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Council Actions 10-22-90
(30280) REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL October 22, 1990 2:00 p.m. AGENDA FOR THE COUNCIL Call to Order -- Roll Call. Council Members Fitzpatrick and White were absent. The invocation will be delivered by The Reverend Art M. Hearne, Associate Pastor, Lakeside 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 Bids for painting the ground and first floors of the Commonwealth Building, located at 210 West Church Avenue. Three bids were referred to a committee composed of Messrs. White, Chairman, Clark and Kiser for tabula- tion, report and recommendation to Council. CONSENT AGENDA (Approved 5-0) C-1 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 ~ILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. A report of the City Manager recommending that a public hearing be scheduled for Monday, November 12, 1990, at 7:30 p.m., to consider an amendment to the 1990-91 Community Development Block Grant Program. RECOMMENDED ACTION: Concur in recommendation. (i) A report with regard to a right of entry to Arden Associates L. P., for the purpose of grading Parcel 4, identified as Official Tax No. 7210101, in the Roanoke Centre for Industry and Technology. Adopted Ordinance No. 30286-102290. (5-0) b. Director of Finance: 1. A financial report for the month of September, 1990. Received and filed. Reports of Committees: None. Unfinished Business: None· Introduction and Consideration of Ordinances and Resolutions: Ordinance No. 30268, on second reading, rezoning 130 par- cels of land lying approximately south of 22nd Street, S. W., north of 26th Street, approximately west of Rosalind Avenue, and east of Avenham Avenue, S. W., from RM-1, Residential Multi-Family, Low Density District, to RS-3, Residential Single Family District; to rezone nine parcels of land lying on the south side of Rosalind Avenue, S. W., between 24th Street and 23rd Street, from RM-2, Residential Multi-Family, Medium Density District, to RS-3, Residential Single Family District; and to rezone 16 parcels of land lying on the south side of Broadway Avenue, S. W., between Longview Avenue and McClanahan Avenue, from RM-2, Residential Multi-Family, Medium Density District, to RM-1, Residential Multi-Family, Low Density District. Adopted Ordinance No. 30268-102290. (5-0) A Resolution reappointing a Director of the Industrial Development Authority of the City of Roanoke, to fill a four (4) year term on its Board of Directors. Adopted Resolution No. 30287-102290. (5-0) A Resolution memorializing the late Horace S. Roanoke Civic Center Commission member. Fitzpatrick, Adopted Resolution No. 30288-102290. (5-0) Motions and Miscellaneous Business: Inquiries and/or comments by the Mayor and Members of City Council. Mayor Taylor appointed Council Members Bowers, Harvey and White as members of the Legislative Committee. (3) 10. Vacancies on various authorities, boards, commissions and committees appointed by Council. Other Hearings of Citizens: Mr. Edmund A. Damus, 1920 Deyerle Road, S. W., appeared before Council with regard to increasing the annual income limit for persons to be accorded the elderly and disabled real estate tax freeze from $22,000.00 to $30~000.00, which increase was approved by the General Assembly, effective July I, 1990. The matter was referred to 1990-91 Budget Study for consideration by Council. Mr. Melvin W. Garrett, 706 Gilmer Avenue, N. W., presented a progress report on a he has proposed to be known as "Reach and Teach." Ms. Frances L. Mathena, $127 Victoria Street, N. W., complained about flooding and water damage to her property. The matter was referred to the City Manager for investigation and report to Council. (4) Office of the City Clerk ©ctober 24, 1990 File #15-178 Dr. Wendell ~. Butler, Chairman ~oanoke ~edevelopment and Housing Authority 2118 Andrews Roaa, N. ~oa,~oke, Virginia 24017 Oear Dr. Butler: This is to advise you that ~4r. Jack Loeb has qualified as a Commissioner of the City of Roanol~e Reaevelopment and ,~ousing Authority Board of Commissioners for a term ending August 31, 1994. Sincere ly, ~ Mary F. Parker, C~C/AAE City Clerk ~FP:ra pc: ~r. Herbert D. McBride, Executive Director, Roanoke Redevelopment and Housing Authority, 2624 Salem Turnpike, N. ~., Roanoke, Virginia 24017 Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 {703) 991-2541 0-2 Oath or Affirmati of, Offlce State of Virginia, C'it~ of Roanoke, to .wit: I, .k, ck Loeb . do solemnly swear (or affirm) th&t I 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 incumbent upon me as a Ce~m~issiot'..er o£ ~',~ City o£ ko~.l~oke kedevelopm~nt and liousing Autho~::ity, for a term endiug August 31, 1994. according to the best of m5 ability. So help me God. i ~ / Subscribed and sworn to before ,ne, this 1~-~ day of ~) ~q /~ Office of the City Clerk Septe~:~er 19, I.~ ~0 File #15-178 Mr. Jack Loeb 36 "dinal Road, S. R 5, Virginia 24014 D Jr. Loeb: A~ .~e regular meeting of the Council of the City of Roanoke held on ~onday, September 17, 1990. you were reelected as a Commissioner of the City of Roanoke Redevelopment and Housing Authority, for a term ending August 31, 1994. Enclosed you will find a Certificate of your reelection and an Oath or Affirmation of Office which may be aaministered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. ~. Please return one copy of the Oath of Office to Room 456 in the Municipal Building prior to serving in the capacity to which you were reelected. For your information and pursuant to Section 2.1-341.1, Code of Virginia (1950), as amended, I am enclosing copy of the Freedom of Information Act. Sincerely, Mary F. Parker, CMC/AAE City Clerk ~FP:ra Enc. pc: Dr. ~endell H. Butler, Chairman, Roanoke Redevelopment and Housing Authority, 2118 Andrews Road N. ~. Roanoke Virginia 24017 ' ' ' ~r. Herbert D. McBride, Executive Director, Roanoke Redevelopment and Housing Authority ,624 Salem Turnoike, N. ~., Roanoke, Virginia 24017 Room 456 Municipal Building 215 Church Avenue, S.W. Virginia COmmONWEALTH OF CITY OF ROANOKE VIRGINIA ) To-wit: I, Mary 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 seventeenth day of September, 1990, JACK LOEB was reelected as a Commissioner of the City of Roanoke Redevelopment and Housing Authority, for a term ending August 31, 1994. Given under my hand and the Seal of the City of Roanoke nineteenth day of September, 1990. this City Clerk Office of the City Clerk October 24, 1990 File #66 Mr. ~. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: At the regular meeting of Council held on Monday, October 22, 1990, Ms. Frances Brooke, 906 Dale Avenue, S. E., addressed Council with regard to absentee homeowners, deteriorating pro- perty, refuse on streets, abandoned cars, rodents and insects in the southeast section of the City. On motion, you for appropriate handling. duly seconded and adopted, the matter was referred to Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:ra pc: Ms. Frances Brooke, Virginia 24013 906 Dale Avenue, S. E., Roanoke, Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 O~ce of ~he City Manage~ October 19, 1990 Honorable Noel C. Taylor, Mayor and Members of Roanoke City Council Roanoke, VA 24011 Dear Mayor Taylor and Members of City Council: The City Clerk brought to my attention the correspondence from Mrs. Frances Brooke which requestS time on Council's agenda on Monday, October 22, 1990, to · rhood issues. To gain a better insight into Mrs. discuss several nelghbo . - -e~ular basis, I asked Stephanie work w~th her on a r ~ Brooke's concerns, as we ~- ~A--~nator to talk with Mrs. Brooke. The Cicero, the Neighborhood Partnership ouu~ , attached correspondence to Mrs. Brooke from Mrs. Cicero details the elements of their conversation which essentially focuses on Mrs. Brooke's concern with tenant behavior and absentee landlords. Similar concerns have been raised by citizens and neighborhood leaders before Council in the past. We will continue to work with Mrs. Brooke as we are currently working with several neighborhood organizations to address landlord/ tenant concerns. This letter and attachment are simply being provided for your information and require no action by Council. W. Robert Herbert City Manager WRH/EBRJr/ga cc: Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance ~s. Mary F. Parker, City Clerk Mr. William F. Clark, Director of Public Works Mr. Ron Miller, Building Commissioner/Zoning Administrator Mrs. Dolores Daniels, Assistant to the City Manager for Community Relations Mrs. Stephanie Cicero, Neighborhood Partnership Coordinator Roor'n 364 Municipal Building 215 ChurCh Avenue~ 5.W. Roanoke, Vkginia 24011 (703) 98t-2333 Room 355, Mufiicipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 345-8250 October 19, 1990 Mrs. Frances Brooke 906 Dale Avenue S.E. Roanoke, VA 24013 Dear Mrs. Brooke: It was a pleasure talking with you yesterday. I am pleased that you have worked with city departments . 'n health and refuse collection and that such as zonl g, ...... ~_~ ave addressed your you feel that these ~ep~- .... s h concerns to the best of their ability. From our conversation, I understand you are greatly concerned about the impact of absentee landlords and their tenants on the quality of living in your neighborhood. As I indicated, city staff are working with residents from another neighborhood on issues between tenantS, landlords and owner-occupied residents and we are developing strategies to address issues, such as yours, which can be applied throughout the city. Additionally, I encourage you to join the Southeast Action ForUm (sEAF); perhaps with your participation, the Southeast Action ForUm can encourage landlords and tenants to have pride in their neighborhood. As I mentioned, the Partnership sponsors the Eyesore Alert Program. Enclosed you will ~e neighborhood organization identifies find a copy the Eyesore Alert instructions and form. Each month, particular concerns which the appropriate department tries to resolve within 30 days. At SEAF's monthly meetings, Mrs. williams asks for eyesoreS. If you have any additional questions or concerns, I can be reached at 345-8250. Thank you for your interest. Sincerely, Stephanie F. cicero, Partnership coordinator cc: W. Robert ~r~ert, City Manager, Lenora williams, sEAF President Office of the City Clerk October 24, 1990 File #237-405 ~r. W. Robert Herbert City Manager Roanoke, Virginia Dear ~r. Herbert: ! am attaching copy of Resolution No. 30281-102290 authorizing execution of a contract with ~attern & Craig, P.C., in an amount not to exceed $150,000.00, to provide engineering services for Phase IA - Preliminary Engineering, in connection with the Peters Creek Flood Reduction Project. Resolution No. 30281-102290 was adoptea by meeting held the Council of tt~e City of Roanoke at a regular on ~4onday, October 22, 1990. Sincerely, /~3cJ~ wary F. Parker, C~C/AAE City Clerk MFP:ra Enc. pc: Ur. Stewart Hubbell, Mattern & Craig, P. C., 701 First Street, S. ~., Roanoke, Virginia 24016 Mr. Joel ~. Schlanger, Director of Finance ,Hr. ~iliam F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Ms. Sarah E. Fitton, Construction Cost Technician Mr. Kit B. Kiser, Director of Utilities and Operations Ms. Dolores C. Daniels, Assistant to the City Manager for Community Relations Mr. Barry L. Key, Manager, Office df ~anagement and Budget Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 22nd Day of October, 1990. No. 30281-102290. VIRGINIA, A RESOLUTION authorizing the execution of a contract with Mattern & Craig, P.C. to provide certain engineering services, specifically engineering services in connection with the Peters Creek Flood Reduction Project. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, an agreement with Mattern & Craig, P.C. for the provision by such firm of engineering services for Phase IA - Preliminary Engineering in connection with the Peters Creek Flood Reduction Project, as more particularly set forth in the October 22, 1990, report of the City Manager to this Council. 2. The contract amount authorized by this resolution shall not exceed $150,000.00 without further Council authorization. 3. The form of the contract with such firm shall be approved by the City Attorney. ATTEST: City Clerk. Office of the City Clerk October 24, 1990 File #237-405 Ur. Joel U. Schlanger Director of Finance Roanoke, Virginia Dear Ur. Schlanger: I am attaching copy of Ordinance No. 30280-102290 amending and reordaining certain sections of the 1990-91 Capital Fund Appropriations, transferring $150,000.00 from Capital Improvement Reserve, Public Improvement Bonds - Series 1990, Storm Drains, to Other Infrastructure, Peters Creek Floodproofing, in connection with execution of a professional Services contract with Uattern & Craig, P.C., for consulting services for the Peters Creek Flood Reduction Project. Ordinance No. 30280-102290 was adopted by the Council of the City of Roanoke at a regular meeting held on ~onday, October 22, 1990. Sincerely, Mary F. Parker, C~C/AAE City Clerk MFP:ra Enc. Mr. ~. Robert Herbert, City Manager Mr. Wiliam F. Clark, Director of Public ~brks Mr. Charles M. Huffine, City Engineer Us. Sarah E. Fitton. Construction Cost Technician Mr. Kit B. Kiser, Director of Utilities and Operations Us. Dolores C. Daniels, Assistant to the City Manager Community Relations Mr. Barry L. Key, ,~anager, Office of Management and Budget for Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 IN T}{E COUNCIL OF ~ CITY OF ROANOKE, VIRGINIA The 22nd Day of October, 1990. No. 30280-102290. AN ORDINANCE to amend and reordain certain sections of the 1990-91 Capital Fund ApPropriations, and providing for an emergency. WHEREAS, for the Usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1990-91 Capital Fund ApPropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Other Infrastructure Peters Creek Floodproofing (1) ......... $15,721,363 Capital Improvement Reserve .......... 150,000 (5,294,927) Public Improvement Bonds - Series 1990 (2) ......... (1,252,677) 1) ApPropriation From Bonds 2) Storm Drains (008-052-9662-9001) $ 150,000 (008-052-9700-9176) (150,000) BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: this City Clerk. Roanoke, Virginia October 22, 1990 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Peters Creek Flood Reduction Consultant Contract I. ~ackground: A. Flooding along Peters Creek in northwest Roanoke City has been a community issue of concern for a number of years. B. Businesses and homes have been subject to periodic flooding resulting in damage to real and personal property. C. A feasibility studS was conducted by the Corps of Engineers along Peters Creek in 1971 when most of the watershed was located in Roanoke County. Following the 1976 annexation, the Corps discontinued the study for lack of a local sponsor. Roanoke City became the local sponsor in November 1985 and the Corps completed its study in February 1988. D. Notification of an insufficient benefit-to-cost ratio by the Corps of Engineers on all Peters Creek alternatives was received in February 1989. Additionally, the Federal Government notified the City that it had no further role con- cerning Peters Creek. The Corps of Engineers, under Federal Regulations, is not allowed to consider common flood control elements such as floodproofing of individual structures and detention facilities for less than the probable maximum flood. In addition, they do not consider the overall con- dition of bridges for replacement. E. An informal study of Peters Creek was begun by the City Staff in March 1989. A number of small channel improvement pro- jects, detention facilities, floodproofin9 and bridge improvements proved to be feasible. F. Peer review was requested by City Council and the City Manager to assist City Staff in the identification of appropriate flood reduction alternatives for Peters Creek. Page 2 II. G. P~eer Review was completed in January 1990. The results con- firmed the feasibility of all options noted in I-E and generated an estimated project cost of $~4,000~000.00. H. Source of fundin~ for the project has been identified in ~ener~l o---6-[igati6n bonds per the bond referendum passed on May 1, 1990 for $4_~j4 000,000.00. Additional funding is to be provided by portions oF the April 1989 Bond Referendum for the Roanoke River Flood Reduction Project (BUY-FLOODPROOF-RESALE). Current Situation: Request for Proposals for consulting services was d on Ma~-~6, ~9~ and th~ . a vertised 25, 1990. ee (3) proposals were received on May Interviews with Smith, Demer & Normann Associates; Hayes, Seay, Mattern & Mattern, Inc.; and Mattern & Craig, P.C. were conducted on June 19, 1990. MatteFn & Craig~ P.C. was determined to be the most qualified ~lrm based on es~bl~shed evaluation criteria. The interview team consisted of Charles M. Huffine, P.E., City Engineer; Jan Bruce, Engineering Technical Supervisor; and John A. Peters, III, P.E., Civil Engineer II. Ori~ina~ne~otiation~ with Mattern & Craig, P.C. resulted in a proposed fe~ o~_641,000.00 for consultant services. Fu___rrther negotiations for a phased approach to the project resulted in a ~otal of five (5) phases; the first being Phase 1A-Preliminary Engineering with a fee of $150,000.00 and a schedule of 120 days from the notice to proceed; an-~ an esti- mate for a proposed total fee of $479~000.00 with a con- tingency of $60,800.00. -' ~..of w~o. rk to be performed for the entire project includes: 1. Channel wideninQ design at two (2) locations. 2. Detention basin design at three (3) locations. 3. Individual home floodproofin~ identification and design (-~to~-ghty (80) homes). 4. Bri_~e/culvert replacement design at four (4) locations. 5. Clearin ao~ Snaggin~ areas defined. Page 3 6. Sewer line relocation and replacement design (approximately 2000 L.F.). 7. S~urveyin§ as related to items 1-6. 8. Mapping as related to items 2 and 4 only. 9. Easement plats to be provided to the City. S~cope of work to be performed in Phase 1A-Preliminary includes: -- 1. Provide necessary surveys and field investigations for computer modeling of bridges/culverts; for determining previous flood elevations; for design purposes, mapping, easements, right-of-way and property plats. 2. Obtain cross-section data necessary for detention basin design at three (3) locations. Additional phases include: 1. Phase 1B-Preliminary Engineering with a schedule of 120 days from the notice to proceed. Phase IIA-Design with a schedule of go days from the notice to proceed. -- Phase IIB-Design with a schedule of 90 days from the notice to proceed. -- 4. Phase III-Construction with a schedule based on scope of work pending design. I. Project contingency of $60~800.00 will be created to cover Mattern & Craig's porti~ of construction managment and one half the budget for individual home floodproofing design (the number of homes which require floodproofing will be deter- mined by the preliminary studies). J. ~ontract time will be increased due to the uncertainity of whether or not the work will be continuous. K. Original maximum feP was based on a total project cost. A phased approach necessitates a renegotiation of each phase. Page 4 III. .Issues in order of importance: A. Scope of work B. Fee C. Fundinq D. Timing IV. ~lternatives: Execute a professional services contract with Mattern & Craig, P.C. with a ceiling of $150,000.00 for consulting ser- vices. 1. S~cope of work has been reviewed and verified. 2. Fee for Mattern & Craig, P.C. is based on reasonable ~urly rates and includes a fee ceiling. 3. ~unding was approved in the Capital Improvement Program for Fiscal Years 1990-94 from the sale of $15.25 million in general obligation bonds. 4. Timin~ for an expeditious review of recommendations to reduce flood damage on Peters Creek would be met. Construction should begin in 1991. Do not execut~ a professional services contract with Mattern & Craig~--p.c. with a fee ceiling of $_~150,000.00. 1. S_cope of work would have to be negotiated for a future contract. 2. Fe___9_e is a moot issue. 3. ~ continues to be available from the sale of ~b. Zb million in general obligation bonds to fund the Capital Improvement Program for Fiscal Years 1990-94. 4. _Timinq for an expeditious review and construction to reduce flooding on Peters Creek would be jeopardized. Page 5 WRH/DLL/mm CC: V. Recommendation: A. Authorize the City Manager to execute a professional services contract in a form approved by the City Attorney with Mattern & Craig, P.C. with a cost not to exceed ~150,000.00. B. Appropriate $150,000.00 from the anticipated proceeds of the $15.25 million General Obligation Bond Issue and authorize the Director of Finance to establish a new account to be titled Peters Creek Flood Reduction - Professional Consultant Services. Respectfully submitted, W. Robert Herbert City Manager City Attorney Director of Finance Director of Public Works Director of Utilities & Operations Citizens' Request for Service City Engineer Construction Cost Technican Office of the City Clerk Qctober 24, 1990 File #76-236-133 Mr. ~. Robert Herbert City %ianager Roanoke, Virginia Dear %Ir. Herbert: I am attaching copy of Resolution No. 30283-102290 authorizing acceptance of certain Multi-Jurisdictional Special Drug Prosecutor Grants made to the City of Roanoke by the Commonwealth of Virginia and authorizing the acceptance, execution and filing of all appropriate documents to obtain such grants, in the total amounts of $47,073.16 and $88,313.73, respectively. Resolution No. 30283-102290 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, Qctober 22, 1990. Sincerely, ~w_~,~ Mary F. Parker, CMC/~AE City Clerk MFP: r a Enc. pc: The Honorable Donald S. Caldwell, Commonwealth's Attorney Mr. W. Robert Herbert, City Manager Mr. George C. Snead, Jr., Director of Administration and Public Safety %ir. Barry L. Key, Manager, Office of Management and Budget Ms. Marie T. Pontius, Grants %ionitoring Administrator Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981.2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd Day of October, 1990. No. 30283-102290. A RESOLUTION authorizing the acceptance Jurisdictional Roanoke by acceptance, obtain such of certain Multi- Special Drug Prosecutor Grants made to the City of the Commonwealth of Virginia and authorizing the execution, and filing of all appropriate documents to grants. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City of Roanoke hereby accepts from the Commonwealth of Virginia Multi-Jurisdictional Special Drug Prosecutor Grant No. 89-A7204 in the total amount of $47,073.16 for the period January 1, 1990, through June 30, total amount of $88,313.73 through June 30, 1991. 2. W. Robert Herbert, office is hereby authorized 1990, and Grant No. 90-A7206AD in the for the period of July 1, 1990, City Manager, or his successor in to accept, execute and file and the City Clerk is authorized to attest on behalf of the City of Roanoke any and all appropriate documents required to obtain such grants, including if necessary, the form providing for waiver of formula grant funds under the Anti-Drug Abuse Act of 1986. 3. The City Manager is further directed to furnish such additional information as may be required in connection with the City's acceptance of the aforegoing grants or with such project. ATTEST: City Clerk. Office of the City Clerk October 24, 1990 File #60-76-236-133 ~4r. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Ur. gchlanger: [ am attaching copy of Orainance No. 30282-102290 amending and reordaining certain sections of the 1990-91 Grant Fund Appropriations, providing for the appropriation of $47,073.u0 and $88,314.00, in connection with acceptance of a Multi-Jurisdictional Drug Prosecution Grant. Ordinance No. 30282-102290 ~as adopted by the Council of the City of Roanoke at a regular meeting held on ~onday, October 22, 1990. Sincerely, /~~ Wary F. Parker, C~4C/4AE City Clerk MFP: ra Enc. pc: The Honorable Donald S. Caldwell, Commonwealth,s Attorney ,Mr. W. Robert Herbert, City ~anager Ur. George C. Snead, Jr., Director of Administration Public Safety ~r. Barry L. Key, Manager, Office of Management and Budget Ms. Marie T. Pontius, Grants ~onitoring Administrator and Room 456 Municipal Building 215 Church Avenue, S.W, Roanoke, Virginia 24011 (703) 981-2541 IN T~ C'OUNCIL OF '1%~ CI~"~ OF ROANO~, VIRGINIA The 22nd Day of October, 1990. No. 30282-102290. AN ORDINANCE to amend and reordain certain sections of the 1990-91 Grant Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1990-91 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Judicial Administration Multi-Jurisdiction Drug Grant 89 - A7204 (1-6) ........ Multi-Jurisdiction Drug Grant 90 - A7206AD (7-10) ..... $303,707 47,073 88,314 Revenue Judicial Administration Multi-Jurisdiction Drug Grant 89 - A7204 Multi-Jurisdiction Drug Grant 90 - A7206AD 1) Regular Employee Salaries 2) Training and Dev. 3) Expendable Equ/ipment 4) Supplies 5) Publications and Subscriptions 6) Other Rental 7) Regular Employee Salaries 8) Training and Dev. 9) Expendable Equipment 10) Admin. Supplies 11) State Grant Receipts 12) State Grant Receipts $303,707 (11) ......... 47,073 (12) ....... 88,314 (035-026-5122-2040) 800 (035-026-5122-3075) 3,200 (035-026-5123-1002) 74,660 (035-026-5123-2044) 2,400 (035-026-5123-2035) 968 (035-026-5123-2030) 10,286 (035-035-1234-7039) 47,073 (035-035-1234-7046) 88,314 (035-026-5122-1002) $40,614 (035-026-5122-2044) 180 (035-026-5122-2035) 1,665 (035-026-5122-2030) 614 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. October 22, 1990 Honorable Mayor and City Council Roanoke, Virginia Dear Mayor and Members of Council: I concur in the attached report from Donald S. Caldwell, Commonwealth,s Attorney, regarding the acceptance of a Multi-Jurisdictional Drug Prosecution grant. WRH/ga Respectfully submitted, W. Robert Herbert City Manager Attach. GOi MoNWEALTI+ OF VIR(31Ni& CITY OF ROANOKE REGIONAL DRUG PROSECUTOR October 22,i990 Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Subject: Acceptance of Multi-Jurisdictional Drug Prosecution Grant Dear Mayor Taylor and Members of City Council: I. Background A. ~e~deral__f~u_nding was made available to the State of Virginia to be used for the development of several Multi-Jurisdictional Special Drug Prosecutors statewide. The positions were developed to coordinate prosecutorial efforts among independent jurisdictions, reduce fractional and duplicate prosecutions, enhance the recovery of criminal assets, utilize federal, state and local resources to assure maximum prosecutorial effectiveness and to provide specialized prosecutorial resources to the regional drug enforcement effort. In addition, the position is intended to incorporate, if feasible, the establishment of a Multi-Jurisdictional Grand Jury. B. The Commonwealth's Atto~ of Craig/ Count~ Franklin Count~, Roanoke Coun~ty,~the Cities of Roanoke and Salem applied on October 9, 1987,-to the Commonwealth's Attorneys' Services and Training Council, the State agency responsible for the administration of the grant money to fund a Multi- Jurisdictional Special Drug Prosecutor. C. ~_i_t~f_ Council accepted the Multi-Jurisdictional Special Drug Prosecutor Grant in April, 1988, and a full-time Special Drug Prosecutor was hired in July, 1988. Members of City Council Subject: Acceptance of Multi-Jurisdictional Drug Prosecution Grant October2~2, 1990 II. Current Situation A. ~a~ 1990 - The Commonwealth's Attorneys' Services and Training Council (CASTC} notified the above-mentioned Commonwealth's Attorneys that this region's Grant Application was renewed in the amount of $47~.073.16 for the period January i, 1990 through June 30, 1990. B. ~ul~Y~_, 1990 - The Commonwealth's Attorneys' Services and Training Council (CASTC) notified the above-mentioned Commonwealth's Attorneys that this region's Grant Application was renewed in the amount of $88,313.73 for the period July 1, 1990 through June 30, 1991. III. ~su~e~ A. Prosecutorial Effor~Dru.q~affi~. IV. Alternative__s A. Concur in the .ac~c~tance of Multi-Jurisdictional Special Drug Prosecutor Grant #8~-A7~ renewed in the amount of $47,073.16 for the period January 1, 1990 through June 30, 1990. Conc~r~i~n thee _ac~cce~ance of ~ulti- Jurisdictional Drug Prosecutor Grant #90-A7206AD renewed in the amount of $88,313.73 for the period July 1, 1990 through June 30, 1991. i. Prosec~orial ~forts a~st_D~D~_T~r~f~i_~ would be enhanced because of centralization and coordination of efforts and specialized expertise. Acceptance also allows evaluation of the usefulness of a Multi- Jurisdictional Grand Jury to aid in investigations throughout the five participatin~ jurisdictions. 2. The en~t_~re cos~t will be fully funded by the DCJS/CASTC Grant. B. Cit~.~uncil no~_~ the ~ulti-J~risdictional ~ecial Dru_q Prosecutor Grants #89-A7204 and #90-A7206AD. -- -- 1. Prosecutor~ia~l_E__fforts a~inst ~rU~afficki~ will not be approached as a regional concept. 2. ~o.s~t would remain the same but the advantage of State funding support for a worthy project would not be realized. Members of City Council Subject: Acceptance of Multi-Jurisdictional Drug Prosecution Grant October 2~ 1990 V. Recommendation A. City Council concur in Alternative "A" and allow for the acceptance of and continued participation in State Grant #89-A7204 for a Multi- Jurisdictional Special Drug Prosecutor in the amount of $47,073.16 for the period of January 1, 1990 through June 30, 1990 and in State Grant #90-A7206AD in the amount of $88,313.73 for the period of July 1, 1990 through June 30, 1991. B. Authorize the City ManaGer to sign and execute all appropriate documents of obtained State Grants #89-A7204 and #90-A7206AD. C. appropriate $47~!~.16 and $88,313.73 for the Multi-Jurisdictional Special Drug Prosecutor to accounts to be established by the Director of Finance in the Grant Fund. Donald S. Caldwell Commonwealth's Attorney DSC/kkt cc: City ManaGer City Attorney Director of Finance Director of Administration & Public Safety - 3 - Office of the City Cle~-!: October 24, 1990 File #2-70 Mr. ~. Robert ~erbert City ~anager ~oanoke, Virginia Dear Mr. ~ierbert I am attaching copy of Ordinance No. 30284-102296 authorizing exercise of an option to purchase certain real property located on Mecca Street off Route 460 East from Charles L. McGhee and Edl~a L. McGhee and from Mildred K. Peters, for the DUrpose of constructing a fire station, upon certain terms a~a conditions. Ordinance No. 30284-102290 was adopted by the Council of the ~ity of Roanoke at a regular meetin~ held on Monday, Gctober 22, 199~. S~ncerely, Mary F. Par~er, CMC/AAE City Clerk MFP:ra Enc . pc: ~r. & Mrs. Charles L. McGhee, 4127 ,Mockingbird ~ill, N. E. Roanoke, Virginia 24012 , ~s. ,Mildred K. Peters, 2745 Orange Avenue ~. E. Roanoke, Virginia 24017 , , Mr. George C. Snead, Jr., Director of Administration Public Safety Mr. Raleigh ~. Quarles, Fire Chief ~r. Kit B. Kiser, Director of Utilities and Operations ~r. ~illiam F. Clark, Director of Public %brks Mr. L. Bane Coburn, Civil Engineer Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 CITY OF ROANOKE INTERDEPARTMENTAL COMmuNICATION DATE: TO: August 21, 1990 Mark Parker, City Clerk FROM: William X. Parsons, Assistant City Attorney~j~- SUBJECT: ~ Between the City and Charles L. Enclosed for filing among the official records of the City is a fully executed origlnal of the above referenced Agreement. Thank you for your cooperation in this regard. WXP/tsb Attachment OPTION AGREEMENT THIS OPTION AGREEMENT by and between the CITY OF ROANOKE, VIRGINIA, a municipal corporation ("City"); CHARLES L. MCGHEE and EDNA L. MCGHEE, husband and wife ("McGhees"); and MILDRED K. PETERS ("Peters") is dated June 22, 1990 for identification. W I T N E S S ET H: WHEREAS, the McGhees are the owners, as joint of survivorship, in fee simple of certain property Mecca Street, N. E., located in the City of WHEREAS, Peters, who is widowed and not fee simple of certain property with frontage located in the City of Roanoke, such property having been acquired by Peters and William j. Peters, husband and wife, as tenants by the entireties, and said William j. Peters having died on July 9, 1983; and WHEREAS, the City desires to acquire certain property as more par- ticularly described herein as a site for a fire station. NOW, THEREFORE, the parties in consideration of the premises and the mutual Covenants contained herein, agree as follows: 1. ~tion Price. Upon execution of this Option Agreement, the City shall pay to McGhees the sum of $500.00 and shall pay to Peters the sum of $500.00. tenants with right with frontage on Roanoke; and remarried, is the OWner in on Mecca Street, N. E., 2. G_rant of Option by Petern. Peters hereby grants unto the City the exclusive option to purchase, Upon the terms and conditions hereinafter set forth, the property situated in the City of Roanoke, bearing Official Tax No. 7080101, more particularly described as follows: BEGINNING at corner #1 at a point located on the easterly right-of-way of Mecca Street, N. E. said point also being original corner 13 of Tract #3 subdivision of Valley Land Investment Company as recorded in the Clerk's Office of the Circuit Court in the City of Roanoke in Map Book 1 Page 315; thence leaving Mecca Street and with Tract #3 N. 64° 25' 40" E., 200.00' to corner #2 being corner #12 of Tract #3 sub- division of Valley Land Investment Company; thence continuing with Tract #3 S. 18° 39' 20" E., 92.00 point being the southeasterly corner of' to corner #3 said property of Charles L. and Edna L. McGhee (Deed Book 1615 Page 1366); thence leav' Tract #3 and with McGhee S. 67° 17' 12" W. 19~ ~A, ~ lng #3 said point located on Sterly right-of-way of Mecca the ea - , ~.v~ ~o Corner Street; thence leaving McGhee and with the easterly right-of_ way of Mecca Street N. 18° 39' 20" W., 82.00' to corner #1 the place of BEGINNING and containing 0.397 acres. Such property is hereinafter referred to as the City closing, "Peters Tract.,, Should choose to exercise this option as set forth below, at Peters shall convey the Peters Tract to McGhees. City the Grant of Option by McGhees. McGhees hereby grant unto the exclusive option to purchase the real property shown as New Tract 3B on a Plat prepared by Lumsden Associates, P.C. under date of May 16, 1990, a copy of which is attached hereto as Exhibit A and incorporated herein by reference, upon the terms and conditions described herein. Such property is hereinafter referred to as "New Tract 3B." 4. Right of Ingress and Esress. During the term of this Option or any extension thereof, McGhees and Peters grant to the City the right of ingress and egress in and to the property which is the sub- ject of this Option for the purpose of surveying, soil testing, and conducting any other such tests deemed appropriate by the City for determining the suitability of the property for acquisition and use by the City. 5. Exercise of Option. This Option shall be exercisable by the City on or before November 1, 1990, by notice in writing to McGhees - 2 - and to Peters. Such Option shall be deemed exercised if the City, on or before November 1, 1990, (i) mails notice of execution by Certified Mail, Return Receipt Requested to McGhees at 4127 Mockingbird Hill, N. E., Roanoke, Virginia 24012 and to Peters at 2745 Orange Avenue, N.E., Roanoke, Virginia 24012 or (ii) hand delivers notice of execution of the Option. If the City should choose not to exercise this Option, (1) such sums paid by the City to McGhees and Peters shall be retained as consideration for the granting of this Option to the City; (2) all rights of the City under this Agreement shall terminate; and (3) the City shall have no further obligations Under this Agreement. 6. Subdivision~ Zoning. Peters and McGhees agree to cooperate fully and to take any action requested by the City to affect a sub- division of their properties as set forth in Exhibit A and rezoning of New Tract 3B to C-1. The City shall bear any costs required in order to affect such rezoning and subdivision, including payment of any recording fees. 7. Title; Closin$ Date. In the event the City elects to exer- cise this Option, the McGhees and the City will have thirty (30) days thereafter to satisfy themselves at their expense as to title of pro- perty to be acquired by McGhees and the City, respectively, and if titles to such properties prove to be marketable, conveyance of the properties shall be closed within such time. If examination shows that title to a parcel or any part thereof is not marketable, the party to this Agreement who purports to own such property shall take any and all action necessary to Correct any-defects as promptly as possible and conveyance of the properties shall be closed within - 3 - thirty (30) days from the date the defects are corrected; provided however if the closing is not held on or before December 31, 1990, this agreement shall terminate, the City shall receive a full refund of the option fee paid to the party whose property is not marketable, and the other party may retain the option fee paid by the City. The parties acknowledge that the transfers of properties con- templated in this Option Agreement are interdependent. For whatever reason, if the City, despite its good faith efforts cannot effectuate the transfer of the Peters' property to McGhees or of New Tract 3B to the City, the City may, at its option, terminate this Option Agreement without further obligation on the part of the City, provided however, the City may pursue any legal or equitable rights it may have. 8. Purchase Price; Closing. At closing, City shall pay to Peters the sum of $34,500.00 and Peters shall convey to McGhees the Peters Tract in fee simple by Deed with General Warranty and Modern English Covenants, with good and marketable title, free and clear of all liens and encumbrances, easements and restrictions. At closing, City shall pay to McGhees the sum of $17,118.74, and McGhees shall convey to City New Tract 3B in fee simple by Deed with General Warranty and Modern English Covenants, with good and marketable title, free and clear of all liens and encumbrances, easements and restric- tions. Peters and McGhees shall execute any Other documentation deemed necessary to close these transaction, including, without limi- tation, appropriate seller's affidavits. Taxes shall be prorated at settlement. Closing shall take place at the Office of the City Attorney, 464 Municipal Building, Roanoke, Virginia 24011 or at such - 4 - other place as the parties may designate. 9. Covenants. Peters covenants that the real property to be con- veyed by Peters is free and clear of all liens, rights in others, and encumbrances except for recorded assessments petty shall shall be unoccupied. utility easements and taxes and for the current year. At the time of settlement, the pro- be delivered free and clear of any leasehold interest and McGhees covenant that the real property to be conveyed by McGhees is free and clear of all liens, rights in others, aad encumbrances except for recorded utility easements and taxes and assessments for the current year. At the time of settlement, the property shall be delivered free and clear of any leasehold interest and shall be unoc- cupied. 10. Environmental. Peters hereby warrants and represents with respect to the Peters Tract and McGhees hereby warrant and represent with respect to New Tract 3B that: (a) The parcel is not in any way contaminated with any hazardous substance; (b) The parcel is not subject to any federal, state, or local "Superfund- lien, proceedings, claim, liability or action, or the threat or likelihood thereof, for the cleanup, removal, or remediation of any such hazardous substance from the real estate or from any other real property owned or controlled by owner or in which owner has an interest, legal or equitable; and (c) There are no underground storage tanks on the parcel. 11. Expenses. It shall be the obligation of Peters to pay for the preparation of the deed, applicable real estate taxes, outstanding - 5 - liens and assessments, and the grantor's tax for the property to be conveyed by Peters. It shall be the obligation of McGhees to pay for the preparation of the deed, applicable real estate taxes, outstanding liens and assessments, and the grantor's tax for the property to be conveyed. Any grantee's taxes shall be paid by the respective gran- tees. 12. ~. The parties agree that the City shall not be obligated for any real estate brokerage fee associated with the sale of properties which are the subject of this Agreement. 13. Survivability. The terms of this Option Agreement shall sur- vive the closing and delivery of the deeds. 14. Heirs Successors Assi ns Executors and or Administrators. This Option Agreement shall be binding upon the heirs, successors, assigns, executors and/or administrators of Peters and McGhees for the full and faithful performance of this Option. WITNESS the following signatures and seals: Attest: ApPropriation and Funds Required for this Contract u ~ Of Finaa~ Date ~.__K./_2~o_ ..... Acct. # ~z-~_ ?u 5'.~- ?050 CITY OF ROANOKE 'ty Manager/Assistant City~anager Charles L. ~f6Ghee~ ~ (SEAL) ~{il'dred K. Peters (SEAL) - 6 - STATE OF VIRGINIA CITY/~Ct~J~-~Y OF ~;, The foregoing instrument was acknowledged before me this of ~.~ , 1990, by [~.A ~ of the City of Roanoke. ' ~Yr=~, ~' ' ...~ My Commission expires:_.. day Notary Public STATE OF VIRGINIA CITY/C~,~ The foregoing instrument was acknowledged before me this /0~ of ~ , 1990, by Mary F. Parker, City Clerk of the City of Roanoke. My Commission expires:_. day Notary Public STATE OF VIRGINIA CITY/COUNTY OF~ of Th~foregoing instrument was acknowledged before me this ~ day ~A~ , 1990, by Charles L. McGhee. -- My Commission expires: MyC~. ,~,~:,: ;~3 Notary Public - ? - STATE OF VIRGINIA CItY/COUNTY of The foregoing instrument was acknowledged before me ~x\~ , 1990, by Edna L. McGhee. My Commission expires: this day Notary Public STATE OF VIRGINIA CITY/COUNTY OF~:~§ of The foregoing instrument was acknowledged before me this xxt~,~ , 1990, by Mildred K. Peters, widowed. My Commission expires: day Approved as to form Assistant City Attorney Notary Public - 8 - ROANOKE, VA 240!1 Roanoke, Virginia June 11, 1990 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Fire Station - 460 East Funding I. Background: Council concurred in an October 3~ 1989 report to designate $325~000 from 1989-90 Capital Maintenance and Equipment Replacement Program (CMERP) for the Fire Station 460 East construction project. In addition, City Council allocated funds for the purchase of fire apparatus for this new station in the General Fund Equipment Replacement Contingency account. Funds are needed to continue land acquisition and construction planning activities for the project. II. Issues in order of consideration are: A. City's responsibility B. Source of funds C. Timin~ III. Alternatives: Council authorize the appropriation of $325~000 from the 1989-90 CMERP and transfer $91~922 from the General Fund Equipment Replacement Contingency account to the Capital Projects Fund to an account to be designated by the Director of Finance and entitled "Fire Station 460 East". 1. City's responsibility to continue construction planning will be promoted. 2. Source of Funds - Funds were designated by Council in the 1989-90 CMERP and General Fund Equipment Replacement Contingency account to support this project. 3. Timin~ - City must continue construction planning in order to have an operational fire station not later than October/November, 1991. B. Do not authorize this appropriation. 1. City's responsibility for construction planning will not be met. 2. Source of funds will remain available. 3. TtminK of project completion will be delayed. IV. Recommendation: Council appropriate $325~00 from 1989-90 ~MERP and transfer $91,922 from the General Fund Equipment Replacement ContinKency Account to the Capital Projects Fund to an account to be designated by the Director of Finance and entitled "Fire Station 460 East" in accordance with Alternative "A". Respectfully submitted, W. Robert Herbert City Manager WRH/hw CC: City Attorney Director of Finance Director of Administration and Public Safety Director of Public Works ~City Engineer Fire Chief Office of the City Clerk October 24, 1990 File #207 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 30286-102290 granting to Arden Associates L.P. a revocable license t petty within the Ro~n^~ .... o enter upon City pro- which property is th; ~;~e%~n~-r~ [~r Industry and TechnOlogy, I vt a ~eal Estate Option Agreement between the City and Elizabeth Arden Company. dated September 28, 1990, the location of which is more particularly shown as Parcel 4 (Official Tax No. 7210101) on a plan attached to the Real Estate Option Agreement, for the purpose of site development. Orainance No. 30286-102290 was adopted by the Council of the City of Roanoke at a regular meeting held on Monaay, October 22, 1990. Sincerely, ~~ ~ary F. Parker, CMC/AAE City Clerk MFP:ra pC: Mr. ~illiam W. Terry, III, Esquire, Wetherington & ~elchionna, 1100 Crestar Bank Building, 24002 Roanoke, Virginia Mr. ~illiam F. Clark, Oirector of Public ~orks ~r. Brian J. ~ishneff, Chief of Economic Development Mr. Charles M. Huffine, City Engineer Mr. Barry L. Key, ~anaqer, Office of Management and Budget ~s. Cauren G. Eib, Risk ~anagement Officer Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 22nd Day of October, 1990. No. 30286-102290. VIRGINIA, AN ORDINANCE granting to Arden Associates L.P. a revocable license to enter upon City property, for the purpose of site development, upon certain terms and conditions; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Arden Associates L.P. be granted a license, revocable at the option of the City, to enter upon certain property within the Roanoke Centre for Industry and Technology which property is the subject of a Real Estate Option Agreement between the City and Elizabeth Arden Company, dated September 28, 1990, the location of which is more particularly shown as Parcel 4 (Tax Map No. 7210101) on a plan attached to the Real Estate Option Agreement, for the purpose of site development. 2. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, a license agreement for the above pur- pose with Arden Associates L.P., upon such terms and conditions as are deemed appropriate by the City Manager and in accordance with the recommendations contained in the report of the City Manager, dated October 22, 1990, said agreement to be in such form as is approved by the City Attorney. Honorable Mayor and Members of City Council Roanoke, Virginia October 22, 1990 Dear Members of Council: Subject: Revocable License Agreement providing right of entry to Arden Associates L.P~ for the purpose of site development of Parcel 4 (Tax Map Number 7210101) in the RCIT. B~ackground: A. Elizabeth Arden Company, after an extensive search chose a 28.257 acre site, identified as Parcel 4 (Tax Map Number 7210101) in the Roanoke Centre for Industry and Technology (RCIT) for the location of a new office/distribution facility. B. Ordinance Number 30221-9179~ was adopted by the Council of the City of Roanoke on September 17, 1990 authorizing the execution of an Option for the sale of Parcel 4 (Tax Map Number 7210101) in the RCIT to Elizabeth Arden Company and authorizing the execution of the requisite deed conveying such property. II. Current Situation: Elizabeth Arden Company desires to assign the Option to Arden Associates L.P., who will develop and lease the property to Elizabeth Arden Company. Arden Associates L.p desires to begin work on the site, currently owned by the City. They have, therefore, requested a Revocable License Agreement providing right-of-entry to the site so that grading may begin prior to actual transfer of the land. Co Indemnificatiom by Arden Associates L.P. would be made to the City of Roanoke as a part of the Revocable License Agreement, and the City would be held harmless for any risks associated with the construction of the project on City-owned land. Arden Associates L.p. will also be required to insure the City's interest during this period. $2,000,000 general Members of Council October 22, 1990 Page 2 liability and $1,000,000 automobile insurance is required by the City's Ris~ Management Office. Arden Associated L.P. must also guarantee that no costs to the City will be incurred as a result of work done before the transfer of the land, and that the land will be graded in accordance with a plan approved by the Agent of the Planning Co~mission and the City Engineer on August 21, 1990 (Attached). This is not a grant of an interest in land, a franchise, or a special privilege. D. City of Roanok~ will retain a fully graded industrial site at no cost if either Elizabeth Arden Company of Arden Associates L.P. do not execute the Option. III. Issues: A. ~iming. B. Economic Development program. IV. Alternatives: Authorize the City Manager to execute a Revocable License Agreement, in a form acceptable to the City Attorney, allowing Arden Associates L.P. to enter City property, for the purpose of site development for construction of an office/distribution facility. Timing is critical to meet Arden Associates L.P.'s proposed construction schedule. Economic Development program of the City of Roanoke would be aided by the timely completion of the Elizabeth Arden facility. Do not authoriz~ the City Manager to execute a Revocable License Agreement for Arden Associates L.P. 1. Timin~ of construction would be jeopardized. 2. Economic Development ~rogra,,, of the City would be hurt by delays in the Elizabeth Arden project. R~EAL ESTATE OPTION AGREEMENi~_. THIS REAL ESTATE OPTION AGREEMENT (hereinafter referred to as "Option,,), made this 28.~th day of ~, 1990, by and between CITy OF ROANOKE, VIRGINIA (hereinafter referred to as "Grantor,,), and ELIZABETH ARDEN COMPANY (hereinafter referred to as "Grantee,,). 1. G~RANT OF OPTION. For and in Consideration of the sum of TWENTY-FIVE THOUSAND DOLLARs ($25,000.00), and other good and valuable consideration, the receipt and sufficiency of Which is hereby acknowledged, Grantor gives and grants to Grantee, its suc- Cessors and assigns, the exclusive and irrevocable right and option to purchase the PrOperty more particularly described in Section No. 2 of this Option, together with all easements, rights and appurtenances attached thereto, and all improvements thereon (hereinafter referred to as the "Real Estate,,). This Option shall be subject to all applicable restrictions of record, ordinances, regulations, Codes and statutes. 2. D__ESCRIPTION OF REAL ESTATg. The Real Estate is described as follows: The parcel in the City of Roanoke, Vir inia consisting of approximately 28.26 acre~, mo~e particularly described on the map attached hereto, labeled Exhibit "A" and incorporated by reference herein, together with all ease- ments, rights-of_way, Water rights, appurte- nances and imprOvements, thereto belonging. 3. TERM OF OPTION. This Option shall COmmence on the date and at the time of execution of this Option by Grantor. If not sOOner exercised, this Option Shall expire at 11:59 P.m., One hundred and twenty (120) calendar days after said execution, and thereafter shall be null and Void. 4. E~XERCIsE OF OPTION. This Option Shall be deemed validly and effectively exercised if notice of the exercise hereof is received by Grantor on or before the expiration date and time of SuCh Option. The exercise of this Option Shall result in Grantor nveying the Real Estate to Grantee, a - - · ~state from Grantor, for the amount of the Purchase Price, subject to the terms and conditions Contained in this Option. $' FAILURE TO EXERCISE.OPTion. If Grantee does not exer- cise this Option as herein provided, and Grantee has not notified Grantor in writing of the failure of any Conditions of Sale or of its determination that One or more of said COnditions Cannot be or ~a~ ~ot been satisfied, then all monies Paid ~- - re~alned by Grantor, free of all claims o~ - uy urantee Shall be party shall have any further rights o ,~ ~rantee, and neither r cAaims against the Other. 6. T~ESTI~NG. OF RE~L. ESTA~T,~. After the execution of this Option by Grantor and Grantee, and before the exercise of this Option by Grantee, Grantee may enter upon the Real Estate and per- fOrm all SUrveying, engineering, Soil borings and other tests and acts deemed necessary by Grantee to satisfy Grantee that the Real Estate is suitable for the uses and purposes intended by Grantee. Any such tests and Acts shall be at Grantee,s cost and expense, and Grantee hereby agrees to defend, indemnify and Save harmless Grantor from and against all claims, loss, damages, costs and expenses, including reasonable attOrneys, fees, because of per- Sonal injury or death of persons or destruction or damage to pro- perty resulting from, arising out of, or related to Grantee.s entry upon property pursuant to this paragraph. Should such tests and acts reveal material deficiencies Which prevent Grantee from Using the Real Estate for Grantee,s intended Uses and PUrposes, Grantee may terminate this Option with no further duties or obli- gations. If Grantee terminates this Option Under this paragraph, then Grantee Shall return the Real Estate to its COndition on the date of the execution of this Option and forfeit a pro rata share of the consideration paid for the granting of this Option, or, in the event of an extension of this Option, a pro rata share of the consideration Paid for the exteneion of this Option. Said pro rata share shall be determined on a month-to-month basis, ex- cept in the case of a fraction of a month, in Which Case, Said pro rata share shall be determined on a daily basis. All deficien- cies, material or otherwise, revealed by any engineering, Soil borings or other tests and acts, but not SUrveying, deemed necessary by Grantee to satisfy Grantee that the Real Estate is suitable for the Uses and purposes intended by Grantee performed Under this Paragraph, shall be Waived upon the exercise of this Option. 7. PURCHASE PRICE. The purchase price for the Real Estate shall be SEVEN HUNDRED SIX THOUSAND FIVE HUNDRED DOLLARS ($706,500.00). 8. P~AYMENT OF PURCHASE PRICE. The purchase price for the Real Estate shall be Payable at closing. The aforesaid considera- tion paid by Grantee for this Option, or any extension thereof, shall be applied to the purchase price payable upon closing, and Grantee shall receive credit therefor at closing. 9. TITLE. Grantor hereby represents and warrants to Grantee that the Grantor's title to the Real Estate is good, merchantable and marketable fee simple title, except for all lawfully recorded easements, conditions, restrictions, and agreements that lawfully apply to the Real Estate, Said exceptions not to include any lawfully recorded easements, conditions, restrictions or agreements Which lawfully apply to the Real Estate but Which are recorded subsequent to the date of execution of this Option and Prior to the date of Closing. Grantee shall be entitled to per- form a record search of the documents and records pertaining to the title of the Real Estate at its own expense. Such search, however, shall be completed within ninety (90) days from the date of this Option. Grantee shall notify Grantor in writing of any material title or survey objections. Should such notice be given, Grantor shall have a Period of thirty (30) days after receipt of such notice from Grantee in Which to correct any such objections to title or survey. If Grantor is unable to correct Grantee's material title and Survey objections Within thirty (30) days after receipt of written notice thereof, then Grantee thereafter shall have the right at any time, at its election, to cancel and termi- - 4 nate this Option and receive a refund of all monies paid to Grantor hereunder, unless Grantee elects in writing to Waive such title and survey objections. From'the date of this Option until the date of Closing, Grantor shall take no action Which Will Preclude Grantor from COnveying good, merchantable and marketable fee simple title. Except as has been disclosed to Grantee by Grantor in writing, there are no existing or proposed or contemplated Plans to Widen, modify or realign any right-of_way currently contiguous to the Real Estate, or any existing or proposed or contemplated eminent domain prOceedings, which affects the Real Estate in any way whatsoever, and there are no presently pending or planned public improvements which Will result in any charge being levied or aSSessed against, or will result in the creation of any lien upon, the Real Estate. The Real Estate, or any public right-of-way contiguous to it, is COnnected to, Will be connected to (with the payment of usual and customary installation or tap-on fees), or is Capable of being COnnected to, Water, sewage disposal, storm drainage, electricity, gas and telephone facilities, and the Same are, or can be, so connected, in aCCordance with all applicable laws and ordinances, rules and regulations of all public or quasi-public authorities having or claiming juris- diction thereover. - 5 10. C~LOSING. The Closing shall be held at the Office of the City Attorney of the City of Roanoke, Virginia, sixty (60) days after the exercise of this Option, Unless reasonable extensions of time are necessary. Such reasonable extensions of time shall be in writing signed by the Grantor and the Graatee. At closing, Grantor shall execute, acknowledge and deliver to Grantee a general warranty deed, With English COvenants of title conveying the Real Estate to Grantee, subject to all lawfully recorded easements, COnditions, restrictions, and agreements that lawfully a~ply to the Real Estate. Grantor also shall execute, acknowledge, a~d deliver any other apProriate instruments, documents and assurances required or requested by Grantee or a title insurance Company consistent with this Option in order to constunmate this transaction and effect the conveyance of the Real Estate to Grantee as herein provided, including, without limitation, a Vendor's affidavit in form satisfactory and acceptable to Grantee,s Counsel. Possession of the Real Estate shall be delivered to Grantee at the closing, in the same COndition as it now is, ordi- nary wear and tear only excepted. If any of the deadlines in this Option fall after the scheduled date of closing, the date of clos- ing shall be extended on a day-to-day basis to prOVide for the full term of Said deadlines. 11. TAXES. Grantee shall become liable for the pro rata share of the real estate taxes Which become due from and after the date of closing. - 6 - 12. ~MPROVEMENTS. In aCCordance with the Deed of Restrictions found at Book 1495, page 1797, in the Office of the Circuit Court Clerk for the City of Roanoke, Grantee shall Seek approval of a site plan for a warehouse and distribution center for order pro- cessing, customer service, returned goods processing, export operations and the national distribution of products, of no less than 200,000 square feet (hereinafter referred to as the "Improvements,,), prior to closing. The construction of the Improvements shall be Commenced by Grantee within one (1) year after the date of this Option, and Grantee shall complete con- struction of the Improvements and obtain a permanent certificate of occupancy within three If Grantee does (3) years after the date of this Option. not commence construction of the Improvements within one (1) have the right the Real Estate Five Hundred for off-site roads. year after the date of this Option, Grantor shall to purchase the Real Estate, and Grantee must sell to Grantor, for Six Hundred Eighty-One Thousand Dollars ($681,500.00). Grantor shall incur no cost improvements, including installation of utilities and The contemplated Improvements to the extent described in this Option are authorized by and in compliance with all existing zon- ing laws, ordinances, rules and regulations applicable to the Real Estate. 13. R~ISK OF LOSS. All risk of loss or damage to the Real Estate by fire, windstorm, casualty, or other cause is aSSumed by Grantor until the date of closing. In the event of loss or - 7 - damage to the Real Estate before closing, Grantee shall have the option of either terminating this Option by sending a Notice of Termination to Grantor and recovering a pro rata share of the price paid for this Option, or affirming this Option in writing. The pro rata share of the price paid for this Option shall be determined as of the date by which the Notice of Termination is received by Grantor. 14. ~SSIGNMENT. Either Grantee or Grantor may assign this Option, either before or after the exercise of this Option, with the written consent of the other party to this Option. Such con- sent shall not be unreasonably withheld. Grantor acknowledges that Grantee intends to assign this Option to an affiliate or other entity for the exercise of this Option and subsequent leasing of the Real Estate to Grantee. The consent of Grantor shall be given, if at all, by the governing body of Grantor or its lawful designee. For purposes of Section 9 of the Deed of Restriction for the Roanoke Centre for Industry and Technology, Grantor hereby waives its right of first refusal to the first transfer of this Option by Elizabeth Arden, as Grantee, to any affiliate or developer, as long as Grantee or one of its affiliates will be the tenant of the Real Estate subsequent to such transfer. Upon any such assignment, any reference in this Option shall be a reference to the assignee, and the assignee shall have all the rights and obligations of Grantee hereunder, and Grantee shall thereupon, automatically and without the execu- tion of further instruments or documents, be relieved and released - 8 - from all those obligations hereunder. Upon any such assignment by the Grantor, any reference in this Option shall be a reference to the assignee, and the assignee shall have all the rights and obligations of the Grantor hereunder, and Grantor shall thereupon, automatically documents, be hereunder. and without the execution of further instruments and relieved and released from all those obligations 15. SUCCESSORS. The parties that this Option shall be binding successors, assigns and trustees. agree and fully understand upon the parties, their heirs, 16. REAL ESTATE BROKER. Each of the parties represents and warrants to the other that there are no commissions due in connection with this transaction or the Real Estate, that each has not employed and is not obligated to any real estate agent or broker in connection with this transaction or the Real Estate, and that each shall indemnify the other against any and all claims and liability for any such commissions, which indemnity shall survive the closing. 17. REMEDIES. If Grantee exercises this Option but there- after fails or refuses to perform its obligations thereunder upon closing, Grantor, as its sole remedy, shall be entitled to retain all monies paid by Grantee for this Option and any extension thereof as liquidated damages. 18. ENTIRE AGREEMENT. This Option contains and consti- tutes the entire agreement of the parties regarding the subject - 9 - matter hereof, and there are no other agreements, written or oral, between the parties affecting the subject matter hereof. No amendment of this Option shall be effective unless the same is made in writing and signed by the parties hereto. 19. NOTICES. All notices, dence relating to this Option son or sent by certified mail, requests and other correspon- shall be either given in per- postage prepaid, by each party to the other ps. rrM hereto at the addresses specified b'elow, or at such other address as a party may by written notice give as the address to which such further notices, requests and correspondence shall be sent hereunder: GRANTOR: W. Robert Herbert, City Manager City of Roanoke 364 Municipal Building Roanoke, Virginia 24011 WITH COPY TO: Wilburn C. Dlbling, Jr., City Attorney 464 Municipal Building Roanoke, Virginia 24011 GRANTEE: ELIZABETH ARDEN COMPANY 55. E. 52nd Street Park Avenue Plaza New York, NY 10055 WITH COPY TO: William W. Terry, III, Esquire Wetherington & Melchionna 1100 Crestar Bank Building Roanoke, Virginia 24002 20. CONSTRUCTION. The interpretation, construction, and performance of this Option shall be governed by the laws of the Commonwealth of Virginia. All headings of sections of this Option are inserted for convenience only, and do not form part of this Option or limit, expand, or otherwise alter the meaning - 10 COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I hereby certify that the foregoing Real Estate Option Agreement was acknowledged before me by W. ROBERT HERBERT and MARY F. PARKER, City Manager and City Clerk, respectively, of the CITY OF ROANOKE, VIRGINIA, on behalf of that municipal corporation, this ~-~ day of ~/g~ , 1990. My Commission expires:. ~/ ~ Not~ry ub c OF CITY/COUNTY OF I hereby certify that Agreement was and ) ) To-wit: ) the foregoing Real Estate Option acknowledged before me by and , respectively, of ELIZABETH ARDEN COMPANY, on behalf of that corporation, this of , 1990. My Commission expires: day Notary Public - 12 - of any provisions hereof. This Option shall be executed in dupli- cate, each of which shall be deemed to be an original. This Option shall be construed without re~ard to any presumption or rule requir- ing construction against the party causing the instrument to be drafted. 21. RECORDING. This records of the Office of City of Roanoke. Option shall be recorded in the land the Clerk of the Circuit Court of the 22. AUTHORITY. Grantor and Grantee each represents and warrants to the other party as follows: that it is duly organized and validly existing under all applicable laws and regulations; that it and the persons signing on its behalf, have all requisite power and authority to enter into this Option which is legally binding upon it; and that it has all requisite power and authority to perform its obligations under this Option and incidental thereto. EXECUTED and DELIVERED by Grantor and accepted by Grantee as of this ?~eh day of ~pt~mh.r , 1990. ATTEST: City Clerk- ATTEST: GRANTOR: CITY OF ROANOKE, VIRGINIA W. Robert Herbert, City Uanage~ BF - 11- cl~ o~ ROANOKE, VA. October 22, 1990 FROM: SUBJECT: Honorable Mayor and Members of City Council Joel M. Schlanger Monthly Financial Report Attached is a copy of the financial report for the month of September, 1990. JMS/kp %rector of Fina~ GENERAL FUND CONTINGENCY BALANCE AS OF SEPTEMBER 30, 1990 General Ord. No. 30089 CMT CMT CMT CMT CMT CMT CMT Contingency: Balance July 1, 1990 Department Emergency Med. Services Management and Budget Custodial Services Custodial Services Custodial Services Director of Human Resollrces City Treasurer Management and Budget Commonwealth Attorney Purpose Billing & Collection Srvc. Consolidation Expenses Excess Custodial Contract Funds Excess Custodial Contract Funds Excess Custodial Contract Funds Rent for Health Department Filing Unit Consolidation Expenses Secretarial Position 426,895 22,500) 2,393) 5,000 5,000 944 3,100) 1,865) 533) 1,697) $ 405,751 Maintenance of Fixed Assets Contingency: Balance July 1, 1990 200,000 Equipment Replacement Contingency: Ord. No. CMT 30226 Balance July 1, 1990 Department Sheriff Building Maintenance Purpose Equipment Fire Station Alterations $ 600,000 2,000) 3r732) 594,268 Supplemental Budget - Employee Uniforms: Balance July 1, 1990 89,700 Supplemental Budget - Employee Compensation: Balance July 1, 1990 139,713 Total Contingency Balance $1~429t432 1 CITY OF ROANOKE GENERAL FUND STATEMENT OF REVENUE Re~ue Source General Property Taxes Other Local Taxes Permits, Fees, and Licenses Fines and Forfeitures Revenue Frc~ Use of Money & Property Education Grants-in-Aid Cc~monwealth 6rants-in-Aid Federal 6overnment Charges for Current Services Miscellaneous Revenue Internal Services Total Year %o Da%e f~- t~e I~riofl 1989-90 1990-91 $ 6,711,877 $ 9,122,938 35.92% $ 48,616,705 4,774,077 5,416,192 13.45% 37,905,000 114,799 134,316 17.00% 570,218 148,226 158,079 6.65% 593,000 18.77% 14.29% 23.56% 26.66% 317,357 312,711 (1.46%) 1,661,170 18.82% 6,098,684 6,108,390 0.16% 33,336,659 18.32% 2,495,048 2,569,946 3.00% 25,351,261 10.14% 7,571 16,784 121.69% 28,000 59.94% 399,048 583,934 46.33% 2,892,046 20.19% 69,846 400,426 473.30% 502,979 79.61% 301,242 337,988 12.20% 1,588,800 21.27% $21,437,775 $25,161,704 17.37% $153,045,838 16.44% 2 CITY OF ROANOKE, VIRGINIA GENERAL FUND STATEMENT OF EXPENDITURES AND ENCUMBRANCES General Government Judicial Administration Public Safety Public Works Health and Welfare Parks, Recreation & Cultural Co~anity Development Education Debt Service Non-Departmental Total Year to D~e for the ~rie4 J~l!~ 1-Se~t.30 J~l) 1-~.~ ~ 1~-91 of ~ $ 2,102,833 $ 2,209,501 5.07% $ 6,486,735 723,553 886,156 22.47% 2,506,105 6,870,145 6,854,719 (0.22%) 20,534,589 6,613,737 4,999,827 (24.40%) 14,125,241 3,130,395 2,703,587 (13.63%) 11,063,191 1,223,115 1,029,819 (15.80%) 2,956,868 544,333 463,636 (14.82%) 1,022,727 12,282,358 10,484,606 (14.64%) 55,336,725 4,310,827 4,459,387 3.45% 4,374,363 634,708 106,736 (83.18%) 3,420,232 $ 8,696,236 25.41% 3,392,261 26.12% 27,389,308 25.03% 19,125,068 26.14% 13,766,778 19.64% 3,986,687 25.83% 1,486,363 31.19% 65,821,331 15.93% 8,833,750 50.48% 3,526,968 3.03% $38,436,004 $34,197,974 (11.03%) $121,826,776 $156,024,750 21.92% CAPITAL PROJECTS FUND STATemeNT OF EXPENDITURES, ENCUMBRANCES AND UNENCUMBERED APPROPRIATIONS SUF~ARY AS OF SEPTEMBER 30, 1990 Prior Year Curr~t Yeer ~ F~tures ~eneral Government $ 1,427,922 Education 602,225 Recreation 54,194 Streets and Brid~ee 1,112,191 Sanitation Projects 4,223,475 Traffic Engineering & Conmmmication 1,151,281 Other Infrastructure Projects *Capital Improvement Reserve Total Capital Projects Fund 5,133,120 $ 6,561,042 $ 5,208,462 11,418,280 12,020,505 6,763,612 667,423 721,617 649,911 7,966,479 9,078,670 5,022,057 5,135,036 9,358,511 8,224,064 153,795 1,305,076 986,851 267,514 15,303,849 15,571,363 801,887 2,969,073 (8,745,924) (5,776,851) $11,807,875 $ 37,032.058 $ 48,839,933 $27,656,844 1,352,580 $ 69,232 $ 1,283,348 5,256,893 436,798 4,820,095 71,706 42,413 29,293 4,056,613 1,254,626 2,801,987 1,134,447 1,016,478 117,969 318,225 36,149 282,076 14,769,476 11,785,335 2,984,141 (5,776,851) (5,776,85]) 21,183,089 $14,641,031 $ 6,542.058 *Negative balance represents advanced fandin~ on authorized bond issues. 4 CITY OF ROANOKE WATER FUND COMPARATIVE INCOME STA'£~Z~ENT FOR THE 3 MONTHS ENDED SEPTEMBER 30, 1990 Operating Revenue: Commercial Sales Domestic Sales Industrial Sales Town of Vinton Roanoke County Customer Services Total Operating Revenue Less: Operating Exp. Before Depreciation Personal Services General Expenses Pumping Stations and Tanks Purification Total Operating Exp. Before Depreciation Operating Income Before Depreciation Less: Depreciation Operating Income Add: Non-Operating Income Interest on Investments Rents Miscellaneous Total Non-Operating Income Income Before Non-Operating Expenses Less: Non-Operating Expenses Interest Expenses Total Non-Operating Expenses 1990 311,873 427,575 25,024 6,541 288,540 109~440 1~168~993 228,888 260,052 83,139 46~740 618,819 550,174 175~655 374r519 38,801 1,425 2~719 42r945 417,464 1~000 1~000 1989 278,815 371,637 27,041 13,555 239,259 52~758 983~065 215,460 291,513 47,603 44~835 599~411 383,654 172~025 211~629 48,536 1,238 2~224 51~998 263,627 2~500 2~500 Net Income ~ 416t464 $ 261t127 5 WATER FUND CONTINUED Capital Outlay Not Included in Operating Expenses: Project New Services, Hydrants, Lines Unidentified Plant Replacement Fire Hydrants Water Maintenance - Painting FC Plans and Specs FY 86 Project Design Edgewood Replacement Falling Creek Plant Rehab. Ph. I Total Project Expenditures L~ss Prior Year Expenditures Total Current Year Expenditures Year to Date Ex~nditu~res $ 152,319 64,341 2,949 3,391 112,650 ]2,103 5,794 126~085 479,632 126~137 } 353~495 NOTE: Some of these projects are continued from prior years with inception to date totals. 6 CITY OF ROANOKE SEWAGE TREATMENT FUND COMPARATIVE INCOME STATEMENT FOR T~E 3 MONTHS ENDED SEPTEMBER 30, 1990 Operating Revenue: Sewage Charges - City Sewage Charges - County Sewage Charges - Vinton Sewage Charges - Salem Sewage Charges - Botetourt County Customer Services Interfund Services Total Operating Revenue Less: Operating Exp. Before Depreciation Personal Services Administrative and Operating Expenses Total Operating Exp. Before Depreciation Operating income Before Depreciation Less: Depreciation Operating Income Add: Non-Operating Income Interest on Investments Miscellaneous Total Non-Operating Income Income Before Non-Operating Expenses Less: Non-Operating Expenses Interest Expense Total Non-Operating Expenses Net Income 1990 $1,124,438 182,819 71,873 287,U88 17,692 25,558 6~455 1~715~923 348,565 838~188 1~186~753 529,170 237r313 291~857 36,843 18~874 55~717 347,574 16r700 16~700 $ 330~874 1989 $1,018,828 240,391 77,081 355,584 10,927 34,807 2~214 1~739,832 334,308 807~794 1~142~102 597,730 231~401 366~329 64,580 14~269 78~849 445,178 21,094 21~094 $ 424~084 7 SL~WAG~ TRKATMF~T FUND CONTIND~D Capital Outlay Not Included in Operating Expenses: Project Unidentified Construction FY 86 Projects Design STP Land Acquisition STP - Dechlor Facility Williamson Road Storm Drain Ph. 2, Cont. IIE Williamson Road Storm Drain Ph. 2, Cont. IF Roanoke Diesel Engine #7 Williamson Road Storm Drain Ph. 2, Cont. IG Year to Date Expenditures $ 50,509 36,097 25,721 400,502 159,522 24,741 771,610 281~924 Total Project Expenditures Less Prior Year Expenditures Total Current Year Expenditures 1,750,626 557~638 $1~192r988 NOTE: Some of these projects are continued from prior years with inception to date totals. CITY OF ROANOKE CIVIC CENTER FUND COMPARATIVE INCOi~E STATEMENT FOR THE 3 MONTHS ENDED SEPTEMBER 30, 1990 Operating Revenue: Rentals Parking Fee Event Expenses Advertising Admissions Tax Co~r~issions Total Operating Revenue Less: Operating Exp. Before Depreciation Administrative: Personal Services Utilities and Corm~unlcations Administrative Expenses Promotional Expenses: Personal Services Services and Charges Total Operating Exp. Before Depreciation Operating (Loss) Before Depreciation Less: Depreciation Operating (Loss) Add: Non-Operating Income Interest on Investments Miscellaneous Total Non-Operating Income Net Income (Loss) 1990 $ 89,503 9,233 28,969 900 22,627 21~842 173~074 149,060 59,552 182,619 8,470 1~357 401~058 227,984) 87~671 315,655) 10,088 486~102' 496~190 $ 180~535 1989 55,691 37 13,502 690 7,664 23~307 100~891 141,969 63,390 149,899 15,807 665 371~730 270,839) 85~766 356,605) 14,573 918 15~491 341,114) *Includes insurance proceeds for fire damage of $480,000. 11 CIVIC C~NTER FUND CONTINUED Capital Outlay Not Included in Operating Expenses: Project Other Equipment Trade Center Fire Alarm System Asbestos Abatement Auditorium Auditorium Fire Damage Total Project Expenditures Less Prior Year Expenditures Total Current Year Expenditures Year to Date Expenditures 22,539 50,000 29,541 63,789 30 165,899 78~063 $ 87~836 NOTE: Some of these projects are continued from prior years with inception of to date totals. 12 CITY OF ROANOKE INTERNAL SERVICE FUND COMPARATIVE INCOME STATEMENT FOR THE 3 MONTHS ENDED SEPTEMBER 30, 1990 Operating Revenue: Charges for Services Total Operating Revenue Less: Operating Exp. Before Depreciation Personal Services Operating Expenses Total Operating Exp. Before Depreciation Operating Income Before Depreciation Less: Depreciation Operating Income (Loss) Add: Non-Operating Income Interest on Investments Total Non-Operating Income Net Income 1990 $1t910,715 lt910~715 1,080,444 475~083 1~555~527 355,188 127~954 227,234 30r480 30~480 $ 257~714 1989 $1~638~646 1~638~646 994,701 490~708 1~485r409 153,237 172~016 ( 18,779) 33r446 33~446 $ 14~667 13 INTERNAL SERVICE FUND CONTINUED Capital Outlay Not Included in Operating Expenses: Project MS - Furniture and Equipment CIS - Other Equipment CIS - Automated Library Equipment MC - Other Equipment MVM - Other Equipment ULS - Vehicular Equipment ULS - Other Equipment Year to Date ~enditures $ 11,558 13,552 529,926 14,779 10,271 105,202 19~621 Total $704~909 14 CITY OF ~OANOkE~ VIRGINIA CITY TREASd~ER'S OFFICE GENERAL 5TATEMEN] OF ACCOUNTABILITY FOR THE MONTH OF SEPTEMBER 1990 THE DIRE~TO~ OF FIMANCE~ G£NE~AL 5)A[EMENT UF ACCOUNTABILITY OF THE CITY T~EASURE~ OF THE CITY OF ~OANOkE, VIRGINIA fD~ l~E FUNDS OF SAID CiTY THE MONTH ENDED SEPTEMBE~ 30, 19g0, FUND BALANCE AT RECEIPTS AUD. B1, 1990 GENERAL $8,7§I,91~.21 $14,6§9,6~4.61 ~ATER $2,007:731.08 $26,31Z.77 SEWAGE $2,075,082,28 AI~PONT $3,316,852 3~ $387,801.94 CIVIC CENTE~ $4~§,&60.02 $63,734.0§ ZNTE~NAL SERVICE $I?OB,80~.§B $617,462,44 CA~'I[AL $18,99~,D64 27 $1,164,709.§a OE6T SERVICE $632,777~58 $B,D0~.28 FIFTH DiST COm~O~TIUM ~$1~8,432 36) $I~1,71~ 43 D~ANi PROGRAMS ($420,46S.79) $1,114,99884 ~EcFA~E 15480,863,4~1 $440,211,~2 PAYROLL 154,244~D08,9~ $7,70~,922,81 RElIREMENT i$41,~17 7S] $460,000.00 DISBURSEMENTS $9,749 1~7.06 $421 511.S4 $623 39E.46 $479 071.70 $170 66~.57 s1,038 93883 $i,333 776.87 K447 780.01 $110 030.61 $34! 390.43 $447 913.70 $7,861 7~?.96 $4~1 391.41 BALANCE AT SEPT. 30, 1990 $7,66E,383.26 $1,6~8,537.31 $2,454,604.07 $3,~2~ S8~.~9 $348 78800 $1,481 3~7.14 $18,8~ 496.96 $187 497.8S ($146 747.§4) $353 136.6E ($438 96~.63) (K3,803 113.10) ($3,009.16) BALANCE AT SEPT. 30, 1989 $9,937,4~9.D4 K2,340,11~.64 $~,46~,073.11 $~,078,861.9§ $40~,343.43 $1,543,3~7.41 $17,65~,264.3~ KTE4,801.35 ($19~,049.18) ($93,97249) ($363,644.07) ($3,770,285.41) $0.00 TOTAL S86,842,~97 12 $87,779,914.40 $~8,846,7§3.&0 $31,775,4§7.87 $3~,716,293.60 CERTIFICATE I ~(EREBY CERTIFY THAT THE FOREGOING IS A T~UE STATEMENT OF MY ACCOUNTABILITY TO THE CITY OF ROANOXB, 9INUINIA, FO~ THE FUNOS OF I'HE VAriOUS ACCOUNTS THEREOF FOR THE MONTH ENOING SE~FE~BE~ 30, 1990 THAT SAID FOREGOING: CERTIFICATES CASH OF OEPOSlTS CASH IN bAND $1,07§,963.99 CnSH iN BANK $1,699,493.88 UNITEO STATES SECURITIES INVESTMENTS ACQUIREO FROM COMPETITIVE R~OPOSALE: TOTAL5 $1,075,963.99 Sl,699,493.88 COREASI SAVINGS BANK CRESTAR DOMINION OANK PERPETUAL SAVINGS BANK $9,000,000.00 $9,000,000.00 $3,500,000.00 $3,§00,000.00 $~,000,000.00 $~,000,000.00 $11,500,000.00 $11,~00,000.00 TOTALS $2,775,4§7.87 $~4,000,000.00 $§,000 000.00 $31,77§,4§7.87 OATE: DCTOBE~ 9, 1990 ~ E CITY TREASURE~ 15 CITY OF ROANOKE PENSION PLAN STATE~F~T OF REVENUE AND EXPENSES FOR THE 3 MONTHS ENDED SEPTEMBER 30, 1990 City's Contributions Investment Income Gain (Loss) on Sale of Investments Income from Bond Discount Amortization Total Revenue 1990 $ 1,172,017 306,198 12,438) 48~393 ~ 1,514~170 1989 $ 1,378,617 439,516 727,708 62~055 $ 2~607{896 EXPENSES Pension Payments Fees for Professional Services Active Service Death Benefit Expense from Bond Premium Amortization Administrative Expense Total Expenses Net Income Year to Date 1,353,168 2,803 11,644 40,209 8~351 1~416~175 97~995 1,256,104 51,855 34~024 1~341~983 1~265r913 16 CITY OF ROANOKE PENSION PLA~ BALANCE SHEET AS OF SEPTEMBER 30, 1990 ~SSETS Cash Investments: (market value - 1990 $104,278,381 1989 $106,606,113) Due From Other Funds Total Assets 1990 1989 $( 5,383)(1) $ 199 104,933.649 97,074,788 25 $104r928~291 LIABILITIES AND FUND Due to Other Funds Total Liabilities Fund Balance, July 1 Net Income Year to Date Fund Balance Total Liabilities and Fund Balance $ 406~576 (1) 406~576 $104,423,720 97~995 104~521~715 ~104~928{291 $95,809,074 1~265~913 _.97~074~987 ~97~074{987 (1) Balance reflects the consolidation of the Pension Plan accounting into the general ledger accounting system on July 1, 1990. 17 THE CITY OF ROANOKE PEN.RION PLAN GAIN ON SALE OF INVESTMENTS SEPTEMBER 30, 1990 05/01/82 Wolf, Webb o7/ol/85 Wedge o6/ol/89 Totals Cumulative $10,103,662 3,807,243 2,009z870 ~15~920,775 Year-to-Date $ 64,536 160,686 {237,660) $ { 12,438) INVESTMENT CO~H~I'A'A'EE ONLY GENERAL FUND BUDGET A~NALYSIS AS OF SEI~ER 30, 1990 Sources of Funds: Original Revenue Estimate for Fiscal Year Revenue Estimate Changes: Ord. No. Date Revenue T~pe 30089 06/11/90 30097 06/11/90 30139 07/09/90 30139 07/09/90 30189 08/13/90 30211 08/27/90 30213 08/27/90 302~ 09/24/90 Miscellaneous Permits, Fees, and Licenses Grants-in-Aid Co~unwealth Other School Revenue (Special (Education Program) Grants-in-Aid Commonwealth Grants-in-Aid Commonwealth Miscellaneous (Sale of GRTC Facility) Srants-in-Aid Cem~on~ealth $ 22,500 50,000 ( 52,800) 674,992 42,929 12,000 250,000 10,582 $152,035,635 1,010,203 $153,045,838 Reserve for Prior Year Encumbrances CMERP Total Sources of Funds Appropriations: Original Appropriation Budget for Fiscal year Ord. No. Date Department 30051 05/21/90 Subcol Board 30051 05/21/90 School Board 30089 06/11/90 Emerganc~ Medical Services 30089 06/11/90 General Fund Contingency 30097 06/11/90 Billings and Collections 30109 06/18/90 Citizens Services Co{~ittee 30109 06/18/90 Director of Human Resources 30139 07/09/90 School Board 30146 07/09/90 Various 30157 07/23/90 Transfer to Gra~t Fund Purpose Instruction $( 193,500) Transfer to Grant Fund 193,500 Billing Services 45,000 Billing Services ( 22,500) Bingo Audits 50,000 Allan. of Subsidies 36,200) Alloc. of Subsidies 36,200 Special Education 622,192 Prior Year Ency. 2,668,282 Local Match 1,056 $152,035,635 2,668,282 310t630 $156,024,750 INTERNAL ONLY - A GENERAL FUND BUDGET ~YSIS AS OF SEPTEMBER 30, 1990 (continued) Ord. No. Date Department Purpose 30157 07/23/90 Jail Local Match 30169 07/23/90 Transfer to Grant Local Match Fund 30169 07/23/90 Co~munity Planning Local Match 30181 08/13/90 Commonwealth Attorney Loca/ Match 30181 08/13/90 Transfer to Grant Fund Local Match 30183 08/13/90 School Board Local Match 30183 08/13/90 Transfer to Grant Fund Local Match 30189 08/13/90 Crisis intervanfion Block Grant Reserve 30189 08/13/90 Juvenile Probation House Block 0rant Reserve 30189 08/13/90 Juvenile Detention Home Block Grant Reserve 30189 08/13/90 Outreach Detention Block Grant Reserve 30210 08/27/90 School Board Local Match 30210 08/27/90 Transfer to Grant Fund Local Match 30210 08/27/90 School Board School Buses (CMERP) 30211 08/27/90 Commonwealth Word processinG AttorneF Equipment 30213 08/27/90 GRTC Buses 30226 08/27/90 Fixed Asset Fire Station Contingency Alteration 30226 08/27/90 Building Fire Station Maintenance Alteration 30244 09/24/90 Commonwealth Attorney Secretarial Position 30244 09/24/90 ~eneral Fund Contingency Secretarial Position 30248 09/24/90 Miscellaneous Cable TV Contract (C~) 30252 10/01/90 School Board VSRS Retirement 30252 10/01/90 School Board Local Match 30261 10/01/90 Transfer to Capital Fund UPS Project (CMERP) Budget Kxcess (Deficit) $( 1,056) 10,008 ( 10,008) 20,072) 20,072 ( 247,742) 247,742 17,711 6,387 14,923 3,908 15,000) 15,000 171,700 12,000 250,000 3,732) 3,732 12,279 1,697) 13,930 26,384) 26,384 125,000 3,989,115 $156,024,750 INTERNAL ONLY - A CI'i'Y OF ROANOI{E G~ Fi]ND S?A'I'US OF CMERP (Olqd~UDI"I'ED) SEP'i'EMBER 30, 1990 Balance from FY 1990 Appropriations: $2,374,224 Ord. No. 30210 30248 30261 Unappropriated Balance Department School Board Cable TV Contract UPS Project 1'71,700 13,930 125~000 .$2~063~594 INTERNAL ONLY - B CAPITAL PROJECTS FUND CAPITAL IMPROVEMENT RESERVE BALANCE SEPTEMBER 30, 1990 Balance July 1, 1990 $(3,593,587) Ord. No. 30167 30164 30175 30]97 30201 30231 30231 30231 30253 30261 Transfers Out Statesman Industrial Park 2nd Street/Gainsboro Road Hemlock Hills Storm Drain Roanoke River Flood Reduction Hollins Road Storm Drain Franklin Road Widening Peters Creek Extension Brandon Avenue Widening 2nd Street/Gainsboro Road Thirlane Road 310,000 1,758 104,915 617,024 427,643 70,000 10,000 10,000 33,324 598,600 Balance as of September 30, 1990 $(5,776,851) Appropriated from General Revenues Buildings Storm Drain Future Flood Reduction FY90 Revenue Adjustment Appropriations 55,757 1,775,059 817,024 926~183 3,574~023 23,785 1,172,814 817,024 748,623 2,762,246 Balance 31,972 602,245 177,560 811~777 Public Improvement Series 1988 Bonds Parks Schools Streets and Bridges Storm Drains Appropriations $ 750,000 3,525,000 1,500,000 4,225~700 10,000~700 228,000 3,525,000 1,153,068 3~780~583 8~686,651 Balance 522,000 346,932 445,117 1~314~049 INTERNAL ONLY - C CAPITAL PROJECTS FUND CAPITAL IMPROVEMENT RESERVE BALANCE SEPTEMBER 30, 1990 (continued) $15,250,000 Public Improvement ~onds Schools Storm Drains $6,800,000 Tower Project Bonds Tower Project Balance ApproDriations Transfers Balance $ $ 938,677 $( 938,677} 164~000 ( 164~000) ~102~677 (1~102~677) $13~574~723 6~800t000 6~800~000 $19t351~574 (6t800,000) (6,800~000) $(5~776t851) INTERNAL ONLY - C CAPITAL PROJECTS FUND INTEREST INCOME ANALYSIS SEPTEMBER 30, 1990 Balance July 1, 1990 $( 8,102.45) Interest Earned 387~322.68 Balance Available September 30, 1990 $ 379t220.23 INTERNAL ONLY - D Office of the City Clerk October 24, 1990 File #51 ~r. Paul C. Buford, Jr. Vice-Chairman City Planning Commission Roanoke, Virginia Dear Mr. Buford: I am attaching copy of Ordinance No. 30268-102290 rezonlng 130 parcels of land lying approximately south of 22nd Street, S. ~., north of 26th Street, approximately west of Rosalind Avenue, and east of Avenham Avenue, S. ~., from R~-i, Residential Multi-Family, Low Density District, to RS-3, Residential Single Family District; rezoning nine parcels of land lying on the south side of Rosalina Avenue, S. W., between 24th Street and 23rd Street, from R~-2, Residential Multi-Family, Medium Density District, to RS-3, Residential Single Family District; and rezoning 16 parcels of land lying on the south side of Broadway Avenue, S. ~., between Longview Avenue and McClanahan Avenue, from R~-2, Residential Multi-Family, Medium Density District, to R,~-I, Residential Multi-Family, Low Density District. Ordinance No. 30268-102290 was adopted by the Council of the City of Roanoke on first reading on ~onday, October 15, 1990, also adopted by the Council on second reading on Monday, October 22, 1990, and ~ill take effect ten days following the date of its second reading. Sincerely, Mary F. Parker City Clerk CMC/AAE MFP:ra Eric. Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 {703) 981.2541 Mr. Paul C. Buford, Jr. October 24, 1990 Page 2 BTB Ventures, 3563 Peakwood Drive S. ~. Roanoke, Virginia 24014 ' ' Mr. Stuart F. Smith and Mr. J. 14~ysor Smith, Jr. P. O. Box 13781, Roanoke, Virginia 24034 ' Ms. Ann H. Gooch, 2302 Avenham Avenue S. W. Roanoke Virginia 24014 ' ' , Mr. & Mrs. Thomas V. Fields, 2310 &venham Avenue, S. Roanoke, Virginia 24014 ' Ms. Mildred M. Feuer, 2318 Avenham Avenue S. W.Roanoke, Virginia 24014 ' Mr. Harry M. Victorine, 2322 Avenham Avenue S. ~. Roanoke Virgir~ia 24014 ' ' , Ms. Margaret p. Scott, et al, Mr. Peyton N. Shaner, 3635 Crooked Oak Lane, Winston-Salem, North Carolina 27106 Ms. Elinor B. McCorkindale and Ms. Susan Webb 801 Red Lane Salem, Virginia 24153 ' ' Mr. & Mrs. Harry K. Varner, 2301 Wycliffe Avenue, S. Roanoke, Virginia 24014 ' Mr. & Mrs. Raymond R. Miller, 2305 Wycliffe Avenue S. Roanoke, Virginia 24014 ' ' Mr. & Mrs. Barry T. Shelley, 2307 Wycliffe Avenue, S. Roanoke, Virginia 24014 ' Mr. & Mrs. Edward R. Barnes, 2311 Wycliffe Avenue S. Roanoke, Virginia 24014 ' ' Mr & ~rs. Jonathan A. Collins, 2315 Wycliffe Avenue, S. Roanoke, Virginia 24014 ' Mr. & Mrs. Thomas K. Burr, 2319 Wycliffe Avenue, S. Roanoke, Virginia 24014 ' Mr. & Mrs. John M. Sykes, 509 - 24th Street, S. ~. Roanoke, Virginia 24014 Mr. & Mrs. Robert C. Halley, 2517 South Jefferson Street Roanoke, Virginia 24014 ' Mr. & Mrs. Clayton L. Preas, 501 24th Street S. Roanoke, Virginia 24014 ' ' Mr & Mrs. James M. Turner, p. O. Box 1020, Salem, Virginia 24153 Mr. Eugene H. Cassell, Jr., 2413 Wycliffe Avenue S. Roanoke, Virginia 24014 ' ' Ms. Deborah N. Mattern, 2419 Wycliffe Avenue S. Roanoke, Virginia 24014 ' ' Mr. & Mrs. Paul L. Reid, 2429 Wycliffe Avenue, S. Roanoke, Virginia 24014 ' Mr. ~illiam K. Burton, 2206 Wycliffe 'Avenue S. W. Roanoke Virginia 24014 ' ' , Mr & Mrs. Billy E. Frazier, 2210 Wycliffe Avenue S. Roanoke, Virginia 24014 ' ' ~r. Paul C. Buford, Jr. October 24, 1990 Page 3 ~r. Harvey L. Hoti~ger, Roanoke, Virginia 24014 Ms. Joann R. Moore, Virginia 24014 Ns. Carol C. ~awson, Virginia 24014 Ms. Helen T. Johnson, Virginia 24014 III, 2214 ½~cliffe Avenue, S. W., 2218 l~'ycliffe Avenue, S. W., Roanoke, 2222 l~ycliffe Avenue, S. ~., Roanoke, 2226 t4~ycliffe Avenue, S. W., Roanoke, Watermark Properties, p. O. Box 90, Roanoke, Virginia 24002 Mr. & Mrs. Laurence M. Levy, 2232 Wycliffe Avenue, S. Roanoke, Virginia 24014 ' Mr. & Hrs. ~. Gene Watson, 2311 Rosalind Avenue $. Roanoke, Virginia 24014 ' Mr. & Mrs. ~esley P. Frye, 2209 Carolina Avenue S. Roanoke, Virginia 24014 ' ' Mr. & Mrs. Landon G. Buchanan, 358 West Campbell Avenue Roanoke, Virginia 24016 ' Hr. & Mrs. Ronald W. Dillon, 5233 Archer Drive, S. W. Roanoke, Virginia 24014 ' Ns. Margaret C. Ferguson, 2221 Carolina Avenue S. Roanoke, Virginia 24014 ' Mr. Alfred p. Moore, Jr., and Ns. ~lice J. Moore, 2223 Carolina Avenue, S. W., Roanoke, Virginia 24014 Mr. & Mrs. Wilmer H. Carper, 2227 Carolina Avenue, S. Roanoke, Virginia 24014 ' Hr. Henry G. Simpson, Jr., 2231 Carolina Avenue S. Roanoke, Virginia 24014 ' ' Mr Joseph N. Harker, Jr., and Ms. Re-ssie B. Harker, 2302 Wycliffe Avenue, S. W., Roanoke, Virginia 24014 Mr. Jerome R. Freund, 2306 ~ycliffe Avenue S. W. Roanoke, Virginia 24014 ' ' Mr. Robert M. Baldwin, 2319 Carolina Avenue, S. W. Roanoke, Virginia 24014 ' Mr. Berkeley B. Cundiff, Jr., 2128 Carolina Avenue S. Roanoke, Virginia 24014 ' ' Mr. & Mrs. Philip R. Jepson, 2327 Carolina Avenue, S. Roanoke, Virginia 24014 ' Mr. Frances F. Bylton, 2331 Carolina Avenue, S. ~. Roanoke Virginia 24014 ' ' Hr. & Mrs. Bobby L. Lindsey, 2308 Wycliffe Avenue $. Roanoke, Virginia 24014 ' ' Hr. Earl A. Mitchell, Jr., and Ms. Nadine C. Mitchell, 2312 · ycliffe Avenue, S. ~., Roanoke, Virginia 24014 Mr. John D. Baldridge, III, and Ns. Mary Catherine Ewart, 202 Darwin Road, $. ~., Roanoke, Virginia 24014 Mr. & Mrs. George P. Remaine, 2320 Wycliffe Avenue, S. Roanoke, Virginia 24014 Mr. Paul C. Buford, Jr. October 24, 1990 Page 4 Mr. and Mrs. ~illiam C. ~oodard, 2324 Wycliffe Avenue, S. ~., Roanoke, Virginia 24014 Mr. Gary H. Gilmer~ 2330 Wycliffe Avenue S. W. Roanoke, Virginia 24014 ' ' Ms. Nary H. Pyrtle and Ms. Janet P. Calary, 2301 Carolina Avenue, S. ~., Roanoke, Virginia 24014 Ms. Martha B. Brown, 2315 Carolina Avenue S. W. Roanoke Virginia 24014 ' ' ' Ms. Betty B. Parrott, 714 Wildwood Road S. ~. Roanoke Virginia 24014 ' ' ' Ms. Mary J. Meier and Ms. Hay M. Justice, p. O. Box 8066 Roanoke, Virginia 24014 Hr. Donald G. Smith, Jr., and Ms. Barbara K. Smith, 2412 · ycliffe Avenue, S. ~., Roanoke, Virginia 24014 Mr. & Mrs. Gilbert E. Butler, 2415 Wycliffe Avenue, S. W. Roanoke, Virginia 24014 ' Mr. William L. Allman and Ms. Jennie T. Allman, 1625 Godfrey Lane, Virginia Beach, Virginia 23454 Mr. & ,Hrs. J. Patrick Rudd, 2430 Wycliffe Avenue, S. W. Roanoke, Virginia 24014 ' Mr. & Mrs. Harold T. Freed, 2405 Carolina Avenue, S. Roanoke, Virginia 24014 ' Ms. E. Claire Kennett, 2409 Carolina Avenue, S. W. Roanoke Virginia 24014 ' ' Mr. & Mrs. R. Jay Irons, 2413 Carolina Avenue S. W. Roanoke, Virginia 24014 ' Mr. Bruce C. Ellett, 2417 Carolina Avenue, S. ~. Roanoke, Virginia 24014 Hr. Germaine Pritchett, 2421 Carolina Avenue, S. Roanoke, Virginia 24014 ' Mr. James T. Hopkins, III, 2425 Carolina Avenue, S. Roanoke, Virginia 24014 ' Hr. & Mrs. John ~. Landis, c/o Ms. Marcia L. Bryant, 1818 Electric Road, S. W., Roanoke, Virginia 24018 Mr. & Mrs. Billy F. ~illiams, Route 2, Box 233, Goodvie~, Virginia 24095 Mr. Clyde P. Moore, 2302 Carolina Avenue, S. ~. Roanoke Virginia 24014 ' ' Hr Frank M. Tinsley, Jr., and Ms. Deborah K. Tinsley, 2306 Carolina Avenue, $. ~., Roanoke, Virginia 24014 Ms. Odella B. Rosenberger, 2310 Carolina Avenue, S. W. Roanoke, Virginia 24014 ' Mr. & Mrs. Barry V. Woodford, 2314 Carolina Avenue, S. W. Roanoke, Virginia 24014 ' Ms. ~orma C. Gibbons, 2318 Carolina Avenue S. W. Roanoke, Virginia 24014 ' ' Mr. & Mrs. Gregor J. Haley, 2322 Carolina Avenue, S. Roanoke, Virginia 24014 ' Mr. Paui C. 8uford, Jr. October 24, 1990 Page 5 Hr. Thomas S. Trinkle, 2326 Carolina Avenue S. ~. Roanoke, Virginia 24014 ' , Mr. & Mrs. Lilburn. ~. Ward, III, 2330 Carolina Avenue S. ~., Roanoke, Virginia 24014 Ns. Robbie B. Burton, 2301 Rosalind Avenue S. W. Roanoke, Virginia 24014 ' Mro & Uts. William G. ~atson, 2311 Rosalind Avenue S. Roanoke, Virginia 24014 ' , Mr. & Mrs. Roy G. Foster, 2321 Rosalind Avenue S. Roanoke, Virginia 24014 ' , Mr. Terry E. Parsell and Ms. Dianne M. ~eigler, 713 First Street, S. ~., Roanoke, Virginia 24016 Mr. & Mrs. C. Ross Lemon, 2402 Carolina Avenue, S. Roanoke, Virginia 24014 , Ms. Dorothy F. Leonard, 2408 Carolina Avenue S. Roanoke, Virginia 24014 ' , Ms. ~yrtle T. ~ertz, c/o Mr. Bebe ~ertz, Route 6 Box 75~A, Rocky Mount, Virginia 24151 ' Ms. Margaret Booth, 2416 Carolina Avenue, So ~. Roanoke Virginia 24014 ' , Us. Judy P. Webber, 2422 Carolina Avenue, S. W. Roanoke Virginia 24014 ' Uso June B. Quarles, 325 25th Street S. W. Roanoke, Virginia 24014 ' ' Trustees, South Roanoke Baptist Church, p. O. Box 8116, Roanoke, Virginia 24014 Mr. & Mrs. Thomas W. Roberts, Jr., 2417 Rosalind Avenue S. W., Roanoke, Virginia 24014 ' Ms. Nellie E. Minahan, 2421 Rosalind Avenue $. W. Roanoke Virginia 24014 ' ' , Mr. & Mrs. William R. Holland, 2425 Rosalind Avenue S. Roanoke, Virginia 24014 ' Mr. & Mrs. Claude M. Lauck, 2429 Rosalind Avenue, So W. Roanoke, Virginia 24014 Ms. Linda C. Barnett, 315 25th Street, S. ~. Roanoke Virginia 24014 ' Ark Associates, c/o Ms. Jennie Allman, 1625 Godfrey Lane Virginia Beach, Virginia 23454 Ms. Jo Ann Hazelgrove, 2408 Rosalind Avenue $. ~. Roanoke Virginia 24014 ' Ur. & Mrs. John M. Flannagan, 2412 Rosalind Avenue, S. Roanoke, Virginia 24014 Hr. & Mrs. Michael B. ~eaver, 2416 Rosalind Avenue S. ~. Roanoke, Virginia 24014 ' Mro & Mrs. Nicholas C. Conte, 2420 Rosalind Avenue S. ~. Roanoke, Virginia 24014 ' Mr. Paul C. Buford, Jr. October 24, 1990 Page 6 pC: Mr. & Mrs. Robert M. Groth, 2424 Rosalind Avenue, S. ~. Roanoke, Virginia 24014 ' Mr. & Mrs. Stephen-A. Hoover, 2430 Rosalind Avenue, S. W. Roanoke, Virginia ' 24014 ' Mr. & Mrs. Robert A. ~ebb, 2502 Avenham Avenue, S. ~., Roanoke, Virginia 24014 Ms. Doris L. Magee, Mr. A. Carter Magee, Jr., and Mr. Richard W. Magee, 2510 Avenham Avenue, S. W. Roanoke Virginia 24014 ' ' Mr. David H. Bromm, 2514 Avenham Avenue, S. ~., Roanoke, Virginia 24014 Mr. & Mrs. Claude S. Wilkinson, 2520 Avenham Avenue, S. W., Roanoke, Virginia 24014 Ms. Julia M. ~ood and Ms. Katherine L. Wood, 2501 ~ycliffe Avenue, S. ~., Roanoke, Virginia 24014 Ms. Virginia S. Trinkle, 2509 Wycliffe Avenue, S. W., Roanoke, Virginia 24014 Mr. & Mrs. ~illiam B. Hammond, 2515 Wycliffe Avenue, S. W., Roanoke, Virginia 24014 Mr. & Mrs. Thomas C. Moore, 2521 Wycliffe Avenue, S. W., Roanoke, Virginia 24014 Mr. & Mrs. John ~. Start, 2529 Wycliffe Avenue, S. ~., Roanoke, Virginia 24014 Ms. Ruth Griggs, 2502 Wycliffe Avenue, S. W., Roanoke, Virginia 24014 Ms Mary M. ~alters, c/o Ms. Mary M. Thomas, 2510 Wycliffe Avenue, S. ~., Roanoke, Virginia 24014 Mr & Mrs. Lucian Y. Grove, 2516 ~cliffe Avenue, S. W., Roanoke, Virginia 24014 Mr & Mrs. Arthur H. Light, 2524 Wycliffe Avenue, S. W., Roanoke, Virginia 24014 Ms. Virginia ~. Hale, 2530 Wycliffe Avenue, S. W., Roanoke, Virginia 24014 Mr. Alan H. Stone, 2501 Carolina Avenue, S. ~., Roanoke, Virginia 24014 Mr. Thomas R. Cunningham and Ms. Eleanor M. Gillespie, 2507 Carolina Avenue, S. W., Roanoke, Virginia 24014 Mr. & Mrs. William A. Martin, 2511 Carolina Avenue, S. ~., Roanoke, Virginia 24014 Mr. & Mrs. Leslie L. Stennett, Sr., 2515 Carolina Avenue, S. ~., Roanoke, Virginia 24014 Busch Properties, Inc., One Busch Place, St. Louis, Missouri 63118 Mr. & Mrs. David R. Nash, 2523 Carolina Avenue, S. W., Roanoke, Virginia 24014 Mr. & Mrs. ~illiam R. O'Connor, 2902 Crystal Spring Avenue, S. W., Roanoke, Virginia 24014 ~r. Paul C. 8uford, October 24, 1990 Page 7 Jr. ~r. Robert K. France and Ms. Ruth A. Doan, 2502 Carolina Avenue, S. W., Roanoke, Virginia 24014 Mr. & Mrs. Ronald H. ~art, 2512 Carolina Avenue, S. W. Roanoke, Virginia 24014 ' Mr. & Mrs. Watson H. Ellett, 2518 Carolina Avenue, S. Roanoke, Virginia 24014 ' D & D Associates, 711Cassell Lane, S. W. Roanoke Virginia 24014 ' ' Mr. & Mrs. Melvin C. Williams, 2530 Carolina Avenue S. W. Roanoke, Virginia 24014 ' Mr. Samuel H. Francis and Mr. John W. Francis, 68 Dale Drive, Chatham, Hew Jersey 07928 Mr. & Mrs. Lewis J. Pillis, 2310 Rosalind Avenue, S. Roanoke, Virginia 24014 ' Ms. Jane B. Farnum, 2314 Rosalind Avenue S. W. Roanoke, Virginia 24014 ' ' ~s. Deborah W. Woodhall, 2318 Rosalind Avenue, S. Roanoke, Virginia 24014 ' Mr. Seldon S. Edmunds and Mr. Gene 8rumfield, 2322 Rosalind Avenue, S. W., Roanoke, Virginia 24014 Mr. William B. Robison, 3744 Peakwood Drive S. W. Roanoke Virginia 24014 ' ' Mr. Edney H. Saunders, C. W. Francis & Son, 120 Kirk Avenue S. W., Roanoke, Virginia 24011 ' ~s Helen T. Legg, 2202 Broadway Avenue, S. W. Roanoke, Virginia 24014 Mr. & Mrs. Richard Walker, 2211 Wycliffe Avenue, S. Roanoke, Virginia 24014 ' Mr. & Mrs. Arthur L. Bush, 2212 Broadway Avenue, S. Roanoke, Virginia 24014 ' Ms. Lora B. Walters and Ms. Dorothy 8. Weaver, 2218 Broadway Avenue, S. W., Roanoke, Virginia 24014 Mr. & Mrs. J. Robert Wingo, 133 271h Street, S. E. Roanoke, Virginia 24014 Ms Mary Jean D. Anderson, 2228 Broadway Avenue S. Roanoke, Virginia 24014 ' ' Ms Ollie E. Fralin, 2206 Avenham Avenue, S. W. Roanoke Virginia 24014 ' ' ~r. & ~rs. Carl 8. Sherertz and Mr. John D. Sherertz, 3033 Maywood Road, S. W., Roanoke, Virginia 24014 Mr. Stuart A. Barbour, Jr., 2928 Avenham Avenue, S. Roanoke, Virginia 24014 ' Ms. ~elen H. Shannon, 2310 Longview Avenue, S. W. Roanoke Virginia 24014 ' ' ~r. & ~rs. David S. ~iller, II, 2301Avenham Avenue S. Roanoke, Virginia 24014 ' Mr. & Mrs. James 8. Robertson, III, 2309 Avenham Avenue, S. W., Roanoke, Virginia 24014 ~r. Paul C. October 24, Page 8 Buford, Jr. 1990 pC: Hs. ~ary Sue Collins, 2311 Avenham Avenue, S. ½. Roanoke Virginia 24014 ' ' Emerald Property Management Company, Inc., c/o ~r. Rick Shawn, P. O. Box 13025, Roanoke, Virginia 24030 BTB Ventures, 3563 Peakwood Drive, S. W. Roanoke Virginia 24014 ' ' Hr. & Mrs. Stuart F. Smith, p. O. Box 13781, Roanoke Virginia 24034 ' Hr. & Mrs. Henry A. Floeting, 2139 Broadway Avenue, S. W. Roanoke, Virginia 24014 ' Mr. Christopher E. Payne, 2143 Broadway Avenue, S. Roanoke, Virginia 24014 Hr. John D. McIntosh, 2149 Broadway Avenue, S. W. Roanoke, Virginia 24014 Sotheby Square Condominiums, Chateau, Inc., 145 West Campbell Avenue, Roanoke, Virginia 24011 Hr. & Mrs. Stuart A. Barbour, 2928 Avenham Avenue, S. W., Roanoke, Virginia 24014 Hr. Donald L. Martin and Ms. Mary B. Harris, 995 LaKe Drive Plaza, Vinton, Virginia 24179 Hr. & Hrs. 0. Watts Gills, 2231-A Broadway Avenue, S. W. Roanoke, Virginia 24014 Mr. Roy C. Kinsey, III, 3515 Riverbirch Lane, S. Roanoke, Virginia 24014 Mr. & Hrs. Robert H. Teter, 2231-C Broadway Avenue, S. Roanoke, Virginia 24014 Mr. William M. Molt, 2231-D Broadway Avenue, S. W., Roanoke Virginia 24014 Ms. Elizabeth J. Pence, 2605 Avenham Avenue, S. W., Roanoke Virginia 24014 Ms. Ellen C. Fox, 2231-G Broadway Avenue, S. W., Roanoke Virginia 24014 Mr. & Mrs. John L. Harris, Jr., 2151 Broadway Avenue, S. Apt. i, Roanoke. Virginia 24014 Mr. & Mrs. Larry H. Moore, 2151 Broadway Avenue, S. ~., Apt 2, Roanoke, Virginia 24014 Ms Virginia C. White, 2151 Broadway Avenue, S. W., Apt. 3 Roanoke, Virginia 24014 Mr. & Mrs. John R. Austin, 2151 Broadway Avenue, S. W., Apt. 4, Roanoke, Virginia 24014 Hr. & Mrs. J. Richard Willis, 1000 ~ountain View Road, Vinton, Virginia 24179 Mr. Donald W. Bandy, 2151 Broadway Avenue, S. W., Apt. 6, Roanoke, Virginia 24014 Ms. Lorene M. Melton, 2151 Broadway Avenue, S. W., Apt. 7, Roanoke, Virginia 24014 Mr. Paul C. Buford, Jr. October 24, 1990 Page 9 ~s. Barbara A. Thomas and Ms. Jennifer A. Thomas, 4593 Buck Run Court, S. ~., A~t. E, Roanoke, Virginia 24014 Ms. Jessie C. Holton, 2151 Broadway Avenue~ S. ~., Apt° Roaaoke, Virginia 24014 ~r. & Mrs. A. M. Jacobson, 17 Highland Avenue, So ~., Roanoke, Virginia 24016 Mr. & Hrs. J. C. Kender, 2151 Broadway Avenue, S. ~., Apt. 11, Roanoke, Virginia 24014 Ms. Obelia D. Shaw, 2151 ~roadway Avenue, S. W., Apt. 12, Roanoke, Virginia 24014 Mso Ima G. Hodges, 2151 Broadway Avenue, S. ~., Apt. 13, Roanoke, Virginia 24014 ~r. & Mrs. John D. Ayres, 2151 Broadway Avenue, S. W., Apt. 14, Roanoke, Virginia 24014 Mr. Donald G. Smith, 415 Canterbury Lane, So W., Roanoke, Virginia 24014 Ms. Mary J. Meier, 2151 Broadway Avenue, S. W., Apt. 16~ Roanoke, Virginia 24014 Ms. Roslyn ~. Katz, 2151 Broadway Avenue, S. ~., Apt. 17, Roanoke, Virginia 24014 Ms. Fannette B. Greenstein, 2151 Broadway Avenue, S. Apt. 18, Roanoke, Virginia 24014 Lakeshore Terrace Corporation, 20 Lakeshore Terrace, Hardy, Virginia 24101 Ns. Katherine M. Austin, 2151 Broadway Avenue, S. ~., Apt. 20, Roanoke, Virginia 24014 ~r. ~. ~. McCathern, 2151 Broadway Avenue, So W., Apt. 21, Roanoke, Virginia 24014 ~r. James L. Trinkle, 120 West Kirk Avenue, Roanoke, Virginia 24011 Mr. Henry R. Garden, Jr., 2151 Broadway Avenue, S. W., Apt. 23, Roanoke, Virginia 24014 Mr. & Mrs. Coyte L. Garner, 2301 Broadway Avenue, So W., Roanoke, Virginia 24014 Ms. Natalie R. Foster, P. 0. Box 8266, Roanoke, Virginia 24014 Mr. & Mrs. Vi Ba Tran, 2327 Broadway Avenue, S. W., Roanoke, Virginia 24014 Mr. & Mrs. W. Chart Bolling, c/o Mr. W. Haywood Fralin, 2507 Stanley Avenue, S. ~., Roanoke, Virginia 24014 ~r. & Mrs. John B. Frye, 1912 Ninth Street, S. E., Roanoke, Virginia 24013 Bluestone Associates, P. 0. Box 3671, Norfolk, Virginia 23514 Mr. David H. Harpole, 3869 Peakwood Drive, S. W., Roanoke, Virginia 24014 Mr. Paul C. Buford, October 24, 1990 Page 10 Jr. Mr. & ~rs. Francis C. Oillon, Jr., 2401 Avenham Avenue, S. W., Roanoke, Virginia 24014 Ms. Annette H. Gooch, 2302 Avenham Avenue, S. ~., Roanoke, Virginia 24014 ~r. & ~rs. Thomas V. Fields, 2310 Avenham Avenue, S. ~., Roanoke, Virginia 24014 Ms. ~ildred M. Feuer, 2318 Avenham Avenue, S. ~., Roanoke, Virginia 24014 ~r. ~arry M. Victorine, 2322 Avenham Avenue, S. W., Roanoke, Virginia 24014 Ms. Sherrie M. Boone, 2202 ~ycliffe Avenue, S. W., Roanoke, Virginia 24014 ~r. ~illiam K. Burton, 2206 Wycliffe Avenue, S. W., Roanoke, Virginia 24014 ~r. & Mrs. Billy E. Frazier, 2210 Wycliffe Avenue, S. Roanoke, Virginia 24014 Mr. Harvey L. Hotingter, III, 2214 ~ycliffe Avenue, S. Roanoke, Virginia 24014 Mr. & Mrs. Norbert F. Salten, 2311-A Broadway Avenue, S. Roanoke, Virginia 24014 Mr. & ~rs. Harry F. Carper, 2311-B Broadway Avenue, S. Roanoke, Virginia 24014 ~s Josephine T. Thompson, 2311-D Broadway Avenue, S. Roanoke, Virginia 24014 Ms Mary R. ~aynick, 2311-J Broadway Avenue, S. ~., Roanoke Virginia 24014 Mr Anthony M. Dilauro, 2317-A Broadway Avenue, S. W. Roanoke, Virginia 24014 ~r & ~rs. Joseph F. Silek, Sr., ~ain Street, Front Royal Virginia 22630 ~r. & ~rs. Augustus B. Oriver, 2692 Glencroft Road, Vienna Virginia 22181 ~r. David R. Hamilton, 2317-D Broadway Avenue, $. Roanoke, Virginia 24014 ~s. Laurie A. Hartwell, 2317-E Broadway Avenue, S. W. Roanoke, Virginia 24014 Mr. & Mrs. Michael P. Norton, 2317-F Broadway Avenue, S. Roanoke, Virginia 24014 ~r. & Mrs. Hugh Trout, 2311 Broadway Avenue, S. W., Roanoke Virginia 24014 Mr. Wayne G. Strickland, Executive Director, Fifth Planning District Commission, P. 0. Box 2569, Roanoke, Virginia 24010 ~ro W. Robert Berbert, City ~anager Mr. ~ilburn C. Dibling, Jr., City Attorney Mr. Steven J. Talevi, Assistant City Attorney Mr. Von ~. Moody, III, Director of Real Estate Valuation ~r. L. Elwood Norris, Chairman, Board of Zoning Appeals ~r. Paul October Page 11 C. Buford, Jr. 24, 1990 po; Mr. ~illiam F. Cla~k, Director of Public Works ~r. Kit B. Kiser, Director of Utilities and Operations Mr. Charles ~. Huffine, City Engineer Mr. Ronald H. ~iller, Building Commissioner and Zoning Administrator ~r. John R. ~arlles, Agent/Secretary, City Planning Commission Ms. Doris Layne, Office of Real Estate Valuation IN THE COUNCIL OF THE CITY OF The 22nd Day of October, 1990. No. 30268-102290. ROANOKE, VIRGINIA, AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet Nos. 105 and 106, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City. WHEREAS, a petition has been presented to the Council City of rezoned to RS-3, of the Roanoke to have the hereinafter described property from RM-2, Residential Multifamily, Medium Density District, Residential Single-Family District; from RM-2, Residential Multifamily, family, Low Density District; family, Low Density District, District; and Medium Density District, to RM-1, Residential Multi- and from R~-i, Residential Multi- to RS-3, Residential Single-Family Roanoke interest both for (1979), as amended, at which hearing all parties in and citizens were given an opportunity to be heard, and against the proposed rezoning; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said petition at its meeting on October 8, 1990, after due and timely notice thereof as required by §36.1-693, Code of the City of WHEREAS, this Council, after considering the aforesaid peti- tion, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters pre- sented at the public hearing, is of the opinion that the herein- after described property should be rezoned as herein provided. WHEREFORE, BE IT ORDAINED by the Conncil of the City of Roanoke that §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet Nos. 105 and 106 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: Property described as those parcels of land lying on the east side of Rosalind Avenue, S.W., between 24th Street, S.W., and of 23rd Street, S.W., designated on Sheet No. 105 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Nos. 1051501, 1051502, 1051503, 1051504, 1051505, 1051506, 1051507, 1051508 and 1051519, be, and are hereby rezoned from RM-2, Residential Multifamily, Medium Density District, to RS-3, Residential Single Family District, and that Sheet No. 105 of the Sectional 1976 Zone Map be changed in this respect; and Property described as those parcels of land lying on the south side of Broadway Avenue, S.W., between Longview Avenue, S. W., and McClanahan Street, S. ~., designated on Sheet No. 105 of the Sec- tional 1976 Zone Map, City of Roanoke, as Official Tax Nos. 1050701, 1050702, 1050703, 1050704, 1050705, 1050706, 1050707, 1051101, 1051102, 1051103, 1051104, 1051105, 1051106, 1051107, 1051108, and 1051109, be and are hereby rezoned from RM-2, Residential Multifamily, Medium Density District, to RM-1, Residential Multifamily, Low Density District, and that Sheet No. 105 of the Sectional 1976 Zone Map be changed in this respect; and Property described as those parcels lying approximately south of 22nd Street, S. W., and and north of 26th Street, S. W., and approximately west of Rosalind Avenue, S. W., and east of Avenham Avenue, S.W., designated on Sheet Nos. 105 and 106 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Nos. 1050708, 1050709, 1050807, 1040814, 1051204 1051211 1051303 1051310 1051401 1051410 1052010 1052105 1052112 1052205 1052213 1052305 1060305 1060402 1060409 1050710 1050808 1050815 1051205 1051212 1051304 1051312, 1051403 1051411 1052011 1052106 1052113 1052206 1052214, 1052306, 1060306, 1060403, 1060410, 1050802, 1050809, 1050816, 1051206, 1051213, 1051305 1051313 1051404 1051412 1052015 1052107, 1052114 1052207 1052215 1052307 1060307 1060404 1060412 1050803, 1050804 1050810, 1050811, 1050817, 1051201, 1051207, 1051214, 1051306, 1051314 1051405 1051413 1052101 1052108 1052115 1052209 1052301 1060301 1060310 1060405 1060414 1051406, 1051414, 1052102, 1052109, 1052201, 1052210, , 1050805, 1050806, 1050812, 1050813, 1051202, 1051203, 1051208, 1051209, 1051210, 1051215, 1051301 1051302, 1051307, 1051308, 1051309 1051315, 1051316 1051317 1051407 1051408 1051415 1052008 1052103 1052104 1052110 1052111 1052203 1052204 1052211 1052212 1052302, 1052303 1052304 1060302, 1060303 1060304 1060311, 1060312 1060401 1060406, 1060407 1060408 part of closed 25th Street, 1060501, 1060502, 1060503, 1060505, 1060506, and 1060508, be and are hereby rezoned from RM-1, Residential Multifamily, Low Density District, to RS-3, Residential Single Family District, and that Sheet Nos. 105 and 106 of the Sectional 1976 Zone Map be changed in this respect. ATTEST: City Clerk. WILBURN C. DIBLING, JR. CITY OF ROANO OFFICE OF THE CITY ATI'OR~EY 464 MUNICIPAL BUILDING ~- , ROANOKE, VIRGINIA 24011-1595 ~'L ; October 12, 1990 WILLIAM X PARSONS MARK ALLAN WILLIAMS STEVEN J. TALEVI KATHLEEN MARIE KRONAU The Honorable Mayor and Members of City Council Roanoke, Virginia Re: South Roanoke Comprehensive Rezoning Dear Mrs. Bowles and Gentlemen: In connection with the South Roanoke comprehensive rezoning to be considered by City Council on October 15, 1990, I am enclosing my opinion addressing the issue of spot zoning as requested by City Council and three alternative ordinances which I have labeled for your convenience Nos. 1, 2 and 3. Please ignore the two ordinances included in your agenda package. For 1. your information, the content of the ordinances is as This is the Planning Commission recommendation. The six parcels in the triangle are not rezoned, Boone is rezoned and Parrott and Turner are not rezoned. follows: This ordinance, in my opinion, does not involve any spot zoning. The six parcels in the triangle are not rezoned, the Parrott and Turner parcels are rezoned and the Boone parcel remains as it is currently zoned. This ordinance does not rezone the six parcels in the triangle, the Turner parcel is rezoned and the Parrott and Boone parcels are not rezoned. I trust that this package will meet Council's needs. With kindest personal regards, I am WCDJr:fcf Sincerely yours, Wilburn'~-~ibling, Jr. City Attorney WILBURN C. DIBLING, JR, CITY OF ROANOKE OFFICE OF THE CITY ATTORNEY 464 MUNICIPAL BUILDI2~ ROANOKE, VIRGINIA 2401~1~ 595 October 15, 1990 WILLIAM X PARSONS MARK ALLAN WILLIAMS STEVEN J. TALEVI KATHLEEN MARIE KRONAU The Honorable Mayor of City Council Roanoke, Virginia and Members Re: Zoning - Illegal "Spot Zoning" Defined Dear Mrs. Bowles and Gentlemen: At the Council meeting of October 8, 1990, a question was posed by The Honorable Beverly T. Fitzpatrick, Jr., Member of City Council, pertaining to spot zoning. City Council referred this matter to the City Attorney with the request that I render my official opinion as to the definition of spot zoning and whether certain contemplated actions would constitute illegal spot zoning. I am pleased to provide my opinion as requested. For purposes of this opinion, I am assuming that the Planning Commission's recommendations will be followed for all parcels not specifically subjects of this opinion. QUESTIONS PRESENTED (1) What is the definition of illegal spot zoning? (2) Would permitting the Boone parcel to remain zoned RM-1 constitute illegal spot zoning? (3) Would permitting the Parrott parcel to remain zoned RM-1 constitute illegal spot zoning? (4) Would permitting both the Parrott parcel and the Turner parcel to remain zoned RM-1 constitute illegal spot zoning? The Honorable Mayor of City Council October 15, 1990 and Members Page 2 ANSWERS (1) An illegal "spot zoning" is an arbitrary and capricious zoning done soley to serve the private interests of one or two land-owners rather than to advance the welfare of the entire City as a part of the overall Comprehensive Plan. (2) No. (3) Yes. (4) Yes. FACTS The Planning Commission has recommended the rezoning of one hundred thirty-one (131) of one hundred thirty-three (133) par- cels of land lying approximately south of 22nd Street, S. W., and north of 26th Street, S. W., and east of Avenham Avenue, S. W., and west of Rosalind Avenue, S. W., from RM-1, Residential Multi- family, Low Density District ("RM-I"), to RS-3, Residential Single-family District ("RS-3"). Rezoning of all one hundred thirty-three (133) parcels was recommended by planning staff to conform the zoning maps for the area to the South Roanoke Neighborhood Plan, adopted by City Council in 1988 as an element of the Comprehensive Plan adopted by City Council in 1986. The Neighborhood Plan recommends that zoning in the neighborhood should better reflect existing land use and protect the existing single-family character of the neighborhood. Three of the one-hundred thirty three (133) parcels are the specific subjects of this opinion. The first parcel, Official Tax No. 1050801, is owned by Ms. Sherrie M. Boone and is located on the southeast corner of the intersection of Wycliffe Avenue and 22nd Street ("Boone parcel"). The Planning Commission recommended rezoning of this parcel from RM-1 to RS-3. The second parcel, Official Tax No. 1052101, is owned by Mrs. Betty Brooke Parrott and is located on the southeast corner of the intersec- tion of Wycliffe Avenue and 24th Street ("Parrott parcel"). The third parcel, Official Tax No. 1052008, is owned by Mr. and Mrs. James M. and Suzette S. Turner and is located on the southwest corner of the intersection of Wycliffe Avenue and 24th Street ("Turner parcel"). The Planning Commission recommended against the rezoning of the Parrott and Turner parcels from RM-1 to RS-3. The Honorable Mayor and Members of City Council October 15, 1990 Page 3 Based on information provided by the Planning Department, I understand that the Boone parcel has on it a single-family dwelling which was formerly used as a duplex and can easily be converted back to a duplex. I further understand that the Parrott parcel is a single, undeveloped lot of approximately sixty (60) feet by one-hundred fifty (150) feet in size. I am advised that the owner of the Parrott parcel has expressed an interest in building a duplex on this parcel. No building permit has been sought for this purpose. Finally, I understand that the Turner parcel has on it a single-family dwelling and that Mr. and Mrs. Turner are interested in having their property rezoned from RM-1 to RS-3. An RM-1 zoning classification permits the owner of a lot so zoned to build two-family dwellings or duplexes. An RS-3 zoning classification forbids the owner of a lot so zoned from building two-family dwellings, but permits the construction of single-family dwellings. The parcels in question are surrounded by parcels of dif- ferent zoning classifications. For your convenience, and in an effort to avoid a cumbersome narrative description of the surrounding zoning, I am enclosing a copy of a zoning map per- taining to the area in question. DISCUSSION OF LAW 1. Definition of Spot Zoning Comprehensive plans are perhaps the single most important land use control devices available to local governments to guide ultimate decision-making in land use matters. Conformance with comprehensive plans in individual zoning decisions can provide the single strongest and most defensible basis for local deci- sions by substantially removing the potential for discrimination against individual landowners. See Town Council of Vienna v. Kohler, 218 Va. 966 (1978). Illegal "spot zonings" are arbitrary and capricious zonings of a "special kind", done "solely to serve the private interests of one or more landowners" rather than "to further the welfare of the entire county or city as a part of an overall zoning plan". See Wilhelm v. Morgan, 208 Va. 398, 403-404 (1967). If the The Honorable Mayor and Members of Council October 12, 1990 Page 4 legislative purpose of a zoning ordinance is to further the welfare of the entire City as a part of an overall zoning plan, the ordinance does not constitute illegal spot zoning, even though private interests may simultaneously benefit. Board of .Supervisors of Henrico County v. Fralin ~ Waldron, Inc. 222 218 (1981). , 2. The Boone Parcel As indicated above, the Boone parcel is zoned RM-1. It is south of and contiguous to an area currently zoned RM-2, Residential Multi-family, Medium Density District ("RM-2") and is east of and contiguous to an area currently zoned RM-2, but being considered for rezoning to RM-1. Accordingly, the boundary around the area to the east of the Boone parcel which is being considered for rezoning to RM-1 can easily incorporate the Boone parcel. The drawing of boundaries around areas with particular zoning classifications is a legislative function. In general, in the exercise of its police power, the council of a municipal cor- poration has wide descretion in the enactment and amendment of its zoning ordinance. A council's actions are presumed to be valid, so long as the actions are not unreasonable or arbitrary and are "fairly debatable". Board of Supervisors of Fairfax ~ount¥ v. Carper, 200 Va. 653' (1959). The burden of proof is upon the party who attacks an ordinance, and that party must prove that the ordinance is clearly unreasonable, arbitrary or capricious, and that the ordinance bears no reasonable or substantial relation to the public health, safety, or general welfare. A court of law will not substitute its judgment for that of a city council, and, if the reasonableness of a zoning ordinance is fairly debatable, the ordinance must be sustained. Wilhelm v. Morgan, 208 Va. 398 (1967). The extension of the RM-1 boundary to include the Boone parcel would be a performance of a legislative function which would not constitute an illegal spot zoning. 3. The Parrott Parcel Consideration of the Parrott parcel requires an application of the definition of an illegal spot rezoning. In the present case, not only is the Parrott parcel vacant, but it is also indistinguishable in character from the parcels surrounding it. Specifically, the parcels surrounding the Parrott parcel are similar in size and are being used, in general, as single-family The Honorable Mayor and Members of City Council October 15, 1990 Page 5 residences. Those parcels in the area of the Parrott parcel which are being used as two-family residences are being used contrary to the intent of the comprehensive plan, and after the rezoning, will become prior existing nonconforming uses ("grandfathered" uses). Of course, one of the purposes of the comprehensive plan is to further the public health, safety and general welfare. According to the City's planning experts, per- mitting the Parrott parcel to remain zoned RM-1 is contrary to the comprehensive plan and, therefore, clearly does not bear a reasonable or substantial relation to the public health, safety, or general welfare. Accordingly, permitting the Parrott parcel to remain zoned RM-1 as a tiny island surrounded by RS-3 zoned parcels would constitute an illegal spot zoning. 4. The Parrott and Turner Parcels Together As indicated above, the Turner parcel and the Parrott parcel are zoned RM-1. The Turner parcel adjoins an area zoned RM-2, and the Parrott parcel is across Wycliffe Avenue from the Turner par- cel. The City's planning experts have advised that permitting both the Turner parcel and the Parrott parcel to remain zoned RM-1 is contrary to the comprehensive plan. Permitting these two parcels to remain zoned RM-1, therefore, does not bear a reasonable or substantial relation to the public health, safety or welfare. Accordingly, permitting the Parrott parcel and the Turner parcel to remain RM-1 would constitute illegal spot zoning. I trust this opinion is fully responsive to your request. With kindest person regards, I am WCD:bw cc: W. Robert Herbert, City Manager William F. Clark, Director of Public Works John R. Marlles, Manager Community Planning Sincerely yours, Wilburn C. Dibling, Jr. City Attorney Li CHERRYHILL STNKET SOUTH ROANOKE o o MR. MAYOR, CITY COUNCIL PUBLIc HEARING PRESENTATION.~ OCTOBER 15, 1990~ ' ' MEMBERS OF CITY COUNCIL . PROPOSED REZONINGS UNDER CONSIDERATION TODAY ARE AN OUTGROWTH OF THE CITY'S NEIGHBORHOOD PLANNING PROGRAM. AS YOU MAy RECALL, THE PREPARATION OF NEIGHBORHOOD PLANs FOR EACH OF THE CITY's 45 NEIGHBORHOODS WAS A MAJOR RECOMMENDATION OF ~OANOKE VISION, THE CITY'S COMPREHENSIVE PLAN ADOPTED BY CITY COUNCIL IN 1986. ONE OF THE MAJOR OBJECTIVES OF THE NEIGHBORHOOD PLANNING PROGRAM WAS AND STILL IS TO FINE-TINE THE CITY'S EXISTING ZONING MAp WHICH DATES BACK TO 196~ AS I MENTIONED WHEN I WAS BEFORE YOU LAST WEEK, THE MID-1960S WERE A PERIOD OF RAPID SUBURBANIZATION IN ROANOKE AND OTHER CENTRAL CITIES AT THAT TIME, THE VIABILITY OF THE CITY'S NEIGHBORHOODS FOR CONTINUED SINGLE FAMILY RESIDENTIAL HOMES WAS BEING QUESTIONED. GIVEN THE VITALITY OF MANY OF THE CITY'S NEIGHBORHOODS TODAY, IT IS H~RD TO BELIEVE THAT WAS EVER A CONCERN. IN 1988, CITY COUNCIL TOOK A MAJOR STEp IN ADDRESSING THE ADOPTED a COMPREHENSIVE A~ TO THE CITY's ZONING ORDINANCE. UNFORTUNATELY, THE CITY'S ZONING MAp STILL DATES FROM THIS EARLIER PERIOD. AS STATED IN THE SOUTH ROANOKE NEIGHBORf{OOD PLAN, THE RECOMMENDED REZONINGS ARE BASED ON T~E DESIRE OF NEIGHBORHOOD RESIDENTS TO: (1)PRESERVE AND ENHANCE THE SINGLE FAMILY CHARACTER OF THE NEIGHBORHOOD; AND (2) TO IMPLEMENT ZONING WHICH BETTER REFLECTS THE EXISTING USE OF THE LAND. THE NEIGHBORHOOD PLANNING PROCESS WAS INITIATED IN SOUTH ROANOKE IN 1988. THE NEIGHBORHOOD PLAN WAS DEVELOPED AT A SERIES OF WORKSHOPS HELD IN THE NEIGHBORHOOD WHICH WERE ADVERTISED AND OPEN TO ALL RESIDENTs. POSTERS AD IN NEWSPAPER DIRECT MAIL FLYERS NEWSPAPER COVERAGE AN IMPORTANT PART OF THE DISCUSSION WHICH TOOK PLACE AT THESE WORKSHOPS CENTERED ON THE ADEQUACY AND AVAILABILITY OF HOUSING TO MEET THE NEEDS OF ALL OF THE RESIDENTs IN SOUTH ROANOKE INCLUDING OWNERS AND RENTERS. AS I MENTIONED LAST WEEK, THE PERCENTAGE OF RENTAL UNITS IN SOUTH ROANOKE (42.8%) IS CURRENTLY HIGHER THAN THE CITY AVERAGE (38%) AND IS IN FACT HIGHER THAN THAT WHICH EXISTS IN OVER HALF OF THE CITY's OTHER NEIGHBoRH .Q~DDS. WITH COUNCIL'S APPROVAL~2'I WOULD LIKE TO DESCRIBE THE DESIGNATED AREA'S RECOMMENDED FOR REZONING AND TO SUMMARIZE THE MAJOR ISSUES AND VIEWPOINTs. FOR THE PURPOSES OF DISCUSSION, IT IS HELPFUL TO SEPARATE THE REZONINGS INTO TWO AREAS: FIRST AREA RECOMMENDED FOR REZONING CONSIST OF 22 PARCELS OF LAND LOCATED ON THE SOUTH SIDE OF BROADWAY AVENUE BETWEEN LONGVIEWAND MCCLANAHAN AVENUES. AREA IS CURRENTLY ZONED RM-2 WHICH PERMITS APARTMENTs (~)--AS INDICATED ON THE EXISTING LAND USE MAp FOR THE NEIGHBORHOODf EXISTING LAND USE IN THIS AREA IS PREDOMINANTLY SINGLE FAMILY HOMES. SOUTH ROANOKE NEIGfIBOR~OOD PLAN RECOMMENDS THAT THE AREA BE REZONED TO RM-1 WHICH WILL PERMIT THE CONVERSION OF THE EXISTING SINGLE FAMILY STRUCTUREs TO DUPLEXES. THE PLANNING COMMISSION HAS AGREED WITH THIS RECOMMENDATION WITH THE EXCEPTION OF THOSE PROPERTIES LOCATED IN THE TRIANGLE FORMED BY THE INTERSECTION OF BROADWAY, CAROLINA AVENUE AND 22ND STREET. THESE PROPERTIES WERE EXCLUDED BY THE COMMISSION BECAUSE: 1. ALL PROPERTY OWNERS WERE OPPOSED TO THE REZONING; 2. TRIANGLE IS IN A TRANSITIONAL AREA; AND 3. HIGHER DENSITY RESIDENTIAL DEVELOPMENT ON THIS TRACT WOULD NOT ADVERSELY IMPACT THE INTERIOR OF THE NEIGHBORHOOD. FINALLy, CONTRARY TO THE PLANNING COMMISSION'S RECOMMENDATION, THE NEIGHBORHOOD ORGANIZATION, NEIGHBORS IN SOUT}{ ROANOKE, SUPPORTS THE REZONING OF THE ENTIRE AREA SOUTH OF BROADWAY INCLUDING THE TRIANGr.~ FROM RM-2 TO 3 THE SECOND AREA RECOMMENDED FOR REZONING INVOLVES 131 PARCELS OF LAND BETWEEN 22ND STREET AND 26TR STREET WEST OF ROSALIND AVENUEs AND EAST OF AVENHAM AND 9 PARCELs OF LAND ON THE EAST SIDE OF ROSALIND. THESE AREAS ARE CURRENTLY ZONED RM-1 AND RM-2 RESPECTIVELY AND ARE BEING RECOMMENDED FOR REZONING TO RS-3, WHICH IF APPROVED, WILL ONLY PERMIT SINGLE FAMILY DEVELOPMENT. AGAIN, THE PREDOMINANT LAND USE IN BOTH AREAS IS SINGLE FAMILY RESIDENTIAL DWELLINGS. BOTH OF THESE AREAS WERE RECOMMENDED FOR SINGLE FAMILY RESIDENTIAL DEVELOPMENT IN THE SOUTH ROANOKE NEIGHBORHOOD PLAN. THE PLANNING COMMISSION AGREED WIT}{ THIS RECOMMENDATION WITH THE EXCEPTION OF THE PARCELS OWNED BY MR. TURNER AND MR. PARROTT LOCATED AT THE INTERSECTION OF 24TH AND WYCLIFFE AVENUE. MR. PARROTT's PROPERTY WAS EXCLUDED BY THE PLANNING COMMISSION BECAUSE MR. PARROTT MADE AN APPEAL AT THE COMMISSION'S PUBLIC HEARING THAT THE PROPOSED REZONING OF HIS WIFE'S PROPERTY WOULD CREATE SEVERE ECONOMIC AMD PERSONAL PROBLEMS. MR. TURNER'S PROPERTY WAS EXCLUDED BECAUSE IT WAS THE OPINION OF THE PLANNING COMMISSION THAT JUST EXCLUDING MR. PARROTT's PROPERTY WOULD CONSTITUTE "SPOT ZONING" WHICH IS ILLEGAL IN THE STATE OF VIRGINIA. 4 I BELIEVE MR. DIBLING HAS PREPARED AN OPINION WHICH ' ADDRESSES THE ISSUE OF SPOT ZONING. FINALLY, AN ADDITIONAL PROPERTY OWNER, MRS. SHERRIE BOONE, WHOSE PROPERTY IS LOCATED AT THE INTERSECTION OF S~~OF WYCLIFFE AVENUE AND 22ND STREET (DIRECTLY SOUTH OF THE TRIANGLE) HAS REQUESTED THAT HER PROPERTY BE EXCLUDED FROM THE PROPOSED REZONING. MRS. BOONE INDICATED IN HER LETTER TO CITY COUNCIL AND IN HER TESTIMONY LAST WEEK THAT HER PROPERTY HAD BEEN DESIGNED AS A DUPLEX AND WAS USED AS A DUPLEX UNTIL 1986. SHE ALSO STATED THAT IT IS HER INTENT TO CONVERT THE STRUCTURE BACK TO A DUPLEX IN THE FUTURE. THE NEIGHBORHOOD ORGANIZATION SUPPORTS THE REZONING OF AL___~L PROPERTIES IN AREA 2 TO RS-3 INCLUDING THE TURNER, PARROTT AND BOONE PROPERTIES. A PETITION SIGNED BY 38 RESIDENTs IN THE AFFECTED AREA SUPPORTIVE OF THE REZONING WAS ALSO SUBMITTED BY THE PRESIDENT OF THE NEIGHBORHOOD ORGANIZATION. o ONE ADDITIONAL PETITION SIGNED BY 35 RESIDENTs OF THE 2300 AND 2400 BLOCK OF WYCLIFFE AVENUE AND THE 500 BLOCK OF 24TH STREET OPPOSING THE EXCLUSION OF THE TURNER AND PARROTT PROPERTIES WAS ALSO PRESENTED TO CITY COUNCIL AT LAST WEEK'S PUBLIC HEARING. IMPACT OF THE PROPOSED REZONINGS ON THE ELEMENTARY SCHOOL POPULATION IN THIS AREA. - OUR RESEARCH ~ INDICATES THAT THE AVERAGE 5 NUMBER OF SCHOOL CHILDREN IN A RESIDENTIAL STRUCTURE VARIES BASED ON THE SIZE OF THE DWELLING (NUMBER OF BEDROOMs) AND THE TYPE OF DWELLING (SINGLE FAMILY HOME, TOWNHOUSE, APARTMENT, ETC.) GENERALLY SPEAKING, THE LARGER THE STRUCTURE OR THE MORE BEDROOMS THE GREATER THE AVERAGE ~ER OF SCHOOL CHILDREN PER UNIT. IN ADDITION, THE AVERAGE NUMBRE OF SCHOOL AGE CHILDREN IS GREATER IN LOWER DENSITY UNITS, SUCH AS SINGLE FAMILY STRUCTURES THAN IN HIGHER DENSITY UNITS SUCH AS DUPLEXES, APARTMENTS OR CONDOMINIUMs. AREA ONE (22 PARCELS SOUTH OF BROADWAY) EXISTING (IF FULLY DEVELOPED) 87 MFU'S X .358 = 31 CHILDREN TO ANSWER MR. WHITE'S QUESTION, OUR RESEARCH INDICATES THAT WHEN TAKEN TOGETHER, THE IMPACT OF THE TWo REZONINGS ON SCHOOL AGE CHILDREN ~ (.'~'~'MORE, CHILDREN). PROPOSED (IF FULLY DEVELOPED) 87 DUPLEX UNITS X .838 = 73 CHILDREN *DIFFERENCE = ~42 CHILDREN AREA TWO (REST OF NEIGHBORHOOD) EXISTING (IF FULLY DEVELOPED FOR DUPLEX OR MULTIFAMILY) 1. RM-1 TO RS-3 88 UNITS WHICH COULD BE DEVELOPED 24 UNITS OF SINGLE FAMILY 19 EXISTING DUPLEXES TOTAL 133 · 838 = 74 CHILDREN X 1.130 = 27 CHILDREN X .838 = 16 CHILDREN 117 CHILDREN TOTAL TOTAL 2. RM-2 TO RS-3 2 POTENTIAL MULTIFAMILY LOTS 4 UN/TS OF SINGLE FAMILY 2 EXISTING DUPLEXES 1 EXISTING MULTIFAMILy 8 *SUBTOTAL 3. PROPOSED (ALL RS-3) 21 DUPLEXEs (GRANDFAT~ERED) 119 UNITS OF SINGLE FAMILY *TOTAL *DIFFERENCE X .358 = 1 CHILD X 1.130 = 5 CHILDREN X .838 = 2 CHILDREN X .358 = 0 CHILDREN 8 CHILDREN =+125 CHILDREN · 838 = 18 CHILDREN 1.130 =135 CHILDREN 153 CHILDREN =+153 CHILDREN = +28 CHILDREN 7 Office of the City Clerk October 15, 1990 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: As you know, Council continued the public hearing on the rezoning of a number of parcels of land in the South Roanoke area until the next regular meeting of Council on Monday, October 15. Inasmuch as three members of Council were absent, I thought it would be helpful to pro- vide you with a transcript of the October 8 proceedings. With kindest personal regards, I am MFP: ra Sincerely yours, Mary F. Porker, CMC/AAE City Clerk Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 A Transcript of the proceedings of Council with regard to rezoning 131 parcels of land lying approximately south of 22nd Street, S. ~., north of 26th Street, approximately west of Rosalind Avenue, and east of Avenham Avenue, S. W., from RM-1, Residential Multi-Family, Low Density District, to RS-3, Residential Single Family District; to rezone nine parcels of land lying on the south side of Rosalind Avenue, S. ~o, between 24th Street and 23rd Street, from RM-2, Residential Single Family District; and to rezone 22 parcels of land lying on the south side of Broadway Avenue, S. W., between Longvie~ Avenue and McClanahan Avenue, from RM-2, Residential Multi-Family, Medium Density District, to R~-i, Residential Multi-Family, Low Density District. October 8, 1990 7:30 p.m. Vice-Mayor Musser: Item No. C is a public hearing on Planning Commission to rezone 131 parcels of land south of 22nd Street, S. ~., north of 26th Street, of Rosalind Avenue, and east of Avenham Avenue, Residential ~ulti-Family, Low Density District, Single Family District; to rezone nine parcels south side of Rosalind Avenue, Street, from RM-2, Residential 22 parcels of land lying on the the request of the City lying approximately approximately west S. W., from RM-1, to RS-3, Residential of land lying on the S. ~., between 24th Street and 23rd Single Family District; and to rezone south side of Broadway Avenue, S. W., between Longview Avenue and McClanahan Avenue, from RM-2, Residential Multi-Family, Medium Density District, to RM-1, Residential Multi-Family, Low Density District. Mr. Michael M. ~aldvogel, Chairman of the City Planning Commission and I would also like to point out that Mr. Bradshaw is also here to answer any questions that you may have on this. Mr. Fitzpatrick: Move the Ordinance. Vice-M~a2or Musser: Is there a second? (i) Mr. ~hi te: Second. Vice-Mayor Musser: Seconded by Parker. ~r. ~hite. Please read the title paragraph Ms. Ms. Parker: An Ordinance to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet Nos. 105 and 106, Sectional 1976 Zone ~ap, City of Roanoke, to rezone certain property within the City. Vice-Mayor ~usser: ~e have six people who would like to speak on this. I will take them in the order that they were given to me. First, is ~s. Joan L. Hazelgrove, 2408 Rosalind Avenue, S. ~. Mrs. Hazelgrove: I will defer until later. Vice-Mayor ~usser: Okay, thank you. The second · oodard, 2128 Broadway Avenue, microphone and give your name into the record please? person to speak is Mr. Joseph G. S. W. ~ould you come to the and address just so that it will get Mr. Joseph G. ~oodard: My name is Joseph G. S. ~., and also represent my 2125 Carolina Avenue which ~oodard. I brother and myself is in the same live at 2128 Broadway Avenue, in the property of triangle block. Vice-~ayor ~usser: Proceed. ~r. ~oodard: Thank you, can answer that, sir. I guess my question is, and maybe ~r. Bradshaw Is the triangle left out of this particular proposal this evening, sir? Mr. Bradshaw: The Planning Commission recommended that that parcel be removed as requested at the Planning Commission and is not in the Ordinance as I understand it in accordance with the discussions that were held at the Planning Commission meeting where you represented yourself and your brother and other property owners. ~r. ~oodard: Thank you very much. Mr. Harvey: Excuse me, could I ask a question? being out of the rezoning? Are you for or against that ~r. ~oodard: I would like to and we issued a letter or sent a letter to the Planning Commission that we simply did not want to be rezoned. ~ are not opposed to the rezoning of the neighborhood area in general, but we are kind of trapped in that triangle area because of the high den- sity of commercial activity there and we thought that that was possibly improper to rezone that and keep that property locked in there when there was commercial encroachment all around as well as in the same block. (3) ~r. Harvey: Thank you. Mr. ~oodard: Thank you, sir. Vice-Mayor ~usser: Thank you Mr. ~oodard. The third person to speak is Mr. R. Holland, 2425 Rosalind Avenue, S. ~. William Mr. Bradshaw: Mr. Vice-Mayor. Vice-Mayor Musser: Yes sir. Mr. Bradshaw: May I make a front of you does recommendation Dibling. correction? I understand that the Ordinance in have that in, but it is the Planning Commission's that that be deleted from it. ls that right, Mr. Mr. Dibling: Mr. Bradshaw and Members of Council, understanding that the Ordinance wasn't going to be considered tonight, I didn't correct the statement that you (Mr. Bradshaw) made a minute ago. It is true that all the properties, including the triangle, are included in the Ordinance. Perhaps at the end of the public hearing we will have some indication whether we should bring back one Ordinance next week with all the properties or two separate Ordinances, one with all the pro- perties and one with certain deletions, so I think that answers your question. (4) Mr. Bradshaw: Well, I think I made a mistake Ordinance and having not read it, in saying that it was not in the think that I needed to correct that, Out it is the Planning Commission's recommendation that this parcel be removed known as the triangle and lengthy discussion at the Planning Commission and there was another parcel of these two pieces of property that were recommended to be removed as a part of the other parcels. Fitzpatrick: What other two pieces were they? Mr. Bradshaw: The piece or parcel that is over on Wycliffe which is owned by the Parrotts and then the Turners are right adjacent to it and not to be included as part of the action of the Planning Commission. Vice-Mayor Musser: I understand what you're saying. So that we can get the comments up here, won't you hold your comments if you're not one of them to speak and when we get to t~e end of this I'll let you come up and speak. I'd rather get, and this is not to be nasty, its so we can get everything on the record and it goes into the recorder for her, okay, not holding you down, I'll let you speak, but if you'd jus~ keep your questions there and we will question him at that time. Mr. ~illiam R. Holland: I will defer to another speaker. Vice-Mayor Musser: Mrs. Barbara Duerk, 2607 Rosalind Avenue, S. ~. Mrs. Duerk: Good evening Vice-Mayor and Members of City Council, Mr. Herbert, Members of City staff, thank you for letting me address you all tonight. This is in regard to zoning of South Roanoke neighborhood. I have with me what I'm going to say, which I probably will say next week too if we need to hold this over, plus a petition with 54 signa- tures of people that live in the area who are in support of this plan. · e have only asked people that live in this area to do this, and thats what shows on our petition except from one person who was Chip ~oodrum who was there aha supported it and wanted to put his name on the peti- tion. Many of the people that live in this neighborhood are signing their own petition which you will hear and their names are not included so there have for you, and I would like for you to of the Neighborhood Plan. This is not a typical rezoning. over two years. I am Barbara Duerk and Chair of Neighbors in South Roanoke. about at a later time tonight, is no duplication. I also follow me with this a copy This property is not directly affected by bors in South Roanoke should be concerned This has been in the process for I am speaking here tonight as I do live at 2697 Rosalind. the rezoning, but all neigh- about the desecration of the residential integrity in the area proposed for rezoning. Turn to Page 2 please, I'm going to read it so the people in the audience can hear what is taking place. This is about the Vision Process. In 1986, the City adopted a Comprehensive Development Plan entitled "Roanoke Vision" which guides the City's future growth and development to the year 2005. The City plan establishes certain planning and development actions to be undertaken by 1990 to achieve the goals, values and directions set forth in the Plan. One of the key actions necessary to implement the Plan is the development of the detailed neighborhood plans. Each Plan provides specific information on neighborhood issues and opportunities that can be used as a guide for making decisions on development and capital projects in the neighborhood. Qn down it says, "Planning for the City's future is a continuing process and each Neighborhood Plan is a way of continuing and implementing the vision for Roanoke's future as a City of neighborhoods." The planning process that took place in our neighborhood was over a three month period in the winter of 1988. At that time, several neighborhood concerns were identified and addressed. On Page 7, I have it marked for you. ©n Page 7, you'll see that the number one issue was housing. Under neighborhood comments, residents indicated that single family houses are needed in the neighborhood, and that the existing homes should be preserved as single family structures as opposed to conversion for a duplex to encourage home ownership for new families. Housing for elderly residents also is neeaed to provide for those wishing to remain or retire in South Roanoke and apartments and condominiums were identified as important in filling that need. It also says that the design of new residential construction was impor- tant because we need to maintain the single family residential character of the neighborhood, and new construction should be com- patible with the existing residences and complement the neighborhood character. To protect the existing single family character, zoning changes from Multi-Family Residential to Single-Family are recommended for a portion of the neighborhood between 22nd Street and 26th Street. Other zoning changes to reduce the degree of multi-family development are recommended on ago, two years ago. long. the south side of Broadway. This was two years We have been working on this zoning plan for that (7) Compromises owner occupied Single-Family condominiums have been made. Many families and homes that are have asked why their homes cannot be included in the zoning, but because we know that there is a need for and apartments, some areas have been excluded. I'm going to address specifically the issue of the triangle right now. Are you clear on what is happening? ~ell, if you are clear, I won't clarify it. That the change from RM-1 to RM-2 which is where they are now, because of the size of the lots as they are now, they can have up to three units on their lots. If their lots are com- bined~ which means that the houses are torn down, then they can get more units on them. My concern with the triangle and the petition that went before the Planning Commission is t~at the people who signed the petition, I think there is only two people that signed it that are owner occupied, the rest of the dwellings there are owned by develo- pers, or owned by other people, they are not owner occupied. Feldmann and I believe Mr. ~oodard, are you all the only two that are owner occupied, the rest of the people are already investment property for this exemption that they've asked for. There is a saying that how the corner goes, so goes the rest of the block. Single family houses on corner lots have been bought for investment purposes in the area that is being discussed this evening. We feel like they should remain single-family houses. In our neigh- borhood, we do not have a national historic designation to protect the integrity of our neighborhood. Our only hope is that we can express the concerns as documented in the South Roanoke Neighborhood Plan and rely on you, City Council, to support the vision. Community develop- ment, not personal development for economic gain should be our high priority. You have received the petition signed. I ask you to take (8) that into regard, to remember that this is a neighborhood requesting this zoning plan, and that you will adopt it. Thank you. Vice-Mayor Musser: Ms. Duerk, let me ask you a quick question. I understand what's happened with the triangle, but I don't understand your position on that triangle. Are you for excluding it or including it? Mrs. Duer~: The neighborhood group would prefer, and we are a little wishy washy on this and that is not a good thing to tell you up here, would prefer that it be RM-1, right now it is RM-2 and the Planning Commission recommended that it stay RM-2. Our concern, they are asking for RM-2 because of economic considerations, and we feel that consideration should be more community in thought, and the other con- cern was that of all those people that signed the petition, even though they listed Broadway and Carolina as their addresses, many of them live up higher on the hill and so that was a concern. Vice-Mayor Musser: ~ell, I was just curious because I wasn't sure. I listened to what you were saying and trying to listen very carefully and I didn't get a distinction to which direction you were going to go on, ~hich direction you .......... Mrs. Duerk: Right now, we would like to have sented in your package tonight. you support the plan as pre- Vice-Mayor ~usser: Okay, thank you. (9) Mr. Harvey: Mrs. Duerk, explain to me please, I refer you back to Page 7, you do point out a need for elderly residents who want to live in South Roanoke, you do point out a need for apartments and condominiums. Are you saying that you're not opposed to apartments and condominiums? Mrs. Duerk: No, we're not, in fact a lot of property that was in our original Plan was compromised because we realized that there needed to be pla- ces for this. I'm referring to others that are not in the Plan now that were excluded. Mr. Harvey: ~ould you shaded area? be opposed to apartments and condominiums in that Mrs. Duerk: That depends on what they look like; if their architectural integrity, they said no, (persons in audience) but right now we have no control over what goes up there. Mr. Harvey: ·ell, that's what I'm trying to get to say in one statement that you ............. the bottom of. I mean you Mrs. Duerk: That's the reason we have excluded hate to exclude any more from our plan. so much other property, we ~r. H~£vey: In other words, you don~t want apartments and condominiums in the (10) area that you're asking to be rezoned. family ......... You want that strictly single Mrs. Duerk: No, sir. They're not single We would like for them to be duplex. family right now, they're duplex. ~r. Harvey: But if it was rezoned it would be single-family. Mrs. Duerk: Duplex. I'm sorry what did you say? Fitzpatrick: You want them from what they are to single family. ~rs. Duerk: They're RM-2 right now, and they will become RM-1, which is duplex. (Discussion from the audience) Are you referring to the triangle Mr. Harvey? ~r. Harvey: No, No, I'm excluding the triangle, I'm talking about portion there. It is my understanding now ....... the major ~lrs. Duerk: I'm sorry that was my mistake. ~r. Harvey Well, duplexes right? let me ask you this in a different way. You don't want n this area that you're asking to be rezoned, is that not (11) Mrs. Duerk: The major portion we are asking to be from RM-1, which is duplex, and want nine lots that are RM-2, to be rezoned to single family. Mr. Harvey: So, in other words, what you're saying is, although you realize the need for apartments for the elderly in South Roanoke, you don't want them in that particular area that you're asking to be rezoned. Mrs. Duerk: That's right. (Discussion from the audience) Sir, would you like to know where ~e have relented and opened up, would you be interested in that? Mr. Harvey: No, I understand, I see the area you've got marked off there. Mrs. Duerk: And there are many nonconforming properties would be grandfathered in. in that area and they Mr. Harvey: That are already duplexes? Mrs. Duerk: Yes sir. Mr. Harvey: So what you're saying--what you're really after is that you don't want to take aay of the older two story homes in that area and have it be so that they can be converted into a duplex, is that right? (12) Mrs. Duerk: That's correct. Harvey: And you don't want a duplex built on a lot Mrs. Duerk: That's correct. in this area. Mr. Harvey: It just confuses me a little bit that you do recognize the need for elderly residents to have some type of housing in there. Mrs. Duerk: That's right and we are concentrating that around our commercial neighborhood, realizing that many of them like to get out and walk and need access to the drug store and the bank and the grocery store. Mr. Harvey: Thank you. Vice-Mayor Musser: ~r. ~hite. this my question about the comment on Page 7, questions. First of all, what impact in rezoning, if passed, have on other neighborhoods ~hite: Mr. Harvey asked part of but I have a couple of other your view will in the City. ~rs. Duerk: Sir, I hope that there is a community pride, (13) believe not only in economic development, but I believe in community development and I feel like, I don't know how this zoning got in the first place, but its truly destroyed a lot of the single family atmosphere that we've had. ~e'¥e been always very proud of our neighborhood, of our tree lined streets, and not that some of the development has not been appropriate, architecturally, but then you get renters, and renters are not as careful about their property. I'm hoping this sets a pre- cedent so people will care about where they live and improve the con- ditions around them. Mro ~hite: So, I guess I was trying to see if you were going to say we have suitable duplexes available in other sections of the City to meet .... Mrs. Duerk: Sir, we City, and we have suitable duplexes available in our section of the appreciate those people that stay in our neighborhood. You will see that there are a lot of apartments in this neighborhood and a lot of the people that live up in the big houses up on the hill, when they sell their houses they move down because they want to stay in the neighborhood. Mr. ~hite: I'm not too familiar with that, but ............ Mrs. Duerk: And, sir, there is a lot of young people who move back into the City who move back into our neighborhood who grew up there. (14) Mr. White: One last question, and the staff might have to answer this question. ~e talk about 131 parcels, is this a normal rezoning or is this larger than the normal. Mr. John R. Marlles: Mr. ~hite, this rezoning is a little bit different than the nor- mal rezonings that come to City Council in that it was initiated as a part of the South Roanoke Neighborhood planning process. In most of the instances that you are familiar with, a rezoning is initiated by a private property owner who desires to have his property rezoned for some specific use. This is more of an area wide rezoning, it is based on a neighDorhood plan that was adopted by City Council, and in fact is an area wide rezoning. It is a little bit different animal. Mr. ~hite: ?hank you. Vice-Mayor ~usser: Mr. Fitzpatrick, do you have any questions on this? Mr. Fitzpatrick: Mr. Vice-Mayor, I don't other than the fact that it might be helpful to the Members of Council if you would turn to Page 13 of the document. It gives you an idea of the sandwich of R~-2 available in that general area, the lines are obviously not drawn the same that you have in the Ordinance, but it does give you some sense of what is available in South Roanoke at the moment. I think it will be much more important since we're going to not deal with this until next week for those people who have chosen to come and want to spear to all (15) Members of Council to be prepared to do that at the next meeting so that all seven of us will have an opportunity to hear what has been said toaight, hopefully plus more, so that we will all be able to understand it clearly before we vote on it. I'm fortunate in living there, I tend to understand this because I've been walking through the neighDorhood and seeing the signs and whatever, but I think it's real important that all Members of Council understand it before they vote on it and I'm glad we~ve had some questions tonight. But I know that we will need to go back through this again next week, and I don't want to belabor the time of those people who have spent the time to come be with us tonight when we're going to need for them to be wi~h us again. I have no further questions. Vice-Mayor Musser: Thank you. Rosalind Avenue. The next speaker is Mr. Roy C. Kinsey, Jr., 2975 Mr. Kinsey: Vice-Mayor Musser, my name is Roy C. Kinsey, Jr., and I live at 2975 Rosalind Avenue, S. W., I also live outside of this area but I do own property in this triangle area on this corner lot, and I per- sonally and my family personally uses that property. It's a two apartment dwelling and it's rented upstairs and I'd like to take offense to the people who say when you rent property, you do not keep it up properly. I deny anyone petty is not properly kept. approach. I would like to see ana as approved by the Planning Commission, in this audience to say that my pro- I don't think that is the proper it remain RM-2 as we have requested, that it remain R~4-2. You (16 can see we are adjoining C-1, there are businesses across the street, businesses on lower Rosalind, we're in this area where we are joining, we are more closely associated with C-1 than we are RS-3o So, we would like to see this deleted from any changes, we'd like to make R~-2. Vice-Mayor Musser: Are there any questions for Mr. Kinsey. I thank you, sir. The last speaker that we have signed up, and I know probably a couple more have some questions they want to ask. Our last speaker is Clayton L. Preas, 501 24th Street, S. W. ~r. Preas. Mr. Clayton L. Preas: Thank-you, good evening, Hr. Vice-Mayor and Members of the Council, my name is Clayton L. Preas, and I live at 501 24th Street, S.W. I'm here representing the residences of the 2300 and 2400 block of ~ycliffe Avenue and also the 5~0 block of 24th Street. We have a petition here signed by each of the households on those three streets. What our petition says is that we are opposed to the zoning of pro- perty in the 2400 block of Wycliffe Avenue for multi-family dwellings. We are not opposed to the rezoning to single-family dwellings, but we are opposed to the two parcels here and here (indicated map) that have been recommended should be deleted from that rezoning. I'd like to present the petition to Council, and I would like to have everyone stand up who signed that petition who is here tonight to show their support. These people may not be able to make it back next week, so I want to be sure they get recognized. (17) Vice-~ayor Musser: Thank you, sir. that into the record. There are ten people standing so we will put Preas: Thank-you very much. The reasons for our petition are that we do not feel that the multi-family housing on those two corners will help our neighborhood. Of the two parcels, the owner of one of the parcels was not aware that their parcel was left out of the rezoning, nor were they asked their opinion on it, and they have signed our petition that they would like to see both parcels become Single-Family Residential. Also, we have a very family oriented neighborhood, there is a lot of new families moving into our neighborhood, it is a neighborhood where children play on the streets and we feel that the multi-family housing will deteriorate from that type of neighDorhood. Our neighborhood also has a nice mix. As we said before we have duplexes, we have apartments in our neighborhood, we have townhouses in our neigh- borhood, we have small homes in our neighborhood and we have very large homes in our neighborhood, and I~m talking about just the two blocks right there. ~e have all that in just these two blocks, and also we have older buildings that we think the new buildings would not mix very well with. So, we are asking that those two blocks do not be deleted from the rezoning and that there be a blanket rezoning con- cerning those two blocks. Thank you. Vice-~ayor Musser: Thank you, sir. ~r. ~hite. (18) Mr. ~hite: I de have one question. Isn't there a distinct difference bet- ween, you say blocks, bu~ I think we're talking aPout two parcels, one of them is ........ Mr. Prea8: The two parcels of and this Wycliffe. rezoning. signed by households really, land I'm talking about are this parcel here parcel here (indicated map on the corner of 24th and Those have been recommended to be deleted from the overall The blocks I'm talking about, we have gotten the petitions the households on this block, on this block, and also the on this small block of 24th Street (indicated map). So in a two block radius, we got everybody to sign our petition. ~r. ~aite: Okay, well my comment is on the two parcels, one of them, I believe, and correct me if I'm wrong, is just plain raw real estate and one of them is already improved and has a residence on it. Mr. Prea$: Yes Si r. Mr. ~hite: So, to me it would be a distinct difference in the zoning. I mean the investment potential between what you woula want to do with raw land versus improved land, and I just wanted to bring that point out o Vice-Mayor Musser: Are there any other questions. Mr. Preas. (19) If not, thank you for your presentation. I believe the lady back here had a question. ~ould you like to come up? If you would give us your name and address, we would appreciate it. Ms. Debbie Tinsley: My name is Debbie Tinsley. I live at 2306 Carolina Avenue, and my first question was why the exemption was made on those two lots on ~ycliffe? Does anyone know where those exemptions came from for tho- se? Vice-Mayor ~usser: Mr. Bradshaw, do you have an answer for that. Bradshaw: have an answer. Ms. Tinsley: ! just wonder why someone got an exemption. vacant lots around and I am fortunate the one across get an exemption. There are other from me did not hours or ti~ree hours over this particular issue. of people that desired not to have this included property. We're talking about the triangle. Bradshaw: Alright, the Planning Commission met for about two and one-half It was a contingent into the piece of Vice-Mayor Musser: No, they're talking about the two parcels. (20) Mr. Bradshaw: I realize that. I'm going back and getting a little broad atti- tude. We, as the Planning Commission recognized that this triangle was on the upper reaches of the area which was requested for rezoning; that on the corner, there was a commercial, there was a public service type of activity, commercial up through here, (indicated map) and that this area could from a planning sense be just as well deleted or included within the package. There was sufficient vocal objections to this parcel being excluded from it that the Planning Commission felt from a good planning sense that it could be without jeapordizing the intent of trying to get the whole rezoned in accordance with the Neighborhood Plan. Now we feel that we have a certain obligation to the Neighborhood Plan. Two years ago we said the Planning Commission, along with Council, says we want neighborhoods to plan. ~e are willing to commit to the plan that they put forward if it makes sense. They came forward with the Plan, we accepted it, and then we came into the process, the neighborhood came ,into the process to rezone this area, and we feel obligated to rezone it in accordance with the plan that basically accepted it. But this piece had sufficient objection to it that it was not clear cut that it had to be part of it, and you have heard the two sides tonight on that particular issue. The only other parcel that received any comment whatsoever of being withdrawn from it was the part on 24th and Wycliffe. To the best of my knowledge, that is the only totally undeveloped parcel within this crack. There is some side yard ones that haven't been developed, but this is a raw separate piece. The individual owner of it made an appeal, said that he lived in the neighborhood, said that his family lived in the neighborhood and made an appeal that made sense that it (21) could be exempted from it. The only way the Planning Commission could exempt a single parcel, which would be spot zoning as far as we're concerned, would be to move the outside boundary into and include that parcel , and as a result, as a compromise out of the Planning Commission, the Turner property and the Parrott property were recom- mended for exclusion. Now you certainly have the right, and the Turner's certainly have the right to request their property be put back into it as you see fit. But that was the logic by which the Planning Commission felt like the integrity of trying to comply with the master plan, the Neighborhood Plan that was developed, that we would exclude these two parcels to get essential unanimity of the whole body that came before the Planning Commission, and that's basi- cally the logic that came forward out of the two and one-half hour Planning Commission operation. Are there any questions, Council? Vice-M~yor Musser: Mr. Fitzpatrick, do you have a question? Mr. Fitzpatrick: I want to ask the City Attorney a question related to her question. May I? I don't expect this right now, but before I can understand what Mr. Bradshaw just explained as answer to her question, I need a legal opinion on what constitutes a spot zoning, and I would appreciate having that at the public hearing next week because I think that is going to be important for us in determining what we need to do here? Ms. Tingley: Well, I think if they're trying to do away with building more duplexes, they should not make an exception for any one. I don't know (22) Mr. Parrott, and that's probably just as well, but I bet he doesn't live next to a duplex, I'm sure, and I'm sure he wouldn't want to. I think it decreases your property value. We got a big lot across the street from us, and its large enough to have many on and it would add end, Mr. there are mornings rent, and live want more traffic to the neighborhood which we don't neea more traffic, at least on Carolina, and like I said it does decrease property values. The only other thing I wanted to say is if you drive through the lower Harvey, on like Stephenson, Longview, Jefferson, Broadway, many condos, many apartment complexes, and I looked in this newspaper under South Roanoke unfurnished apartments for there were six today, so the elderly can find a place to in South Roanoke without building more, I believe. That's all I to say. Vice-Mayor Musser: Let me first of all ask you did Mr. Bradshaw's your question. Maybe not to your satisfaction but question? explanation answer did it answer your Ms. Tinsley: Sort of, not to the degree that I'm happy with just don't feel that should be made at all. that exemption, I Vice-Mayor Musser: I just wanted to make sure that the explanation was at least answer you. Any other quesitons? Ur. Harvey. sufficient to Mr. Har~ey: She asked the question I was going to ask, I was curious to know why they were left out (25) so thank you for that. myself. I got some questions for rezoned to all someone maybe five years one of the older homes, would have to go through? the staff, whomever° First of all, if this were to be single-family homes, what would be the process that from now might desire to put a duplex in or whatever, what would be the process they Mr. Marlles: Property owners could elect to go through the normal rezoning process, petition the City like they do now essentially to have their property rezoned. It would allow the Planning Commission to review each of those situations on a case by case basis, but it would essen- tially be the same process we are used to dealing with right now. Mr. Harvey: So, in other words, the property owner would have to go through the Planning Commission and then come to Council again? Mr. Marlles: That's correct. Mr. Harvey: Okay, in your, I guess I'm asking you to look into a crystal ball now, but I understand what this is all about, but I have a real tough time with putting severe limits on people's property and what they can do with it. What if other neighborhoods came in and asked for this same thing, suppose Raleigh Court or Williamson Road, or down in southeast came before this Council and asked for five or six blocks to be redone so that there could be no conversions to duplexes or no, in fact duplexes built. Would this, ~r. City Attorney, be setting some kind of a precedent in this matter? Or would it each be based on an individual case? (24) ~lr. Dibling: Mr. Harvey, I don't think it sets a precedent. I think that each neighborhood has to be considered based on the comprehensive plan which was designed and drafted through a citizen based planning pro- cess. The intent of this rezoning is to carry out the comprehensive plan that has been developed for that neighborhood, and I think that each one would have to be considered on aa individual or case by case basis. ~lr. Marlles: Mr. Harvey, if I can add to that too, I think it may help to realize that what we have here in the City is a zoning map that dates back to 1966, even though we have updated the text and we have made some modifications in the density of our residential districts. The map itself dates back to a time when suburbanization was ocurring around the country, federal highway development was going on, there was a general exodus of people from the cities and there was a real question at the time, not only in Roanoke, but in other cities around the country as to whether or not inner-city neighborhoods were desirable, were ever going to be desirable for single family develop- ment, so the planners in their wisdom at the time essentially, substantially increased the density permitted in many of the cities zoning the neighborhoods as well as allowed commercial and industrial development to occur in what were, and still are to a large extent, residential neighborhoods. The process that we elected to follow to fine tune our zoning map was the neighborhood planning process, in fact, we do intend as we go through the neighborhood planning process, we hope to bring Council additional rezonings, area wide rezonings (25) coming from that process, but that is the process that we have elected to use to fine tune that zoning map which is very much out of date. Mr. Harvey: Well, let me throw up a caution flag to you. You know, in some sections of the City, this certainly isn't South Roanoke by any means, but in some sections of the City, you either have a choice of an older home and making a duplex out of it, or you're going that older home just sit there and fall down because people can't afford to fix that older home up. I mean that's very true you don't know it, and I'm sure you do. You know, you'd better real careful about how you, in my estimation anyway, about how you taking to let simply if be go setting some type of precedent for this action. Two other questions. What's going to happen to the vacant lot, under this scenario, owned by Mr. Parrot, will he have to, in fact, if these are not excluded, will he have to, if he ever wants to use that property, build a single family home or something of the architectural style of what's there now? Mr. Marlles: If that property is re-included in the area to be rezoned from RM-1 to RS-3, he would be permitted to build a single family unit on the property, the raw piece of land. Even with the adoption of this zoning amendment, there are no architectural design guidelines that restrict the type of structure somebody builds in the City. He would be permitted to build a single family home, but he could paint it pink ....... (26) Mr. Harvey: Alright, what's going to happen to these side lots or maybe some of these houses that are built on two lots, or two and one-half lots? Someone absolutely could not do anything with those lots at all under this zoning. Mr. Marlles: The property owner has the option in that case to come in for a resubdivision; he can change those lot lines, and if under either the existing zoning ordinance requirements or under the proposed zoning ordinance requirements, if he can meet the minimum lot size require- ments, he could put in additional units, in fact, we encourage infill housing in our residential areas. I guess what the answer is, I'm saying its possible to resubdivide property to make better use of those that are right now vacant side yards or just extra lots that some people have bought in mind to make a larger property. If I could, I'd like to, there seems to be some concern that by rezoning this area it will somehow affect the supply of rental units or duplexes in other parts of the City. Roanoke is blessed or cursed depending on which view you look at it in having a fairly high percen- tage of our total housing units in rental units. City wide, 38% of the housing units in the City of the 42,000 units in the City are ren- tal units. There is an adequate supply in other parts of the City. Mr. Harvey: Do you have that break down for South Roanoke? Mr. Marlles: In South Roanoke, don't see it here, but we may have it in the I can certainly bring (27) Neighborhood Plan. I that back to you next week. Ms. Duerk read from the Neighborhood Plan as follows: "In South Roanoke, 70.5% of the housing units are owner occupied." So 29.5% of the total housing units, this is from the 1980 census, were rental units in South Roanoke. Vice-Mayor Musser: Are there anymore questions? Mr. White. Mr. White: One question for John and if you don't have an answer, just give it to me before next week. Do you have any idea of the impact of this rezoning on the elementary school age population in that area? What do you anticipate will happen with this rezoning? And if you don't have it, bring it next week. Mr. Marlles: I prefer to wait. I have some old data that I could give you an answer on but I would prefer to wait and see, and let you know. Vice-Mayor Musser: Any other questions for Mr. Marlles. Thank you. A lady back here raised her hand. I'd like to see a show of hands of anyone else who would like to speak because I would like to cut this off before too long. I'd like for you to come up front if you would, I appre- ciate it. And the reason is very simple, it doesn't get into the system if you stand in the back and make a statement. We want to get it on the record. Ms. Maureen Breakell: My name is ~aureen Brea~ell and I'm at 3256 Allendale Street, 28) S. ~. I am not directly affected in that I don't live in any of these blocks that are proposed. I am here mainly to speak out in favor of the integrity of the neighborhood. This was a Plan that the Council and the Planning Commission worked on to help preserve and maintain a nice neighborhood atmosphere. We have a lot of children ia our neigh- borhood and we have a lot of traffic already to allow certain units to be rezoned from multi-family, from low density to medium density, and to allow the Parrott's lot to be excluded causes the possibility of much more traffic in our neighborhood. We have speed traps set often on Avenham, I don't know how to get that record, but its a problem, and its something that the neighbors and the neighborhood committees have been working on and we're concerned about the traffic. And frankly, multi-family units mean more people, and South Roanoke is not a big area, and to allow more rental properties is to allow more traf- fic and increase the danger of traffic accidents. ~e have schools in our neighborhood, Crystal Spring Elementary, and that basically is what my point is is that I'm worried about the traffic, and main- taining, we want our neighborhood, we want our children to be safe, and we want our neighborhood to remain friendly, and we want to know everyone and feel safe. Thank you. Vice-Mayor Musser: Any questions? Mr. Harvey: One question for Mr. Bradshaw. ~r. Bradshaw: Please make it known for the record that I live up on the hill in South Roanoke, I do not own any property down ia the bottom. (29) Mr. Harvey: Could you tell me how many owner occupied pieces of property in this requested rezoning that the people are opposed to this? Qwner occupied not rental property. ~r. Bradshaw: The only pieces of property that were identified in the Planning Commission as being opposed to the proposed zoning ordinance were people that owned or occupied property up here (indicated map), and ~r. Parrott who represented his wife, who owns a vacant piece of pro- perty here, nobody else came forward expressing to the Planning Commission a statement that they were opposed to it, whether they owned it or rented. There was some discussion by some individuals that felt like there wasn't a sufficient amount of houses that could be split up into small units. But from my observation, most of this area down here (indicated map) are smaller houses that would not be suitable to be broken up into multi-family. Now this is not true of the triangle because these are a little bit larger, the older style, but in through Carolina there are some brick houses that should not be broken up into multi-family apartments, they're too small, and they're just not economical in my opinion, now we have over the history broken some of them up, we had the old church down in there that was con- verted into a multi-family on Carolina and we've had some infill that have been duplexes in there, but basically this is a smaller group of houses that you would not find that would be normally split up as you were referring to, from my observation. Mr. Harvey: Do you have, or does the City have, Mr. Herbert, any means of (30) identifying each one of those lots on a map such as that, and marking whether it's a duplex, multi-family home, single-family home .......... Mr. Bradshaw: I think that's already on this right here. (indicated map) I'll hold it and you point it out. (Mr. Marlles referred to certain pro- perties as included on the map.) Mr. Harvey: Now there was only one vacant lot in that whole .......... Mr. Bradshaw: No, the parent lot is an undeveloped lot. There are some side lots as you go through there that people have yards and park across there. ~r. Harvey: But it's part of a house? Mr. Fitzpatrick: There's one lot at 23rd and Carolina that's owned by the same Mr. Harvey: Is that the same map in here? Is that the same? Mr. Bradshaw: This has been a further developed map of what you have in there. We asked the same question, and if you go through the record, the Planning Commission haa a work session where we sat down with the staff and asked them a lot of questions and had them further define the area from what you had there, and one of the questions we asked (31) are how many multi-families, how many duplexes and out of that they generated this map for us. ~r. Harvey: What percentage of the total South Roanoke that, if you had to give a percentage figure? area would you say ~r. Fitzpatrick: A tenth. Vice-Mayor Musser: Do you have any other questions for Mr. Bradshaw, Jimmy? ~r. White? Ms. Turner, the lady behind you had a question. Will you come up please and if there are no other questions, ~ will accept a motion to table this until next week after this one, unless there's bitter objection. Give your name and address, if you would please. ~s. Sherrie Boone I'm Sherrie Boone, and I live at 2202 and 2204 Wycliffe Avenue, S. W. I am right on the corner of the area that is to be rezoned to single family, and I had submitted a request for deletion from this and I was just talking with Barbara, and I understand that you won't do spot rezonings so I don't know what to do in this instance, but my house looks like a duplex, and Barbara thought it was a duplex. In 1986, as I've stated in this report, I took out one wall which basi- cally blocks off the hallway, and that one wall is what made the house a duplex. Presently, ! live there and its considered single family with my two children. But in the future, I may need to have this house be a duplex again for fiaancial reasons. It still has two front entrances, it has two back porches, two kitchens, one which ~ use as a (32) laundry room, its basically a duplex and it is just across from Mr. Feldmann's property, and so my house not be rezoned, but instead be allowed duplex. Harvey: You sent us a letter I believe. right on the corner I had requested that to remain zoned as Ms. Boone: I sent you a letter, and I'm not sure whether or not ........... Mr. Harvey: Do you still have the two electric meters, or just the one there? Ms. Boone: No, I just have one electric meter and that's the only utility that was separate when it was a duplex; the gas was always, you know, considered furnished, the water furnished, etc. Mr. Harvey: John, why wouldn't that house be still considered a duplex? Ms. Boone: It is on the City Engineer's map. Mr. Marlles: Well, it hasn't been used as a duplex for more than two years. It currently, under the current ordinance, it could be used as a duplex; if the ordinance is adopted, or the amendment is adopted, it would be considered a single family. (33) Vice-Mayor Musser: You're saying she needs to rent it out before next week. Ms. Boone: Right, or put in another electric meter which I've been told I need to do but that just seems a little silly to do that, otherwise I guess I could just come back to you at a later date and say, please rezone my property. It looks like a duplex so obviously financially I~m going to be hard-pressed to sell it as a single family dwelling considering the commercial property, the 7-Eleven down the street, etc. So that's my request for deletion. Thank you. Vice-Mayor ~usser: Any questions. Mr. Harvey: Mr. Vice-Mayor, I will do you a big favor and table next week; move that we table it until next week. this until Mr. ~hite: Second. Vice-Mayor Musser: It's been moved and properly seconded; all in favor say aye, opposed no; the ayes have it. I don't want any of you to think that we're slighting you. We definitely under no circumstances want to take a vote on something this important to you, and I know its impor- tant to you, and its important to us, that we do the right thing, but I don't want to do it with four members of Council here and three absent. I hope its pretty next week as it is today, and I hope that you will be able to come back and there will be a definite vote taken (34) next week, but we've heard your comments, they're on the record, anyone who is absent, and if you don't get a chance to speak next week, these comments are available to be transcribed back for any member of the Council who wants to hear them, so its not that what you said tonight is going to be lost even for the three that are not here. But I wanted to make sure that you understand why we're not doing this, there's a number of reasons for it and I think its for your advantage to wait until next week to do it. Thank you all for your patience in going through this. (35) Roanoke Cily Planning Commission The Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia October 8, 1990 Dear Members of Council: Sub3 ect. Request from the Roanoke City Planning Commission to rezone one hundred thirty-one (131) parcels of land lying approximately south of 22nd Street, S.W., and north of 26th Street, S.W., and approximately west of Rosalind Avenue, S.W., and east of Avenham Avenue, S.W., from RM-1, Residential Multifamily Low Density District, to RS-3, Residential Single Family District; and rezoning of nine (9) parcels of land lying on the east side of Rosalind Avenue, S.W., between 24th Street, S.W., and 23rd Street, S.W., from RM-2 Residential Multifamily, Medium Density District, to RS-3, Residential Single Family District; and to rezone twenty-two (22) parcels of land lying on the south side of Broadway Avenue, S.W., between Longview Avenue, S.W., and McClanahan Avenue, S.W., from RM-2, Residential Multifamily Medium Density District to RM-1, Residential Multifamily Low Density District. Background: Proposed rezoning consists of 162 parcels for a combined area of approximately 33 acres, more or less. Purpose of the rezoning request is to bring the zoning of the area into conformity with certain action strategies and community values and objectives set forth in the South Roanoke Neighborhood Plan. Planning Commission workshop held on August 1, 1990, resulted in refinement of the proposed zoning area boundaries. The Commission authorized the staff to file the petition to rezone the areas under consideration. Room 355 Municipal Building 215 Churc~ Avenue, SW. Roanoke, Virginia 24011 (703) 981-2,344 II. Staff has sent out several informational letters to affected property owners explaining the rezoning. Informational meeting with property owners whose property would become nonconforming if the proposed rezoning is approved was held on August 28, 1990, at South Roanoke Methodist Church. Seven (7) property owners and a representative of the South Roanoke neighborhood organization attended. Staff reviewed the restrictions on nonconforming uses outlined in Section 36.1-590 of the City's zoning ordinance. Property owners concerns focused on potential impact of nonconforming status on resale value, property tax assessment and ability to rebuild if the structure sustains substantial damage exceeding 50% of the value of the structure. Residents were informed that it was staff's experience that resale value would not be affected if the proposed structure was a legal nonconforming use. Staff from the City's Real'Estate Valuation Office has indicated that nonconforming status would not have an effect on a property's assessed value as long as the existing use did not change. Staff also informed the property owners present that the restrictions on nonconforming uses outlined in the zoning ordinance allow nonconforming properties to be used and maintained but are intended to gradually bring the affected properties into conformance with the new district requirements. Neighborhood organization (Neighbors in South Roanoke) have voiced support for the rezoning. In addition, the Planning Office has received numerous calls from affected property owners in support of the rezoning. Planning Commission public hearinq was held on September 5, 1990. A summary of the hearing is attached to this report. Issues: Existing zoninq of the affected area along Broadway Avenue is currently RM-2, Residential Multifamily Medium Density District. If the proposed rezoning to RM-1, Residential Multifamily Low Density District, is approved, new multifamily units (excluding duplexes) will not be permitted on the south side of Broadway Avenue. Zoning of the affected area between 22nd Street and 26th Street is RM-1, Residential Multifamily Low Density District. If the proposed rezoning from RM-1 to RS-3 is approved, new duplexes will not be permitted. Be Existing land use in both affected areas is ~rimaril¥ single-family residential. In the area recommended for rezoning from RM-2 to RM-1, one multifamily structure will be made nonconforming; in the area recommended for rezoning from RM-1 to RS-3, 18 duplexes and two multifamily structures will be made nonconforming. Nonconforming structures in both areas will be "grandfathered" subject to the requirements of Section 36.1-590 of the City's zoning ordinance. South Roanoke Neighborhood Plan, adopted by City Council in July, 1988, recommended both zoning changes to facilitate preservation of neighborhood character and promote protection of single-family homes. Residents participating in the planning workshops indicated that single-family homes are needed in the neighborhood and that the existing homes should be preserved as single-family structures (as opposed to conversion for a duplex) to encourage home ownership for new families. Comprehensive Plan recommends that neighborhood character and environmental quality should be protected. III. Alternatives: City 1. Council approve the proposed rezonings. Zoning of the area on the south side of Broadway between Longview Avenue and Wycliffe would become RM-1, Residential Multifamily District. Zoning of the area between 22nd Street and 26th Street would become RS-3, Residential Single Family District. Land uses for future development would promote and maintain the character and environmental quality of a single-family neighborhood. South Roanoke Neighborhood Plan's recommended action strategies for rezoning would be followed. Comprehensive Plan purpose and intent in promoting neighborhood conservation would be followed. City 1. Council deny the proposed rezonings. Zoning remains RM-1 and RM-2. Future conversion of existing single-family residences into duplexes and new duplex infill development in the area between 22nd Street and 26th Street could continue and new multifamily development could occur on the south side of Broadway Avenue between Longview and McClanahan Avenues. Land use could increasingly become duplex and multifamily with a lesser number of single- family residences dispersed throughout the area. Neighborhood plan land use recommendations would not be followed. Comprehensive plan recommendations would not be followed. IV. Recommendation: By a vote of 6-0, the Commission recommended the rezoning of 9 parcels of land lying on the east side of Rosalind Avenue, S.W., between 24th Street, S.W., and 23rd Street, S.W., from RM-2, Residential Multifamily Medium Density District to RS-3, Residential Single Family District; By a vote of 6-0, the Commission recommended rezoning of 16 parcels of land along Broadway Avenue, S.W., more specifically set out as 1050701 through 1050707, inclusive, and 1051101 through 1051109, inclusive, from RM-2, Residential Multifamily Medium Density District, to RM-1, Residential Multifamily Low Density District; By a vote of 5-1 (Mr. Sowers voting against the motion), the Commission approved the deletion of two parcels of land from consideration, bearing tax nos. 1052008 (southwestern corner of Wycliffe Avenue and 24th Street) and 1052101 (southeastern corner of Wycliffe Avenue and 24th Street); and By a vote of 6-0, the Commission recommended rezoning of 129 parcels of land lying approximately south of 22nd Street and north of 26th, and approximately west of Rosalind Avenue, and east of Avenham Avenue, S.W., deleting parcels bearing official tax nos. 1052008 and 1052101, from RM-1, Residential Multifamily Low Density District, to RS-3, Residential Single Family District; The proposed rezonings are in conformance with the objectives and intent of the adopted South Roanoke Neighborhood Plan and would help preserve the character and environmental quality of an existing single-family neighborhood. JRM:EDD:mpf attachments cc: Respectfully submitted, Roanoke City Planning Commission Assistant City Attorney City Engineer Building Commissioner Petitioner Summary Roanoke City Planning Commission Meeting September 5, 1990 Planning Commission public hearing held on September 5, 1990. Mr. Waldvogel stated that the rezoning petition was an outgrowth of the South Roanoke Neighborhood Plan which was done as part of the Roanoke Vision comprehensive planning process. Mr. Waldvogel further noted that the basis for the South Roanoke Neighborhood Plan and the rezoning petition was a series of neighborhood workshops conducted by the planning staff in the neighborhood. He noted that the Planning Commission was not an advocate for the rezoning petition, but a sounding board. Mr. Marlles s~ummarized the rezoning request noting that the proposed rezonings were a direct result of the desire of residents to maintain and enhance the single-family character of the neighborhood. Mr. Marlles stated that staff had conducted further studies of the area and felt that the proposed zoning designations were consistent with the existing land uses in the area and minimized the number of structures which would become non-conforming. Mr. Marlles also noted that staff had held a meeting in the neighborhood to discuss the impact of the proposed rezoning with residents whose property would become non-conforming if the proposed rezoning was approved. In response to a question from Mr. Waldvogel, Mr. Marlles stated that 18 duplexes and two multifamily structures would become non-conforming in the area recommended for rezoning from RM-1 to RS-3 and one multifamily structure would become nonconforming in the area recommended for rezoning from RM-2 to RM-1. Mr. Thomas Fields (2310 Avenham Avenue) addressed the Commission and stated that he would like single- family zoning for both areas. Mr. Jack Parrott (714 Wildwood Road, SW) stated that his wife owns property near the intersection of Wycliffe and 24th Street. Mr. Parrott stated his wife has owned the property since the mid-1960s and that he and his wife had planned to build a duplex for their retirement years. Mr. Parrott stated that the proposed rezoning would create great economic and personal problems if they have to give up their retirement plans. Mrs. Mary Pickett (Bluefield Boulevard) indicated that she has not been able to find an apartment in the South Roanoke neighborhood and stated that she felt that there was a need for apartment houses, duplexes and condominiums in a neighborhood. Mr. Joseph Woodard (2128 Broadway) appeared before the Commission and stated that he was representing all of the property owners bounded by Broadway, 22nd Street and Carolina Avenue (see attached letter dated 9/15/90). Mr. Woodard stated they would like to remain in the RM-2 zone because the area is not suitable for single-family residential development. Mr. Roy Kinsey, Jr., (2975 Rosalind Avenue) stated he owned property in the area described by Mr. Woodard and would like his property to remain RM-2. Mrs. Michele Haley (2322 Carolina Avenue) stated that she was in favor of the proposed rezonings noting that she is concerned with increased traffic and parking, noise and other problems resulting from new duplexes. At this point, Mr. Waldvogel voiced some questions resulting from a conversation he had with a lender. Mr. Waldvogel stated that the lender had indicated that in the case of a non-conforming multifamily structure his firm would be less likely to provide a mortgage loan on the amount of financing that would have been provided if the units were conforming. Mr. Marlles noted that only three of the approximately 162 parcels would become non-conforming multifamily structures. Mrs. Irma Holland (2425 Rosalind Avenue) appeared before the Commission and stated that the neighborhood had fought past efforts to rezone areas within the neighborhood for duplex and multifamily development. Mrs. Holland stated she and her neighbors attended the neighborhood planning workshops and thought the issue was settled. She stated that she had talked with many of her neighbors and they were in favor of the rezoning. Mr. Dickie Rowe (2711 Carolina Avenue) stated that he was representing the neighborhood organization (Neighbors in South Roanoke) and wanted the Commission to know that the organization endorsed the rezonings and felt that the proposal meets the objectives set forth in the South Roanoke Neighborhood Plan. One a personal note, Mr. Rowe stated that recently he had also had trouble getting financing for a duplex that was non-conforming. In response to a question from Mr. Waldvogel, Mr. Marlles stated that staff was only aware of problems financing units which had been illegally converted. In response to a question from Mr. Bradshaw, Mr. Talevi stated that a property owner could apply for a variance from the Board of Zoning Appeals if a non-conforming structure were destroyed. Mr. Waldvogel stated that he was still concerned that some of the buyers of non-conforming structures would have trouble obtaining financing. Mr. Bradshaw stated that several of the concerns expressed today could be easily dealt with. In response to a question from Mr. Bradshaw, Mr. Talevi stated that he would be concerned with a "spot-zoning" approach to the problem. Mr. Talevi stated he felt it would be possible to accommodate the property owners in the triangle formed by Broadway, 22nd Street and Carolina Avenue. Mr. Ross Lemon (2402 Carolina Avenue) appeared before the Commission and stated that the Commission should not lose sight of the fact that the great majority of the property owners are in favor of the rezoning. Mr. Bradshaw made a motion to remove the area within the triangle formed by Broadway, 22nd Street, and Carolina Avenue from the .area recommended for rezoning from RM-2 to RM-1. Mr. Bradshaw noted that his reasons for making the motion were: (1) all of the property owners within the triangle were opposed to the rezoning; (2) triangle is a transitional area; and (3) higher density residential development in this tract would not adversely impact the interior of the neighborhood. The motion was approved by the Commission. Mr. Bradshaw then made a motion to revise the boundary of the area recommended for rezoning from RM-1 to RS-3 to exclude the property owned by Mrs. Parrott ( 24th and Wycliffe Avenue) and Mr. Turner (24th and Wycliffe Avenue). In response to a question from Mr. Waldvogel, Mr. Bradshaw indicated that he was recommending that the Turner property be removed because removing only Mr. Parrott's property would be spot zoning in his opinion. Mr. Sowers stated he was still concerned that the property owner (Mr. Turner) was not present at the public hearing. Mr. Bradshaw's motion to delete the two parcels was approved by the Commission by a vote of 5-1 (Mr. Sowers voting against the motion). Mr. Waldvogel made a motion to rezone the balance of the area from RM-1 to RS-3. The motion was approved 6-0. Mr. Waldvogel made a motion to approve the rezoning of the area along Broadway, with the exception of the area previously deleted (between Broadway, 22nd Street and Carolina Avenue) from RM-2 to RM-1. The motion was approved by the Commission by a vote of 6-0. Mr. Waldvogel made a motion to approve the rezoning of the nine parcels of land along Rosalind Avenue from RM-2 to RS-3. The motion was approved by a vote of 6-0. Office of the City Clerk 4uqust 20, 199o ~ile Mr. Jonn R. ~arlles agent/Secretary City Planning Commission ~oano~e, Virginia Dear Mr. ~arlles: Pursuant to Section 36.1-696(e) of the Code of the City of Roanoke (1979), as amendea, I am enclosing copy of a petition Jrom tne Roanoke City Planning Commission, represented by Mr. ~ichael M. 6ald¥ogel, Chairman, requesting that 131 parcels of land lying approximately south of £2nd Street and north of 26ti~ Street, S. ~., and approximately ~,est of Rosalind Avenue and east of Avenham Avenue, S. ,~., ~e rezoued from R~-I, Residential Multi-Pamily, Low Oensity District, to RS-~, Residential Single ~amily District; and that ,~ine parcels of land lying on the south side of Rosalind Avenue, $. ~.. just east of Z~th Street aha just ~'est o~' 23rd Street, S. ~., be rezoned from R'~-2, Residential %4ulti-Family, ~edium Density District to RS-3, Residential Single Family District. ' Sincerely, ~ary F. ParKer, CMC/AAE City Cler~ ~4FP : ra REZ©NE37 pc: ~r. 'l~ichael ~. ~aldvogel, Chairman, City Planning Commission, 3526 Penart~ Road, S. ~., Roanoke, Virginia 24011 Mr. Ronaid H. ,~iIIer, Zoning Administrator Mr. Steven J. Talevi, Assistant City Attorney Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 {703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA In Re: Rezoning of one hundred thirty-one (131) parcels of land lying approximately south of 22nd Street, S.W., and north of 26th Street, S.W., and approximately west of Rosalind Avenue, S.W., and east of Avenham Avenue, S.W., from RM-1, Residential Multifamily Low Density District, to RS-3, Residential Single Family District; and rezoning of nine (9) parcels of land lying on the south side of Rosalind Avenue, S.W., just east of 24th Street, S.W., and just west of 23rd Street, S.W., from RM-2 Residential Multifamily, Mediu~ Density District, to RS-3, Residential Single Family District. To: The Honorable Mayor and Members of the Council of the City of Roanoke The petitioner, the City of Roanoke Planning Commission, in conformance with the action strategies set forth in the South Roanoke Neighborhood Plan, wishes to rezone land in the City of Roanoke containing 27 acres, more or less, lying approximately south of 22nd Street, S.W., and north of 26th Street, S.W., and approximately west of Rosalind Avenue, S.W., and east of Avenham Avenue, S.W. Said area is currently zoned RM-1, Residential Multifa~ily Low Density District and includes 131 parcels identified as follows: Block 20, Lots 1 through 20, tax numbers 1060301, 1060302, 1060303, 1060304, 1060305, 1060306, 1060307, 1060310, 1060311, and 1060312, Crystal Spring Land Company Map; Block 21, Lots 11 through 20, tax numbers 1052008, 1052010, 1052011 and 1052015, Crystal Spring Land Company Map; 1050709, Block 28, 1060403, Block 22, Lots 1 through 20, 1051203, 1051204, 1051205, 1051206, 1051207, 1051209, 1051210, 1051211, 1051212, 1051213, 1051215, Crystal Spring Land Company Map; Block 23, Lots 12 through 15, tax numbers 1050708, and 1050710, Crystal Spring Land Company Map; Lots 1 tax numbers 1051201, 1051202, 1051208, 1051214, and 1060404, 1060409, 1060410, Land Company Map; Block 29, Lots 1 through 20, and part of closed 25th Street, tax numbers 1052101, 1052102, 1052103, 1052104, through 20, tax numbers 1060401, 1060402, 1060405, 1060406, 1060407, 1060408, 1060412, and 1060414, Crystal Spring 1052108, 1052109, 1052110, 1052114, and 1052115, Crystal through 20, tax numbers 1051301, 1051302, 1051305, 1051306, 1051307, 1051308, 1051312, 1051313, 1051314, 1051315, Map of Crystal Spring Land Company; through 20, tax numbers 1050801, 1050802, 1050805, 1050806, 1050807, 1050808, 1050811, 1050812, 1050813, 1050814, and 1050817, Map of Crystal Spring Land through 10, tax numbers 1060501, 1060502, 1060506 and 1060508, Map of Crystal Spring Land Company Map; 1051303, 1051304, 1051309, 1051310, 1051316, 1051317, Block 31, Lots 1 1050803, 1050804, 1050809, 1050810, 1050815, 1050816, Company; Block 36, Lots 1 1060503, 1060505, 1052105, 1052106, 1052107, 1052111, 1052112, 1052113, Spring Land Company Map; Block 30, Lots 1 Block 37, Lots 1 through 16, tax nua~bers 1052201, 1052203, 1052204, 1052205, 1052206, 1052207, 1052209, 1052210, 1052211, 1052212, 1052213, 1052214, and 1052215, Map of Crystal Spring Land Company; Block 38, Lots 1 through 20, tax nua~bers 1051401, 1051404, 1051405, 1051406, 1051407, 1051411, 1051412, 1051413, Spring Land Company Map; Block 46, Lots 1 through 10, tax nUmbers 1052301, 1052302, 1052303, 1052304, 1052305, 1052306 and 1052307; and Land containing 1.4 acres, more or less, lying approximately south of Rosalind Avenue, S.W., just east of 24th Street, S.W., and just west of 23rd Street, S.W. Said area is currently zoned RM-2, Residential Multifamily, Mediu~ Density District and includes nine parcels identified as follows: Block 47, Lots 1 through 10, tax nua%bers 1051501, 1051502, 1051503, 1051504, 1051505, 1051506, 1051507, 1051508 and 1051519, Map of Crystal Spring Land Company. A map of the property to be rezoned is attached as Exhibit 1051403, 1051408, 1051410, 1051414 and 1051415, Crystal Pursuant to Section 36.1-690, Code of the City of Roanoke, the Petitioner requests that the said property be rezoned from RM-1, Residential Multifamily Low Density District and RM-2, Residential Multifamily, Medium Density District to RS-3, Residential Single Family District. The Petitioner seeks this rezoning as a component of the action strategies set forth in the South Roanoke Neighborhood Plan. The Petitioner believes that the rezoning of the said tracts of land will further the intent and purposes of the City's Comprehensive Plan and the South Roanoke Neighborhood Plan in that it will facilitate preservation of neighborhood character and promote protection of single family homes. Attached as Exhibit B is a list of current owners of the subject property. WHEREFORE, the Petitioner requests that the above- described tract be rezoned as requested in accordance with the provisions of the zoning ordinance of the City of Roanoke. Respectfully submitted, Michael M. Waldvogel, Chairman Roanoke City Planning Commission LOCATION MAP EXHIBIT A REZONE FROM REZONE FROM EXHIBIT B Property Owners RM-1 to RS-3 Tax Number 1050708 1050709 1050710 1051201 '1051202 1051203 1051204 1051205 1051215 1051206 1051207 1051208 Owner's Name/Address BTB Ventures 3563 Peakwood Drive, SW Roanoke, VA 24014 Stuart F. Smith J. Wysor Smith, Jr. P. O. Box 13781 Roanoke, VA 24034 Ann H. Gooch 2302 Avenham Avenue, Roanoke, VA 24014 SW Thomas V. and Lynne Fields 2310 Avenham Avenue, SW Roanoke, VA 24014 Mildred M. Feuer 2318 Avenham Avenue, Roanoke, VA 24014 SW Harry M. Victorine 2322 Avenham Avenue, Roanoke, VA 24014 SW Margaret P. Scott, Et al Peyton N. Shaner 3635 Crooked Oak Lane Winston-Salem, NC 27106 Elinor B. McCorkindale Susan Webb 801 Red Lane Salem, VA 24153 Harry K. and Lacey P. Varner 2301 Wycliffe Avenue Roanoke, VA 24014 Raymond R. and Inez Miller 2305 Wycliffe Avenue, SW Roanoke, VA 24014 Barry T. and Lucy B. Shelley 2307 Wycliffe Avenue, SW Roanoke, VA 24014 Tax Number 1051209 1051210 1051211 1051212 1051213 1051214 1052008 1052010 1052011 1052015 1050801 1050802 1050803 1050804 Owner's Name/Address Edward R. and Carolyn J. 2311 Wycliffe Avenue, SW Roanoke, VA 24014 Barnes Jonathan A. and Betty Jane Collins 2315 Wycliffe Avenue, SW Roanoke, VA 24014 Thomas K. and Stephanie S. Burt 2319 Wycliffe Avenue, SW Roanoke, VA 24014 John M. and Laurel M. 509 24th Street, SW Roanoke, VA 24014 Sykes Robert C. anc Cornelia Hailey 2517 S. Jefferson Street Roanoke, VA 24014 Clayton L. and Mary Beth Preas 501 24th Street, SW Roanoke, VA 24014 James M. and Suzette S. Turner P. O. Box 1020 Salem, VA 24153 Eugene H. Cassell, Jr. 2413 Wycliffe Avenue SW Roanoke, VA 24014 Deborah N. Mattern 2419 Wycliffe Avenue, Roanoke, VA 24014 SW Paul L. and Louise M. Reid 2429 Wycliffe Avenue, SW Roanoke, VA 24014 Sherrie M. Boone 2202 Wycliffe Avenue, Roanoke, VA 24014 SW William K. Burton 2206 Wycliffe Avenue, Roanoke, VA 24014 SW Billy E. and Naomi C. Frazier 2210 Wycliffe Avenue, SW Roanoke, VA 24014 Harvey L. Hotinger,III 2214 Wycliffe Avenue, SW Roanoke, VA 24014 Tax Number 1050805 1050806 1050807 1050808 1050809 1050810 1050811 1050812 1050813 1050814 1050815 1050816 1050817 Owner's Name/Addre~ Joann H. Moore 2218 Wycliffe Avenue, Roanoke, VA 24014 SW Carol C. Lawson 2222 Wycliffe Avenue, Roanoke, VA 24014 SW Helen T. Johnson 2226 Wycliffe Avenue, Roanoke, VA 24014 SW Watermark Properties P. O. Box 90 Roanoke, VA 24002 Laurence M. and Kristen A. 2232 Wycliffe Avenue, SW Roanoke, VA 24014 Levy W. Gene and Delores W. Watson 2311 Rosalind Avenue, SW Roanoke, VA 24014 Wesley p. and Ruth N. Frye 2209 Carolina Avenue, SW Roanoke, VA 24014 Landon G. and Ruth R. Buchanan 358 W. Campbell Avenue Roanoke, VA 24016 Ronald W. and Ann B. Dillon 5233 Archer Drive, SW Roanoke, VA 24014 Margaret G. Ferguson 2221 Carolina Avenue, SW Roanoke, VA 24014 Alfred p. Moore, Jr. Alice J. Moore 2223 Carolina Avenue, Roanoke, VA 24014 SW Wilmer H. and Leona A. Carper 2227 Carolina Avenue, SW Roanoke, VA 24014 Henry G. Simpson, Jr. 2231 Carolina Avenue, Roanoke, VA 24014 SW Tax Number 1051301 1051302 1051314 1051315 1051316 1051317 1051303 1051304 1051305 1051306 1051307 1051308 1051309 1051310 1051312 Owner's Name/Address Joseph N. Harker, Jr. Ressie B. Harker 2302 wycliffe Avenue, SW Roanoke, VA 24014 Jerome R. Freund 2306 Wycliffe Avenue, Roanoke, VA 24014 SW Robert M. Baldwin 2319 Carolina Avenue, Roanoke, VA 24014 SW Berkeley B. Cundiff, Jr. 2128 Carolina Avenue, SW Roanoke, VA 24014 Philip R. and Maye H. Jepson 2327 Carolina Avenue, SW Roanoke, VA 24014 Frances F. Hylton 2331 Carolina Avenue, SW Roanoke, VA 24014 Bobby Lee and Sue J. Lindsey 2308 Wycliffe Avenue, SW Roanoke, VA 24014 Earl A. Mitchell, Jr. Nadine C. Mitchell 2312 Wycliffe Avenue, Roanoke, VA 24014 SW John Duke Baldridge, III Mary Catherine Ewart 202 Darwin Road, SW Roanoke, VA 24014 George p. and Harriet R. 2320 Wycliffe Avenue, SW Roanoke, VA 24014 Remaine William C. and Dorothy S. Woodard 2324 Wycliffe Avenue, SW Roanoke, VA 24014 Gary H. Gilmer 2330 Wycliffe Avenue, SW Roanoke, VA 24014 Mary H. Pyrtle Janet P. Calary 2301 Carolina Avenue, Roanoke, VA 24014 SW Tax Number 1051313 1052101 1052102 1052103 1052104 1052105 1052106 1052107 1052108 1052109 1052110 1052111 1052112 1052113 Owner's Name/Address Martha B. Brown 2315 Carolina Avenue, Roanoke, VA 24014 SW Betty Brooke Parrott 714 Wildwood Road, SW Roanoke, VA 24014 Mary J. Meier and May M. P. O. Box 8066 Roanoke, VA 24014 Justice Donald G. Smith, Jr. Barbara K. Smith 2412 Wycliffe Avenue, SW Roanoke, VA 24014 Gilbert E. and Margaret M. Butler 2416 Wycliffe Avenue, SW Roanoke, VA 24014 William L. Allman Jennie T. Allman 1625 Godfrey Lane Virginia Beach, VA 23454 J. Patrick and Tracy K. Rudd 2430 Wycliffe Avenue, SW Roanoke, VA 24014 Harold T. and Mary R. Freed 2405 Carolina Avenue, SW Roanoke, VA 24014 E. Claire Kennett 2409 Carolina Avenue, Roanoke, VA 24014 SW R. Jay and Paula Z. Irons 2413 Carolina Avenue, SW Roanoke, VA 24014 Bruce C. Ellett 2417 Carolina Avenue, Roanoke, VA 24014 SW Germaine Pritchett 2421 Carolina Avenue, SW Roanoke, VA 24014 James T. Hopkins, III 2425 Carolina Avenue, Roanoke, VA 24014 SW ~ax Number 1052114 1052115 1051401 1051403 1051404 1051405 1051406 1051407 1051408 1051410 1051411 1051412 1051413 1051414 Owner's Name/Addres~ John W. and Muriel T. S. Landis c/o Marcia L. Bryant 1818 Electric Road, SW Roanoke, VA 24018 Billy F. and Vera B. Route 2, Box 233 Goodview, VA 24095 Williams Clyde P. Moore 2302 Carolina Avenue, Roanoke, VA 24014 SW Frank M. Tinsley, Jr. Deborah K. Tinsley 2306 Carolina Avenue, SW Roanoke, VA 24014 Odella B. Rosenberger 2310 Carolina Avenue, Roanoke, VA 24014 SW Barry V. and Sandra C. Woodford 2314 Carolina Avenue, SW Roanoke, VA 24014 Norma C. Gibbons 2318 Carolina Avenue, Roanoke, VA 24014 SW Gregor J. and Michele A. 2322 Carolina Avenue, SW Roanoke, VA 24014 Haley Thomas C. Trinkle 2326 Carolina Avenue, Roanoke, VA 24014 SW Lilburn E. Ward, III Kitty Lou Ward 2330 Carolina Avenue, SW Roanoke, VA 24014 Robbie H. Burton 2301 Rosalind Avenue, Roanoke, VA 24014 SW William G. and Delores J. Watson 2311 Rosalind Avenue, SW Roanoke, VA 24014 Roy George and Royce p. Foster 2321 Rosalind Avenue, SW Roanoke, VA 24014 Tax Number 1051415 1052201 1052203 1052204 1052205 1052206 1052207 1052209 1052210 1052211 1052212 1052213 1052214 1052215 Owner's Name/Addres~ Terry E. Parsell Dianne M. Zeigler 713 1st Street, SW Roanoke, VA 24016 C. Ross and Rosemary S. Lemon 2402 Carolina Avenue, SW Roanoke, VA 24014 Dorothy F. Leonard 2408 Carolina Avenue, SW Roanoke, VA 24014 Myrtle T. Wertz c/o Bebe Wertz Route 6, Box 75-A Rocky Muont, VA 24151 Margaret Booth 2416 Carolina Avenue, SW Roanoke, VA 24014 Judy P. Webber 2422 Carolina Avenue, Roanoke, VA 24014 SW June B. Quarles 325 25th Street, SW Roanoke, VA 24014 Trustees, South Roanoke Baptist Church P. O. Box 8116 Roanoke, VA 24014 Thomas W. Roberts, Jr. Robin R. Roberts 2417 Rosalind Avenue, SW Roanoke, VA 24014 Nellie E. Minahan 2421 Rosalind Avenue, Roanoke, VA 24014 SW William R. and Irma G. Holland 2425 Rosalind Avenue, SW Roanoke, VA 24014 Claude M. and Susan K. Lauck 2429 Rosalind Avenue, SW Roanoke, VA 24014 Linda C. Barnett 315 25th Street, SW Roanoke, VA 24014 Tax Number 1052301 1052302 1052303 1052304 1052305 1052306 1052307 1060301 1060302 1060305 1060303 1060304 1060306 1060307 Owner's Name/Address Ark Associates c/o Jennie Allman 1625 Godfrey Lane Virginia Beach, VA 23454 Jo Ann Hazelgrove 2408 Rosalind Avenue, Roanoke, VA 24014 SW John M. and Deborah p. Flannagan 2412 Rosalind Avenue, SW Roanoke, VA 24014 Michael B. and Kimberly C. Weaver 2416 Rosalind Avenue, SW Roanoke, VA 24014 Nicholas C. and Alison A. 2420 Rosalind Avenue, SW Roanoke, VA 24014 COnte Robert M. and Mary M. Groth 2424 Rosalind Avenue, SW Roanoke, VA 24014 Stephen A. and Jane B. Hoover 2430 Rosalind Avenue, SW Roanoke, VA 24014 Robert A. and Sara I. Webb 2502 Avenhan Avenue, SW Roanoke, VA 24014 Doris L. Magee A. Carter Magee, Jr. Richard W. Magee 2510 Avenham Avenue, SW Roanoke, VA 24014 David H. Bro~ 2514 Avenham Avenue, Roanoke, VA 24014 SW Claude S. and Terry M. Wilkinson 2520 Avenham Avenue, SW Roanoke, VA 24014 Julia M. Wood Katherine L. Wood 2501 Wycliffe Avenue, SW Roanoke, VA 24014 Virginia S. Trinkle 2509 Wycliffe Avenue, Roanoke, VA 24014 SW Tax Number 1060310 1060311 1060312 1060401 1060402 1060403 1060404 1060405 1060406 1060407 1060408 1060409 1060410 Owner's Name/Address William B. and Marie P. Hammond 2515 Wycliffe Avenue, SW Roanoke, VA 24014 Thomas C. and Susan N. Moore 2521 Wycliffe Avenue, SW Roanoke, VA 24014 John W. and Linda S. Starr 2529 Wycliffe Avenue, SW Roanoke, VA 24014 Ruth Griggs 2502 Wycliffe Avenue, Roanoke, VA 24014 SW Mary M. Walters c/o Mary M. Thomas 2510 Wycliffe Avenue, SW Roanoke, VA 24014 Lucian y. and Tammy H. Grove 2516 Wycliffe Avenue, SW Roanoke, VA 24014 Arthur H. and Sarah A. Light 2524 Wycliffe Avenue, SW Roanoke, VA 24014 Virginia W. Hale 2530 Wycliffe Avenue, Roanoke, VA 24014 SW Alan H. Stone 2501 Carolina Avenue, SW Roanoke, VA 24014 Thomas R. Cunningham Eleanor M. Gillespie 2507 Carolina Avenue, Roanoke, VA 24014 SW William A. and Shirley W. Martin 2511 Carolina Avenue, SW Roanoke, VA 24014 Leslie L. Stennett, Sr. Zoe Hewitt-Stennett 2515 Carolina Avenue, SW Roanoke, VA 24014 Busch Properties, Inc. One Busch Place St. Louis, MO 63118 Tax Number 1060412 1060414 1060501 1060502 1060503 1060505 1060506 1060508 Property Owners RM-2 to RS-3 ~ax No. 1051501 1051502 1051503 1051504 1051505 1051506 Owner's Name/Address David R. and Patricia M. Nash 2523 Carolina Avenue, SW Roanoke, VA 24014 William R. O'Connor 2902 Crystal Spring Avenue, SW Roanoke, VA 24014 Robert K. France Ruth A. Doan 2502 Carolina Avenue, Roanoke, VA 24014 SW Ronald H. and Charlotte C. 2512 Carolina Avenue, SW Roanoke, VA 24014 Hart Watson H. and Katerhine B. Ellett 2518 Carolina Avenue, SW Roanoke, VA 24014 D & D Associates 711 Cassell Lane, SW Roanoke, VA 24014 Melvin C. and Carol R. Williams 2530 Carolina Avenue, SW Roanoke, VA 24014 Name and Address Samuel H. Francis John W. H. Francis 68 Dale Drive Chatham, NJ 07928 Lewis J. and Karen H. Pillis 2310 Rosalind Avenue, SW Roanoke, VA 24014 Jane B. Farnum 2314 Rosalind Avenue, Roanoke, VA 24014 SW Deborah W. Woodhall 2318 Rosalind Avenue, Roanoke, VA 24014 SW 1051507 1051508 1051519 Seldon S. Edmunds Gene Brumfield 2322 Rosalind Avenue, Roanoke, VA 24014 SW William H. Robison 3744 Peakwood Drive, Roanoke, VA 24014 SW Edney H. Saunders c/o C. W. Francis & Son 120 Kirk Avenue, SW Roanoke, VA 24011 LOCATION S~'~'EF T CHERRYHILL ST~ET STI~ET SOUTH ROANOKE REZONING i~ I~gZ'<:)~P--: ~- Z. To 1~5 - :3 :::::::::::::::::::::::: ............... .,.'.-..'.:~: RP,.,F. OI,/E.: I~I,I-Z ~ I~E.~Of, ae.: /~.l,,l-i 'r'c) ST~E~'T CHERRYHILL ~TREET ST~IrT STREET SOUTH ROANOKE REZONING Office of the City Clerk August 20, 1990 File #51 Ur. John R. Marlles Agent/Secretary City Planning Commission ~oano~e, Virginia Dear Mr. Marlles: Pursuant to Section Sd.l-690(e) of the Code of the City of ~oa~oke (1979), as amended, I am enclosing copy of a petition from the Roanoke City Ylanning Commission, represented by ~r. Michael M. ~aldvogel, Chairman, requesting that 22 parcels of land lying on the south side of Broadway Avenue between £ongvie~ Avenue and ,~cClana~an Avenue, S. ~., De rezoned from RM-2, Residential Multi-Family, ~edium Density District, to R~-i Residential Multi-Family, Low Density District. ' Sincerely, Mary l~. Par~er, CMC/AAE City Clerk MFP:ra REZ©~E38 pc: Mr. Michael M. ~aldvogel, Chairman, City Planning Commission, 3526 Penarth Road, S. ~., Roanoke, Virginia 24011 Mr. Ronald ~. Miller, Zoning Administrator Mr. Steven J. ~alevi, Assistant City Attorney Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Neighbors in South Roanoke P. O. Box 8681 Roanoke, Virginia 24014 ~ ~A~s~~ ~,~Mayor Tay-i~nr, Members of City Council, Mr. Herbert and Staff; I am Barbara Duerk, chair of Neighbors in South Roanoke. I live at 2607 Rosalind Ave., S.W. - property that is not directly affected by the rezoning. But ALL Neighbors in South Roanoke should be concerned about the desicration of the residential integrity in this area proposed for rezoning. Neighborhood plan (Pass out plan) Page 2 Refers to the City's comprehensive plan Read The planning process that took place in our neighborhood was over a 3 month period in the winter of 1988. Several neighborhood concerns were identified and addressed. One page 7 you will see the number one issue was housing. Compromises have been made. Many families have requested down zoning in their block. They don't understand why they were not included in single family disgnation, but the zoning plan as presented tries to take into consideration the needs of the entire community by allowing for some areas to be more densely populated. There is a saying that how the corner goes, so goes the rest of the block. Single family houses on Corner lots that have been bought for investment purposes should remain single family. We do not have a narrational historic designation to protect the integrity of our neighborhood. Our only hope is that we can express the concerns as documented in the South Roanoke Neighborhood plan and relic on City Council to support the vision. Community development, not personal development for economic gain should be high priority. Inside South Roanoke's Neighborhood plan is a petition signed by persons (except for one who lives outside of the affected are - Del. Woodrum who lives on Cornwallis) living in the affected area. ~ of these people are here tonight We ask City Council tonight to approve the request from ........... Neighbors in South Roanoke P. O, Box 8681 \~ ~>~ Roanoke, Virginia 24014 The following residents request City Council to support the rezoning plan for South Roanoke that was orginially submitted to The Roanoke City Planning Commission. All property (131 parcels) S. of 22nd Street and N. of 26th Street, W of Rosalind and E of Avenham from RM-1, Residential Multifamily Low Density District, to RS-3, Residential Single Family District; Nine (9) parcels of land lying on the east side of Rosalind Avenue between 24th St. and 23 St. from RM 2 Residential Multifamily Medium Density (up to 5 units) to RS-3, Residential Single Family; and to rezone twenty-two (22) parcels of land lying on the south side of Broadway Ave, between Longview Ave and McClanahand from RM-2, Residential Multifamily Medium Density " District to RM-1 Residential Multifami.ly ~ow Density . ~ > / 1~ ,. . ~- Neighbors in outh Roanoke P, O, Box 8881 Roanoke, Virginia 24014 ~he following residents request City Council to SUpport the rezoning plan for South Roanoke that was orginially submitted to The Roanoke City Planning Commission. All property (131 parcels) S. of 22nd Street and N. of 26th Street, W of Rosalind and E of Avenham from P/q-l, Residential Multifamily Low Density District to RS-3, Residential Single Family District; , Nine (9) Parcels of land lying on the east side of Rosalind Avenue between 24th St. and 23 Multifamily Medium Density (up St. from RM 2 Residential Residential Single Family; to 5 units) to RS-3, and to rezone twenty-two (22) parcels of land lying on the south side of Broadway Ave, between Longview Ave and McClanahan from RM-2, Residential Multifamily Medium Density District to RM-1, Residential Multifamily Low Density (Duplex). Neiffhbors in South Roanoke P, O. Box 8681 Roanoke, Virginia 24014 h A The following residents request City Council to support the rezoning plan for South Roanoke that was orginially submitted to The Roanoke City Planning Commission. Ail property (131 parcels) S. of 22nd Street and N. of 26th Street, W of Rosalind and E of Avenham from RM-1, Residential Multifamily Low Density District, to RS-3, Residential Single Family District; Nine (9) parcels of land lying on the east side of Rosalind Avenue between 24th St. and 23 St. from RM 2 Residential Multifamily Medium Density (up to 5 units) to RS-3, Residential Single Family; and to rezone twenty-two (22) parcels of land lying on the south side of Broadway Ave, between Longview Ave and McClanahand from RM-2, Residential Multifamily Medium Density District to RM-1, Residential Multifamily Low Density (Duplex). ,'7 Neighbors in South Roanoke ~.~,~ P.O. Box 8~81 Roonoko, ~irfllnio 24014 The following residents request C~y Council to support the rezoning plan for South Roanoke that was orginially submitted to The Roanoke City Planning Co~ission. All property (131 parcels S. of 22nd Street and N. of 26th Street, W of Rosalind and E of Avenham from RM-1, Residential Multifamily Low Density District, to RS-3, Residential Single Family District; Nine (9) parcels of land lying on the east side of Rosalind Avenue between 24th St. and 23 St. from RM 2 Residential Multifamily Medium Density (up to 5 units) to RS-3, Residential Single Family; and to rezone twenty-two (22) parcels of land lying on the south side of Broadway Ave, between Longview Ave and McClanahand from RM-2, Residential Multifamily Mediu~n Density District to RM-1, Residential Multifamily Low Density (Duplex). ,1 / // PETITION We, the undersigned, are opposed to the zoning of property In the twenty-four hundred block of Wycliffe Avenue for multiple family dwellings. This opposition would include new construction as well as remodeling of existing structures. Name Address PETITION We, the undersigned, are opposed to the zoning ol~ property In the twenty-four hundred block of Wycliffe Avenue for multiple family dwellings. This opposition would include new construction as well as remodeling of existing structures. Name Address We, the undersigned, are opposed to the zoning of property In the twenty-four hundred block of Wycliffe Avenue for rnultiple family dwellings, This opposition would include new construction as we!! as remodeling of existing structures, Office of the City Clerk October 3, 1990 Dr. and Mrs. Donala G. Smith, Jr. Brambleton Family Physicians, P.C. 3707 Brambleton Avenue, S. Roanoke, Virginia 24018 Dear Dr. aha Mrs. Smith: I wish to acknowledge receipt of your communication under date of September 27, 1990, expressing opposition to the proposed rezoning of properties located in the 2400 block of Wycliffe Avenue, S. ~'. Please be assured that a copy of your communicatioa has been for- warded to the Mayor and Members of Roanoke City Council for their information. Sincerely, ~~ Mary F. Parker, CMC/AAE City Clerk MFP:se Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Misc. 10/8/90 - Council 27 September 1990 AMBLETON FAMILY PHYSICIANS, P.C. 5707 Brambleton Avenue, SW Roanoke, Virginia 24018 989-6171 Honorable MayorNoel C. Taylor Room 456 Municipal Building 215 Church Ave S.W. Roanoke, Virginia 24011 Dear Mayor Taylor & Members of City Council: We strongly oppose the zoning of properties in the 2400 block of Wycliffe Avenue for multiple family housing. Such zoning would result in a lowering of property values in this area. We are currently considering doing major renovations at our house at 2412 Wycliffe. The zoning ruling will definitely influence our decision. Incentives must be there in order for people to purchase homes in South Roanoke. Many of these homes are old and need remodeling. If these incentives are not there, people will choose to purchase homes in the county for less money. Construction of new multiple family housing or remodeling of existing structures to become multiple family housing will certainly affect the quality of life in our neighborhood. It is important to keep our city neighborhoods attractive to those residing there and buying there. We need to consider ways to keep our people from leaving the city for the increasingly attractive alternatives in the county. Thank you for your consideration c~ this matter. Sincerely, Donald G. Smith, Jr., M.D. Barbara K. Smith DGS/cmw c~t~b f~:~ '/t4 ~, ~t/~ William C. Ward, M.D. John Pauze, M.D., Ph.D. Donald G. Smith, jr., M.D. Wayne E. Grayson, M.D. Office of the City Clerk October 3, 1990 Mrs. Suzi Turner 2405 Wycliffe Avenue, S. Roanoke, Virginia 24014 Dear Mrs. Turner: I ~ish to acknowledge receipt of your communication under date of September 27, 1990, expressing opposition to the proposed rezoning of properties located on ½ycliffe Avenue, S. ~. Please be assured tAat a copy of your communication has been for- warded to the Mayor and ~embers of Roanoke City Council for their information. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:se Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Misc. 10/8/90 - Council The Honorable Mayor Noel C. Taylor Members of Roanoke City Council Roanoke, Virginia 2405 Wycliffe Ave,S.] Roanoke,Va. 24014 Sept.27,1990 Dear Mrs. Bowles and Gentlemen: Neighborhoods have long been important to this city, and I would like to think that they will continue to be so. The quality and character of my neighborhood may be threat- ened by the exceptions recommended by the Planning Commi- ssion regarding the proposed single family zoning in parts of this neighborhood. I feel very strongly that we should try to preserve the character of our older houses and neighborhoods. One way to do that is to keep them as single family homes. I would like to see that new construction of duplexes, apartment buildings and condominiums would not be allowed in the areas designated single family by the neighborhood organization. I would also like to know that the beautiful older houses ~ould not be used by developers to convert existing structures into multiple family dwellings. I would ask that you consider denying the exception of the two properties on Wycliffe Ave.,S.W. One is a vacant lot on which the owner plans to build a duplex, and the other is my home. I think it would be a real loss to this neighborhood if this older house were no longer a single family residence. There are already a lot ~ apartments and condominiums in the area, and we really don't need more. Thank you for your consideration. ~ Sr_P 1990 ~ ~,,iA¥OR'S OFFICE ~, S~incerely, Suzi Turner THE HONORABLE NOEL C. TA'¥'LOR. MAYOR AND MEMBER',:]~ OF ['j]: I '!"Y COUNC: I L. 0!5( 8' [ ']' c RS,-3 I wou].d likce to pre~_~ent L,n).. ~:o].low:i. nc3 re'Les-i- ~or ~ · '-. '~:rom the propos~_~cl " · ', .... MEMBERS OF CITY COUNCIL map as 2202-04 Wvclif-Fe Avenue. Southwest,~ ]'his is a large :[2 '~ormer speuse purchaseo it until 1986 when I received the house as part o~ my separation settlement.. In 1986 I removed one wall 3 ~eet wid~ and 9-1/2 '~:ee~ tall and the house became a "single family" dwelling. I also had t:he fuse be:xes in the basement replaced and had the electrician rewire everything into one br'eaker hex. The etectr, ic:itv was the only utility with separal:~ billing when the housce was used as a dup].e:x~ My ut. ili'l:y bil].~ st:J. ll list: li¥).' c~(zC:t.~paF~C:y, (:3~ t.l"ie hOUSe as 'upper or 2 chi!.ctren~ and [.hen to rent par'f: o~: th(? hc:..ut~e when thE~ children are e~'~ '[:I~+~J.F' (:,w~. :[~'~ ,]t.~r~:, of ].'~'[~ (::.,r~e <::).~ 'khe I~c:)~: w~:tt:~.er hE, altter~s required rle?plac:E-~;Her]t. I ,WAS] advis[ed t:h[~ remaining heater could be II,Bed f or '~he el'it i F'e I'IC:q_US(.B. ~'-~owever ~ r eE~J. i Z i n(:.:l I ~1::,~.!:1. d [iee(J twc~ separate hot water heaters when I rented as a duple::.[ again, i replaced t:he defective heater at: consider'able expense. I had planned to attend the public hearing on September 5th, but had a child at: home ill. I c:ontacted Ms. Evelyn Dersev~s o'F~:ice that day to be sure that my hou!se would be "()raF~dFathmred" ] Cci!..~l d F~c)'j; be gl. ,-~hd~ ~-,tJ']ered si r3t::e cur ren'~ ~t....~. i ..~ occupancy in 1986~ I there¢ore request that '~,'-:rc,.__.-. · · ~-.=-.~. .4 tg'ycli¥~e ,.orej RM-.-,I and on t;he rear bv a goc:tor:'s o'~ice) be deleted Crom SW Neiffhbors in South,,Roanoke P. O. Box 8881 '? Roanoke, Virginia 24014 Two years ago, the South Roanoke area of the city participated in Vision, Roanoke's comprehensive conm]unity planning process. The meetings were advertised and all people were invited to participate. Three meetings were held at Crystal Spring gym over a period of three months. Concerns were identified. The issue of zoning was discussed by all the people who attended the meetings. Something needed to be done to perserve the quality of living and the integrity of the neighborhood. Compromises were made. Areas were excluded from Resident Single Family designation to accomodate the housing needs of persons wanting to remain in the neighborhood after their families moved away or to encourage younger couples to move into the area. A neighborhood organization, that serves the interest of the whole neigborhood, Neighbors in South Roanoke, was formed. This organization supports the orginal plan submitted to the Planning Commission by the Planning Department. This plan: includes the entire area between 22nd Street and 26th Street S. W. from RM-1 to RS-3;. includes 9 parcels of land on the east side of Rosalind between 24th and 23rd from RM-2 to includes 22 parcels of land lying on the south side of Broadway between Longvlew and McClanahan From RM-2 to RM-1 and; includes parcels bordered by 22nd Street, Broadway and Carolina Ave from RM-2 to RM-1. (A change in this zoning was made at the Planning Con~ission to leave it RM-2. The petition of property owners consist of some owner occupied, but some of the houses are rental property, and we feel use by RM-1 duplex is more favorable to the neighborhood.) Thank you for yo~~ration' Barbara Duerk, Chair September 5, 1990 ROANOKE CITY PLANNING COMMISSION Room 355, Municipal Building 215 Church Avenue, S. W. Roanoke, Virginia 2zi011 Gentlemen: We, the undersigned property Owners would like to request that no changes be made in status of Our properties, they to remainl~M-2. Combined, we represent the complete block being bordered by 22nd Street, Broadway and Carolina Avenues that this change would effect. W.e appreciate yOur consideration. Sincerely, Mr. and Mrs. Joseph G. Woodard, · 2128 Broadway Avenue, S. W. Dr. William H. Robinson 212zl Broadway Avenue, S. W. 2120 Broadway Avenue, S. W. Mr. and Mrs. Greg Feldmann 2102 Wycliffe Avenue, S. W. W. C. S J. G. Woodard 2125 Carolina AVenue, S. W. Mr. and Mrs. Roy C. Kinsey, Jr.~(~t/~ October 1, 1990 The Honorable Mayor Noel C. Taylor and Members of City Council City of Roanoke, VA' Dear Mrs. Bowles and Gentlemen: I am writing this letter in protest of two exemptions recommended by the Planning Commission regarding the zoning hearing for the South Roanoke neighborhood. The Planning Commission listed two properties, both in the 2400 block of Wycliffe Avenue, one that is Owned by Jay Turner and the other by Jack Parrott, as being exempt from the restriction on multi-family use. I am requesting that you Specifically deny these exemptions. I feel that there are enough multi-family dwellings in this neighborhood and further development of multi-family housing will diminish the character of the older homes that now exist. Once again, I request that you deny the exemptions recommended by the Planning Commission regarding the properties listed above. Sincerely, October 1, 1990 The Honorable Mayor Noel C. Taylor and Members of City Council City of Roanoke, VA Dear Mrs. Bowles and Gentlemen: I am writing this letter in protest of two exemptions recommended by the Planning Commission regarding the zoning hearing for the South Roanoke neighborhood. The Planning Commission listed two properties, both in the 2400 block of Wycliffe Avenue, one that is Owned by Jay Turner and the other by Jack Parrott, as being exempt from the restriction on multi-family use. I am requesting that you Specifically deny these exemptions. I feel that there are enough multi-family dwellings in this neighborhood and further development of multi-family housing will diminish the character of the older homes that now exist. Once again, I request that you deny the exemptions recommended by the Planning Commission regarding the properties listed above. Sincerely, October 1, 1990 The Honorable Mayor Noel C. Taylor and Members of City Council City of Roanoke, VA Dear Mrs. Bowles and Gentlemen: I am writing this letter in protest of two exemptions recommended by the Planning Commission regarding the zoning hearing for the South Roanoke neighborhood. The Planning Commission listed two properties, both in the 2400 block of Wycliffe Avenue, one that is Owned by Jay Turner and the other by Jack Parrott, as being exempt from the restriction on multi-family use. I am requesting that you Specifically deny these exemptions. I feel that there are enough multi-family dwellings in this neighborhood and further development of multi-family housing will diminish the character of the older homes that now exist. Once again, I request that you deny the exemptions recommended by the Planning Commission regarding the properties listed above. Sincerely, October 1, 1990 The Honorable Mayor Noel C. Taylor and Members of City Council City of Roanoke, VA Dear Mrs. Bowles and Gentlemen: I am writing this letter in protest of two exemptions recommended by the Planning Commission regarding the zoning hearing for the South Roanoke neighborhood. The Planning Commission listed two properties, both in the 2400 block of Wycliffe Avenue, one that is Owned by Jay Turner and the other by Jack Parrott, as being exempt from the restriction on multi-family use. I am requesting that you Specifically deny these exemptions. I feel that there are enough multi-family dwellings in this neighborhood and further development of multi-family housing will diminish the character of the older homes that now exist. Once again, I request that you deny the exemptions recommended by the Planning Commission regarding the properties listed above. Sincerely, October 1, 1990 The Honorable Mayor Noel C. Taylor and Members of City Council City of Roanoke, VA Dear Mrs. Bowles and Gentlemen: I am writing this letter in protest of two exemptions recommended by the Planning Commission regarding the zoning hearing for the South Roanoke neighborhood. The Planning Commission listed two properties, both in the 2400 block of Wycliffe Avenue, one that is Owned by Jay Turner and the other by Jack Parrott, as being exempt from the restriction on multi-family use. I am requesting that you Specifically deny these exemptions. I feel that there are enough multi-family dwellings in this neighborhood and further development of multi-family housing will diminish the character of the older homes that now exist. Once again, I request that you deny the exemptions recommended by the Planning Commission regarding the properties listed above. Sincerely, October 1, 1990 The Honorable Mayor Noel C. Taylor and Members of City Council City of Roanoke, VA Dear Mrs. Bowles and Gentlemen: I am writing this letter in protest of two exemptions recommended by the Planning Commission regarding the zoning hearing for the South Roanoke neighborhood. The Planning Commission listed two properties, both in the 2400 block of Wycliffe Avenue, one that is Owned by Jay Turner and the other by Jack Parrott, as being exempt from the restriction on multi-family use. I am requesting that you Specifically deny these exemptions. I feel that there are enough multi-family dwellings in this neighborhood and further development of multi-family housing will diminish the character of the older homes that now exist. Once again, I request that you deny the exemptions recommended by the Planning Commission regarding the properties listed above. Sincerely, October 1, 1990 The Honorable Mayor Noel C. and Members of City Council City of Roanoke, VA Taylor Dear Mrs. Bowles and Gentlemen: I am writing this letter in protest of two exemptions recommended by the Planning Commission regarding the zoning hearing for the South Roanoke neighborhood. The Planning Commission listed two properties, both in the 2400 block of Wycliffe Avenue, one that is Owned by Jay Turner and the other by Jack Parrott, as being exempt from the restriction on multi-family use. I am requesting that you Specifically deny these exemptions. I feel that there are enough multi-family dwellings in this neighborhood and further development of multi-family housing will diminish the character of the older homes that now exist. Once again, I request that you deny the exemptions recommended by the Planning Commission regarding the properties listed above. Sincerely, October 1, 1990 The Honorable Mayor Noel C. Taylor and Members of City Council City of Roanoke, VA Dear Mrs. Bowles and Gentlemen: I am writing this letter in protest of two exemptions recommended by the Planning Commission regarding the zoning hearing for the South Roanoke neighborhood. The Planning Commission listed two properties, both in the 2400 block of Wycliffe Avenue, one that is Owned by Jay Turner and the other by Jack Parrott, as being exempt from the restriction on multi-family use. I am requesting that you Specifically deny these exemptions. I feel that there are enough multi-family dwellings in this neighborhood and further development of multi-family housing will diminish the character of the older homes that now exist. Once again, I request that you deny the exemptions recommended by the Planning Commission regarding the properties listed above. Sincerely, October 1, 1990 The Honorable Mayor Noel C. Taylor and Members of City Council City of Roanoke, VA Dear Mrs. Bowles and Gentlemen: I am writing this letter in protest of two exemptions recommended by the Planning Commission regarding the zoning hearing for the South Roanoke neighborhood. The Planning Commission listed two properties, both in the 2400 block of Wycliffe Avenue, one that is Owned by Jay Turner and the other by Jack Parrott, as being exempt from the restriction on multi-family use. I am requesting that you Specifically deny these exemptions. I feel that there are enough multi-family dwellings in this neighborhood and further development of multi-family housing will diminish the character of the older homes that now exist. Once again, I request that you deny the exemptions recommended by the Planning Commission regarding the properties listed above. Sincerely, C October 1, 1990 The Honorable Mayor Noel C. and Members of City Council City of Roanoke, VA Taylor Dear Mrs. Bowles and Gentlemen: I am writing this letter in protest of two exemptions recommended by the Planning Commission regarding the zoning hearing for the South Roanoke neighborhood. The Planning Commission listed two properties, both in the 2400 block of Wycliffe Avenue, one that is Owned by Jay Turner and the other by Jack Parrott, as being exempt from the restriction on multi-family use. I am requesting that you Specifically deny these exemptions. I feel that there are enough multi-family dwellings in this neighborhood and further development of multi-family housing will diminish the character of the older homes that now exist. Once again, I request that you deny the exemptions recommended by the Planning Commission regarding the properties listed above. Sincerely, ~~ ~ October 1, 1990 The Honorable Mayor Noel C. Taylor and Members of City Council City of Roanoke, VA Dear Mrs. Bowles and Gentlemen: I am writing this letter the Planning Commission Roanoke neighborhood. properties, both in the in protest of two exemptions recommended by regarding the zoning hearing for the South The Planning Commission listed two 2400 block of Wycliffe Avenue, one that is Owned by Jay Turner and the other by Jack Parrott, as being exempt from the restriction on multi-family use. I am requesting that you Specifically deny these exemptions. I feel that there are enough multi-family dwellings in this neighborhood and further development of multi-family housing will diminish the character of the older homes that now exist. Once again, I request that you deny the exemptions recommended by the Planning Commission regarding the properties listed above. Sincerely, October 1, 1990 The Honorable Mayor Noel C. and Members of City Council City of Roanoke, VA Taylor Dear Mrs. Bowles and Gentlemen: I am writing this letter in protest of two exemptions recommended by the Planning Commission regarding the zoning hearing for the South Roanoke neighborhood. The Planning Commission listed two properties, both in the 2400 block of Wycliffe Avenue, one that is owned by Jay Turner and the other by Jack Parrott, as being exempt from the restriction on multi-family use. I am requesting that you specifically deny these exemptions. I feel that there are enough multi-family dwellings in this neighborhood and further development of multi-family housing will diminish the character of the older homes that now exist. Once again, I request that you deny the exemptions recommended by the Planning Commission regarding the properties listed above. Sincerely, 2319 Wycliffe Ave. Roanoke, Virginia ( o3) 342-ooo October 2, 1990 24014 The Honorable Mayor Noel C. Taylor Members of City Council Cit~ of Roanoke, Virginia Dear City Council: Pursuant to the resolution no.25523, zoning in South Roanoke, the deletion of the Turner and Parrott property is not consistent with the goalS of the resolution. I applaud the intention of the resolution, however the deletion of the property in question negates the neighborhoods integrity- I support the petition to deny the exclUsions of the properties in question and request that City Council rezone the area as intended. ncerely, Si _ Burr~ cc: John R. Marlles R~ANJK~ TI~S & NUMBER - 91924181 PUBLISHER*S FEE - ~16'~,20 CITY OF ROANOKE C/O MARY F PARKER CITY CLERKS OFFICE ROOM 456 MUNICIPAL BLOG ROANOKE VA 2401l STATE OF VIRGINIA CITY OF ROANOKE AFFIDAVIT DF PUBLICAFtON It (THE UNDERSIGNED! AN AUTHORIZED REPRESENTATIVE OF THE TIMES-WORLD COR- PORATION9 WHICH CORPORATION IS PUBLISHER OF THE ROANOKE TIMES & WORLD-NEWS9 A DAILY NEWSPAPER PUBLISHED IN ROANOKEt IN THE STATE OF VIRGINIAt DO CERTIFY THAT THE ANNEXED NOTICE WAS PUBLISHEO IN SAID NEWSPAPERS ON THE FOLLOWING OATES 09/21/90 MORNING 09/28/90 MORNING WITNESSt THIS IST DAY OF OCTOBER i990 pure. lC HI.lIMO TO W IT ~Y ~N: NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant to the provisions of Article VII of Chapter 36.1, Code of the City of Roanoke (1979), as amended, the Council of the City of Roanoke will hold a Public Hearing on Monday, October 8, 1990, at 7:30 p.m., in the Council Chamber in the Municipal Building, 215 Church Avenue, S. W., on the question of rezoning the following properties in the following respects: From RM-1, Residential Multifamily, Low Density District to RS-3, Residential Single-Family District, those one hundred thirty one (131) parcels of land lying approxi- mately south of 22nd Street, S.W., and north of 26th Street, S.W., and approximately west of Rosalind Avenue, S.W., and east of Avenham Avenue, S.W., more particular- ly described in the Petition for Rezoning filed in the Office of the City Clerk for the City of Roanoke; and From RM-2, Residential Multi-Family, Medium Density District, to RS-3, Residential Single-Family District, the following properties: those nine (9) parcels of land lying on the south side of Rosalind Avenue, S.W., just east of 24th Street, S.W., and just west of 23rd Street, S.W., more particularly described in the Petition for Rezoning filed in the Office of the City Clerk for the City of Roanoke; and From RM-2, Residential Multi-Family, Medium Density District, to RM-1, Residential Multi-Family, Low Density District, those twenty two (22) parcels of land lying on the south side of Broadway Avenue, S.W., between Longview Avenue, S.W., and McClanahan Avenue, S.W., said parcels more particularly described in the Petition for Rezoning filed in the Office of the City Clerk for the City of Roanoke. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. All parties in interest may appear on the above date and be heard on the question. GIVEN under my hand this 19th day of September , 1990. Mary F. Parker, City Clerk Please publish in full twice, once on Friday, 1990, and once on Friday, September 28, 1990, Times & World News, Morning Edition. September 21, in the Roanoke Please send bill and publisher's affidavit to: Ms. Mary F. Parker, City Clerk Room 456, Municipal Building Roanoke, Virginia 24011 Office of the City Clerk September 24, 199~ File #51 ~r. ~ichael ~. ~'aldvogel, City Planning Commission RoanoKe, Virginia Chairman Oear ~r. 2alavogel: 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 the Planning Commission to rezone 131 parcels of land lying approximately south of 22nd Street, S. ~., north of 26th Street, approximately west of Rosalind Avenue, and east of Avenham Avenue, from ~-1, Residential Multi-Family, Low Density District, to R$-3, Re~identia! Single Family District; to rezone nine parcels of land lying on the south side of Rosalind Avenue, $. ~., between 24tt~ Stree~ and 23rd Street, from R~-2, ~esiden~al Multi-~amily, Medium Density District, ~o RS-3, Reside~tial Single Family District. Pursuant to Resolution ~o. 25523 adopted by the Council of the City of Roanoke at a regular meeting held on ~onday, April 6, 198~, a public hearing on the aDovedescribed request has been set for ~onday, October 8, 1990. at 7:30 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. ~,. ~or your information, I am also enclosing copy of a notice of the public hearing. Questions with regard to the City Planning Commission report should be directed to ~r. John R. Marlles, Cater of Community Planning, at 981-2344. ~FP:ra PUBLIC37 Sincerely, Mary F. Parker, CMC/AA'E City Clerk Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Mr. Michael M. ~aldvogel September 24, 1990 Page 2 BTB Ventures, 3563 Peakwood Drive, S. ~., Roanoke, Virginia 24014 Mr. Stuart F. Smith and Mr. J. ~ysor Smith, Jr., P. O. Box 13781, Roanoke, Virginia 24034 Ms. Ann H. Gooch, 2302 Avenham Avenue, S. ~., Roanoke, Virginia 24014 Mr. ~ Mrs. Thomas V. Fields, 2310 Avenham Avenue, S. ~., Roanoke, Virginia 24014 Ms. Mildred M. Feuer, 2318 Avenham Avenue, S. ~.. Roanoke, Virginia 24014 Mr. Harry M. Victorine, 2322 Avenham Avenue, S. ~., Roanoke, Virginia 24014 Ms. Margaret P. Scott, et al, Mr. Peyton N. Shaner, 3635 Crooked Oak Lane, ~inston-Salem, North Carolina 27106 Ms. Elinor B. ~cCorkindale and Ms. Susan ~ebb, 801 Red Lane, Salem, Virginia 24153 Mr. & Mrs. Harry K. Varner, 2301 Wycliffe Avenue, S. Roanoke, Virginia 24014 Mr. & Mrs. Raymond R. Miller, 2305 ~ycliffe Avenue, S. W., Roanoke, Virginia 24014 Mr. & Mrs. Barry T. Shelley, 2307 Wycliffe Avenue, S. Roanoke, Virginia 24014 Mr. & Mrs. Edward R. Barnes, 2311 Wycliffe Avenue, S. Roanoke, Virginia 24014 Mr. & ~rs. Jonathan A. Collins, 2315 Wycliffe Avenue, S. Roanoke, Virginia 24014 Mr. & Mrs. Thomas K. Burr, 2319 Wycliffe Avenue, S. Roanoke, Virginia 24014 Mr. & Mrs. John M. Sykes, 509 - 24th Street, S. W., Roanoke Virginia 24014 Mr. & Mrs. Robert C. Hailey, 2517 South Jefferson Street Roanoke, Virginia 24014 Mr. & Mrs. Clayton L. Preas, 501 24th Street, S. W. Roanoke, Virginia 24014 Mr. & Mrs. James M. Turner, P. O. Box 1020, Salem, Virginia 24153 Mr. Eugene H. Cassell, Jr., 2413 ~ycliffe Avenue, S. W. Roanoke, Virginia 24014 Ms. Deborah N. Mattern, 2419 Wycliffe Avenue, S. Roanoke, Virginia 24014 Mr. & Mrs. Paul L. Reid, 2429 Wycliffe Avenue, S. Roanoke, Virginia 24014 Ms. Sherrie M. Boone, 2202 Wycliffe Avenue, S. ~., Roanoke Virginia 24014 Mr. ~illiam K. Burton, 2206 Wycliffe Avenue, S. ~., Roanoke Virginia 24014 Mr. & Mrs. Billy E. Erazier, 2210 Wycliffe Avenue, S. Roanoke, Virginia 24014 Mr. Michael M. ~aldvogel September 24, 1990 Page 3 Mr. Harvey L. Hotinger, Roanoke, Virginia 24014 Ms. Joann H. Moore, Virginia 24014 Ms. Carol C. Lawson, Virginia 24014 Ms. Helen T. Johnson, Virginia 24014 III, 2214 Wycliffe Avenue, S. W., 2218 ~ycliffe Avenue, S. W., Roanoke, 2222 ~ycliffe Avenue, S. ~., Roanoke, 2226 Wycliffe Avenue, S. ~., Roanoke, ~atermark Properties, P. O. Box 90, Roanoke, Virginia 24002 Mr. & Mrs. Laurence M. Levy, 2232 Wycliffe Avenue, S. ~., Roanoke, Virginia 24014 Mr. & Mrs. ~. Gene ~atson, 2311 Rosalind Avenue, S. Roanoke, Virginia 24014 Mr. & Mrs. ~esley P. Frye, 2209 Carolina Avenue, S. ~., Roanoke, Virginia 24014 Mr. & Mrs. Landon G. Buchanan, 358 West Campbell Avenue, Roanoke, Virginia 24016 Mr & Mrs. Ronald ~. Dillon, 5233 Archer Drive, S. ~., Roanoke, Virginia 24014 Ms ~argaret C. Ferguson, 2221 Carolina Avenue, S. ~., Roanoke, Virginia 24014 Mr Alfred P. Moore, Jr., and Ms. Alice J. Moore, 2223 Carolina Avenue, S. ~., Roanoke, Virginia 24014 Mr & Mrs. Wilmer H. Carper, 2227 Carolina Avenue, S. ~., Roanoke, Virginia 24014 Mr Henry G. Simpson, Jr., 2231 Carolina Avenue, S. ~., Roanoke, Virginia 24014 Mr Joseph N. Harker, Jr., and Ms. Ressie B. Harker, 2302 ~ycliffe Avenue, S. ~., Roanoke, Virginia 24014 Mr Jerome R. Freund, 2306 ~ycliffe Avenue, S. ~., Roanoke Virginia 24014 Mr. Robert M. Baldwin, 2319 Carolina Avenue, S. W., Roanoke Virginia 24014 Mr. Berkeley B. Cundiff, Jr., 2128 Carolina Avenue, S. Roanoke, Virginia 24014 Mr. & Mrs. Philip R. Jepson, 2327 Carolina Avenue, S. Roanoke, Virginia 24014 Mr. Frances F. Hylton, 2331 Wycliffe Avenue, S. W., Roanoke Virginia 24014 Mr. & Mrs. Bobby L. Lindsey, 2308 Wycliffe Avenue, S. Roanoke, Virginia 24014 Mr. Earl A. Mitchell, Jr., and Ms. Nadine C. Mitchell, 2312 ~ycliffe Avenue, S. ~., Roanoke, Virginia 24014 ~r. John D. Baldridge, III, and Ms. Mary Catherine Ewart, 202 Darwin Road, S. ~., Roanoke, Virginia 24014 Mr. & Mrs. George P. Remaine, 2320 Wycliffe Avenue, S. W., Roanoke, Virginia 24014 Mr. Michael M. ~aldvogel September 24, 1990 Page 4 Mr. and Mrs. ~illiam C. ~oodard, 2324 Wycliffe Avenue, S. ~., Roanoke, Virginia 24014 Mr. Gary H. Gilmer, 2330 Wycliffe Avenue, S. W., Roanoke, Virginia 24014 Ms. Mary H. Pyrtle and Ms. Janet P. Calary, 2301 Carolina Avenue, S. W., Roanoke, Virginia 24014 Ms. Martha B. Brown, 2315 Wycliffe Avenue, S. ~., Roanoke, Virginia 24014 Mso Betty B. Parrott, 714 ~ildwood Road, S. ~., Roanoke, Virginia 24014 Ms. Mary J. Meier and Ms. May M. Justice, P. ©. Box 8066, Roanoke, Virginia 24014 Mr. Donald G. Smith, Jr., and Ms. Barbara K. Smith, 2412 ~ycliffe Avenue, S. ~., Roanoke, Virginia 24014 Mr. & Mrs. Gilbert E. Butler, Roanoke, Virginia 24014 Mr. ½illiam L. Allman and Ms. Lane, Virginia Beach, Virginia Mr. & Mrs. J. Patrick Rudd, Roanoke, Virginia 24014 Mr. & Mrs. Harold T. Freed, Roanoke, Virginia 24014 2415 Wycliffe Avenue, S. W., Jennie T. Allman, 1625 Godfrey 23454 2430 Wycliffe Avenue, S. ~., 2405 Carolina Avenue, S. ~. Ms E. Claire Kennett, 2409 Carolina Avenue, S. ~., Roanoke Virginia 24014 Mr & Mrs. R. Jay Irons, 2413 Carolina Avenue, S. Roanoke, Virginia 24014 Mr Bruce C. Ellett, 2417 Carolina Avenue, S. ~., Roanoke Virginia 24014 Mr Germaine Pritchett, 2421 Carolina Avenue, S. Roanoke, Virginia 24014 Mr James T. Hopkins, III, 2425 Carolina Avenue, S. Roanoke, Virginia 24014 Mr. & Mrs. John ~. Landis, c/o Ms. Marcia L. Bryant, 1818 Electric Road, S. W., Roanoke, Virginia 24018 Mr. & Mrs. Billy F. Williams, Route 2, Box 233, Goodview, Virginia 24095 Mr. Clyde P. Moore, 2302 Carolina Avenue, S. W., Roanoke, Virginia 24014 Mr. Frank M. Tinsley, Jr., and Ms. Deborah K. Tinsley, 2306 Carolina Avenue, S. ~., Roanoke, Virginia 24014 Ms. Odella B. Rosenberger, 2310 Carolina Avenue, S. ~., Roanoke, Virginia 24014 Mr. & Mrs. Barry V. ~oodford, 2314 Carolina Avenue, S. Roanoke, Virginia 24014 Ms. Norma C. Gibbons, 2318 Carolina Avenue, S. W., Roanoke, Virginia 24014 Mr. & Mrs. Gregor J. Haley, 2322 Carolina Avenue, S. Roanoke, Virginia 24014 Mr. Michael M. ~aldvogel September 24, 1990 Page 5 Mr. Thomas S. Trinkle, 2326 Carolina Avenue, S. ~o, Roanoke Virginia 24014 Mr. & Mrs. Lilburn E. ~ard, Iii, 2330 Carolina Avenue, S. ~., Roanoke, Virginia 24014 Ms. Robbie H. Burton, 2301 Rosalind Avenue, S. ~., Roanoke Virginia 24014 Mr. & Mrs. William G. ~atson, 2311 Rosalind Avenue, S. ~. Roanoke, Virginia 24014 Mr & ~rs. Roy G. Foster, 2321 Rosalind Avenue, S. ~. Roanoke, Virginia 24014 Mr Terry E. Parsell and Ms. Dianne M. Zeigler, 713 First Street, S. ~., Roanoke, Virginia 24016 Mr & Mrs. C. Ross Lemon, 2402 Carolina Avenue, S. ~. Roanoke, Virginia 24014 Ms Dorothy F. Leonard, 2408 Carolina Avenue, S. ~. Roanoke, Virginia 24014 Ms ~yrtle T. ~ertz, c/o Ur. Bebe Wertz, Route 6, Box 75-A Rocky Mount, Virginia 24151 Ms ~argaret Booth, 2416 Carolina Avenue, S. W., Roanoke Virginia 24014 Ms. Judy P. ~'ebber, 2422 Carolina Avenue, S. ~., Roanoke Virginia 24014 Ms. June B. Quarles, 325 25th Street, S. ~., Roanoke Virginia 24014 Trustees, South Roanoke Baptist C~urch, P. O. Box 8116, Roanoke, Virginia 24014 Mr. & Mrs. Thomas ~. Roberts, Jr., 2417 Rosalind Avenue, S. ~., Roanoke, Virginia 24014 Ms. Nellie E. Minahan, 2421 Rosalind Avenue, S. W., Roanoke Virginia 24014 Mr. & Mrs. ~illiam R. Holland, Roanoke, Virginia 24014 ~r. & Mrs. Claude M. Lauck, Roanoke, Virginia 24014 Ms. Linda C. Barnett, 315 Virginia 24014 2425 Rosalind Avenue, S. ~. 2429 Rosalind Avenue, S. ~. 25th Street, S. ~., Roanoke Ark Associates, c/o Ms. Jennie Allman, 1625 Godfrey Lane Virginia Beach, Virginia 23454 ~s. Jo Ann Hazelgrove, 2408 Rosalind Avenue, S. ~., Roanoke Virginia 24014 Mr. & Mrs. John M. Flannagan, Roanoke, Virginia 24014 ~r. & Mrs. Michael B. ~eaver, Roanoke, Virginia 24014 Mr. & Mrs. Nicholas C. Conte, Roanoke, Virginia 24014 2412 Rosalind Avenue, S. ~. 2416 Rosalind Avenue, S. ~. 2420 Rosalind Avenue, S. ~. Mr. Michael M. Waldvogel September 24, 1990 Page 6 Mr. & Mrs. Robert M. Groth, 2424 Rosalind Avenue, S. Roanoke, Virginia 24014 Mr. & Mrs. Stephen A. Hoover, 2430 Rosalind Avenue, S. Roanoke, Virginia 24014 Mr. & Mrs. Robert A. Webb, 2502 Avenham Avenue, S. Roanoke, Virginia 24014 Ms. Doris L. Magee, Mr. A. Carter Magee, Jr., and Mr. Richard W. Magee, 2510 Avenham Avenue, S. W., Roanoke, Virginia 24014 Mr. David H. Bromm, 2514 Avenham Avenue, S. W., Roanoke, Virginia 24014 Mr. & Mrs. Claude S. Wilkinson, 2520 Avenham Avenue, S. Roanoke, Virginia 24014 Ms. Julia M. Wood and Ms. Katherine L. ~ood, 2501 Wycliffe Avenue, S. W., Roanoke, Virginia 24014 Ms. Virginia S. Trinkle, 2509 Wycliffe Avenue, S. Roanoke, Virginia 24014 Mr. & Mrs. William B. Hammond, 2515 Wycliffe Avenue, S. Roanoke, Virginia 24014 Mr. & Mrs. Thomas C. Moore, 2521 Wycliffe Avenue, S. Roanoke, Virginia 24014 Mr. & Mrs. John ~. Starr, 2529 ~ycliffe Avenue, S. Roanoke, Virginia 24014 Ms. Ruth Griggs, 2502 Wycliffe Avenue, S. W., Roanoke Virginia 24014 Ms. Mary M. ~alters, c/o Ms. Mary M. Thomas, 2510 Wycliffe Avenue, S. ~., Roanoke, Virginia 24014 Mr. & Mrs. Lucian Y. Grove, 2516 Wycliffe Avenue, S. Roanoke, Virginia 24014 Mr. & Mrs. Arthur H. Light, 2524 Wycliffe Avenue, S. Roanoke, Virginia 24014 Ms. Virginia W. Hale, 2530 Wycliffe Avenue, $. W., Roanoke, Virginia 24014 Mr. Alan B. Stone~ 2501 Carolina Avenue, S. W., Roanoke, Virginia 24014 Mr. Thomas R. Cunningham and Ns. Eleanor M. Gillespie, 2507 Carolina Avenue, S. W., Roanoke, Virginia 24014 Mr. & Mrs. William A. Martin, 2511 Carolina Avenue, S. Roanoke, Virginia 24014 Mr. & Mrs. Leslie L. Stennett, Sr., 2515 Carolina Avenue, S. W., Roanoke, Virginia 24014 Busch Properties, Inc., One Busch Place, St. Louis, ~issouri 63118 Mr. & Mrs. David R. Nash, 2523 Carolina Avenue, S. Roanoke, Virginia 24014 Mr. & Hrs. William R. OtConnor, 2902 Crystal Spring Avenue, S. W., Roanoke, Virginia 24014 Mr. Michael M. ~aldvogel September 24, 1990 Page 7 Mr. Robert K. France and Ms. Ruth ~. Doan, 2502 Carolina Avenue, S. ~., Roanoke, Virginia 24014 Mr. & Mrs. Ronald H. Hart, 2512 Carolina Avenue, S. ~., Roanoke, Virginia 24014 Mr. ~ ,Hrs. Watson H. Ellett, 2518 Carolina Avenue, S. Roanoke, Virginia 24014 D & D Associates, 711Cassell Lane, S. W., Roanoke, Virginia 24014 Mr. & Mrs. Melvin C. ~illiams, 2530 Carolina Avenue, $. Roanoke, Virginia 24014 Mr. Samuel H. Francis and Mr. John W. Francis, 68 Dale Drive, Chatham, New Jersey 07928 Mr. & Mrs. Lewis J. Pillis, 2310 Rosalind Avenue, S. ~., Roanoke, Virginia 24014 ,Ms. Jane B. Farnum, 2314 Rosalind Avenue, So ~., Roanoke, ~irginia 24014 Ms. Deborah ~. ~oodhall, 2318 Rosalind Avenue, S. W., Roanoke, Virginia 24014 Mr. Seldon S. Edmunds and Mr. Gene Brumfield, 2322 Rosalind Avenue, S. ~., Roanoke, Virginia 24014 Mr. ~illiam H. Robison, 3744 Peakwood Drive, S. ~., Roanoke, Virginia 24014 Mr. Edney H. Saunders, C. ~. Francis & Son, 120 Kirk Avenue, S. ~., Roanoke, Virginia 24011 Mr. Wayne G. Strickland, Executive Director, Fifth Planning District Commission, P. ©. Box 2569, Roanoke, Virginia 24010 ~r. ~. Robert Herbert, City Manager Mr. ~ilburn C. Dibling~ Jr., City Attorney Mr. Steven J. Talevi, Assistant City Attorney Mr. Von ~. Woody, III, Director of Real Estate Valuation Mr. Michael M. ~aldvogel, Chairman, City Planning Commission Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals Mr. ~illiam Fo Clark, Director of Public Works Mr. Kit B. Kiser, Director of Utilities and Operations ~r. Charles M. Huffine, City Engineer ~r. Ronald H. Miller, Building Commissioner and Zoning Administrator Mr. John R. ~arlles, Agent/Secretary, City Planning Commission Ms. Doris Layne, Office of Real Estate Valuation Office of the City Clerk August 20, 1990 File #51 Mr. John R. Marlles Agent/Secretary City Planning Commission Roanoke, Virginia Dear Mr. Marlles: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a petition from the Roanoke City Planning Commission, represented by Mr. Michael M. ~aldvogel, Chairman, requesting that 131 parcels of land lying approximately south of 22nd Street and north of 26th Street, S. W., and approximately west of Rosalind Avenue and east of Avenham Avenue, S. 0., De rezoned from RM-1, Residential Multi-Family, Low Density District, to RS-3, Residential Single Family District; and that nine parcels of land lying on the south side of Rosalind Avenue, S. ~., just east of 24th Street and just ~est of 23rd Street, S. W., be rezoned from R¥-2, Residential Multi-Family, Medium Density District, to RS-3, Residential Single Family District. Sincerely, Mary F. Parker, CMC/AAE City Cler~ MFP:ra REZONE3? pc: Mr. Michael M. Waldvogel, Chairman, City Planning Commission, 3526 Penarth Road, S. W., Roanoke, Virginia 24011 Mr. Ronald H. Miller, Zoning Administrator Mr. Steven J. Talevi, Assistant City Attorney Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981.2541 TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE REZONING REQUEST OF: Rezoning of one hundred thirty-one (131) parcels of land lying approximately south of) 22nd Street, S.W., and north of 26th Street,) S.W., and approximately west of Rosalind Avenue, S.W., and east of Avenham Avenue, S.W., from RM-1, Residential Multifamily Low Density District, to RS-3, Residential Single Family District; an~ rezoning of nine (9) parcels of land lying on the south side of Rosalind Avenue, S.W., just east of 24th Street, S.W., and just west of 23rd Street, S.W., from RM-2, Residential Multifamily Medium Density District, to RS-3, Residen- tial Single Family District. 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 Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of ~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 21st of August, 1990, notices of a public hearing to be held on the 5th day of September, 1990, on the rezoning captioned above to the owner or agent of the parcels listed on the attached sheets at their last known address. ~Martha Pate Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 21st day of August, 1990. Notary Pub 1 i~" My Commission Expires: Tax Number 1050708 1050709 1050710 1051201 1051202 1051203 1051204 1051205 1051215 1051206 1051207 1051208 Property Owners RM-1 to RS-3 .Owner's Name/Addres~ BTB Ventures 3563 Peakwood Drive, Roanoke, VA 24014 SW Stuart F. Smith J. Wysor Smith, Jr. P. O. Box 13781 Roanoke, VA 24034 Ann H. Gooch 2302 Avenham Avenue, SW Roanoke, VA 24014 Thomas V. and Lynne Fields 2310 Avenham Avenue, SW Roanoke, VA 24014 Mildred M. Feuer 2318 Avenham Avenue, SW Roanoke, VA 24014 Harry M. Victorine 2322 Avenham Avenue, Roanoke, VA 24014 SW Margaret p. Scott, Et al Peyton N. Shaner 3635 Crooked Oak Lane Winston-Salem, NC 27106 Elinor B. McCorkindale Susan Webb 801 Red Lane Salem, VA 24153 Harry K. and Lacey p. Varner 2301 Wycliffe Avenue Roanoke, VA 24014 Ra~mond R. and Inez Miller 2305 Wycliffe Avenue, SW Roanoke, VA 24014 Barry T. and Lucy B. Shelley 2307 Wycliffe Avenue, SW Roanoke, VA 24014 Tax Number 1051209 1051210 1051211 1051212 1051213 1051214 1052008 1052010 1052011 1052015 1050801 1050802 1050803 1050804 Owner's Name/Address Edward R. and Carolyn J. 2311 Wycliffe Avenue, SW Roanoke, VA 24014 Barnes Jonathan A. and Betty Jane Collins 2315 Wycliffe Avenue, SW Roanoke, VA 24014 Thomas K. and Stephanie S. Burr 2319 Wycliffe Avenue, SW Roanoke, VA 24014 John M. and Laurel M. 509 24th Street, SW Roanoke, VA 24014 Sykes Robert C. anc Cornelia Hailey 2517 S. Jefferson Street Roanoke, VA 24014 Clayton L. and Mary Beth Preas 501 24th Street, SW Roanoke, VA 24014 James M. and Suzette S. Turner P. O. Box 1020 Salem, VA 24153 Eugene H. Cassell, Jr. 2413 Wycliffe Avenue, SW Roanoke, VA 24014 Deborah N. Mattern 2419 Wycliffe Avenue, Roanoke, VA 24014 SW Paul L. and Louise M. Reid 2429 Wycliffe Avenue, SW Roanoke, VA 24014 Sherrie M. Boone 2202 Wycliffe Avenue, SW Roanoke, VA 24014 William K. Burton 2206 Wycliffe Avenue, Roanoke, VA 24014 SW Billy E. and Naomi C. Frazier 2210 Wycliffe Avenue, SW Roanoke, VA 24014 Harvey L. Hotinger,III 2214 Wycliffe Avenue, SW Roanoke, VA 24014 Tax Number 1050805 1050806 1050807 1050808 1050809 1050810 1050811 1050812 1050813 1050814 1050815 1050816 1050817 Owner's Name/Address Joann H. Moore 2218 Wycliffe Avenue, Roanoke, VA 24014 SW Carol C. Lawson 2222 Wycliffe Avenue, SW Roanoke, VA 24014 Helen T. Johnson 2226 Wycliffe Avenue, SW Roanoke, VA 24014 Watermark Properties P. O. Box 90 Roanoke, VA 24002 Laurence M. and Kristen A. 2232 Wycliffe Avenue, SW Roanoke, VA 24014 Levy W. Gene and Delores W. Watson 2311 Rosalind Avenue, SW Roanoke, VA 24014 Wesley p. and Ruth N. Frye 2209 Carolina Avenue, SW Roanoke, VA 24014 Landon G. and Ruth R. Buchanan 358 W. Campbell Avenue Roanoke, VA 24016 Ronald W. and Ann B. Dillon 5233 Archer Drive, SW Roanoke, VA 24014 Margaret G. Ferguson 2221 Carolina Avenue, SW Roanoke, VA 24014 Alfred P. Moore, Jr. Alice J. Moore 2223 Carolina Avenue, Roanoke, VA 24014 SW Wilmer H. and Leona A. Carper 2227 Carolina Avenue, SW Roanoke, VA 24014 Henry G. Simpson, Jr. 2231 Carolina Avenue, Roanoke, VA 24014 SW Tax Number 1051301 1051302 1051314 1051315 1051316 1051317 1051303 1051304 1051305 1051306 1051307 1051308 1051309 1051310 1051312 Owner's Name/Address Joseph N. Harker, Jr. Ressie B. Harker 2302 Wycliffe Avenue, Roanoke, VA 24014 SW Jerome R. Freund 2306 Wycliffe Avenue, SW Roanoke, VA 24014 Robert M. Baldwin 2319 Wyc~if~fe Avenue, Roanoke, VA 24014 SW Berkeley B. Cundiff, Jr. 2128 Carolina Avenue, SW Roanoke, VA 24014 Philip R. and Maye H. Jepson 2327 wye-l-~-Aven~e, SW ~ Roanoke, VA 24014 Frances F. Hylton 2331 W¥~.liffe Avenue, Roanoke, VA 24014 SW Bobby Lee and Sue J. Lindsey 2308 Wycliffe Avenue, SW Roanoke VA 24014 Earl A. Mitchell, Jr. Nadine C. Mitchell 2312 Wycliffe Avenue, Roanoke, VA 24014 SW John Duke Baldridge, III Mary Catherine Ewart 202 Darwin Road, SW Roanoke, VA 24014 George P. and Harriet R. 2320 Wycliffe Avenue, SW Roanoke, VA 24014 Remaine William C. and Dorothy S. 2324 Wycliffe Avenue, SW Roanoke, VA 24014 Woodard Gary H. Gilmer 2330 Wycliffe Avenue, Roanoke, VA 24014 SW Mary H. Pyrtle Janet P. Calary 2301 Carolina Avenue, SW Roanoke, VA 24014 Tax Number 1051313 1052101 1052102 1052103 1052104 1052105 1052106 1052107 1052108 1052109 1052110 1052111 1052112 1052113 Owner's Name/Address Martha B. Brown 2315 Wy~-l~-f~eAven~e, Roanoke, VA 24014 SW Betty Brooke Parrott 714 Wildwood Road, SW Roanoke, VA 24014 Mary J. Meier and May M. P. O. Box 8066 Roanoke, VA 24014 Justice Donald G. Smith, Jr. Barbara K. Smith 2412 Wycliffe Avenue, Roanoke, VA 24014 SW Gilbert E. and Margaret M. 2416 Wycliffe Avenue, SW Roanoke, VA 24014 Butler William L. Allman Jennie T. Allman 1625 Godfrey Lane Virginia Beach, VA 23454 J. Patrick and Tracy K. Rudd 2430 Wycliffe Avenue, SW Roanoke, VA 24014 Harold T. and Mary R. Freed 2405 Carolina Avenue, SW Roanoke, VA 24014 E. Claire Kennett 2409 Carolina Avenue, Roanoke VA 24014 SW R. Jay and Paula Z. Irons 2413 Carolina Avenue, SW Roanoke, VA 24014 Bruce C. Ellett 2417 Carolina Avenue, Roanoke, VA 24014 SW Germaine Pritchett 2421 Carolina Avenue, SW Roanoke, VA 24014 James T. Hopkins, III 2425 Carolina Avenue, Roanoke, VA 24014 SW Tax Number 1052114 1052115 1051401 1051403 1051404 1051405 1051406 1051407 1051408 1051410 1051411 1051412 1051413 1051414 Owner's Name/Addresw John W. and Muriel T. S. c/o Marcia L. Bryant 1818 Electric Road, SW Roanoke, VA 24018 Landis Billy F. and Vera B. Route 2, Box 233 Goodview, VA 24095 Williams Clyde p. Moore 2302 Carolina Avenue, Roanoke, VA 24014 SW Frank M. Tinsley, Jr. Deborah K. Tinsley 2306 Carolina Avenue, SW Roanoke, VA 24014 Odella B. Rosenberger 2310 Carolina Avenue, Roanoke, VA 24014 SW Barry V. and Sandra C. Woodford 2314 Carolina Avenue, SW Roanoke, VA 24014 Norma C. Gibbons 2318 Carolina Avenue, Roanoke, VA 24014 SW Gregor J. and Michele A. Haley 2322 Carolina Avenue, SW Roanoke, VA 24014 Thomas C. Trinkle 2326 Carolina Avenue, SW Roanoke, VA 24014 Lilburn E. Ward, III Kitty Lou Ward 2330 Carolina Avenue, Roanoke, VA 24014 SW Robbie H. Burton 2301 Rosalind Avenue, SW Roanoke, VA 24014 William G. and Delores J. 2311 Rosalind Avenue, SW Roanoke, VA 24014 Watson Roy George and Royce p. Foster 2321 Rosalind Avenue, SW Roanoke, VA 24014 Tax Number 1051415 1052201 1052203 1052204 1052205 1052206 1052207 1052209 1052210 1052211 1052212 1052213 1052214 1052215 Owner's Name/Address Terry E. Parsell Dianne M. Zeigler 713 1st Street, SW Roanoke, VA 24016 C. Ross and Rosemary S. Lemon 2402 Carolina Avenue, SW Roanoke, VA 24014 Dorothy F. Leonard 2408 Carolina Avenue, Roanoke, VA 24014 SW Myrtle T. Wertz c/o Bebe Wertz Route 6, Box 75-A Rocky Muont, VA 24151 Margaret Booth 2416 Carolina Avenue, Roanoke, VA 24014 SW Judy p. Webber 2422 Carolina Avenue, SW Roanoke, VA 24014 June B. Quarles 325 25th Street, SW Roanoke, VA 24014 Trustees, South Roanoke Baptist Church P. O. Box 8116 Roanoke, VA 24014 Thomas W. Roberts, Jr. Robin R. Roberts 2417 Rosalind Avenue, SW Roanoke, VA 24014 Nellie E. Minahan 2421 Rosalind Avenue, Roanoke, VA 24014 SW William R. and Irma G. Holland 2425 Rosalind Avenue, SW Roanoke, VA 24014 Claude M. and Susan K. Lauck 2429 Rosalind Avenue, SW Roanoke, VA 24014 Linda C. Barnett 315 25th Street, SW Roanoke, VA 24014 Tax Number 1052301 1052302 1052303 1052304 1052305 1052306 1052307 1060301 1060302 1060305 1060303 1060304 1060306 1060307 Owner's Name/Address Ark Associates c/o Jennie Allman 1625 Godfrey Lane Virginia Beach, VA 23454 Jo Ann Hazelgrove 2408 Rosalind Avenue, Roanoke, VA 24014 SW John M. and Deborah p. Flannagan 2412 Rosalind Avenue, SW Roanoke, VA 24014 Michael B. and Kimberly C. Weaver 2416 Rosalind Avenue, SW Roanoke, VA 24014 Nicholas C. and Alison A. COnte 2420 Rosalind Avenue, SW Roanoke, VA 24014 Robert M. and Mary M. Groth 2424 Rosalind Avenue, SW Roanoke, VA 24014 Stephen A. and Jane B. Hoover 2430 Rosalind Avenue, SW Roanoke, VA 24014 Robert A. and Sara I. Webb 2502 Avenhan Avenue, SW Roanoke, VA 24014 Doris L. Magee A. Carter Magee, Jr. Richard W. Magee 2510 Avenham Avenue, SW Roanoke, VA 24014 David H. Brom 2514 Avenham Avenue, Roanoke, VA 24014 SW Claude S. and Terry M. Wilkinson 2520 Avenham Avenue, SW Roanoke, VA 24014 Julia M. Wood Katherine L. Wood 2501 Wycliffe Avenue, Roanoke, VA 24014 SW Virginia S. Trinkle 2509 Wycliffe Avenue, SW Roanoke, VA 2401.~ Tax Number 1060310 1060311 1060312 1060401 1060402 1060403 1060404 1060405 1060406 1060407 1060408 1060409 1060410 Owner's Name/Addres~ William B. and Marie P. Hammond 2515 Wycliffe Avenue, SW Roanoke, VA 24014 Thomas C. and Susan N. Moore 2521 Wycliffe Avenue, SW Roanoke, VA 24014 John W. and Linda S. Starr 2529 Wycliffe Avenue, SW Roanoke, VA 24014 Ruth Griggs 2502 Wycliffe Avenue, Roanoke, VA 24014 SW Mary M. Walters c/o Mary M. Thomas 2510 Wycliffe Avenue, SW Roanoke, VA 24014 Lucian y. and Tammy H. Grove 2516 Wycliffe Avenue, SW Roanoke, VA 24014 Arthur H. and Sarah A. Light 2524 Wycliffe Avenue, SW Roanoke, VA 24014 Virginia W. Hale 2530 Wycliffe Avenue, SW Roanoke, VA 24014 Alan H. Stone 2501 Carolina Avenue, Roanoke, VA 24014 SW Thomas R. Cunningham Eleanor M. Gillespie 2507 Carolina Avenue, SW Roanoke, VA 24014 William A. and Shirley W. 2511 Carolina Avenue, SW Roanoke, VA 24014 Martin Leslie L. Stennett, Sr. Zoe Hewitt-Stennett 2515 Carolina Avenue, SW Roanoke, VA 24014 Busch Properties, Inc. One Busch Place St. Louis, MO 63118 Tax Number 1060412 1060414 1060501 1060502 1060503 1060505 1060506 1060508 Property Owners RM-2 to RS-3 Tax No. 1051501 1051502 1051503 1051504 1051505 1051506 Owner's Name/Address David R. and Patricia M. Nash 2523 Carolina Avenue, SW Roanoke, VA 24014 William R. O'Connor 2902 Crystal Spring Avenue, SW Roanoke, VA 24014 Robert K. France Ruth A. Doan 2502 Carolina Avenue, Roanoke, VA 24014 SW Ronald H. and Charlotte C. 2512 Carolina Avenue, SW Roanoke, VA 24014 Hart Watson H. and Katerhine B. 2518 Carolina Avenue, SW Roanoke, VA 24014 Ellett D & D Associates 711 Cassell Lane, SW Roanoke, VA 24014 Melvin C. and Carol R. Williams 2530 Carolina Avenue, SW Roanoke, VA 24014 Nam~eand Address Samuel H. Francis John W. H. Francis 68 Dale Drive Chatham, NJ 07928 Lewis J. and Karen H. Pillis 2310 Rosalind Avenue, SW Roanoke, VA 24014 Jane B. Farnum 2314 Rosalind Avenue, SW Roanoke, VA 24014 Deborah W. Woodhall 2318 Rosalind Avenue, Roanoke, VA 24014 SW 1051507 1051508 1051519 Seldon S. Edmunds Gene Brumfield 2322 Rosalind Avenue, Roanoke, VA 24014 SW William H. Robison 3744 Peakwood Drive, Roanoke, VA 24014 SW Edney H. Saunders c/o C. W. Francis & Son 120 Kirk Avenue, SW Roanoke, VA 24011 Office of the City Clerk ~ctober 24, 1990 File #15-207 Hr. ~. Bolling [zard 3646 Ridgewood Lane, S. Roanoke, Virginia 24014 Dear Hr. Izard: I am enclosing copy of Resolution No. 30287-102290 reappointinq you as a Director of the Industrial Development Authority of the City of Roanoke, for a term of four years commencing October 21, 1990, and ending October 20, 1994. Resolution No. $0287-102290 was adopted by the Council of the City of ~oanoke at a regular meeting held on Monday, October 22, 1990. Enclosed you will find a certificate of your reelection a~d an Oath or Affirmation of Office ~hich may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. ~. Please return one copy of the Oath of Office to Room 456 in the Municipal Building prior to serving in the capacity to which you were reelected. For your information and pursuant to Section 2.1-341.1, Code of Virginia (1950), as amended, I am enclosing copy of the Freedom of Information Act. Sincerely, ~,~,~c~ Mary F. Parker, CMC/AAE City Clerk MFP:ra Eric . pc: ~r. Jack C. Smith, Chairman, [ndust'rial Development Authority, 201 Park Crest Road, S. ~., Roanoke, Virginia 24014 ~s. Margaret C. Baker, Secretary, Industrial Development Authority, c/o Roanoke Regiona! Chamber of Commerce, 310 First Street, S. ~., Roanoke, Virginia 24011 Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-25~1 CO~M©N~EALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Mary 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 twenty-second day of October, 1990, W. BOLLING IZARD ~s reappointed as a Director of the Industrial Development Authority of the City of Roanoke, for a term of four years commencing October 21, 1990, and ending October 20, 1994. Given under my hand and the Seal of the City of Roanoke this twenty-fourth day of October, 1990. City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22,d Day of October, 1990. No. 30287-102290. A RESOLUTION reappointing a Director of the Industrial Development Authority of the City of Roanoke, to fill a four (4) year term on its Board of Directors. WHEREAS, the Council is advised that the term of office of a Director of the Industrial Development Authority of the City of Roanoke, Virginia, expired on October 20, 1990; WHEREAS, §15.1-1377 of the Code of Virginia (1950), as amended, provides that appointments made by the governing body of such Direc- tors shall, after initial appointment, be made for terms of four (4) years. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that W. Bolling Izard is hereby reappointed as a Director on the Board of Directors of the Industrial Development Authority of the City of Roanoke, Virginia, for a term of four years com3nencing on October 21, 1990, and expiring on October 20, 1994, to fill a vacancy created by the expiration of the term of office of said member on the Board occurring on October 20, 1990. ATTEST: City Clerk. CITY OF ROANOKE I~'ITERDEPARTMENT COMMUNICATION DATE: October 16, 1990 TO: Mr. Wilburn C. Dibling, Jr.~ City Attorney FRO~: Mayor Noel C. Taylor "~.C,-~-, SUBJECT: Preparation of Measure for October 22, Reappointing A Director of the Industrial Authority of the City of Roanoke 1990 Agenda Development Please draft the appropriate measure for consideration by Council at its regular meeting on Monday, October 22, 1990, reappointing Mr. W. ~olling Izard as a Director of the Industrial Development Authority of the City of Roanoke for a term of four years, commencing on October 21~ 1990, and expiring on October 20, 1994. Your usual prompt and courteous assistance will be appreciated. NCT:se Office o! the City Clerk October 24, 1990 File #80-192 Mrs. Horace S. Fitzpatrick 247 Cassell Lane, S. W. Roanoke, Virginia 24014 Dear Mrs. Fitzpatrick: I am enclosing copy of Resolution No. 30288-102290 memorializing your late husband, Horace S. Fitzpatrick, Roanoke Civic Center Commission member. Resolution No. 30288-102290 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 22, 1990. Mr. Fitzpatrick was a valued member of the Civic Center Commission, and the Mayor and Members of Council requested that express their sincere sympathy upon his passing. Sincerely, ~~ Mary F. Parker, C~4C/AAE City Clerk ~FP:ra Enc. Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 22nd Day of October, 1990. No. 30288-102290. VIRGINIA, A RESOLUTION memorializing the late Horace S. Fitzpatrick, Roanoke Civic Center Commission member. WHEREAS, the members of this Council have learned, with sorrow, of the recent passing of Horace S. Fitzpatrick, an esteemed member of the Roanoke Civic Center Commission since October, 1980; WHEREAS, Mr. Fitzpatrick was a dedicated public servant having previously served as Center Advisory Commission, Valley Chamber of Commerce, a member of the as President of as President of original Civic the Roanoke the Miss Virginia Pageant for three years, and as a Board member of numerous other community and charitable organizations. WHEREAS, Mr. Fitzpatrick was a highly valued friend and leader in the community who gave unselfishly of his time and efforts in support of causes which benefitted us all. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Council desires to take special note of and adopts this means of recording its deepest regrets at the passing of Horace S. Fitzpatrick and extends to Mrs. Marie Fitzpatrick, his widow, the sympathy of this Council and that of the citizens of this City who benefitted by his service; and copy of The City Clerk is directed to forward an attested this resolution to Mrs. Fitzpatrick. ATTEST: City Clerk. CITY OF ROANOKE I NTERDEPART~iENT COMMUNICATION DATE: October 17, 1990 TO: Mr. Wilburn C. Dibling, Jr., City Attorney FROM: ~ayor Noel C. Taylor -1/t,.~. I SUBJECT: Preparation of Measure for October Memorializing the late Horace S. Fitzpatrick 1990 Agenda Please draft the appropriate measure for consideration by Council at its regular meeting on Monday, October 22, 1990, memorializing the late Horace So Fitzpatrick, who served as a member of the Roanoke Civic Center Commission. Your usual prompt and courteous assistance will be appreciated. ¥CT: se Office of the City Clerk October 24, 1990 File #137 David A. ~owers James G. Harvey, II ~illiam White, Sr. Gentlemen: At the regular meeting of the Council of the City of Roanoke held on ,~onday, October 22, 1990, ~ayor Taylor appointed you as mem- bers of the Legislative Committee. Sincerely, /~¢~.~¢ Mary F. Parker, CMC/AAE City Clerk MFP:ra pc: Mr. ~ilburn C. Oibling, Jr., City Attorney Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981.2541 Office of the City Clerk October 24, 1~9C ~ile #79 Ur. ~'. Robert Herbert City ~anager Roanoke, Virginia Dear Ur. Herbert: At the regular meeting of the Council of the City of RoanoKe held on Monday, October 22, 1990, Mr. Edmund ~. Dumas, i920 Deyerle Road, S. ~., appeared before Council with regard to increasing the annual income limit for persons to be accorded the elderly and disabled real estate tax freeze from $22,000.00 to $30,000.00, which increase was approved by the General Assembly, effective July 1, 1990. On motion, duly seconded and adopted, the matter was referrea to ]990-91 Budget Study for consideration by Council. Sincerely, Wary F. Parker, City Clerk C~4C/AAE MFP:ra pc; Ur. Edmund A. Damus, 1920 Deyerle Road, S. W., Roanoke, Virginia 24018 Hr. Joel ~. Schlanger, Director of Finance Mr. Barry L. Key, ~anager, Office of ~anagement and Budget Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Office of the City Clerk October 24, 1990 File #27-66 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear ~r. ~erbert: At the regular meeting of the Council of the City of Roanoke held on ~onday, October 22, 1990, Ms. Frances L. ~athena, 5127 Victoria Street, N. ~'., complained about flooding and water damage to her property. Ga motion, duly seconded and adopted, the matter was referred to you for investigation and report to Council. Sincerely, ~/ary F. Parker, C~C/AAE City Cle rt~ MFP:ra pc: Ms. Frances L. Mathena, 5127 Victoria Street, Virginia 24017 Mr. William F. Clark, Director of Public ~orks Roanoke, Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541