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HomeMy WebLinkAboutCouncil Actions 10-19-87 28831 {BoWeM 1 REGULAR WEEKLY SESSION------ROANOKE CITY COUNCIL October 19, 1987 2:00 p.m. AGENDA FOR THE COUNCIL 1. Call toOrder--RoI1Call. AU plte.6em. The invocation will be delivered by the Burton, Pastor, Sweet Union Baptist Church. Reve rend E. PIte.6em. T. The Pledge of Allegiance to the Flag of the United States of America wi 11 be led by Mayor Noel C. Taylor. BID OPENINGS A. Bids for the \Vi II iamson Road Storm Drain, Phase 2, Cont,.act II-A, Lower Segment and Williamson Road West Sanitary Sewer Project. FOWL b'[d6 welte Itefteltlted:to a Qommmee Qompohed 06 Me.6hlth. Galttand, Cha,[ftman, Kthelt and ClaitQ. B. Bids for improvements to the tennis courts at Sh,.ine Hill Park. Two b'[d6 welte lte6eltlted :to a Qommmee QompMed Oft Me.6hlth. Galttand, Cha,[ftmcln, Snead and ClaitQ. 2. CONSENT AGENDA (Appltoved 7-01 ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DIS- CUSSION OF THESE ITEMS. fF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. C-1 A report of the Ci ty Manager requesting an Execut ive Session to discuss the disposition of publicly held property, pursuant to Sect ion 2.1-344 (a) (2), Code of Virginia (1950), a s amended. RECOMMENDED ACTfON: Concur in request for Council to convene in Executive Session to discuss the disposi- tion of publicly held p,.operty, pursuant to Section 2.1-344 (a) (2), Code of Virginia (1950), as amended. C-2 Qualification of Jo Anne Justis as a Commissioner of the City of Roanoke Redevelopment and Housing Authority for a term of four years ending August 31, 1991. RECOMMENDED ACTfON: Receive and file. (1) . C-3 Qualification of Edward S. Colonna as an alternate member of the Board of Adjustments and Appeals, Building Code. RECOMI~NDED ACTION: Receive and file. C-4 Qualification of Malcolm C. Boggs as a Virginia Western Community College Board for June 30, 1990. member of the a term ending RECOMMENDED ACTION: Receive and file. REGULAR AGENDA 3. Hearing of Citizens Upon Public Matters: None. 4. Petitions and Communications: a. (1) A communication from Donald S. Caldwell, Commonwealth's At torney, recommending acceptance of the Department of Criminal Justice Services Grant for the Victim/Witness/ Juror Assistance Program, in the amount of $17,225.00, and transfer of $9,916.00 in local matching funds f,.om the Commonwealth Attorney's fiscal year 1987-88 budget. W,[;thditawn. (2) A report of the Ci ty Manager concurring in the above ,.ecommendation. 5. Reports of Officers: a. Ci ty Manage,.: Briefings: None. Items Recommended for Action: 1. A report recommending that Counci I adopt the necessary City Code revisions permitting the City to use a decal I icense for all types of trai lers in I ieu of metal I icense tags. Adop:ted Oltd,[nanc.e No. 28831 on nw:t Itead,[ng. (7-01 2. A report ,.ecommending that Counci I allow Dominion Bankshares, N.A., to decorate four (4) pear trees on Campbell Avenue, S. W. Adop:ted Re.6olution No. 28832. 16-0) IMaqolt Taqlolt abh;ta,[ned nltom vo;t,[ng. 1 3. A report ,.ecommending appropriation of $14,400.00 to provide office space and supplemental funding for the Fifth Dist,.ict Employment and Training Conso,.tium. Ado p:ted Oltd,[nanc.e No. zg 8 33. 17 - 0 ) 4. A report recommending acceptance of a Min i-grant f,.om the State Department of Correct ions, in the amount of $1,500.00, for printing and dist,.ibution of a Youth Emp I oymen t Package. Adop:ted Oltd,[nanc.e No. 2g834 and Re.6olution No. 28835. 17-01 ( 2) . . 5. A report ,.ecommending appropriation of $27,741.91 to the 1987-88 budget of the Roanoke Ci ty Heal th Department, to match the State allocation and to main- tain current services. Adop:ted Oltd,[nanc.e No. Z8836. 17-0) 6. Reports of Commi t tees: None. 7. Unfinished Business: None. 8. Introduction and Consideration of Ordinances and Resolutions: a. Ordinance No. 28816, on second reading, permanent ly vacating, discontinuing and closing an alley 14.66 feet in width and 349.4 feet in length situated between Official Tax Nos. 3042002 and 3042007, and any further portion of said alley as it may extend to Orange Avenue, N. E., on maps other than the City's Official Map. Adop:ted Oltd,[nanc.e No. zg876. 17-0) b. Ordinance No. 28817, on second reading, rezoning property located at 23 24th Street, N. W., designated as Official Tax No. 2311102, containing approximately 0.41 acres, f,.om LM, Light Manufacturing Dist,.ict, to RM-4, Residential Multi-Family High Density Distdct, subject to ce,.tain proffered conditions. Adop:ted Oltd,[nanc.e No. zg877. (7-01 c. Ordinance No. 28818, on second reading, permanent ly vacating, discontinuing and closing Shadeland Avenue, N. W., approximate ly 845 feet in length, 50 feet wide, f,.om lOt h S t ,. e e t, N. IV., to its e as t e r I y term i nus. Ado p:ted Oltd,[nanc.e No. zg818. 17-01 d. Ordinance No. 28819, on second reading, amending Division 3, Commercial Dist,.ict Regulations, of Article II, Dist,.ict Regulations, of Chapter 36.1, Zoninq, Code of the City of Roanoke (1979), as amended, in order to amend certain of the zoning regulations pertaining to the CN, Neighborhood Commercia I Districts. Adop:ted Oltd,[nanc.e No. Z8879. 17-01 e. Ordinance No. 28820, on second reading, rezoning property located at 3804 Brandon Avenue, S. W., bearing Official Tax No. 5180304, and containing approximately 18.3 acres, f,.om RS-1, Residential Single Family District, to RM-2, Residential Multi-Family District, subject to certain prof- f e re d cond it ion s. Adop:ted Oltd,[nanc.e No. zg8Z O. 17-0) 9. Motions and Miscellaneous Business: a. Inquiries and/or comments by the Mayor and members of City Counc i I . b. Vacancies on various authorities, boards, commissions and committees appointed by Council. 10. Other Hearings of Citizens: Adop:ted Re.6olution No. Zg837, ltec.ogn,Lz,[ng :the eleQ;t,[on On C. Emelty Cuddy, JIt., ah PIte.6,[dem 0 n :the New Mex,[c.o S:ta:te Bait. 17- 0) ( 3) CiTY [ '87 i:! 1 L f / . Roanoke, Virginia October 19, 1987 Honorable Mayor and City Council Roanoke, V~rginia Dear Mayor and Member of Council: Please reserve space on today's agenda for an Executive Session to discuss the disposition of publicly held property pursuant to Section 2.l-344(a)(2) of the Code of Virginia (1950), as amended. Respectfully submitted, LJ:LL-t/Ud W. Robert Herbert City Manager WRH/a cc: Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Finance Director Offlce 01 rile Oty OEHk October 21, 1987 Fi Ie #178-15 Dr. Wendell H. Butler, Chairman Roanoke Redevelopment and Housing Authority 2118 Andrews Road, N. W. Roanoke, Virginia 24017 Dear Dr. But ler: This is to advise you that Jo Anne Justis has qualified as a COrmlissioner of the Roanoke Redevelopment and Housing Authority for a term of four years ending August 31, 1991. Sincerely, p~ "'" ~ -) . Mary F. Parker, CMC Ci ty Clerk MFP:ra Proom 456 M.Jnlclpoll3ulldlng 215 Church Avenue. S.W. Proonoke. Virginia 24011 (703) 961-2541 0-2 - . , ' ,- i f~ I Oath or Affirmation of Offld:t '87 r:' i -c, :J 1 State of Virginia, City of Roanoke, to . wit: I, 80 P.nne ,lusti s do solemnly swear (or affirm) that I will support the Constitution of the United States, and t~e Constitution of the State of Virginia, and that I will faithfnlly and impartially discharge and perform all the dnties incumbent upon me S' a Corrmissioner of tho City of Poanoke Redevelopment and Housing Authority for a term of four years ending August 31, 1991. according to the best of my ability. So help me God. Subscribed and sworn to before me, this Deputy Clerk Offlce 01 rile Oty Oem September 16, 1987 F i I e # 17 8- /5 Ms. Jo Anne Justis 2240 Feather Road Vinton. Virginia 24179 Dear Ms. Justis: I am enclosing copy of Resolution No. 28800. reappointing you as a Commi ss ioner of the Ci ty of Roanoke Redeve lopment and Hous ing Authority to filla four (4) year term and waiving the require- ment of City residency, which Resolution was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 14, 1987. Enclosed you will find a certificate of your reelection Oath or Affirmation of Office which may be administered Clerk of the Circuit Court of the City of Roanoke, located third floor of the Roanoke City Courts Facility, 315 Avenue, S. w. and an by the on the Church Please return one copy of the Oath of Office to Room 456 in the Municipal Building prior to serving in the capacity to which you were reelected. ~'~IJ. -Pw...- Mary F. Parker, CMC Ci ty Clerk MFP:ra Enc. cc: Dr. Wendell H. Butler, Chairman, Roanoke Redevelopment and Housing Authority, 2118 Andrews Road, N. W., Roanoke, Virginia 24017 Mr. Herbert D. McBride. Execut ive Director, Ci ty of Roanoke Redevelopment and Housing Authority, P. O. Box 6359, Roanoke, Virginia 24017 P.oom 456 M.Jnldpoll3ulldlng 215 Church A--... S.W. R.oclncM. Virginia 24011 (703) 961-2541 COMMONWEALTH OF VIRGINIA ) ) To-wi t: CITY OF ROANOKE ) I. Mary F. Parker, City Clerk, and as such City Clerk of the Council of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council held on the 14th day of September, 1987, JO ANNE JUSTIS was reelected as a Commissioner of the City of Roanoke Redevelopment and Housing Authority for a term of four years ending August 31, 1991. Given under my hand and the seal of the Ciiy o(Roanoke.this 16th day of September, 1987. n~}.-t~ City Clerk Offlce 01 rile Oty OEHk October 21, 1987 Fi Ie #64-15 Mr. Paul V, Chi ldress, Jr. Chairman Board of Adjustments and Appeals Bui lding Code 2792 Beverly Boulevard, S. W. Roanoke, Virginia 24015 Dear Mr. Childress: This is to advise alternate member Bui lding Code. you that Edward S. Colonna has qualified as an of the Board of Adjustments and Appeals, ~'::'Yj -P ~ Mary F. Parker, CMC Ci ty Clerk MFP:ra cc: Mr. Rona ld Administrator H. Mi ller, Bu i I ding Commissioner/Zoning Room 456 Munlclpoll3ulldlng 215 Church Awnue. S.W. Roonoke. Virginia 24011 (703) 961-2541 - 0-2 ':'W Oath or Affirmation ,Bf II()ffi~" ; State of Virginia, City of Roanoke, to .wit: 1, EJlr;\.H'u ~)~ ~\... '10:Wia , do solemnly swear (or affirm) that 1 will support the Constitution of the United States, and the Constitution of the State of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me a" ar: ::,'; t'~n,a te lil=::IHL't.,'i"' C ~ t.he ~\;.'I;n',.). F\d;:..i~;'~J ((it:::; ':i:i..~ '..::"':::.:.,~'i'~_. _l~.;';~.:i...,; .\.:<.:.C.. according to the best of my ability. So help me God. ~ 1 ;;gr-z./C/'~ Subscribed and sworn to before me, this ~~~__day o~~~o, I 0..-.~((y\ - ~ ,. ~ ~ ~ ," S:-" ~'\...,;'ir~y Clerk Offlce 01 rile Oty OEHk Octobe,. 7, 1987 Fi le #64-15 Mr, Edward S. Colonna 2318 Labu,.num Avenue, S. W. ~oanoke, Virginia 24nZ5 Dea,. M,.. Colonna: At 'I regular meet ing of the Counci I of the Ci ty of Roanoke he td on Monday, Octobe,. 5, 1.987, you were elected as an alternate membe,. of the Board of Adjustments and Appeals, Building Code. E~closcd you will find a ce,.tificate of you,. eleciion anJ an Oath or Affirmation of Office which may he administe,.ed by the Cle,.k of the Ci,.cuit Cou,.t of the City of Roanoke, located on the thi,.d floor of L'le Roanoke City Cou,.ts Facillty. .315 Chu,.ch Avenue, S, W. Please ."eturn one copy of the Oat'! of Offi,:e to Room 456 in the Municipal Building pri",. to se,.vi'lg in the e'lpacity to which you were elected. Since,"ely, r---.. ~ -J. Ma,.y F. Parker, CMC Ci ty Cle,.k p~ MFp:,.a Ene. CC: 1"41". Ronald H. Administ,.ato" 1.1i 11 er, lJui Iding Cor'lfl1i ss ionc."/Zon in!! P.oom 456 Municipoll3uildlng 215 Church Avenue. S.W. P.oonol<e. Virginia 24011 (703) 961-2541 COMMOMVEALTH OF VIRGINIA ) ) To-wi t: CITY OF HOANOKE ) f, Mary F. Parker, City Cle,.k, and as such City Clerk of the Council of the City of Roanoke and keepe,. of the ,.ecords thereof, do he,.eby ce,.tify that at a regular meeting of Council held on the 5th day of October, 1987, EDWARD S. COLONNA was elected as an alternate membe,. of the Board of Adjustments and Appeals, Bui lding Code. Given under my hand and the seal of the Ci ty of Roanqke this 7th day of Octobe,., 1987, r-.., ~ :J . Ci ty Clerk r:~- ~ Offlce 01 rile Oty OEHk October 21, 1.987 Fi Ie #467-15 Mrs. Nina F, Ross, Chairman Virginia Western Community College Board 270 Knollwood Drive Rocky Mount, Virginia 24151 Dear Mrs. Ross: This is to odvise you that Malcolm C. Boggs has qualified as a member of the Virginia Western Community College Board for a term ending June 30, 1990. Sincerely, {L " ~ ::1. Mary F. Parker, CMC City Clerk MFP:ra cc: Dr. Charles L, Downs, President, Virginia Western Community College, P. O. Box 14045, Roanoke, Virginia 24038 P.oom 456 M.Jnlclpoll3ulldlng 215 Church Avenue. S.W. Roanoke. Virginia 24011 (703) 961.2541 0-2 Oath or Affirmation of Office State of Virginia, City of Roanoke. to .wit: IJ l\~idc\Jllji C. 3un~t5 . do solemnly swear (or affirm) that I will support the Constitution of the United States. and the Constitution of the State of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me S. il ;:',C;~Der lif the Vif{'init1 \:~s;:(--;t"11 CO'Wlifi'.:'\" (.('11,:'y,(:, -;\:\rl F1"'U' (~ 'l;,?r"~:. I';;T:"!:-- JUli(; ",,' J ", ~,~;,'L. according to the best of mJ' ability. So help me God. Subscribed and sworn to before me, thi. ~-'-"~~'_..day ~~ ~ty Clerk ~ ~ OffIc~ of rile City Oerl< October 7, 1987 Fi Ie #467-15 Mr. Malcol~ C. Boggs 2936 Rosalind Avenue, S. W. Roanoke. Virginia 24014 Dear Mr. Boyys: A.t a regular meeting of the Council of the City of Roanoke Ileld on Monday, October 5,1.987, you we,.e elected as a member of the Virginia lVeste,.n 'Community College BoaI'd for' a term ending' June 30; 1990. Enclosed you ,vi I I find a certificate of your election and an Oath or Affi,.mation of Office which may be administered by the Cle,.k of the Circuit Cou,.t of the City of Roanoke, located on the thi,.d floor of the Roanoke City Courts Facility, 315 Chu,.ch Ave'lUe, S. \11, Please return one copy of the Oath of Office to Roo~ 456 in the Municipal Building prior to se,.ving in the capacity to which you we,.e elected, Sincel'ely, -R "..-...~J. ~ Mary F. Parker, CMC Ci ty Clerk MFP:ra Enc. cc: Mrs. Nina F. Co 11.ege Boa,.d, 24 I.; 1 Dr. Cha,.les L, College, P. 0, Ross, Chui"'1lun, Viryini<1 Western 270 Knoltwood Drive, Rocky '.fount, CO'1lmun i t Y Virilinia Downs, President, Vi'-iJil1ia Western Corrununity Box 14045, Roanoke, Vi"ginia 24038 P.oom 456 M.Jnicipoll3uildlng 215 Church Avenue. S,W. P.aonoke. Vlrgl/'lla 24011 (703)961.2541 COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Mary F. Parker, Ci ty Clerk, and as stich Ci ty Clerk of the Council of the City of Roanoke and keeper of the ,.ecords thereof, do hereby certify that at a regular meeting of Council held on the 5th day of October, 1987, MALCOLM C. BOGGS was elected as a member of the Virginia Weste,.n Community College Boa,.d fo~ a term ending June 30, 1990. Given under my hand and the .seal of the Ci.ty or Roanoke this 7 t h . day 0 f Oc t ob e r, . 1987 . r--, -" } ,fl. , Ci ty Clerk MMONWEALTH- OF GO ~ , , -, '87 ": i." "', i' DONALD S. CALDWELL COMMONWEALTH'S ATTORNEY AREA CODE 703 TEL. NO. 981-2626 CITY OF ROANOKE OFFICE OF THE COMMONWEALTH'S ATTORNEY 315 CHURCH AVENUE ROANOKE. VIRGINIA 24016 October 19, 1987 Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, VA Dear Members of Council: Subject: Acceptance of Victim/Witness Assistance Program Grant 1. Background A. Victim/Witness Juror Program is designed to recognize and address the needs of victims and witnesses in the Roanoke City Criminal Justice System and to continue the commitment for citizen support. B. Roanoke City Victim/Witness/Juror Assistance Committee (RCVWJ) was formed in the fall of 1983, by Judges and Clerks of Circuit, General District and Juvenile Courts, Commonwealth's Attorney, City Sheriff, Chief Magistrate, Chief of Police, Director of Administration and Public Safety, and Roanoke Bar Association. C. Victim/Witness Juror Program was developed and utilized volunteers in the court system to provide services to support the needs of victims, witnesses and jurors. D. The RCVWJ Committee submitted the program to the State with a request for full payment funding. A start-up grant (#85A6252) was issued on July l, 1984, in the amount of $16,202 for FY 84-85 subject to proportional annual local funding to be approved each year E. City Council accepted the start-up grant in September, 1984, and hired a full-time program coordinator in October, 1984. F. City Council accepted the second year of the Victim/Witness Assistance Program grant (#86A6292) in September, 1985, and appropriated $2,430 for FY 85-86 as the City's first year proportional share of the grant subject to the terms of the original agreement (l5% of $l6,202). . Members of Council Subject: Acceptance of Victim/Witness Assistance Program Grant October 19, 1987 Page 2 G. In October, 1985, the City Manager approved the new classification of the victim/witness coordinator's position at a pay grade 09 and the full-time coordinator received a salary increase of $3,l08. The additional expense of this salary increase was transferred from the Commonwealth Attorney's 85-86 budget to the Victim-Witness Grant budget. H. City Council accepted the third year of the Victim/Witness Assistance Program grant (#86A6400) in August, 1986, and appro- priated $2,430 for FY 86-87 as the City's local cash match and $4,l45 as a salary supplement for the Coordinator. l. In April, 1987, a request for a new grant was submitted by the Victim-Witness Coordinator when additional state funds became available. J. In June, 1987, the Victim/Witness Assistance Program grant (#86A6400) was extended from June, 1987 thru October, 1987. II. Current Situation A. The Victim/Witness/Juror Program has been awarded an eight month $17,225 grant (#87A6524) for November, 1987 through June, 1988, which will be matched by a local cash match of $9,9l6 (including salary supplement) for a total grant budget of $27,141. B. The Victim/Witness/Juror Program continues to operate with a full-time coordinator, as well as a part-time Victim-Witness Advocate for Juvenile & Domestic Relations District Court. Duties have expanded and increasingly greater contact has been made with persons in need of program services. A summary of FY 84-85, 85-86 and 86-87 contacts document this increase in services (see Attachment A). C. The Victim/Witness/Juror Program is coordinated by the Office of the Commonwealth's Attorney and this office's FY 87-88 budget as approved by City Council included a local cash match grant fund of $9,916 (appropriated as outlined in Attachment B). Members of Council Subject: Acceptance of Victim/Witness Assistance Program Grant October 19, 1987 Page 3 Ill. Issues A. Services ll. Costs IV. Alternatives A. Accept the Victim!Witness/Juror Grant #87A6524 for $17,115 with Roanoke City pay ing $9,9l6 as a local cash match (including salary supplement) for a total grant of $27,141. 1. Services a. Present level of services and contacts would be maintained for victims and witnesses in General District Court. b. Present level of services and contacts would be maintained for victims and witnesses in Juvenile & Domestic Relations District Court. 2. Costs a. Cost to the City for Grant #87A6524 would be $9,916 as a local cash match (including salary supplement). ll. City Council not accept the Victim!Witness/Juror Grant #87A6524 in the amount of $17,225 nor fund the local cash match of $9,9l6 (including salary supplement). 1. Services such as those below would be greatly curtailed or not provided if the grant is not accepted. a. Providing felony victims and witnesses with a letter and educational brochure familiarizing them with the court system, procedures and terminology before their court appearance. b. Notifying the victims and witnesses of the status of pending cases thereby decreasing the number of unnecessary trips made to court and helping the victims and witnesses feel informed and a part of the criminal justice process. Members of Council Subject: Acceptance of Victim!Witness Assistance Program Grant October 19, 1987 Page 4 c. Providing police officers with case status information and organizing their cases so that they are heard consecutively, thus eliminating unnecessary and costly overtime charges. d. Assisting victims in securing court ordered restitution payments. e. Making victims aware of the Virginia Crime Compensation Fund and assisting them in completing the application process. f. Provide referrals to other agencies which can help victims address their non-criminal justice needs. g. Accompany victims and witnesses to court proceedings to reduce their fears and anxieties regarding court appearances. h. Intercede with employers and school officials when victims and witnesses have difficulties securing time off. i. Assist sexual assault victims in having forensic medical bills paid by the court system. j. Assist probation and parole officers in the preparation of Victim Impact Statements which are presented to the judge at the defendant's sentencing. k. Provide "counseling" and crisis intervention to crime victims and witnesses. 1. Arrange for transportation to court for those victims and witnesses who have special needs. m. Provide public relations information in the form of courthouse tours, programs and lectures about the criminal justice system and victimology. 2. Costs would not be an issue. V. Recommendations A. City Council to concur with Alternative A, which would sllow for the acceptance of, and participation in the Department of criminal Justice Services Grant #87A6524 for the Victim!Witness/Juror Assistance Program in the amount of $17,225, with the City providing a local cash match of $9,9l6 (including salary supplement) from the monies provided in the Commonwealth Attorney's FY 87-88 budget Members of Council Subject: Acceptance of Victim/Witness Assistance Program Grant October 19, 1987 Page 5 B. Authorize the City Manager to sign and execute all appropriate documents to obtain Grant #87A6524. C. Appropriate $17,225 in state grant funds and transfer $9,9l6 in local matching funds from General Fund account OOl-026-22l0-9536 to the Grant Fund into accounts to be established by the Director of Finance. Respectfully submitted, ~~~~ ~ Donald S. Caldwell Commonwealth's Attorney DSC:btw pc: City Manager Ci ty At torney Director of Finance Director of Administration & Public Safety Victim!Witness/Juror Coordinator VICTLM-W1TNESS ASSiSTANCE PROGRAM SERViCt. SU~ll'1ARY FY FY FY Sl!:J{VICE 84-85 85-86 86-87 1. Case Disposition & Case Status Information 556 1,063 868 2. Intercession with Schools or Employers 12 17 12 3. Victim Counsel Sessions 14 56 30 4. Referral to Crime Compensation ,'und 24 84 70 5. Restitution Payment Assistance 71 218 314 6. Contacts in Person or by Phone to Educate 662 1,406 1,299 Persons to the Criminal Justice System 7. Introductory Brochures Mailed 51 607 686 8. Total Victims Contacted 982 2,245 1,714 9. Total Witnesses Contacted 554 1,464 528 10. Poli ce Contact s for Case information 66 157 Y3 11. Voiunteer Hours Served 826 926 544 ATTACHMENT A LOCAL CASH MATCH GRANT FUND DCJS LOCAL LOCAL GRANT CASH MATCH SUPPLEMENT TOTAL n 84-85 $16,202 (100%) $16,101 FY 85-86 $13,772 ( 85%) $2,430 (15%) $3,108 $19,310 F'Y 86-87 $32,550 ( 93%) $2, 430 ( 7%) $4,145 $39,125 FY 87-88 $17,225 ( 78%) $4,86(; (22% ) $5,056 $27,141 ATTACIiliENT B A ~ Offlce 01 rile Oty OEHk October 21, 1987 Fi Ie #169 Ms. Teresa W. Walker Marketing Officer Dominion Bank P. O. Box 13.327 Roanoke, Virginia 24040 Dear Ms. Walker: I am enclosing copy of Resolution No. 28832, authorizing a revo- cable permit to Dominion Bankshares, N.A., for the attachment or installation of certain holiday decorations to certain City-owned pear trees on Campbell Avenue, S. W., upon certain terms and con- ditions, which Resolution was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 19, 1987. Please sign and Clerk's Office, 24011, return three copies of the Resolution to the City Room 456, Municipal Building, Roanoke, Virginia Sincerely, p~(.- ",,~:l. Mary F. Parker, CMC Ci ty Clerk MFP:ra Enc, cc: Mr. Robert W, Hooper, Executive Director, Downtown Roanoke, fnc., 410 First Street, S, W., Roanoke, Virginia 24011 Mr. W. .Robert Herbert, Ci ty Manager Mr. \Vilburn C. Dibling, Jr., City Attorney Mr. William F. Clark, Director of Public Works Mr. William M. Mullins, Jr., Manager of Signals and Alarms Mr. George C. Snead, Jr., Director of Administration and Public Safety P.oom 456 M.Jnklpoll3ulldlng 215 ChlXCh Avenue. S.W. P.oonoke. Virginia 24011 (703) 961-2541 /' '/(J '1:--"'9 ;,:~ Crt\... r D IN THE COUNCIL OF THE CITY OF RO~I!:Ijl,' YIRGINlA', The 19th day of October,1987, '87 '" 1;' '\' No. 28832. A RESOLUTION authorizing a revocable permit to Dominion Bankshares, N.A" for the attachment or installation of certain holiday decorations to certain City-owned pear trees on Campbell Avenue, S,W., upon certain terms and conditions. WHEREAS, Dominion Bankshares, N,A., (hereinafter "Permittee") has requested that City Council authorize Permittee to install certain holiday decorations on certain City-owned pear trees on Campbell Avenue, S.W.; WHEREAS, Council is desirous of granting the request of Per- mittee pursuant to certain terms and conditions. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1, Permission is hereby granted to Permittee to attach, in- stall and maintain certain holiday decorations not to exceed four (4) City-owned pear trees immediately adjacent to Permittee's property located on Campbell Avenue, S.W., pursuant to the following terms and conditions: (a) Such permit shall be revocable and shall be effective from December 1, 1987, through Jan- uary 4, 1988; (b) Permittee~all indemnify, keep and hold the City free and harmless from liability on account of injury or damage to any person or property, including City property, growing out of or directly or indirectly resulting from the per- mission herein granted; (c) Permittee shall provide the Director of Public Works with a certificate of insurance naming the City of Roanoke as an additional insured, provid- ing general public liability insurance in the amount of at least $100,000 for bodily injury, $300,000 per accident, and $50,000 property damage; (d) No object shall be constructed, attached, installed, erected, or maintained by Permittee so as to obscure the view of any directional or informational sign by any operator of a motor vehicle or pedestrian; (e) Permittee shall obtain any and all necessary per- missions for construction, attachment, installation, erection and maintenance of such objects from any affected private property owners and the State Department of Highways and Transportation; (f) Permittee shall not install or attach any Object to any City-owned tree or shrub other than those covered by this permit; (g) The City shall incur no cost as a result of grant of this permit; and (h) Permittee shall give notice to the City's Director of Public Works prior to entry on City property for installation and maintenance of such holiday decorations; 2. This permit shall be in full force and effect at such time as a copy of this Resolution, duly signed, sealed, attested and acknowledged by Permittee has been filed in the Office of the City Clerk, r'\.~ 1-L ATTEST: ACCEPTED and EXECUTED by J1!~ the undersigned City Clerk. this ~ day of , 1987. DOMINION BANK SHARES, N,A, ~2,~jf~ By ~) -:c./v .. (title) ;~~F,: C Z-I \, r,:- C'TY I. -.- '87 1.':_'.1. ' :)'.' Roanoke, Virginia October 19, 1987 Honorable Noel C, Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: SUBJECT: Dominion Bankshares, N.A. Permit Request I. Background: City Council granted Dominion Bankshares, N.A., a permit in October 1985 to decorate four (4) pear trees on Campbell Avenue, S. W., subject to certain terms and conditions. II. Current Situation: Dominion Bankshares, N.A. has requested permission to decorate the same trees again this year and has agreed to the required terms and conditions. III. Issues: A. Authority for Approval B. Permit Requirements IV. Alternatives: A. City Council grant Dominion Bankshares, N.A., permission to decorate four (4) pear trees on Campbell Avenue, S. W. l, Authority for approval or denial is solely City Council's, 2. Permit requirements are basically the same as last year with one additional requirement. To provide further protection to the City, Dominion Bankshares, N,A., has agreed to obtain public liability insurance, as recommended by the risk manager. The City will be named as an additional insured on the policy, B. City Council deny Dominion Bankshares, N.A., request. l, Authority for approval or denial is solely City Council's. 2. Permit requirements would not be an issue. Mayor and Members of Council Page 2 V. Recommendation is that City Council approve the appropriate measure in a form acceptable to the City Attorney, containing the amount of insurance recommended by the risk manager, to allow Dominion Bank- shares, N.A., to decorate four (4) pear trees on Campbell Avenue, S. W. Respectfully submitted. ~rJ(j,<& A~~:& W. Robert Herbert City Manager pr Attachment pc: City Attorney Director of Finance Director of Public Works Director of Administration and Public Safety Manager of Signals and Alarms Ms. Teresa W. Walker, Marketing Officer, Dominion Bank Mr, Robert W, Hooper, Executive Director, Downtown Roanoke, Inc. .. ." '.f0 "J",", ~ %"j 'CI' \;. ,c<: ,". DOMINION ~NK ), ,,;.! I ; ~ ";! ! L; ; " 11\" , In..)!! September 29, 1987 Mr. William M. Mullins, Jr. Manager of Signals and Alarms City of Roanoke 1802 Courtland Road N. E. Roanoke, Virginia 24012 Dear Mr. Mullins: I am writing to request permission for Dominion Bank to decorate the Bradford pear trees beside the bank on Campbell Avenue with small white lights during the holiday season as we have done the past several years. Currently, there are only three trees (instead of four) in this area. We would like to decorate the trees on December 1 and take down the lights on January 4, which is the Monday after New Years. I understand that this year the City of Roanoke will require a Certificate of Insurance, and we will accept this condition. Dominion's existing policy comes up for renewal on November 1, 1987. After that date, we will send you this certificate naming the City of Roanoke, its officers, agents and employees as additional insurers for liability of no less than $100,000 bodily injury person, ,$300,000 per accident, and $50,000 pro- perty damage. Since this request must go before City Council, I hope that you may simply amend last year's Resolution with this new requirement. Thank you for consideration of our request. Sincerely, ~ ~. ~o.Q.~e0 Teresa W. Walker Marketing Officer TWW/dm Enclosure Office of rile Oty OEHk October 21, 1.987 Fi Ie #60-246 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No, 28833, amending and reor- daining certain sections of the 1987-88 General and Consortium Funds Appropriations, appropriating $14,400.00 from the Contingency Reserve Fund to the Fifth District Employment and Training Consortium for office space, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 1.9, 1.9R7. Sincerely, p~ '" ---0 ~, Mary F. Parker, CMC Ci ty Clerk MFP:ra Enc. cc: Mr. \V. Robert Herbert, City Manager Mr. James D, Ritchie, Director of Human Resources Ms. Carolyn H. Barrett, Administrator, Fifth District Employment nnd Training Consortium, 425 West Campbell Avenue, Roanoke, Virginia 24016 Proom 456 Io't.Jnlclpoll3ulldlnq 215 Church Avenue, S.W. Roanoke. Virginia 24011 (703) 011',254' IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of October, 1987. No. 28833. AN ORDINANCE to amend and reordain certain sections of the 1987-88 General and Consortium Funds Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1987-88 General and Consortium Funds Appropriations, be, and the same are'hereby, amended and reordained, to read as follows, in part: General Fund Appropriations Non-Departmental (1-2)....,................,. ....... $lO,524,425 Fifth District Employment and Traininq Consortium Fund Appropriations FDETC - FY88 JTPA Admin. Pool (3)........,.............,......... $ 4,263,l9l 88,863 Revenue FDETC - FY88 JTPA Admin. Pool (4)................................ $ 4,263,l9l 88,863 l) Transfers to Consortium Fund 2) Contingency 3) Funding Authority 4) FDETC Contribution (00l-004-93l0-9534) (001-002-94l0-2199) (034-054-8860-9990) (034-034-l234-8876) $ l4,400 (14,400) 14,400 l4,400 .' BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk FEC~I'.tlf. [! r:iTY i . , '87 11; 1:' October 19, 1987 Roanoke, Virginia Honorable Mayor and City Council Roanoke, Virginia Members of Council: Subject: Office Space and Supplemental Funding for the Fifth Dis- trict Employment and Training Consortium 1. BACKGROUND A. City Council entered into an agreement on April 13, 1987 to renovate the Knights of Pythias Building for the Fifth District Employment and Training Consortium at a cost not to exceed $58,500,00. B. Member 1urisdictions of the Consortium gave up twenty 20) of their designated slots to serve clients in their jurisdictions in exchange for the city providing office space for the agency. Renovation of the building was originally scheduled to be completed by July 1, 1987. C, Bids were requested for the renovation work on May ~1987. Council received the bids on June 15, 1987, II. PRESENT SITUATION D, A. All bids for renovation to the Knights of Pythias building were rejected by Council, on July 27, 1987. B. Council will be asked to rebid the project later, with a new target date of completion to be March, 1988. C. The delay in renovating the building is causing the Consortium to have a budget deficit of $14,400.00, This is the amount of rent the Consortium will have to pay for the period July 1, 1987 through March 31, 1988. City Council Report October 19, 1987 Page 2 D. The Consortium recently consolidated its client services and administrative operations in order to utilize one floor, of its current facility, to reduce rental expenses. III. ISSUES A. Cost to City B. Impact on Consortium operations C. Impact on participant community D, Compliance with agreement E. Funding IV. ALTERNATIVES A. A!!ropriate $14,400.00 to the Consortium for o ice space, from the contingency reserve fund. 1. Cost to City - Approximately $14,400.00. 2. Impact on Consortium operations - Services would continue at present consolidated location. 3. - Planned 4, Compliance with agreement - Would be in compliance with agreement entered into, with the member jurisdictions of the Consortium. 5, Funding - Is available in the General Fund Contingency Account No. 001-002-9410-2199. B. Do not appropriate $14,400.00 to the Consortium for office space, from the contingency reserve fund. 1, Cost to City - None. OffIce of rile Oty OEHk October 21, 1987 Fi Ie #304-236 Mr. W. Robert Herbert Ci ty Manager Roanoke, Virginia Dear Mr. Herbert: f am attaching copy of Resolution No. 28835, authorizing the acceptance of Minigrant No. A-6358J-3E made to the City of Roanoke by the Commonwealth of Virginia Department of Corrections; and authorizing the acceptance, execution and filing of the proper forms wi th the Department of Correct ions for the purpose of printing and distributing a Youth Employment Package implemented by the City's Office on Youth, which Resolution was adopted by the Counci I of the Ci ty of Roanoke at a regular meeting held on Monday, October 19, 1987. r'\"""3 Mary F. Parker, City Clerk ~ fL Sincerely, CMC MFP:ra Enc. cc: Mr. James D. Ritchie, Director of Human Resources Mr. John R. Marlles, Chief of Community Planning Ms. Marion V. Crenshaw, Youth Planner Proom 456 /.\Jnlclpoll3ulldlng 215 Church Awnue. S.W. Roanoke. Virginia 24011 (703) 961.2541 j- \t...4. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of October, 1987. No. 28835. A RESOLUTION authorizing the acceptance of Minigrant No. A-6358J-3E made to the City of Roanoke by the Commonwealth of Virginia Department of Corrections and authorizing the accep- tance, execution and filing of the proper forms with the Department of Corrections for this grant for the purpose of printing and distributing a Youth Employment Package implemented by the City's Office on Youth. BE IT RESOLVED by the Council of the City of Roanoke that: 1, The City of Roanoke hereby accepts the offer made by the Commonwealth of Virginia Department of Corrections of Minigrant No. A-6358J-3E for the purpose of printing and distributing a Youth Employment Package implemented by the City's Office of Youth, in an amount and subject to such terms as are described in the report to Council from the City Manager dated October 19, 1987. 2. The City Manager, W. Robert Herbert. or the Assistant City Manager, Earl B. Reynolds, Jr., is hereby authorized to accept, execute and file on behalf of the City of Roanoke the proper forms with the Department of Corrections for the aforemen- tioned grant. 3. The City Manager is further directed to furnish such additional information as may be required by the Department of Corrections in connection with the City's acceptance of the aforementioned grant or with such project. ATTEST: City Clerk. Offlce 01 rile City OEHk October 21, 1987 File #60-304-236 Mr, Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 28834, amending and reor- daining certain sections of the 1987-88 Grant Fund Appropriations, in connection with the acceptance of a Mini-Grant from the State Department of Corrections, in the amount of $1,500.00, for printing and distributing a Youth Employment Package, which Ordinance was adopted by the Counci I of the Ci ty of Roanoke at a regular meeting held on Monday, October 19, 1987, Sincerely, ~M7 J, ~ Mary F, Parker, CMC Ci ty Clerk MFP:ra Enc. cc: Mr. W. Robert Herbert, City Manager Mr. John R. Marlles, Chief of Community Planning Ms, Marion V, Crenshaw, Youth Planner Proom 456 M.Jnlclpoll3uildlng 215 Church Avenue. S.W. Proonoke. Virginia 24011 (703) 961.2541 5A4 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of October, 1987. No. 28834, AN ORDINANCE to amend and reordain certain sections of the 1987-88 Grant Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1987-88 Grant Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: Appropriations Health and Welfare High Risk Indicator Minigrant (1).................. $ l32,499 l,500 Revenue Health and Welfare High Risk Indicator Minigrant (2)................,. $ l32,499 l,500 l) Admin. Supplies 2) State Grant Revenue (035-052-8825-2030) (035-035-l234-7009) $ l,500 l,500 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk PECCI\:;~;l !~' !TY (:, r-: '87 f 1.. '" October 19, 1987 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Acceptance of $1,500,00 Minigrant From the State Department of Corrections. I. Background: A. Roanoke City Office On Youth applied for one of five mini grants in the amount of $1,500.00 from the State Department of Corrections. to print and distribute a Youth Employment Package, B. Unemployment/Underemployment is one of the High Risk Indicator's that leads to delinquent behavior among young people. C. The Youth Services Citizen Board Employment Committee recommended that a Youth Employment Package be developed in order to assist young people in their efforts to seek employment, D. The Youth Employment Package will consist of information on issues such as transportation, worker's permits, and employment/training opportunities. E. An Evaluation has been developed to access its impact. II. Current Situation: A, The Office On Youth received notification from the Department of Corrections that the City was awarded one of the minigrants in the amount of $1,500.00 for printing and distribution of the Youth Employment Package, III. Issues: A. Funding, B. Timing, Members of Council October 19, 1987 Page 2 IV. Alternatives: A. Authorize the City Manager to accept the Mini grant from the Department of Corrections in the amount of $1,500.00. 1. Funding will provide for the cost to print and distribute the Youth Employment Package. 2. Timing is important because the minigrant project has to be completed and evaluated by December 30, 1987. B. Do not authorize the City Manager to accept the Minigrant from the Department of Corrections. 1, Funding would not be an issue and the printing and distribution of the Youth Employment Package would not take place. 2, Timing would not be an issue because the project would not take place. V. Recommendation: It is recommended that Council adopt Alternative A which will authorize the following: A. Acceptance of Department of Corrections Minigrant No. A-6358J-3E through the execution of the proper forms by the City Manager, B, Appropriate $1,500,00 and establish a revenue estimate account within the Grant Fund for the Department of Corrections Minigrant. Respectful~ubmitted, ~ #-/t)~~A~~ L W. Robert Herbert City Manager WRH:MVC/ewc cc: Assistant City Manager City Attorney Director of Finance Chief, Office of Comm~ity Planning OffIce 01 rile City OEHk October 21, 1987 Fi Ie #60-22 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 28836, amending and reor- daining certain sections of the 1987-88 General Fund Appropriations, transferring $27,741..91 in matching funds to the fiscal year 1987-88 budget of the Roanoke City Health Department, Account No. 001-054-5110-3700, from the Contingency Reserve, Account No. 001-002-9410-2199, which Ordinance was adopted by the Counci I of the Ci ty of Roanoke at a regular meet ing held on Monday, October 19, 1987, Sincerely, (21 / ~ ~~ -J. Mary F. Parker, CMC Ci ty Clerk MFP:ra Enc. cc: Dr. E. J. Clarke, Director, Roanoke City Health Department, 515 Eighth Street, S. W., Roanoke, Virginia 24016 AIr, Frank L. Showalter, Administrator, Roanoke City Health Department, .515 Eighth Street, S. W.. Roanoke, Virginia 24016 Mr. W. Robert Herbert, City Manager Mr. James D. Ritchie, Director of Human Resources Proom 456 M.Jnlclpall3ulldlng 215 Church Avenue. S.W. Proonoke. Virginia 24011 (703) 961-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of October, 1987, No. 28836. AN ORDINANCE to amend and reordain certain sections of the 1987-88 General Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1987-88 General Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: Appropriations Health and Welfare Heal th Department (1)...........,.....",.,......... Non-Departmental Contingency - General Fund (2).,.................... $10,500,573 980,084 10,496,683 760,822 (1) Subsidies (2) Contingency (001-054-5110-3700) (001-002-9410-2199) $ 27,742 (27,742) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk ~.E(>': ':.:J CiTY;.:.I ., October 19, 1987 '87 ' Honorable Mayor Noel C. Taylor and Members of City Council Roanoke, Virginia Dear Members of Council: SUBJECT: ROANOKE CITY HEALTH DISTRICT COOPERATIVE FY 87-88 BUDGET I . BACKGROUND A. The total budget request for the Roanoke City Health Department for FY 87-88 was $2,238,511 ($2,638,511 less estimated revenue of $400,000). 1. Requested State share or 55% - $1,231,181 2. Requested City share or 45% - $1,007,330 B. The Cit Mana er recommended and Cit Council ado ted 976 015 as the local share of normal operating expenses for the Roanoke City Health Department for FY 87-88. The State share under this funding level would be $1,192,907, for a total Health Department budget of $2,168,922. C. Subse uentl the State Health De artment allocated 1 226 814 as their share, or an increase of 33 907. The total Health Department budget for FY 87-88 would be $2,230,570.91. II. CURRENT SITUATION A. Cit share of Health De artment FY 87-88 bud et re uires an additional 27 741.91 for a total of 1 003 756.91 to match State allocation and to maintain current Health Department services. Total Health Dept. 87-88 Budget 87-88 State Share (55%) $2,230,570.91 $1,226,814.00 $ 976,015.00 27,741. 91 $1,003,756.91 Council Adopted City Share Requested Matching Funds Total City Share (45%) B. Local Health Department is operating under reduced services schedule due to limited funding. 1. Clinical services have been curtailed resulting in 6-8 week waiting periods to obtain an appointment. 2 2. In one clinic, no new patients are being accepted. C. Ten contractual part-time positions cannot be continued without the additional matching City funds according to the Health Director. 1. One Nurse Practitioner whose loss will further reduce family planning clinic services to a two hour session weekly. This is critical in view of Roanoke City's teen pregnancy rate. 2. Two Clinicians. One provides testing for sexually transmitted disease (Acquired Immune Deficiency Syndrome). During the first year, 96 patients were tested. In 1986-87 this increased to 327. The other clinician provides pediatric services. 3. Two Dentists and one dental assistant providing school dental care and sealants for 932 students at the dental trailer. 4. Two positions in Home Health services (one clerical position and one aide position) which generate revenue for the Home Health Program. 5. One Nutritionist covering WIC (Women, Infants, and children), and the pediatric and maternity clinics. 6. One Custodian who cleans the Landsdowne and Melrose satellite locations. III. ISSUES A. Budget. B. Need for Health Department Clinic services. C. Patient Care. D. Legal. E. Funding. IV. ALTERNATIVES A. Appropriate an additional $27,741.91 in matching funds to the FY 87-88 budget of the Roanoke City Health Department. 1. Budget. $27,741.91 in local matching funds plus the additional $33,907 in matching State funds will increase the Health Department budget by a total of $61,648.91. 2. Need for Health Department Clinic Services. Additional funding will provide for ten contractual part-time positions which contribute 3 otherwise cannot qualify for other health care services. a) Dental Services b) Family Planning c) STD/ADS d) WIC e) General Medical f) Pediatrics g) Maternity h) Home Health 932 of 2,097 patients 757 of 1,310 patients 826 of 1,227 patients 3,719 of 15,925 patients 1,013 of 2,091 patients 1,198 of 2,334 patients 848 patients 329 patients 3. Patient Care. Patient care will be delivered in a more timely manner and at a quality level to the citizens of Roanoke. 4. Legal. The City's legal obligation by contract with the State to provide 45 percent of the operational costs for the Roanoke City Health Department will be met. 5. Funding. Funding is available in the General Fund Contingency account, #001-002-9410-2199. B. Do not appropriate the additional $27,741.91 in matching funds to the FY 1987-88 budget for the Roanoke City Health Department. 1. Budget. The Roanoke Cit Health De artment will lose an additional 33 909 in matchin State funds or a total bud et loss of 61 650.91. 2. Need for Health Department Clinic Services. Ten necessary positions providing services to the medically indigent who do not qualify for other health care services cannot be continued. Services will be further impacted by additional loss of State funds. 3. Patient Care. Limitations on availability of care to medically indigent patients will be necessary and many eligible citizens may not receive needed medical services. 4. Legal. The State would meet its obligation to fund 55 percent of the current budget. Additional $103,397 would not be made available by the State. 5. Funding. Not an issue. V. RECOMMENDATION A. City Council concur with Alternative A and transfer $27,741.91 in matching funds to the FY 87-88 budget of 4 . the Roanoke City Health Department, account #001-054-5110-3700, from the Contingency Reserve account, #001-002-9410-2199. Respectfully submitted, LJ~~. W. Robert Herbert City Manager WRH/JDR/slw cc: Wilburn C. Dibling, City Attorney Joel M. Schlanger, Director of Finance James D. Ritchie, Director, Human Resources Dr. E. J. Clarke, Director, Roanoke City Health Department . '. Offlce 01 rile Oty OEHk October 21, 1987 Fi Ie #514 Mr. Bruce E. Mayer At torney P. O. Box llR04 Roanoke, Virginia 24022-1804 Dear Mr. Mayer: [ am enclosing copy of Ordinance No. 28816, permanently vacating, discontinuing and closing an alley 14.66 feet in width and 349,4 feet in length situated between Official Tax Nos. 3042002 and 3042007, and any further portion of said alley as it may extend to Orange Avenue, N. E" on maps other than the City's Official Map, which Ordinance was adopted by the Counci I of the Ci ty of Roanoke on first reading on Monday, October 12, 1987, also adopted by the Council on second reading on Monday, October 19, 1987, and will take effect ten days following the date of its second reading. ^~J, Mary F. Parker, Ci ty Clerk p~ Sincerely, CMC MFP:ra Enc. cc: Mr. Henry J. Brabham, lV, President, Brabham Petroleum Company, P. O. Box 218, Roanoke, Virginia 24179 Commonwealth of Virginia, c/o Mr. J. T, Orr, Right-of-Way Manager, Department of Highways and Transportation, P. O. Box 71, Roanoke, Virginia 24153 Mr. Allen B. Fine, 811 Pocahontas Avenue, N. E" Roanoke, Virginia 24012 Mr. W, Robert Herbert, Ci ty Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Von W, Moody, lII, Director of Real Estate Valuation Ms. Susan S. Goode, Chairman, City Planning Commission Proom 456 M.Jnlclpoll3ulldlng 215 Church A"""ue. S.W. Proonoke, Virginia 24011 (703) 961-2541 ~ Mr. Bruce E. Mayer Page 2 October 21, 1987 cc: Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals Mr. William F. Clark, Director of Publ ic 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. Mil ler, Building Commissioner and Zoning Administrator Mr. John R. Marlles, Agent, City Planning Commission Ms. Toby S. Brown, Secretary, City Planning Commission Ms. Doris Layne, Office of Real Estate Valuation MIt, Jeltome S. Howaltd, JIt" Com~h,[onelt on Revenue . >> - u~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of October, 1987, No, 28816. 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, Brabham Petroleum Company 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 530-14, 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 12, 1987, after due and timely notice thereof as required by 530-14, 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: An alley 14.66 feet in width and 349.4 feet in length situated between Official Tax Nos. 3042002 and 3042007, and any further portion of said alley as it may extend to Orange Avenue on maps other than the City's Official Map, 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, 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 Brabham Petroleum Company, and the names of any other parties in interest who may so request, as Grantees. ATTEST: City Clerk. OffIce 01 rile City OEHk October 21, 1987 Fi Ie #514 Miss Patsy Testerman Clerk of the Circuit Court Roanoke, Virginia Dear Miss Testerman: r am attaching copy of Ordinance No. 28816, for proper recor- dation in your office, which provides for the permanent vacating, discontinuing and closing of an alley 14.66 feet in width and 349.4 feet in length situated between Official Tax Nos, 3042002 and 3042007, and any further portion of said alley as it may extend to Orange Avenue, N, E,. on maps other than the Ci ty' s Official Map, which Ordinance was adopted by the Council of the City of Roanoke on first reading on Monday, October 12,1.987, also adopted by the Council on second reading on Monday, October 19, 1987, and will take effect ten days following the date of its second reading. ~n::IJ. fJ~ Mary F. Parker, CAlC Ci ty Clerk MFP:ra Enc. cc: Mr. Bruce E, Mayer, Attorney, P. O. Box 11804, Roanoke, Virginia 24022-1804 P.oom 456 M.Jnlclpoll3ulldlng 215 Church Avenue. s.W.l\oonoke. VirgInia 24011 (703) 961-2541 RECE i\I~,~~ CITY j"; rf",,\ IlrF ['0:- '87 (,:L ') ~ Lj I'll '\':- Roanoke City Planning Commission October 12, 1987 The Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request of Brabham Petroleum Company to close and vacate a certain alley extending between official tax parcel numbers 3042002 and 3042007 as designated on the City's official appraisal maps, 1. Background: A, Alley section as requested for closure is currently blocked off at its original entrance from Pocahontas Avenue, N,E. B. Drainage water coursing through the alleyway has caused problems in the past for the lower lying properties adjacent to Orange Avenue, N.E, C. Earth berm was installed at the alley's entranceway from Pocahontas Avenue, N.E, to reduce this drainage flow. D. Alley as platted on City maps is 14,66' in width and approximately 349' in length, II. Current Situation: A. Application was reviewed by the Planning Commission at its regular meeting of September 2, 1987, B. Applicant owns the property adjacent to the west side of the subject alley identified as official tax no. 3040202 (see attached Map A,) C, Applicant has contracted with the Commonwealth of Virginia to purchase a portion of surplus right-of-way adjacent to the easterly side of his property (see attached Map A,) D, Property being acquired from the Commonwealth of Virginia is intended for use as a commercial gas station. 8.oorn 355 Municipal Guilding 215 Churcn Avenue, S.w. Roanoke. Virginia 24011 OOJ) 981-2344 October 12, 1987 Page 2 E. Adjacent properties and subject alley are currently zoned Heavy Manufacturing (HM) which, under the zoning classifica- tion of the new zoning ordinance, prohibits the use of the land for a commercial gas station facility. F. Applicant has been advised by the Planning staff that a rezoning of the property to commercial (C-2) will be required to permit the intended use of the property. G. Alley and adjacent properties are situated within the Deanwood Community Development Project area, Roanoke Redevelopment and Housing Authority has stated that it has no objections to the requested closure or the stated intention for the use of the adjacent property, H, Development of the property will be subject to all covenants and restrictions of the Deanwood Redevelopment Project Area, III. Issues: A. Neighborhood impact, Closure would have no impact on the neighborhood or adjacent properties. B. Traffic impact. Closure would have no impact on traffic needs, C. Utilities within the right-of-way, 1, City has no utilities within the right-of-way. 2. Staff correspondence indicates that there are no private utilities within the right-of-way. D. Creation of a dead-end alley. Closure will not create a dead-end alley, E. Land use, Application for closure states that the seller (Commonwealth of Virginia) and the buyer (applicant) have agreed that in order to secure financing and to close the sale of the adjacent property, it is necessary for the City of Roanoke to close and vacate the subject alley, Staff was not informed of the reason for this necessity. 1. Purchase of the property by Brabham Petroleum Company from the Commonwealth of Virginia will require a subdivision since the subject property is currently part of the public right-of-way. 2. Planning staff has been unable to locate any subdivision plat or deed that would verify that this alley has been dedicated for public use. Original subdivision by October 12, 1987 Page 3 Linwood Land Company does not include or show this alley. Plat of survey made for J. T, Board and Abner Lunsford in 1924 shows the area as an alley extending from Pocahontas Avenue to Orange Avenue. Deed of Conveyance from Thomas H, Beasley to Allen B, Fine (l970) refers to the area as "private" alley, 3. The adjacent property to be acquired by the applicant will be required to be rezoned for commercial use, ultimate decision by the City on the question of rezoning the property may affect the outcome of the sale of the property. F. Relationship to the Comprehensive Plan. Request is consistent with the intent of the Comprehensive Plan: 1. That available land should be used in the most appropriate manner. 2. Alley has been abandoned and unused for a number of years. IV. Recommendation: The Planning Commission by a vote of 6-0, with Mr. Waldvogel abstaining, recommends to City Council that the applicant's request to close, vacate, and discontinue the subject alley be approved. R!i!spectfully submitted, ~~~xlA~L~ Susan S. Goode, Chairwoman Roanoke City Planning Commission ERT/tsb Attachments cc: Assistant City Attorney Director of Public Works City Engineer Building Commissioner/Zoning Administrator Petitioner . -'( IN THE COUNCIL OF THE CITY OF ROANO~, VrR~NIA ' IN RE: ) ) APPLICATION OF BRABHAM PETROLEUM ) COMPANY FOR VACATION OF ALLEY ) APPLICATION FOR VACATING DISCONTINUING AND CLOSING OF ALLEY MEMBERS OF COUNCIL: Brabham Petroleum Company (Petitioner), by counsel, applies to have an abandoned alley which once ran between Orange (formerly Lynchburg) Avenue and Pocahontas (formerly Maryland) Avenue in the City of Roanoke, Virginia, permanently vaca ted, discontinued and closed, pursuant to Virginia Code section l5.1-364 and Section 30-14, Code of the City of Roanoke (1979), as amended. This alley is more particularly described on the plats attached and as follows: A certain public alley l4. 66 feet in width and 349.4 in length situated between a parcel numbered 3042002 and a parcel numbered 3042007 on the off icial appraisal map of the City of Roanoke, Virginia. Brabham Petroleum states that the grounds in support - of this application are as follows: l. The alley to be vacated is abandoned and blocked-off and has not been used by any public or private traffic in many years. 2. The Petitioner is the owner of all of the property adjoining the west side of the alley to be vacated. (See Exhibits A and B). 3. The Petitioner has contracted with the Commonwealth of Virginia (the State) to purchase the property on the southeast side of the alley to be vacated. (See Exhibit C) . 4. In order to secure financing to close the above- mentioned sale, the Petitioner and the State have agreed that it is necessary for the City of Roanoke to formally vacate the unused alley adjoining the property to be sold. 5. That the existence of the alley adversely affects the development potential of the property Petitioner wishes to acquire. 6. The sale of the State property to the Petitioner will benefit the City by returning presently untaxed property to the City's real estate tax rolls. WHEREFORE, Brabham Petroleum Company 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 (l979), as amended. Respectfully submitted, By: C. Richard Cranwell, Esquire Bruce E. Mayer, Esquire CRANWELL, FLORA & MOORE III Virginia Avenue P. O. Box l1804 Roanoke, Virginia 24022-1804 - ---~ \- '~I. ~""LL tJJv il\ssociates COr,irvlERCIAL - INDUSTRIAL SALES COi~TRACT Exhibit C inc, Commerclal.lnctustJ1al.RlIlild"",ial Reolton '007 Dominion 8ank lullG~g Roanoke, YI,OlnIQ 2401t i THIS CONTRACT 01 Sale made and entered into Ihis I between ___~_QJJYIlonwealth of Vioonia 1""._.no...U"'"'s....., 1st day 01 M::J.Y ___ 19E__._ and __ Henrv J. Brabham. IV ,~""......"... """...... <". P....'....""l 1t'!Ough EDWIN C. HALL ASSOCIATES. INC.. Agents. WITNESSETH In consideration of the sum of One Thou.!Land und no/}OO------------------------------ Dolla(~ ($1 1.000.00-------) by cash in hand paid. receipt 01 which is hereby acknowledged, the Purchnser agrees to buy and the Seller agrees 10 sell lor the sum of _ One_I}~.I~.c!.~~__!.w~.'ltL .1~h_~u~~~_~~_n~~OO==:::_.:___=__:.::_==.DoJl..r~ ($; _1}.9.......Q9l!.. QO----:-)Iho following property. Corner of Or.:)nge Avenut:! and Hollins RO::J.d, Roanoke, Virginia, conti.lining 1.09 dcn~s of land :lnd b~ing id~ncifi~d as P:lrcel 094. The purchase price to be paid as follows: 1) $1,000.00. on contr:lct signlng. 2) $119,000.00 un dtdivery of the UCltU, subject to .Purchaser securin;', [LlulIcing of hi::; choice in the ,Imount of $120,OOO.OU within thlrty (30) di.lYs u[ CUllLC1CC ex- ecution by all parties. Unless Purchaser notifies Seller tllcJ.t Ili::> fllli..lOclng has not b~en approvt.!d chis contingency shall bt! deewed satisfIed by 5:30 p.m. un Wednesday, June 3, 1987. ------ 3,) Purchaser to pay his own settlement COSLS. 'li~l~d without wa("1';lllLYI Sell~r will convey the above described properly by ~~I.*JtJ:~:t.atKRst:X!~I~y~1i;ffi:lrn\t.fxt~<..Oa~ and seltlement of Ihe purchase shall be made al [he at/ice 01 EOWIN C. HALL ASSOCIATES Inc., Agents, on or before ___:J_"!..rl~ _:tQ.J_______ _, 19~~. or as soon Ihereafter as Iitle can be examined and p....pars prepared. provided till) tiUe is lound free from objections which malerially aHect the marketability Ihereof, but allowing a reasonable hme for correction of objections reported by the Iitle examiner I ''''.AI J7'"'qf it 1 . ~ """...0.- --L : . l. Seller shall pay lor the preparation ollhe deed -..,t-""1 "'-J . .u.~tp--- ..u".,.... gn...t..... PurChaser shall pay all other closing cost. : Seller covenants thai any improvements located on the premises will be in substantially the same condition on Ihe date of settlement as atlhe lime of acceptance ollhis contract and further agrees 10 bear the risk of loss or damage 10,lhe property by reason of lire or other casually umil final settlement is made. Sellar will deliver possessIon to Pl.lrchaser subject 10 existing leases. if any. I The parties herelo aCknowledge that neither has rehed upon any oral representation or agreement by the other or' by the agenl. and no such oral reprosentation or agreement shall affecl In any way the terms 01 this wnllen agreement. This contract mav be modified or amended onlV in writing signed by all parties hereto. The said Sellcr and Purchaser hereby bind themselves, their heirs. assigns. executors and admInistrators lor the faithlul perlormance oflhis a~reement. 1_ II ~ithtU pally d~faulls in the PtlrforrniillC!3 0/ this contracl, hit shall pay to tho dYOflt thu ::,J,lus commiSSIon 10 which the agem would have beer ~?J8Ieed' the conlract had been penormed. i ,The above deposit of $___!....--=--__made by the purchaser to EDWIN C. HALL ASSOCIATES INC., will be held In escrow and applied 10 lI'le purchase price. I The Seller agrees 10 pay the Agent cash at senlemenl fOI hjs~ervice$..)l commi~sion as agreed to in lhe Lisling A!'Jreement or by a separale agreemenl.' ~ "4t!'. - C4"'Jf 4.T:r ~.,.'U"...".,...tT' WITNESS the Purchaser(s) signalure(s) and seal(s) thiS_.l.;t_day of /11' IL-1--___19_i(7 ._.. WITNESS Ihe SeUer(s) signature(s) and seaJ(s) thiS._~~_day of__~J.1 ~/__19.:f'..l--. -r----~ (SEAL),. ~ld 1 ,n~"~~;~~~(SEAL) __(SEAL) _ __._.____.__ nn._u_ (Sr::/.l) ___m___._________ISEAL) AGENT: (Sr::\L,1 EDWIN C. HALL ASSOr:;I/\ n::.s Il'lC. ,......-." EXHIBIT 0 Property Owners Adjoining Alley to be Vacated 1. Brabham Petroleum Company Henry J. Brabham, IV, President P. O. Box 218 Vinton, virginia 24179 (Petitioner) 2. Commonwealth of Virginia c/o Mr. J. T. Orr Right of Way Manager Department of Highways & Transportation P. O. Box 71 Salem, Virginia 24153 3. Allen B. Fine 81l Pocahontas Avenue, N.E. 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'..L.,8, ~ ..vl0-"J'O"'" Of! .i& r4~ Qlk-,.eeJoA'H<' E A~ NUMBER - 92315325 PUBLISHeR'S FEE - $69.92 BRUCE E MAYER,ATTY 111 VIRGI'HA AVE P 0 BO X 11 804 ROANOKE VA 240n 1804 STATE OF VIRGINIA CITY OF RCANOKE AFF IDA VlT OF P UBLI CA TI ON TIMES [. ;;ORLJ-'jctlS I, !THE UNDERSIGNED) AN OFFICER OF T l'~ES-WORLD CORPORATION, WHICH COR- PORATION IS PUBLISHER Of THE ROANOKE TIM ES I;, WOkLD-N EWS, A OAI L Y N EWSP AP ER PUBLISHED IN ROANOKE, IN THE STATE OF VIRGINIA, 00 CERTIFY THAT THE ANNEXED 'lOTICE WAS PUBLISHED IN SAID NEWSPAPERS ON THE FOlLOWI~G DATES 09/25/87 MORNING 10/02/87 MORNI N G WITNESS, T22:~;:Y C::::~B,E:\ 1987 u_-~;;~C EP' S S ~GN~ TURE~- 'i-Y. oa-? .-: i -~j ~) ') Ii HOTIC.OF PUBLIC HEARING TO WHQ"" ITMAV CONC;ERN: Tho Council of the City of R..nok. will hotel . Public HUlfln" on MoneMV, October 12" I., at 7:30 p.m. or ..soon ~r .. the rnatMr mer be heard, In the Council c.....,..., lit the Munlet,.1 Bulldln". 215 Church Avanu.. S. W.. on'on .ppllatlon to per. mt"-ntly .benclon, vacat.. dlscomlnue anddoMtfIe fol- towfq DUbllc rIPt-ot-wty: An aUty I..... fMt In WIIdttland 34.... fpt In lenothl'tHted be- tween OffI~1 Tn NOI. 3041002 and ....., and any further porflon of Mid .n.y.. It may extend to Ortno. "on- hue on maps other than the City', OfflclalMep. A copy of thl, '........1 I' avail- a"" for publ(ClftlCMCtlon.ln the Offlct of the ,City Clerk. Room 456,. Munldpel Build- InG. AU pertl.. In Interest and citizen' may 'PDHr on the above date ancl. be hHl'd on thaq.,..tIOft. GIYI!N undllrmy MAd till' 23rd cIlIy of _..,..,~ 1917. MeI'YF.,...rkiItr. City Clerk. (5315) . vv-.-:t> NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: The Council of the City of Roanoke will hold a Public Hearing on Monday, October 12,1987, 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: An alley 14.66 feet in width and 349.4 feet in length situated between Official Tax Nos. 3042002 and 3042007, and any further portion of said al ley as it may extend to Orange Avenue on maps other than the City's Official Map. 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 23rd day of September , 1987 Mary F. Parker, City Clerk. Please publish in full twice, once on Friday, September 25, 1987, and once on Friday, October 2, 1987, 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: Mr. Bruce E, Mayer Attorne-y P. 0, Box 11804 Roanoke, Virginia 24022-1804 OffIce 01 rile Oty 0EHk September 24, 1987 Fi Ie #514 Mr. Bruce E, Mayer At torney P. O. Box 11804 Roanoke, Virginia 24022-1804 Dear Mr. Mayer: f am enclosing copy of a report of the City Planning Commission recommending that the Council of the City of Roanoke grant the request of your cl lent, Brabham Petroleum Company, that an alley 14.66 feet in width and 349,4 feet in length situated between Official Tax Nos. 3042002 and 3042007, and any further portion of said alley as it may extend to Orange Avenue on maps other than the City's Official Map, be permanently vacated, discontinued and closed, Pursuant to Resolution No. 25523 adopted by the Counci I of the City of Roanoke at its meeting on Monday, April 6,1981, a public hearing on the abovedescribed request has been set for Monday, October 12,1987, 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 closing, which 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. Sincerely, -R.. ^' "4:1. AN4~ Mary F. Parker, CMC Ci ty Clerk MFP:ra Enc. Proom 456 M.Jnlclpoll3ulldlng 215 Church Avenue. S.W. P.oonoke. Virginia 24011 (703) 961-2541 . Mr. Bruce E. Mayer Page 2 September 24, 1987 cc: Mr. Henry J. Brabham, IV, President, Brabham Petroleum Company, P. O. Box 218, Roanoke, Virginia 24179 Commonweal th of Virginia, c/o Mr. J. T, Orr, Right-of-Way Manager, Department of Highways and Transportation, P. O. Box 71, Roanoke, Virginia 24153 Mr. Allen B. Fine, 811 Pocahontas Avenue, N. E., Roanoke, Virginia 24012 Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Von W. Moody, III, Director of Real Estate Valuation Ms. Susan S. Goode, 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 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, City Planning Commission Ms. Toby A. Brown, Secretary, City Planning Commission Ms. Doris Layne, Office of Real Estate Valuation Office 01 rile City Oer1< August 13, 1987 Fi Ie #514 Mrs, Susan S. Goode Chairman City Planning Co~ission Roanoke, Virginia Dear Mrs. Goode: Pursuant to Ordinance No. 25226, I am enclosing copy of an appli- cation from Bruce E, Mayer, Attorney, representing Brabham Petroleum Company, requesting that an alley 14.66 feet in width and 349.4 feet in length situated between Official Tax No. 3042002 and 3042007, be permanent!y vacated, discont inued and closed. Sincerely, P~A ~~ 1. Mary F. Parker, CMC Ci ty Clerk MFP:ra Enc. cc: Mr. Bruce E. Mayer, At torney, P. 0, Box 11804, Roanoke, Virginia 24022-1804 Mr. John R. Marlles, Agent, City Planning COMmission Ms. Martha P. Franklin, Secretary, City Planning Commission Mr. Rona!d H. Miller, Zoning Administrator Mr. William M. Hackworth, Assistant City Attorney Proom 456 I.'tJnlclpoll3uildlng 215 Church Avenue. S.W. P.oanoke, Virginia 24011 (703) 961-2541 ! : , , --+-:-' .- I I ~~~ciates :. Commerclol.lndustr1al.Rasldunllal Realtors 1007 Dominion Bonk BulI';lIng Iloanoke. Virginia 24011 , . II : I between ___~ol]]!llonwealth of Vi!:B.!!1ia (h~ruinahQr known liS lhtl SOlUer) , and. .u .---'lenr~. Brabham, IV lh"Iuinathlf known as tho Purchaso)rl through EDWIN C. HALL ASSOCIATES, INC.. Agents. I: , i I (:j;1 1,000.00-------) by cash in hand paid, receipt of which is hereby acknowledged, the Purchaser agrees to buy ~n8 the Seller agrees to sell for the sum of .. One .J_~..!<!.~e..<l_._~'w".'.'E)'_.1:h.~usand . a_'.'<!...-,,~!.~.Q.==::.::_:':':'-:-':::::.Dollar5 (~I_L~P....QOQ_.OO=---:) lhe following property. dJrner of Orange Avenue and Hollins Road, Roanoke, Virginia, containing 1.09 acres of 1ind and being identified as Parcel 094. ~he purchase price to be paid as follows: i I 1) ii 2) i: i. Ii I , I Ii II 'I 1:) 'I IDel'!d without Warr~JlltYJ i Seller will convey the above described properly by j;/\l~'1IRk~~lffi\&:<<{IjJx!lmA%l.l{wDk;1.tctlQ\oommJs and settlement of the purchase shall be made at the office 01 EDWIN C. HALL ASSOCIATES Inc.. Agents, on or before __!:J_lI..l!~_3_0~____._____, 19~~, or as soon thereafler as litle can be examined and papers prepared, provided the tille is found free from objections which materially aHectthe marketability thereof, but allowing a reasonable time for c~rrection of objections reported by the title examiner. ' .1 ''f:all'll'lJf''Imgrlil<1 _ j-rg"" '0'1 ~",...."",... . .r..........,."""Y". - ". -I. Seller shall pay for the preparation of the deed ~...d.-.nr ----~..l:-O I<~.w-Uk.:lr.........ft....l.,...qpon<'gr:;ant~ Purchaser shall pay all other closing cost. '1 Seller covenants thai any improvements located on the premises will be in substantially the same condition on thJ date of settlement as at the time of acceptance of this contract and further agrees to bear the risk of loss or damage to~, the property by reason of fire or other casualty unlil final settlement is made. Seller will deliver possession to P~rchaser subject to existing leases, if any. ,![ The parties hereto acknowledge that neither has relied upon any oral representation or agreement by the other or, by the agent, and no such oral representation or agreement shall aHect in any way the terms of this written agreement. This contract may be modified or amended only in writing signed by all parties hereto_ The said Seller and Pyrchaser hereby bind themselves, their heirs, assigns, executors and administrators for the faithful performance of this agreement. . . I If either parly defaults in the performance 01 this contract, he shall pay to tho agent 1110 salos commiSSion to which the agent would have beer elllitledOif the contract had been performed. :. i The above deposit of $___~~~~__made by the purchaser to EDWIN C. HALL ASSOCIATES INC., will be held in escrow and applied to the purchase price. \, The Seller agrees to pay the Agent cash at settfement fOJ hi'L5ervice~,.11 commipsion as agreed to in the Listing A reement or by a separate agreement. I' ~ tUlt!),""" C4'1,rf d.:r:S 6'"..~_-cr WITNESS the Purchaser(s) signature(s) and seal(s) this_ll _day of ;1111.-1--__19-1.2'.___. WITNESS the Seller(s) signature(s) and seal(s) thiS__?-~__day 01__(1-1 <:'''-j___19.:f...l--. SE rn) . PURCHASER 1/,1.. I 1/'1 {-" . (SEAL) ~...:k-~ / (/"_}/v'.. /~,,,b!:' ~(SEAL) o j . (SEAl.) Cor.1MEACIAL - INDUSTRIAL SALES CONTRACT Exhibit C THIS CONTRACT of Sale made and entered into this 1st May 87 _, 19_._.___ day of WITNESSETH In consideration of the sum of One Thou_sand and no/lOO------------------------------ Dollars $1,000.00. on contract signing. $119,000.00 on delivery of the Deed, subject to Purchaser securing fiuancing of his choice in the amount of $120,000.00 within thirty (30) days of contract ex- ecution by all parties. Unless Purchaser notifies Seller that his fiu<.Jllclng has not been approved this contingency shall be deeuled satisfi"d by 5: 30 p.m. on Wednesday, June 3, 1987. Purchaser to pay his own settlement costs. __(SEAL) ___ ____________________(SEAL) AGENT: (SEM_' EDWIN C. HALL ASSOCI,\H:S. l~jC. n ,r-r ',I' I"""""", ,. , r' -.1 .~." TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA J:!ECC1\! : ~ CITY CE;" ::1 PERTAINING TO THE STREET CLOSURE REQUEST OF: '87 ~ilr; 27 1~8:-:3 Request from Brabham Petroleum Company, represented by Bruce E. Mayer, attorney, that an alley running from its intersection with Pocahontas Avenue, N.W" to its southeasterly terminus, approximately 350 feet in length, be permanently vacated, discontinued and closed. COMMONWEALTH OF VIRGINIA ) ) CITY OF ROANOKE ) TO-WIT: The affiant, Martha Pace Franklin, first being duly sworn, states that she is secretary to the Secretary of the City of Roanoke Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of s sl5.l-34l) Code of Virginia (l950), as amended, on behalf of the Planning Commission of the City of Roanoke she has sent by first-class mail on the 24th day of August, 1987, notices of a public hearing to be held on the 2nd day of September, 1987, on the street closure captioned above to the owner or agent of the parcels listed below at their last known address: OWNER, AGENT OR OCCUPANT ADDRESS PARCEL Brabham Petroleum Company Henry J. Brabham, IV, Pres, P, O. Box 218 Vinton, Virginia 24179 Commonwealth of Virginia P. 0, Box 71 c/o Mr. J. T. Orr Salem, Virginia 24153 Right of Way Manager Department of Highways and Transportation Allen B, Fine 811 Pocahontas Ave., NE Roanoke, VA 24012 ~~ ) -121 C)y~ Mar ha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 25th day of August, 1987. 11....... o. J.~ ~. ~, 0.1 -", ~ V-' Notary Public My Commission Expires: ~.-L..." o ;)..It. I '7 '7 6 , \ \ Offlce of rile Oty QEHk October 21, 1987 Fi Ie #51 Mr. Richard E. B. Foster At torney P. O. Box 12247 Roanoke, Virginia 24024 Dear Mr. Fos ter: I am enclosing copy of Ordinance No. 28817, rezoning property located at 23 24th Street, N. W" designated as Official Tax No. 2311102, containing approximately 0.41 acres, from LM, Light Manufacturing District, to RM-4, Residential Multi-Family High Density District, which Ordinance was adopted by the Council of the City of Roanoke on first reading on Monday, October 12, 1987, also adopted by the Council on second reading on Monday, October 19,1987, and will take effect ten days following the date of its second reading. ::"::'~ L Mary F. Parker, CMC Ci ty Clerk MFP:ra Enc. cc: Mr. Theordore J, Edlich, E.xecutive Director, Total Action Against Poverty in the Roanoke Valley, P. 0, Box 2868, Roanoke, Virginia 24001 Norfolk & Western Rai lway, Eight North Jefferson Street, Roanoke, Virginia 24016 Ms. Mary Waynick, 306 Market Street, S, W" Roanoke, Virginia 24011 State Highway Department, 106 24th Street, N. W., Roanoke, Virginia 24017 Mr. M. Patrick Thomas, 4053 Clairmont A.venue, S. W., Roanoke, Virginia 24018 P.oom 456 Io'<Jnlclpoll3ulldlng 215 Church Avenue. S.W. I\oanoke. Vlrglllla 24011 (703) 961-2541 Mr. Richard E, B. Foster Page 2 October 21, 1987 cc: Mr. Gordon N, Dixon, Executive Director, Fifth Planning District Commission, P. O. Box 2569, Roanoke, Virginia 24010 Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling. Jr., City Attorney Mr. Von W. Moody, III, Director of Real Estate Valuation Ms. Susan S. Goode, 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. \Villiam M. Hackworth, Assistant City Attorney Mr. Charles M. Huffine, City Engineer Mr, Ronald H. Mil Ie", Building Commissioner and Zoning Administrator Mr. John R, Marlles, Agent, City Planning Commission Ms. Toby S, Brown, Secretary, City Planning Commission Ms. Doris Layne, Office of Real Estate Valuation \J1l^-~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of October, 1987. No. 28817. AN ORDINANCE to amend S36.l-3, Code of the City of Roanoke (1979), as amended, and Sheet No, 231, 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 LM, Light Manufacturing District, to RM-4, Residential-Multi-Family, High 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 S36.l-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 12, 1987, after due and timely notice thereof as required by S36.l-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 Commis- sion, 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 SS36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 231 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: Property described as an approximately 0.41 acre tract located at 23 24th Street, N.W" designated on Sheet No. 231 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 2311102 be, and is hereby rezoned from LM, Light Manufacturing District, to RM-4, Residential-Multi-Family, High Density District, sUbject to those conditions proffered by and set forth in the Petition to Rezone filed with the City Clerk on August 12, 1987, and that Sheet No, 231 of the Zone Map be changed in this respect. BE IT FURTHER ORDAINED this ordinance shall be void, and of no effect, should Total Action Against Poverty in the Roanoke Valley, Inc., fail to obtain from the City's Board of Zoning Appeals a special exception permit and all variances that might be required for the operation of a group care facility on the subject property within one (1) year of the date of this ordinance. ATTEST: City Clerk. t'(CC":'.:.T'i~: ," . , \:- ;~f" ._' -' UTfC'u,. '87 ....." ',: "'" .', 'x,-- Lj r':,.. ) Roanoke City Plonning Commission October 12, 1987 Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request from Total Action Against Poverty in The Roanoke Valley, represented by Richard E, B. Foster, Attorney, that property located at 23 24th Street, N.W., bearing Official Tax No, 2311102, be rezoned from LM, Light Manufacturing district to RM-4, Residential Multi-Family district, such rezoning to be subject to certain condi- tions proffered by the petitioner. I. Background: A. Petition to rezone was filed on August 12, 1987. B. Purpose of the rezoning is to use an existing building for a 50 bedroom group care facility with potential for expansion (up to 100 persons) to provide transitional shelter and supportive services to persons seeking employment and permanent shelter. C, Proffered conditions are as follows: 1. The rezoned property will be used only for the purpose of operating a group care facility providing transitional shelter and supportive service to persons needing permanent housing, 2. The rezoned property will be operated and supervised by Total Action Against Poverty in the Roanoke Valley (TAP), 3, The rezoning of the property shall be subject to the granting of a special exception permit for a group care facility, P.oom 355 MunicipalOuilding 215 Church Avenue. S.w. P.oanake, Virginia 24011 (7OJ) 981-2344 D. Under the new zoning ordinance, group care facilities are permitted as special exceptions by the Board of Zoning Appeals (BZA) in the RM-4 district provided that there is one thousand square feet of lot area for every three occupants including supervisory personnel; the facility is not located closer than fifteen hundred feet from another group care facility; the facility has one hundred square feet of open space per occupant; parking and exterior activity areas are screened; and parking is adequate to meet the needs of staff and residents, A variance would have to be obtained to accommo- date the projected number of occupants (100). E. Proposed group care facility addresses a critical need identified in the recently completed "Study of Housing and the Homeless" which recommended the establishment of at least one additional transitional housing facility within the calendar year. F. Planning Commission public hearing was held on September 2, 1987. There was no opposition to the rezoning request. G. Planning staff has recommended approval of the requested re- zoning. II, Issues: A. Zoning is presently LM. Zoning in the area to the north, east and west is LM, Zoning to the south is RM. B, Land use is presently commercial, Property to the north and east is vacant. Property to the south is industrial with commercial to the west. The nearest concentration of residential development is the Lansdowne Park apartment complex operated by the Roanoke Redevelopment and Housing Authority located north on 24th Street, C. Utilities are available. Building is existing. D. Traffic is not a significant issue, Most residents are expected to use available mass transportation. E. Neighborhood is a mixture of commercial and industrial uses in the immediate area. The Lansdowne Apartment complex, the only large concentration of residential development in the area, would not be impacted by the proposed use. F, Comprehensive Plan recommends that: 1. Development of neighborhood-based multi-purpose human service centers should be supported, 2. Appropriate services for individuals with special needs should be available in neighborhood settings, 3. Neighborhood character and environmental quality should be protected. Potential changes in land use in or near residential areas should be carefully evaluated and designed to conserve and enhance neighborhood quality, III, Alternatives: A, City Council approve the rezoning request. 1. Zoning becomes conditional RM-4. Special exception and required variance must be obtained from the Board of Zoning Appeals. 2, Land use can only be used for the operation of a group care facility by TAP, Use is subject to receiving a special exception permit and required variance from the BZA. 3, Utilities not affected. 4, Traffic not affected. Additional parking may be required, 5. Neighborhood services for special need persons and at risk groups are provided. Based on the information provided by TAP, the operation is primarily intended to provide transitional housing and job counselling services for residents, 6, Comprehensive Plan followed. B. City Council deny the rezoning request, 1. Zoning remains LM. 2. Land use is restricted to those permitted in the LM district, 3, Utilities not an issue. 4. Traffic not an issue. 5. Neighborhood not affected. 6, Comprehensive Plan followed. IV. Recommendation: The Planning Commission recommended approval of the rezoning request by a vote of 7-0, The existing building on the property was used in the past for intermediate housing making it suitable for the proposed use, Also, the project will provide a needed service to the community. Respectfully submitted, ~ ~~ Susan S, Goode, Chairwoman Roanoke City Planning Commission SSG/JRM/tsb attachments cc: Assistant City Attorney Director of Public Works City Engineer Zoning Administrator Petitioner FOX. WOOTl:N a HART ATTORNllva_AT.UW IlIOANOK., VA. ~..... ,~ . - - .~ '"'r'J'" ." VIRGINIA: IN THE COUNCIL OF THE CITY OF ROANOKE .- ~ '.', ~, RE: Rezoning of a tract of land ) lying at 23 24th Street, N.W. ) from LM, Light Manufacturing ) District to RM-4, Residential ) Multi-Family, High Density ) District, subject to certain ) conditions ) PETITION TO REZONE TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: 1. The petitioner, Total Action Against Poverty in the Roanoke Valley ("TAP"), has a contract to purchase a certain tract of land located in the City of Roanoke, Virginia, containing .4l acres more or less, located at 23 24th Street, NW, and designated on Roanoke City appraisal map as official tax number 2311102, which tract is shown on the plat of survey attached hereto as Exhibit "A". Said tract is currently zoned LM, Light Manufacturing District. 2. Pursuant to Article 7 of Chapter 36.1-690, Code of the City of Roanoke (1979), as amended, the petitioner requests that the said property be rezoned from LM, Light Manufacturing District, to RM-4, Residential Multi-Family, High Density District, for the purpose of using the said property as an existing building and parking facility for a 50 bedroom group care facility to provide transitional shelter and supportive services to persons seeking jObs and permanent shelter. 3. The petitioner believes the rezoning of the said tract of land will further the intent and purposes of the FOX, WOOTEN a HART ATTORNI:V_.AT.LAW ROANOKa, VA. . . city's zoning ordinance and its comprehensive plan, in that it will provide needed housing as recommended in the city's study of housing and homelessness in Roanoke. Further, tional shelter and supportive services to persons needing permanent housing. b. The rezoned property shall be operated and supervised by Total Action Against Poverty in the Roanoke Valley ("TAP"). c. The rezoning of the property shall be subject to the granting of a special exception permit for a group care facility. 5. Attached as Exhibit "B" are the names, addresses and tax numbers of the owners of all lots or property immediately adjacent to or immediately across a street or road from the property to be rezoned. WHEREFORE, the petitioner requests that the above- described tract be rezoned as requested in accordance with 2 the provisions of the zoning ordinance of the City of Roanoke. Respectfu~ly submitted this 12th day of August, 1987. Respectfully submitted, TOTAL ACTION AGAINST POVERTY IN THE ROANOKE VALLEY By: '<g.rA,~--J)G:,r57jr- h-r- Ric ard E. B. Foster ~ Of Counsel Fox, Wooten & Hart P. O. Box 12247 Roanoke, Virginia 24024 (703) 343-2451 Total Action Against Poverty in the Roanoke Valley 702 Shenandoah Avenue, NW P. O. Box 2868 Roanoke, Virginia 24001 , :~~~ ,L...i l T (' /J~r ~'~'I ~I\J..'-' Theodore J. Edlich ~ ~ --i_oG:ul' Executive Director __N \ FOX, WOOTEN &: HART ATTORNCV..AT_LAW RCANOKI:, VA. 3 .... -z:.. ) - ~ o ~ = \SI ~ ~ :i, ... ~ " #~ ~ 1.1 ~ ~ '^~.[ v* ~ ~z~ ~ ........ ~ ^ ...-. ~ ~~ .... ~N ......... .... ~ ~ 1.1 S ~G::. .c<) \ \ \ qp Il> ,fI_" VC~ ~"'~ )-r-- ' !.Ii '" 1O ..J 'J N - < ' <l,'?:: -'(? ,b .pt " erpJ jr" //' // v/-' , ! , ;.. " ... ~. -1.,.,,,-1. ., S / I \ I I \ .."" ~~~ 0" h- ~ 'rr , , , " / ,f , , . \/ " .r--.. Jrd"i"",'l'--- .~/ ,//' \ :1>\ ~~I (5 a: \~~~ I ~ ~ rt ~ 't'\~ N" W 0 \\.'.s ~ iP :r ~~, 0 z I " ~ol - :t ~ ~ \J J It 0 is ., ~ .J l- II 0 I )--' :> )- Z )- Z Z r( Z 0( Q. .J " :r ~ 0( I 0 I 3 v 0 U oJ - , , l...J. ~ ~ '" ;) :[ .. ~I .... ' ~I - 0 ~ r o :l o Q Z Z '" '" J -' , \ \ , , , , .. ---~ --..- \ , , " ,........ , , . , , , , " " , 1 iIJ 4~ - --", / /-- tP-/?' , i"P &. u~ / ,...-;:. . , \ \ \ w - . j~: ...~~ ~... , Y' , ."'r, , , , ;J.pZ . ...~ ,-' . ,;. -- ... -'" ~ g7J1' ~. '';).: -g. \0.\ ...~."',~I ~ -"\\.Y't., . "!l, 'g/l' C( "I,,-e _ .---- " ----- '" -- ..3 - ~ I:,. ~_ ~~ --------~ ---- -" , - , , - ., "",\'!i. r('~'tt ii- -" -"'\ . \~ \\ EXECUTIVE SUMMARY HCMELESS SHELTER - TRANSITIONAL HOOSING PRroEX::T Total 1\ction 1\gainst Poverty, Inc. (TAP) has located and negotiated a selling price for a property located at 23 - 24th Street, NW, (Shaffer's Crossing), known as the Railroad Service Corrpany. The 0.10 story brick building has been used as a railroad worker's transient dormitory but is privately owned, TAP intends to purchase and renovate the building and use it as 24 hour, 365 day a year transitional housing. It will be a 50 bedroan facility (with potential for expansion up to 100 persons). Purpose: The shelter will serve men who are currently haneless or who have only energency shelter available to than, thereby enabling them to receive employment training and/or a job. The major goal of the program will be to assist haneless men to becane self-sustaining and locate pennanent housing. The shelter will provide safe, clean transitional housing, needs assessrrent, counseling, referral and food. In addition, the program will provide day shelter and rehab programs for the haneless year round, The target population will be those who are camdted to "making it on their a.m". A contract will be signed with all residents, clearly stating all expectations of them and what. they will receive in return. Clients: The shelter can house and feed a maxinunn of lOa people. The clients will be those who: a) have had permanent housing in the past and have lost it; b) have had difficulty in locating pennanent housing, or; c) have had access to energency shelter only. Clients will be experiencing housing difficulties for a variety of reasons, such as: loss of job, substance abuse, prior incarceration, lack of education and/or job training, etc. As mentioned, all clients will be required to sign a contract with the program so as to obtain a solid camdtment to becane self-sustaining, permanently housed citizens. programs: Needs assessrrent, counseling and referral to appropriate TAP canponents or outside agencies for whatever assistance is needed to stabilize the person, educational training, employment training and/or job locating services, and housing counseling will be offered to all residents, chiefly by plugging them into existing TAP programs, Meals, showers, hygiene facilities, energency medical care and energency clothing will be offered and available to all residents. Facilities: The building is approximately 6700 square feet per floor, with two floors. Kitchen and Dining: The building has a large kitchen presently equipped to prepare food for lOO people. A dishwasher and a food preparation table, as _11 as other kitchen equipnent will be added. Tables and chairs or benches will be obtained for dining. At present, the building houses a restaurant with counter and stools and a ccmnissary. This area is very adequate for feeding 100 people. The kitchen on site will provide 3 meals a day to residents, including at least one hot rreal, with the possibility of one walk-in hot meal each day for non-hareless hungry people. Bedroans: The building =ntains five bedroans downstairs, sane of which could sleep two people canfortably. Additional space is available downstairs which might be converted into bedroans, as necessary. Thirty-four bedroans are upstairs which can sleep two to four persons. Bathrocms: There are three bathroans downstairs which need sane repair and trodernization. CXte bath is suitable for use by handicapped persons. The upstairs has one large bathrocm with four showers, four sinks, two toilets and two urinals. A utility closet and storage closet will be rerrodeled to provide two additional showers and two =re toilets. Alrrost all of the upstairs bedroans have operational sinks. As required by HUD, the building is not on the National Register of Historic Places, is not in an historic district and is not :inrredi.ately adjacent to a property so listed. The wilding is not in either the lOO-year or the 500-year flood plain, (reference: Flood Insurance Rate Map FIRM Camnmity Panel *510/130/0020C, June l, 1984). Renovations to the building will not jeopardize the continued existence of an endangered or threatened species or be in=nsistent \vi th HUD environnental standards. TAP has applied for a waiver in regard to the use of CDBG funds for repaynent of the =rtgage loan and for renovation of the building. The purchase price of the building is $145,000. The estimated cost of renovation of the wilding is $l20,000. An application has been sul:mitted to the Virginia Housing Developnent Athority (VHDA) for a =rtgage loan, with deferred interest. Grant applications are being sul:mitted to a variety of funding sources, including Federal, State and Foundation grant funding. In-kind =ntributions are being sought. .. . ; PRESENTATICN 'IO TIlE PLANNING CXM.fiSSICN BY E. CABELL BRAND SEPTEMBER 2, 1987 I. Total ktion l\gainst Poverty, Inc. (TAP) has a contract to ];Urchase the land and building located at 23 - 24th Street, N.W. The proposed use of the property is for a 50 bedrocm, group care facility to provide transitional shelter and supportive services to hareless persons seeking jobs and penoanent shelter. The major goal of the program will be to assist hareless rren to !:leccxte self-sustaining and locate pennanent housing. Needs assesSll'ent, counseling, referral, educational and/or enployn-ent training, job locating services, and housing counseling will be offered to all residents, chiefly by plugging them into existing TAP programs or existing area agency programs, as appropriate. II. A canprehensive study of housing and harelessness in Roanoke, Virginia was requested by Mayor Noel C. Taylor in his 1986 State- of-the-City address. The ensuing report was issued in April, 1987. It was concluded that: A) the IlUI'Itler of hareless individuals in the area is on the increase - on a given night in Jarroary, 1987, at least 177 people in Roanoke were haneless and relying on emergency shelters for housing; B) by far, the largest segrrent of this group is single men; C) there are not enough shelter beds to provide safe, adequate shelter year-round for these chronically haneless individuals - together, all the organizations =rently providing emergency shelter to haneless people are equipped to shelter approximately 97 individuals. RecCllt1reIldations resulting frcm these conclusions were: A) the carmunity should increase its emergency shelter bed space by the winter of 1987; B) a catprehensive day facility should be established; C) at least one transitional housing facility should be established within the next year; D) an increased effort should be made to coordinate services to the haneless; E) an in=eased advocacy and outreach effort by agencies which serve special populations arrong the haneless should be made. More specifically, number four, page 57 of the report, in the Recamendations section discusses the transitional housing facility need. The study reports TAP's interest in purchasing and operating such a facility, It states: "This type of housing is desperately needed by many of the at-risk groups represented in this study, This ccmrunity's goal should be the working operation of a least one facility within a year." It is TAP's intention to purchase and operate such a facility, with a projected opening date no later than the first week of Jarroary, 1988, well within the study's reccmrended goal. III. A brick, two story building of approximately 6700 square feet per floor (13,400 total square footage) was constructed on the tract of land at 23 - 24th Street, N.W. around 1937 by the Virginia Supply Ccrrpany for use as a railroad worker' s transient donni tory. This organization operated the facility for an undetennined number of years and then sold it to the Tidewater Rail Corcpany who continued operation of the facility until about 1974. At that time, the facility was purchased by its present owners, the Railroad Service Corrpany, which .. ; continued to operate tile facility as a transient donnitory, ccmni.ssary, restaurant and general rrerchandise sales operation, open 24-hours a day. Five years ago, in 1982, tile second fl=r was closed, leaving only limited. occupancy in tile bedroans on the first fl=r in addition to tile other services previously offered. In March, 1987, all over-night occupancy was discontinued. Restaurant, ccmnissary and sales services continue to be offered and available at tile present time. rJ. T1\P intends to renovate tile building and use it as 24-hour, 365 day a year transitional housing. It will be a 50 bedroan facility. The shelter will house and serve men who are cu=ently hareless or who have only errergency shelter available to them, tilereby enabling them to receive employment training and/or a job. The facility will provide safe, clean transitional housing. Needs assessment, counseling and referral to appropriate TAP carrponents and programs or outside agencies for whatever assistance is needed to stabilize tile person, educational training, employment training and/or job locating services, and housing counseling will be offered to all residents, chiefly by plugging them into existing TAP programs. Meals, showers, errergency n-edi.cal care and errergency clothing will be offered and available to all residents. The target population will be those persons who are firmly ccmni.tted to "making it on tileir own". All residents will be required to sign a contract with the program so as to obtain a solid ccmni.brent fran them to becare self-sustaining, permanently housed citizens. The facility can house and feed a maximum of lOO people. The residents will be those who: a) have had permanent housing in tile past and have lost it; b) have had difficulty in locating permanent housing or; c) have had access to errergency shelter only, Residents will be experiencing housing difficulties for a variety of reasons, such as: loss of job, substance abuse, incarceration, lack of education and/or job training, etc. V. The location of tile .41 acre tract of land is ideal for its proposed usage. No otiler structures are i.mrediately adjacent to or across tile street fran tile proposed facility. The majority of properties in the i.mnediate vacinity are owned by Norfolk & Western Railway and are without structures. The proposed facility will not interfere in any way with area properties nor will it create any significant additional traffic in tile i.mrediate vacinity. The building is not on tile National Register of Historic Places, is not in an historic district and is not i.mrediately adjacent to a property so listed.. l\dditionally, tile land tract is not in either tile 100-year or tile 500-year flood plain (reference: Flood Insurance Rate Map FIRM Community Panel i5l0/130/0020C, June 1, 1984). cw h ffC~ fP~Q0 ROA~aKE TIMfS ~ WC~L9-~EWS M' NW1BER - 92313349 PU3LISHER'S FEE - $7'0.48 RICHARD FOSTER ATTOR~EV P. C. BOX 12247 ROANOKE VA 24024 STATE OF VIRGI~IA C ITV OF ROANOKE AFFIDAVIT OF PUBLICATION I, (THE UNDERSIGNED) AN OFFICER OF TIMES-WORLD CORPORATION, WHICH COR- PORATION IS PUBLISHER OF THE ROANOKE TIMES & WORLD-NEWS, A DAILY NEWSPAPER ;>UBllSHED IN ROANOKE, IN THE STATE OF VIRGINIA, DO CERTIFY THAT THE ANNEXED NOTKE WAS PUBLISHED IN SAID NEWSPAPERS ON THE FOLLOWING DATES 09125/87 MORNING to 10218 7 MO RN IN G WITNESS, TZ2::::_~:::~~~~01 OFFICEF'S SIGNATURE r CITY;:I c " > '87 {'iT! _,q .)c 1i' NOTICE OP PUBLIC HI!ARING TO WHOM IT MAY CONCEIlN: hn....nttotht prov.......ot Ar- tlelo VII of ChapNt' 36.1' COde qf .... City .. ....-.c'ttJt~ .. ameftdld, the Counetl of.... City of Itoenoke will ho~ . Public H,'rln" on Mond..,.. Oc:toMr 11. 1.. at 7:30 p.m., In .... Council Chllmber In the Municipal Bulldl"lII. 215 Church Avonue, S. W.. In .... Mid city, on tM question of razonlng from LM. Ll,ht Manufacturing District, to IIM-4- R..ldenflu.Mu"l-Pam- IIv. High Density, the "lIow- Ing property: .... ~~t.ty 0.41 acre __01_- a,.... ... .'. _To- ""' III..... . ---...".. ~ltrLl.' .... _. ...... 01' ...-..-.....' pubftc 11\..-_1..... .......... of 1M CJtya.rk, Reom .. Munlclp.1 . Bufldltig. All partin In Interat en'dcftllens may .P..... on tha above date end bII hMrcIlIn tha question. GIVRN under my hand this 23rd day Of IePtemberi 1.. MIIry F. P.rker. City Cterk (I"') J~~ NOTICE OF PUBLIC HEARING TO WHOM IT MAY OONCERN: 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 12, 1987, at 7 :30 p.m., in the Council Chamber in the Municipal Building, 215 Church Avenue, S. W., in the said city, on the question of rezoning from LM, Light Manufacturing District, to RM-4, Residential-Multi-Family, High Density District, the following property: An approximately 0.41 acre tract located at 23 24th Street, N. W., and designated as Official Tax No. 2311102. 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 23rd day of September , 1987 . Mary F. Parker, City Clerk Please publish in full twice, once on Friday, September 25, 1987, and once on Friday, October 2, 1987, in the Roanoke Times and World News, Morning Edition, Please send publisher's affidavit to: Pl ease bi 11 to: Ms. Mary F. Parker, City Cl erk Room 456, Municipal 'Building Roanoke, Virginia 24011 Mr. Richard E, B. Foster Attorney P. 0, Box 12247 Roanoke, Virginia 24024 ^ ~ Offlce of rile Oty OEHk September 24, 1987 File #51 Mr. Richard E. B. Poster Attorney P. O. Box 12247 Roanoke, Virginia 24024 Dear Mr. Foster: I am enclosing copy of a report of the City Planning Commission recommending that the Counci I of the Ci ty of Roanoke grant the request of your client, Total Action Against Poverty in the Roanoke Valley, that property located at 23 24th Street, N. W" designated as Official Tax No. 2311102, containing approximately 0.41 acres, be rezoned from LM, Light Manufacturing District, to RM-4, Residential Multi-Family High Density District, such rezoning to be subject to certain conditions proffered by the petitioner. Pursuant to Resolut ion No. 25523 adopted by the Counci I of the City of Roanoke at its meeting on Monday, April 6,1981, a public hearing on the abovedescribed request has been set for Monday, October 12,1987, 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 rezoning, which were prepared by the Ci ty 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. Sincerely, pw.-Ju- ~ "'U ), Mary F. Parker, CMC City Clerk MFP:ra Enc. Proom 456 II<Jnlclpoll3uildlng 215 Church Avenue. S.W. Roanoke. Virginia 24011 (703) 961-2541 Mr. Richard E. B. Foster Page 2 September 24, 1987 cc: Mr. Theordore J, Edlich, Executive Director, Total Action Against Poverty in the Roanoke Valley, P. O. Box 2868, Roanoke, Virginia 24001 Norfolk & Western Railway, Eight North Jefferson Street, Roanoke, Virginia 24016 Ms. Mary Waynick, 306 Market Street, S. W., Roanoke, Virginia 24011 State Highway, 106 24th Street, N. W., Roanoke, Virginia 24017 Mr. M. Patrick Thomas, 4053 Clairmont Avenue, S. W., Roanoke, Virginia 24018 Mr. Gordon N. Dixon, Executive Director, Fifth Planning District Commission, P. O. Box 256.9, Roanoke, Virginia 24010 Mr. W. Robert Herbert, City Manager AIr, Wi lburn C, Dibl ing, Jr., Ci ty At torney Mr. Von W. Moody, fII, Director of Real Estate Valuation Ms. Susan S. Goode, 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 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, City Planning Commission Ms. Toby A, Brown, Secretary, City Planning Commission Ms. Doris Layne, Office of Real Estate Valuation Office of rile City Oerl< August 12, 1987 Fi Ie #51 Mrs, Susan S. Goode Chairman City Planning Commission Roanoke, Virginia Dear Mrs, Goode: Pursuant to Sect ion 36.I-690(e) of the Code of the Ci ty of Roanoke (1979), as amended, I am enclosing copy of a petition and I i.st of proper.ty owners from Richard E. B.. Foster, Attorney, representing Total Action Against Poverty, requesting that a tract of land containing ,41 acres more or less, located at 23-24th Street, N. W., designated as Official Tax No. 2311102, be rezoned from LM, Light Manufacturing District, to RM-4, Residential Multi-Family, High Density Dist,.ict, subject to cer- tain conditions. SinCerelY~ ~~ ""b/- Mary F. Parker, CMC Ci ty Clerk MFP:ra Enc. cc: Mr. Richard E. B. Foster, Attorney, P. O. Box 12247, Roanoke, Vi rg i n i a 24024 Mr, John R. Marlles, Agent, City Planning Commission Ms, Martha P. Franklin, Secretary, City Planning Commission Mr. Ronald H. Miller, Zoning Administrator Mr. William M. Hackworth, Assistant City Attorney Proom 456 M.Jnlclpoll3uildlng 215 Church Avenue. S.W. Proonol<e. Virginia 24011 (703) 961-2541 TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA RECE'\/EU CITY C'E.':' , I f I PERTAINING TO THE STREET CLOSURE REQUEST OF: -87 i;~H;?7 A 8 'i '3 Request from Total Action Against Poverty in the Roanoke ) Valley, represented by Richard E, B. Foster, attorney, ) that property located at 23 24th Street, N.W., and ) designated on Roanoke City appraisal map as official tax ) number 2311102, be rezoned from LM, Light Manufacturing ) District to RM-4, Residential Multi-Family, High Density) District, such rezoning to be subject to certain condi- ) tions proffered by the petitioner. ) COMMONWEALTH OF VIRGINIA ) ) CITY OF ROANOKE ) TO-WIT: The affiant, Martha Pace Franklin, first being duly sworn, states that she is secretary to the Secretary of the City of Roanoke Planning Commission, and as such is competent to make this affidavit of her own personal knowledge, Affidavit states that, pursuant to the provisions of s sl5,l-34l) Code of Virginia (l950), as amended, on behalf of the Planning Commission of the City of Roanoke she has sent by first-class mail on the 24th day of August, 1987, notices of a public hearing to be held on the 2nd day of September, 1987, on the street closure captioned above to the owner or agent of the parcels listed below at their last known address: PARCEL OWNER, AGENT OR OCCUPANT ADDRESS 2311310 2311320 2311311 2311312 Norfolk & Western Railway 8 Jefferson Street Roanoke, VA 24016 2311101 Mary Waynick and Natalie Foster 306 Market St., SW Roanoke, VA 24011 2311015 State Highway 106 24th Street, NW Roanoke, VA 24017 2311014 M. Patrick Thomas 4053 Clairmont Ave. Roanoke, VA 24018 Yft~~.?y~ Mar~ Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 25th day of August, 1987. ~...-..... ....O'I"O,.lI~Q.J Notary Public My Commission Expires: ~:l.~ l'i"]o '" I ~ ~ Offlce eX rile Oty OEHk October 21, 1.987 Fi Ie #514 Mr. \V, Robert Herbert Ci ty Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 28818, permanently vacating, discontinuing and closing Shadeland Avenue, N. W., approximately 845 feet in length, 50 feet wide, from 10th Street, N. W., to its easterly terminus, which Ordinance was adopted by the Council of the City of Roanoke on first reading on Monday, October 12, 1.987, also adopted by the Council on second reading on Monday, October 19, 1987, and will take effect ten days following the date of its second reading. Sincerely, (j {~ ,......\ ~ J, Mary F. Parker, CMC Ci ty Clerk MFP:ra Enc. cc: Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Von IV. Moody, fII, Director of Real Estate Valuation Ms. Susan S. Goode, 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 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, City Planning Commi~sion Ms. Toby S, Brown, Secretary, City Planning Commission Ms. Doris Layne, Office of Real Estate Valuation MIL. Jeltome S. Howaltd, JIt" Comm~h,[onelt 06 Revenue Proom 456 I.'<Jnlclpoll3uildlng 215 Church Avenue. S.W. Proonoke. Virginia 24011 (703) 961-2541 , '. y.:~ \,l 8K1571P6 011 30 44Gb RECEI\/EQ,_ _,_, rlTY r " ...'" ' The 19th day of October, 1987. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, '87 ,,' I\~ 'j ~ No, 28818. 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, City of Roanoke 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 S30-14, 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 12, 1987, after due and timely notice thereof as required by S30-14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on said application; and WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public 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. BK1571P8 01131 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: Shadeland Avenue, N. W., approximately eight hundred forty-five (845) feet in length, fifty (50) feet wide, from 10th Street, N. W., to its easterly terminus. 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 damage~ 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. . SK1571P6 01132 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 City of Roanoke, and the names of any other parties in interest who may so request, as Grantees. ATTEST: ",~:J ~ Ci ty Clerk. ':139 S. TAX S .,. So AOO. TAX S t14 Co TAX S "~20 C. ADO. TAX $ ..ell FEE $ 11:t T1WISf'ER S. . CO.H:lO.TAXS TOTAL S - In the Clerk's Offi~~ircuit ~rt for tbe City 01 RoInoke, VI., 0 p r,2 ",19 (!is'? this instrument was presented. with the Certificate of acknow~2! thereto~n xed and admitted to record It "".' I . o'eloc :M. I hereby qlf'tlfy that the tax imposed under . 58.1-801 and See. 58.1-802 have been paid to this office Tftte:~ Pl]==:. n ,Clerk ~ 'J ~ a , Deputy Clerk , \ Offtce oIlhe Ory Geo!< October 21, 1987 Fi Ie #514 Miss Patsy Testerman Clerk of the Circuit Court Roanoke, Virginia Dear Miss Testerman: I am attaching copy of Ordinance No. 28818, for proper recor- dation in your office, which provides for the permanent vacating, discontinuing and closing of Shadeland Avenue, N. W., approxima- tely 845 feet in length, 50 feet wide, from 10th Street, N. W., to its easterly terminus, which Ordinance was adopted by the Counci 1 of the Ci ty of Roanoke on fi rs t reading on Monday, October 12,1987, also adopted by the Council on second reading on Monday, October 19, 1987, and wi 11 take effect ten days following the date of its second reading. Sincerely, P CV1k- r"\ ~;7. Mary F. Parker, Ci ty Clerk CMC MFP:ra Enc. cc: Mr. W. Robert Herbert, City Manager Mr. William R. Hackworth, Assistant City Attorney Room 456 M.Jnlclpalllulldlng 215 Ouch Avenue. S.W. Roanoke. Virginia 24011 (703) 981-2541 .C~-! ~ CITY (' r:~ '. ]i ~- '87 ?; :~;)" Roanoke City Planning Commission October 12, 1987 The Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request from the City of Roanoke, represented by W. Robert Herbert, City Manager, that Shadeland Avenue, N.W., approximately eight hundred forty-five (845) feet in length, fifty (50) feet wide, from 10th Street, N.W. to its easterly terminus, be permanently vacated, discontinued and closed. I. Background: A. Shadeland Avenue, as requested for closure, is located in the Northwest section of the City and extends in an easterly direction from 10th Street, N.W. for an approximate distance of 845'. B. Street section is paved and has a right-of-way width of 50'. C. Street section is situated in a low lying area that is prone to flooding. Street section flooded on November 4, 1985 inundating the immediate street area and resulting in the loss of life and extreme property damages. D. City has determined that the area should be cleared of resi- dences and utilized as a flood water control basin. II. Current Situation: A. Application was reviewed by the Planning Commission at its regular meeting of September 2, 1987. B. City of Roanoke has acquired all of the properties situated adjacent to this section of street. C. Houses situated adjacent to this section of street are being moved and/or razed to clear the area for future use as a flood water control basin. Room 355 Municipal [}uilding 215 Church Avenue, S,W. Roanoke, Virginia 24011 (700) 981-2344 . . October 12, 1987 Page 2 D. Proposed conversion of this Shadeland Street N.W. area into the Lick Run Dry Basin, with other drainage improvements in the watershed, will significantly decrease the probability of damage from future flooding in the immediate and downstream areas. III. Issues: A. Neighborhood Impact. Closure will have no adverse impact on the neighborhood. I. Residents have relocated and all adjacent properties have been purchased by the City. 2. Street cannot be used for residential (neighborhood) purposes. 3. Conversion of the street and adjacent low-lying areas into a flood control basin area will provide increased safety and security from future flood conditions for the residents of the adjacent neighborhoods. B. Traffic Impact. Closure will have no impact on traffic needs. I. Street was originally a dead-end street. 2. Street served only the adjacent properties. C. Utilities within the public right-of-way. 1. City of Roanoke has sewer lines and water lines within the street right-of-way. a. City Water Department states that this water line will be abandoned. b. Sewer line easements should be retained. 2. Appalachian Power Company has utilities within the street right-of-way. Easement should be retained. D. Creation of a dead-end street. The closure will not create a dead-end street. E. Land use: I. Remedial action being taken by the City to remove all inhabitants and to clear this street area for future use of the land as a flood water control basin is a positive and proper step in reducing a potential threat to life and property within the area. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: ) ) Application of the City of Roanoke, Virginia) for vacation of Shadeland Avenue, N.W. ) ) APPLICATION FOR VACATING, DISCONTINUING AND CLOSING OF STREET MEMBERS OF COUNCIL: The CITY OF ROANOKE, VIRGINIA, by Counsel, applies to have Shadeland Avenue, N.W., in the City of Roanoke, Virginia, permanently vacated, discon- tinued and closed, pursuant to Virginia Code Section 15.1-364 and Section 30-14, Code of the City of Roanoke (1979), as amended. This street is more par- . ticularly described on the map attached and as follows: Shadeland Avenue, N.W., approximately eight hundred forty-five (845) feet in length, fifty (50) feet wide, from 10th Street, N.W. to its easterly terminus. Reserving to the City necessary sanitary sewer easements for the two (2) sewer lines existing in the street. The City of Roanoke, Virginia states that the grounds for this application are as follows: 1. The City of Roanoke has acquired all properties fronting upon and served by this street. ... 2. The property on this street, formerly a residential neighborhood, has been vacated and the structures are being removed. 3. Property on Shadeland Avenue, N.W. was flooded in the 1985 Flood resulting in loss of life and severe property damage. The City of Roanoke desires to clear the property and install the Lick Run Dry Basin which, with other drainage improvements in the watershed, will decrease the probability of damage from future flooding. Page 2 WHEREFORE, the City of Roanoke, Virginia respectfully requests that the above described Shadeland Avenue, N.W., 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, BY: CITY OF ROANOKE, VIRGINIA ~'-'J cl,.j ),L L 1- CITY MANAGER A'~A".:t-g /9P7 DATE J t - "'.~' "....'_- ,- ~ I '. II : ~fj .. Ib' i r:1 ~ J H = ~: a i .. 'l:~~ " --:: !.- " I ...... ~ ~ I" t- P -.. a- r.-:. 'I ....... ' - - . ~.. -- '/". ~ '. ........t'..~.. .... -f", /v . ~, ill '.. ..... . I, '.. ')} J .~ . -.., / ...I / :! ,} F~~ ~ ~.e /;/'f7:-- .---- -----(' ~. '~f"'o-.- "" \--, , , , " , "6r... '. 1;1 I~ -.-... _"" !, ' K t~~.s.~.,. '. -"- "-. . I '" )\ ,- ..~~."#.~ "...-:..-............. : ' ~..l.. ~#"'.'.# · r ..-'.., ~,.,;.. ~:. ..___..... ': 1 t.. "-" . . .... r'---..'!..i...;~...,.._ ......:..J, . / ..' I~ 'i S??o.s.? . ,. f....e,,.. ~ ...... _,v. 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WORLD-NEWS, A DAILY NEWSPAPER PUBLISHED IN ROANOKE, IN THE STATE OF VIRGINIA, DO CERTIFY THAT THE ANNEXED ~OTICE WAS PUBLISHED IN SAID NEWSPAPERS ON THE FOLLOWING OATES 09/25/87 MORNING 10/02187 MORNING WITNESS, T:::~~:C:~:~._.__~~ OFF IC ER' S SIGNATURE T NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: The Council 'of' the City of RHRoka will hold . Public Hurln" on Mondllv, Octo..., 12. 1917, at 7:30 p,m. or a'lOOn therMlt.,. .. the ....tter rnIIy be hurd, In the Council Chamber In the MunlclDal Building, 215 Church Avenue, S. W;, on an application to per- manantly abandon, "acat., discontinue and clo.. 'the fol- lowfng public rlaht-of-wey: Shade.nd Avenue, N. W.. ap- proxlmat.ly e'ght hund'" f.rty-flve tM) ftM In length,. flfty (ID) ,... wid.. 'rem 10th StrHt, N. W., to Its ",'arty termlnu.. A CoPV 0' this propoulft; aWlII- abte for public Inspectton In the 0Htc:e of .tMClty Citric. Roe>>m.... MunlC;1pe1 BIIIICI- Ing. "" parties 'nlnte,..., anCl ettlnnl may appear on the abOve Cllte anet be hMrCl on the quesHon. GiVeN uncler my hanCl thls.CI dliy of .......r; t.. MflyF.".rker. CItY Clerk. ' (ItIe) ., .J.. s,\l NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: The Council of the City of Roanoke will hold a Public Hearing on Monday, October 12,1987, at 7:30 p.m. or as soon thereafter as the matter may be heard, in the Counci I 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: Shadeland Avenue, N. W., approximately eight hundred forty-five (845) feet in length, fifty (50) feet wide, from 10th Street, N. W., to its easterly terminus. 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 23rd day of September , 19~ Mary F. Parker, City Clerk. Please publiSh in full twice, once on Friday, September 25, 1987, and once on Friday, October 2, 1987, 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 Offlce oIlhe Ory 0e0I< September 24, 1987 File #514 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of a report of the City Planning Commission recommending that the Counci 1 of the Ci ty of Roanoke grant the request of the Ci ty of Roanoke that Shade land Avenue, N. W., approximately 845 feet in length, 50 feet wide, from 10th Street, N. W., to its easterly terminus, be permanently vacated, discon- tinued and closed. Pursuant to Resolution No. 25523 adopted by the Council of the City of Roanoke at its meeting on Monday, April 6,1981, a public hearing on the abovedescribed request has been set for Monday, October 12, 1987, at 7:30 p.r:1., in the Council Chamber, fourth floor of the Municipal Building. For your information, I am also attaching copy of a notice of the public hearing and an Ordinance providing for the closing, which were prepared by the City Attorney's Office. Sincere ly, (l~1~ ~~J. Mary F. Parker, Ci ty Clerk CMC MFP:ra Enc. cc: Mr. Wi lburn C. Dibl ing, Jr., Ci ty At torney Mr. Von W. Moody, Ill, Director of Real Estate Valuation Ms. Susan S. Goode, 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 Roam 456 M.Jnlclpalllulldlng 215 Church Avenue. S.W. Roanoke. Virginia 24011 <7(3) 981-2541 Mr. W. Robert Herbert Page 2 September 24, 1987 cc: 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, City Planning Commission Ms. Toby A. Brown, Secretary, City Planning Commission Ms. Doris Layne, Office of Real Estate Valuation . OffIce oIlhe Ory Oeo!< August 5, 1987 File #514 Mrs. Susan S. Goode Chairman City Planning Commission Roanoke, Virginia Dear Mrs. Goode: Pursuant to Ordinance No. 25226, I am enclosing copy of an appli- cation from the City of Roanoke, Virginia, requesting that Shadeland Avenue, N. W., approximately 845 feet in length, 50 feet wide, from 10th Street, N. W., to its easterly terminus, be permanently vacated, discontinued and closed. r--. ~ J. p~ Sincerely, Mary F. Parker, CMC City Clerk MFP:ra Enc. cc: Mr. W. Robert Herbert, City Manager Mr. John R. Marlles, Agent, City Planning Commission Ms. Martha P. Franklin, Secretary, City Planning Commission Mr. Ronald H. Miller, Zoning Administrator Mr. WilliamM. IIackworth, Assistant City Attorney Roam 456 M.Jnlclpalllulldlng 215 Olurch Avenue. S.W. Roanoke. Vloglnla 24011 (703) 981-2541 INTERDEPARTMENTAL COMMU~rftt'{o/C'~t L , ~ >-L." - DATE: July 16, 1987 '87 n '!1 -4 ".9 '1..,;" TO: Mary F. Parker, City Clerk LlJ?A- W. Robert Herbert, C1ty Manager p$ FROM: THRU: Wilburn C. Dibling, Jr., City Attorney RE: Street Closing Petition Shadeland Avenue, N.W. 1. Background: f A. Land acquisition of all properties fronting on, or served by, Shadeland Avenue, N.W. has been accomplished. B. Removal of structures is in progress. C. All properties in area, including area of street, will be affected by construction of Lick Run Dry Basin. II. Current Situation: A. Public cannot be easily prevented from entering a dedicated public street. This has created security problems. B. Street must he removed to permit construction. c. Application for vacating, discontinuing and closing street is attached. D. Request that fee be waived. III. Recommendation: Accept attached original and one (I) copy of the application for vacating, discontinuing and closing Shadeland Avenue, N.W., waive the processing fee and proceed with the normal procedures for processing such applications. Bill for advertising costs should be directed to Richard V. Hamilton, Right of Way Agent, Engineering Department, Room 350, Municipal Building, etc. WRH/RVH/hw Attachments cc: City Attorney Director of Finance Director of Utilities and Operations Director of Public Works Manager, Community Planning ~ OffIce oIlhe Ory Geo!< October 21, 1987 Fi Ie #51 Mr. W. Robert Herbert Ci ty Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 28819, amending Division 3, Commercial District Requlations, of Article II, District Requlations, of Chapter 36.1, Zoninq, Code of the City of Roanoke ( 1979), as amended, in order to amend certain of the zoning regu- lations pertaining to the CN, Neighborhood Commercial Districts, which Ordinance was adopted by the Council of the City of Roanoke on first reading on Monday, October 12, 1987, also adopted by the Council on second reading on Monday, October 19,1987, and will take effect ten days following the date of its second reading. ;;n~eIJ. (J~ Mary F. Parker, CMC Ci ty Clerk MFP:ra Enc. cc: Mr. Wi lburn C. Dibl ing, Jr., Ci ty At torney Mr. Donald S. Caldwell, Conmonwealth's Attorney Mr. Raymond F. Leven, Public Defender, Suite 4B, Southwest Virginia Building, Roanoke, Virginia 24011 The Honorable Kenneth E. Trabue, Chief Judge. Circuit Court, 305 East Main Street, Salem, Virginia 24153 The Honorable James W. Flippen, Chief Judge, Juvenile and Domestic Relations District Court The Honorable Edward S. Kidd, Jr., Chief Judge, General District Court Room 456 M.Jnlclpalllulldlng 215 O1urch Avenue. S.W. Roanoke. Virginia 24011 (703) 981-2541 Mr. W. Robert Herbert Page 2 October 21, 1987 cc: The Honorable Jack B. Coulter, Judge, Circuit Court The Honorable Clifford R. Weckstein, Judge, Circuit Court The Honorable Roy B. Willett, Judge, Circuit Court The Honorable G. O. Clemens, Judge, Circuit Court, P. O. Box 1016, Salem, Virginia 24153 Miss Patsy Testerman, Clerk, Circuit Court Ms. Patsy Bussey, Clerk, Juvenile and Domestic Relations District Court Mr. Ronald Albright, Clerk, General District Court Mr. Bobby D. Casey, Office of the Magistrate, P. O. Box 13867, Roanoke, Virginia 24037 Ms. Clayne M. Calhoun, Law Librarian Mr. Robert L. Laslie, Vice President - Supplements, Municipal Code Corporation, P. O. Box 2235, Tallahassee, Florida 32304 Mr. Gordon N. Dixon, Executive Director, Fifth Planning District Commission, P. O. Box 2569, Roanoke, Virginia 24010 Mr. Von W. Moody, Ill, Director of Real Estate Valuation Ms. Susan S. Goode, 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 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, City Planning Commission Ms. Toby S. Brown, Secretary, City Planning Commission Ms. Doris Layne, Office of Real Estate Valuation ~ :l IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of October, 1987. No. 28819. AN ORDINANCE amending Division 3, Commercial District Regulations, of Article II, District Regulations, of Chapter 36.1, Zoning, Code of the City of Roanoke (1979), as amended, in order to amend certain of the zoning regulations pertaining to the CN, Neighborhood Commercial Districts. BE IT ORDAINED by the Council of the City of Roanoke that 536.1- 164, Permitted uses, and 536.1-165, Special exception uses, of Divi- sion 3, Commercial District Regulations, of Article III, District Regulations, of Chapter 36.1, Zoning, be amended, and a new 536.1-174, Special requirements for neighborhood Shopping centers, be added to said Division, to read and provide as follows: 536.1-164. Permitted uses. The following listed uses shall be permitted as principal uses in the CN district. Unless otherwise stated, the maximum gross ground floor area (the "foot- print") of any new structure shall be five thousand (5,000) square feet: * * * (23) Food stores with a gross ground floor not greater than fifteen thousand (15.000) square feet, unless within a neighborhood shopping center, in which case the provi- sions of 536.1-174 shall apply. * * * (27) Neighborhood shopping centers with uses permitted by this section, subject to the re- quirements of 536.1-174. 536.1-165. Special exception uses. The following uses may be permitted by special exception granted by the Board of Zoning Appeals, subject to the requirements of this section: (1) For any permitted use, other than ones within a neighborhood shopping center to which the provisions of 536.1-174 apply. structures with gross ground floor area greater than that permitted by 536.1-164, provided that: (a) the minimum lot area is ten thousand (10.000) square feet: (b) lot coverage does not exceed sixty (60) percent; (c) the proposed development plan conforms with the intent of the CN district regu- lations and the comprehensive plan: and (d) the use will not create demands which will exceed the capacity of existing streets and utilities. * * * 536.1-174. Special requirements for neighborhood shoppin~ centers. The following requirements shall apply to neigh- borhood Shopping centers: (1) The minimum lot area for a neighborhood shopping center shall be sixty thousand (60,000) square feet. (2) The average gross ground floor area of all businesses, not including a permitted food store, in a neighborhood shopping center shall not exceed five thousand (5,000) square feet. (3) One food store, greater than fifteen thousand (15,000) square feet but not exceeding twenty-five thousand (25.000) square feet in gross ground floor area, shall be permitted in a neighbor- hood shopping center. (4) One business of up to ten thousand (10,000) square feet in gross ground floor area shall be per- mitted in a neighborhood shopping center, in addition to a food store and other permitted uses. ATTEST: City Clerk. , fiC~::I.L'.; CITY C~ F~":, \.1:"- '87 ,.j" 23 1.' ',', Roanoke City Pionning Commission October 12, 1987 The Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Proposed amendments to Chapter 36.1 Zoning, Sections 36.1-164 and 36.1-165, and the adoption of a new Section 36.1-174, amending the regulations pertaining to the CN Neighborhood Commercial District, in order to provide for neighborhood shopping centers in such district. 1. Background A. City Council adopted a comprehensive revision of the zoning regulations on April 20, 1987. B. CN Neighborhood Commercial District designation for the Grandin Village commercial area was deleted from the Ordinance and referred back to the Planning Commission for further study in an effort to address concerns of residents in the area. C. Intent of the CN Neighborhood Commercial District is to main- tain and encourage neighborhood-oriented shopping areas that are compatible in terms of size and scale with surrounding residential areas. The CN District regulations require that all new structures with a gross ground floor area over five thousand (5,000) square feet must obtain a special exception from the Board of Zoning Appeals. D. Planning Staff has met with residents and representatives of the Greater Raleigh Court Civic League on three occasions to address concerns and discuss proposed changes to the CN Dis- trict regulations. Changes are necessary because; I. the existing CN District regulations do not include specific guidelines to assist the Board of Zoning Appeals in determining whether a special exception should be granted for structures with a gross ground floor area over five thousand (5.000) square feet; 2. the existing CN District regulations do not provide for the development of neighborhood shopping centers. Room J55 MunicipalOuilding 215 Church Avenue, 5,W, Roanoke, Virginia 24011 (70.3) 981-2344 October 12, 1987 Page 2 II. Current Situation A. Ordinance and Names Subcommittee of the Planning Commission carried out a review of the proposed amendments and recom- mended them to the Planning Commission for review on August 5, 1987. B. Planning Commission held a public hearing on August 19, 1987 to consider proposed amendments to the CN Neighborhood Commercial District (attached). In addition to clarifying the language of the CN District regulations, the proposed amendments would permit the development of neighborhood shopping centers and would provide specific guidelines for the Board of Zoning Appeals to consider before granting a special exception for structures with a gross ground floor area exceeding five thousand (5,000) square feet. No residents spoke in opposition to the proposed amendments. C. Staff has briefed interested residents and representatives of the Greater Raleigh Court Civic League and has distributed drafts of the proposed amendments. III. Issues A. Zoning. B. Land Use and Development. C. Comprehensive Plan. D. Neighborhood. IV. Alternatives A. City Council approve the proposed amendments to the CN Neigh- borhood Commercial District. 1. Zoning requirements for the CN Neighborhood Commercial District will be affected. Proposed amendments clarify the language of the regulations, permit the development of "neighborhood shopping centers" and provide specific guidelines for the Board of Zoning Appeals to consider before granting special exceptions for larger commercial structures. 2. Land Use and development in Neighborhood Commercial Dis- tricts would be enhanced by accommodating "neighborhood shopping centers"as an additional permitted use. 3. Neighborhoods adjacent to CN Neighborhood Commercial Dis- tricts will benefit from the proposed amendments. The additional guidelines for the Board of Zoning Appeals to consider before granting a special exception for struc- October 12, 1987 Page 3 tures with a gross ground floor area over five thousand (5,000) square feet will help ensure compatibility between larger commercial structures and surrounding residential areas. 4. Comprehensive Plan would be followed by helping to ensure that appropriate small-scale development of needed neighborhood services are provided. B. City Council deny the proposed amendments to the CN Neighbor- hood Commercial District. 1. Zoning requirements for the CN Neighborhood Commercial District would be unchanged. The development of neigh- borhood shopping centers in such areas will not be possible. Potential for commercial structures which are out of scale and incompatible with surrounding commercial and residential development would continue. 2. Land Use and development would be unchanged. 3. Neighborhoods will be affected. Potential for incompa- tible commercial development out of scale and character with surrounding residental development will continue. 4. Comprehensive Plan would not be followed. V. Recommendation By a vote of 5-0 (Messrs. Waldvogel and Jones absent) the Roanoke City Planning Commission voted to recommend approval of the pro- posed amendments to the CN Neighborhood Commercial District. The proposed amendments address the concerns of the residents in the area and help further the intent of the City's Comprehensive Plan. Respectfully submitted, ~~'.J<l )<:l..f "oe<.- Susan S. Goode, Chairwoman Roanoke City Planning Commission SSG/JRM/tsb cc: City Manager Assistant City Manager City Attorney Assistant City Attorney Director of Public Works Zoning Administrator . PE':EiiE: ClTY (F : ,:~ ~--:i-':-. '87 ":0 -9 \J;:> C~' Roanoke City Plonning Commission September 9, 1987 The Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council; Subject: Proposed amendments to Chapter 36.1 Zoning, Sections 36.1-164 and 36.1-165, and the adoption of a new Section 36.1-174, amending the regulations pertaining to the CN, Neighborhood Commercial District. I would like to request that consideration of the above items be tabled and rescheduled for public hearing on Monday, October 12, 1987. All interested parties have been notified of this request. Sj= 1 b~~ Susan S. Goode, Chairwoman Roanoke City Planning Commission Room 355 Municipall3uilding 215 Church Avenue. s,w. r..oanoke. Virginia 24011 (700) 981-2344 ~O^\G~: TI"CS ~ ~CRlD-\!~~S A:' ~WMfJ[F R26178'1? PUBL ISHEE' S ~F [ - $69.Cli ( I' fi,:-CEi'l( " I Y.. r',,' 'i r' .- '87 \:',1 14 {'II _" C 1 T Y {] F F1 MJUK F C/O MA F Y F P AF Kf R CITY CLEF~.5 CFFIeE RCOM 456 MUNICIPAL fJLJG FCANGKE VA 2'tOll STATE Of VIRGINIA : IT Y OF ROANOKE AFFIDAVIT OF PUBLICATION 1, (THE ur.jDcFSIG"JEDI Mj eFFICFR OF T IMES-IoJOhLD COFPOFATlON, WHICH COF- porATIOt'; IS ;oUBLISIIEF GF THE ROANOKE T1.'1ES [. wORLD-NEWS, A DAILY NEWSPAPER PUBLISHED IN F['ANJ~.f, IN THF STATE OF VIRGINIA, DO CERTIFY THAT THE ANNEXED ~OT ICE WAS PURL ISHE[l HJ SAID NEWSPAPERS IN THE rOLLowI"JG DATES 08/28/87%PJ1ING 119/ 04/8 7 Me r:JIN G wITNESS, THIS 8TH f'1i\Y OF SEPTEMBER 1987 ~~t~~_________ OFFICFP,'S SIdl<\ATUEE NOTICE OF PUBL.IC HEARING TO V'iJiOM IT MAY CONCERN: Thtt toul\ClI of the Cltv, Of rtHnok. will hold . public h..rlng OR Monctw, Sept'm- bet,l4. l_. .t 7:30 p.rn.. or's soon f.......fter.. the" "",tN, mey be _rtt.: In ~Councll Ch.mber.FourHtFIoot. Mu. nlelpel Bulldln,,_ 215 Church Av.nIM, $. W.. In order to con- Ild.r' propoMcl .m.ndm,nts to Cheoter 36.1, ~Inll. Sec- tIORI36..H64ud 36. T"_165, .nd the .doptlon Of . n~ Sltetlon 36.1-174. .m.ndlng th. regul.- tlonl' pert.lnlng to the CN, N.,,,hborhood Commerc!.1 DlltrlCt, In order to prOYf<<e for n.lghborhood. Shopping c.nte,. In. auch- district end qth.rwlu to.mend '!h. eN ,~ ~ NOTICE OF PUBLIC HEARING TO WHOM IT MAY OONCERN: The Council of the City of Roanoke will hold a public hearing on Monday, September 14, 1987, at 7:30 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber, Fourth Floor, Municipal Building, 215 Church Avenue, S. W., in order to consider proposed amendments to Chapter 36.1, Zonin~, Sections 36.1-164 and 36.1-165, and the adop- tion of a new Section 36.1-174, amending the regulations per- taining to the CN, Neighborhood Commercial District, in order to provide for neighborhood shopping centers in such district and otherwise to amend the CN District regulations. A copy of the proposed amendments is available for re- view 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. Please publish in full twice, once on Friday, August 28, 1987, and once on Friday, September 4, 1987, in the Roanoke Times and World News, Morning Edition. Mary F. Parker Ci ty CI erk Please send publisher's affidavit to: Pl ease bi 11 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 ~ Offlce oIlhe Ory 0e0I< October 21, 1987 Fi Ie #51 Ur. Edward A. Natt At torney 1919 Electric Road, S. W. Roanoke, Virginia 24018 Dear Mr. Natt: I am enclosing copy of Ordinance No. 28820, rezoning property located at 3804 Brandon Avenue, S. W" bearing Official Tax No. 5180304, and containing approximately 18.3 acres, from RS-l, Residential Single Family District, to RM-2, Residential Multi-Family District, which Ordinance was adopted by the Council of the City of Roanoke on first reading on Monday, October 12, HI87, also adopted by the Council on second reading on Monday, October 19,1.987, and will take effect ten days following the date of its second reading. ~":;,;. L Mary F. Parker, CMC Ci ty Clerk MFP:ra Enc. cc: CSW Associates, P. O. Box 1046, Grundy, Virginia 24614 TEG Corporation, c/o Gurtner Graphics, P. O. Box 4669, Roanoke, Virginia 24015 The Church of Jesus Christ of Latter Day Saints, 50 East North Temple, Salt Lake City, Utah 84150 Mr. & Mrs. Edward F. Lovill, 3501 Loblolly Lane, S. W" Roanoke, Virginia 24018 Mr. & Mrs. W. J. Blades, 3502 Loblolly Lane, S. W" Roanoke, Virginia 24018 Ms. Mary W. McNeil, c/o Mr. J. T. Meadows, Jr., 801 State and City Building, Roanoke, Virginia 24011 Roam 456 M.Jnlclpalllulldlng 215 OIlJlch Avenue. S.W. Roanoke. VirgInia 24011 (703) 981.2541 Mr. Edward A. Natt Page 2 October 21, 1.987 cc: Mr. & Mrs. Herman Wertz, 3507 Valentine Road, S. W., Roanoke. Virginia 24018 B. J. King Contractors, Inc.. .3512 Brambleton Avenue, S. W., Roanoke, Virginia 24018 W. J. Jolly and G. O. Clemens, Trustees. c/o Ms. Lucy Ellett and Mr. T. H. Kemper, 3752 Lee Highway, S. W" Roanoke. Virginia 24018 Mr. Ernest M. Proffit and Ms. Cora O. Chaves. 3347 Valentine Road, S. W., Roanoke. Virginia 24018 Ms. Bonnie L. Mann, Mr. Alvin E. Mann and Ms. Betty P. Mann, 3339 Valentine Road, S. W., Roanoke. Virginia 24018 Mr. & Mrs. Ed Lovell, 3501 Loblolly Lane. S. W., Roanoke, Virginia 24018 Ms. Danielle Rand. 3571 Mudlick Road, S. W" Roanoke, Virginia 24018 Mr. Gordon N. Dixon, Execut ive Director, Fifth Planning District Commission, P. O. Box 2569, Roanoke. Virginia 24010 Mr. W. Robert Herbert, City Manager Mr. Wi lburn C. Dibl ing, Jr.. Ci ty At torney Mr. Von W. Moody. Ill, Director of Real Estate Valuation Ms. Susan S. Goode, 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 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, City Planning Commission Ms. Toby S. Brown. Secretary, City Planning Commission Ms. Doris Layne, Office of Real Estate Valuation ~\1. UJ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of October, 1987. No. 28820. AN ORDINANCE to amend S36.1-3, Code of the City of Roanoke (1979), as amended. and Sheet No. 518. Sectional 1976 Zone Map. City of Roanoke. to rezone certain property within the City, subject to cer- tain conditions proffered by the applicant. WHEREAS, application has been made to the Council of the City of Roanoke to have the hereinafter described property rezoned from RS-l. Residential Single-Family District, to RM-2, Residential-Mu1ti-Family. Medium 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 S36.1-693, Code of the City of Roanoke (1979), as amended and after conducting a public hearing on the matter. has made its recommendation to Council; and WHEREAS, a public hearing was held on said application by the City Council at its meeting on October 12, 1987, after due and timely notice thereof as required by S36.1-693, Code of the City of Roanoke (1979). as amended, at which hearing all parties in interest and 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 SS36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 518 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: Property described as a parcel at 3804 Brandon Avenue. S. W" con- taining 18.3 acres, more or less, designated on Sheet No. 518 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 5180304 be, and is hereby rezoned from RS-1, Residential Single-Family District, to RM-2, Residential-Multi-Family, Medium Density District, subject to those conditions proffered by and set forth in the Second Amended Petition to Rezone filed with the City Clerk on August 28, 1987, and that Sheet No. 518 of the Zone Map be changed in this respect. ATTEST: City Clerk. ~dJ~ ~- [CF CITY '~l ;~ :) ( f:" '87 PC '" -~! p1 WILBURN C. DIBLlNG. JR. CITY ....TTORNEY OFFICE OF THE CITY ATTORNEY 464 MUNICIPAL BUILDING ROANOKE, VIRGINIA 24011 703-961 w2431 WILLIAM X PARSONS WIL.LIAM M. HACKWORTH MARK A. WILLJAMS ASSISTAN"T" CITY ATTORNEY,", October 12, 1987 The Honorable Mayor and Members of City Council Roanoke. Virginia Re: The Virginia Lutheran Homes, Inc., Rezoning Dear Mrs. Bowles and Gentlemen: This is in regard to the request of The Virginia Lutheran Homes, Inc., to rezone a tract of land in the City at 3804 Brandon Avenue, S. W., from RS-1, Residential-Single Family District to RM-2 Residential-Multi-Family, Medium Density Dis- trict. A petition has been filed with the City by citizens opposed to the rezoning. It is my opinion that a sufficient number of signatures have been set out in this petition to in- voke the provisions of S62(5) of the Roanoke City Charter which provides with reference to amendments to the City's Zoning Map, in pertinent part, as follows: "Such regulations, restrictions, and boundaries may from time to time be amended, supplemented, changed, modified or repealed. In case, however. of a protest against such change signed by the owners of twenty per centum or more either of the area of the lots included in each proposed change. or of those immediately ad- jacent in the rear thereof. or of those directly opposite thereto. such amendment shall not become effective except by the favorable vote of five- sevenths of all the members of the Council." According to City Official Tax Appraisal Maps. there are ten parcels in the City which can be construed as being adja- cent to the rear or opposite the one proposed to be rezoned. According to City records, the owners of these parcels are as follows: RtTF!f f) CiTY C: ,- 'f'""W'- '87 5! 23 J':'H Roanoke City Planning Commissian October 12, 1987 Honorable Mayor Noel C. Taylor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request from The Virginia Lutheran Homes, Inc. a Virginia corporation, represented by Edward A. Natt, attorney, that property located at 3804 Brandon Avenue, S.W., bearing Official Tax No. 5180304, and containing approximately 18.3 acres, be rezoned from RS-I, Residential Single Family district to RM-2, Residential Multi-Family district" such rezoning to be subj ect to certain conditions proffered by the petitioner. I. Background: A. Purpose of the rezoning request is to construct a residential complex for the elderly including a home for adults (30 rooms), a congregate care facility (150 units), and independent living cottages (22 units). An existing nursing home of 62 beds is presently located on the property. B. Property has been the subject of a past rezoning request for an elderly congregate care living facility. In 1978, a re- quest to rezone the property from RS-1 to C-I, and later RG-1, for a three story 107 unit apartment project was denied by the Planning Commission and City Council. The request for rezon- ing was unconditional (conditional zoning was not effective in 1978) and was opposed by 120 persons (petition). Their concerns were that the three story facility would destroy the character of the residential area and was an institutional encroachment into the single-family neighborhood. C. Petitioners and architect have met with City staff and the Greater Deyerle Neighborhood Association to discuss the proposed project over the past four months. Room 355 Municipol13uilding 215 Churcn Avenue, 5.W. Roonol~e. Virginia 24011 (700) 981-2344 October 12, 1987 Page 2 D. Petition to rezone from RS-l to RM-2 was initially filed on 7/14/87. Request was for only 15.3 acres of the 18 acre tract (existing nursing home was excluded). Two amended petitions to rezone the entire tract have been filed, the latest one on 8/28/87. Proffered conditions of the Second Amended Petition are: I. That the property will be developed in substantial accordance with the site plan prepared by Sherertz, Franklin, Crawford, Shaffner, Architects, dated September 2, 1987, a copy of which is attached as Exhibit B. 2. That all drainage will be collected into detainment basins, and piped from same to a public storm drainage system in a manner approved by the Engineering Department of the City of Roanoke. 3. That the berm along the southwest corner of the property line bordering the property of Mr. and Mrs. Lovell be constructed at the outset of the work. E. Development plan and conceptual elevation views of the project are attached for your review. Many architectural alternatives have been pursued to resolve concerns from residents. The latest plan dated 9/2/87, is an attempt to resolve resident concerns related to the three story height of the project. F. Planning Commission public hearing was held on 9/2/87, Mr. Ed Natt addressed the Commission and advised that the petitioners and their architect had met with residents on numerous occasions and had tried to address concerns for screening residential properties and maintaining the residential character of the neighborhood. Mr. and Mrs. Ed Lovell (3501 Loblolly Lane) appeared in opposition of the request and presented a petition signed by 17 residents also in opposition (attached). Their concern was for the size and height of the proposed facility and its visibility form their homes on Loblolly Lane. Mrs. Danielle Rand (3571 Mudlick Road) President of the Greater Deyerle Neighborhood Association, addressed the Commission and advised that while the neighbor- hood was not opposed to the proposed use, there were persons who would be affected by the project who were not happy with the revised two and three story concept. II. Issues: A. Zoning is presently RS-l. Zoning to to the south and west is RS-l except Avenue which is C-l to Deyerle Road. Avenue (north) is C-l and RM-2. the east is RA. Zoning for frontage on Brandon Zoning across Brandon October 12, 1987 Page 3 B. Land use of property is primarily vacant, with the existing Virginia Synod Lutheran Home for adults (62 bed facility) being located at the front of the property along Brandon Avenue. Adjacent uses are single-family residential homes (east, south and west), a church (west) and offices and apartments (north across Brandon Avenue). C. Utilities for water and sewer are available. Storm water management would have to be handled on site. Storm drainage from the property and surrounding area has been a problem for residents on Loblolly Lane. D. Traffic access would be from Brandon Avenue. The proposed elderly facility is anticipated to generate approximately 500 average daily trips. Peters Creek Road Extension, in the vicinity of the property, should be beneficial to traffic. E. Neighborhood is primarily single-family residential on the south side of Brandon Avenue. Multi-family apartments and offices are located directly across Brandon Avenue. Neighborhood is organized and is represented by the Greater Mudlick - Deyerle Civic League. The Petitioners and their architect have been working with the neighborhood to address issues. Concerns have related to the size and mass of the proposed congregate care facility (ISO units). Residents have expressed concern with regard to the compatibility of the proposed three-story structure with the surrounding Single-family homes which are one and two stories in height. F. Comprehensive Plan recommends that: 1. Neighborhood character and environmental quality should be protected. Changes in land use and development should be carefully evaluated and designed to concur and enhance neighborhood quality. 2. New housing and housing types should be encouraged to respond to current needs. 3. Services should be made available to allow Roanoke's elderly to remain in their neighborhoods as long as possible. III. Alternatives: A. City Council approve the rezoning request. 1. Zoning becomes RM-2 conditional. the manner of development on the storm water runoff. Conditions relate to site and management of October 12, 1987 Page 4 2. Land use for the individual living units is permitted outright. The addition to the home for adults, and the congregate care units will require a special exception permit from the Board of Zoning Appeals. 3. Utilities for water and sewer not affected. Storm drainage problems on the site presently are improved through proposed grading and storm water detention. 4. Traffic not significantly affected. 5. Neighborhood concerns regarding the size and design of the development have been discussed with the petitioners and their architect. Adjacent property owners are still concerned with the height of the facility (three stories versus two). 6. Comprehensive Plan could be followed. B. City Council deny the rezoning request. I. Zoning remains RS-1. 2. Land use for single-family homes is permitted. A congregate home would be permitted by special exception of the BZA for up to eight persons including supervisory personnel. 3. Utilities not affected. 4. Traffic not significantly affected. 5. Neighborhood character maintained. 6. Comprehensive Plan could be followed. IV. Recommendation: The Planning Commission recommended approval of the rezoning request by a vote of 7-0. This type of facility in neighborhoods has been identified as a community need in the City's Comprehensive Plan. There has been much discussion on this project between staff, residents, and the petitioners and their architects. The latest plan, dated 9/2/87, represents a compromise between the two October 12, 1987 Page 5 and three story height issues raised by adjacent residents of the area. The petitioners and their architects have worked to resolve concerns to achieve a project that is compatible, desirable, and economically feasible. Respectfully submitted, ~ ~:...../. ~~ Susan S. Good, Chairwoman Roanoke City Planning Commission SSG/ESG/tsb attachments Assistant City Attorney Director of Public Works City Engineer Zoning Administrator Petitioner Danielle Rand ~ -;"'~ I , ~ , ;' ~ - ROUTE .., ,s';'J 51o!OJOI ,\,:>S U \0 , . 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"" .' ..- ...,,-, 9 , .,sI ~ . , -T--- .~ ... 8 , 0 , ,~ ! ~ ~ ~ /8~ H . . ~ ;t.~ -' ~:-. . @ ,,<>' ......,,""'" ROUTE /I) )' . ! 4~ 4.~Jr : "t6/_... "1>."') ("'~"'t;JF .ell/I '''''''I''''' r'IC ~.rrr..OIII' $/f'N", J'IO ....... o.~., ~s (SP,,,) 4-J.J,-'k ".. ...~I.. <:I ~ 6/#.1) - . ~ , I..N. I...IlA. OI":''--':'.! ""AOACMllln-OAO.- .- '.0'" ~~ OIi.tJ<i.Y.. ,..:;:;;;~- -~u~-- - .--- , i'-SJ 7~ . . .. 8 ~ , ~.N. ~ Ei.'; ,........ ...#11I,41. o.rn", ,IN.. ,.... h .r 0.= ~-77 AC ~Ja .~'I) 'lJ."l1 '";00 ~ o' ,- . ~ .. .' . 0 .' 0 .. -, , .. 0, S .. ~ .. ,~, _0/1 '..." ~. "", .,. MI) :~ .J . .2 .' .' ~: 8~: , ,~ .1)/1 " 8 : 1';011 ~ 11.1)'" . ~ dA ~ . ; ......-.n.'D ,~' "'71 .,..- I"" . El .. . . ! TIN/!. 8 'M.H -' ;"',' f .~ ~ ! '" .. t: \' '-', 8 € ..u,... .:-~ ~-- ~ .. t .'''''", , . . 141.., . . ~ 41ZD , e . . . . 1111 I 'n.' '"..or JOAC I VAlENTINE A\II . ~ i :.r."1 -e..,. rI'~ tJ/I.1I () ;itfPI~OPOSI~I) i IU~Z()NIN(; I "I, , ~:: /'" ~ ~ IIA - .....-. .8' , . , " , @ J." ~ ! ! ~ ii i 1- . . -. I Ii ild list l u Ui! ui~ 3 I Ii!! ~'U ~. .Is I ... I:u: I I I @ ~ ~i "! fllil! I i ! ~ . . . . . . . . , ..... . I ! * ~i LL (I). ~j I&. en. .,\ \ \\ \; " OSTERHOUO~ FERGUSON NATT. AHERON & AGEE ATTO RNEYS-AT.LAW ROANOKE, VIRl:;JNIA 2401lH6"9 ....... ,-,., " IN THE COUNCI't' OF THE CITY OF ROANOKE, VIRGINIA IN RE: Rezoning of a Tract of land situate ) at 3B04 Brandon Avenue. SW. described) as IB.3 acres, and being the ) property designated as Official Tax ) No. 51B0304 ) SECOND AMENDED PETITION TO REZONE TO THE HONORABLE ~~YOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: I. The Petitioner. The Virginia Lutheran Homes, Inc.. a Virginia corporation. owns a certain tract of land located in the City of Roanoke. Virginia. containing /B.3 acres. located at 3804 Brandon Avenue, SW. and being the property designated on Roanoke City Appraisal Maps as Official Tax No. 5180304; the said tract is currently zoned Single-Family Residential District, RS-l. A survey of the property to be rezoned is attached as Exhibit A. 2. Pursant to Article VII and Article VIII of Chapter 36. Code of the City of Roanoke (1979), as amended, the Petitioner requests that the said property be rezoned from Single-Family Residential District, RS-l, to Residential Multi-Family Medium Density District, RM-2, subject to certain conditions, for the purpose of constructing thereon a residential complex to include an addition to the existing home for adults. a facility for congregate care units and separate independent living cottages. DSTERHOUO~ FERGUSON NATT, AHERON & AGEE ATTORNEYS.AT"LAW ROANOKE. VIRGINIA 24D18.16S1S1 3. The Petitioner believes that the rezoning of the said tract of land wi II further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will provide facilities for the housing of the elderly at all levels within the limits of the City of Roanoke and that such development wi II be in accordance wi th the City's Land Use Plan and will be a positive impact on the neighborhood. 4. The Petitioner hereby proffers and agrees that if the said tract is rezoned as requested. that the rezoning, wi II be subject to. and that the Pet i t ioner wi II abide by, the following conditions: (I) That the property will be developed in substantial accordance with the site plan prepared by Sheretz. Frankl in. Crawford, Shaffner, Archi tects, dated September 2, 1987. a copy of which is attached as Exhibit B. (2) That all drainage will be collected into Detainment Basins. and piped from same to a publ ic storm drainage system in a manner approved by the Engineering Department of the City of Roanoke. (3) That the berm along the southwest corner of the property I ine bordering the property of Mr. and Mrs. Lovel I be constructed at the outset of the work. 2 []STERHOUOT, FE~GUSON NATT. AHERDN & AGEE A HORN EYS-AT-LAW ROANOKE, VlIH3JNlA 24iJ1S-1E:99 5. Attached as Exhibit C are the names and addresses of the owner or owners of a II lots or property immediately adjacent to or immediately across a street or road from the property to be rezoned. WHEREFORE, the Petitioner requests that the above- described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Edward A. Natt. Esquire Osterhoudt, Ferguson, Natt. Aheron & Agee. P.C. 1919 Electric Road, S.W. Roanoke. Virginia 24018 THE VIRGINIA LUTHERAN HOMES, INC., a Virginia corporation B ~.Of)aiI y-------------------------- Of Counsel 3 PET I T ION We, the urldersigrled,. qualIfied vl:ltet"('s), fr"eehcTlder"'('s) and/or person('s) affected, who are residing in the southwest city of Roanoke, Virginia, do hereby ex Dress our opinion that we do not desire the put"Dosed rezoning of the land belonging to the Virginia Lutheran HOMes, Inc., Of~ical Tax No. 5180304, due to the plan's massive constructicln which will ruin the character of our t"esidential neighborhood. NAME /j~.6~ PDDRESS 35'01 Lobl~/ly 1{o,. 1. vl> ZIP TELEPHOi\lE ol'io/t- '2~~J( 1-.~~~ 4t7;4~ t1~ d~. 3 >:20 ~~~~. ,2L/IJ/9 . .,3f'l-o ~ t4 .J'Io I~ 7 !~ z {jJ,j; JS"7';~I'1.5..J ><!~n;1 1h ~~ tl II '1 " a,;}; , AG) 35Y:>dtiA;; i,.. Gl,) 1i T (/~ j$1D I...,/.Il/ L", S."-! q~' I "H. \) -'''\ ~ \ <.."' ~"tOI ~ 15'lf)~~PJ. $6rr ~~~\ ~ub\'(j '-'1-0, Sl\,) d L\.() \ 9> 350.2., c;{~ ~~ 2.~.l :<,/-OloF I o l;frj~7r,tL~' I PETITION (cent'd) NAME ~. '. ~ ~ 3~ ?;;!/~".~*,19 "} C.~l_.:_ ~ . ih/)l ~/~N~~t::~~/if' f/ki1'/1f~ IIX<. 1/ I, t,.. . " ! ~'B^~ ~J /J ~L~ ~ -~ JS''-, J,(J~ ~ L~ p/(2~~-,tt? ~ ~ ;)~ ..f c5~..w/L. /' " 'j)1fu'Llli YI\ ~t1d ~ 5=t I mLl d \.i t t. (d WilliQwd~^ cl.r" " ADDRESS ZIP TELEPHONE tJ " " c {}/).P fe, mClA-'-tt (f(L.?J>JUJ p.OA'lJSJ<E TI'IES f. '~CPLJ-".F..S '7Jr- U AC NUMBER - 92314581 PUBL ISHER' S FE E - $74.48 EDWARD A NATT 1919 ELECTRIC RO SW PO ANCKE VA 24018 STATE OF VIRGINIA C!TY OF RCANOKE AFFIDAVIT OF PUBLICATION I, lTHE UNDERSIGNED) AN OFFICER OF T H~ES-WORLD CORPORA TION, WHICH COR- PORATION IS PUBLISHER OF THE ROANOKE TIMES & WORLD-NEWS, A DAILY NEWSPAPER PUBLiSHED IN ROANOKE, IN THE STATE OF VIPGINIA, DO CEPTIFY THAT THE ANNEXED '40TlCE WAS PUBLISHED IN SAID NEWSPAPERS ON THE FOLLOWING OATES 09/25/87 MORN ING 10/02/87 MORNING WITNESS, T:~22:;;~:.:~:~~:::~~~) OFFICER'S SIGNATURE -~ ':[C,~_' :',"1:', CITY ,:.i - ;,-.. r-,--" '87 -~~ :)~;- i! NO'fIC/E OF ~IC HeM'NG ftI.WHOMll'MAY CONCHN: Punuenfto t""provl~on.ot Ar- lIde'VII of Chapter 36.1 Code of the City of ROIInoke (1979), ...mended, the Council of.he City of Roanoke Will hold . Public ....rlng on Mondav. Octo_ 11. '., .t 7:30 p.m.. In the Council thembtr In the Municipal - Building. 215 Church Avenut, $. W.. In tH Mid city, on the Quntlon of rftOftlna from as.;l, ...... tll' Sln8~.mlly District, to 1lM-2,. "..ldentlll-Multl-F.m- !ly, MHlum lMnilty ,Dlatrtct, .......lowinIllProperty: A PIIrca' .t" .randon Av.. nu., S.W., contelnln" ".3 ecru, mote or ..... end bAr- ' In" OffIcle. Te. No.5........ This rHOnln" Ii to be sublect to certaln cdndnlOnl ,",off.nd bY' the NtltloMr. A copy Of thla propoN' I' av.nebt. for pullll1c IltIHCtlon In the Offk:e Of the C:;lty, Clerk, Room .. MunlclJ*1 aulldlno. All PIIrHe1ln In........nd cltlleM may UPelit on the 'bove d... .nd 1M hMrd' on the qun:tlon. GIVI!N anclw my hend thlal3rd deY' Of ....mber. 't9I1. MIIry,......tker, CltyCI.rJc 0_1) 'J~ NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant to the provisions of Article VII of Chapter 36.1 Code of the Ci ty of Roanoke (1979), as amended, the Counci I of the City of Roanoke will hold a Public Hearing on Monday, October 12,1987, at 7:30 p.m., in the Council Chamber in the Municipal Building, 215 Church Avenue, S. W., in the said city, on the question of rezoning from RS-1, Residential Single-Family District, to RM-2, Residential-Multi-Family, Medium Density District, the following property: taining Tax No. A parcel at 18.3 acres, 5180304. 3804 Brandon Avenue, S. W., con- more or less, and bearing Official 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 23rd day of September ,1987 . Please publ ish in full twice, once on Friday, September 25, 1987, and once on Friday, October 2, 1987, in the Roanoke Times and World News, Morning Edition. Mary F. Parker, City Clerk Please send publisher's affidavit to: Ms. Mary F. Parker, City Clerk Room 456, Municipal Building Roanoke, Virginia 24011 Please bill to: Mr. Edward A. Natt Attorney 1919 Electric Road, Roanoke, Virginia S. W. 24018 Office c:J !he Ory 0e0I< September 24, 1987 Fi le #51 Mr. Edward A. Natt At torney 1919 Electric Road, Roanoke, Virginia S. W. 24018 Dear Mr. Natt: I am enclosing copy of a report of the City Planning Commission recoTl'UTlending that the Counci 1 of the Ci ty of Hoanoke grant the request of your cl ient, The Virginia Lutheran Homes, Inc., a Virginia Corporation, that property located at 3804 Brandon Avenue, S. W., bearing Official Tax No. 5180304, and containing approx.imately 18.3 acres, be rezoned from RS-l, Residential Single Family District, to RM-2, Residential Multi-Family District, such rezoning to be subject to certain conditions prof- fered by the petitioner. Pursuant to Resolut ion No. 25523 adopted by the Counci 1 of the City of Roanoke at its meeting on Monday, April 6, 1981, a public hearing on the abovedescribed request has been set for Monday, October 12, 1987, at 7: 30 p.m., in the Counci 1 Chamber, fourth floor of the Municipal Building. For your information, 1 am also enclosing copy of a notice of the public hearing and an Ordinance providing for the rezoning, which 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. p~ Sincerely, Y\ Mo ), Mary F. Parker, CllC C i t Y C 1 e rk MFP:ra Enc. Roam 456 M.Jnlclpal Building 215 Ouch Avenue, S,W. Roanoke. Virginia 24011 (703) 981-2541 Mr. Edward A. Natt Page 2 September 24, 1987 cc: CSW Associates, P. O. Box 1046, Grundy, Virginia 24614 TEG Corporation, c/o Gurtner Graphics, P. O. Box 4669, Roanoke, Virginia 24015 The Church of Jesus Christ of Latter Day Saints, 50 East North Temple, Salt Lake City, Utah 84150 Mr. & Mrs. Edward F. Lovill, 3501 Loblolly Lane, S. W., Roanoke, Virginia 24018 Mr. & Mrs. W. J. Blades, 3502 Loblolly Lane, S. W., Roanoke, Virginia 24018 Ms. Mary W. McNei 1, c/o Mr. J. T. Meadows, Jr., 801 State and City Building, Roanoke, Virginia 24011 Mr. & Mrs. Herman Wertz, 3507 Valentine Road, S. W., Roanoke, Virginia 24018 B. J. King Contractors, lnc., 3512 Brambleton Avenue, S. W., Roanoke, Virginia 24018 W. J. Jolly and G. O. Clemens, Trustees, c/o Ms. Lucy Ellett and Mr. T. H. Kemper, 3752 Lee Highway, S. W., Roanoke, Virginia 24018 Mr. Ernest M. Proffit and Ms. Cora O. Chaves, 3347 Valentine Road, S. W., Roanoke, Virginia 24018 Ms. Bonnie L. Mann, Mr. Alvin E. Mann and Ms. Betty P. Mann, 3339 Valentine Road, S. W., Roanoke, Virginia 24018 Mr. & Mrs. Ed Lovell, .3501 Loblolly Lane, S. W., Roanoke, Virginia 24018 Ms. Danielle Rand, 3571 Mudlick Road, S. W., Roanoke, Virginia 24018 Mr. Gordon N. Dixon, Executive Director, Fifth Planning District Commission, P. O. Box 2569, Roanoke, Virginia 24010 Mr. W. Robert Herbert, City Manager Mr. Wi lburn C. Dibl ing, Jr., Ci ty At torney Mr. Von W. Moody, Ill, Director of Real Estate Valuation Ms. Susan S. Goode, 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 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, City Planning Commission Ms. Toby A. Brown, Secretary, City Planning Commission Ms. Doris Layne, Office of Real Estate Valuation Office of the Ory Geo!< August 28, 1987 File#5l Mrs. Susan S. Goode Chairman City Planning Commission Roanoke, Virginia Dear Mrs. Goode: Pursuant to Sect ion 36.l-690(e) of the Code of the Ci ty of Hoanoke (1979), as amended, I am enclosing copy of a second amended petition from E;dward A. Natt, Attorney, representing The Virginia L.utheran Homes, Inc., a Virginia Corporation, requ'esting that a tract of land containing 18.3 acres, located at 3804 Brandon Avenue, S. W., and being designated as Official Tax No. 5180304, be rezoned from RS-l, Single-Fami ly Residential District, to RM-2, Residential Multi-Family Medium Density District, subject to certain proffered conditions. Sincerely, ~"'- d ~J Sandra H. Eakin-~-'- Deputy City Clerk SHE: ra Enc. cc: Mr. Edward A. Na t t, gsqui reo 1919 Elect ric Road, S. W., Roanoke, Virginia 24018 Mr. John R. Marlles, Agent, City Planning Commission Ms. Martha P. Franklin, Secretary, City Planning Commission Mr. Ronald H. Miller, Zoning Administrator Mr. William M. Hackworth, Assistant City Attorney Roam 456 M.Jnlclpalllulldlng 215 Church Avenue. S.W. Roanoke. Virginia 24011 (703) 981-2541 OIftce 01 !he Ory 0e0I< July 22, 1987 File#51 Mrs. Susan S. Goode Chairman City Planning Commission Roanoke, Virginia Dear Mrs. Goode: 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 Edward A. Natt, Attorney, representing The Virginia Lutheran Homes, Inc., a Virginia Corporation, requesting that a certain tract of land containing 18.3 acres, located at 3804 Brandon Avenue, S. W" and being the property designated as Official Tax No. 5180304, be rezoned from RS-1, Single-Fami ly Residential District, to RM-2, Residential Multi-Family Medium Density District, subject to certain proffered conditions. Sincerely, p~ "" ~ I, Mary F. Parker, CMC Ci ty Clerk MFP:ra Enc. cc: Mr. Edward A. Natt, Esquire, 1.919 Electric Road, S. W., Roanoke, Virginia 24018 Mr. John R. Marlles, Agent, City Planning Commission Ms. Martha P. Franklin, Secretary, City Planning Commission Mr. Ronald H. Miller, Zoning Administrator Mr. William M. Hackworth, Assistant City Attorney Room 456 M.Jnlclpalllulldlng 215 Olurth Awnue, S.W. Roanoke. VlIgInIa 24011 (703) 981-2541 Ri:.CE1'JE.[ CITY CLr};~-;,:, ::;cr- 1>87 .P l? I} ,) IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Rezoning of a Tract of land situate ) at 3804 Brandon Avenue, SW, described) as 18.3 acres, and being the ) property designated as Official Tax ) No. 5180304 ) MlENDED PETITION TO REZONE TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: I. The Petitioner. The Virginia Lutheran Homes, Inc.. a Virginia corporation. owns a certain tract of land located in the City of Roanoke, Virginia. containing 18.3 acres, located at 3804 Brandon Avenue, SW, and being the property designated on Roanoke City Appraisal Maps as Official Tax No. 5180304; the said tract is currently zoned Single-Family Residential District, RS-l. A survey of the property to be rezoned is attached as Exhibit A. 2. Pursant to Article VII and Article VIII of Chapter 36, Code of the City of Roanoke (1979), as amended. the Pet i t ioner requests that the sa id property be rezoned from Single-Family Residential District. RS-l. to Residential Multi-Fami Iy Medium Density District, RM-2. subject to certain conditions. for the purpose of constructing thereon a residential complex to include an OSTERHOUDT, FERBUSON NATT. AHERON & AGEE ATTllRNEYS-AT-LAW ROANOKE, VIRBINIA 2401S-1699 addition to the existing home for adults, a facility for congregate care uni ts and separate independent living cottages. 3. The Petitioner believes that the rezoning of the said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan. in that it will provide facilities for the housing of the elderly at all levels within the limits of the City of Roanoke and that such development will be in accordance with the City's Land Use Plan and will be a positive impact on the neighborhood. 4. The Petitioner hereby proffers and agrees that if the sa id tract is rezoned as requested. that the rezoning will be subject to, and that the Petitioner wi II abide by, the following conditions: (I) That the property will be developed in substantial accordance with the site plan prepared by Sheretz, Frankl in. Crawford. Shaffner, Architects, dated July 8, 1987. a copy of which is attached as Exhibit B. (2) That all drainage will be collected into Detainment Basins, and piped from same to a public storm drainage system in a manner approved by the Engineering Department of the City of Roanoke. (3) That the berm along the southwest corner of the property line bordering the property of Mr. and Mrs. OSTERHOUD~ FERGUSON NATT, AHERON & AlifE ATTORNEYS-AT-LAW ROANOKE, VIRGINIA a401a~1699 Lovell be constructed at the outset of the work. 2 OSTERHOUDT. FERGUSON NATT, AHERON & AllEE ATTORNEYS-AT-LAW ROANOKE, VIRGINIA 24018-1699 5. Attached as Exhibit C are the names and addresses of the owner or owners of a II lots or property immediately adjacent to or immediately across a street or road from the property to be rezoned. WHEREFORE. the Petitioner requests that the above- described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Edward A. Natt, Esquire Osterhoudt. Ferguson, Natt, Aheron & Agee, P.C. 1919 Electric Road. S.W. Roanoke, Virginia 24018 THE VIRGINIA LUTHERAN HOMES. IN~C,. a Virginia corporation By___ _GL ~_____ o Cou~te I 3 Offtce 01 !he Ory 0e0I< . July loS, 1.987 Fi Ie #51 Mrs. Susan S. Goode Chairman City Planning Commission Roanoke, Virginia Dear Mrs. Goode: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a petition and list of property owners from Edward A. Natt, Attorney, repre~ senting The Virginia Lutheran Homes, Inc., a Virginia Corporation, requesting that a certain tract of land containing 15.363 acres, located at 3804 Brandon Avenue, S. W., and being a part of the property designated as Official Tax No. 5180304, be rezoned from RS-l, Single-Family Residential District, to RM-2, Residential Multi-Family Medium Density District, subject to certain proffered conditions. Sincerely, ~ r"\ "'-d -J. Ov A., Mary F. Parker, CMC Ci ty Clerk MFP:ra Enc. cc: Mr. Edward A. Natt, Esquire, 1919 Electric Road, S. W., Roanoke, Virginia 24018 Mr. John R. Marlles, Agent, City Planning Commission Ms. Martha P. Frankl in, Secretary, Ci ty Planning Commission Mr. Ronald H. Miller, Zoning Administrator Mr. William M. Hackworth, Assistant City Attorney Room 456 M.Jnlclpolllulldlng 215 Church Avenue. S.W. Roanoke, Virginia 24011 (703) 981-2541 OSTERHOUDT, FERGUSON NATT, AHERON & AllEE ATTORNEYS-AT-LAW ROANOKE, VIRGINIA 24018-1699 h:ECF vEU CITY f:U:::;"1' . "~r[: '87 ,iii! 14 ";;? IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Rezoning of a Tract of land situate ) at 3804 Brandon Avenue, SW. described) as 15.363 acres. and being a part of ) property designated as Official Tax ) No. 5180304 ) PETITION TO REZONE TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: I. The Petitioner. The Virginia Lutheran Homes. Inc., a Virginia corporation, owns a certain tract of land located in the City of Roanoke. Virginia. containing 15.363 acres. located at 3804 Brandon Avenue, SW. and being a part of the property designated on Roanoke City Appraisal Maps as Official Tax No. 5180304; the said tract is currently zoned Single-Family Residential District, RS-l. A survey of the property to be rezoned is attached as Exhibit A. 2. Pursant to Article VII and Article VIII of Chapter 36. Code of the City of Roanoke (1979). as amended. the Petitioner requests that the said property be rezoned from Single-Family Residential District. RS-l, to Residential Multi-Family Medium Density District, RM-2, subject to certain conditions, for the purpose of constructing thereon a residential complex to include an addition to the existing home for adults, a facility for congregate care uni ts and separate independent living cottages. OSTrRHOUO~ FER~USON NATT, AHERON & AGEE ATTORN EYS-AT-LAW ROANOKE, VIR~INIA 2401B-1699 3. The Petitioner believes that the rezoning of the said tract of land wi II further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will provide facilities for the housing of the elderly at all levels within the limits of the City of Roanoke and that such development will be in accordance with the City's Land Use Plan and will be a positive impact on the neighborhood. 4. The Petitioner hereby proffers and agrees that if the said tract is rezoned as requested, that the rezoning will be subject to, and that the Petitioner will abide by, the following conditions: (I) That the property will be developed in substant ia I accordance wi th the site plan prepared by Sheretz, Frankl in, Crawford, Shaffner, Architects. dated July 8. 1987, a copy of which is attached as Exhibit B. (2) That all drainage will be collected into Detainment Basins, and piped from same to a publ ic storm drainage system in a manner approved by the Engineering Department of the City of Roanoke. (3) That the berm along the southwest corner of the property line bordering the property of Mr. and Mrs. Lovell be constructed at the outset of the work. 2 DSYERHOUO~ FERGUSON NATT. AHERON & AGEE ATTORN EYS-AY.LAW ROANOKE, VIRGINIA 2401S-Hi99 5. Attached as Exhibit C are the names and addresses of the owner or owners of all lots or property immediately adjacent to or immediately across a street or road from the property to be rezoned. WHEREFORE, the 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. Edward A. Natt. Esquire Osterhoudt. Ferguson. Natt, Aheron & Agee, P.C. 1919 Electric Road. S.W. Roanoke, Virginia 24018 THE VIRGINIA LUTHERAN HOMES. INC.. a Virginia corporation By __f:fJ., ..~ .Qj~~_______ Of Counsel 3 IlSTERHllUllT, F'ERLJUSllN NATT, AHERllN & AliEE ATTllRNEYS-AT-LA'N ROANllKE, VIRlilNIA 24018-1699 EXHIBIT C LIST OF ADJOINING PROPERTY OWNERS PROPERTY OWNERS -------------- I. The Church of Jesus Christ of Latter Day Saints 50 E. North Temple - 22nd Floor Salt Lake City. UT 84150 2. Mr. and Mrs. Edward F. Lovill 3501 Loblolly Lane. SW Roanoke. VA 24018 3. Mr. and Mrs. W. J. Blades 3502 Loblolly Lane, SW Roanoke. VA 24018 4. Mary W. McNeil c/o J. T. Meadows. Jr. 801 State & City Bui Iding Roanoke, VA 24011 5. Mr. and Mrs. Herman E. Wertz 3507 Valentine Road. SW Roanoke, VA 24018 6. Mr. and Mrs. J.P. Broughman c/o May H. Broughman 4423 Oliver Road, NE Roanoke, VA 24012 7. W. J. Jolly and G. O. Clemens, Trustees c/o Lucy Ellett and T. H. Kemper 3752 Lee Highway. SW Roanoke. VA 24018 8. Mr. Ernest M Proffit and Ms. Cora O. Chaves 3347 Valentine Road, SW Roanoke. VA 24018 9. Ms. Bonnie L. Mann, etal P. O. Box 4226 Attn: Re Est Tax Dept. Fairfax. VA 22038 TAX MAP NO. ---------- 5180302 5180326 5180325 5180305 5180313 5180314 5190 101 5050601 5050602 " /...,. / "~ / .. " / /' /~" , , / I '.....r /"',.\))" .-; / , ' ,-.,.-,.. , :j ~q~ \ :' \ '\ , ,\' J'\) /1/1 I \1, i <,,' r '. 1/ \ \ I , " \ .~" / ".)./" Y/r I I' \ I \ \\~ ,:, i. " ,'" ',. \".-./ f) )~ 'I :'.\ \. \) I L\) . -~. ~'. , I' \. ,::'-,'0 L ~.' ~'/ I')' (, ",,':'7'./; '~,.:..-' . --'. I .... ,::':.::7 ~ ~ \ ' '. ,~_/_~__. 0-"'/ c':::-..~ (', \: \ /' /_ j I ..... !_-- I, \\ .' ' !~ I r'- ~(: I,. u -', .) " '\ ( . . j . ".,........ "'CJ-:'....... "'~ '. f' ~ JJ ..I - :2 JJ Z' ::> ....(") --;11 ;\ [0;<-7 '''. :..~O, ^ ,I '\ , I -/ j roo' L.~, I / ,J. / ( ,\, , .I 0\ ) ;(ECf:!'ilJ_ _, LiTY eft (-, III TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE REZONING REQUEST OF: '87 .!i!' 27 "11' Request from The Virginia Lutheran Homes, Inc., a Virginia) corporation, represented by Edward A. Natt, attorney, that) property located at 3804 Brandon Avenue, S.W., bearing ) Official Tax No. 5180304, and containing approximately ) AFFIDAVIT 18.3 acres, be rezoned from RS-l, Residential Single ) Family district to RM-2, Residential Multi-Family district,) such rezoning to be subject to certain conditions proffered) by the petitioner. ) COMMONWEALTH OF VIRGINIA ) ) CITY OF ROANOKE ) TO-WIT: The affiant, Martha Pace Franklin, first being duly sworn, states that she is secretary to the Secretary of the City of Roanoke Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of s s15.l-34l) Code of Virginia (1950), as amended, on behalf of the Planning Commission of the City of Roanoke she has sent by first-class mail on the 27th day of July, 1987, notices of a public hearing to be held on the 5th day of August, 1987, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: OWNER, AGENT OR OCCUPANT ADDRESS PARCEL 5200106 5200119 CSW Associates P. O. Box 1046 Grundy, VA 24614 5200115 TEG Corporation c/o Gurtner Graphics P.O. Box 4669 Roanoke, VA 24015 5180302 The Church of Jesus Christ of Latter Day Saints 50 E. North Temple Salt Lake City, UT 84150 5180326 Mr. and Mrs. Edward F. Lovill 3501 Loblolly Lane, SW Roanoke, VA 24018 5180325 Mr. and Mrs. W. J. Blades 3502 Loblolly Lane, SW Roanoke, VA 24018 5180305 Mary W. McNeil c/o J. T. Meadows, Jr. 801 State and City Bldg. Roanoke, VA 24011 5180313 Mr. and Mrs. Herman Wertz 3507 Valentine Road, SW Roanoke, VA 24018 5180314 B J King Contractors, Inc. 3512 Brambleton Ave., SW Roanoke, VA 24018 5190101 W. J. Jolly and G. O. Clemens, Tst.3752 Lee Highway, SW c/o Lucy Ellett and T. H. Kemper Roanoke, VA 24018 5050601 Mr. Ernest M. Proffit and Ms. Cora O. Chaves 3347 Valentine Road, SW Roanoke, VA 24018 , 5050602 Bonnie L., Alvin E. and Betty P. Mann 3339 Valentine Road, SW Roanoke, VA 24018 ~ PG-U- d7/t4Llt~ Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 27th day of July, 1987. My Commission Expires: /$/"/ /jJ' , , ~#'/./~,~ Notary Pub ic TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA RI='CL"li.,:::.n CITY C~f .;,~" ,:r;iCr- PERTAINING TO THE REZONING REQUEST OF: '87r;U[ 27 1\ sn Request from The Virginia Lutheran Homes, Inc., a Virginia) corporation, represented by Edward A. Natt, attorney, that ) property located at 3804 Brandon Avenue, S.W., bearing ) Official Tax No. 5180304, and containing approximately ) AFFIDAVIT 18.3 acres, be rezoned from RS-l, Residential Single ) Family district to RM-2, Residential Multi-Family district,) such rezoning to be subject to certain conditions proffered) by the petitioner. ) COMMONWEALTH OF VIRGINIA ) ) CITY OF ROANOKE ) TO-WIT: The affiant, Martha Pace Franklin, first being duly sworn, states that she is secretary to the Secretary of the City of Roanoke Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of s s15.1-34l) 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 24th day of August, 1987, notices of a public hearing to be held on the 2nd day of September, 1987, 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 5200106 5200119 CSW Associates P. O. Box 1046 Grundy, VA 24614 5200115 TEG Corporation c/o Gurtner Graphics P.O. Box 4669 Roanoke, VA 24015 5180302 The Church of Jesus Christ of Latter Day Saints 50 E. North Temple Salt Lake City, UT 84150 5180326 Mr. and Mrs. Edward F. Lovill 3501 Loblolly Lane, SW Roanoke, VA 24018 5180325 Mr. and Mrs. W. J. Blades 3502 Loblolly Lane, SW Roanoke, VA 24018 5180305 Mary W. McNeil c/o J. T. Meadows, Jr. 801 State and City Bldg. Roanoke, VA 24011 5180313 Mr. and Mrs. Herman Wertz 3507 Valentine Road, SW Roanoke, VA 24018 5180314 B J King Contractors, Inc. 3512 Brambleton Ave., SW Roanoke, VA 24018 5190101 W. J. Jolly and G. O. Clemens, Tst.3752 Lee Highway, SW c/o Lucy Ellett and T. H. Kemper Roanoke, VA 24018 5050601 Mr. Ernest M. Proffit and Ms. Cora O. Chaves 3347 Valentine Road, SW Roanoke, VA 24018 . 5050602 Bonnie L., Alvin E. and Betty P. Mann 3339 Valentine Road, SW Roanoke, VA 24018 :tb~(}J fJQUL f}y~ Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 25th day of August, 1987. '1-1. _.-" . n.,......._) ~--..~ ._". , 8. ~:!!:: -a~. Notary Public My Commission Expires: ~~~.)'i<;O Offtce 01 !he Ory Geo!< October 21, 1987 File #80 Mr. Joseph P. Bounds, President Roanoke Bar Association 710 Dominion Bank Building Roanoke, Virginia 24011 Dear Mr. Bounds: I am enclosing copy of Resolution No. election of a Roanoke City native, C. President of the New Mexico State Bar, adopted by the Counc i I of the Ci ty of meeting held on Monday, October 19, 1987. Sincerely, () r"\ WI) .J.-t~ 2~837, recognizing the I':mery Cuddy, Jr., as which Resolution was Roanoke at a regular Mary F. Parker, CMC Ci tv Clerk MFP:ra Enc. Roam 456 M.Jnlclpalllulldlng 215 Olurch Avenue. S,W. Roanoke. Virginia 24011 <7(3) 981-2541 ~ October 21, 1987 File #80 Mr. & Mrs. C. E. Cuddy, Sr. 3767 Parliament Road, S. W., Apt. 94 Roanoke, Virginia 24014 Dear Mr. & Mrs. Cuddy: I am enclosing copy of Resolution No. election of a Roanoke City native, C. President of the New Mexico State Bar, adopted by the Counci 1 of the Ci ty of meeting held on Monday, October 19, 1987. Sincerely, " ~ ;. Offtce 01 !he Ory Geo!< 28837, recognizing the Emery Cuddy, Jr., as which Resolution was Roanoke at a regular p~ Mary F. Parker, CMC City Clerk MFP:ra Enc. Roam 456 M.Jnlclpalllulldlng 215 Olurch Avenue. S,W. Roanoke, Virginia 24011 (703) 981-2541 OffIce 01 !he Ory Geo!< October 21, 1987 Fi Ie #80 Mr. C. Emery Cuddy, Jr. 117 Vista Uermosa Sante Fe, New Mexico 87501 Dear Mr. Cuddy: I am enclosing copy of Resolution No. 28837, recognizing and com- mending you on your election as President of the New Mexico State Bar, which Resolution was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 19, 1987. " ~ :1. ~ Sincerely, Mary F. Parker, CMC City Clerk MFP:ra Ene. Roam 456 M.Jnlclpal Building 215 Olurch Avenue. S,W. Roanoke, Vlrg"la 24011 (703) 981-2541 ROANOKE BAR ASSOC'!-'cT,IWt "'..-.fl. '~", ROANOKE. V!~~-~~ - T i : '87 I" 27 ,,., ,'~ ')1 October 26, 1987 C. Emery Cuddy, Jr., Esquire Simons, Cuddy and Friedman, Attorneys at Law, P. O. Box 5738 Sante Fe, New Mexico 87502-5738 Dear Mr. Cuddy, As President of the Roanoke Bar Association, I have recently been advised of your ele~tion as President of the New Mexico State Bar. On behalf of the Roanoke Bar Association, I wish to congratulate you in your electlon and it is my intention that I advise the Roanoke Bar Association at its next regular meeting in November of our "native son's" accomplishments. I had the pleasure of practicing with and against your father during the early seventies and greatly admired his trial experience. As a young trial attorney, he provided a . wealth of knowledge for me. Congratulations again and if I, as President of the Roanoke Bar Association, can assist you in your office, please do not hesitate to call or write. nc rely, /,~ ,./ . JPB/kl c: Mary F. Parker, City Clerk Mr. C. E. Cuddy, Sr.