HomeMy WebLinkAboutCouncil Actions 05-17-93HARVEY
31466
REGULAR WEEKLY SESSION
ROANOKE CHY COUNCIL
May 17, 1993
2:00 p.m.
AGENDA FOR THE COUNCIL
Call to Order Roll Call. All Present.
The Invocation was delivered by The Reverend Michael Nevling,
Pastor, Colonial Presbyterian Church.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor David A. Bowers.
The Mayor and Members of Roanoke City Council and City officials
welcomed all Student Government Day participants.
Presentations in connection with National Public Works Week. Mayor
Bowers.
Adopted Resolution No. 31466-051793 recognizing THOMAS N.
PAGE, as Employee Of The Year in the Public Works directorate. (7-0)
BID OPENINGS
Ao
Bids for air conditioning and related work at the Gainsboro Library,
15 Patton Avenue, N. W.
Three bids were referred to a committee composed of William White,
Sr., Chairperson, James D. Ritchie and George C. Snead, Jr.
PUBLIC HEARINGS
Public hearing on the request of Guy B. Merritt for an amendment and
revision to Chapter 36.1, Zoning, Code of the City of Roanoke (1979),
as amended, which proposed amendment would amend Section 36.1-
108, to permit a special exception use in the RM-1, Residential Multi-
family, Low Density District, to allow medical offices in an existing
structure, upon certain terms and conditions. Daniel F. Layman, Jr.,
Attorney.
Adopted Ordinance No. 31467 on first reading. (6-0, Council Member
Harvey abstained from voting.)
e
CONSENT AGENDA
(APPROVED 7-0)
ALL MATYERS LISTED IJNDER THE CONSENT AGENDA ARE
CONSIDERED TO BE RO~ BY THE MAYOR AND MF~MBERS OF
CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION IN THE
FORM, OR FORMS, LISTED BELOW. THERE WILL BE NO
SEPARATE DISCUSSION OF THE ITEMS. IF DISCUSSION IS
DESIRED, THE ITEM WILL BE REMOVED FROM THE CONSENT
AGENDA AND CONSIDERED SEPARATELY.
C-I Minutes of the special meeting of Council held on Wednesday,
February 10, 1993.
RECOMMENDED ACTION: Dispense with the reading thereof and
approve as recorded.
C-2
A communication from Mayor David A. Bowers requesting an
Executive Session to discuss vacancies on various authorities, boards,
commissions and committees appointed by Council, pursuant to Section 2.1-
344 (A)(1), Code of Virginia (1950), as amended.
RECOMMENDED ACTION:
Concur in request for Council to convene in
Executive Session to discuss vacancies on
various authorities, boards, commissions and
committees appointed by Council, pursuant
to Section 2.1-344 (A)(1), Code of Virginia
(1950), as amended.
A report of the City Manager requesting that Council convene in
Executive Session to discuss the location of a prospective business when no
previous announcement has been made of the business' interest in locating
in the community, purs-ant to Section 2.1-344 (A)(5), Code of Virginia
(1950), as amended.
An oral request of Vice-Mayor Beverly T. Fitzpatrick, Jr., that Council
convene in Executive Session to discuss a personnel matter, being the
appointment of a specific public officer, pursuant Section 2.1-344 (A)(1),
Code of Virginia (1950), as amended.
REGULAR AGENDA
3. HEARING OF CITlZF~NS UPON PUBLIC MATFERS:
None.
4. PETITIONS AND COMMUNICATIONS:
3
A communication from the Roanoke City School Board recommending
appropriation of $16,546.00 for the Regional Adult Literacy and Basic
Education program to provide funds for operation of the adult literacy
programs; and closing of 31 completed grants, resulting in a net
decrease of $272,104.00.
Adopted Budget Ordinance No. 31468-051793. (7-0)
5. REPORTS OF OFFICERS:
a. CITY MANAGER:
BRIEFINGS: None.
ITEMS RECOMMENDED FOR ACTION:
A report recommending authorization to execute a three year
contract with Festival In The Park, Inc., to provide for the
amount of City expenditures and support services for Festival In
The Park events.
o
w
Adopted Resolution No. 31469-051793. (7-0)
A report recommending waiver of the rental fee and granting of
concession rights and commission to Roanoke Festival in the
Park for use of Victory Stadium on May 28 and June 4, 1993.
Adopted Ordinance No. 31470 on first reading. (7-0)
A report recommending amendment of the City's contract with
Blue Cross and Blue Shield of Virginia for a period of six
months beginning July 1, 1993, to provide coverage and rates
for health care for City retirees.
Adopted Resolution No. 31471-051793. (7-0)
A report recommending establishment of a Williamson Road
Area Service District; and execution of a Service Agreement
with the Williamson Road Area Business Association, Inc., to
implement such service district program.
Adopted Ordinance No. 31472 on first reading and Ordinance
No. 31473-051793. (7-0)
6. REPORTS OF COMM1T~.I~g:
a. (1)
A report of the committee appointed to tabulate bids received for
providing furniture for City offices at the Jefferson Center, 540
Campbell Avenue, S. W., recommending that both bids be
rejected, and that the City Manager be authorized to take certain
action to purchase the necessary furniture and equipment.
Council Member William White, Sr., Chairperson.
(2) A report of the City Attorney with regard to the above report.
Adopted Resolution No. 31474-051793. (7-0)
UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION
ORDINANCES AND RESOLUTIONS:
OF
ae
Ordinance No. 31441, on second reading, permanently vacating,
discontinuing and closing a 10 foot wide alley located between 16
Luck Avenue and 22 Luck Avenue, S. W., described as Lot 8, Official
Tax No. 1012707 and Lot 7, Official Tax No. 1012706, as it runs from
Luck Avenue to the rear corners of Lots 7 and 8.
Adopted Ordinance No. 31441-051793. (7-0)
bo
Ordinance No. 31442, on second reading, changing existing proffered
conditions on property known as Official Tax No. 1271014, said tract
of land located at 2311 Sanford Avenue, S. W., known as Lot 13,
Block 1, Map of Colonial Heights, and rezoning Official Tax No.
1271013, from RM-1, Residential Multi-family, Low Density District,
to C-2, General Commercial District, subject to certain proffered
conditions.
Adopted Ordinance No. 31442--051793. (7-0)
Ordinance No. 31443, on second reading, amending conditions
previously proffered on the rezoning of a parcel of land located at
3342 Melrose Avenue, N. W., known as Official Tax No. 2660417.
Adopted Ordinance No. 31443-051793. (7-0)
do
Ordinance No. 31444, on second reading, rezoning a tract of land
lying on the south side of Salem Turnpike, N. W., and being the
northeasterly 166 feet, more or less, of Official Tax No. 2640311, the
westerly 84 feet, more or less, of Official Tax No. 2640351 and
extending back between parallel lines 350 feet, more or less, said tract
containing 2.00 acres, from LM, Light Manufacturing District, to C-2,
General Commercial District, subject to certain proffered conditions.
Adopted Ordinance No. 31a. a.~.-051793. (7-0)
eo
Ordinance No. 31448, on second reading, accepting a bid for
concession privileges at the River's Edge Sports Complex, upon certain
terms and conditions; and authorizing execution of the requisite
concession agreement.
Adopted Ordinance No. 31448-051793. (7-0)
6
Ordinance No. 31462, on second reading, amending and reordaining
Section 32-16, Levied; rate, Code of the City of Roanoke (1979), as
amended, to provide for reduction of the real estate tax rate from $1.25
on every one hundred dollars of fair market value to $1.23 on every
one hundred dollars of fair market value; and providing for an
effective date.
Adopted Ordinance No. 31462-051793. (5-2, Vice-Mayor Fitzpatrick
and Council Member Bowles voted no.)
Ordinance No. 31463, on second reading, amending and reordaining
Section 32-122, Levied; rate, Code of the City of Roanoke (1979), as
amended, to provide for reduction of the real estate and tangible
personal property tax rate applicable to public service corporations; and
providing for an effective date.
Adopted Ordinance No. 31463--051793. (5-2, Vice-Mayor Fitzpatrick
and Council Member Bowles voted no.)
Ordinance No. 31465, on second reading, amending and reordaining
Section 32-86, _Financial ~, Code of the City of Roanoke
(1979), as amended, by adding a new subsection (c) increasing from
$22,0t30.00 to $24,000.00 the total combined annual income threshold
for qualification for real estate tax exemption for elderly and disabled
persons for the tax year commencing July I, 1994; and amending
current subsection (c) of Section 32-86, Financi~, to
redesignate such subsection as subsection (d).
Adopted Ordinance No. 31465-051793. (5-2, Vice-Mayor Fitzpatrick
and Council Member Bowles voted no.)
9. MOTIONS AND MISCELLANEOUS BUSINESS:
a. Inquiries and/or comments by the Mayor and Members of City
Council.
The City Manager and City Attorney were requested to report to
Council within two weeks as to powers of the Roanoke Civic Center
Commission in connection with marketing Victory Stadium.
Vacancies on various authorities, boards, commissions and committees
appointed by Council.
10. OTHF~R HEARINGS OF CITIZF. NS: None.
CERTIFICATION OF EXECUTIVE SESSION. (7-0)
Appointed Gilbert E. Butler, Jr., to the City Planning Commission.
Reappointed J. Stephen Shepard and Thomas H. Miller to the Youth Services
Citizen Board.
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 17th day of May, 1993.
No. 31466-051793.
A RESOLUTION recognizing T~{OMAS N. PAGE, as Employee Of The Year
in the Public Works directorate.
WHEREAS, the Director of Public Works has instituted a program to
recognize the services and contributions of one of the directorate's
employees by designating an Employee Of The Year;
WHEREAS, Thomas N. Page is a Sanitation Worker in the Solid Waste
Department at the Public Works Service Center and has been employed by
the City on a permanent basis since October 1, 1975;
WHEREAS, Mr. Page took the initiative to prepare for and pass all
tests required for a commercial driver's license;
WHEREAS, Mr. Page began driving trucks as a backup almost
immediately upon passing the aforementioned tests;
WHEREAS, most recently Mr. Page worked many overtime hours, and
used his knowledge of city streets, in performing special leaf and
Christmas tree collection routes so that the collection would remain
on schedule; and
WHEREAS, Mr. Page has been selected as the Public Works
directorate's Employee Of The Year for 1992-93.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
that this Council adopts this means of recognizing and commending the
excellent services rendered to the City by T~OMA$ N. PAGE, Sanitation
Worker.
ATTEST:
City Clerk.
Office of the Mayor
CITY OF ROANOKE
rotlam ion
Given under our hands and the Seal of the City of Roanoke this seventeenth day
of May in the year of our Lord, nineteen hundred and ninety-three.
WHERF. A~, public works services provided in our community are an integral
part of the every day lives of citizens; and
WllEREAS,
the support of an understanding and informed citizenry is vital to
the efficient operation of public works systems and programs such
as water, sewers, streets and highways, public buildings, solid
waste collection, and snow removal; and
WHF. RF.A$, the health, safety and comfort of the Roanoke community greatly
depend on these facilities and services; and
WHF. REAS,
the quality and effectiveness of these facilities, as well as their
planning, design, and construction, are vitally dependent upon the
efforts and skill of public works officials; and
the efficiency of the qualified and dedicated personnel who staff
public works depa~t,t~ents is materially influenced by the people's
a~tudes and understanding of the importance of the work they
perform.
NOW, THF_J?F. FOR~, L David A. Bowers, Mayor of the City of Roanoke, Virginia,
in recognition of the valuable contributions that public works
officials make everyday to our health, safety and comfort, do
hereby proclaim May 17 - 23, 1993, as
NATIONAL PUBLIC WORthY; WEEK.
A~TEST:
City Clerk Mayor
Employees-of-the-Quarter
1992-93
Lloyd F. Rawley
O. Tom Clarke, III
Audrey C. Rickmond
Donald F. Wallace
Richard A. Cooley
Edward J. Daniels
Leroy Haley
Randy C. Baldwin
Barry K. Stacy
James L. Hicks
David W. Thompson
James E. Pagans
Johnny W. Henderson
Donald E. McGuire
Mark A. Anderson
Gary L. Bowman
Thomas N. Page
Roger E. Lee
Judy F. Jeffreys
Gregory L. Goad
Francis Wright, Jr.
Streets & Traffic Department
Parks & Recreation/Grounds Maintenance
Fleet Management Department
Streets & Traffic Department
Building Maintenance Department
Custodial Services
Solid Waste Management
Streets & Traffic Department
Parks & Recreation/Grounds Maintenance
Fleet Management Department
Streets & Traffic
Engineering
Streets & Traffic
Solid Waste
Fleet Management
Streets & Traffic
Solid Waste
Fleet Management Department
Parks & Recreation/Grounds Maintenance
Streets & Traffic Department
Solid Waste Management
Department
Department
Department
Management
Department
Department
Management
MARY F. PARKER
City Clerk, CMC/AAE
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703) 981-2541
SANDRA H. EAKIN
Deputy City Clerk
May 21, 1993
File #323-472
The Honorable William White, Sr., Chairperson )
Mr. James D. Ritchie ) Committee
Mr. George C. Snead, Jr. )
Gentlemen:
The following bids for air conditioning and related work at the Gainsboro Library,
located at 15 Patton Avenue, N. W., were opened and read before the Council of the
City of Roanoke at a regular meeting held on Monday, May 17, 1993:
BIDDER LUMP SUM
Woods Air Conditioning and
Heating, Inc.
Bayshore Mechanical
Morrison Mechanical and
Building Services
$11,450.00
12,444.00
19,995.00
On motion, duly seconded and unanimously adopted, the bids were referred to you
for tabulation, report and recommendation to Council.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: sm
pc: Mr. Wilburn C. Dibling, Jr., City Attorney
MINUTES CONSIDERED AT THIS COUNCIL MEETING
MAY BE REVIEWED ON LINE IN THE "OFFICIAL MINUTES" FOLDER,
OR AT THE CITY CLERK'S OFFICE
David A. Bowers
Mayor
CITY OF ROANOKE
OFFICE OF THE MAYOR
215 Church Avenue, S.W., Room 452
R~anoke, Vi~ginh 24011-1594
Telephone: (703) 981-2444
May 17, 1993
The Honorable Vice-Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mrs. Bowles and Gentlemen:
I wish to request an Executive Session to discuss vacancies on various authorities,
boards, commissions and committees appointed by Council, pursuant to Section 2.1-
344 (A) (1), Code of Virginia (1950), as amended.
Sincel'ely,
Mayor
DAB: se
Roanoke, Virginia
May 17, 1993
The Honorable David A. Bowers, Mayor
and Members of City Council
Roanoke, Virginia 24011
Rq: Reouest for Executive Session
Dear Mrs. Bowles and Gentlemen:
This is to request that City Council convene in Executive Session to discuss the
location of a prospective business when no previous announcement has been made
of the business' interest in locating in the community, pursuant to Section 2.1-
344(A)(5), Code of Virginia (1950), as amended.
Respectfully submitted,
W. Robert Herbert
City Manager
WRH/dh
cc:
James D. Grisso, Acting Director of Finance
Wilburn C. Dibling, City Attorney
Phillip F. Sparks, Acting Chief, Economic Development
Mary F. Parker, City Clerk
MARY F. PARKER
City Clerk, CMC/AAE
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703) 981-2541
SANDRA H. EAKIN
Deputy City Clerk
May 21, 1993
File #60=467
Mr. James D. Grisso
Acting Director of Finance
Roanoke, Virginia
Dear Mr. Grisso:
I am attaching copy of Ordinance No. 31468-051793 amending and reordaining certain
sections of the 1992-93 Grant Fund Appropriations, providing for appropriation of
$16,546.00 for the Regional Adult Literacy and Basic Education program. Ordinance
No. 31468-051793 was adopted by the Council of the City of Roanoke at a regular
meeting held on Monday, May 17, 1993.
Sincerely, 2~::~.~.~~
Mary F. Parker, CMC/AAE
City Clerk
MFP: sm
Eric.
pc:
Mr. Finn D. Pincus, Chairperson, Roanoke City School Board
Dr. Frank P. Tota, Superintendent of Schools
Mr. Richard L. Kelley, Executive for Business Affairs and
Clerk of the Board
Mr. W. Robert Herbert, City Manager
Mr. Barry L. Key, Manager, Office of Management and Budget
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRaINIA
The 17th day of May, 1993.
No. 31468-051793.
AN ORDINANCE to amend and reordain certain sections of the
1992-93 Grant Fund Appropriations, and providing for an emergency.
WHEREAS, for the usual daily operation of the Municipal
Government of the City of Roahoke, an emergency is declared to
exist.
THEREFORE, BE IT ORDAINED by the Council of the City of
Roanoke that certain sections of the 1992-93 Grant Fund
Appropriations, be, and the same are hereby, amended and reordained
to read as follows, in part:
Ammromriattons
Education
Regional Adult Literacy and Basic Education
1992-93 (1) ........................................
Revenue
Education
Regional Adult Literacy and Basic Education
1992-93 (2) ........................................
1) Contracted
Services
2) Federal Grant
Receipts
(035-060-6758-6450-0313) $16,546
(035-060-6758-1102) 16,546
$20,231,717
73,953
$20,231,717
73,953
BE IT FURTHER ORDAINED that, an emergency existing,
Ordinance shall be in effect from its passage.
ATTEST:
this
City Clerk.
DEPARTMENT OF FINANCE
CITY OF ROANOKE, VA.
May 17, 1993
'93 ~1t~Y13 g9:59
TO:
FROM:
SUBJECT:
Honorable Mayor and Members of City Council
James D. Grisso, Acting Director of Finance
School Board Request for the Appropriation of Grant
Funds
I have reviewed the attached request to appropriate
funding for the School Board. This report will appropriate funding
for one grant in the Grant Fund. This grant will be funded with
federal funds.
I recommend that you concur with the request of the
School Board.
JDG:pac
~lrector of Finance
31l~ Finn D. Pincus, Chairman
Charles W. Day, Vice Chairman
Marilyn C. Curtis
~x,-Roanoke
City School Board
C. Nelson Harris
Martha W. O'Neil
Clubert G. Poff
James M. Turner. Jr.
Frank P. Tota, Superintendent
Richard L. Kelley, Clerk of the Board
P.O. Box 13145, Roanoke, Virginia 24031 · 703-981-2381 · Fax: 703-981-2951
May 5, 1993
The Honorable David A. Bowers, Mayor
and Members of Roanoke City Council
Roanoke, VA 24011
Dear Members of Council:
As the result of official School Board action at its May 4, 1993 meeting, the
Board respectfully requests City Council to appropriate $16,546.00 for the Regional
Adult Literacy and Basic Education program to provide funds for the operation of the
adult literacy programs. The appropriation represents additional funds received for
flow-through contracted services subcontracted by the Fifth District Employment and
Training Consortium.
The Board further requests that 31 completed grants be closed which will result
in a net decrease of $272,104.
The Board appreciates the approval of these requests.
Richard L. Kelley
Executive for Business Affairs
and Clerk of the Board
rg
CC:
Mr. Finn D. Pincus
Dr. Frank P. Tota
Mr. William L. Murray, Jr.
Mr. Kenneth F. Mundy
Mr. W. Robert Herbert
Mr. Wilburn C. Dibling
~Mr. James D. Grisso
s. Ila Farriss (with accounting details)
Excellence in Education
ROANOKE CITY SCIIO01, BOARD
Roanoke, Virginia
APPROPRIATION REQIJEST
Regional Adult hiteracy and Basic Edncation 92-93
6758
035-060-6758-6450-0313
Appropriation Unit Z7G
Contracted Services
s __6,546.o o
035-060-6758-1102
Federal Grant Receipts
$ 1~6,546.0~0
The Regional hdult Literacy and Basic Education progral, for 1992-93 will
provide funds for the operalion of adult literacy programs in A]leghany
County, Roanoke County and the Cities of Covington, Clifton Forge and ,qalem.
The above appropriation represents addiliona] fmldn received for flow 1brongh
contracted services subcontracted by Ihe Fifih District Employment and
Training Consortiom. Tile program will operalo through dune 30, 1993.
May 4, 1993
MARY F. PARKER
City Clerk, CMC/AAE
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703) 981-2541
SANDRA H. EAKIN
Deputy City Clerk
May 21, 1993
File #67=87
Ms. Wendi T. Schultz
Executive Director
Festival in the Park, Inc.
P. O. Box 8276
Roanoke, Virginia 24014
Dear Ms. Schultz:
I am enclosing copy of Resolution No. 31469-051793 authorizing execution of an
agreement with Roanoke Festival in the Park to provide that the City will grant
credit in an amount not to exceed $45,000.00 for use of such organization for Festival
in the Park activities to be held in 1993, 1994, and 1995. Resolution No. 31469-
051793 was adopted by the Council of the City of Roanoke at a regular meeting held
on Monday, May 17, 1993.
Sincerely, ~~
Mary F. Parker, CMC/AAE
City Clerk
MFP: sm
Ene.
pe:
Ms. Ann Francis, President, Board of Directors, Festival in the Park, Inc.,
P. O. Box 8276, Roanoke, Virginia 24014
Mr. W. Robert Herbert, City Manager
Mr. Wilburn C. Dibling, Jr., City Attorney
Mr. James D. Grisso, Acting Director of Finance
Mr. William F. Clark, Director, Public Works
Mr. George C. Snead, Jr., Director, Public Safety
Mr. Lynnis B. Vernon, Acting Manager, Parks and Recreation/Grounds
Mr. E. Laban Johnson, Special Events Coordinator
Ms. Corinne B. Gott, Acting Director, Human Development
Ms. Lauren G. Eib, Risk Management Officer
IN THE COUNCIL OF THE CITY OF ROANOKE,
The 17th day of May, 1993.
No. 31469-051793.
VIRGINIA,
A RESOLUTION authorizing the execution of an agreement with
Roanoke Festival In the Park.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The City Manager or the Assistant City Manager and the
City Clerk are hereby authorized, for and on behalf of the City, to
execute and attest, respectively, an agreement with Roanoke
Festival in the Park to provide the City will grant credit in an
amount up to $45,000.00 per year for use of such organization for
Festival activities to be held in 1993, 1994, and 1995.
2. The agreement shall be substantially In the form attached
to the City Manager's report dated May 17, 1993.
3. The agreement shall contain such other terms and
conditions deemed reasonable and appropriate by the City Manager,
and the form of the agreement shall be approved by the City
Attorney.
ATTEST:
City Clerk.
'93 MAY12 P4:59
Roanoke, virginia
May 17, 1993
Honorable David A. Bowers,
and Members of Council
Roanoke, Virginia
Mayor
Dear Members of Council:
SUBJECT: ROANOKE'S FESTIVAL IN THE PARK, INC.
THREE (3) YEAR CO~T~(ACT
I. BACKGROUND
ae
Roanoke Festival in the Park presents the largest
annual outdoor event in the City.
Substantial City SUPPort is required since Festival in
the Park is operated almost exclusively on City property.
A three (3) year contract has been negotiated with
Roanoke Festival in the Park that would clearly delineate
services to be provided and the amount of City
expenditures to support these services.
II. CURRENT SITUATION:
Festival in the Park, '93 is scheduled to begin on
Thursday, May 27, 1993 and conclude on Sunday, June 6,
1993.
Be
The DroDosed contract (attached) has been negotiated with
a limit of $45,000 per year of City services including
labor, utilities, fees and equipment rentals in each of
the three years covered.
III. ISSUES:
A. Financial
B. Staff Support
C. LeGal
D. Timing
Mayor and Members of Council
May 18, 1992
Page 2
IV. ALTERNATIVES:
ae
Be
Council authorize contract to be finalized by City
Attorney and executed by City Manager.
Financial support up to a limit of $45,000 will be
credited to Roanoke Festival in the Park for City
services including labor, utilities, fees and
equipment rentals in each of the three years
covered.
Staff support will be committed to Roanoke Festival
in the Park as in the past.
Legal authority is vested in Council to enter into
a contract to provide services to Roanoke Festival
in the Park under the terms of the negotiated
contract.
Timin~ of the signing is critical since the event
opens on Thursday evening May 27 and continues
through June 6.
Council not authorize the contract.
Financial support will not be extended to the event
and the credited funds will remain with the various
City Departments.
2. Staff support will not be provided.
Legal authority of Council to execute a contract
is a moot issue.
4. Timin~ of the event will be unaffected.
Mayor and Members of Council
May 18, 1992
Page 3
RECOMMEBq)ATION: City Council concur with Alternative "A" to
authorize the City Attorney to finalize the contract and allow
the city Manager to sign it.
Respectfully Submitted,
W~obert Herbert
City Manager
WRH/elj
Attachment
CC: Mrs. Ann Francis
Mrs. Wendi Schultz
City Attorney
Director of Finance
Director of Public Works
Director of Public Safety
Risk Management Officer
Manager of Parks and Recreation
Chief, Billings and Collections
Special Events Coordinator
AGREEMENT
DRAFT
THIS AGREEMENT is made this __ day of , 1993,
between the City of Roanoke, Virginia ("City") and Roanoke Festival
in the Park, a Virginia non-stock corporation ("Licensee").
WHEREAS, Licensee has, for several years, operated Festival in
the Park ("Event") which benefits the residents of the Roanoke
Valley by attracting tourism to the City of Roanoke and surrounding
areas, by having a substantial economic impact upon the City and by
enhancing the cultural and social
area; and
WHEREAS, Licensee intends to continue to
during the current fiscal year and thereafter;
opportunities available in the
promote the Event
and
WHEREAS, City has, in the past, provided substantial in-kind
support to Licensee; and
WHEREAS, the parties to this Agreement desire to formalize the
arrangement between City and Licensee with respect to the Event.
W I T N E S S E T H:
IN CONSIDERATION of the mutual covenants contained in this
Agreement, City and Licensee agree as follows:
Term: This agreement shall commence on the date indicated
above and, unless terminated in accordance with the provisions
of this Agreement, shall extend until June 30, 1995.
Financial Support: During each fiscal year that this
Agreement is in effect, the City shall grant to Licensee
credit in an amount not to exceed $45,000.00. Licensee may
use such credit to offset utility, labor, and equipment usage
e
charges and related expenses which Licensee incurs with the
City in relation to the Event. During any fiscal year, if
Licensee's charges with the City exceed $45,000.00, the City
and Licensee shall discuss such charges, and Licensee agrees
to reimburse the City within ten (10) days after discussions
with the City and its receipt of an invoice detailing charges
and expenses claimed due.
Accounting Related to Victory Stadium: Within thirty (30)
days after each year's Event, Licensee shall file with the
City Clerk a preliminary certified statement setting forth the
gross receipts, program expenses, and net revenues from each
usage of Victory Stadium, and a statement that all net
revenues from each such usage will be expended in accordance
with Resolution 24982, adopted by City Council January 28,
1980. Within sixty (60) days after each year's event,
Licensee shall provide a final certified statement setting
forth the gross receipts, program expenses, and net revenues
of each such usage of Victory Stadium.
City Represent&tires: The City Manager shall designate in
writing one or more contact persons to serve as the City's
representative to the Event. This representative will serve
as coordinator between the City and Licensee, expediting all
requests, keeping Licensee and the City fully informed of new
procedures, ordinances, and the like having an impact on both
the City and Licensee. Licensee may request and the City
Manager may designate another or additional contact person
2
upon a showing by Licensee that such request is reasonably
necessary to the success of the Event.
Elmwood Park: Licensee agrees that each event held at Elmwood
Park shall be scheduled to conclude promptly by 10:00 p.m. In
case of exigent circumstances, Licensee may extend the event
to 10:30 p.m., after which time the City Manager or his
representative, after consultation with Licensee, may permit
the event to continue beyond 10:30 p.m. to a time certain
designated by the City Manager or his designated
representative.
Provision of Information~
Licensee shall provide the City
with the name and address of each food or beverage vendor who
has filed an application to sell or offer for sale to the
public any goods at Festival. Such information shall be
provided as soon as practicable to the City's Office of
Billings and Collections, it being agreed that a preliminary
listing shall be provided no later than May 1 of each year
this agreement is in effect· Licensee agrees to provide City
with all available information regarding the amount of goods
and services sold by each vendor.
Vendors with Delinquent Taxes: City shall provide Licensee
with a list of vendors who have delinquent tax obligations
owing to the City. Licensee shell notify in writing such
vendors that they may be subject to prosecution for any tax
delinquencies if the City provides Licensee with properly
identified vendors by January 1 of each year that this
contract is in effect. Licensee shall have no liability for
any vendor's tax delinquencies.
Payment of Taxes by Licensee= Licensee agrees to collect and
pay to the City, in accordance with the requirements of the
City's Director of Finance or other official charged with the
responsibility of administering such taxes, all taxes owing to
City that result from Licensee's activities related to the
Event, including but not limited to admissions tax pursuant to
Article IX of Title 32, Code of the City of Roanoke (1979), as
amended, and the prepared food and beverage tax pursuant to
Article XIV of Title
as amended.
Insurance= Licensee
32, Code of the City of Roanoke (1979),
shall obtain and maintain, until the
conclusion of the last day of the Event, commercial general
liability insurance with minimum limits of One Million Dollars
($1,000,000) per occurrence and Two Million Dollars
($2,000,000) aggregate to include Five Thousand Dollars
($5,000) medical payments. The policy shall be an
"occurrence" type policy from an insurance company licensed to
do business in the State of Virginia with a Best Rating of A
or better. If any organization co-sponsors with Licensee any
race, athletic tournament or similar sporting activity
concurrently with the Event, such co-sponsoring organization
shall provide the City with proof of commercial general
liability insurance of at least One Million Dollars
($1,000,000) for the co-sponsored event. Licensee and any co-
10.
sponsoring organization shall name the City, its officers,
agents, employees and volunteers as additional insureds as
their interests may appear on the appropriate liability
policies. At least thirty (30) days prior to the commencement
of each year's Event, both licensee and co-sponsors shall
furnish to City certificates evidencing the required insurance
coverage and expressly providing that such coverage shall not
be canceled or materially altered except after thirty (30)
days prior notice to City. Ail insurance correspondence shall
be sent to the City of Roanoke, c/o Risk Management Officer,
Room 207, Municipal Building North, Roanoke, Virginia, 24011.
Indemnification and Allocation of Risk: Licensee agrees to be
responsible for and pay, indemnify and hold harmless City, its
officers, agents and employees against any and all loss, cost
or expense, including reasonable attorneys' fees, and other
costs of defense, resulting from any claim or legal action of
any nature whatsoever, whether or not reduced to a Judgment,
for any liability of any nature whatsoever that may arise
against City in connection with the Event or in connection
with any of the rights and privileges granted by City to
Licensee in this Agreement, including, without limitation,
personal injury, wrongful death or property damage claims, any
patent, trademark, franchise, copyright, libel or defamation
claim or suit, any claim or suit based upon Licensee's or
Licensee's agents', servants', employees' or invitees'
intentional or negligent acts or omissions, and any claims,
5
11.
12.
fines or penalties resulting from improper use, storage,
release or disposal on City property of any substance
regulated under any federal, state or local law, regulation or
ordinance~ except that Licensee shall not indemnify City for
any liability or expense which results from the City's, its
employees' or agents' own acts or omissions. Licensee
specifically agrees to indemnify and hold City harmless from
any and all claims, losses or expenses, including reasonable
attorney's fees, incurred with regard to performance of
copyrighted materials during the Event.
Receipt and Storage of ProDert¥~ Receipt and storage of
equipment or property by City for Licensee shall not be
permitted unless authorized in writing by the City Manager or
his representative, and any such storage shall be at the
Licensee's sole expense and risk. Licensee agrees to hold
City harmless for any damage to or loss of any equipment or
property of the Licensee, received or stored in accordance
with this paragraph, unless such damage or loss shall be
caused by City's sole negligence.
Compliance with Laws and Regulations= Licensee shall comply
with all laws, ordinances and regulations adopted or
established by federal, state or local governmental agencies
or bodies and with all applicable City rules and regulations,
and Licensee shall require that its agents, employees,
contractors or subcontractors do likewise.
6
to good condition or restoring to good condition any City
property reasonably deemed by City to have been damaged as a
result of or arising out of Licensee's use of the property.
17. Assiqnment: Licensee shall not assign or transfer any right
or interest under this Agreement, including, without
limitation, the right to receive any payment, without City's
prior written approval of satisfactory evidence of such
assignment and Licensee agrees that any such assignment
without prior written approval of City shall be null and void.
18. Notice: Notice to City required or permitted by this
Agreement shall be hand-delivered or sent by certified mail,
return receipt requested, to City of Roanoke, Department of
Parks and Recreation/Grounds Maintenance, c/o Special Events
Coordinator, 210 Reserve Avenue, S.W., Roanoke, Virginia
24016. Notice to Licensee required or permitted by this
Agreement shall be hand-delivered or sent by certified mail,
return receipt requested, to Licensee at 635 Day Avenue,
Roanoke, Virginia 24016. Notice mailed in accordance with
this paragraph shall be deemed received upon mailing.
19. Relat~onship to Other Parties: It is not intended by ANY of
the provisions of ANY part of this Agreement to confer a
benefit upon any other person or entity not a party to this
Agreement or to authorize any person or entity not a party to
this Agreement to maintain a suit pursuant to the terms or
provisions of this Agreement, including, without limitation,
13.
14.
15.
16.
Licenses and Permits= Licensee shall pay promptly all
applicable taxes and fees and obtain all licenses or permits
as required by federal, state or local laws and ordinances and
Licensee shall provide evidence of compliance with such
federal, state and local laws and ordinances upon demand
therefor by City.
Emergency Medical Services:
Emergency Medical Services
Licensee will meet with the City
and Jointly determine minimum
medical service coverage necessary for the Event and the names
of the paramedics and times of coverage. Within a reasonable
time after Licensee is furnished with this information,
Licensee shall provide to City an emergency medical services
plan. Upon approval of the minimum level of service to be
provided, Licensee shall secure such minimum level of service
at its own expense during the Event.
Action in Public Interest: Licensee agrees that it is the
policy of City to serve the public in the best possible manner
and Licensee agrees that it, its employees and agents shall at
all times cooperate with City in effecting this policy and
maintaining the public faith.
AgreAmAnt to ~uit Premises; Damage to Premises= Licensee
agrees to quit all City property at the conclusion of the
Event and to leave all City property in the same condition as
at the commencement of the Event, ordinary wear and tear
excepted. After discussing the matter with City, Licensee
shall pay on demand to City in cash the full cost of repairing
7
20.
any claim or suit for personal injuries, property damage or
loss of profits or expenses.
Security= In addition to the normal police security provided
by the City, Licensee shall provide at its expense off-duty
City police officers and security guards employed by a private
security services business licensed by the Department of
Commerce of the State of Virginia
crowd control. At least thirty
commencement of each year's Event,
to provide security and
(30) days prior to the
Licensee shall meet with
the Roanoke City Police Department and representatives of
other City departments as appropriate to discuss and provide
the City with a written security plan which shall indicate the
number and employment category of all security personnel to be
used at the Event. The plan shall be subject to approval of
City, which approval, after consultation with Licensee, shall
not be unreasonably withheld. At such time, Licensee shall
present proof, satisfactory to the City, of the employment of
required police officers and security guards. Private
security guards shall have no authority to engage in law-
enforcement activities or perform security services off the
areas occupied by the Event. Approval of the security plan by
the City shall constitute concurrence in the minimum number of
personnel to be employed, but such concurrence will not
relieve Licensee of its primary responsibility for determining
and providing adequate security forces.
9
21. Alcoholic Beverages= Alcoholic beverages and glass containers
will not be permitted on City property during the Event with
the exception of Vlctor~ Stadium where beer and wine will be
permitted. Additionally, coolers will not be permitted at
Victory Stadium. Licensee shall take reasonable measures to
ensure that no alcoholic beverages or glass containers are
brought onto City property under Licensee's control and that
no coolers are brought into Victory Stadium. Alcoholic
beverages may be sold by Licensee in designated areas in
accordance with applicable ABC laws and regulations. The
restrictions contained in this paragraph shall be included in
the press packet prepared by Licensee.
22. Non-Discrimination= In the performance of this agreement,
Licensee shall not discriminate against any contractor,
subcontractor, sublessee, employee, applicant for employment
or invitee because of race, religion, color, sex or national
origin except where race, religion, color, sex or national
origin is a bona fide occupational qualification reasonably
necessary to the normal operation of Licensee.
23. Guarantee= During the term of this Agreement, City guarantees
Licensee the use of Victor~ Stadium for its Event, subject to
all applicable City regulations, resolutions and ordinances,
unless Victory Stadium is under construction or scheduled to
be under construction at the time of the Event. Due to the
nature of the Event, City shall give Licensee one year's
notice should Victor~ Stadium not be available for Licensee's
10
use during any year, unless such unavailability is the result
of an occurrence mentioned above or acts of God or other
events outside of City's control.
24. Concession Rights Granted Licensee: During the Event, City
grants to Licensee the exclusive concession rights for Crestar
Plaza, Key Plaza, Century Plaza, Smith Park and Elmwood Park.
The City grants to Licensee concurrent concession rights at
Victory Stadium during the Event. No concession rights are
granted to Licensee for the River's Edge Sports Complex.
25. Termination of Agreement: Either party may terminate this
Agreement upon one hundred eighty (180) days written notice to
the other party. In the event of such termination, the City
shall not be obligated to reimburse Licensee for any costs
incurred after the effective date of such termination notice.
26. Inspection by City Fire Marshall: The parties agree that the
City's fire marshall shall be permitted to inspect the
operations of Licensee and of each vendor who contracts with
Licensee to sell any product during the Event.
ATTEST: CITY OF ROANOKE, VIRGINIA
City Clerk
WITNESS:
By
Its
ROANOKE FESTIVAL IN THE PARK
Approved as to form:
Its
Assistant City Attorney
11
MARY F. PARKER
City Clerk, CMC/AA~
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S,W., Room 456
Roanoke, Virginia 2401 I
Telephone: (703) 981-2541
SANDRA H. EAKIN
Depmy City Clerk
May 21, 1993
File #58=184-429-501
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Resolution No. 31471-051793 authorizing execution of an
amendment to the City's contract with Blue Cross and Blue Shield of Virginia to
provide group hospitaiization and health insurance for certain retirees of the City
and their families, effective July 1, 1993. Resohition No. 31471-051793 was adopted
by the Council of the City of Roanoke at a regular meeting held on Monday, May 17,
1993.
Sincerely, ~~
Mary F. Parker, CMC/AAE
City Clerk
MFP: sm
Enc o
pc:
Mr. Acree Hayes, Chairperson, City of Roanoke Retirees' Association, 1510
Grayson Avenue, N. W., Roanoke, Virginia 24017
Mr. Wilburn C. Dibling, Jr., City Attorney
Mr. James D. Grisso, Acting Director of Finance
Ms. Corinne B. Gott, Acting Director, Human Development
Mr. Kenneth S. Cronin, Personnel Manager
Mr. Barry L. Key, Manager, Office of Management and Budget
IN THE COUNCIL OF THE CITY OF ROANOKE,
The 17th day of May, 1993.
No. 31471-051793.
VIRGINIA,
A RESOLUTION authorizing execution of an amendment to the
City's contract with Blue Cross and Blue Shield of Virginia to
provide group hospitalization and health insurance for certain
retirees of the City and their families effective July 1, 1993.
BE
follows:
1.
IT RESOLVED by the Council of the City of Roanoke as
The City Manager is hereby authorized, for and on behalf
of the City, to execute an amendment to the City's current contract
with Blue Cross and Blue Shield of Virginia for group
hospitalization and health insurance, such amendment to provide for
extension of such coverage to certain retirees of the City on and
after July 1, 1993.
2. On and after July 1, 1993, group hospitalization and
health insurance coverage shall be extended to:
(a) present or future retirees of the
City with at least fifteen (15)
years of continuous employment with
the City; and
(b) present or future retirees of the
City with less than fifteen (15)
years of continuous employment who
retired due to line of duty
injuries.
3. Retiree coverage shall be at the retiree's expense.
Coverage shall also extend to the family of the retiree, at the
retiree's expense. Ail coverage shall terminate when the retiree
attains sixty-five (65) years of age.
4. The amendment to the City's contract with Blue Cross and
Blue Shield of Virginia authorized by this resolution shall be
consistent with the report of the City Manager to City Council,
dated May 17, 1993, and the attachments thereto.
5. Such amendment and any other necessary and appropriate
documents shall be in form approved by the City Attorney.
6. This Resolution shall be in full force and effect on and
after July 1, 1993.
ATTEST:
City Clerk.
'P3 MAY 13
~onorable Mayor an~ City Council
Roanoke, Virginia
Dear Members of Council:
~u~k~ECT: ~ETIREE RRALTHCARE
/ 11:1 ?
May 17,
1993
I. BACKGROIIND
The City of Roanoke provided an independent group health
insurance program for retirees until 1980. The program was
terminated because a retiree could obtain an individual
policy from the same health insurance carrier with a less
expensive monthly premium.
Bt
The city of Roanoke has considered providing retiree health
care since 1980, most recently in 1991.
Reasons for not providina retiree health care until now,
were based on cost. Specifically, the City's current health
care provider has required an employer contribution of at
least 50% of the subscriber only rate, plus the requirement
that retiree health care claims be "blended" with the
experience of active employees. This blending has the
impact of potentially raising rates for active employees.
D. During the 1993 Session of the Virginia General Assembly, a
law was passed effective July 1, 1993, that requires local
governments to provide health care coverage for the
following:
o
o
o
o
o
o
o
Present retirees under age 65 with 15 or more years of
continuous service;
Future retirees under age 65 with 15 or more years of
continuous service;
Existing and future retirees who retire due to line-of-
duty injuries;
Coverage is required to age 65 only;
Coverage is required for the retiree only (not for
spouse and/or family);
Cost of coverage is retiree's responsibility;
Premium may be determined by rating retirees
separately.
II. ~ SITUATION
ae
Initiatives being considered by the Clinton Administration
regarding the provision of health care may, in the future,
impact the type of health insurance provided as well as who
is responsible for paying the cost for such coverage.
Honorable Mayor and city Council
Page 2
The City's health care provider, Blue Cross and Blue Shield
of Virginia, has agreed to cover this group of current and
future retirees without an employer contribution, but only
if the liability related to retiree health care claims is
blended with active employees.
The effect of blending health care utilization between
active employees and retirees, while not raising current
year rates for city employees, will likely have the impact
of raising future rates, possibly as early as January 1,
1994. This constitutes an unfunded mandate from the General
Assembly.
Health Care Benefits Committee was advised of this proposed
change to the City's health care contract and were in favor
of the approach being considered.
Ee
Eligible retirees will be advised
will be given the opportunity to
1, 1993 effective date.
of the approved plan and
sign up prior to the July
III. ISSueS
A. Coverage.
B. Cost.
C. Leqal.
IV. ALTERNATIVES
ae
Council approve the amendment to the Blue Cross and Blue
Shield of Virginia contract for a period of six months
beginning July 1, 1993 and ending December 31, 1993 for the
purpose of offering group health care coverage to retirees
and their families as defined in I.D. above. The cost for
this coverage will be paid for by the retiree; however, the
city's health care plan will absorb the risk, should
established premium rates be insufficient to cover services
provided.
Coverage provides for the same benefits as active City
employees with differences in annual deductibles,
percentage payment levels and out-of-pocket maximums.
A comparison between the recommended retiree plan and
active employee plan is included in Attachment A.
Retirees who as of July 1, 1993 are not covered by the
City's COBRA benefit, will be required to serve a 12
month waiting period for pre-existing conditions. This
waiting period stipulation is currently in effect for
all employees who begin City health care coverage.
Honorable Mayor and city Council
Page 3
2. Cost
Monthly premium rates for this coverage are as
follows:
Retiree
Retiree + One Minor
Retiree + Family
$343.00
$425.00
$75O.0O
be
Potential increased liability to the city's health
care plan, assuming monthly rates will not cover
utilization, is $138,000 for six months.
Monthly premium rates for active employees
effective July 1, 1993 are included in Attachment
B.
Leqal
This alternative provides for a health care plan in
excess of the requirements specified in § 15.1-7.3 of
the Code of Virainia passed during the 1993 session of
the Virginia General Assembly.
Council approve the amendment to the Blue Cross and Blue
Shield of Virginia contract for a period of six months
beginning July 1, 1993 and ending December 31, 1993 for the
purpose of providing health care coverage to retirees only
as defined in I.D. above. The cost for this coverage will
be paid by the retiree; however, the City's health care plan
will absorb the risk, should established premium rate be
insufficient to cover services provided.
Coveraqe provides for the same benefits as active City
employees with differences in annual deductibles,
percentage payment levels and out-of-pocket maximums.
The alternative, however, is provided to the retiree
only without an option for dependent or family
coverage. A comparison between the recommended retiree
plan and active employee plan is included in Attachment
A.
Retirees who as of July 1, 1993 are not covered by the
City's COBRA benefit, will be required to serve a 12
month waiting period for pre-existing conditions. This
waiting period stipulation is currently in effect for
all employees who begin city health care coverage.
2. Cost
a. Monthly premium rates for retirees are as follows:
Retiree $343.00
Honorable Mayor and City Council
Page 4
Ve
be
Potential increased liability to the city's health
care plan, assuming that monthly rates will not
cover utilization, is up to $84,000 for six
months.
Monthly premium rates for active
effective July 1, 1993 are included in
B.
emDloyees
Attachment
Leqal
This alternative provides for a health care plan in
excess of the requirements specified in § 15.1-7.3 of
the Code of Virginia passed during the 1993 session of
the Virginia General Assembly.
~ECOM~ENDATION
Council approve amendment of the contract for Health Care
Insurance to Blue Cross and Blue Shield of Virginia for six
months beginning July 1, 1993 for coverage and rates for
retiree health care described in Alternative A above.
WRH:jh
Attachments
cc: James Grisso,
Doris Peters,
~Respectfully submitted,
W.~Robert Herbert
city Manager
Acting Finance Director
Retirement Administrator
Lifetime Maximum
Individual Calendar Year Deductible
Family Calendar Year Deductible
(a~3~egate)
Payment Level
Individual Out-of-Pocket Maximum
Family Out-of-Pocket Maximum
(a,~egate)
Ir~atient Mental Health Care/
Outpatient Mental Health Care
Outt~atient Treatment of
Accidental Injuries
Outpatient Surgery
Second Surgical opinion
(Volmntary)
(~iropractic Services
Prescription Drugs
Managed Care
Active E~lovee
$1,000,000
$10o
$200
8o%
$75o
$1,500
30 days per calendar year
50% payment up to $1,000
per calendar year
100% payment of first
$300 per cale~ year;
then 80% afte~ calem~
y~a~ deductible
90% payment (deductible
applies)
$30 (applies to all
Emergency Room visits
unless admitted directly
frc~ the Emergency Rock)
80% (deductible applies)
80%; $500 ~ per
caler~r year for spinal
manipulations
80% (deductible applies)
(thru end of calepdar
year in which child turns
five)
80% (deductible applies)
Birth Control Pills and
Nicorettes incl~ted
Re~red; $250penalty
for circumvention of
reviews
$300
$600
75%
$3o00
$6o00
100% payment of first
$300 per calePdar year;
then 75% after caleDd~r
year deductible
75% (deductible applies)
75%; $500 maximum per
calex~v year for spinal
manipulations
75% (deductible applies)
(thru end of calendar
year in which child
turns five)
75% (deductible applies)
Birth Control Pills and
Nicorettes included
A'I'WACItNI~iW B
IiKALTH CARE RATES EFFECTIVE JULY 1, 1993
SUBSCRIBER ONLY
SUBSCRIBER + MINOR
FAMILY
MONTHLY RATES
~OTAL CITY ~AYS EMPLOYEE PAYS
$205.36 $185.00 $ 20.36
295.76 185.00 110.76
480.62 185.00 295.62
MARY F, PARKF~
City Clerk, CMC/,~
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (70:~) 981-2541
SANDRA H. EAKIN
Deputy City Clerk
May 21, 1993
File #514
Mr. Raphael E. Ferris, President
22 Luck Avenue, Inc.
22 Luck Avenue, S. W.
Roanoke, Virginia 24011
Dear Mr. Ferris:
I am enclosing copy of Ordinance No. 31441-051793 permanently vacating,
discontinuing and closing a 10 foot wide alley located between 16 Luck Avenue and
22 Luck Avenue, S. W., described as Lot 8, Official Tax No. 1012707 and Lot 7,
Official Tax No. 1012706, extending from Luck Avenue to the rear eornere of Lots 7
and 8 for a distance of 57.7 feet. Ordinance No. 31441-051793 was adopted by the
Council of the City of Roanoke on first reading on Monday, May 10, 1993, also
adopted by the Council on second reading on Monday, May 17, 1993, and will take
effect ten days following the date of its second reading.
Sincerely, ~ek.~./~_~__
Mary F. Parker, CMC/AAE
City Clerk
MFP: sm
gnc.
pc:
Grand Piano & Furniture Company, P. O. Box 12528, Roanoke, Virginia 24026
Woods, Rogers and Hazlegrove, P. O. Box 14125, Roanoke, Virginia 24004
CIS Associates, 25 Franklin Road, S. W., Roanoke, Virginia 24011
Panther Brothers Unlimited, 23 Franklin Road, S.W. Roanoke, Virginia
24011 '
Mr. William J. Lemon, 160 27th Street, S. E., Roanoke, Virginia 24014
SJD Investment Company, P. O. Box 13206, Roanoke, Virginia 24032
Mr. John R. Hildebrand, 630 Dogwood Lane, Salem, Virginia 24153
Ms. Mary R. Waynick, 306 First Street, S. W., Roanoke, Virginia 24011
New Sidney's, Inc., P. O. Box 2740, Roanoke, Virginia 24001
Mr. Raphael E. Ferris, President
May 21, 1993
Page 2
pc:
Mr. W. Robert Herbert, City Manager
Mr. Wilburn C. Dibling, Jr., City Attorney
Mr. Steven J. Talevi, Assistant City Attorney
Mr. Willard N. Claytor, Director of Real Estate Valuation
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, Buliding Commissioner/Zoning
Administrator
Mr. John R. Marlles, Agent, City Planning Commission
Ms. Evelyn D. Dorsey, Acting Assistant Zoning Administrator
IN T}{E COUNCIL OF THE CITY OF ROANOKE,
The 17th day of May, 1993.
No. 31441-051793.
VIRGINIA,
AN ORDINANCE permanently vacating, discontinuing and closing
a certain public right-of-way in the City of Roanoke, Virginia, as
are more particularly described hereinafter.
WHEREAS, 22 Luck Avenue, Inc., filed an amended application to
the Council of the City of Roanoke, Virginia, in accordance with
law, requesting the Council to permanently vacate, discontinue and
close the public right-of-way described as that portion of a 10'
alley located between properties identified as Lot 8 and 7, bearing
Official Tax Nos. 1012707 and 1012706, respectively, as it runs
from Luck Avenue toward the rear corners of Lots 7 and 8 for a
distance of 57.7 feet; and
WHEREAS, the City Planning Commission, which after giving
proper notice to all concerned as required by S30-14, Code of the
City of Roanoke (1979), as amended,
public hearing on the matter, has
Council; and
and after having conducted a
made its recommendation to
WHEREAS, a public hearing was held on said amended application
by the City Council on May 10, 1993, after due and timely notice
thereof as required by S30-14, Code of the City of Roanoke (1979),
as amended, at which hearing all parties in interest and citizens
were afforded an opportunity to be heard on said amended
application; and
WHEREAS, it appearing from the foregoing that the land
proprietors affected by the requested closing of the subject public
right-of-way have been properly notified; and
WHEREAS, from all of the foregoing, the Council considers that
no inconvenience will result to any individual or to the public
from permanently vacating, discontinuing and closing said public
right-of-way.
THEREFORE, BE IT ORDAINED by the Council of the City of
Roanoke, Virginia, that the public right-of-way situate in the City
of Roanoke, Virginia, and more particularly described as follows:
That portion of a 10' alley located between properties
identified as Lot 8 and Lot 7, bearing Official Tax Nos.
1012707 and 1012706, respectively, as it runs from Luck
Avenue toward the rear corners of Lots 7 and 8 for a
distance of 57.7 feet,
be, and hereby is, permanently
and that all right and interest
vacated, discontinued and closed,
of the public in and to the same
be, and hereby is, released insofar as the Council of the City of
Roanoke is empowered so to do with respect to the closed portion of
the right-of-way, reserving however, to the City of Roanoke and any
public utility, including, specifically, without limitation,
providers to or for the public of cable television, electricity,
natural gas or telephone service, an easement for sewer and water
mains, television cable, electric wires, gas lines, telephone
lines, and related facilities that may now be located in or across
said public rights-of-way, together with the right of ingress and
egress for the maintenance or replacement of such lines, mains or
utilities, such right to include the right to remove, without the
payment of compensation or damages of any kind to the owner, any
landscaping, fences, shrubbery, structure or any other
encroachments on or over the easement which impede access for
maintenance or replacement purposes at the time such work is
undertaken; such easement or easements to terminate upon the later
abandonment of use or permanen~ removal from the above-described
public right-of-way of any such municipal installation or other
utility or facility by the owner thereof.
BE IT FURTHER ORDAINED that the closure of the above-described
right-of-way is conditioned upon applicant's submitting to the
City, receiving approval of, and recording a subdivision plat,
providing for the disposition of the land within the vacated right-
of-way, as provided by law, and providing for all necessary
easements for utilities, both public and private; and eliminating
subject alley's existing access into Luck Avenue by installing City
standard curbing and any necessary sidewalk in its place; and in
the event these conditions have not been met and the said plat has
not been recorded in the Office of the Clerk of Circuit Court
within twelve (12) months from the effective date of this
ordinance, this ordinance shall become null and void with no
further action by City Council being necessary.
BE IT FURTHER ORDAINED that the City Engineer be, and he is,
directed to mark "permanently vacated" on said public right-of-way
on all maps and plats on file in his office on which said right-of-
way is shown, referring to the book and page of ordinances and
resolutions of the Council of the City of Roanoke, Virginia,
3
wherein this ordinance shall be spread.
BE IT FURTHER ORDAINED that the Clerk of the Council deliver
to the Clerk of the Circuit Court of the City of Roanoke, Virginia,
a certified copy of this ordinance for recordation in the Deed
Books of said Clerk's Office, indexing the same in the name of the
City of Roanoke, Virginia, as ~rantor, and in the name of 22 Luck
Avenue, Inc., and the names of any other parties in interest who
may so request, as Grantees.
ATTEST:
City Clerk.
4
' NO
:39
Office of Community Plonning
May 10, 1993
The Honorable David A. Bowers, Mayor
and Members of City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of City Council:
Subject:
Amended application from 22 Luck Avenue, Inc.,
represented by Raphael E. Ferris, that a 57.7 foot
section of a certain ten foot wide alley, located
between properties identified as Lot 8 (Official
Tax No. 1012707) and Lot 7 (Official Tax No.
1012706) be permanently vacated, discontinued and
closed.
I. Back,round:
ae
Alle section, as initially requested for closure is 10
feet in width and extends in a southerly direction from
Luck avenue, S.W., for a distance of 77.7 feet, to an
intersection with another public alley that runs in an
east/west alignment (see attached MAP A).
Intersection of the subject 10 foot wide alley with the
connecting 10 foot wide east/west alley is very narrow,
restricting to some degree, the normal turning movements
of vehicular traffic.
Ce
Buildinq at 22 Luck Avenue, S.W., is encroaching upon the
alley right-of-way for a minimal distance of 0.12 feet
(see survey attached to this application).
D. Alley section is paved and open to public use.
City Code in section 31-4, defines a public alley as "a
public way which affords a secondary means of access to
abutting property.', Inspection of the subject alley
indicates that it is a habitual gathering place for
people who have no interest in the adjoining properties.
Room 355 Municipal Building 215 Church Avenue, SW Roanoke, Virginia 24011 (703) 981-2344
II. Current Situation:
Page 2
ADDlication to permanently vacate, discontinue and close
the above-cited 77.7 feet of public alley was received on
March 17, 1993.
Fire~artment is not opposed to the closure and
barricading or gating of this alley section. Fire
Department will require that a side door entrance from 22
Luck Avenue, $.W., into the alley, be retained and
provided with an unobstructed access to the public street
(see attached Map B).
Police Department supports the proposal to close, vacate
or block this alley section as a means of eliminating the
use of the area by persons who have no interest in or
relationship with the abutting and adjoining properties.
Survey of many of the businesses abutting this alley
system indicates that while some of the businesses use
the east/west alley system for loading purposes, none of
the businesses surveyed needed or used the alley section
requested for closure. None of the businesses surveyed
expressed any concerns or opposition to the proposed
closure.
III. Issues:
A. Public safety.
B. Impact on the adjacent business community.
C. Impact on traffic.
D. Utilities within the riqht-of-way.
E. Creation of a dead-end alley.
F. Relationship to the comprehensive plan.
IV. Alternatives:
Approve the amended application to permanently vacate,
discontinue and close a 57.7 foot section of the subject
alley, subject to certain conditions as outlined in
Section V. of this report.
1. Public safety:
Fire Department response indicates that
closure and vacation of the subject alley will
not hinder or impede fire suppression services
Page 3
in the area, provided that unobstructed access
to Luck Avenue is retained for an existing
side door entrance that opens into the alley.
Any gate or fence to be installed shall be
erected in a manner that does not block this
access.
Police Department (Patrol division) response
indicates that closure of the subject alley
will improve public safety in the area by
eliminating this shielded and secluded alley
that is currently being used by persons who
have no interest in or relationship with the
abutting and adjoining properties·
Impact on the adjacent business community.
22 Luck Avenue, Inc., has invested
approximately $320,000 in the purchase and
renovation of the building at 22 Luck Avenue,
$.W. The property is to be used for law
offices and will be occupied by six attorneys
and a clerical staff of nine. Ten of these
individuals are women who will be working and
occupying the premises during daylight and
evening hours.
Vacation, closure and blocking of the abutting
alley will provide an additional margin of
safety for the new occupants of 22 Luck
Avenue, S.W., as well as other business
employees in the immediate area.
Impact on traffic. Closure of the subject alley
will not adversely affect traffic or traffic needs
in the area.
Utilities within the riqht-of-way.
a. City has utilities within the right-of-way.
C & P Telephone Co., has utilities within the
right-of-way.
Easements will be retained for all existing
utilities.
Creation of a dead-end alley.
Closure of the entire alley section as
initially requested by the applicant would
Page 4
result in the adjacent east/west alley
becoming a dead-end right-of-way.
Closure of a 57.7 foot section of the alley as
requested in the amended application will
allow the barricading, gating or fencing of
the alley at both ends and will still retain
an area sufficient to provide for vehicular
turnaround movements into the east/west alley
system.
6. Relationship to the comprehensive plan.
Alley right-of-way is not being used for its
intended purpose; i.e., as a secondary means
of access for abutting properties. Alley is
currently viewed by many of the adjacent
businesses as a public nuisance.
Closure of 57.7 feet of the subject alley as
recommended would be consistent with the
intent of the comprehensive plan that
available land be used in the most appropriate
manner.
Deny the applicant's amended application to close a 57.7
foot portion of the subject alley.
1. Public safety.
Alley area will continue to be used by persons
who have no interest in or relationship with
the abutting and adjoining properties.
Public safety needs will not be addressed.
Applicant's efforts to renovate and improve
the immediate area will be undermined by this
existing aesthetic and safety problem.
2. Impact on the adjacent business community.
ae
Undesirable activities occurring within this
alley section will continue.
Continued use of the alley for idle purposes
other than that of providing access to the
abutting and adjoining properties will
continue to have a negative effect on the
immediate business community.
3. Impact on traffic. Traffic will not be affected.
Ve
Page 5
e
Utilities within the riqht-of-way. Utilities will
not be affected.
5. Creation of a dead-end alley will not be an issue.
Relationship to the comprehensive plan. Alley will
remain open for use. City will continue to
maintain the alley for uses that are detrimental to
the abutting business enterprises. Intent of the
comprehensive plan will not be followed.
Recommendation:
Planning Commission by a vote of 7-0 recommends that City
Council approve alternative "A" thereby approving the
applicant's amended application to close, discontinue and
permanently vacate a 57.7 foot section of the subject alley
subject to the following conditions:
The applicant shall submit to the City for its approval
a subdivision plat and upon the City's approval shall
record such plat in the Office of the Clerk of Circuit
Court, with said plat providing for the following:
Combination of the land within the vacated right-
of-way with all appropriate abutting properties.
2. Retention of all necessary easements.
Ce
Applicant shall install suitable barricades, fences, or
gates at the alley's approximate intersection with Luck
Avenue, S.W., in a manner that will not block or impede
access from the existing side door entrance (into alley)
from 22 Luck Avenue to the public street, and at the
terminus of the closure abutting the proposed alley
turnaround area. The barricade, fence or gate to be
installed adjacent to Luck Avenue, S.W., shall be
compatible with the existing building exteriors and
streetscape and as approved by the Agent to the Planning
Commission.
The applicant shall comply with, and provide for, the
above conditions within a period of twelve (12) months
from the date of any ordinance providing for the
permanent vacation, discontinuance and closure of the
alley area described in the applicant's amended
application. If the above conditions have not been met
Page 6
within the specified time period, the ordinance providing
for said closure shall become null and void with no
further action by City Council being necessary.
Respectfully submitted,
Charles A. Price, Jr., Chairman
Roanoke City Planning Commission
CAP:ERT:mpf
attachments
cc: Assistant City Attorney
Director of Public Works
City Engineer
Building Commissioner/Zoning Administrator
Attorney for the Petitioner
MARY F. PARKER
City Clerk, CMC/AAE
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Vir~aia 2~,011
Telephone: (?0S) 981-2541
SANDRA H. EAKIN
Deputy City Clerk
April 20, 1993
File #514
Mr. Charles A. Price, Jr., Chairperson
City Planning Commission
Roanoke, Virginia
Dear Mr. Price:
Pursuant to Section 30-14, Procedure for altering or vacating City streets or alleys;
fees therefor, of the Code of the City of Roanoke (1979), as amended, I am enclosing
copy of an amended application from Raphael E. Ferris, President, 29. Luck Avenue,
Inc., requesting that a 10 foot wide alley located between 16 Luck Avenue and 22
Luck Avenue, S. W., described as Lot 7, Official Tax No. 1012706 and Lot 8, Official
Tax No. 1012707, continuing 57.7 feet to a point 20 feet from the rear corners of Lots
7 and 8, be permanently vacated, discontinued and closed.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
a/luck
Eno o
pc:
The Honorable Mayor and Members of the Roanoke City Council
Mr. John R. Marlies, Agent, City Planning Commission
Mr. Ronald H. Miller, Building Commissioner/Zoning Administrator
Mr. Steven J. Talevi, Assistant City Attorney
Mr. Raphael E. Ferris, President, 22 Luck Avenue, Inc., 22 Luck Avenue,
S. W., Roanoke, Virginia 24011
IN RE:
IN THE COUNCIL OF THE CITY ~)~ R~(~ ~, INIA
Application of
22 LUCK AVE., INC.
for vacation of alley located between
16 Luck Avenue SW and 22 Luck Avenue SW,
Roanoke City, Virginia
AMENDED APPLICATION FOR
VACATING, DISCONTINUING AND
CLOSING OF ALLEY
MEMBERS OF COUNSEL:
22 LUCK AVE., INC. applies to have the alley located between 16 Luck Avenue SW
(Tax Map Number 1012707) and 22 Luck Avenue SW, (Tax Map Number 1012706), in
the Gity of Roanoke, Virginia, permanently vacated, discontinued and closed, pursuant to
Virginia Gode Section 15.1-364 and Section 30-14, Gode of the City of Roanoke (1979),
as amended. This alley is more particularly described on the map attached and as follows:
Ten (10) foot wide alley, located between properties identified
as Lot 8 (Tax Map Number 1012707) and Lot 7 (Tax Map
Number 1012706), to be closed from Luck Avenue, continuing
57.7 feet to a point twenty feet from the rear comers of Lots
7 and 8.
22 LUCK AVE., INC., your Petitioner, states that the grounds for this application are
as follows:
1. All landowners whose property adjoins the property to be vacated have been
notified and are in agreement with this application.
2. The property to be vacated is presently not in use.
3. The petitioner desires to have the property vacated for security and aesthetic
purposes.
4. Vacating, discontinuing and closing the alley would add the property to the
Gity's tax roles and create real estate tax revenue.
WHEREFORE, 22 LUCK AVE., INC. respectfully requests that the above
described alley be vacated by the Gouncil of the City of Roanoke, Virginia, in accordance
with Section 15.1-364 of the Gode of Virginia, (1950) as amended, and Section 30-14 of
the Code of the Gity of Roanoke (1979), as amended.
Respectfully submitted,
22 LUCK AFE., INC.
22 Luck Avenue, SW
Roanoke, Virginia 24011
Raphael E. Ferris, President
Lenden ,4. Eakin, Secretary
Apfil19,1993
Mary F. Parker, City Clerk
City of Roanoke
456 Municipal Building
Roanoke, Virginia 24011
RE: 22 Luck Ave., Inc.
Petition to Vacate, Discontinue and Close Alley
Dear Ms. Parker:
Please f'md enclosed the original and one copy of 22 Luck Ave., Inc.'s amended
petition to close the alley located at 22 Luck Avenue, Roanoke.
Thank you for your assistance and cooperation. If you have any questions or need
additional information, please do not hesitate to contact me.
Yours truly,
22 I~UCK AVE., INC.
REF/pap
Enclosures
IN RE:
IN THE COUNCIL ~1~ T~I~ ~JfI'Y~F.~.~OANOKE, VIRGINIA
Application of
22 LUCK AVE., INC.
for vacation of alley located between
16 Luck Avenue SW and 22 Luck Avenue SW,
Roanoke City, Virginia
MEMBERS OF-COUNSEL:
AMENDED APPLICATION FOR
VACATING, DISCONTINUING AND
CLOSING OF ALLEY
22 LUCK AVE., INC. applies to have the alley located between 16 Luck Avenue SW
(Tax Map Number 1012707) and 22 Luck Avenue SW, (Tax Map Number 1012706), in
the City of Roanoke, Virginia, permanently vacated, discontinued and closed, pursuant to
Virginia Code Section 15.1-364 and Section 30-14, Code of the City of Roanoke (1979),
as amended. This alley is more particularly described on the map attached and as follows:
Ten (10) foot wide alley, located between properties identified
as Lot 8 (Tax Map Number 1012707) and Lot 7 (Tax Map
Number 1012706), to be closed from Luck Avenue, continuing
57.7 feet to a point twenty feet from the rear comers of Lots
7 and 8.
22 LUCK AVE., INC., your Petitioner, states that the grounds for this application are
as follows:
1. All landowners whose property adjoins the property to be vacated have been
notified and are in agreement with this application.
2. The property to be vacated is presently not in use.
3. The petitioner desires to have the propert~ vacated for security and aesthetic
purposes.
4. Vacating, discontinuing and closing the alley would add the property to the
City's tax roles and create real estate tax revenue.
WHEREFORE, 22 LUCK AVE., INC. respectfiflly requests that the above
described alley be vacated by the Council of the City of Roanoke, Virginia, in accordance
with Section 15.1-364 of the Code of Virginia, (1950) as amended, and Section 30-14 of
the Code of the City of Roanoke (1979), as amended.
Respectfully submitted,
22 LUCK ~VE., [NC.
/ ~
IN RE:
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
'93 '~': 17
Application of
22 LUCK AVE., INC.
for vacation of alley located between
16 Luck Avenue SW and 22 Luck Avenue SW,
Roanoke City, Virginia
APPLICATION FOR
VACATING, DISCONTINUING AND
CLOSING OF ALLEY
MEMBERS OF COUNSEL:
22 LUCK AVE., INC. applies to have the alley located between 16 Luck Avenue SW
(Tax Map Number 1012707) and 22 Luck Avenue SW, (Tax Map Number 1012706), in
the City of Roanoke, Virginia, permanently vacated, discontinued and closed, pursuant to
Virginia Code Section 15.1-364 and Section 30-14, Code of the City of Roanoke (1979),
as amended. This alley is more particularly described on the map attached and as follows:
Ten (10) foot wide alley, located between properties identified
as Lot 8 (Tax Map Number 1012707) and Lot 7 (Tax Map
Number 1012706), to be closed from Luck Avenue to the rear
comers of Lots 7 and 8.
22 LUCK AVE., INC., your Petitioner, states that the grounds for this application are
as follows:
1. All landowners whose property adjoins the property to be vacated have been
notified and are expected to be in agreement with this application.
3.
purposes.
4.
The property to be vacated is presently not in use.
The petitioner desires to have the property vacated for security and aesthetic
Vacating, discontinuing and closing the alley would add the property to the
Civfs tax roles and create real estate tax revenue.
WHEREFORE, 22 LUCK AVE., INC. respectfully requests that the above
described alley be vacated by the Council of the City of Roanoke, Virginia, in accordance
with Section 15.1-364 of the Code of Virginia, (1950) as amended, and Section 30-14 of
the Gode of the Gity of Roanoke (1979), as amended.
Respectfully submitted,
22 LUCK AVE., INC.
ate
ATI'ACHMENT TO PETITION
OF 22 LUCK AVE., INC.
Adjoining Landowners:
New Sydney~s Inc.
c/o Frank Rogers, Jr., Esq.
Woods, Rogers & Hazlegrove
P.O. Box 14125
Roanoke, Virginia 24038
~. T~IS P~OPEET~ ZS NOT'LOCATED
~ITHIN THE L~ITS OF A 100 Y~
SNSPE~ON OF ~ ~D ~NS~CE
~TE ~ ~ ~S N~ BE~
V~R~FZ~ BY A~ FI~D ~ATZONS.
~D ZONE "C"
2. ~[5 S~V~ ~ ~ ~I~OUT
TH~ B~EF~T OF h ~ T~E
~ORT ~ ~ ~Y ~IST
D~ TQ_~C~T~ ~VERT~S~G
P~ ~00.
PLAT SHOWING PROPERTY
OF
LUCK AVE., INC.
BEING LOT 7, BLOCK 3
ROANOKE CITY OFFICIAL SURVEY S.W. 2
ROANOKE, VIRGINIA
~ALE:~"= 20' DATE: 20 OCTOBER 1992
I,.UMSDIN A~O~IAI'~t P. C:.
f
,,I)ROPOS El).
-- '---; ..... : ZONING MAP
-
CITY OF ROANOKE VA.
SHEET ~ !01
OFFICE CF THE CITY ['N61NEER
RFV;$IONS
MAP A
To 1st Street, S.W.
22 Luck Inc.
Side Ent~'ance
Proposed Turnaround
// 77.7' ·
10' Alley
Allright
Parking
57.7'
Sidney's
To Jefferson Street, S.W.
MAP B
/V
SEWER MAP
CITY OF ROANOKE ~VA. .
SHEET NO. ~
OFFICE OF THE C;TY ENGINEER
NUMBER - 42102449
PUBLISHER*S FEE - ~96.20
RAPHAEL E FERRIS, ATTY
S W VA SAVINGS LOAN BLDG
P 0 BOX 1791
ROANOKE VA 24008 1791
'93 HAYIO A10:32
STATE OF VIRGINIA
CITY OF ROANOKE
AFFIDAVIT OF PUBLICATION
I, (THE UNDERSIGNED) AN AUTHORIZED
REPRESENTATIVE OF THE TIMES-WORLD COR-
PORATION, WHICH CORPORATION IS PUBLISHER
OF THE ROANOKE TIMES 6 WORLD-NEWS, A
DAILY NEWSPAPER PUBLISHED IN ROANOKE, IN
TME STATE OF VIRGINIA, DO CERTIFY THAT
THE ANNEXED NOTICE WAS PUBLISHED IN SAID
NEWSPAPERS ON THE FOLLOWING OATES
04/23/93 MORNING
04/30/93 MORNING
WITNESS,
THIS 1ST DAY OF MAY 1993
~'-~'~ ~ · z'~ ,,.,,/' ,., ,
NOTICE OF PUBLIC HEARING
TO WHOM IT MAY CONCERN:
The Council of the City of Roanoke will hold a Public Hearing
on Monday, May 10, 1993, 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., on an application to permanently
abandon, vacate, discontinue and close the following public right-
of-way:
A 10' wide alley located between properties identified as
Lot 8 and Lot 7, bearing Official Tax Nos. 1012707 and
1012706, respectively, as it runs from Luck Avenue to the
rear corners of Lots 7 and 8.
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 21st day of April , 1993.
Mary F. Parker, City Clerk.
Please publish in full twice, once on Friday, April 23, 1993, and once on
Friday, April 30, 1993, in the Roanoke Times and World-News.
Send publisher's affidavit to:
Mary F. Parker, City Clerk
Room 456, Municipal Building
215 Church Avenue, S. W.
Roanoke, Virginia 24011-1536
Send bill to:
Mr. Raphael E. Ferris, President
Rider, Thomas, Cleaveland, Ferris &
Eakin, PC
SW VA Savings and Loan Building
Roanoke, Virginia 24011
MARY F. PAI~lCI~
City Clerk, CMC/AAE
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
21~ Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703) 981
April 22, 1993
SANDRA H. EAKIN
Deputy City Clerk
File #514
Mr. Raphael E. Ferris, President
22 Luck Avenue, Inc.
22 Luck Avenue, S. W.
Roanoke, Virginia 24011
Dear Mr. Ferris:
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 will be held on
Monday, May 10, 1993, at 7:30 p.m., or as soon thereafter as the matter may be
heard, in the City Council Chamber, fourth floor of the Municipal Building, 215
Church Avenue, S. W., on your request that a 10 foot wide alley located between 16
Luck Avenue and 22 Luck Avenue, S. W., described as Lot 8, Official Tax No.
1012707 and Lot 7, Official Tax No. 1012706, as it runs from Luck Avenue to the rear
corners of Lots 7 and 8, be permanently vacated, discontinued and closed.
For your information, I am enclosing copy of a notice of the public hearing providing
for the closure, which notice was prepared by the City Attorney's Office. Please
review the document and ff you have questions, you may contact Mr. Steven J.
Talevi, Assistant City Attorney, at 981-2431. Questions with regard to the City
Planning Commission report should be directed to Mr. John R. Marlles, Chief of
Community Planning, at 981-2344.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: sm
May
Enc.
Mr. Raphael E. Ferris, President
April 22, 1993
Page 2
pc:
Grand Piano & Furniture Company, P. O. Box 12528, Roanoke, Virginia 24026
Woods, Rogers and Hazlegrove, P. O. Box 14125, Roanoke, Virginia 24004
CIS Associates, 25 Franklin Road, S. W., Roanoke, Virginia 24011
Panther Brothers Unlimited, 23 Franklin Road, S. W., Roanoke, Virginia
24011
Mr. William J. Lemon, 160 27th Street, S. E., Roanoke, Virginia 24014
SJD Investment Company, P. O. Box 13206, Roanoke, Virginia 24032
Mr. John R. Hildebrand, 630 Dogwood Lane, Salem, Virginia 24153
Ms. Mary R. Waynick, 306 First Street, S. W., Roanoke, Virginia 24011
New Sidney's, Inc., P. O. Box 2740, Roanoke, Virginia 24001
TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA
PERTAINING TO THE ALLEY CLOSURE REQUEST OF193 ~I~ 29
Request from 22 Luck Avenue, Inc., represented by )
Raphael E. Ferris, that a 10 foot wide alley, )AFFIDAVIT
located between properties identified as Lots 7 )
and 8, to the rear of the corners of Lots 7 and )
8, be permanently vacated, discontinued and closed.)
COMMONWEALTH OF VIRGINIA )
)
CITY OF ROANOKE )
TO-WIT:
The affiant, Martha Pace Franklin, first being duly sworn,
states that she is Secretary of the City of Roanoke Planning
Commission,
own personal knowledge.
provisions of Section
amended, on behalf of
and as such is competent to make this affidavit of her
Affidavit states that, pursuant to the
15.1-341, Code of Virginia, (1950), as
the Planning Commission of the city of
Roanoke, she has sent by first-class mail on the 29th day of March,
1993, notices of a public hearing to be held on the 7th day of
April, 1993, on the alley closure captioned above to the owner or
agent of the parcels listed below at their last known address:
Parcel Owner, Aqent or OccuDant Address
1012719 Grand Piano & Furniture Co. P.O. Box 12528
Roanoke VA 24026
1012708 Woods, Rogers & Hazlegrove P. 0. Box 14125
Roanoke VA 24004
1012711 CIS Associates 25 Franklin Road
Roanoke VA 24011
1012712 Panther Brothers Unlimited 23 Franklin Road
Roanoke VA 24011
1012713 William J. Lemon 160 27th Street, SE
Roanoke VA 24014
1012714 SJD Investment Co. P.O. Box 13206
Roanoke VA 24032
1012702 John R. Hildebrand 630 Dogwood Lane
Salem, VA 24153
1012703 Mary R. Waynick 306 1st Street, SW
1012704 Roanoke, VA 24011
1012707 New Sidney's Inc. P.O. Box 2740
Roanoke, VA 24001
Mar~t ~e~ Fr~an k~l in~~
SUBSCRIBED AND SWORN to before me, a Notary Public,
the City of Roanoke, Virginia, this 29th day of March, 1993.
Notary Public
My Commission Expires:
in
NOTICE OF PUBLIC HEARING BEFORE THE ROANOKE CITY PLANNING
COMMISSION
TO WHOM IT MAY CONCERN:
The Roanoke City Planning Commission will bold a public hearing on Wednesday, April
7, 1993, 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 22 Luck Avenue, Inc., represented by Raphael E. Fen'is, that a ten foot
wide alley, located between properties identified as Lot 8 (official tax no. 1012707) and
Lot 7 (official tax no. 1012706) to the rear of the comers of Lots 7 and 8, be
permanently vacated, discontinued and closed.
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 ~bove date and be heard on the
matter.
John R. Marlles, Agent
Roanoke City Planning Commission
Please mn in newspaper on Tuesday, March 23, 1993 and Tuesday, March 30, 1993.
Please send affidavit of publication to:
Office of Community Planning
Room 355, Municipal Building
215 Church Avenue, S.W.
Roanoke, VA 24011
Please send bill to:
Raphael E. Fen'is, President
Rider, Thomas, Cleaveland, Fen'is & l:akin, PC
SW VA Savings and Loan Building
Roanoke, VA
344-3233
David A. Bowers
Mayor
Beverly T. Fitzpatdck, Jr.
Vice-Mayor
CITY OF ROANOKE
CITY COUNCIL
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (703) 981-2541
March 22, 1993
File #514
Council Members:
Elizabeth T. Bowles
James G. Harvey. 11
Del'as O. "Mac" McCadden
Howard E Musser
William White. Sr.
Mr. Charles A. Price, Jr., Chairperson
City Planning Commission
Roanoke, Virginia
Dear Mr. Price:
Pursuant to Section 30-14, Procedure for altering or vacating City streets or alleys;
fees therefor, of the Code of the City of Roanoke (1979), as amended, I am enclosing
copy of an application from Raphael E. Ferris, President, 22 Luck Avenue, Inc.,
requesting that a 10 foot wide alley located between 16 Luck Avenue and 22 Luck
Avenue, S. W., described as Lot 7, Official Tax No. 1012706 and Lot 8, Official Tax
No. 1012707, be permanently vacated, discontinued and closed.
Sincerely, ~
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
a/luck
Eric
pc:
The Honorable Mayor and Members of the Roanoke City Council
Mr. John R. Mariles, Agent, City Planning Commissiori
Mr. Ronald H. Miller, Building Commissioner/Zoning Administrator
Mr. Steven J. Talevi, Assistant City Attorney
Mr. Raphael E. Ferris, President, 22 Luck Avenue, Inc., 22 Luck Avenue,
S. W., Roanoke, Virginia 24011
22 LUCK AVE., INC.
22 Luck Avenue, SW
Roanoke, Virginia 2401
'93 I'1AR17 Pi:23
March 17, 1993
Mary F. Parker, City Clerk
City of Roanoke
456Municipal Building
Roanoke, Virginia 24011
RE: 22 Luck Ave., Inc.
Petition to Vacate, Discontinue and Close Alley
Dear Ms. Parker:
Please find enclosed the original and one copy of Luck Ave., Inc.'s petition to close
the alley located at 22 Luck Avenue, Roanoke. I have also enclosed our check in the
amount of $300.00 and the name and address of the adjoining property owner affected by
this proposed closing.
Please place this matter on the Planning Commission's docket for the next scheduled
meeting on April 7, 1993. I understand that our application will then be referred to the
Secretary of the Planning Commission and advertised for a public hearing.
Thank you for your assistance and cooperation. If you have any questions or need
additional information, please do not hesitate to contact me.
Yours truly,
22 LUCK AVE., INC.
Raphael E. Ferris
REF/pap
Enclosures
RIDER, THOMAS,
CLEAVELAND, FERRiS
ROANOKE, VA
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGII~I~ ,~,o, t 7 ~" ,,
IN RE:
Application of
22 LUCK AVE., INC.
for vacation of alley located between
16 Luck Avenue SW and 22 Luck Avenue SW,
Roanoke City, Virginia
APPLICATION FOR
VACATING, DISCONTINUING AND
CLOSING OF ALLEY
MEMBERS OF COUNSEL:
22 LUCK AVE., INC. applies to have the alley located between 16 Luck Avenue SW
(Tax Map Number 1012707) and 22 Luck Avenue SW, (Tax Map Number 1012706), in
the City of Roanoke, Virginia, permanently vacated, discontinued and closed, pursuant to
Virginia Code Section 15.1-364 and Section 30-14, Code of the City of Roanoke (1979),
as amended. This alley is more particularly described on the map attached and as follows:
Ten (10) foot wide alley, located between properties identified
as Lot 8 (Tax Map Number 1012707) and Lot 7 (Tax Map
Number 1012706), to be closed from Luck Avenue to the rear
comers of Lots 7 and 8.
22 LUCK AVE., INC., your Petitioner, states that the grounds for this application are
as follows:
1. All landowners whose property adjoins the property to be vacated have been
notified and are expected to be in agreement with this application.
3.
purposes.
4.
The property to be vacated is presently not in use.
The petitioner desires to have the property vacated for security and aesthetic
Vacating, discontinuing and closing the alley would add the property to the
RIDER, THOMAS,
CLEAVELAND, FERRIS
ROANOKE, VA
City's tax roles and create real estate tax revenue.
WHEREFORE, 22 LUCK AVE., INC. respectfully requests that the above
described alley be vacated by the Council of the City of Roanoke, Virginia, in accordance
with Section 15.1-364 of the Code of Virginia, (1950) as amended, and Section 30-14 of
the Code of the City of Roanoke (1979), as amended.
Respectfully submitted,
22 LUCK AVE., INC.
Date
ATTACHMENT TO PETITION
OF 22 LUCK AVE., INC.
Adjoining Landowners:
New Sydney's Inc.
c/o Frank Rogers, Jr., Esq.
Woods, Rogers & Hazlegrove
P.O. Box 14125
Roanoke, Virginia 24038
NOTE:
1.
2o
Abt Y
bi 01'~1'O~t"~ )
b~1' 7
7'AX
THIS PROPERTY IS NOT-LOCATED
WITHIN THE LIMITS OF A 100 YEAR
FLOOD BOUNDARY AS DESIGNATED BY FEMA.
THIS OPINION IS BASED ON AN
INSPECTION OF THE FLOOD INSURANCE
RATE MAP AND HAS NOT BEEN
VERIFIED BY ACTUAL FIELD ELEVATIONS.
FLOOD ZONE "C"
THIS SER~EY WAS PERFORMED WITHOUT
THE BENEFIT OF A CURRENT TITLE
REPORT AND THERE MAY EXIST
EASEMENTS NOT SHOWN HEREON.
LEGAL REFERENCE:
DEEDTQ_]ASSOC%ATED ADVERTISING
OFLROANOKE INC. D.B. 1505,
PACE300,
PLAT SHOWING PROPERTY
OF
22 LUCK AVE., INC.
BEING LOT 7, BLOCK 3
ROANOKE CITY OFFICIAL SURVEY S.W. 2
ROANOKE, VIRGINIA
SCALE:t"= 20' OAT~: 20 OCTOBER 1992
LUMSDEN ASSOCIATES, P. C.
ENGINEERS-SURVEYORS-PLANNERS
ROANOKE, VIRGINIA
MARY F. PARKER
City Clerk, CMC/AAE
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703) 981-254.1
May 21, 1993
SANDRA H. EAKIN
Deputy City Clerk
File #51-79=165-169-450
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Ordinance No. 31473-051793 authorizing a certain agreement
to be entered into with the Williamson Road Area Business Association, Inc., for a
term of one year commencing July 1, 1993, to provide that the Willlamson Road Area
Business Association, Inc., shall act on behalf of the City to foster economic
advancement and development of the Williamson Road Area Service District heretofore
created by City Council. Ordinance No. 31473-051793 was adopted by the Council
of the City of Roanoke at a regular meeting held on Monday, May 17, 1993.
ff'"x~
Mary F. Parker, CMC/AAE
City Clerk
MFP: sm
po:
Mr. Charles E. Overstreet, President, Williamson Road Area Business
Association, p. O. Box 5892, Roanoke, Virginia 24012
Ms. Sherry L. Basham, President, Willlamson Road Action Forum, Inc.,
P. O. Box 5064, Roanoke, Virginia 24012
Mr. Joseph B. Wright, President, Downtown Roanoke, Inc., 310 First Street,
S. W., Roanoke, Virginia 24011
Mr. Franklin D. Kimbrough, III, Executive Director, Downtown Roanoke,
Inc., 310 First Street, S. W., Roanoke, Virginia 24011
The Honorable Jerome S. Howard, Jr., Commissioner of Revenue
The Honorable Gordon E. Peters, City Treasurer
Mr. Wilburn C. Dibling, Jr., City Attorney
MI,. James D. Grisso, Acting Director of Finance
Mr. Robert H. Bird, Municipal Auditor
Mr. William F. Clark, Director, Public Works
Mr. Phillip F. Sparks, Acting Chief, Economic Development
Mr. E. Douglas Chittum, Economic Development Specialist
Mr. Barry L. Key, Manager, Office of Management and Budget
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 17th day of May, 1993.
No. 31473-051793.
AN ORDINANCE authorizing a certain agreement to be entered
into with Williamson Road Area Business Association, Inc., for a
term of one (1) year commencing July 1, 1993, to provide that
Williamson Road Area Business Association, Inc., shall act on
behalf of the City to foster economic advancement and development
of the Willlamson Road Area Service District heretofore created by
City Council; and providing for an emergency.
BE
follows:
1.
IT ORDAINED by the Council of the City of Roanoke as
The City Manager is hereby authorized to execute and the
City Clerk is authorized to attest, respectively, a written
agreement between the City and Wllliamson Road Area Business
Association, Inc., (hereinafter "WRABA") for an initial term of one
(1) year com~encing July 1, 1993; providing foN WRABA's serving as
an independent contractor of the City for the purpose of
undertaking certain development activities in the Wllliamson Road
Area Service District heretofore created byCity Council; providing
that WRABA shall undertake such activities with tax revenues
generated from the Wllliamson Road Area Service District pursuant
to S32-103.1, Code of the City of Roanoke (1979), as amended;
providing for approval of the work program and budget of WRABA by
the City Manager each year not later than June 1, 19~3, and not
later than April i of any successive year; providing for
disbursements by the City to WRABA of actual tax receipts pursuant
to S32-103.1 less an administrative fee to cover the City's direct
costs incurred in collecting and administering such receipts; and
providing for the City Council to appoint an ex officio member of
the Board of Directors of WRABA.
2. The term of the City's agreement with WRABA shall be
automatically extended on each July 1, commencing July 1, 1994, for
one (1) year, until June 30, 1996, at which time, such agreement
shall terminate, unless either party has earlier given ninety (90)
days written notice of termination pursuant to Section 3.16 of such
agreement or the City has earlier chosen to terminate the agreement
for cause as provided for in Section 3.16.
3. WRABA shall conduct all its activities in accordance with
S~32-103 through 32-103.4, Code of the City of Roanoke (1979), as
amended, and ~15.1-18.2 and 15.1-18.3, Code of Virginia (1950), as
amended.
4.
Manager
A copy of the agreement to be executed by the City
is attached to the report of the City Manager on this
subject matter, dated May 17, 1993, and is on file in the Office of
the City Clerk, such agreement having been approved as to form by
the City Attorney.
5. In order to provide for the usual daily operation of the
municipal government, an emergency is deemed to exist, and this
ordinance shall be in full force and effect upon its passage.
ATTEST:
City Clerk.
May 17, 1993 5.a.4.
Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Mayor and Council Members:
Subject: Williamson Road Area Service District
I. Background:
Ao
Special Service Districts may be established by local governments pursuant to
Section 15.1-18.3, Code of Virginia (1950), as amended, to provide additional
or more complete services of government than are being offered in the local
government as a whole.
Bo
Public Hearing on a Request of the Williamson Road Area Business
Association (WRABA] for Establishment of a Williamson Road Area Service
District was held by City Council at its~ regularly scheduled meeting on April
12, 1993, by the Williamson Road Area Business Association, Inc. (XVRABA).
Co
City Council referred request to City Manager for review and negotiation of an
agreement between the City and the WRABA.
II. Current Situation:
Ao
Service District Proposal, in general, requires that City Council pass an
ordinance which would do the following:
1. Establish a Williamson Road Area Service District;
Levy and collect an additional 10 cents per $100 of assessed value on
taxable real property contained within the proposed service district
boundaries; and
Designate the Williamson Road Area Business Association, Inc., as its
agent to receive the proceeds of the additional tax levy and carry out a
program that will enhance governmental services in the proposed
district.
i~g~L~g~,lll~l (Exhibit I) has been negotiated with WRABA and the
major points are as follows:
Members of City Council
Page 2
May 17, 1993
III.
]SSUOS2
A.
S.
C.
D.
E.
o
Term of Agreement is July 1, 1993, to June 30, 1994, with automatic
renewal for three additional fiscal years (3 year Sunset clause).
~, including salaries, benefits, office expenses, audit
fees, and rents can not exceed 60% of funds received from the City.
Work Proeram and Budget shall be approved by the City Manager in
each year funds are received from the City.
Disbursements shall be made in three (3) payments to WRABA: on or
after Nov. 5, May 5, and July 15.
Actual Net Revenues disbursed to WRABA shall mean actual tax
receipts to the City less two percent (2%) for the City's administrative
costs incurred in collecting and administering such receipts.
The Municipal Auditor or Inde_t~ndent Auditor shall have access to
WRABA's books and records during regular office hours.
City Council shall designate one representative to be an ex officio
member of the Board of Directors of WRABA with full voting rights
and privileges.
Need for William$on Road Area Service District
Pro£ram Funding.
F. Program Implementation.
Members of City Council
Page 3
May 17, 1993
IV. Alternatives:
Establish. by Ordinance, a Williamson Road Area Service District pursuant to
Section 15.1-18.3, Code of Virginia (1950), as amended; approve a levy and
collection of additional real property tax on real property contained within the
boundaries of the Williamson Road Area Service District in the amount of 10
cents per $100 of assessed valuation; and authorize the City Manager to
execute the Service Agreement with the WRABA to implement the Williamson
Road Area Service District program.
Need for Williamson Road Area Service District has been identified by
the WRABA to assist in revitalization of the Williamson Road area
commercial district.
~ will be provided by Council approving a levy and
collection of an additional real property tax on real property contained
within the boundaries of the Williamson Road Area Service District in
an amount of 10 cents per $100 of assessed valuation.
Cost to general fund will be off-set as Service Agreement stipulates that
2% of actual tax receipts be retained by the City to cover
administrative costs incurred in collecting and administering such
receipts.
~ to enact this program is found within Section 15.1-
18.3, Code of Virginia (1950), as amended.
5. Accountability for this program will be as follows:
a. Program implementation and results - City Manager.
b. ~ - Director of Finance.
c. F~ - Independent Auditor.
Pro£ram Implementation will be handled via a service contract with
WRABA.
B. ~ a Williamson Road Area Service District.
Members of City Council
Page 4
May 17, 1993
Vo
Need to enhance the services offered by the City to the Williamson
Road business community will still exist.
2. Pro~,ram Funding will not be an issue.
3. Cost to the General Fund will be zero.
Legal Authority for Council to establish a Williamson Road Area
Service District will still be available if Council chooses to do so at a
later date.
5. Accountability is not an issue.
Pro£ram Implementation could Still be done by WRABA if a funding
source can be identified.
Recommendation:
It is recommended that City Council adopt Alternative "A" which will
authorize the following:
Ao
Establishment on July 1, 1993, of a Williamson Road Are.~ Service District
which boundaries shall be as set forth on a map dated April 30, 1993, entitled
"Williamson Road Area Service District, Roanoke, Virginia";
Bo
Levy and Collection, as of July 1, 1993, of an additional real property tax on
real property contained within the above-referenced boundaries in the amount
of 10 cents per $100 of assessed valuation; and
Members of City Council
Page 5
May 17, 1993
Execution by the City Manager of a Service Agreement (Exhibit 1) to
implement the Williamson Road Area Service District program.
Respectfully submitted,
_1~ Robert Herbert
City Manager
WRH:EDC/bw
Attachment
cci
Wilburn C. Dibling, Jr., City Attorney
James D. Grisso, Acting Director of Finance
Jerome S. Howard, Jr., Commissioner of Revenue
Gordon E. Peters, City Treasurer
Barry L. Key, Manager, Office of Management and Budget
William F. Clark, Director of Public Works
Robert H. Bird, Municipal Auditor
James D. Ritchie, Assistant City Manager
WILLIAMSON ROAD AREA SERVICE DISTRICT
SERVICES AGREEMENT
THIS AGREEMENT, made the day of May, 1993, by and
between the CITY OF ROANOKE, VIRGINIA, a political subdivision of
the Commonwealth of Virginia, and WILLIAMSON ROAD AREA BUSINESS
ASSOCIATION, INC., a corporation organized under the laws of the
Commonwealth of Virginia~
WITNES SETH:
I. BACKGROUND
The Virginia General Assembly in 1981 enacted S15.1-18.3 of
the Code of Virginia, which, as amended to date and in conjunction
with S15.1-18.2 of the Code of Virginia, provides in part that the
governing body of a city may, by ordinance, create "service
districts" in order to provide additional or more complete services
of government than are desired in the city as a whole. The
governing body of a city may, under the provisions of S15.1-
18.2.C.4 of the Code of Virginia, contract with any firm to provide
such additional governmental services in a service district. Under
the provisions of ~15.1-18.2.C.6 of the Code of Virginia, the
governing body may also levy and collect an annual tax on the
property in such service district to pay the cost of providing
additional governmental services in the district.
Wllliamson Road Area Business Association, Inc., is a non-
profit corporation organized in 1981 for the purpose of promoting
the development of the Wllliamson Road Area Business District of
the City of Roanoke.
The Williamson Road Area Business Association, Inc., has
recommended the establishment of the Wllliamson Road Area Service
District for the City of Roanoke to promote economic development,
management and community relations in the Wllliamson Road area.
On April 12, 1993, the City Council of the City of Roanoke, at
the request of the Williamson Road Area Business Association, Inc.,
held a public hearing pursuant to Virginia Code S58.1-3007
concerning the proposal of the Williamson Road Area Business
Association to the City of Roanoke to create a Williamson Road Area
Service District.
On , 1993, the Council of the City of Roanoke
adopted Ordinance No. providing for the creation of a
Williamson Road Area Service District for the City of Roanoke in
order to
"provide additional governmental services not being
offered uniformly throughout the entire City, including
but not limited to, economic and business development and
promotional activities intended to foster business
retention, business recruitment and developer recruit-
ment; planning for the development or revitalization of
the Williamson Road area and for the transportation needs
of the Wllliamson Road Area and to create a more attrac-
tive environment in the Wllliamson Road area."
Ordinance No. amended the Code of the City of Roanoke
(1979) by the addition of new sections 32-103, Wllliamson Road Area
service district created, 32-103.1, Additional tax imposed, 32-
103.2, Williamson Road Area service district defined, 32-103.3
Purposes of tax, and 32-103.4, Other powers and duties. The terms
of Ordinance No. __provide that it shall be in full force and
effect on July 1, 1993.
-2-
II. PURPOSE OF AGREEMENT
The City of Roanoke desires to contract with the Wllliamson
Road Area Business Association, Inc., as an independent contractor
on behalf of the City to foster economic advancement and develop-
ment of the Williamson Road Area Service District, and the
Williamson Road Area Business Association, Inc. desires to serve in
such capacity, on the terms and conditions set forth below.
III. AGREEMENT
In consideration of the mutual covenants and obligations
herein, the City of Roanoke (hereinafter "City") and the Williamson
Road Area Business Association, Inc. (hereinafter "WRABA") covenant
and agree as follows:
3.1. Independent Contractor Relationship. During the term of
this Agreement, WRABA shall be the independent contractor of the
City for the purpose of undertaking the development activities in
the Wllliamson Road Service District hereinafter enumerated with
tax revenues generated from the Williamson Road Area Service
District pursuant to City Code 932-103.1.
3.2. Term. The term of this Agreement shall be for one year,
commencing July 1, 1993 and ending on June 30, 1994. The term of
this Agreement shall be automatically extended on each July,
commencing July 1, 1994, for one year until June 30, 1996, at which
time this Agreement shall terminate, unless the Agreement is
terminated earlier by either party under the provisions of Section
3.16 herein.
3.3. Activities to be Undertaken. Funds made available to
WRABA will be applied to provide additional governmental services
to the Williamson Road Area Service District which are not being
-3-
offered uniformly throughout the entire City, including but not
limited to:
(a) Economic and business development and promo-
tional activities intended to foster business retention,
business recruitment and developer recruitment; planning
for the development or revitalization of the service
district; and
(b) Those other activities set forth in Virginia
Code S15.1-18.2.C as shall be agreed upon from time to
time by the City Manager and WRABA.
3.4 Prohibited Activities. No Williamson Road Area Service
District funds from the City shall be expended by WRABA for the
following purposes:
(a) Promotion of individual businesses;
(b) Support of partisan political activities or
lobbying of any legislative body, including the Roanoke
City Council;
(c) Acquisition of real property or construction of
public facilities, except with the express consent of the
City Council;
(d) Promotion or development of any area outside
the Williamson Road Area Service District not incidental
to promotion or development of the Wllliamson Road Area
Service District.
3.5. Overhead Reimbursement. The parties contemplate that the
activities undertaken by WRABA in connection with the Wllliamson
-4-
Road Area Service District will constitute the principal activity
of WRABA during the term of this Agreement. As compensation for
its services, WRABA shall be entitled to apply from the funds
received from the City an amount, approved by the City Manager,
sufficient to cover a pro-rata share of WRABA's overhead expense,
including salaries and benefits, expenses and rents based on total
WRABA receipts; provided, however, that in no event shall more than
60% of funds received from the City be used to cover overhead
expense.
3.6.
(a)
Work Program/Budget.
Prior to the execution of this agreement, WRABA shall
have submitted to the City Manager for approval a work program and
budget setting forth in reasonable detail the Wllliamson Road Area
Service District activities planned for the 1993-1994 fiscal year
and the anticipated expenditures of City funds involved. The City
Manager shall approve or otherwise respond to the proposed work
program and budget no later than June i in order that any necessary
modifications may be settled on or before July 1.
(b) No later than April i of each subsequent year during the
term of this Agreement, beginning with April 1, 1994, WRABA shall
submit to the City Manager for approval a work program and budget
setting forth in reasonable detail the Wllliamson Road Area Service
District activities planned for the next year and the anticipated
expenditures of City funds involved. The City Manager shall
-5-
approve or otherwise respond to the proposed work program and
budget no later than May 1 in order that any necessary modifica-
tions be settled upon before July 1.
(c) Within the parameters established by the approved program
and budget, and subject to the express limiting terms and condi-
tions of SS15.1-18.2 and 15.1-18.3, Code of Virginia (1950), as
amended, and S~32-103 through 32-103.4 of the Code of the City of
Roanoke (1979), as amended, and of this Agreement, WRABA shall have
the discretionary authority to carry out the Wllliamson Road Area
Service District activities in such manner as it deems appropriate.
3.7 Disbursements to WRABA.
(a) For purposes of this section, the phrase "actual net
revenues" shall mean actual tax receipts to the City under ~32-
103.1, Code of the City of Roanoke (1979), as amended, less two
percent (2%) of actual tax receipts for the City's administrative
costs incurred in collecting and administering such receipts. In
no year shall total payments to WRABA exceed actual net revenues
for the year.
(b) For City fiscal year 1993-1994 (July 1, 1993 to June 30,
1994) and succeeding fiscal years, the City shall make three (3)
payments to WRABA: on or after November 5, May 5, and July 15.
Each of the first two payments shall be tn the amount equal to 1/2
of the actual net revenues to the City under ~32-103.1 for the
City's fiscal year, and the third payment shall be the net
difference between payments and the actual.net revenues as of June
30, of such fiscal year. At the conclusion of the City's fiscal
year, the City shall compare actual net revenues for such fiscal
--6--
year to the two payments already made to WRABA for such fiscal
year, and the difference between actual net revenues and the total
amount of the two payments made to WRABA prior to the conclusion of
the fiscal year.
(d) For fiscal year 1994-1995 and each succeeding fiscal
year, the Director of Finance shall prior to March i make an
estimate of actual net revenues to be received by the City pursuant
to S32-103.1 during the next succeeding fiscal year. Such estimate
shall be provided to WRABA prior to March I of each year for use by
WRABA in planning and budgeting for the next succeeding fiscal year
(July i to June 30).
3.8. Subcontracting. It is contemplated that WRABA will from
time to time contract with firms and individuals for the acquisi-
tion of goods or services in the furtherance of the activities
contemplated by this Agreement. WRABA will not enter into any
contract relating to activities contemplated by this Agreement or
involving the expenditure of funds provided to WRABA by the City
under this Agreement where the amount of such contract is $5,000 or
more without written authorization of the City Manager unless the
amount of the contract sum and the nature of the goods or services
to be acquired were disclosed in the work program and budget
submitted for the year in which the contract is to commence.
3.9. Books and Recordst Audits. W~ABA shall keep accurate
books and records of all City funds received and disbursed, and of
all activities undertaken pursuant to this, Agreement. WRABA will
make such books and records available to the Municipal Auditor of
-7-
the City or other independent auditor selected by the City during
its regular office hours.
3.10. Contacts with Prospective Developers. WRABA shall
inform the City's Chief of Economic Development on a regular basis
of all contacts with or by potential developers with services
interest in the Williamson Road Service District. A representative
from the City's Economic Development Office shall have the right to
be present at any presentations by or to interested developers.
3.11. Board of Directors. During the term of this
Agreement, WRABA shall elect one representative from and designated
by the City Council to be an ex officio member of the Board of
Directors of WRABA with full voting rights and privileges.
3.12. Indemnification. WRABA shall indemnify and hold
harmless the City, its officers, agents and employees, from any and
all claims, legal actions and Judgments advanced against the City
or its officers, agents or employees, and for expenses the City may
incur in this regard, arising out of WRABA's negligent acts or
omissions, intentional and unintentional, with respect to carrying
out this Agreement or exercising any rights, privileges or duties
granted by the City to WRABA through this Agreement. WRABA shall
have no indemnification obligation with respect to any claim, legal
action, Judgment, loss, cost, expense or damage for which demand
for indemnification is not received by WRABA on or prior to the
date which is five years from the date of expiration or termination
of this Agreement.
3.13. Insurance.
-8-
(a) WRABA shall obtain and maintain during the life of this
Agreement a policy or policies of comprehensive general liability
insurance with an insurance company or companies licensed to do
business in Virginia with a Best Rating of A or better; which
policy or policies shall provide coverage with respect to claims
arising out of the subject matter of this Agreement. The amount of
such insurance shall not be less than:
1. In the case of bodily injury liability insurance,
$500,000.00 for injuries, including death, to one person
in any one occurrence, and $1,000,000.00 annual aggre-
gate;
2. In the case of property damage insurance, $500,000.00 for
damage in any one occurrence, and $1,000,000.00 annual
aggregate;
3. The above amounts may be met by "umbrella" coverage in a
minimum amount of $1,000,000.00, provided that such
"umbrella" coverage shall pick up at the maximum levels
of underlying coverages so that there shall be no gaps in
coverage.
(b) WRABA shall name the City and its officers, agents and
employees, as additional insureds on the above policies.
(c) WRABA shall furnish the City with certificates of
insurance evidencing the required coverage, referencing this
agreement, and containing a statement to the effect that the
coverage shall not be canceled or materially altered except after
ten (10) days written notice to the City.
-9-
(d) During the life of this Agreement WRABA shall furnish the
City with a fidelity bond on its employees in an amount not less
than $100,000.00
3.14. Assignment. Neither the City nor WRABA may assign its
rights or obligations hereunder without the prior written consent
of the other.
3.15. Notices. Any notices required by the terms of this
Agreement shall be deemed to have been given when delivered in
person to or deposited in the U.S. mall, postage pre-paid,
registered or certified, addressed to:
(a) If to the City:
City Manager
City of Roanoke
Municipal Building
215 Church Avenue, S.W.
Roanoke, Virginia 24011
(b) If to W~ABA:
Executive Director
Williamson Road Area Business
Association, Inc.
P. O. Box 5892
Roanoke, Virginia 24012
or at any such other address as each party may designate for itself
by notice given in accordance with this
3.16. Termination. The City or
Agreement at any time, with or without
Section 3.15.
WRABA may terminate this
cause, by giving notice
pursuant to Section 3.15 of this Agreement to the other at lease
ninety (90) days prior to the expiration of any one year term of
this Agreement. The City may terminate thfs Agreement at any time
if WRABA applies funds paid to WRABA by the City for any purpose
-10-
other than purposes contemplated by this Agreement, provided that
reasonable notice and opportunity to cure shall first be afforded.
3.17. Employment Discrimination Prohibited. In the perfor-
mance of this Agreement, WRABA shall not discriminate against any
contractor, subcontractor, sublessee, employee, applicant for
employment, or invitee because of race, religion, color, sex, or
national origin except where race, religion, color, sex, or
national origin is a bona fide qualification reasonably necessary
to the normal operation of WRABA.
WITNESS the following signatures as of the date first above
written.
ATTEST=
CITY oF ROANOKE, VIRGINIA
Mary F. Parker, City Clerk
ATTEST=
W. Robert Herbert, City Manager
WILLIAMSON ROAD AREA BUSINESS
ASSOCIATION, INC.
Secretary
President
Approved as to Form=
Kathleen Marie Kronau
Assistant City Attorney
-11-
5.a.4.
DESCRIPTION OF PROPOSED WILLIAMSON ROAD SERVICE DIST
Prepared by
Office of City Engineer
April 12, 1993
(Revised April 30, 1993)
East side of Williamson Ro&.l: from north right of way of
Orange Avenue, north to the north corporate limits line near the
intersection of Hildebrand Road.
Beginning in the center of Williamson Road at the intersection
of the north right of way of Orange Avenue; thence easterly along
the north right of way of Orange Avenue to the easterly property
line of Tax No. 3020203; thence with the east property line of Tax
No. 3020203, 256.70 .feet; thence, with the north line
3020203, 137.93 feet, thence with the west property line of Tax No.
of Tax No.
3020203, 40.41 feet to the Southeast corner of Lot 12, Block "T",
Williamson Groves Map; thence with the south line of Lots 11 and 12
to the common corner of Lots 11 and 7; thence with the rear of Lots
7, 8, 9, and 10, Block "T", Williamson Groves Map to the center of
Pocahontas Avenue; thence easterly with Pocahontas Avenue to the
easterly line of Lot 6, Block "U", Wllliamson Groves Map; thence
with the easterly line of Lot 6, 74.56 feet; thence with the rear
of Lots 5 and 6 in a westerly direction 80.00 feet to a point;
thence with the easterly property line of Tax No. 3070807, 221.56
feet to the center of Compton Street; thence with the center o
thence ~
Compton Street in a westerly direction approximately 100.5 feet,
leaving Compton Street and in a northerly direction with the
east property line of Tax No. 3070701 and 3070702 to a point on the
south line of Lot 9, Block 1, Map of Oakland; thence with the south
line of Lot 9, in a westerly direction 25.0 feet to the corner of
Lot 9 and Lot 2-A; thence in a northerly direction along the
easterly line of Lots 2-A, 3, 4, 5, and 6, Block 1, Map of Oakland
to the center of Wayne Street; thence leaving the center of Wayne
Street in a northerly direction and with the rear line of Lots 1
thru 9, Block 2, Map of Oakland to Thurston Avenue; thence crossing
Thurston Avenue and continuing with the rear lines of Lots 1 thru
6, Block 3, Map of Oakland, to the common Corner of Lot 6 and 15;
thence with the line between Lot 15 and 16, in an easterly
direction to the center of Wayne Street; thence northerly with the
center of Wayne Street approximately 175.0 to its intersection with
Noble Avenue; thence westerly with Noble Avenue approximately 225.0
feet; thence leaving Noble Avenue in a northerly direction and with
the rear lot lines of Lots 1, 2, 3, 4, 5, 6, and 7, Block 4,
Oakland Corporation Map, to the center of Forest Hill Avenue;
thence easterly with the center of Forest Hill Avenue approximately
75.0 feet; thence leaving Forest Hill Avenue in a northerly
direction and with the rear of Tax No. 3091003 and Lots 1, 2, and
1
3, of the Oyler Map, to the center of Laconia Avenue; thence
leaving Laconia Avenue northerly with the rear of Lots 1, 2, 3, 4,
6, 7, 8, and 9, Block 1, Map of Avendale, to the common rear corner
of Lots 9 and 10; thence with the common line of Lot 9 and 10
northerly to the center of Avendale Avenue; thence with the center
of Avendale Avenue westerly approximately 225.0 feet; thence
leaving Avendale Avenue in a northerly direction with the rear line
of Lots 1, 2, 3, 4, and 30, Block 2, Map of Avendale, to the common
rear corner of Lot 29 and 30; thence with the common line of Lots
29 and 30, northerly to the center of Courtney Avenue; thence
leaving Courtney Avenue in a northerly direction with the center of
an alley and the rear of Lots 1 thru 11, Map of Courtney Square, to
the center of Liberty Road; thence with the center of Liberty Road
easterly to the intersection of Edison Street; thence northerly
with the center of Edison Street approximately 275.0 feet to the
southerly line of Lot 6-D, Block 1, Liberty Land Company Map,
extended; thence with the southerly line of said Lot 6-D to its
rear terminus at the southeast corner of Lot 6-F; thence with the
rear property line of Lots 6-F and 6-E to the northwest corner of
Lot 6-A; thence with the northerly line of Lot 6-A, easterly to the
center of Edison Street; thence northerly with Edison Street 300.0
feet; thence leaving Edison Street, and in a westerly direction
with the southerly line of Tax No. 3100935; thence northerly with
the rear of Tax No. 3100235, 3100028 and 3100927, to a point on the
southerly boundary line of Tax No. 3100920; thence with the
southerly boundary line of Tax No. 3100920 easterly to the center
of Edison Street; thence northerly with Edison Street approximately
130.0 feet to the southerly boundary line of Lot 2-B, of the Newman
Map extended; thence leaving Edison Street and with the southerly
line of Lot 2-B, Newman Map; to the common corner of Lot 2-A and
2-B; thence with said common line northerly 112.0 feet; thence with
the north line of Lot 2-B in an easterly direction to the center of
Edison Street; thence with the center of Edison Street north 88.0
feet; thence leaving Edison Street and the rear lot line of Lot 1-C
and l-D, Newman Map, to the common rear corner of Lots 1-B and l-C;
thence with the common line of Lots l-A, l-B, and 1-C northerly to
the center of Fugate Road; thence easterly with Fugate Road
approximately 70.0 feet, to the westerly line of Tax No. 3101008
extended; thence leaving Fugate Road and with the westerly line of
Tax No. 3101008, 83.04 feet; thence leaving the westerly line of
Tax No. 3101008 in a westerly direction and with the northerly line
of Tax No. 3901007, 306.9 feet to the easterly right of way line of
Wllliamson Road; thence with the east right of way line of
Williamson Road, northerly, 114.55 feet; thence leaving said right
of way and with the southerly line of Tax No. 3101004, easterly
151.50 feet to a point; thence 158.80 feet; thence 100.0 feet to a
point on the westerly line of Lot 3, Block 3, Liberty Land Company;
thence with the westerly line of Lot 3 northerly 65.53 feet; thence
leaving the westerly line of Lot 3, and with the south line of Tax
No. 3101028, 246.92 feet; thence, with the westerly line of Tax No.
3101028 northerly for 62.34 feet; thence with the north line of Tax
No. 3101028 easterly 58.02 feet; thence with the east line of Tax
No. 3101001 north 125.72 feet to a point on the south llne of Lot
2, Block 1, Upson Addition; thence with the south line of Lot 2,
east to the common corner to Lot 2 and Lot 3; thence north with
said common line 180.0 feet to the southwest corner of Lot 6,
Collier, Sigmon and Minton Map; thence with the rear lines of Lots
3, 4, 5, and 6, to the common corner of Lots 1 and 3; thence with
the common line of Lots 1, 2, and 3 north to the center of
Wildhurst Avenue; thence with the center of Wlldhurst Avenue to a
point at the southwest corner of Tax No. 3160149; thence along the
westerly side and northerly lot line of Tax No. 3160149 to a point
on the west line of Lot 3, Block 4, Map of Upson Addition; thence
northerly with the west line of Lot 3, 180.0 feet to a point on the
south line of Oakland Elementary School; thence with the southern
line of Oakland Elementary School in an easterly direction to the
east line of Oakland School, Tax No. 3160105; thence north with the
east line of Tax No. 3160105, 208.73 feet; thence west with the
north line of Tax No. 3160105, 154.47 feet; thence leaving the
north line of Tax No. 3160105 and with the east line of Tax No.
3160150, 3160103, 3160102, and 3160101 to the center of Huntington
Boulevard; thence leaving Huntington Boulevard and in a northerly
direction with the rear lot line of Lots 6, 5, 4, and 3, Block 1,
Map of Huntington Court, to a point, said point being the southwest
corner of Tax No. 3170109, Lots 2, 3, and 8; thence with the
southerly line of a portion of Tax No. 3170109, 115.0 feet to a
point; thence with the easterly line of Tax No. 3170109 to the
center of Oakland Boulevard; thence westerly with Oakland Boulevard
approximately 150.0 feet; thence leaving Oakland Boulevard and with
the easterly line of Lots 1 thru 7, Block 1, Map of William Fleming
Court to the common corner of Lots 7, 8, and 14; thence easterly
with the southerly line of Lots 14 thru 22 to a common corner
between Lots 22 and 23; thence with the common line between Lots 22
and 23 northerly to the center of Pioneer Road; thence westerly
with Pioneer Road approximately 140.0 feet; thence leaving Pioneer
Road and with the common line of Lots 31 and 32, Block 2, Map of
William Fleming Court; thence with the north line of Lots 32, 33,
and 34 to the common corner of Lots 6 and 7; thence with the
easterly line of Lots 7 thru 12, to the center of Crockett Avenue;
thence leaving Crockett Avenue and northerly with the easterly line
of Lots 1 thru 12, Block 3, Map of William Fleming Court to the
center of Angell Avenue; thence easterly with Angell Avenue
approximately 225.0 feet; thence leaving Angell Avenue and with the
easterly line of Lot 23-A and 22-B, Block 4, Map of William Fleming
Court, to the center of Wentworth Avenue; thence leaving Wentworth
Avenue northerly with the easterly line of Lot 23-A, Block 5, Map
of William Fleming Court, to the southeast corner of Lot 22-B,
thence with the rear lot lines of Lots 22-A and 22-B westerly 50.0
feet to a point; thence with the easterly line of Lot 22,
northerly, to the center of Fleming Avenue; thence, westerly with
Fleming Avenue approximately 375.0 feet to the east right of way
line of Williamson Road; thence with the east right of way line of
Wllliamson Road, north to the intersection of Trinkle Avenue;
thence, easterly with Trtnkle Avenue approximately 430.0 feet;
thence leaving Trlnkle Avenue and with the easterly line of Lots 24
and 25, Block 8, Map of William Fleming Court; thence crossing the
3
end of Christian Avenue and with the easterly line of Lots 24 and
25, Block 9, Map of William Fleming Court to the center of Preston
Avenue; thence leaving Preston Avenue northerly with the easterly
line of Lots 24 and 25, Block 10, Map of William Fleming Court to
the center of Barkley Avenue; thence west with the center of
Barkley Avenue approximately 200.0 feet; thence leaving Barkley
Avenue in a northerly direction with the common line of Lots 35 and
36, Block 11, Map of William Fleming Court; thence with the south
line of Lots 20 thru 27 easterly 200.0 feet to the southeast corner
of Lot 27; thence with the east line of Lot 27 northerly to the
center of Frontier Road; thence leaving Frontier Road and the
common line of Lot 5 and 6, Block 1, Map of Yardley Square, north
to the center of Yardley Drive; thence with the center of Yardley
Drive west approximately 50.0 feet; thence leaving Yardley Drive
and with the common line of Lots 4 and 5, Block 2, Map of Yardley
Square, north to the rear corner of Lots 4 and 5; thence easterly
with the rear line of Lots 3 and 4 to the common corner of Lots 2
and 3, Block 2, Map of Yardley Square, and Lots 4 and 5, Map of
Mountain Scenery; thence with the common line of Lot 4 and 5, Map
of Mountain Scenery, north to the center of Maplelawn Avenue;
thence leaving Maplelawn Avenue, northerly with the easterly line
of Lot 34, Map of Mountain Scenery, and with the westerly line of
Lot 1, Map of Moomaw Lands to the center of Oaklawn Avenue; thence
westerly with Oaklawn Avenue approximately 150.0 feet, thence
leaving Oaklawn Avenue northerly with the easterly line of Lots 1
and 2, Block 1, Pace Map, to the cow, non corner of Lots 2, 3, and 5;
thence easterly with the southern line of Lot 5, 50.0 feet, to the
southwest common corner of Tax No. 2170205; thence with a line
northerly through Lot 5 and the easterly line of Tax No. 2170205 to
the center of Blrchlawn Avenue; thence easterly with Birchlawn
Avenue to the intersection of Lanford Street; thence northerly with
the center of Lanford Street to a point on its terminus on the
property line between Tax No. 2170143 and 2170139; thence with the
westerly line of Tax No. 2170139 and 2170142, northerly to the
center of Hershberger Road; thence westerly with Hershberger Road
approximately 215.00 feet; thence leaving Hershberger Road
northerly with the lot line between Lots 18 and 19, Block 2, Map of
Airlee Court, to a point on the southerly line of Lot 6, Block 2,
Map of Alrlee Court; thence, with the southerly line of Lot 6,
westerly 47.0 feet to the southwest corner of Lot 6; thence, with
the westerly line of Lot 6, northerly to the center of Curtis
Avenue; thence, easterly with Curtis Avenue approximately 130.0
feet; thence leaving Curtis Avenue, northerly with the easterly
line of Lots 1, 2, and 3, Block 5, Map of Airlee Court; thence with
the northerly lot line of Lot 3, northwesterly 109.24 feet to the
east right of way line of Williamson Road; thence with said
easterly right of way line northerly to the intersection of Whitney
Avenue; thence, easterly with the south right of way of Whitney
Avenue 13.96 feet to the common corner of Lot 6 and 7; thence with
said common line 139.51 feet to the southwest corner of Lot 7;
thence with the rear line of Lot 7 and 8 to the center of Woodbury
Street; thence with the center of Woodbury Street to the
intersection of Whitney Avenue; thence easterly with the center of
4
Whitney Avenue approximately 260.0 feet; thence leaving Whitney
Avenue, northerly with the line between Lots 15 and 16, Block 8,
Map of Airlee Court; thence, with the south line of Lots 5 thru 9,
Block 8, Map of Atrlee Court, to a point on the west line of Tax
No. 2200220; thence with the west line of Tax No. 2200220 to the
southwest corner of said tax number, said corner also being the
northwest corner of Lot 41, Block 4, Map of Church Court; thence
with the rear line of Lots 34 thru 41, Block 4, Map of Church
Court, easterly to the center of a 20 foot alley; thence
northeasterly with the centerline of said 20 foot alley, crossing
Hildebrand Road and continuing with said 20 foot alley to the west
line of Tax No. 2200202; thence with the west line of Tax No.
2200202 to a point on the 1949 corporation line of the City of
Roanoke and the northeast corner of Tax No. 2200228; thence with
the 1949 corporation line westerly to the center of Williamson
Road; thence with the center of Wllliamson Road in a southern
direction approximately 9,500 feet to the place of beginning and
shall include the following tax parcels:
3020202 (City of Roanoke) 3110206
3020203 3110207
3020204 (City of Roanoke) 3110208
3020205 (City of Roanoke) 3110209
3020206 3110217
3020207 3110219
3020209
3070904
3070906
3070908
3070801
3070802
3070807
3070808
3070701
3070702
3070703
3070704
3070705
3070706
3070707
3110101
3110103
3110104
3110105
3110106
3110107
3110108
3110110
3110123
3110201
3110203
3081001
3081003
3081004
3081005
3081007
3091001
3091003
3090901
3090902
3090903
3090920
3090921
3090601
3090602
3090603
3090617
3090301
3100901
3100902
3100903
3100937
3100906
3100911
3100938X
3100917X
(Church)
(Church)
5
3100918
3100932
3100919
3100920
3100936
3100921
3100922
3100923
3100924
3101001
3101002
3101003
3101004
3101007
3160201
3160206
3160101
3160102
3160103
3160104
3160105
3160150
3160127
3160128
3170101
3170102
3170103
3170104
3170105
3170106
3170108
3170109
2090101
2090102
2090105
2090109
2090201
2090202
2090203
2090204
2090205
2090206
2090215
2090301
2090302
2090303
2090304
2090305
2090401
2090403
(Church)
(Church)
(City of Roanoke)
(City of Roanoke)
(City of Roanoke)
(City of Roanoke)
2090404
2090405
2090406
2090407
2090408
2090409
2090410
2090411
2090412
2090413
2090426
2090501
2090502
2090503
2090505
2090506
2090507
2090508
2090510
2090511
2090513
2090514
2090515
2100101
2100104
2100105
2100106
2100107
2100108
2100109
2100110
2100111
2100112
2100201
2100203
2100204
2100205
2100206
2100209
2100210
2100211
2100212
2100213
2100214
2100215
2100216
2100217
2100301
2100304
2100309
2100401
2100403
(Residential, Excluded)
(F.O.P. Lodge)
(F.O.P. Lodge)
2100407
2100408
2100409
2100413
2100414
2170501
2170503
2170504
2170505
2170401
2170402
2170422
2170424
2170301
2170319
2170201
2170203
2170101
2170128
2170137
2170138
2170143
2190901
2190903
2190923
2190701
2190702
2190703
2190707
2190708
2190601
2190602
2190603
2190604
2190605
2190609
2190611
2190616
2200220
2200210
2200241
2200219
2200227
2200242
2200211
2200236
2200212
2200214
2200228
(Charity)
(City of Roanoke)
7
West side of Williamson Road from north right of way Orange
Avenue· north to the north corporate ~m~ts line near the inter-
section of Hildebrand Road.
Beginning at the center of Williamson Road at the intersection
of the north right of way of Orange.Avenue; thence, westerly along
the north right of way of Orange Avenue approximately 625.0 feet to
the southwest Corner of Tax No. 3020102 (Econo Lodge); thence
leaving the north right of way of Orange Avenue and with the
westerly property line. of Tax No. 3020102 (Econo Lodge) to the
center of Carver Avenue, thence, easterly with Carver Avenue to the
intersection of Courtland
Courtland Road· north to Road; thence· with the centerline of
thence with the centerline the intersection of Sycamore Avenue
of Sycamore Avenue easterly 125.0 feet~
thence leaving Sycamore Avenue south along the line between Lots 28
and 29, Block "A", Map of Williamson Groves; thence along the rear
lot lines of Lots 29, 30, 31, 32, 33 and 34, easterly 150.0 feet to
the common corner between Lots 34 and 35; thence· with the common
line between Lots 34 and 35, northerly to the center of Sycamore
Avenue; thence leaving Sycamore Avenue· northerly with the common
lines of Lots 22, 23, 34 and 35, Block "B", Map of Williamson
Groves, to the centerline of Thurston Avenue; thence leaving
Thurston Avenue, northerly with the rear lot lines of Lots 1 thru
6, Block "C", Map of Wllliamson Groves, to a common Corner of Lots
6, 7, and 58; thence with the rear lot lines of Lots 53 thru 58 to
a common Corner between Lots 52 and 53; thence with the line
between Lots 52 and 53, northerly to the center of Maddock Avenue;
thence with the centerllne of Maddock Avenue easterly 50.0 feet;
thence leaving Maddock Avenue· northerly with the lot line between
Lots 28 and 29, Block "D", Map of Williamson Groves; thence,
easterly with the rear lot line of Lots 29 thru 32 to a common
COrner between Lots 32, 5, and 6; thence, northerly with the rear
lot line of Lots 6 thru 10, to the centerltne of Noble Avenue;
thence westerly with the centerline of Noble Avenue 25.0 feet.
easterly with the rear lot lin~ a~ o~ Wt~tamson Groves; thence
between 34 6 · or Lot 34 to a common
· , and 7, thence northerly wieh ~- - . Corner
Lots 7 thru 12, to the center of Clover Avenue; thence, leaving
~ ~.. ~,l= rear lot lines of
Clover Avenue northerly with the rear lot lines of Lots 1 thru 14,
Block "F", Map of Williamson Groves to the center of Forest Hill
Avenue; thence leaving Forest Hill Avenue, northerly with the lot
lines between Lots 3 and 4, Block -p-, Map of Williamson Groves;
thence with the rear lot lines of Lots 4 and 5, westerly to the
centerline of Hillcrest Avenue; thence northerly with the
centerline of Hlllcrest Avenue, approximately 250.0 feet; thence
leaving Hillcrest Avenue and with the southerly line of Tax No.
3090239, 121.67 feet; thence with the easterly line of Tax No.
3090239, 106.53 feet to a point on the southerly line of Tax No.
3090242; thence with the southerly line of Tax No. 3090242, 27.04
feet to a point; thence with the westerly line of Tax No. 3090237,
244.87 feet to a point; thence with the northerly line of Tax No.
2090237 and 3090240, 314.91 feet to a point, said point being the
southwesterly Corner of Lot 5, Map of C. R. Scott; thence with the
rear lot lines of Lots 1 thru 5, Map of C. R. Scott, to the center
of Liberty Road; thence westerly with the centerline of Liberty
Road to the intersection of Meadows Street; thence north with the
centerline of Meadows Street approximately 140.0 feet; thence
leaving Meadows Street and with the common line of Lots 9 and 10,
Block 1, Map of Meadow Land; to a point on the rear line of Lot 1;
thence with the rear lines of Lots 1 and 2, northerly to the center
of Spring Hollow Avenue; thence, easterly with the centerllne
~? ~ol~ow Avenue easterly a~.rou~ ..... ' of
=~'~"g ~prlng Hollow Av~- ...... ~f ~ ~,_,~uely 50.0 feet; thence
--~= .,u~uu~r~y along the westerly line of
Tax No. 2071308, 2071310, 2071311, and 2071324 to
corner of Lot 7, Block 2, Map of Bowman Lawn; thence, the southwest
easterly with
the rear of Lots 6 and 7 to the southwest Corner of Lot 6; thence
with the easterly line of Lot 6, northerly to the center of Bowman
Street; ~thence, with Bowman Street easterly 60.0 feet;
leaving nowman Street in a northerly direction and the east thence
line of
Lot 15, Block 3, Map of Bowman Lawn; thence, with the rear lot line
of Lot 15, westerly 60.0 feet to the common Corner between Lot 14
and 7; thence northerly with the westerly line of Lot 6 to the
centerline of Chatham Street; thence easterly with the centerline
of Chatham Street approximately 120.0 feet; thence leaving Chatham
Street and northerly with the rear lot lines of Lots 1 thru 2,
Block 4, Map of Bowman Lawn to the northeast corner of Lot 3;
thence with the rear line of Lot 3, westerly to the common Corner
of Lot 3 and 4; thence with the west line of Tax No. 2070414
northerly to the centerline of Lyndhurst Street; thence with the
centerline of Lyndhurst Street easterly approximately 85.0 feet;
thence leaving Lyndhurst Street and northerly with the rear line of
Lots 9 thru 16, Block 1, Powers Addition, to a point on Lot 5,
Block 1, Plasters Map; thence with Lot 5, west 5.32 feet to rear
southwest Corner of Lot 5; thence with the rear line of Lots 1 thru
5, Block 1, C. ~. Powers Map to a point on the southerly line o~
Tax No. 2070143, thence westerly with the line of same 88.54 feet,
thence with the westerly line of same 120.0 feet to the centerllne
of Haffen Street; thence with the centerline of Haffen Street
easterly approximately 130.0 feet; thence leaving Haffen Street
northerly with the rear line of Lots 1 thru 4, Block 1, Newco
~_3o t~ c~nterline of Tenth St~--~ .... mb
1, Connistone Map to the center of Burton Avenue; thence with the
centerltne of Burton Avenue easterly approximately 58.0 feet;
thence leaving Burton Avenue northerly with the rear line of Lots
i thru 5, Block 4, Connistone Map, crossing Huntington Boulevard
and with the rear line of Lots i thru 5, Block 5, Connistone Map to
the. c~terline of Cumberland Street; thence easterly with the
centerllne of Cumberland Street a fox
leaving Cumberland Street north ?~,.~l~ely 59.0 feet; thence
I thru 5,. erl~_~ une rear lot lines of Lots
Block 10, Conntstone Map to the centerline of Oakland
Boulevard, thence with the centerline of Oakland Boulevard westerly
approximately 85.0 feet; thence leaving Oakland Boulevard,
northerly along the rear lot lines of Lots i thru 19, Map of Round
Hill Terrace; thence with the north line of Lot 19, in an easterly
9
direction 230.0 feet to the west right of way line of Williamson
Road; thence with said right of way north 50.0 feet to the south
corner of Tax No. 2080115; thence leaving said right of way and
with the south line of Tax No. 2080115, westerly 230.0 feet to the
common corner of Lot 20 and 21; thence with the rear line of Lots
21, 22, and 23 to the common corner of Lots 23 and 24; thence with
the common line of Lots 23 and 24, easterly 230.0 feet to the west
right of way line of Williamson Road; thence northerly with said
right of way 50.0 feet to the common corner of Lot 24 and 25;
thence leaving said right of way and with the common line of Lots
24 and 25 westerly 230.0 feet to the rear common corner of Lots 24
and 25; thence with the rear lines of Lots 25 thru 30, to the
centerline of Clarendon Avenue; thence with the centerline of
Clarendon Avenue, easterly, approximately 140.0 feet; thence
leaving Clarendon Avenue, northerly, with the rear lot lines of
Lots 3 thru 9, Block 1, Map of Shadylawn Court, to the common
corner of Lot 2 and 3; thence with the common line of same easterly
60.0 feet; thence northerly with the line thru Lots 1 and 2 to the
center of Broad Street; thence leaving Broad Street northerly with
the west line of Lot 2, Block 1, Map of Hedgelawn; thence with the
rear lines of Lot 3 thru 13, Block 1, Map of Hedgelawn to the
centerline of Epperley Avenue; thence with the centerline of
Epperley Avenue easterly approximately 100.0 feet; thence leaving
Epperley Avenue, northerly with the rear lines of Lots 1 thru 7,
Block 1, Map of Epperley Court, to the center of Ravenwood Avenue;
thence leaving Ravenwood Avenue, northerly and with the rear line
of Lots 1 and 2, Map of Layman Square, and the rear line of Lot 7,
Block 2, Map of Floraland, to the common corner of Lots 6 and 7;
thence with the common line of Lot 6 and 7, 155.0 feet easterly to
the west right of way line of Williamson Road; thence with said
right of way northerly 100.0 feet to the common corner of Lots 4
and 5; thence, leaving said right of way and the common line of
Lots 4 and 5, 155.0 feet westerly to the rear common corner of Lots
4 and 5; thence with the rear line of Lot 4 to the common corner of
Lots 3 and 4; thence with the common line of Lots 3 and 4, easterly
155.0 feet to the west right of way of Wllliamson Road; thence with
said right of way northerly 50.0 feet to the common corner of Lots
2 and 3; thence leaving said right of way and with the common line
of Lots 2 and 3 to the rear common corner of Lots 2 and 3; thence
with the rear line of Lots 1 and 2 to the center of Floraland
Drive; thence leaving Floraland Drive, northerly, with the rear
lines of Lots 1 thru 7, Block 1, Map of Floraland, Lots 1 thru 7,
Block 1, Map of James Addition, Lots 1 thru 17, Map of Sunset
Manor, the rear line of Tax No. 2280111 and 2180156, 2280110,
2280106, 2280159, 2280105 and 2280101, to the centerline of
Hershberger Road; thence with the centerline of Hershberger Road,
easterly to the west right of way line of Williamson Road; thence
with the west right of way of Williamson Road to the intersection
of Curtis Avenue; thence with the centerline of Curtis Avenue
westerly to the intersection of Cross Road; thence with the
centerline of Cross Road to its intersection with Airport Road
(relocated); thence with Airport Road (relocated) to its
intersection with Hearthstone Road; thence leaving Airport Road and
10
with the centerline of Hearthstone Road, to its intersection with
Maitland Avenue; thence with the centerline of Maitland Avenue
easterly to its intersection with Woodbury Street; thence with the
centerline of Woodbury Street northerly approximately 275.0 feet;
thence leaving Woodbury Street and easterly with the north line of
Lot 16, Block 10, Map of Airlee Court to a point on the rear line
of Lot 4; thence with the rear line of Lots 4, 5, and 6 to the
centerline of Hawthorne Road; thence northerly with Hawthorne Road
approximately 120.0 feet; thence leaving Hawthorne Road and with
the north line of Lot 2, Block 9, Map of Atrlee Court 170.0 feet to
the rear corner of Lot 2; thence with the rear line of Lot 2 thru
4, Block 9, Map of Airlee Court and the rear line of Lots 1 thru 5,
Airlee Court Annex, to the corporate line of the City of Roanoke;
thence with the corporate line east to the center of Williamson
Road; thence, with the centerline of Wllliamson Road, southerly,
approximately 9,500 feet to the place of beginning, and shall
include the following tax parcel numbers:
3020102
3020118
3020117
3020201
3070901
3070903
3070512
3070513
3070514
3070515
3070517
3070519
3070520
3070521
3070524
3070526
3070527
3070528
3070529
3070317
3070239
3070240
3070248
3070254
3070401
3070402
3070403
3070405
3070407
3070412
3070418
3080923
3080927
3080822
3080823
3080824
3080825
3080826
3080827
3080721
3080722
3080725
3080646
3080647
3080648
3080649
3080650
3090216
3090217
3090218
3090234
3090237
3090243
3090231
3090240
3090229
3090228
3090227
3090226
3090225
2071322
2071301
2071302
2071304
2071305
2071003
(Planned Parenthood)
11
2071005
2071306
2071308
2071310
2071311
2071324
2070701
2070702
2070705
2070402
2070414
2070120
2070121
2070122
2070123
2070134
2070135
2070136
2070137
2070138
2070139
2070140
2070141
2070142
2070143
2070101
2070103
2070104
2081001
2081002
2081003
2081012
2080801
2080802
2080803
2080804
2080805
2080806
2080601
2080603
2080604
2080401
2080403
2080404
2080405
2080101
2080102
2080104
2080107
2080109
2080110
2080111
(Residential, Excluded)
2080112
2080113
2080115
2080116
2080119
2080120
2080121
2080148
2080149
2080150
2161313
2161315
2161316
2161317
2161318
2161319
2161320
2161013
2161016
2161017
2161019
2161020
2161021
2161022
2161023
2161024
2160615
2160617
2160618
2160621
2160303
2280301
2280302
2280304
2280307
2280101
2280105
2280106
2280110
2280111
2280114
2280115
2280117
2280118
2280119
2280134
2280136
2280137
2280138
2280139
2280141
(Church)
(Church)
12
2280144 (Church)
2280145
2280146 (Church)
2280147 (Church)
2280156
2280158
2280159
2190501
2190503
2190513
2190518
2190519
2190520
2190521
2190301
2190303
2190327
2190401
(City of Roanoke)
2200101
2200102
2200103
2200104
2200105
2200106
13
MARY F, PARKER
City Clerk, CMC/AAE
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
21~ Church Avenue, S.W., Room 4~6
Roanoke, V'trginia 24011
Telephone: (703) 981-2541
SANDRA H. EAKIN
Deputy City Clerk
May 21, 1993
File #337-467-472
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
! am attaching copy of Resolution No. 31474-051793 rejecting all bids for providing
furniture and equipment for the Jefferson Center and authorizing purchase of
certain items of furniture and equipment from Virginia Correctional Enterprises, a
division of the Virginia Department of Corrections. Resolution No. 31474-051793 was
adopted by the Council of the City of Roanoke at a regular meeting held on Monday,
May 17, 1993.
Sincerely, ~Z~..,,_.-
Mary F. Parker, CMC/AAE
City Clerk
MFP: sm
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Mr. Wilburn C. Dibling, Jr., City Attorney
Mr. James D. Grisso, Acting Director of Finance
Mr. William F. Clark, Director, Public Works
Mr. Charles M. Huffine, City Engineer
Mr. L. Bane Coburn, Project Manager
Ms. Sal~h E. Fitton, Construction Cost Technician
Mr. Kit B. Kiser, Director, Utilities and Operations
Mr. George C. Snead, Jr., Director, Public Safety
Ms. Dolores C. Daniels, Assistant to the City Manager for Community
Relations
MARY F. PARKER
City Clerk, CMC/AAE
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703) 981-2541
SANDRA H. EAKIN
Deputy City Clerk
May 21, 1993
File #51
Mr. Barry M. Tatel, Attorney
Key and Tatel
P. O. Box 1625
Roanoke, Virginia 24008
Dear Mr. Tatel:
I am enclosing copy of Ordinance No. 31442-051793 changing existing proffered
conditions on property described as Official Tax No. 1271014, located at 2311 Sanford
Avenue, S. W.; and rezoning Official Tax No. 1271013, from RM- 1, Residential Multi-
family, Low Density District, to C-2, General Commercial District, subject to certain
proffered conditions. Ordinance No. 31442-051793 was adopted by the Council of the
City of Roanoke on first reading on Monday, May 10, 1993, also adopted by the
Council on second reading on Monday, May 17, 1993, 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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Mr. James Glenn Walthall and Ms. Lee Ann Henry, 3870 Etzler Road,
Troutville, Virginia 24175
Mr. Leo N. Lampros, 2114 Colonial Avenue, S. W., Roanoke, Virginia 24015
Frank Boys Realty, Inc., P. O. Box 7777, Roanoke, Virginia 24019
Commonwealth of Virginia Department of Transportation, 1401 E. Broad
Street, Richmond, Virginia 23219
Mr. W. Robert Herbert, City Manager
Mr. Wilburn C. Dibling, Jr., City Attorney
Mr. Barry M. Tatel, Attorney
May 21, 1993
Page 9.
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Mr. Steven J. Talevi, Assistant City Attorney
Mr. Willard N. Claytor, Director of Real Estate Valuation
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, Agent, City Planning Commission
Ms. Evelyn D. Dorsey, Acting Assistant Zoning Administrator
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 17th day of May, 1993.
No. 31442-051793.
AN ORDINANCE to amend §§36.1-3 and 36.1-4, Code of the City of
Roanoke (1979), as amended, and Sheet No. 127, Sectional 1976 Zone
Map, City of Roanoke, in order to amend certain conditions
presently binding upon certain property previously conditionally
rezoned from C-l, Office District, to C-2, General Commercial
District, and to rezone certain other property within the City,
from RM-1, Residential Multi-family, Low Density District, to C-2,
General Commercial District, subject to certain conditions
proffered by the applicant.
WHEREAS, application has been made to the Council of the City
of Roanoke to amend certain conditions presently binding upon a
tract of land described as Official Tax No. 1271014, which property
was previously conditionally rezoned by the adoption of Ordinance
No. 28088, adopted April 21, 1986; and which conditions were
amended by the adoption of Ordinance No. 28168, adopted May 27,
1986; and
WHEREAS, application has been made to the Council of the City
of Roanoke to have a tract of land designated on Sheet No. 127 of
the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No.
1271013, rezoned from PM-l, Residential Multi-family, Low Density
District, to C-2, General Commercial District, subject to certain
conditions proffered by the applicant; and
WHEREAS, the City Planning Commission, which after giving
proper notice to all concerned as required by SS36.1-693 and 36.1-
698, 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 May 10, 1993, after due and timely
notice thereof as required by SS36.1-693 and 36.1-698, Code of the
City of Roanoke (1979), as amended, at which hearing all parties in
interest and citizens were given an opportunity to be heard, both
for and against the proposed amendment; and
WHEREAS, this Council, after considering the aforesaid
application, the recommendation made to the Council by the Planning
Commission, the City's Comprehensive Plan, and the matters
presented at the public hearing, is of the opinion that the
conditions now binding upon the above-described property should be
amended as requested, and that the hereinafter described property
should be rezoned as herein provided.
THEREFORE, BE IT ORDAINED by the Council of the City of
Roanoke that Sheet No. 127 of the Sectional 1976 Zone Map, City of
Roanoke, be amended, with respect to Official Tax No. 1271014,
amending the proffered conditions contained in Ordinance No. 28088,
adopted April 21, 1986, and amended by Ordinance No. 28168, adopted
May 27, 1986, so that Official Tax No. 1271014 will be subject to
the following proffered conditions: (a) the existing developed
property will be used for an electronics security service or other
professional offices; (b) the free-standing sign erected on the
subject property in 1992 may remain standing as long as District
Investigation, Inc., owns Official Tax Nos. 1271013 and 1271014 and
either of those parcels is used by that corporation for the purpose
of conducting an electronics security service company, and in all
other respects signage on the subject property shall be limited to
that which is permitted to C-1 zoning districts; (c) that for the
rezoning of Official Tax No. 1271013, a subdivision plat will be
prepared in accordance with the City of Roanoke Subdivision
Regulations combining both properties and will be duly recorded by
Petitioner within six (6) months of the effective date of this
ordinance; (d) any additions to the existing building would be one
story and such additions would have the same roof pitch as the
existing building; (e) the parking lot will be at the rear of the
building; and (f) the proposed conditions in a, b, c, d and e above
will be applicable to official Tax Nos. 1271013 and 1271014, or a
combination thereof.
BE IT FURTHER ORDAINED that Sheet No. 127 of the Sectional
1976 Zone Map, City of Roanoke, be amended in the following
particular and no other:
A tract of land designated on Sheet No. 127 of the Sectional
1976 Zone Map, City of Roanoke, as Official Tax No. 1271013, be,
and is hereby rezoned from RM-1, Residential Multi-family, Low
Density District, to C-2, General Commercial District, subject to
the above described proffered conditions, as more fully set forth
in the Fourth Amended Petition, filed in the Office of the City
Clerk on March 24, 1993, and that Sheet No. 127 of the 1976
Sectional Zone Map be changed in this respect.
ATTEST:
City Clerk.
Roanoke City Planning Commission
May 10, 1993
The Honorable David A. Bowers, Mayor
and Members of City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of Council:
Subject:
Request from District Investigation, Inc.,
represented by Barry M. Tatel, attorney, that
conditions approved pursuant to Ord. No. 28168
rezoning the tract of land described as
Official Tax No. 1271014 and located on
Sanford Avenue, S.W., be amended; and that a
tract of land designated as Official Tax No.
1271013, be rezoned from RM-1, Residential
Multifamily, Low Density District, to C-2,
General Commercial District.
I. Backaround:
Purpose of the revised rezoning request is threefold:
(1) to remove the previously proffered conditions imposed
on Tax Map No. 1271014; and (2) to rezone Tax Map No.
1271013 from residential to commercial; and (3) to add
new proffered conditions to be imposed on both tracts of
land.
Be
Oriainal conditional rezoning of Tax Map No. 1271014 was
approved by City Council on April 21, 1986. In summary,
the approved proffered conditions stated that: (1) the
use of the property was restricted to that of a beauty
shop; (2) the off-street parking area would be located to
the rear of the existing building; (3) that the exterior
of the existing building will remain as it was (single
family residential in character); and (4) signage shall
meet the requirements of the C-1 zoning district and
shall be located along Sanford Avenue.
C. First petition filed requestin~ a chan~e in proffered
conditions and to rezone Tax MaD No. 1271013 was filed on
August 19, 1992.
De
First amended petition to change proffered conditions and
to rezone Tax Map No. 1271013 was filed on October 16,
355 Municipal Building 215 Church Avenue, S',.M r~:)onoke, Virginia 24011 (703) 981-2344
Page 2
Ee
1992. The following conditions were proffered by the
petitioner:
That the existing developed property will be used
for an electronics security service and/or other
similar companies such as an insurance company, a
brokerage firm or other professional offices.
That the signage permitted on the subject property
will be that allowed in the C-2, General Commercial
District zoning classification.
For the rezoning of said parcel no. 1271013 that a
subdivision plat will be prepared in accordance
with the City of Roanoke subdivision regulations
combining both properties and will be duly recorded
by said petitioner within six (6) months of the
effective date of the ordinance rezoning said
property.
Plannina Commission public hearina was held on Wednesday,
December 2, 1993. Mr. Barry Tatel, attorney, appeared
before the Commission on behalf of the petitioner.
Mr. Tatel explained that the property District
Investigations was using had been rezoned to C-2 with
conditions that were unknown to District Investigations
when they purchased the property.
Mrs. Dorsey gave the staff report. She said that staff
could support the amendment of the proffered conditions
to change the use, but did not support the request to
delete the proffered condition restricting signage placed
on the property. Mrs. Dorsey stated that deletion of the
proffer restricting the use would allow the current
electronics security services to continue; she further
stated that staff was recommending that the previous
proffer pertaining to the signage on the property be
retained and imposed on the adjoining tract (tax no.
1271013) as well.
Mrs. Dorsey noted that the Commission had received nine
letters in opposition to the rezoning request primarily
due to the signage on the property.
No one from the audience appeared before the Commission
to speak in favor or in opposition to the request.
After considerable discussion as to the zoning history of
the area, the current land uses in the area, the intent
of the original rezoning of the subject property (Tax Map
No. 1271014), the difference in the signage allowed in a
Page 3
C-2 district versus a C-1 district, and the written
letters of opposition to the request, the Planning
Commission made the following recommendation to City
Council: (1) that the use change be accepted on Tax Map
No. 1271014; and (2) that the rezoning of Tax Map No.
1271013, with the proffered conditions as presented, be
denied.
II. Current Situation:
City Council public hearing was held on Monday, February
8, 1993. Mr. Neil McNally, attorney, appeared before
City Council on behalf of the petitioner. Mr. McNally
explained to Council the purpose of the request to change
proffered conditions as it pertained to the use and
signage permitted on Tax Map No. 1271014 and to rezone
the adjoining tract, Tax Map No. 1271013. He further
explained to Council the history of the purchase of the
property by his client and the acquisition of the sign
permit for the C-2 sign that is currently erected on the
property.
Mr. Marlles, agent to the Planning Commission, appeared
before City Council to respond to questions raised by
Councilmen Harvey, Musser and McCadden. Mr. Marlles
conveyed to Council the rezoning history of the property,
the existing proffers on the property, and the course of
events which led to this petition request.
Considerable discussion took place among the Council
members, the attorney for the petitioner and City staff
pertaining to the error made in the issuance of a sign
permit, the change in use on the property (from a beauty
shop to a security business), and what possible
alternatives can be taken by the City to resolve this
problem. At the conclusion of this discussion, a motion
was made by Councilman Harvey to DostDone action on this
matter and refer it back to the Plannin~ Commission. with
involvement from the city Attorney's office, to determine
if a mutually satisfactory agreement can be reached
between the City and the petitioner. The motion was
seconded by Councilman Musser and the vote was carried
unanimously.
A discussion meeting was held on March 22, 1993, to
address the petition filed for change of proffered
conditions and to rezone the adjoining tract. Those in
attendance were: Neil McNally, attorney for the
petitioner; Steve Talevi, Assistant City Attorney; John
Marlles and Evelyn Dorsey, Community Planning staff.
That meeting resulted in the filing of a fourth amended
petition to rezone and to change proffered conditions.
Page 4
Ce
Fourth amended petition was filed on March 24, 1993. The
following conditions were proffered by the petitioner:
That the existing developed property will be used
for an electronics security service or professional
offices.
That the free-standing sign erected on the subject
property in 1992 may remain standing as long as
District Investigation, Inc., owns Official Tax
Nos. 1271013 and 1271014, and either of those
parcels is used by that corporation for the purpose
of conducting an electronics security service
company. In all other respects signage on the
subject property shall be limited to that which is
permitted in C-1 zoning districts.
That for the rezoning of said parcel No. 1271013 a
subdivision plat will be prepared in accordance
with the City of Roanoke Subdivision Regulations
combining both properties and will be duly recorded
by said petitioner within six (6) months of the
effective date of the ordinance rezoning said
property.
That any additions to the existing building would
be one story and such additions would have the same
roof pitch as the existing building.
ee
That the parking lot will be at the rear of the
building.
fe
That the proposed conditions in a, b, c, d and e
above will be applicable to Official Tax Nos.
1271013 and 1271014 or a combination thereof.
NOTE: These proffers replace all the proffered conditions
approved in 1986.
Planning Commission public hearinq was held on Wednesday,
April 7, 1993. Mr. Neil McNally, attorney, appeared
before the Commission on behalf of the petitioner,
District Investigation, Inc. He stated that he was
presenting the fourth amended petition which was
essentially the same as previously presented except that
he was asking that all the previous proffered conditions
be substituted. Mr. McNally then summarized the
conditions contained in the fourth amended petition and
informed the Commission that the new conditions as
presented would be applicable to both tax map numbers.
Page 5
III.
Mrs. Dorsey reviewed the previous Commission and City
Council action on the request. She informed the
Commission that the fourth amended petition as presented
was a compromise addressing the various issues and
discussions that had been previously identified in the
rezoning request as well as would meet the immediate
needs of the petitioner. Mrs. Dorsey stated that the
staff was now recommending approval of the request as
presented with the fourth amended petition and new
proffers as set forth.
No one from the audience appeared before the Commission
to speak in favor or in opposition to the request.
Issues:
ae
Zoninq of the subject property (Tax Map No.1271014 and
Tax Map No. 1271013) will become conditional C-2, General
Commercial District, with the previous rezoning proffered
conditions being removed in their entirety and replaced
with the new proffers reflected in the fourth amended
petition.
Be
Land use would be the continuation of the existing
electronics security business or professional offices in
the future.
Siqnage on the subject property (both Tax Map Nos.
1271013 and 1271014) will remain as it currently exists
with the free-standing pole sign for as long as District
Investigation, Inc., owns the property and the property
is used for the conducting of the electronics security
service business. In all other respects, change of
ownership of the property or the relocation of the
electronics security business, the signage on the
property shall be limited to that which is permitted in
the C-i, Office District.
Other concerns raised by the Planning staff and at the
Planning Commission meeting held on December 2, 1992,
have been addressed in the fourth amended petition. The
exterior of the existing structure will remain
residential in character and any and all additions to the
building will be one story and of the same roof pitch as
the existing structure; furthermore, that the parking
area will remain in the rear of the lot and existing
structure. If and when in the future an addition is
proposed to the rear of building, the buffering
requirements for the off-street parking area will be
addressed through the site development plan review.
Page 6
IV. Alternatives:
ae
City Council approve the request to rezone and to amend
proffered conditions.
Zonina of both tracts would become conditional C-2,
General Commercial District, with new proffered
conditions pertaining to use, signage, building
appearance and the location of the off-street
parking area. These new proffers will meet the
intent of the original rezoning of the property of
1986 in protecting the visual aesthetics of the
Wonju Street area.
Land use would be consistent with the zoning and
the future land uses would be in keeping with the
C-i, Office District. This would also be in
keeping with the land use and zoning pattern
desired for the Wonju Street area.
Siqnaqe on the property would be legal,
nonconforming for the current use of the property;
any future land use change to professional offices
would result in the signage being changed to
conform to the C-i, Office District.
Other concerns such as the exterior of the
structure and location of the off-street parking
have been adequately addressed.
City Council deny the request to rezone and to amend
proffered conditions:
Zonina of Tax Map No. 1271014 would remain
conditional C-2, General Commercial District, with
the use restricted to that of a beauty shop, the
signage restricted to that of the C-1 district, the
exterior of the structure to remain as is and the
off-street parking to be located in the rear of the
lot/existing structure. The zoning of Tax Map
1271013 would remain residential.
Land use will remain an electronic security service
business in violation of the previous rezoning
proffers; resolution of the use violation will have
to be pursued by the Zoning Administrator through
District Court action. Any future use of the
property would be restricted to the operation of a
beauty shop.
Page 7
Sianaae as it currently exists on the property
would be in violation of the previous rezoning
proffered conditions; resolution of this violation
would also have to be pursued by the Zoning
Administrator through District Court. Any future
signage on the property would be in accordance to
that permitted in the C-i, Office District.
Other concerns such as the maintenance of the
exterior of the structure to appear residential in
character and the location of the off-street
parking area in the rear of the building would be
enforced as part of the original rezoning proffered
conditions. All future uses of the property would
have to adhere to those conditions as well.
Recommendation:
Under all the circumstances pertaining to this case, the
Planning Commission, by a vote of 6-0 (Mr. Price abstained)
recommended approval of the request to rezone and to amend
proffered conditions finding that the proffers as set forth in
the fourth amended petition substantially address the current
use and needs of the subject property and owner as well as
adequately address the concerns and future development or
redevelopment of the property in the interests of the Wonju
Street area and the community as a whole.
Respectfully submitted,
Charles A. Price, ,Jr., Chairman
Roanoke City Planning Commission
CAP:EDD:mpf
attachments
cc: Assistant City Attorney
Director of Public Works
City Engineer
Building Commissioner/Zoning Administrator
Attorney for the Petitioner
MARY F. PARKER
City Clerk, CMC/AAE
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Ronnoke, Virginia 24011
Telephone: (703) 981-2541
SAND]PA H. EAKIN
Deputy City Clerk
March 24, 1993
File #51
Mr. Charles A. Price, Jr., Chairperson
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 fourth amended petition from Barry M. Tatel,
Attorney, representing District Investigation, Inc., in connection with a request
relative to two tracts of land located in the City of Roanoke; viz: 2311 Sanford
Avenue, S. W., in order to remove the proffered conditions for rezoning on said
tract of land; and that a tract of land described as Official Tax No. 1271013, be
rezoned from RM-1, Residential Multi-family, Low Density District, to C-2, General
Commercial District, subject to certain conditions.
Sincerely,
City Clerk
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Eno.
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The Honorable Mayor and Members of the Roanoke City Council
Mr. Barry M. Tatel, Attorney, Key and Tatel, P. O. Box 1625, Roanoke,
~r .ginla 24008
John R. Mariles, Agant~ City Planning Commission
Mr. Ronald H. Miller, Building Commissioner]Zoning Adwiuistretor
Ms. Evelyn D. Dorsey, Acting Assistant Zoning Administrator
Mr. Steven J. Talevt, Assistant City Attorney
VIRGINIA:
IN RE:
IN THE COUNCIL OF THE CITY OF ROANOKE
Rezoning of two tracts of land lying
in the City of Roanoke: The first
tract at 2311Sanford Ave., S.W. to
remove the conditions on such tract;
and to rezone the tract known as
Official Tax Number 1271013 from RM-1,
Residential Multifamily District, to
C-2, General Commercial District,
subject to certain conditions
FOURTH AMENDED PETITION
TO REZONE AND TO CHANGE
PROFERRED REZONING
CONDITIONS
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE:
1. By Ordinance No. 28168, adopted by this Council on May 27, 1986,
one of the parcels of property which is the subject of this Petition identified
as Official Tax No. 1271014 was rezoned from C-1, Office and Institutional
District to C-2 General Co~nercial District, subject to certain conditions
proffered by the then petitioner, Dorothy M. Ferguson. A copy of that ordinance
is attached hereto as Exhibit A.
2. The petitioner, District Investigation, Inc., owner of 2311Sanford
Avenue, Official Tax Number 1271014 and Official Tax Number 1271013, does hereby
submit a request to remove the previously proffered conditions on Official Tax
Number 1271014 and to rezone Official Tax 1271013. The Tract with Official Tax
N~nber 1271014 is currently zoned C-2, General Con~nercial District, and Official
Tax Nu~er 1271013 is currently zoned RM-1, Residential Multtfamily District. A
map of the property to be rezoned is attached is Exhibit B.
3. Pursuant to Articles VII and VIII of Chapter 36, Code of the City
of Roanoke (lg7g), as amended, the petitioner requests that Official Tax Number
1271014 remain zoned as C-2, but to have the conditions previously imposed on
that property removed and replaced by the condltions as set forth hereinafter.
The conditions previously placed on Tax Number 1271014, as set forth in Exhibit
C, were that such property would be used only for the purpose of operating a
beauty shop; that the outside of the structure at 2311 Sanford Avenue will
rematn as it is now and the parking lot will be at the rear of the building; and
any signs placed on the property would be in compliance with C-1 zoning
distrlct. The petltloner requests that the aforesaid conditions on Official Tax
Number 1271014 be removed so as to allow the petltioner, who is currently using
the property under the trade name of State Security Systems to continue to
operate there and that the hereinafter proffered conditions be adopted so that
the property In the future may be used for other similar companies or
professional offlces.
4. That subsequent to the adoption of said Ordinance No. 28168, the
petitioner has concluded that its existing use of the developed property is
prohlbtted by the current conditions and such conditions were not known to the
petltloner at the time of purchase. Accordingly, the petitioner wishes to
remove the present (1986) zoning conditions and in place of them proffers the
following conditions:
a) That the existing developed property w111 be used for an
electronics securtty servlce or professional offices,
b) That the free-standing slgn erected on the subject property
In 1992 may remain standing as long as Dlstrtct Investigation, Inc. owns
Offlcta! Tax Nos. 1271013 and 1271014 and etther of those parcels ts used by
that corporation for the purpose of conducting an electronics security service
company. In all other respects slgnage on the subject property shall be limited
to that whlch Is permitted In C-1 zoning districts.
c) That for the rezontng of sald parcel No. 1271013 a
subdivision plat wlll be prepared in accordance wlth the City of Roanoke
Subdivision Regulations combining both properties and will be duly recorded by
sald petitioner wtthin six (6) months of the effective date of the ordinance
*ezoning satd property.
d) That any additions to the existing building would be one
story and such additions would have the same roof pitch as the existing
building.
e) That the parklng lot w111 be at the rear of the building.
f) That the proposed condltlons In a, b, c, d and e above will
be applicable to Offlclal Tax Nos. [2710[3 and 127[014 or a combination thereof.
5. The petltioner further requests pursuant to the aforesaid articles
of the Code of the City of Roanoke that Offlctal Tax Number 1271013 be rezoned
from RH-1, Residential Hultlfamlly Dtstrlct to C-2, General Commercial District,
and In furtherance of said request states that sald property would be used for
the operation of the buslness known as State Securtty Systems and such rezoning
would allow for the use of the property by State Security Systems or
)rofessional offices, and would be subject to the proffers set forth in
paragraph 4.
6. The petitioner believes that the rezoning of said tract of land
will further the intent and purposes of the City's Zoning Ordinance and its
comprehensive plan, and will allow an acceptable alternative use of the
)roperty.
7. Attached as Exhibit O are the names and addresses of the owner or
owners of all lots or property immediately adjacent to or immediately across the
street or road from the property to be rezoned.
WHEREFORE, the petitioner requests that the conditions previously
imposed on Official Tax No. 1271014 be removed and replaced by the conditions
set forth hereinabove and that Official Tax No. 1271013 be rezoned from RM-1,
Residential Multlfamily District to C-2, General Commercial District, all in
accordance with the provision of the zoning ordinances of the City of Roanoke.
Barry M. Tatel, Esquire
Nell E. McNally, Esquire
KEY AND TATEL
Post Office Box 1625
Roanoke, Virginia 24008
(703)982-0007
Counsel for Petitioner
Respectfully submitted,
DISTRICT INVESTIGATION, INC.
~ Of Counsel
,,/ OAN(hKI I ~'"
PROI)OS
RI-:ZC)NING
t I
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IN THE COUNCIL OF '£ME C!T¥ OF t~].~NOKE. VIRGINIA,
The 27~h day of May, 1986,
No. 28168.
AN ORDIN.'~C£ amending Ordinance No. 29088. adopled April 2l. L~
rezoning certain property within the City, subject to certain uoa,l~
lions proffered by the applicants; and providing for an emergency.
WHEREAS, on April 21. 1986, Council adopted Ordinance No.
rezoning two pureel~ located at 2302 Colonial Avenue, S. W..
Sandford Avenue. S. W.. designated on Sheet No. 127 of the
lg?8 Zone Map aa Official Tax Nos. 1271000 and 12?10[4, re~pectiv,l).,
subject to certain condition~ proffered by the applicants; and
Wlt~l~,~, Ordinance No. 28098 incorrectly refers to the parcel
2302 Colonial Avenue. S. W.. as bearing Official Tax No. 1271U08.
this erroneous n~nbe'r was used .in the applicants' petition and all
subsequent documents in connection with the rezonin~.
Tt~I?J~FOP, J~, BE IT OILIiI~INED by the Council of the City of Roanoke
that:
t.
to change
1271006 so
provide as
Ordinance No. 28088 be and it is hereby amended and reorclaia~d
the incorrect reference to what should be Official Tax No.
that the final paragraph of said ordinance will read and
fo*l 1 ows:
#Property described es two parcels located at 2302 Colonial
S. W.. end 2311 Sanford Avenue. S. W., designated On Sheet No. 127 of
the Sectional 1976 Zone Map, City of Roanoke, aa Official Tax Nod.
1271006 and 1271014, respectively, be, and la hereby rez0ned ~rom
trier, aubjeet to rhode eonaitiona proffered by and art forth in
applieanta' petition, aa filed with the City Clerk on February
filed with the City Clerk on March 12, 1980, and that Sheet No.
of the Zone Map ba changed in thio respect,"
2. in order to provide for the usual daily operation of
municipal govern{nent, an emergency ia deemed to e~iit, and thi~
ATTEST:
City
'V
EXHIBIT B
,/.
EXHIBIT B
' EXHIBIT C
CiTY '
VIRGINIA;
IN THE COUNCIL OF THE CITY OF ROANOKE
TO THE HONOR^BLE MAYOR AND MEMBERS OF THE COUNCIL OF THE Cl i'F 3F
2302 Colonial Avenue (BiraciAl TAx NO. 127t008), And Docs[h/ .1.
do hereby submit a requeit for rezonini. The said tr~ccs ~c~
currently zondO C-t, Office ~ Institutional District. A m.p
2. Pursuant to Artioles VII and VIii of Chapter
Institutional District, to C-2, C.neral Comm~fct'~l Otstrl¢,..
Bounoam"'/ And operattnj a beauty shop on Tax No. t27tOt~.
Zontn{ Ordinance &nd its oomprahenstve plan, an~ will ~llo~ ~n
The petitioners herQby profter and a~ree that
to, ind that the petitioners will ~bl~e by the
The proper~y at 23~1 ~anfor~ Avenue,
rezon~o, will Oe u$.~ only for t~e
opera~ln~ ~ beauty shop, and proper~y at 230.:
The outside o~ the s~ruc~ure at
p~rkin~ lot will be at the rear
(~ee Exhibit
provisions
of the Zontn~ Ordinance of tho City of Roanoke.
RE;
IN THE COUNCIL OF THE CITY OF ROANOKE
Otfic~ & Institutional District,
¢onOi[ton~.
t986
OF THE COUNCIL OF THE CITY
TO THE HONORABLE MAYOR AND MEMBER~
OF ROANOKE~
The pe[lttoner~ he~eoy amend Sec[ton ~ at [heir pe[it~on to
include [ho fallauin~ candi[tan:
~c. Out~lde ~t~n~e ~no other outside ~cttvlttes end uses
e
e
EXHIBIT D
NAHES AND AODRE~£$ FOR REZONiNG O~ SANFORD AVE., ~.W.
flames Glenn Walthall
ana Lee Ann Henry
3~70 £tzler
Troutvllle, VA 2417§
Official l~x No. 1271015
Leo N. Lampros
2L14 Colonial Ave., S.W.
Roanoke, VA 24015
Official Tax No. 1271016
Frank Bova Realty, Inc.
P. O. Oox 7777
Roanoke, VA 24019
Official Tax No. 1271006
Commonwealth of Virginia
O~pactment of Transpoctatlon
1401 Ease Ocoad St.
R{cl~on~, VA 23219
)AN~qKF'
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JJ
.PlI OP
MARY F. PARKER
City Clerk, CMC/AAE
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (?05) 981-2~41
SANDRA H. EAKIN
Deputy City Clerk
April 22, 1993
File #51
Mr. Barry M. Tatel, Attorney
Key and Tatel
P. O. Box 1625
Roanoke, Virginia 24008
Dear Mr. Tatel:
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 will be held on
Monday, May 10, 1993, at 7:30 p.m., or as soon thereafter as the matter may be
heard, in the City Council Chamber, fourth floor of the Municipal Building, 215
Church Avenue, S. W., on the request of District Investigation, Inc. that existing
proffered conditions on property known as Official Tax No. 1271014, said tract of
land located at 2311 Sanford Avenue, S. W., known as Lot 13, Block 1, Map of
Coloniai Heights, be changed; and that a tract of land described as Official Tax No.
1271013 be rezoned from RM-1, Residential Multi-family, Low Density District, to
C-2, General Commercial District, subject to certain proffered conditions.
For your information, I am enclosing copy of a notice of the public hearing providing
for the rezoning and the change in the proffered conditions, which notice was
prepared by the City Attorney's Office. Please review the document and if you have
questions, you may contact Mr. Steven J. Taievi, Assistant City Attorney, at 981-
2431. Questions with regard to the City Planning Commission report should be
directed to Mr. John R. Marlles, Chief of Community Planning, at 981-2344.
g--~ ~ ~'Sincerely, ~~
Mary F. Parker, CMC/AAE
City Clerk
MFP: sm
May
Enc o
Mr. Barry M. Tatel, Attorney
April 22, 1993
Page 2
pc:
Mr. James Glenn Walthall and Lee Ann Henry, 3870 Etzler Road, Troutville,
Virginia 24179
Mr. Leo N. Lampros, 2114 Colonial Avenue, S. W., Roanoke, Virginia 24015
Frank Bova Realty, Inc., P. O. Box 7777, Roanoke, Virginia 24019
Commonwealth of Virginia Department of Transportation, 1401 E. Broad
Street, Richmond, Virginia 23219
~uA,OKE TIMc,~ & WC]RLD-NF~iS
20 NUMBER 4210190Y
PUBLISHER'S FEE $111,80
BARRY M TATEL
925 FIRST STREET S W
P 0 BOX 1625
ROANOKE VA 24005
'93 I~ 10 [~10:32
STATF OF VIRGINIA
CITY OF ROANOKE
AFFIDAVIT OF
PUBLICATION
19 (THE UNDERSIGNED} AN AUTHORIZED
REPRESENTATIVE OF THE TIMES-WORLD COR-
PORATION9 WHICH CORPORATION IS PUBLISHER
OF THE ROANOKE TIMES & WORLD-NEWS~ A
DAILY NEWSPAPER PUBLISHED IN ROANOKE~ IN
THE STATE OF VIRGINIA~ DC CERTIFY THAT
THE ANNEXED NOTICE NAS PUBLISHED IN SAID
NEWSPAPERS ON THE FOLLOWING DATES
04/23/93 MORNING
04/30/93 MORNING
WITNESS, THIS 1ST DAY OF MAY 1993
(I007)
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, May 10, 1993,
at 7:30 p.m., in the Council Chamber in the Municipal Building, 215
Church Avenue, S.W., on the question of changing existing proffered
conditions on property known as Official Tax No. 1271014, said
tract of land located at 2311 Sanford Avenue, S.W., known as Lot
13, Block 1, Map of Colonial Heights, and on the question of
rezoning from RM-1, Residential Multi-family, Low Density District,
to C-2, General Commercial District, Official Tax No. 1271013, 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 21st day of April , 1993.
Mary F. Parker, City Clerk.
Please publish in full twice, once on Friday, April 23, 1993, and once on
Friday, April 30, 1993, in the Roanoke Times and World-News.
Send publisher's affidavit to:
Send bill to:
Mary F. Parker, City Clerk
Room 456, Municipal Building
215 Church Avenue, S. W.
Roanoke, Virginia 24011-1536
Mr. Barry M. Tatel, Attorney
Key and Tatel
P. O. Box 1625
Roanoke, Virginia 24008
TO THE CITY CLERK OF THE CITY OF ROANOKE,
PERTAINING TO THE REZONING REQUEST OF:
'93 P, hR29 P3:20
Request from District Investigations, Inc.,
represented by Barry M. Tatel, Attorney, that
conditions approved pursuant to Ord. No. 28168
rezoning the tract of land described as Official
Tax No. 1270104, and located on Sanford Avenue,
S.W., be amended, and that a tract of land
designated as Official Tax No. 1271013, be rezoned
from RM-1, Residential Multifamily, Low Density
District, to C-2, General Commercial District.
.Affi-
davit
COMMONWEALTH OF VIRGINIA)
)
CITY OF ROANOKE )
TO-WIT:
The affiant, Martha Pace Franklin, first being duly sworn,
states that she is 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 29th day of March,
1993, notices of a public hearing to be held on the 7th day of
April, 1993, on the rezoning captioned above to the owner or agent
of the parcels listed below at their last known address:
Parcel Owner, Aqent or OccuDant
Address
1271015
James Glenn Walthall
Lee Ann Henry
3870 Etzler Road
Troutville, VA
1271016 Leo N. Lampros 2114 Colonial Avenue
Roanoke, VA 24015
1271006
Frank Bova Realty, Inc.
P. O. Box 7777
Roanoke, VA 24019
Commonwealth of VA
VDOT
Mar~t a p~a~a ce &CF~r a~
1401 E. Broad Street
Richmond, VA 23219
SUBSCRIBED AND SWORN to before me, a Notary Public,
the City of Roanoke, Virginia, this 29th day of March, 1993.
Notary Public
in
My Commission Expires:
MARY F. PABRER
City Clerk, CMC/AA.E
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703) 981-2541
SANDRA H. EAKIN
Deputy City Clerk
March 24, 1993
File 4/51
Mr. Charles A. Price, Jr., Chairperson
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 fourth amended petition from Barry M. Tatel,
Attorney, representing District Investigation, Inc., in connection with a request
relative to two tracts of land located in the City of Roanoke; viz: 2311 Sanford
Avenue, S. W., in order to remove the proffered conditions for rezoning on said
tract of land; and that a tract of land described as Official Tax No. 1271013, be
rezoned from RM-1, Residential Multi-family, Low Density District, to C-2, General
Commercial District, subject to certain conditions.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: s m
r/district
Enc.
The Honorable Mayor and Members of the Roanoke City Council
Mr. Barry M. Tatel, Attorney, Key and Tatel, P. O. Box 1625, Roanoke,
VirKinia 24008
Mr. John R. Mariles, Agent, City Planning Commission
Mr. Ronald H. 1Vflller, BuiJdtng Commissioner/Zoning Administrator
Ms. Evelyn D. Doreey, Acting Assistant Zoning Administrator
Mr. Steven J. Talevi, Assis*ant City Attorney
VIRGINIA:
IN RE:
IN THE COUNCIL OF THE CITY OF ROANOKE
'93
Rezoning of two tracts of land lying
in the City of Roanoke: The first
tract at 2311Sanford Ave., S.W. to
remove the conditions on such tract;
and to rezone the tract known as
Official Tax Number 1271D13 from RM-1,
Residential Multifamily District, to
C-2, General Commercial District,
subject to certain conditions
FOURTH AMENDED PETITION
TO REZONE AND TO CHANGE
PROFERRED REZONING
CONDITIONS
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE:
1. By Ordinance No. 28168, adopted by this Council on May 27, 1986,
one of the parcels of property which is the subject of this Petition identified
as Official Tax No. 1271014 was rezoned from C-1, Office and Institutional
District to C-2 General Commercial District, subject to certain conditions
proffered by the then petitioner, Dorothy M. Ferguson. A copy of that ordinance
is attached hereto as Exhibit A.
2. The petitioner, District Investigation, Inc., owner of 2311Sanford
Avenue, Official Tax Number 1271014 and Official Tax Number 1271013, does hereby
submit a request to remove the previously proffered conditions on Official Tax
Number 1271014 and to rezone Official Tax 1271013. The Tract with Official Tax
Number 1271014 is currently zoned C-2, General Commercial District, and Official
Tax Number 1271013 is currently zoned RM-1, Residential Multifamily District. A
map of the property to be rezoned is attached is Exhibit B.
3. Pursuant to Articles VII and VIII of Chapter 36, Code of the City
of Roanoke {1979}, as amended, the petitioner requests that Official Tax Number
1271014 remain zoned as C-2, but to have the conditions previously imposed on
that property removed and replaced by the conditions as set forth hereinafter.
The conditions previously placed on Tax Number 1271014, as set forth in Exhibit
C, were that such property would be used only for the purpose of operating a
beauty shop; that the outside of the structure at 2311 Sanford Avenue will
remain as it is now and the parking lot will be at the rear of the building; and
any signs placed on the property would be in compliance with C-1 zoning
district. The petitioner requests that the aforesaid conditions on Official Tax
Number 1271014 be removed so as to allow the petitioner, who is currently using
the property under the trade name of State Security Systems to continue to
operate there and that the hereinafter proffered conditions be adopted so that
the property in the future may be used for other similar companies or
professional offices.
4. That subsequent to the adoption of said Ordinance No. 28168, the
petitioner has concluded that its existing use of the developed property is
prohibited by the current conditions and such conditions were not known to the
petitioner at the time of purchase. Accordingly, the petitioner wishes to
remove the present {1986) zoning conditions and in place of them proffers the
following conditions:
a) That the existing developed property will be used for an
electronics security service or professional offices.
b) That the free-standing sign erected on the subject property
in 1992 may remain standing as long as District Investigation, Inc. owns
Official Tax Nos. 1271013 and 1271014 and either of those parcels is used by
that corporation for the purpose of conducting an electronics security service
company. In all other respects signage on the subject property shall be limited
to that which is permitted in C-1 zoning districts.
c) That for the rezoning of said parcel No. 1271013 a
subdivision plat will be prepared in accordance with the City of Roanoke
Subdivision Regulations combining both properties and will be duly recorded by
said petitioner within six (6) months of the effective date of the ordinance
rezoning said property.
d) That any additions to the existing building would be one
story and such additions would have the same roof pitch as the existing
)uilding.
e) That the parking lot will be at the rear of the building.
f) That the proposed conditions in a, b, c, d and e above will
be applicable to Official Tax Nos. 1271013 and 1271014 or a combination thereof.
5. The petitioner further requests pursuant to the aforesaid articles
of the Code of the City of Roanoke that Official Tax Number 1271013 be rezoned
from RN-1, Residential Multifamily District to C-2, General Commercial District,
and in furtherance of said request states that said property would be used for
the operation of the business known as State Security Systems and such rezoning
would allow for the use of the property by State Security Systems or
~rofessional offices, and would be subject to the proffers set forth in
paragraph 4.
6. The
will further
comprehensive
property.
petitioner believes that the rezoning of said tract of land
the intent and purposes of the City's Zoning Ordinance and its
plan, and will allow an acceptable alternative use of the
7. Attached as Exhibit D are the names and addresses of the owner or
owners of all lots or property immediately adjacent to or immediately across the
street or road from the property to be rezoned.
WHEREFORE, the petitioner requests that the conditions previously
imposed on Official Tax No. 1271014 be removed and replaced by the conditions
set forth hereinabove and that Official Tax No. 1271013 be rezoned from RM-1,
Residential Multifamily District to C-2, General Commercial District, all in
accordance with the provision of the zoning ordinances of the City of Roanoke.
Barry M. Tatel, Esquire
Nell E. McNally, Esquire
KEY AND TATEL
~ost Office Box 1625
Roanoke, Virginia 24008
(703)982-0007
Counsel for Petitioner
Respectfully submitted,
DISTRICT INVESTIGATION, INC.
~ Of Counsel ~- /
IN TH~ COUNCIL OF '£H'E C!T¥ OF
The 27~h day of May, 1986,
NO. 28168.
ROANOKE° V 1 RL]IN IA,
AN ORDINANCE amending Ordinance No.
rezoning certain property within lhe City,
lions proffered by the applicants; and
WHEREAS, on April 21, 1988,
retching two parcels located at
28088, adopted April 21,
subject [o certain con,ii-
providing for an emergency.
Council adopted Ordinance No. 280~,
2302 Colonial Avenue. S. W.. and
Sandford Avenue. S. W.. designated on Sheet No. 127 of the
1978 Zone Map as Official Tax Non. 1271006 and 1271014, respeetiv,:ly,
uubjecl to certain conditions proffered by 1he applicant~; and
W~, Ordinanc~ No. 28088 incorrectly refers to the parcel
2302 Colonial Avenue, S. W., as bearing Official Tax No.
this erroneous n~nbe'r was used .in the applicant9' petition and all
subsequent doe~enls in connection with the rezontng.
Ti~}~FOi~. BE IT Oi~i~D by the Council of the City of Roanoke
tha~:
1. Ordinance No. 280~8 be and i~ is hereby
to ~hange the incorrect reference to wha~ ~hould be Official Ta~ No.
1271006 so that the final paragraph of said ordinance will read and
provide as fo'llow~:
"Property described ~ two parcels located at 2302 Colonial
S. W., and 2311 Sanford Avenue. S. W., d~signated 0n Sheet No. 127
the Sectional 1976 Zon~ Map, City of Roanoke, a~ Official Tax Nos.
127100~ and 1271014, respectively, be, and is hereby vez0ned from
amended and reor~uincd
Office and Institutional Diatriot, to C-2, Oeneral Co~nereial
trio[, subject to tho~e eonditiona proffered by and act forth in
applicants' petition, aa filed with the City Clerk on February l~.
1586, and ae amended by an A~)ended Petition dated March 11, 198~.
filed with the City Clerk on March 120 1986, and thai Sheet No.
of the Zone Map be chanEed in thi~ respect,"
2. .In order to provide for the uaual daily operation of
municipal government, an emergency ia deemed to ex/st, and thi~
nanee shall be in fuit force ~ad effect upon tt~.pa~aage.
ATTEST:
City Cl=rk.
EXHIBIT B
0
EXHIBIT B
EXHIBIT C
CITY
VIRGINIA:
IN THE GQUNCIL OF THE CITY OF ROANOKE
TO THE HONORABLE HAYOR AND HEHBER$ OF THE COUNCIL OF THE ClTT JF
ROANOKe;
I. The petitioners, Colonial Avenue A~ocl~te~,
2302 Colonial Avenue (Official Tax No. 1271008), and Oorocn~ ~q.
Fergu~on, who ha~ · contract to purch~a.approx~mately
~o hereby ~ubmlt a request for rezon[ni. The ~ai~ tract~
currently =one~ C-t, Office & In~tttuttonal D~trtct. A
ot the propertte~ to be r~zone~ l~ ~ttached ~ Eahibit
2. Pursuant to ^rti¢le~ VII end VIii ot Chapter
of the City of R~anoke (1979), as amended, the pettttonor~
Institutional District, to C-2, C~ner&l Commerc['al
for the purposes ~f axtendtn~ an existin~ C-2 District
Bounoa~/ and operattn~ ~ beauty ~hop on Tax No. I27tOt~.
3. The petitioners ~witeve that the rezontn~ ot
Zoning Or~tnanoe [n~ tt~ comprehensive plan, ~n~ will ~11o~
¢ondition~
~, ' The petition~r~ h~r~y proffer ~nd agre~ that ir
l{ rezon~ ~l r~qu~t~, that ~h~ rezontng ~lll
~n~ that th~ p~itlon~r~ ~tll ~bi~e by tho
operatin~ ~ beauty ~hop, ~n~ property at 230:
ColoniAl ^v~nue, ~, will be u~od only for al r i,:~
And In~titutionAI puFpo~e~.
b. The out{ide ot the
Avonu~, SW, will remain
parking {or wil! be ~t the
(~de Exhibit
At 23it SAntoro
it IL 'now, And
provl~lon~ o~ tho Zonin~ OrOin~nc~ or th~ ~ity o~ Roanoke.
R~pecttully submitted.
4566 Gird'rd Oriva~ $. W.
Roanoke, Vtrgini~ 24018
¥IRGINIA~
IN THE COUNCIL OF THE CITY OF ROANOKE
Re~ontn~ cf a tract of land lytn~
5antord Avenue. SU, fram C-t,
Otb;ce & Institutional District,
ta C-2, Genecal Cammerctal
Ammended
OF THE COUNCIL OF THE CITY
their petition to
TO THE HONORABLE MAYOR AND MEMBERS
OF ROANOKE: '
Th~ petitioners herelay amend Section q at
include the iai IowlniJ condition:
Outside sl~na~e and other outs[de activities and
~hall meet the requirem~nt~ of the C-t =on~ and
permitted in conjunction with the proposed beauty shop
Respectful ly submitted,
~ co,.,..,,. ,I,,.
-¢..,....
~,56~.,/G l r a r d g r {/ye.
Rcanok,~. VA 2~0t8
EXHIBIT D
NAMES AND ADDRESSES FOR REZONING ON SANFORO AVE., S.W.
James Glenn Walthall
and Lee Ann Henry
3870 Etzler Rd.
Troutville, VA 24175
Officia) Tax No. 1271015
Leo N. Lampros
2114 Colonial Ave., S.W.
Roanoke, VA 24015
Official Tax No. 1271016
Frank Bova Realty, Inc.
P. O. 8ox 7777
Roanoke, VA 24019
Of~iclal Tax No. 127100~
Commonwealth of Virginia
O~partment of Transportation
1401 fasC Broad S£.
Richmond, VA 23219
I
/
!
I
I
/
/
TO THE CITY CLERK OF THE CITY OF ROANOKE,. VIRGINIA
3
22 P5:43
PERTAINING TO THE REZONING REQUEST OF:
Request from District Investigations, Inc.,
represented by Barry M. Tatel, Attorney, that
conditions approved pursuant to Ord. No. 28168
rezoning the tract of land described as Official
Tax No. 1270104, and located on Sanford Avenue,
S.W., be amended, and that a tract of land
designated as official Tax No. 1271013, be rezoned
from RM-1, Residential Multifamily, Low Density
District, to C-2, General Commercial District.
Affi-
davit
COMMONWEALTH OF VIRGINIA)
)
CITY OF ROANOKE )
TO-WIT:
The affiant, Martha Pace Franklin, first being duly sworn,
states that she is 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 22nd day of
February, 1993, notices of a public hearing to be held on the 3rd
day of March, 1993, on the rezoning captioned above to the owner or
agent of the parcels listed below at their last known address:
Parcel Owner. Aaent or Occupant
Address
1271015
James Glenn Walthall
Lee Ann Henry
3870 Etzler Road
Troutville, VA
1271016
Leo N. Lampros
2114 Colonial Avenue
Roanoke, VA 24015
1271006 Frank Bova Realty, Inc. P.O. Box 7777
Roanoke, VA 24019
Commonwealth of VA
VDOT
1401 E. Broad Street
Richmond, VA 23219
SUBSCRIBED AND SWORN to before me, a Notary Public, in
the City of Roanoke, Virginia, this 22nd day of February, 1993.
MARY F. PARKER
City Clerk, CMC/AAE
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703) 981-2541
SANDRA H. EAKIN
Deputy City Clerk
May 21, 1993
File #337=467-472
Mr. George R. Hesser
Marketing Manager
Virginia Correctional Enterprises
P. O. Box 27423
Richmond, Virginia 23261
Mr. Douglas H. Hyre
Vice President
Harris Office Furniture Co., Inc.
347 W. Campbell Avenue
Roanoke, Virginia 24016
Gentlemen:
I am enclosing copy of Resolution No. 31474-051793 rejecting all bids for providing
furniture and equipment for the Jefferson Center and authorizing purchase of
certain items of furniture and equipment from Virginia Correctional Enterprises, a
division of tha Virginia Department of Corrections. Resolution No. 31474-051793 was
adopted by the Council of the City of Roanoke at a regular meeting held on Monday,
May 17, 1993.
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for submitting your bid on the office furniture. Sincerely, ~D~
Mary F. Parker, CMC/AAE
City Clerk
MFP: sm
Enc.
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 17th day of May, 1993.
No. 31474-051793.
A RESOLUTION rejecting all bids for providing furniture and
equipment for the Jefferson Center and authorizing the purchase of
certain items of furniture and equipment from Virginia Correctional
Enterprises.
BE IT RESOLVED by the Council of the City of Roanoke as
follows:
1.
equipment for the Jefferson Center are hereby REJECTED.
2. The City Clerk is directed to notify all bidders and to
express to each the City's appreciation for said bids.
3. The City Manager is authorized to issue purchase orders
to procure for the Jefferson Center such items of furniture and
equipment as he deems appropriate from Virginia Correctional
Enterprises, a division of the Virginia Department of Corrections.
4. The City Manager is authorized to make any changes in the
scope of the project deemed advisable and to cause the revised
project to be readvertised for bids.
Ail bids received by the City for providing furniture and
ATTEST:
City Clerk.
WILBURN C. DIBLING, JR.
CITY A~FORNEY
CITY OF ROANOKE
OFFICE OF CITY ATTORNEY
464 MUNICIPAL BUILDING
ROANOKE, VIRGINIA 24011-1595
TELEPHONE: 703-981.2431
TELECOPIER: 703-981-2940
(:ITY .......
P l:43
WILLIAM X PARSONS
STEVEN J. TALEVI
KATHLEEN MARIE KRONAU
GLADYS L. YATES
ASSISTANT CITY ATTORNEYS
May 17, 1993
The Honorable Mayor and Members
Roanoke City Council
Roanoke, Virginia
Re: Bid Openinq - Jefferson Center Furniture and Equipment
Dear Mrs. Bowles and Gentlemen:
At the April 26, 1993 meeting of City Council, Council
received two bids for furnishing and installing furniture and
equipment at the Jefferson Center. Prior to public opening of the
bids, the City Clerk advised that one of the bids had been opened
in her office by mistake. I was asked to opine whether the bid
must be rejected for this reason.
According to the information received from the Clerk's Office,
the bid from Virginia Correctional Enterprises was received in the
Clerk's Office on Friday, April 23. The envelope which contained
the bid had a return address on the outside, but there was no
indication that a bid was inside. After the envelope was opened
and the nature of its contents was discovered, the envelope was
resealed. The bid information was not revealed to anyone outside
the Clerk's Office.
The Instructions to Bidders which were utilized in this case
required that each bidder place in the lower left-hand corner of
the envelope the project title and in the upper left-hand corner of
the envelope the bidder's name, its licensed class, Virginia
contractor number and mailing address. See Instructions to
Bidders, Section 10.1. The Instructions also advised that the City
would not be responsible for premature opening of bids not properly
addressed and identified. See Instructions to Bidders, Section
12.1.
As a general principle, a bid which does not comply with the
bid requirements is not responsive and may not be accepted by the
public body. In determining whether a bid complies with the bid
requirements, the City is permitted to waive informalities. See
Taylor v. County Board, 189 Va. 472, 53 S.E.2d 34 (1949). An
informality is a minor defect or variation from the exact
requirements of the bid documents which does not substantially
The Honorable Mayor and Members
Roanoke City Council
May 17, 1993
Page 2
affect the price, quality, quantity or delivery schedule for the
goods being procured and which does not compromise the integrity of
the competitive process. See S23.1-3, Code of the City of Roanoke
(1979), as amended.
In this case, the bidder's failure to comply with the
envelope-labeling requirements clearly did not affect price,
quality, quantity or delivery schedule. Under the circumstances of
this situation and given the fact that the bid was not disclosed,
I also am of the opinion that to accept the bid would not
compromise the integrity of the competitive process. Accordingly,
I conclude that City Council may, in its discretion, waive this
informality.
My determination is consistent with a ruling by the Attorney
General found in Report of the Attorney General (1978-1979) at 58.
In that instance, a bidder's failure to place its contractor
registration number on the envelope containing the bid was deemed
to be an informality which could be waived by the public body.
Although the envelope-labeling requirement is clearly spelled
out in the Instructions to Bidders, I recommend that the City
administration consider taking other steps to help prevent
recurrence of this problem. One alternative would be to include
among the bid documents a checklist which would make specific
reference to this requirement. Consideration should also be given
to providing pre-labeled envelopes of a distinctive color, which
would be clearly identified as a bid, for use by those interested
in submitting bids.
I will be pleased to respond to any questions which members of
Council may have about this matter.
With kindest personal regards, I am
City Attorney
WCDJ:dlJ
W. Robert Herbert, City Manager
Mary F. Parker, City Clerk
Kit B. Kiser, Director of Utilities and Operations
Roanoke, Virginia
May 17, 1993
Honorable Mayor and City Council
Roanoke, Virginia
Dear Members of Council:
SUBJECT:
BID COMMITTEE REPORT
FURNITURE FOR CITY OFFICES
JEFFERSON CENTER
540 CAMPBELL AVENUE, S.W.
ROANOKE, VIRGINIA
I. Background:
Bids, following proper advertisement, were publicly
opened and read aloud before City Council on April 26,
1993, for Furniture for City Offices at the Jefferson
Center.
Two (2) bids were received with Virginia Correctional
Enterprises submitting a bid for $61~795.00. The bid
included only the items manufactured and sold by the
Virginia Correctional System. Harris Office Furniture
Company, Inc. submitted a bid on the entire Contract in
the amount of $149~954.00 which included not only
furniture but also audio-visual equipment, special
furniture including map files, drafting tables and
stools, and other items as specified. The total bid
exceeded the budget.
II.
Issues
in order of importance are:
A. Compliance of the bidders with the requirements of the
contract documents.
B. Amount of the low bid.
C. Fundinq of the project.
D. Time of completion.
III. Alternatives are:
A. Reject all bids and re-bid as hereinafter described.
Compliance of Harris Office Furniture Company, Inc.
with the requirements of the contract documents was
met. However, their bid exceeded the project budget
by more than 16%. It was found the quantity could
not be reduced to meet the budget. Virginia
Correctional Enterprises bid on only the items they
manufacture and they did not post a bond or provide
proof of the required insurance.
2. Amount of the low responsive bid exceeds available
funding.
Fundinq would have to be increased to meet the bid
price. This funding is in the Jefferson Center
Project account.
Time of completion was specified to be from
September 1, 1993, until September 25, 1993. This
time schedule can still be met even if we reject
both bids at this time.
Award a lump sum contract to Harris Office Furniture Co.,
Inc., in the amount of $149~954.00 since this was the
only responsive bid.
Compliance of Harris Office Furniture Co., Inc.,
with the requirements of the contract documents was
met. The other bid received, (Virginia Correctional
Enterprises), did not comply with the requirements
of the Contract Documents.
2. Amount of the low responsive bid exceeded available
funding.
3. Fundinq for the low responsive bidder in the bid
amount is not available.
4. Time of completion can remain the same.
IV.
Recommendation is that City Council take the following
action:
A. Concur with the implementation of Alternative "A".
B. Reject both bids received and authorize the City Manager
to take the following action:
Purchase all furniture and equipment manufactured by
the Virginia Correctional Enterprises as covered by
their bid documents, less items that can be deleted
by each department to be replaced by items that now
exist and can be re-used in the new facility. This
can be accomplished through the City's ability to
buy from the State on their yearly contracts as
outlined in the procurement code.
Engineering will alter the Contract Documents to be
bid in individual packages as to supplier; such as
Audio-Visual equipment from that supplier, exercise
equipment from that supplier, etc. All these bids
opened by the General Services Manager and Purchase
Orders issued where possible. All bids over
Purchase Order limits will be reported to Council
for their approval plus the report on purchase
orders on this contract package.
Respectfully submitted,
William White, Sr., Chai~an
W. ~bert Herbert, City Manager
WW/LBC/fm
Attachment:
Tabulation of Bids
cc:
City Attorney
Director of Finance
Director of Public Works
Director of Utilities & Operations
Director of Administration and Public
Citizens' Request for Services
City Engineer
Construction Cost Technician
Safety
BID TABULATION
FURNITURE FOR CITY OFFICES
JEFFERSON CENTER
540 CAMPBELL AVENUE, S.W.
ROANOKE, VIRGINIA
PROJECT NUMBER 36-93A
Bids were opened before City Council on Monday, April 21, 1993,
at 2:00 p.m.
BIDDER I LUMP SUM
Harris Office Furniture
Co., Inc. $149,954.00
Virginia Correctional
Enterprises $ 61,795.26
Funding Available:
Telephone Installation:
Available for Furniture:
$150,000.00
20~000.00
$130,000.00
W~il~l~a~'4~hite, Sr., Ch~rman
W.~obert Herbert
Cit~Manager
Office of City Engineer
Roanoke, Virginia
May 17, 1993
MARY F. PARKER
City Clerk, CMC/AAE
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (70~) 981-2~41
SANDRA H. EAKIN
Deputy City Clerk
May 21, 1993
File #51
Mr. W. H. Fralin, Attorney
Jolly, Place, Fralin and Prillaman, P.C.
3912 Electric Road, S. W.
Roanoke, Virginia 24018
Dear Mr. Fralin:
I am enclosing copy of Ordinance No. 31443-051793 amending conditions previously
proffered on the rezoning of a parcel of land located at 3342 Melrose Avenue, N. W.,
described as Official Tax No. 2660417. Ordinance No. 31443-051793 was adopted by
the Council of the City of Roanoke on first reading on Monday, May 10, 1993, also
adopted by the Council on second reading on Monday, May 17, 1993, and will take
effect ten days following the date of its second reading.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: sm
Erie.
pc:
Mr. W. Price Fields, P. O. Box 4576, Roanoke, Virginia 24018
Mr. Kevin L. Hepinstall, P. O. Box 6322, Roanoke, Virginia 24017
Mr. U. A. Hoal, 3621 Oakiawn Avenue, N. W., Roanoke, Virginia 24012
Roanoke Investments Associated, 101 S. Jefferson Street, Suite 400,
Roanoke, Virginia 24011
Mr. and Mrs. Edgar Prfllaman, 1002 Winona Avenue, S. W., Roanoke,
Virginia 24015
Mr. Charles H. Havnaer, P. O. Box 6357, Roanoke, Virginia 24017
F. V. Cemetery Company, Inc., P. O. Box 6321, Roanoke, Virginia 24017
Mr. W. Robert Herbert, City Manager
Mr. Wilburn C. Dibling, Jr., City Attorney
Mr. W. H. Fralin, Attorney
May 21, 1993
Page 2
pc:
Mr. Steven J. Talevi, Assistant City Attorney
Mr. Willard N. Claytor, Director of Real Estate Valuation
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, Agent, City Plauning Commission
Ms. Evelyn D. Dorsey, Acting Assistant Zoning Administrator
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 17th day of May, 1993.
No. 31443-051793.
AN ORDINANCE to amend S~36.1-3 and 36.1-4, Code of the City of
Roanoke (1979), as amended, and Sheet No. 266, Sectional 1976 Zone
Map, City of Roanoke, in order to amend certain proffered
conditions presently binding upon certain property previously
conditionally rezoned from C-2, General Commercial District, to LM,
Light Manufacturing District.
WHEREAS, application has been made to the Council of the City
of Roanoke to amend certain proffered conditions presently binding
upon a tract of land described as a 3.024-acre tract of land,
commonly known as 3342 Melrose Avenue, N.W., being further
identified as Official Tax No. 2660417, which property was
previously conditionally rezoned by the adoption of Ordinance No.
30040-52190, adopted May 21, 1990; and
WHEREAS, the City Planning Commission, 'which after giving
proper notice to all concerned as required by S36.1-693, Code of
the City of Roanoke (1979), as amended, and after 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 May 10, 1993, 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 amendment; and
WHEREAS, this Council, after considering the aforesaid
application, the recommendation made to the Council by the Planning
Commission, the City's Comprehensive Plan, and the matters
presented at the public hearing, is of the opinion that the
proffered conditions now binding upon the above-described property
should be amended as requested.
THEREFORE, BE IT ORDAINED by the Council of the City of
Roanoke that §§36.1-3 and 36.1-4, Code of the City of Roanoke
(1979), as amended, and Sheet No. 266 of the Sectional 1976 Zone
Map, City of Roanoke, be amended, with respect to Official Tax No.
2660417, so that Official Tax No. 2660417 will be subject to the
following proffered conditions: The subject property shall be used
only for any the following purposes: (a) General storage and
warehousing establishment engaged in the storage of miscellaneous
merchandise not for sale on the same premises; (b) Establishment
engaged in the wholesale distribution of goods; and (c) No outside
storage will be allowed on the premises.
ATTEST:
City Clerk.
'93 APR 20
P4:50
Roanoke City Planning Commission
May 10, 1993
The Honorable David A. Bowers,
and Members of City Council
Roanoke, Virginia
Mayor
Dear Mayor Bowers and Members of Council:
Subject:
Request from HASI Partnership, represented by
W. H. Fralin, attorney, that certain
conditions proffered in conjunction with the
rezoning of a tract of land containing 3.024
acres located at 3342 Melrose Avenue, N.W,
Official Tax No. 2660417, be amended.
I. Backaround:
Sub' ct r err was rezoned from C-2, General Commercial
District to LM, Light Manufacturing District, subject to
certain proffered conditions, by Ord. No. 30040-51290 on
May 21, 1990.
Purpose of the original rezoning request was to permit
the renovation of an existing structure to be used as a
manufacturing facility (cut and sew) with offices,
warehousing, and retail space. Planning Commission
members expressed concerns with possible incompatible LM
development on this property.
Proffered conditions as part of the original rezoning
request approved on May 21, 1990, are as follows:
That the manufacturing facility to be operated on
the property shall make use of the existing
structure on the property and that there will be no
outdoor storage of materials.
That if the Petitioner does not enter into a lease
with Valley Apparel, Inc., as to the property
within 120 days from the date of final zoning
approval, the zoning shall revert to C-2 (General
Commercial District) without further action by City
Council.
3. The Petitioner will require its Lessee to comply
with the Melrose Avenue Street Tree Master Plan.
Room 355 Munlci~c~ol Building 215 Churd~ Avenue, S."~Z Roanoke, Virginia 240t 1 (703) 98 t-2344
Fe
Page 2
The use of the property shall be limited to a
manufacturing establishment primarily engaged in
the manufacturing, assembly, distribution,
processing or other processes related to the
creation of new clothing products and including as
an accessory use, the retail sale of goods
manufactured on the premises.
Current~, filed on March 10, 1993, seeks to amend
the original proffered conditions as part of the rezoning
approved on May 21, 1990, by removing said proffers in
their entirety and substituting the following proffered
condition in their place:
That the subject property shall be used only for
any of the following purposes:
ae
Laboratory and testing facility not accessory
to a specific use including photographic
laboratory, industrial testing facility and
similar uses.
General storage and warehousing establishment
engaged in the storage of miscellaneous
merchandise not for sale on the same premises.
c. Establishment engaged in the wholesale
distribution of goods.
de
General service establishment primarily
engaged in the repair or maintenance of goods
or items including automobiles, trucks,
construction equipment and the provision of
business services provided all repair and
maintenance activities are wholly enclosed in
a building and provided that the gross floor
area of all new buildings for such uses is not
less than five thousand (5,000) square feet.
ee
As a special exception use provided for in the
City of Roanoke Zoning Ordinance,
establishment primarily engaged in the sale or
rental of trucks and construction equipment
including incidental repair of vehicles.
Purpose of the current petition is to provide for a mail
order operation employing approximately 200 employees and
to allow limited LM uses of the developed property in the
future.
Staff has conferred with the petitioner's counsel
regarding the Planning Commission's previous concerns
Page 3
with use of this property for manufacturing purposes and
has encouraged the petitioner to place further
restrictions on the use of the property. At the time of
the report preparation, counsel indicated that he
believed the petitioner would be willing to eliminate
proffer (e) from the petition and would be willing to
proffer that no outside storage would be permitted on the
property.
Planning Commission public hearinq was held on Wednesday,
April 7, 1993. Mr. Heywood Fralin, attorney, appeared
before the Commission on behalf of the petitioner. He
stated that the property was rezoned in 1990 for the
simply purpose of locating a cut and sew clothing
operation there and since that business was no longer in
operation, there is a need to put the property back into
use as a telemarketing operation. He further stated that
the proposed use of the existing building will employ
approximately 200 people within three (3) rotating
shifts. Mr. Fralin stated that in talking with the
Planning staff regarding the proposed proffered uses that
could take place on the site, that he was withdrawing
proffer #e which would allow for the sale of construction
equipment. He then stated that the purpose of the other
use proffers was an attempt to eliminate the need to
return back to the Commission and City Council each time
there was a tenant change on the property.
Mrs. Dorsey gave the staff report and informed the
Commission that all the proffered conditions of the
initial rezoning of the subject property had been
complied with. She further stated that the staff had
held a discussion with Mr. Fralin and that the current
petition previously referred to that would delete proffer
#e had not been filed with the City Clerk's office.
Discussion took place among the staff, the petitioner and
Commission regarding "open storage" on the property, the
contents of proffer #d and the parking availability on
the site. Mr. Fralin agreed that he would file a revised
petition eliminating proffers #a and #d and the rewording
of #e.
No one appeared from the audience before the Commission
to speak in favor or in opposition of the request.
First amended petition to amend proffered conditions was
filed on April 9, 1993. The following condition was
proffered by the petitioner:
That the subject property shall be used only for
any of the following purposes:
Page 4
ae
General storage and warehousing establishment
engaged in the storage of miscellaneous
merchandise not for sale on the same premises.
be
Establishment engaged
distribution of goods.
in the wholesale
No outside storage will be allowed on the
premises.
II. Issues:
ae
Zonin~is currently LM, Light Manufacturing District with
proffered conditions as established by Ord. No. 30040-
52190. Zoning of the subject property would remain the
same but conditions of the rezoning would be changed.
Land use of the subject property is a vacant, industrial
type building with delivery bays and a loading dock area.
Surrounding land uses in the area consist of a mixture of
retail service establishments (i.e., car care/repair,
shoe store, dry cleaners, package store, restaurant) and
industrial-related businesses (i.e., a communications
system, mini-storage warehouses, wholesale plumbing
sales/distribution) and a large cemetery to the rear of
the subject property.
Access to and from the site can be safely provided by the
adjoining public street, Melrose Avenue. The City
Traffic Engineer has stated that no traffic impacts are
anticipated from the proposed use of the property.
Neiahborhood oraanization in this area is the Northwest
Revitalization Corporation. The planning office notified
the president of the organization, in writing, on March
22, 1993, and as of the writing of this report, no
response has been received by this office.
E. Comprehensive Plan recommends:
Encourage new or infill industrial development on
appropriate sites;
2e
Promote appropriate development in Urban Enterprise
Zone and other priority location.
III. Alternatives:
A. City Council approve the request to amend proffered
conditions.
Page 5
Zoning of the subject property would remain
conditional LM, Light Manufacturing District, with
revised proffered conditions pertaining to the
use(s) of the developed site.
Land use would be restricted to those LM uses
specified in the two (2) proposed proffered uses
listed in the first amended petition.
Access to the property would continue to be
provided from the adjoining public street, Melrose
Avenue. The City Traffic Engineer has stated that
no traffic impacts are anticipated from the
proposed change in use(s) on the property.
Ne_~hborhood (commercial and industrial) area would
be enhanced by the adaptive reuse of the existing
industrial building.
5. Comprehensive Plan issues as set forth would be
followed.
City Council deny the request to amend proffered
conditions.
Zoninq of the subject property would remain
conditional LM, Light Manufacturing District, with
the use of the property restricted to a clothing
manufacturing (cut and sew) operation.
Land use remains a vacant, industrial type
facility.
3. Access and traffic will not be an issue.
Neighborhood (commercial and industrial) area would
continue to be affected by a vacant, industrial
building.
5. Comprehensive Plan issues as set forth could be
followed at a later date.
IV. Recommendation:
The Planning Commission, by a vote of 7-0, recommended
approval of the requested amendment to proffered conditions as
proposed finding that the revised use proffers for the
developed property are reasonable and will facilitate the
adaptive reuse of an existing structure which would contribute
to the redevelopment of the area as well as meet the
comprehensive plan issues as set forth.
CAP:EDD:mpf
Attachments
cc:
Assistant City Attorney
City Engineer
Building Commissioner
Attorney for the Petitioner
Page
Respectfully submitted,
Charles A. Price, Jr., Chairman
Roanoke City Planning Commission
MARY F. PARKER
City Clerk, CMC/AAE
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virsinia 24011
Telephone: (703) 981-2341
SANDRA H. EAKIN
Deputy City Clerk
April 12, 1993
File #51
Mr. Charles A. Price, Jr., Chairperson
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 W. H. Fralln, Attorney,
representing HASI Partnership, a Virginia ~eneral partnership, requesting
amendment of certain proffered conditions to t. he rezoning of property locat.ed at 3342
Melrose Avenue, N. W., described as Officml Tax No. 2660417, contaimng 3.024
acres, more or less, which property was previously rezoned from C-2, General
Commercial District, to LM, Light Manufacturing District, pursuant to Ordinance No.
30040-52190 on May 21, 1990.
Sincerely, ~O.~-
Mary' F. Parker, CMC/AAE
City Clerk
MFP: sm
r/HASI
Enc o
pc:
The Honorable Mayor and Members of the Roanoke City Council
Mr. W. H. Fraltn, Attorney, Jolly, Plaoe, Fralln and Priilaman, 3912 Electric
~.dj;~ W., Roanoke, Vir~ni, 24018
R. Marlles, Affent, City Planning Commission
Mr. Ronaid H. Miller, Building Commissioner/Zoning Administrator
Ms. Evelyn D. Dorsey, Acting Assistant Zoning Administrator
Mr. Steven J. Taievi, Assistant City Attorney
VIRGINIA:
IN THE COUNCIL OF THE CITY OF RO K~.? -9
Re: Rezoning of a tract of land
comprising 3.024 acres on Melrose
Avenue, N.W., having a property
address of 3342 Melrose Avenue,
N.W. and a Tax Map No. 2660417
previously re-zoned from C-2
(General Commercial District) to
LM (Light Manufacturing District)
subject to proffered conditions.
FIRST AMENDED
PETITION TO
AMEND PROFFERED
CONDITIONS
TO THE HONORABLm MAYOR AND MEMB~R~ OF THB COUNCIL OF THE CITY OF
ROANOKE
Your petitioner, HASI Partnership, a Virginia general
partnership, is the owner of land in the City of Roanoke containing
3.024 acres, more or less, located at 3342 Melrose Avenue, N.W.
said tract is currently zoned LM (Light Manufacturing District).
A map of the property to be rezoned subject to revised proffered
conditions is attached as Exhibit A. A site plan of the property
as developed is attached as Exhibit B.
Pursuant to Ordinance No. 30040-52190, adopted byCity Council
on May 21, 1990, the said property was rezoned from C-2, General
Commercial District to LM, Light Manufacturing District for the
purpose of providing for the renovation of an existing structure to
be used as a manufacturing (cut and sew) facility with offices,
warehousing and retail space.
The existing Ordinance (No. 30040-52190) incorporated four (4)
proffered conditions which read as follows:
1. That the manufacturing facility to be operated on the
property shall make use of the existing structure on the property
and that there will be no outdoor storage of materials.
2. That if the Petitioner does not enter into a lease with
Valley Apparel, Inc. as to the property within 120 days from the
date of final zoning approval, the zoning shall revert to C-2
(General Commercial District) without further action by City
Council.
3. The Petitioner will require its Lessee to comply with the
Melrose Avenue Street Tree Master Plan.
4. The use of the property shall be limited to a
manufacturing establishment primarily engaged in the manufacturing,
assembly, distribution, processing or other processes related to
the creation of new clothing products and including as an accessory
use, the retail sale of goods manufactured on the premises.
HASI Partnership requests that all the proffered conditions
quoted above be deleted in their entirety and that the following
condition be substituted in their place:
1.) That the subject property shall be used only for any of
the following purposes:
A.) General storage and warehousing establishment
engaged in the storage of miscellaneous merchandise not for sale on
the same premises.
B.) Establishment engaged in the wholesale distribution
of goods.
C.) NO outside storage will be allowed on the premises.
Attached as Exhibit C are the names, addresses and tax numbers
of the owner or owners of all lots or property immediately adjacent
or immediately across a street or road from the property to be
rezoned.
WHEREFORE, the Petitioner request that the previous proffered
conditions be amended for the above-described tract as requested in
accordance with the provisions of the Zoning Ordinance of the City
of Roanoke.
Respectfully submitted this 10th day of March 1993.
Respectfully submitted, Par n rsgtp ~
By:
W. H? F~alin, Counsel for
the Petitioner
W. H. Fralin
Jolly, Place, Fralin & Prillaman
3912 Electric Road, S.W.
Roanoke, VA 24018
(703) 989-0000
HASI Partnership
~// Part,er
.? 9 /3 .~¢
!
EXHIBIT B
2g~0¢/7
EXHIBIT C
Official
Tax Number
Owner's Name Address
2660418
W. Price Fields P. O. Box 4576
Roanoke, VA 24018
2660425
Kevin L. Heptinstall P. O. Box 6322
Roanoke, VA 24017
2660424
U. A. Hoal 36210aklawn Ave. N.W.
Roanoke, VA 24012
2660519
Roanoke Investments 101 $. Jefferson St
Associated ~508
Roanoke, VA 24011
2660518
Edgar D. & Mary A.
Prillaman
1002 Winona Ave., S.W
Roanoke, VA 24015
2660505
Charles H. Havnaer
P. O. Box 6357
Roanoke, VA 24017
2650102
F. V. Cemetery Co. Inc. P. O. Box 6231
Roanoke, VA 24017
I
I
· LLJ~1
REZONED
OROlgO
R~StOLM
COND)TIONA
I)1101)051..'
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R.i.A.- ROA NOK£ INVESTMEI
ASSOC., INC., A VA
CORR,
RDA NOK/ COUNTRY
JAMES'- P S SANDRA
/$
,I) R 0 l) 0 5 lEI,)
I:tlEZ() I G
ROANOKE TINES ~ WORLD-NEWS
AD NUMBER - 42101736
PUBLISHER'S FEE - $85,80
W H FRALIN ATTY
3912 ELECTRIC ROAD S N
P 0 BOX 20487
ROANOKE VA 24018
CITY
'93 HAY10 A10:32
STATE OF VIRGINIA
CITY OF ROANOKE
AFFIDAVIT OF PUBLICATION
I, (THE UNDERSIGNED) AN AUTHORIZED
REPRESENTATIVE OF THE TIMES-WORLD COR-
PORATION~ WMICH CORPORATION IS PUBLISHER
OF THE ROANOKE TIMES & WORLD-NEWS, A
DAILY NEWSPAPER PUBLISHED IN ROANOKE, IN
THE STATE OF VIRGINIA, DO CERTIFY THAT
THE ANNEXED NOTICE WAS PUBLISHED IN SAID
NEWSPAPERS ON THE FOLLOWING OATES
04/23/93 MORNING
04/30/g3 MORNING
WITNESS, THIS~ .~t~.T DAy OF MAY I793
AUTHORIZED SIGNATURE
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, May 10, 1993,
at 7:30 p.m., in the Council Chamber in the Municipal Building, 215
Church Avenue, S.W., on the question of amending conditions
previously proffered on the rezoning of a parcel of land located at
3342 Melrose Avenue, N.W., known as Official Tax No. 2660417.
A copy of this proposal is available for public inspection in
the Office of the City Clerk, Room 456, Municipal Building. Ail
parties in interest may appear on the above date and be heard on
the question.
GIVEN under my hand this 21st day of April , 1993.
Mary F. Parker, City Clerk.
Please publish in full twice, once on Friday, April 23, 1993, and once on
Friday, April 30, 1993, in the Roanoke Times and World-News.
Send publisher's affidavit to:
Send bill to:
Mary F. Parker, City Clerk
Room 456, Municipal Building
215 Church Avenue, S. W.
Roanoke, Virginia 24011-1536
Mr. W. H. Fralin, Attorney
Jolly, Place, Fralin and Prillaman
3912 Electric Road, S. W.
Roanoke, Virginia 24018
MARY F. PARKER
City Clerk, CMC/AAE
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 4:56
Roanoke, Vh'ginia 24011
Telephone: (703) 981-2541
SANDRA H. EAKIN
Deputy City Clerk
April 22, 1993
File #51
Mr. W. H. Fralin, Attorney
Jolly, Place, Fralin and Prillaman
3912 Electric Road, S. W.
Roanoke, Virginia 24018
Dear Mr. Fralin:
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 will be held on
Monday, May 10, 1993, at 7:30 p.m., or as soon thereafter as the matter may be
heard, in the City Council Chamber, fourth floor of the Municipal Building, 215
Church Avenue, S. W., on the request of HASI Partnership, a Virginia general
partnership that conditions previously proffered on the rezoning of a parcel of land
located at 3342 Melrose Avenue, N. W., known as Official Tax No. 2660417, be
amended.
For your information, I am enclosing copy of a notice of the public hearing providing
for the amendment to the proffered conditions, which notice was prepared by the
City Attorney's Office. Please review the document and ff you have questions, you
may contact Mr. Steven J. Talevi, Assistant City Attorney, at 981-2431. Questions
with regard to the City Planning Commission report should be directed to Mr. John
R. Marlles, Chief of Community Planning, at 981-2344.
r~ °"~~'Sincerely, ~~
Mary F. Parker, CMC/AAE
City Clerk
MFP: sm
May
Enc.
Mr~ ~ I~. Fralin, Attorney
April 22, 1993
Page 2
pc:
Mr. W. Price Fields, P. O. Box 4576, Roanoke, Virginia 24018
Mr. Kevin L. Hepinstall, P. O. Box 6322, Roanoke, Virginia 24017
Mr. U. A. Hoal, 3621 Oaklawn Avenue, N. W., Roanoke, Virginia 24012
Roanoke Investments Associated, 101 S. Jefferson Street, Suite 400,
Roanoke, Virginia 24011
Mr. and Mrs. Edgar Prillaman, 1002 Winona Avenue, S. W., Roanoke,
Virginia 24015
Mr. Charles H. Havnaer, P. O. Box 6357, Roanoke, Virginia 24017
F. V. Cemetery Company, Inc., P. O. Box 6321, Roanoke, Virginia 24017
MARY F. PARKF.,R
City Clerk, CMC/AAE
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703) 981-2541
SANDRA H. EAKIN
Deputy City Clerk
April 12, 1993
File #51
Mr. Charles A. Price, Jr., Chairperson
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 W. H. Fraiin, Attorney,
representing HASI Partnership, a Virginia general partnership, requesting
amendment of certain proffered conditions to the rezoning of property located at 3342
Melrose Avenue, N. W., described as Official Tax No. 2660417, containing 3.024
acres, more or less, which property was previously rezoned from C-2, General
Commercial District, to LM, Light Manufacturing District, pursuant to Ordinance No.
30040-52190 on May 21, 1990.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: sm
r/HASI
Enc.
pc:
The Honorable Mayor and Members of the Roanoke City Council
Mr. W. H. Fralin, Attorney, Jolly, Place, Fralin and Priliaman, 3912 Electric
Road, S. W., Roanoke, Virginia 24018
Mr. John R. Marlles, Agent, City Planning Commission
Mr. Ronald H. Miller, Building Commissioner/Zoning Administrator
Ms. Evelyn D. Dorsey, Acting Assistant Zoning Administrator
Mr. Steven J. Talevi, Assistant City Attorney
VIRGINIA:
IN THE COUNCIL OF THE CITY OF ROA~K~-9 /Itl :14
Re: Rezoning of a tract of land
comprising 3.024 acres on Melrose
Avenue, N.W., having a property
address of 3342 Melrose Avenue,
N.W. and a Tax Map No. 2660417
previously re-zoned from C-2
(General Commercial District) to
LM (Light Manufacturing District)
subject to proffered conditions.
FIRST AMENDED
PETITION TO
AMEND PROFFERED
CONDITIONS
TO THE HONOR~%BLE ~,YOR A~D ~ERBER8 OF THE COUNCIL OF THE CITY OF
ROANOKE
Your petitioner, HASI Partnership, a Virginia general
partnership, is the owner of land in the City of Roanoke containing
3.024 acres, more or less, located at 3342 Melrose Avenue, N.W.
said tract is currently zoned LM (Light Manufacturing District).
A map of the property to be rezoned subject to revised proffered
conditions is attached as Exhibit A. A site plan of the property
as developed is attached as Exhibit B.
Pursuant to Ordinance No. 30040-52190, adopted by City Council
on May 21, 1990, the said property was rezoned from C-2, General
Commercial District to LM, Light Manufacturing District for the
purpose of providing for the renovation of an existing structure to
be used as a manufacturing (cut and sew) facility with offices,
warehousing and retail space.
The existing Ordinance (No. 30040-52190) incorporated four (4)
proffered conditions which read as follows:
1. That the manufacturing facility to be operated on the
property shall make use of the existing structure on the property
and that there will be no outdoor storage of materials.
2. That if the Petitioner does not enter into a lease with
Valley Apparel, Inc. as to the property within 120 days from the
date of final zoning approval, the zoning shall revert to C-2
(General Commercial District) without further action by City
Council.
3. The Petitioner will require its Lessee to comply with the
Melrose Avenue Street Tree Master Plan.
4. The use of the property shall be limited to a
manufacturing establishment primarily engaged in the manufacturing,
assembly, distribution, processing or other processes related to
the creation of new clothing products and including as an accessory
use, the retail sale of goods manufactured on the premises.
HASI Partnership requests that all the proffered conditions
quoted above be deleted in their entirety and that the following
condition be substituted in their place:
1.) That the subject property shall be used only for any of
the following purposes:
A.) General storage and warehousing establishment
engaged in the storage of miscellaneous merchandise not for sale on
the same premises.
B.) Establishment engaged in the wholesale distribution
of goods.
C.) No outside storage will be allowed on the premises.
Attached as Exhibit C are the names, addresses and tax numbers
of the owner or owners of all lots or property immediately adjacent
or immediately across a street or road from the property to be
rezoned.
WHEREFORE, the Petitioner request that the previous proffered
conditions be amended for the above-described tract as requested in
accordance with the provisions of the Zoning Ordinance of the City
of Roanoke.
Respectfully submitted this 10th day of March 1993.
Respectfully submitted,
W. H.~ F~alin, Counsel for
the Petitioner
W. H. Fralin
Jolly, Place, Fralin & Prillaman
3912 Electric Road, S.W.
Roanoke, VA 24018
(703) 989-0000
HASI Partnership
By_ ~// Parther
I
I
LEGEND
0 F J:: ~,C I~, L
/5'
'r ,-IU 5
NGT~.
EXHIBIT B
EXHIBIT C
Official
Tax Number
Owner's Name
~ddress
2660418
W. Price Fields
P. O. Box 4576
Roanoke, VA 24018
2660425
Kevin L. Heptinstall
P. O. Box 6322
Roanoke, VA 24017
2660424
U. A. Hoal
36210aklawn Ave. N.W.
Roanoke, VA 24012
2660519
Roanoke Investments
Associated
101 S. Jefferson St
$508
Roanoke, VA 24011
2660518
Edgar D. & Mary A.
Prillaman
1002 Winona Ave., S.W
Roanoke, VA 24015
2660505
Charles H. Havnaer
P. O. Box 6357
Roanoke, VA 24017
2650102 F. V. Cemetery Co. Inc. P. O. Box 6231
Roanoke, VA 24017
R~:C: ' ;
TO THE CITY CLERK OF THE CITY OF ROANOKE, ViRGiNi~I7¥ n -
PERTAINING TO THE AMENDMENT OF CONDITIONS REQUEST'~F:M~R 29 P3:20
Request from HASI Partnership, a Virginia general )
partnership, represented by W. H. Fralin, attorney)
that conditions proffered and approved in conjunc-)
tion with the May 1990, rezoning of Official Tax
No. 2660417, 3342 Melrose Avenue, N.W., by Ordi-
nance No. 30040-52190, be deleted and replaced by
a new proffered condition.
)AFFIDAVIT
)
)
)
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 29th day of March,
1993, notices of a public hearing to be held on the 7th day of
April, 1993, on the application captioned above to the owner or
agent of the parcels listed below at their last known address:
Parcel
2660418
2660425
2660424
2660519
2660518
2660505
2650102
Owner, Aqent or Occupant
W. Price Fields
Kevin L. Hepinstall
U. A. Hoal
Roanoke Investments Associated
Edgar and Mary Prillaman
Charles H. Havnaer
F. V. Cemetery Co., Inc.
M~rtha Pace Franklin
Address
P. O. Box 4576
Roanoke VA 24018
P. O. Box 6322
Roanoke, VA 24017
3621 Oaklawn Ave., NW
Roanoke VA 24012
101 S. Jefferson #400
Roanoke, VA 24011
1002 Winona Avenue, SW
Roanoke, VA 24015
P. O. Box 6357
Roanoke, VA 24017
P. O. Box 6321
Roanoke, VA 24017
SUBSCRIBED AND SWORN to before me, a Notary
the City of Roanoke, Virginia, this 29th day of March,
Notary Public -
My Commission Expires: ~.~/~7
Public, in
1993.
COMMONWEALTH OF VIRGINIA )
) TO-WIT:
CITY OF ROANOKE )
The affiant, Martha Pace Franklin, first being duly sworn,
states that she is Secretary of the City of Roanoke Planning
NOTICE OF PUBLIC FIEARIN~,t~BI~6RE !THE! ROANOKE
COMMISSION
TO WHOM IT MAY CONCERN:
CITY PLANNING
The Roanoke City Planning Commission will hold a public hearing on Wednesday, April
7, 1993, 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 HASI Partnership, a Virginia general partnership, represented by W. H.
Fralin, attorney, that conditions proffered and approved in conjunction with the May
1990 rezoning of Official Tax No. 2660417, 3342 Melrose Avenue, N.W., by Ordinance
No. 30040-52190, be deleted and replaced by a new proffered condition.
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, March 23, 1993 and Tuesday, March 30, 1993
Please send affidavit of publication to:
Office of Community Planning
Room 355, Municipal Building
215 Church Avenue, S.W.
Roanoke, VA 24011
Please send bill to:
W. H. Fralin
loLly, Place, Fralin & Prillaman
3912 Electric Road, SW
Roanoke, VA 24018
989-0000
MARY F. PARKER
City Clerk, CMC/AAE
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
21~ Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703) 981-2~41
March 15, 1993
SANDRA H. EAKIN
Deputy City Clerk
File #51
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 W. H. FraHn, Attorney,
representing HASI Partnership, a Virginia general partnership, requesting
amendment of certain proffered conditions to the rezoning of property located at 3342
Melrose Avenue, N. W., described as Official Tax No. 2660417, which property was
previously rezoned from C-2, General Commercial District, to LM, Light
Manufacturing District, pursuant to Ordinance No. 30040-52190 on May 21, 1990.
Sincerely, ~
Mary F. Parker, CMC/AAE
City Clerk
MFP: sm
r/HASI
Enc.
pc:
Mr. W. H. Fralin, Attorney, Jolly, Place, Fralin and Prillaman, 3912 Electric
Road, S. W., Roanoke, Virginia 24018
The Honorable Mayor and Members of the Roanoke City Council
Mr. John R. Marlles, Agent, City Planning Commission
Mr. Ronald H. Miller, Building Commissioner/Zoning Administrator
Ms. Evelyn D. Dorsey, Acting Assistant Zoning Administrator
Mr. Steven J. Talevi, Assistant City Attorney
MARY F. PARKER
City Clerk, CMC /A
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Ayenue, S.W., Room 456
Roanoke, Virginia 74011
Telephone: (703) 981 -2541
May 21, 1993
File #51
Mr. W. H. Fralin, Attorney
Jolly, Place, Fralin and Prillaman, P.C.
3912 Electric Road, S. W.
Roanoke, Virginia 24018
Dear Mr. Fralin:
SANDRA H. EAKIN
Deputy City Clerk
I am enclosing copy of Ordinance No. 31444 - 051793 rezoning a tract of land lying on
the south side of Salem Turnpike, N. W. , being the northeasterly 166 feet, more or
less, of Official Tax No. 2640311, the westerly 84 feet, more or less, of Official Tax
No. 2640351 and extending back between parallel lines 350 feet, more or less, said
tract containing 2.00 acres, from LM, Light Manufacturing District, to C -2, General
Commercial District, subject to certain proffered conditions. Ordinance No. 31444-
051793 was adopted by the Council of the City of Roanoke on first reading on
Monday, May 10, 1993, also adopted by the Council on second reading on Monday,
May 17, 1993, and will take effect ten days following the date of its second reading.
Sincerely,
Mary F. Parker, CMC /AAE
City Clerk
MFP:sm
Eno.
pc: Mr. Laurence E. Causey, General Partner, H & C Partnership, 3348 Salem
Turnpike, N. W., Roanoke, Virginia 24017
Ms. Maude P. Bolling, 3611 New Spring Branch Road, S. E., Roanoke,
Virginia 24014
Mr. Alexander N. Apostolou, at als, P. O. Box 1855, Roanoke, Virginia
24008
Fairview Cemetery Co., Inc., P. O. Box 6231, Roanoke, Virginia 24017
Mr. W. Robert Herbert, City Manager
Mr. Wilburn C. Dibling, Jr., City Attorney
Mr. W H. Fralin, Attorney
May 21, 1993
Page 2
PC: Mr.
Steven J.
Talevi, Assistant City Attorney
Mr.
Willard N.
Claytor, Director of Real Estate Valuation
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, Agent, City Planning Commission
Ms.
Evelyn D.
Dorsey, Acting Assistant Zoning Administrator
J�
r
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 17th day of May, 1993.
No. 31444 - 051793.
AN ORDINANCE to amend §36.1 -3, Code of the City of Roanoke
(1979), as amended, and Sheet ,NO. 264, 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
LM, Light Manufacturing 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 May 10, 1993, 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 536.1 -3, Code of the City of Roanoke (1979), as
amended, and Sheet No. 264 of the Sectional 1976 Zone Map, City of
Roanoke, be amended in the following particular and no other:
A tract of land lying on the south side of Salem Turnpike,
N.W., and being the northeasterly 166 feet, more or less, of
Official Tax No. 2640311, and the westerly 84 feet, more or less,
of Official Tax No. 2640351 and extending back between parallel
lines 350 feet, said tract containing 2.00 acres, as being
designated on Sheet No. 264 of the Sectional 1976 Zone Map, City of
Roanoke, be, and is hereby rezoned from LM, Light Manufacturing
District, to C -2, General Commercial District, subject to those
conditions proffered by and set forth in the Petition filed in the
Office of the City Clerk on April 14, 1993, and that Sheet No. 264
of the Zone Map be changed in this respect.
ATTEST:
City Clerk.
� n
cir'
'93 r,i),Y —7 'l '• "P,
f(a6nof�e Ciry Planning Commission
May 10, 1993
The Honorable David A. Bowers, Mayor
and Members of City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of Council:
Subject: Request from H & C Partnership represented by W. H.
Fralin, attorney, that a 166' x 350' portion of
property located on Salem Turnpike, N. W.,
designated as a portion of Official Tax No. 2640311
and a 84' x 350' portion of property located on
Salem Turnpike, N. W., designated as a portion of
Official Tax No. 2640351, be rezoned from LM, Light
Manufacturing District, to C -2, General Commercial
District, such rezoning to be subject to certain
conditions proffered by the petitioner.
Background:
A. Purpose of the request is to allow the property to be
used for indoor recreational purposes.
Original petition to rezone larger tract including
adjoining property comprising approximately five (5)
acres, designated as Official Tax Nos. 2650361 and
2640316, and the northeasterly portion of Tax No. 2640311
was considered by the Planning Commission on February 5,
1993. Recommendation to deny was made by the Planning
Commission for the following reasons: (1) site is
suitable for industrial development and is adequately
buffered from surrounding land uses; (2) City needs to
preserve its viable LM zoned areas; and (3) rezoning the
tract to commercial in the middle of an industrially
zoned area would be inappropriate.
Amended petition to rezone was considered by the Planning
Commission at the April 7, 1993, regular meeting of the
Commission. The following concerns were expressed by
staff and Commission members: (1) proffers may not be
enforceable due to their vagueness; (2) rezoning may
constitute illegal "spot zoning "; (3) the Commission and
the City should not be asked to make a decision regarding
a rezoning based on some action that would happen in the
future; (4) the rezoning involved an excessive amount of
Roan 355 Municipol Building 215 Church Avenge. 5 W RoanoNe. Virginia 24011 (7W) 981 -2944
Mayor and Members of Council
Page 2
street frontage on Shenandoah Avenue for commercial
development; (5) the rezoning was not consistent with the
City's Comprehensive Plan; and (6) splitting an existing
structure between two zoning districts was not consistent
with good zoning practice and would be difficult to
enforce. The Planning Commission recommended denial of
the amended application. The application was withdrawn
on April 15, 1993.
D. New Petition to rezone was filed on April 14, 1993. The
following conditions were proffered by the petitioner:
1. That the property will be developed in substantial
conformity with the site plan dated January 11,
1993, a copy of which is attached to the Petition
for Rezoning as Exhibit "C," subject to any changes
required by the City during site plan review.
2. That the subject property requested for rezoning
will be used for indoor recreational uses including
bingo.
3. That at the expiration of ten years from the
effective date of the City ordinance rezoning the
property from LM, Light Manufacturing District, to
C -2, General Commercial District, the property will
automatically revert from C -2, General Commercial
District, to LM, Light Manufacturing District,
without any further action required of City
Council.
4. Furthermore, at the expiration of ten years from
the effective date of the City ordinance rezoning
the property from LM, Light Manufacturing District,
to C -2, General Commercial District, all the indoor
recreational uses established on the subject
property shall be discontinued and all new uses on
the subject property shall be those as permitted in
the LM, Light Manufacturing District.
New petition and proffers are an attempt by the
petitioners to address a number of the concerns and
issues associated with the original petition outlined
previously.
Subject orooerty is located in an area that was
designated as an Urban Enterprize Zone in 1984. The
purpose of this "overlay" zone is to encourage new
businesses and industries to locate in appropriately
zoned inner -city areas by offering substantial tax
credits and service improvements.
Mayor and Members of Council
Page 3
Planning Commission public hearing was held on Wednesday,
May 5, 1993. Mr. Alton Prilliman attorney and partner of
Mr. Heywood Fralin, attorney, appeared before the
Commission on behalf of the petitioner. Mr. Prilliman
informed the Commission that a new petition had been
filed for the subject property addressing the issues and
concerns raised at the last public hearing. He then
summarized the points set forth in the new petition,
particularly the size of the parcel requested for
rezoning and the two (2) proffers regarding the reversion
of the proposed zoning back to the LM District. Mr.
Prilliman concluded his remarks by informing the
Commission that he would be happy to address any
questions the members may have.
Mr. Marlles gave the staff report on the requested
rezoning. He stated that although staff recognized the
efforts that had been made by the petitioner to address
the concerns expressed by staff and the Commission, staff
was still recommending denial on the basis that the
rezoning was not in conformity with the City's
comprehensive plan and was not consistent with good land
use and zoning practice.
No one from the audience appeared to speak in favor or in
opposition to the request.
II. Issues•
Zoning of the subject property is LM, Light Manufacturing
District. The zoning pattern in the area, predominantly
light manufacturing, is as follows: to the west, east
and south is LM, Light Manufacturing District; to the
north, across Salem Turnpike, are RM -1 and RM -2,
Manufacturing District. If approved, the requested
rezoning will divide an existing structure by the
proposed zoning district boundary line. The area
requested for rezoning (2.01 acres) is significantly less
than the area requested for rezoning in the original
petition (± 5 acres) and would involve substantially less
street frontage on Salem Turnpike.
Land use of the subject property is a vacant industrial
building and recently constructed addition. The
surrounding land use is predominantly industrial, single
family and multifamily uses exist across Salem Turnpike
to the west and north; a large cemetery is located to the
north; a trucking terminal to the south and several
parcels of vacant, undeveloped land to the east.
Access to the property is provided by the adjoining
7
Mayor and Members of Council
Page 4
public street, Salem Turnpike. The City Traffic Engineer
has stated that there are no plans currently proposed for
widening or any other related improvements to Salem
Turnpike. The Peters Creek Road extension project
(currently under design) is located approximately 1 mile
from this property and will increase accessibility to the
site.
D. Industrial land has been identified as a valuable
economic asset in the City and should be protected. The
City's Office of Economic Development and the Roanoke
Valley Economic Development Partnership have initiated a
number of public and private economic development efforts
to promote industrial /manufacturing site development,
including this particular site. Strategies have been
developed to focus on completing existing developments
and to market available areas suitable for industrial
development.
Although the current request involves significantly less
area than the previous rezoning request, it would still
remove viable industrially zoned land from the City's
existing inventory and possibly would encourage
additional rezoning requests in the area.
E. Comprehensive Plan recommends that:
1. New industries, which provide jobs and add to the
City tax base, should be encouraged to develop on
appropriate sites;
2. Other uses of limited, undeveloped industrial land
be discouraged;
3. Appropriately zoned development in the Urban
Enterprise Zone be promoted;
4. New strip commercial development, speculative
development and land use conflicts be discouraged.
III. Alternatives:
City Council approve the rezoning request.
Zoning would become conditional, C -2, General
Commercial District. A recently constructed
portion of an existing industrial type building, a
vacant, undeveloped lot would be zoned for
commercial indoor recreational activities.
Possible illegal "spot zoning" may occur. viable
industrially zoned land would be removed from the
1
Mayor and Members of Council
Page 5
City's existing inventory.
2. Land use would become commercial indoor
recreational activities as previously described.
Surrounding land uses, on adjoining properties,
would be of an industrial type nature. Approval of
the rezoning request would permit commercial uses
in the middle of an established industrial area.
3. Access to the subject property would continue to be
provided by the adjoining public street, Salem
Turnpike. The City Traffic Engineer has stated
that traffic generated by the proposed commercial
activities would have minimal impact on Salem
Turnpike.
4. Industrial area would be negatively affected by the
proposed rezoning of an existing industrial type
building and recent addition. Rezoning the subject
property to commercial would create a disincentive
for future industrial development and investment in
this area by the interjection of non - supportive
commercial uses as proposed.
5. Comprehensive Plan issues as set forth would not be
followed.
B. City Council deny the rezoning request.
1. Zoninc would remain LM, Light Manufacturing
District. The area would remain available for new
or infill industrial development or redevelopment.
2. Land use would remain as is currently developed
with the possibility of new or existing industries
relocating, expanding or developing in this area.
3. Access to and from the subject property would not
be an issue.
4. Industrial area would be protected. The property
proposed for rezoning is a viable area for
industrial development and redevelopment. This has
been demonstrated by the fact that over the past 3
years, the City's office of Economic Development
has assembled 8 acres of undeveloped, industrially
zoned land in the area to promote and facilitate
new industrial development. Rezoning of the
property to permit general commercial uses would
adversely affect the potential for new industrial
development or the redevelopment of existing
Mayor and Members of Council
Page 6
industrial sites in this area.
Comprehensive Plan issues as set forth would be
followed. The subject property is located within
an Urban Enterprise Zone which has been set up to
promote and facilitate industrial development in
this section of the City.
IV. Recommendation:
The Planning Commission, by a voted of 4 -1 (Mr. Price
absent, Mr. Ferguson resigned and Mrs. Duerk voting in
opposition), recommended approval of the requested
rezoning finding that under the present circumstances and
the new proffers as set forth in the April 14, 1993
petition, that the petitioner has the right to use this
portion of his industrially -zoned land for commercial
indoor recreational uses (bingo operation) for an interim
time period until the demands for new industrial
development occurs in that area.
Respectfully submitted,
C� 0, o�
Charles A. Price, Jr., Chairman
Roanoke City Planning Commission
CAP:EDD:mpf
Attachments
cc: Assistant City Attorney
Director of Public Works
City Engineer
Building Commissioner /Zoning Administrator
Attorney for the Petitioner
' C1TY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 74011
Telephone: (703) 981 -2541
MARY F. PARKER
City Clerk, CMC /A
April-15, 1993
File #51
Mr. Charles A. Price, Jr., Chairperson
City Planning Commission
Roanoke, Virginia
Dear Mr. Price:
SANDRA H. EAKIN
Deputy City Clerk
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 W. H. Fralin, Attorney,
representing H & C Partnership requesting that a tract of land located on Salem
Turnpike, N. W., containing 2.00 acres, more or less, being the northeasterly 166
feet, more or less, of property described as Official Tax No. 2640311, and the
westerly 84 feet, more or less, of Official Tax No. 2640351, be rezoned from LM,
Light Manufacturing District, to C -2, General Commercial District, subject to certain
conditions proffered by the petitioner.
Sincerely,
Mary F. Parker, CMC /AAE
City Clerk
MFP:sm
r /HC
Enc.
pc: 'the Honorable Mayor and Members of the Roanoke City Council
YMr. John R. Marlles, Agent, City Planning Commission
Mr. Ronald H. Miller, Building Commissioner/ Zoning Administrator
Ms. Evelyn D. Dorsey, Acting Assistant Zoning Administrator
Mr. Steven J. Talevi, Assistant City Attorney
Mr. W. H. Fralin, Attorney, Jolly, Place, Fralin and Prillaman, P.C.,
3912 Electric Road, S. W., Roanoke, Virginia 24018
Mr. Laurence E. Causey, General Partner, H & C Partnership, 3348 Salem
Turnpike, N. W., Roanoke, Virginia 24017
IN THE COUNCIL OF THE CITY OF ROANOKE VIRGINIA
.0
IN RE:
Rezoning a tract of land lying on )
the South side of Salem Turnpike NW )
and being a northeasterly 166 feet, )
more or less, of Tax Map 12640311; ) PETITION
a westerly 84 feet, more or less ) TO
of Tax Map 02640351 and extending back ) REZONE
between parallel lines 350 feet, more )
or less, all as more particularly )
described on the attached Exhibit "A" )
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE
CITY OF ROANOKE:
The Petitioner, H & C Partnership owns land in the City of
Roanoke containing 2.00 acres, more or less, located on Salem
Turnpike, NW, Roanoke, Virginia 24017, being a northeasterly 166
feet, more or less, of Tax Map 02640311; a westerly 84 feet, more
or less, of Tax Map 02640351 and extending back between parallel
lines 350 feet, more or less. Said tracts are currently zoned LM,
Light Manufacturing District. A Map of the property to be rezoned
is attached as Exhibit "B."
Pursuant to Section 36.1 -690, Code of the City of Roanoke
(1979), as amended, the Petitioner request that the said property
be rezoned from LM, Light Manufacturing District to C -2, General
Commercial District, subject to certain conditions set forth below,
for the purpose of allowing the property to be used for indoor
recreation purposes.
The Petitioner hereby proffers and agrees that if the said
tract is rezoned as requested, that the rezoning will be subject
to, and that the Petitioner will abide by, the following conditions:
1) That the property will be developed in substantial
conformity with the site plan dated January 11, 1993 a
copy of which is attached to the Petition for Rezoning as
Exhibit "C," subject to any changes required by the City
during site plan review.
2) That the subject property requested for rezoning will
be used for indoor recreational uses including bingo.
3') That at the expiration of ten years from the
effective date of the City ordinance rezoning the
property from LM, Light Manufacturing District, to C -2,
General Commercial District, the property will
automatically revert from C -2, General Commercial
District, to LM, Light Manufacturing District, without
any further action required of City Council.
4) Furthermore, at the expiration of ten years from the
effective date of the City Ordinance rezoning the
property from LM, Light Manufacturing District, to C -2,
General Commercial District, all the indoor recreational
uses established on the subject property shall be
discontinued and all new uses on the subject property
shall be those as permitted in the LM, Light
Manufacturing District.
The Petitioner believes that the requested rezoning is more in
conformance with the surrounding area uses than the comprehensive
plan which calls for the property to be used for the purposes of
light manufacturing activities.
The Petitioner believes the rezoning of the said tracts of
land will further the intent and purposes of the City's Zoning
Ordinance and will enhance its comprehensive plan, in that it will
be in the best interest of the City in promoting economic
development within the community.
Attached as Exhibit "D" are the names, addresses and tax
numbers of the owners of all lots or property immediately adjacent
to and immediately across a street or road from the property to be
rezoned.
WHEREFORE, the Petitioner request that the above - described
tracts be rezoned as requested in accordance with the provisions of
the Zoning Ordinance of the City of Roanoke.
Respectfully submitted this day April 13, 1993.
Respectfully submitted,
H & C PARTNERSHIP, a general
partnership
By `�1
^ 1 \ r
General Partner
3348 Salem Turnpike, NW
Roanoke, VA 24017
JOLLY, PLACE, FRALIN & PRILLAMAN, P.C.
W. H. Fralin
3912 Electric Road, S. W.
Roanoke, Virginia 24018
703/989 -0000
Schedule A
All that certain tract or parcel of land containing 2.00 acres,
more or less, lying on the South side of Salem Turnpike NW and
being a northeasterly 166 feet, more or less, of Tax Map ,#2640311;
a westerly 84 feet, more or less, of Tax Map ,#2640351 and extending
back between parallel lines 350 feet, more or less.
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Tax Mao No. 2520127
Maude P. Bolling
3611 New Spring Branch Road, S.E.
Roanoke. VA 24014
Tax Mao. Nos. 2640349/2640326
Alexander N. Apostolou, et als
P.O. Box 1855
Roanoke, VA 24008
Tax HAD No. 2650102
Fairview Cemetery Co., Inc.
P.O. Box 6231
Roanoke, VA 24017
Tax Mao No. 2640316
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P.O. Box 6354
Roanoke, VA 24017
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'93 RfOoZICiry AAA g Commission
May 5, 1993
Mr. Charles A. Price, Jr., Chairman
and Members of the Planning Commission
Roanoke, Virginia
Dear Members of the Commission:
Subject: Request from H & C Partnership represented by W. H.
Fralin, attorney, that a 166' x 350' portion of
property located on Salem Turnpike, N. W.,
designated as a portion of Official Tax No. 2640311
and a 84' x 350' portion of property located on
Salem Turnpike, N. W., designated as a portion of
Official Tax No. 2640351, be rezoned from LM, Light
Manufacturing District, to C -2, General Commercial
District, such rezoning to be subject to certain
conditions proffered by the petitioner.
Background
A. Purpose of the request is to allow the property to be
used for indoor recreational purposes.
Original Petition to rezone larger tract including
adjoining property comprising approximately five (5)
acres, designated as Official Tax Nos. 2650361 and
2640316, and the northeasterly portion of Tax No. 2640311
was considered by the Planning Commission on February 5,
1993. Recommendation to deny was made by the Planning
Commission for the following reasons: (1) site is
suitable for industrial development and is adequately
buffered from surrounding land uses; (2) City needs to
preserve its viable LM zoned areas; and (3) rezoning the
tract to commercial in the middle of an industrially
zoned area would be inappropriate.
C. Amended Petition to rezone was considered by the Planning
Commission at the April 7, 1993, regular meeting of the
Commission. The following concerns were expressed by
staff and Commission members: (1) proffers may not be
enforceable due to their vagueness; (2) rezoning may
constitute illegal "spot zoning'i (3) the Commission and
the City should not be asked to make a decision regarding
a rezoning based on some action that would happen in the
future; (4) the rezoning involved an excessive amount of
Roan 355 W riapol Building 215 Chord even S w Monoae. Virginia 24011 (703) 981 2344
Members of the Commission
Page 2
street frontage on Shenandoah Avenue for commercial
development; (5) the rezoning was not consistent with the
City's Comprehensive Plan; and (6) splitting an existing
structure between two zoning districts was not consistent
with good zoning practice and would be difficult to
enforce. The Planning Commission recommended denial of
the amended application. The application was withdrawn
on April 15, 1993.
D. New Petition to rezone was filed on April 14, 1993. The
following conditions were proffered by the petitioner:
1. That the property will be developed in substantial
conformity with the site plan dated January 11,
1993, a copy of which is attached to the Petition
for Rezoning as Exhibit "C," subject to any changes
required by the City during site plan review.
2. That the subject property requested for rezoning
will be used for indoor recreational uses including
bingo.
3. That at the expiration of ten years from the
effective date of the City ordinance rezoning the
property from LM, Light Manufacturing District, to
C -2, General Commercial District, the property will
automatically revert from C -2, General Commercial
District, to LM, Light Manufacturing District,
without any further action required of City
Council.
4. Furthermore, at the expiration of ten years from
the effective date of the City Ordinance rezoning
the property from LM, Light Manufacturing District,
to C -2, General Commercial District, all the indoor
recreational uses established on the subject
property shall be discontinued and all new uses on
the subject property shall be those as permitted in
the LM, Light Manufacturing District.
New petition and proffers are an attempt by the
petitioners to address a number of the concerns and
issues associated with the original petition outlined
previously.
Subiect property is located in an area that was
designated as an Urban Enterprize Zone in 1984. The
purpose of this "overlay" zone is to encourage new
businesses and industries to locate in appropriately
zoned inner -city areas by offering substantial tax
credits and service improvements.
Members of the Commission
Page 3
II. Issues•
Zoning of the subject property is LM, Light Manufacturing
District. The zoning pattern in the area, predominantly
light manufacturing, is as follows: to the west, east
and south is LM, Light Manufacturing District; to the
north, across Salem Turnpike, are RM -1 and RM -2,
Manufacturing District. If approved, the requested
rezoning will divide an existing structure by the
proposed zoning district boundary line. The area
requested for rezoning (2.01 acres) is significantly less
than the area requested for rezoning in the original
petition (t 5 acres) and would involve substantially less
street frontage on Salem Turnpike.
B. Land use of the subject property is a vacant industrial
building and recently constructed addition. The
surrounding land use is predominantly industrial, single
family and multifamily uses exist across Salem Turnpike
to the west and north; a large cemetery is located to the
north; a trucking terminal to the south and several
parcels of vacant, undeveloped land to the east.
C. Access to the property is provided by the adjoining
public street, Salem Turnpike. The City Traffic Engineer
has stated that there are no plans currently proposed for
widening or any other related improvements to Salem
Turnpike. The Peters Creek Road extension project
(currently under design) is located approximately 1 mile
from this property and will increase accessibility to the
site.
D. industrial land has been identified as a valuable
economic asset in the City and should be protected. The
City's Office of Economic Development and the Roanoke
Valley Economic Development Partnership have initiated a
number of public and private economic development efforts
to promote industrial /manufacturing site development,
including this particular site. Strategies have been
developed to focus on completing existing developments
and to market available areas suitable for industrial
development.
Although the current request involves significantly less
area than the previous rezoning request, it would still
remove viable industrially zoned land from the City's
existing inventory and possibly would encourage
additional rezoning requests in the area.
Members of the Commission
Page 4
E. Comprehensive Plan recommends that:
1. New industries, which provide jobs and add to the
City tax base, should be encouraged to develop on
appropriate sites;
2. other uses of limited, undeveloped industrial land
be discouraged;
3. Appropriately zoned development in the Urban
Enterprise Zone be promoted;
4. New strip commercial development, speculative
development and land use conflicts be discouraged.
III. Alternatives:
A. Planning Commission recommend denial of the rezoning
request.
1. Zonina would remain LM, Light Manufacturing
District. The area would remain available for new
or infill industrial development or redevelopment.
2. Land use would remain as is currently developed
with the possibility of new or existing industries
relocating, expanding or developing in this area.
3. Access to and from the subject property would not
be an issue.
4. Industrial area would be presented and protected.
The property proposed for rezoning is a viable area
for industrial development and redevelopment. This
has been demonstrated by the fact that over the
past 3 years, the City's Office of Economic
Development has assembled 8 acres of undeveloped,
industrially zoned land in the area to promote and
facilitate new industrial development. Rezoning of
the property to permit general commercial uses
would adversely affect the potential for new
industrial development or the redevelopment of
existing industrial sites in this area.
5. Comprehensive Plan issues as set forth would be
followed. The subject property is located within
an Urban Enterprise Zone which has been set up to
promote and facilitate industrial development in
this section of the City.
Members of the Commission
Page 5
B. Planning Commission recommends approval of the rezoning
request.
1. Zoning would become conditional, C -2, General
Commercial District. A recently constructed
portion of an existing industrial type building, a
vacant, undeveloped lot would be zoned for
commercial indoor recreational activities.
Possible illegal "spot zoning" may occur. Viable
industrially zoned land would be removed from the
City's existing inventory.
2. Land use would become commercial indoor
recreational activities as previously described.
Surrounding land uses, on adjoining properties,
would be of an industrial type nature. Approval of
the rezoning request would permit commercial uses
in the middle of an established industrial area.
3. Access to the subject property would continue to be
provided by the adjoining public street, Salem
Turnpike. The City Traffic Engineer has stated
that traffic generated by the proposed commercial
activities would have minimal impact on Salem
Turnpike.
4. Industrial area would be negatively affected by the
proposed rezoning of an existing industrial type
building and recent addition. Rezoning the subject
property to commercial would create a disincentive
for future industrial development and investment in
this area by the interjection of non - supportive
commercial uses as proposed.
5. Comprehensive Plan issues as set forth would not be
followed.
IV. Recommendation:
The Planning staff recommends denial of the requested
rezoning for the following reasons: (1) the subject
property is appropriately zoned for industrial
development and is consistent with the City's economic
development strategy for this area, (2) the City's
Members of the Commission
Page 6
and (3) the rezoning of a portion of this area for
commercial uses would adversely affect the future
development or redevelopment of this area for industrial
purposes.
Respectfully submitted,
John R. Marlles, Agent
Roanoke City Planning Commission
JRM:ga
Attachments
cc: Assistant City Attorney
Director of Public Works
City Engineer
Building Commissioner /zoning Administrator
Attorney for the Petitioner
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
IN RE:
Rezoning a tract of land lying on )
the South side of Salem Turnpike NW )
and being a northeasterly 166 feet, )
more or less, of Tax Map #2640311; ) PETITION
a westerly 84 feet, more or less ) TO
of Tax Map #2640351 and extending back ) REZONE
between parallel lines 350 feet, more )
or less, all as more particularly )
described on the attached Exhibit "A" )
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE
CITY OF ROANOKE:
The Petitioner, H & C Partnership owns land in the City of
Roanoke containing 2.00 acres, more or less, located on Salem
Turnpike, NW, Roanoke, Virginia 24017, being a northeasterly 166
feet, more or less, of Tax Map #2640311; a westerly 84 feet, more
or less, of Tax Map #2640351 and extending back between parallel
lines 350 feet, more or less. Said tracts are currently zoned LM,
Light Manufacturing District. A Map of the property to be rezoned
is attached as Exhibit "B."
Pursuant to Section 36.1 -690, Code of the City of Roanoke
(1979), as amended, the Petitioner request that the said property
be rezoned from LM, Light Manufacturing District to C -2, General
Commercial District, subject to certain conditions set forth below,
for the purpose of allowing the property to be used for indoor
recreation purposes.
The Petitioner hereby proffers and agrees that if the said
tract is rezoned as requested, that the rezoning will be subject
to, and that the Petitioner will abide by, the following conditions:
I ) That the property will be developed in substantial
conformity with the site plan dated January 11, 1993 a
copy of which is attached to the Petition for Rezoning as
Exhibit "C," subject to any changes required by the City
during site plan review.
2) That the subject property requested for rezoning will
be used for indoor recreational uses including bingo.
3) That at the expiration of ten years from the
effective date of the City Ordinance rezoning the
property from LM, Light Manufacturing District, to C -2,
General Commercial District, the property will
automatically revert from C -2, General Commercial
District, to LM, Light Manufacturing District, without
any further action required of City Council.
4) Furthermore, at the expiration of ten years from the
effective date of the City Ordinance rezoning the
property from LM, Light Manufacturing District, to C -2,
General Commercial District, all the indoor recreational
uses established on the subject property shall be
discontinued and all new uses on the subject property
shall be those as permitted in the LM, Light
Manufacturing District.
The Petitioner believes that the requested rezoning is more in
conformance with the surrounding area uses than the comprehensive
plan which calls for the property to be used for the purposes of
light manufacturing activities.
The Petitioner believes the rezoning of the said tracts of
land will further the intent and purposes of the City's Zoning
Ordinance and will enhance its comprehensive plan, in that it will
be in the best interest of the City in promoting economic
development within the community.
Attached as Exhibit "D" are the names, addresses and tax
numbers of the owners of all lots or property immediately adjacent
to and immediately across a street or road from the property to be
rezoned.
WHEREFORE, the Petitioner request that the above - described
tracts be rezoned as requested in accordance with the provisions of
the Zoning Ordinance of the City of Roanoke.
Respectfully submitted this day April 13, 1993.
Respectfully submitted,
H & C PARTNERSHIP, a general
partnership
'1
By n�,�illlM ,
General Partner
3348 Salem Turnpike, NW -
Roanoke. VA 24017
JOLLY, PLACE, FRALIN & PRILLAMAN, P.C.
W. H. Fralin
3912 Electric Road, S. W.
Roanoke, Virginia 24018
703/989 -0000
Schedule A
All that certain tract or parcel of land containing 2.00 acres,
more or less, lying on the South side of Salem Turnpike NW and
being a northeasterly 166 feet, more or less, of Tax Map #2640311;
a westerly 84 feet, more or less, of Tax Map #2640351 and extending
back between parallel lines 350 feet, more or less.
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EXHIBIT "D"
Tax Man No. 2520127
Maude P. Bolling
3611 New spring Branch Road, S.E.
Roanoke, VA 24014
Tax Mao Nos 2640349/2640326
Alexander N. Apostolou, et als
P.O. Box 1855
Roanoke, VA 24008
Tax Man No. 2650102
Fairview Cemetery Co., Inc.
P.O. Box 6231
Roanoke, VA 24017
Tax May No 2640316
RV Properties
P.O. Box 6354
Roanoke, VA 24017
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
213 Church Avenue, S.W., Room 456
Roanoke, Vagina 24011
Telephone: (703) 981 -2541
MARY F. PARKER
City Clerk, CMC /AAE
April 22, 1993
File #51
Mr. W. H. Fralin, Attorney
Jolly, Place, Fralin and Prillaman, P. C.
3912 Electric Road, S. W.
Roanoke, Virginia 24018
Dear Mr. Fralin:
SANDRA H. EAKIN
Deputy City Clerk
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 will be held on
Monday, May 10, 1993, at 7:30 p.m., or as soon thereafter as the matter may be
heard, in the City Council Chamber, fourth floor of the Municipal Building, 215
Church Avenue, S. W., on the request of H & C Partnership that a tract of land
lying on the south side of Salem Turnpike, N. W., and being the northeasterly 166
feet, more or less, of Official Tax No. 2640311, the westerly 84 feet, more or less,
of Official Tax No. 2640351 and extending back between parallel lines 350 feet, more
or less, said tract containing 2.00 acres, such rezoning to be subject to certain
proffered conditions, be rezoned from LM, Light Manufacturing District, to C -2,
General Commercial District. -
For your information, I am enclosing copy of a notice of the public hearing providing
for the rezoning, which notice was prepared by the City Attorney's Office. Please
review the document and if you have questions, you may contact Mr. Steven J.
Talevi, Assistant City Attorney, at 981 -2431.
Sincerely,
n o" � 4
Mary F. Parker,
City Clerk
MFP: am
May
Enc.
CMC /AAE
S�
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, May 10, 1993,
at 7:30 p.m., in the Council Chamber in the Municipal Building, 215
Church Avenue, S.W., on the question of rezoning from LM, Light
Manufacturing District, to C -2, General Commercial District, the
following property:
A tract of land lying on the south side of
Salem Turnpike, N. W., and being the
northeasterly 166 feet, more or less, of
Official Tax No. 2640311, the westerly 84
feet, more or less, of Official Tax No.
2640351 and extending back between parallel
lines 350 feet, more or less, said tract
containing 2.00 acres, 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 21st day of April , 1993.
Mary F. Parker, City Clerk.
Please publish in full twice, once on Friday, April 23, 1993, and once on
Friday, April 30, 1993, in the Roanoke Times and World -News.
Send publisher's affidavit to: Send bill to:
Mary F. Parker, City Clerk Mr. W. R. Fralin, Attorney
Room 456, Municipal Building lolly, Place, Fralin and
215 Church Avenue, S. W. Prillaman, P.C.
Roanoke, Virginia 24011 -1536 3912 Electric Road, S. W.
Roanoke, Virginia 24018
,s V'TS° TI'4 °S E ,"'L7 -: -..S
4U NU-6ER - 42114834
q„
PUBLISHER'S FEE - 3117.00 -'
W H FRALIN &TTY
3912 - LECTRIC ROAD S n
P O tUX 20497
RiJANUKE Va 24013
STATE OF VIRGINIA
CITY OF ROANOKE
AFFIDAVIT OF PUnLICATION
I, ITHE UNDERSIGNFDI AN AUTHORIZED
REPRESENTATIVE OF THE TIMES -WORLD COR-
PORATION, WHICH CORPORATION IS PUnLISHFR
OF THE ROANOKE TIMES E WORLD -NEWS, A
DAILY NFWSPAPER PUBLIS -IEO IN ROANOKE, IN
THE STATE OF VIRGINIA, DO CERTIFY THAT
THr ANNE %FD NOTICE wAS PU9LISHED IN SAID
NEASPAPERS ON TH- FOLLOWING DAT-S
94/23/93 iIJRNING
04/30/93 M03NI'4G
WITNESS, THIS 1ST DAY OF MAY 1993
_� -_ pp_ __ ✓x '{may!` ✓. ^.,G�
AUTHORIZED SIGNATURE
'93 t`�,'O 10
G u. ewauMi.
aM aw
Mary
F. YaMM.
Clty LWM
IILL11
S�
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, May 10, 1993,
at 7:30 p.m., in the Council Chamber in the Municipal Building, 215
Church Avenue, S.W., on the question of rezoning from LM, Light
Manufacturing District, to C -2, General Commercial District, the
following property:
A tract of land lying on the south side of
Salem Turnpike, N. W., and being the
northeasterly 166 feet, more or less, of
Official Tax No. 2640311, the westerly 84
feet, more or less, of Official Tax No.
2640351 and extending back between parallel
lines 350 feet, more or less, said tract
containing 2.00 acres, 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 21st day of April , 1993.
Mary F. Parker, City Clerk.
Please publish in full twice, once on Friday, April 23, 1993, and once on
Friday, April 30, 1993, in the Roanoke Times and World -News.
Send publisher's affidavit to:
Mary F. Parker, City Clerk
Room 456, Municipal Building
215 Church Avenue, S. W.
Roanoke, Virginia 24011 -1536
Send bill to:
Mr. W. H. Fralin, Attorney
Jolly, Place, Fralin and
Prillaman, P.C.
3912 Electric Road, S. W.
Roanoke, Virginia 24018
MARY F. PARKER
City Clerk, CMC /AAE
CM OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 21011
Telephone; (703) 981-2541
April 22, 1993
File #51
Mr. W. H. Fralin, Attorney
Jolly, Place, Fralin and Prillaman, P. C.
3912 Electric Road, S. W.
Roanoke, Virginia 24018
Dear Mr. Fralin:
SANDRA H. EAKIN
Deputy City Clerk
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 will be held on
Monday, May 10, 1993, at 7:30 p.m., or as soon thereafter as the matter may be
heard, in the City Council Chamber, fourth floor of the Municipal Building, 215
Church Avenue, S. W., on the request of H & C Partnership that a tract of land
lying on the south side of Salem Turnpike, N. W., and being the northeasterly 166
feet, more or less, of Official Tax No. 2640311, the westerly 84 feet, more or less,
of Official Tax No. 2640351 and extending back between parallel lines 350 feet, more
or less, said tract containing 2.00 acres, such rezoning to be subject to certain
proffered conditions, be rezoned from LM, Light Manufacturing District, to C -2,
General Commercial District.
For your information, I am enclosing copy of a notice of the public hearing providing
for the rezoning, which notice was prepared by the City Attorney's Office. Please
review the document and if you have questions, you may contact Mr. Steven J.
Talevi, Assistant City Attorney, at 981 -2431.
Sincerely, /�
°� �, I a��
Mary F. Parker, CMC /AAE
City Clerk
MFP:sm
May
Enc.
Svlr. W. H. Fralin, Attorney
April 22, 1993
Page 2
Pc: H & C Partnership, 3348 Salem Turnpike, N. W., Roanoke, Virginia 24017
Ms. Maude P. Bolling, 3611 New Spring Branch Road, S. E., Roanoke,
Virginia 24014
Mr. Alexander N. Apostolou, et als, P. O. Box 1855, Roanoke, Virginia
24008
Fairview Cemetery Co., Inc., P. O. Box 6231, Roanoke, Virginia 24017
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
' 215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703) 981 -2541
MARY F. PARKER SANDRA H. EAKIN
City Clerk, CMC /A Deputy City Clerk
April-15, 1993
File #51
Mr. Charles A. Price, Jr., Chairperson
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 W. H. Fralin, Attorney,
representing H & C Partnership requesting that a tract of land located on Salem
Turnpike, N. W. , containing 2.00 acres, more or less, being the northeasterly 166
feet, more or less, of property described as Official Tax No. 2640311, and the
westerly 84 feet, more or less, of Official Tax No. 2640351, be rezoned from LM,
Light Manufacturing District, to C -2, General Commercial District, subject to certain
conditions proffered by the petitioner.
Sincerely,
Mary F. Parker, CMC /AAE
City Clerk
MFP: sm
r /HC
Enc.
PC: The Honorable Mayor and Members of the Roanoke City Council
Mr. John R. Marlles, Agent, City Planning Commission
Mr. Ronald H. Miller, Building Commissioner/ Zoning Administrator
Ms. Evelyn D. Dorsey, Acting Assistant Zoning Administrator
Mr. Steven J. Talevi, Assistant City Attorney
Mr. W. H. Fralin, Attorney, Jolly, Place, Fralin and Prillaman, P.C.,
3912 Electric Road, S. W., Roanoke, Virginia 24018
Mr. Laurence E. Causey, General Partner, H & C Partnership, 3348 Salem
Turnpike, N. W., Roanoke, Virginia 24017
STATEMENT OF FILING COMPLIANCE AND FEE CALCULATION
Petitioner: L,.,y i ��i_�7e.a�t�.,' 2,�c,t ..�
Petition inc udY es'.'
( ',I- (a) Description of the purpose for the zoning and the proposed
/ use of the property.
(,J (b) Concept plan outlining features of the proposed use of the
property including buildings, parking, access and similar
features.
I✓t (c) Map or maps of the area requested for rezoning,
[✓j (d) Names, signatures, and addresses of the owner or owners of
the lots or property included in the proposed change; and
(VJ' (e) Names, addresses and official tax numbers of owners of the
lots or property immediately adjacent to and those directly
opposite thereto.
ab
Calculated fee:
t)
ecretar,Y a t
Roanokd It Planning Commi Sion
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
°93 f? I4 P
IN RE:
Rezoning a tract of land lying on )
the South side of Salem Turnpike NW )
and being a northeasterly 166 feet, )
more or less, of Tax Map #2640311; ) PETITION
a westerly 84 feet, more or less ) TO
of Tax Map #2640351 and extending back ) REZONE
between parallel lines 350 feet, more )
or less, all as more particularly )
described on the attached Exhibit "A" )
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE
CITY OF ROANOKE:
The Petitioner, H & C Partnership owns land in the City of
Roanoke containing 2.00 acres, more or less, located on Salem
Turnpike, NW, Roanoke, Virginia 24017, being a northeasterly 166
feet, more or less, of Tax Map 12640311; a westerly 84 feet, more
or less, of Tax Map #2640351 and extending back between parallel
lines 350 feet, more or less. Said tracts are currently zoned LM,
Light Manufacturing District. A Map of the property to be rezoned
is attached as Exhibit "B."
Pursuant to Section 36.1 -690, Code of the City of Roanoke
(1979), as amended, the Petitioner request that the said property
be rezoned from LM, Light Manufacturing District to C -2, General
Commercial District, subject to certain conditions set forth below,
for the purpose of allowing the property to be used for indoor
recreation purposes.
The Petitioner hereby proffers and agrees that if the said
tract is rezoned as requested, that the rezoning will be subject
to, and that the Petitioner will abide by, the following conditions:
1) That the property will be developed in substantial
conformity with the site plan dated January 11, 1993 a
copy of which is attached to the Petition for Rezoning as
Exhibit "C," subject to any changes required by the City
during site plan review.
2) That the subject property requested for rezoning will
be used for indoor recreational uses including bingo.
3) That at the expiration of ten years from the
effective date of the City ordinance rezoning the
property from LM, Light Manufacturing District, to C -2,
General Commercial District, the property will
automatically revert from C -2, General Commercial
District, to LM, Light Manufacturing District, without
any further action required of City Council.
4) Furthermore, at the expiration of ten years from the
effective date of the City Ordinance rezoning the
property from LM, Light Manufacturing District, to C -2,
General Commercial District, all the indoor recreational
uses established on the subject property shall be
discontinued and all new uses on the subject property
shall be those as permitted in the LM, Light
Manufacturing District.
The Petitioner believes that the requested rezoning is more in
conformance with the surrounding area uses than the comprehensive
plan which calls for the property to be used for the purposes of
light manufacturing activities.
The Petitioner believes the rezoning of the said tracts of
land will further the intent and purposes of the City's Zoning
Ordinance and will enhance its comprehensive plan, in that it will
be in the best interest of the City in promoting economic
development within the community.
Attached as Exhibit "D" are the names, addresses and tax
numbers of the owners of all lots or property immediately adjacent
to and immediately across a street or road from the property to be
rezoned.
WHEREFORE, the Petitioner request that the above - described
tracts be rezoned as requested in accordance with the provisions of
the Zoning Ordinance of the City of Roanoke.
Respectfully submitted this day April 13, 1993.
Respectfully submitted,
H & C PARTNERSHIP, a general
partnership
I' p x
General Partner
3348 Salem Turnpike, NW
Roanoke, VA 24017
JOLLY, PLACE, FRALIN & PRILLAMAN, P.C.
W. H. Fralin
3912 Electric Road, S. W.
Roanoke, Virginia 24018
703/989 -0000
Schedule A
All that certain tract or parcel of land containing 2.00 acres,
more or less, lying on the South side of Salem Turnpike NW and
being a northeasterly 166 feet, more or less, of Tax Map #2640311;
a westerly 84 feet, more or less, of Tax Map #2640351 and extending
back between parallel lines 350 feet, more or less.
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EXHIBIT "D"
Tax Mao No. 2520127
Maude P. Bolling
3611 New Spring Branch Road, S.E.
Roanoke, VA 24014
Tax Map. NOS. 2640349/2640326
Alexander N. Apostolou, et als
P.O. Box 1855
Roanoke, VA 24008
Tax Map No. 2650102
Fairview Cemetery Co., Inc.
P.O. Box 6231
Roanoke, VA 24017
Tax Map No. 2640316
RV Properties
P.O. Box 6354
Roanoke, VA 24017
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, May 5, 1993,
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 H & C Partnership, represented by W. H. Fralin, attorney, that a 166'x350'
portion of property located on Salem Turnpike, N.W., designated as a portion of Official Tax
No. 2640311, and a 84'x350' portion of property located on Salem Turnpike, N.W., designated
as a portion of Official Tax No. 2640351, be rezoned from LM, Light Manufacturing 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. Mariles, Agent
Roanoke City Planning Commission
Please run in newspaper on Tuesday, April 20, 1993 and Tuesday, April 27, 1993.
Please bill to: W. H. Fralin
Jolly, Place, Fralin& Prillaman, PC
3912 Electric Road, S.W.
Roanoke, VA 24018
(703) 989 -0000
Please send affidavit of publication to: Office of Community Planning
Room 355, Municipal Building
215 Church Avenue, S.W.
Roanoke, VA 24011
April 14, 1993 - -- - -
�A;�+ -J °Aye
�i 3r
John Marlles G(_ : ,.KE
Agent Roanoke City Planning Commission
Room 355 OFFICE U� GGtAmUN11Y PLANNING
215 Church Ave., S.W.
Roanoke, Va 24011
RE: Rezoning Application filed on January 13, 1993
Dear Mr. Marlles:
Upon the receipt of this letter I hereby withdraw the
original rezoning petition filed on January 13, 1993, on
behalf of H &C Partnership to rezone 5.00 acres of land on
Salem Turnpike, NW. Receipt of this withdrawal letter
should terminate all actions pursuant to the original
petition filed January 13, 1993.
Please contact me if you have any questions in this
regard.
Very truly yours,
JOLLY, PLACE,, F/1RALTN && PR�IL/Lj.A�MAN, P.C.
W. Re'o4aliri"
mbw
LAW OFFICES
JOLLY,
F,�A,C'-F�RALIN & PRILLAMAN, PC
doLVliszs -19661
3912 ELECTRIC ROAD, s. W.
SALEM, VA. 24153
IACN V PLACE
105 O Ta 5 ELT
TWOOD c
P. 0. 90 %2OA8>
79
L~Ory a
il(1f�J 24018
''1111 ff11 NDI?Q6jPJIA
'A>I>o313e92a9sD
95
STEPMENNM
101 1 969 -0000
MCM L
ROBIND
PAX (703) 792 -0126
8 TON
April 14, 1993 - -- - -
�A;�+ -J °Aye
�i 3r
John Marlles G(_ : ,.KE
Agent Roanoke City Planning Commission
Room 355 OFFICE U� GGtAmUN11Y PLANNING
215 Church Ave., S.W.
Roanoke, Va 24011
RE: Rezoning Application filed on January 13, 1993
Dear Mr. Marlles:
Upon the receipt of this letter I hereby withdraw the
original rezoning petition filed on January 13, 1993, on
behalf of H &C Partnership to rezone 5.00 acres of land on
Salem Turnpike, NW. Receipt of this withdrawal letter
should terminate all actions pursuant to the original
petition filed January 13, 1993.
Please contact me if you have any questions in this
regard.
Very truly yours,
JOLLY, PLACE,, F/1RALTN && PR�IL/Lj.A�MAN, P.C.
W. Re'o4aliri"
mbw
TO THE CITY CLERK OF THE CITY OF ROANOKE, V7 RI NIA
PERTAINING TO THE REZONING REQUEST OF:
'93 q1I r 29
Request from H & C Partnership and RV Properties, )
represented by W. H. Fralin, Attorney, that Official)Affi-
Tax No. 2640351, 2640316, and a portion of 2640311, )davit
be rezoned from LM to C -2, conditional. )
COMMONWEALTH OF VIRGINIA )
TO -WIT:
CITY OF ROANOKE )
The affiant, Martha Pace Franklin, first being duly sworn,
states that she is 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 29th day of March,
1993, notices of a public hearing to be held on the 7th day of
April, 1993, on the rezoning captioned above to the owner or agent
of the parcels listed below at their last known address:
Parcel Owner. Agent or Occupant Address
2560127 Maude P. Bolling 3611 New Spring
Branch Road, SE
Roanoke, VA 24014
2640349 Alexander N. Apostolou, etals P. O. Box 1855
Roanoke, VA 24008
2650102 Fairview Cemetery Co., Inc. P. 0. Box 6231
Roanoke, VA 24017
o /
Mar ha Pace Franklin
SUBSCRIBED AND SWORN to before me, a Notary Public, in
the City of Roanoke, Virginia, this 29th day of March, 1993.
Notary Public
My Commission Expires: 0128A ?7
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703) 981 -2541
MARY F. PARKER
City Clerk, CMC /AAE
May 21, 1993
File #67- 122- 169 -259
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
SANDRA H. EAKIN
Deputy City Clerk
I am attaching copy of Ordinance No. 31448 - 051793 accepting the bid of The Swanson
Corporation of Omaha, Nebraska, for concession privileges at the River's Edge
Sports Complex, for a monthly fee of $833.33, or 20 per cent of gross receipts per
month whichever is greater, for a three year term beginning June 1, 1993 and ending
May 31, 1996, with an option to renew the contract for two additional years, upon
certain terms and conditions; and authorizing execution of the requisite concession
agreement. Ordinance No. 31448 - 051793 was adopted by the Council of the City of
Roanoke on first reading on Monday, May 10, 1993, also adopted by the Council on
second reading on Monday, May 17, 1993, and will take effect ten days following the
date of its second reading.
Sincerely,
"� &-A-., 4 p�--
Mary F. Parker, CMC /AAE
City Clerk
MFP:sm
Enc.
PC: Mr. Wilburn C. Dibling, Jr., City Attorney
Mr. James D. Grisso, Acting Director of Finance
Ms. Deborah J. Moses, Chief of Billings and Collections
Mr. William F. Clark, Director, Public Works
Mr. Lynnis B. Vernon, Acting Manager, Parks and Recreation/ Grounds
Mr. Owen M. Grogan, Superintendent, Recreation
Mr. Kit B. Kiser, Director, Utilities and Operations
Mr. D. Darwin Roupe, Manager, General Services
Mr. Barry L. Key, Manager, Office of Management and Budget
CM OF ROANOM
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703) 981 -2541
MARY F. PARKER
City Clerk, CMC /AAE
Mr. Lou Sinos
Division Manager
The Swanson Corporation
3200 South 60th Street
Omaha, Nebraska 68106
Gentlemen:
May 21, 1993
File #67- 122 -169 -259
SANDRA H. EAKIN
Deputy City Clerk
Mr. Gerald E. Tribbett, President
Tribbett's Portable Foods
3492 Jae Valley Road, S. W.
Roanoke, Virginia 24014
I am enclosing copy of Ordinance No. 31448 - 051793 accepting the bid of The Swanson
Corporation of Omaha, Nebraska, for concession privileges at the River's Edge
Sports Complex, for a monthly fee of $833.33, or 20 per cent of gross receipts per
month whichever is greater, for a three year term beginning June 1, 1993 and ending
May 31, 1996, with an option to renew the contract for two additional years, upon
certain terms and conditions; and authorizing execution of the requisite concession
agreement. Ordinance No. 31448- 051793 was adopted by the Council of the City of
Roanoke on first reading on Monday, May 10, 1993, also adopted by the Council on
second reading on Monday, May 17, 1993, and will take effect ten days following the
date of its second reading.
Sincerely,
Mary F. isarker, CMC /AAE
City Clerk
MFP:am
Enc.
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 17th day of May, 1993.
No. 31448 - 051793.
AN ORDINANCE accepting a bid for concession privileges at the
River's Edge Sports Complex, upon certain terms and conditions; and
authorizing the execution of the requisite concession agreement.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. The bid of The Swanson Corporation of Omaha, Nebraska,
which bid complies with all City specifications, for concession
privileges at the River's Edge Sports Complex, for a monthly fee of
$833.33, or twenty percent (20 %) of gross receipts per month, which
ever is greater, for a three (3) year term beginning June 1, 1993
and ending May 31, 1996, with an option to renew the contract for
two (2) additional years, upon the same terms and conditions, is
hereby ACCEPTED.
2. The City Manager is hereby authorized, for and on behalf
of the City, to enter into and execute the requisite concession
agreement with the aforesaid concessionaire. The agreement shall
incorporate all the terms, provisions and conditions contained in
the City's form of proposal advertised for bids and on which the
aforesaid concessionaire's bid to the City was made, and the form
of such agreement shall be approved by the City Attorney.
ATTEST:
City Clerk.
r~ECEi'v!: ~
CITY !
Roanoke
'93 t~AY-5 P3:36 May 10,
Virginia
1993
Honorable Mayor David A. Bowers
and Members of City Council
Roanoke, Virginia
Dear Mayor and Members of Council:
SUBJECT:
Bids for Food and Beverage Concession service et
River's Edge Sports Complex
Bid ~,mher 93-3-16
I. BACKGROUND~
Contract Documents were developed for the purpose of
securing bids from vendors interested in providing food
and beverage concession and catered service at the
River's Edge Sports Complex (Maher Field, National Guard
Armory, South Roanoke Park and Victory Stadium).
Reauest for bids was publicly advertised on Sunday, March
7, 1993 in the Roanoke Times and World-News and Thursday,
March 11, 1993 in the Roanoke Tribune. Seventeen (17)
known concession vendors were mailed complete Bid
Documents.
Concession Contract would be in effect for a three (3)
year term with an option to renew the Contract for two
(2) additional years upon the same terms and conditions.
De
Bidders were to indicate on the Proposal Form the monthly
amount to be paid to the City in consideration of the
right, privilege and obligation to provide food and
beverage concession service at the River's Edge Sports
Complex. The monthly payment would be the greater of
either a lump sum amount or a percentage amount of gross
receipts.
II. CURRENT SITUATION:
ae
Two (2) base bids and one (1) alternate bid were received
and publicly opened at 2 p.m. on Friday, March 26, 1993
in the office of General Services. Refer to Attachment
"A" Tabulation of Bids.
Bid Review Committee was composed of representatives of
the following departments:
Director of Public Works
Recreation, Parks and Grounds Maintenance
General Services
Mayor and Members of Council
May 10, 1993
Page 2
III. ISSUES:
A. Comnliance of high bidder with Contract Documents.
Need for concession service at River's Edge Sports
Complex.
C. Amount of revenue to the City.
IV. ALTERN&TIVES~
Accent the base bid submitted by The Swanson Corporation
of Omaha, Nebraska and award a Contract to provide food
and beverage concession service at the River's Edge
Sports Complex for the amount to be paid to the City of
either $833.33 per month or 20% of gross receipts per
month, whichever is greater.
Compliance of high bidder with requirements of the
Contract Documents was met.
Need for food and beverage concession service at
River's Edge Sports Complex, to adequately support
the various events and activities, would be met.
e
Amount of revenue to the City should remain
constant. Previous concession Contract payments
were the greater of either $103.00 per month or
33.3% of gross sales per month and the annual
revenue averaged $11.700.00 for past two (2) years.
Refer to Attachment "B" Evaluation of Bids.
Re4ect the bids received and not award a Contract at this
time.
Compliance of high bidder with requirements of
Contract Documents would not be an issue.
2e
Need for food and beverage concession service at
River's Edge Sports Complex would not be met
resulting in delays for providing adequate service
due to rebidding process.
Amount of revenue to the City would be unknown.
Future bidding may reduce possible revenues.
Mayor and Members of Council
May 10, 1993
Page 3
V. RECOMMENDATION=
city Council concur with Alternative "A" and accept the
most favorable base bid received.
Authorize the city Manager to enter into a contractual
agreement in a form approved by the City Attorney, with
The Swanson Corporation of Omaha, Nebraska to provide
food and beverage concession service at the River's Edge
Sports Complex for the amount to be paid to the City of
either $833.33 per month or 20% of gross receipts per
month, whichever is greater, for a three (3) year term
beginning on June 1, 1993 and ending on May 31, 1996 with
an option to renew the Contract for two (2) additional
years upon the same terms and conditions.
Respectfully submitted,
W. Robert Herbert
City Manager
WRH:LBV:jj
Attachments
cc:
Mr. Lou Sinos, Division Manager, The Swanson Corporation
Mr. Gerald E. Tribbett, Owner, Tribbett's Portable Foods
City Attorney
Acting Director of Finance
Director of Public Works
Manager, Management and Budget
Acting Manager, Recreation, Parks and Grounds Maintenance
Chief, Billings and Collections
Manager, General Services
Recreation Superintendent
Attachment "A"
T~UL~TION OF BIDS
FOOD AND BEVERAGE CONCESSION SERVICE
RIVER'S EDGE SPORTS COMPLEX
Bids opened in Office of General Services on Friday, March 26, 1993
at 2:00 p.m.
1. THE SWANSON CORPORATION (Base Bid) "RECOMMENDATION"
Pay monthly to the city the greater sum of either $833.33
Dollars or 20% of gross receipts made on the sale of
concession food and beverage items and 20% of gross receipts
made on the sale of catered food and beverage items.
2. TRIBBETT'S PORTABLE FOODS (Base Bid)
Pay monthly to the City the greater sum of either $0 Dollars
or 25% of gross receipts made on the sale of concession food
and beverage items and 15% of gross receipts made on the sale
of catered food and beverage items.
3. THE SWANSON CORPORATION (Alternate Bid)
Pay the City monthly the following percentages for the sale of
food and beverage items on all concession and catering sales:
Sales From $0 - $50,000
From $50,001 - $60,000
Sales Over $60,001
20% Commission
23% Commission
25% Commission
Bid Review Committee:
William F. Clark
~i%rector
D. Darwin Roupe · ~
Manager, General Services
of Public Works
Lynnis B. Vernon
Acting Manager, Recreation
Parks & Grounds Maintenance
EVALUATION OF BIDS
FOOD ~ BEVEI:~GE CONCESSION SERVICE
RIVER'S EDGE SPORTS COHPLEX
Attachment "B"
MONTHS
January
February
March
April
May
June
July
August
September
October
November
December
TOTALS
GROSS CONCES~
RECEIPTS BID i * BID 2 BID 3
No Sales $ 833.33 $ 0.00 $ 0.00
No Sales 833.33 0.00 0.00
No Sales 833.33 0.00 0.00
$ 809.59 833.33 202.40 161.92
4085.22 833.33 1021.31 817.04
3930.52 833.33 982.63 786.10
7296.20 1459.24 1824.05 1459.24
3852.24 833.33 963.06 770.45
5753.06 1150.61 1438.27 1150.61
6222.43 1244.49 1555.61 1244.49
2941.75 833.33 735.44 588.35
No Sales 833.33 0.00 0.00
$34,891.01 $11,354.31 $8,722.77 $6,978.20
Evaluation based upon average monthly concession sales for past two
(2) years. Annual total sales have averaged $36.974.19. Annual
gross receipts have averaged $34.891.01. Annual concession fees
have averaged $11.711.94.
* Recommendation for Bid Number 1.
MARY F. PARKER
City Clerk, CMC/AAE
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
21~ Church Avenue, $.W., l~om 456
Roanoke, Virginia 24011
Telephone: (703) 981-2541
Deputy City Clerk
May 21, 1993
File #24-79
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Ordinance No. 31462-051793 amending and reordaining Section
32-16, Leviedj rate, Cede of the City of Roanoke (1979), as amended, to provide for
reduction of the real estate tax rate from $1.25 on every one hundred dollars of fair
market value to $1.23 on every one hundred doliara of fair market value, effective
the second half of the tax year 1993-1994, commencing on January 1, 1994.
Ordinance No. 31462-051793 was adopted by the Council of the City of Roanoke on
first reading on Monday, May 10, 1993, also adopted by the Council on second
reading on Monday, May 17, 1993.
Sincerely,
Mary F. Parker, CMC/AA~E
City Clerk
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The Honorable Kenneth E. Trabue, Chief Judge, Circuit Court, 305 East Main
Street, Saiem, Virginia 24153
The Honorable G. O. Clemens, Judge, Circuit Court, p. O. Box 1016,
Salem, Virginia 24153
The Honorable Roy B. Willett, 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 Trompeter, Judge, Juvenile and Domestic Relations
District Court
Mr. W. Robert Herbert
May 21, 1993
Page 2
pc:
The Honorable Fred L. Hoback, 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
The Honorable Donald S. Caldwell, Commonwealth's Attorney
The Honorable Arthur B. Crush, III, Clerk, Circuit Court
The Honorable Gordon E. Peters, City Treasurer
The Honorable Jerome S. Howard, Jr., Commissioner of Revenue
Ms. Patsy Bussey, Clerk, Juvenile and Domestic Relations District Court
Mr. Ronald Albright, Clerk, General District Court
Mr. Wilburn C. Dibling, Jr., City Attorney
Mr. James D. Grisso, Acting Director of Finance
Ms. Deborah J. Moses, Chief of Billings and Collections
Mr. Willard N. Claytor, Director of Real Estate Valuation
Mr. Bobby D. Casey, Office of the Magistrate
Ms. Clayne M. Calhoun, Law Librarian
Mr. Barry L. Key, Manager, Office of Management and Budget
Ms. Dolores Co Dahiels, Assistant to the City Manager for Community
Relations
Mr. Raymond F. Leven, Public Defender, Suite 4B, Southwest Virginia
Building, Roanoke, Virginia 24011
Mr. Robert L. Laslie, Vice President - Supplements, Municipal Code
Corporation, P. O. Box 2235, Tallahassee, Florida 32304
IN THE COUNCIL OF THE CITY OF ROANOKE,
The 17th day of May. 1993.
No. 31462-051793.
VIRGINIA,
AN ORDINANCE amending and reordaining S32-16, Levied~ rate,
Code of the City of Roanoke (1979), as amended, to provide for
reduction of the real estate.tax rate from $1.25 on every one
hundred dollars of fair market value to $1.23 on every one hundred
dollars of fair market value; and providing for an effective date.
BE IT ORDAINED by the Council of the City of Roanoke as
follows:
1. Section 32-16, Levied; rate, Code of the City of Roanoke
(1979), as amended, is amended and reordained as follows:
S32-16. Levied~ rate.
Pursuant to S2, subsection (1), Roanoke Charter of
1952, as amended, and pursuant to the provisions of the
general law of the state, and in order to provide revenue
for the operation and administration of the city
government, the payment of principal and interest upon
the city debt, the operation of the public schools, and
for other municipal expenses and purposes, there is
hereby imposed and levied, and there shall be collected,
for the second half of tax year 1993-1994 and for each
tax year thereafter, a tax upon all real estate and
improvements thereon not expressly exempt from taxation
and not the property of a public service corporation, at
the rate of one dollar and twenty-three cents ($1.23) on
every one hundred dollars ($100.00) of the fair market
value of such property.
2. This ordinance shall be in full force and effect for the
second half of tax year 1993-1994, commencing on January 1, 1994.
ATTEST:
City Clerk.
MARY F. PARKER
City Clerk, CMC/AAE
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 4~6
Roanoke, Virginia 24011
Telephone: (703) 981-2541
SANDRA H, EAKIN
Deputy City Clerk
May 21, 1993
File #24-79
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Ordinance No. 31463-051793 amending and reordaining Section
32-122, Levied, rate, Code of the City of Roanoke (1979), as amended, to provide
for reduction of the real estate and tangible personal property tax rate applicable
to public service corporations, effective the second half of tax year 1993-1994,
commencing on January 1, 1994. Ordinance No. 31463-051793 was adopted by the
Council of the City of Roanoke on first reading on Monday, May 10, 1993, also
adopted by the Council on second reading on Monday, May 17, 1993.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: sm
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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. Wiliett, 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 Trompeter, Judge, Juvenile and Domestic Relations
District Court
Mr. W. Robert Herbert
May 21, 1993
Page 2
pc:
The Honorable
District Court
The Honorable
The Honorable
The Honorable
The Honorable
The Honorable
The Honorable
The Honorable
Ms.
Mr.
Mr.
Mr.
Ms.
Mr.
Mr.
Ms.
Mr.
Fred L. Hoback, Jr., Judge, Juvenile and Domestic Relations
Edward S. Kidd, Jr., Chief Judge, General District Court
Julian H. Raney, Jr., Judge, General District Court
Richard C. Pattisal, Judge, General District Court
Donald S. Caldwell, Commonwealth's Attorney
Arthur B. Crush, III, Clerk, Circuit Court
Gordon E. Peters, City Treasurer
Jerome S. Howard, Jr., Commissioner of Revenue
Patsy Bussey, Clerk, Juvenile and Domestic Relations District Court
Ronald Albright, Clerk, General District Court
Wilburn C. Dibling, Jr., City Attorney
James D. Grisso, Acting Director of Finance
Deborah J. Moses, Chief of Billings and Coliections
Willard N. Claytor, Director of Real Estate Valuation
Bobby D. Casey, Office of the Magistrate
Clayne M. Calhoun, Law Librarian
Barry L. Key, Manager, Office of Management and Budget
Ms. Dolores C. Daniels, Assistant to the City Manager for Community
Relations
Mr. Raymond F. Leven, Public Defender, Suite 4B, Southwest Virginia
Building, Roanoke, Virginia 24011
Mr. Robert L. Laslie, Vice President - Supplements, Municipal Code
Corporation, P. O. Box 223§, Tallahassee, Florida 32304
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 17th day of May, 1993.
No. 31463-051793.
AN ORDINANCE amending and reordaining S32-122, Levied~ rate,
Code of the City of Roanoke (1979), as amended, to provide for
reduction of the real estate and tangible personal property tax
rate applicable to public service corporations; and providing for
an effective date.
BE IT ORDAINED by the Council of the City of Roanoke as
follows:
1. Section 32-122, Levied; rate, Code of the City of Roanoke
(1979), as amended, is amended and reordained as follows:
S32-122. Levied~ rate.
For the purposes stated in S32-16, there is hereby
imposed and levied, and there shall be collected, for
each tax year, a tax on the following classifications of
property at the following rates:
(1)
Upon all real estate and tangible personal
property of public service corporations
assessed for taxation by the state corporation
commission or the state department of
taxation, as appropriate, and in the process
of equalization of assessment by such
commission, at the rates computed pursuant to
S~58.1-2604 and 58.1-2606, Code of Virginia,
which are incorporated by reference herein.
(2)
Upon all real estate and tangible personal
property of public service corporations
assessed by the state corporation commission
or the state department of taxation, as
appropriate, at one hundred (100) percent of
fair market value and not in the process of
equalization by such commission or department,
at the rate of one dollar and twenty-three-
cents ($1.23) on every one hundred dollars
($100.00) of such assessed value.
2. This ordinance shall be in full force and effect for the
second half of tax year 1993-1994, commencing on January 1, 1994.
ATTEST:
City Clerk.
MARY F. PARKER
City Clerk, CMC/AAE
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703) 981-25~1
SANDRA H. EAKIN
Deputy City Clerk
May 21, 1993
File #24-79-353
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Ordinance No. 31465-051793 amending and reordaining Section
32-86, Financial eligibility, Code of the City of Roanoke (1979), as amended, by
adding a new subsection (c), increasing from $22,000.00 to $24,000.00 the total
combined annual income threshold for qualification for real estate tax exemption for
elderly and disabled persons for the tax year commencing July 1, 1994; and
amending current subsection (c) of Section 32-86, Financial eligibility, to
redesignate such subsection as subsection (d). Ordinance No. 34165-051793 was
adopted by the Council of the City of Roanoke on first reading on Monday, May 10,
1993, also adopted by the Council on second reading on Monday, May 17, 1993.
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. Willett, 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 Trompeter, Judge, Juvenile and Domestic Relations
District Court
Mr. W. Robert Herbert
May 21, 1993
Page 2
pc;
The Honorable Fred L. Hoback, 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
The Honorable Donald S. Caldwell, Commonwealth's Attorney
The Honorable Arthur B. Crush, III, Clerk, Circuit Court
The Honorable Gordon E. Peters, City Treasurer
The Honorable Jerome S. Howard, Jr., Commissioner of Revenue
Ms. Patsy Bussey, Clerk, Juvenile and Domestic Relations District Court
Mr. Ronald Albright, Clerk, General District Court
Mr. Wilburn C. Dibling, Jr., City Attorney
Mr. James D. Grisso, Acting Director of Finance
Mr. Willard N. Claytor, Director of Real Estate Valuation
Mr. George C. Snead, Jr., Director, Public Safety
Mr. Bobby D. Casey, Office of the Magistrate
Ms. Clayne M. Calhoun, Law Librarian
Mr. Barry L. Key, Manager, Office of Management and Budget
Ms. Dolores C. Daniels, Assistant to the City Manager for Community
Relations
Mr. Raymond F. Leven, Public Defender, Suite 4B, Southwest Virginia
Building, Roanoke, Virginia 24011
Mr. Robert L. Laslie, Vice President - Supplements, Municipal Code
Corporation, P. O. Box 2235, Tallahassee, Florida 32304
Mr. Edmond A. Damus, 1920 Deyerle Road, S. W., Roanoke, Virginia 24018
IN THE COUNCIL OF THE CITY OF ROANOKE,
The l?th day of May, 1993.
No. 31465-051793.
VIRGINIA,
AN ORDINANCE amending and reordaining S32-86, Financial
eligibility, Code of the City of Roanoke (1979), as amended, by
adding a new subsection (c) in~reasing from $22,000 to $24,000 the
total combined annual income threshold for qualification for real
estate tax exemption for elderly and disabled persons for the tax
year commencing July 1, 1994; and amending current subsection (c)
of S32-86, Financial eliqibility, to redesignate such subsection as
subsection (d).
BE IT ORDAINED by the Council of the City of Roanoke as
follows:
1. Section 32-86, Financial eliqibilit¥, Code of the City of
Roanoke (1979), as amended, is amended and reordained as follows:
$32-86. Financial eligibility.
(c) For the tax year commencing July 1, 1994, and for
subsequent tax years, the total combined income as
defined in subsection (a) above of any owner claiming an
exemption under thls division as of the thirty-first day
of December of the immediately preceding calendar year
shall not exceed twenty-four thousand dollars
($24,000.00), and the net combined financial worth as
defined in subsection (a) above as of the thirty-first
day of December of the immediately preceding calendar
year shall not exceed seventy-five thousand dollars
($75,000.00).
(d) A change in ownership to a spouse less than sixty-
five (65) years of age or not permanently and totally
disabled, which results solely from the death of his or
her qualified spouse, shall result in a pro rata
exemption for the then current taxable year. Such
prorated portion shall be determined by multiplying the
amount of the exemption by a fraction wherein the number
of complete months of the tax year such property was
properly eligible for such exemption is the numerator and
the number twelve (12) is the denominator.
ATTEST:
City Clerk.
MARY F. PARKER
City Clerk, CMC/AAE
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703) 981-2541
SANDRA H. EAKIN
Deputy City Clerk
May 21, 1993
File #122-192
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Mr. Wilburn C. Dibling, Jr.
City Attorney
Roanoke, Virginia
Gentlemen:
At a regular meeting of the Council of the City of Roanoke held on Monday, May 17,
1993, you were requested to report to Council within two weeks as to powers of the
Roanoke Civic Center Commission in connection with marketing Victory Stadium.
Sincerely, ~__.__
Mary F. Parker, CMC/AAE
City Clerk
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Mr. Kit B. Kiser, Director, Utilities and Operations
Mr. Bobby E. Chapman, Manager, Civic Center Facilities
Mr. George C. Snead, Jr., Director, Public Safety
Mr. Lynnis B. Vernon, Acting Manager, Parks and Recreation/Grounds