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HomeMy WebLinkAboutCouncil Actions 10-17-88REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL October 17, 1988 2:00 p.m. AGENDA FOR THE COUNCIL ~arland (29335) Call to Order -- Roll Call. Mr. Fitzpatrick was absent. (Mr. Garland did not at. ye until 2:05 p.m. ) The invocation wi I I be delivered by ~xx~g~x~ E~x~~~,xxl~x~xB~x~x~ ~tayor Taylor. The Pledge of Allegiance to the Flag of the United States of America will be led by Mayor Noel C. Taylor. CONSENT AGENDA (Approved 5~0) 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. TgERE 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· C-1 Minutes of the regular meeting of Council held on Monday, June 27, 1988; the organizational meeting held on Tuesday, July 5, 1988; and the special meeting held on Friday, July 8, 1988. RECOMMENDED ACTION: Dispense with 'the reading thereof and approve as recorded. C-2 A report of the City Manager requesting an E~ecutive Session to discuss a matter relating to the acquisition of real property for public purpose, pursuant to Section 2.1-344 (a) (3), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in request for Council to convene in E~ecutive Session to discuss a matter relating the acquisition of real property for public purpose, pursuant to Section 2.1-344 (a) (3), Code of Virginia (1950), as amended· *Requ~t of the Cit~ Attorney for an Executive S~sion to disc~s a legal matter C-3 A communication from Council ~ember David A. Bowers requesting that the City Manager provide additional information prior to April 1, 1989, regarding progress of the City adminis- tration in designating additional buildings in the downtown area as historic sites· RECOMI~NDED ACTION: Refer to the City Manager for report to Council. *within the jw~diction o~ Cit~ Council, ~nt to Section 2.1-344 (a) 17), Code of V~qihia (1950), ~ amended. (i) C-4 A communication from Mr. B. W. Langheim, Vice President and General Manager, Cox Cable Roanoke, transmitting a summary of Cox Cable Roanoke's status as of September 30, 1988. RECOMMENDED ACTION: Receive and file· C-5 Qualification of Mr. Charles A. Kerr as a member of Youth Services Citizen Board for a term ending May 31, 1991. RECOMMENDED ACTION: Receive and file. the REGULAR AGENDA 3. Hearing of Citizens Upon Public ~atters: Presentation with regard to the Visitor Information Center's first year of operation. Mr. Jan Quitzau, Executive Director, Roanoke Valley Convention and Visitors Bureau. Received and ~ed. 4. Petitions and Communications: a. A communication from the Roanoke City School Board requesting appropriation of $8,891·00 for the 1988-89 Transitional Services program to aid handicapped students who are entering the school system for the first time. Adopted Ordinance ~o. 29335, (6-0) Reports of Officers: a. City Manager: Briefings: None. Items Recor~nended for Action: 1. A report recommending adoption of a measure opposing the classification of the Roanoke Logperch as an endangered species. Comme~t~ made by the C~ti~ ~ana~er were relied to the Cit~ Attorney for preparation of the proper measu~e requiting 2. A report recommending expenditure of funds from the 1985 Bond Issue, in the amount of $34,700.00, for needed improvements at the Roanoke City Nursing Home· Adopted Ordinance No. 29336. 3. A report concurring in a report of the Bid Co~ittee recommending acceptance of the bid submitted by Breathing Air Systems for one new Breathing Air Machine for the Fire Department, in the total amount of $21,307.00. Adopted Ordinance No. 29~7. (6-0) 6. Reports of Corr~ittees: None, 7. Unfinished Business: None. 8. Introduction and Consideration of Ordinances and Resolutions: (2) *the Federal Government to share in additional costs i~ the Roanoke kogperch ~s designated as an endangered spe~es. Ordinance No. 29321, on second reading, permanently vacating, discontinuing and closing a 1.2 foot wide portion of an alley located between Sixth and Seventh Streets, S. W., constituting the southerly portion of the alley abutting the lots designated as Official Tax Nos. 1112412 1112418, respec- tively· Adopted Ordinance No. 29321. (6-0) b. Ordinance No. 29322, on second reading, permanently vacating, discontinuing and closing a portion of West Drive, S. W., more particularly described as one narrow parcel on the westerly side of West Drive, containing 368.6 square feet. Adopted Ordinance No. 29322. (6-0) c. Ordinance No. 29323, on second reading, permanently vacating, discontinuing and closing a twelve foot wide alley running parallel to and between Salem Avenue, S. W., and Westport Avenue, S. W., and extending from 21st Street, S. W. to Boulevard, S. W. Adopted Ordinance No. 29323. (6-0) ' d. Ordinance No. 29324, on second reading, permanently vacating, discontinuing and closing a portion of an alley extending bet- ween Kirk Avenue and Church Avenue, S. W., abutting upon Official Tax Nos. 1011601, 1011604, 1011602, and 1011615, more specifically described as approximately twelve feet in width and extending in a southerly direction from Kirk Avenue, S. W., for a distance of approximately fifty feet· Adopted Ordinance No. 29324. 16-0) · e. Ordinance No. 29325, on second reading, rezoning a parcel of land containing 1·923 acres, in the aggregate, more or less, located at 719 Orange Avenue, N. E., and 815 Orange Avenue, N. E., bearing Official Tax Nos. 3030404 and 3030403, respec- tively, from HM, Heavy Manufacturing District, to C-2, General Commercial District· Adopted Ordinance No. 29325. 16-0) f. Ordinance No. 29326, on second reading, rezoning certain par- cels of Towne Square (Map Book 1, page 689), lying on the north side of Hershberger Road, N. W., from LM, Light Manufacturing District, to C-2, General Commercial District· Adopted Ordinance Nc. 29326. (6-0} g. Ordinance No. 29327, on second reading, vacating a portion of a recorded subdivision, Parcel 2, Roanoke Centre for Industry and Technology (Map Book 1, Page 711), pursuant to Section 15.1-482 (b) of the Code of Virginia (1950), as amended, and authorized by Ordinance No. 29048. Adopted Ordinance No. 29327. (6-0) h. Ordinance No. 29329, on second reading, rezoning a tract of land located on the northerly side of Staunton Avenue, N. W., designated as Official Tax No. 2430837, from RS-3, Single Family Residential District, to RM-1, Residential Multi-Family District· Adopted Ordinance No, 29329. (6-0) Ordinance No. 29330, on second reading, designating certain tracts of land located at 101 South Jefferson Street; 202-208 South Jefferson Street; 446 South Jefferson Street; 127, 129, 133 and 143 Norfolk Avenue, S. W.; 617 South Jefferson Street; (3) 21 Franklin Road, S. W.; 210 Campbell Avenue, So W.; 118-128 Campbell Avenue, S. W.; and 102 Campbell Avenue, S. W., as H-l, Historic District. Ordinance No, 2933Q was lost by a vote of 0 afflAmative votes and six negative votes, Motions and Miscellaneous Business: Inquiries and/or comments by the Mayor and members of City Council. b. Vacancies on various authorities, boards, corr~issions and committees appointed by Council· 10. Other Hearings of Citizens: Reappointed the followin~q Mr. L~vgs W. Peery Mr. H~old S. Zimm~man Mr. Ronald ^i. ShaAp Mr. Sam H. McGhee, III Roanoke Tra~sport~on Safety Commission Roanoke Transpo~on Safety Comm~sion Roanoke Tra~portation Safety Co~Sion Indast~al Developme~ Authority (4) MINUTES CONSIDERED AT THIS COUNCIL MEETING MAY BE REVIEWED ON LINE IN THE "OFFICIAL MINUTES" FOLDER, OR AT THE CITY CLERK'S OFFICE Roanoke, Virginia October 17, 1988 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Please reserve space on Council's agenda for an Executive Session pertaining to acquisition of real property for public purpose in accordance with Section 2.1-344(a)(3) of the Code of Virginia. Respectfully submitted, W. Robert Herbert City Manager WRH:KBK:afm cc: City Attorney Director of Finance Office of~eCiwCle~ October 19, 1988 Fi ie #249 Mr. W. Robert [terbert City Manager Roanoke, Virginia Dear !Ir. ~terbert: [ am attaching copy of a communication from Council Member David A. BOwers requesting that you provide additional information prior to April 1, 1989, regarding progress of the City admi- nistration in designating additional buildings in the downtown area as historic sites, which communication was before the Council of the City of Roanoke at a regular meeting held on Monday, October 17, 1988. On motion, duly seconded and adopted, t,he communication referred to you for report to Council prior to April 1, 1989. Sincerely, Mary F. Parker, CMC City Clerk MFP: ra pc: Mr. W. ~. Whit~ l, Chairman, Architectural Review Board, 1255 Keffield Street, N. W., Roanoke, Virginia 24019 Mr. John R. Marlles, Chief of Community Planning Ms. Evelyn S. Gunter, Secretary, Architectural Review Board Office of the Council October 12, 1988 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Bob: I was interested in the corrg~ents from your administration at the meeting of City Council on Monday, October 10, that the approval of the several sites in the downtown area for the historic overlay, district is merely a first ~hase of this process. Accordingly, [ would ask that either you or your administration provide us with additional information regarding this matter in six months, or by April 1, 1989, in order that Council may con- tinue to be kept apprised of the progress in designating addi- tional buildings as historic sites here in Roanoke. I would ask that this matter be placed on the Consent Agenda for the next meeting of Council and that you might provide us with a report prior to April 1, 1989. Thank you. Best personal r~gards. Sincerely, - Ao Bowers Council Member DAB:rla Room456 Muni¢ipaIBuildlng 215 C~urch Avenue SWRoanoke, Vlrglnia2401,~ (703) 98t-2541 Office of the Ci~, Clerk October 19, 1988 File #448 ~r. B. W. Langheim Vice President and General Cox Cable Roanoke P. Oo Box 13726 Roanoke, Virginia 24036 Manager Oear ~]~r. Langheim: Your communication transmitting a summary of Cox Cable Roanoke's status as of September 30, I988, was before the Council of the City of Roanoke at a regular meeting held on Monday, October 17 1958. , On motion, duly seconded and adopted, the communication was received and filed. Sincerely, ~ ~ary F. Parker, CMC City Clerk MFP: ra Rz)om 456 Municipal Building 215 C'~urch Avenue SW Roanoke ~,4rg~ma 24011 (703) 981-2541 Cox Cable Roanoke 1909 Salem Avenue S.W. P.O. Box 13726 Roanoke, Virginia 24036 C. ox G3ble Roanoke October 4, 1988 The Honorable Mayor and Council City of Roanoke Municipal Building 215 Church Ave. Roanoke, Va. 24011 Mrs, Bowles and Gentlemen: Attached is a summary of Cox Cable Roanoke's status as of September 30, 1988, Should you have any questions or comments on this subject, please feel free to contact me at any time, Sincerely, B, W, Langheim Vice President and General Manager BWL/ep Attachment A. Total Miles Plant COX CABLE ROANOKE September 30, 1988 Roanoke City Roanoke County 439 373 Vinton Total 36 848 B. Approximate Number of Residences Passed 43~889 18~909 4~998 67,796 C. Basic Customers 26,990 14,785 3,356 45,131 D. Tier Customers 25,691 14,239 3,254 43,184 E. Pay Customers 25,846 13~893 3,826 42,765 Office of the City Clerk October 19, 1988 File #15-304 Ms. Carol B. Marchal, Chairman Youth Services Citizen Board 2320 Mount Vernon Road, S. W. ~oanoke, Virginia 24015 Dear Ms. Marchal: This is member of 31, 1991. to advise you that Mr. Charles A. Kart has qualified as a the Youth Services Citizen Board for a term ending May Sincerely, Mary F. Parker, CMC City Clerk MFP:ra pc: Ms. Marion V. Crenshaw, Youth Planner Room456 MunicipalBuJlding 215 Church Avenue SW Roanoke V~rg~nia24011 (703) 98t-254'~ 0-2 Oath or Affin~afion of Office ~tate oS Virginia. Cirri oS Roanoke, to .wit: I, i'[?~,L~.,3 A. ?~.~ ~ do solemnly swear (or affirm) that will support the Constitution of the United States, and the Constitution of the State of Virginia, and that will faithfully and impartially discharge and perform all the duties incumbent upon me a,s according to the best of my ability. So help me God. Subscribed and sworn to before me, thi~L-~'~ day Clerk September 28, 1988 File #15-304 Mr. Charles A. Kart 224 Hurst Avenue, N. E. Roanoke, Virginia 24012 Dear ~r. Kart: At a regular meetin~ of the Council of the City of Roanoke held on Monday, September 26, 1988, you were elected as a member of the Youth Services Citizen Board for a term ending May 31, 1991. Enclosed you will find a certificate of your election and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the ~unicipal Building prior to serving in the capacity to which you were elected. SHE:fa Eno. pc: Sincerely, Sandra H. Eakin Deputy City Clerk Ms. Carol B. Marchal, Chairman, Youth Services Board, 2320 ~lount Vernon Road, S. W., Roanoke, 24015 ~s. Marion V. Crenshaw, Youth Planner Citizen Virginia Roa : ~,~6 ',~ ~ '-~ ' ~ ~ - :, ~ ,-~ C~,~cP, A,en~*e bW £'<,~rc~;~e ~,~rg~n~a 24011 (703) 98t-2541 CITY OF ROANOKE 'Fo-w i t: I, Sandra H. Eakin, Deputy City Clerk, and as such Deputy City Clerk of the Council of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council held on the 26th day of September, 1988, CHARLES A. KARR was elected as a member of the Youth Services Citizen Board for a term ending May 31, 1991. Given under my hand and the Seal of the City of Roanoke this 28th day of September, 1988. Deputy City Clerk October 7, 1988 City Clerk's Office City of Roanoke 215 Church Ave., SW Roanoke, VA 24011 Gentlemen: This is to confirm that the Roanoke Valley Convention and Visitors Bureau Executive Director, Mr. Jan Quitzau, will make a presentation to City Council on October 17 at the 2:00 p.m. meeting. This brief report concerns the Visitor Information Center's first year of operation. Sincerely, Janet Ewert Manager ROANOKE VALLEY VISITOR INFORMATION CENTER JE/jb cc: Mr. Jan Quitzau ROANOKE VALLEY CONVENTION & VISITORS BUREAU P.O. Box 1710, Roanoke, VA 24008, (703) 342-6025/(703) 342-2434 Shipping Address: 14 West Kirk Avenue, Roanoke, VA 24011 THE ROANOKE VALLEY VISITOR INFORMATION CENTER IN THE MARKET SQUARE DOWNTOWN ROANOKE Th~ F~t S~r~i~g g~i~or~ to the goano~ ROANOKE VALLEY CONVENTION & VISITORS BUREAU P.O. Box 1710, Roanoke, VA 24008, (703) 342-6025/(703) 342-2434 Shipping Address: 14 West Kirk Avenue, Roanoke, VA 24011 October 14, 1988 Honorable Mayor Taylor; Honorable Vice-Mayor Fitzpatrick; Members of the Roanoke City Council; City Manager Herbert; Council Appointees; Elected and Administrative Officials, On behalf of the Roanoke Valley Convention & Visitors Bureau, we would like to take this opportunity to thank you for your commitment toward the efforts of this organization. This month, the Roanoke Valley Visitor Information Center celebrates its first year of operation in the Historic Market Square. The Center, which is operated by the Convention & Visitors Bureau, has improved visitor awareness of the Roanoke Valley and its cultural, historical, and recreational resources. We are delighted at this increase in community awareness, and with the positive response we have received from visitors utilizing our services. The Center is staffed completely by area volunteers, who are to be cormnended for their dedicated service in promoting their community. Enclosed please find visitor information that they felt may be of interest to you. By keeping monthly visitation logs, the Center is able to plot the peak and valley trends in the regional visitor industry, and the diverse points of origin of visitors to the Valley. We are excited for the future of the visitor industry of the Roanoke Valley. It is a privilege for our organization to be able to represent such a desirable destination, with so much to offer, and so much more to come. It is for this vision and for your support that we express our appreciation and we pledge our continued efforts to mold the future for this growing and prosperous ingredient of regional economic development. Sincerely, / J~ Quitzau Executive Director Janet Ewert Manager Information Center ROANOKE VALLEY CONVENTION & VISITORS BUREAU P.O. Box 1710, Roanoke, VA 24008, (703) 342-6025/(703) 342~2434 Shipping Address: 14 West Kirk Avenue, Roanoke, VA 2401! ROANOKE VALLEY VISITO~ CENTEH ~ECO~DED MOFfHLY VISITATION LO6 October 1987 November 1987 December 1987 January 1988 February 1988 March 1988 April 1988 May 1988 June 1988 July 1988 August 1988 September 1988 October 1988 (th~u 10/13) 75O 750 750 312 356 72O 1,302 1,8~ 1,635 2,105 2,128 1,370 785 1~,605 ROANOKE VALLEY VISITOR INFORMATION CENTER VISITOR POINTS OF ORIOIN STATES Alabama Alaska Arizona Arkansas California Colorado Connestieut Delaware District of Columbia Florida Georgia Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts MiohiEan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Vermont Virginia Washington West Virginia Wisconsin Wyoming COUNTRIES Argentina Austria Australia Belgium Canada China Denmark E1 Salvador England Finland France Germany Holland India Indonesia Ireland Israel Japan Kenya Mexico Northern Ireland New Zealand No~way ?htlllpines Puerto Rico Saudi Arabia South Africa Spain Switzerland U.S.S.R. U.S. Vi~Ein Islands Total Countries ~ Total States: 46 (*DC) Not ~epresented: Idaho, North Dakota, Utah, Hawaii ROANOKE VALLEY VISITOR INFOPd~ATION CENTER VOLUNTEER STAFF SERVICE CONTRIBUTIOb~ 1. Bernice Benjamin 2 Months 2. Ruth Bernard 1 Year 3. Lillian Bland 1 Year 4. Peggy Eller 2 Months 5. Emily Eskridge 1 Year 6. Elsie Hammond 10 Months 7. Arddie Johnson 10 Months 8. Delight Lane 6 Months 9. Nora Pankey 1 Month 10. 0la Payne 10 Months 11. Lera Pylant 10 Months 12. Harriett Sattig 8 Months 13. 3oe Turner 10 Months 14. "Teenie" Vinyard (Mrs. W. P') 6 Months 15. 3udi Williams 4 Months 16. A1 Witcher 10 Months 17. Dot Young 1 Year CONTI~c T lvIZkNAGER Janet Ewert 10/14/88 Office of theCiryClerk October 19, 1988 File #60-467 ~r. Joel ~4. Schlanger Director of Finance Roanoke, Virginia Dear ~r. Schlanger: I am attaching copy of Ordinance ~o. 29335, amending and reor- daining certain sections of the 1988-89 Grant Fund Appropriations, providing for the appropriation of $8,891.00, in connection with the 1988-89 Transitional Services Program to aid handicapped students who are entering the school system for the first time, which Ordinance No. 29335 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 17, 1988. Sincere ly,_ Mary F. Parker, CMC City Clerk MFP: ra Eric. pc: Mr. W. ~obert Herbert, City Manager Mr. James M. Turner, Chairman, Roanoke City School Doard, P. O. Dox 1020, Salem, Virginia 24153 Dr. Frank P. Tota, Superintendent of Schools, p. O. ~ox 13145, Roanoke, Virginia 24031 Mr. Richard L. Kelley, Executive for Business Affairs and Clerk of the Board, P. O. Box 13105, Roanoke, Virginia 24031 Room 456 Municipal Building 2t5 Church Avenue SW Roanoke ~rgtn~a 244)11 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of October, 1988. AN ORDINANCE to 1988-89 Grant Fund emergency. No. 29335. amend and reordain certain sections of the Appropriations, and providing for an WHEREAS, for the Government of the City exist. usual daily operation of the Municipal of Roanoke, an emergency is declared to THEREFORE, BE IT ORDAINED by Roanoke that certain sections of Appropriations, be, and the same are reordained, to read as follows, in part: Appropriations the Council of the City of the 1988-89 Grant Fund hereby, amended and Education Transitional Services 1988-89 (1-4) ........ Revenue $17,318,746 8,891 Education Transitional Services 1988-89 1) Contracted Services 2) Travel 3) Instructional Materials 4) Climate Study Materials 5).Federal Grant Receipts (035-060-6569-6553-0313) $1,891 (035-060-6569-6553-0551) 2,500 (035-060-6569-6553-0614) 1,500 (035-060-6569-6553-0615) 3,000 (035-060-6569-1102) 8,891 $17,318,746 8,891 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: city Clerk October 16, 1988 TO: FROM: SUBJECT: Honorable Mayor and Members of City Council Joel M. Schlanger School Board Request to Appropriate Grant Funds I have reviewed the grant funds for the School Board. is 100% federally funded. attached request to appropriate The Transitional Services grant I recommend that you concur with this request of the School Board. t'or of Financ~/ JMS/kp ~ Attachment James M. Turner, Jr., CJ~alrman Sallye T. Coleman. Vice Chairman Donald E~artol City School 8oard P.O Box 13105, Roanoke, Virginia 24031 · Marilyn C. Curtis Edwin Ft. Feinou~ Velma 8. Self William LLIhlte, Sr. Frank P. Tara, Superintendent Richard L Kelley, Clerk of the Board 70~981-~81 October 12, 1988 rg CC: The Honorable Noel C. Taylor, Mayor and Members of Roanoke City Council Roanoke, VA 24011 Dear Members of Council: As the result of official School Board action at its meeting of October 11, lg88, the School Board respectfully requests City Council to appropriate $8,891.00 for the 1988-89 Transitional Services program to aid handicapped students who are entering the school system for the first time. Sincerely, Richard L. Kelley Clerk of the Board and Executive for Business Affairs Mr. James M. Turner, Jr. Dr. Frank p. Tota Mr. William L. Murray, Jr. Mr. Kenneth F. Mundy, Jr. Mr. W. Robert Herbert ~rr] Wilburn C. Oibling Joel M. Schlanger (with accounting details) Excellence in Education-- RO~OY~ CITY SCHOOL BOARD Roanoke, Virginia ~PPROPRIATION REQUEST Transitional Services 1988-89 $569 035-060-6569-6553-0313 035-060-6569-6553-0551 035-060-6569-6553-0614 035-060-6569-6553-0615 Appropriation Unit Z59 Contracted Services Travel Instructional Materials Climate Study Materials 1;891.00 2,500.00 1,500.00 3~000.00 $ 8_~891.00 035-060-6569-1102 Federal Grant Receipts $ 8.,891.00 The 1988-89 Transitional Services program will provide class placements, mental health services and follow-up studies of placements to ensure a smooth transition for handicapped students entering the school system. One hundred percent of expenditures will be reimbursed by federal funds. The program will end September 30, 1989. October 11, 1988 O~ce of ~he Oily Cle~ October 19, 1988 File #54 Mr. Wilburn C. Dibling, City Attorney Roanoke, Virginia Dear Mr. Dibling: At a regular meeting of the Council of the City of Roanoke held on Monday, October 17, 1988, on motion, duly seconded and adopted, you were instructed to prepare the proper measure requesting the Federal Government to share in additional costs if the Roanoke Logperch is designated as an endangered species. Sincerely, Mary F. Parker, CMC City Clerk MFP:ra Enc. pc: Mr. W. Robert Iterbert, City Manager LOGRERCH DESIGNATION MONDAY, OCTOBER17, 1988 -- 2 ROANOKE CITY COUNCIL MEETING CITY MANAGER 80B HER8ERT MAYOR AND MEM8ERS OF CITY COUNCIL, I WOULD LIKE TO TAKE A FEW MINUTES TO DISCUSS WITH YOU THIS NEXT ITEM CONCERNING THE DESIGNATION OF THE LOGPERCH AS AN ENDANGERED SPECIES. THIS ONE MIGHT BELIEVE IT ISSUE IS MUCH MORE COMPLEX AND FAR REACHING THAN INITIALLY THINK, AND ALTHOUGH I AM NOT A BIOLOGIST, I IS MY RESPONSIBILITY TO LOOK AT EACH AND EVERY ISSUE THAT IMPACTS THISCITY BOTH IN THE LONG MY RESPONSIBILITYTO BRING THOSE ISSUES AS THEY RELATE TOPOTENTIAL LONG CITY OF ROANOKE. AND SHORT-TERM. IT IS BEFORE YOU, SPECIFICALLY TERM FINANCIAL BURDENS UPON THE I WOULD LIKE TO BEGIN BY DISCUSSING THE IMPACT OF A LOGPERCH ENDANGERED SPECIES DESIGNATION ON THE ROANOKE RIVER FLOOD REDUCTION PROJECT. IN DESIGNING THE ROANOKE PROJECT, THE CORPS OF ENGINEERS HAS STUDIED THE BIOLOGICAL IMPACT AND BASED ITS PLANNING ON SUCH ITEMS AS THE BIOLOGICAL NEEDS OF THE ROANOKE LOGPERCH. THE CORPS HAS TOLD ME THAT IF THE LOGPERCH IS DESIGNATED AS ENDANGERED, THEY DO NOT EXPECT IT FINANCIAL IMPACT ON THE FLOOD REDUCTION PROJECT CURRENTLY KNOW. IN ESSENCE, IN THEIR PLANNING, ESSENTIALLY TREATED THE LOGPERCH AS AN ENDANGERED SPECIES. TO HAVE ANY BEYOND WHAT WE THE CORPS HAS THAT IS THE GOOD NEWS. FOR IT IS THE ONE AREA WHERE WE CAN REASONABLY UNDERSTAND AND KNOW THE IMPACT OF SUCH A DESIGNATION. UNKNOWN. THE 'YEARS FROM NOW, THAT WILL SPECIES DESIGNATION FOR MY PURPOSE TODAY, IS TO TALK WITH YOU ABOUT THE ISSUES AND DECISIONS THAT MAY COME INTO PLACE IMPACTED BY AN ENDANGERED BE DIRECTLY THE LOGPERCH. BEFORE I GO ANY FURTHER, EXPLAIN THAT THE FINAL DECISION ON THE LOGPERCH NOT REST IN THE HANDS OF THIS CITY COUNCIL. IT THAT WILL IT IS IMPORTANT FOR ME TO DESIGNATION WILL IS A DECISION BE MADE BY THE UNITED STATES DEPARTMENT OF INTERIOR FISH AND WILDLIFE SERVICE, BASED PRIMARILY, ON ENVIRONMENTAL AND BIOLOGICAL FACTORS. BUT TODAY, I WANT TO RAISE THE ISSUE BEFORE YOU OF WHAT SUCH A DESIGNATION COULD POTENTIALLY MEAN TO ROANOKE IN THE LONG TERM. RIGHT NOW, THE DEPARTMENT OF SERVICE IS NOT DESIGNATING LIMITS OF THE ROANOKE RIVER LOGPERCH. A CRITICAL HABITAT IS ONE BIG STEP FURTHER THAN AN ENDANGERED DESIGNATION AND BRINGS WITH IT MUCH MORE STRINGENT RULES AND REGULATIONS ON A RIVER THE CRITICAL HABITAT DESIGNATION. A CRITICAL HABITAT WOULD NOT BE IN THE FUTURE. INTERIOR FISH AND WILDLIFE THE 10-MILE STRETCH WITHIN THE CITY AS A CRITICAL HABITAT FOR THE TO A RIVER WITHOUT THAT IS NOT TO SAY THAT IN OUR lO-MILE STRETCH AS OPPOSED BUT FORMED REGARDLESS, THE LONG TERM RESULTS OF THE DESIGNATION COULD IMPACT FUTURE STORM WATER RUNOFF RULES AS PROPOSED BY EPA AND HOW IT IS TREATED BEFORE BEING RELEASED INTO A RIVER WHICH IS HOME TO AN "ENDANGERED SPECIES." OR IT COULD RELATE TO THE CONSTRUCTION OF OR OPERATION OF THE SEWAGE TREATMENT PLANT. BRIDGES, RIVER CROSSINGS FOR WATER AND SEWER LINES ANYTHING THAT INVOLVES THE RIVER. THESE ITEMS JUST NAMED ARE CRITICAL TO CARRYING OUT THE FUNCTIONS OF LOCAL GOVERNMENT. COULD WE CAN NOT ESTIMATE WHAT COST OR BURDEN TAXPAYERS OF THIS CITY IN THE LONG RUN. FRANKLY, I DO NOT KNOW HOW FAR REACHING THE IMPACT SE. BUT I AM NOT IN FAVOR OF ENDORSING A PROPOSAL WHEN IT COULD PLACE ON THE I KNOW THAT SOME WOULD SAY THAT WHATEVER THE COST, IT WOULD BE WORTH ANY COST TO ASSIST IN PROTECTING THE LOGPERCH. BUT I AM NOT WILLING TO THAT COULD HAVE POTENTIAL THE FUTURE. MAKE SUCH A SWEEPING STATEMENT TODAY SEVERE IMPACTS ON OUR TAXPAYERS OF THE TRULY LARGER PICTURE HAS TO DO WITH THE FEDERAL GOVERNMENT UNDERSTANDING THE IMPACT SUCH A DESIGNATION MIGHT HAVE ON THE CITY OF ROANOKE. IF IT IS A NATIONAL PURPOSE TO PROTECT THE LOGPERCH, SHOULD THE FINANCIAL BURDEN OF DOING SO BE PASSED ON TO THE LOCAL GOVERNMENT WHERE THE SPECIES IS FOUND? I THINK NOT. THE DEBATE TODAY SHOULD NOT BE ON WHETHER SHOULD BE LISTED AS AN ENDANGERED SPECIES OR NOT. THAT SHOULD BE A FACTUAL DECISION BASED ON ENVIRONMENTAL AND BIOLOGICAL FACTS. THE QUESTION TODAY IS THAT IF THE FACTS REVEAL THAT SUCH A DESIGNATION IS NECESSARY, SHOULDN'T THE FEDERAL GOVERNMENT BE A FULL PARTNER IN THE PROCESS, NOT ONLY IN THE DESIGNATION BUT ALSO IN PAYING ITS FAIR SHARE OF THE CONSEQUENCES OF SUCH A DESIGNATION. ANY SUCH DESIGNATION SHOULD NOT BE A DIRECT TAX ON THE CITIZENS OF THE CITY OF ROANOKE AND I BELIEVE WE HAVE THE RESPONSIBILITY TO OUR CITIZENS, TO PROTECT THEIR LONG TERM FINANCIAL INTERESTS. THE LOGPERCH MAYOR AND MEMBERS OF CITY COUNCIL, MY RECOMMENDATION TO YOU TODAY WOULD BE TO WITHDRAW THE RESOLUTION AS STATED IN THE WRITTEN REPORT YOU RECEIVED AND REFER MY COMMENTS TO THE CITY ATTORNEY TO PREPARE A RESOLUTION FOR COUNCIL NOTIFY OUR FEDERAL REPRESENTATIVES FOR THE FISH AND WILDLIFE SERVICE OF OUR CONCERNS. I BELIEVE A RESOLUTION TO CITIZENS IN THE BEST WAY POSSIBLE. BASED ON THE TRUE FACTS FOR SUCH TIME WE CAN BRING TO LIGHT THE A FULL FINANCIAL PARTNER TO BE THIS AFFECT WOULD SERVE OUR FOR THE DECISION COULD BE A DESIGNATION, AND AT THE SAME NEED FOR THE FEDERAL GOVERNMENT IN THIS PROCESS. - 30 - IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, A RESOLUTION expressing the City's opposition to the proposed listing of the Roanoke Logperch fish, also known as Percina rex, as an endangered species. WHEREAS, the U. S. Fish and Wildlife Service has proposed to list the Roanoke Logperch (Percina rex) as an endangered species; and WHEREAS, comments on the proposed listing by interested par- ties have been requested by the U. S. Fish and Wildlife Service; and WHEREAS, the classification of the fish as an endangered spe- cies would restrict the City's choices for future community pro- jects and increase costs for such projects addressing needs along and crossing the Roanoke River and Tinker Creek. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council hereby expresses its opposition to the proposed classification of the Roanoke Logperch (Percina rex) as an endangered species. BE IT FURTHER RESOLVED that the Clerk of this Council is directed to forward a copy of this resolution to the U. S. Fish and Wildlife Service, Senators John Warner and Paul S. Trible, Jr., and Representative Jim Olin. ATTEST: City Clerk. Roanoke, Virginia October 17, 1988 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Proposed Rule - Listing the Roanoke Logperch (Percina rex) as an Endangered Species I. Back~round: Federal Register Volume 53 No. 173~ dated Wednesday~ September. 7~ 1988 (copy attached) contains noticP that the Federal Fish and Wildlife Service (Service) proposes to list the Roanoke Logperch as an endangered species. Co~nents on this proposed rule makinc must be received by the Annapolis Field Office of the U. S. Fish and Wildlife Service by November 7, 1988. C. Roanoke Lo,perch was discovered in 1888. D. Roanoke LoKperch is currently considered a threatened species. Petition to elevate the fish from threatened to endangered was sent to the Service on September 29, 1983 by Mr. Noel Burkhead. Previous correspondence, letter dated September 29, 1987 from Mr. Kinser, my letter of November 10, 1987 to Mr. Kinser, and Mr. Kinser's return letter of December 1, 1987, are attached as additional background information. II. Current Issues: A. Affect of classification as endangered species. 1. Regulatory protection for the fish. 2. Crime to catch, harm or keep fish. Honorable Mayor and City Council Page 2 SiKnificant increased financial impact on the following projects: a. Flood Reduction Pro~ect SprinK Hollow Reservoir and water supply or future water supplies from Roanoke River and/or Tinker Creek. One specimen has also been reported as being caught in Smith Mountain Lake. Future considerations for scenic parkway or Greenway development along the Roanoke River. d. Sewage Treatment Plant expansion Future construction for stream crossings of bridges, water and sewer lines on the Roanoke River and Tinker Creek. Creates potential for establishment of critical habitat which further restricts the City's ability to consider desired projects and will further increase the cost of sewage treatment and storm water runoff. Significance of future monetary impact is not defined in the proposed rule making. City Council's ability to consider future pro.~ects on all the merits of those projects will be severely jeopardized. III. Issues: A. Protection for the fish B. Needs of our citizens C. City Council's choices D. Costs for future pro.~ects IV. Alternatives: Council pass a resolution, and send it to the address noted in the attached notice of proposed rule making and to our elected federal representatives, giving notice that the City of Roanoke opposes the classification of the Roanoke Lo,perch (Percina rex) as an endangered species. If the classification is turned down, the following will be appropriate: Protection for the fish will continue to be accorded as threatened species, and by general fish and game laws. Needs of our citizens can still be considered by Council based on all of the merits of any project to include both the environment and financial costs as well as benefits. Honorable Mayor and City Council Page 3 City Council's choices for future decisions are not further restricted. Costs for future pro~ects along and crossing Roanoke River and Tinker Creek will be in keeping of protecting the fish as a threatened species and whatever additional consideration Council may choose. Council take no action or the Roanoke Logperch (Percina rex) be classified as an endangered species regardless of Council's position. Protection for the fish will be accorded the highest protection currently possible to regulate regardless of future impact on comunity needs. Needs of our citizens will be secondary to protecting the fish. City Council's choices for future co~nunity projects or needs along and crossing the Roanoke River and Tinker Creek will be restricted. 4. Costs for future pro,~ects will increase. Recomendation: Council send a resolution to the U. S. Fish and Wildlife Service, with a copy to our elected federal representatives, stating the opposition of the Council of the City of Roanoke to classify the Roanoke Logperch as an endangered species in accordance with Alternative "A". Respectfully submitted, W. Robert Herbert City Manager WRH:KBK:afm Attachments cc: City Attorney Director of Finance . r,~uerai ~e~lsrar / Vol. 53, No. 173 / Wednesday, September 7, 198~ / Proposed Rules 34561 s~.lecttun process. A mor~i~formal ': ~ ' - se!ectton process similar to that used for - DEP'~NTMI~MT OFT~E IWFI'~RiOR .- yellowish ';nd belly Is White to ~ ' · '~ants under section $ of the UMT Act ~,2 be used. The new process wit :continue t,., fortl~: the policies of .. section 3(e)(1RG} and i{i) which are the advancement of the state-of-the-ail of. 13:ansportation setwtuss endequipment. - Inquiries with regard to section 4[i] ! ' 8rants should be directed to Joseph Goodmn.; Offi~ of Tecimical -~..satstance end Safety, [202} 366~. ~s~ ami Wild,fa ~ewl~e ' T 50 CFR part 17 ~ ~ ~te~ Wild~e ~ F~h ~d Wil~ife ~ice. ~te~or. ': . · ~ ~Pee~ ~e. ' yellowish. The Upper sides and ba~c ', bav~ den~ scrawlings and numerma - ' small saddles. Bar marking~ on its sides are prominent, usually separated ~'om . the dorsal maritime and typically ovoid The species c~mm0aly li~es 5 ~o a ': years: both sexes probably ranch .. maturity by age four. Spaw'ulngeccurs - in April on May in deep runs over ~ravel Inquiries with rea~-d to section and amah cobbl~ (Simon,sou and Nevus 3ialfllfCI n~nnts .h.,,,h-I ~,., .4;. ,~.~ ,..' ~M~Iq'~. The SerVice proposes to lint a ~)' ~- ~ t'e~ primerly on s uatic A~sistance and Safe , ~ ' . ~P c to ~ . sties (Burkhead ty ( ]366-0L?.0. _.~n,~.I/'~.,,'~ff,~lish~owocca~oh~yin ~' 1983~Dunn~warmmunth a s · . ~ · -. s. ~luit_ .. Sm ,ca ..l..~rrA has.d~:,ded to chanse ~l~ur?.~.._dal~_~.p~'a.~'~_.pop.'~f0'.~:,'L-~.~.~ o~.~cupy ,l~a,,v~ and cobble rens and me seiecnon procecture, it will no longer ...,me .u.ppersoanor, a my_er, tha Pi~ River, ,n~es, wane luveniles typically util ze be necessar~ for applicants to re,er to ~aec~O~ttow. e.y. Rlv. er suit ~ Smith River. alo, w runs and pools with clean sand the NPRMs for guidance In proposal pupmation ts vulnerable because suns~ates. Winter habitat of aW preparation, es was the past practice, of its relatively low density and limited individuals appears to be deep pools, Formal rulemaking For each program began with the publication of an NPRM for section 4{i] on December 1. 1980 (45 FR 79669) and publication of an NPRM for section 3{a)(1}(C) on Janua~ 19, 1981 (46 FR. 5832]. Both NPRMs prescibed policies and procedures for administerin~ the two ~rant ps,rams and Included lists of projects which had been ~iven favorable consideration In the pusL In subsequent Federal Register notices, when proposals for the two prngrams were solicited, the NPRMs were mentioned as ~idence for Prepusal preparation. The new procedure wit no longer require such ~uidance. Therefore, the NPRMs for sections 3(a][1}{C} and 4(i} of the UMT Act are withdraw from formal rulemaking. Prospective applicants for sections 3(a](1)[C] and 4(i) funds should follow the "Application Instructions and Program Management Guidelines for section 3{a)[1~[C], Techtlology Introduction: Section 4(i} Innovative Techniques and Methods; and section Technical Assistance. Grants and Cooperative A~raements" contained in UMTA Circular $100.1B. Copies of UMTA Circular 6100.1B may be obtained from: Department of Transportation, Urban Mass Transportation Administration. Office of Administration, Administrative Services Division, 400 Seventh Street SW., Washington, DC ~0590, (202) 366-4~5. Issued On: Ausust 30. Alfred A. DelliBovt, [FR Doc. 88-20055 Filed 9--~-68; I]:45 am extent. The l~sest and most v~orous population, in the ippeFRoanoke River, fa subject to the most seHofis threats: from urbanization, indus~al development, water supply end Hood control pro[ects, and. in the upper basin, from agriculturol runoff. The other three under boulders [Burlthead 1983). The Roenoke lngperch is endemic to two river systems in Virginia--the Roanoke River drainage (tocludi~ the Pi~ and Smith Rivers] and the ' Nottoway River druina~e. Its die.button extends ~'om the Ridge and populations ars-sabfect to siltation Valley province throush the Blue Ridge resulting from agricultural activites and to the lower Piedmont. It now occurs in to potential chemical spills. The Smith . four disjunct populations located in River population is especially widely separated segments o[ four vulnerable because of its small size. rivers: The upper Roanoke River, the This proposal- if mode Rnal. will implement the protection of the Endangered Species Act of 19'~, as amended, for ~ ~sh. The Service seeks relevant data and comments from _ .the public. 'Tpi/~iel mt~t be ~--~'lv~ by November'?, 1988. Publi~ be~'tn~ requests must be reC~fv~d by October · AOORSSSP. S: Con'eats and materials conceml~_.o this proposal should be sent to the Annapolis Field Office. U.S. Fish and Wildlife Service, 182~ Virginia Street, Annapolis, Maryland 21401. Comments and materials will be available for public inspection, by appointment, ~ normal business hours at the above address. Mr. G. Andi'ew Muser at the above address (301/269-,54481. Background The Roanoke Ioaperch, (.De.~:£~a rex], was discovered in the Roanoke River near Roanoke, Virginia in 1888 and described by Iordun A large darter, .~. rex reaches 14 centimeters (5.5 inches) total length. It is characterized by an elongate, cylindrical to slab-sided body, conical snout end complete lateral line. The back is dark ~reen. the sides ur~ ~'~enish to Pi~ River, the Nottowa~ River and the Smith River. It is probable that these reprasunt remounts of a single much lar~er population that once occupied much of the Roanoke druinage upstream of the fall line. All extant populations of the Roanoke Ingperch are in Vh'~inia in the river reaches described below. Within the _ upper Roanoke River, the Iogperch occurs in Roeneke and Montgomery Counties from within the city limits of' Roencke upstream into the North and South Forks of ~e Roanoke. It -~Isa~ ~ upper R o ml-'~:e..~"~_~ ~ke 'c o~t .~ in'~'~ the Pi~RlWFsysie~-ihe IoSPer~ occurs in a 3a-mile reach of the mainstsm Pi~ River In Pitis¥1venia and Franklin Counties, and in Big Ches~ut Creek. a Franklin County tributary of the Ping. [ri the Nottoway River system the species occurs in a 3a-mile reach of the mainstsm in Sussex County, Virginia. and in Stony Creek. a tributary of the Nottowa7 in Dinwiddle and Sussex Counties. In the Smith River system, ,~. rex occurs in a 2.5-mile reach in Patrick Cotmi'y apstream o~ Philpott Reservoir. and in Town Creek. a Smith River trthutery in Hem'7 CountT. Recent survey date (Simonsoo and Nevus 198§} indicate that the largest population o[,~. ~ex inhabits the Upper Roanoke River. The ping River system is 34562 Federal Register / VoL 53, No. 173 / Wednesday, September 7, 1988 / Proposed Rules rather sparsely inhabited by the lngperch, while the Nottoway River has even lower population densities of the species. The Smith River lngperoh population appears to be extzemely small. projecL Results of ~e most recent comp~hensive su~ey [Simnnson and Naves 198~] indicate that ~e species has probabl~ already declined ~ ~e North Fork of the Roanoke. ~emical spills, which have increas~ in ~equency ~ ~e ~dus~alized sections of ~e ~ver ~ Salem and Roanoke. present a tonguing ~reat. ~e ~gg River and No~ Fork of ~e Roanoke a~ heavily impacted by silt washed ~om a~c~t~al lands ~ ~e watereh~s. The Roanoke lngperch hoc been ~cluded in ~e Notices o[ Review ~dica~g ~at it was a ~didate for A. The Present or Threatened Destruction, Mod/f/cation, or Curtailment of Its Habitat or Range The largest known population of the lngperoh, in the upper Roanoke River. is under increasing stress fi`om urbanization and industrial development (Jenkins 1979}. Urban runoff and other nonpoint-souroe pollution are increasing problems. Silt, oil. fertillzer and a variety of chemical pollutants in this nmoff degrade habitat of' the lo,perch. As urban development expands to the west along the Roanoke River Valley, the river reach degraded by this runoff will increase. Frequent chemical spills have occurred from the industries and transportation corridors along the upper Roanoke River. These have included fuel oil, diesel fuel, sodium cyanide, toluene, gasoline and ethyl benzene- creosote [Burkhead 1983]. Many of these spills have residted in fish kills, several extending over a distance of six miles or Additional threats in the upper Federal listing. These were published in Roanoke River habitat could result from May 13. 1980, Federal Re~stur (45 FR ~.the proposed West Roanoke Count~ 31447}. the December 30. 1982. Federal . ~ >_Water. Sup. ply Proje~L the Corps ol~ Re, stet [47 FR 584~4). and the -- rmg~neers Upper Roanoke River Flood September 18. 1985. Federal Re,stet (50 Control Project and the National Park PR 37958]. The last of these Notices, the Service's most recent vertebrate Notice of Review, placed the Ingperch in category 1, indicating that the Service had substantial information on hand to support listing the species as endangered or threatened. The Service was petitioned on September 29, 1983, by Mr. Noel Burkheed to list the Roanoke lngperch as a threatened species. In 1985 and 1988 evaluations of this petition the Service found that the action w~is warranted, but precluded from immediate proposal because of other pending proposals to list, delist or reclassify species. Notice of these findings was published in the Federal Register on lanuary 9, 1986 [51 FR 996] and June 30, 1987 [52 PR 24312}, respectively. Summary of Factors Affecting the Species SeCtion 4[a}(1} of the Endangered Species Act [18 U.S.C. 1531 et seq.} and regulations (50 CFR Part 424] promulgated to implement the listing provisions of ~he Act set forth the procedures for adding species to the Federal lists. A species may be determined to be an endangered or threatened species due to one or more of the five factors described in section 4(a}(1}. These factors and their application to the Roanoke logperoh {Porcine rex] are as follows: Service's Roanoke River Parkway proposal. Tl~.e .water.supply project is '~intended to Supply p~o~ected futu~ ' ~Water needs of Roanoke Coant¥ by Withdrawal of water fi`om the Roanoke River. As projected, it could result in long periods when a seven-mile reach of the Roanoke River would be drawn down to low flow levels. This river reach provides excellent Iogpe~ch habitat [Burl~ead 1988) that could be adversely affected by such extended Iow flows. Predicted effects of these Iow flow periods include exposure of riffles. decreased dissolved oxygen, increased pollution concentrations, and increased water temperatures during the summer and early fall. Certain recent project modifications, however, lessen the expected severity of these effects. The Corps of Engineers flood control project involves proposed channel modification of the upper Roanoke River within the ci~ limits of Roanoke. Althongh the Corps has flmded studies of the logperch and worked with the Service to reduce project impacts, some adverse effects on the logperch are expected. The National Park Service's Roanoke River Parkway could adversely affect the Ingpemh if it is constructed adjacent to the upper Roanoke River, but until the proposal goes beyond the conceptual stage, the significance of its impacts, if any. will remain unknown. The Smith River Ingperch popu at on is potential y threatened by the Corps of Engineers' Charity Hydropower Prelect, which would impound the entire reach of this river supportin8 the logperch. However. the Corps' recent study indicated that the project is not currently economically feasible. Most of the rivers supporting the ]ngperch are subject to siltation resulting from agricultural activities and other developments in their watersheds. The Pigg River and the North Fork of the Roanoke. in particular, are impacted by silt generated ~"om agriculture. This may partially account for the recently observed decline of the species in the North Fork of the Roanoke (Simonson and Naves 1986}. E. OverutHizaU'on for Commercial, Rect~tionnl, Sc/enteric or Educational Purposes Them la no evidence to snggest that overutilization for any of these purposes has cnn~buted to the decline of the lngperoh. Because of the species' low numbers, overoollection could adversely affect its smaller populations occurring outside the mainstream Roanoke River. C. Disease or l~dation There is no evidence that disease is a threat to this species. Predation may constitute a s~nificant portion of the mortali~ of the larval and post larval staees [Burkheed 198~], but this is not considered a significant threat so long as reproductive rates remain normal. D. The Inadequacy of Foa'stia~ Regulatory Mec3anisma Virginia state law (Sections 29.1412 and 29.1-418) requires a permit for the scientific collection of freshwater fishes, but does not protect the species' habitat fi`om the potential impacts of Federal projects. Federal listing would provide protection for the species under the Endangered Species Act by requiring Federal agencies to consult with the Service when projects they fund, authorize or carry out may affect the species. E. Other Naturul or Manmade Factors Affecti~8 [t~ Continued Existence The lngperoh is vulnereble to vandalism, particularly the smaller populations found at locatiuns other than the mainstem Roanoke River. The Service has carefully assessed the best scientific and commercial information available regarding the past, present, and future threats faced by this species in determining to propose this rule. Based on this evaluation, the preferred action is to list the Roanoke logpemh as endangered Each of the four conservation actions by Federal. State. jurisdiction of the U~ited States to take, relatively small arid widely Separated populations of the logpurch is susceptible to extirpation through - - continued adverse ]~abllat modification. Sevec. ul imminent threats ~re now present in the upper Roanoke River · drainage, which supports the species' ' largest population. FurtheTmora, the most recent comprehensive survey for the species [Simonson and Naves 1986) indicates a sharp dec~ine ~ the Nurt~ . Fork Roanoke population and low · population densities for all populations of the fish. Although three other populations of the species are extant, two of these populations [in the ' Nottoway River and the Smith Rivet) are highly vulnerahie to t~eata because of their small size: the third, in the Pig8 River, ls threatened by siltation. In view of the serious problems faced by the logperah, threatened status'is not · appropriate. Critical Habitat Section 4(a)[3] of the Act, as amended, requires that to the maximum extent prudent and determinable, the Secretary designate critical habitat at the time a species is determined to be endangered or threatened. As outlined above under Factors "B" and "E ...... , me specxes ts vulnerable to overCollection and vandalism. The Service finds that designation of critical habitat is not prudent for the Roanoke logperch. No benefit to the species has bean identified that would outweigh the potential threats of collection or . vandalism, which would be exacerbated by publication of a detailed critical habitat description. The Corps of Engineers has conducted studies of the upper Roanoke River population of the logperch and is familiar with the species'e total distributibr.. It is the agency that would be involved with most pr,o~jecta or permits affecting the species habitat. Several other Federal agencies have also been notified of the Roanoke logperch's distribution and requested to provide data on proposed Federal projects that might adversely affect the species. The involv&d Federal agencies thus already have the species' distributional data needed to determine if the species may be impacted by their action. Available Conservation Measures Conservation measm'es provided to species listed as endangered or threatened under the Endangered Species Act including recognition, recovery actions, requirements for Federal protection, and prohibitions against certain practices. Recognition through listing encourages and results Lu and private agencies, groups, and : individuals. The Endangered Species Act provides for possible land- acquisition and cooperation with the States and requites that recovery actions be carried out for all I~sted speciee. Such actions ara initiated by the Service following listing. The protection required of Federal agencies and the prohibitions against taking and harm are discussecL in perL below. Section ?(a) of the Act. as amended, requires Federal agencies to evaluate their actions with respect to any species that is proposed ur listed as endangured and with respect to Rs critical habitat, ff * import or expo~ ship ~a interstate commerce ~. the course ora commercial activity, or sell or offer for sale in interstate or fore/gu Comm~roe any endangerad fish or wfldl~e~speciee. It' also is diagal to possess, sell deliver, ' carry, transport, or ship ahy such wildlife that has been taken illagally. Certain exceptions apply to agents of the Service and State conse~'vation ' agencies. Permits may be issued to carry out other,~ee prohibited activities involving endangered w~tdiife species andec certain c~-~m,~tances' Regulations governing permits are at 50 CFR any is being designecL Regulatiana . Such permits are available for scientific implementing this interagency · purposes, to enhanco the Propagation or cooperation provision Of the Act are survival of the species, and/or for . found at ~0 CFR Part 402. Section ?(a)(4] requiras Federal agencies to confer _ informally with the Service on any action that is llkaly in ]eopardize the Public Commenta'Solldied cont/uued e~stance ora proposed species or result in destruction Or edver~ modLqcaflon of preposed critical habitat If a species is listed subsequently, section ?(a](g) requh'es Federal agencies to ensure that activities they authorize, fired, or carry out ara not 1Ucely to jeoparc~e the continued existence of such a species or to destroy or adversely modify its criUcal haMtat I~ a Federal action my affect a ~tsd species or its c~tical habitat, the responsible Federal agency must enter into formal consultation with Federal actlvitiee that could impact the Roanoke logperch include, but ure not lhn~ted to, the follow~8: Issuance of permits for stream alterations[ reservoir construction, wastewater facility development, tloed control projects, and road and bridge construction on the river reaches suppert~8 the logperoh. Four sp~cLqc proposed actions with Federal involvement that may affect the logperch are the West Roanoke County Water Supply Project, the Upper Roanoke River Flood Control Project, the Charity Hyd:opower Project and the · Roanoke River Parkway. These projects and potential Lmpacta on the species ate described above. Modifications of these planned activities may be ee~essaty to protect the Roanoke logperch. It has been the experience of the Service that nearly all section ? consultations are resolved so that the species ia protected and the project objectives are met. The Act and implementing regulations fotmd at $0 C~R ].7.2'1 set forth a series of general prohibitions and exceptions that apply to aU endangered wildlife. These prohibitions, in part, make it illegal for any person subject to the incidental take in connection with othervdse lawful activities. The Servfce intends that any rmal action resulting fi*om this proposal w~ be as accurate and as effective as possible. Therefore, any conunanta or suggestions from the pubUc, other concerned goveremant agencies, the scantific comman~ty, industry, or any other interested party concerein8 ~ny aspect of th~s proposal ara hereby solicited. Cerements purficulurly ara sou~t concer~. [1) Biological commercial trade, or other relevant data concerns& any gu*eat [or lack thersofJ to this species; [2) The location of any additional populations of th~s species and the reasons why any habitat should or should not be determined to be critical habitat ns provided by section 4 of the Act: [3) Additional Information conceroing the range and distribution of this spades; and ~41 Current or plarmed activities in the subject area and their possible impacts on thie species. The ~nal decision on this proposed role will take into consideration the comments end any additional Information received by the Service. and such communications may lead to adoption of a ~nal regulation that differs from this proposal. The Endangered Species Act provides for a public hearing on this proposal, if rsquestacL Requests must be filed within 4,5 days of the date of publication of the proposal Such requests must be made in writing [see ADORESSES section]. National Eaviroamental Folicy Act The Fish and Wildlife Service has determined that an Environmental Assessment. as defined under the .34564 Federal Register ] Vol. 53, No. 173 ] Wednesday, September ?, 1988 ] Proposed Rules and Threatened Plants and Animals of Virginia. Virg. Poiy. lost. and State Univ., Blacksbu.rg. Virginia. pp. 31~.-373. Jordan, D. S. 1889. Description of fourteen species of fi'eshwater fishes collected by the United States Fish Commission in the summer of 1888. Proc. U.S. NatL Mun. Simanson, T. D. and R. J. Naves. 1986. A status survey of the ore.eRa madtom INofuru$ g//6erfl] and Roanoke Ioeperch IPerc~'.nn ,"exl. Report for the Virginia Commission of Game and I~la.nd Fisheries, Richmond. Vir~nia. 103 pp. Author T~e primary author of this proposed t~la is G. Andrew Moset. Anaapolie Field Office, U.S. Fish sad Wildlife ~,fear,~ .ce, 1825 V[rg~a Sb'eet, Azmapo]is, ry~and 21~0Z List of Subjects in SO CFR Part 17 Endangered and threatened wildlife, Fish. Marine mammals, Plants [agrinu~ture}. authority of the National Environmental Policy Act of 1969, need not be prepared in connection with regulations adopted pursuant to section 4la} of the Endangered Species Act of 1973, as amended. A notice outlining the Service's reasons for this determination was published in the Federal Re~ister on October 25, 1983 {48 FR 49244}. References C~ted Burkheed. N. M. 1983. Ecological studies of two potentially threatened fishes [the o~ngefin madtom. Noturos gilberE, and the Roanoke logperoh. Peroino rexl endemic to the Roanoke River drainage. Report to Wilminaton District Corps of Engineers. Wilmington, [~.torth Carolina. 155 pp. Burkhead, N. M. 198& putent~al impact ofhte West County Reservoir Project on two endemic ram fish and the aquatic biota of the upper Roanoke River. Roanoke County, Virginia. Report to Roanoke County Public Facilities Dept. Roanoke. Virg~a. 15 pp. leal(las, R, R. 1979. Freshwater and Marina Fishes. In D? W..Limmy [ed.), E~dangered Proposed Regulation Promulgation According]y, it is hereby propoeed to emend Part 17, Subchapter B of Chapter L Title S0 of the Code of Federal Regulations, as set forth below:. FART 1?--[AMENDED] 1. The authority citation tot Part 17 continues to read aa follows: ' Authodty: Pub. L. 93-20,5, 8? Stat. 884; Pub, L 94--359, gO Stat. 9~1; Pub. L 95-632. 92 Stat. 3751: Pub. L 96-159. 93 Stol 1225; Pub. L. 97- 304, 97 Stat. 1411 (16 U.S.C. 1531 et seq.]: Pub. L 99--625,100 Stat. 3,5~0 (19881, ua]ess otherwise noted. 2. It is proposed to amend § 17.11 b] by addln8 the following, n alphabetical order u~der "Fishes," to the List of Endangered and Threatened Wildlife: § 17.11 Endangered and ttlreatened wildlife. lb}* · · Vwteerate I~ou~aUoa Dated: August ~1, 1988. Susan Racoa, Ass/stoat Secretar3t for Fish and Wildlife and [FR. Doc. 88-202..~ Filed ~ 8:45 am] United States Department of the Interior FISH AND WILDLIFE SERVICE DIVISION OF ECOLOGICAL SERVICES 1825 VIRGINIA STREET ANNAPOLIS, MARYLAND 21401 September 29, 1987 Mr. Noel C. Taylor, ~ayor 215 Church Avenue, SW Roanoke, VA Dear Mr. Taylor: We are writing to inform you that the U. S. Fish and Wildlife Service is planning in the near future to propose endangered status for the Roanoke logperch, a fish of the perch family. The species occurs in four widely separated populations in sections of the following Virginia rivers: upper Roanoke River (Roanoke and Montgomery Counties), Pigg River (Pittsylvania and Franklin Counties), Nottoway River (Dinwiddie and Sussex Counties), and the Smith River (Patrick and Henry Counties). Each of these relatively small, disjunct populations is susceptible to extirpation through adverse habitat modification. The principal purposes of placing a species such as the logperch on the Federal list of endangered or threatened species are to bring attention to them so they will receive protection and to prevent Federal agencies from taking actions which would jeopardize the survival and recovery of the species. It generally does not affect private, local', or state projects unless Federal funds or permits are involved. If you have any questions regarding this planned action, please contact Mr. G. Andrew Moser of my Endangered Species Staff (301-269-5448). Since/~2y yours, ~ · Supervisor Annapolis Field Office Office of the City Manage; November 10, 1987 Mr. Glenn Kinser, Supervisor Annapolis Field Office Onited States Department of the Interior Fish and Wildlife Service Division of Ecological Services 1825 Virginia Street Annapolis, Maryland 21401 Dear Mr. Kinser: Reference your letter of September 29, 1987 informing us that the U. S. Fish and Wildlife Service is planning in the near future to propose endangered species status for the Roanoke Logperch. I am opposed to that designation. The designation of a fish species as an endangered species imposes special classification and restrictions (usually artificial conservation) on the utilization of the waters in that species' habitat. The Roanoke River is the largest natural water resource in the Roanoke Valley. That river is the source for a planned water supply, is the focal point of a linear parks system, has a flood control project planned for it, is the recipient of storm water runoff from our lawns and streets, and is the recipient of the effluent from our Sewage Treatment Plant. This City relies heavily on the Roanoke River as a resource for our cor~munity. We have not seen any study, report of survey, or any other criteria used to support the designation of the species as an endangered species, the benefit of the designation, or the cost of the designation. We do know that any costs or restrictions caused by the designation will ultimately be imposed on the local government or its citizens. If you can assure me that the designation of the Roanoke Logperch as an endangered species will not compromise the utilization of this water supply in any manner inconsistent with the criteria utilized to establish water quality standards for waters in streams and rivers in this geographical area that do not have endangered species, then I will withdraw my objections. Otherwise, my objection stands. Sincerely, W. Robert Herbert City Manager Room 364 Municilg~l ~uilcling 215 Church Avenue, SW. Roanoke, Virginia 24011 (703~ 981-2333 Mr. Glenn Kinser November 10, 1987 Page 2 WRH:K~K:afm cc: Honorable Mayor and City Council City Attorney, City of Roanoke City Manager, City of Salem County Administrator, Roanoke County Town Manager, Town of Vinton Mr. G. Andrew Moser United States Department of the Interior FISH AND WILDLIFE SERVICE DIVISION OF ECOLOGICAL SERVICES 1825 VIRGINIA STREET ANNAPOLIS, MARYLAND 21401 Mr. W. Robert Herbert City Manager Municipal Bldg., Room 364 215 Church Avenue, S.W. Roanoke, Virginia 24011 Dear Mr. Merbert: Thank you for your response of November 10 to our early coordination letter regarding the upcoming proposal of the Roanoke logperch as an endangered species. We expect the listing of the logperch to have a significant effect on only one of the projects you mentioned--the water supply project. The planned linear parks system is consistent with protection of the Roanoke River and its fish fauna. In fact, maintenance of the river and its flshery resources will greatly enhance the recreational and aesthetic values of these parks. The Roanoke sewage treatment plant is sited downstream of the known distribution of the Roanoke logperch; therefore its operation should not be affected by the listing. The Upper Roanoke River Flood Control Project will affect the lower end of the logperch's habitat in the Roanoke, but because the Corps of Engineers has worked closely with us in the design of the project, we foresee no serious conflict between this project and the protection of the logperch's habitat. Although the current design of the Roanoke County water supply project does conflict with maintenance of the habitats of the logperch and other fish, we believe this conflict can be resolved. The evidence seems clear that there is plenty of water available to Roanoke County to supply future municipal and industrial'needs and maintain important riverine habitats tn Roanoke County. The two major alternative water sources are ground water and Smith Mountain Lake water. Aside from going completely to alternative water sources, we see two potential solutions to this problem: (1) decreasing the quantity of water withdrawn from the Roanoke River and augmenting the water supply from the alternative sources; or (2) development of a larger reservoir storage capacity by the County, to allow optimal use of high flows in the Roanoke River. We have worked with Roanoke County, the Corps of Engineers, and the Virginia Department of Game and Inland Fisheries in the past in an effort to resolve this problem and will continue to do so. We hope Chat we have addressed your concerns. Please contact us if we can be of further assistance. Since r~ly yours, Supervisor Annapolis Field Office 335~ Academy Street Salem VA 24153 16 Oct 1988 Roanoke City Council Roanoke VA Dear Sirs: I write concerning the Roanoke logperch, percina rex, a fish species found only in the Roanoke River basin, and which is proposed for Endangered status nationally by the U. S. Fish and Wildlife Service (USFWS). I write as an ichthyologist having much experience with this species and endangered species as a whole. Additionally, I am a teacher, conservationist, and 22~. year resident of the Roanoke Valley. I write to counter comments by Robert Herbert, Roanoke City Manager, who stated that endangered status of the logperch should be opposed on grounds that such designation would increase costs for certain civic projects, and would reduce options on other projects (Roanoke Times and World-News 14 Oct 1988). Mr. Herbert is not a biologist nor apparently knowledgeable of the plight of endangered species and the mode of legislating their status. One should not simply step into a case, such as that of the Roanoke logperch, without detailed information on the particular animal and a broad understanding of endangered species (i.e., why they are endangered and the tenuity of their continued existence). As in any arena, lack of sufficient background can easily lead to error, and that is the way the City Council would be guided. Suffice it to say here that the logperch clearly merits endangered status, as determined independently by three groups of research biologists (at Roanoke College, Virginia Tech, USFWS). It is absolutely certain that the logperch population most meriting protection is in the upper Roanoke Valley. If any civic group wishes, I would give a seminar to demonstrate this; the presentation would consider endangered fishes in general, recently extinct ones, and the jeopardy of the logperch in particular. Then the Roanoke City Council would have a sound basis to evaluate the situation, and would find that their economic concerns are irrelevant regarding endangered-status designation. Roanoke City Council should view endangered status of the logperch in positive light. Protection of the logperch equates with protection of Roanoke River and the quality of life in and around. There are many users of Roanoke River; the number will increase. Included are fishermen, boaters, picnikers, waders on a hot summer day, and those who simply like to look at a clean river, or at least know the river has 'and will continue to have quality. Council attitude should be that an endangered logperch (particularly with critical habitat designation) would be a lever to oppose degradation of the river, for the good of all. .~ Yes, some projects may cost more in order to avoid misuse of Roanoke River. Many are willing to p~y, and many. more would with beneficent consideration of the logperch by City Council. quite supportable by the public. Endangered status of the logperch is Why not bring the Roanoke logperch to the public? With a permit, several could be placed in an aquarium in the Science Museum of Roanoke Valley. Visitors would be fascinated by its unique feeding habits--overturning stones with the tip of the snout~-and would marvel that here in Roanoke Valley lives a fish found in no other river system on Earth! Thank you very much for your consideration. Sincerely, Robert E. Jenkins, Ph. D. Office of the City Clerk October 19, 1988 File #60-44 Mr. Joel ~. Schlanger Director of Finance Roanoke, Virginia Dear tlr. Schlanger: I am attaching copy of Ordinance No. 29336, amending and reor- daining certain sections of the 1988-89 Capital Fund Appropriations, transferring $34,700.00 from the 1985 Bond Series Account to Nursing. Home Alterations/Additions to provide funds for needed improvements at the Roanoke City Nursing Home, which Ordinance No. 29336 was adopted by the Council of the City of Roanoke at a regular meeting held on ~onday, October 17, 1988. Sincerely, ~ ~4ary F. Parker, CMC City Clerk MFP: ra Enco Mr. W. Robert Iterbert, City Manager James D. Ritchie, Director of Human Resources Bernice Jones, Administrator, Roanoke City Nursing Home Room 456 Municipal Building 215 C"Jhurch Avenue S W Roanoke V~rg~nia 2401 t (703) 981-254t IN THE COUNCIL OF THE CITY OF ROANOKE, The 17th day of October, 1988. No. 29336. AN ORDINANCE to amend and reordain 1988-89 Capital Fund Appropriations, emergency. VIRGINIA, certain sections of the and providing 'for an WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1988-89 Capital Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: Appropriations General Government Nursing Home Alterations/Additions (1) ............ Capital Improvement Reserve ' Public Improvement Bonds 1985 (2) .................. 1) Appr. from Bonds (008-054-9608-9001) $ 34,700 2) Public Impr. Bonds - B~ildings (008-052-9577-9183) (34,700) $13,052,977 151,396 8,138,637 934,737 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk October 17, 1988 The Honorable Noel C. Taylo~ Mayor and Members of City Council Roanoke, Virginia Members of Council: SUBJECT: FUNDS FOR ACTIVII~ RO0~ AND RELATED IMPROVE~4ENTS AT THE ROANOKE CIl~' NURSING HOP~E I. BACKGROUND A bond issue was approved (Bond Series, 1985) by Roanoke City voters which included $150,000 for an activity room and related improvements at the Roanoke City Nursing Home. City Council authorized a contract on April 25, 1988 with Campbell Construction and Development for $91,919 with $7,381 for contingency, and $16,000 for furnishings. The balance of the funds, ~34,700, is needed for related capital improvements to improve the quality of life for the patients at the Nursing Home and to make necessary related improvements. II. CURRENT SITUATION The balance of the funds, $34,700, is needed at the Nursing Home to complete the following projects: 1. Air conditioning of two offices at a cost of $2~000. a) Two existing offices were renovated to accommodate the Activities Director and the Social Worker rather than the original plan of adding these offices to the new construction. b) The renovations were done without additional funding except for the air conditioning. Replace existing outside doors to the Nursing Home - $9,200. 3. Two bedpan hopper sterilizers at $8,000 each - $16,000. 4. Dishwasher - $5,000. Folding tables and chairs with chair caddy for activities room - $1,200. 2 6. Wide-screen TV - $2~500. 7. Stereo - $1,300. Council action is required before the funds can be transfered from the bond account to be used for the above needs. III. ISSUES A. quality of care for residents. B. Funding. IV. ALTERNATIVES Approve the expenditure of funds from the bond issue approved by Roanoke City voters. quality of care for residents. Comfort and enjoyment of patients will be enhanced at the Roanoke City Nursing Home. ~unding. Funds are available in the Capital Projects Fund, Capital Improvement Reserve Account #008-052-9577-9183, after completion of the activities room, for other related improvements as approved by Roanoke City voters in the bond issue. Do not approve the expenditure of funds from the bond issue approved by Roanoke City voters. Quality of care for residents. Comfort and enjoyment for patients at the Nursing Home will be enhanced due to lack of needed improvements. not Funding. Bond money approved by the voters for improvements at the Nursing Home would not be expended. V. RECOMMENDATION City Council concur in the implementation of Alternatiw ~ and approve the expenditure of funds from the bond issue for needed improvements at the Roanoke City Nursing Home. Transfer }34~700 from the 1985 Bond Series, Account #008-052-9577-9183, to the Nursing Home Alterations Project, #008-054-9608-9001. WRH/JDR/slw Respectful ly submitted, W. Robert Herbert City Manager cc: Wilburn C. Dibling, City Attorney Joel M. Schlanger, Director of Finance James D. Ritchie, Director of Human Resources Bernice Jones, Administrator, Roanoke City Nursing Home Office of the Ci~, Clerk October 19, 1988 File #70 Breathing Air Systems 8855 East Broad Street Reynoldsburg, Ohio 43068 Ladies and Gentlemen: I am enclosing copy of Ordinance No. 29337, accepting your bid for one new breath'ing air machine, in the total amount of $21,307.00, which Ordinance No. 29337 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 17, 1988. Sincerely, ~ Mary F. Parker, CMC City Clerk MFP: r a Enc. pc: Mr. W. Robert Herbert, City Manager Mr. Joel ~f. Schlanger, Director of Finance Mr. George C. Snead, Jr., Director of Administration Public Safety Afr. Billy N. Akers, Acting Fire Chief Mr. D. Darwin Roupe, Manager, General Services and Room 456 Municipal Building 215 C~urch Avenu~ SW ~:x~nOke ',4rglnfa 24011 (703) 981-2541 Office of the City Clerk October 19, 1988 File #70 Walters ,~fechanical Service 516 Chestnut Mountain Drive Vinton, Virginia 24179 Ladies and Gentlemen: I am enclosing copy of Ordinance No. 29337, accepting the bid of ~reathing Air Systems for one new breathing air machine, in the total amount of $21,307.00, which Ordinance No. 29337 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 17, 1988. On behalf of appreciation equipment. the Members of City Council, I would li~e to express for submitting your bid on the abovedescribed ~incerely, ~ ~ Mary t~. Parker, CMC City Clerk MFP: r a Eno. Room 456 Municil:~l Buildin~ 215 Church Avenue SW Roanoke ~rg~nia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of October, 1988. No. 29337. AN ORDINANCE accepting the bid of Breathing Air Systems, the City for rejecting all gency. furnishing and delivering one new breathing other bids made to the City; and providing made to air machine; for an emer- BE IT ORDAINED by the Council of the City of Roanoke that: 1. The bid of Breathing Air Systems, made to the City, offering to supply one new breathing air machine, meeting all of the City's specifications and requirements therefor, for the total bid price of $21,307.00, which bid is on file in the Office of and is hereby ACCEPTED. 2. The City's Manager of General Services is and directed to issue the requisite purchase order therefor, the City Clerk, be hereby authorized incor- porating into said order the City's visions of this ordinance. 3. Any and all other bids made specifications, the terms and pro- to the City for the aforesaid machine 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, Virginia October 17, 1988 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: SUBJECT: BIDS FOR BREATHING AIR MACHINE BID NUMBElt 88-9-15 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/ms cc: City Attorney Director of Finance Roanoke, Virginia October l?~ 1988 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: SUBJECT: BIDS FOR BREATHING AIR MACHINE BID NUMBER 88-9-15 I. BACKGROUND ae State of Virginia, Fire Programs Fund, is distributed to localities in the Commonwealth of Virginia, for the purpose of procuring additional fire safety equipment and training. Be Existing Breathing Air Equipment is in poor condition and frequently requires maintenance. Also, the existing system will not refill one (1) hour air bottles. Bid specifications for a Breathing Air Machine was developed and specifically sent to six (6) vendors. A public adver- tisement was also published in the Roanoke Times and World News on September 11, 1988. Bids were receiveR, after due and proper advertisement and were opened and read in the Office of the Manager of General Services, at 2:00 p.m., on September 22, 1988. II. CURRENT SITUATION Two (2) bid responses were received. attached. Bid tabulation is Be Ail bids received were evaluated in a consistent manner by representatives of the Fire Department and General Services. The lowest bid, submitted by Breathing Air Systems, meets all specification requirements. III.ISSUES A. Need B. Compliance with Specifications C. Fund Availability IV. ALTERNATIVES ae Accept the lowest responsible bid for one (1) new Breathing Air Machine, as submitted by Breathing Air Systems for the total amount of $21,307.00. Honorable Mayor and City Council Page 2 Ve Need - requested equipment is needed to refill breathing air tanks used for fire services. Compliance with Specifications - the low bid from Breathing Air Systems meets all required specifications. Fund Availability - funds are in account number 035-050-3216-9015 to provide for this purchase. B. Reject all bids. Need - the refilling of necessary breathing air tanks would not be accomplished in the most effective and efficient manner. e Compliance with Specifications - would not be a factor in this alternative. Fund Availability - state funds provided for this purpose would not be expended. RECOMMENDATION Council concur with Alternative "A", accept the lowest responsible bid meeting specifications for one (1) new Breathing Air Machine, as submitted by Breathing Air Systems for the total amount of $21,307.00 and reject other bid. Respectfully submitted, Chairman: ~ C~ George. Snead GCS/DDR/ms cc: City Attorney Director of Finance Chief', Harry p~. McKir~ey /- D. Darwin Roupe o o 0 0 Office of Fne C!ty Ciei~ October 19, 1988 File #514 Hr. Joseph D. Logan~ Attorney 300 Shenandoah Building Roanoke, Virginia 24011 Dear ~r. Logan: I am enclosing copy 'of Ordinance No. 29321, permanently vacating, discontinuing and closing a 1.2 foot wide portion of an alley located between Sixth and Seventh Streets, S. W., constituting the southerly portion of the alley abutting lots designated as Official Tax Nos. II12412 - 1112418, respectively, which Ordinance No. 29321 was adopted by the Council of the City of Roanoke on first reading on Monday, October 10, 1988, also adopted by the Council on second reading on Monday, October 17, 1988, and will take effect ten days following the date of its second reading. Sincere/y, ~~ Mary F. Parker, C,IIC City Clerk MFP:ra Enco pc; Mr. & ,~trs. Charles W. Turpin, 501-A Campbell Avenue, S. W. Roanoke, Virginia 24016 ' ~s. JoSephine A. Thomas, et als, 505 Campbell Avenue, S. W., Roanoke, Virginia 24016 :~r. Philip O. Stuart, et als, 1612 Hilton Road, Burlington, North Carolina 27215 ,~r. Jimmy Jenkins, Buford Lumsden & Associates, p. O. Box 20689, Roanoke, Virginia 24018 Mr. W. Robert Herbert, City Manager Mr. Witburn C. Dibling, Jr., City Attorney ,~r, Von W. ~toody, III, Director of Real Estate Valuation Room 456 Muni¢ipol Building 215 Churct~ Avenue SW Rcx~noke Virginia 24011 (703) 981-254'~ Mr. Joseph D. Logan, October 19, 1988 Page 2 III pO: Mr. Michael ,~. IValdvo~el, ChairBan, City Planning Commission Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals Mro William F. Clark, Director of Public Works Mr. Kit ~. ~iser, Director of Utilities and Operations ~4r. Charles M. Huffine, City Engineer Mr. Ronald ft. ~1iller, Building Commissioner and Zoning Administrator Mr. John R. ,~4artles, Agent/Secretary, City Planning Commission Mr. Edward R. Tucker, City Planner Ms. Doris Layne, Office of ~eal ~state a~ tarpon V Mr. Jerome S. Howard, J.., Commissioner of Revenue C~ce of ~e City Clerk October 19, 1988 File #514 Miss Patsy Testerman Clerk of the Circuit Roanoke, Virginia Court Dear Miss Testerman: I am attaching copy of Ordinance No. 29321 for proper recordation in your office, which provides for the permanent vacating, discontinuing and closing of a 1.2 foot wide portion of an alley located between Sixth and Seventh Streets, S. W., constituting the southerly portion of the all¢~ abutting the lots designated as Official Tax Nos. 1112412 1112418, respectively, which Ordinance No. 29321 was adopted by the Council of the City of Roanoke on first reading on Monday, October I0, 1988, also adopted by the Council on second reading on Monday, October 17, 1988, and will take effect ten days following the date of its second reading. Sincerely, ~~ Mary F. Parker, CMC City Clerk MFP:ra Enc. pc: Mr. Joseph D. ~ogan, Roanoke, Virginia 24011 Attorney, 300 Shenandoah Building, I'~om 456 Municipal Building 215 CY~urch Avenue SW Roanoke ~rg~nia 24011 (703) 98t-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 17th day of October, 1988. No. 29321. VIRGINIA, AN ORDINANCE permanently, vacating, discontinuing and closing cer- tain public right-of-way in the City of Roanoke, Virginia, as is more particularly described hereinafter. WHEREAS, W.M.S. Partnership and L. O. Brown, Jr., have filed an application to the Council of the City of Roanoke, Virginia, in accor- dance with law, requesting the Council to permanently vacate, discon- tinue and close the public right-of-way described hereinafter; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §30-14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council. WHEREAS, a public hearing was held on said application by the City Council on October 10, 1988, at 7:30 p.m., after due and timely notice thereof as required by §30-14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on said application; and WHEREAS, it appearing from ~he foregoing that the land proprietors affected by the requested closing of the subject public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no inconvenience will result to any individual or to the public from per- manently vacating, discontinuing and closing said public right-of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that that public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: BEING a 1.2 foot wide portion of the alley located between 6th and 7th Streets, S. W., constituting the southerly portion of the alley abutting the lots designated as Official Tax Nos. 1112412, 1112413, 1112414, 1112415, 1112416, 1112417 and 1112418. be, and it hereby is, permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, quitclaimed, released and conveyed insofar as the Council of the City of Roanoke is empowered so to do, to the respec- tive applicants. BE IT FURTHER ORDAINED that the City Engineer be, and he is, directed to mark "permanently vacated" on said public right-of-way on all maps and plats on file in his office on which said right-of-way is shown, referring to the book and page or ordinances and resolutions of the Council of the City of Roanoke, Virginia, wherein this ordinance shall be spread. BE IT FURTHER ORDAINED that the Clerk of the Council deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation in the Deed Books of said Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the names of W.N.S. Parnership and L. O. Brown, Jr., and the names of any other parties in interest who may so request, as Grantees. BE IT FURTHER ORDAINED that this ordinance shall take effect Upon the recordation by the applicants of a plat of subdivision, approved by the City, combining the area of the riEht-of-way abandoned hereby with their respective properties. ATTEST: City Clerk. Roanoke City Planning Commission October 10, 1988 The Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request from W.M.S. Partnership and L. O. Brown, Jr., represented by Joseph D. Logan, III, attorney, that a portion of an alley located between 6th and 7th Streets, S.W., more specifically described as a 2' wide strip constituting the southerly portion of the alley abutting the lots designated as official tax nos. 11124i2, 1112413, 1112414, 1112415, 1112416, 1112417 and 1112418, be permanently vacated, discontinued and closed, pursuant to Section 15.1-364 of the Code of Virginia (1950), as amended. I. Background: Public alley as referenced in the application is located at the rear of 631 Campbell Avenue, S.W., as formerly occupied by the Cardinal Buick dealership. .Alley is developed (surface treated and gravel) and extends from 6th Street to 7th Street, S.W. Right-of-way is 12' in width. Portion of the alle~ as requested for closure represents a two' strip along the southerly right-of-way boundary of the subject alley. D. Two foot strip is being requested for closure in order to eliminate the minor encroachment of two of the adjacent buildings into the 12' right-of-way of the subject alley. E. Owners of the encroaching buildings are W.M.S. Partnership and L. O. Brown, Jr. (applicant). 355 Municipal Ouiiding 215 Church Avenue S.W. Roanoke, Virginia 24011 (703) 981-2344 III. II. Current Situation: ~urvey of the properties of W.M.S. Partnership and L. O. Brown, Jr., revealed that the existing buildings situated on the properties as official tax nos. 1112412 and 1112414 were encroaching upon the adjacent public alley by distances of 1.2', 1.1', and 0.8' (see attached plat A). Owners of the properties are currently preparing to sell the properties and would like to eliminate any encumbrances upon title, such as encroachments. Request to vacate a two foot strip was made in order to establish a straight right-of-way line and width of 10' alongside the area of building encroachments. Buildin8 situated on tax no. 1112414 has occupied, by encroachment, 1.2' of the alley right-of-way for many years (see attached drawing C). Right-of-way space occupied by buildings or structures cannot be utilized for public right-of-way purposes. Alley right-of-way with the existing encroachments has apparently served the needs of the immediate community without incident for many years. Vacation of the right-of-way should not, however, extend beyond the limit of the deepest encroachment (1.2'). F. Planning Commission held public hearing on September 7, 1988. There was no opposition present at the hearing. Issues: Neighborhood impact: Closure of a 1.2' strip of the subject alley right-of-way will have no effect on the immediate business or public community. B. Traffic impact: Closure of a 2.0' strip of the alley right-of-way would provide sufficient area for the installation of a fence along the alley. A fence along a 10' alley right-of-way could be restrictive to traffic. Closure of a 1.2' strip of the alley right-of-way would extend only to the rear wail of the encroaching building and would therefore in no way impede or restrict the free movement of traffic through the alley (see attached drawing C). Utilities within the right-of-way: There are no utilities within the area of the alley right-of-way as requested for closure. FJ Creation of a dead-end alley: Closure would not create a dead-end alley. Land use: Closure of the 1.2' strip of the alley right-of-way that has been occupied by a permanent building structure for many years would not affect the alley's use as a public right-of-way. Relationship to the Comprehensive Plan: Intent of the comprehensive plan is that available land be used in the most appropriate manner. 1. Buildings have occupied an area of 0.8' to 1.2' alongside and within this alley right-of-way for many years. 2. Closure of just the area of the building imprint at the encroachment would create an irregular alignment of the alley right-of-way. Closure of a 1.2' strip of the alley right-of-way would eliminate the building encroachments upon the alley, remove the encroachments as encumbrances upon the adjacent property ownerships, and still have no ill effects upon the alley's use for traffic purposes (see attached drawing C). IV. Recommendation: The Planning Commission, by a vote of 6-0, recommended that the applicants' request to close a portion of the subject alley be approved subject to the following conditions: Bo That the applicant agree to amend the current application to provide for the closure of a 1.2' portion of the alley instead of 2.0'. That the applicant agree to define the alignment of this 1.2' strip upon the plat of subdivision recently submitted by the applicants for the subdivision of the property for the City's review and approval prior to the plat's recordation. That the ordinance effecting the closure of the subject portion of the alley be contingent upon the recording of this plat. Respectfully submitted, Roanoke City Planning Commission ERT:mpf attachments cc: Assistant City Attorney Director of Public Works City Engineering Building Commissioner/Zoning Administrator Attorney for the Petitioner IN THE COUNCIL O~THE ~iTY OF ROANOKE, VIRGINIA IN RE: Application of W. M.S. ) PARTNERSHIP AND L. O. BROWN, JR.) for vacation of PART OF AN ALLEY) LOCATED BETWEEN 6TH STREET AND ) ?TH STREET IMMEDIATELY BEHIND ) OFFICIAL TAX MAP NOS. 1112412, ) 1112413, 1112414, 1112415, ) 1112416, 1112417 AND 1112418 ) APPLICATION FOR VACATING, DISCONTINUING AND CLOSING OF .~ART OF AN ALLEY MEMBERS OF COUNCIL: W. M. S. PARTNERSHIP AND L. O. BROWN, JR., by Joseph D. Logan, III, their attorney, apply to have A PORTION OF AN ALLEY LOCATED BETWEEN 6TH AND 7TH STREETS AND LYING IMMEDIATELY BEHIND OFFICIAL TAX MAP NOS. 1112412, 1112413, 1112414, 1112415, 1112416, 1112417 AND 1112418, in the City of Roanoke, Virginia, permanently vacated, discontinued and closed, pursuant to applicable provisions of law. This portion of the alley to be vacated is more particularly described as follows: BEING a 2' wide strip constituting the southerly portion of the alley abutting the lots designated as Official Tax Map Nos. 1112412, 1112413, 1~12414, 1112415, 1112416, 1112417 and 1112418. Petitioners state that the grounds for this application are as follows: 1. There are several buildings, which have been located on several of the parcels for many years. The buildings may encroach slightly upon the alley within the two foot strip desired to be vacated. The possible encroachment was -1- discovered when a recent survey was made by a proposed purchaser ~f part of the property. 2. Vacation of a two eliminate any question as to portions of the buildings. foot strip of the alley will the status of any encroaching 3. Vacation of a continuous two-foot strip behind the property will leave a straight, uniform li~e between the remaining portion of the alley and the parcels. The remaining portion of the alley will be of adequate width. Exhibits are attached hereto as follows: No. 1. Names and addresses of owners along the alley who might be affected by the vacation. No. 2. A copy of a portion of City Appraisal Map Sheet 111 showing the location of the part of the alley sought to be vacated. WHEREFORE, Petitioners respectfully request that the above described two foot wide part of the alley be vacated by the Council of the City of Roanoke, Virginia, in accordance with applicable provisions of law so that the title to the two foot wide strip where it abuts each of the aforesaid parcels will vest in the owner of each parcel. Joseph D. Logan, III 300 Shenandoah Building Roanoke, Virginia 24011 345-8837 B2 Respectfully submitted, W. M. S. Partnership and L. O. Brown, Jr. J?s~4~ D./Zogan/' III, its August 5, 1988 -2- EXHIBIT NO. 1 Petition to Vacate Part of an Alley - W. M. S. Partnership and L. O. Brown, Jr. #1112401 - * #1112404 - * #1112405 - * #1112406 - * #1112407 - #1112408 #1112411 - Charles W. and Virginia B. 50lA Campbell Avenue Roanoke, Virginia 24016 Turpin City of Roanoke Fire Station #3 c/o The Honorable Noel Taylor, Mayor City of Roanoke Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 #1112412 - * #1112413 - * #1112414 * #1112415 - * #1112416 - * #1112417 - * #1112418 - * #1112419. #1112420 #1112421 #1112422 Josephine A. Thomas, et als 505 W. Campbell Avenue Roanoke, Virginia 24016 - Philip David Stuart 1612 Hilton Road Burlington, North Carolina 27215 *Owned by a Petitioner j>'u . ~ APPRAISAL HAP CITY' OF P-OAK/O~E, VA. 5H~-~'T ~--.-o' III LOCATION Former Cardinal Buick Dealership 7th Street, S. W. ~ ToCampbellAvenue Existing. A_lle_y Rig to 6th Street, S. W. Area of Alley Right-of~W'ay Recommended for Closure Subject Alley NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: The Council of the City of Roanoke will hold a Public Rearing on Monday, October 10, 1988, at 7:30 p.m. or as soon thereafter as the matter may be heard, in the Council Chamber in the Municipal Building, 215 Church Avenue, S. W., on an application to permanently abandon, vacate, discontinue and close the following public right-of-way: Being a 1.2 foot wide portion of the alley located between 6th and 7th Streets, S. W., constituting the southerly portion of the alley abutting the lots designated as Official Tax Nos. 1112412, 1112413, 1112414, 1112415, 1112416, 1112417 and 1112418. 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 September , 19 88 Mary F. Parker, Please publish in full twice, once on Friday, September 23, 1988, and once on Friday, September 30, 1988, in the Roanoke Times and World News, Morning Edition. Please send publisher's affidavit to: Ms. Mary F. Parker, City Clerk Room 456, Municipal Building Roanoke, Virginia 24011 City Clerk. Please bill to: Mr. Joseph D. Logan, III Attorney 300 Shenandoah Building Roanoke, Virginia 24011 Office of ~e City Cle~ September 22, 1988 File #514 Mr. Joseph D. Logan, III Attorney 300 Shenandoah Building Roanoke, Virginia 24011 Dear Mr. Logan: 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 clients~ W.M.S. Partnership and L. O. Brown, .Ir., that a 1.2 foot wide portion of the alley located between Sixth and Seventh Streets, S. W., constituting the southerly portion of the alley abutting the lots designated as Official Tax Nos. II12412 1112418, respectively, be permanently vacated, discon- tinued and closed. Pursuant to Resolution No. 25523 adopted by the Council of the City of Roanoke at a regular meeting held on Monday~ April 6, 1981, a public hearing on the abovedescribed request has been set for Monday, October 10, 1988, at 7:30 p.m., in the Council Chamber, fourth floor of the Municipal Building. For your information, I am also enclosing copy of a notice of the public hearing and an Ordinance providing for the vacation, which notice and Ordinance were prepared by the City Att~)rney's Office. Please review the Ordinance and if you have any questions, you may contact Mr. William M. Hackworth, Assistant City Attorney, at 981-2431. Questions with regard to the Planning Commission report should be directed to Mr. John R. Martles, Chief of Corr~unity Planning, at 981-2344. Sincerely, Mary F. Parker, ChiC City Clerk MFP:~a Ro-~ ' 1'~5 '/' ,c~,~.~i n, ,,u ,,~. ' ~ ~td", A,,eme ~ ~ Rcar<:~,e ,~rg~ma 24/)11 (703) 981-2541 Mr. Joseph D. Logan, Page 2 September 22, 1988 pc~ Mr. & Mrs. Charles W. Turpin, 501-A Campbell Avenue, S. W., Roanoke, Virginia 24016 ~s. Josephine ~. Thomas, et als, 505 Campbell Avenue, S. W., Roanoke, Virginia 24016 Hr. Philip D. Stuart, et als, 1612 Hilton Road, Burlington, North Carolina 27215 ~r. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Von W. Moody, Ill, Director of Real Estate Valuation Mr. Michael M. Waldvogel, Chairman, City Planning Commission Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals Mr. William F. Clark, Director of Public Works Mr. Kit B. Kiser, Director of Utilities and Operations Mr. William lt. Hackworth, Assistant City Attorney Mr. Charles M. Huffine, City Engineer Mr. Ronald H. Miller, Building Commissioner and Zoning Administrator Mr. John R. Marlles, Agent/Secretary, City Planning Commission Ms. Doris Layne, Office of Real Estate Valuation Mr. Jerome S. Howard, Jr., Commissioner of Revenue C~ce o~ ~ne City Clerk September 19, 1988 File #514 Mr. Michael M. Waldvagel Chairman City Planning Commission Roanoke, Virginia Dear ~r. Waldvogel: Pursuant to Ordinance ~o. 25226, I am enclosing copy of an amended application from Joseph D. Logan, lII, Attorney, repre- senting W.~.S. Partnership and L. 0. Brown, J~., requesting that a 1.2 foot wide strip constituting the southerly portion of the alley qbutting the lots designated as Official Tax Nos. 1112412 - 11~12~18, respectively, be permanently vacated~ discontinued nnd closed. Sincerely, Mary F. Par~er, CMC City Clerk MFP: ra pc: Mr. Joseph D. Logan, [I[, Attorney, 300 Shenandoah ~oanoke, Virginia 2401~ Mr. John R. Marlles, Agent/Secretary, City Commission Mr.. Ronald ~. Miller, Zoning Administ~ator Mr. William M. Hackworth, Assistant City Attorney Building, P~anning T.L.PLuNKETT, J~. September 13, 1988 Mrs. Mary F. Parker, City Clerk City of Roanoke Municipal Building 215 Church Avenue, SW Room 456 Roanoke, Virginia 24011 Re: Application of W. M. S. Partnership and L. O. Brown, Jr. to vacate a portion of an alley between 6th Street and 7th Street, S.W. Dear Mrs. Parker: Enclosed is an amended petition to take the place of the original petition. The effect of the amended petition is to request vacation of a 1.2 foot wide strip rather than a 2 foot wide strip. I understand this matter is now scheduled to be heard by City Council on October 10, 1988. Sincerely yours, PLUN~~ ~p~. Logan, JDL: tsp:Tll Enclosure ,.~ cc: Mr. Edward Tucker William M. Hackworth, Esquire Kenneth C. King, Jr., Esquire Mr. L. O. Brown, Jr. W. M. S. Partnership Mr. Don Brown Mr. W. Chan Bolling III IN RE: IN THE COUNCIL OF TH~$cITY ~OF ROANOKE, VIRGINIA Application of W. M.S. ) PARTNERSHIP AND L. O. BROWN, JR. ) for vacation of PART OF AN ALLEY ) LOCATED BETWEEN 6TH STREET AND ) 7TH STREET IMMEDIATELY BEHIND ) OFFICIAL TAX MAp NOS. 1112412, ) 1112413, 1112414, 1112415, ) 1112416, 1112417 AND 1112418 ) FIRST AMENDED APPLICATION FOR VACATING MEMBERS OF COUNCIL: W. M. S. PARTNERSHIP AND L. O. BROWN, JR., by Joseph D. Logan, III, their attorney, hereby submit this first amendment to their application for vacating, discontinuing and closing part of an alley. The original application was filed with the City Clerk on August 5, 1988. The Petitioners hereby amend the description of the portion of the alley sought to be vacated, as described on page one of the original application, to read as follows: BEING a 1.2' wide strip constituting the southerly portion of the alley abutting the lots designated as Official Tax Map Nos. 1112412, 1112413, 1112414, 1112415, 1112416, 1112417 and 1112418. Ail other references in the original petition to a two foot strip or two foot wide part of the alley are hereby changed so that they refer to a 1.2 foot wide strip rather than a two foot strip. Joseph D. Logan, III 300 Shenandoah Building Roanoke, Virginia 24011 (703) 345-8837 Tll Respectfully submitted, W. M. S. Partnership and L' O' Br~fr' ~ ~Jos e~ Lo/~n September 13, 1988 Of~e of ~he City Cler~ August 16, 1988 File #514 Mr. Michael M. Waldvoyel Chairman City Planning Commission ROanoke, Virginia Dear Mr. WaIdvogel: Pursuant to Ordinance No. 25226, I am enclosing Copy of an appli- cation from Joseph D. Logan, III, Attorney, representing W.M.s. Partnership and L. O. Brown, Jr., requesting that a POrtion of an alley located between Si.~th and Seventh Streets and lying imme- diately behind Official Ta~ Nos. 1112412 _ 1112418, respectively, be permanently Vacated, discontinued and ClOsed. SHE:fa Sincere ly, Sandra H. Eakin ~2 '- Deputy City Clerk Enc o pc: Mr. Joseph D. LOgan, III, Attorney, 300 Shenandoah Building, ROanoke, Virginia 24011 ~r. John R. Marlles, Agent/Secretary, City Planning Commission Mr. Ronald H. Miller, ZOning Administrator Mr. William M. Hackworth, Assistant City Attorney Room456 MuniclpolBuilding 215 Chun::h Avenue, S.W. Roano~e. Virg~nJa240,t1 (703) 981:2541 IN THE COUNCIIJ~F TH~ CITY OF ROANOKE, VIRGINIA IN RE: Application of W. M.S. ) PARTNERSHIP AND L. O. BROWN, JR.) for vacation of PART OF AN ALLEY) LOCATED BETWEEN 6TH STREET AND ) 7TH STREET IMMEDIATELY BEHIND ) OFFICIAL TAX MAP NOS. 1112412, ) 1112413, 1112414, 1112415, ) 1112416, 1112417 AND 1112418 ) APPLICATION FOR VACATING, DISCONTINUING AND CLOSING OF PART OF AN ALLEY MEMBERS OF COUNCIL: W. M. S. PARTNERSHIP AND L. O. BROWN, JR., by Joseph D. Logan, III, their attorney, apply to have A PORTION OF AN ALLEY LOCATED BETWEEN 6TH AND 7TH STREETS AND LYING IMMEDIATELY BEHIND OFFICIAL TAX M~P NOS. 1112412, 1112413, 1112414, 1112415, 1112416, 1112417 AND 1112418, in the City of Roanoke, Virginia, permanently vacated, discontinued and closed, pursuant to applicable provisions of law. This portion of the alley to be vacated is more particularly described as follows: BEING a 2' wide strip constituting the southerly portion of the alley abutting the lots designated as Official Tax Map Nos. 1112412, 1112413, 1112414, 1112415, 1112416, 1112417 and 1112418. Petitioners state that the grounds for this application are as follows: 1. There are several buildings, which have been located on several of the parcels for many years. The buildings may encroach slightly upon the alley within the two foot strip desired to be vacated. The possible encroachment was -1- discovered when a recent survey was made by a proposed purchaser of part of the property. 2. Vacation of a two foot strip of the alley will eliminate any question as to the status of any encroaching portions of the buildings. 3. Vacation of a continuous two foot strip behind the property will leave a straight, uniform line between the remaining portion of the alley and the parcels. The remaining portion of the alley will be of adequate width. Exhibits are attached hereto as follows: No. 1. Names and addresses of owners along the alley who might be affected by the vacation. No. 2. A copy of a portion of City Appraisal Map Sheet 111 showing the location of the part of the alley sought to be vacated. WHEREFORE, Petitioners respectfully request that the above described two foot wide part of the alley be vacated by the Council of the City of Roanoke, Virginia, in accordance with applicable provisions of law so that the title to the two foot wide strip where it abuts each of the aforesaid parcels will vest in the owner of each parcel. Joseph D. Logan, III 300 Shenandoah Building Roanoke, Virginia 24011 345-8837 B2 Respectfully submitted, W. M. S. Partnership and L. O. Brow~ Jr. Jo s e~ ~ ./goga~f,~I I, its ~ney ~gust 5, 1988 -2- EXHIBIT NO. 1 Petition to Vacate Part of an Alley - W. M. S. Partnership and L. O. Brown, Jr. #1112401 - * #1112404 * #1112405 * #1112406 - * #1112407 - Charles W. and Virginia B. Turpin #1112408 50lA Campbell Avenue Roanoke, Virginia 24016 #1112411 - City of Roanoke Fire Station #3 c/o The Honorable Noel Taylor, Mayor City of Roanoke Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 #1112412 - * #1112413 - * #1112414 - * #1112415 - * #1112416 - * #1112417 * #1112418 * #1112419 - Josephine A. Thomas, et als 505 W. Campbell Avenue Roanoke, Virginia 24016 #1112420 - Philip David Stuart #1112421 1612 Hilton Road #1112422 Burlington, North Carolina 27215 *Owned by a Petitioner APPRAISAL HAP CiTY OF F~OA~OKE, VA. 5HEET ~---°. III ¸14 T, L. PLUNHETT, JR, JOSEPH D. Loo~,m V~GIN!A a4o~n August 5, 1988 Mrs. Mary F. Parker, City Clerk City of Roanoke Municipal Building 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Re: Application of W. M. S. Partnership and L. O. Brown, Jr. to vacate a portion of an alley between 6th Street and 7th Street, S.W. Dear Mrs. Parker: Enclosed for filing is the original and one copy of the above application together with our check in the amount of $100.00 payable to the City Clerk for the filing fee. I understand that this matter will be advertised for a hearing at the Planning Commission's meeting on Wednesday, September 7, 1988. Your suggested form and the City Code address vacations under Section 15.1-364 of the Code of Virginia. Since we may be proceeding under some other section of the Code, the newspaper notice, ordinance, and other documents should probably avoid references to specific code sections. I will contact Mr. Hackworth about this and would appreciate your letting him and us review the hearing notices before sending them for publication. Thank you very much for your assistance. Sincerely yours, Enclosures cc: Mr. Edward Tucker William M. Hackworth, Kenneth C. King, Jr., Mr. L. O. Brown, Jr. W. M. S. Partnership Mr. Don Brown JDL:bkm/b-let PLUNKETT/~OGAN D. Logan, III Esquire Esquire NOTICE OF PUBLI~HEARiNG BEFORE THE ROANOKE CITY PLANNING CO~SMISSION TO WHOM IT,~Ay CONC~RN: The Roanoke City Planning Commission will hold a public hearing on Wednesday, September 7, 1988, at 1:30 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, fourth floor, Municipal Building, in order to consider the following: Request from W.M.S. Partnership and L. O. Brown, Jr., represented by Joseph D. Logan, tli, attorney, that a portion of an alley located between 6th and 7th Streets, S.W., more specifically described as a 2' wide strip constituting the southerly portion of the alley abutting the lots designated as Official Tax Nos. 1112412, 1112413, 1112414, 1112415, 1112416, 1112417 and 1112418, be permanently vacated, discontinued and closed. A copy of said application is available for review in the Office of Community Planning, Room 355, Municipal Building. Ail parties in interest and citizens may appear on the above date and be heard on the matter. John R. Marlles, Agent -__ Roanoke City Planning Commission Please run in the morning edition on Tuesday, August 23, 1988 Please run in the evening edition on Tuesday, August 30, 1988 Please send affidavit of publication to: Office of Community Planning, Room 355, Municipal Building, Roanoke, VA 24011 Please bill: Mr. Joseph D. Logan, III, Attorney 300 Shenandoah Building Roanoke, VA 24011 345-8837 TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE STREET/ALLEY CLOSURE REQUEST OF: Request from W.M.S. Partnership and L. O. Brown, Jr., ) represented by Joseph D. Logan, III, attorney, that a ) portion of an alley located between 6th and 7th Streets, ) S.W., more specifically described as a 2' wide strip ) constituting the southerly portion of the alley abutting ) the lots designated as Official Tax Nos. 1112412, 1112413,) 1112414, 1112415, 1112416, 1112417 and 1112418, be ) permanently vacated, discontinued and closed. ) COMMONWEALTH OF VIRGINIA ) ) CITY OF ROANOKE ) 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 Co~ission of the City of Roanoke she has sent by first-class mail on the 29th day of August, notices of a public hearing to be held on the 7th day of September, 1988, on the street/alley closure captioned above to the owner or agent of the parcels listed below at their last known address: PARCEL OWNER, AGENT OR OCCUPANT ADDRESS 1112407 1112408 Charles W. & Virginia B. Turpin 501-A Campbell Avenue Roanoke, VA 24016 1112419 Josephine A. Thomas, et als 505 Campbell Avenue Roanoke, VA 24016 1112420 Philip D. Stuart, et als 1612 Hilton Road 1112421 Burlington, NC 27215 1112422 Martha P. Franklin SUBSCRIBED AND SWORN before, a Notary Public, in the City of Roanoke, Virginia, this 29th day of August, 1988. Notary Publi6 My Commission Expires: C~ce c~ the CJIy Cle~ October 19, 1988 File #514 Mr. John D. Copenhaver Attorney 421 Shenandoah Building Roanoke, Virginia 24011 Dear Mr. Copenhaver: I am enclosing copy of Ordinance No. 29322, permanently vacating, discontinuing and closing a portion of West Drive, S. W., ,~ore particularly described as one narrow parcel on the westerly side of Wes Drive, containing 368.6 square feet, which Ordinance No. ~9.~22 was adopted by the Council of the City of Roanoke on first reading on Honday, ©ctober 10, 1988, also adopted by the Council on second reading on Monday] October 17, 1988, and will take effect ten days following tire date of its second reading. Sincere ly, ~ Mary F. Parker, C~4C City Clerk MFP: ra pc: The Honorable and Mrs. Clifford R. Weckstein, 2008 Mount Vernon Road, S. W., Roanoke, Virginia 24015 Mr. W. Robert qerbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Van W. )4oody, III, Director of Real ~state Valuation Mr. Michael M. Waldvogel, Chairman, City Planning Commission Mr. L. ~lwood Norris, Chairman, 8oard of Zoning Appeals ~r. William F. Clark, Director of Public Works Mr. ~it ~. Kiser, Director of Utilities and Operations ~4r. John D. Copenhaver October 19, 1988 Page 2 Mr. Charles M. :~4r. Ronald Administrator Mr. John R. Mart les, Agent/Secretary. City Commi ss ion Mr. Edward R. Tucker, City Planner Ms. Doris Layne, Office of Real qstate Valuation Mr. Jerome S. ~Ioward, Jr., Commissioner of Revenue uffzne, City Engineer Mi l ler, l]uilding Commissioner and Zoning Planning Or, ce of ~e City Clerk October 19, 1988 File #514 Miss Patsy Testerman Clerk of the Circuit Court Roanoke, Virginia Dear ,~liss Testerman: I am attaching copy of Ordinance No. 29322, for proper recor- dation in your office, which provides for the permanent vacating, discontinuing and closing of a portion of West Drive, S. W., more particularly described as one narrow parcel on the westerly side of West Drive, containing 368.6 square feet, which Ordinance No. 29322 was adopted by the Council of the City of Roanoke on first reading on Monday, October 10, 1988, also adopted by the Council on second reading on ~onday, October 17, 1988, and will take effect ten days following the date of its second reading. Sincerely, ~~ Mary I~'. l~arker, CMC City Clerk MFP:ra Enc. pc: Mr. John Roanoke, D. Copenhaver, Attorney, 42i Shenandoah Building, Virginia 24011 Room456 MunicipaIBuildincj 215 Church Avenue SW Roanoke V)rg~nia24.011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 17th day of October, 1988. No. 29322. AN ORDINANCE permanently, rain public right-of-way in the City of Roanoke, particularly described hereinafter. VIRGINIA, vacating, discontinuing and closing cer- Virginia, as is more WHEREAS, Theodore R. and Mary E. Kingsley, husband and wife, have filed an application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close the public right-of-way described hereinafter; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by ~30-14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council. WHEREAS, a public hearing was held on said application by the City Council on October 10, 1988, at 7:30 p.m., after due and timely notice thereof as required by $30-14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on said application; and WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no inconvenience will result to any individual or to the public from per- manently vacatiag, discontinuing and closing said public right-of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that that public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: Beginning at an old pin at the intersection of the northerly right-of-way of Persinger Road, S. W., and the westerly right-of-way of West Drive, S. W., said point being Corner No. 22 as shown on plat for Norton Stone Estate, by T. P. Parker & Son, Engineers and SUrveyors, Ltd. dated June 17, 1988, thence with the westerly right-of-way of West Drive, S. W., the following cour- ses, S. 86" 56' E., 15.4 feet to a P.E. nail at Corner No. 21; thence N. 57" 43' E. 15.7 feet to an old pin at Corner No. 20; thence N. 44' 14' E. 27.6 feet to a chiseled "X" at Corner No. 19; thence N. 9' 51' E. 18.6 feet to an old pin in concrete at Corner No. 18; thence N. 11' 01' W. 16.8 feet to an old pin, the actual point of Beginning, said point being Corner No. 17; thence continuing with the westerly right-of-way line of West Drive, S. W., N. 32' 49' W. 52.07 feet to Corner No. thence N. 24" 03' W. 59.00 feet to Corner No. 15; thence N. 10' 06' W. 7.83 feet to a pin set; thence leaving the original westerly right-of-way line of West Drive, S. W., and with the new westerly right-of-way line of West Drive, S. W., S. 26" 59' 00" Z. 118.21 feet to Corner No. 17, the actual point of Beginning and containing 368.6 square feet and being as shown on map of subdivision of the Norton Stone Estate by T. p. Parker & Son, Engineers and Surveyors, Ltd., dated June 17, 1988, a copy of which is on file in the City Clerk's Office as an exhibit to the applicant,s application .filed with the Clerk on July 21, 1988. be, and it hereby is, Permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as the Council of the City of Roanoke is empowered so to do, reserving however, to the City of Roanoke an easement for Sewer lines and water mains and other public utilities that may now be located in or across said public right-of-way, together with the right of ingress and egress for the ~intenance or replacement of such lines, mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the Owner, any landscaping, fences, shrubbery, structures or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above-described public right-of-way of any such municipal installation or utility by the owner thereof. BE IT FURTHER ORDAINED that the City Engineer be, and he is, directed to mark "permanently vacated" on said public right-of-way on all raaps and plats on file in his office on which said right-of-way is shown, referring to the book and page or ordinances and resolutions of the Council of the City of Roanoke, Virginia, wherein this ordinance shall be Spread. BE IT FURTHER ORDAINED that the Clerk of the Council deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation in the Deed Books of said Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the names of Theodore R. and Mary E. Kingsley, husband and wife, and the names of any other parties in interest who may so request, as Grantees. BE IT FURTHER ORDAINED that this ordinance shall not become ef- ~ective until a plat of subdivision, approved by the City, shall have been filed dedicating from Selena S. Pederson, to the City for right- of-way purposes a parcel, containing 229.8 Square feet, as more par- ticularly described in the apPlication; said plat not to be approved for recordation by the City unless and until the existing structure on such 229.8 Square foot parcel is removed by the Owner thereof. ATTEST: City Clerk. Roanoke Cily Planning Commission October 10, 1988 The Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request from Mr. John D. Copenhaver, Attorney, representing Theodore R. and Mary E. Kingsley and Selena S. Pedersen, that a portion of West Drive, S.W., more particularly described as one narrow parcel on the westerly side of West Drive, containing 368.6 square feet, be permanently vacated, discontinued and closed. I. Background: me Portion of public right-of-way as requested for closure is a part of West Drive, S.W., which is shown on the City's official tax map no. 135 as a public street right-of-way. Be Section of West Drive, S.W., as shown on the attached plat has never been developed for public use, other than the use as a private driveway. Survey recently made for the applicants revealed that the structure of the residential dwelling situated at 1511 Persinger Road, S.W., is encroaching upon the right-of-way of West Drive, S.W., by a distance of one foot. II. Current Situation: me Applicants desire to vacate the area of the street right-of-way that is occupied by the encroaching building. Applicants have submitted to the City for review a plat of subdivision defining the area requested for closure and showing the dedication of a comparable area on the other side of West Drive, S.W. to provide for a proper realignment of the street right-of-way, if closure is granted (see attached plat). Planning Commission reviewed the requested vacation at its regular meeting of September 7, 1988. F~om 355 Municipal Building 215 Churd'~ Avenue, 5 W Roanoke, Virginia 24011 (703) 981-2344 III. Issues: Neighborhood impact: Closure of this small portion of the subject street right-of-way will have no affect on the neighborhood. Traffic impact: Closure as requested will have no impact on traffic or traffic needs in the immediate community. Utilities within the public right-of-way: There are no public or private utilities within the area requested for closure. Creation of a dead-end street: Closure of small fringe portion of street right-of-way will not create a dead-end street. Land use: Recent survey (see attached plat) reveals that a carport structure is situated within the area of land proposed for dedication to the City for realignment of the right-of-way. Structure (carport) should be removed from the area proposed for right-of-way use prior to official closure of the requested portion of West Drive, S.W., and the City's acceptance of the area proposed for dedication. Relationship to the Comprehensive Plan: Request is consistent with the intent of the comprehensive plan that available land be used in the most appropriate manner: Street right-of-way has remained undeveloped since its original platting in 1927. Structure (1511 Persinger Road, S.W.) has occupied the same encroaching position upon the right-of-way of West Drive since 1969. Vacation of the requested portion of the right-of-way and dedication of a comparable area on the opposite side of the street for proper realignment would appear to be in the best interest of the applicant and the City. IV. Recommendation: The Planning Commission, by a vote of 6-0 (Mr. Bradshaw absent) recommended that the applicant's request to close the subject portion of West Drive, S.W., be approved subject to the following conditions: That the applicant agree to remove that portion of the carport that is currently encroaching upon the public right-of-way of West Drive, S.W., prior to the recordation of the plat prepared by T. P. Parker and Son, dated June 17, 1988, dedicating the land thereof for public right-of-way purposes. That the ordinance effecting the closure be made contingent upon the recordation of the plat prepared by T. P. Parker and Son dated June 17, 1988. Michael M. Waldvogel, Chairman Roanoke City Planming Commission ERT:mpf attachments cc: Assistant City Attorney Director of Public Works City Engineering Building Commissioner/Zoning Administrator Attorney for the Petitioner IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Application of Theodore R. Kingsley and Mary E. Kingsley, husband and wife, and Selena S. Pedersen, for vacation of portions of West Drive, S. W., and dedication of other portions MEMBERS OF COUNCIL: Application for Vacating, Discontinuing and Closing portions of West Drive, S.W., and Dedicating certain other portions ~f West Drive WHEREAS, Theodore R.~ Kingsley and Mary E. Kingsley, husband and wife, and Selena S. Pedersen, apply to have portions of West Drive, S. W., in the City of Roanoke, Virginia, permanently vacated, discontinued and closed, pursuant to Virginia Code Section 15.1-364 and Section 30-14, Code of the City of Roanoke (1979), as amended, and to dedicate other portions of West Drive. The portions of West Drive, S. W. to be closed are more particularly depicted on the plat attached and is one narrow parcel on the Westerly side of West Drive, containing 368.6 square feet, described as follows: BIGINNINC at an old pin at the intersection of the northerly right-of-way of Persinger Road, S. W. and ~h, westerly right-of-way of West Drive, S. W., said point betn$ Corner No. 22 as shown on plat for Norton SCone Estate, by T. P. Parker & Son, Engineers and Surveyors, Ltd. dated June 17, 1988; thence with the westerly right-of-way of West Drive, S. W. the following courses, S. 86° 56' E. 15.4 feet to a P.K. nail at Corner No. 21; thence N. 57° 43' E. 15.7 feet to an old pin at Corner No. 20; thence N. 44° 14' E. 27.6 feet to a chiseled "X" at Corner No. 19; thence N. 9° 51' E. 18.6 feet to an old pin in concrete at Corner No. 18; thence N. ll° 01' W. 16.8 feet to an old pin, the actual point of BEGINNING, said point being Corner No. 17; thence continuing with the westerly right-of-way line of West Drive, S. W., N. 32° 49' W. 52.07 feet t~ Corner No. 16; thence N. 24° 03' W. 59.00 feet %0 Corner No. 15; thence N. 10° 06' W. 7.83 feet to a pin set; thence leaving the original westerly right-of-way line of West Drive, S. W. and with the new westerly right- of-way line of West Drive, S. W., S. 26° 59' 00" E. 118.21 feet to Corner No. 17, the actual point of BEGINNING and containing 368.6 square feet and being as shown on map of subdivision of the Norton Stone Estate by T. P. Parker & Son, Engineers and Surveyors, Ltd., dated June 17, 1988, and recorded in the Clerk's Office of the Circuit Court of the City of Roanoke, Virginia, in Map Book , Page __ In order to preserve the width of this general portion of West Drive, and as a condition for the above described vacating and closing, the applicant, Selena S. Pedersen, does hereby agree to dedicate a narrow parcel on the Easterly side of West Drive, containing 229.8 square feet, described as follows: BEGINNING at an old 3/4 inch iron pipe on the easterly right-of-way of West Drive, S. W. at the corner of Lot 12-A2 of the H. E. Dixon Map, recorded in Deed Book 738, Page 58, said point also being Corner No. .23 and the southeast corner of New Lot "C" as shown ou map for Norton Stone Estate by T. P. Parker & Son, En$ineere and Surveyors, Ltd., dated June 17, 1988; thence along the easterly right-of-way of West Drive, S. W., N. 34° 31' W. 19.75 feet to a pin set, the actual point of BEGINNING; thence continuing with the original easterly right-of-way of West Drive, S. W., the following courses, N. 34° 31' W. 32.65 feet to Corner No. 24; thence N. 24° 11' W. 5126 feet to Corner No. 25; thence N. 9° 51' W. 5.97 feet to a pin set; thence leaving the original easterly right-of-way of West Drive, S. W., and with the new easterly right-of-way of West Drive, S.W., S. 26° 59' 00" E. 89.61 feet to the actual point of BEGINNING and containing 229.8 square feet and being as shown on map of subdivision of the Norton Stone Es=ate by T. P. Parker & Son, Engineers and Surveyors, Ltd., dated June 17, 1988, and recorded in the Clerk's Office of the Circuit Court for the City of Roanoke, Virginia, in Map Book , Pa~e The applicants state that the grounds for this application are as follows: 1. Ail landowners whose property adjoins the property to be vacated have been notified and are in agreement with this application. 2. The portion of West Drive, S. W., to be vacated underlies a corner portion of the residence of Theodore R. Kingsley and Mary E. Kingsley which was in place since 1969, and is located on the westerly side of West Drive. 3. This portion of West Drive, S. W., is a semi-publ~ road used only by the applicants and is of varying widths of less than forty (40) feat. 4. In order to preserve the width of West Drive, as now defined, ,~ihe~ &pplicant, Selena S. Pedersen, shall dedicate a parcel on the easte=ly'Side of West Drive to maintain the width, as shown on the attached plat. WHEREFORE, the Petitioners, Theodore R. Kingsley and Mary E. Kingsley, husband and wife, and Selene S. Pedersen, respectfully request that the above described portion of' l~est Drive, S. on the Westerly side thereof, be vacated by the Council of the City of Roanoke, Virginia, in accordance with Virginia Code Section 15.1-364 and Section 30-14, Code of the City of Roanoke (1979), as amended. And upon vacating said portion will accept the dedication by Selena S. Pedersen of that portion of West Drive, S. W., on the Easterly side thereof. Respectfully submitted, THEODORE R. KINGS~ IHGSLE¥ 0 U SELENA S. PEDERSEN July 19, 1988 D. COPENHAVER NHAVER, ELLETT, . CORNELISON & WELD 421 .Shenandoah BuildinE Roanoke ~ VA 2401~ Counsel~if~r Petitioners LIST OF THE PROPERTY OWNERS AFFECTED BY THE PROPOSED STREET CLOSURE Clifford R. Weckstein Mary E. Weckstein 2008 Mt. Vernon Road, S.W. Roanoke, Virginia 24015 LOCATION ..... I (I)OSI:_. I) · TRI-**I:T ('1 0 S ull I ; 35, Z oZ DJ~IV[ · ",_ ° ~-~ ,~ Property of Clifford R. & Mary 'E. c Weckstein (2008 Mt. Vernon Rd., S. W.) Cul-de-sac Dedicated in 1946 ,~ Dixon) :' Original Cul-de-sac Dedicated i927 Property of Selene Pedersen (1525 West Drive, S. W.) c,~ ~--~, Encroaching Carport NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: The Council of the City of Roanoke will hold a Public Hearing on Monday, October 10, 1988, at 7:30 p.m. or as soon thereafter as the matter may be heard, in the Council Chamber in the Municipal Building, 215 Church Avenue, S. W., on an application to permanently abandon, vacate, discontinue and close the following public right-of-way: Beginning at an old pin at the intersection of the northerly right-of-way of Persinger Road, S. W., and the westerly right-of-way of West Drive, S. W., said point being Corner No. 22 as shown on plat for Norton Stone Estate, by T. P. Parker & Son, Engineers and Surveyors, Ltd. dated June 17, 1988, thence with the westerly right-of-way of West Drive, 8. W., the following courses, S. 86" 56' E., 15.4 feet to a P.K. nail at Corner No. 21; thence N. 57" 43' E. 15.7 feet to an old pin at Corner No. 20; thence N. 44" 14' E. 27.6 feet to a chiseled "X" at Corner No. 19; thence N. 9" 51' E. 18.6 feet to an old pin in concrete at Corner No. 18; thence N. 11° 01' W. 16.8 feet to an old pin, the actual point of Beginning, said point being Corner No. 17; thence continuing with the westerly right-of-way line of West Drive, S. W., N. 32" 49' W. 52.07 feet to Corner No. 16; thence N. 24" 03' W. 59.00 feet to Corner No. 15; thence N. 10" 06' W. 7.83 feet to a pin set; thence leaving the original westerly right-of-way line of West Drive, S. W., and with the new westerly right-of-way line of West Drive, S. W., S. 26" 59' 00" E. 118.21 feet to Corner No. 17, the actual point of Beginning and containing 368.6 square feet and being as shown on map of subdivision of the Norton Stone Estate by T. P. Parker & Son, Engineers and Surveyors, Ltd., dated June 17, 1988, a copy of which is on file in the City Clerk's Office as an exhibit to the applicant's application filed with the Clerk on July 21, 1988. 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 September , 19 88. Mary F. Please publish in full twice, once on Friday, September 23, 1988, and once on Friday, September 30, 1988, in the Roanoke Times and World News, Morning Edition. Please send publisher's affidavit to: Ms. Mary F. Parker, City Clerk Room 456, Municipal Building Roanoke, Virginia 24011 Parker, City Clerk. Please bill to: Mr. John D. Copenhaver Attorney 421 Shenandoah Building Roanoke, Virginia 24011 September 22, 1988 File #514 Mr. John D. Copenhaver Attorney 421 Shenandoah Building Roanoke, Virginia 24~1I Dear Mr. Copenhaver: 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 clients, Theodore R. and Mary E. Kingsley and Selena S. Pedersen, that a portion of West Drive, S. W., more particularly described as one narrow parcel on the westerly side of West Drive, containing 368.6 square feet, be permanently vacated, discontinued and closed. Pursuant to Resolution No. 25523 adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 1981, a public hearing on the abovedescribed request has been set for Monday, October 10, I988, at 7:30 p.m., in the Council Chamber, fourth floor of the Municipal Suilding. For your information, I am also enclosing copy of a notice of the public hearing and an Ordinance providing for the vacation, which notice and Ordinance were prepared by tile City Attorney's Office. Please review the Ordinance and if you have any questions, you may contact Mr. William M. ~ack~orth, Assistant City Attorney, at 981-2431. Questions with re~ard to the 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 MFP: ra RO-,~ :', ~56 '^ ~ ~c,~l _n, :i~,,,c~ ~ ! $ C!,dlch Average S W Rc~r,ohe ,~rglma 24011 (703) 981-2~4. t ~Mr. John D. Copenhaver Page 2 September 22, 1988 The Honorable and Vernon Road, Mr Mr Mr Mr Mr, Mr. Mr. Administrator Mrs. Clifford R. Weckstein, 2008 Mount S..W., Roanoke, Virginia 24015 Wa Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney Van W. Moody, III, Director of Real Estate Valuation Michael M. Waldvogel, Chairman, City Planning Commission L. Elwood Norris, Chairman, Board of Zoning Appeals William Fo Clark, Director of Public Works Kit ~. Kisen, Director of Utilities and Operations William M. Hackworth, Assistant City Attorney Charles M. Huffine, City Engineer Ronald H. Miller, Building Commissioner and Zoning Mr. John R. Marlles, Agent/Secretary, City Commission Ms. Doris Layne~ Office of Real Estate Valuation Mr. Jerome S. Howard, Jr., Commissioner of Revenue Planning (~!ce c~ ~ Ci~' Clen~ July 25, 1988 File #514 ~r. Michael M. Waldvogel Chairman City Planning Commission Roanoke, Virginia Dear Mr. Waldvogel: Pursuant to Ordinance No. 25226, I am enclosing copy of an appli- cation from John Do Copenhaver, Attorney, representing Theodore R. and Mary E. Kingsley and Selena S. Pedersen, requesting that portions of West Drive, So W.. and one narrow parcel of land on the westerly side of West Drive, containing 368.6 square feet, be permanently vacated, discontinued and closed. Sincerely, Mary F. Parker, CMC City Clerk MFP: ra Enc. pc: Mr. John D. Copenhaver, Attorney, 421 Shenandoah Roanoke, Virginia 24011 Mr. John R. Marlles, Agent/Secretary, City Corrwission Mr. Ronald H. Miller, Zoning Administrator Mr. William M. Hackworth, Assistant City Attorney Building, Planning Room456 MuniclpalBuildlng 215 (~urch Avenue, S.W. Roanc~e, VIrg~n~a24011 (703) 981-2541 TO THE CITY CLERK OF THE CITY~F ~ROANOKE, 'VIRGINIA PERTAINING TO THE STREET/ALLE~8~LO~UR~!REQUEST OF: Request from Mr. John D. Copenhaver, Attorney, representing ) Theodore R. and Mary E. Kinglsey and Selena S. Pedersen, ) that portions of West Drive, S.W., more particularly described )AFFI- as one narrow parcel on the westerly side of West Drive, )DAVIT containing 368.6 square feet, be permanently vacated, ) discontinued and closed. ) 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 29th day of August, notices of a public hearing to be held on the 7th day of September, 1988, on the street/alley closure captioned above to the owner or agent of the parcels listed below at their last known address: PARCEL OWNER, AGENT OR OCCUPANT ADDRESS 1350733 Clifford R. Weckstein 2008 Mt. Vernon Road, SW Mary E. Weckstein Roanoke, VA 24015 Mart~a P. Fra~nklin SUBSCRIBED AND SWORN before, a Notary Public, in the City of Roanoke, Virginia, this 29th day of August, 1988. My Commission Expires: Notary Publi~ NOTICE OF PUBLIC HEARING BEFORE THE ROANOKE CITY PLA~NING COMMISSION TO ~OM IT MAY CONCERN: The Roanoke City ~anning Commission will hold a public hearing on Wednesday, September 7, 1988, at 1:30 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, fourth floor, Municipal Building, in order to consider the following: Request from Mr. John D. Copenhaver, Attorney, representing Theodore R. and Mary E. Kinglsey and Selena S. Pedersen, that a portion of West Drive, S.W., more particularly described as one narrow parcel on the westerly side of West Drive, containing 368.6 square feet, be permanently vacated, discontinued and closed. A copy of said application is available for review in the Office of Community Planning, Room 355, Municipal Building. All parties in interest and citizens may appear on the above date and be heard on the matter. John R. Marlles, Agent Roanoke City Planning Commission Please run in the morning edition on Tuesday, August 23, 1988 Please run in the evening edition on Tuesday, August 30, 1988 Please send affidavit of publication to: Office of Community Planning, Room 355, Municipal Building, Roanoke, VA 24011 Please bill: Mr. John D. Copenhaver, Attorney 42i Shenandoah Building Roanoke, VA 24011 Office ofrhe C.yC!er~ October 19, 1988 Fi le #514 Mr. H. J. Ctoeter, President The flub Pattern Corporation P. O. ~ox 4967 Roanoke, Virginia 24015 Dear ~fr. Cloeter: I am enclosing copy of Ordinance No. 29323, permanently vacating, discontinuing and closing a twelve foot wide alley running parallel to and between Salem Avenue, S. W., and Westport Avenue and extending from 21st Street to Boulevard, So W., which Ordinance No. 29323 was adopted by the Council of the City of Roanoke on first reading on Monday, October 10, 1958, also adopted by the Council on sec~ reading on Monday, October 17, 1988, and wilt take effect te days following the date of its second reading. Sincerely,f~ ~ /' Mary F. Parker, C:;IC City Clerk ~MFP: r a pc: Oodson Specialties, [nc., 2121Sale~, Avenue, S. W., Roanoke, Virginia 24916 PDQ Company, P. O. Box 13485, Roanoke, Virginia 24034 Mr. John Lamanca, P. O. Box 6259, Roanoke, Virjinia 249~ ~r. Eli Rozier, P. O. Box 6259, Roanoke, Virginia 24017 ~r. W. Robert Herbert, City Manager ~r. Wilburn C. Dibling, Jr., City Attorney Mr. Von W. Moody, [I[, Director of Real Estate Valuation ~r. Michael ~. Waldvo~el, Chairmani City Planning Commission Room 456 Munici~l Building 215 Church Avenue S W Rc~anoke ~frg~nia 24Oll ~703) 98%2541 ~r. H. J. Cloeter October 19, 1988 Page 2 Agent/Secretary, City Planner Real Estate Valuation .Ir., Commissioner of Revenue Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals Mr. William F. Clark, Director of Public Works Mr. Kit ~. Kiser, Director of Utilities and Operations Air. Charles M. Buffine, City Engineer Hr. Ronald ft. ~4iller, ~uilding Corremissioner and Zoning Administrator Mr. John R. Marlles, commission Mr. Edward R. Tucker, City Ms. Doris Layne, Office of Mr. Jerome S. Howard, Planning Office of the City Clerk October 19, 1988 File #514 ~iss Patsy Testerman Clerk of the Circuit Court Roanoke, Virginia Dear Miss Testerman: I am attaching copy of Ordinance No. 29323, for proper recor- dation in your office, which provides for the permanent vacating, discontinuing and closing of a twelve foot wide alley running parallel to and between Salem Avenue, S. W., and Westport Avenue and extending from 21st Street to Boulevard, S. W., which Ordinance No. 29325 was adopted by the Council of the City of Roanoke on first reading on Monday, October 10, 1988, also adopted by the Council on second reading on Monday, October 17, 1988, and will take effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC City Clerk MFP:ra Eric. pc: Mr. H. J. Cioeter, President, The Hub Pattern Corporation, P. O. ~ox 4087, aoano~e, Virginia 21015 Room 456 Municipal Buildin9 215 C~urch Avenue S W Roanoke 'V~rg,nia 2,40t 1 (~'03) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of October, 1988. No. 29323. AN ORDINANCE vacating a portion of a certain subdivision plat and permanently, vacating, discontinuing and closing certain public right- of-way in the City of Roanoke, Virginia, as is more particularly described hereinafter. WHEREAS, The Hub Pattern Corporation has filed an application to the Council of the City of Roanoke, Virginia, in accordance with the provisions of ~15.1-482(b), Code of Virginia (1950), as amended, requesting the Council to vacate a portion of a certain subdivision plat and to permanently vacate, discontinue and close the public right-of-way described hereinafter; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by ~15.1-482(b), Code of Virginia (1950), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council. WHEREAS, a public hearing was held on said application by the City Council on October 10, 1988, at 7:30 p.m., after due and timely notice thereof as required by ~15.1-482(b), Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on said application; and WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested plat vacation and closing of the subject public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no inconvenience will result to any individual or to the public from per- manently vacating, discontinuing and closing the subject public right- of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that that portion of the plat of subdivision and the public right-of-way described as follows: A 12-foot wide alley running parallel to and between Salem Avenue, S. W., and Westport Avenue, S. W., and exending from 21st Street S. W., to Boulevard, S. W., as created by the West End and Hlvervlew Map of subdi- vision, being Plan No. 2508, dated February, 1890. be, and the described portion of the said plat is hereby vacated, and the described public right-of-way be and it hereby is, permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as the Council of the City of Roanoke is empowered so to do, reserv- ing however, to the City of Roanoke an easement for any sewer lines, water mains and any other public utilities that may now be located in or across said public right-of-way, together with the right of ingress and egress for the maintenance or replacement of such utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structures or any other encroach- ments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the abovedescribed public right-of-way of any such utility by the owner thereof. BE IT FURTHER ORDAINED that the City Engineer be, and he is, directed to mark "vacated" on the portion of the plat of subdi- vision vacated hereby and to mark "permanently vacated" on said public right-of-way on all maps and plats on file in his office on which said right-of-way is shown, referring to the book and page or ordi- nances and resolutions of the Council of the City of Roanoke, Virginia, wherein this ordinance shall be Spread. BE IT FURTHER ORDAINED that the Clerk of the Council deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation in the Deed Books of said Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of The Hub Pattern Corporation, Chesapeake X-Ray Corp., and Dodson Specialties, Inc., and the names of an~ other parties in interest who may so request, as Grantees. BE IT FURTHER ORDAINED that this ordinance shall not take effect until a plat of subdivision, approved by the City, is recorded com- bining the right-of-way vacated hereby with adjacent parcels in the manner specified in §15.1-482(b), Code of Virginia (1950), as amended. ATTEST: City Clerk. Roanoke City Planning Commission October 10, 1988 The Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request from H. J. Cloeter, President, The Hub Pattern Corporation, that a 12' wide alley running from 21st Street, S.W., to Boulevard, S.W., between Salem and Westport Avenues, S.W., be permanently vacated, discontinued and closed, pursuant to Section 15.1-482(b) of the Code of the Commonwealth of Virginia (1950), as amended. I. Background: Public alley as requested for closure extends from 21st Street, S.W, in a northwesterly direction to an intersection with Boulevard, S.W., at a point in close proximity (90') to the Norfolk and Southern Railway overpass at Shaffer's Crossing. Be Alley is approximately 615' in length and 12' in width. Alley is only partially developed (graveled) between 21st Street and the property identified as official tax no. 1311223. Ce Alley right-of-way abuts the properties belonging to Chesapeake X-Ray Corporation (tax nos. 1311225 and 1311226), the HUB Pattern Corporation (1311223 and 1311227), and Dodson Specialties, Inc. (1311212, 1311216 and 1311221) (see attached map A). The above-cited properties are zoned light manufacturing (LM). II. Current Situation: me Owners of ali of the lands abutting the subject alley ars in agreement with the applicant's request for closure. Property owners apparently intend to use the land within the vacated right-of-way as an adjunct to their existing properties. Room 355 Municipal Building 215 Churah Avenue, 5W Roonoke, Virginia 24011 (703) 981-2344 C. Right-of-way boundaries of the subject alley have not been established by any recent official survey. Plannin~ Con~ission reviewed the requested vacation at its regular meeting on September 7, 1988. III. Issues: Neighborhood impact: Closure would have no effect on the irm~ediate business community. Traffic impact: Closure would have no affect on traffic or traffic needs within the area. C. Utilities within the right-of-way: City has an existing sewer line within the alley right-of-way. Correspondence received by the staff indicates that there are no private utilities within the alley right-of-way. Creation of a dead-end alley: Closure would not create a dead-end alley. Land use: Ail property owners are in agreement to vacate the subject alley. Property owners have agreed to have the subject alley surveyed and properly subdivided, if the City approves the applicant's request for vacation. Alley right-of-way is requested to be vacated pursuant to Section 15.1-482(b) of the Code of the Commonwealth of Virginia (1950) as amended. Vacation pursuant to the above-cited statute will establish fee simple title to the land within the vacated alley to the abutting property owners. Survey and subdivision plat will define proper division of the land therein and will also serve to define and establish a proper easement for the City's existing sanitary sewer line. F. Relationship to the Comprehensive Plmn: Alley right-of-way has remained, for the most part, undeveloped for many years. Major portion of the alley right-of-way is situated on steep terrain. Alley intersection with Boulevard, S.W., as platted, would pose a considerable traffic problem if developed in such close proximity to Shaffer's Crossing. The intent of the comprehensive plan is that available land be used in the most appropriate manner. The most appropriate and efficient use of the land within this dormant alley right-of-way would be its utilization by the abutting property owners. IV. Recommendation: The Planning Commission, by a vote of 6-0 (Mr. Bradshaw absent) recommended that the applicant's request to vacate the subject alley be approved subject to the following conditions: That the applicant agree to have prepared and submitted to the City for review and approval, a plat of subdivision showing the vacation and proper subdivision of the vacated alley. That the ordinance effecting the subject vacation be made contingent upon the said plat of subdivision being recorded. Respectfully submitted, Michael M. Waldvogel, Chairman Roanoke City Planning Commission ERT:mpf attachments cc: Assistant City Attorney Director of Public Works City Engineering Building Commissioner/Zoning Administrator Attorney for the Petitioner IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Application of The Hub Pattern Corporation for vacation of alley. MEMBERS OF COUNCIL: Application for vacating, discontinuing and closing of alley. The Hub Pattern Corporation, applies to have the alley belween Salem Abe., S.W. and Westport Ave., S.W. from 21st Street, S.W. to Boulevard, S.W. in the City of Roanoke, Virginia, permanently 'closed,' pursuardYto Virginia Code Section 15.1-364 and Section 30-14, Code of the City of ~oanoke (1979), as. amended. This alley is more particularly described on the plat attached and as follows: 12 foot wide alley from 21st Street,S.W. to Boulevard, S.W. Between Salem Ave., S.W. and Westport Ave., S.W. {Uestport Ave.,'S.W. is not an open avenue.) The Hub Pattern Corporation states that the grounds for this applicatio~ are as follows: All landowners whose property adjoins the property to be vaJated have been notified and are Jn agreement with this application. Landowners are as follows Dodson Specialties, Inc. (Tax #1311212, 131.1216, 131121) 2121 Salem Ave., S.W., Roanoke, VA 24016 Chesapeake X-Ray Corp.. (Tax #1311225, 1311226) 2101 Salem Ave., S.W., Roanoke, VA 24016 Hub Pattern Corporation (Tax #1311223, 1311227) 2113 Salem Ave., S.W., Roanoke, VA- 24016 ~YHEREFORE, The Hub Pattern Corporation respectfully requests that the above described alley, be vacated by the Council of the City of Roanoke, Virginia,'in accordance with Virginia Code Section 15.1-364 and Section 30-14, Code of the City of Roanoke {t979), as amended. Respec~.ly Submitted, ~TION N.~//~loeter-~,-P're~i~nt Jul~j~ 22, 1988 . LOCATION · SCA £R: 1': 1 .,I) Re)I)(),q I::1) AI.i. F Yo tlr F I I I SA L E Ad PUDL iu~l iCF, NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: The Council of the City of Roanoke will hold a Public Hearing on Monday, October 10, 1988, at 7:30 p.m. or as soon thereafter as the matter may be heard, in the Council Chamber in the Municipal Building, 215 Church Avenue, S. W., on an application to permanently abandon, vacate, discontinue and close the follow- ing public right-of-way pursuant to the provisions of $15.1-482(b), Code of Virginia (1950), as amended: A 12-foot wide alley running parallel to and between Salem Avenue, S. W., and Westport Avenue, S. W., and extending from 21st Street, S. W., to Boulevard, S. as created by the West End and Riverview Map of Subdi- vision, being Plan No. 2508, dated February, 1890. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. Ail parties in interest and citizens may appear on the above date and be heard on the question. GIVEN under my hand this 21stday of September , 19 88 Mary F. Please publish in full twice, once on Friday, September 23, 1988, and once on Friday, September 30, 1988, in the Roanoke Times and World News, ~orning Edition. Please send publisher's affidavit to: Ms. Mary F. Parker, City Clerk Room 456, Municipal Building Roanoke, Virginia 24011 Parker, City Clerk. Please bill to: Ms. Mary F. Parker, City Clerk Room 456, Municipal Building Roanoke, Virginia 24011 C~ce of the C~ C!e~ September 22, 1988 File #514 Hr. Ii. J. Cloete,. President The Hub Pattern Corporation P. O. Box 4067 Roanoke, Virginia 2401~ Dear Mr. Cloeter: I am enclosing copy of a report of the City Planning Corr~nission recommending that the Council of the City of Roanoke grant the request of The Hub'Pattern Corporation, that a twelve foot wide alley running parallel to and between Salem Avenue, S. W., and Westport Avenue, S. W., and extending from 21st Street, S. W., to Boulevard, S. W., be permanently vacated, discontinued and closed. Pursuant to Resolution No. 25523 adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 6, 1981, a public hearing on the abovedescribed request has been set for Monday, October 10, 1988~ at 7:30 p.m., in the Council Chamber, fourth floor of the Municipal Building. For your information, I am also enclosing copy of a notice of the public hearing and an Ordinance providing for the vacation, which notice and Ordinance were prepared by the City Attorney's Office. Please review the Ordinance end if you have any questions, you may contact Mr. William ~. Hack'worth, Assistant City Attorney, at 981-2431. Questions with regard to the Planning Corr~nission report shouid be directed to Mr. John R. ~artles, Chief of Community Planning, at 981-2344. Sincerely, ~,~ary F. Parker, C~ City Clerk MFP: ra Enc. Room 456 Municipal Building 215 C'~urch Avenue SW Roanoke ~4rg~nia 244])tt (703) 981-2541 ~r. H. J. Cloeter Page 2 September 22, 1988 pc: Dodson Specialties, [nc., 2121 Salem Avenue, S. W. Roanoke, Virginia 24016' ' PBQ Company, P. 0. Box 13485, Roanoke, Virginia 24034. Mr. John Lamanca, p. 0. Box 6259, Roanoke, Virginia 24017 Mr. Eli Rozier, P. 0. Box 6259, Roanoke, Virginia 24017 Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, .Ir., City Attorney Mr. Von W. Moodyj III, Director of Real Estate Valuation Mr. Michael M. Waldvogel, Chairman, City Planning Corr~ission Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals $Ir. William F. Clark, Director of Public Works Mr. Kit Bo Kiser, Director of Utilities and Operations Mr. William M. Hackworth, Assistant City Attorney Mr. Charles M. Huffine, City Engineer Mr. Ronald H. Miller, Building Commissioner and Zoning Administrator ' Mr. John R. Marlles, Agent/Secretary, City Co,~mission Ms. Doris Layne, Office of Real Estate Valuation Mr. Jerome S. Howard, Jr., Co~issioner of Revenue Planning August 30, 1988 File #514 Mr. Michael M. WaIdvogel Chairman City Planning Commission Roanoke, Virginia Dear Mr. Waldvogel: Pursuant to Ordinance No, 25226, I am enclosing copy of an amended application from H. J. Cloeter, P~'esident, The Hub Pattern Corporation, requesting that a 12 foot alley fro~ 21st Stl'eet, S. W., to Boulevard, S. W., between Salem Avenue, S. and Westport Avenue, S. W., be permanently vacated, discontinued and closed. Sincerely, ~andra ff. ~a~in~ Deputy City Clerk SHE:fa Enco pc: Mr. H. J. Cloeter, President, The flub Pattern Corporation, P. O. Box 4067~ Roanoke, Virginia 24015 ~'. John R. Ma~'lles, Agent/Secretary, City Planning Commission Mr. Ronald H. ~1iller, Zoning Administrato? ~. William M. Hackworth, Assistant City Attorney Room 456 Municipal Building 215 Church Avenue SW Roanoke ~g~nia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Application of The Hub Pattern Corporation for vacation of alley. Application for vacating, discontinuing and closing of alley. MEMBERS OF COUNCIL: The Hub Pattern Corporation wishes to amend their request dated 7-22-88 from Virginia Code Section 15.1-364 to Section 15.1-482B. All other information on original request remains as previously stated. Respectfully Submitted, THE H~l~ERN CQ~PORATION H. ~ Cloeter, President August 29, 1988 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Application of The Hub Pattern Corporation for vacation of alley. MEMBERS OF COUNCIL: Application for vacating, discontinuing and closing of alley. The Hub Pattern Corporation, applies to have the alley be[ween Salem Av~., S.W. and Westport Ave., S.W. from 21st Street, S.W. to Boulevard, S.W. in the City of Roanoke, Virginia, permanently 'closed,' pursuant to Virginia Code Section 15.1-364 and Section 30-14, Code of the City of Roanoke (1979), as amended. This alley is more particularly described on the plat attached and as follows: ]2 foot wide alley from 2]st Street,S.W. to Boulevard, S.W. Between Salem Ave., S.W. and Westport Ave., S.W. (Westport Ave.,'S.W. is not an open avenue.) The Hub Pattern Corporation states that the grounds for this application are as follows: All landowners whose property adjoins the property to be vacated have been notified and are Jn agreement with this application. Landowners are as follows: Dodson Specialties, Inc. (Tax #]3]1212, ]311216, ]3]]21) 2121 Salem Ave., S.W., Roanoke, VA 24016 Chesapeake X-Ray Corp.. (Tax #1311225, ]311226) 2101 Salem Ave., S.W., Roanoke, VA 240]6 Hub Pattern Corporation (Tax f]3]]223, 1311227) 2113 Salem Ave., S.W., Roanoke, VA 24016 WHEREFORE, The Hub Pattern Corporation respectfully requests that the above described alley, be vacated by the Council of the City of Roanoke, Virginia,'in accordance with Virginia Code Section 15.1-364 and Section 30-14, Code of the City of Roanoke (t979), as amended. Respec~lly Submitted, H. ~/C l~'-oe t eC-~-~; -PreSident Ju¥5~ 22, ]988 · IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Application of The Hub Pattern Corooration f~r vacation of alley. Aoolication for vacatinm, discontinuing and closing of alley. MEMBERS OF COUNCIL: The Hub Pattern Corporation wishes to amend their request dated 7-22-88 from Virqinia Code Section 15.1-364 to Section ]5.1-482B. All other information on oriqinal request remains as previously stated.' Respectfully Submitted, . THE~ H ~ERN CO PORATION H.XCloeter, President Au~Fust 29, 198,8 IN THE COUNCIL OF THE CiTY OF ROANOKE, VIRGINIA IN RE: Application of The Hub Pattern Corporation for vacation of alley. MEMBERS OF COUNCIL: Application for vacating, discontinuing and closing of alley. The Hub Pattern Corporation, applies to have the alley between Salem Av~., S.W. and Westport Ave., S.W. from 21st Street, S.W. to Boulevard, S.W. in the City of Roanoke, Virginia, permanently 'closed, pursuant to Virginia Code Section 15.1-364 and Section 30-14, Code of the City of Roanoke (1979), as amended. This alley is more particularly described on the plat attached and as follows: 12 foot wide alley from 21st Street,S.W. to Boulevard, S.W. Between Salem Ave., S.W. and Westport Ave., S.W. (Westport Ave.,'S.W. is not an open avenue.) The Hub Pattern Corporation states that'the grounds for this application are as follows: All landowners whose property adjoins the property to be vacated have been notified and are in agreemen~ with this application. Landowners are as follows: Dodson Specialties, Inc. (Tax ~1311212, 1311216, 131121) 2121 Salem Ave., S.W., Roanoke, VA 24016 Chesapeake X-Ray Corp. (Tax #1311225, 1311226) 2101 Salem Ave., S.W., Roanoke, VA 24016 Hub Pattern Corporation (Tax #1311223, 1311227) 2113 Salem Ave., S.W., Roanoke, VA 24016 WHEREFORE, The Hub Pattern Corporation respectfully requests that the above described alley, be vacated by the Council of the City of Roanoke, Virginia,'in accordance with Virginia Code Section 15.1-364 and Section 30-14, Code of the City of Roanoke (t979), as 'amended. Respec~f_~[1 ly Submitted, H.~/~loet~, President Jul~ 22, 1988 Office of the City Clerk July 25, 1988 Fi~e #514 Mr. Michael M. Waldvogel Chairman City Planning Commission Roanoke, Virginia Dear Mr. WaldvogeI: Pursuant to Ordinance No. 25226, I am enclosing copy of an appli- cation from H. J. Cloeter, President, The Hub Pattern Corporatioa, requesting that a 12 foot alley from 21st Street, S. W., to Boulevard, S. W., between Salem Avenue, S. W., and Westport Avenue, S. W., be permanently vacated, discontinued and closed. Sincerely, ~ Mary F. Parker, CMC City Clerk MFP:ra Enc. pc: Mr. H. J. Cloeter, President, The Hub Pattern Corporation, P. 0. Box 4067, Roanoke, Virginia 24015 Mr. John R. Marlles, Agent/Secretary, City Planning Corrgnission Mr. RonaId H. Miller, Zoning Administrator Mr. William M. Hack'worth, Assistant City Attorney Roo~n 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24~11 (703) 981-2541 NOTICE OF PUBLIC HEAR~Nc'BE~ORE THE ROANOKE CITY PLANNING CONNISSION TO WHOM IT MAy CONC~j~N: The Roanoke City Planning Con~nission will hold a public hearing on Wednesday, September 7, 1988, at i:30 p.m., or as Soon thereafter as the matter may be heard, in the City Council Chamber, fourth floor, Municipal Building, in order to consider the following: Request from H. J. Cloeter, President, The Hub Pattern Corporation, that a 12 foot wide alley running from 2ist Street, S.W., to Boulevard, S.W., between Salem and Westport Avenues, S.W., be permanently vacated, discontinued and closed. A copy of said application is available for review in the Office of Community Planning, Room 355, Municipal Building. Ali parties in interest and citizens may appear on the above date and be heard on the matter. John R. Marlles, Agent Roanoke City Planning Commission Please run in the morning edition on Tuesday August 23, 1988 Please run in the evening edition on Tuesday~ August 30, 1988 Please send affidavit of publication to: Office of Community Planning, Room 355, Municipal Building, Roanoke, VA 24011 Please bill: Mr. H. J. Cioeter, President The Hub Pattern 'Corporation P. O. Box 4067 Roanoke, VA 24015 TO THE CITY CLERK OF THE CITY ~ R0~I~0KE', VIRGINIA PERTAINING TO THE STREET/ALLE~LO~R~iRE~UEST OF: Request from H. 3. Cloeter, President, The Hub Pattern ) Corporation, that a 12 foot wide alley running from 21st ) Street, S.W., to Boulevard, S.W., between Salem and )AFFIDAVIT Westport Avenues, S.W., be permanently vacated, ) discontinued and closed. ) 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 29th day of August, notices of a public hearing to be held on the 7th day of September, 1988, on the street/alley closure captioned above to the owner or agent of the parcels listed below at their last known address: 1311221 1311225 PARCEL OWNER, AGENT OR OCCUPANT ADDRESS 1311212 Dodson Specialties, Inc. 2121 Salem Avenue, SW 1311216 Roanoke, VA 24016 PDQ Company John Lamanca Eli Rozier P. O. Box 13485 Roanoke, VA 24034 P. O. Box 6259 Roanoke, VA 24017 Martha P. Franklin SUBSCRIBED AND SWORN before, a Notary Public, in the City of Roanoke, Virginia, this 29th day of August, 1988. My Commission Expires: Notary Publ~lc ~---vrfice of the City Clerk Octaber 19, 1988 File #514 ~r. Donald L. Cass P. O. Box 4~55 Roanoke, Virginia 24015 Dear ~tr. Cass: [ am enclosing copy of Ordinance ¥o. 29324, permanently vacating, discontinuing and closing a portion of an alley extending between Kirk Avenue and Church Avenue, S. W., abutting upon Official Tax Nos. 1011601, 1011604, 1011602, and 1011615, more specifically described as approximately twelve feet in width and extending in a southerly direction from Kirk Avenue, S. W., for a distance of approximately fifty feet, which Ordinance ~Jo. 29324 was adopted by ttle Council of the City of Roanoke on first reading on ~ionday, October 10, 1988, also adopted by the Council on second reading on Monday, October 17, 1988, and will take effect ten davs following the date of its second reading. - gincerel.¥, Mary F. Parker, C~HC City Clerk ~tFP: ra Enc. pc: Mr. Webster Day, P. O. 8o:c 90, Roanoke, Virginia 24002 Its. Anita L. Durham, 7018 9reenway Drive, N. W., Roanoke Virginia 24019 ' ' Al fright Realty Company, P. O. 8ox 53390 Houston, Texas 77052 ' Paragon Investments, 128 West Kirk Avenue, Roanoke, Virginia 24011 !tr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibl lng, ,Ir. ,. Ci tv ,-it toeney Mr. Von W. .~loody, III, r)irector of Real Estate Valuation Mr. Michael M. Waldvogel, Chairman, City Planning Commission Room 456 Municipal Buiidir~ 215 Church Avenue 5W Roanoke ',~rg~nia 24011 (703) 981-2541 Mr. Donald L. Cass October 19, 1988 Page 2 gc: Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals Mr. William F. Clark, Director of Public Works Mr. Kit B. Kiser, Directar of Utilities and Operations ,~lr. Charles M. Huffine, City Engineer Mr. Ronald H. ~iller, Building Commissioner and Zoning Administrator Mr. John R. ~arlles Agent/ ecretary, City Planning Commission , S Mr. Edward R. Tucker, City Planner Ms. Doris Layne, Office of aeal Cstate Valuation Mr. Jerome S. ~oward, Jr., Commissioner of Revenue Office of the City Cle~ October 19, 1988 File #514 ,Hiss Patsy Testerman Clerk of the Circuit Court Roanoke, Virginia Dear ~liss Testerman: I am attaching copy of Ordinance No. 29324, for proper recor- dation in your office, which provides for the permanent vacating, discontinuing and closing of a portion of an alley extending bet- ween Kirk Avenue and Church Avenue, S. W., abutting upon Official Tax Nos. 1011601, 1011604, 1011602, and I011615, more specifi- cally described as approximately twelve feet in width and extending in a southerly direction from Kirk Avenue, S. W., for a distance of approximately fifty feet, which Ordi.nance No. 29324 was adopted by the Council of the City of Roanoke on first reading on ~onday, October 10, 1988, also adopted by the Council on second reading on ~onday, October 17, 1958, and will take effect ten days following the date of its second reading. Mary F. Parker, CMC City Clerk MFP: ra pc: Mr. webster Day, P. O. Box 90, Roanoke, Virginia 24002 Mr. Donald L. Cass, P. 0. Box 4655, Roanoke, Virginia 24015 Roam ~56 /~ - n ~15 ~l ~ IJ,, ,~ (t ,rch, A.,en,.,e S W R~.~r.oke wrglma 2401t (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of October, 1988. No. 29324. AN ORDINANCE permanently, vacating, rain public right-of-way in the City of particularly described hereinafter. discontinuing and closing cer- Roanoke, Virginia, as is more WHEREAS, Donald L. Cass has filed an application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close the public right- of-way described hereinafter; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by $30-14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council. WHEREAS, a public hearing was held on said application by the City Council on October 10, 1988, after due and timely notice thereof as required by $30-14, COde of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on said application; and WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no incOnvenience will result to any individual or to the public from per- manently vacating, discontinuing and closing said public right-of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that that public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: That portion of an alley extending between Kirk Avenue and Church Avenue, $. W., abutting upon Official Tax Nos. 1011601, 1011604, 1011602, and 1011615, more specifically described as approximately 12' in width and extending in a southerly direction from Kirk Avenue, S. W., for a distance of approximately 50 feet. be, and it hereby is, permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as the Council of the City of Roanoke is empowered so to do, reserving however, to the City of Roanoke an easement for Sewer lines and water mains and other public ~tilities that may now be located in or across said public right-of-way, together with the right of ingress and egress for the maintenance or Peplacement of such lines, mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the Owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above-described public right-of-way of any such municipal installation or utility by the Owner thereof. BE IT FURTHER ORDAINED that the City Engineer be, and he is, directed to mark "permanently vacated" on said public right-of-way on all maps and plats on file in his office on which said right-of-way is shown, referring to the book and page or ordinances and resolutions of the Council of the City of Roanoke, Virginia, wherein this ordinance shall be spread. BE IT FURTHER ORDAINED that the Clerk of the Council deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation in the Deed Books of said Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of Donald L. Cass, and the names of any other parties in interest who may so request, as Grantees. BE IT FURTHER ORDAINED that this ordinance shall not take effect unless and until a plat of subdivision, approved by the City and providing for adequate access to and use of the vacated right-of- way by the applicant, shall have have been recorded within twelve (12) months of the effective date of this ordinance. ATTEST: City Clerk. Roanoke Cily Planning Commission October 10, 1988 The Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Members Council: Subject: Request from Donald L. Cass that a portion of an alley extending between Kirk Avenue and Church Avenue, S.W., abutting upon official tax parcels 1011601, 1011604, 1011602, and 1011615, more specifically described as approximately 12' in width and extending in a southerly direction from Kirk Avenue, S.W. for a distance of approximately 50 feet, be permanently vacated, discontinued and closed. I. Background: Portion of alley requested for closure is situated at the rear of the old Grand Piano warehouse building (312 2nd Street, S.W.) which is located at the southeast corner of 2nd Street and Kirk Avenue, S.W. Se~ent of alley requested for closure is part of a paved alley system that extends from Kirk Avenue to Church Avenue, S.W. Properties abutting this alley system on the east are Trasco at 128 Kirk Avenue, S.W. (Paragon Investments) and the City parking garage. Properties abutting the alley system on the west are the Grand Piano building (Anita Durham Lee Estate) and the parking lot (Allright Realty Company) at the corner of 2nd Street and Church Avenue, S.W. Properties abutting the portion of the alley requested for closure are Trasco (Paragon Investments) at 128 Kirk Avenue, S.W. and the old Grand Piano building (Anita Durham Lee Estate) at 312 2nd Street, S.W. Eo Access into the alley from Kirk Avenue, S.W, is restrictive due to the fact that both abutting buildings (Trasco and the old Grand Piano building) were constructed to the very edge of the respective property/alley right-of-way lines. Room 355 Municipal Building 215 Church Avenue, S W~ Roanoke, Virginio 24011 (703) 981-2344 II. Current Situation: ao Applicant has an option to buy the property at 312 2nd Street, S.W. (old Grand Piano building) from the estate of Anita Durham Lee. Plans are currently being developed for the renovation of the building for use as an office space/apartment complex. Ail of the alley portion as requested for closure is needed to provide a rear entrance and courtyard area to facilitate occupant/ pedestrian access to and from Kirk Avenue and adjacent parking facilities. Do Alley portion as requested for closure is approximately 12' wide and 50' long. Plans for the rear entrance courtyard will require the utilization of the entire 12' alley width. Eo State statute (15.1-364) under which the alley portion has been requested for closure provides only for the alley's vacation and the divesting of any rights of the public to the subject alley. Fee simple title to the subject alley portion, if vacated, will have to be properly established (if vacated) by the respective abutting property owners. Title to the westerly half of the vacated alley portion (if properly established) would thereafter vest in owner(s) of the property at 312 2nd Street, S.W. proposed for purchase by the applicant, while title to the easterly half of the alley portion would thereafter vest in the owners of Trasco (Paragon Investments). Agreement by Paragon Investments to provide the applicant with an acceptable easement for the use of the easterly one-half of the vacated alley as a part of the planned courtyard would be necessary. If this cannot be accomplished, the alley's vacation would serve no useful purpose. H. Planning Com~aission reviewed the application at its regular meeting on October 5, 1988. There was no one present in opposition to the request. III. Issues: A. Community impact: Closure of the alley portion would not adversely affect any other adjacent property owner. Renovation of the building at 312 2nd Street, S.W. for use as an office space/apartment complex would have a positive affect on the immediate downtown community. B. Traffic impact: Closure would have no adverse affect on the traffic needs in the community. Alley area requested for closure, because of its shielded and narrow position between two buildings, has been a frequent source of complaints related to the alley area's undesirable use as a loitering and drinking nook for transient inebriates. Co Utilities within the public right-of-way - City has a sewer line within the alley portion requested for closure. Creation of a dead-end alley - East/west alley system intersecting at a point immediately to the south of the proposed terminus of this alley section would provide an adequate turnaround area for vehicular traffic. Eo Relationship to the Comprehensive Plan: The purpose of this request is consistent with the intent of the comprehensive plan, in which the following concept and guideline is set forth: "Downtown housing should contribute to the pace of central business district revitalization by providing for the variety of uses necessary to create a lively 24 hour center. Downtown housing will serve those residents who are looking for a central walk-to-work location, and will contribute to the market for new and expanded commercial uses." Fo Land use - Closure of the subject alley portion should require the following land use determinants: Accurate dimensions, by survey, of the portion of the alley to be vacated and its point of terminus. If proper title to the vacated alley is established by the abutting property owners, a proper division line will have to be established, defining the new property boundary between the abutting property owners. Deed of easement from Paragon Investments (Trasco) should be defined and noted on a properly approved and recorded subdivision plat. IV. Recommendation: The Planning Commission, by a vote of 4-0-1 (Mr. Price and Mrs. Goode absent and Mr. Waldvogel abstaining) recommends to City Council that the applicants request to close and vacate the subject alley portion be approved. The requested closure was reviewed by the Commission as a special situation, where an exception to the City's usual policy against creating portions of "dead end" alleys should be made. In view of these special conditions, the Planning Co~mission further recommends that the section of alley remaining open as it extends from the area of the alley portion requested for closure to the northeasterly corner of the intersecting east/west alley (see map A) be limited by the City to pedestrian and necessary service use only, if possible. The above recommendation is subject to the following conditions: That the applicant agree to provide the City with proper verification that title to the subject alley portion can be established by the abutting property owners, if and when the closure is effected, the verification to be provided prior to the subject application's submittal to City Council for final action. That the applicant agree to provide to the City a proper subdivision plat for review and approval, showing the proper division of the alley portion and noting clearly thereon the aforementioned easement from Paragon Investments to Donald L. Cass and David Kunca as the owner of the property at 312 2nd Street, S.W., and its place of recording. That official closure of the alley be made contingent upon the recordation of this properly approved subdivision plat and the provision that if such a plat is not recorded within a period of 12 months from the date of City Council's adoption of the ordinance providing for the subject closure, said ordinance thereafter shall be voided. Respectfully submitted, Michael M. Waldvogel, Chairman~j Roanoke City Planning Commission JRM:ERT:mpf attachments cc: Mr. William M. Hackworth, Assistant City Attorney Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Mr. Ronald H. Miller, Building Co~issioner/Zoning Administrator Petitioner IN RE:' IN THE COUNCIL OF THE ) ) Application of Donald L. Cass ) for vacation of alley ) CITY OF ROANOKE, VIRGINIA APPLICATION FOR VACATING, DISCONTINUING AND CLOSING OF ALLEY MEMBERS OF COUNCIL: Donald L. Cass applies to have a portion of alley south from Kirk Avenue east of 2nd Street in the City of Roanoke, Virginia, permanently vacated, discontinued and closed, pursuant to Virginia Code Section 15.1-364 and Section 30-14, Code of the City of Roanoke (1979), as amended. This alley portion is more particularly described on the map and plat attached and as follows: Approximately 12' in width and extending in a southerly direction from Kirk Avenue, S.W., for a distance of approximately 50 feet, and as shown on the attached official appraisal map no. 101. The alley portion is paved and is currently in use on a limited basis but its use at this point is restricted by encroachments of a fire escape, stand pipe and loading dock attached to the rear of the adjacent building at 312 2nd Street, S.~. The turning radius into this portion of the alley, from Kirk Avenue, S.W., is extremely narrow. The applicant desires to use the property to be vacated for a courtyard entrance to the building to be renovated on the southeast corner of Kirk Avenue and 2nd Street. WHEREFORE, Donald L. Cass respectfully requests that the above described alley be vacated by the CoUncil of the City of Roanoke, Virginia, in accordance with Virginia Code Section 15.1-364 and Section 30-14, Code of the City of Roanoke 1979), as amended. Respectfully submitted, ~'~as/ ~ bate 2 PROPERTY OWNERS AFFECTED Paragon Investments 128 W. Kirk Avenue Roanoke, VA 24011 Ail Right Realty Co. P. O. Box 53390 Houston, Texas 77052 Anita Durham-Lee 7018 Greenwa~ Drive, N.W. Roanoke, VA 24019 (40' KIRK' AVE NUE', S, W. LOT AP "' O L) JO~IN t imABKLR LANO ~LIIYE~ CEWTIF~.,AT~ NO. 1071 I)G 1'1¢ CHURCH AVENUE, S.W. (60' R/W) SURVEy FOR ALLRIGNT REALTY COMPANY OF LOTB I THRU B, OFFICIAL ~URVEy BLOCK IE, BNEET l.W.I PROPERTYOF ANITA DURHAU lNG.AU LiCit EXHIBIT. ROANOKE mY T. P. PARKER & SON ec,cz - ]o (NGINUB~ ~ %U~vEYoB~ o.~ n.l~ 4, LOCATION VINTON ~ J0/2212~ ~~ 12203 .:,~._~ .41012205 I012214 '~ 101220 ~B ....... ~ ~- I"0 T'Z'20'7- /cZ _-" ~t 012 ~08 1(:12217 ~.9 1012209 i 012218 ~ I OI2ZlO ~012 ZI2 IOi2ZI STREET 40'\ Offlce of~eCiwCie~ October 3, 1988 Ms. Anita L. Durham 7018 Greenway Drive, N. W. Roanoke, Virginia 24019 Dear Ms, Durham: The Council of the City of Roanoke will hold a public hearing in the Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W., to consider the following request: Request from Mr. Donald L. Cass that a portion of an alley extending between Kirk Avenue and Church Avenue, S. W., abutting upon Official Tax Nos. 1011601, 1011604, 1011602, and 1011615, more specifically described as approximately twelve feet in width and extending in a southerly direction from Kirk Avenue, S. W., for a distance of approximately 50 feet, be permanently vacated, discontinued and closed. According to the City's records, you are the owner of property adjacent to the properties described above. If you would like to address Council concerning the proposed request, you are invited to attend the public hearing on Monday, October 10, 1988, at 7:30 p.m. If you have questions relative to the matter, please do not hesitate to call me. Sincerely, 'MFP:ra Mary F. Parker, CMC City Clerk Rc>~, ~- ~56 '^ , c. ~ ~_, ~o,,,,~ ,-15 ~1', ~cl~, A'.en~e SW Rc~,~a~;~e v~rg~n~a 24011 (703) 981-2541 CITY uucr~c,b uI-FIL. L .... NOTICE OF PUBLIC HEARING TO ~HOM IT MAY CONCERN: The Council of the City of Roanoke will hold a public hearing on Monday, October 10, 1988, at 7:30 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, Fourth Floor, Municipal Building, 215 Church Avenue, S. W., in order to consider the following: Request from Don Cass that a portion of an alley extending between Kirk Avenue and Church Avenue, S. W., abutting upon Official Tax Nos. 1011601, 1011604, 1011602, and 1011615, more specifically described as approximately 12' in width and extending in a southerly direction from Kirk Avenue, S. W., for a distance of approximately 50 feet, be perma- nently vacated, discontinued and closed. A copy of said application 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 this matter. GIVEN under my hand this .21st day of September 1988. Mary F. Parker, Please publish in full twice, once on Friday, September 23, 1988, and once on Friday, September 30, 1988, in the Roanoke Times and World News, Morning Edition. Please send publisher's affidavit to: Ms. Mary F. Parker, City Clerk Room 456, Municipal Building Roanoke, Virginia 24011 City Clerk Please bill to: Ms. Mary F. Parker, City Clerk Room 456, Municipal Building Roanoke, Virginia 24011 C~¢e of ~e City Clerk September 19, 1988 File #514 Mr. Michael ^~. Watdvoget Chairman City Planning Commission Roanoke, Virginia Dear Mr. Waldvogel: Pursuant to Ordinance No. 25226, I am enclosing copy of an appli- cation from Donald L. Cass, requesting that an alley approxima- tely twelve feet in width extending in a southerly direction from Kirk Avenue, S. W., for a distance of approximately 50 feet, be permanently vacated, discontinued and closed. Sincerely, ~ Mary F. Parker, CMC City Clerk MFP: ra pc; M,. Donald L. Cass, P. O. ~ox .4655, Roanoke, Virginia 24015 Mr. John R. Marlles, Agent/Secreta,y, City Planning Co~nission Mr. Ronald ~. Miller, Zoning Administratar Mr. William M. Hackworth, Assistant City Attomiey Roo ¢56 ',*, ,c~,~l D,.4~i,,~,. , ~. (~'~ .d-, Aven~e )W Rc~n,~:!~e v~rc~n~a 24011 (703) 981-2541 !~i i~c TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE STREET/ALLEY LOSURE~QUEST,~;OF: Request from Don Cass that a portion of an alley extending between Kirk Avenue and Church Avenue, S.W., abutting upon official tax parcels 1011601, 1011604, 1011602, and 1011615, more specifically described as approximately 12' in width and extending in a southerly direction from Kirk Avenue, S.W. for a distance of approximately 50 feet, be permanently vacated, discontinued and closed. COMMONWEALTH OF VIRGINIA ) ) CITY OF ROANOKE ) 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 26th day of September, 1988, notices of a public hearing to be held on the 5th day of October, 1988, on the request captioned above to the owner or agent of the parcels listed below at their last known address: PARCEL OWNER, AGENT OR OCCUPANT ADDRESS 1011601 1011602 1011604 Anita Lee Durham 7018 Greenway Drive, NW Roanoke, VA 24019 Allright Realty Company Paragon Investments P. O. Box 53390 Houston, TX 77052 128 W. Kirk Avenue Roanoke, VA 24011 Mart~ha P. Franklin SUBSCRIBED AND SWORN before, a Notary Public, in the City of Roanoke, Virginia, this 26 day of September, 1988. Notary Public My Commission Expires: O~ce c:~ ~e City Cie~ October 19, 1988 File #51 ~r. B. Lee ~enderson, Jr. 4664 ~rambletan Avenue, S. W. Roanoke, Virginia 24015 ,Hr. Van A. Bramblett P. O. ~ox 13625 Roanoke, Virjinia 24035 Mr. C. O. Stevens Real ~state & Engineering Manager Exxon Corporation 1200 Smith Street Citicorp Center, Room 321ll ~fouston, Texas 77002 Gentlemen: I am enclosing copy of Ordinance ~o. 29325, rezoaing a parcel of land containing 1.923 acres, in the aggregate, more ar less, located at 719 Orange Avenue, N. E., and 815 Orange Avenue, ¥. E., bearing Official Tax Nos. 3039404 and 3030403, respec- tively, from ~, ~feavy llanufacturing District, to C-2, General Commercial District, which Ordinance No. 2~325 ~as adopted by the Council of the City of Roanoke on first reading on Monday, October 19, 19~8,. also adopted by the Council on second reading on Monday, October 17, 1988, and will take effect ten days following the date of its second reading. ~incere fy, Mary F. Parker, City Clerk MFP: ra Enc· Mr. B. £ee Henderson, Mr. Van A. Bramblett Mr. C. D. Stevens October 19, 1988 Page 2 J'rl Trinity Industries, [nc., c/o Webb Cooley Company, [nc., 910 Carillion Tower East, Dallas, Texas 75240 Mr. Henry J. Brabham, IV, Three Breezewood Circle, Vinton, Virginia 24179 Colonial .American National Bank, c/o Trust Department, P. O. Box' 13888, Roanoke, Virginia 24038 Virginia Foundry Company, P. O. Box 12806, Roanoke, Virginia 24028 Brabham Petroleum Company, P. O. Box 218, Vinton, Virjinia 24179 Ms. Elizabeth H. Beasley, Route 4, Box 9, Roanoke, Virginia 24018 ,~r. L. G. Sturgill. Buford Lllmsden & ,Associates, P. O. Box 20669, Roanoke, Virginia 24018 :~r. W. Robert i{erbert, City Manager ,Hr. Wilburn C. Dibling, Jr., City Attorney Mr. Von W. Moody, 1I[, Director of Real Estate Valuation Mr. ~,{ichael ~. Waldvogel, Chairman, City Planning Commission ~.{r. 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 ii. Huffine, City Engineer Mr. Ronald H. ,~4iller, Building Commissioner and Zoning Administrator Mr. John R. Marlles, Agent/Secretary, City Planning Commission Ms. Doris La,ne, Office of Real Estate Valuation IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of October, 1988. No. 29325. AN ORDINANCE to amend $36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 303, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City. WHEREAS, application has been made to the Council of the City of Roanoke to have the hereinafter described property rezoned from Heavy Manufacturing District, to C-2, General Commercial District; 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 October 10, 1988, at 7:30 p.m., after due and timely notice thereof as required by $36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed 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. 303 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: Property described as a parcel of land in the City containing 1.923 acres, in the aggregate, more or less, located at 719 Orange Avenue, N. E., and 815 Orange Avenue, N. E., designated on Sheet No. 303 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Number Nos. 3030404 and 3030403, be, and is hereby rezoned from Heavy Manufacturing District, to C-2, General Commercial District, and that Sheet No. 303 of the Zone Map be changed in this respect. ATTEST: City Clerk. Roanoke City Planning Commission October 10, 1988 The Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request from Exxon Corporation and Van A. Bramblett that certain tracts of land lying on the south side Orange Avenue, N.E., designated as Official Tax Nos. 3030403 and 3030405, containing 1.923 acres, more or less, be rezoned from HM, Heavy Manufacturing District to C-2, General Commercial District. I. Background: Ao Purpose of the rezonin9 is to conform with the existing use of the property (leasing of cars and equipment for Bramblett and the retail sale of petroleum and other products for Exxon). Existin9 commercial uses were permitted in the HM zone under the previous zoning ordinance. Existing uses became non-conforming under the new zoning ordinance which became effective in May, 1987. Planning staff recommended approval of the requested rezoning. Planning Commission public hearing was held on September 21, 1988 and continued to October 5, 1988. Mr. Lee Henderson summarized the rezoning petition noting that both properties were made non-conforming by the new zoning regulations. Mr. Henderson stated that the proposed C-2 zoning would be consistent with the existing commercial use of the properties. No one spoke in opposition to the request. II. Issues: A. Zoning. B. Land use. C. Utilities. Room 355 Municipal Building 215 Church Avenue, 5'9.4 Roanoke, Virginia 24011 (703) 981-2344 D. Traffic. E. Comprehensive Plan. III. Alternatives: A. CitS Council approve the rezoning request. Zoning is presently HM. Rezoning to C-2 would bring existing land uses into conformity with the City's new zoning ordinance and would provide more flexibility to property owners in the commercial use of their property. Zoning to east along Orange Avenue is C-2. Zoning to the north, south and west is HM. Land use of both parcels is presently commercial. Land use to the east is a mixture of industrial and commercial. Land use to the north across Orange Avenue is commercial while land use to the west and south is industrial. Utilities are available. Both properties are in the 100 year flood plain of Lick Run. FEMA regulations will require any new construction to be at or above elevation 917' Flood plain or utilities would not be adversely affected by the rezoning. Traffic on Orange Avenue in this area is congested. No additional traffic will be generated by the rezoning. The widening of 13th Street/9th Street/Hollins Road is planned for implementation in the State's 6-year plan. The eastern portion of Exxon's site would likely be affected by the roadway widening. Comprehensive Plan recommends that the City's valuable industrial land be protected. The existing commercial development on the sites diminishes their value as industrial land. B. CitS Council denS the rezoning. 1. Zoning remains HM. 2. Existing land uses remain non-conforming. 3. Utilities not affected. 4. Traffic not affected. 5. Comprehensive Plan followed. IV. Recommendation: By a vote of 6-0 (Mrs. Goode absent), the Planning Commission recommended approval of the rezoning request. C-2 zoning would be consistent with the existing uses of the properties and with the zoning pattern in the area. Respectfully submitted, Michael M. Waldvogel, Chairman Roanoke City Planning Commission JRM:mpf attachment cc: Assistant City Attorney Director of Public Works City Engineering Building Commissioner/Zoning Administrator Attorney for the Petitioner IN THE COUNCIL OF THE CITYOF ROANOKE, VIRGINIA IN REGARD: Rezoning of two (2) tracts of lan~31yi~q'o~'t~e southeast corner of the intersection of Orange Avenue and Hollins Road, located at 719 and 815 Orang.9, Aven~e, NE, Roanoke, VA 24012, and known as Tax Parcels~030403 and 3030404, from HM to C-2. THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY' OF ROANOKE: The Petitioners, Exxon Corporation and Van A. Bramblett own land in the City of Roanoke containing 1.923 acres, in the aggregate, more or less, located (for Bramblett) at 719 Orange Avenue, NE with tax number being 3030404 and (for Exxon) at 815 Orange Avenue, NE, with tax number 3030403. Said tracts are ~urrently zoned HM. A map of the property to be rezoned is attached as Exhibit A1 and A2. Pursuant to Article VII of Chapter 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioners requests that said property be rezoned from HM District to C-2 District, for the purpose of continuing to engage in the leasing of cars and equipment, for Bramblett; and the retail sale of petroleum and other products for Exxon. The Petitioners believe the rezoning of the said tracts of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will bring the petitioners property in compliance with current zoning ordinance for the type of business enterprise the petitioners have been engaged in for many years on these tracts. Attached as Exhibit B are the names, addresses and tax numbers of the owne~ 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 Petitioners requests that the above-described tracts be rezoned as requested in accordance with the provisions of the Zoning Ordinance of-the City of Roanoke. 1988. Respectfully submitted, BUFORD T. LUMSDEN & ASSOCIATES, P.C. By: Van A. amblett, Owner 719 Orange Ava., NE P.O. Box 13625 Roanoke, VA 24035 B. Lee Henderson, Jr. 4664 Brambleton Avenue Roanoke, Virginia 24018 (703)774-4411 EXXON.C~~ By: c. D. St~v~D$, Enaln~er~n~ Manager~ ...... ~ EXXON Company U.S.A. (A Division of.EXXON Corporation),. Owner 1200 Smith'Street Citicorp Center Room 3211! Houston, TX 77002 EXHIBIT B O~ficial Tax Number 3030403 3030404 3030405 X3042008 3042121 thru 3042129 & 3042141 3050207 Owner's Name & Mailing Addresn Exxon Corporation P.O. Box 53 Houston, TX 77001 Van L. Bramblett P.O. Box 13625 Roanoke, VA 24034 Trinity Industries, Inc. 910 Carillon Tower East Dallax, TX 75240 Henry J. Barbham, IV 3 Breezewood Circle Vinton, VA 24179 Colonial American National Bank P.O. Box 13888 Trust Department Roanoke, VA 24038 Virginia Foundry Company P.O. Box 12806 Roanoke, VA 24028 CIT ROA LOCATION Imm Office c~ ~e Cit~ Clen~ October 3, 1988 Trinity Industries, Inc. c/o Webb Cooley Company, 910 Carillion Tower East Dallas, Texas 75240 Inc. Ladies and Gentlemen: The Council of the City of Roanoke will hold a public hearing in the Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W., to consider the following request: Request from Exxon Corporation and Van Aa Bramblett, that a parcel of land in the City containing 1.923 acres, in the aggregate, more or less, located at 719 Orange Avenue, N. E., bearing Official Tax Nos. 3030403 and 3030404, be rezoned from HM, Heavy Manufacturing District, to C-2, General Commercial District. According to the City's records, you are the owner of property adjacent to the properties described above. If you would like to address Council concerning the proposed request, you are invited to attend the public hearing on Monday, October 10, 1988, at 7:30 p.m. If you have questions relative to the matter, please do not hesitate to call me. Sincerely, ~i~ Mary F. Parker, CMC City Clerk MFP: ra The above letter was sent to each individual/organization as listed on the attached affidavit. (10-5-88) ROG !', ~56 ~ ~ ,i,:,~,Jl ~, ,~; ,g ~1 ~ (hu~Ch A,,,en~ S W Rc~,'~,e ~ifg,nio 24011 (703) 981-2541 PCKA110N iS PudLlJ~ic~ bP Thc Ru~u~c NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant to the provisions of Article VII of Chapter 36.1, Code of the City of Roanoke (1979), as amended, the Council of the City of Roanoke will hold a Public Hearing on Monday, October 10, 1988, at 7:30 p.m., in the Council Chamber in the Municipal Building, 215 Church Avenue, S. W., on the question of rezoning from HM, Heavy Manufacturing District, to C-2, General Commercial District, the following property: A parcel of land in the City containing 1.923 acres, in the aggregate, more or less, located at 719 Orange Avenue, N. E., and 815 Orange Avenue, N. E., bearing Official Tax Nos. 3030404 and 3030403, respectively. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. Ail parties in interest may appear on the above date and be heard on the question. GIVEN under my hand this 21st day of September , 1988. Mary F. Parker, City Clerk Please publish in full twice,~once on Friday, September 23, 1988, and once on Friday, September 30, 1988, in the Roanoke Times and World News, Morning Edition. 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 Office of ~he City Cler~ August 17, 1988 File #51 Mr. Michael M. Waidvogel Chairman City Planning Commission Roanoke, Virginia Dear Mr. Waldvogel: Pursuant to Sectian 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, [ am enclosing copy of a petition from Exxon Corporation and Van A. BrambIett, requesting that two tracts of land lying on the southeast corner of the intersection of Orange Avenue and Hollins Road, N. E., located at 719 and 815 Orange Avenue, N. E., Official Tax Nos. 3030403 and 3030404, be rezoned from HM, Heavy ,~,fanufacturing District, to C-2, General Commercial District. SHE:fa Enco pc: Mr. Sincerely, Sandra H. Eakin Deputy City Clerk B. Lee Henderson, Jr., 4664 Drambleton Avenue, S. W., ~oanoke, Virginia 24018 Mr. Van A. ~ramblett, P. O. 8ox 13625, ~oanoke, Virginia 24035 ~fr. C. D. Stevens, Real Estate and Engineering Manager, Exxon Corporation, 1200 Smith Street, Citicorp Center, Room 32111, Houston, Texas 77002 Mr. John R. MarIles, Agent/Secretary, City Planning Commission Mr. Ronald H. Miller, Zoning Administrator Mr. William M. Hackworth, Assistant City Attorney Room456 MuniclpalBulldlng 215 Church Avenue, S.W. Roonoke,~rglnia24011 (703) 981-2541 TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE REZ~ING~REQUEST OF: Request from Exxon Corporation and Van A. Bramblett, that ) certain tracts of land lying on the south side of Orange ) Avenue, N.E., designated as official tax nos. 3030403 and )AFFIDAVIT 3030404, containing 1.923 acres more or less, be rezoned ) from HM, Heavy Manufacturing District to C-2, General ) Commercial District. ) 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 12th day of September, 1988, notices of a public hearing to be held on the 21st day of September, 1988, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: PARCEL 3030405 X3042008 3402121 - 3042129 3042141 3050207 3042002 3042001 OWNER, AGENT OR OCCUPANT Trinity Industries, Inc. c/o Webb Cooley Co., Inc. Henry J. Brabham, IV Colonial American Nat'l Bank Trust Department ADDRESS 910 Carillion Tower East Dallas, Texas 75240 3 Breezewood Circle Vinton, VA 24179 P. O. Box 13888 Roanoke, VA 24038 Virginia Foundry Company Brabham Petroleum Co. Elizabeth H. Beasley P. O. Box 12806 Roanoke, VA 24028 P. O. Box 218 Vinton, VA 24179 Route 4, Box 9 Roanoke, VA 24018 SUBSCRIBED AND SWORN before, a Notary Public, in the City of Roanoke, Virginia, this 12th day of September, 1988. My Commission Expires: TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE REZONING REQUEST ~: Request from Exxon Corporation and Van A. Bramblett, that ) certain tracts of land lying on the south side of Orange ) Avenue, N.E., designated as official tax nos. 3030403 and )AFFIDAVIT 3030404, containing 1.923 acres more or less, be rezoned ) from HM, Heavy Manufacturing District to LM, Light ) Manufacturing District. ) 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 Coxmission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of 215.1-341) Code of Virginia (1950), as amended, on behalf of the Planning Conm~ission of the City of Roanoke she has sent by first-class mail on the 29th day of August, 1988, notices of a public hearing to be held on the 7th day of September, 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 3030405 Trinity Industries, Inc. 910 Carillion Tower East c/o Webb Cooley Co., Inc. Dallas, Texas 75240 X3042008 Henry J. Brabham, IV 3 Breezewood Circle Vinton, VA 24179 3402i21 Colonial American Nat'l Bank P.O. Box 13888 - 3042129 Trust Department Roanoke, VA 24038 3042141 3050207 3042002 3042001 Virginia Foundry Company Brabham Petroleum Co. Elizabeth H. Bea$1ey P. O. Box 12806 Roanoke, VA 24028 P. O. Box 218 Vinton, VA 24179 Route 4, Box 9 Roanoke, VA 24018 Mar tha~. Franklin SUBSCRIBED AND SWORN before, a Notary Public, in the City of Roanoke, Virginia, this 29th day of August, 1988. My Co~nission Expires: Notary Pub~/ic TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGI~k'~ ' PERTAINING TO THE REZONING REQUEST OF: '~3 ·1 · Request from Exxon Corporation and Van A. Bramblett, that ) certain tracts of land lying on the south side of Orange ) Avenue, N.E., designated as official tax nos. 3030403 and )AFFIDAVIT 3030404, containing 1.923 acres more or less, be rezoned ) from HM, Heavy Manufacturing District to C-2, General ) Commercial District. ) 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 26th day of September, 1988, notices of a public hearing to be held on the 5th day of October, 1988, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: PARCEL 3030405 X3042008 3402121 - 3042129 3042141 3050207 3042002 3042001 OWNER, AGENT OR OCCUPANT ADDRESS Trinity Industries, Inc. c/o Webb Cooley Co., Inc. 910 Carillion Tower East Dallas, Texas 75240 Henry J. Brabham, IV 3 Breezewood Circle Vinton, VA 24179 Colonial American Nat'l Bank P.O. Box 13888 Trust Department Roanoke, VA 24038 Virginia Foundry Company Brabham Petroleum Co. Elizabeth H. Beasley P. O. Box 12806 Roanoke, VA 24028 P. O. Box 218 Vinton, VA 24179 Route 4, Box 9 Roanoke, VA 24018 SUBSCRIBED AND SWORN before, a Notary Public, in the City of Roanoke, Virginia, this 26th day of September, 1988. My Commission Expires: Office of the City Cler~ October 19, 1988 File ~51 Ms. Maryelten F. Goodlatte Attorney P. O. ~ox 2~87 Roanoke, Virginia 24001 Dear ~fs. Goodlatte: [ am enclosing copy of Ordinance No. 29326, rezoning certain par- cels of Towne Square (Map Book 1, Page 689), lying on the north side of Hershberger Road, N. W., from LM, Light Manufacturing District, to C-2, ~eneral Commercial District, which Ordinance No. 29326 was adopted by the Council of the City of Roanoke on first reading on l~onday, 9ctober 10, 1988, :lso adopted by the Council on second reading on Monday, October 17, 1988, and will take effect tea days following the date of its second reading. Sincerely, Mary F. Parker, CMC City Clerk MFP: ra Mr. & 14rs. Earl E. Powelt, 5080 Gtenvar Heights Boulevard, Salem, Virginia 24153 ^~r. & ~rs. Paul G. Fry, 1638 Hershberger Road, ~. W. Roanoke, Virginia 24012 ' Miss ~{ona's School of Dance, c/o Mrs. Mona ~revrekian, 6742 Oleander Circle, N. W., Roanoke, Virginia 24019 ~4r. Hugh Fletcher, Jr., P. 0. ~o~ ,~008, Roanoke, Virginia 24014 Dominion Federal Savings & Loan Association, c/o Accounting Department, P. O. Box 9564, ~cCtean, Vir~i'nia -22102 Mr. & ,~rs. Calvin W. Powers, P. O. Bo~ 12068, Roanoke, Virginia 24022 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of October, 1988. No. 29326. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet Nos. 664, 665, and 666, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City. WHEREAS, application has been made to the Council of the City of Roanoke to have the hereinafter described property rezoned from LM, Light Manufacturing District, to C-2, General Commercial District; 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 October 10, 1988, at 7:30 p.m., after due and timely notice thereof as required by §36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to 'be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the hereinafter described property should be rezoaed 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, be amended in the following particular and no other: Property described as the following parcels of Towne Square (Nap Book 1, page 689): Parcel 2, Tax Nap No. 6640118; Parcel 3, Tax Nap No. 6650109; Parcel 4, Tax Nap No. 6660117; Parcel 5, Tax Nap No. 6640117; Parcel 10A, Tax Nap No. 6640119; portion of Parcel 10B, Tax Nap No. 6640116; portion of Parcel 11, Tax Nap No. 6660110; portion of Parcel 1R, Tax Nap No. 6650101; portion of Parcel 14, Tax NSp No. 6660101; Retention Basin, Tax Nap No. 6650103, be and is hereby rezoned from LN, Light Nanufacturing District, to C-R, General Commercial District, and that Sheet Nos. 664, 665, and 666 of the Zone Nap be changed in this respect. ATTEST: City Clerk. Roanoke City Planning Commission October 10, 1988 The Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request from Towne Square Joint Venture, LMR Land Company, L.P. and Wal-Mart Properties, Inc., that certain tracts of land lying on the north side of Hershberger Road, N.W., designated as Official Tax Nos. 6640118, 6660118, 6660117, 6640117, 6640119, and portions of Dfficial Tax Nos. 6640116, 6660110, 6650101, 6650103 and 6660101, be rezoned from LM, Light Manufacturing District, to C-2, General Commercial District. I. Background: Purpose of the rezoning is to amend zoning map to reflect the current and proposed commercial use of the property. Be Amended petition to rezone was filed on August 31, 1988. Petition is unconditional. II. Issues: Zonin~ is presently LM. Zoning to the north and west is LM. Zoning to the east and south is C-2. Shopping centers were a permitted use in the LM zone under the old zoning ordinance. The existing shopping center became nonconforming with the adoption of the new zoning ordinance in April, 1987. No further commercial development can occur on the subject properties under the LM zoning. In addition, improvements to the existing commercial structures would also be restricted. B. Land use of the site is currently commercial. Parcels 6640119 and 6640116 are the site of the existing Towne Square Shopping Center. Parcels 6640117 and 6640118 are undeveloped out- parcels. The northerly portion of parcels 6640101 and 6660110 along with parcels 6660117 and 6660118 are also currently undeveloped. C. Utilities are available. Room 355 Municipal Building 215 Church Avenue, SW. P.~:~noke, Virginia 24011 (708) 981-2344 Do Traffic is not an issue. Traffic would increase with future commercial development of parcels 6640117, 6640118, 6650101, 6660110, 6660117 and 6660118. Existing street configuration and future traffic volumes were evaluated as part of the subdivision review in 1986. Comprehensive Plan identifies the area as appropriate for potential future industry and recommends that the City's valuable industrial land be protected. The existing Towne Square Shopping Center was developed prior to adoption of the new zoning ordinance which does not permit commercial development in the City's industrial zoning districts. The value of the remaining undeveloped parcels for industrial development is diminished by the surrounding commercial development. Fo Planning staff recommended that the requested rezoning be approved. Planning Commission public hearing was held on September 21, 1988 and continued to October 5, 1988. Mrs. Maryellen Goodlatte presented the rezoning request noting that shopping centers were permitted in the LM zone under the previous zoning ordinance and that the requested C-2 zoning would be consistent with the existing commercial use of the property. No one spoke in opposition to the request. III. Alternatives: A. City Council approve the rezoning request. Zoning becomes C-2, General Commercial consistent with the existing commercial majority of the parcels. District, uses on a Land use of parcels 6640119 and 6640116 remains unchanged. Parcels 6640117, 6640118, 6650101, 6660110, 6660117, and 6660118 would become available for commercial development. 3. Utilities are available. Traffic would be unaffected. Existing streets should accommodate future traffic volumes. Comprehensive Plan would be followed to the extent that the requested C-2 zoning is consistent with existing commercial development on the subject properties and adjacent properties fronting on Hershberger Road. B. City Council deny the rezoning request. 1. Zoning remains LM. The existing commercial uses remain nonconforming. The remaining undeveloped parcels remain unavailable for commercial development. 2. Existing commercial land uses remain nonconforming. 3. Utilities would be unaffected. 4. Traffic would be unaffected. .Comprehensive Plan could still be followed to the extent that the remaining undeveloped parcels would remain available for industrial development. IV. Recommendation: By a vote of 6-0 (Mrs. Goode absent), the Planning Commission recommended approval of the requested rezoning. C-2 zoning would be consistent with the existing commercial development on the subject properties and the existing zoning pattern along Hershberger Road. Respectfully submitted, Michael M. Waldvogel, Chairman Roanoke City Planning Commission JRM:mpf attachments cc: Assistant City Attorney Director of Public Works City Engineer Building Commissioner/Zoning Administrator Petitioner VIRGINIA: BEFORE THE COUNCIL OF THE CITY OF ROANOKE Re: Rezoning of the following Parcels of Towne Square, (Map Book 1, Page 689): Parcel 2, Tax Map No. 6640118; Parcel 3, Tax Map No. 6650109; Parcel 4, Tax Map No. 6660117; Parcel 5, Tax Map No. 6640117; Parcel 10A, Tax Map No. 6640119; portion of Parcel 10B, Tax Map No. 6640116;) portion of Parcel 11, Tax Map No. 6660110; ) portion of Parcel 12, Tax Map No. 6650101; ) portion of Parcel 14, Tax Map No. 6660101; ) Retention Basin, Tax Map No. 6650103; ) from LM to C2 ) ~ENDED PETITION TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioners, Towne Square Joint Venture, a Tennessee joint venture, LMR Land Company, L.P. and Wal-Mart Properties, Inc. own land in the City of Roanoke more particularly described in the attached Exhibit A. Said tracts are currently zoned LM except that some of said tracts are zoned LM and C2 as disclosed on Exhibit A. A map of the property to be rezoned is attached as Exhibit B. Pursuant to' Article VII of Chapter 36.1-690, Code of the City of Roanoke (1979), as amended, Petitioners request that the said property be rezoned from LM District to C2 District for the purpose of conforming the zoning to the existing retail use. Petitioners believe that the rezoning of the said tracts of land will further the intent and purposes of the City,s zoning ordinance and its comprehensive plan and further file this application pursuant to a Land Subdividers Agreement dated December 9, 1986 between Towne Square ~oLnt Venture end the CLty of Roanoke Ln vh~ch the property vhLch ~s the subject of th~s petition vas required by the C~ty of Roanoke to be rezoned from LM to C2 ~n order to be co~pstLble vLth the proposed use. Attached as Exhibit C are the names, addresses and tax n'mhera of the owners of ell lots or property ~ned~ately adjacent to or ~mmed~ately across a street or road from the property to be rezoned. WHEREFORE, the Pet~tLoners request that the above- described tracts be rezoned as requested ~n accordance vith the prov~s~ons of the ZonLng Ordinance of the C~ty of Roanoke. Respectfully submitted, WAL-MART PROPERTIES, INC. LMRLANDCOMPANY, L.P. TOI~NE SQUARE JOINT VENTURE Robert Z. Glenn #eryellen F. Goodlette Glenn, F~LppL~, ~eldmsnn & Derby · . O. lox ~8l~ · oenoke, VLrgL~Le 24001 Counsel for PetLtioners Wal-Mart Properties, Inc. P. O. Box 116 BentonvLlle~ Arkansas 72716 LMR Land Company, L.P. 5556 N. olensvil%e Road Na shv~ 1 lo., ff~3essee 37211 5556 Nolensville Road Nash~/l!e, Tennessee 37211 Exhibit A Current Parcel No. Tax Map No. pwner Acreage , Zoning 2 6640118 TSJV .560 LM 3 6650109 TSJV .659 LM 4 6660117 TSJV .926 LM 5 6640117 TSJV .560 LM 10A 6640119 Wal-Mart 11.28 LM 10B 6640116 TSJV 23.62 LM/C2 11 6660110 TSJV 11.37 LM/C2 12 6650101 LMR Land 17.977 LM/C2 14 6660101 TSJV 3.430 LM/c2 Retention basin 6650103 LMR Land 4.66 LM/C2 LOCATION ONING ii Towne Square Roanoke, Virginia BD&E Development Corporation ]1 Or, ce of ~e City Cle~ October 3, 1988 Mr. & Mrs. Earl E. Powell 5080 Glenvar Heights Boulevard Salem, Virginia 24153 Dear Mr. & Mrs. Powell: The Council of the City of Roanoke will hold a public hearing in the Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W., to consider the following request: Request from Maryellen F. Goodlatte, Attorney, representing Towne Square Joint Venture, a Tennessee joint venture, LMR Land Company, L. P., and Wal-Mart Properties, Inc., that parcels of Towne Square (Map Book 1, page 689); Parcel 2, Official Tax No. 6640118; Parcel 3, Official Tax No. 6650109; Parcel 4, Official Tax No. 6660117; Parcel 5, Official Tax No. 6640117; Parcel IOA, Official Tax No. 6640119; a portion of Parcel 10B, Official Tax No. 6640116; a portion of Parcel 11, Official Tax No. 6660110; a portion of Parcel 12, Official Tax No. 6650101; a portion of Parcel 14, Official Tax No. 6660101; and Retention Basin, Official Tax No. 6650103, be rezoned from LM, &ight Manufacturing District, to C-2, General Commercial District. According to the City's records, you are the owner of property adjacent to the properties described above. If you would like to address Council concerning the proposed request, you are invited to attend the public hearing on Monday, October 10, 1988, at 7:30 p.m. If you have questions relative to the matter, please do not hesitate to call me. Sincerely, ~~ Mary F. Parker, CMC City Clerk MFP: ra The above letter was sent to each individual/organization as l~sted on the attached affidavit. (10-5-88) Room 456 Municipal Building 215 C~urch Avenue SW Roanoke 'V~rc~nio 24011 (703) 981-2541 Lb CI iY cF ~ubLic,~TiuN NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant to the provisions of Article VII of Chapter 36.1, Code of the City of Roanoke (1979), as amended, the Council of the City of Roanoke will hold a Public Hearing on Monday, October 10, 1988, at 7:S0 p.m., in the Council Chamber in the Municipal Building, 215 Church Avenue, S. W., on the question of rezoning from LM, Light Manufacturing District, to C-2, General Commercial District, the following property: The following parcels of Towne Square (Map Book 1, page 689): Parcel 2, Tax Map No. 6640118; Parcel S, Tax Map No. 6650109; Parcel 4, Tax Map No. 6660117; Parcel 5, Tax Map No. 6640117; Parcel 10A, Tax Map No. 6640119; portion of Parcel 10B, Tax Map No. 6640116; portion of Parcel 11, Tax Map No. 6660110; portion of Parcel 12, Tax Map No. 6650101; portion of Parcel 14, Tax Map No. 6660101; Retention Basin, Tax Map No. 6650103. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. All parties in interest may appear on the above date and be heard on the question. GIVEN under my hand this 21st day of September , 1988. Mary F. Parker, City Clerk Please publish in full twice, once on Friday, September 23, 1988, and once on Friday, September 30, 1988, in the Roanoke Times and World News, Morning Edition. Please send publisher's affidavit to: Ms. Mary F. Parker, City Clerk Room 456, Municipal Building Roanoke, Virginia 24011 Please bill to: Ms. Maryellen F. Goodlatte Attorney P. O. Box 2887 Roanoke, Virginia 24001 August 31, 1988 File #51 ar. Michael Il. WaldvogeI Chairman City Planning Co~nission Roanoke, Virginia Dear ~lr. 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 MaryeIIen F. Goodlatte, Attorney, representing Town e Square Joint Venture, a Tennessee joint venture, LMR Land Company, L.P., and WaI-~art Properties, Inc., requesting that certain parcels of Towne Square be rezoned from LM, Light '~anufacturing District, to C-2, General Commercial District. ,~ incere Iy, Mary F. Parker, CMC City Clerk MFP: ra pc: Ms. ,~,~aryellen F. Goodlatte, Attorney, p. O. ~o,~ Roanoae, Virginia 24001 ' Mr. John R. ~Iartles, Agent/Secretary, City Planning Commission Mr. RonaId ~. Miller, Zoning Administrator Mr'. William M. ~ackworth, Assistant City.Attorney 2887, Room 456 Muni¢i~cll Buildln9 215 Church Avenue SW Roanoke VYg,nia 24011 (703) 98t-2541 Office oft~eCi~yClerk 4ugust 18, 1988 Fi le #51 Cir. Michael ~i. Waldvogel Chairman City Planning Commission ROanoke, Virginia Dear ¥1r. WaIdvogeI: 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 MaryelIen F. Goodlatte, Attorney, representing Towne Square Joint Venture, a Tennessee joint venture, L~R Land Company, L.P. and Wal-qart Properties, Inc., 'equesting that certain parcels of Towne ~ , ,quare be rezoned from L~, Light ,~4anufacturing District to C-2, General Commercial District. · , Sincerely, Sandra [t. Eakin Deputy City Clerk SHE:fa pc: l~s. Maryellen F. ~3oodlatte, Attorney, p. 9. 8o?c Roanoke, Virginia 24001 ,~dr. John R. Marl les, Agent/Secretary, City Planning Cor~ni ss ion .~Jr. Ronald H. .,~,!i I Ier, Zoning Administrator ,'~lr. William M. Uackworth, Assistant City Attorney 2~87, Room 456 Munt¢i~l Building 215 C~urch Avenue, S.W. Roor'~:;~e, Virginia 24011 (703) 981-2541 VIRGINIA: BEFORE THE COUNCIL OF THE CITY OF ROANOKE Re: Rezoning of the following Parcels of Towne Square, (Map Book 1, Page 689): Parcel 2, Tax Map No. 6640188; Parcel 3, Tax Map No. 6650109; Parcel 4, Tax Map No. 6660117; Parcel 5, Tax Map No. 6640117; Parcel 10A, Tax Map No. 6640119; Parcel 10B, Tax Map No. 6640116; Parcel 11, Tax Map No. 6660110; Parcel 12, Tax Map No. 6650101; Parcel 14, Tax Map No. 6660101; from LM to C2 PETITION TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioners, Towne Square Joint Venture, a Tennessee joint venture, LMR Land Company, L.P. and Wal-Mart Properties, Inc. own land in the City of Roanoke more particularly described in the attached Exhibit A. Said tracts are currently zoned LM except that some of said tracts are zoned LM and C2 as disclosed on Exhibit A. A map of the property to be rezoned is attached as Exhibit B. Pursuant to Article VII of Chapter 36.1-690, Code of the City of Roanoke (1979), as amended, Petitioners request that the said property be rezoned from LM District to C2 District for the purpose of conforming the zoning to the existing retail use. Petitioners believe that the rezoning of the said tracts of land will further the intent and purposes of the City's zoning ordinance and its comprehensive plan and further file this application pursuant to a Land Subdividers Agreement dated December 9, 1986 between Towns Square Joint Venture and the City of Roanoke in which the property which is the subject of this petition was required by the City of Roanoke to be rezoned from LM to C2 in order to be compatible with the proposed use. 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 Petitioners request that the above- described tracts be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted, WAL-MART PROPERTIES, INC. LMRLAND COMPANY, L.P. TOWNE SQUARE JOINT VENTURE d of Counsel Robert ~. ~lenn Maryellan F. Goodlatte ~lenn~ Flippin, F®ldnsnn & Darby Roanoke, Virginia 24001 Counsel for Petitioners Wal-Mart Properties, lac. P. O. Box 116 Bentonvllle~ Arkansas 72716 Exhibit A Parcel No. Tax Map No. Owner 2 6640118 TSJV 3 6650109 TSJV 4 6660117 TSJV 5 6640117 TSJV 10A 6640119 Wal-Mart 10B 6640116 TSJV 11 6660110 TSJV 12 6650101 LMR Land 14 6660101 TSJV Retention basin 6650103 LMR Land Acreage .560 .659 .926 .560 11.28 23.62 11.37 17.977 3.430 4.66 Current Zoning LM LM LM LM LM LM/C2 LM/C2 LM/C2 LM/C2 LM/C2 EXHIBIT B Exhibit C PROPERTY OWNERS Tax Map Number Name and Address 2271011 2271012 2271013 2271014 2270226 6590101 6640102 6640105 6640106 6640111 6640112 Earl E. & Melba C. Powell 5080 Glenvar Heights Boulevard Salem, Virginia 24153 Paul G. & Gracie S. Fry 1638 Hershberger Road, N. W. Roanoke, Virginia 24012 Miss Mona's School of Dance 1644 Hershberger Road, N. W. Roanoke, Virginia 24012 Hugh Fletcher, Jr. P. O. Box 8008 Roanoke, Virginia 24014 Dominion Federal Savings & Loan Association Hershberger Road, N. W. Roanoke Virginia 24012 Roanoke Regional Airport Commission Aviation Drive, N. W. Roanoke Virginia 24012 Calvin W. & Mary C. Powers P. O. Box 12068 Roanoke Virginia 24022 City of Roanoke 5568 Municipal Road, N. W. Roanoke, Virginia 24012 Sidney A. & Ann L. Weinstein 3541 Peakwood Drive, S. W. Roanoke Virginia 24014 Thermertis H. Wade 5330 Airport Road, Roanoke Virginia No W. 24012 Sidney's, Inc. P. O. Box 2740 Roanoke Virginia 24001 6640113 6640115 6650104 6660103 6660104 6660105 6660108 6660112 6660114 (Roanoke County Nos.) 38.14-1-6 38.14-1-7 38.14-1-8 38.14-1-9 38.14-1-10 38.14-1-11 Same as 6640112 Same as 6590101 Same as 6590101 Zane May Operating Partners, 750 N. St Paul Street Suite 1110 Dallas, Texas 75201 LP Same as 6660103 Same as 6660103 Tanglewood Mall, Inc. c/o Allred Investment Company P. O. Box 25048 Winston-Salem, North Carolina 27114 Same as 6660103 Sovran Bank, N. A. 5234 Airport Road, N. W. Roanoke, Virginia 24012 C & P Telephone Company 5415 Airport Road, N. W. Roanoke, Virginia 24012 Myrtle V. Turner 6850 Trevilian Road, N. E. Roanoke, Virginia 24019 Stella C. Goode 5315 Airport Road, N. W. Roanboke, Virginia 24012 Homer Guy Moyers 5309 Airport Road, N. W. Roanoke, Virginia 24019 James C. & Jane Clifton 5305 Airport Road, N. W. Roanoke, Virginia 24012 Vertie A. Heptinstall 5303 Airport Road, N. E. Roanoke, Virginia 24012 GLENN, FLIPPIN, FELDMANN ~ DARBY ROANOKE~ VIRGINIA 24001 (703) 344-3000 August 17, 1988 HAND DELIVERED Mrs. Mary F. Parker City Clerk City of Roanoke Roanoke, Virginia Re: Towne Square Joint Venture Dear Mrs. Parker: Enclosed please find the following in connection with the above-referenced rezoning: An original and one copy of a petition for rezoning; 2. Concept plan; 3. Map of the area requested for rezoning; and This firm's check payable to the "City of Roanoke" for the filing fees. (have check in blank amount) Per my conversations with John Marrles, I understand that the Planning Commission will review this petition at its September 7 meeting. Thank you for your assistance. Very truly yours, Maryellen F. Goodlatte MFG:jry:1232004 Enclosures cc: Towne Square Joint Venture w/enc. TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE REZONING REQUES%O~F: Request from Towne Square Joint Venture, LMR Land Company, L. P. ) and Wal-Mart Properties, Inc., that certain tracts of land lying ) on the north side of Hershberger Road, N.W., designated as )AFFIDAVIT official tax nos. 6640118, 6660118, 6660117, 6640117, 6640119, ) and portions of official tax nos. 6640116, 6660110, 6650101 ) 6650103, and 6660101, be rezoned from LM, Light ) Manufacturing ) District to C-2, General Commercial District. ) COMMONWEALTH OF VIRGINIA ) ) CITY OF ROANOKE ) 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 12th day of September, 1988, notices of a public hearing to be held on the 21st day of September, 1988, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: PARCEL 2271011 2271012 2271013 2271014 2270226 6640102 6640106 6640111 6640112 6640113 6660103 6660104 6660105 6660112 OWNER, AGENT OR OCCUPANT Earl E. & Melba C. Powell Paul G. & Gracie S. Fry Miss Mona's School of Dance c/o Mrs.Mona Gervrekian Hugh Fletcher, Jr. Dominion Federal Savings & Loan Association c/o Accounting Department Calvin W. and Mary C. Powers Sidney A. and Ann L. Weinstein Thermertis H. Wade Sidney's Inc. Zane May Operating Partners, LP c/o David G. Hacker ADDRESS 5080 Glenvar Heights Blvd Salem, VA 24153 1638 Hershberger Road, NW Roanoke, VA 24012 6742 Oleander Circle, NW Roanoke, VA 24019 P. O. Box 8008 Roanoke, VA 24014 P. O. Box 9564 McClean, VA 22102 P. O. Box 12068 Roanoke, VA 24022 3541 Peakwood Drive, SW Roanoke, VA 24014 5330 Airport Road, NW Roanoke, VA 24012 P. O. Box 2740 Roanoke, VA 24001 750 N. St. Paul Street Suite 1110 Dallas, Texas 75201 6660108 Tanglewood Mall, Inc. P.O. Box 25048 c/o Allred Investment Co. Winston Salem, NC 27114 6660114 Sovran Bank, N.A. P.O. Box 13687 Roanoke, VA 24036 County C & P Telephone Co. 5415 Airport Road, NW Roanoke, VA 24012 County Myrtle V. Turner 6850 Treviltan Road, NE Roanoke, VA 24019 County Stella C. Goode 5315 Airport Road, NW Roanoke, VA 24012 County Homer G. Moyers 5309 Airport Road, NW Roanoke, VA 24019 County James C. & Jane Clifton 5305 Airport Road, NW Roanoke, VA 24019 County Vertie A. Heptinstall 5303 Airport Road, NW Roanoke, VA 24012 Marth~ ?. ~Franklin SUBSCRIBED AND SWORN before, a Notary Public, in the City of Roanoke, Virginia, this 12th day of September, 1988. Notary Public My Commission Expires: TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA~ PERTAINING TO THE REZONING REQUEST OF: .~ ,~i ~ ~1 Request from Towne Square Joint Venture, LMR Land Company, L. P. ) and Wal-Mart Properties, Inc., that certain tracts of land lying ) on the north side of Hershberger Road, N.W., designated as )AFFIDAVIT official tax nos. 6640118, 6660118, 6660117, 6640117, 6640119, ) and portions of official tax nos. 6640116, 6660110, 6650101 ) 6650103, and 6660101, be rezoned from LM, Light ) Manufacturing ) District to C-2, General Commercial District. ) 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 26th day of September, 1988, notices of a public hearing to be held on the 5th day of October, 1988, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: PARCEL 2271011 2271012 2271013 2271014 2270226 6640~02 6640106 6640111 6640112 6640113 6660103 6660104 6660105 6660112 6660108 OWNER, AGENT OR OCCUPANT Earl E. & Melba C. Powell Paul G. & Gracie S. Fry Miss Mona's School of Dance c/o Mfs.Mona Gervrekian Hugh Fletcher, Jr. Dominion Federal Savings & Loan Association c/o Accounting Department Calvin W. and Mary C. Powers Sidney A. and Ann L. Weinstein Thermertis H. Wade Sidney's Inc. Zane May Operating Partners, LP c/o David G. Hacker ADDRESS 5080 Glenvar Heights Blvd Salem, VA 24153 1638 Hershberger Road, NW Roanoke, VA 24012 6742 Oleander Circle, NW Roanoke, VA 24019 P. O. Box 8008 Roanoke, VA 24014 P. O. Box 9564 McClean, VA 22102 P. O. Box 12068 Roanoke, VA 24022 3541 Peakwood Drive, SW Roanoke, VA 24014 5330 Airport Road, NW Roanoke, VA 24012 P. O. Box 2740 Roanoke, VA 24001 750 N. St. Paul Street Suite 1110 Dallas, Texas 75201 Tanglewood Mall, Inc. P.O. Box 25048 c/o Allred Investment Co. Winston Salem, NC 27114 6660114 County County County County County County Sovran Bank, N.A. C & P Telephone Co. Myrtle V. Turner Stella C. Goode Homer G. Moyers James C. & Jane Clifton Vertie A. Heptinstall P. O. Box 13687 Roanoke, VA 24036 5415 Airport Road, NW Roanoke, VA 24012 6850 Trevillan Road, NE Roanoke, VA 24019 5315 Airport Road, NW Roanoke, VA 24012 5309 Airport Road, NW Roanoke, VA 24019 5305 Airport Road, NW Roanoke, VA 24019 5303 Airport Road, NW Roanoke, VA 24012 Martha P. Franklin SUBSCRIBED AND SWORN before, a Notary Public, in the City of Roanoke, Virginia, this 26th day of September, 1988. My Comission Expires: Notary Publ{c C~ce o~ the City Clerk October 19, 1988 File #252 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear ~r. Herbert: I an attaching copy of Ordinance No. 29327, vacating a portion of a recorded subdivision, Parcel 2, Roanoke Centre for Industry and Technology (Map Book 1, Page 711), pursuant to Section 15ol-428 (b) of the Code of Virginia (1950), as amended, and authorized by Ordinance No. 29048, which Ordinance No. 29327 was adopted by the Council of the City of ~oanoke on first reading on Monday, October 10, 1988, also adopted by the Council on second reading on Monday, October 17, 1988, and wilt take effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC City Clerk MFP: ra pc: Mr. William Johnson, Plant Manager, Vitramon, Inc., P. O. Box 11786, Roanoke, Virginia 24022 Mr. Wil~urn C. Dibling, .Ir., City Attorney Mr. Von Wo Moody, III, Director of Real ~state Valuation ~r. Michael M. Waldvogel, Chairman, City Planning Co~nission ~r. L. Elwood Norris, Chairman, Board of Zoning Appeals Mr, William F. Clark, Director of Public Works Mr. Kit ~o Kiser, Director of Utilities and Operations ~tr. Charles ~t. Huffine, City Engineer Mr. Ronald H. Miller, Building Commissioner and Zoning Administrator Mr. John R. Marlles, ~gent/Secretary, City Planning Commission Ms. Doris Layne, Office of Real Estate Valuation IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of October, 1988. No. ~9327. AN ORDINANCE permanently, vacating, discontinuing and closing a portion of certain public right-of-way in the City of Roanoke, Virginia, as is more particularly described hereinafter. WHEREAS, City of Roanoke has filed an application to the Council of the City of Roanoke, Virginia, in accordance with the provisions of §15.1-428(b), Code of Virginia (1950), as amended, requesting the Council to permanently vacate, discontinue and close a portion of the public right-of-way described hereinafter; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §15.1-482(b), Code of Virginia (1950), as amended, and after having conducted a pub- lic hearing on the matter, has made its recommendation to Council. WHEREAS, a public hearing was held on said application by the City Council on October 10, 1988, at 7:30 p.m., after due and timely notice thereof as required by §15.1-582(b), Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on said application; and WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing said public right-of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roa- noke, Virginia, that that public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: An area located within the existing right-of-way of Chip Drive, N. E., being located south and west of the exist- ing northern and western right-of-way line at the termi- nus of Chip Drive, N. E., as shown in ~ap Book 1, page 711, of the records of the Clerk's Office of the Cir- cuit Court of the City of Roanoke, Virginia, and being more particularly described as follows: Beginning at an iron pin corner designated as Corner #15 on the plat for Roanoke Centre for Industry and Technology as recorded in the aforesaid ~ap Book. Thence with the curve right with a central angle of 19" 13' 51" and a radius of 377.4' 5.10' to a point on the right-of-way line of Chip Drive; thence, S. 42' 05' 14" W. 74.09' to a corner of the right-of-way of Chip Drive; thence S. 47" 54' 46" E. 170.35, to a cor- ner of the right-of-way of Chip Drive; thence N. 42' 05' 14" E. 45.00' to a point on the right-of-line of Chip Drive; thence 47" 54' 46" W. 15.35' to the Point of Curvature of a 25.00' radius curve to the left; thence, with the curve with an arc of 23.83', a central angle of 54" 37' 24", and a chord of N. 75' 13' 28" W. 22.94' to the Point of Curvature of a 70.00' radius curve to the right; thence, with the curve with an arc of 176.69', a central angle of 144' 37' 24", and a chord of N. 30' 13' 28" W. 133.38' to the Point of Tangency, also the Point of Beginning of this description, and containing 0.177 acre more or less, as more particularly shown on the revised plat, a copy of which is attached to the City's application. be, and it hereby is, permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as the Council of the City of Roanoke is empowered so to do, reserving however, to the City of Roanoke.an easement for sewer lines and water mains and other public utilities that may now be located in or across said public right-of-way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structures or any other encroachments on or over the easement which impede access for maintenance or replace- ment purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above-described public right-of-way of any such municipal installation or utility by the owner thereof. BE IT FURTHER ORDAINED that the City Engineer be, and he is, directed to mark "permanently vacated" on said public right- of-way on all maps and plats on file in his office on which said right-of-way is shown, referring to the book and page or ordinan- ces and resolutions of the Council of the City of Roanoke, Virginia, wherein this ordinance shall be spread. BE IT FURTHER ORDAINED that the Clerk of the Council deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation in the Deed Books of said Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of Vitramon, Inc., and the names of any other parties in interest who may so request, as Grantees. ATTEST: City Clerk. Roanoke City Planning Commission October 10, 1988 The Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request of W. Robert Herbert, City Manager, to vacate a portion of a recorded subdivision, Parcel 2, Roanoke Centre for Industry and Technology (Map Book 1, Page 711) pursuant to Section 15.1-482(b) of the Code of the State of Virginia (1950), as amended, and as authorized by ordinance no. 29048. I. Background: City of Roanoke, on March 8, 1988, subdivided a 24.035 acre tract of land situated adjacent to Blue Hills Drive, N.E., which is located within the industrial park of the Centre for Industry and Technology. Subdivision of the land was necessitated by the need to dedicate, provide and construct a public street access to the subdivided land and to facilitate the pending conveyance by the City of a certain portion of the subject land to Vitramon, Inc., for industrial use. Engineering firm employed by the City to prepare the above-cited plat designed the proposed new street (Chip Drive, N.E.) right-of-way with an oversized square-shaped terminus or cul-de-sac. Agent to the Planning Commission in reviewing the plat requested that the street terminus be redesigned to the standard circular cul-de-sac and that a curve radius be provided to facilitate future extension of the street to the northeast of the proposed terminus. mo Engineering firm was concerned that the requested changes would delay the recording of the plat and the conveyance of the property as scheduled. Engineering firm stated that it would redesign the subject cul-de-sac at a later date if it was found to be necessary. Poom 355 Municipal Building 215 Church Avenue, S.W. f~onoke, Virginia 24011 (703) 981-2344 Subdivision plat was approved by the Agent and the City Engineer and thereafter recorded in the office of the Clerk of Circuit Court in Map Book 1, page 711 (see attached copy). II. Current Situation: Vitramon, Inc., subsequently, submitted a plan of development (site plan) for the property it proposed to acquire, as situated adjacent to the proposed street. Distance between the proposed Vttramon building as designed and shown on the submitted plan and the westerly right-of-way boundary of the previously dedicated square-shaped cul-de-sac of Chip Drive, N.E., was only forty (40) feet. Covenants and restrictions of the subdivision, Centre for Industry and Technology, require that ail buildings or structures be located at a setback distance of seventy-five (75) feet from the right-of-way of primary roads within the Centre. City Council, by Ord. No. 29048, dated April 4, 1988, granted to Vitramon, Incorporated, a temporary waiver of the restrictive setback covenant (see attached ordinance). Waiver was granted in conjunction with the written approval of the required percentage of the existing owners of developed lots within the Centre for Industry and Technology. Ordinance No. 29048 also authorized the City Manager to file a petition to vacate the unneeded portion of Chip Drive, N.E., to ensure that the required and necessary setback distance between the Vitramon building and the primary road were properly established. Vacation of a portion of the previously recorded plat (Map Book 1, Page 711) and dedication by Vitramon, Inc., of a small land strip, as shown on the attached copy of the new and revised plat, will adequately provide for the required setback distance between the building and the street right-of-way. It will also provide for future extension of the street to the northeast. Planning Commission reviewed the requested vacation at its regular meeting of September 7, 1988. III. Issues: Comunity (industrial) impact: Vacation of a portion of the street right-of-way will eliminate the need for a building setback waiver. Precedent of allowing development violations would not be in the best interest of the land owners within the industrial park. Traffic impact: Vacation of the portion of Chip Drive, N.E., would have no impact on traffic or traffic needs. Utilities within the right-of-way: There are no public or private utilities located within the area requested for vacation. Creation of a dead-end street: Vacation will not create a dead-end street. Relationship to the Comprehensive Plmn: Comprehensive Plan requires that land be developed in an orderly manner: Vacation will provide a proper setback distance between building and street, as required for the orderly spacing and development of buildings and streets within the industrial park. Cul-de-sac as redesigned by vacation and dedication as shown on the attached revised plat will provide for the future and orderly extension of the subject street to the northeast. IV. Recommendation: The Planning Commission, by a vote of 6-0 (Mr. Bradshaw absent) recommended that the City Manager's request to vacate the subject portions of the subdivision plat recorded in Map Book 1, Page 711, be approved as requested, pursuant to Section 15.1-482(b) of the Code of the State of Virginia, 1950, as amended. Respectfully submitted, Michael M. Waldvogel, Chairman Roanoke City Planning Commission JRM:ERT:mpf attachments cc: Assistant City Attorney Director of Public Works City Engineer Building Commissioner/Zoning Administrator IN THE COUNCIL OF THE CITY OF ROANOKE. VIRGINIA Application of the City of Roanoke, by W. Robert ) Application to Herbert, City Manager, a· authorized by Ordinance) vacate a portion No. 29048, to vacate a portion of a certain sub- ) the plat of subdivi- division plat, pursuant to $·ction 15.1-482(b) of) sion of Parcel 2A. the Code of the Commonwealth of Virginia (i9f0),) Roanoke Centre for as amended. ) Industry & TechnoloRy Members of Council: AC the request of Vitranon, Inc., the City of Raanoke uake· application herein to vacate a portion of a previously recorded plat of subdivision, Parcel 2A, Roanoke Centre for Indu·try a~d TechnoloKy (RCIT), as recorded in Hap Rook l, page 711, in the Office of the ~lerk of Circuit Court in the City of Roanoke. Virginia, a· authorized by City Council si April I, 1988, by Ordinance No. 29048 (attached). ~herum. the City of Roanoke a· the sole o~uer of a certain Il. 305 ·cra parcel si land did subdivide and record · plat of reeubdivision of Parcel 2 of the RCIT on Hatch 8, 1988. establi·hing thereon a certain Parcel 2A (22.307 acre) and by dedication i pvblic ·treat right-of-way (1.728 ecru), identified thereon &· Chip Drive, N.E. (copy attached) ~herea· the Ci~7 of Roanoke did sub·equently on Hatch 9, 1988. convey said Parcel 2A to Vicrunon Incorpora:ed for the purpose of thereon a certain building. ~hereae · determination hi· been uada by the City Eniineer and the to the Pl·nnin~ Couni··ion that the exietinS setback distance between the location of the Vitrenou building and the public right-of-way of Chip Drive, N.E., of forty feet, ia in·ufficienC co meac the building setback requirement· (?$') an sec forth in the covenants and restrictions of the Centre for Indu·cry and Technology (Ord. No. 29018 tuporurily waived the deed ree~ricciou). Therefore, the applicant respectfully applies ~o vacate · certain portion of the above-mncionnd plat, said per,ion bean8 more peE~lculerl2 described as the ~ollo~inS: An area located vi,chin the aniacin~ right-of-ray of Chip Drive, H. being located ·ouch and we~C of the aniacin~ northern and veoCerm right-of-way line &t the Ca.Lieu· of Chip Drive, N.R., aa shove in Nap Book 1, page 711, of the records of the Clerk's Office of the Circui~ Court of ~he City of Roanoke, Virginia, and beins more particularly described ·8 follows: Bo$innin~ aC an iron pin corner designated as corner #15 on the plat for Roanoke Centre for Industry and Technology as recorded in the aforueaid Hap Bank. Thence, with the curve right with a central angle of 19' 13'51" and a radius of 377.4' 5.10' Co a point on the right-of-way line of Chip Drive; thence, S 42° 05* 14" ~ 74.09' Co · cozner of the right-of-way of Chip Drive; thence, S 47° 54' 46" E 170.35' to a corner of the right-of-way of Chip Drive; thence, N 42° 05' 14" E 45.00' co a point on the risht-of-way line of Chip Drive; thence, 4?° 54' 46" ~ 15.35' to the Point of Curvature of a 25.00' radius curve to the left; thence, with the curve with an arc of 23.83', a central angle of 54° 37' 24", and a chord of N 75° 13' 28" W 22.94' to the Point of Curvature of a 70.00' radius curve Co the right; chance, with the curve with an arc of 176.69', a central angle of 144° 37' 24", and a chord of N 30° 13' 28" W 133.38' to the Point of Tangency, also the Point of Beginning of chis description, and containing 0.177 acres more or less, as more particularly shown on the plat, a copy of which is attached to this application. The applicant's Srounds for this application are as follows: (1) The City of Roanok~ and Vitr~mou Incorporated are the current owners of all the land as previously shown, subdivided and recorded on the plat identified ae Map Book 1, p&gS 711. (2) Vitra~on ~ncorporated and the City of Roanok~ are both in that the vacation of the subject portion of the above plat wnuld be in the beet interest of both parties. (3) The portion of the plat that the applicant desires to vacate vas created by error and ie not required or needed ~or the public right-of-way purpoeee of Chip Drive, N.E. (4) The City of Roanoke hae caused to be m~de · new and revised plat of the subject subdivieton, which if authorized by City Council, will be recorded, thereby establiehiq the proper setback distance between the ¥itr~on buildini and the public right-of-way of Chip Dri{a, {~) ¥1tra~on, Inc., has agreed to dedicate on this new and revi~ad plat an additional area of its property sufficient in size and location to eetablish a proper curve radius to provide for future extension of Chip Drive, ~herefore the applicant respectfully requests in accordance vith Section 1~,1-182(b) of ~he Coda of the CmmouveelCh of Virginia 1950) es emndad, chec the portion of ch eubJecc phc is described herein be peru~eutly vacated. Respect fully submitted, ~. Rohert ~rherc, City Manager ERT:mpf IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of April, 1988. No. 29048. A RESOLUTION ErantinE Vitramon, Incorporated, a temporary waiver of a setback requirement for development in the Roanoke Centre for Induetry and Technology, and authorizing the ~illng of a petition to vacate a portion of Chip Drive, N. E. gE IT FURTHER RESOLVED by the Council of the City of Roanoke that: 1. The owners or leseees fro~ the City of ~ore than fifty per- cent (50~), in area of the developed lots within the Roanoke Centre for Industry and Technology concurring, ae required by the restrictive covenante for the Centre, the City hereby grants Vltr~on, Incorporated, owner of Parcel 2A within the Centre, a ~emporary ~aiver of the require- ment that no building or structure in the Centre be erected nearer than seventy-five (75) feet fro~ the right-of-way way of a primary road in the Cen~er, ~n order tha~ V~tr~on my co~nce construction of a bu~ld~ng w~thin forty (40) feet of ~he r~ght-of-eay of ~p Drive, N. E. 2. The C~ty ~na~e~ ~n hereby authorized ~o f~le ~ Pe~ion ~nd ~o co~nce t~e p~ocenn of havin~ an unneeded ~rt~on o~ Ch~p Dr~ve, N. E., vac~ am to enmure tha~ the buildin~ to ~ constructed by Vl~r~on ~n the Centre ~ seventy-five (75) feet from Chip Drive, N. E. ATTEET: City Clerk. ROANOK LOCA'FION Original plat (MB.l, Page 711) showing oversized, New revised plat to ' ~. recorded, showing portion of original plat to be vacated, and dedication of area for curve radius for future street extension. Jl.ij 1 i ~ i!.' ~ , ~ - ", ;',; ~'1 ',,_ :./J ~ ...- -... illiiiiiiiiii]~[[ SIZED mtA¥ · Area Requested For Vacation, TAX NO TAX NO 724-01-02 AROERSO# wA~HF DO,J/HAT [ I l ~ ~,l~l ,e PARCEL ~ ANO ~ITH THE'CERTIFICATE OF DE0[~AT[~ ~N9 ACKkO~EDOE~NT ROANOKE FOR STRE , ooo..o,E. Map A CAP/IQ# PROPERTv IS NOT ~.OCA',c'~. ~ I oARCEL IA c[r- or ROANOKE TAX NO /24-0~-0T Area Being Dedicated To The City I)1: 01)05 1.1) $ T I:t I-'F. T (; I. 0 $ U I) 0 I) () I,.' $ T T ._' ¢; I, ¢) $ iJ It Po~LICAllC~ ~'] iUR io PouL£3n~K b~ THc Mu~i~o~ TIMEb ~ nbkLU-~S, A ~AiLY i~n~PAPcR UW TP!L FuLL~*,i;~u dais5 NOTICE OF PUBLIC HEARING TO WHOM IT NAY CONCERN: The Council of the City of Roanoke will hold a Public Hearing on Monday, October 10, 7:30 p.m. or as soon thereafter as the matter may be heard, in the Council Chamber in the Municipal Building, 215 Church Avenue, S. W., on an application to permanently aban- don, vacate, discontinue and close the following public right-of- way pursuant to the provisions of $15.1-482(b), Code of Virginia (1950), as amended: An area located within the existing right-of-way of Chip Drive, N. E., being located south and west of the exist- ing northern and western right-of-way line at the termi- nus of Chip Drive, N. E., as shown in Map Book 1, page 711, of the records of the Clerk's Office of the Cir- cuit Court of the City of Roanoke, Virginia, and being more particularly described as follows: Beginning at an iron pin corner designated as Corner #15 on the plat for Roanoke Centre for Industry and Technology as recorded in the aforesaid Map Book. Thence with the curve right with a central angle of 19" 13' 51" and a radius of 377.4' 5.10' to a point on the right-of-way line of Chip Drive; thence, S. 05' 14" W. 74.09' to a corner of the right-of-way of Chip Drive; thence S. 47" 54' 46" E. 170.35' to a cor- ner of the right-of-way of Chip Drive; thence N. 05' 14" E. 45.00' to a point on the right-of-line of Chip Drive; thence 47" 54' 48" W. 15.35' to the Point of Curvature of a 25.00' radius curve to the left; thence, with the curve with an arc of 23.83', a central angle of 54' 37' 24", and a chord of N. 75" 13' 28" W. 22.94' to the Point of Curvature of a 70.00' radius curve to the right; thence, with the curve with an arc of 178.69', a central angle of 144" 37' 24", and a chord of N. 30" 13' 28" W. 133.38' to the Point of Tangency, also the Point of Beginning of this description, and containing 0.177 acre more or less, as more particularly shown on the revised plat, a copy of which is attached to the City's application. 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 September , 19 88 Mary F. Parker, City Clerk Please publish in full twice, once on Friday, September 23, 1988, and once on Friday, September 30, 1988, in the Roanoke Times and World News, Morning Edition. 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 Office c~ the City Cled~ September 22, File #514 1988 Mr. W. Robert Herbert City ~ianager Roanoke, Virginia Dear Mr. Herbert: [ am enclosing copy of a report of the City Planning Corr~ission recor~nending that the Council of the City of Roanoke grant the request of the City of Roanoke to vacate a portion of a recorded subdivision, Parcel 2, Roanoke Centre for Industry and Technology (Map Book 1, Page 711) pursuant to Section 15.1-482 (b) of the Code of the State of Virginia (1950), as amended, and as authorized by Ordinance No. 29048. 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, October 10, 1988, at 7:30 p.m., in the Council Chamber, fourth floor of the Municipal Building. ~or your information, I am also enclosing copy of a notice of the public hearing and an Ordinance providing for the vacation, which notice and Ordinance were prepared by the City Attorney's Office. Please review the Ordinance and if you have any questions, you may contact Mr. William Il. Hackworth, Assistant City Attorney, at 981-2431. Questions with regard to the Planning Commission report should be directed to ~ir. John R. Marlles, Chief of Community Planning, at 981-2344. Sincerely, City Cler'k MFp: ra Enco Mr. W. Robert Herbert Page 2 September 22, 1988 pc: Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Von W. Moody, [II, Director of Real Estate Valuation Mr. Michael M. WaZdvogel, Chairman, City Planning Corrgnission Mr. Lo Elwood Norris, Chairman, Board of Zoning Appeal. s Mr. WiZliam F. Clark, Director of Public Works Mr. Kit B. Kiser, Director of Utilities and Operations Mr. William M. Hackworth, Assistant City Attorney Mr. Charles M. Huffine, City Engineer Mr. Ronald H. Miller, Building Commissioner and Zoning Administrator Mr. John R. Marlles, Agent/Secretary, City Corr~nission Ms. Doris Layne, Office of Reai Estate Valuation Mr. Jerome S. Howard, .Ir., Commissioner of Revenue Planning Office of the City Cler~ August l~, 1988 File #514 Mr. Michael M. Waldvogel Chairman City Planning Commissii)n Roanoke, Virginia Dear Mr. Waldvogel: Pursuant to Section 31-39 of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of an application from W. Robert Herbert, City Manager, representing the City of Roanoke, requesting the vacation of a portion of the Plat of Subdivision of Parcel 2A, Roanoke Centre for Industry and Technology. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:fa Mr. W. Robert Herbert, City ~anager Mr. John R. ~arIIes, Agent/Secretary, City Planning Commission Mr. RonaId H. ~iller, Zoning Administrator Mr. William ~I. Hackworth, Assistant City Att~)rney Room 456 Municipal Building 215 O~urch Avenue, $.W. Roanoke, Virginia 2401 t (703) 981-254.1 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Application of the City of Roanoke, by W. Robert ) Application to Herbert, City Manager, as authorized by Ordinance) vacate a portion of No. 29048, to vacate a portion of a certain sub- ) the plat of subdivi- division plat, pursuant to Section 15.1-482(b) of) sion of Parcel 2A, the Code of the Commonwealth of Virginia (1950),) Roanoke Centre for as amended. ) Industry & Technology Members of Council: At the request of Vitramon, Inc., the City of Roanoke makes applicatio~ here'~n to vacate a portion of a previously recorded plat of subd±v'ision, !~, Parcel 2A, Roanoke Centre for Industry and Technology (RCIT), as recorded in Map Book 1, page 711, in the Office of the Clerk of Circuit Court in the ~ity of Roanoke, Virginia, as authorized by City Council on April 4, 1988, by Ordinance No. 29048 (attached). Whereas the City of Roanoke as the sole owner of a certain 24.305 acre parcel of land did subdivide and record a plat of resubdivision of Parcel 2 of the RCIT on March 8, 1988, establishing thereon a certain Parcel 2A (22.307 acre) and by dedication a public street right-of-way (1.728 acre), identified thereon as Chip Drive, N.E. (copy attached) Whereas the City of Roanoke did subsequently on March 9, 1988, convey said Parcel 2A to Vitramon Incorporated for the purpose of constructing thereon a certain building. Whereas a determination has been made by the City Engineer and the Agent to the Planning Commission that the existing setback distance between the location of the Vitramon building and the public right-of-way of Chip Drive, N.E., of forty feet, is insufficient to meet the building setback requirements (75') as set forth in the covenants and restrictions of the Centre for Industry and Technology (Ord. No. 29048 temporarily waived the deed restriction). Therefore, the applicant respectfully applies to vacate a certain portion of the above-mentioned plat, said portion being more particularly described as the following: An area located within the existing right-of-way of Chip Drive, N.E., being located south and west of the existing northern and western right-of-way line at the terminus of Chip Drive, N.E., as shown in Map Book 1, page 711, of the records of the Clerk's Office of the Circuit Court of the City of Roanoke, Virginia, and being more particularly described as follows: Beginning at an iron pin corner designated as corner #15 on the plat for Roanoke Centre for Industry and Technology as recorded in the aforesaid Map Book. Thence, with the curve right with a central angle of 19° 13'51" and a radius of 377.4' 5.10' to a point on the right-of-way line of Chip Drive; thence, S 42° 05' 14" W 74.09' to a corner of the right-of-way of Chip Drive; thence, S 47° 54' 46" E 170.35' to a corner of the right-of-way of Chip Drive; thence, N 42° 05' 14" E 45.00' to a point on the right-of-way line of Chip Drive; thence, 47° 54' 46" W 15.35' to the Point of Curvature of a 25.00' radius curve to the left; thence, with the curve with an arc of 23.83', a central angle of 54° 37' 24", and a chord of N 75° 13' 28" W 22.94' to the Point of Curvature of a 70.00' radius curve to the right; thence, with the curve with an arc of 176.69', a central angle of 144° 37' 24", and a chord of N 30° 13' 28" W 133.38' to the Point of Tangency, also the Point of Beginning of this description, and containing 0.177 acres more or less, as more particularly shown on the plat, a copy of which is attached to this application. The applicant's grounds for this application are as follows: (1) The City of Roanoke and Vitramon Incorporated are the current owners of all the land as previously shown, subdivided and recorded on the plat identified as Map Book 1, page 711. (2) Vitramon Incorporated and the City of Roanoke are both in agreement that the vacation of the subject portion of the above mentioned plat would be in the best interest of both parties. (3) The portion of the plat that the applicant desires to vacate was created by error and is not required or needed for the public right-of-way purposes of Chip Drive, N.E. (4) The City of Roanoke has caused to be made a new and revised plat of the subject subdivision, which if authorized by City Council, will be recorded, thereby establishing the proper setback distance between the Vitramon building and the public right-of-way of Chip Drive, N.E. (5) Vitramon, Inc., has agreed to dedicate on this new and revised plat an additional area of its property sufficient in size and location to establish a proper curve radius to provide for future extension of Chip Drive, N.E. Wherefore the applicant respectfully requests in accordance with Section 15.1-482(b) of the Code of the Commonwealth of Virginia 1950) as amended, that the portion of the subject plat as described herein be permanently vacated. Respectfully submitted, W. Robert Herbert, City Manager ERT:mpf IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of April, 1988. No. 29048. aA4 A RESOLUTION granting Vitramon, Incorporated, a temporary waiver of a setback requirement for development in the Roanoke Centre for Industry and Technology, and authorizing the filing of a petition to vacate a portion of Chip Drive, N. E. BE IT FURTHER RESOLVED by the Council of the City of Roanoke that: 1. The owners or lessees from the City of more than fifty per- cent (50%), in area of the developed lots within the Roanoke Centre for Industry and Technology concurring, as required by the restrictive covenants for the Centre, the City hereby grants Vitramon, Incorporated, owner of Parcel 2A within the Centre, a temporary waiver of the require- ment that no building or structure in the Centre be erected nearer than seventy-five (75) feet from the right-of-way way of a primary road in the Center, in order that Vitramon may commence construction of a building within forty (40) feet of the right-of-way of Chip Drive, N. E. 2. The City Manager is hereby authorized to file a petition and to commence the process of having an unneeded portion of Chip Drive, N. E., vacated so as to ensure that the building to be constructed by Vitramon in the Centre is seventy-five (75) feet from Chip Drive, N. E. ATTEST: City Clerk. Original plat (MB.l, Page 711) showing oversized, square shaped cul-de-sac. New revised plat to be recorded, showing portion of original plat to be vacated, and dedication of area for curve radius for future street extension. I / -' .... ,, .. ,,, / THIS ORIGINAL SIZED PLAT NOTE, Area Being Dedicated To The City · Area Requested For Vacation ANDERSON WADE ]OUTHAT III ~ TAX NO 723-02-01 ~ ANOERSON WAOE DOUTHAf III tAX NO 72J-03-0) DB 905 PO 127 PARCEL 2A 22,298 ACRES TAX NO 724-0;-02 PARCEL 18 CItY OF ROANOKE TAX NO 724-01-04 HB 1 =O 694 N THE CLERK'S OFFICE OF THE CI'RCUIT COUR1 OF THE CITY OF ROANOKE ,~RD[NIA T~[$ MAP PRESENTED ON THIS OAT OF ~SB AND WITH THE CERT[FICAIE OF DEDICATION AND ACKNOWLEDCEHENT HERETO ANNEXED, AOMI~rFD TO RECORD AT .... O'CLOCK ~.M. CLERK BLUE Hll LS CORP, T4X NO 727-01-01 DB 90~ ~O 573 0,117 ACRES ~.62I ACRES DREVI DEDICATED TO TME ~'~ ROANOKE FOR STREE RIGHT-OF-WAY bURP NICMO TAX N FLOOD NOTE, CAPTION ~ROPERTv IS NOT LOCA'F] Map A NOTICE OF PUBLIC HEARi~G BEFORE THE ROANOKE CITY PLANNING COMMISSION TO WHOM IT ~-AY CONCEP~N: The Roanoke City Planning Commission will hold a public hearing on Wednesday, September 7, 1988, at 1:30 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, fourth floor, Municipal Building, in order to consider the following: Request from W. Robert Herbert, Roanoke City Manager, to vacate a portion of a recorded subdivision, Parcel 2A, Roanoke Centre for Industry and Technology (Map Book 1, Page 711) pursuant to Section 15.1-482(B) of the Code of the State of Virginia (1950), as amended, and as authorized by Ordinance No. 29048. A copy of said application is available for review in the Office of Community Planning, Room 355, Municipal Building. Ail parties in interest and citizens may appear on the above date and be heard on the matter. John R. Marlles, Agent Roanoke City Planning Commission Please run in the morning edition on Tuesday, August 23, i988 Please run in the evening edi:iQn on Tuesday, August 30, 1988 Please send affidavit of publication to: Office of Community Planning Room 355, Municipal Building Roanoke, VA 24011 Or,ce of t~e City Clerk October 19, 1988 File #51 Mr. Robert Akerson, .ir. 1748 Lonna Drive, N. W. Roanoke, Virginia 24019 Dear ~fr. Akerson: I nm enclosing copy of Ordinance No. 29329, rezoning a tract of land located on the northerly side of Staunton Avenue, N. W., designated as Official Tax No. 2430837, from RS-3, Single Family Residential District, to RM-1, Residential Multi-Family District, which Ordinance No. ~9329 was adopted by the Council of the City of Roanoke on first reading on Monday, October 10, 1988, also adopted by the Council on second reading on Monday, October 17, 1988, and will take effect ten days following the date of its second reading. .5~nce ely, ~ary F. Parker, CMC City Clerk MFP:ra Enc. pc: First National ~ank of Lexington, c/o Mr. Charles Swinks, 2312 Staunton Avenue, N. W., Roanoke, Virginia 24017 ~r. & ~rs. Ernest L. arown, 2302 Pennsylvania Avenue, N. W., Roanoke, Virginia 24017 ~Ir. Abie Pullins, Jr., 3002 ~orraine Road, N. W., Roanoke, Virginia 24017 ~r. Robert L. Carter, 2306 Staunton Avenue, ~. W., Qoanoke, Virginia 24017 ~r. & Mrs. Johnny ~. ~urray, 2230 Staunton Avenue, ~. W., Roanoke, Virginia 24017 ~s. Doris Saunders, 2226 Staunton Avenue, N. W., Roanoke, Virginia 24017 Mr. Robert Akerson, October 19, 1988 Page 2 pc Mr. Wayne G. ~trickland, Executive Director, Fifth Planning District Commission, P. O. Box 2~9~ Roanoke, Virginia 24010 Mr. W. Robert Herbert~ City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Von W. Moody, III, Director of Real ~state Valuation Mr. Michael ~. Waldvogel, Chairman, City Planning Commission Mr. L. Elwood ~orris, Chairman~ ~oard of Zoning Appeals ~r. William ~. Clark, Director of Public Works Mr. ~it B. ~iser, Director of Utilities and Operations Mr. Charles ~. ~fuffine, City Engineer Mr. Ronald ~t. Miller, Building Commissioner and Zoning Administrator Mr. John R. Marlle$, Agent/Secretary, City Planning Commission Ms. Doris Layne, Office of Real ~state Valuation IN THE COUNCIL OF THE CITY OF ROANOKE, VIHGINIA, The 17th day of October, 1988. No. 29329. AN ORDINANCE to amend $36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 243, 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-3, Single Family Residential District, to RM-1, Residential Multifamily, Low Density 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 $38.1-693, 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 October 10, 1988, 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 citi- zens 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. 243 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: Property described as a parcel at 2301Staunton Avenue, N.W., designated on Sheet No. 243 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 2430837 be, and is hereby rezoned from RS-3, Single Family Residential District, to RM-1, Residential Multifamily, Low Density District, subject to those conditions prof- fered by and set forth in the Petition to Rezone filed with the City Clerk on August 17, 1988, and that Sheet No. 243 of the Zone Map be ~hanged in this respect. ATTEST: City Clerk. PETITION THE UNDERSIGNED ARE PROPERTY OWNERS AROUND OR NEXT TO THE PROPERTY TO BE REZONED OF 2301 STAUNTON AVENUE FROM RS3 TO RM1. THEY ARE IN AGREEMENT OF THIS CHANGE TO CONTINUE WITH THE UPGRADE OR STANDARD VALUE OF THE PROPERTY IN THE VILLA HEIGHTS AREA. ROBERT AKERSON, 3R. PETITIONER Roanoke City Planning Commission October 10, 1988 The Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request from Robert Akerson, Jr., that a certain tract of land located on the north side of Staunton Avenue, N.W., designated as Official Tax No. 2430837, be rezoned from RS-3, Single Family Residential District to PM-i, Residential Multi-Family District, such rezoning to be subject to certain conditions proffered by the petitioner. I. Backsround: Purpose of the rezoning is to permit renovation and reuse of an existing 1,860 s.f. single family structure into a duplex. Petition to rezone was filed on August 17, 1988. Proffered conditions are as follows: The exterior appearance of the structure fronting Staunton Avenue, N.W., will not be altered. The property will be rehabilitated to contain two living units meeting City site plan requirements. That if no building permit has been issued and no construction commenced within three (3) years from the date of the final zoning approval, the zoning shall revert to RS-3 without any further action by City Council. No neighborhood organization sxists in this area but the owner has expressed a willingness to work with the surrounding property owners if any concerns are expressed. Roocn 355 Municipal Building 215 Church Avenue. S W. Roanoke, Virginia 24011 (703)981-2344 II. D. Plannin~ Commission public hearing was held on September 7, 1988. Mr. Akerson, the petitioner, appeared before the Commission and stated that he intended to renovate the existing structure for rental property. Mr. Tasselli responded that the City's real estate files showed that all but one (1) of the homes in the surrounding neighborhood, currently zoned RS-3, were owner occupied. The point was also made that vacant RM-1 land exists along Staunton Avenue, N.W., which could be developed for rental property without having to be rezoned. In closing, Mrs. Gunter reminded the Commission that the existing zoning was in place for the reason of protecting the existing neighborhood character and general land use patterns and approval of such a rezoning would be contrary to good zoning principles and the comprehensive plan. Issues: Zonin~ is presently RS-3. RM-1 zoning occurs to the south along Staunton Avenue, N.W. The remaining surrounding lands to the north, east and west are all zoned RS-3. Land use of the site is currently single family. Located to the east of the site is Staunton Park. Immediately to the west of the site is a vacant lot. All remaining properties immediately adjoining the site, as well as the surrounding neighborhood, are single family, detached residential uses. C. Utilities are not an issue. D. Traffic is not an issue. Neighborhood appears to be stable. The majority of the homes are owner occupied. Comprehensive Plan recommends that neighborhood character should be protected. III. Alternative: A. City Council deny the rezoning request. 1. Zonin~ remains RS-3. 2. Land use remains unchanged. 3. Utilities would be unaffected. 4. Traffic is unaffected. Neighborhood impact is minimal, but the single family character is preserved. city 1. 3. 4. 5. Comprehensive Plan would be followed. It is the intent of the plan's housing strategy to improve and enhance existing neighborhood's by building on the neighborhood's strengths and stability. By preserving the single-family use, the stability and character of the neighborhood will be protected. Council approve the rezoning request. Zonin8 becomes RM-1, conditional, extending adjacent RM-1 zone located to the south of the site. Land use becomes duplex. Utilities are available. Traffic would not be affected. Neighborhood impact would be minimal, but the single family character may start to be undermined. 6. Comprehensive Plan would not be followed. IV. Recommendations: By a vote of 5-0 (Mr. Price and Mr. Bradshaw absent), the Planning Commission recommended denial of the requested rezoning. Although RM-1 zoning exists to the south of the property along Staunton Avenue, N.W., no duplex structures are located in the immediate area. Furthermore, properties which are properly zoned for potential duplex development exist but are presently undeveloped. Therefore, by denying the rezoning the single family character of the existing neighborhood would be preserved while possibly encouraging development in the existing RM-1 zone. R~ectfully submitted, Michael M. Waldvogel, Chairman Roanoke City Planning Commission JTT:JRM:mpf attachments cc: Assistant City Attorney Director of Public Works City Engineering Building Commissioner/Zoning Administrator Petitioner AMENDED PETITION TO REZONE IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Rezoning a certain tract of land located on the North side of Staunton Avenue, N.W., designated as Official Tax No. 2430837, be rezoned from RS-3, Single-Family Residential District to RM 1; Residential Multi-Family District subject to certai~ conditions. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The petitioner, Robert Akerson, Jr., owns land in the city of Roanoke located at 2301 Staunton Avenue, N.W., Tax No. 243087. Said tract is currently zoned RS%. A map of the property is attached as Exhibit A. Pursuant to Article VII of Chapter 36.1-690, Code of the City of Roanoke (1979),'a~ amended, the petitioner requests that the said property be zoned from RS~ to RM! for the purpose of rehabilitation of said property. The petitioner believes the zoning of said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will allow the rehabilitation of abandoned and neglected properties in the neighborhood by making it economically feasible to convert them from single family residences to income producing properties. The petitioner hereby proffers and agrees that if the said tract is rezoned as requested, that the zoning will be subject to, and that the petitioner will abide by, the following conditions. 1. The exterior appearances of the structure fronting Staunton Ave. will not be altered. o The property will be rehabilitated to contain two living units meeting City site plan requirements. 3. That if no building permit has been issued and no construction commenced within three years from the date of the final zoning approval, the zoning shall revert to RS~ without any further action by City Council. 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 17th day of August, 1988. Respectfully Submitted, Robert Akerson, Jr. 1748 Lonna Drive, NW Roanoke, Va. 24019 362-8918 Home 563-0048 Office LOCATION Ill CITY CiTY NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant to the provisions of Article VII of Chapter 36.1 Code of the City of Roanoke (1979), as amended, the Council of the City of Roanoke will hold a Public Hearing on Monday, October 10, 1988, 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 rezonlng from R3-3, Single Family Residential District, to RM-1, Residential Multifamily, Low Density District, the following property: A parcel at 2301 Staunton Avenue, Official Tax No. 2430837. N. W., bearing 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 September , 1988. Mary F. Parker, Please publish in full twice, once on Friday, September 23, 1988, and once on Friday, September 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 Office of r~e Cir/CIe~ September 22, 1958 File #51 ,~.tr. Robert Akerson, .Ir. 1748 Lonna Drive, N. W. Roanoke~ Virginia 24019 Dear :~r. Akerson: I am enclosing copy of a report of the City Planning Commission recorr~nending that the Council of the City of Roanoke deny your request that a certain tract of land located on the north side of Staunton Avenue, ~. W., designated as Official Tax No. 2430837, be rezoned from RS-3, Single Family Residential District, to RM-1, Residential Multi-Family District. 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, October I0, 1988, at 7:30 p.m., in the Council Chamber, fourth floor of the Municipal Duilding. For your information, [ am also enclosing copy of a notice of the public hearing and an Ordinance providing for the rezoning, which notice and Ordinance were prepared by the City Attorney's Office. Please review the Ordinance and if you have any questions, you may contact Mr. William M. Hackworth, Assistant City Attorney, at 981-2431. Questions with regard to the Planning Commission report should be directed to ~r. John R. .,~,tarlles, Chief of Community Planning, at 981-2344. Sincerely, ,~,iary F. Parker, CMC City Clerk MFP:ra Enc. First National ~ank of Le,~ington, c/o ~r. Charles Swinks, 23ll Staunton '~venue,. ~. W., ~oanoke, Virginia 24017 Mr. Robert Akerson, Page 2 September 22, 1988 Jre pc: Mr. & ,Ups. Ernest L. 8,own, 2.302 Pennsylvania Avenue, N. W. ~oanoke, Virginia 24017 Ur. Able Pullins, .Ir., .3002 Lorraine Roan, N. W., Roanoke, Virginia 24017 :Ur. Robert L. Carter, 2306 Staunton Avenue, N. W., Roanoke, Virginia 24017 Ur. & Mrs° Johnny Lo Uurray, 2230 Staunton Avenue, N. W. Roanoke, Virginia 24017 Ms. Doris Saunders, 2226 Staunton Avenue, N. W., Roanoke, Virginia 24017 Mr. Wayne G. Strickland, Executive Director, Fifth Planning Dist,ict Commission, p. 0. Box 2569, Roanoke, Virginia 24010 Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Von W. Moody, [II, Director of Real Estate Valuation Mr. Michael M. Waldvogel, Chairman, City Planning Commission Mr. L. Eiwood Norris, Chairman, Board of Zoning Appeals Mr. William F. Clark, Director of Public Works Mr. Kit ~. Kiser, Oirector of Utilities and Operations Mr. William M. Hackworth, Assistant City Attorney Mr. Charles M. Huffine, City Engineer Mr. Ronald H. Miller, Building Commissioner and Zoning Administrator Mr. John R. Marlles, Agent/Secretary, City Planning Commission Ms. Doris ~ayne, Office of Real Estate Valuation Or, ce of the Ci~ C]er~ September 7, 1988 File #51 Mr. Michael M. Waldvoget Chairman City Planning Cor,~nission Roanoke, Virginia Dear Mr. WatdvogeI: 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 Robert Akerson, .Ir., requesting that a tract of land located on the north side of Staunton Avenue, ~. W., designated as Official Tax No. 2430837, be rezoned from RS-3, ~esidential Single Family District, to RM-1, Residential Multi-Family, Low Density District, subject to certain proffered conditi.ons. Sincerely,~ ~ ~' ~,~ Mary F. Parker, CMC City Clerk MFP: ra pc: Mr. Robert Ake'rson, Jr., 1748 bonna Drive, N. W. Virginia 24019 ' Mr. John R. Marlles, Agent/Secretary, City Planning Commission Mr. Ronald H. Hiller, Zoning Administrator Mr. William ~. Hackworth, Assistant City Attorney Room 456 MunicJpol Building 215 C~uFch Av~a~ SW Roanoke, ~rg~nia 240tl (703) 981-2541 C)ffice of ~he Ci~/ August 17, 1988 File #51 Mr. Michael ~l. WaIdvogeI Chairman City Planning Commission Roanoke, Virginia Dear Mr. Waldvogel: Pursuant to Section 36.1-690(e) of the Code of the City of ~oanoke (1979), as amended, I am enclosing copy of a petition from Robert Akerson, .Ir., requesting that a tract of land lying at 2301 Staunton Avenue, N. W., being Lot 37 and the greater of Lot 38, more particuIarIy described as Official Tax No. 2430837, be rezoaed from RS-3, Residential Multi-Family, Medium Density District, to RM-1, Residential Multi-Family, subject to certain proffered conditions. Sincerely, Sandra H. Eakin Deputy City Clerk SHE: ra Ene. pc: tlr. Robert Akerson, Jr., 1748 Lonna Drive, N. W., Virginia 2~019 ~r. John R. ,~!arIles, Agent/Secretary, City Planning Co~nission Mr. Ronald H. Miller, Zoning Administrator Mr. William ~I. Hackworth, Assistant City Attorney Room456 Munlcll:x~lBulldlng 215(~urchA~,'~ue, S.W. Pc~ono~e, Virg~nia24011 (703)981-254.1 PETITION TO REZONE IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Rezoning of a tract of land lying at 2301 Staunton Ave., N.W., Par Lot 37 and the greater of Lot 38, Blk. 2, Villa Heights, Tax No. 2430837, from RS3 to RM1, such zoning to be subject to certain conditions. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The petitioner Robert Akerson, Jr., owns land in the city of Roanoke located at 2301Staunton Avenue, N.W., Tax No. 243083?. Said tract is currently zoned RS3. A map of the property is attached as Exhibit A. Pursuant to Article VII of Chapter 36.1-690, Code of the City Of Roanoke (1979), as amended, the Petitioner Requests that the said property be zoned from RS3 to RM1 for the purpose of rehabilitation of said property. The Petitioner believes the zoning of said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will allow the rehabilitation of abandoned and neglected properties in the neighborhood by making it economically feasible to convert them from single family residences to income producing properties. The petitioner hereby proffers and agrees that if the said tract is rezoned as requested, that the zoning will be subject to, and that the petitioner will abide by, the following conditions. The exterior apperance of the structure fronting Staunton Ave. will not be altered. 2. The property will be rehabilited to contain two living units meeting City site plan requirements· 3. That if no building permit has been issued and no construction commenced within three years from the date of the final zoning approval, the zoning shall revert to RS3 without any further action by City Council 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 17th day of August, 1988. Respectfully Submitted, Robert Akerson, Jr. 1748 Lonna Drive, NW Roanoke, Va. 24019 362-8918 He,me 563-0048 Office 1~17 ~ P'43864£ ~ THE SURVEYOR CBRTIFZNS THIS LOAN SURVEY FOR FINANCING PURPOSES ONLY.. THIS SURVEY IS SUBJECT TO INFORHATZON NHZCB ~AY BE DI-~CLOSED BY TIT~,S ABSTRACT. · 2~.3 c~ oLw /(L/,~.THE SUBJECT eROeBRTX IS "OT YEAR FLOOD BOUNDARY AS SHOWN ON THE FNMA FLOOD SOUNDARY MAP. THIS DBTERMINATION IS BASED ON THE FLOOD BOUNDARY MAP AND HAS NOT BEEN VERIFIED BY ACTUAL FIELD ELEVATIONS. ADOOINING PROPERTY OWNER LIST OFFICIAL TAX NUMBER OWNER'S NAME AND MAILING ADDRESS 2430836 2430815 2430814 2320208 2320207 2331801 2320301 2320302 FIRST NATIONAL BANK OF LEXINGTON VACANT LOT C/O FIRST AMERICAN BANK OF VA P. O. BOX 1301 TAX DEPARTMENT MCLEAN, VIRGINIA 22101 ERNEST L. BROWN 2302 CLIFTON STREET N.W. ROANOKE, VIRGINIA 24017 ABIE PULLINS, OR. 2306 CLIFTON STREET N.W. ROANOKE, VIRGINIA 24017 ROBERT LEWIS CARTER 2306 STAUNTON AVENUE N.W. ROANOKE, VIRGINIA 24017 ROBERT LEWIS CARTER 2306 STAUNTON AVENUE,N.W. ROANOKE, VIRGINIA 24017 CITY OF ROANOKE STAUNTON PARK 215 W. CHURCH AVENUE S.W. ROANOKE, VIRGINIA 24016 OOHNNY L. & GRACE MURRAY 2230 STAUNTON AVE., N.W. ROANOKE, VA. 24017 DORIS SAUNDERS 2226 STAUNTON AVE., N.W. ROANOKE, VA. 24017 TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE REZONING REQUES :~,~ ~' Request from Mr. Robert Akerson, Jr., that a certain tract of ) land located on the north side of Staunton Avenue, N.W., ) designated as Official Tax No. 2430837, be rezoned from RS-3, )AFFI- Single Family Residential District to PM-l, Residential Multi-)DAVIT Family 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 29th day of August, 1988, notices of a public hearing to be held on the 7th day of September, 1988, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: PARCEL 2430836 2430815 2430814 OWNER, AGENT OR OCCUPANT First National Bank of Lexington c/o Charles Swinks Ernest L. Brown Mary Brown Abie Pullins, Jr. ADDRESS 2311 Staunton Avenue, NW Roanoke VA 24017 2302 Pennsylvania Avenue Roanoke VA 24017 3002 Lorraine Road, NW Roanoke VA 24017 2320208 2320207 2320301 Robert Lewis Carter Johnny L. & Grace Murray 2306 Staunton Avenue, NW Roanoke VA 24017 2230 Staunton Avenue, NW Roanoke VA 24017 2320302 Doris Saunders 2226 Staunton Avenue, NW Roanoke VA 24017 Marth~- P. Franklin SUBSCRIBED AND SWORN before, a Notary Public, in the City of Roanoke, Virginia, this 29th day of August, 1988.. Notary Public My Commission Expires: NOTICE OF PUBLIC'EARING ',~EFORE THE ROANOKE CITY PLANNING COMMISSION TO WHOM IT MAy CONCERN: The Roanoke City Planning Cormnission will hold a public hearing on Wednesday, September 7, 1988, at 1:30 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, fourth floor, Municipal Building, in order to consider the following: Request from Robert Akerson, Jr., that a certain tract of land located on the north side of Staunton Avenue, N.W., designated as Official Tax No. 2430837, be rezoned from RS-3, Single-Family Residential District to R_M-i; Residential Multi-Family District subject to certain conditions. A copy of said application is available for review in the Office of Community Planning, Room 355, Municipal Building. All parties in interest and citizens may appear on the above date and be heard on the matter. John R. Mariies, Agent Roanoke City Planning Co~ission Please run in the morning edition on Tuesday, August 23, 1988 Please run in the evening edition on Tuesday, August 30, 1988 Please send affidavit of publication to: Office of Community Planning Room 355, Municipal Building Roanoke, VA 24011 Please bill: Robert Akerson, Jr. 1748 Lonna Drive, N.W. Roanoke, VA 24019