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33362
ROANOKE CITY COUNCIL
ROANOKE REDEVELOPMENT AND
HOUSING AUTHORITY
JOINT MEETING
May 5, 1997
12:00 noon
EMERGENCY OPERA TIONS CENTER
CONFERENCE ROOM
AGENDA
1. Call to Order -- Roll Call. All Present.
2. Welcome. Mayor Bowers.
3. Henry Street. Mayor Bowers.
4. Downtown housing. Mayor Bowers.
5. Update on Roanoke Redevelopment and Housing Authority activities.
Chairperson Anderson.
6. Remarks by Council Members and Housing Authority Commissioners.
7. Other Business.
At 1:35 p.m., the meeting was declared in recess until 2:00 p.m.
2
ROANOKE CITY CO UNCIL
REGULAR SESSION
May 5, 199 7
2:00p. m.
CITY COUNCIL CHAMBER
AGENDA FOR THE COUNCIL
1. Call to Order -- Roll Call. Ali Present.
The Invocation was delivered by The Reverend Robert Watts,
Associate Pastor, Greene Memorial United Methodist Church.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor David A. Bowers.
Welcome. Mayor Bowers.
3
PRESENTATIONS:
Recognition of 1997 Roanoke City Boxing Association Championship
achievements. Mayor David A. Bowers and James O. Trout, Chairperson,
Board of Directors, Roanoke City Boxing Association.
File #406
Proclamation designating the month of May 1997 as Virginia Heritage
Tourism Weeks.
File #3-336
Presentation with regard to local preservation efforts. Dr. John Kern,
Director, Roanoke Regional Preservation Office; D. Kent Chrisman, President-
Elect, Roanoke Valley Preservation Foundation; and Whitney H. Fcldmann,
Governmental Relations Committee, Spokespersons. (15 minutes)
Remarks were received and fried.
File #216
THE PUBLIC IS ADVISED THAT MEMBERS OF COUNCIL
RECEIVE THE CITY COUNCIL AGENDA AND RELATED
COMMUNICATIONS, REPORTS, ORDINANCES AND
RESOLUTIONS, ETC., ON THE THURSDAY PRIOR TO THE
MONDAY COUNCIL MEETING TO PROVIDE SUFFICIENT TIME
FOR REVIEW OF INFORMATION. CITIZENS WHO ARE
INTERESTED IN OBTAINING A COPY OF ANY ITEM LISTED ON
THE AGENDA MAY CONTACT THE CITY CLERK'S OFFICE,
ROOM 456, MUNICIPAL BUILDING, OR AT 853-2541.
PUBLIC HEARINGS:
Public hearing to receive the views of citizens regarding appointment of
Roanoke City School Board Trustees. Candidates for School Board Trustee
positions are: Sherrie M. Boone, F. B. Webster Day, Marsha W. Ellison, Joann
Hamidullah, Sherman P. Lea, and Michael L. Ramsey.
File #467
4
0
CONSENT AGENDA
(APPROVED 7-0)
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE
CONSIDERED TO BE ROUTINE BY THE MEMBERS OF CITY
COUNCIL AND WILL BE ENACTED BY ONE MOTION. THERE
WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF
DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM
THE CONSENT AGENDA AND CONSIDERED SEPARATELY.
C-1
A communication from Mayor David A. Bowers requesting an Executive
Session to discuss vacancies on various authorities, boards, commissions and
committees appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of
Virginia (1950), as amended.
RECOMMENDED ACTION:
Withdrawn.
File #15-110-132
concur in request for Council to convene in
Executive Session.
C-2
A report of the City Manager recommending authorization to file all
necessary applications on behalf of the City to permanently alter by closure,
Ferdinand Avenue, S. W., between Elm Avenue and Mountain Avenue, and to
alter other street locations in said area.
RECOMMENDED ACTION: Concur in recommendation.
File #514
C-3
A communication from Michael A. Grant tendering his resignation as a
member of the Blue Ridge Community Services Board of Directors, effective
immediately.
RECOMMENDED ACTION: Receive and file the cormnunication and
File #15-110-314-335 accept the resignation.
5
C-4
C-5
A communication from Mayor David A. Bowers with regard to
consideration ora salary increase for the Mayor and Members of City Council.
RECOMMENDED ACTION: Refer to fiscal year 1997-98 budget study.
File #60-132
Qualification of the following persons:
G. David Nixon as a member of the Fair Housing Board for
a term ending March 31, 2000; and
File #15-110-178
Basil Owens, Jr., as a member of the Roanoke Public
Library Board to fill the unexpired term of Mary C. Maier,
resigned, ending June 30, 1998.
File #15-110-323
RECOMMENDED ACTION: Receive and file.
REGULAR AGENDA
3. HEARING OF CITIZENS UPON PUBLIC MATTERS:
None.
e
PETITIONS AND COMMUNICATIONS: None.
REPORTS OF OFFICERS:
a. CITY MANAGER:
~ None.
ITEMS RECOMMENDED FOR ACTION:
A report recommending execution of Amendment No. 1 to the
Commtmity Development Block Grant Subgrant Agreement with
the Roanoke Regional Chamber of Commerce for a Small Business
Incubator.
Adopted Resolution No. 33364-050597. (7-0)
File #99-236-384
Council Member Swain inquired as to the level of assistance
to minority and female participants under the program;
whereupon, the City Manager advised that a response will be
provided to the Members of Council.
A report recommending appropriation of funds in connection with
construction of the Hunter Viaduct Bridge project.
Adopted Budget Ordinance No. 33365-050597. (7-0)
File 060-102-217-278
A report with regard to purchase of used automated refuse trucks
for use by the Solid Waste Management Depmhnent.
Adopted Resolution No. 33366-050597. (7-0)
File #144-361-472
o
A report recommending execution of an agreement with Tracking
Systems Corporation for providing electronic monitoring
equipment and services in connection with the City's Outreach
Detention House Arrest Electronic Monitoring Program.
Adopted Resolution No. 33367-050597. (7-0)
File #304-305-472
A report recommending appropriation of funds to correct a deficit
in the Foster Care Program AFDC-FC.
Adopted Budget Ordinance No. 33368-050597. (7-0)
File #60-72
7
A report recommending appropriation of funds to correct a deficit
in the Subsidized Adoption, Special Needs and IV-E programs, to
continue provision of subsidies to families adopting children with
special needs.
Adopted Budget Ordinance No. 33369-050597. (7-0)
File #60-72-236-304
A report recommending acceptance of a bequest to the Roanoke
City Nursing Home, in the amount of $9,760.00, from the
Residuary Estate of the late Beulah Kirby Bernard.
Adopted Budget Ordinance No. 33370-050597 and Resolution
No. 33371-050597. (7-0)
File #44-60-367
A report recommending appropriation of additional funds totalling
$392,868.00 for the Fifth District Employment and Training
Consortium, which funds were received from the Governor's
Employment and Training Department.
Adopted Budget Ordinance No. 33372-050597. (7-0)
File #60-246
o
A report recommending Council's support of an application made
by Trans States Airlines, Inc. with the U. S. Department of
Transportation to provide daily round trip flights between Chicago
#'Hare and Roanoke Regional Airports.
Adopted Resolution No. 33362-050597. (7-0)
File #9-450
b. DIRECTOR OF FINANCE:
1. A report with regard to proposed 1997 bond refunding.
Adopted Resolution No. 33373-050597. (7-0)
File 053-60
o
A financial report for the month of March, 1997.
Received and filed.
File #1-10
6. REPORTS OF COMMITTEES:
A report of the Water Resources Committee recommending that Council
take no action to authorize a conditional permit to the property owners at
402 Willow Oak Drive, S. W., in connection with a request to construct
a brick wall encroaching approximately eight feet into the right-of-way of
River Birch Lane, S. W. Vice-Mayor Linda F. Wyatt, Chairperson.
Concurred in the recommendation.
File 0166-169-468-514
A report of the bid committee recommending award of a contract to
Adams Construction Company, in the amount of $1,394,532.80, for
construction of asphalt concrete overlays and pavement profiling of
various streets within the City of Roanoke; and appropriation of funds in
connection therewith. Council Member John H. Parrott, Chairperson.
Adopted Budget Ordinance No. 33374-050597 and Ordinance No.
33375-050597. (7-0)
File #20-57-60-514
A report of the Roanoke Valley Regional Cable Television Committee
recommending approval of the City's share, in the amount of
$112,305.00, of the budget for the Government and Educational Access
Cable Television Studio. Council Member John H. Parrott, Chairperson.
Adopted Resolution No. 33376-050597. (7-0)
File 060-448
7. UNFINISHED BUSINESS: None.
9
INTRODUCTION AND CONSIDERATION OF
ORDINANCES AND RESOLUTIONS:
Ordinance No. 33353 on second reading, permanently vacating,
discontinuing and closing a portion of 22nd Street, S. W., extending fi.om
Patterson Avenue in a northerly direction to the point that 22nd Street was
closed, pursuant to Ordinance No. 11803 adopted by the Council of the
City of Roanoke on May 15, 1953; and a certain alley extending in an
east/west direction between 22nd and 23rd Streets, S. W., located in the
middle of Block 54, Map of West End and Riverview.
Adopted Ordinance No. 33353-050597. (7-0)
File #514
bo
Ordinance No. 33354 on second reading, rezoning a tract of land located
on the north side of Patterson Avenue, between 22nd and 23rd Streets,
S. W., described as Official Tax Nos. 1312411 - 1312416, inclusive, fi.om
I-IM, Heavy Manufacturing District, to LM, Light Manufacturing District.
Adopted Ordinance No. 33354-050597.
Parrott abstained from voting.)
File #51
(6-0, Council Member
Ordinance No. 33355 on second reading, mending the proffered
conditions for rezoning of a certain 13.SI-acre tract of land located on the
north end of Griffin Road, adjacent to the east side of Franklin Road,
S. W., and U.S. Route 220, identified as Official Tax No. 5480712,
previously approved by the Council of the City of Roanoke, pursuant to
Ordinance No. 32867-040196 adopted on April l, 1996.
Adopted Ordinance No. 33355-050597. (7-0)
File #51-514
l0
Ordinance No. 33358 on second reading, permanently vacating,
discontinuing and closing a certain portion of First Street, N. W., situated
between its intersection with Wells Avenue, N. W., and its intersection
with Gilmer Avenue, N. W., and a certain section of the Second
Street/Gainsboro Road right-of-way adjacent to First Baptist Church on
North Jefferson Street.
Adopted Ordinance No. 33358-050597. (7-0)
File #514
eo
Ordinance No. 33360 on second reading, rezoning a one acre+ and a
40.74+ acre tract of land, containing 72+ acres bounded by Interstate 581,
Wal-Mart, Round Hill Elementary School, Roanoke Area Association for
Retarded Children, Inc., and properties adjacent to Huff Lane, N. W.,
described as Official Tax Nos. 2250103 and 2250101, from LM, Light
Manufacturing District, and RS-3, Residential Single-Family District, to
C-2, General Commercial District, subject to certain conditions proffered
by the petitioners.
Adopted Ordinance No. 33360-050597.
voted no.)
File #51-467-514
(6-1, Vice-Mayor Wyatt
Ordinance No. 33361 on second reading, rezoning a 8.769+acre tract of
land located on the west side of Oakland Boulevard, N. W., described as
Official Tax No. 2250105, from RS-3, Residential Single Family District,
to C-2, General Commercial District, subject to certain conditions
proffered by the petitioner.
Adopted Ordinance No. 33361-050597. (7-0)
File #51-514
Adopted Resolution No. 33377-050597 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, May 19, 1997, to 12:00 noon in
the Roanoke Civic Center Exhibit Hall, 710 Williamson Road, N. E.,
with the 2:00 p.m. session to be held in the City Council Chamber,
fourth floor, Municipal Building, 215 Church Avenue, S. W.
File #132-304
9. MOTIONS AND MISCELLANEOUS BUSINESS:
10.
a. Inquiries and/or comments by the Mayor and Members of City Council.
Council Member Swain called attention to and commended
City staff on improvements to the underpass at Shaffer's Crossing.
File #132-223
Council Member White inquired about free standing telephone
booths on public right-of-way or in front of rental properties in
northwest Roanoke; whereupon, the City Manager advised that a
report will be presented to Council.
File 0132-383-514
bo
Vacancies on various authorities, boards, commissions and committees
appointed by Council.
HEARING OF CITIZENS UPON PUBLIC MATTERS:
None.
Adopted Ordinance No. 33363-050597 temporarily changing the polling
place for Lee-Hi Precinct from Fire Station No. 4 on Aerial Way Drive,
S. W., to Covenant Presbyterian Church, 1831 Deyerle Road, S. W.
File #40-70-189-215
12
Office of the Mayor
CITY OF ROANOKE
tlamalio,
Given under our hands and the Seal of the City of Roanoke this fifih day of May
nineteen hundred and ninety-seven.
WHEREAS,
historic preservation is an effective tool for managing growth,
revitalizing neighborhoods, fostering local pride and maintaining
community character while enhancing livability; and
WHEREAS,
historic preservation is relevant for communities across the nation,
both urban and rural, and for Americans of all ages, all walks of
life and all ethnic backgrounds,, and
WHEREAS,
it is important to celebrate the role of history in our lives and the
contributions made by dedicated individuals in helping to preserve
the tangible aspects of the heritage that has shaped us as a people;
and
WHEREAS,
"Celebrate Virginia" is the theme for Virginia Heritage Tourism
Weeks during the month of May, and "Preservation Begins at
Home" is the theme for National Preservation Week on May
11 - 17; and
WHEREAS,
Heritage Tourism Weeks call for Virginians to recognize the
cultural and economic benefits which come from saving our history
and promoting historic sites visitation efforts, co-sponsored by the
Roanoke Regional Preservation Office, the Roanoke Valley
Preservation Foundation, and the Roanoke Valley Convention and
Visitors Bureau.
NOW,
THEREFORE, I, David A. Bowers, Mayor of the City of Roanoke,
Virginia, do hereby proclaim the month of May, 1997, throughout this
great All-America City, as
VIRGINIA HERITAGE TOURISM WEEKS.
ATTEST..
Mary F. Parker David A. Bowers
City Clerk Mayor
ROANOKE
VA! l.~.y
PRESERVATION
FOUNDATION
OFFICERS
Rusty Pritehett, President
D. Kent Chrisman, Pres. Elect
Evelyn S. Lander, Secretary
Helen Roberts Hill, Treasurer
TRUSTEES
Michael B. Barber
Evelyn D. Bethel
Nancy K. Carson
Victoria Coogan
Dr. Rupert Cutler
Perry R. Downing
Whihuey Feldmann
Robert K. France
John D. Fulton, Jr.
Leslie Giles
A1 Holland, Sr.
Dr. Dendie Kagey
George Kegley
Mary Beth Layman
Brenda McDaniel
Dr. Mark F. Miller
Joey Moldenhauer
Dr. Warren L. Moorman
Dr. Norma Jean Peters
Darlene Richardson
J. David Robbins
June V. Shapiro
William F. Trinkle
Joyce W. Waugh
Jim Woltz
April 22, 1997
Ms. Mary Parker
Roanoke City Clerk
215 Church Ave., SW
Roanoke, VA 24011
Dear Ms. Parker:
In the annual emphasis on preservation activities, National Preservation Week will be
observed May 11-17 and Virginia Heritage Tourism Weeks has expanded into the
month-long "Celebrate Virginia" colmral tourism program, now emending through the
entire month of May.
This joim program of the National Trust for Historic Preservation and the Department of
Historic Resources and Tourism will focus attention on state and local history and on the
economic benefits of historic sites visitation. The Roanoke Regional Preservation
Office, the Roanoke Valley Preservation Foundation and the Roanoke Valley
Convention and Visitors Bureau and local preservation organizations will join in the
commemoration of heritage tourism in our community. The theme of National
Preservation Week is "Preservation Begins at Home." This is a time when we recognize
the cultural and economic benefits of saving and enhancing the buildings in which we
live and work and to celebrate the history of and promote visitation to our own
hometown community.
On behalf of the above preservation organizations, I ask for the opportunity to appear on
the Roanoke City Council agenda for the meeting of May 5 at 2:00 PM Dr. John Kern,
Director of the Preservation Office; Ms. Evie Lander, Roanoke Office of Community
Planning; Mr. Kent Chrisman, vice-president RVPF; and I would like to present a
Certificate of Recognition for a local preservation effort and booklets for each Council
member published by the Preservation Alliance of Virginia on the impact of
preservation on jobs business, and community. In addition, the Preservation Foundation
will announce an Annual Valley Award for Governmental Excellence in Preservation.
We also request approximately 15 minutes to present a video produced by the
Preservation Alliance of Virginia entitled "Reinvesting In Virginia's Past." This should
be of especial interest to City Council as Roanoke City and the Hotel Roanoke's
reflorafion is featured. Lastly, I have written to Ms. Joyce Sink to request a proclamation
from the Mayor and City Council for Virginia Heritage Tourism Weeks. T,~ you for
your assistance.
Sincerely,
Governmental Relations Committee
Dr. John Kern
Ms. Evie Lander
Mr. Kent Chrisman
P. O. BOX 1558
ROANOKE, VIRGINIA 24007
A "Champion"
First Year
"...after instant and enthusiastic respo.nse from targeted
neighborhood youths, it is obvious the Roanoke City Boxing
Association is filling a vacuum and giving adolescents and young
adults direction, discipline, and goals while developing
physical fitness and building character. The main priority of the
RCBA remains constant: to reach our inner-city youth and
provide them an opportunity to improve their lives through
disciplined recreation and organized competition."
--James O. "Tiger" Trout, Chairman
Roanoke City Boxing Association
Board of Directors
Hon. James O. Trout, Chairman
Mr. Maynard Quesenberry, Vice Chairman
Mr. Harold S. Shaffer, Treasurer
Ms. Melanie Steele, Secretary
Mr. John W. Coates
Mr. Tony Reed
Mr. Pete Lampman
Mr. Stephen B. Hebblethwaite
Mr. George "Killer" Miller Gl31
Mr. David L. Viar
Mr. Delvis O. "Mac" McCadden
Mr. Rick Hawkins, Executive Director
Mr. Willard Barbour, Trainer
~CTORY'~
Roanoke City Boxing Association
1997
Championship Achievements
1997 Virginia Golden Gloves
Pernell Whittaker Invitational State Championships
Norfolk Virginia:
(ages 15 - 16)
132 lb
147 lb
Champion Henry Cooper Gold Medal
Runner-up Jon Leonard Silver Medal
(Both of these young men are students at the Noel C. Taylor
Learning Academy)
Olympic
132 lb
139 lb
147 lb
156 lb
178 lb
Champion
Runner-up
Champion
Champion
Runner-up
Brad Minter
Brian Fleshman
Enrique Maldonado
Orencio Maldonado
Shawn Webb
Gold Medal
Silver Medal
Gold Medal
Gold Medal
Silver Medal
126 lb
1997 National Collegiate Championships
Annapolis, Maryland:
David Brock National Collegiate Champion
(David Brock is a student at Virginia Tech and is a member
of the Boxing Association)
Roanoke City Boxing Association · Victory Gym
210 Reserve Ave. SW
Roanoke, VA 24014
Rick "Hawk" Hawkins, Executive Director
982-2205
2423 Stanley Avenue
Roanoke, VA. 24014
MAY 5, 1997
City Council Members
Municipal Building
215 Church Street
Roanoke, VA 24017
Dear City Council:
I am sorry that I will be unable to appear in person to support
the candidacy of Marsha Ellison for City of Roanoke School Board.
Ms. Ellison has been a devoted School Board member during her
term. She is highly conscientious as evident by her attendance
at School Board meetings and at a myriad of school functions
throughout the year. As a citizen of Roanoke and as a parent of
three schoolchildren, I have been most grateful for her efforts.
I have also appreciated her dedication as a member of the
Advisory Committee of the Teen Outreach Program, a partnership
with the school system designed to lower truancy and enhance
achievement. Her advisory input in the development and expansion
of this partnership program has been invaluable. While she played
a leadership role in the Teen Outreach Program, TOP has been able
to significantly impact the important issues of school truancy,
reducing course failures and lowering the number of school
suspensions for those students engaged in this program.
I personally am highly grateful to MS. Ellison for her dedication
to enhancing the educational opportunities available to our
children. I urge you to vote for her to serve on the School
Board. Her experience combined with her conscientiousness will
strengthen the School Board's capacity to explore how the system
can meet the needs of our youth, while promoting their successful
development.
Thank you for your attention and consideration. Your role in
selecting the School Board membership is a vital one. I
appreciate and trust your ability to consider the relevant
information in making this selection. Please feel free to
contact me if I can clarify any further my knowledge of Ms.
Ellison's contributions.
Sincerely yours
Cheri W. Hartman, Ph.D.
Teen Outreach Program Director
May 5, 1997
Mayor and Members of Council:
Kathryn Glassbrenner, 5221 Msdmont Circle, S. W., is ill
and unable to attend the meeting, but would like to advise
Council she is in support of the appointment of_Mamh_a
Ellison as a Trustee of the Roanoke City School Board.
Roanoke T mes & World-News
Ad Number ...................
Publisher's Fee $ ..............
STATE OF VIRGINIA ( Affidavit
CITY OF ROANOKE~ to wit:
I, (the undersigned), an authorized representative of
the TIMES-WORLD CORPORATION, which corpo-
ration is publisher of The Roanoke Times & World-
News, a daily newspaper published in Roanoke, in
the State of Virginia, do certify that the annexed
notice was published in said newspapers on the
following dates:..~ ~/....~ ..................
Wltness, thls..~.., dayof,~~ /.~..~.) ....
Aut~6-r~zed Signature
NOTICE OF PUBLIC HEARING FOR SCHOOL BOARD TRUSTEE
BEFORE THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The Council of the City of Roanoke will hold a public hearing to receive the views
of citizens regarding appointment of School Board Trustees at its regular meeting on
Monday, May 5, 1997, at 2:00 p.m., or as soon thereafter as the matter may be heard, in
the City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S.W. Candidates for School Board Trustee positions are: Sherrie M. Boone, F. B.
Webster Day, Marsha W. Ellison, Joann Hamidullah, Sherman P. Lea, and Michael L.
Ramsey.
The Council will elect three School Board Trustees for three three-year terms of
office commencing July 1, 1997, at a special meeting on Monday, May 12, 1997, at
6:00 p.m., or as soon thereafter as the matter may be heard, in the Roanoke City Council
Chamber, fourth floor of the Municipal Building.
Mary F. Parker
City Clerk
NOTE TO PUBLISHER:
Publish in full once in the ~, on Thursday, April 24, 1997.
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
NOTICE OF PUBLIC HEARING FOR SCHOOL BOARD TRUSTEE
BEFORE THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The Council of the City of Roanoke will hold a public hearing to receive the views
of citizens regarding appointment of School Board Trustees at its regular meeting on
Monday, May 5, 1997, at 2:00 p.m., or as soon thereafter as the matter may be heard, in
the City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S.W. Candidates for School Board Trustee positions are: Sherrie M. Boone, F. B.
Webster Day, Marsha W. Ellison, Joann Hamidullah, Sherman P. Lea, and Michael L.
Ramsey.
The Council will elect three School Board Trustees for three three-year terms of
office commencing July 1, 1997, at a special meeting on Monday, May 12, 1997, at
6:00 p.m., or as soon thereafter as the matter may be heard, in the Roanoke City Council
Chamber, fourth floor of the Municipal Building.
Mary F. Parker
City Clerk
NOTE TO PUBLISHER:
Publish in full once in the J~iD~JJ~, on Thursday, May 1, 1997.
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
DAVID I. BOWERS
Mayor
CITY OF ROANOKE
OFFICE OF THE MAYOR
215 Church Avenue, S.W., Room 452
Roanoke, Virginia 24011 - 1594
Telephone: (540) 981-2444
Fax: (540) 853-1145
May 5,1997
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 (^)(1),
Code of Virginia (1950), as amended.
Sincerely,
Mayor
DAB:sm
Mary F. Parker, CMC/AAE
city C~rk
CITY OF R O 4NOKE
Office of the City Clerk
Sandra H. Eakin
Deputy City Clerk
May 7, 1997
File 514
W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
Your report recommending authorization to file all necessary applications on behalf of the
City to permanently alter by closure, Ferdinand Avenue, S. W., between Elm Avenue and
Mountain Avenue, and to alter other street locations in said area, was before the Council
of the City of Roanoke at a regular meeting held on Monday, May 5, 1997.
On motion, duly seconded and unanimously adopted, Council concurred Jn the
recommendation.
MFP:sm
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
W. Robert Herbert
City Manager
May 7, 1997
Page 2
pc:
Wilburn C. Dibling, Jr., City Attorney
Steven J. Talevi, Assistant City Attorney
William F. Clark, Director, Public Works
John R. Marlles, Chief, Planning and Community Development
William L. Stuart, Manager, Streets and Traffic
Robert K. Bengtson, Traffic Engineer
May 5, 1997
No. 97-139
The Honorable David A. Bowers, Mayor
and Members of City Council
Dear Mayor Bowers and Members of City Council:
Subject: Request from the City Manager for authorization
to file all necessary applications, on behalf of the
City of Roanoke, to permanently alter by closure
Ferdinand Avenue, S.W., between Elm Avenue and
Mountain Avenue and to alter other street locations in
the area of said closure.
I. Background:
ao
Intersection of Main Street, Elm Avenue, Ferdinand Avenue
and 8th Street, S.W., is the City's highest priority
intersection for traffic signalization. Funding is
available from the 1996 Bond Issue for installation of a
new traffic signal.
Traffic signal design is being engineered by
Mattern & Craig, Inc. Due to the complexity of the
intersection layout, a traffic signal cannot be designed
to serve all five (5) roadway legs that enter this
intersection. Therefore, a traffic signal design that
only serves northbound Main Street, westbound Elm Avenue
and eastbound Ferdinand Avenue is being developed.
Northbound Ferdinand Avenue and southbound 8th Street,
S.W., would not be served by the traffic signal. (See
attached map).
Closure of Ferdinand Avenue on the south side of
Elm Avenue would improve traffic flow and safety at this
intersection. This will be very critical once the
intersection is signalized. The attached preliminary
plan shows the area to be closed. Over 16,000 vehicles
use this intersection from 7:00 a.m. to 7:00 p.m. on an
average weekday. Of this total, 1,160 vehicles (7.3%)
use the segment of Ferdinand Avenue proposed for closure,
a majority of which are believed to be using
Ferdinand Avenue as a short cut. It should also be noted
that the portion of 8th Street north of Elm Avenue would
need to be changed to only allow for southbound traffic.
This would cause approximately 600 vehicles (3.8%) now
using 8th Street to use alternative routes.
Public input has been sought. These plans have been
presented to Old Southwest, Inc., the adjacent property
Council Report No.
Page 2
May 5, 1997
97-139
owners, the City Planning Commission, and the
Architectural Review Board. These groups support the
proposed plan. Several suggestions were made by these
groups regarding certain design details. Many of these
suggestions are now included in the attached plan, while
other design details such as landscaping are being
developed. Also, a survey form was mailed to
approximately 45 homes in the immediate area of the
proposed closure. Of the 34 responses, 22 favored the
closure of Ferdinand Avenue.
II. Current situation:
City Council authorization for the City Manager to file
an application to permanently close Ferdinand Avenue and
alter other street locations in the area of the closure
is needed at this time.
Permanent closure would result in reconstruction of this
intersection as part of the traffic signal contract. The
tentative schedule to complete this traffic signal
project is Spring, 1998.
III. Issues:
A. Traffic flow
B. Neighborhood
C. Timinq
IV. Alternatives:
City Council authorize the City Manager to file all
necessary applications on behalf of the City of Roanoke
to alter by permanent closure Ferdinand Avenue, S.W.,
between Elm Avenue and Mountain Avenue, and to alter
other street locations in the area of this closure.
Traffic flow and safety should be improved, if
subsequent Planning Commission and City Council
actions are favorable. Motorists, if plan is
implemented, would need to use other area streets.
Impact on these other streets would be monitored
but is not expected to be adverse.
Council
Page 3
May 5,
Report No. 97-139
1997
Neiqhborhood orqanization supports this closure, as
do a majority of residents in immediate vicinity of
closure. Closed area will become greenspace.
Bo
3. Timinq is important to enable Spring, 1998
completion.
City Council not authorize the City Manager to file all
necessary applications on behalf of the City of Roanoke
to alter by permanent closure Ferdinand Avenue, S.W.
between Elm Avenue and Mountain Avenue.
1. Traffic flow on Ferdinand Avenue would compromise
the safety and effectiveness of the new traffic
signal.
Neighborhood would continue to complain about use
of Ferdinand Avenue as a short cut.
3. Timing would not be an issue.
Recommendation is that City Council authorize the City Manager
to file all necessary applications on behalf of the City of
Roanoke to alter by permanent closure Ferdinand Avenue, S.W.,
between Elm Avenue and Mountain Avenue, and to alter other
street locations in the area of the closure.
Respectfully submitted,
W. Robert Herbert
City Manager
WRH/RKB/gpe
Attachment
copy: City Attorney
Director of Finance
Director of Public Works
Manager, Office of Management & Budget
Chief, Planning and Community Development
Traffic Engineer
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I
MARY F. PARKER, CMC/AAE
Cily Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W, Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
SANDRA H. EAKIN
Deputy City Clerk
May 7, 1997
File #15-110-314-335
Mr. Michael A. Grant
2423 Laburnum Avenue, S. W.
Roanoke, Virginia 24015
Dear Mr. Grant:
Your communication tendering your resignation as a member of the Blue Ridge Community
Services Board of Directors, effective immediately, was before the Council of the City of
Roanoke at a regular meeting held on Monday, May 5, 1997.
On motion, duly seconded and unanimously adopted, the resignation was accepted with
regret and your communication was received and filed.
The Members of City Council requested that I express sincere appreciation for your
willingness to serve the City of Roanoke as a member of the Blue Ridge Community
Services Board of Directors from January 4, 1993 to May 5, 1997. Please find enclosed
a Certificate of Appreciation and an aerialview photograph of the Roanoke Valley which
was issued by the Mayor on behalf of the Members of the Roanoke City Council.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:sm
Mr. Michael A. Grant
May 7, 1997
Page 2
pc:
Susan J. Cloeter, Chairperson, Blue Ridge Community Services Board of Directors,
301 Elm Avenue, S. W., Roanoke, Virginia 24016-4026
Dr. Fred P. Roessel, Jr., Executive Director, Blue Ridge Community Services,
301 Elm Avenue, S. W., Roanoke, Virginia 24016-4026
Forest G. Jones, Assistant City Manager and Clerk of Council, City of Salem, P. O.
Box 869, Salem, Virginia 24153
Mary H. Allen, Clerk, Roanoke County Board of Supervisors, P. O. Box 29800,
Roanoke, Virginia 24018-0798
Susan H. Fain, Clerk, Botatourt County Board of Supervisors, One W. Main Street,
Box One, Fincastle, Virginia 24090
Stephen A. Carter, Clerk, Craig County Board of Supervisors, P. O. Box 308, New
Castle, Virginia 24127
W. Robert Herbert, City Manager
Glenn D. Radcliffe, Director, Human Development
Sandra H. Eakin, Deputy City Clerk
April 28, 1997
RECEIVED
APR 3 0 1997
MAYOR'S OFFICF
The Honorable David A. Bowers
Mayor of Roanoke City
215 Church Avenue, S.W.
Roanoke, VA 24011
Dear David,
I regret to tell you that I am resigning from the Blue Ridge Community Services
Board effective immediately. I've served over four years and have appreciated the
opportunity to work with a fine organization and a fine board.
My reasons for resigning are increased job responsibilities at the Salem VA
Medical Center and my plan to begin a night class at Virginia Western Community
College this Fall.
Thank you for considering this resignation and thank you for all that you are
doing for the City of Roanoke.
Sincerely,
M~H~EL~. GRANT, M.A., M.S.W.
Licensed Clinical Social Worker
DAVID A. BOWERS
Mayor
CITY OF ROANOKE
OFFICE OF THE MAYOR
215 Church Avenue, S.W., Room 452
Roanoke, Virginia 24011-1594
Telephone: (540) 981-2444
Fax: (540) 224-3145
May 1, 1997
The Honorable Vice-Mayor and
Members of Roanoke City Council
Roanoke, Virginia
Subject: Council Pay
Dear Members of Council:
Once again this year City Council is being asked to provide pay
increases for our employees. I deem this to be appropriate, and I
intend to support the City Manager's recommendation.
I also believe it is appropriate for Council to consider an
increase in the salary for the Mayor and Members of Council. I
have been "up front" about this issue ever since it was brought
before the Council back earlier this year, and I continue to
welcome comments from our citizens regarding this issue.
The public is not always aware of the hard work and many hours
which Members of Council devote to this activity. I know, for a
fact, that in addition to the public meetings of Council, you spend
several hours each week in briefings, meetings with civic groups,
and other interested citizens, and merely conversing with citizens
about their thoughts and concerns about our All-America City. Each
of you do an admirable job, and the City of Roanoke is well served
by you. A fair compensation is appropriate for your service.
For my part, I wanted to let you know that I continue to enjoy
serving as the Mayor of our great City. As you know, almost every
morning I am up very early to take care of my law practice in order
that I can spend time during the day on City business as well as
private business. Just this morning, for example, prior to
attending the Chamber of Com~nerce breakfast on legislative issues,
I spent about one hour in my law office preparing matters for my
clients. Also on Thursday, I am scheduled to appear at the
American Red Cross, the City Pension Board, meet with visitors from
our Sister City of Wonju in the Mayor's Office, and participate in
the National Day of Prayer Ceremony at Lee Plaza. Oh, by the way,
I am also to meet with seven clients and participate in a real
estate closing today, as well!
The Honorable Vice-Mayor and
Members of Roanoke City Council
May 1, 1997
Page 2
I did a few calculations over the last several days regarding my
activities for the first three and one-half months of this year.
From January 1 through April 15, 1997, I have counted approximately
165 separate ~events" in which I participated on behalf of the City
of Roanoke during that time. This includes approximately 15
Council meetings, 39 City meetings or events, 27 meetings in the
Mayor's Office, seven meetings with the City Manager, and
approximately 74 appearances on behalf of the City at non-
governmental events and meetings, plus one trip each to the cities
of Washington, Ricb_mond, and Charlottesville.
My activities have included recognizing the service of our
employees during the annual Service Awards presentation, and
welcoming new employees to City Government on at least two
occasions. I have also been involved in welcoming Pet Land, Belk
and Maple Leaf Bakery to our City, and have visited with local
homebuilders, Methodist Church parishioners, the Greater Raleigh
Court Civic League, the Chamber of Commerce, Henry Street
participants, and several meetings with persons interested in
regards to Mill Mountain. As a representative of the City, I have
been pleased to also welcome economic development prospects, the
Legal Secretaries of Virginia, guests from Wonju and France, and
the Junior Miss and the Boy Scouts, plus the State Museum
Association and the Shriners. Furthermore, I have been involved in
meetings with President Clinton, Lieutenant Governor Beyer,
Governor Holton, President Covington of Radford University,
Governor Allen, and at meetings with the Vinton Town Council and
the Roanoke County Board of Supervisors.
Ail of this time does not include approximately four to five hours
each week which I must spend in scheduling and managing the Office
of the Mayor.
It is a big job, and one that I like very much. I intend to assure
the citizens that I will earn every penny they pay me with hard
work and dedication.
Our citizens expect that of us, and in my personal opinion, you and
I work very hard to maintain this All-America City.
The Honorable Vice-Mayor and
Members of Roanoke City Council
May 1, 1997
Page 3
As my predecessor would say, however, that is the ~frog praising
his lily pond". I merely wanted to present these facts to you and
our citizens for their consideration as we look to Council's action
on salary increases next week.
Thank you.
Sincerely,
Mayor
DAB:gd
Mary F. Parker, CMC/AAE
City Clerk
CITY OF R O 4NOKE
Office of the City Clerk
8andra H. Eakin
Deputy City Clerk
May 7, 1997
File #15-110-178
Dolores C. Daniels, Secretary
Fair Housing Board
Roanoke, Virginia
Dear Ms. Daniels:
This is to advise you that on April 28, 1997, G. David Nixon qualified as a member of the
Fair Housing Board for a term ending March 31, 2000.
MFP:sm
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
pc: Sandra H. Eakin, Deputy City Clerk
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, G. David Nixon do solemnly swear (or affirm) that I will support the Constitution
of the United States of Amedca 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 Fair Housing Board for a term ending March 31, 2000, according
to the best of my ability. So help me God.
Subscribed and sworn to before me this~:~, day of
ARTHUR B. CRUSH. III, CLERK
<'"'"'~~, DEPUTY CLERK
BY
H:~AG ENDA.gT',MARCH.17
MARY E PARKER, CMC/AAE
Cily Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W. Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
SANDRA H. EAKIN
Deputy Cit~ Clerk
May 7,1997
File #15-110-323
Marc J. Small, Chairperson
Roanoke Public Library Board
713 First Street, S. W.
Roanoke, Virginia 24016
Dear Mr. Small:
This is to advise you that on April 28, 1997, Basil Owens, Jr., qualified as a member of the
Roanoke Public Library Board to fill the unexpired term of Mary C. Maier, resigned, ending
June 30, 1998.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:sm
pc:
Beverly A. James, Secretary, Roanoke Public Library Board
Sandra H. Eakin, Deputy City Clerk
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Basil Owens, Jr., do solemnly swear (or affirm) that I will support the Constitution
of the United States of America and the Constitution of the Commonwealth of Virginia, and
that I will faithfully and impartially discharge and perform all the duties incumbent upon me
as a member of the Roanoke Public Library Board to fill the unexpired term of
Mary C. Maier, resigned, ending June 30, t998, according to the best of my ability. So
help me God.
Subscribed and sworn to before me this &~ day of 1997.
ARTHUR B. CRUSH, III, CLERK
~, ~ , DEPUTYCLERK
Mary F. Parker, CMCIAAE
City Clerk
CITY OF ROANOKE
Office of the City Clerk
Sandra H. Eakin
Deputy City Clerk
May 7, 1997
File #99-236-384
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, May 5, 1997,
Council Member Swain inquired as to the level of assistance rendered to minority and
female applicants through the Small Business Incubator Program.
Sincerely,
Mary F, Parker, CMC/AAE
City Clerk
MFP:sm
pc: Rose M. Woodford, Executive Secretary, City Manager's Office
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) 853-2541
Fax: 1540) 853-1145
SANDRA H. EAKIN
Deputy City Clerk
May 7, 1997
File f~99-236-384
Lisa C. Ison, President
Blue Ridge Small Business
Development Center
1354 Eighth Street, S. W.
Roanoke, Virginia 24015
John M. Stroud, President
Roanoke Regional Chamber
Of Commerce
212 S. Jefferson Street
Roanoke, Virginia 24011
Dear Ms. Ison and Mr. Stroud:
I am enclosing copy of Resolution No. 33364-050597 authorizing execution of Amendment
No. 1 to a Subgrant Agreement between the City and the Roanoke Regional Chamber of
Commerce for a Small Business Incubator Agreement, dated November 1, 1995, to provide
for changing the Subgrentee from the Roanoke Regional Chamber of Commerce to the
Blue Ridge Small Business Development Center, and to further provide for an increase of
$30,000.00 in additional funds for said Incubator Program. The abovereferenced measure
was adopted by the Council of the City of Roanoke at a regular meeting held on Monday,
May 5, 1997.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:sm
Eno.
Lisa C. Ison
John M. Stroud
May 7, 1997
Page 2
pc:
W. Robert Herbert, City Manager
Wilburn C. Dibling, Jr., City Attorney
James D. Grisso, Director of Finance
Diane S. Akers, Budget Administrator, Office of Management and Budget
Phillip F. Sparks, Chief, Economic Development
Vickie S. Tragubov, Grants Compliance Monitor
IN THE COUNCIL FOR THE CITY OF ROANOKE,
The 5th day of May, 1997.
No. 33364-050597.
VIRGINIA,
A RESOLUTION authorizing execution of Amendment No. 1 to a
Subgrant Agreement between the City and the Roanoke Regional
Chamber of Commerce for a Small Business Incubator, dated November
1, 1995, for funding of the Small Business Incubator program.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The City Manager or Assistant City Manager is hereby
authorized, for and on behalf of the City, to execute Amendment No.
1 to the Subgrant Agreement between the City and the Roanoke
Regional Chamber of Commerce for a Small Business Incubator
Agreement, dated November 1, 1995, said Amendment No. 1 to provide
for changing the Subgrantee from the Roanoke Regional Chamber of
Commerce to the Blue Ridge Small Business Development Center, which
actually operates the Incubator program, and providing for an
increase of $30,000.00 in additional funds for this Incubator
Program, as more particularly set out in the report to this Council
dated May 5, 1997.
2. The
Attorney.
amendment shall be approved as to form by the City
ATTEST:
City Clerk.
Roanoke, Virginia
May 5, 1997
97-12
Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Members of Council:
Subject:
Amendment 1 to Community Development Block Grant (CDBG)
Agreement with Roanoke Regional Chamber of Commerce (the
"Chamber") for a Small Business Incubator (the "Incubator")
The Chamber requested funding assistance for the Incubator in response to the
CDBG request for proposals issued by the City in January, 1995. An "incubator"
is a building which rents space and offers shared services to reduce the financial
burdens on, and increase the potential for success of, start-up businesses.
Bo
Ci.ty Council authorized $60.000 in CDBG funding for the Incubator as part of the
Consolidated Plan approved for submission to the U.S. Department of Housing and
Urban Development (HUD) on May 8, 1995, by Resolution 32476-050895.
City Council authorized execution of a subgrant agreement between the City and
the Chamber by Resolution 32555-071095 on July 10, 1995, to implement the
CDBG-funded Incubator activities.
The Blue Ridge Small Business Development Center (the "Center") was organized
as the private, non-profit corporation which would actually operate the Incubator.
Ci.ty Council authorized an additional $30.000 in CDBG funding for the Incubator
as part of the Annual Update to the Consolidated Plan approved for submission to
HUD on May 13, 1996, by Resolution 32939-051396.
II. ~:
The Center is staffed and operates the Incubator, including maintenance of all
pertinent programmatic and financial records, as a corporation completely
independent from the Chamber.
Retaining the Chamber as the subgrantee creates a bottleneck in that all payments
to the Incubator must be channeled through the Chamber.
As the subgrantee, the Chamber is acountable for the performance of the Incubator,
the day-to-day control of which is exercised by the Center.
Members of Council
Page 2
III. Issues:
An amendment to the existing agreement is needed to change the subgrantee,
extend the period of the agreement, and to add the additional $30,000 funding.
B. Efficient and simplified administration.
C. Accountability for performance.
D. Consistency with the Consolidated plan.
Authorize the City. Manager or the Assistant Ci_ty Manager to execute, and the City
Clerk to attest, Amendment No. 1 to the CDBG Subgrant Agreement with the
Chamber (similar in form and content to Attachment A), said amendment to be
approved as to form by the City Attorney.
Cost to the City would be $30.000 in CDBG funding, which is available
from the following accounts:
035-094-9430-5092 Small Business Incubator $6,671
035-097-9730-5092 Small Business Incubator $23,329
Efficient and simplified administration would result from authorizing the
amendment. In addition to adding the indicated funding, this amendment
would change the Subgrantee from the Chamber to the Center. By so
doing, disbursements from the City would be provided directly to the
Center. The Chamber would not have to receive, record and sign-over the
disbursements to the Center, thus reducing lag-times and administrative
burdens.
Accountability for performance would be maintained. The performance
expectation under the original Agreement is the creation of at least 20 full-
time, permanent jobs, 51% of which are to be filled by low- and moderate-
income persons. This expectation would continue if Amendment No. 1 is
approved. However, by mutual agreement among the parties, all
accountability for performance would transfer to the Center. This is
appropriate, since the Center manages the day-to-day operations of the
Incubator and can directly influence job creation, whereas the Chamber
cannot.
Members of Council
Page 3
Consistency with the Consolidated Plan would be achieved. This plan,
approved by City Council, includes the $30,000 additional funds for the
Incubator.
Do not authorize the City Manager or the Assistant City Manager to execute, and
the City Clerk to attest, Amendment No. 1 to the CDBG Subgrant Agreement with
the Chamber.
Cost to the City would not be a factor in terms of simply committing the
funds. However, the loss of $30,000 in planned revenue would impair the
Incubator's ability to operate effectively. This, in turn, could jeopardize
attainment of performance expectations.
Efficient and simplified administratioI1 would not be enhanced. Disburse-
ments from the City would still be provided to the Chamber, causing
administrative burdens for that agency and lag-times in the Center receiving
reimbursements.
Accountability for performance would continue to rest with the Chamber,
although it lacks any direct influence over the day-to-day operations of the
Incubator and any means to attain the expected performance.
Consistency with the Consolidato~t Plan would not be achieved in the
absence of an amendment to add the $30,000 in approved funding to the
Incubator agreement.
Recommendation:
It is recommended that City Council concur with Alternative A. authorizing the City
Manager or the Assistant City Manager to execute, and the City Clerk to attest,
Amendment No. 1 to the CDBG Subgrant Agreement with the Chamber (similar in form
and content to Attachment A), said amendment to be approved as to form by the City
Attorney.
Respectfully submitted,
W. Robert Herbert
City Manager
WRH: FEB
Members of Council
Page 4
Attachment
C:
Assistant City Manager
City Attorney
Director of Finance
Budget Administrator
Chief of Economic Development
Office of Grants Compliance
President, Roanoke Regional Chamber of Commerce
President, Blue Ridge Small Business Development Center
Attachment A
AMENDMENT No. 1
This Amendment No. 1 is entered into this day of , 1997, by and among the City of Roanoke
(the Grantee), the Roanoke Regional Chamber of Commerce, Inc. (the Subgrantee) and the Blue Ridge
Small Business Development Center, Inc. (the Center).
WHEREAS, by Resolution No. 32526-062695 and by Ordinance No. 32525-062695, adopted June 26,
1995, the Roanoke City Council approved the 1995 Community Development Block Grant (CDBG)
program and appropriated funds therefor; and
WHEREAS, by Resolution No. 32555-071095, adopted July 10, 1995, the Roanoke City Council
approved the execution of a subgrant agreement (the "Agreement") between the Grantee and the
Subgrantee; and
WHEREAS, by Resolution No. 33021-070196 and by Ordinance No. 33020-070196, adopted July 1,
1996, the Roanoke City Council approved the 1996 Community Development Block Grant (CDBG)
program and appropriated funds therefor.
NOW THEREFORE, the Grantee, the Subgrantee and the Center do mutually agree to amend the
Agreement as follows:
The Subgrantee shall be the Blue Ridge Small Business Development Center, Inc., 1354 Eighth
Street, SW, Roanoke, Virginia 24015
2. Part 1.c. shall read as follows:
1.c. Sch~ule -- This agreement shall be for the period of July 1, 1995, through June
30, 1998.
3. Part I.d. shall read as follows:
1 .d. BJldg~ -- The total CDBG funding to be provided by the Grantee toward this
project is $90,000. These funds will be designated "project funds."
As of the original date of the Agreement, all accountability for proper expenditures, records
maintenance and retention, attainment of performance, and compliance with the terms and
conditions, and local, state and federal statutory and regulatory requirements contained in and/or
pertaining to the Agreement shall rest with the Blue Ridge Small Business Development Center,
Inc. Upon execution of this Amendment No. 1, the Grantee shall have no recourse versus the
Chamber regarding any matters arising in connection with the Agreement.
The Agreement shall remain unchanged in all other terms and provisions.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year
hereinabove written:
ATTEST:
FOR THE GRANTEE:
Attachment A
Page 2
By
Mary F. Parker, City Clerk
By
City Manager/Assistant City Manager
ATTEST:
FOR THE ROANOKE REGIONAL CHAMBER
CHAMBER OF COMMERCE:
By
James B. Lee, Treasurer
Roanoke Regional Chamber of Commerce
By
John M. Stroud, President
Roanoke Regional Chamber of Commerce
ATTEST:
FOR THE BLUE RIDGE SMALL BUSINESS
DEVELOPMENT CENTER:
By
Bruce Wood, Secretary
Blue Ridge Small Business
Development Center
By
Lisa C.Ison, President
Blue Ridge Small Business
Development Center
APPROVED AS TO HOME ELIGIBILITY
APPROVED AS TO FORM
Office of Grants Compliance
Assistant City Attorney
APPROVED AS TO EXECUTION
APPROPRIATION AND FUNDS REQUIRED
FOR THIS AMENDMENT CERTIFIED
Assistant City Attorney
Director of Finance
Date
035-095-9530-5092 ($60,000 Project)
035-094-9430-5092 ($6,671 Project)
Account # 035-097-9730-5092 (5;23.329 Project)
Ma~y F. Parker, CMC/AAE
City Clerk
CITY OF R O/INOKE
Office of the City Clerk
Sandra H. Eakin
Deputy City Clerk
May 7, 1997
File ~60-102-217.278
James D. Grisso
Director of Finance
Roanoke, Virginia
Dear Mr. Grisso:
I am attaching copy of Ordinance No. 33365-050597 amending and reordaining certain
sections of the 1996-97 Capital Projects Fund Appropriations, Providing for appropriation
of $310,000.00, in connection with the Hunter Viaduct Bridge project which consists of
removal of the remaining Jefferson Street leg, total rehabilitation of the Williamson Road
leg, and a new right turn lane onto Salem Avenue. The abovereferenced measure was
adopted by the Council of the City of Roanoke at a regular meeting held on Monday,
May 5, 1997.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:sm
Enc.
James D. Grisso
Director of Finance
May 7, 1997
Page 2
pc:
The Honorable Marsha C. Fielder, Commissioner of the Revenue
W. Robert Herbert, City Manager
William F. Clark, Director, Public Works
Charles M. Huffine, City Engineer
Ellen S. Evans, Construction Cost Technician
Jan G. Bruce, Project Engineer
Diane S. Akers, Budget Administrator, Office of Management and Budget
Kit B. Kiser, Director, Utilities and Operations
D. Darwin Roupe, Manager, Supply Management
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 5th day of May, 1997.
No. 33365-050597.
AN ORDINANCE to amend and reordain certain sections of the 1996-97 Capital
Projects 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 1996-97 Capital Projects Fund Appropriations, be, and the same
are hereby, amended and reordained to read as follows, in part:
Appropriation
Other Infrastructure
Hunter Viaduct Removal (1) ..................................
$ 7,714,034
517,138
1) Appropriated from
General Revenue
(008-052-9636-9003)
$ 310,000
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall
be in effect from its passage.
ATI'EST:
City Clerk.
May 5, 1997
Council Report No. 97-140
Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of City Council:
Subject: HUNTER VIADUCT BRIDGE
FUNDS TRANSFER
Backoround on the subject in chronological order is as follows:
Hunter Viaduct Bridae Proiect is scheduled for advertisement in the Fall of this
year pending completion of design. Anticipated construction time will be 18
months.
Proiect consists of removal of the remainina Jefferson Street lea and total
rehabilitation of the Williamson Road lea and also includes a new right turn lane
onto Salem Avenue.
Partial fundina in the amount of $310.000 exists in the General Fund, Transfer
to Capital projects Fund, account number 001-004-9310-9508.
Estimated cost for bridge construction is $4.300.000. Additional funding
required is available in the 1996 Bonds.
II.
Current situation is as follows:
A. Fundino needs to be transferred from the General Fund to the Capital Projects
Fund.
III.
Issues in order of importance are as follows:
A. Fundina needs
B. Timino
IV.
Alternatives in order of feasibility are as follows:
City Council aDDroDriate $3 IO.QQQ to the Capital Projects Fund account number
008-052-9636-9003, Hunter Viaduct Bridge Project. Funding is available in the
General Fund account 001-004-9310-9508, Transfers to the Capital Projects
Fund.
1. Fundina needs will be partially in place.
Honorable Mayor and Members of City Council
HUNTER VIADUCT BRIDGE
FUNDS TRANSFER
April 21, 1997
Page 2
2. Timina is important since the fiscal year ends on June 30, 1997, and
funds earmarked for bridge replacement would revert to CMERP.
City Council does not aDDroDriate $310.000 to the Capital Projects Fund as
requested in Alternative "A".
1. ~ would not be met at this time.
2. Timina would be lost and funds that were intended for the Hunter
Viaduct Bridge Project would go into CMERP.
Mo
Recommendation is as follows:
City Council concur in alternative "A" and take the following specific action:
Ao
City Council a~Drooriate $310.000 to the Capital Projects Fund account number
008-052-9636-9003, Hunter Viaduct Bridge Project. Funding is available in the
General Fund account 001-004-9310-9508, Transfers to the Capital Projects
Fund.
Respectfully submitted,
W. Robert Herbert
City Manager
WRH/JGB/fm/kh
City Attorney
City Clerk
Director of Finance
Director of Public Works
Assistant to City Manager for Community Relations
City Engineer
Construction Cost Technician
Budget Administrator
Manager, Office of Supply Management
Commissioner of Revenue
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) 853-254]
Fax: (540) 853-]]45
SANDRA H. EAKIN
Deputy City Ccrk
May 7, 1997
File #144-361-472
Mark L. Powell, Sales Manager
Carolina Environmental Systems, Inc.
P. O. Box 830
Kernersville, North Carolina 27284
R. E. "Bob" Bankert, President
Mid-State Equipment Co., Inc.
2720 Main Street
Buchanan, Virginia 24066
Gentlemen:
I am enclosing copy of Resolution No. 33366-050597 accepting the bid submitted by
Carolina Environmental Systems, Inc., to furnish four used automated refuse collection
trucks, at a total cost of $133,600.00, and the bid submitted by Mid-State Equipment Co.,
Inc., to furnish one used automated refuse collection truck, at a cost of $47,750.00, for use
by the new automated Residential Solid Waste Collection Program, upon certain terms
and conditions. The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, May 5, 1997.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:sm
Enc.
MaA L. Poweli
R.E."Bob"BankeR
May 7,1997
Page 2
pc:
W. Robert Herbert, City Manager
Wilburn C. Dibling, Jr., City Attorney
James D. Grisso, Director of Finance
Kit B. Kiser, Director, Utilities and Operations
D. Darwin Roupe, Manager, Supply Management
William F. Clark, Director, Public Works
James A. McClung, Manager, Fleet and Solid Waste Management
Diane S. Akers, Budget Administrator, Office of Management and Budget
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 5th day of May, 1997.
No. 33366-050597.
A RESOLUTION accepting certain bids for the purchase of used
automated refuse collection trucks for use by the new automated
Residential Solid Waste Collection Program, upon certain terms and
conditions.
BE IT RESOLVED by the Council of the City of Roanoke as
follows:
1. The bid submitted by Carolina Environmental Systems,
Inc., to furnish four used automated refuse collection trucks at a
total cost of $133,600.00 for use by the new automated Residential
Solid Waste Collection Program, is hereby ACCEPTED.
2. The bid submitted by Mid-State Equipment Company, Inc.,
to furnish one used automated refuse collection truck at a cost of
$47,750.00 for use by the new automated Residential Solid Waste
Collection Program, is hereby ACCEPTED.
3. The City's Manager of Supply Management is hereby
authorized and directed to issue any required purchase orders for
the purchase of such used refuse collection trucks, and the City
Manager or the Assistant City Manager is authorized to execute, for
and on behalf of the City, any required purchase agreement with
respect to the aforesaid trucks, such agreement to be in such form
as shall be approved by the City Attorney.
ATTEST:
City Clerk.
May 5, 1997
Roanoke, Virginia
Honorable David A. Bowers, Mayor
and Members of City Council
Roanoke, Virginia
SUBJECT:
Purchase of Used Automated
Refuse Trucks,
Bid No. 97-4-13
I. Backaround on the subject in chronological order is:
February 181 1997 City Council approved the concept of Used
Refuse Trucks and authorized the City Manager to locate and
secure used trucks and related equipment in accordance with the
procurement section of the Code of the City of Roanoke, Virginia.
Specifications for Used Automated Refuse Trucks were developed.
Request for Quotations were sent to seven (7) dealers of the
requested type of equipment. A public advertisement was also
published in The Roanoke Times and The Roanoke Tribune.
Bids were eceived until 2:00 p.m. on April 18, 1997 at which time
all bids appropriately received were publicly opened and read in the
Office of the Manager of Supply Management.
I1. Current Situation is:
A. Two (2) bids were received. A bid tabulation is attached.
All bids were evaluated in a consistent manner by representatives
of the following departments:
Public Works
Fleet Management
Solid Waste Management
Supply Management
C. ~ are as follows:
Mid-State Eouipment Company. Inc. bid on three units. Two
(2) units at a cost of $47.750.00 each and One (1) unit of
$36.500.00. All three are subject to prior sale. These units
are currently available in Cleveland, Ohio.
Used Automated Refuse Trucks
Bid No. 97-4-13
Page 2
III.
Carolina Environmental Systems, Inc. bid on Four (4) units
at a cost of $33.400.00 each. These units are also subject
to prior sale and are currently available in Dallas, Texas.
A representative of the Fleet Management Department was sent to
view and evaluate all units that were bid to determine if they met
required specifications and were appropriate for the City's intended
purpose.
After careful review, evaluation and consideration it has been
determined that the following units would be in the City's best
interest to acquire.
Four (4} units from Carolina Environmental Systems, Inc. for
a cost of $33.400.00 each. These units are to be painted,
made route ready and delivered to the City.
One (1~ unit from Mid-State Equipment Company, Inc. for a
cost of $47.750.00. This unit is most compatible with the
units identified above.
Issues in order of importance are:
A. Need
B. Specification reauirements
C. Funding
IV. Alternatives in order of feasibility are:
City Council authorize the purchase of Used Automated Refuse
Trucks as follows:
Four (4) units from Carolina Environmental Systems, Inc. for
a total cost of $133.600.00.
One (1) unit from Mid-State Equipment Company, Inc. for a
total cost of $47.750.00.
Used Automated Refuse Trucks
Bid No. 97-4-13
Page 3
CC:
Need for the requested units is to allow implementation of
the new automated Residential Solid Waste Collection
Program.
Soecification re(~uirements were met by the units selected in
this alternative.
Funding is available in Fleet Management account 017-052-
2642-9010 to provide for this acquisition.
B. Reject all Bids
Need for the implementation of the new Automated
Residential Solid Waste Collection Program would not occur
as planned.
Specification reauirements would not be a factor in this
alternative.
Fundino designated for this purchase would not be
expended at this time with this alternative.
Recommendation is that City Council concur with Alternative "A" -
authorize the pumhase of Used Automated Refuse Trucks as follows:
Four (4) units from Carolina Environmental Systems, Inc. for a total
cost $133.600.00.
One (1) unit from Mid-State Equipment Company, Inc. for a total
cost of $47.750.00.
Respectfully,
City Manager
City Attorney
City Clerk
Management & Budget
Director, Utilities & Operations
Director, Public Works
Manager, Fleet Management
Manager, Supply Management
E
~-
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) 853-2541
Fax: (540) 853-1145
SANDRA H. EAKIN
Deputy Cily Clerk
May 7, 1997
File #304-305-472
Dino Pizzoferato, Manager
Sales and Marketing
Tracking Systems Corp.
2404 Park Drive
Commerce Park
Harrisburg, Pennsylvania 17110
Dear Mr. Pizzoferato:
I am enclosing copy of Resolution No. 33367-050597 authorizing the City Manager to
enter into an agreement with Tracking Systems Corporation to provide electronic
monitoring equipment and support services to the City's Juvenile Detention Home, for a
fee not to exceed $15,000.00. The abovereferanced measure was adopted by the Council
of the City of Roanoke at a regular meeting held on Monday, May 5, 1997.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:sm
Enc.
pc:
W. Robert Herbert, City Manager
Wilburn C. Dibling, Jr., City Attorney
James D. Grisso, Director of Finance
Glenn D. Radcliffe, Director, Human Development
Jack Trent, Manager, Juvenile Detention Home
Diane S. Akers, Budget Administrator, Office of Management and Budget
IN THE COUNCIL OF THE CITY OF ROANOKE,
The 5th day of May, 1997.
No. 33367-050597.
VIRGINIA,
A RESOLUTION authorizing the City Manager to enter into an
agreement with Tracking Systems Corporation to provide electronic
monitoring equipment and support services to the City's Juvenile
Detention Home.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The City Manager or the Assistant City Manager and the
City Clerk are hereby authorized on behalf of the City to execute
and attest, respectively, an agreement with Tracking Systems
Corporation to provide electronic monitoring equipment and support
services to the city's Juvenile Detention Home, for a fee not to
exceed $15,000.00, as more particularly set forth in the report to
this Council dated May 5, 1997.
2. The agreement shall contain such other terms and
conditions as set forth in the report to this Council dated May 5,
1997 and as deemed appropriate by the city Manager. The form of
the agreement shall be approved by the City Attorney.
ATTEST:
city Clerk.
Roanoke, Virginia
May 5, 1997
No. 96-561
The Honorable David A. Bowers, Mayor and Members of City Council
Roanoke, Virginia
Dear Mayor and Members of Council:
SUBJECT: THE CITY OF ROANOKE OUTREACH DETENTION'S
HOUSE ARREST ELECTRONIC MONITORING PROGRAM
I. BACKGROUND
The City of Roanoke receives fundinq from the State DeDartment
of Juvenile Justice under the Virqinia Juvenile Community
Crime Control /VJCCCA) of 1995 to administer and operate the
Outreach Detention's House Arrest Electronic Monitoring
Program.
City council approved a local plan on October 23, 1995, that
described the proposed programs and services to be developed
which was submitted to the then State Department of Youth and
Family Services, now referred to as the Department of Juvenile
Justice.
II. CURRENT SITUATION
The Outreach Proqram has developed a House Arrest Electronic
Monitorinq Proqram to be made available for the 23rd and 23-A
Judicial District Court Service Units, and the 25th Judicial
District Juvenile and Domestic Relations Court Service Unit
comprising the County of Botetourt.
1. VJCCCA fundinq is beinq provided for a full-time
Electronic Monitoring Supervisory Position and
associated program costs.
Trackinq Systems Corporation (~TSC") can provide the
equipment and monitoring necessary for the electronic
monitoring program. A contract for provision of
services and equipment has been negotiated. The cost of
the equipment and service will not exceed $15,000. The
City sought bids to obtain this equipment and service.
TSC was the only company meeting bid specifications.
The Honorable David A.
May 5, 1997
page 2
Bowers,
Mayor and Members of City Council
Furthermore, TSC was chosen because their liability
insurance would not hold the City responsible for any
cost related to repairs or replacement should damage or
loss to their equipment occur.
The contract with TSC requires the City to indemnify TSC
from any and all claims resulting from the negligence or
willful misconduct of the City or its employees and
agents in the operation and use of the equipment as well
as any liability resulting from the acts of clients
using the equipment. Council authority is required to
allow the City to enter into a contract with such an
indemnification provision. F.Y.I· Pursuant to the
contract TSC agrees to indemnify the City for any and
all claims resulting from the negligence or willful
misconduct of TSC or its employees or agents.
III. ISSUES
1. Aqreement Indemnification Clause
2. Funding
3. Timeliness
4. Cost to the City
IV. ALTERNATIVES
no
Authorize the City Manaqer or the Assistant City Manaqer to
execute and the City Clerk to attest an aqreement with TSC
containing the indemnification from the City.
Indemnification by the City and TSC has been worked out
as set forth in II.A.3.
Fundinq - The contract amount is not expected to exceed
$15,000.00. VJCCCA Funding is to be provided by the
State Department of Juvenile Justice.
Timeliness - VJCCCA Funding is available for Fiscal Year
1996/97 and FY 1997/98; if these funds are not utilized,
they will have to be returned to the State.
Cost to the City There is no additional cost to
the City. However, the City is required to maintain its
current local funding level as stipulated under the
VJCCCA agreement.
MONITORING SERVICE AND
EQUIPMENT AGREEMENT
NO. 1098
BETWEEN
TRACKING SYSTEMS CORPORATION
AND
THE CITY OF RO~/qOKE - VA
Tracking Systems Corporation
This Agreement, dated as of ("Agreement")
is made between TRACKING SYSTEMS CORPORATION (TSC) ("Provider"), a
Pennsylvania corporation with its principal place of business at
2404 Park Drive, Commerce Park, Harrisburg, Pennsylvania 17110 and
the City of Roanoke, a Virginia Municipal Corporation ("Agency")
with its principal place of business at 215 Church Avenue SW,
Roanoke, Virginia 24011.
Both parties agree this Agreement outlines the
responsibilities of each party relative to operation of an
Electronic Monitoring Program. Both parties agree and understand
that the Agency's Juvenile Detention Home, located at 4345 Coyner
Springs Road, Roanoke, Virginia 24012, will be the Agency's
department utilizing the Electronic Monitoring Program.
This Agreement by the stated parties is effective as of
Provider agrees to provide to Agency the following products
and services from the effective date of this Agreement:
1.0 Equipment
1.1 Provider shall provide the required field monitoring
equipment, installation tools and equipment and a proportionate
share of its host computers. Other equipment/features may be
provided subject to mutual agreement in writing.
1.2 The Field Monitoring Equipment is an active monitoring
system consisting of a radio frequency transmitter, a Field
Monitoring Device (FMD) and/or a Passive System (visual
verification). Transmitters and FMD's are considered "field
equipment" and are issued to Agency and the program's clients (for
the purposes of this Agreement, a client is defined as an offender
sentenced and subject to a home arrest monitoring program). The
host computer system is located at the Provider's offices. The
field equipment communicates with the host computer system through
the client's standard telephone service.
1
Corpor~e Headqua~ers, 2404 Park Drive, Commerce Park, Harrisburg, Pennsylvania 17110
(717) 671-8700,{800)747-3801, Fax:(717)671-8881
1.3 Provider shall supply, within 72 hours of receipt of written
notification set by fax to the Provider, a sufficient quantity of Field
Monitoring Equipment, including on-site spare inventory, to meet
Agency's need. Agency shall assist Provider in forecasting equipment
needs to ensure Provider's order of equipment for Agency reasonably
matches the demand.
1.4 Provider will supply without additional cost all equipment
maintenance and warranties.
1.5 Provider will supply a sufficient quantity of tools and
instruments for Agency use in order to implement the program.
1.6 Shipping of equipment and associated tools and supplies and
the cost associated therewith are the responsibility of Provider.
1.7 Provider
associated with the
stated in Exhibit A.
will bear all long distance telephone charges
field equipment computer communications except as
2.0 Monitoring Services
2.1 Provider will maintain 24 hour, 7 day per week monitoring of
cases referred by Agency.
2.2 Provider will handle data entry, data termination, data
storage, and monitoring transmission data for all cases referred by
Agency.
2.3 Data entry consists of entering all required computer
demographic, curfew, and system configuration data on each case. Upon a
client's completion of the monitoring term Provider will print a
termination record of all transmission data during the term of
monitoring. This record will be forwarded by Provider to the Agency
upon completion of the monitoring term.
2.4 Provider will provide notification of client violations to
authorized and identified Agency staff. Violation notification will
take place on an immediate, or next working day basis (see Section 3.0)
according to Provider policy or as agreed upon in writing by Agency and
Provider.
2.5 Client violation and equipment status information will be
documented and maintained by Provider in a case file developed for each
client referral.
2
3.0 Provider Notification Policy
3.1 Immediate Notification - On a 24 hour, 7 day basis all curfew
violation in excess of one-half hour will be reported to Agency staff
immediately upon the completion of the one-half hour period or as soon
as possible, provided, however, such notification must be within four
(4) hours thereafter. Ail first-time detected tampers shall be reported
to Agency staff within one-half hour of occurrence.
3.2 ~ - Curfew violations and tampers will be
reported by 9 AM the next working day following the violation. Working
days are determined by scheduled Agency staff working days. Scheduled
agency staff working days are seven (7) days a week. Equipment status
problems may be reported at any notification level desired by Agency.
3.3 Ail violation reporting intervals are determined by written
request of Agency. Provider will adjust its policy to meet notification
intervals desired by Agency.
3.4 Violation information will be communicated by telephone. Hard
copy reports will be maintained on file at Provider's monitoring office.
Daily reports will be provided to Agency by facsimile transmission.
4.0 Agency's Obligations
4.1 Agency will retain complete authority for case selection and
case management;
4.2 Agency will be responsible for all liaison work with the
involved courts;
4.3 Agency will provide to Provider required client case and
curfew information, including essential demographic and case information
as well as the establishment of daily curfews.
4.4 Agency will identify and make available Agency staff for the
purpose of Provider notification of client violations and equipment
status problems.
4.5 Agency will perform or oversee client orientation and
installation of equipment in compliance with Provider policy. Provider
policy establishes a specifically correct method of equipment
installation. Client orientation, in accordance with Provider policy,
establishes equipment use guidelines. Agency will ensure that an
equipment assignment form is signed by the clients. Provider will give
its standard equipment assignment form to the agency to use for this
purpose.
4.6 Agency will establish violation notification parameters and
violation response policy and respond to violations in accordance with
that policy.
5.0 ~
5.1 Provider will provide on-site training for Agency staff prior
to initiating the monitoring program. The training shall be divided
into classroom-type and practical hands-on instruction. Agency may
choose to expand this training into additional and periodic training.
5.2 Each party is obligated to protect the proprietary rights and
trade secrets which must be revealed during the course of business.
Such obligation shall be for the term of the Agreement and five (5)
years thereafter. Publicly available information shall not be considered
proprietary.
5.3 This Agreement is limited in its scope to its defined
purpose. It in no way implies that either party has specific knowledge
or bears responsibility for the business practices of the other party.
All business practices and contract compliance outside the defined
conditions of this Agreement and authorized amendments are the sole
responsibility of each party.
5.4 The representations made in this Agreement constitute the
entire agreement. No prior or contemporaneous negotiations,
understandings, or agreements shall be valid unless in writing and
signed by authorized representatives of each party.
5.5 Provider and Agency shall conduct an assessment on at least a
monthly basis to review the Agreement conditions and working
relationship as well as to project business, equipment needs, inventory
status and program continuation.
5.6 Provider and Agency shall maintain liability insurance for
bodily injury and property damage. Provider's insurance shall provide at
least one million dollars commercial general liability insurance by a
company acceptable to the Agency. A copy of Provider's Group Liability
Continuous Coverage Certificate that lists the Agency, its officers,
agents, and employees as additional insureds and stating that the
provider of said insurance shall notify the Agency's Risk Management
Officer at least thirty (30) days in advance cancellation or material
change in said policy shall be provided to Agency's Risk Management
Officer.
6.0 Warranties
6.1 Provider shall pass along to Agency all available equipment
warranties provided to Provider.
6.2 PROVIDER EXPRESSLY DISCLAIMS ANY WARRANTY THAT ITS MONITORING
SERVICE OR ITS SYSTEM IS IMPERVIOUS TO TAMPERING. IN NO EVENT, EXCEPT
AS PROVIDED IN SECTION 10 OF THIS AGREEMENT WILL PROVIDER BE LIABLE FOR
ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR, INCIDENTAL DAMAGES IN
CONNECTION WITH OR ARISING OUT OF THE PROVIDING, PERFORMANCE OR USE OF
THE PRODUCTS PROVIDED UNDER THIS AGREEMENT. PROVIDER SHALL NOT BE
LIABLE FOR ANY FAILURE OR DELAY IN PERFORMANCE HEREUNDER WHICH IS DUE,
IN WHOLE OR IN PART, TO ANY CAUSE BEYOND ITS CONTROL. IN NO EVENT DOES
PROVIDER ASSUME ANY RESPONSIBILITY FOR ACTS THAT MAY BE COMMITTED BY
PERSONS SUBJECT TO OR USING PRODUCTS.
6.3 Exclusions The foregoing warranties will not apply if
adjustment, repair or parts replacement is required because of accident,
transportation by customer, neglect, abuse or misuse, lightning, failure
or fluctuation of electrical power, air conditioning or humidity
control, theft, fire or water damage, telephone equipment or
communication lines failure, failure of foreign interconnect equipment,
use of external materials which do not adhere to manufacture's
specifications, a copy of which is attached hereto as Exhibit B, or
causes other then ordinary use. Provider shall not be required to adjust
or repair any unit of Equipment or part if it would be impractical to do
so because of alterations in the Equipment, its connection by mechanical
or electrical means to unauthorized equipment or devices, or if the
Equipment is located outside the U.S. THE EQUIPMENT IS INTENDED SOLELY
FOR THE PURPOSE OF IDENTIFYING THE PRESENCE OR ABSENCE OF A PERSON UNDER
SPECIFIC CIRCUMSTANCES. THE PRODUCT IS NOT IMPERVIOUS TO TAMPERING OR
MISUSE. ITS USE OR ASSIGNMENT IS LEFT SOLELY TO THE DISCRETION OF A
RESPONSIBLE JUDICIAL OR CORRECTIONAL OFFICIAL.
7.0 Cost of Services
7.1 Provider will provide all products and services outlined in
this Agreement at a daily cost based upon a per unit/per day basis as
per Exhibit A. Agency agrees to pay said cost up to a total not to
exceed $ 15,000.00 unless this agreement is amended in writing executed
by both parties.
7.2 Spare field equipment units in Agency inventory by Agency
request that exceed one spare unit are considered billable units.
7.3 Provider will bill Agency on a monthly basis after the
delivery of services. Payment shall be made by Agency to Provider
within 30 days of receipt of billing.
5
7.4 The cost responsibility for lost, stolen, or damaged
equipment shall be covered by Provider's insurance program.
8.0 Assignment by Tracking Systems Corporation
8.1 This Agreement and the obligation of Agency to make payments
under an Equipment Schedule may be assigned in whole or in part by
Provider provided the Provider has obtained the consent of Agency.
Agency agrees to execute all documents, including notices of assignment
and chattel mortgages or financing statements, which may be reasonably
requested by Provider or its assignee to protect their interest in the
Equipment and in this Agreement.
9.0 Term of Agreement, Termination, Renewal
9.1 The term of this Agreement
(unless terminated as provided herein
Agreement.
is for a twelve (12) month term
from the effective date of this
9.2 This Agreement may be terminated by either party upon written
notification to the other party. Cessation of services and
responsibility defined in this Agreement may not take place less than 30
days from the receipt of notification. Except in the event of
nonappropriation of funds by the Commonwealth of Virginia for this
program, no termination may take place without this notification
procedure. In the event of such nonappropriation, Agency shall
immediately notify Provider by certified mail return receipt requested
of the nonappropriation, and upon receipt of the notice, this Agreement
shall terminate.
9.3 Notwithstanding the foregoing, in the event of any
termination of this Agreement, both parties agree that this Agreement
will remain in full force and effect until such time as the monitoring
term for each and every client has been completed.
9.4 Ail notifications in respect to this Agreement shall be in
writing and signed by a duly authorized representative of the party.
Notification documents shall be sent by certified mail or delivered by
messenger. Notices to Agency shall be sent to Outreach Coordinator,
Juvenile Detention Home, 4345 Coyner Springs Road, Roanoke, Virginia
24012. Notice to Provider shall be sent to John A. Sciortino, CEO, 2404
Park Drive, Commerce Park, Harrisburg, Pennsylvania 17110.
9.5 Upon proper notification neither party shall be obligated to
the other in any way outside those responsibilities defined in this
6
Agreement. Notwithstanding, upon completion of Provider services,
Agency shall return in a timely manner all property due to Provider.
Provider is entitled to full payment for services rendered and accepted
by Agency whether during the term of this Agreement or thereafter.
10.0 Indemnification Covenants
10.1 Provider will indemnify Agency from and against all liability
resulting from the negligence or willful misconduct of Provider, its
employees and agents in the delivery of the Equipment or services.
Agency will indemnify Provider from and against all liability from the
negligence or willful misconduct of Agency, its employees and agents in
the operation and use of the Equipment.
10.2 Because Provider does not approve those persons selected by
Agency for Agency electronic monitoring program, Agency agrees to
indemnify Provider from and against all liability, except for lost,
stolen, or damaged equipment, resulting from the acts committed by those
persons that Agency selects for its electronic monitoring program.
10.3 The term ~liability" includes but is not limited to legal
fees and expenses, penalties, and interest.
10.4 This indemnification provision shall remain in effect even
if:
1. Agency has made full payment under this Agreement;
or
2. This Agreement is terminated
11.0 Governing Law
11.1 This Agreement shall be governed by and
accordance with the laws of the Commonwealth of Virginia.
construed in
12.0 Entire Agreement
The entire agreement between the parties with respect to the
subject matter hereof is contained in this Agreement and this Agreement
shall be binding on and inure to the benefit of the parties hereto and
their representatives, heirs, and successors.
IN WITNESS WHEREOF, the parties have executed this Agreement by
their duly authorized representatives, effective as of the date first
set forth above.
TRACKING SYSTEMS CORPORATION
THE CITY Of ROANOKE - VA
BY: BY:
W. Robert Herbert
City Manager
DATE:
DATE:
8
Exhibit A
to the
Monitoring Service and Equipment Agreement
between
Tracking Systems Corporation
and
The City of Roanoke - VA
Eagle 9000 $5.50 per day
TrakTek $5.95 per day
Visitel $3.50 per day *
B.A.T. $3.00 per day**
TrakTek $9.95 per day *
Visitel **
B.A.T.
Eagle 9000 $11.00 per day *
Visitel **
B.A.T.
TrakTek $7.95 per day *
Visitel
The above price quotation includes all of the following at NO ADDITION C~L~RGE:
1. Sufficient number of tool sets for agency to properly install units,
2. Insurance coverage of all equipment leased for lost, stolen or damaged equipment.
3. Ongoing personnel training and support.
4. Program development and assistance.
5. 24 hour monitoring of offenders, technical support and daily fax reporting.
6. On-site spare inventory.
* Includes three (3) visual calls per day~ Additional calls will be $.50
each.
** Includes one (1) BAT call per day. Additional calls will be $1.00 each.
Exhibit B
to the
Monitoring Service and Equipment Agreement
between
Tracking Systems Corporation
and
The City of Roanoke - VA
* Cleaning and Storing of the Transmitter
* Important Points to Remember
* Transmitter Specifications
* Cleaning and Storing the FMD
* FMD Specifications
f: \mso f f ice \winword\ contract \roanj uv. doc
10
Cleaning and Storing the Transmitter
WARNING: ALWAYS HAVE THE BATTERY INSTALLED WHEN
WASHING A TRANSMITTER. THE TRANSMITTER IS ONLY
CONSIDERED WATER-TIGHT WHEN A BATTERY IS IN PLACE.
The reusable parts of the Transmitter should be thoroughly cleaned after removal.
To clean the Transmitter:
1. Remove the latches and discard them. Use the hex screwdriver to disassemble both
of the clamp/rail assemblies and remove the strap. Discard the strap.
With the battery still inside the Transmitter. wash the Transmitter case, rails, and
clamps with a soft brush. Use LysolTM to sanitize the parts. Do not use PinesolTM or
any cleaning products that may contain pine oil as these solvents may damage the
plastic case. Allow the parts to dry.
Re-assemble both clamp/rail assemblies and secure one assembly on the strap.
Place the other assembly on the opposite end of the strap but do not tighten it
down.
Apply a thin coating of the recommended lubricant to the metal contacts on each
rail as shown below.
approved lubl'h:aat
Figure 2-9. Apply the recommended lubricant to the gold contact on each rail.
Remove the battery from the Transmitter case and store it in the original protective
sleeve.
Important Points to Remember
· Always wash Transmitters with the battery installed. Any moisture inside the battery
compartment can cause battery terminals to corrode.
· Always install the strap with the sizing numbers facing outward (away from the leg).
Always install the clamp/rail assembly so that the teeth are facing the front of the
Transmitter case. If the clamp is installed backwards, the tamper circuitry inside the
strap will not make solid contact with the Transmitter.
· Make sure that you can insert only one finger between the strap and client's ankle
(check the sizing).
· Make sure that the strap is cut precisely on the appropriate line and not between two
lines. Remember to cut the line one less than the one you see during sizing.
Transmitter Specifications
Dimensions: 2.7 x 2.3 x 0.9 inches (6.7 x 5.8 x 2.3 cm)
Weight: 0.23 pounds (0.104 kg)
Operating Temperature: 32°F to 122°F (0°C to 50°C)
Water Resistance: Up to 15 feet (4.6 meters)
RF Range High setting: 150 feet (46 meters)
(approximate): Medium setting: 75 feet (23 meters)
Low setting: 35 feet (11 meters)
Battery Life: One year
United States FCC, Part 15
This device complies with Part 15 of the FCC Rules. Operation ia subject to the following two
conditions: (1) This device may not cause harmful interference, and (2) this device must accept
any inter~erenca received, including interference that may cause undesired operation.
Any changes or modifications made by the user to this equipment that are not expressly approved
by BI Incorporated could void the user's authority to operate the equipment.
Industry Canada
This device complies with TRC-51 of Industry Canada. Operation is subject to the following two
conditions: (1) this device may not cause interference, and (2) this device must accept any
interference that may cause undesired operation of the device.
Cleaning and Storing the FMD
After removing an FMD from the client's home, clean the unit by wiping the case with a
soft cloth. You can use Lysol as a disinfectant if needed. Do not use any products that
contain pine oil.
Store the FMD in its original box.
Note: Be sure to turn the FMD Power switch to the OFF position before placing
the unit into inventory. If the switch is left in the ON position, the battery power
will be drained within a few days.
FMD Specifications
Dimensions: 9.0 x 10.0 x 1.5 inches (22.9 x 25.4 x 3.8 cra)
Weight: 2 lb. (0.91 kg)
Battery: NiCad. Provides 12 hours of reserve power. Allow 16
hours for complete charge. ~,
Input Power 120VAC+I 0%, 60 Hz
Requirements:
Operating Temperature: 32°F to 122~F (0°C to 50°C)
RF Range Maximum of 150 feet (46 meters) between FMD and
(approximate): Transmitter, open field, adjustable to 75 (23 meters) or 35
feet ( I I meters)
Telephone Inputs: RI- 1 I
Power Consumption: 1.0 watts nominal, 4.5 watts max.
Humidity.: Maximum 90% non-condensing
Other: The FMD is a completely sealed unit with phone and
power cords that are field-replaceable.
Antennas: Two internal
Modem: 300 baud
Surge Protection: Both power and phone inputs have built-in surge
protection. These provide adequate protection except in
extreme cases where lightening strikes the residence.
Power Transformer: 9-Volt. 1-Amp, 10-foot cord length
Receiver: Superhetrodyne FM
Encryption: Data to and from the monitoring center computer is
eric ,rypted to increase security.
Message Buffer:. Holds up to 64 messages.
United States FCC. Part 15
This device complies with Pert 15 of the FCC Rules. Operation is subject to the following two
conditions: (1).This device may net cause harmful interference, and (2) this device must accept
any interference received, including interference that may cause undesired operation.
Any changes or modifications made by the user to this equipment that are not expressly approved
by BI Incorporated could void the user's authority to operate the equipment.
NOTE:
This equipment has been tested and found to comply with the limits for a Class B digital
device, pursuant to Part 15 of the FCC Rules. These limits are designed to provide
reasonable protection against harmful interference in a residential installation. This
equipment generates, uses and can radiate radio frequency energy and, if not installed
and used in accordance with the instructions, may cause harmful interference to radio
communications. HoWever, there is no guarantee that interference will not occur in a
particular installation. If this equipment does cause harmful interference to radio or
television reception, which can be determined by tuming the equipment off and on, the
user is encouraged to try to correct the interference by one or more of the following
· Randent or relocate the receiving antenna
· Increase the separation between the equipment and receiver
· Connect the equipment into an outlet on a circuit different from that to which the
receiver is connected
· Consult the dealer or an experienced radio/TV technician for help
United States FCC, Part 68
Complisnce Itltement - This equipment complies with Part 68 of the FCC rules. On the bottom
of the Reid Monitoring Device is a label that contains, among other information, the FCC
registration number and finger eduivaJanca number (REN) for this equipment. If requested, this
information must be provided to the telephone company.
Jack type needed - The Field Monitoring Device connects to the telephone ne'Monk with a USOC
P, J1 lC jack. An FCC compliant telephone cord and modular plug is provided with this equipment.
This equipment is designed to be connected to the telephone ne/nvork or premises widng using a
compatible modular jack which is Part 68 compliant.
Explanation of tho Ringer Equivalence Number (lIEN) - The REN ia used to determine the
quantity of devices which may be connected to the telephone line. Excessive RENs on the
telephone line rcay result in the devices not finging in response to an incoming call. In most, but
net all areas, the sum of the RENS should net exceed five (5.0). To be certain of the number of
devices that may be connected to the line, as determined by the total RENs, contact the telephone
company to determine the maximum REN for the calling area.
Temporary dlanontlnuence of lendce - If the Reid MoniE)ring Device causes harm to the
telephone network, the telephone company will netJfy you in advance that temporan/
discontinuance of sen'ica may be required. But if advance notice isn't prachcaJ, the telephone
company will notify the customer as soon aa pcastble. Aisc, you will be advised of your fight to file
a complaint with the FCC if you believe it is necaasmy.
Telephone company change. - The telephone company may make changes in its facilitie.~
equipment, operations, or procedures that could affect the operation of the equipment. If this
happens, the telephone company may provide advance notice in order for you to make the
necessary modifications in order to maintain uninterrupted service.
Dlesonnectlon In case of trouble end location of repair center - If trouble is expedanced with
the Field Monitoring Device, please contact BI Incorporated. If the equipment is causing harm to
the telephone network, the telephone company may request that you disconnect the equipment
from the network until the problem is resolved.
Repairs ccatomere can make - There are no customer-serviceable parts inside the BI 9000 Field
Monitoring Device. (Power and phone cords are replaceable on the BI 9000 Field Monitoring
Device.)
Prohibitions - Connection to perry lines or to telephone company coin service is prohibited.
Industry Canada
NOTICE: The Canadian Department of Communications label identifies certified equipment. This
certification means that the equipment meets certain telecommunications network protective,
operational and safety requirements. The Department does not guarantee the equipment will
operate to the user's satisfaction.
Before installing this equipment, users should ensure that it is permissible to be connected to the
facilities of the local telecommunications company. The equipment must also be installed using an
acceptable method of connection. The customer should be aware that compliance with the above
conditions may not prevent degradation of service in some situations.
Users should ensure for their own protection that the electrical ground connections of the power
utility, telephone lines and intemal metallic water pipe system, if present, are connected together.
This precaution may be particularly important in rural areas.
Caution: Users should not attempt to make such connections themselves, but should contact the
appropriate electric inspection authority, or electrician, as appropriate.
NOTICE: The Lo"si Number (LN) assigned to each termlnaJ device denotes the percentage of the
total load to he connected to a telephone loop which is used by the device, to prevent overloading.
The termination on a loop may consist of eny combination of devices subject only to the
requirement that the sum of the Load Numbers of all the devices does not exceed 100.
This device complies with TRC-51 of Industry Canada. Operation i. subject to the following two
conditions: (1) this device may not cause interference , and (2) this device must accept any
interference that may cause undesired operation of the device.
Mar/F. Parker, CMC/AAE
c~y C~rk
CITY OF ROANOKE
Office of the City Clerk
Sandra H. Eakin
Deputy City Clerk
May 7, 1997
File ~60-72
James D. Grisso
Director of Finance
Roanoke, Virginia
Dear Mr. Grisso:
I am attaching copy of Ordinance No. 33368-050597 amending and reordaining certain
sections of the 1996-97 General Fund Appropriations, providing for appropriation of
$240,000.00 to correct a deficit in the ADC-Foster Care Program. The abovereferenced
measure was adopted by the Council of the City of Roanoke at a regular meeting held on
Monday, May 5, 1997.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:sm
Enc.
pc:
W. Robert Herbert, City Manager
Glenn D. Radcliffe, Director, Human Development
Corinne B. Gott, Manager, Social Services
Diane S. Akers, Budget Administrator, Office of Management and Budget
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 5th day of May, 1997.
No. 33368-050597.
AN ORDINANCE to amend and reordain certain sections of the 1996-97 General
Fund Appropriations, and providing for an emergency.
WHEREAS, for the usual daily operation of the Municipal Government of the City
of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that
certain sections of the 1996-97 General Fund Appropriations, be, and the same are
hereby, amended and reordained to read as follows, in part:
Appropriations
Health and Welfare
Social Services (1) ........................................
Revenue
Grants-in-Aid Commonwealth
Welfare (2) ..............................................
$ 22,349,014
6,443,663
$ 35,946,693
15,227,728
1) A.D.C. Foster
Care (100%)
2) Foster Care
(001-054-5314-3115)
(001-020-1234-0675)
$ 240,000
240,000
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall
be in effect from its passage.
A'I-rEST:
City Clerk.
II.
IlL
IV.
Roanoke, Virgima
May 5, 1997
#97-585
The Honorable Mayor and
Members of City Council
Roanoke, Virginia
Mayor and Members of Council:
SUBJECT:
APPROPRIATE FUNDS TO CORRECT DEFICIT IN FOSTER CARE
PROGRAM AFDC-FC
BACKGROUND
Social Services, throu~ our Foster Care Pro,am. orovides out-of-home placements fr,,
certain childre_~_.~_._~n who are in need of protection and can no longer live at home.
For those children who were livine with families who were eliuible for Temt~orary
Assistance to Needy Families TANF (formerly Aid to Families with Dependent
Children, AFDC), the Federal and State Government will reimburse localities for the
costs of out-of-home placements at 100% of cost of room and board.
CURRENTSITUATION
Due to chan~es in eligibility criteria at State level. Social Services tmderestimat,,d t~..
number of children and the level of expenses necessary for eligible children for the
TANF-FC program during Fiscal Year 1996/97.
Also. the Federal Welfare Reform Bill broadened the services that may be included,
increasing the potential for reimbursement at 100%, thereby reducing the fiscal impact on
the CSA foster care program known as Community Services Act.
Therefore, some children have been transferred to the TANF-FC cost cent¢,, from the
CSA cost center, reducing local costs, but increasing the need for an additional
appropriation in the 001-054-5314-3115 cost center.
ISSUES
A. Services to families with children.
C. Budget.
ALTERNATIVES
A. ~ to correct a deficit in the budget for current Fiscal Year 96/97.
1. Services to families with children
a. Children will be protected.
The Honorable Mayor and
Members of City Council
Roanoke, Virginia
May 5, 1997
//97-585
Page Two
Families will receive services to help them become rehabilitated so that
their children may be returned to them.
a. Department of Social Services is required to perform services to protect
children and to reunite families when feasible.
b. Department of Social Services will conduct ongoing reviews to
determine continued eligibility for reimbursement.
3. Budge~t. No local funds requested.
Do not appropriate $240,000 to correct a deficit in the budget for current Fiscal Year
96/97.
Services to families with children. No impact.
~ - Department of Social Services remains mandated to provide
services.
Budget - Department of Social Services will be required to transfer costs of care
to CSA Budget, creating a severe impact on both State and local funds of
$240,000.
RECOMMENDATION
Adoot Alternative A by aDoro~riatino $240,000 to General Fund Expenditure Account
No. 001-054-5314-3115, (ADC-Foster Care), and increasing the General Fund revenue
estimate by $240,000 in Account No. 001-020-1234-0675, (Foster Care).
Respectfully submitted,
W. Robert Herbert
City Manager
CC
Wilburn C. Dibling, City Attorney
James D. Grisso, Director of Finance
Mary F. Parker, City Clerk
Glenn D. Radcliffe, Director of Human Development
Corinne B. Gott, Superintendent of Social Services
Diane S. Akers, Budget Administrator
MaW F. Parker, CMC/AAE
Cay Cbrk
CITY OF ROANOKE
Office of the ¢1~ Clerk
Sandra H. Eakin
Deputy City Clerk
May 7, 1997
File ft60-72-236-304
James D. Grisso
Director of Finance
Roanoke, Virginia
Dear Mr. Grisso:
I am attaching copy of Ordinance No. 33369-050597 amending and reordaining certain
sections of the 1996-97 General Fund Appropriations, providing for appropriation of
$10,000.00 and $100,000.00, respectively, to correct a deficit in the Subsidized Adoption,
Special Needs and IV-E programs, to continue provision of subsidies to families adopting
children with special needs. The abovereferenced measure was adopted by the Council
of the City of Roanoke at a regular meeting held on Monday, May 5, 1997.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:sm
Enc.
pc:
W. Robert Herbert, City Manager
Glenn D. Radcliffe, Director, Human Development
Corinne B. Gott, Manager, Social Services
Diane S. Akere, Budget Administrator, Office of Management and Budget
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 5th day of May, 1997.
No. 33369-050597.
AN ORDINANCE to amend and reordain certain sections of the 1996-97 General
Fund Appropriations, and providing for an emergency.
WHEREAS, for the usual daily operation of the Municipal Government of the City
of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that
certain sections of the 1996-97 General Fund Appropriations, be, and the same are
hereby, amended and reordained to read as follows, in part:
Aoorooriations
Health and Welfare
Social Services - Services (1-2) ..............................
Revenue
Grants-in-Aid Commonwealth
Welfare (3) ..............................................
1) Special Needs
Adoption
2) Subsidized Adoption
IV-E
3) Foster Care
(001-054-5314-3130) $ 10,000
(001-054-5314-3155) 100,000
(001-020-1234-0675) 110,000
$ 22,459,014
6,553,663
$ 36,056,693
15,337,728
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall
be in effect from its passage.
ATTEST:
City Clerk.
Roanoke, Virginia
May 5, 1997
#9%586
The Honorable Mayor and
Members of City Council
Roanoke, Virginia
Mayor and Members of Council:
SUBJECT:
APPROPRIATE FUNDS TO CORRECT DEFICIT IN SUBSIDIZED ADOPTION,
SPECIAL NEEDS, AND IV-E
Il.
III.
BACKGROUND
In order to provide permanency in planning for certain foster care children who have
multiple handicaps, making it difficult to place those children for adoption, the Federal
and State eovemments have aonronriated funds to help make it possible for families to
legally adopt children they have an interest in and receive h 1 wi ostl tr atmen
services.
Roanoke City Denartmant of Social Services finalizes adootions on an averaee of 1 q
children a year who need subsidies to complete their permanent planning.
Durine FY 95/96. we completed 18 adoption placements that need continued subsidies
with six years as an average age of child.
CURRENTSITUATION
A. During this FY 96/97, we have placed additional children with subsidies.
Three families from placement in previous years have become eligible for residential
placement for the child to correct behavioral problems and prevent disruption.
Cost of care for FY 96/97 exceeds the estimated budgeted amount in cost centers
001-054-5314-3130 and 001-054-5314-3155.
ISSUES
A. Services to families and children
B. Legal.
C. Funding.
ALTERNATIVES
Annronriate $10,000 to Account No.001-054-5314-3130 and 00~0,0~,g~t No.
001-054-5314-3155 in order to continue to provide subsidies to families who have--
adopted children with special needs.
1. Services to families and children:
The Honorable Mayor and
Members of City Council
Roanoke, Virginia
May 5, 1997
#97-586
Page Two
a. Families will be able to receive the help thev need in order to remain an
intact family.
b. Children may be orevented from re-enterine the foster care sWstem.
2. Legal - Federal and State policies make the children eligible, for subsidies.
3. Funding - No cost to the locality. Funding will be provided by State grant funds.
B. Do not aooronriate $10.000 to Account NO. 001-054-5314-3130 and $100.000 to
Aceount No. 001-054-5314-3155
1. Services to families and children:
a. Families will not receive financial help with treatment plans from
subsidy program resources.
b. Disruntion of olacemcnt may occur.
2. Legal - Possibility that litieation could result.
3. Funding - Failure to act could increase foster care (CSA) budeet.
RECOMMENDATION
Approve Alternative A and appropriate $10,000 to Account No. 001-054-5314-3130, (Special
Needs Adoption) and $100,000 to Account No. 001-054-5314-3155, (Subsidized Adoption).
Increase the General Fund revenue estimate in Account No. 001-020-1234-0675, (Foster Care),
by $110,000.
Respectfully submitted,.
W. Robert Herbert
City Manager
Wilburn C. Dibling, City Attomey
James D. Grisso, Director of Finance
Mary F. Parker, City Clerk
Glenn D. Radcliffe, Director of Human Development
Corinne B. Gott, Superintendent of Social Services
Diane S. Akers, Budget Administrator
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (5401 853-2541
Fax: (540) 853-1145
SANDRA H. EAKIN
Deputy City Clerk
May 7, 1997
File ~.44-367
Perry G. Gorham, Vice President
Crestar Bank
P. O. Box 2867
Roanoke, Virginia 24001-2867
Dear Mr. Gorham:
I am enclosing copy of Resolution No. 33371-050597 accepting and expressing
appreciation for a bequest to the Roanoke City Nursing Home, in the amount of $9,760.00,
from the Residuary Estate of the late Beulah Kirby Bernard. The abovereferenced
measure was adopted by the Council of the City of Roanoke at a regular meeting held on
Monday, May 5, 1997.
Sincerely, Pc~,,.A,~
Mary F. Parker, CMC/AAE
City Clerk
MFP:sm
Eno.
pc:
W. Robert Herbert, City Manager
Wilburn C. Dibling, Jr., City Attorney
Glenn D. Radcliffe, Director, Human Development
Robert F. Hyatt, Manager, Nursing Home
Diane S. Akers, Budget Administrator, Office of Management and Budget
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 5th day of May, 1997.
No. 33371-050597.
A RESOLUTION accepting and expressing appreciation for the
monetary donation from the Estate of the late Beulah Kirby Bernard.
WHEREAS, as a partial distribution on the Residuary Estate of
the late Beulah Kirby Bernard, the Nursing Home will received a
bequest in the amount of $9,760.00, with no restrictions or
contingencies; and
WHEREAS, an additional bequest may be received when additional
real estate has been sold and a final distribution of the estate is
made.
THEREFORE, BE IT RESOLVED by the Council of the City of
Roanoke as follows:
1. This Council accepts and expresses its appreciation for
the bequest to the Nursing Home in the amount of $9,760.00 from the
Residuary Estate of the late Beulah Kirby Bernard.
2. The city Clerk is directed to forward an attested copy of
this resolution to Mr. Perry G. Gotham, Vice President, Crestar
Bank.
ATTEST:
City Clerk.
Mary F. Parker, CMClAAE
City Clerk
CITY OF ROANOKE
Office of the City Clerk
Sandra H. Eakin
Deputy City Clerk
May 7, 1997
File ft.44-60-367
James D. Grisso
Director of Finance
Roanoke, Virginia
Dear Mr. Grisso:
I am attaching copy of Ordinance No. 33370-050597 amending and reordaining certain
sections of the 1996-97 Nursing Home Fund Appropriations, providing for appropriation
of $9,760.00, representing a bequest to the Roanoke City Nursing Home from the
Residuary Estate of the late Beulah Kirby Bernard. The abovereferenced measure was
adopted by the Council of the City of Roanoke at a regular meeting held on Monday,
May 5, 1997.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:sm
Enc.
pc:
W. Robert Herbert, City Manager
Glenn D. Radcliffe, Director, Human Development
Robert F. Hyatt, Manager, Nursing Home
Diane S. Akers, Budget Administrator, Office of Management and Budget
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 5th day of May, 1997.
No. 33370-050597.
AN ORDINANCE to amend and reordain certain sections of the 1996-97 Nursing
Home 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 1996-97 Nursing Home Fund Appropriations, be, and the same are
hereby, amended and reordained to read as follows, in part:
Appropriation
Operating Expenses (1) ......................................
Revenue
Operating (2) ..............................................
$1,845,070
$ 9,760
1) Water and Sewage
2) Donation Bernard
Estate
(009-054-5340-2026) $ 9,760
(009-020-1234-1166) 9,760
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall
be in effect from its passage.
A'I-rEST:
City Clerk.
May 5, 1997
Report # 97-587
The Honorable Mayor and
Members of City Council
Roanoke, Virginia
Mayor and Members of Council:
SUBJECT: BEQUEST TO ROANOKE CITY NURSING HOME
I. BACKGROI/ND
The City Code requires that when the value of a gift,
grant, devise or bequest is more than five thousand
dollars ($5,000.00), acceptance or rejection shall be by
ordinance or resolution of the council.
II. CURRENT SITUATION
m o
Nursinq Home has received a bequest in the amount of
$9,760.00, partial distribution on the Residuary Estate
of the late Beulah Kirby Bernard.
An additional bequest may be received when additional
real estate has been sold and a final distribution of the
estate is made.
No restrictions or continqencies are placed on the
bequest by the Estate.
III. ISSUES
A. Leqal
B. Fundinq
IV. ALTERNATIVES
ko
Accept the bequest from the distribution of the
Residuary Estate of the late Beulah Kirby Bernard.
Authorize the Department of Finance to increase the
revenue estimate by $9,760.
1. Leqal requirements will be met.
Fundinq of $9,760 will be provided to offset the
additional cost of operating the Nursing Home in
this final year of transition.
The Honorable Mayor and
Members of City Council
Page 2
May 5, 1997
B. Do not accept the beGuest.
1. Legal requirements will be met.
Fundinq of the City subsidy of
will be from local funds only.
RECOMMENDATIO___~N
the Nursing Home
ao
City Council concur in Alternative A and authorize the
Director of Finance to:
Increase the revenue estimat~ in Account # 009-020-
1234-1166 by $9,760.
o
Increase the appropriations in Account # 009-054-
5340-2010 by $3,000 and in account # 009-054-5340-
2066 by $6,760.
Respectfully submitted,
W. Robert Herbert
City Manager
cc:
Wilburn C. Dibling, City Attorney
James D. Grisso, Director of Finance
Glenn D. Radcliffe, Director of Human Development
R. F. Hyatt, Administrator of Nursing Home
Diane S. Akers, Budget Administrator
Perry G. Gorham, Vice President, Crestar Bank, P.O. Box 2867,
Roanoke, Va 24001-2867
Crestar Bank
FO. Box 2867
Roanoke, VA 24001-2867
(540)982-3000
March 3, 1997
Roanoke City Nursing Home
Mr. R.F. Hyatt
4365 Coyner Springs Road
Roanoke, VA 24012
Dear Mr. Hyatt:
Crestar Bank, as Executor of the Estate of the late Beulah Kirby Bernard is making a partial
distribution of Ms. Bernard's Residuary Estate, at this time. Specifically, we are distributing
$366,000. The share of your organization is 4% of 2/3 o~that mount or $9,760.00. A check in
that amount is enclosed.
We are retaining approximately $50,000 and 4 lots which are listed for sale. When the real estate
has been sold, we will make a final distribution of the estate. In the meantime, if you have any
questions about this distribution or any other aspect of the Bernard Estate, do not hesitate to
contact me. My telephone number is (540)982-3014.
Mary F. Parker, CMC/AAE
c~y Clerk
CITY OF ROANOKE
Office of the City Clerk
May 7, 1997
File f~60-246
Sandra H. Eakin
Deputy City Clerk
James D. Grisso
Director of Finance
Roanoke, Virginia
Dear Mr. Grisso:
I am attaching copy of Ordinance No. 33372-050597 amending and reordaining certain
sections of the 1996-97 Consortium Fund Appropriations, providing for appropriation of
additional funds totaling $392,868.00 to the Fifth District Employment and Training
Consortium, which funds were received from the Governor's Employment and Training
Department to be used to cover costs associated with the 1997 Summer Youth
Employment Program. The abovereferenced measure was adopted by the Council of the
City of Roanoke at a regular meeting held on Monday, May 5, 1997.
Sincerely,
Man/F. Parker, CMC/AAE
City Clerk
MFP:sm
Enc.
pc:
W. Robert Herbert, City Manager
Glenn D. Radcliffe, Director, Human Development
Vickie L. Price, Administrator, Fifth District Employment and Training Consortium
Diane S. Akers, Budget Administrator, Office of Management and Budget
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 5th day of May, 1997.
No. 33372-050597.
AN ORDINANCE to amend and reordain certain sections of the 1996-97
Consortium 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 1996-97 Consortium Fund Appropriations, be, and the same are
hereby, amended and reordained to read as follows, in part:
Appropriations
Fifth District Employment and Training Consortium FY96-97 $ 1,861,836
Title II - B (1-21). 438,079
Revenue
Fifth District Employment and Training Consortium FY96-97 $ 1,861,836
Title II - B (22) 438,079
1) Training Temporary
Employees
2) Training Wages
3) Training Fringes
4) Training Travel
5) Training
Communications
6) Training Supplies
7) Training Insurance
8) Training Equipment
9) Miscellaneous and
Summer Instructors
10) Roanoke City
Schools
11) Dabney S. Lancaster
Community College
(034-054-9765-8049) $ 7,500
(034-054-9765-8050) 31,193
(034-054-9765-8051) 8,500
(034-054-9765-8052) 1,000
(034-054-9765-8053)
(034-054-9765-8055)
(034-054-9765-8056)
(034-054-9765-8059)
(034-054-9765-8060)
(034-054-9765-8231)
(034-054-9765-8232)
750
2,000
1,000
4,500
7,800
72,000
50,500
12) TaP
13) Ro~nok® County
Schools
14) Administrative
Wages
15) Administrative
Fringes
16) Administrative
Travel
17) Administrative
Communications
18) Administrative
Supplies
19) Administrative
Insurance
20) Administrative
Equipment
21) Administrative
Miscellaneous
22) Title II - B
(034-054-9765-8233) $ 70,500
(034-054-9765-8239) 67,000
(034-054-9765-8350) 45,500
(034-034-9765-8351) 11,375
(034-054-9765-8352) 1,500
(034-054-9765-8353) 750
(034-054-9765-8355) 1,500
(034-054-9765-8356) 1,000
(034-054-9765-8359) 5,500
(034-054-9765-8360) 1,500
(034-034-1234-9765) 392,868
BE IT FURTHER ORDAINED that. an emergency existing, this Ordinance shall
be in effect from its passage.
ATTEST:
City Clerk.
May 5, 1997
# 97-588
Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of Council:
SUBJECT:
Appropriation of funding for the Fifth District
Employment and Training Consortium
The Fifth District Employment and Trainina Consortium
_~ administers the federally funded Job Training
Partnership Act (JTPA) for the Fifth Planning District.
The FDETC serves eliaible residentu in the counties of
Alleghany, Botetourt, Craig and Roanoke as well as the
cities of Clifton Forge, Covington, Roanoke and Salem.
C. This a~enc¥ serves two primary client populations:
the economically disadvantaq~d as determined by income
guidelines set by the U.S. Dept. of Labor (under Titles
II-A, II-C and the Summer Youth Employment Program) and
i 1 who have been laid off from
employment through no fault of their own (under Title
III)
The City of Roanoke is the ~rant recipient for FDETC
f~r~. City Council must appropriate the funding for all
grants and other monies the FDETC receives.
II. E A N
Governor's Emplo~vment and Trainin~ Department (GETD) has
sent to the Consortium ' w and adjustments for
programs which include on-the-job training, work experience,
job related education, classroom training, and remedial
education in the following amounts:
Honorable Mayor and Members of City Council
Page 2
May 5, 1997
Title II-B - Summer Youth Employment Program.
Notice of Award - 97-03-04, for ~, will be
used to cover costs associated with the 1997 Summer
Youth Employment program which will provide
remedial education, academic enrichment, work
experience with payment of wages, training,
counseling, and other benefits for youth.
III.
ao m
C. Timing
IV.
ao
Aooropriate the FDETC's additional funding totaling
$392.868.00 and increase the revenue estimate by $392,868.00
in accounts to be established in the Consortium fund by the
Director of Finance.
Proqram Operations - Planning and preliminary
contracting activities will be initiated, ensuring
timely program implementation.
2. ~ - Funds are available from the Grantor agency
as indicated at no additional cost to the City.
TimiDg - Immediate action will allow programs to be
implemented and completed within planned time frames,
March l, 1997 through September 30, 1997.
Bo
Do not aooropriate the FDETC's funding
totaling $-~3--2~-~_0~
ProGram Ooerations - Planning and preliminary
contracting activities would be delayed or
never initiated.
~ - Funds currently available to initiate
these efforts may be rescinded and redistributed to
other localities.
Honorable Mayor and Member of City Council
Page 3
May 5, 1997
~ - Delay will cause late or failed start-up
of programs and possible under expenditure of
available funds.
R OM D
Approve Alternative A:
ADDronriate the FDETC's fundin~ totalin~ S392~868.Q0 and
increase the revenue estimate by $392,868.00, in accounts to be
established in the Consortium fund by the Director of Finance.
Respectfully submitted,
W. Robert Herbert
City Manager
WRH/VLP:wc
CC:
Director of Finance
City Attorney
Director of Human Development
FDETC Executive Director
Mary F. Parker, CMCIAAE
c~y Cbrk
CITY OF ROANOKE
Office of the City Clerk
Sandra H. Eakin
Deputy City Clerk
May 7, 1997
File #9-450
W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Resolution No. 33362-050597 supporting the application of Trans
States Airlines, Inc., for an Exemption from the High Density Rule (Docket No.
OST-97-2368) as it applies to O'Hare International Airport so as to enable Trans States
to operate four daily nonstop roundtrip flights between O'Hare and the City of Roanoke.
The abovereferencad measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, May 5, 1997.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:sm
Enc.
H:~GEND~97UdAy.5
W. Robert Herbert
City Manager
May 7, 1997
Page 2
pc:
Jacqueline L. Shuck, Executive Director, Roanoke Regional Airport, 5202
Aviation Drive, N. W., Roanoke, Virginia 24012
Cathy S. Pendleton, Secretary, Roanoke Regional Airl~'ort Commission, 5202
Aviation Drive, N. W., Roanoke, Virginia 24012
Wilburn C. Dibling, Jr., City Attorney
James D. Grisso, Director of Finance
Kit B. Kiser, Director, Utilities and Operations
Diane S. Akers, Budget Administrator, Office of Management and Budget
Phillip F. Sparks, Chief, Economic Development
E. Douglas Chittum, Economic Development Specialist
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 5th day of May, 1997.
No. 33362-050597.
A RESOLUTION supporting the application of Trans States Airlines, Inc. for an
Exemption from the High Density Rule (Docket No. OST-97-2368).
WHEREAS, Tran~ States Airlines, Inc. (Trans States) has requested that the United
States Depash.ent of Transportation (Departmen0 grant an Exemption from the High
Density Rule as it applies to O'Hare International Airport so as to enable Trans States to
operate four daily nonstop roundtrip flights between O'Hare and the City of Roanoke,
Virginia;
WHEREAS, Congress has become increasingly concerned with the lack of O'Hare
International airport access for small and medium-sized cities;
WHEREAS, Roanoke currently has no nonstop access to Chicago O'Hare, and air
service to O~are involves time-consuming connections, usually at Cincinnati or Charlotte;
WHEREAS, Trans States will offer Roanoke, Asheville, Chattanooga and Tri-Cities
four daily nonstop Jetstream J4 1 roundlrips to O~tare, and the authority requested by Trans
States is consistent with exemptions recently granted Great Lakes Aviation for nonstop
O'Hare service to Dubuque, Fargo and Souix Falls; and
WHEREAS, Roanoke Regional Airport is the primary commercial service airport
serving a 19-county region with a population of more than 700,000 persons, and recent
surveys have established that considerable unmet passenger demand exists between western
Virginia and Chicago;
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this
Council supports the application of Trans States and urges the United States Department of
Transportation to grant expedited consideration of this application and to grant the
Exemption from the High Density Rule requested by Trans States which is consistent with
the public interests.
ATTEST:
City Clerk.
H:~measu~s~-sirtm. l
DAVID A. BOWERS
Mayor
CITY OF ROANOKE
OFFICE OF THE MAYOR
215 Church Avenue, S.W., Room 452
Roanoke, Virginia 24011-1594
Telephone: (540) 981-2444
Fax: (540) 224-3145
May 5, 1997
Mr. John V. Coleman, Director, Office of Aviation Analysis
EAS and Domestic Analysis Division, X-53
U. S. Department of Transportation
400 Seventh Street, S. W., Room 6401
Washington, D.C. 20590
Re:
Application of Trans States Airlines, Inc., for an Exemption from the
High Density Rule; Docket No. OST-97-2368
Dear Mr. Coleman:
Pursuant to City Council Resolution adopted today, a copy of which is enclosed, the
City of Roanoke hereby expresses its full support of the above-referenced application of
Trans States Airlines for an exemption to serve Chicago O'Hare International Airport nonstop
from Roanoke Regional Airport. As the primary commercial service airport serving a 19-
county region with a population of more than 700,000, the resumption of nonstop Roanoke
to Chicago O'Hare service would mark a welcome return of convenient access to this region's
third largest air travel market.
There has been a long history of air set,rice between Roanoke and Chicago, both
before and after airline deregulation. Piedmont Airlines served Chicago O'Hare from
Roanoke for a number of years during the 1970s and 1980s, followed by United Express
carrier Air Wisconsin from March 1988 to September 1992, offering three daily roundtrip
jet flights. In particular, Air Wisconsin's nonstop service to this major hub with its
innumerable connecting opportunities through United Airlines was widely supported by the
citizens of western Virginia, and the return of Chicago service would significantly enhance
western Virginia's accessibility and further contribute to our region's economic development.
In addition, Trans States Airlines' entry into the Roanoke market would make it the second
United Express carrier to serve Roanoke, thereby enhancing airline competition while
augmenting the existing service provided by Atlantic Coast Airlines to Washington Dulles.
Based on its past history and supported by current market data, I have been told by
Roanoke Regional Airport Commission officials that considerable unmet passenger demand
Mr. John V. Coleman, Director
May 5, 1997
Page 2
exists between western Virginia and Chicago, and that the market is currently underserved.
In fact, recent surveys have found that the Chicago/Roanoke market alone generates some
79 passengers per day, with the potential for many more connecting passengers taking
advantage of United Airlines' flights to destinations in the Midwest and West.
Clearly, your approval of this exemption for Trans States Airlines to serve Chicago
O'Hare International Airport from Roanoke Regional Akport is in the public interest and
would make a considerable improvement in Roanoke Regional Airport's air service product.
It is with pleasure that the City of Roanoke supports Trans States Airlines' application for
exemption authority to serve Chicago O'Hare, and I look forward to your timely approval of
its application.
Very truly yours,
DAB/f
Enclosure
David A. Bowers
Mayor
May 5, 1997
97-17
The Honorable Mayor David A. Bowers
and Members of City Council
Roanoke, Virginia
Dear Mayor and Members of Council:
SUBJECT:
Support of Trans State Airlines' request for exemption from the High
Density Rule
L BACKGROUND:
The Roanoke Regional Airport serves a 19-county region with a population of
more than 700,000.
Daily round trip jet flights between Roanoke and Chicago have not been available
at the Roanoke Regional Airport since September, 1992.
H. CURRENT SITUATION:
Demand for Roanoke/Chicago jet service is strong in Western Virginia and would
enhance Western Virginia's accessibility and further contribute to our region's
economic development.
· ' has applied to the United States Department of
Transportation for an exception from the high density rule to serve Chicago
O'Hare International Airport non-stop from Roanoke Regional Airport under the
United Express trade name.
Asheville. NC_ Chattanooga, TN and the Tri-Cities Airport serving Bristol, VA,
Johnson City and Kingsport, TN would also gain service to O'Hare if the
exception is granted to Trans States Airlines.
HI. ISSUES:
A. Funding.
B. Accessibility.
IV. ALTERNATIVES:
City Council adopt a Resolution dated May 5, 1997 expressing full support of the
above referenced application of Trans States Airiines for an exemption to serve
Chicago O'Hare International Airport non-stop from the Roanoke Regional
Airport.
Mayor and Members of City Council
May 5, 1997
Page 2
Funding is not an issue to the City, however the additional flights will
produce increased revenue to the Roanoke Regional Airport.
Accessibility to Roanoke and the entire Western Virginia region will be
enhanced by the additional air service.
~ efforts in Roanoke and Western Virginia will be
enhanced by the improved quality of air service to the region.
~ a Resolution dated May 5, 1997 expressing full support of
the above referenced application of Trans States Airlines for an exemption to serve
Chicago O'Hare International Airport non-stop from the Roanoke Regional
Airport.
~ is a non-issue. But the chance for increased revenue to the
Roanoke Regional Airport will be lost.
2. i" and Western Virginia will remain the same.
~f~f~21II~Ll~lg~ efforts in Roanoke and Western Virginia will not
be enhanced.
V. RECOMMENDATION:
City Council concur with "Alternative A" and adopt a Resolution dated May 5, 1997
expressing full support of the above referenced application of Trans States Airlines for an
exemption to serve Chicago O'Hare International Airport non-stop fi-om the Roanoke Regional
Airport.
Respectfully submitted:
W. Robert Herbert
City Manager
WRH/EDC:kdc
cc: Assistant City Manager
City Attorney
Director of Finance
Director of Utilities and Operations
Manager, Management and Budget
CITY OF ROANOKE
INTERDEPARTMENTAL CO1VIM~ICATION
DATE: April 25, 1997
TO:
FROM:
W. Robert Herbert, City Manager
Wilburn C. Dibling, Jr., City Attorney
Application of Trans States Airlines. Inc,
Trans States Airlines, Inc., has filed an application with the U.S. Depa~hnent of
Transportation to provide four daily non-stop round-trip flights between Chicago O'Hare and
Roanoke. Mark Courtney, Deputy Director, Roanoke Regional Airport Conunision, has
requested that the City Council support this application. All filings and communications
must be filed with the U. S. Department of Transportation on or before Tuesday, May 6,
1997.
The Mayor's Office has forwarded to me sufficient information to draft a resolution
in support of this request. I assume that you will provide a brief Council report making this
recommendation to City Council at its meeting of May 5 and that the City Clerk will assume
responsibility for obtaining overnight courier service so that the resolution can be filed with
the Depa~httent of Transportation on May 6.
I am attaching the package of information forwarded to me fxom the Mayor's Office.
Please let me know how I may be of further service in this matter.
WCD:f
Attachment~
cc: T~ Honorable David A. Bowers, Mayor
vZvlary F. Parker, City Clerk
MARY F. PARKER, CMC/AAE
Cily Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue. S.W.. Room 456
Roanoke, Virginia 24011-I536
Telephone: (540) 853-2541
Fax: /540) 853-1145
May 7,1997
File #53-60
SANDRA H. EAK1N
Deputy Cit? Clerk
The Honorable Arthur B. Crush, III
Clerk of the Circuit Court
Roanoke, Virginia
Dear Mr. Crush:
For filing with the Cimuit Court of the City of Roanoke, Virginia, pursuant to Section 15.1-
227.9, Code of Virginia 1950, I am attaching a certified copy of Resolution No. 33373-
050597 authorizing issuance and sale of not to exceed $50,000,000.00, principal amount
of City of Roanoke, Virginia, General Obligation Public Improvement Refunding Bonds;
fixing the form, denomination and certain other details of such bonds and delegating to the
City Manager and the Director of Finance authority, among other things, to sell such bonds,
to determine the aggregate principal amount of such bonds, the maturity dates of such
bonds and the principal amounts of such bonds maturing in each year, the interest
payment dates for such bonds and the rates of interest to be borne by such bonds, the
redemption provisions and redemption premiums, if any, applicable to such bonds and to
appoint an escrow agent for the bonds to be refunded from the proceeds of such bonds;
authorizing the preparation of a preliminary official statement and an official statement and
the distribution thereof and the execution of a certificate relating to such official statement;
authorizing the execution and delivery of a continuing disclosure certificate relating to such
bonds; authorizing the execution and delivery of an escrow deposit agreement relating to
the refunded bonds; authorizing the City Manager and the Director of Finance to designate
the refunded bonds for redemption; and otherwise providing with respect to issuance sale
and delivery of such bonds and the refunding of the refunded bonds. The abovereferenced
measure was adopted by the Council of the City of Roanoke at a regular meeting held on
Monday, May 5, 1997.
The Honorable Arthur B. Crush, Ill
Clerk ofthe Circuit Court
May 7,1997
Page 2
Pursuant to provisions of Section 11 of Resolution No. 33373-050597, I am required to file
a certified copy with the Circuit Court of the City of Roanoke, Virginia, in accordance with
Section 15.1-227.9 of the Code of Virginia, 1950.
Sincerely,
~~r kerr, C M~C/~A~E~'q"~'~''''
City Clerk
MFP:sm
Enc,
pc:
George B. Pugh, Jr., Bond Counsel, Craigie, Inc., 823 E. Main Street, P. O. Box
1854, Richmond, Virginia 23219
W. Robert Herbert, City Manager
Wilburn C. Dibling, Jr., City Attorney
James D. Grisso, Director of Finance
Louella C. Thaxton, General Registrar
IN ~ COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 5th day of May, 1997
RESOLUTION NO. 33373-050597.
A RESOLUTION AUTHOI~7~]ffqG THE ISSUANCE AND SALE OF
NOT TO EXCEED FIFTY M~.LION DOLLARS ($$0,000,000)
PRINCIPAL AMOUNT OF CITY OF ROANOKE, VIRGINIA,
G~ OBLIGATION PUBLIC IMPROVEMENT REFUNDING
BONDS; FIXING ~ FORM, DENOMINATION AND CERTAIN
OTI~.R DETAnS OF SUCtl BONDS AND DELEGATING TO TIIE
CITY MANAGER AND ~ DIRECTOR OF FINANCE
AUTIIORITY, AMONG OTI~.R TmNGS, TO SELL SUCtl BONDS,
TO DETER1V[INE ~ AGGREGATE PRINCIPAL AMOUNT OF
SUCI~ BONDS, ~ MATURITY DATES OF SUC]ff BONDS AND
~ PRINCIPAL AMOUNTS OF SUCti BONDS MATURING IN
EACI{ YEAR, TFrR INTEREST PAYM~.NT DATES FOR SUCI{
BONDS AND ~ RATES OF INTEREST TO BE BORNE BY
SUCI~ BONDS, ~ RF. DEMPTION PROVISIONS AND
~I~ENIFrION PREMIUMS, IF ANY, APPLICABLE TO SUCH
BONDS AND TO APPOINT AN ESCROW AGENT FOR ~
BONDS TO BE REFUNDED FROM ~ PROCEEDS OF SUCI{
BONDS; AUTIIORIZING THE PREPARATION OF A
PR~J.IM]NAR¥ OFFICIAL STATEMENT AND AN OFFICIAL
STATEMENT AND ~ DISTRIBUTION TI~.REOF AND ~
EXECUTION OF A CERTIFICATE B~.L&TING TO SUCI~
OFFICIAL STATI~.NT; AUTfIORIZING TITE. EXECUTION AND
DELIVERY OF A CONTINUING DISCLOSURE CERTIFICATE
B~.~.~TI!WG TO SUC]~ BONDS; AUTIIORIZING ~ EXECUTION
AND D~.LWERY OF AN ESCROW DEPOSIT AG~
RELATING TO ~ REFUNDED BONDS; AUTIIO~I~G ~
CITY MANAGER AND ~ DIRECTOR OF FINANCE TO
DESIGNATE ~ REFUNDED BONDS FOR B~.~E1VIFrION; AND
OTi~RWISE PROVIDING ~ RESPECT TO ~ ISSUANCE,
SAL~. AND DELIVI~Y OF SUCIt BONDS AND ~ REFUNDING
O!~ ~ RglR/NDED BONDS
BE IT RF.$OLV]~ BY TIlE COUNCIL OF TI-IE CITY OF ROANOK~
VIRGINIA:
SECTION 1. (a)(i) Pursuant to Section 47 of thc Charter of the City of
Roanoke, V'uginia (the "City"), an election duly called and held in the City on November 3.
1987, and Ordinances Nos. 28760 and 28761 adopted by this Council on August 10, 1987, there
were authorized to be issued, sold and delivered general obligation bonds of the City in the
principal amount of $10,000,000, for the purposes specified in such ordinances.
(ii) Pursuant to Resolution No. 29187 adopted by this Council on June 27,
1988 and Resolution No. 29219 adopted by this Council on July 12, 1988, the City authorized
and approved the issuance and sale of the general obligation bonds referred to in Section l(a)(i)
hereof, such bonds having been issued in the principal amount of $10,000,000, designated as
the "City of Roanoke, Virginia, Public Improvement Bonds, Series 1988" (the "Series 1988
Bonds"), dated August 1, 1988 and maturing on August 1 in each of the years 1991 through
1999, both inclusive.
(b)(i) Pursuant to Section 47 of the Charter of the City, an election duly called
and held in the City on May 1, 1990, and Ordinances Nos. 29918-020590 and 29919-020590
adopted by this Council on February 5, 1990, there were authorized to be issued, sold and
delivered general obligation bonds of the City in the principal amount of $15,250,000, for the
purposes specified in such ordinances.
(ii) Pursuant to Ordinance No. 30821-121091 adopted by this Council on
December 10, 1991, as amended by Ordinance No. 30828-010692 adopted by this Council on
January 6, 1992, the City authorized and approved the issuance and sale of the general obligation
bonds referred to in Section 1Co)(i) hereof, such bonds having been issued in the principal
amount of $15,250,000, designated as the "City of Roanoke, Virginia, General Obligation Public
Improvement Bonds, Series 1992A" (the "Series 1992A Bonds"), dated January I, 1992 and
maturing on August 1 in each of the years 1993 through 2012, both inclusive.
(c)(i) Pursuant to Chapter 5 of Title 15.1 of the Code of Virginia, 1950, being
the Public Finance Act as then in effect, and Ordinance No 29878-121889 adopted by this
Council on December 18, 1989, there were authorized to be issued, sold and delivered general
obligation bonds of the City in the principal mount of $6,800,000, for the purposes specified
in such resolution.
(ii) Pursuant to Chapter 5.1 of Title 15.1 of the Code of Virginia, 1950, being
the Public Finance Act of 1991, and Ordinance No. 30793-112591 adopted by this Council on
November 25, 1991, there were authorized to be issued sold and delivered general obligation
bonds of the City in the principal amount of $29,505,000, for the purposes specified in such
resolution.
(iii) Pursuant to Chapter 5.1 of Title 15.1 of the Code of Virginia, 1950, being
the Public Finance Act of 1991, and Ordinance No. 30821-121091 adopted by this Council on
December I0, 1991, as amended by Ordinance No. 30828-010692 adopted by this Council on
January 6, 1992, there were authorized to issued, sold and delivered general obligation public
improvement refunding bonds of the City in the principal amount of $17,165,000, for the
purpose of refunding in advance of their stated maturities $15,800,000 principal amount of the
City's General Obligation Public Improvement Bonds, Series 1985, dated August 1, 1985,
maturing on August 1 in each of the years 1992 to 2000, both inclusive.
(iv) Pursuant to Ordinance No. 30821-121091 adopted by this Council on
December 10, 1991, as amended by Ordinance No. 30828-010692 adopted by this Council on
166399.1 018370 RE~
-3-
January 6, 1992, the City authorized and approved the issuance and sale of the general obligation
bonds referred to in Section l(c)(i), (ii) and (iii) hereof, such bonds having been issued in the
principal amount of $53,470,000, designated as the "City of Roanoke, Virginia, General
Obligation Public Improvement and Refunding Bonds, Series 1992B (the "Series 1992B Bonds"),
dated January 1, 1992 and maturing on August 1 in each of the years 1992 through 2013, both
inclusive.
(d) This Council deems it advisable and in the best interest of the City to
authorize and provide for the issuance, sale and deliverS of an issue of general obligation public
improvement refunding bonds for the purpose of providing for the refunding of all or a portion
of $4,800,000 principal amount of the Series 1988 Bonds maturing on and after August 1, 1998
(the "Refunded 1988 Bonds"), all or a portion of $8,365,000 principal amount of the Series
1992A Bonds maturing on and after August 1, 2002 (the "Refunded 1992A Bonds") and all or
a portion of $29,335,000 principal amount of the Series 1992B Bonds maturing on and after
August 1, 2002 (the "Refunded 1992B Bonds"). The Refunded 1988 Bonds, the Refunded
1992A Bonds and the Refunded 1992B Bonds are hereinafter referred to collectively as the
"Refunded Bonds".
SECTION 2. (a) Pursuant to Chapter 5.1 of Title 15.1 of the Code of Virginia,
1950, including in particular ACdcle 5, Section 15.1-227.44 et seq. thereof, for the purpose of
providing funds to refund the Refunded Bonds in advance of their stated maturities and to pay
the costs of issuance of the Bonds, there are hereby authorized to be issued, sold and delivered
not to exceed Fifty Million Dollars ($50,000,000) principal amount of general obligation
refunding bonds of the City which shall be designated and known as "City of Roanoke, Virgima,
General Obligation Public Improvement Refunding Bonds" (referred to herein as the "Bonds").
(b) The Bonds shall be issued and sold in their entirety at one time, or from
time to time in part in series, as shall be determined by the Director of Finance. There shall
be added to the designation of the Bonds a series designation determined by the Director of
Finance. The Bonds shall be issued in fully registered form in the denomination of $5,000 each
or any integral multiple thereof. The Bonds of a given series shall be numbered from No. R-1
upwards in order of issuance. The Bonds shall bear interest from their date payable on such
date and semiannually thereafter as shall be determined by the City Manager and the Director
of Finance in accordance with the provisions of Section 8 hereof. The Bonds of each series shall
be issued in such aggregate principal amounts (not exceeding in the aggregate the principal
amount specified in Section 2(a) hereof); and shall mature on such dates and in such years (but
in no event exceeding forty (40) years from their date or dates), and in the principal amount in
each such year, determined by the City Manager and the Director of Finance in accordance with
the provisions of Section 8 hereof. Interest on the Bonds shall be calculated on the basis of a
three hundred and sixty (360) day year comprised of twelve (12) thirty (30) day months.
(c) The Bonds (or portions thereof in installments of $5,000) shall be subject
to redemption at the option of the City prior to their stated maturities, in whole or in part from
time to time on any date, in such order as may be determined by the City (except that if at any
time less than all of the Bonds of a given maturity are called for redemption, the particular
166399.1 018370 RES
Bonds or portions thereof in installments of $5,000 of such maturity to be redeemed shall be
selected by lot), upon payment of such redemption prices (expressed as a percentage of the
principal amount of the Bonds to be redeemed), together with the interest accrued thereon to the
date fixed for the redemption thereof, as shall be determined by the City Manager and the
Director of Finance in accordance with the provisions of Section 8 hereof.
(d) If any Bond (or any portion of the principal amount thereof in installments
of $5,000) shall be called for redemption, notice of the redemption thereof, specifying the date,
number and maturity of such Bond, the date and place or places fixed for its redemption, the
premium, ff any, payable upon such redemption, and ff less than the entire principal amount of
such Bond is to be redeemed, that such Bond must be surrendered in exchange for the principal
amount thereof to be redeemed and a new Bond or Bonds issued equalling in principal amount
that portion of the principal amount thereof not to be redeemed, shall be mailed not less than
thirty (30) days prior to the date fixed for redemption, by first class mail, postage prepaid, to
the registered owner thereof at his address as it appears on the books of registry kept by the
Registrar as of the close of business on the forty-fifth (45th) day next preceding the date fixed
for redemption. If notice of the redemption of any Bond shall have been given as aforesaid, and
payment of the principal amount of such Bond (or the portion of the principal amount thereof
to be redeemed) and of the accrued interest and premium, if any, payable upon such redemption
shall have been duly made or provided for, interest thereon shall cease to accrue from and after
the date so specified for the redemption thereof. So long as the Bonds are in book-entry only
form, any notice of redemption shall be given only to The Depository Trust Company, New
York, New York CDTC"), or to its nominee. The City shall not be responsible for providing
any beneficial owner of the Bonds any notice of redemption.
SECTION 3. The full faith and credit of the City shall be and is irrevocably
pledged to the punctual payment of the principal of and premium, if any, and interest on the
Bonds as the same become due. In each year while the Bonds, or any of them, axe outstanding
and unpaid, there shall be assessed, levied and collected, at the same time and in the same
manner as other taxes of the City are assessed, levied and collected, a tax upon all taxable
property within the City, over and above all other taxes, authorized or limited by law and
without limitation as to rate or amount, sufficient to pay when due the principal of and premium,
if any, and interest on the Bonds to the extent other funds of the City are not lawfully available
and appropriated for such puxpose.
SECTION 4. (a) The Bonds shall be executed, for and on behalf of the City,
by the manual or facsimile signatures of the Mayor and City Treasurer of the City and shall have
a facsimile of the corporate seal of the City imprinted thereon, attested by the manual or
facsimile signature of the City Clerk of the City.
Co) The D'trector of Finance is hereby authorized to appoint a Registrar and
Paying Agent for the Bonds.
(c) The Director of Finance shall direct the Registrar to authenticate the Bonds
and no Bond shall be valid or obligatory for any purpose unless and until the certificate of
166399.1 018370 RES
-5-
authentication endorsed on each Bond shall have been manually executed by an authorized
signator of the Registrar. Upon the authentication of any Bonds the Registrar shall insert in the
certificate of authentication the date as of which such Bonds are authenticated as follows: (i)
if a Bond is authenticated prior to the first interest payment date, the certificate shall be dated
as of the date of the initial issuance and delivery of the Bonds of the series of Bonds of which
such Bond is one; (ii) if a Bond is authenticated upon an interest payment date, the certificate
shall be dated as of such interest payment date; (iii) ff a Bond is authenticated after the fifteenth
(15th) day of the calendar month next preceding an interest payment date and prior to such
interest payment date, the certificate shall be dated as of such interest payment date; and (iv) in
all other instances the ce~ificate shall be dated as of the interest payment date next preceding
the date upon which the Bond is authenticated.
(d) The execution and authentication of the Bonds in the manner above set
forth is adopted as a due and sufficient authentication of the Bonds.
SECTION 5. (a) The principal of and premium, if any, on the Bonds shall be
payable in such coin or currency of the United States of America as at the respective dates of
payment thereof is legal tender for public and private debts at the office of the Registrar.
Interest on the Bonds shall be payable by check or draft mailed by the Registrar to the registered
owners of such Bonds at their respective addresses as such addresses appear on the books of
registry kept pursuant to this Section 5.
(b) At all times during which any Bond of any series remains outstanding and
unpaid, the Registrar for such series shall keep or cause to be kept at its office books of registry
for the registration, exchange and transfer of Bonds of such series. Upon presentation at its
office for such purpose the Registrar, under such reasonable regulations as it may prescribe,
shall register, exchange, transfer, or cause to be registered, exchanged or transferred, on the
books of registry the Bonds as hereinbefore set forth.
(c) The books of registry shall at all times be open for inspection by the City
or any duly authorized officer thereof.
(d) Any Bond may be exchanged at the office of the Registrar for such series
of Bonds for a like aggregate principal amount of such Bonds in other authorized principal sums
of the same series, interest rote and maturity.
(e) Any Bond of any series may, in accordance with its terms, be transferred
upon the books of registry by the person in whose name it is registered, in person or by his duly
authorized agent, upon surrender of such Bond to the Registrar for cancellation, accompanied
by a written instrument of transfer duly executed by the registered owner in person or by his
duly authorized attorney, in form satisfactory to the Registrar.
(f) All transfers or exchanges pursuant to this Section 5 shall be made without
expense to the registered owners of such Bonds, except as otherwise herein provided, and except
that the Registrar for such series of Bonds shall require the payment by the registered owner of
I66399.1 018370
-6-
the Bond requesting such transfer or exchange of any tax or other governmental charges required
to be paid with respect to such transfer or exchange. All Bonds surrendered pursuant to this
Section 5 shall be cancelled.
(g) (i) The Bonds shall be issued in full book-entry form. One Bond
representing each maturity of the Bonds will be issued to and registered in the name of Cede &
Co., as nominee of DTC, as registered owner of the Bonds, and each such Bond will be
immobilized in the custody of DTC. DTC will act as securities depository for the Bonds.
Individual purchases will be made in book-entry form only, in the principal amount of $5,000
or any integral multiple thereof. Purchasers will not receive physical delivery of certificates
representing their interest in the Bonds purchased.
(ii) Principal, premium, if any, and interest payments on the Bonds will be
made by Registrar to DTC or its nominee, Cede & Co., as registered owner of the Bonds, which
will in turn remit such payments to the DTC participants for subsequent disbursal to the
beneficial owners of the Bonds. Transfers of principal, premium, if any, and interest payments
to DTC participants will be the responsibility of DTC. Transfers of such payments to beneficial
owners of the Bonds by DTC participants will be the responsibility of such participants and other
nominees of such beneficial owners. Transfers of ownership interests in the Bonds will be
accomplished by book entries made by DTC and, in turn, by the DTC participants who act on
behalf of the indirect participants of DTC and the beneficial owners of the Bonds.
Cfii) The City will not be responsible or liable for sending transaction statements
or for maintaining, supervising or reviewing records maintained by DTC, its participants or
persons acting through such participants or for transmitting payments to, communicating with,
notify'rog, or otherwise dealing with any beneficiai owner of the Bonds.
SECTION 6. (a) CUSIP identification numbers may be printed on the Bonds,
but no such number shall constitute a part of the contract evidenced by the particular Bond upon
which it is printed; no liability shall attach to the City or any officer or agent thereof (including
any paying agent for the Bonds) by reason of such numbers or any use made thereof (including
any use thereof made by the City, any such officer or any such agent) or by reason of any
inaccuracy, error or omission with respect thereto or in such use; and any inaccuracy, error or
omission with respect to such numbers shall not constitute cause for failure or refusal by the
successful bidder to accept delivery of and pay for the Bonds in accordance with the terms of
its bid. All expenses in connection with the assignment and printing of CUSIP numbers on the
Bonds shall be paid by the City; provided, however, that the CUSIP Service Bureau charge for
the assignment of such numbers shall be the responsibility of the successful bidder for the
Bonds.
(b) A copy of the fmal legal opinion with respect to the Bonds, with the name
of the attorney or attorneys rendering the same, together with a certification of the City Clerk,
executed by a facsimile signature of that officer, to the effect that such copy is a true and
complete copy (except for letterhead and date) of the legal op'mion which was dated as of the
date of delivery of and payment for the Bonds, may be printed on the Bonds.
166~99.1 018370
-7-
SECTION 7. The City covenants and agrees to comply with the provisions of
Sections 103 and 141-150 of the Internal Revenue Code of 1986 and the applicable Treasury
Regulations promulgated thereunder throughout the term of the Bonds.
SECTION 8. (a) The Bonds shall be sold at competitive sale on such date or
dates and at such price or prices as shall be determined by the City Manager and the Director
of Finance. The Director of Finance is hereby authorized to prepare or cause to be prepared
a Summary Notice of Sale of the Bonds and to cause such Summary Notice of Sale to be
published in The Bond Buyer, a f'mancial journal published in the City of New York, New York,
and to prepare or cause to be prepared and distributed a Preliminary Official Statement, a
Detailed Notice of Sale and an Official Proposal Form relating to the Bonds. The City Manager
and the Director of Finance are hereby authorized to receive proposals for the purchase of the
Bonds and, without further action of this Council, to accept the proposal offering to purchase
the Bonds at the lowest true interest cost to the City; provided, however, in no event shall the
true interest cost with respect to the Bonds exceed eight percent (8.00%). The City Manager
and the Director of Finance are further authorized to f'LX the rates of interest to be borne by the
Bonds of each maturity as specified in the proposal accepted by them in accordance with the
immediately preceding sentence. The City Manager and the Director of Finance are hereby
further authorized to determine the provisions relating to the redemption of the Bonds set forth
in Section 2 hereof upon the advice of the City's f'mancial advisor; provided, however, in no
event shall any redemption premium payable by the City exceed three percent (3.00%).
Co) The Mayor is hereby authorized and directed to execute and deliver to the
purchasers of thc Bonds an Official Statement of the City relating to the Bonds, in substantially
the form of the Preliminary Official Statement relating to the Bonds, after the same has been
completed by the insertion of the maturities, interest rates and other details of the Bonds and by
making such other insertions, changes or corrections as the Mayor, based on the advice of the
City's financial advisors and legal counsel (including the City Attorney and Bond Counsel),
deems necessary or appropriate; and this Council hereby authorizes the Official Statement and
the information contained therein to be used by the purchasers in connection with the sale of the
Bonds. The Preliminary Official Statement is "deemed final" for puq~oses of Rule 15c2-12
promulgated by the Securities and Exchange Commission pursuant to the Securities Exchange
Act of 1934 ("Rule 15c2-12"). The City Manager and the Director of Finance are hereby
authorized and directed to execute on behalf of the City and deliver to the purchasers a
certificate in substaotiully the form to be included in the Official Statement under the caption
"Certificate Concerning Official Statement".
(c) The City Manager and the Director of Finance are hereby authorized to
execute and deliver to the purchasers of the Bonds a Continuing Disclosure Certificate relating
to the Bonds evidencing the City's undertaking to comply with the continuing disclosure
requirements of Paragraph Co)(5) of Rule 15c2-12 in such form as shall be approved by the City
Manager and the Director of Finance upon advice of counsel (including the City Attorney or
Bond Counsel), such approval to be conclusively evidenced by their execution thereof.
166399,1 018370 RE~
(d) All actions and proceedings heretofore taken by this Council, the City
Manager, the Director of Finance and the other officers, employees, agents and attorneys of and
for the City in connection with the issuance and sale of the Bonds are hereby ratified and
conf'mned.
SECTION 9. (a) The City Manager and the Director of Finance are hereby
authorized to enter into an Escrow Deposit Agreement in the form customarily entered into by
the City in connection with advance refunding transactions providing for the redemption of the
Refunded Bonds (the "Escrow Deposit Agreement") and to appoint an Escrow Agent to serve
under the Escrow Deposit Agreement.
Co) The City Manager and the Director of Finance of the City, or either of
them, are hereby authorized to execute, on behalf of the City, subscriptions or purchase
agreements for the securities to be purchased by the Escrow Agent from moneys deposited in
the Escrow Deposit Fund created and established under the Escrow Deposit Agreement. Such
securities so purchased shall be held by the Escrow Agent under and in accordance with the
provisions of the Escrow Deposit Agreement.
(c) Subject to the sale and receipt of the proceeds of the Bonds, the City
Manager and the Director of Finance are hereby authorized to designate the Refunded Bonds for
redemption on such date or dates as they shall determine and are hereby further authorized to
direct the Escrow Agent to cause notices of the redemption of the Refunded Bonds on such date
or dates to be given in accordance with the provisions of the proceedings authorizing the
issuance of the Refunded Bonds.
SECTION 10. The Bonds, the certificate of authentication of the Registrar, and
the assignment endorsed on the Bonds, shall be substantially the following forms, respectively,
to-wit:
166399.1 018370 RE~
UNITED STATES OF AM~,RICA
COMMONWEALTH OF VIRGINIA
CITY OF ROANOKE
GENERAL OBLIGATION PUBLIC
IMPROVEMENT REFUNDING BOND
No. R-__ $
MATURITY DATE:
REGISTERg]) OWNER:
PRINC~S~:
DATE OF BOND:
CUSIP NO.:
770077
DOLLARS
KNOW ALL MEN BY THeE PKESENTS, that the City of Roanoke, in the
Commonwealth of Virginia (the "City"), for value received, acknowledges itself indebted and
hereby promises to pay to the Registered Owner (named above), or registered assigns, on the
Maturity Date (specified above) (unless this Bond shall be subject to prior redemption and shall
have been duly called for previous redemption and payment of the redemption price duly made
or provided for), the Principal Sum (specified above), and to pay interest on such Principal Sum
on and semiannually on each and thereafter
(each such date is hereinafter referred to as an "interest payment date"), from the date hereof
or from the interest payment date next preceding the date of authentication hereof to which
interest shall have been paid, unless such date of authentication is an interest payment date, in
which case from such interest payment date, or unless such date of authentication is within the
period from the sixteenth (16th) day to the last day of the calendar month next preceding the
following interest payment date, in which case from such following interest payment date, such
interest to be paid until the maturity or redemption hereof at the Interest Rate (specified above)
per annum, by check or draft mailed by the Paying Agent hereinafter mentioned to the
Registered Owner in whose name this Bond is registered upon the books of registry, as of the
close of business on the fifteenth (15th) day (whether or not a business day) of [he calendar
month next preceding each interest payment date. Interest on this Bond shall be calculated on
the basis of a three hundred and sixty (360) day year comprised of twelve (12) thirty (30) day
months. The principal of and premium, if any, on this Bond are payable on presentation and
surrender hereof, at the office of , as the Registrar and
Paying Agent, in the City of , . Principal of and premium, if any,
and interest on this Bond are payable in any coin or currency of the United States of America
which, on the respective dates of payment thereof, shall be legal tender for public and private
debts.
This Bond is one of an issue of Bonds of like date, denomination and tenor except
as to number, interest rate and maturity, and is issued for the purpose of providing funds to
166399.1 018370
refund in advance of their stated maturities certain general obligation public improvement bonds
heretofore issued by the City to pay the costs of public improvement projects of and for the
City. This Bond is issued under and pursuant to and in full compliance with the Constitution
and statutes of the Commonwealth of Virginia, including Chapter 5.1 of Title 15.1 of the Code
of Virginia, 1950 (the same being the Public Finance Act of 1991), and a resolution and other
proceedings of the Council of the City duly adopted and taken under such Chapter 5.1.
The Bonds of the issue of which this Bond is one (or portions thereof in
installments of $5,000) maturing on and after are subject to redemption
at the option of the City prior to their stated maturities, on or after in
whole or in part from time to time on any date, in such order as may be determined by the City
(except that if at any time less than all of the Bonds of a given maturity are called for
redemption, the particular Bonds or portions thereof in installments of $5,000 of such maturity
to be redeemed shall be selected by lot), upon payment of the following redemption prices
(expressed as a percentage of the principal amount of the Bonds to be redeemed), together with
the interest accrued thereon to the date fixed for the redemption thereof:
Redemption Dates
(Both Dates Inclusive~
Redemption Prices
CPercenta~es of Princinal Amountl
__, __ and thereafter
If this Bond is redeemable and this Bond (or any portion of the principal amount
hereof in installments of $5,000) shall be called for redemption, notice of the redemption hereof,
specifying the date, number and maturity of this Bond, the date and place or places fixed for its
redemption, the premium, ff any, payable upon such redemption, and if less than the entire
principal amount of this Bond is to be redeemed, that this Bond must be surrendered in exchange
for the principal amount hereof to be redeemed and a new Bond or Bonds issued equalling in
principal amount that portion of the principal amount hereof not to be redeemed, shall be mailed
not less than thirty (30) days prior to the date f'Lxed for redemption, by f'LrSt class mail, postage
prepaid, to the Registered Owner hereof at his address as it appears on the books of registry kept
by the Registrar as of the close of business on the forty-fifth (45th) day next preceding the date
f'med for redemption. If notice of the redemption of this Bond (or the portion of the principal
amount hereof to be redeemed) shall have been given as aforesaid, and payment of the principal
amount of this Bond (or the portion of the principal amount hereof to be redeemed) and of the
accrued interest and premium, if any, payable upon such redemption shall have been duly made
or provided for, interest hereon shall cease to accrue from and after the date so specified for the
redemption hereof.
Subject to the limitations and upon payment of the charges, if any, provided in
the proceedings authorizing the Bonds of the issue of which this Bond is one, this Bond may be
exchanged at the office of the Registrar for a like aggregate principal amount of Bonds of other
authorized principal amounts and of the same issue, interest rate and maturity. This Bond is
166399,1 018370
transferable by the Registered Owner hereof, in person or by his attorney duly authorized in
writing, on the books of regist~ kept by the Registrar for such purpose at the office of the
Registrar but only in the manner, subject to the limitations and upon payment of the charges,
if any, provided in the proceedings authorizing the Bonds of the series of which this Bond is
one, and upon the surrender hereof for cancellation. Upon such transfer a new Bond or Bonds
of authorized denominations and of the same aggregate principal amount, issue, interest rate and
maturity as the Bond surrendered, will be issued to the transferee in exchange herefor.
This Bond shall not be valid or obligatory unless the certificate of authentication
hereon shall have been manually signed by the Registrar.
The full faith and credit of the City are irrevocably pledged to the punctual
payment of the principal of and premium, ff any, and interest on this Bond as the same become
due. In each year while this Bond is outstanding and unpaid, there shall be assessed, levied and
collected, at the same time and in the same manner as other taxes of the City are assessed,
levied and collected, a tax upon all property within the City, over and above all other taxes,
authorized or limited by law and without limitation as to rate or amount, sufficient to pay the
principal of and premium, if any, and interest on this Bond to the extent other funds of the City
are not lawfully available and appropriated for such purpose.
It is certified, recited and declared that all acts, conditions and things required to
exist, happen or be performed precedent to and in the issuance of this Bond do exist, have
happened and have been performed in due time, form and manner as required by law, and that
the amount of this Bond, together with all other indebtedness of the City does not exceed any
limitation of indebtedness prescribexi by the Constitution or statutes of the Commonwealth of
Virginia or the Charter of the City.
IN WITNESS WI-I~REOF, the City has caused this Bond to be executed by the
manual or facsimile signatures of its Mayor and its City Treasurer; a facsimile of the corporate
seal of the City to be imprinted hereon attested by the manual or facsimile signature of the City
Clerk of the City; and this Bond to be dated as of the day of , 199_.
CITY OF ROANOKE, VIRGINIA
[SEAL]
Mayor
City Treasurer
Attest:
City Clerk
- 12 -
proceedings.
CERTIFICATE OF AUTHENTICATION
'rids Bond is one of the Bonds delivered pursuant to the within-mentioned
f 1, Registrar
By:
Authorized Signator
Date of Authentication:
ASSIGNMI~.NT
FOR VALUED RECEIVED the undersigned hereby sell(s), assign(s) and
transfer(s) unto
(Please print or type name and address, including postal zip code of Transferee)
PI.g.&SE INSERT SOCIAL SECURITY OR
OTI-mR IDEN'ri~YING NUMBER OF TRANSFERg.~-
the within Bond and all rights thereunder, hereby irrevocably constituting and appointing
, Attorney, to transfer such Bond
on the books kept for the registration thereof, with full power of substitution in the premises.
Dated:
Signature Guaranteed
NOTICE: Signature(s) must be guaranteed
by a member finn of The New York Stock
Exchange, Inc. or a commercial bank or
trust company.
(Signature of Registered Owner)
NOTICE: The signature above must
correspond with the name of the Registered
Owner as it appears on the front of this
Bond in every particular, without alteration
or enlargement or any change whatsoever.
-13-
SECTION 11. The City Clerk is hereby directed to file a copy of this Resolution,
certified by such City Clerk to be a true copy hereof, with the Circuit Court of the City of
Roanoke, Virginia, all in accordance with Section 15.1-227.9 of the Code of Virginia, 1950.
SECTION 12. All ordinances, resolutions and proceedings in conflict herewith
are, to the extent of such conflict, repealed.
ATI'V_3T:
Date of Filing with the Circuit Court
of the City of Roanoke, Virginia:
May .~_., 1997.
City Clerk
166399.1 018~70 RFaS
JAMES D. GRISSO
Director of Finance
CITY OF ROANOKE
DEPARTMENT OF FINANCE
215 Church Avenue, S.W., Room 461
R O. Box 1220
Roanoke, Virginia 24006-1220
Telephone: (540) 853-2821
Fax: (540) 853-2940
JESSE A. HALL
Deputy Director
May 5, 1997
Honorable Mayor and Members
of City Council
Roanoke, Virginia
Re: 1997 Bond Refunding
Dear Mayor Bowers and Members of City Council:
The City has two outstanding bond issues which our financial advisor, Craigie, Inc.,
has Informed us could be refunded, at a savings to the City, through the issuance
of a 1997 refunding issue.
The two issues are as follows:
1988 Public Improvement Bonds
1992A & 1992B Public Improvement Bonds
Amount Outstanding
$ 6,300,000
57,065,000
$63.365.000
Refunding Amount
$ 4,800,000
37,700,000
$42.500.000
The proposed refunding issue entails the issuance of approximately $45,245,000
in principal for the defeasance of both issues. The 1992 issue is callable In August
2001, therefore it would continue to be paid under the existing amortization
schedule until that point. The 1988 issue would be paid under the existing
amortization through August 1, 1997.
Under recent market conditions, Craigie has projected the City's present value
savings to be approximately $1,400,000 or 3.2% of the principal being refunded.
Attached is a chart showing the estimated cash savings, undiscounted, for each
year affected by the refunding, for both the Public Improvement bonds and the
Honorable Mayor and Members
of City Council
May 5, 1997
Page 2
Water Fund bonds. These savings are based on market conditions in effect prior
to the recent announcement by the Federal Reserve Board of an increase in the
Treasury rate. Therefore, attaining such savings will be dependent upon a
reduction in the current market bond interest rates. The minimum present value
savings that generally is agreed to make a refunding issue beneficial is greater than
3.0% of the principal being refunded. Based on present information, I believe it is
advisable for us to pursue the issuance of the 1997 refunding bonds, with the
intent that we do so at a time when market conditions are such that the savings
achieved would justify the issuance of the refunding bonds.
The attached resolution grants approval for the City Manager and the Director of
Finance to execute the issuance of this bond refunding on the behalf of the City of
Roanoke, providing it is in the financial best interest of the City. This issuance will
not be considered unless the City can realize present value savings of more than
3% of the principal being refunded. I recommend this resolution for your approval.
Sincerely,
8'ames D. Grisso
Director of Finance
JDG/AHA:s
Attachment
C:
W. Robert Herbert, City Manager
Wilbum C. Dibling, Jr., City Attorney
Mary F. Parker, City Clerk
Jesse A. Hall, Deputy Director of Finance
Ann H. Allen, Financial Systems Accountant
City of Roanoke, Virginia
Estimated Fiscal Year Savings
Resulting From 1997 Refunding Issue
/- Fiscal Year Savings- -/
Fiscal
Year Public Improvement Water Fund Total
1997-98 $6,550 $56,155 $62,705
1998-99 2,468 (24,065) (21,597)
1999-00 1,194,942 136,247 1,331,189
2000-01 (1,158,595) 57,150 (1,101,445)
2001-02 270,105 58,519 328,624
2002-03 63,351 58,605 121,956
2003-04 63,230 56,931 120,161
2004-05 64,694 59,611 124,305
2005-06 62,437 56,613 119,050
2006-07 67,375 58,267 125,642
2007-08 66,161 59,793 125,954
2008-09 64,385 56,271 120,656
2009-10 67,049 57,851 124,900
2010-11 64,460 59,741 124,201
2011-12 66,280 56,665 122,945
2012-13 65,945 58,228 124,173
2013-14 59,465 59,465
Total $1,030,837 $982,047 $2,012,884
Note: The above amounts reflect undiscounted cash savings in each fiscal year. The present
value of the total savings is $719,844 for the Public Improvement bonds and $640,727 for the
Water bonds.
JAMES D. GRISSO
Director of Finance
CITY OF ROANOKE
DEPARTMENT OF FINANCE
215 Church Avenue, S.W., Room 461
R O. Box 1220
Roanoke, Virginia 24006-1220
Telephone: (540) 853-2821
Fax; (540) 853-2940
JESSE A. HALL
Deputy Director
April 29, 1997
Mary F. Parker, City Clerk
FROM:
James D. Grisso, Director of Finance
SUBJECT: Report to Council
Please reserve space on the May 5, 1997 agenda of City Council for a report
regarding proposed 1997 bond refunding.
JDG:s
Department of Finance
City of Roanoke, Virginia
May 5, 1997
TO:
FROM:
SUBJECT:
Honorable Mayor and Members of City Council
James D. Grisso, Director of Finance
March Financial Report
This financial report covers the first nine months of the 1996-97 fiscal year. The following narrative
discusses revenue and expenditure trends to date.
REVENUE
Total General Fund revenues reflect an increase of 4.47% or $4,070,000, on a year-to-date basis, compared
to FY96. Variances in specific categories of revenue are as follows:
General Property Taxes have increased 2.40%, or $777,000, due to an increase of 5.8% or $1,773,000
in real estate taxes, offset by decreases in personal property and public service tax revenues. The second
half of real estate taxes is due April 5, and personal property taxes are due May 31 (June 2). These
revenues are anticipated to increase general property tax revenues to the adopted estimate increase of
3.78%.
Other Local Taxes have increased $1,013,000 or 2.99%. Leading this growth are increased sales taxes,
up $504,000 or 4.90%. Business, professional and occupational license (BPOL) taxes have increased
$371,000, or 4.20%, as a result of increases in the gross receipts of businesses subject to the tax. E911
telephone surcharge taxes and prepared food and beverage taxes have also increased, while electric service
utility tax and franchise taxes have declined.
Permits, Fees and Licenses are up 9.77%, or $46,000, due to increased revenues from building inspections
and street opening permits. Street opening permits have more than doubled since FY96 due to a more
stringent enforcement of the requirements to obtain such permits.
Fines and Forfeitures increased $93,000 or 18.09°/0 due to growth in all categories of court fines. This
has resulted from increases in several traffic fines and a more aggressive collection approach.
Revenue from the Use of Money and Property decreased $157,000, or 19.76%, due to a decline in
imerest earnings. This decrease has resulted from a reduction in the General Fund's cash balances which
occurred when the new Risk Management Internal Service Fund was established July 1. The Risk
Management function was previously part of the General Fund. Revenue bom property rental has increased
due to higher rental income from the Commonwealth Building.
Honorable Mayor and Members
Roanoke City Council
May S, 1997
Page 2
Grants-in-Aid Commonwealth have increased $1,749,000 or 9.03%. Rental car tax has increased
$193,000, on a year-to-date basis, as a result oftimin8 differences in the receipt of payments fi.om the State.
Revenue fi.om shared expenses has grown by $615,000 due to increased revenue for the Sheriff's
department which has more employees in FY97 as a result of the City Jail expansion. Revenue fi.om the
Jail Block gram has also increased as a result of housing more prisoners, providing $427,000 in additional
revenue. Thc Comprehensive Services Act and Virginia Juvenile Community Crime Control Act revenues
have also risen in FY97.
Grants-in-Aid-Federal Government are up $13,000 or 44.23%. There have been higher FEMA
payments this year, but a $14,000 flood damage reimbursement was received in February of the prior year.
Miscellaneous Revenue has increased $260,000 due to the receipt of nearly $200,000 in connection with
Trigon's settlement regarding discounts not properly deducted from claims costs of its subscribers. There
have also been increases in other miscellaneous revenues and in proceeds fi.om the sale of surplus property.
Internal Service~ revenues have increased 9.70% or $106,000. Airport fire safety billings have increased,
and Buildings Maintenance charges to the Transportation and Nursing Home Funds have risen. Cross
connection inspections are a new source of interfund revenues in FY97, and they have generated $50,000,
as budgeted.
EXPENDITURES AND ENCUMBRANCES
Expenditures and encumbrances in the General Fund have increased 6.42% or $7,222,000 since FY96.
Variances in individual expenditure categories are discussed as follows:
Health and Welfare expenditures have increased $1,759,000 or 13.77%. Cultural and Human Services
contributions have increased by $448,000, mostly because some contributions previously included in the
Parks, Recreation and Cultural category are now in Health and Welfare. As such, the contributions to the
Center in the Square, the Virginia Museum of Transportation, Harrison Cultural Center, and Virginia
Amateur Sports, Inc. are now in this category. Social Services costs have risen due to increased personnel
costs, higher purchased services charges, and increased daycare and foster care expenditures. CSA
expenditures have risen by more than 20%, adding $841,000 in expenditures, due to increased children in
the program and more at very expensive facilities due to the high level of supervised care they require.
Community Development expenditures have increased 9.40% or $80,000. The Department of Planning
and Community Development has incurred higher administrative and training costs, and it has issued more
neighborhood improvement grants. Economic Development/Grants has incurred higher personnel costs
and expenditures for equipment, training, and funding for diversified housing.
Honorable Mayor and Members
Roanoke City Council
May S, 1997
Page 3
The Transfer to Debt Service Fund has increased $1,346,000 or 16.89%. The transfer has increased in
FY97 to fund payments of principal and interest associated with the 1996 public improvement bond issue.
These bonds were issued in February 1996, and payments began in FY97.
Nondepartmental expenditures rose $1,076,000, or 20.78%, due to increased transfers to other funds.
The transfers to the Fleet Management and Capital Projects Funds increased by $800,000 and $512,000,
respectively, due in part to appropriations of the Capital Maintenance and Equipment Replacement
Program. The transfer to the City Information Systems Fund decreased $759,000 from FY96. Transfers
to the Civic Center, Transportation and Grant Funds have also risen.
I would he pleased to answer any questions which City Council may have regarding the monthly financial
statements.
JDG/AHA/pac
Attachments
~Directo} of Finance
CITY OF ROANOKE, VIRGINIA
GENERAL FUND
CONTINGENCY BALANCE
MARCH 31, i997
Balance July 1,1996
Ordinance
Number Department
33067 Director of Utilities and OperatJons
33075 Recreation
33105 Dues, Memberships and Affiliations
CMT045 City Attorney
33175
CMT087
33200
Social Services - Services
Planning & Commune/Development
Commonwealth's Attorney
33213 Juvenile Detention Home
33233 City Council
CMT117 City Attorney
CMT187
Building Inspections
Balance March 31, 1997
Purpose
City's Share of Governmental
Electdc Rate Negotiation Costs
Roanoke City Bo)dng Association
Equipment Purchases
Greenways/Open Space Steedng
Committee
Local Government Attorneys of
Virginia Membership
Family Preservation Program
Ward System Task Force
Additional Funds for Personal
Services
Additional Staffing
Retention of Legislation Liaison
City's Po~on of Franchise Fee
Audit Costs
New Code Books, Training Session
$367,576
(23,086)
(15,000)
(28,800)
(1,8oo)
(7,563)
(3,ooo)
(6,882)
(55,119)
(15,ooo)
(3,666)
(3,062)
$204,598
CITY OF ROANOKE, VIRGINIA
GENERAL FUND
STATEMENT OF REVENUE
Reveflue Source
General Property Taxes
Other Local Taxes
Permits, Fees and Licenses
Fines and ForFeitures
Revenue from Use of Money and Property
Granta-in-Aid Commonweldth
Grants-in-Aid Federal Government
Charges for Services
Miscellaneous Revenue
Internal Services
Total
Year to Date for the Period
July 1- Mar 31 July 1- Mar 31
1996-96 1996-97
Current Fiscal Year
Percent of
Revised Revenue
Percentage Revenue Estimate
of Change Estimates Re~e~ed
$32,397,289 $33,173,619
33,885,698 34,898,571
474,727 521,085
678,501 801,227
794,409 637,399
19,373,580 21,122,882
30,154 43,490
2,226,324 2,366,854
151,960 411,989
1,091,296 1,197,103
2.40 % $62,694,552 52.91%
2.99 % 48,474,356 71.99%
9.77 % 562,200 92.69%
18.09 % 875,500 91.52%
(19.76) % 1,138,326 55.99%
9.03 % 35,706,693 59.16%
44.23 % 25,000 173.96%
6.31% 3,449,148 68.62%
171.12 % 560,451 73.51%
9.70 % 1,824,000 65.63%
$91~103,938 $95,174,219
4.47 % $166,310,226 61.28%
STATEMENT OF EXPENDITURES AND ENCUMBRANCES
Ex~endBure~
Year to Date for the Period
July 1- Mar 31 July 1- Mar 31 Percentage
1996-96 1996-97 of Change
Current Fiscal Year
Percent of
Unencumbered Revised Budget
Balance Appropriations Obligated
General Government $7,412,975 $7,379,335
Judicial Administration 2,879,880 2,887,745
Public Safety 25,654,260 26,556,983
Public Works 17,273,940 18,123,353
Health and Welfare 12,766,284 14,524,608
Parks, Recreation and
Cultural 3,957,846 3,802,303
Community Devalopment 844,174 923,519
Transfer to Debt Service
Fund 7,965,448 9,310,800
Transfer to School Fund 28,612,103 30,004,682
Nondepartmental 5,177,091 6,252,840
Total $112,644,001 $11~9,766,168
(0.45) % $2,815,626 $10,194,961 72.38%
0.27 % 1,243,015 4,130,760 69.91%
3.52 % 10,812,244 37,369,227 71.07%
4.92 % 6,113,786 24,237,139 74.78%
13.77 % 7,589,406 22,114,014 65.68%
(3.93)% 1,208,834 5,011,137 75.88%
9.40 % 451,082 1,374,601 67.18%
16.89 % 9,310,800 100.00%
4.87 % 9,656,851 39,661,533 75.65%
20.78 % 1,043,962 7,296,802 85.69%
642 % $40,934,806 $160,700,974 74.53%
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 Data for the Period
July 1-Mar 31 July 1-Mar 31 Percentage
1995-96 1996-97 of Change
Current Fiscal Year
Percent of
Revised Revenue
Revenue Estimata
Estimatas Received
$5,231,724 $5,344,163
20,872,203 23,070,902
1,400,695 1,345,011
1,802,405 2,209,738
28,612,103 30,004,682
7,421,209 7,270,786
$65,340~339 $69~245,282
2.15 % $8,090,895 66.05%
10.53 % 31,022,380 74.37%
(3.98)% 2,353,996 57.14%
22.60 % 2,732,706 80.86%
4.87 % 39,661,533 75.65%
(2.03) % 7,670,689 N/A
5.98 % $91,532,199 75.65%
STATEMENT OF EXPENDITURES AND ENCUMBRANCES
Expenditures
Instruction
General Support
Transportation
Operation and
Maintenance of Plant
Food Services
Facilities
Other Uses of Funds
Special Purpose Grants
Year to Date for the Period
July 1-Mar 31 July 1-Mar 31 Percentage Unencumbered
1995-96 1996-97 of Change Balance
$41,559,817 $44,370,734 6.76 % $17,305,644
1,953,782 1,962,927 0.47 % 1,213,399
2,030,176 1,960,270 (3.44) % 893,621
6,417,244 6,632,125 3.35 % 2,874,446
2,423,982 2,699,749 11.38 % 865,947
2,831,828 2,393,316 (15.49) % 163,077
2,428,275 3,242,618 33.54 % 82,060
7,444,732 7,670,689 3.04 %
Current Fiscal Year
Percent of
Revised Budget
Appropriations Obligated
$61,676,378 71.94%
3,176,326 61.80%
2,853,891 68.69%
9,506,571 69.76%
3,565,696 75.71%
2,556,393 93.62%
3,324,678 97.53%
7,670,689 N/A
Total
$67,089,836 $70,932,428 5.73 % $23,398,194 $94,330,622 75.20%
3
CiTY OF ROANOKE, VIRGINIA
CAPITAL PROJECTS FUND
STATEMENT OF EXPENDITURES, ENCUMBRANCES, AND
UNENCUMBERED APPROPRIATIONS SUMMARY AS OF MARCH 31, 1997
Expenditures Unexpended Outstanding Unencumbered
Budget To Date Balance Encumbrances Balance
General Government $11,828,394 $5,434,504 $6,393,890 $268,148 $6,125,742
Public Safety 9,694,206 9,421,509 272,697 89,566 183,131
Educa'don 19,890,309 16,537,895 3,352,414 2,749,764 602,650
Community Development 1,041,000 82,269 958,731 958,731
Recreation 769,642 299,984 469,658 159,248 310,410
Streets and Bridges 14,567,255 11,064,365 3,502,890 1,136,358 2,366,532
Sanital~on Projects 348,396 161,492 186,904 84,872 102,032
Traffic Engineering & Communica~ons 1,875,300 1,399,668 475,632 35,180 440,452
Other Infrastructure Projects 7,304,034 3,395,388 3,908,646 158,892 3,749,754
Capital Improvement Reserve 18,893,636 18,893,636 18,893,636
Total $86,212,172 $47,797,074 $38~41E,098 $5,640,759 $32,774,339
4
CITY OF ROANOKE, VIRGINIA
WATER FUND
COMPARATIVE INCOME STATEMENT
FOR THE 9 MONTHS ENDING MARCH 31, 1997
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
Depreciation
Total Operating Expenses
Operating Income
Nonoperating Revenue (Expenses)
Interest on Investments
Rent
Miscellaneous Revenue
Interest Expense
Miscellaneous Expense
Total Nonoperating Revenue (Expenses)
Net Income
1997 1996
$2,377,664 $2,392,579
2,113,106 2,181,019
178,098 190,326
17,557 29,165
1,390,760 1,333,405
4,268 1,606
298,937 260,1 65
6,380,390 6,388,265
1,014,835 1,028,750
2,544,076 2,403,770
705,293 704,077
4,264,204 4,136,597
2,116,186 2,251,658
210,507 100,740
2,186 2,845
57,323 21,724
(1,187,145) (1) (278,117)
(1,194) (1,371)
(918,323) (154,179)
$1,197,863 $2,097,489
Note (1)
This amount represents interest paid on the 1992 Water Bonds. Interest was previously
capitalized as part of the consb'uc'don costs related to the Carvins Cove improvements,
which were substantially complete in February 1996.
5
CITY OF ROANOKE, VIRGINIA
SEWAGE TREATMENT FUND
COMPARATIVE INCOME STATEMENT
FOR THE 9 MONTHS ENDING MARCH 31, 1997
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
Interest Expense
Total Nonoperating Revenue (Expenses)
Net Income
1997
$5,463,309
672,734
196,815
645,990
91,042
111,440
66,192
7,247,522
1,211,950
3,365,202
710,771
5,287,923
1,959,599
316,170
10,253
326,423
$2,286,022
1996
$5,050,594
603,351
144,466
642,665
94,498
87,149
60,527
6,683,250
1,223,785
3,093,743
701,599
5,019,127
1,664,123
180,318
13,423
(198)
193,543
$1,857,666
6
CITY OF ROANOKE, VIRGINIA
CIVIC CENTER FUND
COMPARATIVE INCOME STATEMENT
FOR THE 9 MONTHS ENDING MARCH 31, 1997
Operating Revenue
Rentals
Parking Fee
Event Expenses
Adver~sing
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 Cor~'ol Fund
Interest on Investments
Miscellaneous
Total Nonoperating Revenue
Net Income (Loss)
1997
$421,406
167,611
122,325
1,525
165,887
220,233
40,055
1,139,042
844,059
1,005,653
303,772
2,153,484
(1,014,442)
929,771
26,839
6,641
963,251
($$1,191)
1996
$465,110
116,816
102,685
1,635
178,839
205,381
20,330
1,091,796
803,242
847,547
287,369
1,938,158
(846,362)
779,636
114,896
28,835
7,260
930,627
$84,265
CITY OF ROANOKE, VIRGINIA
TRANSPORTATION FUND
COMPARATIVE INCOME STATEMENT
FOR THE 9 MONTHS ENDING MARCH 31, 1997
Operating Revenue
Century Station Parking Garage
Williamson Road Parking Garage
Market Square Parldng Garage
Church Avenue Parking Garage
Tower Parking Garage
Surface Parking Lots
Total Operating Revenue
Operating Expenses
Operating Expenses
Depreciation
Total Operating Expenses
Operating Income
Nonoperating Revenue (Expenses)
Transfer from General Fund
Transfer from Materials Control Fund
Operating Subsidy for GRTC
interest on Investments
Interest Expense
Miscellaneous
Total Nonoperating Revenue (Expenses)
Net Income
1997
$225,714
323,710
117,952
306,190
166,700
72,474
1,212,740
625,140
392,443
1,017,583
195,157
1,001,133
(400,000)
(822)
(548,313)
6,822
58,820
$253,977
1996
$222,201
239,583
124,268
309,699
154,903
89,473
1,140,127
488,419
390,386
878,805
261,322
872,665
43,165
(400,000)
9,886
(499,056)
3,615
30,275
$291,597
CITY OF ROANOKE, VIRGINIA
NURSING HOME FUND
COMPARATIVE INCOME STATEMENT
FOR THE 9 MONTHS ENDING MARCH 31, 1997
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
Transfer from General Fund
Interest on Investments
Total Nonoperating Revenue
Net Income
1997
$3,296
231,897
702,198
937,391
937,396
383,448
12,748
1,333,592
(396,201)
545,022
29,508
574,530
$178,329
1996
$31,941
220,697
641,425
894,063
953,682
366,550
17,721
1,337,953
(443,590)
504,210
15,784
519,994
$76,104
CITY OF ROANOKE, VIRGINIA
HOTEL ROANOKE CONFERENCE CENTER FUND
COMPARATIVE INCOME STATEMENT
FOR THE 9 MONTHS ENDING MARCH 31, 1997
Operating Revenue
Commission
Conference Center
Total Operating Revenue
Operating Expenses
Commission
Conference Center
Depreciation Expense
Total Operating Expenses
Operating Income (Loss)
Nonoperating Revenue (Expenses)
City Subsidy
Virginia Tech Subsidy
Proceeds from Bdck Sales
Interest on Investments
Conference Center
Total Nonoperating Revenue
(Expenses)
Net Income {Loss)
Notes to Financial Statement:
(1)
{2)
1997
CONFERENCE
COMMISSION (1) CENTER (2) TOTAL
1996
$ $ $ $
1,601,124 1,601,124 1,097,379
1,601,124 1,601,124 1,097,379
62,633 62,633 67,442
1,427,933 1,427,933 1,185,975
344,759 31,831 376,590 344,029
407,392 1,459,764 1,867,156 1,597,446
(407,392) 141,360 (266,032) (500,067)
175,000 175,000 175,000
175,000 175,000 175,000
150 150 1,250
7,365 7,365 6,850
(78,947) (78,947) (71,131 )
357,515 (78,947) 278,568 286,969
($49,877) $62,413 $12,536 ($213,098)
The column entitled "Commission" represents Commission activity in the City's financial records.
The column entitled "Conference Center" represents actual revenue and expenses of the Conference
Center, as provided by Doubletree Management.
10
CITY OF ROANOKE, VIRGINIA
INTERNAL SERVICE FUNDS
COMPARATIVE INCOME STATEMENT
FOR THE 9 MONTHS ENDING MARCH 31, 1997
Charges for Services
Total Operating Revenue
Operating Expenses
Operating F_~nses
Depreciation
Total Operating Expenses
Operating Income (Loss)
Nonoperating Revenue (Expenses)
Interest Revenue
Transfer from General Fund
Transfer from Materials Control Fund
Transfer from Management Services Fund
Transfer from School Board
Transfer to Civic Center Fund
Transfer to City Information System
Transfer to Transportation Fund
Net Nonoperatlng Revenue
(Expenses)
Net Income
TOTALS
city
Information Materials Management UtilltyLIne Fleet Risk(t)
Systems Control Services Services Management Management 1887 1666
$1,773,895 $145,683 $136,436 $2,343,331 $2,382,810 $4,793,476 $11,575,631 $6,758,987
1,778,696 t46,~83 t38,438 2,343,33t 2,382,9t0 4,783,476 tt,676,631 8,788,~7
1,O43,256 73,457 39,393 1,637,551 858,253 120,466 3,772,376 3,542,075
286,487 10,726 49,969 384,195 582,127 4,800,479 6,113,983 1,511,180
465,534 1,372 30,137 124,050 971,114 1,592,207 1,283,989
1,786,277 86,666 1t6,486 2,146,78; 2,411,484 4,820,646 tt,478,668 9,337,244
(2t,$82) ~0,128 19,987 t87,636 (28,684) (127,469) 97,0~6 421,743
79,569 (5,323) 8,324 51,642 44,854 356,608 535,674
241,345 913,358 1,154,703
50,000 50,000
212,600
55,000
20,000
(114,896)
(267,600)
(43,165)
320,814 (6,323) 8,324 61,642 t,008,2t2 ~9,G0~ t,740,377 1,086,048
$2~8,632 $84,806 $26,29t $248,t77 $876,828 $226,t39 $1,837,442
Note (1) 111e Risk Management Fund was established on July 1, 1996.
11
CiTY OF ROANOKE, VIRGINIA
CITY TREASURER'S OFFICE
GENERAL STATEMENT OF ACCOUNTABILITY
FOR THE MONTH ENDED MARCH 31, 1997
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 MARCH 31, 1997.
$13,647 934.98 ~'.~:,~';~ ;~ ~!::
GENERAL ($2,978,997.25)$19,587,314.27 ~>:~,~;~.,.; ~ $654,544.33
WATER 5,872,868.75 420,716.46 173,858.67 ~;:~i~!;~:~i ~ ~ 6,~1,534.74
SEWAGE 22,612,230.94 1,654,147.78 1,700,391.59 ~ ~ ~ ~ 20,698,754.44
CIVIC CENTER ~2,681.50 221,737.69 272,716.71 ~;~ ~ ~ ~ 556,703.59
T~NSPORTATION 67,409.98 123,225.10 178 679.28 ~ ~ 167,217.46
CAPITAL PROJECTS 28,324,164.49 116,250.92 1,228,557.81 ~"
~ ~ :~ 38,927,365.40
.u.s~N~ HOaE S~,S~.~ ~,~.33 ~ 77,~3.0~ ~ ~ ~ 360,~33.~
CONFERENCE CENTER 357,459.26 4,437.30 11,523.61 ~[~ ~ ~ 93,956.94
c~w ~NFO.~T~ON SYSTEMS ~,176,S~.7~ ~ ,0~0.SS S0,S7S . lS ~.' ~ ~ ~:~ ~ ~,00S,7S7.SS
~TERIALS CONTROL (90,239.99) 106,954.52 163,034.85 ~:~:~ ~ (129,723.74
~NAGEMENT SERVICES 219,458.50 21,273.~ 19,831.40 ~ 183,187.29
74,7~=.os ~
UTILI~ LINE SERVICES 1,491,751.17 1,712.15 125,103.47 ~ ~~ ~ 1,275,536.92
FLEET ~GEMENT 1,322,716.36 37,202.08
PAY.OLL (~,~3,77~.SS) ~,37~,730.SS ~3,631,S~S.31 ~ ~ (~,~37,~3~.7~
RISK~NAGEMENT 8,977,914.58 658,613.18 524,879.89 ~ ~ ~ 0.00
PENSION (~,322.42) 1,504,150.53 710,997.48 ;~?~:~'~ ~*~ 424,921.07
FDETC 24,778.99 222,358.79 149,615.46 [~
~ ~01,766.4~
TOTAL $79,020,113.65 ~2,788,798.87 $39,045,332.93 ?~;~~ $88,636,519.92
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
MARCH 31, 1997. THAT SAID FOREGOING:
CASH:
CASH ON HAND
CASH IN TRANSIT
INVESTMENTS ACQUIRED FROM COMPETITIVE PROPOSALS:
COMMERCIAL PAPER
OVERNIGHT INVESTMENT
REPURCHASE AGREEMENTS
U. S. TREASURY NOTES
VIRGINIA AIM PROGRAM (U. S. SECURITIES)
TOTAL
DATE: APRIL 10, 1997
DAVID C. ANDERSON, TREASURER
12
CITY OF ROANOKE PENSION PLAN
STATEMENT OF REVENUE AND EXPENSES
FOR THE 9 MONTHS ENDING MARCH 31, '1997
Revenue
Contributions
Investment Income
Gain on Sale of Investments
Bond Discount Amortization
TotalRevenue
1997
$4,524,355
5,249,551
11,719,468
182,014
$21,675,388
1996
$4,941,203
4,994,900
3,462,583
195,552
$13,594,238
Expenses
Pension Payments
Fees for Professional Services
Bond Premium Amortization
Administrative Expense
Total Expenses
Net Income
$6,133,945
506,908
369,616
204,120
7,214,589
$14~460~799
$5,958,733
461,788
219,132
140,866
6,780,519
$61813~719
13
CITY OF ROANOKE PENSION PLAN
BALANCE SHEET
MARCH 31, 1997
Assets
Cash
Investments:
(market value:
Due from Other Funds
Other Assets
Total Assets
(1997 $227,711,501
1996 $206,710,842)
1997
$715,450
187,638,925
0
18,000
$188~372,375
1996
$424,861
165,943,914
2,010
18,000
__ $1~66,388,785
Liabilities and Fund Balance
Liabilities:
Due to Other Funds
Total Liabilities
$698,615
698,615
$646,863
646,863
Fund Balance:
Fund Balance, July 1
Net Income - Year to Date
Total Fund Balance
Total Liabilities and Fund Balance
173,212,961
14,460,799
187,673,760
$188,372,375
158,928,203
6,813,719
165,741,922
$166,388,785
14
Mary F. Parker, CMCIAAE
C~y Clerk
CITY OF ROANOKE
Office of the City Clerk
Sandra H. Eakin
Deputy City Clerk
May 7, 1997
File #166-169-468-514
W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
A report of the Water Resources Committee recommending that Council take no action to
authorize a conditional permit to the property owners at 402 Willow Oak Drive, S. W., in
connection with a request to construct a brick wall encroaching approximately eight feet
into the right-of-way of River Birch Lane, S. W., was before the Council of the City of
Roanoke at a regular meeting held on Monday, May 5, 1997.
On motion, duly seconded end unanimously adopted, Council concurred in the
recommendation.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:sm
W. Robert Herbert
City Manager
May 7, 1997
Page 2
pc:
Mr. and Mrs. Wilson Wafts, 402 Willow Oak Drive, S. W., Roanoke, Virginia
24014
Wilburn C. Dibling, Jr., City Attorney
James D. Grisso, Director of Finance
William F. Clark, Director, Public Works
Charles M. Hufflne, City Engineer
Sarah E. Fitton, Engineering Coordinator
John R. Marries, Chief, Planning and Community Development
Evelyn D. Dorsey, Zoning Administrator
Diane S. Akers, Budget Administrator, Office of Management and Budget
Kit B. Kiser, Director, Utilities and Operations
Dolores C. Daniels, Assistant to the City Manager for Community Relations
May 5, 1997
Report No. 97-328
Honorable Mayor and City Council
Roanoke, Virginia
Dear Members of Council:
Subject: Encroachment into Public Right of Way
Brick Wall, 402 Willow Oak Drive, S.W.
Official Tax No. 1100205
The attached staff report was considered by the Water Resources Committee at its
regular meeting on April 21, 1997. The Committee recommends that Council take no action
that would authorize a conditional permit to the property owners at 402 Willow Oak Drive,
S.W., Official Tax No. 1100205, to permit the construction of a brick wall encroaching
approximately eight feet into the right-of-way of River Birch Lane, S.W., in accordance with
conditions stated in the attached report.
Respectfully submitted,
Lin~da~F. Wyatt, Chairperson~
Water Resources Committee
LFW:KBK:afm
Attachment
CC:
Wilburn C. Dibling, Jr., City Attorney
James D. Grisso, Director of Finance
Kit B. Kiser, Director of Utilities & Operations
Charles M. Huff'me, City Engineer
Delores D. Daniels, Assistant City Manager for Community Relations
Evelyn Dorsey, Zoning Administrator
Diane S. Akers, Budget Administrator
Mr. & Mrs. Wilson Watts, 402 Willow Oak Drive, S.W. 24014
Report No. 97-328
CITY OF ROANOKE
INTERDEPARTMENTAL COMMUNICATION
DATE:
TO:
FROM:
SUBJECT:
April 21, 1997
K~.~bersI Water Resources Committee
· ~s/er,-Director, Utilities and Operations thru
~.~erbert, City Manager
Encroachment into Public Right of Way
Brick Wall, 402 Willow Oak Drive, S. W.
Official Tax No. 1100205
Backqround in chronological order is as follows:
Permission to construct fences, walls, decks, or various other structures that
encroach into the public right of way is a request that property owners make to
the City from time to time.
The City adopted a policy prohibit nq new encroachments of this type into the
public right of way in August of 1986.
II. Current situation is as follows:
Property owners, Wilson and Barbara Wafts, have requested a conditional
permit to allow the construction of a brick wall, four feet high, across their side
yard.
The bdck wall would encroach up to approximately 8 feet into the public right of
way of River Birch Lane, S.W. This encroachment would extend to the curb
line. There are no sidewalks in this area.
C. Zoning restrictions in this area (RS-l) would require the wall to be set back
fifteen feet from the property line.
Page 2
III. Issues in order of importance are:
A. City Policy
B. Zonin.q Requirements
C. Property Owner's Desire
D. Potential Liability
E. Indemnification
IV.
Alternatives in order of feasibility are:
A. Water Resources Committee recommends that City Council not deviate from
standard policy and not authorize a conditional permit to the property owner at
402 Willow Oak Drive, S.W., Official Tax No. 1100205, to permit the
construction of a brick wall approximately eight feet into the right-of-way of
River Bimh Lane, S.W.
1. City Policy of not allowing encroachments in the City's right of way is
upheld.
2. Zoning Requirements would not be violated.
3. Desire by applicant for brick wall to be constructed is not met.
4. Potential liability would be avoided.
5. Indemnification of City would not be necessary.
Water Resources Committee recommends that City Council deviate from
standard policy and authorize a conditional permit to the property owner at 402
Willow Oak Drive, S.W., Official Tax No. 1100205, to permit the construction of
a brick wall approximately eight feet into the right-of-way of River Birch Lane,
S.W.
City Policy of not allowing encroachments in the public right of way is not
upheld.
Page 3
Zoning Requirements would be violated. Applicant would need to seek a
variance from the Board of Zoning Appeals to exceed the maximum height
of 30 inches.
Desire by applicant for brick wall to be constructed is met.
Potential liability dictates that liability insurance be provided by property
owner as specified in Attachment A.
Indemnification of City by property owner would be required as specified
in Attachment A.
Water Resources Committee recommends that City Council not authorize a
conditional permit to the property owners at 402 Willow Oak Drive, S.W., Official Tax
No. 1100205, to permit the construction of a brick wall encroaching approximately
eight feet into the right-of-way of River Birch Lane, S.W.
WRH/KBK/SEF
Attachments
CC:
City Attorney
Director of Finance
Director of Public Works
Director of Utilities and Operations
Assistant to City Manager for Community Relations
City Engineer
Zoning Administrator
Budget Administrator
Mr. & Mrs. Wilson Watts, 402 Willow Oak Drive, S.W., 24014
ATTACHMENT A
INSURANCE REQUIREMENTS
FOR ENCROACHMENTSIN RIGHT-OF-WAY
Owner shall obtain liability insurance coverage with respect to claims arising out of the
subject matter of this agreement. The amount of such insurance shall not be less
than:
A. General Aggregate $300,000
B. Products - Completed/Operations Aggregate $1,000,000
C. Personal and Advertising Injury $1,000,000
D. Each Occurrence $300,000
Above amounts may be met by umbrella form coverage in a minimum amount
of $1,000,000 aggregate; $1,000,000 each occurrence.
Owner shall name the City, its officers, agents, employees, and volunteers as
additional insured as its interests may appear on the above policy. Such coverage shall
not be canceled or materially altered except after thirty (30) days prior written notice
of such cancellation or material alteration to the Director of Utilities and Operations of
the City of Roanoke.
Owner shall indemnify and save harmless the City of Roanoke, its officials, officers
and employees, from all claims for injuries or damages to persons or property that may
arise by reason of the encroachment over public right-of-way.
PROPOSED
'0
9
/0
I1
.0
5.'5 6:5 Ac.
PROPOSED
WALL
h. iARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, SW.~ Room 456
Roanoke. Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-11d.5
May 7, 1997
File #20-57-514
SANDRA H. EAKIN
Deputy City Clerk
M. Wayne Hylton, Jr., Vice-President
S. R. Draper Paving Co., Inc.
4742 Old Rocky Mount Road, S. W.
Roanoke, Virginia 24014
Stanley H. Puckett, President
L. H. Sawyer Paving Co., Inc.
496 Glenmore Drive
Salem, Virginia 24153
Gentlemen:
I am enclosing copy of Ordinance No. 33375-050597 accepting the bid of Adams
Construction Co., in the total amount of $1,394,532.80, for paving and profiling of various
streets within the City of Roanoke, 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. The abovereferenced measure was adopted by the
Council of the City of Roanoke at a regular meeting held on Monday, May 5, 1997.
On behalf of the City of Roanoke, I would like to express appreciation for submitting your
bid on the abovedescribed project.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:sm
Enc.
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W, Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
May 7, 1997
File f~20-57-514
SANDRA H, EAKIN
Deputy City Clerk
J. C. Landford, President
Adams Construction Co.
P. O. Box 12627
Roanoke, Virginia 24027
Dear Mr. Landlord:
I am enclosing copy of Ordinance No. 33375-050597 accepting the bid of Adams
Construction Co., in the total amount of $1,394,532.80, for paving and profiling of various
streets within the City of Roanoke, 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. The abovereferenced measure was adopted by the
Council of the City of Roanoke at a regular meeting held on Monday, May 5, 1997.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:sm
Eno.
Name, Title
Adams Construction Co,
May 7, 1997
Page 2
pc;
W. Robert Herbert, City Manager
James D. Grisso, Director of Finance
William F. Clark, Director, Public Works
Charles M Huffine, City Engineer
Ellen S. Evans, Construction Cost Technician
William L. Stuart, Manager, Streets and Traffic
Robert K. Bengtson, Traffic Engineer
Kit B. Kiser, Director, Utilities and Operations
D. Darwin Roupe, Manager, Supply Management
Diane S. Akers, Budget Administrator, Office of Management and Budget
Dolores C. Daniels, Assistant to the City Manager for Community Relations
IN THECOUNCILOFTHECrrY OF ROANOKE, VIRGIN-IA
The 5th day of May, 1997.
No. 33375-050597.
AN ORDINANCE accepting the bid of Adams Construction Company, for paving and
profiling of various streets, upon certain terms and conditions, and awarding a contract therefor~
authorizing the proper City officials to execute the requisite contract for such work; rejecting all other
bids made to the City for the work; and providing for an emergency.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The bid of Adams Construction Company, made to the City in the total amount of
$1,394,532.80, for paving and profiling of various streets within the City of Roanoke, as is more
particularly set forth in the report to this Council dated May 5, 1997, 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 noti~ 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.
Mary F. Parker, CMC/AAE
C~y Clerk
CITY OF ROANOKE
Office of the City Clerk
8andra H. Eakin
Deputy City Clerk
May 7, 1997
File #20-57-60-514
James D. Grisso
Director of Finance
Roanoke, Virginia
Dear Mr. Grisso:
I am attaching copy of Ordinance No. 33374-050597 amending and reordaining certain
sections of the 1996-97 General Fund Appropriations, providing for appropriation of
$1,413,880.00, in connection with construction of asphalt concrete ovedays and pavement
profiling of vadous streets within the City of Roanoke. The abovereferenced measure was
adopted by the Council of the City of Roanoke at a regular meeting held on Monday,
May 5, 1997.
MFP:sm
Enc.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
James D. Grisso
Director of Finance
May 7, 1997
Page 2
pc:
W. Robert Herbert, City Manager
William F. Clark, Director, Public Works
Charles M. Huffine, City Engineer
Ellen S. Evans, Construction Cost Technician
William L. Stuart, Manager, Streets and Traffic
Robert K. Bengtson, Traffic Engineer
Kit B. Kiser, Director, Utilities and Operations
D. Darwin Roupe, Manager, Supply Management
Diane S. Akers, Budget Administrator, Office of Management and Budget
Dolores C. Daniels, Assistant to the City Manager for Community Relations
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 5th day of May, 1997.
No. 33374-050597.
AN ORDINANCE to amend and reordain certain sections of the 1996-97 General
Fund Appropriations, and providing for an emergency.
WHEREAS, for the usual daily operation of the Municipal Government of the City
of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that
certain sections of the 1996-97 General Fund Appropriations, be, and the same are
hereby, amended and reordained to read as follows, in part:
Appropriations
Public Works
Street Paving (1) ..........................................
$ 24,958,978
1,627,003
Nondepartmental
Transfers to Other Funds (2) .................................
$ 56,631,626
56,266,133
Fund Balance
Reserved for CMERP - City (3) ................................ $ 1,234,926
1) Fees for Professional
Services
2) Transfer to Capital
Projects Fund
3) Reserved for CMERP -
City
(001-052-4120-2010)
(001-004-9310-9508)
(001-3323)
$ 541,094
(216,094)
(325,000)
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall
be in effect from its passage.
AFl'EST:
City Clerk.
May 5, 1997
No. 97-142
Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of Council:
SUBJECT:
Bid Committee Report
Asphalt Concrete Overlays and Pavement Profiling
of Various Streets Within the City of Roanoke
Bid Committee Report attached is for paving and profiling of
various streets within the City of Roanoke. The 31,260 tons
of asphalt will pave approximately 57 lane miles.
City street pavinq proqram's current ten-year average is shown
on Attachment I. The average number of lane miles paved
during this ten-year period is 67.5 which is greater than the
57 lane-miles desired each year.
Recommendation is that City Council
recommendations of the Bid Committee Report.
approve the
Respectfully submitted,
W. Robert Herbert
City Manager
WRH/RKB/gpe
Attachments
copy: City Attorney
Director of Finance
Director of Public Works
Budget Administrator
City Engineer
Traffic Engineer
Construction Cost Technician
Manager, Supply Management
May 5, 1997
No. 97-142
Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of Council:
SUBJECT:
Bid Committee Report
Asphalt Concrete Overlays and Pavement Profiling
of Various Streets Within the City of Roanoke
I. Backqround
Bids were received in the General Services office on
April 15, 1997. These bids were publicly opened and read
aloud for Asphalt Concrete Overlays and Pavement
Profiling of Various Streets Within the City of Roanoke.
Three (3) bids were received and referred to the bid
committee for review and report back to City Council.
The low bid, in the amount of $1~322~482.80, was
submitted by Adams Construction Company. Alternate No.
1 (raising manholes) was bid at $72,050.00, resulting in
a total bid of $1,394,532.80.
City Council has directed the Administration to give
"every consideration" to maintaining a 20-year paving
cycle on City streets. The 20-year paving cycle requires
that 57 lane-miles be paved each year within the City of
Roanoke. (See Attachment I.)
Co
Street condition investiqated by Streets & Traffic
Department indicates that 73 lane miles of streets are
rated in the "A" category. This category includes
streets which are identified as being in the greatest
need of resurfacing. These determinations are based upon
professional field judgement which examines the extent of
various types of pavement deterioration such as cracking,
rutting, and raveling. Based upon funds available at the
time of project advertisement, 57 lane miles were
included in the work advertised for bids.
Fundinq sources totaling $1~413,880.00 are listed on
Attachment II and would provide a unit price contract of
$1~394,532.80 for 31~260 tons of asphalt and $19~347.20
contingency for replacement of vehicle detectors (wire
loops embedded in the pavement surface at signalized
intersections) that will be destroyed as a result of the
pavement profiling needed under this paving program. The
paving contract will enable the resurfacing of 57 lane
miles of streets at prices contained in the low bid shown
on Attachment III. One of the funding sources is the
Bid Committee Report/No. 97-142
May 5, 1997
Fiscal Year 1997-98 Paving Program monies in the amount
of $872,786.00. Therefore, the proposed contract is
based upon funds included in the Fiscal year 1997-98
budget to be adopted on May 12, 1997. However, contract
expenditures prior to June 30, 1997 can be paid from the
currently available FY 96-97 funds.
II. Issues:
A. Compliance of the bidders with the requirements of
contract documents.
B. Amount of the low bid.
C. Fundinq for construction.
D. Time of completion.
III. Alternatives:
Award the contract to Adams Construction Company in the
amount of $1,394,532.80 (base bid plus Alternate No. 1)
for paving, and establish a contingency in the amount of
$19,347.20 for a total of $1,413,880.00, in a form
acceptable to the Director of Finance.
Compliance of the bidder with the requirements of
the contract documents was met.
Amount of the low bid is acceptable. The $29.39
price per ton of asphalt is 11.5% higher than last
year's price of $26.37.
3. Fundinq for the project is available in the
accounts listed in Attachment II to pave 57 lane
miles.
4. Time of completion of the project is 180 days.
Award the contract to Adams Construction Company in the
amount of $1,768~729.50 (increased base bid plus
Alternate No. 1) for paving, and establish a contingency
in the amount of $27,270.50 for a total of $1,796,000, in
a form acceptable to the Director of Finance.
Compliance of the bidder with the requirements of
the contact document was met.
2· Amount of the low bid is acceptable. The $29.39
price per ton of asphalt is 11.5% higher than last
2
Bid Committee Report/No. 97-142
May 5, 1997
year's price of $26.37. Contract amount, which
will allow the city to pave 73 lane miles, is
$374t196.70 more than the low bid total (including
Alternate No. 1). The Streets & Traffic Department
can increase the appropriate quantities, as bid on
a unit price basis. Project specifications state
that the city reserves the right to add to or to
decrease the quantities listed in the Bid form in
an amount that would not exceed 35 percent of the
total accepted Base Bid, without renegotiation of
the unit prices.
Funding is not available for the additional
$382t120 (for increased quantities and increased
contingency) that would be needed to pave an
additional 16 lane miles, thereby paving all 73
lane miles of A-rated streets.
Time of completion of the project would be increase
by 50 days to a new total of 230 days.
C. Reject all bids and do not pave the city streets this
year.
1. Compliance with requirements of the contract
documents would not be an issue.
o
Amount of the bid price would probably be higher if
re-bid at a later date.
3. Funding would not be spent at this time.
o
Time would become a factor in the deterioration of
streets that need paving now.
IV. Recommendation is that City Council concur in Alternative "A"
and take the following specific actions:
Award the contract to Adams Construction Company in the
sum of $1~394~532.80, and establish a contingency in the
amount of $19,347.20 for a total of $1,413,880.00 in a
form acceptable to the Director of Finance.
Appropriate $325,000.00 in CMERP funding to Street Paving
Account No. 001-052-4120-2010.
Transfer $216~094.00 in the FY96-97 General Fund Budget
from the Transfer to Capital Projects Fund Account ~
~-412~2~10) to Street Paving Account (001-052-4120-
2010).
3
&TTACHNENT I
CITY OF RCkt~OI~ STREET PAVING PROGBAN
10 ~ PERIOD
YEAR APPROXIMATE COST TOTAL
LANE MILES PER TON CONTRACT
1988 57 26.77 993,618.15
1989 98 24.61 1,641,000.00
1990 57 24.61 901,532.60
1991 70 21.77 1,071,723.00
1992 75 20.23 951,807.05
1993 60 24.61 985,000.00
1994 57 26.15 1,462,488.30
1995 76 26.49 1,411,105.40
1996 67 26.37 1,379,883.00
1997' 57 29.39 1,394,532.80
TOTAL 675 29.39 $12,192,681.30
~^~-V~r Avg. 67.5 *Paving Program proposedb¥ this report
0
0
0
0
0
MARY E 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) 853-2541
Fax: (540) 853-1145
SANDRA H. EAKIN
Deput3, C~ty Clerk
May 7, 1997
File ffi30-448
The Honorable John H. Pan'off, Chairperson
Roanoke Valley Regional Cable Television Committee
714 Wildwood Road, S. W.
Roanoke, Virginia 24014
Dear Mr. Parrott:
I am enclosing copy of Resolution No. 33376-050597 approving the recommendation of
the Roanoke Valley Regional Cable Television Committee to approve the annual operating
budget for Fiscal Year 1997-98 for operation of the regional government and educational
access station-Roanoke Valley Television (RVTV, Channel 3), and for the City to provide
partial funding in the amount of $112,305.00 which is within the limits provided for in the
agreement. The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, May 5, 1997.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:sm
Eno.
The Honorable John H. Pan'off, Chairperson
Roanoke Valley Regional Cable Television Committee
May 7, 1997
Page 2
pc;
Mary H. Allen, Clerk, Roanoke County Board of Supervisors, P. O. Box 29800,
Roanoke, Virginia 24018
Carolyn S. Ross, Clerk of Council, Town of Vinton, P. O. Box 338, Vinton, Virginia
24179
Angela McPeak, Cable TV Government Access Director, 541 Luck Avenue, S. W.,
Suite 145, Roanoke, Virginia 24016
Dan L. Frei, Member, Roanoke Valley Cable Television Committee, P. O. Box 3252,
Roanoke, Virginia 24015
W. Robert Herbert, City Manager
Wilburn C. Dibling, Jr., City Attorney
Gary Tegencamp, Assistant City Attorney
James D. Grisso, Director of Finance
Diane S. Akers, Budget Administrator, Office of Management and Budget
Sandra H. Eakin, Secretary, Roanoke Valley Regional Cable Television Committee
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 5th day of May, 1997.
No. 33376-050597.
A RESOLUTION approving the recommendation of the Roanoke Valley Regional Cable
Television Committee to approve the annual operating budget for Fiscal Year 1997-98 for the
operation of the regional government and educational access station-Roanoke Valley Television
(RVTV, Channel 3), and for the City to provide partial funding.
WHEREAS, the Roanoke Valley Regional Cable Television Committee (Committee) has
reviewed and approved the annual budget for the Fiscal Year 1997-98 for the operation of RVTV
and has requested that the City of Roanoke approve that budget; and
WHEREAS, the Committee is comprised of representatives from the City of Roanoke,
Roanoke County, and the Town of Vinton and these jurisdictions have agreed to provide funding for
the purposes for which the Committee was created, including the support of the operation of a
regional government and educational access station, RVTV; and
WHEREAS, said jurisdictions have agreed to provide funding as provided for in the
agreement creating the Committee and the Committee has recommended that the City of Roanoke
provide partial funding to RVTV in the amount of$112,305.00, which is within the limits provided
for in the agreement; and
WHEREAS this Council desires to approve the recommendation of the Committee and
provide partial funding as requested by the Committee;
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The annual budget for Fiscal Year 1997-98 for the operation of the regional
government and regional educational access station, RVTV, as set forth in a report to this Council
dated May 5, 1997, is hereby approved.
2. The amoum orS112,305.00 will be provided by the City of Roanoke as its prorata
share for the annual operational budget for RVTV for the Fiscal Year 1997-98 as requested in the
report to this Council dated May 5, 1997.
ATTEST:
City Clerk.
May 5, 1997
The Honorable David A. Bowers, Mayor
and Members of City Council
Roanoke, Virginia
SUBJECT: Budget for Government and Educational Access Cable Television Studio
Dear Mayor Bowers and Members of City Council:
Roanoke, Roanoke County and the town of Vinton jointly operate Roanoke Valley Television
(RVTV). The initial equipment and facilities for the television studio were funded through a capital
grant from Cox Communications in the amount of $480,000. The studio is located at the Jefferson
Center, and currently employs three full-time staff members, in addition to a variety of part-time
personnel. The staff produces videos and shows for the local governments and school systems which
are cablecast along with government meetings on Cox Communications Channel 3.
On June 8, 1992, City Council approved the Roanoke Regional Cable Television Committee
Agreement. In addition to determining the primary purposes of the Committee, the agreement states
that the operating budget for RVTV must be approved by the governing bodies of the City, County and
Town. Funding for the operating budget is provided by the three governments, based on the proportion
of (.'ox customers located in each jurisdiction. City Council has formally agreed to provide up to 20
percent of the franchise fee paid by Cox Communications to fund the operations of the facility.
The Roanoke Valley Cable Television Committee approved the attached RVTV operational
budget for Fiscal Year 1997-98 at its meeting on April 2, 1997. The recommended budget of $190,995
is a 24 percent increase over the current year budget of $154,193. The budget includes the following
highlights:
Add another full-time producer position (Roanoke County pay grade 16, starting at $20,257)
and eliminate regular part-time positions. Because of the increase in workload over the last
year, the current staff cannot take on additional programs or additional live government
meetings. The new'position will allow greater flexibility for the localities in terms of new
programming, allow for a low turnover rate among employees and will eliminate part-time
funds.
Re-classify the Station Manager position from Grade 24 on the County pay scale to Grade 25.
The change in grade and salary compensate for a major change in responsibilities from a one-
person operation in 1992 to the current day operations that include three trained professional
staff and quality, award winning programming four nights each week.
Re-classify the Assistant Station Manager position from Grade 18 to Grade 20. This increase in
grade and salary compensates for the many additional responsibilities taken on by the manager
and the consistent production of high quality products.
The Honorable Mayor and Members of Council
· May 5, 1997
Page Two
RVTV staff is carried on the payroll and benefits system of Roanoke County. Accordingly,
they will receive the same increase as County employees. The proposed budget includes funding for a
four percent raise for staff, but actual raises will be at the County rate.
The proposed RVTV budget is $190,995. The total is broken down by locality as follows:
Locality % of Cable Customers/Budget Cost
Roanoke 58.8% $112,305
Roanoke County 33.8% $64,556
Vinton 7.4% $14,134
Cox Communications paid a five percent franchise fee to the three local governments in 1996,
which amounted to $1,192,000. The city's share of the franchise fee was $700,896. The 20 percent of
the franchise fee allocated for operation of RVTV equates to $140,179. Accordingly, the current
budget is nearly $28,000 below the available funding.
On behalf of the city's representatives to the Cable Television Committee, and as City Council's
representative, I am pleased to recommend that City Council approve the proposed RVTV budget in
the amount of $190,995, with the city share being $112,305. Funding has been included in the City
Manager's Recommended Budget.
Sincerely, ,f~
~ ~Vohn H. Parrott, Chairman
Roano-- - ke Valley Cable Television Committee
JHP/MMB/ds
Attachment
CC~
W. Robert Herbert, City Manager
M. Michelle Bono, Public Information Officer
Wilburn C. Dibling, City Attorney
Gary Tegenkamp, Assistant City Attorney
Mary Parker, City Clerk
Sandy Eakin, Deputy City Clerk
Gretchin Shine, General Manager, Cox Communication
Danny Fry, Member, Roanoke Valley Cable Television Committee
Subfund - 817
Department - 21
RI/TV OPERATIONdL BUDGET- FY 1997-98
1010
1020
2100
2200
2300
2310
2400
3013
3202
3209
3530
3610
5210
5230
5235
5305
5308
5410
5420
5501
5504
5520
5540
5801
5819
5883
6010
6080
6202
213200
Regular
Part-Time
FICA - Employer Contribution
Retirement - VSRS
Group Health Insurance
Group Dental Insurance
Life Insurance
Professional Services - Other
Repairs (Office Equipment)
Repairs (Other Equipment)
Printed Forms
Advertising
Postage
Telephone
Car Phones
Motor Vehicle Insurance
General Liability Insurance
Lease / Rent of Equipment
Lease / Rent of Buildings
Travel (Mileage)
Travel (Convention & Conferences)
Dinner Meetings and Luncheons
Training & Education
Dues & Association Memberships
Small Equipment & Supplies
Video Supplies
Office Supplies - General
Gas, Oil & Grease
Subscriptions
Regional Cable Television
CurrentBudget
78,477.00
5,000.00
6,386.00
8,813.00
4,914.00
453.00
0.00
7,500.00
500.00
1,000.00
500.00
500.00
75.00
2,000.00
0.00
1,575.00
1,100.00
1,000.00
26,600.00
1,000.00
1,000.00
500.00
600.00
500.00
0.00
2,500.00
800.00
500.00
400.00
154,193.00
Proposed
106,719.00
0.00
8,162.00
12,603.00
7,864.00
724.00
373.00
7,500.00
500.00
1,000.00
500.00
0
250.00
2,200.00
300.00
1,600.00
1,100.00
500.00
26,600.00
250.00
1,000.00
500.00
3,750.00
700.00
0.00
2,500.00
1,000.00
500.00
2,500.00
190,995.00
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) 853-2541
Fax: (540) 853-1145
SANDRA H. EAKIN
Deputy Cit~, Clerk
May 7, 1997
File #514
Edward A. Natt, Attorney
Osterhoudt, Ferguson, Natt,
Aheron & Agee, P.C.
1919 Electric Road, S. W.
Roanoke, Virginia 24014
Dear Mr, Naif:
I am enclosing copy of Ordinance No. 33353-050597 permanently vacating, discontinuing
and closing a portion of 22nd Street, S. W., extending from Patterson Avenue in a
northerly direction to the point that 22nd Street was closed, pursuant to Ordinance No.
11803 adopted by the Council of the City of Roanoke on May 15, 1953; and a certain alley
extending in an east/west direction between 22nd and 23rd Streets, S. W., located in the
middle of Block 54, Map of West End and Riverview. The abovereferenced measure was
adopted by the Council of the City of Roanoke on first reading on Monday, April 21, 1997,
also adopted by the Council on second reading on Monday, May 5, 1997, 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
Eric.
Edward A. Naif, Attorney
Osterhoudt, Ferguson, Naif,
Aheron & Agee, P.C.
May 7, 1997
Page 2
pc:
Mr. Robert W. Thurman, 1112 Tipton Avenue, S. E., Roanoke, Virginia 24014
Ralph Smith, Inc., 2141 Patterson Avenue, S. W., Roanoke, Virginia 24016
Mr. George R. Martin, Jr., P. O. Box 533, Roanoke, Virginia 24003
Phil Orb. Johns Exec., 2206 Patterson Avenue, S. W., Roanoke, Virginia 24016
R. Johns Transfer, Inc., 2206 Patterson Avenue, S. W., Roanoke, Virginia 24016
Ms. Rosalie B. Johns, 2206 Patterson Avenue, S. W., Roanoke, Virginia 24016
Ms. Ann L. Taylor, 2236 Patterson Avenue, S. W., Roanoke, Virginia 24016
Mr. Eutaw L. Bowling, 2315 Patterson Avenue, S. W., Roanoke, Virginia 24016
Mr. Leo T. Barber, P. O. Box 4307, Roanoke, Virginia 24015
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
Nancy J. Brown, 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/enclosure
John R. Marlles, Agent, City Planning Commission, w/enclosure
Evelyn D. Dorsey, Zoning Administrator, w/enclosure
Martha P. Franklin, Secretary, City Planning Commission
Mary F. Parker, CMC/AAE
City Clerk
CITY OF ROANOKE
Office of the City Clerk
May 7, 1997
File #514
Sandm H. Eakin
Deputy City Clerk
The Honorable Arthur B. Crush, III
Clerk of Circuit Court
Roanoke, Virginia
Dear Mr. Crush:
I am attaching copy of Ordinance No. 33353-050597, for proper recordation in your office,
permanently vacating, discontinuing and closing a portion of 22nd Street, S. W., extending
from Patterson Avenue in a northerly direction to the point that 22nd Street was closed,
pursuant to Ordinance No. 11803 adopted by the Council of the City of Roanoke on
May 15, 1953; and a certain alley extending in an east/west direction between 22nd and
23rd Streets, S. W., located in the middle of Block 54, Map of West End and Riverview.
The abovereferenced measure was adopted by the Council of the City of Roanoke on first
reading on Monday, April 21, 1997, also adopted by the Council on second reading on
Monday, May 5, 1997, 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.
pc:
Edward A. Naif, Attorney, Osterhoudt, Ferguson, Natt, Aheron & Agee, P. C.,
1919 Electric Road, S. W., Roanoke, Virginia 24014
IN THE COUNCIL OF THE CITY OF ROANOKE,
The 5th day of May, 1997.
No. 33353-050597.
AN ORDINANCE permanently vacating,
certain public right-of-way in the City of Roanoke,
are more particularly described hereinafter.
VIRGINIA,
discontinuing and closing
Virginia, as
WHEREAS, Martin Brothers Construction, Inc., filed an
application to the Council of the City of Roanoke, Virginia, in
accordance with law, requesting the Council to permanently vacate,
discontinue and close the
hereinafter; and
WHEREAS, the City Planning
public right-of-way described
Commission, after giving proper
notice to all concerned as required by §30-14, Code of the City of
Roanoke (1979), as amended, and after having conducted a public
hearing on the matter, has made its recommendation to Council; and
WHEREAS, a public hearing was held on said application by the
City Council on April 21, 1997, after due and timely notice thereof
as required by S30-14, Code of the City of Roanoke (1979), as
amended, at which hearing all parties in interest and citizens were
afforded an opportunity to be heard on said application; and
WHEREAS, it appearing from the foregoing that the land
proprietors affected by the requested closing of the subject public
right-of-way have been properly notified; and
WHEREAS, from all of the foregoing, the Council considers that
no inconvenience will result to any individual or to the public
from permanently vacating, discontinuing and closing said public
right-of-way.
THEREFORE, BE IT ORDAINED by the Council of the City of
Roanoke, Virginia, that the public right-of-way situate in the City
of Roanoke, Virginia, and more particularly described as follows:
That portion of 22nd Street extending from Patterson
Avenue, S.W., in a northerly direction to the point that
22nd Street was closed May 15, 1953, by Ordinance Number
11803 and for that alley extending in an east/west
direction between 22nd Street and 23rd Street in the
middle of Block 54, West End and Riverview Map,
be, and is hereby permanently vacated, discontinued and closed, and
that all right and interest of the public in and to the same be,
and hereby is, released insofar as the Council of the City of
Roanoke is empowered so to do with respect to the closed portion of
the right-of-way, reserving however, to the City of Roanoke and any
public utility, including, specifically, without limitation,
providers to or for the public of cable television, electricity,
natural gas or telephone service, an easement for sewer and water
mains, television cable, electric wires, gas lines, telephone
lines, and related facilities that may now be located in or across
said public right-of-way, together with the right of ingress and
egress for the maintenance or replacement of such lines, mains or
utilities, such right to include the right to remove, without the
payment of compensation or damages of any kind to the owner, any
landscaping, fences, shrubbery, structure or any other
encroachments on or over the easement which impede access for
maintenance or replacement purposes at the time such work is
undertaken; such easement or easements to terminate upon the later
abandonment of use or permanent removal from the above-described
public right-of-way of any such municipal installation or other
utility or facility by the owner thereof.
BE IT FURTHER ORDAINED that the closure of the above-described
right-of-way is conditioned upon applicant's submitting to the
City, receiving approval of, and recording a subdivision plat,
2
providing for the disposition of
to be vacated, in a manner consistent
Chapter 31, Subdivision,
retention of appropriate
public passage over the same,
repair and general maintenance
exist within said right-of-way;
the land within the right-of-way,
with the requirements of
of the City Code, and providing for the
easements, together with the right of
for the purpose of construction,
of any and a]~ utilities that may
and in the event these conditions
have not been met and the said plat has not been recorded in the
Office of the Clerk of Circuit Court within twelve (12) months from
the effective date of this ordinance, this ordinance shall become
null and void with no further action by City Council being
necessary.
BE IT FURTHER ORDAINED that the City Engineer be, and he is,
directed to mark "permanently vacated,, on said public right-of-way
on all maps and plats on file in his office on which said right-of-
way is shown, referring to the book and page of ordinances and
resolutions of the Council of the City of Roanoke, Virginia,
wherein this ordinance shall be spread.
BE IT FINALLY ORDAINED that the Clerk of the Council deliver
to the Clerk of the Circuit Court of the City of Roanoke, Virginia,
a certified copy of this ordinance for recordation in the Deed
Books of said Clerk's Office, indexing the same in the nam~ of the
City of Roanoke, Virginia, as Grantor, and in the name of Martin
Brothers Construction, Inc., and the names of any other parties in
interest who may so request, as Grantees.
ATTEST:
City Clerk.
Roanoke City Planning Commission
April 21, 1997
The Honorable David A. Bowers, Mayor
and Members of City Council
Roanoke, Virginia
Dear Members of Council:
Subject:
Request from Martin Brothers Contractor's Inc., represented by Edward A.
Natt, attorney, that a portion of 22nd Street, S.W., running in a northerly
direction from Patterson Avenue, S.W., to that portion of 22nd Street
currently closed and that an alley extending in an east/west direction between
said section of 22nd Street to 23rd Street, S.W., block 54, West End and
Riverview map be permanently vacated, discontinued and closed.
Section of 22nd Street and public alley as requested for closure are both platted, but
undeveloped, rights-of-way.
Apt>licant owns abutting properties identified as Tax Parcel No. 1312411 through
1312416, as shown on Map A attached to this report.
Pronertie$ abutting the opposing sides of the subject street and alley section are
owned by Ralph Smith (1311701 and 1312501) and Robert W. Thurman (1312409
and 1312410) (see attached Map A).
Cil;y has no current or future plans to open or utilize the subject sections of 22nd
Street, S.W., or the adjacent alley extending through block 54.
A. A~plication was received on February 7, 1997.
Leeal notice was duly provided to all owners of property abutting the subject street
and adjacent alley.
Room 162 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (540) 853-2344
Members of Council
Page 2
III.
Issues:
A.
B.
C.
D.
E.
F.
IV.
Public heating was held at the Planning Commission's regular meeting on March 5,
1997. The Commission solicited public comment and discussion onthe application
in the course of the hearing. No opposition or objection to the requested closure and
vacation were expressed by any person or persons in attendance at the heating.
A~plicant intends to use the land within the vacated tight-of-way in conjunction with
his abutting business operation.
Utilities within the public tight-of-way.
Creation of a dead-end street or alley.
Land use.
Relationship to the comprehensiv~ plan
Alternatives:
A. Plannin~ Commission recommends that City Council approve the applicant's request
to close and vacate the described sections of 22nd Street, S.W. and the adjacent
public alley extending through block 54, subject to certain conditions as outlined in
part V. of this report.
1.
N i hb rhood im ac. Closure will have no effect on the adjacent
neighborhood.
Traffic impact. Closure will have no effect on traffic or traffic needs in the
area.
Utilities within the public tight-of-way will not be an issue.
Creation ora dead-~nd street or alley. Closure and vacation will not create
a dead-end street or alley.
Land use:
a. Closure and vacation of the described sections of street and alley
tights-of-way will leave lots at substandard widths and lengths.
Members of Council
Page 3
Subdivision plat should be required to combine rights-of-way with
abutting properties.
Relationship to the comnrehensive plan. It is the intent of the comprehensive
plan that available land should be used in the most appropriate manner.
Rights-of-way of the subject street and alley have remained
undeveloped for many years.
Abutting property owners could use the land within the rights-of-way
in a more efficient manner.
Plannin~ Commission recommends that City Council deny the applicant's request
to close and vacate the described section of 22nd Street and the adjacent alley.
1. ~gll~ZOJ~2fi[~ will not be an issue.
2. Traffic impact will not be an issue.
3. Utilities within the vublic right-of-way will not be an issue.
Creation ora dead-end street or alley. Closure and vacation will not create
a dead-end street or alley.
Land use. Land within the right-of-way of the subject section of street and
adjacent alley will remain in an undeveloped and non-productive status.
Relationship to the comnrehensive plan. Preserving and maintaining land for
non-productive purposes would be inconsistent with the intent of the
comprehensive plan.
Plannin~- Commission. by a vote of 4-0 (Mr. Manetta and Mrs. Duerk absent) recommends
that City Council approve Alternative A, thereby recommending that City Council approve
the applicant's request to close and vacate the described portion of 22nd Street, S.W., and
the adjacent alley extending through block 54, subject to the following conditions:
The applicant shall submit to the City for its review and approval, receive approval
of, and record in the office of the Roanoke City Circuit Court, a subdivision plat,
with said plat providing thereon for the following:
Members of Council
Page 4
Combining all properties which would otherwise be landlocked by the
requested closure, or otherwise disposing of the land within the right-of-way
to be vacated in a manner consistent with law.
The retention of appropriate easements, together with the right of public
passage over the same, for surface and subsurface installation and
maintenance of any and all existing utilities that may be located within the
right-of-way.
If the above conditions have not been met within a period of 12 months from the date
of the adoption of the ordinance providing for the closure of the subject right-of-way,
then said ordinance shall be null and void with no further action by City Council
being necessary.
Respectfully submitted,
Gilbert E. Butler, Acting Chairman
Roanoke City Planning Commission
JRM:ERT:mpf
attachment
cc: Assistant City Attorney
Attorney for the Petitioner
MARY E PARKER, CMC/AAE
Cily Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
2[5 Church Avenue, S.W.. Room 456
Roanoke. Virginia 2401
Telephone: (5401 853-2541
Fax: t540) 853-1
SANDRA H. EAKIN
Deputy C~t~, Clerk
March 5, 1997
File ~,514
John R. Marlles, Agent
City Planning Commission
Roanoke, Virginia
Dear Mr. Madles:
Pursuant to Section 30-14, Procedure for altedng or vacating City streets or alleys;
fees therefor, of the Code of the City of Roanoke (1979), as amended, I am attaching
copy of an application from Edward A. Natt, Attorney, representing Martin Brothers
Contractors, Inc., requesting that a portion of 22nd Street, S. W., extending from
Patterson Avenue in a northerly direction to the point that 22nd Street was closed,
pursuant to Ordinance No. 1803; and a certain alley extending in an east/west
direction between 22nd and 23rd Streets, S. W., located in the middle of Block 54,
Map of West End and Riverview, be vacated, discontinued and closed.
Sincerely,
Mary F. Parker, CMCIAAE
City Clerk
MFP:sm
Enc.
John R. Marries, Agent
City Planning Commission
March 5, 1997
Page 2
pc:
The Honorable Mayor and Members of the Roanoke City Council
Edward A. Natt, Attorney, Osterhoudt, Ferguson, Naif, Aheron and Agee,
V~laC., 1919 Electric Road, $. W., Suite One, Roanoke, Virginia 24018
rtha P. Franklin, Secretary, City Planning Commission
Ronald H. Miller, Building Commissioner
Steven J. Talevi, Assistant City Attorney
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
IN RE:
APPLICATION OF MARTIN BROTHERS
CONTRACTORS, INC., FOR VACATION OF
THAT PORTION OF 22ND STREET
EXTENDING FROM PATTERSON AVENUE S.W.
A NORTHERLY DIRECTION TO THE POINT
THAT 22ND STREET WAS CLOSED
MAY 15, 1953 BY ORDINANCE NUMBER
1803 AND FOR THAT ALLEY EXTENDING
IN AN EAST/WEST DIRECTION BETWEEN
22ND STREET AND 23RD STREET IN THE
MIDDLE OF BLOCK 54 WEST END AND
RIVERVIEW MAP
APPLICATION OF MARTIN BROTHERS CONTRACTORS, INC., FOR VACATION
OF THAT PORTION OF 22ND STREET EXTENDING FROM PATTERSON AVENUE
S.W. IN A NORTHERLY DIRECTION TO THE POINT THAT 22ND STREET WAS
CLOSED MAY 15, 1953 BY ORDINANCE NUMBER 11803 AND FOR THAT ALLEY
EXTENDING IN AN EAST/WEST DIRECTION BETWEEN 22ND STREET AND 23RD
STREET IN THE MIDDLE OF BLOCK 54, WEST END AND RIVERVIEW MAP.
Martin Brothers Contractor's Inc., by counsel, applies ~o
have that portion of 22nd Street Extending from Patterson Avenue
S.W. in a northerly direction to the point that 22nd Street was
closed May 15, 1953 by Ordinance Number 11803 and for that alley
extending in an east/west direction between 22nd Street and 23rd
Street in the Middle of Block 54, West End and Riverview Map, in
the City of Roanoke, Virginia, permanently vacated, discontinued
and closed, pursuant to Virginia Code Section 15.1-364 and Section
30-14, Code of the City of Roanoke (1979), as amended. This
portion of 22nd Street and the alley are particularly described on
the tax map attached and as follows:
That portion of 22nd Street Extending
Patterson Avenue S.W. in a northerly direction to the
point that 22nd Street was closed May 15, 1953 by
from
Ordinance Number 11803 and that alley extending in an
east/west direction between 22nd Street and 23rd Street
in the Middle of Block 54, West End and Riverview Map,
in the City of Roanoke, Virginia.
Martin Brothers Contractor's Inc., states that the grounds
for this application are as follows:
1). The street and the alley are presently paper streets and
alleys not used in any fashion. The Petitioner intends to use
that portion of 22nd Street which would be deeded to him as well
as the alley in conjunction with his operations on Tax Maps
1312411 through 1312416.
The list of adjacent property owners are attached hereto as
Exhibit "1".
WHEREFORE, Martin Brothers Contractor's Inc., respectfully
requests that the above described portion of 22nd Street and the
above described alley be vacated by the Council of the City of
Roanoke, Virginia, in accordance with the Virginia Code Section
15.1-364 and Section 3014, Code of the City of Roanoke (1979), as
amended.
Respectfully submitted,
BRO RS CO CTOR' S,
ITS~
Date
Edward A. Natt, Esq.
Counsel for Petitioner
OSTERHOUDT, FERGUSON, NATT,
AHERON & AGEE, P.C.
1919 Electric Road, S.W., Suite
Roanoke, Virginia 24018
VBC #16583
Robert W. Thurman
Roanoke, VA 24016
Robert W. Thurman
Martin Bros.
Inc.
Martin Bros.
Inc.
Martin Bros.
Inc.
Construction,
Construction,
Construction,
Martin Bros. Construction
Inc.
Martin Bros. Construction
Inc.
Martin Bros. Construction
Inc.
Leo T. Barber
Eutaw L. Bowling
Ralph Smith, Inc.
Ralph Smith, Inc.
Ann L. Taylor
George R. Martin,
Jr.
EXHIBIT "1"
PROPERTY OWNERS
Address
2231 Patterson Avenue,
Tax
SW
1312409
P.O. Box 533
Roanoke, VA 24003 1312412
P.O. Box 533
Roanoke, VA 24003 1312413
P.O. Box 533
Roanoke, VA 24003 1312414
P.O. Box 533
Roanoke, VA 24003 1312415
P.O. Box 533
Roanoke, VA 24003 1312416
P.O. Box 4307
Roanoke, VA 24015 1312320
2315 Patterson Avenue SW
Roanoke, VA 24016 1311601
2141 Patterson Avenue SW
Roanoke, VA 24016 1311701
2141 Patterson Avenue SW
Roanoke, VA 24016 1312501
2236 Patterson Avenue SW
Roanoke, VA 24016 1313105
P.O. Box 533
Roanoke, VA 24003 1313106
P.O. Box 533
Roanoke, VA 24003 1312411
2231 Patterson Avenue, SW
Roanoke, VA 24016 1312410
George R. Martin, Jr.
George R. Martin, Jr.
George R. Martin, Jr.
Johns, R. Transfer, Inc.
Johns, Phil Orb. Exec.
Rosalie B. Johns
Johns, R. Transfer, Inc.
Roanoke, VA 24016
Johns, R. Transfer, Inc.
Roanoke, VA 24016
P.O. Box 533
Roanoke, VA 24003
P.O. Box 533
Roanoke, VA 24003
P.O. Box 533
Roanoke, VA 24003
2206 Patterson Avenue SW
Roanoke, VA 24016
2206 Patterson Avenue SW
Roanoke, VA 24016
2206 Patterson Avenue SW
Roanoke, VA 24016
2206 Patterson Avenue SW
2206 Patterson Avenue SW
1313107
1313108
1313111
1313113
1313144
1313115
1313116
1313117
EXHIBIT "l"
I -.' .!
I
I' !
1.. t'
I
t
TAX ~IAP SHOWING SUBJECT PROPER~Y
EXHIBIT C
T w __
]VI_AP B
TI-IP_, ROANOK TIIH -q
Ad Number: 40434093
Publisher's Fee: $137.60
Osterhoudt Ferguson Natt
Attn: Mike Aheron
P.O. Box 20068
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:
04/04/97 FULL RUN - Friday
04/1 1/97 FULL RUN - Friday
b~ In t~ Mu~ Bllik~
Witness, this 21st day of April, 1997.
Authorized Signature
NOTICE OF PUBLIC HEARING
TO WHOM IT MAY CONCERN:
The Council of the City of Roanoke will hold a Public Hearing
on Monday, April 21, 1997, at 7:00 p.m., or as soon thereafter as
the matter may be heard, in the Council Chamber in the Municipal
Building, 215 Church Avenue, S.W., on an application to permanently
abandon, vacate, discontinue and close, to the extent the City has
any legal interest in said public right-of-way, the following
public right-of-way:
That portion of 22nd Street extending from Patterson
Avenue, S.W., in a northerly direction to the point that
22nd Street was closed May 15, 1953, by Ordinance Number
11803 and for that alley extending in an east/west
direction between 22nd Street and 23rd Street in the
middle of Block 54, West End and Riverview Map.
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 ?nd day of ~pr!] , 1997.
Mary F. Parker, City Clerk.
Publish in the Roanoke Tribune. once on Thursday, April 17, 1997.
Send publisher's affidavit to:
Send bill to:
Mary F. Parker, City Clerk
Room 456, Municipal Building
215 Church Avenue, S. W.
Roanoke, Virginia 24011-1536
Edward A. Naif, Attorney
Osterhoudt, Ferguson, Natt, Aheron
and Agee
P. O. Box 20068
Roanoke, Virginia 24018-0007
Publish in the Roanoke Times, once on Friday, April 4, 1997, and once on Friday, April 11,
1997.
Send publisher's affidavit to:
Send bill to:
Mary F. Parker, City Clerk
Room 456, Municipal Building
215 Church Avenue, S. W.
Roanoke, Virginia 24011-1536
Edward A. Natt, Attorney
Osterhoudt, Ferguson, Natt, Aheron
and Agee
P. O. Box 20068
Roanoke, Virginia 24018-0007
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) 853-2541
Fax: (540) 853-1145
April 14, 1997
File #514
SANDRA H. EAKIN
Deputy Git> Clerk
Edward A. Natt, Attorney
Osterhoudt, Ferguson, Naif,
Aheron & Agee, P.C.
1919 Electric Road, S. W.
Roanoke, Virginia 24014
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,
April 21, 1997, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the
request of Martin Brothers Construction, Inc., that a portion of 22nd Street, S. W.,
extending from Patterson Avenue in a northerly direction to the point that 22nd Street
was closed, pursuant to Ordinance No. 11803 adopted by the Council of the City of
Roanoke on May 15, 1953; and a certain alley extending in an east/west direction
between 22nd and 23rd Streets, S. W., located in the middle of Block 54, Map of
West End and Riverview, be vacated, discontinued and closed.
For your information, I am enclosing copy of a notice of the public hearing, an Ordinance
and a report of the City Planning Commission with regard to the matter. Please review the
documents and if you have questions, you may contact Steven J. Talevi, Assistant City
Attorney, at 853-2431. Questions with regard to the Planning Commission report should
be directed to John R. Marlles, Chief of Planning and Community Development, at
853-2344.
Edward A. Natt, Attorney
Osterhoudt, Ferguson, Natt,
Aheron & Agee, P.C.
April 14, 1997
Page 2
It will be necessary for you, or your representative, to be present at the April 21
public hearing. Failure to appear could result in a deferral of the matter until a later
date.
MFP:sm
Enc.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
April 14, 1997
File #51
SANDRA H. EAKIN
)eputy Cir~ Clerk
Edward A. Natt, Attorney
Osterhoudt, Ferguson, Natt,
Aheron & Agee, P.C.
1919 Electric Road, S. W.
Roanoke, Virginia 24014
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,
April 21, 1997, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the
request of Martin Brothers Construction, Inc., that a portion of 22nd Street, S. W.,
extending from Patterson Avenue in a northerly direction to the point that 22nd Street was
closed, pursuant to Ordinance No. 11803 adopted by the Council of the City of Roanoke
on May 15, 1953; and a certain alley extending in an east/west direction between 22nd
and 23rd Streets, S. W., located in the middle of Block 54, Map of West End and
Riverview, be vacated, discontinued and closed.
The City Planning Commission, by report dated April 21, 1997, has recommended
approval of the request, subject to the following conditions:
A. The applicant shall submit to the City for review and approval, and
recordation in the Office of the Roanoke City Circuit Court, a subdivision
plat, ~id plat providing for the following:
1. Combining all properties which would otherwise be
landlocked by the requested closure, or otherwise
disposing of the land within the right-of-way to be
vacated in a manner consistent with law.
The retention of appropriate easements, together with
the right of public passage over same, for surface and
subsurface installation and maintenance of any and all
existing utilities that may be located within the right-of-
way.
Edward A. Naif, Attorney
Osterhoudt, Ferguson, Naif,
Aheron & Agee, P.C.
April 14, 1997
Page 2
If the above conditions have not been met within a period of 12 months from
the date of adoption of the ordinance providing for the closure of the subject
right-of-way, said ordinance shall be null and void with no further action by
City Council being necessary.
If you have questions with regard to the matter, please contact John R. Marlles, Chief of
Planning and Community Development, at 853-2344.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:sm
pc;
Mr. Robert W. Thurrnan, 1112 Tipton Avenue, S. E., Roanoke, Virginia 24014
Ralph Smith, Inc., 2141 Patterson Avenue, S. W., Roanoke, Virginia 24016
Mr. George R. Martin, Jr., P. O. Box 533, Roanoke, Virginia 24003
Phil Orb. Johns Exec., 2206 Patterson Avenue, S. W., Roanoke, Virginia 24016
R. Johns Transfer, Inc., 2206 Patterson Avenue, S. W., Roanoke, Virginia 24016
Ms. Rosalie B. Johns, 2206 Patterson Avenue, S. W., Roanoke, Virginia 24016
Ms. Ann L. Taylor, 2236 Patterson Avenue, S. W., Roanoke, Virginia 24016
Mr. Eutaw L. Bowling, 2315 Patterson Avenue, S. W., Roanoke, Virginia 24016
Mr. Leo T. Barber, P. O. Box 4307, Roanoke, Virginia 24015
NOTICE OF PUBLIC HEARING BEFORE THE ROANOKE CITY PLANNING COM/vl/SSION
TO WHOM IT MAY CONCERN:
The Roanoke City Planning Commission will hold a public heating on Wednesday, March 5, 1997,
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 Martin Brothers Contractor's Inc., represented by Edward A. Natt, attorney, that a
22nd Street, S.W., running in a northerly direction from Patterson Avenue, S.W., to that portion of
22nd Street currently closed and that an alley extending in an east/west direction between said
section of 22nd Street to 23rd Street, S.W., block 54, West End and Riverview map be permanently
vacated, discontinued and closed.
A copy of said application is available for review in the Department of Planning and Community
Development, Room 162, Municipal Building.
All parties in interest and citizens may appear on the above date and be heard on the matter.
Martha P. Franklin, Secretary
Roanoke City Planning Commission
Please print in newspaper on Tuesday, February 18, 1997 and February 25, 1997
Please bill:
Edward A. Natt, Attorney
Osterhoudt, Ferguson, Natt, Aheron & Agee
1919 Electric Road, SW
Roanoke, VA 24018
Please send affidavit of publication to:
Department of Planning and Community Development
Room 162, Municipal Building
215 Church Avenue, S.W.
Roanoke, VA 24011
TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA
PERTAINING TO THE STREET AI~ ALLEY CLOSUREREQUEST OF:
Martin Brothers Construction to close pt. 22nd Street, S.W., )AFFIDAVIT
and alley extending from 22nd to 23rd, S.W. )
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, Codeof
Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has
sent by first-class mail on the 24th day of February, 1997, notices of a public hearing to be held on
the 5th day of March, 1997, on the closures captioned above to the owner or agent of the parcels
listed below at their last known address:
Parcel
1312410
1312409
1311701
1312501
Owner's Name
Robert W.Thurman
Ralph Smith, Inc.
Mailing Address
1112 Tipton Avenue, SE
Roanoke, VA 24014
2141 Patterson Avenue, SW
Roanoke, VA 24016
Martha Pace Franklin
SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia,
this 24th day of February, 1997
Notary Public / '
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S,W,, Room 456
Roanoke, Virginia 2401 I- 1536
Telephone: t540) 853-2541
Fax: (540) 853-1145
SANDRA H. EAKIN
Deputy City Clerk
March 5, 1997
File #514
John R. Marlles, Agent
City Planning Commission
Roanoke, Virginia
Dear Mr. Marlles:
Pursuant to Section 30-14, Procedure for altering or vacating City streets or alleys;
fees therefor, of the Code of the City of Roanoke (1979), as amended, I am attaching
copy of an application from Edward A. Natt, Attorney, representing Martin Brothers
Contractors, Inc., requesting that a portion of 22nd Street, S. W., extending from
Patterson Avenue in a northerly direction to the point that 22nd Street was closed,
pursuant to Ordinance No. 1803; and a certain alley extending in an east/west
direction between 22nd and 23rd Streets, S. W., located in the middle of Block 54,
Map of West End and Riverview, be vacated, discontinued and closed.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:sm
Enc.
John R. Marlles, Agent
City Planning Commission
March 5, 1997
Page 2
pc~
The Honorable Mayor and Members of the Roanoke City Council
Edward A. Naif, Attorney, Osterhoudt, Ferguson, Naif, Aheron and Agee,
P.C., 1919 Electric Road, S. W., Suite One, Roanoke, Virginia 24018
Martha P. Franklin, Secretary, City Planning Commission
Ronald H. Miller, Building Commissioner
Steven J. Talevi, Assistant City Attorney
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
IN RE:
APPLICATION OF MARTIN BROTHERS
CONTRACTORS, INC., FOR VACATION OF
THAT PORTION OF 22ND STREET
EXTENDING FROM PATTERSON AVENUE S.W.
A NORTHERLY DIRECTION TO THE POINT
THAT 22ND STREET WAS CLOSED
MAY 15, 1953 BY ORDINANCE NLrMBER
1803 AND FOR THAT ALLEY EXTENDING
IN AN EAST/WEST DIRECTION BETWEEN
22ND STREET AND 23RD STREET IN THE
MIDDLE OF BLOCK 54 WEST END AND
RIVERVIEW MAP
APPLICATION OF MARTIN BROTHERS CONTRACTORS, INC., FOR VACATION
OF THAT PORTION OF 22ND STREET EXTENDING FROM PATTERSON AVENUE
S.W. IN A NORTHERLY DIRECTION TO THE POINT THAT 22ND STREET WAS
CLOSED MAY 15, 1953 BY ORDINANCE NUMBER 11803 AND FOR THAT ALLEY
EXTENDING IN AN EAST/WEST DIRECTION BETWEEN 22ND STREET AND 23RD
STREET IN THE MIDDLE OF BLOCK 54, WEST END AND RIVERVIEW MAP.
Martin Brothers Contractor's Inc., by counsel, applies to
have that portion of 22nd Street Extending from Patterson Avenue
S.W. in a northerly direction to the point that 22nd Street was
closed May 15, 1953 by Ordinance Number 11803 and for that alley
extending in an east/west direction between 22nd Street and 23rd
Street in the Middle of Block 54, West End and Riverview Map, in
the City of Roanoke, Virginia, permanently vacated, discontinued
and closed, pursuant to Virginia Code Section 15.1-364 and Section
30-14, Code of the City of Roanoke (1979), as amended. This
portion of 22nd Street and the alley are particularly described on
the tax map attached and as follows:
That portion of 22nd Street Extending from
Patterson Avenue S.W. in a northerly direction to the
point that 22nd Street was closed May 15, 1953 by
Ordinance Number 11803 and that alley extending in an
east/west direction between 22nd Street and 23rd Street
in the Middle of Block 54, West End and Riverview Map,
in the City of Roanoke, Virginia.
Martin Brothers Contractor's Inc., states that the grounds
for this application are as follows:
1). The street and the alley are presently paper streets and
alleys not used in any fashion. The Petitioner intends to use
that portion of 22nd Street which would be deeded to him as well
as the alley in conjunction with his operations on Tax Maps
1312411 through 1312416.
The list of adjacent property owners are attached hereto as
Exhibit "1".
WHEREFORE, Martin Brothers Contractor's Inc., respectfully
requests that the above described portion of 22nd Street and the
above described alley be vacated by the Council of the City of
Roanoke, Virginia, in accordance with the Virginia Code Section
15.1-364 and Section 3014, Code of the City of Roanoke (1979), as
amended.
Respectfully submitted,
MARTIN BROTHERS CONTRACTOR'S INC.
By , .
ITS~ ~,
~/~
Date
Edward A. Natt, Esq.
Counsel for Petitioner
OSTERHOUDT, FERGUSON, NATT,
AHERON & AGEE, P.C.
1919 Electric Road, S.W., Suite 1
Roanoke, Virginia 24018
VBC ~16583
Name
Robert W. Thurman
Roanoke, VA 24016
Robert W. Thurman
Martin Bros.
Inc.
Martin Bros.
Inc.
Martin Bros.
Inc.
Martin Bros.
Inc.
EXHIBIT "1"
PROPERTY OWNERS
Address Tax Numbers
2231 Patterson Avenue, SW
1312409
2231 Patterson Avenue, SW
Roanoke, VA 24016 1312410
Construction,
Construction,
Construction,
Construction,
Martin Bros. Construction,
Inc.
Martin Bros. Construction,
Inc.
Leo T. Barber
Eutaw L. Bowling
Ralph Smith, Inc.
Ralph Smith, Inc.
Ann L. Taylor
George R. Martin, Jr.
P.O. Box 533
Roanoke, VA 24003 1312411
P.O. Box 533
Roanoke, VA 24003 1312412
P.O. Box 533
Roanoke, VA 24003 1312413
P.O. Box 533
Roanoke, VA 24003 1312414
P.O. Box 533
Roanoke, VA 24003 1312415
P.O. Box 533
Roanoke, VA 24003 1312416
P.O. Box 4307
Roanoke, VA 24015 1312320
2315 Patterson Avenue SW
Roanoke, VA 24016 1311601
2141 Patterson Avenue SW
Roanoke, VA 24016 1311701
2141 Patterson Avenue SW
Roanoke, VA 24016 1312501
2236 Patterson Avenue SW
Roanoke, VA 24016 1313105
P.O. Box 533
Roanoke, VA 24003 1313106
George R. Martin, Jr.
George R. Martin, Jr.
George R. Martin, Jr.
Johns, R. Transfer, Inc.
Johns, Phil Orb. Exec.
Rosalie B. Johns
Johns, R. Transfer, Inc.
Roanoke, VA 24016
Johns, R. Transfer, Inc.
Roanoke, VA 24016
P.O. Box 533
Roanoke, VA 24003
P.O. Box 533
Roanoke, VA 24003
P.O. Box 533
Roanoke, VA 24003
2206 Patterson Avenue SW
Roanoke, VA 24016
2206 Patterson Avenue SW
Roanoke, VA 24016
2206 Patterson Avenue SW
Roanoke, VA 24016
2206 Patterson Avenue SW
2206 Patterson Avenue SW
1313107
1313108
1313111
1313113
1313144
1313115
1313116
1313117
EXHIBIT "1"
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MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue~ S.W., Room 456
Roanoke, Virginia 2401 I-I 536
Telephone: (540) 853-2541
Fax: (540) 853-1145
May 7, 1997
File f~51
SANDRA H. EAKIN
Deputy City Clerk
Edward A. Naif, Attorney
Osterhoudt, Ferguson, Naif,
Aheron & Agee, P.C.
1919 Electric Road, S. W.
Roanoke, Virginia 24014
Dear Mr. Naif:
I am enclosing copy of Ordinance No. 33354-050597 rezoning a tract of land located on
the north side of Patterson Avenue, between 22nd and 23rd Streets, S. W., described as
Official Tax Nos. 1312411 - 1312416, inclusive, from HM, Heavy Manufacturing District,
to LM, Light Manufacturing District. The abovereferanced measure was adopted by the
Council of the City of Roanoke on first reading on Monday, April 21, 1997, also adopted
by the Council on second reading on Monday, May 5, 1997, 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.
Edward A. Natt, Attorney
Osterhoudt, Ferguson, Natt,
Aheron & Agee, P.C.
May 7, 1997
Page 2
pc:
Mr. Robert W. Thurman, 1112 Tipton Avenue, S. E., Roanoke, Virginia 24014
Ralph Smith, Inc., 2141 Patterson Avenue, S. W., Roanoke, Virginia 24016
Mr. George R. Martin, Jr., P. O. Box 533, Roanoke, Virginia 24003
Phil Orb. Johns Exec., 2206 Patterson Avenue, S. W., Roanoke, Virginia 24016
R. Johns Transfer, Inc., 2206 Patterson Avenue, S. W., Roanoke, Virginia 24016
Ms. Rosalie B. Johns, 2206 Patterson Avenue, S. W., Roanoke, Virginia 24016
Ms. Ann L. Taylor, 2236 Patterson Avenue, S. W., Roanoke, Virginia 24016
Mr. Eutaw L. Bowling, 2315 Patterson Avenue, S. W., Roanoke, Virginia 24016
Mr. Leo T. Barber, P. O. Box 4307, Roanoke, Virginia 24015
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
Nancy J. Brown, 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/enclosure
John R. Marlles, Agent, City Planning Commission, w/enclosura
Evelyn D. Dorsey, Zoning Administrator, w/enclosura
Martha P. Franklin, Secretary, City Planning Commission
H:'tAGENDA.~aAY.S
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 5th day of May, 1997.
No. 33354-050597.
AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke
(1979), as amended, and Sheet No. 131, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City.
WHEREAS, Martin Brothers Construction, 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 LM, Light Manufacturing 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 April 21, 1997, 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 ~36.1-3, Code of the City of Roanoke (1979), as
amended, and Sheet No. 131 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 the northerly side of
Patterson Avenue, S.W., between 22nd and 23rd Streets, S.W., and
designated on Sheet No. 131 of the Sectional 1976 Zone Map, City of
Roanoke, as Official Tax Nos. 1312411, 1312412, 1312413, 1312414,
1312415, and 1312416, be, and is hereby rezoned from HM-Heavy
Manufacturing District, to LM, Light Manufacturing District,
pursuant to the Petition filed in the Office of the City Clerk on
February 6, 1997, subject to any changes required by the City
during site plan review,
changed in this respect.
and that Sheet No. 131 of the Zone Map be
ATTEST:
City Clerk.
Roanoke City Planning Commission
April 21, 1997
Honorable Mayor David A. Bowers
and Members of City Council
Roanoke, Virginia
Dear Members of Council:
Subject:
Request from Martin Brothers Construction, Inc. represented by Edward A.
Natt to rezone property designated as Official City Tax Numbers 1312411,
1312412, 1312413, 1312414, 1312415 and 1312416 located on the northerly
side of Patterson Avenue, S. W. from HM, Heavy Manufacturing, to LM,
Light Manufacturing District.
I. Current Situation:
Petitioner o~erates a construction corm>any and 0ffices from above properties that are
zoned HM. Martin Brothers Construction desires to renovate the property and
expand its operations. Because HM zoning does not permit the use, it is considered
non-conforming and the business cannot expand.
Prior to 1987. the HM district permitted all LM uses as well as more intensive
industrial uses. When the zoning ordinance was rewritten in 1987, the industrial
categories were modified and uses limited to protect valuable industrial land.
However, city zoning maps for LM and HM areas were not modified to reflect
existing and desired future land use.
Reouest for rezonin~ to LM will make Martin Brothers Construction a COnforming
use and allow it to operate and expand as a general service establishment.
In July. 1996. a nearby property at 1315 Patterson Avenue, S. W., City Tax Numbers
1311601 and 1312318. was rezoned from HM to LM for the purposes of resolving a
non-conforming office, service and warehouse use and permitting the rental of
construction equipment. It was acknowledged by the Planning staffand Commission
that additional changes in the HM zoning were needed for surrounding properties to
bring them into compliance.
Plarmine Commission public hearing, was held on 3/5/97. There was no opposition to
the proposed rezoning. Planning Commission voted 4-0 to recommend approval of
the rezoning request (Mrs. Coles and Messrs. Chrisman, Hill, and Butler voting in
Room 162 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (540) 8!53-2344
Members of Council
Page 2
II. Issues:
A.
B.
favor of the motion; Mrs. Duerk and Mr. Manetta were absent).
Zoning of the properties is HM. Surrounding zoning is also HM.
Land use of the properties is presently light industrial for warehousing, service and an
office. Surrounding uses include construction contractors' offices, beverage
distributor, sign company, car repair and some residential. With the exception of small
lot car repair, all of these are provided for in the LM district.
Industrial land along Patterson Avenue is targeted as an Urban Enterprise Zone.
Redevelopment and investment for quality industry is desired.
There is no established neighborhood organization for this area.
Comprehensive Plan recommends that:
III. Alternatives:
A.
Industrial growth and development should be encouraged through public and
private actions to ensure a strong and diversified economic base and
employment opportunities for all of Roanoke's citizens.
Development of new or existing industrial areas should be carefully planned
and designed to promote quality development and good land use.
City Council approve the rezoning request
Zoning becomes LM. Zoning is consistent with existing land use and other
uses in the area.
Land use continues to be a light manufacturing use Expansion of the business
can occur.
Industrial land is promoted for light manufacturing uses.
Neighborhood not affected.
Comprehensive Plan is followed
City Council deny the rezoning request
1. Zoning remains HM.
Industrial growth encouraged.
Members of Council
Page 3
Land use remains non-conforming. Expansion of the business cannot occur.
Any new uses of building are restricted to those permitted in HM district.
Existing use can continue unless discontinued for two years.
3. Industrial land is promoted for heavy industry.
4. Neighborhood not affected.
Comprehensive Plan could be followed. Area would be targeted only for
Heavy Manufacturing uses.
IV. Recommendation:
The Planning Commission recommended by a vote of 4-0 that City Council approve the
rezoning request. The subject properties, as well as surrounding properties, are primarily light
manufacturing uses. A change in zoning to LM will benefit the industrial value of the
properties and enhance development within the area. Additional zoning changes for this area
are still to be considered in the future.
Respectfully submitted,
Gilbert E. Butler, Acting Chairman
Roanoke City Planning Commission
GEB :ESL:mpf
attachments
cc: City Attorney
Attorney for the Petitioner
pETITION TO REZON~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
IN REs
Request of Martin Brothers Construction, Inc., to rezone
property identified as Official Tax Nos. 1312411,
1312412, 1312413, 1312414, 1312415 and 1312416, located
on the northerly side of Patterson Avenue, SW between
22nd and 23rd Streets.
TO THE HONOP~%BLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF
ROANOKE~
The Petitioner, Martin Brothers Construction, Inc., owns land
located on the northerly side of Patterson Avenue, SW between 22nd
and 23rd Streets, identified as Official Tax Numbers 1312411,
1312412, 1312413, 1312414, 1312415 and 1312416, currently zoned HM
Heavy Manufacturing District. A map of
rezoned is attached as E~hibit "1".
Pursuant to Section 36.1-690, Code of
(1979), as amended, the Petitioner requests
identified as Official Tax numbers 1312411,
1312414, 1312415 and 1312416 be rezoned
the property to be
the City of Roanoke
that the property
1312412, 1312413,
from HM Heavy
Ordinance
of
further the intent and purposes of the City's Zoning
and its comprehensive plan, in that it will bring the
Manufacturing District to LM Light Manufacturing District, for the
purpose of establishing bringing the actual use into conformity
with the zoning ordinance and to allow for renovation of the
facilities in accordance with the zoning ordinance, said property
being described as follows:
Lots 9, 10, 11, 12, 13 and 14, Block 54, West end and
Riverview map, plat of which is of record in the Clerk's
Office of the Circuit Court of the City of Roanoke.
The Petitioner believes the rezoning of the said tract
land will
uses presently existing on the property in conformity with the
provisions of the zoning ordinance and allow the renovation and
expansion of said uses or similar Uses on the property.
Attached as Exhibit "2" are the names, addresses and tax
numbers of the owner or owners of all lots or property immediately
adjacent to immediately across a Street or road from the property
to be rezoned.
W~X~REFO~, 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 ~, 1997.
RESPECTFULLY SUBMITTED,
Of Counsel ~ ~
of
EXHIBIT "1'
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TAX HAP SHOWING SUBJECT PROPER~
EXHIBIT C
Name
Robert W. Thurman
Roanoke, VA 24016
Robert W. Thurman
Martin Bros.
Inc.
Martin Bros.
Inc.
Martin Bros.
Inc.
Martin Bros.
Inc.
Martin Bros.
Inc.
Martin Bros.
Inc.
Leo T. Barber
Eutaw L. Bowling
Ralph Smith, Inc.
Construction
Construction
Construction
Construction
Construction
Construction
Ralph Smith, Inc.
Ann L. Taylor
George R. Martin,
Jr.
EXHIBIT "2"
PROPERTY OWNERS
Address
2231 Patterson Avenue,
Tax .%kx~ers
SW
1312409
2231 Patterson Avenue, SW
Roanoke VA 24016
P.O. Box 533
Roanoke VA 24003
P.O. Box 533
Roanoke VA 24003
P.O. Box 533
Roanoke VA 24003
P.O. Box 533
Roanoke VA 24003
P.O. Box 533
Roanoke VA 24003
P.O. Box 533
Roanoke VA 24003
P.O. Box 4307
Roanoke, VA 24015
2315 Patterson Avenue SW
Roanoke, VA 24016
2141 Patterson Avenue SW
Roanoke, VA 24016
2141 Patterson Avenue SW
Roanoke, VA 24016
2236 Patterson Avenue SW
Roanoke, VA 24016
P.O. Box 533
Roanoke, VA 24003
George R. Martin, Jr.
George R. Martin, Jr.
George R. Martin, Jr.
Johns, R. Transfer, Inc.
Johns, Phil Orb. Exec.
Rosalie B. Johns
Johns, R. Transfer, Inc.
Roanoke, VA 24016
Johns, R. Transfer, Inc.
Roanoke, VA 24016
P.O. Box 533
Roanoke, VA 24003
P.O. Box 533
Roanoke, VA 24003
P.O. Box 533
Roanoke, VA 24003
2206 Patterson Avenue SW
Roanoke, VA 24016
2206 Patterson Avenue SW
Roanoke, VA 24016
2206 Patterson Avenue SW
Roanoke, VA 24016
2206 Patterson Avenue SW
2206 Patterson Avenue SW
1313107
1313108
1313111
1313113
1313144
1313115
1313116
1313117
01-~-i~'? 11:$?¢~1 ~$ ~JRT~S ?~ ~42 2060 P.02
TOT¢¢,- P, 82
MARY F. PARKER, CMC~AAE
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue. S,W,. Room 456
Roanoke. Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (5-40) 853-114.5
SANDRA H. EAKIN
Dcpuly Cily Clerk
February 10, 1997
File $51
John R. Marlle$, Agent
City Planning Commission
Roanoke, Virginia
Dear Mr. Marries:
Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am
attaching copy of a petition from Edward A. Naif, Affomey, representing Martin Brothers
Construction, Inc., requesting that a tract of land located on the north side of Patterson Avenue,
between 22nd and 23rd Streets, $. W., described as Official Tax Nos. 1312411 - 1312416, inclusive,
be rezoned from HM, Heavy Manufacturing District, to LM, Light Manufacturing District.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:sm
En~
The Honorable Mayor and Members of the Roanoke City Council
Edward A. Naif, Attorney, Ostenhoudt, Ferguson, Naif, Aheron & Agee,
~a19 Electric Road, 8. W., Roanoke, Virginia 24018
rtha P. Franklin, Secretary, City Planning Commission
Evelyn D. Dorsey, Zoning Administrator
Ronald H. Miller, Building Commissioner
Stevan J. Talevi, Assistant City Affomey
NOTICE OF PUBLIC HEARING BEFORE THE ROANOKE CITY PLANNING COMMISSION
TO WHOM IT MAY CONCERN:
The Roanoke City Plannin8 Commission will hold a public heating on Wednesday, March 5, 1997,
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 Martin Brothers Construction, Inc., represented by Edward A. Natt, attorney, that
property located on the northerly side of Patterson Avenue, S.W., between 23rd and 22nd Streets,
S.W., bearing Official Tax Numbers 1312411 through 1312416, inclusive, be rezoned from HM,
Heavy Manufacturing District, to LM, Light Manufacturing 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, SecretaD'
Roanoke City Planning Commission
Please print in newspaper on Tuesday, February 18, 1997 and February 25, 1997
Please bill:
Edward A. Natt, Attorney
Osterhoudt, Ferguson, Natt, Aheron & Agee
1919 Electric Road, SW
Roanoke, VA 24018
Please send affidavit of publication to:
Department of Planning and Community Development
Room 162, Municipal Building
215 Church Avenue,
Roanoke, VA 24011
TI41 ROANOKI Tll ...q
Ad Number: 40434329
Publisher's Fee: $124.80
Osterhoudt Ferguson Natt
Attn: Mike Aheron
P.O. Box 20068
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:
04/04/97
FULL RUN - Friday
04/1 1/97
FULL RUN - Friday
Witness, this 21st day of April, 1997.
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, April 21,
1997, 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 LM, Light Manufacturing
District, the following property:
That certain tract of land located on the northerly side
of Patterson Avenue, S.W. between 22nd and 23rd Streets,
S.W., and bearing Official Tax Nos. 1312411, 1312412,
1312413, 1312414, 1312415, and 1312416.
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 2nd day of April , 1997.
Mary F. Parker, City Clerk.
Publish in the [~;aiiDJ~[J~z~, once on Thursday, April 17, 1997.
Send publisher's affidavit to:
Send bill to:
Mary F. Parker, City Clerk
Room 456, Municipal Building
215 Church Avenue, S. W.
Roanoke, Virginia 24011-1536
Edward A. Natt, Attorney
Osterhoudt, Ferguson, Natt, Aheron
and Agee
P. O. Box 20068
Roanoke, Virginia 24018-0007
Certification of Pub. lication
CoPY OF LEGAL
The ROANOKE TRIBUNE
Phone: (540) 343-0326
Claudia A. Whitworth, Editor/Publisher
Mailing Address: P.O. Box 6021- Roanoke, VA 24017
Business Address: 2318 Melrose Ave., N.W. -Roanoke, VA
This is to certify that the attached legal advertisement,
re~.~.~m:~ .. was published for ~ consective weeks in
The ROANOKE TRIB [JNE, a newspaper published in the City /
County of Roanoke, Slate of Virginia, and having a general
circulation in said City:County commmercing on the 1 7 day of
~,pri 1 ,1997 . and that the charge for same is $..-2._6.- ~d5
Given under my han,.i, this 72~a.y of
Publisher
Publish in the Roanoke Times. once on Friday, April 4, 1997, and once on Friday, April 11,
1997.
Send publishers affidavit to:
Send bill to:
Mary F. Parker, City Clerk
Room 456, Municipal Building
215 Church Avenue, S. W.
Roanoke, Virginia 24011-1536
Edward A. Natt, Attorney
Osterhoudt, Ferguson, Naif, Aheron
and Agee
P. O. Box 20068
Roanoke, Virginia 24018-0007
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) 853-2541
Fax: (540) 853-1145
April 14, 1997
File #51
SANDRA H. EAKIN
Deputy City Clerk
Edward A. Natt, Attorney
Osterhoudt, Ferguson, Natt,
Aheron & Agee, P.C.
1919 Electric Road, S. W.
Roanoke, Virginia 24014
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,
April 21, 1997, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the
request of Martin Brothers Construction, Inc., that a tract of land located on the north side
of Patterson Avenue, between 22nd and 23rd Streets, S. W., described as Official Tax
Nos. 1312411 - 1312416, inclusive, be rezoned from HM, Heavy Manufacturing District,
to LM, Light Manufacturing District.
The City Planning Commission, by report dated April 21, 1997, is recommending approval
of the request inasmuch as the subject properties, as well as surrounding properties, are
primarily light manufacturing uses; a change in zoning to LM will benefit the industrial
value of the properties and enhance development within the area; and additional zoning
changes for this area will be considered in the future.
If you have questions with regard to the request for rezoning, please contact John R.
Marlles, Chief of Pla,,nning and Community Development, at 853-2344.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:sm
Edward A. Naif, Attorney
Osterhoudt, Ferguson, Natt,
Aheron & Agee, P.C.
April 14, 1997
Page 2
pc:
Mr. Robert W. Thurman, 1112 Tipton Avenue, S. E., Roanoke, Virginia 24014
Ralph Smith, Inc., 2141 Patterson Avenue, S. W., Roanoke, Virginia 24016
Mr. George R. Martin, Jr., P. O. Box 533, Roanoke, Virginia 24003
Phil Orb. Johns Exec., 2206 Patterson Avenue, S. W., Roanoke, Virginia 24016
R. Johns Transfer, Inc., 2206 Patterson Avenue, S. W., Roanoke, Virginia 24016
Ms. Rosalie B. Johns, 2206 Patterson Avenue, S. W., Roanoke, Virginia 24016
Ms. Ann L. Taylor, 2236 Patterson Avenue, S. W., Roanoke, Virginia 24016
Mr. Eutaw L. Bowling, 2315 Patterson Avenue, S. W., Roanoke, Virginia 24016
Mr. Leo T. Barber, P. O. Box 4307, Roanoke, Virginia 24015
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF TIIE CITY CLERK
215 Church Avcnue~ S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-H45
SANDRA H. EAKIN
Depu y City Clerk
April 14, 1997
File #51
Edward A. NaR, Attorney
Osterhoudt, Ferguson, Naif,
Aheron & Agee, P.C.
1919 Electric Road, S. W.
Roanoke, Virginia 24014
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,
April 21, 1997, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the
request of Martin Brothers Construction, Inc., that a tract of land located on the north side
of Patterson Avenue, between 22nd and 23rd Streets, S. W., described as Official Tax
Nos. 1312411 - 1312416, inclusive, be rezoned from HM, Heavy Manufacturing District,
to LM, Light Manufacturing District.
For your information, I am enclosing copy of a notice of the public hearing, an Ordinance
and a report of the City Planning Commission with regard to the request for rezoning.
Please review the documents and if you have questions, you may contact Steven J. Talevi,
Assistant City Attorney, at 853-2431. Questions with regard to the Planning Commission
report should be directed to John R. Marlles, Chief of Planning and Community
Development, at 853-2344.
Edward A. Naif, Attorney
Osterhoudt, Ferguson, Natt,
Aheron & Agee, P.C.
April 14, 1997
Page 2
It will be necessary for you, or your representative, to be present at the April 21
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 REZONING REQUEST OF:
Martin Brothers Construction to rezone property on Patterson
Avenue bearing Official Tax No. 1312411 from HM to LM
)AFFIDAVIT
)
COMMONWEALTH OF VIRGINIA )
) TO-WIT:
CITY OF ROANOKE )
The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the
Roanoke City Planning Commission, and as such is competent to make this affidavit of her own
personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.1-341, 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 24th day of February, 1997, notices of a public hearing to be held on
the 5th day of March, 1997, on the rezoning captioned above to the owner or agent of the parcels
listed below at their last known address:
Parcel
1312410
1311701
1312501
1313197
1313111
1313114
1313113
1313116
1313115
Owner's Name
Robert W.Thurman
Ralph Smith, Inc.
George R. Martin, Jr.
Phil Orb. Johns Exec.
R. Johns Transfer, Inc.
Rosalie B. Johns
Mailing Address
1112 Tipton Avenue, SE
Roanoke, VA 24014
2141 Patterson Avenue, SW
Roanoke, VA 24016
P. O.Box 533
Roanoke, VA 24003
2206 Patterson Avenue, SW
Roanoke, VA 24016
2206 Patterson Avenue, SW
Roanoke, VA 24016
2206 Patterson Avenue, SW
Roanoke, VA 24016
Martha Pace Franklin
SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia,
this 24th day of February, 1997
Notary Public ' 6~
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) 853-2541
Fax: (540) 853-1145
SANDRA H. EAKIN
Deputy City Clerk
February 10, 1997
File #51
John R. Madles, Agent
City Planning Commission
Roanoke, Virginia
Dear Mr. Maflles:
Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am
attaching copy of a petition from Edward A. Naif, Aifomey, representing Martin Brothers
Construction, Inc., requesting that a tract of land located on the north side of Patterson Avenue,
between 22nd and 23rd Streets, S. W., described as Official Tax Nos. 1312411 - 1312416, inclusive,
be rezoned from HM, Heavy Manufacturing District, to LM, Light Manufacturing District.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:sm
Eric.
pc:
The Honorable Mayor and Members of the Roanoke City Council
Edward A. Naif, Attorney, Osterhoudt, Ferguson, Neff, Ahemn & Agee,
1919 Electric Road, $. W., Roanoke, Virginia 24018
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:
Request of Martin Brothers Construction, Inc., to rezone
property identified as Official Tax Nos. 1312411,
1312412, 1312413, 1312414, 1312415 and 1312416, located
on the northerly side of Patterson Avenue, SW between
22nd and 23rd Streets.
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF
ROANOKE:
The Petitioner, Martin Brothers Construction, Inc., owns land
located on the northerly side of Patterson Avenue, SW between 22nd
and 23rd Streets, identified as Official Tax Numbers 1312411,
1312412, 1312413, 1312414, 1312415 and 1312416, currently zoned HM
Heavy Manufacturing District. A map of the property to be
rezoned is attached as Exhibit "1". ,
Pursuant to Section 36.1-690, Code of the City of Roanoke
(1979), as amended, the Petitioner requests that the property
identified as Official Tax numbers 1312411, 1312412, 1312413,
1312414, 1312415 and 1312416 be rezoned from HM Heavy
Manufacturing District to LM Light Manufacturing District, for the
purpose of establishing bringing the actual use into conformity
with the zoning ordinance and to allow for renovation of the
facilities in accordance with the zoning ordinance, said property
being described as follows:
Lots 9, 10, 11, 12, 13 and 14, Block 54, West end and
Riverview map, plat of which is of record in the Clerk's
Office of the Circuit Court of the City of Roanoke.
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 bring the
uses presently existing on the property in conformity with the
provisions of the zoning ordinance and allow the renovation and
expansion of said uses or similar uses on the property.
Attached as Exhibit "2" are the names, addresses and tax
numbers of the owner or owners of all lots or property immediately
adjacent to immediately across a street or road from the property
to be rezoned.
WI~EREFORE, 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 ~.~e~-~A , 1997.
RESPECTFULLY SUBMITTED,
Of counsel
S~ig~ature of Owner
z: \wpSO\ t i sa\we [ [ s. Pet: l af02/05/97
I
I
I
EXHIBIT "1"
I ~o f ' '' '''
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-~.E. · . ,.....: ~ '. · ~,
CLO$EO
$o
TAX HAP SHOWING SUBJECT PROPER~Y
EXHIBIT C
Name
Robert W. Thurman
Roanoke, VA 24016
Robert W. Thurman
Martin Bros.
Inc
Martin Bros.
Inc
Martin Bros.
Inc
Martin Bros.
Inc
Martin Bros.
Inc
Martin Bros.
Inc
Leo T. Barber
Eutaw L. Bowling
Ralph Smith, Inc.
Ralph Smith, Inc.
Ann L. Taylor
George R. Martin,
Construction
Construction,
Construction,
Construction
Construction,
Construction
Jr.
EXHIBIT "2"
PROPERTY OWNERS
Address
2231 Patterson Avenue,
Tsx Numbers
SW
1312409
2231 Patterson Avenue, SW
Roanoke, VA 24016 1312410
P.O. Box 533
Roanoke, VA 24003 1312411
P.O. Box 533
Roanoke, VA 24003 1312412
P.O. Box 533
Roanoke, VA 24003 1312413
P.O. Box 533
Roanoke, VA 24003 1312414
P.O. Box 533
Roanoke, VA 24003 1312415
P.O. Box 533
Roanoke, VA 24003
P.O. Box 4307
Roanoke, VA 24015
2315 Patterson Avenue SW
Roanoke, VA 24016
2141 Patterson Avenue SW
Roanoke, VA 24016
2141 Patterson Avenue SW
Roanoke, VA 24016
2236 Patterson Avenue SW
Roanoke, VA 24016
P.O. Box 533
Roanoke, VA 24003
1312416
1312320
1311601
1311701
1312501
1313105
1313106
George R. Martin, Jr.
George R. Martin, Jr.
George R. Martin, Jr.
Johns, R. Transfer, Inc.
Johns, Phil Orb. Exec.
Rosalie B. Johns
Johns, R. Transfer, Inc.
Roanoke, VA 24016
Johns, R. Transfer, Inc.
Roanoke, VA 24016
P.O. Box 533
Roanoke VA 24003
P.O. Box 533
Roanoke VA 24003
P.O. Box 533
Roanoke VA 24003
2206 Patterson Avenue SW
Roanoke VA 24016
2206 Patterson Avenue SW
Roanoke VA 24016
2206 Patterson Avenue SW
Roanoke VA 24016
2206 Patterson Avenue SW
2206 Patterson Avenue SW
1313107
1313108
1313111
1313113
1313144
1313115
1313116
1313117
MARY E PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W.. Room 456
Roanoke, Virginia 240]1-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
SANDRA H. EAKIN
May 7, 1997
File #51
Edward A. Natt, Attorney
Osterhoudt, Ferguson, Naif,
Ahemn & Agee, P.C.
1919 Electric Road, S. W.
Roanoke, Virginia 24014
Dear Mr. Natt:
I am enclosing copy of Ordinance No. 33355-050597 amending the proffered conditions
for rezoning of a certain 13.81-acre tract of land located on the north end of Griffin Road,
S. W., adjacent to the east side of Franklin Road and U.S. Route 220, identified as Official
Tax No. 5480712, previously approved by the Council of the City of Roanoke, pursuant to
Ordinance No. 32867-040196 adopted on April 1, 1996. The abovereferenced measure
was adopted by the Council of the City of Roanoke on first reading on Monday, April 21,
1997, also adopted by the Council on second reading on Monday, May 5, 1997, 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. Natt, Attorney
Osterhoudt, Ferguson, Natt,
Aheron & Agee, P.C.
May 7, 1997
Page 2
pc;
Springvvood Associates, 3214 Electric Road, S. W., Suite 200, 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. Roy Meyers, 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
Mr. Branch Shivers, P. O. Box 8158, Roanoke, Virginia 24018
Mr. Clifford Shepherd, 3820 Bosworth Drive, S. W., Roanoke, Virginia 24014
Ms. Karan Terry, 4251 Joplin Road, S. W., Roanoke, Virginia 24014
Mr. David Brugh, 428 Darwin Road, S. W., Roanoke, Virginia 24014
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
Nancy J. Brown, 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/enclosure
John R. Marlles, Agent, City Planning Commission, w/enclosure
Evelyn D. Dorsey, Zoning Administrator, w/enclosure
Martha p. Franklin, Secretary, City Planning Commission
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 5th day of May, 1997.
No. 33355-050597.
AN ORDINANCE to amend SS36.1-3 and 36.1-4, Code of the City of
Roanoke (1979), as amended, and Sheet No. 548, Sectional 1976 Zone
Map, City of Roanoke, in order to amend certain conditions
presently binding upon certain property previously conditionally
zoned C-2, General Commercial District.
WHEREAS, Springwood Associates, LLC, filed an application to
the Council of the City of Roanoke to amend certain conditions
presently binding upon a tract of land located on the north end of
Griffin Road adjacent to the east side of Franklin Road, S.W., and
being further identified as Official Tax No. 5480712, which
property was previously conditionally rezoned by the adoption of
Ordinance No. 32867-040196, adopted April 1, 1996; 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 April 21, 1997, after due and timely
notice thereof as required by ~36.1-693, Code of the City of
Roanoke (1979), as amended, at which hearing all parties in
interest and citizens were given an opportunity to be heard, both
for and against the proposed amendment; and
WHEREAS, this Council, after considering the aforesaid
application, the recommendation made to the Council by the Planning
Commission, the City's Comprehensive Plan, and the matters
presented at the public hearing, is of the opinion that the
conditions now binding upon the above-described property should be
removed as requested and replaced by the proffers contained in the
Second Amended Petition to Amend Proffers filed in the City Clerk's
Office on April 17, 1997.
THEREFORE, BE IT ORDAINED by the Council of the City of
Roanoke that SS36.1-3 and 36.1-4, Code of the City of Roanoke
(1979), as amended, and Sheet No. 548 of the Sectional 1976 Zone
Map, City of Roanoke, be amended to reflect the changes in
proffered conditions as shown in the Second Amended Petition to
Change Proffered Conditions filed in the City Clerk's Office on
April 17, 1997, and as set forth in the report of the Planning
Commission dated April 21, 1997.
ATTEST:
City Clerk~
G
Roanoke City Planning Commission
April 21, 1997
The Honorable David A. Bowers, Mayor
and Members of City Council
Roanoke, Virginia
Dear Members of Council:
Subject:
Request fi~om Springwood Associates, LLC, represented by Edward A. Natt,
attorney, that conditions proffered under Ordinance No. 32867-040196
re. zoning the property located on the north end of Griffin Road adjacent to the
east side of Franklin Road, S.W., identified by Official Tax No. 5480712, be
amended.
I. Background:
Puroose of amended petition is to eliminate the need for a substantial amount of
grading to permit the retention of the majority of the existing trees and to provide a
better development plan.
Applicant orioinallv requested RPUD zoning as well as C-2 zoning to provide for a
combination of residential and commercial development. The original project
included the following development:
21 single family, detached residences
36 single family, attached condominiums in three, three-story buildings of 22
units each
One, one-story general commercial retail building of 12,000 s.fi and one,
one-story general commercial building of 20,990 s.f. with a 3,800 s.f.
mezzanine.
Several meetings were held as part of the original rezoning request, to discuss the
development plan. Generally, residents' issues included, among others:
The extent of commercial development along the Frontage Road, including
the types o£commercial uses that will be permitted and the proximity to and
effect upon existing residential properties.
The effect of the proposed development on traffic at the intersection of
Frontage Road and Route 220, and the potential for a future road connection
through the Edgehill neighborhood.
Room 162 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (540) 853-2344
Members of Council
Page 2
The construction phasing of the commercial component of the project and the
developer's commitment to actual construction of the residential component
of the project.
The design of the residential buildings, especially with regard to exterior
building materials and their compatibility with the existing residential
development in the Edgehill neighborhood.
Original petition to rezone was approved by Roanoke City Council on March 18,
1996.
Petition to amend proffered conditions was filed on March 21, 1997
F. First Amended petition to amend proffered conditions was filed on April 8, 1997.
~[ltl13Ifitt~[ll~I~ to amend proffered conditions was filed on April 17, 1997.
The new conditions reflect changes in the development plan and proffered language
relative to those changes. The following conditions were proffered:
The property will be developed in substantial conformity with the site plan
prepared by Shanks Associates, P.C., dated March 5, 1997, revised April 7,
1997, a copy of which is attached to this Petition, subject to any changes
required during development and review plan.
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 installed at the
commencement of construction of the project Said trees shall be planted and
thereafter maintained in the side yard area on the northerly side of the
property; said buffer to extend from the easterly end of the property of
William H. Franklin (Tax Map 1170807) and shall further be located along
the boundary of the property adjoining Official Tax No. 1171003.
3. The following uses shall be the only permitted uses in the C-2 District:
Non-profit counseling facilities and services.
Trade, business, and art schools of a non-industrial nature.
Churches, synagogues and other places of worship.
Library, museums, art galleries and other similar uses including
associated educational and instructional activities.
Community centers.
Post office.
Indoor recreational uses including bowling alleys, indoor tennis
courts, fitness centers and other similar uses.
Theaters with unlimited seating capacity.
Members of Council
Page 3
4
General and professional offices including financial and institutions.
Medical clinics.
Medical offices.
Funeral homes.
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.
Auto accessory sales without related installation on premises.
One 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.
Food stores not greater than 5,000 square feet.
That the uses permitted in the RPUD District shall be limited to the
following:
Single family detached dwellings
Multi-family dwellings
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 livable 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.
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 prior to the commencement of construction of any
commercial development on the south side of the road.
A building permit shall be issued for residential construction in the RPUD
area prior to the issuance of a building permit for the commercial
construction. This shall not preclude the issuance of a land disturbing and
street opening permit for site and related work for the commercial
Members of Council
Page 4
development, including installation of utilities and curb and gutter prior to
the commencement of the RPUD construction.
No dumpsters shall be located in any buffer zone identified on the proffered
site plan.
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 Edge}dH
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.
10.
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 vinyl siding
with all exteriors being constructed with all such materials extending to
grade.
11.
The HVAC units for the commercial buildings will not be located on the roof
of the commercial building.
F. Pronosed amended development plan includes the following development:
24 single family detached residences.
36 single family, attached condominium in three, three- story buildings of 12
units each.
One general commercial building of 24,790 gross s.f. and one general
commercial building of 12,000 gross s.f. The proposed amended
development plan also shows a revised location for the proposed private
access road.
Planning Commission public hearing on the amended petition was held on April 16,
1997. Mr. Ed Natt, representing the petitioners, advised the Commission of the
changes to the proffered development plan to minimize grading. He indicated that
he had coordinated changes with Mr. Eugene Elliott, attorney representing Wayne
Maddox and he felt all issues had been resolved. Mr. Natt stated that he was
amending condition 3(P) to say, "One restaurant with a gross floor area of 2,000
square feet or less; provided..."
Mr. Eugene Elliott addressed the Commission on behalf of Mr. Wayne Maddox,
adjoining property owner and advised that he concurred with the changes in the plan
and the petition. Ms. Karen Terry (4251 Joplin Roads, S.W.) asked if the proposed
grade would be elevated and Mr. Natt responded that there would be little change in
the existing elevation. There was no opposition to the revised rezoning request.
Members of Council
Page 5
II. Issues:
RPUD district is intended to encOUrage orderly development of large residential sites
and to encourage innovative development patterns.
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.
Greenspace and buffering of adjacent single family residential area was a concern
of residents, especially near the proposed commercial development. Petitioners have
provided a 35-foot buffer zone between the proposed commercial buildings and
adjacent residential property lines. The relocation of the proposed access road to
also increase the physical separation between the existing residential lots and the
proposed commercial development. 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 residential development would be from a single private street
that would intersect with the Frontage Road which accesses Route 220 and Franklin
Road. The commercial area would be served by a separate commercial entrance with
access to Southern Lane. The City Traffic Engineer, VDOT, and the petitioner's
traffic consultant reviewed the original 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 functioning 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 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 amended proffered plan aS
terminatin~ at the end of the pronerty. 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 r~sidential tracts
be developed in the Southern Hills area. appropriate and safe access must be
addressed by the developer, the city. and VDOT as part of the City's subdivision and
comorehensive development ~)lan review orocess. Based upon preliminary review
Members of Council
Page 6
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 management 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.
Water service to subject property may be difficult to provide due to the change in
topography. Two systems may be required.
Neighborhood organization for this area is Neighbors in South Roanoke The
general concerns of residents expressed during deliberations on the original rezoning
have been summarized in the preceding background section.
I. Comprehensive Plan recommends:
New housing and housim, 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 develooment 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.
III. Alternatives:
A. City Council approve 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.
Zonim, is changed to RPUD and C-2 with conditions which specify the
development of the property.
Members of Council
Page 7
3. 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. Greenspace and buffetin~ will be provided as per the proffered plan.
5. Traffic and access are not expected to adversely affect the Frontage
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.
6. 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.
9. Comprehensive Plan followed. Project can provide quality new housing and
commercial development.
City Council deny the rezoning request.
RPUD not an issue.
Zoning remains RS-3.
Land use unchanged. Property can still be developed for residential
purposes.
Green space and bulfeting is not an issue with respect to this development.
Access for any development could still be an issue.
Storm water management for any development would still be an issue.
Water service for any development would still be an issue.
Neighborhood not affected at this time. Development could still affect
neighborhood at a later date.
5.
6.
7.
8.
Members of Council
Page 8
Comnrehensive Plan still could be followed. Residential development could
still occur on the property.
IV. Recommendation:
Planning Commission, by a vote of 4-0 (Mrs. Coles and Mrs. Duerk absent), voted to
approve the 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-user manner to
encourage quality development along Route 220 and the adjacent neighborhoods.
The proposed commercial and residential development will be orovided as per the proffered
site develonment nlan and the 99n~lition~ of the rezoning. The amended 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, construction phasing of the residential and commercial
components, and general design of the residential buildings.
Respectfully submitted,
Gilbert E. Butler, Temporary Chairman
Roanoke City Planning Commission
attachment
cc: Assistant City Attorney
Zoning Administrator
Attorney for the Petitioner
VIRGINIA:
IN THE COUNCIL OF THE CITY OF ROANOKE
IN RE:
Second Amended Petition to change
proffered conditions for a tract
of land containing 13.81 acres
located on the north end of Griffin
RoadadJacent to the east side of
Franklin Road, SW
(Official Tax No. 5480712)
SECOND AMENDED
PETITION TO
CHANGE PROFFERED
CONDITIONS
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE
ROANOKE:
(1) By ordinance No. 32867-040196, adopted by this
il on April 1, 1996, the property which is the subject
CITY OF
Ccuncll
of th~s
Petition (identified as Official Tax No. 5480712) was rezoned from
RS-3, Single-Family Residential District, to C-2, General
Commercial District (3.0 acres, more or less) and RPUD Residential
Planned Unit Development (10.17 acres, more or less),
certain conditions proffered by the Petitioner,
Associates. A copy of said ordinance is attached
Exhibit "A".
subject -~
hereto as
(2) That the present owner of the property is Springwccd
Associates, LLC, a Virginia limited liability company; Springwocd
Associates having changed its form of entity from a partnership
a limited liability company.
(3) That subsequent to the adoption of said
Petitioner has concluded than a change in the size clan
desirable in order ~o eliminate ~he need for a subsnan:ial
of grading, to permit the reKention of the ma~cr:5l.' :f
existing trees, and to further provide a be:ter develcprenz
if the original proffered plan is followed, a szgn~flcanz
!of grading will be required and almost all the existing trees
be removed. Accordingly, the Petitioner wishes to amend
lipresent proffered conditions to permit the site develop~nen~- p~an
?lprepared by Shanks Associates, P.C., dated March 5, 1997, revised
il~April 16, 1997, a copy of which is attached to this Petition as
iiExhibit "B", to apply, subject to any changes required by the Ci%y
during comprehensive development plan review. The Petitioner
proffers that the zoning will be subject to, and the Petitioner
will abide by, the following conditions:
1. The property will be developed in substantial conformity
. with the site development plan prepared Shanks Associates, P.C.,
dated March 5, 1997, revised April 16, 1997, a copy of which is
attached to this Petition, subject to any changes required during
i development and review plan.
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 installed at the commencement of construction of the
project. Said trees shall be planted and thereafter maintained
the side yard area on the northerly side of the property; said
buffer to extend from the easterly end of the property of William
Franklin (Tax Map 1170807) and shall further be located along the
boundary of the property adjoining Office Tax No. 1171003.
3. 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
Libra~/, Museums, A~ Galleries and other
uses iDcluding associated educational
instructional activimies.
(E) Community Centers
(F) Post Office
(G) Indoor recreational uses including bowling allevs.
indoor tennis courts, ficness centers and c~heu
similar uses
Theaters with unlimited seating capacity
(I) General and professional offices
financial institutions
inc!ud~ng
(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 ~he
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)
One (1) 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. A_ny restaurant
shall include state of the art odor abatement
equipment.
(Q) Food stores not greater than 5,000 square feet in
gross floor area.
4. That the uses permitted in the RPUD District shall be
limited to the following:
(R) Single Family Detached Dwellings
(S) Multi-Family Dwellings
(T) Parks and Playgrounds
5. The condominium un==s and the szngle family resldences
cons5ructed in the RPUD Dissrict shall have a minzmum of _,~[
square fee~ of liveable floor space above ground and shall fur:her
average at least 1,800 square feet of living area per unz5 abcve
ground, not including porches or garages. Each of the struc=ures
consnructed as a condominium building shall contain an encl=sei
parking garage and elevator within the building.
6. The wa¢er lines, storm waner facilities, sewer lines and
stree= serving the deve!cpmen: shall be construcsed and ex:end
minimum of 550 feet from the west property line prior to the
commencement of constructlon of any commercial development on the
south side of the road.
7. A building permit shall be ~ssued for residenn~ai
~onstruction in the RPUD area prior ~c the issuance of
)uilding permit for commercial construction. Th:s sna_i
~reclude the issuance of a land disturbing and street open~n~
oermit for site and related work for the commercial development,
including installation of utilities and curb and gutter prior
the commencement of the RPUD constructicns.
8. No dumpsters shall be located in any buffer zone
identified on the proffered site plan.
9. The roads within the proposed 13.831 acres development
will not be extended to connect to any street or road now, or au
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 Bcck 5, page 14, Plat Bcck
5, page 11, respectively) Subdivisions.
10. That all residences shall have frame construction wink
either 50% brick or drivit exteriors and ihe balance to be brick,
drivit and/or wood or vinyl siding with all exteriors being
constructed with all such materials extending to grade.
ll. The I{VAC units for commercial buildings will not be
located on the roof of the commercial building.
(4) Attached as Exhibit "C" are the names and addresses of
the owner or owners of all property immediately adjacent to or
immediately across a street or road from the property which is the
subject of this Petition.
WHEREFORE, the Petitioner requests that the conditicns
proffered in connection with and made a part of Ordinance Nc.
32867-040196 of this Councll be changed an~ amended as se~ fcr~n
abcve, in accordance wlth the prcvlsicns cf
of the City of Rcanoke.
Dated: April 16, 1997.
Respectfully submitted,
SPRINGWOOD ASSOCIATES, LLC,
Virginia limited
company .
~_
Edward A. Nat~, Esq.
OSTERHOUDT, FERGUSON, NATT,
AHERON & AGEE, P.C.
1919 Electric Road, SW
Roanoke, Virginia 24018
Z:~WP50\LISA~SPRINGWO.PET:laf04/16/97
Parcel
5480101
5480106
5480107
5480113
5480708
1170605
1170803
1170807
1170810
1171003
1171004
1171006
1171205
1171206
EXHIBIT "C"
Owner, Acent or Occupant
Springwood Associates
Thomas and Mildred Webb
Beulah M. Webb
Alvin and Jeanette Turner
Gw%znn ~. and Eileen P. Board
James and Sarah Peters
Ann S. Stone
Wayne J. and Connie B. Maddox
William H. Franklin
David and Paige Willis
Robert and Patricia Kime
Hunuer J. and Ann 1. Miller
Roy and Dawn Meyers
Teodulo and Fe M. Remandaban
Elizabeth C. Skack!efcrd
Address
3214 Eieczrls Rcaz
SW, Suite=~"~
Roanoke, VA 24Ci~
4236 Roy Drive, SW
Roanoke, VA 24014
1797 wades Gap
Cal loway, VA
24067
6211 Central Avenue
Capital Helgh~s,
20743
6265 Fairway Fores5,
Drive
Roanoke, VA 24018
3929 Three Chop Lane
Roanoke, VA 24014
3924 Three Chop Lane
Roanoke, VA 24014
304 Covent.~ Lane,
SW
Roanoke, VA 24014
301 Covenury Lane,
SW
Roanoke, VA 24014
3712 Ai~cn Road,
Roanoke, VA 24014
3706 Al5$n RAa
Roanoke,
.~. 24C14
3702 Alton
Roanoke, ','A 24C14
3839 Bcswcrsn
Roanoke,
3841 Bcs~..'~ruh
L170503
Branch Shivers
Cliff Shepherd
Karen Terry
David Brugh
Somerset Associates
SW
Roancke, VA 24C14
Box 8158
Roancke, VA 2451~
3820 Bosworuh
Roanoke, VA 24014
4251 Joplin Road
Roanoke, VA 24014
428 Darwin Road
Roanoke, VA 240142
c/o Jack Wingo
Boone & Company
3906 Electric Road,
SW
Roancke, VA 24018
TIlE ROANOKE TIMP_ q
Ad Number: 40434182
Publisher's Fee: $112.00
Osterhoudt Ferguson Natt
Attn: Mike Aheron
P.O. Box 20068
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:
04/04/97
FULL RUN - Friday
04/1 1/97
FULL RUN - Friday
~lon~ey, ~tl 2~1997; et
Witness,
this 21st day of April, 1997.
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, April 21,
1997, at 7:00 p.m., in the Council Chamber in the Municipal
Building, 215 Church Avenue, $.W., on the question of amending
conditions proffered on the rezoning of a tract of land located on
the north end of Griffin Road adjacent to the east side of Franklin
Road, S.W., and designated as Official Tax No. 5480712.
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 2nd day of Agri] , 1997.
Mary F. Parker, City Clerk.
Publish in the J~, once on Thursday, April 17, 1997.
Send publisher's affidavit to:
Send bill to:
Mary F. Parker, City Clerk
Room 456, Municipal Building
215 Church Avenue, S. W.
Roanoke, Virginia 24011-1536
Edward A. Natt, Attorney
Osterhoudt, Ferguson, Natt, Aheron
and Agee
P. O. Box 20068
Roanoke, Virginia 24018-0007
Certification of Publication?
CoPY OF LEGAL
The ROANOKE TRIBUNE
Phone: (540) 343-0326
Claudia A. Whitworth, Editor/Publisher
Mailing Address: P.O. Box 6021- Roanoke, VA 24017
Business Address: 2318 Melrose Ave., N.W. -Roanoke, VA
This is to certify that the attached legal advertisement,
re~-~ ff~ n R,q was published for 1 consective weeks in
The ROANOKE TRIBUNE, a newspaper published in the City /
County of Roanoke, State of Virginia, and having a general
circulation in said City/County commmercing on the 1 7 day of
Apr ± ~ ,1 9 97 and that the charge for same is $ ? 1 . .4 2
Given under my hand, this_2_l__~ayqf p,~] , 1997.
Publisher
Publish in the Roar~oke Times. once on Friday, April 4, 1997, and once on Friday, April 11,
1997.
Send publisher's affidavit to:
Send bill to:
Mary F. Parker, City Clerk
Room 456, Municipal Building
215 Church Avenue, S. W.
Roanoke, Virginia 24011-1536
Edward A. Natt, Attorney
Osterhoudt, Ferguson, Natt, Aheron
and Agee
P. O. Box 20068
Roanoke, Virginia 24018-0007
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) $53-2541
Fax: (540) 8534 145
SANDRA H. EAKIN
Deputy Cib Clerk
April 14, 1997
File #51-514
Edward A. Natt, Attorney
Osterhoudt, Ferguson, Natt,
Aheron & Agee, P.C.
1919 Electric Road, S. W.
Roanoke, Virginia 24014
Dear Mr. Naif:
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,
April 21, 1997, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the
request of Springwood Associates for amendment to proffered conditions for rezoning of
a certain 13.81-acre tract of land located on the north end of Griffin Road, adjacent to the
east side of Franklin Road, S. W., and U.S. Route 220, identified as Official Tax No.
5480712, previously approved by the Council of the City of Roanoke, pursuant to
Ordinance No. 32867-040196 adopted on April 1, 1996.
For your information, I am enclosing copy of a notice of the public hearing and an
Ordinance with regard to the matter. Please review the documents and if you have
questions, you may contact Steven J. Talevi, Assistant City Attorney, at 853-2431. Copy
of the City Plannin{~Commission report will be forwarded at a later date.
Edward A. Natt, Attorney
Osterhoudt, Ferguson, Natt,
Aheron & Agee, P.C.
April 14, 1997
Page 2
It will be necessary for you, or your representative, to be present at the April 21
public hearing. Failure to appear could result in a deferral of the matter until a later
date.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:sm
Enc.
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W.. Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-114.5
SANDRA H. EAKIN
Deputy City Clerk
April 17, 1997
File #51
John R. Marlles, Agent
City Planning Commission
Roanoke, Virginia
Dear Mr. Marlles:
Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended,
I am attaching copy of a second amended petition from Edward A. Natt, Attorney,
representing Springwood Associates, L.L.C., requesting amendment of the proffered
conditions for rezoning of a certain 13.81-acre tract of land located on the north end of
Griffin Road, adjacent to the east side of Franklin Road, S. W., identified as Official Tax
No. 5480712, previously approved by the Council of the City of Roanoke, pursuant to
Ordinance No. 32867-040196 adopted on April 1, 1996.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:sm
Eno.
John R. Mariles, Agent
City Planning Commission
April17,1997
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
Martha P. Franklin, Secretary, City Planning Commission
Evelyn D. Dorsey, Zoning Administrator
Ronald H. Miller, Building Commissioner
Steven J. Talevi, Assistant City Attorney
VIRGINIA:
IN RE:
IN THE COUNCIL OF THE CITY OF ROANOKE
Second Amended Petition to change
proffered conditions for a tract
of land containing 13.81 acres
located on the north end of Griffin
Roadadjacent to the east side of
Franklin Road, SW
(Official Tax No. 5480712)
SECOND AMENDED
PETITION TO
CHANGE PROFFERED
CONDITIONS
Petition (identified as Official Tax No. 5480712) was rezoned from
RS-3, Single-Family Residential District, to C-2, General
Commercial District (3.0 acres, more or less) and RPUD Residential
Planned Unit Development (10.17 acres, more or less), subject to
certain conditions proffered by the Petitioner, Springwood
Associates. A copy of said ordinance is attached hereto as
Exhibit "A".
(2) That the present owner of the property is Springwood
Associates, LLC, a Virginia limited liability company; Springwood
Associates having changed its form of entity from a partnership to
a limited liability company.
(3) That subsequent to the adoption of said Ordinance, the
Petitioner has concluded that a change in the site plan is
desirable in order to eliminate the need for a substantial amount
of grading, to permit the retention of the majority of the
existing trees, and to further provide a better development plan.
If the original proffered plan is followed, a significant amount
(1) By ordinance No. 32867-040196, adopted by this Council
on April 1, 1996, the property which is the subject of this
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF
ROANOKE:
NATT, AHERON & AGEE
llof grading will be required and almost all the existing trees will
iibe removed. Accordingly, the Pet±tioner wishes to amend the
ipresent proffered condit±ons to permit the ~J-te development plan
!prepared by Shanks Associates, P.C., dated March 5, 1997, revised
April 16, 1997, a copy of which is attached to this Petition as
Exhibit "B", to apply, subject to any changes required by the City
during comprehensive development plan review. The Petitioner
proffers that the zoning will be subject to, and the Petitioner
will abide by, the following conditions:
1. The property will be developed in substantial conformity
with the site development plan prepared Shanks Associates, P.C.,
dated March 5, 1997, revised April 16, 1997, a copy of which is
~!attached to this Petition, subject to any changes required during
I!development and review plan.
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 installed at the commencement of construction of the
project. Said trees shall be planted and thereafter maintained in
the side yard area on the northerly side of the property; said
buffer to extend from the easterly end of the property of William
Franklin (Tax Map 1170807) and shall further be located along the
boundary of the property adjoining Office Tax No. 1171003.
3. 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)
One (1) 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.
4. That the uses permitted in the RPUD District shall be
limited to the following:
(R) Single Family Detached Dwellings
(S) Multi-Family Dwellings
(T) Parks and Playgrounds
5. 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.
6. 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 prior to the
commencement of construction of any commercial development on the
south side of the road.
7. A building permit shall be issued for residential
construction in the RPUD area prior to the issuance of any
building permit for commercial construction. This shall not
preclude the issuance of a land disturbing and street opening
permit for site and related work for the commercial development,
including installation of utilities and curb and gutter prior to
the commencement of the RPUD constructions.
8. No dumpsters shall be located in any buffer zone
identified on the proffered site plan.
9. 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.
10. 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 vinyl siding with all exteriors being
constructed with all such materials extending to grade.
11. The HVAC units for commercial buildings will not be
located on the roof of the commercial building.
(4) Attached as Exhibit "C" are the names and addresses of
the owner or owners of all property immediately adjacent to or
immediately across a street or road from the property which is the
subject of this Petition.
WHEREFORE, the Petitioner requests that the conditions
proffered in connection with and made a part of Ordinance No.
32867-040196 of this Council be changed and amended as set forth
above, in accordance with the provisions of the Zoning Ordinance
of the City of Roanoke.
Dated: April 16, 1997.
Edward A. Natt, Esq.
OSTERHOUDT, FERGUSON, NATT,
AHERON & AGEE, P.C.
1919 Electric Road, SW
Roanoke, Virginia 24018
Respectfully submitted,
SPRINGWOOD ASSOCIATES, LLC, a
VirDinia limited liability
company
BY
Z:~WP50\LISA~SPRINGWO.PET:laf04/16/97
Parcel
5480101
5480106
5480107
5480113
5480708
1170605
1170803
1170807
1170810
1171003
1171004
1171006
1171205
1171206
EXHIBIT "C"
Owner, Aqent or Occupant
Springwood Associates
Address
3214 Electric Road
SW, Suite 200
Roanoke, VA 24018
Thomas and Mildred Webb
4236 Roy Drive, SW
Roanoke, VA 24014
Beulah M. Webb
Alvin and Jeanette Turner
Gwynn H. and Eileen P. Board
James and Sarah Peters
Ann S. Stone
1797 Wades Gap
Calloway, VA
24067
6211 Central Avenue
Capital Heights, MD
20743
6265 Fairway Forest,
Drive
Roanoke, VA 24018
3929 Three Chop Lane
Roanoke, VA 24014
Wayne J. and Connie B. Maddox 3924 Three Chop Lane
Franklin
William H.
David and Paige Willis
Robert and Patricia Kime
Hunter J. and Ann I. Miller
Roy and Dawn Meyers
Teodulo and Fe M. Remandaban
Elizabeth C.
Shackleford
Roanoke, VA 24014
304 Coventry Lane,
SW
Roanoke, VA 24014
301 Coventry Lane,
SW
Roanoke, VA 24014
3712 Alton Road, SW
Roanoke, VA 24014
3706 Alton Road, SW
Roanoke, VA 24014
3702 Alton Road, SW
Roanoke, VA 24014
3839 Bosworth Drive
Roanoke, VA 24014
3841 Bosworth Drive,
1170503
Branch Shivers
Cliff Shepherd
Karen Terry
David Brugh
Somerset Associates
SW
Roanoke, VA 24014
P.O. Box 8158
Roanoke, VA 24018
3820 Bosworth Drive
Roanoke, VA 24014
4251 Joplin Road
Roanoke, VA 24014
428 Darwin Road
Roanoke, VA 240142
c/o Jack Wingo
Boone & Company
3906 Electric Road,
SW
Roanoke, VA 24018
OSTERHOUDT, FERGUSON. NATT. AHERON ~g AGEE
April 16, 1997
Mary Parker, City Clerk
456 Municipal Building
215 Church Avenue, SW
Roanoke, VA 24011
Re: Springwood Associates, LLC
Dear Ms. Parker:
Enclosed please find the Second Amended Petition to Change
Proffered Conditions to be filed in the above rezoning matter. If
you should have any questions, please do not hesitate to contact
With best personal regards, I am,
Very truly yours,
Edward A. Natt
EAN/laf
Enclosure
cc: Ms. Martha Franklin
Roanoke City
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) 853-2541
Fax: (540) 853-1145
SANDRA H. EAKIN
Deputy City Clerk
April 17, 1997
File #51
John R. Marlles, Agent
City Planning Commission
Roanoke, Virginia
Dear Mr. Marlles:
Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended,
I am attaching copy of an amended petition from Edward A. Natt, Attorney, representing
Springwood Associates, L.L.C., requesting amendment of the proffered conditions for
rezoning of a certain 13.81-acre tract of land located on the north end of Griffin Road,
adjacent to the east side of Franklin Road, S. W., identified as Official Tax No. 5480712,
previously approved by the Council of the City of Roanoke, pursuant to Ordinance No.
32867-040196 adopted on April 1, 1996.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:sm
Enc.
John R. Marlles, Agent
City Planning Commission
April17,1997
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
Martha P. Franklin, Secretary, City Planning Commission
Evelyn D. Dorsey, Zoning Administrator
Ronald H. Miller, Building Commissioner
Steven J. Talevi, Assistant City Attorney
VIRGINIA:
IN THE COUNCIL OF THE CITY OF ROANOKE
IN RE:
First Amended Petition to change
proffered conditions for a tract of
land containing 13.81 acres located
on the north end of Griffin Road
adjacent to the east side of
Franklin Road, SW
(Official Tax No. 5480712)
FIRST AMENDED
PETITION TO CHANGE
PROFFERS
Associates, LLC, a Virginia limited liability company; Springwood
Associates having changed its form of entity from a partnership to
a limited liability company.
(3) That subsequent to the adoption of said Ordinance, the
Petitioner has concluded that a change in the site plan is
desirable in order to eliminate the need for a substantial amount
of grading, to permit the retention of the majority of the
existing trees, and to further provide a better development plan.
If the original proffered plan is followed, a significant amount
subject to
certain conditions proffered by the Petitioner, Springwood
Associates. A copy of said ordinance is attached hereto as
Exhibit "A".
(2) That the present owner of the property is Springwood
TO THE HONORABLE MAYOR AiqD MEMBERS OF THE COUNCIL OF THE CITY OF
ROANOKE:
(1) By ordinance No. 32867-040196, adopted by this Council
on April 1, 1996, the property which is the subject of this
Petition (identified as Official Tax No. 5480712) was rezoned from
RS-3, Single-Family Residential District, to C-2, General
Commercial District (3.0 acres, more or less) and RPUD Residential
Planned Unit Development (10.17 acres, more or less),
of grading will be required and almost all the existing trees will
be removed. Accordingly, the Petitioner wishes to amend the
present proffered conditions to permit the site development plan
prepared by Shanks Associates, P.C., dated March 5, 1997, a copy
of which is attached to this Petition as Exhibit "B", to apply,
subject to any changes required by the City during comprehensive
development plan review. The Petitioner proffers that the zoning
will be subject to, and the Petitioner will abide by, the
following conditions:
1. The property will be developed in substantial conformity
with the site development plan prepared Shanks Associates, P.C.,
dated March 5, 1997, revised April 7 , 1997, a copy of which is
attached to this Petition, subject to any changes required during
development and review plan.
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 installed at the commencement of construction of the
project. Said trees shall be planted and thereafter maintained in
the side yard area on the northerly side of the property; said
buffer to extend from the easterly end of the property of William
Franklin (Tax Map 1170807) and shall further be located along the
boundary of the property adjoining Office Tax No. 1171003.
3. 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
uses including associated
instructional activities.
and other similar
educational and
(E) Community Centers
(F) Post Office
(O)
Indoor recreational uses including bowling alleys,
indoor tennis courts, fitness centers and other
similar uses
NATT, AHERON & AGEE
(H) Theaters with unlimited seating capacity
(I) General and professional
financial institutions
offices
including
(J) Medical clinics
(K) Medical offices
(L) Funeral Homes
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. 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.
4. That the uses permitted in the RPUD District shall be
limited to the following:
(R) Single Family Detached Dwellings
(S) Multi-Family Dwellings
(T) Parks and Playgrounds
5. 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.
6. 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 prior to the
commencement of construction of any commercial development on the
south side of the road.
7. A building permit shall be issued for residential
construction in the RPUD area prior to the issuance of any
building permit for commercial construction. This shall not
preclude the issuance of a land disturbing and street opening
permit for site and related work for the commercial development,
including installation of utilities and curb and gutter prior to
the commencement of the RPUD constructions.
8. No dumpsters shall be located in any buffer zone
identified on the proffered site plan.
9. 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.
10. 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 vinyl siding with all exteriors being
constructed with all such materials extending to grade.
11. The HVAC units for commercial buildings will not be
located on the roof of the commercial building.
(4) Attached as Exhibit "C" are the names and addresses of
the owner or owners of all property immediately adjacent to or
immediately across a street or road from the property which is the
subject of this Petition.
WHEREFORE, the Petitioner requests that the conditions
proffered in connection with and made a part of Ordinance No.
32867-040196 of this Council be changed and amended as set forth
above, in accordance with the provisions of the Zoning Ordinance
of the City of Roanoke.
Dated: , 1997.
Respectfully submitted,
SPRINGWOOD ASSOCIATES, LLC, a
Virginia limited liability
company
Edward A. Natt, Esq.
OSTERHOUDT, FERGUSON, NATT,
A_HERON & AGEE, P.C.
1919 Electric Road, SW
Roanoke, Virginia 24018
Z:~WP50[LISA\SPRINGWO.PET:laf04/07/97
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) 853-2541
Fax: (540) 853-1145
SANDRA H. EAKIN
Deputy City Clerk
April 14, 1997
File #51-514
Edward A. Natt, Attorney
Osterhoudt, Ferguson, Natt,
Aheron & Agee, P.C.
1919 Electric Road, S. W.
Roanoke, Virginia 24014
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,
April 21, 1997, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the
request of Springwood Associates for amendment to proffered conditions for rezoning of
a certain 13.81-acre tract of land located on the north end of Griffin Road, adjacent to the
east side of Franklin Road, S. W., and U.S. Route 220, identified as Official Tax No.
5480712, previously approved by the Council of the City of Roanoke, pursuant to
Ordinance No. 32867-040196 adopted on April 1, 1996.
If you have questions with regard to the matter, please contact John R. Marlles, Chief of
Planning and Community Development, at 853-23a.~..
Sincerely, _/~)~
Mary F. Parker, CMC/AAE
City Clerk
MFP:sm
Elqc.
Edward A. Natt, Attorney
Osterhoudt, Ferguson, Natt,
Aheron & Agee, P.C.
April 14, 1997
Page 2
pc:
Springwood Associates, 3214 Electric Road, S. W., Suite 200, 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. Roy Meyers, 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
Mr. Branch Shivers, P. O. Box 8158, Roanoke, Virginia 24018
Mr. Clifford Shepherd, 3820 Bosworth Drive, S. W., Roanoke, Virginia 24014
Ms. Karen Terry, 4251 Joplin Road, S. W., Roanoke, Virginia 24014
Mr. David Brugh, 428 Darwin Road, S. W., Roanoke, Virginia 24014
TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA
PERTAINING TO THE CHANGE IN PROFFERD CONDITIONS REQUEST OF:
Springwood Associates, LLC, represented by Edward A. Natt, )
attorney, that conditions proffered under Ordinance No. 32867- )
040196 rezoning the properO, located on the north end of Griffin Road )AFFIDAVIT
adjacent ot the east side of Franklin Roa~, S.W., identified by Official )
Tax No. 5480712, be amended. )
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 7th day of April, 1997, notices ora public hearing to be held on the
16th day of April, 1997, on the rezoning captioned above to the owner or agent of the parcels listed
below at their last known address:
Parcel
5480106
5480107
5480113
5480708
Owner's Name
Thomas and Mildred Webb
Beulah M. Webb
Alvin and Jeanette Turner
Gwynn H. and Eileen P. Board
James and Sarah Peters
1170605 ArmS. Stone
1170803
1170807
1170810
1171003
1171004
Wayne J. and Connie B. Maddox
William H. Franklin
David and Paige Willis
Robert and Patricia Kime
Hunter J. and Ann I. Miller
Mailing Address
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 24104
304 Coventry Lane, SW
Roanoke, VA 24014
301 Coventry Lane, SW
Roanoke, VA 24014
3712 Alton Road, SW
Roanoke, VA 24104
3706 Alton Road, SW
Roanoke, VA 24014
1171006
Roy and Dawn Meyers
3702 Alton Road, SW
Roanoke, VA 24104
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
Others notified:
Cliff Shepherd
3820 Bosworth Drive
Roanoke, VA 24014
Karen Terry
4251 Joplin Road
Roanoke, VA 24014
David Bmgh
428 Darwin Road
Roanoke, VA 24014
SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia,
1997
this 7th day of April, ~j
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) 853-2541
Fax: (540) 853-1145
SANDRA H. EAKIN
Deputy City Clerk
March 27, 1997
File #51
John R. Marlles, Agent
City Planning Commission
Roanoke, Virginia
Dear Mr. Marlles:
Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended,
I am attaching copy of a petition from Edward A. Natt, Attorney, representing Springwood
Associates, requesting amendment of the proffered conditions for rezoning of a certain
13.81-acre tract of land located on the north end of Griffin Road, adjacent to the east side
of Franklin Road, S. W., and U. S. Route 220, identified as Official Tax No. 5480712,
previously approved by the Council of the City of Roanoke, pursuant to Ordinance No.
32867-040196 adopted on April 1, 1996.
Mary F.
City Clerk
MFP:sm
Enc.
John R. Marlles, Agent
City Planning Commission
March 27, 1997
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
Martha P. Frenklin, Secretary, City Planning Commission
Evelyn D. Dorsey, Zoning Administrator
Ronald H. Miller, Building Commissioner
Steven J. Talevi, Assistant City Attorney
VIRGINIA:
IN THE COUNCIL ~0F THE CITY OF ROANOKE
IN RE:
Petition to change proffered
conditions for a tract of land
containing 13.81 acres located on
the north end of Griffin Road
adjacent to the east side of
Franklin Road, SW
(Official Tax No. 5480712)
PETITION TO
CHANGE PROFFERED
CONDITIONS
TO THE HONOP~ABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF
ROANOKE:
(1) By ordinance No. 32867-040196, adopted by this Council
on April 1, 1996, the property which is the subject of this
Petition (identified as Official Tax No. 5480712) was rezoned from
RS-3, Single-Family Residential District, to C-2, General
Commercial District (3.0 acres, more or less) and RPUD Residential
Planned Unit Development (10.17 acres, more or less), subject to
certain conditions proffered by the Petitioner, Springwood
Associates. A copy of said ordinance is attached hereto as
Exhibit "A".
(2) That the present owner of the property is Springwood
Associates, LLC, a Virginia limited liability company; Springwood
Associates having changed its form of entity from a partnership to
a limited liability company.
(3) That subsequent to the adoption of said Ordinance, the
Petitioner has concluded that a change in the site plan is
desirable in order to eliminate the need for a substantial amount
of grading, to permit the retention of the majority of the
existing trees, and to further provide a better development plan.
If the original proffered plan is followed, a significant amount
M~R-21-1997 1]:]1 OSTERHOUDT FERGUSON N~TT I 5~ 77~ 0961 P.~i/O1
of grading will be required and almost all the existing trees will
be removed. Accordingly, the Petitioner wishes to amend the
present proffered conditions to permit the site development plan
prepared by Shanks Associates, P.C., dated March 5, 1997, a copy
of which is attached to this Petition as Exhibit "B", to apply,
subject to any changes required by the City during comprehensive
development plan review. The Petitioner proffers that the zoning
will be subject to, and the Petitioner will abide by, the
following conditions:
1. The property will be developed in substantial conformity
with the site development plan prepared Shanks Associates, P.C.,
dated March 5, 1997, a copy of which is attached to this Petition,
subject to any changes required during development and review
plan.
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 installed at the commencement of construction of the
project. Said trees shall be planted and thereafter maintained in
the side yard area on the northerly side of the property; said
buffer to extend from the westerly end of the property of william
Franklin (Tax Map 1170807) and shall further be located along the
boundary of the property adjoining Office Tax No. 1171003.
3. 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, Museum~, Art Galleries and other similar
uses including associated educational and
instructional activities-
(E) Cor~munity Centers
(F) Post Office
(G) Indoor recreational uses including bowling alleys,
indoor tennis courts, fitnes~ centers and other
similar uses
TOTAL P. 01
(H) Theaters with unlimited seating capacity
(I) General and professional offices
financial institutions
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)
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.
4. That the uses permitted in the RPUD District shall be
limited to the following:
(R) Single Family Detached Dwellings
(S) Multi-Family Dwellings
(T) Parks and Playgrounds
5. 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.
6. 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 prior to the
commencement of construction of any commercial development on the
south side of the road.
7. A building permit shall be issued for residential
construction in the RPUD area prior to the issuance of any
building permit for commercial construction. This shall not
preclude the issuance of a land disturbing and street opening
permit for site and related work for the commercial development,
including installation of utilities and curb and gutter prior to
the commencement of the RPUD constructions.
8. No dumpsters shall be located in any buffer zone
identified on the proffered site plan.
9. 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.
10. 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.
11. The HVAC units for commercial buildings will not be
located on the roof of the commercial building.
(4) Attached as Exhibit "C" are the names and addresses of
the owner or owners of all property immediately adjacent to or
immediately across a street or road from the property which is the
subject of this Petition.
WHEREFORE, the Petitioner requests that the conditions
proffered in connection with and made a part of Ordinance No.
32867-040196 of this Council be changed and amended as set forth
above, in accordance with the provisions of the Zoning Ordinance
of the City of Roanoke.
Dated: March
, 1997.
Respectfully submitted,
SPRINGWOOD ASSOCIATES, LLC, a
Virgin~ // ~mited liability
Edward A. Natt, Esq.
OSTERHOUDT, FERGUSON, NATT,
AHERON & AGEE, P.C.
1919 Electric Road, SW
Roanoke, Virginia 24018
Z:~WP50\LISA~SPRINGWO.PET:laf03/21/97
Parcel
5480101
5480106
5480107
5480113
5480708
1170605
1170803
1170807
1170810
1171003
1171004
1171006
1171205
1171206
EXHIBIT "C"
Owner, Aqent or OccuDant
Springwood Associates
Thomas and Mildred Webb
Beulah M. Webb
Alvin and Jeanette Turner
Gwynn H. and Eileen P. Board
James and Sarah Peters
Ann S. Stone
Wayne J. and Connie B. Maddox
William H. Franklin
David and Paige Willis
Robert and Patricia Kime
Hunter J. and Ann I. Miller
Roy and Dawn Meyers
Teodulo and Fe M. Remandaban
Elizabeth C. Shackleford
Address
3214 Electric Road
SW, Suite 200
Roanoke, VA 24018
4236 Roy Drive, SW
Roanoke, VA 24014
1797 Wades Gap
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
301 Coventry Lane,
SW
Roanoke, VA 24014
3712 Alton Road, SW
Roanoke, VA 24014
3706 Alton Road, SW
Roanoke, VA 24014
3702 Alton Road, SW
Roanoke, VA 24014
3839 Bosworth Drive
Roanoke, VA 24014
3841 Bosworth Drive,
1170503
Branch Shivers
Cliff Shepherd
Karen Terry
David Brugh
Somerset Associates
SW
Roanoke, VA 24014
P.O. Box 8158
Roanoke, VA 24018
3820 Bosworth Drive
Roanoke, VA 24014
4251 Joplin Road
Roanoke, VA 24014
428 Darwin Road
Roanoke, VA 240142
c/o Jack Wingo
Boone & Company
3906 Electric Road,
SW
Roanoke, VA 24018
NOTICE OF PUBLIC HEARING BEFORE THE ROANOKE CITY PLANNING COMMISSION
TO WHOM IT MAY CONCERN:
The Roanoke City Planning Commission will hold a public he~aring on Wednesday, April 16, 1997,
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 Springwood Associates, LLC, represented by Edward A. Natt, attorney, that
conditions proffered under Ordinance No. 32867-040196 rezoning the proper°o/located on the north
end of Griffin Road adjacent ot the east side of Franklin Road, S.W., identified by Official Tax No.
5480712, be amended.
A copy of said application is available for review in the Department of Planning and Community
Development, Room 162, Municipal Building.
Ail parties in interest and citizens may appear on the above date and he heard on the matter.
Martha P. Franklin, Secretary
Roanoke City Planning Commission
Please print in newspaper on Tuesday, April 1, 1997 and Tuesday, April 8, 1997
Please bill:
Edward A. Natt, Esq.
Osterhoudt, Ferguson, Natt, Aheron & Agee
1919 Electric Road, SW
Roanoke, VA 24018
Please send affidavit to:
Department of Planning and Community Development
Room 162, Municipal Building
215 Church Avenue, S.W.
Roanoke, VA 24011 (540) 853-1230 (fax)
Mary F. Parker, CMCIAAE
c~y C~erk
CITY OF ROANOKE
Office of the City Clerk
Sandra H. Eakin
Deputy City Clerk
May 7, 1997
File #514
W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Ordinance No. 33358-050597 permanently vacating, discontinuing
and closing a certain portion of First Street, N. W., situated between its intersection with
Wells Avenue and its intersection with Gilmer Avenue, N. W., and a certain section of the
Second Street/Gainsboro Road right-of-way adjacent to First Baptist Church on North
Jefferson Street. The abovereferencad measure was adopted by the Council of the City
of Roanoke on first reading on Monday, April 21, 1997, also adopted by the Council on
second reading on Monday, May 5, 1997, 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.
W. Robe~ Herbe~
City Manager
May 7,1997
Page 2
pc:
The Reverend Kenneth B. Wright, Pastor, First Baptist Church, 310 N. Jefferson
Street, Roanoke, Virginia 24016
Wilburn C. Dibling, Jr., City Attorney
Steven J. Talevi, Assistant City Attorney
Willard N. Claytor, Director of Real Estate Valuation
Nancy J. Brown, 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/enclosure
John R. Marlles, Agent, City Planning Commission, w/enclosure
Evelyn D. Dorsey, Zoning Administrator, w/enclosure
Martha P. Franklin, Secretary, City Planning Commission
Mary F. Parker, CMCIAAE
C~y Clerk
CITY OF ROANOKE
Office of the City Clerk
June 3,1997
File #514
Sandm H. Eakin
Deputy City Clerk
The Honorable Arthur B. Crush, III
Clerk of Circuit Court
Roanoke, Virginia
Dear Mr. Crush:
I am attaching copy of Ordinance No. 33358-050597, for proper recordation in your office,
permanently vacating, discontinuing and closing a certain portion of First Street, N. W.,
situated between its intersection with Wells Avenue and its intersection with Gilmer
Avenue, N. W., and a certain section of the Second Street/Gainsboro Road right-of-way
adjacent to First Baptist Church on North Jefferson Street. The abovereferenced measure
was adopted by the Council of the City of Roanoke on first reading on Monday, April 21,
1997, also adopted by the Council on second reading on Monday, May 5, 1997, and will
be in full force and effect ten days following the date of its second reading.
Sincerely,
Mary F. Parker, CMC/AA~
City Clerk
MFP:sm
Enc.
pc: W. Robert Herbert, City Manager
IN THE COUNCIL OF THE CITY OF ROANOKE,
The 5th day of May, 1997.
No. 33358-050597.
VIRGINIA,
AN ORDINANCE permanently vacating, discontinuing and closing
certain public right-of-way in the City of Roanoke, Virginia, as
are more particularly described hereinafter.
WHEREAS, the City of Roanoke, filed an application to the
Council of the City of Roanoke, Virginia, in accordance with law,
requesting the Council to permanently vacate, discontinue and close
the public right-of-way described hereinafter; and
WHEREAS, the City Planning Commission, after giving proper
notice to all concerned as required by §30-14, Code of the City of
Roanoke (1979), as amended, and after having conducted a public
hearing on the matter, has made its recommendation to Council; and
WHEREAS, a public hearing was held on said application by the
City Council on April 21, 1997, after due and timely notice thereof
as required by S30-14, Code of the City of Roanoke (1979), as
amended, at which hearing all parties in interest and citizens were
afforded an opportunity to be heard on said application; and
WHEREAS, it appearing from the foregoing that the land
proprietors affected by the requested closing of the subject public
right-of-way have been properly notified; and
WHEREAS, from all of the foregoing, the Council considers that
no inconvenience will result to any individual or to the public
from permanently vacating, discontinuing and closing said public
right-of-way.
THEREFORE, BE IT ORDAINED by the Council of the City of
Roanoke, Virginia, that the public right-of-way situate in the City
of Roanoke, Virginia, and more particularly described as follows:
All that portion of First Street, N.W., situated between
its intersection with Wells Avenue, N.W., and its
intersection with Gilmer Avenue, N.W., and a certain
section of the Second Street/Gainsboro Road right-of-way
adjacent to First Baptist Church on North Jefferson
Street.
be, and is hereby permanently vacated, discontinued and closed, and
that all right and interest of the public in and to the same be,
and hereby is, released insofar as the Council of the City of
Roanoke is empowered so to do with respect to the closed portion of
the right-of-way, reserving however, to the City of Roanoke and any
public utility, including, specifically, without limitation,
providers to or for the public of cable television, electricity,
natural gas or telephone service, an easement for sewer and water
mains, television cable, electric wires, gas lines, telephone
lines, and related facilities that may now be located in or across
said public right-of-way, together with the right of ingress and
egress for the maintenance or replacement of such lines, mains or
utilities, such right to include the right to remove, without the
payment of compensation or damages of any kind to the owner, any
landscaping, fences, shrubbery, structure or any other
encroachments on or over the easement which impede access for
maintenance or replacement purposes at the time such work is
undertaken; such easement or easements to terminate upon the later
abandonment of use or permanent removal from the above-described
public right-of-way of any such municipal installation or other
2
utility or facility by the owner thereof.
BE IT FURTHER ORDAINED that the closure of the above-described
right-of-way is conditioned upon applicant's submitting to the
City, receiving approval of, and recording a subdivision plat,
providing for the disposition of the land within the right-of-way,
to be vacated, in a manner consistent with the requirements of
Chapter 31, Subdivision, of the City Code, and providing for the
retention of appropriate easements, together with the right of
public passage over the same, for the purpose of construction,
repair and general maintenance of any and all utilities that may
exist within said right-of-way.
BE IT FURTHER ORDAINED that the City Engineer be, and he is,
directed to mark "permanently vacated" on said public right-of-way
on all maps and plats on file in his office on which said right-of-
way is shown, referring to the book and page of ordinances and
resolutions of the Council of the City of Roanoke, Virginia,
wherein this ordinance shall be spread.
BE IT FINALLY ORDAINED that the Clerk of the Council deliver
to the Clerk of the Circuit Court of the City of Roanoke, Virginia,
a certified copy of this ordinance for recordation in the Deed
Books of said Clerk's Office, indexing the same in the name of the
City of Roanoke, Virginia, as Grantor, and the names of any other
parties in interest who may so request, as Grantees.
ATTEST:
City Clerk.
K
Roanoke City Planning Commission
April 21, 1997
The Honorable David A. Bowers, Mayor
and Members of City Council
Roanoke, Virginia
Dear Members of Council:
Subject:
Request from the City Manager to close and permanently vacate certain
sections of public street rights-of-way adjacent to the boundaries of the new
Second Street/Gainsboro Road thoroughfare.
City Council adonted a resolution (No. 30254-10190) on October I, 1990, approving
the location and design of the Second Street/Gainsboro Road project.
Acquisition of land parcel~ necessary and essential to establish the alignment of the
new Second Street/Gainsboro Road fight-of-way have been completed and the
boundaries of the new thoroughfare have been established.
Establishment of the new Second Street/Gainsboro Road boundaries will result in
the creation and leaving of a number of small surplus parcels of land and certain land
parcels that were previously part of the former public street system in the area.
First Baptist Chumh on North Jefferson Street, early in the design process of this
project, expressed an interest in acquiring certain sections of this surplus or residual
street fights-of-way, including a certain section of First Street, N.W., as the same are
situated between their property and the boundary of the new roadway.
II. Current Situation:
City Council was advised on May 6, 1996, of the desire of the Trustees of First
Baptist Church, to acquire certain of these residual parcels.
~ of a portion of the old (former) First Street, N.W., abuts the property
of First Baptist Church. Realignment and construction of the new Second
Street/Gainsboro Road has now rendered this section of street fight-of-way as
obsolete and useless.
Room 162 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (540) 853-2344
Members of Council
Page 2
Second Street/Gainsboro Rood design plans initially included a second small parcel
of land abutting the westerly side of this former section of First Street, N.W., right-
of-way (see Map A).
Section of First Street. N.W., and this portion of land as previously included as a part
of the new Second Street/Gainsboro Road right-of-way needs to be closed and
vacated in order to convert these lands to the status of common real estate.
~ at their meeting on March 17, 1997, authorized the City Manager to
file an application to close and permanently vacate certain sections of public street
rights-of-way adjacent to the boundaries of the new Second Street/Gainsboro Road
thoroughfare.
III.
F. Planning Commission nublic hearing was held on Wednesday, April 16, 1997.
Issues:
A. Neighborhood impact.
B. Traffic impact.
C. Utilities within the public right-of-way.
D. Creation of a dead-end street.
E. Land use.
F. Relationship to the comprehensive plan.
Anorove the City Manager's request to close and permanently vacate the described
sections of the existing First Street, N.W., and the Second Street/Gainsboro Road
fights-of-way, subject to certain conditions set out in Section V. of this report.
]2~Jl~h~llLq~[jll~: Closure and vacation of the subject sections of First
Street, N.W., and the residual portion of the Second Street/Gainsboro Road
right-of-way will have no impact on the neighborhood.
Traffic impact: Closure and vacation of the described sections of street
rights-of-way will have no impact on traffic or traffic needs in the area.
3. Utilities within the public right-of-way:
Members of Council
Page 3
a. Certain utilities are located within the subject right-of-way.
b. Appropriate easements will be retained for these utilities.
Creation of a dead-end str~: Closure and vacation of the described sections
of public street rights-of-way will not create a dead-end street.
5. Land use:
Existing section of First Street, N.W., and the subject section of the
Second Street/Gainsboro Road right-of-way are not a part of the
City's current plans for the new public street system in this area.
Land within the subject street sections could be used more efficiently
by the abutting property owners as additions to their abutting
properties.
c. Closure and vacation will return these lands to the City tax rolls.
Relationship to the comprehensive plan: Closure and vacation of the subject
sections of street rights-of-way would be consistent with the intent of the
comprehensive plan that available lands be used in the most appropriate
manner.
Deny the City Manager's request to close and vacate the described sections of street
rights-of-way.
1. ~ h]~lllig~2~tl~ would not be an issue.
2. Traffic impact:
Section of First Street, N.W., as requested for closure is not a part of
the proposed new street system in the area.
If the subject street section is not closed and vacated, it will remain
on the City's official maps as a public street right-of-way.
3. Utilities within the public ri~,ht-of-way would not be an issue.
4. Creation of a dead-end street would not be an issue.
5. Land use:
Members of Council
Page 4
Land within the described sections of street rights-of-way would not
revert to private ownership.
Land within the rights-of-way would remain in an idle and
unproductive state.
Relationshin to the comprehensive plan: Leaving the subject street rights-of-
way in their current useless and non-productive status would be inconsistent
with the intent of the comprehensive plan.
Planning Commission. bv a vote 0f4-0 (Mrs. Coles and Mrs. Duerk absent) recommended
that City Council approve Alternative A, thereby approving the City Manager's application
to close and vacate the described sections of First Street, N.W., and Second Street/Gainsboro
Road rights-of-way, subject to the following conditions:
The applicant shall submit to the City for its review and approval, receive approval
of, and record in the office of the Roanoke City Circuit Court, a subdivision plat,
with said plat providing thereon for the following:
Combining all properties which would otherwise be landlocked by the
requested closure, or otherwise disposing of the land within the right-of-way
to be vacated in a manner consistent with law.
The retention of appropriate easements, together with the right of public
passage over the same, for surface and subsurface installation and
maintenance of any and all existing utilities that may be located within the
right-of-way.
If the above conditions have not been met within a period of 12 months from the date
of the adoption of the ordinance providing for the closure of the subject right-of-way,
then said ordinance shall be null and void with no further action by City Council
being necessary.
Respectfully submitted,
IRM:ERT:mpf
attachment
cc: Assistant City Attorney
Gilbert E. Butler, Temporary Chairman
Roanoke City Planning Commission
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
)
)
Application of the City of Roanoke for vacating, )
discontinuing and closing of First Street, N.W., )
as the same extends fi.om an intersection with )
Wells Avenue, N.W., to an intersection with )
Gilmer Avenue, N.W., and a certain section of )
the Second Street/Gainsboro Road fight-of-way )
adjacent to First Baptist Church on North Jeffer- )
son Street )
Members of Council:
AMENDED APPLICATION
FOR VACATION, DISCONTINUANCE
AND CLOSURE
The City Manager, on behalf of the City of Roanoke, applies to have a certain section of First
Street, N.W., and a certain portion oftbe second Street/Gainsboro Road right-of-way, in the City
of Roanoke, Virginia, situated between its intersection with Wells Avenue, N.W., and its intersection
with Gilmer Avenue, N.W., closed and permanently vacated pursuant to Virginia Code Section 15.1-
364 and Section 30-14 of the Code of the City of Roanoke, Virginia (1979), as amended.
The subject sections of public street rights-of-way of First and Second Streets, NW., are
more particularly described on an attached plat of subdivision as prepared by the Office of the City
Engineer.
The City of Roanoke states that the grounds for their application are as follows:
1. The subject street sections have been discontinued as a result of the adjacent
construction and realignment of a new major street thoroughfare.
2. City has not current or future needs or plans to use these discontinued street section.
3. Abutting property owners can use the land within the vacated right-of-way in a more
efficient manner.
4. Land within the vacated rights-of-way will be returned to the City tax rolls.
Wherefore, the City of Roanoke, respectfully requests that the above-described section of
First Street, N.W., be closed and vacated in accordance with the provisions of Section 15.1-364, of
the Code of Virginia, and Section 30-14 of the Code of the City of Roanoke, Virginia (1979), as
amended.
Respectfully submitted,
W. Robert Herbert, City Manager
March 31, 1997
AV ~
2
2.0I~,*~d/~ ~[
Second S~eeffGmsboro Road fi~t-of-way
as requested for clos~e I
To The Honorable David M. Bowers, Mayor and
Members of Roanoke City Council
Dear Mr. Bowea's and Members of Roanoke City Council:
Timnk you for your continued interest in the developmmt of our Church M'ml.mies and the
enbsncemeat ofI-Estoric Gainsboro.
Dufin8 out quarterly Bu~ineM Conference on Sunday, Apr~ 13, 1997, o~ congr~tion
unanimously approved a gesoh~_'on r~a~ai~$ the r~idual property created by the Second
Stxee~/Gainsboro Koad project. A copy of the resolution is attached for your records.
If you need additional ~formatioa, please do not hesitate to contact ns.
May Almi~ty Caod Bl~ss an yom, win'urns wi~ gr~t succe~.
Yours in Clu-istiaa Sa, vice,
Eva B. MilI~, Ch~k
'~· dM rek: a I~laee o/lore
RESOLUTION
Whereas, The improvement of theportion of .W. ells Avenue,
Roanoke, Virginia, between Williamson Road and the aligned Second
Street/Gainsbom Road entailed the acquisition of twenty(20) feet of the
First Baptist Church property effectuating a loss of approximately
eighteen(18) parking spaces;
Whereas, a user-ratio assessment of the current parking availability
at First Baptist Church indicates a serious deficit in off-street and on-street
parking space for participants in the ministries of the church;
Whereas, plans for future growth and development of the ministries
of First Baptist Church show an extended need for off-street and on-strset
parking space for participants in the ministries of the church;
Whereas, the residual property created between the aligned Second
Street/Gainsboro Road(east side) and the First Baptist Chumh
property(west side) is basically usable for only the enhancement of the
church's parking space;
Whereas, First Baptist Church has on file letters from me Office of the
City Engineer and the Director of Public Works forwarded during the
negotiations of the Wells Avenue improvement project verifying the
feasibility and justification of the "City's" donation of the residual property to
First Baptist Church;
Whereas, the record indicates Roanoke City Council has previously
approved preliminary action for donation of the residual property to First
Baptist Church; and
Whereas, First Baptist Church has for the past one hundred,
thirty(130) years faithfully demonstrated its commitment and shared its
resources in the stabilization of the Gainsboro neighborhood and the
transformation of humanity within the state, nation, and throughout the
world.
Reso/ved, That the members of First Baptist Church support the
proposal by the City of Roanoke to close the portion of First Street between
Wells Avenue(North) and Gilmer Avenue(South); and
Reao/ved, That the trustees of First Baptist Church request the
residual property created by the ~:x:~nd Street/Gainsboro Road project be
donated to First Baptist ,Church.
haptist
April 14, 1997
NORTH
310 NORTH JEFFERS~A~RE~OK~, ~ 240~6
To The Honorable David M. Bowers, Mayor and
Members of Roanoke City Cotmcil
Dear Mr. Bowers and Members of Roanoke City Council:
Thank you for your continued interest in the development of our Church Ministries and the
enhancement of Historic Gainsboro.
During our quarterly Business Conference on Sunday, April 13, 1997, our congregation
unanimously approved a Resolution regarding the residual property created by the Second
Street/Gainsboro Koad project. A copy of the resolution is attached for your records.
If you need additional information, please do not hesitate to contact us.
May Almighty God Bless all your ventures with great success.
Yours in Christian Service,
nne!tt B. Wright, Pastor /
Eva B. Miller, Churcltq21erk
"Our ch ,re'h: a place of/Olle and fellowship where sacred wisdom of the ages is found and the souls of men are united for the ~esL "
RESOLUTION
Whereas, The improvement of the portion of Wells Avenue,
Roanoke, Virginia, between Williamson Road and the aligned Second
Street/Gainsboro Road entailed the acquisition of twenty(20) feet of the
First Baptist Church property effectuating a loss of approximately
eighteen(18) parking spaces;
Whereas, a user-ratio assessment of the current parking availability
at First Baptist Church indicates a serious deficit in off-street and on-street
parking space for participants in the ministries of the church;
Whereas, plans for future growth and development of the ministries
of First Baptist Church show an extended need for off-street and on-street
parking space for participants in the ministries of the church;
Whereas, the residual property created between the aligned Second
Street/Gainsboro Road(east side) and the First Baptist Church
property(west side) is basically usable for only the enhancement of the
church's parking space;
Whereas, First Baptist Church has on file letters from the Office of the
City Engineer and the Director of Public Works forwarded during the
negotiations of the Wells Avenue improvement project verifying the
feasibility and justification of the "City's" donation of the residual property to
First Baptist Church;
Whereas, the record indicates Roanoke City Council has previously
approved preliminary action for donation of the residual property to First
Baptist Church; and
Whereas, First Baptist Church has for the past one hundred,
thirty(130) years faithfully demonstrated its commitment and shared its
resources in the stabilization of the Gainsboro neighborhood and the
transformation of humanity within the state, nation, and throughout the
world.
Resolved, That the members of First Baptist Church support the
proposal by the City of Roanoke to close the portion of First Street between
Wells Avenue(North) and Gilmer Avenue(South); and
Resolved, That the trustees of First Baptist Church request the
residual property created by the Second Street/Gainsboro Road project be
donated to First Baptist ,Church.
NOTICE OF PUBLIC HEARING
TO WHOM IT MAY CONCERN:
The Council of the City of Roanoke will hold a Public Hearing
on Monday, April 21, 1997, at 7:00 p.m., or as soon thereafter as
the matter may be heard, in the Council Chamber in the Municipal
Building, 215 Church Avenue, S.W., on an application to permanently
abandon, vacate, discontinue and close the following public right-
of-way:
That portion of First Street, N.W., situated between its
intersection with Wells Avenue, N.W., and its
intersection with Gilmer Avenue· N.W., and a certain
section of the Second Street/Gainsboro Road right-of-way
adjacent to First Baptist Church on North Jefferson
Street.
A copy of this proposal is available for public inspection in
the Office of the City Clerk, Room 456, Municipal Building. Ail
parties in interest may appear on the above date and be heard on
the question.
GIVEN under my hand this 2nd day of April
· 1997.
Mary F. Parker, City Clerk.
Publish in the Roanoke Tribune. once on Thursday, April 17, 1997.
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
.Certification of Publication
COPY OF LEGAL
The ROANOKE TRIBUNE
Phone: (540) 343-0326
Claudia A. Whitworth, Editor/Publisher
Mailing Address: P.O. Box 6021- Roanoke, VA 24017
Business Address: 2318 Melrose Ave., N.W. -Roanoke, VA
This is to certify that the attached legal advertisement,
re:~ was published for 1 consective weeks in
The ROANOKE TRIBUNE, a newspaper published in the City /
County of Roanoke, State of Virginia, and having a general
circulation in said City/County commmercing on the. 1 ? day of
--A-~,1997 and that the charge for same is $ 25.20
Oiven under my hand, this. 71 d~v~of ;xprll , 1997.
Publisher
Publish in the Roanoke Times, once on Friday, April 4, 1997, and once on Friday, April 11,
1997.
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) 853-2541
Fax: (540) 853-1145
April 14, 1997
File #514
SANDRA H. EAKIN
Deputy City Clerk
W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
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
Monday, April 21, 1997, at 7:00 p.m., or as soon thereafter as the matter may be heard,
on the request of the City of Roanoke that a certain portion of First Street, N. W., situated
between its intersection with Wells Avenue and its intersection with Gilmer Avenue, and
a certain section of the Second StreetJGainsboro Road right-of-way adjacent to First
Baptist Church on North Jefferson Street, be permanently vacated, discontinued and
closed.
If you have questions with regard to the matter, please contact John R. Marlles, Chief of
Planning and Community Development, at 853-2344.
Mary F. Parker, CMC/AAE
City Clerk
MFP:sm
pc:
The Reverend Kenneth B. Wright, Pastor, First Baptist Church, 310 N. Jefferson
Street, Roanoke, Virginia 24016
REVISED AD 3/28/97
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, April 16, 1997,
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 W. Robert Herbert, City Manager, that a certain section of First Street, N.W. and a
certain section of the Second Street/Gainsboro Road right-of-way adjacent to First Baptist Church
on North Jefferson Stree% be permanently vacated and closed.
A copy of said application is available for review in the Department o£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, April 1, 1997 and Tuesday, April 8, 1997
Please bill and send affidavit to:
Department of Planning and Community Development
Room 162, Municipal Building
215 Church Avenue, S.W.
Roanoke, VA 24011 (540) 853-1230 (fax)
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) 853-2541
Fax: (540) 853-1145
April 2, 1997
File #514
SANDRA H. EAKIN
Deputy City Clerk
John R. Marlles, Agent
City Planning Commission
Roanoke, Virginia
Dear Mr. Marlles:
Pursuant to Section 30-14, Procedure for altering or vacating City streets or alleys; fees
therefor, of the Code of the City of Roanoke (1979), as amended, I am attaching copy of
an amended application from the City of Roanoke requesting that a certain portion of First
Street, N. W., and a certain portion of the Second Street/Gainsboro Road right-of-way,
situated between its intersection with Wells Avenue, N. W., and its intersection with Gilmer
Avenue, N. W., be permanently vacated, discontinued and closed.
Sincerely, ~)~
Mary F. Parker, CMC/AAE
City Clerk
MFP:sm
Enc.
pc:
The Honorable Mayor and Members of the Roanoke City Council
W. Robert Herbert, City Manager
Martha P. Franklin, Secretary, City Planning Commission
Ronald H. Miller, Building Commissioner
Steven J. Talevi, Assistant City Attorney
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
Application of the City of Roanoke for vacating, )
discontinuing and dosing of First Street, N.W., )
as the same extends from an intersection with )
Wells Avenue, N.W., to an intersection with )
Gilmer Avenue, N.W., and a certain section of )
the Second Street/Gainsboro Road fight-of-way )
adjacent to First Baptist Church on North Jeffer- )
son Street )
Members of Council:
AMENDED APPLICATION
FOR VACATION, DISCONTINUANCE
AND CLOSURE
The City Manager, on behalf of the City of Roanoke, applies to have a certain section of First
Street, N.W., and a certain portion of the second Street/Gainsboro Road fight=of-way, in the City
of Roanoke, Virginia, situated between its intersection with Wells Avenue, N.W., and its intersection
with Gilmer Avenue, N.W., dosed and permanently vacated pursuant to Virginia Code Section 15.1-
364 and Section 30-14 of the Code of the City of Roanoke, Virginia (1979), as amended.
The subject sections of public street fights-of-way of First and Second Streets, N.W., are
more particulafiy described on an attached plat of subdivision as prepared by the Office of the City
Engineer.
The City of Roanoke states that the grounds for their application are as follows:
1. The subject street sections have been discontinued as a result of the adjacent
construction and realignment of a new major street thoroughfare.
2. City has not current or future needs or plans to use these discontinued street section.
3. Abutting property owners can use the land within the vacated right-of-way in a more
efficient manner.
4. Land within the vacated fights-of-way will be returned to the City tax rolls.
Wherefore, the City of Roanoke, respectfully requests that the above-described section of
First Street, N.W., be closed and vacated in accordance with the provisions of Section 15.1-364, of
the Code of Virginia, and Section 30-14 of the Code of the City of Roanoke, Virginia (1979), as
amended.
Respectfully submitted,
W. Robert Herbert, City Manager
March 31, 1997
~>z
Z
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) 853-2541
Fax: (540) 853-1145
March 27,1997
File #514
SANDRA H. EAKIN
Deputy City Clerk
John R. Marlles, Agent
City Planning Commission
Roanoke, Virginia
Dear Mr. Marlles'.
Pursuant to Section 30-14, Procedure for altering or vacating City streets or alleys; fees
therefor, of the Code of the City of Roanoke (1979), as amended, I am attaching copy of
an application from the City of Roanoke requesting that a certain portion of First Street,
N. W., situated between its intersection with Wells Avenue, N. W., and its intersection with
Gilmer Avenue, N. W., be permanently vacated, discontinued and closed.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:sm
Enc.
pc~
The Honorable Mayor and Members of the Roanoke City Council
W. Robert Herbert, City Manager
Martha P. Franklin, Secretary, City Planning Commission
Ronald H. Miller, Building Commissioner
Steven J. Talevi, Assistant City Attorney
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
Application of the City of Roanoke for vacating,
discontinuing and closing of First Street, N.W.,
as the same extends from an intersection with
Wells Avenue, N.W., to an intersection with
Gilmer Avenue, N.W.
Members of Council:
Application for
Vacation, Discontinuance
and Closure
The City Manager, on behalf of the City of Roanoke, applies to have that section of First
Street, N.W., in the City of Roanoke, Virginia, situated between its intersection with Wells Avenue,
N.W., and its intersection with Gilmer Avenue, N.W., closed and permanently vacated pursuant to
Virginia Code Section 15.1-364 and Section 30-14 of the Code of the City of Roanoke, Virginia
(1979), as amended.
The subject section of First Street, N.W., is more particularly described on an attached plat
of subdivision as prepared by the Office of the City Engineer.
The City of Roanoke states that the grounds for their application are as follows:
1. The subject street section has been discontinued as a result of the adjacent
construction and realignment of a new major street thoroughfare.
2. City has not current or future needs or plans to use this discontinued street section.
3. Abutting property owners can use the land within the vacated right-of-way in a more
efficient manner.
4. Land within the vacated right-of-way will be returned to the City tax rolls.
Wherefore, the City of Roanoke, respectfully requests that the above-described section of
First Street, N.W., be closed and vacated in accordance with the provisions of Section 15.1-364, of
the Code of Virginia, and Section 30-14 of the Code of the City of Roanoke, Virginia (1979), as
amended.
Respectfully submitted,
W. Robert Herbert, City Manager
PATTON
G1LMER . ~
W'ELLS
\
LOUDON
Ad Number: 40433823
Publisher's Fee: $124.80
CITY OF ROANOKE
ROOM 456, MUNICIPAL BUIL
215 CHURCH AVENUE, S. W.
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:
04/04/97 FULL RUN - Friday
04/11/97 FULL RUN - Friday
Witness, this 14th day of April 1997
Authorized Signature
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) 853-2541
Fax: (540) 853-1145
SANDRA H. EAKIN
Deputy City Clerk
May 7, 1997
File #51-467-514
James F. Douthat, Attorney
Woods, Rogers & Hazlegrove
P. O. Box 14125
Roanoke, Virginia 24038-4125
Gentlemen:
T. L. Plunkett, Jr., Attorney
Plunkett, Logan & Oehlschlaeger
305 First Street, S. W.
Roanoke, Virginia 24011
I am enclosing copy of Ordinance No. 33360-050597 rezoning a one acre+ and a 40.74+
acre tract of land, containing _
Elementary School, 72_+ acres bounded by Interstate 581, Wal-Mart, Round Hi~
Roanoke Area Association for Retarded Children, Inc., and properties
adjacent to Huff Lane, N. W., described as Official Tax Nos. 2250103 and 2250101, from
LM, Light Manufacturing District, and RS-3, Residential Single-Family District, to C-2,
General Commercial District, subject to certain COnditions proffered by the petitioners. The
abovereferenced measure was adopted by the Council of the City of Roanoke on first
reading on Monday, April 21, 1997, also adopted by the Council on second reading on
Monday, May 5, 1997, and will be in full force and effect ten days following the date of its
second reading.
MFP:sm
Enc.
~"~ ~ ~'Sincerely, ~~
Mary F. Parker, CMC/AAE
City Clerk
Wal-Mart Stores, Inc., 702 Eighth Street, S. W., Bentonville, Arizona 72716
J. W. Burress, Inc., and Aeroflight, Inc., P. O. Box 719, Roanoke, Virginia 24004
Compass Group USA, Inc., 1231 Rockland Avenue, N. W., Roanoke, Virginia 24012
The Macke Co., P. O. Box 360, Roanoke, Virginia 24003
Five W Partnership, 1302 Rockland Avenue, N. W., Roanoke, Virginia 24012
Littlefield Adams & Co., 1302 Rockland Avenue, N. W., Roanoke, Virginia 24012
Mr. William Wafts, 1272 Rockland Avenue, N. W., Roanoke, Virginia 24012
Mr. and Mrs. Philip J. Belden, 1118 Nview Avenue, N. W., Roanoke, Virginia 24012
Mr. and Mrs. Richard W. Nott, 1718 Greenridge Road, Salem, Virginia 24153
Lester Enterprises, Inc., P. O. Box 7206, Norfolk, Virginia 23509
Heritage Acres, L.L.C., P. O. Box 6777, Washington, D. C. 20020
Mr. John D. Childs, Sr., 1648 Norris Drive, N. W., Roanoke, Virginia 24017
Ms. Rita J. Price, 1645 Norris Drive, N. W., Roanoke, Virginia 24017
Habitat for Humanity, 1701 Cleveland Avenue, S. W., Roanoke, Virginia 24016
James F. Douthat
T. L. Plunkett, Jr.
May 7, 1997
Page 2
pc:
Mr. John J. Showaiter, 3914 Greenland Avenue, N. W., Roanoke, Virginia 24012
Mr. and Mrs. Wayne Bowman, 3908 Greenland Avenue, N. W., Roanoke, Virginia
24012
Ms. Norma J. Ridenhour and Ms. Augusta J. Dillon, 3902 Greenland Avenue, N. W.,
Roanoke, Virginia 24012
Mr. and Mrs. John C. Perrine, 3836 Greenland Avenue, N. W., Roanoke, Virginia
24012
Mr. and Mrs. Billy D. Creger, 3822 Greenland Avenue, N. W., Roanoke, Virginia
24012
Ms. Sofia R. Dominguez, 1691 Mt. Pass Road, Troutville, Virginia 24175
Mr. and Mrs. David I. Wood, 3802 Greenland Avenue, N. W., Roanoke, Virginia
24012
Mr. and Mrs. John B. Noffsinger, 3730 Greenland Avenue, N. W., Roanoke, Virginia
24012
Mr. and Mrs. Randolph M.. Mann, 3724 Greenland Avenue, N. W., Roanoke, Virginia
24012
Roanoke Area Association for Retarded Children, Inc., c/o Mr. Robert Huddleston,
P. O. Box 6157, Roanoke, Virginia 24017
Ms. Pamela L. Williams, 1422 Pleasant View Avenue, N. W., Roanoke, Virginia
24012
Roanoke Regional Airport Commission, c/o Cathy S. Pendleton, Secretary, 5202
Aviation Drive, N. W., Roanoke, Virginia 24012
Wal-Mart Stores, Inc., 702 Eighth Street, S. W., Bentonville, Arizona 72716
J. W. Burress, Inc., and Aerofiight, Inc., P. O. Box 719, Roanoke, Virginia 24004
Compass Group USA, Inc., 1231 Rockland Avenue, N. W., Roanoke, Virginia 24012
The Macke Co., P. O. Box 360, Roanoke, Virginia 24003
Five W Partnership, 1302 Rockland Avenue, N. W., Roanoke, Virginia 24012
Littlefield Adams & Co., 1302 Rockland Avenue, N. W., Roanoke, Virginia 24012
Mr. W~lliam Watts, 1272 Rockland Avenue, N. W., Roanoke, Virginia 24012
Mr. and Mrs. Philip J. Bolden, 1118 Nview Avenue, N. W., Roanoke, Virginia 24012
Mr. and Mrs. Richard W. Nott, 1718 Greenridge Road, Salem, Virginia 24153
Lester Enterprises, Inc., P. O, Box 7206, Norfolk, Virginia 23509
Heritage Acres, L.L.C., P. O. Box 6777, Washington, D. C. 20020
Mr. John D. Childs, Sr., 1648 Norris Drive, N. W., Roanoke, Virginia 24017
Ms. Rita J. Price, 1645 Norris Drive, N. W., Roanoke, Virginia 24017
Habitat for Humanity, 1701 Cleveland Avenue, S. W., Roanoke, Virginia 24016
James F. Douthat
T. L. Plunkett, Jr.
May 7, 1997
Page 3
pc:
First Union Bank, Peter Huff Estate -Trust Department, P. O. Box 13327,
Roanoke, Virginia 24040
Huff Lane Elementary School, c/o Dr. E. Wayne Harris, Superintendent, Roanoke
City Public Schools
Round Hill Elementary School, c/o Dr. E. Wayne Harris, Superintendent, Roanoke
City Public Schools
Randall Eakin, President, Williamson Road Action Forum, 2535 Bowman Street,
N. W., Roanoke, Virginia 24012
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
Nancy J. Brown, 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/enclosure
John R. Marlles, Agent, City Planning Commission, w/enclosure
Evelyn D. Dorsey, Zoning Administrator, w/enclosure
Martha P. Franklin, Secretary, City Planning Commission
IN THE COUNCIL OF THE CITY OF
The 5th day of May, 1997.
No. 33360-050597.
ROANOKE,
VIRGINIA,
AN ORDINANCE to amend S36.1-3, Code of the City of Roanoke
(1979), as amended, and Sheet No. 225, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City,
subject to certain conditions proffered by the applicants.
WHEREAS, Faison Realty Equities, Inc., William Hunt Staples,
et al., and William Watts, have made application to the Council of
the City of Roanoke to have the hereinafter described property
rezoned from LM, Light Manufacturing District, and RS-3, Single
Family Residential District, to C-2, General Commercial District,
subject to certain conditions proffered by the applicant; and
WHEREAS, the City Planning Commission, which after giving
proper notice to al! 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 April 21, 1997, 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. 225 of the Sectional 1976 Zone Map, City of
Roanoke, be amended in the following particular and no other:
That certain 1± acre tract of land, and a 40.74~ acre portion
of a tract of land containing 72~ acres bounded by Interstate 581,
Wal-Mart, Round Hill Elementary School, ARC Roanoke, Inc., and the
properties adjacent to Huff Lane, N.W., and designated on Sheet No.
225 of the Sectional 1976 Zone Map, City of Roanoke, as Official
Tax Nos. 2250103 and 2250101, be, and are hereby rezoned from LM,
Light Manufacturing District, and RS-3, Single Family Residential
District, to C-2 General Commercial District, subject to the
proffers contained in the Second Amended Petition filed in the
Office of the City Clerk on April 1, 1997, and that Sheet No. 225
of the Zone Map be changed in this respect.
ATTEST:
City Clerk.
Roanoke City Planning Commission
April 21, 1997
The Honorable David A. Bowers, Mayor
and Members of City Council
Roanoke, Virginia
Dear Members of Council:
Subject:
Request from Faison Realty Equities, Inc., represented by James F. Douthat,
attorney, and William Hunt Staples, et al, represented by T. L. Plunkett, Jr.,
attorney and William Watts by power of attorney, that property described
below be rezoned to C-2, General Commercial District, such rezoning to be
subject to certain conditions proffered by the petitioner: a one acre tract of
land located adjacent to the southerly boundary of property occupied by
WalMart, bearing Official Tax No. 2250103 and zoned RS-3, Residential
Single Family District; and a 40.74 acre portion of a tract of land bearing
Official Tax No. 2250101, bounded by 1-581 on the west, WalMart and Huff
Lane School properties on the north, Round Hill Elementary School and
ARC properties on the south, and residential property along the west side of
Greenland Avenue, N.W., on the east, currently zoned RS-3, Residential
Single Family District and LM, Light Manufacturing District.
I. Backeround:
Purpose of the rezoning request is to provide for the development of retail facilities
on two parcels of land totaling 41.74 acres owned by the Watts family adjacent to
Wal-Mart at Valley View Mall.
Property is adjacent to property owned by the Association for Retarded Citizens,
which is also the subject of a rezoning from RS-3, Single Family Residential District
to C-2, General Commercial District.
Development plans for both rezonings have been coordinated. Proffered conditions
have also been coordinated and are similar but are not the same.
D. Initial Petition to rezone was filed on February 6, 1997.
Room 162 Municipal Building 215 Church Avenue, S W. Roanoke, Virginia 24011 (540) 853-2344
Members of Council
Page 2
Funding for the construction of a new partial intemhange on 1-581 in the vicinity of
Round Hill Elementary School has been approved as part of the 1996 bond issue.
Plans for the design of the partial interchange are currently being prepared by a
private consulting firm under contract to the City.
Funding for the construction of a four-lane extension of Valley View Boulevard to
1-581 will be provided by the property owner. Plans for the design of the extension
of Valley View Boulevard are currently being prepared by the same consulting finn
under contract to the City for the design of the new 1-581 interchange.
II. Current Situation:
Two neighborhood meetings have been held to discuss the proposed rezoning and
development plans with the surrounding community. City staff have been in
attendance at both meetings to address questions related to the rezoning process and
the proposed 1-581 interchange.
Approximately 40 residents from the immediate neighborhood attended the first
neighborhood meeting which was held on January 23, 1997, at Valley View
Wesleyan Church. The following issues and questions were raised by citizens in
attendance: (1) How will the proposed interchange and service road improve traffic
circulation in the Valley View area? (2) Who will be responsible for managing the
proposed greenway and how will security on the proposed greenway be provided?
(3) How will the proposed service road connect into Valley View Boulevard and
what impact will it have on Huff Lane school?
The second neighborhood meeting sponsored by the Williamson Road Action Fomm
was held on February 6, 1997, at the Preston Park Recreation Center. Approximately
30 citizens attended the meeting. In addition to asking several of the same questions
raised at the first neighborhood meeting, a citizen asked is there are any provisions
to restrict fast-food establishments from locating on any of the proposed out-parcels
closest to the residential neighborhood. Mr. Douthat indicated that if there wasn't
there should be.
~ have met with representatives of the petitioners and developer on at
least five occasions to address outstanding issues and concerns.
First amended petition was filed on February 28, 1997. Thirteen conditions were
proffered.
Plannin~ Commission public hearin~ was held on March 5, 1997. Mr. James
Douthat, attorney, appeared before the Commission to summarize the request. Mr.
Douthat explained that Mr. Falson had an option to purchase 41.74 acres of Watts
property and that he planned to donate the land necessary for the interchange and
Members of Council
Page 3
actually build the road. Mr. Douthat stated that the petitioner was proffering the
cgncept plan which included the Watts and the Association for Retarded Citizens
(ARC) properties as well as a major tenant of 123,500 square feet and smaller tenants
on the out parcels. Mr. Douthat then reviewed the 13 proffered conditions which
were included as part of the petition.
In response to a question fi.om Mrs. Coles regarding proffer no. 5, Mr. Douthat
agreed to delete the word "residential" in the phrase "from adjacent residential
properties"..
Mr. Tom Creasy, Senior Traffic Engineer with Wilbur Smith Associates, appeared
before the Commission and discussed the traffic study that had been undertaken by
Wilbur Smith Associates.
Mr. Marlles gave the staff report. He stated from the very beginning it had been the
goal of the petitioner and City staff to try and coordinate any future development that
occurred on the adjacent properties. He said that at two neighborhood meetings held
on January 23 and February 6, there had been five issues brought up by the citizens:
(1) will there be any access between the adjacent residential neighborhood and the
proposed commercial development; (2) how will the proposed interchange and
service road improve traffic circulation; (3) who will be responsible for managing
the proposed greenway; (4) how will the proposed service road connect into Valley
View Boulevard and what impact will it have on Huff Lane school; and (5) concern
regarding fast-food restaurants on out parcels closest to the residential neighborhood.
Mr. Marlles responded as follows to the concerns: (1) There will be no access, as set
out in a proffered condition: (2) the interchange and service road will help improve
the traffic situation, as set forth by Messrs. Creasy, Douthat and Bengtson¢ (3) At the
beginning of this project, there had been a proposal for a trail element as part of the
75 foot greenway. He said that as the project developed, staffhad become aware that
the neighborhood was concerned about a trail because of security reasons. He said
that the current petition did not include a trail element as part of the greenspace. He
noted that staff would continue to meet with the neighborhood residents and
greenway coordinator to address any concerns. (4) The proposed service road is
t!nderstudy right now. The consultants have indicated that they will be able to
provide information in early summer. He noted that the particular area where the
service road connects into Valley View Boulevard is not on the site of the subject
rezoning. He said that in December, the City administration and developer had met
with school board officials to assure them they would have input into the design of
the connection; (5) There is a proffer restricting fast-food restaurants.
Mr. Marlles said that staff had some communication from the school administration
to provide additional landscaping in and around both schools as well as security
fencing and other improvements. He said that staff would be passing on those
suggestions to the City administration because the school administration's
Members of Council
Page 4
suggestions were not something the petitioner could proffer, but were suggestions
the City administration would have to deal with. Mr. Maflles also advised that the
comprehensive development plan for the site would have to come to the Commission
for review.
Mr. Marlles said that staff was recommending approval of the rezoning request. He
said that staff felt it was a logical extension of the C-2 zoning and felt the land was
more valuable for high quality commercial development than for industrial
development.
Mr. John J. Showalter (3915 Greenland Avenue, N.W.) appeared before the
Commission. He said that he had two concerns; i.e., (1) the 12 foot public utility
easement and the size of the greenway; and (2) possible drainage problems in the
area of Avalon Avenue behind his home.
In response to Mr. Showalter's questions, Mr. Douthat commented that he felt the
easement would be placed underground and that storm water would be taken care of
on site and piped over 1-581.
Mr. Randall Eakin, President of the Williamson Road Action Forum, (2535
Bowman Street) appeared before the Commission and stated that the Forum wanted
to continue to work with Faison, the City of Roanoke and ARC to develop the
property in a manner that did not negatively impact the surrounding neighborhood.
He requested that the adjoining property owners, neighborhood organization, be
included in discussions on the greenway, future plans for the out parcels and the
access road (Valley View Boulevard Extended). He thanked everyone for their
consideration of the requests he had made.
Ms. Liz Belcher, Roanoke Valley Greenways Coordinator, appeared before the
Commission and spoke in favor of the 75 foot greenspace. She urged the
Commission to look favorably on the dedication of this property for that use and
encouraged the Commission to take the proffer of the greenspace as a commitment
to greenways in the Roanoke Valley.
Mr. Richard Kelley, Assistant Superintendent of Operations for Roanoke City
Schools, appeared before the Commission and stated that development of the
properties (Watts and ARC) raised serious concerns relative to Round Hill Primary
School and HuffLane Elementary School. He said that Huff Lane was now known
as the Huff Lane Micro Village and was a magnet program, for which the school
system had spent about $250,000 for improvements. He said there were special
concerns about HuffLane School which was not directly affected by the rezoning
request, but was impacted by the overall development of the area. He said School
Board was not opposed to the request, but wanted to make sure that the Commission
understood the school's concerns. Relative to Round Hill Elementary School and
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Page 5
Huff Lane, Mr. Kelley said that if the development went forward, air conditioning
and insulation (sound proofing) would have to be a priority and would have a very
large financial impact on the schools. He said that noise and dirt were concerns
associated with development of the area. He said that the School Board was also
concerned that the area around the exit ramp and mall access road should have a
significant barrier or a heavy duty fence, with attractive plantings. He said that the
school board would like for the City's developer to have these plantings incorporated
in any planning for the area. He said that the school board would be willing to work
with the City to make sure the barrier meets the school's needs.
Mr. Kelley said that there was currently a proposal to switch property between ARC
and the school board. He said that he was not at liberty to discuss that proposal,
however, it was under consideration by the school board.
Mr. Kelley said that the impact on Huff Lane property was going to be significant
in terms of the road connection. He said that in contrast to Round Hill School, Huff
Lane's rear boiler room was only 120 feet from the property line of Tire America.
He said there was a concern about where the proposed roadway would bb located and
its proximity to the rear of HuffLane school.
On March 20. 1997, representatives of the School administration held a meeting
with concerned parents to discuss the proposed access road. Approximately 40
citizens attended the meeting. The following concerns were expressed by those in
attendance at the meeting: (1) safety of the children attending the two schools; (2)
impact of the proposed service road on the existing school structures and facilities;
(3) design of the proposed barrier/landscaping; and (4) noise and dust during and
after construction.
Second amended petition was filed on April 1, 1997. The following conditions were
proffered:
The proposed development shall be built in substantial conformity with the
attached Watts Rezoning Plan 1, Revised, prepared by Hill Studio, P.C.,
dated 12/12/96, a copy of which is attached to this Petition as Exhibit C,
subject to comprehensive development plan review and approval by the
Roanoke City Planning Commission.
No certificates of occupancy shall be issued for any new structures on the
Property until such time as the proposed interchange on 1-581 and the access
road (Valley View Boulevard Emended) are constructed and are operational.
A landscaped greenspace a minimum of 75 feet wide, adjacent to the
residential property along HuffLane/Greenland Avenue with a six foot high
berm and a black vinyl coated chain-link fence six feet high, shall be
Members of Council
Page 6
10.
11.
constructed, planted and maintained by the Property owner until such time
as ownership of the landscaped greenspace can be conveyed to the Western
Virginia Land Trust or other organization acceptable to the City of Roanoke.
In the event that the issue of ownership of the landscaped greenspace cannot
be resolved, the berm, vinyl coated chain-link fence and landscaping shall be
maintained by the property owner.
All lighting on the Property shall consist of lighting fixtures designed with
shields that prevent any illumination of adjoining residential neighborhoods.
All dumpsters, loading docks, and heating/air conditioning and handling
units located on the Property shall be screened from public view from
adjacent properties by landscaping, masonry or metal screen walls.
There shall be no motorized vehicular access from the Property to the
adjacent residential neighborhood.
Pedestrian access between the Property and the adjacent residential
neighborhood will be provided only as requested by the City of Roanoke.
The exterior architectural treatment of buildings on the property shall be
consistent with commercial buildings at Valley View Mall and have the same
level of architectural detail on all four sides.
The property owner shall dedicate that portion of the right-of-way located on
the Property which is required for the construction of the interchange on 1-
581 and for the access road, Valley View Boulevard Extended, in the general
configuration shown on the attached Exhibit C and shall construct the access
road upon final agreement with the Virginia Department of Transportation,
the City of Roanoke and affected property owners.
The proposed access road, Valley View Boulevard Extended, shall be a four-
lane road with an eighty foot wide right-of-way constructed to Virginia
Department of Transportation standards with landscaped median and street
trees with a minimum of 3 inch caliper on 50 foot centers along both sides of
the road. A sidewalk/bicycle path will be constructed on the northwesterly
side of Valley View Boulevard Extended from the edge of the parking lot
adjacent to 1-581 to the Wal-Mart property line if pedestrian/bicycle access
is provided on the 1-581 Valley View Boulevard Extended overpass.
Landscaping for the parking area located on the northwesterly side of Vailey
View Boulevard Extended will be consistent with the landscaping of the
parking area of Valley View Mall. Landscaping of the 75-foot wide
Members of Council
Page 7
landscaped greenspace will be in substantial conformity with the attached
100 foot section prepared by Hill Studio, P.C., dated February 28, 1997.
12.
Landscaping of the 75 foot wide landscaped greenspace along Valley View
Boulevard Extended will be completed within one year of occupancy of any
parcel on the .property.
13.
No fast food restaurants, as defined in the Roanoke City Zoning Ordinance,
shall be permitted on the property.
14.
There will be no outdoor advertising structures or free standing sign
structures on the property other than directional signs and an entrance sign
adjacent to Valley View Boulevard Extended indicating entities located on
the property, the ARC property and/or Valley View Mall. Occupant
identification signs on buildings located on the property will be consistent
with Valley View Mall.
III. Issues:
Zoning of Official Tax No. 2250103, comprising approximately one acre is RS-3,
Residential Single Family District. Zoning of Official Tax No. 2250101 is RS-3,
Residential Multifamily and LM, Light Manufacturing Districts. The surrounding
zoning pattern in the area is as follows: to the north and east is RS-3, Residential
Single Family District; to the south across 1-581 is LM, Light Manufacturing
District; to the west is C-2, General Commercial District.
Land use of the two parcels is currently vacant, undeveloped property, used for
agricultural purposes. Surrounding land uses in the area are as follows: to the north
is single family residential; to the south is 1-581; to the east is a public elementary
school (Round Hill Elementary School) and a church (Valley View Wesleyan); to
the west is retail commercial (Wal-Mart).
Utilities are available. All utility and storm water management issues will be
addressed as part of the comprehensive site plan review process. The final
comprehensive development plan will be subject to review and approval by the
Planning Commission.
Access to the subject property will be via a new partial interchange on 1-581 and
extension of Valley View Boulevard. Funding for the new 1-581 interchange, which
is currently under design, was approved as part of the 1996 bond issue. The
extension of Valley View Boulevard from the new interchange through the Watts
property will be constructed at the property owner's expense. The exact location
where the proposed new service road will connect with existing Valley View
Boulevard has not been determined but will be in the vicinity of Tire America. No
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Page 8
access is proposed to any adjoining residential streets including Oakland Boulevard
or Greenland Avenue.
Traffic imoact study prepared by Wilbur Smith Associates, dated November 1996,
revised December 1996 indicates that the proposed new development will generate
approximately 14,000 daily vehicular trips (synopsis of report attached). This
compares with 6,000 daily vehicular trips which would be generated if the site were
developed under the current zoning. The report notes that the construction of the
new interchange at 1-581 and the extension of Valley View Boulevard will cause a
major shift in traffic patterns. Currently, approximately two-thirds of the traffic
going to and ftom the Valley View Mall area originates from and returns to the south
(toward downtown Roanoke). At present, this traffic travels 1-581 to Hershberger
Road and Hershberger Road to Valley View Boulevard or Valley View Boulevard
North to get to the mall. With the construction of the new interchange, this traffic
will now access the mall by way of the new interchange. The study's conclusion is
that the shift in traffic caused by the extension of Valley View Boulevard and the
construction of the new interchange will reduce traffic on 1-581 and Hershberger
Road in the mall vicinity. A complete report on the traffic impact of the proposed
intersection/road improvements and new development will be made at the
Commission's March 5, 1997, public hearing.
Industrial land in the City has been identified as a valuable economic asset which
should be protected. The proximity of the subject parcels to Valley View Mall
combined with the increased traffic hazards which would result from mixing
industrial-related traffic with vehicles t~ying to access the mall on Valley View
Boulevard Extended make the subject properties less valuable for industrial
development and more suitable for commercial purposes.
CJ.
Bufferin~ereenspace - The proffered concept plan depicts a 75' wide landscaped
buffer/greenspace extending from Huff'Lane Park to Round Hill Elementary School
through property owned by the Association for Retarded Citizens. Proffer No. 3
indicates that the proposed greenspace will consist of a six foot high berm, a six foot
high black vinyl coated fence and landscaping which will be in substantial
conformity with the attached typical 100 foot section prepared by Hill Studio, P.C.,
dated February 28, 1997. Maintenance will be provided by the property owner until
such time as some other owner acceptable to the City of Roanoke can be identified.
In the event that the issue of ownership of the landscaped greenspace cannot be
resolved, the berm, vinyl coated chain-link fence and landscaping shall be
maintained by the property owner. Staff met with the adjacent residential property
owners on April 3, 1997, to discuss the possibility of incorporating a paved
pedestrian trail/bicycle path as part of the proposed greenspace. It was the consensus
of the approximately 24 residents present that a trail not be included in the design of
the proposed greenspace at this time.
Members of Council
Page 9
Neighborhood organizofion is the Williamson Road Action Forum (WRAF).
Representatives of the neighborhood organization have met with the City staff on
several occasions to discuss concerns related to design of proposed greenspace and
proposed location of Valley View Boulevard Extended. As previously stated, staff
met with adjacent residents on April 3, 1997 to discuss the design of the proposed
greenspace. The exact location where the proposed service road will connect into
Valley View Boulevard is still being studied by the consultant under contact to the
City. A meeting to present possible design options to representatives of the Roanoke
City School administration was being scheduled at the time this report was being
prepared.
I. Comprehensive olan recommends:
Commercial, industrial and residential growth should be encouraged through
public and private actions to ensure a strong and diversified economic base
and employment opportunities for all of Roanoke's citizens.
Development of new or existing commercial and industrial areas should be
carefully planned and designed to promote quality development and good
land use.
Neighborhood character and environmental quality should be protected.
Possible changes in land use or new public and private development in or
near residential areas should be carefully evaluated and designed to conserve
and enhance neighborhood quality.
IV. Alternatives:
A. City Council annrove the rezoning request:
Zoning of the subject property becomes C-2 with conditions that relate to the
development of the property.
Land use of the subject parcels becomes retail commercial, a part of the
Valley View regional shopping mall. Fast food restaurants, with exterior or
drive through service facilities, are not permitted on the property.
Utilities are available. Storm drainage and utilities will be addressed as part
of the comprehensive development plan review process.
Access to the subject property will be via a new partial interchange at 1-581
and Valley View Boulevard Extended. No vehicular access will be provided
to any adjacent residential areas including Oakland Boulevard or Greenland
Avenue.
Members of Council
Page 10
Traffic volumes can be accommodated with the proposed road and
intersection improvements. No certificates of occupancy will be issued for
any new structures on the subject property until such time as the proposed
interchange and Valley View Boulevard Extended are constructed and are
operational.
Industrial land, although not preserved for industrial development, is
appropriately developed given the location of the subject property adjacent
to other commercial development at Valley View Mall and the increased
traffic hazard which would result from mixing commercial and industrial
traffic on Valley View Boulevard Extended.
Bufferin~/greenspace to protect adjacent residential development would be
provided as a condition of the rezoning. The opportunity would still exist to
include a trail within the proposed greenspace for pedestrian and bicycle use
in the future.
8. Neighborhood organization issues can still be addressed.
9. Comprehensive plan issues as set forth would be followed.
B. City Council deny the rezoning request.
Zoning of the subject properties would remain RS-3, Residential Single
Family District and LM, Light Manufacturing District. The proposed retail
commercial development on the two parcels totaling 41.74 acres would not
be allowed to occur.
Land use would remain vacant, undeveloped property available for
residential and industrial development at some future date.
3. Utilities would be unaffected.
4. Access to the property would still be an issue.
5. Traffic may be an issue in the future depending on the use and access.
6. Commercial development would not be permitted.
7. BufferingJgreenspac~ would not be an issue.
8. Nei~,hborhood organization issues would not be an issue.
9. Comprehensive plan would be followed.
Members of Council
Page 11
V. Recommendation:
Planning Commission, by a vote of 4-0 (Mrs. Duerk and Mr. Manetta absent) recommended
approval of the rezoning request. The proposed rezoning is a logical extension of the
adjoining C-2, General Commercial District, located to the west of the subject parcels. The
proffered conditions protect the adjacent residential neighborhood and promote quality
commercial development. Finally, commercial development at this location is a more
appropriate land use than industrial or residential use.
Respectfully submitted,
Gilbert E. Butler, Temporary Chairman
Roanoke City Planning Commission
JRM:mpf
attachment
cc: City Attorney
Attorney for the Petitioner
WOODS, ROGERS
& HAZ! .F~E
VIRGINIA:
BEFORE THE COUNCIL FOR THE CITY OF ROANOKE
IN RE:
Rezoning of a 1± acre tract of land
and a 40.74± acre portion of a tract
of land containing 72± acres bounded
by Interstate 581 Wal-Mart,
Round Hill School, ARC, and the
properties adjacent to Huff Lane
bearing Tax No. 2250103 and Tax
No. 2250101 from LM Light Manufacturing
District and RS-3 Residential District
to C-2 General Commercial District,
such rezoning to be subject to
certain conditions
SECOND AMENDED
PETITION FOR
REZONING
TO THE HONORABLE MAYOR AND MEMBERS OF THE COI/NCIL FOR THE CITY
OF ROANOKE
1. Faison Realty Equities, Inc., has entered into an
agreement with Katherine Watts, Ellen Watts, Mary Watts
Crutchfield, M.D., Margaret Watts Turpin, Elizabeth Staples
Weber, Abram Penn Staples, Aelred Gylnn Staples, Anne Staples
Brooks, Sarah Staples McCaskill, Dennis Lee Staples, William
Hunt Staples, Jr., Allen Watts Staples, Jr., Jean Showalter
Strom-Olsen and John Strom-Olsen, English Showalter, Jr. and
Elaine Cottler Showalter, David Watts Showalter and Raena G.
Showalter to purchase two adjacent tracts of land the first,
bearing Tax No. 2250103, is shown on the tax maps to contain
1± acres and is currently zoned LM-Industrial District, and
the second is shown on the tax maps to contain 62.5309± acres
and is currently zoned LM-Industrial and RS-3 Residential
District. Tract No. 2250103 containing 1± acres and the
40.74± acre portion Tract No. 2250101 on the east side of
M~367130
WOODS, ROGERS
& HAZLEGROVE
2
581 are to be combined into one parcel containing 41.74± acres
as more particularly shown on attached Exhibit A (the
"Property").
2. The Property is unoccupied and is currently used for
agricultural purposes. Pursuant to 36.1-690, Code of the City
of Roanoke (1970), as amended, the Petitioner requests the
Property be rezoned from LM-Industrial District and RS-3
Residential District to C-2, General Commercial District,
subject to certain conditions, in order that the Property may
be used for commercial purposes.
3. The Property is adjacent to 14± acres owned by the
Association for Retarded Citizens ("ARC"), 8.769 acres of
which is the subject of a rezoning, with conditions, from RS-3
to C-2 which it is respectfully requested should be heard in
conjunction with this petition.
4. The Petitioners believe the rezoning of the Property
will further the intent and purpose of the City's zoning
ordinance and comprehensive plan in that it will allow the
Property to become the site of a major retail facility to be
constructed thereon and will allow the Property to be used in
a manner consistent with adjacent commercial property. The
proposed development and use will also result in an increase
in the real estate tax base of the City of Roanoke, provide
additional jobs to citizens of the City, conform to existing
commercial uses in the area and along Interstate 1-581, and
M~367130
3
cause the development of the Property to be consummated in a
practical and efficient matter.
5. The Petitioners hereby proffer and agree that, if
the Property is rezoned as requested, the rezoning will be
subject to and the Petitioners will abide by the conditions
shown on the attached Exhibit D, Proffered Conditions.
6. If necessary, a form 7460-1, Notice of Proposed
Construction, will be filed with the Federal Aviation
Administration for a determination by the FAA that the
construction would have no substantial adverse effect on the
safe and efficient utilization of the navigable air space or
on the operation of the air navigation facilities.
7. The following exhibits are attached hereto:
A. Legal Description.
B. Watts Rezoning Draft Plan 1, Revised, Roanoke,
Virginia by Hill Studio, P.C. dated 12/12/86.
Watts Rezoning Draft Plan 1,
Virginia, with ARC Rezoning,
P.C. dated 12/12/86.
Proffered Conditions.
Vicinity Map.
Adjacent Property Owners.
Revised, Roanoke,
by Hill Studio,
WOODS, ROGERS
& H,,x7.i .~'GROVE
M~367130
RESPECTFULLY SUBMITTED,
FAISON R~ALTY EQUIT~IES, INC.
By ~ ~
James F. Doutha~,~-Esq.
WILLIAMS HUNT STAPLES, ET AL.
/S/T.L. Plunkett, Jr., Esq.
By
By
James F. Douthat, Esq.
WOODS, ROGERS & HAZLEGROVE, P.L.C.
Dominion Tower, Suite 1400
10 South Jefferson Street
P.O. Box 14125
Roanoke, VA 24038-4125
(540) 983-7662
T.L. Plunkett,
/S/William Watts
Jr. , Esq.
William Watts
by power of attorney
WOODS, ROGERS
& HAZLEGROVE !
M~B67130
LEGAL DESCRIPTION - WATTS PROPERTY EAST OF 1-581
BEGINNING at an iron found on the northeasterly margin of the rw
of Interstate Highway 581 marking the southernmost corner of
property of Wal-Mart Stores, Inc. as shown on plat recorded in
Map Book 1 page 300; thence with the lines of Wal-Mart Stores,
Inc. N. 19 deg. 52' 54" E. 456.81 feet to a point; thence N. 38
deg. 48' 39" E. 1064.03 feet to a point at the southernmost
corner of the City of Roanoke Huff Lane School property (DB
805/138) on the southern margin of Avalon Avenue; thence with the
margin of Avalon Avenue N. 38 deg. 48' 39" E. 335.03 feet to an
iron set at an extension of the western line of Round Hill
Terrace Subdivision (Map Book 1, Pg 93) where the Avalon Avenue
right-of-way narrows; thence with the three lines of Round Hill
Terrace Subdivision, S. 33 deg. 25' 48" E. (passing over an iron
at 26.25 feet) = 764.57 feet, to an iron; thence S. 45 deg. 53'
30" E. 120.33 feet to an iron on the northwesterly margin right-
of-way of Broad Street at its termination; thence along the
terminus of Broad Street and passing over the northeasterly
margin of the right-of-way at 50 feet, S. 52 deg. 51' 01" E.
200.73 feet to an iron, a corner of the Roanoke Area Association
for Retarded Children, Inc. (DB 1349/122); thence with a line of
the Roanoke Area Association for Retarded Children, Inc. S. 40
deg. 05' 29" W. 713.32 feet to an iron, a corner of the City of
Roanoke Round Hill Elementary School property; thence with four
lines of the school property S. 40 deg. 07' 01" W. 750.20 feet to
an iron; thence S. 50 deg. 15' 42" E. 637.83 feet to an iron;
thence with the arc of a circular curve to the left having a
radius of 2714.79 feet, an arc distance of 313.08 feet (chord =
S. 53 deg. 33' 42" E. 312.91 feet) to an iron; thence N. 39 deg.
03' 18" E. 58.44 feet to an iron set on the northwesterly margin
of the right-of-way of Oakland Boulevard at its termination;
thence with the southwestern terminus of Oakland Boulevard S. 52
deg. 52' 42" E. 60.04 feet to an iron on the southeasterly margin
of the right-of-way of Oakland Boulevard; thence S. 39 deg. 03'
18" W. 99.82 feet to an iron set on the northeasterly margin of
Interstate Highway 581; thence with the margin of the highway
following the arc of a circular curve to the right having a
radius of 5604.58 feet, an arc distance of 1189.76 feet (chord =
N. 57 deg. 06' 04" W. 1187.52 feet) to a concrete monument;
thence continuing with the right-of-way of the highway N. 43 deg.
09' 17" W. 198.08 feet to a concrete monument; thence continuing
with the right-of-way of the highway; N. 48 deg. 42' 23" W.
149.90 feet to a concrete monument; thence continuing with the
right-of-way of the highway, N. 50 deg. 57' 13" W. 300.36 feet to
a concrete monument; thence continuing with the right-of-way of
the highway, N. 52 deg. 52' 16" W. 49.70 feet to an iron, the
point and place of BEGINNING encompassing 41.74 acres as shown on
a plat of survey entitled "Boundary Survey for Faison Associates"
By F. Donald Lawrence, CLS last revised March 20, 1996.
M#377680
0~
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0
0
ji
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I?
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0
%.
'TT
VIRGINIA:
BEFORE THE COUNCIL FOR THE CITY OF
IN RE:
Rezoning of a 1± acre tract of land
and a 40.74± acre portion of a tract
of land containing 72± acres bounded
by Interstate 581, Wal-Mart,
Round Hill School, ARC and the
properties adjacent to Huff Lane )
bearing Tax No. 2250103 and Tax )
No. 2250101 from LM Light Manufacturing )
District and RS-3 Residential District )
to C-2 General Commercial District, )
such rezoning to be subject to )
certain conditions )
TO THE HONOPJtBLE MAYOR AND MEMBERS OF THE
OF ROANOKE
ROANOKE
PROFFERED CONDITIONS
COUNCIL FOR THE CITY
WOODS, ROGERS
& HAZI FGROVE ~
The Petitioners hereby proffer and agree that, if the
Property is rezoned as requested, the rezoning will be subject
to and Petitioners will abide by the following proffered
conditions.
1. The proposed development shall be built in
substantial conformity with the attached Watts Rezoning Plan
1, Revised, prepared by Hill Studios, P.C. dated 12/12/96, a
copy of which is attached to this Petition as Exhibit C,
subject to comprehensive development plan review and approval
by the Roanoke City Planning Commission.
2. No certificates of occupancy shall be issued for any
new structures on the Property until such time as the proposed
interchange on 1-581 and the access road (Valley View
Boulevard Extended) are constructed and are operational.
M#377543
WOODS, ROGERS
& HAZiE~ROVE
- 2 -
3. A landscaped greenspace a minimum of 75 feet wide,
adjacent to the residential property along Huff Lane/Greenland
Avenue, with a six feet high berm and a black vinyl coated
chain-link fence six feet high shall be constructed, planted
and maintained by the Property owner until such time as
ownership of the landscaped greenspace can be conveyed to the
Western Virginia Land Trust or other organization acceptable
to the City of Roanoke. In the event that the issue of
ownership of the landscaped greenspace cannot be resolved, the
berm, vinyl coated chain-link fence and landscaping shall be
maintained by the Property owner.
4. All lighting on the Property shall consist of
lighting fixtures designed with shields that prevent any
illumination of adjoining residential neighborhoods.
5. All dumpsters, loading docks, and heating/air
conditioning and handling units located on the Property shall
be screened from public view from adjacent properties by
landscaping, masonry or metal screen walls.
6. There shall be no motorized vehicular access from
the Property to the adjacent residential neighborhood.
7. Pedestrian access between the Property and the
adjacent residential neighborhood will be provided only as
requested by the City of Roanoke.
8. The exterior architectural treatment of buildings on
the Property and shall be consistent with Commercial buildings
M#377543
WOODS, ROGERS
& HA2:LEGROVE
3
at Valley View Mall and have the same level of architectural
detail on all sides.
9. The Property owner shall dedicate that portion of
the right-of-way located on the Property which is required for
' the construction of the interchange on 1-581 and for the
access road, Valley View Boulevard Extended, in the general
configuration shown on the attached Exhibit C and shall
construct the access road upon final agreement with the
Virginia Department of Transportation, the City of Roanoke and
affected property owners.
10. The proposed access road, Valley View Boulevard
Extended, shall be a four-lane road with an eighty foot wide
right-of-way constructed to Virginia Department of
Transportation standards with landscaped median and street
trees with a minimum of 3 inch calliper on 50 foot centers
along both sides of the road. A sidewalk/bicycle path will
be constructed on the north westerly side of Valley View
Boulevard Extended from the edge of the parking lot adjacent
to 1-581 to the Wal-Mart property line if pedestrian/bicycle
access is provided on the 1-581 Valley View Boulevard Extended
overpass.
11. Landscaping for the parking area located on the
north-westerly side of Valley View Boulevard Extended will be
consistent with the landscaping of the parking area of Valley
View Mall. Landscaping of the 75 foot wide landscaped
M#377543
- 4
greenspace will be in substantial conformity with the attached
typical 100 foot section of the landscaped greenspace prepared
by Hill Studios, P.C. dated February 28, 1997.
12. Landscaping of the 75 foot wide landscaped
greenspace and along Valley View Boulevard Extended will be
completed within one year of occupancy of any parcel on the
Property.
13. No fast food restaurants, as defined in the Roanoke
City Zoning Ordinance, shall be permitted on the Property.
14. There will be no outdoor advertising structures or
free standing sign structures on the Property other than
directional signs and an entrance sign adjacent to Valley View
Boulevard Extended indicating entities located on the
Property. Occupant identification signs on buildings located
on the Property will be consistent with Valley View Mall.
WOODS, ROGERS
& HAZI.F~E~
M#377543
TIlE ROANOgI
Ad Number: 40434358
Publisher's Fee: $147.20
Woods, Rogers & Hazelgrove
P.O. Box 14125
Roanoke, VA 24038-4125
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:
04/04/97
FULL RUN - Friday
04/1 1/97
FULL RUN - Friday
Witness, this 21st day of April, 1997.
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, April 21,
1997, 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, and RS-3, Single Family
Residential District, to C-2, General Commercial District, the
following property:
A 1~ acre tract of land, and a 40.74+ acre portion of a
tract of land containing 72~ acres bounded by Interstate
581, Wal-Mart, Round Hill Elementary School, ARC
Roanoke, Inc., and the properties adjacent to Huff Lane,
N.W., and bearing Official Tax Nos. 2250103 and 2250101,
respectively, subject to certain proffered ccnditions.
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 2nd day of April , 1997.
Mary F. Parker, City Clerk.
Publish in the Roanoke Tribune. once on Thursday, April 17, 1997.
Send publisher's affidavit to:
Mary F. Parker, City Clerk
Room 456, Municipal Building
215 Church Avenue, S. W.
Roanoke, Virginia 24011-1536
Send bill to:
James F. Douthat, Attorney
Woods, Rogers & Hazlegrove
P. O. Box 14125
Roanoke, Virginia 24038-4125
Publish in the Roanoke Times, once on Friday, April 4, 1997, and once on Friday, April 11,
1997.
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
James F. Douthat, Attorney
Woods, Rogers & Hazlegrove
P. O. Box 14125
Roanoke, Virginia 24038-4125
The Honorable Mayor Bowers and Members Of City Council
The Roanoke City Public Schools support the rezoning request of the
Association for Retarded Citizens and Faison Realty Equities, Inc. in order to
make best use of the property adjacent to Round Hill Primary School and to
facilitate the construction of a new access road into the Valley View Mall
area. The proposed development and access road will create
environmental problems for both Round Hill and Huff Lane Schools in
terms of noise, air pollution, and aesthetic conditions adjacent to school
properties. These conditions will require that certain improvements be
made to the school facilities and properties in order to alleviate hazards
which may be harmful to student learning and safety.
The School Administration has been working with the developer and
City officials to ensure that appropriate measures are taken to mitigate the
effects of the rezoning on school properties. The School Board appreciates
their efforts on behalf of children. We are confident that the necessary
landscaping and facility modifications will be made to assure the safety of
children and the maintenance of a harmonious instructional climate at both
schools.
TO:
FROM:
DATE:
SUBJECT:
MAYOR BOWERS AND MEMBERS OF ROANOKE CITY COUNCIL
BRIAN CHUBB AND CITIZENS OF THE ROUND HILL - HUFF LANE COMMUNITY
April 21, 1997
PROPOSED ACCESS ROAD TO VALLEY VIEW MALL AND OUR COMMUNITY
Thank you for giving me the opportunity to speak to you, In the interest of time, I will
be the spokesperson for the Huff Lane Micro Village and Round Hill community.
Accompanying me tonight are parents and members of this community that share
my same concerns.
While we support commercial growth for the Roanoke Valley, and understand the
need for additional access to Valley View, we do have some concerns and questions
due to the proximity of the new access road to our schools, Huff Lane Micro Village
and Round Hill Primary,
We have three areas of concern:
1. preserving and maintaining the safety of our children and community residents,
2. preserving and maintaining quality instructional programs at Huff Lane and
Round Hill, and
3. maintaining the aesthetics and environment of both school and the community.
Here are some of the questions that we would like for you to respond to:
1. Will there be appropriate barriers and large scale landscaping to reduce access to
and from the school'properties?
2. Will there be barriers placed accordingly to reduce the traffic noise on the school
property?
3. Will Huff Lane and Round Hill be equipped with adequate heating and cooling
systems to eliminate or reduce vehicular pollution that may endanger the health of
our children?
4, Will Huff Lane and Round Hill be adequately insulated to absorb traffic noise so
that we can maintain quality instructional programs for our child at Round Hill and
Huff Lane that we are accustomed to?
Thank you for this forum to express our concerns about the well being of our children
and community. We are appreciative of Roanoke City Council's continued support
of the Roanoke City School system.
H
ROANOKE VALLEY AREA METROPOL!T'AN PLANN]'NG ORGAN1'ZA-I-~ON
a division of the
Fi~ch Planning District Commission ~
Post Office Box 2569 ~ Pr: 5q~-3q. 3-q.4.17
313 Luck Avenue, SW ~ fl~C~) Fax: 5a~O-3q.3-~.cq.16
Roanoke, Virginia 2~010 E-mail: planfive@infi.net
'April21,1997
Roanoke City Council
215 Church Avenue, SW
Roanoke, VA 24011
RE: Watts/ARC Rezonlng
Dear Mayor Bowers and Council Members:
We appreciate this opportunity to address transportation issues related to the Watts/ARC
rezonJng. The Roanoke Valley Area Metropolitan Planning Organization (IV[PO) wish that
Roanoke City would consider providing pedestrian and bicycle accommodation facilities on the
proposed 1-581 overpass. According to the proffer, the pedestrian and bicycle facilities will be
constructed on the extension of Valley View Boulevard only if pedestrian/bicycle access is
provided on the 1-581 Valley View Boulevard extended overpass. Therefore, bicycle and
pedestrian access to the Valley View Mall area is contingent on the proposed design on the 1-581
Valley View Boulevard extended overpass. If bicycle and pedestrian facilities are provided on
the proposed 1-581 overpass, then a trail or greenway may be extended from the southwestern
end of the overpass to Lick Run Creek where both Roanoke City's Comprehensive Plan and The
Roanoke Valley Conceptual Greenway have designated Lick Run Creek as a potential trail or
greenway.
On April 25, 1996, the Roanoke Valley Area Metropolitan Planning Organization (MPO)
approved the City's requested amendment to the Roanoke Valley Area Long-Range
Transportation Plan (1995-2015) to include the proposed interchange on 1-581 approximately
one mile south of Hershberger Road. The adopted MPO resolution states, "Whereas, the
proposed amendment ..... should be coordinated with A Roanoke Vision: Comprehensive Plan
for Roanoke Ci_ty (1985 -2005) and the Roanoke Valley Conceptual Greenway Plan." The City's
Comprehensive Plan and the Greenway Plan are proposing a trail along Lick Run Creek just
southwest of the proposed 1-581 interchange. The proposed Roanoke Valley Area Bikeway Plan
also recommends a bicycle facility improvement on this 1-581 overpass. The Greenway Plan
further suggests a route connecting Valley View Mall to Lick Run Creek. This 1-581 overpass
with the appropriate bicycle and pedestrian accommodation facilities is the strategic connection
between Valley View Mall and Lick Run Creek which would encourage safer pedestrian and
bicycle access and serve as a means to reduce vehicle traffic to the mall.
The Roanoke Valley Area MPO recognizes the strategic importance of this connection in the
development of an intermodal based transportation system for this region. An intermodal based
Members: Botetourt County, City of Roanoke, loanoke County, City of Salem, Town of Vi nton,
Fir>ch Planning District Commission, Roanoke Regional Airport~ Greater Roanoke Transit Company,
Virginia Department of Transportation, Virginia Department of Rall and Public Transportation
transportation system is absolute necessary to move people and goods in an efficient manner for
it provides sensible, logical, and meaningful alternative modes of traveling and offers a range of
transportation modal choices to the public.
The Roanoke Regional Chamber of Commerce's Study on the Future of Transportation in
Southwestern and $outhside Virginia identifies greenways and bikeways as important
transportation infrastructure. Everyone acknowledges that a city's infrastructure investment
plays an important role in enhancing the city's overall quality oSlife. A city's economic future
and social well being often lie in the types of infrastructure investment committed by elected city
officials. Our hope is that the Roanoke City Council would consider providing bicycle and
pedestrian accommodation facilities on the proposed 1-581 overpass. This investment will
ensure transportation modal choices and improve the area's quality of life which would benefit
area residents for many years to come.
Sincer, ely ,,
Anson Gock, Chief of Transportation
CC: Mr. 3'. Lee E. Osbome, Chair of the Roanoke Valley Area MPO
^PR.-21'97(MON} 14:31 VDOT-TPD TEL:8042254785 P. O01
Virginia Department of Transportation
Transportation Planning Division
FAX TRANSMITTAL
To:
Barbara Duerk
Phone: (540) 343-1616
Fax: (540) 342-6181
From:
Susan H. Simmers
Phone: 371-4869
Fax: 225-4785
Subject: Questions on 1-581 project
Jcc aon pedestrain/bicycle design requirements be reduced/changed to minimize
st?
Already squeezing the minimum J! Any bridge carrying a trail should to
maintain the width of the trail, plus a two foot clear distance on either side.
A positive barrier is required between the motor vehicle lanes and the bike
path. Please refer to "attached" figure A-5-8 for VDOT design guidelines.
/~ In Chesapeake, the bike route was routed onto the sidewalk, to cross the
ramps and the bridge over the interstate. The sidewalk is e~ther 5 or 6 feet
wide.
Is there any CM,~ Q money available to supplement local dollars?
CMAQ money is only available for non-attainment areas. Roanoke is not a
non-attainment area.
Is there regional safety money available to encourage persons to use an
optional travel corridor, Valley View interchange, instead of the Hershberger
Road pedestrain/bicycle access to Valley View MaE?
Safety funds are eligble for spot improvements to correct existing hazardous
conditions. Projects must compete for safety funding.
APR.-21'971MON} I4:31 VDOT-TPD TEL:f1042254755 P, O02
What design or funding strategies have been successfully implemented by
other localities to address traffic reduction, air quality concerns and
transportaiton options for citizens without motor/zed vehicles?
enhancement funding, CMAQ funding, 13rojects included in long range plans,
highway projects
I was not able to find any information on the situation with the developer
paying for the engineering.
Number of pages:
APR,-2i'971MONI 14:31VDOT-TPO TEL:8042254785 P, O03
A-97 00/gS)
the 13ridge
0ne-Way Bike Paths Where Posted Vehicle Speed Limit Is 55 MPH And Less
Gicycl[sts use the bike path
r'-~ '"'~';- . ¢'-
[~e ~ne¢ barrier.
One-Way B~e Paths Where Posted Vehlcle Speed L~mit ~s Greeter Then 55 IdPH
And NlS;luotlon$ With Two-Way Bilge Paths
Figure A-5-8
BICYCLE PATHS ON BRIDGES
April 21, 1997
Roanoke City. Council Members
My remarks refer to the rezoning request of Faison Realty Equities, Inc. and are
restricted to the two out-parcels located on the N.E. side of the proposed Valley
View Boulevard extension and adjacent to the residential properties on Greenland
Avenue from Broad Street to Huff Lane Park.
My ultimate request is that you do not rezone this area in order to give the
neighborhood a greater buffer between them and the business area. My reasons
are that the requested C-2 zoning is not restrictive at all and we who own homes in
this area will be subjected to the sights and sounds accompanying any business
that the owner decides to allow in this area.
True, the owner has agreed to build fence and plant a 75' greenway complete with
a 6' mound of soil, but our properties along here slope toward the subject property.
My basement floor will be approximately the same elevation as the top of the
mound. My family lives on the main floor (one story up) and the mound is not
going to block any sound.
The greenway, unless planted with very large trees initially, will not block any
views of the businesses for 15 - 20 years. It will simply be a 75' strip of land with
small pines and hardwoods which will take a very, long time to grow up to look as
the artist's conception on the plans.
This leaves those of us living here, looking directly down into the back of whatever
is there. Our view will be of the garbage cans or dumpster, trash cans, empty
boxes and other things that the customers will not sec.
The high visibility and vulnerability will only degrade our life style and property
value. I cannot see any gain for the neighborhood.
My request is fbr you, The City Council, to help assure that we do not end up with
24 hour convenience stores, or similar businesses in back of our homes, but rather
consider, at the very least, a C-1 zoning which would go further toward having a
doctor's or dentist's office, a bank, or other establishments that are more eight hour
a day businesses so close to our back yards.
Thank you for your time.
Sincerely,
David I. Wood
H
ROANOKE VALLEY AREA METROPOL~-AN PLANNING ORGANIZATION
Post Office Box 2569
313 Luck Avenue, SW
Roanoke, Virginia 24010
a division of the
Fi~ch Planning District Commission
Ph: 5qO-3%3-z~17
Fax: 5~-3&3.Zl~16
E-mail: planfive@infi.net
· April 21, 1997
Roanoke City Council
215 Church Avenue, SW
Roanoke, VA 24011
RE: Watts/ARC Rezoning
Dear Mayor Bowers and Council Members:
We appreciate this oppommity to address transportation issues related to the Watts/ARC
rezoning. The Roanoke Valley Area Metropolitan Planning Organization (MPO) wish that
Roanoke City would consider providing pedestrian and bicycle accommodation facilities on the
proposed 1-581 overpass. According to the proffer, the pedestrian and bicycle facilities will be
constructed on the extension of Valley View Boulevard only if pedestrian/bicycle access is
provided on the 1-581 Valley View Boulevard extended overpass. Therefore, bicycle and
pedestrian access to the Valley View Mall area is contingent on the proposed design on the 1-581
Valley View Boulevard extended overpass. If bicycle and pedestrian facilities are provided on
the proposed 1-581 overpass, then a trail or greenway may be extended from the southwestern
end of the overpass to Lick Run Creek where both Roanoke City's Comprehensive Plan and The
Roanoke Valley Conceptual Greenway have designated Lick Run Creek as a potential trail or
greenway.
On April 25, 1996, the Roanoke Valley Area Metropolitan Planning Organization CMPO)
approved the City's requested amendment to the Roanoke Valley Area Long-Range
Transportation Plan (1995-2015) to include the proposed interchange on 1-581 approximately
one mile south of Hershberger Road. The adopted MPO resolution states, "Whereas, the
proposed amendment ..... should be coordinated with A Roanoke Vision: Comprehensive Plan
for Roanoke City (1985 -2005) and the Roanoke Valley Conceptual Greenway Plan" The City's
Comprehensive Plan and the Greenway Plan are proposing a trail along Lick Run Creek just
southwest of the proposed 1-581 interchange. The proposed Roanoke Valley Area Bikeway Plan
also recommends a bicycle facility improvement on this 1-581 overpass. The Greenway Plan
further suggests a route connecting Valley View Mall to Lick Run Creek. This 1-581 overpass
with the appropriate bicycle and pedestrian accommodation facilities is the strategic connection
between Valley View Mall and Lick Run Creek which would encourage safer pedestrian and
bicycle access and serve as a means to reduce vehicle traffic to the mall.
The Roanoke Valley Area MPO recognizes the strategic importance of this connection in the
development of an intermodal based transportation system for this region. An intermodal based
Members: 8otetourt County, City of Roanoke, Itoanoke County, City of Salem, Town of Vinton,
Fifth Planning District Commission, Roanoke Regional Airport, Greater Roanoke Transit Company,
Virginia Department of Transportatlon, Virginia Department of Rail and Public Transportation
transportation system is absolute necessary to move people and goods in an efficient manner for
it provides sensible, logical, and meaningful alternative modes of traveling and offers a range of
transportation modal choices to the public.
The Roanoke Regional Chamber of Commerce's Study on the Future of Transportation in
Southwestern and Southside ~'irginia identifies greenways and bikeways as important
transportation infrastructure. Everyone acknowledges that a city's infrastructure investment
plays an important role in enhancing the city's overall quality of life. A city's economic future
and social well being often lie in the types of infrastructure investment committed by elected city
officials. Our hope is that the Roanoke City Council would consider providing bicycle and
pedestrian accormnodation facilities on the proposed 1-581 overpass. This investment will
ensure transportation modal choices and improve the area's quality of life which would benefit
area residents for many years to come.
Sincerely /.
Anson Gock, Chief of Transportation
CC: Mr. J. Lee E. Osborne, Chair of the Roanoke Valley Area MPO
Apr- 17-97 02: 50P 5thPDC Roanoke VA
To:
From:
Rc:
1-58! l,ntcrch~c PPMS 16,~4
D~r Mr. Lanu:
BACKOROUIqD
· r~ b~idg~e crossing Io~$1 (V~gley! View Iaterehs%,~) ~ ~ ~
~ay ~ f~ ~ a~ v~ ~ a ~0~ ~ ~ 27.
· P~ T~ ~~d ~,~ ~ 8 1~ ' * -- -
. - , y , ~ ~
s~ of ~ c~. ~ ~, ~ ~ ~xi~y ~ ~le
~de~ 1~ ~ ~ ~ o~ ~ ~e~ ~t~ ~t ~ ~ ~ not
~m~, ~ ~d ~hmls.
....... - .... ; . - --~
M~ m ~m~ ~ ~ ~ Ci~ C~I ~ ~m~ 16, 1~, for
APR-I?-1997 15:22 548 343 4419 96X P.O1
ApY'-17-97 02;$0P 5thPoc Roanoke VA 540 343 4417 P 02
· a~, r~.~ ~u~'~u."o~ ~00.~
pedestrian ~ bicycle accommodations to be inctuded in the request I~ Idanem and Cra~.
. . u~,tmen m me ,ntercnangc aesl~q, th~, c~ty needed to
p~mt~mn fi'om VDOT. Enclos~l is a lct~ from VDOT d~*._~_ March ~4, 1997, statin~ that
a bicycle/pedestrian f~lity could be accomilloda~d.
Entre f0110wmg information is hesrs~y. Mr. Fred }CiJff~e~, Ill (~04~ 7~,~-~'~'t~ '~
pedestrians and bicyclist. The exit ~peed i~ pfob~¥ .,~.. ~o be 3'~,~-~T '~,-'-'-~'""'"'~. -
~.rc~au~c with ~ffic only emenn2 a~d exitin~ from ~e Sm~. Tr~ volume could
itional 12 feet (10 feet pl,,s $ feet of I~anier) to
be $375,000. The City lvftan~e~ has ~ NO to tl~ addi~kmal cost. ~.~ inmrcha~e is
being fundcd wi~ I00~ local funds.
~e l~nisan request to n~one Huff Farm p~ goes before cit~ ~ April 21.
.Pegtioncrs ~ave ~ ~o bu~ s~-walln to axuuect to t~e Veite~
included in the bridge dcsi~l.
I~U~ST/PI.EA FOR ASSISTANCE
Is there any CMAQ money avail~le to supplement loctl
I$ their regional s~ety money avagable to cnc$~ra~e persons ~o use ~11 gl~ol~l tr~vel
corridor, Velley Vmw in--ge, inst,.~a of t~e F..ershbcrgez Road pedestrian/bicycle ~ccess
to V~lley View
W~ design or fundin~ stra~c~ms I~ve been successf~ll~ in.emended b~
address tr'd_~c reduction, ~r qunl~ conc~s and ltnnspoz~afion options ~o~ loeadhies
mot~zed vehi~es? , citizens without
Bnzbara Duerk
2607 Ro~fi~l Ave., $.W.
Roanoke, VA 24014
FAX 540-342-6181 e mail/~rb~ary~Rev.ne~
A?R-i?-1997 15:22 540 34~ 44i?
P. 02
Apr-17-97 02:SOP 5thPOC Roanok~ VA
COMMONWEALTH of VIR( INI^
O: y:
7:T.,;/
AOe,)
City of Roanoke
leO2 Courtland Road,
Roanoke, Virginia Z40I~
I-S61/Valley Vie~ BOulevard
Bicycle/Pedestrian &ccommodstione
Dear Bob:
This is in r~ference to your ~etter of $1n~ar 17 I '
into the feoeibil,ty of incorporating a bicycls~e~aetr,;~usrlng
facility V/th the proposed [ terchenge.
I have discussed this issue vith Mr. BOb HECarty of the FHWA
and he agrees thai a bicycle/pedestrian ~aclll~ could be
accommodated. VDO~ also conours that the facility could be
incorporated vl[h the design of the interchange.j
The City uill need to formally request
the limited access li~e on the vas2 side Of I-5~1 £o[ the
facility. ~e viii coordinate this request vithi~he FH~. Once
approval has been qained, ue viii vork vith the ~it¥ to provide a
safe and e[ticient bicycle/pedestrian facility through the
interchange area_
Please give me a call if you vish to diecu~m this turtber.
Sincere i¥, ~
Transportati~ Engineer/
Programs S~Pervisor
~ KE~.P VIRGINIA MOVING
aP[~-l?-I997 15:22 540 343 4417 96Y. P.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 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
SANDRA H. EAKIN
Deputy City Clerk
April 14, 1997
File #51
James F. Douthat, Attorney
Woods, Rogers & Hazlegrove
P. O. Box 14125
Roanoke, Virginia 24038-4125
T. L. Plunkett, Jr., Attorney
Plunkett, Logan & Oehlschlaeger
305 First Street, S. W.
Roanoke, Virginia 24011
Gentlemen:
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,
April 21, 1997, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the
request of Faison Realty Equities, Inc., and William Hunt Staples, et al, that a one acre+
and a 40.74+ acre tract of land, containing 72_+ acres bounded by Interstate 581,
Wal-Mart, Round Hill Elementary School, Roanoke Area Association for Retarded
Children, Inc., and properties adjacent to Huff Lane, N. W., described as Official Tax Nos.
2250103 and 2250101, respectively, be rezoned from LM, Light Manufacturing District,
and RS-3, Residential Single-Family District, to C-2, General Commercial District, subject
to certain conditions proffered by the petitioners.
For your information, I am enclosing copy of a notice of the public hearing, an Ordinance
and a report of the City Planning Commission with regard to the request for rezoning.
Please review the documents and if you have questions, you may contact Steven J. Talevi,
Assistant City Attorney, at 853-2431. Questions with regard to the Planning Commission
report should be directed to John R. Marlles, Chief of Planning and Community
Development, at 853-23~.~..
James F. Douthat
T. L. Plunkett, Jr.
April 14, 1997
Page 2
It will be necessary for you, or your representative, to be present at the April 21
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 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) 853-2541
Fax: (540) 853-1145
April 14, 1997
File #51
SANDRA H. EAKIN
Deputy City Clerk
James F. Douthat, Attorney
Woods, Rogers & Hazlegrove
P. O. Box 14125
Roanoke, Virginia 24038-4125
T. L. Plunkett, Jr., Attorney
Plunkett, Logan & Oehlschlaeger
305 First Street, S. W.
Roanoke, Virginia 24011
Gentlemen;
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,
April 21, 1997, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the
request of Faison Realty Equities, Inc., and William Hunt Staples, et al, that a one acre+
and a 40.74+ acre tract of-land, containing 72+ acres bounded by Interstate 581,
Wal-Mart, Round Hill Elementary School, Roanoke Area Association for Retarded
Children, Inc., and properties adjacent to Huff Lane, N. W., described as Official Tax Nos.
2250103 and 2250101, respectively, be rezoned from LM, Light Manufacturing District,
and RS-3, Residential Single-Family District, to C-2, General Commercial District, subject
to certain conditions proffered by the petitioners.
The City Planning Commission, by report dated April 21, 1997, is recommending approval
of the request inasmuch as the proposed zoning is a logical extension of the adjoining C-2,
General Commercial District, located to the west of the subject parcels; the proffered
conditions protect the adjacent residential neighborhood and promote quality commercial
development; and commercial development at this location is a more appropriate land use
than industrial or residential use.
If you have questio'ns with regard to the request for rezoning, please contact John R.
Marlles, Chief of Planning and Community Development, at 853-2344.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:sm
James F. Douthat
T. L. Plunkett, Jr.
April 14, 1997
Page 2
pc:
Mr. John J. Showalter, 3914 Greenland Avenue, N. W., Roanoke, Virginia 24012
Mr. and Mrs. Wayne Bowman, 3908 Greenland Avenue, N. W., Roanoke, Virginia
24012
Ms. Norma J. Ridenhour and Ms. Augusta J. Dillon, 3902 Greenland Avenue, N. W.,
Roanoke, Virginia 24012
Mr. and Mrs. John C. Perrine, 3836 Greenland Avenue, N. W., Roanoke, Virginia
24012
Mr. and Mrs. Billy D. Creger, 3822 Greenland Avenue, N. W., Roanoke, Virginia
24012
Ms. Sofia R. Dominguez, 1691 Mt. Pass Road, Troutville, Virginia 24175
Mr. and Mrs. David I. Wood, 3802 Greenland Avenue, N. W., Roanoke, Virginia
24012
Mr. and Mrs. John B. Noftsinger, 3730 Greenland Avenue, N. W., Roanoke, Virginia
24012
Mr. and Mrs. Randolph M. Mann, 3724 Greenland Avenue, N. W., Roanoke, Virginia
24012
Roanoke Area Association for Retarded Children, Inc., c/o Mr. Robert Huddleston,
P. O. Box 6157, Roanoke, Virginia 24017
Ms. Pamela L. Williams, 1422 Pleasant View Avenue, N. W., Roanoke, Virginia
24012
Roanoke Regional Airport Commission, c/o Cathy S. Pendleton, Secretary, 5202
Aviation Drive, N. W., Roanoke, Virginia 24012
Wal-Mart Stores, Inc., 702 Eighth Street, S. W., Bentonville, Arizona 72716
J. W. Burress, Inc., and Aeroflight, Inc., P. O. Box 719, Roanoke, Virginia 24004
Compass Group USA, Inc., 1231 Rockland Avenue, N. W., Roanoke, Virginia 24012
The Macke Co., P. O. Box 360, Roanoke, Virginia 24003
Five W Partnership, 1302 Rockland Avenue, N. W., Roanoke, Virginia 24012
Littlefield Adams & Co., 1302 Rockland Avenue, N. W., Roanoke, Virginia 24012
Mr. William ,~Vatts, 1272 Rockland Avenue, N. W., Roanoke, Virginia 24012
Mr. and Mrs. Philip J. Bolden, 1118 Nview Avenue, N. W., Roanoke, Virginia 24012
Mr. and Mrs. Richard W. Nott, 1718 Greenridge Road, Salem, Virginia 24153
Lester Enterprises, Inc., P. O. Box 7206, Norfolk, Virginia 23509
Heritage Acres, LL.C., P. O. Box 6777, Washington, D. C. 20020
Mr. John D. Childs, Sr., 1648 Norris Drive, N. W., Roanoke, Virginia 24017
Ms. Rita J. Price, 1645 Norris Drive, N. W., Roanoke, Virginia 24017
Habitat for Humanity, 1701 Cleveland Avenue, S. W., Roanoke, Virginia 24016
James F. Douthat
T. L. Plunkett, Jr.
April 14, 1997
Page 3
pc:
First Union Bank, Peter Huff Estate - Trust Department, P. O. Box 13327,
Roanoke, Virginia 24040
Huff Lane Elementary School, c/o Dr. E. Wayne Harris, Superintendent, Roanoke
City Public Schools
Round Hill Elementary School, c/o Dr. E. Wayne Harris, Superintendent, Roanoke
City Public Schools
Randall Eakin, President, Williamson Road Action Forum, 2535 Bowman Street,
N. W., Roanoke, Virginia 24012
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) 853-2541
Fax: (540) 853-1145
SANDRA H. EAKIN
Deputy Cily Clerk
April 2, 1997
File #51
John R. Marlles, Agent
City Planning Commission
Roanoke, Virginia
Dear Mr. Marlles:
Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended,
I am attaching copy of a second amended petition from James F. Douthat, Attorney,
representing Faison Realty Equities, Inc., and T. L. Plunkett, Jr., Attorney, representing
William Hunt Staples, et al, requesting that a one acre + and a 40.74 _+ acre tract of land,
containing 72+ acres bounded by 1-581 Wal-Mart, Round Hill Elementary School, Roanoke
Area Association for Retarded Children, Inc., and properties adjacent to Huff Lane, N. W.,
described as Official Tax Nos. 2250103 and 2250101, be rezoned from LM, Light
Manufacturing District, and RS-3, Residential Single-Family District, to C-2, General
Commercial District, subject to certain conditions proffered by the petitioners.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:sm
Enc.
John R. Marlles, Agent
City Planning Commission
April 2, 1997
Page 2
pc;
The Honorable Mayor and Members of the Roanoke City Council
James F. Douthat, Attorney, Woods, Rogers & Hazlegrove, P. O. Box 14125,
Roanoke, Virginia 24038-4125
T. L. Plunkett, Jr., Attorney, 305 First Street, S. W., Roanoke, Virginia 24011
Martha P. Franklin, Secretary, City Planning Commission
Evelyn D. Dorsey, Zoning Administrator
Ronald H. Miller, Building Commissioner
Steven J. Talevi, Assistant City Attorney
WOODS, ROGERS
& HA~I .KGROVE~
VIRGINIA:
BEFORE THE COUNCIL FOR THE CITY OF.~RDANOKE
IN RE:
Rezoning of a 1± acre tract of land
and a 40.74± acre portion of a tract
of land containing 72± acres bounded
by Interstate 581 Wal-Mart,
Round Hill School, ARC, and the
properties adjacent to Huff Lane SECOND AMENDED
bearing Tax No. 2250103 and Tax PETITION FOR
No. 2250101 from LM Light Manufacturing REZONING
District and RS-3 Residential District
to C-2 General Commercial District,
such rezoning to be subject to
certain conditions
TO THE HONOR-ABLE MAYOR AND MEMBERS OF THE COUNCIL FOR THE CITY
OF ROANOKE
1. Faison Realty Equities, Inc., has entered into an
agreement with Katherine Watts, Ellen Watts, Mary Watts
Crutchfield, M.D., Margaret Watts Turpin, Elizabeth Staples
Weber, Abram Penn Staples, Aelred Gylnn Staples, Anne Staples
Brooks, Sarah Staples McCaskill, Dennis Lee Staples, William
Hunt Staples, Jr., Allen Watts Staples, Jr., Jean Showalter
Strom-Olsen and John Strom-Olsen, English Showalter, Jr. and
Elaine Cottler Showalter, David Watts Showalter and Raena G.
Showalter to purchase two adjacent tracts of land the first,
bearing Tax No. 2250103, is shown on the tax maps to contain
1± acres and is currently zoned LM-Industrial District, and
the second is shown on the tax maps to contain 62.5309~ acres
and is currently zoned LM-Industrial and RS-3 Residential
District. Tract No. 2250103 containing iL acres and the
40.74± acre portion Tract No. 2250101 on the east side of I-
M::367130
WOODS, ROGERS
& HAZLEGROVE ~
2
581 are to be combined into one parcel containing 41.74± acres
as more particularly shown on attached Exhibit A (the
"Property").
2. The Property is unoccupied and is currently used for
agricultural purposes. Pursuant to 36.1-690, Code of the City
of Roanoke (1970), as amended, the Petitioner requests the
Property be rezoned from LM-Industrial District and RS-3
Residential District to C-2, General Commercial District,
subject to certain conditions, in order that the Property may
be used for commercial purposes.
3. The Property is adjacent to 14± acres owned by the
Association for Retarded Citizens ("ARC"), 8.769 acres of
which is the subject of a rezoning, with conditions, from RS-3
to C-2 which it is respectfully requested should be heard in
conjunction with this petition.
4. The Petitioners believe the rezoning of the Property
will further the intent and purpose of the City's zoning
ordinance and comprehensive plan in that it will allow the
Property to become the site of a major retail facility to be
constructed thereon and will allow the Property to be used in
a manner consistent with adjacent commercial property. The
proposed development and use will also result in an increase
in the real estate tax base of the City of Roanoke, provide
additional jobs to citizens of the City, conform to existing
commercial uses in the area and along Interstate 1-581, and
367130
WOODS, ROGERS
& HAZLEGROVE g
M~
- 3
cause the development of the Property to be consummated in a
practical and efficient matter.
5. The Petitioners hereby proffer and agree that, if
the Property is rezoned as requested, the rezoning will be
subject to and the Petitioners will abide by the conditions
shown on the attached Exhibit D, Proffered Conditions.
6. If necessary, a form 7460-1, Notice of Proposed
Construction, will be filed with the Federal Aviation
Administration for a determination by the FAA that the
construction would have no substantial adverse effect on the
safe and efficient utilization of the navigable air space or
on the operation of the air navigation facilities.
7. The following exhibits are attached hereto:
A. Legal Description.
B. Watts Rezoning Draft Plan 1, Revised, Roanoke,
Virginia by Hill Studio, P.C. dated 12/12/86.
C. Watts Rezoning Draft Plan 1, Revised, Roanoke,
Virginia, with ARC Rezoning, by Hill Studio,
P.C. dated 12/12/86.
D. Proffered Conditions.
E. Vicinity Map.
F. Adjacent Property Owners.
~67130
RESPECTFULLY SUBMITTED,
FAISON R~ALTY EQULT~ES, INC.
By ~__ /
.... ~ J~mes F. Doutha~,C-Esq.
- 4 -
James F. Douthat, Esq.
WOODS, ROGERS & HAZLEGROVE,
Dominion Tower, Suite 1400
10 South Jefferson Street
P.O. Box 14125
Roanoke, VA 24038-4125
(540) 983-7662
M$ ~67130
WILLIAMS HUNT STAPLES, ET AL.
/S/T.L. Plunkett, Jr., Esq.
By
By
T.L. Plunkett, Jr.,
/S/William Watts
Esq.
William Watts
by power of attorney
P.L.C.
LEGAL DESCRIPTION - WATTS PROPERTY EAST OF 1-581
BEGINNING at an iron found on the northeasterly margin of the rw
of Interstate Highway 581 marking the southernmost corner of
property of Wal-Mart Stores, Inc. as shown on plat recorded in
Map Book 1 page 300; thence with the lines of Wal-Mart Stores,
Inc. N. 19 deg. 52' 54" E. 456.81 feet to a point; thence N. 38
deg. 48' 39" E. 1064.03 feet to a point at the southernmost
corner of the City of Roanoke Huff Lane School property (DB
805/138) on the southern margin of Avalon Avenue; thence with the
margin of Avalon Avenue N. 38 deg. 48' 39" E. 335.03 feet to an
iron set at an extension of the western line of Round Hill
Terrace Subdivision (Map Book 1, Pg 93) where the Avalon Avenue
right-of-way narrows; thence with the three lines of Round Hill
Terrace Subdivision, S. 33 deg. 25' 48" E. (passing over an iron
at 26.25 feet) = 764.57 feet, to an iron; thence S. 45 deg. 53'
30" E. 120.33 feet to an iron on the northwesterly margin right-
of-way of Broad Street at its termination; thence along the
terminus of Broad Street and passing over the northeasterly
margin of the right-of-way at 50 feet, S. 52 deg. 51' 01" E.
200.73 feet to an iron, a corner of the Roanoke Area Association
for Retarded Children, Inc. (DB 1349/122); thence with a line of
the Roanoke Area Association for Retarded Children, Inc. S. 40
deg. 05' 29" W. 713.32 feet to an iron, a corner of the City of
Roanoke Round Hill Elementary School property; thence with four
lines of the school property S. 40 deg. 07' 01" W. 750.20 feet to
an iron; thence S. 50 deg. 15' 42" E. 637.83 feet to an iron;
thence with the arc.of a circular curve to the left having a
radius of 2714.79 feet, an arc distance of 313.08 feet (chord =
S. 53 deg. 33' 42" E. 312.91 feet) to an iron; thence N. 39 deg.
03' 18" E. 58.44 feet to an iron set on the northwesterly margin
of the right-of-way of Oakland Boulevard at its termination;
thence with the southwestern terminus of Oakland Boulevard S. 52
deg. 52' 42" E. 60.04 feet to an iron on the southeasterly margin
of the right-of-way of Oakland Boulevard; thence S. 39 deg. 03'
18" W. 99.82 feet to an iron set on the northeasterly margin of
Interstate Highway 581; thence with the margin of the highway
following the arc of a circular curve to the right having a
radius of 5604.58 feet, an arc distance of 1189.76 feet (chord =
N. 57 deg. 06' 04" W. 1187.52 feet) to a concrete monument;
thence continuing with the right-of-way of the highway N. 43 deg.
09' 17" W. 198.08 feet to a concrete monument; thence continuing
with the right-of-way of the highway; N. 48 deg. 42' 23" W.
149.90 feet to a concrete monument; thence continuing with the
right-of-way of the highway, N. 50 deg. 57' 13" W. 300.36 feet to
a concrete monument; thence continuing with the right-of-way of
the highway, N. 52 deg. 52' 16" W. 49.70 feet to an iron, the
point and place of BEGINNING encompassing 41.74 acres as shown on
a plat of survey entitled "Boundary Survey for Faison Associates"
By F. Donald Lawrence, CLS last revised March 20, 1996.
M#377680
O~
0
0
~).
0
EXHIBIT
Z
0
0
0
O
%.
~TT
VIRGINIA:
BEFORE THE COUNCIL FOR THE CITY OF ROANOKE
IN RE:
Rezoning of a 1± acre tract of land
and a 40.74± acre portion of a tract
of land containing 72± acres bounded
by Interstate 581, Wal-Mart,
Round Hill School, ARC and the
properties adjacent to Huff Lane
bearing Tax No. 2250103 and Tax
No. 2250101 from LM Light Manufacturing
District and RS-3 Residential District
to C-2 General Commercial District,
such rezoning to be subject to
certain conditions
PROFFERED CONDITIONS
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL FOR THE CITY
OF ROANOKE
WOODS, ROGERS
& IM~ FC~Y)V E ~
The Petitioners hereby proffer and agree that, if the
Property is rezoned as requested, the rezoning will be subject
to and Petitioners will abide by the following proffered
conditions.
1. The.proposed development shall be built in
substantial conformity with the attached Watts Rezoning Plan
1, Revised, prepared by Hill Studios, P.C. dated 12/12/96, a
copy of which is attached to this Petition as Exhibit C,
subject to comprehensive development plan review and approval
by the Roanoke City Planning Commission.
2. No certificates of occupancy shall be issued for any
new structures on the Property until such time as the proposed
interchange on 1-581 and the access road (Valley View
Boulevard Extended) are constructed and are operational.
M#377543
WOODS, ROGERS
& HAZLEGROVE !
3. A landscaped greenspace a minimum of 75 feet wide,
adjacent to the residential property along Huff Lane/Greenland
:Avenue, with a six feet high berm and a black vinyl coated
'chain-link fence six feet high shall be constructed, planted
~ and maintained by the Property owner until such time as
i' ownership of the landscaped greenspace can be conveyed to the
Western Virginia Land Trust or other organization acceptable
to the City of Roanoke· In the event that the issue of
ownership of the landscaped greenspace cannot be resolved, the
berm, vinyl coated chain-link fence and landscaping shall be
maintained by the Property owner.
4. Ail lighting on the Property shall consist of
lighting fixtures designed with shields that prevent any
illumination of adjoining residential neighborhoods.
5. All dumpsters, loading docks, and heating/air
conditioning and handling units located on the Property shall
be screened from public view from adjacent properties by
landscaping, masonry or metal screen walls.
6. There shall be no motorized vehicular access from
the Property to the adjacent residential neighborhood
7 Pedestrian access between the Property and the
adjacent residential neighborhood will be provided only as
requested by the City of Roanoke.
8. The exterior architectural treatment of buildings on
the Property and shall be consistent with Commercial buildings
M#377543
WOODS, ROGERS
& HAZLEGROVE
3
at Valley View Mall and have the same level of architectural
detail on all sides.
9. The Property owner shall dedicate that portion of
the right-of-way located on the Property which is required for
the construction of the interchange on 1-581 and for the
access road, Valley View Boulevard Extended, in the general
configuration shown on the attached Exhibit C and shall
construct the access road upon final agreement with the
Virginia Department of Transportation, the City of Roanoke and
affected property owners.
10. The proposed access road, Valley View Boulevard
Extended, shall be a four-lane road with an eighty foot wide
right-of-way constructed to Virginia Department of
Transportation standards with landscaped median and street
trees with a minimum of 3 inch calliper on 50 foot centers
along both sides of the road. A sidewalk/bicycle path will
be constructed on the north westerly side of Valley View
Boulevard Extended from the edge of the parking lot adjacent
to 1-581 to the Wal-Mart property line if pedestrian/bicycle
access is provided on the 1-581 Valley View Boulevard Extended
overpass.
11. Landscaping for the parking area located on the
north-westerly side of Valley View Boulevard Extended will be
consistent with the landscaping of the parking area of Valley
View Mall. Landscaping of the 75 foot wide landscaped
M~377543
- 4
greenspace will be in substantial conformity with the attached
typical 100 foot section of the landscaped greenspace prepared
by Hill Studios, P.C. dated February 28, 1997.
12. Landscaping of the 75 foot wide landscaped
greenspace and along Valley View Boulevard Extended will be
completed within one year of occupancy of any parcel on the
Property.
13. No fast food restaurants, as defined in the Roanoke
City Zoning Ordinance, shall be permitted on the Property.
14. There will be no outdoor advertising structures or
free s~anding sign structures on the Property other than
i directiona2 signs and an entrance sign adjacent to Valley View
.Boulevard Exte~?ded indicating entities located on the
~1 Property. Occupa~nt identification signs on buildings located
~ion the Property will be consistent with Valley View Mall.
~OODS, ROGERS
~ FGI~OVE~
M#377543
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, March 5, 1997,
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 Faison Realty Equities, Inc., represented by James F. Douthat, attorney, and William
Hunt Staples, et al, represented by T. L. Plunkett, Jr., attorney and William Watts by power of
attorney, that property described below be rezoned to C-2, General Commercial District, such
rezoning to be subject to certain conditions proffered by the petitioner: a one acre tract of land
located adjacent to the southerly boundary of property occupied by WalMart, bearing Official Tax
No. 2250103 and zoned RS-3, Residential Single Family District; and a 40.74 acre portion of a tract
of land bearing Official Tax No. 2250101, bounded by 1-581 on the west, WalMart and HuffLane
School properties on the north, Round Hill Elementary School and ARC properties on the south,
and residential property along the west side of Greenland Avenue, N.W., on the east, currently zoned
RS-3, Residential Single Family District and LM, Light Manufacturing 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, February 18, 1997 and Februaxy 25, 1997
Please bill:
James F. Douthat, Esq.
Woods, Rogers & Hazlegrove, PLC
P. O. Box 14125
Roanoke, VA 24038-4125
(540) 982-7662
Please send affidavit of publication to:
Department of Planning and Community Development
Room 162, Municipal Building
215 Church Avenue, S.W.
Roanoke, VA 24011
TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA
PERTAINING TO THE REZONING REQUEST OF:
Faison Realty Equities and William Hunt Staples, Official Tax Nos. 2250103)AFFIDAVIT
and pt. 2250101from RS-3 and LM to C-2, conditional )
COMMONWEALTH OF VIRGINIA )
) TO-VOT:
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 24th day of February, 1997, notices of a public hearing to be held on
the 5th day of March, 1997, on the rezoning captioned above to the owner or agent of the parcels
listed below at their last known address:
Parcel ~
East Side 1-581
2250501
2250502
2250503
2250504
2250505
2250506
2250507
2250508
2250509
2250510
2250601
2250602
John J. Showalter
Wayne and Mary Bowman
Norma Jean Ridenhour
Augusta J. Dillon
Belva or Harlin Perrine
John and Virgie Perrine
Billy and Alice Creger
Sofia R. Dominguez
David and Shirley Wood
John and Mary Nofsinger
Randolph and Jane Mann
3914GreeniandAvenue, NW
Roanoke, VA 24012
3908Greenland Avenue, NW
Roanoke, VA 24012
3902GreeniandAvenue, NW
Roanoke, VA 24012
3836Greenland Avenue, NW
Roanoke, VA 24012
3836GreeniandAvenue, NW
Roanoke, VA 24012
3822Greenland Avenue, NW
Roanoke, VA 24012
1691Mt. Pass Road
Troutville, VA 24175
3802GreenlandAvenue, NW
Roanoke, A 24012
3730 Greenland Avenue, NW
Roanoke, VA 24012
3724 Greenland Avenue, NW
Roanoke, VA 24012
2250105
2250102
2141401
2141412
2370102
2370101
Roanoke Area ARC
c/o Bob Huddleston
Round Hill Elementary School
Pamela L. Williams
Roanoke RegionalAirport Commission
Wal-Mart Stores, Inc.
HuffLane School
West Side ofi-581
2131302 J.W. Burress, Inc.
Aeroflight, Inc.
2130801 Compass Group USA, Inc.
The Macke Company
Five W Partnership
Littlefield Adams & Co.
William Watts
Philip J. and Lois Bolden
2130301
2130704
2130701
2130417
2130418
2130703
2241229
2240111
2240201
2240102
2130506
Richard and Vertie Nott
Lester Enterprises, Inc.
Heritage Acres LLC
John D. Childs, Sr.
Rita J. Price
Habitat for Humanity
P. O. Box 6157
Roanoke, VA 24017
1422 Pleasant View Ave
Roanoke, VA 24012
5202 Aviation Drive, NW
Roanoke, VA 24012
702 Eighth Street, SW
Bentonville, AR 72716
P. O. Box 719
Roanoke, VA 24004
1231 Rockland Avenue
Roanoke, VA 24012
P. O. Box 360
Roanoke, VA 24003
1302RocklandAvenue, NW
Roanoke, VA 24012
1302 Rockland Avenue, NW
Roanoke, VA 24012
1272 Rockland Avenue, NW
Roanoke, VA 24012
1118 Alview Avenue, NW
Roanoke, VA 24012
P. O. Box 26149
Roanoke, VA 23260
1718 Greenridge Road
Salem, VA 24153
P. O.Box 7206
Norfolk, VA 23509
P. O. Box 6777
Washington, DC 20020
1648 Norris Drive, NW
Roanoke, VA 24017
1645NorfisDrive, NW
Roanoke, VA 24017
1701ClevelandAvenue, SW
Roanoke, VA 24016
2360101
First National Exchange Bank
Peter HuffEstate - Trust Dept.
P. O. Box 13327
Roanoke, VA 24040
Martha Pace Franklin
SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia,
this 24th day of February, 1997
~otary ~'ubl~c ~r, ~
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) 853-2541
Fax: (540) 853-1145
SANDRA H. EAKIN
Deputy City Clerk
Mamh 3, 1997
File #51
John R. Mariles, Agent
City Planning Commission
Roanoke, Virginia
Dear Mr. Madles:
Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am
attaching copy of an amended petition from James F. Douthat, Attorney, representing Faison Realty
Equities, Inc., and T. L. Plunkett, Jr., Attorney, representing William Hunt Staples, et al, requesting
that a one acre _+ and a 40.74 _+ acre tract of land, containing 72+ acres bounded by 1-581 Wal-Mart,
Round Hill Elementary School, ARC Roanoke, Inc., and properties adjacent to Huff Lane, N. W.,
described as Official Tax Nos. 2250103 and 2250101, be rezoned from LM, Light Manufacturing
District, and RS-3, Residential Single-Family District, to C-2, General Commercial District, subject
to certain conditions proffered by the petitioners.
Sincerely, p~
Mary F. Parker, CMC/AAE
City Clerk
MFP:sm
Eric.
pc:
The Honorable Mayor and Members of the Roanoke City Council
James F. Douthat, Attorney, Woods, Rogers & Hazlegrove, P. O. Box 14125, Roanoke,
Virginia 24038-4125
T. L. Plunkett, Jr., Attorney, 305 First Street, S. W., Roanoke, Virginia 24011
Martha P. Franklin, Secretary, City Planning Commission
Evelyn D. Dorsey, Zoning Administrator
Ronald H. Miller, Building Commissioner
Steven J. Talevi, Assistant City Attorney
WOODS, ROGERS
& HAZI.I~GROVEr
VIRGINIA:
BEFORE THE COUNCIL FOR THE CITY OF ROANOKE
IN RE:
Rezoning of a 1± acre tract of land
and a 40.74± acre portion of a tract
of land containing 72± acres bounded
by Interstate 581 Wal-Mart,
Round Hill School, ARC, and the
properties adjacent to Huff Lane
bearing Tax No. 2250103 and Tax
No. 2250101 from LM Light Manufacturing
District and RS-3 Residential District
to C-2 General Commercial District,
such rezoning to be subject to
certain conditions
FIRST AMENDED
PETITION FOR
REZONING
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL FOR THE CITY
OF ROANOKE
1. Faison Realty Equities, Inc., has entered into an
agreement with Katherine Watts, Ellen Watts, Mary Watts
Crutchfield, M.D., Margaret Watts Turpin, Elizabeth Staples
Weber, Abram Penn Staples, Aelred Gylnn Staples, Anne Staples
Brooks, Sarah Staples McCaskill, Dennis Lee Staples, William
Hunt Staples, Jr., Allen Watts Staples, Jr., Jean Showalter
Strom-Olsen and John Strom-Olsen, English Showalter, Jr. and
Elaine Cottler Showalter, David Watts Showalter and Raena G.
Showalter to purchase two adjacent tracts of land the first,
bearing Tax No. 2250103, is shown on the tax maps to contain
1± acres and is currently zoned LM-Industrial District, and
the second is shown on the tax maps to contain 62.5309& acres
and is currently zoned LM-Industrial and RS-3 Residential
District. Tract No. 2250103 containing 1± acres and the
40.74± acre portion Tract No. 2250101 on the east side of I-
M~ ~67130
& HA~ VGROVE !
subject
be used
3.
2
581 are to be combined into one parcel containing 41.74± acres
as more particularly shown on attached Exhibit A (the
"Property").
2. The Property is unoccupied and is currently used for
agricultural purposes. Pursuant to 36.1-690, Code of the City
of Roanoke (1970), as amended, the Petitioner requests the
Property be rezoned from LM-Industrial District and RS-3
Residential District to C-2, General Commercial District,
to certain conditions, in order that the Property may
for commercial purposes.
The Property is adjacent to 14± acres owned by the
Association for Retarded Citizens ("ARC"), 8.769 acres of
which is the subject of a rezoning, with conditions, from RS-3
to C-2 which it is respectfully requested should be heard in
conjunction with this petition.
4. The Petitioners believe the rezoning of the Property
will further the intent and purpose of the City's zoning
ordinance and comprehensive plan in that it will allow the
Property to become the site of a major retail facility to be
constructed thereon and will allow the Property to be used in
a manner consistent with adjacent commercial property. The
proposed development and use will also result in an increase
in the real estate tax base of the City of Roanoke, provide
additional jobs to citizens of the City, conform to existing
commercial uses in the area and along Interstate 1-581, and
MS ~67130
WOODS, ROGERS
& HAZLEGROVE,~
3
cause the development of the Property to be consummated in a
practical and efficient matter.
5. The Petitioners hereby proffer and agree that, if
the Property is rezoned as requested, the rezoning will be
subject to and the Petitioners will abide by the conditions
shown on the attached Exhibit D, Proffered Conditions.
6. If necessary, a form 7460-1, Notice of Proposed
Construction, will be filed with the Federal Aviation
Administration for a determination by the FAA that the
construction would have no substantial adverse effect on the
safe and efficient utilization of the navigable air space or
on the operation of the air navigation facilities.
7. The following exhibits are attached hereto:
no
Do
Legal Description.
Watts Rezoning Draft Plan 1, Revised, Roanoke,
Virginia by Hill Studio, P.C. dated 12/12/86.
Watts Rezoning Draft Plan 1, Revised, Roanoke,
Virginia, with ARC Rezoning, by Hill Studio,
P.C. dated 12/12/86.
Proffered Conditions.
Vicinity Map.
Adjacent Property Owners.
67130
RESPECTFULLY SUBMITTED,
F AIS~LTY E_~QU~ INC.
James P. Douthat, ~-~q.
James F. Douthat, Esq.
WOODS, ROGERS & HAZLEGROVE,
Dominion Tower, Suite 1400
10 South Jefferson Street
P.O. Box 14125
Roanoke, VA 24038-4125
(540) 983-7662
T.L. PIu~,~/Jr., Esq.
By
William Watts
by power of attorney
P.L.C.
WOOD& ROGERS
& HA~ ~c~OVE ~
M~67130
LEGAL DESCRIPTION - WATTS PROPERTY EAST OF 1-581
BEGINNING at an iron found on the northeasterly margin of the rw
of Interstate Highway 581 marking the southernmost corner of
property of Wal-Mart Stores, Inc. as shown on plat recorded in
Map Book 1 page 300; thence with the lines of Wal-Mart Stores,
Inc. N. 19 deg. 52' 54" E. 456.81 feet to a point; thence N. 38
deg. 48' 39" E. 1064.03 feet to a point at the southernmost
corner of the City of Roanoke Huff Lane School property (DB
805/138) on the southern margin of Avalon Avenue; thence with the
margin of Avalon Avenue N. 38 deg. 48' 39" E. 335.03 feet to an
iron set at an extension of the western line of Round Hill
Terrace Subdivision (Map Book 1, Pg 93) where the Avalon Avenue
right-of-way narrows; thence with the three lines of Round Hill
Terrace Subdivision, S. 33 deg. 25' 48" E. (passing over an iron
at 26.25 feet) = 764.57 feet, to an iron; thence S. 45 deg. 53'
30" E. 120.33 feet to an iron on the northwesterly margin right-
of-way of Broad Street at its termination; thence along the
terminus of Broad Street and passing over the northeasterly
margin of the right-of-way at 50 feet, S. 52 deg. 51' 01" E.
200.73 feet to an iron, a corner of the Roanoke Area Association
for Retarded Children, Inc. (DB 1349/122); thence with a line of
the Roanoke Area Association for Retarded Children, Inc. S. 40
deg. 05' 29" W. 713.32 feet to an iron, a corner of the City of
Roanoke Round Hill Elementary School property; thence with four
lines of the school property S. 40 deg. 07' 01" W. 750.20 feet to
an iron; thence S. 50 deg. 15' 42" E. 637.83 feet to an iron;
thence with the arc of a circular curve to the left having a
radius of 2714.79 feet, an arc distance of 313.08 feet (chord =
S. 53 deg. 33' 42" E. 312.91 feet) to an iron; thence N. 39 deg.
03' 18" E. 58.44 feet to an iron set on the northwesterly margin
of the right-of-way of Oakland Boulevard at its termination;
thence with the southwestern terminus of Oakland Boulevard S. 52
deg. 52' 42" E. 60.04 feet to an iron on the southeasterly margin
of the right-of-way of Oakland Boulevard; thence S. 39 deg. 03'
18" W. 99.82 feet to an iron set on the northeasterly margin of
Interstate Highway 581; thence with the margin of the highway
following the arc of a circular curve to the right having a
radius of 5604.58 feet, an arc distance of 1189.76 feet (chord =
N. 57 deg. 06' 04" W. 1187.52 feet) to a concrete monument;
thence continuing with the right-of-way of the highway N. 43 deg.
09' 17" W. 198.08 feet to a concrete monument; thence continuing
with the right-of-way of the highway; N. 48 deg. 42' 23" W.
149.90 feet to a concrete monument; thence continuing with the
right-of-way of the highway, N. 50 deg. 57' 13" W. 300.36 feet to
a concrete monument; thence continuing with the right-of-way of
the highway, N. 52 deg. 52' 16" W. 49.70 feet to an iron, the
point and place of BEGINNING encompassing 41.74 acres as shown on
a plat of survey entitled "Boundary Survey for Faison Associates"
By F. Donald Lawrence, CLS last revised March 20, 1996.
M#377680
i 0
0
0
~ 0
0
VIRGINIA:
BEFORE THE COUNCIL FOR THE CITY OF ROANOKE
IN RE:
Rezoning of a 1± acre tract of land
and a 40.74± acre portion of a tract
of land containing 72± acres bounded
by Interstate 581, Wal-Mart,
Round Hill School, ARC and the
properties adjacent to Huff Lane
bearing Tax No. 2250103 and Tax
No. 2250101 from LM Light Manufacturing
District and RS-3 Residential District
to C-2 General Commercial District,
such rezoning to be subject to
certain conditions
PROFFERED CONDITIONS
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL FOR THE CITY
OF ROANOKE
WOODS, ROGERS
& HAZl I:P~Y)VE {:
The Petitioners hereby proffer and agree that, if the
Property is rezoned as requested, the rezoning will be subject
to and Petitioners will abide by the following proffered
conditions.
1. The proposed development shall be built in
substantial conformity with the attached Watts Rezoning Plan
1, Revised, prepared by Hill Studios, P.C. dated 12/12/96, a
copy of which is attached to this Petition as Exhibit C,
subject to comprehensive development plan review and approval
by the Roanoke City Planning Commission.
2. No certificates of occupancy shall be issued for any
new structures on the Property until such time as the proposed
interchange on 1-581 and the access road (Valley View
Boulevard Extended) are constructed and are operational.
:377543
2
3. A landscaped greenspace a minimum of 75 feet wide,
adjacent to the residential property along Huff Lane/Greenland
Avenue, with a six feet high berm and a black vinyl coated
chain-link fence six feet high shall be constructed, planted
and maintained by the Property owner until such time as
ownership of the landscaped greenspace can be conveyed to the
Western Virginia Land Trust or other organization acceptable
to the City of Roanoke. In the event that the issue of
ownership of the landscaped greenspace cannot be resolved, the
berm, vinyl coated chain-link fence and landscaping shall be
maintained by the Property owner.
4. All lighting on the Property shall consist of
lighting fixtures designed with shields that prevent any
illumination of adjoining residential neighborhoods.
5. All dumpsters, loading docks, and heating/air
conditioning and handling units located on the Property shall
be screened from public view from adjacent residential
properties by landscaping, masonry or metal screen walls.
6. There shall be no motorized vehicular access from
the Property to the adjacent residential neighborhood.
7. Pedestrian access between the Property and the
adjacent residential neighborhood will be provided only as
requested by the City of Roanoke.
8. The exterior architectural treatment of buildings on
the Property and shall be consistent with Commercial buildings
~377543
WOODS, ROGERS
3
at Valley View Mall and have the same level of architectural
detail on all sides.
9. The Property owner shall dedicate that portion of
the right-of-way located on the Property which is required for
the construction of the interchange on 1-581 and for the
access road, Valley View Boulevard Extended, in the general
configuration shown on the attached Exhibit C and shall
construct the access road upon final agreement with the
Virginia Department of Transportation, the City of Roanoke and
affected property owners.
10. The proposed access road, Valley View Boulevard
Extended, shall be a four-lane road with an eighty foot wide
right-of-way constructed to Virginia Department of
Transportation standards with landscaped median and street
trees with a minimum of 3 inch calliper on 50 foot centers
along both sides of the road. A sidewalk/bicycle path will
be constructed on the north westerly side of Valley View
Boulevard Extended from the edge of the parking lot adjacent
to 1-581 to the Wal-Mart property line if pedestrian/bicycle
access is provided on the 1-581 Valley View Boulevard Extended
overpass.
11. Landscaping for the parking area located on the
north-westerly side of Valley View Boulevard Extended will be
consistent with the landscaping of the parking area of Valley
View Mall. Landscaping of the 75 foot wide landscaped
M~:377543
- 4
greenspace will be in substantial conformity with the attached
typical 100 foot section of the landscaped greenspace prepared
by Hill Studios, P.C. dated February 28, 1997.
12. Landscaping of the 75 foot wide landscaped
greenspace and along Valley View Boulevard Extended will be
completed within one year of occupancy of any parcel on the
Property.
13. No fast food restaurants, as defined in the Roanoke
City Zoning Ordinance, shall be permitted on the Property.
woo s,
& H.iZLEGROVE ~
M#377543
~ATTS
TRACT
MUFF LANE
PARK
.I
ROUND HILL SCHOOL ~
il
II
il
ii
II
II
II
II
A~C
TRACT.
ADJACENT PROPERTY OWNERS
OF PARCEL ON EAST SIDE OF 1-581 TO BE REZONED
Address
Tax Map Num%ber
Wal-Mart Stores, Inc.
4807 Valley View Boulevard, NW
Roanoke VA
City of Roanoke Huff Lane
4412 Huff Lane, NW
Roanoke VA 24012
School
Roanoke Area Assoc.
P.O. Box 6157
Roanoke VA 24017
for Retarded Citizens
Trs. Valleyview Wesleyan Church
2302 Oakland Blvd. NW
Roanoke VA 24012
City of Roanoke Round Hill School
2020 Oakland Boulevard, NW
Roanoke VA 24012
John J. Showalter
3914 Greenland Ave.,
Roanoke VA 24012
Wayne C. and Mary E. Bowman
3908 Greenland Ave., NW
Roanoke, VA 24012
Norma Jean Ridenhour or
Augusta Jeanette Dillon
3902 Greenland Ave., NW
Roanoke, VA 24012
Belva or Harlin Perrine
3836 Greenland Ave., NW
Roanoke, ,VA 24012
John C. & Virgie C. Perrine
3836 Greenland Ave., NW
Roanoke, VA 24012
Billy Dean and Alice Marie Creger
3822 Greenland Ave., NW
Roanoke, VA 24012
2370102
2370101
2250105
2250104
2250102
2250501
2250502
2250503
2250504
2250505
2250506
2250507
2250508
M#367111 1
Sofia R. Dominguez
1691 Mt. Pass Rd.
Troutville, VA 24175
David I. and Shirley H. Wood
3802 Greenland Ave., NW
Roanoke, VA 24012
John B. and Mary K. Noftsinger
3730 Greenland Ave., NW
Roanoke VA 24012
Randolph M. and Jane S. Mann
3724 Greenland Ave., NW
Roanoke VA 24012
William H. and Alyce A. Gibbs
3710 Greenland Ave., NW
Roanoke VA 24012
Norma Findley Ramsey Cabinass
3702 Greenland Ave., NW
Roanoke VA 24012
Pamela Lea Williams
1242 Pleasant View Ave.,
Roanoke VA
Roanoke Regional Airport Commission
Hershberger Rd., NW
Roanoke VA 24012
PROPERTY OWI~ERS ADJACENT TO ARC
PROPERTY
Charles A. Saunders
3660 Greenland Ave.,
Roanoke, VA
Bruce Edwin and Peggy Ann Moyer
3652 Greenland Ave., NW
Roanoke, VA
Robert P. and Esther Marts Ruff
3646 Greenland Ave., NW
Roanoke, VA
Kirk E. and Janet R. Kessler
3638 Greenland Ave., NW
Roanoke, VA
2250509
2250510
2250601
2250602
2250603
2250604
2250605
2141401
2141412
2151501
2151502
2151503
2151504
M#367111 2
Virginia G. Jones
3634 Greenland Ave.,
Roanoke VA
George and Dora Lee Sorkine
3626 Greenland Ave., NW
Roanoke VA
John W. and Susan P. Coles
3620 Greenland Ave., NW
Roanoke VA
Eileen A. Russell
2328 Oakland Blvd., NW
Roanoke VA
Shirley P. Smith
2322 Oakland Blvd., NW
Roanoke VA
Linda C. Garner
3546 Greenland Ave.,
Roanoke VA
Allen T. & Mary Mo Wilson
2317 Oakland Blvd., NW
Roanoke VA
Helen K. Burner
3543 Courtland Ave.,
Roanoke VA
Helen K. Burner
2311 Oakland Blvd., and 2313
Roanoke VA
William J. and Kathy B.
3544 Courtland Ave., NW
Roanoke VA
Parenti
Donald F. and Mary B. Thomas
3541 Valley View Ave., NW
Roanoke VA
Earl L. and Opal T. Johnson
3544 Valley View Ave., NW
Roanoke VA 24012
Jackie L. Austin
1241 Greenhurst Ave.,
Roanoke VA
2151505
2151506
2151507
2151508
2151509
2140101
2140102
2140119
2140120
2140409
2140418
2140719
2140720
M#367111 3
Betty S. Fulton
1242 Greenhurst Ave.,
Roanoke, VA
Emmett W. and Audrey S. Taylor
1241 Pleasant View Ave., NW
Roanoke, VA
ADJACENT PROPERTY OW/qERS ON WEST SIDE
OF 1-581
William Watts
1272 Rockland Avenue, N.W.
Roanoke, VA 24012
Littlefield, Adams & Co
1302 Rockland Ave., N.W.
Roanoke, VA
J.W. Burress, Inc. and
Aeroflight, Incorporated
P.O. Box 719
Roanoke, VA 24004
Droperty address
1301 Rockland Ave., N.W.
The Macke Company
P.O. Box 360
Roanoke, VA 24003
property address
1231 Rockland Ave.,
Lester Enterprises
P.O. Box 7206
Norfolk, VA 23509
Droperty address
1122 Rockland Ave.,
Philip J., Jr. and Lois L. Bolden
P.O. Box 26149
Richmond, VA 23260
property address
1118 Alview Ave., NW
Richard W. and Vertie w. Nott
1718 Greenridge Rd.
Salem, VA 24153
property address
Tenth Street, N.W.
2141101
2141201
2130701
2130702
2130704
2131301
2131302
2130801
2130703
2130417
2130418
M#367111 4
Jean B. Showalter, et als.
1272 Rockland Ave., NW
Roanoke, VA 24012
property address
Oakland Boulevard N.W.
Harry Leslie Morgan, Jr.
1425 Syracuse Ave., NW
Roanoke, VA 24017
Julian R. and Rolanda S.
1419 Syracuse Ave., NW
Roanoke, VA
Moore
Stephen J. Miko
1016 Rockland Ave., NW
Roanoke, VA
Mural M. and Rachel M.
1411 Syracuse Ave., NW
Roanoke, VA 24017
Yuille
Joe G. & Odessa B. Williams
1309 Syracuse Ave., NW
Roanoke, VA 24017
Billie H. & Ruth L. Davis
1315 Syracuse Ave., NW
Roanoke, VA 24017
Owen M. Grogan, Jr. & Debra
1301 Syracuse Ave., NW
Roanoke, VA
Mural M. Yuille
1231 Syracuse Ave.,
1233
Roanoke, VA
SW and
Mural M. & Rachel M. Yuille
1225 Syracuse Ave., NW
and 1227
Roanoke, VA
Paul L. & Senia A. Smith
1219 Syracuse Ave., NW
Roanoke, VA
Christopher J. & Nancy W.
Divers
1213 Syracuse Ave., NW
Roanoke, VA
2259191
2250102
2131201
2131202
2130203
2131204
2131206
2131205
2131207
2131208
2131209
2131210
2131211
M#367111 5
Harris M. & Mabel P. Greene
1201 Syracuse Ave., NW
Roanoke, VA
Habitat for Humanity
1701 Cleveland Ave.,
Attn: Amy Moore
Roanoke, VA 24016
SW
Jean B. Showalter,
Oakland Blvd., NW
Roanoke VA
et als.
Carolyn Y. Clayborne
1531 Syracuse Ave., NW
Roanoke VA
William E. & Ervine Ray Ragin
1527 Syracuse Ave., NW
Roanoke VA
Raymond & Frances M. Douthat
1028 Hunt Ave., NW
Roanoke VA
Royal T. & Catherine Leftwich
1513 Syracuse Ave., NW
Roanoke VA
Geneva S. Dunnaville
1511 Syracuse Ave., NW
Roanoke VA
Johnny A. & Kathleen Alexander
1507 Syracuse Ave., NW
Roanoke VA
Lewis & Jeanette Buckner
1501 Syracuse Ave., NW
Roanoke VA
Brenda H. Vineyard
1435 Syracuse Ave.,
Roanoke VA
Vernard L. Mason
1519 Andrews Rd.,
Roanoke VA
2130501
2130502
2130503
2130504
2130505
2130506
2130507
2130508
2130509
2250101
2230105
2230106
2230107
2230109
2230110
2230111
2230112
2230201
2240224
M#367111 6
John Kosko
560 - Source 1 Mortgage Services Corp.
27555 Farmington Rd., Real Est. Dept.
Farmington Hills, MI 48334
Property address
1518 Andrews Rd., NW
Roanoke, VA
2240706
Heritage Acres, LLC
Ninteenth St., NW
Roanoke, VA
John D. Childs, Sr.
1648 Norris Dr., NW
Roanoke, VA
First Nat'l Ex. Bk Tr/Peter Huff
c/o First Union National Bank
P.O. Box 40062-TREM FL 1035
Jacksonville, FL 32203
Rita J. Price
1645 Norris Dr., NW
Roanoke VA
Joseph & Phyllis R.
1635 Norris Dr., NW
Roanoke , VA
Mack
Edgar H. and Edna M.
1627 Norris Dr., NW
Roanoke VA
Saunders
Susie B. Saunders
1621 Norris Dr., NW
Roanoke VA
Donald M. & Karen C.
1615 Norris Dr., NW
Roanoke VA
Richardson
Cordelia A. Johnson
1561 16th St., NW
Roanoke VA
Paul E. and Rowena H. Arrington
1557 Sixteenth St., NW
Roanoke VA
2241229
2240111
2360101
2240201
2240202
2240203
2240204
2240205
2240209
2240210
M#367111 7
Henry C. & Beverly A. Thomasson
1551 Sixteenth St., NW
Roanoke, VA
Laury P. Tolliver
1547 Sixteenth St.,
Roanoke, VA
Cathy D. Robertson & Inex M.
1541 Sixteenth St., NW
Roanoke VA
Terry
Vincent E. & Karen M. Noel
1537 Sixteenth St., NW
Roanoke VA
Constance E. Durham
1531 Sixteenth St.,
Roanoke VA
Norma C. Hale
1523 Sixteenth St.,
Roanoke VA
Carolyn M. and James D.
1517 16th Street, NW
Roanoke VA
Otey
William M. and Diane C. Ross
1513 Sixteenth Street, NW
Roanoke VA
Ralph L. Barnes
1507 Sixteenth Street,
Roanoke VA
Thomas Lee Boyd,
1541 Anderws Rd.,
Roanoke VA
Jr. and Sylvia L.
NW
Norma B. Poindexter
1535 Andrews Rd., NW
Roanoke VA
Reid Rufus & Alberta E.
1531 Andrews Rd., NW
Roanoke VA
Lawrence E. & John E. Hawkins
1525 Andrews Rd., NW
Roanoke VA
2240211
2240212
2240213
2240214
2240215
2240216
2240217
2240218
2240219
2240220
2240221
2240222
2240223
M#367111 8
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) 853-2541
Fax: (540) 853-1145
SANDRA H. EAKIN
Deputy City Clerk
February 10, 1997
File #51
John R. Medias, Agent
City Planning Commission
Roanoke, Virginia
Dear Mr. Madles:
Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am
attaching copy of a petition from James F. Douthat, Attorney, representing Faison Realty Equities,
Inc., and T. C. Plunkeff, Attorney, representing William Hunt Staples, et al, requesting that a one
acre _+ and a 40.74 _+. acre tract of land, containing 72 acres _+ bounded by 1-581 Wal-Mart, Round
Hill Elementary School, ARC Roanoke, Inc., and properties adjacent to Huff Lane, N. W., described
as Official Tax Nos. 2250103 and 2250101, be rezoned from LM, Light Manufacturing District, and
RS-3, Residential Single-Family District, to C-2, General Commercial District, subject to certain
conditions proffered by the petitioners.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:sm
Enc.
pc:
The Honorable Mayor and Members of the Roanoke City Council
James F. Douthat, Attorney, Woods, Rogers & Hazlegrove, P. O. Box 14125, Roanoke,
Virginia 24038-4125
T. L. Plunkett, Jr., Attorney, 305 First Street, S. W., Roanoke, Virginia 24011
Martha P. Franklin, Secretary, City Planning Commission
Evelyn D. Dorsey, Zoning Administrator
Ronald H. Miller, Building Commissioner
Steven J. Talevi, Assistant City Attorney
WOODS,
& HAZLEGROVE
VIRGINIA:
BEFORE THE COUNCIL FOR THE CITY 0F ROANOKE
IN RE:
Rezoning of a 1± acre tract of land
and a 40.74± acre portion of a tract
of land containing 72± acres bounded
by Interstate 581 Wal-Mart,
Round Hill School, ARC, and the
properties adjacent to Huff Lane
bearing Tax No. 2250103 and Tax
No. 2250101 from LM Light Manufacturing
District and RS-3 Residential District
to C-2 General Commercial District,
such rezoning to be subject to
certain conditions
PETITION FOR
REZONING
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL FOR THE CITY
OF ROANOKE
1. Faison Realty Equities, Inc., has entered into an
agreement with Katherine Watts, Ellen Watts, Mary Watts
Crutchfield, M.D., Margaret Watts Turpin, Elizabeth Staples
Weber, Abram Penn Staples, Aelred Gylnn Staples, Anne Staples
Brooks, Sarah Staples McCaskill, Dennis Lee Staples, William
Hunt Staples, Jr., Allen Watts Staples, Jr., Jean Showalter
Strom-Olsen and John Strom-Olsen, English Showalter, Jr. and
Elaine Cottler Showalter, David Watts Showalter and Raena G.
Showalter to purchase two adjacent tracts of land the first,
bearing Tax No. 2250103, is shown on the tax maps to contain
1± acres and is currently zoned LM-Industrial District, and
the second is shown on the tax maps to contain 62.5309± acres
and is currently zoned LM-Industrial and RS-3 Residential
District. Tract No. 2250103 containing 1± acres and the
40.74± acre portion Tract No. 2250101 on the east side of I-
367130
WOODS, ROGERS
& HAZ1 .FGROVE [:
2
581 are to be combined into one parcel containing 41.74± acres
as more particularly shown on attached Exhibit A (the
"Property").
2. The Property is unoccupied and is currently used for
agricultural purposes. Pursuant to 36.1-690, Code of the City
of Roanoke (1970), as amended, the Petitioner requests the
Property be rezoned from LM-Industrial District and RS-3
Residential District to C-2, General Commercial District,
subject to certain conditions, in order that the Property may
be used for commercial purposes.
3. The Property is adjacent to 14± acres owned by the
Association for Retarded Citizens ("ARC"), 8.769 acres of
which is the subject of a rezoning, with conditions, from RS-3
to C-2 which it is respectfully requested should be heard in
conjunction with this petition.
4. The Petitioners believe the rezoning of the Property
will further the intent and purpose of the City's zoning
ordinance and comprehensive plan in that it will allow the
Property to become the site of a major retail facility to be
constructed thereon and will allow the Property to be used in
a manner consistent with adjacent commercial property. The
proposed development and use will also result in an increase
in the real estate tax base of the City of Roanoke, provide
additional jobs to citizens of the City, conform to existing
commercial uses in the area and along Interstate 1-581, and
367130
WOODS, ROGERS
- 3
cause the development of the Property to be consummated in a
practical and efficient matter.
5. The Petitioners hereby proffer and agree that, if
the Property is rezoned as requested, the rezoning will be
subject to and the Petitioners will abide by the conditions
shown on the attached Exhibit D, Proffered Conditions.
6. If necessary, a form 7460-1, Notice of Proposed
Construction, will be filed with the Federal Aviation
Administration for a determination by the FAA that the
construction would have no substantial adverse effect on the
safe and efficient utilization of the navigable air space or
on the operation of the air navigation facilities.
7. The following exhibits are attached hereto:
A. Legal Description.
B. Watts Rezoning Draft Plan 1, Revised, Roanoke,
Virginia by Hill Studio, P.C. dated 12/12/86.
C. Watts Rezoning Draft Plan 1,
Virginia, with ARC Rezoning,
P.C. dated 12/12/86.
D. Proffered Conditions.
E. Vicinity Map.
F. Adjacent Property Owners.
Revised, Roanoke,
by Hill Studio,
RESPECTFULLY SUBMITTED,
FAISON R~ALTY EQUITIES, INC.
James F. Douthat, Esq.
MS ~67130
WOODS, ROGERS
& HA7] .Ft~,ROVE [
II
James F. Douthat, Esq.
WOODS, ROGERS & HAZLEGROVE,
Dominion Tower, Suite 1400
10 South Jefferson Street
P.O. Box 14125
Roanoke, VA 24038-4125
(540) 983-7662
WILLIAMS HUNT STAPLES, ET AL.
T.L. Plh~h~et~, Jr., Esq.
William Watts
by power of attorney
P.L.C.
MS 367130
LEGAL DESCRIPTION - WATTS PROPERTY EAST OF 1-581
BEGINNING at an iron found on the northeasterly margin of the rw
of Interstate Highway 581 marking the southernmost corner of
property of Wal-Mart Stores, Inc. as shown on plat recorded in
Map Book 1 page 300; thence with the lines of Wal-Mart Stores,
Inc. N. 19 deg. 52' 54" E. 456.81 feet to a point; thence N. 38
deg. 48' 39" E. 1064.03 feet to a point at the southernmost
corner of the City of Roanoke Huff Lane School property (DB
805/138) on the southern margin of Avalon Avenue; thence with the
margin of Avalon Avenue N. 38 deg. 48' 39" El 335.03 feet to an
iron set at an extension of the western line of Round Hill
Terrace Subdivision (Map Book 1, Pg 93) where the Avalon Avenue
right-of-way narrows; thence with the three lines of Round Hill
Terrace Subdivision, Si 33 deg. 25' 48" E. (passing over an iron
at 26.25 feet) = 764.57 feet, to an iron; thence S. 45 deg. 53'
30" E. 120.33 feet to an iron on the northwesterly margin right-
of-way of Broad Street at its termination; thence along the
terminus of Broad Street and passing over the northeasterly
margin of the right-of-way at 50 feet, S. 52 deg. 51' 01" E.
200.73 feet to an iron, a corner of the Roanoke Area Association
for Retarded Children, Inc. (DB 1349/122); thence with a line of
the Roanoke Area Association for Retarded Children, Incl S. 40
deg. 05' 29" W. 713.32 feet to an iron, a corner of the City of
Roanoke Round Hill Elementary School property; thence with four
lines of the school property S. 40 deg. 07' 01" W. 750.20 feet to
an iron; thence S. 50 deg. 15' 42" E. 637.83 feet to an iron;
thence with the arc of a circular curve to the left having a
radius of 2714.79 feet, an arc distance of 313.08 feet (chord =
S. 53 deg. 33' 42" E. 312.91 feet) to an iron; thence N. 39 deg.
03' 18" E. 58.44 feet to an iron set on the northwesterly margin
of the right-of-way of Oakland Boulevard at its termination;
thence with the southwestern terminus of Oakland Boulevard S. 52
deg. 52' 42" El 60.04 feet to an iron on the southeasterly margin
of the right-of-way of Oakland Boulevard; thence S. 39 deg. 03'
18" Wi 99.82 feet to an iron set on the northeasterly margin of
Interstate Highway 581; thence with the margin of the highway
following the arc of a circular curve to the right having a
radius of 5604.58 feet, an arc distance of 1189.76 feet (chord =
N. 57 deg. 06' 04" W. 1187.52 feet) to a concrete monument;
thence continuing with the right-of-way of the highway N. 43 deg.
09' 17" W. 198.08 feet to a concrete monument; thence continuing
with the right-of-way of the highway; N. 48 deg. 42' 23" W.
149.90 feet to a concrete monument; thence continuing with the
right-of-way of the highway, N. 50 deg. 57' 13" W. 300.36 feet to
a concrete monument; thence continuing with the right-of-way of
the highway, N. 52 deg. 52' 16" W. 49.70 feet to an iron, the
point and place of BEGINNING encompassing 4~.74 acres as shown on
a plat of survey entitled "Boundary Survey for Faison Associates"
By F. Donald Lawrence, CLS last revised March 20, 1996.
M#377680
!
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0
0
0
0
WOODS, ROGERS
& HA7.1 .Vf'uROVE [
VIRGINIA:
BEFORE THE COUNCIL FOR THE CITY OF ROANOKE
IN RE:
Rezoning of a 1± acre tract of land
and a 40.74± acre portion of a tract
of land containing 72± acres bounded
by Interstate 581, Wal-Mart,
Round Hill School, ARC and the
properties adjacent to Huff Lane
bearing Tax No. 2250103 and Tax
No. 2250101 from LM Light Manufacturing
District and RS-3 Residential District
to C-2 General Commercial District,
such rezoning to be subject to
certain conditions
PROFFERED CONDITIONS
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL FOR THE CITY
OF ROANOKE
The Petitioners hereby proffer and agree that, if the
Property is rezoned as requested, the rezoning will be subject
to and Petitioners will abide by the following proffered
conditions.
1. The proposed development shall be built in
substantial conformity with the attached Watts Rezoning Plan
1, Revised, prepared by Hill Studios, P.C. dated 12/12/96, a
copy of which is attached to this Petition as Exhibit B,
subject to comprehensive development plan review and approval
by the Roanoke City Planning Commission.
2. No certificates of occupancy shall be issued for any
new structures on the Property until such time as the proposed
interchange on 1-581 and the access road (Valley View
Boulevard Extended) are constructed and are operational.
M ~77543
WOODS, ROGERS
& HAZLEGROVE~
3. A landscaped greenspace a minimum of 75 feet wide
with a berm and a black or green vinyl coated chain-link fence
six feet high, shall be constructed, planted and maintained by
the Property owner until such time as ownership of the
landscaped greenspace can be conveyed to the Western Virginia
Land Trust or other organization acceptable to the City of
Roanoke. In the event that the issue of ownership of the
landscaped greenspace cannot be resolved, the berm, vinyl
coated chain-link fence and landscaping shall be maintained by
the Property owner.
4. All lighting on proposed out-parcels, including
lighting of the structures, signs, and parking lots located on
the proposed out parcels, shall be directed away from the
adjoining residential neighborhoods.
5. All dumpsters, loading docks, and heating/air
conditioning and handling units located on the Property shall
be screened from public view from adjacent residential
properties.
6. There shall be no vehicular access from the Property
to the adjacent residential neighborhood.
7. Pedestrian access between the Property and the
adjacent residential neighborhood will be provided only as
requested by the City of Roanoke.
8. The exterior treatment of the proposed building
adjacent to 1-581 shall be architecturally consistent with
377543
WOOD& ROGERS
& HAZLEGI~OVE !
3
commercial buildings at Valley View mall. The rear loading
and receiving areas of this building will be screened from 1-
581 and Wal-Mart by berms and plantings.
9. The exterior architectural treatment and landscaping
of buildings on the proposed out-parcels on the east side of
the access road, Valley View Boulevard Extended, shall be
consistent with other buildings at Valley View mall and the
exterior architectural treatment shall continue along the rear
of the buildings adjacent to the residential neighborhood.
10. The Property owner shall dedicate that portion of
the right-of-way located on the Property which is required for
the construction of the interchange on 1-581 and for the
access road, Valley View Boulevard Extended, in the general
configuration shown on the attached Exhibit B and shall
construct the access road upon final agreement with the
Virginia Department of Transportation, the City of Roanoke and
affected property owners.
11. The proposed access road, Valley View Boulevard
Extended, shall be a four-lane road constructed to Virginia
Department of Transportation standards with landscaped street
trees with a minimum of 3 inch calliper along both sides of
the road.
77543
WAL-MART
WATTS TRACT
ROUND HILL SCHOOL
Il
Ii
If
II
II
I[ ARC
TRACT.
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: (5401 853-2541
Fax: (540) 853-1145
SANDRA H. EAKIN
Deputy City Clerk
May 7, 1997
File #51-514
Edward A. Natt, Attorney
Osterhoudt, Ferguson, Naif,
Aheron & Agee, P.C.
1919 Electric Road, S. W.
Roanoke, Virginia 24014
Dear Mr. Natt:
I am enclosing copy of Ordinance No. 33361-050597 rezoning a 8.769+_.acre tract of land
located on the west side of Oakland Boulevard, N. W., described as Official Tax No.
2250105, from RS-3, Residential Single Family District, to C-2, General Commercial
District, subject to certain conditions proffered by the petitioner. The abovereferanced
measure was adopted by the Council of the City of Roanoke on first reading on Monday,
April 21, 1997, also adopted by the Council on second reading on Monday, May 5, 1997,
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, Natt,
Aheron & Agee, P.C.
May 7, 1997
Page 2
pc:
Ms. Jean B. Showalter, et al., 1272 Rockland Avenue~ N. W., Roanoke, Virginia
24012
Trustees of Valleyview Wesleyan Church, 2302 Oakland Boulevard, N. W.,
Roanoke, Virginia 24012
Mr. and Mrs. Randolph M. Mann, 3724 Greenland Avenue, N. W., Roanoke, Virginia
24012
Mr. and Mrs. William H. Gibbis, 3710 Greenland Avenue, N. W., Roanoke, Virginia
24012
Ms. and Mrs. Nesbitt E. Cole, 3702 Greenland Avenue, N. W., Roanoke, Virginia
24012
Ms. Jackie L. Austin, 1241 Greenhurst Avenue, N. W., Roanoke, Virginia 24012
Mr. and Mrs. Earl L. Johnston, 3544 Valley View Avenue, N. W., Roanoke, Virginia
24012
Mr. and Mrs. Donald F. Thomas, 3541 Valley View Avenue, N. W., Roanoke,
Virginia 24012
Mr. Charles A. Saunders, 3660 Greenland Avenue, N. W., Roanoke, Virginia
24012
Mr. and Mrs. Bruce E. Moyer, 3652 Greenland Avenue, N. W., Roanoke, Virginia
24012
Mr. and Mrs. Robert P. Ruff, 3646 Greenland Avenue, N. W., Roanoke, Virginia
24012
Mr. and Mrs. William Parenti, 3544 Courtland Avenue, N. W., Roanoke, Virginia
24012
Mr. and Mrs. Kirk Kessler, 3638 Greenland Avenue, N. W., Roanoke, Virginia
24012
Huff Lane Elementary School, c/o of Dr. E. Wayne Hards, Superintendent, Roanoke
City Public Schools
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
Nancy J. Brown, Appraiser Aide, Real Estate Valuation
Kit B. Kiser, Director of Utilities and Operations
William F. Clark, Director of Public Works
Edward A. Naif, Attorney
Osterhoudt, Ferguson, Naif,
Aheron & Agee, P.C.
May 7, 1997
Page 3
pc;
Charles M. Huffine, City Engineer
Ronald H. Miller, Building Commissioner, w/enclosure
John R. Marlles, Agent, City Planning Commission, w/enclosure
Evelyn D. Dorsey, Zoning Administrator, w/enclosure
Martha P. Franklin, Secretary, City Planning Commission
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 5th day of May, 1997.
No. 33361-050597.
AN ORDINANCE to amend S36.1-3, Code of the City of Roanoke
(1979), as amended, and Sheet No. 225, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City,
subject to certain conditions proffered by the applicant.
WHEREAS, Arc Roanoke, Inc., 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, 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 April 21, 1997, 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. 225 of the Sectional 1976 Zone Map, City of
Roanoke, be amended in the following particular and no other:
That certain 8.769+
side of Oakland Boulevard,
the Sectional 1976 Zone
Official Tax No. 2250105,
acre tract of land located on the west
N.W., and designated on Sheet No. 225 of
Map, City of Roanoke, as a portion of
the property that is the subject of this
rezoning being more particularly described in Exhibit 2 of the
Second Amended Petition to Rezone, be, and is hereby rezoned from
RS-3, Single Family Residential District, to C-2 General Commercial
District, subject to the proffers contained in the Second Amended
Petition filed in the Office of the City Clerk on April 3, 1997,
and that Sheet No. 225 of the Zone Map be changed in this respect.
ATTEST:
City Clerk.
5215 Sugar Loaf Drive
Roanoke, VA 24018
April 17, 1997
Mayor Bowers and Roanoke City Council
215 Church Ave., SW
Roanoke, VA 24011
Re: Rezoning request by Faison Realty
Dear Mayor Bowers and Council Members:
As an outdoor recreation planner with 41 years experience, I encourage you to review the
Watts/ARC rezoning request with an eye to the futura. I see Roanoke as having the unique
opportunity to attract enterprises that feature outdoor recreation. I have reviewed the Outlook
Plan prepared for Downtown, Inc. and see outdoor recreation tourism recognized as an economic
opportunity in this document. Focus on this aspect of tourism is a logical strategy for our
community since the Roanoke Valley is surrounded by about 450,000 acres of National Parks,
National Forests, state parks, trails, and local parks such as Mill Mountain. Plans are being made
in other jurisdictions to improve local recreation attractions such as the Spring Hollow reservoir.
Roanoke City has an opportunity to embrace the natural resources surrounding it and provide
connections from the City to the many outdoor attractions in the area.
I have visited many other cities that enjoy an interface with public lands and have
successfully marketed the wide spectrum of recreation opportunities these lands provide. They
recognize, as we must, that an investment in infrastructure is necessary to reap the rewards of
economic development. If our bikeways, greenways and pedestrian walkways are to serve both
our residents and visitors who come here to our convention centers, hotels, and other facilities,
bridges such as the new 1-581 overpass must provide pedestrian and bicycle accommodations. I
believe this particular investment is critical because these facilities can link Valley View to so
many of our valley facilities. In addition, provision of pedestrian/bicycle facilities on the
overpass is a condition for Faison's provision of similar facilities along Valley View Extension.
Thus, there will be an immediate return on the City's investment as the developer provides
comparable facilities.
Thank you for the opportunity to comment.
Sincerely,
Charles A. Blankenship
ROANOKE VALLEY GREENWA YS STEERING COMMITTEE
c/o Fifth Planning District Commission
P.O. Box 2569, 313 Luck Avenue, SW
Roanoke, Virginia 24010
540-343-4417 (Phone) 540-343-4416 (Fax)
planfive @ roanoke.infi.net (E-mail)
April 17, 1997
Roanoke City Council
215 Church Ave., SW
Roanoke, VA 24011
Re: Watts/ARC Rezoning
Dear Mayor Bowers and Council Members:
I would like to express my support for the pedestrian/bicycle accommodations which
Faison Realty has proffered as part of its rezoning request. At different stages in development of
this rezoning, Faison has suggested proffers of land for a greenway, construction of the greenway
itself, and pedestrian/bicycle facilities along Valley View Extension. This is a tremendous
opportunity for Roanoke City to receive significant capital improvements as well as valuable
park property. In light of the support citizens have expressed for greenways and bike paths in
recent Visioning and CIP workshops and in light of the fact that this route is identified in both
the Conceptual Greenway Plan and the proposed Bikeway Plan, Roanoke City should accept
these proffers.
The proffer for pedestrian/bicycle facilities along Valley View Extension is contingent
on the City's incorporating similar accommodations on the new 1-581 overpass. Such
accommodations were requested early in the conceptual process for the interchange, but have
only recently been explored in detail. The added width for pedestrian and bicycle facilities on the
overpass is projected to increase construction costs by 5-6%. The social and economic benefits
will be significant. This connection will allow linkages of neighborhoods, schools, parks, and
commercial districts. It will allow development of a greenway from Valley View Mall, along
Lick Run, through Shadeland andWashington Park, to the Civic Center, Hotel Roanoke, City
Market, and Mill Mountain greenway. Thus, visitors staying at either the airport hotels or the
Hotel Roanoke will have the opportunity to run or cycle to other city attractions after work. The
proposed greenway will provide non-motorized access to two of the City's major commercial
districts, so that these facilities will be available to those without automobile transportation. In
my opinion, the Lick Run greenway is second only to the Roanoke River greenway in its
potential to link major attractions, connect neighborhoods, inspire neighborhood and park
rehabilitation, encourage economic development, and attract tourists and visitors. This 1-581
overpass is the critical link, and pedestrian and bicycle facilities them are imperative. With such
provision, Faison Realty will, under these proffers, give the City a major capital improvement in
facilities along Valley View Extension.
In addition to facilities along Valley View Extension, Faison has proffered a 75' green
space around the perimeter of the property. In development of any greenway system, the most
difficult task is acquiring the land and public right-of-way. The ideal situation is to acquire
rights-of-way through conditional zoning as properties are developed. This is exactly the
opportunity available here. If this 75' buffer area is preserved as open space, the community will
not have lost an opportunity for its use as a greenway in the futura, when right-of-way on the
entire corridor is completed. I encourage you to embrace the vision expressed by City citizens
and dedicate this land for future use as a gmenway.
One of the selling points for this rezoning is the developer's contribution to alleviating
traffic congestion in the area. I encourage you to accept his provision of non-motorized travel
facilities along Valley View Extension as one way to reduce automobile congestion. I also
encourage you to invest now in the infrastructure on the overpass for futura development of a
gmenway that would increase access between Valley View and other major City attractions.
Sincerely,
Liz Belcher
Roanoke Valley Greenway Coordinator
Roanoke City Planning Commission
April 21, 1997
Honorable Mayor David A. Bowers
and Members of City Council
Roanoke, Virginia
Dear Members of Council:
Subject:
Request of ARC Roanoke, Inc. to rezone a portion of property identified as
Official Tax Number 2250105 containing 8.769 acres from RS-3, Single
Family Residential District to C-2, General Commercial District subject to
certain proffered conditions.
Petitioners are requesting rezonino of an 8.769 acre portion of the property with the
intent of constructin~ a sheltered workshop which will provide education, job
training, and emplownent for mentally and physically disabled persons. The
remaining 4.2 acres will remain zoned RS-3.
Property is ad_iacent to the Watts vropertv under contract by Faison RealW Equities,
Inc., which is also the subject ofa rezoning from RS-3 and LM to C-2, subject to
certain conditions.
Development vlans for both rezonings have been coordinated. Proffered conditions
have also been coordinated and are similar, but not the same.
Initial petition to rezone the property was filed on 2/6/97. First amended petition was
filed on 3/3/97.
Plannin~ Commission public hearing was held on 3/5/97. Mr. Ed Natt discussed the
rezoning proposal and the conditions of the rezoning. There was no opposition to the
rezoning request. Planning Commission recommended approval of the request by a
vote of 4-0 (Messrs. Chrisman, Butler, Hill, and Mrs. Coles voting in favor of the
request; Mrs. Duerk and Mr. Manetta absent).
Several meetings with neighborhood leaders and residents have been held over the
last several months regarding both rezonings.
Room 162 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (540) 853-2344
Members of City Council
Page 2
II. Current Situation:
Two nei~,hborhood meetin?~ have been held to discuss the proposed rezoning and
development plans with the surrounding community. City staff have been in
attendance at both meetings to address questions related to the rezoning process and
the proposed 1-581 interchange.
Approximately 40 residents from the immediate neighborhood attended the first
neighborhood meeting which was held on January 23, 1997, at Valley View
Wesleyan Church. The following issues and questions were raised by citizens in
attendance: (1) How will the proposed interchange and service road improve traffic
circulation in the Valley View area? (2) Who will be responsible for managing the
proposed greenway and how will security on the proposed greenway be provided? (3)
How will the proposed service road connect into Valley View Boulevard and what
impact will it have on Huff Lane school?
The second neighborhood meeting sponsored by the Williamson Road Action Forum
was held on February 6, 1997, at the Preston Park Recreation Center. Approximately
30 citizens attended the meeting. In addition to asking several of the same questions
raised at the first neighborhood meeting, a citizen asked if there are any provisions to
restrict fast-food establishments from locating on any of the proposed out-parcels
closest to the residential neighborhood. Mr. Douthat indicated that if there weren't
there should be.
B. Second Amended petition was filed on 4/3/97. Current proffered conditions are:
The proposed development will be built in substantial conformity with the
Balzer & Associates, Inc., plan dated February 27, 1997, a copy of which is
attached to these Proffers as Exhibit "A", subject to comprehensive
development plan review and approval by the Roanoke City Planning
Commission
No certificates of occupancy shall be issued for any new structures on the
property until such time as the proposed interchange with 1-581 and access
road are constructed and operational.
A landscaped greenspace (a minimum of 75 feet along the residential property
and a portion of the property to be conveyed to Valley View Wesleyan
Church and a minimum of 60 feet along the portion of the property between
Valley View Wesleyan Church and Round Hill Elementary School) with a 6
foot high berm and a black vinyl chain link fence 6 feet high shall be
constructed, planted and maintained by the property owner until such time as
ownership of the landscaped greenspace can be conveyed to the Western
Virginia Land Trust or other organization acceptable to the City of Roanoke.
Members of City Council
Page 3
inthe event that the issue of ownership cannot be resolved, the berm, vinyl
coated chain-link fence and landscaping shall be constructed and maintained
by the Property Owner.
That no fast food restaurants, as defined in the Roanoke City Zoning
Ordinance located thereon shall be located on the subject prop6rty.
AIl lighting on the property shall consist of lighting fixtures designed with
shields that prevent any illumination of adjoining residential neighborhoods.
All dumpsters, loading docks, and heating/air conditioning and handling units
shall be screened from public view by landscaping or masonry walls.
There shall be no motorized vehicular access from any portion of the subject
rez0ning to the adjacent residential neighborhood.
Pedestrian access between the Property and the adjacent residential
neighborhood will be provided only as requested by the City of Roanoke.
Landscaping of the greenspace area shall be completed within one (1) year of
occupancy of any parcel on the property.
10.
The exterior architectural treatment of buildings on the property shall be
consistent with commercial buildings at Valley View Mall and have the same
level of architectural detail on all sides.
11.
Landscaping of the landscaped greenspace will be in substantial conformity
with the attached typical 100 foot section of the landscaped greenspace
prepared by Hill Studio, P.C., dated February 28, 1997.
12.
The effective date of this rezoning shall be the date the City accepts the
dedication ofproposed access road.
13.
There will be no outdoor advertising structures or free standing sign structures
on the Property other than directional signs and an entrance sign adjacent to
Valley View Boulevard Extended indicating entities located on the property.
Occupant identification signs on buildings located on the Property will be
consistent with Valley View Mall.
III.
Issues:
Zoning of the 12.97, including the 8.769 acres to be rezoned, acre Darcel is nr~sentl¥
RS-3, Single Family Residential. Surrounding zoning is RS-3, LM, and C-2, General
Commercial.
Members of City Council
Page 4
Land use of the nroperty is a cornfield In addition to the adjacent Watts property,
also farmed, other land uses are residential homes to the east and south, Round Hill
Elementary School to the west, and Valley View Mall and HuffLane School to the
north.
~. A sewer easement runs from Oakland north through the
property. It is expected that storm water management could be handled on the
property or in conjunction with a coordinated facility serving the area.
Access to the property, if rezoned, is proposed from the new 1-581 interchange
access road to be constructed. There will be no access from the residential
neighborhood streets.
Traffic in the vicinity 0f Valley View Mall is expected to be improved by the
construction ora new interchange at 1-581 and access road which is under design and
will connect with Valley View Boulevard. It is estimated that any future traffic
generated by the proposed rezoning, or the adjacent rezoning, can be sufficiently
accommodated by the new road improvements.
Industrial and commercial land for new development has been identified as important
to the city in terms of economic development, job creation, and revenue
enhancement. Subject property, in conjunction with its adjoining acreage adjacent to
Valley View Mall, has been identified as prime land for future commercial
development.
Bufferin~ of the adjacent residential properties is proposed usin~ a 75-foot wide and a
60-foot wide landscaped ~reensoace alom, the perimeter of the property requested for
rezoning. In addition, any new building would be constructed more than 25 feet
beyond the greenspace. The greenspace reflects the buffering proposed for the
adjacent rezoning, and ultimately could be a recreational asset for the businesses and
the neighboring community.
H. Comnrehensive Plan recomme~d~ that:
Commercial. industrial and residential growth should be encouraged through
public and private actions to ensure a strong and diversified economic base
and employment opportunities for all of Roanoke's citizens.
Development of new or existing commercial and industrial areas should be
carefully planned and designed to promote quality development and good land
use.
Neighborhood character and environmental auality should be protected
Possible changes in land use or new public and private development in or near
Members of City Council
Page 5
residential areas should be carefi~lly evaluated and designed to conserve and
enhance neighborhood quality.
III. Alternatives:
A. ~ the rezoning request.
Zonine becomes C-2 with con~litions that relate to the develoPment of the
property.
Land use of the nropertv for commercial oUrposes is oromoted provided the
use is in conformance with the conditions of the rezoning.
~. Existing easement restricts some development of the
property.
Access is to be provided bv extended Valley View Boulevard and the 1-581
interchange. No access will be available from Oakland Boulevard or
Greenland Avenue.
Traffic volumes can be accommodated' with the new road improvements. Any
new use cannot open until the road is constructed and operational.
Commercial land that has been identified as valuable is approotiately zoned
for new development. Design development issues for the property have been
discussed, addressed, and coordinated with the rezoning request of Faison
Realty Equities, Inc.
Buffeting and landscaped ~reenspace is included as a condition of the
rezoning.
8. Comprehensive Plan is followed
B. City Council deny the rezoning request.
1. Zonin r main RS-3, Single Family Residential.
2. Land uses would be limited to those permitted in the RS-3 district.
3. Utilities are available.
Access would have to be orovided from Oakland Boulevard. unless other
arrangements are made with the adjacent property owner for use of the access
road.
Members of City Council
Page 6
5. Traffic may be an issue in the future, depending on the use and access.
6. Commercial development t~otential is reduced
7. Buffering and landscaved greensnace no longer an issue
8. Comprehensive Plan could be followed
IV. Recommendation:
The Plannine Commission recommended approval of the rezonin~ request by a vote of 4-0
(Messrs. Chrisman, Butler, Hill and Mrs. Coles voting in favor of the request; Mrs. Duerk
and Mr. Manetta were absent). The proposed zoning change to C-2 is reasonable and
consistent with other proposed zoning in the area. Proffered conditions address
development concerns of residents and are consistent with other commercial properties at
Valley View.
Respectfully submitted,
Gilbert E. Butler, Temporary Chairman
Roanoke City Planning Commission
City Attorney
Attorney for the Petitioner
SECOND AMENDED PETITION TO REZONE
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
IN RE:
Request of Arc Roanoke, Inc., to rezone approximately
8.769 acres property of Official Tax No. 2250105 located
on the west side of Oakland Blvd., from RS-3 Residential
Single Family District to C-2 General Commercial
District subject to certain conditions proffered by the
petitioner.
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF
ROANOKE:
The Petitioner, Arc Roanoke, Inc., owns land in the City of
Roanoke containing 12.97 acres, more or less, located west of
Oakland Blvd., said property being currently zoned RS-3,
Residential Single Family District. Petitioners hereby request
rezoning of approximately 8.769 acres of said tract to C-2,
General Commercial District. A map of the property to be rezoned
is attached as Exhibit "1"
Pursuant to Section 36.1-690, Code of the City of Roanoke
(1979), as amended, the Petitioner requests that the hereinafter
described property, identified as a portion of Official Tax number
2250105, be rezoned from RS-3 Residential Single Family District
to C-2, General Commercial District, subject to certain conditions
set forth below, said property being described on Exhibit "2".
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 provide an
appropriate location for future commercial uses.
The Petitioner hereby proffers and agrees that if the .said
tract is rezoned as requested, that the rezoning will be subject
to, and that the Petitioner will abide by, the conditions set
forth on Exhibit "3"
This property is adjacent to the approximately 41.74 acre
parcel owned by Katherine Watts, et al., which is the subject of
a rezoning, with conditions, from L.M. Light Manufacturing and
3 Residential District to C-2 District-, which is respectfully
requested should be heard in conjunction with this Petition.
If necessary, a Form 7460-1, Notice to Proposed Construction,
will be filed with the Federal Aviation Administration for a
determination by the FAA that the construction would have no
substantial adverse affect on the safe and efficient utilization
of navigable air space or on the operation of the air navigation
facilities.
Attached as Exhibit "4" are the names, addresses and tax
~umbers of the owner or owners of all lots or property immediately
adjacent to immediately across a street or road from the property
to be rezoned. Attached as Exhibit "5" are the names, addresses
and tax numbers of the owners surrounding this zoning and the
Faison Realty Equities on zoning.
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.
~espectfully submitted this '~ day of ~+~-~ ,
1997.
P,O. Box 6220
Roa~o~k~ VA 24017.,/.,~--.
Signature of Owner
RESPECTFULLY SUBMITTED,
Of Counsel
Z:\WP50\LISA~ARC.PET:laf04/01/97
I
LEGAL DESCRIPTION
-- FOR
8.769 ACRES OF LA~N-D BEING REZONED
FROM RS-3 TO C-2 SITUATED IN THE
NORTHWEST SECTION OF THE CITY OF
ROANOKE A-N-D MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGIN'MING AT A POINT ON THE NORTk~WESTEP'-LY LINE OF OAKLAND
BOULEVkRD, N.W. (60' RIG}{T-OF-WAY) , 974.84' AS MEASURED ALONG T~{E
NORTh-WESTERLY LINE OF OAKLAND BOULEVARD, sOUTk'WESTERLY FROM ITS
POINT OF INTERSECTION WITH T}{E SOUTIqWESTERLY LiNE OF GREENLAND
AVENUE; T~ENCE LEAVING SAID POINT A-N'D WIT~ THE LINE OF PROPERTY OF
THE CITY OF ROANOKE AS RECORDED IN DEED BOOK 1066, PAGE 375, N
48o17'32"W 323.72 FEET TO A POINT ON T~E LINE OF SAID .CITY OF
RO;~_MOKE PROPERTY, T~E ACTUA~ POIB'T OF BEGIlq~NING; T~{ENCE WITH T~E
LINE OF SAID CITY OF ROANOKE PROPERTY N48~17'32"W 612.67 FEET TO A
POINT ON T~{E LINE OF PROPERTY OF DAVID W. AND R/%ENA GORDON
SHOWALTER AS RECORDED IN DEED BOOK 1625, PAGE 1355; THENCE WITH THE
LiNE OF SAID S~{OWALTER PROPERTY N42~07'28"E 713.59 FEET TO A POINT
ON THE LiNE OF BLOCK K, MAP NO. 3 ROLrbrD HILL TER~g.~CE AS RECORDED IN
~vtAP BOOK 1, PAGE 93- THENCE WiT~{ THE LI~NrE OF SAID MAP NO. 3 ROUND
· TERP. AcE AS RECORDED
H_~u TERP. ACE AND BLOCK F, ,.MAP NO. 2 ROUND HILL
IN M. AP BOOK 1, PAGE 58, S 50~51'00"E 358.35 FEET TO A POINT ON THE
LiNE OF SAiD MAP NO. 2 ROUND HiLL TERRACE; THENCE WIT.q A LINE
T:qROUGH PROPERTY OF ROANOKE AREA ASSOCIATION FOR RETARDED CITIZENS,
!NC. AS RECORDED IN DEED BOOK 1349, PAGE 122, S39°09'00"W !75.00
FEET TO A POINT; THENCE CONTINUING THROUGH SAID ROANOKE A,REA
ASSOCIATION FOR RETARDED CITIZENS, iNC. pROPERTY S15~24'00"E 204.69
FEET TO THE MOST WESTERLY CORNER OF PROPERTY OF TRUSTEES OF VALLEY
VIEW WESLEYA~M C~~JRCH AS RECORDED IN DEED BOOK 1329, PAGE 358;
THENCE WITH THE LINE OF SAiD TRUSTEES OF VALLEY VIEW WESLEYAI~
CHI/RCM PROPERTY; S48~16'00''E 70.00 FEET TO A POINT ON T~{E LINE OF
SAiD TRUSTEES OF VALLEY VIEW WESLEYAN CRT~RCH PROPERTY; THENCE WITH
A LINE T~{ROUGK SAID ROAI~OKE AREA ASSOCIATION FOR RETARDED CITIZENS,
INC. PROPERTY S41~44'00"W 443.54 TO THE ACTUAL POINT OF BEGINNING,
CONTAINING 8.769 ACRES.
EXHIBIT 3
PROFFERS
1. The proposed development will be built in substantial
conformity with the Balzer & Associates, Inc., plan dated February
27, 1997, a copy of which is attached to these Proffers as Exhibit
"A", subject to comprehensive development plan review and approval
by the Roanoke City Planning Commission.
2. No certificates of occupancy shall be issued for any new
structures on the property until such time as the proposed
interchange with 1-581 and access road are constructed and
operational.
3. A landscaped greenspace (a minimum of 75 feet along the
residential property and a portion of the property to be conveyed
to Valley View Wesleyan Church and a minimum of 60 feet along that
portion of the property between Valley View Wesleyan Church and
Round Hill Elementary School) with a 6 foot high berm and a black
vinyl chain link fence 6 feet high shall be constructed, planted
and maintained by the Property Owner until such time as ownership
of the landscaped greenspace can be conveyed to the Western
Virginia Land Trust or other organization acceptable to the City
of Roanoke. In the event that the issue of ownership cannot be
resolved, the berm, vinyl coated chain-link fence and landscaping
shall be constructed and maintained by the Property Owner.
4. That no fast food restaurants, as defined in the Roanoke
City Zoning Ordinance located thereon shall be located on the
8.769 acre parcel.
5. Ail lighting on the Property shall consist of lighting
fixtures designed with shields that prevent any illumination of
adjoining residential neighborhoods.
6. Ail dumpsters, loading docks, and heating/air conditions
and handling units shall be screened from public view by
landscaping, masonry or metal screen walls.
7. There shall be no motorized vehicular access from any
portion of the subject rezoning to the adjacent residential
neighborhood.
8. Pedestrian access between the Property and the adjacent
residential neighborhood will be provided only as requested by the
City of Roanoke.
9. Landscaping of the greenspace area shall be completed
within one (1) year of occupancy of any parcel on the property.
10. The exterior architectural treatment of buildings on the
Property shall be consistent with Commercial buildings at Valley
View Mall and have the same level of architectural detail on all
sides.
11. Landscaping of the landscaped greenspace will be in
substantial conformity with the attached typical 100 foot section
of the landscaped greenspace prepared by Hill Studios, P.C. dated
February 28, 1997.
12. The effective date of this rezoning shall be the date
the City accepts the dedication of proposed access road.
13. There will be no outdoor advertising structures or free
standing sign structures on the Property other than directional
signs and an entrance sign adjacent to Valley View Boulevard
Extended indicating entities located on the Property. Occupant
identification signs on buildings located on the Property will be
consistent with Valley View Mall.
Name
EXHIBIT "4"
PROPERTY OWNERS
Address
T~x Nombers
Roanoke Area Association for
Retarded Citizens
Jean B. Showalter, et al.
City of Roanoke Round Hill
School
TRS Valleyview Wesleyan
Church
Randolph M. and Jane S. Mann
Rose M. Meadors
William H. and Alyce A. Gibbs
Mary F. Cole and
Earl Nesbitt
Jackie L. Austin
Earl L. and Opal T. Johnston
P.O. Box 6157
Roanoke, VA 24017 2250105
1272 Rockland Ave., NW
Roanoke, VA 24012 2250101
2020 Oakland Blvd., NW
Roanoke, VA 24012 2250102
2302 Oakland Blvd, NW
Roanoke, VA 24012 2250104
3724 Greenland Ave., NW
Roanoke, VA 24012 2250602
2411 Vancouver Dr., NW
Roanoke, VA 24012 2260603
3710 Greenland Avenue, NW
Roanoke, VA 24012 2250604
P.O. Box 1198
Centennial Park,
86021
AZ
2250605
P.O. Box 47524
San Antonio, TX 78265 2140720
3544 Valley View Avenue NW
Roanoke, VA 24012 2140719
Donal~ F. and Mary B. Thomas P.O. Box 6080
Lynchburg, VA 24505 2140418
Donnie L. Williams 102 Copperfield Road
Wirtz, VA 24184 2170409
Charles A. Saunders P.O. Box 27403
Richmond, VA 23261 2151501
~ruce Edwin Moyer and Peggy
Ann Moyer
Robert P. Ruff and Esther
Marrs
711 High Street
Des Moines, IA 50309
3646 Greenland Avenue NW
Roanoke, VA 24012
2151502
2151503
EXHIBIT "5"
'~ADJACENT PROPERTY OW1TERS
Addre s s
william watts
1272 Rockland Avenue,
Roanoke, VA 24012
Littlefield, Adams & Co
1302 Rockland Ave., N.W.
Roanoke, VA
J.W. Burress, Inc. and
Aeroflight, Incorporated
P.O. Box 719
Roanoke, VA 24004
1301 Rockland Ave., N.W.
The Macke Company
P.O. Box 360
Roanoke, VA 24003
1231 Rockland Ave.,
Dorothy Helms ~. Walton
P.O. Box 27403
Riuchmond, VA 23261
Pro e t address
1835 Court Street, N.W.
Anthony T. and Kelly S. Claytor
P.O. Box 26388
Richmond, VA 23260
1829 Court Street, N.W.
Robert R. and Louise M. Johnson
1603 Westside Blvd., N.W.
Roanoke, VA 24017
1825 Court Street, N.W.
william F. and Betty R.
Rt. 2, Box 304-D
Vinton, VA 24179
1813 Court Street, N.W.
Entsminger
James R..a~d Sheila S. Muse
1134 Marlian Ave., N.W.
Roanoke, VA 24012
Tax MaD Numbe_r
2130701
2130702
2130704
2131301
2131302
2130801
2131001
2131002
2131003
2130901
2130902
M#3671~1 --
James W. and Margare~ E.
926-8th Street, N.W.
Roanoke, VA 24016
Petunia Barlow
P.O. Box 127
Roanoke,, VA 24027
1122 Marlain Ave., NW
Charles W. and Dorothy M.
P.O. Box 740040
Louisville, KY 40201
1116 Marlian Ave., NW
Donald L. ~ensley
1141 Rockland Ave.,
Roanoke, VA 24017
Betty L. Stewart
6056 S. Fashion Square Rd.,
Murray, UT 84107
or err address
1135 Rockland Ave., N-W
Sandra S. Jordan
P.O. Box 12701
Roanoke, VA 24027
1129 Rockland Ave.,
Shirley S. Brown
P.O. Box 12701
Roanoke, VA 24027
o e~t addre
1123 Rockland Ave., NW
Phillip W. and Ania M.
P.O. Box 12701
Roanoke, VA 24027
o r
1117 Rockland Ave., NW
Lester Enterprises
P.O. Box 7206
Norfolk, VA 23509
oro er~ address
1122 Rockland Ave.,
Philip J., Jr. and Lois L.
P.O. Box 26149
Mitchell
Jones
{300
Barrett
Bolden
2130903
2130904
2130905
2130906
2130907
2130908
2130909
2130910
2130703
M~367~1~ 2
Richmond, VA 23260
ro er add ess
1118 Alview Ave., NW
Richard W. and Vertie w.
1718 Greenridge Rd.
Salem, VA 24153
Tenth Street, N.W.
Jean B. Showalter, et als.
1272 Rockland Ave., NW
Roanoke, VA 24012
Oakland Boulevard N.W.
Trs. Valleyview Wesleyan church
2302 Oakland Blvd. Nlq
Roanoke, VA 24012
John J. Showalter or Cleo S.
3914 Greenland Ave. Nlq
Roanoke, VA 24012
Nolley
Wayne C. & Mary E. Bowman
3908 Greenland Ave. NW
Roanoke, VA 24012
Norma Jean ~idenhour or Augusta Jeanette Dillon
3902 Greenland Ave.
Roanoke, VA 24012
Belva Perrine or ~arlin Perrine
3836 Greenland Ave. Nlq
Roanoke, VA 24012
John C. & Virgie C. Perrine
3836 Greenland Ave. NW
Roanoke, VA 24012
Billy Dean & Alice Marie Creger
3822 Greenland Ave. NW
Roanoke, VA 24012
sofia R. Dominguez
3810 Greenland Ave.
Roanoke, VA 24012
Fred H. & Isabelle J. Atalla
3802 Gr~gnland Ave. NW
Roanoke, VA 24012
2130417
2130418
2259191
2250102
£5'olo4
2250501
2250502
2250503
2250504
2250505
2250506
2250507
2250508
2250509
2250510
3
John B. & Mary K. Nof6singer
3730 Greenland Ave. NW
Roanoke VA 24012
Randolph M. & Jane S. Mann
3724 Greenland Ave. NW
Roanoke VA 24012
William H. & Alyce A. Gibbs
3710 Greenland Ave. NW
Roanoke VA 24012
Norma Findley Ramsey Cabaniss
261 Locust St. Tax Dept.
Hartford CT 06114
Wal-Mart Stores, Inc.
4807 Valley View Boulevard,
Roanoke VA
City of Roanoke Huff Lane School
Huff Lane Road, N-W
Roanoke VA 24012
Roanoke Area Assoc. for Retarded Citizens
P.O. Box 6157
Roanoke VA 24017
Trs. Valleyview Wesleyan Church
2302 Oakland Blvd. NW
Roanoke VA 24012
City of Roanoke Round Hill School
2020 Oakland Boulevard, NW
Roanoke VA 24012
John J. Showalter
3914 Greenland Ave.,
Roanoke VA 24012
Wayne C. and Mary E. Bowman
3908 Greenland Ave., NW
Roanoke VA 24012
Norma Jean Ridenhour or
Augusta Jeanette Dillon
3902 Greenland Ave., NW
Roanoke, VA 24012
Belva or ~arlin Perrine
3836 Greenland Ave.,
Roanoke, ,VA 24012
2250601
2250602
2250603
2250604
2250605
2370102
2370101
2250105
2250104
2250102
2250501
2250502
2250503
2250504
M#36711~ 4
John C. & Virgie C. Perrine
3836 Greenland Ave., NW
Roanoke, VA 24012
Billy Dean and Alice Marie Creger
3822 Greenland Ave., NW
Roanoke, VA 24012
Sofia R. Dominguez
1691 Mt. Pass Rd.
Troutville, VA 24175
David I. and Shirley H.
3802 Greenland Ave., NW
Roanoke VA 24012
Wood
John B. and Mary K. Noftsinger
3730 Greenland Ave., NW
Roanoke VA 24012
Randolph M. and Jane S. Mann
3724 Greenland Ave., NW
Roanoke VA 24012
william H. and Alyce A. Gibbs
3710 Greenland Ave., NW
Roanoke VA 24012
Norma Findley Ramsey Cabinass
3702 Greenland Ave., NW
Roanoke VA 24012
Linda C. Garner
3546 Greenland Ave., NW
Roanoke VA
Allen T. & Mary M. Wilson
2317 Oakland Blvd., NW
Roanoke, VA
Helen K. Burner
3543 CourtIand Ave.,
Roanoke, VA
Helen K. Burner
2311 Oakland Blvd.,
Roanoke, VA
and 2313
william J. and Kathy B.
3544 Courtland Ave., NW
Roanoke, VA
Parenti
2250505
2250506
2250507
2250508
2250509
2250510
2250601
2250602
2250603
2250604
2250605
2140101
2140102
2140119
2140120
2140409
Donald F. and Mary B. Thomas
3541 Valley View Ave., NW
Roanoke, VA
Earl L. and Opal T. Johnson
3544 Valley View Ave., NW
Roanoke, VA 24012
Jackie L. Austin
1241 Greenhurst Ave.,
Roanoke, VA
Betty S. Fulton
1242 Greenhurst Ave.,
Roanoke, VA
Emmett W. and Audrey S. Taylor
1241 Pleasant View Ave., N-W
Roanoke, VA
Pamela Lea williams
1242 Pleasant View Ave.,
Roanoke VA
Roanoke Regional Airport
Oakland Blvd., NW
Roanoke VA
Charles A. Saunders
3660 Greenland Ave.,
Roanoke VA
Bruce Edwin and Peggy Ann Moyer
3652 Greenland Ave., NW
Roanoke VA
Robert P. and Esther Marrs Ruff
3646 Greenland Ave., NW
Roanoke VA
Kirk E. and Janet R. Kessler
3638 Greenland Ave., NW
Roanoke VA
Virginia G. Jones
3634 Greenland Ave.,
Roanoke VA
George and Dora Lee Sorkine
3626 Greenland Ave., NW
Roanoke VA
2140418
2140719
2140720
2141101
2141201
2141401
2141412
2151501
2~51502
2151503
2151504
2151505
2151506
M~3671~L 6
John W. and Susan P. Coles
3620 Greenland Ave., NW
Roanoke, VA
Eileen A. Russell
2328 Oakland Blvd., N-W
Roanoke, VA
Shirley P. Smith
2322 Oakland Blvd., NW
Roanoke, VA
2151507
2151508
2151509
TItP_, ROANO
Ad Number: 40434209
Publisher's Fee: $118.40
Osterhoudt Ferguson Natt
Attn: Mike Aheron
P.O. Box 20068
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:
04/04/97
FULL RUN - Friday
04/11/97
FULL RUN - Friday
Witness, this 21st day of April, 1997.
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, April 21,
1997, 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, Residential District, to C-2, General Commercial District,
the following property:
A 8.769~ acre tract of land located on the west side of
Oakland Boulevard, N.W., and bearing Official Tax No.
2250105, 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 2nd day of April , 1997.
Mary F. Parker, City Clerk.
Publish in the Roanoke Triburle, once on Thursday, April 17, 1997.
Send publisher's affidavit to:
Send bill to:
Mary F. Parker, City Clerk
Room 456, Municipal Building
215 Church Avenue, S. W.
Roanoke, Virginia 24011-1536
Edward A. Natt, Attorney
Osterhoudt, Ferguson, Natt, Aheron
and Agee
P. O. Box 20068
Roanoke, Virginia 24018-0007
Certi ication o Publication
CoPY oF LEGit, The FIOANOKE TFIIBUNE
Phone: (540) 343-0326
Claudia A. Whitworth, Editor/Publisher
Mailing Address: P.O. Box 6021- Roanoke, VA 24017
Business Address: 2318 Melrose Ave., N.W. -Roanoke, VA
This is to certify that the attached legal advertisement,
re: Oakland Blvd.was published for 1 consective weeksin
The ROANOKE TRIBUNE, a newspaper published in the City /
County of Roanoke, State of Virginia, and having a general
circulation in said City/County commmercing on the 1 7 day of
_/kp_r.X.J~, 1997 and that the charge for same is $ ~ ~ (~ a .
Given under my hand, this ?l .d_a~ ~,,.~ 1997.
- ~-l~u-blisher-
Publish in the J~~, once on Friday, April 4, 1997, and once on Friday, April 11,
1997.
Send publisher's affidavit to:
Send bill to:
Mary F. Parker, City Clerk
Room 486, Municipal Building
215 Church Avenue, S. W.
Roanoke, Virginia 24011-1536
Edward A. Natt, Attorney
Osterhoudt, Ferguson, Natt, Aheron
and Agee
P. O. Box 2C2.68
Roanoke, Virginia 24018-0007
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, March 5, 1997,
at 1:30 p.m. or as soon as the matter may be heard, in the City Council Chamber, fourth floor, Municipal
Building, 215 Church Avenue, S.W., in order to consider the following:
Request from the ARC Roanoke, Inc., a Virginia corporation, represented by Edward A. Natt,
attorney, that the rear 8.769 acres of a tract of land located on the northerly side of Oakland
Boulevard, N.W., and identified as a portion of Official Tax No. 2250105, be rezoned from RS-3,
Residential Single Family District, to C-2, General Commercial District, such rezoning to be subject
to certain conditions proffered by the petitioner.
A copy of said application is available for review in the Department of Planning and Community
Development, Room 162, Municipal Building.
All parties in interest and citizens may appear on the above date and be heard on the matter.
Martha P. Franklin, Secretary
Roanoke City Planning Commission
Please print in newspaper on Tuesday, February 18, 1997 and February 25, 1997
Please bill:
Edward A. Natt, Attorney
Osterhoudt, Ferguson, Natt, Aheron & Agee
1919 Electric Road, SW
Roanoke, VA 24018
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) 853-2541
Fax: 1540) 853-~145
SANDRA H. EAKIN
Deputy City Clerk
April 14, 1997
File ~51
Edward A. Natt, Attorney
Osterhoudt, Ferguson, Natt,
Aheron 8, Agee, P.C.
1919 Electric Road, S. W.
Roanoke, Virginia 24014
Dear Mr. Naif:
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,
April 21, 1997, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the
request of Roanoke Area Association for Retarded Children, Inc., that a tract of land
located on the west side of Oakland Boulevard, N. W., containing 8.769-acres, more or
less, described as Official Tax No. 2250105, be rezoned from RS-3, Residential Single
Family District, to C-2, General Commercial District, subject to certain conditions proffered
by the petitioner.
For your information, I am enclosing copy of a notice of the public hearing, an Ordinance
and a report of the City Planning Commission with regard to the request for rezoning.
Please review the documents and if you have questions, you may contact Steven J. Talevi,
Assistant City Attorney, at 853-2431. Questions with regard to the Planning Commission
report should be directed to John R. Marlles, Chief of Planning and Community
Development, at 853-2344.
Edward A. Naif, Attorney
Osterhoudt, Ferguson, Natt,
Aheron & Agee, P.C.
April 14, 1997
Page 2
It will be necessary for you, or your representative, to ~e present at the April 21
public hearing. Failure to appear could result in a deferral of the request for
rezoning until a later date.
Sincerely,
Mary F. er
City Clerk
MFP:sm
Enc.
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue. S.W., Room 456
Roanoke. Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
April 14, 1997
File #51
SANDRA H. EAKIN
Deputy CJI} Clc~k
Edward A. Natt, Attorney
Osterhoudt, Ferguson, Natt,
Aheron & Agee, P.C.
1919 Electric Road, S. W.
Roanoke, Virginia 24014
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,
April 21, 1997, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the
request of Roanoke Area Association for Retarded Children, Inc., that a tract of land
located on the west side of Oakland Boulevard, N. W., containing 8.769-acres, more or
less, described as OffiCial Tax No. 2250105, be rezoned from RS-3, Residential Single
Family District, to C-2, General Commercial District, subject to certain conditions proffered
by the petitioner.
The City Planning Commission, by report dated April 21, 1997, is recommending approval
of the request inasmuch as the proposed zoning change is reasonable and consistent with
other proposed zoning in the area, and proposed conditions address development
concerns of residents and are consistent with other commercial properties at Valley View.
If you have questions with regard to the request to rezoning, please contact John R.
Marlles, Chief of Planning and Community Development, at 853-2344.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:sm
Edward A. Natt, Attorney
Osterhoudt, Ferguson, Natt,
Aheron & Agee, P.C.
April 14, 1997
Page 2
pc:
Ms. Jean B. Showalter, et al., 1272 Rockland Avenue, N. W., Roanoke, Virginia
24012
Trustees of Valleyview Wesleyan Church, 2302 Oakland Boulevard, N. W.,
Roanoke, Virginia 24012
Mr. and Mrs. Randolph M. Mann, 3724 Greenland Avenue, N. W., Roanoke, Virginia
24012
Mr. and Mrs. William H. Gibbis, 3710 Greenland Avenue, N. W., Roanoke, Virginia
24012
Ms. and Mrs. Nesbitt E. Cole, 3702 Greenland Avenue, N. W., Roanoke, Virginia
24012
Ms. Jackie L. Austin, 1241 Greenhurst Avenue, N. W., Roanoke, Virginia 24012
Mr. and Mrs. Earl L. Johnston, 3544 Valley View Avenue, N. W., Roanoke, Virginia
24012
Mr. and Mrs. Donald F. Thomas, 3541 Valley View Avenue, N. W., Roanoke,
Virginia 24012
Mr. Charles A. Saunders, 3660 Greenland Avenue, N. W., Roanoke, Virginia
24012
Mr. and Mrs. Bruce E. Moyer, 3652 Greenland Avenue, N. W., Roanoke, Virginia
24012
Mr. and Mrs. Robert P. Ruff, 3646 Greenland Avenue, N. W., Roanoke, Virginia
24012
Mr. and Mrs. William Parenti, 3544 Courtland Avenue, N. W., Roanoke, Virginia
24012
Mr. and Mrs. Kirk Kessler, 3638 Greenland Avenue, N. W., Roanoke, Virginia
24012
Huff Lane Elmenta~y School, c/o of Dr. E. Wayne Harris, Superintendent, Roanoke
City Public Schools
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) 853-2541
Fax: (540) 853-1145
SANDRA H. EAKIN
Deputy Cit~, Clerk
April 5, 1997
File #51
John R. Marlles, Agent
City Planning Commission
Roanoke, Virginia
Dear Mr. Marlles:
Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended,
I am attaching copy of a second amended petition from Edward A. Natt, Attorney,
representing Arc Roanoke, Inc., requesting that a tract of land located on the west side of
Oakland Boulevard, N. W., containing 8.769-acres, more or less, described as Official Tax
No. 2250105, be rezoned from RS-3, Residential Single Family 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
Enc.
pc:
The Honorable Mayor and Members of the Roanoke City Council
Edward A. Natt, Attorney, Osterhoudt, Ferguson, Natt, Aheron & Agee,
1919 Electric Road, S. W., Roanoke, Virginia 24018
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 TO REZONF
IN RE:
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINI.~.
Request of Arc Roanoke, Inc., to rezone approximately
8.769 acres property of Official Tax No. 2250105 located
on the west side of Oakland Blvd., from RS-3 Residential
Single Family District to C-2 General Commercial
District subject to certain conditions proffered by the
petitioner.
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF
ROANOKE:
The Petitioner, Arc Roanoke, Inc., owns land in the City of
Roanoke containing 12.97 acres, more or less, located west of
Oakland Blvd., said property being currently zoned RS-3,
Residential Single Family District. Petitioners hereby request
rezoning of approximately 8.769 acres of said tract to C-2,
General Commercial District. A map of the property to be rezoned
is attached as Exhibit "1".
Pursuant to Section 36.1-690, Code of the City of Roanoke
1979), as amended, the Petitioner requests that the hereinafter
described property, identified as a portion of Official Tax number
2250105, be rezoned from RS-3 Residential Single Family District
to C-2, General Commercial District, subject to certain conditions
set forth below, said property being described on Exhibit "2".
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 provide an
appropriate location for future commercial uses.
The Petitioner hereby proffers and agrees that if the said
tract is rezoned as requested, that the rezoning will be subject
to, and that the Petitioner will abide by, the conditions set
forth on Exhibit "3"
This property is adjacent to the approximately 41.74 acre
parcel owned by Katherine Watts, et al., which is the subject of
a rezoning, with conditions, from L.M. Light Manufacturing and
3 Residential District to C-2 District, which is respectfully
requested should be heard in conjunction with this Petition.
If necessary, a Form 7460-1, Notice to Proposed Construction,
will be filed with the Federal Aviation Administration for a
determination by the FAA that the construction would have no
substantial adverse affect on the safe and efficient utilization
of navigable air space or on the operation of the air navigation
facilities.
Attached as Exhibit "4" are the names, addresses and tax
numbers of the owner or owners of all lots or property immediately
adjacent to immediately across a street or road from the property
to be rezoned. Attached as Exhibit "5" are the names, addresses
and tax numbers of the owners surrounding this zoning and the
Faison Realty Equities on zoning.
WI~EREFORE, 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
day of ~ , 1997.
submitted
this
P.O. Box 6220
Signature of Owner
RESPECTFULLY SUBMITTED,
Of Counsel
Z:~WPS0XLISA~ARC.PET:laf04/01/97
F, XtI!R!T '1'
EXHIBIT "2"
LEGAL DESCRIPTION
· - FOR
8.769 ACRES OF LA=ND BEING REZONED
FROM RS-3 TO C-2 SITUATED IN THE
NORTHWEST SECTION OF T.~ CITY OF
ROANOKE A~ND MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTHWESTEP. LY LINE OF OA/<_LAND
BOULEVARD, N.W. (60' RIGHT-OF-WAY), 974.84' AS MEASURED ALONG THE
NORTHWESTERLY LINE OF OAK_LAND BOULEVARD, SOUTHWESTERLY FROM ITS
POINT OF INTERSECTION WITH THE SOUTh-WESTERLY LiNE OF GRE~
AVENUE; THENCE LEAVING SAID POINT AND WITH THE LINE OF PROPERTY OF
THE CITY OF ROANOKE AS RECORDED IN DEED BOOK 1066, PAGE 375, N
48°17'32"W 323.72 FEET TO A POINT ON THE LIN-E OF SAID .CITY OF
ROANOKE PROPERTY, ~'~ AC"I'UAL POINT OF BEGi'NI~'IN~; THENCE WITH THE
LINE OF SAID CITY OF ROANOKE PROPERTY N48°17'32"W 612.67 FE_~T TO A
POINT ON THE LINE OF PROPERTY OF DAVID W. AND RJ%ENA GORDON
SHOWALTER AS RECORDED IN DEED BOOK 1625, PAGE 1355; THENCE WITH THE
LINE OF SAID SHOWALTER PROPERTY N42°07'28"E 713.59 FEET TO A POINT
ON THE LiNE OF BLOCK K, MAP NO. 3 ROUND HILL TERR.~CE AS RECORDED IN
MAP BOOK 1, PAGE 93; THENCE WITH THE LINE OF SAID MAP NO. 3 ROUND
HiLL TERP. ACE AND BLOCK F, MAP NO. 2 ROUND HILL TERP, ACE AS RECORDED
IN MAP BOOK 1, PAGE 58, S 50°51'00"E 358.35 FEET TO A POINT ON THE
LiNE OF SAID MAP NO. 2 ROUND HILL TERRACE; THENCE WITH A LINE
THROUGH PROPERTY OF ROANOKE AREA ASSOCIATION FOR RETARDED CITIZENS,
INC. AS RECORDED IN DEED BOOK 1349, PAGE 122, S39Q09'00"W 175.00
FEET TO A POINT; THENCE CONTINI/iNG THROUGH SAID ROA~NOKE AREA
ASSOCIATION FOR RETARDED CITIZENS, iNC. PROPERTY S!5°24'00"E 204.69
FEET TO THE MOST WESTERLY CORNER OF PROPERTY OF TRUSTEES OF VALLEY
VIEW WESLEYAN C'n-u-RCH AS RECORDED IN DEED BOOK 1329, PAGE 358;
THENCE WITH THE LINE OF SAID TRUSTEES OF VALLEY VIEW WESLEYAN
CHQ'RCH PROPERTY; S48Q16'00"E 70.00 FEET TO A POINT ON THE LINE OF
SAID TRUSTEES OF VALLEY VIEW WESLEYAN CRI/RCH PROPERTY; THENCE WITH
A LINE THROUGH SAID ROANOKE AREA ASSOCIATION FOR R~ETARDED CITIZENS,
INC. PROPERTY S41:44'00"W 443.54 TO THE ACTUA~L POINT OF BEGINNING,
CONTAINING 8.769 ACRES.
EXHIBIT 3
PROFFERS
1. The proposed development will be built in substantial
conformity with the Balzer & Associates, Inc., plan dated February
27, 1997, a copy of which is attached to these Proffers as Exhibit
"A", subject to comprehensive development plan review and approval
by the Roanoke City Planning Commission.
2. No certificates of occupancy shall be issued for any new
structures on the property until such time as the proposed
interchange with 1-581 and access road are constructed and
operational.
3. A landscaped greenspace (a minimum of 75 feet along the
residential property and a portion of the property to be conveyed
to Valley View Wesleyan Church and a minimum of 60 feet along that
portion of the property between Valley View Wesleyan Church and
Round Hill Elementary School) with a 6 foot high berm and a black
vinyl chain link fence 6 feet high shall be constructed, planted
and maintained by the Property Owner until such time as ownership
of the landscaped greenspace can be conveyed to the Western
Virginia Land Trust or other organization acceptable to the City
of Roanoke. In the event that the issue of ownership cannot be
resolved, the berm, vinyl coated chain-link fence and landscaping
shall be constructed and maintained by the Property Owner.
4. That no fast food restaurants,
City Zoning Ordinance located thereon
8.769 acre parcel.
as defined in the Roanoke
shall be located on the
5. Ail lighting on the Property shall consist of lighting
fixtures designed with shields that prevent any illumination of
adjoining residential neighborhoods.
6. Ail dumpsters, loading docks, and heating/air conditions
and handling units shall be screened from public view by
landscaping, masonry or metal screen walls.
7. There shall be no motorized vehicular access from any
portion of the subject rezoning to the adjacent residential
neighborhood.
8. Pedestrian access between the Property and the adjacent
residential neighborhood will be provided only as requested by the
City of Roanoke.
9. Landscaping of the greenspace area shall be completed
within one (1) year of occupancy of any parcel on the property.
10. The exterior architectural treatment of buildings on the
Property shall be consistent with Commercial buildings at Valley
View Mall and have the same level of architectural detail on all
sides.
11. Landscaping of the landscaped greenspace will be in
substantial conformity with the attached typical 100 foot section
of the landscaped greenspace prepared by Hill Studios, P.C. dated
February 28, 1997.
12. The effective date of this rezoning shall be the date
the City accepts the dedication of proposed access road.
13. There will be no outdoor advertising structures or free
standing sign structures on the Property other than directional
signs and an entrance sign adjacent to Valley View Boulevard
Extended indicating entities located on the Property. Occupant
identification signs on buildings located on the Property will be
consistent with Valley View Mall.
flame
EXHIBIT "4"
PROPERTY OWNERS
Address
Roanoke Area Association for
Retarded Citizens
Jean B. Showalter, et al.
City of Roanoke Round Hill
School
TRS Valle!rview Wesleyan
Church
Randolph M. and Jane S. Mann
Rose M. Meadors
William H. and Alyce A. Gibbs
Mary F. Cole and
Earl Nesbitt
Jackie L. Austin
Earl L. and Opal T. Johnston
Donald F. and Mary B. Thomas
Donnie L. Williams
Charles A. Saunders
P.O. Box 6157
Roanoke, VA 24017
1272 Rockland Ave., NW
Roanoke, VA 24012
2250105
2250101
2020 Oakland Blvd., NW
Roanoke, VA 24012
2250102
2302 Oakland Blvd, N-W
Roanoke, VA 24012 2250104
3724 Greenland Ave., NW
Roanoke, VA 24012 2250602
2411 Vancouver Dr., NW
Roanoke, VA 24012 2260603
3710 Greenland Avenue, NW
Roanoke, VA 24012 2250604
P.O. Box 1198
Centennial Park,
86021
AZ
2250605
P.O. Box 47524
San Antonio, TX 78265 2140720
3544 Valley View Avenue NW
Roanoke, VA 24012 2140719
P.O. Box 6080
Lynchburg, VA 24505
102 Copperfield Road
Wirtz, VA 24184
2140418
2170409
P. O. Box 27403
Richmond, VA 23261 2151501
~STERHDUDT, FERgUSDN,
NATT, AHERDN & AGEE
ATTGRN£YS-AT-LAW
Bruce Edwin Moyer and Peggy
Ann Moyer
Robert P. Ruff and Esther
Marrs
711 High Street
Des Moines, IA 50309
3646 Greenland Avenue NW
Roanoke, VA 24012
2151502
2151503
EXHIBIT "5"
'ADJACF/~T PROPERT"f OWNERS
Address
William Watts
1272 Rockland Avenue,
Roanoke, VA 24012
Littlefield, Adams & Co
1302 Rockland Ave., N.W.
Roanoke, VA
J.W. Burress, Inc. and
Aeroflight, Incorporated
P.O. Box 719
Roanoke, VA 24004
ro err a d
1301 Rockland Ave., N.W.
The Macke Company
P.O. Box 360
Roanoke, VA 24003
oroDertv address
1231 Rockland Ave.,
Dorothy Helms H. Walton
P.O. Box 27403
Riuchmond, VA 23261
proDertv address
1835 Court Street, N.W.
Anthony T. and Kelly S. Claytor
P.O. Box 26388
Richmond, VA 23260
orooertv address
1829 Court Street, N.W.
Robert R. and Louise M. Johnson
1603 Wesgside Blvd., N.W.
Roanoke, VA 24017
property address
1825 Court Street, N.W.
William F. and Betty R. Entsminger
Rt. 2, Box 304-D
Vinton, VA 24179
Dropertv address
1813 Court Street, N.W.
James R..and Sheila S. Muse
1134 Marlian Ave., N.W.
Roanoke, VA 24012
Tax MaD
2130701
2130702
2130704
2131301
2131302
2130801
2131001
2131002
2131003
2130901
2130902
M#367111
James W. and Margaret E.
926-8th Street, N.W.
Roanoke, VA 24016
Mitchell
Petunia Barlow
P.O. Box 127
Roanoke,, VA 24027
property address
1122 Marlain Ave., NW
Charles W. and Dorothy M. Jones
P.O. Box 740040
Louisville, KY 40201
property addre~
1116 Marlian Ave., NW
Donald L. Hensley
1141 Rockland Ave.,
Roanoke, VA 24017
Betty L. Stewart
6056 S. Fashion Square
Murray, UT 84107
oroDer~v address
1135 Rockland Ave., NW
Rd., $300
Sandra S. Jordan
P.O. Box 12701
Roanoke, VA 24027
mrooertv addres~
1!29 Rockland Ave.,
Shirley S. Brown
P.O. Box 12701
Roanoke, VA 24027
Drooertv address
1123 Rockland Ave.,
Phillip W. and Ania M. Barrett
P.O. Box 12701
Roanoke, VA 24027
oroDertv address
1117 Rockland Ave., NW
Lester Enterprises
P.O. Box 7206
Norfolk, VA 23509
orooertv address
1122 Rockland Ave., NW
Philip J., Jr. and Lois L.
P.O. Box 26149
Bolden
2130903
2130904
2130905
2130906
2130907
2130908
2130909
2130910
2130703
M#367111 2
Richmond, VA 23260
property address
1118 Alview Ave., NW
Richard W. and Vertie W.
1718 Greenridge Rd.
Salem, VA 24153
~ address
Tenth Street, N.W.
Nott
Jean B. Showalter, et als.
1272 Rockland Ave., NW
Roanoke, VA 24012
o t e
Oakland Boulevard N.W.
Trs. Valleyview Wesleyan Church
2302 Oakland Blvd. NW
Roanoke, VA 24012
John J. Showalter or Cleo S.
3914 Greenland Ave. NW
Roanoke VA 24012
Nolley
Wayne C. & Mary E. Bowman
3908 Greenland Ave. NW
Roanoke VA 24012
Norma Jean Ridenhour or Augusta Jeanette Dillon
3902 Greenland Ave.
Roanoke VA 24012
Belva Perrine or Harlin Perrine
3836 Greenland Ave. NW
Roanoke VA 24012
John C. & Virgie C. Perrine
3836 Greenland Ave. NW
Roanoke VA 24012
Billy Dean & Alice Marie Creger
3822 Greenland Ave. NW
Roanoke VA 24012
Sofia R. Dominguez
3810 Greenland Ave.
Roanoke VA 24012
Fred H. & Isabelle J. Atalla
3802 Greenland Ave. NW
Roanoke VA 24012
2130417
2130418
2259191
2250102
2£5'Olo
2250501
2250502
2250503
2250504
2250505
2250506
2250507
2250508
2250509
2250510
M#367111 3
John B. & Mary K. No'f~singer
3730 Greenland Ave. NW
Roanoke, VA 24012
Randolph M. & Jane S. Mann
3724 Greenland Ave. NW
Roanoke, VA 24012
William H. & Alyce A. Gibbs
3710 Greenland Ave. NW
Roanoke, VA 24012
Norma Findley Ramsey Cabaniss
261 Locust St. - Tax Dept.
Hartford, CT 06114
Wal-Mart Stores, Inc.
4807 Valley View Boulevard,
Roanoke, VA
City of Roanoke Huff Lane School
__ Huff Lane Road, NW
Roanoke, VA 24012
Roanoke Area Assoc. for Retarded Citizens
P.O. Box 6157
Roanoke, VA 24017
Trs. Valleyview Wesleyan Church
2302 Oakland Blvd. NW
Roanoke, VA 24012
City of Roanoke Round Hill School
2020 Oakland Boulevard, NW
Roanoke, VA 24012
John J. Showalter
3914 Greenland Ave.,
Roanoke, VA 24012
Wayne C. and Mary E. Bowman
3908 Greenland Ave., NW
Roanoke, VA 24012
Norma Jean Ridenhour or
Augusta Jeanet~e Dillon
3902 Greenland Ave., NW
Roanoke, VA 24012
Belva or.~arlin Perrine
3836 Greenland Ave., NW
Roanoke, ,VA 24012
M#367111 4
2250601
2250602
2250603
2250604
2250605
2370102
2370101
2250105
2250104
2250102
2250501
2250502
2250503
2250504
John C. ~ virgie C. perrine
3836 Greenland Ave., ~
Roanoke, VA 14011
Billy Dean and Alice Marie Creger
3822 Greenland Ave., b54
Roanoke, VA 24012
so, ia R. D°mingueZ
1691 Mt. Pass
TroutVille, VA 24175
David %' and shirley H. Wood
3802 Greenland Ave., 5IW
Roanoke, VA 24011
John B. and MarY K. No~tSinger
3730 Greenland Ave.,
Roanoke, VA 24012
Randolph M. and Jane S. Mann
3724 Greenland Ave., NW
Roanoke, VA 24012
William H. and Alyce A. Gibbs
3710 Greenland Ave., NW
Roanoke, VA 24012
Norma Findley RamSey cabinasS
3702 Greenland Ave., 554
Roanoke, VA 24012
Linda C. Garner
3546 Greenland Ave., NW
Roanoke, VA
Allen T. & MarY M. wilson
2317 Oakland Blvd., bTW
Roanoke, VA
Helen K. Burner
3543 cour~land Ave.,
Roanoke, VA
Helen K. Burner
1311 Oakland Blvd., and 2313
Roanoke, VA
William J- and Kathy B. ParenSi
3544 Courtland Ave., NW
Roanoke, VA
2250505
2250506
2250507
2250500
2250509
2250510
2250601
2250602
2250603
2250604
2250605
2140101
2140102
2140120
2140409
M#~6711~
Donald F. and Mary B. ~Thomas
3541 Valley View Ave., N-W
Roanoke VA
Earl L. and Opal T. Johnson
3544 Valley View Ave., NW
Roanoke, VA 24012
Jackie L. Austin
1241 Greenhurst Ave., NW
Roanoke VA
Betty S. Fulton
1242 Greenhurst Ave., NW
Roanoke VA
Emmett W. and Audrey $. Taylor
1241 Pleasant View Ave., NW
Roanoke VA
Pamela Lea Williams
1242 Pleasant View Ave.,
Roanoke VA
Roanoke Regional Airport
Oakland Blvd., NW
Roanoke VA
Charles A. Saunders
3660 Greenland Ave.,
Roanoke VA
Bruce Edwin and Peggy Ann Moyer
3652 Greenland Ave., NW
Roanoke VA
Robert P. and Esther Marrs Ruff
3646 Greenland Ave., NW
Roanoke VA
Kirk E. and Janet R. Kessler
3638 Greenland Ave., NW
Roanoke VA
Virginia G. Jones
3634 Greenland Ave., NW
Roanoke VA
George and Dora Lee Sorkine
3626 Gre~a~land Ave., NW
Roanoke, VA
2140418
2140719
2140720
2141101
2141201
2141401
2141412
2151501
2151502
2151503
2151504
2151505
2151506
M#367111 6
John W. and Susan P. Coles
3620 Greenland Ave., NW
Roanoke, VA
Eileen A. Russell
2328 Oakland Blvd.,
Roanoke, VA
Shirley P. Smith
2322 Oakland Blvd.,
Roanoke, VA
2151507
2151508
2151509
M~367111 7
OSTI~RHOUDT, FERCUSON. NATT. AHER. ON g AGEE
April 3, 1997
VIA F~%ND DELIVERY
Mary Parker, City Clerk
456 Municipal Building
215 Church Avenue, SW
Roanoke, VA 24011
Re: ARC rezoning
Dear Ms. Parker:
Enclosed please find the Second Amended Petition to Rezone of
ARC Roanoke for a 8.769 acre parcel in the City. By copy of this
letter, I am providing the Roanoke City Planning Department with a
copy of the Second Amended Petition.
Should you need anything further, please advise.
With best personal regards, I am,
Very truly yours,
Edward A. Natt
EAN/laf
Enclosure
cc: Ms. Evelyn S. Lander
Roanoke City Planning
Mr. Richard Dickson
James F. Douthat, Esq.
TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA
PERTAINING TO THE REzoNING REQUEST OF:
Roanoke Area Association for Retarded Citizens for property in )
Valley View Mall Area, pt. of Official Tax No. 2250105 be )AFFIDAVIT'
from RS-3 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 24th day of February, 1997, notices of a public hearing to be held on
the 5th day of March, 1997, on the rezoning captioned above to the owner or agent of the parcels
listed below at their last known address:
Parcel
2250101
2250102
2250104
2250602
2250603
2250604
2250605
2140720
2140719
2140418
2151501
2140409
Owner's Name
Jean B. Showalter, et al
Round Hill Elementary School
Trustees, Valley View Wesleyan
Randolph and Jane Mann
William and Alyce Gibbs
Mary F. and Nesbitt E. Cole
Jackie L. Austin
Earl and Opal Johnston
Donald and Mary Thomas
Charles A. Saunders
William and Kathy Parenti
Mailing Address
1272 Rockland Avenue, NW
Roanoke, VA 24012
2302 Oakland Boulevard, NW
Roanoke VA 24012
3724 Greenland Avenue, NW
Roanoke VA 24012
3710GreenlandAvenue, NW
Roanoke VA 24012
3702GreenlandAvenue, NW
Roanoke VA 24012
1241 Greenhurst Avenue, NW
Roanoke VA 24012
3544 Valley View Avenue, NW
Roanoke VA 24012
3541 Valley View Avenue, NW
Roanoke VA 24012
3660 Greenland Avenue, NW
Roanoke, VA 24012
3544 Courtland Avenue, NW
Roanoke, VA 24012
2151502
2151503
2151504
Bruce and Peggy Moyer
Robert and Esther Ruff
Kirk and Janet Kessler
3652 Greenland Avenue, NW
Roanoke, VA 24012
3646GreenlandAvenue, NW
Roanoke, VA 24012
3638GreenlandAvenue, N W
Roanoke, VA 24012
Martha Pace Franklin
SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia,
this 24th day of February, 1997
~lq&~r~ Pubhc ~ -
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) 853-2541
Fax: (540) 853-1145
SANDRA H. EAK1N
Deputy City Clerk
March 5, 1997
File #51
John R. Marlles, Agent
City Planning Commission
Roanoke, Virginia
Dear Mr. Mariles:
Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am
attaching copy of an amended petition from Edward A. Naif, Attorney, representing Arc Roanoke,
Inc., requesting that a tract of land located on the west side of Oakland Boulevard, N. W., containing
8.769-acres, more or less, described as Official Tax No. 2250105, be rezoned from RS-3,
Residential Single Family 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
Enc.
pc;
The Honorable Mayor and Members of the Roanoke City Council
Edward A. Naif, Attorney, Osterhoudt, Ferguson, Naif, Aheron & Agee,
1919 Electric Road, S. W., Roanoke, Virginia 24018
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 RE .-
IN THE COUNCIL OF THE CITY OF ROANOKE, VIROINIA
Request of Arc Roanoke, Inc., to rezone approximately
8.769 acres property of Official Tax No. 2250105 located
on the west side of Oakland Blvd., from RS-3 Residential
Single Family District to C-2 General Commercial
District subject to certain conditions proffered by the
petitioner.
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF
ROANOKE:
The Petitioner, Arc Roanoke, Inc., owns land in the City of
Roanoke containing 12.97 acres, more or less, located west of
Oakland Blvd., said property being currently zoned RS-3,
Residential Single Family District. Petitioners hereby request
rezoning of approximately 8.769 acres of said tract to C-2,
General Commercial District. A map of the property to be rezoned
is attached as Exhibit "1".
Pursuant to Section 36.1-690, Code of the City of Roanoke
(1979), as amended, the Petitioner requests that the hereinafter
described property, identified as a portion of Official Tax number
2250105, be rezoned from RS-3 Residential Single Family District
to C-2, General Commercial District, subject to certain conditions
set forth below, said property being described on Exhibit "2"
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 provide an
appropriate location for future commercial uses.
The Petitioner hereby proffers and agrees that if the said
tract is rezoned as requested, that the rezoning will be subject
to, and that the Petitioner will abide by, the conditions set
forth on Exhibit "3".
This property is adjacent to the approximately 41.74 acre
parcel owned by Katherine Watts, et al., which is the subject of
a rezoning, with conditions, from L.M. Light Manufacturing and RS-
3 Residential District to C-2 District, which is respectfully
requested should be heard in conjunction with this Petition.
If necessary, a Form 7460-1, Notice to Proposed Construction,
will be filed with the Federal Aviation Administration for a
determination by the FAA that the construction would have no
substantial adverse affect on the safe and efficient utilization
of navigable air space or on the operation of the air navigation
facilities.
Attached as Exhibit "4" are the names, addresses and tax
numbers of the owner or owners of all lots or property immediately
adjacent to immediately across a street or road from the property
to be rezoned. Attached as Exhibit "5" are the names, addresses
and tax numbers of the owners surrounding this zoning and the
Faison Realty Equities on zoning.
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 f'~~ , 1997.
RESPECTFULLY SUBMITTED,
Of Counsel
P.O. Box 6220
Roanoke, VA 24017
Signature of Owner
Z:\WP50\LISA\ARC.PET:laf03/03/97
EXHIBIT "1"
EXHIBIT "2"
LEGAL DESCRIPTION
· - FOR
8.769 ACRES OF LAND BEING REZONED
FROM RS-3 TO C-2 SITUATED IN THE
NORTHWEST SECTION OF THE CITY OF
ROANOKE AND MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTHWESTERLY LINE OF OAKLAND
BOULEVARD, N.W. (60' RIGHT-OF-WAY), 974.84' AS MEASURED ALONG THE
NORTHWESTERLY LINE OF OAKLAND BOULEVARD, SOUTHWESTERLY FROM ITS
POINT OF INTERSECTION WITH THE SOUTHWESTERLY LINE OF GREENLAND
AVENUE; THENCE LEAVING SAID POINT AND WITH THE LINE OF PROPERTY OF
THE CITY OF ROANOKE AS RECORDED IN DEED BOOK 1066, PAGE 375, N
48o17'32"W 323.72 FEET TO A POINT ON THE LINE OF SAID CITY OF
ROANOKE PROPERTY, THE ACTUAL POINT OF BEGINNING; THENCE WITH THE
LINE OF SAID CITY OF ROANOKE PROPERTY N48°17'32"W 612.67 FEET TO A
POINT ON THE LINE OF PROPERTY OF DAVID W. AND RAENA GORDON
SHOWALTER AS RECORDED IN DEED BOOK 1625, PAGE 1355; THENCE WITH THE
LINE OF SAID SHOWALTER PROPERTY N42°07'28"E 713.59 FEET TO A POINT
ON THE LINE OF BLOCK K, MAP NO. 3 ROUND HILL TERRACE AS RECORDED IN
MAP BOOK t, PAGE 93; THENCE WITH THE LINE OF SAID MAP NO. 3 ROIFND
HILL TERRACE AND BLOCK F, MAP NO. 2 ROUND HILL TERRACE AS RECORDED
IN MAP BOOK 1, PAGE 58, S 50°51'00"E 358.35 FEET TO A POINT ON THE
LINE OF SAID MAP NO. 2 ROUND HILL TERRACE; THENCE WITH A LINE
THROUGH PROPERTY OF ROANOKE AREA ASSOCIATION FOR RETARDED CITIZENS,
INC. AS RECORDED IN DEED BOOK 1349, PAGE 122, S39o09'00"W 175.00
FEET TO A POINT; THENCE CONTINUING THROUGH SAID ROANOKE AREA
ASSOCIATION FOR RETARDED CITIZENS, INC. PROPERTY S15°24'00''E 204.69
FEET TO THE MOST WESTERLY CORNER OF PROPERTY OF TRUSTEES OF VALLEY
VIEW WESLEYAN CHURCH AS RECORDED IN DEED BOOK 1329, PAGE 358;
THENCE WITH THE LINE OF SAID TRUSTEES OF VALLEY VIEW WESLEYAN
CHURCH PROPERTY; S48°16'00"E 70.00 FEET TO A POINT ON THE LINE OF
SAID TRUSTEES OF VALLEY VIEW WESLEYAN CHURCH PROPERTY; THENCE WITH
A LINE THROUGH SAID ROANOKE AREA ASSOCIATION FOR RETARDED CITIZENS,
INC. PROPERTY S41°44'00"W 443.54 TO THE ACTUAL POINT OF BEGINNING,
CONTAINING 8.769 ACRES.
EXHIBIT 3
PROFFERS
1. The proposed development will be built in substantial
conformity with the Balzer & Associates, Inc., plan dated February
27, 1997, a copy of which is attached to these Proffers as Exhibit
"A", subject to comprehensive development plan review and approved
by the Roanoke City Planning Commission.
2. No certificates of occupancy shall be issued for any new
structures on the property until such time as the proposed
interchange with 1-581 and access road are constructed and
operational.
3. A landscaped greenspace (a minimum of 75 feet along the
residential property and a portion of the property to be conveyed
to Valley View Wesleyan Church and a minimum of 60 feet along that
portion of the property between Valley View Wesleyan Church and
Round Hill Elementary School) with a 6 foot high berm and a black
vinyl chain link fence 6 feet high shall be constructed, planted
and maintained by the Property Owner until such time as ownership
of the landscaped greenspace can be conveyed to the Western
Virginia Land Trust or other organization acceptable to the City
of Roanoke. In the event that the issue of ownership cannot be
resolved, the berm, vinyl coated chain-link fence and landscaping
shall be constructed and maintained by the Property Owner.
4. That no fast food restaurants,
City Zoning Ordinance located thereon
subject property.
as defined in the Roanoke
shall be located on the
5. Ail lighting on the Property shall consist of lighting
fixtures designed with shields that prevent any illumination of
adjoining residential neighborhoods.
6. Ail dumpsters, loading docks, and heating/air conditions
and handling units shall be screened from public view from
adjacent residential properties by landscaping or masonry walls.
7. There shall be no motorized vehicular access from any
portion of the subject rezoning to the adjacent residential
neighborhood.
8. Pedestrian access between the Property and the adjacent
residential neighborhood will be provided only as requested by the
City of Roanoke.
9. Landscaping of the greenspace area shall be completed
within one (1) year of occupancy of any parcel on the property.
10. The exterior architectural treatment of buildings on the
Property shall be consistent with Commercial buildings at Valley
View Mall and have the same level of architectural detail on all
sides.
11. Landscaping of the landscaped greenspace will be in
substantial conformity with the attached typical 100 foot section
of the landscaped greenspace prepared by Hill Studios, P.C. dated
February 28, 1997.
12. The effective date of this rezoning shall be the date on
which the proposed interchange with 1-581 and the access road are
constructed and operational.
Name
EXHIBIT "4"
PROPERTY OWNERS
Address
Roanoke Area Association for
Retarded CiZizens P.O. Box 6157
Roanoke, '.:A 24017 2250105
Jean B. Showalter, et al. 1272 Rockland Ave., NW
Roanoke, VA 24012 2250101
City of Roanoke Round Hill
School 2020 Oakland Blvd., NW _
Roanoke, VA 24012 2250102
TRS Valley-view Wesleyan
Church 2302 Oakland Blvd, N-W
Roanoke, ',~k 24012 2250104
Randolph M. and Jane S. Mann 3724 Greenland Ave., NW
Roanoke, ',fA 24012 2250602
Rose M. Meadors 2411 Vancmuver Dr., NW
Roanoke, '.-?= 24012 2260603
William H. and Alyce A. Gibbs 3710 Greenland Avenue, NW
Roanoke, VA 24012 2250604
Mary F. Cole and
Earl Nesbitt P.O. Box 1!98
Centennial Park,
86021
Jackie L. Austin
Earl L. and Opal T. Johnston
Donald F. and Mary B. Thomas
Donnie L. Williams
Charles A. Saunders
AZ
2250605
P.O. Box 47524
San An~onzo, TX 78265 2140720
3544 Valley View Avenue NW
Roanoke, VA 24012 2140719
P.O. Box ~C80
Lynchburg, VA 24505 2140418
102 Copperfield Road
Wirtz, V~. 24184 2170409
P. O. Box 27403
Richmond, VA 23261 2151501
Bruce Edwin Moyer and Peggy
Ann Moyer
Robert P. Ruff and Esther
Marrs
711 High Street
Des Moines, IA 50309
3646 Greenland Avenue
Roanoke, VA 24012
2151502
2151503
EXHIBIT "5"
'ADJACENT PROPERTY OW1TERS
Address
william Watts
1272 Rockland Avenue, N.W.
Roanoke, VA 24012
Littlefield, Adams & Co
1302 Rockland Ave., N.W.
Roanoke, VA
J.W. Burress, Inc. and
Aeroflight, Incorporated
P.O. Box 719
Roanoke, VA 24004
roep_~addrsg~_~
1301 Rockland Ave., N.W.
The Macke Company
P.O. Box 360
Roanoke, VA 24003
ro err ad r ss
1231 Rockland Ave.,
NoW.
Dorothy Helms H. Walton
P.O. Box 27403
Riuchmond, VA 23261
roep_~addres_~
1835 Court Street, N.W.
Anthony T. and Kelly S. Claytor
P.O. Box 26388
Richmond, VA 23260
~ress
1829 Court Street, N.W.
Robert R. and Louise M. Johnson
1603 Westside Blvd., N.W.
Roanoke, VA 24017
ro err addre s
1825 Court Street, N.W.
William F. and Betty R.
Rt. 2, Box 304-D
Vinton, VA 24179
ro err addre s
1813 Court Street, N.W.
Entsminger
James R. and Sheila S. Muse
1134 Marlian Ave., N.W.
Roanoke, VA 24012
Tax MaD Number
2130701
2130702
2130704
2131301
2131302
2130801
2131001
2131002
2131003
2130901
2130902
M#367111 i
James W. and Margare~ E.
926-8th Street, N.W.
Roanoke, VA 24016
Mitchell
Petunia Barlow
P.O. Box 127
Roanoke,, VA 24027
ro err address
1122 Marlain Ave., NW
Charles W. and Dorothy M.
P.O. Box 740040
Louisville, KY 40201
ro err address
1116 Marlian Ave., NW
Jones
Donald L. Hensley
1141 Rockland Ave.,
Roanoke, VA 24017
Betty L. Stewart
6056 S. Fashion Square Rd.,
Murray, UT 84107
ro err addr ss
1135 Rockland Ave., NW
~300
Sandra S. Jordan
P.O. Box 12701
Roanoke, VA 24027
ro err address
1129 Rockland Ave., NW
Shirley S. Brown
P.O. Box 12701
Roanoke, VA 24027
property addres~
1123 Rockland Ave.,
Phillip W. and Ania M. Barrett
P.O. Box 12701
Roanoke, VA 24027
ro err ad tess
1117 Rockland Ave., NW
Lester Enterprises
P.O. Box 7206
Norfolk, VA 23509
Dropert¥ address
1122 Rockland Ave.,
Philip J., Jr. and Lois L. Bolden
P.O. Box 26149
2130903
2130904
2130905
2130906
2130907
2130908
2130909
2130910
2130703
M#367111 2
Richmond, VA 23260
roep_~address
1118 Alview Ave., NW
Richard W. and Vertie W.
1718 Greenridge Rd.
Salem, VA 24153
roep~address
Tenth Street, N.W.
Nott
Jean B. Showalter, et als.
1272 Rockland Ave., NW
Roanoke, VA 24012
o err address
Oakland Boulevard N.W.
Trs. Valleyview Wesleyan Church
2302 Oakland Blvd. NW
Roanoke VA 24012
John J. Showalter or Cleo S. Nolley
3914 Greenland Ave. NW
Roanoke VA 24012
Wayne C. & Mary E. Bowman
3908 Greenland Ave. NW
Roanoke VA 24012
Norma Jean Ridenhour or Augusta Jeanette Dillon
3902 Greenland Ave.
Roanoke VA 24012
Belva Perrine or Harlin Perrine
3836 Greenland Ave. NW
Roanoke VA 24012
John C. & Virgie C. Perrine
3836 Greenland Ave. NW
Roanoke VA 24012
Billy Dean & Alice Marie Creger
3822 Greenland Ave. NW
Roanoke VA 24012
Sofia R. Dominguez
3810 Greenland Ave.
Roanoke VA 24012
Fred H. & Isabelle J. Atalla
3802 Greenland Ave. NW
Roanoke VA 24012
2130417
2130418
2259191
2250102
22~50104
2250501
2250502
2250503
2250504
2250505
2250506
2250507
2250508
2250509
2250510
M#367111 3
John B. & Mary K. Nof~singer
3730 Greenland Ave. NW
Roanoke, VA 24012
Randolph M. & Jane So Mann
3724 Greenland Ave. NW
Roanoke, VA 24012
William H. & Alyce A. Gibbs
3710 Greenland Ave. NW
Roanoke, VA 24012
Norma Findley Ramsey Cabaniss
261 Locust St. - Tax Dept.
Hartford, CT 06114
Wal-Mart Stores, Inc.
4807 Valley View Boulevard, NW
Roanoke VA
City of Roanoke Huff Lane School
Huff Lane Road, NW
Roanoke VA 24012
Roanoke Area Assoc.
P.O. Box 6157
Roanoke VA 24017
for Retarded Citizens
Trs. valleyview Wesleyan Church
2302 Oakland Blvd. NW
Roanoke VA 24012
City of Roanoke Round Hill School
2020 Oakland Boulevard, NW
Roanoke VA 24012
John J. Showalter
3914 Greenland Ave.,
Roanoke VA 24012
Wayne C. and Mary E. Bowman
3908 Greenland Ave., NW
Roanoke, VA 24012
Norma Jean Ridenhour or
Augusta Jeanette Dillon
3902 Greenland Ave., NW
Roanoke, VA 24012
Belva or Harlin Perrine
3836 Greenland Ave., NW
Roanoke, ,VA 24012
2250601
2250602
2250603
2250604
2250605
2370102
2370101
2250105
2250104
2250102
2250501
2250502
2250503
2250504
M#367111 4
John C. & Virgie C. Perrine
3836 Greenland Ave., NW
Roanoke, VA 24012
Billy Dean and Alice Marie Creger
3822 Greenland Ave., NW
Roanoke, VA 24012
Sofia R. Domin~uez
1691 Mt. Pass Rd.
Troutville, VA 24175
David I. and Shirley H. Wood
3802 Greenland Ave., NW
Roanoke, VA 24012
John B. and Mary K. Noftsin~er
3730 Greenland Ave., NW
Roanoke, VA 24012
Randolph M. and Jane S. Mann
3724 Greenland Ave., NW
Roanoke, VA 24012
William H. and Alyce A.
3710 Greenland Ave., NW
Roanoke, VA 24012
Gibbs
Norma Findley Ramsey Cabinass
3702 Greenland Ave., NW
Roanoke, VA 24012
Linda C. Garner
3546 Greenland Ave.,
Roanoke, VA
Allen T. & Mary M. Wilson
2317 Oakland Blvd., NW
Roanoke, VA
Helen K. Burner
3543 Courtland Ave., NW
Roanoke, VA
Helen K. Burner
2311 Oakland Blvd.,
Roanoke, VA
and 2313
William J. and Kathy B.
3544 Courtland Ave., NW
Roanoke, VA
Parenti
2250505
2250506
2250507
2250508
2250509
2250510
2250601
2250602
2250603
2250604
2250605
2140101
2140102
2140119
2140120
2140409
M#367111 5
Donald F. and Mary B. Thomas
3541 Valley View Ave., NW
Roanoke VA
Earl L. and Opal T. Johnson
3544 Valley View Ave., NW
Roanoke VA 24012
Jackie L. Austin
1241 Greenhurst Ave.,
Roanoke VA
Betty S. Fulton
1242 Greenhurst Ave.,
Roanoke VA
Emmett W. and Audrey S. Taylor
1241 Pleasant View Ave., NW
Roanoke VA
Pamela Lea Williams
1242 Pleasant View Ave.,
Roanoke VA
Roanoke Regional Airport
Oakland Blvd., NW
Roanoke VA
Charles A. Saunders
3660 Greenland Ave.
Roanoke VA
Bruce Edwin and Peggy Ann Moyer
3652 Greenland Ave. NW
Roanoke VA
Robert P. and Esther Marrs Ruff
3646 Greenland Ave. N-W
Roanoke VA
Kirk E. and Janet R. Kessler
3638 Greenland Ave. NW
Roanoke VA
Virginia G. Jones
3634 Greenland Ave.
Roanoke VA
George and Dora Lee Sorkine
3626 Greenland Ave. NW
Roanoke VA
2140418
2140719
2140720
2141101
2141201
2141401
2141412
2151501
2151502
2151503
2151504
2151505
2151506
M#367111 6
John W. and Susan P. Coles
3620 Greenland Ave., NW
Roanoke, VA
Eileen A. Russell
2328 Oakland Blvd.,
Roanoke, VA
Shirley P. Smith
2322 Oakland Blvd.,
Roanoke, VA
2151507
2151508
2151509
M#367111 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) 853-2541
Fax: 1540) 853-1145
SANDRA H. EAKIN
Deputy City Clerk
February 10, 1997
File ff.51
John R. Madles, Agent
City Planning Commission
Roanoke, Virginia
Dear Mr. Marries:
Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am
attaching copy of a petition from Edward A. Nalt, Attorney, representing Arc Roanoke, Inc.,
requesting that a tract of land located on the we~t ~le of Oakland Boulevard, N. W., containing
8.769-acres, more or less, described as Official Tax No. 2250105, be rezoned from RS-3,
Residential Single Family District, to C-2, General ~ District, subject to certain conditions
proffered by the petitioner.
Sincerely.
Mary F. Pat~lt, CMC/AAE
City Clerk
MFP:sm
Enc.
po:
The Honorable Mayor and Members of the Roanoke City Council
Edward A. Naif, Attomey, Osterhoudt, Fe~gu~xt, Naif, Aheron & Agee,
1919 Electric Road, S. W., Roanoke, Virginia 24018
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:
Request of Arc Roanoke, Inc., to rezone property
identified as Official Tax No. 2250105 containing 8.769
acres located on the west side of Oakland Blvd., from
RS-3 Residential Single Family District to C-2 General
Commercial District subject to certain conditions
proffered by the petitioner.
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF
ROANOKE:
The Petitioner, Arc Roanoke, Inc., owns land in the City of
Roanoke containing 8.769 acres, more or less, located west of
Oakland Blvd., identified as Official Tax Number 2250105 currently
zoned RS-3, Residential Single Family District. A map of the
property to be rezoned is attached as Exhibit "1"
Pursuant to Section 36.1-690, Code of the City of Roanoke
(1979), as amended, the Petitioner requests that the property
identified as Official Tax number 2250105 be rezoned from RS-3
Residential Single Family District to C-2, General Commercial
District, subject to certain conditions set forth below, for the
purpose of establishing a sheltered workshop, said property being
described on Exhibit "2".
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 provide an
appropriate location for a sheltered workshop and future
commercial uses.
The Petitioner hereby proffers and agrees that
tract
if the said
is rezoned as requested, that the rezoning will be subject
to, and that the Petitioner will abide by, the conditions set
forth on Exhibit "3".
This property is adjacent to the approximately 47.74 acre
parcel owned by Katherine Watts, et al., which is the subject of
a rezoning, with conditions, from L.M. Light Manufacturing and RS-
3 Residential District to C-2 District, which is respectfully
requested should be heard in conjunction with this Petition.
If necessary, a Form 7460-1, Notice to Proposed Construction,
will be filed with the Federal Aviation Administration for a
determination by the FAA that the construction would have no
substantial adverse affect on the safe and efficient utilization
of navigable air space or on the operation of the air navigation
facilities.
Attached as Exhibit "4" are the names, addresses and tax
numbers of the owner or owners of all lots or property immediately
adjacent to immediately across a street or road from the property
to be rezoned. Attached as Exhibit "5" are the names, addresses
and tax numbers of the owners surrounding this zoning and the
Faison Realty Equities on zoning.
W/{EREFORE, 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__ __, 19~.
3904 Virginia Avenue,
Roanoke,-~ 24017
(540~)
~ day of ~
RESPECTFULLY SUBMITTED,
Of counsel
EXHIBIT "1"
EXHIBIT "2"
LEGAL DESCRIPTION
FOR
8.769 ACRES OF LAND BEING REZONED
FROM RS-3 TO C-2 SITUATED IN THE
NORTHWEST SECTION OF THE CITY OF
ROANOKE AND MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTHWESTERLY LINE OF OAKLAND
BOULEVARD, N.W. (60' RIGHT-OF-WAY), 974.84' AS MEASURED ALONG THE
NORTHWESTERLY LINE OF OAKLAND BOULEVARD, SOUTHWESTERLY FROM ITS
POINT OF INTERSECTION WITH THE SOUTHWESTERLY LINE OF GREENLAND
AVENUE; THENCE LEAVING SAID POINT AND WITH THE LINE OF PROPERTY OF
THE CITY OF ROANOKE AS RECORDED IN DEED BOOK 1066, PAGE 375, N
48°17'32"W 323.72 FEET TO A POINT ON THE LINE OF SAID CITY OF
ROANOKE PROPERTY, THE ACTUAL POINT OF BEGINNING; THENCE WITH THE
LINE OF SAID CITY OF ROANOKE PROPERTY N48°17'32"W 612.67 PEET TO A
POINT ON THE LINE OF PROPERTY OF DAVID W. AND RAENA GORDON
SHOWALTER AS RECORDED IN DEED BOOK 1625, PAGE 1355; THENCE WITH THE
LINE OF SAID SHOWALTER PROPERTY N42°07'28"E 713.59 FEET TO A POINT
ON THE LINE OF BLOCK K, MAP NO. 3 ROUND HILL TERRACE AS RECORDED IN
MAP BOOK 1, PAGE 93; THENCE WITH THE LINE OF SAID MAP NO. 3 ROUND
HILL TERRACE AND BLOCK F, MAP NO. 2 ROUND HILL TERRACE AS RECORDED
IN MAP BOOK 1, PAGE 58, S 50°51'00"E 358.35 FEET TO A POINT ON THE
LINE OF SAID MAP NO. 2 ROUND HILL TERRACE; THENCE WITH A LINE
THROUGH PROPERTY OF ROANOKE AREA ASSOCIATION FOR RETARDED CITIZENS,
INC. AS RECORDED IN DEED BOOK 1349, PAGE 122, S39°09'00"W 175.00
FEET TO A POINT; THENCE CONTINUING THROUGH SAID ROANOKE AREA
ASSOCIATION FOR RETARDED CITIZENS, INC. PROPERTY S15o24'00"E 204.69
FEET TO THE MOST WESTERLY CORNER OF PROPERTY OF TRUSTEES OF VALLEY
VIEW WESLEYAN CHURCH AS RECORDED IN DEED BOOK 1329, PAGE 358;
THENCE WITH THE LINE OF SAID TRUSTEES OF VALLEY VIEW WESLEYAN
CHURCH PROPERTY; S48o16'00"E 70.00 FEET TO A POINT ON THE LINE OF
SAID TRUSTEES OF VALLEY VIEW WESLEYAN CHURCH PROPERTY; THENCE WITH
A LINE THROUGH SAID ROANOKE AREA ASSOCIATION FOR RETARDED CITIZENS,
INC. PROPERTY S41o44'00"W 443.54 TO THE ACTUAL POINT OF BEGINNING,
CONTAINING 8.769 ACRES.
EXHIBIT 3
PROFFERS
1. The proposed development will be built in substantial
conformity with the site plan dated December 3, 1996, prepared by
Balzer & Associates, Inc., a copy of which is attached to these
Proffers as Exhibit "A", subject to comprehensive development plan
review and approved by the Roanoke City Planning Commission.
2. Ail buildings shall be constructed more than 30 feet
from the 75 foot landscaped buffer.
3. No certificates of occupancy shall be issued for any new
structures in the subject area until such time as the proposed new
interchange with 1-581 and new service road is constructed and is
operational.
4. The subsequent development of all out-parcels shall also
be subject to comprehensive site plan approval by the Roanoke City
Planning Commission.
5. A landscaped green space a minimum of 75 feet wide with
a berm and a black or green vinyl coated chain link fence six feet
high adjoining all single family residences shall be constructed,
planted and maintained by the petitioner until such time as
ownership can be conveyed to the Western Virginia Land Trust or
other organization acceptable to the City of Roanoke. In the
event that the issue of ownership cannot be resolved, the berm,
vinyl coated chain-link fence and landscaping shall be constructed
and maintained at the property owner's expense.
6. That those portions of the rezoned property designated
as "out parcels" on the plat attached hereto shall be for general
commercial purposes. That the remaining portion of the parcel
rezoned shall be used as a sheltered workshop.
7. Ail lighting, including lighting of the structure
itself, signs, and parking lots, shall be directed away from the
adjoining residential neighborhoods.
8. Ail dumpsters, loading docks, and heating/air conditions
and handling units shall be screened from public view from
adjacent residential properties.
9. There shall be no vehicular access from any portion of
the subject rezoning to the adjacent residential neighborhood.
10. Pedestrian access between the Property and the adjacent
residential neighborhood will be provided only as requested by the
City of Roanoke.
Name
EXHIBIT "4"
PROPERTY OWNERS
Address
T~x Numbers
Jean B.
City of
School
Roanoke Area Association for
Retarded Citizens
Showalter, et al.
Roanoke Round Hill
P.O. Box 6157
Roanoke, VA 24017 2250105
1272 Rockland Ave., NW
Roanoke, VA 24012 2250101
2020 Oakland Blvd., NW
Roanoke, VA 24012 2250102
TRS Valleyview Wesleyan
Church 2302 Oakland Blvd, NW
Roanoke, VA 24012 2250104
Randolph Mo and Jane S. Mann 3724 Greenland Ave., NW
Roanoke, VA 24012 2250602
Rose M. Meadors 2411 Vancouver Dr., NW
Roanoke, VA 24012 2260603
William H. and Alyce A. Gibbs 3710 Greenland Avenue, NW
Roanoke, VA 24012 2250604
Mary F. Cole and
Earl Nesbitt P.O. Box 1198
Centennial Park, AZ
86021
Jackie L. Austin
Earl L. and Opal T.
Donald F. and Mary B.
Donnie L. Williams
Charles A. Saunders
Johnston
Thomas
2250605
P. O. Box 27403
Richmond, VA 23261
P.O. Box 47524
San Antonio, TX 78265 2140720
3544 Valley View Avenue NW
Roanoke, VA 24012 2140719
P.O. Box 6080
Lynchburg, VA 24505 2140418
102 Copperfield Road
Wirtz, VA 24184 2170409
2151501
Bruce Edwin Moyer and Peggy
Ann Moyer
Robert P. Ruff and Esther
Marrs
711 High Street
Des Moines, IA 50309
3646 Greenland Avenue NW
Roanoke, VA 24012
2151502
2151503
EXHIBIT "5"
ADJACENT PROPERTY OWNERS
Address
William Watts
1272 Rockland Avenue,
Roanoke, VA 24012
Littlefield, Adams & Co
1302 Rockland Ave., N.W.
Roanoke, VA
J.W. Burress, Inc. and
Aeroflight, Incorporated
P.O. Box 719
Roanoke, VA 24004
property address
1301 Rockland Ave., N.W.
The Macke Company
P.O. Box 360
Roanoke, VA 24003
DroDertv address
1231 Rockland Ave., N.W.
Dorothy Helms H. Walton
P.O. Box 27403
Riuchmond, VA 23261
property address
1835 Court Street, N.W.
Anthony T. and Kelly S. Claytor
P.O. Box 26388
Richmond, VA 23260
property address
1829 Court Street, N.W.
Robert R. and Louise M. Johnson
1603 Westside Blvd., N.W.
Roanoke, VA 24017
property address
1825 Court Street, N.W.
William F. and Betty R.
Rt. 2, Box 304-D
Vinton, VA 24179
property address
1813 Court Street, N.W.
Entsminger
James R. and Sheila S. Muse
1134 Marlian Ave., N.W.
Roanoke, VA 24012
M#367111
Tax MaD N~,mher
2130701
2130702
2130704
2131301
2131302
2130801
2131001
2131002
2131003
2130901
2130902
James W. and Margaret E. Mitchell
926-8th Street, N.W.
Roanoke, VA 24016
Petunia Barlow
P.O. Box 127
Roanoke,, VA 24027
property address
1122 Marlain Ave., NW
Charles W. and Dorothy M.
P.O. Box 740040
Louisville, KY 40201
property address
1116 Marlian Ave., NW
Jones
Donald Lo Hensley
1141 Rockland Ave.,
Roanoke, VA 24017
Betty L. Stewart
6056 S. Fashion Square Rd.,
Murray, UT 84107
property address
1135 Rockland Ave., NW
#300
Sandra S. Jordan
P.O. Box 12701
Roanoke, VA 24027
property address
1129 Rockland Ave.,
Shirley S. Brown
P.O. Box 12701
Roanoke, VA 24027
property address
1123 Rockland Ave.,
Phillip W. and Ania M.
P.O. Box 12701
Roanoke, VA 24027
property address
1117 Rockland Ave., NW
Barrett
Lester Enterprises
P.O. Box 7206
Norfolk, VA 23509
property address
1122 Rockland Ave.,
Philip J., Jr. and Lois L. Bolden
P.O. Box 26149
M#367111 2
2130903
2130904
2130905
2130906
2130907
2130908
2130909
2130910
2130703
Richmond, VA 23260
proDert¥ address
1118 Alview Ave., NW
Richard W. and Vertie W. Nott
1718 Greenridge Rd.
Salem, VA 24153
property address
Tenth Street, N.W.
Jean B. Showalter, et als.
1272 Rockland Ave., NW
Roanoke, VA 24012
property address
Oakland Boulevard N.W.
Trs. Valleyview Wesleyan Church
2302 Oakland Blvd. NW
Roanoke, VA 24012
John J. Showalter or Cleo S. Nolley
3914 Greenland Ave. NW
Roanoke, VA 24012
Wayne C. & Mary E. Bowman
3908 Greenland Ave. NW
Roanoke, VA 24012
Norma Jean Ridenhour or Augusta Jeanette Dillon
3902 Greenland Ave.
Roanoke, VA 24012
Belva Perrine or Harlin Perrine
3836 Greenland Ave. NW
Roanoke, VA 24012
John C. & Virgie C. Perrine
3836 Greenland Ave. NW
Roanoke, VA 24012
Billy Dean & Alice Marie Creger
3822 Greenland Ave. NW
Roanoke, VA 24012
Sofia R. Dominguez
3810 Greenland Ave.
Roanoke, VA 24012
Fred H. & Isabelle J. Atalla
3802 Greenland Ave. NW
Roanoke, VA 24012
2130417
2130418
2259191
2250102
2250104
2250501
2250502
2250503
2250504
2250505
2250506
2250507
2250508
2250509
2250510
M#367111 3
John B. & Mary K. Noftsinger
3730 Greenland Ave. NW
Roanoke, VA 24012
Randolph M. & Jane S. Mann
3724 Greenland Ave. NW
Roanoke, VA 24012
William H. & Alyce A. Gibbs
3710 Greenland Ave. NW
Roanoke, VA 24012
Norma Findley Ramsey Cabaniss
261 Locust St. - Tax Dept.
Hartford, CT 06114
Wal-Mart Stores, Inc.
4807 Valley View Boulevard, NW
Roanoke VA
City of Roanoke Huff Lane School
Huff Lane Road, NW
Roanoke VA 24012
Roanoke Area Assoc.
P.O. Box 6157
Roanoke VA 24017
for Retarded Citizens
Trs. Valleyview Wesleyan Church
2302 Oakland Blvd. NW
Roanoke VA 24012
City of Roanoke Round Hill School
2020 Oakland Boulevard, NW
Roanoke VA 24012
John J. Showalter
3914 Greenland Ave.,
Roanoke VA 24012
Wayne C. and Mary E. Bowman
3908 Greenland Ave., NW
Roanoke VA 24012
Norma Jean Ridenhour or
Augusta Jeanette Dillon
3902 Greenland Ave., NW
Roanoke, VA 24012
Belva or Harlin Perrine
3836 Greenland Ave., NW
Roanoke, ,VA 24012
M#367111 4
2250601
2250602
2250603
2250604
2250605
2370102
2370101
2250105
2250104
2250102
2250501
2250502
2250503
2250504
John C. & Virgie C. Perrine
3836 Greenland Ave., NW
Roanoke, VA 24012
Billy Dean and Alice Marie Creger
3822 Greenland Ave., NW
Roanoke, VA 24012
Sofia R. Dominguez
1691 Mt. Pass Rd.
Troutville, VA 24175
David I. and Shirley H.
3802 Greenland Ave. NW
Roanoke, VA 24012
Wood
John B. and Mary K.
3730 Greenland Ave.
Roanoke, VA 24012
Noftsinger
NW
Randolph M. and Jane S.
3724 Greenland Ave. NW
Roanoke, VA 24012
Mann
William H. and Alyce A.
3710 Greenland Ave. NW
Roanoke, VA 24012
Gibbs
Norma Findley Ramsey Cabinass
3702 Greenland Ave. NW
Roanoke, VA 24012
Linda C. Garner
3546 Greenland Ave.
Roanoke, VA
Allen T. & Mary M. Wilson
2317 Oakland Blvd., NW
Roanoke, VA
Helen K. Butner
3543 Courtland Ave.,
Roanoke, VA
Helen K. Butner
2311 Oakland Blvd.,
Roanoke, VA
and 2313
William J. and Kathy B.
3544 Courtland Ave., NW
Roanoke, VA
Parenti
2250505
2250506
2250507
2250508
2250509
2250510
2250601
2250602
2250603
2250604
2250605
2140101
2140102
2140119
2140120
2140409
M#367111 5
Donald F. and Mary B. Thomas
3541 Valley View Ave., NW
Roanoke VA
Earl L. and Opal T. Johnson
3544 Valley View Ave., NW
Roanoke VA 24012
Jackie L. Austin
1241 Greenhurst Ave.,
Roanoke VA
Betty S. Fulton
1242 Greenhurst Ave.,
Roanoke VA
Emmett W. and Audrey S. Taylor
1241 Pleasant View Ave., NW
Roanoke VA
Pamela Lea Williams
1242 Pleasant View Ave.,
Roanoke VA
Roanoke Regional Airport
Oakland Blvd., NW
Roanoke VA
Charles A. Saunders
3660 Greenland Ave.,
Roanoke VA
Bruce Edwin and Peggy Ann Moyer
3652 Greenland Ave., NW
Roanoke VA
Robert P. and Esther Marrs Ruff
3646 Greenland Ave., NW
Roanoke VA
Kirk E. and Janet R. Kessler
3638 Greenland Ave., NW
Roanoke, VA
Virginia G. Jones
3634 Greenland Ave.,
Roanoke, VA
George and Dora Lee Sorkine
3626 Greenland Ave., NW
Roanoke, VA
2140418
2140719
2140720
2141101
2141201
2141401
2141412
2151501
2151502
2151503
2151504
2151505
2151506
M#367111
John W. and Susan P. Coles
3620 Greenland Ave., NW
Roanoke, VA
Eileen A. Russell
2328 Oakland Blvd.,
Roanoke, VA
Shirley P. Smith
2322 Oakland Blvd.,
Roanoke, VA
2151507
2151508
2151509
M#367111
Mary F. Parker, CMCIAAE
C~y C~rk
CITY OF ROANOKE
Office of the City Clerk
Sandra H. Eakin
Deputy City Clerk
May 7, 1997
File #132-304
W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Resolution No. 33377-050597 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, May 19, 1997, to 12:00 noon, in the Roanoke Civic Center Exhibit Hall, 710
Williamson Road, N. E., with the 2:00 p.m. session to be held in the City Council Chamber,
fourth floor, Municipal Building. The abovereferenced measure was adopted by the
Council of the City of Roanoke at a regular meeting held on Monday, May 5, 1997.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:sm
Enc.
W. Robert Herbert
City Manager
May 7, 1997
Page 2
pc:
Wilburn C. Dibling, Jr., City Attorney
James D. Grisso, Director of Finance
Willard N. Claytor, Director of Real Estate Valuation
Robert H. Bird, Municipal Auditor
Kit B. Kiser, Director, Utilities and Operations
William F. Clark, Director, Public Works
Glenn D. Radcliffe, Director, Human Development
Marion Vaughn-Howard, Youth Coordinator
George C. Snead, Jr., Director, Public Safety
Rose M. Woodford, Executive Secretary, City Manager's Office
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 5th day of May, 1997.
No. 33377-050597.
A RESOLUTION changing the time and place of commencement of the regular
meeting of City Council scheduled to be ~eld at 12:30 p.m., on Monday, May 19, 1997.
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, May 19, 1997, is hereby rescheduled to be held at 12:00 noon, Monday, May 19,
1997, in the Roanoke Civic Center Exhibit Hall, at 710 Williamson Road, N. E., 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.
Mary F. Parker, CMC/AAE
City Clerk
CITY OF ROANOKE
Office of the City Clerk
Sandra H. Eakin
Deputy City Clerk
May 7, 1997
File #132-383-514
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, May 5, 1997,
Council Member White inquired about free standing telephone booths on public rights-of-
way or in front of rental properties in the predominantly northwest Roanoke area.
The Mayor celled attention to newspaper boxes and boxes for real estate brochures which
have been installed on City rights-of-way.
The matters were referred to you for report to Council.
Sincerely,
Mary F. Parker, CMCIAAE
City Clerk
MFP:sm
pc: Rose M. Woodford, Executive Secretary, City Manager's Office
Mary F. Parker, CMCIAAE
C~y Cbrk
CITY OF ROANOKE
Office of the City Clerk
~lndra H. F. akin
Deputy City Clerk
May 7, 1997
File #40-70-189-215
Louella C. Thaxton
General Registrar
Roanoke, Virginia
Dear Ms. Thaxton:
I am attaching two copies of Ordinance No. 33363-050597 temporarily changing the
polling place for Lee-Hi Precinct from Fire Station No. 4 on Aerial Way Drive, S. W., to
Covenant Presbyterian Church, 1831 Deyerle Road, S. W. The abovereferenced measure
was adopted by the Council of the City of Roanoke at a regular meeting held on Monday,
May 5 1997
Sincerely,
MFP:sm
Mary F. Parker, CMC/AAE
City Clerk
Enc.
Louella C. Thaxton
Registrar
May 7, 1997
Page 2
pc:
Gilbert E. Butler, Secretary, Roanoke City Electoral Board, P. O. Box 1095,
Roanoke, Virginia 24005
Lewis D. Evans, Clerk of Session, Covenant Presbyterian Church, 1831 Deyerle
Road, S. W., Roanoke, Virginia 24018
W. Robert Herbert, City Manager
Wilbum C. Dibling, Jr., City Attorney
George C. Snead, Jr., Director, Public Safety
James Grigsby, Chief of Fire and Emergency Medical Services
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 5th day of May, 1997.
No. 33363-050597.
AN ORDINANCE temporarily changing the polling place for Lee-Hi Precinct from
Fire Station No. 4 on Aerial Way Drive, S. W., to Covenant Presbyterian Church, 1831
Deyerle Road, S. W.; and providing for an emergency.
WHEREAS, Fire Station No. 4, the polling place for the Lee-Hi Precinct, is located
on Aerial Way Drive, S.W., and the Peters Creek Road Extension Highway Project has
rendered the parking lot for voters inaccessible to the polling place in Fire Station No. 4;
WHEREAS, the parking lot for the Fire Station No. 4 polling place will remain
inaccessible to the polling place through June 10, 1997, the date of the Democratic primary
for the constitutional office of Commissioner of Revenue and the Republican primary for the
Office of Attorney General;
WHEREAS, by Resolution adopted April 28, 1997, the Roanoke City Electoral Board
has recommended the establishment of a temporary polling place for Lee-Hi Precinct at
Covenant Presbyterian Church, 1831 Deyede Road, S.W., and such temporary polling place
is located within the boundaries of Lee-Hi Precinct as required by §24.2-310, Code of
Virginia (1950), as amended; and
WHEREAS, the Electoral Board shall give notice of such emergency relocation of
polling place to the State Board of Elections and obtain approval of such change from the
Board pursuant to §24.2-310.D., Code of Virginia (1950), as amended, and the Electoral
Board will give notice of this change in polling place by mail to all registered voters in the
Lee-Hi Precinct at least fifteen (15) days prior to the June 10, 1997, primary election,
pursuant to §24.2-306.B., Code of Virginia (1950), as amended;
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. Notwithstanding §10-78, Code of the City of Roanoke (1979), as amended, the
polling place for Lee-Hi Precinct shall be relocated from Fire Station No. 4 to Covenant
Presbyterian Church, 1831 Deyerle Road, S. W., in this City, for the June 10, 1997, primary
election.
2. Such temporarily relocated polling place shall be applicable for the June 10,
1997, primary election only.
3. The City Clerk is directed to forward attested copies of this ordinance to
Louella C. Thaxton, General Registxar, so that notice of this change in polling place can be
mailed to all registered voters of Lee-Hi Precinct.
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.
Roanoke City Electoral Board
May 1,
1997
Charles T. Green, Chairman
Frances V, Garland, Vice Chairman
Gilbert E. Butler, Secretary
Honorable David Bowers, Mayor, and
Members of Roanoke City Council
Municipal Building
Roanoke, Virginia 24011
Re: Temporary Relocation of Polling Place in Lee-Hi Precinct
(City Code Sec. 10-59)
Gentlemen and Ms. Wyatt:
Copies are attached of Roanoke City Electoral Board's Resolution of
April 28, 1997, along with a copy of the approval to use the
Covenant Presbyterian Church regarding the above mentioned change.
The Electoral Board recommends that the Lee-Hi Precinct currently
at the No. 4 Fire Station on Aerial Way Drive, S.W. be temporary
moved to Covenant Presbyterian Church located at 1831 Deyerle Road,
S.W. This location will provide more accessibility to the elderly
and handicapped. The new facility will also be more accommodating
for our Officers of Election as well as the voters. This change
would be effective for the June 10, 1997 Republican and Democratic
Primary Election.
Section 24.1-39 of the code of Virginia requires that a notice of
a proposed relocation of polling place be published in a newspaper
of general circulation for two consecutive weeks and no changes can
be made within 60 days next preceding any general election. We do
consider this an emergency move.
The proposed change is in compliance with Section 24.1-36 and will
require approval from the Department of Justice.
The Electoral Board requests that City Council adopt the attached
Ordinance temporarily changing the polling place for Lee-Hi
Precinct from Fire Station No. 4 on Aerial Way Drive, S.W., to
Covenant Presbyterian Church, 1831 Deyerle Road, S.W.
Secretary
Board
Room 109, Municipal North 215 Church Avenue, S. W, Roanoke, Virginia 24011 (703) 981-2281 Fax (703) 224-3025
P. O. Box 1095, Roanoke, Virginia 24005
Roanoke City Electoral Board
RESOLUTION
ROANOKE CITY ELECTOI~AL BOARD
April 28, 1997
Charles T. Green, Chairman
Frances V. Garland, Vice Chairman
Gilbert E. Butler, Jr., Secretary
The Roanoke City Electoral Board met on April 28, 1997 and
unanimously agreed to seek approval to make the following change in
polling places effective for the June 10, 1997, Republican and
Democratic Primary.
Temporary Change - Lee-Hi Precinct from No. 4 Fire Station to
Covenant Presbyterian Church, 1831 Deyerle Road, S.W. Change is
necessary due to the construction work on Aerial Way Drive and no
parking area for the voters.
The City Attorney will be asked to prepare notices of this proposed
change and seek approval from the department of Justice in
accordance with Section 24.1-36 and 24.1-39 so voting can be held
in this new location for the June 10, 1997 primary election.
Room 109, Municipal North 215 Church Avenue, S. W, Roanoke, Virginia 24011 (540) 981-2281 Fax (540) 224-3025
P. O. Box 1095, Roanoke, Virginia 24005
Covenant Presbyterian Church
'1831 DEYERLE ROAD, S.W.
ROANOKE, VIRGINIA 24018
Co-Pastors:
Dusty K. Fiedler
Rober~ A. Fiedler
Office (540) 989-3314
Fax (540) 989-3331
April 29, 1997
Roanoke City Electoral Board
P. O. Box t095
Roanoke, VA 24005
Att: Mr. Gilbert Butler, Secretary
Dear Mr. Butler:
At its stated meeting April 27, 1997, the Session of Covenant Presbyterian Church authorized the use of
Fellowship Hall as a voting precinct for the Primary Election to be held June 10, 1997, as requested in
your letter of April 23, 1997.
Mr. Jim Wajciechowski wishes to serve as Covenant's representative to open the building by 5:00 a.m. and
secure the church building at 9:00 p.m.
Please let us know whether or not Covenant's Fellowship Hall will be scheduled as a polling place.
Yours truly,
Lewis D. Evans
Clerk of Session
cc: Robert Fiedler Dan Gills
Jim Wajciechowski
§ 24.2-310. l~quirements for polling places. --A. The polling place
each precinct shall be located within the county or city end either within the
precinct or within 1,200 yards of the precinct boundary. The polling place for a
county precinct may be located within a city if the city is wholly contained
within the county election district served by the precinct. The polling place for
a town precinct may be located within 1,000 yards of the precinct and town
beunda~y.
B. The governing body of each county, city, and town shall provide funds to
enable the electoral board to provide adequate facilities at eachpolling place
for the conduct of elections. Each polling place shall be located in a l~ublic
building whenever practicable. If more than one polling place is located tn the
s~rne building, each polling place shall be located in e separate room or
separate and defined space.
C. Polling places shall be accessible ~o qualified voters as required by the
provisions of the 'V~rginians with Disabilities Act (§ 51.5-1 et seq], the Voting
Accessibility for the Elderly and Handicapped Act (42 U.S.C. § 19~3ee et seq.),
and the Americans with Disabilities Act relating to public services (42 U.S.C.
§ 12131 et seq.). The State Board shall provide instructions to the local
electoral boards s. nd general registrars to assist the localities in complying
w~th the requirements of the Acta.
D. If an emergency m~kes a polling place untmable or inaccessible, the
electoral board shall provide an alternative pollingplacs and give notice of' the
change in poll/nE place, subject to the prior approval of the State Board. (Code
1950, §§ 24-45, 2; 16, 24-171, 24-179 through 24-181; 1954, c. 376; 1966, c.
378; 1962, cc. 18/5, 536; 1970, c. 462, §§ 24.1-36, 24.1-37, 24.1-92, 24.1-97;
1971, Ex. Seas., c. 119; 1976, c. 616; 1977, c. 30; 1978, c. 778; 1980, c. 639; 1981,
c. 425; 1984, c. 217; 1986, c. 197; 1986, c. 558; 1992, c. 446; 1993, cc. 546, 64L)
Editor's not~. --A~ 1993. c. 54~ ~n~nd~d
former ~ 24.1-37, ~ w~ ~ ~on ~
de~ved. ~t ~ ~ 9-77.11 ~d A~ 1993,
c. 641, cl. 6, eff~t h~ ~n ~ven ~ ~l ~on,
out above. In ,ce~r~nm with c. 546,
· m~ndment aub~t/tut~[ '1,200 y~n/,' /'or
§ 24.2-310.1. Polling place~ additional requirement. -- The reqinre-
ment stated in this asc~cn shall be in addition to requ~emante stated in
§§ 24.2-307, 24.2-308, and 24.2-310. including the r~quireme, nt tha, t
places be located inpubllc bufldinEe whenever practical. Nc polling pmce snail
be located in a buil&,,_= which serves primarily as the heackluarters, office, or
assembly building for an)' private organization, other than an or/,,,~i-ation of
a civic, educational, religious, chanteble, historical,patriotic, cultural, or
similar natuxe, unless the State Board has approved the use of the b .u~..c~g
because no other building meeting the accessibility requirementa of this title
available. (1993, c. 904, § 24.1-37.1; 1993, c. 641.)
Ed.ltor', noto. ~ kc'~ 1998. c. 904 enacted c 641, cl. 6, effect hu been $~ven ta th~ ~c~on,
former ~ 24.1-37.1, f~ whi~ ~ ~tion i~ ~ ~t out
delved. ~t ~ t ~77.~ ~d ~ 1~3,
HASTINGS
OAKOALE
CITY OF ROANOKE
INTERDEPARTMENT COMMUNICATION
TO:
FROM:
DATE:
SUBJECT:
Mary F. Parker, city Clerk
Gilbert E. Butler, Jr., Secretary
May 1, 1997
Change in Polling Place
The Roanoke city Electoral board is proposing to change one voting
precinct location as follows:
TEMPORARY CHANGE - Lee-Hi Precinct from No. 4 Fire
Station to Covenant Church on Deyerle Road.
Section 24.1-40 of the Code of Virginia requires that notice of
precinct changes shall be published in a newspaper having general
circulation in such election precinct once a week for two
successive weeks. We recommend that you advertise these changes on
May 5, 1997 and place this matter on Council's agenda for May 5,
1997 at 7:30 p.m.
Thank you for your usual cooperation and if you have questions or
suggestions, please call us at x2281.
C?TY OF
?NTERDEPARTMENT COMMUN'r CAT'r ON
TO:
FROM:
DATE:
SUBJECT:
Mary F. Parker, City Clerk
Gilbert E. Butler, Jr., Secretary
May 1, 1997
Change in Polling Place
The Roanoke city Electoral board is proposing to change one voting
precinct location as follows:
TEMPOR~RY CMA~GE - Lee-Hi Precinct from No. 4 Fire
Station to Covenant Church on Deyerle Road.
Section 24.1-40 of the Code of Virginia requires that notice of
precinct changes shall be published in a newspaper having general
circulation in such election precinct once a week for two
successive weeks. We recommend that you advertise these changes on
May 5, 1997 and place this matter on Council's agenda for May 5,
1997 at 7:30 p.m.
Thank you for your usual cooperation and if you have questions of
suggestions, please call us at x2281.