
I Phone Number:
I E-Mail: I
I
I
Name:
Address:
Applicant's Signature:
Name: IEugene Whitesell
I Phone Number: I +1 (540) 774-7762 I
E-Mail: lewhitesell@smithPackett.com I
IX Completed application form and checklist.
IX Written narrative explaining the reason for the request
I Metes and bounds description, if applicable.
IX Filing fee,
I Concept plan meeting the Application Requirements of item '2(c)' in Zoning Amendment Procedures.
I Written proffers. See the City's Guide to Proffered Conditions.
I Concept plan meeting the Application Requirements of item '2(c)' in Zoning Amendment Procedures, Please label as
'development plan' if proffered,
I Development plan meeting the requirements of Section 36.2-326 of the City's Zoning Ordinance,
I Comprehensive signage plan meeting the requirements of Section 36,2-336(d)(2) of the City's Zoning Ordinance,
IX Amended development or concept plan meeting the Application Requirements of item '2(c)' in Zoning Amendment Procedures,
x if applicable.
IX Written proffers to be amended, See the City's Guide to Proffered Conditions,
IX Copy of previously adopted Ordinance.
I Amended development plan meeting the requirements of Section 36.2-326 of the City's Zoning Ordinance.
I Copy of previously adopted Ordinance.
I Amended comprehensive signage plan meeting the requirements of Section 36.2-336(d) of the City's Zoning Ordinance,
I Copy of previously adopted Ordinance,
I A Traffic Impact Study in compliance with Appendix B-2(e) of the City's Zoning Ordinance,
I Cover sheet.
I Traffic impact analysis.
I Concept plan.
I Proffered conditions, if applicable.
I Required fee,
*An electronic copy of this application and checklist can be found at www,roanokeva,gov/pbd by ~electing 'Planning Commission' under
'Boards and Commissions'. A complete packet must be submitted each time an application is amended, unless otherwise specified by
staff.
Narrative
Pheasant Ridge Independent Living Facility
October 6, 2011
Parking Lot Addition
This project calls for the addition of a new 26 space surface parking lot with associated storm water
management system and concrete walk/steps connecting to the Independent living facility. The
proposed lot is needed to provide spaces for overflow employee and visitor parking. Currently, many
, .
staff members, private aides and visitors are forced to park on the road in front of the facility because
of lack of surface parking. The new lot will help to provide open parking spaces in the existing lot at the
front ofthe building and, therefore, provide better access for those visitors with mobility challenges.
The proposed lot will not generate any additional traffic and will, in fact, reduce the need for current
on - street parking. The new lot is to be set on a previously disturbed portion of the site. It will be set
below the finished floors of most of the residential units at the Pheasant Ridge complex and not detract
from the overall viewshed. The lot will also be heavily landscaped with evergreens and a mix of native
shade and flowering trees. The proposed lot is compatible with the adjacent land uses of Pheasant
Ridge as the development is comprised of skilled nursing, multi-family condominiums and an assisted
care facility.
Proffered Conditions to be Amended
The applicant hereby requests that the following proffered conditions enacted by Ordinance
No. 3'-885'IOI~O-i be amended as it pertains to Official Tax No 5460165
1) That the property will be in substantial conformity with the cORceptual site
aiagrarn Development Plan for 4428 Pheasant Ridge Road S. W. prepared by J&Ae5
aRa JORCS, Architects rc, dated 4 Augl:Jst 2004. Mattern and Craig, dated October
21, 2011. A copy of which is attached to the Petition for rezoning application as
Exhibit "A", subject to any changes required by the City during site development
plan review;
2) Th9t the propert'l ~hsll b9 1:l!i8d onl',' for tl18 followiRg uses
a. PerA'litted l:JSCS:
1. General, medical and professioAal offices.
b. Special [x(eption uses:
1. Group care facilities subject to the reEluircfficRts of sCCtiOR36.10560 ct
~
2. Multif8ffiil'f dwellings, 36 long 83 8 special exception is grallted.
3. Medical cliRk
3) That a wooded buffer area contiguous with the northern property lines will be
maintained as a wooded area for a width of at least fifty (50) feet as depicted on
Exhibit "A".
4) That all proposed structures shown on Exhibit "A" will be constructed of natural
exterior building materials such as stone, brick, decorative block, stucco and
(
wood. This shall not preclude the use of other building construction materials
when used as a particular component of the building system such as glass atriums,
skylights, entry canopies, standing seam metal roofs, or other structural or
mechanical system incident to the building use. Metal building, mobile or
manufactured buildings with exception of temporary structures used as
contractors' offices during construction, or other structures inconsistent with the
above described selection of materials shall not be used in this development;
5) Recreational amenities, consisting of internal walkways shall be improved surfaces
and integrated with existing walkways on adjacent parcels and as depicted on
Exhibit "A".
6) Landscaping shall be installed and maintained on the north slope near the
independent living faCility as shown on exhibit "A" and surrounding the proposed
parking lot in substantial conformity with the concef'tual landscapil,g pia"
Landscape Plan (titled Parking Lot Addition/Pheasant Ridge) prepared by Mattern
& Craig, -eluted October 21,2011 and attached to the application as "exhibit I'f}'-
"a#
Respectfully submitted the 6th day of Octoberl 2011
By:
Eugene C Whitesell Jr.
Eugene C Whitesell Jr.
Development Manager
Smith Packett
Suite 301
4423 Pheasant Ridge Road
Roanoke, Virginia
540.774.7762
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IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 18th day of October, 2004.
No. 36883-101804.
AN ORDlNANCE to amend S36.1-3, Code ofthe City of Roanoke (1979), as amended, and
Sheet No. 546, Sectiona11976 Zone Map, City of Roanoke, in order to amend certain conditions
presently binding upon certain property previously conditionally zoned C-1, Office District, and
dispensing with the second reading ofthis ordinance.
WHEREAS, Pheasant Ridge Real Estate Holdings, LLC filed an application to the Council of
the City of Roanoke to amend certain conditions presently binding upon a tract of land located on
Pheasant Ridge Road, S.W., designated as Official Tax No. 5460124, which property is one of seven
parcels subdivided from a 49.23 acre parent tract, previously identified as Official Tax No. 5460101
and conditionally rezoned from RS-3, Single Family Residential District, to C-2, General
Commercial District, C-1, Office and Institutional District, and RG-1, General Residential District,
by the adoption of Ordinance No. 24898, on December 3, 1979;
WHEREAS, the subject property was rezoned to RM-2, Residential Multi-family, Medium
Density District, pursuant to a comprehensive rezoning by the adoption of Ordinance No. 28611, on
Apri127, 1987~
WHEREAS, the subject property was rezoned from RM-2, Residential Multi-family,
Medium Density District, to C-1, Office District, with proffers, by the adoption of Ordinance No.
32815-020596, on February 5, 1996;
WHEREAS, the City Planning Commission, which after giving proper notice to all
concerned as required by S36.1-693, Code of the City of Roanoke (1979), as amended, and after
K:IOW1NANCESIO-AP(PHEASANTRlOOEl 10 ISC>4.DOC
conducting a public hearing on the matter, has made its recommendation to Council;
WHEREAS, a public hearing was held by City Council on such application at its meeting on
October 18,2004, after due and timely notice thereof as required by S36.1-693, Code of the City of
Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an
opportunity to be heard, both for and against the proposed amendment; and
WHEREAS, this Council, after considering the aforesaid application, the recommendation
made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters
presented at the public hearing, is of the opinion that the conditions now binding on that certain tract
ofland located on Pheasant Ridge Road, S.W., and designated as Official Tax No. 5460124, and the
matters presented at the public hearing, should be amended as requested.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that ss36.1-3 and
36.1-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 546 ofthe Sectiona11976
Zone Map, City of Roanoke, be amended to reflect the changes in proffered conditions as shown in
the document entitled "Second Amended Petition to Amend Proffered Conditions," filed in the City
Clerk's Office on September 15,2004, and as set forth in the report of the Planning Commission
dated October 18, 2004.
BE IT FINALLY ORDAINED that pursuant to the provisions of Section 12 of the City
Charter, the second reading ofthis ordinance by title is hereby dispensed with.
A~ J. /L
City Clerk.
K:\ORDINANCESIO-AP(PHEASANTRlDGE) 10 I 804,OQC
"
SECOND AMENDED PETITION TO A1v1END PROFFERED
.
CONDITIONS
IN THE COUNCIL OF 'THE CITY OF ROANOKE, VIRGINIA
INRE:
Amendment of Proffered Conditions for Lot 2, containing 11,9 acres of Pheasant
Ridge Real Estate Holdings, Tax Map number 5460124.
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE
CITY OF ROANOKE:
By ordinance No, 24898-120379, at the request of Roanoke Health Care Center,
City Council rezoned the property identified as Tax Map No,5460101 C-l, with proffered
conditions. By Ordinance No. 32815-020596, at the request
of Roanoke Health Care Center, City Council amended the previous proffered conditions.
The Petitioner, Pheasant Ridge Real Estate Holdings, LLC, owns Tax Map No.
5460124 in the City of Roanoke and requests that the conditions relating to said property
be amended as hereinafter set out. Tax Map Number 5460124 is a subdivided lot created
from parent tract 5460101 on 7/16/96.
The Petitioner believes that the subject amendment of proffers will further the
Intent and purposes of the City Zoning Ordinance and its Comprehensive Plan ip. that it
will allow for a better use of the subject property.
The Petitioner hereby requests that the following proffers enacted by Ordinance
No. 32815-020596 be repealed as they pertain to Tax Map No. 5460124:
1. That the property will be developed in substantial conformity with the site
plan prepared by Engineering Concepts, Inc., dated November 14, 1995, a
copy of which is attached to the Petition for Rezoning as Exhibit "D", subject
to any changes required by the City of Roanoke during site development plan
. review.
2. That the property shall be used only for the purpose of operating a nursing
home, condominiums, independent living facilities, single family dwellings,
two family dwellings, townhouses and offices.
3. That a detailed landscape plan will be prepared by a professional landscape
architect and approved by the City. The plan will provide for transitional
landscaping along the Old Rocky Mount Road and the VanWinkle Road
corridors. The design will reduce the impact of parking and building
structures. Review and required revisions in accordance with the proffer, will
take place at the time of comprehensive development plan review.
4, That the wooded areas contiguous with the property lines will be maintained
as a wooded area for a width of at least fifty (50) feet, with the exception of
the areas adjacent to the existing C-I zoned property on the west, along which
a 25 foot buffer area shall be maintained.
5. That all proposed structures shown on Exhibit "D" will be constructed of
natural exterior building materials such as stone, brick, decorative block,
stucco, and wood. This shall not preclude the use of other building
construction materials when used as a particular component of the building
system such as glassed atriums, skylights, entry canopies, standing-seam
metal roofs, or other structural or mechanical systems incidental to the
building use. Metal buildings, mobile or manufactured buildings. with the
exception of temporary structures used as contractor's offices during
construction, or other structures inconsistent with the above described
selection of materials shall not be used in this development.
6. Recreational amenities, consisting of internal walkways or paths shall be
provided.
7. That as subsequent phases of development are proposed, those development
plans will be submitted to the Planning Commission for their review and
approval.
The Petitioner hereby requests that the following proffered conditions, be
substituted and adopted for those existing proffers delineated above as they pertain to
Tax Map No. 5460124,
I. That the property will be developed in substantial conformity with the
conceptual site diagram prepared by Jones & Jones Associates, Architects
PC, dated 4 August 2004. a copy of which is attached to the Petition for
Rezoning as Exhibit "A".
2. That the property shall be used only for the following uses
a. Permitted Uses:
1. General, medical and professional offices.
b. Special Exception Uses:
1. Group care facilities subject to the requirements of section 36.1-560
et seq.
2. Multifamily dwellings, so long as a special exception is granted.
3. Medical Clinic.
3. That a wooded buffer area contiguous with the northern property lines will be
maintained as a wooded area for a width of at least fifty (50) feet as depicted
on Exhibit "A".
4. That all proposed structures shown on Exhibit "A" will be constructed of
natural exterior building materials such as stone, brick, decorative block,
stucco, and wood. This shall not preclude the use of other building
construction materials when used as a particular component of the building
system such as glassed atriums, skylights, entry canopies, standing-seam
metal roofs, or other structural or mechanical systems incidental to the
building use. Metal buildings, mobile or manufactured buildings, with the
exception of temporary structures used as contractor's offices during
construction., or other structures inconsistent with the above described
selection of materials shall not be used in this development.
5. Recreational amenities consisting of internal walkways shall be improved
surfaces and integrated with existing walkways on adjacent parcels and as
depicted on Exhibit" A".
6. Landscaping shall be installed and maintained on the north slope near the
Independent Living Facility in substantial conformity with the conceptual
Landscaping plan attached as "Exhibit "C".
Attached as Exhibit "B" are the names, addresses and tax numbers of the owner
or owners of all lots or property immediately adjacent to and immediately across a street
or road from the subject property.
WHEREFORE, the Petitioner requests that the above-described amended
proffers be approved as herein set out in accordance with the provisions of the Zoning
Ordinance of the City of Roanoke.
Respectfully submitted this Fourteenth day of September, 2004.
Respectfully submitted,
BY: . /W;/
Hunter D. Smith
Pheasant Ridge Real Estate Holdings, LLC
4415 Pheasant Ridge Road SW - Suite 301
Roanoke, Virginia 24014
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EXHIBIT UB"
5470116
NEW PLAN REALTY TRUST
POBOX 4900
SCOTTSDALE PZ 85261-4900
5470308
EDWARDS ROY C & ELIZABETH M
4437 VAN WINKLE RD SW
ROANOKE VA 24014
5470309
EDWARDS ROY C & ELIZABETH M
4437 VAN WINKLE RO SW
ROANOKE VA 24014
5470310
EDWARDS ROY C OR ELIZABETH M EDWARDS
4437 VAN WINKLE RO SW
ROANOKE VA 24014
5470305
DALTON PLACE LLC
4415 PHEASANT RIDGE RD #305
ROANOKE VA 24014
5470304
DALTON PLACE LLC
4415 PHEASANT RIDGE RD .305
ROANOKE VA 24014
5470303
DALTON PLACE LLC
4415 PHEASANT RIDGE RD lJ305
ROANOKE VA 24014
5470302
DALTON PLACE LLC
4219 SOUTHERN HILL DR
ROANOKE VA 24014
5470301
ROBERTSON JEAN G
5272 FALCON RD SW
ROANOKE VA 24014
5470206
PAIGE PAUL ANDREW & JOY FAYE
4323 GRIFFIN RO SW
ROANOKE VA 24014
5470207
DALTON PLACE LLC
4415 PHEASANT RIDGE RD #305
ROANOKE VA 24014
5460123
HCP VIRGINIA INC
3760 KILROY AIRPORT WAY STE 300
LONG BEACH CA 90806
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5470713
MUSE RUBY MARIE
4422 VAN WINKLE RO SW
ROANOKE VA 24014
5450102
DICKERSON ELIZABETH ORA
4446 VAN WINKLE RD SW
ROANOKE VA 24014
5450125
PHEASANT RIDGE CONDOMINIUMS LLC
4438 PHEASANT RIDGE RD SW'108
ROANOKE VA 24014
5460164
PHEASANT RIDGE WELLNESS CENTER LL
4415 PHEASANT RIDGE RD #105
ROANOKE VA 24014
5460130
PliEASANT RIDGE ASSISTED LNlNG
4435 PHEASANT RIDGE RD SVtJ
ROANOKE VA 24014
5470129
PHEASANT RIDGE OFFICE
4415 PHEASANT RIDGE RD SU 300-303
ROANOKE VA 24018
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Official Tax Map No. 5460165
N
A
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
REFERENCE: 83595845
::..:~~.;:;';;':;" ':'~;;P'~~:<"~""-.;~..:'.;~~i;,.~-A-l!\~~l:".~t,::'i~~~':';-,:"'~,:", '{.:"j'~~_~.~''',.: '_.<>
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, .' . . 1 ' NOnCE OF PUBLIC
PHEASANT RIDGE INVESTORS, LLC I HEARING
PHEASANT ,~IDGE: INVESTORS, LLC I The Council of the City of
#3 0 1 I ' Roano.ke will hold a public
he a rI n g ,0 n M 0 n day,
4'423 PHEASANT RIDGE ROAD I D~cember 19, 2011, at
7.00 p,m" or as soon
ROANOKE .V A2 4 014 . I.. thereafter as the !l'atter
may. be heard, In the
I Council Chamber, fourth;
!floo(, in the Noel C. ,Taylor I
I . Municipal Building, 215
N,)?H - Pheasant Ridge R '.""";" ::;::;~'''T:4.".~, .:t::'<;'''c<-'!~~~~Cohk:,v~~r~~;'I~',~'~ :
....... '.,',,<. ....' .."",h, i" ".\',consider the following: i
" 1 . ,Request from Eugene'
, " I IWhltesell, on behalf of
B tat e .0 f . Vl. rg l. nl. a !Phe~sant Ridge Investors,
c.i t y qf ~oanoke , "." .' I, .' '~~~di~rO~~;;d1;~~~~Je:,
!{":.'....~';:.:~'.,:y::;,,}~,}:/':~.'"~~..:rt::1.i:::y;~ji':;..:;...:~'~~~~..': . " ':'~j'~.'~i.,~ .,;~ ~-. "I"" . ..,~'J1";,),,{:>,,,'las such p off s are set
~\ '~l, '" - . "'.\ . ~.,.","i~::~.-'_ '.~, o. ..".:~..... ~.. '.,,~," . ',". (':>~:~,:~',~:~'>;.f 0 r t h i n r t h : r 5 e con d
I" ',fh';;';''{fn'Cfei.srrgned) an au thori zed represen'ta t'i ve - I . "'''''':l.:''''Amended Petition to
;~l:I<:"!~6'f t:1f~;T'::fl riiEtg":.. W~rld Corpora t i on, whi ch corpor~'f i on" ''I'' ;:,< . ",hY:i;I~:n~rt~o:sr, of~reei ~~
, b 1 'h fh k' d . 1 I ISeptember 15, 2004, and
l.S pUl.S,.er 0 t e Roano e Tl.mes, a al. y .., . . 'accepted'byCityCouncilby
newspape.r~,puplished in Roanoke, in the State ~f I':~h:'~~~~~_~~f~g~~~~at~~~
Virg' iriia' 'do" c'ertify' that the annexed notice was I pertain to the parcel ot.land
, " . at 4428 Pheasant Ridge,
Published in said newspapers on the following 1 Road,SW,bearingOfficial'
. Tax' No, 5460165, such
da t e s : I amendment ,of proffers
I " ' changing the reference to
",. ""',J--.',".' . 'the developme,nt plan
,'!~.i :I:~:;\~" 1':-'" g~~~:~~~~~,igw~~~ ~~bJ;;~
I otherwise allowed in the,
MX, Mixed Use District,
I altering the layout of,
Ci t~icou'nEy' :"6:f;V'f6'~~oke, Commonweal th/ State of 1 ~~~:J~ftii~H~aFi~~~ijJglt, "
',' :,:.~..,:ZJtW".:~:~~,i."~:~;6~'~~,~~~~:u~~~i~beei ~:=~~e m;e h:~~," sand ,l'~:'::' i~:~p~:~~'tr/fii:~!;mt,',~, 1,.<
, , ,'''' home, elderly. The'.
,;iJr~: jcll,eal . Not ary Publi c" ':.1';,. . :t~~~~~~~L
. :; .~;/t;,;;,;- ~:~%ii{\:~~1j~g;~Il:{ ',J
\\\\\1111"", Church Avenue, S.W."
,\\ WlcEA/J.,", Roanoke, Virginia. I
......... b..~' . .' . . '. '7<$/""'- ' All parties in interest and;
... ~.. "'A _ " citizens may appear on the'
.$ ~ .... NOTARy....~ -:. above date and be heard on
.. " : PUBLIC '. ~ ~ the matter. If you are a:
.. . . .... . person with a disability who:'
: *: REG. #332964: =. needs accommodations for'
* this hearing, please contact
: : MY COMMISSION: : the City Clerk's Office, at i
; ~."'" ... 3{FYf~:jSJS '.:::::-:. ..... 853-2541, before noon on
_~. .~ the Thursday before the'
-:. -~_ '.. ..' :fff ~ date of the hearing listed
"-.,..-",, '. .' n..c:a ," above.
'" '-'111,,> ........ ~\" ,'" GIVEN under my hand this
",....Y(ALiu at \\" 28th day of November,
1 n ., 2011.
, ; · II I . , \, · \ . Stephanie M. Moon, MMC
City Clerk.
PUBLISHED ON:
12/02
12/09
TOTAL COST:
FILED ON:
511. 68
12/14/11
(12856684)
- - - _ _ _ _ _ _____.___ ._.________-1 _ _ _ _
--------------------------------______0______------
, ,
" ~
Authorized \_
Signature:___~
illing Services Representative
~\~
~'\:~
NOTICE OF PUBLIC HEARING
The Council of the City of Roanoke will hold a public hearing on Monday, December 19, 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:
n
Request from Eugene Whitesell; on behalf of Pheasant Ridge Investors, LLC, to
amend Proffered Condition Nos. 1, 2, and 6, as such proffers are set forth in the
Second Amended Petition to Amend Proffered Conditions, filed on September 15,
2004, and accepted by City Council by the adoptio~ of Ordinance No. 36883-
101804, as they pertain to the parcel ofland at 4428 Pheasant Ridge Road, SW,
bearing Official Tax No. 5460165, such amendment of proffers changing the
reference to the development plan pertaining to the subject property, allowing all
uses otherwise allowed in the MX, Mixed Use District, altering the layout of
landscaping on the subject property, and allowing for the addition of a 26 space
parking lot. The proposed general usage of the property is congregate home,
elderly. The comprehensive plan designates the property for mixed density
residential.
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 of the hearing listed above.
GIVEN under my hand this 2.fltI4ay of November ' 2011.
Stephanie M. Moon, MMC
City Clerk.
K:\Talevi\planning commission 1 \public hearing notices\4428 pheasant ridge road noph,doc
\
Notice to Publisher:
Publish twice in the Roanoke Times on Friday, December 2 and Friday, December 9, 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:
Eugene Whitsell
,Pheasant Ridge Investors, LLC
4423 Pheasant Ridge Road, #301
Roanoke, Virginia 24014
(540) 774-7762
K:\Notices\2011\December\NPH-Pheasant Ridge Road.doc
AFFIDAVIT:
AMENDMENT OF PROFFERS: Pheasant Ridge Investors, LLC
4428 Pheasant Ridge Road, SW., Tax No. 5460165
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 1 5.2-2204,
Code of Virginia, (1950), as amended, on behalf of the Planning
Commission of the City of Roanoke, she has se"nt by first-class mail on
the 24th day of October, 2011, notices of a public hearing to be held on
the 17th day of November, 2011, on the request captioned above to the
owner or agent of the parcels as set out below:
Tax No. Owner and Mailing Address
5460124 PR HOMES LLC
PHEASANT RIDGE R E HOLDINGS LLC
4423 PHEASANT RIDGE RD SW 301 STE
ROANOKE VA 24014
5470308 PR HOMES LLC
DALTON PLACE LLC
4423 PHEASANT RIDGE RD SW 301 STE
ROANOKE VA 24014
5470310 TERRY LEO EDWARDS
4437 VAN WINKLE RD SW
ROANOKE VA 24014
5470713 RUBY MARIE MUSE
4422 VAN WINKLE RD SW
ROANOKE VA 24014
5450102 LEZA K CROZIER
1111 CAMBRIDGE SQ
VINTON VA24179
5460123 %DELOITTE TAX LLP,ATTN:HCPI
HCP VIRGINIA INC
2235 FARADAY AVE,
CARLSBAD CA 92009
5460125 PHEASANT RIDGE CONDOMINIUMS LLC
4423 PHEASANT RIDGE RD SW 301 STE
ROANOKE VA 24014
5460164 PR WELLNESS REAL PROPERTY LLC
PHEASANT RIDGE WELLNESS CENTER LLC
4423 PHEASANT RIDGE RD SW 301 STE
ROANOKE VA 24014
5460130 % HEARTLAND BANK ATTN:S SIMON
ROANOKE SENIOR LIVING PROPERTY LLC
14125 CLAYTON RD
CHESTER MO 63017
Also Notified:
Phyllis Hill
Southern Hills Neighborhood
Council
4305 Van Winkle Rd
Roanoke, VA 24014
Jeff Campbell
Southern Hills Neighborhood
Council
424 Highland Avenue SW
Roanoke, VA 24016
Mr. Philip Thompson
County Planner
County of Roanoke
P. O. Box 29800
Roanoke, VA 24018
~~~ACnc/L{~
Rebecca Cockram
SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of
Roanoke, Virginia, tis 24th day of October, 2011.
~
r CANDACE R. MARTIN
NOTARY PUBLIC
Commonwealth of Virginia
I . Reg, #2820.7:6
, My Commission Expire!:fJ
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
December 13, 2011
Eugene Whitesell
Pheasant Ridge Investors, LLC
4423 Pheasant Ridge Road, #301
Roanoke, Virginia 24014
Dear Mr. Whitesell:
JONATHAN E. CRAFT
Deputy City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of
Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday,
December 19,2011, 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 Pheasant Ridge Investors, LLC, to amend certain proffered
conditions as set forth in the Second Amended Petition to Amend Proffered Conditions filed
on September 15, 2004, and pursuantto Ordinance No. 36883-101804, as they pertain to the
property at 4428 Pheasant Ridge Road, S. W.
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 December 19th
public hearing. Failure to appear could result in a deferral of the matter until a later
date.
Sincerely,
~'oJ. ~
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: c1erk@roanokeva.gov
JONATHAN E. CRAFT
Deputy City Clerk
STEPHANIE M. MOON, MMC
City Clerk
December 13, 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,
December 19, 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 Pheasant Ridge Investors, LLC, to amend certain proffered
conditions as set forth in the Second Amended Petition to Amend Proffered Conditions filed
on September 15, 2004, and pursuant to Ordinance No. 36883-101804, as they pertain to the
property at 4428 Pheasant Ridge Road, S. W.
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,
~frI.~
Stephanie M. Moon, MMC
City Clerk
SMM:ctw
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, VirgiIiia 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
December 20,2011
Mary Ann Huddleston
Transmission Right of Way Agent
Appalachian Power Company
P.O. Box 2021
Roanoke, Virginia 24022
Dear Ms. Huddleston:
I am enclosing copy of Ordinance No. 39281-121911 providing for the conveyance of
permanent above ground utility easements, in varying lengths and widths, across
several City-owned properties, to Appalachian Power Company, in connection with the
installation of support structures and related cable/wires to build a 138 kV transmission
line connecting the Huntington Court Substation to the Roanoke Substation in the City
of Roanoke.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, December 19, 2011; and is in full force and effect
upon its passage.
Sincerely,
~~~. ~Nv
Stephanie M. Moon, MMC
City Clerk
Enclosure
pc: Christopher P. Morrill, City Manager
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
R. Brian Townsend, Assistant City Manager for Community Development
Philip Schirmer, City Engineer
(j):2L
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 19th day of December, 2011.
No. 39281-121911.
AN ORDINANCE authorizing the <2onveyance of permanent above ground utility
easements, in varying lengths and widths, across City-owned property designated as Tax
Map Nos. 3041224, 3042005, 4250301R, 4340102, 4170101R, 4250101R, and
4250102R, to Appalachian Power Company, upon certain terms and conditions; and
dispensing with the second reading by title of this ordinance.
WHEREAS, a public hearing was held on December 19, 2011, pursuant to
ggI5.2-1800 and 15.2-1813, Code of Virginia (1950), as amended, at which hearing all
parties in interest and citizens were afforded an opportunity to be heard on such
conveyance.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that:
1. The City Manager and City Clerk are hereby authorized, for and on behalf
of the City, to execute and attest, respectively, the necessary documents providing for the
conveyance ofpermanent above ground utility easements, in varying lengths and widths,
across City-owned property designated as Tax Map Nos. 3041224, 3042005, 4250301R,
4340102, 4170101R, 4250101R, and 4250102R, to Appalachian Power Company, in
order for ~ppalachian Power Company to install support structures and related
cable/wires to building a 138 kV transmission line connecting the Huntington Court
Substation to the Roanoke Substation in the City of Roanoke, as more particularly set
forth in the City Manager's report to this Council dated December 19, 2011.
2. In exchange for' granting Appalachian Power Company the above
referenced permanent above ground utility easements, Appalachian Power Company
shall reimburse the City the following amounts, which represent the fair market value:
TM# 3041224
TM# 3042005
TM# 4250301R and 4340102
TM# 4250101R, 4250102R, and 4170101R
$ 32,800.00
$ 4,100.00
$ 6,100.00
$ 13.200.00
Total Amount:
$ 56,200.00
3. Conveyance of the above described easements shall be conditioned upon
Appalachian Power Company obtaining prior approval to install such transmission line
from the U.S. Army Corps of Engineers, the Virginia Marine Resources Commission,
and other applicable federal and state agencies.
4. All documents necessary for this conveyance shall be in a form approved
by the City Attorney.
5. Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
ATTEST:
~~.nt<:l~
City Clerk "-.
2
CITY COUNCIL AGENDA REPORT
To:
Meeting:
Subject:
Honorable Mayor and Members of City Council
December 19, 2011
Request from Appalachian Power Company for Easements
Across Seven City-Owned Properties, Tax Map Nos. 3041224,
3042005,4250301R, 4340102, 4250101R, 4250102R, and
4170101 R to Build a 138kV Transmission Line Connecting the
Huntington Court Substation to the Roanoke Substation
Background:
Appalachian Power Company has requested seven (7) separate utility easements
in varying widths and lengths, across seven (7) City-owned properties,
designated as tax map numbers 3041224, 3042005, 4250301 R, 4340102,
4170101R4250101R, and 4250102R. The purpose of the easements is to
install support structures and related cable/wires, in order to build a 138 kV
Transmission Line connecting the Huntington Court Substation to the Roanoke
Substation. The City-owned properties are currently vacant and are subject to
certain covenants which limit their use.
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.
Because the transmission lines cross waterways, such conveyance shall be
conditioned upon Appalachian Power Company obtaining approval from
applicable federal and state agencies.
Considerations:
In exchange for granting Appalachian Power Company the above referenced
Deed of Easements, it is prepared to reimburse the City the following amounts
which represent fair market value:
TM # 3041224
TM # 3042005
TM # 4250301 Rand 4340102
TM # 4250101 R, 42501 02R, and 4170101 R
Total
$32,800
$ 4,100
$ 6,100
$13.200
$56,200
Recommended Action:
Authorize the City Manager to execute the Deed of Easements as described
above to Appalachian Power Company, subject to certain conditions, which
easements shall be approved as to form by the City Attorney.
Christopher P. Morrill
City Manager
Distribution: Council Appointed Officers
R. Brian Townsend, Assistant City Manager for Community Development
Robert B. Ledger, Manager, Economic Development
Cassandra L. Turner, Economic Development Specialist
2
Line Name: HUNTINGTON COURT-ROANOKE
Line No. TLN150:01053 Easement No. 73
RIGHT OF WAY AND EASEMENT
TIllS RIGHT OF WAY AND EASEMENT, made this day of
, 2011, by and between City of Roanoke, a Virginia municipil
corporation, whose address is 215 Church A VB SW, Room 250, Roanoke, Virginia 24011,
herein called "Grantor", whether one or more persons, and Appalachian Power Company, a
Virginia corporation, a unit of American Electric Power, whose principal business address is 1
Riverside Plaza, Columbus, Ohio 43215, herein called "Grantee".
WITNESSETH:
That in consideration of Ten and NO/1 00 Dollars ($10.00), and other valuable consideration,
the receipt and sufficiency of which is hereby acknowledged, and the covenants hereinafter set
forth, Grantor hereby grants, conveys, and warrants to the Grantee, its successors, assigns, lessees,
tenants and licensees, a permanent right of way and easement, herein called "Easement", for
electric transmission, distribution, and communication lines, being eighty (80) feet in width, in,
on, over, under, through and across the 'following described lands of the Grantor, situated in
the City of Roanoke, State of Virginia.
Auditor/KeylTax Number: 3041224
The right of way and Easement shall be more fully described and depicted on Exhibit "A", a
copy of which is attached hereto and made a part hereof
GRANTOR ALSO GRANTS TO GRANTEE THE FOLLOWING RIGHTS: Grantee has
the right, now or in the future, to construct, reconstruct, operate, maintain, alter, .inspect, patrol,
protect, repair, replace, renew, upgrade, relocate within or along the centerline of the Easement,
remove and replace poles, towers, and structures, made of wood, metal, concrete or other
materials, including crossarms, guys, anchors, anchoring systems, grounding systems,
c01.IDterpoises, and all.other appurtenant equipment and fixtures, and to string conductors, wires
and cables, together with the right to add to said facilities from time to time, and the right to do
anything necessary, useful or convenient for the enjoyment of the Easement herein. granted,
together with the privilege of removing at any time any or all of said facilities erected on the
Easement.
GRANTOR FURTHER GRANTS TO GRA.NTEE the right in Grantee's discretion to cut
down, trim, and otherwise control, using herbicides or tree growth regulators, or other means, and
at the Grantee's option, to remove from the Easement any and all trees, overhanging branches,
vegetation, brush, or other obstructions. Grantee shall also have the right to cut down, trim,
remove, and otherwise control trees situated on lands of the Grantor which adjoin the Easement,
when in the opinion of the Grantee those trees may endanger the safety of, or interfere with the
construction, operation or maintenance of Grantee's facilities or ingress or egress to, from or
along the Easement.
GRANTOR FURTHER GRANTS TO GRANTEE the right in Grantee's discretion to
remove buildings, structures, or other obstructions in the Easement when in the opinion of the
Grantee those improvements may endan~~ the safety of, or interfere with the. construction,
THIS INSTRUMENT WAS PREPARED BY APPALACHIAN POWER COMPANY, 1
RIVERSIDE PLAZA, COLUMBUS, omo 43215.
I
operation or maintenance of Grantee's facilities or ingress or egress to, from or along the
Easement. .
GRANTOR FURTHER GRANTS TO GRANTEE the right of unobstructed access, at any
and all times, over, across and along the Easement, and the right of ingress and egress to and from
the Easement from a public road in, on, over and across existing or future access roads and lanes
and other reasonable routes outside the Easement across Grantor's adjoining land In the event
there is no existing access road or lane to the Easement, the Grantor will provide a mutually
agreed upon reasonable ingress and egress route over the Grantor's lands, and any of the adjoining
lands of the Grantor, for the purpose of exercising and enjoying the rights granted herein.
TIllS GRANT IS FURTHER SUBJECT TO THE FOLLOWING CONDITIONS:
The Grantor reselVes the right to cultivate, pasture or otherwise use the lands encumbered by
this Easement in any way not inconsistent with the rights herein granted. However, Grantor shall .
not place, construct, instal~ erect or permit any temporary or permanent building, structure,
advertising device, sign, dumpster, light pole, swimming pool, well, storage tank, obstruction, or
use or store any hazardous/flammable material within the Easement. No shed, road, driveway,
mounding, fill, excavation, water impoundment or tree p1antings shall be permitted within the
Easement without the written permission of the Grantee.
Grantee shall also have the right to install gUy wires, anchors, and anchoring systems outside
the Easement, together with the right to cut and clear any trees and brush, which in the Grantee's
opinion, may endanger or interfere with said guy wires, anchors, and anchoring systems.
Grantee agrees to repair or pay the Grantor for damage to growing crops, fences, gates, field
tile, drainage ways, drives, lawns, or structures caused by the Grantee in the exercise of the rights
herein granted. Grantee further agrees to pay the prevailing market price for standing timber for
any marketable trees cut down outside the Easement during construction or maintenance of
Grantee's electric transmission, distribution,and~communication lines.
The failure of Grantee to exercise any of the rights granted herein, or the removal of any
facilities from the Easement, shall not be deemed to constitute an abandonment or waiver of the
rights granted herein.
This instrument contains the complete agreement, expressed or implied between the parties
herein and shall inure to the benefit of and be binding on their respective successors, assigns,
heirs, executors, administrators, lessees, tenants, and licensees.
NOTICE TO LANDOWNER: You are conveying rights to a public selVice 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 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.
Y Oil have the right to negotiate compensation for any rights that you are voluntarily conveying.
2
City of Roanoke
By:
(Signed Name)
(printJType Name)
Its
STATE OF VIRGINIA )
CITY OF ROANOKE) SS:
This Instrument was acknowledged before me on the day of
, 2011, by ,
of City of Roanoke, a Virginia municipal corporation, on
behalf of said corporation.
Notary Public
Notary Public (print/Type Name)
My Commission Expires:
When Recorded Return to: Appalachian Power Company, Transmission Right of Way 1800
Loch Haven Drive, Roanoke, VA 24019-2121
3
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HUNTINGTON COURT - ROANOKE 138kV PROJECT
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The Roanoke Times
Roanoke, Virginia
Affidavit of publication
The Roanoke Times
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APPALACHIAN POWER
APPALACHIAN POWER
P.O. BOX 2021
ROANOKE VA 24022
COMPANY
COMPANY
REFERENCE:, 85769891
12864878
NPH-Deed of Easement
State of Virginia
City of Roanoke
I, (the underslgned) 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:
Cit~jcouhty:6fRoah6k~, Commonwealth/State of
Virginia~ 'Sworn 'ahd subscribed before me this
-.:.~lS}b::ia'y~6f'DECEMBE:R 2011. Witness my hand and
of f i;c.i'a'l'.' sea-l ; ,
otary Public
",
PUBLISHED ON:
12/09
TOTAL COST:
FILED ON:
218.40
12/14/11
Authorized ~... ~_
Signature:__;l~~_ _
NonCE OF PUBLIC
I HEARING
t The City of Roanoke
, proposes to grant above,
I ground utility easements,
" across City-owned 'property
, identified as Official Tax
Map NO~ 3041224,
30420.,0.5', 425030:l,R,
14340:1:02', 4170101R.:
, 4250101R, and .4~501ll~~"
to ABpala,chian powe'r\,.
Comp'anyp' in order for,
Appa,I.~chian Power
Company Ilfinstall support
struc'tur'ets and related
cable/~i~s to build a 138
,k,V tra'n'~.mission. line ,
connecting the Huntington'
Cour!Sllbstation to the
RoanoKe',Substation in the
City o't'lii'oilnoke, on certain'
terms and:conditions.
P u rs u ant tot h e
requirements of
915.2,1800 and 91813,
Code of, Virginia (1950), as
amended, notice is hereby
given that the City Council
, of the City of Roanoke will
: hold a public hearing on the
above matter at its regular
, meetfng 'to be held on
December 19, 2011,
, commencing at 7:00 p.m..
or as soon thereafter as the
matter ,may be heard. in the
CouncilChambers, 4th
Floor, N,oel C. Taylor
Municipal 8uilding, 215
Church Avenue, S.W.,
Roanoke. Virginia. Further
info'rmation is available
from the Office of t~e City ~" _, .1., ",' ,', ..,
, ; Clerk for the City of.._..,
,~, i Ro'anoKe at (540) ..
,r' '" 853.2541,
Citizens shall have the
opportunity to be ~e,ard and
" express their opinions on
I said matter. .
. If you are a person with a
'disability who needs
accommodations for this
hearing, please co'"tact:the ;
City Clerk's Office at '(540)
'853-2541; before 12:00
noon on December'15',
2011. ,,',
l GIVEN under my hand this
15th day of December. 2011.
: Stephanie M. Moon
City Clerk:
:(12864878)
--~--'
Billing Services Representative
0/0
NOTICE OF PUBLIC HEARING
The City of Roanoke proposes to grant above ground utility easements,
across City-owned property identified as Official Tax Map Nos. 304l224,
3042005, 4250301R, 4340102, 417010lR, 4250101R, and 4250102R, to
Appalachian Power Company, in order for Appalachian Power Company to
install support structures and related cable/wires to build a 138 kV transmission
line connecting the Huntington Court Substation to the Roanoke Substation in the
City of Roanoke, on certain terms and conditions.
Pursuant to the requirements of gI5.2-1800 and gI813, Code of Virginia
(1950), as amended, notice is hereby given that the City Council of the City of
Roanoke will hold a public hearing on the above matter at its regular meeting to
be held on December 19, 2011, commencing C;lt 7:00 p.rn., or as soon thereafter as
the matter may be heard, in the Council Chambers, 4th Floor, Noel C. Taylor
Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. Further
information is available from the Office of the City Clerk for the City of Roanoke
at (540) 853-2541.
Citizens shall have the opportunity to be heard and express their opinions
on said matter.
If you are a person with a disability who needs accommodations for this
hearing, please contact the City Clerk's Office at (540) 853-2541, before 12:00
noon on December 15, 2011.
GIVEN under my hand this 5th day of. December, 2011.
Stephanie M. Moon
City Clerk
Notice to Publisher:
Publish once in the Roanoke Times on Friday, December 9,2011.
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:
Mary Ann Huddleston
Transmission Right of Way Agent
Appalachian Power Company
P.O. Box 2021
Roanoke, Virginia 24022
(540) 562-7031
mahuddleston @aep.com
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
December 20,2011
Daniel Summerlin, Registered Agent
Roanoke Valley Swimming, Inc.
10 South Jefferson Street, Suite 1400
Roanoke, Virginia 24011
Dear Mr. Summerlin:
I am enclosing copy of Ordinance No. 39282-121911 authorizing the City Manager to
execute the necessary documents providing for the conveyance of a parcel of
City-owned property, located at 1130 Overland Road, S. W., Roanoke, Virginia, bearing
Official Tax No. 1380101A, to Roanoke Valley Swimming, Inc. ("RVS"), upon certain
terms and conditions.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, December 19, 2011; and is in full force and effect
upon its passage.
Sincerely,
W~\r>'~lltrv'
Stephanie ty1. Moon, MMC "-
City Clerk
Enclosure
pc: Christopher P. Morrill, City Manager
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
R. Brian Townsend, Assistant City Manager for Community Development
Vj{)C
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 19th day of December, 2011.
No. 39282-121911.
AN ORDINANCE authorizing the City Manager to execute the necessary documents
providing for the conveyance of a parcel of City-owned property, being approximately 1.36 acres,
located at 1130 Overland Road, Roanoke, Virginia, designated as Roanoke City Official Tax Map
No. 1380101A, to Roanoke Valley Swimming, Inc. ("RVS"); authorizing the City Manager to
convey an ingress/egress easement to R VS over a portion of City-owned property designated as
Tax Map No. 1380101; authorizing the City Manager to enter into a license agreement with RVS
for the use of a parking lot on certain adjacent City-owned property, upon certain terms and
conditions; and dispensing with the second reading by title of this ordinance.
WHEREAS, a public hearing was held on December 19,2011, pursuant to SS15.2-1800
and 15.2-1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and
citizens were afforded an opportunity to be heard on such conveyance.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. The City Manager and the City Clerk are hereby authorized, for and on behalf of
the City, to execute and attest, respectively, the necessary documents providing for the
conveyance of a parcel of City-owned property, being approximately 1.36 acres, designated as
,
.
Roanoke City Official Tax Map No. 1380101A, to Roanoke Valley Swimming, Inc., for the
purchase price of $10.00, upon certain terms and conditions, and as more particularly stated in the
City Manager's report to this Council dated December 19, 2011.
2. The City Manager is hereby authorized to execute a permanent ingress/easement
to R VS over a portion of City owned property designated as a portion of Tax Map No. 138010, to
allow RVS access to the above described parcel to be conveyed.
3. The City Manager is hereby further authorized to enter into a revocable license
agreement with RVS, to allow RVs and its patrons to use a parking lot located on a portion of
City-owned property designated as Tax Map No. 1380101, adjacent to the above described parcel
to be conveyed.
4. All documents necessary for this conveyance shall be in form approved by the
o
City Attorney.
5. Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
UtR~ {-O). "h1o~
City Clerk. ~
CITY COUNCIL AGENDA REPORT
To:
Meeting:
Subject:
Honorable Mayor and Members of City Council
December 19, 2011
'Conveyance of a 1.36 Acre City-Owned Property - Gator Pool
Swimming Facility
Background:
In June, 1991, the City of Roanoke and Roanoke Valley Swimming, Inc, (RVS)
entered into a Deed of Lease Agreement which leased to RVS an approximately
1.36 acre site of City-owned property upon which RVS subsequently constructed
the Gator Pool swimming facility at its sole expense. The site is located off
Overland Road, S.W., immediately adjacent to Fishburn Park Elementary School
and James Madison Middle School, and is designated as Roanoke Tax Map No.
1380101 A. The twenty (20) year lease provided the 1.36 acre City-owned site to
RVS at a nominal rent of $1 per year under certain terms and conditions. The
lease also provided RVS with an ingress/egress easement across City-owned
property from Overland Road and joint use with City schools of an adjacent
parking lot to support operation of the Gator Pool swimming facility.
In June 2011, the twenty year lease ended, and RVS requested that the City
consider the fee simple conveyance to RVS of the previously leased parcel and
the improvements constructed on the parcel, given RVS's continued interest in
operating the Gator Pool swimming facility. This conveyance would allow RVS
to fully amortize its initial construction investment in the facility and capital
maintenance repairs that were made over the 20 year term of the land lease,
and provide an appropriate context for RVS to make further repairs and
improvements to the existing facility going forward.
Considerations:
The proposed conveyance of the 1 .36 acre parcel (see attached plat) and
existing improvements thereon would be at a nominal consideration ($10.00),
given the initial construction and ongoing maintenance investment that has
been made in .the property by RVS. An ingress/egress easement would also be
provided from the conveyed parcel across City-owned property designated as a
portion of Tax Map No. 138010.1, to Overland Road, S.W., to allow RVS to
access the parcel to be conveyed, and RVS would continue to have joint use of
an adjacent City owned parking lot through a separate license agreement with
the City. The City has no core recreation need for, or ability to operate and
maintain, such a unique and single purpose facility. Conveyance of the
property would provide a means by which RVS can continue its swimming
programs which support the broader community.
The proposed conveyance contains a deed restriction which would require RVS
to offer to the City the first right of refusal to repurchase the property if RVS
were to offer the property for sale to another party. That offer to repurchase
would limit the consideration to be paid by the City to the difference in
assessed value of the property improvements (excluding land) as of January 1,
2012, and the then current assessed value of the improvements on the property
(excluding land) at the time of the offer of the right of first refusal to
repurchase.
RVS is responsible for all costs associated with the conveyance of the property,
such as preparation of the su bdivision plat and recordation of the deed.
Recommended Action:
Authorize the City Manager to execute a Deed, substantially similar in form to
the one attached, and any other appropriate documents, approved as to form
by the City Attorney, necessary to transfer the 1.36 acre site to Roanoke Valley
Swimming, Inc. (RVS), to convey an easement to RVS across City-owned property
for ingress and egress between the 1.36 acre parcel to be conveyed and
Overland Road, S.W., and to execute a license agreement permitting RVS to use
the adjacent parking lot jointly with City schools.
- liM j
Christopher P. Morrill
City Manager
Distribution: Council Appointed Officers
Brian Townsend, Assistant City Manager for Community Development
Rob Ledger, Economic Development Manager
Sandra Turner, Economic Development Specialist
2
7,
..
,',
DRAFT
Exemption Claimed: Grantor is exempted from recordation taxes
and fees pursuant to S58.1-811C (4), Code of Virginia.
Prepared by the Office of the City Attorney
Tax Map No. 1380101A
Property Owner: City of Roanoke
Assessed Value:$ 686,100.00
Consideration: $1 0.00
THIS DEED, made and entered into this
day of
2011, by and between the CITY OF ROANOKE, VIRGINIA, a Virginia municipal
corporation ("Grantor"), and ROANOKE V ALLEY SWIMMING,INC., a Virginia
corporation ("Grantee"),
WIT N E SSE T H:
WHEREAS, the Grantor owns certain property located in the City of Roanoke,
Virginia, designated as Tax Map No. 1380101A, located at 1130 Overland Road
("Property"), which Grantor has leased to Grantee for the last twenty years, to use as an
aquatic center,
WHEREAS, Grantor desires to sell and convey the Property to Grantee upon the
terms and conditions stated below; and
WHEREAS, City Council for the City of Roanoke, Virginia, authorized the
conveyance of the property described herein to Grantee by Ordinance No.
dated
2011.
NOW THEREFORE, THAT FOR AND IN CONSIDERATION OF the sum of TEN
AND NO DOLLARS ($10.00), cash in hand paid by the Grantee and other good and
valuable consideration, the receipt, adequacy and sufficiency of which is hereby
acknowledged, and the above recitals which are incorporated by reference the Grantor does
hereby GRANT and CONVEY in fee simple, by Special Warranty ofTitIe unto the Grantee,
its successors and assigns, all that certain lot or parcel ofland lying and being in the City of
Roanoke, Virginia, and more particularly described as follows, to-wit:
Tax Map No. 1380101A
That certain property described as "Tract A ", containing
1.3654 acres, more or less, as further shown on the plat
entitled "Plat of Survey Showing the Subdivision of "Lot 3
Bent Mountain RD" 34.4388 Acres Owned by the City of
Roanoke and Creating Hereon Tract "A" (1.3654 Acres) Lot
3A Bent Mountain RD. (33.0734 Acres) Located on McNeil
Dr,. S.W. and in the City of Roanoke, Virginia," prepared by
LMW, P.c., dated May 23,2011, and excluding the adjacent
parking lot (designated as "Parking Lot to be Shared" on the
plat) adjoining the Property, on record in the Clerk of Circuit
Court's Office for the City of Roanoke, which plat is
incorporated herein by reference, and
,~
BEING a portion of the same property conveyed to the City of
Roanoke, Virginia, by deeds dated February 19, 1889, from
G. O'Leary and wife, February 13, 1934, from Ernest B.
Fishburn and Anne Davant Fishburn, and April 18, 1934,
from Maple Shade Apartments, of record in thc Clerk's
Office ofthe Circuit Court for the City of Roanoke, Virginia,
in Deed Book QRST, Page 427, Deed Book 221 Page 370,
and Deed Book 222, Page 406 respectively,
TOGETHER with a permanent, nonexclusive, INGRESS/
EGRESS EASEMENT, over property owned by the City of
Roanoke designated as a portion of Roanoke Tax Map No.
1380101, and further described as follows:
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Beginning at point on the south~rly right of way line of
Overland Road, said point being the center of the existing
school entrance and located approximately 850 feet
northwesterly of the intersection of Overland Road and
Colonial A venue, thence following a centerline hereby
establishing an 80 foot ingress egress easement, S 380
49'1O"W, 467.71 feet to a point, thence S 62054' 21" W,
112.61' to the northerly line of the Parking Lot Easement,
containing approximately 1.065 acres.
Such easement shall be for shared use by Grantor and Grantee
to access the Property and adjoining parking lot on property
designated as Tax Map No. 1380101 and no other purpose,
and
RESERVING unto the Grantor a Greenway easement, 20 feet
in width and variable, centered upon an existing paved
pathway, as shown on the above referenced plat of survey.
Said Greenway easement includes the right of public use and
passage across said Tract A together with the right of Grantor,
its agents and assigns, to enter adj acent property to access the
easement to maintain, repair, modify and improve the existing
paved pathway.
Grantee agrees that the property herein conveyed shall not be offered to another party
by Grantee without the right of first refusal to purchase the Property first having been
offered to the Grantor. In such event, Grantee agrees that the Grantor shall have the option
to repurchase the Property for consideration in an amount equal to the difference between
the assessment value for real estate taxation purposes of the improvements located on the
property as of January 1, 2012, excluding the value of the land, as determined by the City of
Roanoke Department of Real Estate Valuation, and the then current assessment value for
real estate taxation purposes of the improvements on the property at the time of the offer to
repurchase.
3
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Grantee acknowledges and agrees that the Property is being conveyed by
Grantor to Grantee in its "AS IS" condition, and that Grantor has made no
acknowledgments or representations to Grantee regarding the physical or
environmental condition of the Property, and that Grantee has had the opportunity to
inspect the Property. In the event any physical or environmental conditions of the
Property are discovered after the Closing of this deed, Grantee hereby releases
Grantor from any liability arising from all such claims.
In the event any claims are made against Grantor arising from the actions of
Grantees' use ofthe ingress/ egress easement herein conveyed, Grantee hereby agrees
to indemnify and hold the Grantor, its agents, employees and assigns, harmless
against all such claims, costs, and damages, including attorney's fees.
To have and to hold unto the Grantee, its successors and assigns forever. This
conveyance is made expressly subject to all recorded conditions, reservations, easements and
restrictions affecting title to the property herein conveyed, including existing easements for
public roads and highways, public utilities, railroads and pipelines.
WITNESS the following signatures and seals:
SIGNATURE PAGE TO FOLLOW
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GRANTOR:
CITY OF ROANOKE, VIRGINIA, a Virginia
municipal corporation
By
Christopher P. Morrill, City Manager
(SEAL)
STATE OF VIRGINIA
CITY/COUNTY OF
)
), to-wit:
The foregoing instrument was acknowledged before me this day of
, 2011 , by Christopher P. Morrill, the City Manager for the City of
Roanoke, Virginia for and on behalf <;>fthe City.
My commission expires:
Notary Public
Registration No.
Seen and Agreed:
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ROANOKE VALLEY SWIMMING, INC.
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Roanoke Valley Swimming, Inc., has read and understands the terms and conditions
stated above, and hereby agrees to accept the above conveyed property on the terms and
conditions stated herein.
By
Printed Name:
Title:
(SEAL)
Date:
Approved as to Form:
"~i
Assistant City Attorney
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The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
--------------------------------------------------+------------------------
ROANOKE VALLEY SWIMMING, INC.
ROANOKE VALLEY SWIMMING, INC.
10 S JEFFERSON ST, SUITE 140
ROANOKE VA 24011 - ~OnCEOFPUBLlC:
HEARING
The City of Roanoke
: prOP?ses to convey
RE FERENCE: 83929591 approxImately 1.36 acres of
) Clty-owned property, located
12864914 NPH-Sale of City Pro at 1130 Overland Road
: Roanoke, Virginia t~'
J Roanok~ Valley Swimming.
I~c.. deSIgnated as'Roanoke
State of Virginia . CIty Official Tax Map No.
C1.' ty of Roanoke ,1380101A, which property
I has previously been leased
to. Roanoke Valley
j SWImming. Inc., known as
I, (the undersigned) anauthoiized representative'the~~torPOOISWiniming
FacIlIty. The City of
of the Times-Wo'rld Corporation, which corporation Roanoke further proposes
to convey an ingress/egress
is publisher of the Roanoke Times, a daily e.asement across
'" Clty,owned property
newspaper publ1. shed 1.n Roanoke, 1.n the State of deslgnated.as a p.ortion ofl
Virginia, do certify that the annexed notice was ~~~~:,e1g~~1~~.'~~a~,Toa;1
b 1 h d d t h f 11 Roanoke Valley Swimming I
pu is e in sai newspapers on e 0 owing Inc. to access the conveyed'
dates: ~re~ !
Pursuant to the
r e qui rem e n t s 0 fl
1~~15.2-1800 and 1813 :
,Code of Virginia (1950) as
Jarnended, notice is her~by'
Iglven that the City Council'
:of the City of Roanoke wiil'
. hoid a pUblic hearing on the I
City/County of Roanoke, Commonwealth/State of above.matterat its regular' '.,
meetIng to be held on!
Virginia. Sworn and subscribed before me this Monday. December 191 .'.." ..
-k..., 2011, commencing at 7:00\
___l.~~,-q:lay of D'EC,E.M.BE:R'. 2'0'11;' ,wit'nes. s my ,hand and p.m.,orassoonthereafter:'" ,..
as .the malter may be' "
official seal. ' ,'.., ,heard, in the Council'"
'Chambers, 4th Floor Noel'
C. Taylor MuniCipal Building
b 1 ,,215 Church Avenue, S.W.:
}:Jotary Pu 1.C ,Roanoke,Vlrginia, 24011.
IFu~ther Inforll'!ation is
avall~ble from the Office of
. ~ . ' the CIty Clerk for the City of
Roanoke at (540)
853-2541.
\\\\\11111'"" Citizens shall have the
,\ \ 1'1. LA YII A ' , " oPPortunity to be heard and
_I r 'VIA express their opinions on
"~5\ ....... "t1--', said matter. I'
PUBLISHED ON.. 12/09 .........:s, ......,."B'i .... -:. Ifyouareaperson;"itha.
... ~ .~o\r . , d,isab'i1ity who needs'
:: cr:: ;' 1j0\"'\C ". ~ ~ accommodations for this I
:: OJ. \" 90930.. - I I
= : G:If 10 S\a~ . <X:: =) h~arlng, please contact the'
= : 0.'2 . ,\~w.\S ,~ :: , CIty Clerk's Office at (540)
= ~ .'. ~ c,~\ ,,~ :: 1853-2541, before 12:00
-:. -. t.. 9::-: }noon on Thursday
, "" . . " ... . December 15, 2011. '
-:. <-0. '.. .,' -." ..... I GIVEN under my hand this'
" ~A ......... \:)<.:. ,.... 5th day of December. 2011. ,
TOTAL COST: 230.88 ",'!/fOtvWE^\""\'0- ,'" '. Stephanie""!.Moon.!
/ "1 /"I... \ ' I I CIty Clerk
FILED ON: 12 14/11 III"IH~~\ ,
I (12864914)
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - + - - - ~ --'- ,.:..:._------ --- - - - - - - - - -
~~~~~~~~:~=~!!l~, Billing Services Representative
V.i. .--:" ~.: .:,~ ~.: 1'___ ~:! iJ .1 ~; '~::
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NOTICE OF PUBLIC HEARING
The City of Roanoke proposes to convey approximately 1.36 acres of City-owned property,
located at l130 Overland Road, Roanoke, Virginia, to Roanoke Valley Swimming, Inc., designated as
Roanoke City Official Tax Map No. 1380101A, which property has previously been leased to
Roanoke Valley Swimming, Inc., known as the Gator Pool Swimming Facility. The City of Roanoke
further proposes to convey an ingress/egress easement across City-owned property designated as a
portion of Roanoke City Official Tax Map No. l3801 01, to allow Roanoke Valley Swimming, Inc. to
access the conveyed parcel.
Pursuant to the requirements of gg 15.2-1800 and 1813, Code of Virginia (1950), as amended,
notice is hereby given that the City Council of the City of Roanoke will hold a public hearing on the
above matter at its regular meeting to be held on Monday, December 19, 2011, commencing at 7:00
p.rn., or as soon thereafter as the matter may be heard, in the Council Chambers, 4th Floor, Noel C.
Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011. Further
information is available from the Office ofthe City Clerk for the City of Roanoke at (540) 853-2541.
Citizens shall have the opportunity to be heard and express their opinions on said matter.
If you are a person with a disability who needs accommodations for this hearing, please
contact the City Clerk's Office at (540) 853-2541, before 12:00 noon on Thursday, December 15,
2011.
GIVEN under my hand this~day of December
, 2011.
Stephanie M. Moon,
City Clerk
Notice to Publisher:
Publish once in the Roanoke Times on Friday, December 9,2011.
Send affidavit to:
Stephanie M. Moon, MMC,
City Clerk
215 Church Avenue, S. W.,
Room 456
Roanoke, Virginia 240 II
(540) 853-2541
Send Bill to:
Roanoke Valley Swimming, Inc.
c/o Daniel Summerlin
Registered Agent
10 South Jefferson St, Suite 1400
Roanoke, Virginia 24011
(540) 983-7546
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
December 20, 2011
Timothy R. Spencer
Assistant City Attorney
Roanoke, Virginia
Dear Mr. Spencer:
I am enclosing copy of Resolution No. 39283-121911 electing and appointing
Timothy R. Spencer as Acting City Attorney for the City of Roanoke, effective January 1,
2012, and setting forth the terms and conditions of employment.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, December 19, 2011.
Sincerely,
#tf2~ n,. ~o..v
Stephanie M. Moon, MMC "-
,City Clerk .
Enclosure
pc: Christopher P. Morrill, City Manager
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
R. Brian Townsend, Assistant City Manager for Community Development
Sherman M. Stovall, Assistant City Manager for Operations
Carolyn Glover, Director, Human Resources
Jody Lawson, Payroll and System Administrator, Department of Finance
J~~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19th day of December, 2011.
No. 39283-121911.
A RESOLUTION electing and appointing Timothy R. Spencer as Acting
City Attorney for the City of Roanoke effective April 1, 1999, and setting forth the
terms and conditions of employment for Mr. Spencer as Acting City Attorney.
WHEREAS, the City Council desires to elect and appoint Timothy R.
Spencer as Acting City Attorney, pursuant to the Roanoke Charter of 1952 and
general law of the Commonwealth; and
WHEREAS, Mr. Spencer has agreed. to aGcept election and appointment
as Acting City Attorney; ·
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
as follows:
1. Timothy R. Spencer is hereby elected and appointed as Acting City
Attorney, effective at 12:01 A. M., on January 1,2012.
2. As Acting City Attorney, Mr. Spencer shall be paid a base bi-weekly
salary of $4,476.59, payable at the same time as other employees of the City.
3. The Director of Finance is hereby directed to pay to the
International City Management Association Retirement Corporation Deferred
Compensation Plan (ICMA) as deferred compensation on behalf of Mr. Spencer
the amount of $6,000.00 should he serve six (6) months as Acting City Attorney.
4. As Acting City Attorney, Mr. Spencer shall receive a salary
supplement of $96.15 per pay period for use of his privately owned or leased
motor vehicle in the conduct of City business.
5. All other terms and conditions of Mr. Spencer's employment shall
be the same as for other similarly situated City employees. ,
6. As Acting City Attorney, Mr. Spencer's duties, responsibilities and
powers and his removal shall be governed by the Roanoke Charter of 1952, the
Constitution of Virginia, Code 'of Virginia (1950), as amended, and the Code of
the City of Roanoke (1979), as amended.
7. Mr. Spencer shall make arrangements to qualify for office by taking
the required oath of office prior to January 1,2012.
8. Mr. Spencer shall perform the duties and responsibilities of Acting
City Attorney until such time as a successor Acting City Attorney or City Attorney
is ,elected or appointed by this Council through duly adopted resolution.
ATTEST:
~~.~
CITY CLERK
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Timothy R. Spencer, 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 Acting City Attorney of the City of Roanoke, effective January 1, 2012, until such
time as a successor Acting City Attorney or City Attorney is elected or appointed by City
Council, according to the best of my ability. So help me God.
TIMOTHY R. SPENCER
The foregoing oath of office was taken, sworn lo, and subscribed before me by
Timothy R. Spencer this
day of
2011.
Brenda S. Hamilton, Clerk of the Circuit Court
By
, Clerk
COMMITTEE V ACANCIES/REAPPOINTMENTS
December 19, 2011
VACANCIES:
Five-year term of office of Robert P. Wingfield ending September 30,2011; and unexpired term of
office of Peter Clapsaddle ending September 30, 2013, as members of the Local Board of Building
Code Appeals. Criteria requires a representative in property management and an Architect or
Engineer.
Three-year terms of office ending December 31, 2014 to replace William D. Poe and Diana B.
Shepherd as members of the Board of Zoning Appeals. Inasmuch as the incumbents have served
three consecutive terms of office, and are not eligible for reappointment.
Unexpired term of office of Robert Logan, III, as a City representative of the Roanoke Valley-
Alleghany Regional Commission ending June 30, 2012.
Three-year terms of office of Thomas W. Ruff (citizen at large) and Greg Spangler (towing
enforcement) as members of the Towing Advisory Board ending October 31,2014. Criteria requires
a citizen at large representative and a representative in towing enforcement.