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Home My WebLink AboutCouncil Actions 09-21-87(28802 REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL September 21, 1987 2:00 p.m. AGENDA FOR THE COUNCIL Call to Order -- Roll Call. Council Members Bowles and Bowers were absent--Mayor Taylor left the meetin~ during the Executive Session. The invocation will be delivered by The Reverend James P. Bratty, Pastor, St. Paul A.M.E. Church, Blacksburg, Virginia. Present. The Pledge of Allegiance to the Flag of the United States of America will be led by Mayor Noel C. Taylor· CONSENT AGENDA (Approved 5-0) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DIS- CUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. C-1 A communication from Mayor Noel C. Taylor requesting an Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, commissions and com- mittees appointed by Council, pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in request for Council to convene in Executive Session to discuss personnel mat- ters relating to vacancies on various authorities, boards, commissions and com- mittees appointed by Council, pursuant to Section 2.1-344 (a) (1), Code of Virginia ~ee be]o~ (1950), as amended· onvenea in Executive Session at 2:10 p.m.--Mayor Taylor le~t the Executive Session at 2:40 p.m.) REGULAR AGENDA Hearing of Citizens Upon Public Matters: None. Petitions and Communications: a. A communication from the Roanoke City School Board requesting appropriation of funds to various school accounts. Adopted Ordinance No. 28802 on first reading. 14-0) *Request of the City Manager for an Executive Session to discuss the disposition of publicly held property, pursua~n~}to Section 2.1-344 (a)(2) of the Code of Virginia (1950), as amended. ' Reports of Officers: a. City Manager: Briefings: None. Items Recommended for Action: None. Director of Finance: 1. A report with regard to appropriation of program income received from the Roanoke Redevelopment and Housing Authority, and other sources of program income. Adopted Ordinance No. 28803 on first reading. (4-0) Reports of Committees: None. Unfinished Business: None. Introduction and Consideration of Ordinances and Resolutions: a. Ordinance No. 28782, on second reading, permanently vacating, discontinuing and closing an unopened alley running between Oakland Boulevard and Pioneer Road, N. W., adjacent to tracts of land bearing Official Tax Nos. 2090112, 2090111 and 2090118, approximately 248 feet long by 20 feet wide· Adopted Ordinance No. 28782. (4-0) Ordinance No. 28783, on second reading, rezoning a tract of land located at the southeast corner of Hershberger Road and Valley View Boulevard, N. W., designated as Official Tax No. 2270222, from RM-2, Residential Multi-Family District and C-2, General Commercial District, to C-1, Office District, subject to certain proffered conditions. Adopted Ordinance No. 28783. {4-0) Ordinance No. 28784, on second reading, rezoning Lot 16, Section 6, Exchange Building and Investment Company Map, designated as Official Tax No. 1030214, located at 361 Allison Avenue, S. W.; Lot 7, Section 6, Exchange Building and Investment Company Map, designated as Official Tax No. 1030206, located at 360 Walnut Avenue, S. W.; and a one foot wide portion of Lot 17, Section 6, Exchange Building and Investment Company Map, designated as a portion of Official Tax No. 1030215, located at 359 Allison Avenue, S. W., from RM-2, Residential Multi-Family District, to C-1, Office District, subject to certain proffered con- ditions. Adopted Ordinance No. 28784. (4-0) (2) d. Ordinance No. 28796, on second reading, providing for the acquisition of certain land needed for the construction of necessary public rights-of-way; authorizing the City Manager to determine to a certain limit the consideration to be offered for such land; providing for the acquisition of such land by condemnation, if necessary; authorizing a motion for the award of a right of entry onto the subject land for the purpose of commencing construction of the needed right-of-way; and directing the giving of notice of this ordinance. Adopted Ordinance No. 28796. (4-0) e. Ordinance No. 28797, on second reading, authorizing the execution of an option for the sale of an approximately 10.3 acre portion of Official Tax No. 7050107; and authorizing the execution of the requisite deed and plat of subdivision for conveying such property. Adopted O~dinance No. 28797. {4-0) f. Ordinance No. 28798, on second reading, authorizing the execution of an option for the sale of approximately 20.8 acres of land within the Roanoke Centre for Industry and Technology to QCI Corporation; and authorizing the execu- tion of the requisite deed and plat of subdivision for con- veying such property. Adopted Ordinance No. 28798. (4-0) Motions and Miscellaneous Business: Inquiries and/or comments by the Mayor and members of City Council· Vacancies on various authorities, committees appointed by Council. 10. Other Hearings of Citizens: Elected James C. Butler to the Special Reelected the followin~ persons: James W. Lambert, Jr.~ Robert D. Edwards Roanoke Civic John S. Edwards boards, commissions and Events Committee. Center Commission (3) Office of the Mayor September 21, 1987 Honorable Vice-Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: I wish to request an Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950), as amended. Sincerely, Noel C. Taylor Mayor NCT:se Room 452 Municipal Building 215 C~urch Avenue, S.W. Roanoke, 'virginia 240t I (703) 981-2~.-!.4 Roanoke, Virginia September 21, 1987 Honorable Mayor and City Council Roanoke, Virginia 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 2.1-344(a)(2) of the Code of Virginia (1950), as amended. Respectfully submitted, W. Robert Herbert City Manager WRH/a Offlce of the Clty Oen~ September 23, 1987 File #514 Mr. James W. Sutliff Williamson Road Masonic Lodge 3035 Pioneer Road, N. W. Roanoke, Virginia 24012 Mr. Carson B. Mull 3023 Pioneer Road, N. W. Roanoke, Virginia 24012 Mr. Carson M. Wray 3034 Oakland Boulevard, N. W. Roanoke, Virginia 24012 Gentlemen: I am enclosing copy of Ordinance No, 28752, i)ermanently vacating, discontinuing and closing an unopened al ley running between Oakland Boulevard and Pioneer Road, N. W., adjacent to parcels bearing Official Tax Nos. 2090112, 2090111, and 2090118, approxi- mately 248 feet long by 20 feet wide, which Ordinance was adopted by the Council of the City of Roanoke on first reading on Monday, September 14, 1987, also adopted by the Council on second reading on Monday, September 21, 1987, and will take effect ten days following the date of its second reading. Sincerely, ~~ Mary F. Parker, CMC City Clerk MFP:ra Enco Room456 MunlclpalBulldlng 215 Church Ave~ue, S.W. RoanoNe, Virglnla24011 (703)981-2541 Mr. James W. Sutliff Mr. Carson B. Mull Mr. Carson M. Wray Page 2 September 23, 1987 cc: Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Van W. Moody, III, Director of Real Estate Valuation Ms. Susan S. Goode, Chairman, City Planning Corr~ission Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals Mr. William F. Clark, Director of Public Works Mr. Kit B. Kiser, Director of Utilities and Operations Mr. William M. Hackworth, Assistant City Attorney Mr. Charles M. Huffine, City Engineer Mr. Ronald H. Miller, Building Commissioner and Zoning Adrainistrator Mr. John R. Marlle$, Agent, City Planning Commission Ms. Toby S. Brown, Secretary, City Planning Co~ission Ms. Doris Layne, Office af Real Estate Valuation Mr. J~ome S. Howard, Jr., CommiSsion~ of Revenue BK1571P 01119 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2]st day of September, 1987. No. 28782. 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, C. B. Mull, C. M. Wray and Williamson Road Masonic Lodge #163, have filed an application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to per- manently vacate, discontinue and close the public right-of-way described hereinafter; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by $30-14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council. WHEREAS, a public hearing was held on said application by the City Council on September 14, 1987, at 7:30 p.m., after due and timely notice thereof as required by $30-14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citi- zens were afforded an opportunity to be heard on said application; and WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right-of-way have been properly notified; WHEREAS, from all of the inconvenience will result to manently vacating, discontinuing and closing said and foregoing, the Council considers that no any individual or to the public from per- public right-of-way. BK1571P$ 01120 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 unopened alley running between Oakland Boulevard and Pioneer Road, N. W., adjacent to parcels bearing Official Tax Nos. 2090112, 2090111, and 2090118, approximately 248 feet long by 20 feet wide. be, and it hereby is, permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as the Council of the City of Roanoke is empowered so to do, reserving however, to the City of Roanoke an easement for sewer lines and water mains and other public utilities that may now be located in or across said public right-of-way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structures or any other encroachments on or over the easement which impede access for maintenance or 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. , BK1571P 01121 BE IT FURTHER ORDAINED that the Clerk of the Council deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation in the Deed Books of said Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the names of C. B. ~ull, C. M. Wray and Williamson Road Masonic Lodge #163 and the names of any other parties in interest who may so request, as Grantees. ATTEST: City Clerk. September 23, 1987 File #514 Miss Patsy Testerman Clerk of the Circuit Roanoke, Virginia Court Dear Miss Testerman: I am attaching copy of Ordinance No. 28782, for proper recor- dation in your office, which provides for the permanent vacating, discontinuing and closing of an unopened alley running between Oakland Boulevard and Pioneer Road, N. W., adjacent to parcels bearing Official Tax Nos. 2090112, 2090111, and 2090118, approxi- mately 248 feet long by 20 feet wide, which Ordinance was adopted by the Council of the City of Roanoke on first reading on Monday, September 14, 1987, also adopted by the Council on second reading on Monday, September 21, 1987, and will take effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC City Clerk MFP:ra Mr. James W. Sutliff, Williamson Road Masonic Lodge, 3025 Pioneer Road, N. W., Roanoke, Virginia 24012 Mr. Carson B. Mull, 3023 Pioneer Road, N. W., Roanoke, Virginia 24012 ~r. Carson M. Wray, 3034 Oakland Boulevard, N. W., Roanoke, Virginia 24012 Room456 MunlcipalBuilding 215 Church Ave~ue, S.W. Roanoke,'~rglnla24011 (703)981-2541 Roanoke City Planning Commission September 14, 1987 The Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request from Williamson Road Masonic Lodge #163, C. B. Mull and C. M. Wray, that an alley running between Oakland Boulevard and Pioneer Road, N.W., adjacent to tracts bearing official tax nos. 2090112, 2090111 and 2090118, approximately 248 feet long by 20 feet wide, be permanently vacated, discontinued and closed. I. Back,round: Alley as requested for closure extends between Pioneer Road and Oakland Boulevard, N.W. Alley is 20' wide and approximately 248' long. Alley has remained undeveloped as a public accessway for many years. Abuttin~ property owners desire to use the land within the right-of-way as an adjunct to their properties. Alley (undeveloped) is currently utilized as a green area (lawn). II. Current Situation: me Request to close and vacate the subject alley was received on July 7, 1987. Be Abutting property owners are in agreement that the subject alley should be closed. Ce City has no current or future plans to open or utilize the subject alley. Plannin~ Commission reviewed the subject application for closure at its regular meeting of August 5, 1987. Room 355 Municipal Building 215 Churd-, Avenue, 5.W Roanoke, Virginia 24011 (703) 981-2344 III. Neighborhood impact: Closure would have no impact on the neighborhood. Traffic impact: Closure would have no impact on traffic needs. Utilities within the right-of-way: The City has no utilities within the right-of-way. Correspondence received by staff indicates that there are no private utilities within the right-of-way. Creation of a dead-end alley: Closure would not create a dead-end alley. mJ Relationship to the Comprehensive Plan: Request is consistent with the intent of the comprehensive plan that available land be used in the most appropriate manner. 1. Land within the alley right-of-way has remained undeveloped and idle for many years. Abutting property owners could utilize the land within the right-of-way in a more efficient manner, assuming that they have title to it. IV. Recommendation: The Planning Commission, by a vote of 5-0 (Mrs. Goode and Mr. Price absent) recommends to City Council that the applicants' request to close and vacate the subject alley be approved as requested. The recommendation is based on the following conclusions: Land is unneeded for the public's use and should not be allowed to stand idle for a long period of time classified as undeveloped public rights-of-way. Unneeded rights-of-way (streets, alleys, etc.) should be vacated and the land within returned to private use and taxed accordingly. Respectfully submitted, Michael M. Waldvogel, Vice Chairman Roanoke City Planning Commission JRM:ERT:mpf attachments cc: Assistant City Attorney Director of Public Works City Engineer Zoning Administrator/Building Commissioner Petitioner Of~.:e ~ the Oh' July 2, 1987 File #514 Mrs. Susan S. Goode Chairman City Planning Commission Roanoke, Virginia Dear Mrs. Goode: Pursuant to Ordinance No. 25226, [ am enclosing copy of an appli- cation from Carson B. Mull and Carson M. Wray. requesting that an alley that runs between Oakland Boulevard and Pioneer Road, N. W., approximately 248 feet long by 20 feet wide be per- manently vacated, discontinued and closed. Mary F. Parker, CMC City Clerk MFP:ra Eno o cc: Mr. Carson B. Mull, 3023 Pioneer Road, N. W., Roanoke, Virginia 24012 Mr. Carson M. Wray, 3034 Oakland Boulevard, N. E., Roanoke, Virginia 24012 Mr. John R. Marlles, Agent, City Planning Commission ~. Martha P. Franklin, Secretary, City Planning Commission Mr. Ronald H. Miller, Zoning Administrator Mr. William M. Hackworth, Assistant City Attorney Room 456 Municipal Building 215 C~urah Av~"~ue, S.W. Roon¢:~, ~rglnia 24011 (70..3) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: APPLICATION OF WILLIAMSON ROAD MASONIC LODGE 11163 C. B. MULL C. M. WRAY FOR VACATING, DISCONTINUING AND CLOSING OF ALLEY MEMBERS OF COUNCIL: WILLIAMSON ROAD MASONIC LODGE #163, C. B. MULL and C. M. WRAY apply to have the alley that runs between Oakland Blvd. and Pioneer Road, approximately 248 feet long by 20 feet wide, bordering the three named petitioners, in the City of Roanoke, Virginia, permanently vacated, discontinued and closed, pursuant to Virginia Code Section 15.1-364 and Section 30-14, Code of the City of Roanoke (1979), as amended. ~his alley is more particularly described on the attached plat. Williamson Road Masonic Lodge #163, C. B. Mull and C. M. Wray state that the grounds for this application are as follows: 1) Ail landowners whose property adjoins the property to be vacated have approved and are in agreement with this application. 2) The property to be vacated has not been used as an alley at all. 3) The applicants desire to have the property split between each of them. WHEREFORE, Williamson Road Masonic Lodge #163, C. B. Mull and C. M. Wray respectfully request that the above described alley be vacated by the Council of the City of Roanoke, Virginia, in accordance with Virginia Code Section 15.1-364 and Section 30-14, Code of the City of Roanoke (1979), as amended. Respectfully submitted, Wi l~amson Road ~sonic Lodge C. B.'~'Mull' .' ray ~ ~163 ALLEY* CLOSUIIIE Ii.l.' PROPOSED~i x.~ ~ ALL~EYCL~osUR CFIANilKF TI~uS S Hnol NUMBER - 82~1839? PUDLISHEF' S FEF - $65~,40 CITY OF ROANOKE C/O MA~LY F PARKER CITY CLER, KS C,EFICE ROOM ~-56 ~UN[CIPAL mLi)G ROANOKE V~ 2401 1 STATE CF VIRGINIA 2. ITY OF ROANOKE AFFIDAVIT' OF PUBLICATION I, (THE UNDEPSIGUED) AN OFFICER [~F TIMES-WORLD CORPmRATI~N, WHICH COR- PORATION IS mI6[ISHER OF THE ROANOKE TIMES g WORLD-NEWS, A DAILY NEWSPAPED PUBLtSItED IN RCAHOKE, IN THE STATE OF glP, GINIA~ Do CERTIFY T~{AT THE ANNEXED '40TICE WAS PUBLISHED Iq SAID NEWSPAPERS ON THE FOLLOWING DATES 08128/87 ¢~ RNING 0g/06/8 Z HP~ RN IN G ~NITNESS, THIS ¢~TH DAY (DF SEPTEMBEFIq87 ..... NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: The Council of the City of Roanoke will on Monday, September 14, 1987, at 7:30 p.m. hold a Public Hearing 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 unopened alley running between Oakland Boulevard and Pioneer Road, N. W., adjacent to parcels bearing Official Tax Nos 2090112, 2090111, and 2090118, approxi- mately 248 A copy of the Office of feet long by 20 this proposal is the City Clerk, feet wide. available for public inspection in Room 456, Municipal Building. Ail above date and parties in interest and citizens may appear on the be heard on the question. GIVEN under my hand this 26th day of Au§ust 19 87 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. Please send publisher's affidavit to: Ms. Mary F. Parker, City Clerk Room 456, Municipal Building Roanoke, Virginia 24011 Mary F. Parker, City Clerk. Please bill to: Ms. Mary F. Parker, City Clerk Room 456, Municipal Building Roanoke, Virginia 24011 Office of the Oty Clen~ August 26, 1987 File #514 Mr. James W. Sutliff Williamson Road Masonic Lodge 3025 Pioneer Road, N. W. Roanoke, Virginia 24012 Mr. Carson B. Mull 3023 Pioneer Road, N. W. Roanoke, Virginia 24012 Mr. Carson M, tgray 3034 Oakland Boulevard, N. E. Roanoke, Virginia 24012 Gentlemen: I am enclosing copy of a report of the City Planning Commission recommending that the Council of the City of Roanoke grant your request than an alley running between Oakland Boulevard and Pioneer Road, N. W., adjacent to tracts of land bearing Official Tax Nos. 2090112, 2090111 and 2090118, approximately 248 feet long by 20 feet wide, be permanently vacated, discontinued 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 abovedescPibed request has been set for Monday, September 14, 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. Hack'worth, Assistant City Attorney, at 981-2431. Sincerely, Sandra lt. Eakin ~ Deputy City Clerk SItE: ra Enc. P, oc~n456 MuniclpalBullding 215 0~urch Avenue, S.W. Roonoke, Virglnla24011 (703)981-2541 Mr. James W. Sutliff Mr. Carson B. Mull Mr. Carson M. ~gray Page 2 August 26, 1987 CC: Mr. W. Robert Herbert, City 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 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. Ifackworth, Assistant City Attorney Mr. Charles M. Huffi~e, City Engineer ~ , Mr. Ronald if. Miller, Building Commissioner and Zoning Administrator Mr. John R. Marlles, Agent, City Planning Commission Ms. Martha P. Franklin, Secretary, City Planning Commission Ms. Doris Layne, Office of Real Estate Valuation TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE STREET CLOSURE REQUEST OF: Request from Williamson Road Masonic Lodge #163, C. B. Mull ) and C. M. Wray, that an alley running between Oakland Boulevard ) and Pioneer Road, N.W., adjacent to tracts bearing official tax )AFFI- nos. 2090112, 2090111 and 2090118, approximately 248 feet long )DAVIT by 20 feet wide, 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 Comission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of ~15.1-341) Code of Virginia (1950), as amended, on behalf of the Planning Commission of the City of Roanoke she has sent by first-class mail on the 27th day of July, 1987, notices of a public hearing to be held on the 5th day of August, 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 2090118 Wiliamson Road Masonic Lodge 3105 Pioneer Road, NW Roanoke, VA 24012 2090111 Carson Mull 3023 Pioneer Road Roanoke, VA 24012 2090112 Carson D. Wray 3034 Oakland Blvd., NW Roanoke, VA 24012 SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 27th day of July, 1987. Notary Publi% July 2, 1987 File #514 Mrs. Susan S. Goode Chairman City Planning Cor, vnission Roanoke, Virginia Dear Mrs. Goode: Pursuant to Ordinance No. 25226, I am enclosing copy of an appli- cation from Carson B. Mull and Carson M. Wray, requesting that an alley that runs between Oakland Boulevard and Pioneer Road, N. W., approximately 248 feet long by 20 feet wide, be per- manently vacated, discontinued and closed. Sincerely, ~/f?b~ Mary F. Parker, CMC City Clerk MFP: ra Eno. Mr. Carson B. Mutt, 3023 Pioneer Road, N. W., Roanoke, Virginia 24012 Mr. Carson M. Wray, 3034 Oakland Boulevard, N. E., Roanoke, Virginia 24012 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 Roo~456 Munl~pall~tldlng 215 (~urch Avenue, S.W. Roanoke, ¥1rglnla 24011 (703)981-254t IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: APPLICATION OF WILLIAMSON ROAD MASONIC LODGE #163 C. B. MULL C. M. WRAY FOR VACATING, DISCONTINUING AND CLOSING OF ALLEY MEMBERS OF COUNCIL: WILLIAMSON ROAD MASONIC LODGE #163, C. B. MULL and C. M. WRAY apply to have the alley that runs between Oakland Blvd. and Pioneer Road, approximately 248 feet long by 20 feet wide, bordering the three named petitioners, in the City of Roanoke, Virginia, permanently vacated, discontinued and closed, pursuant to Virginia Code Section 15.1-364 and Section 30-14, Code of the City of Roanoke (1979), as amended. This alley is more particularly described on the attached plat. Williamson Road Masonic Lodge #163, C. B. Mull and C. M. Wray state that the grounds for this application are as follows: l) Ail landowners whose property adjoins the property to be vacated have approved and are in agreement with this application. 2) The property to be vacated has not been used as an alley at all. 3) The applicants desire to have the property split between each of them. WHEREFORE, Williamson Road Masonic Lodge #163, C. B. Mull and C. M. Wray respectfully request that the above described alley be vacated by the Council of the City of Roanoke, Virginia, in accordance with Virginia Code Section 15.1-364 and Section 30-14, Code of the City of Roanoke (1979), as amended. Respectfully submitted, Wi .liamson~Road ~sonic Lodge tt163 C. B.'"Mull' / C. M. Wray // / C~ce of ~e Ory Cler~ September 23, 1987 File #51 Mr. John M. Wilson, Jr. Attorney P. 0. Box 2420 Roanoke, Virginia 24010 Dear Mr. Wilson: I am enclosing copy of Ordinance No. 28783, rezoning a tract of land located at the southeast corner of Rershberger Road and Valley View Boulevard, N. W., designated as Official Tax No~ 2270222, from RM-2, Residential Multi-Family District and C-2. General Commercial District, to C-1, Office District, which Ordinance was adopted by the Council of the City of Roanoke on first reading on Monday, September 14. 1987, also adopted by the Council on second reading on Monday, September 21, 1987, and will take effect ten days following the date of its second reading. Sincerely, ~ Mary F. Parker, CMC City Clerk MFP:ra Eneo cc: Mr. R. J. Miller, 1235 Crutchfield Street, N. E., Roanoke, Virginia 24019 Grandview Village Associates, cio Financial Services, 6833 Beverly Road, Suite 103, McLean, Virginia 22101 Double T. Associates, 3959 Electric Road, S. W., Suite 452, Roanoke, Virginia 24018 Mr. Gordon N. Dixon, Executive Director, Fifth Planning District Commission, P. O. Box 2569, Roanoke, Virginia 24010 Room 456 Municipal Building 215 Churah Avenue, S.W. Roanoke, Virginia 240'11 (703) 981-2541 Mr. John M. Wilson, Page 2 September 23, 1987 cc: Mr. W. Robert Herbert, City Manager Mr. Wilburn Co Dibling, Jr., City Attorney Mr. Von W. Moody, III, Director of Real Estate Valuation Ms. Susan So Goodsj Chairman, City Planning Cor~ission Mr, L. Elwood Norris, Chairman, Board of Zoning Appeals Mr. William F. Clark, Director of Public Works Mr. Kit Bo Kiser, Director of Utilities and Operations Mr. 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 Co~ission Ms. Toby S. Brown, Secretary, City Planning Co~ission Ms. Doris Layne~ Office of Real Estate Valuation IN THE COUNCIL OF THE CITY OF ROANOKE, The 2]st day of September, ]987. No. 28783. VIRGINIA, AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 227, 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 1~1-2, Residential Multi-Family District District, to C-1, Office District, feted by the applicant; and and C-2, General Comraercial subject to certain conditions prof- WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held on said application by the City Council at its meeting on September 14, 1987, after due and timely notice thereof as required by §36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citi- zens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid applica- tion, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that §§36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 227 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: Property described as a tract of land in the City located at the southeast corner of Hersberger Road and Valley View Boulevard, N. W., designated on Sheet No. 227 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax 2270222 be, and is hereby rezoned from RNI-2, Residential Multi-Family District and C-2, General Commercial District, to C-l, Office District, subject to those conditions prof- fered by and set forth in the Amended Petition to Rezone filed with the City Clerk on August 26, 1987, and that Sheet No. 227 of the Zone Map be changed in this respect. ATTEST: City Clerk. Roanoke City Planning Commission September 14, 1987 The Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request from Blue Ridge Mountains Council, Inc., No. 599, Boy Scouts of America, represented by Mr. John M. Wilson, Jr., Attorney, that a certain tract of land located at the intersection of Hershberger Road and Valley View Boulevard, N.E., being Official Tax No. 2270222, be rezoned from RM-2, Residential Multi-Family District and C-2, General Co~ercial District, to C-l, Office District, such rezoning to be subject to certain conditions proffered by the petitioner. I. Background: A. Petition to rezone was filed on July 16, 1987. Purpose of the rezoning is to allow the construction of an office building for the Boy Scouts of America. Ce Amended petition to rezone was filed on 8/27/87. Revised development plan was also submitted. D. Proffered conditions are as follows: The property will be developed in substantial compliance with a site plan prepared by Martin & Associates, dated August 1, 1987, a copy of which is attached to the petition for rezoning as Exhibit "B", subject to any changes required by the City during site plan review. If no building permit has been issued and no construction has commenced within three years from the date of final zoning approval, the zoning shall revert to RM-2 and C-2 without further action by City Council. II. Current Situation: Public hearing was held on August 5. Planning staff reco~mmended in favor of the request. Room 355 Municipal Building 2~ 5 Church Avenue, SW Roanoke, Virginia 24011 (703) 981-2344 III. Issues: Land use is presently vacant. Property serves as a buffer between Valley View Boulevard to the south and Grandview Village Apartments to the north. Property directly across Mart Street, identified as tax no. 2270230, is presently vacant. Zonin~ is presently RM-2 and C-2. Zoning is RM-2 to the north and RS-3 to the east across Marr Street. Zoning across Valley View Boulevard is RS-3. Traffic volume generated from proposed office use is not a problem. Valley View Boulevard is a limited access highway. Mart Street is one way. Access to the property is limited to Mart Street via Grandview Avenue. De Property is located in airport approach zone. Height of structure may be limited based on further analysis by the City's Engineering Department. Neighborhood to the east is a well-established residential area. Property to the north is a well-maintained multi- family residential development. No comments have been received from residents in the area. Comprehensive Plan recommends that residential areas should be protected from encroachment of incompatible development. IV. Alternatives: A. City Council recommen~ approval of the rezoning request. Land use is changed to office. A 10' landscaped buffer will be required to protect the adjacent multi-family use to the east. 2o Zonin~ would become C-I, Office District, along Valley View Boulevard and a portion of the access road leading to Hershberger Road. Traffic would not be an issue. Office use is limited. Traffic generated is minimal and is limited to Grandview Avenue and Mart Street. Neighborhood would be better protected from potential future changes that could be more intensive. 5. Comprehensive Plan followed. B. City Council recommend denial of the rezoning request. 1. Land use would remain undeveloped. Zoning would remain RM-2, Residential Multi-Family, Medium Density District and C-2, General Commercial District. 3. Traffic can be accommodated. 4. Neighborhood would not be affected. 5. Comprehensive Plan followed. V. Recommendation: By a vote of 5-0 (Mrs. Goode and Mr. Price absent), the Planning Commission recommended approval of the rezoned request. The proposed use and development of property will have minimal impact on the existing neighborhood and protects the area from future use changes that could be more intensive. JRM:mpf attachments cc: Assistant, City Attorney Director of Public Works City Engineer Zoning Administrator Petitioner Respectfully submitted, Michael M. Waldvogel, Vice Chairman Roanoke City Planning Commission August 27, 1987 File #51 Mr. John M. Wilson, Jr. Attorney P. 0. Box 2420 Roanoke, Virginia 24010 Dear Mr. Wilson: I am enclosing copy of a repbrt of the City Planning Corumission recorrcnending that the Council of the City of Roanoke grant the request of your clients, Double T Associates and Blue Ridge Mountains Council, Inc., No. 599, Boy Scouts of America, that a tract of land lying at the southeast corner of Hershberger Road and Valley View Boulevard, N. E., encompassing the entirety of Official Tax No. 2270222, be rezoned in part from RM-2, Residential Multi-Family Medium Density District, to C-1, Office District, and in part from C-2, General Commercial District, to C-1, Office District, subject to certain proffered conditions. 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, September 14, 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 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 951-2431. Sincerely, Sandra H. Eakin Y Deputy City Clerk SHE: ra Enco Room 456 Municipal Building 215 O'~u~'ch A~ue, S.W. P,~x~nc:~, '~rglnia 24(]111 (703) 981-2541 Mr. John M. Wilson, Page 2 August 27, 1987' Jr. CC: Mr. R. J. Miller, 1235 Crutchfield Street, N. E., Roanoke, Virginia 24019 Grandview Village Associates, cio Financial Services, 6833 Beverly Road, Suite 103, McLean, Virginia 22101 Double T. Associates, 3959 Electric Road, S. W., Suite 452, Roanoke, Virginia 24018 Mr. Gordon N. Dixon, Executive Director, Fifth Planning District Commission, P. 0. Box 2569, Roanoke, Virginia 24010 Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibl. ing, Jr., City Attorney Mr. Von W. Moody,' III, Director of Real Estate Valuation Ms. Susan S. Goode, Chairman, City Planning Co~nission Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals Mr. William Fo Clark, Director of Public Works Mr. Kit B. Kiser, Director of Utilities and Operations Mr. William M. Hackworth, Assistant City Attorney Mr. Charles M. Ruffine, City Engineer Mr. Ronald ti. Miller, Building Commissioner and Zoning Administrator Mr. John R. Marlles, Agent, City Planning Commission Ms. Martha P. Franklin, Secretary, City Planning Cowmission Ms. Doris Layne, Office of Real Estate Valuation PU£~L ISHEF' S F[-E - :577° 52 WILSDh VCGFL [:PEASY AND H~ B ,ILK kC A,4OK_ V~ 24~10 SI'ATE ~F VIRGINIA CITY OF AFFIDAVIT CF PURL[CATYDN I, {THE UDIDEF, StGNED) AN OFFICER OF T IMES-W(:RLD CO, FPGDATICN, WttlCt! C~R- POKATION IS PUBLISHED ~F THE FOANOKE TI~ES ~ WORLO-~EWS, A DAILY NEWSPAPER DUBLISHED IN ROAUOKE, IN THE STATE OF VIRGINIA~ DO CERTIFY THAT THE ANNEXFD NOTICE WAS PUBLISHED IN SAID NEWSPAPEr'S CN TH~ FOLLOWING DATES 08/28/~7 ,v,o ~,bl I r'l O WITNESS, THIS 8TH DAY OF SEPTEMBERI987 .......... C, FrICr_-~ S S6~F~NATIJRE PUBLIC HEARING TO WHOM, IT MAY CONCERN: NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant to the provisions of Article VII of Chapter 36.1 Code of the City of Roanoke (1979), as amended, the Council of the City of Roanoke will hold a Public Hearing on Monday, September 14, 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 RM-2, Residential Multi-Family District and C-2 General Commercial District, to C-1, Office District, the following property: A tract of land in the City located at the southeast corner of Hershberger Road and Valley View Boulevard, N.W., designated as Official Tax No. 2270222. 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 26th day of.. August ,1987 Mary F. Parker, City Clerk 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. Please send publisher's affidavit to: Please bill to: Ms. Mary F. Parker, City Clerk Room 456, Municipal Building Roanoke, Virginia 24011 Mr. John M. Wilson, Jr. Attorney P. O. Box 2420 Roanoke, Virginia 24010 Office ot the City Oe~'k August 27, 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 and l.,ist of property, owners from Joha M. Wilson, Jr,, Attorney, representing Double T Associates and Blue Ridge Mountains Council, Inc., No. 599, Boy Scouts of America, requesting that a tract of land lying at the southeast corner of Hershberger Road and Valley View Boulevard, N. E., encompassing the entirety of Official Tax No. 2270222, be rezoned in part from RM-2, Residential Multi-Family District, Medium Density District, to C-1, Office District, and in part from C-2, General Commercial District, to C-1, Office District, subject to certain proffered conditions. Sincerely, Sandra H. Eakin -.~' Deputy City Clerk SHE:fa cc: Mr. John M. Wilson, Jr., Attorney, P. O. Box 2420, Roanoke, Virginia 24010 Mr. John R. Marlles, Agent, City Planning Commission Ms. Martha P. Franklin, Secretary, City Planning Co~ission Mr. Ronald H. Miller, Zoning Administrator Mr. William M. Hackworth, Assistant City Attorney Room 456 Municipal Building 215 O'~urch Avenue, $.W. Roon,c:~e, "~rgin~ 24011 (703) 981-25~1 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGIN ¥.;; :' el,- IN RE: Rezoning of a tract of land lying at the southeast corner of Hershberger Road and Valley View Blvd., N.E., encompassing the entirety of tax number 2270222, in part from RM-..2 Residential Multi-~.family District, Medium Density District to C-1 Office District and in part from C-2 General Commercial District to C-1 Office District. '87 AMENDED PETITION TO RE Z ONE TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE The petitioners, Double T Associates and Blue Ridge Mountains Council, Inc., No. 599, Boy Scouts of America, are respectively the owner and contract donor and the contract donee of a tract of land in the City of Roanoke containing 2.28 acres~ more or less, located at the southeast corner of Hershberger Road and Valley View Blvd., N. E., encompassing the entirety of tax number 2270222. The tract is currently zoned in part ~4--2 Resi`- dential Multi~family District, Medium Density District, and in part C-2 General Commercial District. A map of the property to be rezoned is attached as Exhibit "A", upon which the property is designated '~Tract B", and a concept plan is attached as Exhibit Pursuant to Article VII of Chapter 36.1"-690, Code of the City of Roanoke (1979) ~ as amended, the petitioners request that the property be rezoned from RM-2 Residential Multi-~family Distric Medium Density District, and C.-2 General Commercial District to C~i Office District, for the building of an office building. The petitioners believe that the rezoning of the tract will further the intent and purpose of the City's zoning ordinance and its comprehensive plan, in that it will allow the highest and best use of the land in conformance with the overall neighborhood. The petitioners hereby proffer and agree that if the said tract is rezoned as requested, the rezoning will be subject to, and the petitioners will abide by, the following conditions: 1. The property will be developed in substantial compliance with a site plan prepared by Martin & Associates, dated August 1, 1987, a copy of which is attached to the amended petition for rezoning as Exhibit "B'~, subject to any changes required by the City during site plan review. 2. If no building permit has been issued and no construction has commenced within three years from the date of final zoning approval, the zoning shall revert to ~4.-2 and C-2 without further action by City Council. Attached as Exhibit "C" are the names, addresses, and tax numbers of the owner or owners of all lots or property immediately adjacent to and inmiediately across the street or road from the property to be rezoned. WHEREFORE, the petitioner requests that the above describe~ tract be zoned as requested in accordance with the provisions of the zoning ordinance of the City of Roanoke. Respectfully submitted this ~ day of August, 1987. DOUBLE T ASSOCIATES BLUE RIDGE MOUNTAINS COUNCIL, INC., No. 599t BOY SCOUTS OF A~RICA By: Jo~ M. Wilson, Jr. WILSON, VOGEL & CREASY P. O. Box 2420 Roanoke, VA 24010-2420 (703) 982-1220 688.48 EXHIBIT "C" Official Tax Number Owner's Name and Mailing Address 2270230 R. J. Miller 1235 Crutchfield Street Hollins, VA 24019 2270208 Grandview Village Associates 4902 Grandview Avenue, N. W. P. O. Box 2888 Roanoke, VA 24012 2380101 City of Roanoke c/o Office of the City Attorney 215 Church Avenue, S. W. Roanoke, VA 24011 2270226 ......... Petitioner .............. Double T Associates 3959 Electric Road, Roanoke, VA 24018 S. W. #452 TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA [l]¥ C' :!; ': [.C~' PERTAINING TO THE REZONING REQUEST OF: '87 2'? Request from Blue Ridge Mountains Council, Inc., No. 599, Boy Scouts of America, represented by Mr. John M. Wilson, Jr., Attorney, that a certain tract of land located at the intersection of Hershberger Road and Valley View Boulevard, N.E., being Official Tax No. 2270222, be rezoned from RM-2, Residential Multi-Family district and C-2, General Commercial district, to C-i, Office 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 ~15.1-341) Code of Virginia (1950), as amended, on behalf of the Planning Commission of the City of Roanoke she has sent by first-class mail on the 27th day of 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: PARCEL OWNER, AGENT OR OCCUPANT ADDRESS 2270230 2270208 1170116 R. J. Miller Grandview Village Associates c/o Financial Services Double T Associates 1235 Crutchfield Street,(,/ Roanoke, VA 24019 6833 Beverly Rd. Ste. 103 McLean, VA 22101 3959 Electric Road. Suite 452 Roanoke, VA 24018 Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 27th day of July, 1987. Notary Public My Commission Expires: Or, ce of ~e O~y Qe~k July 15, 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 a petition and list of property owners from John M. Wilson, Jr., Attorney, representing Blue R~dge Moun'tains Council, Inc., No. 599, Boy Scouts of America, requesting that a tract of land lying at the southeast corner of Hershberger Road and Valley View Boulevard, N. E., encompassing the entirety of Official Tax No. 2270222, in part from RM-2, Residential Multi-Family District, Medium Density District, to C-1, Office District, and in part from C-2, General Commercial District, to C-1, Office District. Sincerely, Mary F. Parker, CMC City Clerk MFP:ra Enc, cc: Mr. John M. Wilson, ,Ir., Attorney, p. O. Box 2420 Roanoke, Virginia 24010 ' 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. tlackworth, Assistant City Attorney ROOm456 MunlclpalBuildlng 215Chl, xchAve~ue, S.W. Roanoke, V~rglnla2401,,I (703)98t.2541 IN RE: IN THE COUNCIL OF THE CITY OF ROANOKE, Rezoning of a tract of land lying at the southeast corner of Eershberger Road and Valley View Blvd., N.E., PETITION encompassing the entirety of tax number 2270222, in TO part from RM-2 Residential Multi--family District, REZONE Medium Density District to C-1 Office District and in part from C-2 General Commercial District to C-1 Office District. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE The petitioners, Double T Associates and Blue Ridge Mountains Council, Inc., No. 599, Boy Scouts of America, are respectively the owner and contract donor and the contract donee of a tract of land in the City of Roanoke containing 2.28 acres, more or less, located at the southeast corner of Hershberger Road and Valley View Blvd., N. E., encompassing the entirety of tax number 2270222. The tract is currently zoned in part RM-2 Residential Multi-family District, Medium Density District, and in part C-2 General Commercial District. A map of the property to be rezoned is attached as Exhibit "A", upon which the property is designated "Tract B", and a concept plan is attached as Exhibit "B". Pursuant to Article VII of Chapter 36.1-690, Code of the Cit] of Roanoke (1979), as amended, the petitioners request that the~ property be rezoned from RM-2 Residential Multi--family District, Medium Density Distric~ and C-2 General Commercial District to C-1 Office District, for the building of an office building. The petitioners believe that the rezoning of the tract will further the intent and purpose of the City's zoning ordinance and its comprehensive plan, in that it will allow the highest and best use of the land in conformance with the overall neighborhood use, and will conform generally to existing usage of the neighbor- hood. The petitioners hereby proffer and agree that if the said tract is rezoned as requested, the rezoning will be subject to, and the petitioners will abide by, the following conditions: 1. The property will be developed in substantial compliance with a site plan prepared by Martin & Associates, dated July 7, 1987, a copy of which is attached to the petition for rezoning as Exhibit '~B", subject to any changes required by the City during site plan review. 2. If no building permit has been issued and no construction has commenced within three years from the date of final zoning approval, the zoning shall revert to RM-2 and C--2 without further action by City Council. Attached as Exhibit "C" are the names, addresses, and tax numbers of the owner or owners of all lots or property immediatel, adjacent to and immediately across the street or road from the property to be rezoned. WHEREFORE, the petitioner requests that the above described tract be zoned as requested in accordance with the provisions the zoning ordinance of the City of Roanoke. Respectfully submitted this __ day of July, 1987. of DOUBLE T ASSOCIATES BLUE RIDGE MOUNTAINS COUNCIL, INC., No. 599, BOY SCOUTS OF AMERICA By: Jo~n M. ~ilson, Jr. WILSON, VOGEL & CREASY P. O. Box 2420 Roanoke, VA 24010 (703) 982-1220 146.61 688.48 ~o~.~ hfA~Q ~T' : ORL EXHIBIT "C" Official Tax Number Owner's Name and Mailing Address 2270230 R. J. Miller 1235 Crutchfield Street Hollins, VA 24019 2270208 Grandview Village Associates 4902 Grandview Avenue, N. W. P. O. Box 2888 Roanoke, VA 24012 2380101 City of Roanoke c/o Office of the City Attorney 215 Church Avenue, S. W. Roanoke, VA 24011 2270226 .......... Petitioner ............. Double T Associates 3959 Electric Road, Roanoke, VA 24018 S. W. #452 September 23, 1987 File #$1 Mr. James M. Strickland, Jr. Hayes, Seay, Mattern & Mattern 1315 Franklin Road, S. W. Roanoke, Virginia 24016 Dear Mr. Strickland: I am enclosing copy of Ordinance ~o. 28784, rezoning Lot 16, Section 6, Exchange Building and Investment Company Map, con- taining approximately 0.149 acres, designated as Official Tax No. 1030'214, and located at 361 Allison Avenue, S. W., Lot 7, Sec- tion 6, Exchange Building and Investment Company Map, containing approximately 0.149 acres, designated as Official Tax No. 1030206, and located at 360 Walnut Avenue, S. W., and a one foot wide portion of Lot 17, Section 6, Exchange Building and Investment Company Map, containing approximately .00295 acre, designated as a portion of Official Tax No. 1030215, and located at 359 Allison Avenue, S. W., from RM-2, Residential Multi-Family District, to C-1, Office District, which Ordinance was adopted by the Council of the City of Roanoke on first reading on Monday, September 14, 1987, also adopted by the Council on second reading on Monday, September 21, 1987, and will take effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC City Clerk MFP:ra Eric. cc: Ms. Evelyn S. Gunter, Secretary, Architectural Review Board ~s. Edith D. Reedy, 368 Walnut Avenue, S. W., Roanoke, Virginia 24016 Roo~456 MunicipalBuildlng 215(~urchAve~ue, S.W. Roanoke, VIrglnlo24~11 (703)981-2541 Mr. James M. Strickland, Jr. Page 2 September 23, 1987 cc: Mr. & Mrs. William D. McMann, 364 Walnut Avenue, S. W., Roanoke, Virginia 24016 Mr. & Mrs. Louis D'Alessandro, 236 John Ochs Drive, Saddlebrook, New York 17662 Ms. Virginia A. Moomaw, 3?2 Allison Avenue, S. W., Roanoke, Virginia 24016 Mr. & Mrs. Robert Ward, 2018 Westover Avenue, S. W., Roanoke, Virginia 24016 Ms. Sarah H. Rubush, 362 Allison Avenue, S. W., Roanoke, Virginia 24016 Ms. Naomi Whitlock, ~358 Allison Avenue, S. W., Roanoke, Virginia 24016 Mr. & Mrs. George B. Hall, 363 Walnut Avenue, S. W., Roanoke, Virginia 24016 Mr. & Mrs. Fred M. Guilliams, 2609 Mallard Drive, S. Roanoke, Virginia 24018 Mr. & Mrs. B. Lynn Warren, P. 0. Box 8054, Roanoke, Virginia 24014 Mr. James W. Hyam$, P. 0. Box 8054, Roanoke, Virginia 24014 Mr. Garry C. Davis, 1310 Maple Avenue, S. W., Roanoke, Virginia 24016 Mrs. Joel Richert, 415 Allison Avenue, S. W., Roanoke, Virginia 24016 Mr. Wiley M. Peters, 354 Allison Avenue, S. W., Roanoke, Virginia 24016 Mr. & Mrs. Donald E. Wilson, 352 Allison Avenue, S. W., Roanoke, Virginia 24016 Mr. Beryl Hecking, 346 Allison Avenue, S. W., Roanoke, Virginia 24016 Ms. Jeannette I. Price, 371 Walnut Avenue, S. W., Roanoke, Virginia 24016 Hughes Partners, c/o First Federal Savings and Loan Association, 350 East Main Street, Wy theville, Virginia 24382 Mr. Barry F. Barosky, 1221 Franklin Road, S. W., Apt. A, Roanoke, Virginia 24016 Ms. Ethel M. Peters, 1221 Franklin Road, S. W., Apt. Roanoke, Virginia 24016 Mr. Paul W. Farris, Jr., 1221 Franklin Road, S. W., Apt. C, Roanoke, Virginia 24016 Ms. Catherine Gibbs, 1221 Franklin Road, S. W., Apt. Roanoke, Virginia 24016 Mr. James M. Strickland, Page 3 September 23, 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. 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 Corr~ission Ms. Toby S. Brown, Secretary, City Planning Corr~nission Ms. Doris Layne, Office of Real Estate Valuation IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of September, 1987. No. 28784. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 103, 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 R M-2, Residential Multi-Family District, to C-1, Office District, subject to certain conditions proffered by the applicant; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held on said application by the City Council at its meeting on September 14, notice thereof as required by §36.1-693, (1979), as amended, at which hearing all 1987, after due and timely Code of the City of Roanoke parties in interest and eiti- zens were proposed rezoning; and WHEREAS, this Council, after considering the tion, the recommendation made to the Council by Con~nission. the City's Comprehensive Plan, given an opportunity to be heard, both for and against the aforesaid applica- the Planning and the matters presented at the public hearing, is of the opinion that the hereinafter deseribed property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that §§36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 103 of the Seetional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: Property described as Lot 16, Section 6, Exehange Building and Investment Company Map, containing approximately 0.149 acres, designated as Offieial Tax No. 1030214, and located at 361 Allison Avenue, Lot 7, Section 6, Exehange Building and Investment Company Map, containing approximately 0.149 acres, designated as Offieial Tax No. 1030206, and located at 360 Walnut Avenue, and a one foot wide portion of Lot 17, Section 6, Map, eontaining approximately Official Tax No. 1030215, and Exchange Building and Investment Company .00298 acres, designated as a portion of located at 359 Allison Avenue, be, and is hereby rezoned from RM-2, Residential Multi-Family District, to C-1, Office District, subjeet to those conditions proffered by and set forth in the Petition for Rezoning filed with the City Clerk on July 14, 1987, and that Sheet No. 103 of the Zone Map be changed in this respect. ATTEST: City Clerk. fJ u Roanoke City Planning Commission September 14, 1987 The Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request from Hayes, Seay, Mattern & Mattern, that 361 Allison Avenue, S.W., designated as Official Tax No. 1030214, 359 Allison Avenue, S.W., designated as a one-foot portion of Official Tax No. 1030215, and 360 Walnut Avenue, S.W., designated as Official Tax No. 1030206, be rezoned from RM-2, Residential Multi-Family District to C-l, Office district, subject to certain conditions proffered by the petitioner. Background: me Previous rezonin~ requests for Tax Nos. 1030214 and 1030215 were heard in late 1985 and early 1986. Purpose of the requests were to permit use of the properties for parking initially, with possible building expansion for HSMM at some future date. Be Copy of 5/12/86 Council summary report of the Commission's public hearings (4) and issues is attached for your review. In May, 1986, at the recommendation of the Planning Commission, City Council rezoned Tax No. 1030215 from RG-2 to C-i, with the exception of a one-foot strip adjacent and parallel to Tax No. 1030214. D. Issues at that time were: Transitional use provisions of the 1966 zoning code which permitted commercial use of adjacent, residentially zoned properties without any approval from any governing body. Design compatibility of the proposed office expansion with the residential character of the neighborhood. 355 Municipal Building 215 Church Avenue, S '9/ Roanoke, Virginia 24011 (703) 981-2344 II. Current Situation: Petition was filed on 7/14/87 requesting that the remainder of Tax No. 1030215 and all of Tax Nos. 1030214 and 1030206 be rezoned from RM-2 to C-1 subject to the following condition: The rezoned property will be developed and used only in conjunction with the principal permitted use of the adjacent property, containing petitioner's professional offices, Official Tax No. 1030208, and uses accessory thereto. New Cit~ Zonin~ Ordinance includes the following provisions which address earlier rezoning concerns: Where the side yard of a C-1 district abuts a residential use, the side yard must be a minimum of fifteen feet (parking can be a part of a side yard). Where a non-residential use abuts a residential use, a landscaped screen a minimum of 10 feet wide and 6 feet high is required as a buffer. Neighborhood Preservation district, (H-2), was established which provides architectural design review for new construction and demolition of structures. Guidelines and standards for review relate to compatibility and enhancement of features that the district was established to protect. Transitional use provisions of the 1966 ordinance were eliminated. Petitioner proposes to use Tax Nos. 1030214 and 1030215 on Allison Avenue for a parking lot. If the rezoning request is approved, the parcels could be built upon in the future. Tax No. 1030206 on Walnut Avenue is proposed to continue in its current office use. A plan for the proposed parking lot has been provided and is attached for your review. Plannin~ Commission public hearing was held on 8/5/87. A copy of the minutes of that meeting are attached for your review. Jim Strickland of HSMM addressed the Commission and advised that they wanted to have their properties properly zoned for commercial use. Their intention has been to use the properties on Allison Avenue for parking and to continue using the properties on Walnut Avenue for office use. He further indicated that the development of the properties would be subject to the H-2, Neighborhood Preservation district regulations. III. Mr. Garry Davis, President of Old Southwest, Inc., 1310 Maple Avenue, S.W., appeared before the Commission on behalf of the Board of Old Southwest and advised they had not had the opportunity to consider the request before the entire neighborhood membership. On behalf of the Board, he advised that the matter was a sensitive issue for the neighborhood and that not all the neighborhood residents were in agreement. Old Southwest, Inc., has gone on record previously that they did not strongly oppose the properties on Allison for parking. Concerns that he expressed were that (1) the City understand the neighborhood expectations with regard to enforcing the intent and provisions of the H-2 regulations, (2) the properties on Allison only be used for parking, and (3) the buildings on Walnut be preserved and maintained. Mrs. Joel Richert (415 Allison Avenue) addressed the Commission and added that she felt there were alternatives to the parking issue through reuse of existing parking lots and that she was opposed to any further rezoning west of Franklin Road. She then presented a petition signed by approximately 120 persons. Mr. Tony Whitwell, Chairman of the City's Architectural Review Board, advised the Commission on behalf of the Board, of their intent to diligently enforce the H-2 regulations. The Commission asked if the petitioners would consider proffering conditions to address neighborhood concerns. Mr. Strickland advised that he felt that the H-2 district regulations would provide protection to the neighborhood. He advised further that HSMM intended to maintain the structures on Walnut Avenue and use the property on Allison Avenue for parking. A. Zonin~ is RM-2. Zoning along Franklin Road is primarily C-1. Land use of properties on Allison Avenue is vacant land (two houses were demolished in 1985). Land use of property on Walnut Avenue is an apartment building that is being used for RSMM office-related uses. Properties are adjacent to residential structures. Ce Utilities are available. Storm water would have to be managed on site. De Traffic is not a significant issue. Business is existing. Parking of employee cars on the residential street has been a concern of the neighborhood for years. Future expansion of the building is proposed to retain parking in some manner. Neighborhood is a National Register Historic District and is protected by H-2 zoning to ensure compatibility of new design, encourage appropriate rehabilitation and reuse of existing contributing structures. Franklin Road Corridor Study was conducted in 1985 to study zoning, land use and parking issues along Franklin Road and the office district between Franklin Road and Jefferson Street in Old Southwest. The report recommended: Updating zoning controls and revising boundaries to confirm existing land use patterns. Implementing design guidelines for the streetscape, parking areas and new construction. Encouragement of public-private actions to resolve conflicts between the commercial and residential community, especially with regard to parking. F. Comprehensive Plan recommends that: Neighborhood character and environmental quality should be protected. 2. Preservation of historic districts should be supported. Continued development of commercial and service facilities that serve the region should be encouraged. Expansion of industrial or commercial businesses in residential areas should be compatible and be "good neighbors." IV. Alternatives: A. Approve the rezoning request. Zoning becomes C-1. Condition limits use of the proposed properties to be in conjunction with the principal use on Tax No. 1030208. Land use is proposed for parking at the present time and maintenance of an existing structure. Future development for building or demolition purposes would have to be reviewed by the City's Architectural Review Board. 3. Utilities not affected. 4. Traffic not affected. Parking issues improved. Neighborhood commercial area increased. New 1987 regulatory controls provide protection to ensure compatibility. 6. Comprehensive Plan could be followed. B. Deny the rezoning request. 1. Zonin~ remains RM-2. 2. Land use restricted to residential. 3. Utilities not affected. 4. Traffic not affected. 5. Neighborhood still protected. 6. Comprehensive Plan could be followed. V. Recommendation: The Planning Commission recommended approval of the rezoning request by a vote of 4-0-1 (Mr. Price and Mrs. Goode absent and Mr. Bradshaw abstaining). HSMM is an existing business in the neighborhood which has need for parking space and future expansion. Given the residential/commercial history of the area, the subject request, and the vacant lot status of two of the properties requested for rezoning, it is reasonable that the zoning be changed to permit commercial use of the properties. Regulatory controls are now in place to ensure more compatible development in the neighborhood, to encourage reuse of structures instead of demolition, and to protect the integrity of the historic district. In the last few weeks, City staff, Old Southwest, Inc., and HSMM have continued to work together to resolve issues. Old Southwest and HSMM plan to continue their discussions between the Commission's hearing and City Council's meeting. Respectfully submitted, Michael M. Waldvogel, Vice Chairm Roanoke City Planning Commission MMW:ESG:mpf attachments cc: City Manager City Attorney Assistant City Attorney Director of Public Works City Engineer Zoning Administrator Petitioner President, Old Southwest Inc. V~IIoINIA: IN THE COUNCIL OF THE CITY OF ROANOKE IN RE: PETITION TO THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, TO AMEND THE PROVISIONS OF THE ZONING ORDINANCE OF THE CITY OF ROANOKE FROM ~-2 RESIDENTIAL MULT!FAMILY, MEDIUM DENSITY DISTRICT, TO C-1 OFFICE DISTRICT, FOR THREE PARCELS OF LAND, THE FIRST PARCEL BEING KNOWN AS LOT 16, SECTION 6, EXCHANGE BUILDING AND INVESTMENT COMPANY, 361 ALLISON AVENUE, CONTAINING APPROXIMATELY 0.149 ACRES, THE SECOND PARCEL BEING KNOWN AS A ONE FOOT WIDE PORTION OF LOT 17, SECTION 6, EXCHANGE BUILDING AND INVESTMENT COMPANY, 359 ALLISON AVENUE, CONTAINING APPROXIAMTELY .00298 ACRES, DESIGNATED ON TAX APPRAISAL MAP OF THE CITY OF ROANOKE AS PARCELS 91030214 AND A PORTION OF 61030215, RESPECTIVELY, AND THE THIRD PARCEL BEING KNOWN AS LOT 7, SECTION 6, EXCHANGE BUILDING AND INVESTMENT COMPANY, 360 WALNUT AVENUE, CONTAINING 0.149 ACRES, DESIGNATED ON TAX APPRAISAL MAP OF THE CITY OF ROANOKE AS PARCEL ~1030206, SUCH REZONING TO BE SUBJECT TO CERTAIN CONDITIDNS. PETITION FOR REZONING TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: (i) The petitioner, Hayes, Seay, Mattern & Mattern, is the owner of three parcels of land contiguous to each other and to the parcel containino its professional offices which are located in the City of Roanoke, Virqinia. Two of these parcels are located on the north side of Allison Avenue near its intersection with Franklin Road, being 361 Allison Avenue, Lot 16, Section 6, Exchange Building and Investment Company, containing approxima- rely 0.149 acres, and designated on the Roanoke City (~) Appraisal Map as Official Tax No. 1030214, and 359 Allison Avenue, being a portion of Lot 17, Section 6, Exchange Building and Investment Company, containing approximately .00298 acres, and designated as a portion of Official Tax No. 1030215. The third parcel is located on Walnut Avenue, being 360 Walnut Avenue, Lot 7, Section 6, Exchange Building and Investment Company, containing approximately 0.149 acres and designated on Roanoke City Appraisal.map as Official Tax No. 10302060. These tracts are currently zoned RM-2, Residential Multifamity, Medium Density District; however, the current use of parcel ~i0302060 conforms to C-1 Office District pursuant to the previou~ zoning ordinances of the City of Roanoke which continue to govern your peti- tioner's use of this parcel. A co~y of Roanoke City Appraisal ~ap Sheet 103 showing the property to be rezoned is attached to this petition as Exhibit A. Pursuant to Aritcle VII of Chapter 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioner requests chat said property be rezoned from RM-2, Residential Multifamily, Medium Density District, to C-l, Office District, subject to certain conditions set forth below, for the purpose of continuing the current - 3 use of Parcel ~1030206 and establishing a paved lot for off-street parking for use in conjunction with Petitioner's business on the other parcels. A site sketch of the proposed improvements to parcels ~1030214 and ~1030215 is attached hereto as Exhibit B. (3) The Petitioner believes that the rezoning of said pro- perty will further the intent and purpose of the Zoning Ordinance and the comprehensive plan of the City in t~at it will cause parcel ~1030206 to be used in conformity with its zoning designation and allow the petitioner to develop the other parcels for off-street parking facili- ties to be available to the clients and employees of Hayes, Seay, Mattern & Mattern and thereby reduce on- street parking and traffic flow through residential neighborhoods. (4). Attached as Exhibit C are the names and addresses of the owners of all property immediately adjacent to or across Allison and Walnut Avenues from the property to be rezoned. (5) The Petitioner hereby proffers and agrees that if the property is rezoned as requested, that the rezoning will be subject to, and the petitioner will abide by, the following conditions: (a) WHEREFORE, the Petitioner tract be rezoned as requested of the Zoning Ordinance of the The rezoned property will be developed and used only in conjunction with the principal permitted use of the adjacent property, containing peti- tioner's professional offices, Official Tax Map No. 1030208, and uses accessory thereto. requests that the above-described in accordance with the provisions City of Roanoke. Respectfully submitted, EXHIBIT C Adjoining Property Owners to Parcels: 1030206 1030215 1030214 1030204 Edith D. Reedy 368 Walnut Ave., SW Roanoke, VA 24016 1020205 William D. and Marcia A. 364 Walnut Ave., SW Roanoke, VA 24016 McMann 1030207 Hayes, Seay, Mattern and Mattern 356 Walnut Ave., SW Roanoke, VA 24016 1030208 Hayes, Seay, Mattern and Mattern 1315 Franklin Road, SW Roanoke, VA 24016 1030213 Louis Antoinette D;Alessandro 367 Allision Ave., SW Roanoke, VA 24016 1030404 Virginia Ankeney Moomaw 372 Allison Ave., SW Roanoke, VA 24016 1030405 Robert and Elizabeth Ward 366 Allison Ave., SW Roanoke, VA 24016 1030406 Sarah H. Rubush 362 Allison Ave., SW Roanoke, VA 24016 1030407 Naomi Whitlock 358 Allison Ave., SW Roanoke, VA 24016 Mailing Address: Route 1, Box 12-A Elliston, VA 24087 Mailing Address: 2018 Westover Ave., SW Roanoke, VA 24015 1030408 wiley M. Peters 354 Allison Ave., SW Roanoke. VA 24016 1030409 Oonald E. and Lisa V. Wilson 352 Allison Ave., SW Roanoke VA 24016 1030410 Beryl Necking 346 Allison Ave., SW Roanoke VA 24016 1022914 Jeannette Z. Price 371 Walnut Ave., SW Roanoke, VA 24016 1022915. George B. and Clara Hutcherson Hall 363 Walnut Ave., SW Roanoke, VA 24016 1022916 Fred M. and Alcia J. Guilliams 359 Walnut Avenue, SW Roanoke, VA 24016 1022917 8. Lynn and Nancy G. Warren 349 Walnut Ave., SW Roanoke, VA 24016 1O22921 Hughes Partners ~. 343 Walnut Ave., SW Roanoke, VA 24016 1025201 Barry F. Barosky t221 Franklin Road, SW Apt. A Roanoke, VA 24016 1025202 Ethel M. Peters 1221 Franklin Road, SW Apt. B Roanoke, VA 24016 Mailing Jddress: 2609 Mallard Drive, SW Roanoke, VA 24018 Mailing Address: C/o James W. Hyams P. O. Box 8054, Roanoke, VA 2~014 Mailing Address: C/o First Federal Savings and Loan 350 E. Main Street Wytheville, VA 24382 1025203 Paul W. Farris, Jr. 1221 Franklin Road, ~Ot. C Roanoke, VA 24016 SW 1025204 Catherine Gibbs 1221 Franklin Road, SW Apt. 0 Roanoke, VA 24016 Z ® Inl May 12, 1986 Honorable Noel C. Taylor, Mayor, and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request from Hayes, Seay, Mattern and Mattern (HSMM) represented by James Douthat, Attorney, that two contiguous tracts of land located on the north side of Allison Avenue, S.W. and designated as Official Tax Nos. 1030214 and 1030215, be rezoned from RG-2, General Residential District, to C-i, Office and Institutional District, subject to certain conditions proffered by tke petitioner. Your Commission held four separate public hearings on the above- referenced request. Given the lengthy proceedings surrounding the case, this cover report merely summarizes the Commission's deliberations on ~he matter. Attached, however, is a detailed staff report which goes into great detail in ~erms of discussion and analysis. Ao December 18, i985, Public Hearinz: Prior to any presentation by the applicant or interested citizens, the staff made a formal request that the matter be delayed until January i5, i986, in order to give ~hem the opportunity to (1) appgar before the Board of Zoning Appeals and Architectural Review Board to receive comments on the new Franklin Road Corridor Study, which it was believed would have a bearing on the applicant's request; and (2) allow an advisory review of the mac,er by the Architectural Review Board given that the subject properties were located within ~he Southwest Historic District (this district has not been designated as historic by the City). The staff's request for delay was approved by the Commission; however, the applicant's attorney and citizens interested in the matter were allowed to make presentations. ~ 35~, Mun~?l:x~l BullO~nc:j 215 Cbura~ Avenue S W Rc~:~4e Vira~m,a 24011 ~700) ~8'K234a B. January 15, 1986, Public Hearing: Staff reported to the Commission on the Board of Zoning Appeals and Architectural Review Board review of the Franklin Road Corridor Study. In addition, the Commission was given the written advisory recommendations of the Architectural Review Board on the Hayes, Seay, Mattern and Mattern request. The Commission voted to recommend denial of the HSMM request because of a tie vote (two Commissioners voting "for" the request, and two voting "against"). Only four of the seven Commission members were present for this'meeting. C. City Council, at its February 10, 1986, meeting referred the request back to the Planning Commission for further study, report, recommendation and vote by the full membership o3 the Planning Commission. April 16, 1986, Public Hearing: Planning Commission voted to continue the public hearing until April 23, 1986, to allow staff time to review a proposed building model presented by the petitioner at the public hearing. April 23, !986, Public HearinR: Staff presented a technical report considering the proposed rezoning in light of a development model presented by HSbiM. The staff report is attached for your review. Staff recommended that 45 feet of itt 17 (tax no. 1030215) be rezoned to C-i and that the remaining portion of lot 17 and ail of Itt i6 (tax no. 1030214) remain zoned RG-2. Lot 16. closest to the residences on Allison Avenue could only be used for residential development or a parking lot. The proposed zoning ordinance now being prepared by staff in con3unction with the Roanoke Vision Comprehensive Plan does not include the ~ransitional use provisions of the present zoning ordinance. It is staff's position that in order to secure the long-term use of the subject property for expansion cf HSMAM's office facility, it is necessary to rezone it to C-1. However, since HSMM has presented onlv the detailed design of a parking lot which could be constructed without a rezoning, and no detailed designs for their office expansion which is the desired long-term use of the property, it is staff's feeling that a 50-foot separation be established between the commercial and residential uses. Staff pointed out that the 50-foot wide buffer area could be reduced if and when HSMiM presented detailed site plans which indicated an adequate buffer could be provided on a smaller area. This would require another rezoning. The recommendation presented by staff is viewed by staff as a compromise between H$~ and the residents of the area. There are pros and cons to the recommendation for both parties. HSM~ will. as before, be able to construct its proposed parking lot provided a special exception is granted by the Board of Zoning Appeals; the proposed office expansion will be less than originally intended, but the right to expand will be secured by C-1 zoning district rather than through the transitional provisions of the existing Zoning Ordinance, which are likely to be deleted in the City's new zoning regulations. Pursuant to the staff's recommendation, residents of Allison Avenue would be faced with commercial zoning closer to the residential area but will be provided with sufficient setback to provide an appropriate buffer. The opportunity for a professional office being constructed on an adjoining residential lot through the transitional use provisions of the' Zoning Ordinance would be eliminated. Attorney for the petitioner responded to staff's report at length. In summary, he stated that staff's recommendation did not provide any more land for commercial development than was already available under the present transitional use provisions of the Zoning Ordinance. The petitioner offered to change the conditions of its petition to provide a 25 foot separation between the existing residence and the proposed building and to rezone 99 feet of the two properties rather than the full 100 feet width. Leaving a narrow strip between the conunercial and residential districts was viewed by staff and the petitioner as a me~hod of preventing the transitional use of the adjoining residential lot. There was, however, disagreement as to the appropriate location of the strip. Jan Wi!kins, speaking as a resident of Old Southwest, explained that he felt the solution offered in the staff recommendation was reasonable but that the Old Southwest neighborhood organization was still opposed to the rezoning request. After lengthy discussion, the Commission voted to recommend to Council that it rezone the property in line with :he staff recom~endation, as described above with one exception: that the transitional strip be one (1) foot wide instead of five (5) feet wide on lot number 17 (tax no. 1030215). The vote was three in favor of the motion (Mrs. Goods, Mr. Buford and Mr. Sowers); two opposed (Mr. Waldvogel and Mr. Jones); one abstention (Mr. Bradshaw); and one member absent (Mr. Price). The changes made by the Planning Commission to staff's recommendation provide HSMM with slightly more C-1 zoned area (49 feet rather than the 45 feet recommended by staff)while still providing a 50-foot separation between the business and residents. The dissenting votes on the matter were based on the size of the separation between the proposed office expansion and the adjoining residence. Messrs. Waldvogel and Jones felt the 50 foot width was more than necessary. To su~marize the concerns of the Commission regarding the rezoning request, I will note only the points which were generally expressed by the Com~ission: Parkin~ problem - The applicant's request to rezone was primaril~ based upon its immediate desire to construct an additional parking lot to accommodate employees who are now parking cn Allison Avenue. It was established that the installation cf this parking lot could be achieved by the granting of a special exception by the Board of Zoning Appeals and that a rezoning was not necessary; Future expansion - The applicant's request to rezone was secondarily based upon long-term plans to expand the oresent building. The applicant did produce a model regardin~ future expansion plans, but no details necessary for the Commisslnn to measure future impact on the neighborhood, future impact on the neighborhood being an essential criteria given the need to respect and preserve the historic character of the area; Neighborhood preservation is a basic concern of Old Southwest residents and City Planning staff, ihe area is rebounding as a residential neighborhood, and was recently placed on the National Register of Historic Places. The proposed rezoning encroaches into the historic district and consequently requires a comprehensive and sensitive approach to the design of the proposed uses. A substantial buffer is needed to maintain the character of the neighborhood. The 50 foot separation recommended by staff provides the opportunity to provide an appropriate buffer. Such a separation would require HS}~ to reduce the length of their proposed expansion by 30 feet; and D. Implementation of the Roanoke Vision Comprehensive Plan will be effected by this rezoning. This case is the first major test of the Plan's major objective: the preservation and enhancement of our neighborhoods. The decisions regarding this rezoning will establish the guidelines for future commercial development in this and other neighborhoods Respectfully submitted, Susan S. Goode, Chairwoman Roanoke City Planning Commission ROANOKE CITY PLANNING COMMISSION AUGUST 5, 1987 MINUTES The regular meeting of the Roanoke City Planning Commission was held on Wednesday, August 5, 1987, at 1:30 p.m., in the City Council Chamber. Mr. Michael M. Waidvogel, Vice Chairman, called the meeting to order at 1:30 p.m. Attendance was as follows: Members Present: Mr. John P. Bradshaw, Jr. Mr. Paul C. Buford, Jr. Mr. Richard A. Jones Mr. William A. Sowers Mr. Michael M. Waldvogel Members Absent: Susan S. Goode Charles A. Price, Jr. The following items were considered: 1. Approval of Minutes - July 1, 1987. There being no additions or corrections, Mr. Buford moved the minutes approved as presented. The motion was seconded by Mr. Bradshaw and approved 5-0. Request from Williamson Road Masonic Lodge #163, C. B. Mull and C. M. Wray, that an alley running between Oakland Boulevard and Pioneer Road, N.W., adjacent to tracts bearing official tax nos. 2090112, 2090111 and 2090118, approximately 248 feet long by 20 feet wide, be permanently vacated, discontinued and closed. Mr. James W. Sutliff (530 Huntington Boulevard) appeared before the Commission on behalf of the Williamson Road Masonic Lodge. He explained that to the best of his knowledge the alley had never been used and he would like to have it closed and fenced. There were no comments from the audience. Mr. John Marlies gave the staff report and noted that this was a fairly straightforward alley closure and the staff recommended approval of the request. There being no further discussion, Mr. Bradshaw moved the request be approved. The motion was seconded by Mr. Jones and approved 5-0. Request from Hayes, Seay, Mattern & Mattern, that 361 Allison Avenue, S.W., designated as Official Tax No. 1030214, 359 Allison Avenue, S.W., designated as a portion of Official Tax No. 1030215, and 360 Walnut Avenue, S.W., designated as Official Tax No. 1030206, be rezoned from RM-2, Residential Multi-Fmm~]y District to C-l, Office district., such rezonin~ to be subject to certain conditions proffered by the petitioner. Roanoke City Planning Commission Page 2 August 5, 1987 Mr. Waldvogel advised that a Commission member had called staff to indicate he would be late and asked that the request of HSMM be tabled until the end of the agenda in order to be present for discussion and vote. Mr. Buford moved to rearrange the agenda. The motion was seconded by Mr. Jones amd approved 5-0. Request from The Virginia Lutheran Homee, Inc., a Vir~inim corporation, represented by Edward A. Natt, attorney, that property located at 3804 Brandon Avenue, S.W., bearin~ Official Tax No. 5180304, and containing approximately 18.3 acres, be rezoned from RS-i, Residential Single Family district to RM-2, Residentim] Multi-Family district, such rezonin~ to be subject to certain conditions proffered by the petitioner. Mr. Waldvogel stated that Mr. Natt had requested the petition be tabled until the Commission's September meeting. There being no one present to speak to the matter, Mr. Bradshaw moved the matter be tabled. The motion was seconded by Mr. Sowers and approved 5-0. Request from Blue Ridge Mountains Council, Inc., No. 599, Boy Scouts of America, represented by Mr. John M. Wilson, Jr., Attorney, that a certain tract of land located at the intersection of Hershber~er Road and Valley View Boulevard, N.E., bein~ Official Tax No. 2270222, be rezoned from RM-2, Residential Multi-Fmm~y district and C-2, General Commercial district, to C-i, Office district, such rezonin~ to be subject to certain conditions proffered by the petitioner. Mr. John Wilson, attorney, appeared before the Commission and stated that his clients felt the development would help the neighborhood and not harm it in anyway. He pointed out the zoning in the area and stated that the traffic on Mart Street was one way into Valley View Boulevard. He noted that traffic would enter the site only from Mart Street, by entering Hershberger Road, then Grandview Avenue, and then Mart Street. Mr. Wilson explained that the site was a little over two acres and part of the site was zoned C-2, with the remaining zoned RM-1. He said that he was asking for a C-1 rezoning to permit an approximately 11,000 square foot building. He also explained that the site plan on the wall was slightly different from the one that was originally filed. He said that the new site plan was a proffered condition. Mr. Waldvogel asked for questions. Mr. Sowers asked how the property would be buffered considering the slope. Mr. Martin, architect advised that the Grandview Avenue site was higher than the backside. He stated that the area would be screened effectively, as required by the City's ordinance. Roanoke City Planning Commission Page 3 August 5, 1987 Mr. Marlles gave the staff report. He stated that staff recommended approval of the request. He said that he felt the office use would have a minimum traffic impact on the neighborhood. He said that the buffering requirement was 10 feet and he did not feel that anyone would be able to completely buffer the structure from the apartments. He also noted that the petitioner would have to amend his petition and refiie the petition and site plan with the City Clerk. There being no further discussion, Mr. Jones moved to approve the request. The motion as seconded by Mr. Buford and approved 5-0. 6. Resignation of Secretary. Mr. Waldvogel informed the Board of Martha Franklin's resignation from employment with the City of Roanoke, effective August 31. He thanked and commended her for her years of service to the Planning Commission. Mr. Bradshaw moved that a suitable resolution be adopted at a later meeting thanking Mrs. Franklin for her years of service. The motion was seconded by Mr. Buford and approved 5-0. Reports from the Ordinance and Nmmp~ Subcommittees on the CN District regulations. Mr. Bradshaw, Chairman of the Ordinance and Names Subcommittee, advised that the Subcommittee had spent a considerable amount of time reviewing the different issues relative to the CN district, such as not allowing middle-sized grocery stores on large tracts of land. He said that with the aid of staff and Bill Hackworth modifications to the CN zone had been developed. He noted that the Commission should have received copies of the proposed amendments. Mrs. Gunter gave the staff presentation. She went over the changes and noted that a separate provision for neighborhood shopping centers had been established. She said that it was proposed that food stores be permitted outright, that they would not be greater than 15,000 square feet unless they were in a neighborhood shopping center. She stated there were separate provisions for neighborhood shopping centers in the ordinance, which allowed a neighborhood shopping center in a neighborhood commercial zone permitted outright subject to certain requirements. Mrs. Gunter reviewed the requirements. Mrs. Gunter stated that if a neighborhood shopping center is developed in a neighborhood commercial zone, there has to be a minimum lot area of 60,000 square feet and you can have one food store that can exceed 15,000 square feet but not exceed 25,000 square feet. She stated that there were other requirements for additional stores within the neighborhood shopping center. Mr. Waldvogel stated that the reading of the section dealing with neighborhood shopping centers was very difficult. Mr. Jones commented there was a double negative and if that was eliminated, there would be less confusion. Roanoke City Planning Co~m~ission Page 4 August 5, 1987 Mr. Bradshaw moved that the Planning Commission accept the report of the Subcommittee and set a public hearing on the matter for Wednesday, August 19, 1987. The motion was seconded by Mr. Jones and approved 5-0. 8. Report from the Ordinance and Names Subcommittee on the City'g street naming policy. Mr. Bradshaw reviewed City Council's action on the proposed renaming of portions of Kimball Avenue and Hollins Road. He stated that there had been a complaint that a person affected by the renamings had not been notified and Council had directed the City Manager to report back on the matter of establishing a policy of notification. Mr. Bradshaw stated that the Commission did not publish notice of a change in street name in the newspaper nor did they notify individuals of the proposed name change. He stated he felt Council's concerns were justified in that it would seem appropriate that anyone affected by the street naming should be notified. He proposed that the Commission change their procedures so that mailed notices to all households and businesses affected by the change. He noted two exceptions to individual notification that could be approved by the Commission's chairman: (1) on a short section of a road when each addressee is a party to the petition to change its name; and (2) on a section of road where the transient nature of the majority of the tenants would not have justified a direct mailing to each resident. There were questions by the Commission as to why residents of apartments should not be notified. Mr. Bradshaw stated that would be at the discretion of the Chairman of the Commission. There being no further discussion, Mr. Waldvogel accepted the report and authorized the Chairman to forward a report to City Council. The motion was seconded by Mr. Buford and approved 5-0. 9. Hayes, Seay, Mattern and Mattern Request. Mr. Bradshaw announced that he would be abstaining from the discussion and vote on the matter. He also stated he would not be presenting the matter on behalf of Hayes, Seay, Mattern and Mattern (HSMM) as advised by the City Attorney's office because of an opinion rendered by the State Attorney General's office on the Conflict of Interest Act. Mr. Jim Strickland, principal with HSMM, appeared before the Commission and stated that he was requesting the rezoning of one full lot and a one-foot strip of an adjacent lot on Allison Avenue from RM-2 to C-1 for the express purpose of developing much-needed on-site parking. He stated that the lots were currently unimproved. He stated he also wanted to rezone one full lot on Walnut Avenue which adjoins HSMM property. He stated that the improvements on the Walnut Avenue lot were currently being used in conjunction with the business and were grandfathered under the old ordinance. Mr. Strickland advised that the rezoning of the vacant lots would allow HSMM to construct a parking lot which was only allowed within the C-1 zone. Roanoke City Planning Commission Page 5 August 5, i987 Mr. Strickland stated that he was proffering that the rezoned property would be developed and used only in conjunction with the principal permitted use of the adjacent property, containing petitioner's professional offices, Official Tax Map No. 1030208, and uses accessory thereto. Mr. Strickland also noted that the proposed use of the lots would be subject to the requirements of the H-2 overlay district in the new zoning ordinance. Mr. Strickland asked that the Commission give HSMM a favorable response. He said that he would be glad to answer any questions. Mr. Waldvogel asked Mr. Strickland to refresh the Commission's memory on the situation with regard to the one-foot strip. Mr. Strickland went over the history of the prior HSMM rezoning request. He said that the strip was reserved so that HSMM would not have a right to expand under the transitional use clause of the old zoning ordinance. He said that transitional use was no longer in the zoning ordinance and felt there should be no concern. Mr. Waldvogel asked for comments from the audience. Mr. Garry Davis, President of Old Southwest, Inc., appeared before the Commission and read from a prepared statement. This statement is attached to and made a part of these minutes. Mrs. Joel Richert (415 Allison Avenue, S.W.) appeared before the Commission and stated that she agreed with Mr. Davis' comments. She reviewed the zoning changes that had taken place in her neighborhood since she moved in during the early 1970s. She said that she felt that as a neighborhood, Old Southwest was of value to the City and that the houses were of value to the City of Roanoke. She stated that Old Southwest was being pushed to the limit. She noted that she had a petition signed by 120 people opposing the rezoning of property on the west side of Franklin Road to C-1. Mrs. Richert stated that she believed there were other things that HSMM could do to solve their problems, such as use lots across Franklin Road for parking. Mrs. Richert also commented on the use of the building on Walnut Avenue by HSMM and stated there was some question about whether or not the use was indeed grandfathered or allowed in the C-1 zone. Mr. Waldvogel stated that was something that should be discussed with the Zoning Administrator and was not part of the rezoning issue. Mr. W. L. Whitwell, Chairman of the Roanoke City Architectural Review Board, appeared before the Commission and stated that regardless of the zoning in the area of HSM~, the Old Southwest area was under the H-2 historic overlay zone and Architectural Review Board review and approval would be required for any proposed rehabilitation or demolition. He assured those present that the Board would uphold the H-2 legislation, which offered a great deal of protection to the neighborhood. Mr. Whitwell also advised the Commission of the ad-hoc committee established Roanoke City Planning Commission Page 6 August 5, 1987 by the Board to review developments in the H-2 zone on a case-by-case basis. Mr. Marlles gave the staff report. He said that staff recommended approval of the request. He said that the request was reasonable and and he felt the regulations that were in place, specifically the H-2 zone, guaranteed compatibility between the proposed parking lot and any new development in the surrounding neighborhood. He said that staff understood the neighborhood concerns in enforcing the H-2 regulations and felt there was no problem with the enforcement. Mr. Waldvogel asked if the Architectural Review Board had the right to request maintenance of a building by a property owner. Mr. Whitwell stated that the Board did not have that authority, but could request that the Zoning Administrator investigate a noted violation. Mr. Sowers asked if the petitioner wished to comment on Mr. Davis' request for further proffers. Mr. Strickland stated he would be glad to give his point of view. He said that as far as maintenance of the structure on Walnut Avenue, HSMM certainly intended to maintain it. He stated that it would not be to the benefit of HSMM to let the structure deteriorate and noted that he was trying to get a quote on reguttering. Mr. Strickland also commented on the transitional use of the structure at 360 Walnut Avenue. He noted that the Zoning Administrator had written a letter to a Mrs. Hall in 1984 advisimg on the use of the building. Mr. Strickland also stated that as far as a proffer on the parking lot, he stated that he did not know what the company's needs would be in five years and it may be possible that an expansion of their building could be necessary. He said that building them under the H-2 requirements would offer enough protection to the neighborhood. Mr. Waldvogel asked for other comments. Mr. Davis stated since no reasonable assurances were forthcoming, he would like the matter continued for 30 days. Mr. Sowers asked the purpose of the continuance. Mr. Davis stated he would like to poll his membership and receive comments from the neighborhood. He said that time was needed to educate them and get their feelings on the matter. Mrs. Richert commented that it would be nice for the entire membership of the Commission to be present to hear the request. There being no further discussion, Mr. Waldvogel asked for a motion. Roanoke City Planning Commission Page 7 August 5, 1987 Mr. Jones moved to recommend approval of the request. The motion was seconded by Mr. Sowers and approved 4-0-1 (Mr. Price and Mrs. Goode absent, Mr. Bradshaw abstaining). 10. Other Discussion. Mr. Waldvogel advised staff that he would like the election of a new Secretary to be put on the Co~ission's August 19, 1987, agenda. There being no further discussion, the meeting was adjourned at 2:45 p.m. MADAM CHAIRMAN, MEMBERS OF THE pLANNING COMMISSION: MY NAME IS GARRY DAVIS, PRESIDENT OF OLD SOUTHWEST, INC. THE REQUEST BY H.S.M.& M. THAT IS BEFORE YOU TODAY IS ONE OF SPECIAL /NTEREST TO RESIDENTS O~OUR NEigHBORHOOD. OLD SOUTHWEST, INC. HAS, IN THE PAST, GONE ON RECORD AS NOT BEING VIOLENTLY OPPOSED TO THE ESTABLISHMENT OF PROPERLY SCRE~ED PARKING ON THE 2 LOTS IN QUESTION ON ALLISON AV~krJE. THE ARGUMENT THEN WAS THAT THE BOARD OF ZONING APPEALS WAS THE PROPER FORUM TO ADDRESS THIS CHANGE OF USE FROM RESIDENTIAL TO PARKING USE. NOW THAT RM-2 HAS REPLACED THE OLD RO--2, AND TRANSITIONAL USE IS NO LONGER AN ISSUE, THE ARGUMENT HAS CHANGED. WE F~. IT IS IMPORTANT THAT YOU UNDERSTAND THAT RESIDENTS IN O.S.W. F~L STRONGLY ABOUT COMMERCIAL ENCROACHNENT INTO THE NEIGHBORHOOD. WE ALSO F~. IT IS IMPORTANT THAT YOU UNDERSTAND WHAT OUR EXPECTATIONS ARE IN REGARDS TO CITY GOVEBNMENT'S COMMITTMENT TO THE INTENT AND PROVISIONS OF THE H-2 NEIGHBORHOOD PERSERVATION DISTRICT SO RECENTLY ENACTED. WE HAVE SOME SPECIFIC CONCERNS ABOUT THE CHANGES YOU HAVE BE~ ASKED TO MAKE IN OUR NEIGHBORHOOD. ONE MAJOR CONCERN IS THAT THE TWO BUILDINGS NOW IN USE BY H.S.M.&M. ON WALNUT AVENUE NOT BE TORN DOWN OR SUBSTANTIALLY MODIFIED. WE ~ HOPE THAT IN FUTURE YEARS THESE BUILDINGS COULD BE DOWNZONED AND RETU~I'ED TO RESIDENTIAL USE. WE ARE ALSO CONCERNED THAT, IN THE MEAN TIME,~ THE CONDITION OF THE TWO BUILDINGS BE MAINTA]/~ED, THAT THEY NOT BE ALLOWED TO DETERIORATE TO THE POINT THAT THEY WOULD NO LONGER BE USEFUL STRUCTURES. WE ASK H.S.M.&M. TO SET ASIDE A MAINTAINANCE BUDGET FOR THESE TWO BUILDINGS, AND TO TAKE SOME TANGIBLE ACTION TO UPGRADE THEIR GUTTERING AND OTRER NECESSARY VISUAL MAINTA]NANCE, SUCH AS PAINTING. EVEN THOUGH H.S.M.&M. MAY DERIVE SOME COMMERCIAL B~rEFIT FROM THE USE OF THESE 2 BUILDINGS, THE BUILDINGS PLAY AN IMPORTANT ROLE IN THE STREETSCAPE AND ARE AN INTEGRAL PART OF THE ARCHITECTLq~AL CONTINUITY OF THE NEIGHBOR_HOOD. 2 WE ASK FOR A PROMISE OR PORFFER FROM H.S.M.&M. THAT THESE BUILDINGS REMAIN A PART OF THE STREETSCAPE, AND BE KEPT IN A-1 CONDITION. ON THE MATTER OF LOT 16 AND THE PORTION OF LOT 17 ON ALLISON AVENUE: IF THESE TWO LOTS WERE TO BE USED FOR PARKING, WE ASK THAT THE REZONED PORTION OF THE LOTS WOULD ALWAYS BE UMRD ONLY FOR PARKING, THAT NO CO~ERCIAL STRUCTURE BE BUILT ON TH]~4. WE ASK THAT H.S.M.&M. PROFFER THIS. COMMERCIAL ENCROACHMENT INTO THE NEIGHBORHOOD IS A SERIOUS ISSUE. IT RUNS COUNTER TO THE DESIGNS OF "ROANOKE VISION". IT IS, HOWEVER, F~W.T BY MANY THAT THE PARKING LOTS WOULD ALLEVIATE SOME OF THE PROBLEM OF RESIDENTIAL "ON STREET" PARKING. IF, THOUGH, HUMAN HABITS STAY THE SAME, AND H.S.M.&M. EMPLOYEE ALONG ALLISON AVENUE ~PITE OF THE CREATION OF ADDITIONAL PARKING, PARKING CONTINUES THEN WE MAY COME BEFORE YOU WITH A PLAN OF "RESIDENT ONLY" PARKING FOR RM-2 AREAS IN OUR NEIGHBORHOOD THAT ARE ADJACENT TO THOSE ZONED C-1. AGAIN WE ASK THAT IF TAX PARCELS #10302]l~ & #1030215 ARE TO BECOME PARKING LOTS, WE WANT ASSURANCE IN THE FORM OF A PROFFER THAT THEY WYatT. BE USED FOR N~THING ELSE BUT PARKING LOTS. IF THE REASONABLE ASSURANCES THAT WE SEEK CANNOT BE AGREED TO TO~AY, WE ASK FOR 30 DAYS SO THAT WE MAY CORRECTLY GATHER THE M~MBERSHIP THROUGH NOTIFICATION BY OUR NEWSLETTER, AND DISCUSS ALL SIDES OF THIS ISSUE. IT IS IMPORTANT THAT I M~NTION TO YOU SOMETHING ABOUT OUR HIGH EXPECTATIONS FOR THE PROTECTION THAT THE H-2 OVERLAY IS INTENDED TO PROVIDE. WE ARE AWARE OF THE STATED COMMITTMENT OF CITY GOVERNMENT TO THE INTENT OF THE NEIGHBORHOOD PRESERVATION DISTRICT; BUT WHEN THE TIME COMES, WE EXPECT ACTUAL COMMITTMENT AS WELL. WE EXPECT A FAIR HEARING OF ISSUES EVEN IF A POWERFUL ARCHITECTURAL FIRM BRINGS ITS CASE BEFORE THE ARCHITECTURAL REVIEW BOARD. WE EXPECT THE PROCESS TO WORK IN ACCORRANCE WITH THE INTENT OF THE OF THE ORDINANCE, AND WE WANT YOU TO KNOW WE ARE STANDING BY OUR WATCH ~iDE AWAKE. IN GOOD FAITH, WE EXPECT THAT CITY GOVERNMENT W~.T, ACT ON AND RESPOND TO THE INTENT OF THE ORDINANCE WHEN A CHAT,TANGE TO THE NEIGHBORHOOD IS MADE. IN SHORT, THE IDEAL THAT THE NEIGHBORHOOD PRESERVATION DISTRICT ORDINANCE AFFIRMS IS SOMETHING WE HAVE GREAT FAITH IN, EVEN THOUGH H-2 HAS YET TO BE SERIOUSLY TESTED. WHEN THAT TEST COMES, WE EXPECT CiTY GOVERNMENT TO L/VE UP TO ITS STATED GOALS AND COMMITTM~NTS. THANK YOU. Respectfully Submitted, A~ NUHBER ~26189]'3 PIJBLISFtEP,'S FEE- SLUS.4t) CITY OF ~DANOKE C/O NAFY F P,~,F KER CITY CLERKS OFFICE ROOM 456 MUNICIPAL BLDG ROANCKE VA 24011 STATE OF VIRGINt~ C ITY CF ROANOKE AFFI DA V[T OF PUBLICATION I, (THE UNDE~,SIGNEDI AN OFFICER OF T IMES-WOPED CORPOPATION, WttICH COR- PORATION IS PUBLISitER OF THE ROANOKE TIMES ~ WOF. LD-NEWS, A DAILY NEWSPAPEP PUGEISHED IN RmaNOK[~ IN THE ST&T[ OF VIRGINI&~ DO CERTIFY THAT TItE ~NNEXED ~]TICE WAS PURLISHEO IN SAID NE~SPAPE~S [:N THE FOLLOWING DATES 08/28/87 MORNING 09/04/8F MO~NI~!g NITNESS, THIS 3TH O~Y OF SEPTENBERLgS? N(Y£ICE OF PUBLIC HEARING TO WHOM IT MAy CONCERN: Pursuant to the provisions of Article VII of Chapter 36.1 Code of the City of Roanoke (1979), as amended, the Council of the City of Roanoke will hold a Public Hearing on Monday, September 14, 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 RM-2, Residential Multi-Family District, to C-1, Office District, the following property: Lot 16, Section 6, Exchange Building and Investment Company Map, containing approximately 0.149 acres, designated as Official Tax No. 1030214, and located at 361 Allison Avenue, Lot 7, Section 6, Exchange Building and Investment Company Map, containing approximately 0.149 acres, designated as Official Tax No. 1030206, and located at 360 Walnut Avenue, and a one foot wide portion of Lot 17, Section 6, Exchange Building and Investment Company Map, containing approxi- mately .00298 acres, designated as a portion of Official Tax No. 1030215, and located at 359 Allison Avenue. 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. Ail parties in interest and citizens may appear on the above date and be heard on the question. GIVEN under my hand this 26th day of Auqust ,1987 Mary F. Parker, City Clerk Office c~ the City Clerk August 27, 1987 File #51 Mr. John P. Bradshaw, Jr. tfayes, Seay, Mattern & Mattern 1315 Franklin Road, S. W. Roanoke, Virginia 24016 Dear Mr. Bradshaw: I am enclosing, copy. of a .re~ort of the City. Planning Commission recommending that the Council of the City of Roanoke grant the request of Hayes, Seay, Mattern & Mattern that three parcels of land, being 361 Allison Avenue, S. W., designated as Official Tax No. 1030214, 359 Allison Avenue, S. W., designated as a one foot portion of Official Tax No. 1030215, and 360 Walnut Avenue, S. W., designated as Official Tax No. 1030206, be rezoned from RM-2, Residential Multi-Family, Medium Density District, to C-1, Office District, subject to certain proffered conditions. 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, September 14, 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 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. Sincere ly , Sandra H. Eakin Deputy City Clerk SHE:ra I~m456 Munlc:lpalBulldlng 215 (~urch Avenue. S.W.l~.~e, Vl~Inla2~1011 (703)981-2~N1.1 Mr. John P. Bradshaw, Page 2 August 27, 1987' CC: Mr. James M. Strickland, Jr., Hayes, Seay, Mattern & Mattern, 1315 Franklin Road, S. W., Roanoke, Virginia 24016 Mr. W. L. Whitwell, Chairman, Architectural Review Board, 1255 Keffield Street, N. W., Roanoke, Virginia 24019 Ms. Edith D. Reedy, 368 Walnut Avenue, S. W., Roanoke, Virginia 24016 Mr. & Mrs. William D. McMann, 364 Walnut Avenue, S. W., Roanoke, Virginia 24016 Mr. & Mrs. Louis D'Alessandro, 236 John Ochs Drive, Saddlebrook, New York 17662 Ms. Virginia A. Mopmaw -372.Alii.son Avenue,. S. W. Roanoke, Virginia 24016 ' Mr. & Mrs. Robert Ward, 2018 Westover Avenue, So W., Roanoke, Virginia 24016 Ms. Sarah H. Rubush, 362 Allison Avenue, S. W., Roanoke, Virginia 24016 Ms. Naomi Whitlock, 358 Allison Avenue, S. W., Roanoke, Virginia 24016 Mr. & Mrs. George B. Hall, 363 Walnut Avenue, S. W., Roanoke, Virginia 24016 Mr. & Mrs. Fred M. Guilliams, 2609 Mallard Drive, S. W., Roanoke, Virginia 24018 Mr. & Mrs. B. Lynn Warren, P. 0. Box 8054, Roanoke Virginia 24014 Mr. James W. Hyams, P. O. Box 8054, Roanoke, Virginia 24014 Mr. Garry C. Davis, 1310 Maple Avenue, S. W., Roanoke, Virginia 24016 Mrs. Joel Richert, 415 Allison Avenue, S. W., Roanoke, Virginia 24016 Mr. Wiley M. Peters, 354 Allison Avenue, S. W., Roanoke, Virginia 24016 Mr. & Mrs. Donald E. Wilson, 352 Allison Avenue, S. W., Roanoke, Virginia 24016 Mr. Beryl ffecking, 346 Allison Avenue, S. W., Roanoke, Virginia 24016 Ms. Jeannette I. Price, 371 Walnut Avenue, S. W., Roanoke, Virginia 24016 Hughes Partners, c/o First Federal Savings and Loan Association, 350 East Main Street, Wy theville, Virginia 24382 Mr. Barry F. Barosky, 1221 Franklin Road, S. W., Apt. A, Roanoke, Virginia 24016 Mr. John P. Bradshaw, Page 3 August 27, 1987' Jr. CC: Ms. Ethel M. Peters, 1221 Franklin Road, S. W., Apt. B, Roanoke, Virginia 24016 Mr. Paul W. Farris, Jr., 1221 Franklin Road, S. W., Apt. Roanoke, Virginia 24016 Ms. Catherine Gibbs, 1221 Franklin Road, S. W., Apt. D, Roanoke, Virginia 24016 Mr. Gordon N. Dixon, Executive Director, Fifth Planning District Commission, P. 0. Box 2569, Roanoke, Virginia 24010 Mr. W. Robert tferbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Von W.. Moody, III., Director of Real Estate.~aluation Ms. 'Susan S. Goode, Chairman, City Planning Commission Mr. L. Elwood Norris, Chairman, Board of Zonin~ 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. Ruffine, City Engineer Mr. Ronald H. Miller, Building Commissioaer and Zoning Administrator Mr. John R. Marlles, Agent, City Planning Commission Ms. Martha P. Franklin, Secretary, City Planning Commission Ms. Doris Layne, Office of Real Estate Valuation TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGi~¥ LL! I PERTAINING TO THE REZONING REQUEST OF: Request from Hayes, Seay, Mattern & Mattern, that 361 Allison ) Avenue, S.W., designated as Official Tax No. 1030214, 359 ) Allison Avenue, S.W., designated as a portion of Official Tax )AFFI- No. 1030215, and 360 Walnut Avenue, S.W., designated as )DAVIT Official Tax No. 1030206, be rezoned from RM-2, Residential ) Multi-Family District to C-i, Office district. ) COMMONWEALTH OF VIRGINIA ) ) CITY OF ROANOKE ) TO-WIT: The affiant, Martha Pace Franklin, first being duly sworn, states that she is secretary to the Secretary of the City of Roanoke Planning Commission, and as such Is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of ~15.1-341) Code of Virginia (1950), as amended, on behalf of the Planning Commission of the City of Roanoke she has sent by first-class mail on the 27th day of 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: PARCEL 1030204 1030205 1030213 1030404 1030405 1030406 1030407 1022915 1022916 1022917 OWNER, AGENT OR OCCUPANT ADD RES S Edith D. Reedy 368 Walnut Avenue, SW Roanoke, VA 24016 William D. & Marcia A. McMann 364 Walnut Avenue, SW Roanoke, VA 24016 Louis & Antoinette D'Alessandro 236 John Ochs Drive Saddlebrook, NY 17662 Virginia Ankeney Moomaw 372 Allison Avenue, SW Roanoke, VA 24016 Robert & Elizabeth Ward 2018 Westover Avenue, SW Roanoke, VA 24016 Sarah H. Rubush 362 Allison Avenue, SW Roanoke, VA 24016 Naomi Whitlock 358 Allison Avenue, SW Roanoke, VA 24016 George B. & Clara H. Hall 363 Walnut Avenue, SW Roanoke, VA 24016 Fred M. and Alcia J. Guilliams 2609 Mallard Drive, SW Roanoke, VA 24018 B. Lynn and Nancy G. Warren James W. Hyams P.O. Box 8054 Roanoke, VA 24014 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: July 15, 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 a petition and list of property owners from Hayes, Seay, Mattern & Mattern, requesting that thre'e parcels' of land, the first being known as Lot 16, Section 6, Exchange Building and Investment Company, 361 Allison Avenue, containing approximately 0.149 acres; the second parcel being known as a one foot wide portion of Lot 17, Section 6, Exchange Building and Investment Company, 359 Allison Avenue, containing approximately .00298 acres, designated as Official Tax No. 1030214 and a portion of Official Tax No. 1030215, respectively; and the third parcel being known as Lot 7, Section 6, Exchange Building and Investment Company, 360 Walnut Avenue, containing 0.149 acres, designated as Official Tax No. 1030206, be rezoned from RM-2, Residential iiulti-Family, Medium Density District, to C-1, Office District subject to certain proffered conditions. ' Sincerely, Mary F. Parker, CMC City Clerk MFP:ra Enc. cc: Hayes, Seay, Mattern & Mattern, 1315 Franklin Road, S. W. Roanoke, Virginia 24016 , Mr. John R. Marlles, Agent, City Planning Corr~nission Ms. Martha P. Franklin, Secretary, City Planning Co~'~ission Mr. Ronald H. Miller, Zoning Administrator Mr. William M. Hackworth, Assistant City Attorney P, oom45~ tcipalBulldlng 215 Ch~ch Avenue, S.W.l~,vlrglnla24011 (703)981-2541 Office of the City September 23, 1987 File #2-207 Mr. W. Robert Iterbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 28797, authorizing the exe- cution of an option for the sale of an approximately 10.3 acre portion of Official Tax No. 7050107; and authorizing the execu- tion of the requisite deed and plat of subdivision for conveying such property, which Ordinance wae adopted by the Council of the City of Roanoke on first reading on Monday, September 14, 1987, also adopted by the Council on second reading on Monday, September 21, 1987. Sincerely, Mary F. Parker, City Clerk CMC MFP:ra Enco ee: Mr. Curtis J. Stiff, Superintendent of Sewing, Tultex Corporation, Po 0. ~ox 13567, Roanoke, Virginia 24035 Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Mr. Brian J. Wishneff, Chief of Economic Development Mr. Kit B. Kiser, Director of Utilities and Operations Mr. Jesse H. Perdue, Jr., Manager, Utility Line Facilities MS. Deborah J. Mos~, Chief, B~ngs and Collectio~ *Added to carbon copies on November 16, 1987. Room456 MunlclpalBuildlng 215 Church A',~ue, S.W. Roanc~e, Vlrgtnla24/)11 (703)981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2]st day of September, 1987. No. 28797. AN ORDINANCE authorizing the execution of an option for the sale of an approximately 10.3 acre portion of Official Tax No. 7050107; and authorizing the execution of the requi- site deed and plat of subdivision for conveying such pro- perty. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and the City Clerk are authorized, for and on behalf of the City, to execute and to seal and attest, respectively, an option with Tultex Corporation, a Virginia corporation, providing for the sale to said corpora- tion of an approximately 10.3 tract, being an as yet unsubdi- vided portion of Official Tax No. 7050107, for the sum of $51,500.00, such option to be for the consideration of $100.00, and to contain those terms and conditions set out in the draft option attached to the City Manager's report of September 14, 1987; such option to be approved as to form by the City Attorney. 2. The Mayor and the City Clerk are authorized and empowered to execute on behalf of the City and to seal and attest, respectively, the City's deed of conveyance of the above described property should the option be exercised upon the terms and conditions set forth therein; such deed to be approved as to form by the City Attorney. 3. The Mayor and the City Clerk are authorized and empowered to execute on behalf of the City a plat of sub- division of the abovedeseribed property, dedicating to the public the street and easements described in the option authorized above. 4. This ordinance shall not take effect until the ordinance considered contemporaneously herewith shall take effeet, authorizing the acquisition and condemnation, if necessary, of certain the property which is above. land needed for a right-of-entry into the subject of the option authorized ATTEST: City Clerk. Office of f~e O~ Oerk September 23, 1987 File #2-207 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. tterbert: I am attaching copy of Ordinance No. 28796, providing for the acquisition of certain land needed for the construction of a sixty foot right-of-way from King St.eet into City-owned property bearing Official Tax No. 7050107; authorizing the City Manager to determine to a certain limit the consideration to be offered for such land; providing for the acquisition of such land by condem- nation, if necessary; authorizing a motion for the award of a right of entry onto the subject land for the purpose of com- mencing construction of the needed right-of-way; which Ordinance was adopted by the Council of the City of Roanoke on first reading on Monday, September 14, 1987, also adopted by the Council on second reading on Monday, September 21, 1987, and will take effect ten days following the date of Sincere ly, Mary F. Parker, City C.lerk its second reading. CMC MFP:ra Enco cc: Mr. Mr. Mr. Mr. Mr. Mr. Mr. Wilburn C. Dibling, Jr., City Attorney Joel M. Schlanger, Director of Finance William F. Clark, Director of Public Works Charles M. Huffine, City Engineer Brian J. Wishneff, Chief of Economic Development Kit B. Kiser, Director of Utilities and Operations Jesse H. Perdue, Jr., Manager, Utility Line Facilities Room 456 Municipal Building 215 O'~urch Avenue, S.W. I~oonc~e, Virginia 24011 (703) 98t-2541 Office ~ the O~y Oe~ September 23, 1987 File #2-207 Mr. Thomas N. Key, Esquire P. O. Box 1625 Roanoke, Virginia 24008 Dear Mr. Key: I am enclosing copy of Ordinance No. 28796, providing for the acquisition of certain land needed for the construction of a si~ty foot right-of-way from King Street into City-owned pro- perty bearing Official Tax No. 7050107; authorizing the City Manager to determine to a certain limit the consideration to be offered for such land; providing for the acquisition of such land by condemnation, if necessary; authorizing a motion for the award of a right of entry onto the subject land for the purpose of com- mencing construction of the needed right-of-way; and directing the giving of notice of this ordinance, which Ordinance was adopted by the Council of the City of Roanoke on first reading on Monday, September 14, 1987, also adopted by the Council on second reading on Monday, September 21, 1987. ~"~ ~ ~'SincerelY' ~~ Mary Fo Parker, CMC City Clerk MFP:ra Enc. Room 456 Municipal Building 215 Churo~ Avenue, S.W. Ro(3no~e, Virginia 240~'1 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 2]st day of September, ]987. No. 28?96. VIRGINIA, AN ORDINANCE providing for the acquisition of certain land needed for the construction of necessary public rights- of-way; authorizing the City Manager to determine to a cer- tain limit the consideration to be offered for such land; providing for the acquisition of such land by condemnation, if necessary; authorizing a motion for the award of a right of entry onto the subject land for the purpose of commencing construction of the needed right-of-way; and directing the giving of notice of this ordinance. BE follows: way cial IT ORDAINED by the Council of the City of Roanoke as 1. For the construction of a sixty foot (60') right-of- from King Street into City-owned property bearing Offi- Tax No. 7050107, and for the installation of public utilities within such right-of-way to serve the subject pro- perty, the City needs to acquire certain property from the owners of Official Tax Nos. 7050105, 7050103, and 7050102, which property is more particularly described in the City Manager's report of September 14, 1987. The City Manager is therefore authorized to acquire from the respective owners the necessary property to construct the needed right-of-way. 2. The City Manager is directed the City to the owners of the subject as he deems appropriate, not to exceed of such land, as determined by the City. Upon the accept- ance of any offer and upon delivery to the City of a deed, approved as to form and execution by the City Attorney, the Director of Finance is authorized to pay the respective con- sideration to the owners of the interest conveyed. 3. Should the City be unable to of any of the property to be acquired a person under disability and lacking to offer on behalf of land such consideration the fair market value agree with the owner or should any owner be capacity to convey real estate or should the whereabouts of the owner be unknown, the City Attorney is authorized and directed to institute condemnation or legal proceedings to acquire for the City the appropriate property. 4. In instituting or conducting any condemnation pro- ceeding, the City Attorney is authorized to make motion on behalf of the City for entry of an order, pursuant to §25-46.8, Code of Virginia (1950), as amended, granting to the City a right of entry for the purpose of commencing the project. The Director of Finance, upon request of the City Attorney, shall be authorized and directed to draw and pay into court the sums offered to the respective owners. 5. The City Clerk is directed Key, Esquire, to mail a copy of this counsel for the respec- ATTEST: ordinance to Thomas N. rive property owners. City Clerk. September 14, 1987 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: subject: Option for Tultex Corporation I. Background: City of Roanoke owns approximately 20 acres of land zoned light manufacturing in the northeast part of the City located off of Berkley Road. Subject land has appeared in all of the Roanoke City Economic Development Commissions master plans as a piece of property that the City should market for industrial purposes. Tultex Corporation has recently sold its buildings at 6th and Luck Avenue to Twin Cities Corporation located in Winston-Salem, North Carolina. Twin Cities, which has already hired approximately 100 people, is dying cloth for third party contracts. The sale of these facilities makes it necessary for Tultex to find a new location for its sewing operation. Do Tultex Corporation, because of its con~itment to its existing employees, has a desire to find a site in Roanoke before it would look elsewhere. II. Current Situation: A 90-day o~tion has been requested by Tultex Corporation on approximately 10.3 acres of land, being an as yet unsubdivided portion of official tax no. 7050107, in the site that the City owns off of Berkley Road (map attached). Tultex intends to build an approximately 50,000 square foot facility which would initially employ 200 people and is expected to eventually employ in excess of 400 people. Tultex desires a 90-day option in order to fully investigate the development costs of this proposed site. B. Main components of the proposed attached option are: 1. Price. Sale of land would be for $5,000 per acre. Members of Council September 14, 1987 Page 2 2. Term. Option would be for 90 days. Right of entry. Option would give Tultex the right to enter the site to conduct borings and surveys. Closure time. Option would give Tultex 180 days to close on the property from the time the option is exercised. King Street components. Option would com~it the City to making King Street adequate to serve the proposed development prior to opening of the plant, if Tultex exercises the option. It is not anticipated that such will require significant or costly improvements. Purchase or condemn right-of-way for new access. Exercising the option would commit the City to constructing a public road to the proposed property from King Street. This project should be eligible for industrial access funds since Tultex is a manufacturer. Utility expenditures. Exercising the option will require the City to extend water and sewer lines to the property line, prior to the opening of the plant. III. Issues: A. Timing. B. Cost. C. Economic Development. III. Alternatives: Authorize the City Manager to execute the attached 90-day option with Tultex Corporation for an approximately 10-acre piece of property owned by the City of Roanoke. Authorize the City Manager to proceed on taking all necessary and appropriate actions, to include condemnation, to acquire a 60' right-of-way from King Street through a combination of Tax Nos. 7050105, 7050103, and 7050102, to the property for sale. Timing is an issue in that Tultex is now temporarily operating out of its former buildings on 6th Street and is quickly trying to secure a site for new construction. Members of Council September 14, 1987 Page 3 Cost to the City for acquisition of right-of-way, construction of a public access road from King Street to the property, and extension of water and sewer lines to the property is estimated to be $210,000. This project is eligible for state industrial access funds. Funding sources would be state industrial access funds, proceeds from the sale of land and capital fund interest. Economic Development efforts would be greatly enhanced as 400+ new and existing jobs would be made available in the City of Roanoke. Bo Do not authorize the City Manager to execute the attached option. Timing is an issue for Tultex and thus they would have to quickly make plans in some other area of the state. Cost to the City could be the loss of taxes generated from the facility, 400+ jobs and the payroll that goes with it. Economic Development. Job opportunities in the textile industry would possibly be lost. IV. Recom~endation: Recommend Alternative A to authorize the City Manager to execute the attached 90-day option with Tultex Corporation for an approximately 10.3-acre piece of property owned by the City of Roanoke. Authorize the City Manager to proceed on taking all necessary and appropriate actions, including condemnation, to acquire a 60' wide right-of-way (shown on Exhibit A) for fair market value as determined by the City from King Street through a combination of Tax Nos. 7050105, 7050103, and 7050102, to the property for sale. Sincerely, W. Robert Herbert City Manager WRH/kds Attachment cc: Wilburn Dibling, City Attorney Joel Schlanger, Director of Finance Brian J. Wishneff, Chief of Economic Development William F. Clark, Director of Public Works Kit B. Kiser, Director of Utilities and Operations DRAI~ #3 9-11-87 · THIS OPTION made this day of October, 1987, by the CITY OF ROANOKE, VIRGINIA, hereinafter called the "Optionor", and TULTEX CORPORATION, a Virginia corporation, hereinafter called the "Optionee.. W I TNE S SETH: 1. Grant of Option. In consideration of the sum of One Hundred Dollars ($100.00) cash paid by Optionee to Optionor, receipt whereof is hereby acknowledged, Optionor hereby grants to Optionee the exclusive option to purchase the premises more particularly set forth in Paragraph 2 of this Option. 2. Description of Optioned Premises. property is de'scribed as follows: The optioned An approximately 10.3-acre tract, being an as yet unsubdivided portion of Official Tax No. 70'50107, identified on Exhibit A attached here- to, and hereinafter referenced as the "Property." 3. Expiration Date. If not sooner exercised, this Option shall expire ninety (90) days from the date of this Option, and thereafter shall be null and void. 4. Purchase Price. The purchase price of the Property shall be Five Thousand Dollars ($5,000.00) per acre, payable at closing. The sum paid for this Option shall be credited on account of the total payment to be made on the closing as provided herein. 5. Failure to Exereise Option. If Optionee does not exercise this Option as herein provided, then all monies paid by Optionee shall be retained by Optionor, free of ail claims by Optionee, and neither party shall have any further rights or claims against the other. 6. Exercise of Option. Notice of the exercise of this Option shall be given to Optionor in person or by mailing a copy thereof, postage prepaid, addressed to Optionor, at the address specified below or at such other address that Optionor shall hereinafter specify in writing delivered to Optionee. If this Option is exercised (in accordance with its terms), Optionor shall sell and convey the Property to Optionee, and Optionee shall purchase and accept the Property from Optionor, on and subjeet to the terms and conditions contained in this agreement. 7. Condition of Sale. The sale and conveyance of the Property shall be subject to the following: (a) Present and future laws, ordinances, regula- tions, restriction, or or municipal government lng without limitation, imposed by governmental (b) Facts that survey. record orders of any federal, state, county, or of any public authority, includ- zoning and any other restrictions authority. would be disclosed by an accurate (c) Rights-of-way, easements, or conveyances of or that an accurate survey or inspection would dis- close for roads, construction of roads, railroads, public utilities, telephone and power lines, and drainage. (d) The"conveyance shall be subject to the Op- tionee beginning construction on the property, within nine (9) months after closing, a manufacturing facility of approxi- mately fifty thousand (50,000) square feet (hereinafter the "Facility"). If, after the expiration of two (2) years from the date of closing, Optionee shall not have completed the Facility, then, in that event, the Optionor shall have the right and option to refund to Optionee the amount of the original purchase price paid for the Property by the Optionee; whereupon, Optionee shall forthwith convey the Property back to Optionor. In the event that the Optionee for any reason fails or refuses to convey title back to the Option6r as required herein, then, in that event, Optionor shall have the right to enter into and take possession of the Property, along with all rights and causes of action necessary to have title to the Property conveyed back to Optionor. (e) Optionor agrees to make, prior to the comple- tion of the Facility, such improvements to King Street from United States Route 460 to its intersection with the access road to serve the Property as are deemed necessary and appropriate by Optionor to ensure that King Street will be adequate to serve the proposed development. (f) Optionor agrees, as part of the subdivision of Official Tax No. 7050107, to construct a public street to City standards that will connect the Property to King Street. Such street will be completed prior to the comple- tion of the Facility. (g) Optionor agrees to construct within the right- of-way of the public street referenced in Subparagraph 7(f) above, water lines and sanitary sewer lines to the property line of the Property. Such lines shall be of such capacity as is mutually agreed upon by the parties. Such lines will be completed prior to the completion of the Facility. (h) The provisions of Paragraphs 7(d). 7(e), 7(f) and 7(g) shall survive the delivery and acceptance of the deed. 8. Title. The Optionor warrants that it has fee simple title to the Property. Optionee, at its own expense, shall order a title {nsurance policy, including a title binder, in the amount of the purchase price issued by a national title company acceptable to Optionor. Such title policy shall re- veal insurable and marketable title in Optionor and shall be free from all standard ALTA exceptions. In the event the binder reflects defects or other conditions which would pre- vent conveyance of an insurable and marketable title to Op- tionee or prevent Optionee's contemplated use of the Property, Optionee shall advise Optionor and Optionor shall, at its option, either (i) cancel this Option by written notice to Optionee, whereupon all monies paid pursuant to this Option shall be refunded, or (ii) proceed diligently at its expense to clear title to the Property within ninety (90) days from such notice. In the event title to the Property shall not prove marketable within ninety (90) days, Optionee shall have the option of demanding and receiving back the earnest money deposit and shall be released of all obligations hereunder. 9. Conveyance. At the closing Optionor shall deliver a General Warranty deed with English Covenants of Title con- veying a fee simple title to the Property to Optionee, sub- ject to all conditions, reservations, restrictions and ease- ments of record, duly executed in form for recording by Optionor's Mayor and attested by Optionor's Clerk. The deed shall be prepared at the expense of the Optionor. 10. Closing. The closing shall be held at a time of Optionee's selection within 180 days after Optionee gives Optionor notice of its intent to exercise its Option. Clos- ing shall take place in the office of the Optionor or some other mutually agreeable place. 11. Assignment. This Option is not assignable by Optionee. 12. Prorations. Taxes, if any, shall be prorated as of the date of closing. 13. Right to Survey and Make Test Borings. Optionee may at any time prior to the exercise of this Option. or after exercise of this Option and prior to closing, enter upon the Property for the purpose of surveying the Property or making test borings or for the purpose of inspection and - 5 investigation. damage ty as a 14. Optionee will reimburse Optionor for any to crops, fences, roads or other items on the Proper- result of actions of the Optionee. Real Estate Broker. The parties agree that no broker or finder brought about this transaction, and that no fees or commissions are due or owing to any such party as a result of this transaction. 15. Risk of Loss. Ail risks of loss or damage to the Property by fire, windstorm, casualty, or other cause is assumed by Optionor until closing. In the event of substan- tial loss or damage to the Property before closing, Optionee shall have the option of either terminating this Option and recovering the deposit made, or affirming this Option, in which event Optionor shall assign to Optionee all of Optionor's righ'ts under any policy or policies of insurance applicable to the Property. 16. Entire Agreement. This Option constitutes the en- tire agreement between the parties. No representations, warranties, or promises pertaining to this Option or the Property have been made by, or shall be binding on, any of the parties except as expressly stated in this Option. This Option may not be changed orally but only by an agreement in writing signed by the party against whom enforcement of any such change is sought. 17. Notices. Any notice or demand under this Option shall be sent by registered or certified mail as follows: To Optionor: c/o W. Robert Herbert, City Manager, Room 364, 215 Church Avenue, S. W., Roanoke, Virginia 24011; and to Optionee: c/o Alvin Ratliff, Vice-President, Operations, Tultex Corporation~ P. O. Box 5191, Martinsville, Virginia 24115. 18. Construction. The interpretation, construction, and performance of this Option shall be governed by the laws of the Commonwealth of Virginia. 19. Benefit. This Option shall inure to the benefit of and shall bind the heirs, personal representatives, succes- sors and assigns of the respective parties. WITNESS the following signatures and seals: OPTIONOR: ATTEST: CITY OF ROANOKE, VIRGINIA Mary F. Parker, City Clerk By Noel C. Taylor, Mayor ATTEST: (Title) OPTIONEE: TULTEX CORPORATION By (Title) STATE OF VIRGINIA ) ) CITY OF ROANOKE ) I hereby certify Mayor and City Clerk, To-wit: that NOEL C. TAYLOR and MARY F. PARKER, respectively, of the City of Roanoke, Virginia, a municipal corporation, whose names are signed to the foregoing Option dated . 1987, on behalf of said corporation, acknowledged the same before me on the day of , 1987. My Cor~nission expires: Notary Public STATE OF To-wit: CITY/COUNTY OF I hereby certify that and , and , respectively, of TULTEX CORPORA- TION, a Virginia corporation, whose names are signed to the foregoing Option dated , 1987, on behalf of said Corporation, acknowledged the same before me on the day of , 1987. My Cor~nission expires: Notary Public - 8 - September 23, 1987 File #2~207 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 28798, authorizing the exe- cution of an option for the sale of approximately 20.8 acres of land within the Roanoke Centre for Industry and Technology to @CI Corporation; and authorizing the execution of the requisite deed and plat of subdivision for conveying such property, which Ordinance was adopted by the Council of the City of Roanoke on first reading on Monday, September 14, 1987, also adopted by the Council on second reading on Monday, September 21, 1987. Sincerely, ~ary F. Parker, CMC City Clerk MFP:ra Enco cc: QCI Mr. Corporation Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Mr. Brian J. Wishneff, Chief of Economic Development Mr. Kit B. Kiser, Director of Utilities and Operations ~. Deborah J. Mos~, Chief, Bi~ngs and Collectio~ *Added to carbon copi~ on November 16, 1987. Room456 MuniclpalBuildlng 215ChurchAve~ue.S.W. Roanoke, VIrglnia24011 (703)981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE. VIRGINIA, The 21st day of September, 1987. No. 28798. AN ORDINANCE authorizing the execution of an option for the sale of approximately 20.8 acres of land within the Roanoke Centre for Industry and Technology to QCI Corpora- tion; and authorizing the execution of the requisite deed and plat of subdivision for conveying such property. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and the City Clerk are authorized, for and on behalf of the City. to execute and to seal and attest, respectively, an option with QCI Corporation, a New Jersey corporation, providing for the sale of an approxima- tely 20.8 acre tract, as yet unsubdivided, within the Roanoke Centre for Industry and Technology, identified as Area 8 for the sum of $250,000.00, such option to be for the considera- tion of $1,000.00, and to contain those terms and conditions set out in the draft option attached to the City Manager's report of September 14, 1987; such option to be approved as to form by the City Attorney. 2. The Mayor and the City Clerk are authorized and empowered to execute on behalf of the City and to seal and attest, respectively, the City's deed of conveyance of the above described property should the option be exercised upon the terms and conditions set forth therein; such deed to be approved as to form by the City Attorney. 3. The Mayor and the City Clerk are authorized and empowered to execute on behalf of the City a plat of sub- division of the abovedescribed property, dedicating to the public the street and easements described in the option authorized above. ATTEST: City Clerk. CITY" September 14, 1987 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Option at the Roanoke Centre for Industry and Technology for QCI Corporation I. Background: ao QcI Corporation, a manufacturer of electronic components, has requested an option on approximately 20.8 acres in the city's Roanoke Centre for Industry and Technology. The approximately 20.8 acre site is located in an area referred to as "Area 8" on the Roanoke Centre master map (maps attached). QcI corporation, if it exercises the option, would be constructing, initially, approximately a 60,000 square foot manufacturing facility in this Phase I, which would employ at least 150 people and with equipment, would have an investment of approximately $10 million. D. Conditions of the option are as follows: 1. Option is for 90 days. 2. Sale price of the 20.8 acres is $250,000. City must construct a public road, approximately 825 feet in length and 30 feet in width along the eastern boundary of the property. QCI, Corporation will pay for curb and gutter, lighting and landscaping along the road. City would install a 12 inch water line within the public street. City would construct sanitary sewer facilities sufficient to serve the facility which will include a pump station. Members of Council September 14, 1987 Page 2 II. Issues: A. Timing. B. Cost. C. Economic Development. III. Alternatives: ao Authorize the City Manager to enter into the attached option with QCI Corporation. Timing is important in that QCI Corporation wants the opportunity to do subsurface and other engineering work on the site in time for its November board meeting. Cost to the City to provide the public street, water, sewer and sanitary sewer pump is estimated to be $250,000. Funding would be from the proceeds from the sale of land. Economic development in the City would be greatly enhanced. Initially 150 basic manufacturing jobs would be provided as well as some 6-8 million dollars in equipment, the sum total in the first year which might generate some $147,000 in local taxes. Additional expansion in other developments in related facilities by QCI Corporation, in the short term also has a high probability. Do not authorize the City Manager to enter into the attached option. 1. Timing is not an issue. 2. Cost is not an issue. 3. Economic development opportunity would be missed. Members of Council September 14, 1987 Page 3 IV. Recon%mendation: Recommend Alternative A to authorize the City Manager to enter into the attached option with QCI Corporation. Respectfully submitted: W. Robert Herbert City Manager WRH/kds Attachments cc: Wilburn C. Dibling, Jr., City Attorney Joel M. Schlanger, Director of Finance William F. Clark, Director of Public Works Kit B. Kiser, Director of Utilities and Operations Brian J. Wishneff, Chief of Economic Development DRAFT #4 September 10, 1987 THIS OPTION made this day of October, 1987, by the CITY OF ROANOKE, VIRGINIA, hereinafter called the "Optionor", and QCI CORPORATION, a New Jersey corporation, hereinafter called the "Optionee". W I T N E S S E T H: 1. Grant of Option. In consideration of the sum of One Thousand and 00/100 Dollars ($1,000.00) cash paid by Optionee to Optionor, reeeipt whereof is hereby acknow- ledged, Optionor hereby grants to Optionee the exclusive option to purchase the premises more particularly set forth of this Option. in Paragraph 2 2. property Description of Optioned Premises. The optioned is described as follows: An approximately 20.8 acre tract, as yet unsub- divided, within the Roanoke Centre for Indus- try and Technology, identified as Area 8 on the site plan prepared by Mattern & Craig, Consult- ing Engineers and Surveyors, dated September 3, 1987, attached as Exhibit A hereto. 3. Expiration Date. If not sooner exercised, this Option shall expire ninety (90) days from the date of this Option, and thereafter be null and void. 4. Purchase Price. The purchase price of the Property shall be TWO HUNDRED FIFTy THOUSAND DOLLARS ($250,000.00), payable at closing. The sum paid for this Option shall be credited on account of the total payment to be made on the closing as provided herein. If this Option Optionor shall Optionee shall on and subject agreement. 7. Condition Failure to Exercise Option. If Optionee does not this Option as herein provided, then all monies paid free of all claims any further rights Property of Sale. The shall be subject to the (a) Present and future sale and conveyance of the following: laws, ordinances, regula- tions, restriction, or orders of any federal, state, county, or municipal government or of any public authority, includ- ing without limitation, zoning and any other restrictions imposed by governmental authority. (b) Facts that would be disclosed by an accurate survey. (c) The conveyance shall be subject to the Deed of Restriction setting forth certain restrictive covenants for the Roanoke Centre for Industry and Technology, recorded exercise by Optionee shall-be retained by Optionor, by Optionee, and neither party shall have or claims against the other. 6. Exercise of Option. Notice of the exercise of this Option shall be given to Optionor in person or by mailing a copy thereof, postage prepaid, addressed to Optionor, at the address specified below or at such other address that Optionor shall hereinafter specify in writing delivered to Optionee. is exercised (in accordance with its terms), sell and convey the Property to Optionee, and purchase and accept the Property from Optionor, to the terms and conditions contained in this in Deed Book 1495, page 1797, of the records of the Clerk's Office of the Circuit Court for the City of Roanoke, Virginia. (d) Rights-of-way, easements, or conveyances of record or that an accurate survey or inspection would dis- close for roads, construction of roads, railroads, public utilities, telephone and power lines, and drainage. (e) The Optionor determining to its sole satisfac- tion that the manufacturing process employed by the Optionee will not violate any local, State or Federal environmental laws, or create any by-products or waste that will be injurious to the local environment or the City's wastewater treatment facilities or solid waste disposal facilities. (f) The Optionor constructing to City standards a public street approximately 825 feet in length and thirty (30) feet in paved way width within the eight-five (85) foot wide right-of-way (as yet not dedicated as such) shown along the eastern boundary of the Property on the site plan prepared by Mattern & Craig, Consulting Engineers and Sur- veyors, dated September 3, 1987, attached hereto as Exhibit A. Optionee agrees to pay for the installation in accordance with City standards of curb and gutter, street lighting, and street landscaping on this street. This street and improve- ments thereto shall be completed prior to the completion of the approximately 60,000 square foot facility to be constructed by Optionee. (g) The Optionor installing within the public street described above a0 approximately twelve (12) inch - 3 - water line to serve the Property. Such line shall be com- pleted prior to the completion of the facility to be con- structed by the Optionee. (h) The Optionor constructing, prior to the com- pletion of the facility to be constructed by Optionee, sani- tary sewer facilities sufficient to serve the Optionee's facili- ty, which sanitary sewer facilities may include a pump station. (i) The Optionor reserving sanitary sewer ease- ments on the Property sufficient for it to install and main- tain the sanitary sewer facilities to be installed by it on the Property. The approximate, and as yet only preliminarily determined location of these easements is shown on Exhibit A. (j) The Optionor reserving an easement for the use and maintenance of Storm Basin #4, as shown on Exhibit A, as well as drainage easements across the Property to Storm Basin #4. The approximate, and as yet only preliminarily determined location of these easements is shown on Exhibit A. (k) The provisions of Paragraphs 7(c), 7(f), 7(g), 7(h), 7(i) and 7(j) shall survive the delivery and accept- ance of the deed. 8. Title. The Optionor warrants that it has fee simple title to the Property. Optionee, at its own expense, shall order a title insurance policy, including a title binder, in the amount of the purchase price issued by a national title company acceptable to Optionor. Such title policy shall re- veal insurable and marketable title in Optionor and shall be free from all standard ALTA exceptions. In the event the binder reflects defects or other conditions which would pre- vent oonveyance of an insurable and marketable title to Op- tionee or prevent Optionee's contemplated use of the Property, Optionee shall advise Optionor and Optionor shall, at its option, either (i) cancel this Option by written notice to Optionee, whereupon all monies paid pursuant to this Option shall be refunded, or (ii) proceed diligently at its expense to clear title to the Property within ninety (90) days from such notice. In the event title to the Property shall not prove marketable within ninety (90) days, Optionee shall have the option of demanding and receiving back the earnest money deposit and shall be released of all obligations hereunder. 9. Conveyance. At the closing Optionor shall deliver a General Warranty deed with English Covenants of Title con- veying a fee simple title to the Property to Optionee, sub- ject to all oonditions, reservations, restrictions and ease- ments of record, duly executed in form for recording by Optionor's Mayor and attested by Optionor's Clerk. The deed shall be prepared at the expense of the Optionor. 10. Closing. The closing shall be held at a time of Optionee's selection within 180 days after Optionee gives Optionor notice of its intent to exercise its Option. Clos- ing shall take place in the office of the Optionor or some other mutually agreeable place. - 5 - 11. Assignment. with the written approval of 12. Prorations. Taxes, the date of closing. This Option is assignable by Optionee the Optionor. if any, shall be prorated as of 13. Right to Survey and Make Test Borings. Optionee may at any time prior to the exercise of this Option, or after exercise of this Option and prior to closing, enter upon the Property for the purpose of surveying the Property or making test borings or for the purpose of inspection and investigation. Optionee will reimburse Optionor for any damage to crops, fences, roads or other items on the Proper- ty as a result of actions of the Optionee. 14. Real Estate Broker. The parties agree that no broker or finder brought about this transaction, and that no fees or commissions are due or owing to any such party as a result of this transaction. 15. Risk of Loss. All risks of loss or damage to the Property by fire, windstorm, casualty, or other cause is assumed by Optionor until olosing. In the event of substan- tial loss or damage to the Property before closing, Optionee shall have the option of either terminating this Option and recovering the deposit made, or affirming this Option, in which event Optionor shall assign to Optionee all of Optionor's rights under any policy or policies of insurance applicable to the Property. 16. Entire Agreement. This Option constitutes the en- tire agreement between the parties. No representations, warranties, or promises pertaining to this Option or the Property have been made by, or shall be binding on, any of the parties except as expressly stated in this Option. This Option may not be ehanged orally but only by an agreement in writing signed by the party against whom enforcement of any such change is sought. 17. Notices. Any notice or demand under this Option shall be sent by registered or certified mail as follows: To Optionor: c/o W. Robert Herbert, City Manager, Room 364, 215 Church Avenue, S. W., Roanoke, Virginia 24011; and to Optionee: QCI Corporation, e/o Corporation Trust Co., 28 W. State Street, Trenton, New Jersey 08608. 18. Construction. The interpretation, construction, and performance of this Option shall be governed by the laws of the Commonwealth of Virginia. 19. Benefit. This Option shall inure to the benefit of and shall bind the heirs, personal representatives, succes- sors and assigns of the respective parties. WITNESS the following signatures and seals: OPTIONOR: ATTEST: CITY OF ROAi~OKE, VIRGINIA By Mary F. Parker, City Clerk Noel C. Taylor, Mayor ATTEST: By OPTIONEE: QCI CORPORATION By. (Title) (Title) - 7 - STATE OF VIRGINIA ) ) CITY OF ROAr~KE ) I hereby certify Mayor and City Clerk, To-wit: that NOEL C. TAYLOR and MARY F. PARKER, respectively, of the City of Roanoke, Virginia, a municipal corporation, whose names are signed to the foregoing Option dated , 1987, on behalf of said corporation, acknowledged the same before me on the day of , 1987. My Commission expires: Notary Public STATE OF CITY/COU}~Y OF To-wit: I hereby certify that and and , respectively, New Jersey corporation, whose names are Option dated , 1987, on behalf of ration, acknowledged the same before me on the , 1987. of QCI CORPORATION, a signed to the foregoing said Corpo- day of My Conunission expires: Notary Public - 8