HomeMy WebLinkAboutCouncil Actions 01-21-03 CUTLER
36194-012103
ROANOKE CITY COUNCIL
REGULAR SESSION
JANUARY 21, 2003
2:00 P.M.
CITY COUNCIL CHAMBER
.4 GENDA
Call to Order--Roll Call.
The Invocation was delivered by Mayor Ralph K. Smith.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Smith.
Welcome. Mayor Smith.
NOTICE:
Meetings of Roanoke City Council are televised live on RVTV Channel 3.
Today's meeting will be replayed on Channel 3 on Thursday, January 23, 2003,
at 7:00 p.m., and Saturday, January 25, 2003, at 4:00 p.m. Council meetings
are now being offered with closed captioning for the hearing impaired.
ANNOUNCEMENTS:
THE PUBLIC IS ADVISED THAT MEMBERS OF COUNCIL RECEIVE
THE CITY COUNCIL AGENDA AND RELATED
COMMUNICATIONS, REPORTS, ORDINANCES AND
RESOLUTIONS, ETC., ON THE THURSDAY PRIOR TO THE
COUNCIL MEETING TO PROVIDE SUFFICIENT TIME FOR
REVIEW OF INFORMATION. CITIZENS WHO ARE INTERESTED
IN OBTAINING A COPY OF ANY ITEM LISTED ON THE AGENDA
MAY CONTACT THE CITY CLERK'S OFFICE, ROOM 456, NOEL C.
TAYLOR MUNICIPAL BUILDING, 215 CHURCH AVENUE, S. W., OR
CALL 853-2541.
THE CITY CLERK'S OFHCE NOW PROVIDES THE MAJORITY OF
THE CITY COUNCIL AGENDA ON THE INTERNET FOR VIEWING
AND RESEARCH PURPOSES. TO ACCESS AGENDA MATERIAL,
GO TO THE CITY'S HOMEPAGE AT WWW.ROANOKEGOV.COM,
CLICK ON THE ROANOKE CITY COUNCIL ICON, CLICK ON
MEETINGS AND AGENDAS, AND DOWNLOAD THE ADOBE
ACROBAT SOFTWARE TO ACCESS THE AGENDA.
ALL PERSONS WISHING TO ADDRESS COUNCIL ARE
REQUESTED TO REGISTER WITH THE STAFF ASSISTANT WHO
IS LOCATED AT THE ENTRANCE TO THE COUNCIL CHAMBER.
ON THE SAME AGENDA ITEM, ONE TO FOUR SPEAKERS WILL BE
ALLOTTED FIVE MINUTES EACH, HOWEVER, IF THERE ARE
MORE THAN FOUR SPEAKERS, EACH SPEAKER WILL BE
ALLOTTED THREE MINUTES.
ANY PERSON WHO IS INTERESTED IN SERVING ON A CITY
COUNCIL APPOINTED AUTHORITY, BOARD, COMMISSION OR
COMMITTEE IS REQUESTED TO CONTACT THE CITY CLERK'S
OFFICE AT 853-2541, OR ACCESS THE CITY'S HOMEPAGE AT
WWW.ROANOKEGOV. COM, TO OBTAIN AN APPLICATION.
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2. PRESENTATIONS AND ACKNOWLEDGMENTS:
Presentation of a Virginia Association of Chiefs of Police Award, "Saved by
the Belt".
File #5-80
**
CONSENT AGENDA
C-1
C-2
(APPROVED 7-0)
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE
CONSIDERED TO BE ROUTINE BY THE MEMBERS OF CITY
COUNCIL AND WILL BE ENACTED BY ONE MOTION. THERE
WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF
DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM
THE CONSENT AGENDA AND CONSIDERED SEPARATELY.
Minutes of the regular meeting of Council held on Monday, December 2,
2002; and a special meeting of Council held on Friday, December 6, 2002.
RECOMMENDED ACTION: Dispense with the reading thereof and
approve as recorded.
A communication from the Honorable Ralph K. Smith, Mayor,
requesting a Closed Meeting to discuss vacancies on certain authorities,
boards, commissions and committees appointed by Council, pursuant to
Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended.
RECOMMENDED ACTION: Concur in the request.
File #110-132
C-3
A communication from the Director of Real Estate Valuation
transmitting the Annual General Reassessment Program for fiscal year
2003 -04.
RECOMMENDED ACTION: Receive and file.
File #109-162
C-4
Qualification of the following persons:
Joseph F. Miller and William D. Poe as members of the
Board of Zoning Appeals, for terms ending December 31,
2005; and
Kenneth H. King, Jr., as a member of the City of Roanoke
Transportation Safety Commission, for a term ending
October 31, 2006.
RECOMMENDED ACTION: Receive and file.
File #15-20-51-110-316
C-5
A communication from the City Attorney requesting that Council
convene in a Closed Meeting to consult with legal counsel on a specific matter
requiring the provision of legal advice by such counsel, pursuant to Section
2.2-3711 (A)(7), Code of Virginia (1950), as amended.
RECOMMENDED ACTION: Concur in the request.
File #83-132
REGULAR AGENDA
4. PUBLIC HEARINGS: NONE.
5. PETITIONS AND COMMUNICATIONS: NONE.
6. REPORTS OF OFFICERS:
a. CITY MANAGER:
BRIEFINGS: NONE.
4
ITEMS RECOMMENDED FOR ACTION:
A communication recommending approval of a policy to pay
military reservists who are called to active duty and serve
between October 1, 2002 and September 30, 2003.
Adopted Resolution No. 36194-012103. (7-0)
File #184
A communication recommending acceptance of a Fire Programs
Funds Grant for fiscal year 2003.
Adopted Budget Ordinance No. 36195-012103 and Resolution
No. 36196-012103. (7-0)
File #60-70-236
A communication recommending acceptance of a grant of funds
from the Byme Memorial Formula Grant Program, administered
by the Virginia Department of Criminal Justice Services.
Adopted Budget Ordinance No. 36197-012103 and Resolution
No. 36198-012103. (7-0)
File #5-60-236
A communication recommending acceptance of a grant of funds
from the State and Local All-Hazards Emergency Operations
Planning Grant Program offered through the Federal Emergency
Management Agency.
Adopted Budget Ordinance No. 36199-012103 and Resolution
No. 36200-012103. (7-0)
File #60-188-236
A communication with regard to property rights acquisition in
connection with the Roanoke Water Pollution Control Plant Wet
Weather Project.
Adopted Budget Ordinance No. 36201-012103 and Ordinance
No. 36202-012103. (7-0)
File #2-27-60-468
A communication with regard to an Office of Emergency Medical
Services Consolidated Grant.
Adopted Budget Ordinance No. 36203-012103 and Resolution
No. 36204-012103. (7-0)
File #60-236-354
7. A communication with regard to State Asset Sharing.
Adopted Budget Ordinance No. 36205-012103. (7-0)
File #5-60-76-166
8. A communication with regard to Sharing Federally Forfeited
Property.
Adopted Budget Ordinance No. 36206-012103. (7-0)
File #5-60-76-166
o
A communication with regard to a Virginia Recreational Trails
Fund Grant.
Adopted Resolution No. 36207-012103. (7-0)
File #67-236
10. A communication with regard to appropriation of funds for
development of a marketing identity.
Adopted Budget Ordinance No. 36208-012103. (7-0)
File #60-336-450
b. CITY ATTORNEY:
A report transmitting a resolution expressing Council's intent
with regard to its appointments to the Hotel Roanoke Conference
Center Commission.
Adopted Resolution No. 36209-012103. (7-0)
File #15-110-247
c. CITY CLERK:
A report advising of expiration of the three-year terms of office
ofF. B. Webster Day, Marsha W. Ellison and Gloria P. Manns as
Trustees of the Roanoke City School Board on June 30, 2003, and
applications for the upcoming vacancies will be received in the
City Clerk's Office until 5:00 p.m., on Monday, March 10, 2003.
Received and filed.
File #110-467
d. DIRECTOR OF FINANCE:
A report with regard to transfer of General Fund Balance Reserve
for self-insured liabilities.
Adopted Budget Ordinance No. 36210-012103. (7-0)
File #58-60-396
7. REPORTS OF COMMITTEES:
A communication from the Roanoke City School Board requesting
appropriation of funds for various school accounts; and a report of the
Director of Finance recommending that Council concur in the request.
Adopted Budget Ordinance No. 36211-012103. (7-0)
File #60-467
8. UNFINISHED BUSINESS: NONE.
7
9. INTRODUCTION AND CONSIDERATION OF
ORDINANCES AND RESOLUTIONS: NONE.
10. MOTIONS AND MISCELLANEOUS BUSINESS:
Inquiries and/or comments by the Mayor, Vice-Mayor and Members of
City Council.
Council Member Wyatt requested a report on the City's overtime
policy.
File #184
Vacancies on certain authorities, boards, commissions and committees
appointed by Council.
11. HEARING OF CITIZENS UPON PUBLIC MATTERS:
CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS
TO BE HEARD. MATTERS REQUIRING REFERRAL TO THE CITY
MANAGER WILL BE REFERRED IMMEDIATELY FOR RESPONSE,
RECOMMENDATION OR REPORT TO COUNCIL.
Request from the Martin Luther King, Jr. Forever Organization to
address Council with regard to the renaming of Elmwood Park.
(Not present)
Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., inquired as to the
amount of funds to be expended by the City for development of a
marketing strategy (agenda item 6.a.10).
File #60-336-450
Theodore J. Edlich, III, Executive Director, Total Action Against
Poverty, expressed appreciation with regard to Council's previous
action accepting a grant of funds from the Byrne Memorial Formula
Grant Program for Virginia CARES (agenda item 6.a.3).
File #5-60-236
12. CITY MANAGER COMMENTS:
The City Manager introduced Gwen E. Ellis, who assumed the position of
Assistant to the City Manager on Tuesday, January 21, 2003.
File #104-184
The City Manager advised that Municipal Parking Garages are available
for parking free of charge on weekdays after 5:00 p.m., and on weekends,
in order to promote the availability of parking in downtown Roanoke.
File #277-553
THE MEETING WAS DECLARED IN RECESS TO BE
IMMEDIATELY RECONVENED IN CITY COUNCIL'S
CONFERENCE ROOM FOR THE FOLLOWING BRIEFINGS AND
TWO CLOSED MEETINGS:
Director of Finance
File #1-10-109-429
Fiscal Year 2002 Comprehensive Annual
Financial Report and Fiscal Year 2002 Pension
Comprehensive Annual Financial Report.
(30 minutes)
City Manager
File #20-514
Two-way traffic on Campbell Avenue, S. W.
(10 minutes)
City Manager
File #27-169-468
General Permit Registration Statement for storm
water discharges from small municipal separate
stormwater sewer systems. (15 minutes)
CERTIFICATION OF CLOSED MEETING. (5-0, Mayor Smith and
Vice-Mayor Harris left the meeting during the Closed Meeting.)
George F. Taylor was appointed to the Board of Trustees, City of Roanoke
Pension Plan, to fill the unexpired term of William E. Skeen, resigned,
ending June 30, 2005.
File #15-110-429
AT 5:40 P.M., THE COUNCIL MEETING WAS DECLARED IN
RECESS UNTIL 7:00 P.M., IN THE CITY COUNCIL CHAMBER.
9
ROANOKE CITY COUNCIL
REGULAR SESSION
JANUARY21, 2003
7:00 P.M.
CITY COUNCIL CHAMBER
AGENDA
Call to Order -- Roll Call.
The Invocation was delivered by Council Member William D.
Bestpitch.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Smith.
Welcome. Mayor Smith.
NOTICE:
The meeting was televised live by RVTV Channel 3 to be replayed on
Thursday, January 23, 2003, at 7:00 p.m., and Saturday, January 25, 2003, at
4:00 p.m. Council meetings are now being offered with closed captioning for
the hearing impaired.
10
A. PRESENTATIONS AND ACKNOWLEDGMENTS:
Presentation of a Shining Star Award.
A Shining Star Award was presented to the LifeNet Donor Memorial
Foundation, Inc., of Roanoke which donated $5,000.00 for site amenities
and maintenance costs in connection with the Roanoke River Greenway
along Wiley Drive.
File #80
B. PUBLIC HEARINGS:
Joint public hearing of City Council and the City Planning Commission
with regard to an amendment of Sections 36.1-25, 36.1-206, 36.1-207,
36.1-227, and 36.1-228, Chapter 36.1, Zoning, Code of the City of
Roanoke (1979), as amended, providing for general service
establishments and personal service establishments in the C-2 and C-3
districts, and providing for regulations pertaining to the location of
tattoo parlors or body piercing establishments in the City of Roanoke
and deleting the definition of "service establishments". Darlene L.
Burcham, City Manager.
Adopted Ordinance No. 36212-012103. (7-0)
File #24-51
Joint public hearing of City Council and the City Planning Commission
with regard to a proposal of the City of Roanoke, Mr. and Mrs.
Calvin W. Powers and Mr. and Mrs. Theodore J. Sutton to rezone tracts
of land, designated as Official Tax Nos. 3070301-3070310, inclusive,
and 3070313-3070316, inclusive, 2041816 and 2041817, from LM,
Light Manufacturing District, to C-3, Central Business District, and to
rezone Official Tax Nos. 3070501, 3070318 and 3070321, from C-2,
General Commercial District, to C-3, Central Business District, subject
to certain conditions proffered by the petitioners, in connection with the
stadium/amphitheater project. Darlene L. Burcham, City Manager.
Adopted Ordinance No. 36213-012103. (7-0)
File #51-192
11
Public heating with regard to a proposal of the City of Roanoke to award
a contract for the lease and management of the Historic City Market
Building.
The public hearing was continued until the regular meeting of
Council on Tuesday, February 18, 2003, at 7:00 p.m., or as soon
thereafter as the matter may be heard.
File #42-373
o
Public hearing on a request of the Northwest Neighborhood
Environmental Organization and Robert Crowder to rezone nine tracts
of land located on the south side of the 500 block of Loudon Avenue,
N. W., identified as Official Tax Nos. 2013101 - 2013109, inclusive,
from RM-2, Residential Multi-family, Medium Density District, to
RM-3, Residential Multi-family, High Density District, subject to
certain conditions; and three tracts of land located on the north side of
the 500 block of Centre Avenue, N. W., identified as Official Tax Nos.
2013117 - 2013119, inclusive, from LM, Light Manufacturing District,
to RM-3, Residential Multi-family, High Density District, subject to
certain conditions proffered by the petitioners. James Lesniak,
Executive Director; and Robert Crowder, Spokespersons.
The public hearing was continued until the regular meeting of
Council on Monday, February 3, 2003, at 2:00 p.m., or as soon
thereafter as the matter may be heard, in order to address concerns
raised by Quality Produce Co.
File #51-514
Public heating on a request of the Northwest Neighborhood
Environmental Organization that all of the alley from 6th Street, N. W.
to 5th Street N. W., in the block lying between Loudon Avenue and
Centre Avenue, beginning at the east side of 6th Street between lots
bearing Official Tax Nos. 2013101 and 2013115, and extending east to
its intersection with 5th Street, between lots bearing Official Tax Nos.
2013114 and 2013123, extending north, and on the west extending
along the east border of the lot beating Official Tax No. 2013109 and on
the east extending along the west border of lots bearing Official Tax
Nos. 2013114 - 2013110, inclusive, extending north to its intersection
with Loudon Avenue, be permanently vacated, discontinued and closed.
James Lesniak, Executive Director; and Robert Crowder,
Spokespersons.
12
The public hearing was continued until the regular meeting of
Council on Monday, February 3, 2003, at 2:00 p.m., or as soon
thereafter as the matter may be heard, in order to address concerns
raised by Quality Produce Co.
File #51-514
Public hearing on a request of David J. Ostrom, Jr., to rezone a portion
of land located at 1033 Pocahontas Avenue, N. E., described as Lot 27,
Section 1, Fairmont Corp., Official Tax No. 3042118, from RM-1,
Residential Multi-family, Low Density District, to LM, Light
Manufacturing District. George A. McLean, Jr., Attorney.
Adopted Ordinance No. 36214-012103. (7-0)
File #51
Public hearing on a request of Robert and Sandy P. Monsour to rezone
a tract of land consisting of 0.36-acre, located at the intersection of
Plantation Road and Liberty Road, N. E., identified as Official Tax No.
3130805, from RM- 1, Residential Multi-family, Low Density District,
to CN, Neighborhood Commercial District, subject to certain conditions
proffered by the petitioners. Maryellen F. Goodlatte, Attorney.
Adopted Ordinance No. 36215-012103. (7-0)
File #51
Public hearing on a request of Kristi Parr that an alley intersecting with
Mississippi Avenue, N. E., and between Official Tax Nos. 3130429 and
3130428, be permanently vacated, discontinued and closed. Kristi Parr,
Spokesperson.
Adopted Ordinance No. 36216-012103. (7-0)
File #514
Public hearing on a request of St. Paul United Methodist Church, Board
of Trustees, that a portion of Moorman Road, N. W., be barricaded at its
intersection with Fifth Street, N. W. Lillie T. Patterson, Spokesperson.
Adopted Ordinance No. 36217-012103. (7-0)
File #514
13
10.
Public hearing with regard to amendment to Vision 2001-202Q, the
City's Comprehensive Plan, to include the Old Southwest and Belmont
Neighborhood Plans. R. Brian Townsend, Agent, City Planning
Commission.
Adopted Ordinance Nos. 36218-012103 and 36219-012103. (7-0)
File//165-200
11.
Public hearing with regard to a proposal to change the structure of City
water rates and related charges for services which will result in increases
in certain rates and related charges. Darlene L. Burcham, City Manager.
Adopted Budget Ordinance No. 36220-012103 and Ordinance No.
36221-012103. (7-0)
File//60-468
12.
Public hearing with regard to a proposal of the City of Roanoke to
convey surplus property located at the intersection of Gainsboro Road
and Gilmer Avenue, N. W., identified as Official Tax No. 2011718, to
the nearby property owner; and to convey surplus property located at the
intersection of Gainsbom Road and Harrison Avenue, N. W., described
as Official Tax Nos. 2021788 and 2021789, to adjacent property owners
residing at 101 Harrison Avenue, N. W. Darlene L. Burcham, City
Manager.
The ordinance was tabled for the purpose of addressing a question
raised by Council Member Bestpitch with regard to placing
restrictions on the deed to property located at the intersection of
Gainsboro Road and Gilmer Avenue, with regard to the type of
grading to be permitted on the site.
File #2-166
13.
Public hearing with regard to a proposal of the City of Roanoke to
vacate sewer/drainage easements on Wildwood Road, S. W. Darlene L.
Burcham, City Manager.
Adopted Ordinance No. 36222-012103. (7-0)
File #27-28
14
14.
Public hearing with regard to a proposal of the City of Roanoke to
authorize extension of a lease, entered into by the City of Roanoke and
the Roanoke City School Board, of a portion of City-owned property,
known as the Jefferson High School Gymnasium, located at 540 Church
Avenue, S. W., identified as Official Tax No. 1113414, to the Young
Men's Christian Association of Roanoke, Virginia, for a period of six
months. Darlene L. Burcham, City Manager.
Adopted Ordinance No. 36223 on first reading. (7-0)
File #166-373-467
15.
Public hearing with regard to a proposal to extend the lease of the
Commonwealth Building to the United States General Services
Administration. Darlene L. Burcham, City Manager.
Adopted Ordinance No. 36224-012103. (7-0)
File #373-524
C. HEARING OF CITIZENS UPON PUBLIC MATTERS:
CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS
TO BE HEARD. MATTERS REQUIRING REFERRAL TO THE CITY
MANAGER WILL BE REFERRED IMMEDIATELY FOR RESPONSE,
RECOMMENDATION OR REPORT TO COUNCIL.
Anita Price, President, Roanoke Education Association, extended an
invitation to the Members of Council to participate in a rally to be held on
Monday, January 27, 2003, at 11:00 a.m. in Richmond, Virginia, at which
time teachers will lobby the General Assembly to show a united front in
support of public education. She expressed appreciation for a resolution
adopted by Council acknowledging the educational funding crisis. She
expressed concern that teachers are anticipating an increase in their
insurance premiums by as much as 50 per cent or more.
File #58-60-137-467
Mr. Robert Gravely, 3360 Hershberger Road, N. W., addressed the
increase in water rates and the lack of progress by the City of Roanoke.
File #66-468
15
In reference to scheduling future public hearings, Council Member Wyatt
requested that those public hearings that are anticipated to be
controversial in nature be scheduled following non-controversial public
hearings.
File #132
16
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
Janua~ 21,2003
Honorable Ralph K. Smith, Mayor, and Members of City Council
Roanoke, Virginia
Dear Mayor Smith and Members of Council:
Subject:
VACP Award
This is to request space on Council's regular agenda for a 10-minute
presentation on the above referenced subject.
Respectfully submitted,
Darlene L. BurcWam
City Manager
DLB:sm
c: City Attorney
Director of Finance
City Clerk
C-1
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
December 2, 2002
12:15 p.m.
The Council of the City of Roanoke met in regular session on Monday,
December 2, 2002, at 12:15 p.m., the regular meeting hour, in the City Council
Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W.,
City of Roanoke, Virginia, with Mayor Ralph K. Smith presiding, pursuant to Chapter
2, Administration, Article II, City Council, Section 2-15, Rules of Procedure, Rule 1,
Re ular Meetin s, Code of the City of Roanoke (1979), as amended.
PRESENT: Council Members William D. Bestpitch, William H. Carder,
M. Rupert Cutler and Mayor Ralph K. Smith ......................................................... -4.
ABSENT: Council Members Alfred T. Dowe, Jr., C. Nelson Harris and Linda F.
Wyatt ............................................................................................................ 3.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker, City
Clerk.
COMMITTEES-CITY COUNCIL: A communication from Mayor Ralph K. Smith
requesting that Council convene in a Closed Meeting to discuss vacancies on
certain authorities, boards, commissions and committees appointed by Council,
pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended, was the
before the body.
Mr. Bestpitch moved that Council concur in the request of the Mayor to
convene in a Closed Meeting to discuss vacancies on certain authorities, boards,
commissions and committees appointed by Council, pursuant to Section 2.2-3711
(A)(I), Code of Virginia (1950), as amended. The motion was seconded by Mr. Carder
and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler and Mayor Smith ............ -4.
NAYS: None .......................................................................................... 0.
(Council Members Dowe, Harris and Wyatt were absent.)
ACTS OF ACKNOWLEDGMENT-CITY COUNCIL: A communication from
Council Member William H. Carder requesting that Council convene in a Closed
Meeting to discuss a special award, being the Shining Star Award, pursuant to
Section 2.2.3711 (A)(I 0), Code of Virginia (1950), as amended, was before the body.
Mr. Bestpitch moved that Council concur in the request of Council Member
Carder to convene in a Closed Meeting to discuss a special award, being the Shining
Star Award, pursuant to Section 2.2-3711 (A)(10), Code of Virginia (1950), as
amended. The motion was seconded by Mr. Cutler and adopted by the following
vote:
AYES: Council Members Bestpitch, Carder, Cutler and Mayor Smith ........... -4.
NAYS: None .......................................................................................... 0.
(Council Members Dowe, Harris and Wyatt were absent.)
At 12:17 p.m., the Mayor declared the meeting in recess to be immediately
reconvened in the Emergency Operations Center Conference Room, Room 159, for
a meeting of City Council, the Roanoke City School Board and Senator John S.
Edwards, Delegate A. Victor Thomas and Delegate Clifton A. Woodrum, II1.
The Council meeting reconvened at 12:20 p.m., in the Emergency Operations
Center Conference Room, Room 159, Noel C. Taylor Municipal Building, 215 Church
Avenue, S. W., City of Roanoke, for a joint session of City Council and the Roanoke
City School Board with area representatives to the Virginia General Assembly.
CITY COUNCIL MEMBERS PRESENT: William H. Carder, C. Nelson Harris,
Linda F. Wyatt, William D. Bestpitch, M. Rupert Cutler, Alfred T. Dowe, Jr., and Mayor
Ralph K. Smith .............................................................................................. 7.
ABSENT:None ..................................................................................... ~.
SCHOOL TRUSTEES PRESENT: F. B. Webster Day, Marsha W. Ellison,
William H. Lindsey, Melinda J. Payne, Ruth C. Willson, and Gloria P. Manns,
Chair ............................................................................................................ 6.
ABSENT: Robert J. Sparrow ..................................................................... 1.
LEGISLATORS PRESENT: Senator John S. Edwards, Delegate A. Victor
Thomas, Delegate Clifton A. Woodrum, III; Allison Baird, Legislative Aide to Senator
Edwards; Brian Shephard, Legislative Aide to Delegate Thomas; and Christine
Meredith, Legislative Aide to Delegate Woodrum.
STAFF PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth,
City Attorney; Jesse A. Hall, Director of Finance, Mary F. Parker, City Clerk;
Willard N. Claytor, Director of Real Estate Valuation; Troy A. Harmon, Municipal
Auditor; Rolanda A. Johnson, Assistant City Manager for Community Development;
George C. Snead, Jr., Assistant City Manager for Operations; George McMillan,
Sheriff; Christopher Sione, Communications; Barry L. Key, Director of Management
and Budget; Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools;
Richard L. Kelley, Assistant Superintendent, Roanoke City Public Schools; Cindy
Lee, Clerk, Roanoke City School Board; Scott Meadows, Coordinator of Marketing
and Community Engagement, Roanoke City Public Schools.
Also present was Thomas A. Dick, City of Roanoke Legislative Liaison.
LEGISLATION-SCHOOLS-COUNCIL: On behalf of the School Board,
Chairperson Manns expressed appreciation for the opportunity to meet with Council
and the City's representatives to the General Assembly to discuss school-related
issues which continue to be a challenge.
Mr. Dick presented a brief overview of the City's 2003 Legislative Program, as
follows:
1. Roanoke Civic Center, Amphitheatre and Stadium
Improvements Fundinq The City's civic events
infrastructure -the civic center, amphitheatre and stadium
- require substantial investment to meet the needs of the
community. The City has funded $21.2 million in
improvements to the Civic Center and the construction of
a new stadium/amphitheatre. The next phase of
improvements to the Civic Center will involve construction
of new exhibit space and additional improvements to cost
$14.9 million. Additional flexibility in the local funding
mechanisms allowed by the State to cover debt service for
those projects is needed. The legislature should grant
authority to allow any locality the discretion to levy its
admissions tax at designated public facilities at a higher
3
rate than is applicable elsewhere in the locality. Such a
provision would allow the locality to impose a lower
admissions tax rate at privately owned facilities.
2. Two-Tiered Real Estate Tax Authority - To improve
opportunities for development and redevelopment, the
City requests authority to impose a two-tiered real estate
tax. Such authority, which the General Assembly has
already granted the City of Fairfax, would be permissive
and allow the City to tax the improvements to real property
at a separate rate (but not exceeding) the rate on the real
property itself. Authority to impose a tax rate on the
improvements to the property at a lower rate than that on
the real property would create much needed additional
incentives for investment in the City.
3. Liens Aqainst Real Estate for Unpaid Water Bills -
Roanoke requests legislation to allow the City to place a
lien against real estate in order to collect unpaid water
bills. The City already has this authority with regard to
sewer bills. Section 21-118.4 of the Code of Virginia
grants this power to localities that have created sanitary
districts, §15.2-5139 provides this power to public service
authorities and §15.2-2118 grants this authority to 16
additional localities. The City requests that it be added to
the localities with this authority under §15.2-2118.
4. Civil Penalties for Inoperable Motor Vehicles and
Trash and Weed Violations- To address the problem of
blight in the City and other localities in the State,
legislation is needed to allow localities the flexibility to
impose civil penalties for violations of inoperable motor
vehicles and local trash and weed removal ordinances.
5. Absentee Landlord Representation - Section 55-
218.1 of the Code of Virginia requires property owners
who own four or more units in the Commonwealth of
Virginia, but do not reside in the Commonwealth
themselves, to maintain an agent who is a resident of the
State. It is difficult to serve summons and other notices
4
on property owners who do not live in the same locality,
delaying action to address blight. The General Assembly
is requested to amend this Code section to require that
the property owner's leasing agent or representative
operate in the same locality as the property or in an
adjacent locality.
6. Study of Delinquent Tax Sale Process- The process
to sell or transfer property with delinquent real estate
taxes is difficult and time consuming. The General
Assembly is requested to study ways to streamline this
process that would include, among other things, looking
at the process utilized in other states.
Other Legislative Priorities
Mr. Dick reviewed the following items that are a carry over from the 2002
General Assembly Session that the City would like to address in the up coming
session:
1. Opposition to Restrictions on Local Zoninq
Authority - The City opposes any legislation such as HB
1212, introduced during the 2002 General Assembly, that
would limit the authority of the City to restrict certain
types of housing in certain areas of the City.
2. Opposition to Biosolids Restrictions - The City
opposes legislation such as SB 618, also introduced in the
2002 General Assembly, that would allow localities to
restrict or prohibit the application of biosolids in the
locality.
3. Support for Virqinia First Cities Coalition - As a
member of Virginia First Cities, a group of 15 of the State's
older cities, Roanoke supports the broad legislative
objectives of this coalition, including: restructuring the
State's tax system to raise State tax revenues to generate
the additional funding required annually for education,
transportation and human services; the adoption of an
urban policy and smart growth strategies and holding
older, core cities harmless from any budget balancing
actions because of the fiscal stress they are facing.
Mr. Dick expressed appreciation to area legislators and their legislative aides
and advised that the City continues to count on the strong legislative leadership of
its delegation; the City of Roanoke is appreciative of past efforts on its behalf and
looks forward to working with area legislators during the 2003 session of the Virginia
General Assembly.
School Trustee F. B. Webster Day presented the School Board's 2003
Legislative Program, which is summarized as follows:
School Board Legislative Priorities:
Major legislative priorities, listed in priority sequence, by the Roanoke City
School Board for the State are:
To improve its share of funding public education based on
the results of the JLARC study
To communicate to legislators that any reduction in State
funding must be made through an across-the-board
budget reduction rather than reductions in specific
programs
To enhance the State's support of school capital outlay
projects through a permanent funding source for school
construction and debt service requirements that will fund
55 per cent of school construction needs over the next
five years. (This legislative issue has been adopted bythe
seven school boards and governing bodies who are
members of the Roanoke Valley School Boards
Consortium as a funding priority for FY2003-04)
To maintain local governance over K-12 educational and
administrative issues
To continue to support standards and consequences for
school accreditation that are non-punitive in nature
To address student safety and discipline issues
through additional funding and program support, and
To provide incentives for the recruitment and retention of
teachers and principals
Mr. Day further advised that legislative outcomes include State lottery funds,
State incentive funds, SOL remediation and in-service, teacher salary improvement
and maintenance of local control; Roanoke City outcomes include increased
teacher salaries, enhanced principal recruitment, small class size, increased
teaching POSitions, additional preschool classes, and renovation and improvements
to middle and elementary schools.
He reviewed a chart illustrating State revenue increases from fiscal year 1998-
99 to fiscal year 2002-03. He also reviewed legislative priorities which include:
improve State funding, avoid program reductions, fund school construction needs,
maintain local governance, support non-punitive consequences, address student
safety and discipline, and provide recruitment incentives. Funding priorities
include: teacher salaries, school staffing ratios, preschool programs, truancy
programs, alternative education, school resource officers, school security
equipment, recruitment incentives -scholarships, internships, financial incentives.
He explained Standards of Quality shortfalls, i.e.: Roanoke's actual average
teacher salary is $5,100.00 more than State SOQ average; class size ratios: State
standard 25 to I vs. Roanoke City's at 18 to 1; support costs based on prevailing
statewide costs not actual local costs (e.g. School Nurses 12.5 FTE in Roanoke City
but State only pays for 3.5 FTE.)
Mr. Day advised that legislative outcomes are: SOQ recognizes actual cost
to locality for average teacher salary using national average as the basis; SOQ
support costs based on more realistic costs for urban school districts, State share
improved for preschool, alternative education, truancy, school safety personnel and
equipment; State developed and funded recruitment incentives; State support of
technology operating and .replacement cost; and State established trust fund for 55
per cent of school construction needs. Insofar as legislative outcomes/budget
reductions, any State budget reductions for K-12 must be across the board rather
than by program.
The City Manager advised that some City departments, or agencies, have
already experienced reductions in their current year's operating budgets as a result
of the Governor's first round of budget cuts, and on December 20, the Governor will
present his proposed budget, which will contain additional cuts, possibly in
education, public safety and certain other areas. She stated that she, along with
Council Member Carder, represent the City of Roanoke on the Virginia First Cities
7
Coalition which has held numerous discussions about how to address budget
shortfalls, and the Coalition has not only made a recommendation that budget cuts
occur where they have actually been identified at the State level, but the Coalition
will support tax increases in certain areas in order to provide additional funding for
education and transportation, which are two very crucial areas. She stated that the
City of Roanoke will be represented in Richmond on December 20 when the
Governor announces his proposed budget, and members of the City's delegation to
the General Assembly, First Cities Coalition representatives and school
representatives will be invited to a meeting following the Governor's General
Assembly pronouncement, in order to begin discussions, with regard to what the
proposed reductions mean for Roanoke as a locality. She advised that the condition
of the Commonwealth of Virginia needs to be addressed, Virginia is not the only
state that is going through these times of budget adjustments, the economy is
something that in many respects is beyond our control, but until the impact of
budget reductions are made obvious to the citizens, no long term solution will be
found. She stated that it is going to be a painful year, but ~sked that City Council,
the School Board and their respective staffs, along with the City's delegation to the
General Assembly, assume a united front in the wake of difficult positions that will
have to be made.
Mr. Carder expressed concern that budget cuts in education will hurt those
children who can least afford it--the at risk K-12 students--which represents 47
percent of the school population in our cities.
Dr. Harris advised that starting in November, in preparation for what clearly
is the most difficult budget study and budget season in the last 12 years, the School
Board began to review operations so that when it is time to make those difficult
budget decisions, there will be a better foundation on which to build. He stated that
it is important to remember the good times and use these difficult times as an
opportunity to do a better job, although it will be difficult to do a better job if
significant revenue is lost. He concurred in Councilman Carder's remarks, and
advised that through recognition of the disparity in the City of Roanoke, certain
incentive programs have allowed the City to gain about $4.5 million. He urged that
the General Assembly preserve the opportunity for the locality to make the
necessary cuts, because the City would not begin by cutting funds in those areas
that would affect those students who are most in need. He stated that quality
education is one of the greatest economic development tools of a locality, the City
of Roanoke, along with its legislative representatives, are committed to a quality
education system, and the School Board and its Administration will do the very best
they can with what they have to work with.
The Mayor opened the floor for remarks by legislators.
Senator Edwards called attention to the severity of the funding crisis, which
among other things, can be attributed to the capital gains tax increase that was
applied as if it would continue indefinitely, and instead of investing the funds, the
car tax cut was enacted. He stated that once the car tax was phased in, there was
no formula in the State Code for a tax roll back, therefore, the State is in a situation
where the car tax rebate is continuing to drill a hole in the budget. He stated that he
has been advised that the shortfall in this biennial budget will be approximately
$1.8 - $2 million, the car tax reimbursement will be about $1.8 and continues to
increase. He advised that last year, the Governor and the General Assembly worked
to preserve public education; however, in addition to safety measures, higher
education, was dramatically cut, some State employees lost their jobs, the extension
program was drastically cut, the price of college tuition has gone up 20-25 per cent,
and the Virginia Department of Transportation Six Year Plan was revised and is
currently unfunded. He stated that on December 20, the Governor will announce his
proposed budget by cutting approximately $1 - $1.4 billion, however, the question
is, where will the cuts occur when keeping in mind that only about 26 per cent of the
state's budget is cuttable. He noted that it has been stated by some persons that
there is no way to balance the budget without some type of recommended
enhancement programs so as not to cut grades K-12, or public safety, or mental
health, or Medicaid and other important programs. He added that the
Commonwealth of Virginia is at a crisis situation, and unless it begins to get a
handle on the situation, there will be a dismantling of government and disinvestment
in the future. He expressed concern with regard to services provided by government
and referred to newspaper articles about Commonwealth's Attorneys being forced
to'lay off assistants, therefore, misdemeanors are not being prosecuted in court and
the most basic and core services of the Commonwealth--public safety and public
education are being threatened? He expressed concern that constituents are not
looking at the situation as responsible citizens who should be concerned about
today as well as the future; and the list of budget cuts go on and on, therefore, it is
imperative to get the message out so that citizens will understand the state's crisis
situation.
Delegate Thomas referred to improvements in the City's School system over
the past several years under the leadership of Superintendent Harris. He expressed
concern with regard to the state of the Commonwealth which is at its worse during
his 29 years of service on the General Assembly; and advised that citizens of the
Commonwealth must be made to understand the seriousness of the budget crisis.
He stated that something needs to be done to ensure that funding for education,
grades K-12, is not cut. He stressed the importance of looking at steps that need to
be taken, even if the court system has to be used to make it happen, because the
worst is yet to come, and the seriousness of the funding crisis must spread across
the Commonwealth of Virginia in an effort to encourage citizens to speak out. He
expressed appreciation to Council for its leadership and pledged to work with the
City of Roanoke to address funding issues.
Delegate Woodrum concurred in the remarks of Delegate Thomas regarding
Roanoke's school system and commended the work of its Superintendent. He
stated that Members of Council serve on the front lines of democracy and should
also be commended for the services they provide at the local level. He stated that
in January, the General Assembly is going to have to make a decision, because
there is a level of government services that is not supported by the level of
government revenue, and a decision must be made to either downsize government
to a point where it meets available revenue, or increase revenue to maintain a
reasonable level of government services, and he, personally believes that there is
a need to increase revenue through additional taxes. He sta~ed that last year, he co-
sponsored a budget amendment to role back the car tax to 47.5 per cent, which
would have provided for the biennial approximately $680 million for education,
however, unfortunately, the amendment received only 22 votes out of 100 in support
on the floor of the General Assembly. He stated that when localities advocate for
something, representatives need to look their Delegates straight in the eye and
inquire as to what the State plans to do to raise revenues to fund programs. He
advised that an increase in taxes is only one way to increase revenue and the
Commonwealth of Virginia will have to come to that realization. He referred to the
hardship on citizens of the Commonwealth as a result of the closing of some of the
DMV offices, the Roanoke office operates four days a week and because the Bedford
and Rocky Mount offices were closed, citizens from those localities are forced to
conduct their DMV business at the Roanoke office, which has generated
approximately 60,000 more customers. He stated that he used the DMV office
closings to call attention to the fact that citizens of the Commonwealth are looking
at a different level of government service unless something is done.
Council Member Bestpitch expressed appreciation to Senator Edwards and
Delegates Thomas and Woodrum for their honesty and candidness. He emphasized
that the City Manager has required all City departments to develop strategic
business plans to ensure that the City's workforce is operating with the most
efficiency and the highest level of productivity. He stated that in the 200f-2002 fiscal
year budget, Council cut positions and/or left other positions unfunded in the hope
that at some point in the future the budget situation will improve and the City will be
able to recruit and again fill those positions. He advised thaI the City has maintained
its tax base on the revenue side locally, while trying to be as prudent and
'
responsible as possible on the expenditure side in making decisions. He stated that
everyone should continue to work together and come up with an alternative
proposal so that Virginia will not go from being one of the lowest tax states in the
country to one of the highest tax states, but enact minor adjustments where they
might be needed. He stated that there must be something that could be done that
would not prove to be onerous for anyone and would solve the problem.
The Mayor advised that in the November election, approximately one million
people in a northern Virginia referendum said they did not want an increase in taxes.
He stated that if there are tax increases at the General Assembly level, they will be
relatively small which means that revenue will not be at a level to satisfy the needs.
He spoke in support of looking at ways to be more efficient, or ways to better utilize
available funds.
Council Member Cutler inquired as to what extent the Virginia First Cities
Coalition has developed a larger coalition of other organizations.
Council Member Carder advised that Virginia First Cities has been careful to
not represent itself as the champion of all causes and has adopted a specific
initiative, thus, First Cities can be more effective by selecting those issues to partner
with that are specific to the needs of localities.
The City Manager inquired as to the best way to communicate with
constituents; whereupon, Delegate Woodrum advocated coalition building with
groups affected by budget cuts in such categories as education, mental health,
medical facilities, etc. He suggested that coalitions be built in any parallels between
the problems occasioned by urban centers and extreme rural areas, problems of
poverty, the school dropout rate, and others.
With reference to earlier remarks of the Mayor as to the referendum that failed
in northern Virginia, Council Member Wyatt advised that exit polls indicate that the
reason the referendum failed was not because citizens were against paying more
taxes, but instead they did not trust the General Assembly to do what it is supposed
to do with funds from increased taxes. She asked that the record reflect both sides
of the perspective.
At 1:55 p.m., the Mayor declared the meeting in recess until 2:00 p.m., in the
City Council Chamber.
]!
At 2:00 p.m., on Monday, December 2, 2002, the regular meeting of City
Council reconvened in the Roanoke City Council Chamber, fourth floor, Noel C.
Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with the
following Council Members in attendance, Mayor Smith presiding.
PRESENT: Council Members William D. Bestpitch, William H. Carder,
M. Rupert Cutler, Alfred T. Dowe, Jr., C. Nelson Harris, Linda F. Wyatt and Mayor
Ralph K. Smith .............................................................................................. 7.
ABSENT: None ...................................................................................... 0.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker, City
Clerk.
The meeting was opened with a prayer by The Re~verend David J. Fuller,
Missions Pastor, Church of the Holy Spirit.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Smith.
PRESENTATIONS AND ACKNOWLEDGMENTS:
ACTS OF ACKNOWLEDGMENT-CITIZEN OF THE YEAR: Mr. Cutler offered the
following resolution recognizing George A. Kegley as the City of Roanoke's 2002
Citizen of the Year:
(#36143-120202) A RESOLUTION naming George A. Kegley as Roanoke's
Citizen of the Year for the year 2002.
(For full text of Resolution, see Resolution Book No. 66, page 535.)
Mr. Cutler moved the adoption of Resolution No. 36143-120202. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayor Smith ............................................................ , ................................ 7.
NAYS: None ........................................................ ~ ................................ 0.
On behalf of the citizens of the City of Roanoke and the Members of City
Council, the Mayor presented Mr. Kegley with a ceremonial copy of the above
referenced measure.
ACTS OFACKNOWLEDGMENT-DECEASED PERSONS: Mr. Carder offered the
following resolution memorializing Ms. Adelaide Fisher, a long time resident of the
Roanoke Valley and former Public Information Officer for the City of Roanoke.
(#36144-120202) A RESOLUTION memorializing the late Adelaide (Laddie)
Fisher, a Iongtime Roanoke Valley resident.
(For full text of Resolution, see Resolution Book No. 66, page 537.)
Mr. Carder moved the adoption of Resolution No. 36144-120202. The motion
was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayor Smith ............................................................................................ 7.
NAYS: None ......................................................................................... 0.
SISTER CITIES: Beth Neu, Director, Economic Development, advised that
Mayor Ralph K. Smith led a delegation of citizens from Roanoke to Roanoke's Sister
City of Wonju Korea, on October 22 - November 2, 2002. She stated that Roanoke
and Wonju have enjoyed a Sister City relationship for 38 years, many exchanges
have taken place over those years, and as a part of his visit, Mayor Smith focused
on economic development, made business contacts and a medical exchange was
included as a part of the mission. She advised that approximately 40 business
persons from Wonju attended a Chamber of Commerce meeting, at which time she
and Mayor Smith gave a power point presentation, including an overview of the
Roanoke economy, major businesses located in the Roanoke Valley, the Roanoke
Center for Industry and Technology, and the South Jefferson Redevelopment area
and Biomedical Park, etc. She further advised that a meeting was held with the
President of Sangli University, which shares a sister college relationship with
Virginia Western Community College; the delegation visited the Hyundai
Headquarters in Seoul, Korea, and met with a representative of the Virginia
Economic Development Partnership in Seoul; a presentation was made to the
Korean Trade Authority, headquartered in Seoul; and follow up visits with certain
firms have begun.
]3
Dr. Robert Roth, President, David K. Lisk, Executive Director, Roanoke Sister
Cities, Inc., and Jack Tompkins, Vice-President, Roanoke/Wonju Sister City
Committee, also spoke in connection with the Roanoke/Wonju Sister City
relationship. Itwas noted that an exchange program has been established between
Lewis Gale Hospital in Salem and Wonju Christian Hospital, in 2003, doctors from
Wonju will visit Lewis Gale Hospital to participate in an exchange program and in
2004, doctors from Lewis Gale are scheduled to visit Wonju Christian Hospital.
CONSENT AGENDA
The Mayor advised that all matters listed under the Consent Agenda were
considered to be routine by the Members of Council and would be enacted by one
motion in the form, or forms, listed on the Consent Agenda, and if discussion was
desired, that item would be removed from the Consent Agenda and considered
separately.
DONATIONS/CONTRIBUTIONS-WESTERN VIRGINIA FOUNDATION FOR THE
ARTS AND SCIENCES: A communication from the City Manager requesting that
Council schedule a public hearing for Monday, December 16, 2002, at 7:00 p.m., or
as soon thereafter as the matter may be heard, with regard to donation of property
described as Official Tax No. 4010217, to the Western Virginia Foundation for the
Arts and Sciences, in connection with the Art Museum-IMAX Theatre, was before the
body.
Mr. Cutler moved that Council concur in the request of the City Manager. The
motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayor Smith ............................................................................................ 7.
NAYS: None ......................................................................................... 0.
OATHS OF OFFICE-COMMITTEES-BUILDINGS/BUILDING DEPARTMENT-
INDUSTRIES-YOUTH-TRANSPORTATION SAFETY-HUMAN DEVELOPMENT
COMMITTEE: The following reports of qualification were before Council:
Judy O. Jackson as a member of the Human Services
Committee, for a term ending June 30, 2003;
John W. Brown, Jr., and Rick Clark as members of the City
of Roanoke Transportation Safety Commission, for terms
ending October 31, 2006;
]4
Dennis R. Cronk as a Director of the Industrial
Development Authority, for a term ending October 20,
2O06;
Ashley Johnson as a member of the Youth Services
Citizen Board to fill the unexpired term of Duriel M. Wood,
ending May 31, 2003; and
Barry W. Baird as a member of the New Construction
Code, Board of Appeals, for a term ending September 30,
2007.
Mr. Cutler moved that the reports of qualification be received and filed. The
motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayor Smith ............................................................................................ 7.
NAYS: None ......................................................................................... 0.
REGULAR AGENDA
PUBLIC HEARINGS:NONE.
PETITIONS AND COMMUNICATIONS:
HUMAN DEVELOPMENT-WORKFORCE INVESTMENT ACT: G I e n n D.
Radcliffe, Director, Human Services, introduced a briefing with regard to the
Workforce Investment Act Services program. He advised that in 1998, Congress
enacted legislation establishing the Workforce Investment Act which replaced the
Joint Training Partnership Act and initiated new mandates and requirements, one
of which relates to administration and appointment of a Board of Directors
composed of representatives from jurisdictions in the Fifth Planning District. He
introduced Bruce M. Wood, Executive Director, Workforce Investment Act Services.
Mr. Wood advised that the Western Virginia Workforce Development Board is
governed by a volunteer board of directors responsible for developing policy and
overseeing local workforce development initiatives in partnership with local elected
officials; members are appointed by the chief local elected officials from eight
jurisdictions, which membership includes representatives from business, education,
community-based organizations, economic development, public employment
services, public assistance agencies, vocational rehabilitation and labor
organizations; and membership is drawn from individuals who have policy-making
authority.
He advised that the Workforce Development Board serves as a point of
contact for business, industry and the public sector to communicate their workforce
needs, promote strategies to encourage lifelong learning and improve workplace
skills; the Board assists in the development of new training programs to benefit the
area's workforce, and conduct planning, oversight and evaluation of local workforce
development programs including Workforce Centers; and coordinates efforts and
activities with economic development to promote the area's availability of qualified
workers and to promote cooperation among business and the public sector.
Mr. Wood explained that Workforce Centers are Iocate/d in the City of Roanoke,
Franklin County, and the City of Covington and serve the Counties of Alleghany,
Botetourt, Craig, Franklin and Roanoke and the Cities of Covington, Roanoke and
Salem. He stated that Workforce Centers offer individuals a full assortment of
career planning services including job listings, vocational training, job referral, job
seeking workshops, resume writing, job appointments, unemployment insurance,
copier and fax service, job search assistance, job seeker skills workshops, on-the-
job training, work experience, GED classes and testing, educational opportunities,
youth vocational training, supportive services and local educational facilities and
program referral. He stated that Workforce Centers offer businesses a wide range
of value-added services, including applicant screening, applicant referrals, on-the-
job training, work keys assessment, skill proficiency testing, pre-employment
assessment, pre-employment training, labor market information, area wage surveys,
small business assistance, entrepreneurial training, job postings, computerized
skills-based matching, tax credits for hiring eligible employees, prevailing wage
information, economic trends and other business resources.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:NONE.
ITEMS RECOMMENDED FOR ACTION:
POLICE DEPARTMENT-BUDGET-DONATIONS/CONTRIBUTIONS: The City
Manager submitted a communication advising that as the horrific events of
September 11, 2001, were taking place all law enforcement agencies were forced to
evaluate their response to acts of terrorism; the Roanoke Police Department has
taken a pro-active approach to reduce the risk, and subsequently prepare the
community for such threats; the mission of the Police Department's Homeland
Defense Initiative is to assist organizations in the private, public, and government
sector with awareness and understanding of combating terrorism through teamwork
and partnerships; the Police Department has developed and offers to Roanoke
Valley police officers a 40 hour block of instruction which focuses specifically on
domestic preparedness through deterrence and combating terrorism; and additional
specialized training has been identified in an effort to provide officers with adequate
training to enhance their ability to prepare jurisdictions.
It was further advised that The Allstate Foundation has offered to donate
$15,000.00 to the Police Department to offset expenses incurred from providing this
specialized training; and City Code Section 2-263 requires action by Council to
approve acceptance of gifts exceeding $5,000.00 in value.
The City Manager recommended that Council authorize acceptance of
$15,000.00 for Homeland Defense training from The Allstate Foundation, with
appreciation; and that Council further authorize appropriation of funding in Account
No. 001-640-3114-2064, with a revenue estimate in the same amount to be
established in the General Fund.
Mr. Carder offered the following budget ordinance:
(#36145-120202) AN ORDINANCE to amend and reordain certain sections of
the 2002-2003 General Fund Appropriations, and dispensing with the second reading
by title of the ordinance.
(For full text of Ordinance, see Ordinance Book No. 66, page 539.)
Mr. Carder moved the adoption of Ordinance No. 36145-120202. The motion
was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayor Smith ........................................................................................... -7.
NAYS: None ......................................................................................... 0.
Mr. Bestpitch offered the following resolution:
]7
(#36146-120202) A RESOLUTION authorizing the City Manager to accept the
donation of $15,000 from The Allstate Foundation for use by the City of Roanoke
Police Department for specialized Homeland Defense training, and expressing
appreciation for such donation.
(For full text of Resolution, see Resolution Book No. 66, page 540.)
Mr. Bestpitch moved the adoption of Resolution No. 36146-120202. The
motion was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayor Smith ............................................................................................ 7.
NAYS: None ......................................................................................... 0.
Council Member Cutler suggested that Police OfficertEric A. Horne be invited
to a future City Council meeting to present a briefing on Homeland Defense training.
CITY CODE-SEWERS AND STORM DRAINS-WATER RESOURCES-
ENVIRONMENTAL POLICY: The City Manager submitted a communication advising
that upon annual review of the Sewer Use Standards, staff identified one item which
requires modification and a second item which requires clarification;
recommendations include addition of language to allow for regulated industries to
use time composite sampling and the second modification clarifies that regulated
industries will submit surcharge information, upon written request of the Control
Authority (Water Pollution Control Plant); the recommended changes will help
reduce compliance burdens for regulated industries; and the Department of
Environmental Quality has reviewed the recommended changes and classified the
changes as minor and issued their approval.
The City Manager recommended that Council adopt revisions to the Sewer
Use Standards, Code of the City of Roanoke (1979), as amended, Article III, Chapter
26, Subsections 26-55 (a) and (e), as more fully described in a proposed ordinance.
Mr. Dowe offered the following ordinance:
(#36147-120202) AN ORDINANCE amending and reordaining subsection (a)
and (e) of §26-55, Measurement; sampling, etc., and report bf discharges, of Chapter
26, Sewers and Sewage Disposal, Article III, Sewer Use Standards, Code of the City
of Roanoke (1979), as amended, in order to clarify existing Dlrovisions of this Chapter
and make them consistent with other aspects of the program; which proposed
amendments have been approved by the Virginia Department of Environmental
Quality (DEQ); and dispensing with the second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 66, page 541.)
Mr. Dowe moved the adoption of Ordinance No. 36147-120202. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayor Smith ............................................................................................ 7.
NAYS: None ......................................................................................... 0.
TAXES: The City Manager submitted a communication advising that on
November 5, 2002, Virginians voted in favor of Constitutional Amendment #2 of
Article X, Taxation and Finance, Section 6, Exempt Property, which amendment
transfers the responsibility of determining tax exempt property from the General
Assembly to the local governing body, effective January 1, 2003.
It was further advised that the City's current policy regarding supporting
requests of non-profit organizations to exempt certain property from taxation was
adopted on February 18, 1992, and requires that such organizations agree to pay an
annual service charge equal to 20 per cent of the real estate tax levy on the property
to be exempted as a condition to receiving a resolution from City Council supporting
the request for tax exemption to the General Assembly; and the General Assembly
requires a resolution by the local governing body before processing a request for
exemption.
It was explained that the constitutional amendment requires a modification to
the City's current policy for supporting requests of non-profit organizations to
exempt certain property from taxation; essentially, City Council will now have final
authority for determining tax-exempt property for non-profit organizations; and
although the policy redefines the process and has been reviewed by the
Commissioner of the Revenue, the Director of Real Estate Valuation, and the City
Clerk, further legislation may be forthcoming from the General Assembly which may
require further amendment of the policy.
The City Manager recommended that Council approve a modified City policy
regarding the determination of tax-exempt property.
Mr. Carder offered the following resolution:
(#36148-120202) A RESOLUTION adopting a new policy and procedure with
respect to requests of certain non-profit organizations to exempt certain property
from taxation pursuant to Article X, §6 (a)(6), of the Constitution of Virginia, repealing
Resolution No. 30884-021892, adopted February 18, 1992, as amended by Resolution
No. 35645.111901, adopted November 19, 2001.
(For full text of Resolution, see Resolution Book No. 66, page 542.)
Mr. Carder moved the adoption of Resolution No. 36148-120202. The motion
was seconded by Mr. Dowe.
Following discussion, Council Member Carder inquired as to whether Council
may require that those organizations, which petition the City to have their real
property declared tax exempt, agree to pay, voluntarily, ~the service district tax
currently imposed in two areas of the City (downtown and Williamson Road).
The City Attorney advised that he would research the matter and advise
Council accordingly.
Resolution No. 36148-120202 was adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayor Smith ............................................................................................ 7.
NAYS: None ......................................................................................... 0.
TOWING CONTRACT: The City Manager submitted a communication advising
that an invitation for bid for the City's Towing Contract was advertised in The
Roanoke Times and the Roanoke Tribune; and a pre-bid conference was held
September 23, 2002, and as a result of questions asked during that pre-bid
conference, two addenda were sent to prospective bidders, one extending the
deadline for receipt of bids from October 7 to October 28 and the other clarifying
questions that were asked at the pre-bid conference; on October 28, 2002, two bids
were received, one from Robert Young Towing and the other from Woods Service
Center; and after reviewing the two bids, it was determined that both bidders
responded in a way which is deemed to be "non- responsive"; reviewers had to
make assumptions as to annual costs for both bidders inasmuch as both bidders
provided bids in formats different than that requested by the City; City
2O
representatives will meet with both bidders to discuss format so as to accurately
compare bids in response to another Invitation for Bid; therefor, it is recommended
that both bids be rejected and following a meeting with both bidders, the bid format
will be revised and readvertised.
The City Manager recommended that Council reject all bids submitted for a
City Towing Contract.
Mr. Carder offered the following resolution:
(#36149-120202) A RESOLUTION rejecting all bids for a City of Roanoke
Towing Contract.
(For full text of Resolution, see Resolution Book No. 66, page 543.)
Mr. Carder moved the adoption of Resolution No. 36149-120202. The motion
was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayor Smith ........................................................................................... -7.
NAYS: None ......................................................................................... 0.
CITY CODE-TAXES-REAL ESTATE VALUATION: The City Attorney submitted
a written report advising that Section 32-39, Code of the City of Roanoke, (1979), as
amended, authorizes the Circuit Court to appoint annually three persons to serve
one-year terms of office as a Board of Equalization for the City with authority to
adjust, upon appeal, real property assessments; Section 58.1-3373, Code of Virginia,
in the alternative, permits appointment by the Court of either three or five members
to such a board, who would be appointed for staggered terms of three terms (initial
appointments would be for terms of one, two, and three years in order to implement
the staggered terms), in an effort to create an on-going or "permanent" board; and
"permanent" board would have the advantage of helping to ensure that one or more
members of the board are experienced in their work, and will also help to ensure
continuity.
It was further advised that the Director of Real Estate Valuation supports
creation of a "permanent" board; the choice of appointing Board of Equalization
members for annual, or three-year terms of office, is a policy issue for Council;
whereupon, he transmitted a measure hat would amend §532-39 and create a
"permanent" Board of Equalization for consideration by Council.
21
Mr. Bestpitch offered the following ordinance:
(#36150-120202) AN ORDINANCE amending §32-39, Board of Equalization, of
Chapter 32, Taxation, of the Code of the City of Roanoke (1979), as amended, by
changing the terms of appointment of members to the Board of Equalization; and
dispensing with the second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 66, page 544.)
Mr. Bestpitch moved the adoption of Ordinance No. 36150-120202. The motion
was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayor Smith ............................................................................................ 7.
NAYS: None ......................................................... ~ ............................... 0.
DIRECTOR OF FINANCE:
AUDITS/FINANCIAL REPORTS: The Director of Finance submitted the
Financial Report for the City of Roanoke for the month of October 2002.
Council Member Cutler inquired if the purchase of water from Roanoke County
and the City of Salem are about to taper off as the water level begins to rise at
Carvins Cove. The City Manager advised that the City continues to purchase water
from Salem and Roanoke County, no bill has been received for the month of
November, it is anticipated that water will continue to be purchased foran indefinite
period of time, and as water availability improves, the City will look for opportunities
to cut back on the volume of water which is purchased from surrounding localities.
She stated that the City cannot continue, indefinitely, to use retained earnings to
fund monthly water bills from other localities and in all probability, Council will be
requested within the next six to eight weeks, to establish higher water rates to
address not only water projects, but additional capital projects that are necessary
to ensure an adequate water supply for Roanoke's citizens, while the City continues
to engage in discussions with Roanoke County relating to creation of an authority.
Without objection by Council, the Mayor advised that the Financial Report
would be received and filed.
REPORTS OF COMMITTEES: NONE.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION
RESOLUTIONS:
OF ORDINANCES AND
ZONING: Ordinance No. 36141, on second reading, amending certain
conditions presently binding upon property bearing Official Tax No. 2761409,
previously rezoned C-2, General Commercial District, by the adoption of Ordinance
No. 32294-121994, and to rezone a portion of property bearing Official Tax No.
2761421, from RS-3, Residential Single Family District, to C-2, General Commercial
District, subject to proffered conditions contained in a Second Amended Petition
filed in the City Clerk's Office on September 5, 2002, said property being located at
the corner of Virginia Avenue and Westside Boulevard, N. W., having previously
been before the Council for its first reading on Monday, November 18, 2002, read and
adopted on its first reading and laid over, was again before the body, Mr. Dowe
offering the following for its second reading and final and adoption:
(#36141-120202) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 276, Sectional 1976 Zone Map, City of
Roanoke, in order to amend certain conditions presently binding upon certain
property bearing Official Tax No. 2761409, previously conditionally rezoned C-2,
General Commercial District, by the adoption of Ordinance No. 32294-121994, and
to rezone a portion of property bearing Official Tax No. 2761421 from RS-3,
Residential Single Family District, to C-2, General Commercial District, subject to
certain conditions.
(For full text of Ordinance, see Ordinance Book No. 66, page 534.)
Mr. Dowe moved the adoption of Ordinance No. 36141-120202. The motion
was seconded by Mr. Carder.
Council Member Bestpitch advised that his position has nothing to do with the
petitioner or his business. He stated that rezoning ordinances do not zone
individuals, but they do zone property, and he believes that two important questions
should be answered when considering rezoning requests; i.e.: (1) is it a building
which needs to be rezoned in order to be continued in some productive way and
would otherwise be likely to remain empty and fall into disrepair, or (2) is there a
shortage of a particular type of property within the general area of the City where the
rezoning is being requested. He stated that the answer to the first question is that
there is no commercial building at this location, so there is no possibility of the
building falling into disrepair and not being used, and the answer to the second
question is that there are approximately 34 C-2 properties within one-half mile of this
location that are either vacant or under utilized and approximately 80 properties
within one mile. He advised that he is surprised that no small business owners
and/or commercial property owners have protested these types of rezoning
applications, because the affect of approving the ordinance under consideration is
that it makes it that much harder for those property owners who have existing C-2
property to find someone who is willing to either lease or purchase their property at
what the property should be worth.
Council Member Wyatt advised that she believes that a person's word is their
bond. She stated that she served on Council when Mr. Wells gave his word that he
would request only one exception, but he has repeatedly returned to the Council
requesting further expansion of his business. She advised that out of compassion
for Mr. Wells as a small business owner, she voted in favor~f his previous request,
but she is not inclined to support further expansion of his business.
Council Member Dowe advised that there are certain clear cut, black and white
rules that help to assist in the governing of citizens, however, not everything falls
within a specified parameter. He stated that he has been appreciative of the City's
efforts to sustain businesses within the City of Roanoke and especially appreciative
of the City's efforts in regard to small businesses that have opportunities to go
elsewhere, but they have been able to sustain and to be successful in the City of
Roanoke. He advised that the same principle used by the City to govern large
entities in other sections of the City should also apply to the request of Mr. Wells
and it would behoove Council to remain as consistent as possible.
Ordinance No. 36141-120202 was adopted by the following vote:
AYES: Council Members Carder, Cutler, Dowe, Harris, and Mayor Smith ..... 5.
NAYS: Council Members Bestpitch and Wyatt ............................................. 2.
CITY COUNCIL: Mr. Carder offered the following resolution canceling the work
session meeting of City Council scheduled to be held at 12:15 p.m., on Monday,
December 30, 2002:
(#36151-120202) A RESOLUTION canceling the work session meeting of City
Council scheduled to be held at 12:15 p.m., on December ~30, 2002.
(For full text of Resolution, see Resolution Book No. 66, page 545.)
24
Mr. Carder moved the adoption of Resolution No. 36151-120202. The motion
was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayor Smith ............................................................................................. 7.
NAYS: None ........................................................................................ -0.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF
COUNCIL:
CITY EMPLOYEES: Mr. Bestpitch offered the following resolution closing City
offices on Tuesday, December 24, 2002, and providing for additional holiday leave
for all City employees:
(#36152-120202) A RESOLUTION closing certain City offices on Tuesday,
December 24, 2002, and providing for additional holiday leave for all City employees.
(For full text of Resolution, see Resolution Book No. 66, page 546.)
Mr. Bestpitch moved the adoption of Resolution No. 36152-120202. The
motion was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayor Smith ............................................................................................ 7.
NAYS: None ........................................................................................ -0.
ZONING-COMMUNITY PLANNING: Council Member Wyatt inquired about the
status of a proposed ordinance regulating tattoo parlors in the City of Roanoke;
whereupon, the City Manager advised that the matter will be included on the next
agenda of the City Planning Commission for consideration and referral to Council
for appropriate action.
CELEBRATIONS: Council Member Carder called attention to the annual
lighting of the City's Christmas Tree on Friday, December 6, 2002, at 5:30 p.m., at
First Union Plaza, and the annual Christmas Parade on December 13, 2002, at
6:30 p.m.
PARKS AND RECREATION-LANDMARKS/HISTORIC PRESERVATION: Mayor
Smith acknowledged the efforts of all persons responsible for activities associated
with dedication of the historic plaque at the Mill Mountain Star on November 27 at
12:00 noon.
HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that
Council sets this time as a priority for citizens to be heard, and matters requiring
referral to the City Manager will be referred immediately for any necessary and
appropriate response, recommendation or report to Council.
POLICE DEPARTMENT-REAL ESTATE VALUATION-CITY EMPLOYEES-WATER
RESOURCES: Mr. Robert Gravely, 1728 Patterson Avenue, S. W., expressed
dissatisfaction with wages paid to City employees, real estate assessment of
properties in certain areas of the City, the City's high crime rate, and the City's water
supply shortage.
CITY MANAGER COMMENTS: NONE.
At 4:00 p.m., the Mayor declared the meeting in recess for two Closed
Sessions.
At 4:45 p.m., the meeting reconvened in the City Council Chamber, with Mayor
Smith presiding, and all Members of the Council in attendance, with the exception
of Vice-Mayor Harris who left the meeting during the Closed Session.
COUNCIL: With respect to the Closed Meeting just concluded, Mr. Carder
moved that each Member of City Council certify to the best of his or her knowledge
that: (1) only public business matters lawfully exempted from open meeting
requirements under the Virginia Freedom of Information Act; and (2) only such
public business matters as were identified in any motion by which any Closed
Meeting was convened were heard, discussed or considered by City Council. The
motion was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Wyatt
and Mayor Smith .......................................................................................... -6.
NAYS: None ......................................................................................... 0.
(Vice-Mayor Harris was absent.)
OATHS OF OFFICE-TRAFFIC: The Mayor advised that the terms of office of
Julian H. Raney, Jr., and John B. Ferguson as members of the Court Community
Corrections Program Regional Community Criminal Justice Board, expired on
June 30, 2002, and called for nominations to fill the vacancies.
Ms. Wyatt placed in nomination the names of Julian H. Raney, Jr., and John B.
Ferguson.
There being no further nominations, Messrs. Raney and Ferguson were
reappointed as members of the Court Community Corrections Program Regional
Criminal Justice Board, for terms ending June 30, 2005, by the following vote:
FOR MESSRS. RANEYAND FERGUSON: Council Members Bestpitch, Carder,
Cutler, Dowe, Wyatt and Mayor Smith ................................................................. -6.
(Vice-Mayor Harris was absent.)
OATHS OF OFFICE-ROANOKE NEIGHBORHOOD PARTNERSHIP: The Mayor
advised that the terms of office of Robin Murphy-Kelso, Shirley M. Bethel and Carl D.
Cooper as members of the Roanoke Neighborhood Partnership Steering Committee,
expired on November 30, 2002, and called for nominations to fill the vacancies.
Mr. Bestpitch placed in nomination the names of Robin Murphy-Kelso,
Shirley M. Bethel and Carl D. Cooper.
There being no further nominations, Ms. Murphy-Kelso, Ms. Bethel and
Mr. Cooper were reappointed as members of the Roanoke Neighborhood Partnership
Steering Committee, for terms ending November 30, 2005, by the following vote:
FOR MS. MURPHY-KELSO, MS. BETHEL AND MR. COOPER: Council Members
Bestpitch, Carder, Cutler, Dowe, Wyatt and Mayor Smith ...................................... -6.
(Vice-Mayor Harris was absent.)
OATHS OF OFFICE-BLUE RIDGE BEHAVIORAL HEALTHCARE BOARD OF
DIRECTORS: The Mayor advised that the term of office of Robert Williams, Jr., as a
member of the Blue Ridge Behavioral Healthcare Board of Directors will expire on
December 31, 2002, and called for nominations to fill the vacancy.
Ms. Wyatt placed in nomination the name of Robert'Williams, Jr.
27
There being no further nominations, Mr. Williams was reappointed as a
member of the Blue Ridge Behavioral Healthcare Board of Directors, for a term
ending December 31, 2005, by the following vote:
FOR MR. WILLIAMS: Council Members Bestpitch, Carder, Cutler, Dowe, Wyatt
and Mayor Smith ............................................................................................... 6.
(Vice-Mayor Harris was absent.)
There being no further business, the Mayor declared the meeting adjourned
at 4:50 p.m.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
C-1
SPECIAL SESSION - ROANOKE CITY COUNCIL
December 6, 2002
10:30 a.m.
The Council of the City of Roanoke met in special session on Friday,
December 6, 2002, at 10:30 a.m., in the City Council Chamber, fourth floor, Noel C.
Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, Virginia, with
Vice-Mayor C. Nelson Harris presiding, pursuant to Section 10, Meetings of Council
of the Charter of the City of Roanoke.
PRESENT: Council Members William D. Bestpitch, William H. Carder, Alfred T.
Dowe, Jr., Linda F. Wyatt and Vice-Mayor C. Nelson Harris ................................ 5.
ABSENT: Council Member M. Rupert Cutler and Mayor Ralph K. Smith ........ 2.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker, City
Clerk.
The meeting was opened with a prayer by Vice-Mayor Harris.
The Pledge of Allegiance to the Flag of the United States of America was led
by Vice-Mayor Harris.
ZONING-ROANOKE CIVIC CENTER-STADIUM: The Vice-Mayor advised that the
special meeting was called pursuant to the following communication from the City
Manager:
"December 4, 2002
The Honorable Mayor and Members
of City Council
Roanoke, Virginia
Dear Mayor Smith and Members of City Council:
Pursuant to §10, Meetinqs of Council, of the Charter of the City of Roanoke,
I am calling a Special Meeting of Roanoke City Council to be held in Council
Chambers, 4th Floor, Municipal Building, on Friday, December 6, 2002, at 10:30 a.m.,
for the purpose of considering authorizing the filing of an amended petition to
rezone the stadium/amphitheatre property.
Sincerely yours,
s/Darelene L. Burcham
Darlene L. Burcham
City Manager
C'
Jesse A. Hall, Director of Finance
William M. Hackworth, City Attorney
Mary F. Parker, City Clerk"
Mr. Carder offered the following resolution:
(#36153-120602) A RESOLUTION authorizing the filin~g of a petition to rezone
property which is owned by the City of Roanoke and which is designated as Official
Tax Nos. 3070301,3070302, 3070303, 3070304, 3070305, 3070306, 3070307, 3070308,
3070309, 3070310, 3070313, 3070314, 3070315, 3070316, 2041816, 2041817, 3070501
and 3070318 and property which is owned by Calvin W. and Mary C. Powers and
Theodore J. and Judy P. Sutton and which is designated as Official Tax No. 3070321.
(For full text of resolution, see Resolution Book No. 67, page 1.)
Mr. Carder moved the adoption of Resolution No. 36153-120602. The motion
was seconded by Mr. Dowe.
Mr. Jim Fields, 17 Ridgecrest Road, Hardy, Virginia, spoke in support of
preserving Victory Stadium in memory of those veterans who served in World War
I1. He advised that Victory Stadium should be declared a historic landmark and used
for outdoor events, such as the Fourth of July celebration, etc., and it is hoped that
the $18 million which is to be used for construction of a new stadium/amphitheatre
is a wise use of taxpayers' money.
The City Manager presented copy of a petition that is proposed to be filed on
behalf of the City of Roanoke before the close of the day, provided that the above
referenced measure is approved by Council. She called attention to the following
proffers: (1) the property shall be used only for a coliseum, stadium, exhibit hall or
similar facility or facilities; (2) provision of on-site parking shall include no less than
750 parking spaces and shall not exceed a maximum of '900 parking spaces; (3)
there shall be no more than two points of vehicular ingress to or egress from, the
2
property with those two points of access limited to one point on Courtland Road,
N. E., and one point on Carver Avenue, N. E.; (4) landscaping consisting of
deciduous and evergreen trees, shrubs, perennials, grasses, ground covers, and
vines, shall be planted and maintained on at least 15 per cent of the total site area;
and (5) stadium field irrigation shall be supplemented by a rain water harvesting
system which should reduce the dependence of the facility on the public water
supply and reduce storm water run off. She stated that it is believed that this is a
significantly different application than the one previously filed and the approval of
Council is requested in order to file the petition. At the time of filing, she advised
that a joint public hearing before the Council and the City Planning Commission on
Tuesday, January 21,2003, at 7:00 p.m., or as soon thereafter as the matter may be
heard, will be requested.
For the record, Council Member Bestpitch asked that the City Manager confirm
that the traffic and parking plan for the stadium/amphitheater complex has been
completed, the City has identified the cost of implementing the plan, and any
person who wishes to review costs, or how costs will be covered, may contact the
City Manager's Office to obtain such information. The City Manager responded in
the affirmative to all of the above.
There being no further discussion, Resolution No. 36153-120202 was adopted
by the following vote:
AYES: Council Members Bestpitch, Carder, Dowe, Wyatt and Vice-Mayor
Harris ........................................................................................................... 5.
NAYS:None .......................................................................................... ~.
(Council Member Cutler and Mayor Smith were absent.)
There being no further business, the Vice-Mayor declared the special meeting
adjourned at 10:50 a.m.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
RALPH K. SMITH
Mayor
CITY OF ROANOKE
OFFICE OF THE MAYOR
215 CHURCH AVENUE, S.W., ROOM 452
ROANOKE, VIRGINIA 24011 - 1594
TELEPHONE: (540) 853-2444
FAX: (540) 853-1145
Janua~ 21,2003
The Honorable Vice-Mayor and
Members of the Roanoke City Council
Roanoke, Virginia
Dear Members of Council:
I wish to request a Closed Meeting to discuss vacancies on various authorities, boards,
commissions and committees appointed by Council, pursuant to Section 2.2-3711 (A)(1),
Code of Virginia (1950), as amended.
Sincerely,
May6r
RKS:sm
H:~Agenda 02\Closed Session on Vacancies.wpd
WILLARD N. CLAYTOR
Director
CITY OF ROANOKE
REAL ESTATE VALUATION
215 Church Avenue, S.W., Room 250
Roanoke, Virginia 24011
January 16, 2003
Telephone: (540) 853 2771
Facsimile: (540) 853-2796
Honorable Mayor Ralph K. Smith
and Members of Roanoke City Council
Roanoke, Virginia
Dear Members of Council:
As prescribed by law, the Office of Real Estate Valuation has
completed the Annual General Reassessment Proqram for Fiscal Year
2003-04. "Change of Assessment Notices" will be mailed to property
owners January 18, 2003.
The real estate tax base has increased approximately 5.95% due to
this year's annual reassessment. This figure is subject to appeals
and excludes new construction. Nearby localities experienced
similar growth in property values. Roanoke County assessments
increased by 5.4% this year. In the City of Salem, values increased
10% over their two year assessment cycle.
New construction in Roanoke City totals $80.5 million dollars and
will add another 1.86% to the tax base. This is down slightly
from last year's 2.06% rate. Residential new construction totals
$43.7 million dollars and commercial new construction totals $36.8
million dollars. Last year's new construction totaled $84.3 million
dollars.
Overall, the general reassessment program and new construction
indicate growth of 7.8% in the real estate tax base to July 1,
2003. Last year's growth was 5.3%.
Please keep in mind the values will be adjusted for tax freezes,
tax abatements and other miscellaneous items to arrive at a revenue
estimate for the next fiscal year.
Unlike the financial markets, the real estate markets have remained
strong during the last three years of weak economic growth. Low
interest rates generally, and historically low mortgage interest
rates in particular, have help the real estate markets weather this
recessionary environment. The rates continue to fuel increased
new home construction, remodeling and repair activity.
Merd0ers of Roanoke City Council
January 16, 2003
page 2
Individual property assessments vary widely from the citywide
average of 5.95%. Most assessment changes will range from 4% to
8%, with a majority at 7% or less. If an owner has made
improvements to the property during the year that increased its
value, that property owner may receive an increase higher than
others.
Assessment Appeals will be conducted from January 18 through
February 15, 2003. I would be most happy to respond to any
inquiries you may receive from our citizens about the reassessment
program. You recently passed an ordinance creating a permanent
Board of Equalization. I expect the Board of Equalization to begin
hearing appeals in April of this year.
Should you need additional information or assistance with an
assessment matter, please feel free to call me.
Respectfully submitted,
Willard N. Claytor ~
Director
Attachment
The Honorable Sherman A. Holland, Commissioner of the Revenue
The Honorable David C. Anderson, City Treasurer
Darlene L. Burcham, City Manager
Mary F. Parker, City Clerk
Jesse A. Hall, Director of Finance
William M. Hackworth, City Attorney
Drew Harmon, Municipal Auditor
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
January 28, 2003
File #15-51-110
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
Rebecca J. Cockram, Secretary
Board of Zoning Appeals
Roanoke, Virginia
Dear Ms. Cockram:
This is to advise you that Joseph F. Miller and William D. Poe have qualified as members
of the Board of Zoning Appeals, for terms ending December 31,2005.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
pc: Stephanie M. Moon, Deputy City Clerk
H:~Agenda.03\January 21,2003 correspondence.wF I
CITY CLERK '~)3 JRN 13 n~4~Ls~-J
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Joseph F. Miller, do solemnly swear (or affirm) that I will support the Constitution
of the United States of America and the Constitution of the Commonwealth of Virginia, and
that I will faithfully and impartially discharge and perform all the duties incumbent upon me
as a member of the Board of Zoning Appeals, for a term ending December 31, 2005,
according to the best of my ability.
Subscribed and sworn to before me this IE) day of. ~"-~\ 2002.
ARTHUR B. CRUSH, Ill, CLERK
,DEPUTYCLERK
N:\CKMHl~Agenda.02\December 16, 2002.Oaths.wpd
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, William D. Poe, do solemnly swear (or affirm) that I will support the Constitution
of the United States of America and the Constitution of the Commonwealth of Virginia, and
that I will faithfully and impartially discharge and perform all the duties incumbent upon me
as a member of the Board of Zoning Appeals, for a term ending December 31, 2005,
according to the best of my ability.
Subscribed and sworn to before me this IO day of'---J~200~.
ARTHUR B. CRUSH, I1~, CLERK
, DEPUTY CLERK
N:\CKMHl~Agenda.02\December 16, 2002.Oaths.wpd
CITy.. OF ROANOKE
Off~ce of the City Clerk
Mary F. Parker, CMC
City Clerk
January 28, 2003
File #15-20-110-316
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
Georgene P. Elmore, Secretary
City of Roanoke Transportation
Safety Commission
Roanoke, Virginia
Dear Ms. EImore:
This is to advise you that Kenneth H. King, Jr., has qualified as a member of the City of
Roanoke Transportation Safety Commission, for a term ending October 31,2006.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
pc: Stephanie M. Moon, Deputy City Clerk
= H:~Agenda 03\January 21 2003 correspondence
, .wp(
Oath or Affirmation of Office
3 JI;l,t-2 PI:00
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Kenneth H. King, Jr., do solemnly swear (or affirm) that I will support the
Constitution of the United States of America and the Constitution of the Commonwealth
of Virginia, and that I will faithfully and impartially discharge and perform all the duties
incumbent upon me as a member of the City of Roanoke Transportation Safety
Commission, for a term ending October 31,2006, according to the best of my ability.
Subscribed and sworn to before me this o~, day of ~ 200~
ARTF~ B. CRUSH, Ill, CLERK
,DEPUTYCLERK
HSAgenda.02\November 4, 2002.Oaths.wpd
WILLIAM M. HACKV~ORTH
CITY OF ROANOKE
OFFICE OF CITY ATTORNEY
464 MUNICIPAL BUILDING
2 ! 5 CHURCH AVENUE, SW
ROANOKE, VIRGINIA 24011-1595
TELEPHONE: 540-$$3-243 I
FAX: 540-853-122l
EMAIL: cityatty~ci.roanoke.va.ua
ELIZABETH K. DILLON
STEVEN J. TALEVI
GARY E. TEGENKAMP
DAVID L. COLLINS
HEATHER P. FERGUSON
January 21, 2003
The Honorable Mayor and Members
of City Council
Roanoke, Virginia
Re: Request for closed meeting
Dear Mayor Smith and Council Members:
This is to request that City Council convene a closed meeting to consult with legal
counsel on a specific matter requiring the provision of legal advice by such counsel, pursuant
to {}2.2-3711.A.7, Code of Virginia (1950), as amended.
With kindest personal regards, I am
Sincerely yours,
WMH:f
William M. Hackworth
City Attorney
CC:
Darlene L. Burcham, City Manager
Mary F. Parker, City Clerk
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
January 28, 2003
File #184
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 36194-012103 authorizing payment of
supplementary compensation and restoration of certain benefits to certain employees
called to active military duty.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Tuesday, January 21,2003.
MFP:mh
Mary F. Parker, CMC
City Clerk
Attachment
pc:
Jesse A. Hall, Director of Finance
Kenneth S. Cronin, Director,,Human Resources
: ;~;[. H:~Agenda.03\January 21, 2003 correspondence.wp
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21st day of January, 2003.
No. 36194-012103.
A RESOLUTION authorizing payment of supplementary compensation and
restoration of certain benefits to certain employees called to active military duty.
BE IT RESOLVED by the Council of the City &Roanoke that:
1. The City shall pay, upon request, to any City employee who is a military
reservist and who, between October 1, 2002, and September 30, 2003, is called to and
serves in active duty related to our country's war on terrorism, subsequent to that
employee's employment with the City, a supplement equal to the difference between that
employee's regular City salary and military base pay plus any other compensation
received for military service. This supplement shall not be paid for any days that regular
City salary must be paid to such employees. Employees shall provide the Department of
Human Resources with the necessary documentation to establish their eligibility for the
supplement.
2. Each such employee shall be deemed to have earned City vacation, paid
and extended illness leave for the period of such active duty in the same manner as if
such employee had remained in service with the City.
3. For each such employee who returns to service with the City within seven
(7) working days of the conclusion of such active military duty, the City shall pay the
City portion &the health and dental benefit premiums necessary to provide coverage for
the employee effective upon the date of return to service with the City.
ATTEST:
City Clerk
H:~M~t~s~lilit~y Pay. doc
CITY OF ROANOKE
OFFICE OF THE C1TY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, $.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
Januaw 21,2002
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Vice Mayor
Honorable William D. Bestpitch, Council Member
Honorable William H. Carder, Council Member
Honorable M. Ruped Cutler, Council Member
Honorable Alfred T. Dowe, Jr. Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject: Special Military Leave Pay
Background:
Military leave at full pay is limited to fifteen work days per federal fiscal year for
employees of the City of Roanoke who are military reservists called to active
duty. City Council approved Special Military Pay on November 5, 2001, to
provide supplemental pay for military reservists called to active duty related to
the war on terrorism. This special council action was effective through September
30, 2002, and benefited three City employees called from reserves to active duty.
There are thirty-eight reservists in twelve depadments within the City of Roanoke
full time employment.
Recommended Action:
Approve special policy to pay military reservists who are called to active duty and
serve between October 1,2002 and September 30, 2003 the difference between
their military base pay (including any other related compensation received from
The Honorable Mayorand Members of City Council
January 21,2003
Page 2
the military) and pay with the City of Roanoke in their current job. Covered
employees would be those reservists who are called to active duty related to our
country's war on terrorism subsequent to the employee's employment with the
City of Roanoke. This supplemental pay will be provided upon request and with
necessary documentation to the Department of Human Resources.
DLB:bka
C:
City Manager
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Kenneth S. Cronin, Director of Human Resources
CM02-0270
CITy.. OF RO_..ANOKE
Office of the C~ty Clerk
Mary F. Parker, CMC
City Clerk
January 28, 2003
File #60-70-236
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
DarLene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 36196-012103 authorizing acceptance of the Fiscal
Year 2003 Fire Programs Funds Grant, in the amount of $127,201.85, made to the City of
Roanoke by the Virginia Department of Fire Programs, and authorizing execution and filing
by the City Manager of conditions of the grant and other grant documents.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Tuesday, January 21,2003.
MFP:mh
Sincerely,
Mary F. Parker, CMC
. City Clerk
Attachment
pc:
Jesse A. Hall, Director of Finance
George C. Snead, Jr., Assistant City Manager for Operations
James Grigsby, Chief, Department of Fire/EMS
t~ H:~,genda.03\January 21, 2003 correspondence.wp:l
IN THE COUNCIl. OF THE CITY OF ROANOKE, VIRGINIA,
The 21st day of January, 2003.
lqo. 36196-012101.
A RESOLUTION authorizing the acceptance of the FY2003 Fire Programs Funds Grant
made to the City of Roanoko by the Virginia Department of Fire Programs and anthofizing the
execution and filing by the City Manager of the conditions of the grant and other grant
documents.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The City of Roanoke hereby accepts the offer made by the Virginia
Department of Fire Programs of the FY2003 Fire Programs Funds Grant in the amount of
$127,201.85.
2.
The City Manager or the Assistant City Manager for Operations is hereby
authorized to accept, execute and file on behalf of the City any documents setting forth the
conditions of the FY2003 Fire Programs Funds Grant.
3. The City Manager or the Assistant City Manager for Operations is further
directed to furnish such additional information as may be required by the Virginia Department of
Fire Programs in connection with the City's acceptance of the foregoing grant or with such
project.
ATTEST:
City Clerk
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
January 28, 2003
File #60-70-236
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
I am attaching copy of Ordinance No. 36195-012103 amending and reordaining certain
sections of the 2002-03 Grant Fund Appropriations, providing for appropriation of
$127,202.00, in connection with acceptance of a Fire Programs Funds Grant for fiscal year
2003; and dispensing with the second reading by title of this ordinance.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Tuesday, January 21, 2003, and is in full force and
effect upon its passage.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Attachment
pc:
Darlene L. Burcham, City Manager
George C. Snead, Jr., Assistant City Manager for Operations
James Grigsby, Chief, Department of Fire/EMS
Barry L. Key, Director, Office of Management and Budget
H:~Agenda.03\January 21, 2003 correspondence.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 21st day of January, 2003.
No. 36195-012103.
AN ORDINANCE to amend and reordain certain sections of the 2002-2003 Grant
Fund Appropriations, and dispensing with the second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain sections of
the 2002-2003 Grant Fund Appropriations be, and the same are hereby, amended and
reordained to read as follows, in part:
Appropriations
Public Safety $ 2,579,797
Fire Program Fund FY03 (1) ................................................................... 127,202
Revenues
Public Safety
Fire Program Fund FY03 (2) ..................................... '. .............................
1) Expendable Equipment
<$5,000
2) Training and Development
3) Wearing Apparel
4) Recruiting
5) Regional Fire Training
Facility
6) State Grant Receipts
(035-520-3233-2035) $ 22,202
(035-520-3233-2044) 10,000
(035-520-3233-2064) 30,000
(035-520-3233-2065) 5,000
(035-520-3233-9073) 60,000
(035-520-3233-3233) 127,202
$ 2,579,797
127,202
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, $.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
Janua~ 21,2003
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Vice Mayor
Honorable William D. Bestpitch, Council Member
Honorable William H. Carder, Council Member
Honorable Dr. M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject: Fire Programs Grant
Background:
The Fire Programs Fund was established by the General Assembly effective
October 4, 1985, pursuant to section 38.1-44.1 of the Code of Virginia. The
sunset clause requiring expiration of this fund July 1, 1990 was removed; thus, the
City's annual allocation of state funds will continue indefinitely.
Program guidelines require that funds received are non-supplanting and may not
be used to replace existing local funding. Funds must be used in accordance with
the provisions established by the State Department of Fire Programs.
The City of Roanoke's allocation of $127,201.85 was deposited into account 035-
520-3233-3233 from the Department of Fire Programs.
Considerations:
The City's portion of the Roanoke Regional Fire-EMS Training Center debt service
is $50,000, which is paid annually from this revenue soume.
City Council action is needed to formally accept and appropriate these funds, and
authorize the Director of Finance to establish revenue estimates and appropriate
accounts in the Grant Fund to purchase equipment and supplies in accordance
with provisions of this program.
The Honorable Mayor and Members of Council
January 21,2003
Page 2
Recommended Action:
Authorize the City Manager to accept the grant, to accept and file any documents
setting forth the conditions of the FY2003 Fire Programs Funds Grant, to furnish
such additional information as may be required and appropriate grants funds of
$127,202 with corresponding revenue estimates in accounts established by the
Director of Finance in the Grant Fund.
Res~pectfully submitted,
Darlene L. Burcham
City Manager
DLB:jsf
Attachment
C~
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
George S. Snead, Assistant City Manager for Operations
James Grigsby, Fire-EMS Chief
#CM02-00294
Fire Program Fund FY03
1. Expendable Equipment
2. Training and Development
3. Wearing Apparel
4. Recruiting
5. Regional Training Facility
(035-520-3233-2035)
(035-520-3233-2044)
(035-520-3233-2064)
(035-520-3233-2085)
(035-520-3233-9073)
$127,201.85
$ 22,201.85
$ 10,000.00
$ 30,000.00
$ 5,000.00
$ 60,000.00
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
January 28, 2003
File #5-60-236
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 36198-012103 accepting a grant of funds, in the
amount of $331,102.00, from the Byrne Memorial Formula Grant Program, administered
by the Virginia Department of Criminal Justice Services; authorizing the City Manager to
execute the requisite documents for such grant; and authorizing the City Manager to
execute a subgrant agreement with the Virginia Community Action Re-entry System, Inc.,
upon certain terms and conditions.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Tuesday, January 21,2003.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Attach ment
pc: Cynthia A. Martin, Executive Director, Virginia CARES, 145 Campbell Avenue,
S. W., Roanoke, Virginia 24011
Jesse A. Hall, Director of Finance
Barry L. Key, Director, Office of Management and Budget
Frank E. Baratta, Budget Team Leader
H:~Agenda.03~January 21, 2003 correspondence.wpd
IN THE COUNCiL OF THE CITY OF ROANOKE, VIRGINIA,
The 21st day of January, 2003.
Iqo. 36198-012103.
A RESOLUTION accepting a grant of funds from the Byme Memorial Fomaula Grant
Program, administered by the Virginia Department of Criminal Justice Services, authorizing the City
Manager to execute the requisite documents for such grant, authorizing the City Manager to execute
a subgrant agreement with th~ Virginia Community Action Re-entry System, Inc. ("Virginia
CARES"), upon certain terms and conditions.
WHEREAS, due to State budget cuts, state funds will terminate for the Byme Memorial
Formula Grant Program on December 31, 2002, but federal funds will be available for the remainder
of the program year; and
WHEREAS, federal funds for the Byme Memorial Formula Grant Program require a twenty-
five percent cash match and may be awarded only to a locality which has contracted with Virginia
CARES; and
WHEREAS, the City of Roanoke applied for $331,102 in Byme Grant funds, contingent
upon the ability of Virginia CARES to secure and operate for the initial six weeks with matching
funds.
ACCEPTED.
2.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that:
The grant of funds from the Byrne Memorial Formula Grant Program is hereby
The City Manager is authorized to execute, and the City Clerk is authorized to attest,
the requisite Bryne Memorial Formula Grant documents with the Virginia Community Action Re-
entry System, Inc., for such funds, in form as is approved by the City Attorney, as more particularly
set out in the City Manager's letter dated January 21, 2003, to this Council.
3. The City Manager is authorized to execute, and the City Clerk is authorized to attest,
a subgrant agreement with the Virginia Community Action Re-entry System, Inc. ("Virginia
CARES"), in such form as is approved by the City Attorney, as more particularly set out in the City
Manager's letter dated January 21, 2003, to this Council.
ATTEST:
City Clerk.
H ARESOLUTIONSIR-VACARES012103 DOC
CITY OF R iNOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
January 28, 2003
File #5-60-236
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
I am attaching copy of Ordinance No. 36197-012103 amending and reordaining certain
sections of the 2002-03 Grant Fund Appropriations, providing for appropriation of
$331,102.00, in connection with acceptance of a grant from the Byrne Memorial Formula
Grant Program, administered by the Virginia Department of Criminal Justice Services; and
dispensing with the second reading by title of this ordinance.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Tuesday, January 21, 2003, and is in full force and
effect upon its passage.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Attachment
pc:
Darlene L. Burnham, City Manager
Barry L. Key, Director, Office of Management and Budget
Frank E. Baratta, Budget Team Leader
~. H:~Agenda.03~Januaw 21, 2003 correspondence.wp,
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 21st day of January, 2003.
No. 36197-012103.
AN ORDINANCE to amend and reordain certain sections of the 2002-2003 Grant
Fund Appropriations, and dispensing with the second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain sections of
the 2002-2003 Grant Fund Appropriations be, and the same are hereby, amended and
reordained to read as follows, in part:
Appropriations
Health and Welfare $
VA Cares FY03 (1) ..................................................................................
Revenues
Health and Welfare $
VA Cares FY03 (2) .................................................... '. .............................
1) Fees for Professional
Services (035-630-8080-2010) $ 331,102
2) State Grant Receipts (035-630-8080-8080) 331,102
3,819,589
331,102
3,819,589
331,102
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, $.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
January 21,2003
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Vice Mayor
Honorable William D. Bestpitch, Council Member
Honorable William H. Carder, Council Member
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor and Members of Council:
Subject:
Acceptance of Byrne Grant,
Appropriation of Funds, and
Authority to Execute Agreement with
Va. CARES
Background:
Virginia Community Action Re-entry System, Inc. (Va. CARES) is a statewide, nonprofit offender
services organization with its home office in the City of Roanoke. Va. CARES was awarded
$950,000 in state funding from the Virginia Department of Criminal Justice Services (DCJS) to
operate from July 1, 2002, to June 30, 2003. Due to budget cuts, DCJS notified Va. CARES
that state funds would terminate on December 31, 2002, but that federal Byrne Memorial
Formula Grant Program (Byrne Grant) funds, also administered by DCJS, would be made
available for the remainder of the program year. The federal funds require a 25% cash match
and may be awarded only to a locality, which would then be expected to contract with Va.
CARES to conduct the offender services. At its meeting on January 6, 2003, by resolution
36192-010603, City Council authorized the City Manager to sign an application for $331,102 in
Byrne Grant funds, contingent upon Va. CARES' ability to secure and operate for at least the
initial six weeks with the matching funds.
Considerations:
Since City Council's action on January 6th, the City has been in contact with DCJS, which has
provided the forms for accepting the Byrne Grant. At the same time, Va. CARES has been
working to secure all necessary matching funds and is presently using matching funds to
operate, in accordance with the City's conditions regarding the Byrne Grant application. Va.
CARES and City staff have also held meetings to work out the details of a contract between the
two parties. Attached to this report is a draft contract, which incorporates ell applicable
provisions of the Va. CARES program design from its prior agreement with DCJS, a~ well as the
The Honomble Mayorand Membem of Council
Janua~ 21,2003
Page 2
application for the Byrne Grant funds and the pending grant agreement between the City and
DCJS. Under the contract, the City will act as fiscal agent and project administrator, but day-to-
day operational activities, such as service delivery, payroll functions and vendor payments, will
be performed by the Va. CARES home and satellite offices and its subcontractors.
Because Va. CARES operates through a network of twelve (12) offices, including its home
office, two (2) Va. CARES satellite offices and nine (9) subcontractor offices, it would not be
feasible for the City to obtain all source documents for expenditures when disbursing grant
funds. In addition, because Va. CARES has no cash flow other than the matching funds it has
secured, the City would need to begin advancing grant funds as early as February 2003. As
with any advance disbursement agreement, the City must be willing to assume a level of risk
with respect to the actuality of disbursed funds being expended and the allowability of those
expenditures. Contract procedures will provide that Byrne Grant funds disbursed to Va. CARES
cannot exceed the amount warranted by match expenditures, in principle avoiding City liability
for match shortfalls. Limited reviews of expenditure source documents can be made by the
Department of Finance at interim points during the period of the Agreement, prior to the
program audit. The City's risk is further mitigated by the over twenty (20) years of Va. CARES'
continuous operation and its consistent record with the State for clean audits. However, risk
cannot be eliminated. It is also important to consider that, should Va. CARES not secure
funding for the future, obtaining program records and other efforts associated with closing out
the program will be the City's responsibility.
Recommendations:
1. Authorize the City Manager to sign, on behalf of the City, the necessary forms for accepting
the DCJS Byrne Grant funds;
2. Appropriate $331,102 in Byrne Grant funds to revenue and expenditure accounts in the
Grant Fund to be established by the Director of Finance; and
3. Authorize the City Manager to execute a subgrant agreement with Va. CARES, similar in
form and content to the attached draft, approved as to form by the City Attorney.
Respectfully submitted, ,
City Manager
C:
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Barry L. Key, Director of Management and Budget
Frank E. Baratta, Budget Team Leader
CM03-00008
AGREEMENT
This Agreement is made and entered into this first day of January, 2003, in the City of Roanoke, by
and between the following parties:
The Grantee
City of Roanoke, Virginia
215 Church Avenue, S.W.
Roanoke, Virginia 24011
The Subgrantee
Virginia Community Action
Re-Entry System, Inc. ("Va. CARES")
145 Campbell Avenue, S.W., Suite 555
Roanoke, Virginia 24011
WITNESSETH:
WHEREAS, by Resolution No. -010603 the Roanoke City Council authorized the City
Manager to apply to the Virginia Department of Criminal Justice Services ("DCJS") for Byrne
Memorial Formula Grant Program ("Byrne Grant") funds on behalf of the Subgrantee; and
WHEREAS, by Resolution No. __-012103 the Roanoke City Council authorized the City
Manager to accept the $331,102 Byrne Grant award from DCJS and approved the execution of a
subgrant agreement between the Grantee and the Subgrantee, and by Ordinance No. -012103
appropriated funds therefor;
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. PURPOSE:
This Agreement shall implement the activities, services, performance objectives, and terms and
conditions of Section B, Project Description, of the DCJS Statement of Grant Award, dated
June 28, 2002 ("Project Description"), the Byrne Grant application, dated November 14, 2002
("Application"), and the DCJS Statement of Grant Award, dated December 20, 2002
("Award"), which are incorporated hereinto by reference and which shall be binding upon the
Grantee and the Subgrantee and its subcontractors. All changes, amendments or revisions to
these documents shall likewise be incorporated hereinto by reference and shall be binding upon
the Grantee and the Subgrantee and its subcontractors.
2. STATEMENT OF RESPONSIBILITIES:
General - Pursuant to the purpose stated in section 1, the Grantee and the Subgrantee shall
undertake a program, known as "Va. CARES," of pre-release and post-incarceration
services for offenders through a network of subcontractors encompassing a service area of
some forty-four cities and counties within the Commonwealth of Virginia. These services
shall ease and assist the re-integration of such individuals into these communities and into
productive, law-abiding lifestyles.
Page 1 of 9 Pages
b. Responsibilities of the Grantee -- During the period of this Agreement, defined in section
3, the Grantee shall:
(1) Act as the fiscal agent for the Va. CARES program, including:
(a) Approving and submitting draw requests to DCJS, based, as applicable, on the
timely and satisfactory documentation provided by the Subgrantee;
(b) Disbursing funds to the Subgrantee, according to procedures stated in section 5;
(c) Maintaining records of such transactions in sufficient detail as may be needed
for DCJS reviews, audits or other similar purposes.
(2) Act as project administrator for the Va. CARES program, including:
(a) Compiling and submitting financial and programmatic reports as am required
by the DCJS grant award, including reviewing and approving such reports as
prepared by the Subgrantee pursuant to section 2.c. below; and
(b) Providing general programmatic and administrative guidance and other
nonfinancial support to the Subgrantee;
c. Responsibilities of the Subgrantee -- During the period of this Agreement, defined in
section 3, the Subgrantee shall:
(~)
Maintain home office staffing and subcontractor assistance sufficient to ensure
satisfactory performance under this Agreement and compliance with DCJS terms,
conditions and performance expectations;
(2) Perform all day-to-day program operations, including, but not limited to:
(a) Delivery, through subcontractors or home office staff, of all client services;
(b) Administration of home office personnel functions such as payroll and records
management;
(c) Development and administration of subcontractor agreements, including
review, approval and payment of subcontractor and other vendor invoices,
allowable under and consistent with the Project Description, Application, and
Award;
(d) Monitoring and oversight of subcontractors activities and overall achievement
of programmatic and financial performance objectives, including applying
timely and appropriate measures to remedy underperformance; and
(e) All other activities associated with the day-to-day operations of the Va. CARES
program, as described in the Project Description, Application, and Award.
(3)
Maintain regular communications with the Grantee's Project Manager, identified in
section 19 below, regarding the activities and progress of the Va. CARES program,
including circumstances which both positively or adversely affect the Subgrantee's,
and thereby, the Grantee's, ability to satisfy the terms and conditions of the Project
Description, Application and Award.
Page 2 of 9 Pages
(4)
Ensure that all provisions of this Agreement and those of the Project Description,
Application and Award are incorporated into all subcontracts pursuant to the Va.
CARES program to which the Subgrantee is a party. The Subgrantee shall provide
the Grantee a copy of each subcontractor agreement, and any amendments thereto.
(5)
Prepare and submit to the Grantee quarterly progress and financial reports and final
close-out documents complying with DCJS requirements, as further described in
section 7 below.
3. PERIOD OF THE AGREEMENT:
Unless amended, this Agreement shall begin January 1, 2003, and end June 30, 2003.
4. BUDGET:
The total Va. CARES program budget under this Agreement shall be $441,464. This amount
shall be composed of up to $331,102 in Byme Grant funds to be made available by the Grantee
and $110,362 in cash matching funds contributed by the Subgrantee's subcontractors and
home office. The Grantee shall not be liable for any match shortfall. The Subgrantee's
specific line item authority shall be as authorized under the Application and Award.
5. DISBURSEMENT PROCEDURES:
Disbursements - As soon as practicable following its January 2003 closing, and, thereafter,
not more frequently than monthly, the Subgrantee shall submit to the Grantee's Project
Manager a disbursement and reconciliation request. Such request shall be in a format and
provide documentation satisfactory to the Grantee to identify expenditures for the
preceding period and estimate expenditures for the current period, which may be one or
more months. At no time shall the amount of grant funds disbursed exceed three (3) times
the amount of match expended. Within ten (10) calendar days of the receipt of a properly
documented request, the Grantee shall disburse any grant funds requested by and due to the
Subgrantee. Proper documentation for a request shall include the timely receipt of monthly
and quarterly reports, as described in section 7 below.
Match Adjustment - Because of the necessity for the Subgrantee and its subcontractors to
satisfy the match liability prior to receiving a disbursement of grant funds, in the event of
an underexpenditum of grant funds, it is possible that the amount of match expended may
exceed the 25% DCJS requirement. Any grant disbursement adjustments needed to
reimburse overages of necessary match expenditures shall be requested by the Subgrantee
only as part of the final reconciliation and close-out.
Final Reconciliation - Within ten (10) calendar days after the date of expiration of this
Agreement, as defined in section 3, the Subgrantee shall make payment on all outstanding,
allowable costs incurred during the period of this Agreement. Within sixty (60) calendar
days after the date of expiration of this Agreement, the Subgrantee shall submit to the
Grantee a final reconciliation of all Byrne Grant funds remaining on hand, and shall remit
Page 3 of 9 Pages
to the Grantee the full amount of any such remaining Byrne Grant funds.
6. AUDIT:
The Subgrantee shall provide for an independent audit to be made of the expenditures under
this Agreement and for two (2) copies of the completed audit to be delivered to the Grantee.
7. RECORDS AND REPORTS:
Records -- The Subgrantee and its subcontractors shall maintain full and accurate records
with respect to all matters covered under this Agreement. Documentation shall be at a
level of detail sufficient to allow for monitoring reviews and audit. All records pertaining
to this Agreement, and the services performed pursuant to it, shall be retained for the
applicable period required by DCJS after the expiration date of this Agreement.
Appropriate Grantee and/or DCJS personnel shall have free access during normal business
hours to those records, including those maintained by the Subgrantee's subcontractors, for
the period of this Agreement and the subsequent DCJS-requimd retention period. The
Subgrantee and its subcontractors shall provide copies of expenditure source documents as
requested by the Grantee for the purpose of conducting reviews. In the event that the
Subgrantee discontinues operations following the expiration of this Agreement, it shall
transfer to the Grantee all home office records pertaining to the Agreement and shall
require that subcontractor records are retained by subcontractors until audited or until the
expiration of the retention period required by DCJS, whichever is later.
Monthly Reports - By the 15th of each month, the Subgrantee shall submit to the Grantee's
Project Manager a report of the progress of the program. The format and content of the
report shall be as provided in Attachment A of this Agreement or as mutually agreed to by
the Grantee and Subgrantee.
Quarterly Reports - By the l0th calendar day following the end of each calendar quarter,
the Subgrantee shall submit to the Grantee for approval the quarterly progress and financial
reports required by DCJS and necessary supporting documentation. Upon approval, the
Grantee shall submit the required original and copy of the progress report to DCJS and
shall enter the financial report on the DCJS Grants Management Online Information
System.
Final Reports and Grant Close-Out Documents - The Subgrantee shall prepare and submit
to the Grantee the final reports and documents to close-out the Byrne Grant in accordance
with section 5.c. above and DCJS timeframes and procedures.
8. INDEMNIFICATION:
The Subgrantee agrees and binds itself and its successors and assigns to indemnify, keep and
hold the Grantee and its officers, employees, agents, volunteers and representatives free and
harmless from any liability on account of any injury or damage of any type to any person or
property growing out of or directly or indirectly resulting from any negligent or willful act or
omission of the Subgrantee including: (a) the performance under this Agreement; (b) the
Page 4 of 9 Pages
exercise of any right or privilege granted by or under this Agreement; or (c) the failure, refusal
or neglect of the Subgrantee to perform any duty imposed upon or assumed by the Subgrantee
by or under this Agreement. In the event that any suit or proceeding shall be brought against
the Grantee or any of its officers, employees, agents, volunteers or representatives at law or in
equity, either independently or jointly with the Subgrantee on account of an alleged negligent
or willful act or omission by the Subgrantee, in whole or in part, the Subgrantee upon notice
given to it by the Grantee or any of its officers, employees, agents, volunteers or
representatives, will pay all costs of defending the Grantee or any of its officers, employees,
agents, volunteers or representatives in any such action or other proceeding. In the event of
any settlement or any final judgement being awarded against the Grantee or any of its officers,
employees, agents, volunteers or representatives, as a result of an alleged negligent or willful
act or omission by the Subgrantee, in whole or in part, either independently or jointly with the
Subgrantee then the Subgrantee will pay such settlement or judgement in full or will comply
with such decree, pay all costs and expenses of whatsoever nature and hold the Grantee or any
of its officers, employees, agents, volunteers or representatives harmless therefrom.
9. EQUAL EMPLOYMENT OPPORTUNITY:
Non-Discrimination: During the performance of this Agreement, the Subgrantee agrees as
follows:
The Subgrantee will not discriminate against any employee or applicant for employment
because of race, religion, color, sex, national origin, age, disability, or any other basis
prohibited by state law relating to discrimination in employment, except where there is a
bona fide occupational qualification reasonably necessary to the normal operation of the
Subgrantee. The Subgrantee agrees to post in conspicuous places, available to employees
and applicants for employment, notices setting forth the provisions of this
nondiscrimination clause.
b. The Subgrantee, in all solicitations or advertisements for employees placed by or on behalf
of the Subgrantee, will state that such Subgrantee is an equal opportunity employer.
Notices, advertisement and solicitations placed in accordance with federal law, role or
regulation shall be deemed sufficient for the purpose of meeting the requirements of this
section.
The Subgrantee will include the provisions of the foregoing subsections (a), (b) and (c) in
every contract or purchase order of over ten thousand dollars and no cents ($10,000.00) so
that the provisions will be binding upon each contractor or vendor.
10. DRUG-FREE WORKPLACE:
The Subgrantee will: (i) provide a drug-free workplace for the Subgrantee's employees; (ii)
post in conspicuous places, available to employees and applicants for employment, a statement
notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession,
or use of a controlled substance or marijuana is prohibited in the Subgrantee's workplace and
specifying the actions that will be taken against employees for violations of such prohibition;
Page 5 of 9 Pages
(iii) state in ail solicitations or advertisements for employees placed by or on behaif of the
Subgrantee that the Subgrantee maintains a drag-free workplace; and (iv) include the
provisions of the foregoing clauses in every subcontract or purchase order of over ten thousand
dollars and no cents ($10,000.00), so that the provisions will be binding upon each
subcontractor or vendor. For the purposes of this subsection, "drug-free workplace" means a
site for the performance of work done in connection with this contract.
11. FAITH-BASED ORGANIZATIONS:
Pursuant to §2.2-4343.1 of the Code of Virginia (1950), as amended, the City of Roanoke does
not discriminate against faith-based organizations.
12. CONFLICT OF INTEREST:
No employee, agent, consultant, officer or appointed official of the Subgrantee, who is in a
position to participate in a decision-making process or gain inside information with regard to
any activity under this Agreement, may obtain a personal or financial interest in any contract,
subcontract or agreement with respect thereto, or in the proceeds thereunder, either for
themselves, their family or business associates, during their tenure or for one (1) year
thereafter.
13. SUSPENSION AND TERMINATION:
In the event the Subgrantee materially fails to comply with any term or condition of the
Agreement, or the Byrne Grant application or award, the Grantee may suspend or terminate, in
whole or in part, this Agreement or take such other remedial action as it deems appropriate.
Byrne Grant funds to be made available by the Grantee under this Agreement are contingent
upon the award by DCJS. In the event that DCJS should rescind or otherwise withdraw grant
funds, at the sole discretion of the Grantee, this Agreement may be terminated in whole or in
part.
14. THIRD-PARTY CONTRACTS:
The Grantee shall not be obligated or liable hereunder to any party other than the Subgrantee.
Further, notwithstanding its designation of any third party or parties for the undertaking of ail
or any part of the program with respect to which assistance is being provided, the Subgrantee
shail remain fully obligated under the provisions of this Agreement. Any third party shall
comply with all applicable requirements of this Agreement.
15. ENTIRE AGREEMENT:
This Agreement, including all of its Exhibits, represents the entire agreement between the
parties and this Agreement shall not be modified, amended, altered or changed, except as set
forth in section 16 below.
Page 6 of 9 Pages
16. AMENDMENTS:
This Agreement, including any attachments, may be amended only through the mutual written
consent of the parties hereto, subject to the terms and conditions of the DCJS Byrne Grant
award to the Grantee. The Grantee may, however, without consultation with or the consent of
the Subgrantee, execute such administrative amendments to this Agreement as may be
necessary to comply with requirements imposed by DCJS.
17. INDEPENDENT CONTRACTOR:
Services under this Agreement shall be performed on an independent contractor basis and
under no circumstances shall this Agreement be construed as establishing an
employee/employer relationship. The Subgrantee shall be completely responsible for its
activities in performing services hereunder
18. GOVERNING LAW AND VENUE:
By virtue of entering into this Agreement, the Subgrantee submits itself to a court of competent
jurisdiction in the City of Roanoke, Virginia, and further agrees that this Agreement is
controlled by the laws of the Commonwealth of Virginia and that all claims, disputes, and
other matters shall only be decided by such court according to the laws of the Commonwealth
of Virginia.
19. NOTICES:
All notices, waivers, demands, requests or other communications required or permitted
hereunder shall, unless otherwise expressly provided, be in writing and be deemed to have been
properly given, served and received (i) if delivered by messenger, when delivered, (ii) if
mailed, on the third business day after deposit in the United States, certified or registered,
postage prepaid, return receipt requested, or (iii) if delivered by reputable overnight express
courier, freight prepaid, the next business day after delivery to such courier; in every case
addressed to the party to be notified as follows:
The Grantee:
Darlene L. Burcham, City Manager, City of Roanoke, Virginia,
215 Church Avenue, SW, Room 364, Roanoke, VA 24011
A copy of all such notices shall be provided to the Grantee's
Project Manager, Glenn D. Radcliffe, Director of Human Services
and Social Services, City of Roanoke, Virginia, 215 Church
Avenue, SW, Room 307, Roanoke, VA 24011, or his designee.
The Subgrantee: Cynthia A. Martin, Executive Director, Virginia CARES, 145
Campbell Avenue, SW, Suite 555, Roanoke, Virginia 24011
Rejection or refusal to accept, or inability to deliver because of changed address or because no
notice of changed address was given, shall be deemed receipt.
Page 7 of 9 Pages
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year
hereinabove written:
ATTEST:
FOR THE GRANTEE:
By By_
Mary F. Parker, City Clerk
Darlene L. Burcham, City Manager
ATTEST:
FOR THE SUBGRANTEE:
By By_
Cynthia Martin, Executive Director
APPROVED AS TO FORM
APPROPRIATION AND FUNDS REQUIRED
FOR THIS CONTRACT CERTIFIED
Assistant City Attorney
Director of Finance
Date
Acct. No. 035-xxx-xxxx-xxxx $331,102
APPROVED AS TO EXECUTION
Assistant City Attorney
Page 8 of 9 Pages
Attachment A
(Monthly Report Format)
Page 9 of 9 Pages
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
January 28, 2003
File #60-188-236
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 36200-012103 authorizing acceptance of a grant of
funds, in the amount of $22,692.00, from the State and Local Ali-Hazards Emergency
Operations Planning Grant Program, offered through the Federal Emergency Management
Agency, and authorizing execution of any required documentation on behalf of the City.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Tuesday, January 21,2003.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Attachment
pc:
Jesse A. Hall, Director of Finance
Rolanda A. Russell, Assistant City Manager for Community Development
Wanda B. Reed, Coordinator, Emergency Management
,~t, H:~Agenda.03~January 21, 2003 correspondence.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 215t day of January, 2003.
Iqo. 36200-012103.
A RESOLUTION authorizing the acceptance of a grant of funds from the
State and Local All-Hazards Emergency Operations Planning Grant Program
offered through the Federal Emergency Management Agency (FEMA), and
authorizing execution of any required documentation on behalf of the City.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The City Manager is hereby authorized on behalf of the City to accept
from the Federal Emergency Management Agency a grant in the amount of
. $22,692.00, such grant being more particularly described in the letter of the City
Manager, dated January 21, 2003, upon all terms, provisions and conditions
relating to the receipt of such funds.
2. The City Manager is hereby authorized to execute, on behalf of the
City, any documentation required in connection with the acceptance of such grant
and to furnish such additional information as may be required by the Federal
Emergency Management Agency.
ATTEST:
H:\M EAS U RES\r-femAALLHAZARDSG RANT.doc
City Clerk
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
January 28, 2003
File #60-188-236
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
I am attaching copy of Ordinance No. 36199-012103 amending and reordaining certain
sections of the 2002-03 Grant Fund Appropriations, providing for appropriation of
$22,692.00, in connection with acceptance of a grant from the State and Local Ali-Hazards
Emergency Operations Planning Grant Program, offered through the Federal Emergency
Management Agency; and dispensing with the second reading by title of this ordinance.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Tuesday, January 21, 2003, and is in full force and
effect upon its passage.
Sincerely,
MFP:mh
Mary F. Parker, CMC
City Clerk
Attachment
pc:
Darlene L. Burcham, City Manager
Rolanda A. Russell, Assistant City Manager for Community Development
Wanda B. Reed, Coordinator, Emergency Management
Barry L. Key, Director, Office~,of Management and Budget
H:~Agenda.03kJanuary 21, 2003 correspondence.wp:,
IN THE COUNCIL Of THE CITY OF ROANOKE, VIRGINIA
The 21st day of January, 2003.
No. 36199-012103~
AN ORDINANCE to amend and reordain certain sections of the 2002-2003 Grant
Fund Appropriations, and dispensing with the second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain sections of
the 2002-2003 Grant Fund Appropriations be, and the same are hereby, amended and
reordained to read as follows, in part:
Appropriations
General Government $ 22,692
FEMA 03-04 (1) .......................................................................................... 22,692
Revenues
General Govemment $ 22,692
FEMA 03-04 (2) ......................................................................................... 22,692
1) FEMA 03-04 (035-660-9640-5392) $ 22,692
2) FEMA 03-04 (035-660-9640-3416) 22,692
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, $.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
January 21,2003
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Vice Mayor
Honorable William D. Bestpitch, Council Member
Honorable William H. Carder, Council Member
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject: FEMA Grant
Background:
The Federal Emergency Management Agency has awarded the City of Roanoke
a grant in the amount of $22,692 through the State and Local Ali-Hazards
Emergency Operations Planning Grant Program.
This funding, which will be available by mid-January, must be used to ensure
comprehensive plans that address preparation for, and response to, all threats
including terrorist attacks. Funds will be used to enhance ongoing emergency
operations planning programs, development of strategies for overall local
preparedness, training and exercising of plans.
Considerations:
This 100% federal grant is based on $5,000 per locality plus $.18 per capita.
Funds must be spent by December 12, 2003.
The City of Roanoke must agree to complete specific activities designed to
improve operational effectiveness. These activities were expressly developed for
each jurisdiction based on current levels of preparedness. They include regional
planning, mutual aid, training, and exemises. It also involves assessing current
capabilities, developing a plan to enhance community readiness and identifying
the use of future federal funds.
City Council action is needed to formally accept and appropriate funds in the
Grant Fund in accordance with provisions of this program.
Recommended Action:
Authorize the City Manager to execute the grant agreement and appropriate
funding in the amount of $22,692 with a corresponding revenue estimate in the
Grant Fund.
Respectfully sub...rr~d,
Darlene L. Bu~c-'fi~m
City Manager
DLB:WBR:de
C:
Mary F. Parker, City Clerk
William M. Hackwodh, City Attorney
Jesse A. Hall, Director of Finance
Rolanda B. Russell, Assistant City Manager for Community Development
Wanda B. Reed, Coordinator of Emergency Management
CMO3-00004
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
January 28, 2003
File #2-27-60-468
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 36202-012103 providing for acquisition of property
rights needed by the City for construction of the Roanoke Water Pollution Control Plant
Wet Weather Project; authorizing the City Manager to fix a certain limit on the
consideration to be offered by the City; providing for the City's acquisition of such property
rights by condemnation, under certain circumstances; authorizing the City to make motion
for the award of a right of entry on any of the parcels for the purpose of commencing the
project; and dispensing with the second reading by title of this ordinance.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Tuesday, January 21, 2003, and is in full force and
effect upon its passage.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Attachment
pc: Jesse A. Hall, Director of Finance
Michael T. McEvoy, Director~. Department of Utilities
S. Scott Shirley, Manage~T Wastewater Division
H:~Agenda.03\January 21,2003 correspondence.wu:
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21st day of January, 2003.
No. 36202-012103.
AN ORDINANCE providing for the acquisition of property rights needed by the City
for the construction of the Roanoke Water Pollution Control Plant ("WPCP") Wet Weather
Project; authorizing the City Manager to fix a certain limit on the consideration to be offered
by the City; providing for the City's acquisition of such property rights by condemnation,
under certain circumstances; authorizing the City to make motion for the award ora right of
entry on any of the parcels for the purpose of commencing the project; and dispensing with
the second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. For the construction of the Roanoke Water Pollution Control Plant ("WPCP")
Wet Weather Project, the City wants and needs all property rights, as more specifically set
forth in the report and attachments thereto, upon the terms and conditions set forth in the City
Manager's letter to this Council dated January 21, 2003. The proper City officials are
authorized to acquire for the City from the respective owners all property rights, for such
consideration as the City Manager may deem appropriate, subject to the limitation set out
below and subject to applicable statutory guidelines. All requisite documents shall be upon
form approved by the City Attorney.
2. The City Manager is directed to offer on behalf of the City to the owners of
each of the aforesaid parcels, such consideration as she deems appropriate for the necessary
interests, provided, however, the total consideration offered or expended shall not exceed
$1,000,052.00 without further authorization of Council. Upon the acceptance of any offer
and upon delivery to the City of a deed, approved as to form and execution by the City
Attorney, the Director of Finance is directed to pay the respective consideration to the owners
of the interest conveyed, certified by the City Attorney to be entitled to the same.
3. Should the City be unable to agree with the owner of any real estate regarding
the fair market value for the purchase of any real estate in fee simple which is required or
should any owner be a person under a disability and lacking capacity to convey real estate or
should the whereabouts of the owner be unknown, the City Attorney is authorized and
directed to institute condemnation or legal proceedings to acquire for the City the appropriate
property rights.
4. In instituting or conducting any condemnation proceeding, the City Attorney is
authorized to make motion on behalf of the City for entry of an order, pursuant to §2%46.8,
Code of Virginia (1950), as amended, granting to the City a right of entry for the purpose of
commencing the project. The Director of Finance, upon request of the City Attorney, shall
be authorized and directed to drawn and pay into court the sums offered to the respective
owners.
5.
Pursuant to §12 of the City Charter, the second reading of this ordinance by
title is hereby dispensed with.
ATTEST:
City Clerk.
Office of the City clerk
Mary F. Parker, CMC
City Clerk
January 28, 2003
File #2-27-60-468
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
I am attaching copy of Ordinance No. 36201-012103 amending and reordaining certain
sections of the 2002-03 Water Pollution Control Projects Fund Appropriations, providing
for appropriation of funds in connection with property rights acquisition for the Roanoke
Water Pollution Control Plant Wet Weather Project; and dispensing with the second
reading by title of this ordinance.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Tuesday, January 21, 2003, and is in full force and
effect upon its passage.
MFP:mh
Attachment
pc:
Sincerely,
Mary F. Parker, CMC
· City Clerk
Dadene L. Burcham, City Manager
Michael T. McEvoy, Director, Department of Utilities
S. Scott Shirley, Manager, Wastewater Division
Barry L. Key, Director, Office of Management and Budget
~,t~ . H:~Agenda.03\January 21, 2003 correspondence.wp
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 21st day of January, 2003.
No. 36201-012103.
AN ORDINANCE to amend and reordain certain sections of the 2002-2003 Water
Pollution Control Fund Appropriations, and dispensing with the second reading by title of
this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain sections of
the 2002-2003 Water Pollution Control Fund Appropriations be, and the same are hereby,
amended and reordained to read as follows, in part:
Appropriations
Capital Outlay $ 27,718,074
WPCP - Property Acquisition for Wet Weather Improvements (1-2) ....... 1,000,052
Revenues
Due from Other Governments (3-6) .......................................................... $
Retained Earnings
Retained Earnings - Available for Appropriation (7) .................................. $
1) Appropriated from Other
Governments
2) Appropriated from
General Revenue
3) Due from City of Salem
4) Due from County of
Roanoke
5) Due from Botetourt
County
6) Due from Town of Vinton
7) Retained Earnings-
Available for Appropriation
(003-510-8362-8999) $ 542,929
(003-510-8362-9003) 457,123
(003-1071) 184,210
(003-1072) 245,213
(003-1073) 64,703
(003-1074) 48,803
(003-3348) (457,123)
2,393,669
3,958,680
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, $.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 8532333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
3anuary 21,2003
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Vice Mayor
Honorable William D. Bestpitch, Council Member
Honorable William H. Carder, Council Member
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject:
Property Rights Acquisition
for Roanoke Water Pollution
Control Plant (WPCP) Wet
Weather Project
The Roanoke WPCP Wet Weather Project approved earlier this year by Council is
approaching the 65% design phase. Based upon comments received from both
the Virginia Department of Health and the Department of Environmental Quality,
and the recommendations of our contract Engineers critical elements of the project
will require that adjacent parcels be purchased in order to obtain a functional
design. The design of the project is sufficiently complete to identify the property
acquisitions necessary for construction.
Authorization is needed to move forward with procurement of title work, appraisals,
and document preparation related to acquisition of the necessary property rights.
See Attachment 1 for a list of properties affected.
The projected cost for acquisition of the necessary property rights is approximately
$1,000,052. This cost cannot be included within the anticipated financing
mechanism for the project. In light of this restriction, it will be necessary to fund
these purchases from WPC Retained Earnings.
Recommended Action:
Authorize the City Manager and City Attorney to take all steps necessary to acquire
all property rights as shown on the attached list. Said property rights may be
acquired by negotiation or eminent domain, and may include fee simple, permanent
easements, permanent access easements, temporary construction easements,
The Honorable Mayor and Members of Council
Property Rights Acquisition for Roanoke Water Pollution Control Plant (WPCP) Wet
Weather Project
January 21,2003
Page 2
rights of way, licenses or permits, etc., subject to a satisfactory environmental site
inspection.
Appropriate funding totaling $1,000,052 to the WPC Wet Weather project account
no. 003-510-8362 as follows: $457,124 from WPC Retained Earnings and
establish an accounts receivable for shared expenses of the property acquisition
costs to be funded with the other jurisdictional partners.
~t.fully submitted,
Darlene L. Burcham
City Manager
DLB:mtm:sss
Attachments
C:
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Michael T. McEvoy, Director of Utilities
S. Scott Shirley, Wastewater Division Manager
CM03-00003
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
January 28, 2003
File #60-236-354
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 36204-012103 authorizing acceptance of the Office
of Emergency Medical Services Consolidated Grant made by the Virginia Department of
Health, Office of Emergency Medical Services, in the amount of $42,000.00, and
authorizing execution and filing by the City Manager of conditions of the grant and other
grant documents.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Tuesday, January 21, 2003.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Attachment
pc:
Jesse A. Hall, Director of Finance
George C. Snead, Jr., Assistant City Manager for Operations
James Grigsby, Chief, Department of Fire/EMS
~, H:~Agenda.03~January 21, 2003 correspondence.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21st day of January, 2003.
No. 36204-012103.
A RESOLUTION authorizing the acceptance of the Office of Emergency Medical
Services (OEMS) Consolidated Grant made to the City of Roanoke by the Virginia Department
of Health, Office of Emergency Medical Services and authorizing the execution and filing by the
City Manager of the conditions of the grant and other grant documents.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The City of Roanoke hereby accepts the offer made by the Virginia Department
of Health, Office of Emergency Medical Services of the Consolidated Grant in the amount of
$42,000.00.
2. The City Manager or the Assistant City Manager for Operations is hereby
authorized to accept, execute and file on behalf of the City any documents setting forth the
conditions of Virginia Department of Health, Office of Emergency Medical Services
Consolidated Grant.
3. The City Manager or the Assistant City Manager for Operations is further directed to
furnish such additional information as may be required by the Virginia Department of Health,
Office of Emergency Medical Services in connection with the City's acceptance of the foregoing
grant or with such project.
ATTEST:
City Clerk
H:IMe~muSl~OEMS (3r~nt 2003.doc
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
January 28, 2003
File #60-236-354
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
I am attaching copy of Ordinance No. 36203-012103 amending and reordaining certain
sections of the 2002-03 General and Grant Funds Appropriations, providing for
appropriation of $42,000.00, in connection with an Office of Emergency Medical Services
Consolidated Grant from the Virginia Department of Health, Office of Emergency Medical
Services; and dispensing with the second reading by title of this ordinance.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Tuesday, January 21, 2003, and is in full force and
effect upon its passage.
MFP:mh
Attachment
Sincerely,
Mary F. Parker, CMC
City Clerk
pc:
Darlene L. Burcham, City Manager
George C. Snead, Jr., Assistant City Manager for Operations
James Grigsby, Chief, Department of Fire/EMS
Barry L. Key, Director, Office.of. Management and Budget
~ ~i: _ H:~Agenda.03~January 21, 2003 correspondence.wr J
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 21st day of January, 2003.
No. 36203-012103.
AN ORDINANCE to amend and reordain ce~ain sections of the 2002-2003
General and Grant Funds Appropriations, and dispensing with the second reading by title
of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain sections of
the 2002-2003 General and Grant Funds Appropriations be, and the same are hereby,
amended and reordained to read as follows, in part:
General Fund
Appropriations
Public Safety
Fire - Operations (1) ................................................................................
Emergency Medical Services (2) .............................................................
$ 46,474,221
11,739,103
2,130,702
Nondepartmental $ 74,979,052
Transfer to Other Funds (3) ..................................................................... 71,988,834
Grant Fund
Appropriations
Public Safety $ 2,663,797
OEMS Consolidated Grants Program FY03 (4) ..................................... 84,000
Revenues
Public Safety $ 2,663,797
OEMS Consolidated Grants Program FY03 (5-6) .................................. 84,000
1) CMERP- Equipment
Pumhases
2) Maintenance Contracts
3) Transfer to Grant Fund
4) Expendable Equipment
< $5,000
5) State Grant Receipts
6) Local Match
(001-520-3213-9132) $ (38,580)
(001-520-3521-2005) (3,420)
(001-520-9310-9535) 42,000
(035-520-3350-2035) 84,000
(035-520-3350-3350) 42,000
(035-520-3350-3351) 42,000
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
CITY OF ROANOKE
OFFICE OF THE C1TY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (5~0) 853-1138
CityWeb: www.roanokegov.com
January 21,2003
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Vice Mayor
Honorable William D. Bestpitch, Council Member
Honorable William H. Carder, Council Member
Honorable Dr. M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject:
OEMS Consolidated Grants
Program
Background:
The Virginia Department of Health, Office of Emergency Medical Services has a
Consolidated Grants Program that is administered twice annually. Roanoke Fire-
EMS applied for this grant in order to furnish front-line ambulances with seven Zoll
M-Series Defibrillators.
In January 2003, the State Office of Emergency Medical Services awarded
Roanoke Fire-EMS a grant of $42,000 for this project, requiring a $42,000 local
match. Sufficient matching funding for this grant was appropriated through
CMERP in the fall 2002 and is available in account 001-520-3213-9132 and 001-
520-3521-2005.
Considerations:
City Council action is needed to formally accept and appropriate these funds, and
to authorize the Director of Finance to establish revenue 'estimates and
appropriation accounts to purchase the equipment and supplies in accordance
with provisions of this grant.
0
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off'-.
0
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
January 28, 2003
File #5-60-76-166
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
I am attaching copy of Ordinance No. 36205-012103 amending and reordaining certain
sections of the 2002-03 Grant Fund Appropriations, providing for appropriation of
$75,950.00, in connection with State Asset Sharing of seized and forfeited property
connected with illegal narcotics distribution; and dispensing with the second reading bytitle
of this ordinance.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Tuesday, January 21, 2003, and is in full force and
effect upon its passage.
Mary F. Parker, CMC
City Clerk
MFP:mh
Attachment
pc:
Darlene L. Burcham, City Manager
Rolanda A. Russell, Assistant City Manager for Community Development
A. L. Gaskins, Chief of Police
Barry L. Key, Director, Office of Management and Budget
H:~Agenda.03~January 21, 2003 correspondence.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 21st day of January, 2003.
No. 36205-012103.
AN ORDINANCE to amend and reordain certain sections of the 2002-2003 Grant
Fund Appropriations, and dispensing with the second reading by title of this ordinance.
BE IT ORDAI NED by the Council of the City of Roanoke that certain sections of
the 2002-2003 Grant Fund Appropriations be, and the same are hereby, amended and
reordained to read as follows, in part:
Appropriations
Public Safety $ 2,528,545
State Asset Forfeiture (1) ........................................................................ 294,968
Revenues
Public Safety $ 2,528,545
State Asset Forfeiture (2-3) ..................................................................... 294,968
1) Overtime Wages
2) State Asset Forfeiture
Proceeds
3) Interest
(035-640-3302-1003) $ 75,950
(035-640-3302-3300) 73,790
(035-640-3302-3299) 2,160
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
3anuary 2t, 2003
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Vice Mayor
Honorable William D. Bestpitch, Council Member
Honorable William H. Carder, Council Member
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject: State Asset Sharing
Background:
In 1991, Virginia General Assembly passed State legislation allowing local law
enforcement to seize and have forfeited property connected with illegal narcotics
distribution. The law also makes it possible for police departments to receive proceeds
from these forfeited properties. Application for an equitable share of the property seized
by local law enforcement must be made to the Department of Criminal Justice Services,
Forfeited Asset Sharing Program and certified by the Chief of Police. Property,
including funds shared with State and local agencies, may be used only for law
enforcement purposes. Program requirements include that these funds be placed in an
interest bearing account and the interest earned be used in accordance with program
guidelines.
Revenues totaling $75,950 have been collected and are available for appropriation in
Grant Fund account numbers 035-640-3302-3300 and 035-640-3302-3299.
The Honorable Mayor and Members of Council
January 21,2003
Page 2
Recommended Action:
Appropriate $75,950 to the Grant Fund account for Overtime Wages (035-640-3302-
1003) and increase the Grant Fund revenue estimate for account 035-640-3302-3300
by $73,790 and 035-640-3302-3299 by $2,160.
DLB~p
C:
Respectfully submitted,
City Manager
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse Hall, Director of Finance
Rolanda Russell, Assistant City Manager
A. L. Gaskins, Chief of Police
CM03-0001
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
January 28, 2003
File #5-60-76-166
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
I am attaching copy of Ordinance No. 36206-012103 amending and reordaining certain
sections of the 2002-03 Grant Fund Appropriations, providing for appropriation of
$13,877.00, in connection with Sharing Federally Forfeited Property; and dispensing with
the second reading by title of this ordinance.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Tuesday, January 21, 2003, and is in full force and
effect upon its passage.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Attachment
pc:
Darlene L. Burnham, City Manager
Rolanda A. Russell, Assistant City Manager for Community Development
A. L. Gaskins, Chief of Police
Barry L. Key, Director, Office of Management and Budget
, ~,~ H:~Agenda.03\January 21, 2003 correspondence.wpc
iN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 21st day of January, 2003.
No. 36206-012103.
AN ORDINANCE to amend and reordain certain sections of the 2002-2003 Grant
Fund Appropriations, and dispensing with the second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain sections of
the 2002-2003 Grant Fund Appropriations be, and the same are hereby, amended and
reordained to read as follows, in part:
Appropriations
Public Safety $ 2,466,472
Federal Asset Forfeiture (1) ................................................................... 359,757
Revenues
Public Safety $ 2,466,472
Federal Asset Forfeiture (2-3) ................................................................ 359,757
1) Investigations and Rewards
2) Federal Asset Forfeiture
Proceeds
3) Interest
(035-640-3304-2150) $ 13,877
(035-640-3304-3305) 13,596
(035-640-3304-3306) 281
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
January 21,2003
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Vice Mayor
Honorable William D. Bestpitch, Council Member
Honorable William H. Carder, Council Member
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject: Sharing Federally Forfeited Property
Background:
In 1986, Congress authorized the transfer of certain federally forfeited property to state
and local law enforcement agencies that participated in the investigation and seizure of
the property. Application for an equitable share of property seized by local law
enforcement must be made to the U. S. Department of Justice and certified by the City
Attorney. This property, including funds shared with state and local agencies, may be
used only for the purpose stated in the application, i.e., namotics investigations related
to law enforcement.
Participation in federally forfeited property enhances the effectiveness of narcotics
investigations by providing necessary investigations equipment, investigative funds,
and it offsets the costs that would otherwise have to be borne by the city's taxpayers.
The Police Department receives funds periodically from the federal government's asset
sharing program. Grant requirements state that these funds be placed in an interest
bearing account and the interest earned be used in accordance with program
guidelines.
Revenues totaling $13,877 have been collected and are available for appropriation in
Grant Fund accounts 035-640-3304-3305 and 035-640-3304-3306.
The Honorable Mayor and Members of Council
January 21,2003
Page 2
Recommended Action:
Appropriate $13,877 to the Grant Fund account for Investigations & Rewards (035-640-
3304-2150) and increase the Grant Fund revenue estimate for account 035-640-3304-
3305 by $13,596 and account 035-640-3304-3306 by $281.
DLB/tp
CC:
Respectfully submitted,
Darlene L. Buf-c=~am
City Manager
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Rolanda Russell, Assistant City Manager
A. L. Gaskins, Chief of Police
CM03-0002
CIT.Y.. OF RO_..ANOKE
Off~ce of the C~ty Clerk
Mary F. Parker, CMC
City Clerk
January 28, 2003
File #67-236
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 36207-012103 authorizing the City Manager to apply
to the Virginia Department of Conservation and Recreation for a Virginia Recreational
Trails Fund Grant, in an 80/20 reimbursable grant, to enable the City to, among other
things, rehabilitate an eight-mile section of the over 40 mile Carvins Cove trail system, in
an overall grant amount not to exceed $80,000.00.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Tuesday, January 21,2003.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Attachment
pc:
Jesse A. Hall, Director of Finance
Rolanda A. Russell, Assistant City Manager for Community Development
Steven C. Buschor, Director, Parks and Recreation
Michael T. McEvoy, Director, Department of Utilities
Jesse H. Perdue, Jr., Manager, Water Division
~+,¢tt H:~Agenda.03~January 21, 2003 correspondence,wp
1N THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21st day of January, 2003.
No. 36207-012103.
A RESOLUTION authorizing the City Manager to apply for a grant for a
Virginia Recreational Trails Fund Program administered through the Virginia
Department of Conservation and Recreation.
BE IT RESOLVED by the Council of the City of Roanoke that the City
Manager be and is hereby authorized to sign on behalf of the City an application
to the Virginia Department of Conservation and Recreation for a Virginia
Recreational Trails Fund Grant, in an 80/20 reimbursable grant, to enable the City
to, among other things, rehabilitate an eight-mile section of the over forty mile
Carvins Cove trail system, in an overall grant amount not to exceed $80,000.00.
ATTEST:
City Clerk.
, . I:\ClerkXJanuary 21~r. VARecreationalTrailsFund012103-doc
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, $.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
January 21,2003
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Vice Mayor
Honorable William D. Bestpitch, Council Member
Honorable William H. Carder, Council Member
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject:
Virginia Recreational Trails
Fund Grant
Background:
The Virginia Recreational Trails Fund Program is an "80/20" reimbursable grant
program established for the purposes of providing and maintaining recreational
trails and trail-related facilities. Funded through the Transportation Equity Act for
the 21St Century (TEA-21), this program allocates funds to States for recreational
trails and trail-related projects. The state agency responsible for administering
the program is the Virginia Department of Conservation and Recreation.
Considerations:
As defined within the Carvins Cove Land Use Plan, the City concluded that
"careful design of proposed enhancements and trail locations should be
considered to preserve the existing wilderness environment of Carvins Cove." To
accomplish these sustainable enhancements, the plan further illustrates the need
for both an inventory and assessment of the overall trail's system. If funded, this
grant opportunity would enable the City to create an accurate trails catalog via
GPS data collection, to rehabilitate an eight-mile section of the 40+ mile trail
system to a sustainable level, and install wayfinding signage.
Honorable Mayorand Members of Council
January 21,2003
Page 2
To attain the City's matching twenty percent (20%) component of the $80,000,
the Departments of Utilities and Parks and Recreation are combining their
resources via collected Cove user fees and in-kind volunteer trail labor to match
the federal portion of the program.
There is significant community in-kind support for this initiative in the forms of
trails signage donations from East Coasters Cycle and Fitness; trail assessment
management from the Appalachian Trails Conference; and site maintenance
work through both the Valley Shared Trails network (VAST) and Roanoke
Valley's Pathfinders for Greenways.
Recommended Action:
Authorize the City Manager to submit a grant proposal to the Virginia Department
of Conservation and Recreation pertinent to the described improvements to the
Carvins Cove trail system in an overall grant amount not to exceed $80,000.00.
Respectfully submitted,
Darlene/. Bu.'ham
City Manager
DLB:kaj
C:
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Rolanda Russell, Assistant City Manager for Community Development
Steven C. Buschor, Director of Parks and Recreation
Michael T. McEvoy, Director of Utilities
Jesse H. Perdue, Jr., Manager, Water Department
#CM03-00012
CITy.. OF ROANOKE
Off~ce of the City Clerk
Mary F. Parker, CMC
City Clerk
January 28, 2003
File #60-336-450
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
I am attaching copy of Ordinance No. 36208-012103 amending and reordaining certain
sections of the 2002-03 Capital Projects Fund Appropriations, providing for transfer of
$300,000.00, in connection with development of a marketing identity for use by the City of
Roanoke and Roanoke County; and dispensing with the second reading by title of this
ordinance.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Tuesday, January 21, 2003, and is in full force and
effect upon its passage.
Mary F. Parker, CMC
City Clerk
MFP:mh
Attachment
pc:
Dadene L. Burcham, City Manager
Jeffrey H. Powell, Director, General Services
Robert H. Bird, Acting Manager, Purchasing
Barry L. Key, Director, Office'of Management and Budget
¢~. H:~Agenda.03\January 21,2003 correspondence.wp
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 21st day of January, 2003.
No. 36208-012103.
AN ORDINANCE to amend and reordain certain sections of the 2002-2003
Capital Projects Fund Appropriations, and dispensing with the second reading by title of
this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain sections of
the 2002-2003 Capital Projects Fund Appropriations be, and the same are hereby,
amended and reordained to read as follows, in part:
Appropriations
Economic Development
Marketing Identity {1) ..............................................................................
Capital Improvement Reserve
Capital Improvement Reserve (2) ............................. '. .............................
$ 25,195,051
300,000
$ 5,879,440
579,593
1) Appropriated from
General Revenue
2) Economic Development
(008-310-9798-9003)
(008-052-9575-9178)
$ 300,000
(300,000)
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
January 21,2003
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Vice Mayor
Honorable William D. Bestpitch, Council Member
Honorable William H. Carder, Council Member
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject:
Appropriation of Funds for
the Development of a
Marketing Identity
Background:
In early 2002, at the request of City Council, the city began the process of
establishing a Roanoke marketing identity, or brand, to help spur regional
economic development and tourism. The city surveyed the scope, cost and
effectiveness of branding services procured by a number of localities in Virginia
and elsewhere. A Request for Proposals was developed in partnership with
Roanoke County, was advertised, and was mailed to approximately 25 local,
regional, national, and international firms with branding experience. On February
15, 2002, nine proposals were received.
A regional team consisting of economic development, tourism and marketing
professionals (public, private and non-profit) reviewed the bids, interviewed
finalists, and identified the top candidate as the San Francisco-based Landor
Associates, reportedly the largest and oldest branding firm in the world. Landor
has branded such well known entities as Florida, Hong Kong, FedEx, Microsoft
Windows, Alamo Rent-a-Car, BP, the New York Stock Exchange and KFC.
The identity development process will take approximately four months and will
consist of the following activities:
· discovery: exploring existing research and views and determining
competitive strengths through a series of management and stakeholder
interviews and through other research
· vision development: determining our strategic vision, position and goals
through an equity modeling workshop, constituent assessments and other
research
· identity development: creating our brand identity through design, work
sessions, and presentations
· marketing plan development: determining key applications for and
extensions of the brand through the development of a marketing plan
· documentation: ensuring the consistency of the brand through the
development of guidelines and graphic requirements
Funding in the amount of $300,000 is needed for the project. Funding for the
project was designated in the Capital Maintenance and Equipment Replacement
Program approved by City Council in September 2002.
Considerations:
This work will focus specifically on the development of a "Roanoke" marketing
identity for use by the city of Roanoke and by Roanoke County, if so desired.
However, this identity will be developed with consideration to a regional
endorsement brand, to be developed under the guidance of the Roanoke Valley-
Alleghany Regional Commission's Regional Alliance.
Recommended Action:
Authorize the transfer $300,000 from account 008-052-9575-9178 to an account
to be established by the Director of Finance.
Respectfully submitted,
City Manager
DLB:cls
C:
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Robert H. Bird, Acting Manager, Purchasing Division
0M03-00011
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOIO',
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk~¢i.roanok¢.va.us
January 28, 2003
File #15-110-247
STEPHANIE M. MOON
Deputy City Clerk
SHE1LA N. HARTMAN
Assistant City Clerk
Dr. C. Clark Jones, Chair
Hotel Roanoke Conference Center Commission
Vice Provost for Outreach, Virginia Tach
331 Burruss Hall
Blacksburg, Virginia 24061
Dear Dr. Jones:
I am enclosing copy of Resolution No. 36209-012103 amending Resolution No. 30964-
041392, relating to appointment of Commissioners to the Hotel Roanoke Conference
Center Commission.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Tuesday, January 21, 2003.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Enclosure
pc:
William White, Sr., City Representative, Hotel Roanoke Conference Center
Commission, 3698 Partridge Lane, N. W., Roanoke, Virginia 24017
Deborah J. Moses, Executive Director, Hotei Roanoke Conference Center
Commission
Dadene L. Burcham, City Manager
Jesse A. Hall, Director of Finance
;4~- H:~Agenda.03\January 21, 2003 correspondence,wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 215t day of January, 2003.
No. 36209-012103.
A RESOLUTION amending Resolution No. 30964-041392, relating to the
appointment of Commissioners to the Hotel Roanoke Conference Center
Commission.
WHEREAS, the 1991 Session of the General Assembly enacted the Hotel
Roanoke Conference Center Commission Act, hereinafter referred to as the "Act,"
Chapter 440 of the 1991 Acts of Assembly;
WHEREAS, by Resolution No. 30963-041392, the City of Roanoke
declared that there was a need for a Conference Center Commission and that the
City and Virginia Polytechnic Institute and State University should unite in its
formation;
WHEREAS, pursuant to Section 5 of the Act, the governing body of the City
is to appoint Commissioners to the commission;
WHEREAS, by Resolution No. 30964-041392, this Council provided for the
appointment of its initial three Commissioners, subject to certain terms and
conditions; and
WHEREAS, Council wishes to express its intent as to who should represent
the City on the Commission.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
that for appointments on and after the date of this resolution, that it is Council's
intent in making such appointments to designate the Commissioners such that:
(2)
(2)
(3)
one member be a current member of City Council;
one member be either the City Manager or another City employee;
and
one member be a citizen at large.
ATTEST:
City Clerk.
H:kMEAS 'UKESkr-AMhrccccommissioners.doc
WILLIAM M. HACKWORTH
CITY ATTORNEY
CITY OF ROANOKE
OFFICE OF CITY ATTORNEY
464 MUNICIPAL BUILDING
215 CHURCH AVENUE, SW
ROANOKE, VIRGINIA 24011-1595
TELEPHONE: 540-853-243 I
FAX: 540-853-1221
January21,2003
ELIZABETH ICDILLON
STEVENJ. TALEV!
GARY E. TEGENKAMP
DAVID L. COLLINS
HEATHER P. FERGUSON
Honorable Mayor and Members
of City Council
Roanoke, Virginia
Re: Hotel Roanoke Conference Center Commission
Dear Mayor Smith and Members of Council:
As requested by Council, I have prepared the attached resolution which
would express Council's intent as to its appointments to membership on the Hotel
Roanoke Conference Center Commission.
With kindest personal regards, I am
WMH:f
Attachment
cc: Darlene L. Burcham, City Manager
Jesse A. Hall, Director of Finance
Sincerely yours,
William M. Hackworth
City Attorney
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011 - 1536
Telephone: (540) 853-2541
Fox: {540) 853-1145
E-mail: clerk@¢i.roanoke.va, us
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
January 21,2003
File ¢/:467
The Honorable Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mayor Smith and Members of Council:
Pursuant to Chapter 9, Education, Code of the City of Roanoke (1979), as amended,
establishing a procedure for the election of School Trustees, this is to advise you that the
terms of office of F. B. Webster Day, Marsha W. Ellison and Gloria P. Manns will expire on
June 30, 2003. Ms. Ellison is ineligible to serve another term inasmuch as she has served
three consecutive three year terms of office.
Pursuant to Section 9-16 of the Code of the City of Roanoke (1979), as amended, on or
before February 15 of each year, Council shall announce its intention to elect Trustees of
the Roanoke City School Board for terms commencing July 1 through (1) public
announcement of such intention at two consecutive regular sessions of the Council and (2)
advertisement of such intention in a newspaper of general circulation in the City twice a
week for two consecutive weeks.
N:/CKSMI/SCHOOL 03/NOTIFICATION LETTER ON VACANCIES DOC
The Honorable Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
January 21,2003
Page 2
Section 9-17 of the City Code provides that applications must be filed in the City Clerk's
Office by March 10 of each year. Application forms will be available in the City Clerk's
Office and may be obtained between the hours of 8:00 a.m., and 5:00 p.m., Monday
through Friday or applicants may complete the application online at the City of Roanoke's
web page www. roanokeqov.com. Information describing the duties and responsibilities of
School Trustees will be available.
With kindest regards, I am
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:sm
N:/CKSM I\SCHOOL.03\NOTIFICATION LETTER ON VACANCIES.DOC
CITY OF R iNOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
January 28, 2003
File #60-336-450
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
Jesse A. Hall
Director of Finance
IRoanoke, Virginia
Dear Mr. Hall:
I am attaching copy of Ordinance No. 36210-012103 amending and reordaining cer[ain
sections of the 2002-03 General and Risk Management Funds Appropriations, providing
for appropriation of $250,000.00, in connection with transfer of General Fund Balance
Reserve for self-insured liabilities; and dispensing with the second reading by title of this
ordinance.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Tuesday, January 21, 2003, and is in full force and
effect upon its passage.
Mary F. Parker, CMC
City Clerk
MFP:mh
Attachment
pc:
Darlene L. Burnham, City Manager
Kenneth S. Cronin, Director, Human Resources
Barry L. Key, Director, Office of Management and Budget
Glenn A. Asher, Risk Management Officer
James IR. Wells, Manager, Accounting Services
H:~Agenda.03~January 21, 2003 correspondence.wp~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 21st day of January, 2003.
No. 36210-012103.
AN ORDINANCE to amend and reordain certain sections of the 2002-2003
General and Risk Management Funds Appropriations and dispensing with the second
reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain sections of
the 2002-2003 General and Risk Management Funds Appropriations be, and the same are
hereby, amended and reordained to read as follows, in part:
General Fund
Appropriations
Nondepartmental
Transfers to Other Funds (1) ...................................................................
Fund Balance
Reserved Fund Balance
Reserve for Self-Insured Claims (2) ........................................................
Risk Management Fund
Revenues
Nonoperating $
Transfers from Other Funds (3) ...............................................................
Retained Earnings
Reserve for Self-Insured Claims (4) .......................................................... $
1) Transfer to Risk
Management Fund (001-250-9310-9529) $ 250,000
2) Reserve for
Self-Insured Claims (001-3327) (250,000)
$ 75,187,052
72,196,834
$ 1,352,031
465,000
250,000
5,310,118
3) Transfer from
General Fund (019-110-1234-1037) $ 250,000
4) Reserve for
Self-Insured Claims (019-3327) 250,000
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
JESSE A. HALL
Director of Finance
cmaik jesse_hall~ci roanoke.va.us
January 21, 2003
CITY OF ROANOKE
DEPARTMENT OF FINANCE
215 Church Avenue, S.W., Room 461
P.O. Box 1220
Roanoke, Virginia 24006-1220
Telephone: (540) 853-2821
Fax: (540) 853-6142
ANN H. SHAWVER
Deputy Director
email: ann .shaw~er~¢i roanoke va us
The Honorable Ralph K. Smith, Mayor
The Honorable C. Nelson Harris, Vice Mayor
The Honorable William D. Bestpitch, Council Member
The Honorable William H. Carder, Council Member
The Honorable M. Rupert Cutler, Council Member
The Honorable Alfred T. Dowe, Jr., Council Member
The Honorable Linda F. Wyatt, Council Member
Subject: Transfer of General Fund Balance Reserve for Self-Insured Liabilities
Dear Mayor Smith and Members of City Council:
Section 2-188.1 Reserve for self-insured liabilities, Code of the City of Roanoke (1979), as amended,
stipulates that, at the conclusion of each fiscal year, two hundred fifty thousand dollars ($250,000) to
the extent available from any undesignated General Fund balance at the end of such fiscal year, shall
be reserved for self-insured liabilities of the City. The maximum balance of the reserve is three
percent of total General Fund appropriations for the concluded fiscal year. As such, at June 30, 2002;
$250,000 was reserved in the General Fund for self-insured liabilities.
The attached budget ordinance appropriates the $250,000 reserved in the General Fund for self-
insured liabilities to be transferred to the Risk Management Fund where the remaining self-insured
reserve exists. The budget ordinance also establishes a revenue estimate in the Risk Management
Fund for this transfer, increasing the Reserve for Selfqnsured Liabilities.
We recommend your approval of this budget ordinance.
Sincerely,
Jesse A. Hall
Director of Finance
JAH/THT/pac
C;
Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Mary F. Parker, City Clerk
Kenneth S. Cronin, Director of Human Resources
Glenn A. Asher, Risk Manager
James R. Wells, Manager of Accounting Services
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
January 28, 2003
File #60-467
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
I am attaching copy of Ordinance No. 36211-012103 amending and reordaining certain
sections of the 2002-03 Capital Projects, School and School Capital Projects Funds
Appropriations, providing for appropriation of funds to various school accounts; and
dispensing with the second reading by title of this ordinance.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Tuesday, January 21, 2003, and is in full force and
effect upon its passage.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Attachment
pc;
Gloria P. Manns, Chair, Roanoke City School Board, 1727 Staunton Avenue, N. W.,
Roanoke, Virginia 24017
Darlene L, Burcham, City Manager
Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools
Cindy H. Lee, Clerk, Roanoke City School Board
Barry L. Key, Director, Office of Management and Budget
.?~,; HSAgenda.03~January 21, 2003 correspondence.we:
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 21st day of January, 2003.
No. 36211-012103.
AN ORDINANCE to amend and reordain certain sections of the 2002-2003
Capital Projects, School and School Capital Projects Funds Appropriations, and dispensing
with the second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain sections of
the 2002-2003 Capital Projects, School and School Capital Projects Funds Appropriations
be, and the same are hereby, amended and reordained to read as follows, in part:
Capital Projects Fund
Appropriations
Nondepartmental $ 1,995,000
Transfers to Other Funds (1) ................................................................... 1,995,000
Fund Balance
Fund Balance Available for Appropriation (2) .......................................... $ 313,826
School Fund
Appropriations
Education $136,322,880
Chess Program 2002-03 (3-4) ................................................................ 15,000
Homeless Assistance Program (5-8) ...................................................... 40,000
Western Virginia Regional Science Fair (9-14) ....................................... 8,250
Revenues
Education $134,379,503
Chess Program 2002-03 (15) .................................................................. 15,000
Homeless Assistance Program (16) ........................................................ 40,000
Western Virginia Regional Science Fair (17-18) ...................................... 8,250
School Capital Projects Fund
Appropriations
Education
Roanoke Academy Improvements (19-21) .............................................
Roanoke Academy Renovation (22) .......................................................
Public Improvement Bonds - Series 1999 (23) .......................................
Revenues
Intergovernmental
Roanoke Academy Literary Loan (24) .....................................................
Roanoke Academy QZAB (25) ................................................................
Miscellaneous
Transfer from Capital Projects Fund (26) ................................................
$ 21,167,418
11,804,450
1,291,618
356,271
13,217,967
5,000,000
1,291,618
$ 1,700,000
1,700,000
1) Transfer to School
Capital Projects Fund
2) Fund Balance Available
for Appropriation
3) Tournament Fees
4) Tournament Attendance
5) Instructor
6) Social Security
7) Retirement
8) Health Insurance
9) Contracted Services
10) Travel Expenses
11) Membership Fees
12) Instructional Supplies
13) Security Guards
14) Social Security
15) Donations
16) Federal Grant
Receipts
17) Local Match
18) Fees
19) Appropriated from
Series 1999 Bond Issue
20) Appropriated from
General Revenue
21) Appropriated from
Literary LoanNPSA
Bond Funds
(008-530-9712-9531) $ 700,000
008-3349)
030-062-6611-6102-0332
030-062-6611-6102-0554
030-062-6842-6100-0121
030-062-6842-6100-0201
030-062-6842-6100-0202
030-062-6842-6100-0204
030-062-6849-6311-0313
030-062-6849-6311-0554
030-062-6849-6311-0581
030-062-6849-6311-0614
030-062-6849-6685-0195'
030-062-6849-6685-0201'
'030-062-6611-1103)
(030-062-6842-1102)
(030-062-6849-1101)
(030-062-6849-1103)
(031-060-6058-6896-9001)
(031-060-6058-6896-9003)
(031-060-6058-6896-9006)
(700,000)
3,000
12,000
3,940
301
372
387
2,685
3,725
500
1,040
279
21
15,000
5,000
2,000
6,250
695,000
700,000
5,000,000
22) Appropriated from QZAB
23) Schools
24) Literary Fund
Loan-RAMS
25) QZAB Roanoke
Academy
26) Transfer from Capital
Projects Fund
(031-060-6060-6896-9109)
(031-060-9709-6896-9182)
(031-060-6058-1301)
(031-060-6060-1273)
(031-060-6052-1237)
$1,276,260
(695,000)
5,000,000
1,276,260
700,000
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
.j~ Gloria P. Manns, Chairman Marsha W. Ellison
Ruth C. Willson, Vice Chairman William H. Lindsey
F. B. Webster Day Melinda J. Payne
~,.-Roanoke
City School Board P.O. Box 13145, Roanoke, Virginia24031 · 540-853-2381 · Fax: 540-853-2951
Robert J. Sparrow
E. Wayne Harris, Ed.D., Superintendent
Cindy H. Lee, Clerk of the Board
3anuary 21, 2003
The Honorable Ralph K. Smith, Mayor
and Members of Roanoke City Council
Roanoke, VA 2401:[
Dear Members of Council:
As the result of official School Board action at its January :[4
meeting, the Board respectfully requests City Council to approve the
following appropriations:
· $8,250.00 for the Western Virginia Regional Science Fair. This
continuing grant program is funded by participating school
districts and corporate and individual contributions with a local
match by Roanoke City Public Schools.
· $5,000.00 for the Homeless Assistance program to provide
instructional services to homeless students. This continuing
program is one hundred percent reimbursed by federal funds.
· $15,000.00 for the FY2002-03 Chess program to pay for chess
materials and tournament participation costs. This continuing
grant program has received a private donation.
Additionally, the School Board respectfully requests City Council
to approve appropriations which were approved at the School Board's
May :[4, 2002, meeting in connection with improvements to Roanoke
Academy for Mathematics and Science. Please recall that the Board
withheld requesting City Council to approve the appropriations until
the land swap for the Kennedy Park property was approved by the
federal government. The appropriations are as follows:
$6,395,000.00 for improvements to Roanoke Academy for
Mathematics and Science. The improvements are funded with
1999 Bond funds, a Literary Fund loan, and City capital funds.
Preparing Students for Success
Members of Council
Page 2
January 21, 2003
re
CC'
$1,276,260.00 for improvements to Roanoke Academy for
Mathematics and Science. Funding is being provided by
Qualified Zone Academy Bond (QZAB) funds and will be used to
purchase furniture and equipment for the facility.
The School Board appreciates your approval of this request.
Sincerely,
Cindy H. Lee, Clerk
Mrs. Gloria P. Manns
Dr. E. Wayne Harris
Mr. Richard L. Kelley
Mr. Kenneth F. Mundy
Mr. William L. Murray
Mrs. Darlene Burcham
Mr. William M. Hackworth
Mr, Jesse A. Hall
Mr. Jim Wells (with
accounting details)
JESSE A. HALL
Director of Finance
emai[: jesse hali~ci.roanoke.va us
January 2'1,2003
CITY OF ROANOKE
DEPARTMENT OF FINANCE
215 Church Avenue, S.W., Room 461
P.O. Box 1220
Roanoke, Virginia 24006-1220
Telephone: (540) 853-2821
Fax: (540) 853-6142
ANN H. SHAWVER
Deputy Director
The Honorable Ralph K. Smith, Mayor
The Honorable C. Nelson Harris, Vice Mayor
The Honorable William D. Bestpitch, Council Member
The Honorable William H. Carder, Council Member
The Honorable M. Rupert Cutler, Council Member
The Honorable Alfred T. Dowe, Jr., Council Member
The Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
As the result of official School Board action at its January 14 meeting, the Board
respectfully requests City Council to approve the following appropriations:
$8,250 for the Western Virginia Regional Science Fair. This continuing grant
program is funded by participating school districts and corporate and individual
contributions with a local match by Roanoke City Public Schools.
$5,000 for the Homeless Assistance program to provide instructional services to
homeless students. This continuing program is one hundred percent reimbursed
by federal funds.
$15,000 for the FY2002-03 Chess program to pay for chess materials and
tournament participation costs. This continuing grant program has received a
private donation.
Additionally, the School Board respectfully requests City Council to approve
appropriations which were approved at the School Board's May 14, 2002, meeting in
connection with improvements to Roanoke Academy for Mathematics and Science. The
Board withheld requesting City Council to approve the appropriations until the land swap
for the Kennedy Park property was approved by the federal government. The land swap
was approved by the federal government in 2002.
Honorable Mayor and Members
of City Council
January 21,2003
The appropriation request is as follows:
$7,671,260 for improvements to Roanoke Academy for Mathematics and Science.
The improvements are funded with $695,000 of 1999 Bond funds, a $5,000,000
Literary Fund loan, $700,000 of City capital funds, and $1,276,260 in Qualified
Zone Academy Bond funds.
The School Board appreciates your approval of this request.
Sincerely,
Jesse A. Hall
Director of Finance
JAH/ctg
C;
Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Mary F. Parker, City Clerk
E. Wayne Harris, Superintendent of City Schools
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
January 28,2003
File #60-67-68
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms, Burcham:
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
At a regular meeting of the Council of the City of Roanoke which was held on Tuesday,
January 21,2003, Council Member Wyatt requested a report on the City's overtime policy.
MFP:mh
Sincerely,
Mary F. Parker, CMC
City Clerk
pc: Kenneth S. Cronin, Director, Human Resources
~. H:~Agenda.03~January 21,2003 correspondence.w~
JESSE A. HALL
Director of Finance
email: jesse ha]l~ci roanoke.va.us
CITY OF ROANOKE
DEPARTMENT OF FINANCE
215 Church Avenue, S.W., Room 461
P.O. Box 1220
Roanoke, Virginia 24006-1220
Telephone: (540) 853-2821
Fax: (540) 853-6142
ANN H. SHAWVER
Deputy Director
emai[: ann_shawvcr~ci.manoke.va.u s
Januaw 21,2003
Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Mayor and Members of Council:
Subject: Presentation of FY 02 CAFRs
This is to request 30 minutes at the end of your regular agenda of the January 21
Council meeting for a presentation on the above referenced subject.
Sincerely,
Jesse A. Hall
Director of Finance
JAH:ca
c: Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
JESSE A. HALL
Director of Finance
cmail: jesse_hall@ci~roanoke va us
CITY OF ROANOK'E
DEPARTMENT OF FINANCE
215 Church Avenue, S.W., Room 461
P.O. Box 1220
Roanoke, Virginia 24006-1220
Telephone: (540) 853-2821
Fax: (540) 853-6142
ANN H. SHAWVER
Deputy Director
January 21,2003
The Honorable Ralph K. Smith, Mayor
The Honorable C. Nelson Harris, Vice Mayor
The Honorable William D. Bestpitch, Council Member
The Honorable William H. Carder, Council Member
The Honorable M. Rupert Cutler, Council Member
The Honorable Alfred T. Dowe, Jr., Council Member
The Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of Council:
Enclosed are copies of the FY02 Comprehensive Annual Financial Report
(CAFR) and FY02 Pension Comprehensive Annual Financial Report (CAFR).
Due to the implementation of the Government Accounting Standards Board
Statement No. 34, previously discussed with Council, the FY02 CAFR is
significantly different from previous CAFRs. Therefore, we thought it important to
brief Council on some of the changes and have scheduled a 30-minute briefing
for review of the CAFR.
Sincerely,
Jesse A. Hall
Director of Finance
JAH:ca
Attachments
C;
Darlene L. Burcham, City Manager
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
1
2
3
4
5
6
7
8
9
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
Janua~ 21,2003
Honorable Ralph K. Smith, Mayor, and Members of City Council
Roanoke, Virginia
Dear Mayor Smith and Members of Council:
Subject:
Two-Way Traffic on
Campbell Avenue
This is to request space on Council's regular agenda for a 30-minute briefing on
the above referenced subject.
Respectfully submitted,
Darlene L. Burcham
City Manager
DLB:sm
c: City Attorney
Director of Finance
City Clerk
Campbell Avenue and Salem Avenue
Two-way Traffic Operations Analysis
Prepared for
The City of Roanoke
by
Wilbur Smith Associates
Janua~ 14,2003
RS
ECONOMIST~
Wilbur Smith ~
LEGEND:
Campbell Ave
24.14
(21.66)
Signalized Intersection · Stop Sign
00 AM Peak Travel Time (seconds per vehicle)
(00) PM Peak Travel Time (seconds per vehicle)
8.02 8.56 4.60 I· 3.08 4.38 ~ (4.44)
(7.94) . . . (4.22)
~o.72 'F~ =~ ~'
(42.92) .., o*.~ 35.38
~ (55.05)
19.02
(39.74)
Average Travel Times
Existing Condition
Salem Ave
NOT TO SCALE
MI ~ ~ ~
I
I
I
I
I
il 1t · " · i! Sa,em,
120.60 ~- ~
= 49.74 ~
(111.68) m (66.26)
69.44 43.34 7.82 29.72 5.70 ~ 5.10 3.56 5.66
(~.~4) (~o.~4) (~.~o) 0~,~) (6.44) (~.~4) (~.~o) (~.9~) -
~ '~ ~ '1 ~ " :
~mp~l~ve 53.48 ~ ~2.00 20.38 ~ 6.86 ~ 7.~6 ~4.26 3.28 24.50 ~
(53.~) (~6.24) (37.76) (7.60) (6.96) (16.~) ~ ~ (7.66) (33.90) ~
Ave
.EGEND: 86.86
(107.34)
Signalized Intersection · Stop Sign
00 AM Peak Travel Time (seconds per vehicle)
(00) PM Peak Travel Time (seconds per vehicle)
Average Travel Times
Proposed Condition
56.06
(72.66)
NOT TO SCALE
~_ ~ E
? · ® ® ~., ® ::
~.o i~.. · Btt~~' I"o".,*i.gl . ~ tl ~:
' Camp~llAveII ~ ~ *T *Zl ~ ~ EE _ .
~ ~ Museum ~ l N°Pa~ingJ a ~ ::
BUS Stop ~ : :
LEGEND:
· Parking Spa~ Elimination
& Loading Zone Elimination ~ Existing Total 93 spa~s
~ Time of Day (TOD) Pa~ing Restriction ~ Pm~s~ T~al ~ s~s
~ TOD L~ding Zone Restriction
· T Relo~te T~i S~s to Add 2 Parking Spa~s ~ Pm~s~ TOD Restfi~ion 9 spa~s
· Zl M~i~ Loading Zone to Add 3 Pa~ing Spa~s
· ~ Modi~ Loading Zone to Add I Parking Spa~
· A Gain Additional Parking Spa~
· AMC Gain Additional Motorcycle Pa~ing Spa~
NOT TO SCALE
On-Street Parking Changes
LEGEND:
~-~ Existing Parking / No Parking / Loading Zone
~ Parking Space / Loading Zone Elimination
~ Time of Day (TOD) Parking / Loading Zone Restriction
Campbell Avenue Proposed Two-Way Traffic Pattern
NOT TO SCALE
HENRIOKESSLER
FURS & OUTE RWEAR
A na~ne you remember, qualityyou can trust.
January 21, 2003
Roanoke City Council
Re: Two-way traffic on Campbell Avenue
Dear Member of City Council,
Most of us on Campbell Avenue are opposed to the two way traffic pattern on our street.
Those of us opposed are running successful businesses or attractions that bring people
to downtown Roanoke. We do not exist only because people are already downtown
working. We conduct our businesses during the day when vehicular traffic is at its
peak.
The two way traffic pattern will cause more congestion, thereby making it more
difficult and unpleasant to come downtown. Common sense will tell you that cars
coming from both directions trying to get into the Center in the Square parking deck
will cause congestion. Cars and trucks trying to parallel park with no way to get around
them will cause even more. Added congestion will stop people from wanting to come
downtown.
When we asked the representative from the traffic consulting firm about school buses
(Science Museum) and emergency vehicles, the response was that these situations were
not factored into their study. It seems them is a group of city and civic leaders who
think this change is good. The fact is, none of them are running businesses downtown
and none work on Campbell Avenue on a daily basis. We are opposed to this, not
because we had the luxury of spending other peoples money on a traffic analysis and
consultation, but because we are running successful businesses with our own money
every day.
I urge you to come to the businesses on Campbell and see first hand what our concerns
are before this plan is approved and I feel that common sense will prevail. Remember,
long after the consultants and proponents of this plan are gone, we will still be running
businesses in Roanoke - whether or not it's in downtown is up to you.
WEST CAMPBELL AVENUE · ROANOKE, VIRGINIA 24011 · (540) 982-1713
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
Janua~ 21,2003
Honorable Ralph K. Smith, Mayor, and Members of City Council
Roanoke, Virginia
Dear Mayor Smith and Members of Council:
Subject:
General Permit
Registration Statement for
Storm Water Discharges
From Small Municipal
Separate Storm Sewer
Systems
This is to request space on Council's regular agenda for a 15-minute briefing on
the above referenced subject.
Respectfully submitted,
Darlene L. Burcham
City Manager
DLB:sm
c: City Attorney
Director of Finance
City Clerk
Virginia Pollutant Discharge
Elimination Systems (VPDES)
General Permit Registration
Statement For Storm Water
Discharges From Small Municipal
Separate Storm Sewer Systems.
Manaaement Proc~ram
For the City of Roanoke,
Virainia
Recently Un-Funded Federal
Mandate to address
Storm Water Quality:
· Covers Most Municipalities in the
Roanoke Region
· Other Facilities ( VWcC, VA
Hospital, V-DOT)
Registration Statement
submitted to the Department of
Environmental Quality
· Due March 10, 2003
-Assess current program capabilities
- Develop SMP strategies 6~.~L ~ ~:~
- Develop funding strategies
- Prepare permit application
- Submit permit application to State DEQ
· Implement all programs within five
years of permit issuance ~1 ~4'/~4:~f
Permit Requirements:
What is required?
· "Best manaqement practices"
{BMPs) Structural and non structural
water quality controls, (bio-filters,
sediment removal, construction site
E&S controls, education proqram,
storm water brochure, PSA's)
· Activities, to prevent or reduce the
pollution of surface waters
Why is a storm water quality
program needed?
· Polluted storm water runoff Is conveyed
through storm sewer systems and
discharged {untreated) into rivers and
streams
· Common pollutants identified in storm water
- oll & grease
- pesticides
- sediment
- trash items(ii.e, bottles, paper wrappers,
c garette butts, etc)
Why is a storm water program
needed? (COntinued)
· When deposited into local waterways,
the identified pollutants can impair
such waterways:
- Aquatic life and habitat Can be impacted
- Recreational use is discouraged
2
Minimum Control Measures
1) Public education and outreach on storm
water impacts
2) Public involvementlpartlcipation
3) Illicit discharge detection and elimination
4) Construction site storm water runoff
5) Post construction storm water
management in new development and
redevelopment
6) Pollution prevention/good housekeeping
for municipal operations
Public education and Outreach
on storm water impacts
Administered by Office of Communications
· 3rd to 8th grade education programs
· Stream School Seminars
· Storm water brochure
· PSA's on Storm Water Quality
Public Involvement/Participation
· Citizen Workgroup
· Annual Public Meetings for Review of
Program Accomplishments
· Storm Drain Stenciling Project
3
Illicit Discharge Detection and
Elimination
· Storm sewer system map
· Storm water ordinance prohibiting
illegal discharges
· Illicit discharge detection and
elimination program (program to
identify and remove illegal connections
to the storm sewer system)
· Illicit discharge/illegal dumping
response system for public reporting
Construction site storm water runoff
· Current City regulations are fully
compliant with program
· Identify erosion & sediment control
certifications and training
· Sponsor awards program for exemplary
erosion & sediment control compliance
Post construction storm water
management in new development
and redevelopment
· Post constrUction water quality
ordinance
· Storm water design manual
· Storm water quality controls inspection
and enforcement program for new
development and redevelopment
4
Pollution prevention/good
housekeeping for municipal
operations
· Continuation of training and practices
developed during DEQ decree
· Development of spill prevention plans
for City facilities
· Continuation of Household Hazardous
waste collections
· Credit for current storm drain
maintenance and street sweeping
program
Estimated Annual Program Costs
Budget Budget Budget Budget Budget
: I
Is this expensive?
· Cost breakdown: Five Year program
wladministrative costs
· Average Yearly cost for the City:
$201,200
· Average Per Capita Cost:
$2/12/year
Explanation of Costs
· Innovation in the pursuit of funds and
regional cooperation may lesson some
costs
· EPA predicts costs of up to $7.83 per
capita
What does this money buy?
· Minimum Fulfillment of Permit
Requirements
· Administration of the Program
· Education and Public Participation
· Storm Sewer Ouffall Map
· An informational Brochure on
storm water pollution
What does this money buy?
(con't)
· Regional Cooperation
· Household Hazardous Waste
Collections
· Inspections of storm water
facilities
Opportunities for regional
cooperation
1. Storm water quality ed ucation
2. Parallel ordinances
3. Future funding for Storm Water
Programs
4. Regional storm water design manual
5. Household hazardous waste collection
days
6. Community Ratings System. (National
Flood Insurance Program)
7. Urban bio-filter program (Rain Gardens)
8. Storm drain system mapping
What is not included?
· Capital Improvement Projects
for storm sewer system
infrastructure
· Comprehensive storm sewer
system maintenance
· Funding for structural storm
water quality control
implementation
Questions
"2
7
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011 - 1536
Telephone: (540) 853-2541
Fox: (540) 853-1145
E-mail: clerk(~ci.roanoke.va, us
January 28, 2003
File #15-110-429
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Mr. George R. Taylor
2318 Rosalind Avenue, S. W.
Roanoke, Virginia 24014
Dear Mr. Taylor:
At a regular meeting of the Council of the City of Roanoke which was held on Tuesday,
January 21, 2003, you were appointed as a member of the Board of Trustees, City of
Roanoke Pension Plan, to fill the unexpired term of William E. Skeen, resigned, ending
June 30, 2005.
Enclosed you will find a Certificate of your appointment and an Oath or Affirmation
of Office which may be administered by the Clerk of the Circuit Court of the City of
Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church
Avenue, S. W.
Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal
Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were
appointed.
Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am also enclosing
copy of the Virginia Freedom of Information Act.
H:~Agenda.03~January 21, 2003 Oath.wpd
Mr. George R. Taylor
January 28,2003
Page 2
On behalf of the Mayor and Members of City Council, I would like to express appreciation
for your willingness to serve the City of Roanoke as a member of the Board of Trustees,
City of Roanoke Pension Plan.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Enclosures
pc;
Jesse A. Hall, Secretary, Board of Trustees, City of Roanoke Pension Plan
Andrea F. Trent, Retirement Administrator
Stephanie M. Moon, Deputy City Clerk
· N:\CKMHl~Agenda,03\Januaw 21, 2003 Oath,wpd
COMMONWEALTH OF VIRGINIA )
) To-wit:
CITY OF ROANOKE )
I, Mary F. Parker, City Clerk, and as such City Clerk of the City of Roanoke and
keeper of the records thereof, do hereby certify that at a regular meeting of Council which
was held on the twenty-first day of January, 2003, GEORGE R. TAYLOR was appointed
as a member of the Board of Trustees, City of Roanoke Pension Plan, to fill the unexpired
term of William E. Skeen, resigned, ending June 30, 2005.
Given under my hand and the Seal of the City of Roanoke this twenty-eighth day of
January, 2003.
City Clerk
H:~Agenda.03\Janua~, 21, 2003 Oath.wpd
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
January 28, 2003
File #24-51
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 36212-012103 amending §36.1-25, Definitions;
§36.1-206, Permitted uses; §36.1-207, Special exception uses; §36.1-227, Permitted uses;
and §36.1-228, Special exception uses, of Chapter 36.1, Zoning, of the Code of the City
of Roanoke (1979), as amended, providing for general service establishments and
personal service establishments in the C-2, General Commercial District, and the C-3,
Central Business District, and providing for regulations pertaining to the location of tattoo
parlors or body piercing establishments in the City of Roanoke; deleting the definition of
"service establishments" contained in §36.1-25; and dispensing with the second reading
by title of this ordinance.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Tuesday, January 21, 2003, and is in full force and
effect upon its passage.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Attachment
4~,,, H:~Agenda.03~January 21, 2003 correspondence.wp
Darlene L. Bu~ham
January 28,2003
Page 2
pc:
The Honorable
The Honorable
The Honorable
The Honorable
District Court
The Honorable Robert P. Doherty, Chief Judge, Twenty-Third Judicial Circuit of
Virginia
The Honorable William D. Broadhurst, Judge, Twenty-Third Judicial Circuit of
Virginia
The Honorable Clifford R. Weckstein, Judge, Twenty-Third Judicial Circuit of Virginia
The Honorable Charles N. Dorsey, Judge, Twenty-Third Judicial Circuit of Virginia
The Honorable Jonathan M. Apgar, Judge, Twenty-Third Judicial Circuit of Virginia
The Honorable James R. Swanson, Judge, Twenty-Third Judicial Circuit of Virginia
The Honorable Julian H. Raney, Jr., Chief Judge, General District Court
The Honorable George W. Harris, Jr., Judge, General District Court
Vincent A. Lilley, Judge, General District Court
Francis W. Burkart, III, Judge, General District Court
Jacqueline F. Ward Talevi, Judge, General District Court
John B. Ferguson, Chief Judge, Juvenile and Domestic Relations
The Honorable Joseph M. Clarke, II, Judge, Juvenile and Domestic Relations
District Court
The Honorable Philip Trompeter, Judge, Juvenile and Domestic Relations District
Court
The Honorable Joseph P. Bounds, Judge, Juvenile and Domestic Relations District
Court
Sheila N. Hartman, Assistant City Clerk, (For transmittal by electronic mail to
Municipal Code Corporation)
Raymond F. Leven, Public Defender, 210 First Street, S. W., Roanoke, Virginia
24011
Ronald S. Albright, Clerk, General District Court
David C. Wells, Clerk, Juvenile and Domestic Relations District Court
Peggy B. Stewart, Office of the Magistrate
Michael R. Meise, Law Librarian
Jesse A. Hall, Director of Finance
Rolanda A. Russell, Assistant City Manager for Community Development
Willard N. Claytor, Director, Real Estate Valuation
Evelyn D. Dorsey, Zoning Administrator
Rebecca J. Cockram, Secretary, Board of Zoning Appeals
Martha P. Franklin, Secretary, City Planning Commission
Ronald L. Smith, Building Commissioner
Philip C. Schirmer, City Engineer
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
H :~A~elll;I;l~l~alloa~ ¥ 2 0 0 3 correspondence.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21st day of January, 2003.
No. 36212-012103.
AN ORDINANCE amending {}36.1-25, Definitions; {}36.1-206, Permitted uses;
{}36.1-207, Special exception uses; {}36.1-227, Permitted uses; and {}36.1-228, Special
exception uses, of Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as
amended, providing for general service establishments and personal service establishments in
the C-2, General Commercial District, and the C-3, Central Business District, and providing
for regulations pertaining to the location of tattoo parlors or body piercing establishments in
the City of Roanoke; deleting the definition of "service establishments" contained in {}36.1-
25; and dispensing with the second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. Section 36.1-25. Definition~, {}36.1-206, Permitted uses, {}36.1-207, Special
exception uses, {}36.1-227, Permitted uses, and {}36.1-228, Special exception uses, of Chapter
36.1, Zoning, of the Code of the City of Roanoke (1979), as amended, is hereby amended
and reordained to read and provide as follows:
{}36.1-25. Definitions.
For the purpose of this chapter, certain terms and words used herein shall be
defined as follows:
Body piercin~ establishment: An establishment in which body piercing takes
place. For the purposes of this definition, the term "body piercing" means the
H:\ORDINAN CES\O~C^-TATTOO$ 010903 DOC 01/09//03
act of penetrating the skin to make a hole, mark, or scar, generally permanent
in nature, but does not include the use of a mechanized, pre-sterilized ear
piercing system that penetrates the outer perimeter or lobe of the ear, or both.
General service establishment: A place of business primarily engaged in the
repair or maintenance of household, or commercial goods, including
appliances, computers, office equipment and automobiles.
Personal service establishment: A place of business primarily engaged in the
training, development or care of a person or his apparel, including barber and
beauty shops, garment repair and alteration shops, tailoring and dressmaking
shops, shoe repair shops, photographic studios, and music or art studios, but
not including the provision of medical services or tattoo parlors or body-
piercing establishments.
Tattoo parlor: An establishment which offers or practices the placement of
designs, letters, scrolls, figures, symbols, or any other kind of marks upon or
under the skin of a person with ink or any other substance, resulting in
permanent coloration or marking of the skin, by the aid of needles or other
instruments designed to touch or puncture the skin, except when performed by
a medical doctor or other medical services personnel licensed pursuant to Title
54.1 of the Code of Virginia in the performance of his or her professional
duties.
Section 36.1-206. Permitted uses.
The following uses shall be permitted as principal uses in the C-2, General
Commercial District:
(26)
General service establishments, but not such establishments primarily
engaged in the repair or maintenance of automobiles, trucks, or
construction equipment.
(49) Personal service establishments.
(50) Business service establishments.
Section 36.1-207. Special exception uses.
The following uses shall be permitted only by special exception in the C-2,
General Commercial District:
(11)
Tattoo parlor or body piercing establishments, provided that the
establishment of a tattoo parlor or body piercing establishment as
referred to in this subsection shall include the opening of such business
as a new business, the relocation of such business, the enlargement of
such business in either scope of service or activities or physical area, or
the conversion, in whole or in part, of an existing business to a tattoo
parlor or body piercing establishment.
Section 36.1-227. Permitted uses.
The following uses shall be permitted as principal uses in the C-3, Central
Business District:
(26)
General service establishments, but not such establishments primarily
engaged in the repair or maintenance of automobiles, tracks or
construction equipment.
(41) Personal service establishments.
(42) Business service establishments.
Section 36.1-228. Special exception uses.
The following uses shall be permitted only by special exception in the C-3,
Central Business District:
(6)
Tattoo parlor or body piercing establishments, provided that the
establishment of a tattoo parlor or body piercing establishment as
referred to in this subsection shall include the opening of such business
as a new business, the relocation of such business, the enlargement of
such business in either scope of service or activities or physical area, or
the conversion, in whole or in part, of an existing business to a tattoo
parlor or body piercing establishment.
2. Section 36.1-25, Definition~, of Chapter 36.1, Zoning, of the Code of the City
of Roanoke (1979), as amended, is hereby amended by the deletion of the definition of
"service establishments".
3. Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
Architectural Review Board
Board of Zoning Appeals
Planning Commission
CITY OF ROANOKE
PLANNING BUILDING AND DEVELOPMENT
215 Church Avenue, S.W., Room 166
Roanoke, Virginia 2401 I
Telephone: (540) 853-1730 Fax: (540) 853-1230
E-mail: pla nning(~ci.roanoke.va.us
Janua~21,2003
Mr. Robert B. Manetta, Chairman, Planning Commission
Mr. Richard A. Rife, Vice Chairman, Planning Commission
Mr. Gilbert E. Butler, Jr., Planning Commission
Mr. S. Wayne Campbell, Planning Commission
Mr. Kent D. Chrisman, Planning Commission
Mr. Melvin L. Hill, Planning Commission
Mr. Fredrick M. Williams, Planning Commission
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Vice Mayor
Honorable William D. Bestpitch, Council Member
Honorable William H. Carder, Council Member
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Linda F. Wyatt, Council Member
Dear Members of the Planning Commission and City Council:
Subject:
Amendment of Sections 36.1-25, Definitions; 36.1-206,
Permitted uses; 36.1-207, Special exception uses; 36.1-227,
Permitted uses; and 36.1-228, Special exception uses, of
Chapter 36.1, Zoning, of the Code of the City of Roanoke
(1979), as amended, providing for general service
establishments and personal service establishments in the
C-2, General Commercial District, and the C-3, Central
Business District, and providing for regulations pertaining to
the location of tattoo parlors or body piercing establishments
in the City of Roanoke; and deleting the definition of "service
establishments" contained in Section 36.1-25.
Background:
Currently there are six tattoo parlors and body piercing establishments operating
in the City of Roanoke, one being located downtown, one in southeast, one along
the Franklin Road corridor, and three along the Williamson Road corridor. In
response to a citizen's inquiry regarding an existing tattoo parlor in late 2001,
staff was directed by City Council and the City Manager to research and
recommend methods by which the zoning ordinance could better address tattoo
parlors and body piercing establishments in the City. Staff researched the
regulation of tattoo parlors and body piercing establishments in other localities in
the Commonwealth of Virginia, and is proposing two alternative text amendments
as a result of that research and discussion.
Both of the alternative text amendments define the terms "tattoo parlor" and
"body piercing establishment" and regulate each of them as a specific use.
Alternative 1 permits tattoo parlors and body piercing establishments in the C-2,
General Commercial District, and C-3, Central Business District, by special
exception. Alternative 2 regulates tattoo parlors and body piercing
establishments by allowing them in the C-2, General Commercial District, and C-
3, Central Business District, by special exception, only after meeting specified
dispersal requirements.
The two alternative text amendments were discussed at a meeting of the
Ordinance and Names Committee of the Planning Commission on January 8,
2003.
Considerations:
Under the existing zoning ordinance, tattoo parlors and body piercing
establishments are not regulated as specifically defined uses. They are currently
regulated under the category of "general service establishments, including the
provision of business and personal services and other similar uses" and, as such,
are permitted by right in the C-2, General Commercial District, and C-3, Central
Business District.
In order to better address "tattoo parlors" and "body piercing establishments" in
the zoning ordinance, both alternative text amendments include the following
common provisions:
· Set forth definitions of a "tattoo parlor" and a "body piercing
establishment";
· Delete the definition of"service establishments";
· Set forth definitions of a "general service establishment" and "personal
service establishment"; and
· Permit "general service establishments", "personal service
establishments", and "business services establishments" by right as
principal uses in the C-2, General Commercial District, and C-3, Central
Business District.
By being individually defined as specific uses in both of the alternative text
amendments, "tattoo parlors" and "body piercing establishments" would no longer
2
be regulated under the use categories of general, personal, and business
"service establishments."
With tattoo parlors and body pieming establishments individually defined as uses,
there are two proposed approaches to regulating them in the zoning ordinance:
1) Regulate them as special exception uses, or
2) Regulate them as special exception uses with certain conditions, including
dispersal requirements.
With each alternative text amendment, tattoo parlors and body piercing
establishments would be permitted by special exception only in the City's most
intensive commercial districts, namely C-2, General Commercial District, and C-
3, Central Business District.
Alternative 1:
Application would be made to the Board of Zoning Appeals for a special
exception use. Special exception uses are typically reserved for those uses that
have elements that need to be assessed on a case-by-case basis depending on
the location and established criteria to evaluate impacts on adjoining property.
The BZA is charged with scrutinizing each application as to the proposed
business and its compatibility with the character of the surrounding
neighborhood. The BZA can also impose conditions on the special exception
use as it may deem necessary in the public interest, such as a time limit on the
permit, limiting the hours of operation, or restrictions on signage. Conditions
pertaining to a tattoo parlor or body piercing establishment could also include a
prohibition of tattooing or piercing activity being visible from the exterior of the
building or the public right-of-way.
Alternative 2:
This alternative text amendment seeks to regulate tattoo parlors and body
piercing establishments as special exception uses with certain conditions,
including minimum distance requirements from residentially zoned districts,
schools, churches, parks, day care centers, and other tattoo parlors and body
piercing establishments. Specifically, this text amendment permits tattoo parlors
or body piercing establishments only by special exception in the C-2, General
Commercial District, and the C-3, Central Business District, provided that the
proposed location satisfies the following dispersal requirements:
· Not within 1,000 feet of any other tattoo parlor or body piercing
establishment; and
· Not within 500 feet of a residentially zoned district, or a school,
educational institution, church, public park, playground, playfield or day
care center.
The minimum distance requirements provided in Alternative 2 are the same as
the dispersal requirements for "adult uses" in the current zoning regulations.
3
In Alternative 2, only after satisfying the dispersal requirements could a special
exception for a tattoo parlor or body piercing establishment in the C-2, General
Commercial District, or the C-3, Central Business District, be granted by the
Board of Zoning Appeals.
The Virginia Supreme Court has upheld a Iocality's ability to regulate tattoo
parlors and body piercing establishments through zoning. The United States
Supreme Court has upheld spacing requirements, in certain instances, for "adult
uses", such as book stores and movie theaters, but has further ruled that a
community which adopts such requirements must do so on the basis of a record
which justifies the action as necessary to protect the public health, safety, and
welfare. The courts have further held that any regulation of tattoo parlors or body
piercing establishments must leave reasonable opportunities for the location and
operation of such establishments. Staff conducted an analysis of eligible areas
in the City of Roanoke for tattoo parlors and body piercing establishments if
proposed dispersal/separation buffers were applied to land area currently zoned
C-2 and C-3. Applying those factors, real opportunities for such establishments
represented approximately eight percent of the C-2 and C-3 land area in the City.
City staff research has not identified any applicable studies to justify the
regulation of tattoo parlors and body piercing establishments with dispersal
requirements. In fact, one such study conducted by the City of High Point, North
Carolina, August 2001, concluded that there was no basis, that is no legitimate
public purpose, to regulate tattoo parlors and body piercing establishments
differently than other businesses. A review of calls received by the City of
Roanoke Police Department offers no data to warrant spatial regulation of tattoo
parlors or body piercing establishments. City staff research has shown, however,
that other Virginia localities have adopted dispersal requirements for tattoo
parlors and body piercing establishments apparently without any study that
appears to justify the regulations developed, except through statements of public
policy specific to the locality.
Vision 2001-2020 includes the following policies and actions:
· Roanoke's sustainability is measured not only by the health of its economy
but also by its quality of life. (p. 7, Roanoke in 2020: A Vision of the
Future)
· Roanoke is a well-defined city that must be able to maintain a long-term
strategy of reinvestment in both the physical and social fabric of existing
neighborhoods. (p. 39, Housing and Neighborhoods, Policy Approach)
· Citizens place a strong emphasis on neighborhoods as being an "essential
element in Roanoke's quality of life" and as such, the "character and
environmental quality" of neighborhoods should be protected." (p.77,
Public Services, Policy Approach, Zoning and Development Code
Administration)
· Revise zoning ordinances to address new development patterns and land
uses. (p.79, PS A9)
4
Staff conclusions:
Tattoo parlors and body piercing establishments, by means of their unique
operational and functional requirements, should be clearly defined as
specific land uses and regulated accordingly as opposed to being placed
in the general category of service establishments.
Tattoo parlors and body piercing establishments should be limited to the
most intensive of commercial districts, namely C-2, General Commercial
District, and C-3, Central Business District, and should be permitted within
those districts by special exception.
Permitting tattoo parlors and body piercing establishments by special
exception would allow the City to review such proposed businesses on a
case-by-case basis to determine the appropriateness of the use. In
granting a special exception, the Board of Zoning Appeals may impose
more restrictive conditions relating to the use for which the special
exception is granted when zoning district standards do not adequately
protect the public interest, mitigate any adverse impacts, or further the
policies of Vision 2001-2020.
The extent of zoning regulations should be proportional to the nature and
intensity of the use being regulated. Although some communities have
grouped tattoo parlors and body piercing establishments with "adult uses"
and have regulated them similarly with dispersal requirements, staff finds
that by definition and regulation, the connection between adult uses and
tattoo parlors and body piercing establishments is weak. There is a lack
of clear justification for dispersal requirements for tattoo parlors and body
piercing establishments. The lack of such justification may unnecessarily
expose the City to a challenge of dispersal regulations that would be
difficult to sustain.
Regulation of tattoo parlors and body piercing establishments by special
exception in the City's most intensive commercial districts, C-2 and C-3,
would give the City an increased and satisfactory level of scrutiny of the
location and operation of such proposed businesses.
Recommendation:
Staff believes it is in the best interest of the City to revise the zoning ordinance to
regulate tattoo parlors and body piercing establishments as special exception
uses, without provisions for spatial dispersion. Therefore, staff supports text
amendment Alternative I that would regulate tattoo parlors and body piercing
establishments as defined land uses permitted by special exception only in the
C-2, General Commercial District, and C-3, Central Business District. This text
amendment will adequately strengthen the City's ability to preserve the integrity
of future land use and the public welfare by scrutinizing such proposed uses on a
case-by-case basis to determine their appropriateness. The Planning
Commission should recommend approval of Alternative 1 to City Council.
City Council should approve the Alternative 1 text amendment to regulate tattoo
parlors and body piercing establishments by special exception in the C-2 and C-3
districts, after considering the recommendation of the Planning Commission.
Respectfully submitted,
R. Brian Townsend, Agent
Roanoke City Planning Commission
attach ments
cc: Darlene Burcham, City Manager
Rolanda Russell, Assistant City Manager for Community Development
William M. Hackworth, City Attorney
Mary F. Parker, City Clerk
Steven J. Talevi, Assistant City Attorney
Existing tattoo parlors (1,000' buffer)
Residential, park, religious, and school uses (500' buffer)
C-2 & C-3 zoning districts (not within buffers)
Roanoke Department of Planning Building & Development
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
AN ORDINANCE amending {}36.1-25, Definitions; {}36.1-206, Permitted uses; {}36.1-
207, Special exception uses; §36.1~227, Permitted uses; and {}36.1-228, Special exception
uses, of Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended,
providing for general service establishments and personal service establishments in the C-2,
General Commercial District, and the C-3, Central business District, and providing for
regulations pertaining to the location of tattoo parlors or body piercing establishments in the
City of Roanoke; deleting the definition of"service establishments" contained in §36.1-25;
and dispensing with the second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. Section 36.1-25. Definitions, {}36.1-206, Permitted uses, {}36.1-207, Special
exception uses, {}36.1-227, Permitted uses, and {}36.1-228, Special exception uses, of Chapter
36.1, Zoning, of the Code of the City of Roanoke (1979), as amended, is hereby amended
and reordained to read and provide as follows:
§36.1-25. Definitions.
For the purpose of this chapter, certain terms and words used herein shall be
defined as follows:
***
Body piercing establishment: An establishment in which body piercing takes
place. For the purposes of this definition, the term "body piercing" means the
H:\ordinances\o-ca- 122302f. wpd
act of penetrating the skin to make a hole, mark, or scar, generally permanent
in nature, but does not include the use of a mechanized, pre-sterilized ear
piercing system that penetrates the outer perimeter or lobe of the ear, or both.
General service establishment: A place of business primarily engaged in the
repair or maintenance of household, or commercial goods, including
appliances, computers, office equipment and automobiles.
Personal service establishment: A place of business primarily engaged in the
training, development or care of a person or his apparel, including barber and
beauty shops, garment repair and alteration shops, tailoring and dressmaking
shops, shoe repair shops, photographic studios, and music or art studios, but
not including the provision of medical services or tattoo parlors or body-
piercing establishments.
Tattoo parlor: An establishment which offers or practices the placement of
designs, letters, scrolls, figures, symbols, or any other kind of marks upon or
under the skin of a person with ink or any other substance, resulting in
permanent coloration or marking of the skin, by the aid of needles or other
instruments designed to touch or puncture the skin, except when performed by
a medical doctor or other medical services personnel licensed pursuant to Title
54.1 of the Code of Virginia in the performance of his or her professional
duties.
Section 36.1-206. Permitted uses.
The following uses shall be permitted as principal uses in the C-2, General
Commercial District:
***
(26) General service establishments, but not such establishments primarily
engaged in the repair or maintenance of automobiles, trucks, or
construction equipment.
H:\ordinances\o-ca- 122302 f. wpd
(48) Personal service establishments.
(49) Business service establishments.
Section 36.1-207. Special exception uses.
The following uses shall be permitted only by special exception in the C-2,
General Commercial District:
(10)
Tattoo parlor or body piercing establishments, provided that the
establishment of a tattoo parlor or body piercing establishment as
referred to in this subsection shall include the opening of such business
as a new business, the relocation of such business, the enlargement of
such business in either scope of service or activities or physical area, or
the conversation, in whole or in part, of an existing business to a tattoo
parlor or body piercing establishment.
Section 36.1-227. Permitted uses.
The following uses shall be permitted as principal uses in the C-3, Central
Business District:
(26)
General service establishments, but not such establishments primarily
engaged in the repair or maintenance of automobiles, tracks or
construction equipment.
(40) Personal service establishments.
(41) Business service establishments.
3
Section 36.1-228. Special exception uses.
The following uses shall be permitted only by special exception in the C-3,
Central Business District:
(6)
Tattoo parlor or body piercing establishments, provided that:the
establishment of a tattoo parlor or body piercing establishment as
referred to in this subsection shall include the opening of such business
as a new business, the relocation of such business, the enlargement of
such business in either scope of service or activities or physical area, or
the conversation, in whole or in part, of an existing business to a tattoo
parlor or body piercing establishment.
2. Section 36.1-25, Definitions, of Chapter 36.1, Zoning, of the Code of the City
of Roanoke (1979), as amended, is hereby amended by the deletion of the definition of
service estabhshments .
3. Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
4
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
AN ORDINANCE amending §36.1-25, Definitions; §36.1-206, Permitted uses; §36.1-
207, Special exception uses; §36.1-227, Permitted uses; and §36.1-228, Special exception
uses, of Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended,
providing for general service establishments and personal service establishments in the C-2,
General Commercial District, and the C-3, Central business District, and providing for
regulations pertaining to the location of tattoo parlors or body piercing establishments in the
City of Roanoke; deleting the definition of"service establishments" contained in §36.1-25;
and dispensing with the second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. Section 36.1-25. Definitions, §36.1-206, Permitted uses, §36.1-207, Special
exception uses, §36.1-227, Permitted uses, and §36.1-228, Special exception uses, of Chapter
36.1, Zoning, of the Code of the City of Roanoke (1979), as amended, is hereby amended
and reordained to read and provide as follows:
§36.1-25. Definitions.
For the purpose of this chapter, certain terms and words used herein shall be
defined as follows:
Body piercing establishment: An establishment in which body piercing takes
place. For the purposes of this definition, the term "body piercing" means the
O-CA-ta~oos010303.wpd
act of penetrating the skin to make a hole, mark, or scar, generally permanent
in nature, but does not include the use of a mechanized, pre-sterilized ear
piercing system that penetrates the outer perimeter or lobe of the ear, or both.
General service establishment: A place of business primarily engaged in the
repair or maintenance of household, or commercial goods, including
appliances, computers, office equipment and automobiles.
Personal service establishment: A place of business primarily engaged in the training,
development or care ora person or his apparel, including barber and beauty shops, garment
repair and alteration shops, tailoring and dressmaking shops, shoe repair shops, photographic
studios, and music or art studios, but not including the provision of medical services or tattoo
parlors or body-piercing establishments.
Tattoo parlor: An establishment which offers or practices the placement of
designs, letters, scrolls, figures, symbols, or any other kind of marks upon or
under the skin of a person with ink or any other substance, resulting in
permanent coloration or marking of the skin, by the aid of needles or other
instruments designed to touch or puncture the skin, except when performed by
a medical doctor or other medical services personnel licensed pursuant to Title
54.1 of the Code of Virginia in the performance of his or her professional
duties.
Section 36.1-206. Permitted uses.
The following uses shall be permitted as principal uses in the C-2, General
Commercial District:
(26)
General service establishments, but not such establishments primarily
engaged in the repair or maintenance of automobiles, trucks, or
construction equipment.
O-CA-tattoos010303.wpd
(26)
General service establishments, but not such establishments primarily
engaged in the repair or maintenance of automobiles, tracks, or
construction equipment.
(48) Personal service establishments.
(49) Business service establishments.
Section 36.1-207. Special exception uses.
The following uses shall be permitted only by special exception in the C-2,
General Commercial District:
(10) Tattoo parlor or body piercing establishments, provided that:
(a)
no tattoo parlor or body piercing establishment may be established
within one thousand (1,000) feet of any other tattoo parlor or body
piercing establishment.
(b)
no tattoo parlor or body piercing establishment may be established
within five hundred (500) feet of a residentially zoned district, or a
school, educational institution, church, public park, playground,
playfield or day care center, as set forth herein.
(c)
the establishment of a tattoo parlor or body piercing establishment as
referred to in this subsection shall include the opening of such business
as a new business, the relocation of such business, the enlargement of
such business in either scope of service or activities or physical area, or
the conversation, in whole or in part, of an existing business to a tattoo
parlor or body piercing establishment.
(d)
the distances referenced in this subsection shall be measured from the
property line of the establishment to the nearest property line of the
specified use or district boundary of the residentially zoned district.
Section 36.1-227. Permitted uses.
The following uses shall be permitted as principal uses in the C-3, Central
Business District:
(26)
General service establishments, but not such establishments primarily
engaged in the repair or maintenance of automobiles, trucks or
construction equipment.
(40) Personal service establishments.
(41) Business service establishments.
Section 36.1-228, Special exception uses.
The following uses shall be permitted only by special exception in the C-3,
Central Business District:
(6)
Tattoo parlor or body piercing establishments, provided that:
(a)
(b)
(c)
no tattoo parlor or body piercing establishment may be established
within one thousand (1,000) feet of any other tattoo parlor or body
piercing establishment.
no tattoo parlor or body piercing establishment may be established
within five hundred (500) feet of a residentially zoned district, or a
school, educational institution, church, public park, playground,
playfield or day care center, as set forth herein.
the establishment of a tattoo parlor or body piercing establishment as
referred to in this subsection shall include the opening of such business
as a new business, the relocation of such business, the enlargement of
such business in either scope of service or activities or physical area, or
the conversation, in whole or in part, of an existing business to a tattoo
parlor or body piercing establishment.
4
(d) the distances referenced in this subsection shall be measured from the
property line of the establishment to the nearest property line of the
specified use or district boundary of the residentially zoned district.
2. Section 36.1-25, Definitions, of Chapter 36.1, Zoning, of the Code of the City
of Roanoke (1979), as amended, is hereby amended by the deletion of the definition of
"service establishments".
3. Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
CITY CLERK
The Roanoke Times
CITY OF ROANOKE, MGR.
215 CHURCH, RM. 364
ATTN: DARLENE BURCHA
ROANOKE VA 24011
REFERENCE: 80072609
02049523
Rezonings
State of Virginia
City of Roanoke
I, (the undersigned) an authorized representative
of the Times-World Corporation, which corporation
is publisher of the Roanoke Times, a daily
newspaper published in Roanoke, in the State of
Virginia, do certify that the annexed notice was
published in said newspapers on the following
dates:
City/County of Roanoke, Commonwealth/State of
Vis, ia. Sworn and subscribed before me this
_~_/__~_ day of January 2003. Witness my hand and
~~~.~_~___ ---- Notary Public
My/comm'ission expires ___~a'__~y~_~___'
PUBLISH'~D ON: 01/03 01/10
TOTAL COST: 427.80
FILED ON: 01/17/03
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
January 8, 2003
File #24-27-28-51-166-200-373-468-514
The Honorable Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mayor Smith and Members of Council:
Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of
Roanoke on Monday, April 6, 1981, the following matters have been advertised for public
hearing on Tuesday, January 21,2003, at 7:00 p.m., in the City Council Chamber:
(1)
Request of the Nodhwest Neighborhood Environmental
Organization and Robert Crowder to rezone nine tracts of land
located on the south side of the 500 block of Loudon Avenue,
N. W., identified as Official Tax Nos. 2013101-2013109,
inclusive, from RM-2, Residential Multi-family, Medium Density
District, to RM-3, Residential Multi-family, High Density District,
subject to cedain conditions; and three tracts of land located
on the north side of the 500 block of Centre Avenue, N. W.,
identified as Official Tax Nos. 2013117-2013119, inclusive,
from LM, Light Manufacturing District, to RM-3, Residential
Multi-family, High Density District, subject to certain conditions
proffered by the petitioners.
H:~Public Hearings.03~January 21.Council Ittr.wpd
The Honorable Mayorand Membem
ofthe Roanoke City Council
Januaw 8,2003
Page 2
(2)
(3)
(4)
(5)
(6)
(7)
Request of the Nodhwest Neighborhood Environmental
Organization that all of the alley from 6th Street, N. W. to 5th
Street N. W., in the block lying between Loudon Avenue,
N. W., and Centre Avenue, N. W., beginning at the east side
of 6th Street between lots bearing Official Tax Nos. 2013101
and 2013115, and extending east to its intersection with 5th
Street, N. W., between lots bearing Official Tax Nos. 2013114
and 2013123, extending north, and on the west extending
along the east border of the lot bearing Official Tax No.
2013109 and on the east extending along the west border of
lots bearing Official Tax Nos. 2013114 - 2013110, extending
north to its intersection with Loudon Avenue, be I~ermanently
vacated, discontinued and closed.I~,
Request of David J. Ostrom, Jr., to rezone a portion of land
located at 1033 Pocahontas Avenue, N. E., described as Lot
27, Section 1, Fairmont Corp., Official Tax No. 3042118, from
RM-1, Residential Multi-family Low Density District, to LM,
Light Manufacturing District.
Request of Robed and Sandy P. Monsour to rezone a tract of
land consisting of 0.36 acre, located at the, intersection of
Plantation Road and Liberty Road, N. E., identified as Official
Tax No. 3130805, from RM-1, Residential Multi-family District,
Low Density District, to CN, Neighborhood Commercial District,
subject to certain conditions proffered by the petitioners.
Request of Kristi Parr that an alley intersecting with Mississippi
Avenue, N. E., and between Official Tax Nos. 3130429 and
3130428, be permanently vacated, discontinued and closed.
Request of St. Paul United Methodist Church, Board of
Trustees, that a portion of Moorman Road, N. W., be
barricaded at its intersection with Fifth Street, N. W.
Amendment to Vision 2001-2020, the City's Comprehensive
Plan, to include the Old Southwest and Belmont Neighborhood
Plans.
H:\Public Hearings.03~January 21.Council Ittr,wpd
The Honorable Mayorand Membem
ofthe Roanoke Ci~ Council
Janua~ 8,2003
Page 3
(8)
Proposal to change the structure of City water rates and
related charges for services which will result in increases in
certain rates and related charges.
(9)
Proposal of the City of Roanoke to convey surplus property
located at the intersection of Gainsboro Road and Gilmer
Road, N. W., identified as Official Tax No. 2011718, to the
nearby property owner; and to convey surplus property located
at the intersection of Gainsboro Road and Harrison Avenue,
N. W., described as Official Tax Nos. 2021788 and 2021789,
to adjacent property owners residing at 101 Harrison Avenue,
N.W.
(10) Proposal of the City of Roanoke to vacate sewer/drainage
easements on Wildwood Road, S. W.
(11)
Proposal of the City of Roanoke to authorize extension of a
lease, entered into by the City of Roanoke and the Roanoke
City School Board, of a portion of City-owned property, known
as the Jefferson High School Gymnasium, located at 540
Church Avenue, S. W., identified as Official Tax No. 1113414,
to the Young Men's Christian Association of Roanoke, Virginia,
for a period of six months.
(12) Proposal of the City of Roanoke to award a contract for the
lease and management of the Historic City Market Building.
(13)
Proposal with regard to extension of the lease of the
Commonwealth Building to the United States General Services
Administration.
Joint public hearings of City Council and the City Planning Commission:
(14)
Amendment of Sections 36.1-25, 36.1-206, 36.1-207,
36.1-227, and 36.1-228, of Chapter 36.1, Zoning, of the Code
of the City of Roanoke (1979), as amended, providing for
general service establishments and personal service
establishments in the C-2 and C-3 districts, and providing for
regulations pertaining to the location of tattoo parlors or body
piercing establishments in the City of Roanoke and deleting
the definition of "service establishments".
H:\Public Hearings.O3~January 21.Council Ittr.wpd
The Honorable Mayorand Members
ofthe Roanoke City Council
January 8,2003
Page 4
(15)
Proposal of the City of Roanoke, Mr. and Mrs. Calvin W.
Powers and Mr. and Mrs. Theodore J. Sutton to rezone tracts
of land, designated as Official Tax Nos. 3070301-3070310,
inclusive, and 3070313-3070316, inclusive, 2041816 and
2041817, from LM, Light Manufacturing District, to C-3, Central
Business District, and to rezone Official Tax Nos. 3070501,
3070318 and 3070321, from C-2, General Commercial District,
to C-3, Central Business District, subject to certain conditions
proffered by the petitioners, in connection with the
stadium/amphitheater project.
I am enclosing copy of City Planning Commission repods that ~ave been filed in the City
Clerk's Office to date.
With kindest personal regards, I am
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Enclosure
pc:
Robed B. Manetta, Chair, City Planning Commission, 2831 Stephenson Avenue,
S. W., Roanoke, Virginia 24014
Darlene L. Burcham, City Manager
Elizabeth A. Neu, Director of Economic Development
Willard N. Claytor, Director, Real Estate Valuation
William M. Hackworth, City Attorney, transmitted electronically by e-mail
Steven J. Talevi, Assistant City Attorney
Philip C. Schirmer, City Engineer
Michael T. McEvoy, Director, Department of Utilities
Jesse H. Perdue, Jr., Manager, Water Division ~
Martha P. Franklin, Secretary, City Planning Commission
Stephanie M. Moon, Deputy City Clerk ,,
Sharon A. Mougin, Executive Secretary, City Manager's Office, transmitted
electronically by e-mail
H:\Public Hearings.03~January 21.Council Ittr.wpd
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
January 28, 2003
File #51-192
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
Darlene L. Burcham
City Manager
Roanoke, Virginia
Mr. and Mrs. Calvin W. Powers
Mr. and Mrs. Theodore J. Sutton
P. O. Box 12068
Roanoke, Virginia 24022
Ladies and Gentlemen:
I am attaching copy of Ordinance No. 36213-012103 rezoning tracts of land lying generally
west of Courtland Avenue, north of Orange Avenue and south of Sycamore Avenue,
designated as Official Tax Nos. 3070301-3070310, inclusive, and 3070313-3070316,
inclusive, 2041816 and 2041817, from LM, Light Manufacturing District, to C~3, Central
Business District, and rezoning Official Tax Nos. 3070501, 3070318 and 3070321, from
C-2, General Commercial District, to C-3, Central Business District, subject to certain
conditions proffered by the petitioners; and dispensing with the second reading by title of
this ordinance.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Tuesday, January 21, 2003, and is in full force and
effect upon its passage.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Attachment
H:~Agenda.03\January 211 2003 correspondence,we :~
Darlene L. Burcham
Mr and Mrs. Calvin W. Powers
Mr. and Mrs. Theodore J. Sutton
January 28, 2003
Page 2
pc:
Roanoke Redevelopment and Housing Authority, P. O. Box 6359, Roanoke, Virginia
24017
Mr. James W. Perdue, 1515 Dunbar Street, N. W., Roanoke, Virginia 24012
Mr. Richard N. Ross, 1824 Fremont Circle, N. W., Roanoke, Virginia 24017
Mr. James K. Bowers, Jr., and Mr. Antwone Dixon, et al, 3224 Trinkle Avenue,
N. W., Roanoke, Virginia 24012
Mr. Robert R. Young, 210 Carver Avenue, N. W., Roanoke, Virginia 24012
TLC Properties, Inc., c/o Ben R. Miller, Jr., P. O. Box 66338, Baton Rouge,
Louisiana 70896
Mr. Fred C. Ellis, P. O. Box 12067, Roanoke, Virginia 24022
Trustees, First Baptist Church, P. O. Box 2799, Roanoke, Virginia 24001
Shivam, L.L.C., 308 Orange Avenue, N. E., Roanoke, Virginia 24012
Blue Eagle Partnership, P. O. Box 12068, Roanoke, Virginia 24012
Jack E. May Family Trust, 1920 Royal Oak Drive, Lynchburg, Virginia 24503
Mr. Randall Sheetz, 315 South Stewart Street, Winchester, Virginia 22601
Ernest D. Tare, Trustee, 126 Overlook Circle, Moneta, Virginia 24121
Ms. Yolanda L. Bell, 1619 Dunbar Street, N. W., Roanoke, Virginia 24012
Farrell Properties, L.T.D., P. O. Box 12608, Roanoke, Virginia 24027
Ms. Alice H. Baker, 4101 Hazelridge Road, N. W., Roanoke, Virginia 24012
Mr. Arthur C. Edwards, 1127 Melrose Avenue, N. W., Roanoke, Virginia 24017
Southeastern Building Corp., 900 Ridgefield Drive, #250, Raleigh, North Carolina
27609
Warren L. Baker, et als, 4101 Hazelridge Road, N. W., Roanoke, Virginia 24012
Stanley A. Eichelberger, 410 Carver Avenue, N. E., Roanoke, Virginia 24012
Mr. Rick Williams, 3725 Sunrise Avenue, N. W., Roanoke, Virginia 24012
Mr. Andy Friedman, 2623 Vancouver Drive, N. W., Roanoke, Virginia 24012
Mr. David Wood, 3802 Greenland Avenue, N. W., Roanoke, Virginia 24012
Mr. Doug Trout, 169 Maple Avenue, N. E., Roanoke, Virginia 24012
Rolanda A. Russell, Assistant City Manager for Community Development
Willard N. Claytor, Director, Real Estate Valuation
Evelyn D. Dorsey, Zoning Administrator
Martha P. Franklin, Secretary, City Planning Commission
Ronald L. Smith, Building Commissioner
Philip C. Schirmer, City Engineer
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
,,H:~,~3~llll~ry 21~, 2003 correspondence.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21st day of January, 2003.
Po. 36213-012103.
AN ORDINANCE to amend {}36.1-3, Code of the City of Roanoke (1979), as
amended, and Sheet Nos. 204 and 307, Sectional 1976 Zone Map, City of Roanoke, to
rezone certain property within the City, subject to certain conditions proffered by the
applicants, and dispensing with the second reading by title of this ordinance.
WHEREAS, the City of Roanoke and Calvin W. and Mary C. Powers and Theodore J.
and Judy P. Sutton have made application to the Council of the City of Roanoke to have the
hereinafter described property rezoned from LM, Light Manufacturing District, and C-2,
General Commercial District, to C-3, Central Business District, subject to certain conditions
proffered by the applicants; and
WHEREAS, the City Planning Commission, which after giving proper notice to all
concerned as required by {}36.1-693, Code of the City of Roanoke (1979), as amended, and
after conducting a public hearing on the matter, has made its recommendation to Council;
and
WHEREAS, a public hearing was held by City Council on said application at its
meeting on January 21, 2003, 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 Section
36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet Nos. 204 and 307 of the
Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no
other:
Those certain tracts of land lying generally west of Counland Avenue, north of
Orange Avenue and south of Sycamore Avenue, designated more specifically as Official Tax
Numbers 3070301, 3070302, 3070303, 3070304, 3070305, 3070306, 3070307, 3070308,
3070309, 3070310, 3070313, 3070314, 3070315, 3070316, 2041816, 2041817 and Official
Tax Numbers 3070501, 3070318 and 3070321, be, and are hereby rezoned from LM, Light
Manufacturing District, and C-2, General Commercial District, to C-3, Central Business
District, subject to the proffered conditions stated in the Petition to Rezone filed in the Office
of the City Clerk on December 6, 2002, and that Sheet Nos. 204 and 307 of the Zone Map be
changed in this respect.
BE IT FURTHER ORDAINED that pursuant to the provisions of §12 of the City
Charter, the second reading of this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
Architectural Review Boar{t
Board of Zoning Appeals
Plannin~ Commission
CITY OF ROANOKE
PLANNING BUILDING AND DEVELOPMENT
215 Church Avenue, S.W., Room 166
Roanoke, Virginia 24011
Telephone: (540) 853-1730 Fax: (540) 853-1230
E-mail: plan ning@ci.roanoke, va.us
Januaw21,2003
Mr. Robert B. Manetta, Chairman, Planning Commission
Mr. Richard A. Rife, Vice Chairman, Planning Commission
Mr. Gilbert E. Butler, Jr., Planning Commission
Mr. S. Wayne Campbell, Planning Commission
Mr. Kent D. Chrisman, Planning Commission
Mr. Melvin L. Hill, Planning Commission
Mr. Fredrick M. Williams, Planning Commission
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Vice Mayor
Honorable William D. Bestpitch, Council Member
Honorable William H. Carder, Council Member
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Linda F. Wyatt, Council Member
Dear Members of the Planning Commission and City Council:
Subject:
Request from the City of Roanoke, Calvin W. and Mary C.
Powers and Theodore J. and Judy P. Sutton that tracts of
land designated as Official Tax Numbers 3070301, 3070302,
3070303, 3070304, 3070305, 3070306, 3070307, 3070308,
3070309, 3070310, 3070313, 3070314, 3070315, 3070316,
2041816, and 2041817 be rezoned from LM, Light
Manufacturing District, and Official Tax Numbers 3070501,
3070318, and 3070321 be rezoned from C-2, General
Commercial District, to C-3, Central Business District,
subject to certain conditions proffered by the petitioners.
Background:
On May 17, 2001, City Council authorized the City Manager to negotiate and
acquire properties in the area north of the Civic Center to serve as a location for
construction of a municipal stadium and amphitheater facility. A Petition to
Rezone, with conditions, was filed on December 6, 2002.
Conditions proffered by the petitioners are as follows:
1 ) The property shall be used only for a coliseum, stadium, exhibit hall or a
similar facility or facilities;
2) The provision of on-site parking shall include no less than 750 parking
spaces and shall not exceed a maximum of 900 parking spaces;
3) There shall be no more than two (2) points of vehicular ingress to, or
egress from, the property with those two (2) points of access limited to one
(1) point on Courtland Road, N.E., and one (1) point on Carver Avenue,
N.E.;
4) Landscaping consisting of deciduous and evergreen trees, shrubs,
perennials, grasses, ground covers, and vines, shall be planted and
maintained on at least fifteen percent (15%) of the total site area; and
5) Stadium field irrigation shall be supplemented by a rain water harvesting
system which shall reduce dependence on the public water supply and
reduce storm water runoff.
The subject properties identified in this petition include 18 City-owned parcels
containing 23.2 acres and a 0.55-acre parcel owned by Calvin and Mary Powers
and Theodore and Judy Sutton (which the owners have agreed to donate to the
City).
Considerations:
The current zoning of 16 of the subject properties is LM, Light Manufacturing
District, which does not permit a stadium/amphitheater. Three parcels are zoned
C-2, General Commercial District, which permits "coliseums, stadiums, exhibition
halls, and similar facilities." A rezoning of the 19 properties to C-3, Central
Business District, with conditions, is requested. Coliseums, stadiums, exhibition
halls, and similar facilities are permitted uses in the C-3, Central Business
District. Existing land uses of the properties to be rezoned are mostly industrial,
including equipment and materials storage and parking. The largest parcels are
part of the City's public works complex and are mostly vacant.
Zoning to the east of the site is C-2, General Commercial (existing land uses
include retail sales and service establishments), to the west is RM-2, Residential
Multifamily, Medium Density (Lincoln Terrace Housing), to the south is C-2,
Commercial District (commercial/retail establishments) and LM, Light
Manufacturing (cemetery), and to the north is LM, Light Manufacturing (City of
Roanoke Public Works Service Center).
The proffered use of the property is a "coliseum, stadium, exhibit hall or a similar
facility or facilities." The proposed municipal stadium and amphitheater facility
will have approximately 8,000 seats in the stadium configuration and a capacity
of up to 16,000 persons in an outdoor concert amphitheater configuration. Given
the nature of the surrounding land uses, the impact on adjacent properties is
2
expected to be minimal. The proposed facility will combine a sports venue with a
concert entertainment amphitheater that should complement renovations of the
existing Roanoke Civic Center and enhance additional development
opportunities in the surrounding area.
From an urban design standpoint, this project would strengthen the link between
downtown and the Williamson Road area. The proposed stadium/amphitheater
facility would provide an infill project on underutilized land, thus providing
continuity and a destination between these areas. The project also has the
potential to provide better pedestrian linkages between the areas. Williamson
Road is a linear commercial area that needs "anchor points", and efforts have
been made to develop this anchor point by defining the gateway at Orange
Avenue. Use of the subject site in proximity to the Civic Center would also
achieve a desired grouping of complementary entertainment facilities.
The proposed development supports the following three Strategic Initiatives of
Vision 2001-2020, the City's Comprehensive Plan: · Investing in critical amenities (p. 48)
· Redeveloping underutilized commercial and industrial sites (p. 58)
· Selling Roanoke to residents, newcomers, and visitors (p. 59)
Vision 2001-2020 identifies the subject area as a future stadium site (p. 75, Map
3.5.1, Public Facilities). Furthermore, development of the site as proposed is
consistent with the following policies of Vision 2001-2020:
1. Roanoke will develop, maintain, and manage parks and recreation
facilities that enhance the City's and the region's quality of life. (p. 49, EC
P1)
2. Downtown will continue to serve as the region's central business district
with opportunities for downtown living, office space, retail, and cultural and
entertainment attractions. (p. 59, ED P3)
3. Develop an entertainment strategy for the downtown market area. (p. 60,
ED A5)
4. Underutilized and vacant industrial sites will be evaluated and
redevelopment encouraged. (p. 59, ED P5)
5. Roanoke will encourage commercial development in appropriate areas
(i.e. key intersections and centers) of Roanoke to serve the needs of
citizens and visitors. (p. 59, ED P6)
6. Facilitate the development of significant regional attractions. (p. 60,
Downtown, ED A8)
7. Identify underutilized commercial sites and promote revitalization. (p. 61,
Commercial Development, ED A26)
Because of the site's adjacency to major arterial streets and the nature of the
surrounding land uses, the site is appropriate for an intense commercial use.
The site is adequately served by public water and sanitary sewer systems, with
linkage into existing transmission lines adjacent to the site. An on-site storm
water management system, including detention pond facilities and French drains,
has been developed to reduce the storm water runoff impact from the site.
Furthermore, the petitioner has proffered that the playing field's irrigation system
will be supplemented by a rain water harvesting system that collects and stores
storm water runoff from a portion of the stadium's roof structure. The reduced
dependence on the public water supply and the reduction of storm water runoff
from the site are consistent with the policies of Vision 2001-2020.
A traffic study (Roanoke Civic Center and Stadium/Amphitheatre Traffic
Management Plan, HSMM, Inc. and Wilbur Smith Associates, October 2002) has
been completed, analyzing expected traffic conditions and identifying the best
options for traffic management. The petitioners have proffered a maximum of
two points of vehicular access to, and egress from, the site, with those points
limited to one on Courtland Road, N.E., and one on Carver Avenue, N.E. A
traffic management plan has been developed to address off-site vehicular access
and cimulation depending on the type of event being held at the stadium, and the
relationship to events that may be occurring at the nearby Civic Center complex.
The traffic study analyzed seven representative scenarios; namely, major event
(sellout) at both the Civic Center and Stadium/Amphitheater, major event at the
Civic Center, major event at the Stadium/Amphitheater, normal event (event that
occurs ten or more times such as hockey games and high school football games)
at the Civic Center, normal event at the Stadium/Amphitheater, minor events
(less than 2,000 attendees) at both the Civic Center and Stadium/Amphitheater,
and normal events at both the Civic Center and Stadium/Amphitheater.
The study concluded that there is adequate parking and road capacity to
reasonably handle the traffic associated with four of the seven scenarios,
using the on-site and nearby leased parking lots. Those events will not be
dependent on remote parking and shuttle service.
The study further concluded that, although the other three scenarios would
create traffic and parking demand that exceed the physical capacity of
both the adjacent road network and the onsite parking lots, an active,
coordinated traffic management plan geared specifically to each of those
three scenarios would efficiently accommodate traffic and parking
operational needs. This approach of not accommodating all parking on
site and implementing a traffic management plan is consistent with the
way many modern stadiums are developed.
The traffic management plan includes elements of varying degrees
appropriate to each scenario, including remote parking and shuttle
service, police officers directing traffic at major intersections, planning and
publicity, and advance signage and temporary traffic control devices.
Many elements of the plan were implemented for Civic Center events
during the fall of 2002 and were successful in reducing traffic congestion
and improving parking operations.
The traffic study determined that providing additional roadway capacity to
handle these infrequent peak event traffic volumes is neither practical nor
necessary. This approach is consistent with the policies of Vision 200'1-
2020, including encouraging the use of mass transit (p. 73, IN A 11 and
A14), discouraging excessive surface parking lots (p. 72, IN P4), and
keeping the pavement of streets to the minimum width necessary (p. 93,
Streets, Design Principles).
Although the C-3, Central Business District, zoning designation has no on-site
parking requirement, the petitioner has proffered that 750 to 900 parking spaces
shall be provided on site. A pedestrian bridge over Orange Avenue to the
existing Civic Center parking lot is proposed to provide a shared parking
arrangement, as necessary. Because of the site's close proximity to downtown,
shuttle service to and from downtown parking garages is viable. On-site parking,
existing Civic Center parking, leased off-site parking, and shuttles to City-owned
downtown parking garages will adequately serve the parking needs of the
proposed stadium and amphitheater facility. These are consistent with the
following policies of Vision 200'1-2020:
· Provide transportation connections (i.e. shuttle service) to multiple sites
such as Explore Park, Carvins Cove, and Mill Mountain. (p. 60, ED A13)
· Limit the amount of impervious surfaces to reduce runoff. (p. 50, EC A13)
· Discourage excessive surface parking lots. (p. 72, IN P4)
· Explore streetcars or other mass transit systems. (p. 73, IN A14)
· Shared parking should be encouraged. (p. 92, Regional commercial
centers, Design Principles)
The site provides excellent opportunities for pedestrian linkages. The stadium/
amphitheater facility would be located one mile north of the City Market, thereby
making pedestrian access to the downtown core possible. A planned segment of
the Lick Run Greenway runs near the site and could provide pedestrian access
to downtown. A planned pedestrian bridge over Orange Avenue will enhance
pedestrian access to both the Civic Center parking and to the downtown core.
The provision and enhancement of pedestrian access and greenway connections
are consistent with the following policies of Vision 200'1-2020:
· Promote greenways and linkages to the downtown and surrounding areas.
(p. 60, EDA14)
· Roanoke will develop a high-quality network of regional greenways for
recreation, conservation, and transportation. (p. 49, EC P2, Greenways)
· Develop a greenway system to provide pedestrian and bicycle linkages
between the region's parks, rivers, creeks, natural areas, recreation areas,
business centers, schools, and other institutions. (p. 73, IN A7)
The petitioner's proffer that at least fifteen percent of the total site area will be
landscaped with deciduous and evergreen trees, shrubs, perennials, grasses,
ground covers, and vines is consistent with the following policies of Vision 2001-
2020:
· Trees and other vegetation represent both an environmental resource and
an important landscape feature in the quality of life in the City.
Maintaining and increasing the City's tree canopy will have a beneficial
impact on air quality, storm water control, noise levels, temperature, and
visual appearance. (p. 48)
· Roanoke will maintain and increase its tree canopy coverage as a way to
improve air quality. (p. 49, EC P5)
Because of surrounding land uses, the proximity of the Roanoke Civic Center
and its current renovation activities, and the opportunity for the development of
an underutilized commercial/industrial site, the proposed change in zoning is a
reasonable development strategy that is consistent with Vision 2001-2020. This
petition supports a commitment to enhancing the quality of life, investing in the
economic development of downtown Roanoke, and enhancing downtown
Roanoke's position as the region's central business district.
As of the publishing of this report, no one has contacted the planning staff in
opposition to this petition.
Recommendation:
Given that the development of the property for a municipal stadium and
amphitheater facility will encourage economic development of the area, provide a
regional entertainment attraction near the downtown core, enhance the quality of
life and expand the region's cultural and recreation amenities, redevelop an
underutilized area, incorporate the concept of shared parking, and create a better
linkage between downtown and the Williamson Road area, the Planning
Commission should recommend approval of the request for rezoning to C-3,
Central Business District, with proffered conditions.
City Council should approve the request, after considering the recommendation
of the Planning Commission.
Respectfully submitted,
R. Brian Townsend, Agent
Roanoke City Planning Commission
attachments
cc: Darlene Burnham, City Manager
Rolanda Russell, Assistant City Manager for Community Development
William M. Hackworth, City Attorney
Mary F. Parker, City Clerk
Steven J. Talevi, Assistant City Attorney
Calvin and Mary Powers, Petitioner
Theodore and Judy Sutton, Petitioner
THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
Rezoning of tracts of land designated as Official Tax Numbers 3070301, 3070302,
3070303, 3070304, 3070305, 3070306, 3070307, 3070308, 3070309, 3070310,
3070313, 3070314, 3070315, 3070316, 2041816, 2041817, from LM, Light
Manufacturing District, and Official Tax Numbers 3070501, 3070318 and 3070321,
from C-2, General Commercial District, to C-3, Central Business District.
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CiTY OF
ROANOKE:
The Petitioner, City of Roanoke, Virginia, owns parcels of land in the City of Roanoke
designated as Official Tax Nos. 3070301, 3070302, 3070303, 3070304, 3070305, 3070306, 3070307,
3070308, 3070309, 3070310, 3070313, 3070314, 3070315, 3070316, 2041816, 2041817, 3070501 and
3070318, and the Petitioners, Calvin W. and Mary C. Powers and Theodore J. and Judy P. Sutton own a
parcel of land in the City of Roanoke designated as Official Tax No. 3070321, in the same general
location. Official Tax Numbers 3070301, 3070302, 3070303, 3070304, 3070305, 3070306, 3070307,
3070308, 3070309, 3070310, 3070313, 3070314, 3070315, 3070316, 2041816 and 2041817 are zoned
LM, Light Manufacturing District. Official Tax Nos. 3070501, 3070318 and 3070321 are zoned C-2,
General Commercial District. A map of the property to be rezoned is attached as Exhibit A. A concept
plan for proposed development of the properties is attached as Exhibit B. Such properties are
considered zoned LM, Light Manufacturing District, and C-2, General Commercial District, as a result
of a Court's ruling dated December 2, 2002, and Order to be entered pursuant to that ruling.
Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioners
request that the said properties be rezoned from LM, Light Manufacturing District, and C-2, General
Commercial District, to C-3, Central Business District, for the purpose of constructing a municipal
stadium and amphitheater facility to be used in conjunction with the existing Roanoke Civic Center,
subject to proffered conditions.
The Petitioners agree that if the property is rezoned, the property will be subject to the following
proffered conditions:
(1) The property shall be used only for a coliseum, stadium, exhibit hall or a similar facility
or facilities;
(2)
(3)
(4)
(5)
The provision of on-site parking shall include no less than 750 parking spaces and shall
not exceed a maximum of 900 parking spaces;
There shall be no more than two (2) points of vehicular ingress to, or egress from, the
property with those two (2) points of access limited to one (1) point on Courtland Road,
N.E., and one (1) point on Carver Avenue, N.E.;
Landscaping consisting of deciduous and evergreen trees, shrubs, perennials, grasses,
ground covers, and vines, shall be planted and maintained on at least fifteen percent
(15%) of the total site area; and
Stadium field irrigation shall be supplemented by a rain water harvesting system which
shall reduce dependence on the public water supply and reduce storm water runoff.
The Petitioners believe the rezoning of the said tract of land will further the intent and purposes
of the City's Zoning Ordinance and its comprehensive plan, in that it will redevelop an underutilized
industrial area, provide increased recreational and entertainment opportunities for the City and the
region, and provide increased economic development investment in the downtown area.
Attached as Exhibit C are the names, address and tax numbers of the owner or owners of all lots
or property immediately adjacent to and immediately across a street or road from the property to be
rezoned.
WHEREFORE, the Petitioners request that the above-described tracts be rezoned as requested
in accordance with the provisions of the Zoning Ordinance of the City of Roanoke.
Submitted this ~ h., day of
2002.
Respectfully,
Darlene L. B~
City of Roanoke, Virginia
215 Church Avenue, S.W, Room 364
Roanoke, VA 24011
(540) 853-2333
Calvin W. Powers
P. O. Box 12068, Roanoke, VA 24022
Mary C. Po~ers
P. O. Box 12068, Roanoke, VA 24022
Theodor¢~'.X.~utton
P. O. Box 12068, Roanoke, VA 24022
V 3utton
P. O. ~ox 12068, Roanoke, VA 24022
Exhibit A
ORANGE AVE
EXHIBIT S
CONCF..FT ~
STADIUM/AMPHITHEATER SITE
EXHIBIT C
ADJOINING PROPERTY OWNERS
Tax No. Property Address Property Owner
2040101 1823 Dunbar Street, NW Roanoke Redevelopment and
Housing Authority
P O Box 6359
Roanoke, VA 24017
2041315 1515 Dunbar Street, NW James W. Perdue Revocable Trust
1515 Dunbar Street, NW
Roanoke, VA 24012
2041316 Dunbar Street, NW James W. Perdue
1515 Dunbar Street, NW
Roanoke, VA 24012
2041317 Dunbar Street, NW Richard NI. Ross
2041318 1824 Fremont Circle, NW
Roanoke, VA 24017
2041319 Dunbar Street, NW James K. Bowers, Jr.
Antwone Dixon, et al
3224 Trinkle Avenue, NW
Roanoke, VA 24012
2041341 210 Carver Avenue, NW Robert R. Young
210 Carver Avenue, NW
Roanoke, VA 24012
2041703 Carver Avenue, NW TLC Properties, Inc.
c/o Ben R. Miller, Jr.
P O Box 66338
Baton Rouge, LA 70896
2041815 Carver Avenue, NW Fred C. Ellis
4514 Oakland Blvd
Roanoke, VA 24012
3020101 Orange Avenue, NE Trustees, First Baptist Church
P O Box 2799
Roanoke, VA 24001
3020102 308 Orange Avenue, NE Shivam, LLC
308 Orange Avenue, NE
Roanoke, VA 24012
3020117 326 Orange Avenue, NE Blue Eagle Partnership
P O Box 12068
Roanoke, VA 24012
3020118 316 Orange Avenue, NE Jack E. May Family Trust
316 Orange Avenue NW
Roanoke, VA 24012
3020201 1212 Williamson Road, NE Randall Sheetz
3070901 Carver Avenue, NE 315 S. Stewart Street
Winchester, VA 22601
3070103 Dunbar Street, NW City of Roanoke
3070104
3070120
3070121
3080433 1802 Courtland Road, NE
3070108 Lukens Street, NE Ernest D. Tate, Trustee
126 Overlook Circle
Moneta, VA 24121
3070113 Dunbar Street, NW Yolanda L. Bell
1619 Dunbar Street, NW
Roanoke, VA 24012
3070407 110 Wayne Street, NE Farrell Properties, LTD
P O Box 19346
Roanoke, VA 24019
3070320 Courtland Avenue, NE Alice H. Baker
4101 Hazelridge Road, NW
Roanoke, VA 24012
3070105 Lukens Street, NE Arthur C. Edwards
1127 Melrose Avenue, NW
Roanoke, VA 24017
3070317 1502 Williamson Road, NE Calvin W. and Mary C. Powers
3070319 P O Box 12068
Roanoke, VA 24022
3070504 1330 Courtland Road, NE Southeastern Building Corp.
900 Ridgefield Drive, #250
Raleigh, NC 27609
3070512 Courtland Road, NE Warren L. Baker, et als
4101 Hazelridge Road, NW
Roanoke, VA 24012
3070517 410 Carver Avenue, NE Stanley A. Eichelberger
410 Carver Avenue, NE
Roanoke, VA 24012
Baltimore, Maryland
02002 MaDQuest.com, Inc.; 4~2002 GDT.
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk~ci.roanoke.va.us
January 9, 2003
File #514
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Roanoke Redevelopment and Housing
Authority
James W. Perdue Revocable Trust
Mr. Richard N. Ross
Mr. James K. Bowers, Jr., and
Mr. Antwone Dixon, et al
Mr. Robert R. Young
TLC Properties, Inc., c/o
Mr. Ben R. Miller, Jr.
Mr. Fred C. Ellis
Trustees, First Baptist Church
Shivam, L.L.C.
Blue Eagle Partnership
Jack E. May Family Trust
Mr. Randall Sheetz
Ernest D. Tate, Trustee
Ms. Yolanda L. Bell
Farrell Properties, L.T.D.
Ms. Alice H. Baker
Mr. Arthur C. Edwards
Mr. and Mrs. Calvin W. Powers
Mr. and Mrs. Theodore J. Sutton
Southeastern Building Corp.
Mr. Warren L. Baker, et als
Mr. Stanley A. Eichelberger
Mr. Rick Williams
Mr. Andy Friedman
Mr. David Wood
Mr. Doug Trout
Ladies and Gentlemen:
Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of
Roanoke on Tuesday, April 6, 1981, I have advertised a public hearing for Tuesday,
January 21,2003, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the
City Council Chamber, fourth floor, Noel C. Taylor Munidpal Building, 215 Church Avenue,
S. W., City of Roanoke, on the request of the City of Roanoke, Mr. and Mrs. Calvin W.
Powers and Mr. and Mrs. Theodore J. Sutton to rezone tracts of land, designated as
Official Tax Nos. 3070301-3070310, inclusive, and 3070313-3070316, inclusive, 2041816
and 2041817, from LM, Light Manufacturing District, to C-3, Central Business District, and
to rezone Official Tax Nos. 3070501, 3070318 and 3070321, from C-2, General
Commercial District, to C-3, Central Business District, subject to certain conditions
proffered by the petitioners, in connection with the stadium/amphitheater project.
The City Planning Commission is recommending that Council approve the request for
rezoning. If you would like to receive a copy of the report of the City Planning Commission,
please call the City Clerk's Office at 540-853-2541.
H:\Public Headngs,03~lanuary 21.att-po.lttrs.wpd
Interested Property Owner and/or
Adjoining Property Owner
January 9, 2003
Page 2
This letter is provided for your information as an interested property owner and/or adjoining
property owner. If you have questions with regard to the matter, please call the
Department of Planning, Building and Development at 540-853-1730.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
H:\Public Headngs.03~January 21.att-po,ltt~s.wpd
TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA
PERTAINING TO THE REZONING REQUEST OF:
City of Roanoke, Calvin and Mary Powers, Theodore )
and Judy Sutton, property lying west of Courtland,) AFFIDAVIT
north of Orange and east of 1-581 from LM and C-2 )
to C-3, conditional )
COMMONWEALTH OF VIRGINIA )
) TO-WIT:
CITY OF ROANOKE )
The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary
to the Roanoke City Planning Commission, and as such is competent to make this
affidavit of her own personal knowledge. Affidavit states that, pursuant to the
provisions of Section 15.2-2204, Code of Virginia, (1950), as amended, on behalf of the
Planning Commission of the City of Roanoke, she has sent by first-class mail on the
20th day of December, 2002, notices of a public hearing to be held on the 21st day of
January, 2003,on the rezoning captioned above to the owner or agent of the parcels
listed below at their last known address:
Parcel Owner's Name Mailinq Address
2040101
2041315
2041316
2041317
2041318
2041319
2041341
2041703
2041815
3020101
3020102
3020117
Roanoke Redevelopment and Housing
Authority
James W. Perdue Revocable Trust
Richard N. Ross
James K. Bowers, Jr.
Antwone Dixon, et al
Robert R. Young
TLC Properties, Inc.
c/o Ben R. Miller, Jr.
Fred C. Ellis
Trustees, First Baptist Church
Shivam, LLC
Blue Eagle Partnership
P O Box 6359
Roanoke, VA 24017
1515 Dunbar Street, NW
Roanoke, VA 24012
1824 Fremont Cimle, NW
Roanoke, VA 24017
3224 Trinkle Avenue, NW
Roanoke, VA 24012
210 Ca~er Avenue, NW
Roanoke, VA 24012
P O Box 66338
Baton Rouge, LA 70896
4514 Oakland Blvd
Roanoke, VA 24012
P O Box 2799
Roanoke, VA 24001
308OrengeAvenue, NE
Roanoke, VA 24012
P O Box12068
Roanoke, VA 24012
3020118 Jack E. May Family Trust 316 Orange Avenue NW
Roanoke, VA 24012
3020201
3070901
Randall Sheetz
315 S. Stewart Street
Winchester, VA 22601
3070103
3070104
3070120
3070121
3080433
City of Roanoke
3070108
Ernest D. Tare, Trustee
126 Overlook Circle
Moneta, VA 24121
3070113
Yolanda L. Bell
1619 DunbarStmet, NW
Roanoke, VA 24012
3070407
Farrell Properties, LTD
P O Box 19346
Roanoke, VA 24019
3070320
Alice H. Baker
4101 Hazelridge Rd. NW
Roanoke, VA 24012
3070105
Arthur C. Edwards
1127 Melrose Ave. NW
Roanoke, VA 24017
3070317
3070319
Calvin W. & Mary Powers
P O Box12068
Roanoke, VA 24022
307O5O4
3070512
3070517
Southeastern Building Corp.
Warren L. Baker, et als
Stanley A. Eichelberger
NOTIFICATION ALSO MAILED TO:
900 Ridgefield Drive, #250
Raleigh, NC 27609
4101Hazelridge Rd, NW
Roanoke, VA 24012
410 Carver Avenue, NE
Roanoke, VA 24012
Rick Williams, President, WRAF
3725 Sunrise Avenue, NW
Roanoke, VA 24012
Andy Friedman
2623 Vancouver Ddve, NW
Roanoke, VA 24012
David Wood
3802 Greenland Avenue
Roanoke, VA 24012
Doug Trout
169 Maplelawn Avenue, NE
Roanoke, VA 24012
Martha Pace Franklin
SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke,
Virginia, this 20th day of December, 2002.
Notary Pu~51ic
My Commission Expires:
MARY F. pARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
F~x: (540) 853-1145
E-mail: clerk~ci.roanoke.va.us
STEPHANIE M. MOON
Deputy City Clerk
SHEII~. N. HARTMAN
Assistant City Clerk
December 10, 2002
File #51
Robert B. Manetta, Chair
City Planning Commission
2831 Stephenson Avenue, S. W.
Roanoke, Virginia 24014
Dear Mr. Manetta:
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 received in the City Clerk's Office on December 6, 2002,
from Darlene L. Burcham, City Manager, Mr. and Mrs. Calvin W. Powers and Mr. and Mrs.
Theodore J. Sutton, requesting that tracts of land identified as Official Tax Nos. 3070301-
3070310, inclusive, and 3070313-3070316, inclusive, 2041816 and 2041817, be rezoned
from LM, Light Manufacturing District, and Official Tax Nos. 3070501, 3070318 and
3070321, be rezoned from C-2, General Commercial District, to C-3, Central Business
District, subject to certain conditions proffered by the petitioners.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Enclosures
N:\CKMH l\Rezonings - Street. Alley Closings.02~Powers. Sutton. City Manager (Stadium).rezoning.wpd
Robert B. Manetta, Chair
December 10, 2002
Page 2
pc:
The Honorable Mayor and Members of the Roanoke City Council
Mr. and Mrs. Calvin W. Powers and Mr. and Mrs. Theodore J. Sutton, P. O. Box
12068, Roanoke, Virginia 24022
Darlene L. Burcham, City Manager
Willard N. Claytor, Director, Real Estate Valuation
Evelyn D. Dorsey, Zoning Administrator
Martha P. Franklin, Secretary, City Planning Commission
Ronald L. Smith, Building Commissioner
Philip C. Schirmer, City Engineer
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
N:\CKMH l~Rezonings - Street. Alley Closings.02~Powers. Surton. City Manager (Stadium),rezoning.wpd
The Roanoke Times
C~TY CLERK '~J3 J~ ~1 n~4(~9:2-9 Roanoke, Virginia
Affidavit of Publication NOT'F,~OFPUBLI~H[JL~N~
The Roanoke Times
.................................................. + ......... Rosn0ke and the City of .....
CITY OF ROANOKE, MGR.
215 CHURCH, RM. 364
ATTN: DARLENE BURCHA
ROANOKE VA 24011
Rezonings
REFERENCE: 80072609
02049523
State of Virginia
City of Roanoke
I, (the undersigned) an authorized representative
of the Times-World Corporation, which corporation
is publisher of the Roanoke Times, a daily
newspaper published in Roanoke, in the State of
virginia, do certify that the annexed notice was
published in said newspapers on the following
dates:
City/County of Roanoke, Commonwealth/State of
Vir~i3~ia. Sworn and subscribed before me this
_~_~__~___day of January 2003. Witness my hand and
~T~-F~'~-~'~n e×~-f-~F~T---~:~/- ~.~;_ ..... .
PUBLIGHSD ON: 01/03 01/10
TOTAL COST: 427.80
FILED ON: 01/17/03
Authorized ~' ~. / ~/'~ /~
Signature ' C~ [~-~ ,
'-- ..... ~--'--~----J--~----! .... ~_--~ .... Bi 1 1 lng Services Representative
NOTICE OF PUBLIC HEARING
TO WHOM IT MAY CONCERN:
The Council of the City of Roanoke and the City of Roanoke Planning Commission
will hold a joint public hearing on Tuesday, January 21, 2003, at 7:00 p.m., or as soon
thereafter as the matter may be heard, in the Council Chamber in the Noel C. Taylor
Municipal Building, 215 Church Avenue, S.W., on the following two questions:
(1) Rezoning from LM, Light Manufacturing District, to C-3, Central Business
District, subject to proffered conditions, the following property: tracts of land designated as
Official Tax Numbers 3070301, 3070302, 3070303, 3070304, 3070305, 3070306, 3070307,
3070308, 3070309, 3070310, 3070313, 3070314, 3070315, 3070316, 2041816 and 2041817,
and rezoning from C-2, General Commercial District to C-3, Central Business District,
subject to proffered conditions, Official Tax Numbers 3070501, 3070318 and 3070321; and
(2) An amendment to Section 36.1-25, Definitions; Section 36.1-206, Permitted uses,
Section 36.1-207, Special exception uses, Section 36.1-227, Permitted uses, and 36.1-228,
Special exception uses, of Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979),
as amended, providing for general service establishments and personal service establishments
in the C-2, General Commercial District, and the C-3, Central Business District, and
providing for regulations pertaining to the location of tattoo parlors or body piercing
establishments in the City of Roanoke; and deleting the definitions of "service
establishments" contained in Section 36.1-25.
H:~AMISC/NPH KEZONINGSTADIUMTATTOOREGS 1 DOC
A copy of these proposals are 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 questions.
If you are a person with a disability who needs accommodations for this public
hearing, contact the City Clerk's Office, 853-2541, by Thursday, January 16, 2003.
GIVEN under my hand this 30ttday of December ., 2002.
Mary F. Parker, City Clerk.
Martha P. Franklin, Secretary, Planning Commission
H L~MISC\NPH-REZONINGSTADIUMTATTOOREGS I DOC
CITY_ OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
January 28, 2003
File ~t42-373
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
At a regular meeting of the Council of the City of Roanoke which was held on Tuesday,
January 21, 2003, a public hearing was held with regard to a proposal of the City of
Roanoke to award a contract for the lease and management of the Historic City Market
Building.
The public hearing was continued until the regular meeting of Council on Tuesday,
February 18, 2003, at 7:00 p.m., or as soon thereafter as the matter may be heard.
MFP:mh
Mary F. Parker, CMC
City Clerk
pc:
Rolanda A. Russell, Assistant City Manager for Community Development
Elizabeth A. Neu, Director, Economic Development
H:~a~ldsL0,3~a~lUary 21, 2003 correspondence.wpd
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
CITY CLERK'e3 JAN 15 PN~i
The Roanoke Times
ROANOKE CITY CLERK'S
215 CHURCH AVE. RM 456
ATT: MARY PARKER, CL
ROANOKE VA 24011
REFERENCE: 80023382
02053115
State of Virginia
City of Roanoke
Market Bldg.
I, (the undersigned) an authorized representative
of the Times-World Corporation, which corporation
is publisher of the Roanoke Times, a daily
newspaper published in Roanoke, in the State of
Virginia, do certify that the annexed notice was
published in said newspapers on the following
dates:
City/County of Roanoke, Commonwealth/State of
Virginia. Sworn and subscribed before me this
___L~_~__day of January 2003. Witness my hand and
offic'al eal.
---~ .............. Notary Public
My commission expires ~ ~
PUBLISHED ON: 01/10
TOTAL COST:
FILED ON:
108.10
01/13/03
NOTICE OF PUBLIC HEARING
The City of Roanoke proposes to award a contract for the lease and management of the
Historic City Market Building.
Pursuant to the requirements of §§15.2-1800(B) and 1813, Code of Virginia (1950), as
amended, notice is hereby given that the City Council of the City of Roanoke will hold a public
hearing on the above matter at its regular meeting to be held on January 21, 2003, commencing at
7:00 p.m., in the Council Chambers, 4th Floor, Noel C. Taylor Municipal Building, 215 Church
Avenue, S.W., Roanoke, Virginia, 24011. Further information is available from the Office of the
City Clerk for the City of Roanoke at (540) 853-2541.
Citizens shall have the opportunity to be heard and express their opinions on said matter.
If you are a person with a disability who needs accommodations for this hearing, please
contact the City Clerk's Office at (540) 853-2541, before 12:00 noon on Thursday, January 16, 2003.
GIVEN under my hand this 7th day of January ,2003.
Mary F. Parker, City Clerk.
Note to Publisher:
Please publish once in The Roanoke Times on Friday, January 10, 2003.
Send Publisher's Affidavit and Bill to:
Mary F. Parker, City Clerk
456, Municipal Building
215 Church Avenue, S.W.
Roanoke, Virginia 24011
(540) 853-25/41
H:kNOTICES/N-CITY MARKETBUILDIN GWpD WpD
MARY F. PARKER, CMC
City Clerk
CITY OF RoANoKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fan: (540) 853-1145
E-mail: ¢lcrk~ci.toanok¢.va.ua
January 28, 2003
File #51-514
STEPHANIE M. MOON
l~puty City Clerk
SHEILA N, HARTMAN
Asai~tant City Clerk
James Lesniak, Executive Director
Northwest Neighborhood
Environmental Organization
802 Loudon Avenue, N. W.
Roanoke, Virginia 24021
Mr. Robert Crowder
522 Loudon Avenue, N. W.
Roanoke, Virginia 24021
Gentlemen:
At a regular meeting of the Council of the City of Roanoke which was held on Tuesday,
January 21,2003, a public hearing was held on the request of the Northwest Neighborhood
Environmental Organization and Mr. Robed Crowder, that nine tracts of land located on
the south side of the 500 block of Loudon Avenue, N. W., identified as Official Tax Nos.
2013101-2013109, inclusive, be rezoned from RM-2, Residential Multi-family, Medium
Density District, to RM-3, Residential Multi-family, High Density District, subject to certain
conditions; and that three tracts of land located on the north side of the 500 block of Centre
Avenue, N. W., identified as Official Tax Nos. 2013117-2013119, inclusive, be rezoned
from LM, Light Manufacturing District, to RM-3, Residential Multi-family, High Density
District, subject to certain conditions proffered by the petitioners.
The public hearing was continued until the regular meeting of Council on Monday,
February 3, 2003, at 2:00 p.m., or as soon thereafter as the matter may be heard, in order
to address certain concerns raised by Quality Produce Co.
Mary F. Parkerl CMC
City Clerk
MFP:mh
pc:
G. Michael Pace, Jr., Attorne)cGentry, LOcke, Rakes and'Moore, P. O. Box 400i 3,
Roanoke, Virginia 24022-0013
Donald C. Harwood, Project.,MJal3~ager, Hill Studio, P~ C., 120 West Campbell
Avenue, Roanoke, Virginia 2A.01'1 '
~ H:~Agenda.03~January 21,200~ corresl3endence.~F.~
James Lesniak, Executive Dim~or, and
Mr. Robert Cmwder
January 28,2003
Page 2
pc:
Mr. and Mrs. Carl Bova, P. O. Box 4462, Roanoke, Virginia 24015
Nestle Brooke, L.L.C., P. O. Box 2544, Roanoke, Virginia 24010
Ms. Natalie F. Roberts, cio Mr. Andrew Roberts, 711 5th Street, S. W., Roanoke,
Virginia 24016
St. John Grand Lodge, 531 Centre Avenue, N. W., Roanoke, Virginia 24016
Mr. Edward Keeling, 7092 Starlight Lane, S. W., Roanoke, Virginia 24018
Mr. Clarence Wallace, 1602 Gilmer Avenue, N. W., Roanoke, Virginia 24017
Mr. Xavier Fox, P. O. Box 6597, Roanoke, Virginia 24017
Ms. Delina A. Powell and Mr. Harold Lynwood, 1726 Patterson Avenue, S. W.,
Roanoke, Virginia 24016
Mr. and Mrs. Charles Williamson, 212 Eugene Drive, N. W., Roanoke, Virginia
24017
Ms. Laura M. White, cio Virginia Dungee, 521 Loudon Avenue, N. W., Roanoke,
Virginia 24016
Mr. and Mrs. Edward Dungee, c/o Virginia Dungee, 517 Loudon Avenue, N. W.,
Roanoke, Virginia 24016
Mr. Arthur Gravely, 236 Union Street, Salem, Virginia 24153
St. Paul United Methodist Church, 502 Gilmer Avenue, N. W., Roanoke, Virginia
24016
Ms. Lillian Rodgers, P. O. Box 641773; Omaha, Nebraska 68114
Mr. Harold C. Franklin, 607 Loudon Avenue, N. W., Roanoke, Virginia 24017
Mincon, Inc., P. O. Box 13886, Roanoke, Virginia 24038
Darlene L. Burcham, City Manager
Rolanda A. Russell, Assistant City Manager for Community Development
Willard N. Claytor, Director, Real Estate Valuation
Evelyn D. Dorsey, Zoning Administrator
Martha P. Franklin, Secretary, City Planning Commission
Ronald L. Smith, Building Commissioner
Philip C. Schirmer, City Engineer
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
Elizabeth A. Neu, Director, Economic Development
~ ,~.N :\ 1~.2003 corresDondence.wpd
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Tel~phon~: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk(~ci.ma~ok¢.v~us
January 28,2003
File #51-514
STEPHAN1E M. MOON
Deputy City Clcrk
SHEILA N. HARTMAN
Assistant City Clerk
James Lesniak, Executive Director
Northwest Neighborhood
Environmental Organization
802 Loudon Avenue, N. W.
Roanoke, Virginia 24021
Donald C. Harwood, Project Manager
Hill Studio, P. C.
120 West Campbell Avenue
Roanoke, Virginia 24011
Gentlemen:
At a regular meeting of the Council of the City of Roanoke which was held on Tuesday,
January 21,2003, a public hearing was held on the request of the Northwest Neighborhood
Environmental Organization, that all of the alley from 6th Street, N. W. to 5th Street N. W.,
in the block lying between Loudon Avenue and Centre Avenue, beginning at the east side
of 6th Street between lots bearing Official Tax Nos. 2013101 and 2013115, and extending
east to its intersection with 5th Street, between lots bearing Official Tax Nos. 2013114 and
2013123, extending north, and on the west extending along the east border of the lot
bearing Official Tax No. 2013109 and on the east extending along the west border of lots
bearing Official Tax Nos. 2013114 - 2013110, inclusive, extending north to its intersection
with Loudon Avenue, be permanently vacated, discohtinued and closed.
On motion, duly seconded and unanimously adopted, the public hearing was continued
until the regular meeting of Council on Monday, February 3, 2003, at 2:00 p.m., or as soon
thereafter as the matter may be heard, in order to address certain concerns raised by
Quality Produce Co.
Mary F. Parker, CMC
City Clerk
MFP:mh
pc:
G. Michael Pace, Jr., Attorney, Gentry, Locke, Rakes and'Moore, P. O. Box 40013,
Roanoke, Virginia 24022-0013
Mr. and Mrs. Robert Crowder, 522 Loudon Avenue, N. W., Roanoke, Virginia 24016
Mr. Ronald Buckner, P. O. Box 6597, Roanoke, Virginia 24017
Mr. Jeffrey Persinger, 3518,T(3ms Road, Barboursville, Virginia 22923
~;?~. H ~Agenda 03~January 21 2003 correspondence.w[-
James Lesniak, Executive Dim~or, and
Donald C. Harwood, ProjectManager
January 28,2003
Page 2
pc:
St. John's Grand Lodge, 531 Centre Avenue, N, ~V., Roanoke, Virginia 24016
Mr. Walter S. Bandurski and Mr. Michael Bandurski, cio Virginia Container, 701
Irvine Street, S. W., Roanoke, Virginia 24015
Mr. Walter S. Bandurski and Mr. Michael Bandurski, 6152 Twine Hollow Road,
Salem, Virginia 24153
Mr. Edward Keeling, 7092 Starlight Lane, S. W., Roanoke, Virginia 24018
Mr. Clarence Wallace, 1602 Gilmer Avenue, N. W., Roanoke, Virginia 24017
Eric Evans and C. Powell, 3913 Plantation Road, N. E., Roanoke, Virginia 24012
Ms. Delinda Powell and Mr. Harold Johnson, 1726 Patterson Avenue, S. W.,
Roanoke, Virginia 24016
Darlene L. Burcham, City Manager
Rolanda A. Russell, Assistant City Manager for Community Development
Willard N. Claytor, Director, Real Estate Valuation
Evelyn D. Dorsey, Zoning Administrator
Martha P. Franklin, Secretary, City Planning Commission
Philip C. Schirmer, City Engineer
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
J. Thomas Tasselli, Development Review Coordinator
Elizabeth A. Neu, Director, Economic Development
,~ ~ ! ~ ~~EO03 correspondence.wpd
MARY F. PARKER, CMC
City Clerk
CITY OF RoANoKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk~ci.roanoke.va.us '
Januaw 28,2003
File #51
STEPHAN1E M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
George A. McLean, Jr., Counsel
VSB #14018
P. O. Box 1264
Roanoke, Virginia 24006
Dear Mr. McLean:
I am enclosing copy of Ordinance No. 36214-012103 rezoning a portion of land located at
1033 Pocahontas Avenue, N. E., described as Lot 27, Section 1, Fairmont Corp., Official
Tax No. 3042118, from RM-1, Residential Multi-family, Low Density District, to LM, Light
Manufacturing District; and dispensing with the second reading of this ordinance by title.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Tuesday, January 21, 2003. and is in full force and
effect upon its passage.
Mary F. Parker, CMC
City Clerk
MFP:mh
Enclosure
pc;
Virginia Truck Center of Richmonc, Inc., P. O. Box 7178, Roanoke, Virginia 24019
Mr. Thomas E. Reed, et al, c/o Reed's Automotive, 1116 Orange Avenue, N. E.,
Roanoke, Virginia 24012 .
Mr. James R. Shively, P. O. Box 8691, Roanoke. Virginia 24014
Pic Quik Roanoke, Inc., 3915 Winding Way Drive, S. W., Roanoke, Virginia 24015
Mr. and Mrs. William Yopp, 1410 11th Street, N. E., Roanoke, Virginia 24012
Phillip Clark, President, Hollins Road North Civic League, 1222 Liberty Road, N. E.,
Roanoke, Virginia 24012
Mr. Richard Hendrick, 930 Missouri Avenue, N E., Roanoke, Virginia 24012
Darlene L. Burcham, City Manager
~ H:~Agenda.03\January 21, 2003 correspondence.wp
George A. McLean, Jr.
January 28, 2003
Page 2
pc:
Rolanda A. Russell, Assistant City Manager for' Community Development
Willard N. Claytor, Director, Real Estate Valuati0r~ .
Evelyn D. Dorsey, Zoning Administrator.
Martha P. Franklin, Secretary, City. Planni~,g Commission.
Ronald L. Smith, Building Commissioner
Philip C. Schirmer, City Engineer
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
~ H:'~elld,~r~ary 21.2003 correspondence.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21st day of January, 2003.
No. 36214-012103.
AN ORDINANCE to amend {336.1-3, Code of the City of Roanoke (1979), as
amended, and Sheet No. 304, Sectional 1976 Zone Map, City of Roanoke, to rezone certain
property within the City; and dispensing with the second reading of this ordinance by title.
WHEREAS, David John Ostrom, Jr. has made application to the Council of the City
of Roanoke to have the hereinafter described property rezoned from RM-1, Residential
Multi-Family, Low Density District, to LM, Light Manufacturing District; and
WHEREAS, the City Planning Commission, which after giving proper notice to all
concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and
after conducting a public hearing on the matter, has made its recommendation to Council;
and
WHEREAS, a public hearing was held by City Council on said application at its
meeting on January 21, 2003, 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:
1. Section 36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet
No. 304 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following
particular and no other:
A portion of the property at 1033 Pocahontas Avenue, N.E., known as Lot 27,
Section 1, Fairmont Corporation, and identified as Official Tax No. 3042118, and designated
on Sheet No. 304 of the Sectional 1976 Zone Map, City of Roanoke, be, and is hereby
rezoned from RM-1, Residential Multi-Family District, Low Density District, to LM, Light
Manufacturing District, in accordance with the First Amended Petition filed in the Office of
the City Clerk on November 7, 2002, and that Sheet No. 304 of the Zone Map be changed in
this respect.
2. Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
Architectural Review Board
Board of Zoning Appeals
Plannin¢ ( ommission
CITY OF ROANOKE
PLANNING BUILDING AND DEVELOPMENT
215 Church Avenue, S.W., Room 166
Roanoke, Virginia 24011
Telephone: (540) 853-1730 Fax: (540) 853-1230
E-mail: pla n ning(~ ci. r oa n oke.va.us
January 21,2003
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Vice Mayor
Honorable William H. Carder, Council Member
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable William D. Bestpitch, Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject:
Request from David John Ostrem, Jr., to rezone one tract of
land located at 1033 Pocahontas Avenue, N.E., known as
Lot 27, Section 1, Fairmont Corporation, Tax Map Number
3042118 from RM-1, Residential Multifamily, Low Density
District, to LM, Light Manufacturing District.
Planning Commission:
Public hearing was held on Thursday, December 19~ 2002, and by a vote of 6-0
(Mr. Williams absent), the Planning Commission recommended approval of the
request.
Background:
The subject parcel is approximately 6,800 square feet and is situated on the
corner of Pocahontas Avenue and 11th Street N.E A 900 square foot, one-story
masonry structure is situated on the southern portion of the property and fronts
on 11th Street. The parcel has been previously used commercially and has no
history of being utilized for any residential purpose
Considerations:
The surrounding properties are zoned RM-1, Residential Multifamily, Low Density
District, and LM, Light Manufacturing District. The RM-1 property that abuts the
lot to the west is vacant, and it is unlikely that it could be developed for a
residential use given its steep topography The property to the north directly
across Pocahontas Avenue is zoned RM-1 as well. There is currently a single-
family house on the lot. The abutting property to the south and the property
directly across 11th Street to the east are zoned LM. The property to the south is
currently a restaurant use and the adjacent property to the east of the subject
property is a trucking facility.
LM, Light Manufacturing District, uses on the subject property would be
consistent with the surrounding land use pattern found along 11th Street and the
Orange Avenue corridor. The existing adjacent residential district along
Pocahontas Avenue is small in scale and Iow in density. LM uses on the subject
site would have minimal impact on the surrounding area.
The petitioner plans to use the property for the storage of inventory for the
petitioner's electrical contracting business. Employees of the petitioner's
business will meet at the property, pick up inventory, and go to the job site. There
will be no office at the property.
Although outdoor storage is permitted in the LM, Light Manufacturing District, the
zoning ordinance does not permit outdoor storage to be located closer to a public
street than the main building on the lot (Sec. 36.1-257.) The building on the
subject lot is located very close to the southern boundary of the parcel, and no
outdoor storage would be permitted from the northernmost edge of the building to
the Pocahontas Avenue property line.
The main vehicular access to the lot is located on Pocahontas Avenue, in close
proximity to the 11th Street intersection. Staff examined other options for creating
an entrance to the lot on 11th Street further away from the residentially-zoned
district. After a site visit, staff concluded that the existing entrance is acceptable
and the most feasible option, given the steep embankment along 11th Street and
the overall lack of usable space due to the topography of the lot.
Vision 2001-2020, the City's Comprehensive Plan, includes the following
recommendation for land use and development:
Commercial Development: Identify underutilized commercial sites and
promote revitalization (p. 62, ED A26.)
Because the subject property has supported commercial uses in the past, the
proposed change in zoning is a reasonable development strategy that is
consistent with the Comprehensive Plan.
During the Planning Commission public hearing, Mr. Al McLean, attorney for the
petitioner, presented the request to the Planning Commission. The staff report
was given by Nancy Snodgrass. There was no one present who spoke in
opposition to or in favor of the requested rezoning.
Recommendation:
Planning Commission recommended approval of the request. Given the
surrounding land use pattern, the permitted uses of the LM, Light Manufacturing
District, are appropriate uses for the subject property.
Respectfully submitted,
Robert B. Manetta, Chairman
Roanoke City Planning Commission
CC:
Darlene L. Burnham, City Manager
Rolanda Johnson, Assistant City Manager for Community Development
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
George A. McLean, Jr., Attorney for the Petitioner
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
Rezoning of a tract of land located at . -..
1033 Pocahontas Ave, BIE, ;
known as Lot 27, Section 1, Fairmont Corporation,
Tax Map No. 3042118
from Residential Multifamily Low Density
District (RM1) to Light Manufacturing District (LM).
FIRST AMENDED
.PETITION TO REZONE
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF
ROANOKE:
The Petitioner, David John Ostrom, Jr., filed on November 7, 2~02, a petition to rezone
that property located at 1033 Pocahontas Avenue, NE, known as known as Lot 27, Section 1,
Fairmont Corporation. In said petition, the tax map no. was incorrectly listed as Tax Map No.
3042116, when it should have been Tax Map No. 31342118. Your petitioner now requests that
his petition to rezone be amended to provide that the tax map no. of the property being rezoned
be changed to Tax Map No. 3042118.
DAVID JOHN OSTROM,
George A. McLean, Jr., his attorney and agent
George A. McLean, Jr.
VSB #14018
P. O. Box 1264
Roanoke, Virginia 24006
(540) 982-8430
Counsel for the Petitioner
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
Rezoning of a tract of latfd located at
1033 Pocahontas Ave, lqE, "
known as Lot 27, Section 1, Fairmont Corporation,
Tax Map No. 304-2-t-t'6~' ..~4/~J/~'
from Residential Multifamily Low Density
District (RM1) to Light Manufacturing District (LM).
PETITION TO REZONE
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF
ROANOKE:
The Petitioner, David John Ostrom, Jr., is purchasing the subject property by contract
dated October 21, 2002, in the City of Roanoke containing 6,800 square feet, more or less,
located at 1033 Pocahontas Ave, NE, known~as Lot 27, Section l, Fairmont Corporation, Tax
Map No...3134-2TI-~. Said tract is cun'ently zoned R1911.
Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the
Petitioner requests that the said property be rezoned from RM1 to Light Manufacturing District
(LM) for the purpose of storage of inventory for Petitioner's electrical contracting business.
Employees will meet at property, pick up inventory, and go to job site. There will be no office at
the property.
The Petitioner believes the rezoning of the said tract of land will further the intent and
purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will the highest
and best use for a property which is located in a commercial area and has been previously used
for commercial purposes.
Attached as Exhibit A are the names, addresses and tax numbers of the owner or owners
of all lots or property immediately adjacent to and immediately across a street or road from the
property to be rezoned. Attach.e~! as Exhibit B is a 19.cation su. rve~ and attached as Exhibit C is a
concept plan showing the location of the existing building.
WHEREFORE, the Petitioner requests that the above-described tract be rezoned as
requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke.
Respectfully submitted this '~ day of ~q ,2002.
Respectfully submitted,
'"'~l~ifioner
David John Ostrom, Jr.
67 Drake Trail
Cloverdale, VA 24077
Phone No.: 540-992-4217
George A. McLean, Jr.
VSB #14018
P. O. Box 1264
Roanoke, Virginia 24006
(540) 982-8430
Counsel for David John Ostrom, Jr.
1033 Pocahontas Ave, NE
3042112
Su~e~
Property
3050101
LM
3042101
LM
3042143
3050103
C-2
3042142X
3050107
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: ($40) 853-2541
Fax: (540) 853-1145
E-mail: clcrk(~¢i.roanoke.va.us
January 9,2003
File #51
STEPHANIE M. MOON
Deputy Ci~ Clerk
SHEILA N. HARTMAN
Assistant City Cl~rk
George A. McLean, Jr., Counsel
VSB #14018
P. O. Box 1264
Roanoke, Virginia 24006
Mr. David J. Ostrom, Jr.
67 Drake Trail
Cloverdale, Virginia 24077
Gentlemen:
Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of
Roanoke on Tuesday, April 6, 1981, I have advertised a public hearing for Tuesday,
January 21,2003, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the
City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on the request of David J. Ostrom, Jr., to rezone a portion of land
located at 1033 Pocahontas Avenue, N. E., described as Lot 27, Section 1, Fairmont
Corp., Official Tax No. 3042118, from RM-1, Residential Multi-family Low Density District,
to LM, Light Manufacturing District.
For your information, I am enclosing copy of a report of the City Planning Commission, a
notice of the public hearing and an Ordinance. Please review the documents and if you
have questions, you may contact Steven J. Talevi, Assistant City Attorney, at
540-853-2431. Questions with regard to the City Planning Commission report should be
directed to the Department of Planning, Building and Development at 540-853-1730.
It will be necessary for you, or your representative, to be present at the January 21
public hearing. Failure to appear could result in a deferral of the matter until a later
date.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Enclosure
H:\Public Headngs.03~January 21 .att-poJttrs.wpd
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011 - 1536
Telephone: (540) 853-2541
F~x: (540) 853-1145
E-mail: clcrk~ci.roanoke.va.us
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Januaw 9,2003
File #51
Virginia Truck Center of Richmond, Inc.
P. O. Box 7178
Roanoke, Virginia 24019
Mr. and Mrs. William Yopp
1410 11th Street, N. E.
Roanoke, Virginia 24012
Mr. Thomas E. Reed, et al,
c/o Reed's Automotive
1116 Orange Avenue, N. E.
Roanoke, Virginia 24012
Phillip Clark, President
Hollins Road North Civic League
1222 Liberty Road, N. E.
Roanoke, Virginia 24012
Mr. James R. Shively
P. O. Box 8691
Roanoke, Virginia 24014
Mr. Richard Hendrick
930 Missouri Avenue, hi. E.
Roanoke, Virginia 24012
Pic Quik Roanoke, Inc.
3915 Winding Way Drive, S. W.
Roanoke, Virginia 24015
Ladies and Gentlemen:
Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of
Roanoke on Tuesday, April 6, 1981, I have advertised a public hearing for Tuesday,
January 21,2003, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the
City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on the request of David J. Ostrom, Jr., to rezone a portion of land
located at 1033 Pocahontas Avenue, N. E., described as Lot 27, Section 1, Fairmont
Corp., Official Tax No. 3042118, from RM-1, Residential Multi-family Low Density District,
to LM, Light Manufacturing District.
The City Planning Commission is recommending that Council approve the request for
rezoning. If you would like to receive a copy of the report of the City Planning Commission,
please call the City Clerk's Office at 540-853-2541.
H:\Public Headngs.03~January 21.att-po.Rtrs.wpd
Intemsted Prope~y Ownerand/or
Adjoining Prope~y Owner
January 9,2003
Page 2
This letter is provided for your information as an interested property owner and/or adjoining
property owner. If you have questions with regard to the matter, please call the
Department of Planning, Building and Development at 540-853-1730.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
H:\Public Hearings.03~January 21.att-po.lttrs.wpd
TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA
PERTAINING TO THE REZONING REQUEST OF:
David John Ostrom, Jr., 1033 Pocahontas Avenue, N.E.
Tax No. 3042118, from RM-1 to LM
)AFFIDAVIT
)
COMMONWEALTH OF VIRGINIA )
) TO-WIT:
CITY OF ROANOKE )
The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary
to the Roanoke City Planning Commission, and as such is competent to make this
affidavit of her own personal knowledge. Affidavit states that, pursuant to the
provisions of Section 15.2-2204, Code of Virginia, (1950), as amended, on behalf of the
Planning Commission of the City of Roanoke, she has sent by first-class mail on the 3rd
day of December, 2002, notices of a public hearing to be held on the 19th day of
December, 2002,on the rezoning captioned above to the owner or agent of the parcels
listed below at their last known address:
Parcel Owner's Name
3050101 Virginia Truck Center of Richmond, Inc.
3050103
3050107
3042117
Thomas E. Reed, et al
c/o Reed's Automotive
James Robed Shively
3042137 Pic Quik Roanoke, Inc.
3061413 William and Edith Yopp
NOTIFICATION ALSO MAILED TO:
Phillip Clark, President
Hollins Road NoAh Civic League
1222 Libedy Road, NE
Roanoke, VA 24012
Richard Hendrick
930 Missouri Avenue, NE
Roanoke, VA 24012
Madha Pace Franklin
Mailing Address
P O Box 7178
Roanoke, VA 24019
1116 O~nge Avenue, NE
Roanoke, VA 24012
P O Box 8691
Roanoke, VA 24014
3915WindingWay Drive
Roanoke, VA 24015
1410 11th Street, N.E.
Roanoke, VA 24012
SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke,
Virginia, this 3rd day of December, 2002
/ Notary Public
My Commission Expires: /g¢'¢. ? ?/b,(/~'~ ~5
NOTICE OF PUBLIC HEARING BEFORE THE CITY OF ROANOKE PLANNING
COMMISSION
TO WHOM IT MAY CONCERN:
The City of Roanoke Planning Commission will hold a public hearing on Thursday, December
19, 2002, at 1:30 p.m., or as soon as the matter may be heard, in the City Council Chamber,
fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., to consider the
following:
Request from David John Ostrom, Jr., represented by George A. McLean, Jr., attorney,
that property located at 1033 Pocahontas Avenue, N.E., Official Tax No. 3042118, be
rezoned from RM-1, Residential Multifamily, Low Density District, to LM, Light
Manufacturing District.
A copy of said application is available for review in the Department of Planning Building
and Development, Room 166, Noel C. Taylor Municipal Building.
All parties in interest and citizens may appear on the above date and be heard on the
matter. If you are a person who needs accommodations for this hearing, please contact the
Department of Planning Building and Development at 853-1730 before 12:00 noon on the
Monday before the date of the hearing listed above.
Martha P. Franklin, Secretary
City of Roanoke Planning Commission
Please print in newspaper on December 3 and 10, 2002
Please bill:
George A. McLean, Jr., Attorney
P. O. Box 1264
Roanoke, VA 24006
Please send affidavit of publication to:
Department of Planning Building and Development
Room 166, Municipal Building
215 Church Avenue, SW
Roanoke, VA 24011
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (540) 853-2541
Fax: (540) $53-1145
E-mail: clcrk@ci.roanoke.va.us
STEPILANIE M. MOON
Deputy City Clerk
SHEILA iN'. ILARTMAN
Assistant City Clerk
November 11,2002
File #51
Robert B. Manetta, Chair
City Planning Commission
2831 Stephenson Avenue, S. W.
Roanoke, Virginia 24014
Dear Mr. Manetta:
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 received in the City Clerk's Office on
November 7, 2002, from David J. Ostrom, Jr., Petitioner, requesting that a tract of land
located at 1033 Pocahontas Avenue, N. E., described as Lot 27, Section 1, Fairmont
Corp., Official Tax No. 3042118, be rezoned from RM-1, Residential Multi-family Low
Density District, to LM, Light Manufacturing District.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Enclosures
H:LRezonings - Street. Alley Closings.02\Ostrom. Rezoning.amended.wpd
Robert B. Manetta, Chair
November 11, 2002
Page 2
pc:
The Honorable Mayor and Members of the Roanoke City Council
George A. McLean, Jr., Counsel, VSB #14018, P. O. Box 1264, Roanoke, Virginia
24006
Mr. David J. Ostrom, Jr., 67 Drake Trail, Cloverdale, Virginia 24077
Willard N. Claytor, Director, Real Estate Valuation
Evelyn D. Dorsey, Zoning Administrator
Martha P. Franklin, Secretary, City Planning Commission
Ronald L. Smith, Building Commissioner
Philip C. Schirmer, City Engineer
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
H:~.ezonings - Street. Alley Closings.02\Ostrom. Rezoning.amended.wpd
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011 - 1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clcrk(~ci.roanokc.vmus
STEPHANIE M. MOON
Deputy City Clerk
SHE1LA N. HARTMAN
Assistant City Clerk
November 11, 2002
File #51
Robert B. Manetta, Chair
City Planning Commission
2831 Stephenson Avenue, S. W.
Roanoke, Virginia 24014
Dear Mr. Manetta:
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 received in the City Clerk's Office on November 7, 2002,
from David J. Ostrom, Jr., Petitioner, requesting that a tract of land located at 1033
Pocahontas Avenue, N. E., described as Lot 27, Section 1, Fairmont Corp., Official Tax
No. 3042116, be rezoned from RM-1, Residential Multi-family Low Density District, to LM,
Light Manufacturing District.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Enclosures
H:L~.ezonings - Street. Alley Closings.02\Ostrom. Rezoning.wpd
Robert B. Manet[a, Chair
November 11,2002
Page 2
pc:
The Honorable Mayor and Members of the Roanoke City Council
George A. McLean, Jr., Counsel, VSB #14018, P. O. Box 1264, Roanoke, Virginia
24006
Mr. David J. Ostrom, Jr., 67 Drake Trail, Cloverdale, Virginia 24077
Willard N. Claytor, Director, Real Estate Valuation
Evelyn D. Dorsey, Zoning Administrator
Martha P. Franklin, Secretary, City Planning Commission
Ronald L. Smith, Building Commissioner
Philip C. Schirmer, City Engineer
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
H:~Rezonings - Street. Alley Closings.02\Ostzom. Rezoning.wpd
1N THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
Rezoning of a tract of land located at
1033 Pocahontas Ave, NE,
known as Lot 27, Section 1, Fairmont Corporation,
Tax Map No. 3042116
from Residential Multifamily Low Density
District (RM1) to Light Manufacturing District (LM).
PETITION TO REZONE
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF
ROANOKE:
The Petitioner, David John Ostrom, Jr., is purchasing the subject property by contract
dated October 21, 2002, in the City of Roanoke containing 6,800 square feet, more or less,
located at 1033 Pocahontas Ave, NE, known as Lot 27, Section 1, Fairmont Corporation, Tax
Map No. 3042116. Said tract is currently zoned RM1.
Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the
Petitioner requests that the said property be rezoned from RM1 to Light Manufacturing District
(LM) for the purpose of storage of inventory for Petitioner's electrical contracting business.
Employees will meet at property, pick up inventory, and go to job site. There will be no office at
the property.
The Petitioner believes the rezoning of the said tract of land will further the intent and
purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will the highest
and best use for a property which is located in a commercial area and has been previously used
for commercial purposes.
Attached as Exhibit A are the names, addresses and tax numbers of the owner or owners
of all lots or property immediately adjacent to and immediately across a street or road from the
property to be rezoned. Attached as Exhibit B is a location survey and attached as Exhibit C is a
concept plan showing the location of the existing building.
WHEREFORE, the Petitioner requests that the above-described tract be rezoned as
requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke.
Respectfully submitted this
David John Ostrom, Jr.
67 Drake Trail
Cloverdale, VA 24077
Phone No.: 540-992-4217
. day of ~ (3 ~J ,2002.
Respectfully submitted,
George A. McLean, Jr.
VSB #14018
P. O. Box 1264
Roanoke, Virginia 24006
(540) 982-8430
Counsel for David John Ostrom, Jr.
2
EXHIBIT A
Official Tax No./
Street Address Name of Property Owner Mailing Address
#3050101 Virginia Truck Center of P.O. Box 7178
1202 Orange Ave., NE Richmond, Inc. Roanoke, VA 24019
#3050103 Thomas E Reed, et al. 1116 Orange Ave., NE
Eleventh Street, NE c/o Reed's Automotive Roanoke, VA 24012
#3050107 Thomas E. Reed, et al. 1116 Orange Ave., NE
1108 Orange Ave., NE c/o Reed's Automotive Roanoke, VA 24012
#3042117 James Robert Shively P.O. Box 8691
Pocahontas Ave., NE (Lot 26, Blk 1) Roanoke, VA 24014
#3042116 James Robert Shively P.O. Box 8691
Pocahontas Ave., NE (Lot 25, Blk 1) Roanoke, VA 24014
#3042137 Pic Quik Roanoke, Inc. 3915 Winding Way Rd., SW
1020 Orange Ave., NE Roanoke, VA 24015
#3061413 , William C. & Edith E. Yopp 1410 11th St., NE
1410 Eleventh St., NE Roanoke, VA 24012
#3061412 Donald L. King P.O. Box 780
1014 Pocahontas Ave., NE Waterloo, IA 50707
#3061411 L. Michael Hiner 2695 Ballard St.
Pocahontas Ave., NE Roanoke, VA 24014
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
CITY CLF K'03 21 MII,57
The Roanoke Times
.................................................. + ...........................
MCLEAN, GEORGE A. JR
PO BOX 1264
ROANOKE VA 24006
REFERENCE: 80020161
02049624
Pocahontas
State of Virginia
City of Roanoke
I, (the undersigned) an authorized representative
of the Times-World Corporation, which corporation
is publisher of the Roanoke Times, a daily
newspaper published in Roanoke, in the State of
Virginia, do certify that the annexed notice was
published in said newspapers on the following
dates:
City/County of Roanoke, Commonwealth/State of
Virginia. Sworn and subscribed before me this
~l~k day of January 2003. Witness my hand and
of__fS~ Notary Public
My commission expires __~_f.5_~_~_~_~___.
PUBLISHED ON: 01/03 01/10
TOTAL COST:
FILED ON:
243.80
01/21/03
Au t h o r i~ Z~_~L/~/~'-~x~
Signah~,~___~_~_~%~J/~6_~/_~_~___ __ , Billing Services Representative
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
Tuesday, January 21, 2003, at 7:00 p.m., in the Council Chamber in the Noel C. Taylor
Municipal Building, 215 Church Avenue, S.W., on the question of rezoning from RM-1,
Residential Multi-Family, Low Density District, to LM, Light Manufacturing District, the
following property:
A portion of the property at 1033 Pocahontas Avenue, N.E., known as Lot 27,
Section 1, Fairmont Corporation, and identified as Official Tax No. 3042118.
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.
If you are a person with a disability who needs accormnodations for this public
hearing, contact the City Clerk's Office, 853-2541, by Thursday, January 16, 2003.
GIVEN under my hand this 30th day of December , 2002.
Mary F. Parker, City Clerk.
Notice to Publisher:
Publish in the Roanoke Times once on Friday, January 3, 2003, and once on Friday,
January 10, 2003.
Send affidavit to:
Mary F. Parker, City Clerk
215 Church Avenue, S. W.
Roanoke, Virginia 24011
(540) 853-2541
Send bill to:
George A. McLean, Jr., Attorney
P. O. Box 1264
Roanoke, Virginia 24006
(540) 982-8430
MARY F. PARKER, CMC
City Clem
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011 - 1536
Telephone: (540) 853-2541
Fox: (540) 853-1145
E-mail: clerk~ci.roanoke.va.us
January 28,2003
File #51
STEPHANIE M. MOON
Deputy City Clcrk
SHEILA N. HARTMAN
Assistant City Clcrk
Maryellen F. Goodlatte, Attorney
Glenn, Feldmann, Darby & Goodlatte
P. O. Box 2887
Roanoke, Virginia 24001-2887
Dear Ms. Goodlatte:
I am enclosing copy of Ordinance No. 36215-012103 rezoning a tract of land consisting
of 0.36 acre, located at the intersection of Plantation Road and Liberty Road, N. E.,
identified as Official Tax No. 3130805, from RM-1, Residential Multi-family, Low Density
District, to CN, Neighborhood Commercial District, subject to certain conditions proffered
by the petitioners.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Tuesday, January 21, 2003, and is in full force and
effect upon its passage.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Enclosure.
pc:
Mr. and Mrs. Danny C. McGuire, 520 Liberty Road, N. E., Roanoke, Virginia 24012
Mr. H. A. Moses, c/o Mr. Joseph H. Moses, 217 Richard Burbydge, Williamsburg,
Virginia 23185.
Mr. James F. Patten, 504 Liberty Road, N. E., Roanoke, Virginia 24012
Ms Joyce A. Rhodes, c/o Ms. Joyce R. Oliver, 521 Liberty Road, N E., Roanoke,
Virginia 24012
Mr. Henry T. Daugherty, 522 Courtney Avenue, N. W., Roanoke, Virginia 24012
*'~',,,, . H:~Agenda.O3LJanuary 21, 2003 corresl>ondence.wp
Maryellen F. Goodla~e, A~orney
January 28,2003
Page 2
pc:
Ms. Lorri A. Erdmann, c/o Mr. Floyd G. Erdmann, 1309 Jumping Run Drive,
Goodview, Virginia 24095
Mr. and Mrs. John A. Fuller, 655 Water Oak Road, N. E., Roanoke, Virginia 24019
Interstate Brands Corp., P. O. Box 419627, Kansas City, Missouri 64141
Phillip Clark, President, Hollins Road North Civic League, 1222 Liberty Road, N. E.,
Roanoke, Virginia 24012
Mr. Richard Hendrick, 930 Missouri Avenue, N. E., Roanoke, Virginia 24012
Darlene L. Burcham, City Manager
Rolanda A. Russell, Assistant City Manager for Community Development
Willard N. Claytor, Director, Real Estate Valuation
Evelyn D. Dorsey, Zoning Administrator
Martha P. Franklin, Secretary, City Planning Commission
Ronald L. Smith, Building Commissioner
Philip C. Schirmer, City Engineer
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
)' H:~Age~l~e'~l~J~Sf3ary2.1~2003 correspondence.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGiNIA,
The 21st day of January, 2003.
1%. 36215-012103.
AN ORDiNANCE to amend §36.1-3, Code of the City of Roanoke (1979), as
amended, and Sheet No. 313, Sectional 1976 Zone Map, City oflRoanoke, to rezone certain
property within the City, subject to certain conditions proffered by the applicants; and
dispensing with the second reading of this ordinance by title.
WHEREAS, Robert Monsour and Sandy P. Monsour, have made application to the
Council of the City of Roanoke to have the hereinafter described property rezoned from RM-
1, Residential Multifamily District, Low Density District, to CN, Neighborhood Commercial
District, subject to certain conditions proffered by the applicants; and
WHEREAS, the City Planning Commission, which after giving proper notice to all
concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and
after conducting a public hearing on the matter, has made its recommendation to Council;
and
WHEREAS, a public hearing was held by City Council on said application at its
meeting on January 21, 2003, 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:
1. Section 36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet
No. 313 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following
particular and no other:
That tract of land consisting of 0.36 acres located at the intersection of Plantation and
Liberty Roads, N.E., designated as Official Tax Map Number 3130805, be, and is hereby
rezoned from RM-1, Residential Multifamily District, Low Density District, to CN,
Neighborhood Commercial District, subject to the proffers contained in the Third Amended
Petition filed in the Office of the City Clerk on December 20, 2002, and that Sheet No. 313
of the Zone Map be changed in this respect.
2. Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
Architectural Review Board
Board of Zoning Appeals
Planning Commission
CITY OF ROANOKE
PLANNING BUILDING AND DEVELOPMENT
215 Church Avenue, S.W., Room 166
Roanoke, Virginia 24011
Telephone: (540) 853-1730 Fax: (540) 853-1230
E-mail: plan ning¢)ci.roanoke.va.us
Janua~ 21,2003
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Vice Mayor
Honorable William H. Carder, Council Member
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable William D. Bestpitch, Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject:
Request from Robert and Sandy P. Monsour, represented by
Maryellen F. Goodlatte, attorney, that property located at the
intersection of Plantation and Liberty Roads, N.E., designated as
Official Tax No. 3130805, be rezoned from RM-1, Residential
Multifamily, Low Density District, to CN, Neighborhood Commercial
District, such rezoning to be subject to certain conditions proffered
by the petitioner.
Planning Commission Action:
Public hearing was held on Thursday, December 19, 2002, and by a vote of 5-1
(Messrs. Butler, Campbell, Chrisman, Hill and Manetta voting in favor, Mr. Rife
voting against, and Mr. Williams absent), the Planning Commission
recommended approval of the request.
Background:
A Petition to Rezone the subject property was filed on June 26, 2002. The
petitioner submitted a request for a continuance on July 29, 2002. The petitioner
submitted a second request for a continuance on August 26, 2002, requesting
that the Planning Commission hear the matter in December 2002. An Amended
Petition was filed on December 10, 2002, a Seconded Amended petition was
filed on December 13, 2002, and a Third Amended Petition was filed on
December 20, 2002, with the following proffered conditions:
The property shall be developed in substantial conformity with the site
plan made by L. A. Gates Company, dated May, 2002, attached hereto as
Exhibit B, subject to such changes as may be required by the City during
the comprehensive site plan review process.
2. The following uses shall not be permitted on the subject property:
a. financial institution;
b. neighborhood convenience store;
c. restaurant.
3. At least twenty pement (20%) of the fa(;;ade of the building along the
Plantation Road frontage shall consist of plate glass.
4. At least one point of access to the building shall be on Plantation Road or
at the corner of Liberty and Plantation Road.
The 0.36-acre tract to be rezoned is vacant.
Considerations:
The subject property, located at the intersection of Plantation Road and Liberty
Road N.E., is zoned RM-1, Residential Multifamily, Low Density. Surrounding
tracts on the west side of Plantation Road (north, south, and west of the subject
property) are zoned RM-1, Residential Multifamily, Low Density. Tracts on the
east side of Plantation Road are zoned LM, Light Manufacturing.
Surrounding land uses include a single-family residence and a vacant lot across
Liberty Road from the subject property. The northeast corner property at the
Plantation and Liberty Road intersection is the location of Rainbo Bakery, while a
convenience store is located on the property directly across Plantation Road at
the southeast corner of the intersection. The abutting properties along Liberty
Road and on Plantation Road are single-family residential.
The petitioner proposes to construct a 3,720 square foot building on the property
as proffered by a site plan. A user for the building has not been identified.
The petitioner's proffered site plan includes two points of access. Access on
Plantation Road will be to the side of the building, while the access on Liberty
Road will be to the rear of the building. Each point of access is situated at the
greatest distance possible from the intersection. In its evaluation of the petition
and proffered site plan, the City's Transportation Division delineated the following
two traffic concerns, both related to access to the subject property:
The proximity of the proposed Liberty Road driveway to the signal at the
intersection of Liberty and Plantation Roads may create operational
issues for a left turn into the Liberty Road driveway that may be blocked
because of traffic stacked at the signal.
Sight distance is limited at the point of access on Plantation Road. This is
an issue for vehicles turning left off of Plantation Road into the site and
vehicles turning left out of the site.
In order to limit traffic impact, the petitioner has proffered that certain high
intensity uses will be prohibited on the subject property. The prohibition of
financial institutions, neighborhood convenience stores, and restaurants, uses
that are otherwise permitted in a CN, Neighborhood Commercial District, should
limit traffic volume utilizing the two proposed driveways for the site.
Although not specifically identified in Vision 2001-2020 as a village center, the
location of the subject property is consistent with the concept of a neighborhood
village center. In accordance with Vision 2001-2020, village centers vary in size
based on the scale of buildings and the customer base served. With its location
at a key intersection and proximity to residential neighborhoods, the subject
property is in an ideal location for a small neighborhood village center. A
convenience store is established on Plantation Road directly opposite the subject
property on the southeast corner of the Plantation/Liberty Road intersection.
The subject property would provide definition to the intersection and a small
village center.
· It is located at a key intersection of two arterial streets that carry local and
commuter traffic.
With the identity of this area as a potential village center, the rezoning of
this subject property to CN, Neighborhood Commercial, would define the
focus of the intersection for village center development in accordance with
Vision 2001-2020.
Development of the site as proposed is consistent with the following policies of
Vision 2001-2020:
A "Small Village/Neighborhood Center" is located on a major
thoroughfare. The center may contain neighborhood-serving
commercial and office spaces such as a gas station/convenience
store, small shops, and offices." (p. 97, Small Village/Neighborhood
Center: Function)
"Village Centers: Village centers will be pursued as an economic
development strategy to strengthen neighborhoods and the City's
economy." (p. 59, ED P8)
=
"Commercial development: Roanoke will encourage commercial
development in appropriate areas (i.e., key intersections and centers)
of Roanoke to serve the needs of citizens and visitors." (p. 59, ED P6)
"Neighborhood-oriented commercial activity will be encouraged in well-
defined village centers." (p. 40, NH P2)
"Identify and map existing and potential village center locations." (p.
41, NH A2)
Given the uses prohibited by proffer in this petition and the subject property's
location at an arterial street intersection, the application of the CN, Neighborhood
Commercial District, to the subject property is appropriate and is not inconsistent
with the "Small Village/Neighborhood Center" concept discussed in Vision 2001-
2020. The proposed development on the subject property could help to solidify
the definition of this village center. Potential residential development of the
subject property has been compromised by the existence of incompatible uses
such as the bakery as well as by the volume of traffic through the Plantation
Road/Liberty Road intersection.
The subject site is consistent with "neighborhood commercial" and the "Small
Village/Neighborhood Center" concept. The proffered site plan is consistent with
the following Vision 2001-2020 principles for a "Small Village/Neighborhood
Center":
1. "Off-street parking is added to the rear of buildings." (p. 97, Small
Village/Neighborhood Center: Parking)
2. "New buildings in the village center are not set back..." (p. 97, Small
Village/Neighborhood Center: Buildings)
Because the details of a village center are yet to be codified in the form of
regulations with the zoning ordinance update, the application of Vision 2001-
2020 village center concepts is currently dependent on proffered conditions.
The proffered site plan places the building close to the street (Plantation
Road), consistent with the principles of Vision 2001-2020 to improve and
better define the streetscape. Furthermore, to ensure the building's
orientation to Plantation Road, proffers # 3 and 4 in the Third Amended
Petition provide assurances in regard to transparent surfaces (specifically
plate glass) on the fa(;ade to create visual attractiveness as well as access
to the building from the Plantation Road frontage.
The proffered site plan places on-site parking to the rear of the building,
consistent with the principles of Vision 2001-2020. Although no off-street
parking is required in the CN, Neighborhood Commercial District, the
provision of some off-street parking in this location is reasonable given
that there is no available on-street parking. The petitioner's proffered site
plan restricts off-street parking to ten (10) spaces.
During the Planning Commission public hearing, Maryellen Goodlatte, attorney,
presented the request on behalf of the petitioner. The staff report was given by
Nancy Snodgrass.
4
Joyce Oliver, 521 Liberty Road, N.E., spoke in opposition to the request and
presented a letter of opposition from Helen Daugherty (522 Courtney Avenue,
N.E.). Ms. Oliver stated that she only supported residential use of the subject
property and that no commercial use should be permitted. She expressed
concerns about the volume of current traffic in the area particularly at rush hour
in the morning and afternoons, the on-site parking's location on the side of the
subject site next to her property, and commercial encroachment into a residential
neighborhood.
Mr. Steve Talevi, Assistant City Attorney, asked that the petitioner clarify the
language included in proffer #3 of the Second Amended Petition. Mrs. Goodlatte
agreed to file a Third Amended Petition in which the phrase "shall be transparent"
in proffer #3 is revised to read "shall consist of plate glass."
Recommendation:
The Planning Commission recommended approval of the requested rezoning, as
amended by revised proffer, given the proffered site plan's consistency with
Vision 2001-2020 in the placement of the building close to the street and the
location of off-street parking to the rear of the building, the consistency of the
location with the village center concept, and the higher intensity uses in terms of
traffic volume that have been excluded by proffer.
Respectfully submitted,
City of Roanoke Planning Commission
attachments
cc: Darlene L. Burcham, City Manager
Rolanda Russell, Assistant City Manager for Community Development
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
Maryellen F. Goodlatte, Attorney for the Petitioner
IN THE COUNCIL OF THE CITY OF ROANOKE~ VIRGINIA
INRE:
Rezoning approximately 0.36 acres consisting of one (1) tract of land lying and
being in the City of Roanoke, Virginia, at the intersection of Plantation Road and
Liberty Road:
Tax Map No. 3130805
from RM-1 (Residential Multifamily District, Low Density District) to CN
(Neighborhood Commercial District).
THIRD AMENDED PETITION
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF
ROANOKE:
The Petitioners, Robert Monsour and Sandy P. Monsour, own the following property in
the City of Roanoke, Virginia: Tax Map No. 3130805.
Said tract is currently zoned RM-1 (Residential Multifamily District, Low Density
District). A map of the property to be rezoned is attached as Exhibit A.
Petitioner proposes to construct a 3,720 square foot building as shown on the concept
plan made by L. A. Gates Company, dated May, 2002, attached hereto as Exh/bit B. A user for
the building has not been identified at this point.
Vision 2001-2020 has recognized the intersection of Liberty Road and Plantation Road
as a "village center." The requested CN (Neighborhood Commercial Disthct) zoning and the
small-scale commercial use proposed for the site is appropriate for a v/llage center.
Petitioners agree that the rezoning of the property shall be subject to the following
proffered conditions:
1. The property shall be developed in substantial conformity with the site plan
made by L. A. Gates Company dated May, 2002, attached hereto as Exhibit B, subject to such
changes as may be required by the City during the comprehensive site plan review process.
2. The following uses shall not be permitted on the subject property:
a. financial institution;
b. neighborhood convenience store;
c. restaurant.
3. At least twenty percent (20%) of the fagade of the building along the Plantation
Road frontage shall consist of plate glass.
4. At least one point of access to the building shall be on Plantation Road or at the
comer of Liberty and Plantation Road.
Attached as Exhibit C are the names, addresses and tax numbers of the owners of all lots
or properties immediately adjacent to, immediately across a street or road from the property to
be rezoned.
WHEREFORE, Petitioner requests that the above-deschbed tract be rezoned as
requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke.
2
Respectfully submitted this /c) ~ day of December, 2002.
Respectfully submitted,
Robert Monsour
Sandy P. Monsour
By: ~
Maryellen F. Goodlatte, Esq.
Glenn, Feldmann, Darby & Goodlatte
P. O. Box 2887
Roanoke, Virginia 24001-2887
(540) 224-8018 - Telephone
(540) 224-8050 - Facsimile
3
uec-2O-02 12:08~ R.M. Industries Inc- 540 981 2342
Robert Monsour and Sandy P. Monsour, owners of the property subject to this third
amended petition, hereby consent to this rezoning petition and agree to be bound by the
conditions that are proffered in this third amended petition..
Robert Monsour
Sandy P. Monsour
I
1
I
!
1
ADJOINING PROPERTY OWNERS
OF
ROBERT MONSOUR AND SANDY P, MONSOUR
TAX PARCEL 3130805
0 LIBERTY ROAD, N.E.
ROANOKE, vA, 24012
Zoned RM1
TAX MAP NUMBER OWNER(S)/ADDRESSES
3100103
Danny Craig MeGuire
Meta C. McGuire
520 Liberty Road, N.E.
Roanoke, Virginia' 24012
3100102
H. A. Moses
c/o Joseph H. Moses
217 Pdcha~d Burbydge
Williamsburg, Virginia 23185
3100101
James F. Patten
504 Liberty Road, N.E.
Roanoke, Virginia 24012
3130804
Joyce A. Rhodes
c/o Joyce R. Oliver
521 Liberty Road, N.E.
Roanoke, Virgin/a 24012
3130811
Henry T. Daugherty
522 Courtney Avenue, N.W.
Roanoke, Virgirfia 24012
3130809
Lorri A. Erdmann
c/o Floyd G. Erdmann
1309 Jumping Run Drive
Goodview, Virginia 24095
3130901
John A. Fuller
Carol M. Fuller
655 Water Oak Road
Roanoke, Virg/nia 24019
3130209
Interstate Brands Corporation
P. O. Box419627
Kansas City, Missouri 64141
3100206
Liberty Rd, N
3130709
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOICE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk(~ci.roanoke.va.us
Januaw 9,2003
File #51
STEPHANIE M. MOON
Deputy City Clerk
SHEII~. N. HARTMAN
Assistant City Clerk
Maryellen F. Goodlatte, Attorney
Glenn, Feldmann, Darby & Goodlatte
P. O. Box 2887
Roanoke, Virginia 24001-2887
Dear Ms. Goodlatte:
Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of
Roanoke on Tuesday, April 6, 1981, I have advertised a public hearing for Tuesday,
January 21,2003, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the
City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue,
S. W., City of Roanoke. on the request of Robert and Sandy P. Monsour to rezone a tract
of land consisting of 0.36 acre, located at the intersection of Plantation Road and Liberty
Road, N. E., identified as Official Tax No. 3130805, from RM-1, Residential Multi-family
District, Low Density District, to CN, Neighborhood Commercial District, subject to certain
conditions proffered by the petitioners.
For your information, I am enclosing copy of a report of the City Planning Commission, a
notice of the public hearing and an Ordinance. Please review the documents and if you
have questions, you may contact Steven J. Talevi, Assistant City Attorney, at
540-853-2431. Questions with regard to the City Planning Commission report should be
directed to the Department of Planning, Building and Development at 540-853-1730.
It will be necessary for you, or your representative, to be present at the January 21
public hearing. Failure to appear could result in a deferral of the matter until a later
date.
Mary F. Parker, CMC
City Clerk
MFP:mh
Enclosure
H:\Public Hearings. O3~January 21 .att-po,lttrs.wpd
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk~ci.roanok¢.va.us
STEPHANIE M. MOON
Deputy City Clerk
SHEILok N. HARTMAN
Assistant City Clerk
Januaw 9,2003
File #51
Mr. and Mrs. Danny C. McGuire
520 Liberty Road, N. E.
Roanoke, Virginia 24012
Mr. and Mrs. John A. Fuller
655 Water Oak Road, N. E.
Roanoke, Virginia 24019
H. A. Moses, c/o Mr. Joseph H. Moses
217 Richard Burbydge
Williamsburg, Virginia 23185
Interstate Brands Corp.
P. O. Box 419627
Kansas City, Missouri 64141
Mr. James F. Patten
504 Liberty Road, N. E.
Roanoke, Virginia 24012
Ms. Joyce A. Rhodes, c/o Joyce R. Oliver
521 Liberty Road, N. E.
Roanoke, Virginia 24012
Mr. Henw T. Daugherty
522 Cou'rtney Avenue, N.W.
Roanoke, Virginia 24012
Phillip Clark, President
Hollins Road North Civic League
1222 Liberty Road, N. E.
Roanoke, Virginia 24012
Mr. Richard Hendrick
930 Missouri Avenue, N. E.
Roanoke, Virginia 24012
Ms. Lord A. Erdmann,
c/o Floyd G. Erdmann
1309 Jumping Run Drive
Goodview, Virginia 24095
Ladies and Gentlemen:
Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of
Roanoke on Tuesday, April 6, 1981, I have advertised a public hearing for Tuesday,
January 21, '2003, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the
City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on the request of Robert and Sandy P. Monsour to rezone a tract
of land consisting of 0.36 acre, located at the intersection of Plantation Road and Liberty
Road, N. E., identified as Official Tax No. 3130805, from RM-1, Residential Multi-family
District, Low Density District, to CN, Neighborhood Commercial District, subject to certain
conditions proffered by the petitioners.
N:\CKMHI\Public Hearings.03~January 21.att-po.lttrs.wpd
Interested Property Ownerand/or
Adjoining Property Owner.
January 9,2003
Page 2
The City Planning Commission is recommending that Council approve the request for
rezoning. If you would like to receive a copy of the report of the City Planning Commission,
please call the City Clerk's Office at 540-853-2541.
This letter is provided for your information as an interested property owner and/or adjoining
property owner, if you have questions with regard to the matter, please call the
Department of Planning, Building and Development at 540-853-1730.
Sincerely,
Mary F. Parker, CMC~
City Clerk
MFP:mh
H:~Public Hearings. O3LJanuary 21,att-po.lttrs.wpd
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk~ci.roanok¢.va.us
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
December 20, 2002
File #51
Robert B. Manetta, Chairperson
City Planning Commission
2831 Stephenson Avenue, S. W.
Roanoke, Virginia 24014
Dear Mr. Marietta:
Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended,
I am enclosing copy of a third amended petition received in the City Clerk's Office on
December 20, 2002, from Maryellen F. Goodlatte, Attorney, representing Robert and
Sandy P. Monsour, requesting that approximately 0.36 acre of land, consisting of one tract
located at the intersection of Plantation Road and Liberty Road, N. E., identified as Official
Tax No. 3130805, be rezoned from RM-1, Residential Multi-family District, Low Density
District, to CN, Neighborhood Commercial District.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Enclosures
H:\Rezonings - Street.Alley Closings.02\Monsour.rezoeing.third amended.wpd
Robert B. Manetta, Chair
December 20, 2002
Page 2
pc:
The Honorable Mayor and Members of the Roanoke City Council
Maryellen F. Goodlatte, Attorney, Glenn, Feldmann, Darby & Goodlatte, P. O. Box
2887, Roanoke, Virginia 24001-2887
Willard N. Claytor, Director, Real Estate Valuation
Evelyn D. Dorsey, Zoning Administrator
Martha P. Franklin, Secretary, City Planning Commission
Ronald L. Smith, Building Commissioner
Philip C. Schirmer, City Engineer
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
H:\Rezonings - Street.Alley Closings.02\Monsour.rezoning.third amended.wpd
NOTICE OF PUBLIC HEARING BEFORE THE CITY OF ROANOKE PLANNING
COMMISSION
TO WHOM IT MAY CONCERN:
The City of Roanoke Planning Commission will hold a public heating on Thursday, December
19, 2002, at 1:30 p.m., or as soon as the matter may be heard, in the City Council Chamber,
fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., to consider the
following:
Request from Robert and Sandy P. Monsour, represented by Maryellen F. Goodlatte,
attorney, that property located at the intersection of Plantation and Liberty Roads, N.E.,
designated as Official Tax No. 3130805, be rezoned from RM-1, Residential
Mulfifamily, Low Density District, to CN, Neighborhood Commercial District.
A copy of said application is available for review in the Department of Planning Building
and Development, Room 166, Noel C. Taylor Municipal Building.
All parties in interest and citizens may appear on the above date and be heard on the
matter. If you are a person who needs accommodations for this hearing, please contact the
Department of Planning Building and Development at 853-1730 before 12:00 noon on the
Monday before the date of the hearing listed above.
Martha P. Franklin, Secretary
City of Roanoke Planning Commission
Please print in newspaper on December 3 and 10, 2002
Please bill:
Maryellen F. Goodlatte, Esq.
Glenn, Feldmarm, Darby & Goodlatte
P O Box 2887
Roanoke, VA 24001-28876
(540) 224-8018
Please send affidavit of publication to:
Department of Planning Building and Development
Room 166, Municipal Building
215 Chumh Avenue, SW
Roanoke, VA 24011
TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA
PERTAINING TO THE REZONING REQUEST OF:
Robert and Sandy Monsour, Liberty Road, N.E.
Tax No. 3130805, from RM-1 to CN
)AFFI DAVIT
)
COMMONWEALTH OF VIRGINIA )
) TO-WIT:
CITY OF ROANOKE )
The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary
to the Roanoke City Planning Commission, and as such is competent to make this
affidavit of her own personal knowledge. Affidavit states that, pursuant to the
provisions of Section 15.2-2204, Code of Virginia, (1950), as amended, on behalf of the
Planning Commission of the City of Roanoke, she has sent by first-class mail on the 3rd
day of December, 2002, notices of a public hearing to be held on the 19th day of
December, 2002,on the rezoning captioned above to the owner or agent of the parcels
listed below at their last known address:
Parcel Owner's Name
3100103 Danny Craig and Meta C. McGuire
3100102
3100101
H. A. Moses
c/o Joseph H. Moses
James F. Patten
3130804
3130811
Joyce A. Rhodes
c/o Joyce R. Oliver
Henry T. Daugherty
3130809
Lorri A. Erdmann
c/o Floyd G. Erdmann
3130901
John A. Fuller
Carol Fuller
3130209
Interstate Brands Corporation
c/o Tax Dept. No. 250000WO
NOTIFICATION ALSO MAILED TO:
Phillip Clark, Pmsident
Hollins Road North Civic League
1222 Liberty Road, NE
Roanoke, VA 24012
Richard Hendrick
930 Missouri Avenue, NE
Roanoke, VA 24012
Mailing Address
520 Liberty Road, NE
Roanoke, VA 24012
217 Richard Burbydge
Williamsburg, VA 23185
504 Liberty Road, NE
Roanoke, VA 24012
521 Liberty Road, NE
Roanoke, VA 24012
522 Courtney Avenue, NW
Roanoke, VA 24012
1309 Jumping Run Drive
Goodview, VA 24095
544 Water Oak Road
Roanoke, VA 24019
P O Box 419627
Kansas City, MO 64141
Rick Williams, President, WRAF
3725 Sunrise Avenue, NW
Roanoke, VA 24012
Andy Friedman
2623 Vancouver Drive, NW
Roanoke, VA 24012
David Wood
3802 Greenland Avenue
Roanoke, VA 24012
Doug Trout
169 Maplelawn Avenue, NE
Roanoke, VA 24012
Martha Pace Franklin
SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke,
Virginia, this 3rd day of December, 2002
/Notary Public
My Commission Expires: /~'~ -~¢ ¢2¢¢'~¢
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540} 853-2541
Fax: (540) 853-1145
E-mail: clerk~ci.roanok¢.va.us
STEPHANIE M. MOON
D~puty City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
December 17, 2002
File #51
Robert B. Manetta, Chairperson
City Planning Commission
2831 Stephenson Avenue, S. W.
Roanoke, Virginia 24014
Dear Mr. Manetta:
Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended,
I am enclosing copy of a second amended petition received in the City Clerk's Office on
December 13, 2002, from Maryellen F. Goodlatte, Attorney, representing Robert and
Sandy P. Monsour, requesting that approximately 0.36 acre of land, consisting of one tract
located at the intersection of Plantation Road and Liberty Road, N. E., identified as Official
Tax No. 3130805, be rezoned from RM-1, Residential Multi-family District, Low Density
District, to CN, Neighborhood Commercial District.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Enclosures
H:\Rezonings - Street.Alley Closings,02\Monsour.rezoning.second amended.wpd
Robert B. Manetta, Chair
December 17, 2002
Page 2
pc:
The Honorable Mayor and Members of the Roanoke City Council
Maryellen F. Goodlatte, Attorney, Glenn, Feldmann, Darby & Goodlatte, P. O. Box
2887, Roanoke, Virginia 24001-2887
Willard N. Claytor, Director, Real Estate Valuation
Evelyn D. Dorsey, Zoning Administrator
Martha P. Franklin, Secretary, City Planning Commission
Ronald L. Smith, Building Commissioner
Philip C. Schirmer, City Engineer
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
H:\Rezonings - Street.Alley Closings.02\Monsour.rezoning.second amended.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE~ VIRGINIA
INRE:
Rezoning approximately 0J6 acres consisting of one (1) tract of land lying and
being in the City of Roanoke, Virginia, at the intersection of Plantation Road and
Liberty Road:
Tax Map No. 3130805
from RM-1 (Residential Multifamily District, Low Density District) to CN
(Neighborhood Commercial District).
SECOND AMENDED PETITION
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF
ROANOKE:
The Petitioners, Robert Monsour and Sandy P. Monsour, own the following property in
the City of Roanoke, Virginia: Tax Map No. 3130805.
Said tract is currently zoned RM-I (Residential Multifamily District, Low Density
District). A map of the property to be rezoned is attached as Exhibit A.
Petitioner proposes to construct a 3,720 square foot building as shown on the concept
plan made by L. A. Gates Company, dated May, 2002, attached hereto as Exhibit B. A user for
the building has not been identified at this point.
Vision 2001-2020 has recognized the intersection of Liberty Road and Plantation Road
as a "village center." The requested CN (Neighborhood Commercial District) zoning and the
small-scale commercial use proposed for the site is appropriate for a village center.
Petitioners agree that the rezoning of the property shall be subject to the following
proffered conditions:
1. The property shall be developed in substantial conformity with the site plan
made by L. A. Gates Company dated May, 2002, attached hereto as Exhibit B, subject to such
changes as may be required by the City during the comprehensive site plan review process.
2. The following uses shall not be permitted on the subject property:
a. financial institution;
b. neighborhood convenience store;
c. restaurant.
3. At least twenty percent (20%) of the faCade of the building along the Plantation
Road frontage shall be transparent.
4. At least one point of access to the building shall be on Plantation Road or at the
comer of Liberty and Plantation Road.
Attached as Exhibit C are the names, addresses and tax numbers of the owners of all lots
or properties immediately adjacent to, immediately across a street or road from the property to
be rezoned.
WHEREFORE, Petitioner requests that the above-described tract be rezoned as
requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke.
2
Respectfully submitted this
/~Y~ day of Decemb~, 2002.
Respectfully submitted,
Robert Monsour
Sandy P. Monsour
By: ~ ~' ~
Maryellen F. Goodlatte, Esq.
Glenn, Feldmann, Darby & Goodlatte
P. O. Box 2887
Roanoke, Virginia 24001-2887
(540) 224-8018 - Telephone
(540) 224-8050 - Facsimile
De¢-13-02 IO:01A R.M. Industries Inc. 540 981 2342 P-02
Robert Monsour and Sandy P. Monsour, owners of the property subject to this second
amended petition, hereby consent to this rezoning petition and agree to be bound by the
conditions that are proffered in this second amended petition..
Robert Monsour
Sandy P. Monsour
'x
ADJOINING PROPERTY OWNERS
OF
ROBERT MONSOUR AND SANDY P. MONSOUR
TAX PARCEL 3130805
0 LIBERTY ROAD, N.E.
ROANOKE, VA 24012
Zoned RM1
TAX MAP NUMBER OWNER(S)/ADDRESSES
3100103
Darmy Craig McGuire
Meta C. McGuire
520 Liberty Road, N.E.
Roanoke, Virginia 24012
3100102
H.A. Moses
Ho Joseph H. Moses
217PdchardBurbydge
Williamsburg, Virginia 23185
3100101
James F. Patten
504 Liberty Road, N.E.
Roanoke, Virginia 24012
3130804
Joyce A. Rhodes
Ho JoyceR. Oliver
521LibertyRoad, N.E.
Roanoke, Virginia 24012
3130811
Henry T. Daugherty
522 Courtney Avenue, N.W.
Roanoke, Virgima 24012
3130809
Lorri A. Erdmarm
c/o Floyd G. Erdmarm
1309 Jumping Run Drive
Goodview, Virginia 24095
3130901
John A. Fuller
Carol M. Fuller
655 Water Oak Road
Roanoke, Virginia 24019
3130209
Interstate Brands Corporation
P. O. Box 419627
Kansas City, Missouri 64141
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
F~x: {540) 853-1145
E-mail: clcrk~ci.roanoke.v~.us
STEPHAN1E M. MOON
l~puty City Clerk
SHEIL~ N. HARTMAN
Assistant City Clerk
December 11,2002
File #51
Robert B. Manetta, Chairperson
City Planning Commission
2831 Stephenson Avenue, S. W.
Roanoke, Virginia 24014
Dear Mr. Manetta:
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 received in the City Clerk's Office on
December 10, 2002, from Maryellen F. Goodlatte, Attorney, representing Robert and
Sandy P. Monsour, requesting that approximately 0.36 acre of land, consisting of one tract
lying in the City of Roanoke, located at 0 Liberty Road, 1'4. E., at the intersection of
Plantation Road and Liberty Road, identified as Official Tax No. 3130805, be rezoned from
RM-1, Residential Multi-family District, Low Density District, to CN, Neighborhood
Commercial District.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Enclosures
N:\CKMHl\Rezonings - Street.Alley Closings.02\Monsour,rezoning.amended.wpd
Robert B. Manetta, Chair
December 11,2002
Page 2
pc~
The Honorable Mayor and Members of the Roanoke City Council
Maryellen F. Goodlatte, Attorney, Glenn, Feldmann, Darby & Goodlatte, P. O. Box
2887, Roanoke, Virginia 24001-2887
Willard N. Claytor, Director, Real Estate Valuation
Evelyn D. Dorsey, Zoning Administrator
Madha P. Franklin, Secretary, City Planning Commission
Ronald L. Smith, Building Commissioner
Philip C. Schirmer, City Engineer
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
N:\CKMHl\Rezonings - Street. Alley Closings.02\Monsour. rezoning.amended.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
INRE:
Rezoning approximately 0.36 acres consisting of one (1) tract of land lying and
being in the City of Roanoke, Virginia, and briefly described as 0 Liberty Road,
N.E., at the intersection of Plantation Road and Liberty Road:
Tax Map No. 3130805
from RM-1 (Residential Multifamily District, Low Density District) to CN
(Neighborhood Commercial District).
AMENDED PETITION
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF
ROANOKE:
The Petitioners, Robert Monsour and Sandy P. Monsour, own the following property in
the City of Roanoke, Virginia: Tax Map No. 3130805, 0 Liberty Road, N.E.
Said tract is currently zoned RM-1 (Residential Multifamily District, Low Density
District). A map of the property to be rezoned is attached as Exhibit A.
Petitioner proposes to construct a 3,720 square foot building as shown on the concept
plan made by L. A. Gates Company, dated May, 2002, attached hereto as Exhibit B. A user for
the building has not been identified at this point.
Vision 2001-2020 has recognized the intersection of Liberty Road and Plantation Road
as a "village center." The requested CN (Neighborhood Commercial District) zoning and the
small-scale commercial use proposed for the site is appropriate for a village center.
Petitioners agree that the rezoning of the property shall be subject to the following
proffered conditions:
1. The property shall be developed in substantial conformity with the concept plan
made by L. A. Gates Company dated May, 2002, attached hereto as Exhibit B, subject to such
changes as may be required by the City during the comprehensive site plan review process.
2. The following uses shall not be permitted on the subject project:
a. financial institution;
b. neighborhood convenience store;
c. restaurant, except that a catering business providing food for off-premises
consumption shall not be excluded.
3. At least twenty percent (20%) of the facade of the building along the Plantation
Road frontage shall be transparent.
4. At least one point of access to the building shall be on Plantation Road or at the
comer of Liberty and Plantation Road.
Attached as Exhibit C are the names, addresses and tax numbers of the owners of all lots
or properties immediately adjacent to, immediately across a street or road from the property to
be rezoned.
WHEREFORE, Petitioner requests that the above-described tract be rezoned as
requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke.
Respectfully subrmtted this /0 ~
day of December, 2002.
Respectfully submitted,
Robert Monsour
Sandy P. Monsour
By: ~
Maryellen F. Goodlatte, Esq.
Glenn, Feldmann, Darby & Goodlatte
P. O. Box 2887
Roanoke, Virginia 24001-2887
(540) 224-8018 - Telephone
(540) 224-8050 - Facsimile
3
Dec-lO-02 02:45P R.M. Industries Inc. 540 981 2342 P.02
Robert Monsour and Sandy P. Monsour, o~xmers of the property subject to this amended
petition, hereby consent to this rezoning petition and agree to be bound by the conditions that
are proffercd in this amended petition..
Robert Monsour
'"-;7
ADJOINING PROPERTY OWNERS
OF
ROBERT MONSOUR AND SANDY P. MONSOUR
TAX PARCEL 3130805
0 LIBERTY ROAD, N.E.
ROANOKE, VA 24012
Zoned RM1
TAX MAP NUMBER OWNER(S)/ADDRESSES
3100103
Danny Craig McGuire
Meta C. McGuire
520 Liberty Road, N.E.
Roanoke, Virginia 24012
3100102
H. A. Moses
c/o Joseph H. Moses
217 Richard Burbydge
Williamsburg, Virginia 23185
3100101
James F. Patten
504 Liberty Road, N.E.
Roanoke, Virginia 24012
3130804
Joyce A. Rhodes
c/o Joyce R. Oliver
521 Liberty Road, N.E.
Roanoke, Virginia 24012
3130811
Henry T. Daugherty
522 Courmey Avenue, N.W.
Roanoke, Virginia 24012
3130809
Lorri A. Erdmann
c/o Floyd G. Erdmarm
1309 Jumping Run Drive
Goodview, Virginia 24095
3130901
John A. Fuller
Carol M~ Fuller
655 Water Oak Road
Roanoke, Virginia 24019
3130209
Interstate Brands Corporation
P. O. Box 419627
Kansas City, Missouri 64141
TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA
PERTAINING TO THE REZONING REQUEST OF:
Robert and Sandy Monsour, Liberty Road, N.E.
Tax No. 3130805, from RM-1 to CN
)AFFIDAVIT
)
COMMONWEALTH OF VIRGINIA )
) TO-WIT:
CITY OF ROANOKE )
The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary
to the Roanoke City Planning Commission, and as such is competent to make this
affidavit of her own personal knowledge. Affidavit states that, pursuant to the
provisions of Section 15.2-2204, Code of Virginia, (1950), as amended, on behalf of the
Planning Commission of the City of Roanoke, she has sent by first-class mail on the
23rd day of August, 2002, notices of a public hearing to be held on the 19th day of
September, 2002,on the rezoning captioned above to the owner or agent of the parcels
listed below at their last known address:
Parcel
Owner's Name
Mailinq Address
3100103
Danny Craig and Meta C. McGuire
520 Liberty Road, NE
Roanoke, VA 24012
3100102
H. A. Moses
c/o Joseph H. Moses
217 Richard Burbydge
Williamsburg, VA 23185
3100101
James F. PaAen
504 Liberty Road, NE
Roanoke, VA 24012
3130804
Joyce A. Rhodes
c/o Joyce R. Oliver
521 Liberty Road, NE
Roanoke, VA 24012
3130811
Henry T. Daugherty
522 Courtney Avenue, NW
Roanoke, VA 24012
3130809
Lord A. Erdmann
c/o Floyd G. Erdmann
1309 Jumping Run Drive
Goodview, VA 24095
3130901 John A. Fuller
Carol Fuller
544 Water Oak Road
Roanoke, VA 24019
3130209
Interstate Brands Corporation
c/o Tax Dept. No. 250000WO
P O Box 419627
Kansas City, MO 64141
NOTIFICATION ALSO MAILED TO:
Phillip Clark, President
Hollins Road North Civic League
1222 Liberty Road, NE
Roanoke, VA 24012
Richard Hendrick
930 MissoudAvenue, NE
Roanoke, VA 24012
Rick Williams, President, WRAF
3725 Sunrise Avenue, NW
Roanoke, VA 24012
Andy Friedman
2623 Vancouver Drive, NW
Roanoke, VA 24012
David Wood
3802 Greenland Avenue
Roanoke, VA 24012
Doug Trout
169 Maplelawn Avenue, NE
Roanoke, VA 24012
Mar[ha Pace Franklin
SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke,
Virginia, this 23rd day of August, 2002.
Notary Public
My Commission Expires:~,;~.
NOTICE OF PUBLIC HEARING BEFORE THE CITY OF ROANOKE PLANNING
COMMISSION
TO WHOM IT MAY CONCERN:
The City of Roanoke Planning Commission will hold a public heating on Thursday, August 15,
2002, at 1:30 p.m., or as soon as the matter may be heard, in the City Council Chamber, fourth
floor, Noel C. Taylor Municipal.Building, 215 Church Avenue, S.W., to consider the following:
Request from Robert and Sandy P. Monsour, represented by Maryellen F. Goodlatte,
attorney, that property located at the intersection of Plantation and Liberty Roads, N.E.,
designated as Official Tax No. 3130805, be rezoned from RM-I, Residential Multifamily,
Low Density District, to CN, Neighborhood Commercial District.
A copy of said application is available for review in the Department of Planning Building
and Development, Room 166, Noel C. Taylor Municipal Building.
All parties in interest and citizens may appear on the above date and be heard on the
matter. If you are a person who needs accommodations for this heating, please contact the
Department of Planning Building and Development at 853-1730 before 12:00 noon on the
Monday before the date of the hearing listed above.
Martha P. Franklin, Secretary
City of Roanoke Planning Commission
Please print in newspaper on Tuesday, July 30 and August 6, 2002.
Please bill:
Maryellen F. Goodlatte, Esq.
Glenn, Feldmann, Darby & Goodlatte
P O Box 2887
Roanoke, VA 24001-28876
(540) 224-8018
Please send affidavit of pubhcation to:
Department of Planning Building & Dev.
Room 166, Municipal Building
215 Church Avenue, S.W.
Roanoke, VA 24011
(540) 853-1730
TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA
RECEIVED
CITY CLERKS 0 F,
PERTAINING TO THE REZONING REQUEST OF:
Robert and Sandy Monsour, Liberty Road, N.E. '02 ¢/~Fi~A~28
Tax No. 3130805, from RM-1 to CN )
COMMONWEALTH OF VIRGINIA )
) TO-WIT:
CITY OF ROANOKE )
The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary
to the Roanoke City Planning Commission, and as such is competent to make this
affidavit of her own personal knowledge. Affidavit states that, pursuant to the
provisions of Section 15.2-2204, Code of Virginia, (1950), as amended, on behalf of the
Planning Commission of the City of Roanoke, she has sent by first-class mail on the
19th day of July, 2002, notices of a public hearing to be held on the 15th day of August,
2002,on the rezoning captioned above to the owner or agent of the parcels listed below
at their last known address:
Parcel
3100103
Owner's Name
Danny Craig and Meta C. McGuire
3100102
3100101
H. A. Moses
c/o Joseph H. Moses
James F. Patten
3130804
3130811
Joyce A. Rhodes
c/o Joyce R. Oliver
Henry T. Daugherty
3130809
3130901
3130209
Lorri A. Erdmann
c/o Floyd G. Erdmann
John A. Fuller
Carol Fuller
Interstate Brands Corporation
c/o Tax Dept. No. 250000WO
NOTIFICATION ALSO MAILED TO:
~ddress
520 Liberty Road, NE
Roanoke, VA 24012
217 Richard Burbydge
Williamsburg, VA 23185
504 Liberty Road, NE
Roanoke, VA 24012
521 Liberty Road, NE
Roanoke, VA 24012
522 Courtney Avenue, NW
Roanoke, VA 24012
1309 Jumping Run Drive
Goodview, VA 24095
544 Water Oak Road
Roanoke, VA 24019
P O Box 419627
Kansas City, MO 64141
Phillip Clark, President
Hollins Road North Civic League
1222 Liberty Road, NE
Roanoke, VA 24012
Richard Hendrick
930 Missouri Avenue, NE
Roanoke, VA 24012
Rick Williams, President, WRAF
3725 Sunrise Avenue, NW
Roanoke, VA 24012
Andy Friedman
2623 Vancouver Drive, NW
Roanoke, VA 24012
David Wood
3802 Greenland Avenue
Roanoke, VA 24012
Doug Trout
169 Maplelawn Avenue, NE
Roanoke, VA 24012
Martha Pace Franklin
SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke,
Virginia, this 19th day of July, 2002
My Commission Expires:~,
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W. Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@ci.roanoke.va.us
June 28,2002
File #51
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant Deputy City Clerk
Robert B. Manetta, Chairperson
City Planning Commission
2831 Stephenson Avenue, S. W.
Roanoke, Virginia 24014
Dear Mr. Manetta:
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 received in the City Clerk's Office on June 26, 2002, from
Maryellen F. Goodlatte, Attorney, representing Robert Monsour and Sandy P. Monsour,
requesting that approximately 0.36 acre of land, consisting of one tract lying in the City of
Roanoke, located at 0 Liberty Road, N. E., at the intersection of Plantation Road and
Liberty Road, identified as Official Tax No. 3130805, be rezoned from RM-1, Residential
Multifamily District, Low Density District, to CN, Neighborhood Commercial District.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Enclosures
Robert B. Manetta
June 28, 2002
Page 2
pc:
The Honorable Mayor and Members of the Roanoke City Council
The Honorable M. Rupert Cutler, Council Member - Elect, 2865 South Jefferson
Street, Roanoke, Virginia 24014
The Honorable Alfred T. Dowe, Jr., Council Member - Elect, 2711 Kirkland Drive,
N. W., Roanoke, Virginia 24017
Maryellen F. Goodlatte, Attorney, Glenn, Feldmann, Darby & Goodlatte, P. O. Box
2887, Roanoke, Virginia 24001-2887
Willard N. Claytor, Director, Real Estate Valuation
Evelyn D. Dorsey, Zoning Administrator
Martha P. Franklin, Secretary, City Planning Commission
Ronald L. Smith, Buil~ling Commissioner
Philip C. Schirmer, City Engineer
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
IN THE COUNCIL OF THE CITY OF ROANOKE~ VIRGINIA
IN RE:
Rezoning approximately 0.36 acres consisting of one (1) tract of land lying and being
in the City of Roanoke, Virginia, and briefly described as 0 Liberty Road, N.E., at the
intersection of Plantation Road and Liberty Road:
Tax Map No. 3130805
from RM-1 (Residential Multifamily District, Low Density District) to CN
(Neighborhood Commercial District).
PETITION
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF
ROANOKE:
The Petitioners, Robert Monsour and Sandy P. Monsour, own the following property in the
City of Roanoke, Virginia: Tax Map No. 3130805, 0 Liberty Road, N.E.
Said tract is currently zoned RM-1 (Residential Multifamily District, Low Density District).
A map of the property to be rezoned is attached as Exhibit A.
Petitioner proposes to construct a 4,000 square foot building as shown on the concept plan
made by L. A. Gates Company, dated May, 2002, attached hereto as Exhibit B. A catering
establishment would occupy part of the building. A user for the rest of the building has not been
identified at this point.
Vision 2001-2020 has recognized the intersection of Liberty Road and Plantation Road as a
"village center." The requested CN (Neighborhood Commercial District) zoning and the
small-scale commercial use proposed for the site is appropriate for a village center.
Attached as Exhibit C are the names, addresses and tax numbers of the owners of all lots or
properties immediately adjacent to, immediately across a street or road from the property to be
rezoned.
WHEREFORE, Petitioner requests that the above-described tract be rezoned as requested in
accordance with the provisions of the Zoning
Respectfully submitted this ~ (~
Ordinance of the City of Roanoke.
day of June, 2002.
Respectfully submitted,
Robert Monsour
Sandy P. Monsour
By: ~cl~lJ-.~r,, F'~~'~
of O~unsel
Maryellen F. Goodlatte, Esq.
Glenn, Feldmann, Darby & Goodlatte
P. O. Box 2887
Roanoke, Virginia 24001-2887
(540) 224-8018 - Telephone
(540) 224-8050 - Facsimile
2
Robert Monsour and Sandy P. Monsour, owners of the propcu-ty subject to this petition, hereby
consent to this rezoning petition. 1~ /~ .~~~°~~
Sandy P. Mounsour
/ c:) ~
.I
ADJOINING PROPERTY OWNERS
OF
ROBERT MONSOUR AND SANDY P. MONSOUR
TAX PARCEL 3130805
0 LIBERTY ROAD, N.E.
ROANOKE, VA 24012
Zoned RM1
TAX M. AP NUMBER OWNER(S)/ADDRESSES
3100103
Danny Craig McGuire
Meta C. McGuire
520 Liberty Road, N.E.
Roanoke, Virginia 24012
3100102
H. A. Moses
c/o Joseph H. Moses
217 Richard Burbydge
Williamsburg, Virginia 23185
3100101
James F. Patten
504 Liberty Road, N.E.
Roanoke, Virginia 24012
3130804
JoyceA. Rhodes
c/0 JoyceR. Oliver
521LibertyRoad, N.E.
Roanoke, Virginia 24012
3130811
Henry T. Daugherty
522 Courtney Avenue, N.W.
Roanoke, Virginia 24012
3130809
Lorn A. Erdmann
c/o Floyd G. Erdmarm
1309 Jumping Run Dr/ye
Goodview, Virginia 24095
3130901
John A. Fuller
Carol M. Fuller
655 Water Oak Road
Roanoke, Virginia 24019
3130209
Interstate Brands Corporation
P. O. Box 419627
Kansas City, Missouri 64141
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
CITY CL K' 3 JAN 21
The Roanoke Times
GLENN, FELDMANN, DAR
PO BOX 2887
ATTN: MARYELLEN GOOD
ROANOKE VA 24001
REFERENCE: 80025065
02049580
State of Virginia
City of Roanoke
Plantation/Liberty
I, (the undersigned) an authorized representative
of the Times-World Corporation, which corporation
is publisher of the Roanoke Times, a daily
newspaper published in Roanoke, in the State of
Virginia, do certify that the annexed notice was
published in said newspapers on the following
dates:
City/County of Roanoke, Commonwealth/State of
V~nla. Sworn and subscribed before me this
~_L~L___day of January 2003. Witness my hand and
Mv~com~--~ .... ~~_____~_ Not sty Public
~y/com~lsslon expires ------~k_--'~3C~ ..... .
oi/io
PUBLISHED ON: 01/03
248.40
01/17/03
FILBD ON:
Au t h o r i z e d __~___~_~_~__ ___~_~___
Signature:_ - .... , Billing Services Representative
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
Tuesday, January 21, 2003, at 7:00 p.m., in the Council Chamber in the Noel C. Taylor
Municipal Building, 215 Church Avenue, S.W., on the question of rezoning from RM-1,
Residential Multi-Family, Lo,v-Density District, to CN, Neighborhood Commercial District,
subject to certain proffers, the following property:
That tract of land consisting of 0.36 acres located at the intersection of
Plantation and Liberty Roads, N.E., designated as Official Tax Map Number
3130805.
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.
If you are a person with a disability who needs accommodations for this public
hearing, contact the City Clerk's Office, 853-2541, by Thursday, January 16, 2003.
GIVEN under my hand this 30th day of December , 2002.
Mary F. Parker, City Clerk.
Notice to Publisher:
Publish in the Roanoke Times once on Friday, January 3, 2003, and once on Friday,
January 10, 2003.
Send affidavit to:
Mary F. Parker, City Clerk
215 Church Avenue, S. W.
Roanoke, Virginia 24011
(540) 853-2541
Send bill to:
Maryellen F. Goodlatte, Attorney
P. O. Box 2887
Roanoke, Virginia 24001-2887
(540) 224-8018
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Chumh Avenue, S.W., Room 456
Roanoke, Virginia 24011-I 536
Telephone: (540) 853-2541
F~x: (540) 853-1145
E-mail: clerk~ci.roanok¢.va.us
January 28,2003
File #51
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Maryellen F. Goodlatte, Attorney
Glenn, Feldmann, Darby & Goodlatte
P. O. Box 2887
Roanoke, Virginia 24001-2887
Dear Ms. Goodlatte:
I am enclosing copy of Ordinance No. 36215-012103 rezoning a tract of land consisting
of 0.36 acre, located at the intersection of Plantation Road and Liberty Road, N. E.,
identified as Official Tax No. 3130805, from RM-1, Residential Multi4amily, Low Density
District, to CN, Neighborhood Commercial District, subject to certain conditions proffered
by the petitioners.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Tuesday, January 21, 2003, and is in full force and
effect upon its passage.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Enclosure.
pc:
Mr. and Mrs. Danny C. McGuire, 520 Liberty Road, N. E., Roanoke, Virginia 24012
Mr. H. A. Moses, c/o Mr. Joseph H.. Moses, 217 Richard Burbydge, Williamsburg,
Virginia 23185
Mr. James F. Patten, 504 Liberty Road, N. E., Roanoke, Virginia 24012
Ms. Joyce A. Rhodes, c/o Ms. Joyce R. Oliver, 521 Liberty Road, N. E., Roanoke,
Virginia 24012
Mr. Henry T. Daugherty, 522 Courtney Avenue, N. W., F~oanoke, Virginia 24012
~ . H:~Agenda.03\January 21, 2003 correspondence.wp;
Ma~ellen F. Goodlatte, Attorney
Janua~ 28,2003
Page 2
pc~
Ms. Lord A. Erdmann, c/o Mr. Floyd G. Erdmann, 1309 Jumping Run Drive,
Goodview, Virginia 24095
Mr. and Mrs. John A. Fuller, 655 Water Oak Road, N. E., Roanoke, Virginia 24019
Interstate Brands Corp., P. O. Box 419627, Kansas City, Missouri 64141
Phillip Clark, President, Hollins Road North Civic League, 1222 Liberty Road, N. E.,
Roanoke, Virginia 24012
Mr. Richard Hendrick, 930 Missouri Avenue, N. E., Roanoke, Virginia 24012
Dadene L. Burcham, City Manager
Rolanda A. Russell, Assistant City Manager for Community Development
Willard N. Claytor, Director, Real Estate Valuation
Evelyn D. Dorsey, Zoning Administrator
Mar[ha P. Franklin, Secretary, City Planning Commission
Ronald L. Smith, Building Commissioner
Philip C. Schirmer, City Engineer
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
,~' H:~Age~8~ary2.11.,2003 correspondence.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21st day of January, 2003.
lqo. 36215-012103.
AN ORDINANCE to amend §36.1~3, Code of the City of Roanoke (1979), as
amended, and Sheet No. 313, Sectional 1976 Zone Map, City of Roanoke, to rezone certain
property within the City, subject to certain conditions proffered by the applicants; and
dispensing with the second reading of this ordinance by title.
WHEREAS, Robert Monsour and Sandy P. Monsour, have made application to the
Council of the City of Roanoke to have the hereinafter described property rezoned from RM-
1, Residential Multifamily District, Low Density District, to CN, Neighborhood Commercial
District, subject to certain conditions proffered by the applicants; 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 heating was held by City Council on said application at its
meeting on January 21, 2003, after due and timely notice thereof as required by §36.1-693,
Code of the City of Roanoke (I 979), 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 heating, is of the opinion that
the hereinafter described property should be rezoned as herein provided.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that:
1. Section 36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet
No. 313 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following
particular and no other:
That tract of land consisting of 0.36 acres located at the intersection of Plantation and
Liberty Roads, N.E., designated as Official Tax Map Number 3130805, be, and is hereby
rezoned from RM-1, Residential Multifamily District, Low Density District, to CN,
Neighborhood Commercial District, subject to the proffers contained in the Third Amended
Petition filed in the Office of the City Clerk on December 20, 2002, and that Sheet No. 313
of the Zone Map be changed in this respect.
2. Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
Architectural Review Board
Board of Zoning Appeals
Planning Commission
CITY OF ROANOKE
PLANNING BUILDING AND DEVELOPMENT
215 Church Avenue, S.W., Room 166
Roanoke, Virginia 24011
Telephone: (540) 853-1730 Fax: (540) 853-1230
E-mail: pla n ning@ci.roanoke, va.us
Janua~ 21,2003
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Vice Mayor
Honorable William H. Carder, Council Member
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable William D. Bestpitch, Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject:
Request from Robert and Sandy P. Monsour, represented by
Maryellen F. Goodlatte, attorney, that property located at the
intersection of Plantation and Liberty Roads, N.E., designated as
Official Tax No. 3130805, be rezoned from RM-1, Residential
Multifamily, Low Density District, to CN, Neighborhood Commercial
District, such rezoning to be subject to certain conditions proffered
by the petitioner.
Planning Commission Action:
Public hearing was held on Thursday, December 19, 2002, and by a vote of 5-1
(Messrs. Butler, Campbell, Chrisman, Hill and Manetta voting in favor, Mr. Rife
voting against, and Mr. Williams absent), the Planning Commission
recommended approval of the request.
Background:
A Petition to Rezone the subject property was filed on June 26, 2002. The
petitioner submitted a request for a continuance on July 29, 2002. The petitioner
submitted a second request for a continuance on August 26, 2002, requesting
that the Planning Commission hear the matter in December 2002. An Amended
Petition was filed on December 10, 2002, a Seconded Amended petition was
filed on December 13, 2002, and a Third Amended Petition was filed on
December 20, 2002, with the following proffered conditions:
1. The property shall be developed in substantial conformity with the site
plan made by L. A. Gates Company, dated May, 2002, attached hereto as
Exhibit B, subject to such changes as may be required by the City during
the comprehensive site plan review process.
2. The following uses shall not be permitted on the subject property:
a. financial institution;
b. neighborhood convenience store;
c. restaurant.
3. At least twenty percent (20%) of the fa(;ade of the building along the
Plantation Road frontage shall consist of plate glass.
4. At least one point of access to the building shall be on Plantation Road or
at the corner of Liberty and Plantation Road.
The 0.36-acre tract to be rezoned is vacant.
Considerations:
The subject property, located at the intersection of Plantation Road and Liberty
Road N.E., is zoned RM-1, Residential Multifamily, Low Density. Surrounding
tracts on the west side of Plantation Road (north, south, and west of the subject
property) are zoned RM-1, Residential Multifamily, Low Density. Tracts on the
east side of Plantation Road are zoned LM, Light Manufacturing.
Surrounding land uses include a single-family residence and a vacant lot across
Liberty Road from the subject property. The northeast corner property at the
Plantation and Liberty Road intersection is the location of Rainbo Bakery, while a
convenience store is located on the property directly across Plantation Road at
the southeast corner of the intersection. The abutting properties along Liberty
Road and on Plantation Road are single-family residential.
The petitioner proposes to construct a 3,720 square foot building on the property
as proffered by a site plan. A user for the building has not been identified.
The petitioner's proffered site plan includes two points of access. Access on
Plantation Road will be to the side of the building, while the access on Liberty
Road will be to the rear of the building. Each point of access is situated at the
greatest distance possible from the intersection. In its evaluation of the petition
and proffered site plan, the City's Transportation Division delineated the following
two traffic concerns, both related to access to the subject property:
The proximity of the proposed Liberty Road driveway to the signal at the
intersection of Liberty and Plantation Roads may create operational
issues for a left turn into the Liberty Road driveway that may be blocked
because of traffic stacked at the signal.
Sight distance is limited at the point of access on Plantation Road. This is
an issue for vehicles turning left off of Plantation Road into the site and
vehicles turning left out of the site.
2
In order to limit traffic impact, the petitioner has proffered that certain high
intensity uses will be prohibited on the subject property. The prohibition of
financial institutions, neighborhood convenience stores, and restaurants, uses
that are otherwise permitted in a CN, Neighborhood Commercial District, should
limit traffic volume utilizing the two proposed driveways for the site.
Although not specifically identified in Vision 2001-2020 as a village center, the
location of the subject property is consistent with the concept of a neighborhood
village center. In accordance with Vision 2001-2020, village centers vary in size
based on the scale of buildings and the customer base served. With its location
at a key intersection and proximity to residential neighborhoods, the subject
property is in an ideal location for a small neighborhood village center. A
convenience store is established on Plantation Road directly opposite the subject
property on the southeast corner of the Plantation/Liberty Road intersection.
The subject property would provide definition to the intersection and a small
village center.
· It is located at a key intersection of two arterial streets that carry local and
commuter traffic.
With the identity of this area as a potential village center, the rezoning of
this subject property to CN, Neighborhood Commercial, would define the
focus of the intersection for village center development in accordance with
Vision 2001-2020.
Development of the site as proposed is consistent with the following policies of
Vision 2001-2020:
A "Small Village/Neighborhood Center" is located on a major
thoroughfare. The center may contain neighborhood-serving
commercial and office spaces such as a gas station/convenience
store, small shops, and offices." (p. 97, Small Village/Neighborhood
Center: Function)
"Village Centers: Village centers will be pursued as an economic
development strategy to strengthen neighborhoods and the City's
economy." (p. 59, ED PS)
"Commercial development: Roanoke will encourage commercial
development in appropriate areas (i.e., key intersections and centers)
of Roanoke to serve the needs of citizens and visitors." (p. 59, ED P6)
"Ne'ghborhood-onented commercial activity will be encouraged in well-
defined village centers." (p. 40, NH P2)
"Identify and map existing and potential village center locations." (p.
41, NH A2)
Given the uses prohibited by proffer in this petition and the subject property's
location at an arterial street intersection, the application of the CN, Neighborhood
Commercial District, to the subject property is appropriate and is not inconsistent
with the "Small Village/Neighborhood Center" concept discussed in Vision 2001-
2020. The proposed development on the subject property could help to solidify
the definition of this village center. Potential residential development of the
subject property has been compromised by the existence of incompatible uses
such as the bakery as well as by the volume of traffic through the Plantation
Road/Liberty Road intersection.
The subject site is consistent with "neighborhood commercial" and the "Small
Village/Neighborhood Cente(' concept. The proffered site plan is consistent with
the following Vision 2001-2020 principles for a "Small Village/Neighborhood
Center":
1. "Off-street parking is added to the rear of buildings." (p. 97, Small
Village/Neighborhood Center: Parking)
2. "New buildings in the village center are not set back..." (p. 97, Small
Village/Neighborhood Center: Buildings)
Because the details of a village center are yet to be codified in the form of
regulations with the zoning ordinance update, the application of Vision 2001-
2020 village center concepts is currently dependent on proffered conditions.
The proffered site plan places the building close to the street (Plantation
Road), consistent with the principles of Vision 2001-2020 to improve and
better define the streetscape. Furthermore, to ensure the building's
orientation to Plantation Road, proffers # 3 and 4 in the Third Amended
Petition provide assurances in regard to transparent surfaces (specifically
plate glass) on the fa~;ade to create visual attractiveness as well as access
to the building from the Plantation Road frontage.
The proffered site plan places on-site parking to the rear of the building,
consistent with the principles of Vision 2001-2020. Although no off-street
parking is required in the CN, Neighborhood Commercial District, the
provision of some off-street parking in this location is reasonable given
that there is no available on-street parking. The petitioner's proffered site
plan restricts off-street parking to ten (10) spaces.
During the Planning Commission public hearing, Maryellen Goodlatte, attorney,
presented the request on behalf of the petitioner. The staff report was given by
Nancy Snodgrass.
4
Joyce Oliver, 521 Liberty Road, N.E., spoke in opposition to the request and
presented a letter of opposition from Helen Daugherty (522 Courtney Avenue,
N.E.). Ms. Oliver stated that she only supported residential use of the subject
property and that no commercial use should be permitted. She expressed
concerns about the volume of current traffic in the area particularly at rush hour
in the morning and afternoons, the on-site parking's location on the side of the
subject site next to her property, and commercial encroachment into a residential
neighborhood.
Mr. Steve Talevi, Assistant City Attorney, asked that the petitioner clarify the
language included in proffer #3 of the Second Amended Petition. Mrs. Goodlatte
agreed to file a Third Amended Petition in which the phrase "shall be transparent"
in proffer #3 is revised to read "shall consist of plate glass."
Recommendation:
The Planning Commission recommended approval of the requested rezoning, as
amended by revised proffer, given the proffered site plan's consistency with
Vision 2001-2020 in the placement of the building close to the street and the
location of off-street parking to the rear of the building, the consistency of the
location with the village center concept, and the higher intensity uses in terms of
traffic volume that have been excluded by proffer.
Respectfully submitted,
obert B. Manetta, Chairman
City of Roanoke Planning Commission
attachments
cc: Darlene L. Burcham, City Manager
Rolanda Russell, Assistant City Manager for Community Development
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
Maryellen F. Goodlatte, Attorney for the Petitioner
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
INRE:
Rezoning approximately 0.36 acres consisting of one (1) tract of land lying and
being in the City of Roanoke, Virginia, at the intersection of Plantation Road and
Liberty Road:
Tax Map No. 3130805
from RM-1 (Residential Multifamily District, Low Density District) to CN
(Neighborhood Commercial Distric0.
TItlRD AMENDED PETITION
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF
ROANOKE:
The Petitioners, Robert Monsour and Sandy P. Monsour, own the following property in
the City of Roanoke, Virginia: Tax Map No. 3130805.
Said tract is currently zoned RM-1 (Residential Multifamily District, Low Density
District). A map of the property to be rezoned is attached as Exhibit A.
Petitioner proposes to construct a 3,720 square foot building as shown on the concept
plan made by L. A. Gates Company, dated May, 2002, attached hereto as Exhibit B. A user for
the building has not been identified at this point.
Vision 2001-2020 has recognized the intersection of Liberty Road and Plantation Road
as a "village center." The requested CN (Neighborhood Commercial D/strict) zoning and the
small-scale commercial use proposed for the site is appropriate for a village center.
Petitioners agree that the rezoning of the property shall be subject to the following
proffered conditions:
1. The property shall be developed in substantial conformity with the site plan
made by L. A. Gates Company dated May, 2002, attached hereto as Exhibit B, subject to such
changes as may be required by the City during the comprehensive site plan review process.
2. The following uses shall not be permitted on the subject property:
a. financial institution;
b. neighborhood convenience store;
c. restaurant.
3. At least twenty percent (20%) of the facade of the building along the Plantation
Road frontage shall consist of plate glass.
4. At least one point of access to the building shall be on Plantation Road or at the
corner of Liberty and Plantation Road.
Attached as Exhibit C are the names, addresses and tax numbers of the owners of all lots
or properties immediately adjacent to, immediately across a street or road from the property to
be rezoned.
WHEREFORE, Petitioner requests that the above-deschbed tract be rezoned as
requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke.
2
Respectfully submitted this /9 ~ day of December, 2002.
Respectfully submitted,
Robert Monsour
Sandy P. Monsour
Maryellen F. Goodlatte, Esq.
Glenn, Feldmann, Darby & Goodlatte
P. O. Box 2887
Roanoke, Virginia 24001-2887
(540) 224-8018 - Telephone
(540) 224-8050 - Facsimile
3
uec-2g-02 12:08P R-M.Industries Inc. 540 981 2342 P.02
Robert Monsour and Sandy P. Monsour, owners of the property subject to this third
amended petition, hereby consent to this rezoning petition and agree to be bound by the
conditions that are preffered in this third amended petition..
Robert Monsour
Sandy P. Monsour
!
!
!
!
!
ADJOrNING PROPERTY OWNERS
OF
ROBERT MONSOUR AND SANDY P. MONSOUR
TAX PARCEL 3130805
0 LIBERTY ROAD, N.E.
ROANOKE, VA 24012
Zoned RM1
TAX M_AP NUM]BER OWNER(S)/ADDRESSES
3100103
Danny Craig McGuire
Meta C. McGuire
520 Liberty Road, N.E.
Roanoke, Virginia' 24012
3100102
H. A. Moses
c/o Joseph H. Moses
217 Richard Burbydge
Williamsburg, Virginia 23185
3100101
James F. Patten
504 Liberty Road, N.E.
Roanoke, Virginia 24012
3130804
JoyceA. Rhodes
~o JoyceR. Oliver
521LibertyRoad, N.E.
Roanoke, Vkginia 24012
3130811
Henry T. Daugherty
522 Courtney Avenue, N.W.
Roanoke, Virginia · 24012
3130809
Lorri A. Erdmmm
c/o Floyd G. Erdmarm
t309 Jumping Run Drive
Goodview, Virginia 24095
3130901
John A. Fuller
Carol M. Fuller
655 Water Oak Road
Roanoke, Virginia 24019
3130209
Interstate Brands Corporation
P. O. Box 419627
Kansas City, Missouri 64141
3100201
3130709
Liberty Rd, N
3100202
3130801
3100122 3100104
3100123 3100124
31(]0102
3100101
Su~e~
Property
3130803
313(3802
313O901
3130204
3130812
3130806
3131308
3130918
3130919
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011 - 1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk~ci.roanoke.va.us
Januaw 9,2003
File #51
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Maryellen F. Goodlatte, Attorney
Glenn, Feldmann, Darby & Goodlatte
P. O. Box 2887
Roanoke, Virginia 24001-2887
Dear Ms. Goodlatte:
Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of
Roanoke on Tuesday, April 6, 1981, I have advertised a public hearing for Tuesday,
January 21,2003, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the
City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue,
S. W., City of Roanoke. on the request of Robert and Sandy P. Monsour to rezone a tract
of land consisting of 0.36 acre, located at the intersection of Plantation Road and Liberty
Road, N. E., identified as Official Tax No. 3130805, from RM-1, Residential Multi-family
District, Low Density District, to CN, Neighborhood Commercial District, subject to certain
conditions proffered by the petitioners.
For your information, I am enclosing copy of a report of the City Planning Commission, a
notice of the public hearing and an Ordinance. Please review the documents and if you
have questions, you may contact Steven J. Talevi, Assistant City Attorney, at
540-853-2431. Questions with regard to the City Planning Commission report should be
directed to the Department of Planning, Building and Development at 540-853-1730.
It will be necessary for you, or your representative, to be present at the January 21
public hearing. Failure to appear could result in a deferral of the matter until a later
date.
MFP:mh
Enclosure
Mary F. Parker, CMC
City Clerk
H:\Public Hearings.03~January 21 .att-po,lttrs.wpd
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011 - 1536
Telephone: (540) 853-2541
Fnx: (540) 853-1145
E-mail: clerk~ci.ronnoke.vn.us
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
JanuaW 9,2003
File #51
Mr. and Mrs. Danny C. McGuire
520 Liberty Road, N. E.
Roanoke, Virginia 24012
Mr. and Mrs..John A. Fuller
655 Water Oak Road, N. E.
Roanoke, Virginia 24019
H. A. Moses, c/o Mr. Joseph H. Moses
217 Richard Burbydge
Williamsburg, Virginia 23185
Interstate Brands Corp.
P. O. Box 419627
Kansas City, Missouri 64141
Mr. James F. Patten
504 Liberty Road, N. E.
Roanoke, Virginia 24012
Ms. Joyce A. Rhodes, c/o Joyce R. Oliver
521 Liberty Road, N. E.
Roanoke, Virginia 24012
Mr. Henw T. Daugherty
522 Cou~ney Avenue, N.W.
Roanoke, Virginia 24012
Phillip Clark, President
Hollins Road North Civic League
1222 Liberty Road, N. E.
Roanoke, Virginia 24012
Mr. Richard Hendrick
930 Missouri Avenue, N. E.
Roanoke, Virginia 24012
Ms. Lorri A. Erdmann,
c/o Floyd G. Erdmann
1309 Jumping Run Drive
Goodview, Virginia 24095
Ladies and Gentlemen:
Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of
Roanoke on Tuesday, April 6, 1981, I have advertised a public hearing for Tuesday,
January 21, '2003, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the
City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on the request of Robert and Sandy P. Monsour to rezone a tract
of land consisting of 0.36 acre, located at the intersection of Plantation Road and Liberty
Road, N. E., identified as Official Tax No. 3130805, from RM-1, Residential Multi-family
District, Low Density District, to CN, Neighborhood Commercial District, subject to certain
conditions proffered by the petitioners.
N:\CKMHI\Public Hearings.03\January 21.att-po.lttrs.wpd
Intemsted Property Ownerand/or
Adjoining Property Owner
January 9,2003
Page 2
The City Planning Commission is recommending that Council approve the request for
rezoning. If you would like to receive a copy of the report of the City Planning Commission,
please call the City Clerk's Office at 540-853-2541.
This letter is provided for your information as an interested property owner and/or adjoining
property owner. If you have questions with regard to the matter, please call the
Department of Planning, Building and Development at 540-853-1730.
Sincerely,
Mary F. Parker, CMC /
City Clerk
MFP:mh
H:~Public Hearings.03~January 21,att-po.lttrs.wpd
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: {540) 853-2541
Fax: (540) 853-1145
E-mail: clerk~ci.roanoke.va.us
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
December 20, 2002
File #51
Robert B. Manetta, Chairperson
City Planning Commission
2831 Stephenson Avenue, S. W.
Roanoke, Virginia 24014
Dear Mr. Manetta:
Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended,
I am enclosing copy of a third amended petition received in the City Clerk's Office on
December 20, 2002, from Maryellen F. Goodlatte, Attorney, representing Robert and
Sandy P. Monsour, requesting that approximately 0.36 acre of land, consisting of one tract
located at the intersection of Plantation Road and Liberty Road, N. E., identified as Official
Tax No. 3130805, be rezoned from RM-1, Residential Multi-family District, Low Density
District, to CN, Neighborhood Commercial District.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Enclosures
H:\Rezonings - Street. Alley CIosings.02\Monsour.rezoning.third arnended.wpd
Robert B. Manetta, Chair
December 20, 2002
Page 2
pc;
The Honorable Mayor and Members of the Roanoke City Council
Maryellen F. Goodlatte, Attorney, Glenn, Feldmann, Darby & Goodlatte, P. O. Box
2887, Roanoke, Virginia 24001-2887
Willard N. Claytor, Director, Real Estate Valuation
Evelyn D. Dorsey, Zoning Administrator
Martha P. Franklin, Secretary, City Planning Commission
Ronald L. Smith, Building Commissioner
Philip C. Schirmer, City Engineer
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
H:\Rezonings - Street. Alley Closings.02\Monsour.rezoning.third amended.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE~ VIRGINL~.
Rezoning approximately 0.36 acres consisting of one (1) tract of land lying and
being in the City of Roanoke, Virginia, at the intersection of Plantation Road and
Liberty Road:
Tax Map No. 3130805
from RM-I (Residential Multifamily District, Low Density District) to CN
(Neighborhood Commercial District).
THIRD AMENDED PETITION
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF
ROANOKE:
The Petitioners, Robert Monsour and Sandy P. Monsour, own the following property in
the City of Roanoke, Virginia: Tax Map No. 3130805.
Said tract is currently zoned RM-1 (Residential Multifamily District, Low Density
District). A map of the property to be rezoned is attached as Exhibit A.
Petitioner proposes to construct a 3,720 square foot building as shown on the concept
plan made by L. A. Gates Company, dated May, 2002, attached hereto as Exhibit B. A user for
the building has not been identified at this point.
Vision 2001-2020 has recognized the intersection of Liberty Road and Plantation Road
as a "village center." The requested CN (Neighborhood Commercial District) zoning and the
small-scale commercial use proposed for the site is appropriate for a village center.
Petitioners agree that the rezoning of the property shall be subject to the following
proffered conditions:
1. The property shall be developed in substantial conformity with the site plan
made by L. A. Gates Company dated May, 2002, attached hereto as Exhibit B, subject to such
changes as may be required by the City during the comprehensive site plan review process.
2. The following uses shall not be permitted on the subject property:
a. financial institution;
b. neighborhood convenience store;
c. restaurant.
3. At least twenty percent (20%) of the fa¢ade of the building along the Plantation
Road frontage shall consist of plate glass.
4. At least one point of access to the building shall be on Plantation Road or at the
comer of Liberty and Plantation Road.
Attached as Exhibit C are the names, addresses and tax numbers of the owners o£all lots
or properties immediately adjacent to, immediately across a street or road from the property to
be rezoned.
WHEREFORE, Petitioner requests that the above-described tract be rezoned as
requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke.
2
Respectfully submitted this /9 ~ day of December, 2002.
Respectfully submitted,
Robert Monsour
Sandy P. Monsour
Maryellen F. Goodlatte, Esq.
Glenn, Feldmann, Darby & Goodlatte
P. O. Box 2887
Roanoke, Virginia 24001-2887
(540) 224-8018 - Telephone
(540) 224-8050 - Facsimile
Dec-20-02 12:08P R-M. Industries Inc_ 540 981 2342 P.02
Robert Monsour and Sandy P. Monsour, owners of the property subject to this third
amended petition, hereby consent to this rezoning petition and agree to be bound by the
conditions that are proffered in this third amended petition..
Robert Monsour
Sandy P. Monsour
ADJOINING PROPERTY OWNERS
OF
ROBERT MONSOUR AND SANDY P. MONSOUR
TAX PARCEL 3130805
0 LIBERTY ROAD, N.E.
ROANOKE, VA 24012
Zoned RMt
TAX MAP NUMBER OWNER(S)/ADDRESSES
3100103
Danny Craig McGuire
Meta C. McGuire
520 Liberty Road, N.E.
Roanoke, Virginia 24012
3100102
H. A. Moses
c/o Joseph H. Moses
217 Richard Burbydge
Williamsburg, Virginia 23185
3100101
James F. Patten
504 Liberty Road, N.E.
Roanoke, Virginia 24012
3130804
Joyce A. Rhodes
c/o Joyce R. Oliver
521 Liberty Road, N.E.
Roanoke, Virginia 24012
3130811
Henry T. Daugherty
522 Courmey Avenue, N.W.
Roanoke, Virginia 24012
3130809
Lorri A. Erdmann
c/o Floyd G. Erdmarm
1309 Jumping Run Dr/ve
Goodview, Virginia 24095
3130901
John A. Fuller
Carol M. Fuller
655 Water Oak Road
Roanoke, Virginia 24019
3130209
Interstate Brands Corporation
P. O. Box 419627
Kansas City, Missouri 64141
NOTICE OF PUBLIC HEARING BEFORE THE CITY OF ROANOKE PLANNING
COMMISSION
TO WHOM IT MAY CONCERN:
The City of Roanoke Planning Commission will hold a public hearing on Thursday, December
19, 2002, at 1:30 p.m., or as soon as the matter may be heard, in the City Council Chamber,
fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., to consider the
following:
Request from Robert and Sandy P. Monsour, represented by Maryellen F. Goodlatte,
attorney, that property located at the intersection of Plantation and Liberty Roads, N.E.,
designated as Official Tax No. 3130805, be rezoned from RM-1, Residential
Multifamily, Low Density District, to CN, Neighborhood Commercial District.
A copy of said application is available for review in the Department of Planning Building
and Development, Room 166, Noel C. Taylor Municipal Building.
All parties in interest and citizens may appear on the above date and be heard on the
matter. If you are a person who needs accommodations for this hearing, please contact the
Department of Plarming Building and Development at 853-1730 before 12:00 noon on the
Monday before the date of the hearing listed above.
Martha P. Franklin, Secretary
City of Roanoke Planning Commission
Please print in newspaper on December 3 and 10, 2002
Please bill:
Maryellen F. Goodlatte, Esq.
Glenn, Feldmann, Darby & Goodlatte
P O Box 2887
Roanoke, VA 24001-28876
(540) 224-8018
Please send affidavit of publication to:
Department of Planning Building and Development
Room 166, Municipal Building
215 Church Avenue, SW
Roanoke, VA 24011
TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA
PERTAINING TO THE REZONING REQUEST OF:
Robert and Sandy Monsour, Liberty Road, N.E.
Tax No. 3130805, from RM-1 to CN
)AFFIDAVIT
)
COMMONWEALTH OF VIRGINIA )
) TO-WIT:
CITY OF ROANOKE )
The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary
to the Roanoke City Planning Commission, and as such is competent to make this
affidavit of her own personal knowledge. Affidavit states that, pursuant to the
provisions of Section 15.2-2204, Code of Virginia, (1950), as amended, on behalf of the
Planning Commission of the City of Roanoke, she has sent by first-class mail on the 3rd
day of December, 2002, notices of a public hearing to be held on the 19th day of
December, 2002,on the rezoning captioned above to the owner or agent of the parcels
listed below at their last known address:
Parcel Owner's Name
Mailinq Address
3100103
Danny Craig and Meta C. McGuire
520 Liberty Road, NE
Roanoke, VA 24012
3100102
3100101
H. A. Moses
c/o Joseph H. Moses
James F. Patten
217 Richard Burbydge
Williamsburg, VA 23185
504 Liberty Road, NE
Roanoke, VA 24012
3130804
Joyce A. Rhodes
c/o Joyce R. Oliver
521 Liberty Road, NE
Roanoke, VA 24012
3130811
Henry T. Daugherty
522 Coudney Avenue, NW
Roanoke, VA 24012
3130809
3130901
Lord A. Erdmann
c/o Floyd G. Erdmann
John A. Fuller
Carol Fuller
1309 Jumping Run Drive
Goodview, VA 24095
544 Water Oak Road
Roanoke, VA 24019
3130209
Interstate Brands Corporation
c/o Tax Dept. No. 250000WO
NOTIFICATION ALSO MAILED TO:
P O Box 419627
Kansas City, MO 64141
Phillip Clark, President
Hollins Road North Civic League
1222 Liberty Road, NE
Roanoke, VA 24012
Richard Hendrick
930 Missouri Avenue, NE
Roanoke, VA 24012
Rick Williams, President, WRAF
3725 Sunrise Avenue, NW
Roanoke, VA 24012
Andy Friedman
2623 Vancouver Drive, NW
Roanoke, VA 24012
David Wood
3802 Greenland Avenue
Roanoke, VA 24012
Doug Trout
169 Maplelawn Avenue, NE
Roanoke, VA 24012
Martha Pace Franklin
SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke,
Virginia, this 3rd day of December, 2002
Notary Public
My Commission Expires: /'~'~ --~'~ ,~¢
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
CI17 CLERK '03 dF-aN
The Roanoke Times
GLENN, FELDMANN, DAR
PO BOX 2887
ATTN: MARYELLEN GOOD
ROANOKE VA 24001
REFERENCE: 80025065
02049580
State of Virginia
City of Roanoke
Plantation/Liberty
I, (the undersigned) an authorized representative
of the Times-World Corporation, which corporation
is publisher of the Roanoke Times, a daily
newspaper published in Roanoke, in the State of
Virginia, do certify that the annexed notice was
published in said newspapers on the following
dates:
City/County of Roanoke, Commonwealth/State of
V,ir,~/nia. Sworn and subscribed before me this
~__-.~7_~9 .... day of January 2003. Witness my hand and
~J~o~sslon expires ___~__~_/_~ ..... .
PUBLISHED ON: 01~03 01/10
TOT~L'~i~: 248.40
FILED ON: 01/17/03
S ignature:___~___~_~_____~_~_~___ ...... Billing Services Representative
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
Tuesday, January 21, 2003, at 7:00 p.m., in the Council Chamber in the Noel C. Taylor
Municipal Building, 215 Church Avenue, S.W., on the question of rezoning from RM-1,
Residential Multi-Family, Low-Density District, to CN, Neighborhood Commercial District,
subject to certain proffers, the following property:
That tract of land consisting of 0.36 acres located at the intersection of
Plantation and Liberty Roads, N.E., designated as Official Tax Map Number
3130805.
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.
If you are a person with a disability who needs accommodations for this public
hearing, contact the City Clerk's Office, 853-2541, by Thursday, January 16, 2003.
GIVEN under my hand this 30th day of December ,2002.
Mary F. Parker, City Clerk.
Notice to Publisher:
Publish in the Roanoke Times once on Friday, January 3, 2003, and once on Friday,
January 10, 2003.
Send affidavit to:
Mary F. Parker, City Clerk
215 Church Avenue, S. W.
Roanoke, Virginia 24011
(540) 853-2541
Send bill to:
Maryellen F. Goodlatte, Attorney
P. O. Box 2887
Roanoke, Virginia 24001-2887
(540) 224-8018
MARY F. PARKER. CMC
City Clerk
CITY OF ROANOIOZ
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clcrk(~ci.ro anokc.va, us
STEPHANIE M. MOON
Deputy City Clerk
SHEll~ N. HARTMAN
Assistant CiW Cl~rk
December 17, 2002
File #51
Robert B. Manetta, Chairperson
City Planning Commission
2831 Stephenson Avenue, S. W.
Roanoke, Virginia 24014
Dear Mr. Manetta:
Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended,
I am enclosing copy of a second amended petition received in the City Clerk's Office on
December 13, 2002, from Maryellen F. Goodlatte, Attorney, representing Robert and
Sandy P. Monsour, requesting that approximately 0.36 acre of land, consisting of one tract
located at the intersection of Plantation Road and Liberty Road, N. E., identified as Official
Tax No. 3130805, be rezoned from RM-1, Residential Multi-family District, Low Density
District, to CN, Neighborhood Commercial District.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Enclosures
H:\Rezonings - Street. Alley Closings.02\Monsour.rezoning.second amended.wpd
Robed B. Marietta, Chair
December 17, 2002
Page 2
pc:
The Honorable Mayor and Members of the Roanoke City Council
Maryellen F. Goodlatte, Attorney, Glenn, Feldmann, Darby & Goodlatte, P. O. Box
2887, Roanoke, Virginia 24001-2887
Willard N. Claytor, Director, Real Estate Valuation
Evelyn D. Dorsey, Zoning Administrator
Martha P. Franklin, Secretary, City Planning Commission
Ronald L. Smith, Building Commissioner
Philip C. Schirmer, City Engineer
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
H:\Rezonings - Street.Alley Closings.02\Monsour.rezoning.second amended.wpd
IN TIlE COUNCIL OF THE CITY OF ROANOKE~ VIRGINIA
Rezoning approximately 0.36 acres consisting of one (1) tract of land lying and
being in the City of Roanoke, Virginia, at the intersection of Plantation Road and
Liberty Road:
Tax Map No. 3130805
from RM-1 (Residential Multifamily District, Low Density District) to CN
(Neighborhood Commercial Distric0.
SECOND AMENDED PETITION
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF
ROANOKE:
The Petitioners, Robert Monsour and Sandy P. Monsour, own the following property in
the City of Roanoke, Virginia: Tax Map No. 3130805.
Said Iract is currently zoned RM-1 (Residential Multifamily District, Low Density
District). A map of the property to be rezoned is attached as Exhibit A.
Petitioner proposes to construct a 3,720 square foot building as shown on the concept
plan made by L. A. Gates Company, dated May, 2002, attached hereto as Exhibit B. A user for
the building has not been identified at tiffs point.
Vision 2001-2020 has recognized the intersection of Liberty Road and Plantation Road
as a "village center." The requested CN (Neighborhood Commercial District) zoning and the
small-scale commercial use proposed for the site is appropriate for a village center.
Petitioners agree that the rezoning of the property shall be subject to the following
proffered conditions:
1. The property shall be developed in substantial conformity with the site plan
made by L. A. Gates Company dated May, 2002, attached hereto as Exhibit B, subject to such
changes as may be required by the City during the comprehensive site plan review process.
2. The following uses shall not be permitted on the subject property:
a. financial institution;
b. neighborhood convenience store;
c. restaurant.
3. At least twenty percent (20%) of the facade of the building along the Plantation
Road frontage shall be transparent.
4. At least one point of access to the building shall be on Plantation Road or at the
comer of Liberty and Plantation Road.
Attached as Exhibit C are the names, addresses and tax numbers of the owners of all lots
or properties immediately adjacent to, immediately across a street or road from the property to
be rezoned.
WHEREFORE, Petitioner requests that the above-described tract be rezoned as
requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke.
2
Respectfully submitted this
'¢~ day of December, 2002.
Respectfully submitted,
Robert Monsour
Sandy P. Monsour
Maryellen F. Goodlatte, Esq.
Glenn, Feldmarm, Darby & Goodlatte
P. O. Box 2887
Roanoke, Virginia 24001-2887
(540) 224-8018 - Telephone
(540) 224-8050 - Facsimile
De¢-13-02 10:01A R-M. Industries Inc. 540 981 2342 P-02
Robert Monsour and Sandy P. Monsour, owners of the property subject to this second
amended petition, hereby consent to this rezoning petition and agree to be bound by the
conditions that are proffered in this second amended petition..
Robert Monsour
Sandy P. Monsour
·.. ;, ~ . ~'~'
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!
ADJOINING PROPERTY OWNERS
OF
ROBERT MONSOUR AND SANDY P. MONSOUR
TAX PARCEL 3130805
0 LIBERTY ROAD, N.E.
ROANOKE, VA 24012
Zoned RM1
TAX MAP NUMBER OWNER(S)/ADDRESSES
3100103
Danny Cra/g McGuire
Meta C. McGuire
520 Liberty Road, N.E.
Roanoke, Virginia 24012
3100102
H. A. Moses
c/o Joseph H. Moses
217 Richard Burbydge
Williamsburg, Virginia 23185
3100101
James F. Patten
504 Liberty Road, N.E.
Roanoke, Virginia 24012
3130804
JoyceA. Rhodes
c/o JoyceR. Oliver
521LibertyRoad, N.E.
Roanoke, Virg/nia 24012
3130811
Henry T. Daugherty
522 Courtney Avenue, N.W.
Roanoke, Virginia 24012
3130809
Lorri A. Erdmarm
c/o Floyd G. Erdmann
1309 Jumping Run Drive
Goodview, V/rg/nia 24095
3130901
John A. FulIer
Carol M. Fuller
655 Water Oak Road
Roanoke, Virginia 24019
3130209
Interstate Brands Corporation
P. O. Box419627
Kansas City, Missouri 64141
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
F~x: (540) 853-1145
E-mail: clcrk@ci.roanok¢.va, us
STEPHANIE M. MOON
Deputy City Clerk
SHElla~ N. HARTMAN
Assistant City Clerk
December 11, 2002
File #51
Robert B. Manetta, Chairperson
City Planning Commission
2831 Stephenson Avenue, S. W.
Roanoke, Virginia 24014
Dear Mr. Manetta:
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 received in the City Clerk's Office on
December 10, 2002, from Maryellen F. Goodlatte, Attorney, representing Robert and
Sandy P. Monsour, requesting that approximately 0.36 acre of land, consisting of one tract
lying in the City of Roanoke, located at 0 Liberty Road, N. E., at the intersection of
Plantation Road and Liberty Road, identified as Official Tax No. 3130805, be rezoned from
RM-1, Residential Multi-family District, Low Density District, to CN, Neighborhood
Commercial District.
MFP:mh
Enclosures
Sincerely,
Mary F. Parker, CMC
City Clerk
N:\CKMH'f\Rezonings - Street. Alley Closings.02\Monsour.rezoning.amended.wpd
Robert B. Manetta, Chair
December 11,2002
Page 2
pc:
The Honorable Mayor and Members of the Roanoke City Council
Maryellen F. Goodlatte, Attorney, Glenn, Feldmann, Darby & Goodlatte, P. O. Box
2887, Roanoke, Virginia 24001-2887
Willard N. Claytor, Director, Real Estate Valuation
Evelyn D. Dorsey, Zoning Administrator
Mar[ha P. Franklin, Secretary, City Planning Commission
Ronald L. Smith, Building Commissioner
Philip C. Schirmer, City Engineer
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
N:\CKMHl\Rezonings - Street. Alley Closings.02\Monsour. rezoning,amended.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE~ VIRGINL4
INRE:
Rezoning approximately 0.36 acres consisting of one (1) tract of land lying and
being in the City of Roanoke, Virginia, and briefly described as 0 Liberty Road,
N.E., at the intersection of Plantation Road and Liberty Road:
Tax Map No. 3130805
from RM-1 (Residential Multifamily District, Low Density District) to CN
(Neighborhood Commercial District).
AMENDED PETITION
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF
ROANOKE:
The Petitioners, Robert Monsour and Sandy P. Monsour, own the following property in
the City of Roanoke, Virginia: Tax Map No. 3130805, 0 Liberty Road, N.E.
Said tract is currently zoned RM-1 (Residential Multifamily District, Low Density
District). A map of the property to be rezoned is attached as Exhibit A.
Petitioner proposes to construct a 3,720 square foot building as shown on the concept
plan made by L. A. Gates Company, dated May, 2002, attached hereto as Exhibit B. A user for
the building has not been identified at this point.
Vision 2001-2020 has recognized the intersection of Liberty Road and Plantation Road
as a "village center." The requested CN (Neighborhood Commercial District) zoning and the
small-scale commercial use proposed for the site is appropriate for a village center.
Petitioners agree that the rezoning of the property shall be subject to the following
proffered conditions:
1. The property shall be developed in substantial conformgty with the concept plan
made by L. A. Gates Company dated May, 2002, attached hereto as Exhibit B, subject to such
changes as may be required by the City during the comprehensive site plan review process.
2. The following uses shall not be permitted on the subject project:
a. financial institution;
b. neighborhood convenience store;
c. restaurant, except that a cater/ng business providing food for off-premises
consumption shall not be excluded.
3. At least twenty percent (20%) of the facade of the building along the Plantation
Road frontage shall be transparent.
4. At least one point of access to the building shall be on Plantation Road or at the
comer of Liberty and Plantation Road.
Attached as Exhibit C are the names, addresses and tax numbers of the owners of all lots
or properties immediately adjacent to, immediately across a street or road from the property to
be rezoned.
WHEREFORE, Petitioner requests that the above-described tract be rezoned as
requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke.
Respectfully subrmtted this
day of December, 2002.
Respectfully submitted,
Robert Monsour
Sandy P. Monsour
Maryellen F. Goodlatte, Esq.
Glenn, Feldmann, Darby & Goodlatte
P. O. Box 2887
Roanoke, Virginia 24001-2887
(540) 224-8018 - Telephone
(540) 224-8050 - Facsimile
3
Dec-Z0-02 02:45p R.M. Industrie2 Inc. 540 981 2342 P-OZ
Robert Monsour and Sandy P. Monsour, o~xmers of the property subject to this amended
petition, hereby consent to this rezoning petit/on and agree to be bound by the conditions that
are proffered in this amended petition..
Robert Monsour
Sandy P. Monsour
4
!
it/
ADJOiNING PROPERTY OWNERS
OF
ROBERT MONSOUR AND SAN-DY P. MONSOUR
TAX PARCEL 3130805
0 LIBERTY ROAD, N.E.
ROANOKE, VA 24012
Zoned RM1
TAX MAP NUMBER OWNER(S)/ADDRESSES
3100103
Danny Craig McGuire
Meta C. McGuire
520 Liberty Road, N.E.
Roanoke, Virginia 240~2
3100102
H. A. Moses
c/o Joseph H. Moses
2I 7 Richard Burbydge
Williamsburg, Vir~ina 23185
3100101
James F. Patten
504 Liberty Road, N.E.
Roanoke, Virginia 24012
3130804
Joyce A. Rhodes
c/o Joyce R. Oliver
52I Liberty Road, N.E.
Roanoke, Virginia 24012
3130811
Henry T. Daugherty
522 Courtney Avenue, N.W.
Roanoke, Virginia 24012
3130809
Loft/A. Erdmann
c/o Floyd G. Erdmarm
1309 Jumping Run Drive
Goodview, Virginia 24095
3130901
John A. Fuller
Carol M. Fuller
655 Water Oak Road
Roanoke, Virginia 24019
3130209
Interstate Brands Corporation
P. O. Box 419627
Kansas City, Missouri 64141
TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA
PERTAINING TO THE REZONING REQUEST OF:
Robert and Sandy Monsour, Liberty Road, N.E.
Tax No. 3130805, from RM-1 to CN
)AFFIDAVIT
)
COMMONWEALTH OF VIRGINIA )
) TO-WIT:
CITY OF ROANOKE )
The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary
to the Roanoke City Planning Commission, and as such is competent to make this
affidavit of her own personal knowledge. Affidavit states that, pursuant to the
provisions of Section 15.2-2204, Code of Virginia, (1950), as amended, on behalf of the
Planning Commission of the City of Roanoke, she has sent by first-class mail on the
23rd day of August, 2002, notices of a public hearing to be held on the 19th day of
September, 2002,on the rezoning captioned above to the owner or agent of the parcels
listed below at their last known address:
Parcel Owner's Name
3100103 Danny Craig and Meta C. McGuire
3100102
3100101
H. A. Moses
c/o Joseph H. Moses
James F. Patten
3130804
3130811
Joyce A. Rhodes
cio Joyce R. Oliver
Henry T. Daugherty
3130809
3130901
3130209
Lorri A. Erdmann
cio Floyd G. Erdmann
John A. Fuller
Carol Fuller
Interstate Brands Corporation
c/o Tax Dept. No. 250000WO
NOTIFICATION ALSO MAILED TO:
Phillip Clark, President
Hollins Road North Civic League
1222 Liberty Road, NE
Roanoke, VA 24012
Richard Hendrick
930 MissouriAvenue, NE
Roanoke, VA 24012
Mailing Address
520 Liberty Road, NE
Roanoke, VA 24012
217 Richa~ Burbydge
Williamsbu~, VA 23185
504 Liberty Road, NE
Roanoke, VA 24012
521 Liberty Road, NE
Roanoke, VA 24012
522 Courtney Avenue, NW
Roanoke, VA 24012
1309 Jumping Run Drive
Goodview, VA 24095
544Water Oak Road
Roanoke, VA 24019
P O Box 419627
Kansas City, MO 64141
Rick Williams, President, WRAF
3725 Sunrise Avenue, NW
Roanoke, VA 24012
Andy Friedman
2623 Vancouver Drive, NW
Roanoke, VA 24012
David Wood
3802 Greenland Avenue
Roanoke, VA 24012
Doug Trout
169 Maplelawn Avenue, NE
Roanoke, VA 24012
Martha Pace Franklin
SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke,
Virginia, this 23rd day of August, 2002.
My Commission Expires:~,~---~, ~ ~
TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA
RECEIVED
CITY CLERKS 0FFI'F
PERTAINING TO THE REZONING REQUEST OF:
Robert and Sandy Monsour, Liberty Road, N.E.
Tax No. 3130805, from RM-1 to ON )
COMMONWEALTH OF VIRGINIA )
) TO-WIT:
CITY OF ROANOKE )
The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary
to the Roanoke City Planning Commission, and as such is competent to make this
affidavit of her own personal knowledge. Affidavit states that, pursuant to the
provisions of Section 15.2-2204, Code of Virginia, (1950), as amended, on behalf of the
Planning Commission of the City of Roanoke, she has sent by first-class mail on the
19th day of July, 2002, notices of a public hearing to be held on the 15th day of August,
2002,on the rezoning captioned above to the owner or agent of the parcels listed below
at their last known address:
Parcel
3100103
Owner's Name
Danny Craig and Meta C. McGuire
Mailinq Address
520 Liberty Road, NE
Roanoke, VA 24012
3100102
3100101
H. A. Moses
c/o Joseph H. Moses
James F. Patten
217 Richard Burbydge
Williamsburg, VA 23185
504 Liberty Road, NE
Roanoke, VA 24012
3130804
Joyce A. Rhodes
c/o Joyce R. Oliver
521 Liberty Road, NE
Roanoke, VA 24012
3130811
Henry T. Daugherty
522 Courtney Avenue, NW
Roanoke, VA 24012
3130809
3130901
3130209
Lorri A. Erdmann
c/o Floyd G. Erdmann
John A. Fuller
Carol Fuller
Interstate Brands Corporation
c/o Tax Dept. No. 250000WO
NOTIFICATION ALSO MAILED TO:
1309 Jumping Run Drive
Goodview, VA 24095
544 Water Oak Road
Roanoke, VA 24019
P O Box 419627
Kansas City, MO 64141
Phillip Clark, President
Hollins Road Nodh Civic League
1222 Liberty Road, NE
Roanoke, VA 24012
Richard Hendrick
930 MissouriAvenue, NE
Roanoke, VA 24012
Rick Williams, President, WRAF
3725 Sunrise Avenue, NW
Roanoke, VA 24012
Andy Friedman
2623 Vancouver Drive, NW
Roanoke, VA 24012
David Wood
3802 Greenland Avenue
Roanoke, VA 24012
Doug Trout
169 Maplelawn Avenue, NE
Roanoke, VA 24012
Martha Pace Franklin
SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke,
Virginia, this 19~h day of July, 2002
My Commission Expires:~----%"(~,
NOTICE OF PUBLIC HEARING BEFORE THE CITY OF ROANOKE PLANNING
COMMISSION
TO WHOM IT MAY CONCERN:
The City of Roanoke Planning Commission will hold a public heating on Thursday, August 15,
2002, at 1:30 p.m., or as soon as the matter may be heard, in the City Council Chamber, fourth
floor, Noel C. Taylor Municipal.Building, 215 Church Avenue, S.W., to consider the following:
Request from Robert and Sandy P. Monsour, represented by Mar~ellen F. Goodlatte,
attorney, that property located at the intersection of Plantation and Liberty Roads, N.E.,
designated as Official Tax No. 3130805, be rezoned from RM-1, Residential Multifamily,
Low Density District, to CN, Neighborhood Commercial District.
A copy of said application is available for review in the Department of Planning Building
and Development, Room 166, Noel C. Taylor Municipal Building.
All parties in interest and citizens may appear on the above date and be heard on the
matter. If you are a person who needs accommodations for this heating, please contact the
Department of Plarming Building and Development at 853-1730 before 12:00 noon on the
Monday before the date of the heating listed above.
Martha P. Franklin, Secretary
City of Roanoke Planning Commission
Please print in newspaper on Tuesday, July 30 and August 6, 2002.
Please bill:
Maryellen F. Goodlatte, Esq.
Glenn, Feldmann, Darby & Goodlatte
P O Box 2887
Roanoke, VA 24001-28876
(540) 224-8018
Please send affidavit of publication to:
Department of Planning Building & Dev.
Room 166, Municipal Building
215 Church Avenue, S.W.
Roanoke, VA 24011
(540) 853-1730
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 2401 I- 1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@ci roanoke.va.us
June 28,2002
File #51
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant Deputy City Clerk
Robert B. Manetta, Chairperson
City Planning Commission
2831 Stephenson Avenue, S. W.
Roanoke, Virginia 24014
Dear Mr. Manetta:
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 received in the City Clerk's Office on June 26, 2002, from
Maryellen F. Goodlatte, Attorney, representing Robert Monsour and Sandy P. Monsour,
requesting that approximately 0.36 acre of land, consisting of one tract lying in the City of
Roanoke, located at 0 Liberty Road, N. E., at the intersection of Plantation Road and
Liberty Road, identified as Official Tax No. 3130805, be rezoned from RM-1, Residential
Multifamily District, Low Density District, to CN, Neighborhood Commercial District.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Enclosures
Robert B. Marietta
June 28, 2002
Page 2
pc:
The Honorable Mayor and Members of the Roanoke City Council
The Honorable M. Rupert Cutler, Council Member - Elect, 2865 South Jefferson
Street, Roanoke, Virginia 24014
The Honorable Alfred T. Dowe, Jr., Council Member - Elect, 2711 Kirkland Drive,
N. W., Roanoke, Virginia 24017
Maryellen F. Goodlatte, Attorney, Glenn, Feldmann, Darby & Goodlatte, P. O. Box
2867, Roanoke, Virginia 24001-2887
Willard N. Claytor, Director, Real Estate Valuation
Evelyn D. Dorsey, Zoning Administrator
Martha P. Franklin, Secretary, City Planning Commission
Ronald L. Smith, Builaing Commissioner
Philip C. Schirmer, City Engineer
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
IN THE COUNCIL OF THE CITY OF ROANOKE~ VIRGINIA
IN RE:
Rezoning approximately 0.36 acres consisting of one (1) tract of land lying and being
in the City of Roanoke, Virginia, and briefly described as 0 Liberty Road, N.E., at the
intersection of Plantation Road and Liberty Road:
Tax Map No. 3130805
from RM-1 (Residential Multifamily District, Low Density District) to CN
(Neighborhood Commercial District).
PETITION
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF
ROANOKE:
The Petitioners, Robert Monsour and Sandy P. Monsour, own the following property in the
City of Roanoke, Virginia: Tax Map No. 3130805, 0 Liberty Road, N.E.
Said tract is currently zoned RM-1 (Residential Multifamily District, Low Density District).
A map of the property to be rezoned is attached as Exhibit A.
Petitioner proposes to consmact a 4,000 square foot building as shown on the concept plan
made by L. A. Gates Company, dated May, 2002, attached hereto as Exhibit B. A catering
establishment would occupy part of the building. A user for the rest of the building has not been
identified at this point.
Vision 2001-2020 has recognized the intersection of Liberty Road and Plantation Road as a
"village center." The requested CN (Neighborhood Commercial District) zoning and the
small-scale commercial use proposed for the site is appropriate for a village center.
Attached as Exhibit C are the names, addresses and tax numbers of the owners of all lots or
properties immediately adjacent to, immediately across a street or road from the property to be
rezoned.
WHEREFORE, Petitioner requests that the above-described tract be rezoned as requested in
accordance with the provisions of the Zoning Ordinance of the City of Roanoke.
Respectfully submitted this ,a~ (~ day of June, 2002.
Respectfully submitted,
Robert Monsour
Sandy P. Monsour
By: J~xA,I.J,J,~ F'~
of (3~unsel
Maryellen F. Goodla~e, Esq.
Glenn, Feldmann, Darby&Goodlatte
P.O. Box 2887
Roanoke, Virginia 24001-2887
(540) 224-8018 - Telephone
(540) 224-8050 - Facsimile
2
Robert Monsour and Sandy P. Monsour, owners of the property subject to this petition, hereby
consent to this rezoning petition. ~~ _ .,/l/~~
R. obert'Mons~)ur
Sandy P. Mounsour
ADJOINING PROPERTY OWNERS
OF
ROBERT MONSOUR AND SANDY P. MONSOUR
TAX PARCEL 3130805
0 LIBERTY ROAD, N.E.
ROANOKE, VA 24012
Zoned RM1
TAX MAP NUMBER OWNER(S)/ADDRESSES
3100103
Danny Craig McGuire
Meta C. McGuire
520 Liberty Road, N.E.
Roanoke, Virginia 24012
3100102
H. A. Moses
¢/o Joseph H. Moses
217 Richard Burbydge
Williamsburg, Virginia 23185
3100101
James F. Patten
504 Liberty Road, N.E.
Roanoke, Virginia 24012
3130804
JoyceA. Rhodes
c/0 JoyceR. Oliver
521LibertyRoad, N.E.
Roanoke, Virginia 24012
3130811
Henry T. Daugherty
522 Courmey Avenue, N.W.
Roanoke, Virginia 24012
31308O9
Lorr/A. Erdmann
c/o Floyd G. Erdmarm
t309 Jumping Run Drive
Goodview, Virginia 24095
3130901
John A. Fuller
Carol M. Fuller
655 Water Oak Road
Roanoke, Virginia 24019
3130209
Interstate Brands Corporation
P. O. Box 419627
Kansas City, Missouri 64141
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk~ci.roanoke.va~us
Januaw 28,2003
File #514
STEpHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Ms. Kristi Parr
830 Mississippi Avenue, N. E.
Roanoke, Virginia 24019
Dear Ms. Parr:
I am enclosing two copies of Ordinance No. 36216-012103 vacating, discontinuing and
closing a certain alley intersecting with Mississippi Avenue, N. E., and located between
Official Tax Nos. 3130429 and 3130428; and dispensing with the second reading of this
ordinance by title.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Tuesday, January 21, 2003, and is in full force and
effect upon its passage.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Enclosure
pc:
Mr. and Mrs. Ashby A. Huffman, 826 Mississippi Avenue, N. E., Roanoke, Virginia
24012
Ms. Barbara P. Clark, 2804 Hollins Road,.N.E., Roanoke, Virginia 24012
Ms. Lorie J. Wilkins, 827 Mississippi Avenue, N. E., Roanoke, Virginia 24012
The Honorable David C. Anderson, City Treasurer
Darlene L. Burcham, City Manager
Rolanda A. Russell, Assistant City Manager for Community Development
Willard N. Claytor, Director, Real Estate Valuation
Evelyn D. Dorsey, Zoning Administrator
Martha P. Franklin, Secretary, City Planning Commission
Philip C. Schirmer, City Engineer
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
J. Thomas Tasselli, Development Review Coordinator
'~ : H:~Agenda,03~January21, 2003 correspondence,wpd
IN THE COUNCIL OF THE CITY OF ROANOKE,
The 21st day of January, 2003.
VIRGINIA,
No. 36216-012103.
AN ORDINANCE permanently vacating, discontinuing and closing certain public
rights-of-way in the City of Roanoke, Virginia, as more particularly described hereinafter;
and dispensing with the second reading of this ordinance by title.
WHEREAS, Kristi Parr, ftled an amended application dated December 3, 2002, to the
Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to
permanently vacate, discontinue and close the public rights-of-way described hereinafter; and
WHEREAS, the City Planning Commission, after giving proper notice to all
concerned as required by {}30-14, Code of the City of Roanoke (1979), as amended, and after
having conducted a public hearing on the matter, has made its recommendation to Council;
and
WHEREAS, a public hearing was held on said amended application by the City
Council on January 21,2003, after due and timely notice thereof as required by {}30-14, 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 rights-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 rights-of-way.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia,
that the public rights-of-way situate in the City of Roanoke, Virginia, and more particularly
described as follows:
That alley intersecting with Mississippi Avenue, N.E., lying between parcels
bearing Official Tax Nos. 3130429 and 3130428
be, and is hereby permanently vacated, discontinued and closed, and that all right and interest
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 rights-of-way,
reserving however, to the City of Roanoke and any utility company, 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 permanent
removal from the above-described public rights-of-way of any such municipal installation or
other utility or facility by the owner thereof.
BE IT FURTHER ORDAINED that the applicant shall, upon meeting all other
conditions to the granting of the amended application, deliver to the Clerk of the Circuit
Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation
where deeds are recorded in said Clerk's Office, indexing the same in the name of the City of
Roanoke, Virginia, as Grantor, and in the name of the Petitioner, and the names of any other
parties in interest who may so request, as Grantees, and pay such fees and charges as are
required by the Clerk to effect such recordation.
BE IT FURTHER ORDAINED that the applicant shall, upon a certified copy of this
ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia,
where deeds are recorded in said Clerk's Office, file with the City Engineer for the City of
Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred.
BE IT FURTHER ORDAINED that if the above conditions have not been met within
a period of one (1) year from the date of the adoption of this ordinance, then said ordinance
be null and void with no further action by City Council being necessary.
BE IT FINALLY ORDAiNED that pursuant to the provisions of {}12 of the City
Charter, the second reading of this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
Architectural Review Board
Board of Zoning Appeals
CITY OF ROANOKE
PLANNING BUILDING AND DEVELOPMENT
215 Church Avenue, S.W., Room 166
Roanoke, Virginia 2401 I
Telephone: (540) 853-1730 Fax: (540) 853-1230
E-mail: planning~ci.roanoke.va.us
Janua~ 21,2003
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Vice Mayor
Honorable William H. Carder, Council Member
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable William D. Bestpitch, Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject:
Request from Kristi Parr that an alley intersecting with Mississippi
Avenue, N.E, lying between parcels bearing Official Tax Nos.
3130428 and 3130429 be permanently vacated, discontinued and
closed.
Planning Commission Action:
Public hearing was held on Thursday, December 19, 2002, and by a vote of 6-0
(Mr. Williams absent), the Planning Commission recommended approval of the request.
Background:
The petitioner's property has a 10-foot wide paper alley on its western side, for
which it has filed this petition for vacation. The paper alley has never been improved.
Considerations:
The petitioner's property, Official Tax Map Number 3130429, is zoned RM-1,
Residential Multi-family Low Density District, as are all of the surrounding properties.
The surrounding properties are all of a single-family residential use.
The area is served by public utilities. Staff received comments from American
Electric Power (AEP), Verizon and Roanoke Gas, all of whom stated no objection to the
request. AEP stated that it has facilities in the alley and would need to maintain a
public utility easement.
The requested closure will have no impact on traffic and the additional land will
not enable the petitioner to further develop their property.
Staff received no comments in opposition to this request.
During the Planning Commission hearing, Ms. Loretta Parr appeared before the
Commission on behalf of Kristi Parr. Frederick Gusler gave the staff report. There was
no one present in opposition to or in favor of the requested closure.
Recommendation:
Planning Commission recommends approval of the petitioner's request to
vacate, discontinue and close the subject alley, subject to the conditions listed below
and does not recommend that the petitioner be charged for this piece of property.
The applicant shall submit a subdivision plat to the Agent for the
Planning Commission, receive all required approvals of, and record the
plat with the Clerk of the Circuit Court for the City of Roanoke. Said
plat shall combine all properties which would otherwise dispose of the
land within the right of way to be vacated in a manner consistent with
law, and retain appropriate easements for the installation and
maintenance of any and all existing utilities that may be located within
the right-of-way, including the right of ingress and egress.
Upon meeting all other conditions to the granting of the application, the
applicant shall deliver a certified copy of this ordinance for recordation
to the Clerk of the Circuit Court of Roanoke, Virginia, indexing the
same in the name of the City of Roanoke, Virginia, as Grantor, and in
the name of the petitioner, and the names of any other parties in
interest who may so request, as Grantees. The applicant shall pay
such fees and charges as are required by the Clerk to effect such
recordation.
Upon recording a certified copy of this ordinance with the Clerk of the
Circuit Court of the City of Roanoke, Virginia, the applicant shall file
with the Engineer for the City of Roanoke, Virginia, the Clerk's receipt,
demonstrating that such recordation has occurred.
If the above conditions have not been met within a period of one year
from the date of adoption of this ordinance, then said ordinance shall
be null and void with no further action by City Council being necessary.
Respectfully submitted,
Robert B. Manetta, Chairman
Roanoke City Planning Commission
CC:
Darlene L. Burcham, City Manager
Rolanda Russell, Assistant City Manager for Community Development
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
Petitioner
IN THE COUNCIL OF THE CITY OF ROANOKE VIRGINIA
IN RE:
Application of Kristi Parr
For vacation of Alley
AMENDED APPLICATION FOR
VACATING, DISCONTINUING
AND CLOSING OF ALLEY
MEMBERS OF COUNCIL:
Kristi Parr, Petitioner, applies to have a 10 foot alley, in the City of
Roanoke, Virginia, permanently vacated, discontinued and closed, pursuant to
Virginia Code Section 15.2-2006 and Section 30-14, Code of the City of
Roanoke (1979), as amended. This alley is more particularly described on the
fiat attached and as follows:
That certain 10 foot wide alley lying and being on the
west lot line of Part of Lot 5, containing 0.04 of an
acre, more or less, Queenburg Heights, Roanoke
City, Virginia, as shown on plat of survey prepared
by John E. Ramsey, LS, dated August 22, 2002, a
copy of which is attached hereto, as it intersects with
Mississippi Avenue. Said alley is located between
Official Tax Map Numbers 3130429 and 3130428.
I<.risti Parr 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. That a fence owned by Ms. Parr is currently located on said alley and
the transfer would solve the problem of having the fence on public
property.
3. Ms. Parr also has been advised by the City staff that a
recommendation has been made not to charge the Petitioner for the
alley.
WHEREFORE, Kristi Parr respectfully requests that above-described
alley be vacated by the Council of the City of Roanoke, Virginia, in accordance
with Virginia Code Section 15.2-2006 and Section 30-14, Code of the City of
Roanoke (1979), as amended.
Respectfully submitted
Kristi Parr
830 Mississippi Avenue, NE
Roanoke, VA 24019
(540) 366-9797
IC,-i~ti Parr
Official Tax Map
Number
3130428
3130424
3130616
Adjoining Property Owners
Owner
Ashby A. & Winnie G.
Huffman
Barbara P. Clark
Lorie J. Wilkins
Mailin,q Address
826 Mississippi Ave, NE
2804 Hollins Road, NE
827 Mississippi Ave, NE
SOUTHERN TITLE
5409661~61
IPF
5951'
4g.g7'
LOT 6
~PF
8.2'
IPF
LOT 5--
PF
PART OF
LOT 5 ~'
o. 205
ACRE o
CONC.
--LOT 4
CENTRAL SuRvEYING
26.5
I STY
FRAME
IPF LI
MISSiSSiPPI
(~0'
[PS IPF __~
~VE~LJE
LiNE BEARING DISTANCE
L I N 89° ii'O0'W 45.00'
L 2 S 88' 52'45'E 45.I0'
HAS BEEN pREpARED WITHOUT
THIS SURVEY ..... m~PORT AND DOES NOT.
RESURVEY OF
PART OF LOT 5.
ouEENBURG HEIGHTS
ROANOKE, VIRGINIA
:~JOB N0.:02[32
3130408
313041(
830 Mississippi Ave, NE
3130419
11306(
~°~°l ~
3130424
Subject
Property
3130431
3130432
3130433
3130434
~0613 3' ,06 5
13061~
3130620
3130621
3107
106
105
~104
:)111
)103
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
.................................................. + ...........................
ROANOKE CITY CLERK'S
215 CHURCH AVE. RM 456
ATT: MARY PARKER, CL
ROANOKE VA 24011
REFERENCE: 80023382
02049483
Mississippi Ave
State of virginia
City of Roanoke
I, (the undersigned) an authorized representative
of the Times-World Corporation, which corporation
is publisher of the Roanoke Times, a daily
newspaper published in Roanoke, in the State of
Virginia, do certify that the annexed notice was
published in said newspapers on the following
dates:
City/County of Roanoke, Commonwealth/State of
Virginia. Sworn and subscribed before me this
_~/~ day of January 2003. Witness my hand and
m~co~'iss on exp res ..... ·
PUBLISHED ON: 01/03 01/10
TOTAL COST:
FILED ON:
225.40
ol/17/o3
Authorized ~_~__~_~ __~___ _~___
Signature: ............................ , Billing Services Representative
NOTICE OF PUBLIC HEARING
TO WHOM IT MAY CONCERN:
The Council of the City of Roanoke will hold a Public Hearing on Tuesday,
January 21, 2003, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the
Council Chamber in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., on
an application to permanently abandon, vacate, discontinue and close, to the extent the City
has any legal interest in said public right-of-way, the following public right-of-way:
That alley intersecting with Mississippi Avenue, N.E., lying between parcels
bearing Official Tax Nos. 3130429 and 3130428.
A copy of this proposal is available for public inspection in the Office of the City
Clerk, Room 456, Noel C. Taylor Municipal Building. All parties in interest may appear on
the above date and be heard on the question. If you are a person with a disability who needs
accommodations for this public hearing, contact the City Clerk's Office, 853-2541, by
Thursday, January 16, 2003.
GIVEN under my hand this 30th day of December ,2002.
Mary F. Parker, City Clerk.
H:/NOTICES\N CLOSEALLEYPARR.012103 DOC
Notice to Publisher:
Publish in the Roanoke Times once on Friday, January 3, 2003, and once on Friday,
January 10, 2003.
Send bill and affidavit to:
Mary F. Parker, City Clerk
215 Church Avenue, S. W.
Roanoke, Virginia 24011
(540) 853-2541
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 2401 l- 1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk~ci.roanoke.va~us
January 9, 2003
File #514
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Ms. Kristi Parr
830 Mississippi Avenue, N. E.
Roanoke, Virginia 24019
Dear Ms. Parr:
Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of
Roanoke on Tuesday, April 6, 1981, I have advertised a public hearing for Tuesday,
January 21, 2003, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the
City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on your request that an alley intersecting with Mississippi Avenue,
N. E., and located between Official Tax Nos. 3130429 and 3130428, be permanently
vacated, discontinued and closed.
For your information, I am enclosing copy of a report of the City Planning Commission, a
notice of the public hearing and an Ordinance. Please review the documents and if you
have questions, you may contact Steven J. Talevi, Assistant City Attorney, at
540-853-2431. Questions with regard to the City Planning Commission report should be
directed to the Department of Planning, Building and Development at 540-853-1730.
It will be necessary for you, or your representative, to be present at the January 21
public hearing. Failure to appear could result in a deferral of the matter until a later
date.
MFP:mh
Mary F. Parker, CMC
City Clerk
Enclosure
H:\Public Hearings.03~January 21.att-po.lttrs.wpd
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOIOZ
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-maik clerk~ci.roanok¢.va.us
January 9, 2003
File #514
STEPHAN1E M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Mr. and Mrs. Ashby A. Huffman
826 Mississippi Avenue, N. E.
Roanoke, Virginia 24012
Ms. Barbara P. Clark
2804 Hollins Road, N. E.
Roanoke, Virginia 24012
Ms. Lorie J. Wilkins
827 Mississippi Avenue, N. E.
Roanoke, Virginia 24012
Ladies and Gentlemen:
Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of
Roanoke on Tuesday, April 6, 1981, I have advertised a public hearing for Tuesday,
January 21,2003, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the
City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on the request of Kristi Parr that an alley intersecting with
Mississippi Avenue, N. E., and located between Official Tax Nos. 3130429 and 3130428,
be permanently vacated, discontinued and closed.
The City Planning Commission is recommending that Council approve the request for alley
closure. If you would like to receive a copy of the report of the City Planning Commission,
please call the City Clerk's Office at 540-853-2541.
This letter is provided for your information as an interested property owner and/or adjoining
property owner. If you have questions with regard to the matter, please call the
Department of Planning, Building and Development at 540-853-1730.
Mary F. Parker, CMC
City Clerk
MFP:mh
H:\Public Hearings.03\January 21.att-po.lttrs.wpd
NOTICE OF PUBLIC HEARING BEFORE THE CITY OF ROANOKE PLANNING
COMMISSION
TO WHOM IT MAY CONCERN:
The City of Roanoke Planning Commission will hold a public hearing on Thursday, December
19, 2002, at 1:30 p.m., or as soon as the matter may be heard, in the City Council Chamber,
fourth floor, Noel C. Taylor Municipal Building, 21 $ Church Avenue, S.W., to consider the
following:
Request from Kristi Parr that an alley intersecting with Mississippi Avenue, N.E., lying
between parcels beating Official Tax Nos. 3130429 and 3130428, be permanently
vacated, discontinued and closed.
A copy of said application is available for review in the Department of Planning Building
and Development, Room 166, Noel C. Taylor Municipal Building.
All parties in interest and citizens may appear on the above date and be heard on the
matter. If you are a person who needs accommodations for this hearing, please contact the
Department of Planning Building and Development at 853-1730 before 12:00 noon on the
Monday before the date of the hearing listed above.
Martha P. Franklin, Secretary
City of Roanoke Planning Commission
Please print in newspaper on December 3 and 10, 2002
Please bill and send affidavit of publication to:
Department of Planning Building and Development
Room 166, Municipal Building
215 Chumh Avenue, SW
Roanoke, VA 24011
TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA
PERTAINING TO THE CLOSURE REQUEST OF:
Kristi Parr for alley intersecting Mississippi Avenue, N.E. AFFIDAVIT
Between Tax Nos. 3130428 and 3130429
COMMONWEALTH OF VIRGINIA
TO-WIT:
CITY OF ROANOKE
The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary
to the Roanoke City Planning Commission, and as such is competent to make this
affidavit of her own personal knowledge. Affidavit states that, pursuant to the
provisions of Section 15.2-2204, Code of Virginia, (1950), as amended, on behalf of the
Planning Commission of the City of Roanoke, she has sent by first-class mail on the 3rd
day of December, 2002, notices of a public hearing to be held on the 19th day of
December, 2002,on the rezoning captioned above to the owner or agent of the parcels
listed below at their last known address:
Parcel Owner's Name
3130428 Ashby and Winnie Huffman
3130429 Petitioner
Mailing Address
826 Mississippi Avenue
Roanoke, VA 24012
Martha Pace Franklin
SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke,
Virginia, this 3rd day of December, 2002
/ Notary Public
My Commission Expires:
MARY F. PARKER, CMC
City Clcrk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540} 853-2541
Fax: (540) 853-1145
E-mail: clcrk~ci.roanok¢.va.us
December 10, 2002
File #514
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Robert B. Manetta, Chair
City Planning Commission
2831 Stephenson Avenue, S. W.
Roanoke, Virginia 24014
Dear Mr. Manetta:
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 received in the City Clerk's Office on December 3, 2002, from
Kristi Parr, Petitioner, requesting that a certain ten foot wide alley located on the west lot
line of a portion of Lot 5, containing 0.04 acre, more or less, Queenburg Heights, as the
property intersects with Mississippi Avenue, N. E., and between Official Tax Nos. 3130429
and 3130428, be permanently vacated, discontinued and closed.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Enclosures
N:\CKMH l~R.ezonings - Street. Alley Closings.02~Parr. alley closing.amended.wpd
Robed B. Manetta, Chair
December 10, 2002
Page 2
pc:
The Honorable Mayor and Members of the Roanoke City Council
Kristi Parr, 830 Mississippi Avenue, N. E., Roanoke, Virginia 24019
Willard N. Claytor, Director, Real Estate Valuation
Evelyn D. Dorsey, Zoning Administrator
Mar[ha P. Franklin, Secretary, City Planning Commission
Philip C. Schirmer, City Engineer
William M. Hackwor[h, City Attorney
Steven J. Talevi, Assistant City Attorney
J. Thomas Tasselli, Development Review Coordinator
N:\CKMHl~ezonings - Street. Alley Closings.02~Parr.alley c]osing.amended.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
IN RE:
Application of Kristi Parr
For vacation of Alley
AMENDED APPLICATION FOR
VACATING, DISCONTINUING
AND CLOSING OF ALLEY
MEMBERS OF COUNCIL:
Kristi Parr, Petitioner, applies to have a 10 foot alley, in the City of
Roanoke, Virginia, permanently vacated, discontinued and closed, pursuant to
Virginia Code Section 15.2-2006 and Section 30-14, Code of the City of
Roanoke (1979), as amended. This alley is more particularly described on the
plat attached and as follows:
That certain 10 foot wide alley lying and being on the
west lot line of Part of Lot 5, containing 0.04 of an
acre, more or less, Queenburg Heights, Roanoke
City, Virginia, as shown on plat of survey prepared
by John E. Ramsey, LS, dated August 22, 2002, a
copy of which is attached hereto, as it intersects with
Mississippi Avenue. Said alley is located between
Official Tax Map Numbers 3130429 and 3130428.
Kristi Parr 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. That a fence owned by Ms. Parr is currently located on said alley and
the transfer would solve the problem of having the fence on public
property.
3. Ms. Parr also has been advised by the City staff that a
recommendation has been made not to charge the Petitioner for the
alley.
~I'IERI~FORI~, Kristi Parr respectfully requests that above-described
alley be vacated by the Council of the City of Roanoke, Virginia, in accordance
with Virginia Code Section 15.2-2006 and Section 30-14, Code of the City of
Roanoke (1979), as amended.
Respectfully submitted
Kristi Parr
830 Mississippi Avenue, NE
Roanoke, VA 24019
(540) 366-9797
Kri~ti Parr
Official Tax Map
Number
Adjoining Property Owners
Owner
3130428
Ashby A. & Winnie G.
Huffman
Mailing Address
826 Mississippi Ave, NE
3130424
3130616
Barbara P. Clark
Lorie J. Wilkins
2804 Hollins Road, NE
827 Mississippi Ave, NE
SOUTHERN TITLE 5409&bqgbl U~/~ 'u~ 'lU:U~ NV.Yf3
IPF 49.97' IPF [PF L2 IPF
o
LOT 6 5''---~'
~----LOT 4
PA,T oF
o LOT 5 O
0,208
o ACRE
CONC.
,, 59.8,, 50.00.
IPF LI ~PS
MtSS I SS I PPt AVENUE
(50' R/WI
LINE BEARING DISTANCE
L I N 89°11'00'w 45,00'
L 2 S 88°52'45"E 45,10'
I. THIS SURVEY HAS BEEN pREPARED WITHOUT
BENEFIT OF A TITLE REPORT AND DOES NOT.
THEREFORE. NECESSARILY INDICATE ALL
ENCUMBRANCES UPON THE PROPERTY,
THE SUBJECT PROPERTY IS WITHIN THE LIMITS
OF ZONE C AS SHOWN ON THE FEMA FLOOD RATE
MAP. THIS DETERMINATION IS EASED OM SCALED
~NFORMATION NOT VERIFIED BY FEILD ELEVATIONS
I HEREBY CERTIFY THAT THIS SURVEY TO THE BEST OF MY KNOWLEDGE
AND SELIEF IS CORRECT AND COMPLIES WITH THE MINIMUM PROCEDURES
AND STANDARDS ESTASLISHEO BY TH[ V.S.B. OF APELSCLA AND THERE
ARE NO VISIBLE' ENCROACHMENTS OR PROTRUSIONS EXCEPT AS SHOWN.
RESURVEY OF
PART OF LOT 5.
OUEENBURG HEIGHTS
CITY OF ROANOKE, VIRGINIA
SOURCE:TURN KEY BU[LOERS. INC. (DOCeOIOO04612)
SCALE: l' - ~0' IDATE: 08/~2/021TAX e$)'304~9
FOR:KRISTI L PARR IJOSNO.:02132
CENTRAL SURVEYING
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@el.roanoke.vagus
November 4, 2002
File #514
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Robert B. Manetta, Chair
City Planning Commission
2831 Stephenson Avenue, S. W.
Roanoke, Virginia 24014
Dear Mr. Marietta:
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 received in the City Clerk's Office on November 1,2002, from Kristi Parr,
Petitioner, requesting that a certain ten foot wide alley lying and being on the west lot line
of a portion of Lot 5, containing 0.208 acre, more or less, Queenburg Heights, as the
property intersects with Mississippi Avenue, N. E., and located between Official Tax Nos.
3130429 and 3130428, be permanently vacated, discontinued and closed.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Enclosures
H:hRezonings - Street. Alley Closings.02\Parr.alley closing.wpd
Rober~ B. Marietta, Chair
November 4, 2002
Page 2
pc;
The Honorable Mayor and Members of the Roanoke City Council
Kristi Parr, 830 Mississippi Avenue, N. E., Roanoke, Virginia 24019
Willard N. Claytor, Director, Real Estate Valuation
Evelyn D. Dorsey, Zoning Administrator
Martha P. Franklin, Secretary, City Planning Commission
Philip C. Schirmer, City Engineer
William M. Hackwor[h, City Attorney
Steven J. Talevi, Assistant City Attorney
J. Thomas Tasselli, Development Review Coordinator
H:LRezonings - Street. Alley Closings.02~Parr. alley closing.wpd
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
£-mail: ¢lcrk~¢i.roanok¢.va.us
Januaw 28,'2003
File #514
STEPHANIE M. MOON
Deputy City Clerk
SHE1LA N. HARTMAN
Assistant City Clerk
Ms. Lillie T. Patterson
c/o St. Paul United Methodist Church, Board of Trustees
502 Gilmer Avenue, N. W.
Roanoke, Virginia 24016
Dear Ms. Patterson:
I am enclosing two attested copies of Ordinance No. 36217-012103 authorizing the
alteration and closing, by barricade, of that portion of Moorman Road, N. W., at its
intersection with Fifth Street, N. W.; and dispensing with the second reading by title of this
ordinance.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Tuesday, January 21, 2003, and is in full force and
effect upon its passage.
Mary F. Parker, CMC
City Clerk
MFP:mh
Enclosure
pc:
Mr. William L. Allen, 2406 Hanover Avenue, N. W., Roanoke, Virginia 24017
Ms. Audrey Wheaton, 1324-D Essex Avenue, N. W., Roanoke, Virginia 24017
Ms. Ludie P. Moore, 506 Moorman Road, N. W., Roanoke, Virginia 24016
The Honorable David C. Anderson, City Treasurer
Darlene L. Burcham, City Manager
Rolanda A. Russell, Assistant City Manager for Community Development
Willard N. Claytor, Director, Real Estate Valuation
Evelyn D. Dorsey, Zoning Administrator
Martha P. Franklin, Secretary, City Planning Commission
Philip C. Schirmer, City Engineer
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
J. Thomas Tasselli, Development Review Coordinator
H:~Agenda.03~Janua,3, 21, 2003 correspondence.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21st day of January, 2003.
No. 36217-012103.
AN ORDINANCE authorizing the alteration and closing bybamcade of certain public right-
of-way in the City of Roanoke, Virginia, as are more particularly described hereinafter, and
dispensing with the second reading by title of this ordinance.
WHEREAS, the Trustees of St. Paul United Methodist Church filed an Application to the
Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to alter and
close by barricade the public right-of-way described hereinafter; and
WHEREAS, the City Planning Commission, which after giving proper notice to all
concerned as required by {330-14, Code of the City of Roanoke (1979), as amended, and after having
conducted a public heating on the matter, has made its recommendation to Council; and
WHEREAS, public heating was held on said application by the City Council on January 21,
2003, after due and timely notice thereof as required by {330-14, 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 Application; and
WHEREAS, it appearing from the foregoing that the land proprietors affected by the
requested closure by barricade of the subject public right-of-way have been properly notified; and
WHEREAS, from all of the foregoing, the Council considers that no substantial
inconvenience will result to any individual or to the public from altering and closing by barricade
said public right-of-way, and that such alteration will promote the safety and welfare of those using
the subject public right-of-way and the right-of-way in the vicinity of the fight-of-way to be closed.
THEREFORE, BE IT ORDAINED bv 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 Moorman Road, N.W., at its intersection with 5th Street, N.W.
be, and hereby is, altered and closed by way of a barricade, as described in said Application.
BE IT FURTHER ORDAINED that the City Engineer be, and he is, directed to mark
"Altered and Closed by Barricade" on said right-of-way on all maps and plats on file in his office on
which said rights-of-way are shown, referring to the book and page of ordinances and resolutions of
the Council of the City of Roanoke, Virginia, wherein this Ordinance shall be spread.
BE IT FURTHER ORDAINED that the Trustees of St. Paul United Methodist Church
deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, an attested copy of this
ordinance in order that said Clerk may make proper notations, if any, of the alteration and closing by
barricade as described above on all maps and plats recorded in that office on which Moorman Road,
N.W. at its intersection with 5th Street, N.W., appear.
BE IT FINALLY ORDAINED that pursuant to the provisions of{}l 2 of the City Charter, the
second reading of this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
Architectural Review Board
Board of Zoning Appeals
Planning Commission
CITY OF ROANOKE
PLANNING BUILDING AND DEVELOPMENT
215 Church Avenue, S.W., Room 166
Roanoke, Virginia 24011
Telephone: (540) 853-1730 Fax: (540) 853-1230
E-mail: plan ning~ci.roanoke.va.us
Janua~ 21,2003
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Vice Mayor
Honorable William H. Carder, Council Member
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable William D. Bestpitch, Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject:
Request from Trustees of St. Paul United Methodist Church that a
portion of Moorman Road, N.W, be barricaded at its intersection
with 5th Street, N.W.
Planning Commission Action:
Public hearing was held on Thursday, December 19, 2002, and by a vote of 6-0
(Mr. Williams absent), the Planning Commission recommended approval of the request.
Background:
The petitioner requests that Moorman Road, N.W. be closed by barricade where
th
it intersects with 5 Street, N.W. The petitioner initially met with staff to discuss the
process for and feasibility of vacating the portion of Moorman Road between Gilmer
Avenue and 5th Street, N.W. The petitioner has long-term plans to develop a
community center and amphitheater on the western side of its property on Moorman
Road. At present, the petitioner is building additions to the St. Paul United Methodist
Church on its southern and western sides. The petitioner contends that the proposed
request will increase pedestrian safety and protect their building from vehicular
damage.
Staff advised the petitioner that in order to vacate the right-of-way, several
parcels adjoining it would need to be acquired. At present, vacation of this portion of
Moorman Road would land lock four parcels, and is thus not feasible. The petitioner
chose to petition to barricade this section of Moorman Road after staff advised the
petitioner of all potential options.
Considerations:
This section of Moorman Road is adjoined by parcels zoned RM-2, Residential
Multi-family Medium Density District, to the north, east and west. Adjoining it on its
southern side are parcels zoned C-2, General Commercial District. Across 5th Street
and to the south of Moorman Road is zoned LM, Light Manufacturing.
With one exception, all of the parcels on the southern side of the subject portion
of Moorman Road are vacant. A single-family residence is the only property requiring
access from Moorman Road. The petitioner's property, St. Paul United Methodist
Church lies on the northern side of the subject portion of Moorman Road. South of the
subject portion of Moorman Road on 5th Street is a block of vacant commercially zoned
property.
The area is served by public utilities. Staff received comments from American
Electric Power (AEP), Verizon and Roanoke Gas. The latter two stated they have no
facilities in the right-of-way. AEP stated that it does and would need to maintain an
easement. However, the proposed barricade will not affect access to utilities, and since
no right-of-way is being vacated, public utility easements are not necessary for this
petition.
The Manager of Streets and Traffic advised that closing Moorman at 5th Street
will increase the volume of traffic on Gilmer Avenue as it approaches
5th Street. Gilmer
is only 28 feet wide in this area with parking allowed on both sides of the street. The
narrowness of Gilmer combined with the barricading of Moorman may create problems
that would warrant restriction of parking at certain times on Gilmer, e.g. during Church
service hours.
The Manager of Streets and Traffic also advised that the barricade would require
appropriate signage at Gilmer/Moorman and 5th Street. The barricade would consist of
a section of guardrail with a 'road closed' sign facing 5th Street and a 'dead end' sign
where Gilmer Avenue meets eastbound Moorman Road, and would be installed by City
workforce.
Guardrail has been proposed because it can be easily removed and roused
elsewhere in the City, and is inexpensive for a temporary installation.
During the Planning Commission public hearing, Lillie Patterson presented the
request on behalf of the church. Frederick Gusler presented the staff report.
Commission discussion centered on the purpose of the proposed barricade. Mr.
Manetta asked how much of a safety issue existed at the site. Staff replied that it did
not know if the subject aroa was unsafe, but that the Petitioner currently is having work
done on their building close to the Moorman Road. Mr. Manetta stated that it may be
possible to get a permit to close the street while construction work is underway. Staff
replied that it was the Petitioner's intent to eventually vacate the subject portion of
Moorman Road and it wished to petition to close the street by barricade in the
2
meantime.
Mr. Rife said that the staff recommendation to close the street by barricade for a
one-year period would allow staff and the Planning Commission to gauge the impact of
closing the subject portion of Moorman Road before a petition to vacate would be filed.
Mr. Manetta said that staff should look at some traffic calming measures for the
site in the future instead of a barricade. Staff replied that it didn't see any traffic
calming measures that would alter the traffic pattern of the street, and that the one-year
period would serve as a trial basis in the event that a petition to vacate the subject
portion of Moorman Road is filed. Staff also advised that the guardrail barricade is not
intended to be on the street long-term, and that the Petitioner will be financially
responsible for any form of permanent closure if after the one-year period that Council
should decide the street should be permanently closed (in lieu of a petition to vacate).
There were no additional persons present who spoke in opposition to or in favor
of the request.
Recommendation:
The Planning Commission recommends approval of the request to barricade
Moorman Road at its intersection with 5th Street, N.W. on a temporary basis for a
specified time period of one year from the date of adoption of the ordinance. The one-
year period will allow staff to evaluate the impact of the barricade before considering a
permanent closure or vacation of the right-of-way. This time period should also be
sufficient for the petitioner to complete the construction work underway (with the benefit
of less traffic), and take steps to acquire the properties needed to file a petition to
vacate this section of Moorman Road.
CC:
Respectfully submitted,
Robert B Manetta, Chairman
Roanoke City Planning Commission
Darlene L. Burcham, City Manager
Rolanda Russell, Assistant City Manager for Community Development
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
Petitioner
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
Petition of Board of Trustees of )
St. Paul United Methodist Church, )
502 Gilmer Avenue, N.W., for )
barricading the 500 block of Moorman )
Road, N.W., Roanoke, Virginia )
PETITION TO CLOSE BY BARRICADE THE
500 BLOCK OF MOORMAN ROAD, N.W.
MEMBERS OF COUNCIL:
The Trustees of St. Paul United Methodist Church apply to have Moorman Road, N.W.
barricaded at its intersection with 5~ Street, N.W., pursuant to Virginia Code Section 15.2 - 2006
and Section 30-14, Code of the City of Roanoke (1979), as amended. The ingress/egress of
Moorman Road, N.W., at its intersection with 5t~ Street, N.W., to be barricaded is more
particularly described on the attached map.
The Trustees of St. Paul United Methodist Church state that the grounds for this petition
are as follows:
(1) Safety against injmy to pedestrians, especially to children, the elderly and motorists
attempting to proceed along said arm.
(2) Protection against property damage to the church that sits within feet where vehicle
traffic enters Moorman Road fi.om 5a Street.
(3) Safety for persons who must cross Moorman Road fi.om parking lot to access church
building.
(4) Property to be barricaded is presently being used as a through way of approximately 300 fi..
by 28 fl. at Moorman Road west of 5t~ Street and south of the 500 block o£Gilmer Avenue, N.W.
(5) St. Paul United Methodist Church has furore plans to expand across Moorman Road to
build an education and recreation center designed to benefit neighborhood families.
WHEREFORE, the Trustees of St. Paul United Methodist Church respectfully request that
the above described street be barricaded by the Council of the City of Roanoke, Virginia in
accordance with Virginia Code Section 15.2-2006 and Section 30-14, Code of the City of
Roanoke (1979), as mended.
Respectfully submitted,
Lillie T. Patterson for the Trustees of
St. P~I United Methodist Church
~'I~ie~E-Patlerson
Date
Church Telephone No.: (540) 343-7777
L. T. Patterson Telephone No.: (540) 5622551
ADJOINING PROPERTY OWNERS
Tax MapNo.
2012104
2012105
2012106
2012107
2012108
2012117
2012118&
2012201
Name of Own~
William L. Allen
Audrey Wheaton
Trustees of St. Paul
United Methodist Church
L. P. Moore
L. P. Moor*
Ludie P. Moore
Trustees of St. Paul
United Methodist Church
Mailing Address
2406 Hanover Ave., NW
Roanoke, VA 24017
1324 - D Essex Ave., NW
Roanoke, VA 24017
502 Gilmer Ave., NW
Roanoke, VA 24016
506 Moorman Road, NW
Roanoke, VA 24016
506 Moorman Road, NW
Roanoke, VA 24016
506 Moorman Road, NW
Roanoke, VA 24016
502 G-ilmer Avenue, N'3,V
Roanoke, VA 24016
Proposed Barricade:
Moorman Ave, NW at 5th St, NW
11422
Coca-Cola
S
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
.................................................. + ...........................
ST. PAUL UNITED METH.
502 GILMER AVENUE, NW
ATTN: LILLIE PATTERS
ROANOKE VA 24016
REFERENCE: 80097339
02049388
Moorman Rd.
State of Virginia
City of Roanoke
I, (the undersigned) an authorized representative
of the Times-World Corporation, which corporation
is publisher of the Roanoke Times, a daily
newspaper published in Roanoke, in the State of
Virginia, do certify that the annexed notice was
published in said newspapers on the following
dates:
City/County of Roanoke, Commonwealth/State of
Virg~/lia. Sworn and subscribed before me this
_~ _~____day of January 2003. Witness my hand and
o~c~_l seal ~ ~
~-~ ~T~tTT i o[-T~p i r e s--Z__-~ZZ~_~__.~__~___.
PUBLISHED ON: 01/03 01/10
TOTAL COST: 202.40
FILED ON: 01/17/03
Authorized
Signature: ..... Billing Services Representative
NOTICE OF PUBLIC HEARING
TO WHOM IT MAY CONCERN:
The Council of the City of Roanoke will hold a Public Hearing on Tuesday, January
21, 2003, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council
Chamber in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., on an
application to alter and close by barricade, the following public right-of-way:
That portion of Moorman Road, N.W. at its intersection with 5th Street, N.W.
A copy of this proposal is available for public inspection in the Office of the City
Clerk, Room 456, Noel C. Taylor Municipal Building. All parties in interest may appear on
the above date and be heard on the question. If you are a person with a disability xvho needs
accommodations for this public hearing, contact the City Clerk's Office, 853-2541, by
Thursday, January 16, 2003.
GIVEN under my hand this 30thday of December , 2002.
Mary F. Parker, City Clerk.
H:/NOTICES/NB-MO O RMANROAD 012103 DOC
Notice to Publisher:
Publish in the Roanoke Times once on Friday, January 3, 2003, and once on Friday,
January 10, 2003.
Send affidavit to:
Mary F. Parker, City Clerk
215 Church Avenue, S. W.
Roanoke, Virginia 24011
(540) 853-2541
Send bill to:
Lillie T. Patterson, Board of Trustees
c/o St. Paul United Methodist Church,
502 Gilmer Avenue, N.W.
Roanoke, Virginia 24016
(540) 562-2551
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk~ci.roanoke.va.us
January 9, 2003
File #514
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clcrk
Ms. Lillie T. Patterson
c/o St. Paul United Methodist Church, Board of Trustees
502 Gilmer Avenue, N. W.
Roanoke, Virginia 24016
Dear Ms. Patterson:
Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of
Roanoke on Tuesday, April 6, 1981, I have advertised a public hearing for Tuesday,
January 21, 2003, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the
City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on the request of St. Paul United Methodist Church, Board of
Trustees, that a portion of Moorman Road, N. W., be barricaded at its intersection with
Fifth Street, N. W.
For your information, I am enclosing copy of a report of the City Planning Commission, a
notice of the public hearing and an Ordinance. Please review the documents and if you
have questions, you may contact Steven J. Talevi, Assistant City Attorney, at
540-853-2431. Questions with regard to the City Planning Commission report should be
directed to the Department of Planning, Building and Development at 540-853-1730.
It will be necessary for you, or your representative, to be present at the January 21
public hearing. Failure to appear could result in a deferral of the matter until a later
date.
Sincerely,
City Clerk
MFP:mh
Enclosure
H:\Public Hearings.03~January 21.att-po.lttrs.wpd
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk~ci.roanoke.va.us
January 9,2003
File #514
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assislant City Clerk
Mr. William L. Allen
2406 Hanover Avenue, N. W.
Roanoke, Virginia 24017
Ms. Ludie P. Moore
506 Moorman Road, N. W.
Roanoke, Virginia 24016
Ms. Audrey Wheaton
1324-D Essex Avenue, N. W.
Roanoke, Virginia 24017
Ladies and Gentlemen:
Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of
Roanoke on Tuesday, April 6, 1981, I have advertised a public hearing for Tuesday,
January 21,2003, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the
City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on the request of St. Paul United Methodist Church, Board of
Trustees, that a portion of Moorman Road, N. W., be barricaded at its intersection with
Fifth Street, N. W.
The City Planning Commission is recommending that Council approve the request for a
barricade. If you would like to receive a copy of the report of the City Planning
Commission, please call the City Clerk's Office at 540-853-2541.
This letter is provided for your information as an interested property owner and/or adjoining
property owner. If you have questions with regard to the matter, please call the
Department of Planning, Building and Development at 540-853-1730.
Sincerely,
Mary F. Parker, CMC.
City Clerk
MFP:mh
H:\Public Headngs.03~January 21.att-po.lttrs.wpd
TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA
PERTAINING TO THE CLOSURE REQUEST OF:
St. Paul United Methodist Church for barricade at inter-
Section of Moorman and 5th, N.W.
AFFIDAVIT
COMMONWEALTH OF VIRGINIA
TO-WIT:
CITY OF ROANOKE
The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary
to the Roanoke City Planning Commission, and as such is competent to make this
affidavit of her own personal knowledge. Affidavit states that, pursuant to the
provisions of Section 15.2-2204, Code of Virginia, (1950), as amended, on behalf of the
Planning Commission of the City of Roanoke, she has sent by first-class mail on the 3rd
day of December, 2002, notices of a public hearing to be held on the 19th day of
December, 2002,on the rezoning captioned above to the owner or agent of the parcels
listed below at their last known address:
Parcel Owner's Name
2012108 L.P. Moore
2012117
2012118 Petitioner
2012201
Mailing Address
506 Moorman Road, NW
Roanoke, VA 24016
Martha Pace Franklin
SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke,
Virginia, this 3rd day of December, 2002
My Commission Expires:
NOTICE OF PUBLIC HEARING BEFORE THE CITY OF ROANOKE PLANNING
COMMISSION
TO WHOM IT MAY CONCERN:
The City of Roanoke Planning Commission will hold a public hearing on Thursday, December
19, 2002, at 1:30 p.m., or as soon as the matter may be heard, in the City Council Chamber,
fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., to consider the
following:
Request fxom Trustees of St. Paul United Methodist Church that a portion of Moorman
Road, N.W, be barricaded at its intersection with 5th Street, N.W.
A copy of said application is available for review in the Department of Planning Building
and Development, Room 166, Noel C. Taylor Municipal Building.
All parties in interest and citizens may appear on the above date and be heard on the
matter. If you are a person who needs accommodations for this hearing, please contact the
Department of Plarming Building and Development at 853-1730 before 12:00 noon on the
Monday before the date of the heating listed above.
Martha P. Franklin, Secretary
City of Roanoke Planning Commission
Please print in newspaper on December 3 and 10, 2002
Please bill:
St. Paul United Methodist Church
502 Gilmer Avenue, N.W.
Roanoke, VA 24016-1714
Please send affidavit of publication to:
Department of Planning Building and Development
Room 166, Municipal Building
215 Church Avenue, SW
Roanoke, VA 24011
MARY F. PARKER, CMC
Ci~7 Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk~ci.roanoke.va, us
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
November 11,2002
File #514
Robe~ B. Mane~a, Chair
City Planning Commission
2831Stephenson Avenue, S.W.
Roanoke, Virginia 24014
Dear Mr. Marietta:
Pursuant to Section 30-14 of the Code of the City of Roanoke (1979), as amended, I am
enclosing copy of a petition received in the City Clerk's Office on November 7, 2002, from
St. Paul United Methodist Church, Board of Trustees, 502 Gilmer Avenue, N. W.,
requesting that the 500 block of Moorman Road, N. W., be closed by barricade.
Mary F. Parker, CMC
City Clerk
MFP:mh
Enclosures
H:XRezonings - Street. Alley Closings.02\St. Paul United Methodist Church. Barricade.wpd
Robert B. Manetta, Chair
November 11,2002
Page 2
poi
The Honorable Mayor and Members of the Roanoke City Council
Lillie T. Patterson, c/o Paul United Methodist Church, Board of Trustees, 502 Gilmer
Avenue, N. W., Roanoke, Virginia 24016
Willard N. Claytor, Director, Real Estate Valuation
Evelyn D. Dorsey, Zoning Administrator
Mar[ha P. Franklin, Secretary, City Planning Commission
Ronald L. Smith, Building Commissioner
Philip C. Schirmer, City Engineer
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
H:LRezonings - Stz'eet.Alley Closings.02\St. Paul United Methodist Church. Barficade.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
Petition of Board of Trustees of )
St. Paul United Methodist Church, )
502 Gilmer Avenue, N.W., for )
barricading the 500 block of Moorman )
Road, N.W., Roanoke, Virginia )
PETITION TO CLOSE BY BARRICADE THE
500 BLOCK OF MOORMAN ROAD, N.W.
MEMBERS OF COUNCIL:
The Trustees of St. Paul United Methodist Church apply to have Moorman Road, N.W.
barricaded at its intersection with 5~ Street, N.W., pursuant to Virginia Code Section 15.2 - 2006
and Section 30-14, Code of the City of Roanoke (1979), as mnended. The ingress/egress of
Moorman Road, N.W., at its intersection with 5t~ Street, N.W., to be barricaded is more
particularly described on the attached map.
The Trustees of St. Paul United Methodist Church state that the grounds for this petition
are as follows:
(1) Safety against injmy to pedestrians, especially to children, the elderly and motorists
attempting to proceed along said area.
(2) Protection against property damage to the church that sits within feet where vehicle
traffic enters Moorman Road from 5'a Street.
(3) Safety for persons who must cross Moorman Road fxom parking lot to access church
building.
(4) Property to be barricaded is presently being used as a through way of approximately 300
by 28 fi. at Moorman Road west of 5ta Street and south of the 500 block of Gilmer Avenue, N.W.
(5) St. Paul United Methodist Church has future plans to expand across Moorman Road to
build an education and recreation center designed to benefit neighborhood families.
WHEREFORE, the Trustees of St. Paul United Methodist Church respectfully request that
the above described street be barricaded by the Council of the City of Roanoke, Virginia in
accordance with Virginia Code Section 15.2-2006 and Section 30-14, Code of the City of
Roanoke (1979), as amended.
Respectfully submitted,
Lillie T. Patterson for the Trustees of
St.~Pd~.Unit ed M ethodist Church
Patterso~
Date
Church Telephone No.: (540) 343-7777
L. T. Patterson Telephone No.: (540) 5622551
ADJOINING PROPERTY OWNERS
Tax ManNo.
2012104
2012105
2012106
2012107
2012108
2012117
2012118&
2012201
Name of Owner
William L. Allen
Audrey Wheaton
Trustees of St. Paul
United Methodist Church
L. P. Moore
L. P. Moore
Ludie P. Moore
Trustees of St. Paul
United Methodist Church
Mailing Address
2406 Hanover Ave., NW
Roanoke, VA 24017
1324 - D Essex Ave., NW
Roanoke, VA 24017
502 CAlmer Ave., NW
Roanoke, VA 24016
506 Moorman Road, NW
Roanoke, VA 24016
506 Moorman Road, NW
Roanoke, VA 24016
506 Moorman Road, NW
Roanoke, VA 24016
502 CAlmer Avenue, NW
Roanoke, VA 24016
Proposed Barricade:
Moorman Ave, NW at 5th St, NW
11422
Coca-Cola
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011 - 1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: ¢lcrk(~ci.roanok¢.va.us
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
January 28, 2003
File #165-200
Robert B. Manetta, Chair
City Planning Commission
2831 Stephenson Avenue, S. W.
Roanoke, Virginia 24014
Dear Mr. Manetta:
I am enclosing copy of Ordinance No. 36219-012103 approving the Belmont Neighborhood
Plan, and amending Vision 2001 - 2020, the City's Comprehensive Plan, to include the
Belmont Neighborhood Plan; and dispensing with the second reading of this ordinance by
title.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Tuesday, January 21, 2003, and is in full force and
effect upon its passage.
Sincerely,
Mary F. Parker., CMC
City Clerk
MFP:mh
Enclosure
pc:
Sandra Eanes, President, Southeast Action Forum, Inc., 1616 Stewart Avenue,
S. E., Roanoke, Virginia 24013
Bobby Meadows, President, Historic Belmont Preservation Association, 410 Bullitt
Avenue, S. E., Roanoke, Virginia 24013
Darlene L. Burcham, City Manager
Rolanda A. Russell, Assistant City Manager for Community Development
Martha P. Franklin, Secretary, City Planning Commission
;?-.~ HSAgenda.03'~Januaw 21, 2003 correspondence.wi:
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21st day of January, 2003.
No. 36219-012103.
AN ORDINANCE approving the Belmont Neighborhood Plan, and amending Vision
2001 - 2020, the City's Comprehensive Plan, to include the Belmont Neighborhood Plan; and
dispensing with the second reading of this ordinance by title.
WHEREAS, the Belmont Neighborhood Plan (the "Plan") was presented to the
Planning Commission;
WHEREAS, the Planning Commission held a public hearing on December 19, 2002,
and recommended adoption of the Plan and amending Vision 2001 - 2020, the City's
Comprehensive Plan (the "Comprehensive Plan"), to include such Plan; and
WHEREAS, in accordance with the provisions of {}15.2-2204, Code of Virginia
(1950), as amended, a public hearing was held before this Council on Tuesday, January 21,
2003, on the proposed Plan, at which hearing all citizens so desiring were given an
opportunity to be heard and to present their views on such amendment.
THEREFORE, BE IT ORDAiNED by the Council of the City of Roanoke as follows:
1. That this Council hereby approves the Belmont Neighborhood Plan and amends
Vision 2001 - 2020, the City's Comprehensive Plan, to include the Belmont Neighborhood
Plan as an element thereof.
2. That the City Clerk is directed to forthwith transmit attested copies of this
ordinance to the City Planning Commission.
3. Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
CITY OF ROANOKE
PLANNING BUILDING AND DEVELOPMENT
215 Church Avenue, S.W., Room 166
Roanoke, Virginia 24011
Telephone: (540) 853-1730 Fax: (540) 853-1230
E-mail: planning~ci.roanoke.va.us
January 21,2003
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Vice Mayor
Honorable William H. Carder, Council Member
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable William D. Bestpitch, Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject:
Amendment of Vision 2001-2020, the City's comprehensive plan, to
include the Belmont-Fallon Neighborhood Plan.
Planning Commission Action:
Public hearing was held on Thursday, December 19, 2002, and by a vote of 5-0
(Messrs. Hill and Williams absent), the Planning Commission recommended adoption
of the neighborhood plan.
Background:
Development of the Belmont Fa#on Neighborhood Plan began in summer 2000. Three
community workshops were held to involve the stakeholders in identifying issues and
possible improvement projects. Planning staff developed the plan based on the
community's concerns and study of neighborhood conditions. A draft of the plan was
distributed to key City staff and their comments were incorporated. A fourth workshop
was held to present the draft plan to the community.
Considerations:
The plan sets out specific actions for neighborhood improvement as well as policies to
guide future development. There are 35 policies and 38 actions. Of these, there are
five high-priority initiatives:
· Comprehensive zoning changes
· Implementation of Neighborhood Design District
· Improvement of corridors and gateways
· Housing development and revitalization
· Encouragement of vibrant village centers
The plan includes a future land use map to guide development and zoning patterns in
the neighborhood. The future land use plan reinforces traditional neighborhood
patterns with a network of commercial centers. These centers are surrounded by
higher density residential development, with lower residential densities throughout the
rest of the neighborhood. The portion of Belmont near downtown is identified for
residential-office mix to encourage revitalization.
The Bullitt-Jamison corridor was selected as the pilot area for targeting of Community
Development Block Grant funds. A plan called Southeast by Design focuses on this
area and identifies specific housing and infrastructure improvements along the corridor.
Marsh-Witt Associates coordinated with planning staff on the corridor plan.
During the Planning Commission meeting, Chris Chittum presented the staff report.
There was no one present who spoke in opposition to or in favor of the plan.
Recommendation:
The Planning Commission recommended that City Council adopt the Belmont-Fallon
Neighborhood Plan as a component of the City's comprehensive plan.
Respectfully submitted,
Robert B. Manetta, Chairman
City of Roanoke Planning Commission
Attachments
cc: Darlene L. Burcham, City Manager
Rolanda Russell, Assistant City Manager for Community Development
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
IN THE PLANNING COMMISSION OF THE CITY OF ROANOKE, VIRGINIA
This 19th day of December, 2002
A RESOLUTION recommending the adoption of the Belmont-Fallon
Neighborhood Plan as an element of the City's Comprehensive Plan.
WHEREAS, a series of community workshops were held in the Belmont-Fallon
neighborhood to gain input into the plan;
WHEREAS, the draft plan has been reviewed by the neighborhood, city staff, and
the Long Range Planning Committee of the City of Roanoke Planning Commission; and
WHEREAS, the Belmont-Fallon Neighborhood Plan has been advertised in
accordance with Section 15.2-2204 of the Code of Virginia (1950), as amended, and
pursuant to that notice, a public hearing was held on December 19, 2002, at which all
persons having an interest in the matter were given a chance to be heard.
BE IT RESOLVED by the Planning Commission of the City of Roanoke that it
recommends to City Council that the Belmont-Fallon Neighborhood Plan, dated
December 19, 2002, be adopted as an element of the City's Comprehensive Plan, and
that by signature of its Chairman below, the Planning Commission hereby certifies the
attached copy of the neighborhood plan to City Council.
ATTEST:
Chairman
Belmont-Fallon
NEIGHBORHOOD
PLAN
ROANOKE
VIRGINIA
vision
Final Draft for City Council Hearing
January 2002
Planning Building & Development
Introduction
Beimont-Fallon is one of Roanoke's oldest neighborhoods. At least three quarters
of the houses were built between 1890 and 1950. The neighborhood grew around
the railroad shops to provide housing for workers.
The traditional design of the neighborhood -- with large parks, a mixture of
businesses, closely-spaced houses, and narrow streets -- encourages social
interaction of neighbors and a close-knit community.
This plan covers the Belmont and Fallon neighborhoods. The area is bordered
on the north by the Norfolk Southern shops, on the west by downtown, and on the
east by Vinton. The southern border roughly follows Highland Avenue and Dale
Avenue. The larger neighborhood known to many as "Southeast" has well-defined
edges on the south and east with natural corridors along the Roanoke River and
Tinker Creek. The western edge is defined by Interstate 581, which separates the
neighborhood fi.om downtown.
Like many older downtown neighborhoods, Belmont-Failon has suffered from
the flight ofpenple to suburban areas. But the neighborhood ~aains viable.
Concerted efforts are needed to revitalize the neighborhood. With renewed interest
in traditional neighborhoods, the neighborhood is well positioned for ~witalizafion.
! /
High priority initiatives This plan proposes five priorily initiatives:
· Comprehensive zoning changes
Implementation of thc Neighborhood Design District to control design of
new infill development.
Physical improvement of corridors and gateways
· Housing development and revitalization
· Encouraging vibrant village centers
These initiatives are reflected in the policies and actions located in the Recommen-
dations section.
2
Discussion in this plan is organized into six major Plan Elements:
· Community Design
Residential Development
Economic Development
Infrastructure
· Public Services
· Quality of Life
The Community Design dement looks at physical design features and land use
patterns. Residential Development addresses existing and new housing opportuni-
ties. Economic Development deals with commercial and industrial development in
the neighborhood. The Infi'astmcture plan element evaluates transportation
systems and utility systems such as water, sewer, and storm drainage. The Public
Services element assesses Fire/EMS, police and other city services. Finally, the
Quality of Life element addresses recreational opportunities, environmental issues,
education, and community development. Each plan element contains information
about current conditions and issues.
3
Community Design
Physical Layout
Bdmont-Fallon is in the southeast quadrant of the city. It is the northern part of the
area commonly known as "Southeast." It has a traditional neighborhood design
with narrow, tree-lined streets that are arranged in a classic grid system with
occasional angles, offsets, and curves. Sidewalks are usually on both sides of the
street and have a grass planting strip between the sidewalk and curb. Houses are
typically close to the front property line (15'-25') and are close to each other (10'-
15'). Alleys provide access to parking and rear yards/garages and also provide a
place for utilities and trash collection. Houses tend to be of similar scale, massing,
and architecture, and most have porches. Though houses may differ slightly in
materials and features, related house styles create a pleasing rhythm along streets.
The layout of the neighborhood -- where residential areas, commercial areas,
and parks are mixed together -- makes it possible for residents to shop, work, and
take advantage of recreational amenities without having to leave the neighborhood.
More progressive developers throughout the nation are using this traditional design
for new neighborhoods because it creates a sense of place, fosters interaction with
neighbors, and is pedestrian-oriented.
4
Some major streets in the neighborhood such as Dale Avenue and a small
portion of 9th Street near Tazewell Avenue are attractive landscaped boulevards
planted with trees. Bullitt Avenue and Jamison Avenue work together as single
arterial road and have no landscaping. The rolling topography of the neighborhood
makes for excellent views of the downtown skyline as well as neighborhood
roofsoapes often featured in photos of Roanoke. The grid street system is superim-
posed on this rolling topography, which creates variety and results in a unique
character on each slreet. The Mill Mountain Star is visible from most of the
neighborhood.
The neighborhood has focal points and community gathering places in its
schools and parks. Fallon Park and Jackson Park are picturesque with many
mature trees and have a full complement of recreational facilities. Both provide
large amounts of open space. The Old Fire House #7 on Jamison Avenue is
another neighborhood focal point. Since its closing, community groups have used
the fire house for meetings and community activities. Continuing in its role as a
civic amenity, the building is now used as a satellite police statiolx
While people moved from traditional neighborhoods to outlying suburbs
during the last half of the 20th Century, many people are now seeking out older
neighborhoods for their sense of community, physical attractiveness, and conve-
nience. As more people begin to reject long commutes, overreliance on automo-
biles, and the lack of community that go along with conventional suburban
development, neighborhoods like Belmont-Fallon are ripe for revit~liTation.
Respecting and promoting this design is a key to the revitalization of neighbor-
hoods throughout Roanoke.
5
Land Use Patterns
As a traditional neighborhood, Beimont-Fallon's residential, commercial, and
industrial development function as a unit. The predominant land use in Belmont-
Fallon is single-family residential which occupies nearly half of the properties.
About 12% of properties are dedicated to duplex or multifamily uses. Multifamily
housing is dispersed throughout the neighborhood and is generally contained in
large foursquare structures rather than in apartment buildings. A substantial
mount of land is devoted to parks.
Belmom-Fallon has a 60-acre industrial district concentrated along Campbell
Avenue near the Norfolk Southern shops. Only about 2% of the neighborhood's
land area is dedicated to industrial uses.
Most commercial uses are concentrated in four existing ccnters. These
centers provide basic retail and services within close walking distance of
the residents. Various commercial establishments are dispersed throughout the
neighhorhotxt. Commercial uses account for about 4% oftbe neighborhood's
properties.
Nearly 30% of the neighborhood's parcels are vacant (about 108 aores).
Along with the need for improved maintenance of existing housing, future use of
vacant parers will be a key to revitalization. Vacant land is gmerally in small
parcels scattered around the neighborhood, which limits oppommities for major
redevelopment projects.
Demolition of buildings for parking lots is a serious problem in Belmont. Over
three acres of the vacant land in Belmont is dedicated to periodically-used parking.
In Roanoke's downtown neighborhoods, there is a trend of businesses and iustim-
tions purchasing adjaeem properties and demolishing the smaoture to provide more
convenient parking. In some areas, a cycle of purchase and demolition has contin-
ued until entire blocks have become filled with asphalt rather than buildings.
Removal of buildings for parking seriously compromises the urban fabric of the
neighborhood and works agaimt revitalization efforts. At a minimum, parking lots
should be screened and buffered with vegetation to reduca their impact on the
neighborhood.
6
Existing Zoning
Single- & two-family residential
Mulfifamily residential
Neighborhood commercial
~ General commercial
~ Light industrial
~ Heavy industrial
Existing Land Use
Slngl~famlly
Two-family
Multifamlly
~ Commercial
~1~ Industrial
~ InslJtutlonal/public
Vacant
7
Gateways
The appearance of gateways to downtown were cited as important to the image of
the neighborhood. Currently, the gateways are unattractive highway overpasses
that appear unsafe and uninviting. A once seamless connection bet~veen Belmont
and downtown was severed by construction of Interstate 581 in the mid-1960s.
Church Avenue, Dale Avenue, and Bullltt Avenue were dead-ended as part of the
highway project.
There are four gateways that need improvement. Campbell Avenue leads to an
industrial area and is a heavily used connection to Vinton. The gateway has an
unkempt appearance and the areas under the bridge are covered with weeds, trash,
and broken glass. The predominant land use west of the bridge is surface parking.
The Norfolk Southern shops have intexesting industrial structures and Lick Run
parallels Campbell Avenue. Tazewell Avenue passes under 1-581. Surface parking
surrounds the area to the west of the overpass. There are signs of vagrancy
underneath the bridge as well as litter and graffiti. Elm Avenue is a very congested
gateway to downtown. The area is automobile-dominated and dangerous for
pedestrians; small sidewalks have no separation from heavy traffic and it is
difficult to cross the street. Vagrants congregate underneath the bridge and pan-
handle at the exit romp and along Elm Avenue. Finally, Albemarle Avenue will be
the neighborhond's connection with the Carillon Bintech Institute and also con-
nects to Old Southwest. The gateway has a looming, elevated highway overpass
and railroad tracks. There are industrial uses on both sicies of the overpass. The
Mill Mountain Grcenway, which will run between the City Market and Mill
Mountain will pass through this intersection.
Residential Development
While there are many different homing types in Belmont, the predominant style is
the two-story American Foursquare. In the Fallon area, there are more single story
cottage homes. As with most pre-WWlI neighborhoods, the housing in Belmont-
Fallon is very sturdy and well-designed. However, because of their age, the
structures require maintenance. Housing maintenance is a primary concern with
the neighborhood's housing. A 1997 survey determined that 60% of the houses in
Belmont showed some deterioration and 18% of the houses were dilapidated. The
City's Rental Inspection Program, created in 1997, establishes minimum mainte-
nance requirements for rental properties. This program has resulted in visible
improvement in many areas of Belmont.
Belmont-Fa#on has a
diversity of housing styles
and sizes.
9
Bdmont-Fallon has two types of residential zoning:. RM-1 (residential
multifamily, low density) and RM-2 (residential multifamily, medium d~nsity).
RM-1 is generally a single family zone that allows scattered duplexes Coy special
exception), while RM-2 permits multifamily development outright. There are
1,555 residential properties; 81% are single family, 17% are duplexes, and 2% are
multifamily.
Some of the large, two-story houses were originally built as over/under
duplexes. Access to the upper unit was provided either through a rear staircase or
simply through the main entrance. It was common for an extended family to
occupy both units.
Home-ownership is decreasing in the neighborhood. Over half of the residen-
tial properties in Belmont are not owner-occupied. While not a hard and fast role,
owner-occupied properties tend to be better maintained than absentee owner
properties. With an aging population, more owner-occupied properties will likely
be purchased by absentee owners and converted into apartments unless action is
taken to encourage more home ownership.
The City has selected Belmont as a pilot area for its first years of targeting
Community Development Block Grant funds. This project, called Southeast by
Design, will focus over $1 million into housing and infi'astmcture improvements
along the Bullitt-Jamison conidor. A master plan for the corridor is underway and
should he adopted as part of or as an amendment to this plan.
One of the city's public housing developments, Indian Rock Village, is located
at the eastern edge of the neighborhood, indian Rock Village provides 80 public
housing units in a series of townhouse structures. The Roanoke Redevelopment
10
and Housing Authority lists 100 households in the neighborhood that receive
Section 8 vouchers. This indicates that the neighborhood has a fair mount of
affordable, very low-income housing. Creating income diversity is key to stabiliza-
tion and revitalization. Future housing development should promote income
diversity by focusing on market-rate housing and by encouraging home ownership.
Public-sector intervention is needed to sfunulate development by the private sector
of quality market-based housing. This is a major challenge because traditional
funding sources and incentives encourage the development of rno~ low-income
housing, which can perpetuate a neighborhood's status as a low-income area.
At community workshops, participants cited the ~ to improve housing
conditions as the highest priority for the neighborhood. Most houses were built
between 1890 and 1940, so maintenance needs tend to be higher. Residents say
that older residents especially have trouble maintaining their homes.
The area is identified as having historic and unique architectural value. Many
of the vacant lots (about 400) are good opportunities for new housing develop-
ment. It is very important that new housing fit in with the existing housing. The
Neighborhood Design District is a zoning overlay that is a tool to control the
appearance of new infill housing. This plan recommends establishment of this
zonin4~ overlay throughout the neighborhood.
11
Development Opportunities
Vacan~ & zor~cl re~ldent~l
~ V~cant & zoned commerdal
~ Vacant & zoned Industrial
Economic Development
The neighborhood has a diverse mixture of businesses including commercial and
industrial uses. Most business is focused into three village centers, a small strip
shopping center, and an industrial district. Belmont-Fallon is fortunate to have
retained viable village centers that provide basic goods and services within walking
distance. Economic development efforts need to reinforce these areas as centers of
activity and concamtrate businesses into these areas.
Village Centers
The village centers contain basic
services such as convenience II
stores, drug stores, auto parts
stores, and hardware. Existing
village centers should be limited
in size to provide well-defined
business areas. Uses should be
small in scale and serve both the
surrounding neighborhood and
Parkside p!a~a, near the city limits on Dale Avenue, is a future development
opportunity. It was originally developed as a small strip shopping center, lqsion
2001-2020 encourages a "greyfield redeveiopme~" model that develops the street
frontage for retail uses and uses the larger rear buildings for light industrial uses,
with parking on the interior of the development. Parkside Plaza is an ideal candi-
date for this type of redevelopment. Eventually, it could function as a fourth village
center serving the eastern part of the neighborhood.
Corner Commercial
Individual buildings that formerly housed comer commercial development such as
grocery stores are scattered throughout the neighborhood. These are typically
located at comers on side su'eet frontages. Zoning should allow for appropriate
reuse of these structures. Uses should be limited to low-traffic establishments that
serve the surrounding neighborhood.
13
Office-Residential Mix
Larger houses in the areas near downtown are appropriate for a residential-office
mixture. Permitting limited office development should encourage business to
rehabilitate larger homes for offices. Two successful examples of this adaptive
reuse are already located in the area. Time Technologies and Systems 4 are two
businesses that have taken advantage of the location near downtow~ The Systems
4 project rehabilitated an old house for office space on the first floor and retained
the secc~d-floor ~esidantial units. New office development that
occurs in Ih. is area should maintain ~., t~ '
the residential character of the
neighborhood.
Adaptive
reuse:
Systems 4
and Time
Technologies
14
Much of the industrial development in the neighborhood occurred near the Norfolk & Western shops.
Industrial Development
A 60-acre industrial district is located between Campbell Avenue and Tazewell
Avenue across from the Norfolk Southern shops. This district has small-scale
industrial uses as well as some commercial uses such as convenience stores and
restaurants. There are numerous vacant industrial buildings. Most of the industrial
area is in the flood plain. Properties in the industrial district tend to be very small
and, individually, are not suitable for industrial development. The result is a
fragmented and frayed development paUern with vacant buildings and underused
property. Properties under multiple ownerships have to be combined before new
development or expansion can take place. The city could have a role in assisting
with the assembly of lots to encourage high quality development.
The industrial district also contains residential uses. The configuration of the
lots suggests that the area was once residential. Wherever there are intact blocks of
residential uses, the zoning should be changed to residential.
15
Infrastructure
Street System
Thirteenth Street Project
Norfolk'
Soulhem
The grid street system provides excellent aecess both within the neighborhood and
to other parts of the city. The major east-west thoroughfares are Bullitt-Jamison
(Route 24), Tazewell Avenue, and Wise Avenue. 13th Street and 9th Street serve as
the north-south thoroughfares. Congestion exists on Bull'at-Jamison and is pro-
jected to worsen. 13th Street betwem Jamison Avenue and Wise Avenue is also
congested. 9th Street and 13th Street (south of Dale Avenue) have excess capacity
and can handle traffic needs well into the future.
A future improvanem project to realign and widen 13th Street is listed in the
Roanoke City Thoroughfare Plan as a Ngh priority. The proposed project includes
a bridg~ over the railroad tracks to connect with Hollins Road. Residents see the
project as an improvement to connectivity and an opportunity for revitalization
along the corridor. However, they are concermd about the design oftha road and
its potential for negative effects on the surrounding area. New roads should he
carefully designed to ma~tain the existing street grid and preserve neighborhood
character. Irtsion 2001-2020 provides design guidance for new streets. With recent
state funding shortfalls, the status of this project remains uncertain
,/
FALLON
PARK
Transportation System
~ - 13th Street ~ area
·,, Greenway and bikeway contdors
16
Ninth Street
The section of Ninth Street between Bullitt Avenue and Highland Avenue has four
travel lanes and additional turning lanes. With fewer than 8,000 vehicles per day
projected by 2015 ( 199 5-2015 Long Range Transportation Plan), this street is
grossly oversized. At 70 feet, pavement width on Ninth Street has become urmec-
essarily wide and is not pedestrian-friendly. On the surface at least, it appears that
the street could be reconfigured with minimal negative impact on traffic mobility.
This plan recommends reconfiguration of this thoroughfare to an urban boulevard
by converting some of the paveme~ to a landscaped median and on-street parking.
When considering reconfiguration options, potential impacts on traffic movement
must be assessed.
The center median on
9th Street between
Tazewell and Jamison
makes it easier to cross.
The median should be
extended to Highland
Avenue.
Bullitt-Jamison Corridor
Bullitt-Jamison compeers downtown and Vinton and is the major mst-west connec-
tion through the neighborhood. This corridor is a "paired one-way couplet"-- two
small streets, ~ach with one-way traffic, that function as a large arterial street.
Bullitt-Jamison is important because it carries considerable traffic through the
neighborhood and connects four village cemers. The primary use between village
centers is residential. Walking along or crossing the street along this corridor is
uncomfortable and is perceived as dangerous. The corridor is unattractive and
traffic appears to travel at speeds well above the posted limit. Limited short-term
improvements were recently made at some intersections to improve safety.
17
Streetscape and traffic-calming
priorities for Bullitt-Jamison
should be on tree planting.
Planting trees along this corridor
is a challenge because the
planting strip between the curb
and sidewalk is only 2-3 feet
wide. Sidewalks are generally $
feet wide and the width could be
reduced to 4feet in certain
sections to provide more room for
trees. The tree species must be
selected to ensure survivability
and to provide a generous canopy
over the street.
In the majority of cases, two-way streets are preferred over one-way streets.
The City Design section of 14sion 2001-2020 recommends that "one-way streets
should be converted to two-way streets, where possible, to improve access and
promote safer speeds." Conversion of the one-way streets of Bullitt-Jamison to
two-way streets is more difficult than most conversions because the streets
converge into four-lane arterial streets on both ends of the corridor. Moreover,
traffic could not easily be dispersed among other streets.
Safety and llvability issues should be addressed with comprehensive
streetscape and traffic-calming improvements between 6th Street and 13th Street.
Such improvements are important to improving livability along the corridor,
supporting revitalization efforts, and improving neighborhood image. Improvement
strategies for the Bullitt-Jamison corridor should address the following goals:
Improve overall livability along the street
Improve pedestrian safety
Minimize disruption of existing neighborhood
Reduce speed - at least 85% of the traffic should travel at 30 m.p.h, or less
Retain capacity to handle current and future volumes, while not inducing
more traffic
· Keep commuter traffic offof side streets
Ensure other thoroughfares carry their "fair share" of traffic
Streetscape and traffic-calming measures can respond to these goals. Following
are some potential streetscape/traffic-calming tools that may be used along the
corridor:
Planting large-species trees on both sides of the street.
· Installing curb extensions at intersections and mid-blocks to reduce crossing
distance for pedestrians and define parking lanes.
Marking pedestrian crossings with stamped asphalt or other material to create
a change in color and texture.
Painting the shoulder to reduce the apparent pavement width and keep traffic
away from street trees.
· Lateral shifts in the travel lanes from one side of the street to the other.
Speed tables and raised intersections
This plan recommends that the Bullitt-Jamison corridor remain in the current
one-way configuration, with implementation of extensive lxaffic calming measures.
If the recommended traffic-calming strategies do not have the desired effect,
additional measures could be explored, including two-way alternatives.
18
Approaches to traffic calming
and beautification along the
Bullitt~lamison corridor.
Simulation of Bullitt-Jamison with trees,
crosawalks; curb extensions, and
restriping. Note the apparent width is
reduced while the actual width stays the
19
Interstate 73
The comdor for the planned 1-73 interstate cuts along the western edge of the
ncighborhood. While Roanoke City Council advocated a different route, the
Commonwealth TransportaUon Board selcctal the alignment that cuts through the
Belmont and Mormngside neighborhoods. The project is in preliminary stages of
planning and little is known about the furore design of the highway. It is certain
that the highway will have a profound negative effect on the Belmont neighbor-
hood. In addition to removing the area along Fourth Street and the village center at
Elm Avenue and Fourth Street, it will have considerable impacts on properties just
outside the study comdor. There may be an opportunity to reduce negative effects
through "Context Sensitive Design.'' The idea of context sensitive design is
promomd by the Federal Highway Administration as a plaraimg process that
involves the local community in design decisions. This approach is an attempt to
make the project work better within existing communities. The City should
advocate the use of context sensitive design in the design pm'ss. It should be
noted that context sensitive highway des~gn can mitigate some negative urq>aCts,
but cannot (hininate them. If the project proceeds, furore land use and develop-
meat will need to be reevaluated along the entire comdor through the city.
Bicycle/pedestrian
connections
Belmont-Fallon has an excellent network of sidewalks. However, segments of
sidewalk are missing in some places and deterioration is evident, especially in the
northern part of the ncighboflxxxt near the Norfolk Southern shops. A number of
sidewalks are brick. Roanoke's Engineering Division has surveyed the repmr and
construction needs for sidewalk and curbing. Most of the neighborhocd's riced is in
the form of repairs rather than new construction.
The Tinker Creek G-reenway opened in 2001 and provides recreation and
transportation connections along the eastern border with Vinton. The Mill Moun-
tain Greenway will nm along the western border of Belmont. As a fully developed
ncighborhoo& there are few oppormmties for separate greenway facilities. Most
connections will be along existing streets and connect major destinations such as
schools, parks, and other grcenways.
20
Transit service
Bdmont-Fallon is well covered by bus service. Three routes run through the
neighborhood and all households are within a short walk of a bus stop. Valley
Metro estimates that between the three routes, there are over 750 daily riders.
These routes extend to areas outside of the neighborhood and allow residents
convenient access to other areas of the city.
Utilities
Drainage is good and there are few problems. Street lighting is good and is
generally located at corners and along avenues. Power, phone, and cable TV
utilities are generally above ground. Natural gas and public water/sewer are
available throughout the neighborhood. The neighborhood has good access to fiber
optic cable. Additional fiber may be warranted in the 9th Street village
center if the area is designated as a secondary Technology Zone.
21
Public Services
Public Safety
The Old//7 fire house has been
established as a satellite police station.
Officers will staff the station periodi-
cally, establishing a police presence in
the neighborhood and increasing
interaction between police and the
community. The Police Department
works closely with various neighbor-
hood organizations and neighborhood
watch groups in the area. Excellent fire
and rescue response is provided by the
14th S~'cet station and downtown
The Old #7 Fire House is being used as
a satellite police station.
22
Schools and Libraries
Children in Belmont-Fallon have excellent school facilities. Children attend Fallon
Park Elementary or Momingside Elementary. Afar elementary school, students
then attend Jackson Middle School or Madison Middle School, and then either
Patrick Henry or W'flliam Fleming High School. Morningside Elementary and
Jackson Middle School have had major renovations. Jackson Middle School
contains a fitness center that serves the surrounding neighborhood.
Code Enforcement
Code enfomement is cited as a priority among residents. The most common
violations are disabled vehicles and outdoor junk storage. Housing maintenance
ende violations are also common. Residents are active in reporting violations
through the Roanoke Neighborhood Partnership. Code enforcement will be an
ongoing issue and consequently, code enforcement must be an ongo'mg effort.
With increasing levels of rental property, addressing the condition of rental
housing is crucial. The Rental Inspection Program began in 1997 to address the
issue of deteriorating housing and tenant safety and welfare. The program identi-
ties rental housing smactures in the City's Conservation and Rehabilitation
Districts that do not meet housing maintenance code standards. Structures deter-
mined to be in compliar~e with the code are issued a certificate of compliance. For
those that do not, inspectors issue orders for the owner to correct substaodard
conditions. In Belmont-Fallon, the program has resulted in oves 127 structures
being repaired, 27 vacant structures being boarded up, and 23 dilapidated strum
tures demolished. Since its inception, the program has resulted in visible improve-
ments in the oondltion of housing in the neighborhood.
Solid Waste
Management
Trash collection is provided fi.om the alley in most areas. Automated collection has
transferred some refuse collection to the street. The Regional Transfer Station is
located just north of the neighborhood.
23
Quality of Life
Parks and Recreation
Belmont-Fallon has access to some of the best parks in the Roanoke Valley. There
are two very large community parks: Fallon and Jackson. Each has a full comple-
ment of recreational facilities. Jackson Park has the Buena Vista Recreation
Center, which provides community programs and also houses the local office of
the V'uginia Department of
Historic Resources. Fallon Park :
contains one of the City's two
public swimming pools. Two of
the neighborhood's schools are
located in these parks. A fitness
center, provided through the
Parks and Recreation Depart-
merit, is located in Jackson Fallon Park is an excellent community gateway.
Middle School. Residents have
close access to the Tinker Creek
Greenway that borders the eastern part of the Fallon neiglgoorhotxt.
The Belmont area needs a small park. The park should be relatively small (1/2
to 1 acre) and be in a central, visible location and ideally be surrounded by
buildings. Since this is a developed neighborhood, it is difficult to identify potential
sites. Parks are a desirable amenity and could be coordina~l with new housing
development. A possible site would be at the center of a proposed housing cluster
between Bullitt and Jamison between Sixth Street and Eighth Street.
Community. Appearance
and Security
There are high levels of vagrancy in the ne/ghborhood and downtown areas.
Residents cite problems with frequent public intoxication and littering. Streets and
alleys are littered with bottles and other trash. The Roanoke Rescue Mission
operates a homeless shelter in the neighborhood and plans to expand its services.
Problems with vagrancy are concentrated in areas around this facility. Numerous
public meetings have been held to address issues and attempt to develop consensus
about future plans for the Rescue Mission~ Regardless oftbe development out-
comes, t~ City and neighborhood residents must keep the neighborhood clean and
safe to make future revitalization possible.
Area convenience stores provide easy access m alcoholic beverages. One area
convenience store, Stop-In, has discontinued sale of malt liquor in response to
community concerns. While access to alcoholic beverages will not be eliminated,
this store's initiative should be commended and others should follow this lead.
24
Health
Carillon Roanoke Community Hospital is adjacent to the neighborhood. The
numerous medical clinics in Old Southwest are accessible. The Presbyterian
Center on Jamisoll Avenue provides periodic health and immunization clinics for
residents of the neighborhood. Still, the Health Department and residents indicate
that the area is under served and that a basic health care clinic is needed to respond
to the needs of neighborhood residents. The health clinic should be located in a
village center.
Human Services
Religious and secular agencies provide human services in the neighborhood. The
Rescue Mission and the Salvation Army operate major centers in the neighbor-
hood. The Southeast Roanoke Christian Partnership, a coalition of six neighbor-
hood churches, the Presbyterian Center, the Rescue Mission and the Baptist
Community Center, provides various humanitarian services such as food pantries,
clothes closets, emergency financial assistance, and referrals to community
services. In addition, the Partnership has an arrangement with the College of
Health Sciences to provide a congregatioml nursing program.
The Rescue Mission is planning an expansion for a women's shelter. The
rezoning for the expamion was approved, but was controversial as residents near
the Rescue Mission opposed the expansion, citing negative affects the Rescue
Mission's clients have on the surrounding area. The expansion also raised the issue
of the city as a whole carrying too much of the social services burden for the
region. While the Rescue Mission and other such agencies provide crucial human
services, these facilities already have a comiderable presence in the area and
further expansion of homeless shelter functions should be avoided.
25
Environment
Much of the industrial area along Campbell Avenue is in the flood pla~ As a
result, storm drainage p~es potential risks in some areas. Future development
should incorporate design measures to reduce potential flood damage.
Street tree loss is heavy throughout the neighborhood. Many of the trees
planted when the neighborhood was first developed have reached the end of their
life expectancy. Improving the landscaping of the neighborhood and planting new
trees are goals of Fision 2001-2020. This plan recommend aggressive reforestation
along streets.
26
Historic a
Resource
Cultural
Belmont has retained many examples of fine historic residential, commercial, and
industrial architecture that contribute to the city's heritage and character. A historic
survey of BeLmont was conducted in 1999. Unfortunately, the area surveyed
narrowly missed qualifying for historic district designation due to demolition of too
many of the older homes. Eligibility for the National Register of Historic Places
can be influenced by the size of the district cousiderecL Larger or smaller areas
may be eligible. This plan recommends continuation of survey efforts to get as
much of the neighborhood as possible designated as historic.
Some individual buildings are identified as historic. The Old #7 firehouse is on
the National Register of Historic Places. Buena Hsta, a brick Greek-revival
dwelling in Jackson Park, is also on the National Register. The Norfolk Southern
shops are also a major historic resource as the shops contributed to the develop-
ment and growth of the neighborhood and the city, their development coinciding
with the name change from Big Lick to Roanoke in 1882. All railroad-related
structures were recommended in the Hill Studio study for potential listing on the
Virginia Landmarks and National Register of
Historic Places. Other significant historic
properties include the City Cemetery near
downtown, and the American Vkscose Corpora-
tion plant, which has been determined eligible
for listing on the Virginia Landmarks Register
and the National Register of Historic Places.
The City Cemetery an important historic
landmark. The cemetery has issues with
maintenance, security, and vandalism. Resi-
dents believe that the cemetery should be
protected and maintained as a community
asset.
Community Involvement
Belmont Fallon is served by the Southeast Action Forum. Formed in the late
1970s, it was one a founding member of the Roanoke Neighborhood Partnership.
The Southeast Action Forum has a long history of neighborhood revitalization
projects and has advocated for neighborhood improvement. The Belmont Preserva-
tion Association is a recently-formed group that works in the Belmont area to
advocate neighhorbax~cl imerests. In addition, various neighborhood watch groups
operate in the area.
27
Recommendations
Recommended Policies
and Actions
Recommendations are organized by the Plan Elements (community design,
residential development, etc.). Recommendations take the form of "policies" or
"actions." Policies are principles or ways of doing thin~s that guide future deci-
sions. Generally, policies are ongoing. Actions are projects or tasks that can be
completed and have a definite end.
Future Land Use
The Future Land Use plan on the following page is the most important recommen-
dation of this plan. It specifies how future development should take place. Zoning
is the principal tool that is used to implement the future land use plar~ Some of the
current zoning is not consistent with the future land use plan, so the plan recom-
mends changes in zoning so that future development will be consistent with the
future land use plan.
The Land Use and Infrastructure Changes map grapNcally illustrates many
of the plan's recommendations.
28
N~alk
!
!
!
o/'
Future Land Use
Single-family & scattered duplex
High-dens'Ky residential
Residential cluster
Office/residential mix
m Comer commercial
l Village center
Industrial
m Institutional/public
~. Recreation
!
Land use & infrastructure changes
Community Design
Policies
Develoument Model: Future development should follow the traditional
neighborhood model prescribed by Hsion 2001-2020.
V'fllnge eeuters: Neighborhood activity will be focused into four existing
village centers spaced roughly at 1/2 mile intervals. Village centers should be
dense, compact in size, and identifiable. Uses in village centers should
generally be neighborhood-oriented commercial, but should also contain some
businesses that serve a larger market. Live-work spaces and upper floor
residential will be encouraged in village centers.
Medium- to high-density residential development such as townhonses and
apartments should be located near the village centers.
Areas betweeu village centers are designated for primarily single-family
dwellings. Two-family dwellings and commercial uses will be interspersed
throughout these areas, but the dominant character will be single-family. In
areas with a single-family/two-family mix, duplexes should generally be
limited to comer lots, which often have larger lots and more on-street parking
available due to side street frontage.
Building scale: Buildings in village centers should have at least two stories to
encourage efficient use of limited commercial land, diverse uses, and compact
village design. Residential buildings should be at least two stories in most
cases except in limited areas such as Fallon, where oue-story buildings are
common. The number of stories should be guided by the surrounding tradi-
tional buildings.
Building location: To encourage a pedestrian environment and desirable
streetscape, buildings in village centers should be placed close to the street,
immediately adjacent to the sidewalk. Storefronts should be limited in width
(25'40'). Residential buildings should also be placed close to the front
property line to maximize rear yards. Established building lines of existing
development should be used to guide placement of infill dwellings.
Parking: Parking is recognized as a necessity, bm should not be allowed to
dominate any development. Parking should be located primarily on-street.
Zoning regulations should consider the availability of on-street parking when
determining appropriate levels of on-site parking, W~re additional parking is
warranted, it should be located to the rear or side of buildings. Moreover,
where on-site parking is provided, it should use alley access whenever
possible.
Gateways: Development of buildings along the Tazeweil Avenue and
Campbell Avenue sweet frontages between Williarnson Road and 1-581
should be encouraged to establish a more continuous link between Belmont
and downtown.
30
Community Design
Policies(continued)
Community Design
Actions
Ninth Street & Tazewell Avenue: This intersection is special because it is
the t~,~finus of Ninth Street. The future use of the land at this location should
be an attractive building or a small park oriented to the axis of the strcet.
Industrial District: Development of the industrial district along Campbell
Avenue should be encouraged to provide employment opportunities within the
neighborhood. This area should generally have small-scale light industrial
uses. Where industrial uses abut commercial and residential uses, careful
building design and site layout should be used to reduce conflicts between
adjoining uses.
Imolement Jori1 desinn regulations: Establish the Neighborhood Design
District zoning overlay to ensure that new construction is compatible with the
traditional design of existing development.
Encourage office-residential mix: Change zoning 'to allow mixed office and
residential uses in areas near downtown to encourage rehabilitation, adaptive
reuse, and preservation of large, historic houses.
Lower residential density: Lower zoning density fi.om mulfifamily to single-
and two-family in selected areas (away fi.om village centers), leaving higher
density zoning in and around village centers.
Change industrial zoning: Where zoni~4~ is industrial, but the primary use is
likely to remain residential, change zoning to a residential district.
Implement village center zoning: Change zoning in village centers where
needed to encourage a mix of uses and buildin~ scales that are appropriate in
a neighborhood setting. Developmem codes should promote development of
wall-designed commercial structures that encourage pedestrian activity.
Encourage corner commercial: Develop and implement zoning regulations
to encourage appropriate reuse of corner commercial buildings.
Limit surface parking: Develop mechanisms to limit surface parking lots
and encourage use of on-stre~ parking for periodic uses.
31
Residential
Development Policies
Housin~ An appropriate balance of diverse housing types will be
encouraged in the Belmont-Fallon area. Residential uses will include single-
and two-family dwellings, apartments, townhouses, above first floor retail,
and live-work spaces.
Residential demities: Generally, residential dertsities in and around village
centers will be medium to high. Between village centers, residential densities
will be lower.
Market-rate housin :~_The primary focus for new development will be on
market-rate housing, given current supplies of affordable housing in the
neighborhood.
Public investment: The city will make public investments in housing and
infrastructure with the expectation of leveraging or encouraging future
investment by the private sector.
Design: New structures must be well-designed and compatible with existing
buildh s.
Maintenance: Housing maintenance codes will be strictly and aggressively
enforced.
Demolition for oarking: Demolition of houses is a last resort and should
only be undertaken when rehabilitation options are sufficiently explored and
found to be infeasible. Zoning regulations will discourage the demolition of
houses for parking lots and will encourage on-street parking for periodic uses.
Underused residential sites: Zoning and incentives will be used to encour-
age mixed density cluster development on underused residential areas. The
currently vacant property between Bullitt and Jamison between 6th and 8th
should be considered for a higher density housing cluster with a central park.
Developmem should attempt to incorporate and retain existing houses along
the 700 block of Bullitt Avenue.
Residential
Development Actions
Develop a honsin~ master olan for housing and infrastructure improvemems
along the Bullitt-Jamison corridor and target CDBG funds to implement the
plan. (currea~dy underway)
Identify and assemble clusters of vacant lots for future residential develop-
ment.
Initiate zo~ to support housing revitalization and desired future
residential land use patte~as.
Create a Community Development Corporation, a nonprofit business to
rehabilitate houses and develop appropriate new infill housing in the South-
east community.
32
Residential
Development
(cont,nued)
Actions
Match rehab programs with need: Develop an inventory of existing
housing rehabilitation programs available through city and volunteer organi-
zations and match needs with appropriate programs.
Market the ne'~ Develop materials to market the neighborhood's
strengths, especially the pedestrian-oriented traditional neighborhood setting.
A major strength is that downlown, village centers, parks, libraries, and
schools are all within a short walk. The large, historic homes are also a
Nominate historic districts: Nominate eligible buildings and areas for
inclusion on the National Register of Historic Places. Historic designation
makes federal, state, and local rehabilitation incentives available.
33
Economic Development
Policies
Support development of enmnact village centers in Belmont-Fallon and
encourage appropriate development in them. Most businesses will be neigh-
borhood serving, but village centers will ideally eontein at least some larger-
market businesses. Future business development will take place within
commercial centers rather than as strip development along major streets.
Buiidin£ design: Zoning regulations and incentives will promote develop-
ment ofwell-designed commercial buildings that encourage pedestrian
activity. Commercial buildings will be placed near the sidewalk with parking
on the side or in the rear. Commercial structures will be at least two stories to
eneourage efficient use of land and diversity of use.
Economic development in village centers will be encouraged with local,
state, and federal incentives.
Industrial development and redevelopment will be promoted in the
industrial district along Campbell Avenue.
Coroer commercial: Zoning regulations will encourage appropriate reuse of
corner commercial buildings.
Economic Development
Actions
~ in village centers to encourage a mix of uses and building
scales that are appropriate in a neighborhood setting.
Implement Neighborhood Design District to apply to new commercial
structures.
Recruit a roce store to serve Southeast, downtown, and other downtown
neighborhoods. The location should be in the part of the neighborhood close
to downtown (9th Street or west of 9th Street).
Redevelop industrial area: Initiate programs to encourage assembly and
combination of small parcels in the industrial district to provide suitable
industrial properties. Assist businesses with expansion/relneatiordimprove-
ments through incentives.
Provide economic incentives such as enterprise zones and technology zones
only in recognized commercial/industrial districts.
Initiate historic survey and nomination of buildings and districts for
inclusion on the National Register of Historic Places to make local, state,
and federal rehabilitation incentives available.
34
Infrastructure Policies
Streetscapes, especially at gatewa)~ and along major transportation mutes,
4411 be attraCave. Functionally, streets 44ll accommodate autos, pedestrians,
and bicycles. Trees should be used to create a canopy- over streets, so large
species trees should be used whenever possible.
Villa e center streets: Special attention will be given to the quality of public
street spaces in village centers. Decorative sidewalks, lamp posts, street furni-
ture, trees and other pubhc improvements will distinguish village centers.
Design of new streets will be carefully considered to ensure that design prin-
eiples of Roanoke Vision 2001-2020 are incorporated. The 1-73 project, if it
proceeds, should incorporate a context sensitive design process into planmng.
Infrastructure Actions
Develo sites cific lans for streets at gateways and village centers.
Improve the streetscape of major corridors in the neighborhood such as
Bullitt/Jamisen, Tazewell, 9th Street, and 13th Street. Traffic-tainting
strategies should be incorporated into improvements. The priority should be
on installing trees and providing an improved pedestrian environment.
Comprehensive streetscape and traffic cahning improvements should be
implemcmted aloag the Bullitt-janUson comdor. Ninth Street should be
reconflgnred into an urban boulevard, with a landscaped cemer median and
on-street parking. Turn lanes at major intersections may need to be retained to
provide adequate capacity.
Identify the 13th Street-Hollins Road proiect as a priority, to improve
connections and access to the neighborhood and the industrial area.
Initiate a£2ressive street tree plantln~,, especially along major arterials and
in village centers.
Develop safe bike/pedestrian connections through the neighborhood to link
schools, libraries, village centers, downtown, and greenways.
Install special infrastructure in village centem such as decorative lights, street
furniture, textured sidewalks, and covered transit stops.
Relocate or consolidate above-ground utilities in village centers and along
arterial streets.
Retain and repair existing sidewalk~ throughout the neighborhood. Brick
sidex~alks should be retained where possible.
Continue regular bus transportation available within a five-minute walk of
residential areas. Evaluate routing to ensure effective connections to other
parts of Roanoke. Provide covered stops in village centers.
35
Qu.a. li.ty of Life
Policies
· Health and human services: Residents should have convenient access to
health and human service services. Private & nonprofit human service initia-
fives should be supported
Additional shelter services should be discouraged in light of the neighhorhood's
and the city's overall responsibility for providing these services for the region~
Existing service providers should adopt policies and programs to discourage
vagrancy and public intoxication. Programs to clean alleys and sweets in the
area should be continued and expanded.
· Recreational areas should be available throughout the neighborhood.
Tree canopy throughout the neighborhood should be increased.
· The City Cemetery should be protected and maintained as an important his-
toric resource and neighborhood asset.
Quality of Life
Actions
Cause the development of a health clinic in the Ninth Street village center or
the Jamison and 13th Street village center.
Develop a small park in the Belmont area.
Continue neighborhood review of zoning and development changes.
Initiate private and public tree plantinl~ programs in the neighborhood, espe-
cially along major streets
En~a~,e area convenience stores in addressing alcoholic beverage issues.
Neighborhood groups should get involved in ABC licensing hearings for conve-
nience stores.
36
Public Services
Policies
· Appearance and seeuriW: The priority component of revitalization is making
the neighborhood clean and safe.
· Housing maintenance and nuisance abatement codes will be strictly and ag-
gressively enforced. Use public nuisance abatement ordinances to compel com-
pliance.
· Functional and open alleys will be maintained. Zoning regulations will en-
courage the use of alleys for access to parking in the rear.
Litter and graffiti: Adopt a zero-tolerance policy on litter and graffiti. Ensure
that city and state properties are well maintained and free of graffiti, weeds, and
trash.
Public Services
Actions
Eliminate vagrant "camm": The city, VDOT (state), Norfolk Southern, and
other property owners should close off access to hiding places for vagrants.
Restrict access to underpasses, garages, overgrown lots, and vacant structures.
Regularly impect aHeys~ streets~ and properties and coordinate quick cleanup
of problem areas.
Establish a police satellite station in the neighborhood (currently being imple-
mented).
37
Implementation
Funding
Funding for major infraslructure projects is generally provided through the city's
Capital Improvement Program. Funding can come from a variety of sources,
including CDBG, transportation funding, state and fedexal funds, and general
revenue. The Capital Improvement Program is developed by identifying needed
projects and matching them with potential funding sources. Each project is
reviewed and ranked in terms of priority.
The chart on the following page identifies major projects, their time frame, the
lead agency or department, and potential sources of funding. The cost of most
projects such as streatscape improvements cannot be determined until more
detailed planning is completed.
How large
FurOjects are
nded:
The Capital
Improvement
Program
Needed Projects
Parks
Buildings
Economic Development
Streets, sidewalks and bridges
Storm drains
Schools
Funding Sources
Bonds
General revenues
State and Federal
CDBG
Project grants
Others
their fundi.n.g.. ~ Capital
sources identmfied ~' ImproYement
........ ~' Program
38
Action 1 2 3 4 5 O.go~ Lead Agency Potential funding sources
Zonhg changes * * PBD PBD operat~g budget
Bulga-Jamison Master Plan * CDBG CDBG
Streetscape and gateway , ,
planning PBD, VT CDBG, TEA-21, PBD operating
Streetscape and gateway , , , CDBG, TEA-21, Bond, PW
~nprovements PW
operating budget
Indastrial redevelopment * ED CDBG, Bond, ED operating budget
Econon~c ~centives * * ED ED operathg budget
Historic stn'veys * * * PBD PBD opeml~g budget, state grant
131h S~a~eet project * VDOT VDOT
Development of smell park * * P&R P&R operalhg budget, bond
Police satelite station * PD PD operathg budget
Code enforcement * * HNS HNS operating budget
Abbreviations:
PW = Roanoke Public Works
PBD = Roanoke Planning Building and Development
CDBG = Community Development Block Grants (Federal funding to the city)
P&R= Roanoke Parks and Recreation
TEA-21 = Transportation Enhancement Act (Federal transportation funding)
HNS = Department of Housing and Neighborhood Services
VDOT = Virginia Department of Transportation
ED = Department of Economic Development
PD = Police Department
VT = Virginia Tech Dept. of Landscape Architecture
39
Acknowledgments
City Council
Mayor Ralph K. Smith
Vice Mayor C. Nelson Harris
W'flliam H. Carder
William D. Bestpitch
M. Rupert Cutler
Alfred T. Dowe, Jr.
Linda K Wyatt
Plannine Commission
Chairman Robert B. Manetta
Vice Chairman Richard A.Rife
Gilbert E. Butler, Jr.
S. Wayne Campbell
D. Kent Chrisman
Melvin L. Hill
Frederick M. Williams
Plannino_ Buildint~ & DeveloPment
Brian Townsend, Director
Project Manager:
Chris Chittum, AICP, Senior City Planner
Thanks to all the residents and property owners who participated in the community workshops.
4O
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011 - 1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk~ci.roanoke.va.us
January 28, 2003
File #165-200
STEPHAN1E M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Robert B. Marietta, Chair
City Planning Commission
2831 Stephenson Avenue, S. W.
Roanoke, Virginia 24014
Dear Mr. Manetta:
I am enclosing copy of Ordinance No. 36218-012103 approving the Old Southwest
Neighborhood Plan, and amending Vision 2001 - 2020, the C'tys Comprehens ve Plan, to
include the Old Southwest Neighborhood Plan; and dispensing with the second reading of
this ordinance by title.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Tuesday, January 21, 2003, and is in full force and
effect upon its passage.
MFP:mh
Sincerely,
Mary F. Parker, CMC
City Clerk
Enclosure
pc:
Ms. Joel Richert, Old Southwest~ Inc., 415 Allison Avenue, S. W., Roanoke, Virginia
24016
Darlene L. Burcham, City Manager
Rolanda A. Russell, Assistant City'Manager for Community Development
Martha P. Franklin, Secretary, City Planning Commission
:~. H:~Agenda.03~January 21, 2003 correspondence.wp:l
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21st day of January, 2003.
No. 36218-012103.
AN ORDINANCE approving the Old Southwest Neighborhood Plan, and amending
Vision 2001 - 2020, the City's Comprehensive Plan, to include the Old Southwest
Neighborhood Plan; and dispensing with the second reading of this ordinance by title.
WHEREAS, the Old Southwest Neighborhood Plan (the "Plan") was presented to the
Planning Commission;
WHEREAS, the Planning Commission held a public hearing on December 19, 2002,
and recommended adoption of the Plan and amending Vision 2001 - 202Q, the City's
Comprehensive Plan (the "Comprehensive Plan"), to include such Plan; and
WHEREAS, in accordance with the provisions of {}15.2-2204, Code of Virginia
(1950), as amended, a public hearing was held before this Council on Tuesday, January 21,
2003, on the proposed Plan, at which hearing all citizens so desiring were given an
opportunity to be heard and to present their views on such amendment.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. That this Council hereby approves the Old Southwest Neighborhood Plan and
amends Vision 2001 - 2020_, the City's Comprehensive Plan, to include the Old Southwest
Neighborhood Plan as an element thereof.
2. That the City Clerk is directed to forthwith transmit attested copies of this
ordinance to the City Planning Commission.
3. Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
CITY OF ROANOKE
PLANNING BUILDING AND DEVELOPMENT
215 Church Avenue, S.W., Room 166
Roanoke, Virginia 24011
Telephone: (540) 853-1730 Fax: (540) 853-1230
E-mail: planning@ci.roanoke, va.us
Janua~ 21,2003
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Vice Mayor
Honorable William H. Carder, Council Member
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable William D. Bestpitch, Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject:
Amendment to Vision 2001-2002, the City's comprehensive plan, to
include the Old Southwest neighborhood plan.
Planning Commission Action:
Public hearing was held on Thursday, December 19, 2002, and by a vote of 4-0
(Messrs. Williams, H!!! and Camp~ti absen',), the Planmng Commission recommended
adoption of the neighborhoo0 plan.
Background:
The Old Southwest neighborhood is bounded by Marshall Avenue to the north,
the Roanoke River and the railroad tracks to the south and west, and Jefferson Street
to the east. Much of the neighborhood is in the High!and Park conservation district, and
the H-2, Historic District. Since Council adopted the H-2 d~strict in 1987, the
neighborhood has experienced considerable revitalization. However, problem areas
remain and revitalization eft'ods need to be continued.
Three public workshops were held wP.h the neighborhood in the fall of 2000, and
follow-up meetings were also held in the spring and fall of 2002. Various City staff
attended these meetings and staff ..o. keri ~lo~,.,/..,th Old Southwcst, Inc., throughout
the process.
Bruce Muncy, President of Old Southwest Inc., and Joel Richert of 415 Allison
Avenue, S.W., addressed the Commission and requested that the plan be continued for
another month so that certain changes could be made. Discussion then followed
between them and the Commission regarding the nature of the corrections. Mr.
Manetta asked Mr. Talevi how much could be changed in the plan before it is forwarded
to City Council. Mr. Talevi advised that if the changes were of a grammatical nature,
the Commission could vote on the plan and staff could still make the necessary
changes before the Council public hearing.
Mrs. Richert then read through a list of suggested changes to which Mr. Talevi
advised were not of a substantive enough nature to warrant continuing the matter.
Among the changes suggested by Old Southwest Inc. were:
· Changing "village centers" to "village center."
· Updating the current land-use map.
· On the future land-use map: refer to the village center of 5th Street and Elm
Avenue with a symbol, such as a dot, rather than demarcating 3arcels.
Insert language on the map to state that it is a guide.
Considerations:
In the planning process, residents and staff identified the following major issues
facing the neighborhood:
· Conversion of single-family homes to multi-family units.
· Preservation of the residential character of the neighborhood.
· Recurring property maintenance code violations.
· Crime.
To address these issues, the plan features four priority recommendations:
1)
Zoning: Initiate zoning changes to encourage village center development
and to achieve a greater balance between the proportion of single-family
and multi-family units.
2)
Code Compliance: Continue constant enforcement of the Rental
Inspection Program and all City codes to reduce recurring property
maintenance violations, including processing the cases of habitual
offenders in General District Court. Code compliance needs to be
stressed in all areas of the neighborhood, but special attention needs to
be focused in the area of Elm, Day and Marshall Avenues.
3)
Infill Development: Increase opportunities for new construction on vacant
lots.
4) Public Safety: make a documented improvement in the Old Southwest
2
neighborhood both in perception and in fact. Encourage coordinated
crime watches throughout the neighborhood in problem areas.
The four priority recommendations address the most prominent issues in the
neighborhood, but are not comprehensive. The plan contains a number of other action
items. Vision 2001-2020, the City's Comprehensive Plan, provided the framework for
the plan. The policies and actions of the plan are consistent with those in Vision 2001-
2020.
Recommendation:
Planning Commission recommended the Old Southwest Neighborhood Plan,
with minor and grammatical changes as noted at the public hearing, for adoption as an
element of Vision 2001-2020, the City's comprehensive plan.
CC:
Respectfully submitted,
Robert B. Manetta, Chairman
Roanoke City Planning Commission
Darlene L. Burnham, City Manager
Rolanda Russell, Assistant City Manager for Community Development
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
3
IN THE PLANNING COMMISSION OF THE CITY OF ROANOKE, VIRGINIA
This 19th day of December, 2002
A RESOLUTION recommending the adoption of the Old Southwest
Neighborhood Plan as an element of the City's Comprehensive Plan.
WHEREAS, a series of community workshops were held in the Old Southwest
neighborhood to gain input into the plan;
WHEREAS, the draft plan has been reviewed by the neighborhood, city staff, and
the Long Range Planning Committee of the City of Roanoke Planning Commission; and
WHEREAS, the Old Southwest Neighborhood Plan has been advertised in
accordance with Section 15.2-2204 of the Code of Virginia (1950), as amended, and
pursuant to that notice, a public hearing was held on December 19, 2002, at which all
persons having an interest in the matter were given a chance to be heard.
BE IT RESOLVED by the Planning Commission of the City of Roanoke that it
recommends to City Council that the Old Southwest Neighborhood Plan, dated
December 19, 2002, be adopted as an element of the City's Comprehensive Plan, and
that by signature of its Chairman below, the Planning Commission hereby certifies the
attached copy of the neighborhood plan to City Council.
ATTEST:
Old Southwest
Neighborhood Plan
City of Roanoke Department of
Planning Building and Development
vision
Contents:
Introduction
Community Design
Residential Development
Economic Development
Quality of Life
Public Services
Infr~.~tn J~.r~.
2
4
10
14
15
17
1R
December 19, 2002
Old Southwest Neighborhood Plan
Introduction
Old Southwest is an histodc neighborhood listed on the Virginia Landmarks Register and
the National Register of Historic Places. Old Southwest has a wealth of architectural
styles ranging from Vernacular and Neoclassical to Tudor Revival. The development of
Old Southwest dates to the late 19th Century when the land was annexed by the City from
Roanoke County in 1890. A great number of homes were built thereafter around the turn
of the century. Most of the structures in the neighborhood today were built by the end of
the 1920s.
Old Southwest is an attractive community that presents opportunities to live and work in
the same neighborhood. The neighborhood's proximity to downtown provides Old
Southwest residents with convenience to public services, commercial establishments, and
the region's premiere cultural amenities. It also has the City's oldest park and a nationally
recognized elementary school. The neighborhood is bound on the north by Marshall and
Day Avenues, by the Roanoke River to the south and west, and Jefferson Street to the
east.
The purpose of this neighborhood plan is to build upon Old Southwest's character and
resources through the priority recommendations established by residents and City staff.
Residents of the neighborhood and the City will use it to guide actions for neighborhood
improvement. The plan is a component of Vision 2001-2020, the City's comprehensive
plan.
Executive Summary
Population
In 1990, the total population of Old Southwest was 3,771 (Of Census Tract 12, which
covers an area approximate, but not precisely, to the boundaries of Old Southwest). The
population decreased by four percent (3,628) between 1990 and 2000, resembling the
City's gradual decline over the same period. An additional factor in the reduced population
of Old Southwest has been the re-conversion of homes from multi-family structures back to
their original single-family use. Nationwide, the 2000 Census also reports a decrease in
household size. These factors - more single-family units and households with fewer
residents - have contributed to a slight population decline in Old Southwest, yet during the
last decade the neighborhood has attracted a more stable population base.
As shown in Table 1 below, racial diversity in the neighborhood has increased over the last
decade, with a six percent increase in the number of African Americans and a five percent
increase in the population of other non-white ethnic and racial groups.
Age
The neighborhood has experienced a decline in all age groups since 1990 with the
exception of people aged 35-64, which increased by eight percent. Despite decreases in
2
Old Soultn~e~ Ne~ghbca'hood Plan
all the other age groups, the percentage of young adults (20-34 years old) living in Old
Southwest (33%) is significantly higher than that for the City as a whole (21.3%). This
suggests that Old Southwest has become an attractive place for young adults.
Old Southwest may continue to experience an increase in young adults due to its proximity
to the Riverside Centre of Research and Technology (RCRT), located immediately south
of the neighborhood in the South Jefferson Redevelopment Area. It is estimated that the
RCRT will create positions for over 2,000 prospective employees.
Table 2: Education for Population 25 Years and Over, 2000 U.S. Census Bureau.
The Planning Process
The City sponsored three neighborhood workshops during the fall of 2000 to gather citizen
input. Over 100 neighborhood residents attended the first workshop. The workshops
examined current conditions, trends, issues and needs in the neighborhood. The second
workshop focused on developing goals and action strategies, and in the third workshop
priorities were determined. Follow-up meetings were also held with neighborhood leaders
from Old Southwest Inc. to discuss the draft plan.
3
Old Southwest Neighborhood Plan
Priority
Recommendations
The following priorities were identified during the planning process:
Zoning: Initiate zoning changes to encourage village center development and to achieve a
greater balance between the proportion of single-family and multi-family units.
Code Compliance: Continue constant enforcement of the Rental Inspection Program and
all City codes to reduce recurring property maintenance violations, including processing
the cases of habitual offenders in General District Court. Code compliance needs to be
stressed in all areas of the neighborhood, but special attention needs to be focused on the
area of Elm, Day and Marshall Avenues.
Infill Developmenl: Increase opportunities for new construction on vacant lots.
Public SafetF make a documented improvement in the Old Southwest neighborhood both
in perception and in fact. Encourage coordinated crime watches throughout the
neighborhood in problem areas.
Community Design
Land Use Patterns
Old Southwest has a mixed land use pattern consisting primarily of residential and
commercial uses. The majority of the residential uses are two-family (duplex) and multi-
family units, with a significantly smaller number of single-family units. Professional offices
dominate the eastern side of the neighborhood, defined nominally by Franklin Road.
A potential village center in Vision 2001-2020 is identified on Fifth Street at Elm Avenue
extending south to Mountain Avenue and north to Luck Avenue as shown on the Future
Land Use map. Village centers are centers in neighborhoods containing a mixture of
higher-density residential uses and neighborhood commercial uses. They serve as the
focus of neighborhood activity and vary in size and scale depending on the nature of uses
and size of the surrounding area. Village Centers should be dense, compact in size, and
identifiable. Centers generally have fixed limits so that commercial activity does not
encroach in the surrounding residential areas. Some ideal village center commercial uses
are restaurants, coffee shops, convenience stores, specialty shops and small retail
establishments. To encourage a pedestrian environment and desirable streetscape,
buildings in Village Centers should be placed close to the street, immediately adjacent to
the sidewalk.
The Fifth Street at Elm Avenue area needs to be rezoned to encourage the continued
development of existing neighborhood commercial land use. Live/work space is also an
appropriate use for village centers. Live/work space is a mixed-use tactic that employs
office or retail use on the bottom floor and residential use in the upper floor of a structure.
In recent years the City has encouraged and seen an increase in such uses, particularly in
the expansion of downtown housing options.
4
Old Southwest Neighborhood Plan
Pocket and Comer Commercial Structures
There are several 'pocket' or 'corner' commercial establishments on the western side of
Old Southwest. Examples of such uses are convenience stores, a restaurant and a
barbershop. Most of these establishments are surrounded by residential development and
are away from any other commercial uses. Several of these former commercial structures
are vacant. Neighborhood residents expressed support for the adaptive reuse of these
buildings for specific neighborhood commercial uses or single or two-family homes.
Zoning
The zoning in Old Southwest allows for a variety of residential and commercial uses. The
majority of the neighborhood is zoned RM-2, Residential Multi-Family, Medium Density
District, or C-1, Office District, which also allows residential development. The RM-2
district allows uses ranging from single-family homes and duplexes to town homes and
apartment buildings. While this zoning district provides potential developers with a variety
of options for residential development, the comprehensive application of RM-2 in Old
Southwest and other neighborhoods in the City has resulted in a disproportionate number
of residential structures containing multiple dwelling units. For example, over 70 percent of
the residential units in Old Southwest are in multi-family structures. Moreover, the RM-2
zoning has allowed the conversion of single-family homes into duplexes and multi-family
structures.
Much of the eastern part of Old Southwest is zoned C-1, which permits professional offices
and other related commercial uses. There are two other commercial districts, C-2,
General Commercial and C-3, Central Business District. As shown on the zoning map, the
C-2 district is located along Jefferson Street and allows professional office development
and retail uses. The C-3 district is located along the northern side of Elm Avenue,
between Franklin Road and Jefferson Street. Portions of Marshall Avenue are also zoned
C-3, Central Business District.
Recently, the former Cotton Mill building on Sixth Street and Luck Avenue was rezoned
from LM to C-3 for use as an art studio. This rezoning was in accord with the City's
downtown plan, Outlook Roanoke Update, which recommends a westward expansion of
the central business district. Such revitalization efforts and the presence of the Jefferson
Center should have a positive impact on the northern section of Old Southwest, and link
the neighborhood to downtown.
During the City's update of the Zoning Ordinance, all of Old Southwest's land-use and
zoning will be reevaluated. In addition to proposed changes in residential density, some
uses currently permitted or existing in the neighborhood will be considered for potential
changes.
Future Land Use
The future land use map of the neighborhood reflects a balance between the desired
development pattern that residents would like to see and the existing conditions and land
use in the area. This map will be used as a guide for the zoning of the neighborhood
whenever zoning ordinance and/or zoning map amendments are proposed.
5
Old Southwest Neighborhood Plan
The overall land use plan reflects the neighborhood's core residential function, its physical
relationship to downtown to the north, to existing and proposed commercial / institutional
uses to the east, and to natural and physical barriers to the south and west.
The core residential area, primarily located to the west of Franklin Road, is slated to
remain residential with housing density lowered in some portions. Large public open
spaces should be retained and enhanced, and appropriate natural buffers to the Roanoke
River should be established and maintained. The land use plan also recognizes a small
existing node at the intersection of Elm Avenue and Ferdinand Avenue for small scale Iow
intensity commercial activity.
To the east, including the Franklin Road corridor, is an area proposed to remain a
combination of residential and office uses, primarily reflecting the existing land use pattern.
This district extends east from the village center on 5th Street at Elm Avenue to the
southernmost sections of the neighborhood between Franklin Road and I st Street. The
area along the Jefferson Street corridor, south of Mountain will remain a commercial
corridor, though the range of future commercial uses should be focused on those
complimentary to the neighborhood and to redevelopment efforts further south along
Jefferson Street. Jefferson Street functions as Roanoke's main street and it should extend
the development pattern of downtown while at the same time providing a transition to
outlying neighborhoods. Therefore, some uses currently allowed under C-2 zoning, should
be excluded in future zoning of this corridor. Overall, automobile related uses (gas
stations, car wash, repair, parts and accessory, for example) should not be allowed in
commercial developments in the neighborhood. In addition, commercial uses allowed
should limit impacts on adjacent residential uses as it pertains to their parking and traffic
generation intensity, hours of operation, and related operational conditions.
The northeastern portion of the neighborhood should provide a transition between the
neighborhood and the commercial uses to the north in the core of downtown. This area
should have a mix of downtown housing and commercial uses at densities higher than in
the core of the neighborhood. These types of uses include a mix of residential structures,
with those south of Elm Avenue not exceeding three stories, restaurants, offices,
convenience/specialty retail establishments, and financial institutions, odented to the street
with appropriate site/landscaping improvements with off-street parking to the rear or in an
enclosed structure.
6
Old Southwest Neighborhood Plan
Zoning in
Old Southwest
Old Southwest Zoning
/ c1
~ c2
~ c3
~ RM1
/ RM2
~ RS2
~ n/a
N
7
Old Sou~ N~'hood ~
Land Use in
Old Southwest
Land Use by Tax Code:
~ Single Family
~ Duplex
1 Multi-family
1 Group Facility
1 Comntercial
~ Religious/Educational/Non_profit
I Parks
~ Vacant Land
AJI la~d use classifications are grouped based on
Department of Real Estate Valuation tax codes
and may n~t specifically denote the use of some
properties.
N
S
8
Old Southwest Neighborhood Plan
Future Land Use
Residential
~1~ Village Center
~ Downtown Housing/Commercial
i~ Office/Residential
~ Park/Green Space
Greenway Buffer
'Fnis map will be used as a guide
fi, it[ge zoning decisions in the neighborhood
N
9
Old Southwest Neighborhood Plan
Policies
· Land Use Mix: Old Southwest is and shall continue to be an urban neighborhood
with a mix of residential and commercial uses within a specific pattern.
Village Center: Zoning patterns will encourage village canter development in the
existing neighborhood commercial canter on Fifth Street at Elm Avenue as noted on
the Future Land Use map. Mixed use development characterized by retail spaca in
the bottom floor and residential space on the upper floors of structures, would be
allowed in village canters.
Actions
· Rezone Old Southwest in accordanca with the proposed future land use map.
· Amend the zoning ordinanca to strengthen development standards regarding open
spaca and tree canopy.
· Facilitate urban design standards through the zoning ordinance and the H-2 Overlay
Historic District.
· Reevaluate all of the current land-uses and zoning districts in the neighborhood as
part of the City's zoning ordinance update.
Residential Development
Housing Supply
According to the 2000 Census, Roanoke has 45,257 housing units, 64.7% of which are
single-family. The City's homeownership rate is 56.3%. In contrast, Old Southwest has
2,177 housing units, 1,918 of which are occupied. Only 22% of the occupied units are
owner-occupied, with multi-family units making up over 84% of the total.
The need for a more appropriate balanca between single-family and multi-family units was
a recurring theme expressed by Old Southwest residents during the planning process.
City residents also raised this sentiment during the development of Vision 2001-2020. As
a result, a housing policy in Vision 2001-2020 states, "The City will have a balancad,
sustainable range of housing choices in all prica ranges and design options that encourage
social and economic diversity throughout the City."
Zoning
Zoning regulates land use and therefore has a significant impact on the spatial distribution
and proportion of land uses within neighborhoods. The existing residential zoning in Old
Southwest has fostered an increased amount of multi-family conversions. As shown on
the Zoning Map, a significant portion of the neighborhood is zoned RM-2. This zoning
district allows for a vadety of residential uses, ranging from single-family homes and
duplexes to town homes and apartment units. The areas in the neighborhood that have a
large number of multi-family units have contributed to a shortage of parking spaces.
10
Old Southwest Neighborhood Plan
Residents also voiced concerns that the historic character of the neighborhood has been
affected by the significant amount of multi-family conversions.
Housing Maintenance and Preservation
The housing programs developed for Old Southwest have contributed significantly to an
increased sense of pride among property owners in maintaining their historic homes. In
1980, for instance, the Annual Parlor Tour was created to showcase the historic homes in
Old Southwest. Old Southwest Inc. oversees the tour and uses the proceeds to help
finance its various neighborhood improvement efforts. The tour laid the foundation for the
establishment of the Southwest Historic District. The tour has become increasingly
popular, attracting visitors from not only other neighborhoods and the region, but also from
neighboring states!
Southwest Historic District
In 1987, the Southwest Historic District was adopted by City Council. The boundaries for
the district include most of Old Southwest and parts of the Mountain View and Hurt Park
neighborhoods. The homes in the Southwest Historic District (local designation: H-2,
Historic District) contain a variety of architectural styles. Some of the styles include Queen
Anne, Colonial Revival, Neoclassical, Bungalow, American Foursquare, Arts and Crafts
and Shingle.
Architectural design guidelines endorsed by City Council and adopted by Architectural
Review Board were established for the H-2 District to assist property owners in maintaining
the historic character of their homes. Expansion of the H-2 District should be considered
to the east and north of the current line to 5th Street (see the map on page 10) to include
the blocks around the Jefferson Center and former Cotton Mill.
Housing Conditions
While the Annual Parlor Tour and the Historic District have contributed to the improvement
of housing conditions in the neighborhood as a whole, areas remain that exhibit a
significant amount of blight and deferred maintenance. A study~ sponsored by the
Roanoke Regional Housing Network surveyed the exterior conditions of housing units in
inner City neighborhoods, including Old Southwest. The survey confirmed anecdotal
evidence that there is a concentration of fair to poor housing conditions in the northern
section of Old Southwest.
In addition, City records show a concentration of property maintenance violations in the
same area. Residents and the City have identified the recurrence of nuisance violations
such as outdoor storage, inoperative and abandoned vehicles and weeded properties,
among others, to be greatest in this area of the neighborhood. While this issue is
neighborhood-wide, there seems to be a concentration of these violations in blocks with
several vacant lots and/or houses. The neighborhood continues to work closely with City
officials to target problem areas.
~ The 21'" Century Challenge: To Eliminate Substandard Housing in Roanoke City. Roanoke Regional Housing Nehvork. Roanoke,
Virginia. June 2001-2020.
11
Old Soufl~west Neighborhood Plan
Old Southwest &
The H-2 Historic District
H-2 District Boundaries
Old Southwest
N
S
12
Old Southwest Neighborhood Plan
At present, inspectors from the Department of Housing and Neighborhood Services have
teamed up with Police officers from the COPE unit to combat crime and code violations in
a target area from Campbell to Elm Avenue and 5th to 10th Street.
Vacant Lots/Structures
Old Southwest has some vacant parcels and buildings, with the greatest concentrations in
the northern and eastern sections of the neighborhood. Redevelopment of such sites will
require public and private activity. Continued policing and code enforcement should help
facilitate redevelopment as the area becomes safer and more attractive to the private
sector.
Policies
· Population: Old Southwest has socioeconomic and racial diversity. The
neighborhood must continue to market itself as one of Roanoke's premiere urban
neighborhoods. Programs that showcase the neighborhood and attract potential
homebuyers to Old Southwest (e.g., Annual Parlor Tour) should be continued.
Historic Preservation: Old Southwest's character stems from its historically
significant architecture. The historic character of Old Southwest must be preserved,
protected and enhanced.
· Property Code Compliance: Property owners are expected to maintain their
properties and abide by all City codes.
· Vacant Lots: Parcels that are now vacant can enhance the neighborhood through
single-family or commercial infill development, where appropriate.
· Vacant Structures: Vacant structures should be preserved and rehabilitated.
Actions
· Use the future land use map to guide zoning decisions.
In the update of the zoning ordinance: reduce residential densities where
appropriate and consider appropriate regulation of the conversion of single-family
to multi-family structures.
As a supplement to the pattern of successful private renovation, consider
establishing a development organization or creating a partnership with a reputable
nonprofit or private sector development company to develop an infill strategy to
reduce the amount of vacant lots and structures.
Continue the current interdepartmental approach to property maintenance violations
and crime in the target area of Elm, Day and Marshall Avenues. Refocus such
efforts to other areas of the neighborhood as needed.
· Continue the Rental Inspection Program.
13
Old Southwest Neighborhood Plan
Annually document conditions in the neighborhood and consider it in the selection
of target areas for the City's allocation of Community Development Block Grant
(CDBG) funds.
Consider revising the Architectural Design Guidelines for the H-2 District to require
higher standards for new construction.
Consider expansion of the H-2 District in the area noted to the north of the
neighborhood.
Amend the zoning ordinance to include 3rcvisions for dedicated open space and
tree canopy.
Economic Development
As previously noted, Old Southwest's commercial development consists of a concentration
of office uses on and to the east of Franklin Road, and miscellaneous pocket or corner
establishments in the western portion of the neighborhood. Village center development
also characterizes commercial activity on the edges of the neighborhood.
Jefferson Street is a commercial corddor that extends into downtown. The Jefferson
Street and Walnut Avenue area has several commercial amenities. Elm and Ferdinand
Avenue intersect at a busy thoroughfare by the Wasena Bridge. Currently, there are two
commercial establishments at this intersection. The expansion of the central business
district around the Jefferson Center will promote revitalization at the northern edge of the
neighborhood around Sixth Street and Marshall Avenue.
Residents expressed concerns about the C-1, Office District area encroaching into the
predominantly residential section of the neighborhood. However, the C-1 zoning district
allows office uses, but also permits single and two-family dwellings. The composition and
extent of the C-1 zoning district will be re-examined dudng the zoning ordinance update.
Policies
· Promote village center development in the area specified on the future land-use
map.
· Maintain an appropriate balance between commercial and residential uses in the
part of the neighborhood East of Franklin Road.
· Redevelop vacant pocket or corner commercial buildings.
Actions
· Amend the zoning ordinance to encourage village center development in the area
specified on the future land-use map.
· Identify vacant commercial structures that can be rehabilitated for commercial use.
14
Old Southwest Neighborhood Plan
Quality of Life
Highland Park:
The Heart of Old Southwest
Highland Park was the City's first public park. Developed in 1901 on a 33-acre tract of
land, it served as a center for recreational activities and festivals for the entire City, and
continues to host events today. In 2001, a festival was held to celebrate the park's
centennial anniversary.
The park is conveniently located across 5th Street from the Highland Park Leaming Center
(formerly Highland Park Elementary School). Highlights of the park identified in the City's
Parks and Recreation MasterPlan (1999) include its rolling terrain and lush vegetation,
ornamental fencing, adjacent school and its location in an historic neighborhood. The park
has two baseball fields, three tennis courts, a basketball court, two tot-lots, restrooms,
brick paths, and scenic views.
Park Conditions
Anecdotal evidence suggests Highland Park has witnessed increased use over the past
couple of years. Increased use, however, generally results in increased maintenance
needs. Some of the needed improvements identified include restreoms, period lighting,
updated playground equipment, picnic tables, repair and general maintenance of brick
paths, and surface improvements to the street through the park. Public safety concerns
have also bean raised regarding the park. Expansion of neighborhood watches to include
the park is currently being discussed by residents as part of a neighborhood-wide,
community-policing strategy. In addition, several residents expressed the need for a dog
park.
Old Southwest, Inc., has maintained a park fund that it has used in conjunction with City
investment in the Park. At the time of writing plans were underway to install period lighting
in the park. The park fund has also been used for various other park improvements, such
as tree planting and landscaping.
Greenways
Greenways are corridors of protected open space used for recreation, conservation and
transportation. Greenways link neighborhoods and connect the City to the greater region.
Old Southwest residents have expressed support for greenway connections to Smith Park,
Wasena Park and the Riverside Centre for Research and Technology. The development
of greenways is supported in Vision 2001-2020.
Viewsheds & Tree Canopy
Old Southwest has excellent views of the Mill Mountain Star, downtown and surrounding
neighborhoods. These views should be protected and improved. Vision 2001-2020 states
that ridgetops should be protected from development and that the City's tree canopy at the
least should be maintained at its current level.
15
Old Southwest Neighborhood Plan
Increasing the City's tree canopy will have a beneficial impact on air quality, storm water
control, noise levels, temperature and visual appearance. The tree-lined streets in Old
Southwest make it a very inviting and attractive neighborhood. Strategies to maintain and
expand the tree canopy in the neighborhood should be pursued. Any developments that
require tree clearance should be required to plant new species in approximate locations.
Policies
· Highland Park: Highland Park is a safe and accessible park for all City residents.
Maintenance of the park is vital to the overall health of the neighborhood.
· Greenways: Old Southwest shall connect to the City's greenway system.
Tree Canopy: Large, mature trees shall be preserved. New trees shall be planted
along streets lacking a mature tree canopy. A long-term approach to tree
preservation and maintenance is needed.
Viewsheds: Old Southwest enjoys clear views of Mill Mountain, Downtown and
West of Roanoke. New development - both within and outside the neighborhood -
must not be allowed to diminish the neighborhood's viewshed.
Actions
· Design greenway connections to Smith Park, Wasena Park and the proposed
Riverside Centre for Research and Technology Park.
· Use this plan as a guide to possibly develop a Department of Parks & Recreation
Master Plan for Highland Park. Consider incorporating the following into the plan:
Add pedod lighting to the entrance of Highland Park at Fifth Street and
Washington Avenue. Assist the neighborhood organization(s) with funding
opportunities such as mini-grants to pay for the lighting.
Replace or improve the existing bathroom structure to a more architecturally
compatible, and functional structure.
Increase the number of picnic tables and upgrade the bdck sidewalks and
the street that goes through the park.
· Continue to fund improvements to Highland Park through joint efforts of the
Department of Parks and Recreation and the Old Southwest, Inc. park fund.
Expand the neighborhood watch organizations to improve security in the park.
Continue planting of appropriate species of street trees. Coordinate with
neighborhood organizations to sponsor tree-planting rallies and maintenance
programs. Consider developing an "Adopt-a-tree program."
16
Old Southwest Neighborhood Plan
Public Services
Highland Park Learning Center & Magnet School
The Highland Park Learning Center and Magnet School is located adjacent to Highland
Park. Highland Park Learning Center merges traditional education with technology and is
nationally recognized as a "Blue Ribbon School of Excellence." The school also is applying
for authorization to offer the Intemational Baccalaureate Primary Years Programme for all
students. The school's special features include an art studio, science lab; computers in
every classroom and a multimedia center that houses laserdisc players, computers, CD
ROMs with on-line encyclopedias, a big-screen television, interactive video and a desktop
publishing center. Adult education programs are also provided at the learning center.
Fire Stations
Fire Stations One and Three are the pdmary fire stations serving Old Southwest. Fire
Station One is downtown in the market area on Church Avenue. Fire Station Three is on
6th Street and Rorer Avenue, Southwest. The Fire/EMS Department's long-range plan
recommends consolidation of these two stations into one larger station. Potential locations
for the new station are currently being evaluated.
Community Policing
The Vision 2001-2020 Comprehensive Plan recognizes the importance of involving the
community to solve public safety issues. The City's Police Department has adopted a
community policing approach. The intention of the community policing approach is to
strengthen close interaction and mutual cooperation between police, residents, businesses
and community groups.
Calls for Service
In the most recent years, 2000 and 2001, the majority of the calls for service in Old
Southwest were for domestic disorders, security alarms, alcohol and drug violations, noise
violations, and larceny/robbery. The number of calls and the type of offenses reported
indicate that while overall Old Southwest may not rank among the City's most dangerous
areas, there are occurrences of violent crime and general public safety is a concern in the
neighborhood. The Marshall and Day Avenue area is the most problematic.
Neighborhood residents are working closely with police officers to concentrate on
addressing these issues.
Neighborhood Crime Watch
There have been several crime watch groups formed over the years in Old Southwest,
though at present only one is still functioning. The residents of Old Southwest are
currently discussing the creation of a new, and expansion of the existing, Neighborhood
Crime Watch, to enhance communication with the Police Department and develop
solutions to public safety issues in the neighborhood. In May 2000, neighborhood
residents formed Gateway Guardians, a Neighborhood Crime Watch focusing their efforts
on the northern area of Old Southwest (generally between Mountain to Marshall from 4~h to
10th). In January 2002, a neighborhood meeting was held to discuss expanding the
coverage of Neighborhood Watches to the entire neighborhood. Additional meetings and
coordination will be needed to increase the participation of neighborhood residents in
these neighborhood watch groups.
17
Old Soufhwes~ Neighborhood Plan
Policies
· Public Safety: Potential homebuyers should be confident that Old Southwest is a
safe place to reside. Residents and non-residents alike should perceive of Old
Southwest as a safe, pleasant neighborhood in which to visit, work, shop and play.
Neighborhood Watches: Through a neighborhood watch organization, residents will
continue to maintain regular communication with law enforcement officials, helping
to report, deter and prosecute criminal activity.
· Highland Park: Use of the Park by residents should be increased to make it safer.
Actions
· Build on and continue current activities aimed to reduce cdme in the neighborhood
by involving more residents and working with police officers assigned to Old
Southwest. Enhance the existing Neighborhood Watch through additional
membership and expanded geographical coverage, so that it functions
neighborhood-wide.
Consider reducing or eliminating exterior public pay phones and vending machines
at commercial establishments. Merchants have and should continue to provide the
use of public phones for outgoing calls only.
· Explore the installation of an emergency phone in Highland Park.
Infrastructure
Neighborhood Layout
The streets of Old Southwest are laid out in a grid pattern, providing convenient access
through its multiple egress and ingress routes. The streets are characterized by narrow
lanes, on-street parking, and trees.
Traffic Circulation
Old Southwest has one major traffic calming device, Argonne Circle, which was originally
designed as a park. Argonne Circle is located at the intersection of King George Avenue
and Fourth Street. Neighborhood residents expressed the importance of maintaining this
traffic calming device as green space.
Gateways & Traffic Volumes
Old Southwest has several streets acting as gateways or entrances into the neighborhood
that provide access to motorists coming from and going to neighboring localities,
downtown and adjoining neighborhoods. Franklin Road and Jefferson Street serve as the
primary north/south corridors, and have the highest traffic volumes (see Table 5). Fifth
Street acts as a secondary north/south gateway to the neighborhood.
18
Old Southwest Neighborhood Plan
South Jefferson Redevelopment Area
The development of the Riverside Centre for Research and Technology (RCRT) in the
South Jefferson Redevelopment Area will have an impact on the volume of traffic through
Old Southwest. Residents have expressed interest in a shuttle service to the downtown
area. Such a service may be possible in the future that links the RCRT to downtown via
Old Southwest.
The Elm Avenue interchange may be improved to provide better access to the RCRT from
1-581 and mitigate the traffic impact on Old Southwest and other surrounding
neighborhoods. In addition to serving as a gateway from 1-581, the Elm Avenue corridor
has long been a de facto dividing line between the largely revitalized southern portion of
the neighborhood, and the more distressed northern area. Streetscape improvements to
Elm Avenue, e.g. trees and other landscaping, and crosswalks, could serve to calm traffic
and improve pedestrian access to better connect these areas.
Neighborhood residents, particularly those located closer to 1-581 and U.S. 220, have
expressed concems about the noise generated by passing automobiles. Improvements
such as noise barriers will not be considered by the Virginia Department of Transportation
unless there are plans to widen or improve the existing roadway. Currently, there are no
plans to widen this area of U.S. 220.
Alleys
Old Southwest residents feel that alleys are an important asset to the neighborhood.
However, residents have also reported that some alleys in the Elm, Day, and Marshall
Avenue area are littered with trash and tires. There have been clean-up programs
sponsored by neighborhood residents and City staff that encourage residents to take a
proactive approach to alley maintenance. In addition, residents have noted that trash
disposal has improved as most people in the neighborhood use the large City supplied
cans. Still, better maintenance of the alleys by residents is needed as well as more
aggressive code enforcement to discourage dumping in alleys.
Parking & Lighting
The narrow streets and on street parking of Old Southwest act as a traffic-calming device
in the neighborhood. However, the neighborhood's high residential density and
professional offices create a relatively large demand for parking. Urban neighborhoods
such as Old Southwest usually lack the area for parking that can be found in more
suburban areas. Other amenities, such as proximity to downtown and the historic
character of the neighborhood, compensate for this minor inconvenience.
City Council adopted a residential parking program, which allows some neighborhoods to
limit parking on their streets to residents via a vehicle sticker. The neighborhood may
consider implementing the program in certain portions of the neighborhood to address
parking issues. Rezoning the neighborhood to decrease the density will be part of the
long-term parking strategy. In addition, off-street parking requirements should be enforced.
The neighborhood has expressed concerns about inappropriate, inadequate (too dim) or
absent street lighting in some areas. At the same time, residents also expressed concerns
with lighting fixtures that are too tall and illuminate excessive glare. The Neighborhood
19
Old Southwes~ Neighborhood Plan
Organizations will continue to work with residents in these problem areas to complete
applications for Street Light improvements.
Sidewalks
Sidewalks are a vital part of the streetscapes in Old Southwest. The sidewalks make Old
Southwest a pedestrian-friendly neighborhood, with downtown, Highland Park and the
Roanoke River only minutes away by foot. Several areas in Old Southwest are in need of
new sidewalks (see the table below), while some existing sidewalks are in need of repair.
Sidewalk improvements are ranked by the Department of Engineering based on several
criterion, including whether the given area lies within a neighborhood that has a City
Council adopted neighborhood plan. Needed sidewalk improvements in Old Southwest
will be submitted in the selection process upon adoption of the plan.
Table 1:
sidewalk and/or curb.
2O
Old Southwest Neighborhood Plan
Table 2: Sidewalks needing repairs.
Policies
· Pedestrian-oriented streets: Old Southwest will have safe, pleasant streets that
emphasize pedestrian rather than automobile traffic. Through-traffic will be
discouraged. Streets with high volumes of traffic, such as Elm and Jefferson
Avenues, Franklin Road, and Fifth Street, should maintain a balance between
vehicular traffic flow and pedestrian accommodations, and capacity enhancements
will be discouraged.
· Alleys: Alleys shall be retained and maintained. Alleys shall be safe and used for
parking, trash pickup and rear access.
Streetscapes: The streetscapes of Old Southwest ara important to maintaining the
historic character of the neighborhood. Emphasis shall be placed on the compatible
design of sidewalks, street lighting (preferably, use porch lights rather than
unshielded street lights) and planting strips. Maintenance of existing streets,
sidewalks, curbs and gutters shall be improved.
Utilities: Underground utilities are preferable to above ground utilities. The
considerable expenses incurred in burying utilities will require identifying alternative
funding sources. Relocating some utilities to alleys should also be considered as
an alternative to the present above ground placement.
· Residential Streets: Residential streets shall have mature tree canopies. Restrict
surface parking lots; require shared parking for commercial uses.
Gateways: Gateways are those key entrances to the neighborhood most frequently
used by incoming and through traffic. They should convey a positive impression to
visitors and through-traffic.
21
Old Sou~hwes~ Neighborhood Plan
Actions
· Develop streetscape standards in the Zoning and Subdivision Ordinances, including
design templates for sidewalks, street signs, curbs, curb cuts, street widths, travel
lanes, planting strips and street lighting. Emphasize historic materials and designs.
· Identify alternative funding sources for burying aboveground utilities throughout Old
Southwest.
· Consider establishing public shuttle routes linking the RCRT to downtown via Old
Southwest.
· Submit sidewalk improvements with cost estimates in the Capital Improvements
Program.
22
NOTICE OF PUBLIC HEARING BEFORE THE CITY OF ROANOKE PLANNING
COMMISSION
TO WHOM IT MAY CONCERN:
The City of Roanoke Planning Commission will hold a public hearing on Thursday, December
19, 2002, at 1:30 p.m., or as soon as the matter may be heard, in the City Council Chamber,
fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., to consider the
following:
1.
Amendment to Vision 2001-2002, the City's comprehensive plan, to include the
Gainsboro, Old Southwest and Belmont neighborhood plans.
Copies of said plans are available for review in the Department of Plarming Building and
Development, Room 166, Noel C. Taylor Municipal Building.
All parties in interest and citizens may appear on the above date and be heard on the
matter. If you are a person who needs accommodations for this heating, please contact the
Department of Planning Building and Development at 853-1730 before 12:00 noon on the
Monday before the date of the heating listed above.
Martha P. Franklin, Secretary
City of Roanoke Planning Commission
Please print in newspaper on December 3 and 10, 2002
Please bill and send affidavit of publication to:
Department of Planning Building and Development
Room 166, Municipal Building
215 Church Avenue, SW
Roanoke, VA 24011
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
.................................................. + ...........................
ROANOKE CITY CLERK'S
215 CHURCH AVE. RM 456
ATT: MARY PARKER, CL
ROANOKE VA 24011
REFERENCE: 80023382
02049627
State of Virginia
City of Roanoke
2001-2020
I, (the undersigned) an authorized representative
of the Times-World Corporation, which corporation
is publisher of the Roanoke Times, a daily
newspaper published in Roanoke, in the State of
Virginia, do certify that the annexed notice was
published in said newspapers on the following
dates:
City/County of Roanoke, Commonwealth/State of
Viro, inia. Sworn and subscribed before me this
_/_Z~ ..... day of January 2003. Witness my hand and
~ s~.~/offic' 1 se .
~//~~__~~ Notary Public
~----~My/com~ission expires----'~--~-~7-~,~'~
PUBLISH,iD ON: 01/03 01/10
TOTAL COST: 257.60
FILED ON: 01/17/03
Authorized
Signature: ..... Billing Services Representative
NOTICE OF PUBLIC HEARING
TO WHOM IT MAY CONCERN:
Notice is hereby given pursuant to §15.2-2204, of the Code of Virginia (1950), as
amended, that Vision 2001 - 2020, the City's Comprehensive Plan, is proposed to be
amended to include the Old Southwest and Belmont Neighborhood Plans as elements of such
Plan.
Copies of the proposed Plans to be considered by City Council in connection with
these proposed amendments are on file in the Office of the City Clerk, Room 456, Noel C.
Taylor Municipal Building.
A public hearing will be held before the Council of the City of Roanoke on Tuesday,
January 21, 2003, at 7:00 p.m., or as soon thereafter as the matters may be heard, in the
Council Chambers, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke,
Virginia, at which time citizens of the City shall be given an opportunity to appear and be
heard by Council on the subject of these proposed amendments.
If you are a person with a disability who needs accommodations for this hearing,
please contact the City Clerk's Office (853-2541), before 12:00 noon on Thursday,
January 16, 2003.
GIVEN under my hand this 30thday of December
,2002.
Mary F. Parker, City Clerk.
H \NOTICES/N AMEND COMpKEHENSIVE PLAN (OLD SWBELMONT 012103) DOC
Notice to Publisher:
Publish in the Roanoke Times once on Friday, January 3, 2003, and once on Friday,
January 10, 2003.
Send bill and affidavit to:
Mary F. Parker, City Clerk
215 Chumh Avenue, S. W.
Roanoke, Virginia 24011
(540) 853-2541
CITY OF RO_..ANOKE
Office of the C~ty Clerk
Mary F. Parker, CMC
City Clerk
January 28, 2003
File #60-468
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 36221-012103 changing the rate structure and
establishing a revised rate schedule for certain rates for water provided by the City,
effective March 1, 2003; directing amendment of the Fee Compendium; and dispensing
with the second reading by title of this ordinance.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Tuesday, January 21, 2003, to be effective
March 1,2003.
· Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Attachment
pc:
Jesse A. Hall, Director of Finance
George C. Snead, Jr., Assistant City Manager for Operations
Michael T. McEvoy, Director, Department of Utilities
Jesse H. Perdue, Jr., Manager, Water Division
Dana D. Long, Manager, Billings and Collections
H:~Agenda.03~January 21, 2003 correspondence,wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21st day of January, 2003.
No. 36221-012103.
AN ORDINANCE changing the rate structure and establishing a revised
rate schedule for certain rates for water provided by the City effective March 1,
2003; directing amendment of the Fee Compendium; and dispensing with the
second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The revised rates and breakpoints for water provided by the City of
Roanoke shall be as set forth below with other rates and related charges to
continue as previously established, all as further set forth in the letter from the
City Manager, dated January 21, 2003, including Exhibit A thereto, and such
rates, breakpoints, and charges to be effective for water and statements rendered
on or after March 1, 2003. The revised rates and breakpoints are as follows:
DESCRIPTION:
Water charges for delivery are charged per
hundred cubic feet (100 cubic feet equals 750
gallons).
SERVICE CHARGE:
Water Rates
Minimum Charge per Month
Meter Size Effective
(inch) March 1, 2003
5/8 $3.25
~ $8.67
1 $11.54
1 ½ $23.10
2 $36.92
3 $92.30
4 $147.66
6 $369.17
8 $590.65
10 $945.02
12 $1,476.65
Customer Water Consumption Rates Rate per HCF
Service in Hundred Cubic Feet Effective
Type (HCF) March 1, 2003
Domestic All consumption to 10 HCF
per month (7,500 gallons) $1.63
Over 10 HCF per month (over
7,500 gallons) $1.80
Commercial All consumption to 100 HCF
per month (75,000 gallons) $1.63
Over 100 HCF per month
( over 75,000 gallons) $1.80
Industrial All consumption to 500 HCF
per month (375,000 gallons) $1.63
Over 500 HCF per month
(over 375,000 gallons) $1.80
Irrigation All consumption $1.80
Notes:
For retail water service sold outside the City limits, the
minimum charge is 100% greater than Cityrates.
Cost of water rates and service outside the City limits is
$3.26/100 cu. ft. effective March 1, 2003.
Quarterly minimum charges and rates are three times the
monthly minimum charges and rates.
2. The Fee Compendium of the City, maintained by the Director of
Finance and authorized and approved by City Council by Resolution No. 32412-
032795, adopted March 27, 1995, effective as of that date, shall be amended to
reflect the foregoing amended fees, rates, breakpoints, and charges established by
this ordinance.
3. The fees, rates, breakpoints, and charges establishedby this ordinance
shall remain in effect until attended by this Council.
4. Pursuant to Section 12 of the Roanoke City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
CITY OF ROANOKE
Office of the City clerk
Mary F. Parker, CMC
City Clerk
January 28, 2003
File #60-468
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
I am attaching copy of Ordinance No. 36220-012103 amending and reordaining certain
sections of the 2002-03 Water Fund Appropriations, providing for appropriation of funds
in connection with changing the structure of City water rates and related charges for
services which will result in increases in certain rates and related charges; and dispensing
with the second reading by title of this ordinance.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Tuesday, January 21, 2003, and is in full force and
effect upon its passage.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Attachment
pc: Darlene L. Burcham, City Manager
George C. Snead, Jr., Assistant City Manager for Operations
Michael T. McEvoy, Director, Department of Utilities
Jesse H. Perdue, Jr., Manager, Water Division
Dana D. Long, Manager, Billings and Collections
Barry L. Key, Director, Office of Management and Budget
H:~.genda.03\January 21,2003 correspondence.w~.
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
Thw 21st day of January, 2003.
No. 36220-012103.
AN ORDINANCE to amend and reordain certain sections of the 2002-2003 Water
Fund Appropriations, and dispensing with the second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain sections of
the 2002-2003 Water Fund Appropriations be, and the same are hereby, amended and
reordained to read as follows, in part:
Appropriations
Capital Outlay $ 9,835,519
Crystal Spring Wells Supplements (1) ..................................................... 1,139,720
Revenues
Operating $ 13,388,295
Commercial Sales (2) ................................................ ' .............................. 2,266,545
Industrial Sales (3) .................................................................................. 313,061
Domestic Sales (4) .................................................................................. 1,888,191
1) Appropriated from
General Revenue
2) Commercial Sales
3) Industrial Sales
4) Domestic Sales
(002-530-8408-9003) $ 500,000
(002-110-1234-0901) 189,571
(002-110-1234-0902) 24,408
(002-110-1234-0903) 286,021
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.ro~mokegov.co, F~
,January :~l, 2003
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Vice Mayor
Honorable William D. Bestpitch, Council Member
Honorable William H. Carder, Council Member
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject: Water Rate Increase
Discussions between the City and County continue with regard to the formation
of a regional water authority. However, as has been stated previously even with
the format on of a water authority the current points of interconnection between
our two distribution systems limits the amount of water that can be transferred.
The costs associated with making new interconnections are significant and
cannot be supported under the current water rate structure.
The pumhase of water from the City of Salem and Roanoke County to offset
drought conditions has significantly depleted the Water Enterprise Fund's cash
reserves. These reserves are typically used to fund capital improvement
projects. In addition, increased funding for infrastructure replacement within the
City's water distribution system is needed. This includes additional fire hydrants
and replacement and automation of water meters as well as replacement of
water mains.
A water rate increase is needed to meet these funding requirements. Staff from
the Departments of Utilities and Finance worked together to develop following
recommended rate increase:
· A 35% increase to both tiers of the current water rates from $1.21 to
$1.63 per hundred cubic feet (HCF) for tier one and from $1.33 to $1 ~80
per HCF for tier two, which includes irrigation rates;
· An increase of approximately 10% in the minimum charge from $2.95 to
$3.25 per month for 5/8 inch meters; and
· A downward adjustment in the tier breakpoint for commercial and
industrial meter classes. The proposed tier breakpoints are 100 HCF for
The Honorable Mayor and Members of Council
Water Rate Increase
January 21,2003
Page 2 of 2
commercial down from the current 1,000 HCF and 500 HCF for industrial
down from the current 5,000 HCF.
No change in the residential tier, currently 10 HCF, is recommended. In 2001,
Council changed water rates from a declining block rate to a two-tier
conservation block rate. While the residential tier breakpoint is appropriate,
account data collected since the new rate structure was put in place suggests
that the breakpoints for commercial and industrial were set too high to be
effective at promoting conservation. Exhibit A attached to this letter sets forth
the revised rates referred to above.
The recommended rate changes are expected to generate between $2.4 and
$3.1 million in revenue annually. The variation is due to the uncertainty of
conservation effects with the changes in the tier two rate and breakpoints. The
rate increases are recommended for implementation on March 1,2003. Based
on this implementation date, additional revenue of $800,000 is expected for
FY03. $500,000 of this is requested for appropriation at this time, to fund
additional well supplements at Crystal Spring.
Recommended Action:
Approve the revised utility rates as detailed in this letter and as set forth in
Exhibit A. Increase revenue estimates for fiscal year 03 by $500,000 as follows:
(1) Commercial $189,571; (2) Industrial $24,408; (3) Domestic $286,021.
Appropriate $500,000 to account number 002-530-8408-9003.
_¢ectfully s. ubmitted,
Darl~~
City Manager
DLB/mtm
Jesse Hall, Director of Finance
William M. Hackworth, City Attorney
Mary F. Parker, City Clerk
George C. Snead, Jr., Assistant City Manager for Operations
Michael McEvoy, Director of Utilities
Jesse Perdue, Water Division Manager
Dana Long, Manager, Billings and Collections
CM03-00010
EXHIBIT A - TO COUNCIL LETTER DATED JANUARY 21, 2003
WATER DELIVERY, WATER SERVICE AND
WATER METER CHARGES
ASSESSING DEPARTMENT: Billings and Collections
COLLECTION DEPARTMENT: Treasurer
DESCRIPTION:
SERVICE CHARGE:
Water charges for delivery are charged per
hundred cubic feet. (100 cubic feet equals 750
gallons).
Water Rates
Minimum Charge per Month
Meter Size (inch) Effective March 1,2003
5/8 $ 3.25
~A 8.67
1 11.54
1 Y2 23.10
2 36.92
3 92.30
4 147.66
6 369.17
8 590.65
10 945.02
12 1,476.65
Water Rates
Customer Service Type - Effective March 1, 2003
Domestic All Consumption to 10 hundred cubic feet/month
Over 10 hundred cubic feet/month (Over 7,500
gallons)
Rate
(per 100 cubic feet)
$1.63
$1.80
Commercial
All consumption to 100 hundred cubic feet/month
Over 100 hundred cubic feet/month (Over 75,000
gallons)
$1.63
$1.80
Industrial
All consumption to 500 hundred cubic feet/month
Over 500 hundred cubic feet/month (Over 375,000
gallons)
$1.63
$1.80
Irrigation All consumption
$1.80
Page 1 of 2
Notes:
-For retail water service sold outside the City limits, the
minimum charge is 100% greater than City rates.
-Cost of water rates and service outside the City limits is
$3.26/100 cu. ft.
-Quarterly minimum charges and rates are three times the
monthly minimum charges and rates.
Page 2 of 2
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
CITY CLERK '03 JAN 2'~
ROANOKE CITY WATER DEPT
2012 S. JEFFERSON, #100
ATTN: JESSE PERDUE
ROANOKE VA 24016
REFERENCE: 80090794
02048288
Water Services
State of Virginia
City of Roanoke
I, (the undersigned) an authorized representative
of the Times-World Corporation, which corporation
is publisher of the Roanoke Times, a daily
newspaper published in Roanoke, in the State of
Virginia, do certify that the annexed notice was
published in said newspapers on the following
dates:
City/County of Roanoke, Commonwealth/State of
Virginia. Sworn and subscribed before me this
__~_~_~___day of January 2003. Witness my hand and
offi~.~~c.i~~
___~_---i~~ ....... Notary P~ubli c
My commis~sion expires ___~o_--~k~_--_%'~_~___~_~_~____.
PUBLISHED ON: 12/31 01/07
NOTICE OF
II BLI nEAIUN
TOTAL COST: 506.00
FILED ON: 01/21/03 2oo~.
.................................................. + .........
Authori
...... , Billing
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
ROANOKE CITY WATER DEPT
2012 S. JEFFERSON, #100
ATTN: JESSE PERDUE
ROANOKE VA 24016
REFERENCE: 80090794
02048288
Water Services
State of Virginia
City of Roanoke
I, (the undersigned) an authorized representative
of the Times-World Corporation, which corporation
is publisher of the Roanoke Times, a daily
newspaper published in Roanoke, in the State of
Virginia, do certify that the annexed notice was
published in said newspapers on the following
dates:
City/County of Roanoke, Commonwealth/State of
Virago_ia. Sworn and subscribed before me this
_~__~_ day of January 2003. Witness my hand and
off~ seal.
Mf ~ommi~slon' ' e xp 1 r e~V--~--[__~_--~_~J_T_~?f~___'
PUBLISHED ON: 12/31 01/07
TOTAL COST:
FILED ON:
506.00
01/17/03
.................................................. + ......... tlo--~ for t~ls publl~ hesdn~ ....
Billin9 Service
Authorized
Signature:
Mary F. Parker,
NOTICE OF PUBLIC HEARING
Notice is hereby given that the City Council of the City of Roanoke will hold a
public heating on January 21, 2003, commencing at 7:00 p.m., in City Council Chambers
on the 4th Floor of the Noel C. Taylor Municipal Building, 215 Church Aye, S.W.,
Roanoke, Virginia, or as soon thereafter as the matter may be heard, on the matter of
changing the structure of the City water rates and related charges for services which will
result in increases in certain rates and related charges detailed as follows: (1) a change
from $1.21 to $1.63 for tier one and $1.33 to $1.80 for tier two, an increase of 35% to
both tiers; (2) an increase of 10% to the base rate for 5/8 inch meters from $2.95 to $3.25
per month; and (3) an adjustment to the breakpoint between the two tiers for commercial
and industrial meter classes. For commercial customers, the rate would be $1.63 per
hundred cubic feet (HCF) up to 100 HCF per month, and $1.80 per HCF per month over
100 HCF per month. For industrial customers, the rate would be $1.63 per HCF per
month up to 500 HCF per month, and $1.80 per HCF per month over 500 HCF per
month. Current commercial rates are $1.21 for 1,000 HCF per month, and $1.33 per
HCF over this. Current industrial rates are $1.21 for 5,000 HCF per month, and $1.33
per HCF over this. The proposed effective date of these changes is March 1, 2003.
The City's authority for enacting the above charges relating to fees for water
service is set out in §15.2-2143, Code of Virginia (1950), as amended and §§35-3 and 35-
4 of the Code of the City of Roanoke (1979), as amended.
The proposed ordinance, and information concerning the documentation and
justification for the above proposed charges, is available for examination by the public in
the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church
Avenue, S.W., Roanoke, Virginia 24011. The proposed ordinance is scheduled to be
considered by City Council at its regular meeting to be held on January 21, 2003.
Citizens shall have the opportunity to be heard and express their opinions on this
matter at the public heating to be held on January 21, 2003.
If you are a person with a disability who needs accommodations for this public
heating, contact the City Clerk's Office, 853-2541, by Thursday, January 16, 2003.
GIVEN under my hand this 30th day of December
,2002.
Mary F. Parker, City Clerk.
Note to Publisher:
Please publish twice in The Roanoke Times on Tuesday, December 31, 2002 and January 7,
2003.
Ad needs to be 1/8 page
Please bill:
Jesse Perdue
Water Division
City of Roanoke
2012 South Jefferson Street, Suite 100
Roanoke, Virginia 24014
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
January 28, 2003
File #2-166
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
Darlene L. Burnham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
At a regular meeting of the Council of the City of Roanoke which was held on Tuesday,
January 21, 2003, a public hearing was held on a proposal of the City of Roanoke to
convey surplus property located at the intersection of Gainsboro Road and Gilmer Avenue,
N. W., identified as Official Tax No. 2011718, to the nearby property owner; and to convey
surplus property located at the intersection of Gainsboro Road and Harrison Avenue,
N. W., described as Official Tax Nos. 2021788 and 2021789, to adjacent property owners
residing at 101 Harrison Avenue, N. W.
The ordinance was tabled for the purpose of addressing a question raised by Council
Member Bestpitch with regard to placing restrictions on the deed to property located at the
intersection of Gainsboro Road and Gilmer Avenue, in connection with the type of grading
to be permitted on the site.
MFP:mh
Sincerely,
Mary F. Parker, CMC
City Clerk
Jesse A. Hall, Director of Financ.~
Philip C. Schirmer, City Enginee,
~,¥. H:~Agenda. O3\January 21, 2003 correspondence.wp:
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephqne: (540) 8&3~23~30r~
CityWeb: www.roanokegov.com
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Vice Mayor
Honorable William D. Bestpitch, Council Member
Honorable William H. Carder, Council Member
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject: Surplus City-owned Property
Tax Nos. 2011718, 2021789 & 2021788
These parcels are located on Gainsboro Road, NW, at the intersections of Gainsboro and Gilmer and at
Gainsboro and Harrison and were acquired by the City in 1994 and 1995 as part of the right-of-way for the
Second Street/Gainsboro Road Project. Construction has been completed, leaving small residual parcels.
See attachment #1 for map of property. The property is no longer needed by the City and may be disposed
of as surplus property in exchange for the grantee agreeing to maintain the property in perpetuity. The City
would be relieved of the cost of continued maintenance of the property. Conveyance of the property to the
adjacent property owners will also return the property to the lax base. Tax No. 2011718 is adjoined by two
vacant parcels owned by Mary W. Cabbler, which are located next to property identified as 125 Gilmer
Avenue, N.W. The adjacent owners to Tax Nos. 2021788 and 2021789 are Francis and Karon Jeffries at
101 Harrison Avenue. All have agreed to accept the property.
Recommended Action(s):
Following a public hearing, authorize the City Manager to execute the appropriate documents to convey the
subject property to the adjacent property owners identified above, such documents to be approved as lo
form by the City Attorney.
DLB/SEF
Respectfully submitted,
Darlene L. Burchar~
City Manager
Attachment
C~
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Ha~l, Director of Finance
Philip C. Schirmer, City Engineer
#CM02-00285
Attachment #1
~ ....... GILMER .....
AVENUE
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
AN ORDINANCE authorizing the City Manager to execute agreements, deeds and
any related and necessary documents providing for the conveyance of City-owned property
located at the intersections of Gainsboro and Gilmer Road and at Gainsboro and Harrison
Road, and being identified as Official Tax Nos. 2011718,2021788 and 2021789, to adjacent
and nearby property owners, upon certain terms and conditions, and dispensing with the
second reading of this ordinance.
WHEREAS, a public hearing was held on January 21, 2003, pursuant to §§15.2-
1800(B) and 15.2-1813, Code of Virginia (1950), as amended, at which hearing all parties in
interest and citizens were afforded an opportunity to be heard on said conveyance.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. The City Manager and the City Clerk are hereby authorized, for and on behalf
of the City, to execute and attest, respectively, agreements, deeds and any related and
necessary documents providing for the conveyance of City-owned property located at the
intersections of Gainsboro and Gilmer Road and at Gainsboro and Harrison Road, and being
a portion of Official Tax Nos. 2011718, 2021788 and 2021789, to adjacent and nearby
property owners, upon the terms and conditions set forth in the City Manager's letter to this
Council dated January 21, 2003.
2. All documents necessary for this conveyance shall be in form approved by the
City Attorney.
3. Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
CITY CL~K '~3 J~N 15 PNI~J~.~i
The Roanoke Times
ROANOKE CITY CLERK'S
215 CHURCH AVE. RM 456
ATT: MARY PARKER, CL
ROANOKE VA 24011
REFERENCE: 80023382
02053132
Gainsboro Road
State of Virginia
City of Roanoke
I, (the undersigned) an authorized representative
of the Times-World Corporation, which corporation
is publisher of the Roanoke Times, a daily
newspaper published in Roanoke, in the State of
Virginia, do certify that the annexed notice was
published in said newspapers on the following
dates:
City/County of Roanoke, Commonwealth/State of
Virginia. Sworn and subscribed before me this
__l~____day of January 2003. Witness my hand and
official 1.
----~~ ........... Notary Public
My commission expires ~ U~ ~
PUBLISHED ON: 01/10
p~us p.ope~y located at me
TOTAL COST: 161.00
FILED ON: 01/13/03
at
ire
NOTICE OF PUBLIC HEARING
The City of Roanoke proposes to convey surplus property located at the intersection of
Gainsboro Road and Gilmer Road, N.W., and identified as Tax Map No. 2011718, to the nearby
property owner. That property is located adjacent to two vacant lots which are located next to
property identified as 125 Gilmer Avenue, N.W. The City of Roanoke further proposes to convey
surplus property located at the intersection of Gainsboro Road and Harrison Avenue, N.W.,
identified by Tax Map Nos. 2021788 and 2021789 to the adjacent property owners who reside at
101 Harrison Avenue, N.W. The aforementioned conveyances will relieve the City of Roanoke of
the cost of maintaining the properties and return them to the tax base.
Pursuant to the requirements of §§15.2-1800(B) and 1813, Code of Virginia (1950), as
amended, notice is hereby given that the City Council of the City of Roanoke will hold a public
hearing on the above matter at its regular meeting to be held on Tuesday, January 21, 2003,
commencing at 7:00 p.m., in the Council Chambers, 4th Floor, Noel C. Taylor Municipal Building,
215 Church Avenue, S.W., Roanoke, Virginia 240I 1. Further information is available from the
Office of the City Clerk for the City of Roanoke at (540) 853-2541.
Citizens shall have the opportunity to be heard and express their opinions on said matter.
If you are a person with a disability who needs accommodations for this hearing, please
contact the City Clerk's Office at 853-2541 before 12:00 noon on Thursday, January 16, 2003.
GIVEN under my hand this 7th day of January ,2003.
Mary F. Parker, City Clerk.
Note to Publisher:
Please publish once in The Roanoke Times on Friday, January 10, 2003.
H ~NOTICESLN-GAINS BOROCON VEY012103 DOCGainsboroOI 2103
Notice to Publisher:
Publish in The Tribune once on Thursday, January 16, 2003.
Send bill and affidavit to:
Mary F. Parker, City Clerk
215 Church Avenue, S. W.
Roanoke, Virginia 24011
(540) 853-2541
Darlene L. Burcham, City Manager
215 Church Avenue, S.W.
Roanoke, Virginia 24011
(540) 853-2333
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
January 28,2003
File #2-166
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 36222-012103 authorizing vacation and relocation
of a portion of a sanitary sewer and drainage easement across Official Tax No. 1070605,
located on Wildwood Road, S. W., and across a portion of the adjoining parcel identified
as Official Tax No. 1070603, authorizing acceptance and dedication of a new sanitary
sewer and drainage easement across a portion of the same properties, upon certain terms
and conditions, and dispensing with the second reading of this ordinance by title.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Tuesday, January 21, 2003, and is in full force and
effect upon its passage.
MFP:mh
Sincerely,
Mary F. Parker, CMC
City Clerk
Attachment
pc:
Stephen W. Lemon, Attorney,,Martin, Hopkins & Lemon, P. C., P. O. Box 13366,
Roanoke, Virginia 24033
Jesse A. Hall, Director of Finance
Philip C. Schirmer, City Engineer
Robert K. Bengtson, Director, Public Works
;~i.. H:~Agenda.03~January 21,2003 correspondence.wp:
1N THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21st day of January, 2003.
No. 36222-012103.
AN ORDINANCE authorizing the vacation and relocation of a portion of a sanitary
sewer and drainage easement across Tax Map No. 1070605, located on Wildwood Road,
S.W., and across a portion of the adjoining parcel identified as 1070603, authorizing the
acceptance and dedication of a new sanitary sewer and drainage easement across a portion of
the same properties, upon certain terms and conditions, and dispensing with the second
reading of this ordinance by title.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. The City Manager and City Clerk are authorized to execute and attest,
respectively, in form approved by the City Attorney, appropriate documentation providing for
the vacation of a portion of an existing sanitary sewer and drainage easement across Tax Map
No. 1070605, located on Wildwood Road, S.W., and across a portion of the adjoining parcel
identified as 1070603, as more particularly described in the City Manager's letter to this
Council dated January 21, 2003.
2. The City Manager and City Clerk are authorized to execute and attest,
respectively, in form approved by the City Attorney, appropriate documentation providing for
the acceptance and dedication of a new sanitary sewer and drainage easement, across Tax
Map No. 1070605, located on Wildwood Road, S.W., and across a portion of the adjoining
parcel identified as 1070603, as more particularly described in the City Manager's letter to
O-Kingston Estates(vacateeasement) 101502
this Council dated January 21, 2003.
3. The City Attorney is authorized to record the appropriate documentation
providing for acceptance and dedication of a new sanitary sewer and drainage easement
across Tax Map No. 1070605, and across a portion of the adjoining parcel identified as
1070603, as more particularly described in the City Manager's letter to this Council dated
January 21, 2003.
4. Vacation of the aforementioned easements is made expressly contingent on all
of the property owners involved dedicating the new easements to the City of Roanoke.
5. Pursuant to Section 12 of the City Charter, the second reading of this ordinance
by title is hereby dispensed with.
ATTEST:
City Clerk.
O-Kingston Estates(vacateeasement) 101502
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
January 21,2003
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Vice Mayor
Honorable William D. Bestpitch, Council Member
Honorable William H. Carder, Council Member
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject:
Vacation and Dedication of Sewer &
Drainage Easements - Wildwood Road, SW
Tax Map No. 1070605
June W. Camper, owner of property located on Wildwood Road, SW, identified by Tax Map No.
1070605, has requested that the City vacate portions of sanitary sewer and drainage easements
that interfere with the development of the parcel. See Attachment #1. Robert H. Kulp, Jr., and G.
Baker Ellett, contract purchasers of the property propose to relocate the existing utilities and
easements and are willing to dedicate to the City alternate easements for the new alignment. The
plats have been reviewed by and are acceptable to the City Engineer. See Attachment #2 for plat
showing the existing easements to be vacated and Attachment #3 for the easements to be
dedicated. In addition, the owner of the adjacent parcel shown as Lot 3A, June W. Camper, has
agreed to dedicate the proposed easement on this parcel. The existing easement on Lot lA is not
being vacated.
Recommended Action(s):
Following a public hearing, authorize the City Manager to execute the appropriate documents
vacating the existing easements and accepting the new easements. The purchasers of the
property will be responsible for preparation of all necessary documents, approved as to form by the
City Attorney, and for all expenses associated with relocating any existing utilities.
Respectfully submitted,
City Manager
DLB/sef
Attachment
C.'
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Philip C. Schirmer, City Engineer
Stephen W. Lemon, Martin, Hopkins & Lemon, P.C.
#CM02-00292
Attachment #1
Attachment #2
LOT
3A
0
LOT 2A
0.482 ACRE
LOT 1 A
WILDWOOD RD., SW UANHO,.E
PLAT MADE
ROBERT KULP
ROANOKE,
Attachment #3
O
Z
C)
LOT 5A
<:
LOT 1 A
LOT 2A
0.482 ACRE
WILDWOOD RD., SW ,~*,~,c~-~
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
UTV CL '03 JRN 15
The Roanoke Times
.................................................. + ...........................
ROANOKE CITY CLERK'S
215 CHURCH AVE. RM 456
ATT: MARY PARKER, CL
ROANOKE VA 24011
REFERENCE: 80023382
02052988
Wildwood Rd.
State of Virginia
City of Roanoke
I, (the undersigned) an authorized representative
of the Times-World Corporation, which corporation
is publisher of the Roanoke Times, a daily
newspaper published in Roanoke, in the State of
Virginia, do certify that the annexed notice was
published in said newspapers on the following
dates:
City/County of Roanoke, Commonwealth/State of
Virginia. Sworn and subscribed before me this
~4A~ day of January 2003. Witness my hand and
official seal.
~---~~___ Notary Public
y commission expires __~Z~_~_~__~?~_ ..... .
PUBLISHED ON: 01/10
TOTAL COST: 133.40
FILED ON: 01/13/03
NOTICE OF PUBLIC HEARING
In co~mection with the development of a parcel on privately owned property located on
Wildwood Road, S.W., and identified by Roanoke City Tax Map No. 1070605, the City of Roanoke
proposes to vacate portions of sanitary sewer and drainage easements that interfere with the
development of the parcel in exchange for such easements to be relocated and dedicated to the City
of Roanoke.
Pursuant to the requirements of§§ 15.2-1800(B), 1813, Code of Virginia (1950), as amended,
notice is hereby given that the City Council of the City of Roanoke will hold a public hearing on the
above matter at its regular meeting to be held on Tuesday, January 2I, 2003, commencing at 7:00
p.m., in the Council Chambers, 4th Floor, Noel C. Taylor Municipal Building, 215 Church Avenue,
S.W., Roanoke, Virginia, 24011. Further information is available from the Office of the City Clerk
for the City of Roanoke at (540) 853-2541.
Citizens shall have the opportunity to be heard and express their opinions on said matter.
If you are a person with a disability who needs accommodations for this hearing, please
contact the City Clerk's Office at (540) 853-2541, before 12:00 noon on Thursday, January 16, 2003.
GIVEN under my hand this 7th day of January ,2003.
Mary F. Parker, City Clerk.
Note to Publisher:
Please publish once in The Roanoke Times on Friday, January 10, 2003.
Send Publisher's Affidavit and Bill to:
Mary F. Parker, City Clerk
456, Municipal Building
215 Church Avenue, S.W.
Roanoke, Virginia 240i 1
(5/40) 853-2541
H:~NOTICES~N VACATIONO FEAS EMENT-W1LDWOODROAD010303 DOC
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
Januaw 28,2003
File #373-524
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 36224-012103 authorizing extension of an existing
lease between the City of Roanoke and the General Services Administration of the United
States of America for lease of certain space in the Commonwealth Building, located at 210
Church Avenue, S. W., for a period of one year, authorizing the City Manager to execute
the requisite lease extension agreement, and dispensing with the second reading of this
ordinance.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Tuesday, January 21, 2003, and is in full force and
effect upon its passage.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Attachment
pc:
Jesse A. Hall, Director of Financ~
Wanda B. Reed, Acting Manager, Building Services
Barry L. Key, Director, Office of Management and Budget
Dana D. Long, Manager, Billings and Collections
Scott L. Motley, Economic Development Specialist
¢~ H:~Agenda.03~January 21, 2003 correspondence.wc.
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
Thw 21st day of January, 2003.
lqo. 3622/4-012103.
AN ORDINANCE authorizing the extension of an existing lease between the City of
Roanoke and the General Services Administration of the United States of America for the lease
of certain space in the Commonwealth Building, located at 210 Church Avenue, S.W., for a
period of one year, authorizing the City Manager to execute the requisite lease extension
agreement, and dispensing with the second reading of this ordinance.
WHEREAS, by Ordinance No. 27529, dated May 6, 1985, City Council authorized the
appropriate City officials to enter into a lease agreement, dated July 15, 1985, between the
United States of America, through the General Services Administration, for space in the
Commonwealth Building; and
WHEREAS, the General Services Administration of the United States of America is
interested in extending the current lease of this space, which expires January 31, 2003, for one
year, upon the same terms as the current lease.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The City Manager and City Clerk are hereby authorized to execute and attest,
respectively, on behalf of the City, in form approved by the City Attorney, a lease extension
agreement for lease of certain space of City-owned property known as the Commonwealth
Building, upon the same terms as the current lease, such lease begins February 1, 2003, and
expires January 31, 2004, at $6.50 per square foot plus $3.97 per square foot for operating
costs (increased annually based on consumer price index) with an annual rent amount of
H:\ORDINANCES\O-CommonwealtBIdgLeaseExt012103.doc
$130,007.76, as more particularly stated in the City Manager's letter to City Council dated
January 21, 2003.
2. Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
H:\ORDINANC ES\O-CommonwealtBldgLeaseExt012103.disc
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
Januaw 21,2003
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Vice-Mayor
Honorable William D. Bestpitch, Council Member
Honorable William H. Carder, Council Member
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject: Lease of Commonwealth
Building
Background:
The General Services Administration (GSA) leases the second floor of the
Commonwealth Building for use of the Federal Bankruptcy Court and affiliated
offices. This lease expires January 31,2003. The GSA is interested in continuing
the lease of this space and is currently considering leasing more space within the
Commonwealth Building.
Considerations:
Currently, the GSA leases 12, 413 square feet, including the entire second floor
and one office on the first floor. The current lease rate is $6.50 per square foot
plus $3.97 per square foot for operating costs, with annual rent totaling
$130,007.76. The renewal of this lease involves the same square footage and
base rate per square foot, with the rate for operating cost increasing according to
the Consumer Price Index for 1982 - 1984 = 100, as a condition of the current
lease.
The GSA is actively searching for additional office space to support its current
operation in the Commonwealth Building. Additional space has tentatively been
identified on the first floor of this building. The GSA is in the process of
determining if this space will adequately address the needs of the Bankruptcy
Court. To accomplish negotiating a lease that will incorporate the current leased
Mayor Smith and Members of Council
Page 2
January 21,2003
area and any additional space, the GSA has requested a one-year extension of the
current lease agreement.
Recommended Action:
Authorize the City Manager to offer and execute an extension of the existing lease
between the City of Roanoke and the GSA, permitting a one-year term to allow
appropriate time for the GSA and the City to negotiate terms and conditions for a
new lease agreement. This one-year extension period will begin February 1,2003,
and end January 31,2004.
City Manager
DLB:slm
C~
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Barry L. Key, Director of Department of Management and Budget
Wanda Reed, Acting Building Services Manager
Dana Long, Manager of Billings and Collections
Scott L. Motley, Economic Development Specialist
CM02-00284
Ro~hoi~e, VA 42011
TH~S AGR~-'EMENT, ma~e emJ enle~ [~ ~ crate by e~ between
The C~ of Reenoke
N0. 8
ACT f,l~ml~l~
BOX 1451
R0~. VA 24007
Lesso~, and the UNITED STATES OF AMERICA, heml~ c~ed ~ ~:
Lem~ is ~enc~d~ ~ ~anu~ 3~, 2003 _. a~ ~:
1. Paragraph 2 of S~c~ard F~'m 2 ~ ~ a~n~ ~ d~ng ~ ~ ~ in i~ en~ ~d ~
C~ of RoaAc~e
iN P~ENCE OF
,'rATES OF A~ER~C~ G~ Nlegheny ~ ~r
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
.................................................. + ...........................
ROANOKE CITY CLERK'S
215 CHURCH AVE. RM 456
ATT: MARY PARKER, CL
ROANOKE VA 24011
REFERENCE: 80023382
02053399
Commonwealth Bld9.
State of Virginia
City of Roanoke
I, (the undersigned) an authorized representative
of the Times-World Corporation, which corporation
is publisher of the Roanoke Times, a daily
newspaper published in Roanoke, in the State of
Virginia, do certify that the annexed notice was
published in said newspapers on the following
dates:
City/County of Roanoke, Commonwealth/State of
Virginia. Sworn and subscribed before me this
[~9~ day of January 2003. Witness my hand and
offi~ Notary Public
My commission expires ~--~ ~ ~
PUBLISHED ON: 01/10
TOTAL COST:
FILED ON:
112.70
01/13/03
Signatur .._~'~_~_~/J_~_~_~/___~_~ .... Billing Services Representative
NOTICE OF PUBLIC HEARING
The City of Roanoke proposes to extend a lease of a portion of the City-owned property,
known as the Commonwealth Building, located at 210 Church Avenue, S.W., to the United States
Federal Government, General Services Administration, for a period of one year.
Pursuant to the requirements of §§15.2-1800(B) and 1813, Code of Virginia (1950), as
amended, notice is hereby given that the City Council of the City of Roanoke will hold a public
hearing on the above matter at its regular meeting to be held on January 21, 2003, commencing at
7:00 p.m., in the Council Chambers of the Noel C. Taylor Municipal Building, located at 215 Church
Avenue, S.W., Roanoke, Virginia 24011.
Citizens shall have the opportunity to be heard and express their opinions on said matter.
If you are a person with a disability who needs accommodations for this hearing, please
contact the City Clerk's Office (853-2541), before 12:00 noon on Thursday, January 16, 2003.
GiVEN under my hand this 8th day of January 2003.
Mary F. Parker, City Clerk.
Note to Publisher:
Please publish once in The Roanoke Times on Friday, January 10, 2003.
Send Publisher's Affidavit and Bill to:
Mary F. Parker, City Clerk
456 Municipal Building
215 Church Avenue, S.W.
Roanoke, Virginia 24011
H:~NOTICES\NL-COMVA-GENERALSERV- PH-01-21-03.DOC