HomeMy WebLinkAboutCouncil Actions 01-17-89REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL
January 17, 1989
2:00 p.m.
AGENDA FOR THE COUNCIL
FiZz.
(294251
Call to Order -- Roll Call. Mrs. Bowles was absent.
The invocation will be delivered by The Reverend Philip R.
Thomas, Pastor, King's Memorial Church. Present.
The Pledge of Allegiance to the Flag of the United States
of America will be led by Mayor Noel C. Taylor.
C-1
C-2
CONSENT AGENDA (Approved 6-0)
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED
TO BE ROUTINE BY THE CITY COUNCIL AND WILL BE ENACTED BY ONE
MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DIS-
CUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL
BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY.
A corrgnunication from Mrs. Ruth C. Armstrong, Secretary,
Board of Zoning Appeals, transmitting the Annual Report of the
Board for the year 1988.
RECOMMENDED ACTION: Receive and file.
Qualification of Mr. James L. Phillips as a member of the
City of Roanoke Transportation Saf~y Corrgnission for a term of
four years, ending October 31, 1992.!~ ~
RECOMMENDED ACTION: Receive and file.
REGULAR AGENDA
Hearing of Citizens Upon Public Matters:
Petitions and Corr~unications: None.
Reports of Officers:
a.
None,
City Manager:
Briefings: None.
Items Recommended
for Action:
A report with regard to appropriation of Capital Main-
tenance and Equipment Replacement Program funds for Law
Enforcement Accreditation. Adopted Ordinance No. 29425.
2. A report recommending execution of an agreement with
Appalachian Power Company to provide electric service
to the sanitary sewer pump station on Chip Drive,
N.E., in the amount of $22,656.00; and execution of
Change Order No. 2, in the amount of $9,291.00, to the
contract with E. C. Pace Company, Inc., for construc-
tion of Chip Drive, ~. E. Adopted Ordinance No. 29426
and Ordinance No. 29427. (6-0)
3. A report concurring in a report of the Rid Committee
recommending acceptance of the bid submitted by Utility
Line Equipment, Inc., in the amount of $15,662.00, to
make necessary repairs to an existing aerial boom and
bucket. Adopted Ordinance No. 29428. 16-01
4. A report concurring in a report of the Bid Committee
recommending acceptance of the bid submitted by Syndor
Industrial Services, Inc., in the total amount of
$14,106.00, for one new Power Sweeping Machine for the
Municipal Parking Garage. Adopted Ordinance No. 29429
and Ordinance No. 29430.
City Attorney:
1. A report transmitting a Resolution requesting the 1989
Session of the General Assembly to enact an amendment
to the Code of Virginia prohibiting certain discrimina-
tion by large private clubs on a statewide basis.
Adopted Resolution No. 29431. (6-0)
Reports of Corr~aittees:
A report of the Committee appointed to tabulate bids
received for an elevator for handicapped persons and
related uses at the Roanoke Civic Center Auditorium, 710
Williamson Road, N. E. Council Member Robert A. Garland,
Chairman. Adopted Resolution No. 29432. (6-0)
Unfinished Business: None.
Introduction and Consideration of Ordinances and Resolutions:
Ce
Ordinance No. 29414, on second reading, rezoning a 0.75
acre tract of land located at the southeast intersection of
Peters Creek Road and Lewiston Street, N. W., designated as
Official Tax No. 6421133, from RS-l, Residential Single
Family District, to C-1, Office District, subject to cer-
tain proffered conditions. Adopted Ordinance No. 29414.
I6-01
Ordinance No. 29415, on second reading, rezoning a 0.337
acre tract of land located on the southerly side of Peters
Creek Road, N. W., designated as Official Tax No. 6421134,
from RS-l, Residential Single Family District, to C-1,
Office District, subject to certain proffered conditions.
Adopted Urdinance No. 29415. {6-0)
Ordinance No. 29416, on second reading, rezoning a tract
of land located on Hemlock Road, N. W., containing 6.76
acres, more or less, designated as Official Tax No.
6040504, from RS-2, Residential Single Family District,
to RM-3, Residential Multi-Family, High Density District,
subject to certain proffered conditions. Adopted Ordinance
No. 29416. ~6-0)
Motions and ~iscellaneous Business:
Inquiries and/or comments by the ~ayor and members of City
Council.
10.
Vacancies on various authorities,
committees appointed by Council.
Other Hearings of Citizens:
boards, commissions and
Mr. Trout made a statement with regard to strengthening the relationship
between the City of Roanoke and Virginia Tech, and the need to develop
a stronger concept of marketing the Municipal approach.
(3)
Office of t~e City Cler~
January 20, 1989
File ~51-I09
Mrs. Ruth C. Armstrong,
Board of Zoning Appeals
Roanoke, Virginia
Secretary
Dear Mrs. Armstrong:
Your communication
Zoning Appeals for
City of Roanoke at
1989.
transmitting the Annual Report of the Board of
the year 1988, was before the Council of the
a regular meeting held on Tuesday, January 17,
On motion, duly seconded and adopted, the annual report was
received and filed.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:fa
Room 456 Municipal Building 215 Church Avenue SW Roanoke Virginia 24011 (703) 981-254'~
CITY OF ROANOKE
INTERDEPARTMENT COMMUNICATION
Date:
To:
From:
Subject:
January 9, 1989
Mary Parker, City Clerk
Ruth C. Armstrong, Secretary
Board of Zoning Appeals
Annual Report
Attached hereto, for information of City Council, are
copies of the Annual Report for the Board of Zoning
Appeals for the year 1988.
RA
Attachments
BOARD OF ZONING APPEALS
ROANOKE, VIRGINIA
ANNUAL REPORT
1988
The Annual Report for the Board of Zoning Appeals for
the year 1988 is submitted herewith.
PERSONNEL OF BOARD
The following served as members of the Board.
Mr. L. Elwood Norris, Chairman
Mr. T. E. Roberts, Vice Chairman
Mr. W. L. Wheaton
Mr. Glynn D. Barranger
Mr. Richard A. Rife
MEETINGS AND PUBLIC HEARINGS
The Board held twelve meetings during the year for the
purpose of conducting business of the Board and holding
public hearings to decide appeals from the decision of
the Zoning Administrator and applications for special
exceptions.
One hundred and eleven applications were filed with the
Board during the year.
In accordance with State law, public hearings were
advertised in a localnewspaper once a week for two
successive weeks not less than six days nor more than
twenty-one days prior to the public hearing date.
Notices of public hearings were sent by first-class mail
to owners of all abutting properties and properties
immediately across the street or road from any property
in question.
ATTENDANCE RECORDS FOR BOARD MEMBERS
MEMBER
MEETINGS ATTENDED
MEETINGS ABSENT
L. Elwood Norris 12 0
T. E. Roberts 12 0
W. L. Wheaton 10 2
Glynn D. Barranger 10 2
Richard A. Rife 11 1
DISPOSITION OF APPEALS
Requests Granted .
99
Requests Denied
6
Requests Withdrawn .
4
Requests Continued .
1
Ruled Permitted Use
1
111
Annual Report - Board of Zoning Appeals
December 30, 1988
APPEALS TO COURT OF RECORD
Re:
Noel C. Taylor, Mayor, James G. Harvey, II, Vice
Mayor, David A. Bowers, Elizabeth T. Bowles, Robert
A. Garland, Howard E. Musser and James O. Trout,
Constituting the Members of the Council for the
City of Roanoke; and W. Robert Herbert, City
Manager and AGent for the City of Roanoke,
Appellants
vs.
Shaw and Cannon Company and the Board of Zoning
Appeals of the City of Roanoke, Appellees
On September 23, 1988, the Supreme Court of Virginia
entered an Order ruling that the intent of the City's
zoning regulations was to prohibit mobile home parks in
light manfacturing districts and reversing Circuit Court
Judge Trabue's ruling which upheld the Board's decision
allowing such use in the appeal of Shaw and Cannon
Company.
Re: Carl V. and Mageline R. Woodie
vs.
Board of Zoning Appeals of the City of Roanoke
In this case the Board denied the request of the
applicant for a special exception to permit a change in
the use of a property owned by them at 1003 Tazewell
Avenue, S. W., from an existing nonconforming use to
that of a building/concrete contractor's operation with
associated storage, pursuant to the provisions of
36.1-596, Code of the City of Roanoke (1979), as
amended.
After considering the record filed with the Circuit
Court of the Board's proceedings and additional evidence
and argument by counsel, the Court ruled that the
decision of the Board of Zoning Appeals with respect to
denying the special exception was properly made upon the
record before it, that the Board's decision was neither
arbitrary nor capricious, and that the petitioners
failed to establish that the proposed use of their
property was of a nature more in keeping with the
character of the district than the use from which the
change was proposed to be made, as required by 36.1-596.
For these reasons, the Court affirmed the Board's action
in denial of the request for a special exception.
Respectfully submitted,
Ruth C. Armstrong
Secretary
Office of t'ne City Cle~
January 20, 1989
File #15-20
~lr. Robert K. Bengtson, Chairman
City of Roanoke
Transportation Safety Commission
Roanoke, Virginia
Dear Mr. Bengtson:
This is to advise you that Mr. James L. Phillips has qualified as
a member of the City of Roanoke Transportation Safety Corr~nission
for a term of four years, ending October 31, 1992.
Sincerely,
SHE:fa
Sandra H. Eakin
Deputy City Clerk
Room 456 Municipol Building 2t5 C~urch Avenue S W R~nake, ~rcj~nia 24011 (703) 981-2541
0-2
Oath or Affirmation of Office
State o] Virginia, (litg o! Roanoke, to .~vit:
I, James L. i~hilli~s
· do solemnly ~wear (or ~rm)
I w~l sup~rt the Constitution of the Unit~ States, and the Constitution of the State of Virginia, ~nd
I w~l faithfully and impa~ially discharge and ~rform all the duties incumbent u~n me a~
a ~.e~$er ~f the Ci'~,' o~ koanoke ~ran~n~rtativ,~ Safety Coc;:~ission for a te~
flour ,~ears, ending- ~]ctober ~
- ~ c,~, 1992.
according to the best of my ability. So help me God.
Subscribed and sworn to before lne, this__
Deputy Clerk
C~ce of "he City Clem
January 20, 1989
File #60-270-$
Mr. Joel H. Schlanger
Director of Finance
Roanoke, Virginia
Dear Mr. Schlanger:
I am attaching copy of Ordinance No. 29425, amending and reor-
daining certain sections of the 1988-89 General Fund
Appropriations, by appropriating $12,825.00 from the Capital
Maintenance and Eouipment Replacement Program to the Police
Department budget, to provide for the Law Enforcement
Accreditation application for the Roanoke City Police Department,
which Ordinance No. 29425 was adopted by the Council of the City
of Roanoke at a regular meeting held on Tuesday, January 17,
1989.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:fa
Enco
pc:
Mr. W. Robert Herbert, City Manager
Mr. George C. Snead, Jr., Director of Administration and
Public Safety
Mr. M. David Hooper, Chief of Police
Room 456 Municipal Building 2t 5 C~urch A'~'~ue SW Roanoke, Virginia 24011 (7C)3) 98%2541
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 17th day of January, 1989.
No. 29425.
AN ORDINANCE to amend and reordain certain sections of
the 1988-89 General Fund Appropriations, and providing for an
emergency.
WHEREAS, for
Government of the
exist.
THEREFORE, BE
the usual daily operation of the Municipal
City of Roanoke, an emergency is declared to
IT ORDAINED by
Roanoke that certain sections of the
Appropriations, be, and the same are
reordained to read as follows, in part:
the Council of the City of
1988-89 General Fund
hereby, amended and
Appropriations
Public Safety
Police Administration (1) ..........................
$23,664,098
123,661
Fund Balance
Reserved CMERP - City (2) ..........................
1) Fees for Prof.
Services (001-050-3111-2010) $ 12,825
2) Reserved CMERP -
City (001-3323) (12,825)
$ 2,862,893
BE IT FURTHER ORDAINED that, an emergency existing, this
Ordinance shall be in effect from its passage.
ATTEST:
City Clerk.
Roanoke, Virginia
January 17, 1989
Honorable Mayor and City Council
Roanoke, Virginia
Dear Members of City Council:
SUBJECT:
Appropriation of Capital
Maintenance and Equipment
Replacement Program Funds for
Law Enforcement Accreditation
I. Background
1960s Presidents Report, titled "Crime In A
Free Society", referenced the need for
National Standards for Law Enforcement
Agencies.
1979, the Law Enforcement Assistance
Administration (LEAA) provided Funds to
the International Association of Chiefs of
Police, (IACP), National Association of Black
Law Enforcement Officers (NOBLE), National
Sheriffs Association (NSA) and Police
Executive Research Forum (PERF) to proceed
with the development of a commission for
accreditation of Law Enforcement Agencies.
Law Enforcement Accreditation is a process
that provides state and local law enforcement
agencies the opportunity to voluntarily
demonstrate that they meet an established set
of law enforcement standards, through
periodic evaluations conducted by an
independent, nongovernmental body.
The Commission on Accreditation for Law
Enforcement Agencies is the only known source
available to provide this accreditation
service.
November 28, 1988, Council designated Funds
in the Capital Maintenance and Equipment
Replacement Program to provide for Police
Department application for accreditation.
Police Department is and has been preparing
for this stage of the process over the past
thirty-six (36) months.
II. Current Situation
III.
IV.
Accreditation Fees are based on the number of
full time employees in a police agency.
Payment Fee schedule fixes Roanoke's cost at
$12,825 until February 1, 1989, when it
increases to $13,775.
Be
Currently there are eleven (11) Law
Enforcement Agencies in the Commonwealth of
Virginia that have received accreditation.
Those agencies are shown on "Attachment A".
Issues
A. Benefits of Accreditation
B. Timeliness
C. Fund Availability
Alternatives
ae
Council appropriate $12,825.00 to provide for
the Accreditation application for the Roanoke
City Police Department.
Benefits of Accreditation - The
improvements and or deficencies
corrected as a result of accreditation
may have a positive affect on reducing
the risk of successful litigation
against the City. This program,
when complete, will also increase the
potential to secure adequate insurance
coverage for law enforcement services at
perferred rates. Also Economic
Development may be enhanced by the direct
impact on the quality of life and a
prospect could easily access the
community's position as compared to
nationally accepted standards.
Timeliness - Council's approval of this
recommendation prior to February 1, 1989
will save $950.
Fund availability - Funds are available
in the Capital Maintenance and Equipment
Replacement Program to provide for this
accreditation program.
Do not appropriate Funds for Police
Department accreditation program.
1. Benefits of accreditatio~ would not be
realized with this alternative.
e
Timeliness would not be a factor in this
alternative.
Fund Availability - Designated Funds for
Police Department accreditation
application would not be expended.
V. Recommendation
Council concur with Alternative "A"
Appropriate $12,825.00 from Capital
Maintenance and Equipment Replacement Program
to Police Department Account Number
001-050-3111-2010 to provide for the
accreditation application.
Respectfully Submitted,
W. Robert Herbert
City Manager
cc: City Attorney
Director of Finance
Attachment "A"
Listed below are the localities in the Commonwealth of
Virginia that has received the Law Enforcement Agency
Accreditation.
Alexandria, Virginia
Arlington, Virginia
Fairfax, Virginia
Henrico County, Virginia
Prince William County, Virginia
Staunton, Virginia
Newport News, Virginia
Virginia Beach, Virginia
Williamsburg, Virginia
Herndon, Virginia
Virginia State Police
Office of ,"he City Cler~
January 20, lg~9
File #27
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear ~fr. Herbert:
I am attaching copy of Ordinance No. 29427, approving the
issuance of Change Order No. 2 to the City's contract with E. C.
Pace Company, 1nc., for construction of Chip Drive, N. E., which
Ordinance No. 29427 was adopted by the Counci[ of the City of
~oanoke at a regular meeting held on Tuesday, January 17, 1989.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:fa
Enc.
pc:
E. C. Pace Company, Inc., P. O. Bo~ 126~5, Roanoke, Virginia
24027
Mr. Wilburn Co Dtbling, Jr., City Attorney
Mr. Joel M. Schlanger, Director of Finance
Mr. Kit B. Kiser, Director of Utilities and Operations
~r. William F. Clark, Director of Public Works
Mr. Charles M. Huffine, City Engineer
Room 456 Municipal Building 215 C~urch Avenue SW I'~anc~ ¥1rg~nia 2401 '~ (703) 981-2541
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 17th day of January, 1989.
No. 29427.
AN ORDINANCE approving the City Manager's issuance of Change Order
No. 2 to the City's contract with E. C. Pace Company, Inc., for con-
struction of Chip Drive, N.E.; 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. 2 to the City's contract with
E. C. Pace Company, Inc., dated May 16, 1988, related to construction
of Chip Drive, N. E.
2. Such Change Order shall provide for the following changes in
the work to be performed:
OONTI~ACr AMOUNT gITH G~GE O~DER NO. 1
Change Order No. 2: Deleto
326 tons of bituminous base
course at $28.50 per ton
CHA~E OP~ER NO. 2
Additional t~e re~ulting for
Change Order No. 2
$ 332,932.50
$ 9,291.00
$ 323,641.50
None
municipal government, an emergency is deemed to exist, and this
nance shall be in full force and effect upon its passage.
ATTEST·
In order to provide for the usual daily operation of the
ordi-
City Clerk.
Office of me Cib,' Clerk
Januar~ 20, 1989
File #27-29-207
Mr. W. Robert tterbert
Cit~ Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Ordinance No. 29426, authorizing the exe-
cution of a certain Application and Agreement with Appalachian
Power Company, in connection with extending electrical power to
the sanitary sewer pump station located along Chip Drive, N. E.,
in the Roanoke Centre for Industry and Technology, which
Ordinance No. 29426 was adopted by the Council of the City of
Roanoke at a regular meeting held on Tuesday, January 17, 1989.
Sincerely,
SHE:ra
Eric.
pc:
Sandra H. Eakin
Deputy City Clerk
~r. Ken Brant, Energy Services Engineer, APCO, Room 108,
P. O. Box 2021, Roanoke, Virginia 24022
Mr. Wilburn C. Dibling, Jr., City Atto.ney
Mr. Joel M. Schlange., Director of Finance
Mr. Kit B. Kiser, Director of Utilities and Operations
Mr. William F. Clark, Director of Public Works
Mr. Charles M. Huffine, City Engineer
Room 456 Municip(~l Building 215 C~urch Avenue S W r~ganc~e V~rglnia 24011 (703) 981-2541
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 17th day of January, 1989.
No. 29426.
AN ORDINANCE authorizing the City Manager to execute a certain
Application and Agreement with Appalachian Power Company; and pro-
viding for an emergency.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The City Manager is hereby authorized, for and on behalf of
the City, to execute an Application and Agreement for Underground
Service to Co~mercial Buildings, Industrial Buildings, Schools and
Master-Metered Multi-Family Dwelling Units, providing for such Com-
pany's extending electrical power to a sanitary sewer pump station
owned by the City in Roanoke Centre for Industry and Technology for
a total charge of $22,656.00, a copy of which is on file in the
Office of the City Clerk, upon approval of the form of the Agreement
by the City Attorney, and upon such other terms and conditions as are
provided therein.
2. In order to provide for the usual daily operation of the
municipal government, an emergency is deemed to exist, and this ordi-
nance shall be in full force and effect upon its passage.
ATTEST:
City Clerk.
c ~-~'~ ~v "- Roanoke, Virginia
CITY ~.: ~
Sanuar¥ 17, 1989
'89 JPl 1'i
Honorable Mayor and City Council
Roanoke, Virginia
Honorable Mayor and Members of City Council:
Subject: Electrical Service for Chip Drive Pump Station and Change Order No. 2
I. Back~round on this subject includes:
mo
City Council, at its meeting on September 14, 1987, authorized the
City Manager (by Ordinance No. 28798) to execute an option for the
sale of approximately 20.8 acres of land within the Roanoke Centre for
Industry and Technology (RCIT) to QCI Corporation (which assigned its
rights to purchase the property to Vitramon, Incorporated). One of
the conditions of the option requires the City to install sanitary
sewer facilities including a sanitary sewer pump station.
Vitramon~ Incorporated purchased 22.307 acres for 8250,000 on March 9,
1988. These funds are being applied toward the construction of Chip
Drive, N.E.
Co
E. C. Pace Company, Inc. submitted a base bid in the amount of
$308,743.50 for Chip Drive, which was accepted by City Council in
Ordinance No. 29125 at a regular meeting held May 16, 1988.
D. Project includes a contract amount of ~332~932.50 (includes add alter-
nate and Change Order No. 1).
go
Project specifications related to electrical power to the pump station
state that "the contractor shall arrange for the work by APCO to be
accomplished and shall submit to the City of Roanoke for separate
payment an invoice from APCO for the connection fee. The City shall
pay the face amount of the APCO invoice."
II. Current Situation of this project includes:
A. Application for electric service to serve the pump station was sent to
and received by Appalachian Power Company in May, 1988.
Sanitary sewer facilities and pump station have been installed by the
City's contractor for the construction of Chip Drive, N.E. This pump
station is designed to serve the Vitramon, Incorporated site and the
Universal Communication Systems site, both of which have new facili-
ties presently under construction at RCIT. Electrical service is now
needed to make the pump station operational.
Fo
Appalachian Power Company completed its review of the City's applica-
tion and then advised the City on November 18, 1988, of the costs
associated with providing the necessary electrical power to the pump
station. The total cost of $22,656.00 would provide underground ser-
vice from an electrical source along the west boundary of the RCIT.
Vitramon anticipates that their new facility will be occupied by early
April, 1989. APCO can install the electrical service within three to
four weeks of receipt of payment by the City.
Fundin~ for the $22,656.00 electrical service is available in the pro-
ject contingency in the amount of $13,365.00 and in the unspent por-
tion of the project contract in the amount of $9,291.00. A change
order is necessary to shift the money from within the contract to the
project contingency, to make it available for payment to APCO.
Contract would decrease to $323~641.50 by virtue of Change Order No. 2
in the amount of $9,291.00. The decrease would include 326 tons of
bituminous base course (at a unit price of $28.50) which is not needed
for completion of this project.
III.
A. Fundin8
B. Timin8
C. Option with Vitramon
IV.
Alternatives:
A. Authorize the City Manager to:
· Execute the agreement for underground service with Appalachian
Power Company to provide electric service to the sanitary sewer
pump station located along Chip Drive, N.E.;
· Authorize payment to APCO in the amount of $22,656.00;
· Execute Change Order No. 2 for a decrease in the amount of
$9~291.00.
1. Fundin~ in the amount of $22,656.00 is available in:
a. Contingency of Chip Drive Project (Account
008-052-9605-9003) in the amount of $13,365.00.
b. Unspent portion of Chip Drive Project Contract (Account
008-052-9605-9003) in the amount of $9,291.00.
Timin~ for providing a functional sanitary sewer system to
Vitramon would be met inasmuch as they anticipate occupancy in
early April, 1989.
3. Option with Vitramon which includes a condition requiring the
City to install a sanitary sewer pump station would be met.
B. Do not authorize the City Manager to:
Execute the agreement for underground service with Appalachian
Power Company;
· Authorize payment to APCO;
· Execute Change Order No. 2.
1. Funding not required at this time, but may increase if
requested at a later date.
Timing for providing a functional sanitary sewer system to
Vitramon would be jeopardized inasmuch as they anticipate
occupancy of their new facility in early April, 1989.
3. Option with Vitramon would not be completely met with regard
to the sanitary sewer pump station.
V. Recommendation is that City Council authorize the City Manager to:
· Execute the agreement for underground service with Appalachian
Power Company to provide electric service to the sanitary sewer
pump station located along Chip Drive, N.E.
· Authorize payment to APCO in the amount of $22,656.00.
· Execute Change Order No. 2 for a decrease in the amount of
$9,291.00.
WRH/RKB/fm
CC:
City Attorney
Director of Finance
Director of Utilities & Operations
Director of Public Works
City Engineer
Respectfully submitted,
W. Robert Herbert
City Manager
Office of the City Cte~
January 20, 1989
File #472
Utility Line Eauipment, Inc.
P. 0. Box 5497
Roanoke, Virginia 24012-0497
Ladies and Gentlemen:
I am enclosing copy of Ordinance No. 29428, accepting your bid
for repair of an existing aerial boom and bucket, in the total
amount of $15,662.~0, which Ordinance No. 29428 was adopted by
the Council of the City of Roanoke at a regular meeting held on
Tuesday, January 17, 1989.
Sincerely,
SHE:fa
Enc.
pc:
Sandra H. Eakin
Deputy City Clerk
Mr. W. Robert Herbert, City Manager
Mr. Wilburn C. Dibling, Jr., City Attorney
Mr. Joel M. Schlanger, Director of Finance
Mr. William F. Clark, Director of Public Works
Mr. George C. Snead, Jr., Director of Administration
Public Safety
Mr. D. Darwin Roupe, Manager, General Services
and
Room 456 Municil~al Building 215 Church Avenue SW Roanoke ~rg~nia 24~11 (703) 981-2541
Office of the City Clerk
January 20, 1989
File #472
8aker Equipment Engineering Company
P. O. Box 25609
Richmond, Virginia 23260
Ladies and Gentlemen:
[ am enclosing copy of Ordinance No. 29428, accepting the bid of
Utility Line Equipment, Inc., for repair of an existing aerial
boom and bucket, in the total amount of $15,662.~0, which
Ordinance No. 2942~ was adopted by the Council of the City of
Roanoke at a regular meeting held on Tuesday, January 17, 1989.
On behalf of the Members of City Council, I would
appreciation for submitting your bid on the
repairs.
like to express
abovedescribed
SHE:ra
Eric.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
Room456 Municipalguilding 215 Church Avenue, SWRoanokeVir§~nia24011 (703) 98%2541
IN THE COUNCIL OF THE CITY OF ROANOKE,
The 17th day of January, 1989.
No. 29428.
VIRGINIA,
AN ORDINANCE accepting the bid of Utility Line Equipment, Inc.,
for repair of an existing aerial boom and bucket, upon certain terms
and conditions, rejecting all other bids made to the City for the
work; and providing for an emergency.
BE IT ORDAINED by the Council of
1. The bid of Utility Line Equipment,
the total ~mount of $15,662.00, and unknown
and when identified, to be paid separately,
the City of Roanoke as follows:
Inc., made to the City in
internal parts cost, if
for repair of an existing
aerial boom and bucket such bid being in full compliance with the
City's plans and specifications made therefor, which bid is on file in
the Office of the City Clerk, be and is hereby ACCEPTED.
2. The City's Nanager of General Services is hereby authorized
and directed to issue the requisite purchase order therefor, incorpo-
rating into said order the City's specifications, the terms of said
bidder's proposal and the terms and provisions of this ordinance.
3. Any and all other bids made to the City for the aforesaid
work are hereby REJECTED, and the City Clerk is directed to notify
each such bidder and to express to each the City's appreciation for
such bid.
4. In order to provide for the usual daily operation of the
municipal government, an emergency is deemed to exist, and this ordi-
nance shall be in full force and effect upon its passage.
ATTEST:
City Clerk.
Roanoke, V~r~±n±a
January 17, 1989
Honorable Mayor and City Council
Roanoke, Virginia
Dear Members of City Council:
SUBJECT:
BIDS TO REPAIR AERIAL
BOOM AND BUCKET
BID NUMBER 88-12-48
I concur with the recommendation of the bid committee
relative to the above subject and recommend it to you for
appropriate action.
Respectfully submitted,
W. Robert Herbert
City Manager
WRH/DDR/klm
cc: City Attorney
Director of Finance
Roanoke, Virginia
January 17, 1989
Honorable Mayor and City Council
Roanoke, Virginia
Dear Members of Council:
I. Background
II.
SUBJECT:
BIDS TO REPAIR AERIAL
BOOM ANDBUCKET
BID NUMBER 88-12-48
Ail Aerial boom equipment in the City's
vehicular fleet is tested periodically to
insure maximum operational capabilities and
safety aspects.
Grounds Department currently uses a Teco
Aerial Boom and Bucket mounted to an existing
cab/chassis that is used for tree trimming
and ball park light replacement.
November 1988, stress tests were performed on
the City's unit. Those tests confirmed that
repairs were necessary in order for this unit
to be operated in the safest and most
efficient manner.
Specifications were developed and sent to the
two (2) known repair dealers for this type of
equipment. A public advertisement was also
published in the Roanoke Times and World
News.
CURRENT SITUATION
Bids were opened at 2:00 p.m. on December 30,
1988. Two (2) bids were received. Bid
Tabulation is attached.
Both bids received stated that bid prices did
not include internal parts as their condition
could not be determined until the unit was
dismantled. Any additional parts and/or
charges would be explained prior to repair
and those charges invoiced separately.
The low bid submitted by Utility Line
Equipment, Inc. covers all known necessary
Honorable Mayor and City Council
Page 2
repairs for the bid amount of $15,662.00.
III. ISSUES
A. Need
B. Compliance with Specifications
C. Fund Availability
IV. ALTERNATIVES
Council accept the bid submitted by Utility
Line Equipment, Inc. to make necessary
repairs to aerial boom and bucket, for the
cost of $15,662.00 and allow for unknown
internal parts cost, if and when identified,
to be paid separately.
Need - repairs to existing equipment is
necessary for continued performance of
some required Grounds Department duties.
Compliance with Specifications -
response from Utility Line Equipment,
Inc. met all required specifications.
Fund availability - This expenditure
will be funded by Motor Vehicle
Maintenance operating account. While
this expenditure was not anticipated or
budgeted, it is hoped that sufficient
funds remain in that account to provide
for necessary vehicle repairs for the
balance of the current fiscal year.
B. Reject all Bids
Need - necessary equipment to perform
some of Grounds Maintenance required
duties will not be available.
Compliance with Specifications - would
not be a factor in this alternative.
Fund availability - would not be a
factor in this alternative.
Honorable Mayor and City Council
Page 3
V. RELATION
Council concur with Alternative "A" - accept
the bid submitted by Utility Line Equipment,
Inc. to repair existing aerial boom and
bucket for the cost of $15,662.00 and
allowing unknown internal parts cost, if and
when identified, to be paid separately.
Reject other bid.
Chairman:
Respectfully submitted,
William F. Clark
WFC/DDR/klm
cc: City Attorney
Director of Finance
Georg~JC. Snead
D. Darwin Roupe
,--I ~co
~co
u.l 0'~
0 0
0
0
"0
"0
I>
Office of the City Cler~
January 20, 1~9
File ~1~1
Syndor Industrial Services, Inc.
7530 Milk-A-Way Drive, N. E.
Roanoke, Virginia 24019
Ladies and Gentlemen:
I am enclosing copy of Ordinance No. 29430, accepting your bid
for furnishing and delivering one new Power Sweeping Machine, in
the total amount of $14,106.00, which Ordinance No. 29430 was
adopted by the Council of the City of Roanoke at a regular
meeting held on Tuesday, January 17, 1989.
Sincerely,
SHE:ra
Enc.
pc:
Sandra H. Eakin
Deputy City Clerk
Mr. W. Robert Herbert, City Manager
Mr. Wilburn C. Dibling, Jr., City Attorney
Mr. Joel M. Schlanger, Director of Finance
Mr. Kit B. Kiser, Director of Utilities and Operations
Mr. George C. Snead, Jr., Director of Administration and
Public Safety
Mr. D. Darwin Roupe, Manager, General Services
Mr. ~ob Layman, Manager, municipal Parking Garage
Room 456 Municipal Building 2'i 5 C~urch Avenue S W Roanoke. "~rcj~nia 24011 (703) 98t-254¢
C~ce of the C~ Cler~
January 20, 19~9
File #181
AAR Brooks ~ Perkins
P. 0. ~ox 1227
Aberdeen, North Carolina
28315
General Company, Inc.
402 First Street
Vinton, Virginia 24179
C & B Lift Truck, [nc.
23 Dixie Drive
Salem, Virginia 24153
Tennant & Company
4119 Holmes Street, N. E.
Roanoke, Virginia 24012
Virginia Forklift, Inc.
1501 Jefferson Davis Highway
Richmond, Virginia 23224
Ladies and Gentlemen:
~ am enclosing copy of Ordinance No. 29430, accepting the bid of
Syndor Industrial Services, inc., for furnishing and delivering
one new Power Sweeping Machine, in the total amount of
$14,106.00, which Ordinance No. 29430 was adopted by the Council
of the City of Roanoke at a regular meeting held on Tuesday,
January 17, 1989.
On behalf of
appreciation
equipment.
the Members of City Council,
for submitting your bid
I would like to express
on the abovedescribed
SHE:fa
Eac.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
Room 456 Municipal Buildincj 21§ C~urch Avenue S.W R4x:lnoke ~rg~nia 2401 t (703) 98t-2541
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 17th day of January, 1989.
No. 29430.
AN ORDINANCE accepting the bid of Syndor Industrial Services,
Inc., made to the City for furnishing and delivering one (1) new Power
Sweeping Nachine; rejecting all other bids made to the City; and pro-
viding for an emergency.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. The bid of Syndor Industrial Services, Inc., made to the
City, offeying to supply one (1) new Power Sweeping Machine, meeting
all of the City's specifications and requirements therefor, for the
total bid amount, including trade-in allowances for an existing unit,
of $14,10~.00, which bid is on file in the Office of the City Clerk,
be and is hereby ACCEPTED.
2. The City's Manager of General Services is hereby authorized
and directed to issue the requisite purchase order therefor, incor-
porating into said order the City's specifications, the terms of said
bidder's proposal and the terms and provisions of this ordinance.
3. Any and all other bids made to the City for the aforesaid
equipment are hereby REJECTED, and the City Clerk is directed to
notify each such bidder and to express to each the City's appreciation
for such bid.
4. In order to provide for the usual daily operation of the
municipal government, an emergency is deemed to exist, and this ordi-
nance shall be in full force and effect upon its passage.
ATTEST:
City Clerk.
Office of the City Clerk
January 20, 1989
File #60-151
Mr. Joel ~. Schlanger
Director of Finance
Roanoke, Virginia
Dear Mr. Schlanger:
I am attaching copy of Ordinance No. 29429, amending and reor-
daining certain sections of the 1988-89 General Fund
Appropriations, providing for the transfer of $14,1~6.00, in con-
nection with acceptance of the bid submitted by Syndor Industrial
Services, Inc., for furnishing and delivering one new Power
Sweeping Machine, which Ordinance No. 29429 was adopted by the
Council of the City of Roanoke at a regular meeting held on
Tuesday, January 17, 1989.
Sincerely,
SHE:fa
Enc.
pc:
Sandra H. Eakin
Deputy City Clerk
Mr. W. Robert Herbert, City Manager
Mr. Kit B. Kiser, Director of Utilities and Operations
Mr. George C. Snead, Jr., Director of Administration and
Public Safety
Mr. D. Darwin Roupe, Manager, Genera! Services
Mr. Bob Layman, Manager, Municipal Parking Garage
Room 456 Municipal Building 215 C~urch Avenue S W Roanc~e ~,irg~nia 240t t (703) 981-2541
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 17th day of January, 1989.
No. 29429.
AN ORDINANCE to amend and reordain certain sections of
the 1988-89 General Fund Appropriations, and providing for an
emergency.
WHEREAS, for
Government of the
exist.
the usual daily operation of the Municipal
City of Roanoke, an emergency is declared to
THEREFORE, BE IT ORDAINED by the Council of the City of
Roanoke that certain sections of the 1988-89 General Fund
Appropriations, be, and the same are hereby, amended and
reordained to read as follows, in part:
Appropriations
Non-Departmental
Contingency - General Fund (1) .....................
Community Development
Municipal Parking Garage (2) .......................
1) Equip. Replacement
Contingency
2) Other Equipment
(001-002-9410-2202)
(001-056-8140-9015)
$(14,106)
14,106
$11,667,099
532,518
1,093,471
131,026
BE IT FURTHER ORDAINED that, an emergency existing,
Ordinance shall be in effect from its passage.
A~-~'EST:
this
city Clerk.
CiTY
Roanoke, Virginia
January 17, 1989
:2?
Honorable Mayor and City Council
Roanoke, Virginia
Dear Members of City Council:
SUBJECT:
Bids to Purchase
Power Sweeping Machine
Bid Number 88-11-37
I concur with the recommendation of the bid committee
relative to the above subject and recommend it to you for
appropriate action.
Respectfully Submitted,
W. Robert Herbert
City Manager
cc: City Attorney
Director of Finance
Roanoke, Virginia
January 17, 1989
Honorable Mayor and City Council
Roanoke, Virginia
Dear Members of City Council:
SUBJECT:
Bids To Purchase
Power Sweeping Machine
Bid Number 88-11-37
I. Background
November 10, 1988, specifications were
developed for one (1) new Power Sweeping
Machine to be used in the Municipal Parking
Garage.
Bid request were sent specifically to eight
(8) vendors listed on the City's bid list for
this type of equipment. A public
advertisement was also published in the
Roanoke Times and World News on November 13,
1988.
Bids were received, after due and proper
advertisement, until 2:00 P.M. on November
30, 1988, at which time all bids so received,
were publicly opened and read in the office
of the Manager of General Services.
II. Current Situation
Six (6) bid responses were received.
tabulation of those bids received is
attached.
A
Ail bids received were evaluated in a
consistent manner by representatives of the
following:
Utilities and Operations
Parking Garage
General Services
III ·
IV.
C. Bid Evaluation is as follows:
The lowest bid submitted by Tennant &
Co. took exceptions to motor HP, and
Sweeping path width. These exceptions
substantially affect price, quality
and/or quantity and cannot be waived as
informalities.
The second lowest bid as submitted by
Syndor Industrial Services, Inc. met
all required specifications and is
considered the lowest responsible bid.
Issues in order of importance
A. Need
B. Compliance with specifications
C. Fund Availability
Alternatives
Council accept the lowest responsible bid
meeting specifications, to furnish and
deliver one (1) new Power Sweeping Machine,
as submitted by Syndor Industrial Services,
Inc., for the total amount, including trade
allowance for existing unit, of $14,106.00.
Need - requested equipment, which will
replace existing worn-out unit, is
necessary for proper maintenance of
Municipal Parking Garage.
Compliance with specifications - the bid
submitted by Syndor Industrial Services,
Inc., meets all required specifications.
Fund availability - funds are available
in Equipment Replacement Contingency
Account Number 001-002-9410-2202 to
provide for this purchase.
B. Reject all bids
Need - the proper and necessary
continued maintenance of the Parking
Garage Facility could not be
accomplished.
2. Compliance with specifications - would
not be a factor in this alternative.
Fund availability - would not be a
factor in this alternative.
V. Recommendation
Council concur with Alternative "A" accept
the lowest bid meeting specifications, to
furnish and deliver one (1) new Power
Sweeping Machine, as submitted by Syndor
Industrial Services, Inc., for the total
amount, including trade-in allowances for
existing unit, of $14,106.00 and reject all
other bids.
Transfer $14,106.00 from Equipment
Replacement Contingency Account
001-002-9410-2202 to Parking Garage Account
001-056-8140-9015 to provide for this
purchase.
Respectfully Submitted,
COMMITTEE:
~eorge C. d~k~d
D. Darwin Roupe
cc: City Attorney
Director of Finance
Office of the City Cler~
January 18, 1989
File #137-11
The Honorable Clifton A. Woodrum, III
Member, House of Delegates
Room 810, General Assembly Building
910 Capitol Street
Richmond, Virginia 23219
Dear Delegate Woodrum:
I am enclosing copy of Resolution No. 29431, requesting the 1989
Session of the General Assembly to enact an awendment to the Code
of Virginia prohibiting certain discrimination by large private
clubs on a Statewide basis, which Resolution No. 29431 was
adopted by the Council of the City of Roanoke at a regular
meeting held on Tuesday, January 17, 1989.
""~'"'~'-~'-'Sincerely'
Mary F. Parker, CMC
City Clerk
MFP:ra
Eric ·
pc:
Mr. W. Robert Herbert, City Manager
Mr. Wilburn C. Oibling, Jr., City Attorney
Room 456 Municipal Building 2 t 5 C~urch Avenue SW Ro<:;noke, ¥1rg~nia 24011 (703) 981-2541
Office of the Ci~ Cler~
January 18, 1989
File #137-11
The Honorable A. Victor Thomas
Member, House of Delegates
Room 814, General Assembly Building
910 Capitol Street
Richmond, Virginia 23219
Dear Delegate Thomas:
I am enclosing copy of Resolution No. 29431, requesting the 1989
Session of the General Assembly to enact an amendment to the Code
of Virginia prohibiting certain discrimination by large private
clubs on a Statewide basis, which Resolution No. 29431 was
adopted by the Council of the City of Roanoke at a regular
meeting held on Tuesday, January 17, 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
Room 456 Municil:x~l Building 215 C~urch Avenue SW Roanoke ~rg~nia 24011 (703) 981-2541
Office of the City Clen~
January 18, 1989
File #137-11
The Honorable J. Granger Macfarlane
Member, Senate of Virginia
Room 382, General Assembly Building
910 Capitol Street
Richmond, Virginia 23219
Dear Senator Macfarlane:
I am enclosing copy of Resolution No. 29431, requesting the 1989
Session of the General Assembly to enact an amendment to the Code
of Virginia prohibiting certain discrimination by large private
clubs on a Statewide basis, which Resolution No. 29431 was
adopted by the Council of the City of Roanoke at a regular
meeting held on Tuesday, January 17, 1989.
Sincerely, ,~
Mary F. Parker, CMC
City Clerk
MFP:ra
Eric,
pc: Mr. W. Robert Herbert, City Manager
Mr. Wilburn C. Dibling, Jr., City Attorney
Room 456 Municipal Building 215 Church Avenue S.W Roanoke. V~rg~nia 240t I (703) 981-2541
Office of ~e City Clerk
January 20, 1989
File #137-11
Mr. Gory Waldo
UniServ Director
Roanoke Education Association
P. 0o Box 19219
Roanoke, Virginia 24019
Dear Mr. Waldo:
I am enclosing copy of Resolution No. 29431, requesting the 1989
Session of the General Assembly to enact an amendment to the Code
of Virginia prohibiting certain discrimination by large private
clubs on a Statewide basis, which Resolution No. 29431 was
adopted by the Council of the City of Roanoke at a regula,
meeting held on Tuesday, January 17, 1989.
Sincerely,
SHE: ra
Eno.
Sandra H. Eakin
Deputy City Clerk
Rcx:~m 456 Municipc~l Building 2t5 C~urch Avu~ue S.W. R~noke 'Virginia 24011 (703) 981-2541
IN THE COUNCIL OF THE CITY OF HOAROKE, VIRGINIA,
The 17th day of January, 1989.
No. 29431.
A RESOLUTION requesting the 1989 Session of the General Assembly
to enact an amendment to the Code of Virginia prohibiting certain dis-
crimination by large private clubs on a Statewide basis.
WHEREAS,
its citizens
creed, color,
the Commonwealth has a compelling interest in providing
an environment where all persons, regardless of race,
national origin or sex, have a fair and equal opportunity
to partiJipate in the business and professional life of the Common-
wealth;
WHEREAS, although Federal and State laws have been enacted to eli-
minate discrimination in employment, one barrier to the advancement of
women and minorities in business and professional life is the discrimi-
natory practices of certain membership organizations where business
deals are often made and personal contacts valuable for business pur-
poses, employment and professional advancement are formed;
WHEREAS, in New York State Club Association v. New York City,
June 20, 1988, the Supreme Court of the United States approved a New
York City ordinance which prohibited discrimination on the basis of
race, creed, color, national origin or sex by private clubs having
more than 400 members, providing regular meal service and regularly
receiving payment for dues, fees, meals, etc., directly or indirectly,
from or on behalf of non-members in the furtherance of trade or busi-
ness; and
WHEREAS, Virginia localities are without authority under the Dillon
Rule to enact local ordinances addressing private club discrimination,
and, moreover, City Council is of the opinion that one uniform State-
wide statute prohibiting certain private club discrimination would be
the best way to deal with this important public issue which affects
all the citizens of the Commonwealth;
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as
follows:
1. The 1989 Session of the General Assembly is urged to enact an
amendment to the Code of Virginia prohibiting discrimination on the
basis of mace, creed, color, national origin or sex by certain large
private clubs (such term to be defined by the General Assembly) on a
uniform Statewide basis.
2. The City Clerk is directed to transmit an attested copy of
this resolution to The Honorable J. Granger Macfarlane, Member, Senate
of Virginia; The Honorable A. Victor Thomas, Member, House of Delegates;
and The Honorable Clifton A. Woodrum, III, Member, House of Delegates.
ATTEST:
City Clerk.
WILBURN C. DIBLING, JR.
OFFICE OF THE CITY ATTORNEY
~- ~ N L DING
'8~
January 17, 1989
The Honorable Mayor and Members
of City Council
Roanoke, Virginia
Re: Private club discrimination
Dear Mrs. Bowles and Gentlemen:
At the January 9, 1989, meeting of City Council, the
City Attorney was requested to prepare a resolution urging
the 1989 Session of the General Assembly to enact an amend-
ment to the Code of Virginia prohibiting discrimination on
the basis of race, creed, color, national origin or sex by
certain large private clubs on a Statewide basis. As di-
rected by Council, I have prepared the attached resolution
which I recommend to you.
I believe that the attached resolution is consistent
with Council's directions and that the language of the reso-
lution is self-explanatory. Should there be any questions,
I will be pleased to address them.
With kindest personal regards, I am
Sincerely yours,
City Attorney
WCDJr:fcf
Attachment
CC:
Mr. Gary Waldo, UniServ Director
for Roanoke Education Association
W. Robert Herbert, City Manager
Nary F. Parker, City Clerk
WILBURN C. DIBLING, JR.
C~TY ATTOf~IEY
CZTYcOl !;ttO32qOI
OFFICE OF THE CITY ATTORNEY
January 13, 1989
The Honorable J. Granger Macfarlane
Member, Senate of Virginia
382 General Assembly Building
Richmond, Virginia 23219
The Honorable A. Victor Thomas
Member, House of Delegates
451 General Assembly Building
Richmond, Virginia 23219
The Honorable Clifton A. Woodrum,
Member, House of Delegates
810 General Assembly Building
Roanoke, Virginia 23219
III
Re: Private club discrimination
Dear Granger, Vic and Chip:
Understanding that the deadline for bill preparation requests at
the 1989 Session is January 18, 1989, I am transmitting herewith by
Federal Express an advance copy of the resolution relating to private
club discrimination to be considered by City Council on January 17,
1989. When this matter was first considered by Council on January 9,
1989, all members seemed to support the type bill recommended by the
enclosed resolution, and my guess would be that Council will unani-
mously adopt the resolution. After the Council meeting of January 17,
Mary F. Parker, City Clerk, will transmit to you an attested copy of
the resolution adopted by Council.
Thank you for your consideration of Council's views on this im-
portant issue.
With kindest personal regards, I am
Sincerely yours,
Wilburn C. Dibling,
City Attorney
Jr.
WCDJr:fcf
Enclosure
Messrs. Macfarlane, Thomas and Woodrum
January 13, 1989
Page 2
cc: The~Honorable Mayor and Members of City Council
W~Robert Herbert, City Manager
~ary F. Parker, City Clerk
Dr. Gary E. Waldo, UniServ Director, Roanoke Education
Association
Office of the City Cter~
January 20, 19~9
File #192-353
Thor, Incorporated
P. O. ~ox 6338
Roanoke, Virginia
24017-0338
Ladies and Gentlemen:
I am enclosing copy of Resolution No. 29432, rejecting all bids
for construction of the elevator for handicapped and related use
at the Civic Center Auditorium, which Resolution No. 29432 was
adopted by the Council of the City of Roanoke at a regular
meeting held on Tuesday, January 17, 1989.
On behalf of the Members of City Council, I would
appreciation for submitting your bid on the
elevator.
like to express
abovedescribed
Sincerely,
SHE:fa
p c: ~lr.
Mr.
Air.
Mr.
Ms.
Mr.
Pub
Mr.
Ms.
Sandra H. Eakin
Deputy City Clerk
W. Robert Herbert, City Manager
Wilburn C. Dibling, Jr., City Attorney
Joel M. Schlanger, Director of Finance
William F. Clark, Director of Public Works
Charles ~. Huffine, City Engineer
Sarah E. Fitton, Construction Cost Technician
George C. Snead, Jr., Director of Administration and
lic Safety
Bob E. Chapman, Manager, Civic Facilities
Dolores C. Daniels, Citizens' Request for Service
Room 456 Municipal BuJldincj 215 Church Argue 5W P,~noke ~rglnJa 24011 (703) 981-254~
Of'rice of 'he City Clerk
January 20, 1989
File #192-353
Acorn Construction Ltd.
P. O. Box 625
Troutville, Virginia 24175
Ladies and Gentlemen:
I am enclosing copy of Resolution No. 29432, rejecting all bids
for construction of the elevator for handicapped and related use
at the Civic Center Auditorium, which Resolution No. 29432 was
adopted by the Council of the City of Roanoke at a regular
meeting held on Tuesday, January 17, 1989.
On behalf of
appreciation
elevator.
the ~fembers of City Council, I would like to express
for submitting your bid on the abovedescribed
Sincerely,
SHE:ca
Enc.
pc:
Sandra H. Eakin
Deputy City Clerk
~r. W. ~obert Herbert, City Manager
Mr. Wilburn C. Dibling, Jr., City Attorney
Air. Joel M. Schlanger, Director of Finance
Mr. William F. Clark, Director of Public Works
Mr. Charles M. Huffine, City Engineer
Ms. Sarah E. Fitton, Construction Cost Technician
Mr. George C. Snead, Jr., Director of Administration and
Public Safety
Mr. Bob E. Chapman, Manager, Civic Facilities
~s. Dolores C. Daniels, Citizens' Request for Service
Room 456 Municipal Buildin(j 215 C~urch Av,~que SW Ro~no,U,e ~rg~nia 24011 (703) 981-2541
C)~ce of ~he Ci~' Cler~
January 20, 1989
File #192-353
O. M. Tomlinson, Inc.
P. O. Box 11724
Roanoke, Virginia 24022-1724
Ladies and Gentlemen:
T am enclosing copy of Resolution No. 29432, rejecting all bids
for construction of the elevator for handicapped and related use
at the Civic Center Auditorium, which Resolution No. 29432 was
adopted by the Council of the City of Roanoke at a regular ·
meeting held on Tuesday, January 17, 1989.
On behalf of
appreciation
elevator.
the Members of City Council, ! would like to express
for submitting your bid on the abovedescribed
Sincerely,
SHE: ra
Enc.
pc: Mr.
Mr.
Sandra H. Eakin
Deputy City Clerk
W. Robert Herbert, City Manager
Wilburn C. Dibling, Jr., City Attorney
Mr. Joel ~. Schlanger, Director of Finance
Mr. William F. Clark, Director of Public Works
Mr. Charles M. Huffine, City Engineer
Us. Sarah E. Fitton, Construction Cost Technician
Mr. George C. Snead, Jr., Director of Administration and
Public Safety
Mr. Bob E. Chapman, Manager, Civic Facilities
Ms. Dolores C. Daniels, Citizens' Request for Service
Room 456 Municipal Building 215 C~urch A',,.~ue SW Roanoke V~rg~nia 2401 t (703) g81-254t
Office of the CiW Cler~
January 2~, 1959
File ~192-353
Martin Brothers Contractors, Inc.
P. O. Box 533
Roanoke, Virginia 24003-0533
Ladies and Gentlemen:
I am enclosing copy of Resolution No. 29432, rejecting all bids
for construction of the elevator for handicopped and related use
at the Civic Center Auditorium, which Resolution No. 29432 was
adopted by the Council of the City of Roanoke at a regular
meeting held on Tuesday, January 17, 1989.
On behalf of the Members of City Council, I would
appreciation for submitting your bid on the
elevator.
like to express
abovedescribed
Sincerely,
SHE:fa
Eno.
pc:
Sandra H.
Deputy City Clerk
Mr. W. Robert Herbert, City Manager
~ir. Wilburn C. Dibling, Jr., City Attorney
Mr. Joel M. Schlanger, Director of Finance
Mr. William Fo Clark, Director of Public Works
~ir. Charles M. Huffine, City Engineer
~is. Sarah E. Fitton, Construction Cost Technician
~4r. George C. Snead, Jr., Director of Administration and
Public Safety
Mr. Bob E. Chapman, Manager, Civic Facilities
~s. Dolores C. Daniels, Citizens' Reguest for Service
Room 456 Municil:~l BuilOing 215 C'~urch Avenue SW. Roanoke ~rg~nia 24011 (703) 981-254.1
January 20, 1959
File #192-353
Bo.~ley Construction Company
P. O. Box 8338
Roanoke, Virginia 24014
Ladies and Gentlemen:
I am enclosing copy of Resolution No. 29432, rejecting all bids
for construction of the elevator for handicapped and related use
at the Civic Center Auditorium, which Resolution No. 29432 was
adopted by the Council of the City of Roanoke at a regular
meeting held on T~iesday, January 17, 1989.
On behalf of
appreciation
elevator.
the Members of City Council, I would like to express
for submitting your bid on the abovedescribed
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:fa
Enco
pc:
Mr. W. Robert Herbert, City Manager
Mr. Wilburn C. Dibling, Jr., City Attorney
Mr. Joel M. Schlanger, Director of Finance
Mr. William F. Clark, Director of Public Works
Mr. Charles M. Huffine, City Engineer
~fs. Sarah Eo Fitton, Construction Cost Technician
~r. George C. Snead, Jr., Director of Administration and
Public Safety
Afr. Bob E. Chapman, Manager, Civic Facilities
ifs. Dolores C. Daniels, Citizens' Request for Service
Room 456 Municipal Building 2t5 C~urch Avenue SW Roanoke '4rg~nia 24011 (703) 981-254t
IN THE COUNCIL OF THE CITY OF ROANOKE,
The 17th day of January, 1989.
No. 29432.
VIRGINIA,
A RESOLUTION rejecting all bids for construction of the ele-
vator for handicapped and related use at the Civic Center
Auditorium.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. All bids received by the City for providing and
constructing the elevator for the handicapped and related use at
the Civi~Center Auditorium are hereby REJECTED.
2. The City Clerk is directed to notify all bidders and
express to each the City's appreciation for said bids.
3. The City Manager is authorized to revise the contract
documents as deemed advisable and to cause the project to be
readvertised for bids.
ATTEST:
City Clerk
Honorable Mayor and City Council
Roanoke, Virginia
Dear Members of Council
Subject:
Bid Committee Report
Elevator for Handicapped
and Related Use
Civic Center Auditorium
710 Williamson Road, N.E.
Roanoke, Virginia
Roanoke, Virginia
January 17, 1989
I. Back~round
Ao
City Council, at its December 12, 1988 meeting, publicly
opened and read aloud the bids received to provide and
construct the Elevator for the Handicapped and Related Use at
the Civic Center Auditorium.
Five (5) bids were received with Thor, Incorporated, of
Roanoke, Virginia submitting the low bid in the amount of
$218~700.00 and 210 consecutive calendar days.
C. Elevator for Handicapped and Related Use at the Civic Center
Auditorium involves the following:
1. An elevator constructed next to the first ticket office
from the Williamson Road side.
Elevator shall serve the Exhibit Hall level, the Main
Auditorium level and the Mezzanine level of the
Auditorium. The Mezzanine is the only level with a con-
cession stand. While the elevator only serves three
levels it is the equivalent of a four story elevator,
thirty-seven feet of vertical lift.
Elevator controls are designed to operate the elevator
from the Terrace to the Exhibit Hall level; the
Auditorium may be locked out when not in use. It can
also be used to serve the Auditorium Lobby and Mezzanine
levels, locking out the Exhibit Hall level or it may be
used to serve all three levels.
Elevator platform has the capacity to move light furni-
ture (such as eight foot long folding tables and chairs)
from the storage room off the Exhibit Hall level to
either of the other two levels. (Personnel at the Civic
Center are currently carrying this furniture up and down
the steps.)
Page 2
II. Issues in order of importance are:
A. Compliance of the bidders with the requirements of the
Contract Documents.
B. Amount of the low bid.
C. Fundin~ of the project.
D. Time of completion.
III. Alternatives are:
A. Reject all bids, revise the Contract Documents and re-
advertise the project.
1. Compliance of the bidders with the requirements of the
Contract Documents was met.
2. Amount of the low bid exceeds the funding allocated for
this project.
3. Fundin~ of the project is in the Handicap Compliance
Account.
Time of completion is quoted by the iow bidder as 210
consecutive calendar days. Additional time will be
required to revise the Contract Documents and re-bid but
it will also allow the project to be constructed within
the funding available for this project.
Be
Award a lump sum contract to Thor, Inc. in the amount of
$218~700.00 and 210 consecutive calendar days in accordance
with the Contract Documents as prepared by the City
Engineer's Office.
1. Compliance of the bidders with the requirements of the
Contract Documents was met.
2. Amount of the low bid exceeds the funding allocated for
this project.
3. Fundin8 of the project would be from the Handicap
Compliance Account.
4. Time of completion is quoted as 210 consecutive calendar
days.
Page 3
IV.
Recommendation is that City Council take the following action:
A. Concur with the implementation of Alternative "A".
B. Reject all bids and authorize the City Manager to have the
Contract Documents revised and to re-advertise as soon as
possible.
Respectfully submitted,
Robert A. Garland, Chairman
William F. Clark
RAG/LBC/mm
Attachment: Tabulation of Bids
CC:
City Attorney
Director of Finance
Citizens' Request for Service
City Engineer
Construction Cost Technician
George ~. Snead, Jr.
TABULATION OF BIDS
ELEVATOR FOR HANDICAPPED
AND RELATED USE
CIVIC CENTER AUDITORIUM
710 WILLIAMSON ROAD, N.E.
ROANOKE, VIRGINIA
Bids opened before City Council on December 12, 1988 at 7:30 p.m.
BIDDER LUMP SUM BID TIME BOND
Thor, Incorporated $218,700.00 210 YES
Acorn Construction Ltd. $221,000.00 240 YES
Q. M. Tomlinson, Inc. $223,500.00 240 YES
Martin Brothers Contractors, Inc. $226,350.00 280 YES
Southwest Construction, Inc.
t/a Boxley Construction Co. $249,500.00 210 NO
Robert A. Garland, Chairman
William F. Clark
",~ C. Snead, Jr.
Office of City Engineer
Roanoke, Virginia
January 17, 1989
Roanoke, Virginia
January 17, 1989
Honorable Mayor and City Council
Roanoke, Virginia
Dear Members of Council
Subject:
Bid Committee Report
Elevator for Handicapped
and Related Use
Civic Center Auditorium
710 Williamson Road, N.E.
Roanoke, Virginia
'89 12 P2:1 t
I concur with the recommendations of the attached Bid Committee Report.
WRH/LBC/mm
Respectfully submitted,
W. Robert Herbert
City Manager
Attachment: Bid Committee Report
CC:
City Attorney
Director of Finance
Director of Public Works
Director of Administration and Public Safety
Citizens' Request for Service
City Engineer
Construction Cost Technician
Of~¢ec~ CiWCle~
December 19, 1988
File ~192-353
Mr. Robert A. Garland, Chairman
~.Ar. William F. Clark
Hr. George C. Snead, ,Ir.
Commit tee
Cent lemen:
The following bids for installation of an elevata, for han-
dicapped persons and related uses at the Roanoke Civic Center,
were opened and read before the Council of the City of Roanoke at
a regular meeting held on Monday, December 12, 19~8:
~IDDER
Thor, Incorporated
Acorn Construction, Ltd.
O. M. Tamtinson, Inc.
Martin ~rothers Contractors,
Boxley Construction Company
BASE BID TOTAL
$218,700.00
721,000.00
223,500.00
226,350.00
249,500.00
On motion, duly seconded and adopted, the bids were referred
you for tabulation, report and recommendation to Council.
to
Sandra H. Eakin
Deputy City Clerk
SItE: sw
pc:
Thor, l~corporated, P. O. ~o~ 6338 Roanoke, Virginia
24017-0338 '
Acorn Construction Ltd., P. O. ~ox ~25 Tpoutville Virginia
24175 ' '
O. M. Tomtinson, Inc., P. O. ~o~ 11724, Roanoke, Virginia
24022-1724
~fartin Brothers Contractors, Inc., ~. O. Box 533, Roanoke,
Virginia 24003-0533
Bo~ley Construction Company, P. O. ~ox $338, Roanoke,
Virginia 2~014
Mr. Wilburn C. Dibli~g, Jr., City Attorney
Room 456 Municipal ButlOincj 215 C~urch Avenue SW Roanoke Vkg~nia 24~t t (703) 981-2541
Office of r~e CiW Clem
,Tanuary 20, 1989
File #51
Hr. Edward A. Hatt
~ttorney
1919 Electric Road, S. W.
Roanoke, Virginia 24018
Dear ~r. Natt:
I am enclosing copy of Ordinance No. 29414, rezoning a 0.75 acre
tract of land located at the southeast intersection of Peters
Creek Road and Lewiston Street, N. W., designated as Official Tax
No. 6421133, from RS-l, Residential Single Family District, to
C-i, Office District, subject to certain proffered conditions,
which Ordinance No. 29414 was adopted by the Council of the City
of Roanoke on first reading on Monday, January 9, 1969, also
adopted by the Council on second reading on Tuesday, January 17,
1989, and will take effect ten days following the date of its
second reading.
Sincerely,
SHE:fa
Enc.
pc:
Sandra H. Eakin
Deputy City Clerk
Ms. Ruth B. Eades, 4561 Lewiston Street, N. W., Roanoke,
Virginia 24019
Mr. & Mrs. Robert McNichols, 5015 Williamson Road, Ho W.,
Roanoke, Virginia 24012
A Shear Experience, 2703 Peters Creek Road, N. W., Roanoke,
Virginia 24019
Melrose Baptist Church, 3520 Peters Creek Road, N. W.,
Roanoke, Virginia 24019
Mr. Wayne G. Strickland, Executive Director, Fifth Planning
District Comr. ission, P. O. Box 2569. Roanoke, Virginia 24010
Room 456 Municipal Building 21,5 C~urch A~,~nue SW Roonoke ~rg~nia 24011 (703) 981-254t
Mr. Edward A. Natt
January 20, 1989
Page 2
~4r. W. Robert Herbert, City Manager
Mr. Wilburn C. Dibling, J~., City Attorney
Ms. Katherine lIowe Jones, 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, Hoard of Zoning Appeals
Mr. William F. Clark, Director of Public Works
Mr. Kit B. Kiser, Director of Utilities and Operations
Mr. Charles ~. Huffine, City Engineer
Mr. Ronald H. Miller, Building Comsnissioner 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 17th day of January, 1989.
No. 29414.
VIRGINIA,
AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979),
as amended, and Sheet No. 642, 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 RS-i,
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 on said application by the City
Council at
thereof as
as amended, at which hearing all
given an opportunity to be heard,
rezoning; and
WHEREAS, this Council, after
tion, the recommendation made to
Commission,
its meeting on January 9, 1989, after due and timely notice
required by §36.1-693, Code of the City of Roanoke (1979),
parties in interest and citizens were
both for and against the proposed
considering the aforesaid applica-
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 $36.1-3, Code of the City of Roanoke (1979), as amended, and
Sheet No. 642 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 lying at the southeasterly
corner of the intersection of Peters Creek Road and Lewiston Street,
containing 0.75 acres, more or less, designated on Sheet No. 642 of
the Sectional 1976 Zone Map, City
6421133 be. and is hereby rezoned
District, to C-1 Office District,
of Roanoke, as Official Tax No.
from RS-l, Residential Single Family
subject to those conditions prof-
fered by and set forth in the Amended Petition to Rezone filed with
the City Clerk on November 16, 1988, and that Sheet No. 642 of the
Zone Map be changed in this respect.
ATTEST:
City Clerk.
Roanoke City Planning Commission
January 9, 1989
The Honorable Noel C. Taylor, Mayor
and Members of City Council
Roanoke, Virginia
Dear Members of Council:
Subject:
Request from The Bank of Shawsville, represented by
Edward A. Natt, attorney, that a 0.75 acre tract of land
located at the southeast intersection of Peters Creek
Road and Lewiston Street, N.W. official tax number
6421133, be rezoned from RS-l, Residential Single-Family
District, to C-l, Office District, such rezoning to be
subject to certain conditions proffered by the
petitioner.
I. Background:
Ao
Purpose of the rezoning is to permit the construction of a new
banking facility.
Bo
Petition was filed on November 7, 1988. This rezoning is
being sought in conjunction with the adjoining property
rezoning in order to create a continuous C-1 zone.
Amended petition was filed on November 16, 1988. Condition
proffered by the petitioner is as follows:
That the property will be developed in substantial
conformity with the site plan prepared by Dickson
Architects and Associates, P.C., under date of October 5,
1988, with such revisions and amendments as may be
required by the City of Roanoke during the site plan
review process. A copy of said site plan is attached
hereto as Exhibit "2".
Planning Commission public hearing was held on Wednesday,
December 12, 1988. Mr. Ed Natt, attorney, appeared before the
Commission on behalf of the petitioner. Mr. Natt stated that
the Bank of Shawsville, as contract purchaser, was proffering
the conceptual development plan. The Commission was advised
that Mr. Natt was also representing the owners of the adjacent
parcel who were seeking a rezoning in conjunction with the
subject rezoning.
r'~om 355 Municipal Building 215 Church Avenue, S.W. Raanoke, Virginia 24011 (703) 98t-2344
II.
Mr. Sowers questioned if the existing trees were considered
during conceptual plan development. Mr. Natt responded that
there were four existing trees onthe lot and that the plan
showed those trees remaining.
During discussion of the adjacent rezoning, Mrs. Goode
expressed concern about the traffic and asked if through
access could be provided. Mr. Natt stated he would consult
with his clients. Mr. Marlles stated that the further
investigation of through access and group parking could also
be pursued during comprehensive site plan review.
Mr. Marlles presented the staff recommendation for approval of
the rezoning. Staff felt that the zoning on the parcel, as
well as the adjoining parcel, was consistent with the land use
and zoning pattern in the area.
Mr. Bradshaw requested that the motion on the matter be
deferred until after the rezoning request for the adjoining
property was heard. Following that hearing the motion for
rezoning was passed.
Issues:
Zoning is presently RS-l, Residential Single Family District.
Zoning to the immediate north is RS-1 and rezoning to C-1 is
being requested for that parcel. Further north along Peters
Creek Road is RM-2, Residential Multi-Family. To the east,
RS-l, Residential Single Family zoning exists and continues
along Lewiston Street. C-l, Office District, exists to the
south along Peters Creek Road. To the west the adjoining
properties lie in Roanoke County and are a mixture of B-1 and
B-2 zoning.
Use is presently residential. To the north, south and west
along Peters Creek Road there exists mixed multi-family,
commercial, office and institutional uses. To the east along
Lewiston Street the land use is single family residential.
Utilities are available. Storm drainage along Peters Creek
Road is an issue and shall be addressed during comprehensive
site plan review.
Traffic impact is expected to be minimal. Access is from
Lewiston Street. No entrance is proposed for Peters Creek
Road. A deceleration lane on the north bound side of Peters
Creek Road approaching Lewiston Street will be required. The
design geometry for the lane shall be provided during site
plan review. Joint parking will be investigated, with the
decision to be finalized during site plan review.
Neighborhood is a mixture of commercial use along Peters Creek
Road with residential development occurring behind the
commercial areas along Peters Creek Road.
F. Comprehensive Plan recommends that:
Development of new commercial areas shall be carefully
planned and designed to promote quality development and
good land use.
Neighborhoods be protected from encroachment of
incompatible use through appropriate land use decisions
and design and buffering requirements.
III. Alternatives:
A. City Council approve the rezoning request.
Zoning changes from RS-1 to C-1. Commercial zoning along
Peters Creek Road is reasonable and consistent with past
zoning decisions.
Land use would be commercial (financial institution).
The proposed use would maintain the residential character
of the neighborhood on Lewiston Street yet be compatible
with other commercial uses on Peters Creek Road.
Utilities are available and adequate. Storm water
management would be provided on site as required by site
plan review.
4. Traffic and access could be accommodated.
Neighborhood impact would be minimal. Buffering would be
provided along adjacent residential properties.
6. Comprehensive Plan would be followed.
Neighborhood character and environmental quality
would be protected.
New commercial development would be encouraged that
is well designed and compatible with existing land
uses.
B. CitS Council denS the rezoning request.
l. Zoning would remain RS-1.
Land use would be limited to permitted uses under the
RS-l, Residential Single Family District.
3. Utilities would not be affected.
4. Traffic would not be affected.
IV.
5. Neighborhood would not be affected.
6. Comprehensive Plan could be followed.
Recommendation:
By a vote of 5-0 (Messrs. Price and Waldvogel absent), the Planning
Commission recommended approval of the rezoning request. Given the
land use and zoning patterns along Peters Creek Road, the proposed
use of the property is reasonable.
Respectfully submitted,
Paul C. Buford, Jr., Vice Chairman
Roanoke City Planning Commission
JRM:JTT:mpf
attachment
cc: Assistant City Attorney
Director of Public Works
City Engineer
Zoning Administrator/Building Commissioner
Attorney for the Petitioner
Office of ~e CiR, C~e~
November 16, 1988
Mr. Michael M. WaIdvogel
Chairman
City Planning Commission
Roanoke, Virginia
Dear ~,~fr . Wa l dvoge i
Pursuant to Section 36.1-690(e) of the Code of the City of
Roanoke (1979), as amended, [ am enclosing copy of an amended
petition from Edward A. Natt, Attorney, representing The Bank of
ShawsviiIe, requesting that a tract of iand containiny 0.75 acre
more or less, located at the southeast intersection of Peters
Creek Road and Lewiston Street, identified as Official Tax No.
6421133, be rezoned from RS-I, Residential Single Family
District, to C-I, Office District, subject to certain proffered
conditions by the petitioner.
MFP: ra
Eric,
Sincere Iy, //"~
~,tary F. Parker, CMC
City Clerk
Mr. Cdward A. Natt, Atto.ney, 1919 Electric Road,
Roanoke, Virginia 24018
~fr. John R. Marlles, Agent/Secretary, City Planning
Commission
Mr. ~onald H. Miller, Z~ning Administrator
Ms. Katherine Eowe Jones, Assistant City Attorney
Room 456 MUnl¢i~l Building 215 Church Avenue SW D.4z~nok~ Wrg~nio 24011 (703) 981-2541
VIRGINIA:
IN THE COUNCIL OF THE CITY OF ROANOKE,
VIRGINIA
IN RE:
BANK OF SHAWSVILLE
Rezoning of a tract of land lying
at the southeast corner of the
intersection of Peters Creek Road
and Lewiston Street (Tax Map
No. 6q21133) from Residential Single
Family District RS-1 to Office
District C-I, such rezoning to be
subject to certain conditions.
AMENDED PETITION
TO
REZONE
TO THE HONORABLE
CITY OF ROANOKE:
Your Petitioner, The Bank
contract purchaser of a parcel of
Roanoke containing 0.75 acres more
MAYOR AND MEMBERS OF THE COUNCIL OF THE
southeast intersection of Peters Creek Road and Lewiston
Street, Roanoke, Virginia, (Tax Map No. $4211331. Said
tract is currently zoned Residential Single Family District
RS-I. A map of the property to be rezoned is attached as
Exhibit "I".
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 from Residential
Single Family District RS-1 to Office District C-I for the
purpose of constructing a new bank facility thereon.
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
of Shawsville, is the
land in the City of
or less, located at the
it will provide for the reasonable development of the parcel
of land in the City of Roanoke for a use that is compatible
with adjoining properties and properties in the area. Said
development will provide for economic development for the
City of Roanoke.
The Petitioner hereby proffers and agrees that if
the said tract is rezoned as requested, that the rezoning
will be subject to, and that the Petitioner will abide by,
the following conditions:
1. That the property will be developed in
substantial conformity with the site plan prepared by
Dickson Architects and Associates, P.C., under date of
October 5, 1988, with such revisions and amendments as may
be required by the City of Roanoke during the site plan
review process. A copy of said site plan is attached hereto
as Exhibit "2".
Attached as Exhibit "3" are the names, addresses
and tax numbers of the owner or owners of all lots or
property immediately adjacent to or immediately across a
street or raod 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
__~__, 1988.
Respectfully submitted,
BANK OF SHAWSVILLE
P. O. Box'67
Shawsvi lie, VA 24162
~: __/~~___
r4.n12.b
this ___./_.~- .... day of
Edward A. Natt, Esquire
Osterhoudt, Ferguson, Natt,
Aheron & Agee, P.C.
1919 Electric Road, S.W.
Roanoke, VA 24018
Counsel for Bank of Shawsville
OCATION
/0
liB
Al) NUMBER 122225771
PUBLISHER'S FEE - $$2.52
EDWARD A WATT
1919 ELECTRIC RD SW
ROANOKE VA 2~018
STATE OF VIRGINIA
CITY GF ROANOKE
AFFIDAVIT OF PUBLICATION
I, (THE UNOERSIGNED) AN AUTHORIZED
REPRESENTATIVE OF THE TIMES-WORLD CDR-
PORATION, WHICH CORPORATION iS PUBLISHER
OF THE ROANOKE TIMES & WORLD-NEWS, A
DAILY NEWSPAPER PUBLISHED IN ROANOKE, IN
THE STATE OF VIRGINIA, DG CERTIFY THAT
THE ANNEXED NOTICE WAS PUBLISHED IN SAID
NEWSPAPERS ON THE FOLLOWING DATES
12/23/88 MORNING
12/30/88 MORNIN~
WITNESS, THIS 2NO DAY OF JANUARY 1989
AUTHORIZE{) SIGNATURE
bY the ~r. A ce~y of
NOTICE OF PUBLIC HEARING
TO WHOM IT MAY CONCERN:
Pursuant to the provisions of Article VII of Chapter 36.1
Code of the City of Roanoke (1979), as amended, the Council of
the City of Roanoke will hold a Public Hearing on Monday, January
9, 1989, at 7:30 p.m., in the Council Chamber in the Municipal
Building, 215 Church Avenue, S. W., in the said city, on the
question of rezoning from RS-l, Residential Single-Family
District, to C-i, Office District, the following property:
A tract of land lying at the southeasterly corner
of the intersection of Peters Creek Road and Lewiston
Street, containing 0.75 acre, more or less, and bearing
Official Tax Map No. 6421133.
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 45S,
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 21st day of December , 1988.
Mary F. Parker,
Please publish in full twice, once on
Friday, December 23, 1988, and once on
Friday, December 30, 1988, in the Roanoke
Times and World News, Morning Edition.
City Clerk
Please send publisher's affidavit to:
Please bill to:
Ms. Mary F. Parker, City Clerk
Room 456, Municipal Building
Roanoke, Virginia 24011
Mr. Edward A. Natt, Attorney
1919 Electric Road, S. W.
Roanoke, Virginia 24018
Q)f~ce of fi~e CiW Cler~
December 27, 1988
~4r. 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 Commission
recommending that the Council of the City of Roanoke grant the
request of your client, The Sank of Shawsville, that a 0.75 acre
tract of land located at the southeast intersection of Peters
Creek Road and Lewiston Street, N. W., designated as Official Tax
No. 6421133, be rezoned from RS-i, Residential Single Family
District, to C-1, Office District, subject to certain conditions
proffered by the petitione,.
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, January 9, 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 an 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.
Please review the Ordinance and if you have questions, you may
contact Ms. Katherine Howe Jones, Assistant City Attorney, at
981-2431. Questions with regard to the City Planning Corr~nission
report should be directed to Mr. John R. Marlles, Chief of
Community Planning, at 981-2344.
Sincerely, ~
Mary F. Parker, CMC
City Clerk
~FP: ra
Room 456 Municipal Builcling 215 C~urch Avenue SW Roanoke V~rg;ma 24~tl (703) 981-2541
Mr. Edward A. Natt
December 27, 1988
Page 2
~qs. Ruth B. Eades, 4561 Lewiston Street, N. W., Roanoke,
Virginia 24019
i~r. & Mrs. Robert McNichols, 5015 WilIiamson Road, N. W.,
Roanoke, Virginia 24012
A Shear Experience, 2703 Peters Creek Road, N. W., Roanoke,
Virginia 24019
Melrose Baptist Church, 3520 Peters Creek Road, N. W.,
Roanoke, Virginia 24019
Mr. Wayne G. StrickIand, Executive Director, Fifth Planning
District Commission, P. 0. Box 2569, Roanoke, Virginia 24010
Mr. W. Robert Herbert, City l~anager
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 If. 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
lit. Charles hi. Huffine, City Engineer
Mr. Ronald H. Miller, Building Corr~issioner and Zoning
Administrator
Mr. John R. Marlles, Agent/Secretary, City Planning
Commission
Ms. Doris Layne, Office of Real Estate Valuation
Roanoke City Planning Commission
January 6, 1989
The Honorable Noel C. Taylor, Mayor
and Members of City Council
Roanoke, Virginia
Dear Members of Council:
Subject:
Request from The Bank of Shawsville, represented by
Edward A. Natt, attorney, that a 0.75 acre tract of land
located at the southeast intersection of Peters Creek
Road and Lewiston Street, N.W. official tax number
6421133, be rezoned from PS-l, Residential Single-Family
District, to C-l, Office District, such rezoning to be
subject to certain conditions proffered by the
petitioner.
I. Background:
Purpose of the rezoning is to permit the construction of a new
banking facility.
Petition was filed on November 7, 1988. This rezoning is
being sought in conjunction with the adjoining property
rezoning in order to create a continuous C-1 zone.
Amended petition was filed on November 16, 1988. Condition
proffered by the petitioner is as follows:
That the property will be developed in substantial
conformity with the site plan prepared by Dickson
Architects and Associates, P.C., under date of October 5,
1988, with such revisions and amendments as may be
required by the City of Roanoke during the site plan
review process. A copy of said site plan is attached
hereto as Exhibit "2".
Do
Planning Commission public hearing was held on Wednesday,
December 12, 1988. Mr. Ed Natt, attorney, appeared before the
Commission on behalf of the petitioner. Mr. Natt stated that
the Bank of Shawsvil!e, as contract purchaser, was proffering
the conceptual development plan. The Com~nission was advised
that Mr. Natt was also representing the owners of the adjacent
parcel who were seeking a rezoning in conjunction with the
subject rezoning.
Roc~n 355 Mun~cipol [~udO~ng 215 Church Avenue S W P,~noke Virginio 24011 (703) 981 2~.4
II.
Mr. Sowers questioned if the existing trees were'considered
during conceptual plan development. Mr. Natt responded that
there were four existing trees onthe lot and that the plan
showed those trees remaining.
During discussion of the adjacent rezoning, Mrs. Goode
expressed concern about the traffic and asked if through
access could be provided. Mr. Natt stated he would consult
with his clients. Mr. Marlles stated that the further
investigation of through access and group parking could also
be pursued during comprehensive site plan review.
Mr. Marlles presented the staff recommendation for approval of
the rezoning. Staff felt that the zoning on the parcel, as
well as the adjoining parcel, was consistent with the land use
and zoning pattern in the area.
Mr. Bradshaw requested that the motion on the matter be
deferred until after the rezoning request for the adjoining
property was heard. Following that hearing the motion for
rezoning was passed.
Issues:
Zonin9 is presently RS-l, Residential Single Family District.
Zoning to the immediate north is RS-1 and rezoning to C-1 is
being requested for that parcel. Further north along Peters
Creek Road is RM-2, Residential Multi-Family. To the east,
RS-l, Residential Single Family zoning exists and continues
along Lewiston Street. C-l, Office District, exists to the
south along Peters Creek Road. To the west the adjoining
properties lie in Roanoke County and are a mixture of B-1 and
B-2 zoning.
Use is presently residential. To the north, south and west
along Peters Creek Road there exists mixed multi-family,
commercial, office and institutional uses. To the east along
Lewiston Street the land use is single family residential.
Utilities are available. Storm drainage along Peters Creek
Road is an issue and shall be addressed during comprehensive
site plan review.
Traffic impact is expected to be minimal. Access is from
Lewiston Street. No entrance is proposed for Peters Creek
Road. A deceleration lane on the north bound side of Peters
Creek Road approaching Lewiston Street will be required. The
design geometry for the lane shall be provided during site
plan review. Joint parking will be investigated, with the
decision to be finalized during site plan review.
~eighborhood is a mixture of commercial use along Peters Creek
Road with residential development occurring behind the
commercial areas along Peters Creek Road.
F. Comprehensive Plan recommends that:
Development of new commercial areas shall be carefully
planned and designed to promote quality development and
good land use.
Neighborhoods be protected from encroachment of
incompatible use through appropriate land use decisions
and design and buffering requirements.
III. Alternatives:
A. ~itS Council approve the rezoning request.
Zoning changes from RS-1 to C-1. Commercial zonina along
Peters Creek Road is reasonable and consistent wit~ past
zoning decisions.
Land use would be commercial (financial institution).
The proposed use would maintain the residential character
of the neighborhood on Lewiston Street yet be compatible
with other commercial uses on Peters Creek Road.
o
Utilities are available and adequate. Storm water
management would be provided on site as required by site
plan review.
4. Traffic and access could be accommodated.
Neighborhood impact would be minimal. Buffering would be
provided along adjacent residential properties.
6. Comprehensive Plan would be followed.
Neighborhood character and environmental quality
would be protected.
New commercial development would be encouraged that
is well designed and compatible with existing land
uses.
B. CitS Council denS the rezoning request.
1. Zoning would remain RS-1.
Land use would be limited to permitted uses under the
RS-l, Residential Single Family District.
3. Utilities would not be affected.
4. Traffic would not be affected.
5. Neighborhood would not be affected.
6. Comprehensive Plan could be followed.
IV. Recommendation:
By a vote of 5-0 (Messrs. Price and Waldvogel absent), the Planning
Commission recommended approval of the rezoning request. Given the
land use and zoning patterns along Peters Creek Road, the proposed
use of the property is reasonable.
Respectfully submitted,
Paul C. Buford, Jr., Vice Chairman
Roanoke City Planning Commission
JRM:JTT:mpf
attachment
cc: Assistant City Attorney
Director of Public Works
City Engineer
Zoning Administrator/Building Commissioner
Attorney for the Petitioner
C~ice of rne Ci~ Cler~
November 16, 1988
Mr. Michael M. WaIdvogel
Chairman
City Planning Corr~nission
Roanoke, Virginia
Dear Mr. WaIdvogel:
Pursuant to Section 36.1-690(e) of the Code of the City of
Roanoke (1979), as amended, [ am enclosing copy of an amended
petition from Edward A. Natt, Attorney, representing The Bank of
Shawsviile, requesting that a tract of land containing 0.75 acre
more or less, located at the southeast intersection of Peters
Creek Road and Lewiston Street, identified as Official Tax No.
6421133, be rezoned from RS-I, Residential Single Family
District, to C-1, Office District, subject to certain proffered
conditions by the petitioner.
Sincerely, ~
Mary F. Parker, CMC
City Clerk
MFP:ra
Enco
pc: ,~r. Edward A. Natt, Attorney, 1919 Electric Road,
Roanoke, Virginia 24018
~ir. John R. Marlles, Agent/Secretary, City Planning
Commission
Mr. ~onald H. Miller, Zoning Administrator
i~s. Katherine Howe Jones, Assistant City Attorney
Room 456 Mun~ci~:x:~l Build~ng 215 CJ~urch Avenue S W l~:x~no~e V~rg~nta 24~1 t (703) 981-2541
Of'flceof~e Ciry Cler~
November 7, 1988
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, [ am enclosing copy of a petition
from Edward A. Natt, Attorney, representing The Bank of
ShawsviIle, requesting that a tract of land containing 0.75 acre
more or less, located at the southeast intersection of Peters
Creek Road and Lewiston Street, identified as Official Tax No.
6421133, be rezoned from RS-l, Residential District, to C-1,
Commercial District, subject to certain proffered conditions by
the petitioner.
Sincerely,~ ~ ~' ~l~.~
Mary F. Pa,kef, CMC
City Clerk
MFP: r a
Enc.
pc: Mr. Edward A. Natt, Attorney, 1919 Electric aoad,
Roanoke, Virginia 24018
Mr. John R. MarIIes, Agent/Secretary, City Planning
Commission
Mr. Ronald H. Miller, Zoning Administrator
Ms. Katherine Howe Jones, Assistant City Attorney
Room 456 Municipal Building 2t5 ('~urch Avenue 5W Roanoke ~rg~nia 24011 (703) 981-2541
VIRGINIA:
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
IN RE:
BANK OF SHAWSVlLLE
Rezoning of a tract of land lying
at the southeast corner of the
intersection of Peters Creek Road
and Lewiston Street (Tax Map
No. 6421133) from Residential
District RS-I to Commercial District
C-1, such rezoning to be subject to
certain conditions.
PETITION
TO
REZONE
TO THE HONORABLE MAYOR AND MEMBERS
CiTY OF ROANOKE:
OF THE COUNCIL OF THE
Your Petitioner, The Bank of Shawsville, is the
contract purchaser of a parcel of land in the City of
Roanoke containing 0.75 acres more or less, located at the
southeast intersection of Peters Creek Road and Lewiston
Street, Roanoke, Virginia, (Tax Map No. 6421133). Said
tract is currently zoned Residential District RS-1. A map
of the property to be rezoned is attached as Exhibit "1"
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 from Residential
District RS-1 to Commercial District C-1 for the purpose of
constructing a new bank facility thereon.
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
of land
provide for the reasonable development of the parcel
in the City of Roanoke for a use that is compatible
with adjoining properties and properties in the area. Said
development will provide for economic development for the
City of Roanoke.
The Petitioner hereby proffers and agrees that if
the said tract is rezoned as requested, that the rezoning
will be subject to, and that the Petitioner will abide by,
the following conditions:
I. That the property will be developed in
substantial conformity with the site plan prepared by
Dickson Architects and Associates, P.C., under date of
October 5, 1988, with such revisions and amendments as may
be required by the City of Roanoke during the site plan
review process.
as Exhibit "2".
A copy of said site plan is attached hereto
Attached as Exhibit "3" are the names, addresses
and tax numbers of the owner or owners of all lots or
property immediately adjacent to or immediately across a
street or raod 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.
2
Respectfully submitted
Respectfully submitted,
BANK OF SHAWSVI LLE
P. O. Box 67
Shawsvi lie, VA 24162
r3.n12 .b
this ____~_ .... day of
Edward A. Natt, Esquire
Osterhoudt, Ferguson, Natt,
Aheron & Agee, P.C.
1919 Electric Road, S.W.
Roanoke, VA 24018
Counsel for Bank of Shawsville
E~HIBIT "3"
N/%IES AhD ;43ORESSES OF ADJACEN~ PROPERTY OANERS
Name.' A SHEAR EXPE~IENCE
Mailing Address: 2703 Peters Creek Road, NW, Roanoke, VA
. Tax Map No. 6421134 Zip: 24019
Name: RUTH BtACK ~
Mailing Address:
Tax MaD No. 6421132
Name: R~q~RT and ~AaRY ~II~N N~NICHOL~
Mailing Address: 501~,Williamson Rmad.
Rame: Melrose Baptist Church
4561 Lewiston Street, NW, R~oanoke, VA
Zip: 24017
Roanoke. VA
Zip: 24012
-7
Mailing Address:
Name:
3520 Peters Creek Road, NW, Roanoke, VA
Zip: 24019
Mailing Address:
Zip:
Name:
Mailing'Address:
Zip:
Name:
Mailing Address:
Zip:
Mailing Adddress:
Zip:
Name:
Mailing Address:
Zip:
C-1
7.27o8~
J~ 9
g~ I I o
I I
!
! !
/
I
DITIONAL
642 IlOI
J Iii
TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA
PERTAINING TO THE REZONING REQUES~F:! ~i
Request from The Bank of Shawsville, represented by Edward )
A. Natt, Attorney, that a tract of land containing 0.75 )
acre, more or less, located at the southeast intersection )
of Peters Creek Road and Lewiston Street, identified as )AFFIDAVIT
Official Tax No. 6421133, be rezoned from RS-l, Residential)
Single Family District, to C-l, Office District, such )
rezoning to be subject to certain conditions proffered by )
the petitioner. )
COMMONWEALTH OF VIRGINIA )
) TO-WIT:
CITY OF ROANOKE )
The affiant, Martha P. 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
28th day of November, 1988, notices of a public hearing to be held on the
7th day of December, 1988, on the rezoning captioned above to the owner or
agent of the parcels listed below at their last known address:
OWNER, AGENT OR OCCUPANT
Ruth B. Eades
Robert & Mary E. McNichols
A Shear Experience
Melrose Baptist Church
PARCEL
6421132
6421135
6421134
County
ADDRESS
4561 Lewiston Street, NW
Roanoke, VA 24019
5015 Williamson Road, NW
Roanoke, VA 24012
2703 Peters Creek Road~
Roanoke, VA 24019
3520 Peters Creek Road
Roanoke, VA 24019
P. Franklin
SUBSCRIBED AND SWORN before, a Notary Public, in the City of
Roanoke, Virginia, this 28th day of November, 1988.
My Commission Expires:
Notary Publfc
Office ot ~ne Ci~ Cler~
January 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 Ordinance No. 29415, rezoning a 0.337 acre
tract of land located on the southerly side of Peters Creek Road,
N. W., designated as Official Tax No. 6421134, from RS-l,
Residential Single Family District, to C-1, Office District, sub-
ject to certain proffered conditions, which Ordinance No. 29415
was adopted by the Council of the City of Roanoke on first
reading on Monday, January 9, 1989, also adopted by the Council
on second reading on Tuesday, January 17, 1989, and will take
effect ten days following the date of its second reading.
Sincerely,
SHE:fa
Enc.
pc:
Sandra II. Eakin
Deputy City Clerk
Mr. & Mrs. Robert W. Eades, 4561 Lewiston Street, N. W.,
Roanoke, Virginia 24019
Mr. Billie C. Padgett, 3509 Peters Creek Road, N. W.,
Roanoke, Virginia 24019
Melrose Baptist Church, 3520 Peters Creek Road, N. W.,
Roanoke, Virginia 24019
Southview Condominium Unit Owners Associations, Inc., 3531
Peters Creek Road, N. W., Roanoke, Virginia 24019
Mr. Wayne G. Strickland, Executive Director, Fifth Planning
District Corr~nission, P. O. Box 2569, Roanoke, Virginia 24010
Room 456 Municipal Built, lng 215 Church Avenue SW Roanoke. Virginia 2401 t (703) 981-254t
Mr. Edward Ao Natt
January 20, 1989
Page 2
pc:
Mro
Mr.
Ms.
Mr.
Mr.
Mr.
~r.
Mr.
Mr.
Mr.
Administrator
Mr. John R.
Commission
Ms. Doris Layne,
W. Robert Herbert, City Manager
Wilburn C. Dibling, Jr., City Attorney
Katherine Rowe Jones, Assistant City Attorney
Von W. Moody, III, Director of Real Estate Valuation
Michael M. Waldvogel, Chairman, City Planning Commission
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 R. Miller, Building Commissioner and Zoning
Marlles, Agent/Secretary, City Planning
Office of Real Estate Valuation
IN THE COUNCIL OF THE CITY OF ROANOKE,
The 17th day of January, 1989.
No. 29415.
VIRGINIA,
AN ORDINANCE to amend $36.1-3, Code of the City of Roanoke (1979),
as amended, and Sheet No. 642, 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 RS-l,
Residentiai Single Family District, to C-1 Office District, subject to
certain conditions proffered by the npplicant; 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 on said application by the City
Council at its meeting on January 9, 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. 642 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 situate on the southerly
side of Peters Creek Road, N. W., approximately 103 feet east of its
intersection with Lewiston Street, containing 0.337 acres, more or
less, designated on Sheet No. 642 of the Sectional 1976 Zone Map, City
of Roanoke~ as Official Tax No. 6421134 be, and is hereby rezoned from
RS-i, Residential Single Family District, to C-1 Office District, sub-
Ject to those conditions proffered by and set forth in the Amended
Petition to Rezone filed with the City Clerk on November 1S, 1988, and
that Sheet No. 642 of the Zone Map be changed in this respect.
ATTEST:
City Clerk.
'88 O!!O, 27 P2E 9
Roanoke City Planning Commission
January 9, 1989
The Honorable Noel C. Taylor, Mayor
and Members of City Council
Roanoke, Virginia
Dear Members of Council:
Subject:
Request from A Shear Experience, represented by Edward A.
Natt, attorney, that a 0.337 acre tract of land located
on the southerly side of Peters Creek Road, N.W.,
official tax number 6421134, be rezoned from RS-l,
Residential Single-Family District, to C-l, Office
District, such rezoning to be subject to certain
conditions proffered by the petitioner.
I. Background:
Purpose of the rezoning is to permit the operation of a hair
styling shop in the existing structure.
Petition was filed on November 7, 1988. This rezoning is
being sought in conjunction with the adjoining property
rezoning in order to create a continuous C-1 zone.
Amended petition was filed on November 16, 1988. The
conditions proffered by the petitioner are as follows:
The hair styling shop to be operated on the premises will
be operated in the existing structure. No expansion of
said structure will be undertaken.
Entrance and parking will be in accordance with the plan
drawn by the Petitioner on a survey previously prepared
by T. P. Parker and Son under date of July 5, 1985, a
copy of which is attached hereto as Exhibit "2".
That the rezoning is subject to the granting of a special
exception by the Board of Zoning Appeals pursuant to
Section 36.1-186(6) of the Roanoke City Code.
Room 355 Municipal Building 215 Church Av~Le, S.W P<x~noke, Virginia 24011 (703) 981-2344
II.
Planning Commission public hearing was held on Wednesday,
December 7, 1988. Mr. Ed Natt, attorney, appeared before the
Commission on behalf of the petitioner. Mr. Natt stated that
the subject property was immediately adjacent to the bank
property which is also being considered for rezoning and was
owned by A Shear Experience. He then reviewed the proffered
conditions for the rezoning.
Mrs. Goode expressed concern for the traffic and questioned
whether through access from the bank could be provided. Mr.
Natt stated he would consult with his clients. Further
discussion included the potential of also providing group
parking between the bank and the subject property. Mr.
Marlles stated that further investigation of through access
and group parking could also be pursued during comprehensive
site plan review.
Mr. Marlles presented the staff recommendation for approval of
the rezoning request. Staff felt that the rezoning of the
parcel, as well as the bank property, was consistent with the
land use and zoning pattern in the area.
Finally, Mrs. Goode put forth two motions - the first to
approve the Bank of Shawsville request and the second to
approve the request of A Shear Experience for a rezoning to
C-1. The motion was passed.
Issues:
Ao
Zoning is presently RS-l, Residential Single Family District.
Zoning to the north along Peters Creek Road is RM-2,
Residential Multi-Family. To the east RS-l, Residential
Single Family zoning exists and continues along Lewiston
Street. RS-l, Residential Single Family, currently exists
immediately to the south along Peters Creek Road. A rezoning
to C-1 is currently being requested for that parcel. Further
south along Peters Creek there exists a mix of C-1 and C-2
zoning. To the west the adjoining properties lie in Roanoke
County and are a mixture of B-1 and B-2 zoning.
Land use is presently residential. To the north, south and
west along Peters Creek Road there exists mixed multi-family,
commercial, office and institutional uses. To the east along
Lewiston Street the land use is single family residential.
C. Utilities are available.
D. Traffic impact is expected to be minimal.
Neighborhood is a mixture of commercial use along Peters Creek
Road with residential development occurring behind commercial
areas along Peters Creek Road.
F. Comprehensive Plan recommends that:
Development of new commercial areas shall be carefully
planned and designed to promote quality development and
good land use.
Neighborhoods should be protected from encroachment of
incompatible use through appropriate land use decisions
and design and buffering requirements.
III. Alternatives:
A. City Council approve the rezoning request.
Zoning changes from RS-1 to C-l, with conditions.
Commercial zoning along Peters Creek Road is reasonable
and consistent with past zoning decisions.
Land use would be commercial, permitted by special
exception. Any change in use would require additional
action by Planning Commission. The proposed use would
maintain the residential character of the neighborhood on
Lewiston Street yet be compatible with other commercial
uses on Peters Creek Road.
3. Utilities are available and adequate.
Traffic and access could be accommodated. Joint parking
and through access will be investigated with a decision
to be finalized during site plan review.
Neighborhood impact would be minimal. Buffering would be
provided along adjacent residential properties.
6. Comprehensive Plan would be followed.
Neighborhood character and environmental quality
would be protected.
b. New commercial development would be encouraged.
B. City Council deny the rezoning request.
1. Zoning would remain RS-1.
Land use would be limited to permitted uses under the
RS-1.
3. Utilities would not be affected.
4. Traffic would not be affected.
5. Neighborhood would not be affected.
6. Comprehensive Plan could be followed.
IV. Recommendation:
By a vote of 5-0 (Messrs. Price and Waldvogel) the Planning
Commission recommended approval of the rezoning request. Given the
land use and zoning patterns along Peters Creek Road, the proposed
use of the property is reasonable.
Respectfully submitted,
Paul C. Buford, Jr., Vice Chairman
Roanoke City Planning Commission
JRM:JTT:mpf
attachment
cc: Assistant City Attorney
Director of Public Works
City Engineer
Zoning Administrator/Building Commissioner
Attorney for the Petitioner
~iovember 16, 1988
Mr. Michael ~. Waldvogel
Chairman
City Planning Co.mission
Roanoke, Virginia
Dear ~r. WaldvogeI:
Pursuant to Section 36.1-690(e) of the Code of the City of
Roanoke (1979), as amended, [ am enclosing copy of an amended
petition from Edward A. Natt, Attorney, representing A Shear
Experience, a Virginia General Partnership, requesting that a
tract of land situate on the southerly side of Peters Creek Road,
containing 0.337 acre more or less, approximately 103 feet east
of its intersection with Lewiston Street, identified as Official
Tax No. 6421134, be rezoned from RS-I, Residential Single Family
District, to C-1, Office District, subject to certain proffered
conditions by the petitioner.
MFP: ra
Enc.
pc:
Sincerely, ~~
Mary F. Parker, CMC
City Clerk
Mr. Edward A. Natt, Attorney, I919 Electric ~oad,
Roanoke, Virginia 24018
~ro John R. ~MarlIes, Agent/Secretary, Cit~ Planning
Commission -
Mr. RonaId H. Miller, Zoning Administrator
Ms. Katherine Howe Jones, Assistant City Attorney
Se
Room 456 Municil~al Builair~ 215 Church A',,~,nu~ S W Roanoke ~rc~nia 24011 (703) 981-2.54~1
VIRGINIA:
IN THE COUNCIL OF THE CITY OF ROANOK[~_VIRCINIA
IN RE:
A
A
SHEAR EXPERIERCE
Virginia General Parternership
Rezoning of a tract of land situate
on the southerly side of Peters
Creek Road, approximately 103 feet
east of its intersection with
Lewiston Street in the City of
Roanoke from Residential Single
Family District RS-I to Office
District C-I such rezoning is
subject to certain conditions.
AMENDED PETITION
TO
REZONE
TO THE HONORABLE
CITY OF ROANOKE:
MAYOR AND MEMBERS OF THE COUNCIL OF THE
Your Petitioner, A Shear Experience, a Virginia
General Partership, is the owner of a parcel of land situate
n the City of Roanoke containing 0.337 acres more or less,
ocated on the southerly side of Peters Creek Road
approximately 103 feet east of its intersection with
Lewiston Street, City of Roanoke, Virginia (Tax Map No.
6421134). Said tract is currently zoned Residential Single
Family District RS-1. A map of the property to be rezoned
s attached as Exhibit "1"
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 from Residential
Single Family District RS-I to Office District C-! for the
purpose of operating a hair styling shop thereon.
The Petitioner believes the rezoning of the said
tract of land will further the intent and purposes of the
City's Zoning Ordinance and its comprehensive plan, in that
it will provide for a reasonable use of the parcel of land
in the City of Roanoke with a use that is compatible with
adjoining properties and properties in the area. Said
development will provide for economic development for the
City of Roanoke.
The Petitioner hereby proffers and agrees that if
the said tract is rezoned as requested, that the rezoning
will be subject to, and that the Petitioner will abide by,
the following conditions:
1. That the hair styling shop to be operated on
the premises will be operated in the existing structure.
No expansion of said structure will be undertaken.
2. Entrance and parking will be in accordance
with the plan drawn by the Petitioner on a survey previously
prepared ~by T. P. Parker and Son under date of July 5, 1985,
a copy of which is attached hereto as Exhibit "2".
3. That the rezoning is subject to the granting
of a special exception by the Board of Zoning Appeals
)ursuant to Section 36.1-186(6) of the Roanoke City Code.
2
Attached as Exhibit "3" are the names, addresses
numbers of the owner or owners of all lots or
immediately adjacent to or immediately across a
and tax
property
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
Roanoke.
Respectfully
,988.
the Zoning Ordinance of the City of
submitted this I~- day of
Respectfully submitted,
ounse I
Edward A. Natt, Esquire
Osterhoudt, Ferguson, Natt,
Aheron & Agee, P.C.
1919 Electric Road, S.W.
Roanoke, VA 24018
Counsel for A Shear Experience
A SHEAR EXPERIENCE
2703 Peters Creek Road
Roanoke, VA 24019
r3.n19.b
3
o~
APARTMENTS
d: )'r 35.6
N". G4.Z. II
LOT 35.
LOT
PROPE. R.'~ ~
~,~. ~RL~'~ BLACK E. ADE, c.
DAVID C. FELTS
LOT 3S_15 SOUTHVIF',/~/ ADDITION P.B. 3, PG. 5'I
~OA hJOK E,
VIRGINIA
N,". $' ,ISaac tALC./'7'~ BY: T. P. PARKER & SON
DRAWN CK'D ~ ENGINEERS & SURVEYORS , LTD.
SALE¥ , VIRGINIA
LEGAL R~.F.n.B.
SCALE:
DATE: .JUL. Y' 5 t 108~.-
OCATI
!1103
'~21104l
III
m~NOKc TI~'~S & ~CRL'O-Nk~S
A~I NUMBER 122225957
PUBLISHER'S FEE $85.8b
EDWARD A NATT
1919 ELt:CTRIC RD S~
ROANOKE VA 24018
STATE OF VIRGINIA
CiTY OF ROANOKE
AFFIDAVIT OF PUBLICATION
I, ITHE UNDERSIGNED) AN AUTHORIZED
REPRESENTATIVE OF THE TIMES-WORLD COR-
PORATION~ WHICH CORPORATION IS PUBLISHER
OF THE ROANOKE TIMES & WORLO-NE~S~ A
DAILY NEWSPAPER PUBLISHED IN ROANOKE9 IN
THE STATE OF VIRGINIA, DO CERTIFY THAT
THE ANNEXED NOTICE WAS PUBLISHED IN SAID
NEWSPAPERS ON THE FOLLOWING DATES
12/23/88 MORNING
12/30/88 MORNING
~iTNESS9 THIS 2ND DAY OF JANUARY 1989
No'r K:E O~
NOTICE OF PUBLIC HEARING
TO WHOM IT MAY CONCERN:
Pursuant to the provisions of Article VII of Chapter 36.1
Code of the City of Roanoke (1979), as amended, the Council of
the City of Roanoke will hold a Public Hearing on Monday, January
9, 1989, at 7:30 p.m., in the Council Chamber in the Municipal
Building,
question
District,
215 Church Avenue, S. W., in the said
of rezoning from RS-l, Residential
city, on the
Single-Family
to C-l, Office District, the following property:
A tract of land situate on the southerly side of
Peters Creek Road, N. W., approximately 103 feet from
its intersection with Lewiston Street, containing 0.337
acre, more or less, and bearing City of Roanoke
Official Tax No. 6421134.
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 21st day of December ,1988 .
Mary F. Parker,
Please publish in full twice, once on
Friday, December 23, 1988, and once on
Friday, December 30, 1988, in the Roanoke
Times and World News, Morning Edition.
City Clerk
Please send publisher's affidavit to:
Please bill to:
Ms. Mary F. Parker, City Clerk
Room 456, Municipal Building
Roanoke, Virginia 24011
Mr. Edward A. Natt, Attorney
1919 Electric Road, S. W.
Roanoke, Virginia 24018
C~ce of ~e City ~ler~
December 27, 1988
Mr. Edward A. Natt
Attorney
1919 Electric Road, S. W.
Roanoke, Virginia 24018
Dear }lr. Natt:
I am enclosing copy of a report of the City Planning Corr~ission
recommending that the Council of the City of Roanoke grant the
request of your client, A Shear Experience, that a 9.337 acre
tract of land located on the southerly side of Peters Creek Road,
N. W., designated as Official Tax No. 6421134, be rezoned from
RS-l, Residential Single Family District, to C-1, Office
District, subject to certain conditions proffered by the
petitioner.
Pursuant to Resolution No. ~5523 adopted by the Council of the
City of Roanoke at a regular meeting held on Monday, April 6,
19~I, a public hearing on the abovedescribed reouest has been set
for Monday, January 9, 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 p.epared by the City Attorney's Office.
Please review the Ordinance and if you have questions, you may
contact Ms. Katherine Howe Jones, Assistant City Attorney, at
981-2431. Questions with regard to the City Planning Commission
report should be directed to Mr. John R. Martles, Chief of
Community Planning, at 981-2344.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:ra
Room 456 Municipal Buiidin9 215 C~urch Avenue SW Roanoke Virg~nia 2401t (703) 981-2541
Mr. Edward A. Natt
December 27, 1988
Page 2
pc:
Mr. & Mrs. Robert W. Eades, 4561 Lewiston Street, N. W.,
Roanoke, Virginia 24019
Mr. BiIlie Co Padgett, 3509 Peters Creek Road, N. W.,
Roanoke, Virginia 24019
Melrose Baptist Church, 3520 Peters Creek Road, N. W.,
Roanoke, Virginia 24019
Southview Condominium Unit Owners Associations, THC., 3531
Peters Creek Road, N. W., Roanoke, Virginia 24019
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
Ms. Katherine Howe Jones, Assistant City Attorney
Mr. Von W. Moody, III, Director of Real Estate Valuation
~4r. Michael M. Waldvogel, Chairman, City Planning Commission
Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals
~r. William F. Clark, Director of Public Works
Mr. Kit B. Kiser, Director of Utilities and Operations
~r. Charles M. ftuffine, City Engineer
Mr. Ronald H. Miller, Building Corrrnissioner and Zoning
Administrator
Mr. John R. Marlles, Agent/Secretary, City Planning
Commission
Ms. Doris Layne, Office of Real Estate Valuation
Roanoke Cih/Planning Commission
January 6, 1989
The Honorable Noel C. Taylor, Mayor
and Members of City Council
Roanoke, Virginia
Dear Members of Council:
Subject:
Request from A Shear Experience, represented by Edward A.
Natt, attorney, that a 0.337 acre tract of land located
on the southerly side of Peters Creek Road, N.W.,
official tax number 6421134, be rezoned from RS-l,
Residential Single-Family District, to C-l, Office
District, such rezoning to be subject to certain
conditions proffered by the petitioner.
I. Background:
Purpose of the rezoning is to permit the operation of a hair
styling shop in the existing structure.
Petition was filed on November 7, 1988. This rezoning is
being sought in conjunction with the adjoining property
rezoning in order to create a continuous C-1 zone.
Ce
Amended petition was filed on November 16, 1988. The
conditions proffered by the petitioner are as follows:
The hair styling shop to be operated on the premises will
be operated in the existing structure. No expansion oF
said structure will be undertaken.
Entrance and parking will be in accordance with the plan
drawn by the Petitioner on a survey previously prepared
by T. P. Parker and Son under date of July 5, 1985, a
copy of which i~ at+ache~ hereto as Exhibit "2".
o
That the rezoning is subject to the granting of a special
exception by the Board of Zoning Appeals pursuant to
Section 36.1-186(6) of the Roanoke City Code.
Room 355 MumclpoI Building 215 Church Avenue S W Roanoke, Virginia 24011 (7C0) 981-2344
II.
Planning Commission public hearing was held on W6dnesday,
December 7, 1988. Mr. Ed Natt, attorney, appeared before the
Commission on behalf of the petitioner. Mr. Natt stated that
the subject property was immediately adjacent to the bank
property which is also being considered for rezoning and was
owned by A Shear Experience. He then reviewed the proffered
conditions for the rezoning.
Mrs. Goode expressed concern for the traffic and questioned
whether through access from the bank could be provided. Mr.
Natt stated he would consult with his clients. Further
discussion included the potential of also providing group
parking between the bank and the subject property. Mr.
Marlles stated that further investigation of through access
and group parking could also be pursued during comprehensive
site plan review.
Mr. Marlles presented the staff recommendation for approval of
the rezoning request. Staff felt that the rezoning of the
parcel, as well as the bank property, was consistent with the
land use and zoning pattern in the area.
Finally, Mrs. Goode put forth two motions - the first to
approve the Bank of Shawsville request and the second to
approve the request of A Shear Experience for a rezoning to
C-1. The motion was passed.
Issues:
Zoning is presently RS-l, Residential Single Fa~;ily District.
Zoning to the north along Peters Creek Road is RM-2,
Residential Multi-Family. To the east RS-l, Residential
Single Family zoning exists and continues along Lewiston
Street. RS-l, Residential Single Family, currently exists
immediately to the south along Peters Creek Road. A rezoning
to C-1 is currently being requested for that parcel. Further
south along Peters Creek there exists a mix of C-1 and C-2
zoning. To the west the adjoining properties lie in Roanoke
County and are a mixture of B-1 and B-2 zoning.
Land use is presently residential. To the north, south and
west along Peters Creek Road there exists mixed multi-family,
commercial, office and institutional uses. To the east along
Lewiston Street the land use is single family residential.
¢. Utilities are available.
D. Traffic impact is expected to be minimal.
Eo
Neighborhood is a mixture of commercial use along Peters Creek
Road with residential development occurring behind commercial
areas along Peters Creek Road.
F. Comprehensive Plan recommends that:
Development of new commercial areas shall be carefully
planned and designed to promote quality development and
good land use.
Neighborhoods should be protected from encroachment of
incompatible use through appropriate land use decisions
and design and buffering requirements.
III. Alternatives:
A. City Council approve the rezoning request.
Zoning changes from RS-1 to C-l, with conditions.
Commercial zoning along Peters Creek Road is reasonable
and consistent with past zoning decisions.
Land use would be commercial, permitted by special
exception. Any change in use would require additional
action by Planning Commission. The proposed use would
maintain the residential character of the neighborhood on
Lewiston Street yet be compatible with other commercial
uses on Peters Creek Road.
3. Utilities are available and adequate.
Traffic and access could be accommodated. Joint parking
and through access will be investigated with a decision
to be finalized during site plan review.
Neighborhood impact would be minimal. Buffering would be
provided along adjacent residential properties.
6. Comprehensive Plan would be followed.
ao
Neighborhood character and environmental quality
would be protected.
b. New commercial development would be encouraged.
City Council denS the rezoning request.
1. Zoning would remain RS-1.
Land use would be limited to permitted uses under the
RS-1.
o
Utilities would not be affected.
4. Traffic would not be affected.
5. Neighborhood would not be affected.
6. Comprehensive Plan could be followed.
IV. Recommendation:
By a vote of 5-0 (Messrs. Price and Waldvogel) the Planning
Commission recommended approval of the rezoning request. Given the
land use and zoning patterns along Peters Creek Road, the proposed
use of the property is reasonable.
Respectfully submitted,
Paul C. Buford, Jr., Vice Chairman
Roanoke City Planning Commission
JRM:JTT:mpf
attachment
cc: Assistant City Attorney
Director of Public Works
City Engineer
Zoning Administrator/Building Commissioner
Attorney for the Petitioner
Office o~ ~,e City C~e~
~4ovember 16, 1988
Mr. Michael ,~. WaldvogeI
Chairman
City Planning Commission
Roanoke, Virginia
Dear Hr. Waldvogei
Pursuant to Section 36.1-690(e) of the Code of the City of
Roanoke (1979), as amended, [ am enclosing copy of an amended
petition from Edward A. Natt, Attorney, representing A Shear
Experience, a Virginia General Partnership, requesting that a
tract of land situate on the southerly side of Peters Creek Road,
containing 0.337 acre more or less, approximately 103 feet east
of its intersection with Lewiston Street, identified as Official
Tax No. 6421134, be rezoned from RS-l, Residential Single Family
District, to C-I, Office District, subject to certain proffered
conditions by the petitioner.
MFP:ra
Enc.
pc:
Sincerely,
Mary F. Parker, CMC
City Clerk
Mr. Edward A. Natt, Attorney, 1919 Electric Road,
Roanoke, Virginia 24018
~r. John R. MarlIes, Agent/Secretary, City Planning
Commission '
Mro Ronald H. Miller, Zoning Administrator
Ms. Katherine Howe Jones, Assistant City Attorney
Se
Room 456 Municil~ai BuilOir~ 215 C'~urch Avenue. SW Roanoke '~4rg~nia 24~11 (703) 981-254t
C)~ce of~',e CJ~'yC[e~
November 16, 1988
Mr. Michael M. WaIdvogel
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, [ am enclosing copy of an amended
petition from Edward A. Natt, Attorney, representing A Shear
Experience, a Virginia General Partnership, requesting that a
tract of land situate on the southerly side of Peters Creek Road,
containing 0.337 acre more or tess, approximately 103 feet east
of its intersection with Lewiston Street, identified as Official
Tax No. 6421134, be rezoned from RS-l, Residential Singie Family
District, to C-1, Office District, subject to certain proffered
conditions by the petitioner.
Sincerely, /~~
Mary F. Parker, CMC
City Clerk
MFP:ra
Enc·
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
Ms. Katherine ttowe Jones, Assistant City Attorney
Room 456 Municipal Building 215 C~urch Avenue SW Roanoke ~rg,nio 2401t (703) 981-2541
C~ce of the City Cle~
November 7, 1988
Mr. Michael M. Waldvogel
Chairman
City Planning Commission
Roanoke, Virginia
Dear Mr. WaIdvo3eI
Pursuant to Section 36.1-690(e) of the Code of the City of
Roanoke (1979), as amended, [ am enclosing copy of a petition
from Edward A. Natt, Attorney, representing A Shear Experience, a
Virginia General Partnership, requesting that a tract of land
situate on the southerly side of Peters Creek Road, containing
0.337 acre more or less, approximately 103 feet east of its
intersection with Lewiston Street, identified as Official Tax No.
6421134, be rezoned from RS-i, Residential District, to C-1,
Commercial District, subject to certain proffered conditions by
the petitioner.
Sincerely. ~~
Mary F. Parker, CMC
City Clerk
MFP:ra
pc: Mr. Edward A. Natt, Attorney, 1919 Electric Road,
~oanoke, Virginia 24018
Mr. John R. Marlles, Agent/Secretary, City Planning
Commission
~r. RonaId H. Miller, Zoning Administrator
Ms. Katherine Howe Jones, Assistant City Attorney
Room 456 Municipal Building 215 C'~urch Avenue SW Roanoke ~,~rc~nia 2401 t (703) 98%2§4t
VIRGINIA:
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
IN RE:
A SHEAR EXPERIERCE
A Virginia General Parternership
Rezoning of a tract of land situate
on the southerly side of Peters
Creek Road, approximately 103 feet
east of its intersection with
Lewiston Street in the City of
Roanoke from Residential District
RS-I to Commercial District C-1
such rezoning is subject to
certain conditions.
PETITION
TO
REZONE
TO THE HONOPJ~BLE MAYOR AND MEMBERS OF THE COUNCIL OF THE
CITY OF ROANOKE:
Your Petitioner, A Shear Experience, a Virginia
General Partership, is the owner of a parcel of land situate
in the City of Roanoke containing 0.337 acres more or less,
located on the southerly side of Peters Creek Road
approximately 103 feet east of
Lewiston Street, City of Roanoke,
6421134. Said tract is currently
its intersection with
Virginia (Tax Map No.
zoned Residential District
RS-1. A map of the property to be rezoned is attached as
Exhibit "1"
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 from Residential
District RS-1 to Commercial District C-1 for the purpose of
operating a hair styling shop thereon.
The Petitioner believes the rezoning of the said
tract of land will further the intent and purposes of the
City's Zoning Ordinance and its comprehensive plan, in that
it will provide for a reasonable use of the parcel of land
in the City of Roanoke with a use that is compatible with
adjoining properties and properties in the area. Said
development will provide for economic development for the
City of Roanoke.
The Petitioner hereby proffers and agrees that if
the said tract is rezoned as requested, that the rezoning
will be subject to, and that the Petitioner will abide by,
the following conditions:
1. That the hair styling shop to be operated on
the premises will be operated in the existing structure.
No expansion of said structure will be undertaken.
2. Entrance and parking will be in accordance
with the plan drawn by the Petitioner on a survey previously
prepared by T. P. Parker and Son under date of July 5, 1985,
a copy of which is attached hereto as Exhibit "2".
Attached as Exhibit "3" are the names, addresses
and tax numbers of the owner or owners of all lots or
property immediately adjacent to or immediately across a
street or road from the property to be rezoned.
WHEREFORE, the
above-described tract be
with the
Roanoke.
provisions of
Respectfully
1988.
Petitioner requests that the
rezoned as requested in accordance
the Zoning Ordinance of the City of
submitted this ~ day of
Respectfully submitted,
Of Counse I
Edward A. Natt, Esquire
Osterhoudt, Ferguson, Natt,
Aheron & Agee, P.C.
1919 Electric Road, S.W.
Roanoke, VA 24018
Counsel for A Shear Experience
A SHEAR EXPERIENCE
2703 Peters Creek Road
Roanoke, VA 24019
r3.n19.b
3
LIST OF ADJACENT PROPERTY OWNERS
Adjacent property owners are mailed a notice of the'request.
Please provide each owner's name and mailing address for every
property adjacent to and directly across from any public right-
of-way. Names and addresses are available in the County Assessor's
Office, Room 300, Roanoke County Administration Center.
Name: N088RT W. and RIJTH BLACK
Mailing Address: 4561 Lewiston Street,
Roanoke, VA
Name: BILLIE C. P~II
Zip: 24019
Mailing Address: 3509 Peters Creek R Dad, NW
Roanoke, VA Zip: 24019
Name: M~L}%0SEBA~ISTCHURCH
Mailing Address: 3320 Peters Creek Road, NW
RDanoke, VA Zip: 24019
Name: S(]~IEW~INILA4SUNITCIANERSASSOCIATION, INC.
Mailing Address: 3531 Peters Creek R~d
Roanoke, VA Zip: 24019
Name:
Mailing Address:
Zip:
Name:
Mailing~ddress:
Zip:
Name:
Mailing Address:
Zip:
Mailing Adddress:
Zip:
Name:
Mailing Address:
Zip:
C-I
287[5
7.27-87
,.uo
~O~3THVI~,W APARTMENTS
~I:OT 35.6
o.~7 AC:.
LOT 34-
PROP£FL'~'( Olr
DAVID C. FELTS
OF LOT 3E,.E~ $OLITHVIEW ADDITION P.B. 3,, P(a. Sq
I
N.". $' IlS ~:~' ~l
DRAWN DR£ , , ·
LEGAL,
ROANOKE,
VIRGINIA
BY: T. P. PARKER & SON ,CALE:
ENGINEERS & SURVEYORS ,LTD. DATE:
SALEM , VIRGINIA W.O.
TO THE CITY CLERK OF THE CITY OF~ROANOKE, VIRGINIA
PERTAINING TO THE REZONING REQ~STOF:-
Request from A Shear Experience, represented by Edward A.
Natt, Attorney, that a 0.337 acre tract of land located
on the southerly side of Peters Creek Road, N.W., Official
Tax No. 6421134, be rezoned from RS-l, Residential Single
Family District, to C-l, Office District, such rezoning to
be subject to certain
COMMONWEALTH OF VIRGINIA )
)
CITY OF ROANOKE )
)
)
)AFFI-
)DAVIT
)
conditions proffered by the petitioner.)
TO-WIT:
The affiant, Martha P. 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
28th day of November, 1988, notices of a public hearing to be held on the
7th day of December, 1988, on the rezoning captioned above to the owner or
agent of the parcels listed below at their last known address:
PARCEL
6421132
6421133
County
6491100
OWNER, AGENT OR OCCUPANT
Robert W. & Ruth B. Eades
Billie C. Padgett
Melrose Baptist Church
Southview Condominium Unit
Owners Association, Inc.
ADDRESS
4561Lewiston Street, NW
Roanoke, VA 24019
3509 Peters Creek Road
Roanoke, VA 24019
3520 Peters Creek Road
Roanoke, VA 24019
3531 Peters Creek Road
Roanoke, VA 24019
Martha P. Franklin
SUBSCRIBED AND SWORN before, a Notary Public, in the City of
Roanoke, Virginia, this 28th day of November, 1988.
Notary Publfc
My Commission Expires:
Office of the Ci'~' Cle~
January 20, 1989
File ~51
Mr. John Fulton
Balzer and Associates
16 South College Avenue
Salem, Virginia 24153
Dear Mr. Fulton:
I am enclosing copy of Ordinance No. 29416, rezoning a tract of
land located on Hemlock Road, N. W., containing 6.76 acres, more
or less, designated as Official Tax No. 6040504, from RS-2,
Residential Single Family District, to R~-3, Residential
Multi-Family, High Density District, subject to certain proffered
conditions, which Ordinance No. 29416 was adopted by the Council
of the City of Roanoke on first reading on ~ionday, January 9,
1989, also adopted by the Council on second reading on Tuesday,
January 17, 1989, and will take effect ten days following the
date of its second reading.
Sincerely,
SHE: r a
Enc.
pc:
Sandra H. Eakin
Deputy City Clerk
Mr. Elwood Higley, 757 Hemlock Road, N. W., Roanoke,
Virginia 24017
~r. ~ Afrso Kenneth Bevins, 759 Hemlock Road, N. W.,
Virginia 24017
~$. Ann Willard, 4815 Autumn Lane, N. W., Roanoke,
24017
Mr. & Mrs. Harry A. Lloyd, 4943 Oak Road. N.
Virginia 24017
Calvary United Methodist Church, 845 Hemlock
Virginia 24153
Roanoke,
Virginia
W., Roanoke,
Road, Salem,
Room 4.~6 Municipal Buildin~j 215 C~urch Avenue SW Roano~e ',/irg~nia 240'~ t (703) 981-254t
Mr. John Fulton
January 20, 1989
Page 2
pc:
Mr. & Mrs. John Deaner,.,655 Hemlock Road, Salem, Virginia
24153
Roanoke County Board of Supervisors, 3738 Brambleton Avenue,
S.W., Roanoke, Virginia 24018
Heirs of J. Lewis Lloyd, Mr. Dean S. Lloyd, Trustee, 605
Third Street, S. E., Roanoke, Virginia 24013
Mr. & Mrs. Dennis Ro Fix, 2101 Catlett Drive, Salem,
Virginia 24153
Ms. Clersie I. Crabtree, 2100 Catlett Drive, Salem, Virginia
24153
Mr. Wayne G. Strickland, Executive Director, Fifth Planning
District Corr~ission, P. O. 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 Corr~ission
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
Corr~ission
Ms. Doris Layne, Office of Real Estate Valuation
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 17th day of January, 1989.
No. 29416.
AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979),
as amended, and Sheet No. 604, 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 RS-2,
Residential Single Family District, to RM-3, Residential Multi-Family,
High Density District, subject to certain conditions proffered by the
applicant; and
WHEREAS, the City Planning Co~ission, which after giving proper
notice to all concerned as required by ~36.1-893, 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 on
Council at its meeting on January 9, 1989,
thereof as required by ~36.1-893, Code of
said application by the City
after due and timely notice
the City of Roanoke (1979),
as amended, at which hearing all parties in interest and citizens were
given an opportunity to be heard, both for and against the proposed
rezoning; and
WHEREAS, this Council, after considering the aforesaid 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. 604 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 lying on the west side of
Hemlock Road, N.W., containing 6.76 acres, more or less, designated on
Sheet No. 604 of the Sectional 1976
Official Tax No. 6040504 be, and is
Residentiai Single Family District,
Zone Map, City of Roanoke, as
hereby rezoned from RS-2,
to RM-3, Residential Multi-Family,
High Density District, subject to those conditions proffered by and
set forth in the Amended Petition to Rezone filed with the City Clerk
on December 28, 1988, and that Sheet No. 604 of the Zone Map be
changed in this respect.
ATTEST:
City Clerk.
CiTY Cii-,~{'- :' !
Roanoke City Planning Commission
January 9, 1989
The Honorable Noel C. Taylor, Mayor
and Members of City Council
Roanoke, Virginia
Dear Members of Council:
Subject:
Request from Valley Care Corporation, represented by John
Fulton, Balzer and Associates, that a tract of land
located on Hemlock Road, N.W., Official Tax No. 6040504,
be rezoned from RS-2, Residential Single Family District
to RM-3, Residential Multi-Family, High Density District,
such rezoning to be subject to certain conditions
I. Background:
Purpose of the rezoning is to permit construction and
operation of a group care facility for the elderly.
Petition to rezone was filed on November 16, 1988. The
conditions proffered by the petitioner are as follows:
That a special exception will be sought from the Board of
Zoning Appeals after rezoning to permit the operation of
a group care facility.
That the property will be developed in substantial
compliance with the site plan prepared by Balzer and
Associates, Inc., dated November 16, 1988, a copy of
which is attached to the Petition for Rezoning as Exhibit
B, subject to any changes required by the City during
site plan review.
That if no building permit has been issued and no
construction commenced within 3 years from the date of
final zoning approval, the zoning shall revert to RS-2
without further action by City Council.
Co
Amended petition was filed following the Planning Commission
public hearing. The following change to the first proffered
condition was offered. The change is as follows:
That the rezoning is being sought for the sole purpose of
the operation of a group care facility.
Room 355 Municipal Building 215 Chura~ Avenue, SW. Roanoke, Virginia 24011 (703) 981-2344
II.
Do
Planning Commission public hearing was held on Wednesday,
December 7, 1988. Mrs. Patricia Torbert, Balzer and
Associates, appeared before the Commission. Mrs. Joyce Paul,
president of the Board of Directors, Unity of Roanoke Valley
Church, was also present and addressed the Commission as a
representative for the petitioner. Mrs. Torbert explained the
scope of the project, reviewed the proffers and advised the
Commission that a neighborhood meeting had been held on
Monday, December 5, 1988, at the Calvary United Methodist
Church. According to Mrs. Torbert the meeting was attended by
23 neighbors. The major concerns expressed at the meeting
related to traffic and utility availability. Mrs. Torbert
explained that every effort was made to address these concerns
at the conceptual development stage and that more detailed and
specific solutions would be forthcoming as final site plan and
construction documents were prepared.
Mrs. Joyce Paul addressed the Commission and explained the
type of facility and service that would be provided to the
elderly. Mrs. Paul also explained that although there was six
acres of land associated with the proposed development, there
were only 60 total units planned for the site. This situation
is also controlled by the ordinance which allows 1 unit for
every 1,800 square feet of land area and also requires 200
square feet of open space for every unit. These restrictions
alone require approximately 3 acres of land to be held open.
Mr. Bradshaw questioned the availability of utilities. Staff
advised Mr. Bradshaw that although there are no utilities
currently available in the right-of-way directly in front of
the site, utilities could be extended without difficulty.
Several adjoining property owners addressed the Commission to
express concerns relating to storm drai~,a~, traffic and
utilities. Specific solutions to these concerns will be
developed during final site plan review.
Mr. Bradshaw questioned whether the petitioner would be better
served by limiting the use to a group care facility only.
Mrs. Paul agreed and volunteered to amend the proffered
statement to reflect that limited use.
Mr. Marlles gave the staff report recommending approval of the
rezoning request. Staff noted that the mixed land uses of the
neighborhood and the need for the type of housing in that area
of the City justified the rezoning.
Issues:
Zoning is presently RS-2, Residential Single Family.
Adjoining zoning to the north is RS-3. To the south and east
the zoning is RS-2. To the west the adjoining properties lie
in the City of Salem and these properties are also zoned
residential. The City of Salem supports the rezoning.
Land use is presently vacant residential. To the north and
east the existing land use is residential single family.
Adjoining the parcel to the south, the land use is
institutional (church). To the west, in the City of Salem,
the land use is vacant residential.
Utilities are not available in the right-of-way of Hemlock
Road but can be provided to the site. Water is available and
could be provided at standard City rates. No City sewer is
available but access to Salem sewer could be provided.
Do
Traffic impact is expected to be minimal. Furthermore, the
proposed Peters Creek Road Extension has the potential to
reduce current traffic volumes on Hemlock Road.
Neighborhood is a mix of churches, multi-family, and single
family residents. No formal neighborhood organization exists
in this area.
Comprehensive Plan recommends that neighborhoods should be
protected from encroachment of incompatible use through
appropriate land use decisions and design and buffering
requirements.
III. Alternatives:
A. City Council approve the rezoning request.
1. Zonin~ changes to RM-3.
Land use would remain residential, with a special
exception for group homes.
Utilities could be provided by the City through
agreements with the City of Salem.
4. Traffic and access can be provided.
Neighborhood impact would be minimal. Buffering would be
provided where needed and building is to be sited to
further minimize the impact on the surrounding area.
Comprehensive Plan would be followed. The neighborhood
character and environmental quality would be protected.
B. CitS Council denS the rezoning request.
1. Zoning would remain RS-2.
2. Land use would be limited to RS-2 permitted uses.
3. Utilities would not be affected.
4. Traffic would not be affected.
5. Neighborhood would not be affected.
6. Comprehensive Plan could be followed.
IV. Recommendation:
By a vote of 5-0 (Messrs. Price and Waldvogel absent) the Planning
Commission recommended~of the rezoning request. Given the
mixed land uses of the neighborhood and the apparent need for this
type of housing in that area of the City, the proposed use of the
property is reasonable.
Respectfully submitted,
Paul C. Buford, Jr., Vice Chairman
Roanoke City Planning Commission
JRM:JTT:mpf
attachment
cc: Assistant City Attorney
Director of Public Works
City Engineer
Zoning Administrator/Building Commissioner
Representative of the Petitioner
IN THE COUNCIL OF THE CITY'OF ROANOKE~ VIRGINIA
IN RE:
Rezoning of a vacant tract of land lying) AMENDED
on the west side of Hemlock Road) PETITION
immediately to the north of the Calvary) TO
United Methodist Church, Tax Number) REZONE
6040504, from RS-2 to RM-3, such rezoning)
to be subject to certain conditions. )
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE
CITY OF ROANOKE:
The Petitioner, Valley Care Corporation, has under
contract a vacant tract of land in the City of Roanoke
containing 6.76 acres, more or less, located on Hemlock
Road, on the north side of Calvary United Methodist Church,
Tax Number 6040504. Said property is currently owned by
Unity of Roanoke Valley Church, and is currently zoned RS-
2. 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 ammended, the Petitioner requests
that the said property be zoned from RS-2 District to RM-3
District, for the purpose of operating a retirement center.
The Petitioner believes the rezoning of the said tract
of land will further the intent and purposes of the City's
Zoning Ordinance and is in keeping with the City's land use
strategy in that it will p~ovide services to the community
while maintaining a controlled residential environment.
The Petitioner hereby proffers and agrees that if the
said tract is rezoned as requested, that the rezoning will
be subject to, and that the Petitioner will abide by, the
following conditions:
That the rezoning is sought for the sole purpose
of operating a group care facility.
That the property will be developed in substantial
compliance with the site plan prepared by Balzer
and Associates, Inc. dated November 16, 1988, a
copy of which is attached to the Petition for
Rezoning as Exhibit B, subject to any changes
required by the City during site plan review.
That if no building permit has been issued and no
construction commenced within 3 years from the
date of final zoning approval, the zoning shall
revert to RS-2 without further action by City
Council.
Attached as Exhibit C are
numbers of the owners of all
the names, addresses and tax
lots or property immediately
adjacent to or immediately across a street or road from the
property to be rezoned.
WHEREFORE, the Petitioner requests that the above-
described tract be rezoned as requested in accordance with
the provisions of the Zoning Ordinance of the City of
Roanoke.
Respectfully submitted this 16th day of November, 1988.
Respectfully submitted,
By:
Ann Gilmer, Valley Care
238 Union Street
Salem, Virginia 24153
387-2491
Corporation
Jeanne Duncan, Valley Ca~e Corporation
471~}~Jacklin Drive
Roanoke, Virginia 24019
563-1262
ristine Sw-een ey; Valley
236 Union Street
Salem, Virginia 24153
387-2491
Care Corporation
/~ni~y of Roanoke Valley Church
~3300 Greenridge Road
Roanoke, Virginia 24019
¢itq ~
~t~. L,~if..~
HA
C~nt~r
EXHIBIT C
Property owners adjacent to vacant land on Hemlock
(refer to attached maps)
City of Roanoke
Tax Number Owners
6040503
and
6040502
6040501
6040302
Elwood Higley
757 Hemlock Road
Salem, Virginia 24153
Kenneth & Roberta Bevins
759 Hemlock Road
Salem, Virginia 24153
Ann Willard
4817 Autumn Lane
Roanoke, Virginia 24017
City of Salem
Tax Number Owners
193-1-1
154-3-1
194-1-1
190-1-3
193-5-1
Calvary United Methodist Church
845 & 849 Hemlock Road
Salem, Virginia 24153
John & Audrey Deaner
655 Hemlock Road
Salem, Virginia 24153
Roanoke County
Board of Supervisors
3738 Brambleton Avenue,
Roanoke, Virginia 24018
Heirs of J. Lewis Lloyd
Dean S. Lloyd, Trustee
605 Third Street, S.E.
Roanoke, Virginia 24013
Dennis R. and Ruby D.
2101 Catlett Drive
Salem, virginia 24153
Fix
Road Tax #6040504
Vacant land and
lot with home
Lot with home
Vacant land
9.67 acres
Church
Lot with home
Vacant Land
Lot with home
J
~Adjoining Property Owner
~Property to be Rezoned
ISAL MAP
604
CITy
MAP SHOWING
ADJOINING PROPERTY OWNERS
IN THE CITY OF ROANOKE
' 154-3-1
194-1-1
DWNERS
SALF, M
193-1-1
L ......... j a
~o0,~050,~
/47 70 :7 '7/
58AC
PR:OI)O$1..'I)
lll. ZO'l lt CI
I ROI)OSI;I)
RI-.'ZONING
Ap NUMBER - 122122Z35
PUBLISHERIS FEE - SdloO0
CITY OF ROANOKE
C/O MARY F PARKER
CITY CLERKS OFFICE
ROOM ~56 MUNICIPAL ~L~G
ROANOKE VA 2~0iI
STATE OF VIRGINIA
CITY OF ROANOKE
AFFIDAVIT OF PUBLICATION
i, (THE UNDERSIGNED) AN AUTHORIZEO
REPRESENTATIVE DF THE TIMES-WORLD COR-
PORATIONt WHICH CORPORATION IS PUBLISHER
OF THE ROANOKE TIMES & WDRLO-NEWS~ A
DAILY NEWSPAPER PUBLISHED IN ROANOKEt IN
THE STATE OF VIRGINIAt D6 CERTIFY THAT
THE ANNEXED NOTICE WAS PUBLISHED IN SAID
NEWSPAPERS ON THE FOLLOWING DATES
1£/23/88 MORNING
12/30/88 MORNING
WITNESSt THIS 2ND DAY DF JANUARY 1989
-
AUTHORIZED SIGNATURE
)M~JlMM ~ ~ I)re~MII~ M Ar-
NOTICE OF
PUBLIC HEARING
TO WHOM IT MAY CONCERN:
Pursuant to the provisions of Article VII of Chapter 36.1
Code of the City of Roanoke (1979), as amended, the Council of
the City of Roanoke will hold a Public Hearing on Monday, January
9, 1989, at 7:30 p.m., in the Council Chamber in the Municipal
Building, 215 Church Avenue, S. W., in the said city, on the
question of rezoning from RS-2, Residential Single-Family
District, to RM-3, Residential Multi-Family, High Density
District, the following property:
A tract of land lying on the west side of Hemlock
Road, N. W., containing 6.76 acres, more or less, and
bearing Official Tax No. 6040504.
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 21st day of December
, 1988.
Mary F. Parker,
Please publish in full twice, once on
Friday, December 23, 1988, and once on
Friday, December 30, 1988, in the Roanoke
Times and World News, Morning Edition.
City Clerk
Please send publisher's affidavit to:
Please bill to:
Ms. Mary F. Parker, City Clerk
Room 456, Municipal Building
Roanoke, Virginia 24011
Ms. Mary F. Parker, City Clerk
Room 456, Municipal Building
Roanoke, Virginia 24011
C~ce o~ the Ci~/Cled~
December 27, 1988
Mr. John Fulton
~alzer and Associates
16 South College Avenue
Salem, Virginia 24153
Dear ~r. Fulton:
I am enclosing copy of a report of the City Planning Cor'x~ission
recorwending that the Council of the City of Roanoke grant the
request of Valley Care Corporation, that a tract of land located
on Hemlock Road, N. W., designated as Official Tax No. 6040504,
be rezoned from RS-2, Residential Single Family District, to
RM-3, Residential Multi-Family, High Density District, subject to
certain conditions.
Pursuant to Resolution No. 25523 adopted by the Council of the
City of Roanoke at a regular meeting held on Monday, April 6,
1981, a public hearing on the abovedescribed request has been set
for Monday, January 9, 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
puhtic hearing and an Ordinance providing for the rezoning, which
notice and Ordinance were prepared by the City Attorney's Office.
Please review the Ordinance and if you have ~uestions, you may
contact Ms. Katherine Howe Jones, Assistant City Attorney, at
981-2431. Questions with regard to the City Planning Commission
report should be directed to Mr. John R. ~arlles, Chief of
Community Planning, at 981-2344.
Sincerely,
~4ary F. Parker, C~C
City Clerk
MFP: ra
Room 456 Municipa~ Building 215 C~urch Avenu~ SW Raanoke ¥1rg~nia 2401 ~ (703) 981-2541
Mr. John Fulton
December 27, 1988
Page 2
pc;
Mr. EIwood Higley, 757 Hemlock Road, N. W., Roanoke,
Virginia 24017
Mro & Mrs. Kenneth Bevins, 759 Hemlock Road, N. W., Roanoke,
Virginia 24017
Ms. Ann Willard, 4~15 Autumn Lane, N. W. Roanoke, Virginia
24017 '
Mr. & ~rs. ftarry A. Lloyd, 4943 Oak Road, N. W., Roanoke,
Virginia 24017
Calvary United ~qethodist Church, 845 Hemlock Road, Salem,
Virginia 24153
Mr. & Mrs. John Deaner, 655 Hemlock Road Salem, Virginia
24153 '
Roanoke County Board of Supervisors, 3738 Brambleton Avenue,
S.W., Roanoke, Virginia 24018
Heirs of J. Lewis Lloyd, Mr. Dean S. Lloyd, Trustee, 605
Third Street, S. E., Roanoke, Virginia 24013
~r. & Mrs. Dennis R. Fix, 210! Cattett Drive, Salem,
Virginia 24153
Ms. Clersie I. Crabtree, 2100 Catlett Drive, Salem, Virginia
24153
~qr. Wayne G. Strickland, Executive Director, Fifth Planning
District Commission, P. 0. Bo~ 2569, Roanoke, Virginia 24010
Mr. W. Robert Herbert, City ~ianager
Mr. Wilburn Co Dibling, Jr., City Attorney
Ms. Katherine Howe Jones, Assistant City Attorney
Mr. Von W. Moody, 1II, Director of Real Estate Valuation
Mr. Michael M. Watdvogel, Chairman, City Planning Commission
~r. L. Elwood Norris, Chairman, Board of Zoning Appeals
~qr. 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. ~4arlles, Agent/Secretary, City Planning
Commission
Ms. Doris Layne, Office of Real Estate Valuation
C~f~ce o~ ~e CiW Cler~
December 28, 1988
Mr. Michael M. WaldvogeI
Chairman
City Planning Commission
Roanoke, Virginia
Dear Mr. WaldvogeI:
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 Valley Care Corporation, requesting that a tract of
land containing 6.76 acres, more or less, located on the west
side of Hemlock Road, S. W., immediately to the north of the
Calvary United Methodist Church, identified as Official Tax No.
6040504, be rezoned from RS-2, Residential Single Family
District, to RM-3, Residential HuIti-Family, High Density
District, subject to certain conditions proferred by the peti-
tioner.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:ra
pc: Ms. Ann Gilmer, Valley Care Corporation, 238 Union Street,
Salem, Virginia 24153
Ms. Jeanne Duncan, Valley Care Corporation, 4710 Jacklin
Drive, N. E., Roanoke, Virginia 24019
Ms. Christine Sweeney, Valley Care Corporation, 236 Union
Street, Salem, Virginia 24153
Ms. Joyce M. Paul, 3300 Greenridge Road, N. W., Roanoke,
Virginia 24019
Mr. John R. Martles, Agent/Secretary, City Planning
Corr~ission
~tr. Ronald H. Miller, Zoning Administrator
Ms. Katherine Howe Jones, Assistant City Attorney
Room 456 Municil:~al Building 215 C~urch Avenue SW Roonoke V~rg~nia 2401 t (703) 98t-2541
C~c~ of the City C!er~
November 16, 1988
Mr. Michael M. Waldvoget
Chairman
City Planning Commission
Roanoke, Virginia
Dear Mr. Wa[dvogel:
Pursuant to Section 36.1-690(e) of the Code of the City of
Roanoke (1979), as amended, [ am enclosing copy of a petition
from Valley Care Corporation, requesting that a tract of land
containing 6.76 acres, more or tess, located on the west side of
5emlock Road, So W., immediately to the north of the Calvary
United Methodist Church, identified as Official Tax No. 6040504,
be rezoned from RS-2, Residential Single Family District, to
RM-3, Residential Multi-Family, High Density District, subject to
certain conditions proferred by the petitioner.
Sincere ty, /~
~lary F. Parker, C~C
City Clerk
MFP: ra
pc: Ms. Ann Gl!met, Valley Care Corporation, 238 Union Street,
Salem, Virginia 24153
Ms. Jeanne Duncan, Valley Care Corporation, 4710 Jacklin
Drive, N. E., aoanoke, Virginia 24019
Ms. Christine Sweeney, Valley Care Corporation, 236 Union
Street, Salem, Virginia 24153
Ms. Joyce M. Paul, 3300 Greenridge Road, N. W., Roanoke,
Virginia 24019
Mr. John R. Marlles, Agent/Secretary, City Planning
Commission
Mr. Ronald H. Miller, Zoning Administrator
~s. Katherine Howe Jones, Assistant City Attorney
Room 456 Municipal Builc~ing 215 Church Avenue SW Roanoke V~rg~nia 24~I I (703) 981-2541
IN RE:
IN THE COUNCIL OF THE CITY OF ROANOKE~ VIRGINIA
Rezoning of a vacant tract of land lying)
on the west side of Hemlock Road) PETITION
immediately to the north of the Calvary) TO
United Methodist Church, Tax Number) REZONE
6040504, from RS-2 to RM-3, such rezoning)
to be subject to certain conditions. )
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE
CITY OF ROANOKE:
The Petitioner, Valley Care Corporation, has under
contract a vacant tract of land in the City of Roanoke
containing 6.76 acres, more or less, located on Hemlock
Road, on the north side of Calvary United Methodist Church,
Tax Number 6040504. Said property is currently owned by
Unity of Roanoke Valley Church, and is currently zoned RS-
2. ~ ~nap 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 ammended, the Petitioner requests
that the said property be zoned from RS-2 District to RM-3
District, for the purpose of operating a retirement center.
The Petitioner believes the rezoning of the said tract
of land will further the intent and purposes of the City's
Zoning Ordinance
strategy in that
while maintaining
and is in keeping with the City's land use
it will provide services to the community
a controlled residential environment.
The Petitioner hereby proffers and agrees that if the
said tract is rezoned as requested, that the rezoning will
be subject to, and that the Petitioner will abide by, the
following conditions:
1. That a special exception will be sought from the
Board of Zoning Appeals after rezoning to permit
the operation of a group care facility.
2. That the property will be developed in substantial
compliance with the site plan prepared by Balzer
and Associates, Inc. dated November 16, 1988, a
copy of which is attached to the Petition for
Rezoning as Exhibit B, subject to any changes
required by the City during site plan review.
3. That if no building permit has been issued and no
construction commenced within 3 years from the
date of final zoning approval, the zoning shall
revert to RS-2 without further action by City
Council.
Attached as Exhibit C are the names, addresses and tax
numbers of the owners of all lots.or property immediately
adjacent to or immediately across a street or 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 16th day of November, 1988.
Respectfully submitted,
Ann Gilmer, Valley Care Corporation
238 Union Street
Salem, Virginia 24153
387-2491
Jea~n~ Dhh6an, Valley Care Corporation
471(O/Jacklin Drive
Roanoke, Virginia 24019
563-1262
Christine Sweeney, Valle~-Care
236 Union Street
Salem, Virginia 24153
387-2491
Corporation
U~tT-of Roanoke Valley Church
3300 Greenridge Road
Roanoke, Virginia 24019
flitq af
Oal~m
C~ntcr
t~Oonotf~
'1
EXHIBIT C
Property owners adjacent to vacant land on Hemlock Road Tax #6040504
(refer to attached maps)
City of Roanoke
Tax Number Owners
6040503
and
6040502
6040501
6040302
Elwood Higley
757 Hemlock Road
Salem, Virginia 24153
Kenneth & Roberta Bevins
759 Hemlock Road
Salem, Virginia 24153
Ann Willard
4817 Autumn Lane
Roanoke, Virginia
24017
Vacant land and
lot with home
Lot with home
Vacant land
9.67 acres
City of Salem
Tax Number Owners
193-1-1
154-3-1
194-1-1
190-1-3
193-5-1
Calvary United Methodist Church
845 & 849 Hemlock Road
Salem, Virginia 24153
John & Audrey Deaner
655 Hemlock Road
Salem, Virginia 24153
Roanoke County
Board of Supervisors
3738 Brambleton Avenue,
Roanoke, Virginia 24018
SoW,
Heirs of J. Lewis Lloyd
Dean S. Lloyd, Trustee
605 Third Street, S.E.
Roanoke, Virginia 24013
Dennis R. and Ruby D. Fix
2101 Catlett Drive
Salem, virginia 24153
Church
Lot with home
Vacant Land
Lot with home
.OA ~
1Adjoining Property Owner
~Property to be Rezoned
:SAL MAP
~0.4
MAP SHOWING
ADJOINING PROPERTY OWNERS
IN THE CITY OF ROANOKE
TO THE CITY CLERK OF THE cITY'OF RoANoKE, VIRGINIA
PERTAINING TO THE REZONING R~UE~ 0~;
Request from Valley Care Corporation, represented by John
Fulton, Balzer and Associates, that a tract of land located
on Hemlock Road, N.W., Official Tax No. 6040504, be rezoned
from RS-2, Residential Single Family District to RM-3, Resi-'
dential Multi-Family, High Density District, such rezoning
to be subject to certain conditions proffered by the
petitioner.
COMMONWEALTH OF VIRGINIA )
) TO-WIT:
CITY OF ROANOKE )
AFFIDAVIT
The affiant, Martha P. 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
28th day of November, 1988, notices of a public hearing to be held on the
7th day of December, 1988, on the rezoning captioned above to the owner or
agent of the parcels listed below at their last known address:
PARCEL OWNER, AGENT OR OCCUPANT ADDRESS
6040503
6040502
6040501
6040302
6040601
County
193-1-1
County
154-3-1
County
194-1-1
County
190-1-3
County
193-5-1
Salem
193-2-1
Elwood Higley
Kenneth & Roberta Bevins
Ann Willard
Harry A. Lloyd
Pauline W. Lloyd
Calvary United Methodist Church
John & Audrey Deaner
Roanoke County Board of Super.
Heirs of J. Lewis Lloyd
Dean S. Lloyd, Trustee
Dennis R. and Ruby D. Fix
Clersie I. Crabtree
757 Hemlock Road, NW
Roanoke, VA 24017
759 Hemlock Road, NW
Roanoke, VA 24017
4815 Autumn Lane~?.-
Roanoke, VA 24017
4943 Oak Road, NW
Roanoke, VA 24017
845 & 849 Hemlock Road
Salem, VA 24153
655 Hemlock Road
Salem, VA 24153
3738 Brambleton Avenue
Roanoke, VA 24018
605 Third Street, SE
Roanoke, VA 24013
2101 Catlett Drive
Salem, VA 24153
2100 Catlett Drive
Salem, VA 24153
Martha P. Franklin
SUBSCRIBED AND SWORN before, a Notary Public, in the City of
Roanoke, Virginia, this 28th day of November, 1988.
My Commission Expires:
Notary Publfc