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Home My WebLink AboutCouncil Actions 06-20-94WHITE 32056 REGULAR WEEKLY SESSION ROANOKE CIIT COUNCIL June 20, 1994 2:00 p.m. AGENDA FOR THE COUNCIL Call to Order -- Roll Call. All Present. The Invocation was delivered by Mayor David A. Bowers. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. Welcome. Mayor Bowers. A Resolution recognizing and commending the meritorious service rendered to the City by the Honorable Howard E. Musser, Member, Roanoke City Council. Adopted Resolution No. 32056-062094. abstained from voting.) File g80--132 (6--0, Council Member Musser A Resolution recognizing and commending the meritorious service rendered to the City by the Honorable James G. Harvey, II, Member, Roanoke City Council. Adopted Resolution No. 32057-062094. abstained from voting.) File g80-132 (6-0, Council Member Harvey Recognition of the Honorable W. Alvin Hudson, Sheriff, in connection with re-accreditation of the Roanoke City Jail by the American Correctional Association. File #121-123 BID OPENINGS Two bids for asbestos abatement removal at the former Datasafe, Inc., and former Miller, Morgan and Co., buildings located at 330 and 340 W. Campbell Avenue were referred to a committee composed of William White, Sr., William F. Clark and George C. Snead, Jr., for tabulation, report and recommendation to Council. File #121-123-166-288 CONSENT AGENDA (APPROVED 7-0) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE MAYOR AND MEMBERS OF CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION IN THE FORM, OR FORMS, LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERRD SEPARATELY. 2 C-1 A communication from Mayor David A. Bowers requesting an Executive Session to discuss vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1- 344 (A)(1), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in request for Council to convene in Executive Session to discuss vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. File 4/110-132 C-2 A communication from the Secretary of the Roanoke City Electoral Board transmitting a certified copy of the Abstract of Votes cast in the Democratic Primary Election held in the City of Roanoke on June 14, 1994. RECOMMENDED ACTION: Receive and file. File g40 C-3 Qualification of David Hill as a member of the Roanoke Arts Commission to fill the unexpired term of Elizabeth T. Bowles, resigned, ending June 30, 1995. RECOMMENDED ACTION: Receive and file. File #15-110-230 C-4 Qualification of S. Elaina Duckett as a member of the Youth Services Citizen Board for a term of three years ending May 31, 1997. RECOMMENDED ACTION: Receive and file. File #15-110-304 A report of the City Manager requesting that CotmcH convene in Executive Session to discuss disposition of publicly held property in connection with location of a prospective business when no previous announcement has been made of the business' interest in locating in the 3 community, specifically the possible conveyance of an interest in land for economic development purposes, pursuant to Section 2.1-344 (A)(3) and Section 2.1-344 (A)(5), Code of Virginia (1950), as amended. File #104-132 REGULAR AGENDA 3. I4EARING OF CITIZENS UPON PUBLIC MATrERS: None. 4. PETITIONS AND COMMUNICATIONS: None. 5. REPORTS OF OFFICERS: ao CITY MANAGER: BRIEFINGS: 1. A report with regard to the Youth Summit. (15 minutes) Received and filed. File #304 ITEMS RECOMMENDED FOR ACTION: 2. A report with regard to Amendment No. 1 to the Community Development Block Grant Program Contract for Services with Total Action Against Poverty. Adopted Budget Ordinance No. 32058-062094 and Resolution No. 32059-062094. (7-0) File 860-226-236-247-258-360 4 A report recommending that the Director of Finance be authorized to increase Circuit Court Clerk fee revenues by $41,039.00 and appropriate funds for one additional Judicial Secretary and one additional Deputy Clerk in the Office of the Clerk of Circuit Court. Adopted Budget Ordinance No. 32060-062094. (7-0) File g60-103-214 A report with regard to transfer of bridge maintenance program funding, in the amount of $57,915.00, for use in fiscal year 1994-95 bridge maintenance. Adopted Budget Ordinance No. 32061-4162094. (7-0) File/ff:~0--102-217-514 A report with regard to funding adjustments to cover refuse disposal program requirements in Solid Waste Management for fiscal year 1993-94. Adopted Budget Ordinance No. 32062-062094. (7-0) File g60-144-183-253 6. A report with regard to a Market Rate Housing Strategy. Concurred in report and received and filed. File #51-178-200-450-514 o A report with regard to Amendment No. 1, in the amount of $176,600.00, to the agreement with Mattern & Craig, Inc., for consultant services for the Walnut Avenue Bridge over the Roanoke River. Adopted Budget Ordinance No. 32063-062094 and Resolution No. 32064-062094. (7-0) File #102-405 5 b. DIRECTOR OF FINANCE: A report with regard to the close-out of completed capital projects and recommending transfer of funds into appropriate capital accounts. Adopted Budget Ordinance No. 32065-062094. (7-0) File g60-217 A report recommending appropriation of $13,800,000.00 to an account to be established in the Capital Projects Fund to reflect the transfer of funding previously appropriated to the Hotel Roanoke Conference Center Commission Fund. Adopted Budget Ordinance No. 32066-062094. (7-0) File g60-217-247-258 6. REPORTS OF COMMITrEES: a. A report of the committee appointed by the Mayor to tabulate bids received by the City to remove the wood windows on the north and west elevations of the Commonwealth Building and replace with aluminum windows, recommending that the City Manager be authorized to enter into a contractual agreement with American Door & Glass, Inc., in the amount of $107,641.00; and transfer of funds in connection therewith. Council Member William White, Sr., Chairperson. Adopted Budget Ordinance No. 32067-062094 and Ordinance No. 32068--062094. (7-0) File g60-183-524 6 A report of the committee appointed by the Mayor to study the one bid received by the City to provide and install a new podium roof membrane at the Municipal Building, recommending that the City Manager be authorized to enter into a contractual agreement with Consolidated Industrial Roofing, Inc., in the amount of $27,600.00; and transfer of funds in connection therewith. Council Member William White, Sr., Chairperson. Adopted Budget Ordinance No. 32069--062094 and Resolution No. 32070-062094. (7--0) File g60-183-209 7. UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION ORDINANCES AND RESOLUTIONS: OF Ordinance No. 32007, on second reading, approving an agreement between the City and the Virginia Department of Transportation for the widening and realignment of Wells Avenue, N. E.; providing for allocation of the City's share of the project cost; and authorizing execution of said agreement on behalf of the City. Adopted Ordinance No. 32007-062094. (7-0) File g20--77-200-247-258-405-514 bo Ordinance No. 32032, on second reading, rezoning two lots located on the south side of Maddock Avenue, N. E., identified as Official Tax Nos. 3080901 and 3080902, from RM-1, Residential Multi-family, Low Density District, to C-2, General Commercial District. Adopted Ordinance No. 32032-062094. (7-0) File g51 7 Ordinance No. 32033, on second reading, rezoning two tracts of land, one located at the northwest intersection of 4th Street and Mountain Avenue, S. E., and the other located at the southwest intersection of the same intersection, and identified as Official Tax Nos. 4021001 and 4020326, from LM, Light Manufacturing District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner. Adopted Ordinance No. 32033-062094. (7-0) File #51 do Ordinance No. 32034, on second reading, permanently vacating, discontinuing and closing that section of Mountain Avenue, S. E., bounded on the west by the fight-of-way of Interstate 581 and U.S. 220, on the east by the western line of the fight-of-way of 4th Street, S. E., on the south by the northern boundary of Official Tax No. 4021001, and on the north by the southern boundary of Official Tax No. 4020326. Adopted Ordinance No. 32034-062094. (7-0) File #514 Ordinance No. 32035, on second reading, permanently vacating, discontinuing and closing all of that certain public fight-of-way of Wells Avenue, N. E., between the western side of Commonwealth Avenue and the eastern side of Jefferson Street. Adopted Ordinance No. 32035-062094. (7-0) File g514 Ordinance No. 32036, on second reading, with regard to proposed amendments to Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended. Adopted Ordinance No. 32036-062094. (7-0) File #51-249 8 9. MOTIONS AND MISCELLANEOUS BUSINESS: ao Inquiries and/or comments by the Mayor and Members of City Council. The City Attorney was requested to prepare the proper measure memorializing the late M. Carl Andrews. File//67-367 bo Vacancies on various authorities, boards, commissions and committees appointed by Council. 10. OTHER HEARINGS OF CITIZENS: None. CERTIFICATION OF EXECIYrlVE SESSION. (5-0, Council Member Edwards left the meeting following the Executive Session, and Council Member Harvey was out of the Cotmc'fl Chamber.) Reappointed persons to serve on certain boards, commissions and committees as set forth in a communication from the City Clerk under date of June 20, 1994. File #110 Reappointed Howard E. Musser to the War Memorial Committee. File #110-518 9 MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk June 27, 1994 The Honorable Kenneth E. Trabue, Chief Judge The Honorable Roy B. Willett, Judge The Honorable G. O. Clemens, Judge The Honorable Clifford R. Weckstein, Judge The Honorable Diane McQ. Strickland, Judge Twenty-Third Judicial Circuit Roanoke, Virginia Dear Judge Trabue, Judge Willett, Judge Clemens, Judge Weckstein and Judge Strickland: I am attaching copy of the following measures that pertain to the Circuit Court: Ordinance No. 32036-062094 Budget Ordinance No. 32060-062094 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 20, 1994. If you have questions, please do not hesitate to call me. Sincerely, f Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 240! 1 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk June 27, 1994 The Honorable Edward S. Kidd, Jr., Chief Judge The Honorable Richard C. Pattisall, Judge The Honorable Julian H. Raney, Jr., Judge General District Court Roanoke, Virginia Dear Judge Kidd, Judge Pattisall and Judge Raney: I am attaching copy of the following measure that pertains to the General District Court: Ordinance No. 32036-062094 The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 20, 1994. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk June 27, 1994 The Honorable Joseph M. Clarke, II, Chief Judge The Honorable John B. Ferguson, Judge The Honorable Philip Trompeter, Judge Juvenile and Domestic Relations District Court Roanoke, Virginia Dear Judge Clarke, Judge Ferguson and Judge Trompeter: I am attaching copy of the following measure that pertains to the Juvenile and Domestic Relations District Court: Ordinance No. 32036-062094 The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 20, 1994. If you have questions, please do not hesitate to call me. Sincerely, City Clerk MFP: sm Enc. MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 June 27, 1994 SANDRA H. EAK1N Deputy City Clerk W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of the following measures that pertain to your department: Ordinance No. 32007-062094 Ordinance No. 32032-062094 Ordinance No. 32033-062094 Ordinance No. 32034-062094 Ordinance No. 32035-062094 Ordinance No. 32036-062094 Budget Ordinance No. 32058-062094 Resolution No. 32059-062094 Budget Ordinance No. 32060-062094 Budget Ordinance No. 32061-062094 Budget Ordinance No. 32062-062094 Budget Ordinance No. 32063-062094 Resolution No. 32064-062094 Budget Ordinance No. 32065-062094 Budget Ordinance No. 32066-062094 Budget Ordinance No. 32067-062094 Ordinance No. 32068-062094 Budget Ordinance No. 32069-062094 Resolution No. 32070-062094 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 20, 1994. If you have questions, please do not hesitate to call me. Sincerely, City Clerk MFP: sm Enc o MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk June 27, 1994 Wilburn C. Dibling, Jr. City Attorney Roanoke, Virginia Dear Mr. Dibling: I am attaching copy of the following measures that pertain to your department: Ordinance No. 32007-062094 Ordinance No. 32032-062094 Ordinance No. 32033-062094 Ordinance No. 32034-062094 Ordinance No. 32035-062094 Ordinance No. 32036-062094 Resolution No. 32059-062094 Resolution No. 32064-062094 Ordinance No. 32068-062094 Resolution No. 32070-062094 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 20, 1994. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W.. Room 456 Roanoke, Virginia 24011 Telephone: (703) 98 ! -2541 SANDRA H. EAKIN Deputy City Clerk June 27, 1994 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of the following measures that pertain to your department: Ordinance No. 32007-062094 Budget Ordinance No. 32058-062094 Resolution No. 32059-062094 Budget Ordinance No. 32060-062094 Budget Ordinance No. 32061-062094 Budget Ordinance No. 32062-062094 Budget Ordinance No. 32063-062094 Resolution No. 32064-062094 Budget Ordinance No. 32065-062094 Budget Ordinance No. 32066-062094 Budget Ordinance No. 32067-062094 Ordinance No. 32068-062094 Budget Ordinance No. 32069-062094 Resolution No. 32070-062094 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 20, 1994. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Eric. MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk June 27, 1994 Steven J. Talevi Assistant City Attorney Roanoke, Virginia Dear Mr. Talevi: I am attaching copy of the following measures that pertain to the City Attorney's Office: Ordinance No. 32032-062094 Ordinance No. 32033-062094 Ordinance No. 32034-062094 Ordinance No. 32035-062094 Ordinance No. 32036-062094 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 20, 1994. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Ene. MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk June 27, 1994 Charles A. Price, Jr., Chairperson City Planning Commission Roanoke, Virginia Dear Mr. Price: I am attaching copy of the following measures that pertain to the City Planning Commission: Ordinance No. 32032-062094 Ordinance No. 32033-062094 Ordinance No. 32034-062094 Ordinance No. 32035-062094 Ordinance No. 32036-062094 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 20, 1994. If you have questions, please do not hesitate to call me. Sincerely, CMC / AAE City Clerk MFP: sm Eno o pc: John R. Marlles, Agent, City Planning Commission Martha P. Franklin, Secretary, City Planning Commission MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke. Virginia 240l 1 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk June 27, 1994 Evelyn D. Dorsey Acting Zoning Administrator Roanoke, Virginia Dear Ms. Dorsey: I am attaching copy of the following measures that pertain to your department: Ordinance No. 32032-062094 Ordinance No. 32033-062094 Ordinance No. 32034-062094 Ordinance No. 32035-062094 Ordinance No. 32036-062094 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 20, 1994. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Ene. MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue. S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk June 27, 1994 Ronald H. Miller Building Commissioner Roanoke, Virginia Dear Mr. Miller: I am attaching copy of the following measures that pertain to your department: Ordinance No. 32032-062094 Ordinance No. 32033-062094 Ordinance No. 32034-062094 Ordinance No. 32035-062094 Ordinance No. 32036-062094 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 20, 1994. If you have questions, please do not hesitate to call me. Sincerely, ~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Eno. MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke. Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk June 27, 1994 Charles M. Huffine City Engineer Roanoke, Virginia Dear Mr. Huffine: I am attaching copy of the following measures that pertain to your department: Ordinance No. 32007-062094 Ordinance No. 32032-062094 Ordinance No. 32033-062094 Ordinance No. 32034-062094 Ordinance No. 32035-062094 Ordinance No. 32036-062094 Budget Ordinance No. 32061-062094 Budget Ordinance No. 32063-062094 Resolution No. 32064-062094 Budget Ordinance No. 32067-062094 Ordinance No. 32068-062094 Budget Ordinance No. 32069-062094 Resolution No. 32070-062094 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 20, 1994. If you have questions, please do not hesitate to call me. Sincerely,~ Pt~4-~-._ Mary F. Parker, CMC/AAE City Clerk MFP: sm Erie. MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 240 ! 1 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk June 27, 1994 Charles A. Harlow Acting Grants Monitoring Administrator Roanoke, Virginia Dear Mr. Harlow: I am attaching copy of the following measure that pertains to your department: Budget Ordinance No. 32058-062094 The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 20, 1994. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk June 27, 1994 Phillip F. Sparks Acting Chief Economic Development Roanoke, Virginia Dear Mr. Sparks: I am attaching copy of the following measures that pertain to your department: Ordinance No. 32007-062094 Budget Ordinance No. 32058-062094 Resolution No. 32059-062094 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 20, 1994. If you have questions, please do not hesitate to cail me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Eno. MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk June 27, 1994 The Honorable Arthur B. Crush, III Clerk of Circuit Court Roanoke, Virginia Dear Mr. Crush: I am attaching copy of the following measures that pertain to your department: Ordinance No. 32036-062094 Budget Ordinance No. 32060-062094 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 20, 1994. If you have questions, please do not hesitate to call me. Sincerely, ~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Sne o MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room ~-56 Roanoke, Virginia 24011 Telephone: (703) 981-25~-1 SANDRA H. EAKIN Deputy City Clerk June 27, 1994 The Honorable Donald S. Caldwell Commonwealth's Attorney Roanoke, Virginia Dear Mr. CaldwelI: I am attaching copy of the following measure that pertains to your department: Ordinance No. 32036-062094 The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 20, 1994. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Eno o MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue. S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Depuly City Clerk June 27, 1994 Patsy Bussey, Clerk Juvenile and Domestic Relations District Court Roanoke, Virginia Dear Ms. Bussey: I am attaching copy of the following measure that pertains to your department: Ordinance No. 32036-062094 The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 20, 1994. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W.. Room 456 Roanoke. Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk June 27, 1994 Ronald S. Albright, Clerk General District Court Roanoke, Virginia Dear Mr. Albright: I am attaching copy of the following measure that pertains to your department: Ordinance No. 32036-062094 The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 20, 1994. If you have questions, please do not hesitate to call me. Sincerely, ~ City Clerk MFP: sm Enc. MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue~ S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk June 27, 1994 Bobby D. Casey Office of the Magistrate Roanoke, Virginia Dear Mr. Casey: I am attaching copy of the following measure that pertains to your department: Ordinance No. 32036-062094 The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 20, 1994. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc o MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk June 27, 1994 Clayne M. Calhoun Law Librarian Roanoke, Virginia Dear Ms. Calhoun: I am attaching copy of the following measure that pertains to your department: Ordinance No. 32036-062094 The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 20, 1994. If you have questions, please do not hesitate to call me. Sincerely, ft~.~.~... Mary F. Parker, CMC/AAE City Clerk MFP: sm Eric. MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk June 27, 1994 John R. Marlles, Chief Planning and Community Development Roanoke, Virginia Dear Mr. Marlles: I am attaching copy of the following measure that pertains to your department: Ordinance No. 32007-062094 The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 20, 1994. If you have questions, please do not hesitate to call me. Sincerely, ~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Ene. MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk · June 27, 1994 Glenn D. Radcliffe, Director Human Development Roanoke, Virginia Dear Mr. Radcliffe: I am attaching copy of the following measures that pertain to your department: Budget Ordinance No. 32058-062094 Resolution No. 32059-062094 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 20, 1994. If you have questions, please do not hesitate to call me. Sincerely, CMC/AAE City Clerk MFP: sm Enc. MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk June 27, 1994 William F. Clark, Director Public Works Roanoke, Virginia Dear Mr. Clark: I am attaching copy of the following measures that pertain to your department: Ordinance No. 32007-062094 Ordinance No. 32032-062094 Ordinance No. 32033-062094 Ordinance No. 32034-062094 Ordinance No. 32035-062094 Ordinance No. 32036-062094 Budget Ordinance No. 32061-062094 Budget Ordinance No. 32062-062094 Budget Ordinance No. 32063-062094 Resolution No. 32064-062094 Budget Ordinance No. 32067-062094 Ordinance No. 32068-062094 Budget Ordinance No. 32069-062094 Resolution No. 32070-062094 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 20, 1994. If you have questions, please do not hesitate to call me. Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2401 l Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk June 27, 1994 Ellen S. Evans Cost Construction Clerk Roanoke, Virginia Dear Ms. Evans: I am attaching copy of the following measures that pertain to your department: Budget Ordinance No. 32061-062094 Budget Ordinance No. 32063-062094 Resolution No. 32064-062094 Budget Ordinance No. 32067-062094 Ordinance No. 32068-062094 Budget Ordinance No. 32069-062094 Resolution No. 32070-062094 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 20, 1994. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Eno. MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W. Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk June 27, 1994 Kit B. Kiser, Director Utilities and Operations Roanoke, Virginia Dear Mr. Kiser: I am attaching copy of the following measures that pertain to your department: Ordinance No. 32007-062094 Budget Ordinance No. 32061-062094 Budget Ordinance No. 32063-062094 Resolution No. 32064-062094 Budget Ordinance No. 32067-062094 Ordinance No. 32068-062094 Budget Ordinance No. 32069-062094 Resolution No. 32070-062094 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 20, 1994. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Erie. MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 4-56 Roanoke, Virginia 24011 Telephone: (703) 981-254 l SANDRA H. EAKIN Deputy City Clerk June 27, 1994 William L. Stuart, Manager Streets and Traffic Roanoke, Virginia Dear Mr. Stuart: I am attaching copy of the following measures that pertain to your department: Ordinance No. 32007-062094 Budget Ordinance No. 32062-062094 Budget Ordinance No. 32063-062094 Resolution No. 32064-062094 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 20, 1994. If you have questions, please do not hesitate to call me. Sincerely, Mar;'F~arker, CMC/AAE City Clerk MFP: sm Enc. pc: Robert K. Bengtson, Traffic Engineer MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2401 l Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk June 27, 1994 L. Bane Coburn Project Manager Roanoke, Virginia Dear Mr. Coburn: I am attaching copy of the following measures that pertain to your department: Budget Ordinance No. 32067-062094 Resolution No. 32068-062094 Budget Ordinance No. 32069-062094 Resolution No. 32070-062094 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 20, 1994. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk June 27, 1994 D. Darwin Roupe, Manager General Services Roanoke, Virginia Dear Mr. Roupe: I am attaching copy of the following measures that pertain to your department: Budget Ordinance No. 32063-062094 Resolution No. 32064-062094 Budget Ordinance No. 32067-062094 Ordinance No. 32068-062094 Budget Ordinance No. 32069-062094 Resolution No. 32070-062094 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 20, 1994. If you have questions, please do not hesitate to call me. Mary F. Parker, CMC/AAE City Clerk MFP: sm Ene. MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke~ Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk June 27, 1994 Nelson M. Jackson, Manager Building Maintenance and Custodial Services Roanoke, Virginia Dear Mr. Jackson: I am attaching copy of the following measures that pertain to your department: Budget Ordinance No. 32062-062094 Budget Ordinance No. 32067-062094 Ordinance No. 32068-062094 Budget Ordinance No. 32069-062094 Resolution No. 32070-062094 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 20, 1994. If you have questions, please do not hesitate to call me. Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue. S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk June 27, 1994 John W. Coates, Manager Parks, Recreation and Grounds Maintenance Roanoke, Virginia Dear Mr. Coates: I am attaching copy of the following measures that pertain to your department: Budget Ordinance No. 32069-062094 Resolution No. 32070-062094 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 20, 1994. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm mne. MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk June 27, 1994 Diane S. Akers Budget Administrator Office of Management and Budget Roanoke, Virginia Dear Ms. Akers: I am attaching copy of the following measures that pertain to your department: Ordinance No. 32007-062094 Budget Ordinance No. 32058-062094 Resolution No. 32059-062094 Budget Ordinance No. 32060-062094 Budget Ordinance No. 32061-062094 Budget Ordinance No. 32062-062094 Budget Ordinance No. 32063-062094 Resolution No. 32064-062094 Budget Ordinance No. 32065-062094 Budget Ordinance No. 32066-062094 Budget Ordinance No. 32067-062094 Ordinance No. 32068-062094 Budget Ordinance No. 32069-062094 Resolution No. 32070-062094 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 20, 1994. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk June 27, 1994 James A. McClung, Manager Fleet and Solid Waste Management Roanoke, Virginia Dear Mr. McClung: I am attaching copy of the following measure that pertains to your department: Budget Ordinance No. 32062-062094 The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 20, 1994. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Eric. MARY Fo PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue. S.W., Room 456 Roanoke, Virginia 2401 ! Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Ch" June 27, 1994 Willard N. Claytor Director of Real Estate Valuation Roanoke, Virginia Dear Mr. Claytor: I am attaching copy of the following measures that pertain to your department: Ordinance No. 32032-062094 Ordinance No. 32033-062094 Ordinance No. 32034-062094 Ordinance No. 32035-062094 Ordinance No. 32036-062094 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 20, 1994. If you have questions, please do not hesitate to call me. Sincerely Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. pc: Doris K. Layne, Account Technician, Real Estate Valuation MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk June 27, 1994 George C. Snead, Jr., Director Public Safety Roanoke, Virginia Dear Mr. Snead: I am attaching copy of the following measures that pertain to your directorate: Budget Ordinance No. 32063-062094 Resolution No. 32064-062094 Budget Ordinance No. 32067-062094 Ordinance No. 32068-062094 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 20, 1994. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Eno. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of June, 1994. No. 32056-062094. A RESOLUTION recognizing and service rendered to the City by the Member, Roanoke City Council. commending the meritorious Honorable Howard E. Musser, of City Council present, and Mr. 1994; WHEREAS, Mr. Musser citizens of the City of WHEREAS, the Honorable Howard E. Musser has served as a member for more than twelve years, from May 11, 1982, to Musser will retire from City Council on June 30, has always been held in high esteem by Roanoke as evidenced by his election as Vice-Mayor on three occasions by virtue of receiving the largest number of votes in the regular Councilmanic elections in 1982, 1986 and 1990; WHEREAS, Mr. Musser has served as Chairman of the Roanoke Regional Cable Television Committee for many years, and in this capacity, he was heavily involved in the negotiation of a new cable television franchise approved by City Council in 1991, which provided for greatly improved consumer protection, an increased franchise fee and substantial capital contributions from the City's cable television franchisee; WHEREAS, in 1989-1990, Mr. Musser sezved as a key member of the City's Consolidation Negotiating Team which negotiated a widely acclaimed consolidation agreement providing for an innovative new form of government which would have been the first of its kind in the Commonwealth; and WHEREAS, Mr. Musser has given unselfishly of his time and ability, also serving as Chairman of City Council's Personnel Committee, Chairman of the War Memorial Committee and Chairman of the Virginia Municipal League's Education Policy Committee, always displaying personal characteristics of honesty, integrity, friendliness, tenacity and responsiveness to the public; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the Council adopts this means of recognizing and commending the outstanding services rendered to this City and its people by the Honorable Howard E. Musser, Member, Roanoke City Council. ATTEST: City Clerk. IN THE COUNCIL OF THE CITY OF ROANOKE, The 20th day of June, 1994. No. 32057-062094. VIRGINIA, A RESOLUTION recognizing and commending the service rendered to the City by the Honorable James G. Member, Roanoke City Council. meritorious Harvey, II, WHEREAS, the Honorable James G. Harvey, II, faithfully served as a member of this City Council for twelve years, from July 1, 1980, to June 30, 1988, and from July 1, 1990, to June 30, 1994; WHEREAS, in the regular Councilmanic election held in May, 1984, Mr. Harvey received the largest number of votes cast and was thereby elected and served as Vice-Mayor from July 1, 1984, to June 30, 1986; WHEREAS, Mr. Harvey has given unselfishly of his time and ability, having served as Chairman of City Council's Audit Cormmittee, member of City Council's Water Resources Committee, member of City Council's ad hoc Housing Strategy Task Force and as Chairman of the Virginia Municipal League's Human Development Policy Committee; WHEREAS, on April 13, 1992, Mr. Harvey was appointed by City Council as a member of the Hotel Roanoke Conference Center Commission, a political subdivision of the Commonwealth, and he was subsequently elected Chairman of the Commission by its membership in which capacity he played an instrumental role in the renovation and redevelopment of the Hotel Roanoke and construction of a new publicly-owned conference center adjacent to the Hotel; and WHEREAS, in his public service, Mr. Harvey has always demonstrated a common sense approach to government and a keen interest in healthy neighborhoods, responsiveness of government to citizen concerns and keeping the cost of government as low as possible for citizens, and he has always displayed personal characteristics of honesty, integrity, sincerity, compassion, loyalty, fairness and friendliness; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the Council adopts this means of recognizing and commending the outstanding services rendered to this City and its people by the Honorable James G. Harvey, II, Member, Roanoke City Council. ATTEST: City Clerk. P. O. Box 494 Roanoke, Virginia 24003 (703) 981-2721 June 7,1994 Honorable Mayor & Members of City Council 215 W. Church Ave. SW Roanoke, VA 24011 Dear Mayor Bowers and Members of City Council: As you may be aware, the Roanoke City Shedff's Office was honored in 1991 by receiving national accreditation from the American Correctional Association. This recognition is shared by less than 10% of the jails nationwide. In order to be accreditated by the ACA, the Sheriff's Office had to comply with the ACA standards that covered every phase of its' operations which includes administration of the Shedffs Office, fiscal management, staff training, maintenance of records, security and control within the jail, health care, food services, and other programs and services. However, to maintain ACA accreditation, the Sheriff's Office must undergo an on-site re-accreditation audit by ACA auditors every 3 years. These audits are necessary to ensure we continue to comply with the ACA standards, including all updates or revisions to these standards which may occur each year. I am very proud to advise you that, during the week of March 25, 1994, a team of ACA auditors reviewed our operations again in great detail to ensure we should be re-accredited. As a result of this review by the ACA auditors, we received a compliance rating of 99.4% which represents one of the highest ratings ever for a jail in the United States. According to the auditors, very few jails in the United States, who receive accreditation, receive such a high rating. On May 31, 1994, officials from the American Correctional Association presented the findings of our audit to the ACA Accreditation Panel, who is responsible for granting re-accreditation. On Saturday, June 4, 1994, I traveled to New Odeans to respond to questions from the members of this panel in regards to our operations. On Sunday, June 5, 1994, I was formally presented the award for re-accreditation by the ACA. MAYOR BOWERS Page #2 I am extremely proud of the men and women of the Sheriff's Office because this award demonstrates their on-going efforts to maintain a highly professional operation and I felt you should be made aware of this. Furthermore, I would especially like to recognize the efforts and hard work of Captain Charles Poff and Sergeant Kenneth Gray, who were responsible for the planning and coordination of our efforts to receive this national accreditation. Also, due to Captain Poff's outstanding work in preparing us for the original audit in 1991 which resulted in our receiving one of the highest compliance ratings in the country at that time, he was honored by the American Correctional Association when they recognized his abilities and appointed him as a member of the ACA National Accreditation staff. As such, he has since audited many large correctional institutions across the country to determine if they comply with ACA standards and should receive accreditation. Finally, I would like to personally thank the Members of Roanoke City Council and the CityAdministration for the continuing support provided to the Sheriff's Office which has allowed us to continue to maintain our professional standing. Sincerely, W. Alvin Hudson Sheriff WAH/gm pc: W. Robert Herbert, City Manager George Snead, Director of Public Safety MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W.. Room 456 Roanoke, Virginia 2 ¢011 Telephone; (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk June 27, 1994 File #121-123-166-288 The Honorable William White, Sr., Chairperson ) William F. Clark ) Committee George C. Snead, Jr. ) Gentlemen: The following bids for asbestos removal at the former Datasafe, Inc., and former Miller, Morgan and Co., buildings located at 330 and 340 W. Campbell Avenue were opened and read before the Council of the City of Roanoke at a regular meeting held on Monday, June 20, 1994: BIDDER BASE BID HICO, Inc. WACO, Inc. $15,500.00 34,000.00 On motion, duly seconded and unanimously adopted, the bids were referred to you for tabulation, report and recommendation to Council. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm pc: Wilburn C. Dibling, Jr., City Attorney DAVID A. BOWERS Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 Church Avenue, S.W., Room 452 Roanoke, Virginia 24011-1594 Telephone: (703) 981-2444 June 20, 1994 The Honorable Members of the Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: I wish to request an Executive Session to discuss vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1- 344 (A)(1), Code of Virginia (1950), as amended. Sincerely, Mayor DAB: se MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 June 27, 1994 SANDRA H. EAKIN DeputyCityClerk File #40 Alton B. Prillaman, Secretary Roanoke City Electoral Board Roanoke, Virginia Dear Mr. Prillaman: Your communication transmitting a certified copy of the Abstract of Votes cast in the Democratic Primary Election held in the City of Roanoke on June 14, 1994, was before the Council of the City of Roanoke at a regular meeting held on Monday, June 20, 1994. On motion, duly seconded and unanimously adopted, the communication was received and filed. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm pc: Shelva S. Painter, Registrar June 15, '9~, ,i' ?! 1 ~ ? ~B.O~oke City Electoral Board 1994 Gilbert E. Butler, Jr., Chairman Charles T. Green, Vice Chairman Alton B. Prillaman, Secretary Mrs. Mary F. Parker City Clerk Room 454 Municipal Building Roanoke, VA 24011 Dear Mrs. Parker: Pursuant to Section 24.2-675 of the Virginia Election Laws, attached is a certified copy of the abstract of votes cast in the Democratic Primary Election held in the City of Roanoke on June 14, 1994. Yours very trul~ Alton B. Prillaman, Secretary Roanoke City Electoral Board ABP:bw/97 Attachment Room 109, Municipal North 215 Church Avenue, S.W., Roanoke, Virginia 24011 (703) 981-2281 Fax (703) 224-3025 P.O. Box 1095, Roanoke, Virginia 24005 ABSTRACT OF VOTES cast in the (~mlty/City of t~OANOKE Virginia, at the June 14, 1994 Democratic Primary Election, for: i~E. MBER UNITED STATES SENATE NANCY B. SPANNAUS VIRGIL H. G00DE, JR. CHARLES S. ROBB SYLVIA L. CLUTE (It FlOur,.) 67 2,205 3,731 367 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on June 14, 1994, do hereby certify that the above is a true and correct Abstract of Votes cast at said Democratic Party Primary Election for Member of the Senate in the Congress of the United States. Given under our hands this 15th day of June, 1994. Chairman Vice Chairman Secretary Secretary, Electoral Board Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, David Hill , do solemnly swear (or affirm) that I will support the Constitution of the United States, 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 Roanoke Arts Commission to fill the unexpired term of Elizabeth T. Bowles, resigned, ending June 30, 1995. according to the best of my ability. So help me God. Subscribed and swom to before me, this ~.~ day of AR'I-~R B. CI~USH, III, CLERK ' " ' 7 ' ' ' ' C, RK MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk June 27, 1994 File #15-110-304 Thomas H. Miller, Chairperson Youth Services Citizen Board 3429 Windsor Road, S. W. Roanoke, Virginia 24018 Dear Mr. Miller: This is to advise you that S. Elaina Duckett has qualified as a member of the Youth Services Citizen Board for a term of three years ending May 31, 1997. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Marion Vaughn-Howard, Youth Planner Sandra H. Eakin, Deputy City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: S. Elaina Duckett I, , do solemnly swear (or affirm) that I will support the Constitution of the United States, 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 Youth Services Citizen Board for a term of three years ending May 31, 1997. according to the best of my ability. So help me God. Subscribed and sworn to before me, this - ,.~ day of ARTHUR B. CRU~LERK 19 BY EPUTYCLERK Roanoke, Virginia June 20, 1994 Honorable Mayor and Members of City Council Roanoke, Virginia Re: Reauest for Executive Session Dear Mrs. Bowles and Gentlemen: This is to request that City Council convene in Executive Session to discuss disposition of publicly held property in connection with the location of a prospective business when no previous announcement has been made of the business' interest in locating in the community, specifically the possible conveyance of an interest in land for economic development purposes, pursuant to Section 2.1-344(A)(3) and Section 2.1-344(A)(5), Code of Virginia (1950), as amended. Very truly yours, W. Robert Herbert City Manager WRH/KMK CC: Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Phillip F. Sparks, Acting Chief, Economic Development Mary F. Parker, City Clerk Roanoke, Virginia June 20, 1994 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Please reserve space on Council's agenda on Monday, June 20, 1994, for a Briefing on Youth Summit. Respectfully submitted, W. Robert Herbert City Manager WRH/hw cc: City Attorney Director of Finance Public Safety Director 1994 Youth Summit Programs Summary D.A.R.E. Camp Presented by Police Department's D.A.R.E. Program D A R E Camp is a four-day outdoor program for successful graduates of the in-school D.A.R.E. program through Roanoke City schools. Campers build on the care lessons taught during school, with the desired goal o[improved se f-esteem, increased ablity to resist peer pressure, and better decision-m, aking skills. In short this program offers pos t ve alternatives to drug use to young people. This summer s D.A.R.E. Camp will utilize the 4-H Center in Wertz Virginia, during the second half of August. Approximately 300 young people, many from "at-risk" neighborhoods, will be participating. Summer Jobs & Internships Presented by Office on Youth The Job Training Camp offers approximately t 20 youth (ages 12-17) the oppor~nity to learn about the world of work through c assroom training, career exploration and job-hunting exercises. Participants are g yen skills in the areas of resume construction, public speaking, attitude adjustment and goal setting. Parents are involved, as are community leaders who provide classroom instruction and mentoring activ ties. The Summer nternship Proflram is for older teens who are in high school and college. This program prov des va uab e work experience~y way of internships in various municipal departments. Each intern works 20 hours per week at $5 per hour, and the program will serve approximately 11 youth. Adventures in the Park Presen ed by Parks & Recreation Th s summer camp for children (ages 6-12) is held in eight parks throughout the city. "Adventures..." is a half-day program, running from 8:30am until noon each weekday. Each site is supervised by trained leaders and assistants, with daily opportunities for games, arts & crafts, sports and other recreational activities. Nearly 700 youth participated in 1993. Teen Special Events Presented by Parks & Recreation Eigfit special swimming pool parties are scheduled for teenagers this summer to offer them positive experiences which are alcohol-and-drug free. More than 300 youth are anticipated at each event, which are held at Washington Park and Fa on Par~ swimming pools. Success in the area of teen programs has come from recognizing the difference betweenyoung teens (ages 11-13) and older teens (ages 14-18). These pool parties are targeted to meet the needs of both age ranges. Stars Come Out at Night Presented by Parks & Recreation This program runs each weeknight from 7:001~.m.--10:00p.m. at six neighborhood parks. By offering teens between the ages of 12-17 a supervised park ,,p, rogram,, at night, we are giving them alternatives to being on the streets with no direction. Each Stars... site is supervised, ancl offers both athletic and non-atl~letic recreational activity to participants. One night of the week features a trip to the pool, which is also very popular. Nearly 600 teens participated in 1993. Midnight Basketball Presented by. Parks & Recreation, in cooperation with YMCA of Roanoke Va/ley Midnight Basketball is new this summer modeled after some very successful late-night programs in Baltimore, Los Angeles and other metropolitan areas. Held in the gymnasium of the Jefferson Center, Midnight Basketball will target young odu ts, ages 18-23, with a structured, supervised nightly athle,,tic prog,r, am between the hours of 11:00 p.m and 2:00 a.m. One feature of the program is a weekly llfe- sk s n ght where participants will meet persons ~'om community agencies such as the Health De[~artment, Social Services and the Housing Authority. These weekly top cs will include AIDS awareness, fisca~ responsibility and more. DARE CAMP Roanoke Police Department Written by the DAI~E Camp Committee PHILOSOPHY: During the summer of 1994, Roanoke city will offer a unique opportunity for some of its inner-city rising sixth-graders. This opportunity will be for them to attend a DARE Camp, which will expand upon the foundation established by the fifth grade DARE core lessons. Some of the foundations established by the core lessons are self-esteem, decision-making skills, resisting pressures, and alternatives to drug use. GOALS: The goals of DARE Camp are to provide quality life experience for DARE students that emphasize building self-esteem, confidence, team- building skills and developing respect for one's self, peers and family. OBJECTIVES: At the end of each day of the camp, campers and staff will come together in a campfire setting. This will be in an effort to communicate what they have learned that day about themselves and about being a positive influence at their schools, in their neighborhoods, and with family and friends. Staff members will help campers to relate DARE lessons with what they have learned. Parents will be invited and encouraged to attend a cook-out and culmination of activities. This will enable staff and campers an opportunity to share with parents some of the experiences of the camp. By the end of camp, each camper will have participated in several events each day that enhance self-esteem, positive communication, fun alternatives to drug use, trust in other campers and staff and teamwork skills. HISTORY: In 1992 we held our first DARE Camp. This consisted of one two-day camp serving a total of 49 children. The facilities of the city Parks & Recreation Department were used for the camp activities. This was a success, but the need to expand was seen by all those involved. In 1993, the DARE Camp was expanded to four sessions of four-day programming, serving a total of 96 children. The activities were held in multiple locations including Jefferson National Forest, Smith Mountain Lake, Hollins College and the New River. Utilizing different locations enabled the campers to experience places and things they may not have otherwise experienced. The drawback, however, was that this resulted in numerous hours of bus travel. DARE Camp (continued) TARGET FOR 1994: The 1994 DARE Camp will be held at the 4-H Center located in Wertz, Virginia, on Smith Mountain Lake. The camp will be two four-day/three- night sessions, beginning August 21 through August 24 for the first session, and August 29 through September 1 for the second session. We are planning to take 150 children to camp each session, for a total of 300 children attending DARE Camp this summer. The DARE officer and the fifth grade teacher will participate together in the selection process at each school, in order to select the students who will best benefit from the DARE Camp. Budget: The cost of DARE Camp in 1994 will be $30,495. Conclusion: The 4~H Center was chosen because of the need and desire to expand the DARE Camp and their ability to furnish everything needed for this expansion. The 4-H Center will provide linens, towels, etc., along with food, snacks, refreshments and supplies for all activities. The 4-H Center will employ counselors and will have adult volunteers and teen mentors. Ail of this is included in the price. JOB TRAINING CAMP & YOUTH INTERNSHIPS OFFICE ON YOUTH PHILOSOPHY The Roanoke City Office on Youth will coordinate the Job Training Camp and Internship Program. The Training Camp will provide opportunities for 120 youth, ages 12-15 years old, to learn about the world of work through classroom training which includes, however not limited to: role playing, speakers, career exploration, writing of resumes, goal settings, leadership skills training and enhancement, public speaking and attitude adjustment. The Internship Program will provide opportunities for 11 high school and college students to have on-the-job training working within the city government as summer interns. The interns will be placed in offices and departments throughout the city. They will receive valuable first-hand knowledge and work ethics from regular city employees. GOALS · To provide an opportunity for 120 youth, ages 12 to 15 to receive employment enhance~nent activities, work ethics and attitude adjustment skills through a series of eight (8) life skill activities. · To provide internship placements for 11 Roanoke City high school and college students with Roanoke City government's full-time employees to encourage the development of interpersonal skills, work ethics and self-esteem building through first-hand, on-the-job experience for at least 25 to 30 hours a week for 10 weeks during the summer. HISTORY The Job Training Camp and Youth Internship Program operated during the summer of 1993 as one of the Youth Summit programs and was coordinated by the Office on Youth. The training camp provided opportunities for youth ages 12-15 to learn about the world of work through classroom training which included but was not limited to: role playing, speakers, career exploration, writing of resumes, goal setting, leadership enhancement, public speaking and attitude adjustment. The summer 1993 training camp funds were limited to 40 youth and two sessions, however, the demand was so great that the creative thinking and the support from an outstanding college staff, a third session was added, allowing a total of 62 youth to benefit from this program. (The college staff consisted of all Roanoke City high school graduates.) An important segment of this program was the parental involvement and the community volunteers. Parents were responsible for transportation, snack and/or lunch money, and materials. Community volunteers provided classroom tutoring and mentoring activities. Because of this program, more youth were involved in positive activities last summer who otherwise would not have "anything to do". Misdemeanor crimes were down during this eight week period. It was noted by one school resource officer that the crime of bike stealing was down because one of the main offenders was attending this program. JOBS & INTERNSHIPS (CONTINUED) TARGET FOR THIS YEAR 1994 Program Dates: June 20th to August 19, 1994 Ages: Job Training Camp: 12 - 15 years old Internship Program: 15 - 21 years old Numbers of Participants: Times: Job Training Camp: 120 Internship Program: 11 Job Training Camp - 8:30 a.m. and 5:00 p.m. There will be a total of six (6) three (3) hour sessions offered. Location: National Guard Armory BUDGET The cost of the Jobs & Internship Program in 1994 will be $37,000. ONGOING PROGRAMS Ongoing programs depend on if funding is available. CONCLUSION Roanoke City has made a commitment to providing constructive opportunities for its youth. One such opportunity is the Summer Internship Program which has been targeted toward high school and college students seeking summer employment. This program plays a valuable part in filling the void that students are faced with following the conclusion of the school year, not being able to find summer jobs. Although these steps have been taken, there still is a tremendous need for more employment, volunteers, and internship opportunities. Hopefully, more youth will again have this positive experience during the summer of 1994, even though the FOCUS funds will not be available this year. EVALUATION Program success for the Job Training Camp will be measured by: 1) Pre/Post Tests 2) Program evaluation form by participants 3) Written evaluation from instructors and objective observers Program success for the Internship Program will be measured by: 1) Pre/Post Test of City Government 2) Program evaluation form completed by city employees who will be supervising the intern ADVENTURES IN THE PARK PARKS & RECREATION DEPARTMENT PHILOSOPHY: This program is designed to offer youth under 12 the opportunity to gain in social skills, improve in self image and expand their recreational experiences through participation in a variety of activities. GOALS: · Involve each participant with structured activities using Playground Specialist in areas of arts ~n crafts, group games and environmental programs and education. · To expose each participant to an aquatic setting and provide them with skills for aquatic safety in a variety of situations. · Involve each participant in planning recreational opportunities during structured free time activities. · For each participant to leave the playground with the ability to plan for their own leisure time activities. HISTORY: In April, 1992, representatives from agencies, area religious congregations, minority leaders and interested citizens were invited by the Director of Public Safety to participate in a process to identify resources and needs for youth in the City during the summer months. It was seen that there was a need to provide activities within the City parks for youth under 12 during summer break. The Adventures in the Park program was established through this concept. This program started in 1992 at four parks for four weeks after a very short planning stage. However, during that time 325 youths were served. In 1993 we expanded to eight parks; four went for six weeks and four for seven weeks because of their success. The program doubled the number of youth we were able to serve and exhibited the need for an additional week for all sites. This program has also played an important role in providing employment opportunities for college and high school students as well as professionals seeking summer jobs. ADVENTURES IN THE PARK (CONTINUED) TARGET FOR THIS YEAR Program Dates: Ages: Times: Locations: June 27 ~ August 19 6~12 years of age 8:30am - Noon Fallon, Highland, Eureka, Jackson, Melrose, Strauss, Preston and Raleigh Court BUDGET The cost of Adventures in the Park in 1994 will be $45,000. ONGOING PROGRAMS FOR THE REMAINDER OF THE YEAR After School Programs at Grandin Court, Buena Vista and Villa Heights for the Fall. In the winter quarter Preston will be added as an additional site. CONCLUSION This summer we have made changes in the program structure, the staffing structure and some of the park locations. We will be eliminating one of the assistants positions from each park and using that money to provide three specialist to program throughout the summer. By having personnel that are specifically trained in a variety of areas we will be able to offer the children opportunities that might not exist otherwise. We will be moving two of our park sites this summer. Due to the lack of attendance and other conflicting programs in some of the areas we will not offer ~'Adventures in the Park'~ at I~Iurt Park, Thrasher Park or Loudon Park. However, we will move to Fallon Park, Melrose Park and Strauss Park. TEEN SPECIAL EVENTS PARKS & RECREATION DEPARTMENT PHILOSOPHY This program is designed to offer youth activities in a drug and alcohol free environment during evening hours. By providing these activities, city agencies, local businesses and community members are given the opportunity to show youth that we have a commitment to their needs. GOALS · To offer five pool parties at Fallon and Washington for young adults 14-18 years of age and to have three pool parties for teens 11~13 years of age. · To have a drug and alcohol free environment for young adults to have leisure opportunities. · To utilize various City agencies, local area businesses and other agencies in providing concessions, awards, volunteers and other services. HISTORY In April 1992, representatives from agencies, area religious congregations, minority leaders and interested citizens were invited by the Director of Public Safety to participate in a process to identify resources and needs for youth in the City during the summer months. Teens Special Events was one of the four main areas of concern addressed by this original committee. It was recommended that weekend dances be implemented for those 16~20 years old. After offering dances at a variety of locations in 1992, it was evaluated that the Pool Parties were the most successful. The age group we are now serving has been altered to 14~18 to serve the youth who are at a higher risk during the later evening hours. TEEN SPECIAL EVENTS (CONTINUED) TARGET FOR 1994 MIDDLE SCHOOL EVENTS TEENS EVENTS (14-18) June 15 6-Spin Fallon July 20 8-1Opm Washington August 17 8-10pm Fallon June 17 9pm-12am Fallon July 8 9pm-12am Washington July 29 9pm-12am Fallon Aug. 12 9pm-12am Washington Aug. 27 9pm-12am Fallon BUDGET The cost of Teen Special Events in 1994 will be $18,000. ONGOING PROGRAMS FOR REMAINDER OF YEAR More special events including Sports Trips and other special events for these two age groups Outdoor Adventure Programming including activities such as: caving, rock-climbing and other adventure based programs. cONcLUSION This summer we have increased the number of events to eight. Three of events will provide a recreational opportunity for youth specifically in the sixth-eighth grades. This need has been demonstrated as a result of several '*experimental'~ Middle School Pool Parties last year. This opportunity to serve a larger population of our City's youth. There will be five events planned for the older teens. After last years success we look forward to serving 350 plus per event. We have established rain dates for all events so that opportunities are not eliminated for any reason. STARS COME OUT AT NIGHT PARKS & RECREATION DEPARTMENT PHILOSOPHY: This program is designed to offer youth 12-17 a positive recreational opportunities in a safe, structured environment as an alternative to the negative situations that appear on the streets. GOALS: · To offer structured athletic and non-athletic activities for participants during evening hours at various City parks. · To provide City youths during summer months, alternatives to being on the streets. · To help participants develop a positive image of themselves and their community through team building activities. HISTORY: The Stars Come Out at Night started due to the concerns of many communities members and Police Officers about the large number of youth '~hanging out~ during the evenings of summer months. This pilot program was developed I year prior to the established Youth Summit programs in 1991. However the program was immediately adopted by the Youth Summit members because it also served a need for one of the targeted population groups. The Stars program started at three park sites for four weeks in 1991 and served roughly 300. Last year the program served approximately 600 youth at 6 park locations over a seven week time frame. After last summers evaluation it was apparent that an eight week program was needed and that six sites with some minor changes would serve the necessary population groups. This program has also played an important role in providing employment opportunities of college and high school students as well as professionals seeking a summer job. STARS COME OUT AT NIGHT (CONTINUED) TARGET FOR 1994 Program Dates: Ages: Times: Locations: June 27 - August 19 12-17 years of age 7pm-lOpm Villa Heights, Washington, Raleigh Court, Jackson, Strauss and Preston BUDGET The cost of Stars Come Out at Night in 1994 will be $41,000. ONGOING PROGRAMS FOR REMAINDER OF THE YEAR 1. Youth Triathlon 2. Sports Competitions i.e. Basketball Shooting Contests 3. In-Line Hockey League (some of the start up costs) CONCLUSION This program has served the initial need of providing recreational opportunities for youth during the evenings of summer months. At some of the park sites last year attendance was low and we feel that be changing locations we will better serve different areas of the community. With program changes occurring and implementation of new concepts the Stars Come Out At Night program proves to once again be a positive activity for youth during the summer. MIDNIGHT BASKETBALL PARKS & RECREATION DEPARTMENT PHILOSOPHY The intent of this program is to provide recreational basketball for young adults 18~23 years old in a structured supervised environment. It has become apparent that there is a need for a program during the hours of 11:00pm and 2:00am when young adults have discretionary time on their hands. By providing this program we are developing positive examples for them to carry into the community. GOALS · To provide a structured recreational basketball program three nights a week for young adults 18m23 years of age. · To provide a recreational basketball program in a safe supervised environment. Leadership by recreation staff, YMCA, and police officers will aid participants in planning positive recreational alternatives during their time away from the program. Provide '~life skills~' one night a week. This part of the program would be required for each participant to attend, it would last approximately 20 minutes. Examples of topics that would be covered would be aids awareness, fiscal responsibility, possibly speakers from the community. This part of the program would entail some help from City organizations such as the Health department, social services, and the housing authority. HISTORY This program was developed through a partnership with the YMCA and the Parks and Recreation department. Both organizations identified a need for a supervised basketball program during late evening and early morning hours. After reviewing programs of a similar nature in other localities it is believed that such a program could be beneficial in Roanoke City. MIDNIGHT BASKETBALL (CONTINUED) TARGET FOR THIS YEAR 1994 Program Dates: Ages: Times: Location: July 14 - August 27, 1994 18-23 1 lpm-2am Jefferson Gym BUDGET The funding of Midnight Basketball in 1994 will be $10,000. CONCLUSION This concept of providing structured recreational basketball as a means to detour young adults has worked well in other large cities. We feel that the time is right to provide this program for young adults in Roanoke City. The funding for this program will hopefully allow us to determine the needs of young adults in this community. Through constant evaluation of daily and weekly participation reports by the YMCA and Parks and Recreation staff, we hope to be able to adjust to those needs as they occur. MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-254 ! SANDRA H. EAKIN Deputy City Clerk June 27, 1994 File #226-236-247-360-405 Theodore J. Edlich, III Executive Director Total Action Against Poverty 145 Campbell Avenue, S. W. Roanoke, Virginia 24011 Dear Mr. Edlich: I am enclosing copy of Resolution No. 32059-062094 authorizing execution of an amendment to the City's contract with Total Action Against Poverty to provide for additional consulting services for the Hotel Roanoke and Conference Center project. Resolution No. 32059-062094 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 20, 1994. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Erie. pc: Brian J. Wishneff, Acting Director, Hotel Roanoke Conference Center, 111 Franklin Plaza, Suite 230, Roanoke, Virginia 24011 Alvin L. Nash, Small Business/Minority Contracting Coordinator, Hotel Roanoke Conference Center, 111 Franklin Plaza, Suite 230, Roanoke, Virginia 24011 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of June, 1994. No. 32059-062094. A RESOLUTION authorizing the execution of Amendment Number 1 to the City's Contract with Total Action Against Poverty (TAP), for additional consulting services relating to the Hotel Roanoke and Conference Center project. BE IT RESOLVED by the Council for the City of Roanoke that the City Manager or the Assistant 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, an amendment to the City's Contract with Total Action Against Poverty (TAP), in order to provide additional consulting services for the Hotel Roanoke and Conference Center project, as more particularly set forth in the report to this Council dated June 20, 1994. ATTEST: City Clerk. IN THE COUNCIL OF THE CITY OF ROANOKEt The 20th day of June, 1994. No. 32058-062094. VIRGINIA AN ORDINANCE to amend and reordain certain sections of the 1993-94 Grant Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal City of Roanoke, an emergency is declared to Government of the exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain,/sections of the 1993-94 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: &mmromriations Community Development Block Grant 1992-93 City Administration (1) ............................ Economic Development (2) ........................... Community Development Block Grant 1993-94 City Administration (3) ............................ Economic Development (4) ........................... $2,452,379 144,363 971,493 2,683,596 171,837 958,888 1) Hotel Roanoke/ MBE 2) Hotel Roanoke/ 108 Interest 3) Hotel Roanoke/ MBE 4) Hotel Roanoke/ 108 Interest (035-092-9215-5010) $ 13,270 (035-092-9230-5135) (13,270) (035-093-9315-5010) 3,998 (035-093-9330-5135) (3,998) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Roanoke, Virginia '.~Une 20, 1994 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: SUBJECT: Amendment No. 1 to the CDBG Contract for Services with Total Action Against Poverty (TAP). I. Back~round: Contract for Services with TAP for Alvin Nash to act as Small Business/Minority Contracting Coordinator to the Hotel Roanoke and the Conference Center was approved by City Council on April 17, 1993 by Resolution No. 31417-041793. B. Contract was originally executed for the time period of May 1, 1993 through October 30, 1993. C. $3.4 million or 15% of project cost has been awarded to local minority and women-owned businesses. II. Current Situation: A. Contract period extended from October 30, 1993 until March 30, 1994 at the direction of the City Manager. B. Services provided by the Consultant were completed as of March 30, 1994. Amendment to the CDBG Agreement with TAP is necessary to cover this extended time period and to increase the contract amount from $30,942 to $51,639 to cover the additional costs for the Consultant's salary, fringes and other needed expenditures. III. Issues: A. Cost to the City B. Fundin~ C. Timing D. Compliance with applicable regulations IV. Alternatives: A. Authorize the City Manager to execute the attached CDBG contract amendment with TAP. Cost to the City will be an additional $20,697.00 in CDBG funds for services rendered. Funding is available for transfer in the amount of $13,270 from Account No. 035-092-9230-5135 and $3,998 from Account No. 035-093-9330-5135. Additionally, $3,429 is available in Account No. 035-092-9215-5010 which is the account the initial payment for services was paid. Timing is important. This amendment needs to be executed prior to the conclusion of the 1993-1994 CDBG funding year. Compliance with the applicable regulations is assured through contract review and project monitoring by the City's Office of Grants Compliance. Do not authorize the City Manager to execute the CDBG contract amendment with TAP and to transfer the needed funds. 1. Cost to the City will be nothing. Funding would not be expended, however, the financial obligation for the services provided will not be satisfied. 3. Timing would not be an issue. Compliance with applicable regulations would continue to be assured through monitoring by the Office of Grants Compliance. Recommendation: It is recommended that City Council concur in Alternative "A" and authorize the City Manager to: Execute the attached CDBG contract amendment with TAP. Transfer $13,270 in CDBG Account No. 035-092-9230- 5135 to CDBG Account No. 035-092-9215-5010 and transfer $3,998 from CDBG Account No. 035-093-9330- 5135 to CDBG Account No. 035-093-9315-5010. Respectfully submitted, W. Robert Herbert City Manager WRH/cah Attachments cc: Assistant City Manager City Attorney Director of Finance Acting Grants Monitoring Administrator Executive Director - TAP Amendment No. 1 to 1993-94 Contract for Services THIS AMENDMENT, entered into this day of 1994 by and between the CITY OF ROANOKE (Grantee) and Total Action Against Poverty (TAP) (Consultant). WHEREAS, the Grantee and the Consultant have, by a Contract for Services under the CDBG program, dated May 3, 1993, contracted for the provision of certain services by the Consultant in relation to the implementation of the City's participation of qualified local and minority contractors during construction. WHEREAS, the contract needs to be extended from May 1, 1993 through March 30, 1994. NOW, THEREFORE, the Grantee and the Consultant do mutually agree to amend: Part 2, to read as follows: TIME OF PERFORMANCE: This Agreement shall be for the period of May 1, 1993 through March 30, 1994, totalling approximately ten (10) months. Agreement may be reduced or extended with the written consent of both parties. During this period, the Consultant, Alvin L. Nash, shall work regular 40 hour work weeks. Part 3, to read as follows: FEES: TAP shall be reimbursed monthly for direct costs per itemized invoice based on hourly rates for salary, fringe benefits and appropriated taxes. Actual travel and miscellaneous expenses shall be reimbursed on a direct cost basis. The total of all approved expenditures shall not exceed a total of $51,639.00 unless agreed upon by both parties in writing beforehand. Office space, office supplies, telephone and clerical assistance will be the responsibility of the City of Roanoke. IN WITNESS WHEREOF, the Grantee and Consultant have executed this amendment as of the date first written above. ATTEST: CITY OF ROANOKE By Mary F. Parker, City Clerk W. Robert Herbert, City Manager ATTEST: APPROVED AS TO FORM City Attorney APPROVED AS TO EXECUTION By Theodore J. Edlich, III Executive Director Total Action Against Poverty, TAP APPROVED AS TO CDBG ELIGIBILITY Grants Compliance APPROVED AS TO FUNDS AVAILABLE City Attorney Director of Finance Account No. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA 1994-95 emergency. WHEREAS, Government of the exist. The 20th day of June, 1994. No. 32060-062094. AN ORDINANCE to amend and reordain certain sections of the General Fund Appropriations, and providing for an for the usual daily operation of the Municipal City of Roanoke, an emergency is declared to THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1994-95 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: ADDroDrlations Judicial Administration $ 3,684,764 Clerk of Circuit Court (1-6) ...................... 832,618 Circuit Court (7-13) .............................. 183,220 Revenue Charges for Services (14) ........................... $ 4,176,928 1) Regular Employee Salaries 2) City Retirement 3) FICA 4) Hospitalization Insurance 5) Dental Insurance 6) Life Insurance 7) Regular Employee Salaries 8) City Retirement 9) FICA 10) Hospitalization Insurance 11) Dental Insurance (001-028-2111-1002) $ 18,618 (001-028-2111-1002) 2,294 (001-028-2111-1120) 1,424 (001-028-2111-1125) 2,220 (001-028-2111-1126) 98 (001-028-2111-1130) 65 (001-072-2110-1125) 2,220 (001-072-2110-1126) 98 (001-072-2110-1002) 26,332 (001-072-2110-1105) 3,244 (001-072-2110-1120) 2,014 12) Life Insurance 13) Reimbursements 14) Circuit Court Clerk Fees (001-072-2110-1130) $ 92 (001-072-2110-8005) (17,680) (001-020-1234-0815) 41,039 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. CITY ' '94 :~' ,- June20, 1994 . ,~, 15 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Staffing Needs Due to Additional Circuit Court Judgeship I. Background General Assembly approved the addition of Circuit Court Judges during the 1994-95 budget session. The Twenty-Third Judicial District, which covers Roanoke City, Roanoke County and Salem City was allocated one additional Circuit Judgeship. II. Current Situation Each Circuit Court Judge has one secreta[y who is responsible for the administrative duties of each judge. At present, no position is available for the new Circuit Court Judge. The cost of judicial secretaries is allocated among Roanoke City (48%), Roanoke County (40%) and Salem (12%), based on population. With an additional court in session, a Deputy Clerk position will be required to attend court whenever the judge is sitting. Current staffing levels do not allow this to be accomplished using existing personnel. ~I. Issues A. Staffing Requirements B. Timing C. Funding IV. Alternatives City Council authorize the Director of Finance to increase Circuit Court Clerk Fee revenues by $41,039 (revenue account 001-020-1234- 0815) and appropriate funding as shown below for (1) additional Judicial Secretary and (1) additional Deputy Clerk in the Clerk of Circuit Court's office. Circuit Court Regular Employee Salaries $26,332 FICA 2,014 Retiremem 3,244 Life Insurance 92 Health Insurance 2,220 Dental Insurance 98 Recovered Costs (Roanoke County (40%) and Salem (12%) Clerk of Circuit Court $18,618 1,424 2,294 65 2,220 98 (17,680) $16,320 $24,719 Total $41~039 Staffing Requirements will be met with the addition of a Judicial Secretary and a Deputy Clerk in the Clerk of Circuit Court's office. Funding Availability - Funding for these new positions will be provided through fees generated as a result of an additional court is session. Timing - This alternative will allow for staffto be in place when the new Circuit Court Judge begins on July 1. Do not authorize the Director of Finance to increase Circuit Court Clerk Fee revenues by $41,039 (revenue account 001-020-1234- 0815) and do not appropriate funding for (1) additional Judicial Secretary and (1) additional Deputy Clerk in the Clerk of Circuit's office. Staffing Requirements will not be met and an additional Judicial Secretary and Clerk will still be needed. 2. Funding Availability will not be an issue. 3. Timing - This alternative will not allow for staff to be in place when the new Circuit Court Judge begins on July 1. Recommendation City Council concur in Alternative A, and authorize the Director of Finance to increase Circuit Court Clerk Fee revenues by $41,039 (revenue account 001-020-1234-0815) and appropriate funding as shown below for (1) additional Judicial Secretary and (1) additional Deputy Clerk in the Clerk of Circuit Court's office. Circuit Court Regular Employee Salaries $26,332 FICA 2,014 Retirement 3,244 Life Insurance 92 Health Insurance 2,220 Dental Insurance 98 Recovered Costs (Roanoke County (40%) and Salem (12%) Total Clerk of Circuit Court $18,618 1,424 2,294 65 2,220 98 (17,680) $16,320 $24,719 $41~039 fully Submitted, W. Robert Herbert City Manager CCZ James D. Grisso, Director of Finance Wilburn C. Dibling, Jr., City Attorney James D. Ritchie, Assistant City Manager Honorable Roy B. Willett, Circuit Court Diane S. Akers, Budget Administrator IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of June, 1994. No. 32061-062094. AN ORDINANCE to amend and reordain certain sections of the 1993-94 Capital Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. Roanoke THEREFORE, BE IT ORDAINED by the that certain sections of the Council of the City of 1993-94 Capital Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: ~ons Capital Improvement Reserve Capital Improvement Reserve 1) Streets and Bridges (1) ................ (008-052-9575-9181) $ 57,915 $ 2,692,185 377,160 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Roanoke, June 20, Virginia 1994 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of City Council: SUBJECT: TRANSFER OF BRIDGE MAINTENANCE PROGRAM FUNDING FOR USE IN FY94-95 BRIDGE MAINTENANCE I. Background: Ce $57~915 exists in account number 001-004-9310-9508, Transfers to Capital Projects Fund, designated for the Bridge Maintenance Program. Hollins Road Bridge over Lick Run (#8061) was scheduled for repairs, and bids were received on May 9, 1994 to make the repairs. Unfortunately, the low bid exceeded our budget, so we attempted to negotiate a cost reduction. Our negotiations fell short of success, and we were forced to reject the bid, modify the project, and readvertise in January, 1995. It is imperative that the $57,915 be transferred to the Capital Improvement Reserve - Street and Bridges account so the funds will continue to be available for this essential program. II. Issues in Order of Importance: A. Continuation of Bridge Maintenance Proqram B. Retention of funding for use in FY94-95 C. Bridge Maintenance Schedul~ III. Alternatives: Appropriate $57,915 from existing funding in account #001-004-9310-9508, Transfer to Capital Projects Fund, to account #008-052-9575-9181, Capital Reserve Account Streets and Bridges. 1. Continuation of Bridqe Maintenance Progra.. will not be interrupted. 2. Retention of fundinq for use in FY94-95 will be ensured. Honorable Mayor and Members of City Council TRANSFER OF BRIDGE MAINTENANCE PROGRAM FUNDING FOR USE IN FY94-95 BRIDGE MAINTENANCE Page 2 June 20, 1994 3. Bridge Maintenance Schedul~ will be positively impacted. Disapprove transfer requested. 1. Continuation of Bridge Maintenance Program will be adversely affected. 2. Retention of funding for FY94-95 will not be accomplished. 3. Bridge Maintenance Schedul~ will be negatively impacted. IV. Recommendation is that City Council take the following action: A. Approve implementation of Alternative "A". Appropriate $57,915 #008-052-9575-9181, and Bridges. to Capital Projects Fund account Capital Reserve Account - Streets Respectfully submitted, W. Robert Herbert City Manager WRH/CMH/kh cc: City Attorney Director of Finance Director of Public Works Director of Utilities and Operations Assistant to City Manager for Community Relations City Engineer Construction Cost Technician Accountant, Contracts and Fixed Assets Manager, Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of June, 1994. No. 32062-062094. AN ORDINANCE to amend and reordain certain sections of the 1993-94 General Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1993-94 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: &ppropriations Public Works Streets and Traffic (1-3) ........................ Snow Removal (4) ................................. Street Lighting (5) .............................. Recycling (6) ......... Building Maintenance i~i~ii~.~iii~~i Solid Waste Management (8-9) ..................... 1) Motor Fuel and Lubricants 2) Project Supplies 3) Maintenance of Infrastructures 4) Chemicals 5) Electric 6) Fees for Professional Services 7) Maintenance 3rd Party Contract 8) Fees for Professional Services 9) Equipment Rental/ Lease (001-052-4110-2038) (001-052-4110-3005) $(13,000) (10,000) (001-052-4110-3055) ( 9,000) (001-052-4140-2045) ( 3,000) (001-052-4150-2022) (23,000) (001-052-4211-2010) 001-052-4330-3056) 001-052-4210-2010) 001-052-4210-3070) ( 75,000) ( 20,000) 126,000 27,000 $ 20,609 2,131 294 863 351 2,983 4,372 581 935 178 139 345 119 186 BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: this City Clerk. Roanoke, Virginia June 20, 1994 Honorable David A. Bowers, Mayor and Members of Council Roanoke, Virginia Dear Members of Council: Subject: Funding Adjustments To Cover Refuse Disposal Program Requirements In solid Waste Management For FY 1993/94 I. Background: The adopted budqet for Solid Waste Manaqement for FY 1993-94 was prepared based on several financial assumptions regarding the cost of operating refuse disposal programs: Estimated tons of refuse to be disposed of at the Roanoke Valley Resource Authority during fiscal year 1993-94 would be forty three thousand (43,000) tons. Payment request for materials disposed of at the Roanoke Valley Resource Authority in previous budget years would continue to be received and processed for payment on a monthly basis. Front loading bulk containers owned by the city would continue to be serviced by contract from private vendor at no additional cost. B. Major natural occurrences that could not be planned for were the major windstorms and ice storms that occurred on June 4, 1993, February 10 and March 3, 1994, causing extensive tree damage on private properties and public right-of-ways. Approximately five thousand (5,000) tons of debris was collected and mulched using a rented tub- grinder and front-end loader. II. Current Issues: Financial assumptions on which the budqet for operatinq refuse disposal programs was prepared changed during the fiscal year because of the following: Tons of refuse disposed of at the Roanoke Valley Resource Authority exceeded our budget estimate by 1,000 tons, with severe weather being a major contributing factor. Cost of the additional 1,000 tons at $30.00 per ton is $30,000. Members of City Council Page 2 Payment request for materials disposed of at the Roanoke Valley Resource Authority was changed from monthly billing to weekly billing on July 1, 1993. The fiscal year 1993-94 budget will reflect disposal charges for a 13 month cycle. This additional month charge will be $78,000. Bo A new front loadinq bulk container contract for dumping of city owned dumpsters was awarded in October 1993. The city owns 3--9 front loading dumpsters. The contract cost increased $18,000 annually due to refuse disposal rate increases established by the Roanoke Valley Resource Authority. City employees continue to mulch tree debris resulting from windstorms and ice storms utilizing a rented tub- grinder. This cost has exceeded the appropriation for equipment rental by $27,000. III. Issues: A. Refuse disposal programs B. Funding availability IV. Alternatives: City Council authorize the transfer of $153,000 from the following accounts: Solid Waste Management (Recycling) Street Lighting Building Maintenance Snow Removal Street Maintenance Street Maintenance Street Maintenance 001-052-4211-2010 - $ 75,000 001-052-4150-2022 - 23,000 001-052-4330-3056 - 20,000 001-052-4140-2045 - 3,000 001-052-4110-3055 - 9,000 001-052-4110-3005 - 10,000 001-052-4110-2038 - 13,000 Total - $153,000 To the Solid Waste Management - Refuse budget accounts: 001-052-4210-2010 - $126,000 001-052-4210-3070 - 27,000 Total - $153,000 Refuse disposal programs can be continued at the basic service levels required, and enhanced refuse disposal services necessitated by the major storms Members of City Council Page 3 which occurred can be completed. 2 o Fundinq is available - Recycling, Street Street Lighting, departments. in the Solid Waste Management Maintenance, Snow Removal, and Building Maintenance B. City Council not authorize the transfer of $153,000 from the following accounts: Solid Waste Management (Recycling) Street Lighting Building Maintenance Snow Removal Street Maintenance Street Maintenance Street Maintenance 001-052-4211-2010 -$ 75,000 001-052-4150-2022 - 23,000 001-052-4330-3056 - 20,000 001-052-4140-2045 - 3,000 001-052-4110-3055 - 9,000 001-052-4110-3005 - 10,000 001-052-4110-2038 - 13,000 Total -$153,000 To the Solid Waste Management - Refuse budget accounts: 001-052-4210-2010 - $126,000 001-052-4210-3070 - 27,000 Total - $153,000 Refuse disposal proqrams cannot be continued at basic service levels without adequate funding, and enhanced refuse disposal programs necessitated by the major storms would have to be discontinued. 2 o Fundinq would remain available in the Solid Waste Management Recycling, Street Maintenance, Snow Removal, Street Lighting, and Building Maintenance departments. Recommendation: city Council approve Alternative A, authorizing the transfer of $153,000 from the following accounts: Solid Waste Management (Recycling) Street Lighting Building Maintenance Snow Removal Street Maintenance Street Maintenance Street Maintenance 001-052-4211-2010 -$ 75,000 001-052-4150-2022 23,000 001-052-4330-3056 20,000 001-052-4140-2045 3,000 001-052-4110-3055 9,000 001-052-4110-3005 10,000 001-052-4110-2038 13,000 Total -$153,000 Members of City Council Page 4 To the Solid Waste Management - Refuse budget accounts: 001-052-4210-2010 - $126,000 001-052-4210-3070 - 27,000 Total - $153,000 WRH:JAM:mc pc: city Attorney Director of Finance Director of Public Works Respectfully submitted, W. Robert Herbert City Manager Roanoke, June 20, Virginia 1994 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Council Members: Subject: Market Rate Housing Strategy I. Backqround: Between 1980 and 1990 the City of Roanoke population decreased by 3.7%. During that 10 year period the proportion of owner-occupied housing declined by 2.8% The 1990 Census indicated that only 10.5% of the City's owner-occupied housing units have a value over $100,000, and that 76.5% of the housing units in the City are over 20 years old. City of Roanoke has a long and successful history of maintaining and improving housing conditions for its sizeable proportion of low- and moderate-income citizens. City Council, on November 8, 1993, requested a comprehensive strategy for ensuring the availability of a balanced housing market to meet the desires and needs of all the City's existing and future residents. II. Current Situation: The City administration has met with representatives of the development community, including homebuilders and realtors, seeking input for the preparation of a market-rate housing strategy. Attached plan has been prepared as a first step in a long-range strategy. Obviously, over time different activities and projects will evolve. Key elements of the initial plan include the following: The creation of an organizational unit within the City administration whose mission is to concentrate on market rate housing; relationship with the Roanoke Redevelopment & Housing Authority to be coordinated for maximum effectiveness. Mayor Bowers and Council Members Page 2 Evaluation of the City's Zoning Ordinance to protect predominately single-family residential areas and discourage the conversion of existing single-family housing units to multi-family and commercial uses. Provision for additional financial incentives to developers for infrastructure improvements associated with market-rate housing. Revision of existing regulations and procedures relating to opening of existing undeveloped streets, allowing subdivisions on existing private streets, and expediting development reviews. Making information available regarding vacant land suitable for market-rate housing development. Recognition of the development community for their contributions to making Roanoke the "Best Place to Live and Work in the South." III. Issues: Development of a marketing plan to assure that existing and prospective residents of the City understand the significant advantages of living Roanoke. in A. Quality of Life B. Economic Development C. Cost D. Funding IV. Alternatives: City Council concur in the attached Market Rate Housing Strategy as the initial plan. Various components of the plan will be brought back to Council, as necessary, when they are ready for implementation. Mayor Bowers and Council Members Page 3 Quality of Life will be protected and enhanced as the City continues to be a diversified community meeting the needs and desires of all existing and prospective residents. Economic Development will be stimulated as contractors and developers are encouraged and assisted in constructing market-rate housing in the City of Roanoke. Cost is initially estimated to be approximately $250,000, but can vary over time depending upon the selection of specific action items chosen to be implemented. Some activities will likely be ineffective and not continued, while other activities will be expanded as they prove successful. Fundinq is included in the budget for 1994-95, described in the Supplemental Budget program entitled, "Diversified Housing Initiatives." as City Council not concur in the attached Market-Rate Housing Strategy as an initial plan. Quality of Life will continue, but be in danger of diminishing if the trend away from a balanced housing market is not changed. Economic Development will not be stimulated, and contractors and developers will be uncertain as to the City's commitment to market-rate housing construction. Cost would initially be moot, but over time could have significant negative impact on the City's economy. 4. Fundinq would remain available in the 1994-95 budget. Mayor Bowers and Council Members Page 4 V. Recommendation: City Council approve Alternative "A," thus concurring in the attached Market-Rate Housing Strategy as the initial plan. The City administration will refine specific actions required to implement the plan and bring recommendations to City Council for authorization as necessary. Respectfully submitted, W. Robert Herbert City Manager WRH:WFC:pr cc: Lynda F. Wyatt, Councilwoman-Elect John F. Parrott, Councilman-Elect Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance William F. Clark, Director of Public Works Kit B. Kiser, Director of Utilities & Operations Phillip F. Sparks, Acting Chief, Economic Development John R. Marlles, Chief, Planning & Community Development Diane S. Akers, Budget Administrator Neva J. Smith, Executive Director, Roanoke Redevelopment & Housing Authority COMPREHENSIVE MARKET-RATE HOUSING STRATEGY INTRODUCTION Housing and its significance to our community has long been the subject of considerable discussion. Several housing-related rezonings, endorsements, plans, and programs have come before City Council and have engendered questions about the City's housing policies. The City of Roanoke realizes the availability of good quality housing plays a major role in the City's long-term economic health and well-being. New housing units within the City can help maintain the existing population, revenue base, labor supply and diversity of residents. However, Roanoke is beginning to show signs that its population composition is out of balance, particularly in terms of income. The City has a long and successful history of maintaining and improving housing conditions for its sizeable proportion of low- and moderate-income citizens. Clearly it is critical for the City to continue its strong commitment to these activities and it has every intention of doing so, while encouraging its sister jurisdictions to increase their efforts to address the needs of their citizens. However, for long-term vitality, a community must have a mix of people. Just as a diversified economy provides stability, richness, texture, and options to an area, so does a diversified population. This includes young families that provide significant vitality and commitment to the community, and households of comfortable incomes that contribute strongly to the local economy, including tax revenues to the City through real estate and personal property taxes. In order for these households, which are able to buy homes in any part of the Valley, to be attracted to buy within the City, they must be satisfied that their needs and priorities will be met within the City. Not the least of the critical elements is the actual availability of attractive housing. Currently, however, very few of the newer, larger, more attractive and comfortable housing units being built in the Roanoke Valley are being located within the City limits. Households actively seeking such houses have an extremely small supply within the City from which to choose. The intent of this strategy is to make the City more attractive for middle- and upper- middle income households to choose in which to reside. Particularly, the strategy seeks to encourage the construction of significant numbers of new houses attractive to this market. The pursuit of this strategy will complement the City's continuing and substantial efforts to enable its citizens of modest incomes to comprehensively improve their quality of life, including their housing. BACKGROUND This lack of "market rate" housing is reflected in the population decline experienced by the City between 1980 and 1990. (Chart 1.) Roanoke County, however, increased its population by 8.8% in the same period. (Chart 2.) If we compare number and value of residential building permits from 1981-1991 (Charts 3,4,5,6), it is evident that residential construction in both jurisdictions as to number of permits has reached parity in recent years. The telling statistic, though, is that essentially the same number of permits equates to double the permit value in the County (Chart 7). In fact, only 10.5% of the City's owner-occupied housing units have a value over $100,000 while 43.2% are under $50,000. (Chart 8.) The median value of owner-occupied 3 housing in the City is $53,700. The 1990 Census indicated that 76.5% of the housing units in the City were over 20 years old. Less than 10% had been built since 1980. (Charts 9 & 10.) This stagnation in growth of new housing units contributes to the growing level of poverty throughout thc City. Percentages of persons whose income is below poverty by census tract show that 9 of our 23 tracts have a poverty level in excess of 20% while 14 of 23 tracts have a poverty level over 10%. In fact, two tracts have almost 50% poverty! (Chart 11.) While the overall statistics point to a decline in population, housing values, new housing starts and income, there are pockets within the City where the opposite is occurring. For example, the South Roanoke and Deyerle Road neighborhoods experienced population growth between 1980 and 1990. (Chart 12.) Appreciation in the value of existing housing in these sections was double to triple the rate experienced in most other sections of the City. It should be noted that there is new market rate housing being developed in these neighborhoods. Therefore, a conclusion may be drawn that where new market rate housing is developed, population increases, and that these new residents are more financially independent. Because the City is competing with nearby jurisdictions for new residents, particularly middle- and upper-income households with the greatest housing choices, and because a city must have a mix of people for long-term vitality, a diversified housing study has been conducted to determine how the City could stimulate more market rate housing development. 4 The resulting study began with interviewing City staff members who were actively involved in housing issues - the Housing Development Coordinator, Zoning Administrator, City Planning staff, Director of Real Estate Evaluation and all staff appraisers, City Engineer, and the Grants Compliance Administrator. Members of the Roanoke Redevelopment and Housing Authority were also questioned. Individual interviews with local market-rate housing developers and real estate company representatives were conducted as well. In addition, a survey was mailed to 119 area builders, requesting their views and comments on housing construction in general, and Roanoke City policies in particular. Meetings were held with representative builders, developers, realtors and real estate brokers. (Addendum A.) The Cities of Richmond and Norfolk, VA, which have very proactive market-rate housing programs, were also visited, and other cities such as St. Paul, MN and Detroit, MI were contacted. After considerable review, the following recommendations are offered. Hopefully, they will serve to focus attention on the issue as well as stimulate market-rate housing development in Roanoke City. 5 II. Organization The City of Roanoke has never had a concerted market rate housing effort. Therefore, to implement this strategy, reorganization becomes necessary. A. Explore the creation of an organization unit within the City Administration to reflect the mission of community development. All departments involved in development activities should be better coordinated, and consideration should be given to aligning them together for a single unified administrative function (e.g. Planning, Housing, Economic Development, etc.). A single, highly- visible, adequately staffed office to coordinate all housing programs and activities - including provision of information and assistance to developers, individuals, etc. would be included within this unit. This office would also coordinate the sale and marketing of new housing developments assembled by (ref. VIII. Marketing), RRHA. B. The Roanoke Redevelopment & Housing Authority should be requested to consider its capability to assist in I) assemblage and acquisition of land, 2) infrastructure improvements, and 3) assisting City staff in the sale and marketing of new housing developments. Regulatory Incentives The addition of regulatory incentives in the City's land development regulations can III. 6 help encourage middle- and upper-income housing development by reducing the risks associated with developing such housing and by increasing the profit potential for developers. Developers of small-scale residential projects, which in the aggregate account for much of the housing construction in the City, are especially impacted by costly code provisions and procedural delays. A. Evaluate the City's overall zoning map to protect predominantly single family residentially developed areas from incompatible land uses, and rezone areas targeted for "potential new single family residential development" in Roanoke Vision, the City's adopted comprehensive plan. B. Amend the City's zoning ordinance to discourage the conversion of existing single family housing units to multi-family structures and other uses. To encourage new single family home construction, allowances for the following should be included: 1. Smaller lot sizes/higher density development. 2. Clustering of single family units. C. Complete neighborhood plans for every neighborhood in the City to help strengthen the existing neighborhoods, identify areas suitable for new residential development and recommend areas in need of rezoning. Infrastructure According to the survey mailed to builders in the area, the main deterrents to building market rate housing in the City included lack of available land and the costs of infrastructure, among others. In order to address these issues, the following 7 incentives are needed. A. Amend the City's current sewer and water regulations to provide that the City may pay the total cost of up to 1000 feet of any sanitary sewer or water main extension to be installed in any public street or easement, for the purpose of providing sewer or water service to any new or proposed development of four (4) or more detached single family dwellings which meet development and investment criteria. This criteria will be developed prior to implementing this new policy. Consideration will also be given to sharing in the cost of utility connection fees and other development expenses, such as storm drains, under appropriate circumstances. 1. Benefits a. This will provide an extra incentive for developers and builders in the 4 to 10 lot subdivision range (average City subdivision size). b. It will encourage and stimulate new construction of single family housing in the City. c. Individual extensions of sewer and water services will gradually and collectively increase speculation for development of other unserved land areas previously regarded by the development community as too costly to develop. d. Real estate revenue generated by the new development and other benefits such as increased personal property taxes, sales taxes, Bo 8 water usage fees and utility connection fees will, in most cases, offset the City's initial cost outlay for sewer and water main installation within 3 to 4 years of completion of most typical subdivisions. New single family construction will also increase population levels. 2. Projected Annual Cost The first year outlay and expense to the City should be set at a cap of $100,000, in the mode of a pilot program. A two year evaluation of the program should be sufficient to determine its effect as a development stimulus. Funds should be made available from sewer and water fund accounts. Adopt and activate the provisions of the City's new subdivision ordinance which provides for the rebate of certain costs related to the construction of off- site road improvements. The ordinance provides cost incentives for off-site road improvements in relation to specific levels of projected and guaranteed revenue. It also provides more flexibility for the development community to create housing lots with reduced street frontages. This provision will result in the creation of more buildable lots in the City. Adopt a less stringent suburban standard for construction of new local residential streets that are affected by the following conditions: 1. Street is located in a suburban type district where existing adjacent streets are predominantly of a suburban character; i.e., are less than City standard widths and/or lack curb and gutter, and Street length is to be 600' or less, and is to be terminated by a permanent cul-de-sac (cannot be extended further), No enclosed drainage system exists within the immediate area. a. Benefits 9 1) 2) 3) 4) Street construction costs will be reduced and the suburban character of the community street system will be maintained. Reduced street area will result in reduced storm water runoff. Reduction in storm water management requirements will increase the developers' profit potential by reducing site development costs. Reduced street construction costs will provide developers and builders with additional incentive to develop smaller "pockets" of available land that would otherwise remain vacant and unproductive. City will not receive normal VDOT payment of street maintenance funds ($5,793 per mile) for each street constructed at less than VDOT standard widths (30'). New revenue generated by the new development will more than offset the loss of these minimal VDOT funds for such short sections of street. IV. 10 b. Projected Annual Cost 1) There would be no initial costs to the City. New streets normally would not require any City maintenance for at least four or five years from the date of initial street opening. 2) Standard 50 foot wide right-of-way may be waived under appropriate circumstances, where extending or widening the street in the future would be very unlikely. Regulations and Procedures A. Street Opening Policy: Amend the City's current policy on the opening of undeveloped streets to provide the City Manager with the necessary authority to determine, decide and act upon the opening of undeveloped streets. Benefits a. This will enable the City Manager to expedite agreements between the City and developers, builders and landowners. City will be in a better position to negotiate with members of the development community on the opening of these streets. b. The opening of undeveloped streets with acceptable guarantees and commitments will result in the construction of new development projects in the City. New development will create new revenue. Bo 11 2. General Outline of Proposed New Policy a. City Manager would be authorized by City Council to act on its behalf in all matters relating to the opening and construction of undeveloped (paper) streets in the City. City Manager, or his designee, would serve as the City's agent in all matters and requests pertaining to the opening of any undeveloped street. This may require authorization from the Virginia General Assembly. b. City Manager, or his designee, would negotiate with developers, builders and landowners on all terms and conditions related to the cost or cost-sharing of any such street construction. All necessary legal and financial commitments would be required by the City in each instance. c. Any street opening proposal committing the City to a cost exceeding $30,000 would be forwarded to City Council for its final approval. 3. Projected Annual Cost City cost would be relative to the City's level of cost participation in such street openings. City participation levels would, of course, be based on the projected and guaranteed level of revenue to be generated by each new and proposed development project. Creation of New Building Sites: Adopt a policy of allowing subdivision to occur on private streets under certain and specific conditions. 1. Benefits o 12 a. Allowing lands on this fixed and defined number of private streets will result in new development occurring on such streets. b. City does not maintain these streets. New revenue would be created without any new cost to the City. c. If the City is required to take over one or more of these private streets, the future cost of doing so will, to a great extent, be offset by the increase in new revenue. General Outline of Proposed New Policy a. The City has previously taken the position that lands on private streets cannot be further subdivided. Current City subdivision ordinance requires that "each lot in a subdivision shall have usable vehicular access from its own frontage onto a dedicated City street". This is a subdivision design standard and, as such, the Subdivision Agent is authorized to make exceptions as to its application, under certain conditions. b. Decision of when subdivision should be allowed to occur on a private street should be based on factors such as: 1) whether the subject property has a legal easement across a private street that is acceptable to the City as sufficient to meet and provide for the projected traffic needs and 2) the general safety of the Co 13 existing and potential new inhabitants of the private street. c. Agent to the Planning Commission would review each proposed subdivision with all other necessary agencies of the City, such as Traffic Engineer, City Engineer, Water Department, Utility Line Services, etc., as to the feasibility of each new subdivision. If the proposal is determined to be sufficient to provide for proper and safe ingress/egress and for the safety, health and welfare of the inhabitants, it would be approved by the City. If not, it would be denied by the City. No subdivision of property on private streets would be approved unless appropriate easements are legally established, providing for an unconditional access to and from a publicly dedicated and improved City street. 3. Projected Annual Cost There would be no initial new cost to the City. Any future cost to the City necessary to bring these streets up to City standards would be offset by increases in City revenues. Development Review: Maximize efficiency of City regulatory systems by placing top priority on refining the implementation of the City's recent reorganization of the Building, Engineering, and Planning Departments. 1. Benefits a. Reorganization will improve the organization, management, 14 accountability and overall effectiveness of the City's development review and enforcement process. b. Reorganization will create a one-stop source for land development information and assistance. Development community will be given direction and guidance from one source. Confusion will be reduced. Developers and builders will incur fewer procedural hang-ups and "red tape" delays. c. Submittal, review and approval of subdivisions and development plans will be concentrated in one department. Time necessary to obtain City approval will be reduced. d. Arrangements are being made to simplify the issuance of building permits by mail with monthly billings to contractors who regularly develop within the City. Appropriate safeguards to assure payment of fees will be in place. 2. Projected Costs Costs associated with this reorganization have already been approved and allocated. Vacant Land Inventory A. Refine the City's database so that individuals can access, by geographical section (City, street, etc.), a list of undeveloped residentially zoned parcels. 1. Benefits a. This will greatly reduce the time necessary for builders and realtors to find vacant property on which to develop. b. It will encourage builders and realtors to use resources within the City rather than assuming there is no suitable property. 2. Projected Annual Cost The initial cost to the City would be $1,500 in computer hardware, software, and staff time to implement. Ongoing costs would be negligible. 3. Implementation: January 1, 1995. Identify a list of sizable vacant tracts to be targeted for residential development. The sites would be analyzed for development potential considering infrastructure improvements necessary, topography, etc. This list will then be made available to the public much like information concerning industrial sites is currently prepared and packaged. 1. Benefits o 15 This will reduce the time and costs associated with analyzing the feasibility of residential development. This will lessen the time frame that sites are normally developed. List of sites would encourage the development of projects in the City rather than in neighboring jurisdictions. Projected Costs Initial cost will be the feasibility analysis of the individual sites. If the VI. City did this study in-house, capital outlay would be avoided. The "marketing" of the sites would cost approximately $500/year for brochures, updates, etc. 3. Implementation: March 1, 1995. Financial Incentives A. Bo 16 Extend the First Time Home Buyers Down Payment Assistance Program to "market rate" new construction. 1. Benefits a. This would encourage prospective buyers to compare the cost of purchasing a new home in the City with neighboring jurisdictions. b. It would encourage builders to build in the City, knowing that there are incentives for buyers to purchase speculative new construction in the City. 2. Projected Cost The first year goal is $2,500 per application for 10 new single family units, or $25,000. Institute a City sponsored yearly Real Estate Industry Recognition Program. A "Mayor's Award" would be presented to the builder(s) who constructed the most single family homes or greatest value of homes in the City and the realtor(s) who sold the most homes in the City. Criteria for these awards will be developed considering quality and quantity of construction. Organizations Regional Home Builders Association (RRHBA) will be asked to assist City staff in developing this criteria. 1. Benefits 17 a. This would reinforce an ongoing working relationship between the real estate and development community and City government. b. It would send a message that the City encourages and appreciates residential development as a valuable element in the City's growth strategy. c. It would provide a small but symbolic monetary incentive to realtors and developers. Projected Cost Five thousand dollars for awards. VII. Marketing While Roanoke has been recognized as a wonderful place in which to live, the significant advantages of living in the City have not been effectively marketed. The City should develop creative promotional material and a marketing strategy for developers, realtors, and prospective residents to encourage new construction in Roanoke. Such activities might be similar to promotions undertaken to encourage economic development. This will develop contacts with reputable residential developers and call their attention to Roanoke. Introducing the City to such entities 18 may be a means of attracting creative design ideas and outside capital to this area. It would also reinforce the demand for high quality houses in the City. The components of a marketing strategy are listed below: A. Develop creative promotional materials 1. Video 2. Slide show 3. Brochure 4. Paid advertisements B. Media/publicity campaign 1. Roanoke City school tours 2. Speakers bureau 3. Active involvement in Home Builders Association 4. Active involvement in Roanoke Valley Board of Realtors 5. Roanoke City housing newsletter 6. Publicize City virtues such as: a. Twenty-four hour paid fire protection b. Water rates c. Fifty-seven parks 7. Early outreach and recruitment of new Valley residents, including transferees with larger employers and companies moving to the area. Projected Annual Cost $25,000 minimum, cost will fluctuate depending upon the number of paid media advertisements. 19 CONCLUSION If the City is serious about promoting market rate housing, the time to implement this program is now. Roanoke County has publicly stated that increasing their commercial and industrial tax base is a top priority, while housing development is not. The above recommendations, coupled with the lowest interest rates in twenty years, could be the impetus needed for increasing Roanoke's share of upper scale housing. It must be emphasized that this strategy will require an infusion of capital and staff dedicated solely to its implementation. Roanoke, Virginia June 20, 1994 The Honorable David A. Bowers, and Members of City Council Roanoke, Virginia Mayor Dear Mayor Bowers and Council Members: Subject: Market Rate Housing Strategy Please reserve space on your agenda for a report regarding the above subject. WRH:WFC:pr Respectfully, W. Robert Herbert City Manager cc: City Attorney Director of Finance Director of Public Works CHART 1 HOUSEHOLDS/HOUSING UNITS/POPULATION-ROANOKE CITY 1980 VS 1990 YEAR NUMBER OF HOUSEHOLDS NUMBER OF HOUSING UNITS POPULATION 1980 40,023 42,672 100,220 1990 41,030 44,430 96,509 PERCENT CHANGE 2.5% 4.1% -3.7% Bureau of the Census CHART 2 HOUSEHOLDS/HOUSING UNITS/POPULATION-ROANOKE. COUNTY 1980 VS 1990 YEAR NUMBER OF HOUSEHOLDS NUMBER OF HOUSING UNITS POPULATION 1980 25,237 26,750 72,945 1990 30,355 31,469 79,332 PERCENT CHANGE 20.3% 17.6% 8.8% Bureau of the Census CHART 3 ROANOKE CITY RESIDENTIAL CONSTRUCTION NUMBER OF BUILDING PERMITS 1,600 1,400 1,200 1,000 8OO 6OO 4OO 2OO 0 1981 1982 1983 1984 1985 1986 1987 1988 1989 1990 1991 Roanoke City Building Department CHART 4 ROANOKE COUNTY RESIDENTIAL CONSTRUCTION NUMBER OF BUILDING PERMITS 1,4OO 1,280 .: 1 261 /--- :1:,23~, ' ~7//j//~/ ~/ ~///~, ~ ~~~1,~S4 - ~ / /1,197 ........ !;16,8_ . / 1,200 1,000 800 6O0 4OO 2OO 0 1981 1982 1983 1984 1985 1986 1987 1988 1989 1990 1991 Roanoke County Annual Report CHART 5 ROANOKE CITY RESIDENTIAL CONSTRUCTION VALUE OF BUILDING PERMITS Millions 25¸ 16.8 21.9 ........ J4.2 13.5 10 5 1981 1982 1983 1984 1985 1986 1987 1988 1989 1990 1991 Roanoke City Building Department CHART 6 ROANOKE COUNTY RESIDENTIAL CONSTRUCTION VALUE OF BUILDING PERMITS Millions 10 1981 1982 1983 1984 1985 1986 1987 1988 1989 1990 1991 Roanoke County Annual Report CHART 7 RESIDENTIAL CONSTRUCTION - 1981-1991 ROANOKE CITY VS ROANOKE COUNTY ROANOKE CITY ROANOKE COUNTY Number of Building Permits 11,578 11,238 Value of Building Permits146.5 Million 311.0 Million CHART 8 VALUE OF OWNER OCCUPIED UNITS ROANOKE CITY, 1990 CENSUS 50% 40% 30% 20% 10% O% Bureau of the Census CHART 9 AGE OF OWNER OCCUPIED HOUSING 100% 75% 50% 25% 0% Percentage by Age [~ 1989- March 1990 [~ 1985-88 FF~ 1980-84 ~ 1970-79 ~ 1960-69 ~ 1950-59 ~/~ 1940-49 · Before 1940 Bureau of the Census CHART 10 AGE OF OWNER OCCUPIED HOUSING 199O CENSUS YEAR BUILT AGE NUMBER PERCENT Before 1940 1940 - 1949 1950 - 1959 1960 - 1969 1970 - 1979 1980 - 1984 1985 - 1988 1989 - March 1990 51 + years 9,801 41 - 50 years 6,174 31 - 40 years 9,841 21 - 30 years 8,121 11 - 20 years 6,329 6 - 10 years 1,869 2 - 5 years 1,704 new- 1 year 545 22.1% 13.9% 22.2% 18.3% 14.3% 4.2% 3.8% 1.2% TOTAL Bureau of the Census 44,384 CHART 11 PERSONS BELOW POVERTY BY CENSUS TRACT Bureau of the Census TOTAL PERCENT TRACT POPULATION BELOW POVERTY I 4,116 20% 2 4,249 16% 3 4,493 7% 4 4,562 6% 5 4,904 6 6,938 13% 7 3,609 46% 8 2,772 29% 9 5,409 26% 10 2,753 39% 11 484 45% 12 3,613 30% 13 4,752 33% 14 3,579 21% 15 4,304 15% 16 6,294 8% 17 2,713 6% 18 4,105 7% 19 4,742 11% 20 4.522 4% 21 3,279 9% 22 2,968 3% 23 5,594 13% CHART 12 POPULATION GROWTH AREAS 1980 - 1990 AREA 1980 1990 PERCENT GROWTH South Roanoke 3,011 3,397 12.8% Deyerle 2,769 3,338 20.5% Census Bureau MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2401 l Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk June 27, 1994 File #102-405 Steven A. Campbell Project Manager Mattern and Craig, Inc. 701 First Street, S. W. Roanoke, Virginia 24016 Dear Mr. Campbell: I am enclosing copy of Resolution No. 32064-062094 authorizing execution of an amendment to the City's contract with Mattern and Craig, Inc., for additional engineering services in connection with the Walnut Avenue Bridge over Roanoke River, in an amount not to exceed $176,600.00, with the total contract amount not to exceed $294,600.00. Resolution No. 32064-062094 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 20, 1994. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Eric. IN THE COUNCIL OF THE CITY OF ROANOKE, The 20th day of June, 1994. No. 32064-062094. VIRGINIA, A RESOLUTION authorizing the execution of an amendment to the City's contract with Mattern & Craig, Inc., for additional engineering services in connection with the Walnut Avenue Bridge over Roanoke River. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager or the Assistant City Manager is hereby authorized to execute for and on behalf of the City, upon form approved by the City Attorney, Amendment Nut,her 1 to the City's contract with Mattern & Craig, Inc., Consulting Engineers, dated August 6, 1992, in order to provide for additional engineering services related to the Walnut Avenue Bridge over Roanoke River. 2. Such amendment shall provide for services as set forth in the City Manager's report to this Council dated June 20, 1994 and the cost of these additional services shall not exceed $176,600.00 with the total contract amount not to exceed $294,600.00. ATTEST: City Clerk. IN THE COUNCIL OF THE CITY OF ROANOKE, The 20th day of June, 1994. No. 32063-062094. VIRGINIA 1994-95 Capital emergency. WHEREAS, AN ORDINANCE to amend and reordain certain sections of the Fund Appropriations, and providing for an Government of exist. for the usual daily operation of the Municipal the City of Roanoke, an emergency is declared to THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1994-95 Capital Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Streets and Bridges $7,682,420 Walnut Avenue Bridge Replacement Design (1) ..... 294,600 1) Appropriated from General Revenue (008-052-9684-9003) $176,600 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Honorable Mayor and Members of City Council Roanoke, Virginia June 20, SUBJECT: AMENDMENT NO. 1 TO AGREEMENT FOR CONSULTANT SERVICES WALNUT AVENUE BRIDGE OVER ROANOKE RIVER I. Background: A. Walnut Avenue Bridqe over the Roanoke River was built in the 1890's. B. The bridqe was raised to match the grade of the new bridge over the railway tracks in the 1920's. C. Last major work was done in 1977 when the bridge was painted. Inspection of the bridge is made on an annual basis. In the last several years, inspection has determined that the major components of the bridge are in marginal or poor condition. Load rating analysis was performed in November, 1993. The posted limit has been reduced from 10 tons to 8 tons. This reduction limits the use of the bridge. II. Current Situation: A. Preliminary Enqineering Report has been completed. B. Bridqe Inspection Report for 1993 has been completed. Load limit has been reduced from 10 tons to 8 tons. This means that vehicles in the weight class of school buses, Valley Metro buses, large delivery trucks and dump trucks are barred from using the bridge. This is a segment of State Rt. 116. Further deterioration of the bridge could reduce the load limit again or result in closure of the bridge to traffic. This is expected to happen within two (2) years if not reinforced or replaced. Honorable Mayor and Members of City Council June 20, 1994 RE: AMENDMENT NO. 1/WALNUT BRIDGE Page 2 It is estimated that to restore the bridge to full service with no weight restrictions will cost $1,350,000. To restore the structure to a 10-ton load limit (heavy trucks are barred from use) will cost $150,000. Deterioration will continue until the load limit will again be reduced to 8 tons in two (2) years and it will require $200,000 to restore it to 10 tons again. It is obvious that you can more economically replace the bridge now and save over $1 million in continuing maintenance costs during the twenty five (25) year life of the new bridge. The alternative is to replace the bridge for an estimated $1,350,000 now and save the continuous maintenance costs. Funding for construction is being made available in FY94-95 Account # 001-004-9310-9508 Transfer to Capital Projects Fund. III. Issues: A. Necessity to make repairs/replacement B. Cost of replacement C. Fee level for engineering services IV. Alternatives: City Council authorize the City Manager to execute Amendment No. 1 in the amount of $1761600.00 to Agreement for Consultant Services with Mattern & Craig, Inc., dated 8/6/92 (Ord. #31164-082492) in a form suitable to the City Attorney. The new contract amount will be $294,600.00. When the original contract was executed for preliminary engineering, it included provisions for negotiating an amendment on final design documents. This will permit completion of the replacement design. The contract will be amended for construction contract administration upon award of replacement contract. Funding is available in Account #001-004-9310-9508, Transfer to Capital Projects Fund. Honorable Mayor and Members of City Council June 20, 1994 RE: AMENDMENT NO. 1/WALNUT BRIDGE Page 3 1. Necessity to make repairs/replacement will be met. 2. Cost of replacement is estimated at $1~350~000. 3. Fee level for engineering service is reasonable based on the estimated value of construction. Do not authorize the City Manager to execute Amendment No. 1. 1. Necessity to make repairs/replacement will not be met. Bridge may need to be closed. 2. Cost of replacement will likely increase. 3. Fee level for engineering services will not be an issue at this time. Recommendation is that City Council take the following action: Authorize the implementation of Alternative "A". ApproDriate $176~600.00 to Capital Projects Fund Account No. 008-052-9684-9055, Walnut Avenue Bridge Replacement Design. CURRENT CONTRACT PHASE I - PRELIMINARY 1. Surveys 2. Geotechnical Investigations 3. Hydraulic Analyses 4. Approach Roadway Improvements 5. Bridge 6. Environmental Site Assessment TOTAL - PHASE I $23,650.00 11,000.00 8,875.00 29,400.00 39,075.00 6~000.00 $118,000.00 Honorable Mayor and Members of City Council June 20, 1994 RE: AMENDMENT NO. 1/WALNUT BRIDGE Page 4 AMENDMENT NO. 1 PHASE II - DESIGN BASIC SERVICES 1. Roadway 2. Bridge SUBTOTAL $ 32,600.00 97~300.00 $129,900.00 SPECIAL SERVICES 1. Permits 2. Environmental Site Assessments and Soils Characterization 3. Easement & Plats Field Survey Office Work SUBTOTAL TOTAL - PHASE II NEW TOTAL CONTRACT 1,600.00 3~200.00 PHASE III - CONSTRUCTION ADMINISTRATION - To be negotiated upon award of construction contract. $ 12,200.00 29,700.00 4~800.00 $ 46,700.00 $176~600.00 $294,600.00 W. Robert Herbert City Manager WRH/JGB/fm Honorable Mayor and Members of City Council June 13, 1994 RE: AMENDMENT NO. 1/WALNUT BRIDGE Page 5 cc: City Attorney Director of Finance Director of Public works Director of Utilities and Operations Assistant to City Manager for Community Relations City Engineer Construction Cost Technician Accountant, Contracts and Fixed Assets Budget Administrator IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of June, 1994. No. 32065-062094. AN ORDINANCE to amend and reordain certain sections of the 1993-94 Capital Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1993-94 Capital Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A~riation~ Education $ Asbestos Abatement and Boiler Systems (1) ......... William Fleming Fire Damage (2) ................... General Government Downtown East Parking Garage (3) .................. Miscellaneous General Government (4-5) ............ Streets and Bridges Curb, Gutter and Sidewalks - Phase VI (6) ......... Fifth Street Bridge Replacement (7) ............... Bridge No. 8052 Replacement (8) ................... Sanitation Luck Avenue Storm Drain (9) ....................... Traffic Engineering Traffic Signals - General (10) .................... Traffic Signals - Underground (11) ................ Other Infrastructure Peters Creek Flood Reduction Phase I (12) ......... Peters Creek Flood Reduction Phase II (13) ........ Roanoke River Flood Reduction I (14) .............. Roanoke River Flood Reduction II (15) ............. Capital Improvement Reserve Capital Improvement Reserve (16-18) ............... Public Improvement Bonds - Series 1992 (19) ....... 8,295,151 1,560,984 7,864 23,896609 390 453 24 208 8,463 650 244 485 119 462 227 869 5,289 905 1,289 446 1,283 609 659 553 65,309 7,551,035 1,059,183 241,251 1,529,542 2,727,228 371,139 2,356,089 1) Appropriation from General Revenue 2) Appropriation from General Revenue 3) Appropriation from General Revenue 4) Crisis Interven- tion Center 5) Jail - 2nd Floor 6) Appropriation from Bond Funds 7) Appropriation from Bond Funds 8) Appropriation from General Revenue 9) Appropriation from General Revenue 10) Appropriation from General Revenue 11) Appropriation from General Revenue 12) Appropriation from Bond Funds 13) Appropriation from Bond Funds 14) Appropriation from General Revenue 15) Appropriation from General Revenue 16) Buildings and Structures 17) Storm Drains 18) Streets and Bridges 19) Storm Drains (008-060-6076-9003) (008-060-6079-9003) (008-052-9605-9003) (008-052-9660-9038) (008-052-9660-9040) (008-052-9580-9001) (008-052-9599-9001) (008-052-9627-9003) 008-052-9659-9003) 008-052-9560-9003) 008-052-9571-9003) 008-052-9704-9001) 008-052-9706-9001) (008-056-9617-9003) (008-056-9622-9003) (008-052-9575-9173) (008-052-9575-9176) (008-052-9575-9181) (008-052-9700-9176) BE IT FURTHER ORDAINED that, an Ordinance shall be $ 636 636) 1) 1,304) 223) 2,704) 2,704 ( 4,131) ( 46,235) 1 ( 1) (29,315) (11,749) 25,000 (25,000) 1,527 46,235 4,132 41,064 emergency existing, in effect from its passage. ATTEST: this City Clerk. Roanoke, Virginia June 20, 1994 Honorable Mayor and City Council Roanoke, Virginia Dear Members of City Council: SUBJECT: Close Out of Accounts for Completed Capital Projects I. Background: II. Capital projects of all types have been approved by Council for construction over the past years. These projects have included construction in major categories for buildings, parks, highways, sanitary sewers, and storm drains. Funding is established for each project when Council approves the construction based on the bids for the various construction costs, as well as extra funding for possible contingencies. Completed projects have relatively small amounts of contingency funds remaining after final bills are paid because most projects are completed within the established budgets. Current Situation: Council authorization to close out projects is needed in order to clear the completed projects from the current project listing. Remaining funds need to be transferred from the completed projects to capital projects still under construction or to capital improvement reserve accounts for other future construction. Honorable Mayor and City Council June 20, 1994 Page 2 III. Recommendations: A. Authorize the close out of completed capital projects. B. Transfer funds into appropriate capital accounts as included on the accompanying budget ordinance. i~/irector of Finance JDG:pac attachment C~ W. Robert Herbert, City Manager Charles M. Huffine, City Engineer IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of June, 1994. No. 32066-062094. AN ORDINANCE to amend and reordain certain sections of the 1993-94 Capital Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1993-94 Capital Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A ro riations General Government Conference Center Commission 1) Appropriated from Bond Funds (008-002-9675-9001) $ 13,800,000 $ 37,698,137 13,800,000 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. June 20, 1994 TO: FROM: SUBJECT: Honorable Mayor and Members of City Council James D. Grisso, Director of Finance Conference Center Budget Adjustment As you are aware, the City's 1994 general obligation bond issue included $13,800,000 for the Roanoke Conference Center Project. A budgetary appropriation is required on the City's financial records to complete the accounting for this transaction in FY93-94. This adjustment is to reflect the bond proceeds of $13,800,000 as received in the Capital Projects fund and passed through to the Roanoke Conference Center Commission Fund only. These funds were previously appropriated in the Conference Center fund. Thi~ aeeropriation is for qenerally accepted accountiha ~urooses only and does not increase funding for this proiect. I recommend City Council concur with the following: Appropriate $13,800,000 to an account to be established in the Capital Projects Fund to reflect the transfer of funding previously appropriated to the Conference Center Commission Fund. The attached budget ordinance will accomplish this accounting procedure. JDG:s Attachment cc: W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney Director of Finance MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk June 27, 1994 File #183-524 Ted R. Bratton Vice President JEFCO, Inc. 3032 Trinkle Avenue, N. W. Roanoke, Virginia 24012 Gentlemen: George H. Williams, President Williams Painting and Remodeling, Inc. 2314 Ridgefield Street, N. E. Roanoke, Virginia 24012 I am enclosing copy of Ordinance No. 32068-062094 accepting the bid of American Door and Glass, Inc., for removal of wooden windows on the north and west elevations of the Commonwealth Building and replace with aluminum windows, in the totai amount of $107,641.00, upon certain terms and conditions; authorizing the proper City officials to execute the requisite contract for such work; and rejecting all other bids made to the City for the work. Ordinance No. 32068-062094 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 20, 1994. On behalf of the Mayor and Members of City Council, I would like to express appreciation for submitting your bids on the abovedeseribed project. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Eno. MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk June 27, 1994 File #183-524 Larry Lamanca Vice President American Door and Glass, Inc. 3797 Aerial Way Road, S. W. Roanoke, Virginia 24018 Dear Mr. Lamanca: I am enclosing copy of Ordinance No. 32068-062094 accepting the bid of American Door and Glass, Inc., for removal of wooden windows on the north and west elevations of the Commonwealth Building and replace with aluminum windows, in the total amount of $107,641.00, upon certain terms and conditions; authorizing the proper City officials to execute the requisite contract for such work; and rejecting all other bids made to the City for the work. Ordinance No. 32068-062094 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 20, 1994. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Ene. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of June, 1994. No. 32068-062094. AN ORDINANCE accepting the bid of American Door & Glass, for the replacement of windows certain terms and conditions, authorizing the proper contract for such work; for the work; Inc., in the Commonwealth Building upon and awarding a contract therefor; City officials to execute the requisite rejecting all other bids made to the City and providing for an emergency. BE IT ORDAINED follows: 1. The bid of amount of $107,641.00, by the Council of the City of Roanoke as American Door & Glass, Inc., in the total for the removal of the wooden windows on the north and west elevations of the Co~r~onwealth Building and replace with aluminum windows as more particularly set forth in the June 1994 report of the City Manager to this Council, such bid being 20, in full therefor and as provided in bidder, which bid is on file and is hereby ACCEPTED. 2. The City Manager or compliance with the City's plans and specifications made the contract documents offered said in the Office of the City Clerk, be the Assistant City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, the requisite contract with the successful bidder, based on its proposal made therefor and the City's specifications made therefor, said contract to be in such form as is approved by the City Attorney, and the cost of said work to be paid for out of funds heretofore or simultaneously appropriated by Council. 3. Any and all other bids made to the City for the aforesaid work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. 4. municipal In order to provide for the usual daily operation of the government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. IN THE COUNCIL OF THE CITY OF ROANOKE, The 20th day of June, 1994. No. 32067-062094. VIRGINIA AN ORDINANCE to amend and reordain certain sections of the 1993-94 General and Capital Fund Appropriations, and providing for an emergency. WHEREAS, for the Usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE Roanoke that certain Fund Appropriations, reordained to read as follows, General Fund IT ORDAINED by the Council of the City of sections of the 1993-94 General and Capital be, and the same are hereby, amended and in part: Public Works Building Maintenance (1) ......................... Nondepartmental Transfers to Other Funds (2) ..................... $ 20,499,581 2,893,119 $ 46,203,597 45,708,712 General Government Commonwealth Building (3) ........................ 1) Maintenance of Fixed Assets (001-052-4330-3057) $(110,000) 2) Transfer to Capital Projects Fund (001-004-9310-9508) 110 000 3) Appropriated , from General Revenue (008-052-9696-9003) 110,000 $ 24,008,137 110,000 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Roanoke, Virginia Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of City Council: SUBJECT: BID COMMITTEE REPORT REPLACE WOOD WINDOWS WITH ALUMINUM WINDOWS COMMONWEALTH BUILDING 210 W. CHURCH AVENUE, ROANOKE, VIRGINIA PROJECT NO. 27-94A I concur with the Bid Committee recommendation relative to the above project and recommend it to you for appropriate action. Sincerely, Robert Herbert City Manager WRH/LBC/kh Attachment: Bid Committee Report cc: City Attorney Director of Finance Director of Public Works Director of Administration and Public Safety Assistant to City Manager for Community Relations City Engineer Construction Cost Technician Accountant, Contracts and Fixed Assets Manager, Office of Management and Budget Roanoke, Virginia June 20, 1994 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of City Council: SUBJECT: BID COMMITTEE REPORT REPLACE WOOD WINDOWS WITH ALUMINUM WINDOWS COMMONWEALTH BUILDING 210 W. CHURCH AVENUE, ROANOKE, VIRGINIA PROJECT NO. 27-94A Backqround: Bids, following proper advertisement, were publicly opened and read aloud before City Council on June 6, 1994, for replacement of wood windows with aluminum windows on the north and west elevation of the Commonwealth Building, a total of seventy-two (72) windows. Three (3) bids were received with American Door & Glass, Inc., of Roanoke submitting the low bid in the amount of $107,641.00 and 60 consecutive calendar days. Project consists of the removal of wood windows on the north and west elevations of the Commonwealth Building and providing and installing aluminum windows in accordance with the contract documents prepared by the Office of City Engineer. The existing wood frames have rotted with age and can no longer be maintained. The remaining windows will be replaced in subsequent years. II. Issues in order of importance are: A. Compliance of the bidders with the requirements of the contract documents for bidding. B. Amount of the low bid. C. Fundinq for the project. D. Time of completion. Honorable Mayor and Members of City Council BID COMMITTEE REPORT REPLACE WOOD WINDOWS WITH ALUMINUM WINDOWS COMMONWEALTH BUILDING June 20, 1994 Page 2 III. Alternatives are: Award a lump sum contract to American Door & Glass, Inc., of Roanoke, Virginia in the amount of $107~641.00 and 60 consecutive calendar days to remove the existing woo~ windows on the north and west elevation of the Commonwealth Building and to provide and install new aluminum windows in accordance with the contract documents as prepared by the City Engineer's Office. Compliance of the bidders with the requirements of the contract documents for bidding were met. Amount of the low bid exceeded the estimate but is acceptable. The estimate was based on the window price for Jefferson Center. The Jefferson Center windows were one window to the opening while these windows have two windows to the opening plus the meeting mullion. The first and second floor windows have a fixed sash over the window that is arched. Ail of these windows have a lower sash that operates while the Jefferson Center windows are fixed. All windows have insulated glass as well. The main difference, however, is that the installation has to be scheduled with the occupants of the building while the installation at the Jefferson Center was done in an empty building. There are 72 window openings to be replaced on the north and west elevations. 3. Fundinq is available in the Building Maintenance Fixed Asset Account No. 001-052-4330-3057. Time of completion is quoted as 60 consecutive calendar days which is acceptable. B. Reject the bids and do not award a contract at this time. Compliance of the bidder with the requirements of the contract documents for bidding would not be an issue. Amount of the low bid would probably change if re- bid at a later date. Honorable Mayor and Members of City Council BID COMMITTEE REPORT REPLACE WOOD WINDOWS WITH ALUMINUM WINDOWS COMMONWEALTH BUILDING June 20, 1994 Page 3 3. Fundinq would not be encumbered at this time. 4. Time of completion would be extended into winter months. the IV. Recommendation is that City Council take the following action: A. Concur with the implementation of Alternative "A". Authorize the City Manager to enter into a contractual agreement, in form approved by the City Attorney, with American Door & Glass, Inc., to remove the wood windows on the north and west elevations of the Commonwealth Building and replace with aluminum windows in accordance with the contract documents as prepared by the City Engineer's office in the amount of $107~641.00 and 60 consecutive calendar days. Transfer funding from the Building Maintenance Fixed Asset Account No. 001-052-4330-3057 to a Capital Projects Fund account to replace wood windows with aluminum windows at the Commonwealth Building as follows: Contract Amount Contingency Reject the other bids received. $107,641.00 2~359.00 $110,000.00 Respectfully submitted, !~! !~ S~r ~,~Chairman George6/C. Snead, Jr. William F. Clark Honorable Mayor and Members of City Council BID COMMITTEE REPORT REPLACE WOOD WINDOWS WITH ALUMINUM WINDOWS COMMONWEALTH BUILDING June 20, 1994 Page 4 WW/LBC/ga Attachment: Tabulation of Bids cc: City Attorney Director of Finance Director of Public Works Director of Administration and Public Safety Assistant to City Manager for Community Relations City Engineer Construction Cost Technician Accountant, Contracts and Fixed Assets Manager, Office of Management and Budget TABULATION OF BIDS Replace Wood Windows with Aluminum Windows Commonwealth Building 210 W. Church Avenue, S. W. Roanoke, Virginia Job 01-04A Bids opened before City Council on Monday, June 6, 1994, at 2 p.m. BIDDER LL~MP SUM NO. DAYS BOND Williams Painting $150,744.00 120 Yes and Remodeling, Inc. JEFCO, INC. $121,095.00 196 Yes American Door & $107,641.00 60 Yes Glass, Inc. Estimated Cost: $80,000.00 William White, Sr./, Chairman William F. Clark Office of City Engineer Roanoke, Virginia June 20, 1994 MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W. Room 456 Roanoke, Virginia 2401 l Telephone: (703) 981-254! SANDRA H. EAKIN Deputy City Clerk June 27, 1994 File #183-209 Walter O. McCulley, President Consolidated Industrial Roofing, Inc. 2011 Cook Drive Salem, Virginia 24153 Dear Mr. McCulley: I am enclosing copy of Resolution No. 32070-062094 accepting the bid of Consolidated Industrial Roofing, Inc., to provide and install a new podium roof membrane at the Municipal Building, in the total amount of $27,600.00, upon certain terms and conditions; and authorizing the proper City officials to execute the requisite contract for such work. Resolution No. 32070-062094 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 20, 1994. Sincerely, PtL,n.~.,,~. Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of June, 1994. No. 32070-062094. A RESOLUTION accepting the bid of Consolidated Industrial Roofing, Inc., to provide and install a new podium roof membrane at the Municipal Building, upon certain terms and conditions, and awarding a contract therefor; and authorizing the proper City officials to execute the requisite contract for such work. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The bid of Consolidated Industrial Roofing, Inc., being the only bid received for said work, in the total amount of $27,600.00, to provide and install a new podium roof membrane at the Municipal Building, said work to be completed within sixty (60) calendar days, as more particularly set forth in the June 20, 1994, report of the City Manager to this Council, such bid being in full compliance with the City's plans and specifications made therefor and as provided in the contract documents offered said bidder, which bid is on file in the Office of the City Clerk, be and is hereby ACCEPTED. 2. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, the requisite contract with the successful bidder, based on its proposal made therefor and the City's specifications made therefor, said contract to be in such form as is approved by the City Attorney. ATTEST: City Clerk. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of June, 1994. No. 32069-062094. AN ORDINANCE to amend and reordain certain sections of the 1993-94 General and Capital Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1993-94 General and Capital Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund A ro riations Public Works $ 20,577,081 Building Maintenance (1) ......................... 2,970,619 Nondepartmental $ 46,126,097 Transfers to Other Funds (2) ..................... 45,631,212 Capital Fund A~iations General Government $ 23,930,637 Podium Roof Membrane (3) ......................... 32,500 1) Maintenance of Fixed Assets 2) Transfer to Capital Projects Fund 3) Appropriated from General Revenue (001-052-4330-3057) $ (32,500) (001-004-9310-9508) 32,500 (008-052-9695-9003) 32,500 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Roanoke, Virginia June 20,~, 1994 '94 '" ," r~,:1 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of City Council: SUBJECT: BID COMMITTEE REPORT NEW PODIUM ROOF MEMBRANE MUNICIPAL BUILDING 215 W. CHURCH AVENUE, ROANOKE, VIRGINIA PROJECT NO. 09-94B I concur with the Bid Committee recommendation relative to the above project and recommend it to you for appropriate action. Sincerely, ert Herbert City Manager WRH/LBC/kh Attachment: Bid Committee Report cc: City Attorney Director of Finance Director of Public Works Director of Administration and Public Safety Assistant to City Manager for Community Relations City Engineer Construction Cost Technician Accountant, Contracts and Fixed Assets Manager, Office of Management and Budget City Horticulturist Roanoke, Virginia June 20, 1994 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: SUBJECT: BID COMMITTEE REPORT NEW PODIUM ROOF MEMBRANE MUNICIPAL BUILDING 215 W. CHURCH AVENUE, ROANOKE, VIRGINIA PROJECT NO. 09-94B Background: Bids, following proper advertisement, were publicly opened and read aloud before City Council On June 6, 1994, for new podium roof membrane on the Municipal Building. One bid only was received from Consolidated Roofing, Inc., of Salem, Virginia, in the $27,600.00 and 60 consecutive calendar days. Industrial amount of Project consists of the removal of the present ballast, the 1" protective insulation below the ballast, and the cleaning of the present membrane and deck. The new membrane will be installed over the existing membrane. The City's Grounds Maintenance Department will remove the plant boxes. II. Issues in order of A. importance are: Compliance of the bidder with the contract documents for bidding. Amount of the low bid. Fundinq of the project. Time of completion. requirements of the III. Alternatives are: A. Award a lump sum contract to Consolidated Industrial Roofing, Inc., of Salem, Virginia, to provide and install Honorable Mayor and Members of City Council BID COMMITTEE REPORT NEW PODIUM ROOF MEMBRANE MUNICIPAL BUILDING June 20, 1994 Page 2 a new roof membrane on the Municipal Building podium roof deck in accordance with the contract documents as prepared by the City Engineer's Office for the sum of $27,600.00 and 60 consecutive calendar days. 1. Compliance of the bidders with the requirements of the contract documents for bidding were met. 2. Amount of the bid is acceptable. The Grounds Maintenance Department has requested that they remove and replace the plant boxes on the roof and this accounts for part of the good bid received. Fundinq for this project is available in Building Maintenance Fixed Asset Account No. 001-052-4330- 3057. 4. Time of completion is quoted as 60 consecutive calendar days which is acceptable. -- Reject the bid and do not award a contract at this time. 1. Compliance of the bidder with the requirements of the contract documents for bidding would not be an issue. 2. .Amount of the low bid would probably increase if rebid at a later date. Fundinq would not be encumbered at this time. Time of completion would be extended and the roof would continue to leak. IV. Recommendation is that City Council take the following action: A. ~oncur with the implementation of Alternative "A". B. Authorize the City Manager to enter into a contractual agreement, in form approved by the City Attorney, with Consolidated Industrial Roofing, Inc., of Salem, Virginia, to provide and install a new podium roof membrane at the Municipal Building in accordance with the Honorable Mayor and Members of City Council BID COMMITTEE REPORT NEW PODIUM ROOF MEMBRANE MUNICIPAL BUILDING June 20, 1994 Page 3 contract documents as prepared by the City Engineer.s Office in the amount of ~27~600.00 and 60 consecutive calendar days. -- Transfer funding of ~32,500.00 from the Building Maintenance Fixed Asset account No. 001-052-4330-3057 to a Capital Projects Fund account to replace podium roof membrane at the Municipal Building as follows: WW/LBC/ga cc: Contract Amount Contingency Funding to Procure New Plants, Shrubs, Top-Soil for the Existing Plant Boxes Total $27,600.00 2,400.00 2,500.00 ~32,500.00 Respectfully submitted, William White, Sr., ~hairman William F. Clark ueorge ~. Snead, Jr. City Attorney Director of Finance Director, Public Works Director, Administration and Public Safety City Engineer Citizen Request for Services Construction Cost Technician Accountant, Contracts and Fixed Assets Manager, Office of Management and Budget City Horticulturist MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue. S.W.. Room 456 Roanoke. Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk REVISED June 27, 1994 File #20-77-200-247-258-405-514 M. Scott Hollis Urban Engineer Virginia Department of Transportation 1401 E. Broad Street Richmond, Virginia 23219 Dear Mr. Hollis: I am enclosing copy of Ordinance No. 32007-062094 approving an agreement between the City and the Virginia Department of Transportation for widening and realignment of Wells Avenue, N. E., within the City limits; providing for allocation of the City's share of the project cost, upon certain terms and conditions; and authorizing execution of said agreement on behalf of the City. Ordinance No. 32007-062094 was adopted by the Council of the City of Roanoke on first reading on Monday, May 23, 1994, also adopted by the Council on second reading on Monday, June 20, 1994, and will take effect ten days following the date of its second reading. Sincerely Mary F. Parker, CMC/AAE City Clerk MFP: sm EDeo IN THECOUNCILFOR THE CITY OF ROANOKE, VIRGINIA The 20th day of June, 1994. No. 32007-062094. AN ORDINANCE approving an agreement between the City and the Virginia Department of Transportation for the widening and realignment of Wells Avenue, N.E.; providing for the allocation of the City's share of the project cost; and authorizing execution of said agreement on behalf of the City. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The agreement between the City and the Virginia Department of Transportation for the widening and realignment of Wells Avenue, N.E., within the City limits, and providing for the allocation of the City's estimated share of the project cost in the amount of $775,580.24 of the total estimated project construction cost of $2,244,386.00, and providing certain terms and conditions as more specifically set forth in the report to this Council dated May 23, 1994, is hereby ACCEPTED. 2. The City Manager, Assistant City Manager or Acting City Manager is hereby authorized to execute, for and on behalf of the City, and the City Clerk is authorized to attest, the agreement with the Virginia Department of Transportation, in form approved by the City Attorney. ATTEST: City Clerk. IN THECOUNC~ FOR THE CITY OF ROANOKE, VIRGINIA The 23rd day of May, 1994. No. 32007-052394. AN ORDINANCE approving an agreement between the City and the Virginia Department of Transportation for the widening and realignment of Wells Avenue, N.E.; providing for the allocation of the City's share of the project cost; and authorizing execution of said agreement on behalf of the City. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The agreement between the City and the Virginia Department of Transportation for the widening and realignment of Wells Avenue, N.E., within the City limits, and providing for the allocation of the City's estimated share of the project cost in the amount of $775,580.24 of the total estimated project construction cost of $2,244,386.00, and providing certain terms and conditions as more specifically set forth in the report to this Council dated May 23, 1994, is hereby ACCEPTED. 2. The City Manager, Assistant City Manager or Acting City Manager is hereby authorized to execute, for and on behalf of the City, and the City Clerk is authorized to attest, the agreement with the Virginia Department of Transportation, in form approved by the City Attorney. ATTEST: City Clerk. MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W.. Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2,541 SANDRA H. EAKIN Deputy City Clerk May 26, 1994 File #20-60-77-200-247-258-405-514 M. Scott Hollis Urban Engineer Virginia Department of Transportation 1401 E. Broad Street Richmond, Virginia 23219 Dear Mr. Hollis: I am enclosing copy of Ordinance No. 32007-052394 approving an agreement between the City and the Virginia Department of Transportation for widening and realignment of Wells Avenue, N. E., within the City limits; providing for ailocation of the City's estimated share of the project cost, in the amount of $775,580.24, of the total estimated project construction cost of $2,244,386.00, upon certain terms and conditions; and authorizing execution of said agreement on behalf of the City. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 23, 1994. If you have questions, please do not hesitate to call me. MFP:sm Sincerely, ~ Mary F. Parker, CMC/AAE City Clerk Eno. Office of the City Manager May 20, 1994 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: Attached please find a Council report entitled "City - State Agreement, Wells Avenue Widening Project" which is referenced in the "Reserved Space" information which you received in your agenda package for the May 23, 1994 Council meeting. The information required from the Virginia Department of Transportation in order to complete this report was not available until 4:00 p.m. yesterday (May 19), resulting in this report having to be hand-delivered to you today. If you have any questions regarding this or any other matter, please do not hesitate to contact me. Sincerely, err Herbert City Manager WRH/dh Attachment CC: City Attorney Director of Finance Director of Public Works City Traffic Engineer Construction Cost Technician Budget Administrator Accountant, Contracts and Fixed Assets ~/City Clerk Room 364 Municipal Building 215 Church Avenue, S W Roanoke, Virginia 24011-1591 (703) 981-2333 Roanoke, Virginia May 23, 1994 Honorable David A. Bowers, and Members of Council Roanoke, Virginia Mayor Dear Mayor Bowers and Members of Council: SUBJECT: City - State Agreement Wells Avenue Widening Project I. Background: On April 13; 1987 City Council requested the Virginia Department of Transportation (VDOT) to program projects for roadway widening and realignment to include: 1. Wells Avenue, from Williamson Road, N.E. to First Street, N.W. First Street/Gainsboro Road from Madison Avenue, N.W. to Salem Avenue, S.W. and intersection of Orange Avenue and Gainsboro Road. (This alignment ultimately shifted location to become known as the Second Street/Gainsboro Road project.) On December 16, 1992 City Council approved (by Resolution No. 31287-121692) the location of the realignment of Wells Avenue from Williamson Road, N.E. to Second Street, N.W. (presently known as First Street, N.W.). Ce Wells Avenue project schedule has been accelerated to improve public safety and traffic flow in connection with the opening of ~he Hotel Roanoke/Conference Center in early-1995. On April 12, 1993, City Council authorized (by Ordinance No. 31406-041293) an amendment to the "Agreement for Administering Project by Municipality" between the City and VDOT for Wells Avenue to allow VDOT to handle the right-of-way and construction phases of the project in order to meet the stringent time schedule. The preliminary engineering phase has been administered by the City with its consultan=, Mattern & Craig, Inc., Consulting Engineers. Members of City Council Page 2 II. Further, VDOT has been extraordinarily cooperative in its scheduling of many project-related activities. De On August 9~ 1993 City Council approved the location and major design features of the realignment of Wells Avenue from Williamson Road, N.E. to First Street, N.W. (Resolution No. 31622-080993). Current Situation: Bids for project construction were received by VDOT on May 18, 1994. A conuract was awarded the following day to Branch Highways, Inc, in the amount of ~2t244~386.00. City must execute =he attached City-State Agreement (Attachment II) before VDOT will allow the contractor to begin construction. City share of the cost of this project is $775~580.24. The third page of Attachment II shows the cost-sharing ratios to be used on this project. Enhancements included in this project include the plaza, bus shelter, decorative street lighting, and entryway signage at a cost of S643,924.30 (100% City funds) as bid by Branch Highways, Inc. Project coordination with the Hotel Roanoke Conference Center Commission (HRCCC) required that certain expenses be incurred by tn, Hctel project such as the demolition of the former Wells Avenue pavement and the construction of the temporary detour across the Hotel parking lot from Wells Avenue to Shenandoah Avenue. VDOTagreed that the $33~900 incurred for these items could be reimbursed to the HRCCC from the City's urban highway funds used for the Wells Avenue project. The City needs to receive these funds (established as a project cost in the attached City-State Agreement) from VDOT and then reimburse the HRCCC. Members of City Council Page 3 III. Issues: IV. A. Funding B. Construction Plans C. Timing Alternatives: Authorize the City Manager, in a form acceptable to the City Attorney, to execute the City-State Agreement on behalf of the City; and appropriate $723~118.90 from the accounts listed on Attachment III into the Wells Avenue Account No. 008-052-9547-9001. 1. Funding, in the amount of $7231118.90, exists in the sources identified on Attachment III (Part B). 2. Construction plans comply with City's needs for this project. Timing for project construction to begin is June, 1994. Contractor sas a fixed-time completion date of March 18, 1995 for substantially complete roadway access to Hotel/Conference Center, July 15, 1995 for roadway completion, and November 1, 1995 for landscaping completion. Be Reject City-State Agreement aha proceed to reimburse VDOT for 100% of all expenditures to date in accordance with City Resolution No. 28607. 1. Funding wouia be neeaed in the amount of the total VDOT project expenaitures to date. 2. Construction plans would not be done at this time. 3. Timing is not an issue. Recommendation is that Ci.u? Council: Authorize the City M~.nager, in a form acceptable to the City Attorney, to execute the City-State Agreement on behalf of the City. Members of City Council Page 4 Appropriate $723~118.90 from the accounts listed in Attachment III into the Wells Avenue Account (No. 008- 052-9547-9001). Receive $33~900 from VDOT Authorize pa~ent to the HRCCC in the ~ount of $33t900 Respectfully submitted, rt Herbert City Manager WRH:RKB:jrm Attachments: copy: I Map II City-State Agreement III Funding Summary City Attorney Director of Finance Director of Public Works City Traffic Engineer Construction Cost Technician Budget Administrator Accountant, Contracts & Fixed Assets : ! /ll~ 11 IIit' ATTACHMENT II AGREEMENT BETWEEN THE CITY OF ROANOKE AND VIRGINIA DEPARTMENT OF TRANSPORTATION The City of Roanoke, Commonwealth of Virginia, hereinafter referred to as ROANOKE, and the Commonwealth of Virginia, Department of Transportation, hereinafter referred to as the DEPARTMENT, hereby agree as follows: 1. The DEPARTMENT will prosecute a project for the improvement of 0.311 mile of Wells Avenue within ROANOKE from 1st Street, N.W., Station 12+10.00 to Williamson Road, Station 28 + 51.00 and designated as Project U000-128-117, PE-101, RW-201, C~501. ROANOKE approves the plans as designed and requests the DEPARTMENT to submit the project with recommendation that it be approved by the Commonwealth Transportation Board and agrees that if such project is approved and constructed by the DEPARTMENT. ROANOKE, thereafter, at its own expense, will maintain the project, or have it maintained, in a manner satisfactory to the DEPARTMENT or its authorized representatives and will make ample provision each year for such maintenance. ROANOKE agrees that after construction of the project, or any part thereof, it will not permit any recluction in the number of or width of traffic lanes, or any additional median crossovers and enlargement of existing median crossovers, or any alterations to channelizafion islands, without the prior written approval of the DEPARTMENT. ,, Parking will be prohibJtecl during peak hours on both sicles of this project. ROANOKE agrees that the location, form and character of -informational, regulatory and warning signs, curb and pavement or other markings and traffic signals, installed or placed by any public authority, or other agency, shall conform to the standards as shown in the current edition of the Manual on Uniform Traffic Control Devices or be subject to the approval of the DEPARTMENT. ROANOKE agrees that the location and installation of utility poles, lighting standards, traffic signal poles or any other facility inStalled or placed within the dght of way by any public authority, or other agency, shall conform to VDOT Land Use Permit Manual or be subject to the approval of the DEPARTMENT. ROANOKE agrees to comply with T~le VI of the Civil Rights Act of 1964 and the Virginia Fair Employment Contracting Act, Section 2.1-374 through 2.1-376 of the Code of Virginia (1950), as anlended. ROANOKE agrees to comply with all applicable federal, state and local rules, regulations ;md statutes when work is performed on this project with municipal forces or its agent at project expense. ROANOKE agrees to participate in the actual cost of this project which includes a special provision for price adiustment in accordance with the following tabulation, understanding that the costs shown are estimated anc~ the percentages will De applied to actual costs: ITEM PROJECT COST ROANOKE'S SHARE ESTIMATED COS. T. % Preliminary Engineering Right of Way C-501 (Incl. Reid Office) Incidental, Plantings, and Ughting Items Drainage Ufil~y Items Demolition Signs Temporary Detour & Demolition $ 550,000.00 5 2,461,000.00 2 1,902,441,89 2 643,924.30 100 AMOUNT $ 27,500.00 46,220.00 38,048.84 643,924.30 23,853.44 54. 12,880.86 162,741.90 2 3,254.84 1,229.76 2 24.60 2,440.00 2 48.80 33,900.00 2 678.00 $ 5,781,531.29 '3- $ 775,580.24 IN WITNESS WHEREOF, the parties have hereunto affixed their signatures, the CITY of ROANOKE on the day of ,1994, and the DEPARTMENT on the day of ,1994. ATTEST: CITY OFROANOKE BY BY CITY CLERK CITY MANAGER NOTE: The official signing for the municipality must attach a certified copy of the authority under which this agreement is executed. This agreement is executed in three originals. APPROVED AS TO FORM CITY ATTORNEY COMMONWEALTH OF VIRGINIA, DEPARTMENT OF TRANSPORTATION BY COMMISSIONER ATTAC}D4ENT I ! I FUNDING SUMMARY Ae Estimated Project Cost Less VDOT Share Total City Share Less City Share invoiced (and funded) as of 3/31/94 Estimated City Share Remaining $5,781,531.29 $5,005,951.05 $ 775,580.24 52,461.34 723,118.90 Be Funding Sources Conference Center Account 008-002-9653 General Fund (Transfer of HCC) 001-004-9310 Interest Earnings (Capital Fund) $529,008.00 '32,700.00 161t410.90 $723,118.90 MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk June 27, 1994 File #51 Daniel F. Layman, Jr., Attorney Woods, Rogers & Hazlegrove Dominion Tower Suite 1400 10 S. Jefferson Street Roanoke, Virginia 24011 Dear Mr. Layman: I am enclosing copy of Ordinance No. 32032-062094 rezoning two lots located on the south side of Maddock Avenue, N. E., identified as Official Tax Nos. 3080901 and 3080902, from RM-1, Residential Multi-family, Low Density District, to C-2, General Commercial District. Ordinance No. 32032-062094 was adopted by the Council of the City of Roanoke on first reading on Monday, June 13, 1994, also adopted by the Council on second reading on Monday, June 20, 1994, and will take effect ten days following the date of its second reading. g_.~ ~ ~ ~.~___.Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Eno. pc: Estate of Gertrude Smith, 109 Clover Avenue, N. W., Roanoke, Virginia 24012 Ms. Page M. Pence, 108 Maddock Avenue, N. W., Roanoke, Virginia 24012 Mr. and Mrs. James Perkins, 112 Maddock Avenue, N. W., Roanoke, Virginia 24012 Mr. Wesley E. Hannabass, 106 Thurston Avenue, N. E., Roanoke, Virginia 24012 IN TIlE COUNCIL OF THE CITY OF ROANOKE, The 20th day of June, 1994. No. 32032-062094. VIRGINIA, AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 308, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City. WHEREAS, application has been made to the Council of the City of Roanoke to have the hereinafter described property rezoned from RM-], Residential Multi-family, General Commercial District; and WHEREAS, the City Planning Low Density District, to C-2, Commission, which after giving proper notice to all concerned as required by S36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said applicati, on at its meeting on June 13, 1994, 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 hearings, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that S36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 308 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: Two tracts of land located on the north side of Maddock Avenue, N.E., between Williamson Road and Courtland Avenue, and designated on Sheet No. 308 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Nos. 3080901 and 3080902, be, and are hereby rezoned from RM-1, Residential Multi-family, Low Density District, forth in April 12, in this respect. to C-2, General Commercial District, as more fully set the Petition, filed in the Office of the City Clerk on 1994, and that Sheet No. 308 of the Zone Map be changed ATTEST: City Clerk. Roanoke City Planning Commission lune 13, 1994 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Request from Berglund Chevrolet, Inc., represented by Daniel F. Layman, Jr., attorney, that two (2) lots located on the south side of Maddock Avenue, N.E., identified as Official Tax Nos. 3080901 and 3080902, be rezoned from RM-1, Residential Multifamily, Low Density District to C-2, General Commercial District. ho Purpose of the rezoning request is to place the two (2) lots into a zoning classification that would permit the expansion of the adjoining automobile dealership business onto the property. Bo Petition to rezone was filed on April 12, 1994. No proffers were offered by the petitioner. Co Planning Commission and City Council approved the same rezoning request from the applicant for three (3) lots on the north side of Maddock Avenue and one (1) lot on the south side of Noble Avenue and a street closure for a portion of Maddock Avenue in October and December of 1993. The existing single family residences were relocated by the applicant to other residential areas within the community. No public concerns and comments was voiced at the Planning Commission public hearing in opposition to the rezoning request; however, as a result of an area citizen petition presented to City Council pertaining to this matter, Council continued its first public hearing on the request until the applicant and his attorney had an opportunity to meet with the residents of that area to discuss their concerns. An area meeting was held on December 7, 1993 at the City's Public Works Center located in the immediate neighborhood. Eight residents from the area attended the meeting along with two (2) City staff members and the attorney for the applicant. Concerns and issues discussed were related to the potential or Room 162 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2344 Members of Council Page 2 June 13, 1994 future encroachment (rezonings) into the residential area north of Noble Avenue, the effects of the rezoning on their property values and the quality of life resulting from the rezoning in the adjacent residential area. The meeting concluded with no objection to the proposed rezoning along Maddock Avenue and on the south side of Noble Avenue and the partial street closure with the understandinu that the ao01ieant had no future plans to rmuest rezonim, of any land on the north side of Noble Avenue nor would the City staff u ort s ch a r u st. Plannine Commission public heating was held on May 4, 1994. Mr. Daniel Layman, attorney, appeared before the Commission to speak on behalf of the petitioner. Mr. Layman presented a map of the previous rezonings and street closures that had been requested and approved for the expansion of the auto dealership facility. Mr. Layman concluded his presentation by stating that the current rezoning request was also to facilitate the dealership expansion as well and that all improvements (screening, buffering and cul-de-sac installation for street closure) will be installed as previously proffered. Ms. Dorsey presented the staff report by summarizing the previous rezoning request, the action taken by Planning Commission and City Council and the results of the neighborhood meeting held in response to that request. She then stated that no comments had been received by any property owner in the area, as a result of the notification by the Planning Department, and that the Planning staff recommended approval of the rezoning request based upon the findings as set forth in the report. No one from the audience appeared before the Commission to speak on behalf or in opposition to the rezoning request. II. Issue~: Zoning of the subject property is RM-1, Residential Multifamily, Low Density District. The surrounding zoning pattern in the area is as follows: to the north and immediate south is RM-1, Residential Multifamily, Low Density District; to the east is C-2, General Commercial District and to the west is LM, Light Manufacturing District. Land use of the site is currently two (2) single family detached residences. Surrounding land uses in the area are as follows: to the east is the automobile dealership inventory storage lot; to the north and immediate south are single Members of Council Page 3 June 13, 1994 family detached residences and to the west is the City of Roanoke Public Works Service Center. Access to the property is via the two adjoining public streets, Maddock Avenue and Courtland Avenue. Given the proposed development of the two lots as part of the adjoining automobile sales dealership, no traffic impacts are anticipated. Comprehensive Plan recommends that we encourage appropriate infill commercial development on appropriate sites and minimize land use conflicts. HI. Alternatives: A. Cit Council a rove the rezoning request. Zoning of the subject property would be C-2, General Commercial District and the proposed use and development of the two (2) lots as part of the adjoining automobile dealership would be allowed to take place. Land use would become a part of the existing automobile sales and service dealership facility. Screening and buffering requirements would be set forth along the property boundaries contiguous to the residential property to the immediate south. Access to and from the property can be safely provided by the existing public streets, Maddock Avenue and Courtland Road. No traffic impacts are anticipated from the proposed incorporation of these two (2) lots into the adjoining automobiles sales facility. 4. Comprehensive Plan issue as set forth would be followed. B. ~ the rezoning request. Zoning of the subject property would remain RM-1, Residential Multifamily, Low Density District. The proposed use and development of the two (2) lots as part of the adjoining automobile dealership facility would not be allowed to take place. Land use would remain as is, two (2) single family detached residences available for continued residential use. 3. Access to the site would not be an issue. Members of Council Page 4 June 13, 1994 4. Comprehensive Plan issues as set forth could be followed at a later date. The Planning Commission, by a vote of 6 to 0 (Mr Bradshaw absent) recommended approval of the rezoning request based on the finding that the rezoning would be a logical extension of the adjoining C-2, General Commercial District located to the east of the property and would place all contiguous property under one ownership within the same zoning district classification. Furthermore, that the rezoning would be consistent with good land use principles and practice for zoning and development patterns in this area. CAP:EDD:mpf attachments CC: Assistant City Attorney Director of Public Works City Engineer Building Commissioner Zoning Administrator Economic Development Specialist Attorney for the Petitioner Respectfully submitted, Charles A. Price, Jr., Chairman Roanoke City Planning Commission VIRGINIA: In re: '94 /~,? 12 P !:I?: IN THE COUNCIL OF THE CITY OF ROANOKE Rezoning of Tracts of Land ) Located on the North Side of ) Maddock Avenue, N.E. (Bearing ) Official Tax Nos. 3080901 and ) 3080902), Between Williamson ) Road and Courtland Road, from ) RM-1 to C-2 ) PETITION TO REZONE TO THE HONORABLE MAYOR A/~D MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE (1) Petitioner Berglund Chevrolet, Inc. is the owner of two (2) lots in the City of Roanoke located on the north side of Maddock Avenue, N.E. between Williamson Road and Courtland Road, bearing City of Roanoke Official Tax Nos. 3080901 and 3080902, which lots adjoin other tracts containing a total of 9.194 acres on which petitioner conducts its automobile business. A portion of City Appraisal Map Sheet 308 showing these lots is attached to this petition as Exhibit A. (2) Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, petitioner requests that parcels 3080901 and 3080902 be rezoned from RM-1, Residential Multifamily, to C-2, General Commercial District. (3) Petitioner believes that the requested rezoning will further the intent and purpose of the City's Zoning Ordinance and Comprehensive Plan by continuing the logical extension of an existing C-2 district. The subject lots are part of a peninsula of residentially zoned land extending between a Light M#208293 Manufacturing district on the west (site of the City garage) and a Commercial (C-2) district on the east, site of petitioner's existing facility. Squeezed as they are between industrial and commercial districts, these lots are better suited to commercial than residential use. (4) Attached to this petition as Exhibit B is a list of the names and addresses of the owners (other than petitioner and the City of Roanoke) of all lots immediately adjacent to or across a street from the property to be rezoned, together with the Official Tax Number of each lot. WHEREFORE, petitioner requests that the parcels bearing city of Roanoke Official Tax Nos. 3080901 and 3080902 be rezoned from RM-1 to C-2 in accordance with the provisions of the Zoning Ordinance of the city of Roanoke. Respectfully submitted this i~ktO- day of ~?'.'.~ , 1994. BERGLUND CHEVROLET, INC. By ~ .... - Of Counsel Daniel F. Layman, Jr. Woods, Rogers & Hazlegrove, P. O. Box 14125 Roanoke, VA 24038 (703) 983-7653 Counsel for Petitioner P.L.C. M#208293 2 STREFT CLOVER 'Z EXHIBIT A AVENUE oo Exhibit B 3080812 3080813 3080814 3080912 3080913 Estate of Gertrude S. Smith 109 Clover Avenue, N.E. Roanoke, VA 24012 Page M. Pence 108 Maddock Avenue, N.E. Roanoke, VA 24012 James J. and Eva J. Perkins 112 Maddock Avenue, N.E. Roanoke, VA 24012 Wesley E. Hannabass 106 Thurston Avenue, Roanoke, VA 24012 M#208293 CLOVER NOBLE PROPOSED REZONING RM-1 to C-2 AVENUE NOBLE PROPOSED REZONING RM-1 to C-2 TO THE CITY CLERK OF THE CITY OF ROANOKE;: .~/tR(31lqlA PERTAINING TO THE REZONING REQUEST OF: '% 26 ,l'l Berglund Chevrolet, Official Tax Nos. 3080901 and 3080902, ) AFFIDAVIT Maddock Avenue, N.E., from RM-1 to C-2, ) COMMONWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary of the City of Roanoke Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.1- 341, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 25th day of April, 1994, notices of a public heating to be held on the 4th day of May, 1994, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: Parcel Owner. Agent or Occupant 3080812 Estate of Gertrude S. Smith 3080813 Page M. Pence c/o R 3080814 James J. and Eva J. Perkins 3080912 3080913 Wesley E. Hannabass Address 109 Clover Avenue, NE Roanoke, VA 24012 108 Maddock Avenue, NE Roanoke, VA 24012 ll2MaddockAvenue, NE Roanoke, VA 24012 106 Thurston Avenue, NE Roanoke, VA 24012 Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 25th day of April, 1994. Notary Public My Commission Expires: ?/_ .. MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke. Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk May 27, 1994 File #51 Daniel F. Layman, Jr., Attorney Woods, Rogers & Hazlegrove Dominion Tower Suite 1400 10 S. Jefferson Street Roanoke, Virginia 24011 Dear Mr. Layman: Pursuant to Resolution No. 25523 adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 6, 1981, a public hearing will be held on Monday, June 13, 1994, at 7:30 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W., on a request of Bergiund Chevrolet, Inc., that two tracts of land located on the north side of Maddock Avenue, N. E., between Williamson Road and Courtland Avenue, N. E., identified as Official Tax Nos. 3080901 and 3080902, be rezoned from RM-1, Residential Multi-family, Low Density District, to C-2, General Commercial District. For your information, I am enclosing copy of a notice of the public hearing, an Ordinance and a report of the City Planning Commission with regard to the request for rezoning. Please review the documents and if you have questions, you may contact Steven J. Talevi, Assistant City Attorney, at 981-2431. Questions with regard to the Planning Commission report should be directed to John R. Marlles, Chief of Community Planning, at 981-2344. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: s m June Enc. Daniel F. Layman, Jr., Attorney May 27, 1994 Page 2 pc.' Estate of Gertrude Smith, 109 Clover Avenue, N. W., Roanoke, Virginia 24012 Ms. Page M. Pence, 108 Maddock Avenue, N. W., Roanoke, Virginia 24012 Mr. and Mrs. James Perkins, 112 Maddock Avenue, N. W., Roanoke, Virginia 24012 Mr. Wesley E. Hannabass, 106 Thurston Avenue, N. E., Roanoke, Virginia 24012 '94 ~l ri{ NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant to the provisions of Article VII of Chapter 36.1, Code of the City of Roanoke (1979), as amended, the Council of the City of Roanoke will hold a Public Hearing on Monday, June 13, 1994, at 7:30 p.m., in the Council Chamber in the Municipal Building, 215 Church Avenue, S.W., on the question of rezoning from RM-1, Residential Multifamily, Low Density District, to C-2, General Commercial District, the following property: Two tracts of land located on the north side of Maddock Avenue, N.E., between Williamson Road and Courtland Avenue, and bearing Official Tax Nos. 3080901 and 3080902. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. All parties in interest may appear on the above date and be heard on the question. GIVEN under my hand this 25~hday of May , 1994. Mary F. Parker, City Clerk. Publish in the Roanoke Times and World-News, once on Friday, May 27, 1994, and once on Friday, June 3, 1994. Send publisher's affidavit to: Mary F. Parker, City Clerk Room 456, Municipal Building 215 Church Avenue, S. W. Roanoke, Virginia 24011-1536 Send bill to: Daniel F. Layman, Jr., Attorney Woods, Rogers and Hazlegrove P. O. Box 14125 Roanoke, Virginia 24038 NOTICE OF PUBLIC HEARING BEFORE THE ROANOI~TC~Y PLANNING COMMISSION TC, WHOM IT MAY CONCERN: '94 ~P, 18 The Roanoke City Planning Commission will hold a public heating on Wednesday, May 4, 1994, at 1:30 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S.W., in order to consider the following: Request from Berglund Chevrolet, Inc., represented by Daniel F. Layman, Jr., attorney, that tracts of land located on the north side of Maddock Avenue, N.E,. beating Official Tax Nos. 3080901 and 3080902, be rezoned from RM-1, Residential Multifamily Low Density District, to C-2, General Commercial District. A copy of said application is available for review in the Office of Community Planning, Room 162, Municipal Building. All parties in interest and citizens may appear on the above date and be heard on the matter. Martha P. Franklin, Secretary Roanoke City Planning Commission Please print in newspaper on Tuesday, April 19, 1994, and Tuesday, April 26, 1994. Please bill: Daniel F. Layman, Jr. Woods, Rogers & Hazlegrove, PLC P. O. Box 14125 Roanoke, VA 24038 (703) 983-7653 Please send affidavit of publication to: Office of Community Planning Room 162, Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, $.W., Room 456 Roanoke, Virginia 2~11 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk April 13, 1994 File #51 Charles A. Price, Jr., Chairperson City Planning Commission Roanoke, Virginia Dear Mr. Price: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a petition from Daniel F. Layman, Jr., Attorney, representing Bergiund Chevrolet, Inc., requesting that two parcels of land located on the north side of Maddock Avenue, N. E., between Williamson Road and Courtland Road, N. E., identified as Official Tax Nos. 3080901 and 3080902, be rezoned from RM-1, Residential Multi-family District, to C-2, General Commercial District. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm r/bergiund. 1 Enc. pc: The Honorable Mayor and Members of the Roanoke City Council Daniel F. Layman, Jr., Attorney, Woods, Rogers & Hazlegrove, Dominion Tower, Suite 1400, 10 S. Jefferson Street, Roanoke, Virginia 24011 John R. Marlles, Agent, City Planning Commission Evelyn D. Dorsey, Acting Zoning Administrator Ronald H. Miller, Building Commissioner Steven J. Talevi, Assistant City Attorney MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 June 27, 1994 File #51 SANDRA H. EAKIN Deputy City Clerk Donald L. Wetherington, Attorney Wetherington and Melchionna P. O. Box 90 Roanoke, Virginia 24002 Dear Mr. Wetherington: I am enclosing copy of Ordinance No. 32033-062094 rezoning two tracts of land, one located at the northwest intersection of 4th Street and Mountain Avenue, S. E., and the other located at the southwest intersection of the same intersection, and identified as Official Tax Nos. 4021001 and 4020326, from LM, Light Manufacturing District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner. Ordinance No. 32033-062094 was adopted by the Council of the City of Roanoke on first reading on Monday, June 13, 1994, also adopted by the Council on second reading on Monday, June 20, 1994, and will take effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. pc-' The Evelyn Lewis Cayton Revocable Trust Agreement, 3630 Parkwood Drive, S. W., Roanoke, Virginia 24018 Mr. and Mrs. Duel V. Burnett, 3035 Bradshaw Road, Salem, Virginia 24153 Baker Performance Chemicals, 9494 S. Freeway, Suite 412, Houston, Texas 77074 Seven-Up Bottling Co., P. O. Box 777, Roanoke, Virginia 24022 Commonwealth of Virginia Department of Transportation, Salem District Office, 731 Harrison Avenue, Salem, Virginia 24153 C. E. & H. M. Corporation, 325-B Elm Avenue, S. E. Roanoke, Virginia 24013 ' Mr. and Mrs. William S. Emory and Mr. and Mrs. R. Jack Richards, 813 Franklin Road, S. W., Roanoke, Virginia 24016 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of June, 1994. No. 32033-062094. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 402, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. WHEREAS, application has been made to the Council of the City of Roanoke to have the hereinafter described property rezoned from LM, Light Manufacturing District, to C-2, General Commercial District, subject to certain conditions proffered by the applicant; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by S36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said application at its meeting on June 13, 1994, 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 §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 402 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: Two tracts of land, one located at the northwest intersection of 4th Street, S.E., and Mountain Avenue, S.E., and the other located at the southwest intersection of the same intersection, and designated on Sheet No. 402 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Nos. 4021001 and 4020326, be, and is hereby rezoned from LM, Light Manufacturing District, to C-2 General Commercial District, subject to the proffers set out in the Second Amended Petition filed June 1, 1994, and that Sheet No. 402 of the Zone Map be changed in this respect. ATTEST: City Clerk. Roanoke City Planning Commission June 13, 1994 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Request from John A. Bright and William T. Bright, represented by Donald L. Wetherington, attorney, that two (2) tracts of land located at the northwest and southwest comers of 4th Street and Mountain Avenue, S.E., identified as Official Tax Map Nos. 4021001 and 4020326, be rezoned from LM, Light Manufacturing District to C-2, General Commercial District, subject to certain conditions proffered by the petitioners. I. Background: Ao Purpose of the rezoning request is to provide for the improvement and adaption of the existing three (3) story building into a variety of compatible uses, including mini-warehouse storage, general offices, a restaurant operation, retail uses and manufacturing and processing facilities with accessory retail sales. Petition to rezone was filed on April 13, 1994. The following conditions were proffered by the petitioners: The vacant tract, identified as Official Tax Map. No. 4020326, would not be used except for vehicle parking and for the location of signs that otherwise comply with applicable ordinances of the City of Roanoke. No use will be permitted as a principal use of any part of the Building Tract, identified as Official Tax Map No. 4021001, except those uses specified in this condition, each of which is currently allowed under the C-2, General Commercial District zoning classification. For convenience of reference, the subdivision number of each specified use as it appears in Section 36.1 - 206 and Section 36.1 - 207 of the Code of the City of Roanoke (1979), as amended, appears at the end of each specified use: Room 162 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2344 Members of Council Page 2 June 13, 1994 (i) Dwellings located above ground floor nonresidential uses (1). (ii) Libraries, museums, art galleries and art studios and other similar uses including associated educational and instructional activities (8). (iii) Indoor recreational uses including bowling alleys, indoor tennis courts, squash courts, fitness centers and other similar uses (17). (iv) General and professional offices including financial institutions (23). (v) Restaurants (28). General retail establishments primarily engaged in the retail sale or rental of merchandise, goods, or products except automobiles, trucks, or construction equipment; and including the incidental repair and assembly of merchandise, goods or products to be sold on the premises (31). (vii) Establishments primarily engaged in the rental (but not sale) of automobiles, trucks, and construction equipment and including the incidental repair and maintenance of vehicles where the lot area is greater than twenty thousand (20,000) square feet (37). (viii) Storage and warehouse activities which are accessory to a retail use where all storage activities are wholly enclosed in a building which is located on the same lot as the retail use and where the gross floor area of buildings used for storage activities does not exceed fifty (50) percent of the gross floor area of the retail use (43). (In addition to the permitted uses previously listed, the following uses with special exceptions issued by the City Board of Zoning Appeals pursuant to Section 36.1- 207 of the Code of the City of Roanoke (1979), as amended): (i) Mini-warehouses provided that the total gross floor area of storage buildings shall not exceed twelve thousand (12,000) square feet (Special Exception Use 6). (ii) Manufacturing, assembly, mixing, processing or other processes which are accessory to a retail use, where all such activities are Members of Council Page 3 June 13, 1994 wholly enclosed in the same building as the retail use and where no more than five (5) people are involved in such processes on the premises (special Exception Use 8). Plannine Commission public hearing was held on Wednesday, May 4, 1994. Mr. Donald Weatherington, attorney, appeared before the Commission on behalf of the petitioners. Mr. Weatherington stated that the objective of the rezoning and the following agenda item, request for street closure, was to end up with a single parcel of land for his clients to establish a variety of commercial and some light industrial uses within the existing warehouse type/industrial building. Mr. Weatherington proceeded to review the proffered conditions (uses) as set forth in the rezoning petition and informed the Commission that applications had been filed for the Board of Zoning Appeals to legitimize the continuation of the existing silk screening T-shirt printing operation, including its storage warehousing and incidental retail sales, and to allow for mini-storage warehouse in a portion of the building. Mr. Weatherington concluded his presentation by stating that the only response he had received from the neighbors and adjoining property owners in the area had been favorable as to the rezoning request. Ms. Dorsey presented the staff report. She informed the Commission that the proposed rezoning was a unique concept for mixed uses within an existing building located in close proximity to the downtown area. Ms. Dorsey further explained that the petitioners were trying to adaptively reuse an existing, outdated three (3) story industrial building to promote some light manufacturing uses in conjunction with some related retail commercial uses. She further stated that given the design or internal configuration and location of the building, it was no longer conducive for larger industrial uses and the City's Office of Economic Development supported the request for those reasons. Mrs. Dorsey further stated that the staff was in agreement with the revisions to the proffered conditions and recommended approval of the request based on the findings as set forth in the report. No one from the audience appeared before the Commission to speak on behalf or in opposition to the request. Considerable discussion took place between members of the Commission, Mr. Weatherington and staff regarding the possible use of the vacant lot included in the rezoning request, any exterior alteration or treatment of the existing building proposed for adaptive reuse and the amount, type, size and location of any signage for the building and its possible multiple tenants in relation to its visibility from the Roy Webber Expressway. The discussion concluded with the Members of Council Page 4 June 13, 1994 Commission members and the attorney representing the petitioners agreeing that a uniform color, design and possible size for signage would be addressed by the property owners and staff and written as a proffered condition as part of the rezoning request prior to its presentation to City Council. The overall discussion resulted in the deletion of one (1) proffered condition and the addition of three (3) new proffers to the rezoning petition as reflected in item E as follows. First amended ~tition to rezone was filed on May 26, 1944. The following conditions were proffered by the petitioners: The vacant tract, identified as Official Tax Map. No. 4020326, would not be used except for vehicle parking and for the location of signs that otherwise comply with applicable ordinances of the City of Roanoke. No use will be permitted as a principal use of any part of the Building Tract, identified as Official Tax Map No. 4021001, except those uses specified in this condition, each of which is currently allowed under the C-2, General Commercial District zoning classification. For convenience of reference, the subdivision number of each specified use as it appears in Section 36.1 - 206 and Section 36.1 - 207 of the Code of the City of Roanoke (1979), as amended, appears at the end of each specified use: (i) Libraries, museums, art galleries and art studios and other similar uses including associated educational and instructional activities (8). (ii) Indoor recreational uses including bowling alleys, indoor tennis courts, squash courts, fitness centers and other similar uses (17). (iii) General and professional offices including financial institutions (23). (iv) General service establishments primarily engaged in the repair or maintenance of goods or items except automobiles, trucks or construction equipment, and including the provision of business and personal services and other similar uses (26). However, no parts and equipment other than vehicles and trailers will be stored outside the building. (v) Restaurants (28). (vi) General retail establishments primarily engaged in the retail sale Members of Council Page 5 June 13, 1994 or rental of merchandise, goods, or products except automobiles, trucks, or construction equipment; and including the incidental repair and assembly of merchandise, goods or products to be sold on the premises (31). (vii) Establishments primarily engaged in the rental (but not sale) of automobiles, tracks, and construction equipment and including the incidental repair and maintenance of vehicles where the lot area is greater than twenty thousand (20,000) square feet (37). (viii) Storage and warehouse activities which are accessory to a retail use where all storage activities are wholly enclosed in a building which is located on the same lot as the retail use and where the gross floor area of buildings used for storage activities does not exceed fifty (50) percent of the gross floor area of the retail use (43). (In addition to the permitted uses previously listed, the following uses with special exceptions issued by the City Board of Zoning Appeals pursuant to Section 36.1- 207 of the Code of the City of Roanoke (1979), as amended): (i) Mini-warehouses provided that the total gross floor area of storage buildings shall not exceed twelve thousand (12,000) square feet (Special Exception Use 6). (ii) Manufacturing, assembly, mixing, processing or other processes which are accessory to a retail use, where all such activities are wholly enclosed in the same building as the retail use and where no more than five (5) people are involved in such processes on the premises (special Exception Use 8). Co No outdoor advertising will be permitted on either the vacant tract or building tract. The term "outdoor advertising" does not include advertising by the owner, a tenant or other lawful occupant of any part of the building tract. do The existing free-standing sign with a predominant yellow background will be repainted within sixty (60) days of rezoning to contain a background of same color other than the existing yellow or any neon or day-glo color. eo The building will not be painted except with one or more earth-tone or neutral colors. Members of Council Page 6 lune 13, 1994 The placement of signs on the building will be subject to the conditions in this paragraph. The free-standing sign of approximately 308 square feet, including a replacement or adaptation thereof, but with a repainted background as described in item (d) above, can be resituated from time to time and can be affixed to the building. Signs related to a particular business operation or activity within the building can be placed above or near the outside entrance to the space within which such activity or business is conducted. All other signs will be situated within a single perimeter, a concept of which appears as Exhibit D attached hereto. Signs will not be limited in size or number to the particular configuration shown on the exhibit, but the concept of unity and symmetry will be maintained. Temporary signs or banners will be permitted elsewhere on the building in accordance with sign regulations of the City of Roanoke. II. Issue~: Zonine of the subject property is LM, Light Manufacturing District. The surrounding zoning pattern in the area is as follows: to the immediate north, south and west is LM, Light Manufacturing District; to the northeast is C-2, General Commercial District; and to the east and southeast are RM-1 and RM-2 Residential Multifamily Districts. Land use of the subject property is currently a three (3) story industrial building with a silkscreen processing business, including incidental office, storage and retail operations, located in a small portion of the building and a graveled lot used for customer parking. Surrounding land uses in the area are as follows: to the immediate north and northeast are several highway oriented commercial uses facing Elm Avenue; to the northeast and southwest is vacant, undeveloped industrially zoned land; to the south is a mixture of commercial and industrial uses and storage facilities; and to the east and southeast are single family dwellings. Co Access to the property is from the adjoining public street, 4th Street. The City Traffic Engineer has stated that no traffic impacts are anticipated from the proposed redevelopment of the site for commercial and industrial purposes. Industrial land in the City has been identified as a valuable economic asset and should be protected. However, given the location and physical constraints of the subject property, coupled with the structural layout and configuration of the existing industrial building located on the larger tract of the subject property and the fact that the property lies within the floodplain, this area is not considered valuable for future industrial development or redevelopment. Members of Council Page 7 June 13, 1994 E. Comprehensive Plan recommends: Commercial development is carefully evaluated to ensure minimal conflict with residential areas and to promote good land use; 2. Encourage appropriate infill development or redevelopment of areas. HI. Alternatives: A. City Council aoprove the rezoning request. Zoning of the subject property would become conditional, C-2, General Commercial District and the proposed use and redevelopment of the site as a multi-use commemial and light industrial facility would be allowed to take place. Land use would be a mixture of commercial (retail/service) and light industrial activities more compatible with the existing, non-residential adjoining land uses in the area. Landscaping requirements would be imposed as part of the site development plan review of the off-street parking area (smaller tract of the subject property). Access to and from the site can safely be provided by the adjoining public street, 4th Street. The City Traffic Engineer has stated that given the proposed adaptive reuse of the property and street access, no traffic impacts are anticipated from this development. Industrial land, although not preserved for future industrial development or redevelopment, is appropriately developed given the location and physical constraints of the property. 5. Comprehensive Plan issue as set forth would be followed. B. City Council deny the rezoning request. Zoning of the subject property would remain LM, Light Manufacturing District. The proposed redevelopment of the subject property with a mixture of retail/service commercial activities and some light manufacturing and storage facilities would not be allowed to take place. The existing silkscreen processing operation, including its supportive office, storage and incidental retail sales, could continue as a permitted use in this zoning district and the balance of the existing three (3) story Members of Council Page 8 June 13, 1994 industrial building would remain vacant and available only for those uses permitted in the LM, Light Manufacturing District. o Land use would remain a relatively vacant, under utilized developed property available for future light industrial uses at this location. 3. Access to the site would not be an issue. Industrial land remains protected despite the fact that the subject property has been determined by the Office of Economic Development as being unsuitable nor conducive for future industrial development or redevelopment. 5. Comprehensive Plan issue as set forth could be followed at a later date. IV. Recommendation: The Planning Commission, by a vote of 6 to 0 (Mr. Bradshaw absent), recommended anproval of the requested rezoning, with the amended proffers, based on the finding that the rezoning would be a keeping with the recommendation as set forth in the Comprehensive Plan and that the subject property, based upon the physical constraints of the site (size and configuration of the existing building and being located within the floodplain), the property is more suitable for a mixed use development than for industrial purposes. Respectfully submitted, Charles A. Price, Jr., Chairman Roanoke City Planning Commission EDD:mpf attachments CC' Assistant City Attorney Director of Public Works City Engineer Building Commissioner Zoning Administrator Economic Development Specialist Attorney for the Petitioners VIRGINIA: IN THE COUNCIL OF THE CITY OF ROANOKE Re: Rezoning of two tracts of land, one at the northwest intersection of 4th Street, S.E. and Mountain Avenue, S.E. and the other (907 4th Street, S.E.) at the southwest inter- section of the same streets, from LM, Light Manufacturing District to C-2, General Commercial District, subject to certain conditions FIRST AMENDED PETITION TO REZONE TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: 1. John A. the petitioners, Roanoke, Virginia. Bright and William T. Bright (the "Brights"), own two (2) tracts of land in the City of The larger tract ("Building Tract") consists of lots 20 through 32 and a part of Lot 33, Section 2, Map of P. E. Koontz, as shown on Exhibit A. The Building Tract is designated by the Official Tax Number 4021001. The smaller tract ("Vacant Tract") is situated north of the Building Tract and across a segment of Mountain Avenue, S.E. that extends between the two. The Vacant Tract, cross-hatched on Exhibit B, is designated by Official Tax Number 4020326. The total lot area requested for rezoning is 2.261 acres, according to Real Estate Valuation records 2. Both tracts Manufacturing District. of the City of Roanoke. are presently zoned LM, Light The relative location of these properties and the classification and extent of adjacent zoning districts are shown on Exhibit S. 3. The Building Tract is currently used in part for a silkscreen processing facility, for storage and for related office purposes. Much of the floor area in the building is not used. The Brights wish to improve the building and adapt the building for a variety of compatible purposes and uses, including mini-warehouse storage, general offices, a restaurant operation, retail uses and manufacturing and processing facilities accessory to the retail uses. The Brights also wish to have flexibility in the future to use the property for other commercial purposes consistent with the character of the area. 4. The Brights request that the property be rezoned from LM, Light Manufacturing District to C-2, General Commercial District, subject to the following conditions: (a) The Vacant Tract, identified as Official Tax Map No. 4020326,would not be used except for vehicle parking and for the location of signs that otherwise comply with applicable ordinances of the City of Roanoke. (b) No use will be permitted as a principal use on any part of the Building Tract, identified as Official Tax Map No. 4021001, except those uses specified in this condition, each of which is currently allowed under the C-2, General Commercial District zoning classification. For convenience of reference, the subdivision number of each specified use as it appears in Section 36.1-206 and Section 2 36.1-207 of the Code of the City of Roanoke (1979), as amended, appears at the end of each specified use: (i Libraries, museums, art galleries and art studios and other similar uses including associated educational and instructional activities (8). (ii Indoor recreational uses including bowling alleys, indoor tennis courts, squash courts, fitness centers and other similar uses (17). (iii General and professional offices including financial institutions (23). (iv General service establishments primarily engaged in the repair or maintenance of goods or items except automobiles, trucks or construction equipment, and including the provision of business and personal services and other similar uses (26). However, no parts and equipment other than vehicles and trailers will be stored outside the building. (v) Restaurants (28). (vi) General retail establishments primarily engaged in the retail sale or rental of merchandise, goods, or products except automobiles, trucks , or construction equipment; and including the incidental repair and assembly of merchandise, goods or products to be sold on the premises (31). (vii) Establishments primarily engaged in the rental but not sale of automobiles, trucks, and construction equipment and including the incidental repair and 3 maintenance of vehicles where the lot area is greater than twenty thousand (20,000) square feet (37). (viii) Storage and warehouse activities which are accessory to a retail use where all storage activities are wholly enclosed in a building which is located on the same lot as the retail use and where the gross floor area of buildings used for storage activities does not exceed fifty (50) percent of the gross floor area of the retail use (43). (In addition to the permitted uses previously listed, the following uses with special exceptions issued by the City Board of Zoning Appeals pursuant to Section 36.1-207 of the Code of the City of Roanoke (1979), as amended): (i) Mini-warehouses provided that the total gross floor area of storage buildings shall not exceed twelve thousand (12,000) square feet (Special Exception Use 6). (ii) Manufacturing, assembly, mixing, processing or other processes which are accessory to a retail use, where all such activities are wholly enclosed in the same building as the retail use and where no more than five (5) people are involved in such processes on the premises (Special Exception Use 8). (c) No outdoor advertising will be permitted on either the Vacant Tract or Building Tract. The term "outdoor advertising" does not include advertising by the owner, a tenant or other lawful occupant of any part of the Building Tract. (d) The existing free-standing sign with a predominant yellow background will be repainted within 4 sixty (60) days of rezoning to contain a background of some color other than the existing yellow or any neon or day-glo color. (e) The building will not be painted except with one or more earth-tone or neutral colors. (f) The placement of signs on the building will be subject to the conditions in this paragraph. The free-standing sign of approximately 308 square feet, including a replacement or adaptation thereof, but with a repainted background as described in item (d) above, can be resituated from time to time and can be affixed to the building. Signs related to a particular business operation or activity within the building can be placed above or near the outside entrance to the space within which such activity or business is conducted. All other signs will be situated within a single perimeter or panel, a concept of which appears as Exhibit D attached hereto. Signs will not be limited in size or number to the particular configuration shown on the exhibit and the perimeter or panel will not be limited to the dimensions shown on the exhibit, but the concept of unity and symmetry will be maintained. Temporary signs or banners will be permitted elsewhere on the building in accordance with sign regulations of the City of Roanoke. 5 5. By a separate application, the Brights have requested that a portion of Mountain Avenue, S.E. that separates the Building Tract and Vacant Tract be vacated, discontinued and closed. The Brights request that the portion of the street for which vacation is sought be also zoned C-2, General Commercial District, subject to all of the conditions hereinabove proffered. 6. Rezontng these tracts as requested will further the intent and purpose of the City's Zoning Ordinance and its comprehensive plan by facilitating the creation of a convenient, harmonious and attractive community while encouraging and promoting economic development activities that provide desirable employment and enlarge the tax base. 7. Attached as Exhibit C are the names and addresses of the owners of all property adjacent to the properties for which rezoning is requested. WHEREFORE, John A. Bright and William T. Bright, by counsel, request that the above-described tracts be rezoned as requested in accordance with applicable provisions of the Zoning Ordinance of the City of Roanoke. Respectively submitted, John A. Bright and William T. Bright By:~ Don~herington// of Counsel ~ Donald L. Wetherington Wetherington & Melchionna Post Office Box 90 Roanoke, Virginia 24002 (703) 982-3800 Counsel for Petitioners 213402-1.264\1.snc 7 EXHIBIT A pt. AT EZONED BY ORD. 3. 29931-22090 .M TO C-I {EZONED BY ORD.~/~ I0. 30134-72390 .M TO C-I EXHIBIT B 32 q.020,~2'7 EXHIBIT C OWNERS AND ADDRESSES PROPERTIES ADJACENT TO TAX MAP NOS. 4021001 and 4020326 Tax Map No. 4021112 4021113 4021602 4021901 4021914 4021915 4021027 4021025 4021024 4021022 4021019. Property Address 914 Fourth St. 920 Fourth St. Pt. Lots 2-3 B. 3 Highland Ave. Pt. Lots 4-5, B.3 401 Highland Ave. 1018 Fourth St. Three One-Half St. Lots 16, 17, 18, 19 Fourth St. Three One-Half St. Pt. Lot 15, B.2 Koontz .Three One-Half St. Pt. Lot 14, B.2 Koontz Three One-Half St. Lot 12,13, Pt.ll B.2, Koontz Three One-Half St. Lot 1.0, Pt.9 &'ll Koontz Taxpayer's Address The Evelyn Lewis Cayton Revocable Trust Agreement 3630 Parkwood Drive, S.W. Roanoke, VA 24018 The Evelyn Lewis Cayton Revocable Trust Agreement 3630 Parkwood Drive, S.W. Roanoke, VA 24018 Duel V. Burnett Barbara H. Burnett 3035 Bradshaw Road Salem, VA 24153 The Evelyn Lewis Cayton Revocable Trust Agreement 3630 Parkwood Drive, S.W. Roanoke VK- 24018 Baker Performance Chemicals 9494 S. Freeway, Ste. 412 Houston TX 77074 Baker Performance Chemicals 9494 S. Freeway, Ste. 412 Houston TX 77074 Seven-Up P.O. Box Roanoke Bottling Co. 777 VA 24022 Seven-Up Bottling Co. P.O. Box 777 Roanoke VA 24022 Seven-Up Bottling Co. P.O. Box 777 Roanoke VA 24022 Seven-Up Bottling Co. P.O. Box 777 Roanoke VA 24022 Commonwealth of VA 3 1/2 Street, S.W. Roanoke VA 24000 4021018 4021016 4020317 4020423 4020426 4020427 4021108 Three One-Half St. Lot 8 & 9, B. 9 Koontz Three One-Half St. Pt. Lot 5-8, B.2 Koontz 325 A Elm Ave. 824 Fourth St. Fourth St. B.2, McGhee Fourth St. Unnumbered Lot B. 2, McGhee 403 Mountain Ave. Commonwealth of VA 3 1/2 Street, S.W. Roanoke, VA 24000 Commonwealth of VA 3 1/2 Street, S,W. Roanoke, VA 24000 C E & H M Corporation 325-B Elm Avenue Roanoke, VA 24013 Baker Performance Chemicals 9494 S. Freeway, Ste. 412 Houston, TX 77074 John A. Bright Susan R. Bright P.O. Box 460 Summersville, WV 26651 John A. Bright Susan R. Bright P.O. Box 460 Summersvillg, WV 26651 William S. & Nancy C. Emory R. Jack & Dorothy T. Richards 813 Franklin Road Roanoke, VA 24016 EXHIBIT D TOTAL P.Ol PROPOSED REZONIN_ G _,LM to C2 ~ .\ ~EZONED BY ORD. NO. 29951-2 2.090 kM TO C-t REZONED BY ORD?'-vv, NO. ~01.%4-72590 LM TO C*I 2 \ PROPOSED PROPOSED REZONING LM to C-2 MARY F, City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Vir~nia 24011 Telephone: (703) 981 ~2541 SANDRA H. EAKIN Deputy City Clerk May 27, 1994 File #51 Donald L. Wetherington, Attorney Wetherington and Melchionna P. O. Box 90 Roanoke, Virginia 24002 Dear Mr. Wetherington: Pursuant to Resolution No. 25523 adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 6, 1981, a public hearing will be held on Monday, June 13, 1994, at 7:30 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W., on a request of John A. Bright and William T. Bright that two tracts of land, one located at the northwest intersection of 4th Street and Mountain Avenue, S. E., and the other located at the southwest intersection of the same intersection, and identified as Official Tax Nos. 4021001 and 4020326, be rezoned from LM, Light Manufacturing District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner. For your information, I am enclosing copy of a notice of the public hearing, an Ordinance and a report of the City Planning Commission with regard to the request for rezoning. Please review the documents and if you have questions, you may contact Steven J. Talevi, Assistant City Attorney, at 981-2431. Questions with regard to the Planning Commission report should be directed to John R. Marlles, Chief of Community Planning, at 981-2344. Sincerely, _~ Mary F. Parker, CMC/AAE City Clerk MFP: sm June Ene. MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk June 1, 1994 File #51 Charles A. Price, Jr., Chairperson City Planning Commission Roanoke, Virginia Dear Mr. Price: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a second amended petition from Donald L. Wetherington, Attorney, representing John A. Bright and William T. Bright, requesting that two tracts of land, one located at the northwest intersection of 4th Street and Mountain Avenue, S. E., and the other located at the southwest intersection of the same intersection, be rezoned from LM, Light Manufacturing District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm r/bright Enc. po: The Honorable Mayor and Members of the Roanoke City Council The Honorable John H. Parrott, Council Member-Elect The Honorable Linda F. Wyatt, Council Member-Elect Donald L. Wetherington. Attorney, Wetherington and Melchionna, P. O. Box 90, Roanoke, Virginia 24002 John R. Marlles, Agent, City Planning Commission Evelyn D. Dorsey, Acting Zoning Administrator Ronald H. Miller, Building Commissioner Steven J. Talevi, Assistant City Attorney VIRGINIA: IN THE COUNCIL OF THE CITY OF ROANOKE Re: Rezoning of two tracts of land, one at the northwest intersection of 4th Street, S.E. and Mountain Avenue, S.E. and the other (907 4th Street, S.E.) at the southwest inter- section of the same streets, from LM, Light Manufacturing District to C-2, General Commercial District, subject to certain conditions SECOND AMENDED PETITION TO REZONE TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: 1. John A. Bright and William T. Bright (the "Brights"), the petitioners, own two (2) tracts of land in the City of Roanoke, Virginia. The larger tract ("Building Tract") consists of lots 20 through 32 and a part of Lot 33, Section 2, Map of P. E. Koontz, as shown on Exhibit A. The Building Tract is designated by the Official Tax Number 4021001. The smaller tract ("Vacant Tract") is situated north of the Building Tract and across a segment of Mountain Avenue, S.E. that extends between the two. The Vacant Tract, cross-hatched on Exhibit B, is designated by Official Tax Number 4020326. The total lot area requested for rezoning is 2.261 acres, according to Real Estate Valuation records of the City of Roanoke. 2. Both tracts are presently zoned LM, Light Manufacturing District. The relative location of these properties and the classification and extent of adjacent zoning districts are shown on Exhibit B. LM, Light District, 3. The Building Tract is currently used in part for a silkscreen processing facility, for storage and for related office purposes. Much of the floor area in the building is not used. The Brights wish to improve the building and adapt the building for a variety of compatible purposes and uses, including mini-warehouse storage, general offices, a restaurant operation, retail uses and manufacturing and processing facilities accessory to the retail uses. The Brights also wish to have flexibility in the future to use the property for other commercial purposes consistent with the character of the area. The Brights request that the property be rezoned from Manufacturing District to C-2, General Commercial subject to the following conditions: (a) The Vacant Tract, identified as Official Tax Map No. 4020326,would not be used except for vehicle parking and for the location of signs that otherwise comply with applicable ordinances of the City of Roanoke. (b) No use will be permitted as a principal use of the Building Tract, identified as except those uses each of which is General Commercial on any part Official Tax Map No. 4021001, specified in this condition, currently allowed under the C-2, District zoning classification. For convenience of reference, the subdivision number of each specified use as it appears in Section 36.1-206 and Section 36.1-207 of the Code of the City of Roanoke (1979), as amended, appears at the end of each specified use: (i) Libraries, museums, art galleries and art studios and other similar uses including associated educational and instructional activities (8). (ii) Indoor recreational uses including bowling alleys, indoor tennis courts, squash courts, fitness centers and other similar uses (17). (iii) General and professional offices including financial institutions (23). (iv) General service establishments primarily engaged in the repair or maintenance of goods or items except automobiles, trucks or construction equipment, and including the provision of business and personal services and other similar uses (26). However, no parts and equipment other than vehicles and trailers will be stored outside the building. (v) Restaurants (28). (vi) General retail establishments primarily engaged in the retail sale or rental of merchandise, goods, or products except automobiles, trucks , or construction equipment; and including the incidental repair and assembly of merchandise, goods or products to be sold on the premises (31). (vii) Establishments primarily engaged in the rental but not sale of automobiles, trucks, and construction equipment and including the incidental repair and 3 maintenance of vehicles where the lot area is greater than twenty thousand (20,000) square feet (37). (viii) Storage and warehouse activities which are accessory to a retail use where all storage activities are wholly enclosed in a building which is located on the same lot as the retail use and where the gross floor area of buildings used for storage activities does not exceed fifty (50) percent of the gross floor area of the retail use (43). (In addition to the permitted uses previously listed, the following uses with special exceptions issued by the City Board of Zoning Appeals pursuant to Section 36.1-207 of the Code of the City of Roanoke (1979), as amended): (i) Mini-warehouses provided that the total gross floor area of storage buildings shall not exceed twelve thousand (12,000) square feet (Special Exception Use 6). (ii) Manufacturing, assembly, mixing, processing or other processes which are accessory to a retail use, where all such activities are wholly enclosed in the same building as the retail use and where no more than five (5) people are involved in such processes on the premises (Special Exception Use 8). (c) No outdoor advertising will be permitted on either the Vacant Tract or Building Tract. The term "outdoor advertising" does not include advertising by the owner, a tenant or other lawful occupant of any part of the Building Tract. (d) The existing free-standing sign with a predominant yellow background will be repainted within sixty (60) days of rezoning to contain a background of some color other than the existing yellow or any neon or day-glo color. (e) The building will not be painted except with one or more earth-tone or neutral colors. (f) The placement of signs on the building will be subject to the conditions in this paragraph. The free-standing sign of approximately 308 square feet, including a replacement or adaptation thereof, but with a repainted background as described in item (d) above, can be resituated from time to time and can be affixed to the building. Signs related to a particular business operation or activity within the building can be placed above or near the outside entrance to the space within which such activity or business is conducted. All other signs will be situated within a single perimeter or panel, a concept of which appears as Exhibit D attached hereto. Signs will not be limited in size or number to the particular configuration shown on the exhibit and the perimeter or panel will not be limited to the dimensions shown on the exhibit, but the concept of unity and symmetry will be maintained. Temporary signs and banners will be permitted elsewhere on the building. All signs, including the free-standing sign and any temporary signs and banners will comply with sign regulations of the City of 5. By a separate application, that a portion of Mountain Avenue, Building Tract and Vacant Tract be Roanoke. the Brights have requested S.E. that separates the vacated, discontinued and closed. The Brights request that the portion of the street for which vacation is sought be also zoned C-2, General Commercial subject to all of the conditions hereinabove District, proffered. 6. Rezoning these tracts as requested will further the intent and purpose of the City's Zoning Ordinance and its comprehensive plan by facilitating the creation of a convenient, harmonious and attractive community while encouraging and promoting economic development activities that provide desirable employment and enlarge the tax base. 7. Attached as Exhibit C are the names and addresses of the owners of all property adjacent to the properties for which rezoning is requested. WHEREFORE, John A. Bright and William T. Bright, by counsel, request that the above-described tracts be rezoned as requested in accordance with applicable provisions of the Zoning Ordinance of the City of Roanoke. Respectively submitted, John A. Bright and William T. Bright By: ~ of Counsel ~/ Donald L. Wetherington Wetherington & Melchionna Post Office Box 90 Roanoke, Virginia 24002 (703) 982-3800 Counsel for Petitioners MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 213 Church Avenue, S.W., Room 436 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk May 27, 1994 File #51 Charles A. Price, Jr., Chairperson City Planning Commission Roanoke, Virginia Dear Mr. Price: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of an amended petition from Donald L. Wetherington, Attorney, representing John A. Bright and William T. Bright, requesting that two tracts of land, one located at the northwest intersection of 4th Street and Mountain Avenue, S. E., and the other located at the southwest intersection of the same intersection, be rezoned from LM, Light Manufacturing District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm r/bright Enc. pc; The Honorable Mayor and Members of the Roanoke City Council The Honorable John H. Parrott, Council Member-Elect The Honorable Linda F. Wyatt, Council Member-Elect Donald L. Wetherington, Attorney, Wetherington and Melchionna, P. O. Box 90, Roanoke, Virginia 24002 John R. Marl]es, Agent, City Planning Commission Evelyn D. Dorsey, Acting Zoning Administrator Ronald H. Miller, Building Commissioner Steven J. Talevi, Assistant City Attorney VIRGINIA: Re: Rezoning of two tracts of land, one at the northwest intersection of 4th Street, S.E. and Mountain Avenue, S.E. and the other (907 4th Street, S.E.) at the southwest inter- section of the same streets, from LM, Light Manufacturing District to C-2, General Commercial District, subject to certain conditions FIRST AMENDED PETITION TO REZONE TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: 1. John A. Bright and William T. Bright (the "Brights"), the petitioners, own two (2) tracts of land in the City of Roanoke, Virginia. The larger tract ("Building Tract") consists of lots 20 through 32 and a part of Lot 33, Section 2, Map of P. E. Koontz, as shown on Exhibit A. The Building Tract is designated by the Official Tax Number 4021001. The smaller tract ("Vacant Tract") is situated north of the Building Tract and across a segment of Mountain Avenue, S.E. that extends between the two. The Vacant Tract, cross-hatched on Exhibit B, is designated by Official Tax Number 4020326. The total lot area requested for rezoning is 2.261 acres, according to Real Estate Valuation records of the City of Roanoke. 2. Both tracts are presently zoned LM, Light Manufacturing District. The relative location of these properties and the classification and extent of adjacent zoning districts are shown on Exhibit B. 3. The Building Tract is currently used in part for a silkscreen processing facility, for storage and for related office purposes. Much of the floor area in the building is not used. The Brights wish to improve the building and adapt the building for a variety of compatible purposes and uses, including mini-warehouse storage, general offices, a restaurant operation, retail uses and manufacturing and processing facilities accessory to the retail uses. The Brights also wish to have flexibility in the future to use the property for other commercial purposes consistent with the character of the area. 4. The Brights request that the property be rezoned from LM, Light Manufacturing District to C-2, General Commercial District, subject to the following conditions: (a) The Vacant Tract, identified as Official Tax Map No. 4020326,would not be used except for vehicle parking and for the location of signs that otherwise comply with applicable ordinances of the City of Roanoke. (b) No use will be permitted as a principal use on any part of the Building Tract, identified as Official Tax specified currently except those uses each of which is General Commercial For convenience of Map No. 4021001, in this condition, allowed under the C-2, District zoning classification. reference, the subdivision number of each specified use as it appears in Section 36.1-206 and Section 2 36.1-207 of the Code of the City of Roanoke (1979), as amended, appears at the end of each specified use: (i) Libraries, museums, art galleries and art studios and other similar uses including associated educational and instructional activities (8). (ii) Indoor recreational uses including bowling alleys, indoor tennis courts, squash courts, fitness centers and other similar uses (17). (iii) General and professional offices including financial institutions (23). (iv) General service establishments primarily engaged in the repair or maintenance of goods or items except automobiles, trucks or construction equipment, and including the provision of business and personal services and other similar uses (26). However, no parts and equipment other than vehicles and trailers will be stored outside the building. (v) Restaurants (28). (vi) General retail establishments primarily engaged in the retail sale or rental of merchandise, goods, or products except automobiles, trucks , or construction equipment; and including the incidental repair and assembly of merchandise, goods or products to be sold on the premises (31). (vii) Establishments primarily engaged in the rental but not sale of automobiles, trucks, and construction equipment and including the incidental repair and 3 maintenance of vehicles where the lot area is greater than twenty thousand (20,000) square feet (37). (viii) Storage and warehouse activities which are accessory to a retail use where all storage activities are wholly enclosed in a building which is located on the same lot as the retail use and where the gross floor area of buildings used for storage activities does not exceed fifty (50) percent of the gross floor area of the retail use (43). (In addition to the permitted uses previously listed, the following uses with special exceptions issued by the City Board of Zoning Appeals pursuant to Section 36.1-207 of the Code of the City of Roanoke (1979), as amended): (i) Mini-warehouses provided that the total gross floor area of storage buildings shall not exceed twelve thousand (12,000) square feet (Special Exception Use 6). (ii) Manufacturing, assembly, mixing, processing or other processes which are accessory to a retail use, where all such activities are wholly enclosed in the same building as the retail use and where no more than five (5) people are involved in such processes on the premises (Special Exception Use 8). (c) No outdoor advertising will be permitted on either the Vacant Tract or Building Tract. The term "outdoor advertising" does not include advertising by the owner, a tenant or other lawful occupant of any part of the Building Tract. (d) The existing free-standing sign with a predominant yellow background will be repainted within 4 sixty (60) days of rezoning to contain a background of some color other than the existing yellow or any neon or day-glo color. (e) The building will not be painted except with one or more earth-tone or neutral colors. (f) The placement of signs on the building will be subject to the conditions in this paragraph. The free-standing sign of approximately 308 square feet, including a replacement or adaptation thereof, but with a repainted background as described in item (d) above, can be resituated from time to time and can be affixed to the building. Signs related to a particular business operation or activity within the building can be placed above or near the outside entrance to the space within which such activity or business is conducted. All other signs will be situated within a single perimeter or panel, a concept of which appears as Exhibit D attached hereto. Signs will not be limited in size or number to the particular configuration shown on the exhibit and the perimeter or panel will not be limited to the dimensions shown on the exhibit, but the concept of unity and symmetry will be maintained. Temporary signs or banners will be permitted elsewhere on the building in accordance with sign regulations of the City of Roanoke. 5 5. By a separate application, the Brights have requested that a portion of Mountain Avenue, S.E. that separates the Building Tract and Vacant Tract be vacated, discontinued and closed. The Brights request that the portion of the street for which vacation is sought be also zoned C-2, General Commercial District, subject to all of the conditions hereinabove proffered. 6. Rezoning these tracts as requested will further the intent and purpose of the City's Zoning Ordinance and its comprehensive plan by facilitating the creation of a convenient, harmonious and attractive community while encouraging and promoting economic development activities that provide desirable employment and enlarge the tax base. 7. Attached as Exhibit C are the names and addresses of the owners of all property adjacent to the properties for which rezoning is requested. WHEREFORE, John A. Bright and William T. Bright, by counsel, request that the above-described tracts be rezoned as requested in accordance with applicable provisions of the Zoning Ordinance of the City of Roanoke. Respectively submitted, John A. Bright and William T. Bright of Counsel Donald L. Wetherington Wetherington & Melchionna Post Office Box 90 Roanoke, Virginia 24002 (703) 982-3800 Counsel for Petitioners 213402-1. 264% 1. snc EXHIBIT A pi_AT I1 EZONED BY ORD. 3. 29951- 2 2090 .M TO C-I {EZONED BY ORD.~''~/'~ I0. 30134-72390 .M .TO C-I 2.5 ~4 .\ EXHIBIT C OWNERS AND ADDRESSES PROPERTIES ADJACENT TO TAX MAP NOS. 4021001 and 4020326 Tax Map No. 4021112 4021113 4021602 4021901 4021914 4021915 4021027 4021025 4021024 4021022 4021019. Property Address 914 Fourth St. 920 Fourth St. Pt. Lots 2-3 B. 3 Highland Ave. Pt. Lots 4-5, B.3 401 Highland Ave. 1018 Fourth St. Three One-Half St. Lots 16, 17, 18, 19 Fourth St. Three One-Half St. Pt. Lot 15, B.2 Koontz .Three One-Half St. Pt. Lot 14, B.2 Koontz Three One-Half St. Lot 12,13, Pt.ll B.2, Koontz Three One-Half St. Lot 1.0, Pt.9 & 11 Koontz Taxpayer ' s Address The Evelyn Lewis Cayton Revocable Trust Agreement 3630 Parkwood Drive, $.W. Roanoke, VA 24018 The Evelyn Lewis Cayton Revocable Trust Agreement 3630 Parkwood Drive, $.W. Roanoke, VA 24018 Duel V. Burnett Barbara H. Burnett 3035 Bradshaw Road Salem, VA 24153 The Evelyn Lewis Cayton Revocable Trust Agreement 3630 Parkwood Drive, S.W. Roanoke, VA- 24018 Baker Performance Chemicals 9494 S. Freeway, Ste. 412 Houston, TX 77074 Baker Performance Chemicals 9494 S. Freeway, Ste. 412 Houston, TX 77074 Seven-Up Bottling Co. P.O. Box 777 Roanoke, VA 24022 Seven-Up Bottling Co. P.O. Box 777 Roanoke, VA 24022 Seven-Up Bottling Co. P.O. Box 777 Roanoke, VA 24022 Seven-Up Bottling Co. P.O. Box 777 Roanoke, VA 24022 Commonwealth of VA 3 1/2 Street, S.W. Roanoke, VA 24000 4021018 4021016 4020317 4020423 4020426 4020427 4021108 Three One-Half St. Lot 8 & 9, B. 9 Koontz Three One-Half St. Pt. Lot 5-8, B.2 Koontz 325 A Elm Ave. 824 Fourth St. Fourth St. B.2, McGhee Fourth St. Unnumbered Lot B. 2, McGhee 403 Mountain Ave. Commonwealth of VA 3 1/2 Street, S.W. Roanoke, VA 24000 Commonwealth of VA 3 1/2 Street, S.W. Roanoke, VA 24000 C E & H M Corporation 325-B Elm Avenue Roanoke, VA 24013 Baker Performance Chemicals 9494 S. Freeway, Ste. 412 Houston, TX 77074 John A. Bright Susan R. Bright P.O. Box 460 Summersville, WV 26651 John A. Bright Susan R. Bright P.O. Box 460 Summersville, WV 26651 William S. & Nancy C. Emory R. Jack & Dorothy T. Richards 813 Franklin Road Roanoke, VA 24016 213402ZN.TPO\7 _ EXHIBIT D ~ TOTAL P,O1 LItY ~ NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant to the provisions of Article VII of Chapter 36.1, Code of the City of Roanoke (1979), as amended, the Council of the City of Roanoke will hold a Public Hearing on Monday, June 13, 1994, at 7:30 p.m., in the Council Chamber in the Municipal Building, 215 Church Avenue, S.W., on the question of rezoning from LM, Light Manufacturing District, to C-2, General Commercial District, the following property: Two tracts of land, one located at the northwest intersection of 4th Street, S.E., and Mountain Avenue, S.E., and the other located at the southwest intersection of the same intersection, and bearing Official Tax Nos. 4021001 and 4020326, such rezoning to be subject to certain proffered conditions. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. All parties in interest may appear on the above date and be heard on the question. GIVEN under my hand this 25thday of May , 1994. Mary F. Parker, City Clerk. Publish in the Roanoke Times and World-News, once on Friday, May 27, 1994, and once on Friday, June 3, 1994. Send publisher's affidavit to: Send bill to: Mary F. Parker, City Clerk Room 456, Municipal Building 215 Church Avenue, S. W. Roanoke, Virginia 24011-1536 Donald L. Wetherington, Attorney Wetherington and Melchionna P. O. Box 90 Roanoke, Virginia 24002 TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE REZONING REQUEST ~1~?' John A. Bright and William T. Bright, Offit~fl q~ ~lSs. ~1001 ) and 4020326, 4th and Mountain Avenue, S.E., from LM to C-2, )AFFIDAVIT conditional ) COMMONWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary of the City of Roanoke Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.1- 341, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 25th day of April, 1994, notices of a public hearing to be held on the 4th day of May, 1994, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: Parcel Owner. Aeent or Occuoant Address 4021112 4021113 4021901 The Evelyn Lewis Cayton Revocable Trust Agreement 3630 Parkwood Drive, SW Roanoke, VA 24018 4021602 Duel V. Bumett Barbara H. Bumett 3035 Bradshaw Road Salem, VA 24153 4021914 4021915 4020423 Baker Performance Chemicals 9494 S. Freeway, Ste. 412 Houston, TX 77074 4021027 Seven UpBotting Co. P.O. Box 777 4021025 Roanoke, VA 24022 4021024 4021022 4021019 4021018 4021016 Commonwealth of VA Department of Transportation Salem District Office 731 Harrison Avenue Salem, VA 24153 4020317 C E & H M Corporation 325-B Elm Avenue Roanoke, VA 24013 4021108 William S. and Nancy C. Emory 813 Frankln Road, SW R. Jack and Dorothy T. Richards Roanoke, VA 24016 Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 25th day of April, 1994. Notar~ Public My Commission Expires: N~'~TICE OF PUBLIC HEARING BEFORE THE R~i~NOKE CITY PLANNING COMMISSION TO WHOM IT MAY CONCERN: The Roanoke City Planning Commission will hold a public hearing on Wednesday, May 4, 1994, at 1:30 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S.W., in order to consider the following: Request from John A. Bright and William T. Bright, represented by Donald L. Wetherington, attorney, that properties located at the northwest and southwest corners of 4th Street, S.E, and Mountain Avenue, S.E., designated as Official Tax Nos. 4021001 and 4020326, be rezoned from LM, Light Manufacturing District, to C-2, General Commercial District, such rezoning to be subject to certain conditions proffered by the petitioner. A copy of said application is available for review ha the Office of Community Planning, Room 162, Municipal Building. All parties in interest and citizens may appear on the above date and be heard on the matter. Martha P. Franklin, Secreta~ Roanoke City Planning Commission' Please print in newspaper on Tuesday, April 19, 1994, and Tuesday, April 26, 1994. Please bill: Donald L. Wetherington Wetherington & Melchionna P. O. Box 90 Roanoke, VA 24002 (703) 982-3800 Please send affidavit of publication to: Office of Community Planning Room 162, Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 MARY £. P~ ~it¥ Cl~ CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk April 13, 1994 File #51 Charles A. Price, Jr., Chairperson City Planning Commission Roanoke, Virginia Dear Mr. Price: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a petition from Donald L. Wetherington, Attorney, representing John A. Bright and William T. Bright, requesting that two tracts of land, the first tract being located at the northwest intersection of Fourth Street and Mountain Avenue, S. E., consisting of Lots 20 - 32, inclusive, and a part of Lot 33, Section 2, Map of P. E. Koontz, and designated as Official Tax No. 4021001; and the second tract being located at 907 Fourth Street, S. E., designated as Official Tax No. 4020326, be rezoned from LM, Light Manufacturing District, to C-2, General Commercial District. Sincerely, Mary F. Parker, City Clerk CMC/AAE MFP: sm r/bright gnc. pc: The Honorable Mayor and Members of the Roanoke City Council Donald L. Wetherington, Attorney, Wetherington and Melchionna, P. O. Box 90, Roanoke, Virginia 24002 John R. Marlles, Agent, City Planning Commission Evelyn D. Dorsey, Acting Zoning Administrator Ronald H. Miller, Building Commissioner Steven J. Talevi, Assistant City Attorney VIRGINIA: IN THE COUNCIL OF THE CITY OF ROANOKE Re: Rezoning of two tracts of land, one at the northwest intersection of 4th Street, S.E. and Mountain Avenue, S.E. and the other (907 4th Street, S.E.) at the southwest inter- section of the same streets, from LM, Light Manufacturing District to C-2, General Commercial District, subject to certain conditions PETITION TO REZONE TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: 1. John A. Bright and William T. Bright (the "Brights"), the petitioners, own two (2) tracts of land in the City of Roanoke, Virginia. The larger tract ("Building Tract") consists of lots 20 through 32 and a part of Lot 33, Section 2, Map of P. E. Koontz, as shown on Exhibit A. The Building Tract is designated by the Official Tax Number 4021001. The smaller tract ("Vacant Tract") is situated north of the Building Tract and across a segment of Mountain Avenue, S.E. that extends between the two. The Vacant Tract, cross-hatched on Exhibit B, is designated by Official Tax Number 4020326. The total lot area requested for rezoning is 2.261 acres, according to Real Estate Valuation records 2. Both tracts Manufacturing District. of the City of Roanoke. are presently zoned LM, Light The relative location of these properties and the classification and extent of adjacent zoning districts are shown on Exhibit B. 3. The Building Tract is currently used in part for a silkscreen processing facility, for storage and for related office purposes. Much of the floor area in the building is not used. The Brights wish to improve the building and adapt the building for a variety of compatible purposes and uses, including mini-warehouse storage, general offices, a restaurant operation, retail uses and manufacturing and processing facilities accessory to the retail uses. The Brights also wish to have flexibility in the future to use the property for other commercial purposes consistent with the character of the area. 4. The Brights request that the property be rezoned from LM, Light Manufacturing District to C-2, General Commercial District, subject to the following conditions: (a) The Vacant Tract, identified as Official Tax Map No. 4020326,would not be used except for vehicle parking and for the location of signs that otherwise comply with applicable ordinances of the City of Roanoke. (b) No use will be permitted as a principal use on any part of the Building Tract, identified as Official Tax Map No. 4021001, except those uses specified in this condition, each of which is currently allowed under the C-2, General Commercial District zoning classification. For convenience of reference, the subdivision number of each specified use as it appears in Section 36.1-206 and Section 2 36.1-207 of the Code of the City of Roanoke (1979), as amended, appears at the end of each specified use: (i) Dwellings located above ground floor nonresidential uses (1). (ii) Libraries, museums, art galleries and art studios and other similar uses including associated educational and instructional activities (8). (iii) Indoor recreational uses including bowling alleys, indoor tennis courts, squash courts, fitness centers and other similar uses (17). (iv) General and professional offices including financial institutions (23). (v) Restaurants (28). (vi) General retail establishments primarily engaged in the retail sale or rental of merchandise, goods, or products except automobiles , trucks , or construction equipment; and including the incidental repair and assembly of merchandise, goods or products to be sold on the premises (31). (vii) (viii) Establishments primarily engaged in the rental (but not sale) of automobiles, trucks, and construction equipment and including the incidental repair and maintenance of vehicles where the lot area is greater than twenty thousand (20,000) square feet (37). Storage and warehouse activities which are accessory to a retail use where all storage activities are wholly enclosed in a building which is located on the same lot as the retail use and where the gross floor area of buildings used for 3 storage activities does not exceed fifty (50) percent of the gross floor area of the retail use (43). (In addition to the permitted uses previously listed, the following uses with special exceptions issued by the City Board of Zoning Appeals pursuant to Section 36.1-207 of the Code of the City of Roanoke (1979), as amended): (i) Mini-warehouses provided that the total gross floor area of storage buildings shall not exceed twelve thousand (12,000) square feet (Special Exception Use 6). (ii) Manufacturing, assembly, mixing, processing or other processes which are accessory to a retail use, where all such activities are wholly enclosed in the same building as the retail use and where no more than five (5) people are involved in such processes on the premises (Special Exception Use 8). 5. By a separate application, the Brights have requested that a portion of Mountain Avenue, S.E. that separates the Building Tract and Vacant Tract be vacated, discontinued and closed. The Brights request that the portion of the street for which vacation is sought be also zoned C-2, General Commercial District, subject to all of the conditions hereinabove proffered. 6. Rezoning these tracts as requested will further the intent and purpose of the City's Zoning Ordinance and its comprehensive plan by facilitating the creation of a convenient, harmonious and attractive community while encouraging and promoting economic development activities that provide desirable employment and enlarge the tax base. 4 7. Attached as Exhibit C are the names and addresses of the owners of all property adjacent to the properties for which rezoning is requested. WHEREFORE, John A. Bright and William T. Bright, by counsel, request that the above-described tracts be rezoned as requested in accordance with applicable provisions of the Zoning Ordinance of the City of Roanoke. Respectively submitted, John A. Bright and William T. Bright D°~u~s~thering~ Donald L. Wetherington Wetherington & Melchionna Post Office Box 90 Roanoke, Virginia 24002 (703) 982-3800 Counsel for Petitioners EXHIBIT A F~.~T I ~EZONED BY 10. :30134-72390 .M TO C-I 3.4 EXHIBIT C OWNERS AND ADDRESSES PROPERTIES ADJACENT TO TAX MAP NOS. 4021001 and 4020326 Tax Map No. 4021112 4021113 4021602 4021901 4021914 4021915 4021027 4021025 4021024 4021022 4021019 Property Address 914 Fourth St. 920 Fourth St. Pt. Lots 2-3 B. 3 Highland Ave. Pt. Lots 4-5, B.3 401 Highland Ave. 1018 Fourth St. Three One-Half St. Lots 16, 17, 18, 19 Fourth St. Three One-Half St. Pt. Lot 15, B.2 Koontz Three One-Half St. Pt. Lot 14, B.2 Koontz Three One-Half St. Lot 12,13, Pt.ll B.2, Koontz Three One-Half St. Lot 10, Pt.9 & 11 Koontz Taxpayer's Address The Evelyn Lewis Cayton Revocable Trust Agreement 3630 Parkwood Drive, S.W. Roanoke, VA 24018 The Evelyn Lewis Cayton Revocable Trust Agreement 3630 Parkwood Drive, S.W. Roanoke, VA 24018 Duel V. Burnett Barbara H. Burnett 3035 Bradshaw Road Salem, VA 24153 The Evelyn Lewis Cayton Revocable Trust Agreement 3630 Parkwood Drive, S.W. Roanoke, VA 24018 Baker Performance Chemicals 9494 S. Freeway, Ste. 412 Houston, TX 77074 Baker Performance Chemicals 9494 S. Freeway, Ste. 412 Houston, TX 77074 Seven-Up Bottling Co. P.O. Box 777 Roanoke, VA 24022 Seven-Up Bottling Co. P.O. Box 777 Roanoke, VA 24022 Seven-Up Bottling Co. P.O. Box 777 Roanoke, VA 24022 Seven-Up Bottling Co. P.O. Box 777 Roanoke, VA 24022 Commonwealth of VA 3 1/2 Street, S.W. Roanoke, VA 24000 4021018 4021016 4020317 4020423 4020426 4020427 4021108 Three One-Half St. Lot 8 & 9, B. 9 Koontz Three One-Half St. Pt. Lot 5-8, B.2 Koontz 325 A Elm Ave. 824 Fourth St. Fourth St. B.2, McGhee Fourth St. Unnumbered Lot B. 2, McGhee 403 Mountain Ave. Commonwealth of VA 3 1/2 Street, S.W. Roanoke, VA 24000 Commonwealth of VA 3 1/2 Street, S.W. Roanoke, VA 24000 C E & H M Corporation 325-B Elm Avenue Roanoke, VA 24013 Baker Performance Chemicals 9494 S. Freeway, Ste. 412 Houston, TX 77074 John A. Bright Susan R. Bright P.O. Box 460 Summersville, WV 26651 John A. Bright Susan R. Bright P.O. Box 460 Sumraersville, WV 26651 William S. & Nancy C. Emory R. Jack & Dorothy T. Richards 813 Franklin Road Roanoke, VA 24016 213402ZN. TPO\7 MARY F. PARKER, CMC/AAE Cily Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-254i SANDRA H. EAKIN Deputy City Clerk June 27, 1994 File #514 Donald L. Wetherington, Attorney Wetherington and Melchionna P. O. Box 90 Roanoke, Virginia 24002 Dear Mr. Wetherington: I am enclosing copy of Ordinance No. 32034-062094 permanently vacating, discontinuing and closing that section of Mountain Avenue, S. E., bounded on the west by the right-of-way of Interstate 581 and U.S. 220, on the east by the western line of the right-of-way of 4th Street, S. E., on the south by the northern boundary of Official Tax No. 4021001, and on the north by the southern boundary of Official Tax No. 4020326. Ordinance No. 32034-062094 was adopted by the Council of the City of Roanoke on first reading on Monday, June 13, 1994, also adopted by the Council on second reading on Monday, June 20, 1994, and will take effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Eno. MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W. Room 456 Roanoke. Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk June 27, 1994 File #514 The Honorable Arthur B. Crush, III Clerk of Circuit Court Roanoke, Virginia Dear Mr. Crush: I am attaching copy of Ordinance No. 32034-062094, for proper recordation in your office, permanently vacating, discontinuing and closing that section of Mountain Avenue, S. E., bounded on the west by the right-of-way of Interstate 581 and U. S. 220, on the east by the western line of the right-of-way of 4th Street, S. E., on the south by the northern boundary of Official Tax No. 4021001, and on the north by the southern boundary of Official Tax No. 4020326. Ordinance No. 32034-062094 was adopteu by the Council of the City of Roanoke on first reading on Monday, June 13, 1994, also adopted by the Council on second reading on Monday, June 20, 1994, and will take effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. pc: Donald L. Wetherington, Attorney, Wetherington and Melchionna, P. O. Box 90, Roanoke, Virginia 2400 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of June, 1994. No. 32034-062094. AN ORDINANCE permanently vacating, discontinuing and closing certain public right-of-way in the City of Roanoke, Virginia, as are more particularly described hereinafter. WHEREAS, the John A. Bright and William T. Bright, filed an application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close the public right-of-way described 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 application by the City Council on June 13, 1994, after due and timely notice thereof as required by S30-14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on said application; and WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing said public right-of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: That section of Mountain Avenue, S.Eo, bounded on the west by the right-of-way of 1-581 and U.S. 220, on the east by the western line of the right-of-way of 4th Street, S.E., on the south by the northern boundary of Tax No.4021001 and on the north by the southern boundary of Tax No. 4020326, 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 right-of-way, reserving however, to the City of Roanoke and any public utility, including, specifically, without limitation, providers to or for the public of cable television, electricity, natural gas or telephone service, an easement for sewer and water mains, television cable, electric wires, gas lines, telephone lines, and related facilities that may now be located in or across said public right-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 right-of-way of any such municipal installation or other utility or facility by the owner thereof. BE IT FURTHER ORDAINED that the closure of the above-described right-of-way is conditioned upon applicant's submitting to the City, receiving approval of, and recording a subdivision plat, providing for the disposition of the land within the right-of-way, to be vacated, in a manner consistent with the requirements of Chapter 31, Subdivision, retention of appropriate public passage over the same, repair and general maintenance exist within said right-of-way; of the City Code, and providing for the easements, together with the right of for the purpose of construction, of any and ali utilities that may and in the event these conditions have not been met and the said plat has not been recorded in the Office of the Clerk of Circuit Court within twelve (12) months from the effective date of this ordinance, this ordinance shall become null and void with no further action by City Council being necessary. BE IT FURTHER ORDAINED that the City Engineer be, and he is, directed to mark "permanently vacated" on said public right-of-way on all maps and plats on file in his office on which said right-of- way is shown, referring to the book and page of ordinances and resolutions of the Council of the City of Roanoke, Virginia, wherein this ordinance shall be spread. BE IT FINALLY ORDAINED that the Clerk of the Council deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation in the Deed Books of said Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of John A. Bright and William T. Bright, and the names of any other parties in interest who may so request, as Grantees. ATTEST: City Clerk. Roanoke City Planning Commission June 13, 1994 The Honorable David A. Bowers, Mayor and Members City Council Roanoke, Virginia Dear Members of Council: Subject: Application of John A. Bright and William T. Bright to close and permanently vacate a section of Mountain Avenue, S.E., extending between property bearing Official Tax Nos. 4021001 and 4020326. Application to close and permanently vacate the above-described section of Mountain Avenue, S.E., was received on April 15, 1994. Street section is paved, extends in a westerly direction from 4th Street, S.E. for an approximate distance of 240 feet, and dead-ends at the north/south boundary of U.S. 220/Webber Expressway. Street section right-of-way is 50' in width. Applicants own all of the properties abutting both sides of the strut requested for closure. II. Current Situation: Street section requested for closure is a dead-end right-of-way that provides no access benefits to other properties or general traffic in the area. Street section serves and provides access, parking and loading purposes of the abutting property owners(applicants) only. Am~licants own the properties abutting both sides of the street section requested for closure. Planning Commission public hearing on the request was held on May 4, 1994. There was no one present in either opposition or support of the request. Room 162 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2344 Members of Council Page 2 June 13, 1994 III. Issues: A. B. C. D. E. F. IV. Community impact. Traffic impact. Utilities within the right-of-way. Creation of a dead-end street. Land use. Relationship to the comprehensive plan. Alternativev: Approve the applicant's request to close and permanently vacate the described section of Mountain Avenue, S.E., subject to the conditions outlined in Part V. of this report. 1. Community impact: Closure will have no impact on the community. 2. Traffic imnact: Closure will have no impact on traffic needs. 3. Utilities within the public right-of-way: a. City has utilities within the public right-of-way. b. Public utilities are located within the right-of-way. 4. Creation of a dead-end street: Closure will not create a dead-end street. 5. Land use: Closure will create a 50' wide, 240' long parcel of land. Land is located in a light manufacturing (LM) district which requires all lots to have a minimum of 100 feet of street frontage. Land within the vacated right-of-way should be combined with abutting properties to avoid the creation of a substandard lot. 6. Relationship to the comnrehensive plan: Request is consistent with the intent of the comprehensive plan that available land be used in the most appropriate manner: a. Street section is not needed or used for public access. Members of Council Page 3 June 13, 1994 bo Street section functions solely to provide access, parking and loading needs of the applicant. Applicants can utilize the land within the right-of-way in a more efficient manner if vacated. Bo Deny the applicant's request to close and permanently vacate the described section of Mountain Avenue, S.E. 1. Community impact would not be an issue. 2. Traffic impact would not be an issue. 3. Utilities within the t>ublic right-of-way would not be an issue. 4. Creation of a dead-end ~treet would not be an issue. Land use: This section of Mountain Avenue is not used or needed for public access purposes. Retaining land within the boundaries of unused and unnecessary public rights-of-way would be contrary to sound planning and land use principles. Relationship to the comorehensive plan: Retaining the land as a public street right-of-way would be inconsistent with the intent of the comprehensive plan that available land be used in the most appropriate manner. V. Recommendation: Planning Commission, by a vote of 6-0 (Mr. Bradshaw absent) recommends that City Council approve the applicant's request to close and permanently vacate the described section of Mountain Avenue, S.E., subject to the following conditions: ho The applicant shall submit to the City, receive approval of, and record with the Clerk of Circuit Court a subdivision plat providing thereon for the following: The disposition of the property within the vacated fight-of-way in a manner consistent with the requirements of Chapter 31, Subdivisions, of the City Code (1979). Retention of appropriate easements for any and all utilities that may be located within the right-of-way, together with the right of public passage Members of Council Page 4 June 13, 1994 for surface and subsurface installation, repair and maintenance of such utilities. If the above-cited conditions have not been met within a period of 12 months from the date of the ordinance providing for closure of the subject street, then said ordinance shall become null and void with no further action by City Council being necessary. Respectfully submitted, Charles A. Price, Jr., Chairman Roanoke City Planning Commission JRM:ERT:mpf attachments cc: Assistant City Attorney Director of Public Works City Engineer Building Commissioner Attorney for the Petitioner VIRGINIA: IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Application of John A. Bright and William T. Bright for Vacation of a Portion of Mountain Avenue, S.E. APPLICATION FOR VACATING~ DISCONTINUING AND CLOSING OF A PORTION OF MOUNTAIN AVENUEt S.E. MEMBERS OF COUNCIL: John A. Bright and William T. Bright, by counsel, apply to have the following portion of Mountain Avenue, S.E., in the City of Roanoke, Virginia, permanently vacated, discontinued and closed, pursuant to Virginia Code Section 15.1-364 and Section 30-14, Code of the City of Roanoke (1979), as amended. This portion of Mountain Avenue, S.E. is bounded on the west by the right-of-way of Interstate 581 and U.S. 220, on the east by the western line of the right-of-way of 4th Street, $.E., on the south by the northern boundary of Tax Map No. 4021001 and on the north by the southern boundary of Tax Map No. 4020326. This segment of Mountain Avenue, S.E. is more clearly shown on the excerpt from the Tax Maps of the City of Roanoke attached as Exhibit A. 1. This segment of Mountain Avenue, S.E. provides no through access to the public, inasmuch as its western terminus is a dead end at the right-of-way of Interstate 581 and U.S. 220. The public-at-large will not be inconvenienced or burdened by the vacation. Wethenngton 2. The applicants are the only adjacent property owners on the north and south sides of this segment of Mountain Avenue, S.E. 3. The applicants vacation here applied for. WHEREFORE, John respectfully request Mountain Avenue, S.E. are aware of no objection to the Roanoke, Virginia, in accordance with Virginia Code 15.1-364 and Section 30-14, Code of the City of Roanoke as amended. A. Bright and William T. Bright that the above-described portion of be vacated by the Council of the City of Section (1979), Respectfully submitted, John A. Bright and William T. Bright By:,~ of Counsel April 13~ 1994 Date Donald L. Wetherington Wetherington & Melchionna Post Office Box 90 Roanoke, Virginia 24002 (703) 982-3800 Counsel for Petitioners ~th~l-il3~oll 213402-1.206\1. sn= ~ Mc~h~nna 2 EXHIBIT A EZONED BY ORD. ~). 299'51-22090. .M TO C-I :EZONED BY ORD.~'~/~ I0. :50154-77.:590,, .M TO C-I .0 ~"4020¢ .',,TG ORD. :090 590 X :G PROPOSED STREET CLOSURE ~V£. MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2~11 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk May 27, 1994 File #514 Donald L. Wetherington, Attorney Wetherington and Melchionna P. O. Box 90 Roanoke, Virginia 24002 Dear Mr. Wetherington: Pursuant to Resolution No. 25523 adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 6, 1981, a public hearing will be held on Monday, June 13, 1994, at 7:30 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W., on a request of John A. Bright and William T. Bright that a section of Mountain Avenue, S. E., bounded on the west by the right-of-way of Interstate 581 and U.S. 220, on the east by the western line of the right-of-way of 4th Street, S. E., on the south by the northern boundary of Official Tax No. 4021001, and on the north by the southern boundary of Official Tax No. 4020326, be permanently vacated, discontinued and closed. For your information, I am enclosing copy of a notice of the public hearing, an Ordinance and a report of the City Planning Commission with regard to the request for street closure. Please review the documents and if you have questions, you may contact Steven J. Talevi, Assistant City Attorney, at 981-2431. Questions with regard to the Planning Commission report should be directed to John R. Marlles, Chief of Community Planning, at 981-2344. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm June Enc. CIiY b t, ~h,~ NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: The Council of the City of Roanoke will hold a Public Hearing on Monday, June 13, 1994, at 7:30 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber in the Municipal Building, 215 Church Avenue, S.W., on an application to permanently abandon, vacate, discontinue and close the following public right- of-way: That section of Mountain Avenue, S.E., bounded on the west by the right-of-way of 1-581 and U.S. 220, on the east by the western line of the right-of-way of 4th Street,S.E., on the south by the northern boundary of Tax No. 4021001 and on the north by the southern boundary of Tax No. 4020326. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. All parties in interest may appear on the above date and be heard on the question. GIVEN under my hand this 2Stray of May , 1994. Mary F. Parker, City Clerk. Publish in the Roanoke Times and World-News, once on Friday, May 27, 1994, and once on Friday, June 3, 1994. Send publisher's affidavit to: Send bill to: Mary F. Parker, City Clerk Room 456, Municipal Building 215 Church Avenue, S. W. Roanoke, Virginia 24011-1536 Donald L. Wetherington, Attorney Wetherington and Melchionna P. O. Box 90 Roanoke, Virginia 24002 MARY F. PAIHCFR City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN l~puty City Clerk April 13, 1994 File #514 Charles A. Price, Jr., Chairperson City Planning Commission Roanoke, Virginia Dear Mr. Price: Pursuant to Section 30-14, Procedure for altering or vacating City streets or alleys; fees therefor, of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of an application from Donald L. Wetherington, Attorney, representing John A. Bright and William T. Bright, requesting that a portion of Mountain Avenue, S. W., bounded on the west by the right-of-way of Interstate 581 and U.S. 220, on the east by the western line of the right-of-way of 4th Street, S. E., on the south by the northern boundary of Official Tax No. 4021001, and on the north by the southern boundary of Official Tax No. 4020326, be permanently vacated, discontinued and closed. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm a/bright Ene. pc: The Honorable Mayor and Members of the Roanoke City Council Donald L. Wetherington, Attorney, Wetherington and Melchionna, P. O. Box 90, Roanoke, Virginia 24002 John R. Marlles, Agent, City Planning Commission Evelyn D. Dorsey, Acting Zoning Administrator Ronald H. Miller, Building Commissioner Steven J. Talevi, Assistant City Attorney VIRGINIA: IN THE COUNCIL OF THE CITY oF~RdA~ok%, VIRGINIA IN RE: Application of John A. Bright ) and William T. Bright for ) Vacation of a Portion of ) Mountain Avenue, S.E. APPLICATION FOR VACATINGt DISCONTINUING AND CLOSING OF A PORTION OF ) MOUNTAIN AVENUEt S.E. MEMBERS OF COUNCIL: John A. Bright and William T. Bright, by counsel, apply to have the following portion of Mountain Avenue, S.E., in the City of Roanoke, Virginia, permanently vacated, discontinued and closed, pursuant to Virginia Code Section 15.1-364 and Section 30-14, Code of the City of Roanoke (1979), as amended. This portion of Mountain Avenue, S.E. is bounded on the west by the right-of-way of Interstate 581 and U.S. 220, on the east by the western line of the right-of-way of 4th Street, S.E., on the south by the northern boundary of Tax Map No. 4021001 and on the north by the southern boundary of Tax Map No. 4020326. This segment of Mountain Avenue, S.E. is more clearly shown on the excerpt from the Tax Maps of the City of Roanoke attached as Exhibit A. 1. This segment of Mountain Avenue, S.E. provides no through access to the public, inasmuch as its western terminus is a dead end at the right-of-way of Interstate 581 and U.S. 220. The public-at-large will not be inconvenienced or burdened by the vacation. 2. The applicants are the only adjacent property owners on the north and south sides of this segment of Mountain Avenue, SoEo 3. The applicants are aware of no objection to the vacation here applied for. WHEREFORE, John A. Bright and William T. Bright respectfully request that the above-described portion of Mountain Avenue, S.E. be vacated by the Council of the City of Roanoke, Virginia, in accordance with Virginia Code Section 15.1-364 and Section 30-14, Code of the City of Roanoke (1979), as amended. Respectfully submitted, John A. Bright and William T. Bright BY:~D°nal~of CounselL' Wetheringto~ April 13, 1994 Date Donald L. Wetherington Wetherington & Melchionna Post Office Box 90 Roanoke, Virginia 24002 (703) 982-3800 Counsel for Petitioners EXHIBIT A EZONED BY ORD. 3. 29951' 2 2090 .M TO C°I ~EZONED BY ORD.~/~ 10. 30134-72390 .M TO C-I MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk June 27, 1994 File #514 Brian J. Wishneff Acting Director Hotel Roanoke Conference Center 111 Franklin Plaza Suite 230 Roanoke, Virginia 24011 Dear Mr. Wishneff: I am enclosing copy of Ordinance No. 32035-062094 permanently vacating, discontinuing and closing all of that certain public right-of-way of Wells Avenue, N. E., between the western side of Commonwealth Avenue and the eastern side of Jefferson Street. Ordinance No. 32035-062094 was adopted by the Council of the City of Roanoke on first reading on Monday, June 13, 1994, also adopted by the Council on second reading on Monday, June 20, 1994, and will take effect ten days following the date of its second reading. Sincerely, City Clerk MFP: sm Enc. pc: Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., Roanoke, Virginia 24016 MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue. S.W., Room 456 Roanoke. Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk June 27, 1994 File #514 The Honorable Arthur B. Crush, III Clerk of Circuit Court Roanoke, Virginia Dear Mr. Crush: I am enclosing copy of Ordinance No. 32035-062094, for proper recordation in your office, permanently vacating, discontinuing and closing all of that certain public right-of-way of Wells Avenue, N. E., between the western side of Commonwealth Avenue and the eastern side of Jefferson Street. Ordinance No. 32035-062094 was adopted by the Council of the City of Roanoke on first reading on Monday, June 13, 1994, also adopted by the Council on second reading on Monday, June 20, 1994, and will take effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. Brian J. Wishneff, Acting Director, Hotel Roanoke Conference Center, 111 Franklin Plaza, Suite 230, Roanoke, Virginia 24011 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of June, 1994. No. 32035-062094. AN ORDINANCE permanently vacating, discontinuing certain public right-of-way in the City of Roanoke, are more particularly described hereinafter. and closing Virginia, as WHEREAS, the Hotel Roanoke Conference Center Commission, filed an application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close the public right-of-way described 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 application by the City Council on June 13, 1994, 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 application; and WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no ~nconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing said public right-of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: All of that certain public right-of-way of Wells Avenue between the western side of Commonwealth Avenue and the eastern side of Jefferson Street, 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 right-of-way, reserving however, to the City of Roanoke and any public utility, including, specifically, without limitation, providers to or for the public of cable television, electricity, natural gas or telephone service, an easement for sewer and water mains, television cable, electric wires, gas lines, telephone lines, and related facilities that may now be located in or across said public right-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 right-of-way of any such municipal installation or other utility or facility by the owner thereof. BE IT FURTHER ORDAINED that the closure of the above-described right-of-way is conditioned upon applicant's submitting to the City, receiving approval of, and recording a subdivision plat, providing for the disposition of the land within the right-of-way, 2 to be vacated, in a manner consistent with the requirements of Chapter 31, Subdivision, of the City Code, and providing for the retention of appropriate easements, together with the right of public passage over the same, for the purpose of construction, repair and general maintenance of any and all utilities that may exist within said right-of-way; providing for the dedication of sufficient land for the alignment of the proposed new section of Wells Avenue, N.E.; and in the event these conditions have not been met and the said plat has not been recorded in the Office of the Clerk of Circuit Court within twelve (12) months from the effective date of this ordinance, this ordinance shall become null and void with no further action by City Council being necessary. BE IT FURTHER ORDAINED that the City Engineer be, and he is, directed to mark "permanently vacated" on said public right-of-way on all maps and plats on file in his office on which said right-of- way is shown, referring to the book and page of ordinances and resolutions of the Council of the City of Roanoke, Virginia, wherein this ordinance shall be spread. BE IT FINALLY ORDAINED that the Clerk of the Council deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation in the Deed Books of said Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of Hotel Roanoke Conference Center Commission, and the names of any other parties in interest who may so request, as Grantees. ATTEST: City Clerk. 3 Roanoke City Planning Commission June 13, 1994 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Application of the Hotel Roanoke Conference Center Commission to close and permanently vacate Wells Avenue, N.E., between Commonwealth Avenue and Jefferson Street, N.E. I. Background: Application to close and permanently vacate the above-cited section of Wells Avenue, N.E., was received on April 18, 1994. Plans for the widening and realignment of Second Street and the closure and relocation of Wells Avenue, from Commonwealth Avenue to Jefferson Street, N.E. have previously been reviewed and approved by the Planning Commission and City Council. Realignment of Wells Avenue from its intersection with Commonwealth Avenue, N.E., to its intersection with Jefferson Street, N.E., is a necessary element of the overall plans for the construction and expansion of the new conference center and Hotel Roanoke. Commonwealth of Virginia (VDOT) has now acquired all of the other properties abutting this section of Wells Avenue. II. Current Situation: ho Construction schedul~ for the new conference center and Hotel Roanoke expansion necessitates the timely closure and vacation of this section of Wells Avenue. Room 162 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2344 Members of Council Page 2 June 13, 1994 Demolition of the existine street structure and existing buildings along this section of Wells Avenue is needed in order to maintain this projected schedule. Provisions are currently being made for the alternate routing of traffic from Commonwealth Avenue and Williamson Road to Shenandoah Avenue during the reconstruction process. Alternate route will be constructed and completo~t prior to the physical closing of this section of Wells Avenue. Planni~ reviewed the request for closure at its regular meeting of May 5, 1994. ~ (35 Patton Avenue, NE) appeared before the Commission and noted the following questions and concerns: 1. Were there any provisions to demolish the houses on Wells Avenue? o What consideration had been given to the increased traffic and noise of heavy equipment, etc., in the neighborhood? 3. How will the re-routing of traffic affect bus routes? Mrs. Bethel was informed by City staff that the two houses at 42 and 56 Wells Avenue would be relocated to Gilmer Avenue by the end of the month; that City staff wold relay the concerns of traffic and noise to the Highway Department; and would also work with Valley Metro to make sure that they understood the bus routing needs of the residents in the community. III. Issues: A. Community impact. B. Traffic impact. C. Utilities within the public right-of-way. D. Creation of a dead-end street. E. Land use. F. Relationship to the comprehensive plan. Members of Council Page 3 June 13, 1994 IV. Alternatives: Approve the applicant's request to close and permanently vacate the described section of Wells Avenue, N.E., subject to the conditions outlined in Part V of this report. m~2flll~lll~: No privately-owned buildings or structures are located on this section of Wells Avenue. Consequently, no abutting property owner will be impacted or inconvenienced by this closure. Traffic impact: Alternate route for all traffic needs will be provided prior to the physical closure of this street. 3. Utilities within the public right-of-way: a. City has utilities within the right-of-way. b. Appalachian Power Company has utilities within the right-of-way. 4. Creation of a dead-end street: Closure will not create a dead-end street. Land use: Closure and vacation of this section of street will create landlocked parcels of land. Subdivision plat should be required to ensure that all such parcels are combined with appropriate abutting lands to avoid the creation of landlocked parcels. Relationship to the comprehensive plan: Request is consistent with the intent of the comprehensive plan that available land be used in the most appropriate manner. B. Deny the applicant's request to close and permanently vacate Wells Avenue, N.E. Communit im act: Street will not be realigned consistent with current plans. Land and building expansion needs of the proposed new conference center and Hotel Roanoke will not be met. 2. Traffic impact: Traffic needs would not be an issue. 3. Creation of a dead-end street would not be an issue. Land use: Commonwealth of Virginia would retain title to all other properties along this section of street. Members of Council Page 4 June 13, 1994 o Relationship to the comvrehensive plan. Denial would be inconsistent with the intent of the City's comprehensive plan. V. Recommendation: Planning Commission, by a vote of 6-0 (Mr. Bradshaw absent) recommends that City Council approve the applicant's request to close and permanently vacate the described section of Wells Avenue, N.E., subject to the following conditions: The applicant shall submit to the City, receive approval of, and record with the Clerk of Circuit Court, a subdivision plat, providing thereon for the following: The disposition of the land within the vacated right-of-way in a manner consistent with the requirements of Chapter 31, Subdivisions, of the City Code, 1979. The dedication of land sufficient to provide for the alignment of the proposed new section of Wells Avenue, N.E. The retention of appropriate easements for any and all utilities that may be located within the subject right-of-way together with the right-of-public passage for surface and subsurface installation, repair and maintenance of such utilities. Bo The applicant shall submit to the City, and receive approval of, a plan for the construction and public use of the proposed alternate roadway. The plan shall provide for any legal requirements such as the dedication of a public easement over private property if the alternate roadway is to be used over an extended period of time for the routing of public traffic. The plan of roadway construction shall be reviewed and approved by the City Engineer. Any and all legal requirements related the dedication of an appropriate public easement for the routing of public traffic over private property shall be reviewed and approved as to form by the City Attorney. If the above-cited conditions have not been met within a period of 12 months from the date of the ordinance providing for the subject closure, then said ordinance shall become null and void with no further action by City Council being necessary. Members of Council Page 5 June 13, 1994 JRM:ERT: mpf attachment cc: Assistant City Attorney Director of Public Works City Engineer City Traffic Engineer Building Commissioner Applicant Respectfully submitted, Charles A. Price, Jr., Chairman Roanoke City Planning Commission [iN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA Application of Hotel Roanoke Conference ) Center Commission for vacation of Wells ) Ave. between Commonwealth Ave. and ) J'efferson St. ) APPLICATION FOR VACATING, DISCONTINUING AND CLOSING WELLS AVE. BETWEEN COMMONWEALTH AVE. AND JEFFERSON ST. The Hotel Roanoke Conference Center Commission, applies to have Wells Avenue between Commonwealth Avenue and Jefferson Street, in the City of Roanoke, Virginia, permanently vacated, discontinued and closed, pursuant to Virginia Code Section 15.1-364 and Section 30-14, Code of the City of Roanoke (1979), as amended. This street is more particularly described as follows: Wells Avenue, N.E. from the eastern side of Jefferson Street to the western side of Commonwealth Avenue. The Hotel Roanoke Conference Cefiter Commission states that the Grounds for this application are as follows: 1) All landowners whose property adjoins the property to be vacated have been notified and are in agreement with this application. 2) The property to be vacated is presently being used as a thoroughfare and will be realigned and reconstructed by the Virginia Department of Transportation in FY94-95. 3) The applicant desires to use the property to be vacated for construction of the Conference Center parking lot. WHEREFORE, the Hotel Roanoke Conference Center Commission respectfully requests that the above described street, be vacated by the Council of the City of Roanoke, Virginia, in accordance with Vir~nia Code Section 15.1-364 and Section 30-14, Code of the City of Roanoke (1979), as amended. Respectfully submitted, -'~ Commission Hotel R~ Center April 13, 1994 ORANG[ AVENUE: RTE. 460 ltd ST., GAINSBORO RD. GILMER Ct.luRCH * ~tBRAR¥ PARK COMMON'WEALTH OF ¥1RGI~rIA DEPART~I' OF H~C, HWAYS A.N'D TR.~X~PORTATIO~i' PLAi~ AIWD PROFILE OF PROPOSED STATE HIGHWAY CITY OF ROANOKE WELLS ,~.NUE MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2.~011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk May 27, 1994 File #514 Brian J. Wishneff Acting Director Hotel Roanoke Conference Center 111 Franklin Plaza Suite 230 Roanoke, Virginia 24011 Dear Mr. Wishneff: Pursuant to Resolution No. 25523 adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 6, 1981, a public hearing will be held on Monday, June 13, 1994, at 7:30 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W., on a request of the Hotel Roanoke Conference Center Commission that all of that certain public right-of-way of Wells Avenue, N. E., between the western side of Commonwealth Avenue and the eastern side of Jefferson Street, be permanently vacated, discontinued and closed. For your information, I am enclosing copy of a notice of the public hearing, an Ordinance and a report of the City Planning Commission with regard to the request for street closure. Please review the documents and if you have questions, you may contact Steven J. Talevi, Assistant City Attorney, at 981-2431. Questions with regard to the Planning Commission report should be directed to John R. Marlles, Chief of Community Planning, at 981-2344. Sincerely, f/2~x~a~.__ Mary F. Parker, CMC/AAE City Clerk MFP: sm June Enc. Brian J. Wishneff May 27, 1994 Page 2 pc: Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., Roanoke, Virginia 24016 D:,iLY ' ', · · ~r :, ' .~ L [':~ ~ i, ?~ I ~ )K~ Ira NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: The Council of the City of Roanoke will hold a Public Hearing on Monday, June 13, 1994, at 7:30 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber in the Municipal Building, 215 Church Avenue, S.W., on an application to permanently abandon, vacate, discontinue and close the following public right- of-way: That section of Wells Avenue located between the western side of Commonwealth Avenue and eastern side of Jefferson Street. 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 the question. GIVEN under my hand this on the above date and be heard on 25th day of May , 1994. Mary F. Parker, City Clerk. Publish in the Roanoke Times and World-News, once on Friday, May 27, 1994, and once on Friday, June 3, 1994. Send publisher's affidavit to: Mary F. Parker, City Clerk Room 456, Municipal Building 215 Church Avenue, S. W. Roanoke, Virginia 24011-1536 Send bill to: Brian J. Wishneff, Acting Director Hotel Roanoke Conference Center 111 Franklin Plaza, Suite 230 Roanoke, Virginia 24011 MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Chmcch Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk April 18, 1994 File #514 Charles A. Price, Jr., Chairperson City Planning Commission Roanoke, Virginia Mr. Price: Pursuant to Section 30-14, Procedure for altering or vacating City streets or alleys; fees therefor, of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of an application from Brian J. Wishneff, Acting Director, Hotel Roanoke Conference Center, requesting that a portion of Wells Avenue, N. E., from the eastern side of Jefferson Street to the western side of Commonwealth Avenue, be permanently vacated, discontinued and closed. Sincerely, ~ Mary [.-i~arker, CMC/AAE City Clerk MFP: sm s / hotel Enc. pc: The Honorable Mayor and Members of the Roanoke City Council Brian J. Wishneff, Acting Director, Hotel Roanoke Conference Center, 111 Franklin Plaza, Suite 230, Roanoke, Virginia 24011 John R. Marlles, Agent, City Planning Commission Evelyn D. Dorsey, Acting Zoning Administrator Ronald H. Miller, Building Commissioner Steven J. Talevi, Assistant City Attorney NOTICE OF PUBLIC HEAR2hNG BEFORE ~ gOANOKE CITY PLANNING COM]VIISSION TO WHOM IT MAY CONCERN: The Roanoke City Planning Co~is/~0nl~,ill[hOld a public hearing on Wednesday, May 4, 1994, at 1:30 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S.W., in order to consider the following: Request from Hotel Roanoke Conference Center Commission that a portion of Wells Avenue, N.E. between Commonwealth Avenue and Jefferson Street, N.E., be permanently vacated, discontinued and closed. A copy of said application is available for review in the Office of Community Planning, Room 162, Municipal Building. All parties in interest and citizens may appear on the above date and be heard on the matter. Martha P. Franklin, Secretary Roanoke City Planning Commission Please print in newspaper on Tuesday, April 19, 1994, and Tuesday, April 26, 1994. Please bill: Hotel Roanoke Conference Center Commission Ill Franklin Plaza, Suite 230 Roanoke, VA 24011 (703) 981-1170 Please send affidavit of publication to: Office of Community Planning Room 162, Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue. S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 98 ! -2541 SANDRA H. EAKIN Deputy City Clerk June 27, 1994 File #51-249 Evelyn Jefferson Vice President - Supplements Municipal Code Corporation P. O. Box 2235 Tallahassee, Florida 32304 Dear Ms. Jefferson: I am enclosing copy of Ordinance No. 32036-062094 with regard to proposed amendments to Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended. Ordinance No. 32036-062094 was adopted by the Council of the City of Roanoke on first reading on Monday, June 13, 1994, also adopted by the Council on second reading on Monday, June 20, 1994, and will take effect ten days following the date of its second reading. Please include Ordinance No. 32036-062094 in Supplement No. 32 to the Roanoke City Code. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Eno. MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk June 27, 1994 File #51-249 Raymond F. Leven Public Defender Suite 4B Southwest Virginia Building Roanoke, Virginia 24011 Dear Mr. Leven: I am enclosing copy of Ordinance No. 32036-062094 with regard to proposed amendments to Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended. Ordinance No. 32036-062094 was adopted by the Council of the City of Roanoke on first reading on Monday, June 13, 1994, also adopted by the Council on second reading on Monday, June 20, 1994, and will take effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke. Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk June 27, 1994 File #51-249 W. L. Whitwell, Chairperson Architectural Review Board 1255 Keffield Street, N. W. Roanoke, Virginia 24019 Dear Mr. Whitwell: I am enclosing copy of Ordinance No. 32036-062094 with regard to proposed amendments to Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended. Ordinance No. 32036-062094 was adopted by the Council of the City of Roanoke on first reading on Monday, June 13, 1994, also adopted by the Council on second reading on Monday, June 20, 1994, and will take effect ten days following the date of its second reading. /~ ~ ~'Sincerely' p~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Eric. pc: Evelyn S. Gunter, Secretary, Architectural Review Board IN THE COUNCIL OF THE CITY OF ROANOKE, The 20th day of June, 1994. No. 32036-062094. VIRGINIA, AN ORDINANCE amending §36.1-641, Powers qenerally, by adding new subsection (f); and §36.1-642, Review procedure, by amending subsection (a), of D~vision 2, Architectural Review Board, of Article VII, Administration; and creating new Subdivision G, ND~ Neighborhood Desig9 District, to Division 5, Special District Regulations, of Article III, District Requlations, by adding new S36.1-388, Intent; ~36.1-389, Desiqnation; §36.1-390, Application of the district; S36.1-391, Design district regulations; §36.1-392, Procedure for obtaininq a zoninq permit; ~36.1-393, Standards for new construction; and §36.1-394, Appeals, of Chapter 36.1, Zoninq, of the Code of the City of Roanoke (1979), as amended, such amendments to expedite the review and approval of certificates of appropriateness for approval of construction activities in the historic and preservation districts and to establish a new neighborhood design district to encourage compatible new construction in areas having hlstoric or unique architectural value. BE IT ORDAINED by the Council of the City of Roanoke as follows: l. That ~36.1~641, Powers qenerally and ~36.1-642, Review procedure, of Division 2, Architectural Review Board, of Article VII, Administration, of Chapter 36.1, Zoning, of the Code of the City of Roanok~ (1979), as amended, be, and are hereby, amended~and reordained to read and provide as follows: §36.1-641. Powers generally. (f) The Board's agent is authorized to issue any certificate of appropriateness. The agent, pursuant to such delegation, shall act only upon an application completed pursuant to the applicable district regulations, and shall apply the same guidelines and review standards applicable to the board. Any person aggrieved by any decision of the agent made pursuant to this delegation may appeal to the board by filing with the board a notice of appeal specifying the grounds thereof within thirty (30) calendar days from when the decision is rendered by the agent. §36.1-642. Review procedure. (a) In order to be heard by the board at its next regular meeting, a complete application for a certificate of appropriateness shall be made to the secretary to the board, on forms provided, at least fifteen (15) days prior to the next scheduled meeting. In the event of an appeal pursuant to section 36.1-641(f), a notice of appeal shall be filed with the secretary to the board at least fifteen (15) days prior to the next scheduled meeting. 2. That Division 5, Special District Regulations, of Article III, District Requlations, of Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended, be, and is hereby, amended and reordained to read and provide as follows: Subdivision G. ND~ Neighborhood Design District. §36.1-388. Intent. The designation of the ND, Neighborhood Design Dis- trict, is intended to encourage compatible development in areas of the city having historic or unique architectural value. The general intent includes, among others, the following specific purposes: (a) Encourage new buildings which are compatible with the existing scale and character of the surrounding neighborhood; (b) Encourage the protection of existing neighborhoods and their physical characteristics; and (c) Encourage the revitalization of the area. ~36.1-389. Designation. The city council may, in the manner provided for amending, supplementing, or changing this chapter, including the district regulations and the official map, designate as a ND, Neighborhood Design District, appro- priate areas: (a) That are located within an area designated on an adopted plan for conservation, rehabilitation or redevel- opment; (b) That are identified in the city's comprehensive plan as having historic or unique architectural value; and (c) That contain at least two (2) contiguous acres. §36.1-390. A~plication of the district. Any ND district designated by city council shall be shown as an overlay to the existing underlying district with the designation ND on the official zoning map, as amended. As such, the provisions in this division shall serve as a supplement to the underlying zoning district regulations. The uses, housing types, minimum lot requirements, minimum yard requirements, maximum height, accessory uses and signs shall be determined by the regulations applicable to the underlying district over which the ND district is superimposed. Where a conflict exists between the provisions of this division and those of any underlying zoning district, the more restrictive provisions shall apply. ~36.1 391. Design district regulations. (a) In order to encourage the construction of new buildings in conformance with the existing scale and character of the Neighborhood Design District, the zoning administrator shall review and approve the design of new buildings. No such construction of a building shall be undertaken without the issuance of a zoning permit by the zoning administrator. §36.1-392. Procedure for obtaining a zoning permit. (a) Persons seeking a zoning permit under S36.1-391 shall meet with the zoning administrator before submitting an application to review the applicable standards and to determine that requirements have been met. 3 (b) A complete application shall be made to the zoning administrator, on forms provided, at the same time as the project is submitted for basic or comprehensive develop- ment plan review. (c) The zoning administrator shall complete the review within fifteen (15) working days and either deny the application or issue the zoning permit, unless the time is extended with the written consent of the owner. (d) In the case of disapproval of any application, the zoning administrator shall briefly state the reasons in writing and may make recommendations to the applicant. §36.1-393. Standards for new construction. In order to achieve the purposes of the ND district, the zoning administrator shall apply the following: (a) The design should be compatible with or enhance those special visual and spatial qualities that the ND district is established to protect, including but not limited to height and scale of buildings, orientation, spacing, site coverage, and exterior features such as porches, roof pitch and direction and landscaping, as set forth in the standards adopted by City Council. (b) Every reasonable effort should be made to minimize alteration of the site and its environment. Existing characteristic features of the site such as trees, walls, fencing, walkways, and similar structures or features that reflect the special features of the district should be retained. §36.1-394. Appeals. Any person aggrieved by any decision of the zoning administrator may appeal such decision to the board of zoning appeals, as specified in 536.1-654 of this chapter. ATTEST: City Clerk. 4 '94 Roanoke City Planning Commission June 13, 1994 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Proposed amendments and revisions to Chapter 36.1, Zoning of the Code of the City of Roanoke, 1979, as amended. I. Background: Purpose of proposed ordinance amendments is to: (1) expedite the review and approval of certificates of appropriateness for approved construction activities in the City's local historic districts by delegating additional authority to the Architectural Review Board's secretary; and (2) establish a new neighborhood design district to encourage compatible new construction in areas of the City having historic or unique architectural value. Authority for proposed amendments to City's zoning ordinance is derived from amendments to the City's Charter requested by City Council and approved by the 1993 Virginia General Assembly. II. Current Situation: Prooosed ordinance amendments are needed to address current development issues and concerns. Improving the administration of the City's local historic district regulations has been an ongoing priority. Encouraging new infill development which is compatible with the City's older residential neighborhoods has been a concern for the past several years. Proposed ordinance amendments were referred to the Commission's Ordinance and Names Subcommittee on April 5, 1994. Co Planning, Commission held a public heating on the proposed zoning ordinance amendments on May 4, 1994. There was no one present in opposition or support of the proposed amendments. Room 162 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2344 III. Recommendation: By a vote of 6-0 (Mr. Bradshaw absent), the Planning Commission recommended approval of the proposed zoning ordinance amendments as presented. Respectfully submitted, Charles A. Price, Jr., Chairman Roanoke City Planning Commission JRM:mpf attachments cc: Chairman, Roanoke City Architectural Review Board Assistant City Attorney Director of Public Works City Engineer Building Commissioner Zoning Administrator 1. Comment= Recently the Virginia General Assembly amended the city Charter to authorize the City Council to grant the Roanoke City Architectural Review Board authority to delegate certain powers to its agent. The change will expedite the review and approval process and issuance of certificates of appropriateness for minor construction activities, such as rear yard privacy fences, rear decks, stairwells, etc. The following amendments will permit the Board to delegate the authority as authorized by the recent charter amendment. ProPosed Amendments: Amend Section 36.1-641. Powers generally. (Division Architectural Review Board) by adding the following text: (f) The board's aqent is authorized to issue any certificate of appropriateness. The aqent, pursuant to such deleqation, shall act only uPOn an application completed pursuant to the applicable district requlations, and shall apply the same auidelines and review standards applicable to the Board. Any person aa~rieved bv any decision of the aqent made pursuant to this delegation may appeal to the board by filinq with the board a notice of appeal specifyinq the qrounds thereof within thirty (30) calendar days from when the decision is rendered by the a~ent. Amend Section 36.1-642. Review procedure, by adding the following text: (a) In order to be heard by the board at its next regular meeting, a complete application for a certificate of appropriateness shall be made to the secretary to the board, on forms provided, at least fifteen (15) days prior to the next scheduled meeting. In the event of an appeal pursuant to Section 36.1-641 (f). a notice of appeal shall be filed with the secretary to the board at least fifteen (15) days prior to the next scheduled meeting. 2. Comment: Over the past several years, there has been increasing concern regarding the quality of design and construction of some of the newer inffil construction occurring primarily within the City's older neighborhoods. While the City needs to continue efforts to encourage new housing construction in these areas, inappropriately designed infill housing detracts from the quality of the City's existing neighborhoods and may actually discourage continued investment. In 1993, the Virginia General Assembly approved a Charter amendment authorizing City Council to designate design overlay districts to encourage compatible development in areas of the City identified in the comprehensive plan as having historic or unique architectural value. The proposed amendment is necessary to implement the authority granted by the General Assembly. Division 5. Special district regulations Subdivision G. ND; Neighborhood Design District Sec. 36.1-388. Intent. The desi.qnation of the ND; neighborhood design district is intended to encoura.qe compatible development in areas of the city having historic or unique architectural value. The .cleneral intent includes, among others, the following specific purposes: (a) Encourage new buildin,qs which are compatible with the existing scale and character of the surrounding neighborhood; (b) Encourage the protection of existing neighborhoods and their physical characteristics; and ~ Encouraqe the revitalization of the area. Sec. 36.1-389. Designation. The city council may, in the manner provided for amending, supplementing, or chanqing this chapter, including the district regulations and the official map, desiqnate as an ND; neighborhood design district, appropriate areas: (a) That are located within an area designated on an adopted plan for conservation, rehabilitation or redevelopment; (b) That are identified in the city's comprehensive plan as havinq historic or unique architectural value; and c.~ That contain at least two (2) contiguous acres. Sec. 36-1-390. Application of the district. Any ND district designated by city council shall be shown as an overlay to the existinq underlying district with the designation ND on the official zoning map, as amended. As such, the provisions in this division shall serve as a supplement to the underlying zoning district requlations. The uses, housing types, minimum lot requirements, minimum yard requirements, maximum height, accessory uses and signs shall be determined by the regulations applicable to the undedyinq district over which the ND distdct is superimposed. Where a conflict exists between the provisions of this division and those of any underlyin.q zonin.q district, the more restrictive provisions shall apply. Sec. 36.1-391. Design district regulations In order to encourage the construction of new buildings in conformance with the existing scale and character of the neighborhood design district, the zoning administrator shall review and approve the design of new buildings. No such construction of a building shall be undertaken without the issuance of a zoning permit by the zoning administrator. sec. 36.1-392. Procedure for obtaining a zoning permit ~ Persons seeing a zoning permit under Sec. 36.1-391 shall meet with the zoning administrator before submittinq an application to review the applicable standards and to determine that requirements have been met. (b) A complete application shall be made to the zoning administrator, on forms provided, at the same time as the proiect is submitted for basic or comprehensive development plan review. c.~ The zoning administrator shall complete the review within fifteen (15) working days and either deny the application or issue the zoninq permit, unless the time is extended with the written consent of the owner. (d) In the case of disapproval of any application, the zoning administrator shall briefly state the reasons in writing and may make recommendations to the applicant. Sec. 36.1-393. Standards for new construction. In order to achieve the purposes of the ND district, the zoning administrator shall apply the followinq: (a) The design should be compatible with or enhance those special visual and spatial qualities that the ND district is established to protect, including but not limited to height and scale of buildings, orientation, spacinq, site coverage, and exterior features such as porches, roof pitch and direction and landscaping, as set forth in the standards adopted by City Council. (b) Every reasonable effort should be made to minimize alteration of the site and its environment. Existing characteristic features of the site such as trees, walls, fencin.q, walkways, and similar structures or features that reflect the special features of the district should be retained. Sec. 36.1-394. Appeals. Any person aggrieved by any decision of the zoning administrator may appeal such decision to the board of zoning appeals, as specified in section 36.1-654 of this chapter. MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W.. Room ~,56 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN D~puty City Clerk May 27, 1994 File #51-249 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: Pursuant to Resolution No. 25523 adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 6, 1981, a public hearing will be held on Monday, June 13, 1994, at 7:30 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W., on a request of the City of Roanoke that certain sections of Chapter 36.1, Zoning, Code of the City of Roanoke (1979), as amended, be amended. For your information, I am enclosing copy of a notice of the public hearing, an Ordinance and a report of the City Planning Commission with regard to the request for proposed amendments. Please review the documents and if you have questions, you may contact Steven J. Talevi, Assistant City Attorney, at 981-2431. Questions with regard to the Planning Commission report should be directed to John R. Marlles, Chief of Community Planning, at 981-2344. Sincerely, ~(~L~;~-- Mary F. Parker, CMC/AAE City Clerk MFP: sm June Enc. W. Robert Herbert, City Manager May 27, 1994 Page 2 pc: W. L. Whitwell, Chairperson, Architectural Review Board, 1255 Keffield Street, N. W., Roanoke, Virginia 24019 Evelyn S. Gunter, Secretary, Architectural Review Board '94, ,~" 13 P3:79· -!J [_IC ~TIU,i T~"~I~ ~;:Y JF JLJiXC 19}~t /7/ ...... - ..... ~ .....~2 ....~':'~:.,~ NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant to the provisions of §15.1-431, Code of Virginia (1950), as amended, the Council of the City of Roanoke will hold a Public Hearing on Monday, June 13, 1994, at 7:30 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber in the Municipal Building, 215 Church Avenue, S.W., in order to consider amendments to Chapter 36.1, Zoning, Code of the City of Roanoke (1979), as amended. The proposed amendments would amend the following sections of, and add the following subdivision to, Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended: S36.1-641, Powers generally, and §36.1-642, Review procedure, of Division 2, Architectural Review Board, and add a new subdivision entitled Subdivision G, Neighborhood Design District, to Division 2, Residential District Regulations, of Article III, District Regulations, such amendments to expedite the review and approval of certificates of appropriateness for approved construction activities in the historic district and establish a new neighborhood design district to encourage compatible new construction in areas having historic or unique architectural value. A copy of said proposed amendments is available for review in the Office of the City Clerk, Room 456, Municipal Building. Questions about the content of the proposed regulations should be directed to the Office of Community Planning, 981-2344. Ail parties in interest may appear on the heard on the question. GIVEN under my hand this 25th day of May above date and be · 1994. Mary F. Parker, City Clerk. Publish in the Roanoke Times and World-News, once on Friday, May 27, 1994, and once on Friday, June 3, 1994. Send publisher's affidavit and bill to: Mary F. Parker, City Clerk Room 456, Municipal Building 215 Church Avenue, S. Wo Roanoke, Virginia 24011-1536 NOTICE OF PUBLIC HEARING BEFORE THE ROANOKE CITY PLANNING COMMISSION ,! TO WHOM IT MAY CONCERN: The Roanoke City Planning Commission will hold ~/~pu[~ie ~ar~ng on Wednesday, May 4, 1994, at 1:30 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S.W., in order to consider the following: Request from the City of Roanoke to amend the following sections of Zoning, of the Code of Ordinances of the City of Roanoke, Virginia, by: (1) an addition of a subsection (f) to Section 36.1-641. Powers generally, of Division 2. Architectural Review Board; (2) an addition to subsection (a) of Section 36.1-642. Review procedure, of Division 2. Architectural Review Board; and (3) an addition of a new Division dealing Neighborhood Design District. A copy of the proposed amendments are available for review in the Office of Community Planning, Room 162, Municipal Building. All parties in interest and citizens may appear on the above date and be heard on the matter. Martha P. Franklin, Secretary Roanoke City Planning Commission Please run in newspaper on Tuesday, April 19, 1994, and Tuesday, April 26, 1994. Please bill and send affidavit of publication to: Office of Community Planning Room 162, Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011