Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Council Actions 01-16-90
Garland (29914) REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL January 16, 1990 2:00 p.m. AGENDA FOR THE COUNCIL Call to Order -- Roll Call. Mrs. Bowles was absent. The invocation will be delivered by the Reverend Darryl G. Crim, Pastor, North Roanoke Baptist Church. Present. The Pledge of Allegiance to the Flag of the United States of America will be led by Mayor Noel C. Taylor. BID OPENINGS A. Bids for roof replacement at the Northwest Library, Roanoke, Virginia. Be Four bids were referred to a co~ittee composed of Messrs. Garland, Chairman, Clark and Ritchie for tabulation, report and recommendation to Council. Bids for asbestos abatement at 118 through 124 Campbell Avenue, S. W., and the Knights of Pythias Building. Six bids were referred to a committee composed of Messrs. Garland, Chairman, Clark and Ritchie for tabu- lation, report and reco~endation to Council. C-1 C-2 CONSENT AGENDA (Approved 6-0) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DIS- CUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. An Annual Report of the Board of Zoning Appeals for the year 1989. RECOMMENDED ACTION: Receive and file. Qualification of The Reverend Frank W. Feather as a member of the Advisory Board of Human Resources for a term of four years ending November 30, 1993. RECOMMENDED ACTION: Receive and file. (1) REGULAR AGENDA Hearing of Citizens Upon Public Matters: None. Petitions and Communications: None. Reports of Officers: a. City Manager: Briefings: None. Items Recommended for Action: 1. A report with regard to the proposed Capital Improvements Program. The City Attorney was instructed to prepare the proper documents providing for a public hearing to be held by Council on Monday, February 5, 1990, at 2:00 p.m., or as soon thereafter as the matter may be heard, and that the proposed Capital Improvement Program be subjected to referendum approval on May 1, 1990. 2. A report with regard to snow emergency operations for November and December 1989. Adopted Ordinance No. 29914-11690. (6-0) A report with regard to renewal of the lease agreement between the City of Roanoke and Crystal Towers Associates for the Regional Drug Prosecutor's office. Adopted Ordinance No. 29915-11690. (6-0) b. City Clerk: A report advising of the expiration of the three year terms of Mrs. Sallye T. Coleman and Mr. William White, Sr., as School Board Trustees on June 30, 1990, and further advising that applications for the upcoming vacancies will be received in the City Clerk's Office until 5:00 p.m. on Monday, March 12, 1990. Received and filed. Reports of Committees: None. Unfinished Business: None. Introduction and Consideration of Ordinances and Resolutions: Ordinance No. 29906, on second reading, rezoning a .43 acre tract of land lying near the northeast intersection of Melrose Avenue and Country Club Drive, N. W., identified as (2) 16. Official Tax No. 2660519, from RS-3, Residential Single-Family District, to LM, Light Manufacturing District; and further requesting authorization to change the proffered zoning conditions on the adjoining 2.184 acre tract of land bearing Official Tax No. 2660519. Adopted Ordinance No. 2ggo6-116gO. (6-0) Ordinance No. 29907, on second reading, permanently vacating, discontinuing and closing a portion of Barnes Avenue, N. W., approximately 672 feet in length, as measured along the center of the abandoned roadway, extending westerly from the eastern property line of a par- cel of land identified as Official Tax No. 6600101 to the right-of-way of Virginia Route 117. Adopted Ordinance No. 29907-11690. (6-0) Ordinance No. 29908, on second reading, amending and reor- daining subsection (b) of §32-169, Levied; amount, of Chapter 32, Taxation, of the Code of the City of Roanoke (1979), as amended, ~n order to provide a maximum amount for any single utility tax applied to each separate meter or location and providing for an effective date. Adopted Ordinance No. 29908-11690. (6-0) Ordinance No. 29912, on second reading, authorizing the proper City officials to enter into a five-year extension of the lease agreement with purchase option between the City and Budget Rent-a-Car of Roanoke, Inc., for a one-acre parcel of land on the south side of Municipal Road, N. W., upon certain terms and conditions. Adopted Ordinance No. 29912-11690. (6-0) Ordinance No. 29913, on second reading, authorizing the abandonment of a certain water line easement and acceptance of the dedication of a new replacement easement in connec- tion with the River Park Shopping Center, upon certain terms and conditions. Adopted Ordinance No. 29913-11690. (6-0) 9. Motions and Miscellaneous Business: Inquiries and/or comments by the Mayor and Members of City Council. Vacancies on various authorities, boards, commissions and committees appointed by Council. Other Hearings of Citizens: (3) January 18, 1990 File #109-51 ~r. L. Elwood Norris, Chairman Board of Zoning Appeals 3818 Park Lane, S. W. Roanoke, Virginia 24015 Dear ~r. Norris: At the regular meeting of the Council of the City of Roanoke held on Monday, January 16, 1990, the 1989 Annual Report of the Board of Zoning Appeals was before the Council of the City of Roanoke at a regular meeting held on Tues~ay~ January 16, 1990. ©~ motion, duly seconded and adopted, the Annual Report was received and filed. Sincerely, ~~ ,~ary F. Parker, C,~4C City Clerk ~FP:ra pc: Ms. Ruth C. Armstrong, Secretary, Board of Zoning Appeals Room 456 ~umc~pal BuHc~ng 215 Church Avenue S W Roanoke Virg~mo 24011 (?0~ 98! z)4~ CITY OF ROANOKE INTERDEPARTMENT COMMUNICATION Date: To: From: Subject: January 9, 1990 Mary Parker, City Clerk Ruth Armstrong, Secretary, Bd. of Zoning Appeals Annual Report - 1989 Attached hereto for City Council's information are copies of the 1989 annual report for the Board of Zoning Appeals, which was approved by the Board on January 4, 1990. Attachments (8) BOARD OF ZONING APPEALS ROANOKE, VIRGINIA ANNUAL REPORT 1989 The Annual Report for the Board of Zoning Appeals the year 1989 is submitted herewith. PERSONNEL OF BOARD for The following served as members of the Board. Mr. L. Elwood Norris, Chairman Mr. T. E. Roberts, Vice Chairman Mr. W. L. Wheaton Mr. Glynn D. Barranger Mr. Richard A. Rife MEETINGS AND PUBLIC HEARINGS The Board held twelve meetings during the year for the purpose of conducting business of the Board and holding public hearings to decide appeals from the decision of the Zoning Administrator and applications for special exceptions and variances. One hundred and twenty applications were filed with the Board during the year. In accordance with State law, public hearings were advertised in a local newspaper once a week for two successive weeks not less than six days nor more than twenty-one days prior to the public hearing date. Notices of public hearings were sent by first-class mail to owners of all abutting properties and properties immediately across the street or road from any property in question. ATTENDANCE RECORDS FOR BOARD MEMBERS MEMBER MEETINGS ATTENDED L. Elwood Norris 10 2 T. E. Roberts 10 2 W. L. Wheaton 11 1 Glynn D. Barranger 10 2 Richard A. Rife 12 0 MEETINGS ABSENT DISPOSITION OF APPEALS Variances granted. Variances denied Variances Withdrawn. Special Exceptions granted Special Exceptions Denied. Special Exception Requests Withdrawn Sign Regulations Granted . Zon. Admn. Decisions Upheld. Zon. Admn. Decisions Appealed and Withdrawn Request for Nonconforming Use Denied Total no. Appeals 62 5 5 32 1 3 8 2 1 1 120 APPEALS TO COURT OF RECORD In May of 1989 the Board denied the request of Joseph R. Owens for the continued operation of automobile lubrication and oil service at 1105 Tazewell Avenue, S. E., said use having been granted twelve months previously for a period of one year. The Board's decision to deny the request to allow the continued operation was appealed to The Circuit Court of The City of Roanoke. The appeal has not been heard by the Court and, therefore, no disposition has been made. Respectfully submitted, Ruth C. Armstrong Secretary Office of the City Clerk January 18, 1990 File #15-72 Mr. James D. Ritchie Director of Human Resources Roanoke, Virginia Dear Hr. Ritchie: This is to advise you that The Reverend Frank W. Feather has qualified as a member of the Advisory Board of Human Resources for a term of four years ending November 30, 1993. Sincerely, V1ary F. Parker, CMC City Clerk MFP:ra Room456 MunicipalSuiiding 215Church Avenue. S.W. RoanoI, e. Vi~ginia 24011 (703)981-2541 0-2 Oath or Affi r mation Office 8ta~ of Vi~'ginia, C, it~ of Roanoke, to , do solemnly swear (or affirm) that will support the Constitution of the United States, and the Constitution of the State of Virginia, and that I will faithfully and impartially discharge and perform all the duties iucumbent upon me as according to the best of my ability. So help me God. Subscribed and sworn to before me, this "-'-~'~'~ day of q~/~',f'f~c~o~Lt/ ~/ ~O ! o/~~, .~o.c~/3 ~-~ Deputy Clerk Office of the City Clerk December 6, 1989 File #i5-72 The Reverend Frank ~. Weather P. O. Box 6275 Roanoke, Virginia 24@17 Dear Reverend Feather: At the regular meeting of the Council of the City of Roanoke held on Monday, December 4, 1989, you were reelected as a member of the Advisory Board of ~uman Resources for a term of four years ending November 30, 1993. ~nclosed you will find a Certificate of your reelection and an Qath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 3~5 Church ~venue, S. W. Please return one copy of the Oath of Qffice to Room 456 in the ~unicipal ~uilding prior to serving i~ the capacity to ~hich you were reelected. For your information and pursuant to Section 2.1-341.1, Code of Virginia (1950), as amended, ~ am enclosing copy of the Freedora of Information Act. Sincerely, ~ ~lary F. Parker, C~C City Clerk ~P: ra Eric. pc: ~4r. James 5. Ritchie, Director of ~uman ~esources Room 456 Municipal Building 215 Church Avenue. S.W. Roanoke, Virginia 24011 (703) ~81-2541 COM'vlONt~E,AL TU OF CITY OF ROANOKE VIRGINIA ) ) To-wi t: ) I, ~ary F. Parker, City Clerk, and as such City Clerk of the Council of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council held on the fourth day of December, 1989, FRANK ~. FEATHER was reelected as a member of the Advisory Board of Human Resources for a term of four years ending November 30, 1993. Given under my hand and the Seal of the City of Roanoke this sixth day of December, 1989. City Clerk January 18, 1990 File #217 ~r. W. Robert ~er~ert City Manager Roanoke, Virginia Dear ~r. Herbert: Your report with regard to the Proposed Capital Improvement Program was before the Council of the City of Roanoke at a regu- lar meeting held on Tuesday, January 16, 1990. On motion, duly seconded and adopted, the City Attorney was instructed to prepare the proper documents providing for a public hearing to be held by Council on Monday, February 5, 1990~ at 2:00 p.m., or as soon thereafter as the matter may be heard~ and that the proposed Capital Improvement Program be subjected ~o refere~dum approval on May 1, 1990. Sincere ly, Mary F. Parker, C~4C City Clerk ~FP:ra pc: ~r. ~ilburn C. Dibling, Jr., City Attorney Room4~6 Mancl~aLBuHCl~ng 215CnurchA.e e S,~ Roanoke V~rg~ma24011 70~ 981 £~4~ Roanoke, Virginia January 16, 1989 Honorable Mayor and City Council Roanoke, Virginia Dear Mayor and City Council: Please reserve space on Monday's agenda for a report concerning the pro- posed Capital Improvement Program. WRH/ga Respectfully submitted, W. Robert Herbert City Manager January 18, 1990 File #60-410 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear ~r. Schlanger: I am attaching copy of Ordinance No. 29914-11690 amending and reordaining certain sections of the 1989-90 General Fund Appropriations, providing for the appropriation of $75,090.00 from the General Fund Contingency Account to Public Works-Snow Removal, in connection with snow emergency opera~ions for November and December, 1989. Qrdinance No. 29914-11690 was adopted by the Council of the City of Roanoke at a reqular meeting held on Tuesday, January 16, 1990. Sincerely, Mary F. Parker, CMC City Clerk ~FP:ra Enc. pc: ~r. ~. Robert Herbert, City ~anager Mr. ~illiam F. Clark, Director of Public Works Mr. ~illiam L. Stuart, Ma~aqer, Street Maintenance~Snow Removal AN ORDINANCE the 1989-90 General emergency. WHEREAS, for Government of the exist. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16thday of January, 1990. No. 29914-11690. to amend and reordain certain sections of Fund Appropriations, and providing for an the usual daily operation of the Municipal City of Roanoke, an emergency is declared to THEREFORE, BE IT ORDAINED by the Roanoke that certain sections of the Appropriations, be, and the same are reordained to read as follows, in part: Council of the City of 1989-90 General Fund hereby, amended and ApProDriations Public Works Snow Removal (1-5) ................................ Nondepartmental Contingency - General Fund (6) .................... 1) Overtime Wages 2) F.I.C.A. 3) Expendable Equipment 4) Motor Fuels & Lubricants 5) Chemicals 6) Contingency (001-052-4140-1003' (001-052-4140-1120 (001-052-4140-2035 (001-052-4140-2038 (001-052-4140-2045 (001-002-9410-2199 $ 25,000 2,000 2,000 3,000 43,090 (75,090) $18,988,187 188,892 15,435,371 427,272 BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: this City Clerk. Roanoke, Virginia January 16, 1990 Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Council Members: Subject: Snow Emergency Operations - November and December 1990 I. Backsround: Ma~or snowstorms occurred in the Roanoke Valley on November 22, and again on December 8, 14, 15, and 19, 1989. .These storms deposited nearly 18 inches of snow accumulation at the Roanoke Regional Airport. 1989-90 Budget included $98,532 for snow removal from the City streets and rights-of-way, for overtime salaries, supplies, and chemicals; other operating accounts are used for regular salary and equipment costs. City departments assisted in Airport snow removal operations and were not funded from General Fund revenues. Those operations, while significant, are not included in this report. II. Current situation on this subject is: City employees worked continuously during these periods in an effort to combat the unusual frequency of snow storms. Approximately 4,669 hours of regular time and 4~287 hours of overtime were expended by City personnel plowing and salting streets, keeping equipment in service, etc. The salary cost was approximately $95~446.83. City equipment was operated for 5~101 hours. The cost of fuel, parts, and supplies was approximately $12,154 and the wear and tear on equipment is almost incalculable. Do 1~918 tons of rock salt and abrasives were spread on streets and bridges. The value of these products is $83,243. Total cost to the City for snow removal efforts this season has been approximately $190,845. Mayor and Council Members Page 2 III. Issues in order of importance are: A. City personnel have again returned to normal duty. City equipment has again been cleaned, checked, and repairs made. Co Supplies and materials have been restocked; approximately 700 tons of rock salt are available at this time. Do Overtime salaries and fringe benefits, motor fuels and lubricants, and chemical accounts need supplemental appropriations. $43,032 has been appropriated for overtime salaries and fringe benefits and approximately $55,508 has been expended. $6~910 was originally budgeted for motor fuel and lubricants, and approximately $4,105 has been expended. $43~090 was originally budgeted for chemicals and has been expended, in addition to $40,153 in chemicals that were purchased from previous budgets for a total of $83,243. IV. Recommendation is that City Council appropriate $75,090 from the General Fund Contingency Account No. 001-002-9410-2199 into the following accounts: Snow Removal Overtime Snow Removal FICA Expendable Equipment Motor Fuel and Lubricants Chemicals 001-052-4140-1003 001-052-4140-1120 001-052-4140-2035 001-052-4140-2038 001-052-4140-2045 $25,000 $ 2,000 $ 2,000 $ 3,000 $43,090 Respectfully submitted, W. Robert Herbert City Manager WRH:WLS:rla pc: City Attorney Director of Finance Director of Public Works January 18, 1990 File #76-133 Mr. ~. Robert Herbert City Manager Roanoke, Virginia Dear ~r. Herbert: I am attaching copy of Ordinance ~o. 29915411690 authorizing and directing the proper City officials to enter into a certain lease between the City of Roanoke and Crystal Tower Associates for use by the multi-jurisdictional drug prosecutor, for a period of twelve months commencing January 1, 1990, and terminating on December 31, 1990, at a rental rate of $455.00 per month. Ordinance No. 29915-11690 was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, January 16, 1990. Sincerely, ~~ Mary F. Parker, C~4C City Clerk ~4FP: ra Enc. pc: The Mr. Ms. Honorable Donald S. Caldwell, Commonwealth's Attorney Joel ~. Schlanger, Director of ?inance Deborah J. Moses, Chief of ~illings and Collections IN THE COUNCIL OF THE CITY OF ROANOKE, The 16th day of January, 1990. No. 29915-11690. VIRGINIA, AN ORDINANCE authorizing and directing the proper City officials to enter into a certain lease between the City of Roanoke and Crystal Tower Associates for use by the multi-jurisdictional drug prosecutor; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager and the City Clerk be, and they are hereby, authorized and directed to execute and attest, respectively, for and on behalf of the City of Roanoke, in such form as is approved by the City Attorney, with Crystal Tower Associates a lease of Suite 205 on the second floor of the Crystal Tower Building, 145 W. Campbell Avenue, for use by the multi-jurisdictional drug prose- cutor, as described in the City Manager's report of January 16, 1990, for a period of twelve (12) months commencing on January 1, 1990 and terminating December 31, 1990. The monthly rental shall be $455.00. Such lease shall contain such other terms and conditions as are approved and required by the City Manager. 2. In order to provide for the usual daily operation municipal government, an emergency is deemed to exist, and nance shall be in full force and effect upon its passage. of the this ordi- Attest: City Clerk. !Roanoke, Virginia January 16, 1990 Honorable Mayor and Members of City Council Roanoke, Virginia Subject: Renewal of Lease Agreement Regional Drug Prosecutor's Office Dear Mayor and Members of Council: This is to concur in the recommendation of the Commonwealth's Attorney with respect to the above-referenced report. As noted in the attached letter from Mr. Caldwell, the current lease agreement expired December 31, 1989 (nine-month lease @ $425 per monthly rental). The new lease agreement is for a one-year period ending December 31, 1990, with a monthly rental of $455. This communication requests that City Council give the City Manager the authority to execute the required documents in form approved by the City Attorney providing for office space for the Regional Prosecutor in the Crystal Tower Building. All expenses related to this program will be paid by the current grant and will not require any City funding. Respectfu I ly sub mitted, W. Robert Herbert City Manager WRH:DHD:mds Attachment GOb4MoNWEALTH- OF VIRoIN1A. CITY OF ROANOKE REGIONAL DRUG PROSECUTOR 145 w CAMI~BELL AVE, SUITE 205 ROANOKE, VIRGINIA 24011 ~ ......... 1989 Er. ~. Robert Herbert Cltf >inager City of Roanoke Zunicipal Building. Room 364 215 Church Avenue, $W Roanoke, V~r~ini. a 24011 ~w~D 0290 G~y Manag~¢$ Office Roanoke, VA Re: Lease ~greement/'Re~ional Dr~g Prosecutor's O~lct Desr Mr. Herbert: The current Lease Agreement between the City ~£ Roanoke and Crystal Towers Associates foz the Regional Drug Prosecutor's Office will expire December 19~9. i have forwarded the new Lease, which will cover the period from January i, 1990 to December 31, !990, to the City Attorney's Office for review and approval. As you know, the rental cost of tits office ~3pace will be absorbed by the grant funds allowed under the Anti-Drug Abuse Ac~ of 1986. accordance with the o"~,_o,. .... e, ;.~e respectfully askr.~t' ~ ~ you request authorization to execu~_e the one-year Lease for ~'' ~= Regional Drug Prosecutor's Offic~ in ~huCr~staz-' " Towers Building. Should you have ,.ay questions, please :a~: me. Very truly yours, Douald S. Cald~ez~ Commonwealth's Attorney /jmn ec: Mark A. Williams, Esq. Assistant City Attorney Office of the City Clerk January 16. 1990 File #467 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear ~rs. Bowles and Gentlemen: Pursuant to Chapter 9, Education, of the Code of the City of Roanoke (1979), as amended, establishing a procedure for the election of School Board Trustees, this is to advise you that the three year terms of Mrs. Sallye T. Coleman and Mr. William White, Sr., will expire on June 30, 1990. According to Section 9-16. on or before February 15 of each year, Council shall announce its intention to elect trustees of tne Roanoke City School Board for terms commencing July 1 through (i) public announcement of such intention at two consecutive regular sessions of the Council and (2) advertisement of such intention in a newspaper of general circulation in the City twice a week for two consecutive weeks. Section 9-17 provides that all applications must be filed in the City Clerk's Office by March 10. Inasmuch as March 10 falls on a Saturday, applications will be received until 5:00 p.m. on Monday, March 12, 1990. Application forms will be available in the City Clerk's Office and may be obtained between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday. Information describing the duties and responsibilities of School Board Trustees will also be available. Periodically over the next four months, I will keep the Council informed of the various steps to be followed throughout tne selection process. Sincerely, Mary F. Parker, CMC City Clerk MFP: r a S B: PRt3CE RQQm 4S6 MunkipdIBuilding Z1SChurch Avenue. S.W. Ro4no~e. Virgini4 24011 (703)981-2S41 January 15, 1990 File #51 Mr. Daniel F. Layman, Jr. Attorney P. ©. Box 72~ Roanoke, Virginia 24004 Dear ~Ar. Layman: I am enclosing copy of ©rdinance No. 29906-11690 rezoning a .43 acre tract of land lying near the northeast intersection of Melrose Avenue and Country Club Drive, N. W., identified as ©fficial Tax No. 2660519, from RS-3, Residential Single-Family District, to LM, Light ~anufacturing District; and further authorizing changes to the proffered zoning conditions on the adjoining 2.184 acre tract of land bearing Official Tax ~o. 2660519. Ordinance No. 29906-11690 was adopted by the Council of the City of Roanoke on first reading on Monday, January 8, 1990~ also adopted by the Council on second readinq on Tuesday, January 16, 1990, and will ~ake effect ten days following the date of its second reading. Sincere ly, 44ary F. Parker, City C~erk MFP:ra Enc. pC: Roanoke Country Club, Inc., P. O. 8ox 6069, Roanoke Virginia 24017 Mr. C. ~. Havnaer, P. O. Box 6357, Roanoke, Virginia 24017 Mr. & Mrs. Edgar D. Prillaman, 1002 ~inona Avenue, S. ~. Roanoke, Virginia 24015 Mr. & Mrs. John R. Angle, 1018 Country Club Drive, N. ~. Roanoke, Virginia 24017 Mr. Daniel F. Layman, January 18, 1990 Page 2 Jr, pc: Mr. & Mrs. Robert Roanoke, Virginia Hr. & Hrs. Dale Roanoke, Virginia 24017 Mr. & Mrs. Boyce R. Osborne, Roanoke, Virginia 24017 Hr. Curtis M. Dillon, 3406 Virginia 24017 Mr. ~illiam G. Crouch, Roanoke, Virginia 24017 Contracting Enterprises, Virginia 24036 Mr. U. A. Hoal, P. 0. Box HAS[ Partnership, c/o Mr. Roanoke, Virginia 24017 L. Graham, 1026 Country Club Drive, 24017 Thompson, 1036 Country Club Drive, 1024 Country Club Drive, Melrose Avenue, Jr., 3406 Melrose Inc., P. 0. Box 13725, 6322, Roanoke, Virginia A. Silverstein, P. N. ~. N. W. N. ~., Roanoke Avenue, N. ~. Roanoke 24017 Box 6023, Hr. ~ayne G. Strickland, Executive Director, Fifth Planning District Commission, P. 0. Box 2569, Roanoke, Virginia 24010 ~r. W. Robert Herbert, City Manager Mr. ~ilburn C. Dibling, Jr., City Attorney Mr. Steven J. Talevi, Assistant City Attorney Hr. Von ~. Moody, III, Director of Real Estate Valuation Mr. Michael M. Waldvogel, Chairman, City Planning Commission Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals Mr. ~illiam F. Clark, Director of Public Works Mr. Kit B. Kiser, Director of Utilities and Operations Mr. Charles H. Huffine, City Engineer Mr. Ronald H. Miller, Building Commissioner and Zoning Administrator Hr. John R. Harlles, Agent/Secretary, City Planning Commission Ms. Doris Layne, Office of Real Estate Valuation IN THE COUNCIL OF THE CITY OF ROANOKE, The 16thday of January, 1990. No. 29906-11690. VIRGINIA, AN ORDINANCE to amend ~36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 266, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to cer- tain conditions proffered by the applicant; and amending conditions proffered in connection with previous rezoning of 2.184 acre portion of Official Tax No. 2660519. WHEREAS, application has been made to the Council of the City of Roanoke to have the hereinafter described property rezoned from RS-3, Residential Single Family District, to LM, Light Manufacturing 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 cation at its meeting on January 8, 1990, thereof as required by §36.1-693, Code of City Council on said appli- after due and timely notice 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. 266 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: Property described as a 0.43 acre tract of land lying near the northeast intersection of Melrose Avenue, N. W., and Country Club Drive, N.W., designated on Sheet No. 266 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 2660519 be, and is hereby rezoned from RS-3, Residential Single Family District, to LM, Light Manufacturing District, subject to those conditions proffered by and set forth in the Amended Petition to Rezone filed with the City Clerk on December 19, 1989, and that Sheet No. 266 of the Zone Map be changed in this respect. BE IT FURTHER ORDAINED that the proffered condition presently restricting the use of the 2.184 acre portion of Official Tax No. 2660519 is hereby amended and expanded to include the 0.43 acre par- cel being rezoned by mendations contained January 8, 1990. this ordinance, in accordance with the recom- in the report of the Planning Commission dated ATTEST: City Clerk. Roanoke Cily Planning Commission January 8, 1990 The Honorable Noel C. Taylor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request from Roanoke Investments Associated, Inc., represented by Daniel F. Layman, Jr., attorney, that a 0.43 acre parcel of land, being a portion of official tax no. 2660519, located off of Melrose Avenue, N.W., be rezoned from RS-3 to LM, and that a condition proffered in conjunction with the rezoning of tax no. 2660519 be amended. I. Background: A. Purpose of the requested rezoning is twofold: to rezone a 0.43 acre parcel (formerly a portion of tax no. 2660502) to LM, Light Manufacturing district in compliance with a condition set forth during the subdivision approval process; and e to amend a proffered condition presently restricting the use of former parcel 2660519 to the assembly of switchboards and telephone interconnect devices. Original 2.184 acre portion of parcel 2660519 was conditionally rezoned from C-2, General Commercial District to LM, Light Manufacturing District in March 1982. Proposed use of property (assembly of telephone switch boards and interconnect devices) was proffered and was determined by the Plannin9 Commission to be compatible with the commercial character of the surrounding land use patterns. Room 355 Municipal Building 215 Churd~ Avenue, S%X Roana~e, Virginia 24011 (703) 981-2344 Roanoke City Council Page 2 January 8, 1990 Original petition to rezone was submitted on September 11, 1989. Petition proffered that the 0.43 acre parcel would be subject to same conditions as apply to the original 2.184 acre parcel. In addition, the petitioner proffered that the use of the combined 2.615 acre parcel will not be used for any of the following purposes (which absent this limitation, would be permitted as principal uses in the LM zone): 2. 3. 4. 5. 6. 7. public transit garage; public works service center; park; scrap materials recycling establishment; tractor trailer depot and repair facility; plant nursery and greenhouse; and utility substation, transmission lines or towers, booster station, relay station, transformer, etc. De Staff met with the petitioner and his attorney to discuss the original request to expand the list of permitted LM uses which would be permitted on the combined property. Staff felt that future LM uses need to be evaluated on a case-by-case basis to insure that future uses of the property would be compatible with surrounding development. Planning Commission public hearing was held on December 6, 1989. Mr. Dan Layman, attorney, appeared before the Commission on behalf of the petitioner. Mr. Layman summarized the application and stated after that he was aware of staff's concerns regarding future uses of the property and had been persuaded to amend the petition. After further discussion with the Commission and staff, Mr. Layman agreed to proffer that the use of the property would be restricted to specified types of manufacturing, assembly, and/or packaging operations. Amended petition to rezone was filed on December 19, 1989. Amended petition proffers that the combined 2.615 acre parcel should only be used for one or more of the following purposes: Manufacturing establishments primarily engaged in the assembly of electrical appliances and telephonic, electronic or small mechanical equipment, instruments or devices; the manufacture of parts for use in any such appliances, equipment, instruments or devices; or the assembly and/or packaging of textile materials. Roanoke City Council Page 3 January 8, 1990 II. Issues: Zoning of the 0.43 acre parcel is currently RS-3, Residential Single Family District. Zoning of the original 2.184 acre parcel to the west is conditional LM. Zoning to the north is conditional C-1. Zoning to south along both sides of Melrose Avenue is predominantly C-2, although LM zoning currently fronts the combined parcel on the south side of Melrose Avenue. Land use is currently undeveloped residential. Land use to the west (Fibercom) is light manufacturing (assembly of electronic components). Residential land uses exist to the west across Country Club Drive and to the east. Land uses to the south along Melrose Avenue are predominantly commercial. Land use to the north is presently residential but it is the intention of the Roanoke Country Club to eventually demolish the structure. Land uses along Melrose Avenue are predominantly commercial. Some limited light industrial uses (Valley Liquidators, mini-warehouses) are located on the south side of Melrose Avenue across from the combined parcel. Utilities are available. Level of service is acceptable for present use of property. Potential impact of future LM uses would have to be determined on a case-by-case basis. Traffic impact of future LM uses would have to be determined on a case-by-case basis. Neighborhood is not represented by a neighborhood organization. As of this writing, no comment from the neighborhood has been received by staff. Comprehensive Plan recommends that neighborhood character and environmental quality should be protected and industrial impact on neighborhoods be carefully evaluated. III. Alternatives: city Council approve the rezoning request for the 0.43 acre parcel and request to expand the condition limiting the use of the property. Zoning of the 0.43 acre parcel would become LM in compliance with the condition of approval of the plat of subdivision. The current use of the property (assembly of electronic components) would become conforming. Roanoke City Council Page 4 January 8, 1990 Land use would remain restricted light manufacturing. 3. Utility service is presently acceptable. 4. Traffic impact of current use is acceptable. 5. Neighborhood character would be protected. 6. Comprehensive Plan would be followed. City Council deny the rezoning for the 0.43 parcel and the requested expansion of the condition limiting the use of the property. acre Zoning of the 0.43 acre parcel would remain RS-3 contrary to the condition of approval of the subdivision plat. The original parcel would revert back to its prior zoning classification, C-2, General Commercial district. The current use of the property wo~ld remain non-conforming. Land use would remain restricted light manufacturing. 3. Utilities are unaffected. 4. Traffic is unaffected. 5. Neighborhood character is protected. 6. Comprehensive Plan could be followed. IV. Recommendation: By a vote of 6-0 (Mr. Bradshaw absent), the Planning Commission recommended approval of the requested rezoning. The Commission felt that the proposed rezoning is compatible with the existing land use and zoning pattern in the area. Respectfully submitted, Michael M. Waldvogel, Chairman Roanoke City Planning Commission JRM:mpf attachments cc: Assistant City Attorney Director of Public Works City Engineer Building Commissioner Attorney for the Petitioner VIRGINIA: IN RE: TO: IN THE COUNCIL OF THE CITY OF ROANOKE Rezoning of a 0o43-Acre Tract of Land Lying Near the Northeast Intersection of Melrose Avenue, N.W. and Country Club Drive, N.W. from RS-3, Residential Single- Family District, to LM, Light Manufacturing District, and Change of Proffered Zoning Conditions on the Adjoining 2.184-Acre Tract AMENDED PETITION FOR REZONING AND CHANGE OF CONDITIONS (1) The petitioner, ROANOKE INVESTMENTS ASSOCIATED, INC., is the owner of a 2.615-acre parcel, bearing Official Tax No. 2660519, which fronts on Melrose Avenue, N.W. and Country Club Drive, N.W. This parcel is the result of a recent com- bination of former parcel 2660519 (2.184 acres) and the south- ern portion (0.43 acre) of the lot which formerly bore Official Tax No. 2660502. A copy of the plat of this combination of parcels is attached Exhibit A. subdivision showing to this petition as (2) The original 2.184-acre portion of parcel 2660519 is zoned LM, Light Manufacturing, subject to certain conditions. The added 0.43-acre parcel is zoned RS-3, Residential Sin- gle-Family District. As a condition to approval of the plat of subdivision combining the two parcels, the City's Department of Community Planning has required that petitioner request rezon- ing of the 0.43-acre parcel to the LM classification so that The Honorable Mayor and Members of the Council of the City of Roanoke the new combined parcel will be in a single zoning district, consistent with good zoning practice. (3) The LM classification of the original 2.184-acre parcel is subject to certain conditions proffered when it was rezoned to LM in 1982. Of concern at this time is the first of these conditions, which specifically limits the use of the property to the assembly of switchboards and telephone inter- connect devices. The activity presently being conducted on the property by Fibercom, Inc. is similar, but involves electronic rather than telephone equipment. This condition therefore needs to be changed to reflect the character of the light industrial operations being conducted on the property now. (4) Since a change is necessary anyway, and given the present, increasingly commercial/industrial character of the neighborhood along Melrose Avenue and the fact that the Fibercom lease on this property expires in 1992, with no assurance that it will be renewed, petitioner wishes to take this opportunity to request an expansion of the conditions limiting the use of the property within the LM classification. Petitioner believes that this can be accomplished without changing the character of the neighborhood by limiting the permitted uses to those compatible with the building already located on the property and by prohibiting outside storage in connection with any such use. -2- (5) Accordingly, pursuant to Article VII of Chapter 36.1 of the Code of the City of Roanoke (1979), petitioner Roanoke Investments Associated, Inc. requests the following: (a) That the 0.43-acre eastern portion of the new parcel bearing Official Tax No. 2660519 be rezoned from RS-3, Residential Single-Family District, to LM, Light Manufacturing District, subject to the same conditions as apply to the 2.184-acre western portion of parcel 2660519 already zoned LM. (b) That the condition limiting the use of the 2.184-acre western portion of parcel 2660519 to the assembly of switchboards and telephone interconnect devices be deleted and replaced with the following new condition, which the petitioner hereby proffers as to both the 2.184-acre and the 0.43-acre parcels and by which it will abide in its use of the entire 2.615-acre parcel as combined: The property shall be used only for one or more of the following purposes: Manufacturing establishments primarily engaged in the assembly of electrical appliances and telephonic, electronic or small mechanical equipment, instruments or devices; the manufacture of parts for use in any such appliances, equipment, instruments or devices; or the assembly and/or packaging of textile materials. -3- NO outside storage will be permitted on the property in connection with any use. (6) This request constitutes an extension of an existing LM zoning district and therefore does not violate the re- striction in § 36.1-690(G) of the City Code. (7) Attached to this petition as Exhibit B is a list of the names and addresses of the owners of all property immedi- ately adjacent to parcel 2660519. WHEREFORE, Roanoke Investments Associated, Inc. requests that the above-described 0.43-acre parcel be rezoned and that the conditions to which the 2.184-acre parcel has been and the new 2.615-acre parcel will be subject be amended, all as herein set forth, in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted, ROANOKE INVESTMENTS ASSOCIATED, INC. 'I~s President Woods, Rogers & Hazlegrove 105 Franklin Road, S.W. P. O. Box 720 Roanoke, VA 24004 Counsel for Roanoke Investments Associated, Inc. -4- ~ o~o ~z~9o ~ ~P EXHIBIT B TO REZONING PETITION OF ROANOKE INVESTMENTS ASSOCIATED, INC. OFFICIAL TAX NO. 2660501 2660503 2660518 2660110 2660112 2660113 2660114 2660115 2660129 2660421 2660414 2660424 2660417 ~IST OF ADJOINING PROPERTIES OWNER Roanoke Country Club, Inc. C. H. Havnaer Edgar D. and Mary A. Prillaman Roanoke Country Club, Inc. John R. and Eveleen H. Angle John R. and Eveleen H. Angle Robert L. and Doshia E. Graham Dale and Mary Jo Thompson Boyce R. and Sara M. Osburn Curtis M. Dillon William G. Crouch, Jr. Contracting Enterprises, Inc. U.A. Hoal HASI Partnership c/o A. Silverstein ADDRESS 3360 Country Club Dr., Roanoke, Virginia P. O. Box 6357 Roanoke, Virginia 1002 Winova Avenue, Roanoke, Virginia 3360 Country Club Roanoke, Virginia 1018 Country Club Roanoke Virginia 1018 Country Club Roanoke, Virginia 1026 Country Club Roanoke, Virginia 1036 Country Club Roanoke, Virginia 1024 Country Club Roanoke, Virginia NW 24017 24017 SW 24015 Dr., NW 24017 Dr., NW 24017 Dr., NW 24017 Dr., NW 24017 Dr., NW 24017 Dr., NW 24017 3406 Melroase Avenue, NW Roanoke, Virginia 24017 P. O. Box 4127 Roanoke, Virginia 24015 P. O. Box 6322 Roanoke, Virginia 24017 P. O. Box 6023 Roanoke, Virginia 24017 \ LOCATI 'I I I I III I I Office of the City Clerk December 26, 1989 Mr. Daniel F. Layman, Jr. Attorney P. ©. Box 720 Roanoke, Virginia 24004 Dear ~4r . Layman: I am enclosing copy of a report of the City Planning Commission recommending that the Council of the City of Roanoke grant the request of your client, Roanoke Investments Associated, Inc., that a .43 acre tract of land lying near the northeast intersec- tion of ~elrose Avenue and Country Club Drive, N. W.~ identified as Official Tax No. 2660519, be rezoned from RS-3, Residential Single-Family District, to LM, Light Manufacturing District; and further requesting authorization to change the proffered zoning conditions on the adjoining 2.184 acre tract of land bearing Official Tax No. 2660519. Pursuant to Resolution No. 25523 adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 1981, a public hearing on the abovedescribed request has been set for ~onday, January 8, 1990, at 7:30 p.m., in the City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W. For your information, I am also enclosing copy of a notice of the public hearing. The Ordinance will be prepared by Mr. Steven J. Talevi, Assistant City Attorney, and will be forwarded to you under separate cover at a later date. Questions with regard to the City Planning Commission report should be directed to Mr. John R. Marlles, Chief of Community Planning, at 981-2344. Sincerely, ~ Mary F. Parker, CMC City Clerk MFP:ra PUBLIC21 Room456 MunicipalBuilding 215Church Avenue, S.w Roanoke, Virginia 2~,011 (703)981 2541 Mr. Daniel F. Layman, December 26, 1989 Page 2 Jr. Roanoke Country Club, Inc., P. 0. Box 6069, Roanoke Virginia 24017 Mr. C. H. Havnaer, P. 0. Box 6357, Roanoke, Virginia 24017 Mro & Mrs. Edgar D. Prillaman, 1002 Winona Avenue, S. Roanoke, Virgiaia 24015 Mr. & Mrs. John R. Angle, 1018 Country Club Drive, N. Roanoke, Virginia 24017 Mr. & Mrs. Robert L. Graham, 1026 Country Club Drive, N. Roanoke, Virginia 24017 Mr. & Mrs. Dale Thompson, 1036 Country Club Drive, Roanoke, Virginia 24017 Mr. & Hrs. Boyce R. Osborne, 1024 Country Club Drive, N. Roanoke, Virginia 24017 Hr. Curtis H. Dillon, 3406 Helrose Avenue, N. W., Roanoke Virginia 24017 ~r. William G. Crouch~ Jr., 3406 Melrose Avenue, N. W. Roanoke, Virgiaia 24017 Contracting Enterprises, Inc., P. O. Box 13725~ Roanoke Virginia 24036 Mr. U. A. Hoal, P. 0. Box 6322, Roanoke, Virginia 24017 BASI Partnership, c/o Mr. A. Silverstein, P. ©. Box 6023 Roanoke, Virginia 24017 Mr. ~ayne G. Strickland, Executive Director, Fifth Planning District Commission, P. O. Box 2569, Roanoke, Virginia 24010 Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney ~r. Steven J. Talevi, Assistant City Attorney Hr. Von ~. Hoody, III, Director of Real Estate Valuation Mr. ~ichael ~. Waldvogel, Chairman, City Planning Commissio~ Hr. L. Elwood Norris, Chairman, Board of Zoning Appeals Hr. William F. Clark, Director of Public ~orks Hr. Kit B. Kiser, Director of Utilities and Operations Mr. Charles H. Buffine, City Engineer Mr. Ronald H. Hiller, Building Commissioner and Zoning Administrator Hr. John R. ~arlles, ~gent/Secretary~ City Planning Commission Hs. Doris Layne, Office of R~al Estate Valuation AD NUM~E~ 122114£44 PUBLISHER'S FEE $I0~.~0 DANIEL E LAYMAN P C BOX ?ZC ROANOKE VA 2~00~ STATE OF VIRGINIA CITY OF ROANOKE AFFIDAVIT PUBLICATION i, (THE UNDERSIGNEO) AN AUTHORIZED REPRESENTATIVE OF PORATION, WHICH CORPORATION IS PUSLISHER OF THE ROANOKE TIMES ~ wCRLD-NEWS, A DAILY NEWSPAPER PU~LISHEO IN ROANOKE, IN THE STATE OF VIRGINIA, DC CERT1F¥ THAT THE ANNEXEO NOTICE WAS PUBLISHED IN SAID NEWSPAPERS ON THE FOLLOWING DATES 1Z/Z2/89 MORNING 12/29/89 MORNING ,~iTNESS, [H.~S 1ST DAY OF JANUARY AUTHORIZED ~IbNATU~E 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, January 8, 1989, at 7:30 p.m., in the Council Chamber in the Municipal Building, 215 Church Avenue, S. W., in the said city, on the question of rezoning from RS-3, Residential Single Family District, to LM, Light Manufac- turing District, the following property: A 0.43-acre tract of land lying near the northeast intersection of Melrose Avenue, N. W., and Country Club Drive, N. W., and being a portion of Official Tax No. 2660519; and upon the proposal that certain conditions proffered in connection with a previous rezoning of the remaining 2.184-acre portion of Official Tax No. 2660519 be amended. This rezoning is to be subject to certain conditions proffered by the petitioner. A copy of this proposal is available for public inspec- tion in the Office of the City Clerk, Room 456, Municipal Building. Ail parties in interest and citizens may appear on the above date and be heard on the question. GIVEN under my hand this 20th day of December , 1989. Mary F. Parker, City Clerk Please publish in full twice, once on Friday, 1989, and once on Friday, December 29, 1989, Roanoke Times & World News, Morning Edition. December 22, in the Please send publisher's affidavit to: Please bill to: Ms. Mary F. Parker, City Clerk Room 456, Municipal Building Roanoke, Virginia 24011 Mr. Daniel F. Layman Attorney P. O. Box 720 Roanoke, Virginia 24004 Office of the City Clerk September 11, 1989 Mr. Michael M. Waldvogel Chairman City Planning Commission Roanoke, Virginia Dear Mr. Waldvogel: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a petition from Mr. Daniel F. Layman, Jr., Attorney, representing Roanoke Investments Associated, Inc., requesting that a .43 acre tract of land lying near the northeast intersection of Melrose Avenue and Country Club Drive, N. W., identified as Official Tax No. 2660502, be rezoned from RS-3, Residential Single-Family District, to LM, Light Manufacturing District; and further requesting authorization to change the proffered zoning con- ditions on the adjoining 2.184 acre tract of land bearing Official Tax No. 2660519. Sincerely, ~ Mary F~d/. Parker, CMC City Clerk MFP: ra REZONE21 Enco pc: Mr. Daniel F. Layman, Jr., Attorney, P. O. Box 720, Roanoke, Virginia 24004 Mr. John R. Marlles, Agent/Secretary, City Planning Commission Mr. Ronald H. Miller, Zoning Administrator Mr. Steven J. Talevi, Assistant City Attorney Ro~)m 456 MunicipalSuilding 215 Church Avenue. S.W. Roanoke. Virginia 24011 (703)981-2541 LAW OFFICES WOODS, ROGERS & HAZLEGROVE ROANOKE, VA. VIRGINIA: IN RE: IN THE COUNCIL OF THE CITY OF ROANOKE Rezoning of a 0.43-Acre Tract of Land Lying Near the Northeast Intersection of Melrose Avenue, N.W. and Country Club Drive, N.W. from RS-3, Residential Single- Family District, to LM, Light Manufacturing District, and Change of Proffered Zoning Conditions on the Adjoining 2.184-Acre Tract PETITION FOR REZONING AND CHANGE OF CONDITIONS TO: The Honorable Mayor and Members of the Council of the City of Roanoke (1) The petitioner, ROANOKE INVESTMENTS ASSOCIATED, INC., is the owner of a 2.615-acre parcel, bearing Official Tax No. 2660519, which fronts on Melrose Avenue, N.W. and Country Club Drive, N.W. This parcel is the result of a recent com- bination of former parcel 2660519 (2.184 acres) and the south- ern portion (0.43 acre) of the lot which formerly bore Official Tax No. 2660502. A copy of the plat of subdivision showing this combination of parcels is attached to this petition as Exhibit A. (2) The original 2.184-acre portion of parcel 2660519 is zoned LM, Light Manufacturing, subject to certain conditions. The added 0.43-acre parcel is zoned RS-3, Residential Sin- gle-Family District. As a condition to approval of the plat of subdivision combining the two parcels, the City's Department of Community Planning has required that petitioner request rezoning of the 0.43-acre parcel to the LM classification so that the new combined parcel will be in a single zoning district, consistent with good zoning practice. LAW OFFICES WOODS, ROGERS & HAZLEGROVE ROANOKE, VA (3) The LM classification of the original 2.184-acre parcel is subject to certain conditions proffered when it was rezoned to LM in 1982. Of concern at this time is the first of these conditions, which specifically limits the use of the property to the assembly of switchboards and telephone interconnect devices. The activity presently being conducted on the property by Fibercom, Inc. is similar, but involves electronic rather than telephone equipment. This condition therefore needs to be changed to reflect the character of the light industrial operations being conducted on the property now. (4) Since a change is necessary anyway, and given the present, increasingly commercial/industrial character of the neighborhood along Melrose Avenue and the fact that the Fibercom lease on this property expires in 1992, with no assurance that it will be renewed, petitioner wishes to take this opportunity to request an expansion of the conditions limiting the use of the property within the LM classification. Petitioner believes that this can be accomplished without changing the character of the neighborhood by limiting the permitted uses to the least disruptive of the uses permitted under the LM classification. (5) Accordingly, pursuant to Article VII of Chapter 36.1 of the Code of the City of Roanoke (1979), petitioner Roanoke Investments Associated, Inc. requests the following: -2- LAW OFFICES WOODS, ROGERS & HAZLEGROVE ROANOKE, VA. (a) That the 0.43-acre eastern portion of the new parcel bearing Official Tax No. 2660519 be rezoned from RS-3, Residential Single-Family District, to LM, Light Manufacturing District, subject to the same conditions as apply to the 2.184-acre western portion of parcel 2660519 already zoned LM. (b) That the condition limiting the use of the 2.184-acre western portion of parcel 2660519 to the assembly of switchboards and telephone interconnect devices be deleted and replaced with the following new condition, which the petitioner hereby proffers and by which it will abide in its use of the entire 2.615-acre parcel: The property shall not be used for any of the following purposes (which, absent this limitation, would be permitted as principal uses in the LM district): (i) (±±) (iii) (iv) (v) (vi) (vii) Public transit garage Public works service center Park Scrap materials recycling establishment Tractor trailer depot and repair facility Plant nursery and greenhouse Utility substation, transmission lines or towers, booster station, relay station, transformer, etc. -3- LAW OFFICES WOODS, ROGERS & HAZLEGROVE ROANOKE, VA. (6) This request constitutes an extension of an existing LM zoning district and therefore does not violate the re- striction in § 36.1-690(G) of the City Code. (7) Attached to this petition as Exhibit B is a list of the names and addresses of the owners of all property immedi- ately adjacent to parcel 2660519. WHEREFORE, Roanoke Investments Associated, Inc. requests that the above-described 0.43-acre parcel be rezoned and that the conditions to which the 2.184-acre parcel has been and the new 2.615-acre parcel will be subject be amended, all as herein set forth, in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Daniel F. Layman,<_Jr. ~ Woods, Rogers & Hazlegrove 105 Franklin Road, S.W. P. O. Box 720 Roanoke, VA 24004 Respectfully submitted, ROANOKE INVESTMENTS ASSOCIATED, ~. ~ l~d s ~Pre sident Counsel for Roanoke Investments Associated, Inc. -4- OFFICIAL TAX NO. 2660501 2660503 2660518 2660110 2660112 2660113 2660114 2660115 2660129 2660421 2660414 2660424 2660417 EXHIBIT B TO REZONING PETITION OF ROANOKE INVESTMENTS ASSOCIATED, INC. LIST OF ADJOINING PROPERTIES OWNER Roanoke Country Club, Inc. C. H. Havnaer Edgar D. and Mary A. Prillaman Roanoke Country Club, Inc. John R. and Eveleen H. Angle John R. and Eveleen H. Angle Robert L. and Doshia E. Graham Dale and Mary Jo Thompson Boyce R. and Sara M. Osburn Curtis M. Dillon William G. Crouch, Jr. Contracting Enterprises, Inc. U.A. Hoal HASI Partnership c/o A. Silverstein ADDRESS 3360 Country Club Dr., NW Roanoke Virginia 24017 P. O. Box 6357 Roanoke Virginia 24017 1002 Winova Avenue, SW Roanoke Virgln~a 24015 3360 Country Club Dr., NW Roanoke Virginia 24017 1018 Country Club Dr., NW Roanoke Virglnla 24017 1018 Country Club Dr., NW Roanoke Virginia 24017 1026 Country Club Dr., NW Roanoke Virginia 24017 1036 Country Club Dr., NW Roanoke Virginia 24017 1024 Country Club Dr., NW Roanoke Virginia 24017 3406 Melroase Avenue, NW Roanoke, Virginia 24017 P. O. Box 4127 Roanoke Virginia 24015 P. O. Box 6322 Roanoke, Virglnla 24017 P. O. Box 6023 Roanoke, Virginia 24017 TO THE CITY CLERK OF THE CITY ~.ROANOKE, VIRGINIA PERTAINING TO THE RE~IN~ REQUEST OF: Request from Roanoke Investments Associated, Inc., ) represented by Daniel F. Layman, Jr., attorney, that) a 0.43 acre parcel of land, being a portion of offi-) cial tax no. 2660519, located off of Melrose Avenue,) NW, be rezoned from RS-3, Residential Single Family District, to LM, Light Manufacturing District, and that a condition proffered and approved by Ord. No. 29656 in conjunction with the rezoning of the parcel of land identified as official tax no. 2660502, be amended to limit the use of the property to reflect the character of the light industrial operations being conducted on the property at the present time. AFFIDAVIT COMMONWEALTH OF VIRGINIA ) ) CITY OF ROANOKE ) TO-WIT: The affiant, Martha Pace Franklin, first being duly sworn, states that she is secretary to the Secretary of the City of Roanoke Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of ~15.1-341) Code of Virginia (1950), as amended, on behalf of the Planning Commission of the City of Roanoke she has sent by first-class mail on the 25th day of September, 1989, notices of a public hearing to be held on the 4th day of October, 1989, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: PARCEL OWNER~ AGENT OR OCCUPANT ADDRESS 2660501 2660110 Roanoke Country Club, Inc. P. O. Box 6069 Roanoke, VA 24017 2660503 C.H. Havnaer P.O. Box 6357 Roanoke VA 24017 2660518 Edgar D. and Mary A. Prillaman 1002 Winona Avenue~.~J Roanoke VA 24015 2660112 2660113 John R. and Eveleen H. Angle 1018 Country Club Dr~&i~ Roanoke VA 24017 2660114 Robert L. and Doshia E. Graham 1026 Country Club Dr. ~~, Roanoke, VA 24017 2660115 2660129 Dale and Mary Jo Thompson Boyce R. and Sara M. Osborne 1036 Country Club Dr. Roanoke, VA 24017 1024 Country Club Dr. Roanoke, VA 24017 2660421 Curtis M. Dillon William G. Crouch, Jr. 3406 Melrose Avenue k Roanoke, VA 24017 2660414 Contracting Enterprises, Inc. P.O. Box 13725 Roanoke, VA 24036 2660424 2660417 U. A. Hoal P. O. Box 6322 Roanoke, VA 24017 HASI Partnership P.O. Box 6023 c/o A. Silverstein Roanoke, VA 24017 Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 25th day of September, 1989. Notary Public My Commission Expires: TO THE CITY CLERK<~' ~HE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE~ZONI~ REQUEST OF: Request from Roanoke Investments Associated, Inc., ) represented by Daniel F. Layman, Jr., attorney, that) a 0.43 acre parcel of land, being a portion of offi-) cial tax no. 2660519, located off of Melrose Avenue,) NW, be rezoned from RS-3, Residential Single Family ) District, to LM, Light Manufacturing District, and )AFFIDAVIT that a condition proffered in conjunction with the ) rezoning of tax no. 2660519 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 Secretary of the City of Roanoke Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of ~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 27th day of November, 1989, notices of a public hearing to be held on the 6th day of November, 1989, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: PARCEL 2660501 2660110 2660503 2660518 2660112 2660113 2660114 2660115 2660129 2660421 2660414 OWNER~ AGENT OR OCCUPANT Roanoke Country Club, Inc. C. H. Havnaer Edgar D. and Mary A. Prillaman John R. and Eveleen H. Angle Robert L. and Doshia E. Graham Dale and Mary Jo Thompson Boyce R. and Sara M. Osborne Curtis M. Dillon William G. Crouch, Jr. Contracting Enterprises, Inc. ADDRESS P. O. Box 6069 Roanoke VA 24017 P.O. Box 6357 Roanoke, VA 24017 1002 Winona Avenue Roanoke, VA 1018 Country Roanoke, VA 1026 Country Roanoke, VA 1036 Country Roanoke VA 1024 Country Roanoke VA 3406 Melrose Roanoke, VA 24015 Club Dr. 24017 Club Dr. 24017 Club Dr. 24017 Club Dr. 24017 Avenue 24017 P. O. Box 13725 Roanoke VA 24036 2660424 U. A. Hoal P.O. Box 6322 Roanoke, VA 24017 2660417 HASI Partnership P.O. Box 6023 c/o A. Silverstein Roanoke, VA 24017 SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this My Commission Expires: 27th day of November, 1989. Notary Public January 18, 1990 File #514 Ms. Nancy ~. Cross 3817-2 Stratford Park Drive, S. ~. Roanoke, Virginia 24018 Dear Ms. Cross: I am enclosing copy of Ordinance No. 29907-11690 permanently vacating, discontinuin9 and closing a portion of Barnes Avenue, N. ~., approximately 672 feet ia length, as measured along the center of the abandoned roadway, extending westerly from the eastern properly line of a parcel of land identified as Official Tax No. 6600101 to the right-of-way of Virginia Route 117. Ordinance No. 29907-11690 was adopted by the Council of the City of Roanoke on first reading on Monday, January 8, 1990, also adopted by the Council on second reading on Tuesday, January 16, 1990, and will take effect ten days following the date of its second reading. Sincerely, ~ff~ Mary F. Parker, CMC City Clerk MFP:ra pc: Hr. W. Robert Herbert, Chairman, Roanoke Regional Airport Commission United States of America, 5301 Barnes Rvenue, N. ~., Roanoke, Virginia 24019 Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Steven J. Talevi, Assistant City Attorney The Honorable Jerome S. Howard, Jr., Commissioner of Revenue Mr. Von ~. Moody, III, Director of Real Estate Valuation Mr. Michael M. ~aldvogel, Chairman, City Planning Commission Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals Ms. Nancy W. Cross January 18, 1990 Page 2 pc: Mr. ~illiam F. Clark, Director of Public Works Mr. Kit B. Kiser, Director of Utilities and Operations Mr. Charles M. Huffine, City Engineer Mr. Ronald H. Miller, Building Commissioner and Administrator Mr. John R. Marlles, Agent/Secretary, City Planning Commission ~r. Edward R. Tucker, City Planner Ms. Doris Layne, Office of Real Estate Valuation Zoning January 18, 1990 File #514 The Honorable Patsy Testerman Clerk of the Circuit Court Roanoke, Virginia Dear Wiss Testerman: I am enclosing copy of Ordinance No. 29907-11690, for proper recoraation in your office, which provides for the permanent vacating, discontinuing and closing of a portion of Barnes Avenue, N. ~., approximately 672 feet in length, as measured along the center of the abandoned roadway, extending westerly from the eastern property line of a parcel of land identified as Official Tax Naa 6600101 to the right-of-way of Virginia Route 117. ©rdinance No. 29907-11690 was adopted by the Council of the City of Roanoke on first reading on Monday, January 8~ 1990, also adopted by the Council on second reading on Tuesday, January 16, 1990, and will take effect ten days following the date of its second reading. Mary F. Parker, C,~4C City Clerk ~FP:ra Eric. pc: Ms. Nancy W. Cross, 3817-2 Roanoke, Virginia 24018 Stratford Pare Drive, S. W., Room 456 Mumc~lsal BuHo~n9 2~5 Church Average S',~' Roanoke V~rg~n~a 2401~ 705 98~ s':4~ IN THE COUNCIL OF THE CITY OF ROANOKE, The 16thday of January, 1990. No. 29907-11690. VIRGINIA, AN ORDINANCE permanently vacating, discontinuing and closing cer- tain public right-of-way in the City of Roanoke, Virginia, as is more particularly described hereinafter. WHEREAS, the City of Roanoke, Virginia, Council to permanently vacate, of-way described hereinafter; Nancy W. Cross has filed an application to the Council of in accordance with law, requesting the discontinue and close the public right- and WHEREAS, the City Planning Commission, which 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. WHEREAS, a public hearing was held on said application by the City Council on January 8, 1990, after due and timely notice thereof as required by ~30-14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on said application; and WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no inconvenience will result to any individual or to the public from per- manently 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: A portion of Barns Avenue, N. W., approximately 672 feet in length, extending in a westerly direction from the east property line of the parcel identified as Official Tax No. 6~00101 to the right-ofway of Virginia Route 117, be, and it hereby is, 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 uti- lity, 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 pub- lic right-of-way of any such municipal installation or other utility or facility by the owner thereof. BE IT FURTHER ORDAINED that the City Manager or his designee is hereby authorized to request the Commonwealth of Virginia to determine ownership of the remaining section, east of barricaded area, of old Route ll7/Barns Avenue and if necessary to request and accept con- of Roanoke to effect veyance of fee simple title to this property to the City and execute such other documentation as may be necessary the purposes of this ordinance. BE IT FURTHER ORDAINED that this ordinance shall upon be contingent the following conditions: 1) The applicant shall provide, and/or dedicate and construct an adequate turnaround acceptable to the City Engineer at the terminus of Barns Avenue, N. and provide to the City a subdivision plat and development plan to provide for street line division, all necessary easements and protection of the existing tributary (Bushong Creek) that passes through the property; 2) Conveyance of title and recordation of a deed in form acceptable to the City Attorney to the remaining 144- foot section (east of the barricaded area) of Old Route liT/Barns Avenue by the Commonwealth of Virginia to the City of Roanoke in the event it is determined that title does not currently vest in the City of Roanoke; 3) Title to the remaining 144-foot section (east of the barricaded area) of Old Route liT/Barns Avenue shall vest in the adjoining owners upon closure by operation of law or otherwise. 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 or ordinances and resolutions of the Council of the City of Roanoke, Virginia, wherein this ordi- nance shall be spread. BE IT FURTHER ORDAINED that the Clerk of the Council deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation in the Deed Books of said Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of Nancy W. Cross, and the names of any other parties in interest who may so request, as Grantees. BE IT FINALLY ORDAINED that in the event all of the conditions set forth in the Planning Commission recommendation made to Council on January 8, 1990, have not been met within two (2) years from the date of adoption, this ordinance shall become null and void with no further action of City Council. ATTEST: City Clerk. Roanoke City Planning Commission January 8, 1990 Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request from Nancy W. Cross that a portion of Barns Avenue, N.W., approximately 672 feet in length, extending in a westerly direction from the east property line of the parcel identified as official tax no. 6600101 to the right-of-way of Virginia Route 117, be permanently vacated, discontinued and closed. I. Back~round: ae Portion of Barns Avenue, N.W., as requested for closure is an unused remnant of the original roadway of Route 117. Right-of-way is 60' wide. Be Virginia Department of Transportation discontinued this section of roadway in 1963. Road was barricaded at that time, at its intersection with Peters Creek Road (new alignment of 117). Parking and litter problems resulted in a second barricade being installed, in 1966, at a distance of approximately 528' from Peters Creek Road. Ce Applicant owns the property abutting the north right-of-way boundary of the subject section of Barns Avenue, N.W., (official tax no. 6600101). Do Roanoke Regional Airport Commission owns the property abutting the south right-of-way boundary of this section of Barns Avenue, N.W. Ee Application to close this section of street was initially submitted by the applicant on June 7, 1983. Room 355 Municipal Building 215 Church Avenue, S.W~ Roanoke, Virginia 24011 (703) 981-2344 Roanoke City Council Page 2 January 8, 1990 Applicant requested that the application be withdrawn on September 19, 1983, after concluding that the Commonwealth of Virginia held fee simple title to the land within the subject right-of-way. II. Current Situation: Application was resubmitted on November 21, 1989. Application requests the closure of 672' of Barns Avenue, N.W. Request includes a 528' section of the road described in a sales agreement between the applicant and the Commonwealth of Virginia and a 144' section of the street that is currently in use. B. ADplication states the following: The property requested for vacation is to be used to provide additional acreage for the construction of an office building comple×. Applicant has executed a sales agreement with the Commonwealth of Virginia to purchase approximately 528 lineal feet of the subject right-of-way. The Commonwealth of Virginia has abandoned this 528' portion of Barns Avenue, N.W. (old 117). Right-of-way section is presently being used as a garbage dump and night time recreation area. Street section is shown and depicted on official City appraisal maps as a public right-of-way, notwithstanding the status of barricades at the time of annexation in 1976. Sales agreement has been executed by the applicant and accepted by the Commonwealth of Virginia for the purchase of the subject right-of-way (see attached letter, dated November 17, 1989). Commonwealth of Virginia is in the process of abandoning approximately 528 lineal feet of the subject section of right-of-way (see attached map). Commonwealth of Virginia offered the City of Roanoke first option to acquire this right-of-way (see letters dated July 28, November 10, November 21, 1983). Roanoke City Council Page 3 January 8, 1990 City of Roanoke in response made the following recommendations: 1. City recommended that the parcel be sold. City recommended that a provision be made a turnaround to be established at the terminus of the purchase area. for III. Issues: Title to remaining portion of old Route ll7/Barns Avenue, N.W., outside of area (528') being sold to applicant. B. Utilities within the public right-of-way. C. Creation of a dead-end street. D. Tributary (creek) protection. IV. Alternative A: City Council close and vacate a 672' section of Barns Avenue, N.W. (old Route 117), subject to the following conditions: a). That the City Manager or his designee be authorized to request that the Commonwealth of Virginia determine the current status of title to the remaining section (east of barricaded area) of old Route ll7/Barns Avenue, N.W., and if such determination establishes that the Commonwealth of Virginia still holds title thereto, that the City Manager or his designee be authorized to request that said title be conveyed to the City of Roanoke. b). That the applicant agree to provide, and/or dedicate and construct an adequate turnaround to a standard acceptable to the City Engineer at the terminus of Barns Avenue, N.W. c). That the applicant agree to provide to the City a subdivision plat and development plan, to provide for street line division, all necessary easements and protection of the existing tributary (creek) that passes through the property. d). That the ordinance providing for the closure include the provision that such ordinance shall not become effective until the above Roanoke City Council Page 4 January 8, 1990 conditions have been met and that if such conditions are not met and a deed conveying title to the property referred to in sub-part 2, is not accepted and recorded by the City within a period of two years from the date of adoption of the above-mentioned ordinance, then said ordinance shall become null and void with no further action by City Council being necessary. 1. Title to the remaining portion of old Route ll7/Barns Avenue, outside of area (528') being sold to applicant. a. Commonwealth of Virginia asserts that it owns that section (528') of Barns Avenue/Old Route 117, that is currently barricaded. Department of Transportation (local office) could not verify that title to the remaining section of Barns Avenue/Old Route 117, currently vests with the City of Roanoke. The possibility exists that title, for some reason, may not have been conveyed to the City. If the City of Roanoke does not own the section of right-of-way outside of the barricaded area (528') then title to the additional 144' section will not vest in the abutting property owners upon closure. Roanoke Regional Airport Commission owns the property abutting the southerly boundary of the subject right-of-way. Airport Commission has stated that if title will not vest in the abutting property owners upon closure, then it is oDposed to the closure of the additional 144' section of right-of-way, beyond the barricaded (528') section. Status of ownership of the remaining section of Barns Avenue/Old Route 117, should be determined prior to official closure of the entire 672' section of the subject right-of- way. Department of Transportation has agreed to determine, upon the City's request, whether the City owns the remaining section of old Route 117, and has further agreed that if the Commonwealth of Virginia holds title, the Commonwealth of Virginia will convey such title to the City of Roanoke. Roanoke City Council Page 5 January 8, 1990 If City Council approves the Planning Commission's recommendation for closure a request will be made to the Department of Transportation to determine the status of title, and if title vests with the Commonwealth, to convey such title to the City of Roanoke (see proposed attached letter). Utilities within the right-of-way. Utilities exist within the public right-of-way. Subdivision plat has been recommended to be submitted as a condition to the closure. Plat will include all necessary easements and proper legal references. Creation of a dead end street. Closure will create a dead end street. Subdivision plat and development plan recommended as conditions to closure will provide for the dedication and construction of a proper turnaround at the terminus of the street. Tributary protection (Bushon~ creek). Bushong creek runs through and under the area requested for closure. Recommended development plan will provide city inspection of the construction process, to ensure tributary protection. Alternative B: City Council close and vacate a 672' section of Barns Avenue, N.W., (old Route 117) as requested. Title to remainin~ portion of Barns Avenue, N.W., (old Route 117) outside of the area (528') bein~ sold to applicant. Commonwealth of Virginia may still retain title to the remaining section. If the City does not take title to the remaining right-of-way, then closure will have no affect on title being vested in the abutting property owners. Utilities within the right-of-way. Easements would have to be identified and retained for all utilities. Creation of a dead end street. Traffic will not be provided with an adequate turnaround area. Roanoke City Council Page 6 January 8, 1990 Tributary (creek) protection. City would have no assurance that tributary would be adequately protected and provided for during construction upon the property. Alternative C: City Council deny the request to close and vacat~ the subject 672' section of Barns Avenue, N.W./Old Route 117. Title to the remaininq portion of Barns Avenu~ N.W./Old Route 117. Question of title to the remaining street section would not be a current issue. Utilities within the right-of-way. Easements would still be needed for utilities that currently exist in the 528' section proposed for sale by the Commonwealth to Nancy Cross. Creation of a dead end street. Dead end currently existing at the easterly barricade would remain unchanged. Tributary (creek) Drotection. Nancy Cross will still acquire title to the 528'section of roadway within the barricaded area. Construction will still occur in and around Bushong Creek. Recommendation: The Planning Commission by a vote of 6-0 (Mr. absent), recommends that City Council approve Alternative A. Bradshaw Respectfully submitted, Michael M. Waldvogel, Roanoke City Planning Commission ERT:mpf attachments cc: Assistant City Attorney Director of Public Works City Engineer Building Commissioner Petitioner Roanoke Regional Airport Commission ~,Q !::I~ T~ :'~UNCIL OF THE CITY OF ROANOKE, VIRSINIA IN RE: ) ) Application of NANCY W. CROSS ) APPLICATION FOR VACATING, for vacation of a portion of Barns Ave) DISCONTINUING AND CLOSINS ) OF BARN~ AVENUE, N. MEMBERS OF COUNCIL: NANCY W. CROSS applies to have BARNS AVENUE, N. W. in the City of Roanoke, Virginia~ permanently vacated~ discontinued and closed, pursuant to Virginia Code Section 15.1-5&4 and Section 50-14, Code of the City of Roanoke (1979) as amended. This street is more particularly described on the plat attached and as follows: That portion of Barns Avenue N. N., approximately &72 feet in length, as measured along the center of the abandoned roadway~ extending ~esterly from the east property line of the parcel identified as Official Tax No. &&O0101 to the right of Nay of Virginia Route # 117. NANCY W. CROSS states that the grounds for this application are as follows: 1) The apRlicant desires to use the property to be vacated to provide additional acreage for the construction of an office building complex. 2) The Com=~ealth has officially abandoned the ~estern portion of Barns Ave. N. H. 5) The applicant has executed a sales agreement with the Commonwealth and has made a do~ payment on that portion of Barns Avenue N. H. 4) The prepert¥ is presently being used as a garbage dump and night time recreation area. NHEREFORE, NANCY N. CROSS respectfully requests that the above described Barns Avenue N. W.~ be vacated by the Council of the City of Roanoke~ Virginia, in accordance ~ith.V, irginia Code Section 15.1-364 and Section ~0-14, Cede of the City of Roanoke (1979) as amended. Respectfully submitted, NANCY W. CROSS 15 November 1989 LOCATION / 0 0 --/18; Sta. 5i+50 Sta. 52 -I. 5~l iNOKE C( UNTY TO ROANoK, Sto. 97-1- 50 ~/D SECONDARY ~[YSTEMS DUE TO RELOCATION ' ROUTE 117, PRO~IECT 0117-080_002,C_1 ~ld Location to be A~andone-d. No~e )id Location to be D~scontinued-O:lSmL,~ 3Id Location to be Ti'onsferred to Secondary System-o.65 ~ Airport Commission V~ Robert Herbert, Chairman L~, Garrett, Vice Chairman Jae~ M, Schlanger Bob L. Johnson Kit B. Kiser Jacqueline L. Shuck, Executive Director Robert C. Poole, Airport Manager December l, 1989 5202 Aviation Drive Roanoke, Virginia 240'i2 (703) 362-'1999 Roanoke City Planning Commission c/o Michael M. Waldvogel, Chairman Roanoke, Virginia Re: Request from Nancy W. Cross that a portion of Barnes Avenue, N.W., approximately 672 feet in length be permanently vacated, discontinued, and closed Dear Ms. Goode and Gentlemen: The purpose of this communication is to convey the position of the Roanoke Regional Airport Commission with regard to the above-captioned closure request. The Commission has no objection to the closure of the requested portion of Barnes Avenue, provided that upon closure, the Roanoke Regional Airport Commission receives title to one-half of the closed portion of Barnes Avenue adjacent to its property which is located between the east property line of the parcel identified of Official Tax No. 6600~01, and running in a westerly direction to the existing barricade for a distance of approximately ]44 feet. In the event the Commission would not receive title to this portion of the closure area, the Commission opposes the request. Thank you for your consideration. Very truly yours, Executive Director JLS:csp Cc: Members, Roanoke Regional Airport Commission Wilburn C. Dibling, Jr., General Counsel Nancy W. Cross RAY D. PETHTEL COMMISSIONER COMMONWEALTH of VIRGINIA November 17, 1989 B. W. SUMPTER DISTRICT ENGINEER Mr. Ted Tucker Office of Community Planning Room 355 Municipal Buildin~ 215 Church Ave. S.W. Roanoke, VA 24011 Dear Mr. Tucker: re - Proposed Conveyance of Old Route 117 Roadbed Route 117 - Roanoke County Project 0117-080-002, RW201 As requested in your telephone conversation of November 15, 1989, I am enclosing a copy of the resolution and a plat covering the closing of the section of Old Route 117 in question. Presently we have an executed Sales Agreement with Nancy W. Cross to acquire the subject right of way adjacent to the rear of her property. A copy of the Sales Agreement is also enclosed along with a plat of the area being acquired. We are now in the process of having this area abandoned which must take place before the right of way can be conveyed. If you .eed additional information, please let us know. Sincerely, P. E. Jenkins Senior Acquisition Agent PEJ/mn enclosure NOV 2 1 1989 TRANSPORTATION FOR THE 21ST CENTURY REAL ESTATE SALES AGREEMENT Route 117, City of Roanoke Project 0117-080-002, RW201 THIS SALES AGREEMENT, made this 10 day of October, 1989 by and between the Commonwealth of Virginia, hereinafter referred to as Seller, and- ., i . _ , hereinafter referred to as Buyer. For the sum of $~?~~th~ buyer agrees to purchase from the seller the here.inazter descri'bed real estate, on the terms and conditions set forth herein. The buyer, upon signing this agreement, will pay the sum of $1,~0.00 in Cashier or Certified Check or postal money order, and th&~l~e as specified below will be due and payable upon delivery of the deed. The buyer hereby agrees to pay the sum of $~'7~.00 in Cashier or Certified Check or postal money order upon delivery of the deed. The buyer is to pay all recording fees that may be necessary at the time of recording the deed. It is understood that the seller will not be responsible for the condition of the property. The property is sold "as is", and no guarantee or other representation has been made. The seller will not be responsible for vandalism or theft· The property is described as that rectangular-shaped parcel of land fronting approximately 195' on the south side of Route 117 (Peters Creek Rd.) and containing 31,680 square feet, more or less land. It is further understood that a deed "without warranty" will be given on this property. / .................................... ( SEAL ) · ;&l~ · ~' ~ ' J4r. W. No ~llott~ Jr. ~AP REVISED BY...,:.......-=--- CHECKED BY ............................. i;~CORDED .................................. Moved by Mr. Fi%zpatrick Mr. Chilton , seconded by ~AS, Route 117 in Roanoke County has been altered and reconstructed as shown on plans for Project 0117-080-002, 0-I; and ~' WHEREAS, two sections of the old road are no longer necessary for purposes of the State Highwa~ System, a new road haVing been constructed in lieu thereof, and two sections of the old road are to be transferred to the Secondary System of Highways; NOW, THEP~EFORE, BE IT RF~OL~ED, that pursuant'to Section 33-76.1 of the Code of Virginia of 1950, as amended, 0.15 nile of old Route 117, shown in yellow and designated as SeCtions 1 and 5 on the plat dated May 17, 1965, Project 0Ll~-080- 002, C-i, be discontinued as a part of the State Highwa~ ~yste~; BE IT FJRTH~ RESOLVED, that pursuant to Section 33-27 of the Code of Virginia 1950, as amended, 0.65 mile of old Route 117, shown in red and designated as Sections 3 and 4 on the plat and project referred to hereinabove, be transferred from the Primary Syste~ to the Secondary System of Highways. Motion carried. 5-19-66 1983 Route 117 Project 0117-080-002,R~.1 City of Roanoke RIGHT OF I~AY - Proposed Conveyance of old Routa 117 Roadbed He. H. Bern E~ert CttY~nager Ctty of Roanoke 215 Church Avenue, S.N. Roanoke, VA 2401~ Dear Mr. £we~t: have had a request_from Fir. James L. Cross, Jr. tO acquire some excess --~_-land-neae-Route_.-l_lZ_le-thLClt~y_of__Roanoke. - _ Attached ts a copy of R~. Cross' letter and a plat sho~tng the captioned ~estdue parcel outlined tn RED. As thts paroel ts located within the City of Roanoke, the City does have ft~st option tn purchasing this area if they so destre. Please advtse us as to the Ctty's reco~endatton in the d~sposttton of th~s restdue parcel of land. Sincerely, Attachment M. J. ~nole R.~nht of Nay Y!anager C. B. Huff ~tqht of Way Agent Dept. of Htgl~ways & Transportation P. O. Box 71 Sale~, VA 24153-0071 Telephone 387-558~ COMMONWEALTH o[ VIRGINIA DEPARTMENT OF HIGHWAYS 8( TRANSPORTATION 1221 EAST BROAD STREET RICHMOND, 23219 1983 Plea= R~v To ~te 117 P.o. Box 71 ~otncC 0117-080-002, BTGH2 OF ~rAY - Proposed Conveyance of old Route 117 Roadbed Mr. H. Bern bert C~.t~ o£ ~ncke XC La O~r understaudLn~ the C~.C~ vas fa'tlLar with Chh P~sM c~ey~ a~ oi~e we bye nec hea~ th mil or ~rteuCly S~ the d~ar~c 8Catu of th~ par~L, we ~ld appreo~Ce~a rep~y as 8~ as ~so~le to br~ h~ up co dace. ACtaolmmnc R/sbt of Way HsncSer B CO: Mr. W. C. D~.blins, Jr. Mr. Ted Tucker Mr. M. I. 9k)od, Jr. TRANSPORTATION -- AMERICA'S LIFELINES Office of the City Manager 21 November 1983 Mr. M. J. Angle Right of Way Manager B Virginia Department of Highways and Transportation P. O. Box 71 Salem, Virginia 24153 Re: Request to Purchase Real Estate Route 117 ~' Project 0117-080-002, RW-1 City of Roanoke Dear Mr. Angle: Thank you for your letter of November 10, 1983 concerning the request of Mr. J. L. Cross, Jr. to acquire a portion of the former roadbed of Old Route 117 (Barns Road, N.W.). We have investigated the proposal and find that the parcel is shown on our Appraisal Map No. 660. The parcel is zoned L.M., Light Manufacturing District. We recommend that provision be made, when this section is sold and closed, for a turn-around on the end of Barns Road, N.E. (Old Route 117). We would also point out that C&P Telephone will need an ease- ment for co~unication lines that exist at this location. We feel that it is undesireable to hold such useable property in public ownership and not put it to some use. We would, therefore, recommend that the parcel be We appreciate the opportunity to comment on this sale. If we can pro- vide additional information, please let me know. Sincerely, W. Robert Herbert Assistant City Manager WRH/s fn Cc: Mr. Wilburn C. Dibling, Jr., City Attorney blr. Kit B. Kiser, Director, Utilities & Operations Mr. Richard B. Burrow, City Engineer Mr. J. L. Cross, Jr. n ....'~,x ~ 'n~'-i~nl Building 2 t'5 Church Avenue, 5 W. Roanoke, Virginia 240,11 (703)981-2333 Office of Community Planning Mr. Fred Althizer Department of Transportation 714 South Broad Street Salem, VA 24153 Dear Mr. Althizer: In reference to our previous conversation concerning title to a certain section of old Route 117, and on behalf of the City of Roanoke, I am requesting the following: That a determination be made as to whether the Commonwealth of Virginia holds fee simple title to the specific section of old Route 117, as shown on the attached map, and; That if the Commonwealth of Virginia holds title to the subject section of right-of-way, then please accept this correspondence as the City's request for the Commonwealth of Virginia to convey such title in said property to the City of Roanoke. I would certainly appreciate your assistance in this matter and if you need any further information, please contact me at 981-2344. Sincerely, ERT:kef Attachment Edward R. Tucker Agent to the Planning Commission for land subdivision Room 355 Municipal Building 215 Church Avenue, S.W Roanoke, Virginia 24011 (703) 98'~-2344 ~' :"'-'"°'~ ~.,~",~,~,,-I RTE. 117 STA. I0§ .~ :)5.98 / / t5 t 2 _/ --q82! -- (6~2~ 0 I0 · 0.$$ Sect. oct. 4 Sto. 974-50 Sta. 50 Sta. 52 -I- 5~ ~,NOKE C~UNTY ~/D SECONDARY fYSTEMS DUE TO RELOCATION ' ROUTE 117, PRO~IECT 0117-080_002, C_1 lid Location to be A!andoned. N~ae )id Location to be Dtscontinued. O.:lSmL~ 3Id Location to be T~onsferred fo Seconderv System-0.65 ~ / TO ROANOK Office of the City Clerk December 26, 1989 File #514 Ms. Nancy W. Cross 3817-2 Stratford Park Drive, S. ~'. Roanoke, Virginia 24018 Dear Ms. Cross: I am enclosing copy of a report of the City Planning Commission recommending that the Council of the City of Roanoke grant your request that a portion of Barnes Avenue, N. W., approximately 672 feet in length, as measured along the center of the abandoned roadway, extending westerly from the eastern property line of a parcel of land identified as Official Tax No. 6600101 to the right-of-way of Virginia Route 117, be permanently vacated, discontinued and closed. Pursuant to Resolution No. 25523 adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 6, 1981, a public hearing on the abovedescribed request has been set for Monday, January 8, 1989, at 7:30 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. For your information, I am also enclosing copy of a notice of the public hearing. The Ordinance will be prepared by Mr. Steven J. Talevi, Assistant City Attorney, and will be forwarded to you uader separate cover at a later date. Questions with regard to the City Planning Commission report should be directed to Mr. John R. Marlles, Chief of Community Planning at 981-2344. Sincerely, ~ Mary F. Parker, CMC City Clerk MFP:ra PUBLIC57 Enc. Room4§6 MunicipaIBuilding 215Church ~,venue,$.w. Roanoke. Virginia 24011 (703)981-2541 Ms. Nancy W. Cross December 26, 1989 Page 2 pc: Mr. W. Robert Herbert, Chairman, Roanoke Regional ~irport Commission United States of America, 5301 Barnes Avenue, N. W., Roanoke, Virginia 24019 Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Steven J. Talevi, Assistant City Attorney The Honorable Jerome S. Howard, Jr., Commissioner of Revenue Mr. Von ~. Moody, III, Director of Real Estate Valuation Hr. Michael M. Waldvogel, Chairman, City Planning Commission Mr. Lo Elwood Norris, Chairman, Board of Zoning Appeals Mr. ~illiam F. Clark, Director of Public ~orks Mr. Kit B. Kiser, Director of Utilities and Operations Mr. Charles M. ~uffine, City Engineer Mr. Ronald H. Miller, Building Commissioner and Zoning Administrator Mr. John R. Marlles, Agent/Secretary, City Planning Commission Mr. Edward R. Tucker, City Planner Ms. Doris Layne, Office of Real Estate Valuation AD NUHBEK - L2210853~ PUBLISHER'S FEE - ~62o50 CITY UF ROANOKE C/O MARY F PARKER CITY CLERKS OFFICE RO0~ 456 MUNICIPAL ELOb ROANOKE VA 2~011 STATE OF VIRGINIA CITY OF ROANOKE AFFIDAVIT CF PUbLICaTION I, (THE UNDERSIGNED) AN AUTHORIZEO REPRESENTATIVE OF THE TINES-wORLD COR- PORATION~ NHICH CORPORATION IS PUbLiShER OF THE ROA~NOKE TIMES 8 wCRLD-NE~S~ A DAILY NEWSPAPER PUBLISHED IN ROANOKE~ iN THE STATE OF VIRGINIA, DC CERTIFY THAT THE ANNEXED NOTICE ~AS PUBLISHED IN SAID NEWSPAPERS ON THE FOLLOWING DATES 12/22/89 MORNING 12/29/~9 MORNING wlTNESS~ Tr~-~S 1ST DAY OF JANUARY 1990 7-"/? ~ -.~ ,.~ "' ..""_ __.//Z__. _ 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, January 8, 1989, at 7:30 p.m. or as soon thereafter as the matter may be heard, in the Council Chamber in the Municipal Building, 215 Church Avenue, S. W., on an application to per- manently abandon, vacate, discontinue and close the following public right-of-way: A portion of Barnes Avenue, N. W., approximately 672 feet in length, extending in a westerly direction from the east property line of the parcel identified as Official Tax No. 6600101 to the right-of-way of Virginia Route 117. 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 and citizens may appear on the above date and be heard on the question. GIVEN under my hand this 20th day of December , 19 89 Mary F. Parker, City Clerk. Please publish in full twice, once on Friday, December 22, 1989, and once on Friday, December 29, 1989, in the Roanoke Times & World News, Morning Edition. Please send publisher's affidavit and bill to: Ms. Mary F. Parker, City Clerk Room 456, Municipal Building Roanoke, Virginia 24011 Office of the City Clerk November 21, 1989 File #514 ~r. Michael M. ~aldvogel Chairman City Planning Commission Roanoke, Virginia Dear ~r. ~aldvogel Pursuant to Ordinance No. 25226, I am enclosing copy of an application from Mr. James ~o Cross, Jr., representing Hrs. ~ancy W. Crass, requesting that a portion of Barnes Avenue, ~. ~., approximately 672 feet in length, as measured along the center of the abandoned roadway, extending westerly from the eastern pro- perty line of a parcel identified as Official Tax ~o. 6600101 to the right-of-way of Virginia Route #117 be permanently vacated, discontinued and closed. ~incerely, ~ ~4ary F. Parker, C~C City Clerk ~FP:ra ST.C~©S~57 pc: Ns. Nancy ~. Cross, 3817-2 Stratford Park Drive, Roanoke, Virginia 24018 ~r. John R. ~arlles, Agent/Secretary, City Planning Commission Mr. RonaId H. ~iller, Zoning Administrator ~r. Edward R. Tucker, City Planner ~r. Steven J. Talevi, Assistant City Attorney Room 456 Municipal Building 215 Church Avenue. S.W. Roanoke, vizginia 24011 (703) 981-25a-1 ~ ~'ii! JAMES L. CROSS, JR. 5817-2 Stratford Park Drive S. Roanoke, VA 24018 15 November 1989 THE CITY OF ROANOKE, VIRGINIA Mary F. Parker, City Clerk 215 Church Avenue S. W. Roanoke, Virginia 24011 Dear Ms. Parker: Attached hereto is a petition for street closure for a portion of Barns Avenue N. W. This petition is presented on behalf of my wife, Nancy W. Cross. Please reactivate the petition originally filed 6 June 1983. It was necessary to place the request on hold pending resolution of the claim by the Commonwealth of ownership of the majority ofthe road in question (OLD RT. 117). This problem has now been overcome, the Commonwealth officially closed this portion of roadway and presented a sales agreement to Mrs. Cross. The deed to this property will be in hand prior to the 6 December i989 meeting of the Planning Commission. Due to the circumstances surrounding this petition, the City to consummate the earlier transaction due ship of the right-of-way, it is respectfully requested additional fee be charged. Ja~]_'. ~r6ss, Jr. JLCjr/nwc eno (2) inability of that no JAMES L. CROSS, JR. 58i7-2 Stratford Park Drive Roanoke, VA 240i8 20 November 1989 THE CITY OF ROANOKE~ VIRGINIA Mary F. Parker, City Clerk 2i5 Church Avenue S. W. Roanoke, Virginia 24011 Dear Ms. Parker: In response to your request of 17 November adjacent property owners please be advised The Roanoke Regional Airport Commission. 1989 for a list of there is only one, I publicly presented a copy of the Street Closing Petition to the Airport Commission at their regular monthly meeting at 10:00 AM on Wednesday 15 November 1989. es L. ~ross, Jr. JLCjr/nwc I Ill --..-- TO THE CITY CLERK ~HE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE C~SURE ~EQ~3EST OF: Request from Nancy W. Cross that a portion of Barns Avenue, N.W., approximately 672 feet in length, extending in a westerly direction from the east property line of the parcel identified as official tax no. 6600101 to the right-of-way of Virginia Route 117, be permanently vacated, discontinued, and closed. 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 Secretary of the City of Roanoke Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of ~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 27th day of November, 1989, notices of a public hearing to be held on the 6th day of December, 1989, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: PARCEL 6590101 6600201 OWNER~ AGENT OR OCCUPANT Roanoke Regional Airport Commission United States of America ADDRESS 5301 Barns Ave. a Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, Roanoke, Virginia, this 27th day of November, 1989. Notary Public My Commission Expires: in the City of ? -II 5273 North Spring Drive, Roanoke, Virginia 24019 September 19, 1983 N. Wo Mrs. Mary F. Parker City Clerk Room 456, Municipal Bldg. Roanoke, Virginia 24011 Dear Mrs. Parker: JLC cc: Mr. Earl B. Reynolds, This is to advise you that I wish to withdraw my petition dated June 6, 1983, requesting that a certain 675 foot portion of Barns Avenue, N. W., be vacated, discontinued and closed. By copy of this letter, I also wish to advise Mr. Earl B. Reynolds, Jr., Secretary of the City Planning Commission, of my decision to withdraw the petition. s L. Cross, Jr. Jr., Secretary, City Planning Commission PLEASE 8E ADVISED I AM W~ITHDRAWING MY PETITION DUE TO THE INABILITY OF THE CITY OF ROANOKE TO FURNISH A-DEED TO THE BARNS AVENUE RIGHT OF WAY. ' THE DEPARTMENT OF HIGHWAYS AND TRANSPORTATION FLATLY STATES TITLE TO THE RIGHT OF WAY IS HELD BY THE COMMONWEALTH AND THE CITY OF ROANOKE HAS NO INTEREST IN THIS PARCEL. FOR THIS REASON I REQUEST REFUND OF MY APPLICATION FEE OF $100.00 AND ADVISING FEE OF $64.80. JA~ L. CROSS. JR. JAMES L. CROSS, JR. PO BOX 6104 ROANOKE, VA 24017 6 AUG 1985 ROANOKE CITY PLANNING COMMISSION EARL B. REYNOLDS, SECRETARY 215 CHURCH AVENUE SW ROANOKE, VA 24011 DEAR MR. REYNOLDS: I~anoke Office~ Or' Community ~nning & Econ~niC DeveloPment RE: CLOSING OF BARNS AVE. NW THIS IS IN REPLY TO YOUR LETTER OF 3 JULY 85, ERRONEOUSLY MAILED TO THE INCORRECT ADDRESS, RECEIVED 5 AUGUST 85. I HAVE REPLIED TO YOUR PREVIOUS CORRESPONDENCE, ADVISING THAT NEGOTIATIONS WERE UNDER WAY. DO NOT CLOSE THE FILE ON THIS REQUEST AS IT VERY PROBABLY WILL BE AMENDED TO INCLUDE AN ADDITIONAL SECTION. AN APPLICATION HAS BEEN MADE FOR INDUSTRIAL REVENUE BONDS, SAID APPLICATION APPROVED BY ROANOKE CITY COUNCIL ON 22 JUNE. THE COMMONWEALTH HAS ISSUED THE PERMIT FOR GRADING AND THE CITY EROSION CONTROL PERMIT WILL BE REQUESTED SHORTLY. JAME~S~. . / JLCJR/NWC TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA '84 PERTAINING TO THE STREET CLOSURE OF: Jtl -2 P 2:32 Request from James L. Cross, Jr. and Nancy W. Cross, that a) portion of Barns Avenue, N.W., approximately 165 feet in ) length, extending from the east property line of the parcel) identified as Official Tax No. 6600101 to the point of ) intersection with the portion of the roadway owned by the ) Commonwealth of Virginia, be permanently vacated, discon- ) tinued and closed. ) 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 Secretary of the City of Roanoke Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of ~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 2nd day of July, 1984, notices of a public hearing to be held on the llth day of July, 1984, on the street closure captioned above to the owner or agent of the parcels listed below at their last known address: PARCEL OWNER, AGENT OR OCCUPANT West Commonwealth of VA State Highway Dept. 6600102 Ralph K. Smith City of Roanoke Nancy W. Cross South North Roanoke, Virginia, ADDRESS P.O. Box 71 Salem, VA 25153 3807 Sioux Ridge Road, NW Roanoke, VA 24017 3817-6 Stratford Park Dr. Roanoke, VA 24018 Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of this 2nd day of July, 1984. My Commission Expires: ~_~.~o2~/,/~;~-~5-- , Misc. 6/25/84 - Council; C. Manager Or, ce of ~e Ci~/ June 18, 1984 File #514 Mrs. Susan S. Goode Chairman City Planning Commission Roanoke, Virginia Dear Mrs. Goode: Pursuant to Ordinance No. 25226, I am enclosing copy of an amended application from James L. Cross, Jr. and Nancy W. Cross, requesting that a portion of Barns Avenue, N. W., approximately 165 feet in length, extending from the east property line of the parcel identified as Official Tax No. 6600101 to the point of intersection with the portion of the roadway owned by the Commonwealth of Virginia, be permanently vacated, discontinued and closed. Si ncerely, Mary F. Parker, CMC City Clerk MFP:se Enco cc: Mr. James L. Cross, Jr., 5273 North Spring Drive, N. W., City 24019 Mr. Earl B. Reynolds, Jr., Secretary, City Planning Commission Mr. William M. Hackworth, Assistant City Attorney Mr. Kit B. Kiser, Director of Utilities and Operations Mr. Richard B. Burrow, City Engineer Mr. Ronald H. Miller, Building Commissioner Room 456 Municipal Building 2t5 Church Avenue, SW. Roano~,., Virginia 24011 (703) 981-254t CiTY THE COUNCIL OF THE CITY OF , vIRGINIA IN RE: Application of James L. Cross,Jr. and Nancy W. Cross for vacation of Barns Avenue NW ) ) ) ) ) APPLICATION FOR VACATING, DIS- CONTINUING AND CLOSING OF A PORTION OF BARNS AVENUE NW MEMBERS OF COUNCIL: James L. Cross, Jr. of Barns Avenue NW of the vacated, 15.1-364 amended. and Nancy W. Cross apply to have a portion City of Roanoke, Virginia permanently discontinued and closed, pursuant to Virginia Code Section and Section 30-14, Code of the City of Roanoke (1979), as This Barns Avenue NW is more particularly described as follows: DETAILED DESCRIPTION The portion of the roadway approximately 165 feet in length, extending from the east property line of the parcel identified as Tax Number 6600101 to the point of intersection with the portion of the roadway owned by the COMMONWEALTH OF VIRGINIA and under option to James L. Cross, Jr. and Nancy W. Cross. This portion is shown in blue on both of the attached drawings. James L. Cross, Jr. and Nancy W. Cross state that the grounds for their application are as follows: 1) Ail landowners whose property adjoins the property to be vacated have been notified and are in agreement with this Application. 2) The property to be vacated is presently being used as a garbage dump and drinking area as it has been barricaded for 11 years. WHEREFORE, James L. Cross, Jr. and Nancy W. Cross respectfully request that the above described street, be vacated by the Council of the City of Roanoke, Virginia, in accordance with Virginia Code Section 15.1-364 and Section 30-14, Code of the City of Roanoke (1979), as amended. Respect f~ly, my L. Cross, ancy~ W. Cr6ss IN RE: ) Application of James L. Cross, Jr. ) and Nancy W. Cross for vacation of ) a portion of Barns Avenue NW ) LIST OF PROPERTY OWNERS 1) To the west 2) To the east(Tax 3) To the south 4) To the north # 6000102) COMMONWEALTH OF VIRGINIA under option to James L. & Nancy W. Cross Ralph K. Smith 380? Sioux Ridge Road NW Roanoke, Va. 24017 CITY OF ROANOKE, VIRGINIA Nancy W. Cross 3817-6 Stratford Park Dr. Roanoke, Va. 24018 SW James L. Cross, Jr. 3817 Stratford Park Dr. Roanoke, Va 24018 18 June 1984 IN RE: Application of James L. Cross, Jr. and Nancy W. Cross for vacation of a portion of Barns Avenue NW SW MEMBERS OF COUNCIL: James L. Cross, Jr. and Nancy W. Cross request that the entire 60 foot width of the vacated street be deeded to the petitioners instead of the customary one half. The grounds for this request are as follows: 1) The intended use for this lot is for the con, struction of an office complex. Z) deep as 25 3) to the filling operation. The lot will have to be filled with a fill as feet in some portions. Bushong Branch will have to be enclosed prior 4) Due to the 25' setback line at the front and the slope line at the rear, unless the entire width of the vacated street is deeded, the useable size of the lot after filling will not justify the cost of enclosing the branch and placing the fill material. NancyUW. Cross CITY Of ROANOKE: INTERDEPARTMENT COMMUNICATION RECr. i {;ITY r:{ :'~; '",'-ICE '83 JUL28 P3:18 Roanoke City Planning Commission July 20, 1983 - 1:30 p.m. Roanoke City Council Chambers, Fourth Floor, Municipal Building AGENDA 1. Call to Order. Approval of Minutes - May 25, 1983 - June 1, 1983 3. Old Business - None 4. New Business Request from James L. Cross, Jr and Nancy W. Cross, requesting that a portion of Barns Avenue, NW, being approximately 675 feet in length, extending from the eastern property line of the parcel identified as Official Tax Number 6600101, to the point of intersection with the present State Route 117 (Peters Creek Road), be permanently vacated, discontinued and closed. Request from Greater Roanoke Homes, represented by Mr. Kenneth M@~, Partner, that an alley running generally north and -so~t/~ to the 300 block of Woods Avenue, S.W., between Lots 18 ~mnd 19, Block 10, zn the City of ~anoke, Virginia, be pe~nently vacated, discontinued and closed. Request from Golden Park Corporation, represented by Mr. Richard E. Viar, atto~ey, that two parcels of land lying on the northerly side of To~side Road, S.W., desi~a~ed as Official Tax Nos. 5490301, 5490308, and 5490309, be rezoned from R~I, Gener~ Residential District, to C-2, General Co~ercial District. . Request from Mr. Robert W. Mmchaei, chat two tracts of land lying in the City of Roanoke, Virginia, and as 1900 Wayne ~treet, N.E., Official T~ Nos. 3110215 and 3110216, being lots 14 and 15, be rezoned from ~, Duplex Residential District to RG-~, General Residential District. '85 ,ITl!. -5 ? :08 Roonoke Ci~/Planning Commission July 3, 1985 Mr. James L. Cross 5273 ~orth Spring Drive, N.W. Roanoke, VA 24019 Dear Mr. Cross: Subject: Request to Close a Segment of Barns Avenue, N.W. As you have not responded to previous correspondence on the above- referenced matter, please bg advised that we intend to close the file on matter if we have not received communication from you within the next 30 days (August 2, 1985). Thank you for your attention to this matter. Sincerely, Earl B. Reynolds, Jr., Secretary Roanoke City Planning Con~nission EBR:mp.~/ ccgz/mary F. Parker, City Clerk January 18, 1990 File #24A-79 ~r. ~. Robert Herbert City Manager Roanoke, Virginia Dear Ur. Herbert: I am attaching copy of Ordinance No. 29908-11690 amending and reordaining subsection (b) of §32-169, Levied; amount, of Chapter 32, Taxation, of the Code of the City of Roanoke 11979), as amendea, in order to provide a maximum amount for any single uti- lity tax applied to each separate meter. Ordinance No. 29908-11690 was adopted by the Council of the City of Roanoke on first reading an ~onday, January 8, 1990, also adopted by the Council on second reading on Tuesday, January 16, 1990, and will take effect on April 1, 1990. Sincerely, ~ary F. Parker, CMC City Clerk ~FP:ra pC: The Honorable Roy B. Willett, Chief Judge, Circuit Court The Honorable Clifford R. ~'eckstein, Judge, Circuit Court The Honorable Diane ~cQ. Strickland, Judge, Circuit Court The Honorable ~enneth E. Trabue, Judge, Circuit Court 305 East ~ain Street, Salem, Virginia 24153 The Honorable G. ©. Clemens, Judge, Circuit Court, P. 1016, Salem, Virginia 24153 The Honorable Philip Trompeter, Chief Judge, Juvenile Domestic Relations District Court The HonoraDle Fred L. ~oback, Jr., Judge, Juvenile Domestic Relations District Court and a~d Mr. ~. Robert Herbert January 18, 1990 Page 2 pc: The Honorable Joseph M. Clarke, II, Judge, Juvenile and Domestic Relations District Court The Honorable Edward S. Kidd, Jr., Chief Judge, General District Court The Honorable Julian H. Raney, Jr., Judge, General District Court The Honorable Richard C. Pattisal, Judge, General District Court The Honorable Patsy Testerman, Clerk, Circuit Court Ms. Patsy Bussey, Clerk, Juvenile and Domestic Relations District Court Mr. Ronald Albright, Clerk, General District Court Mr. ~ilburn C. Dibling, Jr., City Attorney The Honorable Donald S. Caldwell, Commonwealth's Attorney Mr. Raymond F. Leven, Public Defender, Suite 4B, Southwest Virginia Building, Roanoke, Virginia 24011 Mr. Bobby D. Casey, Office of the Magistrate, P. O. Box 13867, Roanoke, Virginia 24037 The Honorable Jerome S. Howard, Jr., Commissioner of Revenue The Honorable Gordon E. Peters, City Treasurer Mr. Joel ~. Schlanger, Director of Finance Ms. Clayne M. Calhoun, Law Librarian Mr. Robert L. Laslie, Vice President - Supplements, Municipal Code Corporation, P. O. Box 2235, Tallahassee, Florida 32304 January 18, 1990 File #24A-79 Mr. Donald C. Reid, Manager C ~ P Telephone Company 110 Campbell Avenue, S. ~. Suite 107 Roa~oke, Virginia 24011 Dear Ur. Reid: I am enclosing copy of Orainance No. 29908-11690 amending and reordaining subsection (b) of §32-169, Levied; amount, of Chapter 32, Taxation, of the Code of the City of Roanoke (1979)~ as amended, in order to provide a maximum amount for any single uti- lity tax applied to each separate meter. Ordinance 29908-11690 was adopted by the Council of the City of Roanoke first reading on Monday, January 8, 1990, also adopted by the Council on second reading on Tuesday, January 16, 1990, and will take effect oa April 1, 1990. Sincerely, ~ ~ary F. Par~er, CMC City Clerk ~FP:ra ~nc. CERTIFIED January 18, 1990 File #24A~79 Mr. G. E. Laurey Accounting Maaager Appalachian Power Company P. ©. Box 2021 Roaaoke, Virginia 24022 Dear ~r. Laurey: I am enclosing copy of Ordinance No. 29908-11690 amending and reordaining subsection (b) of §32-169, Levied; amount, of C~apter 32, Taxation, of the Code of the City of Roanoke (1979), as amended~ in order to provide a maximum amount for any single uti- lity tax applied to each separate meter. ©rdinance No. 29998-11690 was adopted by the Council of the City of Roanoke oa first reading on ~onday, January $, 1990, also adopted by the Council on second reading on Tuesday, January 16, 1990, and will take effect on April 1, 1990. Sincerely, Mary F. Parker, C~C City Clerk ~FP:ra Enc. CERTIFIED ViA IL January 18, 1990 File #24A-79 Mr. Roger L. BaumcJardner Vice-President/Secretary/Treasurer Roanoke ~as Company P. ©. Box 13007 Roanoke, Virgiaia 24030 Dear ~r. Baumgardner: I am enclosing copy of Ordinance No. 29908-11690 amending and reordaining subsection (b) of §32-169, Levied; amount, of Chapter 32, Taxation, of the Code of the City of Roanoke (1979), as amended, in order to provide a maximum amount for any single uti- lity tax applied to each separate meter. ©rdinance No. 29908-11690 was adopted by the Council of the City of Roanoke on first reading on ~onday, January 8, 1990, also adopted by the Council on second readiag on Tuesday, January 16, 1990, and will take effect on April 1, 1990. Sincerely, ~~ ~Iary F. Parker, C~C City Clerk ~4FP: ra Enc. CERTIFIED [IOOm 456 MUn,CiDeI Bu~lolng 245 C~'u~ch Average S W Roanoke V~rg~mo 24011 t703 981 254.~ IN THE COUNCIL OF THE CITY OF The 16thday of Jam,~ry, 1990. No. 29908-11690. ROANOKE, VIRGINIA, AN ORDINANCE amending and reordaining subsection (b) of §32-169, Levied; amount, of Chapter 32, Taxation, of the Code of the City of Roanoke (1979), as amended, in order to provide a maximum amount for any single utility tax applied to each separate meter or location and providing for an effective date. BE 1. Subsection the City of Roanoke as follows: ~32-169, Levied; amount. * * * IT ORDAINED by the Council of the City of Roanoke that: (b) of §32-169, Levied; amount, of the Code of (1979), as amended, is amended and reordained (b) With respect to each utility service purchased, the amount of any single tax imposed upon the purchaser thereof shall be limited to a maximum of two thousand four hundred dollars ($2,400.00) per month, applied to each separate meter or location of the purchaser. 2. 1990, ately, nance by certified mzil to the registered agents of the utility corporations required to collect the taxes referred to herein. The effective date of this ordinance shall be April 1, and the City Clerk is hereby directed to provide immedi- and no later than January 30, 1990, a copy of this ordi- ATTEST: City Clerk. WILBURN C. DIBLING, JR. CITY OF ROANOKE r, OFFICE OF THE CITY ATTORNEY ROANOKE, VIRGINIA 24011-159S January 2, 1989 WILLIAM X PARSONS MARK ALLAN WILLIAMS KATHERINE HOWE JONES STEVEN J. TALEVI Honorable Mayor and Members of City Council Roanoke, Virginia Re: Utility tax; amendment to maximum amount Dear Mrs. Bowles and Gentlemen: At the regular meeting of Council held on Monday, December 18, 1989, you instructed my Office to prepare the proper measure increasing the maximum amount for any single utility tax applied to each separate meter or location from $2,000 to $2,400 per month. Before this tax amount may be increased, §58.1-3007 of the Code of Virginia (1950), as amended, requires that notice be published and that Council conduct an appropriate hearing. Therefore, pur- suant to Council's instruction, we have prepared the proper adver- tisement and have set a public hearing before Council at its regular meeting on January 8, 1990, at 7:30 p.m. Please also note that the Code of Virginia requires at least sixty days notice to the utility companies prior to any change in the utility tax struc- ture. Therefore, the effective date of the proposed ordinance implementing this change will be April 1, 1990. Please let me know if you have any comments or questions or if I may be of further assistance in this matter. With kindest personal regards, I am Slnc re y y r Cit~y WCDj/MAW:sm Attachment CC: W. Robert Herbert, City Uanager Joel M. Schlanger, Director of Finance Mary F. Parker, City Clerk AD NUMBER 122~08~42 PUbLIShER'S FEE - CITY OF ROANOKE C/G MARY F PARKER CITY CLcRKS OFFICE ROOM 450 MUNICIPAL bLDG ROANOKE VA Z~Oll Sql.sO STATE OF VIRGINIA CITY OF ROANOKE AFFIUAVIT CF PUBLICATION 1, ITHE UNOERSIGNEO~ AN AOTHURIZED REPRESENTATIVE OF THE TIMES-~ORLO COR- PORATION, WHICH CORPORATION IS PUBLISHER OF THE ROANOKE TIMES G WORLO-NEWS, A DAILY NEWSPAPER PUDLISHEC IN ROANOKE~ IN THE STATE OF VIRGINIA, DC CERTIFY THAT T~E ANNEXED NOTICE ~AS PU~LlSHEO IN S~ID NEWSPAPERS ON THE FOLLOWING OATES 12/31/~9 SUNDAY wITNESS, ~H~IS 1ST DAY OF JANUARY 1990 NOTICE OF PUBLIC HEARING Pursuant to $58.1-3007, Code of Virginia (1950), as amended, notice is given of a proposal to increase the maximum amount for any single utility tax applied to each separate meter or location from two thousand dollars ($2000.00) to two thousand four hundred dollars ($2400.00). A copy of the proposed ordinance imple- menting the proposed increase and changes in the tax on the purchase of utility services is available for public inspection and copying in the Roanoke City Clerk's Office, Room 456, Municipal Building, Roanoke, Virginia. A PUBLIC HEARING will be held before the Council of the City of Roanoke on Monday, January 8, 1990, at 7:30 p.m., in the City Council Chambers, Municipal Building, 215 Church Avenue, S. W., Roanoke, Virginia, at which time citizens of the locality shall be given an opportunity to appear before and be heard by City Council on the subject of the aforesaid proposed increase and changes in the tax on the purchase of utility service. GIVEN under my hand this 28th day of December, 1989. ary ar er, City Clerk Note to Publisher: Publish in full once on Sunday, December 31, 1989, in the legal advertisement sectin of the Roanoke Times-World News, Morning Edition. Please mail bill and affidavit of publication to Mary F. Parker, 456 Municipal Building, Roanoke, Virginia 24011. January 18~ 1990 File #166-9 ~r. W. Robert Herbert City Manager Roanoke, Virginia Dear Ur. Herbert: I am attaching copy of Ordinance No. 29912-11690 authorizing the proper City officials to enter into a five-year extension of the lease agreement with purchase option between the City and Budget Rent-a-Car of Roanoke, Inc., for a one-acre parcel of land on the south side of ~unicipal Road, N. W., upon certain terms and con- ditions. Ordinance No. 29912-11690 was adopted by the Council of the City of Roanoke on first reading on Monday, January 8, 1990, also adopted by the Council on second reading on Tuesday, January 16, 1990, and will take effect ten days following the date of its second reading. Sincerely, Mary F. Parker, C~!.C City Clerk MFP:ra pc: ~r. Edward A. Natt, Attorney, P. O. Box 20068, Roanoke, Virginia 24018 Mr. Gene Lynn, Budget Rent-a-Car, 1725 West Main Street, Salem, Virginia 24153 Mr. Joel M. Schlanqer, Director of Finance Ms. Deborah J. Moses, Chief of Billings and Collections IN THE COUNCIL OF THE CITY OF The l6thday of January, 1990. No. 29912-11690. ROANOKE, VIRGINIA, AN ORDINANCE authorizing the proper City officials to enter into a five-year extension of the lease agreement with purchase option be- tween the City and Budget Rent-a-Car of Roanoke, Inc., for a one-acre parcel of land on the south side of Municipal Road, N.W., upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that the City Manager and the City Clerk are hereby authorized to execute and attest, respectively, for and on behalf of the City of Roanoke, a five-year extension of the lease with Budget Rent-a-Car of Roanoke, Inc., for a one-acre portion of a 12.93-acre tract on the south side of Municipal Road, N.W., bearing Official Tax No. 6640105, such agreement to be for a five-year term ending December 31, 1994, at an annual lease rate of $8,616.00 or $718.00 per month, and to contain a purchase option upon thirty (30) days written notice by Lessee, at any time during the five-year extension at a price determined by appraisal and approved and mutually agreed upon by both parties, to include the requirement that Lessee accomplish the subdivision of the property and conform to all appropriate City Codes and ordinances, and to contain such other terms and conditions as are approved and required by the City Manager as set forth in a report to this Council dated January 2, 1990, in form approved by the City Attorney. ATTEST: City Clerk. Roanoke, Virginia January 8, 1990 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Renewal of Lease of City Owned Property - Budget Rent-A-Car The attached staff report was considered by the Water Resources Committee at its meeting on January 2, 1990. The Committee recommends that Council authorize the appropriate City officials to enter into a five (5) year lease extension with Budget Rent-A-Car of Roanoke, Inc. for a one (1) acre parcel of land with improvements, a portion of a 12.93 acre parcel bearing Official Tax No. 6640105, in accordance with conditions stated in the attached report. Respectfully submitted Elizabeth T. Bowles, Chairman Water Resources Committee ETB:KBK:afm Attachment CC: City Manager City Attorney Director of Finance Director of Utilities & Operations Real Estate Agent Chief of Billings & Collections Edward A. Natt, Osterhoudt, Ferguson, Natt, Aheron & Agee, P.C. INTERDEPARTMENTAL COMHUNICATION SUBJECT: DATE: January 2, 1990 TO: M,~mbe.rs ,. Water Resources Committee FROM: Kit B.'Kiser, Di~_~ Utilities & Operations, thru W. Robert Herber~'~ Manager RENEWAL OF LEASE OF CITY-OWNED PROPERTY BUDGET RENT-A-CAR I. Backsround: Execution of a five (5) year lease of a one (1) acre site off Municipal Road, N.W. to Budget Rent-A-Car was authorized by Council by Ordinance No. 27325, dated December 3, 1984. Terms of Lease, which included allowances for Lessee's improvements on and off-site and which were based on a mutually agreed upon fair market value of the improved site resulted in an annual lease rate of $4~463.00 for the five (5) year original term of the lease. That lease term ends on December 31, 1989. Lease included provision for an additional five (5) year extension on mutually agreeable terms and conditions. C. Option to purchase one (1) acre tract was included in the original lease upon thirty (30) days notice by Lessee. II. Current Situation: A. Extension of the lease for a second five (5) year term has been requested by Budget Rent-A-Car. B. Terms of extension to include an annual lease rate of $8~616.00, or $718.00 per month. Co Purchase Option is to be included in lease extension. Option to purchase the property upon thirty (30) day notice by Lessee, at any time during the five (5) year extension, at a price determined by appraisal and approved and mutually agreed upon by both parties, to include the requirement that Lessee accomplish the subdivision of the property and conform to all appropriate City codes and ordinances. Members, Water Resources Committee RE: Renewal of Lease/Budget Rent-A-Car Page 2 III. A. Committee recommend to Council that it authorize the appropriate City officials to enter into a five (5) year lease extension with Budget Rent-A-Car of Roanoke, Inc. for a one (1) acre parcel of land with improvements, a portion of a 12.93 acre parcel bearing Official Tax No. 6640105, under certain terms and conditions generally spelled out in Item II, B&C, above: 1. Need by Lessee for continued use of facility is met. 2. Timin$ to grant extension before end of original lease term is 3. Income to City is the proceeds from the lease. B. Committee not recommend that Council authorize the extension of a lease with Budget Rent-A-Car: 1. Need for facility by Lessee is not met. 2. Timin$ to grant extension prior to end of term of original lease is not met. 3. Income to City is zero. Recommendation: Committee recommend that City Council authorize the appropriate City officials to execute a five (5) year extension of the lease of property on Municipal Road, N.W. to Budget Rent-A-Car of Roanoke, Inc. in accordance with Alternative "A". KBK/RVH/fm Attachment cc: City Attorney Director of Finance Chief, Billings & Collections Edward A. Natt, Osterhoudt, Ferguson, Natt, Aheron & Agee, P.C. OSTER. HOUDT, FEP,.GUSON, NATT, AHER. ON 8 AGEE KOANOKE, VIKGIN IA 240[8 November 20, 1989 Mr. Kit B. Kiser, Director Utilities & Operations City of Roanoke Room 354, Municipal Building 215 Church Avenue, SW Roanoke, VA 24011 Dear Kit: As we discussed on the telephone ast week, my client, Budget Rent-A-Car, is very desirous of extending and renewing its lease of the one-acre tract near the Airport. It is my understanding from my client that the rental set forth in your letter of October 16th, 1989, is satisfactory. However, there is one additional matter which we need to consider and we need to insure will be in the lease extension. We would want the option to purchase the property at any time during the five-year extension provided that the acquisition is at fair market value to be determined by actual appraisal of the property. If this provision is satisfactory, please advise shortly since we do need to finalize this before the middle of December of this year. Thanking you in advance for your attention to this matter, I am Very truly yours, OSTERHOUDT, FERGUSON, AHERON $ AGEE, P.C. Edward A. Natt NATT, /bp CC: Mr. Gene Lynn Budget Rent-A-Car 1725 W. Main Street Salem, VA 2q153 Director of Utilities & Operorions Mr. Edward A. Natt, Attorney P. O. Box 20068 Roanoke, VA 24018 Dear Ed: Re: Lease, Budget Rent-A-Car October 16, 1989 OFFICE OF CITY ENGIN~R ROANOKE, VA 24011 Subject lease provides for two methods of calculating the annual lease rate, as follows: 10% of the fair market value of the land, but less off-site improvement value, however, rate shall not be less than method #2. Not less than 10% of 33 1/3% of the fair market value of the property including improvements. Value of off-site improvements reported to me on December 27, 1985 was $11,382.00. If this value was adjusted up at an inflation rate of 4% annually for four years, the value would be $13,840.51. Also, it was reported on September 27, 1985 that the value of the on-site improvements was $134,018.00. I don~t know of a method of breaking this value down to determine if these improvements should be increased for inflation or decreased due to depreciation. I therefore think that the new annual rate would be the greater of the following: 1. ($100,000.00 - $13,840.51) z 10% = $8,615.95 2. ($100,000.00 + $134,018.00) x 10% x 33 1/3% ~ $7,792.80 Your client is currently paying an annual lease rate of $4,463.00. Value in this area is obviously increasing. The City recently renewed a lease for two acres of improved property in the immediate area for $17,000 annually. Upon your agre-ment, I will reco~m~end a year-to-year extension, not to exceed five years, of the lease at the rental rate of $8,616.00/year or $718.00/month. KBK:afm cc: Richard Hamilton, Real Estate Agent Respectfully, Kit B. Kiser, Director Utilities & Operations Room 354 Mun,clpal Building 215 C~urd~ Av~J~l~, ,~'~ ~jal,,,N~e. Virginia 24011 (70~) 981-2602 January 18, 1990 File #28-4688 ~r. W. Robert Herbert City Hanager Roanoke, Virginia Dear 2r. Herbert: I am attaching copy of Ordinance No. 29913-11690 authorizing the abandonment of a certain original ten foot water line easement through the existing River Park Shopping Center in Vinton, Virginia, and accepting dedication of a new twenty foot water line easement with pipe in place through property of P-N-C, a North Carolina General Partnership, as owner of the River Park Shopping Center, upon certain terms and conditions. Ordinance No. 29913-11690 was adopted by the Council of the City of Roanoke on first reading on Honday, January 8, 1990, also adopted by the Council on second reading on Tuesday, January 16, 1990, and ~iil take effect ten days following the date of its second readinq. gincerely, .~ ,~4ary F. Parker, CMC City Clerk MFP:ra Eno o pc: Ms. Cheryl D. Watson, Attorney, P. ©. 8ox 90, Roanoke, Virginia 24002 Hr. Joel ~. Schlanger, Director of Finance Hr. Kit B. ~iser, Director of Utilities and Operations Hr. M. Craig Siuss, Hanager, Water Department ~r. Richard V. Hamilton, Real Estate Agent IN THE COUNCIL OF THE CITY OF ROANOKE, The l6thdayofJan,,~y, 1990. No. 29913-11690. VIRGINIA, AN ORDINANCE authorizing the abandonment of a certain water line easement and acceptance of the dedication of a new replace- ment easement in connection with the River Park Shopping Center, upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that the Mayor and City Clerk are authorized to execute and attest, respectively, in form approved by the City Attorney, the appro- priate documentation necessary to abandon a certain original 10' water line easement through the existing River Park Shopping Center in Vinton, Virginia, and to accept dedication of a new 20' water line easement with pipe in place through property of P-N-C, a North Carolina General Partnership, as owner of the River Park Shopping Center, such documentation including appropriate evi- dence of title to the newly dedicated easement to be provided by P-N-C, as more particularly set forth in the report of the Water Resources Committee to this Council dated January 8, 1990. ATTEST: City Clerk. Roanoke, Virginia January 8, 1990 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Water Line Easement - Abandon and Replace - River Park Shopping Center, ¥inton, VA The attached staff report was considered by the Water Resources Committee at its meeting on January 2, 1990. The Con~nittee recommends that Council authorize the abandonment of old alignment of water line through River Park Shopping Center, ¥inton, Virginia, and the dedication of the new easement on new alignment in accordance with conditions stated in the attached report. Respectfully submitted, Elizabeth T. Bowles, Chairman Water Resources Committee ETB:KBK:afm Attachment CC: City Manager City Attorney Director of Finance Director of Utilities & Operations Real Estate Agent Manager, Water Department Cheryl D. Watson, Attorney, Wetherington & Melchionna INTE I~DEPARTMENTAL COMMUNICATION DATE: TO: FROM: RE: January 2, 1990 Members, Wager Resources Committ.~ I. Kt~ B.' Ki~er thru Robert Herbert Water Line Easement Abandon and Replace River Park Shopping Center, Vinton, VA I. Back~round: Water Line from Falling Creek/Beaverdam Reservoirs, built in about 1907, through Vinton to the City of Roanoke, passed through the area where the River Park Shopping Center was built in 1988. B. Construction of shopping center necessitated a relocation of the water line and easement. C. Relocation of water line has been accomplished and the line tested, accepted and placed in service. II. Current Situation: Proposed (un-recorded) plat showing original location of water line and new location of line, with a twenty (20) foot water line easement and a fifteen (15) foot easement, has been submitted for approval by P-N-C, a North Carolina General Partnership, owner of the shopping center. III. Issues: A. Need B. Timin~ IV. Alternatives: Committee recommend to City Council that it authorize the abandonment of the original ten (10) foot water line easement, and the dedication of a new twenty (20) foot water line easement (with pipe in place) through property of P-N-C, a North Carolina General Partnership, owner, River Park Shopping Center, Vinton, Virginia, as shown on a plat dated October 19, 1989, prepared by T.P. Parker & Son, Engineers, Surveyors, Planners and labeled "Easement Plat for P-N-C". 1. Need by owner and City for new easements met. 2. Timin8 to provide easement for existing water facility as soon as possible is met. Page two Committee not recommend that City Council authorize new easements for a portion of the Falling Creek/Beaverdam water main that has been relocated through River Park Shopping Center. 1. Need for easements not met. 2. Timin~ to provide easements quickly not met. Recommendation: Committee recommend that Council authorize the abandon- ment of old alignment of water line through River Park Shopping Center, Vinton, Virginia, and dedicate new easement on new alignment in accordance with Alternative "A". Documentation, including appropriate evidence of title to the newly dedicated easement to be provided by F-N-C, a North Carolina General Partnership, in form approved by City Attorney. KBK/WRH/RVH/eam Attachments cc: City Attorney Director of Finance Manager, Water Department Cheryl D. Watson, Atty., Wetherington & Melchionna lira CRI~r~ ~ December 13, Mr. Kit Kiser Water Resources Couauittee City of Roanoke Municipal Building - Church Avenue Roanoke, VA 24011 1989 "c, Re: River Park Shopping Center, Vinton, Virginia Dear Mr. Kiser: This firm represents P-N-C, a North Carolina general partnership which is the current owner of River Park Shopping Center in Vinton, Virginia. During work on the shopping center, an old (approximately 1907) 10-foot water line was relocated._ A-new water line was installed. The new water line has been tested and accepted by the water department. (See the copy of the letter from Mr. Craig Sluss, Manager of the Water Department which is attached.) However, the easement on the old water line has not been vacated and an easement on the new water line has not been dedicated. I have met withMr. Sluss. He reviewed the preliminary easement plat. Pursuant to Mr. Sluss' instructions, the easement.plat now shows, among other things, (1) the attaching point of .~e new water line into the old water line, (2) the locatio~¢~ an old easement to be vacated and (3) the location of thet'~ement to be dedicated. I am enclosing the cas.emend'dated_ =~ ,. _. October 19, 1989. t am'directing this request for the vacation of the old easement and the dedication of the new easement to you in yo~r capacity as the representative of the Water Resources Com~i%tee. I would appreciate hearing from you after you have had an opportunity to review the enclosures to determine how~ou wish to proceed. Please let me know if additional documents are needed to accomplish this request. Mr. Kit Kiser December 13, 1989 Page Two Thank you for your attention to and consideration of this matter. CDW:snc:309.00 Enclosures CC: Mark A. Williams, Esq. Mr. Craig Sluss Lawyers Title Insurance Corporation July 15, 1988 Mr. John Rentck Lawyer's Title Insurance Corp. 110 Campbell Avenue, S.W. Roanoke, VA 24011 lO.Inch Line Relocation River Park Shopping Center Deer John: The lO-inch Falling Creek water line through the site of the River Park Shopping Center has been relocated by your contractor, J. p. Turner Brothers and has been tested, accepted and ia now in complete operation. This water line should have the normal one year guarantee by the contractor as any water line does that is installed for the City of Roanoke. We thank you for your assistance in this matter and are certainly happy that the water line is back in. Sincerely yours, /'~/ M. Craig~luss Manager of Water Department MCS:je t24 Kb'ti Avenue. :~.W. Roonohe, Vlrglnla 240i I (703) ¢8t-2&0t (~4-rE ,..,