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Home My WebLink AboutCouncil Actions 10-24-94PARROTF 32225 REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL October 24, 1994 10:00 a.m. AGENDA FOR THE COUNCIL Call to Order -- Roll Call. Council Member McCadden was absent. The Invocation was delivered by The Reverend Rebecca P. Tingler, Minister of Music and Adults, Lynn Haven Baptist Church. The Pledge of Allegiance to the Flag of the United Sts_te$ of America was led by Mayor Bowers. Welcome. Mayor Bowers. ANNOUNCEMENTS: None. The Mayor presented a Proclamation declaring October 24 - 30, 1994, as Unfunded Mandates Week throughout the City of Roanoke. 1 2. 'CONSENT AGENDA (APPROVED 6-0) ALL MATI'ERS 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 CONSIDERED SEPARATELY. C-1 Minutes of the Organizational Meeting of Council held on Tuesday, July 5, 1994; the regular meetings of Council held on Monday, July 11, 1994, and Monday, July 25, 1994; and the joint meeting of Council and the School Board held on Monday, July 25, 1994. RECOMMENDED ACTION: Dispense with the reading thereof and approve as recorded. C-2 A communication from Mayor David A. Bowers requesting an Executive Session to discuss vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1- 344 (A)(1), Code of Virginia (1950), as amended. RECOMMENDED ACTION: File//110-132 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. 2 C-3 Qualification of the following: Troy M. White as a member of the City of Roanoke Transportation Safety Commission for a term ending October 3l, 1996; and Margaret M. Grayson as a member of the Virginia Western Community College Board for a term ending June 30, 1998. RECOMMENDED ACTION: Receive and file. File//20-110-467 REGULAR AGENDA 3. HEARING OF CITIZENS UPON PUBLIC MATI'ERS: a. OTHER HEARING OF CITIZENS: None. 4. PETITIONS AND COMMUNICATIONS: a. A communication from the Roanoke City School Board recommending appropriation of funds to various school grant accounts, as well as appropriation of $353,245.00 from the 1994-95 Capital Maintenance and Equipment Replacement Fund; and a report of the Director of Finance concurring in the request. Adopted Budget Ordinance No. 32225-102494. (6-0) File g60-270-467-472 The City Attorney was requested to include an item in the City's 1995 Legislative Program encouraging the General Assembly to continue funding and/or to increase funding for educational programs that benefit the juvenile and adult jail population. File #123-137-304-467 3 5. REPORTS OF OFFICERS: a. CITY MANAGER: BRIEFINGS: None. ITEMS RECOMMENDED FOR ACTION: A report recommending execution of Amendment No. 1 to the City's engineering services agreement with Hayes, Seay, Mattern and Mattern, Inc., for infiltration/inflow reduction design at the Water Pollution Control Plant; and appropriation of funds in connection therewith. Adopted Budget Ordinance No. 32226-102494 and Resolution No. 32227-102494. (6-0) File g60-405-468 ~ 37 A report recommending execution of Change Order No. 1, in the amount of $5,224.05, to the City's contract with Adams Construction Co., Inc., in connection with construction of improvements in Deanwood Industrial Park. Adopted Ordinance No. 32228-102494. (6-0) File #207- ~Q -~{o(o - 12~ -' 3..~(~ .. ac~-o_~ i~ o A report recommending execution of Change Order No. 2, in the amount of $8,330.00, to the City's contract with E. C. Pace Co., Inc., in connection with construction of Carvins Cove Phase II, Contract C-1. Adopted Ordinance No. 32229-102494. (6-0) File 0,68 - The City Manager was requested to report to Council with regard to suggested alternatives in lieu of submitting individual change orders for various construction contracts. As a part of the report, the City Manager was further requested to address 4 procedures used by other localities in Virginia, the number of change orders approved by Council within the past six to twelve months, and the question of establishing a dollar threshold and]or percentage of total conlract at which point change orders will be submitted to Council for approval. File h°27-183-468 A report recommending execution of a Community Development Block grant agreement for services with the Fifth District Employment and Training Consortium relating to the Hotel Roanoke Employment Training Program. Adopted Resolution No. 32230-102494. (6-0) File #178-236-246-247-258 A report recommending award of a contract for employee health care insurance to Trigon Blue Cross Blue Shield for a period of one year beginning January 1, 1995, and ending December 31, 1995. Adopted Resolution No. 32231-102494. (6-0) File #184-501 - %~ The question of including City retirees under the same health insurance plan as regular City employees was referred to 1995-96 Budget Study for consideration. File 060-184-429-501 b. DIRECTOR OF FINANCE: A financial report for the month of September, 1994. Received and fled. File #1-10 5 c. CITY ATTORNEY: A report recommending execution of a deed of release between the City and WM Equity, Inc., to provide for release of an indemnification agreement relating to the Towne Square Subdivision. Adopted Resolution No. 32232-102494. (6-0) File #28-58-166-252-297-514 6. REPORTS OF COMMITTEES: A report of the committee appointed to tabulate bids received for construction of the Shenandoah Avenue Streetscape project, recommending award of a contract to H. & S. Construction Company, in the amount of $163,919.25; and appropriation of funds in connection therewith. Council Member William White, Sr., Chairperson. Adopted Budget Ordinance No. 32233-102494, Ordinance No. 32234- 102494 and Resolution No. 32235-102494. (6-0) File g20-57-60-102-247-258-405-514 bt A report of the Water Resources Committee recommending execution of a deed of easement granting Bell Atlantic-Virginia, Inc., a public utility easement across City-owned property located within the Roanoke Centre for Industry and Technology. Council Member Elizabeth T. Bowles, Chairperson. Adopted Ordinance No. 32236 on first reading. (6-0) File g28-112-166-207-468 A report of the Water Resources Committee recommending relocation, vacation and dedication of a certain waterline easement on property occupied by Lowe's Home Center, Inc. Council Member Elizabeth T. Bowles, Chairperson. 6 Adopted Ordinance No. 32237 on first reading. (6-0) File//28-468 7. UNFINISI-IF.D BUSINESS: None. 8. INTRODUCTION AND CONSIDERATION ORDINANCES AND RESOLUTIONS: OF ao Ordinance No. 32212, on second reading, rezoning a tract of land located at 752 Orange Avenue, N. E., bearing Official Tax No. 3042002, from HM, Heavy Manufacturing District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner. Adopted Ordinance No. 32212-102494. (6-0) File #51 bo Ordinance No. 32213, on second reading, rezoning a tract of land lying on the east side of Hollins Road, N. E., and the north side of Lindbergh Lane, described as 3103 Plantation Road, N. E., Official Tax No. 3150311, from RM-1, Residential Multi-family, Low Density District, to CN, Neighborhood Commercial District, subject to certain conditions proffered by the petitioners. Adopted Ordinance No. 32213-102494. (6-0) File #51 Ordinance No. 32214, on second reading, rezoning a 2.12 acre tract of land located off of Townside Road, S. W., beating Official Tax No. 5490307, from RM-2, Residential Multi-family, Medium Density District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner. Adopled Ordinance No. 32214-102494. (6-0) File #51 7 Ordinance No. 32215, on second reading, rezoning a 1.717 acre tract of land located at the southerly right-of-way of Orange Avenue (Route 460) at the intersection of Orange Avenue and Walton Street, N. E., and bearing Official Tax Nos. 3221414 - 3221418, inclusive, and 3221735 - 3221741, inclusive; and an adjacent .65 acre tract of land, more or less, beating Official Tax Nos. 3221518, 3221519, 3221520, 3221521, 3221501 and 3221502, from LM, HM and RM-1, Light Manufacturing, Heavy Manufacturing and Residential Multifamily, Low Density Districts, to C-2, General Commercial District, subject to certain conditions proffered by the petitioners. Adopted Ordinance No. 32215-102494. (6-0) File//51 Ordinance No. 32216, on second reading, rezoning a tract of land containing 0.671 acre, more or less, located at 207 Bullitt Avenue, S. E., bearing Official Tax Nos. 4013314 and 4013316, from LM, Light Manufacturing District, to C-3, Central Business District, subject to certain conditions proffered by the petitioners. Adopted Ordinance No. 32216-102494. (6-0) File #51 Ordinance No. 32217, on second reading, permanently vacating, discontinuing and closing an alleyway running between Norfolk Southern Corporation Railway right-of-way and U. S. Interstate - 581, bounded on both sides by Official Tax Nos. 4013314 and 4013316; and the spur of Third Street, S. E., running between Bullitt Avenue, and the aforedescribed alleyway bounded on one side by U. S. Interstate - 581 and by real estate owned by the petitioner on the other side. Adopted Ordinance No. 32217-102494. (6-0) File #514 8 go Ordinance No. 32218, on second reading, permanently vacating, discontinuing and closing a portion of 6 1/2 Street, S. E., bounded on the north by the southern boundary of Morrill Avenue, S. E., bounded on the west by the eastern boundary of Official Tax No. 4141409, and bounded on the east by the western boundary of Official Tax No. 4141530. Adopted Ordinance No. 32218-102494. (6-0) File #514 Ordinance No. 32219, on second reading, pe~manently vacating, discontinuing and closing a portion of Baker Avenue, between 25th Street and 30th Street, N. W. Defen'ed until the next regular meeting November 14, 1994, at 10:00 a.m. File #514 of Council on Monday, Ordinance No. 32220, on second reading, permanently vacating, discontinuing and closing a certain 250 foot portion of Spottswood Avenue, S. W., bounded on the north by Cleveland Avenue, on the west by Official Tax No. 1221009, on the east and south by property owned by Norfolk Southern Corporation, and on the east by Official Tax No. 1221101; and all of that certain 15 foot wide alley bordered on the north by Cleveland Avenue, on the west by Official Tax No. 1221101, and on the east and south by land of Norfolk Southern Corporation. Adopted Ordinance No. 32220-102A94. (6-0) File #514 Ordinance No. 32221, on second reading, vacating, discontinuing and closing an alley extending north to south from Tax Map No. 2310701 through Tax Map No. 2310705 and Tax Map Nos. 2310706 and 2310714, approximately 260 feet from Shenandoah Avenue, N. W., to Centre Avenue, N. W., and an alley extending west to east approximately 275 feet to a point contiguous with the lot line separating Tax Map Nos. 2310710 and 2310711. 9 Adopted Ordinance No. 32221-102494. (6-0) File #514 ko A Resolution reappointing a director of the Industrial Development Authority of the City of Roanoke, to fill a four year term on its Board of Directors. Adopted Resolution No. 32238-102494. (6-0) File #110-207 A Resolution reappointing a director of the Industrial Development Authority of the City of Roanoke, to fill a four year term on its Board of Directors. Adopted Resolution No. 32239-102494. (6-0) File #110-207 9. MOTIONS AND MISCELLANEOUS BUSINESS: ao Inquiries and/or comments by the Mayor and Members of City Council. Council Member Bowles requested that the City Manager investigate a potentially hazardous traffic situation at the three-way intersection near Lowes Home Center, Inc., and the new Kroger Superstore in the vicinity of Towne Square. File//20 Vacancies on various authorities, boards, commissions and committees appointed by Council. 10. OTHER HEARINGS OF CITIZi~NS: None. 10 A communication from the City Manager with regard to activities to be held in cooperation with the Roanoke Valley Drug and Alcohol Abuse Council and the Roanoke Area Youth Substance Abuse Coalition in support of Red Ribbon Week to be held during the last week of October, was before Council. File #76-304 CERTIFICATION OF EXECUTIVE SESSION. (6-0) Reappointed Robert K. Bengtson, Acree Hayes and Chauncey Logan as members of the City of Roanoke Transportation Safety Commission. File g20-110 Appointed the following: Ramey A. Bower, Sr. File g20-110 City of Roanoke Transportation Safety Commission Lular R. Lucky File #110-488 Roanoke Neighborhood Partnership Steering Committee 11 City Clerk's Office City of Roanoke, Virginia October 28, 1994 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. 32212-102494 Ordinance No. 32213-102494 Ordinance No. 32214-102494 Ordinance No. 32215-102494 Ordinance No. 32216-102494 Ordinance No. 32217-102494 Ordinance No. 32218-102494 Ordinance No. 32220-102494 Ordinance No. 32221-102494 Budget Ordinance No. 32225-102494 Budget Ordinance No. 32226-102(194 Resolution No. 32227-102494 Ordinance No. 32228-102494 Ordinance No. 32229-102494 Resolution No. 32230-102494 Resolution No. 32231-102494 Resolution No. 32232-102494 Budget Ordinance No. 32233-102494 Ordinance No. 32234-102494 Resolution No. 32235-102494 Resolution No. 32238-102494 Resolution No. 32239-102494 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 24, 1994. If you have questions, please do not hesitate to call me. ~~.~&,~Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Eric. City Clerk's Office City of Roanoke, Virginia October 28, 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: Budget Ordinance No. 32225-102494 Budget Ordinance No. 32226-102494 Resolution No. 32227-102494 Ordinance No. 32228-102494 Ordinance No. 32229-102494 Resolution No. 32230-102494 Resolution No. 32231-102494 Resolution No. 32232-102494 Budget Ordinance No. 32233-102494 Ordinance No. 32234-102494 Resolution No. 3223§-102494 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 24, 1994. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Eno. City Clerk's Office City of Roanoke, Virginia October 28, 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. 32212-102494 Ordinance No. 32213-102494 Ordinance No. 32214-102494 Ordinance No. 32215-102494 Ordinance No. 32216-102494 Ordinance No. 32217-102494 Ordinance No. 32218-102494 Ordinance No. 32220-102494 Ordinance No. 32221-102494 Resolution No. 32227-102494 Ordinance No. 32228-102494 Ordinance No. 32229-102494 Resolution No. 32230-102494 Resolution No. 32231-102494 Resolution No. 32232-102494 Ordinance No. 32234-102494 Resolution No. 32235-102494 Resolution No. 32238-102494 Resolution No. 32239-102494 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 24, 1994. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. City Clerk's Office City of Roanoke, Virginia October 28, 1994 Steven J. Talevi Assistant City Attorney Roanoke, Virginia Dear Mr. Talevi: I am attaching copy of the following measures Office: that pertain Ordinance No. 32212-102494 Ordinance No. 32213-102494 Ordinance No. 32214-102494 Ordinance No. 32215-102494 Ordinance No. 32216-102494 Ordinance No. 32217-102494 Ordinance No. 32218-102494 Ordinance No. 32220-102494 Ordinance No. 32221-102494 The abovereferenced measures were adopted by the Council at a regular meeting held on Monday, October 24, 1994. If you have questions, please do not hesitate to call me. Sincerely, ~ Mary F. Parker, CMC/AAE City Clerk MFP: sm to the City Attorney's of the City of Roanoke Eno. City Clerk's Office City of Roanoke, Virginia October 28, 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. 32212-102494 Ordinance No. 32213-102494 Ordinance No. 32214-102494 Ordinance No. 32215-102494 Ordinance No. 32216-102494 Ordinance No. 32217-102494 Ordinance No. 32218-102494 Ordinance No. 32220-102494 Ordinance No. 32221-102494 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 24, 1994. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Eric pc: Kathy Brickey, Appraiser Aide, Real Estate Valuation City Clerk's Office City of Roanoke, Virginia October 28, 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: Budget Ordinance No. 32225-102494 Budget Ordinance No. 32226-102494 Resolution No. 32227-102494 Ordinance No. 32228-102494 Ordinance No. 32229-102494 Resolution No. 32230-102494 Resolution No. 32231-102494 Resolution No. 32232-102494 Budget Ordinance No. 32233-102494 Ordinance No. 32234-102494 Resolution No. 32235-102494 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 24, 1994. If you have questions, please do not hesitate to call me. Sincerely, ~,~. Mary F. Parker, CMC/AAE City Clerk MFP: sm Ene o City Clerk's Office City of Roanoke, Virginia October 28, 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. 32233-102494 Ordinance No. 32234-102494 Resolution No. 32235-102494 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 24, 1994. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Ene. City Clerk's Office City of Roanoke, Virginia October 28, 1994 Glenn D. Radcliffe, Director Human Development Roanoke, Virginia Dear Mr. Radcliffe: I am attaching copy of the following measures that pertain to your directorate: Resolution No. 32230-102494 Resolution No. 32231-102494 Resolution No. 32232-102494 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 24, 1994. If you have questions, please do not hesitate to call me. Sincerely, Mary F~'F.%. arker, CMC/AAE City Clerk MFP: sm Enc. City Clerk's Office City of Roanoke, Virginia October 28, 1994 William F. Clark, Director Public Works Roanoke, Virginia Dear Mr. Clark: I am attaching copy of the following measures that pertain to your directorate: Ordinance No. 32212-102494 Ordinance No. 32213-102494 Ordinance No. 32214-102494 Ordinance No. 3221§-102494 Ordinance No. 32216-102494 Ordinance No. 32217-102494 Ordinance No. 32218-102494 Ordinance No. 32220-102494 Ordinance No. 32221-102494 Budget Ordinance No. 32226-102494 Resolution No. 32227-102494 Ordinance No. 32228-102494 Ordinance No. 32229-102494 Resolution No. 32232-102494 Budget Ordinance No. 32233-102494 Ordinance No. 32234-102494 Resolution No. 32235-102494 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 24, 1994. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. City Clerk's Office City of Roanoke, Virginia October 28, 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. 32212-102494 Ordinance No. 32213-102494 Ordinance No. 32214-102494 Ordinance No. 32215-102494 Ordinance No. 32216-102494 Ordinance No. 32217-102494 Ordinance No. 32218-102494 Ordinance No. 32220-102494 Ordinance No. 32221-102494 Budget Ordinance No. 32226-102494 Resolution No. 32227-102494 Ordinance No. 32228-102494 Ordinance No. 32229-102494 Budget Ordinance No. 32233-102494 Ordinance No. 32234-102494 Resolution No. 32235-102494 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 24, 1994. If you have questions, please do not hesitate to call me. Mary F. Parker, CMC/AAE City Clerk MFP: sm Erie. City Clerk's Office City of Roanoke, Virginia October 28, 1994 John R. Marlles, Chief Planning and Community Development Roanoke, Virginia Dear Mr. Marlles: I am attaching copy of the following measures that pertain to your department: Ordinance No. 32212-102494 Ordinance No. 32213-102494 Ordinance No. 32214-102494 Ordinance No. 32215-102494 Ordinance No. 32216-102494 Ordinance No. 32217-102494 Ordinance No. 32218-102494 Ordinance No. 32220-102494 Ordinance No. 32221-102494 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 24, 1994. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm ~nc. pc: Martha P. Franklin, Secretary, City Planning Commission City Clerk's Office City of Roanoke, Virginia October 28, 1994 Ronaid H. Miller Building Commissioner Roanoke, Virginia Dear Mr. Miller: I am attaching copy of the following measures that pertain to your department: Ordinance No. 32212-102494 Ordinance No. 32213-102494 Ordinance No. 32214-102494 Ordinance No. 32215-102494 Ordinance No. 32216-102494 Ordinance No. 32217-102494 Ordinance No. 32218-102494 Ordinance No. 32220-102494 Ordinance No. 32221-102494 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 24, 1994. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Eno o City Clerk's Office City of Roanoke, Virginia October 28, 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. 32212-102494 Ordinance No. 32213-102494 Ordinance No. 32214-102494 Ordinance No. 32215-102494 Ordinance No. 32216-102494 Ordinance No. 32217-102494 Ordinance No. 32218-102494 Ordinance No. 32220-102494 Ordinance No. 32221-102494 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 24, 1994. If you have questions, please do not hesitate to call me. Sincerely Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc o City Clerk's Office City of Roanoke, Virginia October 28, 1994 Ellen S. Evans Cost Construction Clerk Roanoke, Virginia Dear Ms. Evans: I am attaching copy of the following measures that pertain to the Enginee~ng Department: Budget Ordinance No. 32226-102494 Resolution No. 32227-102494 Ordinance No. 32228-102494 Ordinance Ne. 32229-102494 Budget Ordinance No. 32233-102494 Ordinance No. 32234-102494 Resolution No. 32235-102494 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 24, 1994. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Eno. City Clerk's Office City of Roanoke, Virginia October 28, 1994 Jan G. Bruce Project Manager Roanoke, Virginia Dear Mr. Bruce: I am attaching copy of the following measures that pertain to the Engineering Department: Budget Ordinance No. 32226-102494 Resolution No. 32227-102494 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 24, 1994. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. City Clerk's Office City of Roanoke, Virginia October 28, 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 directorate: Ordinance No. 32212-102494 Ordinance No. 32213-102494 Ordinance No. 32214-102494 Ordinance No. 32215-102494 Ordinance No. 32216-102494 Ordinance No. 32217-102494 Ordinance No. 32218-102494 Ordinance No. 32220-102494 Ordinance No. 32221-102494 Budget Ordinance No. 32226-102494 Resolution No. 32227-102494 Ordinance No. 32228-102494 Ordinance No. 32229-102494 Resolution No. 32232-102494 Budget Ordinance No. 32233-102494 Ordinance No. 32234-102494 Resolution No. 32235-102494 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 24, 1994. If you have questions, please do not hesitate to call me. Sincerely, ~..__ Mary F. Parker, CMC/AAE City Clerk MFP: sm gnc. City Clerk's Office City of Roanoke, Virginia October 28, 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. 32226-102494 Resolution No. 32227-102494 Ordinance No. 32228-102494 Ordinance No. 32229-102494 Budget Ordinance No. 32233-102494 Ordinance No. 32234-102494 Resolution No. 32235-102494 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 24, 1994. If you have questions, please do not hesitate to call me. Sincerely, p~ Mary F. Parker, CMC/AAE City Clerk MFP: sm City Clerk's Office City of Roanoke, Virginia October 28, 1994 M. Craig Sluss, Manager Water Department Roanoke, Virginia Dear Mr. Sluss: I am attaching copy of the following measure that pertains to your department: Ordinance No. 32229-102494 The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 24, 1994. If you have questions, please do not hesitate to call me. Sincerely, Mary F~'~. arker, CMC/AAE City Clerk MFP: sm Eric. City Clerk's Office City of Roanoke, Virginia October 28, 1994 Kenneth S. Cronin Personnel Manager Roanoke, Virginia Dear Mr. Cronin: I am attaching copy of the following measures that pertain to your department: Resolution No. 32231-102494 Resolution No. 32232-102494 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 24, 1994. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. pc: Glenn A. Asher, Risk Management Officer City Clerk's Office City of Roanoke, Virginia October 28, 1994 Phillip F. Sparks Acting Chief Economic Development Roanoke, Virginia Dear Mr. Sparks: I am attaching copy of the following measure that pertains to your department: Ordinance No. 32228-102494 The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 24, 1994. If you have questions, please do not hesitate to call me. Sincerely, ~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Eno. City Clerk's Office City of Roanoke, Virginia October 28, 1994 Charles A. Harlow Acting Grants Monitoring Administrator Roanoke, Virginia Dear Mr. Harlow: I am attaching copy of the following measures that pertain to your department: Ordinance No. 32228-102494 Resolution No. 32230-102494 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 24, 1994. If you have questions, please do not hesitate to cail me. Sincerely, Mary F?Parker, CMC/AAE City Clerk MFP: sm Enc. City Clerk's Office City of Roanoke, Virginia October 28, 1994 Vickie L. Price, Administrator Fifth District Employment and Training Consortium Roanoke, Virginia Dear Ms. Price: I am attaching copy of the following measure that pertains to your department: Resolution No. 32230-102494 The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 24, 1994. If you have questions, please do not hesitate to call me. Sincerely, p~._. Mary F. Parker, CMC/AAE City Clerk MFP: sm Eno. City Clerk's Office ' City of Roanoke, Virginia October 28, 1994 Steven L. Walker, Manager Water Pollution Control Plant Roanoke, Virginia Dear Mr. Walker: I am attaching copy of the following measures that pertain to your department: Budget Ordinance No. 32226-102494 Resolution No. 32227-102494 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 24, 1994. If you have questions, please do not hesitate to call me. Mary F. Parker, CMC/AAE City Clerk MFP: sm Ene o City Clerk's Office City of Roanoke, Virginia October 28, 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: Budget Ordinance No. 32233-102494 Ordinance No. 32234-102494 Resolution No. 32235-102494 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 24, 1994. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. pc: Robert K. Bengtson, Traffic Engineer City Clerk's Office City of Roanoke, Virginia October 28, 1994 Philip C. Schirmer Project Manager Roanoke, Virginia Dear Mr. Schirmer: I am attaching copy of the following measure that pertains to the Engineerir~g Department: Ordinance No. 32229-102494 The abovereferenced measure was adopted by the Council of the City of Roanoke, at a regular meeting held on Monday, October 24, 1994. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. MINUTES CONSIDERED AT THIS COUNCIL MEETING MAY BE REVIEWED ON LINE IN THE "OFFICIAL MINUTES" FOLDER, OR AT THE CITY CLERK'S OFFICE DAVID A. BOWERS Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 Church Avenue, S.W., Room 452 Roanoke, Virginia 24011-1594 Telephone: (703) 981-2444 October 24, 1994 The Honorable Vice-Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Members of Council: 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 24011-1536 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk October 28, 1994 File #15-20-110 Robert K. Bengtson, Chair City of Roanoke Transportation Safety Commission 4394 Sutnmerset Drive, S. W. Roanoke, Virginia 24014 Dear Mr. Bengtson: This is to advise you that Troy M. White has qualified as a member of the City of Roanoke Transportation Safety Commission for a term ending October 31, 1996. /'"~' ~ -~'Sincerely, ~dL,~.n......_ Mary F. Parker, CMC/AAE City Clerk MFP: sm pc: Sandra H. Eakin, Deputy City Clerk (;IT'd ' '94 [ti';r!O P!:!2 Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Troy M. White, 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 ail the duties incumbent upon me as a member of the City of Roanoke Transportation Safety Commission for a term ending October 31, 1996, according to the best of my ability. So help me God. Subscribed and sworn to before me this ,7'~ day of C'~(~-w 1094. ARTHUR B. CRUSH, III, CLERK BY /Cff~' C'~ , DEPUTY CLERK MARY F. PARKER, CMC/AAE Cit? Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W. Room 456 Roanoke, Virginia 24011-1536 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk October 28, 1994 File #15-110-467 Dr. Charles L. Downs, President Virginia Western Community College 3095 Colonial Avenue, S. W. Roanoke, Virginia 24015 Dear Dr. Downs: This is to advise you that Margaret M. Grayson has qualified as a member of the Virginia Western Community College Board for a term ending June 30, 1998. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm pc: Sandra H. Eakin, Deputy City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Margaret M. Grayson, 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 Virginia Western Community College Board for a term ending June 30, 1998, according to the best of my ability. So help me God. Subscribed and sworn to before me this day of (~exf'fS~.,~ j 1994' ARTHUR B. CRUSH, III, CLERK ,DEPUTY CLERK MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue. S.W.. Room 456 Roanoke. Virginia 24011-1536 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk October 28, 1994 File #123-137-304-467 Wilburn C. Dibling, Jr. City Attorney Roanoke, Virginia Dear Mr. Dibling: At a regular meeting of the Council of the City of Roanoke held on Monday, October 24, 1994, you were requested to include an item in the City's 1995 Legislative Program encouraging the General Assembly to continue funding and/or to increase funding for educational programs that benefit the juvenile and adult jail population. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm pc: The Honorable W. Alvin Hudson, Sheriff W. Robert Herbert, City Manager MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S,W.. Room 456 Roanoke, Virginia 24011-1536 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk October 28, 1994 File #60-270-467-472 The Reverend C. Nelson Harris, Chairperson Roanoke City School Board 2813 Edgewood Street, S. W. Roanoke, Virginia 24015 Dear Reverend Harris: I am enclosing copy of Ordinance No. 32225-102494 amending and reordaining certain sections of the 1994-95 School and General Fund Appropriations, providing for appropriation of funds to the following school grant accounts: $27,000.00 - Adult Education in the Jails Program, $98,898.00 - Regionai Adult Literacy and Basic Education Program, $20,150.00 - Artist in Education Program, $5,000.00 - Roanoke River Outreach Pilot Program; and further appropriating $353,245.00 from the 1994-95 Capital Maintenance and Equipment Replacement Fund for the purchase of instructional and administrative computers, radios, operational furniture and equipment, for the aiteration and upgrade of elementary school classrooms, for alteration of school grounds, for replacement of grounds maintenance equipment, and for technical inspections for replacement of roofs. Ordinance No. 32225-102494 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 24, 1994. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. pc: E. Wayne Harris, Superintendent of Roanoke City Public Schools Richard L. Kelley, Assistant Superintendent for Operations, Roanoke City Public Schools June S. Noliey, Clerk of the Roanoke City School Board IN THE COUNCIL OF THE CITY OF RO~OI~Ev The 24th day of October, 1994. No. 32225-102494. VIRGINIA AN ORDINANCE to amend and reordain certain sections of the 1994-95 School and General Fund Appropriations, 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 Roanoke that certain sections of the Fund Appropriations, be, and the same reordained to read as follows, in part: School Fund and providing for the Council of the city of 1994-95 School and General are hereby, amended and ADDroDri&tions Education Adult Education in the Jails 94-95 (1) ........... Regional Adult Literacy and Basic Education 94-95 (2) ....................... Artist in Education 94-95 (3-4) .................. Roanoke River Outreach Pilot Other Uses of Funds (23) ......................... $109,443,521 27,000 98,898 20,150 5,000 1,914,845 54,639,422 2,124,692 Revenue Education Adult Education in the Jails 94-95 (24) .......... Regional Adult Literacy and Basic Education 94-95 (25) ....................... Artist in Education 94-95 (26-27) ................ Roanoke River Outreach Pilot Program (28) .................................... Non-Operating (29) ............................... $109,827,733 27,000 98,898 20,150 5,000 35,449,049 XDDrOD~Xa~Loas ~ondep~rtment~l Transfers to Other Funds (30) .................... Fund Bnl&noe Capital Maintenance and Equipment Replacement Program - School Unappropriated (31) ............. $ 48,264,185 47,521,356 784,889 1) Contracted Services 2) Contracted Services 3) Contracted Artists 4) Instructional Supplies 5) Program Fees 6) Administrative Materials 7) Instructional Supplies' 8) Inservice Materials 9) School Administrative Computers 10) Computer Equipment 11) Transportation Radios 12) Replacement of Classroom Equipment 13) Replacement of Furniture 14) Equipment - Alteration of Elementary Classrooms 15) Addition of Classroom Furniture 16) Alteration of Elementary Classrooms 17) Replacement of Equipment - Grounds Maintenance 18) Alteration of Grounds (030-060-6773-6550-0313) $ 27,000 (030-060-6774-6550-0313) 98,898 (030-060-6818-6201-0381) 15,595 (030-060-6818-6201-0614) 4,555 (030-060-6927-6100-0381) 2,160 (030-060-6927-6100-0601) 2,250 (030-060-6927-6100-0614) 500 (030-060-6927-6100-0617) 90 (030-060-6006-6662-0821) (030-060-6006-6302-0826) (030-060-6006-6676-0821) (030-060-6006-6681-0801) (030-060-6006-6681-0802) (030-060-6006-6681-0821) (030-060-6006-6681-0822) (030-060-6006-6681-0851) (030-060-6006-6682-0801) (030-060-6006-6682-0851) 27,381 104,721 111,431 6,623 17,275 1,050 3OO 63,438 13,679 2,347 19) Replacement of Roofs - Technical Inspections 20) Matching Funds 21) Matching Funds 22) Matching Funds 23) Transfer to MY Fund 24) Federal Grant Receipts 25) Federal Grant Receipts 26) State Grant Receipts 27) Local Match 28) State Grant Receipts 29) Transfer From General Fund 30) Transfer to School Fund 31) CMERP - School (030-060-6006-6896-0809) $ 030-060-6001-6201-0588) ( (030-060-6001-6101-0588) ( 030-060-6001-6004-0588) ( 030-060-6007-6999-0911) 030-060-6773-1102) 030-060-6774-1102) 030-060-6818-1100) 030-060-6818-1101) (030-060-6927-1100) (030-060-6000-1037) (001-004-9310-9530) (001-3324) 5,000 5,000) 1,500) 4,750) 11,250 27,000 98,898 8,900 11,250 5,000 353,245 353,245 353,245 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance~ shall be in effect from its passage. ATTEST: City Clerk. October 24, 1994 TO~ FROM: gUBJECT~ Honorable Mayor and Members of city Council James D. Grisso, Director of Finance School Board Request for the Appropriation of School Funds and CMERP Funds I have reviewed the attached request to appropriate funding for the School Board. This report will appropriate funding for four grants in the School Fund. These grants are funded with federal and state funds. In addition to these funding sources, the Artist in Education grant requires a local match of $11,250. Funding for the local match is available in the following accounts: Matching Funds (030-060-6001-6201-0588) $5,000 Matching Funds (030-060-6001-6101-0588) $1,500 Matching Funds (030-060-6001-6004-0588) $4,750 This report also appropriates $353,245 from the School portion of the Capital Maintenance and Equipment Replacement Program. The CMERP funds will be used for the purchase of instructional and administrative computers, the purchase of radios to communicate between school buses and school administrators, the purchase of operational furniture and equipment, alteration and upgrade of elementary school classrooms, the alteration of grounds, the replacement of grounds maintenance equipment, and technical inspections for the replacement of roofs. This is the second appropriation of the School Boards FY94 CMERP funding of $2,020,436. This will leave an unappropriated balance of $784,889. I recommend that you concur with this request of the School Board. l~ector of Finance JDG:vkb -,~ C. Nelson Harris, Chairman Marilyn L. Curtis, Vice Chairman Charles W. Day x -Roanoke City School Board Marsha W. Ellison Finn D. Pincus Clubert G. Poff P.O. Boxt3145, Roanoke, Virginia 24031 · 703-981-2381 · Fax: 703-981-2951 John H. Saunders E. Wayne Harris, Superintendent June S. Nolley, Clerk of the Board October 12, 1994- The Honorable David A. Bowers, Mayor and Members of Roanoke City Council Roanoke, VA 24011 Dear Members of Council: As the result of official School Board action at its October 1 l, 1994 meeting, the Board respectfully requests City Council to appropriate funds to the following school grants: Grant No. 6773 - $27,000.00 for the Adult Education in the Jails Program for 1994-95 to provide pass-through funds to be used for instruction to inmates in the Roanoke City and Roanoke County Jails to aid in their acquisition of the GED Certificate. The program will be reimbursed one hundred percent by federal funds. Grant No. 6774 - $98,898.00 for the Regional Adult Literacy and Basic Education Program for 1994-95 to provide funds for the administration of adult literacy programs. The program will be subcontracted through Total Action Against Poverty, and federal funds will pass through the Roanoke City Public Schools. Grant No. 6818 - $20,150.00 for the Artist in Education Program to provide funds for the enhancement of the district's arts program by bringing experts into the schools for student workshops. The program will be reimbursed by federal funds in the amount of $8,900.00 with a local match in the amount orS11,250.00. Grant No. 6927 - $5,000.00 for the Roanoke River Outreach Pilot Program to provide environmental education and to develop curriculum on river environments. The program will be reimbursed one hundred percent by state funds. The Board further requests the appropriation of $353,245.00 in 1994~95 Capital Maintenance and Equipment Replacement Funds. The proceeds will be used for the purchase of instructional and administrative computers, the purchase of radios to communicate between school buses and school administrators, the purchase of operational furniture and equipment, the Excellence in Education Members of Council Page 2 October 12, 1994 alteration and upgrade of elementary school classrooms, the alteration of grounds, the replacement of grounds maintenance equipment, and technical inspections for the replacement of roofs. The Board appreciates the approval of these requests. Sincerely, June S. Nolley, CPS Clerk of the Board re CC: Rev. C. Nelson Harris Mr. E. Wayne Harris Mr. Richard L. Kelley Mr. William L. Murray, Jr. Mr. Kenneth F. Mundy Mr. W. Robert Herbert Mr. Wilbum C. Dibling Mr. James D. Grisso Mrs. Ila Farriss (with accounting details) ROANOKE CITY SCHOOL BOARD Roanoke, Virginia APPROPRIATION REQUEST Adult Education in the Jails 94-95 6773 030-060-6773-6550-0313 Appropriation Unit X7V Contracted Services $ 030-060-6773-1102 Federal Grant Receipts The Adult Education in the Jails program for 1994-95 will provide pass-through funds to be used for instruction to inmates in the Roanoke City and Roanoke County Jails to aid in their acquisition of the GED Certificate. The program will be reimbursed one hundred percent by federal funds. The program will operate September 1, 1994 through June 30, 1995. October 11, 1994 ROANOKE CITY SCHOOL BOARD Roanoke, Virginia APPROPRIATION REQUEST Regional Adult Literacy and Basic Education 94-95 6774 030-060-6774-6550-0313 Appropriation Unit X7W 030-060-6774-1102 Contracted Services Federal Grant Receipts $ 98.898.00 $ ~8.898.00 The Regional Adult Literacy and Basic Education program for 1994-95 will provide funds for the administration of adult literacy programs in AIIoghany County, Roanoke County and the Cities of Covington, Clifton Forge and Salem. The program will be subcontracted through Total Action Against Poverty (TAP), and federal funds will pass through the Roanoke City Schools. The program will operate September 1, 1994 through June 30, 1995. October 11, 1994 ROANOKE CITY SCHOOL BOARD Roanoke, Virginia APPROPRIATION REQUEST Artist in Education 94-95 68t8 030-060-6818-6201-0381 030-060-6818-6201-0614 Appropriation Unit X8L Contracted Artists Instructional Supplies $ 15,595.00 77.4% 4.555.00 22.6 $ ~ 100.0% 030-060-6818-1101 030-060-6818-1100 Local Match $ 11,250.00 55.8% State Grant Receipts 8,900.00 44.2 $ ~ 100.0% The Artist in Education program provides funds for the enhancement of the district's arts program by bdnging experts into the schools for student workshops. The program is reimbursed in the amount of $8,900 by state funds. Local match in the amount of $11,250 will be provided from accounts 030-060-6001-6201-0588 ($5,000), 030-060-6001-6101-0588 ($1,500) and 030-060- 6001-6004-0588 ($4,750). The program will end June 30, 1995. October 11, 1994 ROANOKE CITY SCHOOL BOARD Roanoke, Virginia APPROPRIATION REQUEST Roanoke River Outreach Pilot Program 6927 030-060-6927-6100-0381 030-060-6927-6100-0601 030-060-6927-6100-0614 030-060-6927-6100-0617 Appropriation Unit X9K Program Fees Administrative Materials Instructional Supplies Inservice Materials $ 2,160.00 43.2% 2,250.00 45.0 500.00 10.0 90.00 1.8 $ 5.000.00 100.0% 030-060-6927-1100 State Grant Receipts $ 5.000.00 The Roanoke River Outreach Pilot Program is a Virginia Environmental Endowment Mini-Grant and is one hundred percent funded by state funds. The program will be used to provide environmental education and to develop curriculum on dyer environments. The program will end June 30, 1995. October 11, 1994 ROANOKE CITY SCHOOL BOARD Roanoke, Virginia APPROPRIATION REQUEST Capital Maintenance and Equipment Replacement Funds Request II 030-060-6006-6662-0821 030-060-6006-6302-0826 030-060-6006-6676-0821 030-060-6006-6681-0801 030-060-6006-6681-0802 030-060-6006-6681-0821 030-060-6006-6681-0822 030-060-6006-6681-0851 030-060-6006-6682-0801 030-060-6006-6682-0851 030-060-6006-6896-0809 · Appropriation Unit ZD1 School Administrative Computers $ 27,381.00 7.8% Computer Equipment 104,721.00 29.6 Transportation Radios 111,431.00 31.5 Replacement of Classroom Equipment 6,623.00 1.9 Replacement of Furniture 17,275.00 4.9 Equipment - Alteration of Elementary Classrooms 1,050.00 0.3 Addition of Classroom Fumitura 300.00 0.1 Alteration of Elementary Classrooms 63,438.00 17.9 Replacement of Equipment - Grounds Maintenance 13,679.00 3.9 Alteration of Grounds 2,347.00 0.7 Replacement of Roofs - Technical inspections 5,000.00 1.4 $ ~ 100.0% The above appropriation represents the second request for proceeds from the 1994-95 Capital Maintenance and Equipment Replacement Fund. The proceeds will be used for the purchase of instructional and administrative computers, the purchase of radios to communicate between school buses and school administrators, the purchase of operational furniture and equipment, the alteration and upgrade of elementary school classrooms, the alteration of grounds, the replacement of grounds maintenance equipment, and technical inspections for the replacement of roofs. The balance of the estimated Capital Maintenance and Equipment Replacement Fund for 1994-95 after the appropriation of the above funds is $784,890. October 11, 1994 MARY IF. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S,W,, Room 456 Roanoke, Virginia 24011-1536 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk October 28, 1994 File #405-468 David C. Hammond Vice-President Hayes, Seay, Mattern and Mattern, Inc. P. O. Box 13446 Roanoke, Virginia 24034 Dear Mr. Hammond: I am enclosing copy of Resolution No. 32227-102494 authorizing execution of Amendment No. 1 to the City's contract with Hayes, Seay, Mattern and Mattern, Inc., for additional services to be performed in connection with the Infiltration/Inflow Reduction Design at the Water Pollution Control Plant, in the amount of $98,041.00, for a total contract amount, including Amendment No. 1, of $238,252.00. Resolution No. 32227-102494 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 24, 1994. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Eno. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of October, 1994. No. 32227-102494. A RESOLUTION authorizing the execution of Amendment No. 1 to the City's contract with Hayes, Seay, Mattern & Mattern, Inc. for additional services to be performed in connection with the Infiltration/Inflow Reduction Design at the Water Pollution Control Plant. BE follows: 1. IT RESOLVED by the Council of the city of Roanoke as The City Manager or the Assistant City Manager is authorized and empowered to execute, for and on behalf of the City, upon form approved by the City Attorney, Amendment No. 1 to the City's contract with Hayes, Seay, Mattern & Mattern, Inc., dated September 27, 1993, in order to provide additional services in connection with the Infiltration/Inflow Reduction Design at the Water Pollution Control Plant as more specifically set forth in the City Manager's report to Council dated October 24, 1994. 2. Such amendment shall be in the amount of $98,041, with the total contract to be in the amount of $238,252. ATTEST: City Clerk. IN THE COUNCIL OF THE CITY OF RO~NOKE, VIRGINIA The 24th day of October, 1994. No. 32226-102494. AN ORDINANCE to amend and reordain certain sections of the 1994-95 Sewage 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 Roanoke that certain sections Appropriations, be, to read as follows, by the Council of the City of of the 1994-95 Sewage Fund and the same are hereby, amended and reordained in part: Capital Outlay Sewershed I/I Reduction-II (1) .................... $ 17,356,623 239,741 Ret&ined Earninqs Retained Earnings - Unrestricted (2) .............. 16,288,211 1) Appropriated from General 2) Retained Earnings - Unrestricted (003-056-8460-9003) $ 98,041 (003-3336) (98,041) BE IT FURTHER ORDAINED that~ an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. :','. Roanoke, Virginia ~ October 24, 1994 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of City Council: SUBJECT: AMENDMENT NO. 1 AGREEMENT FOR CONSULTANT SERVICES WITH HAYES, SEAY, MATTERN & MATTERN, INC. FOR INFILTRATION/INFLOW (I/I) REDUCTION DESIGN WATER POLLUTION CONTROL PLANT Backqround: City of Roanoke, Roanoke County, City of Salem, Town of Vinton, and Botetourt County received a Special Consent Order from the State Water Control Board in June of 1992 to address the infiltration/inflow being experienced at the Water Pollution Control Plant. Infiltration/Inflow (I/I) is the term for unwanted water (e.g., stormwater and gound water) that enters the sanitary sewer system from area way drains and cracked or broken sewerlines and manholes. Special Consent Order specifies several dates for conformance as follows: Submit a Sewershed Evaluation Plan to the State Water Control Board by no later than September 30, 1992. Submit an approvable list of proposed infiltration/inflow corrective action proiects no later than December 1, 1992. Submit a report quantifyinq the success of these projects in reducinq infiltration/inflow to the Water Pollution Control Plant no later than July 31, 1993. Sewershed Evaluation Plan was submitted to the State Water Control Board on September 9, 1992. City of Roanoke proposed to submit six (6) of a total of fifteen (15) sewersheds within its boundaries in its Sewershed Evaluation Plan as an initial effort in meeting the conditions of the Consent Order. This decision was based on historical data, day-to-day maintenance, and performance during heavy rainfall events. It was decided that identifying and correcting the problems in these six (6) areas would have the most Honorable Mayor and Members of City Council AMENDMENT NO. 1 AGREEMENT FOR CONSULTANT SERVICES WITH HAYES, SEAY, MATTERN & MATTERN, INC. FOR INFILTRATION/INFLOW (I/I) REDUCTION DESIGN WATER POLLUTION CONTROL PLANT Page 2 October 24, 1994 significant impact on reducing I/I to the plant in the most cost-effective manner possible. City Council awarded Engineering Services Contracts to Mattern & Craig, Inc. and Anderson &Associates, Inc. on November 2, 1992 for Sanitary Sewershed Evaluation Plan Implementation and Project Identification. Proiects were identified and an Agreement for Consultant Services with Hayes, Seay, Mattern and Mattern, Inc. was approved at City Council's regular meeting on September 27, 1993 in the amount of $134,965. Identified proiects previously approved are as follows: 1. Shaffers Crossing Sewershed - Project SC-9 2. Garden City Sewershed - Project GC-1 3. Murray Run Sewershed - Project MR-2 II. Current Situation: Murray Run MR-1 - This additional project is being activated from initial flow monitoring through design, construction inspection, and final flow monitoring. The cost for this is 977,113. Purchase of flow meters versus rental of meters will produce a savings to the City. Rental of Flow Meters (4) $225 per week x 30 week use x 4 meters $27,000 Purchase of Flow Meters (4) Associated software and equipment 26,174 Savings $ 826 Future savings will be recognized as flow meters will be used on additional projects. Honorable Mayor and Members of City Council AMENDMENT NO. 1 AGREEMENT FOR CONSULTANT SERVICES WITH HAYES, SEAY, MATTERN & MATTERN, INC. FOR INFILTRATION/INFLOW (I/I) REDUCTION DESIGN WATER POLLUTION CONTROL PLANT Page 3 October 24, 1994 Net increase in contract amount is $98,041. Original Contract Amount MR-1 Purchase Flow Meters Proposed Revised Contract 9134,965 77,113 26,174 9238,252 Net Increase 9 98,041 III. Issues Bo in Order of Importance: Engineerinq concerns in maintaining the most cost-effective (I/I) reduction program in accordance with the three (3) year funding approved by City Council. Reasonableness of engineering fee Purchase of flow meters Fundinq IV. Alternatives: City Council authorize the City Manger to execute Amendment No. 1 to the engineering services agreement with Hayes, Seay, Mattern & Mattern, Inc. in a form suitable to the City Attorney. Engineering concerns will be met in maintaining the most cost- effective I/I reduction program and remaining within the three (3) year funding limitations approved by City Council. Reasonableness of en,qineerinq fee has been established through negotiations in the scope of work. Purchase of flow meters versus rental of meters will produce a savings to the City. Funding is available in the Sewer Fund Retained Earnings Account for the additional funding needed of $98,041. Honorable Mayor and Members of City Council AMENDMENT NO. 1 AGREEMENT FOR CONSULTANT SERVICES WITH HAYES, SEAY, MATTERN & MATTERN, INC. FOR INFILTRATION/INFLOW (I/I) REDUCTION DESIGN WATER POLLUTION CONTROL PLANT Page 4 October 24, 1994 Do not authorize the City Manager to execute Amendment No. 1 to the engineering services agreement with Hayes, Seay, Uattern & Mattern, Inc. 1. Engineering concerns will not be met. 2. Reasonableness of engineering fee will not be an issue. Purchase of flow meters should not be done at this time; however, it is expected that future rentals will cause an overall I/I reduction program cost increase. 4. Funding will not be an issue at this time. V. Recommendation: A. City Council authorize the implementation of Alternative "A". City Council appropriate $98,041 from the Sewer Fund Retained Earnings Account to Sewershed Rehabilitation Projects account number 003-056-8460-9055. Respectfully submitted, W. Robert Herbert City Manager WRH/JGB/ga/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 Budget Administrator MARY F. PARKER, CMC/AAE Cit', Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke. Virginia 2401 I-1536 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk October 28, 1994 File #27-166-178-207-236-450-514 M. D. Sensabaugh, Jr. Vice-President Adams Construction Co., Inc. P. O. Box 12627 Roanoke, Virginia 24027 Dear Mr. Sensabaugh: I am enclosing copy of Ordinance No. 32228-102494 approving the City Manager's issuance of Change Order No. 1 to the City's contract with Adams Construction Co., Inc., in the amount of $5,224.05, in connection with the Deanwood Industrial Park, for a total contract amount, including Change Order No. 1, of $103,717.80. Ordinance No. 32228-102494 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 24, 1994. Sincerely Mary F. Parker, CMC/AAE City Clerk MFP: sm Eric. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of October, 1994. No. 32228-102494. AN ORDINANCE approving the City Manager's issuance of Change Order No. 1 to the City's contract with Adams Construction Company, Inc., in connection with the Deanwood Industrial Park; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager or the Assistant City Manager is authorized and empowered to issue, for and on behalf of the City, upon form approved by the City Attorney, Change Order No. to the City's contract with Adams Construction Company, Inc., in connection with the Deanwood Industrial Park. 2. Such Change Order shall provide for the following changes in the work to be performed: ORIGINAL CONTRACT AMOUNT $ 98,493.75 CHANGE ORDER NO. 1: Raise the existing grade on Pocahontas Avenue TOTAL AMOUNT OF CHANGE ORDER NO. 1 5,224.05 CONTRACT AMOUNT INCLUDING CHANGE ORDER NO. 1 $ 103,717.80 ADDITIONAL TIME REQUIRED FOR CHANGE ORDER NONE 3. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. Roanoke, Virginia October 24, 1994 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of City Council: Subject: CHANGE ORDER NO. 1 DEANWOOD INDUSTRIAL PARK I. Background: Acceptance of a bid submitted by Adams Construction Company, Inc., for the Deanwood Industrial Park was made by City Council on April 11, 1994. The project is for .qradinq, pavinq and providing drainage for approximately 650 feet of Connecticut Avenue just north of Orange Avenue on Hollins Road. Also, it covers additional paving on Pocahontas Avenue. C. Work was started on the project as of June 6, 1994. II. Current Situation: Due to the inaccurate toDo~raDhic map, the existinq qrade on Pocahonta.,, Avenue needs to be raised to provide for an easy access to businesses in that area. Change Order No. 1 provides for this work. The proposed change has been reviewed and accepted by the Planning Department and Engineering Staff. Current funds are encumbered in the Deanwood Industrial Park project account number 035-093-9330-5051 in the amount of $98,493.75 for this contract. Additional funds in the amount of 912,718.00 are available in the project contingency to fund this change order. Original Contract Amount Amount of Change Order No. 1 New Contract Amount $ 98,493.75 5,224.05 9103,717.80 Honorable Mayor and Members of City Council CHANGE ORDER NO. 1 DEANWOOD INDUSTRIAL PARK Page 2 October 24, 1994 Ill. Issues in order of importance are: A. Funds B. Cost IV. Alternatives are: A. Approve Change Order No. 1 to the contract with Adams Construction Company, Inc., in the amount of $5,224.05. 1. Funds are available in the project contingency fund. 2. Cost is reasonable and reflects current market conditions. B. Do not approve Change Order No. 1 to the contract with Adams Construction Company, Inc., in the amount of $5,224.05. 1. Funds remain available in the project contingency fund. 2. Cost is not an issue. V. Recommendation is that City Council take the following action: Approve Alternative "A" thereby authorizing the execution of Change Order No. 1 in the amount of $5,224.05 to the contract with Adams Construction Company, Inc. Respectfully submitted, W. Robert Herbert City Manager WRH/DWD/kh Honorable Mayor and Members of City Council CHANGE ORDER NO. 1 DEANWOOD INDUSTRIAL PARK Page 3 October 24, 1994 CC.' City Attorney Director of Finance Director of Public Works Assistant to City Manager for Community Relations City Engineer Construction Cost Technician Accountant, Contracts and Fixed Assets Budget Administrator MARY F. PARKER, CMC/AAE Cit~ Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue. S~W,, Room 456 Roanoke, Virginia 24011-1536 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk October 28, 1994 File #27-183-468 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: At a regular meeting of the Council of the City of Roanoke held on Monday, October 24, 1994, you were requested to report to Council with regard to suggested alternatives in lieu of submitting individual change orders for various construction contracts; and as a part of the report, you were further requested to address procedures used by other localities in Virginia, the number of change orders approved by Council within the past six to twelve months, and the question of establishing a dollar threshold and/or percentage of total contract at which point change orders will be submitted to Council for approval. 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 Roanok¢~ Virginia 24011-1536 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk October 28, 1994 File #27-405-468 E. C. Pace, III, President E. C. Pace Co., Inc. P. O. Box 12685 Roanoke, Virginia 24027 Dear Mr. Pace: I am enclosing copy of Ordinance No. 32229-102494 approving the City Manager's issuance of Change Order No. 2 to the City's contract with E. C. Pace Co., Inc., in the amount of $8,330.00, in connection with Carvins Cove Filter Plant Improvements- Phase II, Contract C-1, for a total contract amount, including Change Order No. 2, of $1,482,196.80. Ordinance No. 32229-102494 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 24, 1994. Sincerely City Clerk MFP:sm Eno. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day o£ October, 1994. No. 32229-102494. AN ORDINANCE approving the City Manager's issuance of Change Order No. 2 to the City's contract with E. C. Pace Company, Inc., in connection with Carvins Cove Filter Plant Improvements - Phase II, Contract C-I; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager or the Assistant City Manager is authorized and empowered to issue, for and on behalf of the City, upon form approved by the City Attorney, Change Order No. 2 to the City's contract with E. C. Pace Company, Inc., in connection with Carvins Cove Filter Plant Improvements - Phase II, Contract C-1. 2. Such Change Order shall provide for the following changes in the work to be~ performed: ORIGINAL CONTRACT AMOUNT CHANGE ORDER NO. 1 CHANGE ORDER NO. 2 Install two additional valves, vaults and twenty feet of twelve inch water main. TOTAL AMOUNT OF CHANGE ORDER NO. 2 CONTRACT AMOUNT INCLUDING CHANGE ORDER NO. 2 ADDITIONAL TIME REQUIRED FOR CHANGE ORDER $1,485,976.80 (12,110.00) 8,330.00 $1,482,196.80 NONE 3. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shah be in full force and effect upon its passage. ATTEST: City Clerk. Roanoke, Virginia October 24, 1994 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of City Council: SUBJECT: CHANGE ORDER NO. 2 CARVINS COVE PHASE II CONTRACT C-1 Backro_gLg_~: Ao ~ of a bid submitted by E. C. Pace Company, Inc. for Carvins Cove Phase II, Contract C-1, was made by City Council on June 28, 1993. The proiect extends a water main from the area of Orange Avenue and Williamson Road, generally following 13th Street to the Roanoke River. Work was started on the project as of September 9, 1993. II. Current Situation: The Water Department desires to put the water main for Contract C-2 into service as soon as possible. In order to accomplish this goal, it is necessary to install additional valves and water main in Contract C-1. This additional work is located in the general vicinity of the Water Pollution Control Plant. The contractor has proposed installation of two additional valves, vaults, and twenty feet (20') of twelve inch (12") water main. The cost for this additional work is $8,330.00. The contractor's proposal has been reviewed and accepted by the engineering consultant and City staff. Bo Fundi~ in the Carvins Cove Waterline account number 002- 056-8371-9065 in the amount of $1 485 976.80 for this contract. Original Contract Amount Change Order No. 1 Amount of Change Order No. 2 New Contract Amount $1,485,976.80 ( 12,110.00) 8_ 233o.oo $1 482 196.80 Honorable Mayor and Members of City Council CHANGE ORDER NO. 2 CARVINS COVE PHASE II CONTRACT C-1 October 24, 1994 Page 2 III. Issues in Order of Importance: A. Funds B. Cost C. Need IV. Alternatives: Approve Change Order No. ? to the contract with E. C. Pace Company, Inc. in the amount of $8,330.00. Funds are available in the project contingency to fund the change. Cost is reasonable and reflects current market conditions. Need to place portions of newly completed water main into service is satisfied. Do not. approve Change Order No. ? to the contract with E. C. Pace Company, Inc. in the amount of $8,330.00. Funds remain available in the project contingency. Cost is not an issue, Need to place portions of newly completed water main into service is not satisfied. Honorable Mayor and Members of City Council CHANGE ORDER NO. 2 CARVINS COVE PHASE II CONTRACT C-1 October 24, 1994 Page 3 V= Recommend__~ation: Ao Cit Council a rove Alternative "A", thereby authorizing the execution of Change Order No. 2 in the amount of $8,330.00 to the contract with E. C. Pace Company, Inc. - Respectfully submitted, W. Robert Herbert City Manager WRH/PCS/fm/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 Budget Administrator -/ Calculation Sheet IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of October, 1996. No. 32230-102696. A RESOLUTION authorizing an agreement with the Fifth District Employment and Training Consortium, ("FDETC") for Hotel Roanoke Employment Training program. BE IT RESOLVED by the Council of the City of Roanoke as follows: I. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized to execute and attest, respectively, an agreement with the Fifth District Employment and Training Consortium ("FDETC") for the Hotel Roanoke Employment Training program in the total amount orS110,411.00, all as more particularly set forth in the City manaser's report to this Council dated October 24, 1994. ~ 2. Said agreement shall be in such form as is approved by the City Attorney. ATTEST: City Clerk. Honorable Mayor and Members of City Council Roanoke, Virginia Roanoke, Virginia ~-~Qctobe.~ 24, 1994 Dear Members of Council: Subject: Community Development Block Grant (CDBG) Agreement for Services with Fifth District Employment and Training Consortium (FDETC). I Back_g_~9_und: ao Bo As Dart of the Com~aunitv Development Block Grant (CDBG) ~, approved by Council on May 9, 1994, by Resolution No. 31977-050994, City Council authorized a grant to the Fifth District Employment and Training Consortium for the Hotel Roanoke Employment Training Program. City has received aDDroval from the U.S. Department of Housinq and Urban Development for the CDBG application by letter dated June 10, 1994. City Council authorized the acceDtanco of the 1994-95 CDBG Entitlement and Appropriation of Funds for CDBG Activities on June 27, 1994 by Ordinance No. 32072- 062794. II. Current Situation: ao The DrODosed Droiect will assist 100 low to moderate income persons in receiving training for and obtaining employment at Hotel Roanoke and the adjacent Conference Center. An administrative aqreement is needed between the City of Roanoke and the Fifth District Employment and Training Consortium for the funds to be obligated to the program. The agreement will contain the following provisions and will be in form approved by the City Attorney: Funding for Fifth District EmDlovment and Traininu Consortium: Hotel Roanoke Employment Training $110,411 Members of City Council Page 2 2 o 4 o Scope of Services: FDETC will assist 100 low to moderate income individuals in attempting to obtain employment at the Hotel Roanoke and the adjacent conference center through three types of programs: FDETC will conduct a six to ten week training program providing instruction in job readiness, interview skills and basic job retention skills; FDETC will subcontract with training agencies to provide training in specific job skills such as bell service, banquet service and desk clerk. FDETC will arrange specialized referrals in employment and job training for individuals identified with special needs. In developing the training programs FDETC will coordinate with Doubletree, the management entity for the Hotel Roanoke and adjacent conference center. Time of Performance: Since FDETC began its preliminary planning for the training programs as of October 1, 1994, the time of performance for this agreement will be October 1, 1994 through June 30, 1995. Indemnification: Subgrantee shall indemnify and hold harmless Grantee, its officers, agents, consultants, and employees, against any and all loss, cost, or expense, including reasonable attorney's fees and costs of defense, resulting from any claim, whether or not reduced to a judgement, and for any liability of any nature whatsoever, that may arise out of or result from Subgrantee's intentional or negligent acts or omissions in providing the services under this Agreement, including without limitation, fines and penalties, violation of federal, state or local laws, or regulations promulgated thereunder, personal injury, wrongful death or property damage claims. III. Co Members of City Council page 3 The administrative agreement between the City oF Roanoke and FDETC will not be executed on behalf of City without the certification of the Director of Fi- nance that funding is available and no funding will be expended under the agreement until the agreement is fully executed by all parties. ao B. C. D. E. Cost to the City Community development objectiven Timing Compliance with applicable regulations; IV. Alternatives: Authorize the City Manager to execute an agreemenl with the Fifth District Employment and Training Consortium for the Hotel Roanoke Employment Training Program. 1. Cost to the City will be $110,411 in CDBG funds. 2. ~ is available in the CDBG account No. 035-094-9438-5056. Community development objectives will be addressed by providing job training for low to moderate income persons. 4 o Timing is important because the ten-week job training sessions should take place prior to the interview process, scheduled to begin in February of 1995, by Doubletree Hotels Corporation, which will be managing the Hotel Roanoke and Conference Center. Compliance with applicable regulations will be assured through contract review and project monitoring by the City's Office of Grants Compliance. Members of City Council page 4 Do not authorize the Citv Manaqer to execute ar, ~ with the Fifth District Employment and Training Consortium for the Hotel Roanoke Employment Training program. 1. Cost to the City will be nothing. 2. ~ will not be an issue. 3. ~ommunity development obiective~: will not be addressed from the standpoint of providing job training. will not be an issue. ComDliance with applicable requlation~ may not be achieved since the Section 108 Loan for Hotel Roanoke requires that a majority of the jobs created by this project be filled by low to moderate income persons. Recommendation. ~cil concur in Alternative A and authorize the Cit Mana er to ex cte an a reement with the Fifth District Employment and Training Consortium for the Hotel Roanoke Employment Training. Respectfully submitted, W. Robert Herbert City Manager WRH/VST cc: Assistant City Manager City Attorney Director of Finance Director of Human Development Office of Grants Compliance Administrator FDETC MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church A~enue. S.W., Room 456 Roanoke. Virginia 2401 I-I 536 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy Cit3, CIerk October 28, 1994 File #60-184-429-501 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: At a regular meeting of the Council of the City of Roanoke held on Monday, October 24, 1994, the question of including City retirees under the same health insurance plan as regular City employees was referred to 1995-96 Budget Study for consideration. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm pc: James D. Grisso, Director of Finance Wilburn C. Dibling, Jr., City Attorney Diane S. Akers, Budget Administrator MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue. S.W.. Room 456 Roanoke, Virginia 24011-1536 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk October 28, 1994 File #58-184-501 Thomas E. Martenstein Contract Officer Trigon Blue Cross Blue Shield 602 S. Jefferson Street Roanoke, Virginia 24011 Dear Mr. Martenstein: I am enclosing copy of Resolution No. 32231-102494 authorizing execution of a contract and related documents with Trigon Blue Cross and Blue Shield to provide group hospitalization and health insurance for employees of the City and members of their families, for a term of one year beginning January 1, 1995, and ending December 31, 1995, as more particularly set forth in a report of the City Manager under date of October 24, 1994. Resolution No. 32231-102494 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 24, 1994. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 24th day of October, i994. No. 32231-102494. A RESOLUTION authorizing the execution ora contract and related documents with Trigon Blue Cross Blue Shield to provide group hospitalization and health insurance for employees of the City and members of their families. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized, for and on behalf of the City to execute and attest, respectively, a contract with Trigon Blue Cross Blue Shield, for group hospitaliT~tion and health insurance for a term of one year beginning January I, 1995 and ending December 31, 1995, and any other necessary and appropriate documents setting forth the obligations of each party thereto, and setting forth such terms as shall be consistent with the terms negotiated by and between the City and Trigon Blue Cross Blue Shield and described in a report to Council dated October 24, 1994. 2. Said contract shall be delivered, if possible, to the City not later than December 15, 1994 fully executed by Trigon Blue Cross Blue Shield and ready for execution by the City. Such contract and any other necessary and appropriate documents shall be in form approved by the City Attorney. ATTEST: City Clerk. Honorable Mayor and City Council Roanoke, Virginia October ~4, i~!~ Dear Members of Council: RENEWAL OFHEAL~HINSURANCE PROVIDER FOLLOWINGT~E EXPIRATION OF THE ~O~RENT ~ONT~A~T ON DEC~E~ 31, 1994. T~he present Comprehensive Health Insurance, contract with Trigon Blue Cross Blue Shield expires December 31, 1994. Be c__itv currently contribute=~ 90% towards the "employee only., rate. II. C~ENT SITUATION ae Be Ce ~c~from Au ust 1 1993 to Jul 31 1994 totalled $4,188,900. The trend factor, which is the percentage used to calculate anticipated medical inflation, has decreased from 17% to 10% in the new contract. .Employee Health Benefi~ .... · .~o ~w~reness Comm~tte, members played an active role in ,' . ' options. The Committee ardev~in~g,the City's proposed ~¥x~u =ne Personnel ~anager to reco.m~.end changes to the current plan as . . Alternative A. outlined in Rates for the three levels coverage, employee only, employee/child, and family will be reduced by approximately 5.3% for the contract year January 1, 1995 to December 31, 1995. Rates for etlree health r ' care will also be reduced by 5.3%. Consistent with efforts to improve employee health, additional wellness benefits have been included in the new proposed contract. Premium rates and recommended wellness benefit changes are outlined in Alternative A. Honorable Mayor and City Council Page 2 III. E. Retiree health carn is provided to existing employees who retire during the period January 1, 1995 to December 31, 1995 after COBRA eligibility ceases. Employees who are eligible include future retirees under age 65 with 15 or more years of continuous service and future retirees of any age who retire due to injuries compensable under the Workers, Compensation Act. All coverage ceases at age 65. Q~ualifications of Triqon Blue Cross Blue Shiel, I ~ost IV. ALTERNATIVES Council a rove the award of a contract for Health Care Insurance with additional benefits as recommended by the Employee Health Benefits Awareness Committee to Trigon Blue Cross Blue Shield for the period of one (1) year beginning January 1, 1995 and ending December 31, 1995. The City contribution will continue to be 90% of the "employee only,, premium cost. 1. ~ provides for the same level of s~rvices from last year plus the following new benefits: a. ~rescriDtion druq car,] through the Coordinated Care Network, (provides coverage through major pharmacies and many smaller pharmacies in the Roanoke Valley and surrounding area) includes a $5 co-pay (co- pay is the amount the employee/subscriber pays) for generic drugs, a $15 co-pay for brand name drugs and a 90-day mail order supply with a $10 co-payment for generic drugs and $20 co-payment for brand name drugs. Annual routine physical, including gynecological exams, for Covered employees and their Covered spouses. Benefit will be Covered at 100% of the allowable charge limited to a $60 maximum per calendar year. Honorable Mayor and City Council Page 3 Routine mammoqraDh¥ screening:~ for female employees and female covered spouses. This benefit is limited to a payment of $50 per screening and is based on the age of the participant as follows: 1 baseline ages 35-39; i every other year 40-49; 1 every year for age 50+. d. Annual routine Drostate exam~ for male employees and covered male spouses. Benefits will be covered at 100%. (typically prostate exams cost less than $50) (See Attachment A for employee and retiree coverage) ~ of Trigon Blue Cross Blue Shield include: ae Local marketing representatives to service the account by providing up-to-date information on benefits, trouble shooting problem areas and establishing a contact between physicians and employees. Established workinq relationship with the City and a clear understanding of the group,s needs. Ce de ~articipatinq Network of doctors, hospitals and other providers of health care services that file and accept Trigon Blue Cross Blue Shield,s determination of the Usual, customary, and reasonable fee as payment in full. Special Customer Service Uni~ to specifically handle City claim problems on a timely basis. COBRA Administration which allows employees who leave the City and their dependents to continue their coverage for eighteen or thirty-six months under the City's plan would be provided for an additional 2% of each continuing participant,s monthly premium. Cost Monthl rates for the current contract and the new contract are as follows: 1994 RATES 1995 RATES Employee $205.36 $194.50 Employee/Child 295.76 $280.12 Family 480.62 $455.18 Honorable Mayor and City Council Page 4 b. ~ after City Contribution are as follows: 1994 RATES 1995 RATES SEMI- SEMI- MONTHLY MONTHLY MONTHLY MONTHLY ~OST COST COST COST Employee $ 20.36 $10.18 $19.50 $9.75 Employee/Child 110.76 55.38 105.12 52.56 Family 295.62 147.81 280.18 140.09 c. Maximum Potential Cost - The health insurance premiums for 1995 are projected at $5,520,100 based on the current enrollment data. d. Retiree rates which are paid in total by the retiree for those who retire during the period January 1, 1995 to December 31, 1995 are the same as current employees during enrollment in COBRA. After the provisions of COBRA, the following rates would apply: 1994 RATES 1995 RATES Retiree $295.00 $279.66 Retiree/Child 425.00 402.90 Family 690.00 654.12 ~ontinuation of the 90% the "employee contribution toward; - only', rat,~ will not require additional funding in the FY94-95 operating budget. Council a rove the award of a contract for Health Care Insurance with no additional benefits to Trigon Blue Cross Blue Shield for the period of one (1) year beginning January 1, 1995 and ending December 31, 1995. The City contribution will continue to be 90% of the "employee only,, premium cost. ~ is provided using the same benefits currently in effect without the new wellness provisions. (See Attachment B for current coverage.) 2. ~ of Trigon Blue Cross Blue Shield include: Local marketing representatives to service the account by providing up-to-date information on benefits, trouble shooting problem areas and establishing a contact between physicians and employees. Honorable Mayor and City Council Page 5 Cost a. be Ce Ce ee Established workinq relationsh~ with the City and a clear understanding of the group's needs. ParticiDatinq Network of doctors, hospitals and other providers of health care services that file and accept Trigon Blue Cross Blue Shield,s determination of the Usual, customary, and reasonable fee as payment in full. $~ecial Customer Service Uni~ to specifically handle City claim problems on a timely basis. C~OBRA Administration which allows employees who leave the City and their dependents to continue their Coverage for eighteen or thirty-six months under the City,s plan would be provided for an additional 2% of each continuing participant,s monthly premium. ~ for the new contract are as follows: 1994 RATES J995 RATES Employee $205.36 $193.32 Employee/Child 295.76 278.44 Family 480.62 452.48 ~ after City Contribution are as follows: Employee Employee/Child Family 1994 RATES 1995 RATES SEMI- SEMI- MONTHLY MONTHLY MONTHLY MONTHLY COST ~OST COST C~OST $ 20.36 $10.18 $19.32 $9.66 110.76 55.38 104.44 52.22 295.62 147.81 278.48 139.24 Maximum Potential Cos~ The health premiums for 1995 are projected at based on the current enrollment data. insurance $5,486,900 Honorable Mayor and City Council Page 6 Retiree rates which are paid in total by the retiree for those who retire during the period January 1, 1995 to December 31, 1995 are the same as current employees during enrollment in COBRA. After the provisions of COBRA, the following rates would apply: 1994 RATES 1995 RATES Retiree $295.00 $278.00 Retiree/Child 425.00 400.00 Family 690.00 650.00 Continuation of the 90% contribution toward the "em lo ee onl" rate will not require additional funding in the FY94-95 operating budget. P~ECO~E~DATIONS Council A rove the award of the contract for Health Care Insurance to Trigon Blue Cross Blue Shield with the additional benefits for the period of one (1) year beginning January 1, 1995 and ending December 31, 1995 for the Coverage and rates described under Alternative A of this report, and under the terms and conditions contained in the City's present contract with such firm, except as otherwise noted in said report, and authorize the City Manager to execute the same in form as approved by the City Attorney and with the understanding that Trigon Blue Cross Blue Shield provide the City Manager with said contract, for execution no later than December 15, 1994. WRH: jh Respectfully submitted, W. Robert Herbert City Manager cc: City Attorney Director of Finance City Clerk Assistant City Manager Manager, Personnel Management ~A Lifetime Maximum Individual Calendar Year Deductible Family Calendar Year Deductible (aggregate) Payment Level Individual Out-of-Pocket Maximum Family Out-of-Pocket ~ (aggregate) Int~tient Mental Health Care/ Outpatient Mental Health Care Outpatient Treatment of Accidental Injuries Outpatient Surgery t~m~rgency R~x~ Deductible (vol~ry) Chiropractic Services Well-Baby Care Bone Marrow Transplants (~) for Breast Cancer $1,000,000 $1oo $200 80% $750 $1,500 30 days per calendar year 50% payment up to $1,000 per calendar year 100% payment of first $300 per calendar year; then 80% after calendar year deductible 90% payment (deductible applies) $30 (applies to all Emerg~ Room visits unless admitted directly f~ the ~rgency R~m) 80% (deductible applies) 80%; $500maximumpar calendar year for spinal manipulations 80% (deductible applies) (thru er~ of calerl~lar year in which child turns five) Required; $250 penalty for ' ' c~rcumventlon of reviews 80% (deductible applies) Retiree $300 $600 75% $3000 $6000 100% payment of first $300 per calendar year; then 75% after cale_nd~r year deductible 75% (deductible applies) 75%; $500 rm~ per calendar year for spinal manipulations 75% (deductible applies) (thru end of calendar year in which child turns five) Prosta~Exam/nati~ for ~les* Physical Exam* Covered after $15 co-pay for brar~ ~ dr%/gs; $5 co-pay for generic. Use c~ly at participating drug stores and pharmacies. 90- day refill option available. 100% payment up to $50 Marm~Dgram frequency based on 1 baseline for ages 35-39 1 every other year for ages 40-49; i every year for 50+ 100% 100% payment u~ to $60 * ~e~ km~fit fo ]-995 Lifetim~ Maximum Individual Calendar Year Deductible Family Calendar Year Deductible (a~j~. egata) Individual Out-of-Pocket MaxLmum Family Out-oE-Pocket Maximum (aggregate) Inpatient Mental Health Care/ Outpatient Mental Health Care Outpatient Treatment of A~cidental Injuries Outpatient Surgery Emergency Roc~ Deductible Seoond Surgical Opinion (Voluntary) Prescription Drugs Managed Care ~x~ Mar~w Transplants (a~r) for Breast Cancer ].995 HIC4LT.'I'fl' {~l'i9 $1,000,000 $ioo $2OO 80% $750 $1,500 30 days per caleDd~r year 50% payment up to $1,000 per calendar year 100% payment of first $300 per calendar year; then 80% after calendar year deductible 90% payment (deductible applies) $30 (applies to all Emergency Room visits unless admitted directly fr~ the Emergency 80% (deductible applies) 8O%; $500maxim~per calendar year for spinal manipulations 80% (deductible applies) (thru end of calendar year in which child turns five) 80% (deductible applies) Birth Control Pills and Nicorettes included Required; $250 penalty for circumvention of reviews 80% (deductible applies) $300 $600 75% $3o00 $6oo0 100%payment of first $300percalendmr year; tb~n 75% after calendar year deductible 75% (deductible applies) 75%; $500m~dm~per calendar year for spinal manipulations 75% (deductible applies) (thru end of caler~r year in which child turns five) 75% (deductible applies) Birth Control Pills and Nicorettes included October 24, 1994 TO: FROM: SUBJECT: Honorable Mayor and Members of City Council James D. Grisso, Director of Finance September Financial Report This financial report covers the first three months of the FY94-95 fiscal year. The following narrative discusses revenue and expenditure trends to date. REVENUE Total General Fund revenues have a positive variance of 12.43% over fiscal year 1994 on a year-to-date basis. Revenue is expected to even out as the year progresses. Variances in the specific categories of revenue are as follows: General Property Taxes are up substantially over this time last year, reflecting a timing difference in real estate collections. Real estate tax bills were mailed earlier in the FY95 fiscal year than in the preceding year, generating earlier payments from individual taxpayers and particularly from lenders making escrow payments. Other Local Taxes are up 2.90% over last year. Most of the increase to date is based on improved collection efforts for business license revenue. Sales tax revenue based on September collections was $1,261,513, which exceeded the prior year's sales tax revenue for the same month of $1,135,497 by 11.1%. Permits, Fees and Licenses are up 5.54% over last year. This is attributable to increased building permit fees based on construction activity. Revenue from Use of Money and Property reflects a large percentage increase. Investment earnings from idle cash are up, and the city is receiving increased rent from the State for space occupied by Social Services in Municipal North, and other rent accruals. Grants-in-Aid Commonwealth is up 5.40% reflecting accrual based revenue in FY95 for rental car tax and shared expenses and a timing difference in the receipt of certain grant revenue. Grants-in-Aid Federal Government reflects a blizzard damage reimbursement in FY94, which accounts for the decrease in revenue for FY95. Charges for Services is up 8.06% due to increased court fee revenue and increased EMS billings on a year to date basis. Honorable Mayor and Members Roanoke City Council October 24, 1994 Page 2 Miscellaneous Revenue reflects a large variation compared to the prior year due to the timing of surplus sale proceeds received early in FY95. Internal Services revenues are up 21.82% over fiscal year 1994. This increase is due to increased rates, effective at the beginning of the fiscal year, and also due to increased engineering work related to Water Fund projects. EXPENDITURES AND ENCUMBRANCES Expenditures and encumbrances for the General Fund are up 7.32% over the last fiscal year. Variances in certain categories are explained as follows: Judicial Administration expenditures are down 3.99% due to timing differences of expenditures on a year to date basis in the Law Library, Clerk of Circuit Court, and General District Court budgets. Public Works expenditures are up 9.83% due to an increase in the City's annual paving contract and the timing of equipment purchases in certain departments. Parks Recreation and Cultural expenditures show an increase of 14.54%. This is due to increased subsidies in FY95 for the Convention Bureau and Hotel Roanoke Conference Center Commission. Community Development expenditures are up 8.98% due to a new position and transfer of existing positions from other departments. Transfers to Debt Service Fund increase reflects principal and/or interest payments on the 1992 and 1994 bond issues. Nondepartmental expenditures show a significant increase in FY95 due to a timing difference of transfers to the Capital Projects Fund. I would be pleased to answer any questions which City Council may have regarding the Monthly Financial Statements. Director of Finance JDG/pac Attachments CITY OF ROANOKE, VIRGINIA GENERAL FUND CONTINGENCY BALANCE SEPTEMBER 30, 1994 General Contingency: Ord. No. 32165 32173 CMT 051 32191 Department Contributions Commonwealth's Attorney Commissioner of Revenue Transfer to Capital Projects Total Contingency Balance Balance July 1, 1994 Purpose 366,911 Partnership for Urban Virginia ( 10,000) Personnel, Furniture and Equipment (13,273) Furniture - DMV Office ( 3,995) Jail Annex ( 53,589) 286 054 1 General Property Taxes Other Local Taxes Permits, Fees and Licenses Fines and Forfeitures Revenue from Use of Money and Property Grants-in-Aid Commonwealth Grants-in-Aid Federal Government Charges for Services Miscellaneous Revenue Internal Services Total CITY OF ROANOKE, VIRGINIA GENERAL FUND STATEMENT OF REVENUE Year to Date for the Period Current Fiscal Year Percent of Revised Revenue Jul 1-Sap 30 Jul 1-Sap 30 Percentage Revenue Estimate 1993-94 1994-95 of Change Estimates Received $ 9,847,593 $ 11,812,905 19.96% $ 56,201,000 21.02% 6,209,305 6,389,112 2.90% 43,697,750 14.62% 190,771 190,777 5.54% 724,500 26.33% 170,717 199,381 16.79% 716,992 27.81% 119,476 224,070 87.54% 1,026,600 21.83% 3,597,557 3,791,946 5.40% 29,916,682 12.68% 63,290 5,701 ( 90.99%) 41,000 13.90% 420,195 454,056 8.06% 2,671,399 17.00% 9,902 89,361 802.45% 267,500 31.08% 267,944 326,403 21.82% 1,718~500 18.99% 20;886~750 $ 23~483,712 12.43% $ 137001 923 17.14% General Government Judicial Administration Pubric Safety Public Works Health end Welfare Parks, Recreation and Cultural Community Development Transfer to Debt Service Fund Transfer to School Fund Nondepartmental Total STATEMENT OF EXPENDITURES AND ENCUMBRANCES Year to Date for the Period Jul 1-Sap 30 Jul 1-Sep 30 1993-94 1994-95 Percentage Unencumbered - of Change Balance 2,357,349 $ 2,443,579 3.66% $ 7,121,934 913,286 876,888 ( 3.99%) 2,996,934 7,351,925 7,442,670 1.23% 24,811.070 5,724,212 6,286,649 9.83% 14,658,166 3,607,324 3,534,233 ( 2.03%) 15,143,741 Current Fiscal Year Percent of Revised Budget Appropriations Obligated $ 9,565,513 25.55% 3,873,823 22.64% 32,253,740 23.08% 20,944,814 30.02% 18,677,974 18.92% 1,455,942 1,667,675 14.54% 3,217,968 4,885,643 34.13% 257,048 280,120 8.98% 871,726 1,151,846 24.32% 4,311,099 4,638,956 7.60% 3,471,709 8,455,472 8,758,161 3.58% 26,023,576 1 r981 ~675 3r 153,144 59.12% 1 ~865r394 36~415~332 -~ 391082,076 7.32% $ 1OO 182 217 8,110,665 57.20% 34,781,737 25.18% 5r018,538 62.83% $ 139 264 293 28.06% 2 State Sales Tax Grants-in*Aid Commonwealth Grants-in-Aid Federal Government Charges for Services Transfer from General Fund Special Purpose Grants Total CITY OF ROANOKE, VIRGINIA SCHOOL FUND STATEMENT OF REVENUE Year to Date for the Period Jul l-Sap 30 Jul 1-Sap 30 Percentage 1993-94 1994-95 of Change $ 1,194,618 $ 1,310,301 9.68% 5,789,778 6,457,081 11.53% 64,002 41,804 ( 34.68%) 369,963 231,265 ( 37.49%) 8,498,136 8,820,271 3.79% 2r254~382 2~373~072 5.26% $ 18,170~879 $ 19,233,794 S.85% Percent of Revenue Estimate Eatimatee Received $ 7,480,506 17.52% 26,697,649 24.19% 2,342,068 1.78% 2,288,916 10.10% 35,095,804 25.13% 2,403r474 N/A $ 76,308~417 25.21% Instruction General Support Transportation Operation end Maintenance of Plant Food Services Facilities Other Uses of Funds Special Purpose Grants Total STATEMENT OF EXPENDITURES AND ENCUMBRANCES Year to Date for the Period Jul 1-Sap 30 Jul 1-Sep 30 1993-94 1994-95 $ 7,729,825 $ 8,296,756 313,908 540,075 367,180 245,053 2,391,724 2,273,272 185,783 288,451 1,150,776 1,379,831 1,513,521 1,610,971 3,299,600 2,403,474 $ 16 952 317 $ 17~037r883 Current Fiscal Year Percentage Unencumbered Revised of Change Balance Appropriations 7.33% $ 46,353,916 $ 54,650,672 72.05% 2,360,256 2,900,331 33.26%) 2,562,918 2,807,971 4.95%) 6,573,072 8,846,344 55.26% 2,905,840 3,194,291 19.90% 181,769 1,561,600 6.44% 502,471 2,113,442 27.16%) 2,403,474 0.50% 61 440 242 ..~ 78,478,125 Percent of Budget Obligated 15.18% 18.62% 8.73% 25.70% 9.03% 88.36% 76.22% N/A 21.71% 3 CITY OF ROANOKE, VIRGINIA CAPITAL PROJECTS FUND STATEMENT OF EXPENDITURES, ENCUMBRANCES, AND UNENCUMBERED APPROPRIATIONS SUMMARY AS OF SEPTEMBER 30, 1994 General Government Public Safety Education Recreation Streets and Bridges Sanitation Projects Traffic Engineering & Communications Other Infrastructure Projects Capital Improvement Reserve Total Expenditures Unexpended Outstanding Unencumbered Budqet . To Date . Balance .Encumbrances Balance $32,938,079 $ 23,763,409 8 9,174,670 $ 528,990 $ 8,645,680 9,169,051 1,392,103 7,776,948 114,240 7,662,708 10,195,151 6,129,820 4,065,331 3,429,765 635,566 62,918 47,353 15,565 878 14,687 8,720,250 5,139,628 3,580,622 1,169,022 2,411,600 5,289,905 3,463,160 1,826,745 1,719,504 107,241 1,283,609 1,238,443 45,166 14,200 30,966 7,551,O35 4,533,011 3,018,024 805,521 2,212,503 #77819251 $45706927 ~ 32 112 324 ~ ~ 24 330 204 4 CITY OF ROANOKE, VIRGINIA WATER FUND COMPARATIVE INCOME STATEMENT FOR THE 3 MONTHS ENDING SEPTEMBER 30, 1994 Operating Revenue: Commercial Sales Domestic Sales Industrial Sales Town of Vinton Roanoke County Customer Service Total Operating Revenue Less: Operating Expenses Personal Services Operating Services Depreciation Total Operating Expenses Operating income Add: Non-Operating Revenue Interest on investments Rents Miscellaneous Total Non-Operating Revenue Net Income 1994 $ 858,252 760,796 70,543 5,102 213,156 80,445 1 988 294 283,4O4 614,697 200,190 1 O98 291 890,003 20,262 825 5,637 __26 724 $ 916 727 1993 $ 841,245 772,871 67,353 4,585 328,028 83.557 2,097,639 256,798 530,439 202 303 989,54O 1,108.099 14,576 825 977 16,378 $ 1,124,477 5 WATER FUND SEPTEMBER 30, 1994 (CONTINUED) Capital Outlay Not Included in Operating Expenses: Proiect New Services, Hydrants, and Lines Unidentified Plant Replacement Fire Hydrants FY 86 Project Design Carvins Cove Improvement Phase I Carvins Cove Improvement Phase II Carvins Cove Filter Plant Water Plant Expansion Bonds 92 Carvins Cove Filter Plant Phase I Failing Creek Finished Water Res. Carvins Cove Phase II Cont B~2 Carvins Cove Phase II Cont C-1 Carvins Cove Phase II Cont C-2 Fifth Street Bridge Replacement RCIT Water Storage Tank Carvins Cove Phase II Cont B-1 RCIT Water Tank Carvins Cove Phase II Cont A-1 Carvins Cove Phase II Cont A-2 VDOT Waterline Betterment Total Project Expenditures Less Prior Year Expenditures Total Current Year Expenditures Year to Date Exoenditures $ 96,481 29,986 3,759 12,103 1,762,910 1,158,390 223,161 1,942,515 11,917,802 265,907 2,015,462 1,220,178 2,012,582 52,365 87,162 2,370,961 190,428 651,637 331,264 26,345,053 22,631,903 ,~ 3f713,150 NOTE: Some of these projects are continued from prior years with inception to date totals. 6 CITY OF ROANOKE, VIRGINIA SEWAGE TREATMENT FUND COMPARATIVE INCOME STATEMENT FOR THE 3 MONTHS ENDING SEPTEMBER 30, 1994 Operating Revenue: Sewage Charges - City Sewage Charges - Roanoke County Sewage Charges - Vinton Sewage Charges - Salem Sewage Charges - Botetourt County Customer Services Interfund Services Total Operating Revenue Less: Operating Expenses Personal Services Operating Expenses Depreciation Total Operating Expenses Operating Income (Loss) Add: Non-Operating Revenue (Expenses) Interest on Investments Miscellaneous Interest Expense Total Non-Operating Revenue (Expenses) Net Income (Loss) 1994 1,478,511 217,493 55,475 191,489 22,544 25,440 10,311 2 001 263 368,098 992,938 239,508 1,600,544 400,719 14,242 7,814 ( 2,813) 19,243 $ 419 962 1993 $1,239,597 191,103 56,442 127,200 16,417 41,748 . 7,040 1,679,547 346,797 1,151,063 242 521 1,740,381 ( 60,834) 13,959 3,513 ${ 48,401) 7 CITY OF ROANOKE SEWAGE TREATMENT FUND SEPTEMBER 30, 1994 (CONTINUED) Capital Outlay Not Included in Operating Expenses: Project Other Equipment Unidentified Construction FY86 Projects Design Sewershed I/I Project Design Phase I Sewershed I/I Reduction II Sewershed I/I Reduction WPCP-Chemical Storage Tanks STP Expansion Bonds - 94 Issue Total Project Expenditures Less Prior Year Expenditures Total Current Year Expenditures Year to Date $ 10,157 10,224 66,347 255,050 76,875 278,850 125,173 106 821 929,497 701 225 $ 228 272 NOTE: Some of these projects are continued from prior years with inception to date totals. 8 CITY OF ROANOKE, VIRGINIA CIVIC CENTER FUND COMPARATIVE INCOME STATEMENT FOR THE 3 MONTHS ENDING SEPTEMBER 30, 1994 Operating Revenue: Rentals Parking Fee Event Expenses Advertising Admissions Tax Commissions Novelty Fees Total Operating Revenue Less: Operating Expenses Personal Services Operating Expenses Depreciation Total Operating Expenses Operating (Loss) Add: Non-Operating Revenue Interest on Investments Miscellaneous Operating Supplement Total Non-Operating Revenue Net Income 1994 45,300 10,181 18,123 910 17,112 16.758 746 107,130 199,254 232,020 515.087 (407,957) 5,423 587 644,196 $ 242 249 1993 $ 79,528 11,045 29,769 552 21,140 16,603 158,637 189,146 202,677 474,356 315,719) 3,110 645 618 631 622 386 $ 306,667 9 CITY OF ROANOKE, VIRGINIA CIVIC CENTER FUND SEPTEMBER 30, 1994 (CONTINUED) Capital Outlay Not Included in Operating Expenses: Project Other Equipment Total Project Expenditures Less Prior Year Expenditures Total Current Year Expenditures Year to Date 3,426 $ 3~426 NOTE: Some of these projects are continued from prior years with inception to date totals. 10 CITY OF ROANOKE, VIRGINIA TRANSPORTATION FUND COMPARATIVE INCOME STATEMENT FOR THE 3 MONTHS ENDING SEPTEMBER 30, 1994 Operating Revenue: Century Station Parking Garage Williamson Road Parking Garage Market Square Parking Garage Church Avenue Parking Garage Tower Parking Garage Surface Parking Lots Total Operating Revenue Less: Operating Expenses Operating Expenses Depreciation Total Operating Expenses Operating (Loss) Add: Non-Operating Revenue (Expenses) Transfer from General Fund Interest on Investments Miscellaneous Operating Subsidy for GRTC Interest Expense Total Non-Operating Revenue (Expenses) Net Income 1994 71,370 60,974 42,954 109,981 61,154 28,543 374,976 133,702 130,364 264,O66 110,910 657,211 ( 1,960) 2,027 (300,000) (176,956) 180 322 $ 291 232 1993 70,991 76,023 43,108 124,680 40,353 14,358 369,513 183,229 130.835 314,064 55,449 827,000 156 (250,000) .(182,179) 394,977 $ 450 426 11 CITY OF ROANOKE, VIRGINIA NURSING HOME FUND COMPARATIVE INCOME STATEMENT FOR THE 3 MONTHS ENDING SEPTEMBER 30, 1994 Operating Revenue: Private Patient Fees Medicaid Patient Fees Medicaid Reimbursements Total Operating Revenue Less: Operating Expenses Personal Services Operating Expenses Depreciation Total Operating Expenses Operating (Loss) Add: Non-Operating Revenue Interest on Investments Operating Supplement Total Non-Operating Revenue Net Income 1994 $ 41,613 65,992 299 933 274,841 94,968 6,723 376 532 ( 76,599) 2,253 440,750 443,003 $ 366,404 1993 $ 35,424 61,835 184.749 282.008 268,624 78,387 9,010 356 021 (74,013) 1,852 404,419 406,271 332 258 12 CITY OF ROANOKE, VIRGINIA HOTEL ROANOKE CONFERENCE CENTER FUND COMPARATIVE INCOME STATEMENT FOR THE 3 MONTHS ENDING SEPTEMBER 30, 1994 Operating Revenue: Operating Revenue Total Operating Revenue Less: Operating Expenses Operating Expenses Total Operating Expenses Operating (Loss) Add: Non-Operating Revenue City Contributions Contribution from Virginia Tech Proceeds from Brick Sales Total Non-Operating Revenue Net Income 1994 1993 91,564 __28_.~p_~203 91,564 28 203 ( 91,564) 2.(~_~..,.~) 276,500 276,500 26 200 123,350 579 200 ~ 487,636 ~ 95,147 (1) (1) Virginia Tech contribution was recorded in November, 1993. 13 CITY OF ROANOKE, VIRGINIA HOTEL ROANOKE CONFERENCE CENTER FUND SEPTEMBER 30, 1994 (CONTINUED) Capital Outlay Not Included in Operating Expenses: project Conference Center Total Project Expenditures Less Prior Year Expenditures Total Current Year Expenditures Year to Date 5,854,225 3,256,136 14 CITY OF ROANOKE, VIRGINIA INTERNAL SERVICE FUNDS FOR THE 3 MONTHS ENDING SEPTEMBER 30, 1994 Operating Revenue Charges for Services (~ 659~632 ~ 37,061 (~ 113~338 Total Operating Revenue 659,632 37,061 113,338 Operatint~ Expenses Personal Services 311,431 17,080 17,706 Operating Expenses 158,980 3,991 69,685 Depreciation 62~821 425 9,717 Total Operating Expenses 523 232 ~. 21,496 .. 97,108 Operating Income 136,400 15~565 . 16,230 Nonoperatin~l Revenue Interest Revenue 10,926 1,889 Total Nonoperating Revenue 10,926 1 ~889 Net Income '$ 147~326 ~ ~ City Information Materials Management Utility Line Fleet Systems - Control . Services Services Manaqement 684,937 ~ 1,111,770 684,937 1,111,770 TOTALS 1994 1993 2,606,738 $ 2,308,206 2,606,738 2 308 206 501,492 268,226 1,115,934 1,086,665 129,794 147,095 509,545 501,236 44~036 256,210 363,209 371,124 675 322 671,530 1,988,688 1,959,015 9,615 440,240 618~060 349,191 1,852 10,094 6,081 1.862 10,094 6,081 18,082 $ 19,709 ~ 446,321 30~842 - 27,028 30,847 __ 27__~028 $ 648,892 ,$ 376,219 15 CITY OF ROANOKE, VIRGINIA INTERNAL SERVICE FUNDS SEPTEMBER 30, 1994 (CONTINUED) Capital Outlay Not Included in Operating Expenses: Project CIS - Other Equipment MS - Other Equipment MS - Furniture and Equipment ULS - Vehicular Equipment ULS - Other Equipment ULS - Sewershed Study FM - Vehicular Equipment FM - Other Equipment Total Year to Date 38,819 1,100 2,615 78,810 42,3O0 3,476 416,498 $ 597 426 16 CITY OF ROANOKE, VIRGINIA CIT~ TREASURER'S OFFICE GENERAL STATEMENT OF ACCOUNTABILITY FOR THE MONTH ENDED SEPTEMBER 30, 1994 TO THE DIRECTOR OF FINANCE: GENERAL STATEMENT OF ACCOUNTABILITY OF THE CiTY TREASURER OF THE CITY OF ROANOKE. VIRGINIA FOR THE FUNDS OF SAID CITY THE MONTH ENDED SEPTEMBER 30. 1994. SEWAGE AIRPORT 5,447.97 0.00 0.00 6.418,612.62 CiViC CENTER 484,452.56 559,881.75 54,781.69 646,309.02 TRANSPORTATION (555,178.19) 773,223.76 166,700.34 186,722.86 CAPITAL 19,4~7,153.42 99,547.46 628,426.25 15,765,848.91 NURglNG HOME 231,372.04 4I 1,342.02 28,323.97 456,600.45 RKE CONFERENCE CEN 8,738,28:3.10 8,733.52 54,411.53 8;~605.~ (404,050.90) DEBT SERVICE 6.543,247.03 6,319.96 2,5,53.21 7,118,998.61 c is 1,327, 883. 83 118,758.35 76,139.46 1,260, 981.72 MATERIALS CO NT ROL 23~,902.58 90,188.20 8 t, 231.52 278,005.27 MANAGEMENT SERVICE 207,787.82 38, 111.03 23,283.14 __ 246,569.76 UTILITY LINES SERV 1,272,460.87 0.00 51,631.12 917,262.56 FLEET MAINTENANCE 926,740.03 63,698.57 368,443.63 881,742.58 PAYROLL (2,223.201.21) 10,208,139.28 9,239,648.01 694,345.81 PENSION 452,323.02 498,048.55 701,763.14 116,687.31 SCHOOL FUND 9,069,379.32 4,901,037.09 1.623,549.27 9,671,000.42 FDETC (175,902.95) 444,276.67 206,964.05 33,719.81 G RANT PRO G RAM S 336,170.40 33,296.63 407,545.64 {24.386.98) TOTAL $78,280,069.12 $33,883,949.25 $30 106,046.96 ; $67,817,273.59 t HEREBY CERTIFY THAT THE FOREGOING IS A TRUE STATEMENT OF MY ACCOUNTABILITY TO THE CITY OF ROANOKE. VIRGINIA. FOR THE FUNDS OF THE VARIOUS ACCOUNTS THEREOF FOR THE MONTH ENDED SEPTEMBER 30, 1994 THAT SAID FOREGOING: C~H: CASH IN HAND CASH IN BANK INVESTMENTS ACQUIRED FROM COMPETITIVE PROPO~N-S: CERTIFICATES OF DEPOSIT REPURCHASE AG REEMENTS VIRGINIA AIM PROGRAM {U. S. SECURITIES) TOTAL DATE: OCTOBER 11. 1994 O FYDo N E~-Pi ~=RS. TRF.~S~UR~' 17 CITY OF ROANOKE PENSION PLAN STATEMENT OF REVENUE AND EXPENSES FOR THE 3 MONTHS ENDING SEPTEMBER 30, 1994 pevenue City's Contributions Investment Income Gain on Sale of Investments Bond Discount Amoritization Total Revenue 1994 1993 $1,261,332 $1,273,493 766,774 1,223,089 526,985 2,507,686 __4_~ 78,037 603 899 082 305 Expenses Pension Payments Fees for Professional Services Active Service Death Benefit Bond Premium Amortization Administrative Expense Total Expenses Net Income Year to Date 1,820,130 $1,899,796 10,591 ( 343) 12,181 146,235 107,245 11 620 2,302 1,988,576 615 323 2,021,181 $ 3 061 124 18 CITY OF ROANOKE PENSION PLAN BALANCE SHEET AS OF SEPTEMBER 30, 1994 Assets Cash Investments: (market value - Due from Other Funds Other Assets Total Assets 1994 9163,491,826 1993 9160,185,931) 1994 9 248,056 146,084,067 18,000 9146 350 123 1993 9 116,629 139,221,539 228 18,00o .Liabilities and Fund Balance Accounts Payable Due to Other Funds Total Liabilities Fund Balance, July 1 Net Income Year to Date Total Fund Balance Total Liabilities and Fund Balance 7,502 617,370 145,117,430 615,323 145 732 753 146 350 123 9 570,881 570,881 135,724,391 3,061,124 · 138,785,515 9 139 356 396 19 MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk October 28, 1994 File #28-58-166-252-297-514 Daniel F. Layman, Jr., Attorney Woods, Rogers, Hazlegrove 10 S. Jefferson Street Roanoke, Virginia 24011 Dear Mr. Layman: I am enclosing copy of Resolution No. 32232-102494 authorizing the proper City officials to enter into a deed of release between the City of Roanoke, Virginia, and WM Equity, Inc., to provide for the release of an Indemnification Agreement dated March 19, 1987, by and between Towne Square Joint Venture and the City of Roanoke, Virginia. Resolution No. 32232-102494 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 24, 1994. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of October, 1994. No. 32232-102494. A RESOLUTION authorizing the proper City officials to enter into a deed of release between the City of Roanoke, Virginia and WM Equity, Inc. to provide for the release of an indemnification agreement. BE IT RESOLVED by the Council of the City of Roanoke that the City Manager and City Clerk are authorized to execute and attest, respectively, for and on behalf of the City, in form approved by the City Attorney, a deed of release by and between the City of Roanoke, Virginia and WM Equity, Inc. Said deed of release shall release WM Equity, Inc., successor to Towne Square Joint Venture, from an Indemnification Agreement dated March 19, 1987, by and between Towne Square Joint Venture and the City of Roanoke, Virginia. ATTEST: City Clerk. CITY OF ROANOKE OFFICE OF CITY ATTORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW ROANOKE, VIRGINIA 24011-1595 TELEPHCNE: 703-g~1-2431 WILBURN C, DIBLING, JR. CIT~ ATTORNEY October 24, 1994 WIJ. LIAM X PARSONS STEVEN J. TALEVI KATHLEEN MARIE KRONAU GLADYS L YATE$ ASSISTANT CITY ATTORNEYS The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Cancellation of an Indemnification Agreement between Towne Square Joint Venture and the City Dear Mayor Bowers and Council Members: Pursuant to an Indemnification Agreement dated March 19, 1987 between Towne Square Joint Venture and the City of Roanoke, Virginia, which was required as a condition of approval of the plat for the Towne Square Subdivision located at the northeast intersection of Aviation Road, N.W., and Hershberger Road, N.W., Towne Square agreed to indemnify and hold harmless the City from any and all liability arising out of the existence of recorded easements in favor of Allred Investment Company and Prudential Insurance Company of America. This agreement was required by the City because a portion of Rutgers Avenue dedicated by recordation of the Towne Square plat of subdivision covered areas over which Allred Investment Company and Prudential Insurance Company of America had private ingress and egress easements. WM Equity, Inc., a subsidiary of First Union National Bank, acquired the Towne Square Shopping Center by foreclosure several years ago and has been attempting to sell the property. The indemnification granted to the City in March 1987 has hindered WM Equity, Inc.'s efforts to sell the shopping center. Counsel for WM Equity, Inc. has requested that the City consider canceling the Indemnification Agreement. After reviewing this matter and consulting with the Director of Public Works, it is my recommendation that the City agree to cancel the Indemnification Agreement. Given that seven years have passed since dedication of the public street without any questions having been raised by the easement holders, I am of the opinion that any risk to the City would be de minimis. Therefore, I recommend adoption of attached resolution authorizing the City Manager to execute the necessary deed of release. I will be happy to respond to any questions you may have on this matter~ The Honorable Mayor and Members of City Council October 24, 1994 Page 2 With kindest personal regards, I am Sincerely yours, ~Jr. City Attorney WCDj/GLY:sm Attachment cc: W. Robert Herbert, City Manager William F. Clark, Director of Public Works Mary F. Parker, City Clerk Daniel F. Layman, Jr., Esquire MARY F. PARKER, CMC/AAE Cit~ Clcrk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W. Room 456 Roanoke. Virginia 2401 l-1536 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk October 28, 1994 File #20-57-102-247-258-405-514 M. Scott Hollis Urban Engineer Virginia Department of Transportation 1401 East Broad Street Richmond, Virginia 23219 Dear Mr. Hollis: I am enclosing copy of Resolution No. 32235-102494 authorizing execution of amendments to the City's agreements with the Virginia Department of Transportation dated September 29, 1994, to delete Shenandoah Avenue sidewalk and curb work from the Pedestrian Bridge Project; and further authorizing execution of an amendment to the City's agreement with the Virginia Department of Transportation dated May 26, 1994, to include installation of conduit and cable for the Shenandoah Avenue Streetscape Project. Resolution No. 32235-102494 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 24, 1994. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Eric. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of October, 1994. No. 32235-102494. A RESOLUTION authorizing the execution of amendments to the City's agreements with the Vh'ginia Depm~unent of Transportation for the Pedestrian Bridge Project and the Wells Avenue Project. 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, an amendment to the City's agreement with the Virginia Department of Transportation, dated September 29, 1994 to delete the Shenandoah Avenue sidewalk and curb work from the Pedestrian Bridge Project, as more particularly- described in the City Manager's Report to this Council dated October 24, 1994. 2. Such amendment shall reduce the total contract amount of the City's agreement with the Virginia Department of Transportation for the Pedestrian Bridge Project by $12,000.00. 3. 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, an amendment to the City's agreement with the V'uginia Deparunent of Transportation, dated May 26, 1994 to include installation of conduit and cable for the Shenandoah Avenue Streetscape Project in the Wells Avenue Project, as more particularly described in the City Manager's Report to this Council dated October 24, 1994. 3. Such amendment shall increase the total contract amount of the City's agreement with the Virginia Department of Transportation for the Wells Avenue Project by $7,433.50. ATTEST: City Clerk. MARY F. PARKER, CMC/AAE Ck~ Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Charch Avenue, S.W. Room 456 Roanoke~ Virginia 24011-1536 Telephone: (703) 981-254I SANDRA H. EAKIN Deputy City Clerk October 28, 1994 File ~20-57-102-247-258-405-514 William D. Gee, President H. & S. Construction Co. P. O. Box 6226 Roanoke, Virginia 24017 Dear Mr. Gee: I am enclosing copy of Ordinance No. 32234-102494 accepting the bid of H. & S. Construction Co., to replace all curb and sidewalk along the north side of Shenandoah Avenue between Jefferson Street and Williamson Road, including installation of new street lights and street trees, upon certain terms and conditions, in the amount of $163,919.25; 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. 32234-102494 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 24, 1994. 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 24011-1536 Telephone: {703) 981-2541 SANDRA H. EAKIN Deputy Cit~ Clerk October 28, 1994 File #20-57-102-247-258-405-514 Stanley G. Breakell, President Breakell, Inc. 2314 Patterson Avenue, S. W. Roanoke, Virginia 24016 Ralph D. Shivers, President Branch Highways, Inc. 3902 Franklin Road, S. W. Roanoke, Virginia 24014 Gentlemen I am enclosing copy of Ordinance No. 32234-102494 accepting the bid of H. & S. Construction Co., to replace all curb and sidewalk along the north side of Shenandoah Avenue between Jefferson Street and Williamson Road, including installation of new street lights and street trees, upon certain terms and conditions, in the amount of $163,919.25; 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. 32234-102494 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 24, 1994. On behalf of the Mayor and Members of City Council, I would like to express appreciation for submitting your bids on the abovedescribed project. Sincerely, ~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Ene. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 24th day of October, 1994. No. 32234-102494. AN ORDINANCE accepting the bid of ri. & S. Construction Company to replace all the curb and sidewalk along the north side of Shenandoah Avenue between Jefferson Street and W'flliamson Road, including installation of new street lights and street trees, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of ri. & S. Construction Company, made to the City in the total amount o~ $163,919.25 to replace the curb and sidewalk along the north side of Shenandoah Avenue between Jefferson Street and Williamson Road, including installation of new street lights and street trees, as is more particularly set forth in the report to this Council dated October 24, 1994, 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 oftbe 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. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. %N THE COUNC%L OF THE C%TY OF ROANOKE, V%RG%NIA The 24th day of October, 1994. 1994-95 Capital emergency. WHEREAS, No. 32233-102494. AN ORDINANCE to amend and reordain certain sections of the Fund Appropriations, and providing for an for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to IT ORDAINED by the Council sections of the 1994-95 exist. THEREFORE, BE Roanoke that certain Appropriations, be, to read as follows, of the City of Capital Fund and the same are hereby, amended and reordained in part: General Government Shenandoah Avenue Streetscape (1-2) Streets and Bridges Wells Avenue (3) ................................. Due from State Government (4) ...................... Reserved Fund Balance - Unappropriated (5) ............................... 1) Appropriated from General Revenue 2) Appropriated from State Funds 3) Appropriated from General Revenue 4) Due from State Government (008-052-9672-9003) $ 165,000 (008-052-9672-9007) 12,000 (008-052-9547-9003) 7,434 (008-1308) 12,000 $ 42,199,130 190,700 8,727,684 6,188,422 12,000 1,671,154 5) Reserved Fund Balance - Unappropriated (008-3325) $(172,434) BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: this city Clerk. Roanoke, Virginia October 24, 1994 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Subject: Bid Committee Report Shenandoah Avenue Streetscape Project Number 6276 Dear Mayor and Members of Council: I concur with the recommendation relative to the above report and recommend it to you for appropriate action. Sincerely, W. Robert Herbert City Manager WRH/dh cc: City Attorney Director of Finance Director of Public Safety Manager, Office of Management and Budget Roanoke City Sheriff Roanoke, Virginia October 24, 1994 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: SUBJECT: BID CO~ITTEE REPORT SHENANDOAH AVENUE STREETSCAPE PROJECT NUMBER 6276 I. Background: Project consists of the replacement of all curb and sidewalk along the north side of Shenandoah Avenue between Jefferson Street and Williamson Road, with installation of new street lights and street trees. Bids, following proper advertisement, were publicly opened and read aloud before D. D. Roupe, Manager of General Services, on September 26, 1994, at 2:00 p.m., in his office in Room 353 of the Municipal Building. Three (3) bids were received with H. & S. Construction Company of Roanoke, Virginia, submitting the low bid at $163~919.25. Construction will need to be coordinated with the Pedestrian Bridge Project and the Wells Avenue Project. This entails the following financial considerations: In accordance with the low bid, there is $12~000 in Shenandoah Avenue sidewalk and curb work included in the streetscape project which was also included in the Pedestrian Bridge Project. It is now more practical from a construction coordination standpoint to remove that work from VDOT's contract with the Pedestrian Bridge contractor. Both VDOT and the Pedestrian Bridge contractor have agreed to this. Since VDOT will not incur that expense on the Pedestrian Bridge project, VDOT has agreed to reimburse the City for this expense once it is incurred on this streetscape project. Streetlighting system on the Wells Avenue project (which also includes new street lights on the east side of Jefferson Street between Wells Avenue and Honorable Mayor and Members of City Council BID COMMITTEE REPORT SHENANDOAH AVENUE STREETSCAPE Page 2 October 24, 1994 Shenandoah Avenue) was one of the enhancements costs at 100% City expense. In order that the Shenandoah Avenue street lights can be served, conduit and cable must be increased and extended on Jefferson Street to Shenandoah Avenue. This work will be added by VDOT change order to the Wells Avenue Contract and will be accomplished by VDOT's Wells Avenue contractor at a cost of $7~433.50, of which the City is responsible for 100%. II. ISSUES: A. Compliance of the bidder with contract documents for bidding. B. Amount of the low bid. C. Fundinq of the project. D. Time of completion· the requirements of the III. Alternatives are: Award a contract to H. & S. Construction Company to construct Shenandoah Avenue Streetscape in accordance with the contract documents for the sum of $163~919.25. 1. Compliance of the low bidder with the requirements of the contract documents for bidding was met. 2. Amount of the low bid is acceptable. 3. Fundinq for this project Undesignated Capital Funds. is available in Time of completion (which will coincide with the Wells Avenue and the Pedestrian Bridge Projects) is March 18, 1995 for all items except street lights (by July 15, 1995) and street trees (by November 1, 1995). Honorable Mayor and Members of City Council BID COMMITTEE REPORT SHENANDOAH AVENUE STREETSCAPE Page 3 October 24, 1994 B. Reject the bids and do not award a contract at this time. Compliance of the bidders with the requirements of the contract documents for bidding would not be an issue. 2. Amount of the low bid would probably increase when rebid at a later date. 3. Fundinq would not be encumbered at this time. Time of completion would not coincide with completion of the Wells Avenue and Pedestrian Bridge Projects. 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 H. & S. Construction Company to construct Shenandoah Avenue Streetscape in accordance with the contract documents in the amount of $163~919.25 and establish a contingency of $13,080.75 totalling $117,000.00. Appropriate $177~000 to Shenandoah Avenue Streetscape Account (008-052-9672-9003) and establish an account receivable from VDOT for $12~000. Funding sources are as follows: Undesignated Capital Funds Reimbursement from VDOT Total $165,000.00 12~000.00 $177,000.00 D. Appropriate $7,433.50 from Undesignated Capital Funds to the Wells Avenue Account (008-052-9547-9003). Authorize the City Manager to execute on behalf of the City, the appropriate VDOT change orders that deletes $12,000 from the Pedestrian Bridge Project and adds $7~433.50 to the Wells Avenue Project. F. Reject the other bids received. Honorable Mayor and Members of City Council BID COMMITTEE REPORT SHENANDOAH AVENUE STREETSCAPE Page 4 October 24, 1994 Respectfully submitted, William White,~~Sr. ,/. Chairman D. Darwin Roupe William F. Clark Robert K. Beng WW:RKB:srh Attachments copy: City Attorney Director of Finance Director of Public Works Director of Public Safety Assistant to City Manager for Community Relations City Engineer Construction Cost Technician Accountant, Contracts and Fixed Assets Budget Administrator Traffic Engineer TABULATION OF BIDS SHENANDOAH AVENUE STREETSCAPE ROANOKE, VIRGINIA PROJECT NUHBER 6276 Bids opened by D. D. Roupe, Manager, General Services, on September 26, 1994, at 2:00 p.m. Bidder I Lump Sum H. & S. Construction Company $163,919.25 Breakell, Inc. $196,000.00 Branch Highways, Inc. $236,707.50 Estimated Cost: $165,000.00 William White,/ Sr. D. Darwin Roupe John H. Parrott William F. Clark MARY F. PARKER, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Ielephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk October 28, 1994 File #51 Jonathan Apgar, Attorney 313 Campbell Avenue, S. W. Roanoke, Virginia 24011 Dear Mr. Apgar: I am enclosing copy of Ordinance No. 32212-102494 rezoning a tract of land located at 752 Orange Avenue, N. E., bearing Official Tax No. 3042002, from HM, Heavy Manufacturing District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner. Ordinance No. 32212-102494 was adopted by the Council of the City of Roanoke on first reading on Monday, October 10, 1994, also adopted by the Council on second reading on Monday, October 24, 1994, and will take effect ten days following the date of its second reading. Sincerely, Mary F. Parker, ~MC/AAE City Clerk MFP: sm ];],nc. pe: Mr. Robert R. Young, 5266 Sunset Drive, S. W., Roanoke, Virginia 24014 Mr. Allen B. Fine, P. O. Box 13326, Richmond, Virginia 23225 Mr. David M. Jones, P. O. Box 11586, Roanoke, Virginia 24022 Neva H. Smith, Executive Director, City of Roanoke Redevelopment and Housing Authority, 2624 Salem Turnpike, N. W., Roanoke, Virginia 24017 Mr. and Mrs. Bruce Cart, 4716 Jacklin Drive, N. E., Roanoke, Virginia 24019 Ms. Mary D. Myers, 723 Orange Avenue, N. E., Roanoke, Virginia 24012 P. M. Properties, P. O. Box 12203, Roanoke, Virginia 24023 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of October, 1994. No. 32212-102494. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 304, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, 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 HM, Heavy Manufacturing District, to C-2, General Commercial District, subject to certain conditions proffered by the applicant; and - WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said application at its meeting on October 10, 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. 304 of the Sectional 1976 Zone Map, City of be amended in the following particular and no other: located at 752 Orange Avenue, N.E., and 304 of the Sectional 1976 Zone Map, City of Roanoke, A tract of land designated on Sheet No. Roanoke, as Official Tax No. 3042002, be, and from HM, Heavy Manufacturing District, to C-2 District, subject to the proffers set out in Petition filed August 17, 1994, Map be changed in this respect. is hereby rezoned General Commercial the First Amended and that Sheet No. 304 of the Zone ATTEST: City Clerk. Roanoke City Planning Commission October 10, 1994 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request from Doug Trout, represented by Jonathan Apgar, attorney, that a tract of land located at 752 Orange Avenue, N.E., identified as Official Tax No. 3042002, be rezoned from HM, Heavy Manufacturing District to C-2, General Commercial District, such rezoning to be subject to certain conditions proffered by the petitioner. Puroose of the rezoning request is to allow the establishment of a retail automobile sales shop with incidental automobile repair, maintenance, paint and body work. Original petition to rezone was filed on November 10, 1993 by Brabham Petroleum Company, the former property owner. The following conditions were proffered: That the existing brick building will be used in its current configuration as shown by Exhibit Two. That the establishment will be primarily engaged in the sale or rental of automobiles and trucks and includes the incidental repair and maintenance of such vehicles where the lot is greater than 20,000 square feet. o That the parking lot is more than 20,000 square feet and there will be no outdoor storage of damaged automobiles, equipment, auto parts or other materials. That the hours of operation of the automobile sales office and incidental repair and painting shop will be no earlier than 7:30 a.m., and no later than 7:30 p.m., Monday through Saturday. Room 162 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2344 Members of Council Page 2 October 10, 1994 Current Redevelonment Plan for the Deanwood Community Development Project (1985), which includes the subject property, indicates that the property should be developed for light industrial purposes. Do Planning Commission tabled action on the ~)roposed rezonin~ on December 15, 1993, in order to provide the petitioner with an opportunity to appear before the Roanoke Redevelopment and Housing Authority to obtain a Land Use Map amendment to the Deanwood Community Development Project Plan. Planning and Redevelooment and Housing Authority staff have held several meetings and numerous conversations with the applicant and his attorney. A public hearing was held on September 6, 1994, before the Roanoke Redevelopment and Housing Authority Board of Commissioners to consider the request to amend the Land Use Map from light industrial to commercial. The Board voted unanimously to approve the requested amendment. First amended petition was filed on August 17, 1994. The following conditions were proffered by the petitioner: That the existing brick building will be improved for awnings, painting and exterior cosmetic changes. That the establishment will be engaged in the sale or rental of automobiles and trucks, which includes the incidental repair and maintenance of vehicles, where the lot ares is greater than 20,000 square feet, and additionally, the establishment will be engaged on an equal basis in automobile body and fender repair and automobile repainting. That the parking lot is more than 20,000 square feet and will be repaved and there will be no outdoor storage of damaged automobiles, equipment, auto pans or other related materials than can be seen from the street or any adjoining property. That there will be an appropriate buffer of trees the north and northeastern boundaries of the property as well as across the road frontage on Orange Avenue as shown on the site plan. That the Petitioner will file an application to the Roanoke Board of Zoning Appeals for a special exception to allow automobile painting and body work at this location prior to the commencement of any such activities at this location. Members of Council Page 3 October 10, 1994 In addition, proffers numbers 1 and 4 remain in place from the original petition. Go Plannine Commission oublic hearing was held on September 7, 1994. Mr. Jonathan Apgar, attorney, appeared before the Commission on behalf of Mr. Trout. Mr. Apgar summarized the request referring to a site plan and a colored rendering showing improvements to the facade of the existing structure. In response to a question from Mr. Talevi, Mr. Apgar stated that the improvements shown on the rendering were proffered and copies of the rendering would be submitted with the amended petition. In response to a question from Mr. Marlles, Mr. Apgar stated he was proffering a buffer consisting of trees along a portion of Mr. Trout's easterly property line. Mr. Marlles gave the staff report noting that after heating the revised proffers, the Planning staff was recommending approval of the request. No one from the audience appeared before the Commission to speak in favor or in opposition to the request. Second amended petition to rezone was filed on September 19, 1994. The following conditions were proffered by the petitioner: That the existing brick building will be used in its current configuration as shown on Exhibit Two. That the hours of operation of the automobile sales office and incidental repair and painting shop will be no earlier than 7:30 a.m., and no later than 7:30 p.m., Monday through Saturday. That the front facade of the existing brick building will be improved in substantial conformity with the rendering shown by Exhibit Four. That the establishment will be engaged in the sale or rental of automobiles and trucks, which includes the incidental repair and maintenance of vehicles. That the parking lot is more than 20,000 square feet and will be repaved and there will be no outdoor storage of damaged automobiles, equipment, auto parts, or other related materials. That there will be an appropriate buffer of trees along the north and northeastern boundaries of the property as shown on the site plan (Exhibit Five). Members of Council Page 4 October 10, 1994 That the petitioner will file an application to the Roanoke City Board of Zoning Appeals for a special exception to allow automobile painting and body work at this location prior to the commencement of any such activities at this location. II. Issues: Zoning of the subject property is HM, Heavy Manufacturing District. The surrounding zoning pattern in the area is as follows: to the west, northwest, southwest and immediate east is HM, Heavy Manufacturing District; to the south and far east is C-2, General Commercial District; to the north and northeast is LM, Light Manufacturing District. Land use of the subject property is a one-story commercial/industrial type building that has been vacant for many years. Surrounding land uses in the area are as follows: to the north is a material handling equipment establishment; to the west, northeast and east are vacant, undeveloped properties; to the south and southeast are two (2) convenience and gasoline sales stores; and to the southwest are two commercial buildings. Access to the property is from the adjoining public street, Orange Avenue (U.S. 460). The City Traffic Engineer has stated that no traffic impacts are anticipated from the proposed reuse of the subject property. Current Redevelopment Plan for the Deanwood Community Development Project (1985), which includes the subject property, indicates that this property should be developed for light industrial purposes to which the rezoning request is not in keeping with this specific area plan recommendation. Planning staff discussion with the Redevelopment and Housing Authority and Economic Development staff support the map amendment change to allow commercial development at this location finding that the property is not suitable for industrial purposes. E. m~e, llgll~X~ recommends that: Expansion of commercial development is carefully evaluated to ensure minimal land use conflict and to promote good land use planning. Promote appropriate development in Urban Enterprise Zone and other priority locations. The City's limited supply of industrial land be protected and that industrial development be encouraged on appropriate sites. Members of Council Page 5 October 10, 1994 III. Alternatives: A. City Council am?rov~ the requested rezoning. Zoning of the subject property will become conditional C-2, General Commercial District. The proposed automobile sales and rental activity, with incidental repair and maintenance of such vehicles, would be allowed to commence operation. The applicant would also have the right to file an application to the City Board of Zoning Appeals for a special exception permit to establish an automobile paint and body shop operation at this location in conjunction with the automobile sales/leasing and (mechanical) repair operation. Land use would become an automobile sales and leasing operation with incidental (mechanical) repair and if the special exception permit is granted by the City Board of Zoning Appeals, automobile painting and body work would also take place at this location. Access to the site would not be an issue. The proffered site plan shows an right turn in and a right turn out driveway onto Orange Avenue and a secondary means of access to the site via a private driveway through the adjoining property to the east from Hollins Road. Deanwood Community_ Development Proje¢t Plan. The pending amendment to the plan by the Housing Authority and City Council to reflect commercial development at this location would provide for the continued processing of this rezoning request and proposed reuse of the property. 5. C m r h nive PI issues as set forth would not be followed. B. City Council ~tcny the rezoning request. Zoning of the property would remain HM, Heavy Manufacturing District. The vacant, developed property would remain available for adaptive reuse. 2. Land uss would remain a vacant, developed property. 3. Access to the property would not be an issue. Deanwood Community Redevelopment Project plan current land use designation for the development of this property is for industrial purposes. Members of Council Page 6 October 10, 1994 The Board of Commissioners of the Roanoke Redevelopment and Housing Authority with the concurrence of the Roanoke City Planning Commission have voted to recommend the amendment to the Land Use Map to change the designation of the property from light industrial to commercial. 5. C m r hen iv Plan issues as set forth could be followed at a later date. IV. Recommendation: The Planning Commission, by a vote of 5-0 (Mr. Buford and Mr. Bradshaw absent) recommended approval of the requested rezoning finding that the subject property was more suitable for commercial development than industrial development. Respectfully submitted, Charles A. Price, Jr., Chairman Roanoke City Planning Commission CAP:JRM:mpf attachments cc: Assistant City Attorney Director of Public Works City Engineer Building Commissioner Zoning Administrator Economic Development Specialist Wesley White, Roanoke Redevelopment and Housing Authority Attorney for the Petitioner IN RE: IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA Second Amendment of an existing Petition for rezoning of a tract of land lying on Orange Avenue, N.E., in the City of Roanoke, being known as 752 Orange Avenue having a tax number 3042002, from HM, Heavy Manufacturing to C-2, General Commercial District, such rezoning to be subject to certain conditions. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, Doug Trout, by counsel, owns land in the City of Roanoke located 752 Orange Avenue, N.E. with a tax number 3042002. Said tract is currently zoned Heavy Manufacturing. A map of the property to be rezoned is attached as Exhibit One. Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioner requests that the said property be rezoned from Heavy Manufacturing District to General Commercial C-2 District subject to certain conditions set forth below for the purpose of a retail automobile sale shop with incidental automobile painting and repair. The Petitioner hereby proffers and agrees that if said tract is rezoned as requested, the rezoning will be subject to, and the Petitioner will abide by, the following additional conditions: 1. That the existing brick building will be used in its current configuration as shown by Exhibit Two; 2. That the hours of operation of the automobile sales office and incidental repair and painting shop will no earlier than 7:30 a.m., and no later than 7:30 p.m., Monday through Saturday; 3. That the facade of the existing brick building will be improved for awnings, painting and exterior cosmetic changes in substantial conformity with the rendering attached hereto as Exhibit Four; 4. That the establishment will be engaged in the sale or rental of automobiles and trucks, which includes the incidental repair and maintenance of vehicles. 5. That the parking lot is more than 20,000 square feet and will be repaved and there will be no outdoor storage of damaged automobiles, equipment, auto parts or other related materials. 6. That there will be an appropriate buffer of trees on the north and northeastern boundaries of the property as shown on the site Plan which is Exhibit Five; 7. That the Petitioner will file an application to the Roanoke Board of Zoning Appeals for a special exception to allow automobile painting and body work at this location prior to the commencement of any such activities at this location. Attached as Exhibit Three are the names, addresses and tax numbers of the owners of all lots or property immediately adjacent to the property to be rezoned. WHEREFORE, the Petitioner request that above described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this 19th day of September, 1994 SIGNED: By: of'couh Jonathan 313,..Cart P.O. Bm Douglas Trout, 1. A~ar, Esquire >ell Avenue, S.W. 1578 Roanoke, VA 24007-1578 0 0 i. ~1 '-lOj ~ 0 N '1 S' NIq'IOH 0 LIST OF ADJOINING PROPERTY OWNERS Official Tax Number 3042001 3042004 3042007 3042008X 3041221 304122~ Owner's Name and Mailing Address Robert R. Young 5266 Sunset Drive, S.W. Roanoke, Virginia, 24014 Elizabeth B. Gibson 3621 Popular Drive S.W. Roanoke, Virginia, 24018 Allen B. Fine P.O. Box 13326 Richmond, Virginia, 23225 Brabham Petroleum Company P.O. Box 218 Vinton, Virginia, 24179 David M. Jones P.O. Box 11586 Roanoke, Virginia 24022 City of Roanoke Redevelopment and Housing Authority P.O. Box 6359 Roanoke, Virginia 24017 -o NW 3 -J-~ 3 10' 0" 2.5' ~"'RAPHIC SCAL~; 1"= 20' ;T AL kCE OF ROANOKE - CLW DESIGNED BY C.LW. DRA~N BY J.J.B. CHECKED BY U.T.P. w.o. # 94-0922 N.B. TAX NO. 304-2002 TPP&S ENGINEERS SURVEYORS PLANNERS T. P. PARKER & SON 818 Boulevard Poet Office BoY Salem, Y',a*finia 2.41§8 Telephone: FAX: 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 September 22, 1994 SANDRA H. EAKIN Deputy City Clerk File #51 Jonathan Apgar, Attorney 313 Campbell Avenue, S. W. Roanoke, Virginia 24011 Dear Mr. Apgar: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, October 10, 1994, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of your client, Douglas Trout, that a tract of land located at 752 Orange Avenue, N. E., bearing Official Tax No. 3042002, be rezoned from HM, Heavy 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 ff 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 Oct Enc. AO NUMBER - 92303075 PUBLISHER'S FEE - $93.60 JONATHAN A APGAR ]13 CAMPBELL AVE P 0 bOX 1575 ROANOKE V,A 24007 STATE OF VIRGINIA CITY OF ROANOKE ~FFIDAVIT OF PUBLICATION I, (THE UNDERSIGNEDI AN AUTHORIZED REPRESENTATIVE OF THE TIMES-WORLD COR- PORATION~ WHICH CORPORATION IS PUBLISHER OF THE ROANOKE TIMES ~ WORLD-NEWS, A DAILY NEWSPAPER PUSLISHED IN ROANOKE, IN THE STATE OF VIRGINIA, DO CERTIFY THAT THE ANNEXED NOTICE WAS PUSLISHED IN SAID NEWSPAPERS ON THF FOLLOWING DATES 09/23/94 MORNING 09/30/94 MORNING wITNESS, THIS ~OBER 1994 AUTHORIZED SIGNATURE NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant to the provisions of Article VII of Chapter 36.1, Code of the City of Roanoke (1979), as amended, the Council of the City of Roanoke will hold a Public Hearing on Monday, October 10, 1994, at 7:00 p.m., in the Council Chamber in the Municipal Building, 215 Church Avenue, S.W., on the question of rezoning from HM, Heavy Manufacturing District, to C-2, General Commercial District, the following property: A tract of land located at 752 Orange Avenue, N.E., and bearing Official Tax No. 3042002, 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 215t day of September , 1994. Mary F. Parker, City Clerk. Publish in the Roanoke Times and World-News, once on Friday, September 23, 1994, and once on Friday, September 30, 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 Jonathan Apgar, Attorney 313 Campbell Avenue, S. W. Roanoke, Virginia 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) 981-2541 September 21, 1994 SANDRA H. EAKIN Deputy City Clerk File #51 Charles A. Price, Jr., Chair 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 Jonathan Apgar, Attorney, representing Dougias Trout, requesting that a tract of land located at 752 Orange Avenue, N. E., identified as Officiai Tax No. 3042002, be rezoned from HM, Heavy 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/trout Eno. pc: The Honorable Mayor and Members of the Roanoke City Council Jonathan M. Apgar, Attorney, 313 Campbell Avenue, S. W., Roanoke, Virginia 24016 John R. Mariles, Agent, City Planning Commission Evelyn D. Dorsey, Acting Zoning Administrator Ronald H. Miller, Building Commissioner Steven J. Talevi, Assistant City Attorney IN RE: IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA Second Amendment of an existing Petition for rezoning of a tract of land lying on Orange Avenue, N.E., in the City of Roanoke, being known as 752 Orange Avenue having a tax number 3042002, from HM, Heavy Manufacturing to C-2, General Commercial District, such rezoning to be subject to certain conditions. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, Doug Trout, by counsel, owns land in the City of Roanoke located 752 Orange Avenue, N.E. with a tax number 3042002. Said tract is currently zoned Heavy Manufacturing. A map of the property to be rezoned is attached as Exhibit One. Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioner requests that the said property be rezoned from Heavy Manufacturing District to General Commercial C-2 District subject to certain conditions set forth below for the purpose of a retail automobile sale shop with incidental automobile painting and repair. The Petitioner hereby proffers and agrees that if said tract is rezoned as requested, the rezoning will be subject to, and the Petitioner will abide by, the following additional conditions: 1. That the existing brick building will be used in its current configuration as shown by Exhibit Two; 2. That the hours of operation of the automobile sales office and incidental repair and painting shop will no earlier than 7:30 a.m., and no later than 7:30 p.m., Monday through Saturday; 3. That the facade of the existing brick building will be improved for awnings, painting and exterior cosmetic changes in substantial conformity with the rendering attached hereto as Exhibit Four; 4. That the establishment will be engaged in the sale or rental of automobiles and trucks, which includes the incidental repair and maintenance of vehicles. 5. That the parking lot is more than 20,000 square feet and will be repaved and there will be no outdoor storage of damaged automobiles, equipment, auto parts or other related materials. 6. That there will be an appropriate buffer of trees on the north and northeastern boundaries of the property as shown on the site Plan which is Exhibit Five; 7. That the Petitioner will file an application to the Roanoke Board of Zoning Appeals for a special exception to allow automobile painting and body work at this location prior to the commencement of any such activities at this location. Attached as Exhibit Three are the names, addresses and tax numbers of the owners of all lots or property immediately adjacent to the property to be rezoned. WHEREFORE, the Petitioner request that above described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this 19th day of September, 1994 SIGNED: Douglas Trout, By: O~ou~~ Jo~Nhan'~Vl. A~gar, Esquire 313, ~am~oell Avenue, S.W. P.O B~ 1578 Roanoke, VA 24007-1578 L 0 ~1 '-I 0 -.I E/0 N 0 .... ,_ . ---~-~ o: ,, ,. ::' iii : · ti '~' --- k----=i-~-'-- : "' I ¥ t~X' ' ' ' ~ "":'*~r;;'- 'l' I ' NW ':1 _L_ g -:1 LIST OF ADJOINING PROPERTY OWNERS Official Tax Number 3042001 3042004 3042007 3042008X 3041221 304122~ Owner's Name and Mailing Address Robert R. Young 5266 Sunset Drive, S.W. Roanoke, Virginia, 24014 Elizabeth B. Gibson 3621 Popular Drive S.W. Roanoke, Virginia, 24018 Allen B. Fine P.O. Box 13326 Richmond, Virginia, 23225 Brabham Petroleum Company P.O. Box 218 Vinton, Virginia, 24179 David M. Jones P.O. Box 11586 Roanoke, Virginia 24022 City of Roanoke Redevelopment and Housing Authority P.O. Box 6359 Roanoke, Virginia 24017 \ \ - T L S N I "1"1 NOTICE OF PUBLIC HEARING BE~RE THE ROANOKE CITY PLANNING COMMISSION TO WHOM IT MAY CONCERN: '% ~ -2 [i~ !] The Roanoke City Planning Commission will hold a public hearing on Wednesday, September 7, 1994, at 1:30 p.m. or as soon as the matter may be heard, in the City Council Chamber, fourth floor, Municipal Building, 215 Chumh Avenue, S.W., in order to consider the following: Request from Doug Trout, represented by Jonathan M. Apgar, attorney, that property located at 752 Orange Avenue, N.E., bearing Official Tax No. 3042002, be rezoned from HM, Heavy Manufacturing District, to C-2, General Commercial District, such rezoning to be subject to certain conditions proffered by the petitioner. A copy of said application is available for review in the Department of Planning and Community Development, 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, August 23, 1994 and Tuesday, August 30, 1994. Please bill: Jonathan M. Apgar, Esquire 313 Campbell Avenue, SW P. O. Box 1578 Roanoke, VA 24007-1578 343-0888 Please send affidavit of publication to: Department of Planning and Community Development Room 162, Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 IN THE COUNCIL OF T~-iE CITY OF ROANOKE, VIRGINIA IN RE: '74 ; ; i? ~"!!:',i~ Amendment of an existing Petition for rezoning of a tract of land lying on Orange Avenue, N.E., in the City of Roanoke, being known as 752 Orange Avenue having a tax number 3042002, from HM, Heavy Manufacturing to C-2, General Commercial District, such rezoning to be subject to certain conditions. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: COMES NOW the Petitioner, Doug Trout, and files the following amendments to a rezoning petition previously filed concerning the above-styled stated tract of land. The amendments to the rczoning petition are as follows: 1. The current owner of the property is no longer Brabham Petroleum Company, but is now Doug Trout; 2. The Petitioner has gained the initial approval of the Roanoke Redevelopment. and Housing Authority which has no objection to amending the map of the Deanwood Expansion Project to allow for C-2 zoning; 3. The Petitioner proffers and agrees that if said tract is rezoned as requested, the rezoning will be subject to, and the Petitioner will abide by, the following additional conditions: 1. That the existing brick building will be improved for awnings, painting and exterior cosmetic changes. 2. That the establishment will be engaged in the sale or rental of automobiles and trucks, which includes the incidental repair and maintenance of vehicles, where the lot area is greater than 20,000 square feet, and additionally, the establishment will be engaged on an equal basis in auto.mobile body and fender repair and automobile repainting. 3. That the parking lot is more than 20,000 square feet and will be repaved and there will be no outdoor storage of damaged automobiles, equipment, auto parts 6r other related materials than can be seen from the street or any adjoining property. 4. That there will be an appropriate buffer of trees on the north and northeastern boundaries of the property as ~vell as across the road frontage on Orange Avenue as shown on the site plan. 5. That the Petitioner will file an application to the Roanoke Board of Zoning Appeals for a special exception to allow automobile painting and body work at this location prior to the commencement of any such activities at this location. WHEREFORE, the Petitioner request that above amendments be included and incorporated in the pending Rezoning Petition currently pending before City Council and that such special exception status as required be granted. Respectfully submitted this/-\ day of August, 1994 Respectfully Submitted, By: 313 Campbell Avenue, S.W. P.O. Box 1578 Roanoke, VA 24007-1578 Dougt~l'~out, Owner 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 Se. ~ember 6, 1994 SANDRA H. EAKIN Deputy City Clerk File #51 Charles A. Price, -Yr., Chairperson ~ity Planning Commission anoke, 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 Jonathan Apgar, Attorney, representing Dougias Trout, requesting that a tract of land located at 752 Orange Avenue, N. E., identified as Official Tax No. 3042002, be rezoned from HM, Heavy 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 / trout EHC. pc: The Honorable Mayor and Members of the Roanoke City Council Jonathan Apgar, Attorney, 313 Campbell Avenue, S. W., Roanoke, Virginia 24016 John R. Marlles, Agent, City Planning Commission Evelyn D. Dorsey, Acting Zoning Administrator Ronald H. Miller, Building Commissioner Steven J. Talevi, Assistant City Attorney ~,~ oo~ 49 TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE REZONING REQUEST OF: Request from Doug Trout, represented by Jonathan Apgar, ) attorney, that a tract of land located at 752 Orange Avenue ) N.E., identified as Official Tax No. 3042002, be rezoned from HM, )AFFIDAVIT Heavy Manufacturing District, to C-2, General Commercial District, ) such rezoning to be subject to certain conditions proffered by the ) petitioner. ) COMMONWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary of the City of Roanoke Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.1- 341, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 29th day of August, 1994, notices of a public hearing to be held on the 7th day of September, 1994, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: ..Parcel 3042001 3042007 3041221 3041224 3030406 3030404 Owner, Agent or Occupant Robert R. Young Allen B. Fine David M. Jones City of Roanoke Redevelopment and Housing Authority Bruce and Beverly Carr Mary D. Myers P M Properties 3030403 Address 5266 Sunset Drive, SW Roanoke, VA 24014 P. O. Box 13326 Richmond, VA 23225 P. O.Box 11586 Roanoke, VA 24022 P. O. Box 6359 Roanoke, VA 24017 4716 Jacklin Drive, NE Roanoke, VA 24019 723 Orange Avenue, NE Roanoke, VA 24012 P. O. Box 12203 Roanoke, VA 24023 Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 29th day of August, 1994. My Commission Expires: Notar~Public DAVID J. DAMICO JONATHAN M. APGAR LAW OFFICES Dmmco & AP ta 313 CAMPBELL AVENUE P. O. BOX 1578 R°¢~ ~I~~E' ~!~^ 24007-1578 TELEPHONE (703) 343-0888 (703) 345-8323 FAX (703) 345-0275 June 22, 1994 Mr. John R. Marlles, Agent Roanoke City Planning Commission Room 162-Municipal Bldg. 215 Church Avenue, S.W. Roanoke, VA 24011 IN RE: Brabham Petroleum Company Rezoning Office Tax No. 3042002 from HM to C-2 Dear Mr. Marlles: Please be advised that the site plan has been ordered for this project from T.P Parker some six weeks ago, and we are still waiting for it to be done. We very much want to continue with this project. Thank you for your attention to this matter. Very truly yours, JMA/gwl I ECElV£D JUN ~T 1904 D:. ..... .. TO, I ~,NN,NGAND~ CO?2;~UNil'Y ~EVELOPMENT P.O. BOX 218 703-345-6267 BRABHAM PETROLEUM CO. : 1111 VINYARD ROAD VINTON, VA. 24179 :;-, June 27, 1994 Mr. John R. Marlles Roanoke City Planning Commission Room 162 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 Dear Mr. Marlles: I received your letter of June 16, 1994, about our request for rezoning of Offical Tax No. 3042002 from HM to C-2. We are actively pursuing rezoning this property. The delay has been getting an up to date plat from T.P. Parker & Son Engineers. As soon as we have this plat, it will be submitted to the City of Roanoke for your approval. Thank you for your patience in this matter. Sincerely, J. Brabham, IV HJBIV/kej RECEIVED JUN ~9 1994 C!TY OF ROANOk'E DEPARTMENT OF PLANNING AND COMe, UNITy DEVELOP6,fFJ~T Roanoke City Planning Commission June 16, 1994 Mr. Jonathan M. Apgar Damico 8,: Apgar 313 Campbell Avenue, S.W. P. O. Box 1578 Roanoke, VA 24007-1578 Dear Mr. Apgar: Subject: Request from Brabham Petroleum Company requesting rezoning of Official Tax No. 3042002 from I-IM to C-2. As the above-referenced rezoning request has been pending since December, 1993, I am requesting that you notify me in writing of your intention regarding the above-referenced rezoning request. If I have not heard from you by Friday, July 1, 1994, I will close our file and consider the issue no longer pending. Thank you for your attention to this matter. If you have questions, please contact me at 981-2356. Sin~.ely, ~ _,' ~ ~; ,~ , , John R. M~Qes, Agent Romoke Ci~ Plmning Com~ssion cc: Mr. Henry Brabham, P. O. Box 218, Vinton, VA 24179 Mr. H. Wesley White, RRHA, P. O. Box 6359, Roanoke, VA 24017 Room 162 Municipal Building 215 Church Avenue, S.W. Roanoke. Virginia 24011 (703) 981-2344 DAVID J. DAMICO JONATHAN M. APGAR LAW OFFICES .DAMICO & APGAR CAMPBELL AVENUE P. O. BOX 1578 24007-1578 TELEPHONE (703) 343-O888 (703) 345-8323 ~)~" .i . . -:: :~' ,'i~Ag~r7b3 345-0275 January 31, 1994 Ms. Evelyn Dorsey Roanoke City Zoning Dept. Municipal Building 215 Church Avenue Roanoke, VA IN RE: Rezoning, 752 Orange Avenue, N.E., Tax No. 3042002 Dear Ms. Dorsey: Please be advised that in reference to the above-stated tract of land, please be advised that the Petition is not being withdrawn. Please call me if there are any questions. Very truly yours, Jo /~ JMA/gwl DAVID J. D&MICO JONATIiAN M, A[K~AR LAW OFFICES D, Mxco & APGAR 313 C^~n Aws P. O. Box 1578 ROANOKE, VIRGINIA 24~7-1578 TELEPHONE {7031 343-0888 (7031 345-8323 FA;' January 11, 1994 Aa per facsimile to MS. Dorsey on today's date 224-3088 Mr. Charles A. Price, Jr., Chairman and Members of the Planning Commission ~to~loke, VA Deer Mr. Price The purpose of this letter is to request another continuance of the BrabhmmPmtroleumproper~ located at 752 Orange Avenue NE Rezoning Request HM Heavy Manufacturing District to C2 General Commercial District. Due to the recent weather, schedule changes, my recent contact with ~he HOUSing Aut~ority and my unaveilability in February, I am requesting this be heard continued to the March Agenda. Thank you for your attention to this matter. JMA/gwl Very truly yours, j~" NOTICE OF PUBLIC HEARING BEFORE THE ROANOKE CITY PLANNING COMMISSION TO WHOM IT MAY CONCERN: · The Roanoke City Planning C6~miSSf0fl ~vill~tald?a public hearing on Wednesday, December 15, 1993, at 1:30 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S.W., in order to consider the following: Request from Brabham Petroleum, represented by Jonathan Apgar, attorney, that a tract of land located at 752 Orange Avenue, N.E., identified as Official Tax No. 3042002, be rezoned from HM, Heavy Manufacturing District, to C-2, General Commercial District, such rezoning to be subject to certain conditions proffered by the petitioner. A copy of said application is available for review in the Office of Community Planning, Room 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, November 30, 1993 and Tuesday, December 7, 1993. Please bill: Jonathan Apgar, Attorney 313 Campbell Avenue, S.W. Roanoke, VA 24016 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, CMC/AAE CITY OF ROAN(' ICE OFFICE OF THE CITY ( LERK 215 Church Avenue, S.W., Roo~ ~6 Roanoke, Virginia 24011 Telephone: (703) 951-25~.1 SANDRA H. EAKIN Deputy City Clerk November 11, 1993 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, ! am enclosing copy of a petition from Jonathan Apgar, Attorney, representing BImbham Petroleum Company, requesting that a tract of land located at 752 Orange Avenue, N. E., identified as Official Tax No. 3042002, be rezoned from HM, Heavy Manufacturing District, to C-2, General Commercial District, subject to certain profferod conditions by the petitioner. f"N o~.,~ --~.Sincerely, ~)~ Mary F. Parker, CMC/AAE City Clerk MFP: em r/brabham Enc. pc: The Honorable Mayor and Members of the Roanoke City Council Jonathan Apgar, Attorney, 313 Campbell Avenue, S. W., Roanoke, Virginia 24016 John R. Mariles, Agent, City Planning Commission Evelyn D. Doraey, Acting Zoning Administrator Ronald H. Miller, Building Commissioner Steven J. Talevi, Assistant City Attorney IN RE: IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA '% ~'10 lq"'i!~ Rezoning of a tract of land lying on Orange Avenue, N.E., in the City of Roanoke, being known as 752 Orange Avenue having a tax number 3042002, from Heavy Manufacturing to General Commercial C-2, such rezoning to be subject to certain conditions. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, BRABHAM PETROLEUM COMPANy, owns land in the City of Roanoke located at 752 Orange Avenue, N.E., with a tax number of 3042002. Said tract is currently zoned Heavy Manufacturing. A map of the property to be rezoned is attached is Exhibit One. Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioner requests that the said property be rezoned from Heavy Manufacturing District to General Commercial C-2 District, subject to certain conditions set forth below, for the purpose of a retail automobile sales shop with incidental automobile painting and repair. The Petitioner believes the rezoning of the said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will be consistent with the General Commercial and retail nature of that portion of Orange Avenue, will utilize property that has been vacant for an extended number of years, already ajoins a C-2 commercial district, and is similar in character to the property's previous uses, that being a gasoline station, automobile repair shop, and retail tire business. The Petitioner hereby proffers and agrees that if the said tract is rezoned as requested, that the rezoning will be subject to, and that the Petitioner will abide by, the following conditions: 1. That the existing brick building will be used in its current configuration as shown by Exhibit Two. 2. That the establishment will be primarily engaged in the sale or rental of automobiles and trucks and includes the incidental repair and maintenance of vehicles where the lot area is greater than 20,000 square feet. 3. That the parking lot is more than 20,000 square feet and there will be no outdoor storage of damaged automobiles, equipment, auto parts or other materials. 4. That the hours of operation of the automobile sales office and incidental repair and painting shop will be no earlier than 7:30 a.m., and no later than 7:30 p.m., Monday thxough Saturday. Attached as Exhibit Three are the names, addresses, and tax numbers of the owner or owners of all lots or property immediately adjacent to the property to be rezone& WHEREFORE, the Petitioner requests that the above-described tract be rezoned as requested in accordance with the provisions of the Zoning ordinance of the City of Roanoke. Respectfully submitted, sign&~ufe 'of owner L S N I "1"10 H 0 £r~6 I ,,~I S Ixl I -I -I 0 I-I 0 0 LIST OF ADJOINING PROPERTY OWNERS Official Tax Number 3042001 3042004 3042007 3042008X 3041221 3041224 Owner's Name and Mailing Address Robert R. Young 5266 Sunset Drive, S.W. Roanoke, Virginia, 24014 Elizabeth B. Gibson 3621 Popular Drive S.W. Roanoke, Virginia, 24018 Allen B. Fine P.O. Box 13326 Richmond, Virginia, 23225 Brabham Petroleum Company P.O. Box 218 Vinton, Virginia, 24179 David M. Jones P.O. Box 11586 Roanoke, Virginia 24022 City of Roanoke Redevelopment and Housing Authority P.O. Box 6359 Roanoke, Virginia 24017 S NI-I-IOH ~1 -I 0.:1 ~ 0 N I ' F TO THE CITY CLER~?~,,~THE::CITY OF ROANOKE, VIRGINIA PERTAINING TO THE REZONING REQUEST OF: Request from Br~'~am P~r~um'::;~i~e~ented by Jonathan Apgar, ) attorney, that a tract of land located at 752 Orange Avenue, ) N.E., identified as Official Tax No. 3042002, be rezoned from HM, )AFFIDAVIT Heavy Manufacturing District, to C-2, General Commercial District, ) such rezoning to be subject to certain conditions proffered by the ) petitioner. ) COMMONVqEALTH 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 mall on the 6th day of December, 1993, notices of a public hearing to be held on the 15th day of December, 1993, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: Parcel 3042001 3042007 3041221 3041224 3030406 3030404 3030403 Owner. Aeent or Occupant ROI}eRR. Young Allen B. Fine David M. Jones City of Roanoke Redevelopment and Housing Authority Bruce and Beverly Carr Mary D. Myers Exxon Corporation Address 5266 Sunset Drive, SW Roanoke, VA 24014 P. O. Box 13326 Richmond, VA 23225 P. O.Box 11586 Roanoke, VA 24022 703 Tinker Avenue Vinton, VA 24179 P. O. Box 6359 Roanoke, VA 24017 4716 Janklin Drive, NE Roanoke, VA 24019 719 Orange Avenue, NE Roanoke, VA 24012 P. O. Box 53 Houston, Texas 77001 Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 6th day of December, 1993. My'Commission Expires: Notary Public MARY F. PARKER. CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S,W,, Room 456 Roanoke, Virginia 24011-1536 Telephone: (703) 981-2541 October 28, 1994 File #51 SANDRA H, EAKIN Deputy City Clerk Edward A. Natt, Attorney Osterhoudt, Ferguson, Natt, Aheron and Agee 1919 Electric Road, S. W. Roanoke, Virginia 24018 Dear Mr. Natt: I am enclosing copy of Ordinance No. 32213-102494 rezoning a tract of land lying on the east side of Hollins Road, N. E., and the north side of Lindbergh Lane, described as 3103 Plantation Road, N. E., Official Tax No. 3150311, from RM-1, Residential Multi-family, Low Density District, to CN, Neighborhood Commercial District, subject to certain conditions proffered by the petitioners. Ordinance No. 32213-102494 was adopted by the Council of the City of Roanoke on first reading on Monday, October 10, 1994, also adopted by the Council on second reading on Monday, October 24, 1994, and will take effect ten days following the date of its second reading. /"~'x~,Sincerely' Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. pc: Ms. Judith D. Thurston, c/o Ms. Judith Bart, 3106 Plantation Road, N. E., Roanoke, Virginia 24012 Mr. and Mrs. Lester O. Ayers, 3102 Plantation Road, N. E., Roanoke, Virginia 24012 Mr. and Mrs. Aubrey Lester, 7231 Lamar Drive, N. W., Roanoke, Virginia 24019 Ms. Jewel P. Tillotson, 614 Lindbergh Lane, N. E., Roanoke, Virginia 24012 Mr. and Mrs. Robert Howell, Route 1, Box 37-B, Blue Ridge, Virginia 24064 Mr. and Mrs. James Stump, 611 Lindbergh Lane, N. E., Roanoke, Virginia 24012 Ms. Katherine J. Hoback, 3112 Plantation Road, N. E., Roanoke, Virginia 24012 IN THE COUNCIL OF THE CITY OF ROANOKE, The 24th day of October, 1994. No. 32213-102494. VIRGINIA, AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 315, 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 RM-1, Residential Multifamily, Low Density District, to CN, Neighborhood Commercial District, subject to certain conditions proffered by the applicant; and -- WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said application at its meeting on October 10, 1994, after due and timely notice thereof as required by S36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that S36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 315 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: A tract of land lying on the east side of Hollins Road (Plantation Road) and the north side of Lindbergh Lane, N.E., known as 3103 Plantation Road, N.E., and designated on Sheet No. 315 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 3150311, be, and is hereby rezoned from RM-1, Residential Multifamily, Low Density District, to CN, Neighborhood Commercial District, subject to the proffers set out in the First Amended Petition filed September 12, 1994, and that Sheet No. 315 of the Zone Map be changed in this respect. ATTEST: City Clerk. October 10, 1994 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Members of City Council: Subject: Request from Artie Minnix Burton and Sarah Minnix Artrip, represented by Edward A. Natt, Esquire, attorney, that property located at 3103 Plantation Road, N.E., bearing Official Tax No. 5100809, be rezoned from RM-1, Residential Multifamily, Low Density District to CN, Neighborhood Commercial District, such rezoning to be subject to certain conditions proffered by the petitioners. Pu _rpose of the rezoning request is to place an existing, "grandfathered" non- conforming commercial structure and use into a conforming zoning district classification. Petition to rezone was filed on August 17, 1994. The following conditions were proffered by the petitioners: That the CN use of the property will be conducted within the existing structure located on the property. That the structure to the rear of the major building will continue to be utilized as an apartment. That the two apartments located on the second floor of the existing premises may continue to be utilized as apartments. 4. That there will be no outside storage. Room 162 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2344 Members of Council Page 2 October 10, 1994 That the double garage on the property may continue to be used for storage. Plannine Commission nublic heating was held on Wednesday, September 7, 1994. Mr. Edward Natt appeared before the Commission on behalf of the petitioners. Mr. Natt explained the purpose of the rezoning request as he reviewed the proffers set forth in the rezoning petition; he then informed the Commission that he wanted to amend his petition and eliminate and/or revise some of those proffers previously described in response to a discussion held with planning staff. Mr. Natt proceeded to verbally amend the petition by eliminating proffers no. 3 & 5 and clarifying some of the wording set forth in proffers 1 & 2. Ms. Dorsey gave the staff report by reviewing the purpose of the request, the zoning status of the existing, developed property uses and structures and the staff recommendation given the revised proffers as presented. No one from the audience appeared before the Commission to speak in favor or in opposition to the request. Further discussion enjoined as to the intent and specific wording of the revised proffers as verbally presented by Mr. Natt among the Commission, the Assistant City Attorney and planning staff. Mr. Natt agreed to further revise the proffers and file an amended petition accordingly, resulting from that discussion. F~LalII~3~[~ to rezone was filed on September 12, 1994. The following conditions were proffered by the petitioners: That any of the permitted uses set forth in the CN district will be conducted within the existing structure located on the property. 2. That there will be no outdoor storage on the subject property. II. Issues: 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, south and immediate east is RM-1, Residential Multifamily, Low Density District; to the southwest is RM-2, Residential Multifamily, Medium Density District; and to the east is LM, Light Manufacturing District. Members of Council Page 3 October 10, 1994 Bo l_and u~ of the subject property is a two story commercial structure with a retail convenience/grocery store operation on the first floor and apartment units on the second floor; a detached structure in the rear of the main building used as an apartment unit; and another detached structure, a double garage, used for storage. Surrounding land use in the area is single family residential. Access to the property is from the adjoining public streets, Plantation Road and Lindbergh Lane. The City Traffic Engineer has stated that no traffic impacts are anticipated from the proposed continuation of the use of the site as it is currently developed. Neighborhood organization does not exist for this area; however, the planning staff notified the two (2) adjoining neighborhood organizations, Williamson Road Action Forum and the Hollins Road North Civic League. The Planning office notified the presidents of both organizations in writing on August 19, 1994 and as of the writing of this report, no comments had been received by staff. E. ~ recommends that: Expansion of commercial development is carefully evaluated to ensure minimal conflict with residential areas and to promote good land use. 2. Neighborhood character and environmental quality be protected. III. Alternatives: A. ~ the rezoning request. Zoning of the subject property would become conditional, CN, Neighborhood Commercial District and the existing, developed property can continue its current uses in a legal, conforming zoning status. Land ~$e would continue to be a retail convenience/grocery operation with residential uses located above the first floor and in a detached structure. As part of the continued use of the property, a basic plan review would be required for review to ensure that the required off-street parldng for the retail and the residential uses are provided as well as for the installation of the screening and buffer requirements that would be imposed due to the fact that the site adjoins residentially zoned and developed property to the east and north. Members of Council Page 4 October 10, 1994 Access to and from the site can safely be provided by the adjoining public streets, Plantation Road and Lindbergh Lane. The City Traffic Engineer has stated that given the continued use of the property as a convenience/grocery store operation with accessory apartments, no traffic impacts are anticipated from this property. ~ would not experience any negative impacts from the continued use of the property as it is currently developed. Furthermore, the property would serve as a transitional buffer area and use from the single and multifamily uses in the area to the light industrial zoned area to the far east of the site. 5. Comprehensive Plan issues as set forth would be followed. B. City Council deny the rezoning request. Zoning of the subject property would remain RM-1, Residential Multifamily District. The existing structure and use of the subject property would remain in a" grandfathered', legal, non-conforming zoning status as a retail convenience/grocery store operation with accessory apartment units. Change in use would be available to the property owner(s) subject to application and issuance of a special exception permit granted by the City Board of Zoning Appeals and in compliance with all applicable Building Code regulations. Land us~ would remain a commercial, retail operation with accessory residential uses subject to the discontinuance provisions as set forth in the zoning ordinance for non-conforming uses and structures. 3. Access to the site would not be an issue. 4. Neighborhood would remain unchanged. 5. ~ issues as set forth could be followed at a later date. IV. Recommendation: The Planning Commission, by a vote of 5 to 0, Mr. Buford and Mr. Bradshaw absent, recommended approval of the requested rezoning finding that the subject property meets the purpose and intent of the neighborhood commercial zoning district classification. Furthermore, the conditional rezoning would provide for the continued use of the existing Members of Council Page 5 October 10, 1994 structure as well as would provide a transitional buffer area from the single and two family uses to north, south and west to the industrially zoned area to the east of the site. CAP:EDD: mpf attachments CC' Assistant City Attorney Director of Public Works City Engineer Building Commissioner Economic Development Specialist Attorney for the Petitioners Respectfully submitted, Charles A. Price, Jr., Chairman Roanoke City Planning Commission VIRGINIA: IN THE COUNCIL OF THE CITY OF ROANOKE FIRST AMENDED PETITION IN RE: REZONING OF A TP~ACT OF LAND LYING ON THE EAST SIDE OF HOLLINS ROAD (PLANATION ROAD) AND THE NORTH SIDE OF LINDBERGH LANE, KNOWN AS 3103 PLANTATION ROAD, NE (TAX MAP NO. 3150311) FROM ZONING DISTRICT RM-1 (RESIDENTIAL MULTI-FAmILY, LOW DENSITY DISTRICT) TO ZONING DISTRICT CN (NEIGHBORHOOD CO~L~ERCIAL DISTRICT) SUCH REZONING TO BE SUBJECT TO CERTAIN CONDITIONS TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE The Petitioners, Artie Minnix Burton and Sarah Minnix Artrip, own land in the City of Roanoke located at 3103 Plantation Road, NE (Tax Map No. 3150311). Said tract is currently zoned RM-1 (Residential Multi-Family, Low Density District). A map showing the location of the property to be rezoned is attached as Exhibit A. Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioner requests that the said property be rezoned from RM-1 (Residential Multi-Family, Low Density District) to CN (Neighborhood Commercial District), subject to certain conditions set forth below for the purpose of operating a neighborhood retail business within the existing structure. The Petitioners would represent that at the present time there are several structures on the property. The principal structure is used for commercial purposes with rental units on the second floor. A second structure to the rear of the property has in the past and is as of the date of the Petition being used for residential purposes. The Petitioners believe the rezoning land will further the intent and purposes Ordinance and its comprehensive plan, in for a use of the property which is more of the said tract of of the city's Zoning that it will provide compatible with the existing structure located on the property and which zoning will be compatible with the zoning in the neighborhood. The Petitioners hereby proffer and agree that if the said tract is rezoned as requested, that the rezoning will be subject the Petitioners will abide by, the following to, and that conditions: 1. That any of the permitted uses set forth in the CN district will be conducted within the existing structure located on the property. 2. That there will be no outdoor storage on the subject property. Attached as Exhibit B are the names and addresses of tax map numbers of the owner or owners of all lots or property immediately adjacent to immediately across a street or road from the property to be rezoned. WHEREFORE, the Petitioners request that the above-described property be rezoned as requested in accordance with the provisions of ~he Zoning Ordinance of the City of Roanoke. 2 Respectfully submitted this day of A~, 1994. RESPECTFULLY SUBMITTED, Of Counsel Edward A.'Natt, Esq. DSTERHOUDT, FERGUSON, NATT, AHERON & AGEE, P.C. k919 Electric Road, SW ~oanoke, VA 24018 (703)774-1197 Sarah Minnix Artrip :: \wpSO\sar~:ly\p~t. N 1 :hipO9/01/94 3 WHITTAKE~ 31t;O] Iio .~ 3150410 STORE LOCATED AT: 3103 PLANTATION ROAD, N.E. Rezoning of property RM-1 to CN (Neighborhood Commercial District The signing of this letter is saying you as a landowner in the neighborhood have no objections to the rezoning and changing the type of business that will occupy the building in the future. NAME ADDRESS 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| Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk September 22, 1994 File #51 Edward A. Natt, Attorney Osterhoudt, Ferguson, Natt, Aheron and Agee 1919 Electric Road, S. W. Roanoke, Virginia 24018 Dear Mr. Natt: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, October 10, 1994, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of your clients, Artie Minnix Burton and Sarah Minnix Artrip, that a tract of land lying on the east side of Hollins Road, N. E., and the north side of Lindbergh Lane, described as 3103 Plantation Road, N. E., Official Tax No. 3150311, be rezoned from RM-1, Residential Multi-family, Low Density District, to CN, Neighborhood Commercial District, subject to certain conditions proffered by the petitioners. For your information, I am enclosing copy of a 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 Oct gnc. Edward A. Natt September 22, 1994 Page 2 pc: Ms. Judith D. Thurston, c/o Ms. Judith Bart, 3106 Plantation Road, N. E., Roanoke, Virginia 24012 Mr. and Mrs. Lester O. Ayers, 3102 Plantation Road, N. E., Roanoke, Virginia 24012 Mr. and Mrs. Aubrey Lester, 7231 Lamar Drive, N. W., Roanoke, Virginia 24019 Ms. Jewel P. Tillotson, 614 Lindbergh Lane, N. E., Roanoke, Virginia 24012 Mr. and Mrs. Robert Howell, Route 1, Box 37-B, Blue Ridge, Virginia 24064 Mr. and Mrs. James Stump, 611 Lindbergh Lane, N. E., Roanoke, Virginia 24012 Ms. Katherine J. Hoback, 3112 Plantation Road, N. E., Roanoke, Virginia 24012 AD NUM~ER - 923(i30~7 PUBL-ISHER'S FEE- ~101o40 EDWARD A N6TT 1919 ELECTRIC RD SW , :f 10 ROANOKE V~ 24018 STATE OF VIR(~INI& CITY {DF ROANOKE AFFIDAVIT OF PUBLICATION I, (THE UNDERSIGNED) AFl AUTHORIZED REPRESENT&TIV~ DF THE TIMES-WORLD COR- PORATION, WHICH CORPORATION IS PUBLISHER OF THE ROANOKE TIMES 6 WORLD-NE~S~ A DAILY NEWSPAPER PU~LISHEO IN ROANOKE, IN THE STATE OF VIRGINIA, DO CERTIFY THAT TH~ ~NNEXED NOTICE W~S PUBLISHED IN SAID NEWSPAPERS ON THE FOLLOWING DATES 09/23/9~ MDRNIN(~ 09/30/9~ MORNIUG mlTNESS, THIS ?/g~Y/~ ~CTO5ER 1994 AUTHORIZED SIGNATURE NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant to the provisions of Article VII of Chapter 36.1, Code of the City of Roanoke (1979), as amended, the Council of the City of Roanoke will hold a Public Hearing on Monday, October 10, 1994, at 7:00 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 CN, Neighborhood Commercial District, the following property: A tract of land lying on the east side of Hollins Road and the north side of Lindbergh Lane, N.E., and bearing Official Tax No. 3150311, 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 ~ day of Segtember , 1994. Mary F. Parker, City Clerk. Publish in the Roanoke Times and World-News, once on Friday, September 23, 1994, and once on Friday, September 30, 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 Edward A. Natt, Attorney Osterhoudt, Ferguson, Natt, Aheron and Agee 1919 Electric Road, S. W. Roanoke, Virginia 24018 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 September 12, 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 Edward A. Natt, Attorney, representing Attic Minnix Burton and Sarah Minnix Artrip, requesting that a tract of land lying on the east side of Hol]ins Road, N. E., and the north side of Lindbergh Lane, described as 3103 Plantation Road, N. E., Official Tax No. 3150311, be rezoned from RM-1, Residential Multi-family, Low Density District, to CN, Neighborhood Commercial District, subject to certain conditions proffered by the petitioners. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm r/minnix gnc. pc: The Honorable Mayor and Members of the Roanoke City Council Edward A. Natt, Attorney, Osterhoudt, Ferguson, Natt, Aheron and Agee, 1919 Electric Road, S. W., Roanoke, Virginia 24018 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 FIRST AMENDED PETITION IN RE: REZONING OF A TRACT OF LAND LYING ON THE EAST SIDE OF HOLLINS ROAD (PLANATION ROAD) AND THE NORTH SIDE OF LINDBERGH LANE, KNOWN AS 3103 PLANTATION ROAD, NE (TAX MAP NO. 3150311) FROM ZONING DISTRICT RM-1 (RESIDENTIAL MULTI-FAMILY, LOW DENSITY DISTRICT) TO ZONING DISTRICT CN (NEIGHBORHOOD COMMERCIAL DISTRICT) SUCH REZONING TO BE SUBJECT TO CERTAIN CONDITIONS TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE The Petitioners, Artie Minnix Burton and Sarah Minnix Artrip, own land in the City of Roanoke located at 3103 Plantation Road, NE (Tax Map No. 3150311). Said tract is currently zoned RM-1 (Residential Multi-Family, Low Density District). A map showing the location of the property to be rezoned is attached as Exhibit A. Pursuant to Section 36.1-690, Code of the city of Roanoke (1979), as amended, the Petitioner requests that the said property be rezoned from RM-1 (Residential Multi-Family, Low Density District) to CN (Neighborhood Commercial District), subject to certain conditions set forth below for the purpose of within the existing at the present time several structures on the property. The principal is used for commercial purposes with rental units on operating a neighborhood retail business structure. The Petitioners would represent that there are structure the second floor. A second structure to the rear of the property has in the past and is as of the date of the Petition being used for residential purposes. The Petitioners believe the rezoning of the said tract of land will further the intent and purposes of the city's Zoning Ordinance and its comprehensive plan, in that it will provide for a use of the property which is more compatible with the existing structure located on the property and which zoning will be compatible with the zoning in the neighborhood. The Petitioners hereby proffer and agree that if the said tract is rezoned as requested, that the rezoning will be subject the Petitioners will abide by, the following to, and that conditions: 1. That any of the permitted uses set forth in the CN district will be conducted within the existing structure located on the property. 2. That there will be no outdoor storage on the subject property. Attached as Exhibit B are the names and addresses of tax map numbers of the owner or owners of all lots or property immediately adjacent to immediately across a street or road from the property to be rezoned. WHEREFORE, the Petitioners request that the above-described property be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. 2 Respectfully submitted this -~ day of ~994. RESPECTFULLY SUBMITTED, Of Counsel dward A. Natt, Esq. DSTERHOUDT, FERGUSON, NATT, AHERON & AGEE, P.C. 1919 Electric Road, SW Roanoke, VA 24018 (703)774-1197 ~tie Minnix BurtOn Sarah Minnix'Artrip' [: \wp50\sandy\pet. i¢ 1: bj pO9/01/94 3 _~t ~0 Zt~4 'z6Z ~v£. ~ 3tSo3O3 / /~ 'i 'G 3tS04.01 31 3s504 /27 tgS. ~t~, I~3 % 3i504~0 - 51'5041 t 3,150413 '~ EXHIBIT A TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE REZONING REQUEST OF: Request from Artrip and Burton, represented by Edward A. Natt to rezone Offfical Tax No. 3150311 at 3103 Plantation Road, NE from RM-1 to CN, conditional. )AFFIDAVIT ) COMMONWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) The affiant, Martha Pace Franklin, first being duly sworn, states that she Secretary of the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.1-341, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 29th day of August, 1994, notices of a public hearing to be held on the 7th day of September, 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 Occuvant Address 3150212 Judith Diane Thurston c/o Judith Bart 3106 Plantation Road, NE Roanoke, VA 24012 3150213 Lester O. and Ila M. Ayers 3102 Plantation Road, NE Roanoke, VA 24012 3150310 Aubrey and Janet Lester 7231 Lamar Drive, NW Roanoke, VA 24019 3150312 Jewel P. Tillotson 614 Lindbergh Lane, NE Roanoke~ VA 24012 3150401 Robert and Joanne Howell Route 1, Box 37-B Blue Ridge, BA 24064 3150409 James and Pamela Stump 611 Lindbergh Lane, NE Roanoke, VA 24012 3150211 Katherine J. Hoback Martha Pace Franklin 3112 Plantation Road, NE Roanoke, VA 24012 SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 29th day of August, 1994. Notar~ Public My Commission Expires: NOTICE OF PUBLIC HEARING BEFORE TH~ '~(OANOKE CITY PLANNING COMMISSION TO WHOM IT MAY CONCERN: 'D4 (! ~ 19 /!9 ()3; The Roanoke City Planning Commission will hold a public hearing on Wednesday, September 7, 1994, at 1:30 p.m. or as soon 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 Artie Minnix Burton and Sarah Minnix Artrip, represented by Edward A. Natt, attorney, that property located at 3103 Plantation Road, N.E., bearing Official Tax No. 3150311, be rezoned from RM-1, Residential Multifamily, Low Density District, to CN, Neighborhood Commercial District, such rezoning to be subject to certain conditions proffered by the petitioner. A copy of said application is available for review in the Department of Planning and Community Development, 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, August 23, 1994 and Tuesday, August 30, 1994. Please bill: Edward A. Natt, Esquire Osterhoudt, Ferguson, Natt, Aheron & Agee, PC 1919 Electric Road, SW Roanoke, VA 24018 774-1197 Please send affidavit of publication to: Department of Planning and Community Development 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) 981-2541 August 17, 1994 SANDRA H. EAKIN Deputy Cily Clerk 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 Edward A. Natt, Attorney, representing Attic Minnix Burton and Sarah Minnix Artrip, requesting that a tract of land lying on the east side of Hollins Road, N. E., and the north side of Lindbergh Lane, described as 3103 Plantation Road, N. E., Official Tax No. 3150311, be rezoned from RM-1, Residential Multi-family, Low Density District, to CN, Neighborhood Commercial District, subject to certain conditions proffered by the petitioners. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm r/minnix Eno. pc.' The Honorable Mayor and Members of the Roanoke City Council Edward A. Natt, Attorney, Osterhoudt, Ferguson, Natt, Aheron and Agee, 1919 Electric Road, S. W., Roanoke, Virginia 24018 John R. Mariles, 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 IN RE: REZONING OF A TRACT OF LAND LYING ON THE EAST SIDE OF HOLLINS ROAD (PLANATION ROAD) AND THE NORTH SIDE OF LINDBERGH LANE, KNOWN AS 3103 PLANTATION ROAD, NE (TAX MAP NO. 3150311) FROM ZONING DISTRICT RM-1 (RESIDENTIAL MULTI-FAMILY, LOW DENSITY DISTRICT) TO ZONING DISTRICT CN (NEIGHBORHOOD COMMERCIAL DISTRICT) SUCH REZONING TO BE SUBJECT TO CERTAIN CONDITIONS TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE The Petitioners, Artie Minnix Burton and Sarah Minnix Artrip, own land in the City of Roanoke located at 3103 Plantation Road, NE (Tax Map No. 3150311). Said tract is currently zoned RM-1 (Residential Multi-Family, Low Density District). A map showing the location of the property to be rezoned is attached as Exhibit A. Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioner requests that the said property be rezoned from RM-1 (Residential Multi-Family, Low Density District) to CN (Neighborhood Commercial District), subject to certain conditions set forth below for the purpose of operating a neighborhood retail business within the existing structure. The Petitioners believe the rezoning of the said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will provide for a use of the property which is more compatible with the existing structure located on the property and which zoning will be compatible with the zoning in the neighborhood. The Petitioners hereby proffer and agree that if the said tract is rezoned as requested, that the rezoning will be subject to, and that the Petitioners will abide by, the following conditions: 1. That the CN use of the property will be conducted within the existing structure located on the property. 2. That the structure to the rear of the major building will continue to be utilized as an apartment. 3. That the two apartments located on the second floor of the existing premises may continue to be utilized as apartments. 4. That there will be no outside storage. 5. That the double garage on the property may continue to be used for storage. Attached as Exhibit B are the names and addresses of tax map numbers of the owner or owners of all lots or property immediately adjacent to immediately across a street or road from the property to be rezoned. WHEREFORE, the Petitioners request that the above-described property be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. 2 Respectfully ubmltted this S ' day of August, 1994. RESPECTFULLY SUBMITTED, Of Counsel Edward A. Natt, Esq. OSTERHOUDT, FERGUSON, NATT, AHERON & AGEE, P.C. 1919 Electric Road, SW Roanoke, VA 24018 (703)774-1197 / z: \up50 \sandy\pe t. N 1: bj pO8/11/94 3 / zt~.2q 315030!, /? 5150~,19 /~, 31504,01 .'~ 31504~0 3t5~411 EXHIBIT A R~ LE 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 I-1536 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk October 28, 1994 File #51 William H. Sapp, Jr., Attorney P. O. Box 19028 Roanoke, Virginia 24019 Dear Mr. Sapp: I am enclosing copy of Ordinance No. 32214-102494 rezoning a 2.12 acre tract of land located off of Townside Road, S. W., bearing Official Tax No. 5490307, from RM-2, Residential Multi-family, Medium Density District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner. Ordinance No. 32214-102494 was adopted by the Council of the City of Roanoke on first reading on Monday, October 10, 1994, also adopted by the Council on second reading on Monday, October 24, 1994, and will take effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Ene. pc: Pinecrest Summertree Associates, 4609-D Pinecrest Office Park Drive, Alexandria, Virginia 22312 Pelayers, Inc., 4087 Championship Court, Annandale, Virginia 22003 Commonwealth of Virginia Department of Transportation, 714 S. Broad Street, Salem, Virginia 24153 IN THE COUNCIL OF THE CITY OF ROANOKE, The 24th day of October, I994. No. 32214-102494. VIRGINIA, AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke 1979), as amended, and Sheet No. 549, 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 RM-2, Residential Multifamily, General Commercial District, subject to proffered by the applicant; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said application at its meeting on October 10, 1994, after due and timely notice thereof as required by S36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed 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 Medium Density District, to C-2, certain conditions presented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that S36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 549 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: A 2.12-acre tract of land located off of Townside Road, S.W., adjacent to Ceasar's Club, Town & Ranch Corporation property, and designated on Sheet No. 549 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 5490307, be, and is hereby rezoned from RM-2, Residential Multifamily, Medium Density District, to C-2 General Commercial District, subject to the proffers set out in the~ Third Amended Petition filed September 19, 1994, and that Sheet No. 549 of the Zone Map be changed in this respect. ATTEST: City Clerk. Roanoke City Planning Commission October 10, 1994 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Members of City Council: Subject: Request from PAGE, L.C., represented by William H. Sapp, Jr., attorney, that a 2.12 acre portion of the property identified as Official Tax No. 5490307, be rezoned from RM-2, Residential Multifamily, Medium Density District to C-2, General Commercial District, subject to certain conditions proffered by the petitioner. I. Background: Pu _rpose of the rezoning request is to provide for the construction and operation of a mini-warehouse facility on the subject property. B. Petition to rezone was filed on June 15, 1994. First ~ to rezone was filed on August 17, 1994. The following conditions were proffered by the petitioner: That the subject property will be used for the construction and operation of a mini storage warehouse facility on the northern half of the property which is currently zoned C-2, General Commercial District. o That within six (6) months after the effective date of the rezoning approval by City Council, the applicant will make application to and receive approval from the City Board of Zoning Appeals for a special exception to provide for the mini storage warehouse facility of up to 48,000 feet. That no billboard or outdoor advertising structure shall be erected on the subject property proposed for rezoning. That no outdoor storage will be permitted nor take place on the subject property (proposed) for rezoning. Room 162 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2344 Members of Council Page 2 October 10, 1994 Plannin£ Commission vublic hearing was held on Wednesday, September 7, 1994. Mr. Sapp appeared before the Commission representing the petitioner. Mr. Sapp summarized the rezoning petition to the Commission and stood ready for any questions. Acting Chairman Bradshaw inquired as to the use of billboards or any other signage on the proposed building oriented towards the Roy Webber Expressway. Mr. Sapp responded that his client had no intention to do that and would be willing to offer such a proffer to that effect. Acting Chairman Bradshaw further inquired about the timing of obtaining a special exception permit for the warehouse use and what would happen to the property if it were denied for one reason or another. Mr. Sapp responded by stating that his client's only intended use of this portion of the property was for warehouse storage and that he would be willing to proffer that if it is not approved, the zoning would revert back to the current residential zoning. Ms. Dorsey gave the staff report. She summarized the land uses, zoning pattern and proffers as set forth in the report and concluded that with the additional verbal proffers entered into the record, the planning staff recommended approval of the rezoning requested as presented. No one from the audience appeared before the Commission to speak in favor or in opposition to the request. E. Second amended mgiti0n to rezone was filed on September 9, 1994. Third Amended Petition to Rezone was filed on September 19, 1994, in respone to revisions requested by the City Attorney's office. The following conditions were proffered by the petitioner: That the subject property will be used for the construction and operation of a mini-warehouse facility on the northern half of the property which is currently zoned C-2, General Commercial District. That within six (6) months after the effective date of the rezoning approval by City Council, the applicant will make application to and receive approval from the City Board of Zoning Appeals for a special exception to provide for the mini-warehouse facility of up to 48,000 feet. That no outdoor advertising structure shall be erected on the subject property proposed for rezoning. Members of Council Page 3 October 10, 1994 That no outdoor storage will be permitted nor take place on the subject property for rezoning. That no sign , including one painted on the side of building, shall be visible from the adjacent expressway. That the zoning shall revert to RM-2 if the City Board of Zoning Appeals fails to authorize the use of the property to erect 48,000 square feet of mini-warehouses. II. Issues: Zoning of the subject property is RM-2, Residential Multifamily, Medium Density District. The surrounding zoning pattern in the area is as follows: to the north is C-2, General Commercial District; to the south, east and west is RM-2, Residential Multifamily District. Land u~ of the subject property is partially vacant wooded area and an overflow parking lot for the adjoining commercial building. Surrounding land uses in the area are as follows: to the immediate north is a vacant, commercial building; to the west is right-of-way of the Roy Webber Expressway (1-581/220); and to the east and to the south is an apartment complex. Access to the subject property is via a private access drive from Towns,de Road, a public street, through one apartment complex and the adjoining commercial development, of which the subject property is a part. The City Traffic Engineer has stated that no traffic impacts on the adjoining public streets, Towns,de Road and Franklin Road, are anticipated from the proposed development of the site as a mini-warehouse facility. Utilities are existing and of adequate capacity to accommodate the proposed use of the subject property. Storm drainage concerns and other design or engineering issues will be addressed and resolved during the comprehensive plan development review process. Screening would be required by the zoning ordinance along the property boundaries that adjoin the residentially zoned and developed areas and would also be addressed through comprehensive development plan review. F. Neighborhood organization does not exist for this area. G. r~3P~0~l~g_~ recommends that: Members of Council Page 4 October 10, 1994 1. Neighborhood character and environmental quality be protected; Commercial development is carefully evaluated to ensure minimal conflict with residential areas. III. Alternatives: City Council approve the rezoning request. Zoning of the subject property would become conditional, C-2, General Commercial District and the proposed use and development of the site as a mini-warehouse facility would be allowed to take place. Land use would be a light commercial activity compatible and in support of the adjoining multifamily and commercial uses in the area. Screening and buffer requirements would be required along the property boundaries of the proposed development site which adjoin the residentially zoned and developed areas. Access to and from the site is provided by the private access drive from Towns,de Road. The City Traffic Engineer has stated that given the proposed use of the property and its access, no traffic impacts on the adjoining public streets are anticipated from this development. Utilities are available to the property and of adequate capacity to serve the proposed use and development of the property. Specific site development issues will be addressed through comprehensive development plan review. Screening will be provided on the site in accordance with the requirements as set forth in the zoning ordinance and as a result of the comprehensive development plan review. Nei£hborhood would not be affected by the proposed use and development of the subject property since the intent of the proposed mini- warehouse facility is to provide accessory storage for the adjoining mulfifamily (apartment) developments. 7. Comprehensive Plan issues as set forth would be followed. B. City Council deny the rezoning request. Members of Council Page 5 October 10, 1994 Zonine of the subject property would remain RM-2, Residential Multifamily, Medium Density District. The proposed development of the subject property as a mini-warehouse facility would not be allowed to oo3nr. Land use would remain vacant, undeveloped land available for future residential development at this location. 3. Utilities would be unaffected. 4. Access to the site would not be an issue. 5. Screening would not be an issue. 6. Nei£hborhood would not be affected. 7. Comprehensive Plan issue as set forth could be followed at a later date. IV. Recommendation: The Planning Commission, by a vote of 5 to 0, Mr. Buford and Mr. Price absent, recommended approval of the requested rezoning based on the finding that the rezoning would be a logical extension of the adjoining C-2, General Commercial District located to the north of the subject property and would place all of the same tract of land, under the same ownership, within the same zoning district classification. Respectfully submitted, Charles A. Price, Jr., Chairman Roanoke City Planning Commission CAP:EDD: mpf attachments cc: Assistant City Attorney Director of Public Works City Engineer Building Commissioner Economic Development Specialist Attorney for the Petitioner IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: TO CITY OF AMENDED PETITION TO REZONE Rezoning of 2.12 acres adjacent to Ceasar's Ciub, Town & Ranch Corp Property (Tax Map 5490307), from RM-2 to C-2, General Commercial District.) THE HONORABLE MAYOR AND MEMBERS OF THE ROANOKE: COUNCIL OF THE The petitioner PAGE, L.C., owns a parcel of land located in the City of Roanoke, Virginia, containing 1.57 acres, more or less, consisting of the southern half of the 3.77 acres formerly known as the Leonard Tract, and designated on Roanoke City Appraisai Maps as Tax No.5490307. This part of the tract is currently zoned as RM-2, Multi Family Residentia! District. A copy of the zoning map is attached as Exhibit 1. Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the petitioner requests that the said property be rezoned from RM-2, Multi-Family Residential District, to C-2, Genera! Commercia! District, for the purpose of constructing and operating a mini-warehouse complex in conjunction with the bui!ding currently located on the northern half of the property which is currently zoned C-2, Genera! Commercia! District. The petitioner believes that the rezoning of the said !ot will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will: a. Provide a service to adjacent apartment comp!exes, ie. storage of furniture and items of property which will not fit in limited apartment space. b. The current parcel of land is partiaIIy zoned C-2 and partia!ly RM-2 which severely limits its development potential. c. The additiona! space zoned ¢-2 will provide space for a buffer area between the commercia! deve!opment and surrounding properties. d. The access road from Townside Drive would be sufficient for limited access needed to storage. e. The current parcel is paved as a parking lot for the adjacent Ceasar's Club and construction of mini-warehouses would not increase water runoff. f. Construction of mini-warehouses will provide additional tax revenues. The Petitioner hereby proffers and agrees that if the said tract is rezoned as requested, that the rezoning will be subject to, and that the Petitioners will abide by the following conditions: a. That the subject property will be used for the construction and operation of a mini warehouse facility on the northern half of the property which is currently zoned C-2, General Commercial District. b. That within six (6) months after the effective date of the rezon'ing approval by City Council, the applicant will make application to and receive approval from the City Board of Zoning Appeals for a special exception to provide for the mini warehouse facility of up to 48,000 feet. c. That no outdoor advertising structure shall be erected on the subject property proposed for ~rezoning. d. That no outdoor storage will be permitted nor take place on the subject property for rezonlng. e. That no sign, of a building, shall expressway. including one painted on the side be visible from the adjacent f. That the zoning shall revert to RM-2 if the City Board of Zoning Appeals fails to authorize the use of the property to erect 48,000 square feet of mini warehouses. Attached as Exhibit 2 are the names and addresses of the owners of all lots or property immediately adjacent to or immediately across the street from the property to be rezoned. WHEREFORE, the petitioner requests that the above- described property be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted, Page, L.C. Sep--tembef-~9, 1994 ~ William H. Sapp,Jr. Attorney at Law P.O. Box 19028 Roanoke, VA 240~9 366-6589 II 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 September 22, 1994 SANDRA H. EAKIN Deputy City Clerk File #51 William H. Sapp, Jr., Attorney P. O. Box 19028 Roanoke, Virginia 24019 Dear Mr. Sapp: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, October 10, 1994, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of your client, PAGE, L.C., that a 2.12 acre tract of land located off of Townside Road, S. W., bearing Official Tax No. 5490307, be rezoned from RM-2, Residential Multi-family, Medium Density 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. MFP: sm Oct Sincerely, City Clerk Enc. William Ho Sapp, Jr. September 22, 1994 Page 2 pc: Pinecrest Summertree Associates, 4609-D Pinecrest Office Park Drive, Alexandria, Virginia 22312 Pelayers, Inc., 4087 Championship Court, Annandale, Virginia 22003 Commonwealth of Virginia Department of Transportation, 714 S. Broad Street, Salem, Virginia 24153 ;"~3 NUiqctER 92303086 PUBLISHcR'S FEF - ~98o80 WILLIAH H S~PP JR, ATTY 5219 PETERS CR!~K RD NN P 0 BOX 1902~ ROANOKE VA 24019 (i T 'r %.,! STATE OF VIqGIr4I~ CITY OF R,O~NOKE AFFIDAVIT OF PUBLICATION I~ (THE UNDERSIGNED) AN AUTHORIZED REPRESENTATIVE OF TH~ TIMES-WORLD COR- PORATION~ ~HICH CORPORATION ~S PUBLISHER DF THE ROANOKE TIMES 6 WORLD-NEWS~ A DAILY NEWSPAPER PUBLISHED IN ROANOKE~ IN THE STATE OF VIPGINtA, DO CERTIFY TH~T THE ANNEXED NOTICE WAS PUBLISHED IN SAID NE~SPAPFRS ON THE FCLLONING DATES 09/23/9~ MOR~ING 09/30/9~ MORNI,q~; WITNESS, THIS 1ST~A~OF~_CTU~ER 1994 AUTHORIZED SIGNATURE NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant to the provisions of Article VII of Chapter 36.1, Code of the City of Roanoke (1979), as amended, the Council of the City of Roanoke will hold a Public Hearing on Monday, October 10, 1994, at 7:00 p.m., in the Council Chamber in the Municipal Building, 215 Church Avenue, S.W., on the question of rezoning from RM-2, Residential Multifamily, Medium Density District, to C-2, General Commercial District, the following property: A 2.12-acre tract of land located off of Townside Road, SW., and bearing Official Tax No. 5490307, 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 215t day of September , 1994. Mary F. Parker, City Clerk. Publish in the Roanoke Times and World-News, once on Friday, September 23, 1994, and once on Friday, September 30, 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 William H. Sapp, Jr., Attorney P. O. Box 19028 Roanoke, Virginia 24019 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 l SANDRA H. EAKIN Deputy City Clerk September 21, 1994 File #51 Charies A. Price, Jr., Chair 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 third amended petition from Wiliiam H. Sapp, Jr., Attorney, representing PAGE, L.C., requesting that a parcel of land located off of Townside Road, S. W., containing 2.12 acres, more or less, identified as Official Tax No. 5490307, be rezoned from RM-2, Residential Multi-family, Medium Density 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/PAGE Enc. pc: The Honorable Mayor and Members of the Roanoke City Council William H. Sapp, Jr., Attorney, P. O. Box 19028, Roanoke, Virginia 24019 John R. Mariles, Agent, City Planning Commission Evelyn D. Dorsey, Acting Zoning Administrator Ronald H. Milier, Building Commissioner Steven J. Talevi, Assistant City Attorney IN THE COUNCIL OF THE CITY OF ROANOKE, VgqRG{N~I~c ~: '~ THZRD AMENDED PETITION TO REZONF IN RE: Rezoning of 2.12 acres adjacent to Ceasar's Club, Town & Ranch Corp Property (Tax Map 5490307), from RM-2 to C-2, Genera! Commercial District.) TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The petitioner PAGE, L.C., owns a parcel of land located in the City of Roanoke, Virginia, containing 1.57 acres, more or less, consisting of the southern half of the 3.77 acres formerly known as the Leonard Tract, and designated on Roanoke City Appraisal Maps as Tax No.5490307. This part of the tract is currently zoned as RM-2, Multi Family Residential District. A copy of the zoning map is attached as Exhibit 1. Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the petitioner requests that the said property be rezoned from RM-2, Multi-Family Residential District, to C-2, General Commercial District, for the purpose of constructing and operating a mini-warehouse complex in conjunction with the building currently located on the northern ha]f of the property which is current]y zoned C-2, Genera! Commercial District. The petitioner believes that the rezoning of the said lot will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it wi11: a. Provide complexes, ie. property which space. a service to adjacent apartment storage of furniture and items of will not fit in limited apartment b. The current parcel of land is partially zoned C-2 and partially RM-2 which severely ]imits its development potential. c. The additional space zoned C-2 wJlI provide space for a buffer area between the commercial development and surrounding properties. d. The access road from Townside Drive would be sufficient for limited access needed to storage. e. The current parcel is paved as a parking lot for the adjacent Ceasar's Club and construction of mini-warehouses would not increase water runoff. f. Construction of mini-warehouses will provide additional tax revenues. The Petitioner hereby proffers and agrees that if the said tract is rezoned as requested, that the rezoning will be subject to, and that the Petitioners wil! abide by the following conditions: a. That the subject property wi1! be used for the construction and operation of a m!ni warehouse facility on the northern half of the property which is currently zoned C-2, General Commercial District. b. That within six (6) months after the effective date of the rezoning approval by City Council, the applicant will make application to and receive approval from the City Board of Zoning Appeals for a spec!al exception to provide for the mini warehouse facility of up to 48,000 feet. c. That no be erected on rezoning. outdoor advertising structure shat! the subject property proposed for d. That no outdoor storage wil! be permitted nor take place on the subject property for rezoning. e. That no sign, of a building, shall expressway. including one painted on the side be visible from the adjacent f. That the zoning shall revert to RM-2 if the City Board of Zoning Appeals fails to authorize the use of the property to erect 48,000 square feet of m!ni warehouses. Attached as Exhibit 2 are the names and addresses of the owners of all lots or property immediately adjacent to or immediately across the street from the property to be rezoned. WHEREFORE, the petitioner requests that the above- described property be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted, William H. Sapp,Jr. Attorney at Law P.O. Box 19028 Roanoke, VA 24019 366-6589 MARY Fo PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue. S.W., Room 456 Roanoke. Virginia 24011 Telephone: (7031 981-2541 SANDRA H. EAKIN Deputy City Clerk September 9, 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 William H. Sapp, Jr., Attorney, representing PAGE, L.C., requesting that a parcel of land located off of Townside Road, S. W., containing 2.12 acres, more or less, identified as Official Tax No. 5490307, be rezoned from RM-2, Residential Multi-family, Medium Density District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner. Sincerely Mary . City Clerk MFP: sm r/PAGE gnc. pc: The Honorable Mayor and Members of the Roanoke City Council William H. Sapp, Jr., Attorney, P. O. Box 19028, Roanoke, Virginia 24019 John R. Marlles, Agent, City Planning Commission Evelyn D. Dorsey, Acting Zoning Administrator Ronald H. Miller, Building Commissioner Steven J. Talevi, Assistant City Attorney IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: SECOND AMENDED PETITION TO REZONF Rezoning of 2.12 acres adjacent to Ceasar's Club, Io~,n & Ranch Corp Property ~.~x ,,au 5~90307), from RM-2 to C-2, General Commercial District.} Tu TmE HONORABLE MAYOR MND MEMBERS OF THE CITY OF ROANOKE: COUNCIL OF THE The petitioner PAGE, L.C., owns a parcel of land located in the City of Roanoke, Virginia, containi~,g 1.57 acres, more or less, consisting of the southern half of the 3.77 acres formerly Known as the Leonard Tract, and designated on ~oanoke City Appraisal Maps Tax No.5490307. ~his part of the tract ~s ~urrently zoned as RM-2, Multi Family Residential District. A copy of the zoning map is attached as Exhibit 1. Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the petitioner requests that the said property be rezoned from RM-2, Multi-Family Residential District, to C-2, General Commercial District, for the purpose of constructing and operating a mini-warehouse complex in conjunction with the building currently located on the northern half of the property which is currently zoned C-2, General Commercial District. as The petitioner believes that the rezoning of the said lot wi1! further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will: a. Provide a service to adjacent apartment complexes, ie. storage of furniture and items of property which will not fit in limited apartment space. b. The Current parcel of land is partially zoned C-2 and partially RM-2 which severely limits its development potential. c. The additional space zoned C-2 will provide space for a buffer area between the commercial development and surrounding properties. d. The access road from Townside Drive would be sufficient for limited access needed to storage. e. The current parcel is paved as a parking lot for the adjacent Ceasar's Club and construction of mini-warehouses would not increase water runoff. f. Construction of mini-warehouses wi11 provide additional tax revenues. The Petitioner hereby proffers and agrees that if the said tract is rezoned as requested, that the rezoning will be subject to, and that the Petitioners wil! abide by the following conditions: a. That the subject property will be used for the construction and operation of a mini storage warehouse facility on the northern half of the property which is currently zoned C-2, General Commercial District. b. That within six (6) months after the effective date of the rezoning approval by City Council, the applicant will make application to and receive approval from the City Board of Zoning Appeals for a special exception to provide for the mini storage warehouse facility of up to 48,000 feet. c. That no billboard or structure shall be erected proposed for rezoning. outdoor advertising on the subject property d. That no outdoor storage wi1! be permitted nor take place on the subject property for rezoning. e. That no advertising sign of any kind, those painted on the side of buildings shall from the adjacent expressway. including be visible f. That the zoning shall revert to RM-2 if the City Board of Zoning Appeals fails to authorize the use of the property to erect 48,000 square feet of mini warehouses. Attached as Exhibit 2 are the names and addresses of the owners of al! lots or property immediately adjacent to or immediately across the street from the property to be rezoned. WHEREFORE, the petitioner requests that the above- described property be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted, Page, L.~. ~ Wj/¥1iam H. Sapp,dr. / ~ttorney at Law P.O. Box 19028 Roanoke, VA 24019 366-6589 MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue. S.W.. Room 456 Roanoke. Virginia 24011-1536 Ielephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk October 28, 1994 File #51 William H. Sapp, Jr., Attorney P. O. Box 19028 Roanoke, Virginia 24019 Dear Mr. Sapp: I am enclosing copy of Ordinance No. 32214-102494 rezoning a 2.12 acre tract of land located off of Townside Road, S. W., bearing Official Tax No. 5490307, from RM-2, Residential Multi-family, Medium Density District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner. Ordinance No. 32214-102494 was adopted by the Council of the City of Roanoke on first reading on Monday, October 10, 1994, also adopted by the Council on second reading on Monday, October 24, 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: Pinecrest Summertree Associates, 4609-D Pinecrest Office Park Drive, Alexandria, Virginia 22312 Pelayers, Inc., 4087 Championship Court, Annandale, Virginia 22003 Commonwealth of Virginia Department of Transportation, 714 S. Broad Street, Salem, Virginia 24153 TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE REZONING REQUEST OF: Request from PAGE, L.C., represented by William H. Sapp, Jr., ) to rezone 2.12 acres, portion of tax no. 5490307, off Townside )AFFIDAVIT Road, S.W., from RM-2 to C-2. ) COMMONWEALTH OF VIRGINIA ) ) TOIWIT: CITY OF ROANOKE ) The affiant, Martha Pace Franklin, first being duly sworn, states that she Secretary of the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.1-341, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 29th day of August, 1994, notices of a public hearing to be held on the 7th day of September, 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 Occuvant 5490208 Pinecrest Summertree Associates 5490305 PelayersInc. 5490306 54903O2 Address 4609-D Pinecrest Office Park Drive Alexandria, VA 22312 4087 Championship Ct Annandale, VA 22003 Roy L. State of Virginia (VDOT) Webber Expressway 714 S. Broad Street Salem, VA 24153 'Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 29th day of August, 1994. Nota~ Public My Commission Expires: NOTICE OF PUBLIC HEARING BEFORE THE ROANOKE CITY PLANNING COMMISSION TO WHOM IT MAY CONCERN: '% ["~19 /!9'.~!9 The Roanoke City Planning Commission will hold a public hearing on Wednesday, September 7, 1994, at 1:30 p.m. or as soon 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: 1. Request from PAGE, L.C., represented by William H. Sapp, Jr., attorney, that the rear 2.12 acres of a parcel of land, identified as Official Tax No. 5490307, and located off of Townside Road, S.W. be rezoned from RM-2, Residential Multifamily, Medium Density District, to C-2, General Commercial District, such rezoning to be subject to certain conditions proffered by the petitioner. 2. Request from Beatrice T. Witt that a portion of 6 1/2 Street, S.E., bounded on the north by the southern boundary of Morrill Avenue, S.E., on the west by the eastern boundar7 of a parcel bearing Official Tax No. 4141409, and on the east by a parcel bearing Official Tax No. 4141530, be vacated, discontinued, and closed. 3. Request from Houston Bell that a 230 foot portion of Belle Aire Circle, S.W., at its Brandon Avenue, S.W., intersection, be permanently vacated, discontinued and closed. A copy of said application is available for review in the Department of Planning and Community Development, 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, August 23, 1994 and Tuesday, August 30, 1994. Please bill and send affidavit of publication to: Department of Planning and Community Development Room 162, Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 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) 981-2541 SANDRA H. EAKIN Deputy City Clerk August 17, 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 William H. Sapp, Jr., Attorney, representing PAGE, L.C., requesting that a parcel of land located off of Townside Road, S. W., containing 2.12 acres, more or less, identified as Official Tax No. 5490307, be rezoned from RM-2, Residential Multi-family, Medium Density District, to C-2, General Commercial District. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm r/PAGE Enc. pc: The Honorable Mayor and Members of the Roanoke City Council William H. Sapp, Jr., Attorney, P. O. Box 19028, Roanoke, Virginia 24019 John R. Marlles, Agent, City Planning Commission Evelyn D. Dorsey, Acting Zoning Administrator Ronald H. Miller, Building Commissioner Steven J. Talevi, Assistant City Attorney IN THE COUNCIL OF THE CI~P~ OF'.[~RIO?AN§~E~I VIRGINIA FIRST AMENDED PETITION TO REZONE IN RE: Rezoning of 2.12 acres adjacent to Ceasar's Club, Town & Ranch Corp Property (Tax Map 5490307), from RM-2 to C-2, General Commercial District.) TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The petitioner PAGE, L.C., owns a parcel of land located in the City of Roanoke, Virginia, containing 1.57 acres, more or less, consisting of the southern half of the 3.77 acres formerly known as the Leonard Tract, and designated on Roanoke City Appraisal Maps Tax No.5490307. This part of the tract is currently zoned as RM-2, Multi Family Residentia] District. A copy of the zoning map is attached as Exhibit 1. as Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the petitioner requests that the said property be rezoned from RM-2, Multi-Family Residential District, to C-2, General Commercial District, for the purpose of constructing and operating a mini-warehouse complex in conjunction with the building currently located on the northern half of the property which is currently zoned C-2, Genera] Commercial District. o The petitioner believes that the rezoning of the said lot wili further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it wi11: a. Provide a service to adjacent apartment complexes, ie. storage of furniture and items of property which will not fit in limited apartment space. b. The current parcel of land is partially zoned C-2 and partially RM-2 which severely limits its development potential. c. The additional space zoned C-2 will provide space for a buffer area between the commercial development and surrounding properties. d. The access road from Townside Drive would be sufficient for limited access needed to storage. e. The current parcel is paved as a parking lot for the adjacent Ceasar's Club and construction of o mini-warehouses would not increase water runoff. f. Construction of mini-warehouses will provide additional tax revenues. The Petitioner hereby proffers and agrees that if the said tract is rezoned as requested, that the rezoning will be subject to, and that the Petitioners wil! abide by the following conditions: a. That the subject property will be used for the construction and operation of a mini storage warehouse facility on the northern half of the property which is currently zoned C-2, General Commercial District. b. That within six (6) months after the effective date of the rezoning approval by City Council, the applicant wil! make application to and receive approva! from the City Board of Zoning Appeals for a specia! exception to provide for the mini storage warehouse facility of up to 48,000 feet. c. That no billboard or outdoor advertising structure shall be erceted on the subject property proposed for rezoning. d. That no outdoor storage wil! take p!ace on the subject property Attached as Exhibit 2 are the names the owners of a!l lots or property adjacent to or across property to be be permitted nor for rezoning. immediately rezoned. and addresses of immediately the street from the WHEREFORE, the petitioner requests that the above- described property be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted, Page, L.C. Robert E. Mye~rs June 21, 1994 William H. Sapp,Jr. Attorney at Law P.O. Box 19028 Roanoke, VA 24019 366-6589 June 20, 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 William H. Sapp, Jr., Attorney, representing PAGE, L.C., requesting that a parcel of land located off of Townside Road, S. W., containing 2.12 acres, more or less, identified as Official Tax No. 5490307, be rezoned from RM-2, Residential Multi-family, Medium Density District, to C-2, General Commercial District. Sincerely, ~J?,,~ Mary F. Parker, CMC/AAE City Clerk MFP: sm r/PAGE 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 William H. Sapp, Jr., Attorney, p. O. Box 19028, Roanoke, Virginia 24019 John R. Marlles, Agent, City Planning Commission Evelyn D. Dorsey, Acting Zoning Administrator Ronald H. Miller, Building Commissioner Steven J. Talevi, Assistant City Attorney Room 456, Municipal Building 215 Church Avenue, S.W., Roanoke, Virginia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, IN RE: Rezoning of 2.12 acres adjacent Town & Ranch Corp Property (Tax RM-2 to C-2, General CommerciaI to Ceasar's Club, Map 5490307), from District.) TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The petitioner PAGE, L.C., owns a parcel of 1and iocated in the City of Roanoke, Virginia, containing less than 3 acre, consisting of the southern half of the 3.77 acres formerly known as the Leonard Tract, and designated on Roanoke City Appraisal Maps as Official Tax No.5490307. This part of the tract is currentIy zoned as RM-2, Multi Family ResidentiaI District. A copy of the zoning map is attached as Exhibit 1. Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the petitioner requests that the said property be rezoned from RM-2, MuIti-FamiIy ResidentiaI District, to C-2, General Commercial District, for the purpose of constructing and operating a mini-warehouse complex in conjunction with the building currently Iocated on the northern haif of the property which is currently zoned C-2. The petitioner believes that the rezoning of the said lot will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it wilI: a. Provide a service to adjacent apartment complexes, ie. storage of furniture and items of property which will not fit in limited apartment space. b. The current parceI of land is partially zoned C-2 and partially RM-2 which severely limits its development potential. c. The additional space zoned C-2 wi11 provide space for a buffer area between the commercial development and surrounding properties. d. The access road from Townside Drive would be sufficient for limited access needed to storage. e. The current parceI is paved as a parking lot for the adjacent Ceasar's Club and construction of mini-warehouses would not increase water runoff. f- Construction of mini-warehouses will provide additional tax revenues. o Attached as Exhibit 2 are the names and addresses of the owners of ail lots or property immediateIy adjacent to or immediately across the street from the property to be rezoned. WHEREFORE, the petitioner requests that the above- described property be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted, Page, L.C. obert E. Myer~ June 15, 1994 WiIliam H. Sapp,Jr. Attorney at Law P.O. Box 19028 Roanoke, VA 24019 366-6589 PETITION TO REZONE EXHIBIT 2 ADJACENT PROPERTY OWNERS Tax No. 5490307 5490306 5490305 5490208 N__ame Petitioner Petitioner Petitioner Pinetreee-Summertree Address Roy Weber Expressway State of 2000 Corporate Ridge Suite 925 McLean, VA 22102 Virginia VDOT 714 S. Broad Street Salem, VA 24153 NOTICE OF PUBLIC HEARING BEFORE THE ROANOKE CI~Y'~LANN1NG COMMISSION TO WHOM IT MAY CONCERN: '9t% , i !i": 20 ')~;! :~_i~:; The Roanoke City Planning Commission will hold a public hearing on Wednesday, July 6, 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 PAGE, L.C., represented by William H. Sapp, Jr., attorney, that the rear 2.12 acres of a parcel of land, identified as Official Tax No. 5490307, and located off of Townside Road, S.W. be rezoned from RM-2, Residential Multifamily, Medium 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, June 21, 1994, and Tuesday, June 28, 1994. Please bill: William H. Sapp, Jr., Attorney at Law P. O. Box 19028 Roanoke, VA 24019 366-6589 Please send affidavit of publication to: Office of Community Planning Room 162, Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 TO THE CITY CLERK OF THE CITY OF ROANOKE, PERTAINING T° THE REZONING REQUEST OF: VIRGINIA Request from PAGE, L.C., represented by William H. Sapp, Jr., ) to rezone 2.12 acres, portion of tax no. 5490307, off Townside )AFFIDAVIT Road, S.W., from RM-2 to C-2. ) COMMONWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) The affiant, Geraldine S. Aldridge, first being duly sworn, states that she secretary in the Planning and Community Development Office, 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 mall on the 25th day of July, 1994, notices of a public hearing to be held on the 3rd day of August, 1994, on the closure captioned above to the owner or agent of the parcels listed below at their last known address: Parcel Owner, A~ent or Occupant 5490208 Pinecrest Summertree Associates 5490305 PdayersInc. 5490306 549O302 Address 4609-D Pinecrest Office Park Drive Alexandria, VA 22312 4087 Championship Ct Annandale, VA 22003 Roy L. State of Virginia (VDOT) Webber Expressway 714 S. Broad Street Salem, VA 24153 Geraldine S. Aldridge SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 25th day of July, 1994. Notary Public My Commission Expires: MARY F. PARKER, CMC/AAE CiE, Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk October 28, 1994 File #51 David C. Helscher, Attorney Jolly, Place, Fralin and Prillaman P. O. Box 20487 Roanoke, Virginia 24018 Dear Mr. Helscher: I am enclosing copy of Ordinance No. 32215-102494 rezoning a 1.717 acre tract of land looated at the southerly right-of-way of Orange Avenue (Route 460) at the intersection of Orange Avenue and Walton Street, N. E., and bearing Official Tax Nos. 3221414 - 3221418, inclusive, and 3221735 - 3221741, inclusive; and an adjacent .65 acre tract of land, more or less, bearing Official Tax Nos. 3221518, 3221519, 3221520, 3221521, 3221501 and 3221502, from LM, HM and RM-1, Light Manufacturing, Heavy Manufacturing and Residential Multifamily, Low Density Districts, to C-2, General Commercial District, subject to certain conditions proffered by the petitioners. Ordinance No. 32215-102494 was adopted by the Council of the City of Roanoke on first reading on Monday, October 10, 1994, also adopted by the Council on second reading on Monday, October 24, 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 o David C. Helscher October 28, 1994 Page 2 pc: Mr. and Mrs. Arnold St. Clair, 1708 Wallace Avenue, N. E., Roanoke, Virginia 24012 Mr. and Mrs. Kenneth Kiser, 3513 Willowrun Drive, N.E. Roanoke, Virginia 24012 ' Ms. Helen V. Bower, c/o Ms. Dana Rygas, P. O. Box 796, Pulaski, Virginia 24301 Blue Stone Block, Inc., 1510 Wallace Avenue, N. E., Roanoke, Virginia 24012 Mr. Thomas M. Aheron, 1919 Electric Road, S. W., Roanoke, Virginia 24018 Mr. and Mrs. Thomas Aheron, 8110 Webster Drive, N. W., Roanoke, Virginia 24019 Mr. Noah Delorso, 207 Niday Drive, Barboursville, West Virginia 25504 Mr. J. R. Hunt, c/o Ms. Jane A. Hunt, 6231 Hackberry Drive, Apartment A, Hope Mills, North Carolina 28348 Mr. Robert S. Simpson, c/o Mr. Samuel G. Simpson, 3239 Collingwood Street, N. E., Roanoke, Virginia 24012 Mr. Gerald L. Garnett, 3215 Shenandoah Valley Avenue, N. E., Roanoke, Virginia 24012 Mr. and Mrs. R. A. Shepherd, P. O. Box 12194, Roanoke, Virginia 24022 Mr. and Mrs. Alien D. Kitts, 643 Ridgecrest Drive, Roanoke, Virginia 24019 Mr. James H. Whitlock, Route 2, Box 458-A, Fayettesville, West Virginia 25840 Norris K. Simmons, Executor, 1922 W. Ruritan Road, N. E., Roanoke, Virginia 24012 Mr. Gerald D. Fuller, Route 1, Box 56-H, New Castle, Virginia 24127 Mr. and Mrs. Roger Thompson, 3719 Cundiff Drive, N. E o, Roanoke, Virginia 24012 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of October, 1994. No. 32215-102494. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 322, 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, HM, Heavy Manufacturing District, and RM-1, Residential Multifamily, Low Density District, to C-2, General Commercial District, subject to certain conditions-- proffered by the applicant; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by 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 application at public hearing was held by City Council on said its meeting on October 10, 1994, after due and timely notice thereof as required by S36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that S36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 322 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: A 1.717-acre tract of land located at the southerly right-of- way of Orange Avenue (Route 460) at its intersection of Orange Avenue and Walton Street, N.E., designated on Sheet No. 322 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Nos. 3221414 through 3221418, inclusive, and 3221735 through 3221741, inclusive; and an adjacent .65-acre tract of land, more or less,~ designated on Sheet No. 322 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Nos. 3221518, 3221519, 3221520, 3221521, 3221501 and 3221502, be, and are hereby rezoned from LM, Light Manufacturing District, HM, Heavy Manufacturing District, and RM-1, Residential Multifamily, Low Density District, to C-2 General Commercial District, subject to the proffers set out in the Second Amended Petition filed September 12, 1994, and that Sheet No. 322 of the Zone Map be changed in this respect. ATTEST: City Clerk. ' !..'?0 ,'1'~, ~ Roanoke City Planning Commission October 10, 1994 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Members of City Council: Subject: Request from Henry and Kimberly Caldweil, represented by attorneys David C. Helscher and Alton B. Prillaman, that property located at the southwest and southeast corners of the intersection of Orange Avenue (Route 460) and Walton Street, N.E., identified as Official Tax Nos. 3221414 through 3221418 and 3221735 through 3221741, inclusive, 3221518 through 3221521, inclusive, 3221501 and 3221502 be rezoned from LM, Light Manufacturing District, HM, Heavy Manufacturing District, and RM-1, Residential Multifamily, Low Density District to C-2, General Commercial District, subject to certain conditions proffered by the petitioner. Puroose of the rezoning request is to provide for the construction of a (fast food) drive-in restaurant on a portion of the property with the balance of the land to be held for commercial development consistent with a drive-in restaurant. B. Petition to rezone was filed on August 17, 1994. First amended ti 'on to rezone was filed on August 18, 1994. The following proffers were offered by the petitioner: The property will be developed in substantial conformity with the site plan prepared by petitioners dated August 11, 1994, a copy of which is attached to the petition for rezoning as Exhibit "C", subject to any changes required by the City during site plan review. 2. If no building permit has been issued and no construction commenced Room 162 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2344 Members of Council Page 2 October 10, 1994 within three (3) years from the date of final zoning approval, the zoning shall revert to LM, HM, and RM-1 as it is currently designated without further action by City Council. Planning Commission public hearing was held on Wednesday, September 7, 1994. Mr. Alton Prillaman, attorney, appeared before the Commission on behalf of the petitioner. Mr. Prillaman explained to the Commission the purpose of the rezoning request and reviewed the proffers of the petitioner. Mr. Prillaman further explained that after some discussion with planning staff, he waned to amend his proffers by adding the condition that addressed the future development and uses of the balance of the land area requested for rezoning. Chairman Price inquired about signage on the property. Mr. Prillaman responded that the only signage to be installed on the proposed drive in restaurant site would be that for the restaurant and that his client would be agreeable to proffer that. Further discussion enjoined as to the placement of possible billboard signage on the site and traffic movement to and from the site as to the potential need for a deceleration lane on U.S. 460 for east bound traffic. Ms. Dorsey gave the staff report. She informed the Commission that given the amended proffers as to the use of the balance of the land requested for rezoning and the restriction that no billboards will be placed on the subject property, the planning staff recommended approval of the request finding that the property was more suitable for infili, highway oriented commercial development than for industrial or residential uses. No one from the audience appeared before the Commission to speak for or against the request. E. Second amended _t)etition to rezone was filed on September 12, 1994. Third amended ~etition to rezone was filed on September 16, 1994. The following proffers were offered by the petitioner: The property will be developed in substantial conformity with the site plan prepared by petitioners dated August 11, 1994, a copy of which is attached to the petition for rezoning as Exhibit "C", subject to any changes required by the City during site plan review. The property shown on the site plan and more particularly known as Tax Map Nos. 3221418, 3221417, 3221738, 3221739, 3221740, and 3221741 will be used as a fast food restaurant, and the balance of the property Members of Council Page 3 October 10, 1994 owned by Ca/dwell being Tax Map Nos. 3221414, 3221415, 3221416, 3221735, 3221736, and 3221737 would be used for commercial development compatible with said fast food restaurant. If no building permit has been issued and no construction commenced within three (3) years from the date of final zoning approval, the zoning shall revert to LM, HM, and RM-1 as it currently designated without further action by City Council. All other properties that are the subject of this Petition, other than those identified in paragraph (2), will be used for general retail establishments primarily engaged in the retail sale or rental of merchandise, goods, or products, including the incidental repair and assembly of merchandise, goods, or products sold on the premises (excluding automobiles, trucks or construction equipmen0. Petitioners agree that the signage that will be used for the fast food location will be limited to one (1) free standing sign, as shown on the site plan, and signage attached to the building. No signage will be placed on the hill that runs across the rear of lots at Tax Map Nos. 3221735 through 3221741. II. ISSUES: Zoning of the subject property is LM, Light Manufacturing District, HM, Heavy Manufacturing District and RM-1, Residential Multifamily, Low Density District. The surrounding zoning pattern in the area is as follows: to the north, west and northeast is LM, Light Manufacturing District; to the southwest and south is HM, Heavy Manufacturing District; and to the southeast, across Walton Street, is RM- 1, Residential Multifamily, Low Density District. Land use of the subject property is currently vacant, undeveloped land, two (2) billboard sites and a craft/jewelry repair business. Surrounding land uses are as follows: to the immediate north is vacant, undeveloped property; to the west is Blue Stone Block; to the east is a mixture of highway commercial and industrial uses; and to the south is a mixture of single family and two family dwellings and vacant, undeveloped lots. Access to the subject property is easily provided from the adjoining public street, Orange Avenue (U.S. 460). No significant traffic impacts are anticipated from the proposed development of a portion of the property for a fast food, drive-in restaurant. The City Traffic Engineer has stated that a careful review of the area Members of Council Page 4 October 10, 1994 will be necessary to determine if a right turn deceleration lane will be needed if the remaining land area is developed for commercial purposes as a result of the rezoning. Do Utilities are existing and of adequate capacity to accommodate the proposed use of the property. All engineering and specific site development issues and concerns will be addressed and resolved through the comprehensive site development plan review process. Wildwood Civic League is the neighborhood organization for this area. The Planning office notified the president of this neighborhood organization, Mr. Roy Stroop, in writing of the rezoning request on August 29, 1994 and on September 6, 1994 via a telephone call, staff was informed that he did not see any problem with the rezoning request. Industrial land in the City has been identified as a valuable economic asset and should be protected. However, the subject property, due to its physical location and configuration, is not considered valuable for industrial development. Comprehensive Plan recommends that we encourage appropriate infill commercial development on appropriate sites and minimize land use conflicts. III. Alternatives: City Council approve the rezoning request. Zoning of the subject property would become conditional C-2, General Commercial District. The proposed development of the drive-in (fast food) restaurant would be allowed to take place and the remaining vacant, undeveloped property would be available for infill commercial development. Land use of a portion of the subject property would become a highway service oriented commercial use (drive-in restauranO. No buffering requirements would be imposed because the portion of the property proposed for development does not adjoin any residentially zoned or developed area. Utilities are available and of sufficient capacity to serve the proposed drive-in restaurant on this portion of the subject property. Specific site development issues and concerns would be addressed and resolved during Members of Council Page 5 October 10, 1994 development issues and concerns would be addressed and resolved during the comprehensive site development review process. Access to this property is easily provided by the adjoining public streets, Orange Avenue (U.S. 460) and Walton Street. The City Traffic Engineer has stated that most traffic generated by the proposed drive-in restaurant will be passing by the site anyway and thus, any additional traffic impact would be minimal. Neighborhood would not be affected by the rezoning of the subject property from light and heavy industrial and medium density residential zoning categories to commercial due to the topography of the site (lying at a lower grade level than the residential properties to the south and southeast) as well as its physical orientation towards Orange Avenue. Industrial lilnd, although not preserved for industrial development, is appropriately developed given its location and physical site constraints. 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 , HM, Heavy Manufacturing District and RM-1, Residential Mulfifamily, Low Density District available for future industrial and residential development at that location. The proposed development of the drive-in (fast food) restaurant would not be allowed to take place. Land use would remain vacant, undeveloped property available for future industrial and residential development. 3. Access would not be an issue. Neighborhood would remain unchanged and any further use of the subject property would be subject to and available for those uses as permitted in the light and heavy manufacturing as well as the residential zoning districts, respectively. Industrial land remains protected despite the fact that the property is not suitable for infill industrial development. Members of Council Page 6 October 10, 1994 6. Comprehensive Plan issue as set forth could be followed at a later date. IV. Re~0mmendation: The Planning Commission, by a vote of 5 to 0 (Mr. Buford and Mr. Bradshaw absent), recommended a~roval of the requested rezoning, subject to the amended petition, fmding that the ~zoning will place an existing non-conforming use (the crafts/jewelry repair business) into a conforming zoning classification and that the location and physical site constraints of the subject property are more conducive to highway oriented commercial uses and development as an appropriate land use than a mixture of light and industrial and residential uses. CAP:EDD:mpf attachments CC; Assistant City Attorney Director of Public Works City Engineer Building Commissioner Zoning Administrator Attorneys for the petitioner Respectfully submitted, Charles A. Price, Jr., Chairman Roanoke City Planning Commission IN RE: IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA Rezoning of a tract of land lying in the City of Roanoke described as Lots 14, 15, 16, 17, and 18, Block 18; Lots 47, 48, 49, 50, 51, 52, and '53, Block 14; and Lots 1, 2, 18, 19, 20 and 21, Block 19, Jackson Park subdivision. THIRD AMENDED PETITION TO THE HONORABLE MAY AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioners, Henry M. and Klmberly M. Caldwell, have contracted to purchase land in the City of Roanoke containing 1.717 acres, more or less, located along the southerly right of way of Orange Avenue (Route 460) at its interseotion with Walton Street (Undeveloped), Tax Map Numbers: 3221414 through 3221418, inclusive, and 3221735 through 3221741, inclusive. A copy of said contract is attached hereto as Exhibit "A." The Petitioners, Ann S. Simmons and Janie Mary Harris, own land adjacent to said property, described as Tax Map Numbers 3221518; and 3221519, 3221520, 3221521, 3221501 and 3221502 respectively, containing a total of approximately .65 acre, more or less. A map of the property to be rezoned is attached hereto as Exhibit "B." Pursuant to S 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioners, Henry M. and Kimberly M. Caldwell, request that the said property be rezoned from LM/HM to C2 District, subject to certain conditions set forth below, for the purpose of constructing a SONIC Drive-In restaurant on a portion of the property, with the balance of the land to be held for commercial development consistent with the drive-in restaurant. Petitioners, Ann S. Simmons and Janle Mary Harris, Join in this request to rezone their property from LM to C-2, and in the case of Ms. Harris from LM and RM-1 to C-2. The Petitioners believe the rezoning of the said tract of land will further the intent and purposes of the City Zoning Ordinance and its comprehensive plan in that it will allow Petitioners to make the highest and best use of this site for commercial use which is consistent with the development activity that has taken place along Orange Avenue in recent years. The Petitioners, Henry M. and proffer and agree that if said tract Kimberly M. Caldwell, hereby is rezoned as requested that the rezoning will be subject to and the Petitioners will abide by the following conditions: (1) The property will be developed in substantial conformity with the site plan prepared by Petitioners dated August 11, 1994, a copy of which is attached to the Petition for rezoning as Exhibit "C" subject to any changes required by the City during site plan review. (2) The property shown on the site plan and more particularly known as Tax Map Nos. 3221418, 3221417, 3221738, 3221739, 3221740, and 3221741 will be used as a fast food restaurant, and the balance of the property owned by Caldwell being Tax Map Nos. 3221414, 3221415, 3221416, 3221735, 3221736, and 3221737 would be used for commercial development compatible with said fast food restaurant. (3) If no building permit has been issued and no construction commenced within three (3) years from the date of final zoning approval, the zoning shall revert to LM, HM and RM-i as it is Currently designated without further action by City Council. (4) Ail other properties that are the subject of this Petition, other than those identified in paragraph (2), will be used for general retail establishments primarily engaged in the retail sale or rental of merchandise, goods, or products, including the incidental repair and assembly of merchandise, goods, or products sold on the premises (excluding automobiles, trucks or construction equipment). (5) Petitioners agree that the signage that will be used for the fast food location will be llmited to one (1) free-standing sign, as shown on the site plan, and slgnage attached to the building. No signage will be placed on the hill that runs across the rear of lots at Tax Map Nos. 3221735 through 3221741. AttaChed as Exhibit "D" are the names, addresses and tax numbers of the owners of all the lots of property immediately adjacent or immediately across a street or road from the property to be rezoned. WHEREFORE, the Petitioners request that the above-described tracts be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. 3 Respectfully submitted this I~ day of September, 1994. HENRY M. CALDWELL and KIMBERLY M. CALDWELL By: ,/ f~[:' ?· Of'Cbunse~ David C. Helscher Alton B. Prlllaman JOLLY, PLACE, FRALIN & 3912 Electric Road, SW P. O. Box 20487 Roanoke, VA 24018 (703) 989-0000 PRILLAMAN, P.C. Counsel for Petitioners NOTE: See original Petition and Amended Petition for Exhibits and Joint Petitioners' or their agent's signatures. 4 TO WHOM IT MAY CONCERN I am the owner of Roanoke City Tax Parcels ~3221519-21~ I wish to join in the petition of Henry Caldwell to re-zone tax parcels # 3221414-18 and # 3221735-41 from the current LM and I~M-~F~- zoning to C-2 zoning. I believe this is correct now and for the future as this corridor is commercial not manufacturing in use. ~nie Mary Marr~s 5103 Plantation Circle , N.W. Roanoke , Va. 24012 Date STATE OF VIRGINIA COUNTY OF ROANOKE The foregoing instrument was acknowledged before me this day August 1994 by Janie Mary Harris. My commission expires: NOTARY PUBLIC TO WHOM IT MAY CONCERN I am the owner of Roanoke City Tax Parcel ~ 3221518 I wish to join in the petition of Henry Caldwell to re-zone tax parcels # 3221414-18 and # 3221735-41 from the current LM and HM zoning to C-2 zoning. I believe this is correct now and for the future as this corridor is commercial not manufacturing in use. Ann ~; ~i'mmo]%s J' /~Ft ~WJ~//,F.~ 3106 Foreat Hill Avenue , N.W' Roanoke , Va. 24.012 Date ?i// ~ /~~7~ STATE OF VIRGINIA COUNTY OF ROANOKE The foregoing instrument was acknowledged before me this day August 17, 1994,by Charles R. Allen, Jr., Attorney-in-Fact for Ann K. Simmons. My commission expires: L / ob7 ~OTARY PUBLIC 3222, 322~ to9 ~ 3222/40 UNOEM /P*.$/ 322. 1~09 322/81~ ~HOL~qND ST. 3 z z / ~,~::"'} ~ 3ZZ -.L 3Z, .322 sTREET ,,.~ 2_ 2- /521'T as per list attached as addendum ~. C~ldwell ~"--~i' I ag:eement may be assigned by ~ler ~ Joe ~d/o: ~ette ~/or Co~ealth ~o~ere~ne.~c. w/o ~i:ten cogent of Seller ,othe~ise VIRGINIA ASSOCIATION OF REALTORS ADDENDUM TO CONTRACT OF PURCHASE' ADDENDUM #1 OF ~ ATTACHED ~er*,,, E.J. MASON AND B.J. MASON and 1. OTHER NOTES : (from PS' 2 ) 2.Sl~r,k'~S FINANCING : (B.) ~hall provide for a partial release of the prope~-~Z secured .by the 1at dee4 of trumt in the event Purchase~ sells or otherwise trans£e~~ A.) ~A~per~y mu~t ~e re-zone4 t~ a minimum of ¢-2 status for the express purpose (aa approved by $~Ao IrOn.lea, Inc.) of allowing the operation VIRGINIA ASSOCIATION OF REALTORS ADDENDUM TO CONTRACT OF PURCHASE' 1st ADDENDUM , PACE # 2 June lS. ~994 and ( in/ Purchasers sole determination) prior to settlement . Outdoor Advertising : E,J, & Blanche J. Mason Orange Avenue (U.S. 460 E.) 3221414 Lo= 14 & Pt. St. Block 18 Jackson Park 3221415 Lot 15 & Pt. St. Block 18 Jackson Park 3221416 Lot 16 & Pt. St. Block 18 Jackson Park 3221417 Lot 17 & Pt. St. Block 18 Jackson Park 3221418 Lot 18 & Pt. St. Block 18 Jackson Park 3221735 Lot 47 & Pt. St. Block 14 Lilly View 3221736 Lot 48 & Pt. St. Block 14 Lilly View 3221737 Lot 49 & Pt. St. Block 14 Lilly View 3221738 LoC 50 & Pt. St. Block 14 Lilly Vimw 3221739 Lot 51 & Pt. St. Block 14 Lilly View 3221740 Lot 52 & Pt. St. Block 14 Lilly View 3221741 Lot 53 & Pt. St. Block 14 Lilly View SECOND ADDENDUM TO REAL ESTATE CONTRACT THIS ADDENDUM to Real E~tate Sales Contract dated June 15, 1994 designating as Sellers Edward I. Mason and Blanche J. Mason and Henry M. Caldwell and Kimberly M. Caldwell or assigns as Purchasers ia made and entered into this 5th day of aulv , 1994 by and between said panics. The parties do hereby agree together as follows, in consideration of the terms and covenants of said agreement and this Addendum. 1. Except as modified by this Addendum, the Contract dated June 15, 1994, and Addendum Number I thereto shall remain in full force and effect. But, the terms of this Addendum shall control where there is a conflict. 2. The terms of the Contract and this Addendum shall specifically survive closing and shall not be merged into the delivery of the deed at closing. 3. The purchase pric~ shall be One Hundred Thousand Dollars ($100,000.00). Purchaser shall be solely responsible to pay the real estate commission of Lunsford Realty and Investment, Inc. 4. Owner financing being required, the amount financed by Sellers shall be Ninety Thousand Dollars ($90,000.00) at eight percent (8%) interest amortized and payable over ten (10) years. There shall be a prepayment penalty of twenty percent (20%) of thc amount prepaid in the lb'st and second year following closing, seventeen percent (17%) in tho third y~l', fourteen percent (14%) in the fourth year, eleven percent (11%) in the fifth year, eight~ percent (8%) in the sixth year, five percent (5%) in thc seventh year and thereafter. However, in the seventh year. the Purchaser may, by election in writing, elect to prepay one half (1/2) of the then remaining principal balance in the seventh year and the remaining balance in the eighth year, without penalty. 5. It is agreed that, should Purchasers need to obtain a construction loan to develop the property conveyed. Sellers shall subordinate their purchase money security to the security of the construction loan for the period of construction. Permanent financing to pay off the construction loan shall be arranged by Purchasers before the construction loan shall be entered into. Except for the construction loan during the period of construction, Sellers security shall be and constitute the first lien upon the property. 6. Sellers agree, on thc written request of Purchasers, to a partial release of the property subject to and standing as security for their purchase money loan, provided that a portion of the property is being sold by Purchasers. In all events, the property remaining subject to the lien shall equal or exceed one hundred ten percent (110%) of the then outstanding loan value as established by independent appraisal. 7. Monthly paymenta on the amount financed by Sellers shall become due and payable on the 25th day of each month. The Note and Deed of Trust to secure Seller's financing shall be in a form acceptable to both Sellers and Purchasers. 8. The time for acceptance of thc Contract is extended to the ~th day of July ,1994. (PURCHASER) Edward J. C dwell --.,~-~-~1 .I 2 In re: AMENDED EXHIBIT D ADJOINING PROPERTY OWNER LIST Commonwealth Cornerstone, Inc. Request for Rezoning Official Tax Number 3221809 Owner's Name and Mailinq Address St. Clair, Arnold B. St. Clair, Nancy K. 1708 Wallace Avenue, NE Roanoke, VA 24012 3221801 3221720 3221719 3221718 3221717 3221716 3221714 3221734 3221413 3221201 3221202 3221203 3221204 St. Clair, Arnold B. 1708 Wallace Avenue, NE Roanoke, VA 24012 Kiser, Kenneth D., et al. Kiser, Sandra T. 3513 Willowrun Drive, NE Roanoke, VA 24012 SAME AS INFORMATION ABOVE Bower, Helen v. c/o Dana Rygas P. O. Box 796 Pulaski, VA 24301 SAME AS INFORMATION ABOVE Kiser, Kenneth D., et al. Kiser, Sandra T. 3513 Willowrun Drive, NE Roanoke, VA 24012 SAME AS INFORMATION ABOVE Blue Stone Block, Inc. 1510 Wallace Avenue, NE Roanoke, VA 24012 SAME AS INFORMATION ABOVE Ahe~on, Thomas M. 1919 Electric Road, SW Roanoke, VA 24018 Aheron, Eva 8110 Webster Drive, NW Roanoke, VA 24019 SAME AS INFORMATION ABOVE SAME AS INFORMATION ABOVE 3221205 3221206 3221207 3221208 3221209 3221210 3221211 3221219 3221214 3221522 3221523 3221503 3221810 3221811 3221812 Aheron, Thomas M. Aheron, Eva J. 8110 Webster Drive, NW Roanoke, VA 24019 Delorso, Noah 207 Niday Drive Barboursville, WV 25504 Aheron, Thomas M. Aheron, Eva J. 8110 Webster Drive, NW Roanoke, VA 24019 Hunt, J.R. c/o Jane A. Hunt 6231 Hackberry Drive, No. A Hope Mills, NC 28348 Aheron, Eva J. 8110 Webster Drive, NW Roanoke, VA 24019 SAME AS LISTED ABOVE Simpson, Robert S. c/o Samuel G. Simpson 3239 Collingwood Street, NE Roanoke, VA 24012 Aheron, Eva J. 8110 Webster Drive, NW Roanoke, VA 24019 SAME AS LISTED ABOVE Garnett, Gerald L. 3215 Shenandoah Valley Ave., Roanoke, VA 24012 Shepherd, R. A. and Pauline P. O. Box 12194 Roanoke, VA 24022 Kitts, Allen D. and Brenda 4340 Highland Drive Roanoke, VA 24019 St. Clair, Arnold B. 1708 Wallace Avenue, NE Roanoke, VA 24012 SAME AS LISTED ABOVE SAME AS LISTED ABOVE 2 3221813 3221814 3221815 3221416 3221817 Whitlock, James Henr~ Route 2, Box 458-A Fayettesville, WV 25840 Simmons, Norris K. Executor 1922 W. Ruritan Road, Roanoke, VA 24012 NE Fuller, Gerald D. Route 1, Box 56-H New Castle, VA 24127 Mason, E. J. and Blanche J. 6803 Ardmore Drive, NW Hollins, VA 24019 Thompson, Roger Lee and Stella G. 3719 Cundiff Drive, NE Roanoke, VA 24012 ~'losures V~NTON 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 September 22, 1994 SANDRA H. EAKIN Deputy City Clerk File #51 David C. Helscher, Attorney Jolly, Place, Fralin and Prillaman P. O. Box 20487 Roanoke, Virginia 24018 Dear Mr. Helscher: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, October 10, 1994, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of your clients, Henry M. and Kimberly M. Caldwell and Ann S. Simmons and Janie Mary Harris, that a 1.717 acre tract of land located at the southerly right-of-way of Orange Avenue (Route 460) at the intersection of Orange Avenue and Walton Street, N. E., and bearing Official Tax Nos. 3221414 - 3221418, inclusive, and 3221735 - 3221741, inclusive; and an adjacent . 65 acre tract of land, more or less, bearing Official Tax Nos. 3221518, 3221519, 3221520, 3221521, 3221501 and 3221502, be rezoned from LM, HM and RM-1, Light Manufacturing, Heavy Manufacturing and Residential Multifamily, Low Density Districts, to C-2, General Commercial District, subject to certain conditions proffered by the petitioners. 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 Oct Enc. David C. Helscher September 22, ]994 Page 2 pc: Mr. and Mrs. Arnold St. Clair, 1708 Wallace Avenue, N. E., Roanoke, Virginia 24012 Mr. and Mrs. Kenneth Kiser, 3513 Willowrun Drive, N. E., Roanoke, Virginia 24012 Ms. Helen V. Bower, c/o Ms. Dana Rygas, p. O. Box 796, Pulaski, Virginia 24301 Blue Stone Block, Inc., 1510 Wallace Avenue, N. E., Roanoke, Virginia 24012 Mr. Thomas M. Aheron, 1919 Electric Road. S. W . Roanoke, Virginia 24.018 Mr. and Mrs Thomas Aheron, 8110 Webster'Drive/N. W., Roanoke, Virgunia 24019 Mr. Noah Delorso, 207 Niday Drive, Barboursville, West Virginia 25504 Mr. J. R. Hunt, c/o Ms. Jane A. Hunt, 6231 Hackberry Drive, Apartment A, Hope Mills, North Carolina 28348 Mr. Robert S. Simpson, c/o Mr. Samuel G. Simpson, 3239 Collingwood Street, N. E., Roanoke, Virginia 24012 Mr. Gerald L. Garnett, 3215 Shenandoah Valley Avenue, N. E. Roanoke, Virginia 24012 , Mr. and Mrs. R. A. Shepherd, p. O. Box 12194, Roanoke, Virginia 24022 Mr. and Mrs. Allen D. Kitts, 643 Ridgecrest Drive, Roanoke, Virginia 24019 Mr. James H. Whitlock, Route 2, Box 458-A, Fayettesville, West Virginia 25840 Norris K. Simmons, Executor, 1922 W. Ruritan Road, N. E., Roanoke, Virginia 24012 Mr. Gerald D. Fuller, Route 1, Box 56-H, New Castle, Virginia 24127 Mr. and Mrs. Roger Thompson, 3719 Cundfff Drive, N. E. Roanoke, Virginia 24012 , ~9a~EK~ Tt~ES & WOELE-~Ex$ AD NUMBER - 92303103 PUBLISHER'S FEE - $137o80 OAVID C HELSCHER 3912 ELECTRIC RD P 0 BOX 20487 ROANOKE VA 24018 STATE OF VIRGINIA CITY OF ROANQKE AFFIDAVIT (DF PUBLICATION I, (THE UNDERSI{$NED) AN AUTHORIZED REPRESENTATIVE OF TriE TIMES-WORLD COR- PORATION, WHICH CORPORATION IS PUBLISHER OF THE ROANOKE TIMES & WORLD-NEWS, A DAILY NEWSPAPER PUBLISHED IN ROANOKE, IN THE STATE OF VIRGINIA, DO CERTIFY THAT THE ANNEXED NOTICF ~AS PUGLISHED IN SAID NEWSPAPERS [~N THE FOLLOWING DATES 09/23/94 MORNING 09/30/9~ MORNING ~IINFSS, THIS I S~)~OBER 1~94 AUTHORIZED SIGNATURE propem~, 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, October 10, 1994, at 7:00 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, HM, Heavy Manufacturing District, and RM-1, Residential Multifamily, Low Density District, to C-2, General Commercial District, the following property: A 1.717-acre tract of land located at the southerly right-of-way of Orange Avenue (Route 460) at its intersection of Orange Avenue and Walton Street, N.E., and bearing Official Tax Nos. 3221414 through 3221418, inclusive, and 3221735 through 3221741, inclusive; and an adjacent .65-acre tract of land, more or less, bearing Official Tax Nos. 3221518, 3221519, 3221520, 3221521, 3221501 and 3221502, 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 ~ day of September , 1994. Mary F. Parker, City Clerk. Publish in the Roanoke Times arid World-News, once on Friday, September 23, 1994, and once on Friday, September 30, 1994. Send publisher's affidavit to: Send bill to: Mary F. Parker, City Clerk Room 456, Municipal Buiiding 215 Church Avenue, S. W. Roarioke, Virginia 24011-1536 David C. Helscher, Attorney Jolly, Place, Fralin and Prillaman P. O. Box 20487 Roanoke, Virginia 24018 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 September 21, 1994 File #51 Charles A. Price, Jr., Chair 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 third amended petition from David C. Helscher, Attorney, representing Henry M. and Kimberly M. Caldwell and Ann S. Simmons and Janie Mary Harris, requesting that a tract of land located along the southerly right- of-way of Orange Avenue at its intersection with Walton Street, N. E., described as Lots 14 - 18, inclusive, Block 18, Lots 47 - 53, inclusive, Block 14, and Lots 1, 2, 18, 19, 20 and 21, Block 19, Jackson Park Subdivision, be rezoned from LM, HM and RM-1, Light Manufacturing, Heavy Manufacturing and Residential Multifamily, Low Density Districts, to C-2, General Commercial District, subject to certain conditions proffered by the petitioners. Sincerely, ~ Mary F. Parker, CMC/AAE City Clerk MFP: sm r / cornerstones Enc. pc: The Honorable Mayor and Members of the Roanoke City Council David C. Helscher, Attorney, Jolly, Place, Fralin and Prillaman, P. O. Box 20487, Roanoke, Virginia 24018 John R. Marlles, Agent, City Planning Commission Evelyn D. Dorsey, Acting Zoning Administrator Ronald H. Miller, Building Commissioner Steven J. Talevi, Assistant City Attorney IN RE: IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA Rezoning of a tract of land lying in the City of Roanoke described as Lots 14, 15, 16, 17, and 18, Block 18; Lots 47, 48, 49, 50, 51, 52, and 53, Block 14; and Lots 1, 2, 18, 19, 20 and 21, Block 19, Jackson Park subdivision. THIRD AMENDED PETITION TO THE HONORABLE MAY AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioners, Henry M. and Kimberly M. Caldwell, have contracted to purchase land in the City of Roanoke containing 1.717 acres, more or less, located along the southerly right of way of Orange Avenue (Route 460) at its intersection with Walton Street (Undeveloped), Tax Map Numbers: 3221414 through 3221418, inclusive, and 3221735 through 3221741, inclusive. A copy of said contract is attached hereto as Exhibit "A." The Petitioners, Ann S. Simmons and Janie Mary Harris, own land adjacent to said property, described as Tax Map Numbers 3221518; and 3221519, 3221520, 3221521, 3221501 and 3221502 respectively, containing a total of approximately .65 acre, more or less. A map of the property to be rezoned is attached hereto as Exhibit "B." Pursuant to § 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioners, Henry M. and Kimberly M. Caldwell, request that the said property be rezoned from LM/HM to C2 District, subject to certain conditions set forth below, for the purpose of constructing a SONIC Drive-In restaurant on a portion of the property, with the balance of the land to be held for commercial development consistent with the drive-in restaurant. Petitioners, Ann S. Simmons and Janie Mary Harris, join in this request to rezone their property from LM to C-2, and in the case of Ms. Harris from LM and RM-1 to C-2. The Petitioners believe the rezoning of the said tract of land will further the intent and purposes of the City Zoning Ordinance and its comprehensive plan in that it will allow Petitioners to make the highest and best use of this site for commercial use which ts consistent with the development activity that has taken place along Orange Avenue in recent years. The Petitioners, Henry M. and Kimberly M. Caldwell, hereby proffer and agree that if said tract is rezoned as requested that the rezoning will be subject to and the Petitioners will abide by the following conditions: (1) The property will be developed in substantial conformity with the site plan prepared by Petitioners dated August 11, 1994, a copy of which is attached to the Petition for rezoning as Exhibit "C" subject to any changes required by the City during site plan review. (2) The property shown on the site plan and more particularly known as Tax Map Nos. 3221418, 3221417, 3221738, 3221739, 3221740, and 3221741 will be used as a fast food restaurant, and the balance of the property owned by Caldwell being Tax Map Nos. 3221414, 3221415, 3221416, 3221735, 3221736, and 3221737 would be used for commercial development compatible with said fast food restaurant. (3) If no building permit has been issued and no construction commenced within three (3) years from the date of final zoning approval, the zoning shall revert to LM, HM and RM-1 as it is currently designated without further action by City Council. (4) All other properties that are the subject of this Petition, other than those identified in paragraph (2), will be used for general retail establishments primarily engaged in the retail sale or rental of merchandise, goods, or products, including the incidental repair and assembly of merchandise, goods, or products sold on the premises (excluding automobiles, trucks or construction equipment). (5) Petitioners agree that the signage that will be used for the fast food location will be limited to one (1) free-standing sign, as shown on the site plan, and signage attached to the building. No signage will be placed on the hill that runs across the rear of lots at Tax Map Nos. 3221735 through 3221741. Attached as Exhibit "D" are the names, addresses and tax numbers of the owners of all the lots of property i~ediately adjacent or immediately across a street or road from the property to be rezoned. WHEREFORE, the Petitioners request that the above-described tracts be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. 3 Respectfully submitted this ILg- day of September, 1994. HENRY M. CALDWELL and KIMBERLY M. CALDWELL David C. Helscher Alton B. Prillaman JOLLY, PLACE, FRALIN & PRILLAMAN, P.C. 3912 Electric Road, SW P. O. Box 20487 Roanoke, VA 24018 (703) 989-0000 Counsel for Petitioners NOTE: See original Petition and Amended Petition for Exhibits and Joint Petitioners' or their agent's signatures. 4 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 September 12, 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 David C. Helscher, Attorney, representing Henry M. and Kimberly M. Caidwell and Ann S. Simmons and Janie Mary Harris, requesting that a tract of land located along the southerly right- of-way of Orange Avenue at its intersection with Walton Street, N. E., described as Lots 14 - 18, inclusive, Block 18, Lots 47 - 53, inclusive, Block 14, and Lots 1, 2, 18, 19, 20 and 21, Block 19, Jackson Park Subdivision, be rezoned from LM, HM and RM-1, Light Manufacturing, Heavy Manufacturing and Residential Multifamily Low Density Districts, to C-2, Generai Commercial District, subject to certain conditions proffered by the petitioners. f'~'~'Sincerely' Mary'F. Parker, CMC/AAE City Clerk MFP: sm cornerstones Enc. pc: The Honorable Mayor and Members of the Roanoke City Council David C. Helscher, Attorney, Jolly, Place, FraHn and Prillaman, P. O. Box 20487, Roanoke, Virginia 24018 John R. Marlles, Agent, City Planning Commission Evelyn D. Dorsey, Acting Zoning Administrator Ronald H. Miller, Building Commissioner Steven J. Taievi, Assistant City Attorney IN RE: IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA Rezoning of a tract of land lying in the City of Roanoke described as Lots 14, 15, 16, 17, and 18, Block 18; Lots 47, 48, 49, 50, 51, 52, and 53, Block 14; and Lots 1, 2, 18, 19, 20 and 21, Block 19, Jackson Park subdivision. SECOND AMENDED PETITION TO THE HONORABLE MAY AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioners, Henry M. and Kimberly M. Caldwell, have contracted to purchase land in the City of Roanoke containing 1.717 acres, more or less, located along the southerly right of way of Orange Avenue (Route 460) at its intersection with Walton Street (Undeveloped), Tax Map Numbers: 3221414 through 3221418, inclusive, and 3221735 through 3221741, inclusive. A copy of said contract is attached hereto as Exhibit "A." The Petitioners, Ann S. Simmons and Janie Mary Harris, own land adjacent to said property, described as Tax Map Numbers 3221518; and 3221519, 3221520, 3221521, 3221501 and 3221502 respectively, containing a total of approximately .65 acre, more or less. A map of the property to be rezoned is attached hereto as Exhibit "B." Pursuant to § 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioners, Henry M. and Kimberly M. Caldwell, request that the said property be rezoned from LM/HM to C2 District, subject to certain conditions set forth below, for the purpose of constructing a SONIC Drive-In restaurant on a portion of the property, with the balance of the land to be held for commercial development consistent with the drive-in restaurant. Petitioners, Ann S. Simmons and Janie Mary Harris, Join in this request to rezone their property from LM to C-2, and in the case of Ms. Harris from LM and RM-1 to C-2. The Petitioners believe the rezoning of the said tract of land will further the intent and purposes of the City Zoning Ordinance and its comprehensive plan in that it will allow Petitioners to make the highest and best use of this site for commercial use which is consistent with the development activity that has taken place along Orange Avenue in recent years. The Petitioners, Henry M. and Kimberly M. Caldwell, hereby proffer and agree that if said tract is rezoned as requested that the rezoning will be subject to and the Petitioners will abide by the following conditions: (1) The property will be developed in substantial conformity with the site plan prepared by Petitioners dated August 11, 1994, a copy of which is attached to the Petition for rezoning as Exhibit "C" subject to any changes required by the City during site plan review. (2) The property shown on the site plan and more particularly known as Tax Map Nos. 3221418, 3221417, 3221738, 3221739, 3221740, and 3221741 will be used as a fast food drive-in restaurant, and the balance of the property owned by Caldwell being Tax Map Nos. 3221414, 3221415, 3221416, 3221735, 3221736, and 3221737 would be used for commercial development compatible with said fast food restaurant. 2 (3) If no building permit has been issued and no construction commenced within three (3) years from the date of final zoning approval, the zoning shall revert to LM, HM and RM-1 as it is currently designated without further action by City Council. (4) All other properties that are the subject of this Petition, other than those identified in paragraph (2), will be used for general retail establishments primarily engaged in the retail sale or rental of merchandise, goods, or products, including the incidental repair and assembly of merchandise, goods, or products sold on the premises (excluding automobiles, trucks or construction equipment). (5) Petitioners agree that the signage that will be used for the fast food location will be limited to one (1) free-standing sign, as shown on the site plan, and signage attached to the building. No signage will be placed on the hill that runs across the rear of lots at Tax Map Nos. 3221735 through 3221741. Attached as Exhibit "D" are the names, addresses and tax numbers of the owners of all the lots of property immediately adjacent or immediately across a street or road from the property to be rezoned. WHEREFORE, the Petitioners request that the above-described tracts be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. 3 Respectfully submitted this I~ '--day of September, 1994. HENRY M. CALDWELL and KIMBERLY M. CALDWELL By: c ~ Of Counsel David C. Helscher Alton B. Prillaman JOLLY, PLACE, FRALIN & 3912 Electric Road, SW P. O. Box 20487 Roanoke, VA 24018 (703) 989-0000 PRILLAMAN, P.C. Counsel for Petitioners NOTE: See original Petition and Amended Petition for Exhibits and Joint Petitioners' or their agent's signatures. NOTICE OF PUBLIC HEARING BEFORfi!'~i~IE ROANOKE CITY PLANNING COMMISSION TO WHOM IT MAY CONCERN: The Roanoke City Planning Commission will hold a public heating on Wednesday, September 7, 1994, at 1:30 p.m. or as soon 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 Henry and Kimbefly Caldwell, represented by David C. Helscher, attorney, and Ann S. Simmons and Janie Mary Harris, that property located along Orange Avenue, N.E., bearing Official Tax Nos. 3221414 through 3221418, inclusive, and 3221518 through 3221521, inclusive; currently zoned LM, Light Manufacturing District; property located along the vacated portion of Purcell Avenue, N.E., bearing Official Tax Nos. 3221735 through 3221741, inclusive, currently zoned HM, Heavy Manufacturing District, and property located along Purcell Avenue, N.E., bearing Official Tax Nos. 3221501 and 3221502, currently zoned RM-i, Residential Mulfifamily, Low Density District; be rezoned to C-2, General Commercial District, such rezoning to be subject to certain, conditions proffered by the petitioner. A copy of said application is available for review in the Department of Planning and Community Development, Room 162, Municipal Building. All parties in interest and citizens may appear on the above date and be heard on the matter. Manha P. Franklin, Secretary Roanoke City Planning Commission Please print in newspaper on Tuesday, August 23, 1994 and Tuesday, August 30, 1994. Please bill: David C. Helscher Jolly, Place, Fralin & Prillaman, PC 3912 Electric Road, SW Roanoke, VA 24018 989-0000 Please send affidavit of publication to: Department of Planning and Community Development 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) 981-2541 SANDRA H. EAKIN Deputy City Clerk August 18, 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 David C. Helscher, Attorney, representing Henry M. and Kimberly M. Caldwell, and Ann S. Simmons and Janie Mary Harris, requesting that a tract of land located along the southerly right-of-way of Orange Avenue at its intersection with Walton Street, N. E., described as Lots 14 - 18, inclusive, Block 18; Lots 47 - 53, inclusive, Block 14; and Lots 1, 2, 18, 19, 20 and 21, Block 19, Jackson Park Subdivision, be rezoned from LM/HM, Light Manufacturing and Heavy Manufacturing Districts, to C-2, General Commercial District, subject to certain conditions proffered by the petitioners. Sincerely, ~~ Mary F. Parker, CMC/AAE City Clerk MFP: sm cornerstones Ene. po: The Honorable Mayor and Members of the Roanoke City Council David C. Helseher, Attorney, Jolly, Place, Fralin and Prillaman, P. O. Box 20487, Roanoke, Virginia 24018 John R. Marllee, Agent, City Planning Commission Evelyn D. Doraey, Acting Zoning Administrator Ronald H. Miller, Building Commissioner Steven J. Talevi, Assistant City Attorney IN RE: IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA '94 , ::! Rezoning of a tract of land lying in the City of Roanoke described as Lots 14, 15, 16, 17, and 18, Block 18; Lots 47, 48, 49, 50, 51, 52, and 53, Block 14; and Lots 1, 2, 18, 19, 20 and 21, Block 19, Jackson Park subdivision. AMENDED PETITION TO THE HONOP. ABLE MAY AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioners, Henry M. and Kimberly M. Caldwell, have contracted to purchase land in the City of Roanoke containing 1.717 acres, more or less, located along the southerly right of way of Orange Avenue (Route 460) at its intersection with Walton Street (Undeveloped), Tax Map Numbers: 3221414 through 3221418, inclusive, and 3221735 through 3221741, inclusive. A copy of said contract is attached hereto as Exhibit "A." The Petitioners, Ann S. Simmons and Janie Mary Harris, own land adjacent to said property, described as Tax Map Numbers 3221518; and 3221519, 3221520, 3221521, 3221501 and 3221502 respectively, containing a total of approximately .65 acre, more or less. A map of the property to be rezoned is attached hereto as Exhibit "B." Pursuant to § 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioners, Henry M. and Kimberly M. Caldwell, request that the said property be rezoned from LM/HM to C2 District, subject to certain conditions set forth below, for the purpose of constructing a SONIC Drive-In restaurant on a portion of the property, with the balance of the land to be held for commercial development consistent with the drive-in restaurant. Petitioners, Ann S. Simmons and Janie Mary Harris, join in this request to rezone their property from LM to C-2, and in the case of Ms. Harris from LM and RM-1 to C-2. The Petitioners believe the rezoning of the said tract of land will further the intent and purposes of the City Zoning Ordinance and its comprehensive plan in that it will allow Petitioners to make the highest and best use of this site for commercial use which is consistent with the development activity that has taken place along Orange Avenue in recent years. The Petitioners, Henry M. and Kimberly Mi Caldwell, hereby proffer and agree that if said tract is rezoned as requested that the rezoning will be subject the following conditions: conformity August 11, to and the Petitioners will abide by (1) The property will be developed in substantial with the site plan prepared by Petitioners dated 1994, a copy of which is attached to the Petition for rezoning as Exhibit "C" subject to any changes required by the City during site plan review. (2) If no building permit has been issued and no construction commenced within three (3) years from the date of final zoning approval, the zoning shall revert to LM, HM and RM-1 as it is currently designated without further action by City Council. Attached as Exhibit "D" are the names, addresses and tax numbers of the owners of all the lots of property immediately adjacent or immediately across a street or road from the property to be rezoned. 2 WHEREFORE, the Petitioners request that the above-described tracts be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this I~ day of August, 1994. HENRY M. CALDWELL and KIMBERLY M. CALDWELL Of Counsel David C. Helscher Alton B. Prillaman JOLLY, PLACE, FRALIN & PRILLAMAN, P.C. 3912 Electric Road, SW P. O. Box 20487 Roanoke, VA 24018 (703) 989-0000 Counsel for Petitioners NOTE: Joint Petitioners' or their agent's signatures attached hereto. TO WHOM IT MAY CONCERN I am the owner of Roanoke City Tax Parcels #3221519-21~ I wish to join in the petition of Henry Caldwell to re-zone tax parcels # 3221414-18 and # 3221735-41 from the current LM and zoning to C-2 zoning. I believe this is correct now and for the future as this corridor is commercial not manufacturing in use. J~ le Mary Harris b103 Plantation Circle , N.W. Roanoke , Va. 24012 Date STATE OF VIRGINIA COUNTY OF ROANOKE The foregoing instrument was acknowledged before me this day August 11, 1994 by Janie Mary Harris. My commission expires: NOTARY PUBLIC 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 August 17, 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 David C. Helscher, Attorney, representing Commonwealth Cornerstones, Inc., and Ann S. Simmons and Janie Mary Harris, requesting that a tract of land located along the southerly right-of-way of Orange Avenue at its intersection with Walton Street, N. E., described as Lots 14 - 18, inclusive, Block 18; Lots 47 - 53, inclusive, Block 14; and Lots 1, 2, 18, 19, 20 and 21, Block 19, Jackson Park Subdivision, be rezoned from LM/HM, Light Manufacturing and Heavy Manufacturing Districts, to C-2, General Commercial District, subject to certain conditions proffered by the petitioners. Sincerely, Mary City Clerk MFP: sm r/cornerstones Eno. pc~ The Honorable Mayor and Members of the Roanoke City Council David C. Helscher, Attorney, Jolly, Place, FraLin and Prillaman, P. O. Box 20487, Roanoke, Virginia 24018 John R. Marlles, Agent, City Planning Commission Evelyn D. Dorsey, Acting Zoning Administrator Ronald H. Miller, Building Commissioner Steven J. Taievi, Assistant City Attorney IN RE: IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGinIA Rezoning of a tract of land lying in the City of Roanoke described as Lots 14, 15, 16, 17, and 18, Block 18; Lots 47, 48, 49, 50, 51, 52, and 53, Block 14; and Lots 1, 2, 18, 19, 20 and 21, Block 19, Jackson Park subdivision. TO THE HONORABLE MAY AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, Commonwealth Cornerstones, Inc., has contracted to purchase land in the City of Roanoke containing 1.717 acres, more or less, located along the southerly right of way of Orange Avenue (Route 460) at its intersection with Walton Street {Undeveloped), Tax Map Numbers: 3221414 through 3221418, inclusive, and 3221735 through 3221741, attached hereto as Exhibit and Janie Mary Harris, own inclusive. A copy of said contract is "A." The Petitioners, Ann S. Simmons land along this same area at Tax Map Numbers 3221518; and 3221519, 3221520, 3221521, 3221501 and 3221502 respectively, containing a total of approximately .65 acre, more or less. A map of the property to be rezoned is attached hereto as Exhibit "B." Pursuant to § 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioner, Commonwealth Cornerstones, Inc., requests that the said property be rezoned from LM/HM to C2 District, subject to certain conditions set forth below, for the purpose of constructing a SONIC Drive-In restaurant on a portion of the property. The balance of the land will be held for commercial development consistent with the drive-in restaurant. The Petitioners believe the rezoning of the said tract of land will further the intent and purposes of the City Zoning Ordinance and its comprehensive plan in that it will allow Petitioners to make the highest and best use of this site for commercial use which is consistent with the development activity that has taken place along Orange Avenue in recent years. The Petitioner, Commonwealth Cornerstones, Inc., hereby proffers and agrees that if said tract is rezoned as requested that the rezoning will be subject to and the Petitioner will abide by the following conditions: (1) The property will be developed in substantial conformity with the site plan prepared by Petitioner dated August 11, 1994, a copy of which is attached to the Petition for rezoning as Exhibit "C" subject to any changes required by the City during site plan review. (2) If no building permit has been issued and no construction commenced within three (3) years from the date of final zoning approval, the zoning shall revert to LM and HM as it is currently designated without further action by City Council. Attached as Exhibit "D" are the names, addresses and tax numbers of the owners of all the lots of property immediately adjacent or immediately across a street or road from the property to be rezoned. WHEREFORE, the Petitioners request that the above-described tracts be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. 2 Respectfully submitted this ~__ day of August, 1994. COMMONWEALTH CORNERSTONES, INC. Of Counsel David C. Helscher Alton B. Prillaman JOLLY, PLACE, FRALIN & PRILLA24AN, 3912 Electric Road, SW P. O. Box 20487 Roanoke, VA 24018 (703) 989-0000 PoC. Counsel for Commonwealth Cornerstones, Inc. NOTE: Joint Petitioners' or their agent's signatures attached hereto. TO WHOM IT MAY CONCERN I wish to parcels # zoning to future as am the owner of Roanoke City Tax Parcel # 3221518 . I join in the petition of Henry Caldwell to re-zone tax 3221414-18 and # 3221735-41 from the current LM and HM C-2 zoning. I believe this is correct now and for the this corridor is commercial not manufacturing in use. 3106 F~rest Hill Avenue , N.W. Roanoke , Va. 24012 STATE OF VIRGINIA COUNTY OF ROANOKE The foregoing instrument was acknowledged before me this day August 17, 1994~by Charles R. Allen, Jr., Attorney-in-Fact for Ann K. Simmons. My commission expires: [~/"-~0~.7 NOTARY PUBLIC TO WHOM IT MAY CONCERN I am the owner of Roanoke City Tax Parcels #3221519-21 wish to join in the pe~tion of Henry Caldwell to re-zone tax parcels # 3221414-18 and # 3221735-41 from the current LM and HM zoning to C-2 zoning. I believe this is correct now and for the future as this corridor is commercial not manufacturing in use. M~ry {~3 Plantation Circle , N.W. Roanoke , Va. 24012 Date STATE OF VIRGINIA cOUNTY OF ROANOKE The foregoing instrument was acknowledged before me this day August 11, 1994 by Janie Mary Harris. My commission expires:~!~ NOTARY PUBLIC This agreement of Sale is made as of June 15 19 94 between Edward J.and Blanche J. Mason whos~addressis 6803 Ardmore Drive N.E. Roanoke , Va. 24019 owner of record of the Property sold herein (thc "Seller," whether one or more) Henry M.and Kimberly M. Caldwell ~ or assigns in which they are principals who~ad~i$ 2802 Crystal Spring Avenue S.W. Roanoke, Va. 26014 (the "Purchaser," whether one or more): and LUNSFORD REALTY & INVESTMENT, INC., the SeUing Broker. 1. REAL PROPERTY, Purchaser agrma to buy and sell the [and and all improveme~ ~ thereon and appurtenanc~ thereto and, if hoc fxonting on a pun ic road, a recorded and moecgageable right of way ~rovidmg adequate access thereto (the "Property"), located in the ~ City of Roanoke __, Vixgin~, and desca'ibed as: S~Add~a UNASSIGNED AT PRF~RW. NT LegalDe~crip~ion as per list attached as addendum #2 + #3 2. PERSONAL PROPERTY. The following p~onal property i. included in rh~ ~ale: N,~+ npp~ 4 ~,o~,~ ~ 3. PURCHASEPRlCE. The purchaae price is t%n~ M~nd~d ~"l~r,= q~m,,~m~A s~nd ~n,/lt%n Dollam ($ _. I f)~ · ,")n~ Ol~ , payable aa follow~: ' - (a)$ ~. , 0OO. O0 ~lm~t mon~, by ,'~h ~ o 16) ~ be held in ~c.r~ by the Selling l~.oker un cji Semlement rand then ~lted to Purcha~r, or un~l thi~ Agreement is term mated and it is disbursed in accordance with Par~,mph A of thc Srand~rd Provisions or (ii) pmmi~o~ no,eof Purchaser pawble on _,19 , and held bY the Selling Broker is acc. ordance with (i) above. (b) $. (approxm~tely) b~ a~sumpcion of the ~npaid principal bmlance and all oblig~tio~ of Seller on thc existing loan s~ured ~ a deed of trust (c)$ $90.000.00 [approxinmrel¥ffh:~nbeinga~sumedin(b)]bydef~rredpurchasemoneyfinancing of Selier~uredb~a( X) finr~( )r-hirdd~:lof~x~stontheProperty, bemr~ngintere~tatthemteof 8 %p~ryear, amortized over tan yean, payablein monthly insmllraenn of $']09'1o95 ,withafmalpayment MA y~mrsaf~erSe~lemenr~ AL~r~paymentfeeof5%willbe char. g~d. on any insmllment not received within ? calend~r d~,s of i~ due date~ Thc debt may be prepaid in whole or in part without pana[~ a d~f~ult on the su~thnate deed of ~'us r~ Trusr~e~ shall be ~lected by the Seller. The note shall be nego6able ira~ument and the form (d) $ and c~nmn t of ~e no~e and d~d of ~a~e shall Se r~a~o~nably accep~ble to Seller or his attorney. bY the I~°:e~d* of a l~n ~ur~d f~°m an instimti°n °r °ther third'partT, ~:un'-d by a ( ) first, ( ) s~ond deed of trust on the b,:~ring intm'~c ( } at a from m~ not ex~ing % ~r ~r ~ ( ) at an ndjusmble rote with an ~kml ~[e nor ~ % ~r year; and ~u[~g not mo~ ~m a total ~ I~n ~m, whe~ ~t~at~ di~unt $ $~ O~ t 000. O0 ~ ~RC~SE PRICE [ ~e ~1 ~ ~,b,~d, ~d ~ ~, (~ applimble)]. .... ~SE S~ ADD~ONAL ~N~CING ~ D~RIBED IN PA~G~PH 6 B~OW ..... 4.8~IU~A~PO~SION. ~m~tshall~ent A~%o~e~,s offioe m o~ before Sep%.~5 19~ %o be de~e~ned 5. R~L ~TA~ CO~S~ON. ~ller ~ ~ ~y n r~l mmm ~m~ion ~ p~iously a~ and hem~ ~c~ ~e ~=le~nt n~nt to deduct ~e ~me ~ ~e~of~e~leand d~b~$ 5000. O0 t°L~s~d Rml~ & lnvmt~nt, Inc.,ss ~lling ~oker and $ n.~. 6. O~ER TE~S A~ CONDI~ONS. ~rc~r s obi &mt ~ under ~m A~t ~ sub/~t to Purc~r's o~m,ng ~ written ~mm*tment for ~e loan h~ ~n ~i~, ~ ~e ~rtim will p~ under ~is A~eemmc If Parfait notifim ~ller by ~at date ~at all appli~tinm for fi~nc~ ~ve fidM and ~at ch~ ~ditinn ~s no~ ~ ~iv~, ~en ~ A~mment shall stand cermina~ as of t~r dna, nnd ~e ~mmc m~ey ~it shall ~ereu~n ~ ~ ~ Purc~r. If P~h~ fiih m n~ ~ler ~ said ~m, ~ ~e ~ of l~n appr~al s~ll ~ aut~tJ~lly ex~nd~ ~1~ and until ~lier te~matm ~is A~menr ~ wn=en of m~ma~ m P~. P~ ~owlM~ ~t this ~ilure m ~e t~ely nppli~on ~r f~nc~ or to pu~ue wi~ dili~ m~ appli~tion ~de thai[ ~ a d~uk h~n~. 7. $TA~ARD PRO~SIONS ON RE~SE PAG~ A~t of ~e Smn~rd Pmv~inm on ~e m~ ~ ~ ~mt~ ~ m~m~ and s~ll apply m ~ {~). J~e ~Ot ~99k ,1~. lfn~eptedwithm~t~e~llerbydeliveu~n,~c~isA~mentmPu~n~ or ~l~ ~ Inv~m~ ln~ ~ n~mmt ~ role ~alI ~me nuli and ~id. ADD~DUM A~&CHE~ No Ym~) Seller A~p~ ~is A~men~ ~w~d J. ~son e~ Caldwell Bl~che J. ~son Kimberly ~Caldwell n~e~°wi~sr~5~h, --~ m~ey de~,~ he,*,n ~ ~,~ ~h, ~ No~* L=sford R.aZty & Investment ~' /~~' ~~ingAgen[ By Read A. L=sfo~d STANDARD PROVISIONS A. EAI}'NEST MONEY' The entire money depostr paid to the Selling B~oker shall be deposited in an escrow tzust fund that complies with Section 18C~'Title 38, U.S. c~e, until ~is Agr~ment is co~ummared ~ terminate. In ~e event thg ~a~tion b not ~nsummat~, the par~ holding the delft shall keep ~e entire de.it mmct until all part*es to th~ tmmction ~ve a~d in writing as to its d~sp~ri~, or until a court o(competen~ jur~icdon shall ~der such disb~ment. When the de.att is paid to ~e Seller, the Selling Broker ~ r~]io..~ o(~ll ~'~bfllw relative to said de~ir. If either Seller or P~c~ser defaul~ under this Agreement, such defaultmg par~ shall ~ liable any ex~s ~curred ~ t~ nondefaulting par~, including reachable attomey'~ f~ in connection wtt~ t~m ~ansacdon aaa enforcement of the Ag~ement~anypar~. Al~,ifPurch~erdefaut~underthisAgreement anyde~itmade~ePurchasershal[~app edtoa ex en~s {ncu~ by ~e ~lling Broker ~ conn~tion with this transaction and tow~ds the ~l[mg Broker's toss,sion due under th~ Agreement~haser ~rther a~em, ff it ~ ~e default~g par~, in addition to standard ~neact remedies and damages, to ~ rmpo~ible for all reasonable expensm incurred by ~ller in prmerving the proper~ and attempting to resell it. In addition to the ~medies ptovid~ in this paragraph, the ~lling Broker may prevail i~of any le~l ~ equitable ri~ and remedies which he may have under th~ A~eement. ~e Selli~ Brier is not respo~ible for the ~[lection of my note or &~k referenc~ in p~a~aph 3 a~ve. B. E~ENS~ A~ PRORATIONS. Seller agrees to pay the ex.mm of prepari~ the deed, the Form 1099 certificate, if applicable, and · e red'atica mx applicable to grant.s. ~cep~ as otherwise a~d here~, all o~er expemm incurred by Purcha~r in ~nnect ion with th~ purchase, ~clud~g, wi~out limitation, title exami~tion, insurance premium, s~ey cms, r~o~ing cm~, loan d~ument preparation c~ and f~s of Purch~er's aa~ney, shall ~ ~ne by Pur~r. All taxes, aa~menm, mter~t, rent ~d m~tgage imuran~, if any, ~ll ~ prorat~ ~ of~ttlement. If~e pro~rw g 1~ at the time of Se~lement, all leases and s~uriw ~p~i~ shall ~ tramferred to Pur~a~r by ~ller and Seller shall deliver a tenant ~t~l ce~fficate si~ed ~ each ~nant certi~g the m ateria[ ~er~ ofea~ te~nt's Ieee md stating ~at ~e tenant's lea~ is in eff~t, that the Seller h~ n~ de~ult~ ~der such lea~ and ~at any and ail prepaid rent will ~ pro~M at time of cl~ing (o~er tMn ren~ paid in advan~ for the month ~ whi~ ~ttlement ~un). C. ~ At ~ttlement, Seller shall convey to Purcha~r g~ and m~kef~ble ~ simple title to ~e pro~ ~ deed of general wa~anw ~rain~g E~lish ~venm~ o~ ~tle, ~e of all liens, de fee=, lea~, tenancies, and encumbmncm, except ~ o~he~e ~dicated herein, and subject only to su~ r~tfictiom and e~emen~ as shall then ~ of record whi~ ~ not ma~riall~ aff~t ~e u~ of ~e Proper~ or render ~e ride unmarketable· ifa defect ~ fca nd which cm ~ ~m~iM by legal act ion within a re~a bls ~ me, ~ller sba14 at Seller's expeme, promptly take such action as is ne~ua~ to cu~ t~ defect. If~ller, acri~ in g~ ~ith, a ~nable to have su~ defect co~ted within 30 days aher nod~ of such defect m given to Seller, then ~ ~eement may ~ term~ated ~ ~r~a~r. Purchaser may extend the date f~ Settlement to the extent ~cmsaW for Seller to ~mply with th~ p~ph. D. ROLL BACK T~. In ~e event the Properw ~ t~M ~der s~ial land-u~ a~ment aM will cease to ~ eli ibis for s cial land- u~ ~ment due to th~ ~[e or due to a ch~e, or pro~sed ch~e, m ~ ~ s~cifiM in ~is Agr~ment, ~ller shall pay all r~l-back ta~ a~d a~c t~ Pm~. Roll-~ck t~ whi~ ~ome due after settlement ~cep~ m ~t f~ a~e, sMIl ~ prepaid ~ ~e Pure.set. ~e provisiom of ~ pam~ph shall su~i~ ~ttlemenr and &live~ of the deed. ~ RISK OF LO~' AR ~k cf 1~ °r damage ~o the'Pro~ ~ ~r~, win&tots, ~suaIw or o~er ca~e, or raking ~ eminent domain, g auumed ~ ~e ~ller ~t~ ~rtlement. In ~e event ofsuNtanrial Ires or damage m the Pr~er~ (incl~i~ a taking by eminent domain) ~fore ~tdement, Pu~er s~ll have the opdon ~ither (i) te~inating this A~ment, ~ (ii) affkming this A~eement, in whi~ event geller sba 11 ~si~ to Purc~ser 11 of~ller ~ tghm ~der any appl cable ~ ~cy or po ~c es of ~urance and any con&mnati~ awards and pay over to Purcha~r any sums re. ired as a r~ult ~su~ 1~ or ~ge. F. EQU~ CO~I~ONS ~D INSPECTION. P~r a~em to at.pt the Pro~r~ at Settlement in i= prment physi~l ~dition, ex~ptasothe~Nepmvidedhereim Sellerwa~antstMtmya~plia~lgredinparagraph2,~eh~dnvandc~lin e ui men ~(~ciud~welland~ptic~s~e~,ifmy),el~=icsvs~emsmdr~/~ill~in~nr~i.o a ~ , ~- - ,g q p t, plumbing ~u~ ~ Furcnmer ma~ nave ~ elemen~ Impected, at Purc~ s ~me, provided such ~c~ om ~e crop et~ wi~in 20 da~ aker Seller si~ ~g ~r~ment, but in no event later ~hm 5 days prior to the date of~tdement s ci~M in · ~ller shall at ~[ler's ex~, vromDtlv re~a~ ofo~r~ g~ll ....... - , ~ ., ~a~aph 4. If.defec~ are found by such tmpecnom, .... __ .. _ _ . ~ the d ............. s.~ toexerct~ rea~ame ~ ~mna~ c~e m the maintenance a~ upkeep of the rro~r~ ~een me eats m:s A~ment is executed by Seller a~ Settlement or at P~a~r s ~cupancy, whi~ever ~u~ lint. Purcha~r and ~pr~mtivm shall~ve ~e right to ma~ a f~er inspection peri~ to ~r. ar Pur~a~r's expeme, for radon, as~stm, urea-lo.aldehyde or toxic w~te ~nmmi~tion and, gd~vemd, ~ller shall timely cure su~ &f~t U~ o&e~i~ a~e~ in writi~, up~ ~rdemem the Purcha~r shall ~ d~med to have ~pt~ the Pro~rw in "~ ~" ~ndidon. G. ~LA~SE~O'lf&e~o~isonwelland/orseptics~te~,~llera~esto~mbhPu~hamrwithace~i governmental auth~iw, or mutually ac~mble nrivate cnmnu.v :-a: .... t . ...... ~te horn ~ appropriate of ~e ~ptic ~stem. If either s~tem is fou~ defective, Seller s~ll rake immediam ste~ to repa~ all def~ at Seller's ex.me. L ~A~TS ~ ~R~OA~S. Seller shall deliver to Patchier an affidavit to the eff~t that no lair or ma~eria~ have ~en ~rn~ to t~ Pr~ wi~in &e statuto~ ~ri~ for the filingof m~m~' or mterialmen's lies agaimt ~e Proper~ or, dla~ or marshals have ~n ~mghed, that ~e cms ~ereofhave ~en paid. ~ller shall ako &liver at ~ttlement ~e certifiers r~u~M by S~tion ~45 (Form 1099) of the Internal Revenue ~e, ff applicable. ~ts agreement may be assi~ed' by ~chaser to Joe and/or ~ette ~' ~[~or Co~o~ealth 6orners$one. Inc~ w/O written consent of 'Seller ,otherwise .o ent sh 1 be re uired b ei~he a~ o ssi ' · is A~ement is a ~r~ration, ~rme~hip, ~m te or t ~ st, any ~non signing &N ~eement on ~ ~ of such par~ here ~ war~n m tha ~ the execution h~ ~ duly ~ MIS~LL~OUS. ~epa~imto~Agreementagree~atitshall~bmd~gu~n~emmdthe~res ctive e~ suc~ and ~; &at i~ provgiom shall ~ met-ed in-~ .u. ~_.~ ~ ,. . ...... ~ p hal repre~ntativm, pr~videdherein;~run~e~men~din~iti~itc~ntainsthe~na~a~eement~nthep~rdesheret~ andt~r~eysha not~und~anyter~, c~d t om, omi ~mtemenm, wa~mn~ or ~pre~n~a nons nor heres ~nta,~d; and ~at m shall ~ comtmed under the laws of the ~monweakh of V~g~. ~e w~& '~ller" md ~Purcha~r" as used in ~is A~ment ~ll mctu& ~e pl~al ~ well as ~e s~lar and &e ma~uline as well as the ~ AG~OY DIS~S~ Unless othe~ise disclmgd in wMring, all p~dm a~owledge ~at the S~lling Broker and the Lgdng Broker are · e agra= of ~ ~lter, nor the P~a~r. ~e Broken fiducia~ dudes of loyal~ a~ ~i~fulnms me ~ed to the Seller who is their principal. ~e Brakes a~ r~u~M ~ law ~d by t~ ~e of Ethi~ to treat the P~a~t ho~srly and ~irl~. N. ~RO~ INSPE~ONS. Purcha~r shall have t~ ri~r to ~ct the Proper~ for the prmence of radon, in extras env~nmental a~pmble leveh ~ ~r ou~ ~ ~e EPA, and for as~stm, u~a lo.aldehyde, ~lychlorin~:~ bipheny~ (PC~) and other toxic wastes. Unl~ ~he~ a~ in wrir~, all ~thme ~ctions shall ~ m~e ar Purch~er's ex.me md shall ~ completM within 30 da~ after Seller ~is ~ement, bur ~ no event later ~an 15 days prior to the date of Settlement s~cifiM in pamg~ph 4 If an im cdon indicat ~don ~ ex~ of ~A ~i~linm, ~ller s~ll have the o.t on to ;.~..lt....a .......... ' Y ~ m the pre~n~ of ' m, Seller shall have ~he opdon topm~rlyremove,ame. ~llermay~eto~rformanyremedialw~k ;--,-.k:~k --. ~ II~.. ~O ~mement and ~=~ve a prmpt tS~d of ~e earnest money de.it. ,~ WX76L ~i'~' ~ha~r may terminate th~ ' O. ~I~ONOFPROPER~. ~apurch~eryou~ve~erightto~cludeiny~r-~c~seoffera v' ' ~n ~t of ~ur ~oice to ~ct the pr~m and nrovide oou .......... t .... ~ ,, ps~ i, slon~o employ,~our ex~ st.~tuement ~ pm~cup~cy n~l walk ~gh" inspection of ~e pm~. Y right to conduct a IF YOU ~ ~ Q~ONS REO~DING ~E ROLES ~ RESPONSIBILI~ OF REALTORS$, OR ABOUT ANY O~R ~R~ONS OF ~IS CON~A~, PLEASE ~ NOT HESITA~ TO ASK FOR MORE I~ORMAT1ON. REALTOR VIRGINIA ASSOCIATION OF REALTORS ADDENDUM TO CONTRACT OF PURCHASE' ADDENDUM #1 OF ~i~ ATTACHED rh's AI)DENDUM, which is attached to and m.de, pt~rt ,fa C,i ntm ct ,ff Purchuue dated between E.J. MASON AND B.J. MASON and provldea: H.M. AND K.M. CALDWET.T, I"Purchaaer"l THESE ITEMS ARE CONSIDERED CONTTMCEM~T~ h~ ,~wL¢CONTRACT i 1. OTHER NOTES : (from pg. 2 ) Under no circumstances shall Purohaser be liablel.to selling broker for any amountincluding, but not limited to any oommfm~ion via ~hlm in exoess of said earnest money deposit. 2.SELLERS FINANCING : (B.) Shall provide for a partial release of the propert~ secured .by the 1st deed of trust in the event Purchaser sells or otherwise tr-n~*ers an~ portion of the orooertv. (C.) Shall provide for subordination of Seller~ 1~ ~ nf e~,=+ fnr oonstruction loan purposes. (D.) Shall provide for a straight 10 year nsyou~ as set forth above. ZONING: A.) Property must be re-zoned to a minimum of C-2 status for the express purpose (as approved by Sonic Industries, Inc.) of allowing the operation and carrying on of the business of a Sonic Drive-in restaurant. .~/ B.) Property must pass full site plan~and buildin$ permit pro~ce~s,~in ~,w~ ~, City of Roanoke guidel,ne$. 4. Construction/permanent loan : WITNESS the following duly authorized aignaturea and seals: ~/f) (SEPARATE ALI. COPIES BEFORE SI~NtI~ ~ ~ller ' ' ~ ~ Pu chair VIRGINIA ASSOCIATION OF REALTORS ADDENDUM TO CONTRACT OF PURCHASE' REALTOR 1st ADDENDUM , PAGE # 2 This AI)I)ENDUM, which ia attached to and re.de a part of a Contract of Purchase dated and provides: June 15, 1994 . ,:~ 4. Continued : ¢'Purcha~er% Purchaser must be able to obtain -~¢~n~n.y ~o°~ cc--itmentc in2 Purchasers sole determination) prior to settlement . 5. Outdoor Advertising : Sellers agree to have all outdoor advertisins billboard contr~otS terminated and all billboards removed within two weeks after written notification from Purchaser to Sellers that all contract contin~encJe~ have been .satisfied and removed. W~TNESS the following dui)' authorized signatures and (SEAL) L~eller Yr~ l ') · fo~\ Purchaser 2 3.22/'1'3/ ~ i I UNOEV 32~1~Z · 322 $22/2 '~ 3ZZI, EXHIBIT C EXIT In re: EXHIBIT D ADJOINING PROPERTY OWNER LIST Commonwealth Cornerstone, Inc. Request for Rezoning Official Tax Number 3221809 Owner's Name and Mailinq Address St. Clair, Arnold B. St. Clair, Nancy K. 1708 Wallace Avenue, Roanoke, VA 24012 NE 3221801 3221720 3221719 3221718 3221717 3221716 3221714 3221734 3221413 3221201 3221202 3221203 3221204 St. Clair, Arnold B. 1708 Wallace Avenue, Roanoke, VA 24012 NE Kiser, Kenneth D., et al. Kiser, Sandra T. 3513 Willowrun Drive, NE Roanoke, VA 24012 SAME AS INFORMATION ABOVE Bower, Helen V. c/o Dana Rygas P. O. Box 796 Pulaski, VA 24301 SAME AS INFORMATION ABOVE Kiser, Kenneth D., et al. Kiser, Sandra T. 3513 Willowrun Drive, NE Roanoke, VA 24012 SAME AS INFORMATION ABOVE Blue Stone Block, Inc. 1510 Wallace Avenue, NE Roanoke, VA 24012 SAME AS INFORMATION ABOVE Aheron, Thomas M. 1919 Electric Road, Roanoke, VA 24018 SW Aheron, Eva 8110 Webster Drive, Roanoke, VA 24019 SAME AS INFORMATION ABOVE SAME AS INFORMATION ABOVE 3221205 3221206 3221207 3221208 3221209 3221210 3221211 3221219 3221214 3221522 3221523 3221503 3221810 3221811 3221812 Aheron, Thomas M. Aheron, Eva J. 8110 Webster Drive, Roanoke, VA 24019 Delorso, Noah 207 Niday Drive Barboursville, WV 25504 Aheron, Thomas Mo Aheron, Eva J. 8110 Webster Drive, NW Roanoke, VA 24019 Hunt, J.R. c/o Jane A. Hunt 6231 Hackberry Drive, No. A Hope Mills, NC 28348 Aheron, Eva J. 8110 Webster Drive, Roanoke, VA 24019 SAME AS LISTED ABOVE Simpson, Robert S. c/o Samuel G. Simpson 3239 Collingwood Street, NE Roanoke, VA 24012 Aheron, Eva Jo 8110 Webster Drive, Roanoke, VA 24019 SAME AS LISTED ABOVE Garnett, Gerald L. 3215 Shenandoah Valley Ave., Roanoke, VA 24012 Shepherd, Ro A. and Pauline P. O. Box 12194 Roanoke, VA 24022 Kitts, Allen D. and Brenda 4340 Highland Drive Roanoke, VA 24019 St. Clair, Arnold B. 1708 Wallace Avenue, NE Roanoke, VA 24012 SAME AS LISTED ABOVE SAME AS LISTED ABOVE E,J, & Blanche J. Mason Orange Avenue (U.S. 460 E.) 3221414 Lot 14 & Pt. St. Block 18 Jackson Park 3221415 Lot 15 & Pt. St. Block 18 Jackson Park 3221416 Lot 16 & Pt. St. Block 18 Jackson Park 3211417 Lot 17 & Pt. St. Block 18 Jackson Park 3211418 Lot 18 & Pt. St. Block 18 Jackson Park 3121735 Lot 47 & Pt. St. Block 14 Lilly View 3221736 Lot 48 & Pt, St. Blook 14 Lilly View 3221737 Lot 49 & Pt. St. Block 14 Lilly View 3221738 Lot 50 & Pt. St. Block 14 Lilly View 3221739 Lot 51 & Pt. St. Block 14 Lilly View 3221740 Lot 52 & Pt, St. Block 14 Lilly View 3221741 Lot 53 & Pt. St. Block 14 Lilly View ~22 SECOND ADDENDUM TO REAL ESTATE CONTRACT THIS ADDENDUM to Real Estate Sales Contract dated June 15, 1994 designating as Sellers Edward J. Mason and Blanche J. Mason and Henry M. Caldwell and Kimberly M. Caldwell or assigns as Purchasers is made and entered into this 5th day of ,1994 by and between said parties. The parties do hereby agree together as follows, in consideration of the terms and covenants of said agreement and this Addendum. I. Except as modified by this Addendum, the Contract dated June 15, 1994, and Addendum Number 1 thereto shall remain in full force and effect. But, the terms of this Addendum shall control where them is a conflict. 2. The terms of the Contract and this Addendum shall specifically surviv~ closing and shali not be merged into' the delivery of the deed at closing. 3. The purchase price shall be One Hundred Thousand Dollars ($100,000.00). Pumhaser shall be solely responsible to pay the real estate commission of Lunsford Realty and Investment, Inc. 4. Owner financing being required, the amount financed by Sellers shall be Ninety Thousand Dollars ($90,000.00) at eight pement (8%) interest amortized and payable over ten (I0) years. There shall be a prepayment penalty of twenty percent (20%) of the amount prepaid in the first and second year following closing, seventeen percent (17%) in the third year, fourteen percent (14%) in the fourth year, eleven percent (11%) in the fifth year, eight percent (8%) in the sixth year, five percent (5%) in the seventh year and thereafter. However, in the seventh year, the Purchaser may, by election in writing, elect to prepay one half (1/2) of the then remaining principal balance in the seventh year and the remaining balance in the eighth year, without penalty. $. It is agreed that, should Purchasers need to obtain a construction loan to develop the property conveyed, Sellers shall subordinate their purchase money security to the security of the construction loan for the period of construction. Permanent financing to pay off the construction loan shall be arranged by Purchasers before the construction shall be entered into. Except for the construction loan during the period of construction, Sellers security shall be and constitute the first lien upon the property. 6. Sellers agree, on the written request of Purchasers, to a partial release of the property subject to and standing as security for their purchase money loan, provided that a portion of the property is being sold by Purchasers. In all events, the property remaining subject to the lien shall equal or exceed one hundred ten percent (110%) of the then outstanding loan value as established by independent appraisal. 7. Monthly payments on the amount financed by Sellers shall become due and payable on the 2$th day of each month. The Note and Deed of Trust to secure Seller's financing shall be in a form acceptable to both Sellers and Purchasers. 8. The time for acceptance of the Contract is extended to the _ ~th day of ... July , 1994. ~ Edward $. Mason ', ~lanche .)'. Mason ' ' ~. URCHASER) ~I. Caldwell 2 JOLLY, PLACE, FRALIN & PRILLAMAN, P.C. (703) 989-0000 FAX (703) 772-0126 TO: FROM: DATE: Martha Franklin, Roanoke City Zoning Commission Cindy Hamlin August 18, 1994 RE: Caldwell~ et al. Rezoning Request Pursuant to our telephone conversation of August 18, 1994, enclosed are the amended exhibits B and D. Thank you very much for all your help. ~32£2~32 In re: AMENDED EXHIBIT D ADJOINING PROPERTY OWNER LIST Commonwealth Cornerstone, Inc. Request for Rezoning Official Tax Number 3221809 Owner's Name and Mailinq Address St. Clair, Arnold B. St. Clair, Nancy K. 1708 Wallace Avenue, Roanoke, VA 24012 NE 3221801 3221720 3221719 3221718 3221717 3221716 3221714 3221734 3221413 3221201 3221202 3221203 3221204 St. Clair, Arnold B. 1708 Wallace Avenue, Roanoke, VA 24012 NE Kiser, Kenneth D., et al. Kiser, Sandra T. 3513 Willowrun Drive, NE Roanoke, VA 24012 SAME AS INFORMATION ABOVE Bower, Helen V. c/o Dana Rygas P. O. Box 796 Pulaski, VA 24301 SAME AS INFORMATION ABOVE Kiser, Kenneth D., et al. Kiser, Sandra T. 3513 Willowrun Drive, NE Roanoke, VA 24012 SAME AS INFORMATION ABOVE Blue Stone Block, Inc. 1510 Wallace Avenue, NE Roanoke, VA 24012 SAME AS INFORMATION ABOVE Aheron, Thomas M. 1919 Electric Road, Roanoke, VA 24018 SW Aheron, Eva 8110 Webster Drive, NW Roanoke, VA 24019 SAME AS INFORMATION ABOVE SAME AS INFORMATION ABOVE 3221205 3221206 3221207 3221208 3221209 3221210 3221211 3221219 3221214 3221522 3221523 3221503 3221810 3221811 3221812 Aheron, Thomas M. Aheron, Eva J. ~ 8110 Webster Drive, Roanoke, VA 24019 Delorso, Noah 207 Niday Drive Barboursville, WV 25504 Aheron, Thomas M. Aheron, Eva J. 8110 Webster Drive, NW Roanoke, VA 24019 Hunt, J.R. c/o Jane A. Hunt 6231 Hackberry Drive, No. A Hope Mills, NC 28348 Aheron, Eva J. 8110 Webster Drive, Roanoke, VA 24019 SAME AS LISTED ABOVE Simpson, Robert S. c/o Samuel G. Simpson 3239 Cotlingwood Street, NE Roanoke, VA 24012 Aheron, Eva J. 8110 Webster Drive, Roanoke, VA 24019 SAME AS LISTED ABOVE Garnett, Gerald L. 3215 Shenandoah Valley Ave., N-W Roanoke, VA 24012 Shepherd, R. A. and Pauline P. O. Box 12194 Roanoke, VA 24022 Kitts, Allen D. and Brenda 4340 Highland Drive Roanoke, VA 24019 St. Clair, Arnold B. 1708 Wallace Avenue, Roanoke, VA 24012 NE SAME AS LISTED ABOVE SAME AS LISTED ABOVE 2 3221813 3221814 3221815 3221416 3221817 Whitlock, James Henry Route 2, Box 458-A Fayettesvitle, WV 25840 Simmons, Norris K. Executor 1922 W. Ruritan Road, Roanoke, VA 24012 NE Fuller, Gerald D. Route 1, Box 56-H New Castle, VA 24127 Mason, E. J. and Blanche J. 6803 Ardmore Drive, NW Hollins, VA 24019 Thompson, Roger Lee and Stella G. 3719 Cundiff Drive, NE Roanoke, VA 24012 TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA '9/~ PERTAINING TO THE REZONING REQUEST OF: Request from Caldwells, represented by David Helscher, to rezone ) property off of Orange Avenue, designated as Official Tax Nos. )AFFIDAVIT 3221735-3221741, 3221414-3221418, 3221518-3221522, 3221501 and ) 3221502 from H/Vl, LM and RM-1 to C-2, conditional. ) COMMONWEALTH OF VIRGINIA ) ) TO~WIT: CITY OF ROANOKE ) The affiant, Martha Pace Franklin, first being duly sworn, states that she Secretary of the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.1-341, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 29th day of August, 1994, notices of a public hearing to be held on the 7th day of September, 1994, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: Parcel Owner. A£ent or Occupant Address 3221809 3221810 3221811 3221812 3221801 Arnold and Nancy St. Clair 1708 Wallace Avenue, NE Roanoke, VA 24012 3221720 3221719 3221716 3221713 3221715 3221714 Kenneth and Sandra Kiser 3513 Willowrun Drive, NE Roanoke, VA 24012 3221717 3221718 Helen V. Bower c/o Dana Rygas P. O.Box 796 Pulaski, VA 24301 3221734 3221413 Blue Stone Block, Inc. 1510Wallace Avenue, NE Roanoke, VA 24012 3221201 Thomas M. Aheron 1919 Electric Road, SW Roanoke, VA 24018 3221202 3221205 3221207 3221209 3221210 3221214 3221213 3221219 3221203 3221204 Thomas Aheron Eva Aheron 8110 Webster Drive, NW Roanoke, VA 24019 3221206 3221208 3221211 3221522 3221523 3221524 3221503 3221813 3221814 3221815 3221816 3221817 Noah Delorso J. R. Hunt c/o Jane A. Hunt Robert S. Simpson, Trs. c/o Samuel G.Simpson Gerald L. Gamett R. A. and Pauline Shepherd Allen D. and Brenda Kitts James Henry Whitlock Norris K. Simmons, Executor Gerald D. Fuller Roger and Stella Thompson 207 Niday Drive Barboursville, WV 25504 6231 Hackberry Drive, No. A Hope Mills, NC 28348 3239 Collingwood Street, NE Roanoke, VA 24012 3215 Shenandoah Valley Ave. Roanoke, VA 24012 P. O. Box 12194 Roanoke, VA 24022 643 Ridgecrest Drive Roanoke, VA 24019 Route 2, Box 458-A Fayettesville, WV 25840 1922 W. Ruritan Road, NE Roanoke, VA 24012 Route 1, Box 56-H New Castle, VA 24127 3719 Cundiff Drive, NE Roanoke, VA 24012 Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 29th day of August, 1994. Notary Public My Commission Expires: _co ~,,A.,l F. PARKER, CMC/AAE CITY OF ROANOKE QFFICE OF THE CITY CLERK 215 Church Avent~. S.W., Room 456 Roanoke, Virginia 2401 I-1536 Telephone: (703) 981-2541 October 28, 1994 File #51 SANDRA H. EAKIN Deputy City Clerk Joseph L. Anthony, Attorney Stott and Anthony Liberty Trust Building Suite 700 101 S. Jefferson Street Roanoke, Virginia 24011 Dear Mr. Anthony: I am enclosing copy of Ordinance No. 32216-102494 rezoning a tract of land containing 0.671 acre, more or less, located at 207 Bullitt Avenue, S. E., bearing Official Tax Nos. 4013314 and 4013316, from LM, Light Manufacturing District, to C-3, Central Business District, subject to certain conditions proffered by the petitioners. Ordinance No. 32216-102494 was adopted by the Council of the City of Roanoke on first reading on Monday, October 10, 1994, also adopted by the Council on second reading on Monday, October 24, 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-' Mr. and Mrs. Dean S. Lloyd, c/o Lloyd Electric Co., 605 Third Street, S. E., Roanoke, Virginia 24013 City of Roanoke, 201 Williamson Road, N. E., Roanoke, Virginia 24012 Mr. and Mrs. Willard E. Donald, Route 1, Box 635, Vinton, Virginia 24179 Mr. Garland Ferguson, 400 Roadstead Court, Virginia Beach, Virginia 23462 Commonwealth of Virginia, 719 Third Street, S. E., Roanoke, Virginia 24013 Neva H. Smith, Executive Director, City of Roanoke Redevelopment and Housing Authority, 2624 Salem Turnpike, N.W. Roanoke, Virginia 24017 ' W. E. Cundiff Co., Inc., P. O. Box 458, Vinton, Virginia 24179 Mr. and Mrs. Richard A. Dearing and Mr. and Mrs. Clifford W. Derey, 328 Mountain Avenue, S. W., Roanoke, Virginia 24016 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of October, 1994. No. 32216-102494. AN ORDINANCE to amend S36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 401, 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-3, Central Business District, subject to certain conditions proffered by the applicant; and - WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said application at its meeting on October 10, 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. 401 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: A tract of land containing 0.671-acre, more or less, and located at 207 Bullitt Avenue, S.W., and designated on Sheet No. 401 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Nos. 4013314 and 4013316, be, and is hereby rezoned from LM, Light Manufacturing District, to C-3 Central Business District, subject to the proffers set out in the Petition filed September 7, 1994, and respect. that Sheet No. 401 of the Zone Map be changed in this ATTEST: City Clerk. Roanoke City Planning Commission October 10, 1994 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Members of City Council: Subject: Request from the Peter C. Snyder Residual Trust, by Central Fidelity Bank and Georgia Anne Snyder-Falkinham, represented by Joseph L. Anthony, attorney, that two parcels of land located at 207 Bullitt Avenue, S.E., identified as Official Tax Map Nos. 4013314 and 4013316, be rezoned from LM, Light Manufacturing District to C-3, Central Business District, such rezoning to be subject to certain conditions proffered by the petitioners. I. Bac~oun~: Purpose of the rezoning request is to place the subject property into a zoning classification that would facilitate the redevelopment of the property into a mixed use project comprised of general and professional offices and/or medical clinics with multifamily dwellings located above the ground floor of such nonresidential uses. Petition to rezone was filed on September 7, 1994. The following conditions were proffered by the petitioners: That the subject property will be developed in substantial conformity with the preliminary site plan prepared by Balzer and Associates, Inc., dated August 17, 1994, a copy of which is attached to this petition as Exhibit E, subject to any changes required or approved by the City during the site plan review. Room 162 That if no building permit has been issued and no construction commenced within three (3) years from the date of final zoning approval, the subject property will revert to LM, Light Manufacturing District, without further action by City Council. Planninq Commission public hearing was held on Wednesday, October 5, 1994. Mr. Joseph Anthony, attorney, appeared before the Commission on behalf of the petitioners and briefed the Commission as to the purpose of the rezoning request. Mr. Anthony stated that the subject property was contiguous to existing C-3 zoned area and that the property would be redeveloped into mixed commercial and residential uses better suited for the size and location of the property. Municipal Building 215 Chumh Avenue, S.W, Roanoke, Virginia 24011 (703) 981-2344 Members of Council Page 2 October 10, 1994 Mr. Buford inquired if the exterior colors of the building would be changed and stated that he had heard that if the rezoning was successful, that the redevelopment of the property would include cleaning the exterior brick back to its original condition. Mr. Anthony responded that was an alternative currently being discussed as part of the redevelopment proposal for the property. Ms. Dorsey gave the staff report. She stated that both the planning and economic development staff supported the rezoning request finding that the proposed redevelopment of the property into general and professional offices and/or medical clinics with residential above the ground floor are uses in keeping with the intent of the downtown commercial district and mixed use projects such as this are encouraged by staff as well as the comprehensive plan. Ms. Dorsey further stated that due to the physical constraints of the subject property, its size and location, the property was not suitable for industrial development and that the proposed reuse of the property as commercial infill development was an appropriate land use for the area. No one from the audience appeared before the Commission to speak for or against the rezoning request. II. Issues: Zoning of the subject property is LM, Light Manufacturing District. The surrounding zoning pattern in the area is as follows: to the south, north and east, across 1-581, is LM, Light Manufacturing District and to the west is C- 3, Central Business District. Be Land use of the subject property are two (2) three and four story brick buildings separated with a paved alleyway. Surrounding land uses in the area are as follows: to the west is a public (monthly) parking lot; to the south, across Elm Avenue, is Community Hospital; to the northwest is a private parking lot and a public parking garage; to the northeast is a mixture of light industrial and commercial uses and to the east is 1-581. Access to the subject property is via the adjoining public streets, Bullitt Avenue and 3rd Street. The City Traffic Engineering has stated that given the proposed reuse of the existing, developed property, no traffic impacts are anticipated. Members of Council Page 3 October 10, 1994 Par~kin for the subject property is currently available on a portion of the site and additional parking is proposed on the balance of the property after the demolition of the 3 story brick building on tax map no. 4013316 and the completion of the alley closure separating the two lots in question.(See proffered development plan labelled Exhibit E.) Additional off- street parking is available in the immediate vicinity via on-street parking on 3rd Street and Bullitt Avenue, a public (monthly) parking lot and a public parking garage located to the west and north of the subject property respectively. Industrial land in the City has been identified as a valuable economic asset and should be protected. The subject property, due to its size and location, is not considered valuable for industrial development. Comprehensive Plan recommends that we encourage appropriate infill commercial development on appropriate sites and minimize land use conflicts. III. Alternatives: A. City Council aDDrov, the rezoning request. Zoning of the subject property would become conditional C-3, Central Business District, consistent with the predominant zoning pattern in the area. The proposed adaptive reuse of the existing 4 story brick building (formerly American Chemical Co.) into office, medical clinics and multifamily dwellings would be allowed to take place. Land use would become a mixed use development of office, medical clinics and residential above the first floor consistent with the land uses provided for and encouraged in the downtown area. Access to and from the site can be safely provided by the adjoining public streets, Bullitt Avenue and 3rd Street. No traffic impacts are anticipated from the proposed reuse of the property. Parkinq would be accommodated by the existing and proposed surface parking areas on the subject property. Furthermore, there are additional parking areas available in the immediate vicinity via on- street parking on Bullitt Avenue and 3rd Street, a Members of Council Page 4 October 10, 1994 Se public (monthly) parking lot adjoining the subject property to the west and a public parking garage to the north. ~al lan__d, although not preserved for industrial development, is appropriately redeveloped given its size and location. Comprehensive Plan issues as set forth would be followed. Be City 1. 6J Council deny the rezoning request. Zoning would remain LM, Light Manufacturing District. The proposed reuse of the building as office, medical clinics and multifamily residential would not be allowed to occur. Land use would remain two (2) multi-story brick buildings available for some types of industrial use (i.e., storage/warehousing, etc.). Access to the site would not be an issue. Parking would not be an issue. Industrial land remains protected despite the fact that the existing structure is not suitable for infill industrial development. Comprehensive Plan issue as set forth could be followed at a later date. IV. Recommendation: The Planning Commission, by a vote of 4 to 0, Mr. Price, Mr. Bradshaw and Mr. Jones absent, recommended approval of the requested rezoning finding that the rezoning would be a logical extension of the adjoining C-3, Central Business District located to the west of the property and that the location and physical site constraints of the site are more conducive to commercial (infill) redevelopment as an appropriate land use than industrial purposes. Members of Council Page 5 October 10, 1994 Respectfully submitted, Paul C. Buford, J~., Vice Chairman Roanoke City Planning Commission PCB:EDD:mpf attachments cc: Assistant City Attorney Director of Public Works City Engineer Building Commissioner Attorney for the Petitioner IN THE COUNCIL OF THE CITY OF ROANOKE, IN RE: THE PETER C. SNYDER RESIDUAL TRUST, BY CENTRAL FIDELITY BANK AND GEORGIA ANNE SNYDER-FALKINHAM, Successor Co-Trustees, Petitioner VIRGINIA PETITION FOR REZONING TO THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL: The petitioner, The Peter C. Snyder Residual Trust, by Central Fidelity Bank and Georgia Anne Snyder-Falkinham, Successor Co- Trustees ("Petitioner"), hereby petitions to rezone two (2) parcels of land owned by the Petitioner and lying in the City of Roanoke, Virginia, from LM, Light Manufacturing District to C-3, Central Business District ("Petition"). In support of this Petition, the Petitioner states as follows: 1. The Petitioner currently owns two parcels of land in the City of Roanoke containing 0.671 acres, more or less, located at 207 Bullitt Avenue, $.E., identified as official Tax Map Nos. 4013314 and 4013316. The two parcels of land are identified on the survey prepared for Petitioner by Jack E. Bess dated October 19, 1989, which is recorded in the records of the Circuit Court for the City of Roanoke, Virginia, in Deed Book 1612 at page 349 and page 353, and attached hereto as EXHIBIT ~. 2. The two parcels of land are separated by an alley ("Alleyway") and one (i.e., Tax Map No. 4013314) of the two parcels is adjacent to a "dead end" spur of Third Street, S.E. ("3rd Street Spur"), which was created by the construction of U.S. Highway No. 581. 3. The Petitioner filed a Petition Discontinuing, and Closing the 3rd Street Spur Interstate For Vacating, (containing 0.072 acres, more or less) less) on August 16, 1994 ("Petition To Vacate"). Department of Planning and Community Development, has studied and issued a report dated September 7, recommending that favorable action be taken on and Alleyway (containing 0.074 acres, more or The Office of the City of Roanoke, 1994 ("Report"), the Petition To Vacate. Attached hereto as EXHIBIT B is a copy of that Report. In a public hearing on September 7, 1994, the Planning Commission further recommended that favorable action be taken to vacate, discontinue, and close the 3rd Street Spur and Alleyway subject to the conditions identified in the Report. 4. Attached hereto as EXHIBIT C is a proposed subdivision plat disclosing the abandonment/closure of the 3rd Street Spur and Alleyway into Petitioner's parcel(s). The recombined property, including the vacated Alleyway, 3rd Street Spur, and the Petitioner's two original parcels, is the property subject to this Petition For Rezoning and will hereinafter be referenced as the "Subject Property." The Subject Property is further identified on the map attached hereto as EXHIBIT D. 5. City Council is scheduled to hold a public hearing on the Petition To Vacate at 7:00 p.m., Monday, October 10, 1994. 6. The Subject Property is currently zoned LM, Light Manufacturing District and is located immediately adjacent to properties which are zoned C-3, located 4013322, 7. a C-3, Central Business District. The immediately adjacent Central Business District are on the official Tax Map as property numbers 4013121, and/or 4012018. Pursuant to S 36.1-690 of the Code of the City of Roanoke (1979), as amended ("the Code"), and specifically § 36.1-690(g) of the Code, the Petitioner requests that the immediately adjacent C-3, Central Business District be extended to include the Subject Property which is currently zoned LM, Light Manufacturing District. 8. Petitioner's purpose in requesting an extension of the C-3, Central Business District to include the Subject Property is to allow the future development of the Subject Property into a mixed use project comprised, inter alia, of general and professional offices and/or medical clinics, with multifamily dwellings located above the ground floor of such nonresidential uses, all subject to the requirements of ~ 36-236 of the Code. 9. The extension of the C-3, Central Business District to include the Subject Property will further the intent and purpose of the City's Zoning Ordinance and its comprehensive plan, in that it will permit the development, inter alia, of a mixed-use project in close proximity to the downtown district, which would provide housing convenient to places of work. The extension of the C-3, Central Business District to include the Subject Property is consistent with the intent of the City's comprehensive plan that available land should be used in the most appropriate manner. 10. Petitioner hereby proffers and agrees that if the Subject Property is rezoned as requested, that the Petitioner will abide by the following conditions: A. That the Subject Property will be developed in substantial conformity with the site plan prepared by Balzer and Associates, Inc., dated August 17, 1994, a copy of which is attached to this Petition as EXHIBIT E, subject to any change required by the City during site plan review; and That if no building permit has been issued and no construction commenced within three (3) years from the date of final zoning approval, the Subject Property will revert to LM, Light Manufacturing District, without any further action by City Council. 11. Attached hereto as EXHIBIT F are the names, addresses, and tax numbers of the owners of all lots or property immediately adjacent to, and immediately across the street from, the Subject Property to be rezoned. WHEREFORE, the Petitioner requests that the Subject Property be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this 7th day of September, 1994. The Peter C. Snyder Residual Trust, by Central Fidelity Bank and Georgia Anne Snyder-Falkinham, Successor Co-Trustees ~ f Of Counsel ~ 4 Joseph L. Anthony, Esq. Virginia State Bar No. 15092 STOTT & ANTHONY, P.C. Liberty Trust Building, Suite 700 101 S. Jefferson Street Roanoke, Virginia 24011 (703) 345-7511 OWNER: The Peter C. Snyder Residual Trust by Central Fidelity Bank and Georgia Anne Snyder-Falkinham, Successor Co-Trustees 111 Franklin Road P.O. Box 13305 Roanoke, Virginia 24032 Successor Co. Trustee 5 September 7, 1994 Mr. Charles A. Price, Ir., Chairman and Members of the Planning Commission Roanoke, Virginia Dear Members of the Commission: Subject. Application of the Peter C. Snyder Residual Trust, represented by Joseph L. Anthony, attorney, to close and vacate a certain portion of Third Street, S.E., and a certain 20 foot wide public alley, as more particularly described in this report. Third Street. S.E.. and the subject 20 foot wide public alley, as requested for closure, ate both located within a relatively small industrial area bounded on the north by Bullitt Avenue, S.E., on the east by 1-551 (U.S. 220), on the south by Elm Avenue, $.E., and on the west by the right-of-way of the Norfolk and Southern Railway Company (see attached Map A). Portions of the subiect street and public alley as requested for closure abut the westerly right-of-way boundary of 1-581 (U.S. 220). The subject Third Street right-of-way is a residual strip of the original Third Stnmt, S.E., right-of-way. Major portion of this street was laken for the construction of 1-581 (U.S. 220). Street and alley as reauested for closure are both dead-end rights-of-way with no capacity to serve as a means of access for any adjacent properties, other than the applicant's. A. i~.pJJ.q, al[~ was received on August 16, 1994. Qwners of or ~opert3/abutting the subject street and alley are listed on City records as follows: Room 162 Mumc~pal Building 215 Church Avenue. SW RoanoKe. Virg~ma 24011 (7031 Members of the Commission Page 2 Do Issues; A. B. C. D. E. 1. Tax Parcels 4013314 and 4013316 - The Peter C. Snyder Residual Trust Land abutting the alley's westerly boundary - Norfolk and Southern Railway Co. Land abutting the easterly boundary of Third Street, S.E., and the subject alley (tax parcels 4013317, 4013318, 4013319 and 4013320) - Virginia Department of Transportation ~ abutting the subject fights-of-way have all been notified by the City of this application for closure. Avolicant desires to use the land within the rights-of-way for "any future development of its property." Utilities within the oublic right-of-way. Creation of a d~,'~d-end street or alleY. F. Relationshiv to the comvrehensive plan. Alternative~: A. Recommend that City_ Council aptnove the applicant's request to close the described Third Street, S.E., and public alley subject to certain conditions outlined in Section V. of this report. Closure should have no impact on the immediate community. Rights-of-way requested for closure are dead-ends with no current purpose or function other than that of providing access to the applicant's propertm. Members of the Commission Page 3 2. Traffic impact: Closure will have no effect on traffic or traffic needs in the community. Rights-of-way requested for closure are not used for any general traffic purposes other than traffic access to the applicant's 3. Utilities within the public riehts-of-wav: a. City has a sanitary sewer line in the abject alley right-of-way. Appalachian Power Company has facilities in the subject Third Street, S.E., right-of-my and has requested that an easement for the same be retained by the City. Creation of a dead-end street or alley_: Closure as requested will not creale a dead-end street or alley. Lands designated on Map "A" attached to this report and identified as tax parcels 4013317, 4013318, 4013319 and 4013320 are owned by the Virginia Department of Transportation and have frontage on 1-581, but does not have access to the right-of-way due to topography. Rights-of-way being requested for closure do not in any way abut the above-cited properties. Accordingly, closure of the alley will not deny or d___~c~'ease access to these properties in any way. Norfolk and Southern Railway Company plans to remove the existing railroad crossing tim currently provides access to the alley being requested for closure (see letter attached to application). Subdivision pht, which combines tax parcels 4013314 and 4013316 should be required. Relationshiu to the comurehensive ulan: Request is consistent with the intent of the comprehensive plan that available land should be used in the most appropriate manner. Members of the Commission Page 4 Bo Recommend that City_ Council deny the applicant's request to close and vacate the described sections of Third Street, S.E. and public alley. I. ~ will not be an issue. 2. Tlilff:l.C,_RIIll~ will not be an issue. 3. Utilities within the public rfi, ht-of-way will not be an issue. 4. Creation of a dead-end street or alley will not -be an issue. Land use: Retaining unneeded and unnecessary lands for public access purposes, where the n__e~_ for such access no longer exists would be inconsistent with sound land use planning practices. Relationshio to the comprehensive plan'_ Denial would be inconsistent with the intent of the comprehensive plan that available land should be used in the most appropriate manner. Recommend that City Council appwve Alternative A, thereby approving the applicant's request to close and va~te the described sections of Third Street, S.E., and public alley subject to the following conditions: The applicant shall submit to the City for its review and approval, receive approval of, and record in the Office of the Roanoke City Circuit Court, a subdivision plat, with said plat providing thereon for the following: The disposition of land within the right-of-way to be vacated, in a manner consistent with the requirements of Chapter 31, ~, of the Code of the City of Roanoke (1979), as mended. The retention of appropriate easements, together with the right of public passage over the same, for subsurface installation and maintenance of any and all existing utilities that may be located within the right-of-way. If a plat of subdivision is not approved by the City, and recorded by the applicant, within a period of 12 months from the date of adoption of the ordinance providing for the closure of the subject fight-of-way, then said ordinance shall be null and void with no further action by City Council being n~essaty. Members of the Commission Page 5 ~RM:F~T:mpf attachments cc: Assistant City Attorney Director of Public Works City Engineer Building Commiaaioner Attorney for the Petitioner Regretfully submitted, John I~. Mafllea, Agent Rban0ke City Planning Commission / I I I I ji I_ .... I I I I ./ EXH?B?T F PET'rT'rON FOR RE~ONI[NG LOT/PROPERTY OWNERS IMMEDIATELY ADJACENT TO AND ACROSS THE STREET FROM THE SUBJECT PROPERTY TO BE REZONED: official Owner's Name And Tax MaD No. Zoninq Mailin~ Address 4012015 4012016 LM 4012018 C-3 4012516 LM 4013121 C-3 4013317 4013322 C-3 4013407 LM 4013416 LM Dean S. & Delores H. Lloyd c/o Lloyd Electric 605 Third Street, S.E. Roanoke, Virginia 24013 Dean S. & Delores H. Lloyd c/o Lloyd Electric Co. 605 Third Street, S.E. Roanoke, Virginia 24013 City of Roanoke 201 Williamson Road, S.E. Roanoke, Virginia 24012 Willard E. & Doris W. Donald Rt. 1, Box 635 Vinton, Virginia 24179 Garland Ferguson 400 Roadstead CT Virginia Beach, Virginia 23462 Commonwealth of Virginia 719 Third Street, S.E. Roanoke, Virginia 24013 City of Roanoke Redevelopment Housing Authority 2724 Salem Turnpike, N.W. Roanoke, Virginia 24017 W.E. Cundiff Co., Inc. P.O. Box 458 Vinton, Virginia 24179 Richard A. & Nancy G. Dearing 328 Mountain Avenue, S.W. Roanoke, Virginia 24016 and Clifford W. & Jessie F. Derey 328 Mountain Avenue, $.W. Roanoke, Virginia 24016 DASHED LINE DENOTES BOUNDARY OF HISTORIC DISTRICT ZONING 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 September 22, 1994 File #51 Joseph L. Anthony, Attorney Stott and Anthony Liberty Trust Building Suite 700 101 S. Jefferson Street Roanoke, Virginia 24011 Dear Mr. Anthony: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, October 10, 1994, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of your clients, The Peter C. Snyder Residual Trust by Central Fidelity Bank and Georgia Anne Snyder-Falkinham, Successor Co-Trustees, that a tract of land containing 0.671 acre, more or less, located at 207 Bullitt Avenue, S. E., bearing Official Tax Nos. 4013314 and 4013316, be rezoned from LM, Light Manufacturing District, to C-3, Central Business District, subject to certain conditions proffered by the petitioners. For your information, I am enclosing copy of a notice of the public hearing and an Ordinance 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. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Oct ]~nc o · Joseph L. Anthony September 22, 1994 Page 2 pc: Mr. and Mrs.. Dean S. Lloyd, c/o Lloyd Electric Co., 605 Third Street, S. E., Roanoke, Virginia 24013 City of Roanoke, 201 Williamson Road, N. E., Roanoke, Virginia 24012 Mr. and Mrs. Willard E. Donald, Route 1, Box 635, Vinton, Virginia 24179 Mr. Garland Ferguson, 400 Roadstead Court, Virginia Beach, Virginia 23462 Commonwealth of Virginia, 719 Third Street, S. E., Roanoke, Virginia 24013 Neva H. Smith, Executive Director, City of Roanoke Redevelopment and Housing Authority, 2624 Salem Turnpike, N. W., Roanoke, Virginia 24017 W. E. Cundiff Co., Inc., P. O. Box 458, Vinton, Virginia 24179 Mr. and Mrs. Richard A. Dearing and Mr. and Mrs. Clifford W. Derey, 328 Mountain Avenue, S. W., Roanoke, Virginia 24016 AD JUMB::R q2303120 PUBLISHER'S FEE - $98oB/) JOSEPH L ~NTHONY* ESQ LIBERTY TRUST ~LOG ~700 IO1S JEFFFRS[]N ST ROANOKE VA 24012 STATE OF VIRGINIA CITY OF ROANOKE AFFIDAVIT OF PUBLICATION I9 ITH[ UNDERSIGNEDI AN AUTHORIZED REP~ESENTAFIV~ i]F THE TIMSS-WORLO COR- PORATION, WHICH CORPORATION IS PU$LISHER OF THE ROANOKE TIMES & WORLD-NEWS~ A DAILY NEWSPAPER PUBLISHED IN ROAN£)KE9 IN THE STATE OF VIRGINIA~ DO CERTIFY THAT THE ANNEXED NOTIC~i NAS PU6LISHED IN SAID NEWSPAPERS OF~ THE FOLLOWING DATES 09/23/94 MORNING 09/30/94 MORNING ~ITNESS, THIS I~6ER. 1994 AUTHORIZED SIGNATURE NOTICE OF PUBLIC HEARING '94 of Chapter TO WHOM IT MAY CONCERN: Pursuant to the provisions of Article VII 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, October 10, 1994, at 7:00 p.m., in the Council Chamber in the Municipal Building, 215 Church Avenue, S.W., on the question of rezoning from ~M, Light Manufacturing District, to C-3, Central Business District, the following property: A tract of land containing 0.671-acre, more or less, and located at 207 Bullitt Avenue, S.E., bearing Official Tax Nos. 4013314 and 4013316, such rezoning to be subject to certain proffered conditions. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. All parties in interest may appear on the above date and be heard on the question. GIVEN under my hand this 21st day of September , 1994. Mary F. Parker, City Clerk. Publish in the Roanoke Times and World-News, once on Friday, September 23, 1994, and once on Friday, September 30, 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: Joseph L. Anthony, Attorney Stott and Anthony 101 South Jefferson Street Roanoke, Virginia 24011 TO THE CITY CLERK OF THE CITY OF ROAN,,OKF~-~V~RGhNIA o~' ,, ,I ?~[ P~P, TA]NINO TO TI:~ R~ZONINO R~QUE~T OF: Request from the Peter C. Snyder Residual Trust, represented by Joseph L. Anthony, attorney, that property located at 207 Buliitt Avenue, S.W., Tax Nos. 4013314 and 4013316, rezone from LM to C-3, conditional. COMMONWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) ) )Affidavit ) ) The affiant, Martha Pace Franklin, first being duly sworn, states that she Secretary of the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.1-341, Code of Virginia, 0950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 26th day of September, 1994, notices of a public hearing to be held on the 5th day of October, 1994, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: Parcel 4012015 4012016 4012018 4012516 4013317 1-581 4013322 4013321 4013407 4013416 Address 605 Third Street, SE Roanoke, VA 24013 Route 1, Box 635 Vinton, VA 24179 Owner. A~ent or Oecuoant Dean S. and Delores H. Lloyd c/o Lloyd Electric Co. City of Roanoke Willard E. and Doris W. Donald Commonwealth of Virginia 704 S. Broad Street Salem, VA 24153 VDOT Salem Residency Office P. O.Box 6359 Roanoke, VA 24017 City of Roanoke Redevelopment and Housing Authority P. O.Box 458 Vinton, VA 24179 W. E. Cundiff Co., Inc. Richard and Nancy Dearing 328 Mountain Avenue, SW Clifford and Jessie Derey Roanoke, VA 24016 l~rtha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 26th day of September, 1994. Notary Public My Commission Expires: /J--t~ '-~/ 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 Cfly Clerk September 21, 1994 File #51 Charles A. Price, Jr., Chair 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 Joseph L. Anthony, Attorney, representing The Peter C. Snyder Residual Trust by Central Fidelity Bank and Georgia Anne Snyder-Falkinham, Successor Co-Trustees, requesting that two parcels of land, containing 0.671 acre, more or less, located at 207 Bullitt Avenue, S. E., identified as Official Tax Nos. 4013314 and 4013316, be rezoned from LM, Light Manufacturing District, to C-3, Central Business District, subject to certain conditions proffered by the petitioners· Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm r/snyder Enc. pc: The Honorable Mayor and Members of the Roanoke City Council Joseph L. Anthony, Attorney, Stott and Anthony, 101 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 IN RE: IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA THE PETER C. SNYDER RESIDUAL TRUST, CENTRAL FIDELITY BANK AND GEORGIA ANNE SNYDER-FALKINHAM, Successor Co-Trustees, Petitioner BY PETITION FOR REZONING TO THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL: The petitioner, The Peter C. Snyder Residual Trust, by Central Fidelity Bank and Georgia Anne Snyder-Falkinham, Successor Co- Trustees ("Petitioner"), hereby petitions to rezone two (2) parcels of land owned by the Petitioner and lying in the City of Roanoke, Virginia, from LM, Light Manufacturing District to C-3, Central Business District ("Petition"). In support of this Petition, the Petitioner states as follows: 1. The Petitioner currently owns two parcels of land in the City of Roanoke containing 0.671 acres, more or less, located at 207 Bullitt Avenue, S.E., identified as official Tax Map Nos. 4013314 and 4013316. The two parcels of land are identified on the survey prepared for Petitioner by Jack E. Bess dated October 19, 1989, which is recorded in the records of the Circuit Court for the City of Roanoke, Virginia, in Deed Book 1612 at page 349 and page 353, and attached hereto as EXHIBIT A. 2. The two parcels of land are separated by an alley ("Alleyway") and one (i.e., Tax Map No. 4013314) of the two parcels is adjacent to a "dead end" spur of Third Street, S.E. ("3rd Street Spur"), which was created by the construction of U.S. Interstate Highway No. 581. 3. The Petitioner filed a Petition For Vacating, Discontinuing, and Closing the 3rd Street Spur (containing 0.072 acres, more or less) and Alleyway (containing 0.074 acres, more or less) on August 16, 1994 ("Petition To Vacate"). The Office of the Department of Planning and Community Development, City of Roanoke, has studied and issued a report dated September 7, 1994 ("Report"), recommending that favorable action be taken on the Petition To Vacate. Attached hereto as EXHIBIT B is a copy of that Report. In a public hearing on September 7, 1994, the Planning Commission further recommended that favorable action be taken to vacate, discontinue, and close the 3rd Street Spur and Alleyway subject to the conditions identified in the Report. 4. Attached hereto as EXHIBIT C is a proposed subdivision plat disclosing the abandonment/closure of the 3rd Street Spur and Alleyway into Petitioner's parcel(s). The recombined property, including the vacated Alleyway, 3rd Street Spur, and the Petitioner's two original parcels, is the property subject to this Petition For Rezoning and will hereinafter be referenced as the "Subject Property." The Subject Property is further identified on the map attached hereto as EXHIBIT ~. 5. City Council is scheduled to hold a public hearing on the Petition To Vacate at 7:00 p.m., Monday, October 10, 1994. 6. The Subject Property is currently zoned LM, Light Manufacturing District and is located immediately adjacent 2 to properties which are zoned C-3, located 4013322, 7. a C-3, Central Business District. The immediately adjacent Central Business District are on the official Tax Map as property numbers 4013121, and/or 4012018. Pursuant to § 36.1-690 of the Code of the City of Roanoke (1979), as amended ("the Code"), and specifically § 36.1-690(g) of the Code, the Petitioner requests that the immediately adjacent C-3, Central Business District be extended to include the Subject Property which is currently zoned LM, Light Manufacturing District. 8. Petitioner's purpose in requesting an extension of the C-3, Central Business District to include the Subject Property is to allow the future development of the Subject Property into a mixed use project comprised, inter alia, of general and professional offices and/or medical clinics, with multifamily dwellings located above the ground floor of such nonresidential uses, all subject to the requirements of § 36-236 of the Code. 9. The extension of the C-3, Central Business District to include the Subject Property will further the intent and purpose of the City's Zoning Ordinance and its comprehensive plan, in that it will permit the development, inter alia, of a mixed-use project in close proximity to the downtown district, which would provide housing convenient to places of work. The extension of the C-3, Central Business District to include the Subject Property is consistent with the intent of the City's comprehensive plan that available land should be used in the most appropriate manner. 3 10. Petitioner hereby proffers and agrees that if the Subject Property is rezoned as requested, that the Petitioner will abide by the following conditions: A. That the Subject Property will be developed in substantial conformity with the site plan prepared by Balzer and Associates, Inc., dated August 17, 1994, a copy of which is attached to this Petition as EXHIBIT E, subject to any change required by the City during site plan review; and B. That if no building permit has been issued and no construction commenced within three (3) years from the date of final zoning approval, the Subject Property will revert to LM, Light Manufacturing District, without any further action by City Council. 11. Attached hereto as EXHIBIT F are the names, addresses, and tax numbers of the owners of all lots or property immediately adjacent to, and immediately across the street from, the Subject Property to be rezoned. WHEREFORE, the Petitioner requests that the Subject Property be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this 7th day of September, 1994. By: The Peter C. Snyder Residual Trust, by Central Fidelity Bank and Georgia Anne Snyder-Falkinham, Successor Co-Trustees Of Counsel ~ 4 Joseph L. Anthony, Esq. Virginia State Bar No. 15092 STOTT & ANTHONY, P.C. Liberty Trust Building, Suite 700 101 S. Jefferson Street Roanoke, Virginia 24011 (703) 345-7511 OWNER: The Peter C. Snyder Residual Trust by Central Fidelity Bank and Georgia Anne Snyder-Falkinham, Successor Co-Trustees 111 Franklin Road P.O. Box 13305 Roanoke, Virginia 24032 Successor Co-Trustee RoanoKe City P!ann n~3 Corem 5scr' September 7, 1994 Mr. Charles A. Price, Jr., Chairman and Members of the Planning Commission Roanoke, Virginia Dear Members of the Commission: Subject: Application of the Peter C. Snyder Residual Trust, represented by Joseph L. Anthony, attorney, to close and vacate a certain portion of Third Street, S.E., and a certain 20 foot wide public alley, as more particularly described in this report. Third Street. S.E.. and the subject 20 foot wide t~ublic alley, as requested for closure, are both located within a relatively small industrial area bounded on the north by Bullitt Avenue, S.E., on the east by 1-581 (U.S. 220), on the south by Elm Avenue, S.E., and on the west by the right-of-way of the Norfolk and Southern Railway Company (see attached Map A). Bo Portions of the subiect street and oubtic alley as requested for closure abut the westerly right-of-way boundary of 1-581 (U.S. 220). The subject Third Street right-of-way is a residual strip of the original Third Street, S.E., right-of-way. Major portion of this street was taken for the consLruetion of 1-581 (U.S. 220i. Street and alley as recuested for closure are both dead-end rights-of-way with no capacity to serve as a means of access for any adjacent properties, other than the applicant's. II. Current Situation: A. Apolication was received on August 16, 1994. Owners of orooerty abutting the subject street and alley are listed on City records as follows: ' Room 162 MunicilDal Building 215 Church Avenue. S.W, Roanoke. Virg~nra 24011 {703) 981-23a4 Members of the Commission Page 2 IVo Tax Parcels 4013314 and 4013316 - The Peter C. Snyder Residual Trust Land abutting the alley's westerly boundary - Norfolk and Southern Railway Co. Land abutting the easterly bounflax7 of Thirfl Street, S.E., and the subject alley (tax parcels 4013317, 4013318, 4013319 and 4013320) - Virginia Depaxtment of Transportation Owners of uroperOen abutting the subject rights-of-way have all been notified by the City of this application for closure. Avolicant desires to use the land within the rights-of-way for "any future development of its prope~.' Issues: ho B. C. D. E. F. Traffic immct. Utilities within the vublic right-of-way. Creation of a de~cl-end street or alley. Relationshi~ to the comprehensive oinn Alternative,5: Recommend that City_ Council approve the applicant's request to close the described Third Street, S.E., and public alley subject to certain conditions outlined in Section V. of this report. a. Closure should have no impact on the immediate community. bo Rights. of-way requested for closure are dead-ends with no current purpose or function other than that of providing access to the applicant's properties. Members of the Commission Page 3 ao Closure will have no effect on traffic or traffic needs in the community. Rights-of-way requested for closure are not used for any general traffic purposes other than traffic access to the applicant's properties. 3. Utilities within the public fights-of-way: a. City has a sanitary sewer line in the subject alley fight-of-way. Appalachian Power Company has facilities in the subject Third Street, S.E., fight-of-way and has requested that an easement for the same be retained by the City. Creation of a dead-end street or alley: Closure as requested will not create a dead-end street or alley. Lands designated on Map "A" attached to this report and identified as tax parcels 4013317, 4013318, 4013319 and 4013320 are owned by the Virginia Department of Transportation and have frontage on 1-581, but does not have access to the fight-of-way due to topography. Rights-of-way being requested for closure do not in any way abut the above-cited properties. Accordingly, closure of the alley will not deny or decrease access to these properties in any way. Norfolk and Southern Railway Company plans to remove the existing railroad crossing that currently provides access to the alley being requested for closure (see letter attached to application). d. Subdivision plat, which combines tax parcels 4013314 and 4013316 should be required. Relationship to the comprehensive t}lan: Request is consistent with the intent of the comprehensive plan that available land should be used in the most appropriate manner. Members of the Commission Page 4 Recommend that City Council d~tly the applicant's request to close and vacate the described sections of Third Street, S.E. and public alley. 1. ~ will not be an issue. 2. ~ will not be an issue. 3. Utilities within the public riffht-of-way will not be an issue. 4. Creation of a dmd-end street or alley will not-be an issue. /.,aa.ql..~: Retaining urm__oeded and unnecessary lands for public access purposes, where the need for such access no longer exists would be inconsistent with sound land use planning practices. o Relationship to the comnrebensive Dian: Denial would be inconsistent with the intent of the comprehensive plan that available land should be used in the most appropriate manner. Recommend that City Council approve Alternative A, thereby approving the applicant's request to close and vacate the described sections of Third Street, S.E., and public alley subject to the following conditions: ho The applicant shall submit to the City for its review and approval, receive approval of, and record in the Office of the Roanoke City Circuit Court, a subdivision plat, with said plat providing thereon for the following: The disposition of land within the fight-of-way to be vacated, in a manner consistent with the requirements of Chapter 31, ~, of the Code of the City of Roanoke (1979), as mended. The retention of appropriate ~ements, together with the fight of public passage over the same, for subsurface installation and maintenance of any and all existing utilities that may be located within the fight-of-way. If a plat of subdivision is not appwved by the City, and recorded by the applicant, within a period of 12 months from the date of adoption of the ordinance providing for the closure of the subject fight-of-way, then said ordinance shall be null and void with no further action by City Council being necessary. Members of the Commission Page 5 JRM:ERT:mpf attachments cc: Assistant City Attorney Director of Public Works City Engineer Building Commissioner Attorney for the Petitioner Respectfully submitted, John 1~. Marlles, Agent Rl~an0ke City Planning Commission :ii e ~ rn ~7 F-~. L .... I I I t 1:./ PETiTiON FOR RE~ONIN~ LOT/PROPERTY OWNERS IMMEDIATELY ADJACENT TO AND ACROSS THE STREET FROM THE SUBJECT PROPERTY TO BE REZONED: Official Tax_a~_~p_No. 4012015 4012016 LM 4012018 C-3 4012516 LM 4013121 C-3 4013317 LM Zoning LM 4013322 C-3 4013407 LM 4013416 Owner's Name And Mailin~ Address Dean S. & Delores H. Lloyd c/o Lloyd Electric Co. 605 Third Street, S.E. Roanoke, Virginia 24013 Dean S. & Delores H. Lloyd c/o Lloyd Electric Co. 605 Third Street, S.E. Roanoke, Virginia 24013 city of Roanoke 201 Williamson Road, S.E. Roanoke, Virginia 24012 Willard E. & Doris W. Donald Rt. 1, Box 635 Vinton, Virginia 24179 Garland Ferguson 400 Roadstead CT Virginia Beach, Virginia 23462 Commonwealth of Virginia 719 Third Street, S.E. Roanoke, Virginia 24013 City of Roanoke Redevelopment Housing Authority 2724 Salem Turnpike, N.W. Roanoke, Virginia 24017 W.E. Cundiff Co., Inc. P.O. Box 458 Vinton, Virginia 24179 Richard A. & Nancy G. Dearing 328 Mountain Avenue, S.W. Roanoke, Virginia 24016 and Clifford W. & Jessie F. Derey 328 Mountain Avenue, S.W. Roanoke, Virginia 24016 NOTICE OF PUBLIC HEARING BEFORE THE ROANOKE CITY PLANNING COMMISSION TO WHOM IT MAY CONCER~.'d ~ ~ 1 (~ ?~11 :l ? The Roanoke City Planning Commission will hold a public hearing on Wednesday, October 5, 1994, at 1:30 p.m. or as soon 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 Peter C. Snyder Residual Trust, by Central Fidelity Bank and Georgia Anne Snyder-Fallrlnham, Successor Co-Trustees, represented by 1oseph L. Anthony, Attorney, that property located at 207 Bullitt Avenue, S.E., identified as Official Tax Nos. 4013314 and 4013316, be rezoned from LM, Light Manufacturing District, to C-3, Central Business District, such rezoning to be subject to certain conditions proffered by the petitioner. A copy of said application is available for review in the Department of Planning and Community Development, 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, September 20, 1994 and Tuesday, September 27, 1994. Please bill: Joseph L. Anthony, Attorney Stott and Anthony 101 S. Jefferson Street Roanoke, VA 24011 (703) 345-7511 Please send affidavit of publication to: Department of Planning and Community Development 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) 981-2541 SANDRA H. EAKIN Deputy City Clerk September 8, 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 Joseph L. Anthony, Attorney, representing The Peter C. Snyder Residual Trust by Central Fidelity Bank and Georgia Anne Snyder-Falkinham, Successor Co-Trustees, requesting that two parcels of land, containing 0. 671 acre, more or less, located at 207 Bullitt Avenue, S. E., identified as Official Tax Nos. 4013314 and 4013316, be rezoned from LM, Light Manufacturing District, to C-3, Central Business District, subject to certain proffered conditions by the petitioners. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm r / snyder Enc. pc: The Honorable Mayor and Members of the Roanoke City Council Joseph L. Anthony, Attorney, Stott and Anthony, 101 S. Jefferson Street, Roanoke, Virginia 24011 John R. Marlies, 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 Cit~ Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W. Room 456 Roanoke. Virginia 24011-1536 Telephone: {703) 981-2541 SANDRA H. EAKIN Deputy City Clerk October 28, 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. 32217-102494, for proper recordation in your office, permanently vacating, discontinuing and closing an alleyway running between Norfolk Southern Corporation Railway right-of-way and U. S. Interstate - 581, bounded on both sides by Official Tax Nos. 4013314 and 4013316; and the spur of Third Street, S. E., running between BulHtt Avenue and the aforedescribed alleyway bounded on one side by U. S. Interstate - 581 and by real estate owned by the petitioner on the other side. Ordinance No. 32217-102494 was adopted by the Council of the City of Roanoke on first reading on Monday, October 10, 1994, aiso adopted by the Council on second reading on Monday, October 24, 1994, and will take effect ten days following the date of its second reading. Sincerely Mary F. Parker, CMC/AAE City Clerk MFP: sm Ene o pc: Joseph L. Anthony, Attorney, Stott and Anthony, Liberty Trust Building, Suite 700, 101 S. Jefferson Street, Roanoke, Virginia 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 24011-1536 Telephone: (703) 981-2541 SANDRA H. EAKIN Depuly City Clerk October 28, 1994 File #514 Joseph L. Anthony, Attorney Stott and Anthony Liberty Trust Building Suite 700 101 S. Jefferson Street Roanoke, Virginia 24011 Dear Mr. Anthony: I am enclosing copy of Ordinance No. 32217-102494 permanently vacating, discontinuing and closing an alleyway running between Norfolk Southern Corporation Railway right-of-way and U. S. Interstate - 581, bounded on both sides by Official Tax Nos. 4013314 and 4013316; and the spur of Third Street, S. E., running between Bullitt Avenue and the aforedescribed alleyway bounded on one side by U. S. Interstate - 581 and by real estate owned by the petitioner on the other side. Ordinance No. 32217-102494 was adopted by the Council of the City of Roanoke on first reading on Monday, October 10, 1994, also adopted by the Council on second reading on Monday, October 24, 1994, and will take effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: em Eno. pc: Crestar Bank, 2nd Floor, Crestar Plaza, Roanoke, Virginia 24011 Jeanne Sanborn, Agent, Real Eetate and Contract Servicee, Norfolk Southern Corporation, 110 Franklin Road, S. E., Roanoke, Virginia 24042-0059 IN THE COUNCIL OF THE CITY OF ROANOKE, The 24th day of October, 1994. No. 32217-102494. VIRGINIA, AN ORDINANCE permanently vacating, discontinuing and closing certain public rights-of-way in the City of Roanoke, Virginia, as are more particularly described hereinafter. WHEREAS, the Peter C. Snyder Residual Trust 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 rights-of-way described hereinafter; and WHEREAS, the notice to all concerned as required by S30-14, 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 October 10, 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 rights-of-way have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing said public City Planning Commission, after giving proper rights-of-way. THEREFORE, BE Roanoke, Virginia, City of Roanoke, follows: IT ORDAINED by that the public Virginia, and more the Council of the City of rights-of-way situate in the particularly described as (1) An alleyway running between the Norfolk Southern Corporation Railway right-of-way and U.S. Interstate-581, bounded on both sides by Official Tax Nos. 4013314 and 4013316, and (2) a spur of Third Street, S.E., running between Bullitt Avenue, S.E., and the aforedescribed alleyway bounded on one side by U.S. Interstate-581 and by real estate owned by Petitioner on the other side, be, and are hereby permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as the Council of the City of Roanoke is empowered so to do with respect to the closed portion of- the rights-of-way, reserving however, to the City of Roanoke and any public utility, including, specifically, without limitation, providers to or for the public of cable television, electricity, natural gas or telephone service, an easement for sewer and water mains, television cable, electric wires, gas lines, telephone lines, and related facilities that may now be located in or across said public rights-of-way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is 2 undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above-described public rights-of-way of any such municipal installation or other utility or facility by the owner thereof. BE IT FURTHER ORDAINED that the closure of the above-described rights-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 rights-of-way, 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 rights-of-way; 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 rights-of-way on all maps and plats on file in his office on which said rights- 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 Peter C. Snyder Residual Trust, and the names of any other parties in interest who may so request, as Grantees. ATTEST: City Clerk. 4 Roanoke City Planning Commission October 10, 1994 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Application of the Peter C. Snyder Residual Trust, represented by Joseph L. Anthony, attorney, to close and vacate a certain portion of Third Street, S.E., and a certain 20 foot wide public alley, as more particularly described in this report. Third Street. S.E.. and the subject 20 foot wide public alley, as requested for closure, are both located within a relatively small industrial area bounded on the north by Bullitt Avenue, S.E., on the east by 1-581 (U.S. 220), on the south by Elm Avenue, S.E., and on the west by the right-of-way of the Norfolk and Southern Railway Company (see attached Map A). Bo Portions of the subject street and public alley as requested for closure abut the westerly right-of-way boundary of 1-581 (U.S. 220). The subject Third Street right-of-way is a residual strip of the original Third Street, S.E., right-of-way. Major portion of this street was taken for the construction of 1-581 (U.S. 220). Street and alley as rea_uested for closure are both dead-end rights-of-way with no capacity to serve as a means of access for any adjacent properties, other than the applicant's. D. Application was received on August 16, 1994. Owners of t>ro~erty abutting the subject street and alley are listed on City records as follows: 1. Tax Parcels 4013314 and 4013316 - The Peter C. Snyder Residual Trust Room 162 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2344 Members of Council Page 2 October 10, 1994 II. III. IV. Land abutting the alley's westerly boundary - Norfolk and Southern Railway Co. Land abutting the easterly boundary of Third Street, S.E., and the subject alley (tax parcels 4013317, 4013318, 4013319 and 4013320) - Virginia Department of Transportation ADnlicant desires to use the land within the fights-of-way for "any future development of its property." Current Situation: Issues: A. B. C. D. E. F. ~ was reviewd by the Planning Commission at its regular meeting on September 7, 1994. There was no one present either in favor or opposition of the request. ~ abutting the subject fights-of-way have all been notified by the City of this application for closure. Utilities within the public fight-of-way. Creation of a dead-end street or alley. Land use. Relationshi~ to the comprehensive olan. Alternatives: A. ~ the applicant's request to close the described Third Street, S.E., and public alley subject to certain conditions outlined in Section V. of this report. 1. mCmmuaiecim : a. Closure should have no impact on the immediate community. Members of Council Page 3 October 10, 1994 Rights-of-way requested for closure are dead-ends with no current purpose or function other than that of providing access to the applicant's properties. Traffic imvact: Closure will have no effect on traffic or traffic needs in the community. Rights-of-way requested for closure are not used for any general traffic purposes other than traffic access to the applicant's properties. Utilities within the public rights-of-way: a. City has a sanitary sewer line in the subject alley fight-of-way. Appalachian Power Company has facilities in the subject Third Street, S.E., right-of-way and has requested that an easement for the same be retained by the City. Creation of a dead-~nd street or ~lley: Closure as requested will not create a dead-end street or alley. I.and use: Lands designated on Map WA" attached to this report and identified as tax parcels 4013317, 4013318, 4013319 and 4013320 are owned by the Virginia Department of Transportation and have frontage on 1-581, but does not have access to the fight-of-way due to topography. Rights-of-way being requested for closure do not in any way abut the above-cited properties. Accordingly, closure of the alley will not deny or decrease access to these properties in any way. Norfolk and Southern Railway Company plans to remove the existing railroad crossing that currently provides access to the alley being requested for closure (see letter attached to application). Subdivision plat, which combines tax parcels 4013314 and 4013316 should be required. Members of Council Page 4 October 10, 1994 Relationship to the comprehensive plan: Request is consistent with the intent of the comprehensive plan that available land should be used in the most appropriate manner. Bo City Council ~leny the applicant's request to close and vacate the described sections of Third Street, S.E. and public alley. 1. Community impact will not be an issue. 2. Traffic impact will not be an issue. 3. Utilities within the public right-of-way will not be an issue. 4. Creation of a dead-end street or all~y will not be an issue. Land use: Retaining unneeded and unnecessary lands for public access purposes, where the need for such access no longer exists would be inconsistent with sound land use planning practices. Relationshin to the comprehensive plan: Denial would be inconsistent with the intent of the comprehensive plan that available land should be used in the most appropriate manner. V. Recommendation: Planning Commission, by a vote of 6-0 (Mr. Bur. rd absent) recommends that City Council approve Alternative A, thereby approving the applicant's request to close and vacate the described sections of Third Street, S.E., and public alley subject to the following conditions: The applicant shall submit to the City for its review and approval, receive approval of, and record in the Office of the Roanoke City Circuit Court, a subdivision plat, with said plat providing thereon for the following: The disposition of land within the right-of-way to be vacated, in a manner consistent with the requirements of Chapter 31, Subdivisions, of the Code of the City of Roanoke (1979), as amended. The retention of appropriate easements, together with the right of public passage over the same, for subsurface installation and maintenance of any and all existing utilities that may be located within the right-of-way. Members of Council Page 5 October 10, 1994 aw If a plat of subdivision is not approved by the City, and recorded by the applicant, within a period of 12 months from the date of adoption of the ordinance providing for the closure of the subject right-of-way, then said ordinance shall be 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 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 August 17, 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 Joseph L. Anthony, Attorney, representing The Peter C. Snyder Residual Trust by Central Fidelity Bank and Georgia Anne Snyder- Falkinham, Successor Co-Trustees, requesting that an alleyway running between Norfolk Southern Railway right-of-way and U. S. Interstate Highway No. 581, bounded on both sides by two parcels of land owned by the petitioner and described as Official Tax Nos. 4013314 and 4013316 (207 Bullitt Avenue, S. E., and 715 Third Street, S. E.); and the spur of Third Street, S. E., extending between Bullitt Avenue and the alleyway, be permanently vacated, discontinued and closed. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm s / snyder Ene. pc: The Honorable Mayor and Members of the Roanoke City Council Joseph L. Anthony, Attorney, Stott and Anthony, Liberty Trust Building, Suite 700, 101 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 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: THE PETER C. SNYDER RESIDUAL TRUST, CENTRAL FIDELITY BANK AND GEORGIA ANNE SNYDER-FALKINHAM, Successor Co-Trustees, Petitioner by PETITION FOR VACATING, DISCONTINUING, AND CLOSING OF STREET AND ALLEY TO THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL: The petitioner, The Peter C. Snyder Residual Trust, by Central Fidelity Bank and Georgia Anne Snyder-Falkinham, Successor CO- Trustees ("Petitioner"), hereby petitions to have an alleyway (the "Alleyway")--running in Roanoke City between the Norfolk Southern (previously "Western") Railway right-of-way and U.S. Interstate Highway No. 581 ("U.S. 581") and bounded on both sides by real estate owned by the Petitioner--and the spur of Third Street, S.E. (the "3rd Street Spur")--running in Roanoke City between Bullitt Avenue, S.E., and the Alleyway and bounded on one side by U.S. 581 and on the other side by real estate owned by the Petitioner-- permanently vacated, discontinued, and closed, pursuant to § 15.1- 364 of the 1950 Code of Virginia, as amended (the "Virginia Code"), and § 30-14 of the Code of the City of Roanoke, 1979, as amended (the "City Code"). The Alleyway and the 3rd Street Spur to be vacated pursuant to this Petition are identified on the survey prepared for the Petitioner by Jack E. Bess dated October 19, 1989, which is recorded in the records of the Circuit Court for the City of Roanoke, Virginia, in Deed Book 1612 at page 349 and page 353, and attached hereto as EXHIBIT A. In support of this Petition, the Petitioner states as follows: 1. The construction of U.S. 581 Alleyway and 3rd Street Spur to the uses they were originally established/created. effectively closed the and purposes for which 2. Petitioner is the owner of two (2) parcels of land (recorded in the Circuit Court for the City of Roanoke, Virginia, in Deed Book 1612, at page 347 and Deed Book 1612, at page 351) immediately adjacent to the Alleyway and the 3rd Street Spur, with the Norfolk Southern Corporation ("Norfolk Southern") and the Virginia Department of Transportation ("VDOT") being the only other property owners with land immediately adjacent to the property to be vacated. The Petitioner's two (2) parcels of land are identified on the official Tax Maps as property Nos. 4013314 and 4013316. The street address for the two (2) parcels of land is 207 Bullitt Avenue, S.E., Roanoke, Virginia 24013 and the "property address" for the two parcels are 715 Third St., S.E., and 207 Bullitt Ave., S.E., respectively. 3. Norfolk Southern, as one of the two immediately adjoining property owners, supports this Petition. Attached hereto as EXHIBIT ~ is a letter from D.A. Gilbert, Manager of Grade Crossing Safety, Norfolk Southern, evidencing this fact. 4. The only other landowner with property immediately adjoining the property to be vacated (i.e., VDOT) has been notified and is in agreement with this Petition. 2 5. Attached hereto as EXHIBIT C is a list of the names, addresses, and Tax Map numbers for owners of lots/property across the streets/railroad from the property to be vacated. However, none of the properties listed in EXHIBIT C are immediately adjacent to the property to be vacated. 6. The property to be vacated is presently being used by the Petitioner. No other person/entity is using the property to be vacated for any purpose. No land owner/proprietor, other than Norfolk Southern and Petitioner, will be affected by the cities' vacation of the Alleyway and/or the 3rd Street Spur. 7. The Petitioner desires to use the property to be vacated for any future development of its property which is immediately adjacent to and adjoins the Alleyway and the 3rd Street Spur. WHEREFORE, Petitioner, The Peter C. Snyder Residual Trust, by Central Fidelity Bank and Georgia Anne Snyder-Falkinham, Successor Co-Trustees, respectfully requests that the above-described Alleyway and 3rd Street Spur, be permanently vacated, discontinued, and closed by the Council of the City of Roanoke, Virginia, all in accordance with Virginia Code § 15.1-364 and with City Code § 30- 14. Respectfully submitted this 16th day of August, 1994. THE PETER C. SNYDER RESIDUAL TRUST, CENTRAL FIDELITY BANK and GEORGIA ANNE SNYDER-FALKINHAM, Successor Co-Trustees by Counsel 3 Joseph L. Anthony, Esq. Virginia State Bar No. 15092 STOTT & ANTHONY, P.C. Liberty Trust Building, Suite 700 101 S. Jefferson Street Roanoke, Virginia 24011 (703) 345-7511 OWNER AND PETITIONER: The Peter C. Snyder Residual Trust, by Central Fidelity Bank and Georgia Anne Snyder-Falkinham Successor Co-Trustees 501 Rucker Road Blacksburg, Virginia 24060 ~~A~ne ~ Co- rus ee 4 NORF~)I.K ~{3UTI'IERN Nor~om Soulhern Corporation Sdre~y & Enwronmental Protection 110 F,anki~n Road. S.E. Roanoke. V~rg~ma 24042-0013 August 2, 1994 File: 6605-137 Central Fidelity Bank and Georgia Anne Snyder-Falkinham Co-Trustees Peter C. Snyder Residual Trust C/O Joseph L. Anthony Attorney 101 S. Jefferson St. Roanoke, VA 24011 Reference to o~r meeting of August 2nd and previous correspondence regarding development of the American Chemical property in Roanoke, VA. We at Norfolk Southern support your endeavors regarding development of the American Ch-m~cal Property. Our only concern has been to insure the safety of individuals along our right-of- way. As you have stated in the attached letter you would attempt to secure the property with fencing and landscaping along the west boundary, and all ingress and egress would be from Bullitt Avenue. We would like to formally request that the Alley crossing be closed and barricaded to all traffic. If approved by the Trustees and the City of Roanoke NS would remove the surface and signal lights at our own expense. Manager GC$ CC: Thomas Tasselli-City of Lawrence F. Sheffer C. J. Wehrmeister J. B. McCloskey J. W. Smith D. C. McKibben Roanoke RECEIVED AU6 ' 5 PETITION FOR VACATING, DISCONTINUING, AND CLOSING OF STREET AND ALLEY LOT/PROPERTY OWNERS ACROSS THE STREET/RAILROAD FROM THE PROPERTY TO BE VACATED: Official Tax Man No. Owners Name And Mailina Address 4012015 4012516 4013121 4013322 4013407 4013416 Dean S. & Delores H. Lloyd c/o Lloyd Electric Co. 605-3rd St., S.E. Roanoke, Virginia 24013 Willard E. & Doris W. Donald Rt. 1, Box 635 Vinton, Virginia 24179 Garland Ferguson 400 Roadstead CT Virginia Beach, Virginia 23462 City of Roanoke Redevelopment And Housing Authority 2724 Salem Turnpike, N.W. Roanoke, Virginia 24017 W. E. Cundiff Co., Inc. P.O. Box 458 Vinton, Virginia 24179 Richard A. & Nancy G. Dearing 328 Mountain Ave., S.W. Roanoke, Virginia 24016 And Clifford W. & Jessie F. Derey 328 Mountain Ave., S.W. Roanoke, Virginia 24016 / BULL. ITT 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 September 22, 1994 File #514 SANDRA H. EAKIN Deputy City Clerk Joseph L. Anthony, Attorney Stott and Anthony Liberty Trust Building Suite 700 101 S. Jefferson Street Roanoke, Virginia 24011 Dear Mr. Anthony: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, October 10, 1994, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of your clients, The Peter C. Snyder Residual Trust by Central Fidelity Bank and Georgia Anne Snyder-Falkinham, Successor Co-Trustees, that an alleyway running between Norfolk Southern Corporation Railway right-of-way and U. S. Interstate - 581, bounded on both sides by Official Tax Nos. 4013314 and 4013316; and the spur of Third Street, S. E., running between Bullitt Avenue and the aforedescribed alleyway bounded on one side by U. S. Interstate - 581 and by real estate owned by the petitioner on the other side, 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 abovedescribed request for 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 Oct Enc. pc: Crestar Bank, 2nd Floor, Crestar Plaza, Roanoke, Virginia 24011 Norfolk Southern Corporation, 110 Franklin Road, S. E., Roanoke, Virginia 24011 RO~-~,IOKS TI'~SS S ~n~ -~ - e AD NU~'4 ~ ER 923(33032 PUBLISH{:R'S F6F - $111,80 JOSEPH L &NTHONY, ESQ LIBERTY TRUST BLDG #700 iO1 S JEFFERSON ST P O'~NOK E V~ 24012 STATE OF VIRGINIA CITY OF ROANOKE qFFIDAVIT OF PLJ[~LICATION I, (THE UND£:&SI6NED) AN AUTHORIZED REPRESENTATIVE OF THE TIMEs-wORLD COR- PORATION, WHICH CORPORATION IS PUBLISHER OF THE ROANOKE TIMES & WORLD-NEwS, A DAILY NEWSPAPER PUSLISHED IN ROANOKE, tN THE STATE OF VIRGP~Ia, DO CERTIFY THAT THE ANNEXED NOTICE NAS PUBLISHED IN SAiD NEWSPAPERS ON THE FOLLOWING DATES 09/23/~4 MORNING 09/30/94 MORNING WITNESS, THIS 1 ' i, ,ER= 199~- ........................... AUIHORIZED SIGNATURE 1994 NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: The Council of the City of Roanoke will hold a Public Hearing on Monday, October 10, 1994, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber in the Municipal Building, 215 Church Avenue, $.W., on an application to permanently abandon, vacate, discontinue and close the following public right- of-way: (1) An alleyway running between the Norfolk Southern Corporation Railway right-of-way and U.S. Interstate-581, bounded on both sides by Official Tax Nos. 4013314 and 4013316, and (2) a spur of Third Street, S.E., running between Bullitt Avenue, S.E., and the aforedescribed alleyway bounded on one side by U.S. Interstate-581 and by real estate owned by Petitioner on the other side. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. Ail parties in interest may appear on the above date and be heard on the question. GIVEN under my hand this 215t day of September , 1994. Mary F. Parker, City Clerk. Publish in the Roanoke Times and World-News, once on Friday, September 23, 1994, and once on Friday', September 30, 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: Joseph L. Anthony, Attorney Stott and Anthony Liberty Trust Building Suite 700 101 S. Jefferson Street Roanoke, Virginia 24011 TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE STREET AND ALLEY CLOSURE 'Lf 0~i~? '-) ' Request from The Peter C. Snyder Residual Trust that a portion ) AFFIDAVIT of Third Street, S.E., and an adjoining alleyway be closed. ) COMMONWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) The affiant, Martha Pace Franklin, first being duly sworn, states that she Secretary of the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.1-341, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 29th day of August, 1994, notices of a public hearing to be held on the 7th day of September, 1994, on the closure captioned above to the owner or agent of the parcels listed below at their last known address: Parcel Owner. Agent or Occuoant Address 4013314 CrestarBank 4013316 2nd Floor, Crestar Plaza Roanoke, VA 24011 Norfolk Southern Corporation 8 N. Jefferson Street Roanoke, VA 24016 Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 29th day of August, 1994. Notary Public My Commission Expires: NOTICE OF PUBLIC HEARING BEFORE THE ROANOKE CITY PLANNING COMlVlISSION '9~ ';19 TO WHOM IT MAY CONCERN: The Roanoke City Planning Commission will hold a public hearing on Wednesday, September 7, 1994, at 1:30 p.m. or as soon 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: 1. The Peter C. Snyder Residual Trust, represented by Joseph L. Anthony, attorney, that a portion of Third Street, S.E., running between Bullitt Avenue, S.E., and an alleyway and bounded on the south side by U.S. 581 and on the north side by property bearing Official Tax No. 4013314; and an alleyway bounded on the north by property owned by Norfolk-Southern Corporation, on the south by the aforementioned section of Third Street, S.E., and 1-581, on the east by property beating Official Tax No. 4013314 and on the west by property bearing official tax no. 4013316, be permanently vacated, discontinued and closed. 2. Request from The Peter C. Snyder Residual Trust, represented by, Joseph L. Anthony, attorney, to amend Section 36.1-250 of the Code of the City of Roanoke, 1979, as amended, regarding special exception uses by adding the following new item: (8) General and professional offices and/or medical clinics, with multifamily dwellings located above the ground floor of such nonresidential uses, provided that: (a) The gross floor area of such uses exceeds twenty thousand (20,000) square feet; (b) The gross floor area to be used for general and professional offices and/or medical clinics exceeds six thousand (6,000) square feet; and (c) The gross floor area to be used for multifamily dwelling units exceeds ten thousand (10,000) square feet. A copy of said application is available for review in the Department of Planning and Community Development, 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, August 23, 1994 and Tuesday, August 30, 1994. Please bill: Joseph L. Anthony, Esq. Stott & Anthony, PC Liberty Trust Building, Suite 700 101 S. Jefferson Street Roanoke, VA 24012 345-7511 Please send affidavit of publication to: Department of Planning and Community Development 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 4.56 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk August 17, 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 Joseph L. Anthony, Attorney, representing The Peter C. Snyder Residual Trust by Central Fidelity Bank and Georgia Anne Snyder- Falkinham, Successor Co-Trustees, requesting that an alleyway running between Norfolk Southern Railway right-of-way and U. S. Interstate Highway No. 581, bounded on both sides by two parcels of land owned by the petitioner and described as Official Tax Nos. 4013314 and 4013316 (207 Bullitt Avenue, S. E., and 715 Third Street, S. E.); and the spur of Third Street, S. E., extending between Bullitt Avenue and the alleyway, be permanently vacated, discontinued and closed. Sincerely, ~)~ Mary F. Parker, CMC/AAE City Clerk MFP: sm s / snyder Enc o pc: The Honorable Mayor and Members of the Roanoke City Council Joseph L. Anthony, Attorney, Stott and Anthony, Liberty Trust Building, Suite 700, 101 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 STOTT & ANTI~ION¥ August 23, 1994 VIA FACSIMILE; PHONE NO. (703) 324-3018 Evelyn D. Dorsey Acting Zoning Administrator Department of Plannln9 And Community Development Zoning Division City of Roanoke Municipal Building, Room 16'7 215 Church Avenue, S.W. Roanoke, Virginia 24011 Re; Dear Ms. The Peter C. Snyder Residual Trust oevmlop~ent of the American Chemical Dorsey: Property We understand that you mat with the Planning Commission Ordinance Subco~g~ittee ("Subcommittee") yesterday to, inter al_~, consider The Peter C. Snyder Trust's Petition For A Zoning Ordinance Amendment. We appreciate your call regarding the Subcommittee's position. We understand that a prior owner of the Two parcels of land currently owned by The Peter C. 8nyder Trust ("Trust',) may have previously petitioned City Council to vacate the alleyway between the two parcels (the "Alleyway,,). We will attempt to determine whether a petition was in fact filed and acted upon. The Trust will further attempt to complete the Alleyway c!o~ure under that prior petition. Subsequently, the 'rru~t will petition to rezone the Trust's combined parcel, employing the adjacent 'property' to the centerline of Norfolk Southern's and VDOT's right-of-way to satisfy the two acre tract requirement. It is our understandln~ that thi~ approach is recommenaea Dy your office and the Subcommittee. Base~ upon our conversation and the approaoh outlined herein, the Trust hereby withdraws its Petition =o Amend Zonln~ Ordinance. We trust that you will work with us to accomplish the vacation of 00~ Evelyn D. Dorsey August 23, 1993 Page 2 the Alleyway and Third Street Spur. Further, we trust that you wall ~s~i~t us in rezoning the property for the proposed mixed Use development. We look forward to working with you and the City to accomplish this developmen& fo:' &h~ b~r~£it of the Trust and the City. Sincerely, JLA:ns STOTT & ~NTHONW, p.C. Georgia Anne Snyder-Falkinham, Co-Trustee Michael E. Snyder Lawrence F. She£fer 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 August 17, 1994 SANDRA H. EAKIN Deputy City Clerk 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 Joseph L. Anthony, Attorney, representing The Peter C. Snyder Residual Trust by Central Fidelity Bank and Georgia Anne Snyder-Falkinham, Successor Co-Trustees, requesting an amendment to the LM, Light Manufacturing District Zoning Classification, Special Exception Uses Category, to provide for development of a mixed use project comprised of generai and professional offices and/or medical clinics with multifamily dwellings to be located above the ground floor. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm r/SNYDER Enc. pe: The Honorable Mayor and Members of the Roanoke City Council Joseph L. Anthony, Attorney, Stott and Anthony, Liberty Trust Building, Suite 700, 101 S. Jefferson Street, Roanoke, Virginia 24011 John R. Marlles, Agent, City Planning Commission Evelyn D. Dorsey, Acting Zoning Administrator Ronaid H. Miller, Building Commissioner Steven J. Taievi, 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 24011-1536 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk October 28, 1994 File #514 Tamalyn R. Reed, Agent 4245 Sharolyn Drive, S. W. Roanoke, Virginia 24018 Dear Ms. Reed: I am enclosing copy of Ordinance No. 32218-102494 permanently vacating, discontinuing and closing a portion of 6 1/2 Street, S. E., bounded on the north by the southern boundary of Morrill Avenue, S. E., bounded on the west by the eastern boundary of Official Tax No. 4141409, and bounded on the east by the western boundary of Official Tax No. 4141530. Ordinance No. 32218-102494 was adopted by the Council of the City of Roanoke on first reading on Monday, October 10, 1994, also adopted by the Council on second reading on Monday, October 24, 1994, and will take effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Ene o pc: Ms. Minerva McGee, 657 Morrill Avenue, S. E., Roanoke, Virginia 24013 Mr. Leo Welch, 1511 Wilson Street, S. E., Roanoke, Virginia 24013 Ms. Sharon Hartwell, 1414 6 1/2 Street, S. E., Roanoke, Virginia 24013 Mr. James Rayfield, 666 Morrill Avenue, S. E., Roanoke, Virginia 24013 Ms. Linda Boothe, 662 Morrill Avenue, S. E., Roanoke, Virginia 24013 MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke. Virginia 24011-1536 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk October 28, 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. 32218-102494, for proper recordation in your office, permanently vacating, discontinuing and closing a portion of 6 1/2 Street, S. E., bounded on the north by the southern boundary of Morrill Avenue, S. E., bounded on the west by the eastern boundary of Official Tax No. 4141409, and bounded on the east by the western boundary of Official Tax No. 4141530. Ordinance No. 32218-102494 was adopted by the Council of the City of Roanoke on first reading on Monday, October 10, 1994, also adopted by the Council on second reading on Monday, October 24, 1994, and will take effect ten days following the date of its second reading. Sincerely, ft~.~_.~_ Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. pc: Tamalyn R. Reed, Agent, 4245 Sharolyn Drive, S. W., Roanoke, Virginia 24018 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of October, 1994. No. 32218-102494. 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, Beatrice T. Witt, 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 S30-14, 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 October 10, 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 inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing said public right-of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: That portion of 6 1/2 Street, S.E., bounded on the north by the southern boundary of Morrill Avenue, S.E., on the west by the eastern boundary of Tax Map No. 4141409, and on the east by the western boundary of Tax Map No. 4141530, 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 Councll 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, 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 land sufficient in size to provide for the construction of a public turnaround; 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 Beatrice T. Witt, and the names of any other parties in interest who may so request, as Grantees. ATTEST: City Clerk. 4 Roanoke City Planning Commission October 10, 1994 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request from Beatrice T. Witt to close and permanently vacate a portion of 6 1/2 Street, S.E., as the same lies between Official Tax Nos. 4141409 and 4141530. Street section reouested for closure extends between the residential properties of the applicant located at 663 and 657 Morrill Avenue, S.E. ~ that extends between these properties is an undeveloped "paper street", 40' in width and approximately 135' in length. Co Public right-of-way of 6 1/2 Street. S,E. terminates in a dead-end at the rear of the residential properties as described in Section A., above. II. Current Situation: Apt~lication to close and vacate subject section of 6 1/2 Street, S.E., was initially presented to the Planning Commission on July 6, 1994. Application was signed and presented on behalf of the applicant, Mrs. Beatrice T. Witt, by a third party, Ms. Tamalyn R. Reed. Application as presented failed to verify that the third party was duly authorized by the applicant to act on her (Witt) behalf. Planning Commission continued the matter to allow the applicant ample time to provide this necessary legal authorization. A lication a amended to provide appropriate authorization was reviewed by the Planning Commission at its next scheduled meeting on September 7, 1994. There was no one present to speak either in opposition or in favor of the request. Applicant desires to use the land within the undeveloped portion of street for future development. Room 162 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2344 Members of Council Page 2 October 10, 1994 D. Closure and vacation of the subject section of undeveloped public fight-of-way will create a dead-end street right-of-way. General policy of the Planning Commission is to avoid the creation of dead-end streets. III. Issues: A. Neighborhood impact. B. Traffic impact. C. Utilities in the public right-of-way. D. Creation of a dead-end street. E. Land use. F. Intent of the comprehensive plan_ IV. Alternatives: A. City Council approve the applicant's request to 910s~ and vacate the described section of 6 1/2 Street, S.E., subject to certain conditions outlined in Part V. of this report. 1. Neiehborhood impact. Section of street requested for closure is undeveloped and has thus never been open to public use. Closure would have no effect on the neighborhood. 2. Traffic impact. City has no current or future need for this section of street for traffic purposes. 3. Utilities in the public right-of-wi~y. a. City has no utilities within the section of street requested for closure. b. Appalachian Power Company has facilities within the right-of-way. 4. Creation of a dead-end ~treet. a. Paved (developed) section of 6 1/2 Street, S.E., currently terminates in a dead-end. City-owned public right-of-way continues on to an intersection with Morrill Avenue, S.E. Members of Council Page 3 October 10, 1994 Closure and vacation of the subject section of street will establish a permanent dead-end at the proposed terminus of the street fight- of-way. Closure should be conditioned upon the applicant dedicating an area at the proposed new terminus of the street, sufficient to provide for a public turnaround. Land use. Closure and vacation of this section of street will create a new lot line at the terminus of the vacated fight-of-way. Subdivision plat should be required to legally establish new lot lines. Intent of the comprehensive plan. Request is consistent with the intent of the comprehensive plan that available land should be used in the most appropriate manner. Land within the undeveloped section of street has remained idle and unproductive for many years. Owner can utilize the land in a more efficient and productive manner. City Council deny the applicant's request to close and vacate the described section of 6 1/2 Street, S.E. 1. ~ h~t~2~l~Lill~a~ would not be an issue. 2. Traffic impact would not be an issue. 3. Utilities within the fight-of-way would not be an issue. 4. Creation of a dead-end alley would not be an issue. Land use. Retaining this undeveloped and unneeded section of public fight-of-way would be inconsistent with good land use practices. Intent of the comprehensive plan. Retaining this undeveloped and unneeded section of right-of-way would be inconsistent with the intent of the comprehensive plan. City will retain a street section for which it has no need or purposes. bo Owner will not be able to develop and use the land within the right-of-way for productive purposes. Members of Council Page 4 October 10, 1994 Land within the right-of-way will remain in a non-taxable status. City will retain the obligation of maintaining the land within the right-of-way. Planning Commission, by a vote of 5-0 (Messrs. Buford and Price absent) recommended that City Council approve the applicant's request to close and vacate the described section of 6 1/2 Street, S.E., subject to the following conditions: The applicant shall submit to the City for its review and approval, receive approval of, and record in the office of the Roanoke City Circuit Court, a subdivision plat, providing for the following: The disposition of the land within the right-of-way to be vacated, in a manner consistent with the requirements of Chapter 31, Subdivisions, of the Code of the City of Roanoke (1979), as amended. The retention of appropriate easements, together with the right of public passage over the same, for surface and subsurface installation and maintenance of any and all existing utilities that may be located within the alley right-of-way. The dedication thereon of land, sufficient in size to provide for the construction of a public turnaround. If a plat of subdivision is not approved by the City and recorded by the applicant within a period of 12 months from the date of the adoption of the ordinance providing for the closure of the subject right-of-way, then said ordinance shall be null and void with no further action by City Council being necessary. Respectfully submitted, JRM:ERT:mpf attachments cc: Assistant City Attorney City Engineer Building Commissioner Attorney for the Petitioner Charles A. Price, Jr., Chairman Roanoke City Planning Commission IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: ) Application of Beatrice T. Witt ) for vacation of a portion of ) 6 1/2 Street, S.E. ) APPLICATION FOR VACATING, DISCONTINUING AND CLOSING A PORTION OF 6 1/2 STREET, S.E. MEMBERS OF COUNCIL: closed, 30-14, portion southern boundary of Morrill Avenue, Beatrice T. Witt, applies to have 6 1/2 Street, S.E., in the City of Roanoke, Virginia, permanently vacated, discontinued and pursuant to Virginia Code Section 15.1-364 and Section This Code of the City of Roanoke (1979), as amended. of 6 1/2 Street, S.E. is bounded on the north by S.E], on the west by eastern boundary of Tax Map No. western boundary of Tax Map No. the 4141409, 4141530. the and on the east by the This segment of 6 1/2 Street, 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 6 1/2 Street, S.E. currently provides no through access to the public, inasmuch as its northern terminus is currently a dead end adjacent to the southern boundary of Tax Map No. 4141530. The public-at-large will not be inconve- nienced or burdened by the vacation. 2. The applicant is the only adjacent property owner on the east and west sides of this segment of 6 1/2 Street, S.E. 3. The property to be vacated is presently not being used, yet it is continually maintained by the applicant. The applicant desires to use the property to be vacated for development. 4. The applicant is aware of no objection to the vacation here applied for. WHEREFORE, Beatrice T. witt respectfully requests that the above-described portion of 6 1/2 Street, 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. I, Beatrice T. Witt, by my signature, hereby grant Tamalyn R. Reed authority to act as my agent regarding the application for vacation of that portion of 6 1/2 Street adjacent to Tax Map Num- bers 4141409 and 4141530, and to accept all conditions to the closure. Beatrice T. Witt STATE OF VIRGINIA CITY OF ROANOKE The foregoing instrument was July 25, 1994, by Beatrice T. Witt. My commision expires acknowledged before me on Notary Public Tamalyn R. Reed 4245 Sharolyn Drive Roanoke, Virginia 24018 (703) 989-5870 Acting Agent for Petitioner Respectfully submitted, Tamalyn fR. Reed, Acting as Agent for Beatrice T. Witt STREET CLOSURE Portion 6 112 Street MILL Location Map ] Location Map ] Proposed Street Closure 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 September 22, 1994 SANDRA H. EAKIN Deputy City Clerk File #514 Tamalyn R. Reed, Agent 4245 Sharolyn Drive, S. W. Roanoke, Virginia 24018 Dear Ms. Reed: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, October 10, 1994, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Beatrice T. Witt that a portion of 6 1/2 Street, S. E., bounded on the north by the southern boundary of Morrill Avenue, S. E., bounded on the west by the eastern boundary of Official Tax No. 4141409, and bounded on the east by the western boundary of Official Tax No. 4141530, 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 andifyou have questions, youmay 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 Oct Enc. pc: Ms. Minerva McGee, 657 Morrill Avenue, S. E., Roanoke, Virginia 24013 Mr. Leo Welch, 1511 Wilson Street, S. E., Roanoke, Virginia 24013 Ms. Sharon Hartwell, 1414 6 1/2 Street, S. E., Roanoke, Virginia 24013 Mr. James Rayfield, 666 Morrill Avenue, S. E., Roanoke, Virginia 24013 Ms. Linda Boothe, 662 Morrill Avenue, S. E., Roanoke, Virginia 24013 AD NIJMb[ER - ~2303010 PUBLISHEN*S FEF - CITY OF ROANOKE C/O MARY F P~RKER CITY CLERKS OFFICE ROOM 450 MUNICIPAL BLDG ~OANOKE V~ 24011 STATE OF VIRGINIA CITY OF ROANOKE AFFIDAVIT OF PULSL ICATI ON I, (THE UNDERSIGNED) AN AUTHORIZED REPRESENTATIVE OF THE TIMES-WORLD COR- PORATION, WHICH CORPORATION IS PUBLISHER OF THE ROANOKE TIMES & WORLD-NEWS, A DAILY NEWSPAPSR PU~LISr!ED IN ROANUKE, IN THE STATE OF VIRGINt), DO CERTIFY THAT THE ANNEXFD NOTIC~ wAS PUBLISHED IN SAID NEWSPAPERS lin THE FOLLOWING DATES 09/23/94 MORNING 09/30/94 MORNING WITNESS, THIS 1ST~ OF/~gC TO~ER 1~94 ~UTHORIZED SIGNATURE c~, o~ NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: The Council of the City of Roanoke will hold a Public Hearing on Monday, October 10, 1994, at 7:00 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 portion of 6 1/2 Street, S.E., bounded on the north by the southern boundary of Morrill Avenue, S.E., on the west by the eastern boundary of Tax Map No. 4141409, and on the east by the western boundary of Tax Map No. 4141530. 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 215t~ day of September , 1994. Mary F. Parker, City Clerk. Publish in the Roanoke Times and World-News, once on Friday, September 23, 1994, and once on Friday, September 30, 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 Tamalyn R. Reed, Agent 4245 Sharolyn Drive, S. W. Roanoke, Virginia 24018 :'7 TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE STREET CLOSURE REQUEST OF: Request from Beatrice T. Witt to close a portion of 6 1/2 )AFFIDAVIT Street, S.E. ) COMMONWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary of the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.1-341, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 29th day of August, 1994, notices of a public hearing to be held on the 7th day of September, 1994, on the closure captioned above to the owner or agent of the parcels listed below at their last known address: Owner, Agent or Occupant Minerva McGee Parcel 4141411 4141523 Leo Welch Sharon Hartwell 4141531 Address 657 Morrill Avenue Roanoke, VA 24013 1511 Wilson Street Roanoke, VA 24013 1414 6 1/2 Street, SE Roanoke, VA 24013 4140944 666Morrill Avenue Roanoke, VA 24013 James Rayfield 4140945 Linda Boothe 662 Morrill Avenue 4140946 Roanoke, VA 24013 4140947 h~vlartha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 29th day of August, 1994. - Nota~ Public My Commission Expires: .//- 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) 981-254l SANDRA H. EAKIN Deputy City Clerk August 9, 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 amended application from Tamalyn R. Reed, Agent, representing Beatrice T. Witt, requesting that a portion of 6 1/2 Street, S. E., bounded on the north by the southern boundary of Morrill Avenue, S. E., bounded on the west by the eastern boundary of Official Tax No. 4141409, and bounded on the east by the western boundary of Official Tax No. 4141530, be permanently vacated, discontinued and closed. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm s/witt Eno. pc: The Honorable Mayor and Members of the Roanoke City Council Tamalyn R. Reed, Agent, 4245 Sharolyn Drive, S. W., Roanoke, Virginia 24018 John R. Marlles, Agent, City Planning Commission Evelyn D. Dorsey, Acting Zoning Administrator Ronald H. Miller, Building Commissioner Steven J. Talevi, Assistant City Attorney TO THE CITY CLERK OF THE CITY OF ROANOKE, ViRGiN~ PERTAINING TO THE STREET CLOSURE REQUEST OF: Request from Beatrice T. Witt to close a portion of 6 1/2 Street, S.E. COMMONWEALTH OF VIRGINIA )AFFIDAVIT ) ) ) TO-WIT: CITY OF ROANOKE ) The affiant, Geraldine S. Aldridge, first being duly sworn, states that she is secretary in the Planning and Community Development Office, 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 mall on the 25th day of July, 1994, notices of a public hearing to be held on the 3rd day of August, 1994, on the closure captioned above to the owner or agent of the parcels listed below at their last known address: Parcel 4141411 Owner, Agent or Occupant Minerva McGee 4141523 Leo Welch Sharon Hartwell James Rayfield Linda Boothe 4141531 Address 657 Morrill Avenue Roanoke, VA 24013 1511 Wilson Street Roanoke, VA 24013 1414 6 1/2 Street, SE Roanoke, VA 24013 666 Morrill Avenue Roanoke, VA 24013 662 Morrill Avenue Roanoke, VA 24013 4140944 4140945 4140946 4140947 Geraldine S. Aldridge ~ SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 25th day of July, 1994. N~tary Public My Commission Expires: June 20, 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 Tamalyn R. Reed, Agent, representing Beatrice T. Witt, requesting that a portion of 6 1/2 Street, S. E., bounded on the north by the southern boundary of Morrill Avenue, S. E., bounded on the west by the eastern boundary of Official Tax No. 4141409, and bounded on the east by the western boundary of Official Tax No. 4141530, be permanently vacated, discontinued and closed. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm s / witt gne o 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 Tamalyn R. Reed, Agent, 4245 Sharolyn Drive, S. W., Roanoke, Virginia 24018 John R. Marlles, Agent, City Planning Commission Evelyn D. Dorsey, Acting Zoning Administrator Ronald H. Miller, Building Commissioner Steven J. Talevi, Assistant City Attorney Room 456, Municipal Building 215 Chumh Avenue, S.W., Roanoke, Virginia 24011 (703) 981-2541 TO THE CITY CLERK OF THE CITY OF ROANO~;i VIRGINIA ~ ['~ PERTAINING TO THE ALLEY CLOSURE REQUEST OF: '94 Request from Beatrice T. Witt to close a portion of 6 1/2 Street, S.E. )AFFIDAVIT ) 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 mall on the 27th day of June, 1994, notices of a public hearing to be held on the 6th day of July, 1994, on the closure captioned above to the owner or agent of the parcels listed below at their last known address: Parcel .Owner, Aeent or Occupant 4141411 Minerva McGee 4141531 Sharon A. Hartwell Address 657 Morrill Avenue Roanoke, VA 24013 1414 6 1/2 Street Roanoke, VA 24013 Mahha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 27th day of June, 1994. My Commission Expires: Notary Public MARY F. PARKER, CMC/AAE Cily Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk October 26, 1994 Tamalyn R. Reed, Agent 4245 Sharolyn Drive, S. W. Roanoke, Virginia 24018 Dear Ms. Reed: I am enclosing copy of an invoice from the Roanoke Times & World-News for advertising the notice of public hearing on Friday, September 23, 1994, and Friday, September 30, 1994, in connection with the request of Beatrice T. Witt that a portion of 6 1/2 Street, S. E., bounded on the north by the southern boundary of Morrill Avenue, S. E., bounded on the west by the eastern boundary of Official Tax No. 4141409, and bounded on the east by the western boundary of Official Tax No. 4141530, be permanently vacated, discontinued and closed. Please remit your check, made payable to the City of Roanoke, in the amount of $96.20, to the City Clerk's Office, Room 456, Municipal Building, 215 Church Avenue, S. W., Roanoke, Virginia 24011-1536, by Friday, November 4, 1994. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm ~,,ne. MARY F. PARKER, CMC/AAE Cily Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S,W.. Room 456 Roanoke, Virginia 24011-1536 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk October 28, 1994 File #514 Wayne L. Cook, President Comachi Corporation 2480 Patterson Avenue, S. W. Roanoke, Virginia 24016 Dear Mr. Cook: Ordinance No. 32219, on second reading, permanently vacating, discontinuing and closing a portion of Baker Avenue, between 25th Street and 30th Street, N. W., was before the Council of the City of Roanoke at a regular meeting held on Monday, October 24, 1994. By unanimous consent of the Council, action on the second reading of Ordinance No. 32219 was deferred until the next regular meeting of Council on Monday, November 14, 1994, at 10: 00 a.m., or as soon thereafter as the matter may be heard. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm pc: Mr. Joe C. Stewart, c/o Roanoke Livestock Market, P. O. Box 6641, Roanoke, Virginia 24017 Jeanne Sanborn, Agent, Real Estate and Contract Services, Norfolk Southern Corporation, 110 Franklin Road, S. E., Roanoke, Virginia 24042-0059 Neva H. Smith, Executive Director, City of Roanoke Redevelopment and Housing Authority, 2624 Salem Turnpike, N. W., Roanoke, Virginia 24017 Mr. Steve Cocanougher, 14 - 27th Street, N. W., Roanoke, Virginia 24017 Mr. Timothy J. Sarver, P. O. Box 11781, Roanoke, Virginia 24022 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, 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, Comachi Corporation, 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 S30-14, 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 October 10, 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 portion of Baker Avenue, N.W., between 25th Street and 30th Street, N.W., 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. 2 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, 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 dedication of land sufficient in size to provide for the construction of a public turnaround at the terminus of 30th Street, N.W.; and constructing a public turnaround at the terminus of 30th Street, N.W., in accordance with City standards and specifications, and Applicant shall submit to the Agent to the Commission the plan and profile of said turnaround for review and approval prior to commencement of construction; and in the event these conditions have not been met and the said plat has not been recorded in the Office of the Clerk of Circuit Court within twelve (12) months from the effective date of this ordinance, this ordinance shall become null and void with no further action by City Council being necessary. BE IT FURTHER ORDAINED that the City Engineer be, and he is, directed to mark "permanently vacated" on said public right-of-way on all maps and plats on file in his office on which said right-of- way is shown, referring to the book and page of ordinances and resolutions of the Council of the City of Roanoke, Virginia, 3 wherein this ordinance shall be spread. BE IT 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 Comachi Corporation, and the names of any other parties in interest who may so request, as Grantees. ATTEST: City Clerk. 4 ~ NORFOLK SOUTHERN Norfolk Southern Corporation Real Estate and Contract Services 110 Franklin Street, SE Roanoke, VA 24042-0059 October 21, 1994 J~M..S~oborn R~I/E~e Agent My Direct Line Is: Phone: (703) Sg 1-4920 FAX: (703) 981-4226 File: ROANOKE, VA BAKER STREET CLOSING E. Robert Herbert City Manager City of Roanoke 215 Church Avenue Roanoke, Virginia 24011 Dear Mr. Herbert: This letter is in reference to the proposed partial closing of Baker Street in Roanoke, Virginia. Norfolk Southern Corporation strongly opposes the partial closing of Baker Street. We feel the closure of the street would be detrimental because it would create a negative impact on the access to our adjoining property. This route of entry via Baker Street is vital to the efficient delivery of diesel fuel to our storage facility and we do not want to compromise this delivery in any way. We regret this response is being presented to the City on this late date of review by City Counsel, however, this office was not notified until a few days ago of this matter nor the recommendation previously made by the City Planning Commission to partially close the street. Thank you in advance for your consideration on behalf of Norfolk Southern Corporation. Sincerely, Real Estate Agent cc: J.R. Marlles - Chief of Planning & Community Development, Roanoke, VA ,/qVIary Parker - City Clerk, Roanoke, VA Operating Subsidiaries: Norfolk Southern Railway Company / North American Van Lines, Inc. Roanoke City Planning Commission October 10, 1994 The Honorable David A. Bowers, Mayor and Members City Council Roanoke, Virginia Dear Members of Council: Subject: Request from COMACHI CORPORATION, Wayne L. Cook, President, that Baker Avenue, N.W., between 25th and 30th Streets, N.W., be permanently vacated, discontinued and closed. I. Bac_ackk round: Baker Avenue, N.W., as requested for closure, extends between 25th and 30th Streets, N.W. This two block section of street was at one time open to public traffic as a section of the City's public street system (see attached map A). Section currently reo_uested for closure is in poor condition and has been physically barricaded by the City at four locations along the two block section of public right-of-way. Co Owners of proverties abutting the subject two-block section of public right-of-way are listed in City real estate records as follows: Lots abutting the north side of Baker Street as the same extends between 27th Street and 30th Street, N.W., are listed as follows: Tax parcels 2410301 through 2410310 Redevelopment and Housing Authority Tax parcel 2410315 - Steve Cocanougher Tax parcel 2410216 - Timothy J. Sarver - City of Roanoke Lots abutting the north side of Baker Street as the same extends between 25th and 27th Streets, N.W., are listed as follows: Tax parcels 2410414 through 2410420 - Joe C. Stewart, Roanoke Livestock Market Room 162 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2344 Members of Council Page 2 Land abutting the south side of both sections of the subject street is owned by the Norfolk and Southern Railway Company (see attached Map A). Application was reviewed by the Planning Corn, ss,on at its regular meeting on September 7, 1994. There was no one present to speak either in favor or in opposition of the request. Aonlicant. Comachi Co _rporation, desires to close the section of Baker Street between 25th and 27th Streets for the purpose of utilizing the land within the vacated right-of-way for new building construction, expansion; i.e., parking, security, etc. Sections of street rieht-of-way, as requested for closure, have been physically closed and barricaded for a number of years. City has no current or future plans to utilize this section of street right-of-way for public purposes. III. Issues: ~ is not aware of any current plans for new construction on properties adjacent to the north side of the other section of Baker Street that extends between 27th and 30th Streets, N.W. A number of lots in this block, however, have been sold and transferred in recent months. 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 comprehensive plan. IV. Alternatives: City Council approve the applicant's reo_uest to close and permanently vacate the described sections of Baker Avenue subject to certain conditions as outlined in part V of this report. Members of Council Page 3 o C mmunit im act: ao Street sections have been barricaded for a number of years. Closure should have little, if any, impact on other abutting properties in the community. City staff has not received any calls from abutting property owners opposing the request to close the subject street sections. Traffic imvact: Closure will have no impact on traffic or traffic needs. Utilities within the _~ublic rieht-of-way: a. City has no utilities within the public right-of-way. Staff has not received any request from any private utility company to reserve utility easements. Creation of a dead-end street: Closure of Baker Street, N.W., between 25th and 30th Street, N.W., will create a dead-end right-of-way at the terminus of 30th Street, N.W. bo Planning Commission policy is to require the dedication and/or construction of a public turnaround in such instances where it deems the same to be necessary. Dead-end at the terminus of 27th Street by barricade has existed for a number of years. Land Closure, as requested, will landlock tax parcels 2410414 through 2410419. Subdivision plat should be required for the purpose of combining these lots into one or more larger tracts with existing street frontage(s). 6. Relationship to the comprehensive plan: Members of Council Page 4 Request is consistent with the intent of the comprehensive plan that available land should be used in the most appropriate manner. bo Land within the barricaded sections of public right-of-way has remained idle and unproductive for many years. Abutting owners can utilize the land within the area in a more productive manner. City Council deny the am>licant's rco_uest to close and vacate the described sections of Baker Avenue, N.W. 1. F~ will not be an issue. 2. ~ will not be an issue. 3. Utilities within the ~ublic right-of-way will not be an issue. 4. Creation of a dead-end street will not be an issue. o ~_.~___~[_g_~: Land within the right-of-way will remain idle and unproductive. Relationshin to the comprehensive plan: Retaining City ownership of land for public use and purposes where no public use or purpose can be served would be inconsistent with the intent of the comprehensive plan. By a vote of 5-0 (Mr. Buford and Mr. Bradhsaw absent), the Planning Commission recommended that City Council approve Alternative A thereby approving the applicant's request to close and permanently vacate the described sections of Baker Avenue, N.W., subject to the following conditions: Ao The applicant shall submit to the City, for its review and approval, 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 right-of-way to be vacated, in a manner consistent with the requirements of Chapter 31, Subdivisions of the City Code (1979), as amended. The dedication thereof on land sufficient in size to provide for the construction of a public turnaround at the terminus of 30th Street, N.W., Members of Council Page 5 JRM:ERT: mpf attachments CC.' with the alignment of said turnaround to be as determined by the Agent to the Planning Commission. The applicant shall construct a public turnaround at the terminus of 30th Street, N.W., in accordance with current City standards and specifications and shall further submit to the Agent to the Commission a plan and profile of said turnaround for the City's review and approval prior to the commencement of construction. If the plat of subdivision is not approved by the City, and recorded by the applicant within a period of 12 months from the date of the adoption of the ordinance providing for this closure, 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 Assistant City Attorney Director of Public Works City Engineer Building Commissioner Petitioner IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: ) ) ) Application of COMACHI CORPORATION) for vacation of BAKER STREET ) (BETWEEN 25TH & 30TH) ) APPLICATION FOR VACATING, DISCONTINUING AND CLOSING OF BAKER STREET (BETWEEN 25TH & 30TH STRFET) MEMBERS OF COUNCIL: COMACHI CORPORATION applies to have BAKER STREET, between 25th and 30th Streets, 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 on the City Map-Numbered 241 attached. Four (4) guard rails across Baker Street now closes this section to traffic. COMACHI CORPORATION states that the grounds for this application are as follows: 1. This section of Baker Street is unused and currently blocked by guard rails. 2. COMACHI CORPORATION desires to use the property to be vacated for building expansion. COMACHI CORPORATION . 2480 Patterson Avenue, SW Roanoke, Virginia 24016 Telephone: 982-1095 DATED: August 8, 1994 North -,.._ PROPOSEDSTREET CLOSURE Dead-end , ~ sed ew B · Cons~cti .. B~icade ,~, ...... on Ba~icade , B~icade MAP A PROPOSED STREET CLOSURE 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 September 22, 1994 SANDRA H. EAKIN Deputy City Clerk File #514 Wayne L. Cook, President Comachi Corporation 2480 Patterson Avenue, S. W. Roanoke, Virginia 24016 Dear Mr. Cook: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, October 10, 1994, at 7:00 p.m., or as soon thereafter as the matter may be heard, on your request that a portion of Baker Avenue, between 25th Street and 30th Street, N. W., 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. arker, CMC/AAE City Clerk MFP: sm Oct Enc. pc' Mr. Joe C. Stewart, c/o Roanoke Livestock Market, P. O. Box 6641, Roanoke, Virginia 24017 Norfolk Southern Corporation, 110 Franklin Road, S. E., Roanoke, Virginia 24042-0059 Wayne L. Cook September 22, 1994 Page 2 Neva H. Smith, Executive Director, City of Roanoke Redevelopment and Housing Authority, 2624 Salem Turnpike, N. W., Roanoke, Virginia 24017 Mr. Steve Cocanougher, 14 - 27th Street, N. W., Roanoke, Virginia 24017 Mr. Timothy J. Sarver, P. O. Box 11781, Roanoke, Virginia 24022 PU~,~LISH!--R'S FEF - $B3.20 COM~CHI COKPORATION WAYNE Lo COOK, PRES. 2480 PATTERSON aVENUE, S ROANOK~ Va 24016 STATE OF VIRGINIA CITY OF ROANOKE AFFIDAVIT OF PUBLICATION I~ [THE UNDERSIGNEDI AN AUTHORIZED REPRESENTATIVE OF THE TIMES-WORLD COR- PORATION9 ~HICH CORPORATION IS PUBLISHER i]F THE ROANOKE TIHES g NORLD-NEwS~ A DAILY NENSPAPER PO~LISHED IN ROANOKE, IN TH~ STATE OF VIR(~INIA, DO CERTIFY THAT THE ANNEXED NOTICE NAS PUBLISHED IN SAID NEWSPAPERS ON TH~ FOLLONING DATES 09/23/9~ MORNING 09/30/94 MORNING WITNESS, THIS 1S~OF OCTOBER 199~ AUTH(~R IZED SIGNATURE NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: The Council of the City of Roanoke will hold a Public Hearing on Monday, October 10, 1994, at 7:00 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 portion of Baker Avenue, N.W., between 25th Street and 30th Street, N.W. 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 215t day of September , 1994. Mary F. Parker, City Clerk. Publish in the Roanoke Times and World-News, once on Friday, September 23, 1994, and once on Friday, September 30, 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: Wayne L. Cook, President Comachi Corporation 2480 Patterson Avenue, S. W. Roanoke, Virginia 24016 TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE STREET AND ALLEY CLOSURE REQUEST OF: Request from COMACHI Corporation that Baker Avenue, between ) AFFIDAVIT 25th and 30th Street, N.W., be be closed. ) COMMONWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) The affiant, Martha Pace Franklin, first being duly sworn, states that she Secretary of the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.1-341, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 29th day of August, 1994, notices of a public hearing to be held on the 7th day of September, 1994, on the closure captioned above to the owner or agent of the parcels listed below at their last known address: Parcel Owner. Agent or Occupant Address Joe C. Stewart c/o Roanoke Livestock Market 2410414 through 2410420 2410301 through 2410310 2410315 2410316 Norfolk Southern Corporation Roanoke Redevelopment and Housing Authority P. O.Box 6641 Roanoke, VA 24017 Steve Cocanougher 8 N. Jefferson Street Roanoke, VA 24016 Timothy J. Sarver P. O. Box 6359 Roanoke, VA 24017 Iv'lartha Pace Franklin 14 27th Street, NW Roanoke, VA 24017 P. O. Box 11781 Roanoke, VA 24022 SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 29th day of August, 1994. No'ff~y Public My Commission Expires: (:iTY NOTICE OF PUBLIC HEARING BEFORE THE ROANOKE CITY PLANNING COMMISSION TO WHOM IT MAY CONCERN: '94 The Roanoke City Planning Commission will hold a public hearing on Wednesday, September 7, 1994, at 1:30 p.m. or as soon 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 COMACHI CORPORTATION, Wayne L. Cook, President, that Baker Avenue, N.W., between 25th and 30th Streets, N.W., be permanently vacated, discontinued and closed. A copy of said application is available for review in the Department of Planning and Community Development, 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, August 23, 1994 and Tuesday, August 30, 1994. Please bill: Frank W. Martin Martin Homes, Irc. 5221 Starkey Road, SW Roanoke, VA 24014 989-5127 Please send affidavit of publication to: Department of Planning and Community Development 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) 981-2541 SANDRA H. EAKIN Deputy City C erk August 18, 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 Wayne L. Cook, President, Comachi Corporation, requesting that a portion of Baker Avenue, between 25th Street and 30th Street, N. W., be permanently vacated, discontinued and closed. Sincerely, CMC/AAE City Clerk MFP: sm s / baker Eno. pc: The Honorable Mayor and Members of the Roanoke City Council Wayne L. Cook, President, Comachi Corporation, 2480 Patterson Avenue, S. W., Roanoke, Virginia 24016 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 HEARING BE~OR~ TI-IE ROANOKE CITY PLANNING COMMISSION TO WHOM IT MAY CONCERN: '94 ? !7 'I(¢ !!I'1:1':. ' The Roanoke City Planning Commission will hold a public heating on Wednesday, October 5, 1994, at 1:30 p.m. or as soon 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 Wayne L. Cook that an alley extending in a southerly direction from 25th Street, N.W., to a 10-foot alley intersecting Shenandoah Avenue and 24th Street, N.W., be permanently vacated, discontinued and closed. A copy of said application is available for review in the Department of Planning and Community Development, 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, September 20, 1994 and Tuesday, September 27, 1994. Please bill and send affidavit of publication to: Department of Planning and Community Development Room 162, Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 MARY F. PARKER, CMC/AAE Cit~ Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk October 28, 1994 File #514 David A. Camper, President Habitat for Humanity in the Roanoke Vailey, Inc. Jefferson Center 541 Luck Avenue, S. W. Suite 310 Roanoke, Virginia 24016 Dear Mr. Camper: I am enclosing copy of Ordinance No. 32220-102494 permanently vacating, discontinuing and closing a certain 250 foot portion of Spottswood Avenue, S. W., bounded on the north by Cleveland Avenue, on the west by Official Tax No. 1221009, on the east and south by property owned by Norfolk Southern Corporation, and on the east by Official Tax No. 1221101; and ail of that certain 15 foot wide alley bordered on the north by Cleveland Avenue, on the west by Official Tax No. 1221101, and on the east and south by land of Norfolk Southern Corporation. Ordinance No. 32220-102494 was adopted by the Council of the City of Roanoke on first reading on Monday, October 10, 1994, aiso adopted by the Council on second reading on Monday, October 24, 1994, and will take effect ten days following the date of its second reading. Sincerely, Mary ;.~arker, CMC/AAE City Clerk MFP: sm EnD. pc: Mr. and Mrs. Roger Ingram, 2326 Sorrell Lane, S. W., Roanoke, Virginia 24018 Lloyd R. Clingenpeel, Manager, Real Estate, Norfolk Southern Corporation, 110 Franklin Road, S. E., Roanoke, Virginia 24042-0059 MARY F. PARKER, CMC/AAE CJI? Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue. S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk October 28, 1994 File #514 The Honorable Arthur B. Crush, III Clerk of Circuit Court Roanoke, Virginia Dear Mr. Crush: I am enclosing copy of Ordinance 32220-102494, for proper recordation in your office, permanently vacating, discontinuing and closing a certain 250 foot portion of Spottswood Avenue, S. W., bounded on the north by Cleveland Avenue, on the west by Official Tax No. 1221009, on the east and south by property owned by Norfolk Southern Corporation, and on the east by Official Tax No. 1221101; and all of that certain 15 foot wide alley bordered on the north by Cleveland Avenue, on the west by Official Tax No. 1221101, and on the east and south by land of Norfolk Southern Corporation. Ordinance No. 32220-102494 was adopted by the Council of the City of Roanoke on first reading on Monday, October 10, 1994, also adopted by the Council on second reading on Monday, October 24, 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 o pc: David A. Camper, President, Habitat for Humanity in the Roanoke Valley, Inc., 541 Luck Avenue, S. W., Suite 310, Roanoke, Virginia 24016 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of October, 1994. No. 32220-102494. AN ORDINANCE permanently vacating, discontinuing and closing certain public rights-of-way in the City of Roanoke, Virginia, as are more particularly described hereinafter. WHEREAS, Habitat for Humanity in the Roanoke Valley, Inc., 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 rights-of-way described hereinafter; and WHEREAS, the City Planning Commission, after giving proper-- notice to all concerned as required by S30-14, 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 October 10, 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 rights-of-way have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing said public rights-of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public rights-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: That certain 250' portion of Spottswood Avenue, S.W., bounded on the north by Cleveland Avenue, S.W., on the west by Tax Map No. 1221009, on the east and south by land of Norfolk Southern Corporation, and on the east by Tax Map No. 1221101; and all of that certain 15' wide alley bordered on the north by Cleveland Avenue, $.W., on the west by Tax Map No. 1221101, on the east and south by land of Norfolk Southern Corporation, be, and are hereby permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as the Council of the City of Roanoke is empowered so to do with respect to the closed portion of-- the rights-of-way, reserving however, to the City of Roanoke and any public utility, including, specifically, without limitation, providers to or for the public of cable television, electricity, natural gas or telephone service, an easement for sewer and water mains, television cable, electric wires, gas lines, telephone lines, and related facilities that may now be located in or across said public rights-of-way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is 2 undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above-described public rights-of-way of any such municipal installation or other utility or facility by the owner thereof. BE IT FURTHER ORDAINED that the closure of the above-described rights-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 rights-of-way, 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 rights-of-way; 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 rights-of-way on all maps and plats on file in his office on which said rights- 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. 3 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 Habitat for Humanity in the Roanoke Valley, Inc., and the names of any other parties in interest who may so request, as Grantees. ATTEST: City Clerk. Roanoke City Planning Commission October 10, 1994 The Honorable David A. Bowers, Mayor and Members City Council Roanoke, Virginia Dear Members of Council: Subject: Request from Habitat for Humanity in the Roanoke Valley, Inc., that a 50 foot by 250 foot street known as Spottswood Avenue, S.W., bounded on the north by Cleveland Avenue, on the west by a parcel bearing Official Tax No. 1221009, on the east and south by the land of Norfolk Southern Corporation; and an unnamed alley, 15 feet by 50 feet, bounded on the north by Cleveland Avenue, S.W., on the west by a parcel bearing Official Tax No. 1221101 and on the east and south by land of Norfolk Southern Corporation, be permanently vacated, discontinued and closed. I. Background: Spottswood Avenue. S.W.. as requested for closure, extends in a southerly direction from Cleveland Avenue, S.W. for a distance of approximately 250 feet. Street section is a 50 foot wide, llalJgy~!~L~ public right-of-way (see attached Map A). Public alley as re~_uested for closure is located approximately 120' to the east of the subject section of Spottswood Avenue. Alley section extends in a southerly direction from Cleveland Avenue, S.W., for an approximate distance of 50'. Alley section is a 10' wide undeveloped (m_Der) alley right-of-way. ProPerty adiacent to the north side of the subject Spottswood Avenue. S.W., identified on Map A as tax parcel 1221009 "Spottswood Park" was originally donat~t to the City by Junius B. and Grace P. Fishburn on November 1, 1949, with the condition that the same be used for public purposes as a public park. D. City maintained the property for 44 years thereafter as open space. Room 162 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2344 II. Members of Council Page 2 October 10, 1994 Ordinance No. 31762-111593 was adopted by City Council on November 15, 1993. Ordinance provided for the conveyance of tax parcel 1221009 back to the heirs of Jun,us B. and Grace P. Fishburn. Heirs of Jun,us B. and Grace P. Fishbum subsequently donated tax parcel 1221009 to Habitat for Humanity in the Roanoke Valley, Inc. Applicant now owns oroperties (tax parcels 1221009 and 1221101) abutting the subject sections of street and alleys, as shown on Map A, and attached to this report. Norfolk and Southern Railway Company owns property abutting the rear and southerly side of the subject section of Spottswood Avenue, S.W. Applicant. Habitat for Humanity in the Roanoke Valley. Inc. is a humanitarian organization that builds modest homes for low-income families. Applicant in this instance desires to close and vacate these undeveloped rights-of-way in order to utilize the land therein for the construction of affordable single-family houses. Norfolk and Southern Railway Company plans to donate a specific section of its abutting property to Habitat for Humanity for this humanitarian purpose. Awl,cant plans to resubdivide the existing lots and rights-of-way (if vacated) to create a limited number of buildable lots for single family development. Current Situation: Avvlication was reviewed by the Planning Commission at its regular meeting on September 7, 1994. There was no one present to speak either in favor or in opposition to the request. III. Issues: A. B. C. D. E. F. Neighborhood impgct. Traffic impact. Utilities within the public right-of-way. Creation of a dead-end street or alley, Land use. Relationship to the comprehensive plan. Members of Council Page 3 October 10, 1994 IV. Alternatives: ~&!tllgJLl~tl~ the applicant's request to close and vacate the described sections of Spottswood Avenue and public alley, subject to certain conditions as outlined in Part V of this report. 1. ' rh2~lf&glll~Lh~fl~: Closure should have no adverse impact on the neighborhood. ~: Closure would have no effect on traffic or traffic needs in the immediate area. 3. Utilities within the public rieht-of-way: a. City has no utilities within the subject rights-of-way. Appalachian Power Company advises that it has facilities within the subject Spottswood Avenue fight-of-way and requests the retention of an easement for the same. Creation of a dead-end street or alley: Closure as requested will not create a dead-end street or alley. 5. Land 0se: Land within the subject fights-of-way has remained undeveloped, idle, and unproductive for many years. City has no current or future plans to utilize these fights-of-way for public use or purposes. Closure by the City and utilization of the land therein for new residential construction would be a more desirable, productive and efficient use of the land. Subdivision plat should be required for the resubdivision of the land within the rights-of-way and the adjacent properties. Relationship to the comprehensive plan: Request is consistent with the intent of the comprehensive plan that available land should be used in the most appropriate manner. City Council deny the applicant's request to close and vacate the described sections of Spottswood Avenue and public alley. Members of Council Page 4 October 10, 1994 1. Neighborhood impact would not be an issue. 2. Traffic imvact would not be an issue. 3. Utilities within the vublic right-of-way would not be an issue. 4. Creation of a dead-end street or alley would not be an issue. 5. Land U$~: Land within the undeveloped sections of public rights-of-way will remain in an unproductive state. Applicant will be unable to utilize the land within the rights-of-way for building purposes. Applicant will be restricted to the construction of no more than two (2) single family dwellings. Recommendation: Planning Commission, by a vote of 6-0 (Mr. Buford absen0 recommended that City Council approve Alternative A, thereby approving the applicant's request to close and vacate the described section of Spottswood Avenue, S.W., and a public alley, subject to the following condition: The applicant shall submit to the City for its review and approval, receive approval thereof, and record with the Clerk of Circuit Court, a subdivision plat, with said plat providing thereon for the following: Disposition of the land within the rights-of-way to be vacated in a manner consistent with the requirements of Chapter 31, Subdivisions of the Code of the City of Roanoke (1979), as amended. The retention of appropriate easements, together with the right of public passage over the same for surface and subsurface installation and maintenance of any and all existing utilities that may be located within the right-of-way. If a plat of subdivision is not approved by the City and recorded by the applicant 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 October 10, 1994 JR/VI:mpf attachment cc: Assistant City Attorney Director of Public Works City Engineer Building Commissioner Petitioner Respectfully submitted, Charles A. Price, Jr., Chairman Roanoke 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 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk July 18, 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 David A. Camper, President, Habitat for Humanity in the Roanoke Valley, Inc., requesting that the street known as Spottswood Avenue, S. W., the portion to be closed being approximately 50 feet by 250 feet; and an unnamed alley, approximately 15 feet by 50 feet, bounded on the north by Cleveland Avenue, on the west by a lot identified as Official Tax No. 1221101, and on the east and south by property owned by Norfolk Southern Corporation, be permanently vacated, discontinued and closed. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm s / habitat Enc. pc: The Honorable Mayor and Members of the Roanoke City Council David A. Camper, President, Habitat for Humanity in the Roanoke Valley, Inc., Jefferson Center, 541 Luck Avenue, S. W., Suite 310, Roanoke, Virginia 24016 t/John R. Marlles, Agent, City Planning Commission Evelyn D. Dorsey, Acting Zoning Administrator Ronald H. Miller, Building Commissioner Steven J. Talevi, Assistant City Attorney IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Application of HABITAT FOR HUMANITY IN THE ROANOKE VALLEY, INC., for vacation of Spottswood Avenue, S. W. and an unnamed alley. APPLICATION FOR DISCONTINUING ALL OF A STREET AND ALL OF AN ALLEY. MEMBERS OF COUNCIL: HABITAT FOR HUMANITY IN THE ROANOKE VALLEY, INC. applies to have the following street and alley, 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 and this alley are more particularly described on the plat attached and as follows: 1. Spottswood Avenue Bounded on the north by Cleveland Avenue, S. W. Bounded on the west by lot with tax #1221009. Bounded on the east and south by land of Norfolk Southern Corp. Bounded on the east by lot with tax #1221101. Spottswood Street is outlined in red. The dimensions of the street to be closed are 50 feet by 250 feet. 2. Unnamed Alley Bordered on the north by Cleveland Avenue S. W. Bordered on the west by lot with tax #1221101. Bordered on the east and south by land of Norfolk Southern Corp. Alley is outlined in green. The dimensions of the alley to be closed are 15 feet by 50 feet. HABITAT FOR HUMANITY IN THE ROANOKE VALLEY, INC. states that the grounds for this application are as follows: 1. All landowners whose property adjoins the property to be vacated have been notified and are in agreement with this application. 2. The property to be vacated is presently not being used by anyone. 3. The applicant desires to use the property to be vacated for building affordable homes for very low income families. WHEREFORE, HABITAT FOR HUMANITY IN THE ROANOKE VALLEY, INC. respectfully requests that the above described street and alley 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, by David A. Camper, President HABITAT FOR HUMANITY IN THE ROANOKE VALLEY, INC. July 12, 1994 Address of the only adjoining property owner: Norfolk Southern Corporation %Mr. Lloyd R. Clingenpeel Manager, Real Estate 110 Franklin Street, SE Roanoke, Virginia 24042-0059 See attached plan for outline of the adjoining Norfolk Southern property. (This property is in the railroad right-of-way and has no city tax number.) CONDITIONAL RE-ZONED BY ORD. N~ 30644-82691 RM-2 to C-I ... · ~. :~, · 22001 !~!~' F~ ,o ,~-,,0, O ~__o.~4 A,: ": ~ ~ _.j 119.0 m ~ LOT gA -- ~ _o.,5 Ac.__ ~_ "' ~ 4 '-.,, ~* el: / / / MAP A 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 September 22, 1994 SANDRA H. EAKIN Deputy City Clerk File #514 David A. Camper, President Habitat for Humanity in the Roanoke Valley, Inc. Jefferson Center 541 Luck Avenue, S. W. Suite 310 Roanoke, Virginia 24016 Dear Mr. Camper: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, October 10, 1994, at 7:00 p.m., or as soon thereafter as the matter may be heard, on your request that a certain 250 foot portion of Spottswood Avenue, S. W., bounded on the north by Cleveland Avenue, on the west by Official Tax No. 1221009, on the east and south by property owned by Norfolk Southern Corporation, and on the east by Official Tax No. 1221101; and all of that certain 15 foot wide alley bordered on the north by Cleveland Avenue, on the west by Official Tax No. 1221101, and on the east and south by land of Norfolk Southern Corporation, 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 abovedescribed request for closures. 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. Mary F. Parker, CMC/AAE City Clerk MFP: sm Oct Ene. ,~D NU~ER - 923030~2 ~bLISH~R,S FFE - $114.40 DAVID C HFLSCHFR 3912 ELECTRIC RD P 0 6(]X 20487 R F~ANC]K E VA 24018 STATE OF VIRGINIA CITY OF ROANOKE AFFIDAVIT OF PUBLICATION I, [THE UNDERSIGNED) AN AUTHORIZED REPRESENTATIVE OF T~E TIMES-WORLD COR- PORATION, WHICH CORPORAIION IS PUBLISHER OF THE ROANOKE TI~ES & WORLD-NEWS, A DAILY NEWSPAPER PUBLISHED IN ROANOKE, IN THE STATE OF VIRGINIA, O0 CERTIFY THAT THE ANNEXED NOTICE N~S PUbLISHeD IN SAID N~NSP~PERS OK THE FOLLOWING OATES 09/23/94 MORNING 09/30/94 MORNING NITNFSS, THIS 1ST L),~Y OF OCTO~SER 1994 AUTHOR IZEO SIGNATURE NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: The Council of the City of Roanoke will hold a Public Hearing on Monday, October 10, 1994, at 7:00 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 certain 250' portion of Spottswood Avenue, S.W., bounded on the north by Cleveland Avenue, S.W., on the west by Tax Map No. 1221009, on the east and south by land of Norfolk Southern Corporation, and on the east by Tax Map No. 1221101; and all of that certain 15' wide alley bordered on the north by Cleveland Avenue, S.W., on the west by Tax Map No. 1221101, on the east and south by land of Norfolk Southern Corporation. the parties in interest may appear on the above date and be the question. GIVEN under my hand this 215t day of Se@tembe~ A copy of this proposal is available for public inspection in Office of the City Clerk, Room 456, Municipal Building. All heard on , 1994. Mary F. Parker, City Clerk. Publish in the Roanoke Times and World-News, once on Friday, September 23, 1994, and once on Friday, September 30, 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: David C?~elsc. h~er, Attorney Jolly, Place,~i-alin and Prillaman p. o. Box ~0~7 Roanoke, Virginia. 24018 TO THE CITY CLERK OF THE CITy OF ROANOKE, VIRGINIA PERTAINING TO THE STREET AND ALLEY CLOSURE REQUEST OF?4 Request from Habitat for Humanity in the Roanoke Valley, Inc. ) AFFIDAVIT to close Spottswood Avenue, S.W., and alleyway. ) COMMONWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) The affiant, Martha Pace Franklin, first being duly sworn, states that she Secretary of the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.1-341, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mall on the 29th day of August, 1994, notices of a public hearing to be held on the 7th day of September, 1994, on the closure captioned above to the owner or agent of the parcels listed below at their last known address: Parcel Owner. Aeent or Occupant 1221101 Roger and Shirley Ingram Norfolk Southern Corporation Addres, 2326 Sorrell Lane, SW Roanoke, VA 24018 8 N. Jefferson Street Roanoke, VA 24016 -. e/d~ ~C Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 29th day of August, 1994. No t,~-'y Pu61ic My Commission Expires: NOTICE OF PUBLIC HEARING BEFORE~'~E ROANOKE CITY PLANNING COMMISSION TO WHOM IT MAY CONCERN: The Roanoke City Planning Commission will hold a public hearing on Wednesday, September 7, 1994, at 1:30 p.m. or as soon 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 Habitat for Humanity in the Roanoke Valley, Inc., that a 50 foot by 250 foot street known as Spottswood Avenue, S.W., bounded on the north by Cleveland Avenue, on the west by a parcel bearing official tax number 1221009, on the east and south by the land of Norfolk Southern Corporation; and an unnamed alley, 15 feet by 50 feet, bounded on the north by Cleveland Avenue, S.W., on the west by a parcel bearing Official Tax No. 1221101 and on the east and south by land of Norfolk Southern Corporation, be permanently vacated, discontinued and closed. A copy of said application is available for review in the Department of Plarming and Community Development, 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, August 23, 1994 and Tuesday, August 30, 1994. Please bill: Habitat for Humanity in the Roanoke Valley, Inc. Jefferson Center, Suite 310 541 Luck Avenue, S.W. Roanoke, VA 24016 344-0747 Please send affidavit of publication to: Department of Planning and Community Development 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) 981-2541 SANDRA H. EAKIN Deputy City Clerk July 18, 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 David A. Camper, President, Habitat for Humanity in the Roanoke Valley, Inc., requesting that the street known as Spottswood Avenue, S. W., the portion to be closed being approximately 50 feet by 250 feet; and an unnamed alley, approximately 15 feet by 50 feet, bounded on the north by Cleveland Avenue, on the west by a lot identified as Official Tax No. 1221101, and on the east and south by property owned by Norfolk Southern Corporation, be permanently vacated, discontinued and closed. Sincerely, ~ Mary F. Parker, CMC/AAE City Clerk MFP: sm s / habitat Enc. pc: The Honorable Mayor and Members of the Roanoke City Council David A. Camper, President, Habitat for Humanity in the Roanoke Valley, Inc., Jefferson Center, 541 Luck Avenue, S. W., Suite 310, Roanoke, Virginia 24016 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 24011-1536 Telephone: (703) 981-254I SANDRA H. EAKIN Deputy Ci y C erk October 28, 1994 File #514 Mr. Richard A. Newcomb P. O. Box 13451 Roanoke, Virginia 24034 Dear Mr. Newcomb: I am enclosing copy of Ordinance No. 32221-102494 permanently vacating, discontinuing and closing the following two alleys: Alley #1 extending north to south from Official Tax Nos. 2310701 - 2310705, inclusive, and Official Tax Nos. 2310706 and 2310714, approximately 260 feet from Shenandoah Avenue, N. W., to Centre Avenue, N. W. Alley #2 extending west to east approximately 275 feet to a point contiguous with the lot line separating Official Tax Nos. 2310710 and 2310711. Ordinance No. 32221-102494 was adopted by the Council of the City of Roanoke on first reading on Monday, October 10, 1994, also adopted by the Council on second reading on Monday, October 24, 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. Mr, Richard A. Newcomb October 28, 1994 Page 2 pc: Mr. Frank Mullins, e/o Mr. Byron Mullins, 1113 Morehead Avenue, S. E., Roanoke, Virginia 24013 Mr. and Mrs. Rocky L. Wilkinson, e/o Top Hat Chimney Service, P. O. Box 20913, Roanoke, Virginia 24018 Ms. Natalie R. Foster and Ms. Mary B. Roberts, 306 First Street, S. W., Roanoke, Virginia 24011 Mr. H. B. Hodge, Jr., 3608 Jae Valley Road, S. W., Roanoke, Virginia 24014 Ms. Alice Willis D. Stroud, et als, e/o Mr. Andrew Roberts, 306 First Street, S. W., Roanoke, Virginia 24013 MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke. Virginia 24011-1536 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk October 28, 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. 32221-102494, for proper recordation in your office, permanently vacating, discontinuing and closing the foliowing two alieys: Alley #1 extending north to south from Official Tax Nos. 2310701 - 2310705, inclusive, and Official Tax Nos. 2310706 and 2310714, approximately 260 feet from Shenandoah Avenue, N. W., to Centre Avenue, N. W. Alley #2 extending west to east approximately 275 feet to a point contiguous with the lot line separating Official Tax Nos. 2310710 and 2310711. Ordinance No. 32221-102494 was adopted by the Council of the City of Roanoke on first reading on Monday, October 10, 1994, also adopted by the Council on second reading on Monday, October 24, 1994, and will take effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm gnc. pc: Mr. Richard A. Newcomb, P. O. Box 13451, Roanoke, Virginia 24034 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of October, 1994. No. 32221-102494. AN ORDINANCE permanently vacating, discontinuing and closing certain public rights-of-way in the City of Roanoke, Virginia, as are more particularly described hereinafter. WHEREAS, Richard A. Newcomb, 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 rights-of-way described hereinafter; and WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by S30-14, 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 October 10, 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 rights-of-way have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing said public rights-of-way. Roanoke, City of follows: THEREFORE, BE IT ORDAINED by the Council of the City of Virginia, that the public rights-of-way situate in the Roanoke, Virginia, and more particularly described as Alley #1 extending north to south from Tax Map No. 2310701 through Tax Map No. 2310705 and Tax Map Nos. 2310706 and 2310714, approximately 260' from Shenandoah Avenue, N.W., to Centre Avenue, N.W. Alley #2 extending west to east approximately 275' to a point contiguous with the lot line separating Tax Map Nos. 2310710 and 2310711, be, and hereby are, permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as the Council of the City of Roanoke is empowered so to do with respect to the closed portion of the rights-of-way, reserving however, to the City of Roanoke and~ any public utility, including, specifically, without limitation, providers to or for the public of cable television, electricity, natural gas or telephone service, an easement for sewer and water mains, television cable, electric wires, gas lines, telephone lines, and related facilities that may now be located in or across said public rights-of-way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later 2 abandonment of use or permanent removal from the above-described public rights-of-way of any such municipal installation or other utility or facility by the owner thereof. BE IT FURTHER ORDAINED that the closure of the above-described rights-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 rights-of-way, to be vacated, in a manner consistent with the requirements of Chapter 31, Subdivision, of the City Code, combining all properties which would otherwise be landlocked by the requested closure or otherwise disposing of the land within the right-of-way, 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 rights-of-way; the dedication of land sufficient in size to provide for the construction of a public turnaround at the proposed terminus of alley #2; 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 six (6) 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 rights-of-way on all maps and plats on file in his office on which said rights- 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 Richard A. Newcomb, and the names of any other parties in interest who may so request, as Grantees. ATTEST: City Clerk. 4 '94 Roanoke City Planning Commission October 10, 1994 The Honorable David A. Bowers, Mayor and Members City Council Roanoke, Virginia Dear Members of Council: Subject: Request from Richard A Newcomb that property described as alley #1 extending north to south from Official Tax Nos. 2310701 through 2310705 and Official Tax Nos. 2310706 and 2310714, approximately 291 feet from Shenandoah Avenue, N.W., to Centre Avenue, N.W.; and alley g2 extending west to east approximately 300 feet to a point contiguous with lot line separating Official Tax Nos. 2310710 and 2310711, be permanently vacated, discontinued and closed. The above-cited application was reviewed by the Planning Commission and recommended to City Council for its approval on November 3, 1993. City Council thereafter adopted Ordinance No. 31779- 122093 approving the applicant's request to close the described alleys but subject to the condition that the applicant would submit to the City, receive the City's approval thereof, and record with the Clerk of Circuit Court, a subdivision plat. The conditions specified that if the subdivision plat was not recorded within a period of six (6) months from the date of the adoption of the ordinance, then said ordinance would become null and void with no further action by City Council being necessary. The applicant in this instance failed to record the required subdivision plat within the specified time limit. Ordinance No. 31779-122093 became null and void upon the expiration of the specified six (6) month period. The applicant is therefore requesting once again that City Council approve his application in order to re-enact the legal standing and substance of the closure by City ordinance. The Planning Commission re-heard this matter on September 7, 1994, and unanimously recommended approval of the request. In view of the fact that nothing of substance has changed in this matter since it was originally approved by City Council on December 20, 1993, the original report and recommendation of the Planning Commission are attached and provided for Council's review. Respectfully submitted, Charles A. Price, Jr., Chairman Roanoke City Planning Commission Room 162 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2344 JRM:ERT:mpf attachments cc: Assistant City Attorney Director of Public Works City Engineer Building Commissioner Petitioner Roanoke City Planning Comm~ss~or~ December 13, 1993 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request from Richard A. Newcomb that an alley running in a north-south direction from Centre Avenue to Shenandoah Avenue, N.W., adjacent to property bearing Official Tax Nos. 2310701-2310705, inclusive; and a portion of a second alley runninl[ in an east-west direction from undeveloped 21st Street to the north-south alley specified above, adjacent to property bearing Official Tax Nos. 2310706-2310710, inclusive and 2310714 through 2310718, inclusive, be permanently vacated, discontinued and closed. ~ is a request for the City to close and vacate two (2) public alleys. Alleys are shown and listed on the attached Map A as alley #1 and alley Bo Alley ffl extends in a northerly direction from Shenandoah Avenue, N.W., to Centre Avenue, N.W. for a distance of approximately 275 feet. Alley #1 is partly developed and has a gravel surface extending from Shenandoah Avenue for an approximate distance of 130 feet. Remainder of alley #I is undeveloped (paper alley). ~ extends in a westerly direction from an undeveloped section of 21st Street, N.W., for an approximate distance of 405 feet to an intersection with the easterly fight-of-way boundary of alley #1. Alley tr2 is undeveloped (paper alley). ~ states that the applicant, Richard A. Newcomb, currently owns lots 1 through l0 (tax parcels 2310701 through 2310710) and lots 14 through 19 (tax parcels 2310714 through 2310719). Owners of all lots abutting the subject alleys as currently listed in the City's real estate records are shown and identified on attached Map A. Room 162 Municipal Building 215 Church Avenue, S,W. Roanoke, Virginia 24011 (703) 981-2344 II. III. IV. Current Situation: A. ADolication for closure was received on October 18, 1993. B. Pumose of the reouest is to provide additional land area for the construction of a new warehouse and office facility which will be owned and operated by the applicant. C. Office of Economic Development has advised the applicant in this request and fully supports the proposed closure of the subject alleys as a means of providing for the creation of a new business enterprise in the area. D. P.[N~fi~,~~ reviewed the subject application at its regular meeting of November 3, 1993. No one in attendance spoke in opposition to the request for closure. Issues: A. Community impact. B. Traffic impact. C. Utilities within the public right-of-way. D. Creation of a dead-end alley. E. Land use. F. Relationship to the comprehensive plan. A. Approve the applicant's request for closure and vacation of the subject alleys, subject to certain conditions outlined in Section V. of this report. 1. C mil ima .' a. Only a small portion of alley #1 is developed for public use. Visual inspection of the alley indicates that it is probably used on some occasions by the residence at 2127 Shenandoah Avenue. b. The remaining portions of alley #1 and alley//2 axe undeveloped. Closure should have no effect on the immediate community. 2. ~ag_~ll~. Closure would have no impact on traffic in the area. 3. Utilitie~ within the ri~ht-of-way: a. City ha~ no utilities within these alley rights-of-way. Staff has not received any informatiot~ ,~at would indicate that any private utilities exist within these alleys. Creation of a dead-end ~ll¢y. Applicant proposes to dedicate an area sufficient to provide for a public turnaround at the proposed terminus of the alley for public use, should the remainder of the alley be opened in the future. 5. Land use: Applicant should be required to submit a subdivision plat to the City providing for the legal disposition of the land within the vacated alleys and the dedication of the proposed turnaround area. bo Undeveloped and unproductive land within the alleys will be used for the creation of a new business within the area. Alley areas as requested for closure are described in the application as 291 feet of alley #1, and 300 feet of alley g2. Map attached to application shows areas requested for closure as 275 feet of alley/ti and 260 feet of alley g2. Application should be amended to reflect nearest approximate area of closure. Relationship to the comorehensive nlan. Request is consistent with the intent of the comprehensive plan in that available land be used in the most appropriate manner. B. Deny the applicant's request to close the subject alleys. Communi_ty imoact: Potential for a new business development in the community will not be realized. 2. I. It/.fl~.illllla~ would not be an issue. 3. Utilities within the public ri~,ht-of-way would not be an issue. 4. Creation of a dead-end alley would not be an issue. Land urn. Land within the alley rights-of-way will remain idle and unproductive. Relationshio to the comprehensive plan. Retaining unproductive land within useless and idle public rights-of-way would be inconsistent with the intent of the comprehensive plan. Planning Commission, by a vote of 6-0 (Mr. Buford not present for vote) recommends that City Council approve the applicant's request subject to the following conditions: The applic,a~t shall submit to the City for its re,,ew and approval, receive approval of, and record in the Office of the Roanoke Circuit Court, a subdivision plat, with said plat providing thereon for the following: Combining all properties which would otherwise be landlocked by the requested closure or otherwise disposing of the land within the right-of- way. The retention of appropriate easements, together with the right of public passage over the same, for subsurface installation and maintenance of any and all existing utilities that may be located within the right-of-way. The dedication thereon of land sufficient in size to provide for the construction of a public turnaround at the proposed terminus of alley If a plat of subdivision is not approved by the City and recorded by the applicant within a period of six (6) months from the date of the adoption of the ordinance providing for the closure of the subject right-of-way, then said ordinance shall be 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 attachment cc: Assistant City Attorney Director of Public Works City Engineer Building Commissioner Petitioner 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 t Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk August 17, 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 Richard A. Newcomh requesting that the following two alleys be vacated, discontinued and closed: Alley No. 1 extending from Shenandoah Avenue and Centre Avenue, N. W., and a portion of Alley No. 2 beginning at the middle of Alley No. 1 and ending at the lot line between Official Tax No. 2310711. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm a / neweomb Enc o pc: The Honorable Mayor and Members of the Roanoke City Council u~ooh' Richard A. Newcomb, P. O. Box 13451, Roanoke, Virginia n R. Marlles, Agent, City Planning Commission Evelyn D. Doreey, Acting Zoning Administrator Ronald H. Miller, Buildin~ Commissioner Steven J. Talevi, Assistant City Attorr~ey 24034 IN THE COUNCIL OF THE CITY OF ROANOKE. VIRGINIA IN RE: A~blication of Richard A. for vacation of alleys Ne~comb Application for vacaning, discontinuing and closing o~ alleys MEMBERS OF COUNCIL: This application has already been to the committee and been approved. However, the plat was inadvertently not recorded within the specified 6 month period within the ordinance. Due to plat not being recorded, the ordinance was voided. Therefore, it is necessary {or the petition to be re-submitted. Richard A. Newcomb applies to have two alleys (alley #1 going from Shenandoah Avenue NW and C~ntre Avenue NW and portion of alley #2 starting from middle of alley #1 and ending at lot line between tax location #2510711), in the City of Roanoke, Virginia, permanently vacated, discontinued and closed, pursuant to Virginia Code Section 15.1-5&4 and Section 50-14, Code of the City of Roanoke (1~7~), as amended. These alleys are more particularly described on the map attached and as follows: Alley #1 extends north to south from tax location #52510701 through #2510705 and tax location #2510706 and #2510714, approximately 280' from Shenandoah Avenue NW to Centre Avenue NW. Alley #2 extends west to east approximately 275' to a point contiguous with lot line separating tax location #2510710 and #2510711. Richard Newcomb proposes to dedicate a turn around at the terminus of the alley by adding a portion of lot #iq/tax location #2510719 to provide for a public turnaround; this will be provided by recordation of subdivision plat with the Clerk of Circuit Court. Richard A. Newcomb states that the grounds for this application are as follows: 1. The property to be vacated is presently totally undeveloped and totally unused and has been so for a great number of years. 2. The applicant desires to use the property t~ be the City o~ Roanoke, and to ~elieve the City of any future maintenance and upkeep. The petitioner, per the attached map, currently o~ns and possesses lots i-lO and lots 14--19. pect f u.~f', Mr. Richard A. Newcomb November 23, 1993 Page 2 pc: Mr. Frank ~V~ullins, c/o Mr. Byron Mullins, 1113 Morehead Avenue, S. E., Roanoke, Virginia 24013 Mr. and Mrs. Rocky L. Wilkinson, c/o Top Hat' Chimney Service, P. O. Box 20913, Roanoke, Virginia 24018 Ms. Natalie R. Foster and Ms. Mary B. RoberTs, 306 First Street, S. W., Roanoke, Virginia 24011 Mr. H. B. Hodge, Jr., 3S08 Jae Valley Road, S. W., Roanoke, Virginia 24014 Ms. Alice Willis D. Stroud, et als, c/o Mr. Andrew Roberts, SOS First Street, S. W., Roanoke, Virginia 24013 ~,t$ ~,f- 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 September 22, 1994 File #514 Mr. Richard A. Newcomb P. O. Box 13451 Roanoke, Virginia 24034 Dear Mr. Newcomb: Pursuant to provisions of Resolution No. 25523 adopt'ed by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, October 10, 1994, at 7:00 p.m., or as soon thereafter as the matter may be heard, on your request that the following two alleys be vacated, discontinued and closed: Alley #1 extending north to south from Official Tax Nos. 2310701 - 2310705, inclusive, and Official Tax Nos. 2310706 and 2310714, approximately 260 feet from Shenandoah Avenue, N. W., to Centre Avenue, N. W. Alley #2 extending west to east approximately 275 feet to a point contiguous with the lot line separating Official Tax Nos. 2310710 and 2310711. 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 alley closures. 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 Oct Enc. Mr. Richard Newcomb September 22, 1994 Page 2 pc: Mr. Frank Mullins, c/o Mr. Byron Mullins, 1113 Morehead Avenue, S. E., Roanoke, Virginia 24013 Mr. and Mrs. Rocky L. Wilkinson, c/o Top Hat Chimney Service, P. O. Box 20913, Roanoke, Virginia 24018 Ms. Natalie R. Foster and Ms. Mary B. Roberts, 306 First Street, S. W., Roanoke, Virginia 24011 Mr. H. B. Hodge, Jr., 3608 Jae Valley Road, S. W., Roanoke, Virginia 24014 Ms. Alice Willis D. Stroud, et als, c/o Mr. Andrew Roberts, 306 First Street, S. W., Roanoke, Virginia 24013 ~D NUMF~ER 92303027 PUBLISHER'S FEE $109.20 CITY UF ROANOKE C/O MARY F PARKER CITY CLERKS OFFICE ROOM 45b MUNICIPAL ~LDG ROANOKE V~ 24011 ?4 10 STATE OF VIRGINIA CITY OF RO&NOK~ AFFI[JAVIT OF PU6LICATION I, (THE UNDERSIGNED) AN AUTHORIZED REPRESENTATIVE OF THE TIMES-WORLD COR- PORATION, WHICH CORPORATION IS PUBLISHER OF TH~ ROANOKE TIMES ~ WORLD-NE~S, A DAILY NEWSPAPER PUBLISHED IN ROANOKE, IN TtiE STATE OF VIRGINIA9 DO CERTIFY THAT THE ANNEXED NOTICE WAS PUBLISHED IN SAID NEWSPAPERS ON THE FOLLOWING DATES MORNING MORNING mITNESS, THIS 1 S T/~OF~]~TOBER 1994 AUTHORIZED SIGNATURE NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: The Council of the City of Roanoke will hold a Public Hearing on Monday, October 10, 1994, at 7:00 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 rights- of-way: 611ey #1 extending north to south from Tax Map No. 2310701 through Tax Map No. 2310705 and Tax Map Nos. 2310706 and 2310714, approximately 260' from Shenandoah Avenue, N.W., to Centre Avenue, N.W. Alley #2 extending west to east approximately 275' to a point contiguous with the lot line separating Tax Map Nos. 2310710 and 2310711. 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 _~ day of 5~ptemb~r , 1994. Mary F. Parker, City Clerk. Publish in the Roanoke Times and World-News, once on Friday, September 23, 1994, and once on Friday, September 30, 1994. Send publisher's affidavit and bill to: Mary F. Parker, City Clerk Room 456, Municipal Building 215 Church Avenue, S. W. Roanoke, Virginia 24011-1536 TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE STREET AND ALLEY CLOSURE REQUEST '~f: Request from Richard Newcomb to close two alleys in the Centre and Shenandoah Avenues area. ) AFFIDAVIT ) COMMONWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) The affiant, Martha Pace Franklin, first being duly sworn, states that she Secretary of the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.1-341, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 29th day of August, 1994, notices of a public hearing to be held on the 7th day of September, 1994, on the closure captioned above to the owner or agent of the parcels listed below at their last known address: Parcel 2310711 2310712 2310713 Owner. Aeent or Occupant Frank Mullins c/o Byron Mullins Addres$ 1113 Morehead Avenue, SE Roanoke, VA 24012 2310720 2310721 2310179 Rocky L. Wilkinson c/o Top Hat Chimney Service Alice Willis D. Stroud, et als c/o Andrew Roberts P. O.Box 20913 Roanoke, VA 24018 306 First Street, SW Roanoke, VA 24011 ~ Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 29th day of August, 1994. Notary Public My Commission Expires: NOTICE OF PUBLIC HEARING BEFORE THE ROANOKE CITY PLANNING COMMISSION '94 ~ ,~ 9 TO WHOM IT MAY CONCERN: The Roanoke City Planning Commission will hold a public heating on Wednesday, September 7, 1994, at 1:30 p.m. or as soon 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 Richard A Newcomb that property described as alley #1 extending north to south from Official Tax Nos. 2310701 through 2310705 and Official Tax Nos. 2310706 and 2310714, approximately 291 feet from Shenandoah Avenue, N.W., to Centre Avenue, N.W.; and alley #2 extending west to east approximately 300 feet to a point contiguous with lot line separating Official Tax Nos. 2310710 and 231071 I, be permanently vacated, discontinued and closed. A copy of said application is available for review in the Department of Planning and Community Development, 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, August 23, 1994 and Tuesday, August 30, 1994. Please bill and send affidavit of publication to: Department of Planning and Community Development 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) 981-2541 SANDRA H. EAKIN Deputy City Clerk August 17, 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 Richard A. Newcomb requesting that the following two alleys be vacated, discontinued and closed: Alley No. 1 extending from Shenandoah Avenue and Centre Avenue, N. W., and a portion of Alley No. 2 beginning at the middle of Alley No. I and ending at the lot line between Official Tax No. 2310711. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm a/newcomb Sne. pc: The Honorable Mayor and Members of the Roanoke City Council Mr. Richard A. Newcomb, P. O. Box 13451, Roanoke, Virginia John R. Marlles, Agent, City Planning Commission Evelyn D. Dorsey, Acting Zoning Administrator Ronald H. Miller, Building Commissioner Steven J. Talevi, Assistant City Attorney 24034 MARY F. PARKER, CMC/AAE Cilv Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke. Virginia 24011-1536 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy Ci y Clerk October 28, 1994 File #15-110-207 Mr. W. Bolling Izard 2535 Robin Hood Road, S. E. Roanoke, Virginia 24014 Dear Mr. Izard: I am enclosing copy of Resolution No. 32238-102494 reappointing you as a Director of the Industrial Development Authority of the City of Roanoke, Virginia, for a term of four years commencing October 21, 1994, and expiring October 20, 1998. Resolution No. 32238-102494 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 28, 1994. Enclosed you will find a Certificate of your reelection and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Municipal Building prior to serving in the capacity to which you were reelected. For your information and pursuant to Section 2.1-341.1, Code of Virginia (1950), as amended, I am enclosing copy of the Freedom of Information Act. On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to serve the City of Roanoke as a member of the Industrial Development Authority. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. Mr. W. Izard Bolling October 28, 1994 Page 2 pe: Margaret R. Baker, Secretary, Industrial Development Authority of the City of Roanoke, 2140 Windsor Avenue, S. W., Roanoke, Virginia 24015 Sandra H. Eakin, Deputy City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, The 24th day of October, 1994. No. 32238-102494. VIRGINIA, A RESOLUTION reappointing a Director of the Development Authority of the City of Roanoke, to fill year term on its Board of Directors. Industrial a four (4) WHEREAS, the Council is advised that the term of office of a Director of the Industrial Development Authority of the City of Roanoke, Virginia, expires on October 20, 1994; WHEREAS, S15.1-1377 of the Code of Virginia (1950), as amended, provides that appointments made by the governing body of such Directors shall, after initial appointment, be made for terms~ of four (4) years. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that W. Bolling Izard is hereby reappointed as a Director on the Board of Directors of the Industrial Development Authority of the City of Roanoke, Virginia, for a term of four years commencing on October 21, 1994, and expiring on October 20, 1998, to fill a vacancy created by the expiration of the term of office of said member on the Board occurring on October 20, 1994. ATTEST: City Clerk. MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W. Room 456 Roanokc~ Virginia 24011-1536 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk October 28, 1994 File #15-110-207 Mr. J. Darryl Burks 1529 Grayson Avenue, N. W. Roanoke, Virginia 24017 Dear Mr. Burks: I am enclosing copy of Resolution No. 32239-102494 reappointing you as a Director of the Industrial Development Authority of the City of Roanoke, Virginia, for a term of four years commencing October 21, 1994, and expiring October 20, 1998. Resolution No. 32239-102494 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 28, 1994. Enclosed you will find a Certificate of your reelection and an Oath or Affhnnation of Office which may be administer~.~d by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Municipal Building prior to serving in the capacity to which you were reelected. For your information and pursuant to Section 2.1-341.1, Code of Virginia (1950), as amended, I am enclosing copy of the Freedom of Information Act. On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to serve the City of Roanoke as a member of the Industrial Development Authority. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Eric. Mr. J. Darryl Burks October 28, 1994 Page 2 po: W. Bolling Izard, Chairperson, Industrial Development Authority of the City of Roanoke, P. O. Box 18165, Roanoke, Virginia 24014 Margaret R. Baker, Secretary, Industrial Development Authority of the City of Roanoke, 2140 Windsor Avenue, S. W., Roanoke, Virginia 24015 Sandra H. Eakin, Deputy City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, The 24th day of October, 1994. No. 32239-102494. VIRGINIA, A RESOLUTION reappointing a Director of the Development Authority of the City of Roanoke, to fill year term on its Board of Directors. Industrial a four (4) WHEREAS, the Council is advised that the term of office of a Director of the Industrial Development Authority of the City of Roanoke, Virginia, expires on October 20, 1994; WHEREAS, S15.1-1377 of the Code of Virginia (1950), as amended, provides that appointments made by the governing body of such Directors shall, after initial appointment, be made for terms of four (4) years. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that J. Darryl Burks is hereby reappointed as a Director on the Board of Directors of the Industrial Development Authority of the City of Roanoke, Virginia, for a term of four years commencing on October 21, 1994, and expiring on October 20, 1998, to fill a vacancy created by the expiration of the term of office of said member on the Board occurring on October 20, 1994. ATTEST: City Clerk. MARY F. PARKER, CMC/AAE City. Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke. Virginia 24011-1536 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk October 28, 1994 File #20 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: At a regular meeting of the Council of the City of Roanoke hold on Monday, October 24, 1994, Council Member Bowies requested that you investigate a potentially hazardous traffic situation at the three-way intersection near Lewes Home Center, Inc., and the new Kroger Superstore in the vicinity of Towne Square. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Office of the City Manager October 24, 1994 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia 24011 Dear Mayor Bowers and Members of Council: I want to make you aware of an event that, although not sponsored by the City, may generate some questions from City residents, particularly in regard to why the Roanoke Star will be red all week. The Roanoke Valley Drug and Alcohol Abuse Council, in cooperation with the Roanoke Area Youth Substance Abuse Coalition, will hold a press conference this afternoon to announce the events taking place this week, valley-wide, in support of Red Ribbon Week. The red ribbon was designated as the symbol of intolerance of illegal drug use and a commitment to a drug-free life style. It is now an ongoing national campaign, with the last week in October being designated as Red Ribbon Week. , The Roanoke Valley Drug and Alcohol Abuse Council is a regional group which I appoint, as an outgrowth of a City Task Force which focused on ways to address drug abuse in the City. In support of the Drug Council's Red Ribbon Week focus, the Roanoke Star will be illuminated red from today through Oct. 31, and Valley Metro has placed a red ribbon on the front of each bus in its fleet. Businesses are supporting the week in a number of ways. Carilion, Signet Bank and First Virginia Bank are providing red ribbons to all of their employees, and First Team Auto Mall is placing red ribbons on the antennas of all of the cars on its lot. From the school perspective, children at schools in the City, County and Salem are recognizing the week by wearing red, decorating schools with red ribbons, eating "red" food in the cafeteria and writing letters about drug abuse to President Clinton. The press conference this afternoon is open to the public and you are welcome to attend. It will be held in a play area behind the Community Center in the Lincoln Terrace, Housing Development, 1802 Dunbar Street, at 4:30 p.m. If you have any questions about Red Ribbon Week, please contact Michelle Bono, the City's Public Information Officer and one of the City representatives on the Drug Council. This is for your information only and requires no action. W. Robert Herbert City Manager Room 364 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia24011-1591 (703) 981-2333