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Home My WebLink AboutCouncil Actions 04-01-96PARROTT 32869 ROANOKE CITY CO UNCIL REGULAR WEEKLY SESSION CRES TAR BANK BUILDING MEZZANINE LEVEL APRIL 1, 1996 12:00 noon AGENDA FOR THE COUNCIL Call to Order -- Roll Call. Council Member McCadden was absent. A joint meeting with the Board of Directors of Downtown Roanoke, Inc. (12:00 noon - 1:30 p.m.) File #277-405 B. Hearing of Citizens Upon Public Matters: None. ROANOKE CITY CO UNCIL REGULAR WEEKLY SESSION CITY COUNCIL CHAMBER APRIL 1, 1996 2:00 p.m. AGENDA FOR THE COUNCIL Call to Order -= Roll Call. Council Member McCadden was absent The Invocation was delivered by The Reverend Thomas F. Stocks, Pastor, Rosalind Hills Baptist Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor David A. Bowers. Welcome. Mayor Bowers. ANNOUNCEMENTS: Selection of persons to be accorded the public interview for the position of School Board Trustee. Applicants are: James P. Beatty Farley Childress Charles W. Day Ead G. Gurtner 2 Martin D. Jeffrey James K. Lowe, Jr. Brian J. Wishneff Charles W. Day, Martin D. Jeffrey, James K. Lowe, Jr., and Brian J. Wishneffwili be interviewed on Thursday, April 25, 1996, commencing at 6:00 p.m., in the City Council Chamber. File #467 PRESENTATIONS: Adopted Resolution No. 32869-040196 congratulating and commending Center in the Square for receiving one of the 25 National Excellence Awards for The City Summit presented by the U. S. Department of Housing and Urban Development in reco~onition of Center in the Square's innovative approach to urban revitalization. (6-0) File #80-425 CONSENT AGENDA (APPROVED 6-0) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE MEMBERS OF CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. C-1 Minutes of the regular meetings of City Council held on Monday, December 11, 1995, and Monday, December 18, 1995; the meeting of Roanoke City Council, the Roanoke City School Board, and the City's representatives to the 1996 Session of the Virginia General Assembly held on Monday, December 18, 1995; and the Planning Workshop of City Council held on Wednesday, December 27, 1995. RECOMMENDED ACTION: Dispense with the reading thereof and approve as recorded. 3 C-2 C-3 C-4 A communication fi.om Mayor David A. Bowers requesting an Executive Session to discuss vacancies on various authorfies, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in request for Council to convene in File #15-110-132 Executive Session. A communication fi.om The Honorable Gordon E. Peters, City Treasurer, announcing his retirement effective May 31, 1996. RECOMMENDED ACTION: Receive and file. File #34 Removed from Consent Agenda for discussion. (See Item C-3 at bottom of page.) Qualification of the following persons: Ralph K. Smith, to fill the unexpired term of Gene Wirt, resigned, ending November 10, 1999, and Tommy L. Dowdy for a term ending November 10, 2000, as members of the Building Code Appeals Board, Building Maintenance Division (Volume II); and File #15-32-110 James D. Grisso as a Commissioner of the Hotel Roanoke Conference Center Commission for a term ending April 12, 2000. File #1S-110-247-258 RECOMMENDED ACTION: Receive and file. C-3 REGULAR AGENDA A communication from The Honorable Gordon E. Peters, City Treasurer, announcing his retirement effective May 31, 1996. The communication was received and filed, and the City Attorney was requested to prepare the proper measure recognizing the service of Mr. Peters. File #34 4 3. HEARING OF CITIZENS UPON PUBLIC MATTERS: Presentation of the Roanoke Valley Conceptual Crreenway Hah. Lucy Ellett, Chairperson, Roanoke Valley Greenways Steering Committee. ( 10 minutes) Received and fried. File #27-67-183-200-326-379 b. Other Hearing of Citizens: Council having previously authorized a public hearing to be held on Monday, April 22, 1996, at 7:00 p.m., in regard to the question of holding a referendum on a form of modified ward system for electing City Council Members, The Reverend Charles T. Green, President, Local Chapter, NAACP, requested that Council rescind its previous decision to hold a public hearing on the matter until the new Council takes office on July 1, 1996. (No action was taken.) File #40-132 4. PETITIONS AND COMMUNICATIONS: A communication fxom Vice-Mayor William White, Sr., with regard to the City's policy on responding to outstanding requests for curb and gutter. The matter was referred to the City Manager for report to Council. As a part of the City Manager's report, the Mayor requested that Council be provided with information on the dates of receipt by the City of pending requests for curb and gutter. File #57-66-132 5. REPORTS OF OFFICERS: a. CITY MANAGER: 5 BRll~FINGS: A report with regard to an overview of the City's training program. (10 minutes) The briefing was received and f'ded. With the concurrence of Council, Ms. Wyatt requested that Council be provided with information on the number and percentage of women and the number and percentage of minorities employed by the City of Roanoke, said data to be broken down by department, levels within the department, and City-wide, as well as the number and percentage of employees serving in dual roles (both a woman and a minority), said report to be presented to Council by June 1, 1996. File #184-202 o A report with regard to the Williamson Road Corridor Plan. (10 minutes) Received and filed. File 079-200-342 ITEMS RECOMMENDED FOR ACTION: A report recommending execution of a Request for Permit agreement with Plantation Pipeline Company to allow a crossing of its pipeline facilities with a sanitary sewer line in connection with the Tinker Creek Interceptor Sewer Replacement Project. Adopted Ordinance No. 32870 on first reading. (6-0) File #27-28-58-65-166-183-450 o A report recommending execution of an agreement between the City and the Virginia Depmhnent of Transportation, as well as all utility agreements for adjustment of water and sewer facilities, in Co connection with Phase II of the Peters Creek Road Extension Project; and appropriation of funds in connection therewith. Adopted Budget Ordinance No. 32871-040196 and Resolution No. 32872-040196. (6-0) File #20-27-60-77-183-468-514 5. A report recommending acceptance of certain bids received by the City for purchase of personal computers and related equipment. Adopted Resolution No. 32873-040196. (6-0) File #301-472 6. A report recommending acceptance of a grant, in the amount of $38,625.00, f~om the Virginia Department of Criminal Justice Services for the Juvenile Drag Dealers' Intervention Program. Adopted Resolution No. 32874-040196. (6-0) File #76-236-304-305 DIRECTOR OF FINANCE: 1. A financial report for the month of February, 1996. Received and filed. File #1-10 CITY ATTORNEY: 1. A report with regard to legal issues in building and housing code enforcement. Received and filed. File #32-137-178 7 6. REPORTS OF COMMITTEES: A report of the Roanoke Civic Center Commission recommending extension of the food/beverage concession management contract agreement between the City and The Swanson Corporation for a period of three years with an option by the City to extend the contract for up to two additional years; and a report of the City Manager concurring in the recommendation. J. William Stephens, Chairperson. Adopted Ordinance No. 32875 on first reading. (6-0) File #169-192 A report of the bid committee recommending acceptance of the bid submitted by J. P. Turner and Brothers, Inc., in the amount of $247,994.75, for installation of a water main and appurtenances extending from the existing 16 inch main on Route 460, then following Route 660 to the City-owned facilities at Coyner Springs; and appropriation of funds in connection therewith. Vice-Mayor William White, Sr., Chairperson. Adopted Budget Ordinance No. 32876-040196 and Ordinance No. 32877-040196. (6-0) File #28-60-183-268-305-468 A report of the Water Resources Committee recommending extension of the lease and agreement with Virginia Polytechnic Institute and State University for space used by the Graduate Center located at 111-117 Church Avenue, S. W. Council Member Elizabeth T. Bowles, Chairperson. Adopted Ordinance No. 32878 on first reading. (5-0, Mr. White was out of the Council Chamber.) File #181-373-467-468 do A report of the Water Resources Committee recommending acquisition of property rights needed by the City for construction of the Peters Creek (PC-3) Sewer Interceptor Project. Council Member Elizabeth T. Bowles, Chairperson. Adopted Budget Ordinance No. 32879-040196 and Ordinance No. 32880-040196. (5-0, Dr. Butler abstained from voting.) File 027-28-30-60-166-183-468-514 A report of the Water Resources Committee recommending execution of the necessary documents providing for the sale and conveyance of property owned by the City and located at the northwest comer of Liberty Road and Hillcrest Avenue, N. W. Council Member Elizabeth T. Bowles, Chairperson. Adopted Ordinance No. 32881 on first reading. (6-0) File #166-468-514 A report of the Water Resources Committee recommending acquisition of property rights needed by the City for the Brambleton Avenue, Cove Road and Peachtree Road Bridge Replacement Projects. Council Member Elizabeth T. Bowles, Chairperson. Adopted Budget Ordinance No. 32882-040196 and Ordinance No. 32883-040196. (6-0) File #28-30-102-514 7. UNFINISHED BUSINESS: None. 0 INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: bo Ordinance No. 32864, on second reading, rezoning a certain tract of land located at 1010 Norfolk Avenue, S. W., Official Tax No. 1110805, from LM, Light Manufacturing District, to RM-1, Residential Multi-family, Low Density District. Adopted Ordinance No. 32864-040196. (6-0) File #51 Ordinance No. 32865, on second reading, rezoning the rear portion of a tract of land measuring 75 feet by 246 feet, more or less, located offof Cove Road, N. W., Official Tax No. 2560134, from RM-1, Residential Multi-family, Low Density District, to C-2, General Cormnercial District, subject to certain conditions proffered by the petitioner. Adopted Ordinance 32865-040196. (6-0) File 051 Ordinance No. 32866, on second reading, rezoning a certain tract of land located on Albemarle Avenue, S. E., Official Tax Nos. 4022213, 4022214 and 4022215, fi'om HM, Heavy Manufacturing District, to RM-1, Residential Multi-family, Low Density District, subject to certain conditions proffered by the petitioner. Adopted Ordinance No. 32866-040196. (6-0) File #51 Ordinance No. 32867, on second reading, rezoning a certain 13.8-acre tract of land lying at the north end of Griffin Road, adjacent to the east side of Franldin Road, S. W., Id. S. Route 220, Official Tax No. 5480712, from RS-3, Residential Single-Family District, to C-2, General Commercial District, and RPUD, Residential Planned Unit Development District, subject to certain conditions proffered by the petitioner. Adopted Ordinance No. 32867-040196. (6-0) File #51 9. MOTIONS AND MISCELLANEOUS BUSINESS: a. Inquiries and/or comments by the Mayor and Members of City Council. Vice-Mayor White inquired as to when Council will receive a report with regard to conditions of the Section 108 Loan on The Hotel Roanoke & Conference Center; whereupon, with the concurrence of Council, the request was referred to the City Manager for report. File #132-247-258 l0 Vacancies on various authorities, boards, commissions and committees appointed by Council. 10. HEARING OF CITIZENS UPON PUBLIC MATTERS: CERTIFICATION OF EXECUTIVE SESSION. (6-0) Appointed Walter M. Fizer as a member of the Building Code Appeals Board, Building Construction Division (Volume I), for a term ending September 30, 1997. File #15-32-110 Appointed Dennis D. Tinsley and Harry J. Giuliani as members of the Citizens Advisory Committee - Roanoke Valley Regional Stormwater Management Study. File #110-326-468 OFFICERS AND DIRECTORS ROBERT C, LAWSON, JR. Crestar Bank President ROBERT B. MANETTA Carillon Health System President-Elect ROBERT B, CALLANAN, JR, 309 First Street Vice P residerlt H, LAWRENCE DAVtD$ON TED MOOMAW, JR, ROBERT W, HELMS GARY D. BALDWIN ROBERT G, BENNETT JOHN P. GROVE EDWIN C, HALL JOHN W. LAMBERT, JR. MICHAEL M, WALDVOGEL JOSEPH B. WRIGHT March 13, 1996 The Honorable Mayor Bowers and Members of City Council 215 Church Ave. SW Roanoke, VA 24011-1536 Dear Mayor Bowers and Members of Council, On behalf of the Board of Directors of Downtown Roanoke Incorporated, I would like to thank you for agreeing to meet with the officers of our organization for lunch on Monday, April 1, 1996 at 12 noon in our boardroom in the Cmstar Bank Building. The meeting will conclude by 1:30 p.m. I would also like to extend an invitation to all council-appointed officers to attend this meeting where we will brief Council on OUTLOOK Downtown Roanoke, the exciting new planning initiative for the downtown area. Thank you for agreeing to meet with us on April 1 st. We look forward to discussing OUTLOOK and any other concerns you may have about the downtown area. Sincerely, R. Matthew Kennell Executive Director CCi Robert C. Lawson, Jr., President, DRI W. Robert Herbert, Roanoke City Manager DOWNTOWN ROANOKE INCORPORATED 310 FIRST STREET, S.W. · ROANOKE, VIRGINIA 24011 (540) 342-2028 · FAX (540) 344-1452 ANNIVERSARY IN THE COUNCIL OF THE CITY OF ROANOKE, The 18th day of March, 1996. No. 32863-031896. VIRGINIA, A RESOLUTION changing the time and place of commencement of the regular meeting of City Council scheduled to be held at 12:30 p.m., on Monday, April 1, 1996. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The meeting of City Council regularly scheduled to be held at 12:30 p.m. on Monday, April 1, 1996, is hereby rescheduled to be held at 12:00 noon, Monday, April 1, 1996, at the Crestar Bank Building, Mezzanine Level, 37 West Church Avenue, with the 2:00 p.m. session on the same date to be held in City Council Chambers, at 215 Church Avenue, S. W. 2. The City Clerk is hereby authorized to take whatever steps are deemed necessary to notify the public of the change in the time and place of such meeting. ATTEST: City Clerk. MEMORANDUM TO: OFFICERS AND D~RECTORS Crestar Rank FROM: ROBERT S. CALLAHAN, JR. w~,, P~,,ide.~ DATE: H. LAWRENCE DAVIDSON BEVER~.Y T. FITZPATRICK, JR, DRI Officers Matt Kennell, Executive Director ~/~-~ Lunch Meeting with City Council March 26, 1996 Please find below an agenda for the upcoming lunch meeting with City Council, DRI officers and staff. The luncheon is scheduled for Monday, April 1, 1996 at 12 noon in the DRI Board Room. I look forward to seeing you on Monday. If you have any questions or are not able to attend, please call me at 342-2028. AGENDA 12:00 Welcome and introduction of DRI officers, staff, and OUTLOOK consultants -Bob Lawson 12:10 Box lunches are served 12:15 Lead in to OUTLOOK discussion - Bev Fitzpatrick 12:20 - 12:50 OUTLOOK consultants give overview of project/will ask Council, City staff, DRlofficers for input on key issues - Rob Robinson (UDA) 12:50 to 1:05 General discussion of downtown issues - Matt Kennell 1:10 Adjourn Meeting - Bob Lawson DOWNTOWN ROANOKE INCORPORATED 310 FIRST STREET, S.W. · ROANOKE, VIRGINtA 24011 (540) 342-2028 · FAX (540) 344-1452 ANN [VERS.4. RY City Clerk's Office City of Roanoke, Virginia April 4, 1996 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. 32871-040196 Resolution No. 32872.-040196 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 1, 1996. If you have questions, please do not hesitate to cell 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 April 4, 1996 Lori S. Spencer Grants Monitor Roanoke, Virginia Dear Ms. Spencer: I am attaching copy of the following measure that pertains to your department: Resolution No. 32874-040196 The abovereferanced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 1, 1996. 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 April 4, 1996 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. 32864-040196 Ordinance No. 32865-040196 Ordinance No. 32866-040196 Ordinance No. 32867-040196 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 1, 1996. If you have questions, please do not hesitate to call me. Sincerely, MFP:sm Enc. pc: Mary F. Parker, CMC/AAE City Clerk Kathy L. Brickey, Appraiser Aide, Real Estate Valuation City Clerk's Office City of Roanoke, Virginia April 4, 1996 Evelyn D. Dorsey Zoning Administrator Roanoke, Virginia Dear Ms. Dorsey: I am attaching copy of the following measures that pertain to your department: Ordinance No. 32864-040196 Ordinance No. 32865-040196 Ordinance No. 32866-040196 Ordinance No. 32867-040196 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 1, 1996. 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 April 4, 1996 Steven J. Talevi Assistant City Attorney Roanoke, Virginia Dear Mr. Talevi: I am attaching copy of the following measures that pertain to the City Attorney's Office: Ordinance No. 32864-040196 Ordinance No. 32865-040196 Ordinance No. 32866-040196 Ordinance No. 32867-040196 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 1, 1996. 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 April 4, 1996 Archie Harrington, Manager City Information System Roanoke, Virginia Dear Mr. Harrington: I am attaching copy of the following measure that pertains to your department: Resolution No. 32873-040196 The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 1, 1996. If you have questions, please do not hesitate to cell me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. City Clerk's Office City of Roanoke, Virginia April 4, 1996 Ronald H. Miller Building Commissioner Roanoke, Virginia Dear Mr. Miller: I am attaching copy of the following measures that pertain to your department: Ordinance No. 32864-O40196 Ordinance No. 32865-040196 Ordinance No. 32866-O40196 Ordinance No. 32867-040196 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 1, 1996. 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 April 4, 1996 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. 32864-040196 Ordinance No. 32865-040196 Ordinance No. 32866-040196 Ordinance No. 32867-O40196 Resolution No. 32869-040196 Budget Ordinance No. 32871-040196 Resolution No. 32872-040196 Resolution No. 32873-040196 Resolution No. 32874-040196 Budget Ordinance No. 32875-040196 Budget Ordinance No. 32876-040196 Ordinance No. 32877-040196 Budget Ordinance No. 32879-040196 Ordinance No. 32880-040196 Budget Ordinance No. 32881-040196 Ordinance No. 32882-040196 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 1, 1996. If you have questions, please do not hesitate to cell me. Sincerely, Mary F. Parker, CMC/,a~,E City Clerk MFP:sm Enc. City Clerk's Office City of Roanoke, Virginia April 4, 1996 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. 32871-040196 Resolution No. 32872-040196 Resolution No. 32873-040196 Resolution No. 32874-040196 Budget Ordinance No. 32875-040196 Budget Ordinance No. 32876-040196 Ordinance No. 32877-040196 Budget Ordinance No. 32879-040196 Ordinance No. 32880-040196 Budget Ordinance No. 32881-040196 Ordinance No. 32882-040196 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 1, 1996. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/,a(AE City Clerk MFP:sm Enc. City Clerk's Offioe City of Roanoke, Virginia April 4, 1996 Wilbum 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. 32864-040196 Ordinance No. 32865-040196 Ordinance No. 32867-040196 Resolution No. 32869-040196 Resolution No. 32872-040196 Resolution No. 32873-040196 Resolution No. 32874-040196 Ordinance No. 32877-040196 Ordinance No. 32880-040196 Ordinance No. 32882-040196 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 1, 1996. 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 April 4, 1996 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. 32871-040196 Resolution No. 32872-040196 Resolution No. 32873-040196 Resolution No. 32874-040196 Budget Ordinance No. 32875-040196 Budget Ordinance No. 32876-040196 Ordinance No. 32877-040196 Budget Ordinance No. 32879-040196 Ordinance No. 32880-040196 Budget Ordinance No. 32881-040196 Ordinance No. 32882-040196 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 1, 1996. If you have questions, please do not hesitate to Call me. Sincerely, Mary F. Parker, CMC/ME City Clerk MFP:sm Enc. City Clerk's Office City of Roenoke, Virginia April 4, 1996 Glenn D. Radcliffe, Director Human Resources Roanoke, Virginia Dear Mr. Radcliffe: I am attaching copy of the following measures that pertain to your directorate: Resolution No. 32874-040196 Budget Ordinance No. 32875-O40196 Budget Ordinance No. 32876-040196 Ordinance No. 32877-040196 The abovereferencad measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 1, 1996. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/.a~AE City Clerk MFP:sm Enc. City Clerk's Office City of Roanoke, Virginia April 4, 1996 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. 32875-O40196 Budget Ordinance No. 32876-040196 Ordinance No. 32877-040196 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 1, 1996. 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 April 4, 1996 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. 32864-040196 Ordinance No. 32865-040196 Ordinance No. 32866-040196 Ordinance No. 32867-040196 Budget Ordinance No. 32871-040196 Resolution No. 32872-040196 Resolution No. 32873-040196 Budget Ordinance No. 32875-040196 Budget Ordinance No. 32876-040196 Ordinance No. 32877-040196 Budget Ordinance No. 32879-040196 Ordinance No. 32880-040196 Budget Ordinance No. 32881-040196 Ordinance No. 32882-040196 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 1, 1996. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm City Clerk's Office City of Roanoke, Virginia April 4, 1996 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. 32864-040196 Ordinance No. 32865-040196 Ordinance No. 32866-040196 Ordinance No. 32867-040196 Budget Ordinance No. 32871-040196 Resolution No. 32872-040196 Resolution No. 32873-O40196 Budget Ordinance No. 32875-O40196 Budget Ordinance No. 32876-040196 Ordinance No. 32877-040196 Budget Ordinance No. 32879-040196 Ordinance No. 32880-040196 Budget Ordinance No. 32881-040196 Ordinance No. 32882-040196 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 1, 1996. If you have questions, please do not hesitate to call me. Sincerely, rker, CMC/AAE City Clerk MFP:sm Enc. City Clerk's Office City of Roanoke, Virginia April 4, 1996 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. 32864-040196 Ordinance No. 32865-040196 Ordinance No. 32866-040196 Ordinance No. 32867-040196 Budget Ordinance No. 32871-040196 Resolution No. 32872-040196 Resolution No. 32873-040196 Budget Ordinance No. 32875-040196 Budget Ordinance No. 32876-040196 Ordinance No. 32877-040196 Budget Ordinance No. 32879-040196 Ordinance No. 32880-040196 Budget Ordinance No. 32881-040196 Ordinance No. 32882-040196 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 1, 1996. If you have questions, please do not hesitate to call me. Sincerely, MaN F. Parker, CMC/~AE City Clerk MFP:sm Enc. City Clerk's Office City of Roanoke, Virginia April 4, 1996 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. 32864-040196 Ordinance No. 32865-040196 Ordinance No. 32866-040196 Ordinance No. 32867-040196 Budget Ordinance No. 32871-040196 Resolution No. 32872-040196 Budget Ordinance No. 32875-040196 Budget Ordinance No. 32876-040196 Ordinance No. 32877-040196 Budget Ordinance No. 32879-040196 Ordinance No. 32880-040196 Budget Ordinance No. 32881-040196 Ordinance No. 32882-040196 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 1, 1996. If you have questions, please do not hesitate to call me. Sincerely, City Clerk MFP:sm Eno. City Clerk's Office City of Roanoke, Virginia April 4, 1996 D. Darwin Roupe, Manager Supply Management Roanoke, Virginia Dear Mr. Roupe: I am attaching copy of the following measures that pertain to your department: Resolution No. 32873-040196 Budget Ordinance No. 32875-040196 Budget Ordinance No. 32876-040196 Ordinance No. 32877-O40196 Budget Ordinance No. 32881-040196 Ordinance No. 32882-040196 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 1, 1996. If you have questions, please do not hesitate to cell me. Sincerely, Mary F. Parker, CMC/-AAE City Clerk MFP:sm Enc. City Clerk's Office City of Roanoke, Virginia April 4, 1996 Ellen S. Evans Construction Cost Technician Roanoke, Virginia Dear Ms. Evans: I am attaching copy of the following measures that pertain to the Engineering Department: Budget Ordinance No. 32871-040196 Resolution No. 32872-040196 Budget Ordinance No. 32875-O40196 Budget Ordinance No. 32876-040196 Ordinance No. 32877-040196 Budget Ordinance No. 32879-040196 Ordinance No. 32880-040196 Budget Ordinance No. 32881-040196 Ordinance No. 32882-040196 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 1, 1996. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. MARY E 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: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk April 3, 1996 File/f.467 Mr. James P. Beetty 3063 Swarthmore Avenue, N. W. Roanoke, Virginia 24017 Dear Mr. Beatty: At a regular meeting of the Council of the City of Roanoke held on Monday, April 1, 1996, and pursuant to Ordinance No. 24409, Council selected the following four persons to be accorded the formal interview for the position of Roanoke City School Board Trustee: Charles W. Day Martin D. Jeffrey James K. Lowe, Jr. Brian J. Wishneff On behalf of the Mayor and Members of the Roanoke City Council, I wOuld like to express appreciation for your interest in serving the City of Roanoke and the Roanoke City school system. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm MARY E PARKF.~, CMC/AAE City Cl~rk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk April 3, 1996 File ft-467 Mr. Farley Childress 1378 Thomason Road, S. E. Roanoke, Virginia 24014 Dear Mr. Childress: At a regular meeting of the Council of the City of Roanoke held on Monday, April 1, 1996, and pursuant to Ordinance No. 24409, Council selected the following four persons to be accorded the formal interview for the position of Roanoke City School Board Trustee: Charles W. Day Martin D. Jeffrey James K. Lowe, Jr. Brian J. Wishneff On behalf of the Mayor and Members of the Roanoke City Council, I would like to express appreciation for your interest in serving the City of Roanoke and the Roanoke City school system. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm MARY E PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.V~, Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk April 3, 1996 File $467 Mr. Earl G. Gurtner 2326 Barnhill Lane, S. W. Roanoke, Virginia 24018 Dear Mr. Gurtner: At a regular meeting of the Council of the City of Roanoke held on Monday, April 1, 1996, and pursuant to Ordinance No. 24409, Council selected the following four persons to be accorded the formal interview for the position of Roanoke City School Board Trustee: Charles W. Day Martin D. Jeffrey James K. Lowe, Jr. Brian J. Wishneff On behalf of the Mayor and Members of the Roanoke City Council, I would like to express appreciation for your interest in serving the City of Roanoke and the Roanoke City school system. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 1st day of April, 1996. No. 32869-040196. A RESOLUTION congratulating and commending Center in the Square for receiving one of the 25 National Excellence Awards for The City Summit presented by the U.S. Department of Housing and Urban Development in recognition of Center in the Square's innovative approach to urban revitalization. WHEREAS, Center in the Square provides rent free space, marketing assistance, and administrative services for arts, cultural and historical organizations serving the Roanoke Valley area; WHEREAS, thousands of children and adults have benefited by access to arts and entertainment provided at Center in the Square; WHEREAS, since Center in the Square's creation, new businesses have invested and opened in the downtown area, adding new life and job opportunities to an area that many had considered lost to deterioration and crime; WHEREAS, as a recipient of the National Excellence Award, Center in the Square will provide a useful model that other communities across the country and throughout the world may adopt to address problems of rapid urbanization and to initiate world- wide action to improve shelter and living environments; WHEREAS, by sharing their experience and knowledge at the Second United Nations Conference on Human Settlements (Habitat II), also known as The City Summit to be convened in Istanbul, Turkey in June 1996 to address problems of rapid urbanization and to initiate world-wide action to improve shelter and living environments, the Center in the Square will help government, nonprofit, and private organizations from around the world make their cities, towns and villages healthy, safe, equitable and sustainable; and WHEREAS, Roanoke City Council is desirous of extending special recognition to Center in the Square for its outstanding creative solutions to pressing urban challenges. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. On behalf of the City of Roanoke and its citizens, this Council extends its congratulations and highest commendations to the Center in the Square for its receipt of one of the 25 National Excellence Awards for The City Summit presented by the U.S. Department of Housing and Urban Development. 2. The City Clerk is directed to forward an attested copy of this resolution to Dr. James C. Sears, President and General Manager of Center in the Square. ATTEST: City Clerk. DAVID A. BOWERS Mayor CITY OF ROANOKE CITY COUNCIL 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 98 1-2541 Fax: (540) 224-3145 April 1, 1996 Council Members: Elizabeth T. Bowies Wendell H. Butler Delvis O. "Mac" McCadden John H. Parrott William White, Sr. Linda F. Wyatt The Honorable Vice Mayor and Members of 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, David A. Bowers Mayor DAB:sm MARY E PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 240i 1-~.536 Telephone: (540) 981-2541 lax: (540) 224-3145 April 3, 1996 File #15-32-110 SANDRA H. EAKIN Deputy City Clerk Stanley G. Breakell, Chairperson Building Code Appeals Board, Volume II, (Building Maintenance Division) 3256 Allendale Street, S. W. Roanoke, Virginia 24014 Dear Mr. Breakell: This is to advise you that the following persons have qualified to serve as members of the Building Code Appeals Board, Volume II (Building Maintenance Division): Ralph K. Smith, to fill the unexpired term of Gene Wirt, resigned, ending November 10, 1999, and Tommy L. Dowdy for a term ending November 10, 2000 Sincerely, ~)~ Mary F. Parker, CMC/AAE City Clerk MFP:sm pc: Patti C. Hanes, Secretary, Building Code Appeals Board, Volume II (Building Maintenance Division) Sandra H. Eakin, Deputy City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Ralph K. Smith, 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 Building Code Appeals Board, Volume II (Building Maintenance Division), to fill the unexpired term of Gene Wirt, ending November 10, 1999, according to the best of.~a~li,,~./,So help~'ne.,(~od. Subscribed and sworn to before me this IL~ day of _/~_E_~ 996. ARTHUR B. CRUSH, III, CLERK , DEPUTY CLERK H:'~AGENDA'~MARCH.4 Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Tommy L. Dowdy, 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 Building Code Appe~ts Board, Building Maintenance Division (Volume II), for a term en~.~l[m~N~vembe~'/~0,12000, according to the best of my ab ty Subscribed and sworn to before me this,~-~x day~/f,~/,~.~H- 1996. ARTHUR B. CRUSH, III, CLERK , DEPUTY CLERK MARY E 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: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk April 3, 1996 File #15-110-247-258 William White, Sr., Chairperson Hotel Roanoke Conference Center Commission, 902 Lafayette Boulevard, N. W. Roanoke, Virginia 24017 Dear Mr. White: This is to advise you that on March 25, 1996, James D. Grisso qualified as a Commissioner of the Hotel Roanoke Conference Center Commission for a term ending April 12, 2000. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm pc: Dr. Raymond D. Smoot, Jr., Secretary, Hotel Roanoke Conference Center Commission, Virginia Tech, 312 Burruss Hall, Blacksburg, Virginia 24061-0142 Deborah J. Moses, Director, Hotel Roanoke Conference Center Commission Sandra H. Eakin, Deputy City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, James D. Grisso, 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 Commissioner of the Hotel Roanoke Conference Center Commission for a term ending April 12, 2000, according to the best of my ability. So help me God. Subscribed and sworn to before me this~.~ day of ~.~1_996. ARTHUR B. CRUSH, III, CLERK BY ~,?'~ ~ ~~ ~:~.~, DEPUTY CLERK MARY E PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 TeIephone: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk April 3, 1996 File #34 Wilbum 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, April 1, 1996, the Honorable Gordon E. Peters, City Treasurer, announced his retirement, effective May 31, 1996. On motion, duly seconded and adopted, you were requested to prepare the proper measure recognizing the service of Mr. Peters. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm MARY E 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: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk April 3, 1996 File #34 The Honorable Gordon E. Peters City Treasurer Roanoke, Virginia Dear Mr. Peters: Your communication announcing your retirement, effective May 31, 1996, was before the Council of the City of Roanoke at a regular meeting held on Monday, April 1, 1996. On motion, duly seconded and adopted, your communication was received and filed. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm CITY OF ROANOKE TREASURER'S OFFICE P.O. BOX 1451 ROANOKE, VIRGINIA 24007-1451 TELEPHONE: (540} 981-2561 TELECOPIER: (540) 224-3019 GORDON E. PETERS TREASURER DAVID C. ANDERSON CHIEF DEPUTY April 1, 1996 The Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Council Members: After thirty years of service to the City, including eighteen years as City Treasurer, I am announcing my retirement effective at the close of business on May 31, 1996. The people of this City have honored me by electing me to the Constitutional office of Treasurer five times, and it has been my privilege to serve this City and its people for so many years. I am pleased to leave the Office of Treasurer in excellent condition. The Office is blessed with dedicated and competent public servants who have served this City well for many years and will continue to do so in the future. During the transition, I shall look forward to working closely and cordially with the person Council appoints as my successor pursuant to §39 of the City Charter. I have enjoyed very much my association with each of the City Councils with which I have served and appreciate very much the support that you have provided to me and my Office. I have also enjoyed my association with the competent professionals you have appointed to Council offices. With best wishes for the continued success of the City of Roanoke, I am Sincerely yours, Gordon E. Peters City Treasurer GET:c §38 ROANOKE CODE the council may by ordinance prescribe, with surety to be approved by the council, conditioned for the faithful performance of all his duties under this charter, and under any ordinance of the city. He shall perform such duties not inconsistent with the laws of the State in relation to the assessment of property and licenses as may be required by the council for the purpose of levying city taxas and licenses. He shall have power to administer such oaths as may be required by the council in the assessment of 1/cenee taxes or other taxes for the city. He shall make such reports in regard to the assessment of both property and licenses, or either, as may be required by the council. The council may by ordinance require that all tax bills shall be made out by the commissioner of the revenue and delivered in such manner as said ordinance may prescribe. For all such services the said commissioner of the revenue shall receive such compensation as the council may from time to time prescribe by ordinance in conformity with general law. § 39. Vacancies in the office of city treasurer or commissioner of revenue. In case of any vacancy in the office of the city treasurer or commissioner of the revenue, the council shall select a qualified person to fill the office in which such vacancy occurs for the unexpired term; provided that if the term of office so filled does not expire for two years or more after the next regular municipal election for the election of council- men following such vacancy, and such vacancy occurs in time to permit it, a city treasurer or commissioner of the revenue, as the case may be, shall then be elected and shall from and after the date of his qualification succeed such appointee and serve the unexpired term. § 40. Contracts for public improvements; purchases. Any purchase, public work, or improvement, costing more than fifteen thousand dollars, except as provided in the next suc- ceeding section, shall be executed by contract. All contracts for more than fifteen thousand dollars shall be awarded after public advertisement and competition, as may be prescribed by general Supp. No. 25 48 Ma~-25-g6 10:OSA 5thPDC Roanoke VA 540 343 4417 P.O1 FIFTH PLANNING DISTRICT COMMISSION 313 Luck Avenue, 5W Post Office Box 2569 Roanoke, Virsinia 24010 (703)343-4417 · fax (703)343-441(, March 25, 1996 FAX MEMORANDUM TO: FROM: SUBJ: Mary Parker, City Council Clerk Helen Smythers~?Fifth PDC), on behalf of Lucy Ellett, Roanoke Valley Greenways Steering Committee Chair Presentation to City Council on April 1, 1996 Mrs. Ellett asked me to fax you a confirmation of our request to appear before City Council at its meeting on Monday, April 1, 1996, at 2:00 p.m. Mrs. Ellett, as Chair of the Roanoke Valley Greenways Steering Committee, will be presenting the Roanoke Valley Conceptual Greenway Plan to City Counczl. Her presentation will be brief, taking under l~minutes (or less if so advised). Thank you for adding us to the agenda at this late date. Please let me know if there will be any problems or if you have any questions. cc: John Marlles Wayne Strickland Serving Alleghany County, 8otetourt County, Clifton For&e, Covington, Crai8 County, Roanoke City, Roanoke County, Salem, and the Town of Vinton 10:17 54~ 343 4~IT 97Z P.01 Office of the City Manager March 27, 1996 The Honorable David A. Bowers, Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Mayor and Members of Council: At City Council's meeting on April 1, 1996, Mrs. Lucy Ellett, Chairman of the Roanoke Valley Greenways/Open Space Steering Committee will be presenting the Roanoke Valley Conceptual Greenways Plan to City Council. Council members were briefed on the draft plan recommendations and the process used to develop it at your meeting on February 20, 1996. Mrs. Ellett will also be presenting to City Council and the other Val/ey governing bodies a resolution approved by the Committee at its meeting on March 21, 1996. The resolution recommends that the sewer interceptor project along the Roanoke River and Tinker Creek be planned and engineered in a way that will enable construction ora greenway along the river and the creek. The Committee specifically asks that: (1) the reconstruction of the riverbank and streambank be designed in a way that will make greenway construction easier in the future (i.e., colasider how grading, benching, or other changes in topography will facilitate future use as a greenway): and (2) while officials are discussing utility easements with property owners, they ask for recreaiional or trail easements also, where feasible. As City Council is aware, the Tinker Creek and Roanoke River Sewer Interceptor Projects have been under design for the past 12 months. The City of Roanoke is under contract with the other Valley jurisdictions to design the project. It is imperative that we proceed with this project in a timely manner to ensure that sewer connections can be granted without interruption. I have previously discussed with Mrs. Ellett the need for the sewer project to proceed in a timely manner. Staffand consulting engineers have been cautioned, however, to do nothing that wou!d impede the future development ora greenway trail by the appropriate entity. In an effort to continue to address the recommendations of the Greenways/Open Space Steering Committee, I have assembled a team with representatives from the City's Engineering, Planning and Parks and Recreation Departments and the FiSh Planning District Commission, which provides staffsupport to the Greenways/Open Space Steering Committee, to review the plans for the proposed sewer interceptor project to determine if and where a greenway may be feasible. I have requested that the team make its recommendation to me by April 15, 1996. I will in turn share this information with Mrs. Ellett. Room 364 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 981-2333 FAX (540} 224-3138 Members of Council Page 2 Please call me or Bill Clark if you have any questions regarding this report. Respectfully submitted, W'RI-I:JRM:mpf CC; W. Robert Herbert City Manager Mrs. Lucy Ellett, Chairman, Greenways/Open Space Steering Committee Mrs. Mary F. Parker, City Clerk Mr. William F. Clark, Director of Public Works FIFTH PLANNING DISTRICT COMMISSION 313 Luck Avenue, SW Post Office Box 2569 Roanoke, Virginia 24010 (703)343-4417 · fax (703)343-4416 April 1, 1996 Mayor David Bowers and Members of City Council Municipal Building 215 Church Avenue, SW Roanoke, VA 24011 Dear Mayor Bowers and City Council: On behalf of the Roanoke Valley Greenways/Open Space Steering Committee, I want to thank you for your assistance with the preparation of the Roanoke Valley Conceptual Greenway Plan. We are pleased wi~h the results and feel optimistic about the future of greenways in the Valley. The City's ISTEA application for the Mill Mountain Greenway is an excellent project and we certainly hope it is funded. In addition, we feel that the Valley needs to watch for all types of opportunities for the establishment of greenways. I am writing you today about one such opportunity. At its March 21, 1996 meeting, the Roanoke Valley Greenways/Open Space Steering Committee unanimously passed the following resolution regarding the sewer interceptor upgrade along the Roanoke River and Tinker Creek in Roanoke City. Since the sewer upgrade is a regional project, the Committee is making this request of the governing bodies of Roanoke City, Roanoke County, Botetourt County, Salem, and Vinton. The Roanoke Valley Greenways/Open Space Steering Committee recommends that the sewer interceptor project along the Roanoke River and Tinker Creek be planned and engineered in a way that will enable future construction of a greenway along the river and creek. The Committee specifically asks that (1) the reconstruction of the riverbank and streambank be designed in a way that will make greenway construction easier in the future (i.e., consider how grading, benching, or other changes in topography will facilitate future use as a greenway), and (2) while officials are discussing utility easements with property owners, they ask for recreational or trail easements also, where feasible. Please let me know if the committee can be of any assistance. Sincerely, Steering Committee Chair Serving Alleghany County, Botetourt County, Clifton Forge, Covington, Craig County, Roanoke City, Roanoke County, Salem, and the Town of Vinton FIFTH PLANNINGDISTRICT COMMISSION 313 Luck Avenue, SW Post Office Box 2569 Roanoke, Virginia 24010 (703)343-4417 · fax (703)343-4416 April 1, 1996 MEMORANDUM TO: FROM: SUBJ: Bob Herbert, Roanoke City Manager Randy Smith, Salem City Manager Clay Goodman, Vinton Town Manager Elmer Hodge, Roanoke County Administrator Lucy Ellett, Roanoke Valley Greenways/Open Space Steering Committee Chair Request for Funding for Greenway Coordinator I am writing on behalf of the Roanoke Valley Greenways/Open Space Steering Committee to clarify the request we made earlier this year for funding for a Greenway Coordinator. In January, we asked Roanoke City, Roanoke County, Salem, and Vinton to contribute in the following amounts for this position. Jurisdiction Population Estimate % Share $ Request Roanoke Co. 73,704 36% $21,600 Roanoke City 97,200 48% $28,800 Salem 24,200 12% $ 7,200 Vinton 7,796 4% $ 2,400 Totals 202,900 100% $60,000 Since that time, we have found that the Fifth Planning District Commission can utilize planning funding from the Virginia Department of Transportation (and the Federal Highway Administration through VDOT) for greenway, bikeway, and pedestrian planning. Once such a position is established at the Fifth PDC, this person would be able to devote approximately half of his/her work hours on greenway planning activities (and the other half on bikeway and pedestrian planning). The planner would work with all jurisdictions in the Fifth Planning District (Alleghany Highlands, Botetourt and Craig Counties, and the Roanoke Valley). We are happy about the possibility of VDOT involvement in these planning activities within the Fifth Planning District. However, I would like to clarify that the position of Greenway, Bikeway, and Pedestrian Planner at the PDC is not identical to what the Roanoke Serving Alleghany County, Botetourt County, Clifton Forge, Covington, Craig County, Roanoke City, Roanoke County, Salem, and the Town of Vinton Valley Greenways Steering Committee has requested. It is only part of what we envisioned. VDOT would fund this person's greenway planning activities only. He or she would not be able to perform what we had hoped a Greenway Coordinator would be able to do in the area of marketing, advocacy, and promotional activities. Therefore, we propose to utilize this VDOT-funded planner at the Fifth PDC for his/her allocated greenway planning hours, and request that the localities fund the Greenway Coordinator position also. The latter would be assigned the greenway activities not funded under the former. We strongly feel that both elements are needed. The attachment highlights the differences between the VDOT-funded Greenway, Bikeway, and Pedestrian Planner and the locally-funded Greenway Coordinator. I hope you will notice the vast difference it would make if both a Planner and a Coordinator were available. The latter would be especially important in ensuring that greenways bring to the Roanoke Valley the same economic benefit that other communities have realized from similar activities. Please contact me if you have any questions. cc: Mayor David Bowers Mayor James Taliaferro Mayor Charles Hill Chairman Bob Johnson John Marlles Joe Yates Anita McMillan Jon Hartley Tam McBride STAFF REPORT: Summary of Differences Between Two Greenway Positions March 30, 1996 Two Greenway Positions Under Consideration The Greenway, Bikeway, and Pedestrian Planner would be funded with Virginia Department of Transportation (VDOT) funding to the Fifth PDC (with 10% match from the PDC). Preliminary approval has been given by the Fifth PDC and VDOT for this position to be filled shortly after 7-1-96. The Greenway Coordinator is the additional position being requested by the Roanoke Valley Greenways/Open Space Steering Committee. If funded by local government contributions, the person would start shortly after 7-1-96 and would work in addition to and in conjunction with the VDOT-funded planner. Distinctions Between Positions Major distinctions between the two greenway-related positions are: 1. Jurisdictions Covered - The VDOT-funded Planner would conduct planning studies for all the jurisdictions within the Fifth Planning District Commission. The locally-funded Coordinator would cover the jurisdictions in the Roanoke Valley that fund the position. At present, Roanoke County, Roanoke City, Salem, and Vinton have been asked for funding. 2. Time Spent on Greenway-Related Activities - The VDOT-funded Planner would spent approximately one-half of his/her time on greenway planning. The rest of his/her time would be spent on bikeway and pedestrian planning. An example of the latter is a proposed study for Valley Metro of the adequacy and safety of sidewalks near Valley Metro bus-stops. The locally-funded Coordinator would spend all his/her time on greenway activities, as defined and directed by the localities and the Roanoke Valley Greenways Steering Committee. 3. Allowable Activities - For the position that VDOT would fund, VDOT would have the authority of determining the types of activities that person could undertake. Advocacy, promotion, detailed greenwa¥ design, and marketing of greenways would not be part of the VDOT-funded Planner's position. Advocacy, promotion, detailed greenway design, marketing of greenways, and other related activities could be part of tho locally-funded Coordinator's position if the localities so desiro. 4. Salary - In order to be in line with the salaries for the same level of planner within the Fifth PDC's Transportation Division, the VDOT- funded Planner's salary would be approximately $25,000. The Roanoke Valley Greenways Steering Committee had hoped to hire a more experienced person as the Greenway Coordinator, possibly paying $30,000 in salary. 5. Relationship With Greenways Steerin9 Committeo The VDOT-funded Planner would answer directly to the Executive Director of the Fifth PDC and would be assisted by various PDC committees, including the Metropolitan Planning Organization and its Transportation Technical Committee, Bikeway Advisory Committees (urban and rural), the Rural Transportation Advisory Committee, and the Roanoke Valley Greenways Steering Committee. This person would meet with the Greenways Steering Committee every other month (instead of monthly). A locally-funded Greenway Coordinator, while housed at the Fifth PDC and under its administrative system, could be more independent and more directly related to the Roanoke Valley Greenways Steering Committee than the VDOT-funded Planner would be. (The exact relationship and line of authority has not been determined for the locally-funded Greenway Coordinator yet.) 6. Time Spent Searchin9 for Fundin9 for Future Activitiea The VDOT-funded Planner be able to provide some assistance to local governments for the completion of grant applications for greenways. A locally-funded Greenway Coordinator could devote a substantial amount of time to the duties of grant-writing and soliciting donations of money, land, easements, building materials, labor, etc. It might be possible for the Coordinator to raise funds for his/her future salary. In addition, he/she would be able to more actively search-out greenway opportunities (such as establishing greenways along with utility upgrades) that would save the community money when greenways are constructed in the future. 7. Working with Volunteers Volunteers serving on the advisory committees would advise the VDOT-funded Planner on projects and studies. A locally-funded Greenway Coordinator would work with volunteer advisory committees also. In addition, they could coordinate and provide training to clubs of citizen volunteers that agree to undertake maintenance of sections of the greenway (similar to volunteer maintenance of sections of the Appalachian Trail). Office of the City Manager March 26, 1996 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: Neighborhood Curb and Sidewalk In Saturday's Roanoke Times there appeared an article concerning two elderly residents of Roanoke, William and Geneva Johnson, who live on 22nd Street, N. W., and their attempts over a number of years to obtain curbing aiong their street. Factualiy the article is generaily accurate, but I wish to provide Council with some additional explanation. The City's Public Works Director and I have discussed the unfortunate inference in the article that Council is to blame for the City not having selected 22nd Street for installation of curbing. The member of City management who made this comment has been counseled in regard to the City administration properly explaining the decision which we made with regard to where to recommend the expenditure of bond funds for these improvements. Council has been generous in its support of City administration recommendations such as this, but should not be put in the position of blame when we are asked to explain why particular locations were or were not chosen. We apologize for not properly explaining how and why we selected the locations recommended for this year's program. As explained in a report to Council on your March 4 agenda, we have'initiated a new procedure to more fairly assess the many requests the City ~eceives for curb and sidewalk improvements. This new process was developed with the participation of City neighborhood leaders. This year's program of curb and sidewalk construction was prepared from recommendations of neighborhood organizations. Some flexibility remains in the bond funds for 1997 and 1998 construction. We will re-evaluate the original request from Mr. and Mrs. Johnson for curb on 22nd Street to determine if it can be included in the near future. Curbing. and sidewalk are important components of quality neighborhoods. We have on hand more than 300 individual citizen requests which would cost more than $10 million to construct. Such infrastructure improvements will continue to be an important consideration of future City bond issues. Resls~ctfully, W. Robert Herbert City Manager WRH:WFC:pr cc: William F. Clark, Director of Public Works Room 346 Municipal Suilding 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (703) 981-2333 FAX (703) 224-3138 MARY E 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: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk April 3, 1996 File #57-66-132 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am enclosing copy of a communication from Vice-Mayor White with regard to the City's policy on responding to outstanding requests for curb and gutter, which communication was before the Council of the City of Roanoke at a regular meeting held on Monday, April 1, 1996. On motion, duly seconded and adopted, the communication was referred to you for report to Council. As a part of your report, the Mayor requested that Council be provided with information on the dates of receipt by the City of pending requests for curb and gutter. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. pc: William F. Clark, Director, Public Works DAVID A. BOWERS Mayor CITY OF ROANOKE CITY COUNCIL 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 981-2541 Fax: (540) 224-3145 April 1, 1996 Council Members: Elizabeth T. Bowles Wendell H. Butler Delvis O. "Mac" McCadden John H. Parrott William White, Sr. Linda F. Wyatt The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Members of Council: It has come to my attention through contacts with citizens and the recent newspaper article (copy attached) that we have curb and sidewalk requests dating back 30 years or more. My discussion with the citizens that contacted me and the information reported in the abovementioned newspaper article indicates that proper explanation and follow-up on these requests have not been done by our City staff. Also, the comments by one of our City staff members that, "Council decides whose streets get fixed" is very unfortunate since City Council sets policy and acts on the recommendations of our City Manager. In a matter as important as delivery of basic services to our citizens, it appears that our staff is passing the buck. Therefore, in recognizing that the buck stops with City Council, I am requesting the following actions: a complete study and review of the outstanding requests for curb and guttering be undertaken immediately; all applicants for curb and guttering be advised of the status of their requests and the likelihood of funding; City Council be provided with a summary of the outstanding requests and funding schedule; The Honorable Mayor and Members of the Roanoke City Council April 1, 1996 Page 2 administrative personnel advise the citizens of the process, procedures, requirements and status of their particular funding requests; and written guidelines be developed and provided to citizens explaining the evaluation methods for determining which projects will be funded and when. I further request that the matter of curb and sidewalk funding be referred to the 1996-97 budget study as a possible priority item, that the long-term financing of curb and guttering requests be immediately forwarded to the 1997-98 capital improvements budget study, and that the City Manager provide City Council with a briefing within 90 days on the status of this important public issue. Our citizens in all parts of this City have every right to expect delivery of basic services on an equitable and timely basis and to expect reasonable and timely explanations when services cannot be provided. If the City Council concurs with this communication, I am requesting that the matter be referred to our City Manager for follow-up and appropriate report back to Council. I trust that this communication will help us to resolve this important matter. Cordially yours, Vice-Mayor WVVsr;sm Enc. MARY E 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: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk April 3, 1996 File #184-202 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: Your report with regard to an overview of the City's training program, was before the Council of the City of Roanoke at a regular meeting held on Monday, April 1, 1996. On motion, duly seconded and adopted, the briefing was received and filed. With the concurrence of Council, Ms. Wyatt requested that Council be provided with information on the number and percentage of women and the number and percentage of minorities employed by the City of Roanoke, said data to be broken down by department, levels within the department, and City-wide, as well as the number and percentage of employees serving in dual roles (both a woman and a minority), said report to be presented to Council by June 1, 1996. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm pc: Kenneth S. Cronin, Manager, Personnel Department Office of the City Manager April 1, 1996 Mayor David A. Bowers and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Please reserve space on the council agenda for a report regarding an overview of the City's training program. WRH:jh Respectfully submitted, W. Robert Herbert City Manager CC: Wilburn C. Dibling, City Attorney James D. Grisso, Director of Finance Room 346 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (703) 981-2333 FAX (703) 224-3138 Roanoke, Virginia April 1, 1996 The Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Williamson Road Corridor Plan Please reserve space on the April 1, 1996, Council agenda for a briefing on the above-referenced matter. Respectfully submitted, W. Robert Herbert City Manager WRH:mpf MARY E PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.~, Room 456 Roanoke, Virginia 240I 1-1536 Telephone: (540) 981-2541 Fax: (540) 224-3145 April 3, 1996 File #20-27-60-77-183-468-514 SANDRA H. EAKIN Deputy City Clerk 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. 32872-040196 authorizing acceptance and execution of an agreement between the City and the Commonwealth of Virginia, Department of Transportation, as well as all utility agreements for adjustment of water and sewer facilities, in connection with construction of Phase II of the Peters Creek Road Extension Project (Project No. 0117-128-101, C-502, B-601, B-602), located within the City limits, and providing for allocation of the City's remaining share of project cost, upon certain terms and conditions. Resolution No. 32872-040196 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 1, 1996. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 1st day of April, 1996. No. 32872-040196. A RESOLUTION authorizing the acceptance and execution of the agreement between the City and the Commonwealth of Virginia, Department of Transportation, as well as all utility agreements for adjustment of water and sewer facilities, in connection with Phase II of the Peters Creek Road Extension Project (Project No. 0117- 128-101, C-502, B-601, B-602); providing for the allocation of the City's remaining share of the project cost; upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager or Assistant City Manager is hereby authorized to execute, for and on behalf of the City, and the City Clerk is authorized to attest, the agreement between the City and the Commonwealth of Virginia Department of Transportation, as well as all utility agreements necessary for the adjustment of water and sewer facilities, for the construction of Phase II of the Peters Creek Road Extension Project (Project No. 0117-128-101, C-502, B- 601, B-602), located within the City limits, and allocating $380,431.69 for the City's share of the cost of Phase II of the project, an additional $5,000.00 for the separate purchase of one new traffic signal controller and cabinet, and an additional $15,000.00 for street lighting at the southern end of this project, upon certain terms and conditions, as more specifically set forth in the report to this Council dated April 1, 1996. 2. The form of all agreements shall be approved by the City Attorney. ATTEST: City Clerk. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 1st day of April, 1996. No. 32871-040196. AN ORDINANCE to amend and reordain certain sections of the 1995-96 Capital Projects, Water, and Sewage Treatment Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1995-96 Capital Projects, Water, and Sewage Treatment Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: capital Pro4ects Fund A ro riat'ons Capital Improvement Reserve Public Improvement Bonds - Series 1996 (1) ...... Streets and Bridges Peters Creek Road Extension (2) ................. Water Fund A ro r'a ' s Capital Outlay Peters Creek Road Extension (3) ................. Retained Earninas Retained Earnings - Unappropriated (4) .......... 21,775,377 19,089,030 12,931,314 670,083 $ 24,422,690 117,502 25,737,006 Sewage Treatment Fund Appropriations Capital Outlay Peters Creek Road Extension (5) ................. Retained EarninqS Retained Earnings - Unrestricted (6) ............ $ 21,034,599 602,321 18,856,186 1) Streets and Sidewalks 2) Appropriated from Bond Funds 3) Appropriated from General Revenue 4) Retained Earnings - Unrestricted 5) Appropriated from General Revenue 6) Retained Earnings - Unrestricted 008-052-9701-9191) 008-052-9595-9001) 002-056-8384-9003) 002-3336) 003-056-8472-9003) 003-3336) $(207,266) 207,266 41,245 (41,245) 151,922 (151,922) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. April 1, 1996 No. 96-121 Honorable David A. Bowers, and Members of Council Roanoke, Virginia Mayor Dear Mayor and Members of Council: SUBJECT: City-State Agreement for Peters Creek Rd. Extension (Phase II Shenandoah Avenue to Brandon Avenue) I. Background: City Council, at its meeting on June 17, 1985, unanimously approved Resolution No. 27613 which requested that the Virginia Department of Transportation (VDOT) program a project to extend Peters Creek Road from Melrose Avenue, N.W. to Brandon Avenue, S.W. (see Attachment I-map). This project, which is consistent with the 1995-2015 Roanoke Valley Area Long Range Transportation Plan, was subsequently included in VDOT's Six-Year Highway Improvement Program. Location Public Hearinq was held on December 14, 1988, regarding the alternative alignments. Evaluation of information received at that public hearing led the City to seek VDOT's assistance in employing an individual to lead a conflict resolution process consisting of representatives from the Greater Deyerle Neighborhood Associates, VDOT, and the City. City Council then approved the alignment shown on Attachment I at its meeting on March 5, 1990. Purpose of this highway project is to provide for the efficient and rapid movement of traffic between the north and south ends of the western half of the City of Roanoke. It will provide the only crossing of the Roanoke River and Norfolk Southern Railway between Shaffer's Crossing and Route 419. The improved access will enhance mobility for emergency vehicles, City services, economic development (as well as redevelopment) and the general public. Traffic volumes are expected to average 24,500 vehicles per day upon completion, and average 37,260 vehicles per day in 2016. (Traffic volume Honorable Mayor and Members of City Council Page 2 April 1, 1996 on existing Peters Creek Road, north of Melrose Avenue, was 21,000 vehicles per day in 1994). Proposed desiqn of the entire project consists of four lanes along the 2.3 mile route. A median of varying widths (3 to 16 feet) will be landscaped. Concrete curb and gutter will be constructed along both sides of the entire route. Sidewalk will be constructed along the entire length of the east side of the roadway. The west side will have sidewalk north of Salem Turnpike and south of the new bridge over the Roanoke River. The intersections of Peters Creek Road at Salem Turnpike, Shenandoah Avenue and at Aerial Way Drive will be signalized. Speed limit will be signed at 40 miles per hour from Melrose Avenue to the new bridge over the Roanoke River, and then 35 miles per hour from that bridge to Brandon Avenue. City Council, at its meeting on July 13, 1992, approved the major design features of the proposed project (Ordinance No. 31104 - 071392). Commonwealth Transportation Board approved the location and major design features of the proposed project subsequent to Council's approval. Fo City Council, at its meeting on May 22, 1995, authorized the City Manager to execute the City/State Agreement for Phase I (Melrose Avenue to Shenandoah Avenue) of this project, appropriating $492,002.42 for the City's share of the project cost. II. Current Situation: ao Bids for Phase II project construction (Shenandoah Avenue to Brandon Avenue) were received by VDOT on February 27, 1996. The Commonwealth Transportation Board will be asked to award a contract to Fairfield Bridge Co., Inc. Honorable Mayor and Members of City Council Page 3 April 1, 1996 III. (of Fishersville, Virginia) on April 18, 1996, in the amount of $8,020~479.65. Bo Bids for Brandon Avenue wideninq from Edgewood Street to Keagy Road have also been received and are presently being reviewed by VDOT. Brandon Avenue widening will be completed before the Peters Creek Road Extension is opened to Brandon Avenue. City needs to execute the attached City-State Agreement (Attachment II) before VDOT will allow Fairfield Bridge Co., Inc. to begin construction. Do City share of the cost for Phase II of this project (preliminary engineering @ 5%, right-of-way @ 2%, and construction @ 2%) is $380,431.69. The fourth page of Attachment II shows the cost sharing ratios to be used on various elements of this project. Included within the project is additional replacement, realignment and upgrade of existing water and sanitary sewer lines that would not ordinarily have been done as part of this roadway project. The betterment portion of these improvements will be a City expense. An additional $5~000 is needed for separate purchase of one (1) new traffic signal controller and cabinet which will meet specialized City standards for the intersection of Peters Creek Road at Aerial Way Drive. Also, $15~000 is needed for street lighting at the southern end of this project. Issues: A. Fundinq B. Construction Plans C. Timinq Honorable Mayor and Members of City Council Page 4 April 1, 1996 IV. Alternatives: Authorize the City Manaqer, in a form acceptable to the City Attorney, to execute the City-State Agreement, as well as all utility agreements for adjustment of water and sewer facilities, on behalf of the City; authorize the Director of Finance to appropriate $207~266, from the Streets and Sidewalks Category of the 1996 Bond Issue, into the Peters Creek Road Extension Account (No. 008- 052-9595-9003); and appropriate $41~245 from Water Fund Previous Years' Retained Earnings and $151,922 from Sewage Fund Previous Years' Retained Earnings to accounts to be established by the Director of Finance. Fundinq, in the amount of $400,431.69, exists in the sources identified on Attachment III (Part B). Construction plans comply with City's needs for improved traffic flow and safety. o Timinq for project construction to begin next month. It is anticipated that the project would be completed by late 1997. Reject City-State Agreement and proceed to reimburse VDOT for 100% of all expenditures to date in accordance with City Resolution No. 27613. Funding would be needed in the amount of the total VDOT project expenditures to date. 2. Construction plans would not be built. 3. Timinq is not an issue. Recommendation is that City Council: Authorize the City Manager, in a form acceptable to the City Attorney, to execute the City- State Agreement on behalf of the City. Honorable Mayor and Members of City Council Page 5 April 1, 1996 Co Authorize the City Manager to execute, on behalf of the City of Roanoke, all utility agreements for adjustment of water and sewer facilities for this project. Appropriate $207,266, from the Streets and Sidewalks Category of the 1996 Bond Issue, into the Peters Creek Road Extension Account (No. 008-052-9595-9003). Appropriate $41~245 from Water Fund Previous Years' Retained Earnings and $151,922 from Sewage Fund Previous Years' Retained Earnings to accounts to be established in those funds by the Director of Finance. WRH/RKB/gpe Attachments: copy: Respectfully Submitted, W. Robert Herbert City Manager I Map II City-State Agreement III Funding Summary City Attorney Director of Finance Director of Public Works Director of Utilities and Operations City Traffic Engineer Construction Cost Technician Budget Administrator ,nuT HIGHWAY IMPROVEMENT PROJECT ROUTE 1 17 PETERS CREEK ROAD EXTENSION CITY OF ROANOKE PROJECT: 0117-12~- 101,PE- 102,RW-201,C.501, B-601,B-602,B-603,B-604,B-605 FEDERAL PROJECT: M-5128 (144) FROM: BRAHDON AVE.(RTE. 11) TO: MELROSE AVE.(RTE. 460) LENGTH: 2.29 ~ ~ Feet PROJEC ATTACHHENT II AGREEMENT BE'FWEEN THE CITY OF ROANOKE AND VIRGINIA DEPARTMENT OF TRANSPORTATION The City of .Roanoke, Commonwealth of Virginia, hereinafter referred te as ROANOKE, and the Commonwealth of Virginia, Department of Transportation, hereinafter referred to as the DEPARTMENT, hereby agree as follows: The DEPARTMENT will prosecute a project for the improvement of 0.898 mile of Peters Creek Road within ROANOKE from 0.11 Mile N. Intersection of Brandon Avenue, Station 15+75.00 to Shenandoah Avenue, Station 62+00.00 and designated as Route 117, Project 0117-128- 101, C-502, B-601, B-602. ROANOKE approves the plans as designed and requests the DEPARTMENT to submit the project with recommendation that it be approved by the Commonwealth Transportation Board and agrees that if such project is approved and constructed by the DEPARTMENT, ROANOKE, thereafter, at its own expense, will maintain the project, or have it maintained, in a manner satisfactory to the DEPARTMENT or its authorized representatives and will make ample provision each year for such maintenance. ROANOKE agrees that after construction of the project, or any part thereof, it will not permit any reduction in the number bf or width of traffic lanes, or any additional median crossovers and enlargement of existing median crossovers, or any alterations to charlnelization islands, without the prior written .~pproval of the DEPARTMENT. Parking will be prohibited at all times on both sides of this project and appropriate NO PARKING signs shall be erected. The signs shall conform to the standards as shown in the current edition of the Manual on Uniform Traffic Control Devices. ROANOKE agrees that the location, form and character of informational, regulatory and warning signs, curb and pavement or other markings and traffic signals, installed or placed by any public authority, or other agency, shall conform to the standards as shown in the current edition of the Maqual on Uqiform Traffic Control Devices or be subject to the approval of the DEPARTMENT -2- ROANOKE agrees that the location and installation of utility poles,' li{]hting standards, traffic signal poles or any other facility installed or placed within the right of way by any public authority, or other agency, shall conform to VDOT Land U~e Permit Manual or be subject to the approval of the DEPARTMENT- ROANOKE agrees to comply with Title VI of the Civil Rights Act of 1964 and the Virginia Fair Employment Contracting Act, Section 2.1-374 through 2.1-376 of the Code of Virginia (1950), as amended. ROANOKE agrees to comply with all applicable federal, state and local rules, regulations and statutes when work is performed on this project with municipal forces or its agent at project expense. -3- ROANOKE agrees to participate in the actual cost of this project which includes a special provision for price adjusim~nt in accordance with the following tabulation, understanding that the costs shown are estimated and the percentages will be applied to actual costs: PROJECT COST ROANOKE'S SHARE ITEM ~ % C-502 (Includes Field $ 3,333,055.93 2 Office) Utilities - Water 84, 517.82 48.80 {~.Betterment ) Utilities - Sanitary Sewer 299,057.43 50.80 (Betterment) Demolition 42,418.88 2 Signs 17,700.00 2 B -601 4,663,842.16 2 Raitwa¥ Work 270,148.00 2 B-602 1,036,125.78 2 TOTALS $ 9,746,866.00 --4- AMOUNT $ 66,661 12 41,244.70 151,921 17 848.38 354.00 93,276.84 5,402.96 20,722.52 $ 380,431.69 IN WITNESS WHEREOF, the parties have hereunto affixed their signatures, the CITY OF ROANOKE on the day of _, 1996, and the DEPARTMENT on the day of , 1996. A~-DEST: CITY OF ROANOKE BY CITY CLERK BY CITY MANAGER NOTE: The official signing for the . municipality must attach a certified copy of the authority under which this agreement is executed. This agreement is executed in three originals. APPROVED AS TO FORM CITY ATI'ORNEY COMMONWEALTH OF VIRGINIA, DEPARTMENT OF TRANSPORTATION BY COMMISSIONER -5- ATTACHMENT III FUNDING SUMMARY COSTS ESTIMATED PROJECT COST LESS VDOT AND FEDERAL SHARE TOTAL CITY SHARE PLUS ESTIMATED CITY COST (100%) TOTAL CITY COST REMAINING $9,746,866.00 9~366~434.31 380,431.69 20,000.00 400,431.69 SOURCES 1. STREETS AND SIDEWALKS CATEGORY* OF THE 1996 BOND ISSUE 2. WATER FUND - PREVIOUS YEARS' RETAINED EARNINGS 3. SEWAGE FUND RETAINED EARNINGS 207,265.82 41,244.70 151,921.17 $400,431.69 *Funds within this category include $179,380 from "VDOT Highway Projects - City/State" and $27,886 fro~ "Traffic Signals - Installation of New Signals" MARY E 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: (540) 981-254l Fax: (540) 224-3145 April 3, 1996 SANDRA H. EAKIN Deputy City Clerk File #301-472 AmeriData Azarat Marketing Group CS Business Systems, Inc. Entre' Computer Center Expert Automation First Look Nationals, Inc. H & W Computer Systems IQ Systems, Inc. Microland, Inc. MPX, Inc. NCI Norvell Consulting, Inc. Polytex Computer Ladies and Gentlemen: I am enclosing copy of Resolution No. 32873-040196 accepting the following bids for purchase of personal computers and related equipment, upon certain terms and conditions, as more particularly set forth in a report of the City Manager under date of April 1, 1996: Item No. ~zC~E~KLB~[~ Cost Items #1-10,16,17 & 18 Item #11 Item #12 Item #13 Item #15 Items #14,19 & 20 CS Business Systems, Inc. Microland, Inc. NCl Norvell Consulting, Inc. AmeriData Azarat Marketing Group MPX, Inc. $213,851.00 7,973.00 899.95 950.00 745.00 4,313.00 AmetiD~ta Azarat Marketing Group CS Business Systems, Inc. Entre' Computer Center Expert Automation First Look Nationals, Inc. H & W Computer Systems IQ Systems, Inc. Microland, Inc. MPX, Inc. NCI Norvell Consulting, Inc. Polytex Computer April 3, 1996 Page 2 Resolution No. 32873-040196 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 1, 1996. On behaff of the City of Roanoke, I would like to express appreciation for submitting your bids on the abovedescribed equipment. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. IN THECOUNCILOFTHECITY OFROANOKE, VIRGINIA The 1st day of April, 1996. No. 32873-040196. A RESOLUTION accepting the bids for the purchase of personal computers and related equipment, upon certain terms and conditions; and rejecting all other bids made for such items. BE IT RESOLVED by the Council of the City of Roanoke that: I. The bids in writing of the following named bidders to furnish to the City the items hereinafter set out and generally described, such items being more particularly described in the City's specifications and the report to this Council dated April 1, 1996, any alternates and in each bidder's proposal, are hereby ACCEPTED, at the purchase price set out with each item: Item # Successful Bidder Cost Items #1-10, 16, 17 & 18 CS Business Systems, Inc. 213,851.00 Item #11 Microland, h~ 7~973.00 Item #12 NCI Norvell Coma#lng, Inc 899.95 Item #13 Am~riData 9S0.00 Item #15 Azarat Marketing Group 745.00 Items #14, 19 & 20 MPX, Im~ 4,~13.00 2. The City's Manager of Supply Management is hereby authorized and directed to issue any required purchase orders for the purchase of such computer equipment, and the City Manager or the Assistant City Manager is authorized to execute, for and on behalf of the City, any required purchase agreements with respect to the aforesaid computer equipment, such agreements to be in such form as shall be approved by the City Attorney. 3. Any and all other bids made to the City for the aforesaid items are hereby REJECTED, and the City Clerk is directed to noti~ each such bidder and to express to each the City's appreciation for such bid. ATTEST: City Clerk. 96-315 Roanoke, Virginia April 1, 1996 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council SUBJECT: Bids to Purchase Personal Computers and Related Equipment, Bid No. 96-1-49 I. Background on the subject in chronological order is: January 16~ 1996 City Council appropriated Funding for identified technology needs for the City. A portion of the above needs are for new or the replacement of personal computers and related equipment for eighteen (18) departments. Also included are the Personal Computers and related equipment necessary for the implementation of the Extended Purchasing Systems. Currently no State Contract exist for Computer Hardware or Related Equipment. Specifications were developed and along with request for quotations were specifically sent to Twenty-Two vendors listed on the City's Bid List. A public advertisement was also published in the Roanoke Times and Roanoke Tribune. II. Currently situation is: A. Twelve (12) bid responses were received. A bid tabulation is attached. Ail bids received were evaluated in a consistent manner by representatives of the following departments: Public Works City Information Systems Supply Management Personal Computers and Related Equipment Bid No. 96-1-49 Page 2 Bid evaluations are as follows: Items #1-10~ 16~ 17~ & 18 Due to the need for compatibility with the requested new equipment and the existing equipment, it is necessary that these items be awarded together. The lowest bid submitted by Polytex Computer did not respond to the major components requested. The second lowest bid was submitted by MPX, Inc. Evaluation identified the equipment to be provided was different than the equipment quoted in their bid. Their terms of warranty repairs did not meet the City's requirements for this group of items. These exceptions are substantial and cannot be waived as informalities. The third lowest bid, submitted by H & W Computer Systems, took exception to the required warranty. This exception is substantial and cannot be waived as an informality. The fourth lowest bid, submitted by Expert Automation, took exception to the required warranty. This exception is substantial and cannot be waived as an informality. The fifth lowest bid, submitted by NCI Norvell Consulting, Inc., took exception to the required warranty. This exception is substantial and cannot be waived as an informality. The sixth lowest bid, submitted by CS Business Systems, Inc., meets all required specifications for the total cost of $213~851.00. Item #11 - The lowest bid, submitted by Microland, Inc., meets all required specifications for a total cost of $7~973.00. Personal Computers and Related Equipment Bid No. 96-1-49 Page 3 III. IV. Item #12 The lowest bid, submitted by NCI Norvell Consulting, Inc., meets all required specifications for a total cost of $899.95. Item #13 - The lowest bid, submitted by AmeriData, meets all required specifications for a total cost of $950.00. Item #14 The lowest bid, submitted by MPX, Inc., meets all required specifications for a total cost of $3~348.00. Item #15 - The lowest bid, submitted by Azarat Marketing Group, meets all required specifications for a total cost, including shipping charges, of $745.00. Item #19 & 20 - The lowest bid, submitted by MPX, Inc., meets all required specifications for the total cost of $965.00. Issues in order of importance are: A. Need B. Timinq C. Compliance with Specifications D. Fundinq Alternatives in order of Feasibility are: City Council authorize the issuance of purchase orders for Personal Computers and Related Equipment as follows: Items #1-10~ 16~ 17~ & 18 to CS Business Systems, Inc. for the total cost of $213,851.00. 2. Item #11 to Microland, Inc. for a total cost of $7,973.00. Item #12 to NCI Norvell Consulting, Inc. for a total cost of $899.95. Personal Computer & Related Equipment Bid No. 96-1-49 Page 4 Item #13 to AmeriData for a total cost of $950.00. Items #14~ 19 & 20 to MPX, Inc. for the total cost of $4,313.00. Item #15 to Azarat Marketing Group for the total cost of $745.00. ae Need for Personal Computers and Related Equipment is necessary to implement priority projects throughout the City organization. be Timinq is important to allow for scheduled projects to be implemented. Compliance with Specifications is met by all vendors identified in this alternative. de Fundinq is available in City Information Systems Account 013-052-1602-9015 and 013-052-1602-9200 to provide for this purchase. City Council not authorize the issuance of purchase orders for Personal Computers and Related Equipment. Need for requested equipment for priority projects would not be addressed with this alternative. 2. Timinq would not be a factor in this alternative. Compliance with Specifications would not be a factor in this alternative. e Fundinq designated for this equipment would not be expended out this time with this alternative. Personal Computers and Related Equipment Bid No, 96-1-49 Page 5 cc: Recommendation is that City Council concur with Alternative "A", to authorize the issuance of Purchase Orders for Personal Computers and Related Equipment as follows and reject all other bids: 1. Items #1-10~ 16, 17, & 18 to CS Business Systems, Inc. for the total cost of $213~851.00. 2. Item #11 to Microland, Inc. for a total cost of $7~973.00. 3. Item #12 to NCI Norvell Consulting, Inc. for a total cost of $899.95. 4. Item #13 to AmeriData for a total cost of $950.00. 5. Item #14~ 19 & 20 to MPX, Inc. for the total cost of $4~313.00. 6. Item #15 to Azarat Marketing Group for the total cost of $745.00. City Attorney Director of Finance City Clerk Respectfully, W. Robert Herbert City Manager Director of Utilities & Operations Director of Public Works Management & Budget Manager, Supply Management Manager, City Information Systems MARY E PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-i536 Telephone: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk April 3, 1996 File #76-236-304-305 Martin B. Mait Deputy Director Virginia Department of Criminal Justice Services 805 East Broad Street Richmond, Virginia 23219 Dear Mr. Mait: I am enclosing copy of Resolution No. 32874-040196 authorizing acceptance of a 23rd Judicial District Juvenile Drug Dealers' Intervention Program Grant from the Virginia Department of Criminal Justice Services, in the amount of $38,625.00, and authorizing execution of any and all necessary documents to comply with the terms and conditions of the grant. Resolution No. 32874-040196 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 1, 1996. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. IN THE COUNCIL OF THE CITY OF ROANOKE, The 1st day of April, 1996. No. 32874-040196. VIRGINIA, A RESOLUTION authorizing acceptance of a 23rd Judicial District Juvenile Drug Dealers' Intervention Program Grant from the Virginia Department of Criminal Justice Services on behalf of the City, authorizing execution of any and all necessary documents to comply with the terms and conditions of the grant and applicable laws, regulations, and requirements pertaining thereto. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The 23rd Judicial District Juvenile Drug Dealers' Intervention Program Grant from the Virginia Department of Criminal Justice Services, in the amount of $38,625.00, as set forth in the City Manager's report dated April 1, 1996, is hereby ACCEPTED. 2. W. Robert Herbert, City Manager, or his designee, and the City Clerk are hereby authorized to execute, seal and attest, respectively, any and all requisite documents, and to furnish such additional information as may be required in connection with the City's acceptance of this grant, to comply with the terms and conditions of the grant and all applicable laws, regulations and requirements pertaining thereto. 3. All documents to be executed on behalf of the City shall be approved as to form by the City Attorney. ATTEST: H:~,E$%R-DRUG$3 City Clerk. April 1, 1996 Report #96-540 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: SUBJECT: Funding for 23A Judicial District Juvenile Drug Dealers' Intervention Program Grant Number 96-B8530AD95 I. BACKGROUND Roanoke City submitted an application to the state Department of Criminal Justice Services for funding from the Anti-Drug Abuse Act of 1988 for a Juvenile Drug Dealers' Intervention Program. The Juvenile Drug Dealers' Intervention Program is designed to meet the needs of a special population of individuals convicted of trafficking drugs. Program activities include individual and group counseling, family counseling, surveillance, mentoring services, and drug testing. The 23-A Judicial District Court Service Unit operates the Juvenile Drug Dealers' Intervention Program. II. CURRENT SITUATION The Department of Criminal Justice Services notified the City of Roanoke of the Grant Award #96-B8530AD95 in the amount of $38,625.00 in federal funds for the program year beginning July 1, 1995 and ending June 30, 1996. City Council on August 28, 1995 authorized the appropriation of $38,625 and increased the revenue estimate by $38,625 in accounts to be established by the Director of Finance for the Juvenile Drug Dealers' Program. City Council's formal authorization for the City Manager to accept the grant is needed before the city can receive the federal funds. III. ISSUES A. Proqram Operation B. Fundinq C. Timinq IV. ALTERNATIVES Authorize the City Manaqer or his Designee to accept the grant from the Department of Criminal Justice Services for the Juvenile Drug Dealers' Intervention Program. Program Operations- - Existing program activities will continue. Funds will provide for salaries, consultants to conduct peer/parent, group, and in- home family counseling sessions, job training/mentoring, and substance abuse counseling/treatment. Fundinq - Funding of $38,625.00 is available from the State Department of Criminal Justice Service. The required local match of $16,387.00 has been appropriated in the city budget for the 23-A Juvenile and Domestic Relations Court Services Unit (account #001-076-2130-2008). Available funding totals $55~012.00. Timinq - Immediate action will allow programs to continue without interruption of services and the city will be reimbursed for the state grant award of $38,625. Do not Authorize the City Manaqer or his Desiqn~ to accept the grant from the Department of Criminal Justice Services for the Juvenile Drug Dealers' Intervention Program. Proqram Operations - Planned programs to serve participants would be discontinued. Fundinq - The city will not receive reimbursement from the state for the operation of the Drug Dealers' Intervention Program to date. Timinq - Delay will cause the suspension of program operations. RECOMMENDATION Approve Alternative A: Authorize the City Manager or his Desiqne~ to accept the grant from the Department of Criminal Justice Services for the Juvenile Drug Dealers' Intervention Program. CC: Director of Finance City Attorney Director of Human Development Director 23-A Court Service Unit Budget Administrator Respectfully submitted, W. Robert Herbert City Manager DEPARTMENT DP PINANCE CITY OF ROANOKE. VA. April 1, 1996 TO: FROM: SUBJECT: Honorable Mayor and Members of City Council James D. Grisso, Director of Finance February Financial Report This financial report covers the first eight months of the 1995-96 fiscal year. The following narrative discusses revenue and expenditure trends to date. REVENUE Total General Fund revenues reflect an increase of 2.15% or $1,516,000, on a year to date basis, compared to FY95. Variances in specific categories of revenue are as follows: General Property Taxes have increased $1,083,000 or 5.10%. Real estate tax growth of nearly $1,500,000 or 7.7% has provided this increase. Targeted growth was around 4.5%, but new taxable property in the Hotel Roanoke and additional smaller properties has added to this growth. Personal property taxes have decreased by $556,000 since delinquent personal property tax revenue has been recorded on a cash basis in the current year rather than on an accrual basis as in FY95. Public service corporation taxes and penalties and interest have also increased. Other Local Taxes have declined 1.02% or $287,000. A decrease of $1,550,000 in business, professional, and occupational license taxes, caused by the change in due date from January 31 to March 1, offsets the growth of other local taxes. Sales tax has increased approximately $315,000 or 3.18%. Utility taxes, transient room taxes, the 911 telephone surcharge tax, franchise taxes, and prepared food and beverage taxes have all increased. Permits, Fees and Licenses are down 22.29% or $116,000. This is due to lower fees for heating, electrical, plumbing and building inspections caused by a decrease in housing starts. Street opening permits have also declined, and bingo audit fees are lower in the current year because there is one less bingo operator subject to the audit requirement. Revenues from the Use of Money and Property have decreased $60,000 or 7.57%. Rental income from Social Services in Municipal North has declined by more than $150,000 through February of the current year due to differences in the timing of payments since last year. This year, payments are being made in equal monthly amounts, while last year payments &larger amounts were made only in the first half of the year. By year end, this income should be comparable to FY95. Offsetting the decline in rental income is increased interest income, double that of FY95, due to increased interest rates and higher cash balances held in interest bearing financial instruments. Grants-in-Aid Federal Government have decreased $234,000 or 88.56%. A $245,000 payment from FEMA for the 1994 Ice Storm was received in December 1994, while a $14,000 reimbursement was received in February 1996 for flooding last summer. Civil defense revenue also declined slightly. Honorable Mayor and Members Roanoke City Council April 1, 1996 Page 2 Charges for Services have increased $389,000 or 23.92%. Sheriffs Court fees are up due to a change in fees implemented at the State level and a timing difference in submitting these fees to the State. Emergency Medical Services revenues have risen approximately $265,000 due to increased rates to help fund program enhancements. Central Services charges to Enterprise Funds have also risen $68,000, consistent with budgeted increases in these charges. Miscellaneous Revenue has decreased $38,000 or 20.75% due to lower proceeds from the sale of surplus property and a decline in other miscellaneous revenues. EXPENDITURES AND ENCUMBRANCES Expenditures and encumbrances in the General Fund have increased 8.38% or $7,866,000 since FY95. Variances in individual expenditure categories are discussed below: General Government expenditures have increased $444,000 or 7.14%. CIS charges have increased in both the City Treasurer and the Commissioner of Revenue departments due to the new business license system, implemented in January. The Commissioner of Revenue has incurred greater expenditures for Management Services and for administrative supplies. Personal services expenditures have increased in the City Attorney, Real Estate Valuation, Risk Management and Personnel Management departments. The City Attorney's office has purchased new City Code books and computer equipment. Real Estate Valuation has incurred additional expenditures in FY96 for renovation costs, equipment purchases, and equipment rental associated with its office relocation and expansion. Risk Management has seen an increase in insurance premiums and in self-insured auto claims. Personnel Management has incurred higher costs for drug testing, employee programs, and service excellence activities. Public Safety expenditures have increased 10.49% or $2,176,000. Increased expenditures at the Jail account for almost half of this category's increase. Personal services expenditures have increased $746,000 or 28% due to the Jail expansion which added 51 new employees. CIS charges have increased, and fees for professional services are up $280,000 due to the privatization of Jail medical services effective July 1. Police expenditures have increased $305,000 and Fire expenditures have increased $542,000, mostly due to increased personal services costs in these labor-intensive departments. Emergency Medical Services has experienced higher personnel costs due to new positions and the transfer of an existing position into the department. Fees for the collection agency that handles EMS billings have risen, as have CIS charges, while expenditures for capital outlay have declined. Public Works expenditures have risen $1,484,000 or 10.43% in FY96. Street Paving expenditures have increased $155,000. Snow removal costs have increased $241,000, more than two and one half times that of last year, due to the heavy snowfall experienced this winter. The Communications Department has seen increased costs in personal services, telephone costs, and equipment maintenance due to its expanded 911 program. Engineering expenditures have grown due to the costs of real estate acquisition, a new activity in FY96, and due to increased personal services costs. Capital outlay for computer equipment has occurred, and bridge inspection costs are up, as budgeted. Building Maintenance has incurred increased maintenance costs for painting and remodeling the greenhouse at Mountain View, and boiler replacement has cost nearly $115,000. Parks Maintenance expenditures have increased due to the purchase of new playground units along with increased expenditures for general maintenance and upgrade of City parks and playgrounds through painting, sign replacement, the planting of trees, and landscaping. Honorable Mayor and Members Roanoke City Council April 1, 1996 Page 3 Health and Welfare expenditures have increased 9.46% or $965,000. Social Services expenditures have risen $200,000 due to increased foster care, subsidized adoption, and daycare services. Comprehensive Services Act expenditures have risen more than $650,000 due to increased children in the program and more children in FY96 receiving care at very expensive facilities due to the high level of supervised care they require. The Citizens Services Committee is also up $77,000, which is expected given the $100,000 increase in the amount budgeted for FY96. Nondepartmental expenditures have increased $1,169,000 or 30.36%. This is caused by an overall increase in transfers to other funds offset by a decrease in funding for the Pension Plan. The largest single increase in transfers to other funds is an increase of $1,000,000 to the City Information Systems fund for technology related equipment purchases. Transfers to the Transportation Fund, Nursing Home Fund and Grant Fund have also increased. I would be pleased to answer any questions which City Council may have regarding the Monthly Financial Statements. JDG/AHA/pac Attachments irector of Finance CITY OF ROANOKE, VIRGINIA GENERAL FUND CONTINGENCY BALANCE FEBRUARY 29, 1996 Balance July 1,1995 Ordinance Number Department CMT014 Real Estate Valuation CMT020 Jail 32725 City Attorney CMT076 Conb'ibutions - Cultural 32788 Health Department 32812 Income Maintenance 32813 City Treasurer CMT107 Grants Compliance CMT126 Supply Management CMT127 32832 CMT138 Communications Contribu~ons - Cultural Director of Utili'~es and Operations CMT140 Emergency Services Balance February 29, 1996 PurDose Painting Equipment Audit of Cable Television Franchise Fees Partnership for Urban Virginia Local Match Funding Funding of General Relief Program Satellite Office at DMV Consolidated Plan Ci~zens Parlicipation Workshop Purchase of NIGP Commodity Code Books for Departments Frequency Coordination Fee Explore Park Funding of Local Government Restructuring of Electric Industry for Competitive Opportuni~es Funding of Shelter Operations at the Civic Center January 7 - 10 $366,941 (1,067) (4,oo0) (2,968) (5,000) (17,327) (37,500) (11,000) (170) (1,000) (2,155) (25,000) (3,375) (5,OOO) $251~379 1 CITY OF ROANOKE, VIRGINIA GENERAL FUND STATEMENT OF REVENUE 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 Year to Data for the Period Current Fiscal Year Percent of Revised Revenue July 1- Feb 28 July 1- Feb 29 Percentage Revenue Estimate 1994-95 1995-96 of Change Estirnatas Received $21,247,844 $22,330,991 5.10 % $59,967,900 37.24°.4 28,217,349 27,929,803 (1.02)°.4 46,139,938 60.53% 518,794 403,156 (22.29) % 722,000 55.84% 572,810 602,330 5.15 % 799,700 75.32% 790,923 731,028 (7.57)°.4 1,133,785 64.48% 16,100,055 16,886,099 4.88 % 32,636,030 51.74o.4 263,679 30,154 (88.56) 0.4 23,793 126.73o.4 1,628,775 2,018,447 23.92 % 3,087,523 65.37% 184,432 146,169 (20.75)°.4 343,599 42.54% 1,035,008 997,521 (3.62) % 1,940,519 51.40% $70,569,669 $72,076,698 2.15 % $146,794,787 49.10% STATEMENT OF EXPENDITURES AND ENCUMBRANCES E_x~enditures General Government Judicial Administration Public Safety Public Works Health and Welfare Parks, Recreation and Cultural Community Development Transfer to Debt Service Fund Transfer to School Fund Nondepartmental Year to Data for the Period Current Fiscal Year Percent of July 1- Feb 28 July 1- Feb 29 Percentage Unencumbered Revised Budget 1994-95 t995-96 of Change Balance Appropriations Obligated $6,210,076 $6,653,646 7.14 % $3,479,408 $10,133,054 65.66% 2,503,345 2,597,257 3.75 % 1,405,017 4,002,274 64.89% 20,745,100 22,921,684 10.49 % 13,006,929 35,928,613 63.80% 14,229,382 15,713,196 10.43 % 7,046,732 22,759,928 69.04% 10,204,934 11,170,014 9.46 % 7,921,508 19,091,522 58.51% 3,472,199 3,455,632 (0.48)% 1,775,960 5,231,592 66.05% 745,038 760,788 2.11 % 601,544 1,362,332 55.84% 7,680,471 7,965,448 3.71% 375,352 8,340,800 95.50°.4 24,205,633 25,455,176 5.16 % 12,271,915 37,727,091 67.47% 3,851,751 5,021,155 30.36 % 2,121,889 7,143,044 70.29% Total $93,847,929 $101,713,996 8.38 % $50,006,254 $151,720,250 67.04% 2 CITY OF ROANOKE, VIRGINIA SCHOOL FUND STATEMENT OF REVENUE Revenue Source State Sales Tax Grants-in-Aid Commonwealth Grants-in-Aid Federal Government Charges for Services Transfer from General Fund Special Purpose Grants Total Year to Date for the Period July 1 -Feb 28 July t-Feb 29 Percentage 1994 -95 1995 -96 of Change $4,578,040 $4,671,018 2.03 % 17,987,469 18,614,120 3.48 % 1,173,661 1,016.372 (13.40) % 1,416,486 1,527,415 7.83 % 24,205,633 25,455,176 5.16 % 5,393,548 6,472,942 20.01% $54,754,837 $57,757,043 5.48 % Current Fiscal Year Percent of Revised Revenue Revenue Estimate Estimates Received $7,843,338 59.55% 28,134,875 66.16% 2,368,034 42.92% 2,620,887 58.28% 37,727,091 67.47% 6,587,396 N/A $85,281,619 67.73% STATEMENT OF EXPENDITURES AND ENCUMBRANCES Expenditures Year to Date for the Period July 1 -Feb 28 July 1 -Feb 29 Percentage 1994-95 1995-96 of Change Current Fiscal Year Percent of Unencumbered Revised Budget Balance Appropriations Obligated Instruction General Support Transportation Operation and Maintenance of Plant Food Services Facilities Other Uses of Funds Special Purpose Grants Total $33,563,892 $36,385,944 8.41% $21,724,978 $58,110,922 62.61% 1,719,329 1,753,912 2.01% 1,348,524 3,102,436 56.53% 1,518,240 1,762,828 16.11% 1,281,774 3,044,602 57,90% 5,501,523 5,636,044 2,45 % 3,282,949 8,918,993 63.19% 2,020,758 2,069,475 2.41 % 1,275,388 3,344,863 61.87% 2,586,174 2,794,699 8.06 % 13,645 2,808,344 99.51% 1,822,361 2,428,275 33.25 % 106,817 2,535,092 95.79% 7,963,621 6,587,396 (17.28) % - 6,587,396 N/A $56,695,898 $59,418,573 4.80 % $29,034,075 $88.452,648 67.18% 3 CITY OF ROANOKE, VIRGINIA CAPITAL PROJECTS FUND STATEMENT OF EXPENDITURES, ENCUMBRANCES, AND UNENCUMBERED APPROPRIATIONS SUMMARY AS OF FEBRUARY 29, 1996 Expenditures Unexpended Outstanding Unencumbered Budget To Date Balance Encumbrances Balance General Government $8,071,637 $6,089,187 $1,982,450 $630,617 $1,351,833 Judicial Administration 37,610 37,539 71 71 Public Safety 9,403,146 8,492,254 910,892 689,993 220,899 Education 19,859,393 7,262,468 12,596,925 4,148,523 8,448,402 Community Development 1,041,000 82,269 958,731 958,731 Recreation 472,995 159,144 313,851 298,247 15,604 Streets and Bridges 12,724,048 8,009,114 4,714,934 2,901,849 1,813,085 Sanitation Projects 3,135,277 3,077,264 58,013 2,500 55,513 Traffic Engineering & Communica~ons 1,475,300 1,249,127 226,173 85,154 141,019 Other Infrastructure Projects 5,989,620 3,667,717 2,321,903 311,305 2,010,598 Capital Improvement Reserve 21,982,643 21,982,643 21,982,643 Total $84,192,669 $38,126,083. $46,066,686 $10,026,919 $36,039,667 4 CITY OF ROANOKE, VIRGINIA WATER FUND COMPARATIVE INCOME STATEMENT FOR THE 8 MONTHS ENDING FEBRUARY 29, '1996 Operating Revenue Commercial Sales Domestic Sales Industrial Sales Town of Vinton County of Roanoke City of Salem Customer Services Total Operating Revenue Operating Expenses Personal Services Operating Expenses Depredation Total Operating Expenses Operating Income Nonoperating Revenue (Expenses) Interest Revenue Rent Transfer from General Fund Miscellaneous Revenue Interest Expense Miscellaneous Expense Total Nonoperating Revenue (Expenses) Net Income 1996 $2,139,986 1,954,527 169,911 26,810 1,243,929 1,606 241,275 5,778,044 923,938 2,199,126 625,847 3,748,911 2,029,133 77,879 2,000 18,090 (139,058) (1,371) (42,460) $1,986~673 1995 $2,154,812 1,903,876 179,359 17,191 1,538,969 300,410 6,094,617 808,029 1,944,453 532,080 3,284,562 2,810,055 116,845 2,300 3,465 11,377 (1,245) 132,742 $2,942,79~7 5 CITY OF ROANOKE, VIRGINIA SEWAGE TREATMENT FUND COMPARATIVE INCOME STATEMENT FOR THE 8 MONTHS ENDING FEBRUARY 29, 1996 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 Operating Expenses Personal Services Operating Expenses Depreciation Total Operating Expenses Operating Income Nonoperating Revenue (Expenses) Interest on Investments Miscellaneous Revenue Miscellaneous Expense Interest Expense Total Nonoperating Revenue (Expenses) Net Income 1996 $4,469,329 529,034 122,061 505,027 80,636 76,056 54,521 5,836,664 1,099,124 2,836,814 623,643 4,559,581 1,277,083 156,577 11,989 (198) 168,368 $1A45~451 1995 $3,758,646 566,719 132,094 429,633 49,363 55,116 38,806 5,030,377 1,048,379 2,794,567 636,178 4,479,124 551,253 33,486 12,046 (105) (7,500) 37,927 $589,180 6 CITY OF ROANOKE, VIRGINIA CiViC CENTER FUND COMPARATIVE INCOME STATEMENT FOR THE 8 MONTHS ENDING FEBRUARY 29, 1996 Operating Revenue Rentals Parking Fee Event Expenses Advertising Admissions Tax Commissions Novelty Fees Total Operating Revenue Operating Expenses Personal Services Operating Expenses Depreciation Total Operating Expenses Operating Loss Nonoperating Revenue Transfer from General Fund Transfer from Materials Control Fund Interest on Investments Miscellaneous Total Nonoperating Revenue Net Less 1996 $322,394 63,285 62,330 1,380 83,639 170,387 8,424 711,839 712,764 781,031 255,439 1,749,234 (1,037,395) 779,636 114,896 24,746 4,409 923,687 ($113,708) 1995 $297,817 126,403 111,811 1,930 124,435 173,929 26,966 863,291 662,473 709,913 224,568 1,596,954 (733,663) 22,032 9,558 675,786 ($57,877) 7 CITY OF ROANOKE, VIRGINIA TRANSPORTATION FUND COMPARATIVE INCOME STATEMENT FOR THE 8 MONTHS ENDING FEBRUARY 29, 1996 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 Operating Expenses Operating Expenses Depreciation Total Operating Expenses Operating Income Nonoperafing Revenue (Expenses) Transfer from General Fund Transfer from Materials Control Interest on Investments Miscellaneous Opera~ng Subsidy for GRTC Interest Expense Total Nonoperating Revenue (Expenses) Net Income 1996 $199,140 212,965 111,850 277,248 150,490 79,265 443,452 347,010 790,462 240,496 872,655 43,165 9,002 3,434 (300,000) (442,660) 185,606 $426,102 1995 $202,682 162,496 109,582 287,875 155,964 74,240 992,839 390,580 347,245 737,825 255,014 657,211 (823) 3,901 (400,00O) (471,882) (211,593) $43,421 8 CITY OF ROANOKE, VIRGINIA NURSING HOME FUND COMPARATIVE INCOME STATEMENT FOR THE 8 MONTHS ENDING FEBRUARY 29, 1996 Operating Revenue Private Patient Fees Medicaid Patient Fees Medicaid Reimbursements Total Operating Revenue Operating Expenses Personal Services Operating Expenses Depreciation Total Operating Expenses Operating Loss Nonoperating Revenue Interest on Investments Proceeds from Sale of Nursing Home Transfer from General Fund Total Nonoperating Revenue Net Income 1996 $26,795 195,496 638,384 860,675 853,740 331,963 15,752 1,201,455 (340,780) 14,099 50,000 504,210 568,309 $227,529 1995 $95,586 173,550 546,360 815,496 807,146 320,196 16,024 1,1~,3~ (327,S~) 9,~8 ~0,~0 450,738 $122,868 9 CITY OF ROANOKE, VIRGINIA HOTEL ROANOKE CONFERENCE CENTER FUND COMPARATIVE INCOME STATEMENT FOR THE 8 MONTHS ENDING FEBRUARY 29, 1996 1996 1995 Operating Revenue Commission Conference Center CONFERENCE COMMISSION(I) CENTER(2) TOTAL $ $ $ $ 957,045 957,045 957,045 957,045 Total Operating Revenue Operating Expenses Commission Conference Center Depreciation Expense 61,005 61,005 1,047,726 1,047,726 296,050 9,389 305,439 262,365 Total Operating Expenses 357,055 1,057,115 1,414,170 262,365 (262,365) Operating Loss (357,055) (100,070) (457,125) Nonoperating Revenue (Expenses) City Subsidy Virginia Tech Subsidy Proceeds from Bdck Sales Interest on Investments Conference Center 175,000 175,000 276,500 175,000 175,000 276,500 1,175 1,175 55,791 6,453 6,453 7,743 (13,775) (13,775) Total Nonoperating Revenue (Expenses) 357,628 (13,775) 343,853 616,534 Net income (Loss) $573 ($113,845) ($113,272) $354,169 Notes to Financial Statement: (1) The column entitled "Commission" represents Commission activity in the City,s financial records. (2) The column entitled "Conference Center" represents actual revenue and expenses of the Conference Center, as provided by Doubletree Management. (3) Conference Center opened in April 1995. (3) 10 CITY OF ROANOKE, VIRGINIA INTERNAL SERVICE FUNDS COMPARATIVE INCOME STATEMENT FOR THE 8 MONTHS ENDING FEBRUARY 29, 1996 TOTALS c~ Information Materials Management Utility Line Fleet Systems Control Services Services Management 1996 1995 Operating Revenue Charges for Services $1,729,137 $121,712 $2~3,700 $1,861,577 $2,069,234 $6,075,360 $6,355,3~3 Total Operating Revenue t,729,137 12t,7t2 293,700 t,861,077 2,069,234 6,075,360 6,356,30~ Operating Expenses Personal Services 889,022 64,102 34,618 1,404,774 776,267 3,168,783 3.183,506 Operating Expenses 187,459 37,882 232,748 313,030 50~.737 1,280,856 1,372,384 Depreciation 252,060 1,219 29,676 126,6'26 738,596 1,148,176 961,964 Total Operating Expenses 1,328,$4t 103,203 297,042 1,944,430 2,024,~99 5,097.815 5,517,803 Operating Income (Loss} 400,$96 t8,009 (3,342} 17, t47 44,630 477,545 837,447 Nonoperatlng Revenue (Expenses) 15,883 179 6,191 40,530 30,922 91 1,000,000 111,723 264,644 212,6C0 (114,896) (43,1~) (212,~oo) Interest Revenue Transfer from General Fund Transfer from Materiais Control Fund Transfer from Management SerMces Fund Transfer from Schcol Board Transfer to Civic Center Fund Transfer to Tmnsporation Fund Transfer to C~ty Information Systems Fund Net Nonoperatlng Revenue (Expenses) Net Income (Loss) 93,705 1,111,723 212,600 55,000 20,0~0 (114,896) (43,165) (267,600) 1,303,483 (370,482) (,48,809) 40,630 142,646 1,067,367 366,739 $1,704,079 ($391,973) ($62, t61) $07,677 $187,280 $1,0,44,912 $1,1937~'~ 11 CITY OF ROANOKE, VIRGINIA CITY TREASURER'S OFFICE GENERAL STATEMENT OF ACCOUNTABILITY FOR THE MONTH ENDED FEBRUARY 29, 1996 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 FOR THE MONTH ENDED FEBRUARY 29, 1996. GENERAL WATER SEWAGE CIVIC CENTER TRANSPORTATION CAPITAL PROJECTS NURSING HOME CONFERENCE CENTER DEBT SERVICE CITY INFORMATION SYSTEMS MATERIALS CONTROL MANAGEMENT SERVICES LITILITY LINE SERVICES FLEET MANAGEMENT PAYROLL PENSION SCHOOL FUND FDETC GRANT TOTAL ($4,523,901.71)$11,389,984.94 ($7,373,589.761 6,548,169.12 499,749.00 8,191,658.42 20,714,572.20 1,545,030.07 18,498,126.37 552,965.91 202,732.82 232,647.92 523,05081 567,560.03 508,745.16 134,066.25 5,704.30 7,474,327.59 31,912,991.37 12,453,285.65 509,151.63 105,314.14 372,137.71 130,083.50 1,397.70 4,983,737.03 8,048,986.62 1,946,889.82 7,958,238.83 780,759.69 1,198,256.77 1,518,460.82 (125,501.44) 110,833.88 263,870.74 198,643.23 19.95 27,023.30 238,694.23 1,355,461.22 15,914.61 27,102.11 1,375,744.53 1,479,117.56 17,928.12 138,880.03 1,704,568.82 (2,149,035.36) 12,032,038.07 11,781,493.28 (~i8~i490 57) (80,282.89 870,627.78 531,719.54 796,747.72 600,689.09 7,720,044.13 6,388,939.54 4,755,951.36 9i~3i0~2 ~ 8,703,690.94 213,439.02 112,252.36 105,218.35 ~0,47~ ~ 8,308.70 351,790.74 10,095.51 420,053.95 (54,232 c~ $50,658,446.59 $68,136,154.46 $59,936,370 R6 CERTIFICATE I 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 FEBRUARY 29, 1996. THAT SAID FOREGOING: CASH: CASH ON HAND CASHIN BANK INVESTMENTS ACQUIRED FROM COMPETITIVE PROPOSALS: COMMERClALPAPER REPURCHASE AGREEMENTS U.S. TREASURY NOTES VIRGINIA AIM PROGRAM(U.S. SECURITIES) TOTAL DATE: MARCH 12, 1996 GORDON E. PETERS, TREASURER 12 CITY OF ROANOKE PENSION PLAN STATEMENT OF REVENUE AND EXPENSES FOR THE 8 MONTHS ENDING FEBRUARY 29, 1996 Revenue Contributions Investment Income Gain on Sale of Investments Bond Discount Amortization Total Revenue 1996 $4,436,032 4,529,500 2,722,832 168,420 $11,856,784 1995 $4,135,020 4,283,145 5,582,891 170,313 $14,171,369 Expenses Pension Payments Fees for Professional Services Bond Premium Amortization Administrative Expense Total Expenses Net Income $5,312,064 440,960 122,861 139,137 6,015,022 $5,841~762 $4,876,836 345,544 263,876 141,342 5,627,598 $8~543,771 13 CITY OF ROANOKE PENSION PLAN BALANCE SHEET FEBRUARY 29, 1996 Assets Cash Investments: (market value: 1996 $206,291,627 1995 $170,026,613) Due from Other Funds Other Assets Total Assets Liabilities and Fund Balance Liabilities: Due to Other Funds Total Liabilities Fund Balance: Fund Balance, July 1 Net Income - Year to Date Total Fund Balance Total Liabilities and Fund Balance 1996 $582,446 164,812,675 2,471 18,000 $165,415~592 $645,626 645,626 158,928,203 5,841,763 164,769,966 $165~415,592 1995 $599,987 153,655,027 2,029 18,000 $154~275,043 $613,842 613,842 145,117,430 8,543,771 153,661,201 $154,275,043 14 WILBURN C. DIBLING, JR. CITY ATTORNEY CITY OF ROANOKE OFFICE OF CITYATTORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW · ROANOKE, VIRGINIA 24011-1595 TELEPHONE: 540-981-2431 TELECOPIER: 540-224-3071 April 1, 1996 WILLIAM X PARSONS STEVEN J. TALEVI GLADYS L. YATES GARY E. TEGENKAMP ASSISTANT CITY A~FORNEYS The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Legal Issues in Buildinq and Housinq Code Enforcement Dear Mayor Bowers and Council Members: City Council has asked that I discuss legal issues in the enforcement of the building and housing codes with particular emphasis on the problem areas. I am pleased to provide this report in response to City Council's request. BACKGROUND The Virginia Uniform Statewide Building Code ("USBC') is organized into two volumes: Volume 1, New Construction Code/1993 and Volume 2, Buildinq Maintenance Code/1993. Local enforcement of the New Construction Code/1993 is mandatory. See New Construction Code, §102.1. Local enforcement of the Buildinq Maintenance Code/1993 is optional. See Buildinq Maintenance Code, §102.1. The City of Roanoke has enforced the Buildinq Maintenance Code since 1986. Both Volumes will be collectively referred to as "Building Code" herein. Building officials are required under the New Construction Code/1993 to conduct a series of inspections during the construction of a building. Upon application for a permit to construct, enlarge, alter, repair, remove, demolish or change the use of a site, the building official may require a preliminary inspection. New Construction Code, §110.1. After the building permit is issued, there are several mandatory minimum inspections at various stages of the construction. Building officials have the option under the Buildinq Maintenance Code/1993 of conducting maintenance inspections for all existing buildings, except non-residential farm structures, to insure compliance with the USBC. Buildinq Maintenance Code, The Honorable Mayor and Members of City Council April 1, 1996 2 ~100.9 and 102.2. In addition, building officials are obligated to inspect all buildings reported as unsafe. Building Maintenance Code, 105.3. In enforcing the Building Code, local building officials confront a myriad of legal issues. Since the Constitutions of the United States and Virginia forbid the taking of property without due process, required notices must be given to all owners at each stage of the process, and owners must be accorded hearings at successive levels. Even the determination of ownership of property with respect to which action is required can be exceedingly complicated, often requiring a full-blown title search. Indeed, it is often the confused state of legal title that causes property to fall into disrepair. Obtaining access to property to conduct the needed inspections also presents significant legal issues. Building officials are required to understand the Fourth Amendment which protects even irresponsible owners from unreasonable search and seizure. Any inspection must first meet the requirements of the Fourth Amendment in order to be valid. My Office provides legal support to building officials in all civil aspects of the enforcement process. Within my Office, Steven J. Talevi, Assistant City Attorney, has been assigned the responsibility of serving as legal counsel to City officials charged with the responsibility of enforcing the Building Code. Regular assignment of one Assistant City Attorney to this responsibility allows this attorney to develop the requisite expertise and establish rapport with clients who always have direct access to this attorney without going through the City Attorney. The Commonwealth's Attorney provides advice and counsel to code enforcement officials as they prosecute criminal violations of the Building Code. The Commonwealth's Attorney has also assigned one Assistant Commonwealth's Attorney to advise building officials in the criminal aspects of code enforcement. A common complaint about Building Code enforcement actions is that the process takes too long. Regrettably, an owner who has the inclination and the time and money can drag the process out for an inordinate period of time. As an example, I am attaching a chronology of an enforcement action concluded in 1995 some two and one-half years after its commencement. The purpose of this enforcement action was to obtain demolition of a vacant residential structure that was in danger of collapse. Although this proceeding may have consumed slightly more time than ordinary because of the owner's illness, it is, in any case, a time-consuming process to take a matter through three consecutive levels of hearings, at each of which the owner is represented by legal counsel who may have delay at least as part of the owner's strategy. The Honorable Mayor and Members of City Council April 1, 1996 The balance of this report will discuss specific issues in Building Code enforcement and make several recommendations to improve the process from a legal standpoint. Organizational and staffing issues are, of course, not appropriately addressed by this report; these issues are within the domain of the City Manager. INSPECTION WARRANTS Inspections by local government officials are a necessary part of the enforcement process of State and City regulations. City officials charged with the responsibility for enforcing the Building Code now operate under a handicap because they must generally obtain consent of the owner or occupant or a criminal search warrant in order to inspect private property with respect to which the owner has a reasonable expectation of privacy. In order to obtain a search warrant, an official must establish probable cause through an affidavit alleging the offense in relation to which the search is to be made and that the offense or thing searched for constitutes evidence of the commission of an offense. See §19.2-54, Code of Virginia (1950), as amended. Furthermore, a search warrant may be issued only for weapons or objects used in the commission of a crime, contraband, fruits of a crime, or an object or thing constituting evidence of the commission of a crime. See S19.2-53. An official, however, conducting an administrative inspection usually cannot specify the particular crime to which his inspection relates; the purpose of his inspection is to determine whether there has been a violation. Furthermore, such official is not desirous of seizing anything; he merely wants to observe a condition. Thus, a search warrant under §19.2-54 is not an attractive alternative for the official needing to conduct an inspection to protect the public health, safety and welfare. While inspections can always be made with the consent of the owner or occupant of the property to be inspected without Fourth Amendment concerns, owners are frequently less than forthcoming and tenants are sometimes fearful of granting consent. In some cases, consent to inspect for Building Code compliance may be assumed, such as where the owner has applied for a building permit or appealed an order of authorities, because it would be impossible to determine whether Code compliance exists without the requisite inspection. Of course, assumed consent has no application where the owner has taken no action that requires inspection of his property. The Honorable Mayor and Members of City Council April 1, 1996 In 1967, the Supreme Court of the United States authorized inspection warrants (sometimes referred to as "administrative search warrants") on less strict grounds than would have to be met for criminal warrants. Camara v. Municipal Court, 387 U.S. 525 (1967). While administrative inspection warrants may use evidence of a specific violation to meet the standard of probable cause for a warrant, they may also be issued on a showing that "reasonable legislative or administrative standards for conducting an...inspection are satisfied with respect to a particular dwelling." Camara, 387 U.S. at 538. Virginia first authorized an inspection warrant in 1976, but limited issuance of the warrant to instances involving the manufacturing, emitting or presence of a toxic substance. See ~19.2-393, et seq., Code of Virginia (1950), as amended. Subsequently, inspection warrants have been authorized for solid, hazardous or radioactive waste (§10.1-1456); fire prevention inspections (~27-98); boiler inspections (§40.1-51.10); inspections for OSHA violations (§40.1-98.8); inspection of oil storage facilities (~62.1-44.34:19.2); and inspection of unlicensed child care facilities (§63.1-198.04). No specific authority exists for an inspection warrant for Building Code enforcement. An inspection warrant of the type authorized in enforcement of the fire prevention code would be particularly useful in enforcing the Building Code. Section 27-98.2 authorizes an inspection warrant for inspection or reinspection of buildings, structures, property or premises to determine compliance with the fire prevention code. In order to obtain an inspection warrant, an official must demonstrate probable cause supported by an affidavit. Inspection warrants may be issued by any judge or magistrate having the authority to issue criminal warrants whose territorial jurisdiction encompasses the building, structure, property or premises to be inspected. Under this section, probable cause is deemed to exist if the inspection, examination, testing or collection of samples for testing is necessary to insure compliance with the fire prevention code for the protection of life and property from the hazards of fire or explosion. Enactment by the General Assembly of authority for inspection warrants to determine compliance with Building Code regulations, similar to the inspection warrant for compliance with the fire prevention code, would be very helpful in enforcing the building code to protect the public health, safety and welfare. For several years in the early 80's, the City's Legislative Program sought inspection warrant authority for Building Code issues. This provision, however, lost favor with City Councils elected in the mid 80's and has not been included in subsequent Legislative The Honorable Mayor and Members of City Council April 1, 1996 5 Programs. The current Council may want to reconsider inspection warrant authority as to Building Code issues again be sought from the General Assembly. whether should REGISTRATION OF VACANT BUILDINGS It is well recognized that vacant buildings represent a drain on limited municipal resources. Regrettably, vacant buildings are frequently the targets of arsonists, and they are sometimes accidentally set on fire by persons illegally occupying them. Thus, vacant buildings result in additional fire calls. They are also a source of additional police calls due to vagrants who seek to occupy them and children who want to play in them. Constant monitoring of the security of vacant buildings is required by municipal authorities. Also, the many neighborhood complaints as to vacant buildings require municipal response. Moreover, vacant buildings cause lost revenue to the City by virtue of contributing to declining neighborhood property values. In an effort to deal with some of the costs incurred by a community as a result of buildings that have been vacant for a long period of time, a bill was introduced at the 1993 Session of the General Assembly that required the owners of vacant buildings to register them on an annual basis and pay an annual registration fee of $500. The bill, although passed by the 1993 Session, was gutted in the legislative process so that the annual registration fee was reduced to $25. See ~15.1-29.24. Such a low fee, of course, neither addresses the additional costs to a local government of vacant buildings nor establishes any deterrent for maintaining vacant buildings. Since the $25 fee does not even provide adequate income to administer the registration program, this program has not been implemented in the City of Roanoke. With a reasonable fee, a registration program could be useful to the City in monitoring vacant buildings and addressing some of the inordinate costs related to them. The register could also provide building officials with important information as to ownership of vacant buildings. Since property cannot be taken without due process, it is required that any significant action with respect to vacant buildings, such as boarding up, demolition, etc., take place only after proper notice to the owners of the building. Ownership of vacant buildings, however, is often shared by many persons, some of whom are out of town. This problem could be eliminated if ~15.1-29.24 were amended to require that owners who register a vacant building name an in-state registered agent for purpose of notice. Where owners fail to register, it should be provided that notice could be given by virtue of publication. The Honorable Mayor and Members of City Council April 1, 1996 6 Amendment of §15.1-29.24 to provide for a reasonable registration fee, as well as the naming of a registered agent for purpose of notice, would provide some help in addressing the financial drain of vacant buildings and would address notice problems that frequently complicate enforcement efforts. City Council may want to refer this matter to the Legislative Committee to consider whether legislation should be sought along these lines from the 1997 Session of the General Assembly. PENALTIES In review of the City's building regulation ordinances, I noted a discrepancy in penalties. Section 7-2, Code of the City of Roanoke (1979), as amended, provides that the penalty for violation of any provision of the Building Code shall be a fine of not more than $1,000. Section 7-6, however, provides that the penalty for violation of any provision of Article III, Plumbinq Work, Article IV, Electrical Work, or Article V, Buildinq-Related Mechanical Work of Chapter 7, Building Regulations, shall constitute a Class 3 misdemeanor. A Class 3 misdemeanor is punishable by a fine of not more than $500 under Section 1-10. The State Code, however, authorizes a fine schedule that establishes a more effective deterrent for repeated violations of Building Code provisions. Section 36-106.A., Code of Virginia (1950), as amended, provides that violation of the Building Code shall be a misdemeanor punishable by a fine of not more than $2,500. The same section provides that if the violation concerns a residential unit and remains uncorrected at the time of conviction, the Court shall order the violator to abate the violation. For repeat violators, §36-106 establishes the following schedule of fines for violations that cause a building to be unsafe or unfit for human habitation: Second Violation within 5 years - $1,000 to $2,500 Second Violation within 5 to 10 years - $500 to $2,500 Three or more offenses within 10 years $1,500 to $2,500. I recommend that City Council adopt an ordinance providing verbatim with subsection A of ~36-106 of the State Code. Such action would establish a stronger deterrent to repeated violations of the Building Code and also require that the courts enter orders for the abatement of violations. With this action and the repeal of §~7-2 and 7-6 of the City Code, any confusion as to the authorized penalties in this City would also be eliminated. The Honorable Mayor and Members of City Council April 1, 1996 LANDLORD-TENANT RELATIONS It has been suggested to me on several occasions that irresponsible tenants are, at least in part, responsible for the less than satisfactory condition of some rental property in the City. Landlords have argued that they have inadequate legal remedies to deal with tenants who damage rental property or fail to keep the property in a clean and safe condition. It has been further suggested that City Council ought to provide additional legal remedies for landlords who are required to deal with difficult tenants. Landlord-tenant relations in Virginia are governed by the Virginia Residential Landlord and Tenant Act. See §55-248.2, et seq., Code of Virginia (1950), as amended. The Act establishes the rights and obligations of landlords and tenants and seeks to encourage both to maintain and improve the quality of housing. Section 55-248.3. While landlords may argue that the Act fails to strike a proper balance between the rights and obligations of landlords and tenants, tenant representatives would obviously argue that the Act is tilted toward the rights and obligations of landlords. In any case, the Act supersedes all local ordinances or regulations concerning landlord and tenant relations and the leasing of residential property. See §55-248.3. Thus, the Commonwealth has preempted local ordinances as to landlord-tenant relations, and City Council may not lawfully adopt ordinances regulating such relationship. I trust that this report fully addresses Council's inquiry. I shall be pleased to address questions any members of Council may have in this matter. With kindest personal regards, I am Sincerely yours, Wilburn C. Dibling, Jr. City Attorney WCD:f cc: W. Robert Herbert, City Manager William F. Clark, Director of Public Works Ronald H. Miller, Building Commissioner H. Daniel Pollock, Manager, Housing Development James A. Pullen v. City of Roanoke CH 94-848 07/13/93 09/08/93 10/07/93 11/07/93 12/17/93 01/21/94 03/10/94 04/21/94 06/18/94 04/13/95 05/25/95 07/10/95 08/29/95 12/26/95 Condemnation Order Appeal by Owner Building Code Board of Appeals gives Owner 9 weeks to do certain, specific work Owner appeals to State Building Code Technical Review Board Technical Review Board meets in Richmond - Owner no-show State Technical Review Board affirms Appeals Board Owner appeals decision of Technical Review Board Owner's counsel approves preparation of transcript Transcript prepared and Record certified to Circuit Court Clerk - Owner in and out of hospital and hearing delayed City sends letter to Owner's counsel, asking for hearing date Court sets matter for hearing - Hearing held - Court holds for City on ground that appeal not timely filed Owner's counsel withdraws - City presents Order for entry - Court enters Order Structure demolished on or about this date (Sewer capped) MARY E 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: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk April 3, 1996 File #38-60-183-268-305-468 Aaron J. Conner General Contractor, Inc. Dixon Contracting, Inc. E. C. Pace Co., Inc. Prillaman & Pace, Inc. S. C. Rossi & Co., Inc. F. L. Showalter Co., Inc. Ladies and Gentlemen: I am enclosing copy of Ordinance No. 32877-040196 accepting the bid of J. P. Turner and Bros., Inc., in the total amount of $247,994.75, for installation of a water main and appurtenances extending from the existing 16-inch main on Route 460, then following Route 660 to the City-owned facilities at Coyner Springs, upon certain terms and conditions; authorizing the proper City officials to execute the requisite contract for such work; and rejecting all other bids made to the City for the work. Ordinance No. 32877-040196 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 1, 1996. On behalf of the City of Roanoke, I would like to express appreciation for submitting your bids on the abovedescribed project. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. IN THECOUNCILOFTHECITY OFROANOKE, VIRGINIA, The 1st day of April, 1996. No. 32877-040196. AN ORDINANCE accepting the bid of $.P. Turner and Brothers Incorporated for the installation of a water main and appurtenances extending from the existing 16 inch main on Route 460, then following Route 660 to the City-owned facilities at Coyner Springs, 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 oftbe City of Roanoke as follows: 1. The bid of.l.P. Turner and Brothers Incorporated, in the total amount of $247,994.75, for the installation of a water main and appurtenances extending from the existing 16 inch main on Route 460, then following Route 660 to the City-owned facilities at Coyner Springs, as more particularly set forth in the April 1, 1996, report to this Council, such bid being in full compliance with the City's plans and specifications made therefor and as provided in the contract documents offered said bidder, which bid is on file in the Office of the City Clerk, be and is hereby ACCEPTED. 2. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, the requisite contract with the successful bidder, based on its proposal made therefor and the City's specifications made therefor, said contract to be in such form as is approved by the City Attorney, 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. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 1st day of April, 1996. No. 32876-040196. AN ORDINANCE to amend and reordain certain sections of the 1995-96 Utility Line Services and Water Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal City of Roanoke, an emergency is declared to Government of the exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1995-96 Utility Line Services and Water Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Utility Line Services Fund Appropriations Operating utility Line Services (1) ......................... Retained EarninGs Retained Earnings - Unrestricted (2) .............. Water Fun~ Appropriations Capital Outlay Coyner Springs Waterline (3) ...................... Revenue NonOperating Revenue Transfer from Utility Line Services (4) ........... $ 3,112,233 3,112,233 1,537,606 $ 24,656,445 275,000 $ 523,030 275,000 1) Transfer to Water Fund (016-056-2625-9502) 2) Retained Earnings - Unrestricted (016-3336) 3) Appropriated from General Revenue (002-056-9600-9003) 4) Transfer from Utility Line Services (002-020-1234-1151) $ 275,000 (275,000) 275,000 275,000 BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: this City Clerk. April 1, 1996 Council Report No. 96-118 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: Subject: BID COMMITTEE REPORT COYNER SPRINGS WATERLINE We, the undersigned Bid Committee, hereby submit the attached report for your consideration. Respe~ctfully submitted, Wi~a~n/V(/hite, Sr., Cha~rT~ J,q~ H. Parrott Kit B. Kiser Charles M. Huffine - ~/~/ WW/PCS/kh Attachment: Bid Committee Report CC: City Attorney City Clerk 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 Manager, Office of Supply Management Commissioner of Revenue April 1, 1996 Council Report No. 96-118 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: SUBJECT: BID COMMITTEE REPORT COYNER SPRINGS WATERLINE Background on the subject in chronological order is as follows: The City owns and operates a Nursing Home, Crisis Intervention Center, and Juvenile Detention Home located at Coyner Springs in Botetourt County. Drinkinq water service to these facilities has been provided by a spring as the water source. The Virginia Department of Health (VDH) has determined that the spring is subject to being influenced by surface water. This potential for contamination requires that the City evaluate water treatment or alternative drinking water sources for the existing facilities. Engineering plans were prepared to extend a public water service to the City facilities. The proposed work consists of watermain and appurtenances extending from the existing 16 inch main on Route 460, then following Route 660 to the City-owned facilities at Coyner Springs. II. Current situation is as follows: Invitation to bid was advertised on February 11,1996. A non-mandatory prebid conference was held on February 22, 1996. Bids, following proper advertisement, were publicly opened and read aloud by the Manager of the Office of Supply Management on March 5, 1996. Five {5) bids were received with J. P. Turner and Brothers Incorporated submitting the Iow bid in the amount of $247,994.75and one hundred twenty (120) consecutive calendar days. III. Issues in order of importance are as follows: A. Compliance of bidders with the requirements of the contract documents B. Amount of the bid Honorable Mayor and Members of City Council BID COMMITTEE REPORT COYNER SPRINGS WATERLINE April 1, 1996 Page 2 IV. Fundin.q for the project Time of completion Alternatives in order of feasibility are as follows: Award a contract to J. P. Turner and Brothers Incorporated in accordance with the contract documents. Compliance of the bidders with the requirements of the contract documents was satisfied. Amount of the bid is acceptable. The Iow bid is 28% below the project estimate of $344,000. Fundin,q for the proiect is available in Utility Line Services Fund prior year retained earnings. Time of completion is one hundred twenty (120) consecutive calendar days, which is acceptable. Reiect all bids and do not award a contract at this time. Compliance of the bidders with the requirements of the contract documents would not be an issue. Amount of the bid would probably increase if rebid at a later date. Funding for the proiect would not be encumbered at this time. Time of completion would be extended. Recommendation is as follows: City Council concur in Alternative A and take the following actions: A. Authorize the City Manager to enter into a contractual agreement, in a form acceptable to the City Attorney, with J. P. Turner and Brothers Incorporated in Honorable Mayor and Members of City Council BID COMMITTEE REPORT COYNER SPRINGS WATERLINE April 1, 1996 Page 3 the amount of 9247,994.75 and one hundred twenty (120) consecutive calendar days for watermain and appurtenances extending from the existing 16 inch main on Route 460, then following Route 660 to the City-owned facilities at Coyner Springs, in accordance with the contract documents. Appropriate the followinq fundin.q from Utility Line Services Fund prior year retained earnings to be transferred a new Water Fund account entitled Coyner Springs Waterline. The contract contingency amount noted below will provide for a 10 percent contract contingency, and approximately $1,000.00 in advertising expenses already incurred. Contract Amount Contingency Advertising $247,994.75 26,005.25 1,000.00 9275,000.00 Reiect the other bids received. PCS/kh Attachment: Tabulation of Bids CC: City Attorney City Clerk 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 Manager, Office of Supply Management Commissioner of Revenue TABULATION OF BIDS CITY OF ROANOKE COYNER SPRINGS WATERLINE ROANOKE, VIRGINIA JOB NO. 6309 Bids opened before the Manager of the Office of Supply Management Tuesday, March 5, 1996 at 2:00 p.m. BIDDER Base Bid Time* Bond J.P. Turner and Brothers Incorporated $247,994.75 120 Yes Dixon Contracting, Inc. $249,590.00 120 Yes Aaron J. Conner $334,900.00 120 Yes Prillaman & Pace, Inc. $367,905.50 120 Yes S.C. Rossi & Company, Inc. $385,000.00 120 Yes F.L. Showalter $437,938.00 120 Yes E.C. Pace Company, Inc. $448,893.00 120 Yes *Consecutive Calendar Days Estimated Cost: $344,700.00 Office of the City Engineer Roanoke, Virginia April 1, 1996 April 1, 1996 Council Report No. 96-118 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: Subject: BID COMMITTEE REPORT COYNER SPRINGS WATERLINE I concur with the Bid Committee recommendation relative to the above project and recommend it to you for appropriate action. Respectfully submitted, W. Robert Herbert City Manager WRH/PCS/kh Attachment: Bid Committee Report CC: City Attorney City Clerk Director of Finance Director of Public Works Director of Administration and Public Safety Assistant to City Manager for Community Relations City Engineer Construction Cost Technician Accountant, Contracts and Fixed Assets Budget Administrator Manager, Office of Supply Management Commissioner of Revenue IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of April, 1996. No. 32880-040196. AN ORDINANCE providing for the acquisition of property rights needed by the City for the construction of the Peters Creek (PC-3) Sewer Interceptor Project; authorizing the City Manager to fix a certain limit on the consideration to be offered by the City; providing for the City's acquisition of such property rights by condemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on any of the parcels for the purpose of commencing the project; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. For the construction of the Peters Creek (PC-3) Sewer Interceptor Project, the City wants and needs certain fee simple interest, permanent and temporary construction easements, and rights of ingress and egress, as more specifically set forth in the report and Attachment "A" thereto, to this Council dated April 1, 1996, on file in the Office of the City Clerk. The proper City officials are authorized to acquire for the City from the respective owners the necessary permanent easements, temporary construction easements, and appropriate ancillary rights with respect to the parcels, for such consideration as the City Manager may deem appropriate, subject to the limitation set out below and subject to applicable statutory guidelines. All requisite documents shall be upon form approved by the City Attorney. 2. The City Manager is directed to offer on behalf of the City to the owners of each of the aforesaid parcels, such consider- ation as he deems appropriate for the necessary interests, provided, however, the total consideration offered or expended shall not exceed $35,000.00 without further authorization of Council. Upon the acceptance of any offer and upon delivery to the City of a deed, approved as to form and execution by the City Attorney, the Director of Finance is directed to pay the respective consideration to the owners of the interest conveyed, certified by the City Attorney to be entitled to the same. 3. Should the City be unable to agree with the owner of any real estate over which an easement is required or should any owner be a person under a disability and lacking capacity to convey real estate or should the whereabouts of the owner be unknown, the City Attorney is authorized and directed to institute condemnation or legal proceedings to acquire for the City the appropriate property rights. 4. In instituting or conducting any condemnation proceeding, the City Attorney is authorized to make motion on behalf of the City for entry of an order, pursuant to S25-46.8, Code of Virginia (1950), as amended, granting to the City a right of entry for the purpose of commencing the project. The Director of Finance, upon request of the City Attorney, shall be authorized and directed to drawn and pay into court the sums offered to the respective owners. 5. In order to provide for the usual daily operation of the municipal government, ordinance shall be in an emergency is deemed to exist, and this full force and effect upon its passage. ATTEST: City Clerk. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 1st day of April, 1996. No. 32879-040196. Government of the exist. THEREFORE, AN ORDINANCE to amend and reordain certain sections of the 1995-96 Sewage Treatment Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal City of Roanoke, an emergency is declared to BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1995-96 Sewage Treatment Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APProPriations Capital Outlay I/I Property Rights Acquisition (1) ............... Retained Earnin=s Retained Earnings - Unrestricted (2) .............. 1) Appropriated from General Revenue 2) Retained Earnings - Unrestricted (003-056-8464-9003} $ 35,000 (003-3336) (35,000) $ 20,917,677 155,000 $ 18,973,108 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. April 1, 1996 Report No. 96-309 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Infiltration/Inflow (I/I) Reduction Program The attached staff report was considered by the Water Resources Committee at its regular meeting on March 18, 1996. The Committee recommends that Council take the following action: Authorize the acquisition of permanent and temporary construction easements, as required, across property identified in the attached report by making offers based on appraisals and institute condemnation if necessary for Project PC-3. Appropriate $35,000 from the Sewer Fund Previous Years Retained Earnings account to account number 003-056-8464-9003, entitled I/I Property Rights Acquisition. Respectfully submitted, Eliza~beth T. Bowles, Chairperson Water Resources Committee ETB:KBK:afm Attachments cc: W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Kit B. Kiser, Director of Utilities & Operations D. D. Daniels, Assistant to City Manager for Community Relations Charles M. Huffine, City Engineer Diane S. Akers, Budget Administrator Ellen Evans, Construction Cost Technician Rosemary Trussell, Accountant, Contracts and Fixed Assets Report No. 96-309 CITY OF ROANOKE INTERDEPARTMENTAL COMMUNICATION DATE: TO: FROM: THRU: SUBJECT: March 18, 1996 Chairman Bowles and Members, Water Resources Committee Kit B. Kiser, Direqtor, Utilities and Operations W. Robert Herb~y Manager INFILTRATION/INFLOW (I/I) REDUCTION PROGRAM Background on the subject in chronological order is as follows: 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, B. Sewershed Evaluation Plan was submitted to the State Water Control Board on September 9, 1992. Correcting problems in six of the fifteen sewersheds identified was deemed to be the most cost-effective and would have the most significant impact on reducing I/I to the plant. Consultant contract awarded at City Council's regular meetinq of March 8, 1993, included various design services identified through the sewershed infiltration/inflow (I/I) reduction studies. The contract anticipated subsequent phases to be based on preliminary design studies. Three proiects previously under construction, PC-1, PC-2, and LR-5, have been completed. Three projects, PC-6A, LR-3, and PC-4, are under construction. The majority of construction on PC-4 is being done in conjunction with Peters Creek Road extension. Peters Creek PC-3 is a forthcoming project to replace a 10-inch and 12-inch sewer line with a 24-inch sewer line along Peters Creek, generally between Peters Creek Road and 625 feet north of Peachtree Road. Members, Water Resources Committee INFILTRATION/INFLOW (I/I) REDUCTION PROGRAM March 18, 1996 Page 2 II. Current situation is as follows: Construction on Peters Creek PC-3 will begin when the necessary property rights have been acquired. The maiority of the proposed construction will take place in existing sanitary sewer easements. Some existing sanitary sewers are being relocated to minimize impact to structures in the vicinity. These situations will require the acquisition of replacement easements. Also, existing easements do not provide for the temporary use of adjacent property for construction purposes (construction easements); therefore, it is necessary for the City to acquire additional easement rights to construct the projects. Authorization is needed to move forward with title work, appraisals, negotiations, and closings for acquisition of property rights. Property rights to be acquired are permanent easements and construction easement. III. Issues in order of importance are as follows: A. Need B. Timing C. Estimated cost D. Funding IV. Alternatives in order of feasibility are as follows: Committee recommends that City Council authorize the acquisition of all property riqhts needed in connection with project PC-3 currently being designed as shown on Attachment A and providing no insurmountable environmental problems are encountered. Said property rights will be permanent and temporary construction easements across property identified on Attachment A. Members, Water Resources Committee INFILTRATION/INFLOW (I/I) REDUCTION PROGRAM March 18, 1996 Page 3 Need for property rights acquisition has been established by design of I/I projects. Timing of property rights acquisition is critical to avoid delay of project schedules. Estimated cost to acquire the necessary property rights is $35,000. Funding is available in the current Sewer Fund Retained Earnings account and may be appropriated to account number 003-056- 8464-9003 entitled I/I Property Rights Acquisition. B. Committee does not recommend that City Council authorize the acquisition of property ri.qhts. Need for property rights acquisition established by design of I/I projects would not be met. Timing would cause delay of projects if property rights are not acquired. Estimated cost would need to be reevaluated if the project is ever approved to proceed to the property rights acquisition stage. 4. Fundinq would remain in Sewer Fund Retained Earnings account. Recommendation is as follows: Committee recommends that City Council concur in Alternative "A" and take the following action: Authorize the acquisition of permanent and temporary construction easements, as required, across property identified on Attachment A by making offers based on appraisals and institute condemnation if necessary for Project PC-3. Members, Water Resources Committee INFILTRATION/INFLOW (I/I) REDUCTION PROGRAM March 18, 1996 Page 4 Appropriate 935,000 from the Sewer Fund Retained Earnings account to account number 003-056-8464-9003 entitled I/I Property Rights Acquisition. WRH/KBK/JG B/kb Attachments CC: City Attorney City Clerk 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 ATTACHMENT A PETERS CREEK PC-3 Property Owner Winston L. Underwood G. Wayne Fralin Virginia May Smith and Mary I. Wright Teddy R. and Elaine S. Roundtree United Metaphysical Churches Phyllis J. Bralley Commonwealth of Virginia Hai and Sophia Cao Robert M. Khatib Randolph M. Stanley Emory T. and Pauline B. Thurman Save In Corporations Giles B. Parker, Jr. Tax Number 2770204 2770203 6100512 2770102 2770113 6100717 6120615 6120613 6120614 6120506 6120505 6120509 6100133 6120510 6120511 6120512 2770201 IN THE COUNCIL OF THE CITY OF ROANOKE, The 1st day of April, 1996. No. 32883-040196. VIRGINIA, AN ORDINANCE providing for the acquisition of property rights needed by the City for 'the Brambleton Avenue, Cove Road and Peachtree Road Bridge Replacement Projects; setting a certain limit on the consideration to be offered by the City; providing for the City's acquisition of such property rights by condemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on any of the parcels for the purpose of commencing the project; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. For the Brambleton Avenue, Cove Road and Peachtree Road Bridge Replacement Projects, the City wants and needs certain easements, together with temporary construction easements and rights of ingress and egress, as more specifically set forth in the report and attachments thereto to this Council dated April 1, 1996, on file in the Office of the City Clerk. The proper City officials are authorized to acquire for the City from the respective owners the necessary easements and appropriate ancillary rights with respect to the parcels, for such consideration as the City Manager may deem appropriate, subject to the limitation set out below and subject to applicable statutory guidelines. 2. The total consideration offered or expended for the parcels shall not exceed $30,000.00 without further authorization of Council. Upon the acceptance of any offer and upon delivery to the City of a deed, approved as to form and execution by the City Attorney, the Director of Finance is directed to pay the respective consideration to the owners of the interest conveyed, certified by the City Attorney to be entitled to the same. 3. Should the City be unable to agree with the owner of any real estate over which an easement is required or should any owner be a person under a disability and lacking capacity to convey real estate or should the whereabouts of the owner be unknown, the City Attorney is authorized and directed to institute condemnation or legal proceedings to acquire for the City the appropriate property rights. 4. In instituting or conducting any condemnation proceeding, the City Attorney is authorized to make motion on behalf of the City for entry of an order, pursuant to S25-46.8, Code of Virginia (1950), as amended, granting to the City a right of entry for the purpose of commencing the project. The Director of Finance, upon request of the City Attorney, shall be authorized and directed to drawn and pay into court the sums offered to the respective owners. 5. 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. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 1st day of April, 1996. No. 32882-040196. AN ORDINANCE to amend and reordain certain sections of the 1995-96 Capital Projects Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal City of Roanoke, an. emergency is declared to Government of the exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1995-96 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Streets and Bridges Three Bridges Replacement (1) ..................... Capital Improvement Reserve Public Improvement Bonds - Series 1996 (2) ........ $ 12,754,048 133,500 $ 21,952,643 19,266,296 1) Appropriated from Bond Funds (008-052-9551-9001) $ 30,000 2) Bridges (008-052-9701-9190) (30,000) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. April 1, 1996 Report No. 96-314 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Three Bridge Replacement Projects Brambleton Avenue, Cove Road and Peachtree Road, Acquisition of Property The attached staff report was considered by the Water Resources Committee at its regular meeting on March 18, 1996. The Committee 1. recommends that Council take the following action: Authorize the acquisition of property rights as more specifically identified in the attached report by making offers based on appraisals and institute condemnation if necessary for the Brambleton Avenue, Cove Road and Peachtree Road Bridge projects. o Transfer $30,000 from the Public Improvement Bonds - Series 1996 Streets and Bridges Account No. 008- 052-9701-9010 to the Three Bridge Replacements Account No. 008-052-9551-9001. Respectfully submitted, Elizabeth T. Bowles, Chairperson Water Resources Committee ETB:KBK:afm Attachments cc: W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Kit B. Kiser, Director of Utilities & Operations D. D. Daniels, Assistant to City Manager for Community Relations Charles M. Huffine, City Engineer Diane S. Akers, Budget Administrator Ellen Evans, Construction Cost Technician Rosemary Trussell, Accountant, Contracts and Fixed Assets CITY OF ROANOKE INTERDEPARTMENTAL COMMUNICATION Report No. 96-314 DATE: TO: FROM: SUBJECT: March 18, 1996 Members, Water Resources Committee I(~ B.,~se~Director, Utilities and Operations, W~o b e r t'~'~(~ r t,'~C it y Manager thru THREE BRIDGE REPLACEMENT PROJECTS BRAMBLETON AVENUE, COVE ROAD AND PEACHTREE ROAD, ACQUISITION OF PROPERTY Background on the subject in chronological order is as follows: Ao Request for Professional Services with qualifyincl [~rooosals wa..¢ advertised, in the Roanoke Times & World News and in The Roanoke Tribune. The following consultant engineering firms responded in accordance with the stipulations set forth in the advertisement: Mattern & Craig, Inc. Hayes, Seay, Mattern & Mattern, Inc. Review Committee selected Mattern & Crai.q, Inc. as the most qualified for the project. En.q neerinq Service Aqreement was awarded to Mattern & Craig, Inc. by City Council on October 16, 1995. II. Current situation is as follows: Bridqes are currently under design and construction is scheduled for the Summer of 1996 for Brambleton Avenue and Fall of 1996 for Cove Road and Peachtree. Authorization is needed to move forward with title work, appraisals, negotiations, and closings for acquisition of property rights. Property rights to be acquired are shown on Attachment A. Members, Water Resources Committee THREE BRIDGE REPLACEMENT PROJECTS BRAMBLETON AVENUE, COVE ROAD & PEACHTREE ROAD, ACQUISITION OF PROPERTY March 18, 1996 Page 2 III. Issues in order of importance are as follows: A. Need B. Timing C. Estimated Cost D. Fundinq IV. Alternatives in order of feasibility are as follows: Committee recommends that City Council authorize the acquisition of all property rights needed in connection with the Brambleton Avenue, Cove Road and Peachtree Bridge projects currently being designed, and providing no insurmountable environmental problems are identified· Said property rights are identified in Attachment A. Need for property rights acquisition has been established by design of the Bridge projects. Timinq of property rights acquisition is critical to avoid delay of project schedule. Estimated cost to acquire necessary property rights totals $30,000; property owners are identified in Attachment "A". o Fundinq totaling $30,000 is available from the proceeds of the 1996 bond issue Account No. 008-052-9701-9190. Committee recommends that City Council not authorize the acquisition of property riqhts. Need for property rights acquisition established by design of the Bridge projects would not be met. Members, Water Resources Committee THREE BRIDGE REPLACEMENT PROJECTS BRAMBLETON AVENUE, COVE ROAD & PEACHTREE ROAD, ACQUISITION OF PROPERTY March 18, 1996 Page 3 Timing would cause delay of the project if property rights are not acquired. Estimated cost would need to be reevaluated if the project is ever approved to proceed to the property rights acquisition stage. 4. Funding would remain in the bond proceed of the 1996 bond issue. Recommendation is as follows: Committee recommends that City Council concur in Alternative "A" and take the following action: Authorize the acquisition of property ri.qhts as more specifically identified in Attachment A by making offers based on appraisals and institute condemnation if necessary for the Brambleton Avenue, Cove Road and Peachtree Road Bridge projects. Transfer $30,000 from the Public Improvement Bonds - Series 1996 Streets and Bridges Account No. 008-052-9701-9190 to the Three Bridge Replacements Account No. 008-052-9551-9001. WRH/JGB/fm Attachments CC: City Attorney Director of Finance Director of Public Works Director of Utilities & Operations Assistant to City Manager for Community Relations City Engineer Construction Cost Technician Accountant, Contracts and Fixed Assets Budget Administrator ATTACHMENT"A" BRAMBLETON AVENUE Richard N. & Carolyn S. Thornton Tax No. 1370604 Temporary Easement City of Roanoke Tax No. 1370201 Permanent Utility Easement COVE ROAD Peter's Creek Church of the Bretheren Tax No. 36.20-1-1 (Roanoke County) Permanent & Temporary Easement Tom B. McCarthy Tax No. 37.17-1-16 (Roanoke County) Permanent Temporary Easement Larry A. Bobbitt Tax No. 6160622 Temporary Easement Kings Arms Apartments, Ltd. Tax No. 6160623 Temporary Easement PEACHTREE ROAD Phyllis J. Bralley Tax No. 6120613 Permanent Temporary Easement Phyllis J. Bralley Tax No. 6120614 Permanent & Temporary Easement Eldridge H. & Mildred E. Overfelt Tax No. 6120507 Temporary Easement Hai & Sophia Cao Temporary Tax No. 6120505 Easement MARY E 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: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk April 3, 1996 File #51 Mr. Woodrow C. Hickman, Jr. 1010 Norfolk Avenue, S. W. Roanoke, Virginia 24016 Dear Mr. Hickman: I am enclosing copy of Ordinance No. 32864-040196 rezoning a certain tract of land located at 1010 Norfolk Avenue, S. W., Official Tax No. 1110805, from LM, Light Manufacturing District, to RM-1, Residential Multi-family, Low Density District. Ordinance No. 32864-040196 was adopted by the Council of the City of Roanoke on first reading on Monday, March 18, 1996, also adopted by the Council on second reading on Monday, April 1, 1996, and will be in full force and effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:sm Enc. IN THE COUNCIL OF THE CITY OF ROANOKE, The 1st day of April, 1996. No. 32864-040196. VIRGINIA, AN ORDINANCE to amend S36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 111, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City. WHEREAS, Woodrow C. Hickman, Jr., has made application to the Council of the City of Roanoke to have the hereinafter described property rezoned from LM, Light Manufacturing District, to RM-1, Residential Multi-family, Low Density District; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by S36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said application at its meeting on March 18, 1996, 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. 111 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: That certain tract of land located at 1010 Norfolk Avenue, S.W., and designated on Sheet No. 111 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 1110805, be, and is hereby rezoned from LM, Light Manufacturing District, to RM-1, Residential Multi-family, Los Density District, as requested in the Petition filed in the Office of the City Clerk on January 11, 1996, and that Sheet No. 111 of the Zone Map be changed in this respect. ATTEST: City Clerk. Roanoke City Planning Commission March 18, 1996 The Honorable Mayor David A. Bowers and Members of Roanoke City Council Roanoke, Virginia Dear Members of Council: Subject: Request from Woodrow C. Hickman, Jr., that a tract of land at 1010 Norfolk Avenue, S. W., designated as Official City Tax Number 1110805, be rezoned from LM, Light Manufacturing District, to RM-1, Residential Multi-family, Low Density District. I. Background: Petition to rezone was filed on 1/11/96 for the purpose of making the existing residence on the property conforming to allow physical improvements to the property. Petition requests rezoning from LM, Light Manufacturing, to RM-1, Residential Multi-family, Low Density District. Previous rezoninq activity in this area occurred in 1992 when an adjacent church requested rezoning from LM to RM-2 in order to expand a parking lot. City staff and Planning Commission discussed possible changes in zoning for this area in 1991. In August of 1991, the Commission authorized staff to file a petition for rezoning from industrial to residential in this area based upon issues and the findings of the existing land use study that had been conducted. The Commission Staff is presently working with a residential developer and the Hurt Park Neighborhood Alliance regarding revitalization and possible zoning changes to maintain existing and encourage new residential development. A request for rezoning to residential is expected in the near future. Planning Commission public hearing was held on February 6, 1996. Mr. Woodrow Hickman and Mrs. Rosa Hickman appeared before the Commission in support of the rezoning request which would allow them to make needed physical improvements to their property. There was discussion of the request and the current land use of the property and the surrounding area. No one was present in opposition to the rezoning request. The Planning Commission voted 6-0 (Mrs. Coles absent) to approve the request. Room162 MunicipalBuiMing 215ChurchAvenue, S.W. Roanoke, Virginia24011 (703)981-2344 Members of Council Page 2 II. Issues: Zonina of the oroDertv is currently LM. Liaht Manufacturing. Adiacent zoninq is RM-2. Residential Multi-family, Medium Density District. Land use of the orooertv is a single-family residence. Adjacent uses include single family and duplex residences, a church, a park, and vacant land. Industrial uses are located on Salem Avenue at 10th, 11th, and 12th Streets. Neiehborhood oraanization is Hurt Park Neiahborhood Alliance. Neighborhood leaders have been notified of this rezoning request. Industrial land inventory in the city is limited; valuable land zoned for industry should be protected. Subject property is not considered prime industrial land. E. Comprehensive Plan recommends: Nei(3hborhood enhancement, preservation, imorovement, and develooment should be encouracied through public, private and voluntary action. Nei(~hborhood character and environmental quality should be protected. Changes in land use in or near residential areas should be carefully evaluated and designed to conserve and enhance neighborhood quality. Neighborhoods affected by conflicting land uses along their perimeter should be carefully reviewed to determine if a change in development patterns is needed and if so, whether that change should reinforce residential investment or convert areas for industrial and commercial use. Because of the limited amount of industrially zoned land in Roanoke, the Comprehensive Plan and related ordinances should protect these areas by restricting uses to only industrial categories. III. Alternatives: A. City Council approve the rezoning request. Zonino is chanoed from LM to RM-1. While other residential areas are presently zoned RM-2, which allows for higher density residential development, the RM-1 zoning more accurately reflects the existing land use pattern. Members of Council Page $ Land use of the subiect prooertv (sinale family residence) is made conformina, thereby allowing improvements to be made to the property. Future land use changes in this area should be consistent with the existing land use pattern - Iow density residential. 3. Neiohborhood oroanization ooals for residential revitalization are met. 4. Industrial land inventory is not significantly affected. Comorehensive Plan is followed, Residential improvement and enhancement encouraged. Zoning change reflects existing land use and reinforces future residential development of the neighborhood. B. City Council deny the rezoning request. 1. Zonino remains LM. Residential land use remains non-conforming. Future land development is encouraged for industry. Neighborhood orqanization goals for residential revitalization may not be met. Industrial land inventory maintained. Property in the area would need to be assembled and developed for industrial purposes. Development should be coordinated with neighborhood organization. Comprehensive Plan could be followed. Further study of land use, zoning, and future development goals of the city and the neighborhood would be necessary to establish boundaries for industrial and residential development. IV. Recommendation: By a unanimous vote of 6-0 (Mrs. Coles absent), the Planning Commission recommends approval of the rezoninq request. The property is currently used as a residence and other properties surrounding it are residential. Changing the zoning to RM-1 will enable the owner to make improvements to the property. The RM-1 zoning is appropriate for the land use in the area and the future development patterns desired in the neighborhood. Members of Council Page 4 JRM:ESL attachments cc: Assistant City Attorney City Engineer Building Commissioner Petitioner Respectfully submitted, Carolyn H. Coles, Chairman Roanoke City Planning Commission City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenun, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk January 18, 1996 File Carolyn Hayes-Coles, Chairperson City Planning Commission 1501 Cove Road, N. W. Roanoke, Virginia 24017 Dear Ms. Coles: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a petition from Mr. Wcodrow C. Hickman, Jr., requesting that a tract of land, containing 0.1 acre, more or less, located at 1010 Norfolk Avenue, S. W., identified as Official Tax No. 11108051 be rezoned from LM, Light Manufacturing District, to RM-1, Residential Multi-family, Low Density District. Sincerely, Mary F. Parker, CMC/AAE City Clerk -~-- .'~ MFP:sm r/hickman Enc. Carolyn Hayes-Coles, Chairperson January 18, 1996 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council Mr. Woodrow C. Hickman, Jr., 1010 Norfolk Avenue, S. W., Roanoke, Virginia 24016 John R. Marlles, Agent, City Planning Commission /A~rtha P. Franklin, Secretary, City Planning Commission Evelyn D. Dorsey, Zoning Administrator Ronald H. Miller, Building Commissioner Steven J. Talevi, Assistant City Attorney PETITION TO REZONE IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Rezoning of a tract of land at 1010 Norfolk Avenue, S. W., designated as Official City Tax Number 1110805, from LM, Light Manufacturing District, to RM-1, Residential Multi-family, Low Density District TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, Woodrow C. Hickman, Jr., owns land in the City of Roanoke, containing less than 0.1 acre, located at 1010 Norfolk Avenue, S. W. and designated as Official Tax Number 1110805. Said tract is currently zoned LM, Light Manufacturing District. A map 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 LM, Light Manufacturing District to RM-1, Residential Multi-family, Low Density District, for the purposes of making the existing residence on the property conforming to an appropriate zoning classification and allowing for physical improvements to the building. The Petitioner believes the rezoning of the said tract of land will further the intent and purposes of the City's Zoning Ordinance and Comprehensive Plan in that it will enhance the-residential nature of the subject area and provide for the maintenance of an existing residential structure. Attached as Exhibit B are the names, addresses and tax numbers of the owner or owners of all lots or property immediately adjacent to or immediately across the street from the property to be rezoned. ' ~O WHEREFORE, the Petitioner requests that the above described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this 11th day of January, 1996. By: Woodrow C. Hickman, Jr. 1010 Norfolk Avenue, S. W. Roanoke, VA 24016 (540) 981-1191 1110~17 1110117 EXHIBIT B NAMES AND ADDRESSES OF PROPERTY OWNERS Tax No. 1110817 - 1008 Norfolk Avenue, S. W. Thomas B. Blanton 3730 London Circle Roanoke, Va 24018 Tax No. 1110125 - Norfolk Avenue Lot 6 BIk 19 Commonwealth of Virginia - escheat Roanoke, VA 24000 Tax No. 1110122 - 1011 Norfolk Avenue, S. W. Floyd Craft 1011 Norfolk Avenue, SW Roanoke, VA 24016 Tax No. 1110126 - 1013 Norfolk Avenue, S. W. T. C. Emmons 1013 Norfolk Avenue, S. W. Roanoke, Va 24016 Tax No. 1110804 - 1014 Norfolk Avenue, S. W. Peter Banks, ET AL 1014 Norfolk Avenue, S. W. Roanoke, Va 24011 Tax No. 1110813 - Salem Avenue, S. W., Lot 5 BIk 17 Jean A. Cadiche Sharon A. Cadiche 725 Scotland Road Orange, NJ 07050 Tax No. 1110814 - 1009 Salem Avenue, S. W. Claudia Hubbard- 4032 Bendemeer Road Salem, VA 24153 Z~so ~oot( 2~I£,~JOA~' ,~,~,',,~V~y~'~ ~9¢?'4)Z~',~~ ~, U-mB ~ 952090'7 .PLANNERS.ARCHITECTS.ENGINEERS'SURVEYORS' 12o8 CORPORATE CIRCLE, ROANOKE, VIRGINIA 772-9580 DISTRICT 'ZoN~ The Roanoke Times Ad Number: 30131003 Publisher's Fee: $101.50 MARY F. PARKER, CITY CLE ROOM 456, MUNICIPAL BUIL 215 CHURCH AVENUE, S.W. ROANOKE, VA 24011-1536 STATE of VIRGINIA CITY of ROANOKE AFFIDAVIT of PUBLICATION I, (the undersigned) an authorized representative of the Times-World Cor- poration, which corporation is publisher of The Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: 03/01/96 FULL RUN - Friday 03/08/96 FULL RUN - Friday Witness, this 13th day of March 1996 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, March 18, 1996, 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, to RM-1, Residential Multi- family, Low Density District, the following property: That certain tract of land located at 1010 Norfolk Avenue, S.W., and bearing Official Tax No. 1110805. 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 the question. GIVEN under my hand this 28th day of February , 1996. heard on Mary F. Parker, City Clerk. Publish in the Roanoke Times, once on Friday, March 1, 1996, and once on Friday, March 8, 1996. 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 Publish in the Roanoke Tribune, once on Thursday, February 29, 1996, and once on Thursday, March 7, 1996. 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 MARY E 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: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk February 29, 1998 File #51 Mr. Woodrow C. Hickman, Jr. 1010 Norfolk Avenue, S. W. Roanoke, Virginia 24016 Dear Mr. Hickman: 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, March 18, 1996, at 7:00 p.m., or as soon thereafter as the matter may be heard, on your request that a certain tract of land located at 1010 Norfolk Avenue, S. W., Official Tax No. 1110805, be rezoned from LM, Light Manufacturing District, to RM-1, Residential Multi-family, Low Density District. For your information, I am enclosing copy of a notice of the public hearing, an Ordinance and a report of the City Planning Commission with regard to the request. 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 Enc. Mr. Woodrow C. Hickman, Jr. February 29, 1996 Page 2 pc: Mr. Thomas B. Blanton, 3730 London Circle, S. W., Roanoke, Virginia 24018 Mr. Floyd Craft, 1011 Norfolk Avenue, S. W., Roanoke, Virginia 24016 Mr. T. C. Emmons, 1013 Norfolk Avenue, S. W., Roanoke, Virginia 24016 Mr. Peter Banks, et al, 1014 Norfolk Avenue, S. W., Roanoke, Virginia 24016 Ms. Jean A. Cadiche and Ms. Sharon A. Cadiche, 725 Scotland Road, Orange, North Carolina 07050 Ms. Claudia Hubbard, 4032 Bendemeer Road, Salem, Virginia 24153 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).-1536 Telephone: (540) 981-2541 Fax: (540) 224-3).45 SANDRA H. EAKIN Deputy City Clerk February 29, 1996 File #51 Mr. Woodrow C. Hickman, Jr. 1010 Norfolk Avenue, S. W. Roanoke, Virginia 24016 Dear Mr. Hickman: 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, March 18, 1996, at 7:00 p.m., or as soon thereafter as the matter may be heard, on your request that a certain tract of land located at 1010 Norfolk Avenue, S. W., Official Tax No. 1110805, be rezoned from LM, Light Manufacturing District, to RM-1, Residential Multi-family, Low Density District. For your information, I am enclosing copy of a notice of the public hearing, an Ordinance and a report of the City Planning Commission with regard to the request. 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. Woodrow C. Hickman, Jr. February 29, 1996 Page 2 It will be necessary for you, or your representative, to be present at the March 18 public hearing. Failure to appear could result in a deferral of the request for rezoning until a later date. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE REZONilqG REQ~sT O~: Woodrow C. Hickman, Jr. at 1010 Norfolk Avenue, S.W., Official Tax No. 1110805, from LM to RM-1 ) AFFIDAVIT ) COMMONWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.1-341, 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 January, 1996, notices ora public hearing to be held on the 7th day of February, 1996, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: Parcel Owner. Agent or Occunant 1110817 Thomas B. Blanton 1110125 No address 1110122 Floyd Craft 1110126 T.C. Emmons 1110804 Peter Banks, et al 1110813 1110814 Jean A. Cadiche SharonA. Cadiche Claudia Hubbard Franklin Address 3730 London Circle Roanoke, VA 24018 1011 Norfolk Avenue, SW Roanoke, VA 24016 1013 Norfolk Avenue, SW Roanoke, VA 24016 1014 Norfolk Avenue, SW Roanoke, VA 24016 725 Scotland Road Orange, NC 07050 4032 Bendemeer Road Salem, VA 24153 SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 29th day of January, 1991L /Notary Pubh~ - My Commission Expires: /~_6~q~ NOTICE OF PUBLIC HEARING BEFORE THE RoANoKE CITY PLANNING COMMISSION TO WHOM IT MAY CONCERN: ~. : The Roanoke City Planning Commission will hold a public hearing on Wednesday, February 7, 1996, 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 fi'om Woodrow C. Hickman, Jr., that a tract of land located at 1010 Norfolk Avenue, S.W., identified by Official Tax Number 1110805, be rezoned fi.om LM, Light Manufacturing District, to RM-1, Residential Multifamily, Low Density District. 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, January 23, 1996 and January 30, 1996 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 E PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.~, Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk January 18, 1996 File #51 Carolyn Hayes-Coles, Chairperson City Planning Commission 1501 Cove Road, N. W. Roanoke, Virginia 24017 Dear Ms. Coles: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a petition from Mr. Woodrow C. Hickman, Jr., requesting that a tract of land, containing 0.1 acre, more or less, located at 1010 Norfolk Avenue, S. W., identified as Official Tax No. 11108051 be rezoned from LM, Light Manufacturing District, to RM-1, Residential Multi-family, Low Density District. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm r/hickman Eric. Carolyn Hayes-Coles, Chairperson Janua~ 18,1996 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council Mr. Woodrow C. Hickman, Jr., 1010 Norfolk Avenue, S. W., Roanoke, Virginia 24016 John R. Marlles, Agent, City Planning Commission Martha P. Franklin, Secretary, City Planning Commission Evelyn D. Dorsey, Zoning Administrator Ronald H. Miller, Building Commissioner Steven J. Talevi, Assistant City Attorney PETITION TO REZONE IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Rezoning of a tract of land at 1010 Norfolk Avenue, S. W., designated as Official City Tax Number 1110805, from LM, Light Manufacturing District, to RM-1, Residential Multi-family, Low Density District TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, Woodrow C. Hickman, Jr., owns land in the City of Roanoke, containing less than 0.1 acre, located at 1010 Norfolk Avenue, S. W. and designated as Official Tax Number 1110805. Said tract is currently zoned LM, Light Manufacturing District. A map 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 LM, Light Manufacturing District to RM-1, Residential Multi-family, Low Density District, for the purposes of making the existing residence on the property conforming to an appropriate zoning classification and allowing for physical improvements to the building. The Petitioner believes the rezoning of the said tract of land will further the intent and purposes of the City's Zoning Ordinance and Comprehensive Plan in that it will enhance the residential nature of the subject area and provide for the maintenance of an existing residential structure. Attached as Exhibit B are the names, addresses and tax numbers of the owner or 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 tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this 11th day of January, 1996. Woodrow C. Hickman, Jr. 1010 Norfolk Avenue, S. W. Roanoke, VA 24016 (540) 981-1191 ~ T~E~ T 111~8 17 1110805 EXHIBIT II101 J8 '1 EXHIBIT B NAMES AND ADDRESSES OF PROPERTY OWNERS Tax No. 1110817 - 1008 Norfolk Avenue, S. W. Thomas B. Blanton 3730 London Circle Roanoke, Va 24018 Tax No. 1110125 - Norfolk Avenue Lot 6 BIk 19 Commonwealth of Virginia - escheat Roanoke, VA 24000 Tax No. 1110122 - 1011 Norfolk Avenue, S. W. Floyd Craft 1011 Norfolk Avenue, SW Roanoke, VA 24016 Tax No. 1110126 - 1013 Norfolk Avenue, S. W. T. C. Emmons 1013 Norfolk Avenue, S. W. Roanoke, Va 24016 Tax No. 1110804 - 1014 Norfolk Avenue, S. W. Peter Banks, ET AL 1014 Norfolk Avenue, S. W. Roanoke, Va 24011 Tax No. 1110813 - Salem Avenue, S. W., Lot 5 BIk 17 Jean A. Cadiche Sharon A. Cadiche 725 Scotland Road Orange, NJ 07050 Tax No. 1110814 - 1009 Salem Avenue, S. W. Claudia Hubbard 4032 Bendemeer Road Salem, VA 24153 0.07~ Lo '~ \ o -.e- /2o'~ 7'0 lot__/¢ STM~£ WOfe ~ -- $. HI.. 50' R /w' ~v~..) 'PLANNERS.ARCHITECTS 'ENGINEERS-SURVEYORS. 1208 CORPORATE CIRCLE, ROANOKE, VIRGINIA 772-9580 A MARY E 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: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk April 3, 1996 File #51 Mr. Lee C. Hartman 665 Diamond Road Salem, Virginia 24153 Dear Mr. Hartman: I am enclosing copy of Ordinance No. 32865-040196 rezoning the rear portion of a tract of land measuring 75 feet by 246 feet, more or less, located off of Cove Road, N. W., Official Tax No. 2560134, from RM-1, Residential Multi-family, Low Density District, to C-2, General Commercial District, subject to proffers contained in the First Amended Petition filed in the City Clerk's Office on February 8, 1996, subject to any changes required by the City during site plan review. Ordinance No. 38265-040196 was adopted by the Council of the City of Roanoke on first reading on Monday, March 18, 1996, also adopted by the Council on second reading on Monday, April 1, 1996, and will be in full force and effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. Mr, Lee C, HaRman April 3, 1996 Page 2 pc: Jerry Grubb, President, Townside Construction Co., Inc. 306 First Street, S. W., Roanoke, Virginia 24011 MKS Associates, c/o Beard Development Corp., 1076 Thomas Jefferson Street, N. W., Washington, D. C. 24000 Mr. and Mrs. Robert W. Barbour, 3226 Cove Road, N. W., Roanoke, Virginia 24017 Mr. and Mrs. Marvin L. Mills, 1532 Guildhall Avenue, N W., Roanoke, Virginia 24017 Mr. and Mrs. Michael A. Barber, 1522 Guildhall Avenue, N. W., Roanoke, Virginia 24017 Mr. and Mrs. Gene E. Williams, 1516 Guildhall Avenue, N. W., Roanoke, Virginia 24017 Mr. and Mrs. Richard Cook, c/o Valley Cleaners, 7403 Williamson Road, N. W., Roanoke, Virginia 24019 Mr. Gary H. Brown, 3237 Cove Road, N. W., Roanoke, Virginia 24017 John R. Marlles, Agent, City Planning Commission Martha P. Franklin, Secretary, City Planning Commission IN THE COUNCIL OF THE CITY OF ROANOKE, The 1st day of April, 1996. No. 32865-040196. VIRGINIA, AN ORDINANCE to amend S36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 256, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. WHEREAS, Lee Hartman has made application to the Council of the City of Roanoke to have the hereinafter described property rezoned from RM-1, Residential Multi-family, Low Density District, to C-2, General Commercial District, subject to certain conditions proffered by the applicant; and WHEREAS, the City Planning proper notice to all concerned as the City of Roanoke (1979), as public hearing Council; and WHEREAS, a on the matter, public hearing was application at its meeting on March Commission, which after giving required by §36.1-693, Code of amended, and after conducting a has made its recommendation to held by City Council on said 18, 1996, 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. 256 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: The rear portion of a tract of land measuring 75 feet by 246 feet, more or less, located off of Cove Road, N.W., and designated on Sheet No. 256 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 2560134, be, and is hereby rezoned from RM-1, Residential Multi-family, Low Density District, to C-2 General Commercial District, subject to the proffers contained in the First Amended Petition filed in the Office of the City Clerk on February 8, 1996, subject to any changes required by the City during site plan review, and that Sheet No. 256 of the Zone Map be changed in this respect. ATTEST: City Clerk. Roanoke City Planning Commission March 18, 1996 The Honorable David A. Bowers, Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Members of Council: Subject: Request from Lee Hartman that the rear portion of a tract of land, being made up of area measuring 75 feet by 246 feet, more or less, identified as Official Tax No. 2560134 and located off of Cove Road, N.W., be rezoned from RM-1, Residential Multifamily, Low Density District, to C-2, General Commercial District, such rezoning to be subject to certain conditions proffered by the petitioner. I. Back~round: Purnose of the rezoning request is to place tax parcel 2560134 into a single zoning classification that would permit the construction of a new 1,000 square foot warehouse building to be used in conjunction with the existing business. Petition to rezone was filed on January 11, 1996. Proffered conditions are as follows: That the property will be developed in substantial conformity with the site plan prepared by Townside Construction Co., Inc., dated January 11, 1996, a copy of which is attached to the Petition for Rezoning as Exhibit B, subject to any changes required by the City during site plan review. That if no building permit has been issued and no construction commenced within 3 years from the date of final zoning approval, the zoning shall revert to C-2 and RM- 1 without further action by City Council. II. Current Situation: Plannine Commission public hearing was held on February 7, 1996. Mr. Jerry Grubb appeared on behalf of the petitioner. Mr. Grubb noted he had revised his petition in response to staff comments. Mr. Grubb noted the proposed metal Room162 MunicipalBuil0ing 215ChurchAvenue, S.W. Roanoke, Virginia24011 (703)981-2344 Members of Council Page 2 structure would be similar in design to the one adjacent to it and presented photographs of the site to the Commission. Mr. Marlles gave the staff report. Mr. Marlles stated that staffwas recommending approval of the request finding that: (1) the proposed rezoning would place the entire parcel in a single zoning designation; (2) the required landscaping would help buffer the surrounding neighborhood; and (3) the proposed metal structure was located as far on the site fi.om the residential structures as possible. Mr. Bradshaw questioned whether the reversion clause was necessary. After discussion between staff and Mr. Bradshaw, Mr. Grubb agreed to withdraw the proffered reversion clause from the petition. No member of the public spoke in opposition or in support of the proposed rezoning. First amended petition to rezone was filed on February 8, 1996. The following condition was proffered: "That the property will be developed in substantial conformity with the site plan prepared by Townside Construction Co., Inc., dated January 11, 1996, a copy of which is attached to the Petition for Rezoning as Exhibit B, subject to any changes required by the City during site plan review. III. Issues: Zoning of the subject property (official tax no. 2560134) is split between C-I, General Commercial District, and RM-1, Residential Mulfifamily, Low Density District. The surrounding zoning pattern is as follows: to the north along Cove Road is C-l, General Commercial; to the south and east is RM-1, Residential Multifamily, Low Density District; to the west is RS-3, Residential Single Family District. Land use of the subject property is currently a gravel parking lot surrounded by a 6' chain-link fence. Land use surrounding the subject property is as follows: to the north along Cove Road are assorted small business establishments; to the south, east and west are single family dwellings. C. Access to the subject property is by way of Cove Road. Neighborhood organization does not exist for this area. Adjoining property owners were notified of the petition to rezone in letters mailed on January 29, 1996. E. Bufferine and screening of the subject lot is currently limited to 6' chain-link fence. Members of Council Page 3 F. Comprehensive Plan recommends: 1. Neighborhood character and environmental quality be protected. 2. Commercial development is carefully evaluated to ensure minimal conflict with residential areas to promote good land use. IV. Alternatives: A. City Council aoorove the rezoning request. 1. Zoning for the entire parcel would become C-2, General Commercial District. Proffered site plan would limit the use of the subject area to a gravel parking lot and a 1,000 square foot warehouse building. 2. Land use of the rezoned portion of the lot would remain parking with a small warehouse. 3. Access to and from the site would be by way of Cove Road. City Traffic Engineer anticipated no significant traffic impact from the proposed development. 4. Neic, hborhood organization does not exist. 5. Buffering consisting of a 10' wide landscaped buffer not less than 6' in height, is required along the perimeter of the subject area requested for rezoning. 6. Comprehensive Plan issues as set forth would be followed. City Council deny the rezoning request. 1. Zoning of the subject parcel would remain split between C-2, General Commercial and RM-1, Residential Multifamily, Low Density District. 2. Land use would remain a gravel parking lot. 3. Access to the site would remain the same. 4. Buffering of the existing gravel parking lot would not be required. 5. Comprehensive Plan issues as set forth could be followed at a later date. Members of Council Page 4 V. Recommendation: Bv a vote of 6-0 (Mrs. Coles absent), the Planning Commission recommended aporoval of the requested rezoning. The requested rezoning would bring that portion of the subject parcel for which the rezoning is sought into conformity with the zoning and ownership of the rest of the parcel. The location of the proposed 1,000 square foot warehouse and the required buffer areas should minimize any impact on the neighborhood. Respectfully submitted, Carolyn H. Coles, Chairman Roanoke City Planning Commission JRM:mpf attachments cc: Assistant City Attorney City Engineer Building Commissioner Petitioner First Amended Petition IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Rezoning of a portion of a tract of land at 3230 Cove Rd., NW, Tax Map #2560134, currently zoned RM-1 to C-2, such rezoning to be subject to certain condition. TO THE HONOP, ABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, Lee Hartman owns land in the City of Roanoke containing 1.484 acres, more or less, located at 3230 Cove Rd., NW, tax map #2560134. Said tract is currently zoned C-2 & RM-1. A map 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 C-2 & RM-1 District to all C-2 District, subject to certain conditions set forth below, for the purpose of construction of a new warehouse building & unifying zoning within a single tract. 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 make said lot 5-BB all one cohesive zoning district. The Petitioner hereby proffers and agrees that if the said tract is rezoned as requested, that the rezoning will be subject to, and the Petitioner will abide by, the following condition: 1. That the property will be developed in substantial conformity with the site plan prepared by Townside Construction Co., Inc., dated January 11, 1996, a copy of which is attached to the Petition for Rezoning as Exhibit B, subject to any changes required by the City during site plan review. Attached as Exhibit C are the names, addresses and tax numbers of the owner or owners of all lots or property immediately adjacent to the property to be rezoned. WHEREFORE, the Petitioner requests that the above-described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this ~ ~ day of ~6 , 199~ Respectfully submitted, 0~'s Agent Jerry Grubb, President Townside Construction Co., Inc. -~/~/'~~ 306 First Street, S.W. Roanoke, VA 24011 Lee C. Hartman, Owner 665 Diamond Rd. Salem, VA 24153 EXHIBIT C Tax MaD #2560109, Development Corp., 24000 3260 Cove Rd., NW, MKS Assoc.,c/o Beard 1076 Thomas Jefferson St., N-W, Washington, D.C Tax MaD ~2560110, 3226 Cove Rd., N-W, Robert W. & Peggy A. Barbour, 3226 Cove Rd., NW, Roanoke, VA 24017 Tax Map #2560112, 1532 Guildhall Ave., NW, Marvin L. & Jean H. Mills, 1532 Guildhall Ave., NW, Roanoke, VA 24017 Tax MaD ~25601t3, 1522 Guildhall Ave., NW, Michael A. & Lenoia A. Barber, 1522 Guildhall Ave., NW, Roanoke, VA 24017 Tax MaD #2560114, 1516 Guildhall Ave., NW, Gene E. & Wanda K. Williams, 1516 Guildhall Ave., NW, Roanoke, VA 24017 Tax Map #2560133, 3236 Cove Rd., NW, Lee C. Hartman, 665 Diamond Rd., Salem, VA 24153 P, eopa,e}',Y O,~ MARY E PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S~W, Room 456 Roanoke, Virginia 2~.~11-1536 Telephone: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk Mr. Lee C. Hartman 665 Diamond Road Salem, Virginia 24153 February 29, 1996 File #51 Dear Mr. Hartman: 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, March 18, 1996, at 7:00 p.m., or as soon thereafter as the matter may be heard, on your request that the rear portion of a tract of land measuring 75 feet by 246 feet, more or less, located off of Cove Road, N. W., Official Tax No. 2560134, be rezoned from RM-1, Residential Multi-family, Low 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. 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. Mariles, Chief of Community Planning, at 981-2344. MFP:sm Enc. Sincerely, Mary F. Parker, CMC/AAE City Clerk interstate otorS 323 Cove Rd, Ro noKe,W, 2q0 7 Ad Number: 30130994 Publisher's Fee: $110.20 TOWNSIDE CONSTRUCTION 306 FIRST ST ROANOKE, VA 24011 The Roanoke Times STATE of VIRGINIA CITY of ROANOKE AFFIDAVIT of PUBLICATION I, (the undersigned) an authorized representative of the Times-World Cor- poration, which corporation is publisher of The Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: 03/01/96 FULL RUN - Friday 03/08/96 FULL RUN - Friday Witness, this 13th day of March 1996 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, March 18, 1996, 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 Multi-family, Low Density District, to C-2, General Commercial District, the following property: The rear portion of a tract of land measuring 75 feet by 246 feet, more or less, located off of Cove Road, N.W., and bearing Official Tax No. 2560134, 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 28th day of ~hr,~ , 1996. Mary F. Parker, City Clerk. Publish in the Roanoke Times, once on Friday, March I, 1996, and once on Friday, March 8, 1996. 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 Adam Cohen, Vice President Townside Construction Co., Inc. 306 First Street, S. W. Roanoke, Virginia 24011 Publish in the ~,Ti51211~, once on Thursday, February 29, 1996, and once on Thursday, March 7, 1996. Send publisher's affidavit: Send bill to: Mary F. Parker, City Cleric Room 456, Municipal Building 215 Church Avenue, S. W. Roanoke, Virginia 24011-1536 Adam Cohen, Vice President Townside Construction Co., Inc. 306 First Street, S. W. Roanoke, Virginia 24011 MARY E 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: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk February 29, 1996 File #51 Mr. Lee C. Hartman 665 Diamond Road Salem, Virginia 24153 Dear Mr. Hartman: 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, March 18, 1996, at 7:00 p.m., or as soon thereafter as the matter may be heard, on your request that the rear portion of a tract of land measuring 75 feet by 246 feet, more or less, located off of Cove Road, N. W., Official Tax No. 2560134, be rezoned from RM-1, Residential Multi-family, Low 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. Please review the documents and if you have questions, you may contact Staven 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 Enc. MARY E 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: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk February 29, 1996 File 1/.51 Mr. Lee C. Hartman 665 Diamond Road Salem, Virginia 24153 Dear Mr. Hartman: 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, March 18, 1996, at 7:00 p.m., or as soon thereafter as the matter may be heard, on your request that the rear portion of a tract of land measuring 75 feet by 246 feet, more or less, located off of Cove Road, N. W., Official Tax No. 2560134, be rezoned from RM-1, Residential Multi-family, Low 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. 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 E PARKER, CMC/AAE Ciw Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 981-2541 Fax: (540) 224-3145 SANDRA H, EAKIN Deputy Ci~, Clerk February 8, 1996 File #51 Carolyn H. Coles, Chairperson City Planning Commission 1501 Cove Road, N. W. Roanoke, Virginia 24017 Dear Ms. Coles: 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 Lee C. Hartman requesting that a tract of land, containing 1.484 acre, more or less, located at 3230 Cove Road, N W., identified as Official Tax No. 2560134, be rezoned from C-2, General Commercial District, and RM-1, Residential Multifamily District, Low 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/hartman Enc. Carolyn H. Coles, Chairperson City Planning Commission February 8, 1996 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council Mr. Lee C. Hartman, 665 Diamond Road, Salem, Virginia 24153 Adam Cohen, Vice President, Townside Construction Co., Inc., 306 First Street, S. W., Roanoke, Virginia 24011 John R. Marlles, Agent, City Planning Commission Martha P. Franklin, Secretary, City Planni,ng Commission Evelyn D. Dorsey, Zoning Administrator Ronald H. Miller, Building Commissioner Steven J. Talevi, Assistant City Attorney First Amended Petition IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Rezoning of a portion of a tract of land at 3230 Cove Rd., NW, Tax Map #2560134, currently zoned RM-1 to C-2, such rezoning to be subject to certain condition. TO THE HONOP~ABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, Lee Hartman owns land in the City of Roanoke containing 1.484 acres, more or less, located at 3230 Cove Rd., NW, tax map #2560134. Said tract is currently zoned C-2 & RM-1. A map 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 C-2 & RM-1 District to all C-2 District, subject to certain conditions set forth below, for the purpose of construction of a new warehouse building & unifying zoning within a single tract. 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 make said lot 5-BB all one cohesive zoning district. The Petitioner hereby proffers and agrees that if the said tract is rezoned as requested, that the rezoning will be subject to, and the Petitioner will abide by, the following condition: 1. That the property will be developed in substantial conformity with the site plan prepared by Townside Construction Co., Inc., dated January 11, 1996, a copy of which is attached to the Petition for Rezoning as Exhibit B, subject to any changes required by the City during site plan review. Attached as Exhibit C are the names, addresses and tax numbers of the owner or owners of all lots or property immediately adjacent to the property to be rezoned. WHEREFORE, the Petitioner requests that the above-described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this 199~ day of ~'.ee C-- Hartman, Owner 665 Diamond Rd. Salem, VA 24153 Respectfully submitted, hD~ar's Agent Jerry Grubb, President Townside Construction Co., Inc. 306 First Street, S.W. Roanoke, VA 24011 EXHIBIT C Tax Ma 2560109, Development Corp., 24000 3260 Cove Rd., NW, MKS Assoc.,c/o Beard 1076 Thomas Jefferson St., NW, Washington, D.C Tax ~, 3226 Cove Rd., NW, Robert W. & Peggy A. Barbour, 3226 Cove Rd., NW, Roanoke, VA 24017 Tax Ma 2560112, 1532 Guildhall Ave., NW, Marvin L. & Jean H. Mills, 1532 Guildhall Ave., NW, Roanoke, VA 24017 Tax Ma 2560113, 1522 Guildhall Ave., NW, Michael A. & Lenoia A. Barber, 1522 Guildhall Ave., N-W, Roanoke, VA 24017 Tax Ma 2560114, 1516 Guildhall Ave., NW, Gene E. & Wanda K. Williams, 1516 Guildhall Ave., NW, Roanoke, VA 24017 Tax ~, 3236 Cove Rd., NW, Lee C. Hartman, 665 Diamond Rd., Salem, VA 24153 Y/ TR, Ar.r "~- . %'C R~/~T kY. g ~.'~. I~?~ TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE Rg.7,ONING REQUEST OF: Lee Hartman, Cove Road, N.W., Tax No. 2560134, from RM-1 ) AFFIDAVIT to C-2, conditional ) COMMONWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.1-341, 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 January, 1996, notices of a public hearing to be held on the 7th day of February, 1996, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: Parcel 2560109 2560110 2560112 2560113 2560114 2560133 2480102 Owner. Agent or Occunant MKS Associates c/o Beard Development Corp Robert and Petty Barbour Marvin and Jean Mills Michael and Lenoia Barber Gene and Wanda Williams Lee C. Hartman Dick and Frankie Cook c/o Valley Cleaners Gary H. Brown 2480101 Address 1076 Thomas Jefferson St, NW Washington, DC 24000 3226 Cove Road, NW Roanoke, VA 24017 1532 Guildhall Avenue, NW Roanoke, VA 24017 1522 Guildhall Avenue, NW Roanoke, VA 24017 1516 Guildhall Avenue, NW Roanoke, VA 24017 665 Diamond Road Salem, VA 24153 7403 Williamson Road Roanoke, VA 24019 3237 Cove Road, NW Roanoke, VA 24017 t Martha Pace Franklin SUESCK1BED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 29th day of January, 1996. f ,,~ otary Public ~ ~ NOTICE OF PUBLIC HEARING BEFORE THE RoaNOKE CITY PLANNING COMMISSION TO WHOM IT MAY CONCERN: ~ . The Roanoke City Planning Commission will hold a public heating on Wednesday, February 7, 1996, 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 Lee Hartman that the rear portion of a tract of land, being made up of an area measuring 75 feet by 246 feet, more or less, identified by Official Tax Number 2560134 and located offofCove Road, N.W., be rezoned from RM-1, Residential Multifamily, Low Density 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 imerest 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, January 23, 1996 and January 30, 1996 Please bill: Adam Cohen, Vice President Townside Construction Co., Inc. 306 First Street, S.W. Roanoke, VA 24011 (540) 343-3500 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 E PARKER, CMC/AAE City Clerk CITY OF ROANOKF, OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-I536 Telephone: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk January 18, 1996 File ~51 Carolyn Hayes-Coles, Chairperson City Planning Commission 1501 Cove Road, N. W. Roanoke, Virginia 24017 Dear Ms. Coles: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a petition from Mr. Lee C. Hartman requesting that a tract of land, containing 1.484 acres, more or less, located at 3230 Cove Road, N. W., identified as Official Tax No. 2560134, be rezoned from C-2, General Commercial District, and RM-I, Residential Multi-family, Low Density District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:sm r/hartman Enc. Carolyn Hayes-Coles, Chairpemon January18,1996 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council Mr. Lee C. Hartman, 665 Diamond Road, Salem, Virginia 24153 Adam Cohen, Vice President, Townside Construction Co., Inc., 306 First Street, S. W., Roanoke, Virginia 24011 John R. Marlles, Agent, City Planning Commission Martha P. Franklin, Secretary, City Planning Commission Evelyn D. Dorsey, Zoning Administrator Ronald H. Miller, Building Commissioner Steven J. Talevi, Assistant City Attorney IN THE COUNCIL OF THE CITY OF ROANOKE, IN RE: VIRGINIA Rezoning of a tract of land lying at Cove Rd. and Hershberger, 3230 Cove Re., NW, Tax Map #2560134, from C-2 & RM-1 to all 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, Lee Hartman owns land in the City of Roanoke containing 1.484 acres, more or less, located at 3230 Cove Rd., NW, tax map #2560134. Said tract is currently zoned C-2 & RM-1. A map 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 C-2 & RM-1 District to all C-2 District, subject to certain conditions set forth below, for the purpose of construction of a new warehouse building & unifying zoning within a single tract. 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 make said lot 5-BB all one cohesive zoning district. The Petitioner hereby proffers and agrees that if the said tract is rezoned as requested, that the rezoning will be subject to, and the Petitioner will abide by, the following conditions: 1. That the property will be developed in substantial conformity with the site plan prepared by Townside Construction Co., Inc., dated January 11, 1996, a copy of which is attached to the Petition for Rezoning as Exhibit B, subject to any changes required by the City during site plan review. 2. That if no building permit has been issued and no construction commenced within 3 years from the date of final zoning approval, the zoning shall revert to C-2 & RM-1 without further action by City Council. 665 Diamond Rd. Salem, VA 24153 Attached as Exhibit C are the names, addresses an~ tax numbers of the owner or owners of all lots or property immediately adjacent to the property to be rezoned. WHEREFORE, the Petitioner requests that the above-described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this Il day of ~~ 199 ~ . , ~r' s Ag e ~t/. ~O~m Cohen, ~ice President To~nside Construction Co., Inc 306 First Street, S.W. ' Roanoke, VA 24011 /vA ~,': ,~ ,.9. ,B. /SPP ,°8./6/8 .... ::"b c'i::? 1,6 ?' IP.~. 00' EXHIBIT____~C Tax Ma2560109, Development Corp., 24000 3260 Cove Rd., NW, MKS Assoc.,c/o Beard 1076 Thomas Jefferson St., NW, Washington, D.C Tax Ma 2560110, 3226 Cove Rd., NW, Robert W. & Peggy A. Barbour, 3226 Cove Rd., NW, Roanoke, VA 24017 Tax Ma 2560112, 1532 Guildhall Ave., NW, Marvin L. & Jean H. Mills, 1532 Guildhall Ave., N-W, Roanoke, VA 24017 Tax Ma 2560113, 1522 Guildhall Ave., NW, Michael A. & Lenoia A. Barber, 1522 Guildhall Ave., NW, Roanoke, VA 24017 Tax2~~, 1516 Guildhall Ave., NW, Gene E. & Wanda K. Williams, 1516 Guildhall Ave., NW, Roanoke, VA 24017 ax 2 6 1 , 3236 Cove Rd., NW, Lee C. Hartman, 665 Diamond Rd., Salem, VA 24153 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: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk April 3, 1996 File #51 Amy C. Moore Executive Director Habitat for Humanity in the Roanoke Valley, Inc. 541 Luck Avenue, S. W., Suite 310 Roanoke, Virginia 24016 Deer Ms. Moore: I am enclosing copy of Ordinance No. 32866-040196 rezoning a certain tract of land located on Albemarle Avenue, S. E., and identified as Official Tax Nos. 4022213, 4022214 and 4022215, from HM, Heavy Manufacturing District, to RM-1, Residential Multi-family, Low Density District, subject to proffers contained in the Second Amended Petition filed in the City Clerk's Office on February 23, 1996, subject to any changes required by the City during site plan review. Ordinance No. 32866-040196 was adopted by the Council of the City of Roanoke on first reading on Monday, March 18, 1996, also adopted by the Council on second reading on Monday, Apdl 1, 1996, and will be in full force and effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC/AAE/ City Clerk MFP:sm Enc. Amy C. Moore, Executive Director Habitat for Humanity in the Roanoke Valley, Inc. April 3, 1996 Page 2 pc: Baker Performance Chemicals, Inc., 9494 SW Freeway, Suite 412, Houston, Texas 77074 Mr. Joseph P. Vermillion, 441 Albemarle Avenue, S. E., Roanoke, Virginia 24013 Mr. Dennis U. Austin, Jr., and Mr. J. B. Hughes, 7035 Northway Drive, N. W., Roanoke, Virginia 24019 Mr. James R. Robinson, 422 Albemarle Avenue, S. E., Roanoke, Virginia 24013 Mr. and Mrs. Kenneth McLain, 113 Sedgefield Lane, Vinton, Virginia 24179 Mr. Paul D. Ferguson, Jr., and Ms. Bonita F. Yeatts, 434 Albemarle Avenue, S. E., Roanoke, Virginia 24013 John R. Marlles, Agent, City Planning Commission Martha P. Franklin, Secretary, City Planning Commission IN THE COUNCIL OF THE CITY OF ROANOKE, The 1st day of April, 1996. No. 32866-040196. VIRGINIA, AN ORDINANCE to amend S36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 402, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. WHEREAS, Habitat for Humanity in the Roanoke Valley, Inc., has made application to the Council of the City of Roanoke to have the hereinafter described property rezoned from HM, Heavy Manufacturing District, to RM-1, Residential Multifamily, Low Density District, subject to certain conditions proffered by the applicant; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by S36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said application at its meeting on March 18, 1996, after due and timely notice thereof as required by ~36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that S36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 402 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: That certain tract of land located on Albemarle Avenue, S.E., and designated on Sheet No. 402 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Nos. 4022213, 4022214 and 4022215, be, and is hereby rezoned from HM, Heavy Manufacturing District, to RM-1, Residential Multifamily, Low Density District, subject to the proffers contained in the Second Amended Petition filed in the Office of the City Clerk on February 23, 1996, subject to any changes required by the City during site plan review, and that Sheet No. 402 of the Zone Map be changed in this respect. ATTEST: City Clerk. Roanoke City Planning Commission March 18, 1996 The Honorable David A. Bowers, Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Members of Council: Subject: Request fioom Habitat for Humanity in the Roanoke Valley, Inc., that parcels of land located on Albemarle Avenue, S.E., more specifically designated as Official Tax Nos. 4022213, 4022214 and 4022215, be rezoned from HM, Heavy Manufacturing District, to RM-1, Residential Multifamily, Low Density District, such rezoning to be subject to certain conditions proffered by the petitioner. I. Background: Puroose of the rezoning request is to place tax parcels 4022213- 4022215, inclusive, comprising .48 acre, into a zoning classification that would permit the construction of a single family, detached dwelling. B. Petition to rezone was filed January 11, 1996, and contained proffered conditions. First Amended Petition to Rezone was filed on February 1, 1996, and contained the following proffered conditions: That a resubdivision plat shall be prepared combining land on Albemarle Avenue, S.E., Tax Map Numbers 4022213, 4022214 and 4022215 and approved by the City within twelve (12) months of the ordinance approving this rezoning The property will be developed in substantial conformity with the site plan prepared by Mattern and Craig, dated January 11, 1996. Subject property is located in a predominantly residential neighborhood which has a mixture of older and newer single family homes. Subject property is located on a ridge which separates it from other areas currently zoned HM, Heavy Manufacturing District. Room162 MunicipalBuilding 215ChurchAvenue, S.W. Roanoke, Virginia24011 (703)981-2344 Members of Council Page 2 II. Current Situation: Planning Commission public hearing was held on February 7, 1996. Ms. Amy Moore, Executive Director of Habitat for Humanity, appeared before the Commission to summarize the request. Ms. Moore noted that Messrs. Ron Cronise, chairman of Habitat's building committee and Mr. David Camper, president of the board were also present to answer questions. Ms. Moore noted that Habitat was combining the three lots into a single building lot. She stated the proposed building lot was on a high plateau overlooking the adjacent manufacturing area. Mr. Joseph Vermillion (441 Albemarle Avenue, SE) appeared before the Commission and stated he did not want anything built on the vacant lot which was next to his property. Mr. Vermillion stated he was concerned that his property taxes would be raised and that the home would create more traffic. He also said that he did not want the proposed driveway next to his property and he was concerned about possible water problems and the necessity of digging up a water main in his driveway. Mr. Jones advised Mr. Vermillion that the Commission had nothing to do with taxes. In response to Mr. Vermillion's concerns regarding the water line, Mr. Camper stated the new home would probably have its own meter. Mr. Marlles gave the staff report. He noted that the land uses in the area were a combination of newer and older homes. He stated that the property was not valuable for industrial purposes and that the proposed rezoning was a logical extension of the RM-1 zone. Finally, Mr. Marlles stated that staffwas recommending that a fence be installed because of the steep topography at the rear of the property. In response to a concern expressed by Mr. Bradshaw, Mr. Cronise agreed to proffer landscaping along the southern and western property lines. Second Amended Petition to rezone was filed on February 23, 1996, with the following conditions: That a resubdivision plat shall be prepared combining land on Albemarie Avenue, S.E., Tax Map Numbers 4022213, 4022214 and 4022215 and approved by the City within twelve (12) months of the ordinance approving this rezoning. Members of Council Page 3 III. Issues: IV. The property will be developed in substantial conformity with the site plan prepared by Mattern and Craig, dated Janua~ 11, 1996. A landscaped buffer consisting of white pines, 6 feet tall planted on 8 foot centers, and a chain link fence be erected and maintained parallel to the south and west property lines. Zoning of the subject property is currently HM, Heavy Manufacturing District. The surrounding zoning pattern is as follows: to the north and east is RM-1, Residential Multifamily, Low Density District, to the south and west is HM, Heavy Manufacturing District. Land use of the subject property is currently undeveloped. The surrounding land use pattern is as follows: to the north and east are single family homes, to the south and west are industrial uses. Access to the subject property would be from Albemarle Avenue, S.E. Nei~,hborhood omanization for this area is the Southeast Action Forum. Adjoining property owners have been notified of the request. Comprehensive Plan recommends: 1. The development of"infill" or vacant lots in existing neighborhoods. Alternatives: A. That possible changes in land use or new public or private development in or near residential areas should be carefully evaluated and designed to conserve and enhance neighborhood quality. The improvement of transitional neighborhood areas. The encouragement of a variety of housing choices in existing neighborhoods through a balance of preservation, rehabilitation and new development. The protection of valuable industrially-zoned land. City Council approve the rezoning request. Members of Council Page 4 Zoning of the subject property would be changed fi.om HM, Heavy Manufacturing District to RM-1, Residential Multifamily, Low Density District. Land use of the subject property would change fi.om undeveloped to single family residential. The size and location of the subject area does not make it suitable for heavy manufacturing use. Ac~$~ to the subject property could be safely provided by way of Albemarle Avenue. Nei~.hborhood would be stabilized by infill development which is compatible with the surrounding residential area. 5. Comnrehensive Plan issues as set forth would be addressed. B. City Council deny the request. Zoning of the subject property would remain HM and the development of the proposed single family residence would not take place. 2. Land use would remain a vacant property. 3. Access would not be an issue. 4. Nei~,hborhood would be unchanged. 5. Comprehensive Plan issues as set forth would not addressed. V. Recommendation; By a vote of 6-0 (Mrs. Coles absent) the Planning Commission recommended approval of the rezoning, finding that the proposed use of the subject property is consistent with the issues set forth in the Comprehensive Plan and the pattern of development in this established residential neighborhood. Furthermore, the subject area, because of its size and location, is not valuable for industrial development. Respectfully submitted, Carolyn H. Coles, Chairman Roanoke City Planning Commission Members of Council Page 5 JRM:mpf attachments cc: Assistant City Attorney City Engineer Building Commissioner Petitioner SECOND AMENDED PETITION IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Rezoning of a tract of land lying in the City of Roanoke on Albemarle Avenue, S. E., designated Official Tax Numbers 4022213, 4022214 and 4022215 as shown on the attached site plan, Exhibit A dated January 11, 1996 prepared by Mattern and Craig, from Heavy Manufacturing, HM to Residential Multi-Family District, RM-1, such rezoning to be subject to certain conditions. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, Habitat for Humanity in the Roanoke Valley, Inc., owns land in the City of Roanoke containing 0.48 acres, more or less, located on Albemarle Avenue, S. E., Tax Map Numbers 4022213, 4022214 and 4022215. Said tract is currently zoned HM. A map of the property to be rezoned is attached as Exhibit B. Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, Petitioner requests that the said property be rezoned from I-IM District to RM-1 District, subject to certain conditions set forth below, for the purpose of costructing single family residences. The Petitioner bel/eves that 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 convert, land that is currently fallow, to a productive use and it will make available reasonable priced residential lots to provide home ownership (desperately needed) to low income families. The Petitioner hereby proffers and agrees that, if this tract of land is rezoned as requested, that the rezoning will be subject to, and the Petitioner will abide by, the following conditions: o That a re-subdivision plat shall be prepared combining land on Albemarle Avenue, S. E., Tax Map Numbers 4022213, 4022214 and 4022215 and approved by the City within twelve (12) months of the ordinance approving this rezoning. The property will be developed in substantial conformity with the site plan prepared by Mattern & Craig, dated January 11, 1996. A landscaped buffer consisting of white pines, 6 feet tall planted on 8 foot centers, and a chain link fence be erected and maintained parallel to the south and west property lines. Attached as Exhibit C are the names, addresses and tax numbers of the owners of all lots or property immediately adjacent to, or immediately across a street or an alley, from the property sought to be rezoned. WHEREFORE, Petitioner requests that the above described land be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this 23th day of February, 1996. Habitat for Humanity in the Roanoke Valley, Inc. Amy C. Moore, Executive Director Habitat for Humanity in the Roanoke Valley, Inc. 541 Luck Avenue, Suite 310 Roanoke, Virginia 24016 (703)344-0747 r~o ~n- EXHIBIT A EXHIBIT B I II II ADJOINING PROPERTY OWNER LIST Official Tax Number 4022211 4022212 4022216 4022217 4022223 4021927 4021928 4021929 4021930 Owner's Name and Address Baker Performance Chemicals, Inc. 9494 SW Freeway, Suite 412 Houswn, Texas 77074 Baker Performance Chemicals, Inc. 9494 SW Freeway, Suite 412 Houston, Texas 77074 Joseph P. Vermillion P. O. Box 349004 - Atm. Tax Dept. Columbus, Ohio 43234 Joseph P. Vermillion P. O. Box 349004 - Attn. Tax Dept. Columbus, Ohio 43234 Baker Performance Chemicals, Inc. 9494 SW Freeway, Suite 412 Houston, Texas 77074 Dennis U. Austin, Jr. and J. B. Hughes 7035 Northway Drive, N. W. Roanoke, Virginia 24015 James R. Robinson 428 - Guarant~ Savings & Loan P. O. Box 7206 - Tax Dept. Charlottesville, Virginia 22906 Kenneth G. & Shirley B. McLain P. O. Box 26388 - Atm. Tax Dept. Richmond, Virginia 23260 Paul David Ferguson, Jr. and Bonita F. Yeatts 434 Albemarle Avenue, S. E. Roanoke, Virginia 24013 EXHIBIT C PROPOSED REZONIN iHM to RM-1, Conditional~ Ad Number: 30131005 Publisher's Fee: $107.30 HABITAT FOR HUMANITY 541 LUCK AVENUE SUITE 310 ROANOKE, VA 24016 The Roanoke Times STATE of VIRGINIA CITY of ROANOKE AFFIDAVIT of PUBLICATION I, (the undersigned) an authorized representative of the Times-World Cor- poration, which corporation is publisher of The Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: 03/01/96 FULL RUN - Friday 03/08/96 FULL RUN - Friday Witness, this 13th day of March 1996 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, March 18, 1996, 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 RM-1, Residential Multifamily, Low Density District, the following property: That certain tract of land located on Albemarle Avenue, S.E., and bearing Official Tax Nos. 4022213, 4022214 and 4022215, 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 28th day of February , 1996. Mary F. Parker, City Clerk. Publish in the ~, once on Friday, March 1, 1996, and once on Friday, March 8, 1996. 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 Habitat for Humanity in the Roanoke Valley, Inc. 541 LuckAvenue, S. W., Suite 310 Roanoke, Virginia 24016 Publish in the I~3~T~, once on Thursday, February 29, 1996, and once on Thursday, March 7, 1996. Send publisher's affidavit: Send bill to: Mary F. Parker, City Clerk Room 456, Municipal Building 215 Church Avenue, S. W. Roanoke, Virginia 24011-1536 Habitat for Humanity in the Roanoke Valley, Inc. 541 LuckAvenue, S. W., Suite 310 Roanoke, Virginia 24016 MARY E 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: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk February 29, 1996 File ff~l Amy C. Moore Executive Director Habitat for Humanity in the Roanoke Valley, Inc. 541 Luck Avenue, S. W., Suite 310 Roanoke, Virginia 24016 Dear Ms. Moore: 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, March 18, 1996, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Habitat for Humanity in the Roanoke Valley, Inc., that a certain tract of land located on Albemarle Avenue, S. E., and identified as Official Tax Nos. 4022213, 4022214 and 4022215, be rezoned from HM, Heavy Manufacturing District, to RM-1, Residential Multi-family, Low Density 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. Please review the documents and if you have questions, you may confact 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 Enc. Amy C. Moore February 29, 1996 Page 2 pc: Baker Pe~ormanca Chemicals, Inc., 9494 SW Freeway, Suite 412, Houston, Texas 77074 Mr. Joseph P. Vermillion, 441 Albemarle Avenue, S. E., Roanoke, Virginia 24013 Mr. Dennis U. Austin, Jr., and Mr. J. B. Hughes, 7035 Northway Drive, N. W., Roanoke, Virginia 24019 Mr. James R. Robinson, 422 Albemarle Avenue, S. E., Roanoke, Virginia 24013 Mr. and Mrs. Kenneth McLain, 113 Sedgefield Lane, Vinton, Virginia 24179 Mr. Paul D. Ferguson, Jr., and Ms. Bonita F. Yeatts, 434 Albemarle Avenue, S. E., Roanoke, Virginia 24013 MARY E PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.V~, Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk February 29, 1996 File #51 Amy C. Moore Executive Director Habitat for Humanity in the Roanoke Valley, Inc. 541 Luck Avenue, S. W., Suite 310 Roanoke, Virginia 24016 Dear Ms. Moore: 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, March 18, 1996, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Habitat for Humanity in the Roanoke Valley, Inc., that a certain tract of land located on Albemarle Avenue, S. E., and identified as Official Tax Nos. 4022213, 4022214 and 4022215, be rezoned from HM, Heavy Manufacturing District, to RM-1, Residential Multi-family, Low Density 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. 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. Amy C. Moore February 29, 1996 Page 2 It will be necessary for you, or your representative, to be present at the March 18 public heari.n.g. Failure to appear could result in a deferral of the request for rezoning unt, I a later date. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. NOTICE OF PUBLIC HEARING BEFORE THE R~)ANOKE CITY PLANNING COMMISSION TO WHOM IT MAY CONCERN: The Roanoke City Planning Commission will hold a public hearing on Wednesday, February 7, 1996, 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 parcels of land located on Albemarle Avenue, S.E., more specifically designated as Official Tax Nos. 4022213, 4022214 and 4022215, be rezoned from HM, Heavy Manufacturing District, to RM-1, Residential Multifamily, Low Density 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, January 23, 1996 and January 30, 1996 PleasebiH: Habitat for Humanity in the Roanoke Valley, Inc. 541 Luck Avenue, S.W., Suite 310 Roanoke, VA 24016 (540) 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 24011-1536 Telephone: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk February 27, 1996 File #51 Carolyn H. Coles, Chairperson City Planning Commission 1501 Cove Road, N. W. Roanoke, Virginia 24017 Dear Ms. Coles: 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 Habitat for Humanity in the Roanoke Valley, Inc., requesting that a tract of land, containing 0.48 acre, more or less, located on Albemarle Avenue, S. E., identified as Official Tax Nos. 4022213, 4022214 and 4022215, be rezoned from HM, Heavy Manufacturing District, to RM-1, Residential Multi- family District, Low Density District, subject to certain conditions proffered by the petitioner. Sincerely, City Clerk MFP:sm r/habitat Enc. .Carol~,n H. Coles, Chairperson February 27, 1996 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council Amy C. Moore, Executive Director, Habitat for Humanity in the Roanoke Valley, Inc., 541 Luck Avenue, S. W., Suite 310, Roanoke, Virginia 24016 John R. Marlles, Agent, City Planning Commission Martha P. Franklin, Secretary, City Planning Commission Evelyn D. Dorsey, Zoning Administrator Ronald H. Miller, Building Commissioner Steven J. Talevi, Assistant City Attorney SECOND AMENDED PETITION IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Rezoning of a tract of land lying in the City of Roanoke on Albemarle Avenue, S. E., designated Official Tax Numbers 4022213, 4022214 and 4022215 as shown on the attached site plan, Exhibit A dated January 11, 1996 prepared by Mattern and Craig, from Heavy Manufacturing, HM to Residential Multi-Family District, RM-1, such rezoning to be subject to certain conditions. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, Habitat for Humanity in the Roanoke Valley, Inc., owns land in the City of Roanoke containing 0.48 acres, more or less, located on Albemarle Avenue, S. E., Tax Map Numbers 4022213, 4022214 and 4022215. Said tract is currently zoned HM. A map of the property to be rezoned is attached as Exhibit B. Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, Petitioner requests that the said property be rezoned from HM District to RM-1 District, subject to certain conditions set forth below, for the purpose of costructing single family residences. The Petitioner believes that the rezoning of the said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensiye pl~, in, that it will convert, land that is currently fallow, to a productive use anti it wilt maxe available reasonable priced residential lots to provide home ownership (desperately needed) to low income families. The Petitioner hereby proffers and agrees that, if this tract of land is rezoned as requested, that the rezoning will be subject to, and the Petitioner will abide by, the following conditions: That a re-subdivision plat shall be prepared combining land on Albemarle Avenue, S. E., Tax Map Numbers 4022213, 4022214 and 4022215 and approved by the City.within twelve (12) months of the ordinance approving this rezomng. The property will be developed in substantial conformity with the site plan prepared by Mattern & Craig, dated January 11, 1996. A landscaped buffer consisting of white pines, 6 feet tall planted on 8 foot centers, and a chain link fence be erected and maintained parallel to the south and west property lines. Attached as Exhibit C are the names, addresses and tax numbers of the owners of all lots or property immediately adjacent to, or immediately across a street or an alley, from the property sought to be rezoned. WHEREFORE, Petitioner requests that the above described land be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this 23th day of February, 1996. Habitat for Humanity in the Roanoke Valley, Inc. Amy C. Moore, Executive Director Habitat for Humanity in the Roanoke Valley, Inc. 541 Luck Avenue, Suite 310 Roanoke, Virginia 24016 (703)344-0747 MARY E 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: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy Ci~ CIerk February 1, 1996 File #51 Carolyn H. Coles, Chairperson City Planning Commission 1501 Cove Road, N. W. Roanoke, Virginia 24017 Dear Ms. Coles: 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 Habitat for Humanity in the Roanoke Valley, Inc., requesting that a tract of land, containing 0.48 acre, more or less, located on Albemarle Avenue, S. E., identified as Official Tax Nos. 4022213, 4022214 and 4022215, be rezoned from HM, Heavy Manufacturing District, to RM-1, Residential Multi-family, Low Density District, subject to certain conditions proffered by the petitioner. Sincerely, Mary F. Parker, CMCIME City Clerk MFP:sm r/habitat Enc. Carolyn H. Coles, Chairperson February 1, 1996 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council Amy C. Moore, Executive Director, Habitat for Humanity in the Roanoke Valley, Inc., 541 Luck Avenue, S. W., Suite 310, Roanoke, Virginia 24016 John R. Marlles, Agent, City Planning Commission Martha P. Franklin, Secretary, City Planning Commission Evelyn D. Dorsey, Zoning Administrator Ronald H. Miller, Building Commissioner Steven J. Talevi, Assistant City Attorney FIRST AMENDED PETITION IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Rezoning of a tract of land lying in the City of Roanoke on Albemarle A;venue, S. E., designated Official Tax Numbers 4022213, 4022214 and 4022215 as shown on the attached site plan, Exhibit A dated January 11, 1996 prepared by Mattern and Craig, from Heavy Manufacturing, HM to Residential Multi-Family District, RM-1, such mzoning to be subject to certain conditions. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, Habitat for Humanity in the Roanoke Valley, Inc., owns land in the City of Roanoke containing 0.48 acres, more or less, located on Albemarle Avenue, S. E., Tax Map Numbers 4022213, 4022214 and 4022215. Said tract is currently zoned HM. A map of the property to be rezoned is attached as Exhibit B. Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, Petitioner requests that the said property be rezoned from HM District to RM-1 District, subject to certain conditions set forth below, for the purpose of costructing single family residences. The Petitioner believes that 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 convert, land that is currently fallow, to a productive use and it will make available reasonable priced residential lots to provide home ownership (desperately needed) to low income families. The Petitioner hereby proffers and agrees that, if this tract of land is rezoned as requested, that the rezoning will be subject to, and the Petitioner will abide by, the following conditions: 1. That a re-subdivision plat shall be prepared combining land on Albemarle Avenue, S. E., Tax Map Numbers 4022213, 4022214 and 4022215 and approved by the City within twelve (12) months of the ordinance approving this rezoning. 2. The property will be developed in substantial conformity with the site plan prepared by Mattern & Craig, dated January 11, 1996. Attached as Exhibit C are the names, addresses and tax numbers of the owners of all lots or property immediately adjacent to, or immediately across a street or an alley, from the property sought to be rezoned. WHEREFORE, Petitioner requests that the above described land be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this 1st day of February, 1996. Habitat for Humanity in the Roanoke Valley, Inc. By Executive Director Amy C. Moore, Executive Director Habitat for Humanity in the Roanoke Valley, Inc. 541 Luck Avenue, Suite 310 Roanoke, Virginia 24016 (703)344-0747 Z ,,,0 n-0 EXHIBIT A EXHIBIT B I I Av*~ 'fo ADJOINING PROPERTY OWNER LIST Official Tax Number 4022211 4022212 4022216 4022217 4022223 4021927 4021928 4021929 4021930 Owner's Name and Address Baker Performance Chemicals, Inc. 9494 SW Freeway, Suite 412 Houston, Texas 77074 Baker Performance Chemicals, Inc. 9494 SW Freeway, Suite 412 Houston, Texas 77074 Joseph P. Vermillion P. O. Box 349004 - Atm. Tax Dept. Columbus, Ohio 43234 Joseph P. Vermillion P. O. Box 349004 - Atm. Tax Dept. Columbus, Ohio 43234 Baker Performance Chemicals, Inc. 9494 SW Freeway, Suite 412 Houston, Texas 77074 Dennis U. Austin, Jr. and J. B. Hughes 7035 Northway Drive, N. W. Roanoke, Virginia 24015 James R. Robinson 428 - Guaranty Savings & Loan P. O. Box 7206 - Tax Dept. Charlottesville, Virginia 22906 Kenneth G. & Shirley B. McLain P. O. Box 26388 - Attn. Tax Dept. Richmond, Virginia 23260 Paul David Ferguson, Jr. and Bonita F. Yeatts 434 Albemarle Avenue, S. E. Roanoke, Virginia 24013 EXHIBIT C TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE REZONTNG REQUEST'OF ' Habitat for Humanity, Official Tax Nos. 4222213, 4022214, 4222215, Albemarle Avenue, SE, from HM to RM-1, conditional COMMONWEALTH OF VIRGENIA ) ) TO-WIT: CITY OF ROANOKE ) The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.1-341, 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 January, 1996, notices ora public hearing to be held on the 7th day of February, 1996, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: Parcel Owner. Agent or Occupant Address 4022212 4022223 Baker Performance Chemicals, Inc. 9494 SW Freeway, Suite 412 Houston, Texas 77074 4022216 Joseph P. Vermillion 441 Albemarle Avenue, SE Roanoke, VA 24013 4021927 Dennis U. Austin, Jr. J. B. Hughes 7035 Northway Drive, NW Roanoke, VA 24019 4021928 James R. Robinson 422 Albemarle Avenue, SE Ronaoke, VA 24013 4021929 Kenneth and Shirley McLain 113 Sedgefield Lane Vinton, VA 24179 4021930 Paul David Ferguson, Jr. Bonita F. Yeatts 434 Albemarle Avenue, SE Roanoke, VA 24013 unnumbered Virginian Railway Company Room 250, Mun. Building 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 January, 1996.,. Notary Publ~-e MY C°mmi ssion Expires: ~ ,~f~ (,~,/,f .~f?7 MARY E 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: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk January 18, 1996 File #51 Carolyn Hayes-Coles, Chairperson City Planning Commission 1501 Cove Road, N. W. Roanoke, Virginia 24017 Dear Ms. Coles: 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 Habitat for Humanity in the Roanoke Valley, Inc., requesting that a tract of land, containing 0.48 acre, more or less, located on Albemarle Avenue, S. E, identified as Official Tax Nos. 4022213, 4022214 and 4022215, be rezoned from HM, Heavy Manufacturing District, to RM-1, Residential Multi-family, Low Density District, subject to certain conditions proffered by the petitioner. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm r/habitat Enc. Carolyn Hayes-Coles, Chairperson January 18, 1996 Page 2 pc; The Honorable Mayor and Members of the Roanoke City Council Amy C. Moore, Executive Director, Habitat for Humanity in the Roanoke Valley, Inc., 541 Luck Avenue, S. W., Suite 310, Roanoke, Virginia 24016 John R. Marlles, Agent, City Planning Commission Martha P. Franklin, Secretary, City Planning Commission Evelyn D. Dorsey, Zoning Administrator Ronald H. Miller, Building Commissioner Steven J. Talevi, Assistant City Attorney IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Rezoning of a tract of land lying in the City of Roanoke on Albemarle Avenue, S. E., designated Official Tax Numbers 4022213, 4022214 and 4022215 as shown on the attached site plan, Exhibit A dated January 11, 1996 prepared by Mattern and Craig, from Heavy Manufacturing, HM to Residential Single-Family District, RM-1, such rezoning to be subject to certain conditions. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, Habitat for Humanity in the Roanoke Valley, Inc., owns land in the City of Roanoke containing 0.48 acres, more or less, located on Albemarle Avenue, S. E., Tax Map Numbers 4022213, 4022214 and 4022215. Said tract is currently zoned HM. A map of the property to be rezoned is attached as Exhibit B. Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, Petitioner requests that the said property be rezoned from HM District to RM-1 District, subject to certain conditions set forth below, for the purpose of costmcting single family residences. The Petitioner believes that 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 convert, land that is currently fallow, to a productive use and it will make available reasonable priced residential lots to provide home ownership (desperately needed) to low income families. The Petitioner hereby proffers and agrees that, if this tract of land is rezoned as requested, that the rezoning will be subject to, and the Petitioner will abide by, the following conditions: 1. That a re-subdivision plat shall be prepared combining land on Albemarle Avenue, S. E., Tax Map Numbers 4022213, 4022214 and 4022215 and submitted to the City for review and approval within twelve (12) months of the ordinance approving this rezoning. 2. The property will be developed in substantial conformity with the site plan prepared by Mattern & Craig, dated January 11, 1996. Attached as Exhibit C are the names, addresses and tax numbers of the owners of all lots or property immediately adjacent to, or immediately across a street or an alley, from the property sought to be rezoned. WHEREFORE, Petitioner requests that the above described land be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this 1 lth day of January, 1996. Habitat for Humanity in the Roanoke Valley, Inc. Executive Director Amy C. Moore, Executive Director Habitat for Humanity in the Roanoke Valley, Inc. 541 Luck Avenue, Suite 310 Roanoke, Virginia 24016 (703)344-0747 Z(/) u JO n-n n-o (JI3_ EXHIBIT A EXHIBIT B /--. ¢,.. / , t t /~',1 t h.,,d ~ / /9'/'"" -- ' ~ _ . .../ ~, ~ ~ t.--J I~- '\ / z¢ ~. - , I / 1,.2,, , / /~,'~',~,, A I ben~c~ ~ le I I ,,/$ ADJOINING PROPERTY OWNER LIST Official Tax Number 4022211 4022212 4022216 4022217 4022223 4021927 4021928 4021929 4021930 Owner's Name and Address Baker Performance Chemicals, Inc. 9494 SW Freeway, Suite 412 Houston, Texas 77074 Baker Performance Chemicals, Inc. 9494 SW Freeway, Suite 412 Houston, Texas 77074 Joseph P. Vermillion P. O. Box 349004 - Atm. Tax Dept. Columbus, Ohio 43234 Joseph P. Vermillion P. O. Box 349004 - Attn. Tax Dept. Columbus, Ohio 43234 Baker Performance Chemicals, Inc. 9494 SW Freeway, Suite 412 Houston, Texas 77074 Dennis U. Austin, Jr. and J. B. Hughes 7035 Northway Drive, N. W. Roanoke, Virginia 24015 James R. Robinson 428 - Guaranty Savings & Loan P. O. Box 7206 - Tax Dept. Charlottesville, Virginia 22906 Kenneth G. & Shirley B. McLain P. O. Box 26388 - Atm. Tax Dept. Richmond, Virginia 23260 Paul David Ferguson, Jr. and Bonita F. Yeatts 434 Albemarle Avenue, S. E. Roanoke, Virginia 24013 EXHIBIT C ADJOINING PROPERTY OWNER LIST 4022211 4022212 4022216 4022217 4022223 4021927 4021928 4021929 Owner's Name and Address Baker Performance Chemicals, Inc. 9494 SW Freeway, Suite 412 Houston, Texas 77074 Baker Performance Chemicals, Inc. 9494 SW Freeway, Suite 412 Houston, Texas 77074 $oseph P. Vermillion P. O. Box 349004 - Attn. Tax Dept. Columbus, Ohio 43234 Joseph P. Vermillion P. O. Box 349004 - Attn. Tax Dept. Columbus, Ohio 43234 Baker Performance Chemicals, Inc. 9494 SW Freeway, Suite 412 Houston, Texas 77074 Dennis U. Austin, Jr. and J. B. Hughes 7035 Northway Drive, N. W. Roanoke, Virginia 24015 James R. Robinson 428 - Guaranty Savings & Loan P. O. Box 7206 - Tax Dept. Charlottesville, Virginia 22906 Kenneth G. & Shirley B. McLain P. O. Box 26388 - Attn. Tax Dept. Richmolld, Virginia 23260 Paul David Ferguson, Ir. and Bonita F. Yeatts 434 Albemarle Avenue, S. E. Roanoke, Virg'mia 24013 EXHIBIT C FOR HUMANITY IN THE ROANOKE VALLEY Jefferson Center 541 Luck Ave., Suite 310 Roanoke, VA 24016 (540) 344-0747 January 11, 1996 building houses in partnership with God's people in need Ms. Mary F. Parker, City Clerk City of Roanoke Office of the City Clerk 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011-1536 Dear Ms. Parker: Enclosed is the original and a copy of a Petition to Rezone which is being filed on behalf of Habitat for Humanity in the Roanoke Valley, Inc. A copy has also been submitted to the Planning Department. I have also enclosed a check for the amount of $110.00 to cover the filing fee. ~h.ou. ld yo~ have any questions or need additional information, please contact the taanltat OlIlCe. Sincerely, Amy C. Moore Executive Director Enclosures MARY E 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: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk April 3, 1996 File fk51 Edward A. Natt, Attorney Osterhoudt, Ferguson, Naif, Aheron and Agee, P. C. 1919 Electric Road, S. W. Roanoke, Virginia 24018 Dear Mr. Natt: I am enclosing copy of Ordinance No. 32867-040196 rezoning a certain 13.8-acre tract of land lying north of Griffin Road, adjacent to Franklin Road, S. W., and U. S. Route 220, identified as Official Tax No. 5480712, from RS-3, Residential Single-Family District, to C-2, General Commercial District, and RPUD, Residential Planned Unit Development District, subject to proffers contained in the Sixth Amended Petition filed in the City Clerk's Office on March 18, 1996, subject to any changes required by the City during site plan review. Ordinance No. 32867-040196 was adopted by the Council of the City of Roanoke on first reading on Monday, March 18, 1996, also adopted by the Council on second reading on Monday, April 1, 1996, and will be in full force and effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. Edward A. Naif, Attorney Osterhoudt, Ferguson, Naif, Aheron and Agee, P. C. April 3, 1996 Page 2 pc: Robert S. Freeman, Springwood Associates, 3214 Electric Road, S. W., Suite 200 Roanoke, Virginia 24018 Mr. and Mrs. William A. Sowers, P. O. Box 4038, Roanoke, Virginia 24018 Somerset Associates, c/o Mr. Jack Wingo, P. O. Box 8614, Roanoke, Virginia 24018 Mr. and Mrs. Thomas C. Webb, 4236 Roy Drive, S. W., Roanoke, Virginia 24013 Ms. Beulah M. Webb, 1797 Wades Gap Road, Calloway, Virginia 24067 Mr. and Mrs. Alvin Turner, 6211 Central Avenue, Capital Heights, Maryland 20743 Mr. and Mrs. Gwynn H. Board and Mr. and Mrs. James Peters, 6265 Fairway Forest Drive, S. W., Roanoke, Virginia 24018 Ms. Ann S. Stone, 3929 Three Chop Lane, S. W., Roanoke, Virginia 24014 Mr. and Mrs. Wayne J. Mattox, 3924 Three Chop Lane, S. W., Roanoke, Virginia 24014 Mr. William H. Franklin, 304 Coventry Lane, S. W., Roanoke, Virginia 24014 Mr. and Mrs. David D. Willis, 301 Coventry Lane, S. W., Roanoke, Virginia 24014 Mr. and Mrs. Robert W. Kime, 3712 Alton Road, S. W., Roanoke, Virginia 24014 Mr. and Mrs. Hunter J. Miller, 3706 Alton Road, S. W., Roanoke, Virginia 24014 Mr. and Mrs. Edward N. Link, 3702 Alton Road, S. W., Roanoke, Virginia 24014 Mr. and Mrs. Teodulo Remandaban, 3839 Bosworth Drive, S. W., Roanoke, Virginia 24014 Ms. Elizabeth C. Shackleford, 3841 Bosworth Drive, S. W., Roanoke, Virginia 24014 Eugene M. Elliott, Jr., Attorney, 213 S. Jefferson Street, Suite 910, Roanoke, Virginia 24011 Mr. Clifton C. Shepherd, 3820 Bosworth Drive, S. W., Roanoke, Virginia 24014 Ms. Marilyn R. Donato, 3707 Alton Road, S. W., Roanoke, Virginia 24014 Mr. Talmadge A. Vinyard, 4024 Griffin Road, S. W., Roanoke, Virginia 24014 John R. Marlles, Agent, City Planning Commission Martha P. Franklin, Secretary, City Planning Commission IN THE COUNCIL OF THE CITY OF ROANOKE, The 1st day of April, 1996. No. 32867-040196. VIRGINIA, AN ORDINANCE to amend ~36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 548, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. WHEREAS, Springwood Associates, has made application to the Council of the City of Roanoke to have the hereinafter described property rezoned from RS-3, Single Family Residential District, to C-2, General Commercial District and RPUD, Residential Planned Unit Development, 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 March 18, 1996, 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, a public meeting on this matter was held on April 1, 1996; 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. 548 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: That certain 13.8-acre parcel of land lying on the north end of Griffin Road, adjacent to the east side of Franklin Road, S.W., U.S. Route 220, and designated on Sheet No. 548 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 5480712, be, and is hereby rezoned from RS-3, Single Family Residential District, to C-2 General Commercial District and RPUD, Residential Planned Unit Development, subject to the proffers contained in the Sixth Amended Petition filed in the Office of the City Clerk on March 18, 1996, subject to any changes required by the City during site plan review, and that Sheet No. 548 of the Zone Map be changed in this respect. ATTEST: City Clerk. Roanoke City Planning Commission March 18, 1996 Honorable Mayor David A. Bowers and Members of City Council Roanoke, Virginia Dear Members of City Council: Su~e~: Request from Springwood Associates that a tract of land lying north of Griffin Road, adjacent to Franklin Road and U.S. Route 220, containing approximately 13.8 acres and identified as Official Tax Number 5480712, be rezoned from RS-3, Single Family Residential District, to C-2, General Commercial District and RPUD, Residential Planned Unit Development District, such rezoning to be subject to certain conditions. I. Back,qround: Purpose of rezoning request is to develop the property for a planned residential development with a commercial center adjacent to Route 220. Applicant is requesting RPUD zoning as well as C-2 zoning because the subject property is less than 15 acres in size (the minimum area for a RPUD district that allows a combination of residential and commercial is 15 acres). The project includes the following development: 1. 21 single family, detached residences. 36 single family, attached condominiums in three, three-story buildings of 12 units each. One, one-story general commercial retail building of 12,000 sf and one, one-story general commercial building of 20,990 sf with a 3,800 sf mezzanine. B. Original petition to rezone was filed on November 15, 1995 Plannin,q Commission public hearinq was initially scheduled for 12/6/95, but was deferred until 1/3/96 to allow time to meet with neighborhood residents and City staff. At the hearing on 1/3/96, adjoining property owners expressed concern for various commercial uses adjacent to residential properties, increased traffic congestion at the intersection of the Frontage Road and Route 220, and requested a commitment for construction of the residential Room162 MunicipalBuilding 215ChurchAvenue, S.W. Roanoke, Virginia24011 (703)981-2344 Members of City Council Page 2 component of the project. There was considerable discussion of proposed proffered conditions to address these issues. The Planning Commission continued the matter until its February meeting to allow further discussions between residents, city staff, and the developers for the project. Second Plannina Commission public hearina was held on 2/7/96. The attorney for the petitioner requested that the matter be postponed until the next meeting in order to provide further information regarding traffic issues relating to the proposed development. Four amended oetitions to rezone have been filed since December, 1995. Proffered conditions have related to site development, uses, and landscape buffering. Third Plannin.q Commission public hearinq was held on 3/6/96. At the meeting, Mr. Ed Natt, Attorney for the petitioners, appeared before the Commission and discussed the proposed development, neighborhood issues, and the proffered conditions of the rezoning. Additional proffers were made at the meeting. City Planning staff discussed the request and recommended approval of the rezoning. Seven letters in support of the rezoning request was submitted by Mr. Natt. A letter was received from Karen W. Terry, a resident of Southern Hills, who expressed concern for traffic flow at Route 220 and within the neighborhood. Mr. Eugene Elliott, Attorney representing approximately 20 residents of the area, appeared before the Commission in opposition to the rezoning request and advised that residents were concerned with the commercial development proposed, its effect on traffic at the intersection of Frontage Road and Route 220, the design quality of the residential portion of the project, and the anticipated future development of other properties owned by the petitioners, in particular, the possibility of a future street connecting additional residential development to the Edgehill neighborhood. Mr. Wayne Maddox, 3924 Three Chop Lane, spoke in opposition to the rezoning, especially with regard to the commercial development adjacent to his home and the possibility of a restaurant on the property. Mr. Cliff Shepherd, 3829 Bosworth Drive, advised that he shared some of the concerns expressed and was especially concerned about the traffic at Frontage Road and Route 220 and the possibility of a connection road into the Edgehill Subdivision. Ms. Marilyn Donato, address not given, stated that her concern was the quality of development to be built. Mr. Talmadge Vinyard, 4024 Griffin Road, discussed the traffic problems at Frontage Road and Route 220 and expressed concern with the steady increase in traffic. Ms. Gayle Davis, no address given, advised that no law said a piece of land had to be developed. Mrs. Michelle Brugh, a resident of Edgehill asked about the possibility of a future road connection and the applicability of a proffered condition to that issue. Members of City Council Page 3 After considerable discussion of proffered conditions and issues and the addition of proffers by the petitioner, the Plannin(~ Commission voted 5-0 (Mrs. Coles and Mr. Hill absent) to approve the request for rezoning. Fifth amended petition to rezone was filed on 3/6/96 following the Planning ~. Proffered conditions of the rezoning are (most recent changes are in italics): The property will be developed in substantial conformity with the site plan prepared by Balzer & Associates dated November 15, 1995, revised December 20, 1995, February 29, 1996, and March 5, 1996 a copy of which is attached to the Petition for Rezoning as Exhibit B, subject to any changes required during development plan review. A minimum of two (2) rows of Leland Cypress trees, a minimum of 6 feet in height on ten (10) foot staggered centers, will be planted prior to receiving a Certificate of Occupancy and thereafter maintained in the buffer zone in the side yard on the northerly side of the property; said buffer to extend from the western end of the proposed commercial building located on the north side of the road to a point at the easterly line of the property of William H. Franklin (Tax Map No. 1170807). The first row will be planted at the time of commencement of construction of the project. Leland Cypress trees (6 ft. tall, 10 ft. on center)will be planted prior to receiving a Certificate of Occupancy and thereafter maintained along the northerly and easterly side of the parking lot located to the east of the proposed commercial building located on the northerly side of the private road. 4. The following uses shall be the only permitted uses in he C-2 District: (A) Non-Profit Counseling Facilities and Services (B) Trade, Business and Art Schools of a Nonindustrial Nature (C) Churches, Synagogues and other places of worship (D) Library, Museums, Art Galleries and other similar uses including associated educational and instructional activities. (E) Community Centers (F) Post Office Members of City Council Page 4 (G) Indoor recreational uses including bowling alleys, indoor tennis courts, fitness centers and other similar uses (H) Theaters with unlimited seating capacity (I) General and professional offices including financial institutions (J) Medical clinics (K) Medical offices (L) Funeral Homes (M) General service establishments primarily engaged in the repair or maintenance of goods or items except automobiles, trucks or construction equipment, and including the provision of business and personal services and other similar uses. General retail establishments primarily engaged in the retail sale or rental of merchandise, goods, or products except automobiles, trucks, or Construction equipment; and including the incidental repair and assembly of merchandise, goods or products to be sold on the premises. (0) Auto accessory sales without related installation on premises. (P) Restaurant with a gross floor area of 2,000 square feet or less; provided that any restaurant shall be located within the commercial buildings shown on the site plan. (Q) Food stores not greater than 5, 000 square feet in gross floor area. That the uses permitted in the RPUD District shall be limited to the following: (A) Single Family Detached Dwellings (B) Multi-Family Dwellings (C) Parks and Playgrounds The condominium units and the single family residences constructed in the RPUD District shall have a minimum of 1, 600 square feet of liveable floor space above ground and shall further average at least 1,800 square feet of living area per unit above ground, not including porches or garages. Each of the structures constructed as a condominium building shall contain an enclosed parking garage and elevator within the building. Members of City Council Page 5 The water lines, storm water facilities, sewer lines and streets constructed on the property shall be constructed to a minimum of 550 feet from the west property line during Phase I of construction and completed prior to issuance of a building permit for Phase II of commercial construction. Prior to the issuance of a building permit for the commercial building in Phase II, a building permit shall be issued for residential construction in the RPUD shown on the site plan dated November 15 and revised December 20, February 29, 1996, and March 5, 1996. This shall not preclude the issuance of a land disturbing and street opening permits for the commercial site and related work, including installation of utilities and curb and gutter on the north side of the private road prior to commencement of the RPUD construction. No dumpsters shall be located in any buffer zone identified on the proffered site plan. 10. The roads within the proposed 13.831 acres development will not be extended to connect to any street or road now, or at any time in the future, to provide access to any lot or parcel identified as part of the Edgehill Corporation (Plat Book 1, page 340) and Edgehill Estates, Sections 1, 2, 3 and 4 (Plat Book 3, page 212, Plat Book 3, page 265, Plat Book 5, page 14, Plat Book 5, page 11, respectively) Subdivisions. 11. That all residences shall have frame construction with either 50% brick or drivit exteriors and the balance to be brick, drivit and/or wood or wood or vinyl siding with all exteriors being constructed with ali such materials extending to grade. 12. The HVAC units for the commercial buildings wi//not be located on the roofs of commercial buildings in Phase I or Phase II. Meetinqs have been held to discuss the development plan. There have been meetings among residents and also between the developer and residents both as a group and with individual property owners. Over the past three months, staff also has worked with both the petitioner's attorney and the attorney for several residents, Mr. Eugene Elliott, regarding several issues of concern to residents. Generally, resident's issues include, among others: The extent of commercial development along the Frontage Road, including the types of commercial uses that will be permitted and the proximity to and effect upon existing residential properties. Members of City Council Page 6 The effect of the prooosed develooment on traffic, at the intersection of Frontage Road and Route 220, and the potential for a future road connection through the Edgehill neighborhood. The construction ohasino of the commercial component of the proiect and the develooer's commitment to actual construction of the residential component of the project. The desian of the residential buildings, especially with regard to exterior building materials and their compatibility with the existing residential development in the Edgehill neighborhood. II. Issues.: A. RPUD district is intended to encourage orderly development of large residential sites and to encourage innovative development patterns. B. Zoning of the property is RS-,3. Adjacent property is zoned RS-1 to the north, C-2 to the west, along Route 220, and RS-3 to the south and east. Land use of the property is vacant. Property is a mixture of wooded and open land with gradual to steep slopes. Residential houses border the perimeter of the 13.8 acre tract, east of Route 220. The Ore Branch drainage channel for Route 220 and Branch Highways office are located at the front of the property. Other commercial developments are located along the Frontage Road. Various uses are proffered for the C-2 district. Green space and buffering of adjacent single family residential arc~ is a concem of residents, especially near the proposed commercial development. Petitioners have provided a 35-foot buffer zone, 10-feet of landscape screening (required by city code) and an additional 15-feet of side yard, between the proposed commercial buildings and adjacent residential property lines. A minimum, 30-foot buffer is proposed along the perimeter of the residential development along with additional Green space and yards. Proffered conditions also address landscape screening adjacent to residential properties. Access to the proposed development would be from a sin(31e orivate street that would intersect with the Frontage Road which accesses Route 220 and Franklin Road. The City Traffic Engineer, VDOT, and the petitioner's traffic consultant reviewed the proposed development, the traffic estimated to be generated by the commercial uses, existing peak hour traffic delay statistics, and the effect of anticipated traffic on the intersection of Frontage Road at Route 220. The intersection is currently functioninq at an acceptable level of service,. Although vehicles may presently experience traffic delays at Frontage Road for left turn movements onto Route 220 during peak hours, the Members of City Council Page 7 intersection is currently operating at an average delay of 18.5 seconds during evening peak hour traffic. The proposed residential development is shown on the proffered Dian as terminatin0 at the end of the property. If the street is extended beyond the property at some future date, the conditions of the rezoning would have to be changed and a new plan of development considered. In addition, should additional residential tracts be developed in the Southern Hills area. appropriate and safe access must be addressed by thn developer, the city. and VDOT as part of the City's subdivision and comprehensivn development plan review proces,. Based upon preliminary review of the area, there appears to be workable alternatives, which could include improvements to existing roads, that would adequately serve additional residential development in the Southern Hills neighborhood. Storm water manaaement will occur on-site in accordance with City requirements. There is no development proposed in the flood plain. The drainage channel for Ore Branch is adjacent to the property, parallel to Route 220. G. Water service to subject property may be difficult to provide due to the change in topography. Two systems may be required. Neiqhborhood oraanization for this area is Neiqhbors in South Roanoke; residents of Ed~ehill are active in discussina this rezoning request and are discussinq formin.q an omanization. Mr. Eugene Elliott, Attorney, represents approximately 20 residents of the Edgehill neighborhood. Their general concerns have been summarized in the preceding background section. I. ~ recommends: New housing and housinQ types should be encouraged to respond to current needs and trends including changing family structures, household composition and economic conditions. New housing development should be carefully designed to relate well to the existing neighborhood character. A variety of housin.q choices in existina neiohborhoods should be encoura.qed through a balance of preservation, rehabilitation and new development. New residential development on vacant land should be encouraqed in order to expand Roanoke's population base and response to the demand for a diversity of housing choices. 4. The development of neiqhborhood shoppino centers should be encouraged. Development of new commercial areas in the city should be carefully planned and designed to promote quality development and .qood land use Members of City Council Page 8 III. Alternatives: A. Cit Council a rove the rezoning request. RPUD provides an opportunity for zero lot line development of single family residences in conjunction with condominiums and a commercial service area. Zoning is chanqed to RPUD and ¢-2 with conditions which specify the development of the property. Land use will be residential and commercial. Commercial uses have been specified and development plan proffered. The proposed development will be required to be reviewed and approved by the Planning Commission as part of Comprehensive Development Plan review (it exceeds two acres and abuts a single-family residential zoning). 4. Green space and bufferinq will be provided as per the proffered plan. Traffic and access are not expected to adversely affect the Frontaqe Road/Route 220 intersection. Based upon the technical information gathered on anticipated traffic volumes and access patterns, it is expected that with the addition of new trips generated by the proposed development, an acceptable level of service will continue at the intersection of Frontage Road and Route 220. Storm water can be adequately managed on site or in conjunction with City storm drain facilities adjacent to the site. 7. Water service will have to be studied further. 8. Neighborhood issues are still under discussion. Comprehensive Plan followed Project can provide quality new housing and commercial development. B. ~ the rezoning request. 1. RPUD not an issue. 2. Zoning remains RS-3. 3. Land use unchanged. Property can still be developed for residential purposes. 4. Green space and buffering is not an issue with respect to this development. 5. Access for any development could still be an issue. Members of City Council Page 9 6. Storm water manaqement for any development would still be an issue. 7. Water service for any development would still be an issue. ~ not affected at this time. Development could still affect neighborhood at a later date. Comprehensive Plan still could be followed. Residential development could still occur on the property. IV. Recommendation: By a vote of 5-0 (Mrs. Coles and Mr. Hill absent) the Plannino Commission voted to recommend approval of the rezoninq request. The project will provide a diversity of new housing within the City in addition to commercial services to residents of the RPUD and the surrounding neighborhood. It is reasonable and desirable that the property be developed in a mixed-used manner to encourage quality development along Route 220 and the adjacent neighborhoods. The proposed commercial and residential develooment will be provided as per the proffered site development plan and the conditions of the rezoning. Both the development plan and the conditions proffered by the petitioners address issues regarding the manner in which the property is developed, the type of commercial development, buffering of adjacent residential properties, access (resident concern for Edgehill connection), construction phasing of the residential and commercial components, and general design of the residential buildings. With respect to traffic, it is expected that the projected increases in traffic volumes for this development can b~. adec~uatelv accommodated' no adverse impact is anticipated on the level of service for the intersection at Frontage Road and Route 220. The proposed proiect has been under public discussion since early December, 1995. There has been substantial dialogue over the past months between Planning staff, attorneys, the petitioners, and residents. Every effort has been made on the part of the City Planning Commission and staff to understand concerns and encourage responsiveness on the part of both the petitioners and residents of the affected neighborhoods. Respectfully submitted, Carolyn H. Coles, Chairman Roanoke City Planning Commission Members of City Council Page 10 CHC:JRM:ESL attachments cc: City Attorney City Engineer Building Commissioner Petitioner WILBURN C. OlBLING, JR. CITY ATTORNEY CITY OF ROANOKE OFFICE OF CITY ATTORNEY 464 MUNICIPAL BUILDING 215,CHURCH AVENUE, SW ROANOKE, VIRGINIA b4011-1595 TELEPHONE; 540-981.2431 TELECOPlER: 540-224-3071 March 19, 1996 WILLIAM X PARSONS STEVEN J. TALEVI GLADYS L. YATES GARY E. TEGENKAMP ASSISTANT CITY ATTORNEYS Edward A. Natt, Esquire Osterhoudt, Ferguson, Natt, 1919 Electric Road, S. W. P. O. 20068 Roanoke, Virginia 24018 Aheron & Agee Re: Springwood Associates rezoninq Dear Ed: As agreed, in the above-referenced matter, please file with Mary F. Parker, City Clerk, your Sixth Amended Petition to Rezone including the new language you proffered to City Council last night. Please date the Sixth Amended Petition as March 18, 1996, and provide a copy for Gene Elliott and myself. This Office will prepare an amended ordinance incorporating by reference the Sixth Amended Petition to Rezone. We will forward to you and Gene Elliott a copy of our amended ordinance which will be considered by City Council at its meeting of April 1, 1996. With kindest personal regards, I am Wilburn C. Dibling, City Attorney Jr. WCD:f cc: E/~ene M. Elliott, Jr., Esquire w/Mary F. Parker, City Clerk John R. Marlles, Chief, Community Planning Steven J. Talev±, Assistant City Attorney MARY E PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 240l 1-1536 Telephone: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk March 20, 1996 File #51 Carolyn H. Coles, Chairperson City Planning Commission 1501 Cove Road, N. W. Roanoke, Virginia 24017 Dear Ms. Coles: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a sixth amended petition from Edward A. Natt, Attorney, representing Springwood Associates, requesting that a certain 13.8-acre tract of land lying north of Griffin Road, adjacent to Franklin Road, S. W., and U. S. Route 220, identified as Official Tax No. 5480712, be rezoned from RS-3, Residential Single-Family District, to C-2, General Commercial District, and RPUD, Residential Planned Unit Development District, subject to certain conditions proffered by the petitioner. Sincerely, 9./?,---- Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. Carolyn H. Coles, Chairperson City Planning Commission March 20, 1996 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council Edward A. Natt, Attorney, Osterhoudt, Ferguson, Natt, Aheron & Agee, P. O. Box 20068, Roanoke, Virginia 24018-0007 Robert S. Freeman, Springwood Associates, 3214 Electric Road, S. W., Suite 200, Roanoke, Virginia 24018 John R. Marlles, Agent, City Planning Commission Martha P. Franklin, Secretary, City Planning Commission Evelyn D. Dorsey, Zoning Administrator Ronald H. Miller, Building Commissioner Steven J. Talevi, Assistant City Attorney SIXTH AMENDED PETITION TO REZONE IN THE COUNCIL OF THE CITY OF ROANOKE. VIRGINIA IN RE: Rezoning of a tract of land lying on the north end of Griffin Road, adjacent to the east side of Franklin Road, S.W., U.S. Route 220, in the City of Roanoke containing a total of 13.831 acres, more or less, identified as tax map parcel 5480712, according to the tax maps of the City of Roanoke from Zoning District RS-3, Residential Single-Family District, to Zoning District C-2, General Commercial District, and Zoning District RPUD, Residential Planned Unit Development 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, Springwood Associates, owns land in the City of Roanoke containing 13.831 acres, more or less, located on the north end of Griffin Road, known as official tax map no. 5480712. Said parcel is currently zoned RS-3, Residential Single-Family District. A map 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 Petitioners request that 3.0 acres, more or less, of the said property be rezoned from RS-3, Residential Single-Family District, to C-2, General Commercial District and the remaining 10.17 acres, more or less, be rezoned from RS-3, Residential Single-Family District to RPUD, Residential Planned Unit Development, subject to certain conditions set forth below. 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 allow the sensitive development of a parcel of land in a manner consistent with adjoining properties in the area and consistent with the future development of the area. Development of the RPUD portion will allow the preservation of greenspace and development of roadways sensitive to existing topography. Development of the C-2 portion will continue the existing commercial development along U. S. Route 220. 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. The property will be developed in substantial conformity with the site plan prepared by Balzer & Associates dated November 15, 1995, revised December 20, 1995, February 29, 1996 and March 5, 1996 a copy of which is attached to the Petition for Rezoning as Exhibit B, subject to any changes required during development plan review. 2. A minimum of two (2) rows of Leland Cypress trees, a minimum of 6 feet in height on ten (10) foot staggered centers, will be planted prior to receiving a Certificate of Occupancy and thereafter maintained in the side yard area on the northerly side of the property; said buffer to extend from the western end of the proposed commercial building located on the north side of the road to a point at the easterly line of the property of William H. Franklin (Tax Map No. 1170807). The first row will be planted at the time of commencement of construction of the project. 3. Leland Cypress trees (6 ft. tall, 10 ft. on center) will be planted prior to receiving a Certificate of Occupancy and thereafter maintained along the northerly and easterly side of. the parking lot located to the east of the proposed commercial building located on the northerly side of the private road. 4. The following uses shall be the only permitted uses in the C-2 District: (A) Non-Profit Counseling Facilities and Services (B) Trade, Business and Art Schools of a Non- Industrial Nature (C) Churches, Synagogues and other places of worship (D) Library, Museums, Art Galleries and other similar uses including associated educational and instructional activities. (E) Community Centers (F) Post Office (G) Indoor recreational uses including bowling alleys, indoor tennis courts, fitness centers and other similar uses (H) Theaters with unlimited seating capacity (I) General and professional offices financial institutions including (J) Medical clinics 2 (K) Medical offices (L) Funeral Homes (M) General service establishments primarily engaged in the repair or maintenance of goods or items except automobiles, trucks or construction equipment, and including the provision of business and personal services and other similar uses. (N) (o) General retail establishments primarily engaged in the retail sale or rental of merchandise, goods, or products except automobiles, trucks, or construction equipment; and including the incidental repair and assembly of merchandise, goods or products to be sold on the premises. Auto accessory sales without related installation on premises. (P) Restaurant with a gross floor area of 2,000 square feet or less; provided that any restaurant shall be located within the commercial buildings shown on the site plan. Any restaurant shall include state of the art odor abatement equipment. (Q) Food stores not greater than 5,000 square feet in gross floor area. 5. That the uses permitted in the RPUD District shall be limited to the following: (A) Single Family Detached Dwellings (B) Multi-Family Dwellings (C) Parks and Playgrounds 6. The condominium units and the single family residences constructed in the RPUD District shall have a minimum of 1,600 square feet of liveable floor space above ground and shall further average at least 1,800 square feet of living area per unit above ground, not including porches or garages. Each of the structures constructed as a condominium building shall contain an enclosed parking garage and elevator within the building. 7. The water lines, storm water facilities, sewer lines and street serving the development shall be constructed and extend a minimum of 550 feet from the west property line during Phase I of construction and completed prior to issuance of a building permit for Phase II of the commercial construction. 3 8. Prior to the issuance of a building permit for the commercial building in Phase II, a building permit shall be issued for residential construction in the RPUD shown on the site plan dated November 15 and revised December 20, 1995, February 29, 1996 and March 5, 1996. This shall not preclude the issuance of a land disturbing and street opening permits for site and related work for the Phase II commercial development, including installation of utilities and curb and gutter on the north side of the private road prior to commencement of the RPUD construction. 9. No dumpsters shall be located in any buffer zone identified on the proffered site plan. 10. The roads within the proposed 13.831 acres development will not be extended to connect to any street or road now, or at any time in the future, to provide access to any lot or parcel identified as part of the Edgehill Corporation (Plat Book 1, page 340) and Edgehill Estates, Sections 1, 2, 3 and 4 (Plat Book 3, page 212, Plat Book 3, page 265, Plat Book 5, page 14, Plat Book 5, page 11, respectively) Subdivisions. 11. That all residences shall have frame construction with either 50% brick or drivit exteriors and the balance to be brick, drivit and/or wood or wood or vinyl siding with all exteriors being constructed with all such materials extending to grade. 12. The HVAC units for the commercial buildings will not be located on the roofs of commercial buildings in Phase I or Phase II. Attached as Exhibit C are the names, addresses and tax numbers of the owner or owners of all lots or property immediately adjacent to or immediately across a street or road from the property to be rezoned. WHEREFORE, the Petitioner requests that the above-described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this IR day of J~.~ , 1996. Respectfully Submitted, S~r~gwood Associates Z: \wp50\a t eph \spt i rig6. Amd: sse03/19/96 Carolyn H. Coles, Chairperson City Planning Commission March 20, 1996 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council Edward A. Natt, Attorney, Osterhoudt, Ferguson, Natt, Aheron 8, Agee, P. O. Box 20068, Roanoke, Virginia 24018-0007 Robert S. Freeman, Springwood Associates, 3214 Electric Road, S. W., Suite 200, Roanoke, Virginia 24018 John R. Marlles, Agent, City Planning Commission Martha P. Franklin, Secretary, City Planning Commission Evelyn D. Dorsey, Zoning Administrator Ronald H. Miller, Building Commissioner Steven J. Talevi, Assistant City Attorney MARY E 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: (540) 981-254! lax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk March 8, 1996 File #51 Carolyn H. Coles, Chairperson City Planning Commission 1501 Cove Road, N. W. Roanoke, Virginia 24017 Dear Ms. Coles: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a f'~h amended petition from Edward A. Natt, Attorney, representing Springwood Associates requesting that a certain 13.8-acre tract of land lying at the north end of Griffin Road, adjacent to the east side of Franklin Road, S. W., U. S. Route 220, Official Tax No. 5480712, be rezoned from RS-3, Residential Single-Family District, to C-2, General Commercial District, and RPUD, Residential Planned Unit Development District, subject to certain conditions proffered by the petitioner. Sincerely, Mary F, Parker, CMCIAAE City Clerk MFP:sm Eric. FIFTH AMENDED PETITION TO REZONE IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Rezoning of a tract of land lying on the north end of Griffin Road, adjacent to the east side of Franklin Road, S.W., U.S. Route 220, in the City of Roanoke containing a total of 13.831 acres, more or less, identified as tax map parcel 5480712, according to the tax maps of the City of Roanoke from Zoning District RS-3, Residential Single-Family District, to Zoning District C-2, General Commercial District, and Zoning District RPUD, Residential Planned Unit Development District, such rezoning to be subject to certain conditions. TO THE HONORABLE MAYORAND MEMBERS OF THE COUNCIL OF THE CITY O~ ROANOKE: The Petitioner, Springwood Associates, owns land in the City of Roanoke containing 13.831 acres, more or less, located on the north end of Griffin Road, known as official tax map no. 5480712. Said parcel is currently zoned RS-3, Residential Single-Family District. A map 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 Petitioners request that 3.0 acres, more or less, of the said property be rezoned from RS-3, Residential Single-Family District, to C-2, General Commercial District and the remaining 10.17 acres, more or less, be rezoned from RS-3, Residential Single-Family District to RPUD, Residential Planned Unit Development, subject to certain conditions set forth below. 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 allow the sensitive development of a parcel of land in a manner consistent with adjoining properties in the area and consistent with the future development of the area. Development of the RPUD portion will allow the preservation of greenspace and development of roadways sensitive to existing topography. Development of the C-2 portion will continue the existing commercial development along U. S. Route 220. 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. The property will be developed in substantial OSTERHDUST* FERGUSGN, NATT, AHERON & AGEE ATTSRNEYS-AT-LAW RDANDEE, ViRGINIA conformity with the site plan prepared by Balzer & Associates dated November 15, 1995, revised December 20, 1995, February 29, 1996 and March 5, 1996 a copy of which is attached to the Petition for Rezoning as Exhibit B, subject to any changes required during development plan review. 2. A minimum of two (2) rows of Leland Cypress trees, a minimum of 6 feet in height on ten (10) foot staggered centers, will be planted prior to receiving a Certificate of Occupancy and thereafter maintained in the side yard area on the northerly side of the property; said buffer to extend from the western end of the proposed commercial building located on the north side of the road to a point at the easterly line of the property of William H. Franklin (Tax Map No. 1170807). The first row will be planted at the time of commencement of construction of the project. 3. Leland Cypress trees (6 ft. tall, 10 ft. on center) will be planted prior to receiving a Certificate of Occupancy and thereafter maintained along the northerly and easterly side of the parking lot located to the east of the proposed commercial building located on the northerly side of the private road. 4. The following uses shall be the only permitted uses in the C-2 District: (A) Non-Profit Counseling Facilities and Services (B) Trade, Business and Art Schools of a Non- Industrial Nature (C) Churches, Synagogues and other places of worship (D) Library, Museums, Art Galleries and other similar uses including associated educational and instructional activities. (E) Community Centers (F) Post Office (G) Indoor recreational uses including bowling alleys, indoor tennis courts, fitness centers and other similar uses (H) Theaters with unlimited seating capacity (I) General and professional offices includinq financial institutions (J) Medical clinics 2 (K) Medical offices (L) Funeral Homes (M) General service establishments primarily engaged in the repair or maintenance of goods or items except automobiles, trucks or construction equipment, and including the provision of business and personal services and other similar uses. (N) General retail establishments primarily engaged in the retail sale or rental of merchandise, goods, or products except automobiles, trucks, or construction equipment; and including the incidental repair and assembly of merchandise, goods or products to be sold on the premises. (0) Auto accessory sales without related installation on premises. (P) Restaurant with a gross floor area of 2,000 square feet or less; provided that any restaurant shall be located within the commercial buildings shown on the site plan. (Q) Food stores not greater than 5,000 square feet in gross floor area. 5. That the uses permitted in the RPUD District shall be limited to the following: (A) Single Family Detached Dwellings (B) Multi-Family Dwellings (C) Parks and Playgrounds 6. The condominium units and the single family residences constructed in the RPUD District shall have a minimum of 1,600 square feet of liveable floor space above ground and shall further average at least 1,800 square feet of living area per unit above ground, not including porches or garages. Each of the structures constructed as a condominium building shall contain an enclosed parking garage and elevator within the building. 7. The water lines, storm water facilities, sewer lines and street serving the development shall be constructed and extend a minimum of 550 feet from the west property line during Phase I of construction and completed prior to issuance of a building permit for Phase II of the commercial construction. 8. Prior to the issuance of a building permit for the commercial building in Phase II, a building permit shall be issued for residential construction in the RPUD shown on the site plan dated November 15 and revised December 20, 1995, February 29, 1996 and March 5, 1996. This shall not preclude the issuance of a land disturbing and street opening permits for site and related work for the Phase II commercial development, including installation of utilities and curb and gutter on the north side of the private road prior to commencement of the RPUD construction. 9. No dumpsters shall be located in any buffer zone identified on the proffered site plan. 10. The roads within the proposed 13.831 acres development will not be extended to connect to any street or road now, or at any time in the future, to provide access to any lot or parcel identified as part of the Edgehill Corporation (Plat Book 1, page 340) and Edgehill Estates, Sections 1, 2, 3 and 4 (Plat Book 3, page 212, Plat Book 3, page 265, Plat Book 5, page 14, Plat Book 5, page 11, respectively) Subdivisions. 11. That all residences shall have frame construction with either 50% brick or drivit exteriors and the balance to be brick, drivit and/or wood or wood or vinyl siding with all exteriors being constructed with all such materials extending to grade. 12. The HVAC units for the commercial buildings will not be located on the roofs of commercial buildings in Phase I or Phase II. Attached as Exhibit C are the names, addresses and tax numbers of the owner or owners of all lots or property immediately adjacent to or immediately across a street or road from the property to be rezoned. WHEREFORE, the Petitioner requests that the above-described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this ~ day of 1996. S~ngwood Associates z: \~pSO\st eph \spt i ngwoo. Amd: sse03/07/96 Respectfully Submitted, 4 x, DRAWN BY 121~B, DESIGNED BY FL/VI CHECKED BY F'L h,1 DATE: NOIIEMSL~FZI~ f99~ REVISIONS SCALE ,A~'~ NOT~ SHEET NO JOB NO. FIFTH AMENDED PETITION TO REZONE IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Rezoning of a tract of land lying on the north end of Griffin Road, adjacent to the east side of Franklin Road, S.W., U.S. Route 220, in the City of Roanoke containing a total of 13.831 acres, more or less, identified as tax map parcel 5480712, according to the tax maps of the City of Roanoke from Zoning District RS-3, Residential Single-Family District, to Zoning District C-2, General Commercial District, and Zoning District RPUD, Residential Planned Unit Development 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, Springwood Associates, owns land in the City of Roanoke containing 13.831 acres, more or less, located on the north end of Griffin Road, known as official tax map no. 5480712. Said parcel is currently zoned RS-3, Residential Single-Family District. A map 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 Petitioners request that 3.0 acres, more or less, of the said property be rezoned from RS-3, Residential Single-Family District, to C-2, General Commercial District and the remaining 10.17 acres, more or less, be rezoned from RS-3, Residential Single-Family District to RPUD, Residential Planned Unit Development, subject to certain conditioas set forth below. 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 allow the sensitive development of a parcel of land in a manner consistent with adjoining properties in the area and consistent with the future development of the area. Development of the RPUD portion will allow the preservation of greenspace and development of roadways sensitive to existing topography. Development of the C-2 portion will continue the existing commercial development along U. S. Route 220. 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. The property will be developed in substantial conformity with the site plan prepared by Balzer & Associates dated November 15, 1995, revised December 20, 1995, February 29, 1996 and March 5, 1996 a copy of which is attached to the Petition for Rezoning as Exhibit B, subject to any changes required during development plan review. 2. A minimum of two (2) rows of Leland Cypress trees, a minimum of 6 feet in height on ten (10) foot staggered centers, will be planted prior to receiving a Certificate of Occupancy and thereafter maintained in the side yard area on the northerly side of the property; said buffer to extend from the western end of the proposed commercial building located on the north side of the road to a point at the easterly line of the property of William H. Franklin (Tax Map No. 1170807). The first row will be planted at the time of commencement of construction of the project. 3. Leland Cypress trees (6 ft. tall, 10 ft. on center) will be planted prior to receiving a Certificate of Occupancy and thereafter maintained along the northerly and easterly sid~ of the parking lot located to the east of the proposed commercial building located on the northerly side of the private road. 4. The following uses shall be the only permitted uses in the C-2 District: (A) Non-Profit Counseling Facilities and Services (B) Trade, Business and Art Schools of a Non- Industrial Nature (C) Churches, Synagogues and other places of worship (D) Library, Museums, Art Galleries and other similar uses including associated educational and instructional activities. (E) Community Centers (F) Post Office (G) Indoor recreational uses including bowling alleys, indoor tennis courts, fitness centers and other similar uses (H) Theaters with unlimited seating capacity (I) General and professional financial institutions offices including (J) Medical clinics 2 (K) Medical offices (L) Funeral Homes (M) General service establishments primarily engaged in the repair or maintenance of goods or items except automobiles, trucks or construction equipment, and including the provision of business and personal services and other similar uses. (N) General retail establishments primarily engaged in the retail sale or rental of merchandise, goods, or products except automobiles, trucks, or construction equipment; and including the incidental repair and assembly of merchandise, goods or products to be sold on the premises. (O) Auto accessory sales without related installation on premises. (P) Restaurant with a gross floor area of 2,000 square feet or less; provided that any restaurant shall be located within the commercial buildings shown on the site plan. (Q) Food stores not greater than 5,000 square feet in gross floor area. 5. That the uses permitted in the RPUD District shall be limited to the following: (A) Single Family Detached Dwellings (B) Multi-Family Dwellings (C) Parks and Playgrounds 6. The condominium units and the single family residences constructed in the RPUD District shall have a minimum of 1,600 square feet of liveable floor space above ground and shall further average at least 1,800 square feet of living area per unit above ground, not including porches or garages. Each of the structures constructed as a condominium building shall contain an enclosed parking garage and elevator within the building. 7. The water lines, storm water facilities, sewer lines and street serving the development shall be constructed and extend a minimum of 550 feet from the west property line during Phase I of construction and completed prior to issuance of a building permit for Phase II of the commercial construction. 8. Prior to the issuance of a building permit for the commercial building in Phase II, a building permit shall be issued for residential construction in the RPUD shown on the site plan dated November 15 and revised December 20, 1995, February 29, 1996 and March 5, 1996. This shall not preclude the issuance of a land disturbing and street opening permits for site and related work for the Phase II commercial development, including installation of utilities and curb and gutter on the north side of the private road prior to commencement of the RPUD construction. 9. No dumpsters shall be located in any buffer zone identified on the proffered site plan. 10. The roads within the proposed 13.831 acres development will not be extended to connect to any street or road now, or at any time in the future, to provide access to any lot or parcel identified as part of the Edgehill Corporation (Plat Book 1, page 340) and Edgehill Estates, Sections 1, 2, 3 and 4 (Plat Book 3, page 212, Plat Book 3, page 265, Plat Book 5, page 14, Plat Book 5, page 11, respectively) Subdivisions. 11. That all residences shall have frame construction with either 50% brick or drivit exteriors and the balance to be brick, drivit and/or wood or wood or vinyl siding with all exteriors being constructed with all such materials extending to grade. 12. The HVAC units for the commercial buildings will not be located on the roofs of commercial buildings in Phase I or Phase II. Attached as Exhibit C are the names, addresses and tax numbers of the owner or owners of all lots or property immediately adjacent to or immediately across a street or road from the property to be rezoned. WHEREFORE, the Petitioner requests that the above-described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this ~ day of /~_~ 1996. Respectfully Submitted, S~r~ihgwood ';%s~oclates ~ z:\wpSO\s'ceph\spr ingwoo.Amd:sseO$/07/96 ROANOKE CITY PLANNING COMMISSION MARCH 6, 1996 MINUTES DRAFT The regular meeting of the Roanoke City Planning Commission was held on Wednesday, March 6, 1996, in the City Council Chamber. There being no chairman or vice chairman present at 1:30 p.m. Mr. Bradshaw called the meeting to order. Attendance was as follows: Present: John Bradshaw Gilbert Butler Kent Chrisman Barbara Duerk Richard Jones (late) Absent: Carolyn Coles Melvin Hill The following items were discussed: 1. Approval of Minutes: Februarg 7 1996. There being no additions or corrections, a motion was made by Mrs. Duerk, seconded by Mr. Chrisman and approved 4-0 to approve the minutes as written. Request from S~ringwood Associates and Crai~head Realty. Inc.. that property located on Griffin Road. S.W.. identified as Official Tax NO. 5480712, and containing 13.831 acres, more or less. be rezoned from RS-3, Residential Single Family District. as follows: 3.0 acres, more or less. to C-2. General Commercial District. and 10.17 acres, more or less. to RPUD, Residential Planned Unit Development District, such rezoning to be subject to certain conditions proffered by the petitioner. Mr. Ed Natt, attorney for the petitioner, appeared before the Commission and handed the Commission copies of the fourth amended petition to rezone as well as revised site plan. Mr. Natt stated he would not repeat his previous presentations, but would discuss the changes to the proffers and the site plan. He noted that he had met with the neighborhood and staff and also had conversations with the City's economic development as well as traffic office. He noted that as a result of last month's meeting, a traffic study had been prepared by Mattern and Craig. Mr. Natt then began his discussion of the changes in the proffers. Relative to proffer no. 2, Mr. Natt stated that a small strip of RPUD would run alongside the residential properties on the north and the commercial property on the south, thus he had revised his proffer to read: "A minimum of two (2) rows of Leland Cypress trees, a minimum of 6 feet in height on ten (10) foot staggered centers, will be planted prior to receiving a Certificate of Occupancy and thereafter maintained in the side yard area on the northerly side of the property; said buffer to extend from the western end of the proposed commercial building located on the north side of the road to a point at the easterly line of the Roanoke City Planning Commission Minutes Page 2 March 6, 1996 property of William H. Franklin (Tax Map No. 1170807). The first row will be planted at the time of commencement of construction of the project. Mr. Natt stated there seemed to be four major issues that the neighborhood had raised; i.e., (1) direct access to Edgehill; (2) quality of development; (3) types of commercial uses, in particular restaurants; and (4) traffic. He said that he felt had addressed all of the issues in some form, noting that he had done exactly what the neighborhood had wanted him to do on some of the issues. Mr. Jones arrived at this point in the meeting (1:40 p.m.) Mr. Natt stated that the residents had been concerned about buffering the commercial uses from the residential properties. He said that to facilitate the citizens concerns, he had left a small strip of RPUD, as well as agreed to put in six foot Leland Cypress trees, a minimum of two rows planted on l0 foot centers, staggered. He said that the parking lot on the north side would be screened with the Leland Cypress trees. He further noted that the building in Phase II had been moved closer to the front of the parcel, nearer the road, thus creating a parking lot to the east of the building. Relative to the uses proffered in number 4, Mr. Natt stated that the only question appeared to center on "(P) Restaurants with a gross floor area of 2,000 square feet or less; provided that any restaurants shall be located within the commercial buildings shown on the site plan." Mr. Natt stated that his clients had been in the development business for many years and had developed many malls in the Valley. He said that his clients were not necessarily looking to development a restaurant, but if they did, the restaurant would be limited to 2,000 square feet of the total center. Relative to proffers nos. 6 and 11, Mr. Natt stated that the quality of construction and development had been addressed. Mr. Natt stated that proffer no. 6 included an average of 1,800 square feet per residence. He said that each condo would include a parking garage and elevator within the building. He then discussed the building materials, as set out in proffer no. 11. Mr. Natt stated that the residents has also been concerned about the possibility of his clients only doing the commercial development and walking away from the residential. He said that proffer no. 7 provided that the developer would put in the infrastructure serving the entire development for a minimum of 550 feet fi'om the frontage road at the time construction began. He said that the project would not work unless the entire tract was developed. Mr. Natt stated that he had also proffered, in proffer no. 8, that "prior to the issuance of a building permit for the commercial building in Phase II, a building permit shall be issued for residential construction in the RPUD shown on the site plan dated November 15 and revised December 20, 1996, February 29, 1996, and March 5, 1996." He again stated that his clients were obtaining development loans and would be developing the entire tract. Mr. Natt stated that he had proffered that there would be no dumpster located in the buffer zone. Roanoke City Planning Commission Minutes Page 3 March 6, 1996 Mr. Natt stated that another major concern had been the connection of the street or roads in the development. He said that proffer no. 10. addressed the issue, noting that the road shown on the site plan was a dead-end street and did not extend onto any other property. He further stated that no road within the development would connect into any road in the Edgehill subdivision. He then read proffer no. 10, as follows: "The roads within the proposed 13.831 acres development will not be extended to connect to any street or road now, or at any time in the future, to provide access to any lot or parcel identified as part of the Edgehill Corporation and Edge}fill Estates 1, 2, 3 and 4 Subdivisions." Mr. Natt stated that he felt the proffers submitted dealt with direct access to Edgehill; quality of development; commercial uses by limiting; and phased development to insure that residential development would be done. Mr. Natt then discussed the traffic situation. He stated that following last month's meeting, }tis clients had retained the firm of Mattern and Craig to do a traffic study and the results of that traffic study had been made available to City staff He said that City staffhad also reviewed Mattern and Craig's findings and the bottom line was that City staff concurred with the methodology and findings of the Mattern and Craig report, and with the addition of the new trips generated by the proposed development, it was expected that an acceptable level of service would continue to exist after the development. Mr. Natt stated that Mattern and Craig did traffic counts on two different days and found out intervals of time or delays at what appeared to be the most critical turn, the left turn out of the Frontage Road going south on U.S. Route 220. He said that the delay, during rush hour traffic, was an acceptable level C. He said that all traffic turning movements had been studied and discussed with City staff and Mattem and Craig. In summary, Mr. Natt stated that his clients felt they had a quality project and an extremely good use for the property. He said that he felt he had gone a long way to resolve the issues and further felt that all major concerns had been addressed. He said that if his clients did not intend to do a complete project, they would not be before the Commission today. He requested that the Commission approve the request and forward that recommendation to City Council. Mrs. Evie Lander gave the staffreport. She stated that staff had worked with closely Mr. Natt over the past few weeks. She said that the requested rezoning was for C-2 and RPUD. She said that in order for the applicant to be able to do commercial development, a C-2 zone had been requested because 15 acres was required for an RPUD with commercial uses. Mrs. Lander talked about the design of the building and a previous proffer relative to the Commission% review of the design of the buildings. She stated that it was the opinion of the City Attorney that the Commission did not have the authority to approve exterior design of the buildings as part of the comprehenisve development plan review, so staffhad asked Mr. Natt to remove that proffer. Mrs. Lander stated that at the Commission's previous meeting there had been concern expressed by a resident of Southern Hills about the traffic on Route 220 and Frontage Road. She said that staff Roanoke City Planning Commission Minutes Page 4 March 6, 1996 had requested the City Traffic Engineer to consider a worst case scenario for the project. She said that counts had been done at peak hours and results of the study done by staff'had been a concern She said that the intersection was not functioning well and with the volumes projected there could be an impact on the intersection. She stated that the petitoner had concerns with the traffic study and hired a consultant to provide more accurate information. She said Mattern and Craig had done their study based on land uses that were more in line with what was proposed for the property and the results of their study confirmed that new traffic generated would not have an adverse affect on the level of service at the intersection at the present time. Mrs. Lander stated that the City Traffic Engineer was satisfied with the nw information and did not think that traffic was an issue relative to this development. Mrs. Lander advised that the City's comprehensive plan recommended the following: New housing and housing types should be encouraged to respond to current needs and trends including changing family structures, household composition and economic conditions. New housing development should be carefully designed to relate well to the existing neighborhood character. A variety of housing choices in existing neighborhoods should be encouraged through a balance of preservation, rehabilitation and new development. New residential development on vacant land should be encouraged in order to expand Roanoke's population base and response to the demand for a diversity of housing choices. 4. The development of neighborhood shopping centers should be encouraged. Development of new commercial areas in the city should be carefully planned and designed to promote quality development and good land use. Mrs. Lander said that she felt the proffers addressed the issues set forth in the staff report. She mmin.ded the Commission that they would have to review the site plan for the proposed development once it was submitted to the City for approval. She said that at that point in time, the Commission would deal with any issues relative to the physical development of the site. She also noted that it was her understanding that adjoining property owners would be notified when the matter was brought to the Commission for site plan review. In conclusion, Mrs. Lander stated that staffwas recommending approval of the request. Mr. Marlles stated that a letter had been received from Karen Terry, resident of Southern Hills. Mrs. Franklin read the letter into the record and filed the letter with materials relative to the request. Mr. Bradshaw asked the Commission if there were questions for sta~.. Roanoke City Planning Commission Minutes Page 5 March 6, 1996 Mrs. Duerk questioned whether the parking lots would be landscaped. Mrs. Lander responded that landscaping would be required as part of the site plan review process. Mrs. Duerk also questioned storm water management area and green space. Mrs. Lander responded that could also be part of the site plan review. Mrs. Duerk asked if any consideration had been given to the Phase II development being closer to the boulevard entrance and the parking next to the residential area. Mrs. Lander stated that was something staff had not discussed with the applicant. Mrs. Duerk said that she had concerns about heating and air conditioning units. She said that six foot Leland Cypress trees would not hide the units if they were located on top of the building. She said that there would also be noise from the units. Mr. Butler asked Mr. Bengtson if he would discuss the traffic, more specifically the left-turn from Frontage Road onto Route 220. Mr. Bob Bengtson, City Traffic Engineer, appeared before the Commission and stated that the issue was studied and was one of the points of concern. He said that the model he used indicated that there was a level of service F fi'om Frontage Road to Route 220S. He said that the criteria was based on a more intensive commercial use. He said that with more information, using a less intensive commercial use, the level of service improved to a C, which was acceptable. Mrs. Duerk asked if an increase in traffic on the roadway was expected. Mr. Bengtson responded that there would certainly be increases projected for any road in the Valley. Mr. Chrisman asked if there were reasonable means to provide additional ways to ingress and egress in the area. Mr. Bengtson said that drivers were afforded alternative means to ingress and egress the area. Mrs. Duerk asked Mr. Bengtson if he saw a need for signalization of the intersection. Mr. Bengtson said that he did not because the intersection could not meet the signalization criteria. Mr. Jones asked Mr. Natt if he would proffer that there would be no rooftop units. Mr. Natt stated he would add a proffer that there would be no HVAC on the rooftops. Roanoke City Planning Commission Minutes Page 6 March 6, 1996 Mrs. Duerk asked where the service entrance to the commercial structures would be located. Mr. Natt stated that there would be no rear service entrances and that all deliveries would be made at the front door. Mr. Talevi questioned proffer no. 7. He said that he was concerned that the utilities might never be completed as set forth in the proffer even though Phases I and II were complete and fully leased out. He asked Mr. Natt if his client would be willing to proffer that the utilities would be constructed to the 500 feet point before a Certificate of Occupancy was issued for either Phase I or Phase I~ commercial buildings. Mr. Natt said that he could foresee problems with the wording Mr. Talevi proposed. He said that he had already stated that the utilities would be installed before a building permit was obtained for Phase II. Mr. Talevi said that he thought the proffer would be enforceable if that language was inserted in the proffer. Again Mr. Natt stated that he was going to do the building in Phase I and at the same time install the infrastructure for the residential development. He said that he could not do any residential development unless the infrastructure was complete. He then added the following wording to proffer no. 7, "and completed prior to the issuance ora building permit for Phase II. Mr. Talevi then questioned whether or not Mr. Natt would be willing to amend proffer no. 10 to include the Plat Book references. Mr. Natt stated he would do that. Mr. Bradshaw asked for comments from the audience. Mr. Gene EIliott, attorney, appeared before the Commission and stated he represented approximately 20 residents of the Edgehill subdivision as well as some persons in Southern Hills. He stated there were about 30 residents of the neighborhood who had sat for an hour waiting patiently for their turn to be represented. He said that he believed many of the representations made at the meeting were misrepresentations. He said that the development of the property was extremely important to the neighborhoods who wanted to see a good project in the context of where it located. Mr. Elllott presented a graphic presentation of property in the area which had been purchased or was under contract to be purchased by the petitioner. He pointed out a 50 acre parcel, as well as eight acre parcel, the parcel under consideration, and the commercial area from Edgehill Estates entrance to the Branch property. He noted there were three exits onto Frontage Road. Mr. Elliott also stated that there were conflicts between the proffered conditions and the proffered site plan. He said that one disception was that the site plan showed a footprint of the condos as 1,650 square feet and the Roanoke City Planning Commission Minutes Page 7 March 6, 1996 proffered conditions set out 1,800 square feet. He also noted that the residents has asked for brick to grade with 50% wood, vinyl or dryvit, but the proffer was for 100% wood, vinyl or dryvit. He said that proffer did not assure the quality of housing desired. Mr. Elliott also discussed the parking lots on the site plan, noting the number of parking spaces which could be allowed. He also referenced proffer no. 4(P) dealing with restaurants. He said that the proffer called for more than one restaurant, which opened up the possibility of having a restaurant 45 feet from Mr. Maddox's (an adjoining property owner) back door. He said that the residents had asked that no restaurant be constructed on the site. Mr. Elliott then asked the Commission if they had received a copy of Mr. Bengtson's traffic report. Mr. Bradshaw stated the Commission had not. Mr. Elliott said that he found the report to be very interesting. He said there had been no word between the petitioner and the residents in six months. He noted that the traffic report stated that the intersection failed, but then Mr. Bengtson changed his report based on the report from Mattern and Craig. He said that the traffic study had been bought and paid for by the petitioner. At this point, Mr. Elliott handed the Commission the following correspondence: (1) 2/27/96 letter to Douglas Freeman from Gene Cress of Mattern and Craig; (2) 12/19/95 letter to Robert Bengtson from George Igoe of the Department of Transportation; (3) Traffic Impact Analysis - Springwood Associates (fax dated 2/2/96). Mr. Elliott stated that he had just recently gotten a copy of the traffic report dated 2/27/96. He said that Mattem and Craig had used a specialty retail model in conducting the study, but the proffered conditions called for general retail use. He also noted that the entrance road was controlled by the Virginia Department of Transportation (VDOT) and he said that he had asked VDOT to be involved in the planning and had been told by VDOT that the zoning stage was the time to address the problem. Mr. Elliott also stated that his clients were very much concerned about the lots going from the project area to the other properties owned by the developer. He said that the proffer did not thoroughly address that. Mr. Elliott further stated that, although Mr. Natt had stated that he had done exactly what the neighbors had asked, he would submit that he had not. He said that it was interesting that from a traffic standpoint it was not possible to signalize any of the exits from the parcel. He requested the Commission not approve the project. He said that the neighbors were entitled to have something in black and white that is enfomeable. He said that now was the opportunity to address the problems and the only way to do that was to come back with a better plan at another time. Mr. Butler asked the last time the developer made an effort to meet with Mr. Elliott's clients. Roanoke City Planning Commission Minutes Page 8 March 6, 1996 Mr. Elliott said he thought the date was December 29. He also noted that he thought he had met with Mr. Natt in mid-January. Mr. Butler said that Mr. Elliott had mentioned that his clients were interested in seeing the property developed in a quality way. He asked what significant issues, other than the restaurant, remained outstanding. Mr. Elliott said that the quality of the structures was an issue and that brick with 50% alternative material was acceptable. He also said that holding the commercial area down to 150 feet into the neighborhood was another issue. Mr. Marlles mentioned that staff had met with the attorney and several representatives of the neighborhood within the past 2-3 weeks and any concerns that were raised at that meeting had been relayed to Mr. Natt. He further stated that staff felt there had been considerable effort to be responsive to the neighborhood's concerns. He said that staff felt the developer had made every effort to respond to the concerns from the residents. Mr. Chrisman stated that comments had been made about the enforceability of the proffers. He asked Mr. Talevi if he was comfortable with the enforceability. Mr. Talevi stated he would much rather hear about the specific areas of the plan and proffers that Mr. Elliott felt were in conflict. He noted that the petitioner was allowed to include finished basements as part of the 1,800 square feet. He asked Mr. Elliott what other discrepancies there were between the proffers and the site plan. Mr. Elliott questioned the reference to the certificate of occupancy in proffer no. 3. Mr. Talevi stated that the reference could be made to any certificate of occupancy and it was as restrictive as could be written. Mr. Bradshaw advised Mr. Elliott to study the problems he had with the proffers and be prepared to discuss them later in the meeting. Mr. Wayne Maddox appeared before the Commission and stated he was an adjoining property owner. Mr. Bradshaw asked Mr. Maddox if he was represented by Mr. Elliott. Mr. Maddox stated he was. He said that he strongly opposed the petitioners request that the three acres be rezoned to C-2. He said that the concept plan cleariy illustrated construction of large, one story retail buildings within 30 feet of his home. He said that the comments on the buffering had Roanoke City Planning Commission Minutes Page 9 March 6, 1996 been ignored or related with very slippery words. Mr. Maddox voiced his concern over the wording of restaurants, which he said meant there could be more than one restaurant on the site. Mr. Jones pointed out that the location of the buildings would be more than 30 feet from Mr. Maddox's home. Mr. Maddox conceded that the building would be 35 feet from the property line. He said that he would not be able to enjoy his backyard for the odors from the restaurant. He asked that the petition be rejected as filed and that a more thorough study of developing the parcel along Frontage Road be made. He said that the big question was why the commercial zoning needed to extend into the neighborhood 550 feet. He also asked why the residential portion of the property couldn't be developed with the types of homes that were already in Edgehill. Mr. Bradshaw asked Mr. Maddox if he was opposed to the rezoning because it extended too far back from the Frontage Road. Mr. Maddox stated that was correct. Mr. Cliff Shepherd (3820 Bosworth) appeared before the Commission and stated he was not an adjoining property owner. He said that some of Mr. Maddox's concerns were shared by non- adjoining property owners. He said that his main concern was that in the future the 13.8 acres or other land could be connected to the roads in Edgehill. He said that he was also concerned about the traffic on U.S. Route 220. He also stated that he did not know how anyone could say that the intersection at Frontage Road could have any stability today, much less with more traffic on it. Mr. Jones asked Mr. Shepherd if he was represented by Mr. Elliott. Mr. Shepherd stated he was. Mr. Jones stated he was all for allowing the citizenry to speak at the meetings, however, he felt it they were represented by an attorney, the attorney was speaking for them and giving the same information twice. He said that he would like for those speaking to not repeat what had already been said. Mr. Bradshaw said that Mr. Shepherd's concern about the roadway was already addressed in proffer no. 10. Ms. Marilyn Donato appeared before the Commission and stated that Mr. Elliott represented if the Commission considered the fact that she had paid him $100. She said that her concern was the quality of development that would be built. She said that she was not against the development but would like to protect her property. She said that she would feel much better if the wording of proffer no. 6 was a "minimum of 1,800 square feet." She also said that she would prefer that it be stated that Roanoke City Planning Commission Minutes Page 10 March 6, 1996 the wood, vinyl would not exceed 50% of the structure. She said that no one wanted to be misled or fooled by proffers that were read and then did not "jive" with the site plan. She said that she would like assurance that the site plan and proffers were the same. Mr. Bradshaw said that where there were contradictions between the site plan and the conditions, the more stringent would apply. Mr. Talevi said he was not sure of that and could not say. Mr. Talmadge Vinyard (4024 Griffin Road) appeared before the Commission to voice his concern about the traffic situation in the area and the development of the 13 acre site. He discussed the problems on Frontage Road and U.S. 220 and stated he had seen a number of wrecks at the intersection. He further stated that making left turns was almost impossible and the situation was very dangerous. He said that he was sure the land was going to be developed, but he was concerned about the steady increase in traffic. Mr. Bradshaw said thanked Mr. V'myard for his comments, but responded that we would have to live the traffic. He said that with more traffic on the roadways, VDOT might have to further upgrade U.S. Route 220. He also stated that you could not tell a person that he could not develop his property and that was the situation the Commission was facing. Ms. Gayle Davis appeared before the Commission and stated she was new to the area. She said she took exception to Mr. Bradshaw's statement that "it had to be developed." She said that she had lived in and worked on projects in Washington and Baltimore and there was no law that said a particular piece of land had to be developed. She said that community residents in the areas she had lived had been very involved in shaping development. Mr. Bradshaw said he apologized if Ms. Davis interpreted his statement as such. Mrs. Michelle Brugh, resident of Edgehill, appeared before the Comission and sated that she was not an adjoining property owner. She asked about the roadway situation through her neighborhood. She said that the neighbors felt as if they had been duped by the proffers. Mr. Bradshaw stated that the proffer called for a dead-end street which did not extend into the Edgehill subdivision. Mr. Natt stated that his clients would not extend a road into any street into Edgehill. Mr. Bradshaw asked for further comments. Mr. Natt stated he had several matters he would like to address. He said that no roads were connected to any Edgehill street. He said that as far as traffic and accidents were concerned, he had Roanoke City Planning Commission Minutes Page 11 March 6, 1996 a police report which indicated that one accident was responded to in ail of 1994 and 1995. Mr. Natt further stated that he had worked diligently with staff and Mr. Elliott. He said that he had incorporated some of the proffers that Mr. Elliott had submitted to him on February 27. He also stated that if the Commission looked at the topography of the frontage on Frontage Road, it was obvious that due to topography, the commercial uses could not be located right on the road. He said that he had moved the building on the north side because the residents had wanted it moved. He said that he had proffered the types of materials and the square footage of the homes. He further stated that traffic had been studied. He said that as far as a misrepresentation on the use of the word restaurants, he noted that the wording had been taken directly from the City's zoning ordinance. He said that he would proffer only one restaurant. Mr. Natt also noted that he had letters for support from adjoining property owners as well as others. He gave copies of those to the secretary for the record. Mr. Natt stated that the petitioners have designed a project that is good and the commercial use in conjunction with the residential use was appropriate. He said that substantial proffers had been made to insure good quality development. He requested the Commission approve the request. Mr. Jones voiced his concern over the use of the word "dryvit" in proffer no. 11. He said that he felt the suggestion of several of the residents that the buildings be 50% brick or other material be considered by Mr. Natt. There was discussion between Messrs. Natt and Jones relative to the wording of proffer no. 11 and Mr. Natt agreed to amend the proffer to provide for 50% brick or dryvit with the balance being wood, vinyl or dryvit. Mr. Jones also stated that the existing residences in Edgehill should be considered and everything should be done not to depreciate the homes in the area. He said that he felt the units should be a minimum of 1,800 square feet. Mr. Natt stated that his clients would be willing to put a minimum size on the units. He said that the units would be an average o~' 1,800 square feet living area or a minimum 1,600 square feet. He said he would proffer that. There was discussion among the Commission and Mr. Natt relative to what constituted the 1,800 square feet and it was noted that any unheated, uninhabitable garages or storage areas were not considered part of the square footage. Mr. Elliott stated that proffer no. 10 needed to reference plat book and page numbers. Mr. Talevi asked Mr. Elliott if he would get that information for Mr. Natt. Mr. Elliott stated he would. Roanoke City Planning Commission Minutes Page 12 March 6, 1996 Mr. Elliott also noted that proffer no. 7 needed to actually reference the issuance of the building permit. Mr. Bradshaw stated that had already been proffered. Mr. Elliott stated that proffer no. 6 containing the square footage and the square footage on the site plan could be construed to be in conflict. Mr. Talevi stated that he understood the proffer. Mrs. Duerk asked the difference between specialty and general uses. Mr. Elliott stated that the parking requirements for those two uses were different. Mr. Talevi stated that proffer no. 4 (lq) was taken directly from the zoning ordinance. Mr. Talevi questioned the wording of proffer no. 11. Mr. Natt stated that relative to square footage, if there was one floor with a basement, the footprint would be a minimum of 1,600 square feet of living space on the one floor. He said that if the structure was two stories or more, then the unheated basement area would not be counted in the 1,600 square foot minimum. He said the average would be 1,800 square feet. He noted there would be three types of homes. Mr. Bradshaw asked for further questions from the Commission. Mrs. Duerk asked if any changes could be made to the proffered site plan. Mr. Talevi stated that the site could be developed in substantial conformity to the site plan. Mr. Jones asked Mr. Natt if he would consider amending his proffer relative to the restaurant to delete the "s" from restaurants. Mr. Natt stated that he would. Mr. Marlles reminded the Commission that before any development could occur on the site, the developer was required to come back before the Commission for site plan review and approval. There being no further discussion, Mr. Bradshaw moved to app.rove the request as amended. The motion was seconded by Mr. Chrisman. A roll call vote was taken and the request was approved as follows: Mr. Bradshaw - yes Mr. Butler - yes Roanoke City Planning Commission Minutes Page 13 March 6, 1996 Mr. Chrisman- yes Mr. Jones - yes Mrs. Duerk - yes A 10 minute recess was held between 3:40 p.m. and 3:50 p.m. of the Code of Viminia (1950~. as amended. Mr. Jim I in this matter, & D Builders he was asking for a out the area of the house in the City, with parcels. before the Commission. He stated that Mr. Mayer was representing him s unable to attend the hearing. Mr. Davis said that he was the principal in C property as set out in the maps prepared by staff. He said that Uaing a graphic prepared by staff, Mr. Davis pointed line adjustment between the City and County. He said there was one located in the County. He said that the adjustment involved four Mr. Jones askedfur Mr. Ted Tucker appeared before the Davis had explained the request and administrative staff, including police, objection and several inhabitants of the property. He said that the a and staff` recommended approval, subject presented the staff.report. He: that request had been reviewed emergency services. He said there had astment would be in the best interest, a very minimal contingencies set out in the no future the City Mrs. Duerk asked if staff had heard from owners Mr. Tucker stated that all had been notified, In response to questions from the Commission relative City and which were going into the County, Mr. display. from any property owner. were coming into the out those areas on the graphic There being no comments from the motion was seconded by Mrs. Duerk and to approve the request. The of Official Tax N~ N.E.) and 7090501 attomev, thal; a portion Route 460 East (Orange Avenue, Commercial District. and a portion of Official Tax No. King Street, N.E. and zoned RS-3, Residential Single Family, be ./ .... :... - ~ ' .,. ~,~' .. 'ROPERTY PROPOSED ~ ,; TO BE REZONED MAR. ?.19°~ 11:97AM RF~H CARDIOLOGY SVCS M0.798 P.~x3 March 6, 1996 Roanoke City plnn.in$ Commission Attention: Marth_n Fr*nk~ My-,~ concern (as well as my husband, mother, brother, s~ter ~_-~ other neighbors o£$outhem Hills, who cannot attend due to the 1:30 pm ti,,,) is ~crff~cf/o~! Who is ?o~n_e tn stucly th;, lnxgficn~The Frc~.~e Road access to 220 _~ Fr~t,~ Road is Southern ~m_, residants main road ofttavet And to say that an added 950 to 1250 cars a day can be controlled is an under staten~nt. Inow leave my house at 6:30 amto getto work at Roanoke Mmnoflal Hospkal by 7 ~m Iu~,n,y don~ have ,vo,ch trouble cntctin~ Fr~ Boad frozn Frontage Road at Merchants bu~nes~ IfI am I0 m~utes later then that ~ms, I can wait 5 to l0 ,,dm~tes at that in~ersect~n just to mm right. I usually get offwork at 3:30 pm men,,~.* I am on Fioatage Road by 3:45 pm ffI am going st~nigh~ home but ifI tskc Frontage Road and uy and turn lcfl onto 220 to go to Food Lion I can wait at least 10 m~mles to cross 220. I have dyed Jn Southcan I-~l~ all my ~ and as things have grown around thc area, so has thc tra~c.... Atfirst, there wasn't even a street light and now its lk up hTIte a Chri~s,,~s tree! ! Evenif I ~o luther up to c~oss 22O at $av-X intetsectlon its no better and the later in the evc~n& the worse it gats. I have pretty,,mch set ~ as to when I w~l attempt to goto Hunting/4~ Pla,~ or Food Lion due to the trn~c. And to make it a ]ittl¢ can;er, I w~l ta~e the back road off OM Yellow Mc~*~ Road tlmt comes out at thc Out~ck Steal&ouse. The only advantage to takin8 tM. way, is that yolx ~_~n*t have to cross 220 but you ~ have to wait. I feel that another "so called mini. mall** with the possibility of a restaurant bein~ there would only rake a very bad situation worse, And exat~y .h~ is the enUan~e to this az~a goin~ to be??? As it is now, our subdivim'on is being boxed ~.... there ~n't evcn a 2 mile radius statt;.~a from Hunting I-~na to the Ist Fu~ntage Koad eu~auce off 220. And the~e a~e numerous entrsnces on to 220 - 1) ~g 1~11% 2) S,~,~,,,,;~ Apt comple~ 3) Okl Yeltow Mt l~oad, 4) Outback Steni~ouse, 5) Food Lien, 6) Hunting I-~H~ Phza, 7) Quail Valley Road (condos), 8) Southern ~ 9) Pinkard Cou~ 10) Branch Associates, 11) Weatem Siade, 12) Hampton Inn. 13) Tanglcwood Mall on to 220 and traffic Ii'om ~$1 to 220 heading toward Boones ~ Thc residents o£ Southern ~ is not the only resldengal usl~ that uses gfis route a~yin order to stay off220. I just don't bdievc that thi~ intersection can h~al~ anymore tr*~. Aud supposedly thcrcis also another tczoning request b~g proposed on the other side of me. The land beMnd Food Lion and Outback is being considered for a Nursing Home complex/condos also, so that is more added u'~f6c. Thm'e are enough restmu~uts ,md malls in that arca al~tdy tlmt a~e too runny to ,~_,.~m.... nn~l depen _d~g mx what Sl~ngwood Associates does with the other prupcny aocp~ted h thc Southern H~ls asea, wl~-h I am stye wffi be developed; W~-H~*t~E is that tr~q~_ e 8oin$? And I ,,n,~ say bufore all this rezo,,~ng issue, even the city mnnnger and othe~ city representatives, I ltsvc already wfittcn a letter to Mayor Bowers about my concczns o£my ncighbmtiood and how its bern overlooked ~nd for~Ctm and shzcc. Ihavc met with the n-=i,~ant City Men,er and Parks and Recreation director to start wm4~ing on problems already the~ w¢ d~m't ~ to add anymorc. We cannot ev~ get zestroom~, in om' pa~k due to budgct (m~ncy) and number of'parks in Roanoke, which is understandable in this day and ~ but if the city can't afford a restroom in a mudl nci~hborhood park, how is it going to afford a new roadway. Ka~eu W Terry Resident of Southern G. WILLIAM GEARHART, SR. 3813 HEATHERTON ROAD, S.W. ROANOKE, VIRGINIA 24014-3021 FEBRUARY 2, 1996 MR. S. DOUGLAS FREEMAN, SPRINGWOOD ASSOCIATES 3214 ELECTRIC ROAD, S.W. ROANOKE, VIRGINIA 24018 DEAR MR. FREEMAN: THIS IN REFERENCE TO YOUR PROPOSED DEVELOPMENT OF LAND TO THE SOUTH OF EDGEHILL ESTATES WHICH WILL BE A COMBINATION RESIDENTIAL AND COMMERCIAL PROPERTY. OF I APPRECIATE THE TIME YOU HAVE TAKEN EARLIER IN CONTACTING THE RESIDENTS OF THE AREA ON A "ONE-ON-ONE" BASIS WHEN POS- SIBLE TO EXPLAIN WHAT YOU PROPOSE DOING. YOUR VISIT WITH ME AND MY WIFE WAS VERY ENLIGHTENING. IT IS UNFORTUNATE THAT NOT EVERYONE WAS AVAILABLE, OR WOULD MAKE THEMSELVES AVAILABLE, WHEN YOU WERE ABLE TO MEET WITH THEM. AS YOU DESCRIBED THIS DEVELOPMENT TO US, WITH THE TYPE OF SHOPS TO BE PERMITTED IN THE SMALL SHOPPING CENTER, AND THE GENEROUS USE OF GREENSPACE TO PROVIDE PRIVACY TO THE RESI- DENCES BORDERING THIS AREA AS WELL AS THE RESIDENTIAL AREA TO BE DEVELOPED, WE FEEL THIS WILL BE OF BENEFIT TO THE AREA IN GENERAL AS WELL AS TO PROPERTY VALUES IN THE EXISTING EDGEHILL ESTATES AREA. RESIDENTS LIVING IN A RESIDENTIAL AREA BORDERED BY UNDEVEEDPED LAND ARE ALWAYS CONCERNED AS TO THE USE THAT LAND MAY BE PUT TO IN THE FUTURE. IT IS GOOD TO KNOW THAT A DEVELOPMENT OF THE QUALITY YOU PROPOSE IS BEING PLANNED FOR THIS AREA. WE SURELY HOPE YOU WILL BE ABLE TO CARRY THIS OUT. S TRULY, ~ · - G. WILLIAM GEARHART, SR. Lynn D. Avis 3848 Bosworth Drive, S. W. Roanoke, Virginia 24014 January 30, 1996 Springwood Associates Suite 202 3214 Electric Road Roanoke, Virginia 24018 Gentlemen: Suzanne and I have reviewed your plans for the Southmont Project and are very much in favor of such a development. We also feel the concept is the very best for the land use, neighborhood, and City of Roanoke. Sinc~re~, nnand Suzanne Avis Mr. Douglas Preeman Springwood Associates Suite 200 3214 Electric Road Roanoke, Virginia 24018 January 31, 1996 Re: Rezoning of the Southmont Property Dear Doug: As you know we are residents of the Edgehili Estates subdivision in the City of Roanoke. We have reviewed the plans for the rezoning of Springwood Associates' property to be known as Southmont. It is our feeling that this is a good development plan and will be a desirable use of the property. We hereby offer our support of your rezoning request. January 30, 1996 Springwood Associates Suite 200 3214 Electric Road Roanoke, VA 24018 Dear Sirs: My home adjoins your land located on Frontage Road in the Roanoke. I have studied your plans for Southmont and feel this will development for the property. I give my support City of be a good to your rezoning. Sincerely, Januaw 27,1996 Mr. Bob Freeman Springwood Associates 3214 Electric Road, Suite 200 Roanoke, VA 24018 RE: Rezoning Craighead Property Dear Bob: We are the owners of the adjoining property to the property you are presently attempting to rezone. We are pleased with the development plans that you have for the property and wanted to let you know our feelings. We wish you success. Regards, BRANCH INVESTMENTS JANUARY 23, 1996 SPRINGWOOD ASSOCIATES SUITE 200 3214 ELECTRIC RD. ROANOKE, VA. 24018 DEAR SPRINGWOOD ASSOCIATES. I HAVE RECEIVED A REQUEST FROM THE CITY OF ROANOKE, STATING THAT YOU ARE REQUESTING A REZONING OF PROPERTY NEXT TO OUR OFFICE ON 220. IT APPEARS TO ME TFIAT THE REZONING TF~AT YOU ARE REQUESTONG (C2,R-PUD) WOULD BE VERY SUITABLE FOR THAT PROPERTY. 3812 BUNKER HILL DR. ROANOKE VIRGINIA 24018 (540) 774-1208 FAX: (540) 774-1359 January 30, 1996 Mr. Robert S. Freeman Springwood Associates Suite 200, 3214 Electric Roanoke, VA 24018 Road Dear Mr. Freeman: I am the owner of property adjoining your land located on Frontage Road in the City of Roanoke. I have looked at your development plans and believe this will be a good use of the property. Therefore I would like to offer my full support of your pending rezoning. Sincerely, 6265 Fairway Forest Dr. Salem, VA 24153 CITY OF ROANOKE INTERDEPARTMENT COMMI~NICATION DATE: TO: FROM: SUBJECT: February 28, 1996 Evie Lander, City Planner Robert K. Bengtson, P.E., Traffic Springwood Engineer ~ The review of reported accidents for the intersection of Frontage Road at U.S. Route 220 indicates that a total of one (1) accident was reported during all of 1994 and 1995. This involved two (2) northbound vehicles in a rear-end collision. Please advise if you have any questions. gpe/ CITY OF INTERDEPARTMENT ROANOKE COMMUNICATION DATE: TO: FROM: SUBJECT: March 6, 1996 Evie Lander, City Planner Robert K. Bengtson, P.E., Tra£flc Engtneer~ Springwood I have reviewed the Springwo0d traffic report prepared by Mattern & Craig, which ! received late yesterday morning. Based upon the proposed land uses, which are now more specific than those which were originally used for my traffic analysis, the peak hour trip ~enerations for the Springwood project are now approximately one-fourth of the amount I had oriqinally projected. Also, an important statistic is the 18~ seconds of average delay for existing evening peak hour traffic turning left from Frontage Road onto U.S. Route 220. This provides a leuel of service C which is considered acceptable. (The original study which determined the left turn to be level of service F was modelled using methodology from the Highway Capacity Manual. Obviously, Mattern & Craig's real field data is preferable information). With the addition of new trips generated by the proposed development, it is expected that an acceptable level of service would continue to exist. I concur in the methodology and findings of Mattern & Craig's report. gpe/ CFI'Y Of- ~O~,NOKE i)UI.ILIC WOIU(S SIdRVICE CEN-I-E.R I1~t)2 COUI~'I'LAND I~OAD, N. E. ItOANOKI", VII~GINIA 24Ut2 I ELL-'Q)IqEI{: ': u~.~,..u ~oLl~U~l 10:14 ¥[}OT S~Et~] RES . TEb:~'~T'MOT . KO01"- .~- O~VlO n. 6[~fi '~" ,--.,: ~:.- _ · -..- .-~ '" · q..~,~.,~= <~" . . .;. .- . .. .-...- · -. ~-'~'~.. 4: '' ; '" "~-' "' '"'": .... ~;5 ,:' .., Traffic gngineermn~ ] _- ~.:r~.: -' "- .]~.City of Roanoke ~ ".'; .... '1802 Courtland Rd., N.E. :- ~' . .~Roanok~, VA' 2pO}2 ~2':-~~. ¢T-~,t" ':.:" ~ · .'. t ::" t~' ' · '~"w ~~'!%~'.~.,-~ · ~s~ Bob' - -, ~ A review o~ uh~ ~ove cap ' ' " completed and .I offer the f~-:~-~ ~ '"J~¥," ' :'- . - ~' .... -'" ' %~ - -': - :'- --' ----~:' -~ .... ~ea %,/~t{aae..__~ Road '.."-" - '~,.., -' (~'89 e ~, ~ ~ ',::_~_~.. ' ':-'~ --' ~ office before per~o~n~ .:~7 ~[;;,;..ez-,~.:~'?: '~ ...... :' .,~.- - ......... ~.~--~;;g~ w~ll create . .~ The re;identsal. ~o[t~o~ ~ e --~'~,,-.-~lu~ ...... _ ........... bh . - . .-.-~-~ -- ' " tmo~al traffic . _ . .-- ~ ;'- . ~n~ ' the coatmerclal pu=~,,~: .~?~ .'~'i-~-~l;,l~ ~f a ~".-: uncertain, ~ore l~iOr[~atlon wou~= ~ ...... be needed. . '..' ne on the frontage road righ~.'tu~ la ~ . ,. ~,:~:~,~ ~, ..., .~- ,~.,.. . ~, ~ ...... / As a matter of l~foT~tlo~, =~=~= ~ ~'- ~ron%~e road. Off Route 220 onto the south entrance for the Also, the frontage_rdad_ __~ -~Laccess onto~ ~Franklin Kc:ad ts .- not located at a signalized intersecu~o-- is R~. The existing left turn l~ne OffwithSOU~hboun~the tra fl, it 120 feet, with a taper of 50 feet- -- Mr. BengZson - - - December 19. 1995 _ ~.. - =elephant :~"~:~ increase thfs-~urn &ane and ta '.~ :~??:~:g comments;"ipleas~j~° .not Mr. S. Doughs Freem~n Sptingwood Associates SvdaSwood Sui . 3214 Electrk: Road, $.W. Roanoke, VA 24018 Route 220~Fwntage Rd. C~ ..... ~;~ion No. 1484 Dear Mr. Freem.-- ........... Enclosed you will find tur~i~ moveme~ forms depicting tl~ 12-hour, n m peak hour, p.m. peak hour, and mi~-day peak hour counls collected on Thursday, February 8, 1996 for the Route 2.,20/Frontage Road iz~:rscction nearest the southern corpora~ ~m~s of thc City of With respect to the da~a base ~nd asp, ~.~o~s ,~._ed in the Traffic Impact A-~!ysis prepared by ~he City, we offer the following co,,,~e~ts based on the site plan provided by you eatitled Hxhibit B, ColE:opt Plan for R~zonin~ Sprhlgwood Associate, Roallok~, Vi~ginin prepared by Balz~ and Associate~ w/th last r~vision date being December 20, 1995. Rather t~n~ base trips nmlcipal~d to be ge~ed by residences of the proposed develop~aent on !'~4 Use Code 270 (Residents! Planned Unit De~lo~ RPUD), wc would suggest lhc'T~ml Use Codes 210 (Single F~mily De~ached Mr. S. Douglas Frccn~n Page2 Fctmmry 27. 1996 Hou.~%~ ,~1233 ~ ResJa-,~.! Condominhun) be used ba.~cd on 21 single f~m;ly houses alld 36 condom;r~um .nlt~.'~ '. .For the commcrcial dcvelopmcm proposed, wc would suggest ~c ~ ~.a Use Code 814 (~ty Relail Career) bc used in conju~lioa with I.mxl U~e Code 820 (Shopping Cenicr), Table 2. In. the Prefcrr~ Concept i~ should be based on 12,000 ~ of Gross Leasable Area. '.ii'. -: ." . · ,W~ would also sugg~ tint t~ trips amicipamt m t~ gcmi~d to' ~c o,,-- story ~ ~ ~g!d~g ~ ~ On ~ U~ Co(~ 49~ (R~gl~_'orml ~) consisting of 22,000 It~ ~r,a Code*g10 (Rclm'l - Genre-al Mctchandim) consisting of 4.000 ~ for a sports shop loca~l wlthl, thc lmilding. If thc Almmate Concept is followcd, thc 26,000 ~t~. imiltli~ housing the and a ~ of 30,000 fO of Gross Leasable Arca should be used for thc ~;ouaue~ial Utlii:~.~. thee suggested Land Use Codes, ~ traffic =-acipami ~o bc g~crared by the l:,,:of..,oscd commm/on wo-~_d ~'alt in thc follow~,~ trips entering and ~-_- th= si~ ~ the I. 210 (Single F, roi~y) .14 8 22 2. 233 (luxury Condos) 14 9 23 3. 814 & 820 (Spccial~ Retail & Shopping) 25 · 2'7 52 4. 49.5 (Recre:~onal Ceamr) 9 22 31 810 fRe,~. Cmm~) - Sports Shop 1~ I11 ~0 Total 72 76 148 It can also be expected that the driveway volume (148) of the proposed development is different f~om the amouat of trat~ expected m be added m the existing 6heet sysa:m. A portion of the traf~ would be ~ha~ed W th: ge~rator .from the trnme l~;-_~ the si~ on th= way from o~ location to another. Traffic entering and exiting tl~ proposed development onto the F, oui,~c Road Ins sevin'al alternatives for accessing the existing sm:ct sysicm. Traffic e~- access Frm~Idl, Road at the Mr. S. Dot.las Fx~mnn Pa~e 3 February 27, 1~96 likely purstm tim ~ co--ted meam of Iravel. Th~ lllost obvious diWwult w~_~!d b~ _mn~n~ a l~-mm 0aio Rou~ 220 South at th~ south~n teimh~ of th~ F~on~ Road. However, there a~ almmat~ r~ for ~t&n~ this mam~v~r. R~t obs~awafi~s ze~aled that '-';=~ be-of any further assi.~t'a.~e~, please'just give ira: a call. .Yours very truly, MATI'IiI~ & CRAIG TRAFFIC iMPACT ANALYSIS iRezoninq Proposal SPRINGWOOD ASSOCIATES RS-3 to C-2 and RPU~D Analysis of the intersection of Frontage Road at U.S. Route 220 for the PM peak hour (using ITt Trip Generation Manual, 5th Edition and February, 1995 update to 5th Edition). " RPUD 57 units x 0.62 trips/dwelling unit = 36 trips C-2 of shopping center with 14.8 a. Use 12,000 square feet trips/i,000 square feet of gross leasable area. Therefore 14.8/1,000 x 12,000 = 177 trips b. Use 24,790 square feet of shopping center witb 14.8 trips/I,000 square feet of gross leasable area. Therefore 14.8/1,000 x 24,790 = 367 trips Note: Alternative C-2 uses such as a high turnover sit-down restaurant, or a fast- food restaurant with a drive-through window, or a grocery store were also analyzed and resulted in fewer trips generated than the shopping center. Total trips generated for RUPD and C-2 in PM peak hour equals 580 trips (290 inbound and 290 outbound). Note: It should be acknowledg, ed that the existing 13.8 acres of land zoned RS-3 c~'uld generate 90 trips in the PM peak hour based upon developing 80 percent of the site with maximum density of 8 single family homes per acre. The 580 trips are assigned according to the directional distribution shown on Map .A. Percentages shown are assumed for this particular site based upon general knowledge, of traffic in this area. The resulting trips are shown on Map B. Addition of existing traffic at the Frontage Road/U.S. Route 220 intersection to these projected trips yields total projected traffic as shown on Map C. This does not include any additional future development that could occur in this area. Based upon the figures in Map C, the level of service for both turning movements from Frontage Road onto U.S. Route 220 is rated as an F, which is considered an unacceptable level of service in terms of delay time to traffic wishing to turn. Without thi~ development, the left turn from Frontage Road onto U.S. Route 220 1 is stall an F (under current condition~), while the right turn is rated as a C, which is acceptable. One might conclude that, during · sts would seek alternate egress to eak hour condttzons, motori _ e tess would likely.be ~void the lengthy ~lay~. S~e$~li~ Road. This loca=lon the intersection o: ~ron~age ~u~u ~ - was not examined as part of this study. · o not support any of the warrants 'for Additionally, these f~gures d __ ocation lend itself .to fic si nallzation, ~or ~-~ thi~ 1 ' ed access sectlon ~alizat~n due to its locatlon near the li.mlt of U.S. Route 220 to the north. 2 DRAWN BY 17~1~, DESIGNED BY CHECKED BY PL H DATE: REVISIONS SCALE A~ NOT~P SHEET NO. JOB NO. MARY E PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 ~hurch Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk March 8, 1996 File #51 Carolyn H. Coles, Chairperson City Planning Commission 1501 Cove Road, N. W. Roanoke, Virginia 24017 Dear Ms. Coles: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a fourth amended petition from Edward A. Natt, Attorney, representing Springwood Associates requesting that a certain 13.8-acre tract of land lying at the north end of Griffin Road, adjacent to the east side of Franklin Road, S. W., U. S. Route 220, Official Tax No. 5480712, be rezoned from RS-3, Residential Single-Family District, to C-2, General Commercial District, and RPUD, Residential Planned Unit Development District, subject to certain conditions proffered by the petitioner. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Eric. Carolyn H. Coles, Chairperson City Planning Commission March 8, 1996 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council Edward A. Naif, Attorney, Osterhoudt, Ferguson, Naif, Aheron & Agee, P. O. Box 20068, Roanoke, Virginia 24018-0007 Robert S. Freeman, Springwood Associates, 3214 Electric Road, S. W., Suite 200, Roanoke, Virginia 24018 John R. Marlles, Agent, City Planning Commission Martha P. Franklin, Secretary, City Planning Commission Evelyn D. Dorsey, Zoning Administrator Ronald H. Miller, Building Commissioner Steven J. Talevi, Assistant City Attorney FOURTH AMENDED PETITION TO REZONE IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Rezoning of a tract of land lying on the north end of Griffin Road, adjacent to the east side of Franklin Road, S.W., U.S. Route 220, in the City of Roanoke containing a total of 13.831 acres, more or less, identified as tax map parcel 5480712, according to the tax maps of the City of Roanoke from Zoning District RS-3, Residential Single-Family District, to Zoning District C-2, General Commercial District, and Zoning District RPUD, Residential Planned Unit Development District, such rezoning to be subject to certain conditions. rO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF RO~_NOKE: The Petitioner, Springwood Associates, owns land in the City of Roanoke containing 13.831 acres, more or less, located on the north end of Griffin Road, known as official tax map no. 5480712. Said parcel is currently zoned RS-3, Residential Single-Family District. A map 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 Petitioners request that 3.0 acres, more or less, of the said property be rezoned from RS-3, Residential Single-Family District, to C~2, General Commercial District and the remaining 10.17 acres, more or less, be rezoned from RS-3, Residential Single-Family District to RPUD, Residential Planned Unit Development, subject to certain conditions set forth below. 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 allow the isensitive development of a parcel of land in a manner consistent with adjoining properties in the area and consistent with the future development of the area. Development of the RPUD portion will allow the preservation of greenspace and development of roadways sensitive to existing topography. Development of the C-2 portion will continue the existing commercial development along U. S. Route 220. 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. The property will be developed in substantial :onformity with the site plan prepared by Balzer & Associates dated November 15, 1995, revised December 20, 1995, February 29, 1996 and March 6, 1996 a copy of which is attached to the Petition for Rezoning as Exhibit B, subject to any changes required during development plan review. 2. A minimum of two (2) rows of Leland Cypress trees, a minimum of 6 feet in height on ten (10) foot staggered centers, will be planted prior to receiving a Certificate of Occupancy and thereafter maintained in the side yard area on the northerly side of the property; said buffer to extend from the western end of the proposed commercial building located on the north side of the road to a point at the easterly line of the property of William H. Franklin (Tax Map No. 1170807). The first row will be planted at the time of commencement of construction of the project. 3. Leland Cypress trees (6 ft. tall, 10 ft. on center) will be planted prior to receiving a Certificate of Occupancy and thereafter maintained along the northerly and easterly side of the parking lot located to the east of the proposed commercial building located on the northerly side of the private road. 4. The following uses shall be the only permitted uses in the C-2 District: (A) Non-Profit Counseling Facilities and Services (B) Trade, Business and Art Schools of a Non- Industrial Nature (C) Churches, Synagogues and other places of worship (D) Library, Museums, Art Galleries and other similar uses including associated educational and instructional activities. (E) Community Centers (F) Post Office (G) Indoor recreational uses alleys, indoor tennis courts, other similar uses including bowling fitness centers and (H) Theaters with unlimited seating capacity (I) General and professional offices including financial institutions (J) Medical clinics (K) Medical offices (L) Funeral Homes (M) General service establishments primarily engaged in the repair or maintenance of goods or items except automobiles, trucks or construction equipment, and including the provision of business and personal services and other similar uses. (N) General retail establishments primarily engaged in the retail sale or rental of merchandise, goods, or products except automobiles, trucks, or construction equipment; and including the incidental repair and assembly of merchandise, goods or products to be sold on the premises. (0) Auto accessory sales without related installation on premises. (P) Restaurants with a gross floor area of 2,000 square feet or less; provided that any restaurants shall be located within the commercial buildings shown on the site plan. (Q) Food stores not greater than 5,000 square feet in gross floor area. 5. That the uses permitted in the RPUD District shall be .imited to the following: (A) Single Family Detached Dwellings (B) Multi-Family Dwellings (C) Parks and Playgrounds 6. The condominium units and the single family residences constructed in the RPUD District shall average at least 1,800 square feet of living area per unit, not including porches or garages. Each of the structures constructed as a condominium building shall contain an enclosed parking garage and elevator within the building. 7. The water lines, storm water facilities, sewer lines and street serving the development shall be constructed and extend a minimum of 550 feet from the west property line during Phase I of construction. 8. Prior to the issuance of a building permit for the commercial building in Phase II, a building permit shall be issued for residential construction in the RPUD shown on the 3 ~ite plan dated November 15 and revised December 20, 1995, February 29, 1996 and March 6, 1996. This shall not preclude the issuance of a land disturbing and street opening permits for site and related work for the Phase II commercial development, including installation of utilities and curb and gutter on the north side of the private road prior to commencement of the RPUD construction. 9. No dumpsters shall be located in any buffer zone identified on the proffered site plan. 10. The roads within the proposed 13.831 acres development will not be extended to connect to any street or road now, or at any time in the future, to provide access to any lot or parcel identified as part of the Edgehill Corporation and Edgehill Estates 1, 2, 3 or 4 Subdivisions. 11. That all residences shall have frame construction with either brick, drivit and/or wood or vinyl siding exteriors to grade. Attached as Exhibit C are the names, addresses and tax numbers of the owner or owners of all lots or property immediately adjacent to or immediately across a street or road !from the property to be rezoned. WHEREFORE, the Petitioner requests that the above-described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this ~ day of ~ , 1996. Respectfully Submitted, S~ri~ngwood Associates z: \wpSO\s~eph \sp~i ngwoo .Amd: sse03/06/96 4 TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE REZONING REQUEST OF: Request from Springwood Associates and Craighead Realty, Inc., that ) property located on Griffin Road, S.W., identified as Official Tax ) No. 5480172 and containing 13.831 acres, more or less, be rezond from ) RS-3, Residential Single Family District, as follows: 3.0 acres, more or )AFFIDAVIT less, to C-2, General Commercial District; and 10.17 acres, more ) or less, to RPUD, Residential Planned Unit Development, 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 to the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.1-341, 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 26th day of February, 1996, notices of a public hearing to be held on the 6th day of March, 1996, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: Parcel Owner. Agent or Occupant 5480101 William and Janet Sowers 5480102 5480103 5480104 5480105 5480106 Somerset Associates c/o Jack Wingo Thomas and Mildred Webb 5480107 Beulah M. Webb 5480113 Alvin and Jeanette Turner 5480708 Gwynn H. and Eileen P. Board James and Sarah Peters 1170605 Ann S. Stone 1170803 1170807 Wayne J. and Connie B. Maddox William H. Franklin Address P. O. Box 4038 Roanoke, VA 24015 P.O. Box 8614 Roanoke, VA 24014 4236 Roy Drive, SW Roanoke, VA 24014 1797 Wades Gap Road Calloway, VA 24067 6211 Central Avenue Capital Heights, MD 20743 6265 Fairway Forest Drive Roanoke, VA 24018 3929 Three Chop Lane Roanoke, VA 24014 3924 Three Chop Lane Roanoke, VA 24014 304 Coventry Lane, SW Roanoke, VA 24014 1170810 David and Paige Willis 301 Coventry Lane, SW Roanoke, VA 24014 1171003 Robert and Patricia Kime 3712 Alton Road, SW Roanoke, VA 24014 1171004 Hunter J. and Ann I. Miller 3706 Alton Road, SW Roanoke, VA 24014 1171006 Edward and Angela Link 3702 Alton Road, SW Roanoke, VA 24014 Roy and Dawn Meyers 3702 Alton Road, SW Roanoke, VA 24014 1171205 Teodulo and Fe M. Remandaban 3839 Bosworth Drive Roanoke, VA 24014 1171206 Elizabeth C. Shackleford 3841 Bosworth Drive, SW Roanoke, VA 24014 1170503 Branch Shivers P. O. Box 8158 Roanoke, VA 24018 Additional Notices mailed to: Cliff Shepherd 3820 Bosworth Drive Roanoke, VA 24014 Karen Terry 4251 Joplin Road Roanoke, VA 24014 David Brugh 428 Darwin Road Roanoke, VA 24014 Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, 1996. this 26th day of February, ~o~a~ Pu~blic~~ My Commission Expires:~ ~/// MARY E PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.V~, Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 951-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk March 13, 1996 Edward A. Natt, Attorney Osterhoudt, Ferguson, Natt, Aheron and Agee, P. C. 1919 Electric Road, S. W. Roanoke, Virginia 24018 Dear Mr. Natt: I am enclosing copy of the City Planning Commission report with regard to the request of Springwood Associates that a certain 13.8-acre tract of land lying north of Griffin Road, adjacent to Franklin Road, S. W., and U. S. Route 220, identified as Official Tax No. 5480712, be rezoned from RS-3, Residential Single-Family District, to C-2, General Commercial District, and RPUD, Residential Planned Unit Development District, subject to certain conditions proffered by the petitioner. As you know, the request for rezoning has been advertised for public hearing before the Roanoke City Council on Monday, March 18,1996, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber. Please review the report and if you have questions, you may contact John R. Marlles, Chief of Planning and Community Development, at 981-2344. Mary F. Parker, CMC/AAE City Clerk MFP:sm Eric. . Edwm'd A. Natt March 13, 1996 Page 2 pc: Robert S. Freeman, Springwood Associates, 3214 Electric Road, S. W., Suite 200 Roanoke, Virginia 24018 Mr. and Mrs. William A. Sowers, P. O. Box 4038, Roanoke, Virginia 24018 Somerset Associates, c/o Mr. Jack Wingo, P. O. Box 8614, Roanoke, Virginia 24018 Mr. and Mrs. Thomas C. Webb, 4236 Roy Drive, S. W., Roanoke, Virginia 24013 Ms. Beulah M. Webb, 1797 Wades Gap Road, Calloway, Virginia 24067 Mr. and Mrs. Alvin Turner, 6211 Central Avenue, Capital Heights, Maryland 20743 Mr. and Mrs. Gwynn H. Board and Mr. and Mrs. James Peters, 6265 Fairway Forest Drive, S. W., Roanoke, Virginia 24018 Ms. Ann S. Stone, 3929 Three Chop Lane, S. W., Roanoke, Virginia 24014 Mr. and Mrs. Wayne J. Mattox, 3924 Three Chop Lane, S. W., Roanoke, Virginia 24014 Mr. William H. Franklin, 304 Coventry Lane, S. W., Roanoke, Virginia 24014 Mr. and Mrs. David D. Willis, 301 Coventry Lane, S. W., Roanoke, Virginia 24014 Mr. and Mrs. Robert W. Kime, 3712 Alton Road, S. W., Roanoke, Virginia 24014 Mr. and Mrs. Hunter J. Miller, 3706 Alton Road, S. W., Roanoke, Virginia 24014 Mr. and Mrs. Edward N. Link, 3702 Alton Road, S. W., Roanoke, Virginia 24014 Mr. and Mrs. Teodulo Remandaban, 3839 Bosworth Ddve, S. W., Roanoke, Virginia 24014 Ms. Elizabeth C. Shackleford, 3841 Bosworth Drive, S. W., Roanoke, Virginia 24014 Eugene M. Elliott, Jr., Attorney, 213 S.Jefferson Street, Suite 910, Roanoke, Virginia 24011 Mr. Clifton C. Shepherd, 3820 Bosworth Drive, S. W., Roanoke, Virginia 24014 Ms. Marilyn R. Donato, 3707 Alton Road, S. W., Roanoke, Virginia 24014 Mr. Talmadge A. Vinyard, 4024 Griffin Road, S. W., Roanoke, Virginia 24014 The Roanoke Times , Ad Number: 30130999 Publisher's Fee: $118.90 OSTERHOUDT FERGUSON NATT 1919 ELECTRIC RD ROANOKE, VA 24018 STATE of VIRGINIA CITY of ROANOKE AFFIDAVIT of PUBLICATION I, (the undersigned) an authorized representative of the Times-World Cor- poration, which corporation is publisher of The Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: 03/01/96 FULL RUN - Friday 03/08/96 FULL RUN - Friday Witness, this 13th day of March 1996 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, March 18, 1996, at 7:00 p.m., in the Council Chamber in the Municipal Building, 215 Church Avenue, S.W., on the question of rezoning from RS-3, Single Family Residential District, to C-2, General Commercial District and RPUD, Residential Planned Unit Development District, the following property: That certain 13.8-acre tract of land lying on the north end of Griffin Road, adjacent to the east side of Franklin Road, S.W., U.S. Route 220, and bearing Official Tax No. 5480712, subject to certain proffered conditions. A copy of this proposal is available the Office of the City Clerk, Room 456, parties in interest may appear on the above date and be the question. GIVEN under my hand this ~St~ day of February for public inspection in Municipal Building. Ail heard on , 1996. Mary F. Parker, City Clerk. Publish in the ~, once on Friday, March 1, 1996, and once on Friday, March 8, 1996. Send publisher's affidavit: Send bill to: Mary F. Parker, City Cleric Room 456, Municipal Building 215 Church Avenue, S. W. Roanoke, Virginia 24011-1536 Edward A. Natt, Attorney Osterhoudt, Ferguson, Natt, Aheron and Agee, P. C. 1919 Electric Road, S. W. Roanoke, Virginia 24018 Publish in the Roanoke Tribune, once on Thursday, February 29, 1996, and once on Thursday, March 7, 1996. Send publisher's affidavit: 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, A_heron and Agee, P. C. 1919 Electric Road, S. W. Roanoke, Virginia 24018 MARY E 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: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk February 29, 1996 File #51 Carolyn H. Coles, Chairperson City Planning Commission 1501 Cove Road, N. W. Roanoke, Virginia 24017 Dear Ms. Coles: 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 Edward A. Natt, Attorney, representing Spdngwood Associates requesting that a certain 13.8-acre tract of land lying at the north end of Griffin Road, adjacent to the east side of Franklin Road, S. W., U. S. Route 220, Official Tax No. 5480712, be rezoned from RS-3, Residential Single-Family District, to C-2, General Commercial District, and RPUD, Residential Planned Unit Development District, subject to certain conditions proffered by the petitioner. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. Carolyn H. Coles, Chairperson City Planning Commission February 29, 1996 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council Edward A. Naif, Attorney, Osterhoudt, Ferguson, Naif, Aheron & Agee, P. O. Box 20068, Roanoke, Virginia 24018-0007 Robert S. Freeman, Springwood Associates, 3214 Electric Road, S. W., Suite 200, Roanoke, Virginia 24018 John R. Marlles, Agent, City Planning Commission Martha P. Franklin, Secretary, City Planning Commission Evelyn D. Dorsey, Zoning Administrator Ronald H. Miller, Building Commissioner Steven J. Talevi, Assistant City Attorney THIRD AMENDED PETITION TO REZONE IN THE COUNCIL OF THE CITY oF ROANOKE. VIRGINIA IN RE: Rezoning of a tract of land lying on the north end of Griffin Road, adjacent to the east side of Franklin Road, S.W., U.S. Route 220, in the City of Roanoke containing a total of 13.831 acres, more or less, identified as tax map parcel 5480712, according to the tax maps of the City of Roanoke from Zoning District RS-3, Residential Single-Family District, to Zoning District C-2, General Commercial District, and Zoning District RPUD, Residential Planned Unit Development 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, Springwood Associates, owns land in the City of Roanoke containing 13.831 acres, more or less, located on the north end of Griffin Road, known as official tax map no. 5480712. Said parcel is currently zoned RS-3, Residential Single-Family District. A map 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 Petitioners request that 3.0 acres, more or less, of the said property be rezoned from RS-3, Residential Single-Family District, to C-2, General Commercial District and the remaining 10.17 acres, more or less, be rezoned from RS-3, Residential Single-Family District to RPUD, Residential Planned Unit Development, subject to certain conditions set forth below. 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 allow the sensitive development of a parcel of land in a manner consistent with adjoining properties in the area and consistent with the future development of the area. Development of the RPUD portion will allow the preservation of greenspace and development of roadways sensitive to existing topography. Development of the C-2 portion will continue the existing commercial development along U. S. Route 220. 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. The property will be developed in substantial conformity with the site plan prepared by Balzer & Associates dated November 15, 1995, revised December 20,. 1995, and further revieed~/l~/e /~C , 1996, a c~py of W~lCh is attached to the Peti~fon'fo~ Rezoning as Exhibit B, subject to any changes required during development plan review. 2. A minimum of two (2) rows of Leland Cypress trees, a minimum of 6 feet in height on ten (10) foot staggered centers, will be planted prior to receiving a Certificate of Occupancy and thereafter maintained in the buffer zone in the side yard on the northerly side of the property; said buffer to extend from the western end of the proposed commercial building located adjacent to the buffer zone to a point on the easterly line of the property of William H. Franklin (Tax Map No. 1170807). The first row will be planted at the time of commencement of construction of the project. 3. Leland Cypress trees (6 ft. tall, 10 ft. on center) will be planted prior to receiving a Certificate of Occupancy and thereafter maintained along the northerly and easterly side of the parking lot located to the east of the proposed commercial building located on the northerly side of the private road. 4. The following uses shall be the only permitted uses in the C-2 District: (A) Non-Profit Counseling Facilities and Services (B) Trade, Business and Art Schools of a Non- Industrial Nature (c) (D) Churches, Synagogues and other places of worship Library, Museums, Art Galleries and other similar uses including associated educational and instructional activities. (E) Community Centers (F) Post office (G) Indoor recreational uses alleys, indoor tennis courts, other similar uses including bowling fitness centers and (H) Theaters with unlimited seating capacity (I) General and professional offices including financial institutions (J) Medical clinics (K) Medical offices (L) Funeral Homes (M) General service establishments primarily engaged in the repair or maintenance of goods or items except automobiles, trucks or construction equipment, and including the provision of business and personal services and other similar uses. (N) (O) General retail establishments primarily engaged in the retail sale or rental of merchandise, goods, or products except automobiles, trucks, or construction equipment; and including the incidental repair and assembly of merchandise, goods or products to be sold on the premises. Auto accessory sales without related installation on premises. (P) Restaurants with a gross floor area of 2,000 square feet or less; provided that any restaurants shall be located within the commercial buildings shown on the site plan. (Q) Food stores not greater than 5,000 square feet in gross floor area. 5. That the uses permitted in the RPUD District shall be limited to the following: (A) Single Family Detached Dwellings (B) Multi-Family Dwellings (C) Parks and Playgrounds 6. The condominium units and the single family residences constructed in the RPUD District shall average at least 1,800 square feet of living area per unit, not including porches or garages. Each of the structures constructed as a condominium building shall contain an enclosed parking garage and elevator within the building. 7. In the first phase of the project, the water lines, storm water facilities, sewer lines and streets constructed on the property shall be constructed to a minimum of 550 feet from the west property line. 8. Prior to the issuance of a building permit for the building located on the north side of the private road, a building permit shall be issued for residential construction in 3 the RPUD shown on the site plan da~ed November 15 and revised December 20 and further revised ~~__~ 1996. This shall not preclude the issuance of~ lan~ disturbing and street opening permits for the commercial site and related work, including installation of utilities and curb and gutter on the north side of the private road prior to commencement of the RPUD construction. 9. No dumpsters shall be located in any buffer zone established pursuant to the rezoning. 10. The roads within the proposed 13.831 acres development will not be extended to connect to any street or road now, or at any time in the future, that will provide direct access to Edgehill Subdivision through property presently owned by Petitioners. 11. That all residences shall have frame construction with either brick, drivit and/or wood or vinyl siding exteriors to grade. The exterior design of the single family residential buildings and the condominiums shall be submitted to the Planning Commission for review and approval as a portion of the Comprehensive Development Plan Review process. Attached as Exhibit C are the names, addresses and tax numbers of the owner or owners of all lots or property immediately adjacent to or immediately across a street or road from the property to be rezoned. WHEREFORE, the Petitioner requests that the above-described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the city of Roanoke. Respectfully submitted this__ 1996. Spr, fngwood Associates hq day of F~ Respectfully Submitted,. z: \~pSO\steph \spr i r~l~oo. Amd: sse02/29/96 4 DRAWN BY DESIGNED BY cHEcKE~D BY PL. r-I DATE: REVISIONS ,, - SCALE A~,. ', ¢ TED SHEET NO. JOB NO. I MARY E 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: (540) 981-2541 Fax: (540) 224-3145 February 29, 1996 File #51 SANDRA H. EAKIN Deputy City Clerk Edward A. Naif, Attorney Osterhoudt, Ferguson, Natt, Aheron and Agee, P. C. 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, March 18, 1996, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Springwood Associates that a certain 13.8-acre tract of land lying at the north end of Griffin Road, adjacent to the east side of Franklin Road, S. W., U. S. Route 220, identified as Official Tax No. 5480712, be rezoned from RS-3, Residential Single-Family District, to C-2, General Commercial District, and RPUD, Residential Planned Unit Development District, subject to certain conditions proffered by the petitioner. For your information, I am enclosing copy of a notice of the public hearing and an Ordinance with regard to the request. Please review the documents and if you have questions, you may contact Steven J. Talevi, Assistant City Attorney, at 981-2431. The report of the City Planning Commission will be forwarded at a later date. MFP:sm Eric. Sincerely, Mary F. Parker, CMC/AAE City Clerk H:tR EZONINGV~ARCH.WI3D Edward A. Natt February 29, 1996 Page 2 pc: Robert S. Freeman, Springwood Associates, 3214 Electric Road, S. W., Suite 200 Roanoke, Virginia 24018 Mr. and Mrs. William A. Sowers, P. O. Box 4038, Roanoke, Virginia 24018 Somerset Associates, c/o Mr. Jack Wingo, P. O. Box 8614, Roanoke, Virginia 24018 Mr. and Mrs. Thomas C. Webb, 4236 Roy Drive, S. W., Roanoke, Virginia 24013 Ms. Beulah M. Webb, 1797 Wades Gap Road, Calloway, Virginia 24067 Mr. and Mrs. Alvin Turner, 6211 Central Avenue, Capital Heights, Maryland 20743 Mr. and Mrs. Gwynn H. Board and Mr. and Mrs. James Peters, 6265 Fairway Forest Drive, S. W., Roanoke, Virginia 24018 Ms. Ann S. Stone, 3929 Three Chop Lane, S. W., Roanoke, Virginia 24014 Mr. and Mrs. Wayne J. Maddox, 3924 Three Chop Lane, S. W., Roanoke, Virginia 24014 Mr. William H. Franklin, 304 Coventry Lane, S. W., Roanoke, Virginia 24014 Mr. and Mrs. David D. Willis, 301 Coventry Lane, S. W., Roanoke, Virginia 24014 Mr. and Mrs. Robert W. Kime, 3712 Alton Road, S. W., Roanoke, Virginia 24014 Mr. and Mrs. Hunter J. Miller, 3706 Alton Road, S. W., Roanoke, Virginia 24014 Mr. and Mrs. Edward N. Link, 3702 Alton Road, S. W., Roanoke, Virginia 24014 Mr. and Mrs. Teodulo Remandaban, 3839 Bosworth Drive, S. W., Roanoke, Virginia 24014 Ms. Elizabeth C. Shackleford, 3841 Bosworth Drive, S. W., Roanoke, Virginia 24014 H:',REZONIN(3'iMARCH.WPO MARY E 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: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk February 29, 1996 File #51 Edward A. Natt, Attorney Osterhoudt, Ferguson, Natt, Aheron and Agee, P. C. 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, March 18, 1996, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Springwood Associates that a certain 13.8-acre tract of land lying at the north end of Griffin Road, adjacent to the east side of Franklin Road, S. W., U. S. Route 220, identified as Official Tax No. 5480712, be rezoned from RS-3, Residential Single-Family District, to C-2, General Commercial District, and RPUD, Residential Planned Unit Development District, subject to certain conditions proffered by the petitioner. For your information, I am enclosing copy of a notice of the public hearing and an Ordinance with regard to the request. Please review the documents and if you have questions, you may contact Steven J. Talevi, Assistant City Attorney, at 981-2431. The report of the City Planning Commission will be forwarded at a later date. .Edward A. Natt February 29, 1996 Page 2 It will be necessary for you, or your representative, to be present at the March 18 public hearing. Failure to appear could result in a deferral of the request for rezoning until a later date. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. MARY E 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: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk February 15, 1996 File #51 Carolyn H. Coles, Chairperson City Planning Commission 1501 Cove Road, N. W. Roanoke, Virginia 24017 Dear Ms. Coles: 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 Edward A. Natt, Attorney, representing Springwood Associates requesting that a tract of land located at the north end of Griffin Road, S. W., adjacent to the east side of Franklin Road, U. S. Route 220, containing 13.831 acres, more or less, identified as Official Tax No. 5480712, be rezoned from RS-3, Residential Single-Family District, to C-2, General Commercial District, and RPUD, Residential Planned Unit Development District, subject to certain conditions proffered by the petitioner. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc, Carolyn H. Coles, Chairperson City Planning Commission February 15, 1996 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council Edward A. Naif, Attorney, Osterhoudt, Feguson, Naif, Aheron & Agee, P. O. Box 20068, Roanoke, Virginia 24018-0007 Robert S. Freeman, Springwood Associates, 3214 Electric Road, S. W., Suite 200, Roanoke, Virginia 24018 John R. Marlles, Agent, City Planning Commission Martha P. Franklin, Secretary, City Planning Commission Evelyn D. Dorsey, Zoning Administrator Ronald H. Miller, Building Commissioner Steven J. Talevi, Assistant City Attorney H:',REZONINQ'~PRIN(3WO,WPD SECOND AMENDED PETITION TO REZONE IN THE COUNCIL OF THE CITY OF ROANOKE, IN RE: VIRGINIA Rezoning of a tract of land lying on the north end of Griffin Road, adjacent to the east side of Franklin Road, S.W., U.S. Route 220, in the City of Roanoke containing a total of 13.831 acres, more or less, identified as tax map parcel 5480712, according to the tax maps of the City of Roanoke from Zoning District RS-3, Residential Single-Family District, to Zoning District C-2, General Commercial District, and Zoning District RPUD, Residential Planned Unit Development District, such rezoning to be subject to certain conditions. TO THE HONORABLE MAYORAND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, Springwood Associates, owns land in the City of Roanoke containing 13.831 acres, more or less, located on the north end of Griffin Road, known as official tax map no. 5480712. Said parcel is currently zoned RS-3, Residential Single-Family District. A map 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 Petitioners request that 3.0 acres, more or less, of the said property be rezoned from RS-3, Residential Single-Family District, to C-2, General Commercial District and the remaining 10.17 acres, more or less, be rezoned from RS-3, Residential Single-Family District to RPUD, Residential Planned Unit Development, subject to certain conditions set forth below. 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 allow the sensitive development of a parcel of land in a manner consistent with adjoining properties in the area and consistent with the future development of the area. Development of the RPUD portion will allow the preservation of greenspace and development of roadways sensitive to existing topography. Development of the C-2 portion will continue the existing commercial development along U. S. Route 220. 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. The property will be developed in substantial conformity with the site plan prepared by Balzer & Associates dated November 15, 1995, and revised December 20, 1995, a copy of which is attached to the Petition for Rezoning as Exhibit B, subject to any changes required during development plan review. 2. A minimum of two (2) rows of Leland Cypress trees, a minimum of 6 feet in height on ten (10) foot staggered centers, will be planted prior to receiving a Certificate of Occupancy and thereafter maintained in the buffer zone in the side yard on the northerly side of the property; said buffer to extend from the western end of the proposed commercial building located adjacent to the buffer zone to a point on the easterly line of the property of William H. Franklin (Tax Map No. 1170807). 3. Leland Cypress trees (6 ft. tall, 10 ft. on center) will be planted prior to receiving a Certificate of Occupancy and thereafter maintained along the northerly and easterly side of the parking lot located to the east of the proposed commercial building located on the northerly side of the private road. 4. The following uses shall be the only permitted uses in the C-2 District: (A) Non-Profit Counseling Facilities and Services (B) Trade, Business and Art Schools of a Non- Industrial Nature (C) Churches, Synagogues and other places of worship (D) Library, Museums, Art Galleries and other similar uses including associated educational and instructional activities. (E) Community Centers (F) Post Office (G) Indoor recreational uses including bowling alleys, indoor tennis courts, fitness centers and other similar uses (H) Theaters with unlimited seating capacity (I) General and professional financial institutions offices including (J) Medical clinics (K) Medical offices (L) Funeral Homes (M) General service establishments primarily engaged in the repair or maintenance of goods or items except automobiles, trucks or construction equipment, and including the provision of business and personal services and other similar uses. (N) General retail establishments primarily engaged in the retail sale or rental of merchandise, goods, or products except automobiles, trucks, or construction equipment; and including the incidental repair and assembly of merchandise, goods or products to be sold on the premises. (O) Auto accessory sales without related installation on premises. (P) (Q) Restaurants with a gross floor area of 2,000 square feet or less; provided that any restaurants shall be located within the commercial buildings shown on the site plan. Food stores not greater than 5,000 square feet in gross floor area. 5. That the uses permitted in the RPUD District shall be limited to the following: (A) Single Family Detached Dwellings (B) Multi-Family Dwellings (C) Parks and Playgrounds 6. The condominium units and the single family residences constructed in the RPUD District shall average at least 1,800 square feet of living area per unit, not including porches or garages. Each of the structures constructed as a condominium building shall contain an enclosed parking garage and elevator within the building. 7. In the first phase of the project, the water lines, storm water facilities, sewer lines and streets constructed on the property shall be constructed to a minimum of 550 feet from the west property line. 8. Prior to the issuance of a building permit for the )uilding located on the north side of the private road, a )uilding permit shall be issued for residential construction in ~he RPUD shown on the site plan dated November 15 and revised )ecember 20. This shall not preclude the issuance of a land listurbing and street opening permits for the commercial site tnd related work, including installation of utilities and curb tnd gutter on the north side of the private road prior to :ommencement of the RPUD construction. ~STERHDUDT. FERGUSON, NATT, AHERDN & AGEE ATTDRNEYS"AT-LAW ROANQKE, VIREINIA Attached as Exhibit C are the names, addresses and tax numbers of the owner or owners of all lots or property immediately adjacent to or immediately across a street or road from the property to be rezoned. 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. S~r~fngwood Associates Respectfully Submitted, z: \wp50\steph\spr ing~oo. Amd: sse02/09/96 Ad Number: 20219298 Publisher's Fee: $59.45 SPRINGWOOD ASSOCIATES 3214 ELECTRIC ROAD, S.W. SUITE 200 ROANOKE, VA 24018 The Roanoke Times STATE of VIRGINIA CITY of ROANOKE AFFIDAVIT of PUBLICATION I, (the undersigned) an authorized representative of the Times-World Cor- poration, which corporation is publisher of The Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: 02/02/96 FULL RUN - Friday Witness, this 16th day of February 1996 Authorized Signature FEB-~$-1996 1~:44 OSTERHOUDT FERGUSON NRTT 540 7?4 0961 P,02/02 OSTER. HOUDT. FERGU$ON NATT, AHER. ON 8 AGE£ February 5, 1996 Mary F. Parker, Clerk City of Roanoke 215 Church Avenue, SW Roanoke, VA 24011 RE: Springwood Associates Rezoning Dear Ms. Parker: The above matter has been preadvertised for consideration by the RoanoKe City council for its meeting on Tuesday, February 20. The Petitioner has requested the Planning Commission once again defer action on this matter, so I would respectfully request that the public hearing scheduled for February 20 be continued to the meeting of City Council in March at which rezoning petitions will be considered. I do not plan on appearing on Monday, February 20. should my presence be necessary, please advise. Very truly yours, gdward A. Natt E~/sse pc: John R. Marlles, Agent Roanoke City Planning Commission Room 162, Municipal Building 215 Church Avenue, SW Roanoke, VA 24011 rix T~PXZ 774-1469 Doug Freeman 3214 Electric Road Suite 200 Roanoke, VA 24018 TOTAL P.02 FEB-05-1996 15:49 I 540 ??4 0961 96% P.02 MEB-05-1996 15:44 OSTERHOUDT FERGUSON NATT 1 540 774 8961 P,01/82 OSTERHOUDT. FER. GLISON. NATT. AHER. ON ~ AGEE TO: Mary F. Parker City Clerk TELEFAX NUMBER: 224-3145 FROM: Edward A. Natt, Esquire OUR FILE NO.: Springwood This transmittal consists of ~ pages including cover sheet. PLEASE NOTIFY US IMMEDIATELY IF PROPERLY BY CAT$,ZNG THE SENDER AT SENDER: Stephanie England DATE SENT: February 5, 1996 TIME SENT: 3:36 p.m. THIS TELEFAX IS NOT RECEIVED (540) 774-1197 The information contained in this facsimile message is attorney privileged and confidential information intended only for ~he use of the individual or entity named above. If the reader o£ this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone and return the original message to us at the above address via the U.S. Postal Service. We will reimburse your for postage. Thank you. FEB-05-1996 15:49 i 540 774 0961 95X P.O1 LAW OFFICES OSTERHOUDT, FERGUSON, NATT, AHERON ~ AGEE A PROF£SS[ONAL CORPORATION TELEF&X COVER SHEE? TO: Mary F. Parker City Clerk TELEFAX NUMBER: 224-3145 FROM: Edward A. Natt, Esquire OUR FILE NO.: EAN-95-14183 This transmittal consists of ~ pages including cover sheet. PLEASE NOTIFY US IMMEDIATELY IF PROPERLY BY CALLING THE SENDER AT SENDER: Stephanie England DATE SENT: February 5, 1996 TIME SENT: 2:11 p.m. THIS TELEFAX IS NOT RECEIVED (540) 774-1197 The information contained in this facsimile message is attorney privileged and confidential information intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone and return the original message to us at the above address via the U.S. Postal Service. We will reimburse your for postage. Thank you. LAW OFFICES OSTERHOUDT, FERGUSON. NATT, AHERON 8 AGEE February 5, 1996 Mary F. Parker, Clerk City of Roanoke 215 Church Avenue, SW Roanoke, VA 24011 RE: Springwood Associates Rezoning Dear Ms. Parker: The above matter has been preadvertised for consideration by the Roanoke City Council for its meeting on Monday, February 12. The Petitioner has requested the Planning Commission once again defer action on this matter, so I would respectfully request that the public hearing scheduled for February 12 be continued to the meeting of City Council in March at which rezoning petitions will be considered. I do not plan on appearing on Monday, February 12. Should my presence be necessary, please advise. Very truly yours, Edward A. Natt EAN/sse pc: John R. Marlles, Agent Roanoke City Planning Commission Room 162, Municipal Building 215 Church Avenue, SW Roanoke, VA 24011 VI~ TELEFAX 774-1469 Doug Freeman 3214 Electric Road Suite 200 Roanoke, VA 24018 VIA TELEFAX 982-5660 Eugene M. Elliott, Jr., Esquire 910 First Union Bank Building Roanoke, VA 24011 NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant to the provisions of Article VII of Chapter 36.1, Code of the City of Roanoke (1979), as amended, the Council of the City of Roanoke will hold a Public Hearing on Tuesday, February 20, 1996, at 7:00 p.m., in the Council Chamber in the Municipal Building, 215 Church Avenue, S.W., on the question of rezoning from RS-3, Single Family Residential District, to C-2, General Commercial District and RPUD, Residential Planned Unit Development District, the following property: That certain 13.8-acre tract of land lying on the north end of Griffin Road, adjacent to the east side of Franklin Road, S.W., U.S. Route 220, and bearing Official Tax No. 5480712, subject to certain proffered conditions. A copy of this proposal is available the Office of the City Clerk, Room 456, parties in interest may appear on the above date and be heard the question. GIVEN under my hand this 3]~t day of for public inspection in Municipal Building. Ail on Mary F. Parker, City Clerk. Publish in the Roanoke Tribune, once on Thursday, February 1, 1996, and once on Thursday, February 8, 1996. 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 Robert S. Freeman Springwood Associates 3214 Electric Road, S. W. Suite 200 Roanoke, Virginia 24018 Publish in the Roanoke Times, once on Friday, February 2, 1996, and once on Friday, February 9, 1996. Send publisher's affidavit: Send bill to: Mary F. Parker, City Clerk Room 456, Municipal Building 215 Church Avenue, S. W. Roanoke, Virginia 24011-1536 Robert S. Freeman Springwood Associates 3214 Electric Road, S. W. Suite 200 Roanoke, Virginia 24018 MARY E PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.V~, Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City C/ark February 1, 1996 File #51 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Members of Council: 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 to be held on Tuesday, February 20, 1996, at 7:00 p.m., on the request of Springwood Associates and Craighead Realty, Inc., that a tract of land containing 13.8 acres, more or less, located at the north end of Griffin Road, S. W., adjacent to the east side of Franklin Road, U. S Route 220, and identified as Official Tax No. 5480712, be rezoned from RS-3, Single Family Residential District, to C-2, General Commercial District, and RPUD, Residential Planned Unit Development District, subject to certain conditions proffered by the petitioner. If you desire additional information pdor to the public hearing, please do not hesitate to call me. MFP:sm Sincerely, Mary F. Parker, CMC/AAE City Clerk Enc. The Honorable Mayor and Members of the Roanoke City Council February 1, 1996 Page 2 pc: W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney Steven J. Talevi, Assistant City Attorney Willard N. Claytor, Director of Real Estate Valuation Kathy L. Brickey, Appraiser Aide, Real Estate Valuation Kit B. Kiser, Director of Utilities and Operations William F. Clark, Director of Public Works Charles M. Huffine, City Engineer Ronald H. Miller, Building Commissioner, w/enclosures John R. Marlles, Agent, City Planning Commission, w/enclosures Evelyn D. Dorsey, Zoning Administrator, w/enclosures Martha P. Franklin, Secretary, City Planning Commission TO THE CITY CLERK OF THE CITY OF ROANOKE~, VIRG . , ~12~ PERTAINING TO THE REZONING REQUEST OF: Request from Springwood Associates and Craighead Realty, Inc., that ) property located on Griffin Road, S.W., identified as Official Tax ) No. 5480172 and containing 13.831 acres, more or less, be rezond from ) RS-3, Residential Single Family District, as follows: 3.0 acres, more or )AFFIDAVIT less, to C-2, General Commercial District; and 10.17 acres, more ) or less, to RPUD, Residential Planned Unit Development, 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 to the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.1-341, Code of Vkginia, (1950), as mended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 29th day of January, 1996, notices of a public hearing to be held on the 7th day of February, 1996, 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 5480101 William and Janet Sowers P. O. Box 4038 Roanoke, VA 24015 5480102 5480103 5480104 5480105 Somerset Associates c/o Jack Wingo P. O. Box 8614 Roanoke, VA 24014 5480106 Thomas and Mildred Webb 4236 Roy Drive, SW Roanoke, VA 24014 5480107 Beulah M. Webb 1797 Wades Gap Road Calloway, VA 24067 5480113 Alvin and Jeanette Turner 6211 Central Avenue Capital Heights, MD 20743 5480708 Gwynn H. and Eileen P. Board James and Sarah Peters 6265 Fairway Forest Drive Roanoke, VA 24018 1170605 Ann S. Stone 3929 Three Chop Lane Roanoke, VA 24014 1170803 Wayne J. and Connie B. Maddox 3924 Three Chop Lane Roanoke, VA 24014 1170807 William H. Franklin 304 Coventry Lane, SW Roanoke, VA 24014 1170810 David and Paige Willis 301 Coventry Lane, SW Roanoke, VA 24014 1171003 1171004 1171006 1171205 1171206 Robert and Patricia Kime Hunter J. and Ann I. Miller Edward and Angela Link Roy and Dawn Meyers Teodulo and Fe M. Remandaban Elizabeth C. Shackleford 3712 Alton Road, SW Roanoke, VA 24014 3706 Alton Road, SW Roanoke, VA 24014 3702 Alton Road, SW Roanoke, VA 24014 3702 Alton Road, SW Roanoke, VA 24014 3839 Bosworth Drive Roanoke, VA 24014 3841 Bosworth Drive, SW Roanoke, VA 24014 Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 29th day of January, 1996. ~ Iqotmy Public My Commission Expires:~ (~//.~ TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE REZONING REQUEST OF: Request from Spfingwood Associates and Craighead Realty, Inc., that ) property located on Griffin Road, S.W., identified as Official Tax ) No. 5480172 and containing 13.831 acres, more or less, be rezond from ) RS-3, Residential Single Family District, as follows: 3.0 acres, more or )AFFIDAVIT less, to C-2, General Commercial District; and 10.17 acres, more ) or less, to RPUD, Residential Planned Unit Development, such rezoning ) to be subject to certain conditions proffered by the petitioner. ) COMMONWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) The affiant, Martha Pace Franldin, first being duly sworn, states that she is Secretary to the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.1-341, 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 26th day of December, 1995, notices of a public heating to be held on the 3rd day of January, 1996, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: Parcel Owner. Agent or Ocgupant Address 5480101 William and Janet Sowers P. O. Box 4038 Roanoke, VA 24015 5480102 5480103 5480104 5480105 Somerset Associates c/o Jack Wingo P. O. Box 8614 Roanoke, VA 24014 5480106 Thomas and Mildred Webb 4236 Roy Drive, SW Roanoke, VA 24014 5480107 Beulah M. Webb 1797 Wades Gap Road Calloway, VA 24067 5480113 Alvin and Jeanette Turner 6211 Central Avenue Capital Heights, MD 20743 5480708 Gwynn H. and Eileen P. Baord James and Sarah Peters 6265 Fairway Forest Drive Roanoke, VA 24018 1170605 Ann S. Stone 3929 Three Chop Lane Roanoke, VA 24014 1170803 Wayne J. and Connie B. Maddox 3924 Three Chop Lane Roanoke, VA 24014 1170807 William H. Franklin 304 Coventry Lane, SW Roanoke, VA 24014 1170810 David and Paige Willis 301 Coventry Lane, SW Roanoke, VA 24014 1171003 1171004 1171006 1171205 1171206 Robert and Patricia Kime Hunter J. and Ann I. Miller Edward and Angela Link Roy and Dawn Meyers Teodulo and Fe M. Remandaban Elizabeth C. Shackleford Martha Pace Franklin 3712 Alton Road, SW Roanoke, VA 24014 3706 Alton Road, SW Roanoke, VA 24014 3702 Alton Road, SW Roanoke, VA 24014 3702 Alton Road, SW Roanoke, VA 24014 3839 Bosworth Drive Roanoke, VA 24014 3841 Bosworth Drive, SW Roanoke, VA 24014 SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 26th day of December, 1995. Notary Public 6/ ~ My Commission Expires: MARY E PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, $.W,, Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk January 10, 1996 File #51 Carolyn H. Coles, Chairperson City Planning Commission 1501 Cove Road, N. W. Roanoke, Virginia 24017 Dear Ms. Coles: 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 Springwood Associates requesting that a tract of land located at the north end of Griffin Road, S. W., adjacent to the east side of Franklin Road, U. S. Route 220, containing 13.831 acres, more or less, identified as Official Tax No. 5480712, be rezoned from RS-3, Residential Single-Family District, to C-2, General Commercial District, and RPUD, Residential Planned Unit Development District, subject to certain conditions proffered by the petitioner. ~"~'~"~'Sincerely' Mary F. Parker, CMC/AAE City Clerk MFP:sm r/springwood Enc. Carolyn H. Coles, Chairperson January 10, 1996 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council Robert S. Freeman, Springwood Associates, 3214 Electric Road, S. W., Suite 200, Roanoke, Virginia 24018 John R. Marlles, Agent, City Planning Commission Martha P. Franklin, Secretary, City Planning Commission Evelyn D. Dorsey, Zoning Administrator Ronald H. Miller, Building Commissioner Steven J. Talevi, Assistant City Attorney FIRST AMENDED PETITION TO REZONE IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Rezoning of a tract of land lying on the north end of Griffin Road, adjacent to the east side of Franklin Road S.W., U.S. Route 220, in the City of Roanoke containing a total of 13.831 acres, more or less, identified as tax map parcel 5480712, according to the tax maps of the City of Roanoke from Zoning District RS-3, Residential Single- Family District, to Zoning District C-2, General Commercial District, and Zoning District RPUD, Residential Planned Unit Development 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, Springwood Associates, owns land in the City of Roanoke containing 13.831 acres, more or less, located on the north end of Griffin Road, known as official tax map no. 5480712. Said parcel is currently zoned RS-3, Residential Single-Family District. A map 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 Petitioners request that 3.0 acres, more or less, of the said property be rezoned from RS-3, Residential Single-Family District, to C-2, General Commercial District and the remaining 10.17 acres, more or less, be rezoned from RS-3~ Residential Single-Family District to RPUD, Residential Planned Unit Development, subject to certain conditions set forth below. 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 allow the sensitive development of a parcel of land in a manner consistent with adjoining properties in the area and consistent with the future development of the area. Development of the RPUD portion will allow the preservation of greenspace and development of roadways sensitive to existing topography. Development of the C-2 portion will continue the existing commercial development along U.S. Route 220. 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: That the property will be developed in substantial conformity with the concept plan prepared by Balzer & Associates dated November 15, 1995, and revised December 20, 1995, a copy of which is attached to the Petition for Rezoning as Exhibit B, subject to any changes required during site plan development. Attached as Exhibit C are the names, addresses and tax numbers of the owner or owners of all lots or property immediately adjacent to or immediately across a street or road from the property to be rezoned. 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. 1995. Respectfully Su~mi~tted, ~ '1 LEGAL DESCRIPTION OF A 13.831 ACRES TRACT OF LAND, BEING THE LAND CONVEYED TO CRAIGHEAD REAL ESTATE, INC. IN DEED BOOK 1673, PAGE 1441 IN T~E CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF ROANOKE~ VIRGINIA NOVEMBER 14, 1995 B & A PROJECT NO. 95168 BEGINNING at a point on the easterly right of way of Route 220, said point also being the southeasterly corner of the land conveyed to Billy H. Branch in Deed Book 1323 page 169; THENCE with the line of Branch and Edgehill Estates, Sections 2 and 3, N 79056'00'' E, 1465.55' to a point; THENCE with the line of Edgehill Estates, Section 4, S 10°04'10'' E, 436.54' to a point; THENCE with line of Southern Hills, Section 1, Block 1, the right of way of Griffin Road, and the. land of Gwynn H. Board et al, S 79042'40'' W, 1217.35 to a point; THENCE with Board line the following courses and distances: S 00042'40'' W, 30.60'; S 79042'40'' W, 45.00' to a point; THENCE with the right of way of Route 220 the following courses and distances: N 23037'33'' W, 88.99'; N 34058'03'' W, 49.39'; N 42052'44'' W, 51.78'; N 33°22'15'' W, 323.03' to the BEGINNING containing 13.831 acres POINT AND PLACE OF from records. EXHIBIT C ADJOINING PROPERTY OWNERS TAX MAP NO.: 5480101 WILLIAM A. & JANET A. P.O. BOX 4036 ROANOKE, VA 24015 ZONE: RS-3 SOWERS TAX MAP NO.: 5480102 SOMERSET ASSOCIATES % JACK WINGO P.O. BOX 8614 ROANOKE, VA 24014 ZONE: RS-3 TAX MAP NO.: 5480103 SOMERSET ASSOCIATES % JACK WINGO P.O. BOX 8614 ROANOKE, VA 24014 ZONE: RS-3 TAX MA~P NO.: 5480104 SOMERSET ASSOCIATES % JACK WINGO P.O. BOX 8614 ROANOKE~ VA 24014 ZONE: RS-3 TAX MAP NO.: 5480105 SOMERSET ASSOCIATES % JACK WINGO P.O. BOX 8614 ROANOKE, VA 24014 ZONE: RS-3 TAX MAP NO.: 5480106 THOMAS C. & MILDRED LEE WEB~ 4236 ROY DRIVE, S.W. ROANOKE, VA 24014 ZONE: RS-3 TAX MAP NO.: 5480107 BEULAH M. WEBB RT. id BOX 139 ROANOKE, VA 24014 ZONE: RS-3 TAX MAP NO.: 1170503 BRANCH-SHIVERS P.O. BOX 8158 ROANOKE VA 24018 ZONE: C2 TAX MAP NO.: 1170605 ANN S. STONE 3929 THREE CHOP LANE ROANOKE VA 24014 ZONE: RS-1 TAX MAP NO.: 1170803 WAYNE J. & CONNIE B. MADDOX 3924 THREE CHOP LANE ROANOKE, VA 24014 ZONE: RS-1 TAX MAP NO.: 1170807 WILLIAM H. FRANKLIN 304 COVENTRY LANE, S.W. ROANOKE VA 24014 ZONE: RS-1 TAX MAP NO.: 1170810 DAVID D. & PAIGE B. WILLIS 301 COVENTRY LANE, S.W. ROANOKE, VA 24014 ZONE~ RS-1 TAX MAP NO.: 1171003 ROBERT W. & PATRICIA S. KIME 3712 ALTON ROAD, S.W. ROANOKE, VA 24014 ZONE: RS-1 TAX MAP NO.: 1171004 HUNTER J. & ANN I. MILLER 3706 ALTON ROAD, S.W. ROANOKE VA 24014 ZONE: RS-1 TAX MAP NO.: 1171006 EDWARD N. LINK JR. & ANGELA C. 3702 ALTON ROAD, S.W. ROANOKE, VA 24014 ZONE: RS-1 TAX MAP NO.: 1171205 TEODULO & FEM. REMANDABAN 3839 BOSWORTH DRIVE, S.W. ZONE: RS-1 LINK TAX MAP NO.: 1171004 HUNTER J. & ANN I. MILLER 3706 ALTON ROAD, S.W. ROANOKE, VA 24014 ZONE: RS-1 TAX MAP NO.: 1171006 EDWARD N. LINK JR. & ANGELA C. 3702 ALTON ROAD, S.W. ROANOKE, VA 24014 ZONE: RS-1 TAX MAP NO.: 1171205 TEODULO & FEM. REMANDABAN 3839 BOSWORTH DRIVE, S.W. ZONE: RS-1 LINK TAX MAP NO.: 1171206 ELIZABETH COWAN SHACKLEFORD 3841 BOSWORTH DRIVE, S.W. ROANOKE, VA 24014 ZONE: RS-1 I DRAWN BY 121Z. E~ DESIGNED BY ?L.M CHECKED BY PL.I'd DATE: NOIfL:MSE. I~:ZI~I~ REVISIONS SCALE A~ NOTED SHEET NO. JOB NO. MARY E 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: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk November 20, 1995 File #51 Carolyn H. Coles, Chairperson City Planning Commission 1501 Cove Road, N. W. Roanoke, Virginia 24017 Dear Ms. Coles: 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 Springwood Associates requesting that a tract of land located at the north end of Griffin Road, S. W., adjacent to the east side of Franklin Road, U. S. Route 220, containing 13.831 acres, more or less, identified as Official Tax No. 5480712, be rezoned from RS-3, Residential Single-Family District, to C-2, General Commercial District, and RPUD, Residential Planned Unit Development District, subject to certain conditions proffered by the petitioner. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm r/springwood Enc. Carolyn H. Coles, Chairperson November 20, 1995 Page 2 pc~ The Honorable Mayor and Members of the Roanoke City Council Robert S. Freeman, Springwood Associates, 3214 Electric Road, S. W., Suite 200, Roanoke, Virginia 24018 John R. Marlles, Agent, City Planning Commission Martha P. Franklin, Secretary, City Planning Commission Evelyn D. Dorsey, Zoning Administrator Ronald H. Miller, Building Commissioner Steven J. Talevi, Assistant City Attorney PETITION TO REZONE IN THE COUNCIL OF THE CITY OF ROANOKEf VIRGINIA IN RE: Rezoning of a tract of land lying on the north end of Griffin Road, adjacent to the east side of Franklin Road S.W., U.S. Route 220, in the City of Roanoke containing a total of 13.831 acres, more or less, identified as tax map parcel 5480712, according to the tax maps of the City of Roanoke from Zoning District RS-3, Residential Single- Family District, to Zoning District C-2, General Commercial District, and Zoning District RPUD, Residential Planned Unit Development 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, Springwood Associates and Craighead Realty, Inc., own land in the City of Roanoke containing 13.831 acres, more or less, located on the north end of Griffin Road, known as official tax map no. 5480712. Said parcel is currently zoned RS-3, Residential Single-Family District. A map 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 Petitioners request that 3.0 acres, more or less, of the said property be rezoned from RS?3! Residential Single-Family District,~and the remaining 10.17 acres, more or less, be rezoned from RS-3, Residential Single-Family District to RPUD, Residential Planned Unit Department, subject to certain conditions set forth below. 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 allow the sensitive development of a parcel of land in a manner consistent with adjoining properties in the area and consistent with the future development of the area. Development of the RPUD portion will allow the preservation of greenspace and development of roadways sensitive to existing topography. Development of the C-2 portion will continue the existing commercial development along U.S. Route 220. m 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: That the property will be developed in substantial conformity with the concept plan prepared by Balzer & Associates dated November 15, 1995, a copy of which is attached to the Petition for Rezoning as Exhibit B, subject to any changes required during site plan development. Attached as Exhibit C are the names, addresses and tax numbers of the owner or owners of all lots or property immediately adjacent to or immediately across a street or road from the property to be rezoned. WHEREFORE, the Petitioner requests that the above-described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this/ ~ day of 1995. Respectf~ly Sub~itJ~d, Springw6o~ ASsociates, Contract Purchaser C~&ig~ea-d R-ealt~ Inc., Owner~' 0 LEGAL DESCRIPTION OF A 13.831 ACRES TRACT OF LkND, BEING THE LAND CONVEYED TO CRAIGHEAD REAL ESTATE, INC. IN DEED BOOK 1673, PAGE 1441 IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF ROANOKE, VIRGINIA NOVEMBER 14, 1995 B & A PROJECT NO. 95168 BEGINNING at a point on the easterly right of way of Route 220, said point also being the southeasterly corner of the land conveyed to Billy H. Branch in Deed Book 1323 page 169; THENCE with the line of Branch and Edgehill Estates, Sections 2 and 3, N 79°56'00'' E, 1465.55' to a point; THENCE with the line of Edgehill Estates, Section 4, S 10°04'10'' E, 436.54' to a point; THENCE with line of Southern Hills, Section 1, Block 1, the right of way of Griffin Road, and the land of Gwynn H. Board et al, S 79~42'40" W, 1217.35 to a point; THENCE with Board line the following courses and distances: S 00~42'40'' W, 30.60'; S 79°42'40'' W, 45.00' to a point; THENCE with the right of way of Route 220 the following courses and distances: N 23~37'33'' W, 88.99'; N 34~58'03'' W, 49.39'; N 42°52'44" W, 51.78'; N 33~22'15" W, 323.03' to the POINT AND PLACE BEGINNING containing 13.831 acres from records. OF EXHIBIT C ADJOINING PROPERTY OWNERS TAX MAP NO.: 5480101 WILLIAM A. & JANET A. SOWERS P.O. BOX 4036 ROANOKE, VA 24015 ZONE: RS-3 TAX MAP NO.: 5480102 SOMERSET ASSOCIATES % JACK WINGO P.O. BOX 8614 ROANOKE, VA 24014 ZONE: RS-3 TAX MAP NO.: 5480103 SOMERSET ASSOCIATES % JACK WINGO P.O. BOX 8614 ROANOKE, VA 24014 ZONE: RS-3 TAX MAP NO.: 5480104 SOMERSET ASSOCIATES % JACK WINGO P.O. BOX 8614 ROANOKE~ VA 24014 ZONE: RS-3 TAX MAP NO.: 5480105 SOMERSET ASSOCIATES % JACK WINGO P.O. BOX 8614 ROANOKE, VA 24014 ZONE: RS-3 TAX MAP NO.: 5480106 THOMAS C. & MILDRED LEE WEBB 4236 ROY DRIVE, S.W. ROANOKE, VA 24014 ZONE: RS-3 TAX MAP NO.: 5480107 BEULAH M. WEBB RT. 1, BOX 139 ROANOKE, VA 24014 ZONE: RS-3 TAX MAP NO.: 5480113 ALVIN & JEANETTE B. TURNER 6211 CENTRAL AVENUE CAPITAL ~HEIGHTS, MD 20743 ZONE: RS-3 TAX ~ NO.: 5480708 GWYNN. H. & EILEEN P. BOARD JAMES M. & SARAH S. PETERS 6265 FAIRWAY FOREST DRIVE ROANOKE VA 24018 ZONE: RS-3 TAX MAP NO.: 1170503 BRANCH-SHIVERS P.O. BOX 8158 ROANOKE VA 24018 ZONE: C2 T/Q[ MAP NO.: 1170605 WAYNE J. & CONNIE B. MADDOX 3929 THREE CHOP LANE ROANOKE VA 24014 ZONE: RS-1 TAX MAP NO.: 1170803 WAYNE J. & CONNIE B. MADDOX 3924 THREE CHOP LANE ROANOKE, VA 24014 ZONE: RS-1 TAX MAP NO.: 1170807 WILLIAM H. FRANKLIN 304 COVENTRY LANE, S.W. ROANOKE VA 24014 ZONE: RS-1 TAX MAP NO.: 1170810 DAVID D. & PAIGE B. WILLIS 301 COVENTRY LA/NE, S.W. ROANOKE VA 24014 ZONE: RS-1 TAX MAP NO.: 1171003 ROBERT W. & PATRICIA S. KIME 3712 ALTON ROAD, S.W. ROANOKE VA 24014 ZONE: RS-1 TAX MAP NO.: 1171004 HUNTER J. & ~ I. MILLER 3706 ALTON ROAD, S.W. ROANOKE, VA 24014 ZONE: RS-1 TAX ~ NO.: 1171006 EDWARD N. LINK JR. & ANGELA C. 3702 ALTON ROAD, S.W. ROANOKE, VA 24014 ZONE: RS-1 TAX MAP NO.: 1171205 TEODULO & FEM. REMANDABAN 3839 BOSWORTH DRIVE, S.W. ZONE: RS-1 LINK TAX MAP NO.: 1171206 ELIZABETH COWAN SHACKLEFORD 3841 BOSWORTH DRIVE, S.W. ROANOKE, VA 24014 ZONE: RS-1 I / / I / /× / / / / / DRAWN BY i71~ I~ DESIGNED BY PLAZ CHECKED BY F:'L hl DATE: NOVEM~E.R /~1995 REVISIONS SCALE A~ NOTED SHEET NO ] °~- ] JOB NO. MARY E 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: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk April 3, 1996 File #132-247-258 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, April 1, 1996, Vice-Mayor White inquired as to when Council will receive a report with regard to conditions of the Section 108 Loan on The Hotel Roanoke & Conference Center. With the concurrence of Council, the request was referred to you for report. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:sm