HomeMy WebLinkAboutCouncil Actions 01-21-92BOWl
(30847)
REGULAR WEEKLY SESSION
ROANOKE CITY COUNCIL
January 21, 1992
2:00 p.m.
Call to Order Roll Call. All Present.
The Invocation was delivered by The Reverend Nicholas G. Bacalis,
Pastor, Holy Trinity Greek Orthodox Church.
The Pledge of Allegianc~ to the Flag of the United States of America
was led by Mayor Noel C. Taylor.
PUBLIC HEARINGS
Public hearing to consider a proposed amendmem to the
Roanoke City Charter which would authorize the School Board
to establish the school calendar so that the first day students are
required to attend school may be prior to Labor Day. Mr.
Wilbum C. Dibling, Jr., City Attorney.
Adopted Resolution No. 30847-012192. (7-0)
2. CONSENT AGENDA
(APPROVED 7-0)
ALL MATFERS LISTED UNDER TI-Ii~. CONSENT
AGENDA ARE CONSIDERED TO BE ROUTINE
BY THE CITY COUNCIl. AND WILl. BE
ENACFED BY ONE MOTION IN TI-IF. FORM
LISTED BELOW. THERE W-11.L BE NO
SEPARATE DISCUSSION OF TI-IF.SE ITEMS. IF
DISCUSSION IS DESIRED, THAT ITEM WII.L BE
REMOVED FROM THE CONSENT AGENDA AND
CONSIDERED SEPARATELY.
C-1
C-2
Minutes of the special meeting of Council held on Monday,
October 14, 1991; the regular meetings of Council held on Monday,
October 14, 1991 and Monday, October 21, 1991; the special meeting of
Council held on Wednesday, October 23, 1991; and the regular meeting of
Council held on Monday, October 28, 1991.
RECOMMENDED ACTION: Dispense with the reading thereof and
approve as recorded.
Qualification of Dr.
Neighborhood Parmership
November 9, 1994.
Gary Waldo as a member of the Roanoke
Steering Committee for a term ending
C-3
RECOMMENDED ACTION: Receive and file.
Qualification of Ms. Kitty J. Boitnott as a member of the Personnel
and Employment Practices Commission for a teax~ ending June 30, 1994.
RECOMMENDED ACTION: Receive and file.
2
C-4
C-5
Qualification of Ms. Margaret R. Baker as a Director of the Industrial
Development Authority for a term ending October 20, 1995.
RECOMMENDED ACTION: Receive and file.
Qualification of Ms. Margaret R. Baker as a member of the Roanoke
Civic Center Commission for a term ending September 30, 1994.
RECOMMENDED ACTION: Receive and file.
An oral request of Vice-Mayor Howard E. Musser for an Executive
Session to discuss a personnel mall~, being the appointment of a specific
public officer, pursuant to Section 2.1-344 (A) (1), Code of Vk~nia (1950),
as amended.
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS:
None.
4. PETITIONS AND COMMUNICATIONS:
A communication from the Roanoke City School Board recommending
appropriation of $270,000.00, representing the second request for
proceeds from the 1991 Capital Maintenance and Equipment
Replacement Fund, to provide funds for roof replacement at Lincoln
Terrace Elementary School and renovations at Addison Middle School
in connection with the Magnet Program.
Adopted Budget Ordinance No. 30848-012192. (7-0)
3
A communication from the Roanoke City School Board recommending
appropriation of $65,000.00 to implement full-day kindergarten
programs at the remaining four elementary schools for the second
semester of the 1991-92 school year.
Adopted Budget Ordinance No. 30849-012192. (7-0)
5. REPORTS OF OFFICERS:
a. CITY MANAGER:
BRIEFINGS: None.
ITEMS RECOMMENDED FOR ACTION:
A report recommending appropriation of $450,000.00 to provide
day care services to eligible families through the Department of
Social Services.
Adopted Budget Ordinance No. 30850-012192. (7-0)
A report recommending acceptance of a grant, in the amount of
$2,350.00, from the Commonwealth of Virginia, Department of
Health, Division of Emergency Medical Services Rescue Squad
Assistance Fund, to provide funds for the purchase of an
automatic defibrillator for use by the Emergency Medical
Services department; and appropriation of funds therefor.
Adopted Budget Ordinance No. 30851-012192 and Resolution
No. 30852-012192. (7-0)
4
A report recommending a 60-day time extension for the City of
Salem and the County of Montgomery to consider joining the
Roanoke Valley Resource Authority.
Adopted Resolution No. 30853-012192. (7-0)
A report recommending acceptance of and appropriation of
funds, in the amount of $92,543.49, from the State Department
of Fire Programs to be used for procurement of materials and
equipment for training and development in the Fire Department.
Adopted Budget Ordinance No. 30854-012192 and Resolution
No. 30855-012192. (7-0)
6. REPORTS OF COMMITTEES: None.
7. UNFINISHI~.D BUSINESS: None.
INTRODUCTION AND CONSIDERATION
ORDINANCES AND RESOLUTIONS:
OF
Ordinance No. 30839, on second reading, repealing §36.1-361,
Floodplain districts; definitions; §36.1-362, Application; §36.1-363,
Floodway district regulations; §36.1-364, Floodway fringe district and
approximated floodplain district regulations; §36.1-365, Shallow
flooding district regulations; §36.1-366, Zoning permit, limitation on
use, activity and development; §36.1-367, Existing structures in
flood lain districts; and §36.1-368, Variances; and enacting new
§36.1-361, Floodplain management regulations, definitions; §36.1-
362, Establishment of floodplain areas.-. §36.1-363, Application; §36.1-
364, Floodplain development regulations; §36.1-365, Permitted uses;
§36.1-366, Special exception uses; §36.1-367, ~ria for
public utilities and facilities; §36.1-368, Existing structures in the
floodplain; §36.1-369, Variances; §36.1-370, Procedure for variances
and special exception uses in floodways, and §36.1-371, Abrogation
5
and greater restriction.~, of the Code of the City of Roanoke (1979), as
amended, such additions relating to definitions of Base flood/one-
hundred year flood, Channel, Development, Flood, Floodplain,
Floodway, Historic structures, Lowest floor, Substantial improvement,
and Watercourse; the establishment of Floodplain Areas; the
application of Floodplain Areas and Flood-fringe Areas; the
establishment of Floodplain development regulations; permitted uses;
special exception uses; design criteria for public utilities and facilities;
existing structures in the Floodplain; variances; the procedure for
variances and special exception uses in Floodways; and abrogation and
greater restrictions.
Adop~l Ordinance No. 30839-012192. (7-0)
Ordinance No. 30840, on second reading, rezoning property located at
1925 Peters Creek Road, N. W., containing 4.98 acres, more or less,
identified as Official Tax No. 6380101 and 6380102, from RS-3,
Residential Single-Family District, to C-2, General Commercial
District, subject to certain conditions proffered by the petitioners.
Adopted Ordinance No. 30840-012192. (7-0)
9. MOTIONS AND MISCELLANEOUS BUSINESS:
ao
Inquiries and/or comments by the Mayor and Members of City
Council.
Vacancies on various authorities, boards, commissions and committees
appointed by Council.
10. OTHER HF ARINGS OF CITIZF NS: None.
Mr. Kit B. Kiser, Director, Utililies and Operations, presented a written report
with regard to emergency procurement - change order for renovated work at
the Falling Creek Filter PlanL
6
The Mayor appointed Jan D. Garrett as Vice-Chairperson of the Citizens
Task Force to Study Alternative Election Procedures For City Council.
CERTIFICATION OF EXECUTIVE SESSION. (7-0)
7
MARY F. P~
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue. S.W. Room 456
Roanoke, Irwginia 24011
Telephone: (703)981-2541
January 23, 1992
SANDRAH. F. AKIN
Deputy CityClerk
File #50-137-467
The Honorable Clifford A. Woodrum, III
Member, House of Delegates
810 General Assembly Building
Richmond, Virginia 23219
Dear Delegate Woodrum:
I am enclosing two copies of Resolution No. 30847-012192 requesting the 1992 Session
of the General Assembly of Virginia to enact a certain amendment to the Roanoke
Charter of 1952, as amended, which would authorize the Roanoke City School Board
to establish the school calendar so that the first day students are required to attend
school may be prior to Labor Day, the provisions of general law notwithstanding.
Resolution No. 30847-012192 was adopted by the Council of the City of Roanoke at a
regular meeting held on Tuesday, January 21, 1992.
Sincerely, ~dX.~-
Mary F. Parker, CMC/AAE
City Clerk
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MARY F. PARKER
City Clerk
CITY OF ROANOKF.
OFFICE OF THE CITY CLERK
215 Church Avenue. S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703)981.2541
January 23, 1992
SANDRA H. F_AKIN
Deputy City Clerk
File #50-137-467
The Honorable Brandon Bell
Member, Senate of Virginia
382 General Assembly Building
Richmond, Virginia 23219
Dear Senator Bell:
I am enclosing two copies of Resolution No. 30847-012192 requesting the 1992 Session
of the General Assembly of Virginia to enact a certain amendment to the Roanoke
Charter of 1952, as amended, which would authorize the Roanoke City School Board
to establish the school calendar so that the first day students are required to attend
school may be prior to Labor Day, the provisions of general law notwithstanding.
Resolution No. 30847-012192 was adopted by the Council of the City of Roanoke at a
regular meeting held on Tuesday, January 21, 1992.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
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Enc.
MARY F. PARKER
City Clerk
CITY OF ROANOKI .
OFFICE OF THE CITY CLERK
215 Church Avenue. S.W. Room 456
Roanoke, V'~,/nia 24011
Telephone: (703)981-2541
January 23, 1992
SANDRA H. EAKIN
Deput~ City Clerk
File #50-137-467
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Resolution No. 30847-012192 requesting the 1992 Session of
the General Assembly of Virginia to enact a certain amendment to the Roanoke
Charter of 1952, as amended, which would authorize the Roanoke City School Board
to establish the school calendar so that the first day students are required to attend
school may be prior to Labor Day, the provisions of general law notwithstanding.
Resolution No. 30847-012192 was adopted by the Council of the City of Roanoke at a
regular meeting held on Tuesday, January 21, 1992.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
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Enc.
po:
Mr. Finn D. Pincus, Chair, Roanoke City School Board, 1116 Winchester
Avenue, S. W., Roanoke, Virginia 24015
Dr. Frank P. Tota, Superintendent of Schools, P. O. Box
13145, Roanoke, Virginia 24031
Mr. Richard L. Kelley, Executive for Business Affairs and
Clerk of the Board, P. O. Box 13105, Roanoke, Virginia 24031
Mr. Joel M. Schlanger, Director of Finance
blARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703)981-2541
January 23, 1992
SANDRA H. E.a. KIN
Deputy City Clerk
File #50-137-467
The Honorable A. Victor Thomas
Member, House of Delegates
451 General Assembly Building
Richmond, Virginia 23219
Dear Delegate Thomas:
I am enclosing two copies of Resolution No. 30847-012192 requesting the 1992 Session
of the General Assembly of Virginia to enact a certain amendment to the Roanoke
Charter of 1952, as amended, which would authorize the Roanoke City School Board
to establish the school calendar so that the first day students are required to attend
school may be prior to Labor Day, the provisions of general law notwithstanding.
Resolution No. 30847-012192 was adopted by the Council of the City of Roanoke at a
regular meeting held on Tuesday, January 21, 1992.
Sincerely, ~
Mary F. Parker, CMC/AAE
City Clerk
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Eno o
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21st Day of January, 1992.
No. 30847-012192.
A RESOLUTION requesting the 1992
Assembly of Virginia to enact a certain
Charter of 1952, as amended.
Session of the General
amendment to the Roanoke
WHEREAS, at a regular meeting of the Council held on January
21, 1992, at 2:00 p.m., in the Council Chamber in the Municipal
Building, Fourth Floor, 215 Church Avenue, S.W., Roanoke, Virginia,
after due and proper publication of the notice of public hearing
pursuant to S15.1-835, Code of Virginia (1950), as amended, which
notice contained inte~ alia, an informative summary of the proposed
amendment to the Roanoke Charter of 1952 hereinafter referred to,
a public hearing with respect to such proposed amendment was held
before the City Council at which all citizens so desiring were
afforded opportunity to be heard to determine if the citizens of
the City desire that the City request the General Assembly to amend
its existing Charter in the form and manner hereinafter referred to
and as provided in the aforesaid notice; and
WHEREAS, upon conclusion of such public hearing and upon
consideration of the proposed amendment to such Charter, the
Council is of opinion that the 1992 General Assembly should be
requested to amend this City's Charter as hereinafter set forth.
THEREFORE, BE IT RESOLVED by the Council of the City of
Roanoke as follows:
1. The General Assembly of Virginia is hereby requested at
its 1992 Session of the General Assembly to amend Section 56 of the
Roanoke Charter of 1952, as presently amended, by adding the words
hereinafter shown as underscored:
S56. Powers and duties of the school board.
The school trustees of said city shall be a body
corporate under the name and style of the School Board of
the city of Roanoke, and shall have all of the powers,
perform all of the duties and be subject to all of the
limitations now provided, or which may hereafter be
provided by law in regard to school boards of cities and
except that all real estate with the buildings and
improvements thereon heretofore or hereafter purchased
with money received from the sale of bonds of this city,
appropriated by the council or received from any other
source for the purpose of public education, shall be the
property of the said city of Roanoke, unless such money
so received from any other source be received on other
conditions. The school board shall transmit to the
council and to the city director of finance a detailed
statement of all moneys received by said board or placed
to its credit. Separate accounts shall be kept by the
said board of moneys appropriated by the council, and
moneys received from other sources, and every such
statement shall show the balance of each class of funds
on hand or under control of said board as of the date
thereof.
The school board shall on or before March 15 of each
fiscal year prepare and submit to the council or its
designee for its information in making up its proposed
annual budget a detailed estimate, in such form as said
council or its designee shall require, of the amount of
money required for the conduct of the public schools of
the city for the ensuing fiscal year, with an estimate of
the amount of all funds which will probably be received
by said board for the purpose of public education from
sources other than appropriations by the council.
The council may, at its discretion, by ordinance
provide for an audit of the affairs and records of the
school board by the municipal auditor or by any other
competent person or firm selected by the council.
The School Board shall be authorized to establish
the school calendar so that the first day students aro
required to attend school may be prior to Labor Da¥~ th~
provisions of qeneral law notwithstandinq.
2. As provided by S15.1-834, Code of Virginia (1950), as
amended, the City Clerk is directed to forthwith to transmit to
each of the members of the General Assembly of Virginia
representing the City of Roanoke at the 1992 Session of the said
General Assembly two copies of this resolution setting forth the
requested amendments to the Roanoke Charter of 1952, as presently
amended, to be put into the form of a bill to be introduced at the
1992 Session of the General Assembly.
ATTEST:
City Clerk.
CITY OF ROANOKE
OFFICE OF THE CITY ATTORNEY
484 MUNICIPAL BU~LDIN~
ROANOKE, VIRGINIA 24011-15~5
WILBURNC. DIBLING, JR. January 21, 1992
WILUAM X PARSONS
MARK ALLAN WILLIAMS
STEVEN J. TALEVI
KATHLEEN MARIE KRONAU
The Honorable Mayor and Members
of City Council
Roanoke, Virginia
Re: Proposed Charter Amendment relating
to School Opening Date
Dear Mrs. Bowles and Gentlemen:
The 1992 Legislative Program, adopted by City Council on
November 11, 1991, requests the General Assembly to amend the State
Code to permit the School Board to establish a school opening date
earlier than Labor Day. In my discussions with members of the
General Assembly, I have learned that the best way to accomplish
this is through a Charter amendment. In this regard, at the
January 6, 1992, meeting of City Council, I requested and Council
agreed to establish a public hearing with respect to such proposed
Charter amendment.
The public hearing on the agenda of City Council for today has
been properly advertised pursuant to S15.1-835, Code of Virginia
(1950), as amended. The public hearing will offer all citizens the
opportunity to be heard to determine if the citizens of the City
desire that the City request the General Assembly to amend its
Charter in the form and manner set out in the attached resolution.
By adopting the attached resolution, City Council will be
requesting the General Assembly to amend the City Charter so that
the School Board will be authorized to establish a school calendar
providing that the first day students are required to attend school
may be prior to Labor Day, the provisions of general law
notwithstanding.
The Honorable Mayor and Members
of City Council
January 21, 1992
Page 2
I will be pleased to respond to any questions members of
Council may have about this matter.
With kindest personal regards, I am
Sincerely~r~ '
Wilburn C. Dibling, Jr.
City Attorney
WCD:f
Attachment
cc:
The Honorable Chairman and Members, Roanoke City $chool Board
Dr. Frank P. Tota, Superintendent
W. Robert Herbert, City Manager
Mary F. Parker, City Clerk
William X Parsons, Assistant City Attorney
[:ITY ....... ?
'92 JAN 21 Pt:37
~TA[~ OF ¥1R~,INiA
AFFIDAVIT
K:PKE.~ENTATI¥i:: OF THE TiMtJ-NOKLD ,..u~.-
PUR. ATiUN,~ ~,tnlCr~i CUKPO~ATIu~ i3 PuJLiSncK
THb STATE UP VimblNiA~ uC CEm[I~ [~T
OI/iO/VZ M~KN iN~,
NOTICE OF PUBLIC HEARING
TO CITIZENS OF THE CITY OF ROANOKE:
NOTICE IS HEREBY GIVEN that the Council of the City of Roanoke
will, pursuant to S15.1-835, Code of Virginia (1950), as amended,
hold a public hearing on Tuesday, January 21, 1992, at 2:00 p.m.,
in the Council Chamber, 4th Floor, Municipal Building, 215 Church
Avenue, S. W., in the City of Roanoke, Virginia, at which time
citizens of the City of Roanoke shall have an opportunity to be
heard to determine if such citizens desire Council to request the
General Assembly of Virginia to make a certain amendment to the
Roanoke Charter of 1952, as amended, which amendment is
informatively summarized as follows:
The proposed amendment to the Charter of the
City of Roanoke would amend §56 of the Charter
to authorize the School Board of the City to
establish the school calendar so that the
first day students are required to attend
school may be prior to Labor Day.
The full text
Charter is on file at
Municipal Building, Room 456,
Virginia.
GIVEN under my hand this __
of the proposed amendment to S56 of the
the office of the City Clerk of the City,
215 Church Avenue, S. W., Roanoke,
8th day of January, 1992.
Mary F. Parker, City Clerk
CITY OF ROANOKE
OFFICE OF ~rlE CITYATI'ORN~--~
464 MUNICIPAL BUILDING
ROANOKE, 'VIRGINIA 24011-15~5
WILBURN C. DIBMNG, JR.
January 6, 1992
· 'ILUAM X PARSONS
MARK ALLAN WILLIAMS
STEVEN J. TALEVI
KATHLEEN MARIE KRONAU
The Honorable Mayor and Members
of City Council
Roanoke, Virginia
Re: School Openinq Date
Dear Mrs. Bowles and Gentlemen:
The City's 1992 Legislative Program requests legislation
permitting the Roanoke City School Division to establish a school
commencement date prior to Labor Day. As you know, the State Code
requires local school boards to establish school calendars so that
the first day of the school year falls after Labor Day.
In discussing this issue with Delegate Woodrum, he has
suggested that the best way to accomplish this objective is to
amend the City's Charter blll. As you know, we already have a
Charter bill pending relating to bond issue procedures. Delegate
Woodrum believes that he can tack the school opening date amendment
on to this Charter bill which will be introduced prior to the first
day of the Session.
In order to accomplish this, a public hearing will need to be
held by City Council. I am recommending that this public hearing
be established for January 21, 1992. This will permit this Office
to meet the State Code advertising requirement by publishing a
legal notice on January 11, 1992.
We will be pleased to respond to any questions which members
of Council may have about this matter.
With kindest personal regards, I am
Sincerely yours,
WCD:ff
cc:
~-~ Wilburn C. Dibling,
City Attorney
W. Robert Herbert, City Manager
Mary F. Parker, City Clerk
William X Parsons, Assistant City Attorney
Jr.
MINUTES CONSIDERED AT THIS COUNCIL MEETING
MAY BE REVIEWED ON LINE IN THE "OFFICIAL MINUTES" FOLDER,
OR AT THE CITY CLERK'S OFFICE
MARY F. PARKER
City Clerk
CITY OF ROANOKI
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Xrtrg/rfia 24011
Telephone: (703)981.2541
January 23, 1992
SANDRA H. F. AKIN
Deputy City Clerk
File #15-488
Ms. Barbara N. Duerk, Chair
Roanoke Neighborhood Partnership
Steering Committee
2607 Rosalind Avenue, S. W.
Roanoke, Virginia 24014
Dear Ms. Duerk:
This is to advise you that Dr. Gary Waldo has qualified as a member of the Roanoke
Neighborhood Partnership Steering Committee, for a term ending November 9, 1994.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
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pc: Ms. Stephanie A. Cicero, Coordinator, Roanoke Neighborhood Partnership
COMMONWEALTH OF VIRGINIA )
) To-wit:
CITY OF ROANOKE )
I, Mary F. Parker, City Clerk, and as such City Clerk of the Council of the
City of Roanoke and keeper of the records thereof, do hereby certify that at a
regular meeting of Council held on the sixth day of January, 1992, GARY WALDO was
elected as a member of the Roanoke Neighborhood Partnership Steeling Committee,
for a term ending November 9, 1994.
Given under my hA~d and the Seal of the City of Roanoke this ninth day of
January, 1992.
City Clerk
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703)981-2541
January 23, 1992
SANDRA H. EAKIN
Deputy City Clerk
File #15-202-184
Ms. Judy Witcher-Jaekson, Chair
Personnel and Employment Practices
Commission
P. O. Box 6003
Roanoke, Virginia 24017-9998
Dear Ms. Witcher-Jackson:
This is to advise you that Ms. Kitty J. Boitnott has qualified as a member of the
Personnel and Employment Practices Commission, for a term ending June 30, 1994.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
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pc: Mr. George C. Snead, Jr., Director, Administration and Public Safety
Mr. Kenneth S. Cronin, Manager, Personnel Management
COMMONWEALTH OF VIRGINIA )
) To-wit:
CITY OF ROANOKE )
I, Mary F. Parker, City Clerk, and as such City Clerk of the Council of the
City of Roanoke and keeper of the records thereof, do hereby certify that at a
regular meeting of Council held on the sixth day of January, 1992, KITTY J.
BOITNOTT was elected as a member of the Personnel and Employment Practices
Commission, for a term ending June 30, 1994.
Given under my hand and the Seal of the City of Roanoke this ninth day of
January, 1992.
City Clerk
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703)981-2541
January 23, 1992
SANDI~A H. EAI~N
Deputy City Clerk
File #15-207
Mr. W. Bolling Izard, Chair
Industrial Development Authority
of the City of Roanoke
P. O. Box 2470
Roanoke, Virginia 24010
Dear Mr. Izard:
This is to advise you that Ms. Margaret R. Baker has qualified as a Director of the
Industrial Development Authority, for a term ending October 20, 1995.
Sincerely, ~.~
Mary F. Parker, CMC/AAE
City Clerk
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M~RY F. PARKER
Cit~ Clerk
CITY OF ROANOKF
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703)981-2541
January 23, 1992
SANDI~ II. F-..~KIN
Deputy CiP/Clerk
File #15-192
Mr. John S. Edwards, Chair
Roanoke Civic Center Commission
3745 Forest Road, S. W.
Roanoke, Virginia 24015
Dear Mr. Edwards:
This is to advise you that Ms. Margaret R. Baker has qualified as a member of the
Roanoke Civic Center Commission, for a term ending September 30, 1994.
Sincerely, ~~
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
pc: Mr. Bob E. Chapman, Manager, Civic Center
CO~ONWEALTH OF VIRGINIA )
) To-wit:
CITY OF ROANOKE )
I, Sandra H. Eakin, Deputy City Clerk, and as such Deputy City Clerk of the
Council of the City of Roanoke and keeper of the records thereof, do hereby certify
that at it re.Ilar meeting of Council held on the twenty-third day of September,
1991, MARGARET R. BAKER was reelected as a member of the Roanoke Civic Center
Commission for a term of three years, ending September 30~ 1994.
Given under my hand and the Seal of the City of Roanoke this twenty-fifth day
of Septembers 1991.
Deputy City Clerk
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, V~rginia 24011
Telephone: (703)981-2541
January 23, 1992
~kI~IDRA H. EAI~N
Deputy City Clerk
File #60-467
Mr. Joel M. Schlanger
Director of Finance
Roanoke, Virginia
Dear Mr. Schlanger:
Sincerely,
I am attaching copy of Ordinance No. 30848-012192 amending and reordaining certain
sections of the 1991-92 General Fund Appropriations, providing for appropriation
of $270,000.00 from the 1991 Capital Maintenance and Equipment Replacement Fund,
to provide funds for roof replacement at Lincoln Terrace Elementary School and
renovations at Addison Middle School for the Magnet Program. Ordinance -No. 30848-
012192 was adopted by the Council of the City of Roanoke at a regular meeting held
on Tuesday, January 21, 1992.
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
Eno.
pc:
Mr. Finn D. Pincus, Chair, Roanoke City School Board, 1116 Winchester
Avenue, S. W., Roanoke, Virginia 24015
Dr. Frank P. Tota, Superintendent of Schools, P. O. Box
13145, Roanoke, Virginia 24031
Mr. Richard L. Kelley, Executive for Business Affairs and
Clerk of the Board, P. O. Box 13105, Roanoke, Virginia 24031
Mr. W. Robert Herbert, City Manager
Mr. Barry L. Key, Manager, Office of Management and Budget
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 21st Day of January, 1992.
No. 30848-012192.
AN ORDINANCE to amend and reordain certain sections of the
1991-92 General Fund Appropriations, and providing for an
emergency.
WHEREAS, for the usual daily operation of the Municipal
Government of the City of Roanoke, an emergency is declared to
exist.
THEREFORE, BE IT ORDAINED by the Council of the City of
Roanoke that certain sections of the 1991-92 General Fund
Appropriations, be, and the same are hereby, amended and
reordained to read as follows, in part:
Appropriations
Education
Facilities (1-3) ............... ~ ...................
Fund Balance
Capital Maintenance & Equipment Replacement Program - School Unappropriated (4) ................
1) Replacement
Machinery &
Equipment (001-060-6004-6681-0801) $ 75,000
2) Replacement
Other Capital
Outlays (001-060-6004-6896-0809) 45,000
3) Buildings (001-060-6004-6896-0851) 150,000
4) CMERP-School (001-3324) (270,000)
$66,346,864
1,177,302
$ 291,797
BE IT FURTHER ORDAINED that, an emergency existing, this
Ordinance shall be in effect from its passage.
ATTEST:
city Clerk.
CITY OP ROANOKE. VA. £'.iT¥ ~ : '~'
January 21, 1992
J ,! 14 P3:08
TO=
FROM=
SUBJECT=
Honorable Mayor and Members of City Council
Joel M. Schlanger
School Board Request for the Appropriation of Funds
funding
$270,000
I have reviewed the attached report to appropriate
for the School Board. This report will appropriate
from the $830,755 School portion of CMERP funds for the
replacement of the roof at Lincoln Terrace School, facility
maintenance, and renovations at Addison Middle School to
accommodate the introduction of the magnet programs. This is the
second request for appropriation of the FY91-92 CMERP funds. The
School Board's remaining balance totals $291,797.
I recommend that you concur with this request of the
School Board.
JMS/pac
Attachment
--Roanoke
Finn D. Pincus, Chairman
Charles W. Day, Vice Chairman
Sallye T. Coleman
Marilyn C. Curtis
Marl:ha W. O'Neil
Thomas L Orr
James M. Turner, Jr.
Frank P. Tara. SuperlnEendent
Richard L Kelley, Clerk of I~he Board
City School Board
P.O Box 13105, Roanoke, Virginia 24031 · 703-981-2381
January 7, 1992
The Honorable Noel C. Taylor, Mayor
and Members of Roanoke City Council
Roanoke, VA 24011
Dear Members of Council:
As the result of official School Board action at its October 15, 1991
meeting, the Board respectfully requests City Council to appropriate
$270,000.00 which represents the second req~est for proceeds from the
1991 Capital Maintenance and Equipment Replacement Fund. The proceeds
will provide funds for roof replacement at Lincoln Terrace Elementary School
and renovations at Addison Middle School for the magnet program.
The approval of this request will be greatly appreciated.
f~~'~O~sincerely' / ~ /~/~~
Richard L. Kelley
Clerk of tha Board and
Executive for Business Affairs
rg
CC:
Mr. Finn D. Pincus
Dr. Frank P. Tota
Mr. William L. Murray, ,Jr.
Mr. Kenneth F. Mundy
Mr. W. Robert Herbert
Wilburn C. Dibling
i Joel M. Schlanger (with accounting details)
Excellence in Education ,"/
ROANOKE CITY SCROOL BOARD
Roanoke, Virginia
APPROPRIATION REQUEST
Capital Maintenance and Equipment Replacement Funds
Request II
001-060-6004-6681-0801
001-060-6004-6896-0809
001-060-6004-6896-0851
Appropriation Unit ZD1
Facility Maintenance
Roof Replacement
Addison Magnet Renovations
$ 75,000.00
$ 45,000.00
150~000.00
$ 270,00_.~0.00
The above appropriation represents the second request for proceeds from the
1992 Capital Maintenance and Equipment Replacement Fund. Facility maintenance
costs to be incurred were deferred from the 1992 General Fund Budget. Roof
replacement at Lincoln Terrace School became necessary as a result of wind
damage and insurance proceeds will cover an additional $48,000 of the cost.
Renovations at Addison Middle School are necessary to accomodate the
introduction of the magnet programs at the school.
October 15, 1991
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, $.W., Room 456
Roanoke, Vh~inJa 24011
Telephone: (703)981-2541
January 23, 1992
SANDRA H. EAI~N
Deputy City Clerk
File #60-467
Mr. Joel M. Schlanger
Director of Finance
Roanoke, Virginia
Dear Mr. Schlanger:
I am attaching copy of Ordinance No. 30849-012192 amending and reordaining certain
sections of the 1991-92 Generai Fund Appropriations, providing for appropriation
of $65,000.00, to provide funds for implementation of full-day kindergarten
programs at the remaining four elementary schools for the second semester of the
1991-92 school year. Ordinance No. 30849-012192 was adopted by the Council of the
City of Roanoke at a regular meeting held on Tuesday, January 21, 1992.
Sincerely, ~~
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
Eno.
pc'
Mr. Finn D. Pincus, Chair, Roanoke City School Board, 1116 Winchester
Avenue, S. W., Roanoke, Virginia 24015
Dr. Frank P. Tots, Superintendent of Schools, P. O. Box
13145, Roanoke, Virginia 24031
Mr. Richard L. Kelley, Executive for Business Affairs and
Clerk of the Board, P. O. Box 13105, Roanoke, Virginia 24031
Mr. W. Robert Herbert, City Manager
Mr. Barry L. Key, Manager, Office of Management and Budget
IN THE COUNCIL OF THE CITY OF RO~%NOKE, VIRGINIA
The 21st Day of January, 1992.
No. 30849-012192.
AN ORDINANCE to amend and reordain certain sections of the
1991-92 General Fund Appropriations, and providing for an
emergency.
WHEREAS, for the usual daily operation of the Municipal
Government of the City of Roanoke, an emergency is declared to
exist.
THEREFORE, BE IT ORDAINED by the Council of the City of
Roanoke that certain sections of the 1991-92 General Fund
Appropriations, be, and the same are hereby, amended and
reordained to read as follows, in part:
& ro riations
Education
Instruction (1-3) ..................................
General Support (4) ................................
Grants-in-Aid Commonwealth Education (5) .....................................
1) Compensation of
Teachers (001-060-6001-6000-0121) $ 60,000
2) Education and
Recreational
Supplies (001-060-6001-6000-0614) 5,000
3) Replacement -
Machinery and
Equipment (001-060-6001-6000-0801) 12,500
4) Compensation of
Bus Drivers (001-060-6002-6676-0171) (12,500)
5) Basic State
Aid (001-060-6000-0631) 65,000
$66,141,864
48,649,362
12,512,342
$52,897,496
28,398,354
BE IT FURTHER ORDAINED that, an emergency existing, this
Ordinance shall be in effect from its passage.
ATTEST:
City Clerk.
January 21, 1992
'P2 J N15
TO:
FROM:
SUBJECT:
Honorable Mayor and Members of the City Council
Joel M. Schlanger
School Board Request for the Appropriation of Funds
I have reviewed the attached request from the School
Board for appropriation of $65,000 to implement full day
kindergarten at four elementary schools. Funding is provided by
additional state aid.
I recommend that you concur in the request of the School
Board and adopt the attached budget ordinance.
JMS/pac
Attachment
Finn D. Pincus, Chairman
Charles LU. Day, Vice Chairman
Sallye T, Coleman
.--Roanoke
City School Board
Morilyn C. Curtis
Martha LU. O'Neil
Thomas L Orr
James NL Turner, Jr.
Frank P. Tara, Superintendent
Richard L Kelley. Clerk of the Board
P.O Box 13105, Roanoke, Virginia 24031 · 703-981-2381
January 15, 1992
The Honorable Noel C. Taylor, Mayor
and Members of Roanoke City Council
Roanoke, VA 24011
Dear Members of Council:
As the result of official School Board action at its January 14, 1992
meeting, the Board respectfully requests City Council to appropriate $65,000
to implement full-day kindergarten at the remaining four elementary schools
for the second semester of the 1991-92 school year. The additional state aid
is the result of a gain in enrollment for FY91-92.
The approval of this request will be greatly appreciated.
rg
Sincerely, z
Richard L. Kelley
Clerk of the Board and
Executive for Business Affairs
CC**
Mr. Finn D. Pincus
Dr. Frank P. Tota
Mr. William L. Murray, Jr.
Mr. Kenneth F. Mundy
Mr. W. Robert Herbert
v~Mrr: Wilburn C. Dibling
Joel M. Schlanger (with accounting details)
Excellence in Education
AGENDA ITEM
ROANOKE CITY SCHOOL BOARD
AGENDA ITEM SUMMARY
Title of Agenda Item
Board Meeting Bate
X
Appropriation Requests
January 14, 1992
Consent Agenda
Presentation
Communications
Superintendent's Report:
Other
Action
Information
X Material Attached ( ) Material to Follow ( ) Oral Only
SUMMARY
The appropriation request for additional state aid is presented to the
School Board for its approval and for forwarding to City Council.
Additional state aid in the amount of $65,000 for FY91-92 enrollment gain will
be used to implement full-day kindergarten at the remaining four elementary
schools for the second semester of the 1991-92 school year.
Submitted By: Frank P. ,~ota Date: 1/9/92
Clerk of the Board: Date:
Board Action: ( ) Approval ( ) Disapproval
( ) Other:
Referred To:
ROANOKE CITY SCHOOL BOARD
Roanoke, Virginia
APPROPRIATION REOUEST
Full Day Kindergarten
001-060-6001-6000-0121
001-060-6001-6000-0614
001-060-6001-6000-0801
001-060-6002-6676-0171
Personal Services
Materials
Equipment
Transportation Services
$ 60,000.00
5,000.00
12,500.00
(12,500.00)
$ 65,000.0~0
001-060-6000-0631
Basic State Aid
$ ~5,000.00
Additional state aid for FY91-92 enrollment gain will be used to implement
full-day kindergarten at the remain]nO four elementary schools for the second
semester of the 1991-92 school year.
January 14, 1992
M~t~ F. pARI~.R
City Clerk
CITY OF ROANOKIZ
OFFICE OF THE CITY CLERK
21.5 Church Avenue, S.W.. Room 456
Roanoke, Virginia 24011
Telephone: (703)981-2541
January 23, 1992
SANDI~A H. EAKIN
Deputy City Clerk
File #60-72
Mr. Joel M. Schlanger
Director of Finance
Roanoke, Virginia
Dear Mr. Schlanger:
I am attaching copy of Ordinance No. 30850-012192 amending and reordaining certain
sections of the 1991-92 General Fund Appropriations, providing for appropriation
of $450,000.00, to provide funds for day care services to eligible families through
the Department of Social Services. Ordinance No. 30850-012192 was adopted by the
Council of the City of Roanoke at a regular meeting held on Tuesday, January 21,
1992.
Sincerely, ~O~._~
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
Ene.
pc:
Mr. W. Robert Herbert, City Manager
Mr. James D. Ritchie, Director, Human Resources
Ms. Corinne B. Gott, Manager, Social Services
Mr. Barry L. Key, Manager, Office of Management and Budget
IN THE COUNCIL OF THE CITY OF ROANOKEv VIRGINIA
The 21st Day of January, 1992.
No. 30850-012192.
AN ORDINANCE to amend and reordain
1991-92 General Fund
emergency.
WHEREAS,
Government of
exist.
THEREFORE, BE IT
Roanoke that certain
Appropriations,
Appropriations,
certain sections of the
and providing for an
for the usual daily operation of the Municipal
the City of Roanoke, an emergency is declared to
ORDAINED by the Council of the City of
sections of the 1991-92 General Fund
be, and the same are hereby, amended and
reordained to read as follows, in part:
Appropriations
Health and Welfare
Social Services - Services (1) ..................
Nondepartmental
Contingency - General Fund (2) ..................
$15,029,834
6,859,122
12,209,360
502,976
Grants-in-Aid Commonwealth Welfare (3) .....................................
1) Day Care
Services
2) Contingency
3) Day Care
(001-054-5314-3159) $ 450,000
(001-002-9410-2199) (45,000)
(001-020-1234-0686) 405,000
$53,237,496
9,337,904
BE IT FURTHER ORDAINED that, an emergency existing, this
Ordinance shall be in effect from its passage.
ATTEST:
city Clerk.
Roanoke, Virginia
January 21, 1992
The Honorable Mayor and
Members of City Council
Roanoke, Virginia
Mayor and Members of Council:
SUBJECT: REQUEST FOR ADDITIONAL DAY CARE FUNDS
I. BACKGROUND
Day Care for children of parents who are mandated to
seek employment while receiving financial assistance for
dependent children or Food Stamps is arranged and paid for
by the Department of Social Services.
Parents must participate in .job search or career exploration
if they do not become employed.
Employed parents are eligible for Day Care on a sliding fee
scale up to 12 months after they are no longer eligible for
a money payment from Social Services.
Parents whose earnings make them ineligible for
financial assistance through Aid to Dependent Children
Program, but who still have Day Care needs, are eligible
through the Federal Jobs Program.
II. CURRENT SITUATION
Department of Social services underestimated the growth
in the number of children who would need day care
services when we submitted our budget request for F/Y
1991-92.
Number of children served have increased from 262 in
December, 1990 to 591 in December, 1991, because Jobs bill
mandates more recipients for Job Training and Employment.
The pro~ected deficit is $450,000 in Day Care funds for
the remainder of Fiscal year 1991-92.
1. The State Department of Social Services will
reimburse $405,000 of this amount. (90% reimbursement}
2. Local funds of $45,000 is needed to match State
Funds.
PAGE TWO
III.
IV.
ISSUES
A. Budget.
B. Services to families.
C. Legal.
ALTERNATIVES
A. City Council approve this request and appropriate $450,000 to
provide for Day Care Services to eligible families in order for
them to become self-sufficient.
1. Budget - Increase $450,000 in additional funds
to continue Day Care Programs.
2. Service to families - Children will be provided
day care services while their parents are preparing
for self-sufficiency.
3. Legal - City will fulfill legal commitment to low-
income families.
B. Do not approve necessary funds for Day Care Services.
1. Budget - Not an issue.
2. Services to Families - Children will not remain in
approved Day Care.
3. Legal - City will not be able to fulfill legal commitment
to provide Day Care to eligible families.
V. RECOMMENDATION
A. City Council concur in the implementation of Alternative A
and authorize the following:
1. Transfer $45,000 from the General Fund Contingency
Account #001-002-9410-2199 to Department of Social
Services account 001-054-5314-3159.
PAGE THREE
Increase Revenue estimate of funds received from the
State Department of Social Services Account
#001-020-1234-0686 and corresponding increase in
Expenditure Account #001-054-5314-3159 by $405,000.
CC
Respectfully submitted.
W. Robert Herbert
City Manager
Wilburn C. Dibling, City Attorney
Joel M. Schlanger, Director of Finance
James D. Ritchie, Director of Human Resources
Corinne B. Gott, Superintendent of Social Services
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W.. Room 456
Roanoke, ~rmginia 24011
Telephone: (703)981-2541
January 23, 1992
SANDRA H. F_AKIN
Deputy City Clerk
File #236-354-70
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Resolution No. 30852-012192 accepting a certain Rescue Squad
Assistance Grant offer made to the City by the Commonwealth of Virginia,
Department of Health, Division of Emergency Medical Services, in the amount of
$2,350.00, in connection with purchase of an automatic defibrillator for use by the
Emergency Medical Services Department. Resolution No. 30852-012192 was adopted
by the Council of the City of Roanoke at a regular meeting held on Tuesday, January
21, 1992.
Sincerely, ~0~-~.~
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
Enc.
pc.'
Mr. Joel M. Schlanger, Director of Finance
Mr. George C. Snead, Jr., Director, Administration and Public Safety
Mr. Rawleigh W. Quarles, Fire Chief
Ms. Wanda B. Reed, Manager, Emergency Services
Mr. Barry L. Key, Manager, Office of Management and Budget
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21st Day of January, 1992.
No. 30852-012192.
A RESOLUTION accepting a certain Rescue Squad Assistance Grant
offer made to the City by the Commonwealth of Virginia, Department
of Health, Division of Emergency Medical Services; and authorizing
execution of the Grant Agreement on behalf of the City.
BE
follows:
1.
IT RESOLVED by the Council of the City of Roanoke as
The City of Roanoke does hereby accept the offer made to
the City by the Commonwealth of Virginia, Department of Health,
Division of Emergency Medical Services, under date of December 24,
1991, of a grant in the amount of $2,350.00, to be matched by local
funds in the same amount, under the Rescue Squad Assistance Grant
Program, such grant being more particularly described in the report
of the City Manager, dated January 21, 1992, upon all the terms,
provisions and conditions therein set out in the Grant Agreement,
a copy of which is on file in the Office of the City Clerk.
2. The City Manager is hereby authorized to execute, on
behalf of the City, a Grant Agreement thereby agreeing on behalf of
the City to comply with the terms and conditions of such award,
applicable law and regulations and all requirements of the
Commonwealth, pertaining to the assistance provided.
3. The City Manager is further authorized to furnish such
additional information as may be required by the Commonwealth in
connection with the City's acceptance of the foregoing grant.
ATTEST:
City Clerk.
~ F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roaaoke, Virginia 24011
Telephone: (703)981-2541
January 23, 1992
SANDRA H. EAI/IN
Deputy City Clerk
File//60-236-354-70
Mr. Joel M. Schlanger
Director of Finance
Roanoke, Virginia
Dear Mr. Schlanger:
I am attaching copy of Ordinance No. 30851-012192 amending and reordaining certain
sections of the 1991-92 General Fund Appropriations, providing for appropriation
of $2,350.00, to provide funds for the purchase of an automatic defibrillator for use
by the Emergency Medioal Services Department. Ordinance No. 30851-012192 was
adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday,
January 21, 1992.
Sincerely, ~D..~A.t
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
Enc o
pc:
Mr. W. Robert Herbert, City Manager
Mr. George C. Snoad, Jr., Director, Administration and Public Safety
Mr. Rawleigh W. Quarles, Fire Chief
Ms. Wanda B. Reed, Manager, Emergency Services
Mr. Barry L. Key, Manager, Office of Management and Budget
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 21st Day of January, 1992.
AN ORDINANCE to
1991-92 General
emergency.
WHEREAS, for the
Government of the City
exist.
THEREFORE, BE IT
Roanoke that certain
No. 30851-012192.
amend and reordain certain sections of the
Fund Appropriations, and providing for an
usual daily operation of the Municipal
of Roanoke, an emergency is declared to
ORDAINED by the Council of the City of
sections of the 1991-92 General Fund
hereby, amended and
Appropriations, be, and the same are
reordained to read as follows, in part:
& o riations
Public Safety
Fire Administration (1) ............................
Emergency Medical Services (2) .....................
Revenue
Grants-in-Aid Commonwealth
Other Categorical Aid (3) .........................
1) Training and
Development
2) Other
Equipment
3) Rescue Squad
Assistance
(001-050-3211-2044) $( 2,350)
(001-050-3521-9015) 4,700
(001-020-1234-0708) 2,350
$29,097,928
291,751
1,051,200
$52,834,846
12,822,728
BE IT FURTHER ORDAINED that, an emergency existing, this
Ordinance shall be in effect from its passage.
ATTEST:
City Clerk.
:Roanoke, Virginia
January 21, 1992
The Honorable Mayor and
Members of city Council
Roanoke, Virginia
Subject: Acceptance of Rescue Squad Assistance Fund Grant
Dear Members of Council:
I. Backqround:
March 1. 1991, a Fire Department EMS First ResDonder
Proaram was implemented at Fire Station 4 (Deyerle Road)
and 11 (Garden City) area.
City Council approved construction of a new fire station
in the 460 East corridor (Station ~14).
Ce
A fire department first responder proqram in this station
was also approved to reduce response times to medical
emergencies in that area.
City Manaqer authorized a qrant application from the
Commonwealth of Virainia. Department of Health, Division
of Emergency Medical Services, Rescue Squad Assistance
Fund for a 50/50 grant to purchase an automatic defibril-
lator which is essential for an effective first responder
program at the 460 East station. (See attachment "A")
II. Current Situation:
ae
February 1992, construction of the new 460 East Fire
Station is scheduled to be complete. Fire suppression
activities will begin immediately upon acceptance.
Be
Emergency Medical Technician (EMT~ Training for first
responders began on January 6 for 30 firefighters, some
of which will be assigned to fire station 14. EMT
training will be complete by May 1992.
CJ
EMS First ResDonder Pro~ram is scheduled to be~in July 1,
1992 to reduce the current average EMS response time of
8.92 minutes by 4 minutes to this outlying area of the
city.
D. Grant for a Heartstart 1000 automatic defibrillator was
approved in the amount of $2.350.00. Grant number WV-
G1(12/91). (See attachment "B")
Mayor and Members of City Council
Page 2 of 3
E. Automatic defibrillator necessary
resDonder Droaram at fire station
available.
to implement first
14 is not currently
Matchina funds in the amount of $2,350.00 are available
in fire department training and development account 001-
050-3211-2044.
III. Issues:
A. Level of Service
B. Fundin~
IV. Alternatives:
Ve
City Council accept the 50/50 grant in the amount of
$2.350 from the Commonwealth of Virginia. Department of
Health. Division of Emergency Medical Services Rescue
S~uad Assistance Fund (RSAF) for the purchase of an
automatic defibrillator. Appropriate State funds of
$2,350 and local matching funds of $2,350.
Level of service - City responds to 427 emergency
medical responses in the 460 East corridor annual-
ly. This equipment will be utilized for those
patients suffering from cardiac arrest.
2. Fundina - City's 50/50 share to purchase this
equipment is $2,350.
B. City Council does not accept the 50/50 qrant from RSAF.
1. Level of service would not be an issue.
Fundinq - City must provide total funding of $4,700
for this equipment if grant is not accepted.
Recommendation:
ae
City Council adopt a resolution acceptinq the qrant from
the Commonwealth of Virginia, Department of Health,
Division of Emergency Medical Services Rescue Squad
Assistance Fund and authorize the City Manager to execute
the grant agreement.
Mayor and Members of City Council
Page 3 of 3
Ce
Appropriate State funds of $2,350 to account 001-050-
3521-9015 and increase the General Fund revenue estimate
in the amount of $2,350.
Transfer $2,350 from the Fire Department Training and
Development Account 001-050-3211-2044 to the Department
of Emergency Medical Services Capital Equipment Account
(001-050-3521-9015).
Respectfully submitted,
W. Robert Herbert
City Manager
Attachments
WRH/WBR/cw
cc:
City Attorney
Director of Finance
Director of Administration & Public Safety
Manager of Emergency Services/EMS
Fire Chief
Agency Name
ATTACHMENT "A"
ROANOKE CITY EMERGENCY MEDICAL SERVICES
AGREEMENT FOR SERVICES
As a grantee under the terms of the Virginia Rescue Squads
Assistance Act, the undersigned hereby agrees to abide by the
following requirements and conditions:
1. Awards shall not be transferable.
Any funds disbursed pursuant to an award be properly used and
accounted for at all times. Funds shall be used only for the
items, services or purposes for which they are awarded.
Funds shall not be used for expenditures made prior to the
date of the award nor for obligations incurred after the
conclusion date for the grant period.
No funds shall be approved or used for capital outlay for any
construction projects or for daily operations costs, i.e.
gasoline, oil, tires, insurance, etc.
Should any audit reveal expenditures not permitted by the
conditions of the award the grantee shall be held responsible
for repayment.
Funds not obligated by formal contract by the end of the grant
period shall revert to the Virginia Rescue Squads Assistance
Fund unless the grant has been approved for an extension.
7 o
The grantee shall be required to submit a Final Report Form
and Serial Number Form to the Division within sixty (60) days
of the final disbursement of awarded funds·
Grant projects must be operational and request for payment
(with invoices) must be submitted to the Division of EMS, NO
LATER than sixty (60) days after the grant period ends.
Any changes in the grant project must have prior written
approval from the Division of Emergency Medical Services.
Modification approval must be requested in writing prior tc
the purchase of the equipment.
10.
Title for any
use of state
to which the
jurisdiction
equipment purchased in whole or in part with the
monies shall be in the name of the organization
award has been made or in the name of the local
in which the organization is located.
11.
The equipment purchased in whole or in part with the use of
state monies shall be used by the grantee and shall remain for
use within the project area of the grant.
12.
Sale, trade, transfer, or disposal, within three (3) years cf
items purchased in whole or in part with the use of state
mcnies shall require prior approval by the Division.
13. You must comply with the conditions for use of project funds
noted on your agency's Award Letter.
14.
15.
16.
The grantee shall not discriminate in the provision of its
services or in the conduct of its business or affairs on the
basis of race, color, creed, religion, sex, or national
origin.
The grantee shall comply with the Regulations of the Board of
Health Governing Financial Assistance for Emergency Medical
Services; the Regulations of the Board of Health Governing
Emergency Medical Services; and with all plans, policies,
procedures and guidelines adopted by the State EMS Advisory
Board as they may apply; and the Health Codes of Virginia, as
they may apply.
The grantee shall be responsible for the preparation and
maintenance of proper accounting records which shall be
maintained for a period of not less than five (5) years and
which shall be subject to and available for inspection by-the
Commissioner or his agent and for state audit inspections.
VERIFICATION
I hereby affirm that the items submitted for consideration and
payment, under the Virginia EMS Financial Assistance Grant Program
are the items that were approved by the State Health Commissioner,
Virginia Department of Health (as indicated in the Award Letter
received by my agency) or a Modification of Award as requested and
approved by the Division of Emergency Medical Services (Attach copy
to Agreement Form and/or invoice).
I further affirm that the items (equipment, services, and/or
programs) awarded and purchased with this grant will be placed into
service within the grant period. Any equipment, service and/or
programs not in service by the end of the grant period (with the
exception of approved extension requests), will be subject to
funding revocation. In the event that a grant has been approved
for extension, the equipment, service and/or programs must be in
service by the end of the grant extension or the funding will be
subject to revocation.
Any fraudulent submissions for payment (or misrepresentations of
any kind) may be considered sufficient cause for grant revocation,
repayment and possible prosecution of both the Grantee and the
Authorized Agent, whose name appears below.
Name of Grantee
Name and Title of Authorized Agent
Signature of Authorized Agent
FEDERA. L IDENTIFICATION NUMBER
RSAF APPLICATION NUMBER
Date:
CONDITIONS: Please refer to your award letter.
Revised 12/11/91
ATTACHMENT "B"
C.M.G. BUTTERY, M,D.
COMMISSIONER
SUSAN D. McHENRY
DIRECTOR-EMS
COMMONWEALTH of VIRGINIA
Department of Health
Division of Emergency Medical Services ,-~-~,,
December 24, 1991
Roanoke City Emergency Medical Services
Wanda B. Reed, Manager
215 Church Avenue, SW-Room 154
Roanoke, VA 24011
RE: Grant Title:
Grant Number:
Items and Funds Awarded:
Grant Period:
Conditions:
RSAF - General
WV-G 1 (12/91 )
Heartstart 1000 - $2,350.00 - 50/50%
January 1, 1992 - December 31, 1992
Require letter from OMD.
Dear Ms. Reed:
Congratulationsl It is my pleasure to announce that your agency is the recipient of an
award from the Rescue squad Assistance Fund Program. All items that your agency
requested were considered, however, only the items listed above were approved for funding.
Attached you will find a copy of the Grant Reimbursement Instructions, theAflreement
F_R[Ln, the Final Report Form and the Serial Number Form. To request reimbursement for the
funds awarded to your organization, please follow the procedures listed on the Grant
Reimbursement Instructions. Any correspondence or invoices must include the grant
application number referenced above for timely processing.
In accordance with the Virginia Rescue Squad Assistance Act, these funds can be used
for apl)roved exl)enditures made during the grant period listed above. If you have any
questions, please contact Mrs. Morrow at (804) 371-3500 or 1-800-523-6019.
Sincerely,
Robert B. Stroube, M.D., M.P.H.
State Health Commissioner
Enclosure
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703)981-2541
January 23, 1992
SANDRAH. EAKIN
Deputy CityClerk
File #253-144
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Resolution No. 30853-012192 expressing the intent of the City
of Roanoke that the City of Salem and the County of Montgomery shall each be
accorded an additional 60 days in which to reach an agreement with respect to the
terms and conditions of either the City of Salem's or the County of Montgomery's
joining the Roanoke Valley Resource Authority. Resolution No. 30853-012192 was
adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday,
January 21, 1992.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
Enc.
pc:
Mr. Joel M. Schlanger, Director of Finance
Mr. Kit B. Kiser, Director, Utilities and Operations
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703)981-2541
January 23, 1992
SANDRA H. EAKIN
Deputy City Clerk
File//253-144
Mr. Forest G. Jones
Clerk of Council/Assistant
City Manager
P. O. Box 869
Salem, Virginia 24153-0869
Dear Mr. Jones:
I am enclosing copy of Resolution No. 30853-012192 expressing the intent of the City
of Roanoke that the City of Salem and the County of Montgomery shall each be
accorded an additional 60 days in which to reach an agreement with respect to the
terms and conditions of either the City of Salem's or the County of Montgomery's
joining the Roanoke Valley Resource Authority. Resolution No. 30853-012192 was
adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday,
January 21, 1992.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
Enc.
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virgin/a 24011
Telephone: (703)981-2541
January 23, 1992
SANDRA H. F. AKIN
Deputy City Clerk
File #253-144
Ms. Betty S. Thomas
County Administrator/Clerk
of the Board
Montgomery County Board of
Supervisors
P. O. Box 806
Christiansburg, Virginia 24073
Dear Ms. Thomas:
I am enclosing copy of Resolution No. 30853-012192 expressing the intent of the City
of Roanoke that the City of Salem and the County of Montgomery shall each be
accorded an additional 60 days in which to reach an agreement with respect to the
terms and conditions of either the City of Salem's or the County of Montgomery's
joining the Roanoke Valley Resource Authority. Resolution No. 30853-012192 was
adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday,
January 21, 1992.
Sincerely, ~~_
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
Eric.
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue. $.W., Room 456
Roanoke, Virginia 24011
Telephone: (703)981-2541
January 23, 1992
SANDRA H. EAKIN
Deputy City Clerk
File #253-144
Ms. Mary H. Allen
Clerk of the Board
Roanoke County Board
of Supervisors
P. O. Box 29800
Roanoke, Virginia 24018-0798
Dear Ms. Allen:
I am enclosing copy of Resolution No. 30853-012192 expressing the intent of the City
of Roanoke that the City of Salem and the County of Montgomery shall each be
accorded an additional 60 days in which to reach an agreement with respect to the
terms and conditions of either the City of Salem's or the County of Montgomery's
joining the Roanoke Valley Resource Authority. Resolution No. 30853-012192 was
adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday,
January 21, 1992.
Sincerely, ~~
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
Enc.
MARY F. PARKER
City Clerk
CITY OF ROANOKK.
OFFICE OF THE CITY CLERK
215 Church Avenue. S.W.. Room 456
Roanoke, Virginia 24011
Telephone: (703)981-2541
January 23, 1992
SANDRA H. EAI(IN
Deputy City Clerk
File #253-144
Ms. Carolyn S. Ross
Clerk of Council
Town of Vinton
P. O. Box 338
Vinton, Virginia 24179
Dear Ms. Ross:
I am enclosing copy of Resolution No. 30853-012192 expressing the intent of the City
of Roanoke that the City of Salem and the County of Montgomery shall each be
accorded an additional 60 days in which to reach an agreement with respect to the
terms and conditions of either the City of Salem's or the County of Montgomery's
joining the Roanoke Valley Resource Authority. Resolution No. 30853-012192 was
adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday,
January 21, 1992.
Sincerely, ~~
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
Enc.
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21st Day of January, 1992.
No. 30853-012192.
A RESOLUTION expressing the intent of the City of Roanoke that
the City of Salem and the County of Montgomery shall each be
accorded an additional sixty (60) days in which to reach an
agreement with respect to the terms and conditions of either the
City of Salem's or the County of Montgomery's Joining the Roanoke
Valley Resource Authority.
WHEREAS, the Roanoke Valley Resource Authority Members' Use
Agreement, dated October 23, 1991, entered into by the City of
Roanoke, the Town of Vinton and the County of Roanoke, provides in
Section 7.5, that the City of Salem and the County of Montgomery
shall, within three (3) months of the execution of the Members' Use
Agreement, be permitted to Join the Roanoke Valley Resource
Authority ("Authority") on substantially the same terms and
conditions as are contained in such Agreement with the tipping fee
and other amounts to be paid by the City of Salem and the County of
Montgomery to be determined by unanimous vote of the members of the
Authority;
WHEREAS, in spite of good faith efforts, it has become
impossible to reach an agreement with the City of Salem or the
County of Montgomery within the time frame established by Section
7.5 of the Agreement;
THEREFORE, BE IT RESOLVED by the Council of the City of
Roanoke as follows:
1. It is the intent of the City of Roanoke that the City of
Salem and the County of Montgomery shall each be accorded an
additional sixty (60) days, over and above the time provided in
Section 7.5 of the Agreement, during which to reach an agreement
with respect to either the City of Salem's or the County of
Montgomery's joining the Authority and to execute an addendum or
amendment with respect to the terms and conditions of either the
City's or the County's joining the Authority.
2. The City Clerk is directed to forward an attested copy of
this resolution to the Clerk of the Vinton Town Council, the Clerk
of the Roanoke County Board of Supervisors, the Clerk of the Salem
City Council
Supervisors.
and the Clerk of the Montgomery County Board of
ATTEST:
City Clerk.
Roanoke, Virginia
January 21, 1992
Honorable Mayor and City Council
Roanoke, Virginia
Dear Members of Council:
Subject:
60-Day Time Extension for the City of Salem and
Montgomery County to consider Joining the Roanoke
Valley Resource Authority
The October 23, 1991 User Agreement between Roanoke City, Roanoke
County, Roanoke County Resource Authority and the Town of Vinton provided a
90-day window of opportunity for the City of Salem and Montgomery County to
consider joining, under certain conditions, the Roanoke Valley Resource
Authority. The City of Salem has requested a 60-day time extension per the
attached letter dated January 14, 1992.
There have been time delays dealing with such items as old landfill
liabilities and transfer station placements which, when coupled with the
recent holidays, make the requested extension a reasonable one.
This is to recommend that Council concur in a 60-day time extension for
the City of Salem and Montgomery County to consider joining the Roanoke Valley
Resource Authority.
Respectfully submitted,~ ~
W. Robert Herbert
City Manager
WRH:KBK:afm
Attachment
cc:
City Attorney
Director of Finance
Salem City Manager
Montgomery County Administrator
Roanoke County Administrator
Vinton Town Manager
Direct6r of Utilities & Operations
10:58
705 ~75 ~005 P,O1
Poet-It" bran~ fax transmKml memo
CITY OF SALEM, VIRGINIA
January 14, 1992
Mr. W. Robert Herbert
city Manager
City of Roanoke
215 Church Avenue
Roanoke, VA 24011
Mr. Elmer C. Hodge
county Administrator
County of Roanoke
P. O. Box 29800
Roanoke, VA 24018-0798
Mr. S. Bradley Corcoran
Town Manager
Tow~n of Vinton
P. O. Box 338
Vinton, VA 24179
Gentlemen:
As you are aware, Salem city Council has been considering
the offer to Join in as a partner of the proposed Regional
Landfill.
The original offer that requested an answer within 90 days
will expire January 23, 1992. Since it was November before I was
able to meet with the Negotiating Committee to discuss Salem's
role and subsequently requested our engineers begin studying the
proposal, we have not gotten far enough along to be prepared to
give an intelligent answer by January 23.
I would like to have time for Joyce Engineering, who
reDresentS the City, to study all the infor~ation they have
received and meet with Salem City Council later this month.
Then, I thin~ to give us a reasonable ammunt of time to respond,
please request your respective governing bodies to extend this
January 23 deadline 60 days or until March 24, 1992, in order for
us to work through your offer.
Please let me know as soon as possible if this is agreeable.
~lh~m~lh~smith
City Manager
RMS:~ac
cc: Jim Fender
Joyce Engineering
MARY F. PARKER
City Clerk
CITY OF ROANOKi
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703)981-2541
January 23, 1992
Deputy City Clerk
File #70-236-472
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Resolution No. 30855-012192 accepting the offer made to the
City by the Department of Fire Programs of the Commonwealth of Virginia, in the
amount of $92,543.49, in connection with procurement of materials and equipment for
training and development in the Fire Department. Resolution No. 30855-012192 was
adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday,
January 21, 1992.
Sincerely, ~D~4.~,~
Mary F. Parker, CMC/AAE
City Clerk
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Mr. Joel M. Schlanger, Director of Finance
Mr. George C. Snead, Jr., Director, Administration and Public Safety
Mr. Rawleigh W. Quaries, Fire Chief
Mr. D. Darwin Roupe, Manager, General Services
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21st Day of January, 1992.
No. 30855-012192.
A RESOLUTION accepting a certain Fire Program Fund Grant offer
made to the City by the Department of Fire Programs of the
Commonwealth of Virginia and authorizing execution of any required
documentation on behalf of the City.
BE
follows:
1.
IT RESOLVED by the Council of the City of Roanoke as
The City of Roanoke does hereby accept the offer made to
the City by the Department of Fire Programs of the Commonwealth of
Virginia, under date of June 28, 1991, of a grant in the amount of
$92,543.49, such grant being more particularly described in the
report of the City Manager, dated January 21, 1992, upon all the
provisions and conditions relating to the receipt of such
terms,
funds.
2. The City Manager is hereby authorized to execute, on
behalf of the City, any documentation required in connection with
the acceptance of such grant and to furnish such additional
information as may be required by the Commonwealth.
ATTEST:
City Clerk.
MARY F, PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, $,W., Room 456
Roanoke, Virginia 24011
Telephone: (703)981-2541
January 23, 1992
SANDRA H. EAKIN
Deputy City Clerk
File #60-70-236-472
Mr. Joel M. Schlanger
Director of Finance
Roanoke, Virginia
Dear Mr. Schlanger:
I am attaching copy of Ordinance No. 30854-012192 amending and reordaining certain
sections of the 1991-92 Grant Fund Appropriations, providing for appropriation of
$92,543.00, in connection with procurement of materials and equipment for training
and development in the Fire Department, pursuant to an offer by the Department of
Fire Programs of the Commonweaith of Virginia. Ordinance No. 30854-012192 was
adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday,
January 21, 1992.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
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Mr. W. Robert Herbert, City Manager
Mr. George C. Snead, Jr., Director, Administration and Public Safety
Mr. Rawleigh W. Quarles, Fire Chief
Mr. D. Darwin Roupe, Manager, General Services
the
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 21st Day of January, 1992.
No. 30854-012192.
AN ORDINANCE to amend and reordain certain sections of
1991-92 Grant Fund Appropriations, and providing for an
emergency.
WHEREAS, for the usual daily operation of the Municipal
Government of the City of Roanoke, an emergency is declared to
exist.
THEREFORE, BE IT ORDAINED by the
Roanoke that certain sections of the
Appropriations, be, and the same are
reordained to read as follows, in part:
Council of the City of
1991-92 Grant Fund
hereby, amended and
A ro riations
Public Safety
Fire Program Grant - FY92
(1-2) ..................
Public Safety
Fire Program Grant - FY92 (3) ....................
1) Other
Equipment (035-050-3222-9015)
2) Training and
Development (035-050-3222-2044)
3) State Grant
Revenue (035-035-1234-7096)
$1,183,203
92,543
$1,183,203
92,543
$ 76,000
16,543
92,543
BE IT FURTHER ORDAINED that, an emergency existing,
Ordinance shall be in effect from its passage.
ATTEST:
this
City Clerk.
C!TY
Roanoke, Virginia
January 21, ~2 J~[! ~5
Honorable Noel C. Taylor, Mayor
and Members of City Council
Roanoke, Virginia
Dear Members of Council:
Subject: Fire Program Fund
I. Background
Fire Program Fund was established by the General Assembly
effective October 4, 1985, pursuant to Section 38.1-44.1
of the Code of Virginia. The sunset clause requiring
expiration of this fund July 1, 1990 has now been re-
moved; thus, the City's annual allotment of state funds
will continue indefinitely.
Bo
Revenue to support this program are derived from an .8%
surcharge on ail fire insurance premiums collected
throughout the Commonwealth.
Program Guidelines require that funds received are to be
non-supplanting and must be used in accordance with the
provisions established by the State Department of Fire
Programs.
Funds provided by this program may be used for the
following:
Fire service training ~ the fire department may use
money received to purchase equipment for training
programs, employment of outside instruction and
tuition reimbursement of approved training.
Regional fire service training facilities funds
may be used to construct, improve and expand region-
al fire service training facilities.
FirefiKhting equipment/Apparatus - funds may be used
to purchase fire apparatus, specialized response
vehicles, fire hose, forcible entry tools, ladders,
radio equipment, etcetera.
Personal protective clothing - funds may be used to
purchase helmets, eye protection, protective hoods,
boots, coats, pants and gloves.
Members of Council
Subject: Fire Program Fund
Page 2
II.
E. Prohibited uses of funds are as follows:
Construction~ improvinK and expandinc any training
facilities other than Regional Fire Service Training
Facilities.
Firefightin~ equipment other than that equipment and
appurtenances attached thereto required and used at
the scene of a fire to deliver water or other extin-
guishing agents on the fire, remove smoke and gases,
protect property from smoke and water damage and
assure the fire is extinguished.
Personal protective clothinK that does not meet, at
a minimum, the National Fire Protection Association
Standards in effect at the time the purchase is
made.
F. Local cash match is not required.
Current Situation:
City's allotment of funds ($92,543.49) was received by
the City Treasurer on June 28, 1991.
City Council action is needed to formally accept and
appropriate these funds. Authorize the Director of
Finance to establish revenue estimates and appropriation
accounts in the Grants Program Fund to purchase equipment
and supplies in accordance with provisions of this
program as follows:
Fire Suppression Vehicular Equipment - $76~000.00.
To purchase and/or refurbish improved fire
suppression equipment. Bids will be advertised and
brought to City Council at a future date for final
approval.
TraininK and Development - $16~543.49. To purchase
training films, books and manuals to be used in the
department's training program.
III. Issues in order of importance are:
A. Need.
B. Funds availability.
Members of Council
Subject: Fire Program Fund
Page 3
IV. Alternatives:
City Council accept funds from the State Department of
Fire Programs and appropriate them to expenditure ac-
counts for the procurement of materials and equipment for
training and development and fire suppression equipment.
1. Need exists to purchase training aids, and fire
suppression equipment.
o
Fund availability would be met by accepting the Fire
Programs Fund allotment.
Do not accept the City's allotment from the State Depart-
ment of Fire Programs.
Needs existing to purchase training aids, and fire
suppression equipment.
Additional funds would not be obtainable through the
Fire Programs Fund.
Recommendation: City Council adopt Alternative "A" which will
authorize the following actions:
Acceptance of the grant award by the City Manager
and
Establish revenue and expenditure accounts by the
Director of Finance necessary to make the purchases
noted in Section II-B (1) and (2) above.
WRH/RWQ/gj
Respectfully submitted,
W. Robert Herbert
City Manager
CC:
City Attorney
Director of Finance
Director of Administration and Public Safety
Fire Chief
City Clerk
C Tr OF_ Q_ANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue. S.W.. Room 456
Roanoke. Virg/nia 24011
Telephone: (703)981-2541
January 23, 1992
Deputy Ci/'y Clerk
File #51-237-24A
Mr. John R. Marlies, Agent
City Planning Commission
Roanoke, Virginia
Dear Mr. Marlles:
I am attaching copy of Ordinance No. 30839-012192 with regard to proposed
amendments and revisions to Chapter 36.1, Zoning, of the Code of the City of
Roanoke (1979), as amended, relating to Flood Plain Regulations. Ordinance No
30839-012192 was adopted by the Council of the City of Roanoke on first reading o~
Monday, January 13, 1992, also adopted by the Council on second reading on
Tuesday, January 21, 1992, and will take effect ten days following the date of its
second reading.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
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The Honorable Kenneth E. Trabue, Chief Judge, Circuit Court, 305 East Main
Street, Salem, Virginia 24153
The Honorable G. O. Clemens, Judge, Circuit Court, p. O. Box 1016, Salem,
Virginia 24153
The Honorable Roy B. Wlilett, Judge, Circuit Court
The Honorable Clifford R. Weckstein, Judge, Circuit Court
The Honorable Diane M. Strickland, Judge, Circuit Court
The Honorable Joseph M. Clarke, II, Chief Judge, Juvenile and Domestic
Relations District Court
The Honorable Philip Tvompeter, Judge, Juvenile and Domestic Relations
District Court
The Honorable Fred L. Hobaek, Jr., Judge, Juvenile and Domestic Relations
District Court
The Honorable Edward S. Kidd, Jr., Chief Judge, General District Court
The Honorable Julian H. Raney, Jr., Judge, General District Court
The Honorable Richard C. Pattisal, Judge, General District Court
Mr. John R. Marlles, Agent
January 23, 1992
Page 2
pc:
The Honorable Donald S. Caldweli, Commonwealth's Attorney
The Honorable Arthur B. Crush, Clerk, Circuit Court
Ms. Patsy Bussey, Clerk, Juvenile and Domestic Relations District Court
Mr. Ronald Albright, Clerk, General District Court
Mr. Raymond F. Leven, Public Defender, Suite 4B, Southwest Virginia
Building, Roanoke, Virginia 24011
Mr. Bobby D. Casey, Office of the Magistrate
Ms. Clayne M. Calhoun, Law Librarian
Mr. Robert L. Laslie, Vice President - Supplements, Municipal Code
Corporation, P. O. Box 2235, Tallahassee, Florida 32304
Mr. Wayne G. Strickland, Executive Director, Fifth Planning District
Commission, P. O. Box 2569, Roanoke, Virginia 24010
Mr. W. Robert Herbert, City Manager
Mr. Wilburn C. Dibling, Jr., City Attorney
Mr. Steven J. Talevi, Assistant City Attorney
The Honorable Jerome S. Howard, Jr., Commissioner of Revenue
Ms. Nadine C. Minnix, Acting Director of Real Estate Valuation
Mr. Charles A. Price, Jr., Chair, City Planning Commission
Mr. L. Elwood Norris, Chair, Board of Zoning Appeals
Ms. Patti Hanes, Secretary, Board of Zoning Appeals
Mr. William F. Clark, Director of Public Works
Mr. Kit B. Kiser, Director of Utilities and Operations
Mr. Charles M. Huffine, City Engineer
Mr. Ronald H. Miller, Building Commissioner/Zoning Administrator
Mr. John R. Marlles, Chief, Community Planning
Ms. Evelyn S. Gunter, City Planner
Mr. Edward R. Tucker, City Planner
Ms. Doris Layne, Office of Real Estate Valuation
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21st Day of January, 1992.
No. 30839-012192.
AN ORDINANCE repealing §36.1-361, Floodplain districts~
definitions; ~36.1-362, ApDlication; ~36.1-363, Floodway district
requlations; §36.1-364, Floodway frinqe district and approximated
floodplain district requlations; §36.1-365, Shallow floodinq
district requlations; ~36.1-366, Zoninq permitI limitation on used
activity and development; §36.1-367, Existinq structures in
floodplain districts; and §36.1-368, Variances; and enacting new
§36.1-361, Floodplain management requlations, definitions; §36.1-
362, Establishment of floodplain areas; §36.1-363, ADDlication;
~36.1-364, Floodplain development requlations; ~36.1-365, Permitted
uses; ~36.1-366, Special exception uses; ~36.1-367, Desiqn criteria
for public utilities and facilities; ~36.1-368, Existinq structures
in the floodplain; ~36.1-369, Variances; ~36.1-370, Procedure for
variances and special exception uses in floodways, and ~36.1-371,
Abroqation and qreater restrictions, of the Code of the City of
Roanoke (1979), as amended, such additions relating to definitions
of Base flood/one-hundred year flood, Channel, Development, Flood,
Floodplain, Floodway, Historic structures, Lowest floor,
Substantial improvement, and Watercourse; the establishment of
Floodplain Areas; the application of Floodplain Areas and Flood-
fringe Areas; the establishment of Floodplain development
regulations; permitted uses; special exception uses; design
criteria for public utilities and facilities; existing structures
in the Floodplain; variances; the procedure for variances and
special exception uses in Floodways; and abrogation and greater
restrictions.
BE IT ORDAINED by
S36.1-361, Floodplain
ApDlication; S36.1-363,
the Council of the City of Roanoke that
districts~ definition~; ~36.1-362,
Floodway district regulations; ~36.1-364,
Floodway fringe district and apDroximated floodplain district
regulations; ~36.1-365, Shallow flooding district requlationn;
~36.1-366, Zoning permit~ limitation on use, activity and
development; S36.1-367, Existing structures in floodplain
districts; and ~36.1-368, Variances, of the Code of the City of
Roanoke (1979), as amended, are hereby REPEALED.
BE IT FURTHER ORDAINED by the Council of the City of Roanoke
that the Code of the City of Roanoke (1979), as amended, is hereby
amended and reordained by the enactment of ~36.1-361, Floodplain
management regulations~ definitions; S36.1-362, Establishment of
floodplain areas; S36.1-363, ADDlication; ~36.1-364, Floodplain
development regulations;
Special exception uses;
utilities and facilities;
floodplain; ~36.1-369,
variances and special exception uses
Abrogation and greater restrictions,
provide as follows:
~36.1-365,
~36.1-367,
§36.1-368,
Variances;
Permitted uses; S36.1-366,
Design criteria for public
Existing structures in th~
~36.1-370, Procedure for
in floodways, and ~36.1-371,
said new sections to read and
2
S36.1-361.
Floodplain manaqement
definitions.
requlations~
For the purpose of the
division, certain terms
defined as follows:
regulations prescribed in this
and words used herein shall be
Base flood/one-hundred year flood - A flood that, on the
average is likely to occur once every 100 years (i.e.,
that has a one (1) percent chance of occurring each year,
although the flood may occur in any year).
Channel A perceptible natural or artificial waterway
which periodically or continuously contains moving water
confined to a definite bed and banks.
Development - Any man-made change to improved or
unimproved real estate, including but not limited to,
buildings or other structures, the placement of
manufactured homes, streets, and other paving, utilities,
filling, grading, excavation, mining, dredging, or
drilling operations, or storage of equipment and/or
materials.
Flood - A general and temporary inundation of normally
dry land areas.
Floodplain - (a) A relatively flat or low land area
adjoining a river, stream, or watercourse which is
subject to partial or complete inundation; or (b) an area
subject to the unusual and rapid accumulation of run-off
of surface water from any source.
Floodway - The designated area of the floodplain required
to carry and discharge flood waters from the one hundred
(100) year magnitude flood.
Historic structures - those buildings that have a special
public value because of notable architecture, historic
events or other worthy features related to the social,
cultural, or artistic heritage of the community which are
worthy of conservation and preservation; furthermore,
those buildings are listed or are eligible to be listed
on the National Register of Historic Places or the
Virginia Landmark Register.
Lowest floor - The lowest floor includes the lowest
enclosed area (including basement) of any structure. An
unfinished or flood resistant enclosure usable solely for
parking of vehicles, building access, or storage, in an
area other than a basement area, is not considered a
building's lowest floor, provided that such enclosure is
not built so as to render the structure in violation of
the applicable non-elevation design requirements of this
ordinance.
Substantial improvement - Any repair, reconstruction, or
improvement of a structure which is not a historic
structure, the cost of which equals or exceeds fifty (50)
percent of the market value of the structure either
before the improvement or repair is started, or if the
structure has been damaged and is being restored, before
the damage occurred. For the purpose of this definition
"substantial improvement" is considered to occur when the
first alteration of any wall, ceiling, floor or other
structural part of the building commences, whether or not
that alteration affects the external dimensions of the
structure.
Watercourse - A natural or artificial channel for passage
of running water fed from natural sources in a definite
channel and discharging into some stream or body of
water.
§36.1-362.
Establishment of floodplain areas.
For the purpose of the regulations prescribed in this
division, there are hereby created various Floodplain
Areas subject to inundation by waters of the one hundred
(100) year flood. The basis for the delineation of the
Floodway and the Flood Fringe shall be the Flood
Insurance Study for the City of Roanoke prepared by the
Federal Emergency Management Agency, Federal Insurance
Administration, dated January 1, 1984, and as amended.
A copy of the Flood Insurance Study, city drainage
standards and accompanying maps, as amended, shall be
filed in the offices of the city clerk and the city
engineer. The Floodplain Areas shall consist of the
following:
(a) The Floodway is delineated, for purposes of
these regulations, using the criterion that certain areas
within the Floodplain must be capable of carrying the
waters of the one hundred (100) year flood without
increasing the water surface elevation of that flood more
than one (1) foot at any point. These Floodways are
specifically defined in Table 2 of the above-referenced
Flood Insurance Study and shown on the accompanying Flood
Boundary and Floodway Map.
(b) The Flood Fringe shall be
one hundred (100) year floodplain not
Floodway. The basis for the outermost
Flood - Fringe shall be the one hundred
that area of the
included in the
boundary of the
(100) year flood
elevations contained in the flood profiles or Table 2 of
the above-referenced Flood Insurance Study and as shown
on the accompanying Flood Boundary and Floodway Map.
(c) The Approximated Floodplain shall be that
floodplain area for which no detailed flood profiles or
elevations are provided and with a total contributing
drainage area in excess of one hundred (100) acres. If
the specific one hundred (100) year flood elevation
cannot be determined for this area using other sources of
data, such as the U.S. Army Corps of Engineers Floodplain
Information Reports, U.S. Geological Survey Flood-Prone
Quadrangles, etc., then the applicant for the proposed
use, development and/or activity shall determine this
elevation in accordance with hydrologic and hydraulic
engineering techniques. Hydrologic and hydraulic
analyses shall be undertaken only by the applicant's
professional engineers who shall certify that the
technical methods used correctly reflect currently
accepted technical concepts. (Refer to City of Roanoke
Drainage Standards Manual.) Studies, analyses,
computations, etc., shall be submitted in sufficient
detail to allow a thorough review by the City Engineer.
$36.1-363.
Application.
(a) The Floodplain Areas described above shall be
overlays to the existing underlying zoning districts as
shown on the Official Zoning Map, and as such, the
provisions for the Floodplain Areas shall serve as a
supplement to the underlying Zoning District provisions;
furthermore:
(1)
Where there happens to be any conflict between
the provisions or requirements of any of the
Floodplain Areas and those of the underlying
zoning district, the more restrictive
provisions shall apply;
(2)
In the event any provision concerning a
Floodplain Area is declared to be inapplicable
as a result of any legislative or
administrative actions or judicial discretion,
the basic underlying zoning district
provisions shall remain applicable.
(b) The boundaries of the Floodplain Areas
previously described are established as shown on the
Flood Boundary and Floodway Map which is declared to be
a part of these regulations and which shall be kept on
file at the Office of the City Clerk and/or the City
Engineer.
5
(c) The delineation of any of the Floodplain Areas
described in Section 36.1-362 may be revised by the City
Council where natural or man-made changes have occurred
and/or where more detailed studies have been conducted or
undertaken by the U.S. Army Corps of Engineers or other
qualified agency, or an individual documents the need for
such change. However, prior to any such change, approval
must be obtained from the Federal Insurance
Administration in the form of a Letter of Map Amendment
( LOMA ).
(d) Interpretations of the boundaries of the
Floodplain Areas described in Section 36.1-362 shall be
made by the Zoning Administrator. Interpretations by the
Zoning Administrator may be appealed to the Board of
Zoning Appeals in a manner as provided for in Section
36.1-654.
(e) No land or use shall hereafter be developed
within the Floodplain Areas, and no structure shall be
located, relocated, constructed, reconstructed, enlarged,
or structurally altered, except in full compliance with
the terms and provisions of these regulations and any
other applicable ordinances and regulations which apply
to uses within the jurisdiction of these regulations.
(f) Filling in those portions of the Flood-Fringe
area that contribute to bypass flooding shall be
permitted in accordance with the regulations as set forth
herein.
S36.1-364.
Floodplain development requlations.
(a) Ail uses, activities, and development occurring
within any Floodplain Areas shall be undertaken only upon
the issuance of a special permit by the Zoning
Administrator. Such development shall be undertaken only
in strict compliance with the provisions of these
regulations and with all other applicable codes and
ordinances.
(b) Prior to any proposed alteration of or
relocation of any channels or floodway of any
watercourse, stream, etc., within this jurisdiction a
permit shall be obtained from the U.S. Army Corp of
Engineers, who in turn, will notify the Virginia State
Water Control Board and the Virginia Marine Resources
Commission. Further notification by the applicant of a
multijurisdictional proposal shall be given to all
adjacent jurisdictions, the Division of Soil and Water
Conservation (Department of Conservation and Recreation),
and the Federal Insurance Administration. Copies of such
6
notifications shall be provided to the
Administrator for his records.
Zoning
(c) Ail applications for development in the
Floodplain and all special permits issued for the
Floodplain shall include a standard FEMA Elevation
Certificate completed by a licensed surveyor or engineer.
For all permits, the Zoning Administrator shall:
(1)
Obtain the elevation (in relation to mean sea
level) of the Lowest Floor of all proposed new
or Substantially Improved structures, and
whether or not such structures contain a
basement;
(2)
Obtain, if the structure will be flood-
proofed, the elevation (in relation to mean
sea level) to which the structure will be
flood-proofed;
(3) Maintain a record of all such information.
(4)
Where a non-residential structure is intended
to be made water tight below the Base Flood
level, the following shall apply:
(i)
A registered professional engineer or
architect shall develop and/or review
structural design, specifications, and
plans for the construction, and shall
certify that the design and methods of
construction are in accordance with
accepted standards of practice for
meeting the applicable provisions of the
Virginia Uniform Statewide Building Code,
and;
(ii)
A record of such certificates which
include the specific elevation (in
relation to mean sea level) to which such
structures are flood-proofed shall be
maintained by the Zoning Administrator.
(d) Ail manufactured homes or mobile homes to be
placed or Substantially Improved within the Flood -
Fringe shall be placed on a permanent foundation and
anchored in accordance with the Virginia Uniform
Statewide Building Code.
(e) In the Floodway, no encroachments, including
fill, new construction, Substantial Improvements and
other development, shall be permitted unless the
applicant's professional engineer demonstrates through
hydrologic and hydraulic analyses performed in accordance
with standard engineering practices that the proposed
encroachment would not result in any increase in the One
Hundred (100)-year flood elevation. The requirements of
Section 36.1-364, paragraphs (d) and (f) shall apply to
encroachments permitted by this section.
(f) In the Flood-Fringe and Approximated
Floodplain, the development or use of land shall be
permitted in accordance with the regulations as set forth
herein, provided that all such uses, activities, and/or
development shall be undertaken in strict compliance with
the flood-proofing and related provisions contained in
the Virginia Uniform Statewide Building Code and all
other applicable codes and ordinances. Provided further
that the lowest habitable floor of any structure shall be
elevated to a minimum of two (2) feet above the Base
Flood, or, when allowed in the Virginia Uniform Statewide
Building Code, must be flood-proofed to two (2) feet
above the Base Flood.
(g) Within the Approximated Floodplain, the
applicant's professional engineer shall also delineate a
Floodway based on the requirements that all existing and
future development not increase the One Hundred (100)-
year flood elevation more than one (1) foot at any one
point. The engineering principle--equal reduction of
conveyance--shall be used to make the 'determination of
increased flood heights. Within the Floodway Area
delineated by the applicant's professional engineer, the
provision of subsection (e) above shall apply.
S36.1-365.
Permitted uses.
In the Floodway, the following uses and activities
shall be permitted as principal uses provided that they
are in compliance with the provisions of the underlying
zoning district and provided that they do not require
structures, fill, or storage of materials and equipment
within the Floodway which may cause a substantial
increase in flood height and velocity:
(1)
Agricultural uses such as general farming,
pasture, grazing, outdoor plant nurseries,
horticulture, truck farming, forestry, sod
farming, and wild crop harvesting.
(2)
Public and private recreational uses and
activities such as parks, picnic grounds, golf
courses, boat launchings and swimming areas,
8
hiking, and horseback riding trails, wildlife
and nature preserves, and fishing areas.
(3)
Residential uses such as yard areas, gardens,
play areas, and loading areas.
(4)
Industrial and commercial uses such as open
storage of operable vehicles and parking
areas, provided a method of expedient removal
is available and provided such vehicles are
not carrying or intended to carry buoyant,
flammable, toxic or otherwise hazardous
materials.
S36.1 -366. Special exception uses.
The following uses may be permitted in the Floodway by
special exception granted by the Board of Zoning Appeals
provided that they are in compliance with the provisions
of the underlying zoning district:
(1
Structures accessory to the uses and
activities in (1) and (2) of Section 36.1-365.
(2
Certain public utilities and public facilities
and improvements such as above ground pipe
lines, water and sewage treatment plants, and
other similar or related uses.
(3
Water-related uses and activities such as
docks, wharves, piers, etc.
(4)
Excavation of materials (where no increase in
level of flooding or velocity is caused
thereby.)
(5)
Storage of materials and equipment provided
that they are not buoyant, flammable or
explosive, and are not subject to major damage
by flooding, or provided that such material
and equipment is firmly anchored to prevent
flotation or movement, and/or can be readily
removed from the area within the time
available after flood warning.
(6)
Other similar uses and activities provided
they cause no increase in flood heights and/or
velocities. All uses, activities and
structural development, shall be undertaken in
strict compliance with the flood-proofing
provisions contained in all other applicable
codes and ordinances.
S36.1-367.
Design criteria for public utilities
and facilities.
(a) Ail new or replacement sanitary sewer
facilities and private package sewage treatment plants
(including all pumping stations and collector systems)
shall be designed to minimize infiltration of flood
waters into the systems and discharges from the systems
into the flood waters. In addition, they must be
located and constructed to minimize flood damage and
impairment.
(b) Ail new or replacement potable water facilities
shall be designed to eliminate infiltration of flood
waters into the system and be located and constructed to
minimize flood damages.
(c) Ail storm drainage facilities shall be designed
to convey the flow of surface waters without damage to
persons or property. The systems shall ensure drainage
away from buildings and on-site waste disposal sites.
The City of Roanoke may require a primarily underground
system to accommodate frequent floods and a secondary
surface system to accommodate larger, less frequent
floods. Drainage plans shall be consistent with local
and regional drainage plans. The facilities shall be
designed to prevent the discharge of excess runoff onto
adjacent properties.
(d) Ail other utilities, such as gas lines,
electrical and telephone systems being placed in flood-
prone areas should be located, elevated (where possible),
and constructed to minimize the chance of impairment
during a flooding occurrence.
(e) Streets, drainage openings and sidewalks should
be designed to prevent increasing flood levels by more
than one foot.
S36.1-368.
Existing structures in the floodplain.
A structure or use of a structure or premises which
lawfully existed before the enactment of these
provisions, but which is not in conformity with these
provisions, may be continued subject to the following
conditions:
(a) Existing structures and/or uses located in the
Floodway shall not be expanded or enlarged (unless the
effect of the proposed expansion or enlargement of flood
heights is fully offset by accompanying stream or channel
improvements.)
10
(b) Any modification, alteration, repair,
reconstruction, or improvement of any kind to a structure
and/or use located in a Floodplain to an extent or amount
less than fifty (50) percent of its market value, shall
be elevated and/or flood-proofed in accordance with the
Virginia Uniform Statewide Building Code to the greatest
extent possible.
(c) For the purpose of this Chapter, the
modification, alteration, repair, reconstruction, or
improvement of any kind to a structure and/or use,
regardless of its location in a Floodplain area to an
extent or amount of fifty (50) percent or more of its
market value shall be undertaken only in full compliance
with the provisions of the Virginia Uniform Statewide
Building Code.
S36.1-369.
Variances.
When an application for a variance has been made, the
procedure for processing the variance request shall be
that as set forth in Section 36.1-654.
(a) No variance shall be granted for any proposed
use, development, or activity within any Floodway that
will cause any increase in the One Hundred (100) year
flood elevation.
(b) In passing upon applications for Floodplain
variances, the Board of Zoning Appeals shall consider the
following:
(1)
The danger to life and property due to
increased flood heights or velocities caused
by encroachment.
(2) The danger that materials may be swept onto
other lands or downstream to the injury of
others.
(3)
The proposed water supply and sanitation
systems and the ability of these systems to
prevent disease, contamination, and unsanitary
conditions.
(4)
The susceptibility of the proposed facility
and its contents to flood damage and the
effect of such damage on the individual
owners.
(5) The importance of the services provided by the
proposed facility to the community.
11
6) The requirements of the facility for a
waterfront location.
7)
The availability of alternative locations not
subject to flooding for the proposed use.
8)
The compatibility of the proposed use with
existing development and development
anticipated in the foreseeable future.
9)
The relationship of the proposed use to the
comprehensive plan and floodplain management
program for the City.
10) The safety of access by ordinary and emergency
vehicles to the property in time of flood.
The expected heights, velocity, duration, rate
of rise, and sediment transport of the flood
waters expected at the site.
12) Ail other relevant factors.
(c) The Board of Zoning Appeals may forward any
application and accompanying documentation pertaining to
any request for a variance to the City Engineer or other
qualified person or state or federal agency for technical
assistance in evaluating the proposed project in relation
to flood heights and velocities, and the adequacy of the
plans for flood protection and other related matters.
(d) Variances shall be issued only after the Board
of Zoning Appeals has determined that the granting of
such variance will not result in (a) prohibited increases
in flood heights, (b) additional threats to public safety
(c) extraordinary public expense, and will not (d) create
nuisances, (e) cause victimization of the public, or (f)
conflict with City laws or ordinances.
(e) Variances shall be issued only after the Board
of Zoning Appeals has determined that the variance will
be the minimum required to provide relief from any
hardship to the applicant.
(f) The Board of Zoning Appeals shall notify the
applicant for a variance, in writing within ten (10) days
of the public hearing, that the issuance of a variance to
construct a structure below the one hundred (100)-year
flood elevation (a) increases the risks to life and
property and (b) will result in increased premium rates
for flood insurance.
12
(g) A record of the above notification as well as
all variance actions, including justification for their
issuance, shall be maintained by the Zoning Administrator
and any variances shall be noted in the annual or
biennial report of the City submitted to the Federal
Insurance Administrator.
S36.1-370. Procedure for variances and special
exception uses in Floodways.
Ail applications for a variance or a special exception
use in any Floodway as defined herein, shall include the
following:
(1)
Plans in triplicate drawn to scale not less
that 1" to 100' horizontally showing the
location , dimensions, and contours (at 5 foot
intervals) of the lot, existing and proposed
structures, fill, storage areas, water supply,
sanitary facilities, and relationship of the
Floodway to the proposal.
(2)
A typical valley cross-section as necessary to
adequately show the channel of the stream,
elevation of land areas adjoining each side of
the channel, cross-sectional areas to be
occupied by the proposed development, and 100-
year flood elevation.
(3) A profile showing the slope of the bottom of
the channel or flow line of the stream.
(4)
A summary report, prepared by professional
engineers or others of demonstrated
qualifications, evaluating the proposed
project in relation to flood heights and
velocities; the seriousness of flood damage
to the use; and other pertinent technical
matters.
(5) A list of names, addresses and official tax
numbers of adjoining property owners.
S36.1-371.
Abroqation and greater restrictions.
These regulations supersede any regulations currently
in effect in Floodplain Areas. However, any underlying
regulations or restrictions shall remain in full force
13
and effect to the extent that its provisions are more
restrictive than the regulations as set forth herein.
ATTEST:
City Clerk.
14
'91 13 7:59
Roanoke City Planning Commission
January 13, 1992
The Honorable Noel C. Taylor, Mayor
and Members of City Council
Roanoke, Virginia
Dear Members of Council:
Subject:
Proposed amendments and revisions to Chapter 36.1,
Zoning, of the Code of the City of Roanoke, 1979,
as amended: Sections 36.1-361 to 36.1-371, Flood
Plain Regulations.
Backqround:
Purpose of proposed ordinance amendments and revisions is
threefold: (1) to bring the City's existing flood plain
regulations into conformance with recent federal
requirements promulgated by the Federal Emergency
Management Agency (FEMA); (2) to qualify the City of
Roanoke for discounts on flood insurance rates; and (3)
to improve the internal organization and structure of the
current ordinance.
City administration was notified by FEMA in August, 1991,
that the City's existing flood plain regulations were not
in compliance with current National Flood Insurance
Program rules. Failure to conform with FEMA's
requirements could result in a community-wide loss of
flood insurance availability (see attached list of
Effects of Non-Compliance in the National Flood Insurance
Program).
Ce
City administration was notified in October, 1991, of a
new federal program called the Community Rating System,
providing premium reductions, up to 45%, for flood
insurance policyholders in the City in exchange for
enhanced flood plain management by a participating
community.
Internal orqanization and structure of existing flood
plain regulations is awkward and confusing for
developers, citizens and staff who must work with
regulations on a day-to-day basis.
Bx:x:~n 355 Municipal Building 215 Church Avenue, 5.W~ Roanoke, Virginia 24011 (703) 981-23,44
Members of Council
Page 2
January 13, 1992
Ordinance and Names Subcommittee held numerous meetings
with City Planning staff. Engineer and City Attorney's
offices to discuss and evaluate possible revisions to the
existing regulations and proposed text amendments.
Planninq Commission public hearing was held on Wednesday,
December 4, 1991. Mr. John Bradshaw, Chairman of the
Ordinance and Names Subcommittee, summarized the proposed
amendments and noted that FEMA had reviewed a copy of the
City's existing flood plain regulations and had notified
the City a number of months ago that the existing
regulations were not in compliance with FEMA's new
requirements. Mr. Bradshaw noted that in addition to
bringing the existing ordinance into compliance with
FEMA's new requirements, the proposed amendment would
qualify flood insurance policyholders in the City for a
discount on their flood insurance rates through a new
program known as the Community Rating System. Mr.
Bradshaw also noted that the ordinance had been
reorganized to improve its internal organization.
In response to several questions raised by Mr. Talevi,
both Mr. Bradshaw and Mr. Marlles noted that one of the
primary objectives of flood plain regulations was to
require floodproofing of existing structures in flood
plains when they are substantially improved regardless of
whether or not the improvements were required by the
City.
Mr. Bradshaw and Mr. Marlles noted that both structures
and uses, such as outdoor storage of materials, could
increase flooding and recommended that the wording should
stand as is.
Mr. Bradshaw said that the basic intent of the flood
plain regulations is to reduce the amount of insurance
claims from flood damage over the long term. He said the
City did not want to encourage enhancement of existing
facilities in the flood plain unless they were
floodproofed.
No one from the audience appeared before the Commission
to speak in favor or in opposition to the proposed
ordinance amendments or revisions.
II. Issues:
A. Compliance with current FEMA requirements.
B. Reduction in flood insurance premiums.
Members of Council
Page 3
January 13, 1992
Internal organization and structure of existing
regulations.
III. Alternatives:
City Council approve the proposed ordinance amendments
and revisions.
City flood plain regulations would be in full
compliance with current FEMA requirements and would
insure community-wide flood insurance availability.
City adoption of proposed amendments and revisions
to flood plain regulations would result in a
minimum 5% reduction in premium rates to flood
insurance policyholders throughout the City.
Internal organization and structure of the City's
flood plain regulations would be improved.
City Council deny the proposed ordinance amendments and
revisions.
City flood plain regulations would not be in
compliance with current FEMA requirements and would
jeopardize the availability of low-cost flood
insurance within the City.
Flood insurance policyholders throughout the City
would not be eligible for the minimum 5% rate
reduction.
3. Internal organization and structure of City's
existing flood plain regulations would remain
awkward and confusing.
III. Recommendation:
The Planning Commission, by a vote of 7-0, recommended that
City Council approve the proposed flood plain ordinance text
amendments and revisions as presented. The proposed
amendments and revisions would place the City's flood plain
regulations into compliance with recent federal guidelines and
would qualify flood insurance policyholders throughout the
City for a reduction in premium rates.
Members of Council
Page 4
January 13, 1992
Respectfully submitted,
Charles A. Price, Jr., Chairman
Roanoke City Planning Commission
CAP:JRM:mpf
attachments
cc: Assistant City Attorney
Director of Public Works
City Engineer
Building Commissioner/Zoning Administrator
Attorney for the Petitioner
Effects of Non-Compfiance In The National Flood Insurance Program
(This insert is adapted from a handou¢ of the Illinois Department of Transportation, Division of Water
Resources.)
Effects on a Community:
If a community falls fo enforce its local ordinance, it may be placed on probation until
all program deficiencies have been corrected and violations remedied to the maximum
extent possible. In addition, a S25.00 surcharge will be placed on all flood insurance
policies in the community for at least one year.
If a community fails to take the remedial measures mentioned above, it may Pe sus-
pended from the National Flood Insurance Program. Suspension has the following
effects on the community:
a. Flood insurance is not available on buildings located within non-parl'icipating or '
suspended communities. No owner of o residence, business or public building will
be able to purchase a flood insurance policy. -
b. No Federal arants or loans for buildings may be mode in identified flood hazard
areas if flood insurance is a condition of the grant or loan. Includes all Federal
agencies such as HUD, EPA, SBA, HHS, EDA, DOT, DOE, etc.
c. No Federal disaster as-sistarl¢e may be provided in identified flood hazard areas if
flood insurance is a condition of the assistance. (i.e. Disaster recovery loans and
grants.)
d. No Federal mortaaae insuranqe may be provided in identified flood hazard areas.
This includes FHA, VA. Farmers Home Administration, etc.
e. Leaislative chances to FDPA (Rood Damage Protection Act) Restriction on con-
ventional loans in non-participating communities replaced by requirement that
lenders:
(1) must notify buyer or lessee that property is in flood area, and
(2) must notify buyer or lessee that property in flood hazard area is not eligible
for Federal disaster relief in a declared disaster.
f. Actuarial rates go into effect regardless of whether or not a Community partici-
pates In theprogram. Unprotected construction today may be prohibitively
expensive to insure should the community later re-enter the program.
g. Local governing body may be susceptible to some form of liability by not partici-
pating because their action: (1) denies the ability of its citizens to purchase flood
insurance, and (2) does not take positive steps to reduce the exposure of life and
property in the face of authoritative scientific and technical data.
If flood damages have occurred, claims have been paid, and all or par of the damage
can be attributed to acts or omissions of the community, the Federal Emergency Man-
agement Agency's (FEMA) General Counsel Office may proceed with subrogation
actions against the community.
If it appears that a community is ignoring violations or granting unwarranted variances,
FEMA may request that the Federal Insurance Administration field verify all or part of the
structures within a community, If the structures were improperly rated earlier, this could
lead to increased costs to individuals for flood insurance (see flood insurance example).
(over)
Proposed Zoning Amendment
November 15, 1991
Comment: Purpose of proposed ordinance amendments and
revisions is threefold: (1) to bring the City's existing
flood plain regulations into conformance with recent
federal requirements promulgated by the Federal Emergency
Management Agency (FEMA); (2) to qualify the City of
Roanoke for discounts on flood insurance rates; and (3) to
improve the internal organization and structure of the
current ordinance.
Proposed Amendment(s):
Re-create Section 36.1-361 to read as follows:
Section 36.1-361. Floodplain Management Regulations;
definitions.
For the purpose of the requlations prescribed in this division.
certain terms and words used herein shall be defined as
follows:
Base flood/one-hundred year flood - A flood that~ on the
averaqe is likely to occur once every 100 years (i.e.t that
a one (1) percent chance of occurring each year~ although tho
flood may occur in any year).
Channel: A perceptible natural or artificial waterway which
periodically or continuously contains moving water confined to
a definite bed and banks.
Development - Any man-made change to improved or unimproved
real estatet Including but not limited to~ bulldinqs or other
structures~ the placement of manufactured homes~ streets~ and
other paving, utilities~ filling, qrading~ excavation, mining,
dredging, or drillinq operations~ or storage of equipment.
and/or materials.
Flood - A general and temporary inundation of normally dry land
areas.
Floodplain - (a) A relatively flat or low land area adjoininq
river~ stream~ or watercourse which is subject to partial
complete inundation; or (b) an area subject to the unusual and
rapid accumulation of run-off of surface water from any source.
1
Floodway - The desiqnated area of the floodplain required t,,
carry and discharge flood waters from the one hundred (100)
year magnitude flood.
Historic structures - those buildings that have a spec/a]
public value because of notable architecture~ historic event.,
or other worthy features related to the social~ cultural~ ok
artistic heritage of the community which are worthy of
conservation and preservation; furthermore~ those buildings ar,
listed or are eligible to be listed on the National Register of
Historic Places or the Virqinia Landmark Register.
Lowest floor - The lowest floor includes the lowest enclosed
area (including basement) of any structure. An unfinished or
flood resistant enclosure usable solely for Darkinq of
vehicles~ building access~ or storaqe~ in an area other than ~
basement area~ is not considered a buildinq's lowest floor~
provided that such enclosure is not built so as to render tho
structure in violation of the aDDlicable non-elevation design
requirements of this ordinance.
Substantial improvement - Any repair, reconstruction~ or
improvement of a structure which is not a historic structured
the cost of which equals or exceeds fifty (50) Dercent of th~
market value of the structure either before the improvement or
repair is started~ or if the structure has been damaqed and
being restored~ before the damage occurred. For the purDose of
this definition "substantial improvement" is considered to
occur when the first alteration of any wall~ ceiling~ floor
other structural part of the building commences~ whether or not
that alteration affects the external dimensions of tho
structure.
Watercourse - A natural or artificial channel for passage of
runninq water fed from natural sources in a definite channel
and discharging into some stream or body of water.
Re-create Section 36.1-362. to read as follows:
Section 36.1-362. Establishment of Floodplain Areas.
For the purpose of the requl~tions prescribed in this division~
~here are hereby created various Floodplain Areas subject to
inundation by waters of the one hundred (100) year flood. Tho
basis for the delineation of the Floodway and the Flood -
Fringe shall be the Flood Insurance Study for the City of
Roanoke preDared by the Federal Emergency Manaqement Agency.
Federal Insurance Administration~ da~ed January 1, 1984, and as
amended. A cody of the flood insurance study, city drainaqo
standards and accomDanying maDs~ as amended~ shall be filed in
the offices of the city clerk and the city enqineer. Th~
Floodplain Areas shall consist of the following:
2
(a) The Floodway is delineated, for purposes of these
requlations~ usinq the criterion that certain areas within the
Floodplain must be capable of carryinq the waters of the one
hundred (100) year flood without increasinq the water surface
elevation of that flood more than one (1) foot at any point.
These Floodways are specifically defined in Table 2 of the
above-referenced Flood Insurance Study and shown on the
accompanying Flood Boundary and Floodway Map.
(b) The Flood - Fringe shall be that area of the one hundred
(100) year floodplain not included in the Floodway. The basis
for the outermost boundary of the Flood - Fringe shall be the
one hundred (100) year flood elevations contained in the flood
profiles or Table 2 of the above-referenced Flood Insurance
Study and as shown on the accompanyinq Flood Boundary and
Floodway Map.
(c) The Approximated Floodplain shall be that floodplain area
for which no detailed flood profiles or elevations are provided
and with a total contributing drainage area in excess of one
hundred (100) acres. If the specific one hundred (100) year
flood elevation cannot be determined for this area using other
sources of data~ such as the U.S. Army Corps of Engineers
Floodplain Information Reports~ U.S. Geological Survey Flood-
Prone Quadranqlest etc.~ then the applicant for the proposed
use~ development and/or activity shall determine this elevation
in accordance with hydrologic and hydraulic engineerinq
techniques. Hydrologic and hydraulic analyses shall be
undertaken only by the applicant's professional engineers who
shall certify that the technical methods used correctly reflect
currently- accepted technical concepts. (Refer to City of
Roanoke Drainage Standards Manual.) Studies~ analyses~
computations~ etc.~ shall be submitted in sufficient detail to
allow a thorough review by the City Engineer.
Re-create Section 36.1-363 to read as follows:
Section 36.1-363. Application.
(a) The Floodplain Areas described above shall be overlays to
the existing underlying zoning districts as shown on the
Official Zoning Map, and as such~ the provisions for the
floodplain areas shall serve as a supplement to the underlying
Zoning District provisions; furthermore:
(1) Where there happens to be any conflict between the
provisions or requirements of any of the Floodplain Areas
and those of the underlying zoning district~ the more
restrictive provisions shall apply~
(2) In the event any provision concerning a Floodplain
Area is declared to be inapplicable as a result of any
leqislative or administrative actions or ~udicial
discretion~ the basic underlying zoning district
provisions shall remain applicable.
(b) The boundaries of the Floodplain Areas previously
described are established as shown on the Flood Boundary and
Floodway Map which is declared to be a part of
regulations and which shall be kept on file at
the City Clerk and/or the City Engineer.
these
the Office of
(c) The delineation of any of the Floodplain Areas described
in Section 36.1-362 may be revised by the City Council where
natural or man-made chanqes have occurred and/or where more
detailed studies have been conducted or undertaken by the U.S.
Army CorDs of Engineers or other qualified aqency, or an
individual documents the need for such change. However~ prior
to any such chanqe~ approval must be obtained from the Federal
Insurance Administration in the form of a Letter of Map
Amendment (LOMA).
(d) Interpretations of the boundaries of the Floodplain Areas
described in Section 36.1-362 shall be made by the Zoning
Administrator. Interpretations by the Zoning Administrator may
be aDDealed to the Board of Zoning Appeals in a manner as
provided for in Section 36.1-654.
(e) No land or use shall hereafter be developed within the
Floodplain areas~ and no structure shall be located~ relocated~
constructed~ reconstructed~ enlarged~ or structurally altered~
except in full compliance with the terms and provisions of
these regulations and any other applicable ordinances and
regulations which apply to uses within the jurisdiction of
these requlations.
(f) Filling in those portions of the flood fringe area that
contribute to bypass floodinq shall be permitted in accordance
with the regulations as set forth herein.
Re-create Section 36.1-364 to read as follows:
Section 36.1-364. Floodplain Development Regulations.
(a) Ail uses, activities~ and development occurring within any
Floodplain Areas shall be undertaken only upon the issuance of
a special permit by the Zoning Administrator. Such development
shall be undertaken only in strict compliance with the
provisions of these regulations and with all other applicable
codes and ordinances.
(b) Prior to any proposed alteration of or relocation of any
channels or floodway of any watercourse~ stream~ etc.~ within
this Jurisdiction a permit shall be obtained from the U.S. Army
Corp of Enqineers~ who in turn~ will notify the Virqinia State
Water Control Board and the Virqinia Marine Resources
4
Commission. Further notification by the applicant of a
multijurisdictional proposal shall be given to all adjacent
jurisdictions~ the Division of Soil and Water Conservation
(Department of Conservation and Recreation)~ and the Federal
Insurance Administration. Copies of such notifications shall be
provided to the Zoning Administrator for his records.
(c) Ail applications for development in the Floodplain and all
special permits issued for the Floodplain shall include a
standard FEMA Elevation Certificate completed by a licensed
surveyor or engineer. For all permitst the Zoning Administrator
shall:
(1) Obtain the elevation (in relation to mean sea level)
of the lowest floor of all proposed new or substantially
improved structurest and whether or not such structures contain
a basement;
(2) Obtain~ if the structure will be flood-proofed~ the
elevation (in relation to mean sea level) to which the
structure will be flood-proofed;
(3) Maintain a record of all such information.
(4) Where a non-residential structure is intended to be
made water tight below the base flood level~ the following
shall apply:
(i) A registered professional engineer or architect shall
develop and/or review structural design, specifications~ and
plans for the construction~ and shall certify that the design
and methods of construction are in accordance with accepted
standards of practice for meeting the applicable provisions of
the Virginia Uniform Statewide Building Code~ and;
(ii) A record of such certificates which include the
specific elevation (in relation to mean sea level) to which
such structures are flood-proofed shall be maintained by the
Zoning Administrator.
(d) Ail manufactured homes or mobile homes to be placed or
substantially improved within the Flood - Fringe shall be
placed on a permanent foundation and anchored in accordance
with the Virginia Uniform Statewide Building Code.
(e) In the Floodwayt no encroachments~ including flll~ new
construction~ substantial improvements and other developmentt
shall be permitted unless the applicant's professional engineer
demonstrates through hydrologic and hydraulic analyses
performed in accordance with standard engineering practices
that the proposed encroachment would not result is any increase
in the one hundred (100)-year flood elevation. The
requirements of Section 36.1-364, paragraphs (d) and (f) shall
apply to encroachments permitted by this section.
5
(f) In the Flood-fringe and Approximated Floodplain~ the
development or use of land shall be permitted in accordanco
with the regulations as set forth herein, provided that all
such uses~ activities, and/or development shall be undertaken
in strict compliance with the flood-proofing and related
provisions contained in the Virginia Uniform Statewide Building
Code and all other applicable codes and ordinances. Provided
further that the lowest habitable floor of any structure shall
be elevated to a minimum of two (2) feet above the base flood,
or, when allowed in the Virginia Uniform Statewide Building
Code, must be flood-proofed to two (2) feet above the bash
flood.
(g) Within the Approximated Floodplain, the applicant's
professional engineer shall also delineate a floodway
based on the requirements that all existing and future
development not increase the one hundred (100)-year flood
elevation more than one (1) foot at any one point. The
engineering principle--equal reduction of conveyance--shall bo
used to make the determination of increased flood heights.
Within the Floodway Area delineated by the applicant's
professional engineer, the provision of subsection (e)
shall apply.
abov~
Recreate Section 36.1-365 to read as follows:
Section 36.1-365. Permitted Uses.
In the Floodway, the following uses and activities shall
be permitted as principal uses provided that they are in
compliance with the provisions of the underlying zoning
district and provided that they do not require structures,
fill, or storage of materials and equipment within the Floodway
which may cause a substantial increase in flood height and
velocity:
(1) Agricultural uses such as general farming, pasture.
grazing, outdoor plant nurseries, horticulture, truck
farming, forestry~ sod farminq~ and wild crop harvesting.
(2) Public and private recreational uses and activities
such as parks, picnic grounds, golf courses, boat
launchings and swimming areas~ hikinq~ and horseback
riding trails~ wildlife and nature preserves~ and fishing
areas.
(3) Residential uses such as yard areas~ gardens, play
areas, and loading areas.
(4) Industrial and commercial uses such as open storage of
operable vehicles and parking areas~ provided a method of
expedient removal is available and provided such vehicles
are not carrying or intended to carry buoyant, flammable~
toxic or otherwise hazardous materials.
Recreate Section 36.1-366 to read as follows:
Section 36.1 -366 Special exception uses.
The following uses may be permitted in the Floodway by
special exception granted by the Board of Zoning Appeals
provided that they are in compliance with the provisions of the
underlying zoning district:
(1) Structures accessory to the uses and activities in (1)
and (2) of Section 36.1-365.
(2) Certain public utilities and public facilities and
improvements such as above qround pipe lines, water and
sewaqe treatment plants, and other similar or related
uses.
(3) Water-related uses and activities such as docks,
wharves, piers, etc.
(4) Excavation of materials (where no increase in level of
flooding or velocity is caused thereby.)
(5) Storage of materials and equipment provided that they
are not buoyant, flammable or explosive, and are not
subject to major damage by flooding~ or provided that such
material and equipment is firmly anchored to prevent
flotation or movement, and/or can be readily removed from
the area within the time available after flood warninq.
(6) Other similar uses and activities provided they cause
no increase in flood heiqhts and/or velocities. All uses~
activities and structural development~ shall be undertaken
in strict compliance with the flood-proofing provisions
contained in all other applicable codes and ordinances.
Re-create Section 36.1-367 to read as follows:
Section 36.1-367. Desiqn Criteria for Public Utilities and
Facilities.
(a) Ail new or replacement sanitary sewer facilities and
private packaqe sewage treatment plants (including all pumping
stations and collector systems) shall be designed to minimize
infiltration of flood waters into the systems and discharges
from the systems into the flood waters. In addition~ they
must be located and constructed to minimize flood damaqe and
impairment.
(b) All new or replacement potable water facilities shall be
designed to eliminate infiltration of flood waters into the
system and be located and constructed to minimize flood
damages.
(c) Ail storm drainage facilities shall be designed to convey
the flow of surface waters without damage to persons or
property. The systems shall ensure drainage away from
buildings and on-site waste disposal sites. The City of
Roanoke may require a primarily underground system to
accommodate frequent floods and a secondary surface system to
accommodate larger~ less frequent floods. Drainage plans shall
be consistent with local and regional drainage plans. The
facilities shall be designed to prevent the discharge of excess
runoff onto adjacent properties.
(d) Ail other utilities~ such as gas linesr electrical and
telephone systems being placed in flood-prone areas should be
locatedr elevated (where possible)r and constructed to minimize
the chance of impairment during a flooding occurrence.
(e) Streets, drainage openings and sidewalks should be
designed to prevent increasing flood levels by more than one
foot.
Re-create Section 36.1-368 to read as follows:
Section 36.1-368. Existing structures in the Floodplain.
A structure or use of a structure or premises which lawfully
existed before the enactment of these provisionsr but which is
not in conformity with these provisions~ may be continued
subject to the followinq conditions:
(a) Existing structures and/or uses located in the Floodway
shall not be expanded or enlarged (unless the effect of the
proposed expansion or enlargement of flood heights is fully
offset by accompanying stream or channel improvements.)
(b) Any modificationr alteration~ repairt reconstruction~ or
improvement of any kind to a structure and /or use located in a
Floodplain to an extent or amount less than fifty (50) percent
of its market valuer shall be elevated and/or flood-proofed in
accordance with the Virginia Uniform Statewide Building Code to
the greatest extent possible.
(c) For the purpose of this Chapterr the modificationt
alteration~ repairr reconstructionr or improvement of any kind
to a structure and/or user regardless of its location in a
Floodplain area to an extent or amount of fifty (50) percent or
more of its market value shall be undertaken only in full
compliance with the provisions of the Virginia Uniform
Statewide Building Code.
Create Section 36.1-369 to read as follows:
Section 36.1-369. Variances.
8
When an application for a variance has been made~ the procedure
for processing the variance request shall be that as set forth
in Section 36.1-654.
(a) No variance shall be granted for any proposed use,
development~ or activity within any Floodway that will cause
any increase in the one hundred (100) year flood elevation.
(b) In passing upon applications for Floodplain variances~ the
Board of Zoning Appeals shall consider the following:
(1) The danger to life and property due to increased
flood heights or velocities caused by encroachment.
(2) The danger that materials may be swept onto other
lands or downstream to the injury of others.
(3)
The DroDosed water supply and sanitation systems and
the ability of these systems to prevent disease~
contamination~ and unsanitary conditions.
(4)
The susceptibility of the proposed facility and its
contents to flood damage and the effect of such
damage on the individual owners.
(5) The importance of the services provided by the
proposed facility to the community.
(6) The requirements of the facility for a waterfront
location.
(7) The availability of alternative locations not subject
to flooding for the proposed use.
(8)
The compatibility of the proposed use with existing
development and development anticipated in the
foreseeable future.
(9)
The relationship of the proposed use to the
comprehensive plan and floodplain management program
for the City.
(10) The safety of access by ordinary and emergency
vehicles to the property in time of flood.
(11)
The expected heiqhts~ velocity~ duration~ rate of
riser and sediment transport of the flood waters
expected at the site.
(12) Ail other relevant factors.
(c)
The Board of Zoning Appeals may forward any application
and accompanying documentation pertaining to any request
for a variance to the City Engineer or other qualified
(d)
(e)
person or state or federal agency for technical assistance
in evaluating the proposed project in relation to flood
heights and velocities~ and the adequacy of the plans for
flood protection and other related matters.
Variances shall be issued only after the Board of Zoning
Appeals has determined that the granting of such variance
will not result in (a) prohibited increases in flood
heights, (b) additional threats to public safety (c)
extraordinary public expense, and will not (d) creat~
nuisances, (e) cause victimization of the public, or (f)
conflict with City laws or ordinances.
Variances shall be issued only after the Board of Zoning
Appeals has determined that the variance will be the
(f)
minimum required to provide relief from any hardship to
the applicant.
The Board of Zoninq Appeals shall notify the applicant for
a variance~ in writinq within ten (10) days of the public
hearing~ that the issuance of a variance to construct a
structure below the one hundred (100)-year flood elevation
(a) increases the risks to life and property and (b) will
result in increased premium rates for flood insurance.
(g) A record of the above notification as well as all variance
actions~ including justification for their issuance~ shall
be maintained by the Zoninq Administrator and any
variances shall be noted in the annual or biennial report
of the City submitted to the Federal Insurance
Administrator.
Create Section 36.1 - 370 to read as follows:
Sections 36.1-370. Procedure for variances and special
exception uses in Floodways.
Ail applications for a variance or a special exception use
in any Floodway as defined herein~ shall include the followinq.
(1) Plans in triplicate drawn to scale not less that 1" to
100' horizontally showing the location ~ dimensions~ and
contours (at 5 foot intervals) of the lot~ existinq and
proposed structures~ fill~ storage areas~ water supply,
sanitary factlities~ and relationship of the Floodway tn
the proposal.
(2) A typical valley cross-section as necessary to
adequately show the channel of the stream~ elevation of
land areas adjoining each side of the channel~ cross-
sectional areas to be occupied by the proposed
development~ and 100-year flood elevation.
(3) A profile showing the slope of the bottom of the
10
channel or flow line of the stream.
(4) A summary report, prepared by professional engineers
or others of demonstrated qualifications, evaluatinq the
proposed project in relation to flood heights an.'!
velocities; the seriousness of flood damage to the use;
and other pertinent technical matters.
(5) A list of names, addresses and official tax numbers or
~djoininq Dropert¥ owners.
Create Section 36.1-371 to read as follow:
Section 36.1-371. Abrogation and Greater Restrictions.
These regulations supersede any regulations currently in
effect in Floodplain Areas. However~ any underlying
regulations or restrictions shall remain in full force and
effect to the extent that its provisions are more restrictiv,.
than the regulations as set forth herein.
11
'92 JAN13 PI:IO
CIIY ~ KOANOK:
gITY CL~KNS
KOUM SSO MUNICIPAL
KOANUN~ V~ 2~011
STATE O~ ViKGIN1A
~FFIUAViT OF
Po~L1CArluN
KEPKESENTATIYE OF THE TiNc3-.OKLJ CUK-
NE~PAPEKS UN ride HOLLU~ii'~o
12/21/~)1 MORNIN~
01/03/'~2 MURN1N~
,~iI'N*-SS~ 1dI~.. 71H .UAY OF ,~AllU~KY J. 992
AbltdO~l LED S i~NA YU~-
PUBLIC NEARING
Court; t~ Istmbl~n~lnt ~f
NOTICE OF PUBLIC HEARING
TO WHOM IT MAY CONCERN:
Pursuant to the provisions of §15.1-431, Code of Virginia
(1950), as amended, the Council of the City of Roanoke will hold a
Public Hearing on Monday, January 13, 1992, at 7:30 p.m., or as
soon thereafter as the matter may be heard, in the Council Chamber
in the Municipal Building, 215 Church Avenue, S.W., in order to
consider amendments and revisions to Chapter 36.1, Zoninq, Code of
the City of Roanoke (1979), as amended.
The proposed amendments would repeal the following sections of
Chapter 36.1, Zoninq, of the Code of the City of Roanoke (1950), as
amended: Section 36.1-361; Section 36.1-362; Section 36.1-363;
Section 36.1-364; Section 36.1-365; Section 36.1-366; Section 36.1-
367; and Section 36.1-368, and add new Section 36.1-361; Section
36.1-362; Section 36.1-363; Section 36.1-364; Section 36.1-365;
Section 36.1-366; Section 36.1-367; Section 36.1-368; Section 36.1-
369; Section 36.1-370 and Section 36.1-371, the proposed additions
relating to definitions of Base flood, One-hundred year flood,
Channel, Development, Flood, Floodplain, Floodway, Historic
structures, Lowest floor, Substantial improvement, and Watercourse;
the establishment of Floodplain Areas; the application of
Floodplain
Floodplain
exception
facilities; existing structures in the Floodplain; variances;
procedure for variances and special exceptions in Floodways;
Areas and Flood-fringe Areas; the establishment of
development regulations; permitted uses; special
uses; design criteria for public utilities and
the
and
abrogation and greater restrictions. A copy of said proposed
amendments is available for review in the Office of the City Clerk,
Room 456, Municipal Building. Questions about the content of the
proposed regulations should be directed to the Office of Community
Planning, 981-2344.
All parties in interest may appear on the above date and be
heard on the question.
GIVEN under my hand this 23rd day of December , 1991.
Mary F. Parker, City Clerk.
Please publish in full twice, once on Friday, Dec. 27, 1991,
and once on Friday, Jan. 3, 1992, in the Roanoke Times and
World News.
Send publisher's affidavit and bill to:
Mary F. Parker, City Clerk
Room 456, Municipal Bldg.
Roanoke, Virginia 24011
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703)981-2541
Janua~y-23, 1992
SANDRA H. F-AKIN
Deputy City Clerk
File #51
Mr. L. Richard Padgett, Jr., Attorney
P. O. Box 1098
Salem, Virginia 24153-1098
Dear Mr. Padgett:
I am enclosing copy of Ordinance No. 30840-012192 rezoning a tract of land located
at 1925 Peters Creek Road, N. W., identified as Official Tax No. 6380102 and a
portion of Official Tax No. 6380101 from RS-3, Residential Single-Family District, to
C-2, General Commercial District, subject to certain conditions proffered by the
petitioners. Ordinance No. 30840-012192 was adopted by the Council of the City of
Roanoke on first reading on Monday, January 13, 1992, also adopted by the Council
on second reading on Tuesday, January 21, 1992, and will take effect ten days
following the date of its second reading.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
Enc.
pc'-
Mr. Warren W. Gilbert, 4249 Appleton Avenue, N. W., Roanoke, Virginia
24017
Mr. Noel E. Spencer, 525 Crestland Drive, N. W., Roanoke, Virginia
24019
Mr. C. W. KeesHng, 1961 Peters Creek Road, N. W., Roanoke, Virginia 24017
Mr. Dick A. Cook, c/o Valley Cleaners, 1403 Williamson Road, N. E., Roanoke,
Virginia 24019
Mr. Robert C. Bell, 4502 Starkey Road, S. W., Roanoke, Virginia 24014
Mr. Robert C. Bell, c/o Ms. Melanie Mattingiy, P. O. Box 12907, Newport
News, Virginia 23612
Diversified Investors, Virginia First Savings, P. O. Box 2009, Petersburg,
Virginia 23804
Mr. L. Richard Padgett, Jr., Attorney
January 23, 1992
page 2
pc:
Mr.
Mr.
Mr.
Mr.
Mr.
Mr.
Mr. Mark L. Firebaugh, 2013 Peters Creek Road, N. W., Roanoke, Virginia
24017
Mr. Donald R. Eddins, 4356 Tellico Road, N. W., Roanoke, Virginia 24017
Mr. Larry G. Poindexter, c/o Bancplus Savings Association, P. O. Box 47524,
San Antonio, Texas 78265
Ms. Beatrice G. Harrison, 4340 Tellico Road, N. W., Roanoke, Virginia 24017
Mr. Levi Kasey, Bancboston Mortgage Co~poration, P. O. Box 44090,
Jacksonville, Florida 32231
Ms. Ada M. Harrison, 4328 Tellico Road, N. W., Roanoke, Virginia 24017
Mr. LeRoy N. Ware, 1822 Lynn Street, N. W., Roanoke, Virginia 24017
Mr. Sylvester G. Ford, Jr., 1816 Lynn Street, N. W., Roanoke, Virginia
24017
Mr. Harry F. Stone, Sr., Dominion Bankshares Mortgage Corporation, P. O.
Box 12701, Roanoke, Virginia 24027
Mr. W. Robert Herbert, City Manager
William F. Clark, Director, Public Works
John R. Marlles, Chief, Community Planning
Charles A. Price, Jr., Chair, City Planning Commission
L. Elwood Norris, Chair, Board of Zoning Appeals
Ronaid H. Miller, Building Commissioner/Zoning Administrator
Charles M. Huffine, City Engineer
IN THE COUNCIL OF THE CITY OF ROANOKE,
The 21st Day of January, 1992.
No. 30840-012192.
VIRGINIA,
AN ORDINANCE to amend S36.1-3, Code of the City of Roanoke
(1979), as amended, and Sheet No. 638, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City,
subject to certain conditions proffered by the applicant.
WHEREAS, application has been made to the Council of the City
of Roanoke to have the hereinafter described property rezoned from
RS-3, Residential Single Family District, to C-2, General
Commercial District, subject to certain conditions proffered by the
applicant; and
WHEREAS, the City Planning Commission, which after giving
proper notice to all concerned as required by §36.1-693, Code of
the City of Roanoke (1979), as amended, and after conducting a
public hearing on the matter, has made its recommendation to
Council; and
WHEREAS, a public hearing was held by City Council on said
application at its meeting on January 13, 1992, after due and
timely notice thereof as required by ~36.1-693, 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 rezoning; and
WHEREAS, this Council, after considering the aforesaid
application, the recommendation made to the Council by the Planning
Commission, the City's Comprehensive Plan, and the matters
presented at the public hearing, is of the opinion that the
hereinafter described property should be rezoned as herein
provided.
THEREFORE, BE IT ORDAINED by the Council of the City of
Roanoke that S36.1-3, Code of the City of Roanoke (1979), as
amended, and Sheet No. 638 of the Sectional 1976 Zone Map, City of
Roanoke, be amended in the following particular and no other:
Property located at 1925 Peters Creek Road, N.W., designated
on Sheet No. 638 of the Sectional 1976 Zone Map, City of Roanoke,
as Official Tax No. 6380102, and a portion of 6380101, be, and is
hereby rezoned from RS-3, Residential Single Family District, to
C-2, General Commercial District, subject to those conditions
proffered by and set forth in the First Amended Petition, filed in
the Office of the City Clerk on December 11, 1991, and that Sheet
No. 638 of the Zone Map be changed in this respect.
ATTEST:
City Clerk.
~ F. PARI(ER
City Clerk
CITY OF ROANOKF.
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703)981-2541
December 20, 1991
SANDRA H. F. AKIN
Deputy City Clerk
File #51
Mr. L. Richard Padgett, Jr.
Attorney
P. O. Box 1098
Salem, Virginia 24153-1099
Dear Mr. Padgett:
I am enclosing copy of a report of the City Planning Commission recommending that
the Council of the City of Roanoke grant the request of your clients, Messrs. L. D.
Shiffer, John J. Showalter and Waiter S. Brooks, that a tract of land located at 1925
Peters Creek Road, N. W., cont~ining4.98 acres, more or less, identified as Official
Tax Nos. 6380101 and 6380102, be rezoned from RS-3, Residential Singie-Family
District, to C-2, General Commercial District, subject to certain conditions proffered
by the petitioners.
Pursuant to Resolution No. 25523 adopted by the Council of the City of Roanoke at
a regular meeting held on Monday, April 6, 1981, a public hearing on the
abovedescribed request has been set for Monday, January 13, 1992, at 7:30 p.m.,
in the City Council Chamber, fourth floor of the Municipal Building, 215 Church
Avenue, S. W.
For your information, I am enclosing copy of a notice of the public hearing, which
notice was prepared by the City Attorney's Office. Please review the notice and ff
you have questions, you may contact Mr. Steven J. Talevi, Assistant City Attorney,
at 981-2431. Questions with regard to the Planning Commission report should be
directed to Mr. John R. Marlies, Chief of Community Planning, at 981-2344.
Sincerely,
MFP: se
PUBLIC9
Mary F. Parker, CMC/AAE
City Clerk
Eno.
Mr. L. Richard Padgett, Jr.
December 20, 1991
Page 2
pc:
Mr. and Mrs. Warren Gilbert, 4249 Appleton Avenue, N. W.,
Roanoke, Virginia 24017
Mr. Noel E. Spencer, 525 Crestland Drive, Roanoke,
Virginia 24019
Mr. and Mrs. C. W. Keesling, 1961 Peters Creek Road, N. W.,
Roanoke, Virginia 24017
Mr. Dick A. Cook, c/o Valley Cleaners, 7403 W~ll~mson Road, N. W.,
Roanoke, Virginia 24019
Mr. Robert C. Bell, 4502 Starkey Road, S. W., Roanoke, Virginia 24014
Mr. Robert C. Bell, c/o Ms. Me~s,~e Mattingiy, P. O. Box 12907, Newport
News, Virginia 23612
Diversified Investors, 1944 Peters Creek Road, N. W., Roanoke, Virginia
24017
Mr. Mark L. Firebaugh, 2013 Peters Creek Road, N. W., Roanoke, Virgi,~is
24017
Mr. and Mrs. Donald Eddins, 4356 Tellico Road, N. W., Roanoke, Virginia
24017
Mr. and Mrs. Larry Poindexter, 4348 Tellico Road, N. W., Roanoke, Virginia
24017
Ms. Beatrice G. Harrison, 4340 Tellico Road, N. W., Roanoke, Virg/n/a 24017
Mr. and Mrs. Levi Kasey, 4334 Teilico Road, N. W., Roanoke, Virginls 24017
Ms. Ada M. Harrison, 4328 Teliico Road, N. W., Roanoke, Virginia 24017
Mr. and Mrs. LeRoy Ware, 1822 Lynn Street, N. W., Roanoke, Virgi,~ 24017
Mr. and Mrs. Sylvester G. Ford, 1816 Lynn Street, N. W., Roanoke, Virginia
24017
Mr. and Mrs. Harry Stone, 1802 Lynn Street, N. W., Roanoke, Virginia 24017
Mr. Wayne G. Strickland, Executive Director, Fifth Planning
District Commission, P. O. Box 2569, Roanoke, Virginia 24010
Mr. W. Robert Herbert, City
Mr. Wilburn C. Dibling, Jr., City Attorney
Mr. Steven J. Talevi, Assistant City Attorney
Ms. Nadine C. Mi,~,~i~, Acting Director of Real Estate Valuation
Mr. Charles A. Price, Jr., Cb,,~rman, City P~,~,~ug Commission
Mr. L. Elwood Norris, ChAirman, Board of Zoning Appeals
Mr. William F. Clark, Director of Public Works
Mr. Kit B. Kiser, Director of Utilities and Operations
Mr. Charles M. Huffine, City Engineer
Mr. Ronald H. Miller, Building Commissioner/Zoning
Administrator
Mr. John R. Mariles, Agent/Secretary, City PJ~,~,~i,~g Commission
Ms. Doris Layne, Office of Real Estate Valuation
Roanoke Cii¥ Planning Commission
January 13, 1992
The Honorable Noel C. Taylor, Mayor
and Members of City Council
Roanoke, Virginia
Dear Members of Council:
Subject:
Request from L. D. Shiffer, John J. Showalter,
and Walter $. Brooks, that property located at
1925 Peters Creek Road, N.W., Official Tax No.
6380102 and a portion of 6380101, be rezoned
from RS-3, Residential Single Family District,
to C-2, General Commercial District, such
rezoning to be subject to certain conditions
proffered by the petitioner.
I. Backqround:
Purpose of the rezoning request is to provide for the
construction of a Harley Davidson dealership on the
subject property.
Petition to rezone was filed on November 13, 1991. The
following conditions were proffered by the petitioner:
That the property will be developed in substantial
conformity with the site plan prepared by Kinsey
Shane and Associates, Architecture Engineering,
Salem, Virginia, dated November 1, 1991, a copy of
which is attached hereto as Exhibit "B," subject to
any changes required by the City during site plan
review.
That the property shall be used for the purpose of
operating a Harley Davidson dealership (selling and
servicing Harley Davidson motorcycles).
That if no building permit has been issued and no
construction commenced within three (3) years from
the date of final zoning approval, the zoning shall
revert to RS-3 without further action by City
Council.
Room 355 Municipal Building 215 Church Avenue, SW. Roanoke, Virginia 24011 (703) 981-2344
4. That the appropriate subdivision agent for the City
of Roanoke review and approve the project.
That the external lighting on the property will not
illuminate neighboring residential areas.
That all repair work on the motorcycles will be
performed inside the building.
That the height of the building shall be no higher
than two stories.
That there shall be no outside storage of equipment
or accessory parts associated with the business.
That the rezoned property shall be landscaped in
accordance with the attached plans prepared by
Kinsey Shane and Associates, dated November 1,
1991. All plantings shall be planted prior to the
issuance of a certificate of occupancy for the
structure to be erected on the rezoned property,
and shall be subsequently properly maintained and
replaced as necessary.
Planning Commission public hearing was held on Wednesday,
December 4, 1991.
Mr. Richard Padgett, attorney on behalf of Mr. Shiffer,
appeared before the Commission and stated that his client
was requesting the rezoning of property at 1925 Peters
Creek Road for the purpose of constructing and operating
a Harley-Davidson Motorcycle Dealership. He then
described the location of the property and the
surrounding land uses as well as the car dealerships
across Peters Creek Road.
Mr. Padgett continued his presentation to the Commission
by reviewing the proffered site plan and conditions. He
further stated that a neighborhood meeting had been held
last week and that they did not receive any adverse
comments in regard to the proposed rezoning and
development of the property. Mr. Padgett informed the
Commission that his clients would like to relocate their
Harley Davidson dealership from Centre Avenue to the
Peters Creek Road site and that their business was family
owned and operated and catered to mainly working,
professional people.
Discussion took place between Commission members, Mr.
Padgett and staff concerning where any motorcycle repair
work would be done on the site, the topography of the
proposed development site, the size and height of the
proposed building, the possible subdivision of the entire
tract of land proposed for rezoning and clarification of
Members of Council
Page 3
January 13, 1992
some of the wording of three (3) of the proffered
conditions.
Mrs. Dorsey gave the staff report summarizing the
rezoning request, the proffered site plan and conditions.
She further stated that the site would be subject to
comprehensive site development plan review and if the
proposed building straddled the existing property lines
of the two tracts of land involved in the petition, that
a subdivision plat would be required recombining the two
tracts into one development lot. She said that the
petitioner, as indicated on the proffered site plan,
would only develop the front portion of the property
oriented towards Peters Creek Road and that approximately
1 acre of the site in the rear would remain undeveloped
and in its natural state. Mrs. Dorsey further commented
that this 1 acre area, in conjunction with the location
of the proposed building, the retention of approximately
90 feet of the rear of the proposed development site and
the 10 foot wide landscaping area along the property
lines which adjoined residentially zoned areas, that
sufficient separation and buffer area would be provided
from the residential neighborhood and the proposed
activity.
Mrs. Dorsey concluded the staff report by stating that at
the neighborhood meeting, nine area residents were
present and that no opposition to the proposed rezoning
and development was stated. She also discussed the draft
Hershberger Hills neighborhood plan as well as the City's
comprehensive plan and noted that the request was in
keeping with both plans. She said that staff recommended
approval of the request.
No one from the audience appeared before the Commission
to speak in favor or in opposition to the request.
Mr. Talevi said that he would like clarification on a
number of proffers. He asked if proffer no. 4 could be
clarified as far as subdivision was concerned. Mr.
Padgett stated that he did not want to subdivide the
property but would discuss the matter with the Agent.
Mr. Talevi explained that a subdivision also meant
combination of lots and Mr. Padgett said he would clarify
the wording. Mr. Talevi asked if the wording of proffer
no. 6 was intended to state all repairs. Mr. Padgett
said that his clients would do all repairs inside the
building and the proffer should remain as it. Mr. Talevi
questioned the wording in proffer no. 7 relative to the
structure being two stories. Mr. Padgett responded that
Members of Council
Page 4
January 13, 1992
he did not know that the structure would be two stories,
and it would more likely be only one story.
First amended petition was filed on December 11, 1991.
The following conditions were proffered by the
petitioner:
That the property will be developed in substantial
conformity with the site plan prepared by Kinsey
Shane and Associates, Architecture Engineering,
Salem, Virginia, dated November 1, 1991, a copy of
which is attached hereto as Exhibit "B," subject to
any changes required by the City during site plan
review.
That the property shall be used for the purpose of
operating a Harley Davidson dealership (selling and
servicing Harley Davidson motorcycles).
That if no building permit has been issued and no
construction commenced within three (3) years from
the date of final zoning approval, the zoning shall
revert to RS-3 without further action by City
Council.
Subdivision plat shall be prepared for review and
approval by the City for combined parcel no.
6380101 and 6380102 to form one (1) development
site as shown on site plan dated November 1, 1991,
prepared by Kinsey Shane and Associates (see
Exhibit A).
That the external lighting on the property will not
illuminate neighboring residential areas.
That all repair work on the motorcycles will be
performed inside the building.
That the height of the building shall be no higher
than forty-five (45) feet above ground level.
That there shall be no outside storage of equipment
or accessory parts associated with the business.
That the rezoned property shall be landscaped in
accordance with the attached plans prepared by
Kinsey Shane and Associates, dated November 1,
1991. All plantings shall be planted prior to the
issuance of a certificate of occupancy for the
structure to be erected on the rezoned property,
Members of Council
Page 5
January 13, 1992
II.
and shall be subsequently properly maintained and
replaced as necessary.
Issues:
Zoninq of the subject property is RS-3, Residential
Single Family District. The surrounding zoning in the
area is as follows: to the north, east and a portion of
the southern boundary is RS-3, Residential Single Family
District; to the west, across Peters Creek Road and along
the balance of the southern property boundary, is C-2,
General Commercial District.
Land use of the subject property is currently a single
family residence with the balance of the site being
vacant, undeveloped land. Surrounding land uses in the
area as follows: to the north and east are vacant,
undeveloped lots; to the south is an insurance agency;
and to the west is a rent-a-car agency and two separate
car dealerships.
Utilities are available and of adequate capacity to serve
the proposed development. Storm drainage, erosion and
sedimentation control, site entrance and adjoining right-
of-way improvements as well as other engineering concerns
will be addressed and resolved during comprehensive
development plan review of this site.
Access to the site is provided by the adjoining public
street, Peters Creek Road. The City Traffic Engineer has
stated that given the proposed use of the site, that
projected trip generations would not have a significant
impact on Peters Creek Road.
Screeninq is required for this development along all
property boundaries which adjoin residentially zoned
areas. The proffered site development plan indicates the
installation of a 10-foot wide landscaping buffer along
the entire northern, western and a portion of the
southern property lines in conjunction with retaining
approximately 90 feet of the western portion of the
development site in a natural vegetative state.
Neighborhood orqanization does not formally exist in this
area; however, the Planning office notified several
residents who requested to be notified of any rezoning
requests near their area. Those letters were mailed on
November 19, 1991, and as of the writing of this report,
no comments have been received by this office.
Notification was also sent to the president of the Peters
Members of Council
Page 6
January 13, 1992
Creek Civic League, as well as the Northwest
Revitalization Corporation and no comments have been
received.
G. Draft Hershberger Hills Neiqhborhood Plan commercial
strategy recommends that:
Encourage well-planned commercial development along
Peters Creek Road and along Hershberger Road from 1-581,
west to Cove Road.
H. Comprehensive Plan recommends that:
Commercial development is carefully evaluated to ensure
minimal conflict with residential areas and promote good
land use.
III. Alternatives:
A. City Council approve the requested rezoning.
Zoninq of the subject property would be C-2,
General Commercial District, and the development of
this motorcycle dealership would be permitted.
2. Land use would be a motorcycle sales and service
dealership.
Utilities are available and of adequate capacity to
serve the proposed development. All engineering
and drainage concerns pertaining to the actual site
development shall be addressed during comprehensive
site development and subdivision review.
Access to and from the site can safely be provided
from the adjoining public street, Peters Creek
Road. Additional traffic generated by the proposed
use can be safely accommodated by Peters Creek
Road.
Screeninq is required and is provided as part of
the site development proposal shown on the
proffered site plan. Furthermore, the maintenance
of the natural vegetative buffer for a depth of
approximately 90 feet along the rear portion of the
proposed development site would further separate
the proposed commercial activity from the
adjoining, developed residential area.
Members of Council
Page 7
January 13, 1992
Neiqhborhood realizes that given the physical
layout of the site, the proposed development
orientation and the vacant land separation between
the proposed development and the existing
residential area, that the proposed development of
this site would have minimal impacts on the
neighborhood.
Draft Hershberger Hills Neighborhood Plan
Commercial development action strategy would
followed.
be
8. Comprehensive Plan issue as set forth would be
followed.
B. City Council deny the rezoning request.
Zoninq would remain RS-3, Residential Single Family
District and the proposed development would not be
permitted.
Land use would remain single family residence with
adjoining vacant, undeveloped property.
3. Utilities would not be affected.
4. Access would not be an issue.
5. Screening would not be an issue.
6. Neighborhood would not be affected.
Draft neighborhood plan action strategy could be
followed at a later date.
8. Comprehensive Plan issue as set forth could be
followed at a later date.
IV. Recommendation:
By a vote of 6-1 (Chairman Price voting in opposition), the
Planning Commission recommended approval of the requested
rezoning request finding that the rezoning is a logical
extension of the highway oriented commercial uses to the west
and northwest of the subject property. Furthermore, that the
requested rezoning would be in keeping with the
recommendations of the draft neighborhood plan for this area
as well as the Comprehensive Plan issue as set forth.
Members of Council
Page 8
January 13, 1992
Respectfully submitted,
Charles A.Price, Jr., Chairman
Roanoke City Planning Commission
JRM:EDD:mpf
attachments
cc: Assistant City Attorney
Director of Public Works
City Engineer
Building Commissioner/Zoning Administrator
Attorney for the Petitioner
IN RE:
R~CL~EC
IN x~ COUNCIL OF ~ CITer OF Rna~_~, VIRGT~XA
~ L~_V 11 P3:23
Rezoning of a tract of land lying in the City of Roanoke,
knowll as 1925 Peters Creek Road, Tax Map Nos. 6380101 and
6380102, from RS-3 to C-2, such rezoning to be subject to
certain conditions.
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOK~:
The Petitioners, L. D. SRIFFER, JOHN J. SHOWALTER and WALTER
S. BROOKS, own land in the City of Roanoke, Virginia containing 4.98 acres,
more or less, located at 1925 Peters Creek Road, Roanoke, Virginia, Tax Map
Nos. 6380101 and 6380102. Said tracts are currently zoned RS-3. A map of
the property to be rezoned is attached hereto as Exhibit "A".
Pursuant to Section 36.[-690, Code of the City of Roanoke
(1979), as amended, the Petitioners request that the said property be
rezoned from RS-3 District to C-2 District, subject ~o certain conditions
set forth below, for the purpose of operatin8 a Harley Davtdson dealership
(selling and servicing Harley Davideon motorcycles).
The Petitioners believe the rezoning of the said tract of
land will further the intent and purposes of the City's Zoning Ordinance
and its comprehensive site review, in that it will conform with the nature
and tenor of surrounding business establishments, yet not disrupt or
threaten the residential characteristics of nearby neighborhoods.
The Petitioners hereby proffer and agree that if the said
tract is rezoned as requested, that the rezoning will be subject to, and
that the Petitioners will abide by, the following conditions:
i. That the property will be developed in substantial
conformity with the site plan prepared by Kinsey Shane & Associates,
Architecture Engineering, Salem, Virginia, dated November 1, 1991, a copy
of which ts attached hereto aa Exhibit "B", subject to any changes required
by the City during site plan review.
2. That the property shall be used for the purpose of
operating a Harley Davidson dealership (selling and servicing Harley
Davidson motorcycles).
3. That if no building permit has been issued and no
construction commenced within three (3) years from the date of final zoning
the zoning shall revert to RS-3 without further action by City
approval,
Council.
4. Subdivision plat shall be prepared for review and
approval by the City for combined parcel no. 6380101 and parcel no.
6380102 to form one (1) development site as shown on site plan dated
November 1, 1991, prepared by Kinsey Shane & Associates (see "Exhibit A").
5. That the external lighting on the property will not
illuminate neighboring residential areas.
6. That all
performed inside the building.
7. That the
repair work on the motorcycles will be
height of the building shall be no higher
than forty-five (45) feet above ground level.
8. That there shall be no outside storage of equipment or
accessory parts associated with the business.
9. That the rezoned property shall be landscaped in
accordance with the attached plans prepared by Kinsey Shane & Associates,
dated November 1, 1991. Ail plantings shall be planted prior to the
issuance of a certificate of occupancy for the structure to be erected on
--2--
the rezoned property, and shall be subsequently p~opsrl¥ maintained and
replaced as necessary.
Attached hereto as Exhibit "C" are the names, addresses and
adjacent to
rezoned.
of the owner or owners of all lots or property immediately
or immediately across a street or road from the property to be
tract be
Zoning Ordinance of the City of Roanoke.
Respectfully submitted this
WHEREFORE, the Petitioners request that the above-described
rezoned as requested in accordance with the provisions of the
day of December, 1991.
L. Richard Padgett, Jr.
P.O. Box 1098
Salem, VA 24153-1098
Counsel for petitioners
By:
L. D. Shiffer, John J. Showalter and
Walter S. Brooks, Petitioners
"Of 'Counsel '
~ ~a~Oao~
R
~f
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W.. Room 456
Roanoke, V'wginia 24011
Telephone: (703)981-2541
December 13, 1991
File #51
SANDRA H. F-AKIN
Deputy City Clerk
Mr. Charles A. Price, Jr., Chairman
City Planning Commission
Roanoke, Virginia
Dear Mr. Price:
Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as
amended, I am enclosing copy of an amended petition from Mr. L. Richard Padgett,
Jr., Attorney, representing Messrs. L. D. Shifter, John J. Showalter and Walter
S. Brooks, requesting that a tract of land located at 1925 Peters Creek Road, N. W.,
containing 4.98 acres, more or less, identified as Official Tax Nos. 6380101 and
6380102, be rezoned from RS-3, Residential Singie-Family District, to C-2, General
Commercial District, subject to certain conditions proffered by the petitioners.
Sincerely,
Mary F. Parker,
City Clerk
MFP:se
REZONE9A
Enc.
pc:
Mr. L. Richard Padgett, Jr., Attorney, P. O. Box 1098, Salem, Virginia
24153-1098
Mr. John R. Marlles, Agent/Secretary, City Planning Commission
Mr. Ronald H. Miller, Building Commissioner/Zoning Administrator
Mr. Steven J. Taievi, Assistant City Attorney
L. RICHARD PADGEtT, JR.
AtTORNEy AT LAW
SALEM, VIF~GINIA 24153
IN 'l'lt~ COUNCIL OF 'l'U~. CI~ OF P. OANOKE, VTR~T~'TA
IN RE:
Rezoning of a tract of land lying in the City of Roanoke,
known as 1925 Peters Creek Road, Tax Map Nos. 6380101 and
6380102, from RS-3 to C-2, such rezoning to be subject to
certain conditions.
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE:
The Petitioners, L. D. SHIFFER, JOHN J. SHOWALTER and WALTER
S. BROOKS, own land in the City of Roanoke, Virginia containing 4.98 acres,
more or less, located at 1925 Peters Creek Road, Roanoke, Virginia, Tax Map
Nos. 6380101 and 6380102. Said tracts are currently zoned RS-3. A map of
the property to be rezoned is attached hereto as Exhibit "A".
Pursuant to Section 36.1-690, Code of the City of Roanoke
(1979), as amended, the Petitioners request that the said property be
rezoned from RS-3 District to C-2 District, subject to certain conditions
set forth below, for the purpose of operating a Harley Davidson dealership
(selling and servicing Harley Davidson motorcycles).
The Petitioners believe the rezoning of the said tract of
land will further the intent and purposes of the City's Zoning Ordinance
and its comprehensive site review, in that it will conform with the nature
and tenor of surrounding business establishments, yet not disrupt or
threaten the residential characteristics of nearby neighborhoods.
The Petitioners hereby proffer and agree that if the said
tract is rezoned as requested, that the rezoning will be subject to, and
that the Petitioners will abide by, the following conditions:
conformity
1. That the property will be developed in substantial
with the site plan prepared by Kinsey Shane & Associates,
I. RICHARD PADGETT, JR
ATTORNEY AT LAW
SALEM, VIRGINIA 24153
Architecture Engineering, Salem, Virginia, dated November 1, 1991, a copy
of which is attached hereto as Exhibit "B", subject to any changes required
by the City during site plan review.
2. That the property shall be used for the purpose of
operating a Harley Davidson dealership (selling and servicing Harley
Davidson motorcycles).
3. That if no building permit has been issued and no
construction commenced within three (3) years from the date of final zoning
approval, the zoning shall revert to RS-3 without further action by City
Council.
4. Subdivision plat shall be prepared for review and
approval by the City for combined parcel no. 6380101 and parcel no.
6380102 to form one (1) development site as shown on site plan dated
November 1, 1991, prepared by Kinsey Shane & Associates (see "Exhibit A").
5. That the external lighting on the property will not
illuminate neighboring residential areas.
6. That all repair work on the motorcycles will be
performed inside the building.
7. That the height of the building shall be no higher
than forty-five (45) feet above ground level.
8. That there shall be no outside storage of equipment or
accessory parts associated with the business.
9. That the rezoned property shall be landscaped in
accordance with the attached plans prepared by Kinsey Shane & Associates,
dated November 1, 1991. Ail plantings shall be planted prior to the
issuance of a certificate of occupancy for the structure to be erected on
the rezoned property, and shall be subsequently properly maintained and
replaced as necessary.
Attached hereto as Exhibit "C" are the names, addresses and
tax numbers of the owner or owners of all lots or property immediately
adjacent to or i~ediately across a street or road from the property to be
rezoned.
WHEREFORE, the Petitioners request that the above-described
tract be rezoned as requested in accordance with the provisions of the
Zoning Ordinance of the City of Roanoke.
Respectfully submitted this ! / ~ day of December, i991.
L. Richard Padgett, Jr.
P.O. Box 1098
Salem, VA 24153-1098
Counsel for petitioners
By:
L. D. Shiffer, John J. Showalter and
Walter S. Brooks, Petitioners
r Of ~Counsel
L'RICHARD PADGETT'JR --3--
ATTORNEYATLAW
SALEM. VIRGINIA 24153
CiTY ] ] :-]']Z
~O ~I-IR CTTy CLRRK OF TH~ CItY O~ ROANOKR, VIRGINIA
~R~AININ~ ~0 ~HE RE~.ORIN~ REOU~.ST OF:
Request from L. D. Shiffer, John J. Showalter and
Walter S. Brooks, that a tract of land situate at
1925 Peters Creek Road, N.W., designated as Official
Tax No. 6380102 and the front 411± foot portion of
Official Tax No. 6380101, be rezoned from RS-3,
Residential Single Family District, to C-2, General
Commercial District, such rezoning to be subject to
certain conditions proffered by the petitioner.
AFFI-
DAVIT
COMMONWEALTH OF VIRGINIA)
) TO-WIT:
CITY OF ROANOKE )
The affiant, Martha Pace Franklin, first being duly sworn,
states that she is secretary to the Secretary of the City of
Roanoke Planning Commission, and as such is competent to make this
affidavit of her own personal knowledge. Affidavit states that,
pursuant to the provisions of Section 15.1-341, Code of Virginia,
(1950), as amended, on behalf of the Planning Commission of the
City of Roanoke, she has sent by first-class mail on the 25th day
of November, 1991, notices of a public hearing to be held on the
4th Day of December, on the rezoning captioned above to the owner
or agent of the parcels listed below at their last known address:
Parcel
6380119
6380109
6380104
6380103
6120442
6140714
Owner~ Aqent or Occupant
Warren and Hassie Gilbert
Noel E. Spencer
C. W. and Evelyn T. Keesling
Dick A. Cook
c/o Valley Cleaners
Robert C. Bell
Robert C. Bell
c/o Melanie Mattingly
Diversified Investors
Mark L. Firebaugh
Donald and Fern Eddins
6140713
6140712
6370306
6370307
Address
4249 Appleton Avenue
Roanoke, VA 24017
525 Crestland Drive
Roanoke, VA 24019
1961 Peters Creek Road
Roanoke, VA 24017
7403 Williamson Road
Roanoke, VA 24019
4502 Starkey Road, SW
Roanoke, VA 24014
517 Walnut Avenue, SW
Roanoke, VA 24014
P.O. Box 12907
Newport News, VA 23612
1944 Peters Creek Road
Roanoke, VA 24017
2013 Peters Creek Road
Roanoke, VA 24017
4356 Tellico Road, NW
Roanoke, VA 24017
6370309
6370310
6370311
6370312
6370313
6370314
6370315
Larry and Sally Poindexter
4348 Tellico Road, NW
Roanoke, VA 24017
Beatrice G. Harrison
4340 Tellico Road, NW
Roanoke, VA 20417
Levi and Berta Kasey
4334 Tellico Road, NW
Roanoke, VA 24017
Ada M. Harrison
4328 Tellico Road, NW
Roanoke, VA 24017
LeRoy and Elaine S. Ware
1822 Lynn Street, NW
Roanoke, VA 24017
Sylvester G. and Geneva Ford
1816 Lynn Street
Roanoke, VA 24017
Harry and Elsie Stone 1802 Lynn Street
/~Roanoke, VA 24017
Mart%~_~Pace Franklin ~-
SUBSCRIBED AND SWORN to before me, a Notary Public, in the
City of Roanoke, Virginia, this November 25, 1991.
My Commission Expires:
/f
NOTICE OF PUBLIC HEARING
COMMISSION
TO WHOM IT MAY CONCERN:
N0¥15 A8:36
PLANNING
The Roanoke City Planning Commission will hold a public
hearing on Wednesday, December 4, 1991, at 1:30 p.m., or as soon
thereafter as the matter may be heard, in the City Council Chamber,
fourth floor, Municipal Building, 215 Church Avenue, S.W., in order
to consider the following:
Request from L. D. Shiffer, John J. Showalter and Walter S.
Brooks, that a tract of land situate at 1925 Peters Creek
Road, N.W., designated as Official Tax No. 6380102 and the
front 411± foot portion~of Official Tax No. 6380101, be
rezoned from RS-3, Residential Single Family District, to C-2,
General Commercial District, such rezoning to be subject to
certain conditions proffered by the petitioner.
A copy of said application is available for review in the
Office of Community Planning, Room 355, Municipal Building.
All parties in interest and citizens may appear on the above
date and be heard on the matter.
John R. Marlles, Agent
Roanoke City Planning Commission
Please run in newspaper on Tuesday, November 19, 1991
Please run in newspaper on Tuesday, November 26, 1991
Please bill:
L. Richard Padgett, Jr.
P. O. Box 1090
Salem, VA 24153-1098
389-8626
Please send an affidavit of publication to:
Office of Community Planning
Room 355, Municipal Building
215 Church Avenue, SW
Roanoke, VA 24011
NOTICE OF PUBLIC HEARING BEFORE THE ROANOKE CITY PLANNING
COMMISSION
TO WHOM IT MAY CONCERN:
The Roanoke City Planning Commission will hold a public
hearing on Wednesday, December 4, 1991, at 1:30 p.m., or as soon
thereafter as the matter may be heard, in the City Council Chamber,
fourth floor, Municipal Building, 215 Church Avenue, S.W., in order
to consider amendments to Subdivision E. Flood Plain Zone
Regulations of Section 36.1, Zoning, of the Code of the City of
Virginia, 1979, as amended.
A copy of said amendments are available for review in the
Office of Community Planning, Room 355, Municipal Building.
All parties in interest and citizens may appear on the above
date and be heard on the matter.
John R. Marlles, Agent
Roanoke City Planning Commission
Please run in newspaper on Tuesday, November 19, 1991
Please run in newspaper on Tuesday, November 26, 1991
Please bill and send an affidavit of publication to:
Office of Community Planning
Room 355, Municipal Building
215 Church Avenue, SW
Roanoke, VA 24011
/f
300 3iCoN0 STREET
VA 2~153
'92 JAN13 P1:10
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THIS 7TH OAY UF JANUAKY 1992
AUTHOKIZED SICNATUKb
NOTICE OF PUBLIC HEARING
TO WHOM IT MAY CONCERN:
Pursuant to the provisions of Article VII of Chapter 36.1,
Code of the City of Roanoke (1979), as amended, the Council of the
City of Roanoke will hold a Public Hearing on Monday, January 13,
1991, at 7:30 p.m., in the Council Chamber in the Municipal
Building, 215 Church Avenue, S.W., on the question of rezoning from
RS-3, Residential Single Family District, to C-2, General
Commercial District, the following property:
A tract of land located at 1925 Peters Creek
Road, N.W., designated as Official Tax No.
6380102, and a portion of Official Tax No.
6380101, such rezoning to be subject to
certain proffered conditions.
A copy of this proposal is available for public inspection in
the Office of the City Clerk, Room 456, Municipal Building. All
parties in interest may appear on the above date and be heard on
the question.
GIVEN under my hand this 23rd day of December 1991
Mary F. Parker, City Clerk.
Please publish in full twice, once on Friday, Dec. 27, 1991,
and once on Friday, Jan. 3, 1992, in the Roanoke Times and
World News.
Send publisher's affidavit to:
Bill to:
Mary F. Parker, City Clerk
Room 456, Municipal Bldg.
Roanoke, Virginia 24011
L. Richard Padgett, Jr., Attorney
P. O. Box 1098
Salem, Virginia 24153-1098
MARY F. PARLOR
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue. S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703)981-2541
November 15, 1991
File #51
SANDRA H. F-A~N
Deputy City Clerk
Mr. Charles A. Price, Jr., Chairman
City Planning Commission
Roanoke, Virginia
Dear Mr. Price:
Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as
amended, I am enclosing copy of a petition from Mr. L. Richard Padgett, Jr.,
Attorney, representing Messrs. L. D. Shiffer, John J. Showalter and Waiter S.
Brooks, requesting that a tract of land located at 1925 Peters Creek Road, N. W.,
containing 4.98 acres, more or less, identified as Official Tax Nos. 6380101 and
6380102, be rezoned from RS-3, Residential Singie-Family District, to C-2, General
Commercial District, subject to certain conditions proffered by the petitioners.
Sincerely, ~
Mary F. Parker, CMC/AAE
City Clerk
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Mr. L. Richard Padgett, Jr., Attorney, P. O. Box 1098, Salem, Virginia
24153-1098
Mr. John R. Marlles, Agent/Secretary, City Planning Commission
Mr. Ronald H. Miller, Building Commissioner/Zoning Administrator
Mr. Steven J. Talevi, Assistant City Attorney
Roanoke, Virginia
January 21, 1992
Honorable Mayor and City Council
Roanoke, Virginia
Dear Members of Council:
Subject:
Emergency Procurement - Change Order for
Renovated Work at Falling Creek Filter Plant
ne City has a contract with Acorn Construction Company for renovation
work at Falling Creek Filter Plant in the amount of $1,350,921.92. The
contract is substantially complete; however, additional work needs to be
performed to effectively control the treatment process. The major item of
additional work is purchasing and installing two valves, with
readers/printers, to control the flow rate.
The total change order will be in an amount not to exceed $24,514.00 and
take approximately 10 weeks due to the delivery time on the valves. Timing is
critical as we are approaching spring high demand flows. $18,274.00 of the
anticipated change order is due to the equipment which is propriety equipment.
The remaining costs are reasonable; however, we have determined it to be in
the City's interest to negotiate a "price not to exceed" rather than a lump
sum price.
This is to advise Council that I have authorized the project manager to
tell the contractor to proceed, under the provisions of Section 41 of the City
Charter dealing with emergency procurement, as soon as the precise details of
the change order are resolved and con~nitted to writing.
Final details of the change order will be presented to Council at a
later date for ratification.
Respectfully submitted,
City Manager
WRH:KBK:afm
CC:
City Attorney
Director of Finance
Water Department Manager
Project Manager