HomeMy WebLinkAboutCouncil Actions 05-18-8728650
(Harl
REGULAR WEEKLY SESSION ...... ROANOKE
May 18, 1987
2:00 p.m.
AGENDA FOR THE COUNCIL
CITY COUNCIL
Call to Order -- Roll Call. Mr. Trout was absent.
The invocation will be delivered by -t~e--R~¥~g-~,a~k-W~
Fea~he~r-~as~e~-Fe~ee~-Pa~k-Bap~i~-Ch~eh. Mayor Taylor.
The Pledge of Allegiance to the Flag of the United States
of America will be led by Mayor Noel C. Taylor.
Recognition of Student Government Day participants and
sponsors· Proclamation.
Presentation by the Mayor on behalf of the members of
Council. Employee of the Year in the Public Works Department.
Adopted Resolution No. 28650. (6-0)
Presentation by the Mayor. Proclamation on Roanoke Hawks Week.
CONSENT AGENDA (Approved
ALL i~TTERS 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
C-2
Minutes of the special meeting of Council held on Thursday,
April 16, 1987, to conduct School Board interviews.
RECOMMENDED ACTION: Dispense with the reading thereof and
approve as recorded.
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(a) (1), Code of Virginia (1950), as amended· Withdrawn.
RECOMMENDED ACTION:
Concur in request for Council to convene in
Executive Session to discuss personnel mat-
ters relating to vacancies on various
authorities, boards, corr~issions and com-
mittees appointed by Council, pursuant to
Section 2.1-344 (a) (1), Code of Virginia
(1950), as amended.
(1)
C-3
Qualification of Corinne B. Gott as a member of
Services Citizen Board for a term ending May 31, 1989.
RECOMMENDED ACTION: Receive and file.
the Youth
REGULAR AGENDA
Hearing of Citizens Upon Public Matters: None.
Petitions and Corr~nunications: None.
Reports of Officers:
a. City Manager:
Briefings:
A report with regard to the City's personal property
tax systems. Received and filed.
Items Recommended for Action:
2. A report recommending acceptance of federal aid for
the Roanoke City Public Library System, in the amount
of $4,459.00, and appropriation of funds therefor, Adopted
Ordinance No. 28651 and Resolution No. 28652. (6-0)
3. A report recommending appropriation of funds received
from the United States Department of Agriculture,
through the Virginia Department of Corrections, to
purchase food service equipment for the Crisis
Intervention Center, Juvenile Probation House and
Juvenile Detention Home· Adopted Ordinance No. 28653.
(6-0)
Director of Finance:
1. A financial report for
Received and filed.
Reports of Committees: None·
the month of April, 1987.
Unfinished Business: None.
Introduction and Consideration of Ordinances and Resolutions:
Ordinance No. 28630, on second reading, amending and reor-
daining §32-190, Levied; amount, of the Code of the City of
Roanoke (1979), as amended, to establish a new cigarette
tax rate of $·0025 per cigarette; and providing for an
effective date· Adopted Ordinance No. 28630. (6-0)
(2)
Ordinance No. 28631, on second reading, amending and reor-
daining the Code of the City of Roanoke (1979), as amended,
by the addition of a new Article XIV, Tax on Prepared Food
and Beverages, to Chapter 32, Taxation; such new Article
XIV imposing a tax on certain food and beverages sold in
the City of Roanoke, pursuant to §58.1-3840, Code of
Virginia (1950), as amended, and providing for the amount
of such tax, procedures for collection, duties of sellers
and duties of local officials with respect to such tax,
enforcement procedures, civil penalties for late payment,
misdemeanor penalty for violations of Article and exemp-
tions; and further providing for an effective date· Adopted
Ordinance No. 28631. (6-0)
Ordinance No. 28642, on second reading, amending and reor-
daining §32-16, Levied; rate, subsection (a) of §32-104,
Levied; rate, and §32-122, Levied; rate, of the Code of the
City of Roanoke (1979), as amended; to establish new tax
rates for all real estate and improvements thereon not
exempt from taxation, for mobile homes and for all real
estate and tangible personal property of public service
corporations; and providing for an effective date for these
tax rates. Adopted Ordinance No. 28642. (6-0)
d. Ordinance No. 28643, on second reading, permanently
vacating, discontinuing and closing a 330+ foot portion of
Eton Road, So W., more specifically described as that por-
tion of Eton Road, S. W., beginning at its intersection
with Red Oak Lane, S. W., and running in a westerly direc-
tion to the southwest corner of the property designated as
Official Tax No. 5160202 and the northwest corner of pro-
perty designated as Official Tax No. 5160204. Adopted Ordinance
No. 28643. (6-0)
e. Ordinance No. 28644, on second reading, rezoning a certain
tract of land containing approximately 3/10 of one acre,
being a portion of Official Tax No. 1440321, and located
between Maiden Lane and Windsor Avenue on the west side of
Grandin Road, S. W., from RD, Duplex Residential District,
to C-1, Office and Institutional District, subject to cer-
tain proffered conditions. Adopted Ordinance No. 28644.
(5-0, Mr. Harvey abstained from voting.)
Motions and Miscellaneous Business:
Inquiries and/or corr~nents by the Mayor and members of City
Council.
Vacancies on various authorities, boards, commissions and
committees appointed by Council.
10. Other Hearings of Citizens:
Reappointed Wallace I. Allen, Robert J. Ingram, and Velma B. Self
to the Youth Services Citizen Board.
Appointed G. E. Pritchard as a member of the Roanoke Transportation
Safety Commission.
(3)
Office of the M:ayor
CITY OF ROANOKE
ro l m dion
WHEREAS, the City of Roanoke will observe "Student Government
Day" for senior high school students on Monday. May 18,
1987; and
WHEREAS,
WHEREAS,
"Student Government Day" was established to provide
Roanoke City senior high school students, who will be
our twenty-first century leaders, with an opportunity to
experience how public officials are elected, and their
duties and responsibilities; and
students from The CITY School, Patrick Henry High School
and William Fleming High School will be visiting the
various City departments throughout the day in an effort
to gain firsthand knowledge about their City government;
and they will be attending the City Council meeting at
2:00 p.m., on that date; and
WHEREAS, the following students have participated in "Student
Cindy Arbogast
Melissa Basham
--Scott Boeh
Gordon Eoyd
Corey Bulls
Tom Cadora
Leigh Carter
Curt Clifton
David Garland
Elizabeth Goode
Heather Grimes
Sarah Gwaltney
Jennifer Harris
Kimberly Harris
Shannon Hawley
Anne Henson
Angel Hill
Chris Horton
Robert Humphrey
Camille Hutchison
Megan Janney
Robert Jeffrey
Jennifer Kelly
Shannon Kelly
Tiffany Kidd
Alisha Kier /~/-£(
Robert King
Joseph Levine
Jaynine Lightfoot
Robbie Morris
Christina Patterson
Rick Perkins
Joan Pleisse- ~'se
Kimberly Rotter
Ginger Scott
Jonathan Shapiro
Brian Sweeney
Jarret Turpin
Matt Waldo
Julie Webb
Derondo Willis
Lavern Wilson
Richard Winstead
Beth Wood
Jonathan Yingling
Thomas Mauneyf~
Melissa McDaniel '
WHEREAS, appreciation is expressed to Signet Bank for providing
the opportunity for students, City officials and guests
to celebrate with a luncheon as a part of Student
Government Day.
NOW. THEREFORE, l, Noel C. Taylor, Mayor of the City of Roanoke,
Virginia, do hereby proclaim qonday, May 18, 1987, as
$TUDENT GOVERRMERT OAY
in the City of Roanoke, and commend our future leaders
for their interest in seeking more information about
their City government and how it operates.
Given under our hands and the Seal of the City of
Roanoke this eighteenth day of May in the year of our
Lord, nineteen hundred and eighty-seven.
ATTEST: ~~
Office of the City Clen~
May 20, 1987
File #183-184
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Resolution No. 28650, recognizing Larry D.
Rice as Employee Of The Year in the Public Works directorate,
which Resolution was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, May 18, 1987.
f'~ ~'Sincerely'
Mary F. Parker, CMC
City Clerk
MFP:ra
cc: Mr. William F. Clark,
Mr. Nelson Jackson,
Services
Director of Public Works
Manager, Building Maintenance/Custodial
Room 456 Municipal Building 215 G'~urch Avenue, S.W. I~onoke, Virginia 2401 t (703) 981-2541
IN THE COUNCIL OF THE CITY OF ROANOKE,
The 18th day of May, 1987.
No. 28650.
VIRGINIA,
A RESOLUTION recognizing LARRY D. RICE as Employee Of The Year
in the Public Works directorate.
WHEREAS, the Director of Public Works has instituted a program
to recognize the services and contributions of one of the direc-
torate's employees by designating an Employee Of The Year; and
WHEREAS, Larry D. Rice, a native Roanoker, is a Maintenance
Mechanic II with the Building Maintenance Department and a 9-year
employee with the City; and
WHEREAS, Mr. Rice, a certified locksmith who is responsible
for the lock systems in all City buildings, has been frequently
commended by his supervisors and by managers of various departments
of the City for the excellent manner in which he performs his
assigned tasks; and
WHEREAS, Mr. Rice has an exemplary attendance record and has
demonstrated an exceptional sense of duty and responsibility; and
WHEREAS, Mr. Rice has been selected as the Public Works
directorate's Employee Of The Year.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
that this Council adopts this means
the excellent services rendered to
Maintenance Mechanic II.
of recognizing and commending
the City by LARRY D. RICE,
ATTEST:
City Clerk.
Office of the Mayor
CITY OF ROANOKE
rotlamalion
WHEREAS,
the Roanoke Hawks have achieved an outstanding record of
performance by winning the last two Virginia State Boys
AAU Basketball Championships and placing third
nationally in 1986; and
WHEREAS,
the desire, motivation, and winning spirit exhibited by
the players that make up this great team stands as a
model for other young people throughout our community;
and
WHEREAS,
these young men will be competing in the National AAU
Championships scheduled for July 11-18, 1987, in
Jonesboro, Arkansas; and
May 18 having been designated as Student Government Day
offers a unique opportunity to recognize the positive
achievements of our young citizens.
NOW, THEREFORE, I, Noel C. Taylor, Mayor of the City of Roanoke,
Virginia, do hereby proclaim May 18-22, 1987, as
ROANOKE HA~irKS WEEK
in the City of Roanoke. and urge our citizens to support
and encourage these young people as they prepare them-
selves to compete in the National AAU Championships in
Jonesboro, Arkansas, which participation brings great
honor to our City and this Commonwealth.
Given u^u~.:r our handsld~/~and the Seal of--t~/~Cit~ of
Roanok~j~,,is etghteent~ aay of May in the~, et our
Lord, ~neteen hundrTand eighty-seven.
City C/I~rk ~eyor
MINUTES CONSIDERED AT THIS COUNCIL MEETING
MAY BE REVIEWED ON LINE IN THE "OFFICIAL MINUTES" FOLDER,
OR AT THE CITY CLERK'S OFFICE
Office of ~e Mc¥or
May 14, 1987
Honorable Vice-Mayor and Members
of Roanoke City Council
Roanoke, Virginia
Dear Mrs. Bowles and Gentlemen:
I wish to request an Executive Session on Monday, May 18, 1987,
to discuss personnel matters relating to vacancies on various
authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.1-344 (a) (I), Code of Virginia
(1950), as amended.
Sincerely,
Noel C. Tayt
Mayor
NCT:se
Room 452 Municipal Building 215 Church Avenue, S.W. Roanoke, 'virginia 24011 (703) 981-2444
CY~ce of ~he City Cler~
May 20, 1987
File #304
Ms. Carol B. Marchal, Chairman
Youth Services Citizen Board
2320 Mount Vernon Road, S. W.
Roanoke, Virginia 24015
Dear Ms. Marchal:
This is to advise you that Corinne B. Gott has qualified as a
member of the Youth Services Citizen Board for a term ending May
31, 1989.
Since.ely, ~~
Mary F. Parker, CMC
City Clerk
MFP:ra
Room 456 Municipal Building 215 Church A-,~ue, S.W. Roanc;~e, V~rglnla 240t I (703) 981-2541
0-2
Oath or Affirmati 6fi'i°'f O fice
Sfat, e o~ Virginia, Cit~ o] Roanoke, to .wit:
Co~£~_~a~e 2. Cot;~. , do solemnly swear (or affirm) that
I,
will support the Constitution of the United States, and the Constitution of the State of Virginia, and that
will faithfully and impartially discharge and perform all the duties incumbent upon me as
me~ber o£ the Youth Services Citizen Board £o~ a term ending, ~ay 3~,
according to the best of my ability.
Subscribed and sworn to before nlq, this
CiTY CL'--_r:Y: F FlY, lC
'87
Roanoke,
May 18,
Honorable Noel C. Taylor,
and Members of Council
Roanoke, Virginia
Mayor
Dear Members of Council:
Subject: Briefing - Personal Property Systems
Virginia
1987
I. BACKGROUND:
Assessments for personal property taxes are made
by the Commissioner of Revenue.
Billin9 for and Collectin~ of Personal Property
taxes are made by the City Treasurer.
Two methods for filing, assessing and billing of
41,500 tax bills had been used as follows:
27,500 returns filed prior to deadline of
each year.
Manually assessed and recorded on
computer.
Computer printed levy books and tax
bills were prepared.
Tax bills included tax amount due but
did not include listings of vehicle
needing decals or appropriate decal
fees. Taxpayers listed vehicles
requiring decals.
14r000 memo assessments were prepared
manually for taxpayers who did not file by
the deadline.
No penalty for late filing until June 1
of each year.
Trip to the municipal buildin9 was
required. Taxpayers had to wait in line
for the manual recording and assessing
of property and to pay the tax.
Memo Assessments were prepared manually.
Receivables were manual. Computer
Page 1
prepared levies were produced after the
fact.
Long lines resulted when many taxpayers
waited until close to payment deadline
(May 31) to file their property,
purchase decals and pay the tax.
Balancing assessments and collections
was often difficult.
Estimating Revenue was difficult until after the
payment deadline.
Accounts Receivable ledgers were entirely manual.
II. Current Situation
A mandatory filing deadline of February 15 with a
10% late filing penalty was established by City
Council by Ordinance No. 28333, adopted September
8, 1986, effective January 1, 1987.
Advertisements and other media coverages were used
to inform citizens and encouraged the use of mail
for filing personal property.
New procedures with enhanced computer support for
handling personal property filing, assessing and
tax receivables have been implemented by the
Commissioner of Revenue and the Treasurer.
Returns are preDrinted with vehicle and other
personal property information.
Returns are mailed first class mail~
undeliverable mail is researched for proper
address and remailed.
Information is exchanged between county and
city Commissioners of Revenue for taxpayers
who move from one jurisdiction to another.
Assessments o__f property have become more
efficient with computer support.
Computer prepares regular bills and memo
bills.
Page 2
Identification and updating of receivable
accounts during the payment process is now
provided.
Balancing Collections against assessments is
now easier and more timely.
Five year delinquent personal property taxes
will be maintained on computer requiring
delinquent taxes be paid prior to selling
current year decal.
III. Conclusion:
Mandatory filing date with penalty has resulted in
approximately 10,945 more returns being filed by
the filing deadline.
1. 41,600 returns mailed to taxpayers.
2. 38,445 returns assessed at March 31.
The above should have an impact on reducing
taxpayer lines and memo bills around the last part
of May.
New procedures with enhanced computer support have
improved the assessment and collection for both
current and delinquent personal property taxes.
Probability of Taypayer lines has been reduced but
not eliminated. Some taxpayers will wait until the
deadline to file. Many more will wait until the
deadline to pay the tax. When a large number of
those taxpayers appear at the Commissioner's and
Treasurer's offices, there will be lines.
This briefing is provided for Council's information and no
action is necessary.
WRH:AWH:mwa
R, espectfully Submitted,
W. Robert Herbert
.G~don E. Peters
Jerome S. Howard, Jr.
Commissioner of Revenue
Page 3
cc:
City Attorney
Director of Finance
Director of Administration & Public
Manager of City Information Systems
Safety
Page 4
Office of the City Cie~
May 20, 1987
File #323
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy
Federal funding, in
Public Library, which
the City of Roanoke at
1987.
of Resolution No. 28652, accepting additional
the amount of $4,459.00, for the Roanoke City
Resolution was adopted by the Council of
a regular meeting held on Monday, May 18,
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:ra
Enc.
cc: ~r.
Mr.
~s.
W. Robert Herbert, City Manager
James D. Ritchie, Director of Human Resources
Emily Keyser, Acting City Librarian
Roo~n456 MunlclpalBulldlng 215 Cburch Avenue, S.W. Roano~e, Vlrginia24011 (703)981-2541
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA.
The 18th day of May, 1987.
No. 28652.
A RESOLUTION accepting additional Federal funding in the amount
of $4,459.00 for the Roanoke City Public Library.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The award to the City of additional Federal funding of
in the amount of $4,459.00, to be used for library modernization
prior to June 1, 1987, is hereby ACCEPTED.
2. That W. Robert Herbert, City Manager, or his designee, are
hereby authorized to execute any and all requisite documents per-
taining to the City's acceptance of this award of additional funds
and to furnish such additional information as may be required in
connection with the City's acceptance of the foregoing award.
ATTEST:
City Clerk.
May 20, 1987
File #60-323
Mr. Joel M. Schtanger
Director of Finance
Roanoke, Virginia
Dear Mr. Schtanger:
I am attaching copy of Ordinance No. 28651, amending and reor-
daining certain sections of the 1986-87 General Fund
Appropriations, to provide for the acceptance of federal aid for
the Roanoke City Public Library System, in the amount of
$4,459.00, which Ordinance was adopted by the Council of the City
of Roanoke at a regular meeting held on Monday, May 18, 1987.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:ra
Enc.
CC: Mr.
Mr.
Ms.
W. Robert Herbert, City Manager
James D. Ritchie, Director of Human Resources
Emily Keyser, Acting City Librarian
Room456 Munlclpall~ildlng 215(~urchAve~ue, S.W. Roanc~e, Vlrginla24011 (703)981-2541
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The l'.~th day of May, 1987.
No. 28651.
AN ORDINANCE to amend and reordain certain sections of the
1986-87 General Fund Appropriations, and providing for an
emergency.
WHEREAS, for the usual daily operation of the Municipal
Government of the City of Roanoke, an emergency is declared to
exist.
THEREFORE, BE IT ORDAINED by the Council of the City of
Roanoke that certain sections of the 1986-87 General Fund
Appropriations, be, and the same are hereby, amended and
reordained, to read as follows, in part:
Appropriations
Parks, Recreation and Cultural Libraries (1-2) ....................................
$ 2,861,696
1,474,651
Revenue
Grants-in-Aid Federal Government Categorical Aid (3) ................................
1,881,448
95,797
(1) Admin. Supplies
~(2) Publications and
Subscriptions
(3) Federal Aid to
Libraries
(001-054-7310-2030) $ 2,214
(001-054-7310-2040) 2,245
(001-020-1234-0705) 4,459
BE IT FURTHER ORDAINED that, an emergency existing, this
Ordinance shall be in effect from its passage.
ATTEST:
City Clerk
May 18, 1987
Roanoke, Virginia
Honorable Mayor and City Council
Roanoke, Virginia
Members of Council:
SUBJECT: PEDER~L AID TO CITY LIBRARY SYST~4
I. BACK~RO~ND
The administration of the Roanoke City Public Library system
was notified by the Virginia State Library on April 15, 1987
that federal aid in the amount of $4,459 has been added to
the Library system's account at the State library.
This is the last year that libraries will receive federal
aid in this form. In the future, federal monies will be
awarded in grant form.
Co
This additional money must be spent by June 1, 1987, and may
be used for any purpose connected with the support of library
services except the payment of rents and utilities.
II. ~URRENT SITOATION
Roanoke City Library is a resource center for Southwest Virg£nia,
and as such, £ts Reference Department materials get heavy use
and abuse. When this department was relocated to a new wing
of the Library, the staff reported a need for binders and other
storage items for an expanded collection of periodicals and
documents. One-thousand nineteen ($1,019) of this federal
aid would be expended for these materials.
The Audio-Visual Department has made a concentrated effort to
enhance its collection of spoken arts cassettes for the visually
impaired and educational videos. Eight hundred thirty two ($832)
of this federal aid would be used to purchase storage/circulation
materials for these videos.
Ail of the activities of the Circulation Department are being redesigned.
In this process, the size of all items of correspondence has been
changed. Three hundred sixty three ($363) of this federal aid
would be used to purchase compatible window envelopa~.
D. The remainder of this federal aid, $2,245, would be used for the
purchase of books and related materials.
Library administration recommends the federal aid monies be
expended as follows:
III.
1. ~1 019 for storage items for the Reference Department;
2. $832 for storage/circulation items for the Audio-Visual
Department;
4.
$363 for window envelopes for the Circulation Department;
~2,245 for books and related materialn for the Library system.
A. Library Services.
B. Budget Concerns.
IV. ALTERNATIVES
A. Accept the federal aid and appropriate $4,459 to the Library
budget for FY 1986-87:
1. Library services will be enhanced and funds will be added
to purchase books and supplies.
2. ~udget concerns - No cost to the City.
Do not accept the federal aid and do not appropriate $4,459
to the Library budget_for FY 1986-87:
Library services will not be enhanced; funds will not
be appropriated; and needed books and materials will
not be purchased unless alternative funding sources
could be found since the Library budget for FY 1986-87
contains no funds for additional supplies and books.
2. ~udget concerns - Not an issue.
V. REC(I~'~IENDATION
A. Accep~ the additional monies of the federal aid for the Roanoke
City Public LibrarZ and appropriate $4,459 to the Library budget
for 1986-87 (Alternative A):
1. $--2,214 to Administrative Suppliers, #001-054-7310-2030;
2. $2,245 to Publications, #001-054-7310-2040;
3. Increase the revenue estimate by $4,459 for Federal
Aid to Libraries, #001-020-1234-0705.
3
slw
CC:
Authorize the City Manager, or his designee, to execute the
necessary documents accepting the federal aid for the
Roanoke City Public Library.
Respectfully submitted,
W. Robert Herbert
City Manager
City Attorney
Finance Director
James D. Ritchie
Emily Keyser
Office c~ the City C~e~k
May 20, 1987
File #60-305-472
Mr. Joel M. Schlanger
Director of Finance
Roanoke, Virginia
Dear Mr. Schlanger:
I am attaching copy of Ordinance No. 28653, amending and reor-
daining certain sections of the 1986-87 General Fund
Appropriations, to provide for the appropriation of funds
received from the United States Department of Agriculture,
through the Virginia Department of Corrections, to purchase food
service equipment for the Crisis Intervention Center, Juvenile
Probation House and Juvenile Detention Home, which Ordinance was
adopted by the Council of the City of Roanoke at a regular
meeting held on Monday, May 18, 1987.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:ra
Eric.
cc: Mr.
Ms.
Mr.
W. Robert Herbert, City Manager
James D. Ritchie, Director of Human Resources
Jack Eo Trent, Juvenile Probation House
Andrea Krochalis, Crisis Intervention Center
Robert F. Hyatt, Manager, Juvenile Home
Room456 MuniclpalBuildlng 215(~urc:hAv~nue, S.W. Roano~e, Vlrginla24011 (703)981-254.1
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The l~th day of May, 1987.
No. 28653.
AN ORDINANCE to amend and reordain certain sections
1986-87 General Fund Appropriations, and providing for an
emergency.
of the
WHEREAS, for the usual daily operation of the Municipal
Government of the City of Roanoke, an emergency is declared to
exist.
THEREFORE, BE IT ORDAINED by the Council of the City of
Roanoke that certain sections of the 1986-87 General Fund
Appropriations, be, and the same are hereby, amended and
reordained, to read as follows, in part:
Appropriations
Public Safety
Crisis Intervention (1) ............................
Youth Haven (2) ....................................
Juvenile Detention (3) .............................
$20,969,822
305,844
268,996
527,956
Revenue
Grants-in-Aid Commonwealth
Other Categorical Aid (4-6) ........................
44,275,613
10,725,568
(1) USDA Expenditures
(2) USDA Expenditures
(3) USDA Expenditures
(4) USDA - Crisis
Intervention
(5) USDA - Youth Haven
(6) USDA - Juvenile
Detention
(001-054-3360-3000) $ 1,084
(001-054-3350-3000) 875
(001-054-3320-3000) 2,011
(001-020-1234-0661) 1,084
(001-020-1234-0662) 875
(001-020-1234-0660) 2,011
BE
Ordinance
IT FURTHER ORDAINED that, an emergency existing, this
sha~l be in effect from its passage.
ATTEST:
City Clerk
The Honorable Mayor and City Council
Roanoke, Virginia
Members of Council
Subject: Funds from the United States
Department of Agriculture
Roanoke, Virginia
May 18, 1987
BACKGROUND
A. City of Roanoke has previously received funds on a reimbursement
basis from the United States Department of Agriculture (USDA),
through the Virginia Department of Corrections, to purchase food
service equipment for the Crisis Intervention Center (Sanctuary),
Juvenile Probation House (Youth Haven), and Juvenile Detention
Home.
II. CURRENT SITUATION
A. USDA funds for the third quarter of fiscal year 1986-87 have
been received by the City of Roanoke for the facilities, as follows:
1. Crisis Intervention Center - $ 1,084.00
2. Juvenile Probation House - 875.00
3. Juvenile Detention Home - 2,011.00
B. USDA funds
usage regulations require
1. Food costs;
2. Labor costs of food service workers;
3. Equipment and repairs.
the funds to be used for:
C. USDA requirements for record keeping are:
1. Monies are to be kept in a separate account and cannot be
combined with State or local funds;
2. Detailed records are to be kept for all expenditures made
against the funds;
3. Each facility is to maintain inventory lists of equipment
expenditures and also make annual reports to the Department
of Corrections.
The Honorable Mayor and City Council
Funds from the United States Department of Agriculture
Page 2
III.
IV.
ISSUES
A. Budget
B. Needs of Food Service Program
C. Time
ALTERNATIVES
A. Appropriate the USDA funds to the Crisis Intervention Center,
Juvenile Probation House, and Juvenile Detention Home.
1. Budget - Ail funds have been received by the City. No local
funds are required.
2. Needs of Food Service Program The facility may use the
funds to improve their respective food service programs
and equipment and to offset local costs of food service
personnel.
3. Time Funds must be spent in the current fiscal year or
carried over into the next fiscal year budget of the respective
departments.
Do not appropriate the USDA funds to the Crisis Intervention
Center, Juvenile Probation House, and Juvenile Detention Home.
Vo
1. Budget Funds already received will have to be returned
to the USDA.
2. Nee~.s of Food Service Program - Facilities could not upgrade
their food service program and equipment. Emergency needs
of the facilities would have to come from local funds or
existing budgets.
3. Time - Time would no longer be a consideration since funds
would be returned.
RECOMMENDATION
A. Appropriate the USDA funds to the Crisis Intervention Center,
Juvenile Probation House, and Juvenile Detention Home (Alternative
A).
The Honorable Mayor and City Council
Funds from the United States Department of Agriculture
Page 3
1. crisis Intervention Center - Revenue
001-020-1234-0661 - USDA - Crisis Intervention
$1,084.00 to Account No. 001-054-3360-3000
2. Juvenile Probation House - Revenue
001-020-1234-0662 - USDA - Youth Haven
$875.00 to Account No. 001-054-3350-3000
3. Juvenile Detention Home - Revenue
001-020-1234-0660 - USDA - Juvenile Detention
$2,011.00 to Account NO. 001-054-3320-3000
Total Revenue and Appropriations
$3,970
JDR:RFH:at
cc:
City Attorney
Finance Director
J. D. Ritchie
Jack Trent
Annie Krochalis
R. F. Hyatt
Respectfully submitted,
W. Robert Herbert
City Manager
DI~ARTMI~NT OF FINANCE
CITY OF ~OANOK~'. VA.
May 18, 1987
'87 t",,1? I,~ p;?
TO:
FROM:
SUBJECT:
Honorable Mayor and Members
Joel M. Schlanger
Monthly Financial Report
of City Council
Attached is a copy of the financial report for the
month of April, 1987.
JMS/kp
GENERAL FUND
CONTINGENCY BALANCE
AS OF APRIL 30, 1987
Contingency Reserve=
Balance July 1, 1986
Citizens' Request for Service
Commissioner of Revenue
City Clerk
Finance
Municipal Auditing
City Attorney
Planning
Circuit Court
Clerk of Circuit Court
Director of Human Resources
City Attorney
City Attorney
City Manager
City Manager
Economic Development
Youth Haven
Non-Departmental
Snow Removal
Snow Removal
City Attorney
Citizens~ Request
Budget and Systems
Community Planning
Personnel
City Council
Contingency Balance
Mowing Equipment
Advertising
Disability Insurance
Disability Insurance
Disability Insurance
Disability insurance
Administrative Supplies
Micro-Computers
Reimbursement of Court Funds
Study of Homeless
Settlement of Claims
Professional Services
Publication Costs
Publication Costs
Training
Freezer
Worker's Compensation
Salaries
Salaries and Chemicals
Professional Services
Wood Removal
Dues
Advertising
Section 125 Plan Expenses
Fees
$( 5,000)
11,500)
1,311)
3,203)
2,706)
2,792)
358)
#,875)
5,000)
6,000)
5,000)
5,000)
5,000)
5,000)
3,000)
1,930)
25,000)
50,000)
55,000)
5,000)
5,000)
3,250}
5,000)
3,978)
5~000)
$ 237,5q2
(224,903)
$ 12,639
3
4
CITY OF ROANOKE
WATER FUND
COMPARATIVE INCOME STATEMENT
FOR THE 10 MONTHS ENDED APRIL 30, 1987
Operating Revenue:
Commercial Sales
Domestic Sales
Industrial Sales
Town of Vinton
Roanoke County
Customer Services
Customer's Work
Total Operating Revenue
Less: Operating Exp, Before Depreciation
Personal Services
General Expenses
Pumping Stations and Tanks
Purification
Total Operating Exp. Before Depreciation
Operating income Before Depreciation
Less: Depreciation
Operating Income
Add: Non-Operating Income
Interest on investments
Rents
Miscellaneous
Bad Debt Collections
Sale of Surplus Property
Total Non-Operating income
Income Before Non-Operating Expenses
Less: Non-Operating Expenses
Transfer to Other Funds
Interest Expense
Total Non-Operating Expenses
Net Income
1987
$ 803,038
1,216,469
92,904
26,805
619,125
225,321
15)030
2~998)692
605,905
1,042,551
325,517
159~894
2~133t867
864,825
491)840
372~985
137,130
3,775
11,325
5,282
2%512
178)024
551,009
57,010
30~889
87)899
$ 463)110
1986
$ 786,984
1,173,992
104,496
31,349
897,612
230,179
19~559
3~24%171
582,410
837,897
321,524
182~850
1~92%681
1,319,490
4881931
830~559
145,460
5,262
651
7,647
159~020
989,579
39,000
38~722
77)722
911~857
5
WATER FUND
CONTINUED
Capital Outlay Not Included in Operating Expenses:
Project
Furniture and Equipment
Vehicular Equipment
S.W. Trunk Line (Phase 4)
12 Line Shadwell
16 Line G.C. Tank #3
New Services Hyd. Lines
Unidentified Plant Replacement
Fire Hydrants
Portland - Ben Tie In
FC Generator Replacement
CCFP Storm Windows
Franklin Road Pump Station
Franklin Road Tank Loop
Franklin Road Tank Land
G.C. #1 Tank Painting
Salem Interconnect PS
FY85 Projects Design
FY86 Projects Design
Franklin Road Tank
Round Hill Pump Station
Watershed Protection Carvins Cove
Total
Year to Date
Expenditures
$ 1,674
16,975
23,826
175
37,525
315,950
162,961
9,196
7,096
21,131
19,#08
150,705
1#1,251
11,371
18,167
5,510
19,021
12,103
197,177
13,533
196~12
$ 1 ~381 ~167
CITY OF ROANOKE
SEWAGE TREATMENT FUND
COMPARATIVE INCOME STATEMENT
FOR THE 10 MONTHS ENDED APRIL 30, 1987
Operating Revenue:
Sewage Charges - City
Sewage Charges - County
Sewage Charges - Vinton
Sewage Charges - Salem
Sewage Charges - Botetourt County
Customer Services
Interfund Services
Total Operating Revenue
Less: Operating Exp. Before Depreciation
Personal Services
Administrative and Operating Expenses
Total Operating Exp. Before Depreciation
Operating Income Before Depreciation
Less: Depreciation
Operating Income
Add: Non-Operating Income
Interest on Investments
Miscellaneous
Bad Debt Collections
Total Non-Operating Income
Income Before Non-Operating Expenses
Less: Non-Operating Expenses
Interest Expense
Net Income
1987
$3,135,877
705,860
188,076
901,828
37,026
78,853
6:709
5~05%229
978,289
2~74%515
3~722~804
1,331,425
720~828
610~597
190,795
21,988
6:191
218~974
829,571
116~279
$ 713~292
1986
$3,135,655
815,875
184,179
711,758
25,941
59,364
8~926
%941~698
1,002,423
2~399~739
3~402~162
1,539,536
72%402
815~134
171,681
22,150
9~719
203t550
1,018,684
131~318
$ 887~366
7
SEWAGE TREATMENT FUND
CONTINUED
Capital Outlay Not Included in Operating Expenses:
Project
Other Equipment
Construction - Structures
Flood Relief
FY85 Project Design
Williamson Road West Sewer Project
FY86 Project Design
Mud Lick Sewer Land Purchase
Digester Gas Line
STP Land Acquisition
Cove Road
Land Acquisition Dogwood Lane
Williamson Road East Sewer Phi Cont II
Total
Year to Date
Expenditures
$ 49,889
500
315,374
148
22,262
10,424
5,496
76,385
7,950
61,230
8,500
431667
$ 601t825
CITY OF ROANOKE
REGIONAL AIRPORT FUND
COMPARATIVE INCOME STATEMENT
FOR THE 10 MONTHS ENDED APRIL 30, 1987
Operating Revenue:
Landing Fees
Building and Equipment Rentals
Terminal Building Rentals
Other Property Rentals
Advertising
Comml ,sion,
Fuel and Oil Sales Commissions
Miscellaneous Fees
Total Operating Revenue
Less: Operating Exp. Before Depreciation
Personal Services
Operating Expenses
Total Operating Exp. Before Depreciation
Operating income Before Depreciation
Less: Depreciation
Operating income
Add: Non-Operating Income
interest on Investments
Misce)laneous
Total Non-Operating Income
Income Before Non-Operating Expenses
Less: Non-Operating Expense
Interest Expense
Net Income
1987
$ 320,739
140,799
157,142
30,819
18,916
1,161,883
29,180
22~734
1~882)212
340,800
929~$01
1)270)301
611,911
453,115
158t796
210,356
21%356
369,152
9%780
$ 27%402
1986
$ 268,670
153,852
160,060
23,289
16,614
1,105,063
22,841
3%495
1~775~884
316,002
845)610
1~161t612
614,272
479~836
13%436
223,222
5~500
228~722
363,158
90t748
$ 272~410
9
REGIONAL AIRPORT FUND
CONTINUED
Capital Outlay Not Included in Operating Expenses:
Other Equipment
Overlay GA & T/W
Unidentified Construction
Repaint R/W & T/W Markings
Roof Repairs - Replacement
Fencing - New & Replacement
AlP #01
Airport Master Plan
New Terminal
Noise Protection & Soundproofing
Terminal Alternate Electric
Burton - Clear Zone Property
Aviation Drive Widening
Auto Transfer Switch
Year to Date
Expenditures
$ 4,796
33,677
1,920
4,150
12,908
2,475
74,411
1,171
1,545,227
48,262
2,025
79,511
125,404
12~417
Total
$ 1)948m354
lO
CITY OF ROANOKE
CIVIC CENTER FUND
COMPARATIVE INCOME STATEMENT
FOR THE 10 MONTHS ENDED APRIL 30, 1987
Operating Revenue:
Rentals
Parking Fee
Event Expenses
Advertising
Admissions Tax
Commissions
Total Operating Revenue
Less= Operating Exp. Before Depreciation
Administrative= Personal Services
Utilities and Communications
Administrative Expenses
Promotional Expenses:
Personal Services
Services and Charges
Total Operating Exp. Before Depreciation
Operating (Loss) Before Depreciation
Less= Depreciation
Operating (Loss)
Add: Non-Operating Income
Supplement from General Fund
interest on Investments
Miscellaneous
Total Non-Operating Income
Net (Loss)
1987
257,308
70,632
66,611
3,630
55,512
76~443
530t136
396,661
288,942
425,991
39,759
3~918
1~155~271
( 625,135)
25%203
( 879~338)
536,340
38,263
3~749
578~352
300~986
1986
$ 279,303
74,247
90,711
3,290
89,334
96~071
632t956
382,295
273,284
432,406
54,893
7~283
1~150~161
( 517,205)
291~422
( 808~627)
38,236
2~203
40~439
$ (768~188)
CIVIC CENTER FUND
CONTINUED
Capital Outlay Not Included in Operating Expenses:
Project
Equipment
Year to Date
Expenditures
$ 99~175
Total
$ 99)175
CITY OF ROANOKE
iNTERNAL SERVICE FUND
COMPARATIVE INCOME STATEMENT
FOR THE 10 MONTHS ENDED APRIL 30, 1987
Operating Revenue:
Charges for Services
Total Operating Revenue
Less: Operating Exp. Before Depreciation
Personal Services
Operating Expenses
Total Operating Expenses Before Depreciation
Operating Income (Loss) Before Depreciation
Less: Depreciation
Operating Income {Loss)
Add: Non-Operating Income
Transfer from Water Fund
Supplement from General Fund
Interest on investments
Total Non-Operating Income
Net Income (Loss)
1987
$5~084~302
5,084t302
2,960,468
1~328)893
%289)361
794,941
336)857
458~084
57,010
16~035
73~045
531t129
1986
$4)165t751
%165~751
2,871,662
1)078~911
3~950~573
215~178
316~103
(100~925)
38~756
38~756
$ (62,169)
13
INTERNAL SERVICE FUND
CONTINUED
Capital Outlay Not Included in Operating Expensea:
Project
Management Services - Equipment
CIS - Other Equipment
Motor Vehicle Maintenance - Furniture & Equipment
Motor Vehicle Maintenance - Other Equipment
Utility Line Service - Construction Structures
Utility Line Service - Other Equipment
Utility Line Service - Furnfture and Equipment
Total
Year to Date
Expenditures
$ 3,285
189,440
7,293
2,811
10,797
186,857
3~562
$ 40%045
14
CITY OF ROANOKE, UlfiGINIA
CITY TDEASURER'S OFFICE
GENERAL STATENENT OF ACCOUNTABILITY
FOR NONTH ENDED APRIL 30, 1987
TO THE DIRECTOR OF FINANCE:
GENERAL STATENENT OF ACCOUNTABILITY OF THE CITY TREASURER OF THE CITY
FOR THE FUNOB OF SAID CITY THE NONTH ENDED APRIL DO, 1987.
OF ROANOKE, VIRGINIA
FUND BALANCE AT RECEIPTS
HAD 31, 1987
GENERAL $3,765,956.75 $15,B37,587.18
CAPITAL $16,0B9,936.44 $B4,218.35
DEBT SERVICE $408,147.69 $597,013.50
WATER $B,184,109.45 $387,012.08
SEWAGE TREATNENT $4,115,811.99 $783,647.77
AIRPORT $3,473,780.55 $478,414.05
CIVIC CENTER $311,717.B8 $637,498.44
INTERNAL SERVICE $498,793.01 $885,865.93
PAYROLL $B7,914.43 $5,345,9§6.67
PUBLIC ASSISTANCE $18,364.15 $278,439.36
FIFTH DI5T CONSOflTIUH $181,887.88 $137,411.78
GRANT PROGRAHS ($1,085,67&.44) $1~470,577.01
OISBUflSENENTS
$9,889,711.88
$1,267,040.10
$597 334.43
$432 847.33
$737 694.74
$384 061.64
$135 403.08
$373 658.03
$7,813 549.13
$B88 409.94
$97,399.60
$638,164.15
BALANCE AT
APRIL 30, 1987
$9,713 778.65
$14,907 114.69
$407 886.76
$2,088 873,80
$4,161763.02
$3,668 132.96
$813808.64
$950 407.09
($1,839 678.03)
$8,393.57
$BBI,900.06
($847,B63.58)
BALANCE AT
APRIL 30, 1986
$13,515,303.57
$17,736,754.87
$868,543.84
$8,708,573.68
KB,085,941.56
$3,811,666.30
$B33,808.91
$119,196.48
$5,766.03
$71,604.53
$747,596.06
TOTAL $89,990,748.38 $86,800,978.06 $81,339,267.41 $34,854,447.03 $43,D71,004.DB
CERTIFICATE
I HEREBY CERTIFY THAT THE FOREGOING IS A TRUE STATENENT OF NY ACCOUNTABILITY TO THE CITY OF
ROANOKE, UIRGINIA, FDA THE FUNDS DF THE UARIDU5 ACCOUNT5 THEREOF FOD THE HONTH ENDING
APRIL 30, 1987 THAT SAID FOREGOING:
CERTIFICATES UNITED STATES
CASH OF DEPOSITS SECURITIES
CASH IN HAND
CASH IN BONINION BANK
CASH IN COLONIAL ANERICAN NATIONAL BANK
ZNUESTHENTS ACQUIRED FRON CONPETITIVE PROPOSALS:
DONZNION BANK
COLONIAL ANERICAN NATIONAL BANK
SOURANTBANK
UNITED VIRGINIA BANK
BANK OF VIRGINIA
CENTRAL FIDELITY
TOTALS
$894,449.41 $894,449.41
$1,113,896.84 $1,113,896.84
$46,701.38 $46,701.38
$6,400,000.00 $6,400,000.00
$9,000,000.00 $9,000,000.00
$1B,500,000.00 $1D,500,000.00
$3,000,00D.00 $3,000,000.00
$8,500,000.00 $8,500,000.00
TOTALS $1,454,447.03 $87,000,000.00 $6,400,000.00 $34,854,447.03
DATE: HAY 13, 1987
R0ANOKE CITY TREASURER
CITY OF ROANOKE PENSION PLAN
STATEMENT OF REVENUE AND EXPENSES
FOR THE l0 MONTHS ENDED APRIL 30, 1987
REVENUE
City's Contributions
Investment Income
Gain on Sale of Investments
Income from Bond Discount Amortization
Total Revenue
1987
$ 3,893,712
3,282,568
5,602,459
137~744
$12~916t483
1986
$ 4,136,211
3,084,774
3,684,612
79~539
$10~985t136
EXPENSES
Pension Payments
Commissions
Active Service Death Benefit
Expense from Bond Premium Amortization
insurance Expense
Administrative Expense
Total Expenses
Net Income Year to Date
$ 3,245,765
217,729
28,149
177,589
4,709
132~253
3~806~194
$ 9~110~289
$ 3,148,439
207,128
23,430
90,974
4,709
91)988
3~566~668
$ 7~418t468
i6
CITY OF ROANOKE PENSION PLAN
BALANCE SHEET
AS OF APRIL 30, 1987
ASSETS
Cash
Investments (at cost)=
(market value - 1987 $85,456,983 and 1986 $74,717,629)
Prepaid Expenses
Total Assets
1987
$ 467
76,919,447
6~121
$76t926~035
1986
$ 44,371
64,809,119
11~772
$64~865~262
LIABILITIES AND FUND BALANCE
Accounts Payable
Current Liabilities
Fund Balance, July 1
Net Income Year to Date
Fund Balance
Current Liabilities and Fund Balance
$
67,815,746
9~110,289
76~926~035
$76~926,035
$ 11~179
11,179
57,435,615
7~418~468
6%85%083
$6%865~262
i7
Office af the City Clen~
May 20, 1987
File #24-79
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Ordinance No. 28630, amending and reor-
daining §32-190, Levied; amount, of the Code of the City of
Roanoke (1979), as amended, to establish a new cigarette tax rate
of $.0025 per cigarette, effective July 1, 1987, which Ordinance
was adopted by the Council of the City of Roanoke on first
reading on Monday, May 11, 1987, also adopted by the Council on
second reading on Monday, May 18, 1987.
Sincere fy,
Mary F. Parker, CMC
City Clerk
MFP:ra
Enc.
ce: Mr.
Wilburn C. Dibting, Jr., City Attorney
Mr. Donald S. Caldwell, Commonwealth's Attorney
Mr. Raymond F. Leven, Public Defender, Suite 4B, Southwest
Virginia Building, Roanoke, Virginia 24011
The Honorable Kenneth E. Trabue, Chief Judge, Circuit Court,
305 East Main Street, Salem, Virginia 24153
The Honorable James W. Flippen, Chief Judge, Juvenile and
Domestic Relations District Court
The Honorable Edward S. Kidd, Jr., Chief Judge, General District
Court
The Honorable Jack B. Coulter, Judge, Circuit Court
The Honorable Clifford R. Weckstein, Judge, Circuit Court
The Honorable Roy B. Willett, Judge, Circuit Court
Room456 MunlclpolBuildlng 215(~urchAve~ue.S,W. Roanoke, VIrglnla24011 (703)981-2541
Mr. W. Robert~ I~lerbert
Page 2
May 20, 1987
cc:
The Honorable G. O. Clemens, Judge, Circuit Court, P. O. Box
1016, Salem, Virginia 24153
Miss Patsy Testerman, Clerk, Circuit Court
Ms. Patsy Bussey, Clerk, Juvenile and Domestic Relations
District Court
Mr. RonaId Albright, Clerk, General District Court
Mr. Bobby D. Casey, Office of the Magistrate, P. O. Box
13867, Roanoke, Virginia 24037
Ms. Clayne M. Calhoun, Law Librarian
Mr. Robert L. Laslie, Vice President - Supplements, Municipal
Code Corporation, P. O. Box 2235, Tallahassee, Florida 32304
Mr. Joel M. Schlanger, Director of Finance
Mr. Barry L. Key, Budget and Systems
Mr. David H. Dew, Budget/Management Analyst
Mr. Jerome S. Howard, Jr., Cor~issioner of Revenue
Mr. Gordon E. Peters, City Treasurer
~. Deborah J. Mo~, Chief, Bil~s and Cotlectio~
*Added to carbon copi~ on November 16, 1987.-
IN THE COUNCIL OF THE CITY OF ROANOKE,
The 18th day of May, 1987.
No. 28630.
VIRGINIA,
AN ORDINANCE amending and reordaining §32-190,
of the Code of the City of Roanoke (1979), as amended,
lish a new cigarette tax rate of $.0025 per cigarette;
for an effeetive date.
Levied; amount,
to estab-
and providing
BE
1.
Roanoke
IT ORDAINED by the Couneil of the City of Roanoke
Section 32-190, Levied; amount; of the Code of
(1979), as amended, is amended and reordained as
that:
the City
follows:
of
§32-190. Levied; amount.
In addition to all other taxes of every kind now
imposed by law, there is hereby levied and imposed
by the City, upon each and every sale of cigarettes,
a tax equivalent to $.0025 per cigarette (two and
one-half mills per cigarette) sold within the City,
the amount of such tax to be paid by the seller in
the manner and at the time prescribed in this article.
2. This ordinance shall be in full foree and effeet on and
after July 1, 1987.
ATTE ST:
City Clerk.
Office of the Council
May 20, 1987
File #24-79
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Ordinance No. 28631, amending and reor-
daining the Code of the City of Roanoke (1979), as amended, by
the addition of a new Article XIV, Tax on Prepared Food and
Beverages, to Chapter 32, Taxation; such new Article XIV imposing
a tax on certain food and beverages sold in the City of Roanoke,
pursuant to §58.1-3849, Code of Virginia (1950), as amended, and
providing for the amount of such tax, procedures for collection,
duties of sellers and duties of local officials with respect to
such tax, enforcement procedures, civil penalties for late
payment, misdemeanor penalty for violations of Article and exemp-
tions; effective August 1, 1987, which Ordinance was adopted by
the Council of the City of Roanoke on first reading on Monday,
May 11, 1987, also adopted by the Council on second reading on
Monday, May 18, 1987.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP: ra
Enco
Mr. Wilburn C. Dibling, Jr., City Attorney
Mr. Donald S. Caldwelt, Commonwealth's Attorney
Mr. Raymond F. Leven, Public Defender, Suite 4B, Southwest
Virginia Building, Roanoke, Virginia 24611
The Honorable Kenneth E. Trabue, Chief Judge, Circuit Court,
305 East Main Street, Salem, Virginia 24153
Room 456 Munlcipol Building 215 Churd'~ Avenue, S.W. Roanoke, V~rglnla 24011 (703) 981-2541
Mr. W.
Page 2
May 20,
Robert Herbert
1987
CC:
The Honorable James W. Flippen, Chief Judge, Juvenile and
Domestic Relations District Court
The Honorable Edward S. Kidd, Jr., Chief Judge, General District
Court
The Honorable Jack B. Coulter, Judge, Circuit Court
The Honorable Clifford R. Weckstein, Judge, Circuit Court
The Honorable Roy B. Willett, Judge, Circuit Court
The Honorable G. 0. Clemens, Judge, Circuit Court, P. 0. Box
1016, Salem, Virginia 24153
Miss Patsy Testerman, Clerk, Circuit Court
Ms. Patsy Bussey, Clerk, Juvenile and Domestic Relations
District Court
Mr. Ronald Albright, Clerk, General District Court
Mr. Bobby D. Casey, Office of the Magistrate, P. 0. Box
13867, Roanoke, Virginin 24037
Ms. Clayne M. Calhoun, Law Librarian
Mr. Robert L. Laslie, Vice President - Supplements, Municipal
Code Corporation, P. 0. Box 2235, Tallahassee, Florida 32304
Mr. Joel M. Schlanger, Director of Finance
Mr. Barry L. Key, Budget and Systems
Mr. David H. Dew, Budget/Management Analyst
Mr. Jerome S. Howard, Jr., Cor~nissioner of Revenue
Mr. Gordon E. Peters, City Treasurer
Ms. Deborah J. Mos~, Chief, Bi~ngs and Collections
*Added to carbon copi~ on November 16, 1987.
IN1[~IE COUNCIL OF 1[~IE CI~I~Y OF RO;dqOKE,
The 18 th day of May, 1987.
No. 28631.
VIRGINIA,
AN ORDINANCE amending and reordaining the Code of the City
of Roanoke (1979), as amended, by the addition of a new Article
XIV, Tax on Prepared Food and Beverages, to Chapter 32, Taxation;
such new Article XIV imposing a tax on certain food and beverages
sold in the City of Roanoke, pursuant to §58.1-3840, Code of Vir-
ginia (1950), as amended, and providing for the amount of such
tax, procedures for collection, duties of sellers and duties of
local officials with respect to such tax, enforcement procedures,
civil penalties for late payment, misdemeanor penalty for viola-
tions of Article and exemptions; and further providing for an
effective date.
WHEREAS, this Council, after consideration of the reports of
the City Manager upon this subject and after an opportunity for
citizens of this City to be heard upon this matter pursuant to
§58.1-3007, Code of Virginia (1950), as amended, finds it appro-
priate to impose a tax on certain food and beverages sold in the
City of Roanoke, pursuant to §2(1) of the Roanoke Charter of 1952,
and §58.1-3840, Code of Virginia (1950), as amended;
THEREFORE, BE IT ORDAINED by the Council of the City of Roa-
noke as follows:
1. The Code of the City of Roanoke (1979), as amended, shall
be amended and reordained by the addition of a new Article XIV, Tax
on Prepared Food and Beverages, consisting of §§32-283, Definitions,
32-284, Levy of tax; amount, 32-285, Payment and collection of
of tax, 32-286, Reports and remittances generally, 32-287,
Preservation. of records, 32-288, Advertising payment or absorp-
tion of tax prohibited, 32-289, Tips and service charges, 32-290,
Duty of seller when going out of business, 32-291, Discount, 32-
292, Enforcement; duty of Director of Finance, 32-293, Procedure
upon failure to collect, report, etc., 32-294, ~uty of City
Treasurer, 32-295, Penalty for late remittance or false return,
32-296, Violations of article, and 32-297, Exemptions, to
Chapter 32, Taxation,
as follows:
such new Article XIV to read and provide
ARTICLE XIV.
TAXON PREPARED FOOD ANDBEVERAGES
§32-283. Definitions.
The following words and phrases, when used in this
article, shall have, for the purposes of this article,
the following respective meanings except where the con-
text clearly indicates a different meaning:
(a)
Caterer: A person who furnishes food
on the premises of another, for compen-
sation.
(b
Director of Finance: The Director of
Finance of the City of Roanoke and any
of his duly authorized deputies, assis-
tants, employees or agents.
(c)
Food: Any and all edible refresh-
ments or nourishment, liquid or other-
wise, including alcoholic beverages,
purchased in or from a restaurant or
from a caterer, except snack foods.
(d)
Person: Any individual, corporation,
company, association, firm, partner-
ship or any group of individuals act-
ing as a unit.
(e)
(f)
(g)
(h)
(i)
Purehaser: Any person who purchases
food in or from a restaurant or from
a caterer.
Restaurant: Any place in or from which
food is sold in the City, including, but
not limited to, any restaurant, dining
room, grill, coffee shop, cafeteria,
cafe, snack bar. lunch counter, delica-
tessen, confectionery, bakery, eating
house, eatery, drugstore, vending
machine, lunch wagon or truck, pushcart
or other mobile facility from which food
is sold, public or private club, resort.
bar or lounge. The word "restaurant"
shall not mean a grocery store or super-
market except for any space or section
therein designated as a delicatessen or
for the sale of prepared sandwiches, deli-
catessen food or food prepared in a deli-
catessen.
Seller: Any person who sells food in or
from a restaurant or as a caterer.
Sna~k food: Unopened bottles or cans of
carbonated soft drinks; chewing gum; candy;
popcorn; peanuts and other nuts; unopened
packages of cookies, donuts, crackers and
potato chips; and other items of essential-
ly the same nature and consumed for essen-
tially the same purpose.
Treasurer: The Treasurer of the City of
Roanoke and any of his duly authorized
deputies, assistants, employees or agents.
§32-284. Levy of tax; amount.
In addition to all other taxes and fees of any
kind now or hereafter imposed by law, a tax is hereby
levied and imposed on the purchaser of all food served,
sold or delivered in the City in or from a restaurant,
whether prepared in such restaurant or not and whether
consumed on the premises or not, or by a caterer. The
rate of this tax shall be four (4) percent of the amount
paid for such food. In the computation of this tax, any
fraction of one-half cent or more shall be treated as
one cent.
- 3
§32-285. Payment and collection of tax.
Every seller of food with respect to which
a tax is levied under this article shall collect
the amount of tax imposed under this article from
the purchaser on whom the same is levied at the
time payment for such food becomes due and payable,
whether payment is to be made in cash or on credit
by means of a credit card or otherwise. The amount
of tax owed by the purchaser shall be added to the
cost of the food by the seller who shall pay the
taxes collected to the City as provided in this
article. Taxes collected by the seller shall be
held in trust by the seller until remitted to the
City.
§32-286. Reports and remittances generally.
Every seller of food with respect to which
a tax is levied under this article shall make out
a report, upon such forms and setting forth such
information as the Director of Finance may pre-
scribe and require, showing the amount of food
charges collected and the tax required to be
collected, and shall sign and deliver such report
to the City Treasurer with a remittance of such
tax. Such reports and remittance shall be made
on or before the twentieth day of each month,
covering the amount of tax collected during the
preceding month.
§32-287. Preservation of records.
It shall be the duty of any seller of food
liable for collection and remittance of the taxes
imposed by this article to keep and preserve for
a period of three years records showing gross
sales of all food and beverages, the amount charged
the purchaser of each such purchase, the date there-
of, the taxes collected thereon and the amount of
tax required to be collected by this article. The
Director of Finance shall have the power to exam-
ine such records at reasonable times and without
unreasonable interference with the business of
the seller, for the purpose of administering and
enforcing the provisions of this article and to
make copies of all or any parts thereof.
- 4 -
§32-288. Advertising payment or absorption of
tax prohibited.
No seller shall advertise or hold out to the
public in any manner, directly or indirectly, that
all or any part of the tax imposed under this arti-
cle will be paid or absorbed by the seller or by
anyone else, or that the seller or anyone else will
relieve the purohaser of the payment of all or any
part of the tax.
§32-289. Tips and service charges.
Where a purchaser provides a tip for an employee
of a seller, and the amount of the tip is wholly in
the discretion of the purchaser, the tip is not sub-
ject to the tax imposed by this article, whether paid
in cash to the employee or added to the bill and
charged to the purchaser's account, provided, in the
latter case, the full amount of the tip is turned
over to the employee by the seller.
An amount or percent, whether designated as a
tip or a service charge, that is added to the price
of the meal by the seller, and required to be paid
by the purchaser, is a part of the selling price of
the meal and is subject to the tax imposed by this
article.
§32-290. Duty of seller when going out of business.
Whenever any seller required to collect and pay
to the City a tax under this article shall cease to
operate or otherwise dispose of his business, any
tax payable under this article shall become immediate-
ly due and payable and such person shall immediately
make a report and pay the tax due.
§32-291. Discount.
For the purpose of compensating sellers for the
collection of the tax imposed by this article, every
seller shall be allowed three (3) percent of the amount
of the tax due and accounted for in the form of a de-
duction on his monthly return; provided, the amount
due is not delinquent at the time of payment.
§32-292. Enforcement; duty of Director of Finance.
The Director of Finance shall promulgate rules
and regulations for the interpretation, administra-
tion and enforcement of this article. It shall also
be the duty of the Director of Finance to ascertain
the name of every seller liable for the collection of
the tax imposed by this article, who fails, refuses
or neglects to collect such tax or to make the
reports and remittances required by this article.
The Director of Finance may have issued a summons
for such person and may serve a copy of such sum-
mons upon such person in the manner provided by law.
One return of the original summons shall be made
to the general district court for the City. Police
powers are hereby conferred upon the Director of
Finance and his duly authorized deputies, assistants,
employees and agents while engaged in their duties
pursuant to this article, and they shall exercise
all the powers and authorities of police officers
in performing such duties.
§32-293. Procedure upon failure to collect, report,
etc.
If any seller, whose duty it is to do so shall
fail or refuse to collect the tax imposed under this
article and to make, within the time provided in
this article, the reports and remittances mentioned
in this article, the Director of Finance shall proceed
in such manner as he may deem best to obtain facts and
information on which to base his estimate of the tax
due. As soon as the Director of Finance shall procure
such facts and information as he is able to obtain upon
which to base the assessment of any tax payable by
any seller who has failed or refused to collect such
tax and to make such report and remittance, he shall
proceed to determine and assess against such seller
the tax and penalties provided for by this article
and shall notify such seller, by registered mail sent
to his last known place of address, of the total amount
of such tax and penalties and the total amount thereof
shall be payable within ten (10) days from the date
such notice is sent.
§32-294. Duty of City Treasurer.
The Treasurer shall have the power and the duty
of collecting the taxes imposed and levied hereunder
- $ -
and shall cause the same to be paid into the general
treasury for the City.
§32-295. Penalty for late remittance or false return.
(a) If any seller whose duty it is to do so
shall fail or refuse to file any report required by
this article or to remit to the City Treasurer the
tax required to be collected and paid under this
article within the time and in the amount specified
in this article, there shall be added to such tax by
the City Treasurer a penalty in the amount of ten
(10) percent if the failure is not for more than
thirty (30) days, with an additional ten (10) per-
cent of the total amount of tax owed along with all
penalties for late payment previously levied for
each additional thirty (30) days or fraction thereof
during which the failure continues, not to exceed
twenty-five (25) percent in the aggregate, with a
minimum penalty of two dollars ($2.00).
(b) In the case of a false or fraudulent return
with intent to defraud the City of any tax due under
this article, a penalty of fifty (50) percent of the
tax shall be assessed against the person required to
collect such tax.
§32-296. Violations of article.
Any person violating, failing, refusing or
neglecting to comply with any provision of this
article shall be guilty of a Class 3 misdemeanor.
Conviction of such violation shall not relieve any
person from the payment, collection or remittance
of the taxes provided for in this artiele. An agree-
ment by any person to pay the taxes provided for
in this article by a series of installment payments
shall not relieve any person of criminal liability
for violation of this article until the full amount
of taxes agreed to be paid by such person is re-
ceived by the Treasurer. Each failure, refusal,
neglect or violation, and each day's continuance
thereof, shall constitute a separate offense.
§32-297. Exemptions.
The following purchases of food shall
subject to the tax under this article:
not be
- 7 -
(a)
(b)
(c)
(d)
(e)
(f)
(g)
Food furnished by restaurants to em-
ployees as part of their compensation
when no charge is made to the employee.
Food sold by non-profit day care centers,
public or private elementary or secondary
schools or food sold by any college or
university to its students or employees.
Food for use or consumption by the Com-
monwealth, any political subdivision of
the Commonwealth or the United States.
Food furnished by a hospital, medical
clinic, convalescent home, nursing home,
home for the aged, infirm or handicapped
or other extended care facility to patients
or residents thereof.
Food furnished by a non-profit charitable
organization to elderly, infirm, handi-
capped or needy persons in their homes or
at central locations.
Food sold by a non-profit educational,
charitable or benevolent organization
an occasional basis as a fund-raising
activity or food sold by a church or
religious body on an occasional basis.
on
Any other sale of food which is exempt from
taxation under the Virginia Retail Sales and
Use Tax Act, or administrative rules and regu-
lations issued pursuant thereto.
2. This ordinance shall have no application to a written
contract entered into prior to May 11, 1987, between a seller and
a purchaser which contract provides for the service or delivery
~ of food at a fixed price which includes all taxes.
3. This ordinance shall be in full force and effect on and
.after August 1, 1987.
ATTEST:
City Clerk.
- 8 -
WILBURN C. DIBLING, JR.
CITY ATTORNEY
OFFICE: OF THE CITY ATTORNEY
464 MUNICIPAL BUILDING
May 11, 1987
The Honorable Mayor and Members
of City Council
Roanoke, Virginia
Re: Tax on prepared food and beverages
Dear Mrs. Bowies and Gentlemen:
I am transmitting herewith for the consideration of
Council an ordinance imposing a tax on prepared food and
beverages. I have drafted this ordinance after careful
consideration of nineteen similar ordinances adopted by
other cities of the Commonwealth. The ordinance has been
carefully reviewed by the City Manager and Director of
Finance who have offered helpful comments and suggestions
which have been incorporated.
As requested by the Mayor and several members of Coun-
cil, the City Manager, Director of Finance and I have also
met with and explained the ordinance to representatives of
the food service industry. Those in attendance at this meet-
ing were E. C. Warren of the Roanoker Restaurant, John Poff
of Krisch Hotels, Inc., Larry Landes of Hop-In Food Stores
and A1 Robinson and Randy Lightfoot of Kroger Company. Our
meeting with these representatives of the food service in-
dustry proved positive and useful.
Because food appears in so many different forms and the
food service industry is so diverse, it is unlikely that any
ordinance could ever specifically address every possible
issue with respect to application of this tax. For this
reason, you will note that §32-292 authorizes the Director
of Finance to promulgate rules and regulations for the inter-
pretation, administration and enforcement of the tax. I am
sure that Mr. Sehlanger will provide the uniform, consistent
and fair administration required.
The Honorable Mayor
of City Council
May 11, 1987
and Members
Page 2
I believe the attached ordinance establishes a fair and
enforceable tax.
With kindest personal regards, I am
Sincerely yours,
WCDJr:fcf
Attachment
Wilburn C. Dibling, Jr.
City Attorney
cc: W. Robert Herbert, City Manager
Joel M. Schlanger, Director of Finance
C~9~ce o~ ?ne O~y Oem~
May 20, 1,987
File #24-79-162
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Ordinance No. 28642, amending and reor-
daining §32-104, Levied; rate, and §32-122, Levied; rate, of the
Code of the City of Roanoke (1979), as amended; to establish new
tax rates for all real estate and improvements thereon not exempt
from taxation, for mobile homes and for all real estate and
tangible personal property of public service corporations; effec-
tive July 1, 1987, which Ordinance was adopted by the Council of
the City of Roanoke on first reading on Monday, May 11, 1987,
also adopted by the Council on second reading on Monday, May 18,
1987.
Sincerely,~ i~,~,~ ~. ~
Mary F. Parker, CMC
City Clerk
MFP:ra
Eneo
oc: Mr.
Witburn C. Dibling, Jr., City Attorney
Mr. Donald S. Catdwell, Corrcnonwealth's Attorney
Mr. Raymond Fo Leven, Public Defender, Suite 4B, Southwest
Virginia Building, Roanoke, Virginia 24011
The Honorable Kenneth E. Trabue, Chief Judge, Circuit Court,
305 East Main Street, Salem, Virginia 24153
The Honorable James W. Flippen, Chief Judge, Juvenile and
Domestic Relations District Court
The Honorable Edward S. Kidd, Jr., Chief Judge, General District
Court
The Honorable Jack B. Coulter, Judge, Circuit Court
I~oom456 MunlclpalBuildlng 215 (~urch Avenue, S.W. Roono~e, Vlrglnla24011 (703)981-2541
Mr.
Page 2
May 20,
Robert Herbert
1987
cc:
The Honorable Clifford R. Weckstein, Judge, Circuit Court
The Honorable Roy B. Willett, Judge, Circuit Court
The Honorable G. O. Clemens, Judge, Circuit Court, P. O. Box
1016, Salem, Virginia 24153
Miss Patsy Testerman, Clerk, Circuit Court
Ms. Patsy Bussey, Clerk, Juvenile and Domestic Relations
District Court
Mr. Ronald Albright, Clerk, General District Court
Mr. Bobby D. Casey, Office of the Magistrate, P. 0o Box
13867, Roanoke, Virginia 24037
Ms. CIayne M. Calhoun, Law Librarian
Mr. Robert L. Laslie, Vice President - Supplements, Municipal
Code Corporation, P. 0. Box 2235, Tallahassee, Florida 32304
Mr. Joel M. Schlanger, Director of Finance
Mr. Jerome S. Howard, Cow~nissioner of Revenue
Mr. Gordon E. Peters, City Treasurer
Mr. Von W. Moody, III, Director, Real Estate Valuation
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 18 th day of May, 1987.
No. 28642.
AN ORDINANCE amending and reordaining §32-16, Levied; rate,
subsection (a) of §32-104, Levied; rate, and §32-122, Levied; rate,
of the Code of the City of Roanoke (1979), as amended; to establish
new tax rates for all real estate and improvements thereon not exempt
from taxation, for mobile homes and for all real estate and tangible
personal property of public service corporations; and providing for an
effective date for these tax rates.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. Section 32-16, Levied; rate, subsection (a) of §32-104,
Levied; rate, and §32-122, Levied; rate, of the Code of the City of
Roanoke (1979), as amended, are amended and reordained as follows:
§32-16. Levied; rate.
Pursuant to section 2, subsection (1), Roanoke
Charter of 1952, as amended, and pursuant to the provi-
sions of the general law of the state, and in order to
provide revenue for the operation and administration of
the city government, the payment of principal and
interest upon the city debt, the operation of the public
schools, and for other municipal expenses and purposes,
there is hereby imposed and levied, and there shall be
collected, for each tax year, a tax upon all real estate
and improvements thereon not expressly exempt from taxa-
tion and not the property of a public service corpora-
tion, at the rate of one dollar and twenty-five cents
($1.25) on every one hundred dollars ($100.00) of the
fair market value of such property.
§32-104. Levied; rate.
(a) For the purposes stated in §32-16, there is
hereby imposed and levied, and there shall be collected,
for each tax year, a tax upon all vehicles without
motive power, used or designed to be used as mobile
homes, as defined in §36-71(4) of the Code of Virginia,
and classified in §58.1-3506 of the Code of Virginia,
at the rate established by §32-16 for all real estate
and improvements thereon not expressly exempt from
taxation and not the property of a public service
corporation.
§32-122. Levied; rate.
For the purposes stated in §32-16, there is hereby
imposed and levied, and there shall be collected, for
each tax year, a tax on the following classifications of
property at the following rates:
(1) Upon all real estate and tangible personal
property of public service corporations assessed for
taxation by the state corporation commission or the
state department of taxation, as appropriate, and in
the process of equalization of assessment by such com-
mission, at the rates computed pursuant to §§58.1-2604
and 58.1-2606, Code of Virginia, which are incorporated
by reference herein.
(2) Upon all real estate and tangible personal
property of public service corporations assessed by the
state corporation commission or the state department of
taxation, as appropriate, at one hundred (100) percent
of fair market value and not in the process of equaliza-
tion by such commission or department, at the rate of
one dollar and twenty-five cents ($1.25) on every one
hundred dollars ($100.00) of such assessed value.
2. The rates of tax herein provided and imposed shall be in
force and effect for the tax year commencing on July 1, 1987, and
thereafter.
ATTEST:
City Clerk.
Office of I'he Cily Clerk
May 20, 1987
File #514
Mr. Marc J. Small
Attorney
Melton and Small
713 First Street, S. W.
Roanoke, Virginia 24016
Dear Mr. Small:
I am enclosing copy of Ordinance No. 28643, permanently vacating,
discontinuing and closing a 330+ foot portion of Eton Road,
S. W., more specifically describe~ as that portion of Eton Road,
So W., beginning at its intersection with Red Oak Lane, S. W.,
and running in a westerly direction to the southwest corner of
the property designated as Official Tax No. 5160202 and the
northwest corner of property designated as Official Tax No.
5160204, which Ordinance was adopted by the Council of the City
of Roanoke on first reading on Monday, May 11, 1987, also adopted
by the Council on second reading on Monday, May 18, 1987, and
will take effect ten days following the date of its second
reading.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:ra
P, oom 456 Municipal Building 2t5 C~urch A',~enue, S.W. Roanoke, ~lrginia 24011 (703) 981-2541
Mr. Marc J. S_m~ll
Page 2
May 20, 1987
CC:
Mr. Horace Fralin, c/o Flora Realty, 3807 Brandon Avenue
S. W., Roanoke, Virginia 24018
Mr. Lake L. Newton, 1607 Red Oak Lane, S. W., Roanoke,
Virginia 24018
Mr. and Mrs. Robert Peplot, 1607 Red Oak Lane, S. W.,
Roanoke, Virginia 24018
Mr. Phillip R. Davis, 1515 Red Oak Lane, S. W., Roanoke,
Virginia 24018
Mr. and Mrs. Bobby Lyon, 1513 Red Oak Lane, S. W., Roanoke,
Virginia 24018
Mr. W. Robert Herbert, City Manager
Mr. Wilburn C. Dibling, Jr., City Attorney
Mr. Von W. Moody, III, Director of Real Estate Valuation
Mrs. 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. Charles M. Huffine, City Engineer
Mr. Ronald H. Miller, Building Commissioner and Zoning
Administrator
Mr. John R. Marlles, Chief of Core. unity Planning
Mr. John E. Merrithew, Agent, City Planning Commission
Ms. Martha P. Franklin, Secretary, City Planning Corr~ission
Ms. Doris Layne, Office of Real Estate Valuation
Mr. Jerome S. How~d, Jr., CommiSsioner of Revenue
IN THE COUNCIL OF THE CITY OF ROANOKE,
The 18th day of May, 1987.
No. 28643.
VIRGINIA,
AN ORDINANCE permanently, vacating, discontinuing and closing cer-
tain public right-of-way in the City of Roanoke, Virginia, as is more
particularly described hereinafter.
WHEREAS, Robert M. and Lynda H. Lyon, Jr., have filed an applica-
tion to the Council of the City of Roanoke, Virginia, in accordance
with law, requesting the Council to permanently vacate, discontinue
and close the public right-of-way described hereinafter; and
WHEREAS, the City Planning Commission, which after giving proper
notice to all concerned as required by §30-14, Code of the City of
Roanoke (1979), as amended, and after having conducted a public
hearing on the matter, has made its recommendation to Council.
WHEREAS, a public hearing was held on said application by the City
Council on May 11, 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 citizens were
afforded an opportunity to be heard on said application; and
WHEREAS, it appearing from the foregoing that the land proprietors
affected by the requested closing of the subject public right-of-way
have been properly notified; and
WHEREAS, from all of the foregoing, the Council considers that no
inconvenience will result to any individual or to the public from per-
manently vacating, discontinuing and closing said public right-of-way.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke,
Virginia, that that public right-of-way situate in the City of
Roanoke, Virginia, and more particularly described as follows:
a 330+ foot portion of Eton Road. S. W.. more specifi-
cally-described as that portion of Eton Road. S. W..
beginning at its intersection with Red Oak Lane, S. W.,
and running in a westerly direction to the southwest
corner of the property designated as Official Tax No.
5160202 and the northwest corner of a property
designated as Official Tax No. 5160204.
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
the owner thereof.
BE IT FURTHER ORDAINED
directed to mark "permanently
all maps and plats on file
such municipal installation or utility by
that the City Engineer be,
vacated" on said public
in his
office on which
and he is,
right-of-way on
said right-of-way is
shown, referring to the book and page or ordinances and resolutions of
the Council of the City of Roanoke, Virginia, wherein this ordinance
shall be spread.
BE IT FURTHER ORDAINED that the Clerk of the Council deliver to
the Clerk of the Circuit Court of the City of Roanoke, Virginia, a
certified copy of this ordinance for recordation in the Deed Books of
said Clerk's Office, indexing the same in the name of the City of
Roanoke, Virginia, as Grantor, and in the names of Robert M. and Lynda
H. Lyon, Jr., and the names of any other parties in interest who may
so request, as Grantees.
BE IT FURTHER ORDAINED that this ordinance shall not take effect
until such time as a plat of subdivision has been reviewed and
approved by the City of Roanoke, and duly recorded, realigning the
property presently identified as Official Tax No. 5160204 so that it
has a minimum of ninety feet (90') of frontage on Red Oak Lane, and
providing for the dedication to the City of a cul-de-sac, or other
turnaround area acceptable to the City Engineer, at the terminus of
the remaining portion of Eton Road.
ATTEST:
City Clerk.
Office of the City C~en~
May 20, 1987
File #514
Miss Patsy Testerman
Clerk of the Circuit Court
Roanoke, Virginia
Dear Miss Testerman:
I am attaching copy of Ordinance No. 28643, for proper recor-
dation in your office, which provides for the permanent vacating,
discontinuing and closing of a 330+ foot portion of Eton Road,
S. W., more specifically described Ts that portion of Eton Road,
S. W., beginning at its intersection with Red Oak Lane, S. W.,
and running in a westerly direction to the southwest corner of
the property designated as Official Tax No. 5160202 and the
northwest corner of property designated as Official Tax No.
5160204, which Ordinance was adopted by the Council of the City
of Roanoke on first reading on Monday, May 11, 1987, also adopted
by the Council on second reading on Monday, May 18, 1987, and
wilt take effect ten days following the date of its second
reading.
Sincere fy,
Mary F. Parker, CMC
City Clerk
MFP:ra
Enc.
cc: Mr. Marc J. Small, Attorney, Melton
Street, S. W., Roanoke, Virginia
and Small,
24016
713 First
Room456 MunlclpolButlding 215 Church Avenue, S.W. Roanoke, Vlrglnla24011 (703)981-2541
Roanoke City Planning Commission
May 11, 1987
The Honorable Noel C. Taylor, Mayor
and Members of City Council
Roanoke, Virginia
Dear Members of Council:
Subject:
Request from Bobby and Lynda Lyon, represented by
Marc James Small, Attorney, that a 330+ foot portion
of Eton Road, S.W., more specifically~escribed as
that portion of Eton Road, S.W., beginning at its
intersection with Red Oak Lane, S.W. and running in
a westerly direction to the southwest corner of the
property designated as Official Tax No. 5160202 and
the northwest corner of property designated as
Official Tax No. 5160204, be permanently vacated,
discontinued and closed.
I. Back~round:
Section of Eton Road, S.W. requested for closure extends in a
westerly direction from its intersection with Red Oak Lane,
S.W.
Area of Eton Road as requested for closure is approximately
50' in width and 339' in length. Total area of requested
closure is approximately 16,950 square feet.
Eton Road, S.W. from its platted intersection with Greenlee
Road, S.W. to its platted intersection with Red Oak Lane, S.W.
is currently a wooded area and is undeveloped as a public
right-of-way.
Exclusive Appalachian Power Company easement (overhead
transmission) prohibits the building or construction of houses
or buildings of any type (see attached map A) within the
easement area of Eton Road, S.W.
II. Current Situation:
me
Application for street closure was received on December 24,
1986.
Room 355 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24-011 (703) 98t-2344
B. Applicants own the property identified on the attached map "A"
as official tax no. 5160202.
III.
C4
Closure would landlock the property identified on the attached
map "A as official tax no. 5160204.
D. Closure as requested would create a dead-end street.
Application was scheduled for review at the Planning
Commission's regular meeting of February 4, 1987 and March 4,
1987.
Applicant requested that the application be continued until
the following meeting on both occasions.
Purpose of the requested delay was related to a certain
confusion among adjacent property owners in the lay of
adjacent land plots.
Applicant and adjacent property owners resolved the question
concerning actual lay out of a certain adjacent lot.
Application was reviewed by the Planning Commission at its
regular meeting of April 1, 1987.
Issues:
mJ
Neighborhood impact: Closure would have no impact on the
immediate neighborhood as currently developed.
Traffic impact: Closure would have no impact on traffic needs
of the immediate and current community.
C. Utilities within the ri~ht-of-way:
1. City has no utilities within the public right-of-way.
Appalachian Power Company has facilities within the area
of Eton Road, S.W. requested for closure.
D. Creation of a dead-end street:
Closure as requested would result in the creation of a
dead-end street.
Applicant's counsel has indicated that a cul-de-sac will
be dedicated at the proposed terminus of Eton Road, S.W.
Land use: Applicant's counsel has agreed to submit a plat of
subdivision realigning the property identified as official tax
no. 5160204 and dedicating an area sufficient for a public
turnaround. Adjacent property owners have apparently agreed
on this property realignment. Purpose of the lot realignment
is to combine a portion of the right-of-way (if vacated) of
Eton Road with the 60' wide lot (5160204) to create a new 90'
wide, buildable lot that would front on Red Oak Lane, S.W.
(see attached map).
Relationship to Comprehensive Plan: Request is consistent
with the intent of the Comprehensive Plan that available land
be used in the most appropriate manner:
Subdivision and realisnment of the property tax no.
5160204 (see attached map A) would eliminate the
landlocking of the property (5160204) as it currently
exists.
Exclusive (APCO) overhead easement restrictions on future
building along this section of Eton Road,S.W. minimizes
the potential of this section of Eton Road, S.W. being
opened or extended from Greenlee Road to Red Oak Lane,
S.W.
IV. Recommendation:
The Planning Commission, by a vote of 5-0 (Messrs. Price and Buford
absent) recommended to City Council that the applicant's request to
close the subject portion of Eton Road, S.W., be approved subject
to the following conditions:
That the applicant agree to submit a plat of subdivision for
the City's review and recordation, realigning the property
identified as official tax no. 5160204 and dedicating an area
at the terminus of Eton Road, S.W. to the City, sufficient to
provide a public turnaround.
That official closure of this section of Eton Road, S.W. be
made to become effective upon recordation of such subdivision
plat.
Respectfully submitted,
Susan S. Goode, Chairwoman
Roanoke City Planning Commission
SSG:ERT:mpf
attachments
cc: Assistant City Attorney
Director of Public Works
City Engineer
Building Commissioner/Zoning Administrator
Petitioner
IN THE COUNCIL OF T~E CITY OF ROANOKE, VIRGINIA
IN RE:
Application of Bobby and Lynda
Lyon for vacation of Eton Road
SW, Roanoke, Virginia
APPLICATION FOR VACATING,
DISCONTINUING AND CLOSING
OF ETON ROAD SW
Bobby and Lynda Lyon, by counsel, hereby apply to have
Eton Road SW in the City of Roanoke, Virginia, permanently
vacated, discontinued and closed, pursuant to §15.1-364 of
the Code of Virginia, 1950, as amended, and ~30-14 of the
Code of the uity of Roanoke (1979), as amended. This street
is more particularly described on the map attached and as
follows:
That portion of Eton Road SW between its inter-
section with Red Oak Lane SW (previously Belair
Drive) and a line drawn between the southwest
corner of the property belonging to Bobby and
Lynda Lyon and #5160202 and the northwest corner
of the property belonging to Lake L. Newton and
otherwise described as Tax Map %5160204 and being
approximately 329.44 feet to the west from the
intersection of Eton Road SW and Red Oak Lane SW.
Bobby and Lynda Lyon state that the grounds for this
application are as follows:
1.) Ail property owners have been notified in writing
;but their attitudes are not known. It is believed Lake L.
Newton has no objection to this closure.
2.) The property to be vacated is presently being used
as a street.
3.) The applicants desire this road to be closed in
order to prevent undue traffic and to protect the lives,
walfare, and property values of all adjoining property
owners.
WHEREFORE, Bobby and Lynda Lyons respectfully request
that the above described street, be vacated by the Council of
the City of Roanoke, Virginia, in accordance with §15.1-364
of the Code of Virginia, 1950, as amended, and §30-14 of the
Code of the City of Roanoke (1979), as amended.
iMarc James Small, Esquire
Melton & Small
,713 First Street SW
iRoanoke Virginia 24016
(703) 981-0530
E-TO KI RO~,D,
50'
SURVEY FOR
ROB~R'T M. L¥Okl, ,JR. 4, L'YKIDA 14. L¥OI~
· .~ ~4~. -- IY: T. P. PARKER & SON I' o,.,: _OCT
~M ~ ~1, ~ ENGINEERS I S~RVEYOIS , LTD.
~.~.~ , , ...... ....-__,,..,.,. i..o. ,=.,~ !
Melton and Small
Attomey~ at I.~w
713 Fire Stxzet; $. W.
Roanoke, Vi~'nia 24016
..... :, ,37 F C,~-
Teresa B. Melton
Marc James Sm=Il
(703) 981~)$30
15th January 1987
Mr Ted Tucker
Room 355
Municipal Building
215 Church Avenue SW
Roanoke Virginia 24011
RE: Eton Road SW Closure
Dear Mr Tucker
Enclosed please find a copy of our revised Application
containing a modified description of the portion of road to
be closed together with a copy of the survey of the Lyon's
property. Please note that my clients now feel they can
obtain the consent of MS Lake L. Newton to this closure.
Please further note the problem raised by the location of the
Lyon residence on the southwest corner of their property,
thus limiting the space available for dedication to the City
as a cul-de-sac. My clients are aware of this situation and
are willing to work with the City in any way to obviate the
problem.
I understand this matter will be on the City Planning
%ommission's agenda for the meeting of February 4 next at
cf: Bobby and Lynda Lyon// Mar/amesc/~
Small
IBI
IBB
:~m I'ml
0 '001
Office of the O~y Clerk
April 21, 1987
File #$14
Mr. Marc J. Small
Attorney
Melton and Small
713 First Street, S. W.
Roanoke, Virginia 24016
Dear Mr. Small:
I am enclosing copy of a report of the City Planning Corr~nission
recommending that the Council of the City of Roanoke grant the
request of your clients, Bobby and Lynda Lyon, that a 330+ foot
portion of Eton Road, S. W., more specifically described a~ that
portion of Eton Road, S. IV., beginning at its intersection with
Red Oak Lane, S.W., and running in a westerly direction to the
southwest corner of the property designated as Official Tax No.
5160202 and the northwest corner of property designated as
Official Tax No. 5160204, 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, o public
hearing on the abovedescribed request has been set for Monday,
May 11, 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 street closing,
which were prepared by the City Attorney's Office. Please review
the Ordinance and if you have any questions, you may contact Mr.
William M. Hackworth, Assistant City Attorney, at 981-2431.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:ra
Enc.
I:~oo~n456 Munlclpall~Jildlng 215C~urchA',~nue, S.W. Roonoke, Vlrginla24011 (703)981-2541
Mr. Marc J. Small
Page 2
April 21, 1987
CC:
Mr. Horace Fralin, c/o Flora Realty, 3807 Brandon Avenue
S. W., Roanoke, Virginia 24018
~r. Lake L. Newton, 1607 Red Oak Lane, S, W. Roanoke,
Virginia 24018 '
Mro and Mrs. Robert Peplot, 1607 Red Oak Lane, S. W.
Roanoke, Virginia 24018 '
Mr. Phillip R. Davis, 1515 Red Oak Lane, S. W. Roanoke
Virginia 24018 ' '
~r. and Mrs. Bobby Lyon, 1513 Red Oak Lane, So W. Roanoke,
Virginia 24018 '
Mr. W. Robert Herbert, City Manager
Mr. Earl B. Reynolds, Jr., Assistant City Manager
Mr. Wilburn C. Dibling, Jr., City Attorney
Mr. Von W. Moody, III, Director of Real Estate Valuation
Mrs, Susan S. Goode, Chairman, City Planning Commission
Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals
~r. William F. Clark, Director of Public Works
Mr. Kit B. Kiser, Director of Utilities and Operations
Mr. William M. Hackworth, Assistant City Attorney
Mr. Charles M. Huffine, City Engineer
Mr. Ronald ~. Miller, Building Commissioner and
Administrator
Mr. John R. Marlles, Chief of Community Planning
MS.
~s.
Zoning
Martha P. Franklin, Secretary, City Planning Commission
Doris Layne, Office of Real Estate Valuation
AL NUMBER 4221521'$
PUBL iSHE~' S FEE
CITY OF ROANOKE
C/O MAFY F PAFKER
CITY CLERKS OFFICE
R60M 456 MUNICIPAL ~ILDG
ROANOKE VA 24011
CI FY ' F![:i
STATE OF VIRGINIA
CITY OF RGANGKE
At:FIDAVIT OF PUE~LICATtON
I, ITHE UNDERSIGNED) AN OFFiCEF OF
TIMES-WORLL~ CCRPURATICN, WHICH COR-
PORATION IS PL)BLISHEF, OF THE ROANOKE
TIMES & NOF, LD-NEWS, A DAILY NEWSPAPER
PUBLISHED IN FC)~NOKE~ IN THE STATE OF
VIRGINIA~ DO CERTIFY THAT THE ANNEXED
~OTI~E WAS PUBLISHED IN SA~D NEWSPAPERS
ON THE FOLLOWING DATES
Oz*/24/87 NORNIHG
05/01187 HC RNING
~ ITNESS, THIS 4Tit DAY OF ,HAY
1987
NOTICE OF PUBLIC HEARING
TO WHOM IT MAY CONCERN:
The Council of the City of Roanoke will hold a Public Hearing
on Monday, May 11, 1987, at 7:30 p.m. or as soon thereafter as
the matter may he heard, in the Council Chamber in the Municipal
Building, 215 Church Avenue, S. W., on an application to per-
manently abandon, vacate, discontinue and close the following
public right-of-way:
A 330~ foot portion of Eton Road, S. W., more speci-
fically described as that portion of Eton Road, S. W.,
beginning at its intersection with Red Oak Lane, S. W.,
and running in a westerly direction to the southwest
corner of the property designated as Official Tax No.
5160202 and the northwest corner of a property
designated as Official Tax No. 5160204.
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 22nd day of hpri] 19 87
Please publish in full twice, once on
Friday, April 24, 1987, and once on
Friday, May 1, 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:
Mr. Marc J. Small, Attorney
Melton and Small
713 First Street, S. W.
Roanoke, Virginia 24016
TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA
PERTAINING TO THE ALLEY CLOSURE REQUEST OF:
Requast from Bobby and Lynda Lyon, represented by Marc James
Small, Attorney, that a 330~ foot portion of Eton Road, S.W.,
more specifically described as that portion of Eton Road,
S.W., beginning at its intersection with Red Oak Lane, S.W.
and running in a westerly direction to the southwest corner
of the property designated as Official Tax No. 5160202 and the
northwest corner of property designated as Official Tax No.
5160204, 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 a Secretary to the Roanoke City 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 23rd day of March, 1987,
notices of a public hearing to be held on the 1st day of April, 1987, on
the alley closure captioned above to the agent or owner of the parcels
listed below at their last known address:
PARCEL
5150302
OWNER, AGENT OR OCCUPANT
5160204
Horace Fralin, et al
c/o Flora Realty
5160201
5160203
Lake L. Newton
5160202
Robert and Constance Pcplot
Phillip R. Davis
Bobby & Lynda Lyon
ADDRESS
3807 Brandon Avenue, SW
Roanoke, VA 24018
1607 Red Oak Lane, SW
Roanoke, VA 24018
1607 Red Oak Lane, SW
Roanoke, VA 24018
1515 Red Oak Lane, SW
Roanoke, VA 24018
1513 Red Oak Lane, SW
Roanoke, VA 24018
Martha Pace Franklin
SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of
Roanoke, Virginia, this 23rd day of March, 1987.
Notary Public
My Commission Expires:
PERTAINING TO THE ALLEY CLOSURE REQUEST OF: '87 FEI~ 23 ~ 3-'.
Request from Bobby and Lynda Lyon, represented by Marc 3ames )
Small, Attorney, that a 330~ foot portion of Eton Road, S.W., )
more specifically described as that portion of Eton Road, )
S.W., beginning at its intersection with Red Oak Lane, S.W. )
and running in a westerly direction to the southwest corner )
of the property designated as Official Tax No. 5160202 and the)
northwest corner of property designated as Official Tax No. )
5160204, 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 a Secretary to the Roanoke City Planning Commission, and as such is
competent to make this affidavit of her owen 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 23rd day of February, 1987,
notices of a public hearing to be held on the 4th day of March, 1987, on
the alley closure captioned above to the agent or owner of the parcels
listed below at their last known address:
OWNER, AGENT OR OCCUPANT
Horace Fralin, et al
c/o Flora Realty
Lake L. Newton
PARCEL
5150302
Robert and Constance Peplot
Phillip R. Davis
5160204
Bobby & Lynda Lyon
5160201
5160203
5160202
ADDRESS
3807 Brandon Avenue, SW
Roanoke, VA 24018
1607 Red Oak Lane, SW
Roanoke, VA 24018
1607 Red Oak Lane, SW
Roanoke, VA 24018
1515 Red Oak Lane, SW
Roanoke, VA 24018
1513 Red Oak Lane, SW
Roanoke, VA 24018
Ma~ch~a Pace Franklin
SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of
Roanoke, Virginia, this 23rd day of February, 1987.
Notary Public
My Commission Expires:
TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGIN~A~T¥ '~ %~ ~ ~'~ ](>
PERTAINING TO THE ALLEY CLOSURE REQUEST OF: '87 ,IA~i 28 ? '~ '~
Request from Bobby and Lynda Lyon, represented by Marc James )
Small, Attorney, that a 330+ foot portion of Eton Road, S.W., )
more specifically described as that portion of Eton Road, )
S.W., beginning at its intersection with Red Oak Lane, S.W. )
and running in a westerly direction to the southwest corner )
of the property designated as Official Tax No. 5160202 and the)
northwest corner of property designated as Official Tax No. )
5160204, 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 a Secretary to the Roanoke City Planning Commission, and as such is
competent to make this affidavit of her own personal knowledge. Affidavit
states that, pursuant to the provisions of ~15.1-341) Code of Virginia
(1950), as amended, on behalf of the Planning Co~ission of the City of
Roanoke she has sent by first-class mail on the ~h day of January, 1987,
notices of a public hearing to be held on the 4th day of February, 1987, on
the alley closure captioned above to the agent or owner of the parcels
listed below at their last known address:
PARCEL OWNER, AGENT OR OCCUPANT ADDRESS
5150302 Horace Fralin, et al 3807 Brandon Avenue, SW
c/o Flora Realty Roanoke, VA 24018
5160204 Lake L. Newton 1607 Red Oak Lane, SW
Roanoke, VA 24018
5160201 Robert and Constance Peplot 1607 Red Oak Lane, SW
Roanoke, VA 24018
5160203 Phillip R. Davis 1515 Red Oak Lane, SW
Roanoke, VA 24018
5160202 Bobby & Lynda Lyon 1513 Red Oak Lane, SW
Roanoke, VA 24018
Ma~tha Pace Franklin
Roanoke, Virginia, this
SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of
~2'~h day of January, 1987.
Notary
My Commission Expires:
NOTICE OF PUBLIC REARING BEFORE THE ROANOKE CITY PLANNING COMMISSION
'87 16 W OM CONCE :
The Roanoke City Planning Commission will hold a public hearing on
Wednesday, Fabruary 4, 1987, at 1:30 p.m., or as soon thereafter as the
matter may be heard, in the City Council Chamber, fourth floor,
Municipal Building, in order to consider the following:
Request from Bobby and Lynda Lyon, represented by Marc James Small,
Attorney, that a 330~ foot portion of Eton Road, S.W., more
specifically described as that portion of Eton Road, S.W.,
beginning at its intersection with Red Oak Lane, S.W. and running
in a westerly direction to the southwest corner of the property
designated as Official Tax No. 5160202 and the northwest corner of
property designated as Official Tax No. 5160204, be permanently
vacated, discontinued and closed.
A copy of said application is available for review in the Office of
Community Planning, Room 355, Municipal Building.
Ail parties in interest and citizens may appear on the above date
and be heard on the matter.
Martha P. Franklin, Secretary
Roanoke City Planning Commission
Please run in the morning edition on Tuesday, January 20, 1987
Please run in the evening edition on Tuesday, January 27, 1987
Please send affidavit of publication to:
Office of Community Planning,
Room 355, Municipal Building,
Roanoke, VA 24011
Please bill:
Mr. Marc James Small
Melton and Small
713 First Street, S.W.
Roanoke· VA 24016
981-0530
C)f~ce o~ ~e City Cge. n~
January 16, 1987
File ~514
Mrs. Susan S. Goode
Chairman
City Planning Commission
Roanoke, Virginia
Dear Mrs. Goode:
Pursuant to Ordinance No. 25226, I am enclosing copy of an
amended application from Mr. Marc J. Small, Attorney, repre-
senting Bobby and Lynda Lyon, requesting that Eton Road, S. W.,
between its intersection with Red Oak Lane, S. H. and a line
drawn between the southwest corner of the property owned by
Mr. and Mrs. Lyon and Official Tax No. 5160202, and the northwest
corner of Official Tax No. 51602~4, being approximately 329.44
feet to the west from the intersection of Eton Road and Red Oak
Lane, S. W., be permanently vacated, discontinued and closed.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:se
Enc o
cc: Mr. Marc J. Small, Attorney, Melton and Small, 713 First
Street, S. W., Roanoke, Virginia 24016
Mr. William M. Hackworth, Assistant City Attorney
Mrs. Martha p. Franklin, Secretary, City Planning Commission
Mr. Ronald H. Miller, Zoning Administrator
Room456 MunlclpalBuiidlng 215 C~urch Avenue, S.W. Roanoke, Vlrginla24011 (703)981-254t
Office of fl~e City Gerk
May 20, 1987
File #51
Mr. Richard S. Whitney, Jr.
Fratin and Waldron, Inc.
P. 0. Box 20069
Roanoke, Virginia 24018
Dear Mr. Whitney:
I am enclosing copy of Ordinance No. 28644, rezoning a certain
tract of land containing approximately 3/10 of one acre, being a
portion of Official Tax No. 1440321, and located between Maiden
Lane and Windsor Avenue on the west side of Grandin Road, S. W.,
from RD, Duplex Residential District, to C-1, Office and
Institutional District, which Ordinance was adopted by the
Council of the City of Roanoke on first reading on Monday, May
11, 1987, also adopted by the Council on second reading on
Monday, May 18, 1987, a~d will .take effect ten days following the
date of its second reading.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:ra
Enc o
cc: Mr. Joe G. Lennon, 2019 Windsor Avenue, S. W., Roanoke,
Virginia 24015
Mr. Clark H. Hale, 2027 Windsor Avenue, S. W., Roanoke,
Virginia 24015
Ms. Donna L. Laney, 2028 Maiden Lane, S. W., Roanoke,
Virginia 24015
Ms. Jacqueline Y. Ciepiela, 2028 Maiden Lane, S. W.,
Roanoke, Virginia 24015
Mr. Joe H. Hankins, 2034 Maiden Lane, S. W., Roanoke,
Virginia 24015
Mr. Robert F. D~gan, 2023 Windsor Avenue, S. W., Roanoke,
Virginia 24015
Roo~456 Munlcl~l~ildl~ 215 ~u~hAven~,S.W. Roanoke.~in~2~11 (7~)981-2541
Mr. Richard ~o.Whitney,
Page 2
May 20, 1987
Jr.
cc:
Mr. Malcolm M. Rosenberg, P. O. Box 1078, Roanoke, Virginia
24005
Ms. Kathleen W. Wilson, 2302 Maiden Lane, S. W., Roanoke,
Virginia 24015
Ms. Mary W. Schnurman, c/o Ms. Betty Waldron, P. O. Box
2482, Roanoke, Virginia 24010
Mr. William Co Williams, 1602 Grandin Road, S. W., Roanoke,
Virginia 24015
Mr. and Mrs. Thomas K. Clark, Jr., 1606 Grandin Road, S. W.,
Roanoke, Virginia 24015
Mr. Vance Hollingsworth, c/o Lunsford Realty, 2305 Colonial
Avenue, S. W., Roanoke, Virginia 24015
Mr. and Mrs. John R. Gohegan, c/o Mr. John R. Gohe~an, Jr.,
212 Lindbergh Avenue, Frederick, Maryland 21701
Mr. W. Robert Herbert, City Manager
Mr. Wilburn C. Dibling, Jr., City Attorney
Mr. Von W. Moody, III, Director of Real Estate Valuation
Mrs. Susan S. Goode, Chairman, City Planning Corrgnission
Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals
Mr. William F. Clark, Director of Public Works
Mr. Kit B. Kiser, Director of Utilities and Operations
Mr. Charles M. Huffine, City Engineer
Mr. Ronald H. Miller, Building Commissioner and Zoning
Administrator
Mr. John R. Marlles, Chief of Community Planning
Mr. John E. Merrithew, Agent, City Planning Commission
Ms. iiartha P. Franklin, Secretary, City Planning Commission
Ms. Doris Layne, Office of Real Estate Valuation
IN THE COUNCIL OF THE CITY OF ROANOKE,
The 18th day of May, 1987.
No. 28644.
VIRGINIA,
AN ORDINANCE to amend §$36-3 and 36-4, Code of the City of Roanoke
(1979), as amended, and Sheet No. 144, Sectional 1976 Zone Map, City
of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the applicant.
Duplex Residential
District, subject
and
WHEREAS, application has been made to the Council of the City of
Roanoke to have the hereinafter described property rezoned from RD,
District, to C-I, Office and Institutional
to certain conditions proffered by the applicant;
WHEREAS, the City Planning Commission, which after giving proper
notice to all concerned as required by $36-541, 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 }~y 11, 1987, after due and timely notice
thereof as required by §36-541. Code of the City of Roanoke (1979), as
amended, at which hearing all parties in interest and citizens were
given an opportunity to be heard, both for and against the proposed
rezoning; and
WHEREAS, this Council, after considering the aforesaid applica-
tion, the recor~nendation made to the Council by the Planning Commis-
sion, the City's Comprehensive Plan, and the matters presented at
the public hearing, is of the opinion that the hereinafter described
property should be rezoned as herein provided.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that §§36-3 and 36-4, Code of the City of Roanoke (1979), as amended,
and Sheet No. 144 of the Sectional 1976 Zone Map, City of Roanoke, be
amended in the following particular and no other:
Property described as a certain tract of land located in the
City containing approximately 3/10 of an acre, located between Maiden
Lane and Windsor Avenue, on the west side of Grandin Road, designated
on Sheet No. 144 of the Sectional 1976 Zone Map, City of Roanoke, as
a portion of Official Tax No. 1440321 beginning at a point at the NE
corner of Official Tax No. 1440306, thence 128' north, then 115' west,
then 115' south, thence 100' east to the point of beginning, be and
is hereby rezoned from RD, Duplex Residential District, to C-1, Office
and Institutional District, subject to those conditions proffered by
and set forth in the Petitioner's Second Amended Petition to Rezone,
filed with the City Clerk on April 1, 1987, and that Sheet No. 144 of
the Zone Map be changed in this respect.
ATTEST:
City Clerk.
Roanoke City Planning Commission
May 11, 1987
The Honorable Noel C. Taylor, Mayor
and Members of City Council
Roanoke, Virginia
Dear Members of Council:
Subject:
Request from Fralin and Waldron Incorporated that a tract
of land containing approximately 3/10 of one acre, being
a portion of official tax no. 1440321, and located
between Maiden Lane and Windsor Avenue on the west side
of Grandin Road, S.W., be rezoned from RD, Duplex
Residential District to C-i, Office and Institutional
District, such rezoning to be subject to certain
conditions proffered by the petitioner.
I. Background:
Fralin and Waldron's subsidiary, Medical Facilities of America
is proposing a 120-bed nursing home on an approximately two
acre site which consists of seven properties fronting on
Grandin Road and include tax nos. 1440317, 1440318, 1440319,
1440320, 1440321, 1440322 and 1440323. A development plan has
been filed and is attached for your review as well as an
elevation view of the proposed building.
The properties to be developed are presently zoned C-i, with
the exception of the rear portion of tax no. 1440321, which is
zoned RD. The facility would utilize the area requested for
rezoning for parking (see development plan).
Petition to rezone was filed on 3/11/87.
petition to rezone was filed on 3/19/87.
were:
First amended
Proffered conditions
Room 355 Municipal Building 215 Church Avenue, SW. Roanoke, Virginia 2401 t (703) 981-2344
De
The tract as rezoned will be used only for the purpose of
construction and operation of a nursin~ home facility.
The said tract for rezoning will be subject to the
granting of a Special Exception Permit by the Board of
Zoning Appeals (BZA) for a nursing home facility. Should
a Special Exception not be granted by the BZA, the zonin~
designation of the said tract will return to that of RD,
Residential Duplex District, without further action of
the City Council.
Second amended petition was filed on 4/1/87. Proffered
conditions are:
The tract as rezoned will be used only for the purpose of
a parking lot in conjunction with a nursin~ hom~
facility, not to exceed 120 beds and a total square
footage of the nursing home will not exceed 41,043 square
feet in the future.
The said tract for rezoning will be subject to the
granting of a Special Exception Permit by the Board of
Zoning Appeals (BZA) for a nursing home facility. Should
a Special Exception not be granted by the BZA, or the
construction of the facility not commenced on or before
June 1, 1989, the zonin~ designation of the said tract
will return to that of RD, Residential Duplex District,
without further action of the City Council.
A_ny existin~ alley ri~ht-of-ways adjacent to said tract
will not be used for the purpose of ingress or e~ress.
Plannin~ Commission public hearing was held on 4/1/87. A copy
of the minutes of that meeting are attached for your review.
The Greater Raleigh Court Civic League advised it would not
oppose the project if certain conditions were met. (See
attached letter from GRCCL and letter of intent signed by
F&W). Several residents voiced their concerns for the project
which they felt was too large for the site and would cause
problems with traffic, storm water runoff, dumpster odors, and
property values.
Under the current zoning regulations the following provisions
applied to the proposed facility:
1. In a C-1 zone, rest homes and convalescent homes for the
aged are permitted by special exception of the Board of
Zoning Appeals.
In an RD zone, where the district adjoins a commercial
district without an intervening street, off-street
parking lots in conjunction with commercial uses are
permitted by special exception provided certain
conditions are met relative to buffering, lighting and
vehicular, sales, or service activity (Sections 36-62(6)
and 36-85 of Zoning Code).
Note: Since the proposed facility would have to obtain a
Certificate of Need from the State of Virginia and if
approved, would not likely be under construction until
late 1987 or 1988, it was recommended that a rezonin$ of
the rear portion of Tax no. 1440321 be pursued. This was
encouraged especially in light of new zoning changes
which would not permit the commercial parking lot in an
RD zone.
Under the proposed zoning regulations, a nursing home (group
care facility) is permitted in a C-1 zone by special exception
of the Board of Zoning Appeals.
Guidelines for the granting of special exception uses also are
set forth dealing with such issues as neighborhood
compatibility, utility capacities and services, traffic,
flooding, and conformance with other zoning requirements as
well as the Comprehensive Plan.
Several meetinss between Fralin and Waldron and the Raleigh
Court Civic League have occurred since the project was
proposed. Neighborhood concerns have been voiced and
resolutions have been proposed. Additional engineering
studies are being undertaken by F&W to further address
neighborhood concerns with regard to water, sewer, traffic,
parking and storm water runoff.
II. Issues:
A. Zonin$.
B. Land use.
C. Utilities.
D. Traffic.
E. Parkin$.
F. Neishborhood.
G. Comprehensive Plan.
III. Alternatives:
A. Approve the rezoning request.
Zoning of the rear portion of the subject property is
presantly RD. Zoning of remainder of property is C-1.
Zoning along the frontage of Grandin Road from Memorial
to Windsor Avenues is a mixture of C-1 and C-2. Zoning
on Grandin Road south of Windsor Avenue is RG-1. Zoning
for the residential areas off Grandin Road are RD (west)
and RG-1 (east). Proposed rezoning to C-1 would be
consistent with established zoning patterns in the area
but would encroach upon the adjoining residential
properties.
Land use of property is presently vacant, as are the
other six parcels proposed for development. Properties
immediately adjacent to the portion of the lot requested
for rezoning contain single family homes. Other uses in
the immediate area along Grandin Road include apartments,
offices, and retail businesses. Land use proposed for
the property would be consistent with established land
use pattern.
Utilities for water and sewer are available. Water
pressure is a problem in this area of Raleigh Court.
Pressure is not adequate on Grandin Road to supply
sufficient domestic and fire flow to the site. A new
line would have to be constructed at the developer's
expense to service the facility by connecting to an
existing line on Chesterfield Street (approx. 1,500
feet). Such a connection is possible without adverse
effects on residents' water pressure.
Storm water management would have to be handled on site.
An existing storm drain is available across Grandin Road
near Bluemont Avenue, however, the system would not be
able to acconnnodate storm water from this facility. The
City Code would require a zero percent increase in the
rate of run-off from the site. It appears that storm
water management would be feasible on the site given the
amount of landscaped and open parking area proposed which
could be utilized.
Traffic access is proposed from Windsor Avenue. Access
from Grandin Road was considered as an alternative, but
sight clearance problems require access from Windsor.
The entrance to the parking area and the facility has
been shifted to 50 feet from the lot line of the
adjoining residential property to reduce impact on the
residence. The traffic generated by the facility is
expected to be lower in volume (324 trips per day) than
an office use (480 trips per day) of the same size.
Rezoning the subject property would affect the adjoining
residential properties by placing part of the parking lot
for the facility behind single family homes. Buffering,
landscaping, and screening of the parking area is
proposed and will be required as part of the City's site
plan review.
Parking is proposed for two areas on the property to
provide 70 parking spaces. Additional street parking is
available on Grandin Road and Windsor Avenue.
Approximately 66 parking spaces would be required under
the proposed zoning regulations. Sufficient parking
space is an issue with residents.
Neighborhood has been working with the petitioner on this
development. Citizen concerns have related to the size
of the building, the exterior design, access, water
service, adequate parking, and buffering of adjoining
single family homes. Meetings with the neighborhood to
discuss and address concerns have taken place and many
concerns have been resolved. Additional engineering
studies by F&W are being undertaken for traffic, parking,
water, sewer, and storm water management to further
address citizen concerns.
7. Comprehensive Plan recommends that:
Deny
1.
3.
4.
5.
Neighborhood character and environmental quality
should be protected.
New housing types should be encouraged to respond to
current needs and trends. Such development should
be carefully designed to relate well to the existing
neighborhood character.
Appropriate housin~ services for individuals with
special needs should be available in neighborhood
settings. Services should be made available to
allow Roanoke's elderly citizens to remain in their
own homes or neighborhoods as long as possible.
. the rezoning request.
Zonin~ remains RD. That portion of parcel number 1440321
cannot be used for commercial purposes. Remainder of lot
and other six lots on Grandin Road are already zoned C-1.
Nursing home could be permitted as a special exception by
the BZA provided parking not provided for on the RD zoned
property and other provisions of ordinance met.
Land use not affected.
Utilities not affected.
Traffic not affected.
Parkin~ would not be permitted on rear portion of lot for
commercial purposes.
Neighborhood would not be affected by proposed parking,
but could be affected by permitted uses within C-1 zone.
7. Comprehensive Plan could be followed.
IV. Recommendation:
The Planning Commission recommended approval of the rezoning
request by a vote of 5-0 (Messrs. Buford and Price absent).
Development of the properties for a nursing facility is a
reasonable use of the large vacant tract. The majority of the site
is already zoned for commercial use and the proposed development
would provide a comprehensive approach to utilizing all of the
seven properties. F&W has worked with the citizens to resolve
concerns and to develop a facility that is compatible with the
neighborhood. A nursing facility is needed in this area of the
City and such facilities are supported by the Comprehensive Plan.
Respectfully submitted,
Susan S. Goode, Chairwoman
Roanoke City Planning Commission
JEM:mpf
attachments
cc: Assistant City Attorney
Director of Public Works
City Engineer
Building Commissioner/Zoning Administrator
Petitioner
1.1{ 'r~ COUI{CIL OF THE CITY Olin ROANOKE, VIROINI.%
IN RE: Rezoning of a tract of land lyin~.~$~[~id~n Lane )
and Windsor Avenue on the West Sitd~ efuGrafldin Road, )
from. RD, Residential Duplex District, to C-1 Office ) SECOND
and~nstitutlonal District. The.~bJ~-et?tr~¢t is a ) AMENDE]
a p~ of an assemblage of lots currently Zoned C-1. ) PETITI(
Thl~will constitute a conditional rezoning subject to ) TO
Fralln and Waldron, Inc. and/or Medical Facilities of ) REZON!
America LI, a Limited Partnership, obtaining a special )
exception by the Board of Zoning Appeals. )
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE:
1. The petitioners, Fralin and Waldron, Inc. for Medical Facilities
LI, have a bonafide contract to purchase a certain tract of land located
in the City of Roanoke, Virginia containing approximately ~/10 of
i acre, located between Maiden Lane and Windsor Avenue on the West
Side of Grandin Road, and designated on Roanoke City Appraisal Maps
as a portion of Official Tax Number 1~40321 beginning at a point at
the NE corner of lot 1~20306 thence 128' North, then 115' West, thence
115' south, thence 100' east to the point of beginning. The said
tract is currently zoned RD, Residential Duplex District, a map of
which is hereby attached as Exhibit A.
2. Pursuant to Article VIII of Chapter 36, Code of the City of
Roanoke (1979), as amended, the petitioners request that the said
property be rezoned from RD, Residential Duplex District to C-l, Office
and Institutional District, subject to certain conditions set forth
below for the purpose of constructing and operating a nursing home
facility.
3. The petitioners believe that the rezoning of the said tract
of land will further the intent and purposes of the City's Zoning
Ordinance and its' Comprehensive Plan in that it will promote the
health, safety, comfort, prosperity, and general welfare of the public
and will protect and enhance the scale, character, and stability of
existing neighborhoods as well as facilitate the creation of acon~en~en~,· ~ ~
harmonious and attractive community in the City of Roanoke. This
facility will also satisfy the need identified by the Roanoke Visicn
Process for "neighborhood multi purpose human service centers" to
provide, among other things, elderly care and other services to the
needs of a specific area, making them an integral part of each community.
4. The petitioners hereby proffer and agree that if the said tract
is zoned as requested, that the zoning will be subject to, and that
the petitioners will abide by, the following conditions:
a. The tract as rezoned will be used only for the purpose of
a parking lot in conjunction with a nursing home facility not to exceed
120 beds and a total square footage of the nursing home will not exceed
~1,0~3 square feet in ~ne future.
b. The said tract for rezoning will be subject to the granting
of a Special Exception Permit by the Board of Zoning Appeals (BZA)
for a nursing home facility. Should a Special Exception not be granted
by the BZA, or the construction of the facility not commenced on or
before June 1, 1989 the zoning designation of the said tract will
return to that of RD, Residential Duplex District, without further
action of the City Council.
c. Any eZisting alley right-of-ways adjacent to said tract will not
be used for thee purpose of ingress or egress.
5. Attached as Exhibit B are the names and address of the owner
or owners of all lots or property immediately adjacent to or immediately
across a street or road from the property to be rezoned.
WHEREFORE, the petitioners request that the above-described tract
be rezoned as requested in accordance with the provisions of the Zoning
Ordinance of the City of Roanoke.
Respectfully submitted,
FRALIN AND WALDRON,.!~C.
Date ~/'//~ ff
Richard S. Whitney, Jr.
Senior Vice President
: /
, I
EXHIBIT ~
Joseph Gregory~ennon
2019 Windsor Avenue, SW
Roanoke Virginia 24015
Robert F. Dugan
2023 Windsor Avenue, SW
Roanoke Virginia 24015
Clark H. Hale
2022 Windsor Avenue, SW
Roanoke Virginia 24015
Malcolm M. Rosenberg
5322 Hunting Hills Drive,
Roanoke Virginxa 24018
' Kathleen W. Wilson
2038 Maiden Lane, SW
Roanoke Virginia 24015
Joe H. Haskins
2034 Maiden Lane,
Roanoke Virginma
SW
24015
Donna D. Laney
2028 Maiden Lane,
Roanoke, Virginla
SW
24015
Mary W. Schnurman
2022 Maiden Lane,
Roanoke, Virginza
SW
24015
Hugh A. Piouke
1501 Grandin Road
Roanoke, Virginia
24015
John R. and ~lary H. Gohegan
c/o John R. Gohegan, Jr.
212 Lindbergh Avenue
Frederick, Maryland 21701
Vance Hollingsworth
~/o Lunsford Realty Company
2305 Colonial Avenue, SW
Roanoke, Virginia 2~015
Thomas K. Clark, Jr.
1606 Grandin Road, SW
Roanoke, Virginia 24015
William C. Williams
1602 Grandin Road
Roanoke, Virginia 24015
SW
Tax Map # 1440306
Tax Map# 1440305
Tax Map # 1440304
Tax Map# 1440317-323
Tax ~p# 1440312
Tax Map# 1440313
Tax Map# 1440314
/ax NaD# !~403!51
Tax >lapp !~03!6
Tax Nap# 133!60~
Tax Map# 1331603
Tax }lapp 1331602
Tax Map# 1331601
April l, 1987
The~m.vao seeonded by~r. Jones.
Mr. ~Aave the staff re~rc sa the meter, ~ch rec~nded
mppr~of ~ razor. He ~ ~hmc h~scor~cmlly, dupl~
dmvelo~e'~n place ~ the block ~ because of the ~oCw
~zure of uses ~n~e area, staff hd rmc~nded appr~al of zhe
requms~ ~
~. J. T. ~Cla~ sCaced~c he ~derec~d ChaC al~ of the zoning ~n
h~e aFea~e spoc z~S. ~aleo advised chaC he had hoc Fece~ved
noC~ce vhen apaF~enCo had he~lc ~n h{e 8Fea.
Mr. Bradshav explained the def[niC~on ~spoC zont~ and stated chac the
area vas hOC spoc zoned.. _ _ ~ ~
Staff was requested Co chec~e h[sC~ of C~ zon~nS aC the co.er off
~escs~de Boulevard and Her~berser Road, ~e~business machine store
~s presently located. ~
There being no further discuss~on, the moC~on vas app~ved 5-0 Co deny
the request. ~
7. Request from Fralin and Waldron, Incorporated that a tract of land
containing approximately 3/10 of one acre, being a portion of
Official Tax No. 1440321, and located between Maiden Lane and
Windsor Avenue on the vest side of Grandin Road, S.W.~ be rezoned
from RD, Duplex Residential District, to C-l, Office and
Institutional District, such rezonin~ to be subject to certain
conditions proffered by the petitioner.
Mr. Larry Horton (Fralin and Waldron) appeared before the Commission and
gave the history of Fralin and Waldron's involvement in the area of
nursing facilities. He stated that Fralin and Waldron (F&W) had chosen
the Grandin Road site because it was an area that provided the second
largest number of nursing home patients, was equidistant between the
hospitals in the Valley, had nearby ambulance service and was on a bus
line. He said that he had thought the people who lived in the
neighborhood would be able to use the facility.
Relative to site specific issues, Mr. Horton mentioned the following:
Water pressure - site would use the Chesterfield Street water
system which has higher pressure than the Grandin Road line.
Sewer capacity is in front of the site.
Storm water runoff would be handled on-site, as per the City's
zero percent increase in runoff policy.
Concerning traffic, Mr. Horton stated that previous plans had been
called for the entrance and exit to the sits to be off of Grandin Road,
however, after refusal by the City's traffic engineer, the entrance and
i~mmm]~ City Plmm~ns ¢~mmminsin.-
April 1, 1987
exit had been shifted to Windsor Avenue. He said that sta~f had
there would be 324 trips per day. Re noted chit
the peais-tra~fic time for the nnreing home would be 3:00 p.m., with i
probably 42~ increase in traffic at that tine. Hr. Herren stated there
were 70 total parking spaces on site, which vas nora then adequate for
the 12S-bed facility.
~r. Hereon advised Chat he and his staff had aec with the people in the
neighborhood and eeuhars of the civic association on · number of
occasions relative Co sics layout. Referring to the sics plan, he
pointed out an eight foot fence and · vegetation buffer surrounding the
parking area. He noted that the dumpster would be encased in brick. He
also presented a plan of the Grandin Road elevation, which depicted the
style as being a Colonial motif in keepinS with the Raleigh Court area.
Mr. Herren urged the Cv~lssion to approve the request so that they
could get a favorable recounendation from the City Council and Board of
Zoning Appeals. Re stated he felt the nursing home facility wes an
appropriate use and was a definite need in the area.
Mr. Frank Peck (Medical Facilities of America) appeared before the
Commission and stated his firm operated 15 nursing facilities. He
described the Certificate of Need process, stating that the State Health
Department did not hand out Certificates indiscriminately and that the
process was very competitive. He stated that the decision on the
Certificate was due in May.
Mr. Peck also stated that Medical Facilities of America (MFA) liked the
Crandin Road location for several reasons. He said that he saw the
nursing facility fitting into the neighborhood and serving the Raleigh
Court area.
Mr. Peck also informed the Commission that the project had been plagued
by misinformation, such as that the project was going to be a home for
the elderly or a home for the homeless. He described the types of
people that would use the facility and stated that anyone who was of
concern or dangerous would not stay at the facility.
Mr. Peck advised the Commission that many of the employees would
probably use the bus as a means of getting to and from work, and thus,
70 parking spaces would be more than adequate.
Mr. Peck also stated that MFA had provided the GRCCL with a letter of
intent relative to certain conditions they would abide by during
construction and use of the facility.
Mr. Lou Ellis, President of the GRCCL, appeared before the Commission
and stated that members of the civic league's board of directors had met
with F&W and MFA to discuss the project. He stated that a telephone
poll of civic league members was taken on March 29 and the majority
agreed not to oppose the project. He read the conditions in the letter
of intent and noted that the league did not oppose the project if the
conditions were met.
Roanoke City Planning Commission
Page 8
April 1, 1987
Mr. Gary Fleming (2128 Windsor Avenue) appeared before the Commission
and stated he was not opposed to the project and was not representing
the civic league. He stated that his concerns boiled down to the fact
that the facility was too large for the two acre site. He noted there
were concerns with traffic, parking and congestion-type problems
associated with the facility. Mr. Fleming stated he had asked his real
estate agent if the construction of this facility would affect his
property value and was told that properties within a one block area
would be affected. He stated he was concerned for his neighbors.
Mr. Pat Ferrance (2200 block of Windsor Avenue) appeared before the
Co~m~ission and stated he was not necessarily opposed to the request. He
discussed the traffic that would become a burden on Windsor Avenue and
stated he felt the residents on Windsor should not bear the entire
burden. He also noted that he had suggested the entrance be on Grandin
Road, but had been told that that would not be considered.
Mr. Roy Spicer (1518 Muse Drive, Vinton) appeared before the Commission
and spoke as a Valley resident, a Vietnam veteran, and executive
director of the Disable American Veterans National Service Operations in
the State of Virginia. He stated that he was interested in the policy
that F&W did not admit veteran patients. He said he felt F&W & MFA had
misled the public by indicating they would not admit veterans. He read
from an article run by the local newspaper. He said that if the nursing
facility received HUD monies, they were not in a position to
discriminate.
Mr. Peck mentioned that the previous comments were indicative of the
misinformation that had been following the project. Mr. Peck advised
that a member of the GRCCL had spoken about admittance of VA patients to
the nursing facility and his response had been that at this time he did
not have an interest in securing a contract with the VA Hospital for the
hospital discharged residents who would be suitable for nursing home
services because there was already a facility, Camelot Hall, which was
directly across from the VA and served the VA patient.
There was other discussion between Mr. Peck and Mr. Spicer relative to
admittance of VA patients and quotes from a local newspaper relative to
MFA's stand on admitting veterans.
Mr. Jerry Trammel (2146 Westover Avenue) appeared before the Commission
and stated he felt the facility would be detrimental to the neighborhood
and that traffic should be kept to the main artery. He said he was
interested in trying to preserve the neighborhood and was concerned
about institutional-type architecture.
Mr. Merrithew gave the staff report on the matter. He noted that staff
had drafted a report that was done prior to the last meeting with the
neighborhood and that report had recommended denial because of several
issues that had not been addressed satisfactorily. He stated that staff
was in favor of the proposed use, one reason being that a nursing
facility was strongly called for in the comprehensive plan. He stated
that the rider on staff support was that it be compatible with the
surrounding neighborhood. He discussed staff's concerns - water supply,
Rnanokm Ctcy Pl.m*,~'~nW Co~tteeton
page 9
April 1, 1987
rraf£te - and noted char the City's racer depart~annc had scared chic
there ~ su~fictane pressure on the Chesterfield Avenue line co supply
d~eoC~ ~re ~1~ ~d chaC the Ci~ traffic e~eer had deCemtn~
cbc va~ eufftcinc park~s. He further ~ded ChaC whether or nor the
fac~cy ~C the Fequ~r~cs of the zon~nf oFd~ee ~uld be addFeosed
~en the 8~ce plan vas sub. coed. He ~ao scared cbc scarf vas pleased
cbc the peC~C~eF hd tom bach ~Ch a ~o~on~a~ style eonsC~cC~.
~. ~tch~ a~tsed the C~tsston ~d ochers present c~c the
felon.s vas for only ]/10 aces ~ char portion ~ld be us~ as a
perkins loC. He said chac the nursing ~aclltCy would be all.ed without
a
Hr. Herrithew stared thac the question of whether the nursinS home was
suitable for the sire and all the other questions about the operation
was under the Jurisdiction of the Board of ZoninS Appeals, and the
Commission could accept no proffered conditions with regard to the sics.
Mr, Herrithew stated that the facility on this Site, located on Grandin
and Windsor, would probably not be acceptable within the Grandtn Road
shopping area. He said that the major concern at the neighborhood
meeting had been the visual impact and the traffic. He said that the
traffic and parktn$ had been addressed to the satisfaction of the City
and the City traffic en$ineer.
Mr. Merrithew advised that based on the newly amended petition submitted
this afternoon, staff was recommending in favor of the request. He then
read the following proffers:
The tract as rezoned will be used only for the purpose of a
parking lot in conjunction with a nursing home facility not to
exceed 120 beds and a total square footage of the nursing home
will not exceed 41,043 square feet in the future.
The said tract for rezoning will be subject to the granting of
a special exception permit by the Board of Zoning Appeals
(BZA) for a nursing home facility. Should a special exception
not be granted by the BZA, or the construction of the facility
not commenced on or before June i, 1989, the zoning
designation of the said tract will return to that of RD,
Residential Duplex District, without further action of the
City Council.
o
Any existing alley right-of-ways adjacent to said tract will
not be used for the purpose of ingress or egress.
Mr. Merrithew stated
petitioner had show~
cooperating with the
that the proffers addressed his concerns and the
good faith in coming back with revised plans and
community.
Mr. Jones stated he had not heard from the adjacent landowners.
Ms. Janet Lemon (2019 Windsor Avenue ) stood in the audience and stated
that the only entrance and exic to the facility would be 35 feet from
her 42 year old home.
Roanoke City Plannin~ Cae--wannish
Pegs 10
April 1, 1987
Hrs. Ou~an (2023 Windsor Avenue) stood in the audience and eCacad chat
the park, inS lot vould adjoin her back.yard. She said her uain objection
vas the:entrance on ~lndsor Avenue. She said chat Ho. Lemon objected Co
the entrance also.
Ms. Jackie Clepiela (2028 Hoidan Lane) stood in the audience and 8Caced
chaC she vas opposed co the change co coumercia! zoning. She coumenced
on the location of the dumpecer next Co her property and the possibility
of having race and ocher undesirable situations nanc co her property.
Hr. Joe Hankin8 (2034 Hoiden Lane) stood in the audience and stated he
wee nsc for or againeC the request. He noted chac the parking loc vas
directly behind hie property and he did nsc vane any runoff into hie
backyard from the site.
Mr. Bradshav explained the City's zero increase in runoff policy Co Hr.
Hankin8.
Ms. Mary Schurnam (2032 Maiden Lane) stood in the audience and stated
she was opposed to the request. She said thac the parking lot would be
adjacent to her backyard.
Mr. Jones asked what the screening and fencing requirements would be.
Mr. Merrichew advised that the screening and buffering next to the
adjacent residential properties was a ten foot wide buffer, six feet
high at planting around the back of the site and down the northeast side
of the site. He added there would also be required landscaping within
the site.
Mr. Bradshaw said he was concerned that the audience was talking about a
different issue. He said there was a vacant tract of land along Grandin
Road at the present time which probably attracted field animals and some
of the neighborhood children. He said that the City could not not
afford to have it as a park and the question became what to put on the
tract of land. He said that the Crandin Road area was ideal
neighborhood commercial area and the Commission did not want any more
comnercial/ retail use to be placed on the tract in question. He also
said that doctors, lawyers or insurance offices were not desirable
either. He noted that the site was also not suitable for apartment
complex development. He said that the question was what was needed on
the vacant tract. He said that it had to be developed into an
acceptable utilization. He noted that the tract was already zoned
primarily for commercial use, which included such things as apartments.
He said that apparently the petitioners had bent over backwards to meet
the concerns in the neighborhoods.
Mr. Bradshaw further stated that the spacing of the nursing facilities
seemed to be a logical progression from Williamson Road, Old Southwest
to Raleigh Court. He said that when he was ready for a nursing home he
did not want to be shipped to the far side of town. He said that issues
such as water runoff, car spaces per bed were being discussed, however,
he felt the main issue was what was wrong with trying to develop the
site for the nursing home use. He asked for comments on that issue.
~o~noke City Pl~-~ng Coe~onion
April I, 1987
uursin~if, a~tlicy patience. She said thac nursing facilities were needed
by n~c ~ ~ck a ~l area, a~ nsc ~n a relZdencZ~ area. She
ChaC tho paring loc did nsc being in chair back yards. She
~uld still get the bulk of the
~. Sandre Hughes (2400 Orandin Road) appeared before the Co*~ission and
said she thought the nursing facllicywould be a welcomm addition to the
neighborhood and would add Co ohm co~,,nity.
Sister Adele DellaValle (2215 Windsor Avenue) appeared before the
to.s-lesion and stated that she £elc people were much more concerned with
the appearance on the outside that with what was going on inside the
facility. She said she did not mind the increased traffic on Windsor
A lady in the audience asked if she could request a delay of the matter.
Hrs. Goode stated that the matter would be going to City Council for
another public hearing and have another opportunity Co comment.
There being no further discussion of the matter, Mr. Waldvogel moved the
request be approved as amended. The motion was seconded by Mr. Sowers
and approved 5-0.
8. Renamin~ of Kimball Avenue/Hollins Road, N.E. Thoroughfare and
~r~.radHOllins Road/Read Road, N.E. Thoroughfare.
shaw stated that the Ordinance and Names Subcommittee had
discus~ the renaming at several subcommittee meetings and it was the
~pbcomm.i~? recommendation that the Kimball Avenue/Hollins Road, N.~.
thor~ughfare~changed to Plantation Road, N.E., from 460 to the City s
north corporate~imit. He said it was also the subcommittee's
recommendation tha~he Hollins Road/Read Road, N.E. thoroughfare be
changed to Hollins Ro~ N.E., giving the thoroughfare a single,
continuous name. ~e the~x~oved the subcommittee s recommendations be
approved. The motion was s~nded by Mr. Sowers and approved 4-0.
9. Renamin~ of Pinevale Road, $.~,
Mr. Bradshaw reported that the subcommi~t~e had reviewed the name change
and since there was only one address on the']k~esent Pinevale Road and
that since the ?roposed change to Hidden Oak Ro~d.~_,S.W., was not a
duplicate, had recor~ended the change in designatio~ He then moved to
approve the name change and forward the recommendation to City Council.
The motion was seccnded by Mr. Sowers and approved 4-0.
LOCA
~,~
--
~e~
/ /
/
/
III ,'
Ill
P.O. 30 2
z4o s
April 1, 1987
Ns. Susan Goode, Chairvoman
Roanoke City Planning Commission
Room 35§, Nunicipa! Building
215 Church Avanua
Roanoke, Virginia 2&011
Re: Proposed 120 bed nursing home on Grandin Road, Southwest
Madam Chairwoman and Members of the Planning Commission:
As the president and spokesman for the Greater Raleigh
Court Civic League, Inc., I wish to address the above referenced
proposal.
Members of our league's Board of Directors met with repre-
sentatives of Fralin and Waldron, Inc. and Medical Facilities of
America, Inc. several weeks ago to discuss the proposed nursing
home project. We had two subsequent meetings with interested
league members and those representatives to further discuss the
project, voice concerns, review renderings and sug&est changes.
As part of that dialogue, Mr. Frank Peck of MFA, Inc. and Messers
Larry Horton and Steve-Claytor of F & W, Inc. agreed verbally to
numerous proposals set forth by the members.
On Sunday, March 29, 1987, we polled our membership by phone
to establish a league position. The majority agreed to not oppose
the project "based upon certain conditions being met acceptable
to the league".
Given the time constraints we faced prior to this meeting,
we endeavored to list those concerns in a broad fashion in the
form of a letter of intent (please see attached) in a manner
agreeable to representatives of both the league and the developer.
On the condition the attached concerns are resolved to the
mutual satisfaction of the parties involved, we would not oppose
the construction of the proposed nursing home in the 1500 and
1600 blocks of Grandin Road, Southwest.
Thank you
Respa 1
Louts E. Ellis
President
Greater Raleigh Court Civic League,
for your consideration in
Inc.
this matter.
1. IF FOR ANY REASON F&W INC. DOES NOT CONSTRUCT THE NURSING HOME, THE SITE
SHALL REVERT BACK TO ORIGINAL ZONING (R-D DESIGNATION).
2. THE TRACT WILL BE REZONED FOR NO LARGER THAN A 120 BED NURSING HOME, AND
TOTAL SQUARE FOOTAGE WILL NOT EXCEED 41,000 IN THE FUTURE.
3- THE EXISTING ALLEY RIGHT-OF-WAYS WILL NOT BE USED FOR ACCESS TO OR
EGRESS FROM THE SITE, (SPECIFICALLY THE ALLEYS TO THE REAR AND MAIDEN
LANE SIDE).
PROBLEMS CONCERNING WATER, TRAFFIC, SCREENING, LANDSCAPING, PARKING,
BUILDING EXTERNAL DESIGN ELEVATION, LIGHTING AND RELATED CONCERNS SHALL
BE RESOLVED TO THE SATISFACTION OF REPRESENTATIVES OF THE GREATER
RALEIGH COURT CIVIC LEAGUE, AS WELL AS PROVISIONS FOR ON-GOING
LANDSCAPING AND GENERAL EXTERIOR MAINTENANCE AND THE ESTABLISHMENT OF A
CITIZENS ADVISORY COMMITTEE.
INDEPENDENT ENGINEERING STUDIES BY PERSONNEL ACCEPTABLE TO BOTH F&W INC.
AND GREATER RALEIGH COURT CIVIC LEAGUE WILL BE OBTAINED AT THE EXPENSE
OF F&W INC. TO ACCESS THE IMPACT OF:
TRAFFIC AND PARKING RELATED TO PROPOSED PROJECT.
WATER PRESSURE, SEWER, AND WATER RUN-OFF IMPACTS RELATED TO PROPOSED
PROJECT WITH REMEDIAL ACTION FOR ALL PROBLEMS TO BE RECOMMENDED AND
RESOLVED TO THE SATISFACTION OF THE GREATER RALEIGH COURT CIVIC
LEAGUE.
6. ALL APPLICABLE CITY CODES.SHALL RE FOLLOWED.
· ' - c [u,elop,,nen~,
April 21, 1987
File #51
Mr. Richard S. Whitney, Jr.
Fralin and Waldron, Inc.
P. 0. Box 20069
Roanoke, Virginia 24018
Dear Air. Whitney:
I am enclosing copy of a report of the City Planning Commission
recommending that the Council of the City of Roanoke grant the
request of Fralin and Waldron, Inc., for ~iedical Facilities of
America LI, a Limited Partnership, requesting that a certain
tract of land containing approximately 3/10 of one acre, being a
portion of Official Tax No. 1440321, and located between Maiden
Lane and Windsor Avenue on the west side of Grandin Road, S. W.,
be rezoned from RD, Duplex Residential District, to C-1, Office
and Institutional District, subject to certain proffered con-
ditions.
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,
May 11, 1987, at 7:30 p.m., in the Council Chamber, fourth floor
of the Municipal Building.
For your information, I ~m 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 quest,ions, yo~t may contact Mr.
William M. Hackworth, Assistant City Attorney, at 981-2431.
Sincerely,
MFP:ra
Enc.
Mary F. Parker,
City Clerk
CMC
P, oom 456 Municipal Building 215 ~ura~ Avenue, S.W. Roanoke, ~rglnla 240~ 1 (703) q8t-254.1
Mr. Richard S. Whitney,
Page 2
April 21, 1987
Jr.
cc:
Mr. Joe G. Lennon, 2019 Windsor Avenue, S. W.,
Virginia 24015
Mr. Clark R. Hale, 2027 Windsor Avenue, S. W.,
Virginia 24015
Ms. Donna L. Laney, 2028 Maiden Lane, S. W.,
Virginia 24015
Ms. Jacqueline Y. Ciepiela, 2028 Maiden Lane,
Roanoke, Virginia 24015
Mr. Joe H. Hankins, 2034 Maiden Lane, S. W.,
Virginia 24015
Roanoke,
Roanoke,
Roanoke,
So Wo,
Roanoke,
Mr. Robert F. Dugan, 2023 Windsor Avenue, S. W., Roanoke,
Virginia 24015
Air. Malcolm M. Rosenberg, P. 0. Box 1078, Roanoke, Virginia
24005
Ms. Kathleen W. Wilson, 2302 Maiden Lane, S. W., Roanoke,
Virginia 24015
Ms. Mary W. Schnurman, c/o Ms. Betty Waldron, P. 0. Box
2482, Roanoke, Virginia 24010
Mr. William C. Williams, 1602 Grandin Road, S. W., Roanoke,
Virginia 24015
Air. and Mrs. Thomas Ko Clark, Jr., 1606 Grandin Road, S. W.,
Roanoke, Virginia 24015
Mr. Vance Hollingsworth, c/o Lunsford Realty, 2305 Colonial
Avenue, S. W., Roanoke, Virginia 24015
Mr. and Mrs. John R. Gohegan, c/o Mr. John R. Gohegan, Jr.,
212 Lindbergh Avenue, Frederick, Maryland 21701
Air. W. Robert Herbert, City Manager
Mr. Earl B. Reynolds, Jr., Assistant City Manager
Mr. Wilburn C. DibIing, Jr., City Attorney
Air. Von W. Moody, III, Director of Real Estate Valuation
Mrs. Susan S. Goode, Chairman, City Planning Corr~ission
Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals
Air. 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, Chief of Community Planning
Als. Martha Po Franklin, Secretary, City Planning Commission
Ms. Doris Layne, Office of Real Estate Valuation
'D NUHBER - 4221.5044
PLIBL iSH[:R' S FEE - $89.68
'87 11 P1
CITY OF ROANUKE
C/O MAKY F PARKER
CITY CLERKS OFFICE
FOOM ~56 iqUNICIPAL ~LDG
RO A!'~ DK E VA 24011
STATE OF VIFG1NIA
~ ITY OF ROANOKE
AFFIDAVIT OF
PUBLICATION
I, (THE UNDERSIGNED) AN OFFICER OF
T IMES-~Ot~LD CCRPORATICd,i, WHICH COR-
PORAl tON IS PUBLISh, ER OF Tf~E ROANOKE
TIMES & WORLD-NE¥~S~ A OA[LY NEWSPAPER
PUBLISHED IN FOAhOKE~ IN THE STATE OF
V IF',GINIA~ DO CERTIFY THAT THE ANNEXED
~OT[CE NAS PUBLISHED IN SAID NEWSPAPEF, S
DN TIlE FOLLON[:4G )ATES
OZ,/ 2z, 187 ,MO RN]
05/0LI8~
~iIINESS~ TtiIS ~+TH DAY CF MAY 1987
OF[ ICEk'S SI(~IATURE
NOTICE OF PUBLIC HEAIIING
TO WHOM IT MAY CONCERN:
Pursuant to the provisions of Article VII of Chapter 36, Code
of the City of Roanoke (1979), as amended, the Council of the
City of Roanoke will hold a Public Hearing on Monday, May 11,
1987, at 7:30 p.m., in the Council Chamber in the Municipal
Building, 215 Church Avenue, S. W., on the question of rezoning
from RD, Duplex Residential District, to C-1, Office and
Institutional District, the following property:
A certain traot of land located in the City con-
taining approximately 3/10 of an acre, located between
Maiden Lane and Windsor Avenue, on the west side of
Grandin Road, and designated on Roanoke City Tax
Appraisal Maps as a portion of Official Tax No. 1440321
beginning at a point at the NE corner of Official Tax
No. 1440306 thence 128' north, thence 115' west, then
115' south, thence 100' east to the point of beginning.
A copy of this proposal is available for public inspection
the Office of the City
parties in interest may
the question.
Clerk, Room 456, Municipal Building. Ail
appear on the above date and be heard on
GIVEN under my hand this 22nd day of April
198_/7.
Mary F. Parker
City Clerk
Please publish in full twice, once on
Friday, April 24, 1987, and once on
Friday, May 1, 1987, in the Roanoke
Times and World News, Morning Edition.
Please send publisher's affidavit to:
Ms. Mary F. Parker, City Clerk
Room 456, Municipal Building
Roanoke, Virginia 24011
Please bill to:
Fralin and Waldron, Inc.
P. O. Box 20069
Roanoke, Virginia 24018
TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA
CITY
PERTAINING TO THE REZONING REQUEST OF: '87 ~6!~ ~')~ ~!i%'
Request from Fralin and Waldron Incorporated that a tract of )
land containing approximately 3/10 of one acre, being a )
portion of official tax no. 1440321, and located between )
Maiden Lane and Windsor Avenue on the west side of Grandin )
Road, S.W., be rezoned from RD, Duplex Residential District )
to C-i, Office and Institutional 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 a Secretary to the Roanoke City 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 23rd day of March, 1987,
notices of a public hearing to be held on the 1st day of April, 1987, on
the rezoning captioned above to the agent or owner of the parcels listed
below at their last known address:
PARCEL
1440306
1440304
1440314
1440313
1440305
1440319
1440320, 321,
322
1440312
1440315
1331601
1331602
1331603
OWNER, AGENT OR OCCUPANT
Joe G. Lennon
Clark H. Hale
Donna L. Laney
Jacqueline Y. Ciepiela
Joe H. Hankins
Robert F. Dugan
Malcolm M. Rosenberg
Kathleen W. Wilson
Mary W. Schnurman
c/o Betty Waldron
William C. Williams
Thomas K. Clark, Jr.
June L. Clark
Vance Hollingsworth
c/o Lunsford Realty
ADDRESS
2019 Windsor Avenue
Roanoke VA 24015
2027 Windsor Avenue
Roanoke VA 24015
2028 Maiden Lane
Roanoke VA 24015
2034 Maiden Lane
Roanoke VA 24015
2023 Windsor Avenue
Roanoke VA 24015
P.O. Box 1078
Roanoke VA 24005
2302 Maiden Lane
Roanoke, VA 24015
P.O. Box 2482
Roanoke, VA 24010
1602 Grandin Road, SW
Roanoke, VA 24015
1606 Grandin Road, SW
Roanoke, VA 24015
2305 Colonial Avenue, SW
Roanoke, VA 24015
1331604
John R. & Mary A. Gohegan
c/o John R. Gohegan, Jr.
212 Lindbergh Avenue
Frederick, MD 21701
Martha Pace Franklin
SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of
Roanoke, Virginia, this 23rd day of March, 1987.
Notary Public
My Commission Expires:
Office of Fne Ory C~e~
March 20, lg87
File #51
Mrs. Susan S. Goode
Chairman
City Planning Corrgnission
Roanoke, Virginia
Dear Mrs. Goode:
Pursuant to Section 36-538 of the Code of the City of Roanoke
(1979), as amended, I am enclosing copy of an amended petition
from Mr. Richard S. Whitney, Jr., representing Fralin and
Waldron, Inc., for Medical Facilities of America LI, a Limited
Partnership, requesting that a certain tract of land lying bet-
ween Maiden Lane and Windsor Avenue, S. W., on the west side of
Grandin Road, S. W., designated as a portion of Official Tax No.
1440321, be rezoned from RD, Duplex Residential District, to
Office and Institutional District, subject to certain proffered
conditions.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:se
Mr. Richard S. Whitney, Jr., Fralin and Waldron, Inc.,
P. O. Box 20069, Roanoke, Vi,ginia 24018
Mrs. Martha Po Franklin, Secretary, City Planning Co~mission
Mr. John E. Merrithew, Agent, City Planning Corr~nission
Mr. Ronald R. Miller, Zoning Administrator
Mr. William M. Rackworth, Assistant City Attorney
I~:~n456 MunicipalBuilding 215(~urchAve~ue, S.W. Roanoke, Vlrglnto24011 (703)981-2541
IN THE COUNCIL OF THE CITY OF ROAI~OKE,R~IA. ~,
IN RE:
Rezoning of a tract of land lying between Maiden Lane
and Windsor Avenue on the West Side d~G~hd~n'~jt~b~f~,'~
from RD, Residential Duplex District, to C-1 Office
and Institutional District. The subject tract is a
a part of an assemblage of lots currently zoned C-1.
This will constitute a conditional rezoning subject to
Fralin and Waldron, Inc. and/or Medical Facilities of
America LI, a Limited Partnership, obtaining a special
exception by the Board of Zoning Appeals.
AMENDED
PETITION
TO
REZONE
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE:
1. The petitioners, Fralin and Waldron, Inc. for Medical Facilities
LI, have a bonafide contract to purchase a certain tract of land located
in the City of Roanoke, Virginia containing approximately 3/10 of
1 acre, located between Maiden Lane and Windsor Avenue on the West
Side of Grandin Road, and designated on Roanoke City Appraisal Maps
as a portion of Official Tax Number 1440321 beginning at a point at
the NE corner of lot 1440306 thence 128' North, then 115' West, thence
115' south, thence 100' east to the point of beginning. The said
tract is currently zoned RD, Residential Duplex District, a map of
which is hereby attached as Exhibit A.
2. Pursuant to Article VIII of Chapter 36, Code of the City of
Roanoke (1979), as amended, the petitioners request that the said
property be rezoned from RD, Residential Duplex District to C-i, Office
and Institutional District, subject to certain conditions set forth
below for the purpose of constructing and operating a nursing home
facility.
3. The petitioners believe that the rezoning of the said tract
of land will further the intent and purposes of the City's Zoning
Ordinance and its' Comprehensive Plan in that it will promote the
health, safety, comfort, prosperity, and general welfare of the public
and will protect and enhance the scale, character, and stability of
existing neighborhoods as well as facilitate the creation of a convenient,
harmonious and attractive community in the City of Roanoke. This
facility will also satisfy the need identified by the Roanoke Vision
Process for "neighborhood multi purpose human service centers" to
provide, among other things, elderly care and other services to the
needs of a specific area, making them an integral part of each community.
4. The petitioners hereby proffer and agree that if the said tract
is zoned as requested, that the zoning will be subject to, and that
the petitioners will abide by, the following conditions:
a. The tract as rezoned will be used only for the purpose of
construction and operation of a nursing home facility.
b. The said tract for rezoning will be subject to the granting
of a Special Exception Permit by the Board of Zoning Appeals (BZA)
for a nursing home facility. Should a Special Exception not be granted
by the BZA, the zoning designation of the said tract will return to
that of RD, Residential Duplex District, without further action of
the City Council.
5. Attached as Exhibit B are the names and address of the owner
or owners of all lots or property immediately adjacent to or immediately
across a street or road from the property to be rezoned.
WHEREFORE, the petitioners request that the above-described tract
be rezoned as requested in accordance with the provisions of the Zoning
Ordinance of the City of Roanoke.
Respectfully submitted,
FRALIN AND WALDRON, INC.
Date
-~.-~//~ ~-~ / ) ,Il
I
,' ~11' ~ I I1~ ~ ~ /I~ ~ /
EXHIBIT B
Joseph Gregory Lennon
2019 Windsor Avenue, SW
Roanoke~ Virginia 24015
Robert F. Dugan
2023 Windsor Avenue, SW
Roanoke Virginia 24015
Clark H. Hale
2022 Windsor Avenue, SW
Roanoke Virginia 24015
Malcolm M. Rosenberg
5322 Hunting Hills Drive,
Roanoke Virginia 24018
SW
Kathleen W. Wilson
2038 Maiden Lane, SW
Roanoke Virginia 24015
Joe H. Haskins
2034 Maiden Lane,
Roanoke Virginia
SW
24015
Donna D. Laney
2028 Maiden Lane,
Roanoke Virginia
SW
24015
Mary W. Schnurman
2022 Maiden Lane, SW
Roanoke, Virginia 24015
Hugh A. Mouke
1501 Grandin Road
Roanoke, Virginia
24015
John R. and Mary H. Gohegan
c/o John R. Gohegan, Jr.
212 Lindbergh Avenue
Frederick, Maryland 21701
Vance Hollingsworth
c/o Lunsford Realty Company
2305 Colonial Avenue, SW
Roanoke, Virginia 24015
Thomas K. Clark, Jr.
1606 Grandin Road, SW
Roanoke, Virginia 24015
William C. Williams
1602 Grandin Road
Roanoke, Virginia 24015
Tax Map # 1440306
Tax Map# 1440305
Tax Map # 1440304
Tax Map# 1440317-323
Tax ~p# 1440312
Tax Map# 1440313
Tax Map# 1440314
Tax Map# 1440315~
Tax Map# 1440316
Tax Map# 1331604
Tax Map# 1331603
Tax Map# 1331602
Tax Map# 1331601
Or, ce cf the City Clerk
March 13, 1987
File #51
Mrs. Susan S. Goode
Chairman
City Planning Commission
Roanoke, Virginia
Dear Mrs. Goode:
Pursuant to Section 36-538 of the Code of the City of Roanoke
(1979), as amended, I am enclosing copy of a petition and list of
property owners from Mr. Richard S, Whitney, Jr., representing
Fralin and Waldron, Inc., requesting that a certain tract of land
lying between Maiden Lane and Windsor Avenue, S. W., on the west
side of Grandin Road, S. W., designated as a portion of Official
Tax No. 1440321, be rezoned from RD, Ouplex Residential District,
to C-1, Office and Institutional District, subject to certain
proffered conditions.
Sincere ly,
Mary F. Parker, CMC
City Clerk
MFP:sw
Eno.
CC:
Mr. Richard S. Whitney, Jr., Fralin and Waldron, Inc.,
P. O. Box 20069, Roanoke, Virginia 24018
Mrs. Martha P. Franklin, Secretary, City Planning Corr~ission
Mr. John Eo Merrithew, Agent, City Planning Commission
Mr. Ronald H. Miller, Zoning Administrator
Mr. William M. Hackworth, Assistant City Attorney
Room 456 Municipal Building 215 C~urch Avenue. S.W. Roanoke. ~rginla 240t t (703) 981-2541
IN RE:
IN THE COUI/CIL OF THE CITY OF ROANOKE, VIRGINIA
CITYCt!Ci:!i$~ii?~C~
Rezoning of a tract of land lying between Maiden Lane )
and Windsor Avenue on tbe,g~es~p~i~e~.ofi2Grandin Roa~, )
from ~M~4-~Single Family M~sidential District, to~-1 )
Office and Institutional District. The subject tract )
is a part of an assemblage of lots currently zoned C-1. )
This will constitute a conditional rezoning subject )
to Fralin and Waldron; Inc. and/or Medical Facilities )
of America LI, a Limited Partnership, obtaining all )
necessary permits and Certificate of Need from The )
Virginia Department of Health within 24 months from )
date of the ordinance rezoning the tract. )
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE:
1. The petitioners, Fralin and Waldron, Inc. for Medical Facilities
LI, have a bonafide contract to purchase a certain tract of land
located in the City of Roanoke, Virginia containing approximately 3/10
of 1 acre, located between Maiden Lane and Windsor Avenue on the West Side
of Grandin Road, and designated on Roanoke City Appraisal Maps as
Official Tax Number 144, a portion of lot 321 beginning at a point at
the NE corner of lot 1440306 thence 128' North, thence 115' West,
thence 115' south, thence 100' eas~to the point of beginning. The
said tract is currently zoned k~Single Family Residential District,
a map of which is hereby attached as Exhibit A.
2. Pursuant to Article VIII of Chapter 36, Code of the City of
Roanoke (1979), as amended, t~e petitioners request that the said
property be rezoned form~--l"~ Single Family Residential District,
to C-l, Office and Institutional District, subject to certain conditions
set forth below for the purpose of constructing and operating a
nursing home facility.
3. The petitioners believe that the rezoning of the said tract of
land will further the intent and purposes of the City's Zoning Ordinance
and its' comprehensive plan in that it will promote the health, safety,
comfort, prosperity and general welfare of the public and will protect
and enhance the scale, character, and stability of existing neighborhoods
as well as facilitate the creation of a convenient, harmonious and
attractive community in the City of Roanoke. This facility will also
satisfy the need identified by the Roanoke Vision Process for "neighborhoo
multi purpose human service centers" to provide, among other things
elderly care and other services to the needs of specific area, making
them an integral part of each community.
4. The petitioners hereby proffer and agree that if the said tract
is zoned as requested, that the zoning will be subject to, and that
the petitioners will abide by, the following conditions:
a. The tract as rezoned will be used only for the purpose of
construction and operation of a nursing home facility.
b. If the Certificate of Need for the nursing home facility is
not received within 24 months of the effective date of the ordinance
rezoning the tract, the zoning designation will return to that of 1~-~].
Single Family Residential District, without further action of City
Council.
5. Attached as Exhibit B are the names and address of the owner
or owners of all lots or property immediately adjacent to or
immediately across a street or road from the property to be rezoned.
WHEREFORE, the petitioners request that the above-described tract
be rezoned as requested in accordance with the provisions of the
Zoning Ordinance of the City of Roanoke.
Respectfully submitted,
Date
Joe G. Lennon
2019 Windsor Avenue
Roanoke, Virginia
Clark H. Hale
2027 Windsor Avenue
Roanoke, Virginia
Donna L. Laney
2028 Maiden Lane
Roanoke, Virginia
Hugh a Moulse
1501 Grandin Road
Roanoke, Virginia
EXHIBIT B
Robert F. Dugan
2023 Windsor Avenue
Roanoke, Virginia
Malcolm M. Rosenberg
5322 Hunting Hills Drive,
Roanoke, Virginia
Rushia Harris
2038 Maiden Lane
Roanoke, V~rginia
Mary W. Schnurman
2022 Maiden Lane
Roanoke, Virginia
SW
,VICIx,
/