HomeMy WebLinkAboutCouncil Actions 05-15-89 Garland
(29560)
REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL
May 15, 1989
2:00 p.m.
AGENDA FOR THE COUNCIL
Call to Order -- Roll Call. All Present.
The invocation will be delivered by The Reverend Larry
Dickens, Minister of Music and Administration, Cave Spring
Baptist Church. Present.
The Pledge of Allegiance to the Flag of the United States
of America will be led by Mayor Noel C. Taylor.
Ms. Martha Boxley, Mr. Dan Frei and Dr. John Kern addressed
Council with regard to historic preservation; remarks were
received and filed·
BID OPENINGS
Bids for bituminous concrete overlays and pavement pro-
filing of various streets within the City.
Four bids were referred to a cor~nittee composed of
Messrs. Garland, Chairman, Clark and Kiser for tabula-
tion, report and recor~endation to,Council.
C-1
CONSENT AGENDA (Approved 7-0)
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED
TO BE ROUTINE BY THE CITY COUNCIL AND WILL BE ENACTED BY ONE
MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DIS-
CUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL
BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY.
A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to
vacancies on various authorities, boards, commissions and com-
mittees appointed by Council, pursuant to Section 2.1-344
(A) (1), Code of Virginia (1950), as amended.
RECOMMENDED ACTION:
Concur in request for Council to convene in
Executive Session to discuss personnel
matters relating to vacanci~ on various
(1) :
C-2
C-3
C-4
authorities, boards, commissions and com-
mittees appointed by Council, pursuant to
Section 2.1-344 (A) (1), Code of Virginia
(1950), as amended.
A report of the City Manager requesting an Executive
Session to discuss a matter pertaining to the acquisition of
real property for public purpose, pursuant to Section 2.1-344
(A) (3), Code of Virginia (1950), as amended.
RECOMMENDED ACTION:
Concur in request for Council to convene in
Executive Session to discuss a matter per-
taining to the acquisition of real property
for public purpose, pursuant to Section
2.1-344 (A) (3), Code of Virginia (1950),
as amended.
A report of the City Manager requesting an Executive
Session to discuss a matter pertaining to the disposition of
publicly held property, pursuant to Section 2.1-344 (A) (3),
Code of Virginia (1950), as amended.
RECOMMENDED ACTION:
Concur in request for Council to convene in
Executive Session to discuss a matter per-
taining to the disposition of publicly held
property, pursuant to Section 2.1-344 (A)
(3), Code of Virginia (1950), as amended.
Qualification of Mr. George A. McLean, Jr., as a member of
the Fair Housing Board for a term of three years ending March
31, 1992.
RECOMMENDED ACTION: Receive and file.
Request of the City Manager for an Executive Session to discuss
a matter pertaining to acquisition of real property for public
purpose, pursuant to Section 2.1-344 (a) (3), Code of Virginia
(1950), as amended.
REGULAR AGENDA
Hearing of Citizens Upon Public Matters: None.
Petitions and Communications:
ae
A communication from Vice-Mayor Beverly To Fitzpatrick,
Jr., recorrgnending that Council consider an amendment in the
procedure for election of School Board Trustees which would
allow Council to determine the order in which the can-
didates for the public interview are called.
Referred to the City Attorney for preparation of the proper
measure.
(2)
5. Reports of Officers:
a. City Manager:
Briefin_g_~: None·
Items Recommended for Action:
A report recommending authorization to advertise a
Request for Proposals for the lease of retail space in
the Market Square Parking Garage for the period
September 1, 1992 to September I, 1997.
Concurred in the recor~endation.
A report recommending authorization to file the
necessary applications on behalf of the City of Roanoke
to temporarily barricade a portion of Carlisle Avenue,
S. E., at its intersection with 16th Street, S. E., in
an effort to deter the frequency of speeding traffic·
Concurred in the recommendation.
A report recommending approval of a leave of absence
for educational purposes for an employee of the Social
Services Department, and execution of an agreement
therefor.
Adopted Resolution No. 29560. (7-0)
A report recommending waiver of the rental fee and the
granting of concession rights to the Roanoke Special
Events Committee for the use of Victory Stadium for the
20th Anniversary Salute to Festival in the Park to be
held on May 26, 1989.
Adopted Resolution No. 29561. (7-0)
A report recommending that Council schedule a public
hearing on the proposed amendment to the boundaries of
the City of Roanoke's Enterprise Zone.
Concurred in the recommendation.
A report recommending authorization to execute Change
Order No. 3 to the contract with Lanford Brothers Co.,
Inc., for replacement of the Hollins Road Bridge over
the Norfolk Southern Railroad.
Adopted Ordinance No. 29562 and Ordinance No. 29563.
(7-0)
Reports of Committees: None.
Unfinished Business: None.
(3)
8. Introduction and Consideration of Ordinances and Resolutions:
Ordinance No. 29540, on second reading, permanently
vacating, discontinuing and closing a portion of Irvine
Street, S. W., extending in a northerly direction from its
intersection with the northerly line of Penn Street, S. W.,
to property of the Norfolk-Southern Corporation and
easterly to its terminus; and a portion of Railroad Avenue,
S. W., extending from its intersection with the westerly
side of Bridge Street, S. W., to previously vacated Russell
Avenue, S. W., and continuing to its intersection with
Irvine Street, S. W.
Adopted Ordinance No. 29540. (7-0)
Ordinance No. 29541, on second reading, rezoning a tract of
land lying on Grandview Avenue, N. W., between Empress
Drive and Marr Street, N. W., designated as Official Tax
No. 2270223, from RS-3, Residential Single Family District,
to C-1, Office District.
Adopted Ordinance No. 29541. (7-0)
Ce
Ordinance No. 29542, on second reading, designating four
parcels of land located at 118 124 Campbell Avenue,
S. W., designated as Official Tax Nos. 1011509 - 1011512,
respectively, as H-l, Historic District.
Adopted Ordinance No. 29542. (7-0)
Ordinance No. 29543, on second reading, rezoning two tracts
of land containing 13.15 and 0.46 acres, respectively,
located on the westerly side of Virginia Secondary Route
No. 626, being 4056 and 4114 Thirlane Road, N. W.,
designated as Official Tax Nos. 6510101 and 6510102, from
RA, Residential Agricultural District, to LM, Light
Manufacturing District.
Adopted Ordinance No. 29543. (7-0)
Ordinance No. 29544, on second reading, changing the prof-
fered conditions in connection with the conditional
rezoning of a tract of land containing 12.37 acres, more or
less, lying on the north side of Grandin Road Extension,
west of Airview Road, S. W., which tract was originally
identified as Official Tax Nos. 5090203 and 5090204.
Adopted Ordinance No. 29544. (7-0)
9. Motions and Miscellaneous Business:
Inquiries and/or comments by the Mayor and Members of City
Council.
Vacancies on various authorities, boards, commissions and
committees appointed by Council.
(4)
10. Other Hearings of Citizens:
Reappointed Ms. Mollie DeBerry to the Youth Services Citizen
Board.
Appointed the following persons:
Mr. Finn D. Pincus - Youth Services Citizen Board
Mr. Robert W. Boyd
- Advisory Committee - Crystal Spring
Pumping Station
Adopted Ordinance No. 29564, on first reading, authorizing an
agreement between the City and Virginia Transformer Corporation
by which the City agrees to convey 9.129 acres and Virginia
Transformer Corporation agrees to construct a manufacturing
facility of at least 65,000 square feet on property conveyed to
it by the City. Said construction to begin by December 31,
1989, and to be completed by December 31, 1992. (7-0)
Adopted Ordinance No. 29565 authorizing acquistion of certain
real property described as Official Tax Nos. 4010112 and 4010113
from Relish Realty for the purpose of constructing a public
parking facility and other improvements; authorizing the City
Manager to take appropriate action for the purchase of the pro-
perties; and authorizing the City's acquisition of said property
by condenmation under certain circumstances. (7-0)
(5)
ROANOKE VALLEY PRESERVATION FOUNDATION
P. O. BOX 1558
ROANOKE, VIRGINIA 24007
19 April 1989
Ms. Joyce Sird<
City c,f Roar, oke
215 Church Avenue, SW
Roanoke, Virginia 24011
Dear Ms. Sir, k,
National Historic Preservatic, r, Week will be celebrated across the
nat ion May 14-20. The Roanoke Valley Preservati,--,n Foundation,
the Regional Preservation Center and local historical societies
are loc, king forward to the festivities in our community.
Here in Virginia we are particularly thankful and optimistic this
year in light of the recent passage of significar~t preservatior~
legislation in the General Assembly. We are espescially glad to
have support from all our lc, cal legislators. Virgir~ia and the
Roanoke Valley anticipate an increased awareness of and
I am writing to request to appear c,n Roanoke City Cour, eil's
agenda for the May 15, 1989 meeting at ~:00 pm. Mr'. Dan Frei,
Vice-Presider, t of Old Southwest, Ir~c. ar, d ~r. John Kerr,, Directc, r
of the Division of Historic Landmarks Regional Preservat ior,
Center will accompany me. We would tike to addrese the Board
with a few comments or, National Historic Preservatior, Week and
As we discussed, I have included a proclamatior,
Historic Preservation Week. We would like to
suppc, rt of the City of Roar.:,ke along with the
goverr, ments.
for Nat i,],r, al
anr, c, unce the
,_-,t h er Valley
Thank you fc, r yc, ur attentior, to these matters. I loc, k fc, rward to,
hearir, g frc, m you. If yc, u shc, uld need tc, telephone me, i,~y number
is 342-9289.
Sir, cerely,
Martha B. B--xley,
Pres i dent
Mr. Dar, Frei
Dr. Jc~hn Kerr~
ROANOKE VALLEY PRESERVATION FOUNDATION
P. 0. BOX 1558
ROANOKE, VIRGINIA 24007
WHEREAS: Historic Preservation gives Ar~ericans a deeper
understanding of their richly diverse architectural ~nd cultural
heritage;
WHEREAS: Historic preservation contributes to the livability
of America's towns, cities and rural areas and pre, cremates local
pride and cor,~r~unity self-help;
WHEREAS: Historic buildings, sites and structures as well as
prehistc, ric sites are ir~portant resources to our cor~r~.~nit, y;
WHEREAS: National Historic Preservation Week 1989 provides
an excellent oppc, rtunity for all Americans to help r~aintain,
preserve and protect c, ur nation's heritage;
WHEREAS: "Look Hor~eward, An~erica" is the ther~e for Historic
Preservation Week 1989, cc~sponsored by the National Trust for
Historic Preservation and the local ~reservation and r~eighborhood
orgar~izatior~s ir~ the Roanoke Valley;
Now, therefore, I, Noel C. Taylor, Mayor of 'the City of
Roanoke, Virginia, do hereby prc. clai~ May 14-20, 1989, as
NATIONAL HISTORIC PRESERVATION WEEK
in the City of Roanoke and call upon our citizens to recognize
and participate in this special observance.
C~ce of ~ Moyor
May 15, 1989
The Honorable Vice-Mayor and
Members of Roanoke City Council
Roanoke, Virginia
Dear Mrs. Bowles and Gentlemen:
I wish to request an Executive Session to discuss personnel
matters relating to vacancies on various authorities, boards,
commissions and committees appointed by Council, pursuant to
Section 2.1-344 (a) (1), Code of Virginia (1950), as amended.
Sincerely,
Noel C. Taylor
Mayor
NCT: se
Room 452 MunicJpol Building 215 C~urch Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2444
Roanoke, Virginia
May 15, 1989
Honorable Mayor and City Council
Roanoke, Virginia
Dear Members of Council:
Please reserve space on Council's agenda for an Executive Session
to discuss acquisition of real property for public purpose in
accordance with Section 2.1-344(a)(3) of the Code of Virginia.
WRH:KBK:afm
cc: City Attorney
Director of Finance
Respectfully submitted,
W. Robert Herbert
City Manager
Roanoke, Virginia
May 15, 1989
Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Mayor and Members of Council:
I wish to request an Executive Session to discuss the acquisition of real
property for public purpose, pursuant to Section 2.1-344(A)(3) of the Code of
Virginia (1950), as amended.
Respectfull submitted,
W. Robert Herbert
City Manager
WRH/ga
C)f~ce of the Ci~ Cie~
~ay 17, 1989
File #15-175
Ms. Dolores C. Daniels,
Fair Housing Board
Roanoke, Virginia
Secretary
Dear Ms. Daniels:
This is to advise you that Mr. George A. McLean, Jr., has
qualified as a merd~er of the Fair Housing Board for a term of
three years ending March 31, 1992.
Sincerely,
CMC
Mary F. Parker,
City Clerk
MFP:ra
Room 456 Municil:x~l Building 215 C~u~h Avenue SW. R4)anoi~e V~rglnia 2401 t (703) 98'~-2541
Oath' or Affirmation of Office
State of Virginia, Oit~t o~f Roanoke, to
I, , do solemnly swear (or affirm) that
will support the Constitution of the United States, and the Constitution of the State of Virginia, and that
will faithfully and impartially discharge and perform all the duties incumbent upon me
according to the best of my ability. So help me God. /'~,..
~ Subscribed and sworn to before me, this~-- __day
Office of ~ne City Cle~
March 22, 1989
File #15-178
Afr. George A. McLean, Jr.
1623 Center Hilt Drive, S.
Roanoke, Virginia 24015
We
Dear Mr. McLean:
At a regular meeting of the Council of the City of Roanoke held
on Monday, March 20, 1989, you were reelected as a member of the
Fair Housing Board for a term of three years, ending March 31,
1992.
Enclosed you will find a certificate of your reelection and an
Oath or Affirmation of Office which may be administered by the
Clerk of the Circuit Court of t~ City of Roanoke, located on the
third floor of the Roanoke City Courts Facility, 315 Church
Avenue, S. W.
Please return one copy of the Oath of Office to Room 456 in the
Municipal Building prior to serving in the capacity to which you
were reelected.
Sincerely, ~
Mary F. Parker, CMC
City Clerk
MFP: ra
Enc.
pc: Ms.
Do lores C.
Daniels,
Secretary, Fair Housing Board
ROOm 456 Municipol Butlcling 215 Onurch Avenue SW Roanoke. ~rg~nia 24011 (703) 981-254.1
COMMONWEALTH 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 twentieth day of March, 1989, GEORGE A. MCLEAN, JR. was
reelected as a member of the Fair Housing Board for a term of
three years, ending March 31, 1992.
Given under my hand and the Seal of the City of Roanoke this
twenty-second day of March, 1989.
City Clerk
Roanoke, Virginia
May 15, 1989
Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Mayor and Members of Council:
I wish to request an Executive Session to discuss the disposition of
publicly held property, pursuant to Section 2.1-344(A)(3) of the Code of
Virginia (1950), as amended.
Respectfully submitted,
W. Robert Herbert
City Manager
WRH/ga
Office of the City Cle,'k
May i7, 1989
File #467
Mr. Wilburn C. Dibling, Jr.
City Attorney
Roanoke, Virginia
Dear Mr. Dibling:
I am attaching copy of a cor, F~unication from Vice-Mayor Beverly T.
Fitzpatrick, Jr., recommending that Council consider an amendment
in the procedure for election of School Board Trustees which
would allow Council to determine the order in which the can-
didates for the public interview are called, which communication
was before the Council of the City of Roanoke at a regular
meeting held on Monday, May 15, 1989.
On motion, duly seconded and unanimously adopted, the com-
munication was referred to you for preparation of the proper
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:ra
Enc.
Room 456 Municipal Building 215 Church Avenue SW Roanoke ~rg~nia 24011 (703) 981-2541
Office of the Council
May 15o 1989
The Honorable Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mrs. Bowles and Gentlemen:
After our discussions regarding interviews for the School Board
recently, I must admit that I felt very sympathetic toward those
individuals whose last name began with a letter toward the end of
the alphabet.
As you will recall, Ms. Parker noted that Chapter 9, Education~
Article II, Procedure for Election of School Trustees, Section
9-21(b) Public Interview of Candidates of the Code of the City of
Roanoke (1979) as amended, provides in part~ "The interview of
candidates shall take place in alphabetical order based on the
first letter of the last name of the candidates."
I am of the opinion that we the Members of Council should make a
change to allow Council to determine the order in which the
interviews for any appointment will take place. Therefore~ I
would respectfully recommend that Council refer the matter to the
City Attorney for preparation of the proper measure deleting the
abovestated sentence from the School Board Trustee selection pro-
cess so that the members of the Roanoke City Council will be in
the proper posture next year to decide upon the procedure to be
followed.
Your favorable consideration of the above request will be
appreciated.
Sincef~y yours,
Beverly T. Fitzpatrick,
Vice-Mayor
BTFJR:MFP:ra
BEV2
Room 456 Municipal Building 215 (D~urch Avenue, S.W. Roonoke, Virginia 2401 t (703) 981-2541
Office of the City Clerk
May 17, 1989
Fi le #255
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
Your report recommending authorization to advertise a Request for
Proposals for the lease of retail space in the Markei Square
Parking Garage for the period September 1, 1992 to September I,
1997, was before the Council of the City of Roanoke at a regular
meeting held on Monday, May 15, 1989.
On motion, duly seconded and unanimously
cuffed in the recommendation.
adopted, Council
Sincerely,
Mary F. Parker, CMC
City Clerk
con-
MFP:ra
pc: Mr.
Mr.
Mr.
William F. Clark, Director of Public Works
Brian J. Wishneff, Chief of Economic Development
Kit ~. Kiser, Director of Utilities and Operations
Room 456 Municil~l Building 2 t5 Church Avenue SW I'~:~no,ke xArg~nia 24011 (703) 981-2541
May 15, 1989
Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Members of Council:
subject: Market Square Garage lease with Orvis Roanoke, Inc.
I. Background
ao
Orvis Roanoke, Inc. currently leases approximately 3,000
square feet of retail space from the City of Roanoke in the
Market Square Garage (the area that is identified by the
hatch-marks on the attached map.)
Terms of the lease agreement call for the lease to expire on
September 1, 1992.
II. Current Situation
ao
Orvis Roanoke, Inc. desires to bid on leasing the retail space
from September 1, 1992 to September 1, 1997 to insure the
continuation of their retail store operation.
B. Article VII, Section 9 of the Constitution of Virginia
requires City Council to authorize the advertisement of a
Request for Proposals and to set a date for opening the
proposals received. The advertisement must run for four
successive weeks.
III. Issues
A. Timing.
B. Economic Development.
IV. Alternatives
Authorize the City Manager to advertise a Request for
Proposals to run for four consecutive weeks for the lease of
approximately 3,000 square feet of retail space in the Market
Square Garage from September 1, 1992 to September 1, 1997.
Timing is important in that Orvis desires to bid on the
space as soon as possible.
Members of Council
May 15, 1989
Page 2
Economic Development in the City would be enhanced. The
City's desire to maintain a quality retail tenant in the
Market Garage would be fulfilled.
Do not authorize the City Manager to advertise a Request for
Proposals.
1. Timing would not be met for Orvis Roanoke, Inc.
2. Economic Development in the downtown market area would
not be enhanced.
V. Recommendation
Recommend that City Council authorize the City Manager to advertise
a Request for Proposals to run four consecutive weeks for the lease
of approximately 3,000 square feet of retail space in the Market
Square Garage from September 1, 1992 to September 1, 1997. It is
also recommended that City Council set the date of June 12, 1989
for the purpose of opening the proposals received.
WPJ{/EDC:kds
Attachment
CC:
Respectfully submitted,
W. Robert Herbert
City Manager
Earl B. Reynolds, Jr., Assistant City Manager
Joel M. Schlanger, Director of Finance
Wilburn C. Dibling, Jr., City Attorney
William F. Clark, Director of Public Works
Kit B. Kiser, Director of Utilities and Operations
CITY OF ROANOKE
REQUEST FOR PROPOSALS
Sealed proposals will be received in the Office of the City Clerk,
Room 456, Municipal Building, Roanoke, until 5:00 p.m., June 12, 1989,
and proposals so received will be opened publicly and read before City
Council at its meeting on June 12, 1989, in the City Council Chambers,
Fourth Floor, Municipal Building, Roanoke, Virginia, for the following:
THE LEASE FOR A FIVE (5) YEAR PERIOD COMMENCING
SEPTEMBER 1, 1992, OF APPROXIMATELY 3,000 SQUARE
FEET OF RETAIL SPACE AND A SEPARATE STORAGE AREA
CONTIGUOUS THERETO LOCATED ON THE GROUND FLOOR
OF THE MARKET SQUARE PARKING GARAGE ON CAMPBELL
AVENUE IN THE DOWNTOWN AREA OF THE CITY, AND THE
IMMEDIATE OPENING OF A RETAIL STORE THEREIN.
Specific information is contained in the Instructions to Bidders
available in the Office of Economic Development, Room 355, Municipal
Building, Roanoke, Virginia. A copy of the full text of the ordinance
proposing to make this lease is on file in the City Clerks' Office.
The City of Roanoke reserves the right to reject any and all pro-
posals, to waive any informalities in any proposal, and to award the
lease to other than the proposer of the highest lease rate, should the
City deem it in its best interest to do so.
Date Mary F. Parker, City Clerk
Publish once a week for four successive weeks, beginning on May 21,
1989.
,I
o ~
Leased Prem£ses ~
EXHIBIT A
Office of ~e City Clefi~
May 17, 1989
File #514-20
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
Your report reconrnending authorization to file the necessary
applications on behalf of the City of Roanoke to temporarily
barricade a portion of Carlisle Avenue, S. E.', at its intersec-
tion with 16th Street, in an effort to deter the frequency of
speeding traffic, was before the Council of the City of Roanoke
at a regular meeting held on Monday, May 15, 1989.
On motion, duly seconded and unanimously adopted, Council con-
curred in the recommendation.
Sincerely, /'~
~4ary F. Parker, CMC
City Clerk
MFP:
pc:
ra
Mr. Wilburn C. Dibling, Jr., City Attorney
Mr. William F. Clark, Director of Public Works
Mr. Joel M. Schlanger, Director of Finance
Ms. Deborah J. Moses, Chief, Billings and Collections
Mr. Charles M. Huffine, City Engineer
Mr. Robert K. Bengtson, Traffic Engineer
Mr. Ronald H. Miller, Building Commissioner~Zoning
Administrator
Mr. John R. Marlles, Chief of Corrgnunity Planning
Mr. George C. Snead, Jr., Director of Administration and
Public Safety
Mr. M. David Hooper, Chief of Police
Mr. Rawleigh W. Quarles, Acting Fire Chief
Mr. Warren E. Trent, Emergency Services Coordinator
Mr. Edward C. Dunbar, President, Roanoke Gas Company, P. 0.
Box 13007, Roanoke, Virginia 24030
Mr. Donald E. Sussman, MSC, Manager, Postmaster, 419
Rutherford Avenue, N. E., Roanoke, Virginia 24022-9998
Room 456 Munlcij:~l Building 215 C~urch Avenue SW Roanoke. ".,qrg~nia 2401 t (703) 981-254.1
Roanoke, Virginia
May 15, 1989
Honorable Noel C. Taylor, Mayor
and Members of City Council
Roanoke, Virginia
Dear Members of Council:
Subject:
Request from the City Manager for
authorization to file all necessary
applications, on behalf of the City of
Roanoke, to alter by closure with a
barricade of Carlisle Avenue, S.E.,
at its intersection with 16th Street,
S.E.
I. Background:
City Manager's office has received consistent
and repeated requests to close and barricade
Carlisle Avenue, S.E., at its easterly terminus
with 16th Street, S.E.
Section of Carlisle Avenue (1500 block) at issue
is situated adjacent to a public recreational
area, Golden Park (see attached Map A).
Golden Park is a prominent focal point for
teenagers and many young adults from in and
around the immediate community.
Park activities draw additional, unwanted and
often reckless traffic into and through this
short one-block section of Carlisle Avenue, S.E.
Public street closure by barricade on both
temporary and permanent status has been
authorized by the following previously adopted
ordinances:
Ordinance No. 20210, adopted on April 24,
1972, authorizing the closure by barricade
of Winding Way Road, S.W. (permanent
status).
Ordinance No. 28428, adopted on November
17, 1986, authorizing the closing by
barricade of Coveland Drive, NW (temporary
status).
II. Current Situation:
Residents who live across the street (Carlisle
Avenue) from Golden Park have complained to the
City Manager's office about the increase and
frequency of speeding cars on this short segment
of public street. Residents are extremely
concerned about the safety of the neighborhood
children in their daily crossing of the street
to play in the park.
Residents have requested that this section of
Carlisle Avenue, S.E., be barricaded at its
terminus with 16th Street, S.E., in an effort to
deter the frequency of speeding traffic on the
street (see attached petition).
City Traffic Engineer has requested that the
closure by barricade be effective on a temporary
basis in order to determine the overall effect
of the proposed closure on the immediate
community.
Council authorization of this application will
provide for a public review of the request and a
recommendation from the Planning Commission
prior to a final decision by City Council.
III. Issues:
1. Public safety.
2. Fire, police, emergency and public services
access.
3. Inconvenience to traffic.
4. Costs.
IV. Alternatives:
ae
Approve the request thereby authorizing the City
Manager to apply, on behalf of the City of
Roanoke, to file all necessary applications to
alter by closure with a barricade Carlisle
Avenue, S.E., at the point of its terminus with
16th Street, S.E.
1. Public safety:
Barricade placed at the subject point
of Carlisle Avenue, S.E., will
eliminate speeding on this section of
street.
Barricade would force traffic to use
other streets (16th, Brownlee and
Spruce) abutting the park. These
streets have no residential
development abutting the public right-
of-way.
Fire, police, emergency and public services
access:
Closure and barricade would not affect
proper and adequate access to
responding fire, police and emergency
service units (see attached statements
- police, fire and emergency
services).
Adjacent streets (Gordon, Spruce and
16th Streets) provide adequate access
to all structures situated beyond the
proposed point of closure.
Refuse Collection on Carlisle Avenue,
S.E., will not be affected (see
attached statement).
Inconvenience to traffic:
Closure by barricade will create a
dead-end street. Closure will require
the installation of proper signs,
denoting the street dead-end, and
appropriate reflectors and lights.
Concrete stanchions situated along the
park perimeter could be moved back at
the barricade point to provide an
adequate turnaround area if the
temporary barricade is determined to
be effective within a specified and
temporary period of time.
Carlisle Avenue, S.E., is not a
thoroughfare and currently terminates
at its intersection with 16th Street,
S.E.
Traffic access to the park will still
be afforded by 16th Street, S.E., and
Carlisle Avenue via Bennington Avenue,
S.E.
4. Costs of installation would be borne by the
Street Maintenance Department. The
B. Deny
department would be responsible for the
installation of the barricade and necessary
traffic signs.
the request:
Public safety: Concern of the residents
would not be met. Public safety issue
would not be resolved.
Fire, police, emergency and public services
access would not be an issue.
Inconvenience to traffic would not be an
issue.
4. Costs would not be an issue.
VI. Recommendation:
Approve Alternative A thereby authorizing the City
Manager to file all necessary applications on behalf
of the City of Roanoke to alter by closure with a
barricade of Carlisle Avenue, S.E., at its
intersection with 16th Street, S.E. for a trial
period of six (6) months with said date of the
closure to commence from the date of installation of
the proposed barricade.
The above recommendation is based upon the following
conclusions:
Public safety issues warrant deliberate and
serious consideration.
Be
Closure on a temporary basis will provide an
opportunity to analyze any and all positive
and/or negative effects of the closure.
Ce
Barricade can be installed prior to the warm
weather season which will result in the closure
being effective during the late spring, summer
and fall months, when children are most active
in and around the neighborhood park.
If the barricade is proven to be effective by
increasing the margin of safety for children in
the community and no negative affects on traffic
or the immediate community are discerned, a new
application will be filed prior to the
termination of the subject six (6) month period
requesting that the closure be made effective on
a permanent basis.
Respectfully submitted,
W. ~Robert Herbert
City Manager
WRH:mpf
attachment
cc City Attorney
Director of Finance
Director of Public Works
Chief of Police
Fire Chief
City Engineer
Emergency Services Coordinator
Building Commissioner
Chief, Community Planning
Traffic Engineer
VINTON
OCA'rl
MORNIN$1flE
pARK
,. MiLL'! ,
CITY OF ROANOKE
INTERDEPARTMENT COMMUNICATION
DATE: March lq, lqBq
TO: Ted Tucker, Community Planning
FROM: I~ ,~jor Pritchard, P,itrol Divisio~
~c!ioe Department
SUBJECT:
Prop(~sed Ba:-ricades: 16t~ St. and Cariisie Ave., S.
Th~_~ Police ~epar tment ' s postur~ in these matters
uul-Je-sacs to ~oderate vehicular speed and traffic flow
to set, anO the instant ~ase is no exception.
is that
Radar cPeck~s ~n the area by the Traffic Bureau do not indicate a chronic
speed proolem. However~ the closure of Carlisle Ave. at 16th St. will not
negatively impact police service delivery to the neighborhood and should not
affect police response times t~ Carlisle Ave. or the neighboring area.
The c~-eation of a cul-de-sac may deter general police patrol ~y individual
officers on Carlisle Ave. as opposed to a through street.
Golden Park, on the other hand, is an open area and will continue to afford
officers a view ~f Carlisle Ave. while driving down the parallel street
iBro~nlee Ave.)
~e intersections in the immediate area ~f the proposed Parricade nave no
history of high frequency vehicular collisions and this closure would not be
oxoected to create congestion or foster more collisions in the nelghborh3od.
E}EP:iFs
Chief Hooper
Lieuten.~nt Althoff
(~ITY OF ROANOKE
INTERO~rPARTMENT COMMUNICATION
DATE: March 28, 1989
TO: Edward R. Tucker, City Planner
FROM: Donald E. Keaton, Manager of Refuse Collection
SUBJECT: Barricade on Carlisle Ave., S. E.
This is to verify that Refuse Collection Department will not have a
problem with a barricade being installed at 16th Street and Carlisle Ave.
5. E.
DEK:mc
CITY OF ROANOK~
Interdepar tment Communication
Date: March 23, 1989
To: Mr. Ted Tucker, Planning
From: ~.~ Wanda Reed, Administrative Assistant
Emergency Services
Subject: Barricade on Carlisle Road, S. E.
Please be advised that this Office has no objection to the
proposed barricade at the end of Carlisle Road, S. E.
We understand that the residents have requested this
barricade and the only difference we can see we would a
little longer response time for emergency vehicles to those
homes at the end of the block where the barricade would be
located.
CITY OF ROANOKE FIP~ DEPARTMENT
I ~T~DEPART~ENT CO~4L~I CATION
DATE:
TO:
FROM:
SUBJECT:
March 13, 1989
Ted Tucker, City Planner /J~/<
Peter T. Kandis, Planning Officer, Fire Dept.
Proposed Barricade
I have reviewed the site of the proposed barricade of Carl-
isle Avenue and 16th Street, SE. A permanent barrier at
that location would not complicate fire protection to the
neighborhood. There are alternate routes that can be used
and will not significantly affect response times.
The hydrant locations will not become a problem after the
barricade is in place.
:W
Office of ~he Cit~' C'.e,~
May 17, 1989
File #184-72
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Resolution No. 29560 approving the
granting of a leave of absence for educational purposes to Lois
A. Nimmo, an employee of the Department of Human Resources, which
Resolution No. 29560 was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, May 15, 1989.
Sincere ly, ~
Mary F. Parker, CMC
City Clerk
MFP:ra
Enco
pc: Mr. James D. Ritchie, Director of Human Resources Ms. Corinne 8. Gott, Manager, Social Services
Ms. Lois A. Nimmo, Social Worker, Department of Human
Resources
Mr. George C. Snead, Jr., Director of Administration and
Public Safety
Mr. Kenneth S. Cronin, Manager, Personnel Management
Room 456 Munici~:~al Buildincj 215 C~urch Avenue SW Roanoke ~rg~nia 24011 (703) 98t-254'~
IN THE COUNCIL OF THE CITY OF
The 15th day of May, 1989.
No. 29560.
ROANOKE,
VIRGINIA,
A RESOLUTION approving the granting of a leave of absence for
educational purposes to Lois A. Nimmo, an employee of the Department
of Human Resources.
BE IT RESOLVED by the Council of the City of Roanoke that this
Council APPROVES the granting of a leave of absence to Lois A.
Nimmo, Social Worker, in the Department of Human Resources, for the
period of May 22, 1989, through August 18, 1989, for the purpose of
meeting the requirements for a ~aster's Degree in Social Work from
Virginia Commonwealth University, such approval, however, being made
expressly subject to said employee's written agreement to abide by
each and every term and provision of $2-45, Code of the City of
Roanoke (1979), as amended, and such rules and regulations as may be
promulgated by the City Manager; such written agreement to be
approved as to form by the City Attorney.
ATTEST:
City Clerk.
Roanoke, Virginia
The Honorable Noel C. Taylor, Mayor
and Members, Roanoke City Council
Roanoke, Virginia 24011
Dear Members of City Council:
SUBJECT: EDUCATIONAL LEAVE REQUEST:
LOIS A. NIMMO
I. BACKGROUND
II.
A. Code of City of Roanoke (1979) as amended~ Chapter 2, Section
2-45, Leave of Absence for Educational Purposes states in part:
Leave of Absence, not to exceed twelve consecutive months
for educational purposes, can be granted a City employee
upon approval by the City Manager and Council.
Mo
Course of study will, in the opinion of the City
Manager, be of continuous benefit to the City in
the employee's performance.
o
Employee Kranted such leave shall be compensated in an amount
not exceeding fifty percent of the rate of compensation received
by the employee at the commencement of the leave.
Employee shall aKree to remain in the employment of the City
for a period of three consecutive years following termination of
the leave:
Should employee terminate his employment with the City
within the three year period, she will reimburse the City
for all compensation, including fringe benefits, paid to
him during the leave.
Not more than one employee of the City shall be granted or be
on educational leave at any one time, and his duties and
responsibilities must be adequately performed by another person
presently employed by the City.
CURRENT SITUATION
A.
Social Services Department of the City has an employee who is
completing the first year of graduate work and is requesting a leave
of absence for educational purposes:
Page 'I~/o
III.
IV.
Lois A. Nix~o~ Social Worker, has completed her first year
class requirements for a Master's Degree in Social Work by
attending Virginia con~nonwealth University's part-time program
in Radford and attending classes since September, 1987.
a. To complete the requirements and obtain a Master's Degree
in the part-time program requires a minimum of five years.
1. Lois A. Ni~no has been employed with the City since
February 3, 1986.
2. Requesting leave beginning May 22, 1989 through
August 18, 1989.
State Department of Social Services also has a Leave of Absence for
Educational Purposes which will enable the City to claim
reimbursement for 80% of one-half of salary paid to Ms. Nimmo.
ISSUES
A. Benefit to City.
B. Coverage of Duties and Responsibilities.
C. Compliance with City Code.
D. Budget.
ALTERNATIVES
A. Approve Leave of Absence for Educational Purposes for an employee
of the Social Services Department.
1. Benefit to City - Upgrade Department's educational standards:
a. Department may utilize graduate students in field placement
with Master's Degree of Social Work employees to supervise.
b. Only five employees with Master's Degree in Social Work are
presently employed in the Social Services Department.
c. Employee will be better educated to fill any administrative
positions which may become vacant.
2. Coverage of Duties and Responsibilities - Will be handled as
follows:
a. Caseload will be covered by another MSW student placed in
Social Services by VCU, School of Social Work.
Page Three
3. Compliance with City Code - Request complies with Chapter 2,
Section 2-45 of the Code of the City of Roanoke.
4. Budget - One-half salary for Ms. Nix~o for 6-1/2 pay periods
will amount to $2,593.80.
a. State Department of Social Services will reimburse 80%,
leaving the total local cost $518.76.
B. Do not approve Leave of Absence for Education Purposes for an employee
of the Social Services Department.
1. Benefit to City - There will be no benefit to the City; and the
Department's educational standards will not be upgraded:
a. Students may not be utilized in field placement without
Master's Degree employees.
b. Social Services Department would still have only 4 employees
with Master's Degree.
c. Fewer employees with Master's De~ree to consider for filling
any administrative positions which may become vacant.
2. Coverage of Duties and Responsibilities - Not applicable.
3. Compliance with City Code - Chapter 2, Section 2-45, Leave of
Absence for Educational Purposes, would not be met.
4. Budset - No change.
RECOMMENDATION
Approve Leave of Absence for Educational Purposes for Lois A. Nimmo,
Social Worker, and authorize City Manager to enter into an agreement with
Ms. Nin~no establishing the terms and conditions of such leave and
including the provisions of Subsection (C) of Section 2-45, Code of the
City of Roanoke (1979), as emended.
Respectfully submitted,
W. Robert Herbert
City Manger
CBG/tei
Office of the City Cier~
May 17, 1989
File #122
Mr. Greg Feldmann
2102 Wycliffe Avenue~ S.
Roanoke, Virginia 24014
Dear Mr. Feldmann:
I am enclosing four copies of Resolution No. 29561 waiving the
standard rental fee for use of certain City facilities for the
20th Anniversary Salute to Roanoke's Festival in the Park, and
granting concession rights in conjunction with such event, which
Resolution No. 29561 was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, May 15, 1989.
Please sign and return three copies of Resolution No. 29561 to
the City Clerk's Office, Room 456, Municipal Building, Roanoke,
Virginia 24011. You are requested to file your certificate of
insurance with the undersigned prior to May 26, 1989.
Sincere ly,
%
~ary F. Parker, CMO
City Clerk
MFP:ra
Enco
pc:
Mr. W. Robert Herbert, City Manager
Mr. George C. Snead, Jr., Director of Administration and
Public Safety
Mr. Gary N. Fenton, Manager, Parks and Recreation
Mr. E. Laban Johnson, Special Events Coordinator
Ms. Sandra H. Eakin, Deputy City Clerk
Room 456 Municil:x~l Building 215 C~urch Avenue SW Roanoke ~rg*nia 24011 (703) 981-2541
IN THE COUNCIL OF THE CITY OF ROANOKE,
The 15th day of May, 1989.
No. 29561.
VIRGINIA,
A RESOLUTION waiving the standard rental fee for use of certain
City facilities for the 20th Anniversary Salute to Roanoke's Festival
in the Park, and granting concession rights in conjunction with such
event.
WHEREAS, by Resolution No. 24982, dated January 28, 1980, this
Council established a policy with respect to waiver of rental fees for
use of City facilities and property by certain organizations.
WHEREAS, the Roanoke Special Events Committee complies with the
criteria for waiver of such fees set forth in Resolution No. 24982.
WHEREAS, Council deems it appropriate to waive rental fees for the
20th Anniversary Salute to Roanoke's Festival in the Park, to be spon-
sored by the Roanoke Special Events Committee and to grant concession
rights in conjunction with such events.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
that:
1. The Roanoke Special Events Committee shall be authorized use
of Victory Stadium on May 26, 1989, for the 20th Anniversary Salute to
Roanoke's Festival in the Park, with waiver of the standard rental fees
for such event.
2. Such committee or its designee shall be authorized to operate
concessions in conjunction with such event.
3. The applicant organization shall furnish a public liabiity
and property damage insurance contracts insuring the liability of such
organization with regard to such event on the date indicated above, in
the minimum amount of $1,000,000.00 per occurrence. The City shall be
named as an additional insured on such policy of insurance, and a cer-
tificate of insurance reflectinE such coverage shall be filed with the
City Clerk prior to Nay 26, 1989, for the 20th Anniversary Salute to
Roanoke's Festival in the Park.
4. The applicant organization shall, and by execution of this
resolution, does agree to indemnify and save harmless the City, its
officers, agents and employees from any and all claims, legal actions
and Judgments advanced against the City and for expenses the City may
incur in this regard, arising out of such organization's intentional
acts or negligent acts or omissions related to use of City facilities
and property.
5. The applicant organization shall comply with all applicable
terms and conditions of Resolution No. 24982, dated January 28, 1980.
ATTEST:
City Clerk.
ATTEST:
ACCEPTED AND EXECUTED by the undersigned this
, 1989.
day of
ROANOKE SPECIAL EVENTS COMMITTEE
By
Title
- 2 -
STATE OF VIRGINIA
S To-Wit:
CITY OF
The foregoing instrument was acknowledged before me this day
of , 1989, by and
, on behalf of the Roanoke'Special
Events Committee.
My Commission expires:
Notary Public
- 3 -
Roanoke, Virginia
May 15, 1989
Honorable Noel C. Taylor, Mayor
and Members of City Council
Roanoke, Virginia
Dear Mayor and Members of Council:
Subject:
Waiver of Rental and Conc~ssion Fees and Rights for Use
of Victory Stadium by the Roanoke Special Events
Committee
I. Backsround
Roanoke Special Events Committee was appointed by City
Council to plan and implement community-wide events.
Bo
Family-type events must be planned and implemented, as
well as adult events.
Co
Ob.iectives of the Committee are to create entertaining
and fun type events, attracting local citizens, as well
as bringing thousands of other people into Roanoke.
May 26~ 1989~ the Special Events Committee is hosting the
20th Anniversary Salute to Roanoke's Festival in the Park
(Friday evening). The event will include music by
January Rose, a local band growing in national prominence
and Three Dog Night, one of the most popular bands from
the 60's and 70's.
Criteria established by Resolution No. 24982, for waiving
fee for Victory Stadium's use has been met as the
Committee is tax exempt.
Net proceeds will be used by the Committee for ongoing
events.
Public liability insurance in an amount of $1,000~000 per
occurrence is provided by the Committee with a
hold-harmless clause and names the City of Roanoke as
co-insured.
II. Issues:
A. Criteria.
B. Cost.
III. Alternatives:
Waive fee and grant concession rights to City Council's
Roanoke Special Events Committee for our 20th Anniversary
Salute to Festival in the Park, May 26, 1989. The
stadium concessionaire is aware of and agreed to these
arrangements.
Criteria: Committee would comply with all
applicable terms and conditions set forth in
Resolution No. 24982.
Cost: Rental fee for Victory Stadium in the amount
of $350 per day, for 20th Anniversary Salute to
Festival in the Park, May 26, 1989, would be waived
as well as commissions on concessions.
Bo
Do not waive fee or grant concession rights to City
Council's Roanoke Special Events Committee.
1. Criteria: Would not apply.
2o
Cost: Fee of $350 would be charged to a
Council-appointed non-profit group planning
community-wide events.
IV. Recon~endation is that Council concur with Alternative "A" and
waive Victory Stadium rental fee and grant concession rights
to Roanoke Special Events Committee for the 20th Anniversary
Salute to Festival in the Park, May 26, 1989.
Respectfully submitted,
W. Robert Herbert
City Manager
WRH:ELJ:tch
Attachment
pc:
City Attorney
Director of Finance
Director of Administration and Public Safety
Manager, Parks/Recreation/Grounds Maintenance
Greg Feldmann, President, Roanoke Special Events Committee
May 1,
1989
VIRGINI/ S
FESTIVAL CITY
Honorable Noel C. Taylor, Mayor
and Members of CouDcil
Roanoke,.Virginia
Dear Members of Council:
The Roanoke Special Events Committee requests that
you provide a waiVer of rental fees for the use 'of
Victory Stadium in accordance with your Resolution No.
24982 of January 28, 1980.
This request is made for, our 20th Anniversary
Salute to Festival in the Park, May 26, 1989. We hope
you will join us for ~he event~
Your continued support will enable us to present
community-wide events for our citizens and to attract
many visitors to our City.
~~re~Side ·
nt
Roanoke Special Events Committee
GF: LJ: tch
ROANOKE
SPECIAL EVENTS
COMMITTEE '
210 Reserve AvenOe, S.W
Roanoke, Virginia 24016
(703) 981-2889
Office of ~e C,ty Cle~
May 17, 1989
File #102
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Ordinance No. 29563 approving issuance of
Change Order No. 3, in the amount of $50,981.00, to the City's
contract with Lanford Brothers Company, Incorporated, for the
Hollins Road (formerly Read Road) Bridge replacement ~roject,
which Ordinance No. 29563 was adopted by the Council of the City
of Roanoke at a regular meeting held on Monday, May 15, I989.
Mary F. Parker~ CMC
City Clerk
MFP:ra
Enc.
pc: Mr.
Mr.
Ms.
Mr.
William F. Clark, Director of Public Works
Charles M. Huffine, City Engineer
Sarah E. Fitton, Construction Cost Technici.an
Kit B. Kiser, Director of Utilities and Operations
Room 456 Municipal Building 215 Church Avenue SW Roanoke V~r.cl~nia 2401 '~ (703) 981-254'~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of May, 1989.
No. 29563.
AN ORDINANCE approving the City Manager's issuance of Change
Order No. 3 to the City's contract with Lanford Brothers Company,
Incorporated, for the Hollins Road (formerly Read Road) Bridge
replacement project; and providing for an emergency.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. The City Manager or Assistant City Manager is authorized
and empowered to issue, for and on behalf of the City, upon form
approved by the City Attorney, Change Order No. 3 to the City's
contract with Lanford Brothers Company, Incorporated, dated
November 28, 1988, related to the Hollins Road (formerly Read Road)
Bridge replacement project.
2. Such Change Order shall provide for the following changes
in the work to be performed:
ORIGINAL CONTRACT AMOUNT
CONTRACT AMOUNT WITH PREVIOUS CHANGE ORDERS
CHANGE ORDER NO. 3
Contract Item:
Install temporary fencing on
Singer Furniture Property
Design temporary shoring
$ 662,801.00
$ 703,563.00
+ $ 3,198.00
+ 1,624.00
Sub-footer for Piers 1 and 2
Deduction for modification to
storm drain manhole
Deduction for Boring Sanitary Sewer
(less than amount approved in II.A.1)
Deduction for Sanitary Sewer
modification
Railway Force Account
(Relocation of communication linee
and providing construction inspector
to oversee work within right of way.)
7,396.00
(1,ooo.oo)
(8,000.00)
(1,300.00)
49,063.00
$ 50,981.00
TOTAL AMOUNT OF CHANGE ORDER #3
CONTRACT AMOUNT INCLUDING CHANGE ORDER NO. 3
Additional calendar days resulting from
Change Order No. 3
$ 754,544.00
None.
3. In order to provide for the usual daily operation of the
municipal government, an emergency is deemed to exist, and this
ordinance shall be in full force and effect upon its passage.
ATTEST:
City Clerk.
C~c~ of rne CiW Cler~
May 17, 1989
File #60-102
Mr. Joel M. Schlanger
Director of Finance
Roanoke, Virginia
Dear Mr. Schlanger:
I am attaching copy of Ordinance No. 29562 amending and reor-
daining certain sections of the 1988-89 Capital Fund
Appropriations, providing for the transfer of $49,133.00~ and the
establishment of an accounts-receivable from the Norfolk-Southern
Railway in the amount of $33,140.00, in connection with execution
of Change Order No. 3 to the contract with Lanford Brothers
Company, Inc., for replacement of the Hollins Road Bridge over
Norfolk Southern railway tracks, which Ordinance No. 29562 was
adopted by the Council of the City of Roanoke at a regular
meeting held on Monday, May 15, 1989.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:ra
Enco
pc: Mr.
Mr.
Mr.
Ms.
Mr.
W. Robert Herbert, City Manager
William F. Clark, Director of Public Works
Charles M. Huffine, City Engineer
Sarah E. Fitton, Construction Cost Technician
Kit B. Kiser, Director of Utilities and Operations
Room 456 Municipal Building 2t5 C~urch A',~e~ue SW Roanoke Virginia 24~1 t (703) 981-254't
AN ORDINANCE
the 1988-89 Capital
emergency.
WHEREAS, for
Government of the
exist.
THEREFORE,
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 15th day of May, 1989.
No. 29562.
to amend and reordain certain sections
Fund Appropriations, and providing for
of
the usual daily operation of the Municipal
City of Roanoke, an emergency is declared to
BE IT ORDAINED by the Council of the City
of
Fund
and
Roanoke that certain sections of the 1988-89 Capital
Appropriations, be, and the same are hereby, amended
reordained to read as follows, in part:
Appropriations
Streets and Bridges
Read Road Bridge Replacement (1-2) .................
Capital Improvement Reserve
Flood of '85 (3) ...................................
$ 4,863,817
798,181
6,609,993
0
Revenue
Accounts Receivable - Norfolk Southern
(4) ......... $ 33,140
1) Appr. of General
Revenue (008-052-9620-9003) $ 49,133
2) Appr. from Third
Party (008-052-9620-9004) 33,140
3) Flood of '85 (008-052-9575-9172) (49,133)
4) Accounts Rec. -
Norfolk Southern (X008-1239) 33,140
BE IT FURTHER ORDAINED that, an emergency existing,
Ordinance shall be in effect from its passage.
ATTEST:
this
City Clerk.
Roanoke,
May 15,
'89 10
Honorable Mayor and City Council
Roanoke, Virginia
Dear Members of Council:
Subject: Hollins Road (formerly Read Road) Bridge Over Railway
Change Order No. Three (3)
Virginia
1989
I. Back,round:
City Council awarded a unit price contract to Lanford
Brothers Company, Incorporated for $662~801.00 with an addi-
tional contingency of ~53~107.00 on November 28, 1988.
Asreement with Norfolk-Southern Railroad was authorized by
Ordinance No. 29433, dated January 23, 1989, requiring the
City to reimburse the railroad for relocating communication
lines and an inspector to oversee construction within
railroad right-of-way. It was anticipated that the cost for
these services would be available within the project con-
tingency. The railroad also agreed to pay five-percent
($33~140.05) of the cost of replacing the existing bridge.
Chanse Order No. 1 was authorized by Ordinance No. 29484,
dated March 6, 1989 to cover the cost of subsurface rock
encountered during installation of underground utilities.
While contingency funds were available to cover this expen-
diture of $35~882.00, it was recognized that additional
funding would be required at a later date.
II. Current Situation:
A. Staff has processed two (2) change orders to date; namely
1. Chan~e Order No. 1: $35~882.00
Boring sanitary sewer under railroad
(Approved by Council - March 6, 1989)
2o
Chan~e Order No. 2: $4,880.00
Shoring Pier #1
(Approved administratively - March 31, 1989)
Total Change Order Amount to date: $40~762.00
Page 2
B. One (1) change order, with seven (7) sub-items, needs to be
processed to continue the work progress and funding; namely:
1. Install temporary fencing on
Singer Furniture Property:
$ 3,198.00
2. Design temporary shoring:
1,624.00
3. Sub-footer for Piers 1 and 2:
7,396.00
4. Deduction for modification to
storm drain manhole:
(1,000.00)
5. Deduction for Boring Sanitary Sewer
(less than amount approved in II.A.1)
(8,000.00)
6. Deduction for Sanitary Sewer
modification:
(1,300.00)
7. Railway Force Account: 49,063.00
(Relocation of communication lines
and providing construction inspector
to oversee work within right of way.)
TOTAL: $50,981.00
Co
Funding required for previously approved change orders
($40~762.00) and pending change orders ($50,981.00) totals
$91,743.00. Given a project contingency of $53~107.00, the
City needs to provide additional funding in the amount of
at least $38,636.00.
III. Issues in order of importance:
A. Cost
B. Funding
C. Completion of work
IV. Alternatives are:
ao
Authorize the Director of Finance to transfer $49~133.00 from
Capital Improvement Reserve, Account No. 008-052-9575-9172,
to the existing account for Hollins Road Bridge, Account No.
008-052-9620-9065 and establish an account-receivable from
Norfolk-Southern Railroad in the amount of $33,140.05,
authorize City Manager to execute the Change Oder, and
authorize payments to Lanford Brothers and Norfolk-Southern
Railway for the Change Order outlined in II.B. in this
report.
Page 3
Cost appears to be reasonable based on the unit cost
compared with similar projects. Will create contingency
balance of $44,504.05 for other minor items that may yet
arise.
Funding is available in Capital Improvement Reserve,
Account No. 008-052-9575-9172 and funds due from
Norfolk-Southern Railroad.
3. Completion of work on Hollins Road Bridge Replacement
will continue without interruption.
Do not authorize the Director of Finance to transfer
$49,133.00 from Capital Improvement Reserve, Account No.
008-052-9575-9172, to the existing account for Hollins Road
Bridge Replacement, Account No. 008-052-9620-9065 and not
establish an account-receivable from Norfolk-Southern
Railroad in the amount of $33,140.05, do not authorize City
Manager to execute the Change Order, and do not authorize
payment to Lanford Brothers Company, Incorporated and
Norfolk-Southern for change orders outlined in II.B. in this
report.
1. Cost is not an issue.
2. Funding would remain available in the Capital
Improvement Reserve account.
3o
Completion of work on Hollins Road Bridge Replacement
would be jeopardized due to lack of funding and
authority.
Recommendation is that City Council approve Alternative "A" which
will:
Authorize the City Manager to execute a Change Order to
Lanford Brothers Company, Incorporated for installation of
temporary fencing on Singer Furniture property, installation
of sub-footer for Piers 1 and 2, design of temporary shoring,
and deductions for modifications to the storm and sanitary
sewers; and reimburse Norfolk-Southern Railway Force account
to relocate a communication line and to provide an inspector
to oversee construction with the railroad right-of-way.
Authorize the Director of Finance to transfer $49~133.00 from
Capital Improvement Reserve, Account No. 008-052-9575-9172
and establish an account-receivable from the Norfolk-Southern
Railroad for $33}140.05, to the existing account for Hollins
Road Bridge Replacement, Account No. 008-052-9620-9065.
Page 4
WRH/JAP/mm
CC:
Co
Authorize payment to Lanford Brothers Company, Incorporated
for $9~918.00 and payment to Norfolk-Southern Railroad for
$49,063.00 from the existing Hollins Road Bridge Replacement,
Account No. 008-052-9620-9065.
Respectfully submitted,
W. Robert Herbert
City Manager
City Attorney
Director of Finance
Director of Public Works
Director of Utilities & Operations
City Engineer
Construction Cost Technician
Roanoke, Virginia
January 23, 1989
Honorable Mayor and City Council
Roanoke, Virginia
Dear Members of Council:
Subject:
Right-of-Entry Agreement to Enter
Norfolk-Southern Property to Replace
Read Road Bridge Over Railway
I. Back~round:
August 23, 1951 Contract for the Read Road Bridge between
Norfolk and Western Railroad and the City of Roanoke placed
equal maintenance responsibilities on both parties.
B. City Council awarded a contract with Lanford Brothers to
replace the Read Road Bridge on November 28, 1988.
II. Current Situation:
Norfolk-Southern by letter dated November 5, 1987 agreed to
pay five (5) percent ($33~140.05) of the cost to replace the
existing bridge. Five (5) percent equates to 50 percent of
the cost needed to maintain the existing structure (i.e.:
new guardrail, etc.). In addition, Norfolk-Southern con-
ditioned their participation on the termination of the 1951
Contract.
Construction on the new bridge has been delayed pending exe-
cution of a right-of-entry agreement which requires the
Contractor and the City of Roanoke to indemnify Norfolk-
Southern for use of their right of way.
III. Issues:
A. Construction
B. Liability
C. Maintenance
IV. Alternatives:
mo
Authorize City Manager to execute necessary agreements
approved by the City Attorney to terminate the August 23,
1951 Maintenance Agreement and for right of entry on railroad
right of way including indemnification by the City to the
Railway for project liability and to accept
Norfolk-Southern's contribution toward construction of the
new bridge.
Page 2
WRH/JAP/mm
cc:
1. Construction on the new bridge will continue in a timely
Liability to the City for the Read Road Bridge will be
comparable to other roads and bridgee throughout the
City.
3. Maintenance for the bridge will be reduced due to new
construction.
Do not authorize City Manager to execute agreements to ter-
minate the August 23, 1951 Maintenance Agreement and for
right of entry.
Construction on the new bridge will be delayed.
Liability for the one lane bridge on Read Road will be
held Jointly by Norfolk-Southern and the City of
Roanoke.
3. Maintenance responsibility will continue to increase due
to age and condition of the existing bridge.
V. Recommendation:
Alternative A: Authorize City Manager to execute necessary
agreements approved by the City Attorney to terminate the August
23, 1951 Maintenance Agreement and for right of entry on railroad
right of way including indemnification by the City to the Railway
for project liability and to accept Norfolk-Southern's contribu-
tion toward construction of the new bridge.
Respectfully submitted,
W. Robert Herbert
City Manager
City Attorney
Director of Finance
Director of Public Works
City Engineer
~onstruction Cost Technician
Honorable Members of Council
Roanoke, Virginia
Dear Members of Council:
Subject: Bid Committee Report
Read Road Bridge Replacement
Roanoke, Virginia
November 28, 1988
I. Back~round
Read Road Brid~e over the Norfolk and Southern Railroad is
the last one-lane bridge in the City of Roanoke and has a
restrictive weight limit.
Fiscal Year 1988-92 Capital Improvement Pro~rsm - approved by
City Council, included various bridge repair and replacement
projects. The replacement of Read Road Bridge over the
Norfolk and Southern Railroad was included in this program.
Bid package as advertised included two (2) alternative
designs. Option "A" was for a thirty (30) foot wide curb and
gutter road while Option "B" was for a twenty-four (24) foot
wide shoulder and ditch section road. In addition, the bid
package included a portion of a proposed 1988 Bond Issue
Neighborhood Storm Drain Project (Hollins Road at Whiteside
Street, N.E.).
II. Current Situation
City Council received, publicly opened and read three (3)
bids for the subject project on October 24, 1988, and
referred the bids to a Bid Committee to review and report
back to Council with a recommendation.
Lanford Brothers Company, Incorporated, of Roanoke, Virginia
submitted the low bid for Options "A" and "B" of $763~295.80
and ~662~801.00 respectively.
III. Issues in order of importance are:
A. Compliance with Bid Document requirements.
B. qualifications of Contractor.
C. Amount of lowest responsible bid.
D. Funds for construction.
Page 2
IV. Alternatives
Award a unit price contract to Lanford Brothers Company,
Incorporated in the amount of $662,801.00 for Option "B" and
establish a contingency for the project in the amount of
$53~I07.00.
1. Compliance of the bidder with the requirements of the
Bid Documents was met.
2. qualification of the Contractor has been checked and
verified through previous work in the City of Roanoke.
3. Amount of the bid is acceptable and below engineer's
estimate.
4. Funds for construction are available in the following
Public Improvement Bond - Series 1985
(008-052-9577-9181)
$378,649.00
Public Improvement Bond - Series 1988
(008-052-9603-9176)
113,400.00
Capital Improvement Reserve
(008-052-9578-9181)
20,965.00
General Fund - CMERP
50,760.00
Undesignated Capital Fund
152~134.00
TOTAL FUNDS $715,908.00
Award a unit price contract to Lanford Brothers Company,
Incorporated in the amount of ~763~295.80 for Option "A" and
establish a contingency for the project in the amount of
$61~064.00.
1. Compliance of the bidder with the requirements of the
Bid Documents was met.
2. qualification of Contractor has been checked and
verified through previous work in the City of Roanoke.
3. Amount of the bid is acceptable and below the engineer's
estimate.
Page 3
Funds for construction are not available in sufficient
quantity to fund Option "A". Funds in the amount of
$715,908.00 exist in the following accounts:
Public Improvement Bond - Series 1985
(008-052-9577-9181)
$378,649.00
Public Improvement Bond - Series 1988
(008-052-9603-9176)
113,400.00
Capital Improvement Reserve
(008-052-9578-9181)
20,965.00
General Fund - CMERP
50,760.00
Undesignated Capital Fund
152,134.00
TOTAL FUNDS $715,908.00
Therefore, $111~451.80 in funding must be found in order
to fully fund this option.
Do not award a unit price contract to Lanford Brothers
Company, Incorporated in the amount of $662,801.00 or
$763~295.80 for Options "B" and "A", respectively, and rebid
the project. Need to replace bridge would not be met.
1. Compliance of the bidder with the requirements of the
bid documents will be met on future bid.
2. Qualification of Contractor would be determined on
future bid.
3. Amount of bid cannot be determined for a future bid.
4. Funds for construction would remain in respective
accounts totaling $715,908.00.
IV. Recommendation; Alternative A;
Ao
Authorize the City Manager to execute a unit price contract
to Lanford Brothers Company, Incorporated in the amount of
$662~801.00 for Option "B" (twenty-four foot wide shoulder
and ditch section road),
Appropriate and authorize transfer of funds to an account to
be established by the Director of Finance for the Read Road
Bridge Replacement from Public Improvement Bond - Series 1985
(008-052-9577-9181), $378,649.00; Public Improvement Bond -
Series 1988 (008-052-9605-9176), $113~400.00; Capital
Improvement Reserve (008-052-9578-9181), $20,965.00; CMERP,
$50,760.00; and Undesignated Capital Funds, $152,134.00.
Page 4
RAG/JAP/mm
Attachment:
CC:
Tabulation of Bids
City Attorney
Director of Finance
Citizens' Request for Service
City Engineer
Construction Cost Technician
Respectfully submitted,
Robert A. Garland, C~airman
William F. Clark
TABULATION OF BIDS
REPLACEMENT OF READ ROAD BRIDGE
OVER N&W RAILWAY
CITY OF ROANOKE, VIRGINIA
Bids opened before City Council on Monday, October 24, 1988 at 2:00 p.m.
BASE BID
BIDDERS OPTION "A" OPTION "B"
Lanford Brothers Company, Incorporated $763,295.80* $662,801.00'
Robertson Construction Co., Inc. $764,521.00** NO BID
Allegheny Construction Company, Inc. $1,122,178.00 $945,777.00
* Alteration to Bid Form - Add $21,080.00
** Alteration to Bid Form - Add $20,000.00
Engineer's Estimate:
Option "A" - $875,380.00
Option "B" - $723,525.00
~Chiarman
William F. Clark
Kit B. Kiser
Hayes, Seay, Mattern & Mattern Office of City Engineer
Roa.aoke, Virginia Roanoke, Virginia
Office of the City Clerk
May 17, 1989
File #514
Mr. Frank K. Saunders
Attorney
P. O. Box 720
Roanoke, Virginia 24004
Dear Mr. Saunders:
I am enclosing copy of Ordinance No. 29540 permanently vacating,
discontinuing and closing a portion of Irvine Street, S. W.,
extending in a northerly direction from its intersection with the
northerly line of Penn Street, S. W., to property of the
Norfolk-Southern Corporatign and easterly to its terminus; and a
portion of Rail,road Avenue, S. W., extending from its intersec-
tion with the westerly side of Bridge Street, S. W., to pre-
viously vacated Russell Avenue, S. W., and continuing to its
intersection with Irvine Street, S. W., which Ordinance No. 29540
was adopted by the Council of the City of Roanoke on first
reading on Monday, May 8, 1989, also adopted by the Council on
second reading on Monday, May 15, 1989, and will take effect ten
days following the date of its second reading.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:ra
Enc·
pc:
Mr. & Mrs. George W. Overby, 2302 Colonial Avenue, S. W.,
Roanoke, Virginia 24015
Windseal Roofing Company, P. 0. Box 13743, Roanoke, Virginia
24036
Mr. & Mrs. Carl Dowdey, 1016 Second Street, S. W., Roanoke,
Virginia 24016
Ms. Gay B. Martin, 2440 Penn Street, S. W., Roanoke,
Virginia 24015
Room456 MunicipalBuilding 21§ Church Avenue SW R4:~noke Virg,nia24011 (703)981-2541
Mr. F,ank K.
Page 2
May 17. 1989
Saunders
pc:
Mr. & Mrs. Newell D. Warfeo 2438 Penn Street, S. W.,
Roanoke, Virginia 24015
Norfolk Southern Corporation, c/o Property Tax Department,
Eight North Jefferson Street, Roanoke, Virginia 24042
Mr. W. Robert Herbert, City Manager
Mr. Wilburn C. Dibling. Jr., City Attorney
Mr. Steven Jo Talevi, Assistant City Attorney
The Honorable Jerome S. Howard, Jr.~ Co~issioner of Revenue
Mr. Von W. Moody, III, Director of Real Estate Valuation
Mr. Michael M. Waldvogel, Chairman, City Planning Commission
Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals
Mr. William F. Clark, Director of Public Works
Mr. Kit B. Kiser, Director of Utilities and Operations
Mr. Charles M. Huffine., City Engineer
Mr. Ronald H. Miller, Building Corrr~issioner and Zoning
Administrator
Mr. John R. Marlles, Agent/Secretary, City Planning
Corr~nission
Mr. Edward R. Tucker, City Planner
Ms. Doris Layne, Office of Real Estate Valuation
Office of the City Cler~
May 17, 1989
File #514
The Honorable Patsy Testerman
Clerk of the Circuit Court
Roanoke, Virginia
Dear Miss Testerman:
if am attaching copy of Ordinance No. 29540, for proper recordation
in your office, which provides for the permanent vacating,
discontinuing and closing of a portion of Irvine Street, S. W.,
extending in a northerly direction from its intersection with the
northerly line of Penn Street, S. W., to property of the
Norfolk-Southern Corporation and easterly to its terminus; and a
portion of Railroad Avenue, S. W., extending from its intersec-
tion with the westerly side of Bridge Street, S. W., to pre-
viously vacated Russell Avenue, S. W., and continuing to its
intersection with Irvine Street, S. W., which Ordinance No. 29540
was adopted by the Council of the City of Roanoke on first
reading on Monday, May 8, 1989, also adopted by the Council on
second reading on Monday, May 15, 1989, and will take effect ten
days following the date of its second reading.
Sincerely, ~
· /
Mary F. Parker, CMC
City Clerk
MFP:ra
Eric.
pc: Mr. Frank
Virginia
K. Saunders, Attorney, P. O. Box 720, Roanoke,
24004
Room 456 Munici~l Building 215 C~urch Av~que SW Rocinoke, ','qrg~nia 24011 (703) 98%2541
IN THE COUNCIL OF THE CITY OF ROANOKE,
The 15th day of }{ay. 1989.
No. 29540.
VIRGINIA,
AN ORDINANCE permanently, vacating, discontinuing and closing cer-
tain public rights-of-way in the City of Roanoke, Virginia, as is more
particularly described hereinafter.
WHEREAS, Walker Machine and Foundry Corporation has filed an
application to the Council of the City of Roanoke, Virginia, in accor-
dance with law, requesting the Council to permanently vacate, discon-
tinue and close the public rights-of-way described hereinafter; and
WHEREAS, the City Planning Commission, which after giving proper
notice to all concerned as required by S30-14, Code of the City of
Roanoke (1979), as amended, and after having conducted a public
hearing on the matter, has made its recomendation to Council.
WHEREAS, a public hearing was held on said application by the City
Council on ~ay 8, 1989, after due and timely notice thereof as
required by S30-14, Code of the City of Roanoke (1979), as amended, at
which hearing all parties in interest and citizens were afforded an
opportunity to be heard on said application; and
WHEREAS, it appearing from the foregoing that the land proprietors
affected by the requested closing of the subject public rights-of-way
have been properly notified; and
WHEREAS, from all of the foregoing, the Council considers that no
inconvenience will result to any individual or to the public from per-
manently vacating, discontinuing and closing said public rights-of-way.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke,
Virginia, that the public rights-of-way situate in the City of Roanoke,
Virginia, and more particularly described as follows:
A portion of Irvine Street, S.W., extending in a
northerly direction from its intersection with the
northerly line of Penn Street, S.W., to lands of Norfolk
Southern Corporation and a portion of Railroad Avenue,
S.W., extending from its intesection with the westerly
side of Bridge Street, S.W., to previously vacated
Russell Avenue,S.W., and continuing to its intersection
with Irvine Street, S.W., as shown on Sheets 141 and 142
of the Tax Appraisal Maps of the City of Roanoke
be, and they hereby are, permanently vacated, discontinued and closed,
and that all right and interest of the public in and to the same be,
and hereby are, released insofar as the Council of the City of Roanoke
is empowered so to do, reserving however, to the City of Roanoke an
easement for sewer lines and water mains and other public utilities
that may now be located in or across said public rights-of-way,
together with the right of ingress and egress for the maintenance or
replacement of such llnes, mains or utilities, such right to include
the right to remove, without the payment of compensation or damages of
any kind to the owner, any landscaping, fences, shrubbery, structure
or any other encroachments on or over the easement which impede access
for maintenance or replacement purposes at the time such work is
undertaken; such easement or easements to terminate upon the later
abandonment of use or permanent removal from the above-described
public rights-of-way of any such municipal installation or utility by
the owner thereof.
BE IT FURTRER ORDAINED that the City Engineer be, and he is,
directed to mark "permanently vacated" on said public rights-of-way
on all maps and plats on file in his office on which said rights-of-way
are shown, referring to the book and page or ordinances and resolutions
of the Council of the City of Roanoke, Virginia, wherein this ordinance
shall be spread.
BE IT FURTHER ORDAINED that the applicant shall, within one (1) year
from the date of adoption of this ordinance, provide and record an
approved plat of subdivision which plat will integrate the vacated
rights-of-way of Irvine Street, S. W., Russell Avenue, S.W., and
Railroad Avenue, S.W., with the adjacent property of the applicant in
a manner that will not create any landlocked parcels, and further pro-
viding that should the aforesaid plat of subdivision not be prepared
and recorded as required, this ordinance shall become null and void
without any further action of City Council.
BE IT FURTHER ORDAINED that the Clerk of the Council deliver to
the Clerk of the Circuit Court of the City of Roanoke, Virginia, a
certified copy of this ordinance for recordation in the Deed Books of
said Clerk's Office, indexing the same in the name of the City of
Roanoke,
Foundry
who may
Virginia, as Grantor, and in the name of Walker ;/achine and
Corporation, and the names of any other parties in interest
so request, as Grantees.
ATTEST:
City Clerk.
C~ce of ~e CJ~/Oer~
May 2, 1989
File #514
Mr. Frank K. Saunders
Attorney
P. 0. ~ox 720
Roanoke, Virginia 24004
Dear Mr. Saunders:
Pursuant to ray communication under date of April 20, 1989, I am
enclosing copy of an Ordinance~ which was prepared by the City
Attorney's Office, in connection with the request of your client,
Walker Machine and Foundry Corporation, that a portion of Irvine
Street, S. W., extending in a northerly direction from its inter-
section with the northerly line of Penn Street, S. W., to pro-
perty of the Norfolk-Southern Corporation and easterly to its
terminus, and a portion of Railroad Avenue, S. W., extending from
its intersection with the westerly side of Dridge Street, S. W.,
to previously vacated Russell Avenue, S. W., and continuing to
its intersection with Irvine Street, S. W., be permanently
vacated, discontinued and closed. The above described Ordinance
will be considered by the Council at a regular meeting to be held
on Monday, May 8, 1989, at 7:30 p.m.~ in the City Council
Chamber, fourth floor of the Municipal Building.
Please review the Ordinance and if you have questions~ you may
contact Mr. Steven J. Talevi, Assistant City Attorney, at
981-2431.
MFP:ra
PUBLIC47A
Ene.
Sincerely,
Mary F. Parker, CMC
City Clerk
Room 456 Municipal Building 215 C~urch Avenue SW ['~anoke ~Arglnia 24011 (703) 98t-2541
Roanoke City Planning Commission
May 8, 1989
The Honorable Noel C. Taylor,
and Members of City Council
Roanoke, Virginia
Mayor
Dear Members of Council:
Subject:
Amended request of Walker Machine and
Foundry Corporation, represented by Frank
K. Saunders, attorney, that a portion of
Irvine Street, S.W., extending in a
northerly direction from its intersection
with the northerly line of Penn Street,
S.W., to lands of the Norfolk-Southern
Corporation and easterly to its terminus,
and a portion of Railroad Avenue, S.W.,
extending from its intersection with the
westerly side of Bridge Street, S.W., to
previously vacated Russell Avenue, S.W.,
and continuing to its intersection with
Irvine Street, S.W., be permanently
vacated, discontinued and closed.
Background:
Irvine Street and Railroad Avenue, S.W., as
requested for closure are situated adjacent
to Penn and Bridge Streets in the southwest
section of the City.
Planning Commission previously reviewed and
recommended approval of the applicant's
request to close and vacate a portion of
Irvine Street, S.W., on March 1, 1989.
Staff report pointed out that the
applicant's (Walker Machine and Foundry
Corporation) property was encroaching upon
the adjacent street, Railroad Avenue. (See
attached map B.)
F~wn 355 Municipol Building 215 Churah Avenue, S W Roanoke, Virginia 24011 (700) 981-20~
Roanoke City Council
May 8, 1989
Page 2
Railroad Avenue, S.W., as requested for
closure, is shown on the City's official
appraisal maps as a public right-of-way.
Ordinances effecting other adjacent street
closures have at various times referred to
the subject Railroad Avenue as "having
never been developed and having long since
been abandoned."
Documents or plats, legally acceptable to
the City of Roanoke have not been submitted
or recorded in a manner that would properly
close and legally vacate the subject
Railroad Avenue, S.W.
Official closure and vacation by the City
would accomplish the following:
Remove any future question as to the
street's status as a public right-of-
way.
Facilitate and clarify the issue of
ownership or title to the land within
the street.
Remove the street as a feature on all
City maps and merge it into the
abutting property by combining it with
the adjacent property.
Applicant has since submitted an amended
application to include Railroad Avenue,
S.W., as shown on the attached Map B as a
part of the closure request.
Street rights-of-way, as requested for
closure, are undeveloped as a public
streets.
Ordinance No. 17293, adopted on December
19, 1966, appears to have effected the
closure of Russell Avenue, S.W., in a
manner that extended the area of the
closure through the public right-of-way of
Railroad Avenue, S.W. Street and alley
closures are normally required to terminate
at their point of intersection with any
other adjacent street.
Roanoke City Council
May 8, 1989
Page 3
Area of right-of-way extending in a
northeasterly direction from the north end
of Irvine Street, S.W., for a distance of
47.72 feet to an intersection with the
previously vacated Russell Avenue, S.W.,
appears to be a remaining portion of
Railroad Avenue, S.W., that was left in a
dead-end status by the overextended closure
of Russell Avenue, S.W., by ordinance
#17293.
II.
Current Situation:
Amended application to close and vacate the
subject portion of Irvine Street, S.W., and
Railroad Avenue, S.W., was received on
March 16, 1989.
Application states that the petitioner is
the current owner of all of the lands
situated to the east of the subject Irvine
Street area and has an active contract to
purchase all of the land immediately
adjacent to the west side of the subject
street.
Applicant (Walker Machine & Foundry Corp.)
also owns the parcel of land situated to
the south of Railroad Avenue and to the
east of that portion of Russell Avenue,
S.W., previously vacated by Ord. No. 17293.
The principal buildings situated on this
parcel are encroaching upon the public
right-of-way of Railroad Avenue, S.W. at
five different points (see attached Map B).
Railroad Avenue, S.W., as it extends from
Bridge Street, S.W., to the previously
vacated Russell Avenue and to its
intersection with the subject Irvine
Street, S.W., is currently and has for many
years been utilized by Walker Machine and
Foundry Corp., solely for its own private
enterprise purposes.
City has no current or future plans to
utilize these undeveloped street rights-of-
way.
III. Issues:
Neighborhood impact: Closure would have no
affect on the immediate industrial
community.
Roanoke City Council
May 8, 1989
Page 4
Traffic impact: Closure would have no
impact on traffic.
C. Utilities within the public right-of-way:
City has no utilities within the
public rights-of-way.
Correspondence received by the staff
indicates that there are no private
utilities within the rights-of-way.
D. Creation of a dead-end street:
Closure will not create a dead-end
street.
Closure will eliminate a dead-end
street.
Land use: A proper subdivision plat should
be required to ensure that all vacated
public rights-of-way are properly disposed
of and integrated within the adjacent
properties.
Relationship to the comprehensive plan:
Request is consistent with the intent of
the comprehensive plan that available land
should be used in the most appropriate
manner.
Land within the undeveloped rights-of-
way has remained idle and in a
non-taxable status for many years.
Abutting property owner could utilize
the land in a more efficient and
productive manner.
IV.
Recommendation:
The Planning Commission, by a vote of 6-0,
recommends to City Council that the applicant's
request to close and vacate the subject portion
of Irvine Street, $.W. and Railroad Avenue,
S.W., be approved, subject to the following
conditions:
That the applicant agree to have prepared a
proper subdivision plat for submittal to
the City for review, approval and
recordation, integrating the vacated
Roanoke City Council
May 8, 1989
Page 5
rights-of-way of Irvine Street, S.W.,
Russell Avenue, S.W., and Railroad Avenue,
S.W., as respectively described herein, in
a manner that will avoid the creation of
any landlocked parcel.
That the applicant agree to provide and
record the above-mentioned subdivision plat
within a period of one year from the date
of any ordinance adopted by City Council
providing for the subject closure. In the
event that the above plat is not submitted
within the specified one year period, the
subject ordinance shall become null and
void without any further action required of
City Council.
Respectfully submitted
Michael M. Waldvogel, Chairman
Roanoke City Planning Commission
JRM:ERT:mpf
attachments
cc: Assistant City Attorney
Director of Public Works
City Engineer
Building Commissioner
Attorney for the Petitioner
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
IN RE:
AMENDED APPLICATION OF WALKER
MACHINE & FOUNDRY CORPORATION
FOR VACATION OF PORTION OF
IRVINE STREET, S.W. EXTENDING IN
A NORTHERLY DIRECTION FROM ITS
INTERSECTION WITH THE NORTHERLY
LINE OF PENN STREET, S.W., TO
LANDS OF NORFOLK SOUTHERN
CORPORATION AND PORTION OF
RAILROAD AVENUE, S.W. EXTENDING
FROM ITS INTERSECTION WITH THE
WESTERLY SIDE OF BRIDGE STREET
S.W. TO PREVIOUSLY VACATED RUSSELL
AVENUE, S.W. AND CONTINUING TO ITS
INTERSECTION WITH IRVINE STREET,
S.W. AS SHOWN ON SHEETS 141 AND
142 OF THE TAX APPRAISAL MAP OF
THE CITY OF ROANOKE
AMENDED APPLICATION FOR
VACATING, DISCONTINUING AND
CLOSING OF PORTION OF
IRVINE STREET, S.W. AND
PORTION OF RAILROAD AVENUE,
S.W.
Walker Machine and Foundry Corporation, by counsel, applies
to have a portion of Irvine Street, S.W. and a portion of
Railroad Avenue, S.W., in the City of Roanoke, Virginia, per-
manently vacated, discontinued and closed, pursuant to Virginia
Code Section 15.1-364 and Section 30-14, Code of the City of
Roanoke (1979), as amended. These streets are more particularly
described on the map attached and as follows:
Portion of Irvine Street, S.W. extending in a northerly
direction from its intersection with the northerly line
of Penn Street, S.W. to lands of Norfolk Southern
Corporation and portion of Railroad Avenue, S.W.
extending from its intersection with the westerly side
of Bridge Street, S.W. to previously vacated Russell
Avenue, S.W., and continuing to its intersection with
Irvine Street, S.W.
Walker Machine and Foundry Corporation states that the
grounds for this application are as follows:
-2-
1. That your Petitioner is the fee simple owner of
lands abutting the aforesaid portion of Irvine Street, S.W.
on the easterly side thereof designated as Tax Appraisal Map
Parcel No. 1420701 and has a contract for the purchase of
the lands abutting on the westerly side of said street from
George W. Overby being Lots 0-6 and portion of closed alley in
Roanoke Development Company, Section 3 Subdivision and being a
portion of Tax Appraisal Map Parcel No. 1410208.
2. That your Petitioner is the fee simple owner of lands
abutting the aforesaid portion of Railroad Avenue, S.W. on the
southerly side thereof designated as Tax Appraisal Map as Parcel
Nos. 1420201 and 1420701.
3. That landowners whose property adjoins the streets to
be vacated have been notified.
4. That the portion of Irvine Street, S.W., sought to be
vacated is undeveloped and represents a liability to the City as
a public right-of-way and is no longer necessary for the intended
original purpose of providing ingress and egress to abutting
properties.
5. That your Petitioner desires to use the portion of
Irvine Street, S.W. sought to be vacated as a portion of and in
conjunction with its adjoining remaining lands and lands to be
purchased adjacent thereto, creating a contiguous parcel for
Petitioner's use.
-3-
6. That Walker Machine and Foundry by deed dated June 30,
1920, of record in the Clerk's Office of the Circuit Court of the
City of Roanoke, Virginia acquired title to portions of Railroad
Avenue, S.W. Sought to be vacated by deed from the adjacent
landowner, reciting that Railroad Avenue, S.W. had never at any
time been used as street, highway or as a public throughfare but
on the contrary had been used by the abutting landowners as a
portion of their land to the extent that buildings had been
constructed thereon and that neither the County of ~Oanoke nor
the City of Roanoke had ever at any time done any act to improve
or develop for public use the street in any manner, and the same
had for a long period of time before 1920 been abandoned as a
street or highway. This vacation or abandonment was further
recognized in Ordinance No. 17293 adopted by Council for the City
of Roanoke, on December 19, 1966, closing Russell Avenue, S.W.
and portion thereof overlaping Railroad Avenue, S.W. reciting
therein that Railroad Avenue, S.W. had long since been vacated
and abandoned; however the Tax Appraisal Map of the City of
Roanoke, Virginia still shows Railroad Avenue, S.W. as a public
street and to clarify the existing conditions and status thereof
Petitioner feels that it is in the best interest of the City of
Roanoke and itself to officially Petition for the closing of the
portion of Railroad Avenue, S.W. extending from the westerly side
of Bridge Street, S.W. to intersection with Irvine Street, S.W.
-4-
WHEREFORE, Walker Machine and Foundry Corporation
respectfully requests that the above described streets, be
vacated by the Council of the City of Roanoke, Virginia, in
accordance with Virginia Code Section 15.1-364 and Section
30-14, Code of the City of Roanoke (1979), as amended.
Respectfully submitted,
WALKER MACHINE AND FOUNDRY
CORPORATION
Frank K. Saunders
Woods, Rogers & Hazlegrove
105 Franklin Road, S.W.
P. O. Box 720
Roanoke, Virginia 24004
703-982-4200
Counsel for Petitioner
/ / /
'/ / /
/ ,-
!
Property owners affected by the proposed closing are as follows:
Walker Machine & Foundry Corpora:ion
P. O. Box 4587
Roanoke, Virginia 24015
Petitioner and owner:
Block 6, Sec:ion 3, Roanoke Development Company
Tax Parcel NO. ]42~01 & No. 1420201
Con:tact holder to purchase:
Lots 0-6, and closed alley, Block
Roanoke Development Company,
Part of Tax Parcel No. 1410208
Owners - George W. & Be:fy Overby
2302 Colonial Ave., S.W.
Roanoke, Virginia
13, Section 3
Windseal Roofing Co.
P. O. Box 13743
Roanoke, Virginia 24036
LOtS 7, 8 & 9 & part closed alley Block 13,
Section 3, Roanoke Development Company
Tax Parcel Nos. 1410216 & 1410217
Carl K. Dowdey, II
Kaye D. Dowdey
1016 2nd Street, S.W.
Roanoke, Virginia
Lots 10-17 & part closed alley, Block
Roanoke Development Company
Tax Parcel Nos. 1410230 & 1410229X
13, ~ection 3,
Gay Bailey Martin
2440 Penn Street, S.W.
Roanoke, Virginia 24015
Part Lot 1, Block 7, Section 3,
Roanoke Development Company
Tax Parcel No. 1420801
Newel1 D. Warfe
Eva S. Warfe
2438 Penn Street, S.W.
Roanoke, Virginia 24015
Part Lot 1, all 2 & Par: 3,
Roanoke Development Company
Tax Parcel No. 1420802
Block 7,
Sec:ion 3
Norfolk Southern Corporation
Property Tax Department
8 N. Jefferson Street, N.W.
Roanoke, Virginia 24042
ill'!
LOCATION
---]
II
Office of ~e City Cler~
April 20~ 1989
File #514
Mr. Frank K. Saunders
Attorney
P. 0. Box 720
Roanoke, Virginia 24004
Dear ~r. Saunders:
I am enclosing copy of a report of the City Planning Corr~ission
recorr~lending that the Council of the City of Roanoke grant the
request of your client~ Walker Machine and Foundry Corporation,
that a portion of Irvine Street, S. W., extending in a northerly
direction from its intersection with the northerly line of Penn
Street, S. W.~ to property of the Norfolk-Southern Corporation
and easterly to its terminus, and a portion of Railroad Avenue~
S. W., extending from its intersection with the westerly side of
Bridge Street~ S. W., to previously vacated Russell Avenue,
S. W., and continuing to its intersection with Irvine Street,
S. W., be permanently vacated, discontinued and closed.
Pursuant to Resolution No. 25523 adopted by the Council of the
City of Roanoke at a regular meeting held on Monday, April 6,
1981, a public hearing on the abovedescribed request has been set
for Monday, May 8~ 1989, at 7:30 p.m., in the City Council
Chamber, fourth floor of the Municipal Building, 215 Church
Avenue, S. W.
For your information, I am also enclosing copy of a notice of the
public hearing and an Ordinance providing for the closure~ which
notice and Ordinance were prepared by the City Attorney's Office.
(The Ordinance will be forwarded to you under separate cover).
Please review the Ordinance and if you have questions, you may
contact Mr. Steven J. Talevi~ Assistant City Attorney~ at
981-2431. Questions with regard to the City Planning Corr~ission
report should be directed to ~r. John R. Marlles, Chief of
Community Planning, at 981-2344.
Sincerely~ ~L
Mary F. Parker, CMC
City Clerk
MFP:ra
PUBLIC47
Room 456 Muni¢ipol Building 2t5 Church Avenue SW Roanoke V~rg~nia 24011 (703) 981-2541
Mr. Frank
April 20,
Page 2
K. Saunders
1989
pc:
Mr. & Mrs. George W. Overby, 2302 Colonial Avenue, S. W.,
Roanoke, Virginia 24015
Windseal Roofing Company~ P. 0. Box 13743, Roanoke, Virginia
24036
Mr. & Mrs. Carl Dowdey, 1016 Second Street, S. W.~ Roanoke~
Virginia 24016
Ms. Gay B. Martin, 2440 Penn Street, S. W., Roanoke,
Virginia 24015
Mr. & Mrs. Newell D. Warfe, 2438 Penn Street~ S. W.,
Roanoke, Virginia 24015
Norfolk Southern Corporation, cio Property Tax Department~
Eight North Jefferson Street~ Roanoke, Virginia 24042
Mr. W. Robert tierbert~ City Manager
Mr. Wilburn C. Dibling, Jr., City Attorney
Mr. Steven J. Talevi, Assistant City Attorney
The Honorable Jerome S. Howard, Jr., Corr~nissioner of Revenue
Mr. Von W. Moody, III, Director of Real Estate Valuation
Mr. Michael ~. Waldvogel, Chairman~ City Planning Commission
Mr. L. Elwood Norris, Chairman~ Board of Zoning Appeals
Mr. William F. Clark~ Director of Public Works
Mr. Kit Bo Kiser, Director of Utilities and Operations
Mr. Charles M. Huffine, City Engineer
Mr. Ronald H. Miller~ Building Commissioner and Zoning
Administrator
Mr. John R. Marlles, Agent/Secretary, City Planning
Corr~ission
Mr. Edward R. Tucker, City Planner
Ms. Doris Layne, Office of Real Estate Valuation
P C ~6;,, 72C
SI~IL OF VIKGiJ~I~
CiIY ;Si- ~,,S~r~OF,~
~:F1D~VtT Er
PUgLICATIU,N
0~/2.L/~S Mux?it qb
AuTHL,;~Yl Z c b SIGNATUKE
NOTICE OF PUBLIC HEARING
TO WHOM IT MAY CONCERN:
The Council of the City of Roanoke will hold a Public Hearing
on Monday, May 8, 1989, at 7:30 p.m. or as soon thereafter as the
matter may be heard, in the Council Chamber in the Municipal
Building, 215 Church Avenue, S. W., on an application to per-
manently abandon, vacate, discontinue and close the following
public rights-of-way:
A portion of Irvine Street, S. W., extending in a
northerly direction from its intersection with the
northerly line of Penn Street, S. W., to lands of
Norfolk Southern Corporation and a portion of Railroad
Avenue, S. W., extending from its intersection with the
westerly side of Bridge Street, S. W., to previously
vacated Russell Avenue, S. W., and continuing to its
intersection with Irvine Street, S. W., as shown on
Sheets 141 and 142 of the Tax Appraisal Maps of the City
of Roanoke.
A copy of this proposal is available for public inspection in
the
parties in interest and citizens may appear
be heard on the question.
GIVEN under my hand this 19thday of
Office of the City Clerk, Room 456, Municipal Building. All
on the above date and
AprJ! , 19 89.
Mary F. Parker, City Clerk.
Please publish in full twice, once on Friday,
April 21, 1989, and once on Friday, April 28,
1989, in the Roanoke Times & World News,
Morning Edition.
Please send publisher's affidavit to:
Ms. Mary F. Parker, City Clerk
Room 456, Municipal Building
Roanoke, Virginia 24011
Please bill to:
Mr. Frank K. Saunders
Attorney
P. O. Box 720
Roanoke, Virginia 24004
Office of the City Cler~
March 22, 1989
File #514
Mr. Michael M. Waldvogel
Chairman
City Planning Commission
Roanoke, Virginia
Dear Mr. Waldvogel:
Pursuant to Ordinance No. 25226, I am enclosing copy of an
amended application from Mr. Frank K. Saunders, Attorney, repre-
senting Walker Machine and Foundry Corporation, requesting that a
portion of Irvine Street, S.W., extending in a northerly direc-
tion from its intersection with the northerly line of Penn
Street, S. W., to lands of Norfolk Southern Corporation and a
portion of Railroad Avenue, S. W., extending from its intersec-
tion with the westerly side of Bridge Street, S. W.~ to pre-
viously vacated Russell Avenue, S. W., and continuing to its
intersection with Irvine Street, S. W., as shown on Sheets 141
and 142 of the tax appraisal map, be permanently vacated, discon-
tinued and closed.
Sincere ly, ~']
Mary F. Parker, CMC
City Clerk
MFP: ra
ST. CLOSE47
Eric,
pc: Mr. Frank K. Saunders~ Attorney, P. O. Box 720,
Virginia 24004
Mr. John R. Marlles, Agent/Secretary, City Planning
Commission
Mr. Edward R. Tucker, City Planner
iir. Ronald H. Miller, Zoning Administrator
Mr. Steven J. Talevi, Assistant City Attorney
Roanoke,
Room 456 Municil:x::ll Building 215 Church Avenue S W Roanol,,e ',4rg~nia 2401 ~ (703) 98t-254'i
NOTICE OF PUBLIC HEARING BEFORE THE ROANOKE CITY PLANNING
COMMISSION
TO WHOM IT MAY CONCERN:
The Roanoke City Planning Commission will hold a public
hearing on Wednesday, April 5, 1989, at 1:30 p.m., or as soon
thereafter as the matter may be heard, in the City Council
Chamber, fourth floor, Municipal Building, in order to consider
the following:
Request from Walker Machine and Foundry Corporation,
represented by Frank K. Saunders, Attorney, that a portion
of Irvine Street, S.W., extending in a northerly direction
from its intersection with the northerly line of Penn
Street, S.W., to lands of Norfolk Southern Corporation and
easterly to its terminus, and a portion of Railroad Avenue,
S.W., extending from its intersection with the westerly side
of Bridge Street, S.W., to previously vacated Russell
Avenue, S.W., and continuing to its intersection with Irvine
Street, S.W., be permanently vacated, discontinued and
closed.
A copy of said application is available for review in the
Office of Community Planning, Room 355, Municipal Building.
All parties in interest and citizens may appear on the above
date and be heard on the matter.
John R. Marlles, Agent/Secretary
Roanoke City Planning Co~ission
Please run in the morning edition on March 21, 1989.
Please run in the evening edition on March 28, 1989.
Please bill:
Mr. Frank K. Saunders
Woods, Rogers & Hazlegrove
P. O. Box 720
Roanoke, VA 24004
Please send an affidavit of publication to:
Office of Community Planning
Room 355, Muncipal Building
Roanoke, VA 24011
Office of the City Clerk
February 10, 1989
File #$14
Mr. Michael M. Waldvogel
Chairman
City Planning Corr~ission
Roanoke, Virginia
Dear Mr. Watdvogel:
am enclosing copy of an appIi-
Attorney, representing Walker
requesting that a portion of
a northerly direction from its
Pursuant to Ordinance No. 25228, I
cation from Mr. Frank K. Saunders,
Machine and Foundry Corporation,
Irvine Street, S.W., extending in
intersection with the northerly line of Penn Street, S. W., to
lands of Norfolk Southern Corporation and easterly to its ter-
minus, be permanently vacated, discontinued and closed.
Sincerely, ~
Mary F. Parker, CMC
City Clerk
MFP:ra
Enc.
pc:
Mr. Frank K. Saunders, Attorney, P. O. Box 720,
Virginia 24004
Mr. John R. Marttes, Agent/Secretary, City Planning
Commission
Mr. Edward R. Tucker, City Planner
Mr. Ronatd H. Miller, Zoning Administrator
Mr. Steven J. Talevi, Assistant City Attorney
Roanoke,
Room 456 Municit:~al Building 215 Church Avenue SW Roanc:4~ ~rg~nia 24011 (703) 981-2541
LAW OFFICES
WOODS, ROGERS
& HAZLEGROVE
ROANOKE, VA.
IN RE:
IN THE COUNCIL'8.~Fi ~'<~'~?E- ~2I~QF. . ~ ROANOKE, VIRGINIA
APPLICATION OF WALKER MACHINE &
FOUNDRY CORPORATION FOR VACATION
OF PORTION OF IRVINE STREET, S.W.
SHOWN ON SHEETS 141 and 142 OF
TAX APPRAISAL MAP OF THE CITY OF
ROANOKE, EXTENDING IN A NORTHERLY
DIRECTION FROM ITS INTERSECTION
WITH THE NORTHERLY LINE OF PENN
STREET, S.W. TO LANDS OF NORFOLK
SOUTHERN CORPORATION AND EASTERLY
TO ITS TERMINUS
APPLICATION FOR VACATING
DISCONTINUING AND CLOSING
OF PORTION OF IRVINE
STREET, S.W.
Walker Machine and Foundry Corporation, by counsel,
applies to have a portion of Irvine Street, S.W., in the City of
Roanoke, Virginia, permanently vacated, discontinued and closed,
pursuant to Virginia Code Section 15.1-364 and Section 30-14,
Code of the City of Roanoke (1979), as amended. This street is
more particularly described on the map attached and as follows:
Portion of Irvine Street, S.W. shown on Sheets 141 and
142 of Tax Appraisal Map of the City of Roanoke,
extending in a northerly direction from its intersection
with the northerly line of Penn Street, S.W. to lands of
Norfolk Southern Corporation and easterly to its
terminus
Walker Machine and Foundry Corporation states that the
grounds for this application are as follows:
1. That your Petitioner is the fee simple owner of
lands abutting the aforesaid portion of Irvine Street, S.W.
LAW OFFICES
WOODS, ROGERS
& HAZI. EGROVE
ROANOKE. VA.
-2-
on the easterly side thereof designated as Tax Appraisal Map
Parcel No. 1420701 and has a contract for the purchase of
the lands abutting on the westerly side of said street from
George W. Overby being Lots 0-6 and portion of closed alley in
Roanoke Development Company, Section 3 Subdivision and being a
portion of Tax Appraisal Map Parcel No. 1410208.
2. That land owners whose property adjoins the street to
be vacated have been notified.
3. That the portion of Irvine Street, S.W., sought to
be vacated is undeveloped and represents a liability to the
City as a public right-of-way and is no longer necessary for
the intended original purpose of providing ingress and
egress to abutting properties.
4. That your Petitioner desires to use the Droperty to
be vacated as a portion of and in conjunction with its
adjoining remaining lands and lands to be purchased adjacent
thereto, creating a contiguous parcel for Petitioner's use.
WHEREFORE, Walker Machine and Foundry Corporation
respectfully requests that the above described street, be
vacated by the Council of the City of Roanoke, Virginia, in
accordance with Virginia Code Section 15.1-364 and Section
30-14, Code of the City of Roanoke (1979), as amended.
-3-
Respectfully submitted,
WALKER MACHINE AND FOUNDRY
CORPORATION
~ Of Couns~-i~
Frank K. Saunders
Woods, Rogers & Hazlegrove
105 Franklin Road, S.W.
P. O. Box 720
Roanoke, Virginia 24004
703-982-4200
Counsel for Petitioner
LAW OFFICES
WOODS, ROGERS
& HAZLEGROVE
ROANOKE, VA.
Property owners affected by the Droposed closing are as follows:
Se
Walker Machine & Foundry Corporation
P. O. Box 4587
Roanoke, Virginia 24015
Petitioner and owner:
Block 6, Section 3, Roanoke Development Company
Tax Parcel No. 142.~1
be
Contract holder to purchase:
Lots 0-6, and closed alley, Block 13,
Roanoke Development Company,
Part of Tax Parcel No. 1410208
Owners - George W. & Betty Overby
2302 Colonial Ave., S.W.
Roanoke, Virginia
Section 3
Windseal Roofing Co.
P. O. Box 13743
Roanoke, Virginia 24036
Lots 7, 8 & 9 & part closed alley Block 13,
Section 3, Roanoke Development Company
Tax Parcel Nos. 1410216 & 1410217
Carl K. Dowdey, II
Kaye D. Dowdey
1016 2nd Street, S.W.
Roanoke, Virginia
Lots 10-17 & part closed alley, Block
Roanoke Development Company
Tax Parcel Nos. 1410230 & 1410229X
13, Section 3,
Gay Bailey Martin
2440 Penn Street, S.W.
Roanoke, Virginia 24015
Part Lot 1, Block 7, Section 3,
Roanoke Development Company
Tax Parcel No. 1420801
Newell D. Warfe
Eva S. Warfe
2438 Penn Street, S.W.
Roanoke, Virginia 24015
Part Lot 1, all 2 & Part 3,
Roanoke Development Company
Tax Parcel No. 1420802
Block 7,
Section 3
Norfolk Southern Corporation
Property Tax Department
8 N. Jefferson Street, N.W.
Roanoke, Virginia 24042
Request from Walker Machine and Foundry Corporation,)
rep~en~ ~F~.~ Saunders, attorney, that a )
portion o~i~ine ~f~e%t, S.w., extending in a )Affidavit
northerly direction from its intersection with the
northerly line of Penn Street, S.W., to lands of
Norfolk Southern Corporation and easterly to its
terminus, and a portion of Railroad Avenue, S.W.,
extending from its intersection with the westerly
side of Bridge Street, S.W., to previously vacated
Russell Avenue, S.W., and continuing to its inter-
section with Irvine Street, S.W., be permanently
vacated, discontinued and closed.
COMMONWEALTH OF VIRGINIA )
) TO-WIT:
CITY OF ROANOKE )
The affiant, Martha Pace Franklin, first being duly sworn, states
that she is secretary to the Secretary of the City of Roanoke Planning
Commission, and as such is competent to make this affidavit of her own
personal knowledge. Affidavit states that, pursuant to the provisions
of ~15.1-341) Code of Virginia (1950), as amended, on behalf of the
Planning Con,mission of the City of Roanoke she has sent by first-class
mail on the 27th day of March, 1989, notices of a publc hearing to be
held on the 5th day of April, 1989, on the street closure captioned
above to the owner or agent of the parcels listed below at their last
known address:
PARCEL OWNERt AGENT OR OCCUPANT ADDRESS
1410208 George W. & Betty Overby 2302 Colonial Avenue
Roanoke, VA 24015
1410216 Windseal Roofing Co. P.O. Box 13743
1410217 Roanoke, VA 24036
1410230 Carl & Kaye Dowdey 1016 2nd Street, SW
1410229X Roanoke, VA 24016
1420801 Gay Bailey Martin 2440 Penn Street, SW
Roanoke, VA 24015
1420802 Newell D. Warfe 2438 Penn Street, SW
Eva S. Warfe Roanoke, VA 24015
Norfolk Southern Corporation 8 N. Jefferson Street
Property Tax Deparment Roanoke, VA 24042
MArtha Pace Franklin
SUBSCRIBED AND SWOP~N to before me, a Notary Public, in the City of
Roanoke, Virginia, this 27th day of March, 1989.
My Co~ission Expires:
PERTAINING TO THE STREET'~L~O~.~3
Request from Walker Machine and Foundry Corporation,
represented by Frank K. Saunders, attorney, that a
portion of Irvine Street, S.W., extending in a
northerly direction from its intersection with the
northerly line of Penn Street, S.W., to lands of
Norfolk Southern Corporation and easterly to its
terminus, and a portion of Railroad Avenue, S.W.,
extending from its intersection with the westerly
side of Bridge Street, S.W., to previously vacated
Russell Avenue, S.W., and continuing to its inter-
section with Irvine Street, S.W., be permanently
vacated, discontinued and closed.
Affidavit
COMMONWEALTH OF VIRGINIA )
)
CITY OF ROANOKE )
TO-WIT:
The affiant, Martha Pace Franklin, first being duly sworn, states
that she is secretary to the Secretary of the City of Roanoke Planning
Commission, and as such is competent to make this affidavit of her own
personal knowledge. Affidavit states that, pursuant to the provisions
of ~15.1-341) Code of Virginia (1950), as amended, on behalf of the
Planning Commission of the City of Roanoke she has sent by first-class
mail on the 27th day of March, 1989, notices of a publc hearing to be
held on the 5th day of April, 1989, on the street closure captioned
above to the owner or agent of the parcels listed below at their last
known address:
PARCEL OWNER~ AGENT OR OCCUPANT ADDRESS
1410208
George W. & Betty Overby
2302 Colonial Avenue
Roanoke, VA 24015
1410216
1410217
Windseal Roofing Co.
P. O. Box 13743
Roanoke, VA 24036
1410230
1410229X
Carl & Kaye Dowdey
1016 2nd Street, SW
Roanoke, VA 24016
1420801
Gay Bailey Martin
2440 Penn Street, SW
Roanoke VA 24015
1420802 Newell D. Warfe
Eva S. Warfe
2438 Penn Street, SW
Roanoke VA 24015
Norfolk Southern Corporation 8 N. Jefferson Street
Property Tax Deparment Roanoke, VA 24042
M~rtha Pace Franklin
SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of
Roanoke, Virginia, this 27th day of March, 1989.
Notary Publio/
My Commission Expires:
TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIAC!7¥ ~' ' ~ ~
PERTAINING TO THE STREET CLOSURE OF:
Request from Walker Machine and Foundry Corporation,
represented by Frank K. Saunders, attorney, that a
portion of Irvine Street, S.W., extending in a
northerly direction from its intersection with the
northerly line of Penn Street, S.W., to lands of
Norfolk Southern Corporation and easterly to its
terminus, be permanently vacated, discontinued and
closed.
Affidavit
COMMONWEALTH OF VIRGINIA )
)
CITY OF ROANOKE )
TO-WIT:
The affiant, Martha Pace Franklin, first being duly sworn, states
that she is secretary to the Secretary of the City of Roanoke Planning
Commission, and as such is competent to make this affidavit of her own
personal knowledge. Affidavit states that, pursuant to the provisions
of ~15.1-341) Code of Virginia (1950), as amended, on behalf of the
Planning Commission of the City of Roanoke she has sent by first-class
mail on the 17th day of February, 1989, notices of a public hearing to
be held on the 1st day of March, 1989, on the street closure captioned
above to the owner or agent of the parcels listed below at their last
known address:
PARCEL
OWNERt AGENT OR OCCUPANT
ADDRESS
1410208
George W. & Betty Overby
1410216 Windseal Roofing Co. P.O. Box 13743
1410217 Roanoke, VA 24036
1410230 Carl & Kaye Dowdey 1016 2nd Street, SW
1410229X Roanoke, VA 24016
1420801
Gay Bailey Martin
2302 Colonial Avenue
Roanoke, VA 24015
1420802 Newell D. Warfe
Eva S. Warfe
2440 Penn Street, SW
Roanoke, VA 24015
2438 Penn Street, SW
Roanoke, VA 24015
Norfolk Southern Corporation 8 N. Jefferson Street
Property Tax Deparment Roanoke, VA 24042
Martha Pace Franklin
SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of
Roanoke, Virginia, this 17th day of February, 1989.
Notary Public
My Commission Expires:
Office of the City Cler~
May 17, 1989
File #51
Mr. George A. Preas
5304 Hunting Hills Drive, S.
Roanoke, Virginia 24014
Dear Mr. Preas:
[ am enclosing copy of Ordinance No. 29541 rezoning a tract of
land lying on Grandview Avenue, No W., between Empress Drive and
Mart Street, designated as Official Tax No. 2270223, from RS-3,
Residential Single Family District, to C-1, Office District,
which Ordinance No. 29541 was adopted by the Council of the City
of Roanoke at a regular meeting held on Monday, May 15, 1989.
Sincerely, /~ ~
Mary F. Parker, CMC
City Clerk
MFP:sw
Enco
pc:
Mr. Hugh Fletcher, Jr., P. O. Box 8008, Roanoke, Virginia
24014
Ms. Esther C. Cecil, 4419 Thelma Street, N. W., Roanoke,
Virginia 24017
Ms. Ruth E. Lemon, 2601 Hebert Street, N. W., Roanoke,
Virginia 24012
Mr. & Mrs. Clyde L. Rhoads, 2602 Mart Street, N. W., Roanoke,
Virginia 24012
Mr. Byron S. Webb, 2601 Mart Street, N. W., Roanoke, Virginia
24012
Mr. Robert J. Miller, 1235 Crutchfield Street, Hollins,
Virginia 24019
Avenham Associates, c/o R. E. Tax Manager, 8700 West Bryn
Mawr, Chicago, Illinois 60631
Dominion Federal S & L, c/o Accounting Department, P. O. Box
9564, McLean, Virginia 22102
Room 456 Municipal Building 215 Church Avenue S.W Roanc~e, V~rg~nia 24011 (703) 98t-2541
Mr. George A. Preas
Page 2
May 17, 1989
pc: Mr. Wayne G. Strickland, Executive Director, Fifth Planning
District Commission, P. 0. Box 2569, Roanoke, Virginia 24010
Mr. W. Robert Herbert, City Manager
Mr. Wilburn C. Dibling, Jr., City Attorney
Mr. Steven J. Talevi, Assistant City Attorney
Mr. Von W. Moody, III, Director of Real Estate Valuation
Mr. Michael M. Waldvogel, Chairman, City Planning Corrgnission
Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals
Mr. William F. Clark, Director of Public Works
Mr. Kit B. Kiser, Director of Utilities and Operations
Mr. Charles M. Huffine, City Engineer
Mr. Ronald H. Miller, Building Co~,~,~issioner and Zoning
Administrator
Mr. John R. Marlles, Agent/Secretary, City Planning
Commission
Ms. Doris Layne, Office of Real Estate Valuation
IN THE COUNCIL OF THE CITY OF ROANOKE,
The 15th day of May, 1989.
No. 29541.
VIRGINIA,
AN ORDINANCE to amend S36.1-3, Code of the City of
as amended, and Sheet No. 227, Sectional 1976 Zone Map,
Roanoke, to rezone certain property within the City, subject
rain conditions proffered by the applicant.
Roanoke (1979),
City of
to cer-
WHEREAS, application has been made to the Council of the City of
Roanoke to have the hereinafter described property rezoned from RS-3,
Residential Single Family District, to C-1, Office District, subject
to certain conditions proffered by the applicant; and
WHEREAS, the City Planning Commission, which after giving proper
notice to all concerned as required by $36.1-693, Code of the City of
Roanoke (1979), as amended, and after conducting a public hearing on
the matter, has made its recommendation to Council; and
WHEREAS, a public hearing was held by City Council on said appli-
cation at its meeting on May 8, 1989, after due and timely notice
thereof as required by $36.1-693, Code of the City of Roanoke (1979),
as amended, at which hearing all parties in interest and citizens were
given an opportunity to be heard, both for and against the proposed
rezoning; and
WHEREAS, this Council, after considering the aforesaid applica-
tion, the recommendation made to the Council by the Planning
Commission, the City's Comprehensive Plan, and the matters presented
at the public hearing, is of the opinion that the hereinafter
described property should be rezoned as herein provided.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that $36.1-3, Code of the City of Roanoke (1979), as amended, and
Sheet No. 227 of the Sectional 1976 Zone Map, City of Roanoke, be
amended in the following particular and no other:
Property described as a tract of land containing approximately
1.48 acres, more or less, located on Grandview Avenue, N. W., between
Empress Drive and Mart Street, N. W., designated on Sheet No. 227 of
the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No.
2270223 be, and is hereby rezoned from RS-3, Residential Single Family
District, to C-1, Office District, subject to those conditions prof-
fered by and set forth in the Amended Petition to Rezone filed with
the City Clerk on April 12, 1989, and that Sheet No. 227 of the Zone
Map be changed in this respect.
ATTEST:
City Clerk.
Or, ce of the City Clerk
May 2~ 1989
File #51
~ir. George A. Preas
5304 Hunting Hills Drive,
Roanoke, Virginia 24014
Se W.
Dear Mr. Preas:
Pursuant to my corrgnunication under date of April 20, 1989, I am
enclosing copy of an Ordinance, which was prepared by the City
Attorney's Office, in connection with your request that a tract
of land lying on Grandview Avenue, N. W., between Empress Drive
and Mart Street, designated as Official Tax No. 2270223, be
rezoned from RS-3, Residential Single Family District, to
Office District. The above described Ordinance will be con-
sidered by the Council at a regular meeting to be held on Monday,
May 8, 1989, at 7:30 p.m., in the City Council Chamber~ fourth
floor of the Municipal Building.
Please review the Ordinance and if you have questions, you may
contact Mr. Steven J. Talevi, Assistant City Attorney, at
981-2431.
MFP:ra
PUBLIC5A
Enc.
Sincere ly, /~
Mary F. P'arker~ CMC
City Clerk
Room 456 Municipal Building 215 Church Avenue SW P,4:~noke V~rc~nia 24011 (703) 981-2541
Roanoke City Planning Commission
May 8, 1989
The Honorable Noel C. Taylor, Mayor
and Members of City Council
Roanoke, Virginia
Dear Members of Council:
Subject:
Request from Mr. George Preas that a
tract of land lying on Grandview Avenue,
N.W., between Empress Drive and Marr
Street, designated as official tax no.
2270223 be rezoned from RS-3 Residential
Single Family District to C-l, Office
District, such rezoning to be subject to
certain conditions proffered by the
petitioner.
Background:
Purpose of the rezoning is to permit the
construction of an office for general/
professional and medical office use.
Petition to rezone was filed on March 15,
1989, with the condition that use shall be
limited to general/professional and medical
office uses.
Neighborhood organization (Williamson Road
Action Forum) has been notified of the
proposed rezoning. The staff has advised the
petitioner to contact the neighborhood
organization prior to the Planning Commission
public hearing. No response has been
received as of the writing of this report.
Planning Commission public hearing was held
on April 5, 1989. Mr. Jeffrey Parkhill,
architect, appeared before the Commission and
summarized the request for rezoning. Mr.
Dave Lemon (Hebert Street) appeared before
the Commission and stated that although he
was not necessarily opposed to the rezoning,
he was concerned about what the development
Room 355 Municipal Building 215 Church Avenue S.",V Roanoke, Virginia 24011 (703) 981-2344
II.
III.
could do to his property values. Mr.
Bradshaw stated that the neighborhood would
probably end up with a better situation with
the proposed development than another one
that might go on the site. In response to a
question from Mr. Bradshaw, Mr. Parkhill
stated that the petitioner would be willing
to proffer the 60' setback shown on the
proposed site plan.
Issues:
ae
Land use of the subject parcel is undeveloped
residential single family. The land use to
the north and east along Grandview Avenue is
single family residential. To the south,
Grandview Village Apartments, a multi-family
land use exists. Finally, to the west is a
commercial land use with frontage on
Hershberger Road.
Zonin9 is presently RS-3. To the north
across Grandview Avenue the properties are
zoned RM-1. To the east along Marr Street
the zoning is RS-3. To the south, Grandview
Village apartments are zoned RM-2. Finally,
to the west a C-2 zone exists.
Traffic generated by the proposed development
would be minimal. Access from Hershberger
Road is limited to right turns only.
D. Utilities are available.
Neighborhood is a mixture of single family,
multi-family, and commercial uses. The
fringes of this neighborhood are primarily
commercial development such as Valley View
and Crossroads Mall.
F. Comprehensive Plan recommends that:
New or expanded commercial and
industrial development be good neighbors
to adjacent residential projects.
Infill development shall be sensitive to
the existing neighborhood environment.
Alternatives:
A. City Council approve the rezoning request.
IV.
Land use changes from undeveloped
residential to commercial professional
office use. Development would occur in
compliance with comprehensive
development plan requirements.
Zoning becomes C-1. A variance would be
required for parking to occur in a
required front yard.
3. Utilities are available.
4. Traffic impact would be minimal.
Neighborhood impact would be minimal.
Building design and scale would be
compatible to the surrounding area.
6. Comprehensive Plan would be followed.
B. City Council deny the rezoning request.
1. Land use would be unchanged.
Zoning remains RS-3. No development
occurs.
3. Utilities remain unaffected.
4. Traffic remains unaffected.
5. Neighborhood remains unaffected.
6. Comprehensive Plan could be followed.
Recommendation:
By a vote of 6-0 (Mrs. Goode absent), the Planning
Commission recommended approval of the requested
rezoning. The proposed use of the property is
reasonable given the amount of commercial use
already occurring in the neighborhood. Also the
development encourages appropriate infill
development that is sensitive to the existing
neighborhood environment as set forth in the
comprehensive plan.
Respectfully submitted,
Roanoke City Planning Commission
JRM:JTT:mpf
attachments
cc: Assistant City Attorney
Director of Public Works
City Engineer
Building Commissioner/Zoning Administrator
Petitioner
JRM:JTT:mpf
attachments
cc: Assistant City Attorney
Director of Public Works
City Engineer
Building Commissioner/Zoning Administrator
Petitioner
C~ce o~ ~he City Cle~
April 12, 1989
File #51
Mr. Michael M. Waldvogel
Chairman
City Planning Commission
Roanoke, Virginia
Dear Mr. Waldvogel:
Pursuant to Section 36.1~690(e) of the Code of the City of
Roanoke (1979)~ as amended~ I am enclosing copy of an amended
petition from Mr. George Preas~ requesting that a tract of land
containing 1.48 acres, more or less, located on Grandview Avenue,
N. W., identified as Official Tax No. 2270223, being one lot
behind Hershberger Road, be rezoned from RS-3, Residential Single
Family, Medium Density District, to C-1, Office District, subject
to certain proffered conditions.
Sincerely~
Mary F. Parker, CMC
City Clerk
MFP:ra
REZONE5
pc: Mr. George Prea$, 5304 Hunting Hills Drive, S. W.,
r.inia 24014
John R. Marlles, Agent/Secretary, City Planning
Commission
Mr. Ronald ~. Miller, Zoning Administrator
Mr. Steven J. Talevi, Assistant City Attorney
Roanoke,
Room 456 Municipol Building 215 Church Avenue SW Rzx~noke ~rg~nia 2401 t (703) 98t-2541
PETITIO~ TO REZONE
IN RE:
IN THE COUNCIL OF THE CI~f OF ROANCKE, VIRGINL~
Rezoning of a tract of land lyir~ on Grandview Road between
En~ress Drive and Mart Street, Tax No. 227~223, One lot
Hershber~er Road, PETITION TO REZONE from RS-3 Residential Single
Family, to C-1 Office.
TO T~E HONOP~kBLE MAYOR AND ~ OF T~E COIJ~CIL
OF ~{E CITY OF ~:
The Petitioner, George Preas, has a contract to purchase land in
the City of Roanoke containi~ 1.48 acres, mOre or less, located on
Grandview Avenue - Official Tax No. 227~22~. Said tract is currently
zoned R~-3 Residential Sir~le Fantily. A map of the property to be
rezoned is attached as Exhibit A .
Pursuant to Article VII of Chapter 36.1-69~, Code of the
City of Roanoke (1979), as amended, the Petitioner reqt~sts that
the said property be rezoned from RS-3 Vacant District to C-1
Office District, subject to certain conditions set forth below,
for the purpose of Co~tr~ction of Offices for General/
Professional and Medical Office U~.
The Petitioner believes the rezoning of the said tract of
land will further the intent and purposes of the City's Zonir~
Ordinance and its c~rehensive plan, in that it will continue
the business trend in this ares of ~ershber~er ~.
~ne Petitioner hereby proffers and agrees that if the said
tract is rezoned as requested, that the rezoning will be subject
to, and that the Petitioner will abide by, the following
conditions:
1) The property will be used only for general, professional and
medical offices within the buildings, with off street parking provided
in front and side yards.
2) The building design and character will be residential style
with sloped shingled roofs with brick and siding facades.
3) The minimum building set back line will be 6~' from
Gr andview Avenue.
4) That the property will be developed in substantial
compliance with the site plan prepared by M..u~hes Associate Architects,
RDanoke, Virginia, dated March 15, 1989, a copy of which is attached
to the Petition for Rezonir~ as Exhibit B , subject to any changes
required by the City d~ring site plan review.
5) That if no buildin~ permit has been issued and no
construction cc,,..~nced within 3 years from the date of final zoning
approval, the zonir~ shall revert to RS-3 without further action by
City Council.
Attached as Exhibit C are the na~es, addresses and tax numbers
of the owner or owners of all lots or property immediately adjacent to
or i~ediately across a street or road frol~ the property to be
rezoned.
WHEREFORE, the Petitioner requests that the abc~e-described tract
be rezoned as requested in accordance with the provisions of the
Zoning Ordinance of the City of Roanoke.
l~spectfully submitted this 10 day of A~ril , 1989.
~spectfully submitted,
Signature of Owner
GREEN~
LOCATIO
N
~tDI.:I~iO
/~I.qAQNVltO
S£:~J. IHDItV Si&¥1~OSS¥ S~IH~FIH ~
EXHIBIT C
T~Number
2271014
2271019
2271824
2271e29
2271113
227023e
2270208
227E2333
Owner or Owners
Hugh Fletcher, Jr.
P.O. Box 8e08
Roanoke, Virginia 24E14
Ether C. Cecil
4419 Thelma Street, N.W.
Boanoke, Virginia 24e17
Ruth E. L~mnn
Coreast Savings Bank
Tax Department
P.O. BoX 2888
Roanoke, Virginia 24~1
Clyde L. l~hoads
26~2 Mart Street, N.W.
Boanoke, Virginia 24~12
~/ron S. Webb
71~6 Willia~son Road
Noanoke, Virginia 24~12
Robert J. Miller
1235 Crutchfield
Hollins, Virginia 24M19
Avenham Associates
Coreast Savings Bank
Tax Department
P.O. Box 2888
Roenoke, Virginia 24~81
D~t~on Federal Savings & Loan
Sershberger l%oad
l%oanoke, Virginia
I)l:t OI'1-.' I)
II EZ() I (Ii
--¢ ~ 15' S.$.£
I r
JI
J r
20'S
' $ ?.["'/03
G 2~o~
DT.A.
CY~ce of the Ciw Clerk
April 20, 1989
File #51
Mr. George A. Preas
5304 Hunting Hills Drive,
Roanoke, Virginia 24014
So W.
Dear Mr. Preas:
I am enclosing copy of a report of the City Planning Corrgnission
recorrgnending that the Council of the City of Roanoke grant your
request that a tract of land lying on Grandview Avenue, N. W.,
between Empress Drive and Mart Street, designated as Official Tax
No. 2270223, be rezoned from RS-3, Residential Single Family
District~ to C-1, Office District, subject to certain conditions
proffered by the petitioner.
Pursuant to Resolution No. 25523 adopted by the Council of the
City of Roanoke at a regular meeting held on Monday, April 6,
1981, a public hearing on the abovedescribed request has been set
for Monday, May 8, 1989, at 7:30 p.m., in the City Council
Chamber, fourth floor of the Municipal Building, 215 Church
Avenue, S. W.
For your information, I am also enclosing copy of a notice of the
public hearing and an Ordinance providing for the rezoning, which
notice and Ordinance were prepared by the City Attorney's Office.
(The Ordinance will be forwarded to you under separate cover.)
Please review the Ordinance and if you have questions, you may
contact Mr. Steven J. Talevi, Assistant City Attorney, at
981-2431. Questions with regard to the City Planning Commission ,
report should be directed to Mr. $ohn R. Marlles, Chief of
Community Planning, at 981-2344.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:ra
PUBLIC5
Enc.
Room 456 Municipal Building 2t5 Church Avenue SW Roanoke, V~rg~nia 2401 t (703) 981-254t
Mr. George A. Preas
April 20, 1989
Page 2
pc:
Mr. ftugh Fletcher, Jr., P. O. Box 8008, Roanoke, Virginia
24014
Ms. Esther C. Cecil~ 4419 Thelma Street, N. W., Roanoke,
Virginia 24017
Ms. Ruth E. Lemon~ 2601 Herbert Street, N. W., Roanoke,
Virginia 24012
Mr. & Mrs. Clyde L. Rhoads, 2602 Marr Street, N. W., Roanoke,
Virginia 24012
Mr. Byron S. Webb, 2601 Mart Street, N. W., Roanoke, Virginia
24012
Mr. Robert J. Miller, 1235 Crutchfield Street, Rollins,
Virginia 24019
Avenham Associates, e/o R. E. Tax Manager~ 8700 West Bryn
Mawr~ Chicago, Illinois 60631
Dominion Federal S & L, cio Accounting Department, P. 0. Box
9564, McLean, Virginia 22102
Mr. Wayne G. Strickland, Executive Director, Fifth Planning
District Corr~ission, P. 0. Box 2569~ Roanoke, Virginia 24010
Mr. W. Robert Herbert, City Manager
Mr. Wilburn C. Dibling, Jr., City Attorney
Mr. Steven J. Talevi, Assistant City Attorney
Mr. Von W. Moody, [II~ Director of Real Estate Valuation
Mr. Michael M. Waldvogel, Chairman~ City Planning Commission
Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals
Mr. William F. Clark, Director of Public Works
Mr. Kit B. Kiser, Director of Utilities and Operations
Mr. Charles Mo Huffine, City Engineer
Mr. Ronald H. Miller, Building Cow~nissioner and Zoning
Administrator
Mr. John R. Marlles, Agent/Secretary, City Planning
Commission
Ms. Doris Layne, Office of Real Estate Valuation
CiTY CF KG~-~F~CNE
}~FFIUAvi1 6~= PUOLICATION
i, (Th= U?~OLq31~i'~L)) A~ AuThdKI/LD
PWK;,[IOi~ ~rll~d CUi~PUKAIidN I3 PubLISHcK
U~ILY NE.SP~,Pu~., PU[JLISmcO IN ROANuK~ i~
I'~L ANqbX~ ,,LJFiCL ,~S HU~LiSdED IN SAIL;
[;4/Z 1/,*~ 9 Iqd,~N I N~
~ITNES3, THIS 13'T DAY OF MAY 19d~
Hr~ei In !nterest Incl cltl3Eens
NOTICE OF PUBLIC HEARING
TO ~HOM 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, May 8,
1989, at ?:30 p.m., in the Council Chamber in the Municipal
Building, 215 Church Avenue, S. W., in the said city, on the
question of rezoning from RS-3, Single Family Residential, Medium
Density District, to C-i, Office District, the following proper-
ty:
A tract of land containing approximately 1.48
acres, located on Grandview Avenue, N. W., and bearing
Official Tax No. 22?0223.
This rezoning is to be subject to certain conditions prof-
fered by the petitioner. A copy of this proposal is available
for public inspection in the Office of the City Clerk, Room 456,
Municipal Building. All parties in interest and citizens may
appear on the above date and be heard on the question.
GIVEN under my hand this 19th day of April
1989
Mary F. Parker,
Please publish in full twice, once on Friday,
April 21, 1989, and once on Friday, April 28,
1989, in the Roanoke Times & World News,
Morning Edition.
Please send publisher's affidavit to:
Ms. Mary F. Parker, City Clerk
Room 456, Municipal Building
Roanoke, Virginia 24011
City Clerk
Please bill to:
Ms. Mary F. Parker
Room 456, Municipal Building
Roanoke, Virginia 24011
C~ce o~ ~he City 0~
April 12, 1989
File #51
Mr. Michael M. Waldvogel
Chairman
City Planning Commission
Roanoke, Virginia
Dear Mr. Waldvogel:
Pursuant to Section 36.1-690(e) of the Code of the City of
Roanoke (1979), as amended, I am enclosing copy of an amended
petition from Mr. George Preas, requesting that a tract of land
containing 1.48 acres, more or less, located on Grandview Avenue,
N. W., identified as Official Tax No. 2270223~ being one lot
behind Hershberger Road, be rezoned from RS-3, Residential Single
Family, Medium Density District, to C~1, Office District, subject
to certain proffered conditions.
MFP:ra
REZONE5
Eno,
Sincerely,
Mary F. Parker, CMC
City Clerk
pc: Mr. George Preas, 5304 Hunting Hills Drive, S. W., Roanoke,
Virginia 24014
Mr. John R. Marlles, Agent/Secretary, City Planning
Commission
Mr. Ronald ~. Miller, Zoning Administrator
Mr. Steven J. Talevi, Assistant City Attorney
Roorn456 MunicipalBuilding 215 C~urch Avenue SW Roanoke Virginia24011 (703) 981-2541
PETITION TO REZONE
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
IN RE:
Rezoning of a tract of land lying on Grandview Road between
Empress Drive and Marr Street, 1'ax No. 2270233, one lot behind
Hershberger Road, PETITION TO REZONE from RS-3 Residential Single
Family to C-1 Office.
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL
OF THE CITY OF ROANOKE:
The Petitioner, George Prees,has a.coD%ract IQ purchase
A ±ana in the tit!/ or
Roanoke containing 1.48 acres, ~ore or less, located on Grandview
Avenue - Official Tax No. 2270223. Said tract is currently zoned
RS-3 Residential Single Family. A map of the property to be
rezoned is attached as Exhibit A .
Pursuant to Article VII of Chapter 36.1-690, Code of the
City of Roanoke (1979), as amended, the Petitioner requests that
the said property be rezoned fram RS-3 Vacant District to C-1
Office District, subject to certain conditions set forth below,
for the purpose of Construction of Offices for General/
Professional and Medical Office Use.
The Petitioner believes the rezoning of the said tract of
land will further the intent and purposes of the City's Zoning
Ordinance and its comprehensive plan, in that it will continue
the business trend in this area of Hershberger Road.
A proposed site plan £or the deielopment is attached
as Exhibit B.
Attached as Exhibit C are the names, addresses and tax numbers
of the owner or owners of all lots or property immediately adjacent to
or in~ediately across a street or road from the property to be
rezoned.
WHEREFORE, the Petitioner requests that the above-described tract
be rezoned as requested in accordance with the provisions of the
Zoning Ordinance of the City of Roanoke.
Respectfully submitted this 15 day of March , 1989.
Respectfully submitted,
~Sig~t~ur e~of/~f ~er
20'
HUGHES ASSOCIATES ARCHITECTS
EMPRESS DRIVE
GRANDVEIW
OFFICE PARK
ROANOKE VA
EXHIBIT C
Tax Number
2271014
2271019
2271024
2271029
2271113
2270230
2270208
22702333
Owner or Owners
Hugh Fletcher, Jr.
P.O. Box 8008
Roanoke, Virginia 24014
Ether C. Cecil
4419 Thelma Street, N.W.
Roanoke, Virginia 24017
Ruth E. Lemon
Coreast Savings Bank
Tax Department
P.O. BOX 2888
Roanoke, Virginia 24001
Clyde L. Rhoads
2602 Marr Street, N.W.
Roanoke, Virginia 24012
Byron S. Webb
7106 Williamson Road
Roanoke, Virginia 24012
Robert J. Miller
1235 Crutchfield
Hollins, Virginia 24019
AvenhamAssociates
Coreast Savings Bank
Tax Department
P.O. Box 2888
Roanoke, Virginia 24001
Dominion Federal Savings &~Lean
Hershberger Road
Rnanoke, Virginia
Office of the C;',/C~e,~
May 17, 1989
File #51-249
Mr. Earl B. Reynolds, Jr.
Assistant City Manager
Roanoke, Virginia
Dear Mr. Reynolds:
I am attaching copy of Ordinance No. 29542 designating four par-
cels of land located at 118 - 124 Campbell Avenue, S. W.,
described as Official Tax Nos. 1011509 - 1011512, respectively,
as H-l, Historic District, which Ordinance No. 29542 was adopted
by the Council of the City of Roanoke on first reading on Monday,
May 8, 1989, also adopted by the Council on second reading on
Monday, May 15, 1989, and will take effect ten days following the
date of its second reading.
Sincerely,
Mary F. Parker, GMC
City Clerk
MFP:ra
Eneo
pc:
Grand Piano & Furniture Company, P. O. Box 12528, Roanoke,
Virginia 24026
L & M Properties, c/o Mr. John Lipscomb, 3635 Manassas
Drive, S. W., Roanoke, Virginia 24018
Allright Realty Company, P. 0. Dox 53390, Houston, Texas
77262
Ms. Ruth E. Kaminester, 117 West Campbell Avenue, Roanoke,
Virginia 24011
The Lilly Company, P. 0. Box 2152, Roanoke, Virginia 24009
Mr. & Mrs. John E. Reed, Two Hickory Hill, Blacksburg,
Virginia 24060
Mr. James L. Trinkle, 120 Kirk Avenue, S. W.o Roanoke,
Virginia 24011
Room 456 Municipal Building 215 C~urch Avenue. SW Roanc~e. V~rg~nia 240t t (703) 981-2541
~r. Earl B. Reynolds,
Page 2
May 19, 1989
Jr.
pc:
Mr. Frank L. Perkinson. P. O. Box 145, Roanoke, Virginia
24002
Mr. Wayne G. Strickland, Executive Director, Fifth Planning
District Commission, P. 0. Box 2569, Roanoke, Virginia 24010
Mr.
Mr.
Mr.
Mr.
Mr.
Mr.
Mr.
Mr.
Mr.
Administrator
Mr. John R.
Commission
Ms. Doris Layne,
W. Robert Herbert, City Manager
Wilburn C. Dibling, Jr., City Attorney
Steven J. Talevi, Assistant City Attorney
Von W. Moody, III, Director of Real Estate Valuation
Michael M. Waldvogel, Chairman, City Planning Corranission
L. Elwood Norris, Chairman, Board of Zoning Appeals
William F. Clark, Director of Public Works
Kit B. Kiser, Director of Utilities and Operations
Charles M. Huffine, City Engineer
Ronald H. Miller, Building Commissioner and Zoning
Marlles, Agent/Secretary, City Planning
Office of Real Estate Valuation
IN THE COUNCIL OF THE CITY OF ROANOKE,
The 15th day of May, 1989.
No. 29542.
VIRGINIA,
AN ORDINANCE to amend ~36.1-3, Code of the City of Roanoke
(1979), as amended, and Sheet No. 101, Sectional 1976 Zone Map,
City of Roanoke, to designate certain property within the do.n-
torn area of the City as H-l, Historic District.
WHEREAS, the City administration has proposed that the here-
inafter described property be designated ~ith the zoning overlay
designation of H-l, Historic District; and
WHEREAS, the City Planning Commission, ~hich 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 vas held by City Council on said
application at its meeting on May 8, 1989, after due and timely
notice thereof as required by ~36.1-693, Code of the City of
Roanoke (1979), as amended, at which hearing all parties in
interest and citizens ~ere given an opportunity to be heard, both
for and against the proposed historic overlay designation; and
WHEREA8, this Council, after considering the aforesaid recom-
mendation made to the Council by the Planning Commission, the
City's Comprehensive Plan, and the matters presented at the pub-
lic hearing, is of the opinion that the hereinafter described
property should be designated as H-l, Historic District, as
herein provided.
THEREFORE, BE IT ORDAINED by the Council of the City of
Roanoke that $36.1-3, Code of
amended, and Sheet No. 101 of
of Roanoke, be amended in the
the City of Roanoke (1979), as
the Sectlonal 1976 Zone Map, City
following particular and no other:
Property described as four (4) parcels of land located at
118 - 124 Campbell Avenue and designated on Roanoke City Appraisal
Maps as Official Tax Nos. 1011509, 1011510, 1011511 and 1011512 be
and is hereby designated H-l, ~lstoric District, and that Sheet
No. 101 of the Zone Map be changed in this respect.
ATTEST:
City Clerk.
Office of the City Cle~
May 2, 1989
Mr. Earl B. Reynolds, Jr.
Assistant City Manager
Roanoke~ Virginia
Dear Mr. Reynolds:
Pursuant to my communication under date of April 20, 1989, I am
enclosing copy of an Ordinance, which was prepared by the City
Attorney's Office, in connection with your request that four par-
cels of land located at 118 - 124 Campbell Avenue, S.
described as Official Tax Nos. 1011509 - 1011512, respectively,
be designated as H-I, Historic District. The above described
Ordinance will be considered by the Council at a regular meeting
to be held on Monday, May 8~ 1989, at 7:30 p.m., in the City
Council Chamber~ fourth floor of the Municipal Building.
Please review the Ordinance and if you have questions, you may
contact Mr. Steven J. Talevi~ Assistant City Attorney, at
981-2431.
MFP:ra
PUBLIC6A
Eric,
Sincere ly, /~
Mary F. Parker, CMC
City Clerk
Room 456 Municit:~l Building 215 C~urch Avenue, SW Roanoke 'vfrg~nia 24011 (70~) 981-2541
Roanoke City Planning Commission
May 8, 1989
The Honorable Noel C. Taylor,
and Members of City Council
Roanoke, Virginia
Mayor
Dear Members of Council:
Subject:
Request from the City of Roanoke,
represented by Earl B. Reynolds, Jr.,
Assistant City Manager, that four
parcels of land located at 118-124
Campbell Avenue, S.W., designated as
official tax nos. 1011509-1011512, be
designated H-1 Historic District.
Background:
In January of 1988, the Architectural Review
Board recommended the subject properties,
along with other historically-significant
structures in downtown, for H-l, Historic
District designation.
Subject structures were constructed between
1892 and 1903 and represent the last
remaining group of significant Beaux-Arts and
Italianate Revival structures in downtown.
Structures are potentially eligible for the
National Register of Historic Places,
especially as an intact group.
In September ].988, City was awarded a
$100,000 grant from the Division of Historic
Landmarks to be used toward the acquisition
of the structures.
At October 1988 Planning Commission public
hearing, subject structures were withdrawn
from consideration for inclusion in the H-1
Historic District as a result of opposition
expressed by the then property owner,
Mr. James Trinkle.
Room 355 Municipal Building 215 Church Avenue, SW Roanoke, Virginia 24011 (703) 981-2344
II. Current Situation:
III.
IV.
Subject structures were purchased by the City
in November, 1988.
Inclusion of the structures in the H-i,
Historic District is a prerequisite for
obtaining the $100,000 grant from the
Virginia Division of Historic Landmarks.
There is public support for historic
designation and protection of the buildings.
Planning Commission public hearing was held
on April 5, 1989. Mr. Earl B. Reynolds, Jr.,
Assistant City Manager appeared on behalf of
the City and summarized the request for
rezoning. Mr. Reynolds noted that H-1
designation was necessary in order to comply
with the grant the City received from the
Virginia Division of Historic Landmarks which
was used to acquire the structures.
Issues:
H-1 zoning will provide protection of the
structures and ensure sensitive and
appropriate treatment of the architectural
features should exterior changes be proposed.
Continued revitalization of downtown is
dependent on maintaining significant
architectural buildings. Maintaining groups
of structures intact, such as the currently
requested for rezoning, is especially
important.
Expansion of the H-1 district to include the
properties requested for rezoning will help
protect property values for adjoining
property owners and will help maintain these
important landmarks for future generations.
Comprehensive Plan recomz~ends that the City
begin protection of significant National
Register properties.
Alternatives:
A. City Council approve the rezoning request.
H-1 zoning would provide protection for
these historically significant
structures and ensure sensitive
treatment of any exterior alterations.
Revitalization effort for downtown would
be continued. Development plans for the
City and downtown would be followed.
Expansion of the H-1 district would
protect existing public and private
investments.
4. Comprehensive Plan would be followed.
B. City Council deny the rezoning request.
H-1 zoning would not apply to the
significant downtown structures.
Structures could be adversely altered
without adequate design controls.
Revitalization efforts could be
adversely affected. Adopted
development plans for downtown would not
be followed.
Existing public and private investments
would be unprotected.
4. Comprehensive Plan not followed.
Recom~nendation:
By a vote of 6-0 (Mrs. Goode absent), the Planning
Com~ission recommended approval of the zoning
request. The structures proposed for inclusion in
the H-1 district are significant architectural and
historical elements in downtown. Adverse
alteration or loss of any one of these structures
would be detrimental to the limited inventory of
buildings remaining in downtown.
Respectfully submitted,
Michael M. Waldvogel,
Roanoke City Planning Commission
JRM:JTT:mpf
attachments
cc: Assistant City Attorney
Director of Public Works
City Engineer
Building Commissioner/Zoning Administrator
IN THE
COUNCIL OF THE CITY OF,ROanOKE~, VIRGINIA,
IN RE:
Zoning of a certain tract of )
land consisting of four parcels )
at 118 - 124 Campbell Avenue, )
bearing Official Tax Nos. 1011509, )
1011510, 1011511 and 1011512, )
respectively, in the City of )
Roanoke, be designated with )
the zoning overlay designation )
of H-l, Historic District. )
PETITION
TO
ZONE
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF
ROANOKE:
1. The petitioner, City of Roanoke, owns a certain tract of
land consisting of four parcels in the City of Roanoke, Virginia,
at 118 124 Campbell Avenue, and designated on Roanoke City
Appraisal Maps as Official Tax Nos. 1011509, 1011510, 1011511 and
1011512. The said tract is currently zoned C-3, Central Business
District. A map of the tract is attached as Exhibit A.
2. Pursuant to Article III, of Chapter 36.1, Code of the City
of Roanoke (1979), as amended, the petitioner requests that the
said tract be designated with the zoning overlay designation of
H-I, Historic District, for the purpose of preserving and rehabili-
tating structures located on said tract.
3. The petitioner believes that the designation of the City's
tract of land as H-l, Historic District, will further the intent
and purposes of the City's Zoning Ordinance and its comprehensive
plan, in that it will permit the preservation and rehabilitation
of structures located on said parcels with Division of Historic
Landmark funds.
4. Attached as Exhibit B are the names and addresses of
the owner or owners of all lots or property immediately adjacent
to or immediately across a street from the property which is the
subject of this petition.
5. WREREFORE, the petitioner requests that the above-
described tract be zoned as requested in accordance with the
provisions of the Zoning Ordinance of the City of Roanoke.
Date:
Respectfully submitted
CITY OF ROANOKE
- 2 -
1
IOIltO!
Abutting and Adjoining Property Owners
Official
Tax No.
1011022
1011023
1011024
1011025
1011508
1011513
1011522,
1011523
1011524
Property Owner
Grand Piano & Furniture Co.
L & M Properties
c/o John Lipscomb
Allright Realty Co.
Ruth E. Kaminester
The Lilly Company
John E. Reed
Marlene Reed
James L. Trinkle
Frank L. Perkinson
Address
P. O. Box 12528
Roanoke, VA 24026
3635 Manassas Dr.
Roanoke, VA 24018
P. O. Box 53390
Houston, TX 77052
117 W. Campbell Avenue
Roanoke, VA 24011
P. O. Box 2152
Roanoke, VA 24009
2 Hickory Hill
Blacksburg, Va. 24060
120 Kirk Avenue
Roanoke, Va. 24011
P. O. Box 145
Roanoke, Va. 24002
EXHIBIT B
'2
/M[NUE
" :~ A VENUE
~.d/4~ ,z, , .ow. I ~ --'- .... U---
Office of the Cir./Clerk
April 20, 1989
File #51
Mr. Earl B. Reynolds, Jr.
Assistant City Manager
Roanoke, Virginia
Dear Mr. Reynolds:
I am enclosing copy of a report of the City Planning Corr~aission
recommending that the Council of the City of Roanoke grant the
request of the City of Roanoke that four parcels of land located
at 118 - 124 Campbell Avenue, S. W., described as Official Tax
Nos. 1011509 - 1011512, respectively, be designated as
Historic District.
Pursuant to Resolution No. 25523 adopted by the Council of the
City of Roanoke at a regular meeting held on Monday, April
1981, a public hearing on the abovedescribed request has been set
for Monday, ~ay 8, 1989, at 7:30 p.m.~ in the City Council
Chamber, fourth floor of the Municipal Building~ 215 Church
Avenue~ S. W.
For your information, I am also enclosing copy of a notice of the
public hearing and an Ordinance providing for the rezoning, which
notice and Ordinance were prepared by the City Attorney's Office.
(The Ordinance will be forwarded to you under separate cover.)
Please review the Ordinance and if you have questions, you may
contact Mr. Steven J. Talevi, Assistant City Attorney, at
981-2431. Questions with regard to the City Planning Commission
report should be directed to Mr. John R. Marlles, Chief of
Community Planning, at 981-2344.
Sincerely,
City Clerk
MFP: ra
PUBL IC6
Enc.
ROOm 456 Municipal Buildincj 215 C~urch Avenue SW Roanoke Virginia 24011 (703) 981-254'f
Mr. Earl B. Reynolds,
April 20, 1989
Page 2
Jr*
pc:
Grand Piano & Furniture Company, P. O. Box 12528, Roanoke,
Virginia 24026
L & M Properties, c/o Mr. John Lipscomb, 3635 Manassas
Drive~ S. W., Roanoke, Virginia 24018
Allright Realty Company, P. 0. Box 53390~ Houston~ Texas
77262
Ms. Ruth E. Kaminester~ 117 West Campbell Avenue, Roanoke,
Virginia 24011
The Lilly Company, P. 0. Box 2152, Roanoke, Virginia 24009
Mr. & Mrs. John E. Reed~ Two Hickory Hill~ Blacksburg,
Virginia 24060
Mr. James L. Trinkle~ 120 Kirk Avenue, S. W.~ Roanoke,
Virginia 24011
.~r. Frank L. Perkinson, P. 0. Box 145~ Roanoke~ Virginia
24002
Mr. Wayne G. Strickland, Executive Director, Fifth Planning
District Commission, P. 0. Box 2569, Roanoke, Virginia 24010
Mr. W. Robert Herbert~ City Manager
Mr. Wilburn C. Dibling, Jr., City Attorney
Mr. Steven J. Talevi~ Assistant City Attorney
Mr. Von W. Moody, IlI~ Director of Real Estate Valuation
Mr. Michael M. Waldvogel, Chairman~ City Planning Core, lesion
Mr. L. Elwood Norris~ Chairman, Board of Zoning Appeals
Mr. William F. Clark~ Director of Public Works
Mr. Kit B. Kiser, Director of Utilities and Operations
Mr. Charles M. Huffine, City Engineer
Mr. Ronald H. Miller, Building Co,,~issioner and Zoning
Administrator
Mr. John R. Marllee, Agent/Secretary, City Planning
Commission
Ms. Doris Layne, Office of Real Estate Valuation
CL)MMUf~IiY dLAi;~i ~,
355 i'$u ;iC£PAL :,LUG
RCANU~ V~ 24011
,~FFIU, vi F Eh
PUcLiCATIUN
i~ (THE Uf'~UF-r, SI~NEL,) AN AUTHOKILED
Th~ ~;~NEAEu ~NuTiC~ ~S PG~LISHEu IN SAiu
~iTiNLSS, 1Iii3 1Sl ,.sAY CF HAY
AUIriURiZcD 3 I,~N,A [Ur, E
· eSluest of the ¢11~ OI
, ~:~1~ Iix 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, May 8,
1989, at 7:30 p.m., in the Council Chamber in the Municipal
Building, 215 Church Avenue, S. W., on the question of rezoning
from C-3, Central Business District, to H-l, Historic District,
the following property:
Request of the City of Roanoke that certain tracts of
land located at 118 - 124 Campbell Avenue and designated
on Roanoke City Appraisal Maps as Official Tax
Nos. 1011509, 1011510, 1011511 and 1011512 be designated
as H-l, Historic District.
A copy of this proposal is available for public inspection in
the
parties in interest may appear
the question.
Office of the City Clerk, Room 456, Municipal Building. All
on the above date and be heard on
GIVEN under my hand this 19th day of April , 19 89.
Mary F. Parker, City Clerk
Please publish in full twice, once on Friday,
April 21, 1989, and once on Friday, April 28,
1989, in the Roanoke Times & World News,
Morning Edition.
Please send publisher's affidavit to:
Please biil to:
Ms. Mary F. Parker, City Clerk
Room 456, Municipal Building
Roanoke, Virginia 24011
Office of Community Planning
c/o Ms. Martha P. Franklin
Room 355, Municipal Building
Roanoke, Virginia 24011
Office of the City Cle~
March 15, 1989
File #51
i~r. i4ichael M. Waldvogel
Chairman
City Planning Commission
Roanoke, Virginia
Dear ~{r. WaIdvogel:
Pursuant to Section 36.1-690(e) of the Code of the City of
Roanoke (1979), as amended, I am enclosing copy of a petition
from Mr. W. Robert Herbert, representing the City of Roanoke,
requesting that a certain tract of land consisting of four par-
cels at 118 through 124 Campbell Avenue, S. W., bearing Official
Tax Nos. 1011509, 1011510, 1011511 and 1011512, be designated
with the zoning overlay designation of H-l, Historic District.
Mary F. Parker, CMC
City Clerk
MFP: ra
REZONE6
Eno o
pc;
Mr. W. Robert Herbert, City Manager
Mr. John R. Marlles, Agent/Secretary, City Planning
Corr~ission
Mr. Ronald H. Miller, Zoning Administrator
Mr. Steven J. Talevi, Assistant City Attorney
Room 456 Municipal BuilOing 2t5 C~urch Avenue 5W Roanoke ~rg~nia 2401 t (703) 981-254't
NOTICE OF PUBLIC HEARING BEFORE THE ROANOKE CITY PLANNING
COMMISSION
TO WHOM IT MAY CONCERN:
The Roanoke City Planning Commission will hold a public
hearing on Wednesday, April 5, 1989, at 1:30 p.m., or as soon
thereafter as the matter may be heard, in the City Council
Chamber, fourth floor, Municipal Building, in order to consider
the following:
Request from the City of Roanoke, represented by Earl B.
Reynolds, Jr., Assistant City Manager, that four parcels
located at 118 - 124 Campbell Avenue, S.W., designated
official tax nos. 1011509, 1011510, 1011511, and 1011512, be
designated with the H-l, Historic District, zoning overlay.
A copy of said application is available for review in the
Office of Community Planning, Room 355, Municipal Building.
All parties in interest and citizens may appear on the above
date and be heard on the matter.
John R. Marlles, Agent/Secretary
Roanoke City Planning Commission
Please run in the morning edition on March 21, 1989.
Please run in the evening edition on March 28, 1989.
Please send affidavit and bill to:
Office of Community Planning
Room 355, Muncipal Building
Roanoke, VA 24011
~!~:~ITM. ,, : ~g~ERK OF THE CITY OF ROANOKE, VIRGINIA
PERTAINING TO T~E REZONING OF:
!, ~ J~eq~ f~om the City of Roanoke, represented by)
of ~15.1-341) Code of virginia (1950), as amended, on behalf of the
PARCEL OWNER~'AGENT OR OCCUPANT ADDRESS
1011022 Grand Piano & Furniture Co. P.O. Box 12528
Roanoke, VA 24026
1011023 L & M Properties 3635 Manassas Drive,~
c/o John Lipscomb Roanoke, VA 24018
1011024 Allright Realty Co. P.O. BOX 53390
Houston, Texas 77~
1011025 Ruth E. Kaminester 117 W. Campbell Ave.
Roanoke, VA 24011
1011508 The Lilly Company P.O. Box 2152
Roanoke, VA 24009
1011513 John E. Reed 2 Hickory Hill
Marlene Reed Blacksburg, VA 24060
1011522 James L. Trinkle 120 Kirk Avenue
1011523 Roanoke, VA 24011
1011524 Frank L. Perkinson P.O. Box 145
Roanoke, VA 24002
Ma~tba Psee ~ankl~n
SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of
Roanoke, Virginia, this 27th day of March, 1989.
Notary Public,/
My Commission Expires:
Off~ce of ~he Cit'? Cler~
May 17, 1989
File #51
Mr. James F. Douthat
Attorney
P. 0. Box 720
Roanoke, Virginia 24004
Dear Mr. Douthat:
I am enclosing copy of Ordinance No. 29543 rezoning two tracts of
land containing 13.15 and 0.46 acres, respectively, located on
the westerly side of Virginia Secondary Route No. 626, being 4056
and 4114 Thirlane Road, N. W., designated as Official Tax Nos.
6510101 and 6510102, from RA, Residential Agricultural District,
to LM, Light Manufacturing District, which Ordinance No. 29543
was adopted by the Council of the City of Roanoke on first
reading on Monday, May 8, 1989, also adopted by the Council on
second reading on Monday, May 15, 1989, and will take effect ten
days following the date of its second reading.
Sincerely, ~
Mary F. Parker, CMC
City Clerk
MFP: ra
Enc.
pc:
Mr. W. Robert Herbert, Chairman, Roanoke Regional Airport
Corr~ission, 1635 Aviation Drive, N. W., Roanoke, Virginia
24012
Ms. Matilda H. Bradshaw, 3101 Stoneridge Road, S. W.,
Roanoke, Virginia 24014
Mr. W. A. Quick, Jr., P. O. Box 225, Roanoke, Virginia
24002
Mr. & Mrs. Jesse C. Alls, 3942 Thirlane Road, N. W.,
Roanoke, Virginia 24019
Mr. & Mrs. Joseph C. 5rown, 3922 Thirlane Road, N. W.,
Roanoke, Virginia 24019
Room 456 Municipal Building 215 Church Avenue SW Roanc~e V~rg~nia 24011 (703) 981-2541
Mr. James F.
Page 2
May 19, 1989
Douthat
pc:
Ms. Betty A. Rice, 3906 Thirlane Road, N. W., Roanoke,
Virginia 24019
Ms. Azile S. Quick, 3806 Thirlane Road, N. W., Roanoke,
Virginia 24019
Countryside Associates, Inc., One Countryside Drive, N. W.,
Roanoke, Virginia 24017
Mr. Jess Newburn, III, Roanoke Sales & Services, Inc., P. O.
Box 7351, Roanoke, Virginia 24019
Mr. Wayne G. Strickland, Executive Director, Fifth Planning
District Commission, P. O. Box 2569, Roanoke, Virginia 24010
Mr. W. Robert Herbert, City Manager
Mr. Wilburn C. Dibling, Jr., City Attorney
Mr. Steven J. Talevi, Assistant City Attorney
Mr. Von Wo Moody, III, Director of Real Estate Valuation
Mr. Michael M. Waldvogel, Chairman, City Planning Congnission
Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals
Mr. William F. Clark, Director of Public Works
Mr. Kit B. Kiser, Director of Utilities and Operations
Mr. Charles M. Huffine, City Engineer
Mr. Ronald H. Miller, Building Commissioner and Zoning
Administrator
Mr. John R, Marlles, Agent/Secretary, City Planning
Commission
Ms. Doris Layne, Office of Real Estate Valuation
IN THE COUNCIL OF TRE CITY OF ROANOKE, VIRGINIA,
The 15th day of May, 1989.
No. 29543.
AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979),
as amended, and Sheet No. 651, Sectional 1976 Zone Map, City of
Roanoke, to rezone certain property within the City, subject to cer-
tain conditions proffered by the applicant.
WHEREAS, application has been made to the Council of the City of
Roanoke to have the hereinafter described property rezoned from RA,
Residential Agricultural District, to L~, Light Manufacturing
District, subject to certain conditions proffered by the applicant;
and
WHEREAS, the City Planning Commission, which after giving proper
notice to all concerned as required by S36.1-693, Code of the City of
Roanoke (1979), as amended and after conducting a public hearing on
the matter, has made its recommendation to Council; and
WHEREAS, a public hearing was held by City Council on said appli-
cation at its meeting on May 8, 1989, after due and timely notice
thereof as required by S36.1-693, Code of the City of Roanoke (1979),
as amended, at which hearing all parties in interest and citizens were
given an opportunity to be heard, both for and against the proposed
rezoning; and
WHEREAS,
tion, the
Commission,
this Council, after considering the aforesaid applica-
recommendation made to the Council by the Planning
the City's Comprehensive Plan, and the matters presented
at the public hearing, is of the opinion that the hereinafter
described property should be rezoned as herein provided.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that S36.1-3, Code of the City of Roanoke (1979), as amended, and
Sheet No. 651 of the Sectional 1976 Zone Map, City of Roanoke, be
amended in the following particular and no other:
Property described as two tracts of land on the westerly side of
Secondary Route No. 626 (Thirlane Road, N. W.), known as 4056 and 4114
Thirlane Road, N. W., designated on Sheet No. 651 of the Sectional
1976 Zone Map, City of Roanoke, as Official Tax Nos. 6510101 and
6510102 be, and is hereby rezoned from RA, Residential Agricultural
District, to LM, Light Manufacturing District, subject to those con-
ditions proffered by and set forth in the Amended Petition to Rezone
filed with the City Clerk on April 19, 1989, and that Sheet No. 651 of
the Zone Map be changed in this respect.
ATTEST:
City Clerk.
Office c~ the Ci~
May 2, 1989
File #51
Mr. James F. Douthat
Attorney
P. O. Box 720
Roanoke~ Virginia 24004
Dear Mr. Douthat:
Pursuant to ~ cor~nunication under date of April 20, 1989, I am
enclosing copy of an Ordinance, which was prepared by the City
Attorney's Office, in connection with the request of your client,
COVA Corporation (UPS)~ that two continuous tracts of land con-
taining 13.15 and 0.46 acres, respectively, located on the
westerly side of Virginia Secondary Route No. 626, being 4056 and
4114 Thirlane Road, N. W., designated as Official Tax Nos.
6510101 and 6510102, be rezoned from RA, Residential Agricultural
District, to LM, Light Manufacturing District. The above
described Ordinance will be considered by the Council at a regu-
lar meeting to be held on Monday, May 8, 1989~ at 7:30 p.m., in
the City Council Chamber~ fourth floor of the Municipal Building.
Please review the Ordinance and if you have questions~ you may
contact Mr. Steven J. Talevi, Assistant City Attorney, at
981-2431.
MFP:ra
PUBLIC3A
Enc.
Sincerely~ /~
Mary F. Parker, CMC
City Clerk
Room 456 Municipal Building 2t5 C'~urch Avenue SW Poanohe Virginia 24011 (703) 981-254t
Raanoke City Planning Commission
May 8, 1989
The Honorable Noel C. Taylor, Mayor
and Members of City Council
Roanoke, Virginia
Dear Members of Council:
Sub3ect:
Request from Cora Corporation,
represented by James F. Douthat,
attorney, that property located on
Virginia Secondary 626 (Thirlane Road,
NW), designated as official tax nos.
6510101 and 6510102, be rezoned from RA,
Residential Agricultural District, to
LM, Light Manufacturing District, such
rezoning to be subject to certain
conditions proffered by the petitioner.
Background:
Purpose of the rezoning is to permit the
construction of a distribution center and
central sort operation facility, as well as
parking, storm water detention structures,
and necessary road re-alignment.
Petition to rezone was filed on March 14,
1989.
Amended petition was filed on April 19, 1989.
Conditions proffered by the petitioner are as
follows:
If Cova Corporation does not purchase
the property within one year of the
effective date of the ordinance rezoning
the property, the zoning designation
will return to that of RA, Residential
Agricultural District without further
action of City Council.
Room 355 Municipa~ Building 215 Churc~ Avenue, S.~gX Roanoke, Virginia 24011 (703) 981-2344
If the property is rezoned as requested
and Cova Corporation purchases the
property, the property will be
resubdivided to cause parcel no. 6510102
containing 0.45 acre to become a part of
parcel No. 6510101 to comply with Sec.
36.1-251 of the Code of the City of
Roanoke.
o
There shall be no outdoor advertising on
the property to be rezoned, other than
outdoor advertising indicating the goods
and services provided on, the owner of,
or the occupant of, either the property
to be rezoned or that property
designated as Official Tax Nos. 6510103
or 6530101; provided, however, that in
no case shall there be outdoor
advertising on the property to be
rezoned which refers to property other
than the property to be rezoned or to
the property designated as Official Tax
Nos. 6510103 or 6530101.
Neighborhood organization (Thirlane Road
Neighborhood Association) has been notified
of the proposed rezoning. Mr. Douthat,
attorney, has met with the president of the
organization, Mr. Joseph Brown, to discuss
the rezoning and its long-term effects. The
neighborhood is aware of and generally
supports the rezoning.
Planning Commission public hearing was held
on Wednesday, April 5, 1989. Mr. James F.
Douthat, attorney, appeared before the
Commission on behalf of the petitioner. Mr.
Douthat said that Thirlane Road would be
widened and a detention basin would be
constructed on the property. He noted there
was the possibility that a structure could be
built on the property at a later date, but
none was proposed at present. Mr. Douthat
also noted that the property was subject to
certain height restrictions set forth by the
FAA and airport commission. Mr. Douthat also
advised the Commission that the 48 acre site
across Thirlane Road, which is currently
zoned LM would be used for the main UPS
facility.
II.
III.
Issues:
Land use is currently inactive agricultural.
Land is maintained but is not actively being
farmed. Surrounding land use includes
residential and commercial use.
Zonin9 is presently RA, Residential
Agricultural. Surrounding properties are
zoned LM, Light Manufacturing.
Utilities have adequate capacity but would
need to be extended to serve the site. COVA
and the City of Roanoke have already entered
into an agreement which outlines conditions
of extension and reimbursement.
Traffic generated by the proposed development
will be significant. In order to provide
adequate capacity along Thirlane Road, the
City of Roanoke has applied for industrial
access funds for the improvement and
realignment of Thirlane Road.
Ee
Neighborhood is primarily undeveloped light
manufacturing properties. An isolated group
of residential properties exists along
Thirlane Road. The residents of those
properties have organized the Thirlane Road
Neighborhood Organization, primarily for the
purpose of maintaining open communication
with the City. The attorney for the
petitioner held meetings with the
organization and as of this writing the
Planning office has received no communication
from the residents individually or
collectively through the organization.
F. Comprehensive Plan recommends that:
New industrial development be encouraged
on appropriate sites.
Access and infrastructure improvements
to potential employment sites be
provided.
Alternatives:
A. City Council approve the rezoning request.
Land use becomes industrial. Valuable
undeveloped industrial property is
developed. Employment opportunities are
created.
Zoning becomes LM which is compatible
with the surrounding properties and is
in keeping with the comprehensive plan.
3. Utilities would be extended as needed.
Traffic would be accommodated by
proposed improvements to Thirlane Road.
Neighborhood character would change from
agricultural to industrial. Neighborhood
organization would remain active and
continue to be advised as development
proceeds.
6. Comprehensive plan would be followed.
B. City Council deny the rezoning request.
1. Land use remains unchanged.
2. Zonin~ remains unchanged.
3. Utilities remain unaffected.
4. Traffic remains unaffected.
5. Neighborhood remains unchanged.
6. Comprehensive Plan could be followed.
IV.
Recommendation:
By a vote of 4-0-1 (Mr. Buford and Mrs. Goode
absent and Mr. Bradshaw abstaining) the Planning
Commission recommended approval of the rezoning
request. The proposed rezoning addresses
development strategies outlined in the
comprehensive plan and is reasonable given the
amount of undeveloped LM, Light Manufacturing
properties existing in the immediate area.
Respectfully submitted,
Michael M. Waldvogel,
Roanoke City Planning Commission
JRM:JTT:mpf
attachments
cc: Assistant City Attorney
Director of Public Works
City Engineer
Building Commissioner/Zoning Administrator
Attorney for the Petitioner
LAW OFFICES
WOODS, ROGERS
& HAZ. LEGROVE
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA
IN RE:
Rezoning of two tracts of land on
the ~westerly side of Virginia
Secondary Route No. 626 (Thirlane
Road, N.W.) , from RA, Residential
Agricultural District to LM, Light
Manufacturing District subject to
certain conditions.
AM EN DE D
PET IT ION
TO
R EZ ONE
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE
CITY OF ROANOKE:
1. The Petitioner, Cova Corporation, has a contract to
purchase two contiguous tracts of land containing 13. 15 and 0.46
acres located on the w~sterly side of Virginia Secondary Route
No. 626 which have the addresses 4056 and 4114 Thirlane Road,
N.W. and which are designated Official Tax Nos. 6510101 and
65~0102 (the Property). The Property is currently zoned RA,
Residential Agricultural District. A copy of Roanoke Zoning Map
No. 651 and a map indicating the general location of the Property
are attached hereto as Exhibits A and B.
2. The Petitioner, Cora Corporation, is a Virginia cor-
poration and a wholly owned subsidiary of United Parcel Service,
Inc. (UPS). Cova owns and develops facilities in Virginia for
UPS and proposes to develop a distribution center and central
sort operation facility on the Property and on approximately
48.25 acres of land adjacent to the Property (City Official Tax
Map No. 6510103 and a portion of City Official Tax Map No.
6530101) (the Adjacent Property). The Adjacent Property will be
the site of the UPS distribution center and central sort opera-
tions building which will contain approximately 200,000 sq. ft.
It is anticipated that the Property, which is subject to an
October 21, 1980, Indenture in favor of the City of Roanoke
(Exhibit C), will be used for parking, water detention/retention,
and for the realignment of Thirlane Road. A copy of the February
13, 1989, agreement between the City of Roanoke and Cova
Corporation providing for the realignment of Thirlane Road is
attached as Exhibit D.
3. Pursuant to Article VII and Article VIII of Chapter 36,
Code of the City of Roanoke (1979), as amended, the Petitioner
requests that the Property be rezoned from RA, Residential
Agricultural District to LM, Light Manufacturing District subject
to certain conditions set forth below.
4. The Petitioner believes that the rezoning of the
Property will further the intent and purposes of the City's
zoning ordinance and its comprehensive plan in that it will allow
the upgrading of Tnirlane Road, cause the zoning classification
of the Property to be compatible with that of the Adjacent
Property, allow the Property to be a ~ortion of the site of the
~.AW OFFICES
WOODS, ROGERS
& HAZ~.EGROYE
- 2 -
proposed UPS facil-i.ty and, as such,~contribute to an increase
in the tax base, offer additional employment opportunities,
improve the business environment and foster the economic growth
of the City of ~anoke.
5. The Petitioner hereby proffers and agrees that if the
Property is rezoned as requested, the rezoning will be subject
and the Petitioner will abide by the following conditions:
to
(a) If Cova Corporation does not purchase the Property
within one year of the effective date of the ordinance rezoning
the Property the zoning designation will return to that of RA,
Residential Agricultural District without further action of City
Co unc il.
(b) If the Property is rezoned as requested and Cova
Corporation purchases the Property, the Property will be resub-
divided to cause Parcel No. 6510102 containing 0.46 acres to
become a part of Parcel No. 651 01 01 to comply with ~ 36. 1-251 of
the Code of The City of l%Danoke (1979).
(c) There shall be no outdoor advertising on the
property to be rezoned, other than outdoor advertising indicating
the goods and services provided on, the owner of, or the occupant
of, either the property to be rezoned or that property designated
as Official Tax No. 651 01 03 or 653 01 01; provided, however, that
in no case shall there be outdoor advertising on the property to
be rezoned which refers to property other than the property to be
rezoned or to the property designated as Official Tax No. 651 01 03
or 65301 01.
6. Attached as Exhibit E is a list of the names and
addresses of the owner or owners of all lots or property
diately adjacent or immediately across the street or road
the Property.
from
WHEREFORE, the petitioner requests the the above described
tracts be rezoned as requested in accordance with the provisions
of the zoning ordinance of the City of ~anoke.
Respectfully submitted,
Dated:
?
Cova Corporation
//6~' Cd un sel
LOCATION
III
I1!
I1!
Office of the City Clerk
April 20, 1989
File #51
Mr. James F. Douthat
Attorney
P. 0. Box 720
Roanoke, Virginia 24004
Dear Mr. Douthat:
I am enclosing copy of a report of the City Planning Commission
recor, wnending that the Council of the City of Roanoke grant the
request of your client, COVA Corporation (UPS), that two con-
tinuous tracts of land containing 13.15 and 0.46 acres, respec-
tively, located on the westerly side of Virginia Secondary Route
No. 626, being 4056 and 4114 Thirlane Road, N. W., designated as
Official Tax Nos. 6510101 and 6510102, be rezoned from PA,
Residential Agricultural District, to LM, Light Manufacturing
District, subject to certain conditions proffered by the peti-
tioner.
Pursuant to Resolution No. 25523 adopted by the Council of the
City of Roanoke at a regular meeting held on Monday, April
1981~ a public hearing on the abovedescribed request has been set
for Monday, May 8, 1989, at 7:30 p.m., in the City Council
Chamber, fourth floor of the Municipal Building, 215 Church
Avenue, S. W.
For your information, I am also enclosing copy of a notice of the
public hearing and an Ordinance providing for the rezoning, which
notice and Ordinance were prepared by the City Attorney's Office.
(The Ordinance will be forwarded to you under separate cover.)
Please review the Ordinance and if you have questions, you may
contact Mr. Steven J. Talevi~ Assistant City Attorney, at
981-2431. Questions with regard to the City Planning Commission
report should be directed to Mr. John R. Marlles, Chief of
Corr~nunity Planning, at 981-2344.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP: ra
PUBL IC3
En c. Room 456 Municipal Building 215 Church Avenue SW Roanoke Vlrg~nia 24011 (703) 981-2541
Mro James F. Douthat
April 20, 1989
Page 2
pc:
Roanoke Regional Airport Commission, 1635 Aviation Drive,
No W., Roanoke, Virginia 24012
Ms. Matilda H. Bradshaw, 3101 Stoneridge Road, S.
Roanoke, Virginia 24014
Hr. W. A. Quick, Jr., P. 0. ~ox 225, Roanoke, Virginia
24002
Mr. & Mrs. Jesse C. Alls, 3942 Thirlane Road, N.
Roanoke, Virginia 24019
Mr. & Mrs. Joseph C. Brown, 3922 Thirlane Road, N.
Roanoke, Virginia 24019
Ms. Betty A. Rice, 3906 Thirlane Road, N. W., Roanoke,
Virginia 24019
Ms. Azile S. Quick, 3806 Thirlane Road, N. W.~ Roanoke,
Virginia 24019
Countryside Associates, Inc., One Countryside Drive, N.
Roanoke~ Virginia 24017
Mr. Jess Newburn~ III, Roanoke Sales & Services, Inc., P. 0.
Box 7351, Roanoke~ Virginia 24019
Mr. Wayne G. Strickland, Executive Director, Fifth Planning
District Commission, Po 0. Box 2569, Roanoke, Virginia 24010
Mr. W. Robert Herbert, City Manager
Mr. Wilburn C. Dibling, Jr., City Attorney
Ms. Katherine Howe Jones, Assistant City Attorney
Mr. Von W. Moody, III, Director of Real Estate Valuation
Mr. Michael Mo Waldvogel, Chairman, City Planning Com~nission
Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals
Mr. William F. Clark, Director of Public Works
Mr. Kit B. Kiser~ Director of Utilities and Operations
Mr. Charles. M. Ruffine~ City Engineer
Mr. Ronald H. Miller, Building Cominissioner and Zoning
Administrator
Mr. John R. Marlles~ Agent/Secretary~ City Planning
Commission
Ms. Doris Layne, Office of Real E~tate Valuation
DGb[riii .J,hF'[3 ~--
AFFib,~¥it CF
.AGThLTE i ZED S it~WATUKE
I TO WH(~A IT M~y
AV~t,L~ IL W. '111 th~ soM citY,
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, May 8,
1989, at 7:30 p.m., in the Council Chamber in tile Municipal
Building, 215 Church Avenue, S. W., in the said city, on the
question of rezoning from RA, Residential Agricultural District,
to LM, Light Manufacturing District, the following property:
Two tracts of land on the westerly side of
Secondary Route No. 626 (Thirlane Road, N.W.), known as
4056 and 4114 Thirlane Road, N.W., and bearing
Official Tax Nos. 6510101 and 6510102.
This rezoning is to be subject to certain conditions prof-
fered by the petitioner. A copy of this proposal is available
for public inspection in the Office of the City Clerk, Room 456,
Municipal Building. All parties in interest and citizens may
appear on the above date and be heard on the question.
GIVEN under my hand this 19th day of April
, 1989.
Mary F. Parker,
Please publish in fuli twice, once on Friday,
April 21, 1989, and once on Friday, April 28,
1989, in the Roanoke Times & World News,
Morning Edition.
Please send publisher's affidavit to:
Ms. Mary F. Parker, City Clerk
Room 456, Municipal Building
Roanoke, Virginia 24011
City Clerk
Please bill to:
Mr. James F. Douthat
Attorney
P. O. Box 720
Roanoke, Virginia 24004
Office of the City Clerk
April 19, 1989
Mr. Michael M. Waldvogel
Chairman
City Planning Corr~ission
Roanoke, Virginia
Dear Mr. Waldvogel:
Pursuant to Section 36.1-690(e) of the Code of the City of
Roanoke (1979), as amended, I am enclosing copy of an amended
petition from Mr. James F. Douthat, Attorney, representing COVA
Corporation (UPS), requesting that two contiguous tracts of land
containing 13.15 and 0.46 acres, respectively, located on the
westerly side of Virginia Secondary Route No. 626, being 4056 and
4114 Thirland Road, N. W., designated as Official Tax Nos.
6510101 and 6510102, be rezoned from RA, Residential Agricultural
District, to LM, Light Manufacturing District, subject to certain
conditions proffered by the petitioner.
Sincere ly, ,/' .//
Mary F. Parker, CMC
City Clerk
MFP: ra
REZONE3
Enc o
pc:
Mr. James F. Douthat, Attorney, P. 0. Box 720~
Virginia 24004
Mr. John R. Marlles, Age~{/Secretary, City Planning
Commission
Mr. Ronald H. Miller~ Zoning Administrator
Mr. Steven J. Talevi, Assistant City Attorney
Roanoke,
Room 456 Munlcil:~l Building 215 C~urch Avenue S.W Roanoke Virginia 24Ot t (703) 98t-2541
HAND DELIVERED
~VOODS. ROGERS ~ ~AZLEOi~OVE
982--4262
April 19, 1989
Mary F. Parker
Clerk of the City of Roanoke
4th Floor
Municipal Bldg.
Roanoke, Virginia
Dear Ms. Parker:
I enclose original and seven copies of ~ended Petition
to Rezone filed on behalf of Cova Corporation which incor-
porates as proffered condition (c) the condition with regard
to outdoor advertising discussed at the planning commission
hearing April 5, 1989. If you have any questions regarding
this matter, please do not hesitate to contact me imme-
diately.
Very truly yours,
DSB :sr
Enc.
CC:
Steven J. Talevi, Esq.
Assistant City Attorney
Mr. John Marlles
Agent/Secretary City Planning
Commission
LAW OFFICES
WOODS, ROGERS
& HAZLEGROVE
ROANOKE, VA.
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA
IN RE:
Rezoning of two tracts of land on
the westerly side of Virginia
Secondary l%~ute No. 626 (Thirlane
Road, N.W.) , from RA, Residential
Agricultural District to LM, Light
Manufacturing District subject to
certain conditions.
AMENDED
PETITION
TO
R EZ ONE
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE
CITY OF ROANOKE:
1. The Petitioner, Cova Corporation, has a contract to
purchase two contiguous tracts of land containing 13. 15 and 0.46
acres located on the westerly side of Virginia Secondary l%Dute
No. 626 which have the addresses 4056 and 4114 Thirlane Road,
N.W. and which are designated Official Tax Nos. 6510101 and
6510102 (the Property). The Property is currently zoned RA,
Residential Agricultural District. A copy of Roanoke Zoning Map
No. 651 and a map indicating the general location of the Property
are attached hereto as Exhibits A and B.
2. The Petitioner, Cova Corporation, is a Virginia cor-
poration and a wholly owned subsidiary of United Parcel Service,
Inc. (UPS). Cova owns and develops facilities in Virginia for
UPS and proposes to develop a distribution center and central
sort operation facility on the Property and on approximately
48.25 acres of land adjacent to the Property (City Official Tax
Map No. 651 01 03 and a portion of City Official Tax Map No.
6530101) (the Adjacent Property). The Adjacent Property will be
the site of the UPS distribution center and central sort opera-
tions building which will contain approximately 200,000 sq. ft.
It is anticipated that the Property, which is subject to an
October 21, 1980, Indenture in favor of the City of Roanoke
(Exhibit C), will be used for parking, water detention/retention,
and for the realignment of Thirlane Road. A copy of the February
13, 1989, agreement between the City of Roanoke and Cova
Corporation providing for the realignment of Thirlane Road is
attached as Exhibit D.
3. Pursuant to Article VII and Article VIII of Chapter 36,
Code of the City of Roanoke (1979), as amended, the Petitioner
requests that the Property be rezoned from RA, Residential
Agricultural District to LM, Light Manufacturing District subject
to certain conditions set forth below.
4. The Petitioner believes that the rezoning of the
Property will further the intent and purposes of the City's
zoning ordinance and its comprehensive plan in that it will allow
the upgrading of Thirlane Road, cause the zoning classification
of the Property to be compatible with that of the Adjacent
Property, allow the Property to be a portion of the site of the
LAW OFFICES
WOODS, ROGERS
& H~ZLEGROVE
ROANOKE, VA.
m
proposed UPS facility and, as such, contribute to an increase
in the tax base, offer additional employment opportunities,
improve the business environment and foster the economic growth
of the City of Roanoke.
5. The Petitioner hereby proffers and agrees that if the
Property is rezoned as requested, the rezoning will be subject to
and the Petitioner will abide by the following conditions:
(a) If Cova Corporation does not purchase the Property
within one year of the effective date of the ordinance rezoning
the Property the zoning designation will return to that of RA,
Residential Agricultural District without further action of City
Co unc il.
(b) If the Property is rezoned as requested and Cova
Corporation purchases the Property, the Property will be resub-
divided to cause Parcel No. 6510102 containing 0.46 acres to
become a part of Parcel No. 651 0101 to comply with ~ 36. 1-251 of
the Code of The City of Roanoke (1979).
(c) There shall be no outdoor advertising on the
property to be rezoned, other than outdoor advertising indicating
the goods and services provided on, the owner of, or the occupant
of, either the property to be rezoned or that property designated
as Official Tax No. 6510103 or 6530101; provided, however, that
in no case shall there be outdoor advertising on the property to
be rezoned which refers to property other than the property to be
rezoned or to the property designated as Official Tax No. 6510103
or 6530101.
6. Attached as Exhibit E is a list of the names and
addresses of the owner or owners of all lots or property imme-
diately adjacent or immediately across the street or road from
the Property.
WHEREFORE, the petitioner requests the the above described
tracts be rezoned as requested in accordance with the provisions
of the zoning ordinance of the City of Roanoke.
Respectfully submitted,
Dated:
Cova Corporation
- 05Unsel
Oft~ce of the City Clerk
^larch 15, 1989
Mr. Michael M. Waldvogei
Chairman
City Planning Commission
Roanoke, Virginia
Dear Mr. Waldvogel:
Pursuant to Section 36.1~690(e) of the Code of the City of
Roanoke (1979), as amended, I am, enclosing copy of a petition
from ~r. James F. Douthat, Attorney, representing COVA
Corporation (UPS), requesting that two contiguous tracts of land
containing 13.15 and 0.46 acres, respectively, located on the
westerly side of Virginia Secondary Route No. 626, being 4056 and
4114 Thir~and Road, N. W., designated as Officia~ Tax Nos.
6510101 and 6510102, be rezoned from RA, Residential Agricultural
District, to LM, Light Manufacturing District, subject to certain
conditions proffered by the petitioner.
Sincerely,
Mary F. Parker,
City Clerk
CMC
MFP: ra
REZONE3
Enco
pc:
Mr. James F. Douthat,
Virginia 24004
Mr. John R. Marlles,
Commission
Mr. Ronaid H. Milier,
Mr. Steven J. Talevi,
Attorney, P. O. Box 720,
Agent/Secretary, City Planning
Zoning Administrator
Assistant City Attorney
Roanoke,
Room 456 Municipal Building 2t5 Church Av,~ue SW R~ano~e ~rg~nia 24~t t (703) 981-254t
LAW OFFICER
WOODR, ROGERS
& H~ZLEGROVE
ROANOKE, VA.
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA
IN RE: Rezoning of two tracts of land on
the westerly side of Virginia
Secondary Route No. 626 (Thirlane PETITION
Road, N.W.), from RA, Residential TO
Agricultural District to LM, Light REZONE
Manufacturing District subject to
certain conditions.
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF TH~ ~.~
CITY OF ROANOKE: ~'~
1. The Petitioner, Cova Corporation, has a contract to
purchase two contiguous tracts of land containing 13.15 and~.46
acres located on the westerly side of Virginia Secondary Rotate 7
No. 626 which have the addresses 4056 and 4114 Thirlane Roa~,
N.W. and which are designated Official Tax Nos. 6510101 and
6510102 (the Property). The Property is currently zoned RA,
Residential Agricultural District. A copy of Roanoke Zoning Map
No. 651 and a map indicating the general location of the Property
are attached hereto as Exhibits A and B.
2. The Petitioner, Cova Corporation, is a Virginia cor-
poration and a wholly owned subsidiary of United Parcel Service,
Inc. (UPS). Cova owns and develops facilities in Virginia for
UPS and proposes to develop a distribution center and central
sort operation facility on the Property and on approximately
48.25 acres of land adjacent to the Property (City Official Tax
Map No. 6510103 and a portion of City Official Tax Map NO.
6530101) (the Adjacent Property). The Adjacent Property will be
the site of the UPS distribution center and central sort opera-
tions building which will contain approximately 200,000 sq. ft.
It is anticipated that the Property, which is subject to an
October 21, 1980, Indenture in favor of the City of Roanoke
(Exhibit C), will be used for parking, water detention/retention,
and for the realignment of Thirlane Road. A copy of the February
13, 1989, agreement between the City of Roanoke and Cova
Corporation providing for the realignment of Thirlane Road is
attached as Exhibit D.
3. Pursuant to Article VII and Article VIII of Chapter 36,
Code of the City of Roanoke (1979), as amended, the Petitioner
requests that the Property be rezoned from RA, Residential
Agricultural District to LM, Light Manufacturing District subject
to certain conditions set forth below.
4. The Petitioner believes that the rezoning of the
Property will further the intent and purposes of the City's
zoning ordinance and its comprehensive plan in that it will allow
the upgrading of Thirlane Road, cause the zoning classification
of the Property to be compatible with that of the Adjacent
Property, allow the Property to be a portion of the site of the
/
7(;73 -
THZ$ ZNDENTUP~ made this 21s~ day of ~ober . ~980,
by and helen JE~Y H. ~T and G~CE P. ~T. h~s wife.
hereina~cer refaced co as Grantor. and the CX~ OF ~0~,
a ~icipal co~oFacion oFganized ~deF Lhe 1iw~ O~ Cbs ~.
wealth o~ V~F~inia. hereina~cer re~erred Co
THAT. I~dEI~.A3. the said Grantors are of la~ul age. legally
capable o~ disposing of property and are the owners of fee
title to that certain tract o~ land designated an
Acreage (herel~er refaced ~o as Parcel I) s~ ~ ~l~ "A",
~ich is enCi~led, "Pla~ ~ ~r ~ghcs ~s~C ~o~red
by the City of b~oke, Va. ~r~ Je~ H. G~IC" ~epued by
bar ~0. ~97~. which ~s a~rachsd h2r~o and ~ a par~
said P~cel i being~re particularly ~scribed~ foll~o:
BEGXHNXHG at a poin~ A on Che ~escerly aide of
S~a~a Rou~e 626, said point being 273.81 feet,
&9' ~A' $0" Z. of a~ on a ~e line
~16.83 ~eec, S. 25° ~' 10" E. o~ ~e cencert~e
of the sou~es~erl7 end o~
~icipai ~, ~Fietd; th~ce, S. ~9°
~ S0' W. 575.08 feeC ~o a
~ said ~F~r, S. 6e 19' 10' E. 6.36 fee~ Co a
~ay~c, po~c C;
Chance, S. 20* 38* ~0'* E. ~9.~0 ~ee~ ~o a poin~
E; C~ce, S. 23° 56' 10' E. ~6A.7~ ~eec ~o a
~c F; chics, S. 29* lA' ~0"
a ~inc ~; ~h~ce, S. ~0'
a ~n~; ch~ct, departing with ~he borer o~
saAd has,ay, S. 89' 38' ~0" E. 708.~3 lee~ ~o a
~c on ~he ~s~erly side o~ S~a~e ~u~e 626.
~ ~; ~nce, with ~he line of S~a~ ~u~e 626.
N. 28· 32' 10" W. ~56.~ ~ee~ ~o a po~ J; chance,
~par~g ~rm ~he l~e of S~a~e ~ura 626, S. 61'
2~' 30" W. 190.0 ~eeC co a poin~
32' 10" ~. 100.0 ~ee~ ~o · point L; ~h~ce, N. 6~0
27' SO** E. ~90.0 fee~ ~o a poin~ on
sl~ o~ S~a~e ~re 626. poin~ ~: ~hence. wl~h ~he
wsCerly gi~ o~ ~e 626. H. 28° 32' 10" W. 6~0.0
fee~ ~o ~he Place o~
't460
BEING part of property acquired by the Grantor,
Jerry H. Caret, by an inheritance from Lucy E. ' .....
Carst, es reflected in List of Heirs recorded
in Will Bock 13, PaSe 266, among the land records
of the Clerk's Office of the County of
Virginia.
~HEREAS, the said above-described land is free and clear of
all leases, liens, mortgages, mechanics liens or any encu~berancee
of any nature whatsoever except the following: utility e~seuent
to Appalechian Power Company recorded sm,mg the land records of
the County o£ Roar. oki, Virginia, in Book 385, page 153; and
~L~R~.%S, the City of Ro~noka ia the o~er of itolnokl Municipal
Airport, Woodrum Field, situated in tho City of Roanoke.
NOW, THEP. EFOP~, FOR AND IN CONSIDERATION o£ the s~-- of
SEVENTEEN THOUSAND AND THREE HUNDRED DOLLARS ($17,300.00) and other
good and valuable consideration paid by the Grantee to the Gz~ntor,
the receipt and sufficiency of which is hereby acknowledged, the
Grantors, for themselves, their heirs, successors end
hereby covenant ~nd agree with the Grantee hereof that, for the
benefit of the public in its use of the said airport, they will
not hereafter erect or permit the erection or growth of any
structure, tree or other object within or upon said pirceluhich
lies within the cleartone approach area or adjacent transition
erode of the southeasterly end of Rtmway $-23 (which area is
identified on Exhibit "A") to a height above the cleartone approac~
surface or adjacent transition surface for that approach area (as
also identified on tho said Exhibit "A"), said clearzone approach
surface being an inclined plane with a slope of 7:1, la, I foot of
elevation for each ? feat of horizontal distance, located directly
above the cleartone approach area, which inclined plane hoe an
elevation of approximately 11&7.89 feet at point A end ll~l.~J* feet
at point B, and such other elevations as arc more particul&rly shmm
on Exhibit "A", all such elevations being mean sea level.
-2-
The Grantor. for himself, his heirs, successors end
does hereby grant and conve7 unto =he CF·ncaa. ica asante.
servants, end employees · continuing right end easemeflc co cake
any ·colon necessary co prevent the erect=on or grouch of any
s,~ccure, crse or ocher ob]acC trico the ·irsp·ce above chic
parc of s·ld ·pproech surface, above the above-described inclined
plane Xoc·ced dtreccly over P·rcel I. and co remove from such
· irapane, or mark or light ae obstructions Co ·ir navies=tou any
and all existing structures. Crees or ocher objects chic may
ex=and above such approach sUr£ace, cogs=her b-ich =ho ri~hc
in~ress co, egress from a,~d passage over the land of che Grantor
for such purpose, provided, however, chAc Grin=an shall give co
Grantor thirty (30) d~ys' ~rriccen nO=icA ~f ice tn=an=ion CO
or =rim any Crees procrudtng =nco =he airspace ldanci£iod on
Exh~bic "A".
Further. for =ha consideration as above eel out° Grantor
does hereby grant unto Grantee for =he use and bane£1c of the
public · righc of flight for the passage of aircraft tn =he air-
apace above =he smi~ Parcel ! in =he ·pproAch surface Above =he
inc,=ned plane as above described and as shown on Exhibit "A".
cogs=her with =he right Co =·use in said airspace such nots· aa
my be inherent in =he opera=ion of aircraft using said ·trspac·
for landing sc. caking off from. or operating ·c =he airports
TO HAVE A~D TO HOLD s·id easement and ·11 rights appertaining
=hermes unco =he Grantee. =cs successors and asstSms forever
with cbs understanding Chac chess covenants and agreeumncs shall
be binding ~pon =he heirs. &dl~iniacr·cors, executors, end lesions
of eras=or, end chic Chess covenants and egreemmnca shall run
with =he land.
-3-
IN W~TNESSETH WHEREOF, =he s~nituree and sealm =h~s ~,,. t'
day of .~_.~..._.~, L980. .----'~-, ~ .
r~ce' : arsc ~' ' (Sg~L)
STA~E OF V~RG~N~A ~
', To-wit:
The ~orasoin$ Indenture wes executed by Jerry H. Garat fad
~ ,--~ u~ c,~ , 1980.
My Comission expires:
In the Clerk's OE~lce of the Circuit Court oE the City
Roanoke, Vlriin/a, this Instrueenc is admitted to Record
Taste: PA~SY TES~ , CT_ERK
-4-
AGREEMENT
THIS AGREEMENT is made and entered into as of the 13th
day of February, 1989, by and between the CITY OF ROANOKE,
VIRGINIA, a municipal corporation organized and existing
under the laws of the Commonwealth of Virginia (hereinafter
referred to as "the City"), and COVA CORPORATION, a
Virginia corporation and wholly-owned subsidiary of United
Parcel Service, Inc. (hereinafter referred to as "Cora").
W I TNESSETH THAT
W~IEREAS, Cova desires to construct in the City a
distribution center and central sort operations facility,
with an automatic wash tunnel, automotive shop and fueling
facility on site (all hereinafter referred to as "Facility"
or "the Facility"), which Facility is expected to be a
minimum of 180,000 square feet in floor area and shall
represent an approximate $20,500,000 investment by Cora;
and
contingent
Road Funds
Transportation Board
WHEREAS, Cova shall construct the Facility in the City
on the Andrews Property and the Garst Property (such~
properties being hereinafter defined in Sections 1 and 2),
upon an award to the City of Industrial Access
("the Access Funds") by the Commonwealth
"the Board") and the commitment of
the City to use the Access Funds to upgrade Thirlane Road
(Virginia Secondary Route No. 626) for use by the Facility,
all upon the following terms and conditions.
NOW, THEREFORE, for and in consideration of the mutual
promises, covenants and agreements hereinafter contained,
and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the City and
Cora hereby agree as follows:
1. By Real Estate Purchase Agreement dated as of
February 7, 1989, Cora has contracted to purchase for the
Facility approximately 48.25 acres of land which consist of
(a) all of the City's Official Tax Map No. 6510103,
containing approximately 22.64 acres and identified in the
City's tax records as owned by Matilda Holland Bradshaw,
Trustee, and (b) a portion of the City's Official Tax Map
No. 6530101, contiguous to the southern boundary of the
parcel described in clause (a) of this sentence, containing
approximately 25.61 acres and identified in the City's tax
records as owned by Matilda Holland Bradshaw and Thomas
Andrews Bradshaw, et al., Trustees. The two properties
identified in the immediately preceding sentence shall
- 2
hereinafter be together called "the Andrews Property", the
owners of the Andrews Property shall hereinafter be
together called "the A~ldrews Owners" and the agreement by
which Cora shall purchase the Andrews Property shall
hereinafter be called "the Andrews Purchase Agreement".
2. By Contract of Sale dated as of January 20, 1989
(hereinafter referred to as "the Garst Purchase
Agreement"), Cora has contracted to purchase for the'
Facility all of (a) the City's Official Tax Map No. 6510102
containing 13.15 acres and owned by Grace P. Garst, Don
Allen Garst, Shirley G. McDonald, Wanda G. Atkins, Mary F.
Garst, Robert H. McDonald and Earl A. Atkins, and (b) the
City's Officfal Tax Map No. 6510101 containing 0.46 of an
acre and owned by Wanda G.
two properties identified
sentence shall hereinafter
Atkins and Earl A. Atkins. The
in the immediately preceding
be together called "the Garst
Property" and such owners of the Garst Property shall
hereinafter be together called "the Garst Owners".
3. The City shall forthwith apply to the Board for a
corm~itment of $450,000 for the upgrading of that port,ion of
Thirlane Road which runs from Peters Creek Road to
Hershberger Road. Such upgrading shall be (a) upon the
alignment shown on Exhibit 1 which is attached hereto as
part hereof, (b) within a right-of-way fifty (50) feet in
width and (c) with pavement of a width, and upon
construction specifications, sufficient to serve the
Facility. If the Board commits to the City Access Funds in
the amount of not less than $400,000 for such upgrading,
the City shall forthwith have such upgrading of Thirlane
Road designed and engineered. Cora agrees fully to
support, and take all necessary and reasonable actions
toward assisting, the City in obtaining the Access Funds
from the Board.
4. If, as hereinabove contemplated by Section 3, the
Board has committed the Access Funds to the City for such
upgrading of Thirlane Road, Cora shall commence
construction of the Facility on the Andrews Property and
the Garst Property within two (2) months after receiving a
building permit ("the Building Permit") for such
construction on such properties and shall complete such
construction on such properties within eighteen (18) months
after such commencement date. Cova agrees to file its
application for the Building Permit within thirty 30) days
after acquiring title to both the Andrews Property and the
Garst Property and to pursue the issuance of the Building
Permit diligently and in good faith. Within twelve (12)
months after occupying the Facility, Cora shall have used
its best efforts to (a) commence use of the Facility as the
situs for not less than eighty-six (86) delivery vehicles
and twenty (20) tractors and (b) create, or cause to be
created, at the Facility not less than two hundred and one
(201) full-tlme job opportunities and not less than three
hundred and thirty-five (335) part-time job opportunities.
5. The City shall (a) commence construction of such
upgrading when Cora has received from the City the Building
Permit for construction of the Facility as hereinabove
provided in Section 4 and (b) proceed with such upgrading
in an expeditious manner so as to have such upgrading
completed within eighteen (18) months after the date on
which Cova receives the Building Permit. Until Thirlane
Road is upgraded as hereinabove contemplated in Section 3~
the City shall provide Cora (and Cora's agents, servants,
invitees, employees, contractors, subcontractors and
suppliers) such access from the Garst Property and the
Andrews Property to Peters Creek Road and Hershberger Road
- 5 -
as shall, in Cora's reasonable opinion, at that time be
necessary for the development, construction, use and
occupancy of the Facility.
6. Cora shall, at no cost to the City, dedicate to
the City, out of the Andrews Property, a public
right-of-way which shall be (a) of a width which, when
added to the width of the existing public right-of-way
available to the City for Thirlane Road, shall cause the
width of such existing public right-of-way to increase to
fifty (50) feet and (b) necessary for such upgrading of
Thirlane Road. Furthermore, Cora shall include in the
Andrews Purchase Agreement a requirement that the Andrews ~
Owners shall, at no cost to the City, dedicate to the City
(a) not less than one-half (1/2) of the width of the public
right-of-way that the City determines to be necessary for
such upgrading of the portion of the existing Thirlane Road
which is contiguous to property now owned by Andrews and
not within the Andrews Property and (b) a public
right-of-way, fifty (50) feet in width, which the City
determines to be necessary for the realignment of that
portion of Thirlane Road which the City is to construct
under this Agreement to serve the Facility. The City shall
- 6 -
use its best efforts, including the power of condemnation,
if necessary, to obtain from private property owners and/or
the Roanoke Regional Airport Commission, any additional
land or right-of-way which the City determines to be
necessary for such upgrading of Thirlane Road.
7. If for any reason, not the fault of the City,
Cora abandons construction of the Facility before Cora has
acquired title to the Garst Property and the Andrews
Property and before the City has construction of such
upgrading of Thirlane Road commenced, (a) Cora shall
reimburse the City the amount, not to exceed Thirty-Five
Thousand Dollars ($35,000), of the actual cost to the City
of engineering such upgrading of Thirlane Road, (b) this
Agreement shall terminate and (c) neither Cora nor the City
shall have any further rights and obligations under this
Agreement. If for any reason, not the fault of the City,
Cora abandons construction of the Facility after Cora has
acquired title to the Garst Property and the Andrews
Property and after the City has commenced construction of
such upgrading of Thirlane Road as hereinabove contemplated
by Section 3, the City shall have the right, exercisable in
the City's sole discretion, to sue Cora at law to recover
- 7 -
the City's actual costs of having such upgrading of
Thlrlane Road constructed as hereinabove contemplated by
Section 3 and of property acquisition necessitated for such
upgrading of Thirlane Road.
8. If Cova is able to purchase the Garst Property
under the Garst Purchase Agreement, Cora shall, at no cost
to the City, dedicate to the City from the Garst Property
the width of a public right-of-way which the City
determines to be necessary for the realignment and
upgrading of Thirlane Road for the use, development and
occupancy of the Facility, such width to be no more than
fifty (50) feet. If Cora is unable to purchase the Garst
Property under the Garst Purchase Agreement and the City
needs to acquire by condemnation a public right-of-way over
the Garst Property for such upgrading of Thirlane Road,
Cora agrees to fund the actual cost to the City of such
condemnation.
9. Cora shall pay the cost of installation, and
shall be entitled to partial reimbursement of such costs,
of all sanitary sewer and water service extensions to the
boundaries of the Andrews Property which are necessar~ for
the development, use and occupancy of the Facility, such
reimbursement to be in accordance with the City's usual and
customary extension policies as set forth in Section 26-8
of the Code of the City of Roanoke (1979), as amended, and
Resolution No. 27274, adopted by Roanoke City Council on
October 22, 1984.
10. Cora shall allow the City to use pictures of the
Facility (and shall also secure permission from United
Parcel Service, Inc. ("UPS") for the City to use the name
of UPS and pictures of the Facility) in brochures,
pamphlets and other advertising and public relations
materials produced by the City in an effort to promote
community development in the City. Notwithstanding the
foregoing, each of Cora and UPS shall have the right to
have its respective public relations personnel review and,
on a reasonable basis approve, such materials before the
City shall have the right to use such materials; provided,
however, that the failure of both Cora and UPS to respond~
to such materials within thirty (30) days after receiving
such materials shall be deemed their approval of such
materials.
- 9 -
11. Cora shall submit to the City on a quarterly
basis all documentation required by the Board or the
Virginia Department of Transportation for reimbursement to
the City, with Access Funds, of the cost of such upgrading
of Thirlane Road as hereinabove contemplated in Section 3.
12. The parties to this Agreement hereby acknowledge
that nothing contained in this Agreement, nor any act of
either the City or Cora, shall be deemed or construed by
either of them, or by any third person, to create any
relationship of (a) third-party beneficiary in favor of a
third person not a party to this Agreement, or (b) as
between the City and Cora, or as between the City and UPS,
any relationship of (1) principal and agent, (2) limited or
general partnership or (3) joint venture.
13. Each of the City and Cora assures the other that
the person executing this Agreement on its behalf has been
authorized to enter into and execute this Agreement.
Copies of the ordinance adopted by the City Council of the
City and of Cora's Authorization of Corporate Office
evidencing such authorizations are attached hereto as part
hereof and marked Exhibits 2 and 3, respectively.
- 10 -
14. Neither party to this Agreement shall be required
to perform in accordance with the deadlines set forth in
this Agreement in the event of (a) any force majuer~, such
as Act of God, war, riot, fire, explosion, accident, flood,
sabotage, lack of adequate fuel or power, raw materials or
labor, national defense requirements or any other event
beyond the reasonable control of Cora or the City, (b) any
labor trouble, strike, lockout, or injunction (whether or
not such labor event is within the reasonable control of
Cora or the City) which prevents, limits or makes
commercially impracticable such performance, or (c) in the
case of Cora, the failure or refusal of either or both of
the Andrews Owners or the Garst Owners to sell to Cora the
Andrews Property or the Garst Property, as the case may be.
In the event of such circumstances, the deadlines set forth
in this Agreement shall be extended on a day-to-day basis.
The parties shall use reasonable diligence to remedy any
such situation and remove the cause for the delay in an
adequate manner with all reasonable dispatch. The
requirement that any force ma'eure or labor trouble be
remedied shall not require the settlement of strikes or
labor controversies by acceding to the unreasonable demands
- 11 -
of the opposition in such dispute. No party under this
Agreement shall be liable for performance hereunder if such
performance is absolutely precluded by ruling, order,
opinion, etc. of any court, governmental body or agency
having such power. Any party which is precluded by ruling,
order, opinion, etc. of any court, governmental body or
agency, from performing its obligations pursuant to this
Agreement shall take all necessary or proper actions to
overcome or reverse or suitably alter such ruling, order,
opinion, etc. of any court, governing body or agency having
such power, in order to permit performance of this
Agreement.
15. This Agreement shall be binding upon Cora and the
City and their respective successors and assigns.
16. Cova shall not assign, sublet or transfer its
interest in this Agreement without the written consent of
the City, which consent shall not be unreasonably withheld
or delayed; provided, however, that Cora shall have the
right to assign, without obtaining such consent, its
~nterests in this Agreement to any subsidiary or affiliate
of Cora or UPS.
- 12 -
17. Cova and the City 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 has all requisite power and authority to enter into
this Agreement which is legally binding upon it; and that
it has all requisite power and authority to perform its
obligations under this Agreement and incidental thereto.
18. Ail notices, requests and other correspondence
relating to this Agreement shall be sent by certified or
registered mail, postage prepaid, by each party to the
other party hereto at the addresses specified below, or at
such other address as a party may by written notice give as
the address to which such future notices, requests or other
correspondence shall be sent hereunder:
If to the City:
with a copy to:
W. Robert Herbert, City Manager
City of Roanoke
364 Municipal Building
Roanoke, VA 24011
Wilburn C. Dibling, Jr.
City Attorney
City of Roanoke
464 Municipal Building
Roanoke, VA 24011
- 13 -
~f to Cora:
United Parcel Service, Inc.
Scott Plaza Two, 2nd floor
Industrial Highway (Route 291)
Philadelphia, PA 19113
Attention: Real Estate Manager
and to
Cova Corporation
51 Weaver Street
Greenwich Office Park 5
Greenwich, CT 06830-3160
Attention: Real Estate Manager
with a copy to: David S. Cohn, Esquire
Browder, Russell, Morris
and Butcher, P.C.
Suite 1100, One James Center
901 East Cary Street
Richmond, VA 23219
Notices, requests and other correspondence sent pursuant
this Section 18 shall be deemed given on the date of
postmark when mailed with postage prepaid as described
above. Notice to any one representative of a party shall
be sufficient notice to the party.
to
19. This Agreement constitutes the entire Agreement
of the parties hereto. It shall supersede all prior
offers, negotiations and agreements. No revision of this
Agreement shall be valid unless made in writing and signed
by the parties hereto.
- 14
20. This Agreement shall be considered executed in the
Commonwealth of Virginia and shall be governed by the laws
of the Commonwealth of Virginia.
21. This Agreement shall be executed in duplicate,
either one of which shall be deemed the original.
IN WITNESS W~IEREOF, the City and COVA have duly
executed this Agreement as of the date first set out above.
ATTEST:
Mary F.~arker,
Its City Clerk
CITY OF ROANOKE
W. Robert Herbert,
Its City Manager
ATTEST:
~%~ecretary ~
UPSARCA
coy^ Co. OPTION
~ts"P~esiden~
- 15
STATE OF VIRGINIA )
CITY OF ROANOKE ) To-wit:
! hereby certify that the foregoing Agreement was
acknowledged before me in the City of Roanoke, Virginia, by
~ R~BERT HERBERT and MARY F. PARKER, City Manager and City
lerK, respectively, of the City of Roanoke, Virginia, on
behalf of that municipal corporation, this /~ ~ day nf
February, 1989. ~ -'
My Commission expires:
Notary Public
STATE OF {- ~:: ......... ~ ~,~ )
CITY/C(~ OF !~ ~,,~ ) To-wit:
I hereby certify that the foregoing Agreemen~ was
acknowledged before me in the City/County of ~{ ~/~
~ , by '9~,,.~.{] /~ t~ .~<~ and ' / ' '
~,~-~.c ,~ 6:~,~,~{s% , as President and Secretary, respectively,
of COrA CORPORATION, a Virginia corporation, on behalf of
that corporation, this lO'~ day of February, 1989.
My Commission expires: '~-~ ~' /~ ~
,Notary Publ~it'~ '~'-]
16 -
EXHIBIT 1
Aliqnment of Upqraded Thirlane Road
- 17
EZI~IBIT 2
Roanoke City Council Ordinance
Authorizing Execution of this Agreement
IN THE COUNCIL OF THE CITY OF ROANOKE,
The 13th day of February, 1989.
No. 29465.
VIRSlNIA,
AN ORDINANCE authorizinE execution by the City ManaEer of ~ con-
tract settinE forth the responsibilities and obligations of each party
reEarding a new
public off-site
an emergency.
facility to be constructed in the City and for certain
improvements to be made by the City; and providing for
WHEREAS, Cova Corporation, a wholly-owned subsidiary of United
Parcel Service of America, Inc. (hereinafter referred to as "cora"),
desires to construct a new facility in the City of Roanoke at a cost
of approximately $20,500,000; and
WHEREAS, Thirlane Road, N. W., which will serve the facility is
currently not suitable for industrial/commercial traffic and needs to
be realigned and upgraded.
THEREFORE, BE IT ORDAINED by the CounCil of the City of Roanoke
%s follows:
1. The City Man&get and City Clerk are authorized to execute
and to seal and attest, respectively, for and on behalf of~the City,
a contract with Cova Corporation, a wholly-owned subsidiary of United
States Parcel Service of America, Inc., which contract shall set forth
the terms and conditions upon which Cora will construct its facility,
and upon which the City will provide certain off-site improvements in
the nature of realigning and upgrading Thirlane Road, N. W., and pro-
vidin$ water and sewer extensions to the boundary of the site of the
new facility; and any other terms and conditions deemed appropriate by
the City l/anager; such contract, a copy of which is attached to the
report of the City Manager, dated February 13, 1989, to be upon form
approved by the City Attorney.
2. In order to provide for the usual daily operation of the
municipal government, au emergency is deemed to exist, and this ordi-
nance shall be in full force and effect upon its passage.
ATTgST:
C~ty Clerk.
EXHIBIT 3
Action of Cova's Real Estate and Facilities Committee
Authorizing Execution of this Agreement
19 -
AUTHORIZATION OF CORPORATE OFFICER
I, JORN J. McGUINNESS, Assistant Secretary of Cova corporation, (a
Virginia corporation), do hereby certify that any officer of this
Corporation is authorized to negotiate the sale or lease of this
Corporation's real property located at Roanoke, Virginia,
Samuel A. Lockwood is an officer of Cova Corporation.
Dated: February 10, i989
PETITION TO REZONE
OFFICIAL TAX NO. 6510102 and 6510101
Adjacent Pro~ert~; Owners
1. Roanoke Regional Airport
1635 Aviation Drive
Roanoke, VA 24012
2e
Se
e
Be
Matilda Holland Bradshaw
3101 Stoneridge Road, S.W.
Roanoke, VA 24014
W. A. Quick, Jr.
P. O. Box 225
Roanoke, VA 24002
Jesse C. Ails and
Sylvia J. Ails
3942 Thirlane Rd.,
Roanoke, VA 24019
NoWe
Joseph C. and
Margaret R. Brown
3922 Thirlane Rd.,
Roanoke, VA 24019
NeW.
Betty A. Rice
3906 Thirlane Rd., N.W.
Roanoke, VA 24019
Azile S. Quick
3806 Thirlane Rd.,
Roanoke, VA 24019
NoWe
Countryside Associates, Inc.
One Countryside Drive, N.W.
Roanoke, VA 24017
Jess Newburn, III
Roanoke Sales & Services,
P.O. Box 7351
Roanoke, VA 24019
Commission
Incorporated
Official Tax No.
65101 04
65101 06
6590101
6510103
6520101
6520102
6520103
6520104
6520105
6472302
6472301
TO T~[~fW ~ERK O3 T~E CITY OF ROANOKE, VIRGINIA
~R~i~i~ TO T~E REZO~ OF:
~.~.,u~t ~r~m/~va Corporation, represented by J~es )
'8~ ~i~th~t'~:a~orney, that property located on )
designated as official tax nos. 6510101 and )
of ~15.1-341) Code of Virginia (1950), as ~ended, on behalf of the
PARCEL OWNER~ AGENT OR OCCUPANT ADDRESS
6510104 Roanoke Regional Airport Com. 1635 Aviation Driv~/~6~
6510106
6590101 Roanoke, VA 24012
6510103 Matilda Holland Bradshaw 3101 Stoneridge Road~
Roanoke, VA 24014
6520101 W.A. Quick, Jr. P.O. Box 225
Roanoke, VA 24002
6520102 Jesse C. and Sylvia J. Alls 3942 Thirlane Road, NW
Roanoke, VA 24019
6520103 Joseph C. & Margaret R. Brown 3922 Thirlane Road, NW
Roanoke, VA 24019
6520104 Betty A. Rice 3906 Thirlane Road, NW
Roanoke, VA 24019
6520105 Azile S. Quick 3806 Thirlane Road, NW
Roanoke, VA 24019
6472302 Countryside Associates, Inc. One Countryside Drive~~
Roanoke, VA 24017
6472301 Jess Newburn, III P.O. Box 7351
Rke. Sales & ~ervices, Inc. Roanoke, VA 24019
Martha Pace Franklin
SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of
Roanoke, Virginia, this 27th day of March, 1989.
Notary Public ·
My Commission Expires:
NOTICE OF PUBLIC HEARING BEFORE THE ROANOKE CITY PLANNING
COMMISSION
TO WHOM IT MAY CONCERN:
The Roanoke City Planning Commission will hold a public
hearing on Wednesday, April 5, 1989, at 1:30 p.m., or as Soon
thereafter as the matter may be heard, in the City Council
Chamber, fourth floor, Municipal Building, in order to consider
the folloving:
Request from Cora Corporation, represented by James F.
Douthat, attorney, that property located on Virginia
Secondary Route 626 (Thirlane Road, N.W.), designated as
official tax nos. 6510101 and 6510102, be rezoned from RA,
Residential Agricultural District, to LM, Light
Manufacturing District, such rezoning to be subject to
certain conditions proffered by the petitioner.
A copy of said application is available for review in the
Office of Community Planning, Room 355, Municipal Building.
All parties in interest and citizens may appear on the above
date and be heard on the matter.
John R. Marlles, Agent/Secretary
Roanoke City Planning Commission
Please run in the morning edition on March 21, 1989.
Please run in the evening edition on March 28, 1989.
Please bill: Mr. James F. Douthat
Woods, Rogers & Hazlegrove
105 Franklin Road, SW
Roanoke, VA 24011
Please send an affidavit of publication to:
Office of Community Planning
Room 355, Muncipal Building
Roanoke, VA 24011
Office of the Ci~ C!em
May 17, 1989
File #51
Mr. Edward A. Natt
Attorney
1919 Electric Road, S. W,
Roanoke, Virginia 24018
Dear Mr. Natt:
I am enclosing copy of Ordinance No. 29544 changing the proffered
conditions in connection with the conditional rezoning of a tract
of land containing 12.37 acres, more or less, lying on the north
side of Grandin Road Extension, west of Airview Road, S. W.,
which tract of land was originally identified as Official Tax
Nos. 5090203 and 5090204, which Ordinance No. 29544 was adopted
by the Council of the City of Roanoke on first reading on Monday,
May 8, 1989, also adopted by the Council on second reading on
Monday, May 15, 1989, and will take effect ten days following the
date of its second reading,
Sincere ly,
Mary F, Parker, CMC
City Clerk
MFP: ra
Eric ·
pc:
Ms. Ruth S. Slovensky, 4731 Wembley Place, S. W., Roanoke,
Virginia 24018
Ms, Margaret H. Thomasson, 4727 Wembley Place, S. W,,
Roanoke, Virginia 24018
Mr. & Mrs. Michael Brarrcner, 4729 Wembley Place, S. W.,
Roanoke, Virginia 24018
Mr. & Mrs. Donald McCray, 4725 Wembley Place, S. W., Roanoke,
Virginia 24018
Mr. & Mrs. R. A. Oliver, 4726 Wembley Place, S. W., Roanoke,
Virginia 24018
Room 456 Municipal Building 2t5 Church A~'~ue. SW Roanoke. V~rg~nia 2401 t (703) 98t-254t
Mr. Edward A. Natt
Page 2
May 19, 1989
pc: Mr. William L. Cummings, 5118 Greenfield Street, S. W.,
Roanoke, Virginia 24018
Mr. & Mrs. C. T. Finocchiaro, 4718 Werabley Place, S. W.,
Roanoke, Virginia 24018
Mr. & Mrs. Douglas Dixon, 4720 Wembley Place, S. W.j Roanoke,
Virginia 24018
Ms. Peggy J. Ellerj 4714 Wembley Place, S. W., Roanoke,
Virginia 24018
Mr. & Mrs. Michael Kirby, 4723 Wembley Place, S. W., Roanoke,
Virginia 24018
Mr. Steven J. Lacy, 4721 Wembley Place, S. W., Roanoke~
Virginia 24018
Ms. Mary T. Wright, 4719 Wembley Place, S. W., Roanoke
Virginia 24018
Mr. & Mrs. Percy B. Mayo, Jr., 4717 Wembley Place, S. W.
Roanoke, Virginia 24018
Ms. Beth K. Porter, 1910 Lytham Drive, S. W., Roanoke
Virginia 24018
Ms. Charlene G. ~levin$, 1916 Lytham Drive, $. W., Roanoke
Virginia 24018
Mr. & Mrs. Fred W. McElmurray, 4818 Norwood Street~ S. W.
Roanoke, Virginia 24018
Mr. & Mrs. Marion A. Turner, 4810 Norwood Street, S. W.
Roanoke, Virginia 24018
Mr. & Mrs. John K. Shoemaker, 4806 Norwood Street, S. W.
Roanoke, Virginia 24018
Ms. Doris H. Switzer, 1915 Lytham Drive, $. W.~ Roanoke
Virginia 24018
Mr. & Mrs. William A. McBroom, 4756 Norwood Streetj S.
Roanoke, Virginia 24018
Mr. William J. Moody, 4748 Norwood Street, S. W., Roanoke,
Virginia 24018
Mr. & Mrs. Robert W. Gilsdorf, 4740 Norwood Street, S. W.,
Roanoke, Virginia 24018
Mr. & Mrs. Marvin A. Poff, 4734 Norwood Street, S. W.,
Roanokej Virginia 24018
Mr. & Mrs. Walter W. Tyreej 4724 Norwood Street, S. W.,
Roanoke, Virginia 24018
Ms. Helen Ro Reed, 4716 Norwood Street, S. W., Roanoke,
Virginia 24018
Mr. & Mrs. Timothy Lo Strawn, 4710 Norwood Street, S.
Roanoke, Virginia 24018
Trent Development Company, 1931Airview Road, S. Wo, Roanoke,
Virginia 24018
,Ur. Edward A. Natt
Page 3
May 19, 1989
pc:
Mr. & Mrs. Luther J. Martin. 4818 Grandin Road Extension,
Roanoke, Virginia 24018
Ms. Elizabeth Logan, c/o Ms. Virginia C. Logan, 34 Townsend
Street, Port Chester, New York 10573
Mr. & Mrs. Robert W. Smith, 4706 Grandin Road Extension,
Roanoke, Virginia 24018
Mr. & Mrs. William D. Coleman, P. 0. Box 13274, Roanoke,
Virginia 24032
Farrington Apartments of Roanoke, c/o Mr. Gene B. Glick,
P. 0. Box 40177, Indianapolis, Indiana 46240
Atlantic Income Properties, 230 Tryon Street, Suite 700,
Charlotte, North Carolina 28202
The Park-Oak Grove LP, c/o Mr. Olin Melchionna, P. 0. Box 90,
Roanoke, Virginia 24002
Ms. Ruth Martin York, 4905 Woodmar Drive, S. W., Roanoke,
Virginia 24018
Mr. Wayne G. Strickland, Executive Director, Fifth Planning
District Commission, P. O. Box 2569, Roanoke, Virginia 24010
Mr. W. Robert Herbert, City Manager
Mr. Wilburn C. Dibling, Jr., City Attorney
Ms. Steven J. Talevi, Assistant City Attorney
Mr. Von W. Moody, III, Director of Real Estate Valuation
Mr. Michael M. Waldvogel, Chairman, City Planning Commission
Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals
Mr. William F. Clark, Director of Public Works
Mr. Kit B. Kiser, Director of Utilities and Operations
Mr. Charles M. Huffine, City Engineer
Mr. Ronald H. Miller, Building Cor~'dissioner and Zoning
Administrator
Mr. John R. Marlles, Agent/Secretary, City Planning
Commission
Ms. Doris Layne, Office of Real Estate Valuation
IN THE COUNCIL OF THE CITY OF ROANOKE,
The 15th day of May, 1989.
No. 29544.
VIRGINIA,
AN ORDINANCE to amend $$36.1-3 and 36.1-4, Code of the City of
Roanoke (1979), as amended, and Sheet No. 509, Sectional 1976 Zone
Map, City of Roanoke, in order to amend certain conditions presently
binding upon certain property previously conditionally rezoned RG-1,
General Residential District (now R~-2, Multifamily, Medium Density
District).
WHEREAS, application has been made to the Council of the City
of Roanoke to amend certain conditions presently binding upon a
12.37-acre tract of land lying on the north side of Grandin Road
Extension and west of Airview Road, formerly identified as Official
Tax Nos. 5090203 and 5090204, according to the Tax Appraisal Maps of
the City of Roanoke, which property was
rezoned by the adoption of Ordinance No.
and
WHEREAS, the City Planning Commission, which
notice to all concerned as required by $36.1-693,
previously conditionally
28603, on April 20, 1987;
after giving proper
Code of the City of
Roanoke (1979), as amended, and after conducting a public hearing on
the matter, has made its recommendation to Council; and
WHEREAS, a public hearing was held by City Council on said appli-
cation at its meeting on ~ay 8, 1989, at 7:30 p.m., after due and
timely notice thereof as required by $36.1-693, Code of the City of
Roanoke (1979), as amended, at which hearing all parties in interest
and citizens were given an opportunity to be heard, both for and
against the proposed amendment; and
WHEREAS, this Council, after considering the aforesaid applica-
tion, the recommendation made to the Council by the Planning Commis-
sion, the City's Comprehensive Plan, and the matters presented at the
public hearing, is of the opinion that certain of the conditions now
binding upon the hereinafter described property should be amended as
requested.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that $$36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as
amended, and Sheet No. 509 of the Sectional 1976 Zone ~ap, City of
Roanoke, be amended in the following particular and no other:
1. The conditions voluntarily proffered by the applicant in
applicant's Amended Petition to Rezone (To Change Proffered Condi-
tions) filed in the City Clerk's Office on FebrUary 17, 1987, and
which were approved by the adoption of Ordinance No. 28603, on April
20, 1987, is hereby amended in the following respects:
a. A vegetative buffer of forty (40) feet and a
twenty (20) foot building setback from said
buffer for a combined total building setback
from the property line of sixty (SO) feet
will be retained by the owner/developer at
the rear of all two-story townhouse units to
be constructed along the northerly property
line.
A vegetative buffer of thirty (30) feet will
be retained with a fifteen (15) foot building
setback from the buffer for a combined total
building line setback of forty-five (45) feet
from said northerly property line at the rear
of all one-story townhouse units to be con-
structed along the subject property line.
Ail plantings made by the applicant will be
maintained by the applicant for a period of
two years from the date of the issuance of
building permits for the construction of
adjacent residences. All trees within the
setback or vegetative buffer areas that are
damaged during construction or that die with-
in the two year period shall be replaced by
the applicant.
2. All other conditions proffered by the applicant and approved
by the Council's adoption of Ordinance No. 28603, on April 20, 1987,
shall remain unchanged and in effect as proffered.
ATTEST:
City Clerk.
Or, ce of ~he Ci~' Clen~
May 2, 1989
File #51
Mr. Edward A. Natt
Attorney
1919 Electric Road, S. Wo
Roanoke, Virginia 24018
Dear Mr. Natt:
Pursuant to my communication under date of April 20, 1989, I am
enclosing copy of an Ordinance, which was prepared by the City
Attorney's Office, in connection with the request of your client,
Munger Development Company, a Virginia Corporation, to change the
proffered conditions to rezone a tract of land containing 12.37
acres, more or less, lying on the west side of Grandin Road
Extension, south of Airview Road, S. W. The above described
Ordinance will be considered by the Council at a regular meeting
to be held on Monday, May 8, 1989, at 7:30 p.m., in the City
Council Chamber, fourth floor of the Municipal Building.
Please review the Ordinance and if you have questions, you may
contact Mr. Steven Jo Talevi, Assistant City Attorney, at
981-2431.
MFP:ra
PUBLIC4A
Eric.
Sincerely,
Mary F. Parker, CMC
City Clerk
Room 456 Municipal Building 215 C~urch Avenue SW Roanoke Virginia 24011 (703) 98t-2541
Roanoke City Planning Commission
May 8, 1989
The Honorable Noel C. Taylor,
and Members of City Council
Roanoke, Virginia
Mayor
Dear Members of Council:
Subject:
Request from Munger Development Company,
a Virginia Corporation, represented by
Edward A. Natt, attorney, to amend
certain conditions proffered and
approved as a part of a conditional
rezoning in Ordinance 28603, as adopted
on April 13, 1987.
Background:
Property as originally rezoned on October 13,
1986, from RS-1 to RG-1 (new zoning ordinance
adopted in May, 1987, changed the zoning
designation of the RG-1 classification to
RM-2) was a 12.37 acre tract of land located
at the northwest corner of Grandin Road and
Airview Road, S.W.
Purpose of the rezoning was to permit the
construction of 192 single family attached
dwelling units (condominiums).
Conditions proffered as a part of the
rezoning petition as filed included:
Construction of no more than 192 single
family attached dwelling units
(condominiums).
The site will be developed in
substantial conformity with utilizing
the site plan prepared by Buford T.
Lumsden and Associates, dated August
1986, subject only to such changes as
may be specifically required by the City
during site plan review. Site plan as
proffered included a forty (40) foot
vegetative buffer and a twenty (20) foot
Room 355 Municipal Building 215 Churd~ Avenue, SW P~noke, Virginia 24011 (703) 981-2344
Roanoke City Council
Page 2
May 8, 1989
building setback from the buffer (see
attached Map A). The proffers provided
for a combined total building setback
from the subject property line of sixty
(60) feet for all units proposed for
construction adjacent to the abutting
RS-1 district, as defined upon the
proffered site plan.
Rezonin~ was approved by City Council and
Ord. No. 28385 was adopted on October 13,
1986.
Petition requesting to amend the conditions
as proffered in Ord. No. 28385 was submitted
on February 17, 1987.
Requested amendment to the proffered
conditions consisted of the following:
The tract will be used for the
construction of 192 single family
attached dwelling units (condominiums)
or 100 townhouse units. To the extent
that condominiums are constructed on the
property, the construction of the
project will be subject to approval from
the necessary state authorities for all
condominium documents.
The site will be developed in
substantial conformity with either (i)
the site plan for condominium
development prepared by Buford T.
Lumsden and Associates, P.C., dated
August, 1986, or (ii) the site plan for
townhouse development prepared by Buford
T. Lumsden and Associates, P.C., dated
January, 1987.
Request to amend the proffered conditions
was approved by City Council, and Ord. No.
28603 was adopted on April 13, 1987. Ord.
No. 28603 repealed the original Ord. No.
28385.
Site plan for condominium development and
site plan for townhouse development as
proffered by the petitioner provided for the
same forty (40) foot vegetative buffer and
twenty (20) foot building setback from the
buffer for a combined total building setback
from the subject property line of sixty (60)
feet as previously proffered.
Roanoke City Council
Page 3
May 8, 1989
II.
Current Situation:
Current petition initially requested that the
combined total building setback of sixty (60)
feet from the property line (as previously
proffered and approved as a forty (40) foot
vegetative buffer and a twenty (20) foot
building setback from said buffer) be reduced
to a total building setback line of thirty
(30) feet from the subject property line.
Owner and developer, Munger Development
Company, contends:
that the forty (40) foot vegetative
buffer and twenty (20) foot building
setback from the buffer was originally
intended to provide a more than adequate
buffer screen on the original site plan
which also proffered the higher density
construction of 192 single family
attached condominium units.
that the combined total building setback
of sixty (60) feet, as shown on the
original site plan for a condominium
development of 192 units, was not
intended to be shown or proffered as a
part of the site plan for the lower
density (100 units) townhouse
development. Setback dimension was
inadvertently transferred from the
original site plan proffered for higher
density condominium development (192
units) to the site plan proffered for
the lower density townhouse development
(100 units).
Planning Commission reviewed the petition at
its regular meeting of April 5, 1989.
Planning Commission expressed concern that
the change (amendment) as requested from a
combined total building setback of sixty (60)
feet to a thirty (30) foot combined total
building setback would not adequately provide
the following:
A sufficient vegetative buffer between
the townhouse development and the single
family RS-1 district along the northerly
property line of the proposed
development.
Sufficient space to provide for an
adequate rear yard for the proposed
townhouse units.
Roanoke City Council
Page 4
May 8, 1989
Counsel for the applicant proffered to change
the requested amendment to provide for the
following:
A vegetative buffer of thirty (30) feet
would be maintained within a thirty-five
(35) foot building line setback from the
subject property line at the rear of all
one-story units.
A sixty (60) foot combined total
building setback from the subject
property line, composed of a forty (40)
foot vegetative buffer and a twenty (20)
foot setback from said buffer would be
maintained at the rear of all units
exceeding one story.
Any plantings made by the developer
within the setback or vegetative buffer
areas which die within two (2) years
from the issuance of a certificate of
occupancy on the adjoining units shall
be replaced by the developer.
Plannin~ Commission recommended approval of
the requested amendments as proffered by a
vote of 3-2 at its regular meeting of April
5, 1989.
ADplicant, after further consideration and
discussion with affected residents in the
community, decided to increase the combined
total building setback as previously
proffered to and approved by the Planning
Commission, from thirty-five (35) feet to
forty-five (45) feet at the rear yard of all
one-story townhouse units that adjoin the
subject property line.
Applicant's third amended petition includes
the proffer for the increased setback of
forty-five (45) feet. Forty-five (45) foot
combined total building setback as proffered
provides for a thirty (30) foot vegetative
buffer and a fifteen (15) foot building
setback from the buffer area. Total setback
from the subject property line will be
forty-five (45) feet at the rear yard of all
adjoining one-story townhouse units.
III. Issues:
A. Neighborhood impact.
Roanoke City Council
Page 5
May 8, 1989
B. Density of development.
C. Landscape buffer requirements.
D. Land use.
IV.
Alternatives:
Approve the request to amend the conditions
proffered in Ord. No. 28603, thereby
accepting and approving the amended
conditions cited in the applicant's third
amended petition.
Neighborhood impact. Reduction of
combined total building setback from
sixty (60) to forty-five (45) feet would
not adversely affect the abutting RS-1
properties. Sufficient buffer would
still be provided.
Density of development. Owner has
reduced the number of residential units
to be constructed from 192 to 100.
Landscape buffer requirements. Section
36.1-585 of the City's zoning ordinance
requires a 10' wide landscape screen
buffer to be provided in "any required
yard of a lot containing a townhouse
development, where the lot abuts a lot
containing a single family detached
dwelling or two-family dwelling or which
abuts a lot zoned RS-l, RS-2 or RS-3."
Land use. Owner and developer, Munger
Development Company, has committed this
land to the development and construction
of no more than 100 single family
attached townhouses. Owner has also
committed to the following land use
provisions:
(a)
Dedication and construction of
public streets to serve the
townhouse development.
(b)
Dedication and construction of
public utilities to serve the
development.
(c)
Provision and construction of
drainage facilities that
significantly exceeds the City's
storm water retention requirements.
Roanoke City Council
Page 6
May 8, 1989
Deny the request to amend the conditions as
proffered in Ord. No. 28603.
Neighborhood impact. Sixty (60) foot
wide vegetative buffer and building
setback will provide some additional
screening and buffering advantages to
the abutting RS-1 zoned properties.
Density of development could be
affected if developer lacks sufficient
spatial requirements needed to construct
one-story units.
Landscape buffer requirements would not
be an issue.
Land use. Owner has requested the
change in proffered conditions in order
to construct more one-story units within
the development. Construction of one
story units according to the developer,
requires more depth or lineal building
space. If more one-story units are
constructed, the overall number of units
that could be developed (100) will be
decreased. If the request is denied,
the probability of more than 83 units
being constructed is increased.
Recommendation:
Planning Commission by a vote of 3-2 (Messrs.
Buford, Waldvogel and Jones voting for the
request, Messrs. Price and Bradshaw voting against
the request and Mrs. Goode absent), recommends
that City Council approve the request to amend the
conditions proffered in Ord. No. 28603, thereby
accepting and approving the amended conditions
cited in the applicant's third amended petition,
as follows:
A vegetative buffer of forty (40) feet and a
twenty (20) foot building setback from said
buffer (total 60 feet) will be retained by
the owner/developer at the rear of all
two-story townhouse units to be constructed
along the northerly property line.
Roanoke City Council
Page 7
May 8, 1989
A vegetative buffer of thirty (30) feet will
be retained within a combined total building
line setback of forty-five (45) feet from
said northerly property line at the rear of
all one-story townhouse units to be
constructed along the subject property line.
Ail trees existing within the vegetative
buffers and setbacks will be maintained by
the applicant for a period of two years from
the date of the issuance of building permits
for the construction of adjacent residences.
All trees within the setback or vegetative
buffer areas that are damaged during
construction or that die within the two year
period shall be replaced by the applicant.
Ail other conditions proffered as a part of
Ord. No. 28603 to remain in effect as
proffered.
Respectfully submitted,
Michael M. Waldvogel, Cha-lrman
Roanoke City Planning Commission
JRM:JTT:mpf
attachments
cc: Assistant City Attorney
Director of Public Works
City Engineer
Building Commissioner/Zoning Administrator
Petitioner
VIRGINIA:
IN THE COUNC._J.I.L OF THE CITY OF
IN RE: )
)
Rezoning to change proffered )
conditions for a tract of land )
containing 12.37± acres lying )
on the west side of Grandin Road)
Extension south of Airview Road )
THIRD
AMENDED PETITION TO
REZONE (TO CHANGE
PROFFERED CONDITIONS)
TO THE HONORABLE MAYORAND MEMBERS OF THE COUNCIL
OF THE CITY OF ROANOKE:
(1) By Ordinance No. 28385, adopted by this
Council on October 20, 1986, the property which is the sub-
iect of this petition (originally identified by Official Tax
Nos. 5090203 and 509020a) was rezoned from RS-I, Single-
Family Residential District, to RG-1, General Residential
District, subject to certain conditions proffered by the
then petitioner, The Murchison Company. A copy of that
ordinance is attached hereto as Exhibit A.
(2) By Ordinance No. 28603, adopted by this
Council on April 20, 1987, the conditions relating to said
property were amended to provide that the developer could
utilize either of two site plans dependent upon whether the
project was going to be a condominium project or a townhome
project. A copy of said ordinance is attached hereto as
Exhibit B.
(3) That the present owner of the property and
the developer of the project is ~lunger Development Company,
a Virginia corporation, the petitioner herein.
(4) That subsequent to the adoption of said ordi-
nances, the petitioner has concluded that market conditions
require a different type of development than originally
anticipated; specifically that some one floor townhomes be
included in the development. That in order to accomplish
the same, it is necessary that a setback line and buffer
zone as shown on the plan attached hereto as Exhibit C be
3ermttted. Accordingly, the petitioner wishes to amend the
)resent zoning conditions to permit the setback line and
vegetation buffer on that portion of the property adjoining
Block 2, Section B and Block 2, Section C "West Court.~ to be
as follows:
(a) ^ vegetation buffer of thirty feet will
retained along the aforesaid property line.
(b) A ~S-foot setback will be maintained on any
one-story units adjoining the above property line.
(c) A 60-foot setback shall be maintained for
years from issuance
adjoining unit
in height adjoining the above
any units exceeding one story
property line.
(d) Any plantings made by Developer within the
setback or vegetative buffered area which die within two
of a certificate of occupancy on the
shall be replaced by Developer.
2
addresses
adjacent to or
property which
WHEREFORE,
ditions proffered in
Ordinance Nos. 28385
(~) Attached as Exhibit D are the names and
of the Owner or OWners of all property immediately
immediately across a Street or road
is the subject of this petition.
the petitioner requests that
from the
the con-
Connection with and made a part of
and 28603 of this Council be changed as
set forth above, in accordance with the provisions
Zoning Ordinance of the City of Roanoke,
Dated: April 13, 1989,
of the
Edward A. Natt, Esquire
Osterhoudt, Ferguson, Natt,
Aheron & Agee, P.C.
919 Electric Road, S.W.
Roanoke, VA 2~018
Counsel for Petitioner
Respectfully submitted,
MUNGER DEVELOPMENT CCMPANY,
a Virginia corporation
....
R~.n17.p
3
LOCATION
PROPOSED
CHANGE IN CONDITIONS
4
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4
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(EXTEN$
OqOIOI
PROPOSED
CHANGE IN CONDITIONS
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I
Roanoke City Planning Commission
April 21, 1989
The Honorable Mayor Noel C.
and Members of City Council
Roanoke, Virginia
Taylor
Dear Members of Council:
Attached please find copies of maps for the Munger
Development Company request to amend conditions for a development
on Grandin and Airview Roads, S.W. A report, with accompanying
maps, was forwarded to you under separate cover. The attached
maps depict the situation more clearly and should replace the
maps attached to your previous report. This matter will be heard
at public hearing scheduled for May 8, 1989.
Thank you for your attention to this matter and I hope these
maps are more helpful to you.
Sincerely,
John R. Marlles, Secretary
Roanoke City Planning Commission
/f
attachment
355 Municipal Building 215 Churah Avenue~ SW Roanoke, Virginia 24011 (703) 981 2344
LOCA
~0
PROPOSED
CHANGE IN CONDITIONS
~°e4o~.ao
(EXT;'NS
~oqOI01 £
509010~
Office of the City Cterk
April 20, 1989
File #51
Mr. Edward A. Natt
Attorney
1919 Electric Road, S. W.
Roanoke, Virginia 24018
Dear Mr. Natt:
I am enclosing copy of a report of the City Planning Corr~ission
recorr~ending that the Council of the City of Roanoke grant the
request of your client, Munger Development Company, a Virginia
Corporation, to change the proffered conditions to rezone a tract
of land containing 12.37 acres, more or less~ lying on the west
side of Grandin Road Extension, south of Airview Road, S. W.
Pursuant to Resolution No. 25523 adopted by the Council of the
City of Roanoke at a regular meeting held on Monday, April
1981~ a public hearing on the abovedescribed request has been set
for Monday~ May 8, 1989, at 7:30 p.m., in the City Council
Chamber, fourth floor of the Municipal Building, 215 Church
Avenue~ So W.
For your information~ I am also enclosing copy of a notice of the
public hearing and an Ordinance providing for the rezoning, which
notice and Ordinance were prepared by the City Attorney's Office.
(The Ordinance will be forwarded to you under separate cover.)
Please review the Ordinance and if you have questions, you may
contact Mr. Steven J. Talevi, Assistant City Attorney, at
981-2431. Questions with regard to the City Planning Corr~nission
report should be directed to Mr. ~ohn R. Marlles~ Chief of
Corr~nunity Planning, at 981-2344.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:ra
PUBLIC4
Enc.
Room 456 Municipal Building 215 Church Avenue SW Roanoke ~rg,nia 240t 1 (703) 98t-2541
Mr. Edward A. Natt
April 20~ 1989
Page 2
pc: Ms. Ruth S. Slovensky, 4731 Wembley Placer So W., Roanoke,
Virginia 24018
Ms. Margaret H. Thomasson, 4727 Wembley Place, S.
Roanoke, Virginia 24018
Mr. & Mrs. Michael Brammer, 4729 Wembley Place, S.
Roanoke, Virginia 24018
Mr. & Mrs. Donald McCray, 4725 Wembley Place, S. W., Roanoke,
Virginia 24018
Mr. & Mrs. R. A. Oliver~ 4726 Wembley Place, S. W., Roanoke,
Virginia 24018
Mr. William L. Cummings~ 5118 Greenfield Street,
Roanoke, Virginia 24018
Mr. & Mrs. C. T. Finocchiaro, 4718 Wembley Place, S. W.,
Roanoke, Virginia 24018
Mr. & Mrs. Douglas Dixon, 4720 Wembley Place, S. W., Roanoke,
Virginia 24018
Ms. Peggy J. Eller~ 4714 Wembley Place, S. W., Roanoke,
Virginia 24018
Mr. & Mrs. Michael Kirby, 4723 Wembley Place, S. W.~ Roanoke,
Virginia 24018
Mr. Steven J. Lacy, 4721 Wembley Place, S. W., Roanoke,
Virginia 24018
Ms. Mary T. Wright~ 4719 Wernbley Place, S. W., Roanoke,
Virginia 24018
Mr. & Mrs. Percy B. Mayo, Jr., 4717 Wembley Placer S. W.,
Roanoke, Virginia 24018
Ms. Beth K. Porter, 1910 Lytham Drive, S. W., Roanoke,
Virginia 24018
Ms. Charlene G. Blevins, 1916 Lytham Drive, S. W., Roanoke,
Virginia 24018
Mr. & Mrs. Fred W. McElmurray, 4818 Norwood Street~ S. W.
Roanoke~ Virginia 24018
Mr. & Mrs. Marion A. Turner, 4810 Norwood Street, S. W.
Roanoke, Virginia 24018
Mr. & Mrs. John Ko Shoemaker, 4806 Norwood Street, S. W.
Roanoke~ Virginia 24018
Ms. Doris H. Switzer, 1915 Lytham Drive, S. W., Roanoke
Virginia 24018
Mr. & Mrs. William A. McBroom, 4756 Norwood Street, S. W.
Roanoke, Virginia 24018
Mr. William J. Moody, 4748 Norwood Street, S. W., Roanoke
Virginia 24018
Mr. & Mrs. Robert W. Gilsdorf, 4740 Norwood Street, S.
Roanoke, Virginia 24018
Mr. & Mrs. Marvin A. Poff, 4734 Norwood Street, S.
Roanoke, Virginia 24018
Mr. & Mrs. Walter W. Tyree, 4724 Norwood Street, S. W.,
Roanoke, Virginia 24018
Mr. Edward A. Natt
April 20~ 1989
Page 3
pc:
Ms. Helen R. Reed, 4716 Norwood Street, S. W., Roanoke,
Virginia 24018
Mr. & Mrs. Timothy L. Strawn, 4710 Norwood Street, S. W.,
Roanoke, Virginia 24018
Trent Development Company, 1931Airview Road, So W., Roanoke,
Virginia 24018
Mr. & Mrs. Luther J. Martin, 4818 Grandin Road Extension,
Roanoke, Virginia 24018
Ms. Elizabeth Logan, c/o Ms. Virginia C. Logan, 34 Townsend
Street, Port Chester, New York 10573
Mr. & Mrs. Robert W. Smith, 4706 Grandin Road Extension,
Roanoke, Virginia 24018
Mr. & Mrs. William D. Coleman, P. O. Box 13274~ Roanoke,
Virginia 24032
Farrington Apartments of Roanoke, c/o Mr. Gene B. Glick,
P. O. Box 40177, Indianapolis, Indiana 46240
Atlantic Income Properties, 230 Tryon Street, Suite 700,
Charlotte, North Carolina 28202
The Park-Oak Grove LP, c/o Mr. Olin Melchionna, P. O. Box 90,
Roanoke, Virginia 24002
Ms. Ruth Martin York, 4905 Woodmar Drive, S. W., Roanoke,
Virginia 24018
Mr. Wayne G. Strickland, Executive Director, Fifth Planning
District Conwission, P. Oo Box 2569, Roanoke, Virginia 24010
Mr. W. Robert Herbert~ City Manager
Mr. Wilburn C. Dibling, Jr., City Attorney
Ms. Steven J. Talevi, Assistant City Attorney
Mr. Von W. Moody, III, Director of Real Estate Valuation
Mr. Michael M. Waldvogel, Chairman~ City Planning Con~lission
Mr. L. Elwood Norris~ Chairman, Board of Zoning Appeals
Mr. William F. Clark~ Director of Public Works
Mr. Kit ~. Kiser, Director of Utilities and Operations
Mr. Charles M. Huffine, City Engineer
Mr. Ronald R. Miller, ~uildin~ Corr~nissioner and Zoning
Administrator
Mr. John R. Marlles~ Agent/Secretary~ City Planning
Corr~nission
Ms. Doris Layne, Office of Real Estate Valuation
~,ITNcSS,
NOTICE OF PUBLIC HEARING
TO WHOM IT MAY CONCERN:
Pursuant to the provisions of Article VIII 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, May 8,
1989, at 7:30 p.m., in the Council Chamber in the Municipal Build-
ing, 215 Church Avenue, S. W., or as soon thereafter as the matter
may be heard, on the question of amending certain of the existing
conditions proferred in connection with the conditional rezoning
of a certain tract of land consisting of 12.37+ acres of land
lying on the north side of Grandin Road Extension and west of
Airview Road, which tract was originally identified as Official
Tax Nos. 5090203 and 5090204 according to the Tax Appraisal Maps
of the City of Roanoke, and which rezoning was accomplished by
Ordinance No. 28603, adopted on April 20, 1987.
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 Apri] , 1989.
Mary F. Parker, City Clerk
Please publish in full twice, once on Friday,
April 21, 1989, and once on Friday, April 28,
1989, in the Roanoke Times and World News,
Morning Edition.
Please send publisher's affidavit to:
Ms. Mary F. Parker, C~ty Clerk
Room 456, Municipal Building
Roanoke, Virginia 24011
Please bil~ to:
Mr. Edward A. Natt
Attorney
1919 Electric Road,
Roanoke, Virginia
24018
April 25, 1989
Mr. Michael M. Waldvogel
Chairman
City Planning Corr~ission
Roanoke, Virginia
Pursuant to Section 38.1-690(e) of the Code of the City of
Roanoke (1979), as amended, I am enclosing copy of a third
amended petition from Mr. Edward A. Natt, Attorney, representing
Munger Development Company, a Virginia Corporation, proposing to
change the proffered conditions to rerone a tract of land con-
taining 12.37 acres, more or less, lying on the north side of
Grandin Road Extension, west of Airview Road, S. W.
MFP:ra
REZONE4
En C ·
pC:
Sincerely,
Mary F. Parker, CMC
City Clerk
Mr. Edward A. Natt, Attorney, 1919' Electric Road,
Roanoke, Virginia 24018
Mr. John R. Marlles, Agent/Secretary, City Planning
Cow~nission
Mr. Ronald H. Miller, Zoning Administrato,
Mr. Steven J. Talevi, Assistant City Attorney
ROom456 /V~nlcipolBuilding 215Ct~rc'hAvem~,S.W, Roano~e. Virg~nia24011 (703)98%25,41
Or,ce o~ rhe Ci~' ClerH
April 19, 1989
Mr. Michael M. Waldvogel
Chairman
City Planning Co,~,~ission
Roanoke, Virginia
Dear Mr. Waldvogel:
Pursuant to Section 36.1-690(e) of the Code of the City of
Roanoke (1979), as amended, I am enclosing copy of a third
amended petition from Mr. Edward Ao Natt, Attorney, representing
Munger Development Company, a Virginia Corporation, proposing to
change the proffered conditions to rezone a tract of land con-
taining 12.37 acres, more or less, lying on the west side of
Grandin Road Extension~ south of Airview Road, S. W.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:ra
REZONE4
pc: Mr. Edward A. Natt, Attorney, 1919 Electric Road,
Roanoke~ Virginia 24018
Mr. John R. Marlles, Agent/Secretary, City ~Planning
Commission
Mr. Ronald H. Miller, Zoning Administrator
Mr. Steven J. Talevi, Assistant City Attorney
Room 456 Munlcil:~l Building 215 C~urch Avenue. SW Roanoke Virginia 24011 (703) 98%254.1
OSTER.HOUDT, FER_GUSON, NATT, AHER. ON g
Ms. Mary Parker
City Clerk
Municipal Building
Roanoke, VA
A PKOFES$[ONAL COKPORATION
Apri I 13, 1989
RE: Munger Development Company
Dear Ms. Parker:
Enclosed please find a Third Amended Petition to
Rezone (To Change Proffered Conditions) for Munger Develop-
ment Company. I am submitting this following the Planning
Commission meeting and would respectfully request that you
include it with the City Council package for the public hear-
ing which is set for May 8th.
The Planning Commission recommended approval of
the change in proffered conditions. However, Munger Develop-
ment Company, the Developer, after the Planning Commission
meeting, took into consideration the comments of Mr. Bradshaw
and the adjoining neighbors and has voluntarily agreed to
increase the setback area for the one-story units from the
35 feet approved by the Planning Commission to 45 feet.
This is an increase in the setback line and we would volun-
tarily proffer this increase for City Council's consideration.
By copy of this letter, I am providing the Planning
Department of the City of Roanoke with this information. I
would ask that, if either you or the Planning Department have
any problems with Council's consideration of the matter at the
May 8th meeting, I please be advised of the same immediately.
Thanking you in advance for your attention to this
matter, I am
Very truly yours,
/bp
Encl.
CC:
John Marlles
Agent/Secretary
City Planning Commission
Municipal Building
215 Church Avenue, SW
Roanoke, VA 24011
OSTERHOUDT, FERGUSON, NATT,
AHERON & AGEE, P.C.
Edward A. Natt
Mr. Nick Munger
2514 Sharmar Drive
Roanoke, VA 24018
VIRGINIA:
IN THE COUNCIL OF THE C
I TY OF ROANOKE
IN RE: )
)
Rezoning to change proffered )
conditions for a tract of land )
containing 12.37± acres lying )
on the west side of Grandin Road)
Extension south of Airview Road )
THIRD
AMENDED PETITION TO
REZONE (TO CHANGE
PROFFERED CONDITIONS)
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL
OF THE CITY OF ROANOKE:
(I) By Ordinance No. 28385, adopted
Counci on October 20, 1986, the property which
by this
is the sub-
ject of this petition (originally identified by Official Tax
Nos. 5090203 and 5090204) was rezoned from RS-l, Single-
Family Residential District, to RG-1, General Residential
District, subject to certain conditions proffered by the
then petitioner, The Murchison Company. A copy of that
ordinance is attached hereto as Exhibit A.
(2) By Ordinance No. 28603, adopted by this
Council on April 20, 1987, the conditions relating to said
property were amended to provide that the developer could
utilize either of two site plans dependent upon whether the
project was going to be a condominium project or a townhome
project. A copy of said ordinance is attached hereto as
Exhibit B.
(3) That the present owner of the property and
the developer of the project is Munger Development Company,
a Virginia corporation, the petitioner herein.
(4) That subsequent to the adoption of said ordi-
nances, the petitioner has concluded that market conditions
require a different type of development than originally
anticipated; specifically that some one floor townhomes be
included in the development. That in order to accomplish
the same, it is necessary that a setback line and buffer
zone as shown on the plan attached hereto as Exhibit C be
permitted. Accordingly, the petitioner wishes to amend the
present zoning conditions to permit the setback line and
vegetation buffer on that portion of the property adjoining
Block 2, Section B and Block 2, Section C "West Court" to be
as follows:
(a)
retained along
(b)
one-story units
any units
property
A vegetation buffer of thirty feet will be
the aforesaid property line.
A 45-foot setback will be maintained on any
adjoining the above property line.
(c) A 60-foot setback shall be maintained for
exceeding one story in height adjoining the above
line.
(d) Any plantings made by Developer within the
setback or vegetative buffered area which die within two
years from issuance of a certificate of occupancy on the
adjoining unit shall be replaced by Developer.
~STERHDUDT, FERGUSDN
NATT, AHERDN ~ ABEE
ATT~RNEY~-AT-LAW
RQANDKE, VIRGINIA
(4) Attached as Exhibit D are the names and
addresses of the owner or owners of all property immediately
adjacent to or immediately across a street or road from the
property which is the subject of this petition.
WHEREFORE, the petitioner requests that the con-
ditions proffered in connection with and made a part of
Ordinance Nos. 28385 and 28603 of this Council be changed as
set forth above, in accordance with the provisions of the
Zoning Ordinance of the City of Roanoke.
Dated: April 13, 1989.
Edward A. Natt, Esquire
Osterhoudt, Ferguson, Natt,
Aheron & Agee, P.C.
1919 Electric Road, S.W.
Roanoke, VA 24018
Counsel for Petitioner
Respectful ly submitted,
MUNGER DEVELOPMENT COMPANY,
a Virginia corporation
R4.n17.p
3
Office of the City Cleit~
March 24, 1989
Mr. Michael M. Waldvogel
Chairman
City Planning Commission
Roanoke, Virginia
Dear Mr. Waldvogel:
Pursuant to Section 36.1-690(e) of the Code of the City of
Roanoke (1979), as amended, I am enclosing copy of a second
amended petition from Mr. Edward A. Natt, Attorney, representing
Munger Development Company, a Virginia Corporation, proposing to
change the proffered conditions to rezone a tract of land con-
taining 12.37 acres, more or less, lying on the west side of
Grandin Road Extension, south of Airview Road, S. W.
MFP:ra
REZONE4
Eno.
pc:
Sincerely,
Mary F. Parker, CMC
City Clerk
Mr. Edward A. Natt, Attorney, 1919 Electric Road,
Roanoke, Virginia 24018
Mr. John R. Marlles, Agent/Secretary, City Planning
Commission
Mr. Ronald H. Miller, Zoning Administrator
Mr. Steven J. Talevi, Assistant City Attorney
Room 456 Municil:x:ll Building 2t5 C~urch Avenue, S W Roanoke Vkg~nia 2401 t (703) 98'~-2541
OSTERHOUDT, FERGUSON, NATT, AHERO~ ~ 2GEE
ROANOKE, VIRGINIA
March 22, 1989
Ms. Mary Parker, City Clerk
City of Roanoke
Room 44
Municipal Building
215 Church Avenue
Roanoke, Virginia 24011
Re ·
Munger Development
Dear Ms. Parker:
Enclosed please find a Second Amended Petition to
Rezone (to change proffered conditions) which I would appre-
ciate your filing on behalf of Munger Development Company.
I have made the changes which have been requested by the
Roanoke City Planning Department in the form of the peti-
tion.
I would appreciate your filing this with the
papers herein.
Thanking you very much for your cooperation, I am,
Very truly yours,
OSTERHOUDT, FERGUSON, NATT,
AHERON & AGEE, P.C.
Edward A. Natt
EAN/dle
Enclosure
Tom Tasselli
Roanoke City Planning Department
Room 355, Municipal Building
215 Church Avenue
Roanoke, Virginia 24011
Mr. Nicholas Munger
2514 Sharmar Drive
Roanoke, Virginia 24018
VIRGINIA:
IN THE COUNCIL OF THE CITY OF ROANOKE
IN RE:
Rezoning to change proffered
conditions for a tract of land
containing 12.37~ acres lying
on the west side of Grandin Road
Extension south of Airview Road
SECOND
AMENDED PETITION TO
REZONE (TO CHANGE
PROFFERED CONDITIONS)
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL
OF THE CITY OF ROANOKE:
(1) By Ordinance No. 28385, adopted by this
Council on October 20, 1986, the property which is the sub-
ject of this petition (originally identified by Official Tax
Nos. 5090203 and 5090204) was rezoned from RS-l, Single-
Family Residential District, to RG-I, General Residential
District, subject to certain conditions proffered by the
then petitioner, The Murchison Company. A copy of that
ordinance is attached hereto as Exhibit A.
(2) By Ordinance No. 28603, adopted by this
Council on April 20,
property were amended
utilize either of two
project was going to
project. A copy of
Exhibit B.
1987, the condi'tions relating to said
to provide that the developer could
site plans dependent upon whether the
be a condominium project or a townhome
said ordinance is attached hereto as
(3) That the present owner of the property and
the developer of the project is Munger Development Company,
a Virginia corporation, the petitioner herein.
(4) That subsequent to the adoption of said ordi-
nances, the petitioner has concluded that market conditions
require a different type of development than originally
anticipated; specifically that some one floor townhomes be
included in the development. That in order to accomplish
the same, it is necessary that a setback line and buffer
zone as shown on the plan attached hereto as Exhibit C be
permitted. Accordingly, the petitioner wishes to amend the
present zoning conditions to permit the setback line and
vegetation buffer of thirty feet on that portion of the
property adjoining Block 2, Section B and Block 2, Section C
"West Court" to be thirty (30) feet as shown on the attached
site plan to apply.
(a) That the setback line be established
shown on that plat prepared by Buford T. Lumsden &
as
Associates, a copy of which is attached to this petition as
Exhibit C.
(4) Attached as Exhibit D are the names and
addresses of the owner or owners of all property immediately
adjacent to or immediately across a street or road from the
property which is the subject of this petition.
WHEREFORE, the petitioner requests that the con-
ditions proffered in connection with and made a part of
2
Ordinance Nos. 28385 and 28603 of this Council be changed as
set forth above, in accordance with the provisions of the
Zoning Ordinance of the City of Roanoke.
Dated: March 22, 1989.
Edward A. Natt, Esquire
Osterhoudt, Ferguson, Natt,
Aheron & Agee, P.C.
1919 Electric Road, S.W.
Roanoke, VA 24018
Counsel for Petitioner
Respectfully submitted,
MUNGER DEVELOPMENT COMPANY,
a Virginia corporation
R4.nll.e
3
EXHIBIT D
ADJOINING PROPERTY OWNERS
*Ruth S. Slovensky
4731Wembley Place
Roanoke VA 24018
SW
*Margaret H. Thomasson
4727 Wembley Place SW
Roanoke VA 24018
*Mr. and Mrs. Michael Brammer
4729 Wembley Place SW
Roanoke VA 24018
*Mr. and Mrs. Donald McCray
4725 Wemb ey Place Sw
Roanoke VA 24018
*Mr. and Mrs. R. A. Oliver
4726 Wemb ey Place SW
Roanoke VA 24018
*William L. Cummings
4724 Wemb ey Place SW
Roanoke VA 240 8
*Mr. and Mrs. Charles T.
4722 Wemb ey Place SW
Roanoke VA 240 8
Finocchiaro
*Mr. and Mrs. Douglas Dixon
4720 Wemb ey Place SW
Roanoke VA 240 8
*Peggy J. Eller
4714 Wemb ey Place
Roanoke VA 240 8
SW
*Mr. and Mrs. Michael Kirby
4723 Wemb ey Place SW
Roanoke VA 240 8
*Steven E. Lacy
4721Wembley Place
Roanoke VA 240 8
SW
*Mary T. Wright
4719 Wembley Place
Roanoke, VA 240 8
SW
Tax Map Number
*Mr. and Mrs. Percy B.
4717 Wembley Place, SW
Roanoke, VA 24018
Mayo, Jr.
Beth K. Porter
P. O. Box 18109
Raleigh, NC 27619
Charlene G. Blevins
P. O. Box 780
Waterloo, IA 50704
Mr. and Mrs. Fred W.
4818 Norwood Street,
Roanoke, VA 24018
McEImurray
SW
Mr. and Mrs. Marion A.
4810 Norwood Street
Roanoke, VA 24018
Turner
Mr. and Mrs. John K. Shoemaker
P. O. Box 4226
ATTN: Re Est Tax Dept.
Fairfax, VA 22038
Doris H. Switzer
1915 Lytham Drive,
Roanoke, VA 24018
SW
Mr. and Mrs. William A. McBroom
4756 Norwood Street, SW
Roanoke, VA 24018
William J. Moody
P. O. Drawer F-20
Operations Center
Florence, SC 29503
Mr. and Mrs. Robert W. Gilsdorf
4740 Norwood Street, SW
Roanoke, VA 24018
Mr. and Mrs. Marvin A. Poff
4734 Norwood Street, SW
Roanoke, VA 24018
Mr. and Mrs. Walter William Tyree
P. O. Box 13888
RE Loan Dept.
Roanoke, VA 24038
2
Tax Map Number
5100713
5100714
5100715
5100716
5100717
5100801
5080401
5080402
5080403
5080404
5080405
Helen R. Reed
4716 Norwood Street,
Roanoke, VA 24018
SW
Mr. and Mrs. Timothy L. Strawn
2223 West Loop South - STE 600
Houston, TX 77027
Trent Development Company
1931Airview Road, SW
Roanoke, VA 24018
Mr. and Mrs. Luther J. Martin, Jr.
4818 Grandin Road Extension, SW
Roanoke, VA 24018
Elizabeth Logan
34 Townsend Street
Port Chester, NY 10573
Mr. and Mrs. Robert W. Smith
4706 Grandin Road Extension,
Roanoke, VA 24018
SW
Mr. and Mrs. William D. Coleman
P. O. Box 13274
Roanoke, VA 24032
Farrington Apartments
6660 Variel Avenue
Project LN TR-05
Canoga Park, CA 91303
of Roanoke
Atlantic Income Properties
230 Tryon Street, Suite 700
Charlotte, NC 28202
The Park-Oak Grove L P
P. O. Box 90
Roanoke, VA 24002
Ruth Martin York
4905 Woodmar Drive,
Roanoke, VA 24018
SW
*These are lots within Windsor Trails
purchased from the developer and are a
development.
3
Tax Map Number
5080406
5080407
5090217
5090219
5090221
5090101
5090102
5090103
5090104
5090124
5090201
5090206
5090205
5090215
Subdivision.
part of the
5090218
5090220
They were
townhomes
NOTICE OF PUBLIC HEARING BEFORE THE ROANOKE CITY PLANNING
COMMISSION
TO WHOM IT MAY CONCERN:
The Roanoke City Planning Commission will hold a public
hearing on Wednesday, April 5, 1989, at 1:30 p.m., or as soon
thereafter as the matter may be heard, in the City Council
Chamber, fourth floor, Municipal Building, in order to consider
the following:
Request from Munger Development Company, a Virginia
Corporation, represented by Edward A. Natt, attorney, that a
certain condition proffered in conjunction with a rezoning
on a parcel located on the west side of Grandin Road,
Extension, tax nos. 5090203 and 5090204, be amended.
A copy of said application is available for review in the
Office of Community Planning, Room 355, Municipal Building.
All parties in interest and citizens may appear on the above
date and be heard on the matter.
John R. Marlles, Agent/Secretary
Roanoke City Planning Commission
Please run in the morning edition on March 21, 1989.
Please run in the evening edition on March 28, 1989.
Please bill: Edward A. Natt
1919 Electric Road, SW
Roanoke, VA 24018
Please send an affidavit of publication to:
Office of Community Planning
Room 355, Muncipal Building
Roanoke, VA 24011
Or,ce of the City Clerk
March 15, 1989
Mr. Michael M. Waldvogel
Chairman
City Planning Commission
Roanoke, Virginia
Dear ~,~r. Waldvogel:
Pursuant to Section 36.1~690(e) of the Code of the City of
Roanoke (1979), as amended, I am. enclosing copy of an amended
petition from Mr. Edward A. Natt, Attorney, representing Munger
Development Company, a Virginia Corporation, proposing to change
the proffered conditions to rezone a tract of land containing
12.37 acres, more or less, lying on the west side of Grandin Road
Extension, south of Airview Road, S. W.
MFP:ra
REZONE4
Enc.
Sincerely,
Mary F. Parker, CMC
City Clerk
pc: Mr. Edward A. Natt, Attorney, 1919 Electric Road, S. W.,
Roanoke, Virginia 24018
Mr. John R. Marlles, Agent/Secretary, City Planning
Corr~ission
Mr. Ronald H. Miller, Zoning Administrator
Mr. Steven J. Talevi, Assistant City Attorney
Room 456 Munlcil:X~l Building 215 (~,urch Avenue SW P,~anoke Virgtnia 24~11 (703) 981-2541
VIRGINIA:
IN THE COUNCIL OF THE CITY OF ROANOKE c~
I N RE: ) ~:,!~
Rezoning to change proffered ) .~ENDED PETITION TO
conditions for a tract of land ) REZONE {TO CIq~
containing 12.37+ acres lying ) PROFFERED CONDIT~t~)NS).':i
on the west side of Grandin Road) ,::::~
Extension south of Airview Road )
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL
OF THE CITY OF ROANOKE:
(1) By~_Ordinance No, 28385, adopted by this
Council on ~Etober 20, 1986, the property which is the sub-
ject of this petition (originally identified by Official Tax
Nos, 5090203 and 5090204) was rezoned from RS-l, Single-
Family Residential District, to RG-1, General Residential
District, subject to certain conditions proffered by the
then petitioner, The Murchison Company, A copy of that
ordinance is attached hereto as Exhibit A,
(2) By Ordinance No, 28603, adopted by this
Council on April 20, 1987, the conditions relating to said
property were amended to provide that the developer could
utilize either of two site plans dependent upon whether the
project was going to be a condominium project or a townhome
project. A copy of said ordinance is attached hereto as
Exhibit B.
(3} That the present owner of the property and
the developer of the project is Munger Development Company,
a Virginia corporation, the petitioner herein.
(4} That subsequent to the adoption of said ordi-
nances, the petitioner has concluded that market conditions
require a different type of development than originally
anticipated; specifically that some one floor townhomes be
included in the development. That in order to accomplish
the same, it is necessary that a setback line and buffer
zone as shown on '~he plan attached hereto as Exhibit C be
permitted. Accordingly, the petitioner wishes to amend the
present zoning conditions to permit the setback line as
shown on the attached site plan to apply.
(a) That the setback line be established as
shown on that plat prepared by Buford T. Lumsden &
Associates, a
Exhibit C.
(4)
copy of which
is attached to this petition as
Attached as Exhibit D are the names and
addresses of the owner or owners of all property immediately
adjacent to or immediately across a street or road from the
property which is the subject of this petition.
WHEREFORE, the petitioner requests that the con-
ditions proffered in connection with and made a part of
Ordinance Nos. 28385 and 28603 of this Council be changed as
set forth above, in accordance with the provisions of the
Zoning Ordinance of the City of Roanoke.
Dated: March 6, 1989.
Edward A. Natt, Esquire
Osterhoudt, Ferguson, Natt,
Aheron $ Agee, P.C.
1919 Electric Road, S.W.
Roanoke, VA 24018
Counsel for Pet~-tioner
R4.n11.e
Respectfully submitted,
MUNGER DEVELOFMENT COMPANY,
a Virginia corporation
Of Counse I ........
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of October, 1986.
No. 28385.
AN ORDINANCE to amend 6636-3 and 36-4, Code of the City of
Roanoke (1979), as amended, and Sheet No. 509, Sectional 1976
Zone Map, City of Roanoke, to rezone certain property within the
City, subject to certain conditions proffered by the applicant.
WHEREAS.
of Roanoke
from RS-l,
Residential
application has been made to the Council of the City
to have the ~ereinafter described property rezoned
Single Famiiy Residential District, to RG-1, General
District, subject to certain conditions proffered by
the applicant; and
WHEREAS, the City Planning Commission, which after giving
proper notice to all concerned as required by 636-541, Code of
the City of Roanoke (1979), as amended and after conducting a
public hearing on the matter, has
Council; and
WHEREAS, a public hearing was held on
City Council at its meeting on October 13,
made its recommendation to
said application by the
1986, after due and
timely notice thereof as required by 536-541, Code of the City of
Roanoke (1979), as amended, at which hearing all parties in
interest and citizens were given an opportunity to be heard, both
for and against the proposed rezoning; and
WHEREAS, this Council, after considering the aforesaid appli-
cation, the recor~nendation 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.
THEREFORE. BE IT ORDAINED by the Couneil of the City of Roanoke
that S§36-3 and 36-4, Code of
amended, and Sheet No. 509 of
of Roanoke, be amended in the
the City of Roanoke (1979), as
the Sectional 1976 Zone Map, City
following partieular and no other:
Property described as a tract of land on the westerly side of
Grandin Road Extension south of Airview Road. containing 12.37
acres, more or less, designated on Sheet No. 509 of the Sectional
1976 Zone Map, City of Koanoke,
5090204 and 5090203 (said tract
these two parcels consisting of
Road, varying in depth from 200
as a portion of Official Tax Nos.
does not include a portion of
2.1 acres fronting on Airview
feet, more or less, on its
westerly boundary to 100 feet, more or less, on its frontage with
Grandin Road Extension, which portion is to remain RS-I, Single
Family Residential District), be, and is hereby rezoned from
RS-l, Single Family Residential Disirict, to RG-1, General
Residential District, subject to those conditions proffered by
and set forth in the petitioner's Second Amended Petition to
Rezone filed with the City Clerk on August 25, 1986, and that
Sheet No. 509 of the Zone Map be changed in this respect.
BE IT FURTHER ORDAINED that this ordinance shall not take
effect until the applicant shall have filed with the City Clerk a
fully executed Conditional Zoning Performance Bond, pursuant to
§36-55(a)(3), Code of the City of Roanoke (1979), as amended, in
the total amount of $65,000. conditioned upon the completion of
those physical improvements to the rezoned property proffered by
the applieant and speeified and deseribed in a report dated
Oetober'10, 1986, of the Zoning Administrator to the Offiee of
City Planning, a eopy of which has been filed with the City
Clerk.
ATTEST:
City Clerk.
IN"DIE COUNCIL OF THE CITY OF ROANOKE,
The 20th day of Apr/l, 1987.
No. 28603.
VIRGINIA,
AN ORDINANCE to amend SS36-3 and 36-4, Code of the City of
Roanoke (1919), as amended, and Sheet No. 509, Sectional 1916
Zone Map, City of Roanoke, to rezone certain property within the
City, subject to certain conditions proffered by the applicant;
and to repeal Ordinance No. 28385.
WHEREAS, application has B-een made to the Council of the City
of Roanoke to have the hereinafter described property rezoned
from PS-i, Single Family Residential District, to RG-1, General
Residential District, subject to certain conditions proffered by
the applicant; and
WHEREAS, by Ordinance No. 28385, adopted October 20, 1986,
Council approved the rezoning of the hereinafter described pro-
perty to RO-1, General Residential District, subject to certain
conditions proffered by the applicant, but this Ordinance has
not yet become effective by virtue of the fact that the required
Conditional Zoning Performance Bond has not been filed with the
City Clerk; and
WHEREAS, the
proper notice to
the City of Roanoke (1979), as amended
public hearing on the matter, has made
Council; and
City Planning Commission, which after giving
all concerned as required by 936-541, Code of
and after co.nducting a
its recommendation to
WHEREAS, a public hearing was held on Said application by the
City Council at its meeting on April 13, 1967. after due and
timely notice thereol as required by 136-541, Code of the City of
Roanoke (1979), aa amended, at which hearing all psrties in
interest and citizens were given an opportunity to be heard, both
for and against the proposed rezoning; and
WHEREAS, this Council, after considering the aforesaid appli-
cation, the reoou~uendation 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.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that 1636-3 and 36-4, Code of the City of Roanoke (1979), as
amended, and Sheet No.
of Roanoke, be amended
Property described
Grandin Road Extension
509 of the Sectional 1976 Zone ~p, City
in the following particular and no other:
as a tract of land on the westerly side of
south of Atrview Road, containing 12.37
acres, more or less, designated on Sheet No. 509 of the Sectional
1976 Zone Map, City of Roanoke, as a portion of Official Tax Nos.
5090204 and 5090203 (said tract does not include a portion of
these two parcels consisting of 2.1 soles fronting on Airview
Road, Varying in depth from 200 feet, more or less, on its
~esterly boundary to 100 feet, more or less, on its frontage with
3randin Road Extension, which portion is to remain RS-l, Single
Family Residential District). be, and is hereby ~ezoned from
~S-1, Single Family Residential District, to RG-1, General
Residential District, subject to those conditions proffered by
and set forth in the pe,titioner's Amended Petition to Rezone
(To Change'Proffered Conditions) filed with the City Clerk on
February 17, 1987, and that Sheet No. 509 of the Zone Map be
changed in this respect.
BE IT FURTHER ORDAINED that this ordinance shall not take
effect until the applicant shall have filed With the City Clerk a
fully exqcuted Conditional Zoning Performance Bond, pursuant to
S36-55(a)(3), Code of the City of Roanoke (1979), as amended, in
the total amount of $65,000, conditioned upon the completion of
those physical improve~e.nts ~ the rezoned property Proffered by
the applicant and specified and described in a report dated
October 10, 1986, of the Zoning Administrator to the Office of
City Planning, a copy of which has been filed with the City
Clerk.
BE IT FURTHER ORDAINED that Ordinance 28385, adopted October
20, 1986, be and it is hereby REPEALED.
ATTEST
City Clerk.
'Si
ii ii
I
EXHIBIT D
ADJOINING PROPERTY OWNERS
Ruth S. Slovensky
4731Wembley Place,
Roanoke, VA 24018
SW
Margaret H. Thomasson
4727 Wembley Place, SW
Roanoke, VA 24018
Mr. and Mrs. Michael Brammer
4729 Wembley Place, SW
Roanoke, VA 24018
Mr. and Mrs. Donald McCray
4725 Wembley Place, Sw
Roanoke, VA 24018
Mr. and Mrs~R. A. Oliver
4726 Wembley Place, SW
Roanoke, VA 24018
William L. Cummings
4724 Wembley Place,
Roanoke, VA 24018
SW
Mr. and Mrs. Charles T.
4722 Wembley Place, SW
Roanoke, VA 24018
Finocchiaro
Mr. and Mrs. Douglas Dixon
4720 Wembley Place, SW
Roanoke, VA 24018
Peggy J. Eller
4714 Wembley Place,
Roanoke, VA 24018
SW
Mr. and Mrs. Michael Kirby
4723 Wembley Place, SW
Roanoke, VA 24018
Steven E. Lacy
4721Wembley Place,
Roanoke, VA 24018
SW
Mary T. Wright
4719 Wembley Place, SW
Roanoke, VA 24018
OSTERHDUDT, FERGUSDN
NATT, AHERQN & AGEE
ATTDRN£YS-AT-LAW
Mr. and Mrs. Percy B. Mayo,
4717 Wembley Place, SW
Roanoke, VA 24018
Jr.
Beth K. Porter
P. O. Box 18109
Raleigh, NC 27619
Charlene G. Blevins
P. O. Box 780
Waterloo, IA 50704
Mr. and Mrs. Fred W.
4818 Norwood Street,
Roanoke, VA 24018
McEImurray
SW
Mr. and Mrs. Marion A. Turner
4810 Norwood Street
Roanoke, VA 24018'
Mr. and Mrs. John K. Shoemaker
P. O. Box 4226
ATTN: Re Est Tax Dept.
Fairfax, VA 22038
Doris H. Switzer
1915 Lytham Drive, SW
Roanoke, VA 24018
Mr. and Mrs. William A. McBroom
4756 Norwood Street, SW
Roanoke, VA 24018
William J. Moody
P. O. Drawer F-20
Operations Center
Florence, SC 29503
Mr. and'Mrs. Robert W. Gilsdorf
4740 Norwood Street, SW
Roanoke, VA 24018
Mr. and Mrs. Marvin A. Poff
4734 Norwood Street, SW
Roanoke, VA 24018
Mr. and Mrs. Walter William Tyree
P. O. Box 13888
RE Loan Dept.
Roanoke, VA 24038
0ST[RHDUDT, FERGUSDN
NATT, AHERQN & AGE[
ATTORNEYS-AT-LAW
RDAN~K[, VIRGINIA
Helen R. Reed
4716 Norwood Street,
Roanoke, VA 24018
SW
Mr. and Mrs. Timothy L. Strawn
2223 West Loop South - STE 600
Houston, TX 77027
Trent Development Company
1931Airview Road, SW
Roanoke, VA 24018
Mr. and Mrs. Luther J. Martin, Jr.
4818 Grandin Road Extension, SW
Roanoke, VA 24018
Elizabeth Logan
34 Townsend Stree~
Port Chester.,. NY 10573
Mr. and Mrs. Robert W. Smith
4706 Grandin Road Extension,
Roanoke, VA 24018
SW
Mr. and Mrs. William D. Coleman
P. O. Box 13274
Roanoke, VA 24032
Farrington Apartments of Roanoke
6660 Variel Avenue
Project LN TR-05
Canoga Park, CA 91303
Atlantic Income Properties
230 Tryon Street, Suite 700
Charlotte, NC 28202
The Park-Oak Grove
P. O. Box 90
Roanoke, VA 24002
L P
Ruth Martin York
4905 Woodmar Drive,
Roanoke, VA 24018
SW
~. ~t~' CITY CLEPJ( OF THE CITY OF ROANOKE, VIRGINIA
~9 ~quest from Munger Development Company, a Virginia )
corporation, represented by Edward A. Natt, attorney,)
that a certain conditions proffered in conjunction )
with the rezoning on a parcel located on the west )
side of Grandin Road Extension, tax nos. 5090203 and )
5090204, be amended. )
CO~ONWEALTH OF VIRGINIA )
) TO-WIT:
CITY OF ROANOKE )
The affiant, Martha Pace Franklin, first being duly sworn, states
that she is secretary to the Secretary of the city of Roanoke Planning
Commission, and as such is competent to make this affidavit of her own
personal knowledge. Affidavit states that, pursuant to the provisions
of ~15.1-341) Code of Virginia (1950), as araended, on behalf of the
Planning commission of the City of Roanoke she has sent by first-class
mail on the 27th day of March, 1989, notices of a public heaing to be
held on the 5th day of April, 1989, on the petition captioned above to
the owner or agent of the parcels listed below at their last known
PARCEL OWNERr AGENT OR OCCUPANT ADDRESS
5090241 Ruth S. Slovensky 4731 Wembley Place, SW
Roanoke, VA 24018
5090243 Margaret H. Thomasson 4727 Wembley Place, SW
Roanoke, VA 24018
5090242 Mr. & Mrs. Michael Brammer 4729 Wembley Place, SW
Roanoke, VA 24018
5090244 Mr & Mrs. Donald McCray 4725 Wembley Place, SW
Roanoke, VA 24018
5090228 Mr. & Mrs. R. A. Oliver 4726 Wembley Place, SW
Roanoke, VA 24018
5090229 William L. Cummings 5118 Greenfield Street
Roanoke, VA 24018
5090230 Mr. & Mrs. C. T. Finocchiaro 4718 Wembley Place, SW
Roanoke, VA 24018
5090231 Mr. & Mrs. Douglas Dixon 4720 Wembley Place, SW
Roanoke, VA 24018
5090234 Peggy J. Eller 4714 Wembley Place, SW
Roanoke, VA 24018
5090245 Mr. & Mrs. Michael Kirby 4723 Wembley Place, SW
Roanoke, VA 24018
5090246 Steven J. Lacy 4721 Wembley Place, SW
Roanoke, VA 24018
5090247
5100713
5100714
51O0715
5100716
5100717
5100801
5090401
5090402
5080403
5080404
5090405
5080406
5080407
5090217-
5090221
5090101
5090102
5090103
5090104
5090124
5090201
5090206
5090205
Mary T. Wright
Mr. & Mrs. Percy B. Mayo, Jr.
Beth K. Porter
Charlene G. Blevins
Mr. & Mrs. Fred W. McElmurray
Mr. & Mrs. Marion A. Turner
Mr. & Mrs. John K. Shoemaker
Doris H. Switzer
Mr. & Mrs. William A. McBroom
William J. Moody
Mr. & Mrs. Robert W. Gilsdorf
Mr. & Mrs. Marvin A. Poff
Mr. & Mrs. Walter W. Tyree
Helen R. Reed
Mr. & Mrs. Timothy L. Strawn
Trent Development Company
Mr. & Mrs. Luther J. Martin
Elizabeth Logan
c/o Virginia C. Logan
Mr. & Mrs. Robert W. Smith
Mr. & Mrs. William D. Coleman
Farrington Apartments of Rke.
c/o Gene B. Glick
Atlantic Income Properties
Suite 700
The Park-Oak Grove LP
c/o Olin Melchionna
4719 Wembley Place, SW
Roanoke, VA 24018
4717 Wembley Place, SW
Roanoke, VA 24018
1910 Lytham Drive
Roanoke, VA 24018
1916 Lytham Drive
Roanoke, VA 24018
4818 Norwood Street
Roanoke, VA 24018
4810 Norwood Street
Roanoke, VA 24018
4806 Norwood Street
Roanoke, VA 24018
1915 Lytham Drive, SW
Roanoke, VA 24018
4756 Norwood Street
Roanoke, VA 24018
4748 Norwood Street
Roanoke, VA 24018
4740 Norwood Street
Roanoke, VA 24018
4734 Norwood Street
Roanoke, VA 24018
4724 Norwood Street
Roanoke, VA 24018
4716 Norwood Street
Roanoke, VA 24018
4710 Norwood Street
Roanoke, VA 24018
1931 Airview Road
Roanoke, VA 24018
4818 Grandin Road Ext.
Roanoke, VA 24018
34 Townsend Street
Port Chester, NY
4706 Grandin Road Ext.
Roanoke, VA 24018
P. O. Box 13274
Roanoke, VA 24032
P. O. Bxo 40177
Indianapolis, IN
230 Tryon Street
Charlotte, NC 28202
P. O. Box 90
Roanoke, VA 24002
5090215 Ruth Martin York 4905 Woodmar Drive
Roanoke, VA 24018
Martha ~ace Franklin
SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of
Roanoke, Virginia, this 27th day of March, 1989.
Notary Public
My Co~mmission Expires:
Office of t~e City Cted,
May 17, 1989
File #2
Mr. Roland Macher
Relish Realty
120 West Church Avenue
Roanoke, Virginia 24011
Dear ~r. Macher:
I am enclosing copy of Ordinance No. 29565 authorizing acquisi-
tion of certain real property located in the City of Roanoke for
the purpose of constructing a public parking facility and other
improvements; authorizing the City Manager to take appropriate
action for purchase of the property; and authorizing the City's
acquisition of certain property by condemnation, under certain
circumstances, which Ordinance No. 29565 was adopted by the
Council of the City of Roanoke at a regular meeting held on
Monday, May 15, 1989.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP: ra
Enc.
pc:
Mr. W. Robert Herbert, City Manager
Mr. Wilburn C. Dibling, Jr., City Attorney
Mr. William F. Clark, Director of Public Works
Mr. Charles M. Huffine~ City Engineer
Mr. Kit Bo Kiser, Director of Utilities and Operations
Mr. Barry L. Key, Manager, Management and Budget
Room 456 Municit:x:ll Building 2t5 Church Avenue SW R4~noke. V~rg~nia 240~ t (703) 981-254t
IN THE COUNCIL OF THE CITY OF ROANOKE,
The 15th day of May, 1989.
No. 29565.
VIRGINIA,
AN ORDINANCE authorizing acquisition of certain real property
located in the City of Roanoke for the purpose of constructing a
public parking facility and other improvements; authorizing the
City Manager to take appropriate action for purchase of the pro-
perty; authorizing the City's acquisition of certain property by
condemnation, under certain circumstances; and providing for an
emergency.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. The City Manager is authorized to execute, in form
approved by the City Attorney, for the cost of $3,000.00, an
option for the City to purchase Roanoke City Official Tax Nos.
4010112 and 4010113 and thereafter, if he deems appropriate and
in accordance with the terms and conditions contained therein,
take appropriate actions and execute the necessary documentation
to execute said option for the purchase price of $155,000.00, as
more particularly set forth in the report to this Council dated
May 15, 1989.
2. For the construction of a public parking facility and
plaza, the City wants and needs fee simple title, with appur-
tenant rights, to the following described property owned by
Relish Realty, a Virginia partnership, or the current owner: all
that certain real estate conveyed to Relish Realty by deed dated
March 21, 1989, of record in Roanoke City Deed Book 1599, at page
1450, a copy of which is on file in the Office of the City Clerk,
and as set forth in the report to this Council dated May 15,
1989, and identified as Roanoke City Official Tax No. 4010116.
The proper City officials are authorized to acquire this land for
the City for the amount of the final appraised value, the amount
negotiated by the City administration and the landowner, the
exchange of similar City-owned property, or the amount of any
condemnation award.
3. A public necessity and use exists for the acquisition of
said property and immediate acquisition by purchase or condem-
nation is necessary and expedient.
4. The City Manager is authorized to contract with said
landowners on behalf of the City for purchase of such properties
for amounts or property exchanges deemed appropriate. Upon
acceptance of any offer and upon delivery to the City of a deed,
approved as to form by the City Attorney, the ~ayor and City
Clerk are authorized to execute and attest, respectively, any
appropriate deed of exchange and the Director of Finance is
directed to pay the agreed upon amount to the owners of the
interests conveyed, certified by the City Attorney to be entitled
to the same.
5. Should the City be unable to agree with the owners of
any real estate to be acquired as to the compensation to be paid
or other terms of purchase or settlement, or should the owner be
a person under disability lacking capacity to convey real estate
or should the whereabouts of the owner be unknown, the City
Attorney, as well as the City Manager, Mayor, and Director of
Finance shall be authorized and directed to take any and all
action necessary in connection with condemnation or legal pro-
ceedings to acquire for the City the appropriate real estate.
6. The City Clerk is directed to mail a copy of this ordi-
nance to Relish Realty, a Virginia partnership.
7. In order to provide for the usual daily operation of the
municipal government, an emergency is deemed to exist, and this
ordinance shall be in full force and effect upon its passage.
ATTEST:
City Clerk.