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Council Actions 02-09-87
28518 (Gar) REGULAR WEEKLY SESSION ...... ROANOKE cITY COUNCIL February 9, 1987 7:30 p.m. AGENDA FOR THE COUNCIL Call to Order -- Roll Call· AfJ! preset. The invocation will be Delivered Oy The Reverend Joe R. Bryant, Pastor, Riverdale Baptist Church· Pr~eFut. The Pledge of Allegiance to the Flag of the United States of America will be led by Mayor Noel C. Taylor· BIO OPENINGS ~tids for site grading for the Advance Distribution Center and relocation of Blue Hills Golf Club Road. Four bids were referred to a committee composed of M~sr~. Garland, Ch~an, Clark and Kiss. PUBLIC HEARINGS A. Public nearing on the request of Paul C. and Connie C. Flegas that a tract of land containing approximately .27 acres, located between 3029 Yardley Drive, N. W., and the Plaza Ilotel, 4511 Williamson Road, N. W., designated as Official Tax No. 2170424, De rezoned from RS-3, Single-Family Residential District and C-2, General Commercial District, to RG-1, General Residen- tial District, subject to certain proffered conditions. Mr. Gene Wright, Spokesman. Adopted Ord/Jnance No. 28518 (7-0) on first reading. B. Public hearing on the request of Gary E. Dogan and Jo~n Lee Davenport that a certain tract of land located at 908 12th Street, S. E., designated as Official Tax No. 4121701, be rezoned from RD, Duplex Residential District, to C-2, General Commercial District, subject to certain proffered conditions. Mr. Edward A. Natt, Attorney. DENIED, Public hearing on the request of PNCH, a North Carolina general partnership, that a certain tract of land con- taining 1.88 acres, more or less, located at the southeast corner of the intersection of Route 419 and Woodmar Drive, S. W., designated as Official Tax No. 5090207 and a portion of Official Tax No. 5090205, be rezoned from C-1, Office and Institutional District, to C-2, General Commercial District, subject to certain proffered conditions. Mr. Edward A. Natt, Attorney. Public he~ng w~ continued un~il Monday, Harch 9, 1987, at 7:30 p.m. (1) CONSENT AGENDA AP~OVED {7-0). ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DIS- CUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. C-1 C-2 A communication from Mayor Noel C. Taylor requesting an Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, commissions and com- mittees appointed by Council, pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in request for Council to convene in Executive Session to discuss personnel mat- ters relating to vacancies on various authorities, boards, commissions and com- mittees appointed by Council, pursuant to Section 2.1-344 (a) (1), Code Of Virginia (1950), as amended. A communication from Council member James O. Trout requesting an Executive Session to discuss a personnel mac,er, pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in request for Council to convene in Executive Session to discuss a personnel matter, pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950), as amenOed. REGULAR AGENDA Hearing of Citizens Upon Public Matters: a. Request of Gary J. Foutz to address Council jobs and improvement of the City of Roanoke. Defe~ed u~lM~rch 9 agenda, Petitions and Communication$~ wi~ regard A communication from the Roanoke City School Board requesting the appropriation of $54,049.00 for school office equipment, and $51,340.00 for audio-visual equip- ment, representing the third installment from she Schools' snare of the Capital Maintenance and Equipment Replacement Fund. Adopted Ordinance No. 28519 (7-0). (2) b. A communication from the Roanoke City School Board requesting the appropriation of $87,188.00 in federal revenue for t~e Vocational Education Program, and $20,533.00 in federal revenue for the Impact Aid Program. Adopte~ Ordinance No. 28520 (7-0). Reports of Officers: a. City Manager: Briefings: None· Items Recommended for Action: 1. A report with regard to appropriation of CDBG funds for transfer of lots in Gainsboro. Adopted Ordinance No. 28521 (7-0). A report with regard to Change Order No. 1 to the contract for replacement of the Mason Mill Road Bridge over Tinker Creek. Adopted Ordinance No, 28522 (7-0). 3. A report wit~ regard so an agreement between the City and Norfolk Southern Corporation for construction of a storm drain under the siding on Whitmore Avenue, S. E. Deferred until February 17 agenda. A report with regard to developer participation in costs for improvements to the Norwood Sanitary Sewer system to assure capacity for service in the Norwood area· WITHDRAWN. Reports of Committees: None. Unfinished Business: ~one. Introduction and Consideration of Ordinances and Resolutions: None. Ilotions and Miscellaneous Business: Inquiries and/or comments by the Mayor ano members of City Council. Vacancies on various authorities, ooards, commissions and committees appointed by Council, 10. Other Hearings of Citizens: Appointed Gwen Carter to the Roanoke N~ghborhood Pa~ne~hip Stee~ing Committee. Reappointed Jam~s D, Rltch~e Go the Board of D~ectors, League of 01d~ Americar~. (3) C~ce of the City Cled~ February 11, 1987 File #51 Mr. Edward A. Natt Attorney 1919 Electric Road, S. W. Roanoke, Virginia 24018 Dear Mr. Natt: At the regular meeting of the Council of the City of Roanoke on Monday, February 9, 1987, Council held a l~blic hearing on the request of your clients, Gary E. Dogan and John Lee Davenport, that a certain tract of land located at 908 12th Street, S. E., designated as Official Tax No. 4121701, be rezoned from RD, Duplex Residential District, to C-2, General Commercial District, subject to certain proffered conditions~ Pursuant to the following roll call vote of the Council, the request for rezoning was denied: AYES: None ............................................... O. NAYS: Council members Bowers, Bowles, Garland, Harvey, Musser, Trout and Mayor Taylor ..................... 7. Sincerely, Mary F. Parker, CMC City Clerk MFP: s e Room 456 Municipal Building 2t5 (]nu~ch Avenue, S.W. P~ana~e, Virginia 240t I (703) 981-2541 Mr. Edward A. Natt Page 2 February 11, 1987 CC: Mr. and Mrs. Carl E. Vander§rift, 207 South Franklin Street, Christiansbur9, Virginia 24073 Ms. Mary S. Early, 909 13th Street, S. E., Roanoke, Virginia 24013 Mr. Raymond M. Morgan, 3330 Troy Avenue, N. W., Roanoke, Virginia 24012 Ms. Rebecca Diane Brooks, 921 12th Street, S. E., Roanoke, Virginia 24013 Trustees, Belmont Methodist Church, 806 Jamison Avenue, S. E., Roanoke, Virginia 24013 Mr. and Mrs. Frank R. Radford, 3421 Snadblow Lane, S. W., Roanoke, Virginia 24014 Mr. Calvin C. Board, 1141Jamison Avenue, S. E., Roanoke, Virginia 24013 Ms. Viola Holt, 1016 12th Street, S. E., Roanoke, Virginia 24013 Mr. Kenneth C. King, Jr., Attorney, P. O. Box 1784, Roanoke, Virginia 24008-1784 Mr. Leonard A. Gibson, 1650 Queen Ann Drive, S. E., Roanoke, Virginia 24013 Mr. Hillary A. Lantz, Chairman, Southeast Action Forum, 1022 Murray Avenue, S. E., Roanoke, Virginia 24013 Mr. Gordon N. Dixon, Executive Director, Fifth Planning District Commission, P. O. Box 2569, Roanoke, Virginia 24010 Mr. W. Robert Herbert, City Manager Mr. Earl B. Reynolds, Jr., Assistant City Manager Mrs. Susan S. Goode, Chairman, City Planning Commission Mr. John R. Marlles, Chief of Community Planning Mrs. Martha P. Franklin, Secretary, City Planning Commission Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Mr. Kit B. Kiser, Director of Utilities and Operations Mr. Ronald H. Miller, Building Commissioner and Zoning Administrator Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals Mr. Von W. Moody, III, Director of Real Estate Valuation Ms. Doris Layne, Office of Real Estate Valuation Mr. William M. Hackworth, Assistant City Attorney Mr. Wilburn C. Dibling, Jr., City Attorney OFFICE OF THE, CITY ATTORNEY February 9, 1987 The Honorable Mayor of City Council Roanoke, Virginia and Members Re: Dogan/Davenport rezoning on 12th Street, S. E. Dear Mrs. Bowles and Gentlemen: This is in regard to the request of Gary E. Dogan and John Lee Davenport that a tract of land situate at 908 12th Street, S. E., be rezoned from RD, Duplex Residential District, to C-2, General Commercial District. Petitions have been filed with the City Clerk by individuals opposed to the rezoning. This raises the issue of whether there are sufficient signatures in these petitions to in- voke the provisions of §62(5) of the Roanoke City Charter, which provides with reference to amendments to the City's Zoning Map, in pertinent part, as follows: "Such regulations, restrictions, and boundaries may from time to time be amended, supplemented, changed, modified or repealed. In case, however, of a protest against such change signed by the owners of twenty per eentum or more either of the area of the lots included in each proposed change, or of those immediately ad- jacent in the rear thereof, or of those directly opposite thereto, such amendment shall not become effective except by the favorable vote of five- sevenths of all the members of the Couneil." In reviewing the petitions protesting the rezoning and the tax records of the City, it appears that none of the record owners of property immediately adjacent or directly opposite to the pro- perty to be rezoned have signed the petitions. According to tax records these owners are: Carl E. and Lois O. Vandergrift 910 12th Street Off. Tax No. 4121702 Raymond M. Morgan 1145 Highland Avenue Off. Tax No. 4121609 The Honorable Mayor and Members of City Council February 9, 1987 Page 2 Calvin C. Board 1411 Jamison Avenue Off. Tax No. 4120913 Frank R. and Mary Elizabeth Radford 1207 Jamison Avenue Off. Tax Nos. 4121001 1211 Jamison Avenue 4121004 - " " 4121005 " " 4121006 " " 4121007. Since none of the property owners described in §62(5) of the Charter have signed the petitions, then obviously the provisions of that section do not apply, and only a simple majority vote of the members of Council will be necessary for action to be taken on this rezoning. I would be pleased to respond to any questions that the members of Council may have with regard to this matter. WCD:WMH:fcf Sincerely, Wilburn 12, Dibling, .Jr, City Attorney Edward A. Natt, Esquire Kenneth C. King, Jr., Esquire W. Robert Herbert, City Manager Mary F. Parker, City Clerk '87 FF?-9 ~i97i2 February 9, 1987 HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL The undersigned adjacent property owners respectfully object to the rezoning of 908 i2th Street, S.E. from RD, Residential Duplex to C-2, General Commercial District, and ask that you not permit this rezoning. The tax number(s) of our property is shown below our name(s), respectively. Carl E. Vandergrift Tax No. 4121702 Tax No. 4121702 Raymond M. Morgan Tax No. 4121609 Calvin C. Board Ta.~x N~. 4 l~09~B Frank R. Radford Tax No. 4121001 4121004 4121005 4t21006 4121007 Mary E~izab~/th Radford~ [Same Tax No. as Frank R.Radfor~d] t~ECE~V CITY [,,.~. , , Roanoke City Planning Commission February 9, 1987 Honorable Noel C. Taylor, Mayor and Members of the Planning Commission Roanoke, Virginia Dear Members of Council: Subject: Request from Gary E. Dogan and John Lee Davenport, represented by Edward A. Natt, Attorney, that a tract of land situate at 908 12th Street, S.E., designated as Official Tax No. 4121701, be rezoned from RD, Duplex Residential District to C-2, General Commercial District, subject to certain conditions proffered by petitioner. I. Back~round: Purpose of the rezoning is to permit the conversion of an existing dwelling to a commercial video store. Amended petition contains the following proffered condition: "(1) That the use of the property will be limited to a video store." Ce Plannin~ Commission held a public hearing on the matter on October 1, 1986 and by a 4-2 vote (Mrs. Goode and Mr. Bradshaw voting for denial and Mr. Price absent) recommended approval. De City Council, on November 12, 1986, voted unanimously to refer the matter back to the Planning Commission for further study, report and recommendation to Council. Petitioner was requested to meet with the property owners and the Southeast Action Forum, Inc., in order to address concerns. II. Current Situation: Petitioner held a public meeting, as requested by Council (a report of which is attached) and met with 12 citizens. The citizens' main position was that a residential structure should not be used for a video store. However, there was no objection to the construction of a commercial building on the site or its use for businesses other than a video store. No agreement was reached between developer and residents. Room 355 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2344 Planning Commission held a second public hearing on January 7, 1987. By a vote of 4-3 (Messrs. Price and Bradshaw and Mrs. Goode voting for denial) the Commission recommended approval of the rezoning as proffered. Planning staff recommends approval of the petition as proffered. III. Issues: A. Land use. B. Zoning. C. Traffic. D. Neighborhood. E. Comprehensive Plan. IV. Alternatives: A. City Council approve the rezoning request. Land use changes from residential to commercial. Existing residential structure is utilized for the video store. Commercial development along this portion of Bullitt Avenue (i.e., within existing commercial area) is appropriate and would be conducive to establishing a more viable and desirable long-range land use pattern in this neighborhood. Commissioners opposed to the petition agreed that commercial development between 12th and 13th Streets would be appropriate but that it should occur by way of a comprehensive development plan, preferably for the entire area rather than through "piecemeal" rezonings such as that being requested. Citizens are concerned that this rezoning represents an encroachment into the residential neighborhood. Zoning becomes C-2. It is unlikely that improvements will occur under the present RD district. The C-2 district offers greater opportunities to improve development quality. Traffic generated by the proposed use is not a major concern. However, residents voiced concern for the amount of traffic on Bullitt Avenue. Neighborhood would be affected. Existing structure would be upgraded. Citizens have expressed concern about commercial encroachment. Comprehensive Plan would be followed. Certain neighborhood areas, because of their deteriorated condition, changes in development trends, or changes in the level of quality of City services (high traffic volumes) may benefit from a change in land use. It was generally agreed that this area is a candidate for change. B. Council deny the rezoning request. Land use remains residential. Present trend of property deterioration is likely to continue. Desirability of the site as a residence is questionable due to high traffic on Bullitt Avenue and the non-residential character of the area. me Zonin~ remains RD. Potential revitalization of the area under this classification is doubtful because the area is not attractive for new residential construction ~ 3. Traffic is unchanged. 4. Neighborhood is unchanged. Comprehensive Plan is followed. Commercial development is restricted to the north side of Bullitt Avenue and away from the residences. V. Recommendation: By a vote of 4-3 (Messrs. Price and Bradshaw and Mrs. Goode voting for denial), the Planning Commission recommended approval of the rezoning request. Those in favor felt this rezoning would lead to revitalization of this area. Those opposed felt the rezoning was "piecemeal" approach to developing this area of Bullitt Avenue and that protection of the surrounding residences was important. Respectfully submitted, Susan S. Goode, Chairwoman Roanoke City Planning Commission SSG:JEM:mpf attachments cc: Assistant City Attorney Director of Public Works City Engineer Zoning Administrator Attorney for the Petitioner IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: A tract of land situate at ) 908 12th Street, S.E., ) Roanoke, Virginia, known as) Map No. 4121701 ) AMENDED PETITION TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: 1. The Petitioners, Gary E. Dogan and John Lee Davenport, are the contract purchasers of a certain tract of land located in the City of Roanoke, Virginia, located 908 12th Street, S.E.,, and designated on Roanoke City Appraisal Maps as Official Tax No. 4121701; the said tract is currently zoned RD, Residential Duplex. A map/survey of the property to be rezoned is attached as Exhibit A. 2. Pursant to Article VII and Article VIII of Chapter 36, Code of the City of Roanoke (1979), as amended, the Petitioners request that the said property be rezoned from RD, Residential Duplex, to C-2, General Commercial,, for the purpose of the establishment of a video store. 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 the property will be upgraded and the use will be consistent with other property uses in the area. 4. The condition relating 5. Attached addresses of the owner immediately adjacent to Petitioners hereby proffer the following to said zoning: That the use of the property will be limited to a video store. as Exhibit B are the names and or owners of all lots or property 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. Edward A. Natt, Esquire Osterhoudt, Ferguson, Natt, Aheron & Agee, P.C. 1919 Electric Road, S.W. Roanoke, Virginia 24018 GARY E. DOGAN and JOHN LEE DAVENPORT Of Counsel IN RE: IN THE COUNCIL OF THE CITY OF ROANOKEt VIRGINIA A tract of land situate at ) 908 12th Street, S.E., ) Roanoke, Virginia, known as) Map No. 4121701 ) PROFFER OF CONDITIONS TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioners, Gary E. Dogan and John Lee Davenport, hereby proffer the following conditions relating to the rezoning of the above-described tract: (1) That the use of the property will be limited to a video store. Edward A. Natt, Esquire OSTERHOUDT, FERGUSON, NATT, AHERON & AGEE, P.C. 1919 Electric Road, S. W. Roanoke, VA 24018 Respectfully submitted, GARY E. DOGAN and JOHN LEE DAVENPORT BY: Q_ C~- 6l'&~C Of Counsel Mary F. Parker, Clerk City of Roanoke 315 Church Avenue Roanoke, VA 24011 Re: Amended Petition to Rezone Gary E. Dogan and John Lee Davenport Dear Mary: Enclosed please find an Amended Petition for Rezoning on behalf of Gary Dogan and Lee Davenport, together with a Proffer of Conditions therein. I would appreciate your filing these with the papers herein. By copy of this letter, I am providing a copy of both documents to the Roanoke City Planning Department. Should you need anything furuher, please advise. Very truly yours, OSTER_HOUDT, FERGUSON, NATT, AHERON & AGEE, P.C. Edward A. Natt EAN/pc Enclosures CC: John Merrithew City Planner Room 355, Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 Gary E. Dogan Lee Davenport CITY OF ROANOKE INTERDEPARTMENT COMMUNICATION TO: FROM: DATE: SUBJECT: John Merrit~City Planner Jinni Benson~Coordinator December 12, 1986 12th Street Rezoning Members of the Southeast Action Forum met with Ed Natt and John Davenport concerning the 12th Street, S.E. rezoning. Eleven members of the organization were present at the meeting. Hillary Lantz chaired the discussion. Mr. The following issues were discussed: I. Traffic Neighborhood residents stated traffic in this area is already heavy. Mr. Natt felt that a video store would only have 200-250 cars daily over a 12 hour period. 2. Commercial use of area Neighborhood residents were not opposed to rezoning area of 1200 block of Jamison to commercial. Mr. Lantz stated that they have had numerous problems with the properties in the 900 block of 12th Street. Mr. Lantz felt the best use of the block was for a co~ercial development. Use of subject propert~ for a video store exclusively Neighborhood residents were opposed to the use of the existing building as a video store. Reasons cited were: Concern about quality of supervision. - Store could expand business to upstairs. Increased crime Store would attract the wrong type of client. Developer explained: a. Business would be on one floor. John Merrithew December 12, 1986 Page 2 b. Business would be closely supervised. Building would be substantially renovated to include open floor plan and deck entrance. d. Business does not deal with clients under 18. 4. Use of property as video store Neishborhood was not opposed to demolition of building and construction of new building for use as a video store. Conclusions: An agreement has not been reached between developer and neighborhood residents. The main concern was that a residential structure should not be used for a video store. There was n__~_o objection to the use of the existing residential structure for other commercial uses, i.e. florist, shoe repair. Staff Co~mnents: The experience of Williamson Road with X-rated video stores has made the neighborhood residents nervous about video stores in residential buildings. The residents would like to see new business come to the area and are concerned about the poorly maintained residential structures on 12th Street. JB/kds cc: Mr. Ed Natt Mr. Hillary Lantz 14120~1~ ri Ir I)I;IOI)OSI-:I) I IEZ()NIN(} VINTON ROANOKE TIMES ~ NORLD-~IEWS AD NUMBER - 12118190 PUBLISHER'S FEE - $69.92 EDWARD A NATT 1919 ELECTRIC RD SN '87 F£~-~ RLSAN[:KE VA 240[8 STATE OF VIFGINIA .~ ITY OF RCANOKE AFFIDAVIT OF PUBLICATION I, (THE UNDERSIGNED) AN OFFICER OF T IMES-~I]RLD CORPORATION, WHICH COR- PORATION IS PUBLISHER OF THE ROANOKE TIMES & WORLD-NEWS, A DAILY NEWSPAPER :~UBt_ISHED IN ROANOKE, IN THE STATE OF V IRGINIA~ DO CERTIFY THAT THE ANNEXED NOTICE WAS PUBLISHED IN SAID NEWSPAPERS ON THE FOLLOWING DATES 01/23/$7 MORNING 01/30/87 MI: RN It.J G WITNESS, THIS 2ND [1AY OF FEBRUARY 1987 NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant to the provisions of Artiele Vll 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, February 9, 1987, at 7:30 p.m., in the Council Chamber in the Municipal Building, 215 Church Avenue, S. W., in the said city, on the question of rezoning from RD, Duplex Residential Distriot, to C-2, General Commercial District, the following property: A tract of land located at 908 12th Street, S.E., bearing Official Tax No. 4121701. This rezoning is to be subject to certain conditions prof- fered by the petitioner. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Munieipal Building. All parties in interest and citizens may appear on the above date and be heard on the question. GIVEN under my hand this 20th day of Janizary ,]q87 Please publish in full twice, once on Friday, January 23, 1987, and once on Friday, January 30, 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. Edward A. Natt Attorney 1919 Electric Road, Roanoke, Virginia 24018-1699 Office cfi the City Clen~ January 29, 1987 File #51 Mr. Edward A. Natt Attorney 1919 Electric Road, S. W. Roanoke, Virginia 24018 Dear Mr. Natt: I am enclosing copy of a report of the City Planning Commission recommending that the Council of the City of Roanoke grant the request of your clients, Gary E. Dogan and John Lee Davenport, that a certain tract of land located at 908 12th Street, S. E., designated as Official Tax No. 4121701, be rezoned from RD, Duplex Residential District, to C-2, General Commercial District, subject to certain proffered conditions. Pursuant to Resolution No. 25523 adopted by the Council of the City of Roanoke at its meeting on Monday, April 6, 1981, a public hearing on the abovedescribed request has been set for Monday, February 9, 1987, at 7:30 p.m., in the Council Chamber, fourth floor of the Municipal Building. For your information, I am also enclosing copy of a notice of the public hearing and an Ordinance providing for the rezoning, which were prepared by the City Attorney's Office. Please review the Ordinance and if you have any questions, you may contact Mr. William M. Hackworth, Assistant City Attorney, at 981-2431. Sincerely, Mary F. Parker, CMC City Clerk MFP:se ENC. Room 4..56 Municipal B~ildlng 215 C~ura~ A,~'~ue, S.W. P, oano~,, Virginia 24011 (703) 981-2541 Mr. Edward A. Natt Page 2 January 29, 1987 cc: Mr. and Mrs. Carl E. Vandergrift, 207 South Franklin Street Christiansburg, Virginia 24073 ' Ms. Mary S. Early, 909 13th Street, S. E. Roanoke, Virginia 24013 ' Mr. Raymond M. Morgan, 3330 Troy Avenue, N. W Roanoke Virginia 24012 '' ' Ms. Rebecca Diane Brooks, 921 12th Street S. E Roanoke Virginia 24013 ' '' ' Trustees, Belmont Methodist Church, 806 Jamison Avenue, S. E., Roanoke, Virginia 24013 Mr. and Mrs. Frank R. Radford, 5808 Wayburn Drive, S W. Roanoke, Virginia 24019 ' ' Mr. Calvin C. Board, 1141Jamison Avenue, S. E , Roanoke, Virginia 24013 ' Ms. Viola Holt, 1016 12th Street, S. E. Roanoke, Virginia 24013 ' Mr. Kenneth C. King, Jr., Attorney, 708 Dominion Bank Building, 213 S. Jefferson Street, Roanoke, Virginia 24008 Mr. Leonard A. Gibson, 1650 Queen Ann Drive, S. E Roanoke, Virginia 24013 '' Mr. Hillary A. Lantz, Chairman, Southeast Action Forum, 1022 Murray Avenue, S. E., Roanoke, Virginia 24013 Mr. Gordon N. Dixon, Executive Director, Fifth Planning District Commission, p. O. Box 2569, Roanoke, Virginia 24010 Mr. W. Robert Herbert, City Manager Mr. Earl B. Reynolds, Jr., Assistant City Manager Mrs. Susan S. Goode, Chairman, City Planning Commission Mrs. Martha p. Franklin, Secretary, City Planning Commission Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Mr. Kit B. Kiser, Director of Utilities and Operations Mr. Ronald H. Miller, Building Commissioner and Zoning Administrator Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals Mr. Von W. Moody, III, Director of Real Estate Valuation Ms. Doris Layne, Office of Real Estate Valuation Mr. William M. Hackworth, Assistant City Attorney Mr. Wilburn C. Dibling, Jr., City Attorney CITY CL!CAF~ iIF!:iCI! TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE REZONINO OF: '86 D~C 30 Request from Gary E. Dogan and John Lee Davenport, represented) by Edward A. Natt, Attorney, that a tract of land situate at ) 908 12th Street, S.E., designated as Official Tax No. 4121701,)AFFI- be rezoned from RD, Duplex Residential District to C-2, )DAVIT General Co~m~ercial District, 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 315.1-341) Code of Virginia (1950), as amended, on behalf of the Planning Commission of the City of Roanoke she has sent by first-class mail on the 29th day of December, 1986, notices of a public hearing to be held on the 7th day of January, 1987, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: PARCEL OWNER, AGENT OR OCCUPANT ADDRESS 4121702 Carl E. and Lois O. Vandergrift 207 S. Franklin Street Christiansburg, VA 24073 4121712 Mary S. Early 909 13th Street, SE Roanoke, VA 24013 4121609 Raymond M. Morgan 3330 Troy Avenue, NW Roanoke, VA 24012 4121617 Rebecca D. Brooks 921 12th Street, SE Roanoke, VA 24013 4120112 Trustees, Belmont Methodist Church 806 Jamison Avenue, SE Roanoke, VA 24013 4121004 4121005, 4121006 4121007 4121001 Frank R. and Mary E. Radford 5808 Wayburn Drive, NW Roanoke, VA 24019 4120913 Calvin C. Board 1141 Jamison Avenue, SE Roanoke, VA 24019 ~ Ma~tha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 29th day of December, 1986. Notary Public My Commission Expires: RECE!X,'ED CITY CLc~ ,m OFFICE '86 NOV25 AO:42~ · -r, oanoke City Planning Commission November 24, 1986 Dear Adjoining Property Owner: Subject: Request from Gary E. Dogan and John Lee Davenport, represented by Edward A. Natt, Attorney, that a tract of land situate at 908 12th Street, S.E., designated as Official Tax No. 4121701, be rezoned from RD, Duplex Residential District to C-2, General Commercial District, subject to certain conditions proffered by the petitioner. Mr. Natt has requested that the above-referenced matter be continued until the January 7, 1987, meeting of the Roanoke City Planning Commission in order to allow time for a meeting with neighborhood residents. Therefore, no public hearing on the matter will be held during the month of December. If you have questions regarding this matter, please do not hesitate to contact this office. Sincerely, /f cc: Martha P. Franklin, Secretary Roanoke City Planning Commission Mr. Hillary A. Lantz, President, Southeast Action Forum Ms. Jinni Benson, Neighborhood Partnership Coordinator ~-S'~ Mary F. Parker, City Clerk Room 355 Municipal Building 215 Church Avenue, 5W. Roanoke, Virginia 24011 (703) 981-2344 OSTERHOUDT, FERGUSON, NATT, AHEKON 8 AGEE 24018-1699 November 21, 1986 Mr. John E. Merrithew City Planner Roanoke City Planning Commission Room 355 Municipal Building 215 Church Avenue, SW Roanoke, VA 24011 ~IOV P4 1986 Dear John: Thank you for your telephone call of Wednesday, November 19th, in which you advised me of your receipt of a letter from Mr. Lantz indicating that the Southeast Action Forum could not meet until the second week in December. This is because of the difficulty in scheduling such a meet- ing. You advised me that the letter was addressed to me but I have not yet received the same. As we discussed, we are going to continue the mat- ter on the Planning Commission agenda and the City Council agenda until the January meetings. It is my understanding that the Planning Commission meeting will be on January 7th at 1:30 P.M. and that the Council meeting will be on January 12th at 7:30 P.M. Both of these meetings will be in the City Council chambers. It is my further understanding that you are taking care of the advertising for both such meetings. My client is reluctantly agreeing to this continu- ance but we do understand the fact that counsel will not consider the matter until our meeting with the Southeast Action Forum. With best personal regards, I am Very truly yours, OSTERHOUDT, FERGUSON, NATT, AHERON & AGEE, P.C. Edward A. Natt /bp CC: Mr. Gary Dogan 5314 Fallowater Lane Roanoke, VA 24018 Office of the City C]e~ November 12, 1986 File #51 Mrs. Susan S. Goode Chairman City Planning Commission Roanoke, Virginia Dear Mrs. Goode: At a regular meeting of the Council of the City of Roanoke on Monday, November 10, 1986, a public hearing was held on the request of Gary E. Dogan and John Lee Davenport, that a certain tract of land located at 908 12th Street, S. E., designated as Official Tax No. 4121701, be rezoned from RD, Duplex Residential District, to C-2, General Commercial District, subject to certain proffered conditions. On motion, duly seconded and unanimously adopted, the matter was referred back to the City Planning Commission for further study, report and recommendation to Council. The attorney for the petitioners was requested to meet with the property owners and the Southeast Action Forum, Inc., in order to address concerns. Sincerely, · Mary F. Parker, CMC City Clerk MFP:se I~mn456 MunictpalButlding 215Chur~hAvemue,$.W. Roanc~e, Vlrglnla240~l (703)981-254t Mrs. Susan S. Goode Page 2 November 12, 1986 cc: Mr. Edward A. Natt, Attorney, 1919 Electric Road, S. W., Roanoke, Virginia 24018-1699 Mr. Kenneth C. King, Jr., Attorney, 708 Dominion Bank Building, 213 South Jefferson Street, Roanoke Virginia 24008-1784 ' Mrs. Viola Holt, 1016 12th Street, S. E Roanoke, Virginia 24013 '' Mr. and Mrs. Carl E. Vandergrift, 207 South Franklin Street, Christiansburg, Virginia 24073 Ms. Mary S. Early, 909 13th Street, S. E., Roanoke Virginia 24013 ' Mr. Raymond M. Morgan, 3330 Troy Avenue, N. W., Roanoke, Virginia 24012 Ms. Rebecca Diane Brooks, 921 12th Street, S. E., Roanoke, Virginia 24013 Trustees, Belmont Methodist Church, 806 Jamison Avenue, S. E., Roanoke, Virginia 24013 Mr. and Mrs. Frank Radford, 3421Shadblow Lane, S. W., Roanoke, Virginia 24014 Mr. Calvin C. Board, 1141Jamison Avenue, S. E., Roanoke, Virginia 24013 Mr. Gordon N. Dixon, Executive Director, Fifth Planning District Commission, P. O. Box 2569, Roanoke, Virginia 24010 Mr. W. Robert Herbert, City Manager Mr. Earl B. Reynolds, Jr., Assistant City Manager Mrs. Susan S. Goode, Chairman, City Planning Commission Mrs. Martha P. Franklin, Secretary, City Planning Commission Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Mr. Kit B. Kiser, Director of Utilities and Operations Mr. Ronald H. Miller, Building Commissioner and Zoning Administrator Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals Mr. Von W. Moody, III, Director of Real Estate Valuation Ms. Doris Layne, Office of Real Estate Valuation Mr. William M. Hackworth, Assistant City Attorney Mr. Wilburn C. Dibling, Jr., City Attorney To Roanoke City Council: This is to express my support for the re-zoning of the property at 908 12th Street S.E. for commercial use as a video rental store. I am an adjoining property owner and support the proposal because the effect of the traffic in the area has seriously limited the usefulness of property on Highland/Bullitt Avenue for residential use. Much of the property in this area is no longer owner-occupied property and this should also be considered. Sincerely, Owner of the Property at _ _ ~_~_-_ _~.~_ _~_ _ _~_ _ _ ~ To Roanoke City Council: This is to express my support for the re-zoning of the prbperty at 908 12th Street S.E. for commercial use as a video rental store~ I am a property owner and support t~e proposal because the effect'of the traffic in the area has seriously limited the usefulness of property on Highland/Bullitt Avenue for residential use. Much of the property'in this area is no longer owner occupied property and this should slso be considered. {~ Owner of the Property at __c__~z___~ .... ~_~i_~_~ ....... RECEt~,,ED CITY CLERKS OFFICE '86 OC~-7 P2:D9 Roanoke City Planning Commission November 10, 1986 Honorable Noel C. Taylor, Mayor and Members of the Planning Commission Roanoke, Virginia Dear Members of Council: Subject: I. Background: Request from Gary E. Dogan and John Lee Davenport, represented by Edward A. Natt, Attorney, that a tract of land situate at 908 12th Street, S.E., designated as Official Tax No. 4121701, be rezoned from RD, Duplex Residential District to C-2, General Commercial District, subject to certain conditions proffered by petitioner. Purpose of the rezoning is to permit the conversion of an existing dwelling to a commercial video store. Petition was unconditional. Site plan was submitted for informational purposes. II. Current Situation: III. Planning Commission held a public hearing on the matter on October 1. Several residents and an area businessman spoke in opposition to the rezoning. Petitioner verbally proffered to limit the commercial use of the property to a video store. Issues: A. Land use. B. Zoning. C. Traffic. D. Neighborhood. E. Comprehensive Plan. Room 355 Municipal Building 215 Church Avenue, S"~Z RoanoRe, Virginia 24011 (703) 981-2344 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: A tract of land situate at ) 908 12th Street, S.E., ) AMENDED Roanoke, Virginia, known as) PETITION Map No. 4121701 ) TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: 1. The Petitioners, Gary E. Dogan and John Lee Davenport, are the contract purchasers of a certain tract of land located in the City of Roanoke, Virginia, located 908 12th Street, S.E.,, and designated on Roanoke City Appraisal Maps as Official Tax No. 4121701; the said tract is currently zoned RD, Residential Duplex. A map/survey of the property to be rezoned is attached as Exhibit A. 2. Pursant to Article VII and Article VIII of Chapter 36, Code of the City of Roanoke (1979), as amended, the Petitioners request that the said property be rezoned from RD, Residential Duplex, to C-2, General Commercial,, for the purpose of the establishment of a video store. 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 the property will be upgraded and the use will be consistent with other property uses in the area. OCT 6 1~6 & Eco.~o~'~fc Development; 4. The Petitioners hereby proffer the following condition relating to said zoning: (1) That the use of the property will be limited to a video store. 5. Attached as Exhibit B are the names and addresses of the owner or owners of all lots or property immediately adjacent to or immediately across a street or road from the property to be rezoned. WHEREFORE, the 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. Edward A. Natt, Esquire Osterhoudt, Ferguson, Natt, Aheron & Agee, P.C. 1919 Electric Road, S.W. Roanoke, Virginia 24018 GARY E. DOGAN and JOHN LEE DAVENPORT Of Counsel 2 IN THE COUNCIL OF THE CITY OF ROANOKEt VIRGINIA IN RE: A tract of land situate at ) 908 12th Street, S.E., ) Roanoke, Virginia, known as) Map No. 4121701 ) PROFFER OF CONDITIONS TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioners, Gary E. Dogan and John Lee Davenport, hereby proffer the following conditions relating to the rezoning of the above-described tract: (1) That the use of the property will be limited to a video store. Edward A. Natt, Esquire OSTERHOUDT, FERGUSON, NATT, AHERON & AGEE, P.C. 1919 Electric Road, S. W. Roanoke, VA 24018 Respectfully submitted, GARY E. DOGAN and JOHN LEE DAVENPORT LIST OF ADJOINING PROPERTY OWNERS Carl E. and Lois O. Vandergrift 207 S. Franklin Street Christiansburg, VA 24073 Mary S. Early 909 13th Street, SE Roanoke, VA 24013 Raymond M. Morgan 3330 Troy Avenue, N.W. Roanoke, VA 24012 Rebecca Diane Brooks 921 Twelfth Street, SE Roanoke, VA 24013 Trustees, Belmont Methodist Church 806 Jamison Avenue, SE Roanoke, VA 24013 Frank R. and Mary E. Radford 5808 Wayburn Drive, S.W. Roanoke, VA 24019 OI)OSI-'I) I;Z()NIN( .;~ ~ L~/ ROANOKE TIMES & ;,~..L~-N._*S AL' qUMBER -' 2315468 PUBLISHER'S FEE - $65.2z* EDWARD A NATT 1919 ELECTRIC RD SN RECE CiTY CLER~'~ OFF CE '86 NDV -7 ~$ :20 ROANBKE VA 24018 STATE OF VIRGINIA ~ITY OF ROANOKE AFFIDAVIT OF PUBLICATION I, iTHE UNDERSIGNED) AN OFFICER OF T LqES-WORLD CORPORATION, WHICH COR- PORATION IS PUBLISHEP OF THE ROANOKE TIMES & WORLD-NEWS, A DAILY NEWSPAPER PUBLISHED IN ROANOKE, IN THE STATE OF VIRGINIA,~ DO CERTIFY THAT THE ANNEXED NOTICE WAS PUBLISHED IN SAID NEWSPAPERS ON THE FOLLOWING DATES 10724/86 MORNING t0/31/86 MORNING W[TNESS , THI~"~ 1ST DAY OF NOVEMBER 1986 OFFICER'S S I GNA T~RE NOTICE OF PUBLIC BEARING TO ~{OM 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 Bearing on Monday, November 10, 1986, at 7:30 p.m., in the Council Chamber in the Municipal Building, 215 Church Avenue, S. W., in the said city, on the question of rezoning from RD, Duplex Residential District, to C-2, General Commercial District, the following property: A tract of land located at 908 12th Street, S.E., bearing Official Tax No. 4121701. This rezoning is to be subject to certain conditions prof- fered by the petitioner. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. Ail parties in interest and citizens may appear on the above date and be heard on the question. GIVEN under my hand this 22nd day of October , ]qR6 · Please publish in full twice, once on Friday, October 24, 1986, and once on Friday, October 31, 1986, 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. Edward A. Natt Attorney 1919 Electric Road, Roanoke, Virginia So Wo 24018 October 31, 1986 File #51 Mr. Edward A. Natt Attorney 1919 Electric Road, S. W. Roanoke, Virginia 24018 Dear Mr. Natt: I am enclosing copy of a report of the City Planning Commission recommending that the Council of the City of Roanoke grant the request of your clients, Gary E. Dogan and John Lee Davenport, that a certain tract of land located at 908 12th Street, S. E., designated as Official Tax No. 4121701, be rezoned from RD, Duplex Residential District, to C-2, General Commercial District, subject to certain proffered conditions. Pursuant to Resolution No. 25523 adopted by the Council of the City of Roanoke at its meeting on Monday, April 6, 1981, a public hearing on the abovedescribed request has been set for Monday, November 10, 1986, at 7:30 p.m., in the Council Chamber, fourth floor of the Municipal Building. For your information, I am also enclosing copy of a notice of the public hearing and an Ordinance providing for the rezoning, which were prepared by the City Attorney's Office. Please review the Ordinance and if you have any questions, you may contact Mr. William M. Hackworth, Assistant City Attorney, at 981-2431. Mary F. Parker, CMC City Clerk MFP:se Enc. Room456 M~nlcll::~lB~lldlng2150~hAve~e,S.W. Roonoke, Vlrgl~l~24011 (703)981-25~.1 Mr. Edward A. Natt Page 2 October 31, 1986 CC: Mr. and Mrs. Carl E. Vandergrift, 207 South Franklin Street, Christiansburg, Virginia 24073 Ms. Mary S. Early, 909 13th Street, S. E., Roanoke, Virginia 24013 Mr. Raymond M. Morgan, 3330 Troy Avenue, N. W., Roanoke, Virginia 24012 Ms. Rebecca Diane Brooks, 921 12th Street, S. E., Roanoke, Virginia 24013 Trustees, Belmont Methodist Church, 806 Jamison Avenue, S. E., Roanoke, Virginia 24013 Mr. and Mrs. Frank R. Radford, 5808 Wayburn Drive, S. W., Roanoke, Virginia 24019 Mr. Calvin C. Board, 1141Jamison Avenue, S. E., Roanoke, Virginia 24013 Mr. Gordon N. Dixon, Executive Director, Fifth Planning District Cqmmission, P. O. Box 2569, Roanoke, Virginia 24010 Mr. W. Robert Herbert, City Manager Mr. Earl B. Reynolds¥ Jr., Assistant City Manager Mrs. Susan S. Goode, Chairman, City Planning Commission Mrs. Martha P. Franklin, Secretary, City Planning Commission Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Mr. Kit B. Kiser, Director of Utilities and Operations Mr. Ronald H. Miller, Building Commissioner and Zoning Administrator Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals Mr. Von W. Moody, III, Director of Real Estate Valuation Ms. Doris Layne, Office of Real Estate Valuation Mr. William M. Hackworth, Assistant City Attorney Mr. Wilburn C. Dibling, Jr., City Attorney CHARLES H. OSTERHOUDT MICHAEL S.F£~GUSON EDWARD A, NATT LAW OFFICES ©STERHOUD% FERCUSON, NATT, AHERON & AGEE A PROFESSIONAL COR/~ORATION ROANOKE, VIRGINIA 24018 - 1699 October 8, 1986 OF COUNSEL DHILLIP A. SHORT C JOHN RENICK Mary F. Parker, Clerk City of Roanoke 215 Church Avenue Roanoke, VA 24011 Re: Amended Petition to Rezone Gary E. Dogan and John Lee Davenport Dear Mary: Enclosed please find an Amended Petition for Rezoning on behalf of Gary Dogan and Lee Davenport, together with a Proffer of Conditions therein. I would appreciate your filing these with the papers herein. By copy of this letter, I am providing a copy of both documents to the Roanoke City Planning Department. Should you need anything further, please advise. Very truly yours, OSTERHOUDT, FERGUSON, AHERON & AGEE, P.C. Edward A. Natt NATT, EAN/pc Enclosures CC: John Merrithew City Planner Room 355, Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 Gary E. Dogan Lee Davenport RECEIVED TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA C~TY CLERKS OFFICE PERTAINING TO THE REZONING OF: ~6 ,~-P 23 A8:44 Request from Gary E. Dogan and John Lee Davenport, represented by) Edward A. Natt, Attorney, that a tract of land situate at 908 ) 12th Street, S.E., designated as Official Tax No. 4121701, be ) rezoned from RD, Duplex Residential District to C-2, General ) Commercial District. ) COMMONWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) 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 22nd day of September, 1986, notices of a public hearing to be held on the 1st day of October, 1986, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: PARCEL OWNER, AGENT OR OCCUPANT 4121702 Carl E.and Lois O. Vandergrift 4121712 Mary S. Early 4121609 Raymond M. Morgan 4121617 Rebecca D. Brooks 4120112 Trustees, Belmont Methodist Church 4121004 Frank R. and Mary E. Radford 4121005 4121006, 4121007, 4121001 4120913 Calvin C. Board ADDRESS 207 S. Franklin Street Christiansburg, VA 24073 909 13th Street, SE Roanoke, VA 24013 3330 Troy Avenue, NW Roanoke, VA 24012 921 12th Steeet, SE Roanoke, VA 24013 806 Jamison Avenue, SE Roanoke, VA 24013 5808 Wayburn Drive, SW Roanoke, VA 24019 1141 Jamison Avenue, SE Roanoke, VA 24013 Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 22nd day of September, 1986. My Commission Expires: NotarW~ Publi~ · v I was con~afssioned 'Margaret T. Cox NOTICE OF PUBLIC HEARING BEFORE THE ROANOKE CITY PLANNING COMMISSION TO WHOM IT MAY CONCERN: The Roanoke City Planning Commission will hold a public hearing on Wednesday, October 1, 1986, 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 Gary E. Dogan and John Lee Davenport, represented by Edward A. Natt, Attorney, that a tract of land situate at 908 12th Street, S.E., designated as Official Tax No. 4121701, be rezoned from RD, Duplex Residential District to C-2, General Commercial District. 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, September 16, 1986 Please run in the evening edition on Tuesday, September 23, 1986 Please send affidavit of publication to: Office of Community Planning, Room 355, Muncipal Building, Roanoke, VA 24011 Please bill: Mr. Edward A. Natt, Esquire Osterhoudt, Ferguson, Natt, Aheron & Ages, PC 1919 Electric Road, S.W. Roanoke, VA 24018 Office of the City Clen~ September 15, 1986 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. Edward A. Natt, Attorney, representing Gary E. Dogan and John Lee Davenport, requesting that a certain tract of land located at 908 12th Street, S. E., designated as Official Tax No. 4121701, be rezoned from RD, Duplex Residential District, to C-2, General Commercial District. Si ncerely, Mary F. Parker, CMC City Clerk ~lFP:se E~C. cc: Mr. Edward A. Natt, Attorney, 1919 Electric Road, S. Roanoke, Virginia 24018 Mrs. Martha P. Franklin, Secretary, City Planning Commission Mr. Ronald H. Miller, Zoning Administrator Mr. William M. Hackworth, Assistant City Attorney Roo~456 MunlclpalBulldlng 215 Church Avenue, S.W. Roonoke, Vlrginta24011 (703)981-254t IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: A tract of land situate at ) 908 12th Street, S.E., ) Roanoke, Virginia, known as) Map No. 4121701 ) PETITION TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: 1. The Petitioners, Gary E. Dogan and John Lee Davenport, are the contract purchasers of a certain tract of land located in the City of Roanoke, Virginia, located 908 12th Street, S.E.,, and designated on Roanoke City Appraisal Maps as Official Tax No. 4121701; the said tract is currently zoned RD, Residential Duplex. A map/survey of the property to be rezoned is attached as Exhibit A. 2. Pursant to Article VII and Article VIII of Chapter 36, Code of the City of Roanoke (1979), as amended, the Petitioners request that the said property be rezoned from RD, Residential Duplex, to C-2, General Commercial,, for the purpose of the establishment of a video store. 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 the property will be upgraded and the use will be consistent with other property uses in the area. 4. Attached as Exhibit B are the names and addresses of the owner or owners of all lots or property irmnediately 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. Edward A. Natt, Esquire Osterhoudt, Ferguson, Natt, Aheron & Agee, P.C. 1919 Electric Road, S.W. Roanoke, Virginia 24018 GARY E. DOGAN and JOHN LEE DAVENPORT Of Counsel 2 LIST OF ADJOINING PROPERTY OWNERS Carl E. and Lois O. Vandergrift 207 S. Franklin Street Christiansburg, VA 24073 Mary S. Early 909 13th Street, SE Roanoke, VA 24013 Raymond M. Morgan 3330 Troy Avenue, N.W. Roanoke, VA 24012 Rebecca Diane Brooks 921 Twelfth Street, SE Roanoke, VA 24013 Trustees, Belmont Methodist Church 806 Jamison Avenue, SE Roanoke, VA 24013 Frank R. and Mary E. Radford 5808 Wayburn Drive, S.W. Roanoke, VA 24019 Off[ce of ~he Mayor February 9, 1987 Honorable Members of Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: I wish to request an Executive Session on Monday, February 9, 1987, to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees ap- pointed by Council, pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950), as amended. Sincerely, Mayor NCT:js Room 452 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 2401 t (703) 981-2444 Office of the Council February 4, 1987 Honorable Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: This ~s to request an Executive Session on Monday, February 9, 1987, to discuss a personnel matter, pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950), as amended. Sincerely, ~James O, r~ou~ Counci 1 Member JOT:js I~oom 456 Municipal Building 2t5 C~urch Avenue, S.W. Roanoke, Virginia 2401 '~ (703) 981-2541 Office of the City Clerk February 11, 1987 File #60-467 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear ~r. Schlanger: I am attaching copy of Ordinance No. 28519, amending and reor- daining certain sections of the 1986-87 General Fund Appropriation Ordinance, by appropriating $54,049.00 for school office equipment, and $51,340.00 for audio-visual equipment, representing the third installment from the Schools' share of the Capital Maintenance and Equipment Replacement Fund, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, February 9, 1987. Si ncerely, Mary F. Parker, CMC City Clerk MFP:se Enco CC: Mr. Edwin R. Feinour, Chairman, Roanoke City School Board, 3711 Peakwood Drive, S. W., Roanoke, Virginia 24014 Dr. Frank P. Tota, Superintendent of Schools, P. O. Box 13145, Roanoke, Virginia 24031 Mr. Richard L. Kelley, Executive for Business Affairs and Clerk of the Board, P. O. Box 13105, Roanoke, Virginia 24031 Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Room 456 Municipal Building 2t5 C~u~h Avenue, ~.W. P,~anc~e, '~glnia 2401 t (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day February, 1987. No. 28519. AN ORDINANCE to amend and reordain certain sections of the 1986-87 General Fund Appropriation Ordinance, 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 Appropriation Ordinance be, and the same are hereby, amended and reordained, to read as follows, in part: Appropriations Education $51 091 188 Instruction (1) .............................. 29'846'780 Capital Outlay (2-4) .............................. 538,170 Fund Balance Capital Maintenance & Equipment Replacement Program School - Unappropriated (5) $ 100,001 (1) Comp. of Secondary Teachers (2) Furn. and Equipment (3) Furn. and Equipment (4) Furn. and Equipment (5) CMERP Schools A001-060-6002-6015-0113) A001-060-6010-6005-0510) A001-060-6010-6005-0510) A001-060-6010-6060-0510) X001-3324) $(40,565) 40,565 13,484 51,340 (64,824) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk C,TY or .OANO,<". VA. CITY February 9, 1987 TO: FROM: SUBJECT: Honorable Mayor and Members of City Council Joel M. Schlanger School Board Request for Appropriation of Capital Maintenance and Equipment Replacement (CMERP) Funds The School Board was allocated $601,347 as their share of fiscal year 1986 CMERP funds. City Council has appropriated $436,522 of these funds for building modernization, roof renovation and equipment. If this request is approved, the School Board will have a balance of $100,001 of unappropriated CMERP funds. I recommend the attached budget ordinance for your approval. JMS:dp - 0~ Financ~ ~l~I~I Edwin fl. ~inour, (hain"nan U.fllllam L,Uhite, ~., Vice Chairman Donald ~artol oanoh School Board Sollye T. Coleman LaVerne 8. Dillon Oavid K. Usk P.O Box 13105, Roanoke, Virginia 24031 · 70D.981-~81 James M. Turner, Jr. F~ank P. Toro, Supe~n~endent ,Richard L I'lellel/, Clerk of che ~u'd January 28, 1987 The Honorable Noel C. Taylor, Mayor and Members of Roanoke City Council Roanoke, VA 24011 Dear Members of Council: As the result of official School Board action at its meeting, of January 27, 1987, the School Board respectfully requests City Council to appropriate $54,049.00 for school office equipment and $51,340.00 for audio-visual equipment as outlined in the attached listing which represents the third installment from the Schools' share of the Capital Maintenance and Equipment Replacement Fund. Richard L. Kelley Clerk of the Board and Executive for Business Affairs rg Eric o cc: Mr. Edwin R. Feinour Or. Frank P. Tota Mr. William L. Murray, Jr. Mr. Kenneth F. Mundy, Jr. Mr. W. Robert Herbert rrWil Dibling ] Jgel Schlanger Excellence in Education RO&#OKg CZTY SCBOOL BOARD Roanoke, ~trltnia Capital aa~ntenanoo and Bqutpnent Raplaoeesnt Fund, Fieoal Tear 1985-86 3urplus O01-060-hOlO-hOOS-OSlO 001-0b0-6010-~060-0510 School Office Equipment $ 54,049.00 Audio-?isual Equipment $~ 51,3#0.00 Total Appropriation Unit ZJ1 8 105,38q. 00 School Board Portion of the FY8b Surplus Local Hatch $ b#,82q. OO qo, sbS. oo $ 105,389.00 The above appropriation represents the third installment from the lq85-85 surplus to be added to the Capital Haintenanoe and Equipment Replacement Fund. The total fundinK for the Capital Haintenance and Equipment Replacement Fund includin~ the previous requests is 9501,34b. 00 The local match funds are to be transferred from account 001-060-6002-6015-0113, appropriation unit ZB1. an additional $23,000 from Chapter II monies has already been appropriated for the purchase of audio-visual equipment, brin~in~ the total of equipment purchases to $128,38q. January 27, lq87 ROANOKE CITY PUBLIC SCHOOLS AUDIO-VISUAL EQUIPMENT REPLACEMENT CAPITAL MAINTENANCE AND EQUIPMENT REPLACEMENT FUND, FY87 Description Overhead Projectors School Quantity Crystal Spring 5 Fairview 2 Fishburn Park 1 Forest Park 2 Garden City 1 Highland Park 1 Huff Lane 1 Monterey 2 Northwest 4 Preston Park 2 Addison 3 Breckinridge 1 Patrick Henry 5 Cost $ 1,000 4OO 2OO 4OO 2OO 20O 2O0 4OO 8OO 4O0 6O0 20O 1,000 Cassette Players/ Recorders Equipment Carts with Outlets Filmstrip Preview with Sound Crystal Spring 1 100 Forest Park 3 300 Garden City i 100 Highland Park 3 300 Hurt Park 4 400 Lincoln Terrace 4 400 Morningside 6 600 Northwest 4 400 Oakland 3 300 Round Hill 2 200 Westside 3 300 Addison 4 400 Breckinridge 3 300 4, Crystal Spring 5 500 Fairview 4 400 Forest Park 4 400 Garden City 1 100 Huff Lane 1 100 Northwest 5 500 Addison 4 400 Jackson 2 200 Breckinridge I 150 i 150 Audio-Visual Equipment Replacement Silent Filmstrip Projector Fairview Lincoln Terrace I 120 2 240 3 360 Filmstrip Projector with Sound Forest Park 2 640 Highland Park i 320 Huff Lane 2 640 Hurt Park 2 640 Lincoln Terrace 2 640 Northwest 3 960 Wasena 1 320 Wilson 2 640 Video Cassette Recorder Fairview Fallon Park Fishburn Park Forest Park Garden City Grandin Court Huff Lane Hurt Park Monterey Morningside Oakland Preston Park Raleigh Court Round Hill Wasena Westside Addison Breckinridge Jackson Wilson 1 1 1 1 330 1 330 2 660 1 330 1 330 i 330 1 330 1 330 1 330 1 330 I 330 1 330 1 330 1 330 1 330 2 660 1 330 330 330 330 -2- Audio-Visual Equipment Replacement 25" Color TV/ Cable Compatible Fairview Fallon Park Fishburn Park Forest Park Garden City Grandin Court Highland Park Huff Lane Hurt Park Monterey Morningside Northwest Oakland Preston Park Raleigh Court Round Hill Wasena Westside Addison Jackson Wilson Patrick Henry VCR Distribution System Morningside Carousel Slide Projector Fairview Garden City Camcorder Fallon Park Forest Park Grandin Court Highland Park Hurt Park Oakland Preston Park Round Hill Virginia Heights Wasena Addison Jackson Patrick Henry -3- 1 2 2 2 2 1 1 1 3 2 1 1 1 1 1 1 1 2 2 1 2 1 32 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 38O 760 760 760 760 380 380 38O 1,140 760 380 38O 380 38O 38O 38O 38O 760 76O 38O 760 38O 100 260 260 1,500 1,500 1,500 1,500 1,500 1,500 1,500 i,500 1,500 1,500 1,500 1,500 1,500 Audio-Visual Equipment Replacement Printer Fallon 1 500 500 Wall Screens Forest Park Garden City Lincoln Terrace Northwest Addison 5 1 3 11 4 t50 30 90 330 120 Video Laser Disc P1 ayer Monterey 1 500 500 Library Management System Plus Monitor Raleigh Court Madison 1 1 2,000 2,000 Hard Disc for Library Management Fleming 1 1,500 Tripod Screen Round Hill 1 7O Tripod Virginia Heights Jackson Patrick Henry 1 1 1 150 100 100 350 VCR Cart Wasena 1 150 150 Computerized Graphics System Professional Media Center 1 5,340 -4- Audio-Visual Equipment Replacement Maintenance Replacement Stock: 16mm Film Projectors 25" Televisions Wall Screens Listening Stations 4 2 4 10 2,600 760 120 180 TOTAL $74,340 -5- ROANOKE CITY PUBLIC SCHOOLS OFFICE EQUIPMENT CAPITAL MAINTENANCE AND EQUIPMENT REPLACEMENT FUND, FY87 Description School Quantity Cost Electronic Typewriter Addison 1 Forest Park 1 Madison 1 Morningside 1 Northwest 1 Oakland Patrick Henry 3 William Fleming 3 $ 7,981 Calculator Oakland 1 Ruffner 1 Patrick Henry 1 William Fleming 25 (Business Ed. Class) $ 3,892 Stencil Master Maker Duplicator Copier System Equipment ~r Pilot of School-Based Student Management System Fallon Park 1 Forest Park 1 Highland Park Jackson 1 4 Highland Park 1 Jackson 1 Northwest 2 Westside 3 Patrick Henry Patrick Henry Ruff her $ 3,44O $ 5,551 $16,688 $16,497 TOTAL $54,049 Or, ce of the City Clerk February 11, 1987 File #60-467 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 28520, amending and reor- daining certain sections of the 1986-87 General and Grant Funds Appropriations, by appropriating $87,188.00 in federal revenue for the Vocational Education Program, and $20,533.00 in federal revenue for the Impact Aid Program, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, February 9, 1987. Sincerely, Mary F. Parker, CMC City Clerk MFP:se Enc. CC: Mr. Edwin R. Feinour, Chairman, Roanoke City School Board, 3711 Peakwood Drive, S. W., Roanoke, Virginia 24014 Dr. Frank P. Tota, Superintendent of Schools, P. O. Box 13145, Roanoke, Virginia 24031 Mr. Richard L. Kelley, Executive for Business Affairs and Clerk of the Board, P. O. Box 13105, Roanoke, Virginia 24031 Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Room456 A,~ntcipalBuilcllng 215ChurchAvenu~e,S.W. Roanoke, VIrginia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 9th day February, 1987. No. 28520. VIRGINIA, AN ORDINANCE to amend and reordain certain sections of the 1986-87 General and Grant Funds Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the ~!unicipal Government of the City of Roanoke, an emergency is declared to exist. . THEREFORE, BE IT ©RDA!NED by the Council of the City of Roanoke that certain sections of the 1986-87 General and Grant Funds Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: General Fund Appropriations Education $51,137,811 Instruction (1) .................................. 29,97&,533 Revenue Grants-in-Aid Common~ea!th $~&,399,599 Education (2) .................................... 25,g50,251 Grant Fund Appropriations Roanoke Citv School:~ S ~ 511 920 Impact Ai~ 86-87 (~ -~ ''20' -- ........................... ,533 Revenue Roanoke City Schools S 9,511,920 Impact Aid 86-87 (8) ............................. 20,533 (1) Vocational Teachers (2) Vocational Education Revenue ~ (3) Salary (4) Social Security (5) Retirement (6) SGLI (7) Health Insurance (8) Federal Grant Rec. (001-060-6002-6015-0113) $87,188 (001-060-6000-0636) 87,188 (035-060-6928-6065-0105) 18,200 (035-060-6928-6065-0204) 1,000 (035-060-6928-6065-0206) 1,000 (035-060-6928-6065-0208) 100 (035-060-6928-6065-0210) 233 (035-060-6928-1102) 20,533 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. oe~.A.'rM,.N'r o~ F,N^NC~ RECEI'~ i: February 9, 1987 TO: FROM: SUBJECT: Honorable Mayor and Members of City Council Joel M. Schlanger Appropriation of Grants for Scheel Board I have reviewed the attached request for the appropria- tion of grant funds for the School Board. The Vocational Education and Impact Aid grants are funded with 100% federal funds. I recommend that you concur with this request of the School Board. JMS:dp ~1~I Ec~in I~, Feinour, Chairmen UJIIIiom White, Sr., Vice Chairman Don~lcl Bc~col Roanoke Cil:¥ School Board Sallye T. Coleman LaVerne B. Dillon David J,J. I. jsk James M. Turner, ~'. ~'anh P. To~a, Supe~ni~enden~ FIIchard L I{elley, (len~ of the ~ P.O BOX 13105, Roanoke, Virginia g4031 · 70~-981-2.~,1 January 28, 1987 The Honorable Noel C. Taylor, Mayor and Members of Roanoke City Council Roanoke, VA 24011 Dear Members of Council: As the result of official School Board action at its meeting of January 27, 1987, the School Board respectfully requests City Council to appropriate $87,188.00 in federal revenue for the Vocational Education Program to fund vocational education teachers for handicapped and disadvantaged students. The Board further requests that $20,533.00 in federal revenue be appropriated for the Impact Aid Program to provide funds for the continuing employment of a grants technician. Sincerely, Clerk of the Board and Executive for Business Affairs rg cc: Mr. Edwin R. Feinour Dr. Frank P. Tota Mr. William L. Murray, Jr. Mr. Kenneth F. Mundy, Jr. Mr. W. Robert Herbert r. Wil Dibling r. Joel Schlanger (with accounting details) Excellence in Education-, ,..,/ ROANOKE ~XT¥ $CBOOL BO&RD Roanoke, Vir{in~a Vooa~iona! Teaohers O01-OhO-bOOa-h01~-0113 Vocational Teachers 9 87~ 188~ O0 O01-OhO-bOOO-Obgh Vocational Education Revenue 87,188.00 Federal Revenue From the Perkins Act will be used to Fund vocational education teachers in the handicapped and disadvantaged pro,rams. The non-recurrin6 ~rant is ~or the period July 1, 1986 through June 30, 1987. January 27, 1987 ~OiNO~B CITY 3CBOOL BOdRD Roanoke, V~rgXnia IPPROPR~ITION REOUEST Iepao~ i~d 8b-87 095-ObO-~q28-~ObS-0105 035-0b0-~928-60~5-020# 035-ObO-bq28-bOb5-0206 O35-ObO-bq28-~ObS-0208 035-O~O-6928-b065-0210 Appropriation Unit ZgO 035-ObO-bq28-1102 Salary $ 18,200.00 Social Security 1,000.00 Retirement 1,000.00 SGLI 100.00 Health Insurance 235.00 Federal Grant Receipts $ 20,53~.00 $ 20,53~.00 The Impact Aid pro,ram will provide Funds For the continuin~ employment of a ~rants technician nos Funded with 1985-86 Impact Aid £unds. The above Funds have been received From the Department of Education. The pro~rem will end December 31, 1987. January 27, lq87 ,_,fflce of the Cil¥ Clerk February 11, 1987 File #27-178-200 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 28521, authorizing the exe- cution of an agreement with Virginia Mountain Housing, Inc., which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, February 9, 1987. Si ncerely , Mary F. Parker, CMC City Clerk MFP:se E~lc . CC: Mr. John Casper, Executive Director, Virginia Mountain Housing, Inc., 400 Draper Road, Blacksburg, Virginia 24060 Mr. Herbert D. McBride, Executive Director, City of Roanoke Redevelopment and Housing Authority, P. O. Box 6359, Roanoke, Virginia 24017 Mr. Percy T. Keeling, President, Gainsboro Project Area Committee, Inc., 416 Gainsboro Road, N. W., Roanoke, Virginia 24016 Mr. George ii. Robinson Heller, Administrator, Gainsboro Neighborhood Development Corporation, 604 Gainsboro Road, N. W., Roanoke, Virginia 24016 Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Mr. Ronald H. Miller, Building Commissioner Mr. H. Daniel Pollock, Housing Development Coordinator Ms. Marie T. Pontius, Grants Monitoring Administrator Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Room 456 Municipal Building 215 O'~urch/~v~.r~ue, S W, Rcnnoke, '.,'i,'ginia 24011 (703) 981-2541 Mr. W. Robert H~bert Page 2 February 11, 1987 cc: Ms. Deborah J. Moses, Chief, B~ngs and Collectio~ *Added to carbon copies on November 16, 1987. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, ¥ The 9tl~ day February, 1987. No. 28521. AN ORDINANCE authorizing the execution of an agreement with Virginia Mountain Housing, Inc.; and providing for an emergency. BE IT ORDAINED by 1. The City Manager and authorized and the City Clerk execute and to seal and attest the Council of the City of Roanoke that: the Assistant City Manager are is directed, respectively, to an agreement between the City of Roanoke and Virginia Mountain Housing, Inc., whereby the City agrees to grant $3,600 to the said corporation for the purchase of two parcels in the City, the first bearing Official Tax No. 2021766, and the second bearing Official Tax Nos. 2021767 and 2021768; such agreement to be subject to all applicable Comn~nity Development Block Grant regulations and the conditions set out in the City Manager's report of February 9, 1987, and to be approved as to form by the City Attorney. 2. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. (,l .: .~. ~ Roanoke, Virginia C;TY ' ~: ' ...... ~': February 9, 1987 Honorable Mayor and Members of Council Roanoke, Virginia Dear Members of Council: Subject: Appropriation of CDBG Funds for Transfer of Lots in Gainsboro I. BACKGROUND: Ae Roanoke Redevelopment and Housing Authority (RRHA) has acquired property in Gainsboro Redevelopment/Conservation Area over the years to be sold for new development. Acquisition of this property was by CDBG funds. State law states that the RRHA may make this property available for development at "fair value, which represents the value.., at which the authority determines such land should be made available in order that it may be developed, conserved or redeveloped... Property has been sold by the RRHA in the past for $1 or other nominal amounts, determined to be "fair value." C. Proceeds of the sale of such property is program income to the CDBG program. As such, the RRHA will return these funds to the City. II. CURRENT SITUATION: IlL Plans for relocation of houses from Shadeland Avenue to Gainsboro were developed cooperatively by staff of Virginia Mountain Housing, Inc. and the City, in consultation with staff of the RRHA and other agencies. These plans were based in part on availability of lots from RRHA at no cost. Any cost of the lots would result in higher cost to home-buyers and jeopardize the success of the project. RRHA has determined that "fair value" in the case of the first two lots in Gainsboro (Tax #2021766 and 2021767[2021768 combined, at the corner of Harrison Avenue and Third Street N.W.) for the house- moving project would be the appraisal value of $1800 each. "Fair value" of five to nine additional lots needed for the project has not yet been determined. De Arrangements need to be made to offset the cost of the lots without increasing the cost of the overall project or of individual houses to be moved and rehabilitated. ISSUES: A. Effect on relocation project B. Cost to the City C. CDBG regulations Page 2 February 9, 1987 IV. ALTERNATIVES: Authorize the City Manager to execute an agreement providing for the grant of $3600 of CDBG funds to Virginia Mountain Housing, Inc. for the express purpose of buying the first two lots from the RRHA for the relocation of houses from Shadeland Avenue. This grant would be made from funds currently available in CDBG Account # 035-086-8605-5063, and will be made subject to all applicable CDBG regulations. Effect on relocation project would be such that feasibility would be enhanced. Average actual cost for each house could be maintained at approximately $27,500, within 10% of the expected appraised value of $30,000. Cost to the City would be nothing. The $3600 proceeds of the sale of the lots to Virginia Mountain Housing will be returned to the City by the RRHA as program income to be appropriated at that time. CI3BG regulations will be satisfied by the sale of the homes to low and moderate income families. Any other applicable CDBG regulations will be monitored by the Office of Grants Compliance. B. Do not authorize the grant of $3,600 to Virginia Mountain Housing, Inc. to buy lots from the RRHA. 1. Effect on relocation project would be negative. a) If project progresses, direct cost would increase to approximately $29,000 per house, requiring either 1) that houses be sold for $31,500, which is above projected appraised value, jeopardizing loan approval, or 2) that buyers have approximately $2200 cash, instead of $700 as planned. This will significantly reduce the potential market of low-income buyers for the houses. b) If Virginia Mountain Housing determines this increases risks to an unacceptable level, project may be abandoned. Cost to the City would be nothing directly in CDBG funds. However, if project is abandoned, demolition costs to clear Shadeland Avenue would be increased, and property tax base would not be increased by moving and renovating houses. 3. CDBG regulations would not be an issue. Page 3 February 9, 1987 V. RECOMMENDATION: Adopt Alternative A, thereby authorizing the City Manager to execute an agreement providing for the grant of $3,600 from CDBG Account 035-086-8605-5063, Gainsboro Vacant Lot Homesteading, to Virginia Mountain Housing, Inc. to buy the first two lots from the RRHA for the relocation of houses from Shadeland Avenue. (Request for a similar funding arrangement for additional lots in Gainsboro for the Shadeland Relocation Project will be made to City Council when the "fair value" and sales price of those lots are determined.) Respectfully submitted, W. Robert Herbert City Manager CC: City Attorney Director of Finance Director of Public Works Building Commissioner Housing Development Coordinator Grants Monitoring Administrator Executive Director, RRHA Executive Director, Virginia Mountain Housing Inc. Director, Gainsboro PAC ()ff~ce of the City Clerk February 11, 1987 File #102 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 28522, approving your issuance of Change Order No. 1 to the City's contract with Allegheny Construction Company, Inc., for the replacement of Mason Mill Bridge over TinKer Creek, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, February 9, 1987. Sincerely, Mary F. Parker, CMC City Clerk MFP:se Ellc. cc: Allegheny Construction Company, Inc., 2920 Nicholas N. E., Roanoke, Virginia 24012 Mr. H. O. Harrison, Hayes, Seay, Mattern and Mattern, Box 13446, Roanoke, Virginia 24034 Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Hr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Mr. Robert K. Bengtson, Traffic Engineer Mrs. Sarah E. Fitton, Construction Cost Technician Avenue, P. O. I~::~-n456 MuniclpalBuilding 215C~urchAve~ue, S.W. Roa~oke,~4rginia24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 9th day February, 1987. No. 28522. VIRGINIA, AN ORDINANCE approving the City Manager's issuance of Change Order No. i to the City's contraet with Alleghany Construetion Company, Inc., for the replacement of Mason Mill Bridge over Tinker Creek; and providing for an emergeney. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager or Assistant City Manager is authorized and empowered to issue, for and on behalf of the City, upon form approved by the City Attorney, Change Order No. i to the City's contract with Alleghany Construetion 11, 1986, related to the replacement Tinker Creek. 2. Such Change Order shall provide changes in the work to be performed: Company, Inc., dated August of Mason Mill Bridge over for the following Additional 91.8 cubic yards of eonerete at $320.00 per eubic yard Additional days resulting fr~n Change Order No. 1 $ 486,653.00 $ 486,653.00 + $ 29,376.00 1 $ 516,029.00 None. 3. In order to provide for the usua! daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. CITY '87 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Change Order No. 1 Replacement of Mason Mill Bridge over Tinker Creek Roanoke, Virginia February 9, 1987 I. Background on this subject is: Allegheny Construction Compan¥~ Inc. submitted a base bid in the amount of $486~653.00 for Replacement of Mason Mill Road Bridge over Tinker Creek, which was accepted by City Council in Ordinance No. 28304 at a regular meeting held on August 11, 1986. B. Project includes: 1. Contract amount of $486,653.00. 2. Time limit of 180 consecutive calendar days. Flood of November 4, 1985, demolished the former Mason Mill Road Bridge, N.E., over Tinker Creek. The 53-year-old, one- lane, steel truss bridge only had a 4-ton weight capacity. New bridge will provide two travel lanes on an improved alignment (total of 30 feet in width), sidewalk on one side, and timber guardrail. The length of this new four span bridge will be 202 feet (former bridge was 131 feet) and there will be no weight restriction for vehicles crossing the bridge. II. Current situation of the subject is: Excavations made by contractor to pour concrete footings (bridge foundation) for 3 piers and 2 abutments found several mud seams as well as some uneven rock. This required addi- tional excavation which in turn requires additional concrete for the footings. It was previously estimated that 223.3 cubic yards of concrete would be needed for these footings. This project now requires an additional 91.8 cubic yards for the footings at a cost of $320.00 per cubic yard, amounting to $29~376.00. Concrete for footings can often be a dif- ficult quantity to estimate for new bridges built over waterways due to inconsistent underground conditions common in our rgeion. Page 2 B. Funding in the amount of $29~376.00 is available from the $40~000.00 project contingency fund. Contract would increase to $516~029.00 by virtue of Change Order No. 1 in the amount of $29~376.00. The same unit pri- ces used in the original low bid would also be used in this change order. No additional time is being added for this change order. Project funding is eligible for State and Federal reimburse- ment, inasmuch as this bridge is being replaced due to the flood. The work involved in Change Order No. 1 is also eli- gible for reimbursement. III. Issues in order of importance are: Necessity and justification of additional work. B. Funding availability. C. Timing requirements. IV. Alternatives in order of recommendation are: A. Authorize the City Manager to execute Change Order No. 1 in the amount of $29~376.00. Necessity and justification of additional work exists. Proper construction of the bridge footings is essential to the safety and life of the new bridge. 2. Funding availability is from the project contingency (Account No. 008-052-9539-9001). 3. Timing requirements would be acceptable. B. Do not authorize the City Manager to execute Change Order No. 1 in the amount of $29,376.00. Necessity and justification of additional work would continue to exist. Bridge safety and life would be compromised. Bridge repairs would likely be needed in the near future. 2. Funding availabilty would be saved for other future bridge projects. 3. Timing requirements would not be an issue. Page 3 WRH/RKB/mm cc: Ve Recommendation is that City Council approve Alternative "A" and authorize the City Manager to execute Change Order No. 1 in the amount of $29~376.00. Respectfully submitted, W. Robert Herbert City Manager City Attorney Director of Finance Director of Public Works City Engineer Construction Cost Technician ARCHITECTS * ENGINEERS * PLANNERS H. Boyd Dickenson Byrd H Barksdale, Jn John R. Hildebrand Eric T, Naschold, Jr. Fletcher F. Bush J. Oliver Stein James M. Stbckland, Jr, John P. Bradshaw, Jr. Cecil G, Doyle T, Howard Noel Joseph D, Cronin HSMM 1315 Franklin Road, S.W. P. O. Box 13446 Roanoke, Virginia 24034 Phone: (703) 34.3-6971 TWX: 7106700459 2 February 1987 Mr. Charles M. Huffine City Engineer Municipal Building, Room 350 215 West Church Avenue SW Roanoke, Virginia 24011 Attention: Mr. R. K. Bengtson Re: Mason Mill Road over Tinker Creek City of Roanoke A&E Commission No. 2840 Gentlemen: This letter is a summary of the foundation conditions encountered on the Mason Mill Road Bridge over Tinker Creek: The 3 pier and two abutment footings are founded at approximate plan elevations. Mud seams between the near vertical standing bedding of limestone and uneven rock surfaces were encountered. Pier footings are required to be socketed into rock to prevent scour. We inspected each excavation and after discussing the excavation with the City's construc- tion inspector, recommended additional excavation and concrete to found the piers and abutments on sound material. There is one remaining footing to be placed that is for the retaining wall at the west abutment. As in the other footings, some revisions may be required because of the mud seams and irregular rock surfaces. Nine test borings were made prior to the design of the bridge and were used to establish the footing elevations and allowable pressures. It has been our experience that limestone that is dipping in bedding plans will have mud seams and be uneven at the bedrock level. We believe that this additional concrete and excavation is normal and necessary to have the piers and abutments for this bridge founded on material within the design loads and safe against scour in a location where stream velocities are very high at the flood stage. Please let me know if you need any additional information. Very truly yours, H. O. Harrison HOH/dbm Roanoke, VA Greensboro, NC Rockville, MD Virginia Beach, VA Mobile, AL Charleston, SC Guayaquil, Ecuador February 5, 1987 The Honorable Noel C. Taylor, Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Members of Council: Subject: Agreement between Norfolk-Southern and the City of Roanoke for the Construction of a Storm Drain under Whitmore Avenue, S. E. This is to request that the above-referenced matter, which is listed under the City Manager's section of your agenda, be held over until your regular meeting scheduled for February 17, 1987. Your concurrence with this request will be greatly appre- ciated. WRH:EBRJr:mp cc: bc: Respectfully submitted, W. Robert Herbert City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlamger, Director of Finance Mr. William F. Clark, Director of Public Works Ms. Mary F. Parker, City Clerk 215 Churah Avenue 5 W Roanot~e Vir(jlnio 24011 Honorable Mayor and City Council Roanoke, Virginia CITY '87 FI:~-5 ~?'i~ Roanoke, Virginia February 9, 1987 Dear Members of Council: Subject: Developer Participation in Costs for Improvements to the Norwood Sanitary Sewer System to Assure Capacity for Service in the Norwood Area. I. Background: A. Three (3) firms have requested sewer availability from the City of Roanoke for their individual developments: 1. Atlantic States Development Co., 504 23rd Street, N.W. Roanoke, Virginia. 2. Valley Developers Inc., 7106 Woods Crossing Drive, S.W., Roanoke, Virginia. 3. The Park-Oak Grove, L.P., P. O. Box 90, Roanoke, Virginia. Flow monitoring and field surveys have established that a 2000 foot section of sewer llne downstream from the proposed developments does not have sufficient capacity to accommodate the additional flow demands generated by the proposed deve- lopments and any other development that may occur in the near future. Further analysis and calculations have confirmed that the existing 2000 foot section of eight (8) inch sewer line will have to be replaced with a minimum twelve (12) inch line to properly convey the additional sewage demands of these three (3) developments and future development that may occur within this service area. The critical section of sewer involved extends from the back of Lot No. 30 of the Westchester Subdivision off of Westchester Avenue, runs along portions of Westchester and Norwood Street, and terminates on Norwood Street in front of Lot No. 19 for a total distance of approximately 2000 feet. Under the provisions of the Virginia Local Planning Legislation, Title 15.1, Chapter 11, Code of Virginia, 1950 (as amended), Section 15.1-466, Paragraph (J) and Section 26-8, Code of the City of Roanoke, 1979, as amended, these three developers are being asked to participate in the cost of design and construction of the improvements necessary to bring the above section of sewer line to adequate capacity in accordance with the agreement attached as part of this report. Page 2 II. III. Issues: Compliance with the policies of the City of Roanoke in issuing proper and adequate sewer availability to on-going development within this service area. B. Amount of burden in funds to be carried by each participating party in the attached agreement. C. Fundin~ for construction. Alternatives: A. Authorize the execution and implementation of the attached agreement between the City of Roanoke and the three (3) par- ties concerned in a form acceptable to the City Attorney. Compliance with the City of Roanoke's policy of providing proper and adequate sewer availability to on- going development would be met. Amount of burden in funds to each participating party as defined in Exhibit A of the attached agreement is fair and reasonable in accordance with Paragraph (J), Section 15.1-466, Local Planning Legislation, Code of Virginia, 1950 (as amended). 3. Fundin~ will be identified in the bid recommendation report. B. Reject authorization to execute and implement the attached agreement. Complaince with the City of Roanoke's policy of pro- viding sewage availability could be met only by refusing to issue availability or by absorbing the full cost of improvements necessary to bring the lines to capacity. Amount of pro rata share in funds to the participating parties would be an issue only to the City of Roanoke if improvements are made to the Norwood Sewer Line at this time without the agreement. Fundin~ would not be an issue with the other three (3) parties but would still remain an issue to the City of Roanoke if the improvements are made. Page 3 TV. Recommendation is that City Council authorize the execution and implementation of the attached agreement in a form acceptable to the City Attorney. Respectfully submitted, W. Robert Herbert City Manager w~/Es/mm cc: City Attorney Director of Finance Director of Public Works Director of Utilities & Operations City Engineer Citizen's Request for Service Construction Cost Technician