HomeMy WebLinkAboutCouncil Actions 03-18-91REGULAR
Musser
(30437)
WEEKLY SESSION ...... ROANOKE CITY COUNCIL
~arch 18, 1991
2:00 p.m.
AGENDA FOR THE COUNCIL
Call to Order -- Roll Call. All Present.
The invocation will be delivered by The Reverend William L.
Lee, Pastor, Loudon Avenue Christian Church.
Present.
The Pledge of Allegiance
of America will be led by ~ayor
of
to the Flag of the United States
Noel C. Taylor.
Presentation by the Mayor and Members of Council.
Mrs. Florine Thornhill was designated as the 1990 Citizen
the Year.
C-1
BID OPENINGS
Bids for improvements to Peters Creek Channel from
1900 Meadowbrook Road to Peachtree Drive.
Eight bids were referred to a committee composed of
Messrs. White, Chairman, Clark and Kiser for tabula-
tion, report and recommendation to Council.
CONSENT AGENDA (Approved 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.
Minutes of the regular meetings of Council held on Monday,
January 7, 1991; Monday, January 14, 1991; Tuesday, January 22,
1991; and Monday, January 28, 1991.
RECO~ENDED ACTION: Dispense with the reading thereof and
approve as recorded.
(1)
C-2
C-3
A report of the City ~anager requesting an Executive
Session to discuss specific legal matters requiring the provi-
sion of legal advice by counsel, being the terms and conditions
of a proposed Landfill Facility Agreement, pursuant to Section
2.1-344 (A) (7), Code of Virginia (1950), as amended.
RECOM~4ENDED ACTION:
Concur in request for Council to convene in
Executive Session to discuss specific legal
matters requiring the provision of legal
advice by counsel, being the terms and con-
ditions of a proposed Landfill Facility
Agreement, pursuant to Section 2.1-344 (A)
(7), Code of Virginia (1950), as amended.
Qualification of Ns. Viola N. Campbell as a member of the
Roanoke Neighborhood Partnership Steering Committee to fill the
unexpired term of Ns. Doris A. Alexander, ending November 13,
1991.
RECOM~IENDED ACTION: Receive and file.
A request of Mayor Noel C. Taylor for an Executive Session
to discuss personnel matters relating to vacancies on various
authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.1-344 (A) (1), Code of Virginia
(1950), as amended. Concurred in request.
REGULAR AGENDA
3. Hearing of Citizens Upon Public Matters:
4. Petitions and Communications: None.
5. Reports of Officers:
None.
a. City Manager:
Briefings: None.
Items Recommended for Action:
A report recommending execution of Amendment No. 4 to
the Short Term Community Development Block Grant Float
Loan Agreement between the City, Downtown Associates
and Dominion Bank, N.A., in order to provide for
extension of the term of the loan.
Adopted Ordinance No. 30437-31891. ($-0, Mayor Taylor
and Mr. Fitzpatrick abstained from voting.)
A report recommending execution of a Real Estate Option
Amendment and approval of a Community Development Block
Grant loan under the Home Purchase Assistance Program.
Adopted Ordinance No. 30438-31891. (7-0)
(2)
A report recommending establishment of a Transportation
Enterprise Fund for fiscal year 1991-92, advertisement
for management services for two new parking structures,
and establishment of parking rate schedules effective
July 1, 1991. '
Adopted Ordinance No. 30439-31881. (7-0)
A report recommending execution of a contract with
Hayes, Seay, Mattern & Mattern, Inc., for Phase I of
Utility Relocation Design for the Roanoke River Flood
Reduction Project, in the amount of $58,200.00.
Adopted Resolution No. 30440-31891. (7-0)
6. Reports of Committees:
A report of the committee appointed to tabulate bids
received for repairs to Old Mountain Road Bridge,
recommending award of a contract to Lanford Brothers
Company, Inc., in the amount of $112,047.00; and transfer
of funds therefor. Council Member William White, Sr.
Chairman. ,
Adopted Ordinance No. 30441-31891 and Ordinance No.
30442-31891. (7-0)
Unfinished Business: None.
Introduction and Consideration of Ordinances and Resolutions:
a. Ordinance No. 30430, on second reading, permanently
vacating, discontinuing and closing all of ~eller Lane,
S. E. (formerly known as Lake Street), all of Park Road
lying east of Jefferson Street, and a portion of Belleview
Avenue, between Jefferson Street and Hamilton Terrace.
Adopted Ordinance No. 30430-31891. (7-0)
b. Ordinance No. 30431, on second reading, rezoning two
tracts of land lying south of Weller Lane, S. E. (formerly
known as Lake Street) and Park Road and south of the
centerline of the old Mill Mountain Tramway, consisting
of Official Tax Nos. 4060504, 4060301 and a portion of
4060502, and all streets lying within said tracts, from
RS-3, Residential Single Family District, to C-1, Office
District, subject to certain conditions proffered by the
petitioner.
Adopted Ordinance No. 30431-31891. (7-0)
Ordinance No. 30432, on second reading, rezoning property
located at 1629 Hanover Avenue, N. W., identified as
(3)
10.
Official Tax No. 2220208, from RM-1,
Family, Low Density District, to RM-2,
Family, Medium Density District, subject
conditions proffered by the petitioner.
Adopted Ordinance No. 30432-31891. (7-0)
Motions and Miscellaneous Business:
Residential Multi-
Residential Multi-
to certain
Inquiries and/or comments by the Mayor and Members of City
Council.
Vacancies on various authorities,
committees appointed by Council.
Other Hearings of Citizens:
boards, commissions and
Certification of Executive Session. (?-0)
Elected Carolyn M. Johnson to the Roanoke
Housing Authority.
Redevelopment and
Reelected G. David Nixon to the Fair Housing Board.
(4)
MINUTES CONSIDERED AT THIS COUNCIL MEETING
MAY BE REVIEWED ON LINE IN THE "OFFICIAL MINUTES" FOLDER,
OR AT THE CITY CLERK'S OFFICE
Roanoke, Virginia
March 18, 1991
Honorable Mayor and City Council
Roanoke, Virginia
Dear Members of Council:
I request an Executive Session to discuss specific legal matters
requiring the provision of legal advice by counsel, being the terms and
conditions of proposed Landfill Facility Agreement, pursuant to Section
2.1-344(A)(7) of the Code of Virginia (1950), as amended.
Respectfully submitted,
W. Robert Herbert
City Manager
WRH:afm
cc: City Attorney
Director of Finance
Director of Utilities & Operations
Director of Public Works
MARY F, PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S W, Room 456
Roanoke, V~rgmia 24011
Telephone: {703) 981-2541
~arch 20, 1991
SANDRA H. EAKIN
Deputy C~¢y Clerk
File #15-488
Ms. Barbara N. Duerk, Chairperson
Roanoke Neighborhood Partnership
Steering Committee
2607 Rosalind Avenue, S. W.
Roanoke, Virginia 24014
Dear Ns. Duerk:
This is to advise you that Ms. Viola IV. Campbell has qualified as
a member of the Roanoke Neighborhood Partnership Steering
Corr~nittee to fill the unexpired term of Ms. Doris A. Alexander,
ending November 13. 1991.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP : ra
COMMONWEALTH OF VIRGINIA )
) To-wit:
CITY OF ROANOKE )
I, ~ary F. Parker, City Clerk, and as such City Clerk of the
Council of the City of Roanoke and keeper of the records thereof,
do hereby certify that at a regular meeting of Council held on
the twenty-fifth day of February, 1991, VIOLA N. CAMPBELL was
elected as a member of the Roanoke Neighborhood Partnership
Steering Corr~nittee to fill the unexpired term of Doris A.
Alexander, ending November 13, 1991.
Given under my hand and the Seal
twenty-seventh day of February, 1991.
of the City of Roanoke this
City Clerk
Office of the Mayor
March 18, 1991
The Honorable Vice Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mrs. Bowles and Gentlemen:
I wish to request an Executive Session to discuss personnel
matters relating to vacancies on various authorities, boards,
commissions and committees appointed by Council, pursuant to
Section 2.1-344 (A) (1), Coae of Virginia (1950), as amended.
NCT: ra
Si~ncerel¥, ~
Noel C. Taylor
~ayor
Room452 MunicipalBuilding 215Church Avenue, S.W.,Roanoke, Virginia 24011 (703)981-2444
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, $ W. Room 456
Roanoke. Virgmma 24011
Telephone: (703)981-2541
March 20, 1991
SANDRA H. EAKIN
Deputy CiTy Clerk
File #236
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Ordinance No. 30437-31891 authorizing exe-
cution of Amendment No. 4 to a Short Term CDBG Float Loan
Agreement, as amended by Amendment Nos. 1, 2, and 3, with
Downtown Associates and Dominion Bank, in order to provide for
extension of the term of the loan, upon certain terms and con-
ditions. Ordinance No. 30437-31891 was adopted by the Council of
the City of Roanoke at a regular meeting held on Monday, March
18, 1991.
Sincerely,
Mary F. Parker,
City Clerk
CMC/AAE
MFP : ra
Eric.
pc:
Mr. Franklin D. Kimbrough, III, Executive Director, Downtown
Roanoke, Inc., 410 First Street, S. W., Roanoke, Virginia
24011
Mr. J. Richard Carling, President - Western Region, Dominion
Bank, N.A., P. 0. Box 13327, Roanoke, Virginia 24040
Mr. Joel M. Schlanger, Director of Finance
Ms. Deborah J. Moses, Chief of Billings and Collections
Mr. William F. Clark, Director of Public Works
Mr. Brian J. Wishneff, Chief of Economic Development
Mr. John R. ~arlles, Chief of Cononunity Planning
Ms. Marie T. Pontius, Grants Monitoring Administrator
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 18th Day of March, 1991.
No. 30437-31891.
AN ORDINANCE authorizing the execution of Amendment No. 4 to
Short Term CDBG Float Loan Agreement, as amended by ~endment Nos.
1, 2, and 3, with Downtown Associates and Dominion Bank, in order
to provide for the extension of the term of the loan, upon certain
terms and conditions, and providing for an emergency.
WHEREAS, by the terms of a Short Term CDBG Loan Agreement dated
November 5, 1987, and authorized by Ordinance No. 28850, adopted
November 2, 1987, a loan in the amount of $962,000.00 in Community
Development Block Grant funds was made to Downtown Associates for
a two-year term, to provide for refinancing of the rehabilitation
and redevelopment of the City Market Building;
WHEREAS, Downtown Associates requested an extension of the
loan period to November 23, 1990, in order to allow more time for
developing of market leasing;
WHEREAS, by Ordinance Nos. 29824-111389, 30311-111990, and
30357-10791, adopted November 13, 1989, November 19, 1990, and
January 7, 1991, respectively, City Council authorized the execu-
tion of Amendment Nos. 1, 2 and 3 to the Agreement, such amend-
ments providing for one year and sixty (60) day extensions of the
short term CDBG float loan; and
WHEREAS, the Note securing Amendment No. 3 becomes due and
payable on March 21, 1991, and Downtown Associates has requested
a sixty (60) day extension of the loan upon certain terms and con-
ditions to allow more time for developing of market leasing.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that:
1. The City Manager, or his designee, and the City Clerk are
authorized to execute and to seal and attest, respectively, for
and on behalf of the City, Amendment No. 4 to the Short Term CDBG
Float Loan Agreement, dated November 5, 1987, as amended, which
Agreement provided for the loan of $962,000 in Community Develop-
ment Block Grant funds to Downtown Associates, with interest at
the rate of three percent (3%) per annum, payable in arrears, as
amended; such Amendment No. 3 to be in the form as is attached to
the report of the City Manager dated March 18, 1991, and to be
subject to the terms and conditions therein; such Amendment No. 4
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.
Roanoke, Virginia
March 18, 1991
Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Members of Council:
Subject:
Short Term Community Development Block Grant
(CDBG) Float Loan Agreement, Downtown
Associates - Amendment No. 4
I. Background:
City Council approved a short-term, low-interest
CDBG loan, in the amount of $962,000, to Downtown
Associates by Ordinance No. 28850 on November 2,
1987, for the Market Building.
Loan was to promote the creation and retention
of jobs in the City Market Building. When
originally granted, the loan assured the
retention of 51 jobs. Currently there are 87
jobs provided within the Market Building, 21-23
more anticipated.
City has received 3% interest per year for
three years or in the amount of $94,408.
Council extended the original two-year loan by one
additional year by Ordinance No. 29824, adopted
November 13, 1989.
Council extended the loan by 60 days by Ordinance
No. 30311-111990 on November 19, 1990. Loan was due
January 21, 1991.
Council extended the loan by 60 days by Ordinance
No. 30357-10791 on January 7, 1991. Loan is due
March 21, 1991.
II. Current Situation:
Downtown Associates and other loan applicants have
requested an extension of time to allow them to
provide requested information to City staff.
Page 2
City's CDBG budget has the capacity to loan only
$1,000,000 on a short-term basis; therefore, all
loan requests cannot be satisfied.
De
Downtown Associates is seeking assistance of a
consultant to recommend improvements which will
increase leased space in the Market Building.
City staff will evaluate each proposal to make a
recommendation to Council, but additional time is
needed.
III. Issues:
A. Benefit to city.
B. Risk.
C. Impact on other CDBG projects.
D. Legal.
E. Funding.
IV. Alternatives:
Authorize the City Manager to execute the attached
amendment to the agreement among the City of
Roanoke, Downtown Associates, and Dominion Bank
N.A., extending to Downtown Associates a loan of
$962,000 at three percent interest per year for
60 additional days beyond the current due date of
March 21, 1991, secured by a note and an
unconditional and irrevocable letter of credit
issued by Dominion Bank. The closing of the loan
extension will occur no later than 5:00 p.m. on
March 21, 1991.
Benefit to City is provided by time to evaluate
proposals and assess the most productive use of
CDBG funds.
Risk of the City's CDBG program is minimal.
The loan is secured by a letter of credit from
Dominion Bank and can be drawn down at any time
the City requires funds for CDBG programs or
administration.
Impact on other CDBG projects is negligible. A
60 day delay in repayment will not affect
current projects and will not impact plans for
those projects which have requested CDBG loan
funds.
Page 3
Legal. The attached agreement was drafted by
the City Attorney's office.
Funding is available from the unexpended
portion of the City's CDBG allocation.
Do not authorize the City Manager to execute the
attached amendment to the three-party, short-term
float loan agreement.
Benefit to City is undetermined at this point.
Downtown Associates would not be the recipient
of the CDBG loan funds but benefit would be
derived by providing loan funds at some future
date to other projects.
e
Risk would be determined by the other projects
if funds were loaned to them.
Impact on other CDBG Drojects would be
determined later.
Legal aspects of the CDBG program would not
change.
Funding of current projects and programs would
not be affected.
Recommendation:
ae
It is recommended that City Council adopt
Alternative "A" which will authorize the City
Manager to execute the attached amendment to the
agreement between the City of Roanoke, Downtown
Associates and Dominion Bank N.A., extending to
Downtown Associates a loan of $962,000 at three
percent interest per year for a period not to exceed
60 days beyond the current due date of March 21,
1991, secured by a note and an unconditional and
irrevocable letter of credit issued by Dominion Bank
N.A. The closing of the loan extension would occur
prior to 5:00 p.m. on March 21, 1991.
Respectfully submitted,
W. Robert Herbert
City Manager
Page 4
WRH:mpf
attachment
cc: Assistant City Manager
City Attorney
Director of Finance
Director of Public Works
Chief of Economic Development
Chief of Community Planning
Grants Monitoring Administrator
Downtown Associates Inc.
MARY t:. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue. S W ,Room 456
Roanoke, Virgm~a 24011
Telephone: (703) 981-2541
March 20, 1991
SANDRA H. EAKIN
Deputy C~ty Clerk
File #236-178
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
was adopted by the Council of the City
meeting held on Monday, March 18, 1991.
I am attaching copy of Ordinance No. 30438~31891 approving the
loan of Community Development Block Grant (CDBG) funds to Deborah
A. Turner in connection with the City's Home Purchase Assistance
Program for property located at 1433 Gladstone Avenue, S. E.,
which loan amount shall not exceed $22,000.00; authorizing you to
execute documents providing for the assignment of certain options
to said individual; authorizing you to execute documents approved
as to form by the City Attorney necessary to implement and admi-
nister the loans, including a Construction Disbursement
Agreement; authorizing the City Attorney and Director of Finance
to serve as trustees with regard to the related deed of trust
securing the notes for the loan; authorizing you to execute a
certificate of satisfaction upon full payment and satisfaction of
the loans; and authorizing recordation by the City Attorney of
the certificate of satisfaction in the Office of the Clerk of the
Circuit Court for the City of Roanoke. Ordinance No. 30438-31891
of Roanoke at a regular
MFP:ra
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
Enc.
pc:
Mr. Herbert D. McBride, Executive Director, Re
Redevelopment and Housing Authority, 2624 Salem Turnpik
N. W., Roanoke, Virginia 24017
Mr. Wilburn C. Dibling, Jr., City Attorney
Mr. Joel M. Schlanger, Director of Finance
Ms. Deborah J. Moses, Chief of Billings and Collections
Mr. William F. Clark, Director of Public Works
Mr. Ronald H. Miller, Building Commissioner/Zoning
Administrator
Mr. H. Daniel Pollock, Housing Development Coordinator
Ms. Marie T. Pontius, Grants Monitoring Administrator
MS. Deborah A. Turner, 422 Francis Drive, N. W., Roanoke, Virginia
24017
IN THE COUNCIL OF THE CITY OF ROANOKE,
The 18th Day of March, 1991.
No. 30438-31891.
VIRGINIA,
AN ORDINANCE approving the loan of Community Development Block
Grant (CDBG) funds to an individual in connection with the City's
Home Purchase Assistance Program, authorizing the City Manager to
execute documents providing for the assignment of certain options
to that individual, authorizing the City Manager to execute docu-
ments approved as to form by the City Attorney necessary to imple-
ment and administer the loans, including a Construction Disbursement
Agreement, authorizing the City Attorney and Director of Finance to
serve as trustees with regard to the related deed of trust securing
the notes for the loan, authorizing the City Manager to execute a
certificate of satisfaction upon full payment and satisfaction of
the loans, and authorizing recordation by the City Attorney of the
certificate of satisfaction in the Office of the Clerk of the Circuit
Court for the City of Roanoke; and providing for an emergency.
WHEREAS, Council has previously approved the concept of the
Home Purchase Assistance Program in which the City will provide
loans for purchase, closing costs and additional property rehabili-
tation from CDBG funds to low-moderate inco~ households agreeing
to buy and repair certain identified substandard housing, contin-
gent upon approval by the Virginia Housing Development Authority
(VRDA) of State rehabilitation loans.
WHEREAS, Council has previously authorized the execution of a
certain option agreement in connection with the Home Purchase
Assistance Program.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that:
1. The City Manager is hereby authorized to loan CDBG funds
in connection with the City's Home Purchase Assistance Program to
the individual identified in the City Manager's report dated March
18, 1991, upon the terms and conditions set forth therein.
2. The City Manager is hereby authorized to execute docu-
ments, upon form approved by the City Attorney, providing for the
assignment of certain options to Deborah A. Turner, as set forth in
the report of the City Manager dated March 18, 1991.
3. The City Manager is hereby authorized for and on behalf of
the City to execute documents approved as to form by the City
Attorney necessary to implement and administer the loan, including
a Construction Disbursement Agreement, in connection with the Home
Purchase Assistance Program loans to be made to Deborah A. Turner,
which loan amount shall not exceed $22,000.00 for the purchase
price, closing costs, attorney fees and rehabilitation of the pro-
perty at 1433 Gladstone Avenue, S.E., subject to approval of
$20,000.00 in rehabilitation financing from the Commonwealth of
Virginia, all of which is in accordance with the recommendations
contained in the City Manager's report dated March 18, 1991.
4. To secure payment of the loan of CDBG funds made under the
Home Purchase Assistance Program and performance by the loan reci-
pient, the recipient shall execute a deed of trust and deed of
trust note, which docLunent shall be approved as to form by the City
Attorney.
5. Wilburn C. Dibling, Jr., City Attorney, and Joel M.
Schlanger, Director of Finance (hereinafter "Trustees"), are hereby
- 2 -
authorized to serve as Trustees for and on behalf of the City as
beneficiary.
6. Pursuant to §26-49, Code of Virginia (1950), as amended,
City Council reserves the right in its sole discretion for any
reason whatsoever to appoint a substitute trustee or trustees.
7. Upon payment or full satisfaction of the debt secured by
the deed of trust and delivery of the cancelled deed of trust note
to the person or persons by whom it was paid, the City Manager
shall be authorized to execute a certificate of satisfaction upon
form prepared by the City Attorney, and the City Attorney shall be
authorized to file such certificate of satisfaction in the Office
of the Clerk of the Circuit Court of the City of Roanoke.
8. 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.
- 3 -
Roanoke, Virginia
March 18, 1991
Honorable Mayor and Members of Council
Roanoke, Virginia
Dear Members of Council:
Subject: Community Development Block Grant Loans under the
Home Purchase Assistance Program
I. Background
$220,000 from the Virginia Housing Partnership Fund's Single Family
Rehabilitation and I:nergy Conservation Loan Program~ and $2#0,000 in
Community Development Block Grant (CDBG) funds were allocated to the
Home Purchase Assistance Program (HPAP) by City Council on June 26,
1989, allowing the City to provide loans to low-moderate income house-
holds agreeing to buy and repair certain identified substandard houses.
The Program is administered jointly by the City and the Roanoke
Redevelopment and Housing Authority (RRHA), as outlined in the City's
contract for services with the RRHA.
B. Program design is as follows:
State Department of Housing and Community Development (DHCD) and
Virginia Housing Development Authority (VH1)A) jointly administer the
Single Family Rehabilitation and Energy Conservation Loan Program.
VHDA provides loan approval and servicing for $20,000 maximum reha-
bilitation loan/grants available to qualifying low-moderate income
households at #% interest with 15 year terms.
City provides CDBG loans for purchase, closing costs and additional
property rehabilitation (beyond VHDA's $20,000 maximum if needed) at
#% interest with 10 - 15 year terms. These loans are approved
by the City.
3. RRHA oversees the rehabilitation repairs to the properties.
II. Current Situation
Home Purchase Assistance Program Selection Committee which is composed
of both RRHA and City staff~ recommends approval of CDBG loan not to
exceed $22,000 to Deborah Ann Turner, a qualifying low-moderate income
household, for the purchase and rehabilitation ($12,000 purchase price,
$8,000 rehabilitation financing, $500 attorney's fees and $1,500
closing costs) of 1t~33 Gladstone Avenue, SE, Tax Parcels # #230307
and ##230308, subject to approval of $20,000 in rehabilitation
financing from the State.
Bo
City Executed A Real Estate Option Agreement with property owner of 1t~33
Gladstone Avenue, SE, Tax Parcels # #230307 and # t, 230308 (City Council
approved execution of Option Agreement by Ordinance No. 29973-31990~
thereby holding an assignable option on the subject property.
Attachment A). This Option expired July 6, 1990.
Honorable Mayor and Members of Council
· March lg, 1991
?age Two
VHDA has notified the City that the State rehabilitation financing has
been approved for this low-moderate income household.
City Council's approval for City Manager to execute a new Real Estate
Option Agreement, Attachment B) which lowers the purchase price
for 1#33 Gladstone Avenue, SE; City Council's approval to assign
the new Real Estate Option Agreement with the selected
purchaser of this property; and City Council's approval to provide
CDBG loan to the selected qualifying low-moderate income household, is
necessary to allow the purchase and rehabilitation of this property
to occur through the Home Purchase Assistance Program.
III. Issues
A. Cost to the City·
B. Effect on Housing Conditions.
C. Timing.
D. Administration.
IV. Alternatives
Approve City Manager's execution of new Real Estate Option Agreement on
1#33 Gladstone Avenue, SE; approve assignment of new Option to Deborah
Ann Turner and CDBG loan not to exceed $22~000 to Deborah Ann Turner
for the purchase and rehabilitation of this property under the
the Home Purchase Assistance Program; and authorize the City
Manager to execute documents to be approved as to form by
the City Attorney necessary to assign the new Option and implement
and administer the loan, including Construction Disbursement
Agreement. Upon payment or full satisfaction of the debt secured by the
Deed of Trust and delivery of the cancelled Deed of Trust Note to the
person or persons by whom it was paid~ the City Manager will execute a
Certificate of Satisfaction upon such a form approved by the City
Attorney, and the City Attorney shall file such Certificate of
Satisfaction in the Office of the Clerk of the Circuit Court of the City
of Roanoke. Note evidencing this loan and the Deed of Trust (naming
3oel M. $chlanger and g?ilburn C. Dibling, 3r. as Trustees) securing this
loan to be approved as to form by the City Attorney. (Attachment C)
Cost to the City will be $22~000 CDBG loan. Funding is available in
the Grant Fund in account number 035-088-8820-5115. Funds will revolve
back to the City over a fifteen (15) year period with #% interest. The
City will receive increased tax revenue on the improved property.
Effect on housing conditions will be positive as a home-ownership
opportunity will be provided to a low-moderate income household
who will rehabilitate and occupy a currently substandard
vacant property, thereby contributing to neighborhood stabilization
and rejuvenation. This will be the second house purchased and
rehabilitated in this neighborhood through the program.
Timing is such that immediate Council approval of the CDBG loan
will allow closing to be held as provided in agreement between the
seller and purchaser of this property. Delay in approving this
loan may cause termination of agreement between buyer and seller.
Honorable Mayor and Members of Council
March 18, 1991
Page Three
Administration of the rehabilitation will be overseen by RRHA, as
provided for in the City's contract for services. Servicing of the
City's loan will be handled by Dominion Bankshares Mortgage
Corporation as provided for in City's contract for loan servicing.
B. Do not approve CDBG loan.
Cost to the City can be recognized as lost opportunity cost, as a
vacant, deteriorating property will probably not be rehabili-
tated and occupied by a home-owner. The City will not receive
increased tax revenue from the improved property, and the tax
base of nearby properties is likely to suffer as well.
Effect on housing conditions will be negative as a vacant
substandard property probably will continue to deteriorate to the
detriment of surrounding properties and the neighborhood. Further,
a home-ownership opportunity for a low-moderate income house-
hold will be lost.
3. Timing would require prompt notification to both the low-moderate
income purchaser and the seller that the sale cannot close.
Administration would not be an issue.
V. Recommendation:
Adopt Alternative A~ 1) thereby approving City Manager's execution of new Real
Estate Option Amendment on 1#33 Gladstone Avenue, SE; 2) approve
assignment of new option to Deborah Ann Turner and CDBG loan
not to exceed $22,000 to Deborah Ann lurner for the purchase and
rehabilitation of this property under the Home Purchase Assistance Program;
and 3) authorize the City Manager to execute documents to be approved as
to form by the City Attorney necessary to assign the Option and implement
and administer the loan, including Construction Disbursement Agreement.
Upon payment or full satisfaction of the debt secured by the Deed of Trust
and delivery of the cancelled Deed of Trust Note to the person or persons
by whom it was paid, the City Manager will execute a Certificate of
Satisfaction and the City Attorney shall file such Certificate of
Satisfaction in the Office of the Clerk of the Circuit Court of the City
of Roanoke. Note evidencing this loan and the Deed of Trust (naming
Joel M. Schlanger and Wilburn C. Dibling, Jr. as Trustees) securing this
loan to be approved as to form by the City Attorney. (Attachment C)
Respectfully submitted,
W. Robert Herbert
City Manager
Honorable Mayor and Members of Council
March 18~ 1991
Page Four
BC:rs(CR.46.1~ 46.2, 46.3, 46.4)
Attachments
CC:
City Attorney
Director of Finance
Director of Public Works
Building Commissioner
Housing Development Coordinator
Grants Monitoring Administrator
Chief, Office of Billings and Collections
Director, RRHA
Attachment (A)
REAL ESTATE OPTION
THIS REAL ESTATE OPTION (hereinafter referred to as
"Option"), made this 6th day of March , 1990, by and
between Harold Gray Bradshaw (hereinafter referred to as
"Grantor"), and the CITY OF ROANOKE, VIRGINIA (hereinafter referred
to as "Grantee").
~ I T N E S S E T H:
I. GRANT OF OPTION. For and in consideration of One
Dollars ($ [.00 ), and other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, Grantor gives
and grants to Grantee, its successors and assigns, the exclusive,
assignable and irrevocable right and option to purchase the property,
more particularly described in Section No. 2 of this Option, together
with all easements, rights and appurtenances attached thereto, and all
improvements thereon (hereinafter referred to as "Real Estate"). By
glving and granting this Option to Grantee, Grantor certifies that
Grantor, and only Grantor, owns the Real Estate in fee simple.
follows:
DESCRIPTION OF REAL ESTATE. The Real Estate is described as
1433 Gladstone Avenue SE.
A parcel in the City of Roanoke, Virginia,
City of Roanoke Official Tax No. 423030g ,
and City of Roanoke Official Tax No. 4230307,
consisting of approximately 0.55 acres,
more particularly described on the map
attached hereto, labeled Exhibit A, and
incorporated by reference herein, together
with all easements, rights of way, water
rights, appurtenances and improvements
thereto belonging, the legal description
for which is Lot g and Lot 7, Block 3~ ~Vaverly.
3. · TERM OF OPTION. This Option shall commence on the date and at
the time of execution of this Option by Grantor and Grantee. This
Option shall expire at 11:39 p.m., on 3ul¥ 6 , I990, unless
earlier exercised or terminated by Grantee.
t~. EXERCISE OF OPTION. This Option shall be deemed validly
and effectively exercised if notice of the exercise hereof is either
sent by certified mail to Grantor at Harold Gray Bradshaw PO Box 61
Scotts NC 28699 , or delivered in person to Grantor, on or before
the expiration date and time of this Option. Notice of such exercise
which is given by certified mail shall be deemed effective when depo-
sited in the mail as aforesaid. For the period that this Option is
effective, neither Grantor nor Grantor's employees, agents, tenants or
representatives shall use or alter the Real Estate in a manner which
would adversely affect its use by Grantee, and Grantor shall not sell,
encumber, or otherwise transfer or dispose of the Real Estate to any
other party. The exercise of this Option shall result in Grantor
selling and conveying the Real Estate to Grantee, and Grantee purchas-
ing and accepting the Real Estate from Grantor, for the amount of
the Purchase Price, subject to the terms and conditions contained in
this Option. Grantee reserves for it and its successors and assigns
the right to terminate this Option at any time for cause or no cause
at all, either before or after the assignment of this Option.
3. FAILURE TO EXERCISE OPTION. If Grantee does not exercise
this Optio% Grantor shall have no rights or claims against Grantee,
6. INSURANCE. Upon execution of this Option, Grantor shall
maintain general liability insurance on the real estate during the
- 2 -
term of this Option~ or any extension of said term, in an amount of
$300~000 , and shall supply Grantee with a Certificate
Insurance, demonstrating that Grantee is a named insured on the policy
of general liability insurance.
7. RIGHT OF ENTRY AND MARKETING OF REAL ESTATE. After the
execution of this Option by Grantor and Grantee, and either before or
after the exercise of this Option by Grantee, Grantee, or its agents
or employees, may enter upon the Real Estate and perform all sur-
veying, engineering, soil borings, appraisals, estimates of repairs
and other tests and acts deemed necessary by Grantee to satisfy
Grantee that the Real Estate is suitable for the uses and purposes
intended by Grantee and is suitable for the Home Purchase Assistance
Program (hereinafter referred to as the "Program"). All such tests
and acts shall be performed at reasonable hours and at Grantee's cost
and expense. In addition, Grantee shall be entitled to publicize
the Real Estate for sale, endeavor to identify a purchaser for the
Real Estate, place a "For Sale" sign on the Real Estate, show the
property to prospective purchasers, and take other reasonable and
appropriate action deemed necessary by the Grantee to sell the Real
Estate. Under no circumstances shall this section create any rights
in the Grantor or impose any obligations upon the Grantee.
g. REAL ESTATE MAINTENANCE. Grantor shall maintain the Real
Estate and adjoining sidewalks and walkways in a safe and attractive
manner during the term of this Option, and in the event of the exer-
cise of this Option, until the date of closing.
- 3 -
9. RISK OF LOSS. Grantor shall bear any risk of loss of the
Real Estate during the term of this Option, or, in the event of the
exercise of this Option, until the date of closing.
t0. ASSIGNMENT. Grantee may assign this Option by written noti-
fication to Grantor. Grantor shall not assign this Option, unless
approved in writing by Grantee, and Grantee's approval of such an
assignment may be withheld for any reason or no reason at all. If
the Grantor assigns this Option, all references in this Option to
the Grantor shall apply to the assignee. If the Grantee assigns this
Option, all references in this Option to the Grantee shall apply to
the assignee. In the event of an assignment by either the Grantor or
the Grantee, no claim may be asserted against the assignor based upon,
arising out of, or related to this Option.
1 1. PURCHASE PRICE. The purchase price for the Real Estate shall
be Nineteen-Thousand Four-Hundred and NO/100 DOLLARS ($19,400.00 ).
12. PAYMENT OF PURCHASE PRICE. The purchase price for the Real
Estate shall be payable at closing.
13. CLOSING. If this Option is exercised, closing of the sale
of the Real Estate shall be held within sixty (60) days of the date
on which Grantor receives notice of Grantee's exercise of this Option,
or as soon thereafter as may be practically possible. Closing shall
be held in Room 170, Municipal Building, 215 Church Avenue, Roanoke,
Virginia, or at some other location selected by the City and mutually
satisfactory to the parties. At closing, Grantor shall execute,
acknow£edge, and deliver to Grantee, a general warranty deed,
with modern English covenants of title, in form satisfactory and
acceptable to the Grantee, conveying the Real Estate to Grantee,
free and clear of all liens, tenancies, encumbrances, material
defects, and exceptions, other than current taxes, and any other
matters that may have been approved by Grantee in writing after
examination of title. Said deed shall be prepared at Grantor's
expense. Grantor sha[! pay grantor's tax, and all documentary,
transfer, and excise taxes imposed upon that conveyance. Grantor
shall execute and deliver a non-foreign affidavit to Grantee at
closing in the form required by Section 1##5 of the Internal Revenue
Code~ otherwise, Grantee will withhold a portion of the Purchase Price
and remit the same to the Internal Revenue Services for the account of
Grantor as required by law. Grantor also shall execute, ackno~vled§e,
and deliver any of the instruments, documents, and assurances required
or requested by Grantee or a title insurance company in order to con-
summate this transaction and e~fect the conveyance of the Real Estate
to Grantee as herein provided, including, without [imitation, a yen-
dot's affidavit in form satisfactory and acceptable to Grantee's coun-
sel. [~ossession of the Real Estate shall be delivered to Grantee at
the closing, in the same condition as it now is, ordinary wear and
tear only excepted, free and clear of the rights or daims of any
other party. AIl warranties and representations of Grantor, and any
covenants and obligations of Grantor hereunder which remain unper-
formed upon dosing, shall survive the closing.
[~... GRANTEE UNABLE TO CLOSE SALE. The terms of this Option
notwithstanding, should Grantee be unable or unwilling for any reason
to close on the sale of the Real Estate, including being determined
ineligible for the Home Purchase Assistance Program by the Virginia
Housing Development Authority, after the exercise of this Option,
this Option shall terminate without any liability incurred by Grantee,
Grantee's assigns, successors, administrators, executors, officers,
agents, employees, or any and all of Grantee's predecessors in inte-
rest of this Option, if any.
15. GRANTOR UNABLE TO CLOSE SALE. If Grantor fails to close
on the sale of the Real Estate for any reason, Grantor shall pay
Grantee and its assigns, and all of Grantee's predecessors in inte-
rest of this Option, if any, all costs incurred, including costs
incurred in the arrangement of the rehabilitation and financing for
the sale of the Real Estate.
16. INDEMNITY. Grantor shall indemnify and hold Grantee,
its officers, agents, employees, successors, assigns, executors
and administrators, and any and all of Grantee's predecessors in
interest of this Option, if any, harmless from any and all claims,
damages, losses, expenses, costs and attorney fees, as a result
of, arising out of, or relating to the performance by Grantee under
this Option.
17. TAXES. At closing, Grantor shall be responsible for and
pay all real estate taxes upon the subject Real Estate to be pro-
rated as of the Date of Closing.
- 6-
18.. SUCCESSORS. The parties agree and fully understand
that this Option shall be binding upon the parties, their heirs,
successors, assigns, executors and administrators.
19. ENTIRE AGREEMENT. This Option contains and constitutes
the entire agreement of the parties regarding the subject matter
hereof, and there are no other agreements, written or oral, between
the parties affecting the subject matter hereof. No amendment of
this Option shall be effective unless the same is made in writing and
signed by the parties hereto.
20. THIRD PARTY. This Option creates no rights in any party,
except Grantor and Grantee.
21. DETERMINATIONS, FINDINGS AND CONCLUSIONS. All determina-
tions, findings and conclusions made by Grantee under this Option
shall be made in the sole and absolute discretion of Grantee, and
Grantor shall have no rights, claims or causes of action against
Grantee, its officers, agents, employees, successors, assigns, exe-
cutors and administrators, and any and all of Grantee's predecessors
in interest of this Option, if any, for Grantee's determinations,
findings and conclusions.
22. NOTICES. Notice of exercise of this Option shall be given
in the form attached as Exhibit B and in the manner set forth in this
Option. All other notices, requests or other correspondence relating
to this Option shall be sent by certified mail, postage prepaid, by
each party to the other party hereto at the addresses specified below
or at such other address as a party may by written notice give as the
- 7-
address to which such future notices, requests and correspondence
shall be sent hereunder:
GRANTOR:
Harold Gray Bradshaw
PO Box 6!
Scotts NC 28699
GRANTEE: ~. Robert Herbert, City Manager
City of Roanoke
364 Municipal Building
Roanoke, Virginia 2401!
w/copy to: Ronald H. Miller, Building Commissioner/
Zoning Administrator, City of Roanoke
Room 170, Municipal Building
Roanoke, Virginia 2~01!
23. CONSTRUCTION. The interpretation, construction, and
performance of this Option shall be governed by the laws of the
Commonwealth of Virginia. All headings of sections of this Option
are inserted for convenience only, and do not form part of this Option
or limit, expand, or otherwise alter the meaning of any provisions
hereof. This Option shall be executed in duplicate, each of which
shall be deemed to be an original. This Option shall be construed
without regard to any presumption or rule requiring construction
against the party causing the Option to be drafted.
24. RECORDING. This Option shall be recorded in the land
records o~ the O~ice o:~ the CLerk of the Circuit Court of the
City o~ Roanoke.
EXECUTED and DELIVERED by Grantor and accepted by Grantee as
of this 6th day of March , 1990
GRANTOR:
(SEAL)
ATTEST: ,~
Mary F. P~'~a er, City Clerk
GRANTEE:
CITY OF ROANOKE, VIRGINIA
W. Robert Herbert, City Manager
To-wit:
)
I hereby certify that the foregoing Real Estate Option Agree-
ment was acknowledged before me by
~ %0 ,t,l,, ' , this
My Commission expires:
1990.
N o([ary Public
COMMONWEALTH OF VIRGINIA
)
CITY OF ROANOKE )
To-wit:
I hereby certify that the foregoing Real Estate Option Agreement
was acknowledged before me by ~V. ROBERT HERBERT and MARY F. PARKER,
City Manager and City Clerk, respectively, of the CITY OF ROANOKE,
.~0 ''~ day of
VIRGINIA, on behalf of that municipal corporation, this__
~ , 1990.
My Commission expires: ~ ~8. Icj ~o
Notary Public
- 9-
App/~oved as to CDBG Eligibility
-/ inande
~roved as to Form'
Building Commissioner
Director of Public Works :' _
Approved a~ to Execution
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19th day of March, 1990.
No. 29973-31990.
AN ORDINANCE authorizing certain real estate options to be
entered into in connection with the Home Purchase Assistance Pro-
gram, and providing for an emergency.
BE IT ORDAINED by the Council of the City of Roanoke as
follows:
1. That the City ~anager be, and he is hereby authorized,
for and on behalf of the City, to execute Real Estate Options on
real estate located at 1502 Tazewell Avenue, S. E., and 1433
Gladstone Avenue, S. E., as set out in and attached to the City
Manager's report dated March 19, 1990, a copy of which is on file
in the Office of the City Clerk, upon approval of the form of the
Options by the City Attorney, and upon such other terms and con-
ditions as are provided therein; and
2. That, 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.
Attachment B
THIS REAL ESTATE OPTION AGREEMENT (hereinafter referred
to as "Option"), made this llth day of
between Harold Gray Bradshaw
"Grantor"), and the CITY OF ROANOKE,
to as "Grantee").
March , 1991, by and
(hereinafter referred to as
VIRGINIA (hereinafter referred
W I T N E S S E T H:
1. GRANT OF OPTION. For and in consideration of One
Dollars ($ 1.00 ), and other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, Grantor gives
and grants to Grantee, its successors and assigns, the exclusive,
assignable and irrevocable right and option to purchase the property,
more particularly described in Section No. 2 of this Option, together
with all easements, rights and appurtenances attached thereto, and all
improvements thereon (hereinafter referred to as "Real Estate"). By
giving and granting this Option to Grantee, Grantor certifies that
Grantor, and only Grantor, owns the Real Estate in fee simple.
follows:
DESCRIPTION OF REAL ESTATE. The Real Estate is described as
1#33 Gladstone Avenue SE.
A parcel in the City of Roanoke, Virginia,
City of Roanoke Official Tax No. #230308 ,
and City of Roanoke Official Tax No. #230307,
consisting of approximately 0.55 acres,
more particularly described on the map
attached hereto, labeled Exhibit A, and
incorporated by reference herein, together
with all easements, rights of way, water
rights, appurtenances and improvements
thereto belonging, the legal description
for which is Lot 8 and Lot 7, Block 3~ Waverly.
3. TERM OF OPTION. This Option shall commence on the date and at
the time of execution of this Option by Grantor and Grantee. This
Option shall expire at I]:59 p.m., on April 30 , 1991, unless
earlier exercised or terminated by Grantee.
#. EXERCISE OF OPTION. This Option shall be deemed validly
and effectively exercised if notice of the exercise hereof is either
sent by certified mail to Grantor at Harold Gray Bradshaw PO Box 61
Scotts NC 28699 , or delivered in person to Grantor, on or before
the expiration date and time of this Option. Notice of such exercise
which is given by certified mail shall be deemed effective when depo-
sited in the mail as aforesaid. For the period that this Option is
effective, neither Grantor nor Grantor's employees, agents, tenants or
representatives shall use or alter the Real Estate in a manner which
would adversely affect its use by Grantee, and Grantor shall not sell,
encumber, or otherwise transfer or dispose of the Real Estate to any
other party. The exercise of this Option shall result in Grantor
selling and conveying the Real Estate to Grantee, and Grantee purchas-
ing and accepting the Real Estate from Grantor, for the amount of
the Purchase Price, subject to the terms and conditions contained in
this Option. Grantee reserves for it and its successors and assigns
the right to terminate this Option at any time for cause or no cause
at all, either before or after the assignment of this Option.
3. FAILURE TO EXERCISE OPTION. If Grantee does not exercise
this Option, Grantor shall have no rights or claims against Grantee.
6. INSURANCE. Upon execution of this Option, Grantor shall
maintain general liability insurance on the real estate during the
- 2-
term of this Option, or any extension of said term, in an amount of
$300~000 , and shah supply Grantee with a Certificate of
Insurance, demonstrating that Grantee is a named insured on the policy
of general liability insurance.
7. RIGHT OF ENTRY AND MARKETING OF REAL ESTATE. After the
execution of this Option by Grantor and Grantee, and either before or
after the exercise of this Option by Grantee, Grantee, or its agents
or employees, may enter upon the Real Estate and perform all sur-
veying, engineering, soil borings, appraisals, estimates of repairs
and other tests and acts deemed necessary by Grantee to satisfy
Grantee that the Real Estate is suitable for the uses and purposes
intended by Grantee and is suitable for the Home Purchase Assistance
Program (hereinafter referred to as the "Program"). All such tests
and acts shall be performed at reasonable hours and at Grantee's cost
and expense. In addition, Grantee shall be entitled to publicize
the Real Estate for sale, endeavor to identify a purchaser for the
Real Estate, place a "For Sale" sign on the Real Estate, show the
property to prospective purchasers, and take other reasonable and
appropriate action deemed necessary by the Grantee to sell the Real
Estate. Under no circumstances shall this section create any rights
in the Grantor or impose any obligations upon the Grantee.
g. REAL ESTATE MAINTENANCE. Grantor shall maintain the Real
Estate and adjoining sidewalks and walkways in a safe and attractive
manner during the term of this Option, and in the event of the exer-
cise of this Option, until the date of closing.
- 3-
9. RISK OF LOSS. Grantor shall bear any risk of loss of the
Real Estate during the term of this Option, or, in the event of the
exercise of this Option, until the date of closing.
10. ASSIGNMENT. Grantee may assign this Option by written noti-
fication to Grantor. Grantor shall not assign this Option, unless
approved in writing by Grantee, and Grantee's approval of such an
assignment may be withheld for any reason or no reason at all. If
the Grantor assigns this Option, all references in this Option to
the Grantor shah apply to the assignee. I:~ the Grantee assigns this
Option, all references in this Option to the Grantee shall apply to
the assignee. In the event of an assignment by either the Grantor or
the Grantee, no claim may be asserted against the assignor based upon,
arising out of, or related to this Option.
Il. PURCHASE PRICE. The purchase price for the Real Estate shall
be Twelve-Thousand and NO/100 DOLLARS ($12~000.00 ).
12. PAYMENT OF PURCHASE PRICE. The purchase price for the Real
Estate shall be payable at closing.
13. CLOSING. If this Option is exercised, closing of the sale
of the Real Estate shah be held within sixty (60) days of the date
on which Grantor receives notice of Grantee's exercise of this Option,
or as soon thereafter as may be practically possible. Closing shall
be held in Room I70, Municipal Building, 215 Church Avenue, Roanoke,
Virginia, or at some other location selected by the City and mutually
satisfactory to the parties. At closing, Grantor shah execute,
acknowledge, and deliver to Grantee, a general warranty deed,
with modern English covenants of title, in form satisfactory and
acceptable to the Grantee, conveying the Real Estate to Grantee,
free and clear of ail liens, tenancies, encumbrances, material
defects, and exceptions, other than current taxes, and any other
matters that may have been approved by Grantee in writing after
examination of title. Said deed shall be prepared at Grantor's
expense. Grantor shall pay grantor's tax, and all documentary,
transfer, and excise taxes imposed upon that conveyance. Grantor
shah execute and deliver a non-:[oreign affidavit to Grantee at
closing in the form required by Section [4#5 of the Internal Revenue
Code; otherwise, Grantee will withhold a portion of the Purchase Price
and remit the same to the Internal Revenue Services for the account of
Grantor as required by law. Grantor also shall execute, acknowledge,
and deliver any of the instruments, documents, and assurances required
or requested by Grantee or a title insurance company in order to con-
summate this transaction and effect the conveyance of the Real Estate
to Grantee as herein provided, including, without limitation, a ven-
dor's affidavit in form satisfactory and acceptable to Grantee's coun-
sel. Possession of the Real Estate shall be delivered to Grantee at
the closing, in the same condition as it now is, ordinary wear and
tear only excepted, free and clear of the rights or claims of any
other party. All warranties and representations of Grantor, and any
covenants and obligations of Grantor hereunder which remain unper-
formed upon closing, shall survive the closing.
- 5-
lt. GRANTEE UNABLE TO CLOSE SALE. The terms of this Option
notwithstanding~ should Grantee be unable or unwilling for any reason
to close on the sale of the Real Estate~ including being determined
ineligible for the Home Purchase Assistance Program by the Virginia
Housing Development Authority~ after the exercise of this Optio%
this Option shall terminate without any liability incurred by Grantee,
Grantee's assigns~ successors~ administrators~ executors, officers~
agents~ employees, or any and all of Grantee's predecessors in inte-
rest of this Option, if any.
15. GRANTOR UNABLE TO CLOSE SALE. If Grantor fails to close
on the sale of the Real Estate for any reason~ Grantor shall pay
Grantee and its assigns~ and all of Grantee's predecessors in inte-
rest of this Option~ if any~ all costs incurred, including costs
incurred in the arrangement of the rehabilitation and financing for
the sale of the Real Estate.
16. INDEMNITY. Grantor shall indemnify and hold Grantee,
its officers~ agents~ employees~ successors, assigns~ executors
and administrators~ and any and all of Grantee's predecessors in
interest of this Option, if any~ harmless from any and all claims~
damages~ losses~ expenses~ costs and attorney fees, as a result
of, arising out of~ or relating to the performance by Grantee under
this Option.
17. TAXES. At closing~ Grantor shall be responsible for and
pay all real estate taxes upon the subject Real Estate to be pro-
rated as of the Date of Closing.
- 6-
t8. SUCCESSORS. The parties agree and fully understand
that this Option shall be binding upon the parties, their heirs,
successors, assigns, executors and administrators.
19. ENTIRE AGREEMENT. This Option contains and constitutes
the entire agreement of the parties regarding the subject matter
hereof, and there are no other agreements, written or ora], between
the parties affecting the subject matter hereof. No amendment of
this Option shall be effective unless the same is made in writing and
signed by the parties hereto.
20. THIRD PARTY. This Option creates no rights in any party,
except Grantor and Grantee.
21. DETERMINATIONS, FINDINGS AND CONCLUSIONS. All determina-
tions~ findings and conclusions made by Grantee under this Option
shall be made in the sole and absolute discretion of Grantee~ and
Grantor shall have no rights, claims or causes of action against
Grantee, its officers, agents, employees, successors, assigns, exe-
cutors and administrators, and any and all of Grantee's predecessors
Jn interest of this Option, if any, for Grantee's determinations~
findings and conclusions.
22. NOTICES. Notice of exercise of this Option shall be given
in the form attached as Exhibit B and in the manner set forth in this
Option. All other notices, requests or other correspondence relating
to this Option shall be sent by certified mail, postage prepaid, by
each party to the other party hereto at the addresses specified below
or at such other address as a party may by written notice give as the
- 7 -
address to which such future notices, requests and correspondence
shall be sent hereunder:
GRANTOR:
Harold Gray Bradshaw
PO Box 61
Scotts NC 28699
GRANTEE: W. Robert Herbert, City Manager
City of Roanoke
364 Municipal Building
Roanoke, Virginia 24011
w/copy to: Ronald H. Miller, Building Commissioner/
Zoning Administrator, City of Roanoke
Room 170, Municipal Building
Roanoke, Virginia 2#01!
23. CONSTRUCTION. The interpretation, construction, and
performance of this Option shall be governed by the laws of the
Commonwealth of Virginia. All headings of sections of this Option
are inserted for convenience on]y, and do not form part of this Option
or limit, expand, or otherwise alter the meaning of any provisions
hereof. This Option shall be executed in duplicate, each of which
shall be deemed to be an original. This Option shall be construed
without regard to any presumption or rule requiring construction
against the party causing the Option to be drafted.
24. RECORDING. This Option shall be recorded in the land
records of the Office of the Clerk of the Circuit Court of the
City of Roanoke.
EXECUTED and DELIVERED by Grantor and accepted by Grantee as
of this l~th day of March , 199!
GRANTOR:
(SEAL)
(SEAL)
- 8 -
ATTEST:
Mary F. Parker, City Clerk
GRANTEE:
CITY OF ROANOKE, VIRGINIA
By
Robert Herbert, City Manager
State Of North Carolina )
) To-wit:
)
I hereby certify that the foregoing Real Estate Option Agree-
ment was acknowledged before me by
, this day ol ,
My Commission expires:
1990.
Notary Public
COMMON'WEALTH OF VIRGINIA
)
CITY OF ROANOKE )
To-wit:
I hereby certify that the foregoing Real Estate Option Agreement
was acknowledged before me by ~. ROBERT HERBERT and MARY F. PARKER,
City Manager and City Clerk, respectively, of the CITY OF ROANOKE,
VIRGINIA, on behalf of that municipal corporation, this day of
, 1990.
My Commission expires:
Notary Public
-9-
Attachment (C)
THIS IS A CREDIT LINE DEED OF TRUST
THIS DEED OF TRUST made as of the.
by and between
__day of ,19
(herein referred to as "Grantor") and Wilburn C. Dibling, 3r., of the City of
Roanoke, Virginia, and 3oel M. Sch]anger, of the County of Roanoke, Virginia
(herein referred to as "Trustees"), either of whom may act; and the City of
Roanoke, Virginia (herein referred to as the "City") legal holder of the hereinafter
described note,
RECITALS
The parties hereto aknowledge that the Grantor has executed a
deed of trust note of even date (the "Note") payable to the City in the amount of
Dollars
($ ) and maturing on ., 19 and evidencing a loan for the
purchase and/or rehabilitation of a single family residence intended for occupancy
by persons and families of low and moderate income. The Grantor desires to secure
to the City the payment of certain indebtednesses of the Grantor to the City and
the performance of certain covenants made by the Grantor to the City.
NOW THEREFORE, WITNESSETH: That for and in consideration of the provi-
sions of this Deed of Trust (herein referred to as "Deed") and of $1.00 cash in
hand paid and other valuable consideration, the receipt and sufficiency of which
is hereby acknowledged, the Grantor does hereby grant and convey unto the
Trustees, with General Warranty of title, the real property described with par-
ticularity in Exhibit A, which is attached hereto, together with all buildings,
improvements, and fixtures now or hereafter erected thereon) including without
limitation all apparatus, equipment, fixtures or articles, used to supply heat,
gas, air conditioning, water, light, power, refrigeration, ventilation, or other
services, and all items of personal property and any other thing now or hereafter
therein or thereon used in connection with the real property including without
limitation screens, window shades, storm doors and windows, affixed floor
coverings, screen doors, venetian blinds, awnings) stoves and water heaters (all
of which are declared to be a part of said real property whether physically
attached thereto or not); and also together with ail rights, privileges, appur-
tenances, easements belonging or in any way appertaining thereto or otherwise
relating to the real property, as well as any unearned hazard insurance premium
with respect to such real property, all of which are hereby pledged, assigned,
transferred and set over unto the Trustees, whether now due or hereafter to become
due (all of such real property herein referred to as "Property")
IN TRUST, to secure to the City the performance and payment by
the Grantor of ail present and future obligations arising out of the Note and
accompanying documents between Grantor and the City for an amount not to exceed
at any one time outstanding the pricipai sum of
($ ) plus finance charges, late charges,
and costs of collection, including attorney's fees and foreclosure expenses, to the
order ol the City of Roanoke, Virginia (hereinafter referred to as "Secured
Indebtedness") which Secured Indebtedness is due and payable on order of the City,
and also to secure the due and punctual performance by Grantor of each and every
covenant and agreement (hereinafter referred to as the "Secured Covenants") of the
Grantor to and with the City concerning or relating to the Property.
THIS DEED OF TRUST, except to the extent inconsistent with the specific
and express provisions contained herein, shall in all other respects be read and
construed with, and to such extent be deemed to incorporate by reference, the pro-
visions of Section 55-59, Code of Virginia (1950), as in force and effect on the
date of aknowledgement hereof, and shall include in short form provided in Section
55-60 of said Code the following provisions:
Exemptions waived
Subject to all upon default
Renewals and extensions permitted
Insurance required dollars
Substitution of Trustee permitted
Any Trustee may act.
The parties hereto aknowledge that the Grantor has executed a
deed of trust note of even date (the "Note") payable to the City in the amount of
Dollars
($ ) and maturing on , 19 and evidencing a loan for the
purchase and/or rehabilitation of a single family residence intended for occupancy
by persons and families of low and moderate income. The Grantor desires to secure
to the City the payment of certain indebtednesses of the Grantor to the City and
the performance of certain covenants made by the Grantor to the City.
SECURED COVENANTS
The parties hereto do further covenant and agree as follows:
1. Title~ Payment and Performance. Grantor hereby covenants that Grantor is
lawfully seized of an indefeasible estate in the Property in fee simple and has the ·
right to convey it; that Grantor will execute such further assurances of title as
may be requisite; that Grantor will pay punctually and promptly all of the said
indebtedness; and that no purchaser hereunder shall be required to look to the
application of the purchase money.
2. Maintenance of the Property. (i) Grantor shall promptly repair, restore or
rebuild any part of the Property that may become damaged or destroyed while subject
to the lien of this Deed; (ii) Grantor shall not commit or suffer waste of the
Property; (iii) Grantor shall not commit or suffer to be done or exist on or about
the Property any condition whereby the Property shall become less valuable; (iv)
without prior permission, Grantor shall not remove or demolish any part of the
Property; (v) Grantor shall comply with all applicable laws, ordinances, regula-
tion, covenants, conditions and restrictions affecting the Property, and not suffer
or permit any violations thereof.
3. Rents and Profits. Grantor hereby transfers, sets over and assigns to the
City all rents and profits of the Property from time to time accruing, whether under
leases or tenancies now existing or hereafter created, providing that the Grantor
reserves the right to receive and retain such rents and profits so long as the
Grantor is not in default hereunder.
4. Expenses Incurred in Collection of Secured Indebtedness. Grantor agrees to
pay all expenses incurred in the collection of the indebtedness hereby secured,
including reasonable attorney's fees or a reasonable fee for the services rendered
by the City's Attorney in enforcing any right of the City in the collection of the
indebtedness hereby secured.
Page 2
5. Condemnation Under Eminent Domai% 3udgements~ Awards of Damages~
Settiements~ and Compensation. If the Property, or any part thereof, be
condemned under the power of eminent domain, the proceeds and consideration for such
acquisition to the extent of the full amount then secured by this Deed of Trust, are
hereby assigned by Grantor to the City of Roanoke and shall be paid forthwith and
directly to the City of Roanoke to be applied on account of the then full amount of
the indebtedness hereby secured. Grantor further transfers, sets over and assigns to
the City all judgements, awards of damages, settlements and compensation made in con-
nection with or in lieu of (ii any damage to or destruction of the Property by
casualty, and (ii) any other injury or damages to the Property. The City is
authorized and empowered (but not required) to collect and receive any such sums
and is authorized to apply them in whole or in part to the reduction of the Secured
Indebtednesses and/or to the performance of the Secured Covenants.
6. Default in Payment of Indebtedness. Grantor agrees that if default be made
in the payment of the indebtedness or covenants hereby secured, the Trustees (i) may
take possession of the real estate, or any part hereof, and lease in the name of and
for the account of Grantor, or in the name of and for the account of its then owner;
or (ii) may give notice of such default to the lessee of the Property in the event it
shall have been leased by the Grantor, and thereafter collect the rents from the
lessee. In either of such events, the Trustees shall deduct from such rents all
costs of collection and administration and apply the net proceeds to the Secured
Indebdtedness. The Trustees are hereby empowered to bring in their names, or each of
them, or in the name of the owner of the Property, any suit or action they may deem
advisable for the enforcement of the provisions of this clause to the same extent as
if the Trustees were then lessor of the Property, but the Trustees shall be in no way
personally liable under any of the provisions of such lease or of this clause, and
shall not be personally liable to any person by virtue of their possession of the
Property or by virtue of their acting under any provision of this clause, except to
the extent of accounting for rents actually received by them hereunder. The rights
and remedies given under this clause are in addition to and not in lieu of those
given by law or by other clauses of this deed, and may be exercised without pred-
judice to such other rights and remedies.
7. Default and Payment of Taxes or Assessments. Grantor further agrees that in
the event of default, or in the payment of any taxes or assessments, the City of
Roanoke may pay same, and all sums so advanced shall immediately attach as a lien
hereunder, and be payable on demand. Upon failure or inability faithfully and fully
to keep and perform any of the other conditions or covenants herein provided, then
upon any and every such default so made as aforesaid, it is expressly covenanted and
agreed by Grantor that the City of Roanoke may, after thirty days default, treat the
whole principal debt and interest thereon hereby secured as thereupon immediately
due and payable, and shall, in order to recover said principal debt or sumand
interest, have the right then or thereafter at any time to sue thereon at law or in
equity, or to enforce payment thereof by means of any remedies or provisions in
this instrument contained, and these rights shall exist notwithstanding that, by
the terms of the note or notes hereby secured, they may not on their face be due.
8. Advertisement For Sale. In the event of default occurring as described in
the preceding paragraph, then the Trustees, their successors or assigns, on being
requested to do so by the City of Roanoke, shall sell for cash the Property, after
first advertising the time, place and terms of sale once a week for two weeks in some
newspaper published in, or having a general circulation in, the county, city or town
wherein the Property lies, or by any method of advertisement that the Trustees may
deem advisable.
Page 3
9. Entry and Receivership. In the event of any default hereunder and irrespec-
tive of whether the City accelerates the maturity of all indebtednesses secured
hereby, the City may exercise the rights and remedies provided herein. In addition,
in the event of such default, the City, upon the City's written demand to the
Trustees, or the Trustees, without notice, may enter upon and take possession of the
Property or any part thereof, and perform personally or by their agents any acts
which the City or the Trustees deem necessary or proper to operate, manage and con-
serve the Property and]or have a receiver appointed.
10. Postponement or Continuance of Sale. If at the time of the sale the said
Trustees, or the one acting, shall deem it best for any reason to postpone or con-
tinue said sale for one or more days, they or he may do so, in which event, notice of
such postponement or continuance shall be made in such manner as the Trustees, or the
one acting, may deem sufficient. It is further agreed that if the said property
shall be advertised for sale as herein provided and not sold, the Trustees, or the
one acting, shall be entitled to one-half the commission by law provided, to be com-
puted on the amount of the principal then unpaid.
il. Written or Oral Representations of Default. Grantor further covenants that
the Trustees may rely upon the written or oral representations of the City of Roanoke
that this Deed of Trust is in default, and all action taken pursuant to notice of
default and request for foreclosure shall be binding upon Grantor, the Trustees and
those claiming through or under them.
12. Quiet Use~ Possession and Management. Until default in the payment of the
indebtedness hereby secured~ or the breach of one or more of the covenants of the
note(s) evidencing the said indebtedness, or of this Deed of Trust, or the happening
of any event which would constitute a default under the terms hereof, Grantor shall
remain in quiet use, possession and management of the Property, and in enjoyment of
the income, revenue and profits therefrom~ subject to the terms of this Deed.
13. Heirs~ Executors) Administrators~ Successors and Assigns. The covenants
contained herein shall bind, and the benefits and advantages shah inure to, the
respective heirs, executors, administrators, successors and assigns of the parties
hereto. Whenever used, the singular number or noun shall include the plural and the
plural the singular.
1#. Sales and Transfers Prohibited. During the period that the Note, is
secured by this Deed~ the Grantor will not, without the prior written consent of
the City, sell, assign, convey or transfer, nor suffer or permit any sale, assign-
ment, conveyance or transfer of ali or any part of any interest in the Property or
any other security hereunder. Any permitted sale, conveyance or transfer shall be
on terms and conditions as the City shall prescribe. If all or any part of the
Property or interest therein is sold~ transferred or leased by the Grantor, or he
contracts to sell, transfer or lease the same, without the prior written consent of
the City of Roanoke, the City, at its option, may declare all sums hereby secured
to be immediately due and payable. No sale of the Property, forebearances on the
part of the City or extension of time for the payment of the Secured lndebtednesses
given by the City shall operate to release, discharge, modify, change or affect the
original liability of the Grantor herein either in whole or in part.
Page
15. Insurance. Grantor shall maintain property and casualty insurance for the
full replacement cost of the Property, and to maintain policies of insurance against
other such hazards, casualties and contingencies as the City may require, with all
such policies to be in form satisfactory to, and in insurance companies approved by,
the City. The proceeds of any such insurance shall be applied to the full repayment
of the Secured [ndebtednesses. Such policy or policies shall, at the option of the
City, be directed to and held by the City without liability.
16. Rights of City to Remedy Defaults. (a) If the Grantor defaults in payment
of any sums or in the performance of any act required to be paid or performed by the
Grantor under the provisions of any ol the covenants herein, the City may, at its
option, make payment thereof or perform any act required of the Grantor, to such
extent and in any form or manner deemed expedient by the City, and pay any other
sums, expenses, and charges including attorneys' fees which the City deems necessary
and appropriate therefor. The City shall be the sole judge of the validity, priority
and amount of any such claim so paid by it and the necessity for the performance by
the City of any such act which the Grantor was required but failed to perform. The
City at its option, shall be subrogated to any encumbrance, lien, claim or demand
which it has paid under the provisions hereof and any such subrogation rights shall
be additional and cumulative security to those set forth in this Deed and as provided
by law. (b) Upon the payment of any sums or performance of any act which the Grantor
fails to pay or to perform, the amount so paid or the cost of performing any such
act, together with other sums paid or incurred by the City (including charges~ expen-
ses and attorneys' fees deemed necessary or appropriate by the City to effect such
payment or to perform such act) immediately and without demand~ shall be paid by the
Grantor to the City. The foregoing amounts shall be secured hereby.
17.
Rehabilitation. (a) The Grantor agrees that it will comply with the provi-
sions of all applicable federal, state and local laws prohibiting
discrimination in housing and that the Grantor, to the extent it has
employees, and all of Grantor's contractors and subcontractors engaged
in the construction, rehabilitation, or management of the Property,
shall provide an equal opportunity for employment without unlawful
discrimination. (b) The provisions of this paragraph shall apply
during the period when the Secured Indebtedness is secured by this
Deed.
(i)
a. The Grantor shall commence and proceed with the rehabilitation
with all practical dispatch, and in an economical~ efficient and
good and workmanlike manner, in compliance with the Plans and in
accordance with the provisions hereof and with all applicable
laws.
b. The Grantor shall commence and proceed with the provision or
the performance of the labor, services or materials necessary to
install, construct or complete those improvements in accordance
with the work write-up or the plans and specifications for the
Property which were submitted to and approved by the City (such
write-up or plans and specifications are referred to herein as
the "Plans"). lhe Plans are incorporated herein by reference.
Page 5
c. In the event that any proceeding or authorization is required
by any applicable law or regulations either to enable the Grantor
to execute, deliver or perform its duties hereunder or to undertake
and complete the Rehabilitation, the Grantor will take all steps
necessary including the payment of license and permit fees, to
secure such approval, or to comply with such law or regulation.
d. The Grantor shall not permit any changes to the Plans without
the approval of the City. Any desired changes must be approved by
a change order signed by the Grantor and the Building Commissioner
or the Assistant Building Commissioner for the City of Roanoke.
(ii) It is agreed that the Grantor shall execute a Construction
Disbursement Agreement and that the method of payment to Grantor of
amounts disbursed in escrow pursuant to that Construction Disbursement
Agreement this day and evidenced by the Note shall be governed by the
terms and provisions of the Construction Disbursement Agreement dated
, 19__, and incorporated herein by reference.
(iii)a. The Grantor understands that the City is subject to the
requirements of the Virginia Housing Partnership Revolving Fund
Guidelines as amended from time to time (referred to herein as
the "Fund Guidelines"). The Grantor hereby covenants and agrees
to comply with the Fund Guidelines and agrees not to act or fall
to act in any way which would cause the City to be in non-
compliance with any of the Fund Guidelines.
b. 9Vithout in any way limiting the foregoing) and without the
prior written consent of the City) the Grantor shall not rent to,
or otherwise allow occupancy of the Property by, any person or
family other than the the Grantor and his family (who, shall at
the time of execution of this Deed, have an annual gross income
less than or equal to 80% of the median family income as deter-
mined by the Virginia Housing Partnership Revolving Fund for the
applicable market area), for a period to expire eight years from
the date hereon, and after this eight year period the Grantor
shall not rent to, or otherwise allow occupancy of the Property
by, any person or family who, shall at the time of occupancy,
have an annual gross income greater than 80% of the median family
income as then determined by the Virginia Housing Partnership
Revolving Fund for the applicable market area. The Grantor
shall examine and determine the income and eligibility of any
person or family who is to rent or occupy the Property and shall
report such determination to the Virginia Department of Housing
and Community Development, or its assigns, in such form as it
shall require. Such examination and determination shall be made,
and such report shall be submitted to the City for approval prior
to initial occupancy of the Property by such person or family.
The Grantor will not permit the use of the Property except as a
single family residence without the prior approval of the City.
Page 6
18. Approvals and Authorizations, All approvals and authorizations under this
Deed of Trust shall be in writing from the Building Commissioner or the Assistant
Building Commissioner for the City of Roanoke,
19, Events of Default. Any one or more of the following events shah consti-
tute a default under this Deed;
(a) Default in the payment of any portion of the Secured Indebtedness
or any installment thereof, whether principal, interest, when and as the
same shah become due and payable, whether at maturity or by acceleration
or otherwise; or
(b) Default in the due performance or observance of any Secured Covenantl
or
(c) Misrepresentation or omission by the Grantor of any material fact
in the Application, any supplements or amendments thereto or in or with
respect to any document or information furnished pursuant thereto.
(d) If the Grantor shall be involved in financial difficulties as eviden-
ced: (i) by an admission in writing of its inability to pay its debts
generally as they become duel (ii) by filing a petition in bankruptcy or
for the adoption of an arrangement under the National Bankruptcy Act (as
now or in the future amended) or an admission seeking the relief therein
provided; (iii) by making an assignment for the benefit of creditors;
(iv) by consenting to the appointment of a receiver or trustee for all or a
substantial part of its assets or to the filing of a petition against it
under said Bankruptcy Act; (v) by being adjudicated a bankrupt; (vi) by
the entry of a court order appointing a receiver or trustee for all or a
substantial part of the assets of Grantor or approving as filed in good
faith a petition filed against it under said Bankruptcy Actl (vii) by the
assumption of custody or sequestration by a court of competent jurisdiction
of all or substantially all of the assets of the Grantor; (viii) by an
attachment for an amount in excess of $5,000 on any substantial part of the
assets of the Grantor which shall not be discharged within thirty (]0) days
from the making thereof; (ix) by a judgement or decree for the payment of
money in excess of $5,000 being entered against the Grantor, or if an
attachment, execution or levy is made upon any of its assets and the judge-
ment, execution or levy, as the case may be, is not discharged or stayed
within thirty (]0) days from the date of the judgment, attachment, execu-
tion or levy as the case any bel or (x) by default under any deed of trust
recorded prior to this Deed.
20. Delay. No delay by the City or the Trustees in exercising any right or
remedy hereunder or otherwise afforded by law shall operate as a waiver thereof or
preclude the exercise thereof during the continuance of any default hereunder.
21. Remedies Cumulative. No remedy herein contained or conferred upon the City
or the Trustees is intended to be exclusive of any other remedy or remedies afforded
by law or by the terms hereol to the City or the Trustees, but each and every such
remedy shall be cumulative and shall be in addition to every other remedy given
hereunder or now or hereafter existing at law or in equity.
Page 7
22. Headings. The headings herein are inserted for convenience of reference
and in no way define, limit or describe the scope or intent of this Deed, or of any
particular provision thereof, or the proper construction thereof.
23. Entire Agreement. This writing, and all documents referred to herein,
constitute the entire agreement. No modification of this writing shall be made
without written consent of the Grantor and the City.
2#. Enforceability. If any term or provisions of the Deed of Trust is invalid
or unenforceable to any extent, the remainder of this Deed of Trust will not be
affected.
25. Notice. Any notice, demand or other communication required or otherwise to
be sent or delivered to City shall be sent by first class mail to:
Housing Development Office, Administrator
215 Church Avenue St!/
Room 170 - Building Department
Roanoke, VA 24011-1592.
Upon the payment of all Secured Indebtednesses and upon the performance of all
Secured Covenants, the Grantor covenants to pay the expenses of releasing this Deed.
WITNESS the following signatures and seals.
(SEAL)
(SEAL)
STATE OF VIRGINIA
CITY OF ROANOKE, to wit:
day of
The foregoing instrument was acknowledged before me this
., 19 by
My commission expires:
NOTARY PUBLIC
Page 8
EXHIBIT A
Property Description
Page
CONSTRUCTION DISBURSEMENT AGREEMENT
day of
"City").
THIS CONSTRUCTION DISBURSEMENT AGREEMENT ("Agreement") made this
, 19~, by and between
(the "Mortgagor"), and the City of Roanoke (the
WITNESSETH
WHEREAS, pursuant to the Home Purchase Assistance Program, the City of
Roanoke (the "City") has agreed to make a Home Purchase Assistance Program Loan (the
"Loan") to the Mortgagor to be evidenced by a deed of trust note (the "Note") and to
be secured by a deed of trust (the "Deed of Trust") of even date herewith;
WHEREAS, the Loan is to provide in part, financing for the Rehabilitation,
as defined in the Deed of Trust, in accordance with and subject to the terms and con-
ditions set forth therein; and
WHEREAS, the Deed of Trust requires that the Mortgagor shall execute a
Construction Disbursement Agreement governing the disbursement of some of the
proceeds of the Loan to be held in an account (the "Account") with the City of
Roanoke subsequent to closing on the purchase of the property in questionl and
WHEREAS, the City is willing to establish and administer the Account
· for the aforesaid purpose; and
WHEREAS, in accordance with the Deed of Trust, the Mortgagor and the City
desire to set forth the terms and conditions upon which the proceeds of the Loan
for the Rehabilitation are to be held and disbursed2
NOW, THEREFORE, for good and valuable consideration, the Mortgagor and the
City hereby agree as follows:
The proceeds in the amount of
($
(the "Funds"), said proceeds representing a portion of the Loan, shall on the
date hereof be disbursed to the Mortgagor and thereupon deposited into the
Account, and shall hereafter be held in the Account by the City and shall be
disbursed therefrom by the City in accordance with the following terms and con-
ditions:
a. Upon request by the individual or entity identified as the Mortgagor's
contractor,
("Mortgagor's Contractor"), and upon approval of the Mortgagor, said appro-
val to include agreement by Mortgagor of the identification of the Mortgagor's
Contractor, funds shall be disbursed by the City in accordance with the
Disbursement Schedule attached hereto and made a part hereof as Schedule A.
b. On or before the date of each disbursement and as a precondition
thereto, the Mortgagor shall deliver to the City an endorsement to the title
insurance policy (if such a policy was required by the City at closing)
which shall update the effective date of the title insurance policy to the
date of such disbursement and increase the amount of coverage thereunder to
an amount at least equal to the total of the all Loan disbursements,
including such disbursement. Such endorsement shall be subject only to
such exceptions as shall be acceptable to the City.
Page I of 2
c. The final disbursement of the Funds shall be made by the City upon the
request of the Mortgagor's Contractor, the approval of the Mortgagor~ and upon
statisfaction of the following requirements:
(i) The Rehabilitation shall have been completed in accordance
with the work write-up attached hereto and made a part hereof as
Attachment B, and the property shall be made ready for occupancy
in accordance with the requirements of the Deed of Trust.
(ii) A Certificate of Occupancy shall be issued by the Building
Commissioner for the City of Roanoke.
(iii) All funds disbursed pursuant to this Agreement shall be dis-
bursed by check to the Mortgagor's Contractor and the Mortgagor.
d. If the Mortgagor shall fail to complete the Rehabilitation in accor-
dance with the Deed of lrust and the work write-up~ the City may withdraw
and apply the remaining Funds as it it shall deem necessary or appropriate
therefor. The remedies set forth in this subparagraph d shall be in addi-
tion to all rights and remedies provided in the Deed of Trust.
2. Notwithstanding anything to the contrary herein, the City shall not
be obligated to make any disbursement hereunder, if the Mortgagor shall be in
breach of any provisions in this Agreement or shall be in default under the Deed of
Trust.
3. The Funds shall be security under the Deed of Trust for the payment
of the Secured Indebtednesses (as defined therein) and the performance of the
Secured Covenants (as defined therein).
~. This Agreement may not be assigned by the Mortgagor without the writ-
ten approval of the City and shall be binding upon, and shall inure to the benefit
of, the successors and assigns (as so approved) of the Mortgagor.
IN WITNESS WHEREOF, the parties hereto, by their authorized represen-
tations, have set their hands as of the date set forth above.
MORTGAGOR
MORTGAGOR
City of Roanoke
By:
W. Robert Herbert
City Manager
Page 2 of 2
SCHEDULE A
DISBURSEMENT SCHEDULE
The Funds shall be disbursed by the City to the Mortgagor as follows:
1. Two (2) interim progress disbursements when requested by the Mortgagor's
Contractor and approved by Mortgagor as hereafter prescribed, the first on satis-
factory completion of at least fourty percent (#0%) of the value of the work in
accordance with the work write-up, and the second on satisfactory completion of at
[east eighty percent (80%) of the value of the work in accordance with the work
write-up; and a final disbursement of the remainder of the Funds on satisfactory
completion of the work in accordance with the work write-up, the Deed of Trust, and
the Agreement. For purposes of this paragraph, "value of the work" completed shall
mean value of the work actually performed. Materials purchased and stored at the
site shall not be considered in determining value for purpose of interim progress
disbursements.
2. Interim progress disbursements may be requested in writing to the City by
the Mortgagor's Contractor on completion of the percentages of the work completed
as set forth in paragraph I above. Such requests shall certify that the required
percentage value of the work has been completed in accordance with the work write-
up, and shall be accompanied by waivers of liens signed by the Contractor and all
subcontractors and suppliers of work completed and materials furnished to the date
of the disbursement request. On receipt of a request for interim disbursement, the
Mortgagor shall have the work inspected by an inspector from the City of Roanoke
Redevelopment and Housing Authority (the "RRHA"). If the RRHA inspector certifies
to the City that the required percentage value of the work has been completed in
accordance with the work write-up, the Deed of Trust, and the Agreement, the City
will issue a check payable to the Mortgagor and the Mortgagor's Contractor within
15 days after receipt by the City of the RRHA inspector's certification.
3. Final disbursement may be requested in writing to the City by Mortgagor's
Contractor on completion of the work. Such request shall certify that the work has
been completed in accordance with the work write-up and shall be accompanied by
final waivers of liens signed by Mortgagor's contractor and all subcontractors
and suppliers. On receipt of the request for final disbursement, the Mortgagor
shall have the work inspected by the RRHA inspector. Upon the RRHA inspector's
certification to the City that the work has been completed in accordance with the
work write-up, the Deed of Trust, and the Agreement the City shall issue a check for
the remainder to the Contractor and the Mortgagor within 15 days of the reciept of
the RRHA inspector's certification that all conditions of payment have been met.
#. All requests for disbursements shall be submitted in writing to the
Housing Development Office for the City of Roanoke at:
City of Roanoke
Housing Development Office
215 Church Avenue
Room 170 - Building Department
Roanoke~ Virginia 2#011-1592.
CITY OF ROANOKE, VIRGINIA
DEED OF TRUST NOTE
Roanoke, Virginia
$ ,
POR VALUE RECEIVED, the undersigned jointly and severally promise to
pay to the order of the City of Roanoke~ Virginia (the "Noteholder"), the
principal sum of
Dollars ($
with interest on the unpaid principal balance from the first day of the second
month following the month in which closing occurs, until paid, at the rate of
four percent (#%) per annum. The principal and interest shall be payable at the
principal office of the City of Roanoke, Department of Billings and Collections,
or such other place as the Noteholder may designate in writing, in consecutive
monthly installments of
Dollars ($ ) each, on the first day of each month beginning
19__, and continuing on the like day of each successive month thereafter until
the entire indebtedness evidenced hereby is fully paid, except that any
remaining, if not sooner paid, shall be due and payable on the 1st day of
, 19__.
.),
All payments received by the Noteholder on account of this Note shall
be first applied to accrued interest and the residue to reduction of principal.
The undersigned shall pay to the Noteholder a late charge of five
percent (5%) of any installment not received by the Noteholder within fifteen
(15) days of its due date,
If there is a breach of any of the covenants contained in the Deed of
Trust to 3oel M. Schlanger and Wilburn C. Dibling,, 3r., Trustees, of even date
herewith and recorded in the Clerk's Office of the Circuit Court for the City of
Roanoke, which said Deed of Trust secures the debt hereby evidenced, or in the
event that any monthly installment due under this Note is not paid when due and
remains unpaid for a period of fifteen (15) days after written notice is sent,
stating that any of the parties hereto shall be in default, then the entire
principal amount outstanding hereunder and accrued interest thereon shall, at
the option of the Noteholder, immediately become due and payable for all pur-
poses whatsoever, and its collection may be enforced by any remedy in law or in
equity. Failure to exercise such option upon default shall not constitute
waiver of the right to exercise such option upon any subsequent default.
The time of payment of all or any part of the debt hereby evidenced may
be extended or renewed from time to time by the Noteholder, and no such extension
or renewal shall in any way waive or release the liability of anyone in any way
liable for the payment hereof.
The right is reserved to prepay this Note, in whole or in part, on any
installment due date. At the option of the Noteholder, prepayments shall be
applied to reduction of the indebtedness in the inverse order of maturity of the
installments provided for herein.
The loan evidenced by this Note is being made to fi'nance purchase and/or
improvement of certain property pursuant to the Home Purchase Assistance
Program. This Note and the instrument securing the same may be sold, assigned,
transferred by the Noteholder.
Page I of 2
The undersigned makers, and any and aJI endorsers, sureties, guarantors
. and assumers hereof (each a "Party" and collectively the "Parties" hereto),
hereby jointly and severally waive presentment, demand, protest, notices of
dishonor and of protest, the benefits of homestead, and all other waivab[e
exemptions, and all defenses and pleas on the ground of any extension(s) or
renewals of the time of payment or of the due dates of this Note, in whole or in
part, before or after maturity, with or without notice, it being further agreed
by all the makers that they, or each of them, will pay any collection expense,
court costs, and reasonable attorneys' fees which may be incurred in the collec-
tion or enforcement of this Note or any part hereof.
This Note is secured by a Deed of Trust oi even date herewith conveying
real property and other security, which rea[ property is briefly described as
located in the City
of Roanoke, Virginia and more fully described in said Deed of Trust, in which
Trustees are Wilburn C. Dibling Jr., and Joel M. Schlanger.
WITNESS the iollowing signatures and seal.
(SEAL)
(SEAL)
(address)
COMMONWEALTH OF VIRGINIA
) To-wit:
CITY OF ROANOKE )
I hereby certify that the foregoing Deed of Trust Note
was acknowledged before me by
, this day of
My Commission expires:
, 1990.
Notary Public
COMMONWEALTH OF VIRGINIA
CITY OF ROANOKE
This is to certify that this is the Note described in and secured by
Deed oi Trust dated ; 19 , on the Property located in
Roanoke, Virginia.
My commission expires:
Date:
Notary Public
Page 2 of 2
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S W, Room 456
Roanoke. Virginia 24011
Telephone: (703)<381-2541
March 20, 1991
SANDRA H. I~AKIN
Deputy City Clerk
File #255
Mr. ~. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Ordinance No. 30439-31891 providing for an
adjustment of the fees charged at the Municipal Parking Garage,
the Williamson Road Parking Garage and the Market Square Parking
Garage. Ordinance No. 30439-31891 was adopted by the Council of
the City of Roanoke at a regular meeting held on Monday, March
18, 1991.
Sincerely,
Mary F. Parker, CrdC/AAE
City Clerk
MFP:ra
Enc.
pc: Mr.
Mr.
Kit B. Kiser, Director of Utilities and Operations
Stephen A. Mancuso, General Manager, Valley Metro
IN THE COUNCIL OF THE CITY OF ROANOKE,
The 18th Day of March, 1991.
No. 30439-31891.
VIRGINIA,
AN ORDINANCE providing for an adjustment of the fees charged at
the Municipal Parking Garage, the Williamson Road Parking Garage and
the Market Square Parking Garage; and providing for an emergency.
IT ORDAINED by the Council of the City of Roanoke that:
The parking fees in the Municipal Parking Garage (Church
following schedule
BE
1.
Ave hue )
effective July 1,
shall be amended in accordance with the
1991:
Element Rate
Monthly $ 44.00
Each 1/2 hour or portion
thereof .80
Maximum per 24 hours 3.00
After 5:00 p.m. weekdays and
Saturday Free
The parking fees in the Williamson Road Parking Garage shall
be amended in accordance with
Element
Monthly
3. The parking fees in the
amended in accordance with the
Element
Monthly
One Hour
Two Hours
Three Hours
Four Hours
Five Hours and longer
After 6:00 p.m. to closing
After 9:00 p.m. to closing
without attendant
the following schedule effective July 1, 1991
Rate
$ 42.50
Market Square Parking Garage shall be
following schedule effective July 1, 1991:
Rate
$ 50.00
.75
1.50
2.25
3.25
4.25
1.50
Free
4. In order to provide for the usual daily operation of the
municipal government, an emergency is deemed to exist, and this ordi-
nance shall be in full force and effect upon its passage.
ATTEST:
City Clerk.
Roanoke, Virginia
March 18, 1991
Honorable Mayor and City Council
Roanoke, Virginia
Dear Members of Council:
Subject: Transportation Enterprise Fund, GRTC Subsidy, and
Parking Garage Fees
I. Background:
Transportation related facilities owned by the City and
Greater Roanoke Transit Company (GRTC) and whose budgets are
currently reviewed by Council and the GRTC Board of Directors
are as follows:
GRTC subsidy from the General Fund is provided by Council
as part of each fiscal year budget process. This subsidy
is the net amount after deducting operating income,
Campbell Court income, State and Federal subsidies, and
after sharing ATE Management & Service Co., Inc. (ATE)
management fee with the Market Square Garage and the
Williamson Road Garage.
Market Square Garage - Managed by GRTC with rates
established by the GRTC Board of Directors. Net revenue
is paid to the General Fund.
Williamson Road Garage - Managed by GRTC with rates
established by the GRTC Board of Directors. Net revenue
is paid to the General Fund.
Municipal Parking Garage (Church Avenue) - Managed for
the City by Allright Roanoke Parking Company. Rates are
established by City Council. Budget is set up as an
operating department, with insurance, building
maintenance and debt service expenses progran~ned in other
cost centers. Parking revenues do not pay for all
expenses. General Fund currently pays for debt service.
Two surface lots - Currently operated by Allright Roanoke
Parking Company on a month-to-month basis. Ail revenues
are net revenues and are currently deposited into the
General Fund.
New transportation related facilities under contract to be
operated by the City are:
1. Tower Garage
Downtown East Garage - Located beside Fire Station No. 1
Page
Co
State and Federal operatinK subsidy for GRTC is expected to
decrease in FY 92.
Do
Current contract between GRTC and ATE for Valley Metro, Market
Square Garage and Williamson Road Garage management services
will expire in March, 1994. It will be necessary to advertise
for this management service in late 1993 in order to have a
management contract in place beginning in March, 1994. The
likely scenario is that the City will first bid the management
and operation of the parking facilities with GRTC authorizing
its General Manager to bid on the structure. GRTC would then
bid management and operating services for mass transit and any
parking facilities it will operate on behalf of the City.
Two new facilities, Tower Garage and Downtown East Garage, are
proposed to be operated under a management contract to be
advertised in the near future. This proposed contract would
provide management services until March, 1994 at which time
management services for all transportation related facilities
would be advertised. It is anticipated that GRTC will give
authority to its General Manager to bid on the anticipated
operation of these two garages.
II. Current Situation:
Transportation Enterprise Fund is proposed to be established
as part of the FY 92 budget presentation to account for all
these facilities into one fund, with each having its own cost
center to include debt service, insurance, and maintenance.
This budget would be reviewed and approved by Council as part
of the FY 92 budget approval process.
Bo
Tower Garage is projected to be operational October, 1991.
Rates for this structure, as well as for the Downtown East
Garage (to be opened approximately one year later) are to be
established by the Roanoke Redevelopment & Housing Authority
and City Council. These rates are dependent on rates being
charged at other garages.
Co
FY 92 parking rates for the three existing parking structures
need to be established now for budget planning purposes and to
set criteria for the establishment of the Tower Garage parking
rates.
Current rates have been in effect since July 1, 1990 and are
as follows:
Municipal Parking Garage:
Monthly
Each 1/2 hour or portion thereof
Maximum per 24 hours
After 5:00 p.m. and weekends and
Saturday
$42.00
$ .75
$ 3.00
Page 3
Williamson Road Parkin~ Garage:
Monthly $40.00
Market Square Garage:
Monthly $48.00
1 Hour $ .50
2 Hours $ 1.00
3 Hours $ 1.50
4 Hours $ 2.50
5 Hours and Up $ 3.50
After 6:00 p.m. to closing $ 1.00
After 9:00 p.m. to closing $ .50
Eo
Prelease asreement with 111 Franklin Road Joint Venture
provides 250 spaces in the Williamson Road Garage for ten (10)
years. Agreement further provides that 111 Franklin Road will
pay fair market value but not more than $55.00/month/space
beginning July 1, 1996.
Small annual increases have been Council's stated preferred
policy for dealing with parking rate adjustments rather than
infrequent large increases.
III. Issues:
A. Consolidation of transportation related budgets
B. Increased expenses
C. General fund subsidy
D. Valley Metro transit subsidy
E. Modest parking rate increase policy
F. Budget planninR
IV. Alternatives:
A. Council approve the following actions:
i. Establishment of a Transportation Enterprise Fund as
part of the FY 1992 budget deliberation.
ii.
Advertisement for management services to operate and
manage the two new facilities between now and March,
1994.
iii. Establishment of the following parking rate
schedules effective July 1, 1991:
Page 4
Municipal Parking Garage (Church Avenue):
Proposed Current
Monthly $44.00 $42.00
Each 1/2 Hr. or portion
thereof $ .80 $ .75
Maximum per 24 Hours $ 3.00 $ 3.00
After 5:00 p.m. weekdays &
Saturday Free Free
Chan~e
$2.00
$ .05
0
Williamson Road Garage:
Monthly $42.50 $40.00 $2.50
Market Square Parking Garage:
Monthly $50.00 $48.00 $2.00
One Hour $ .75 $ .50 $ .25
Two Hours $ 1.50 $ 1.00 $ .50
Three Hours $ 2.25 $ 1.50 $ .75
Four Hours $ 3.25 $ 2.50 $ .75
Five Hours and longer $ 4.25 $ 3.50 $ .75
After 6:00 p.m. to closing $ 1.50 $ 1.00 $ .50
After 9:00 p.m. to closing
without attendant Free $ .50 ($ .50)
Consolidation of transportation related budgets will be
accomplished.
2. Increased revenue is estimated at $65~792 annually.
General fund subsidy of transit will continue and in fact
increase initially since the subsidy will add debt
service for parking structures to the historical GRTC
subsidy.
Valley Metro Transit Subsidy will be provided by the
Transportation Enterprise Fund. The expected subsidy
increase will be offset by additional net revenue
generated by the parking fee increase.
5. Modest parking rate increase policy will continue.
Budget plannin8 for FY 91-92, projection of revenue and
timing will be enhanced.
Council agree to the parking rate increases stated in
Alternative "A" but decline to consider establishment of a
Transportation Enterprise Fund.
l. Consolidation of transportation related budgets will no
longer be considered. These expenses will be shown at
Page 5
various places in GRTC, General Fund, and Capital Fund
budgets.
2. Increased revenue is estimated at ~65~792 annually.
General Fund subsidy of transit will continue in the
current fashion.
Valley Metro transit subsidy will continue to be provided
by the General Fund.
5. Modest parking rate increase policy will continue.
6. BudRet planninR issues will be resolved.
Council agree to consider a budget format establishing a
Transportation Enterprise Fund but decline to increase parking
fees at this time.
Consolidation of transportation related budgets will
be accomplished as part of the FY 92 budget process.
Increased revenue from parking fee adjustments will not
Occur.
General Fund subsidy of transit will need to be increased
by $65,792 annually to make up for the lost revenue
potential.
Valley Metro transit subsidy will be provided by the
Transportation Enterprise Fund which will in turn be
subsidized by the General Fund to the extent revenues do
not pay for operating cost and debt service.
Modest parking rate increase policy which provides for
small annual increases will not apply.
6. Budget planning for FY 91-92 can proceed.
D. Council refer this matter to budget study.
Consolidation of transportation related budget will be
unresolved at this time.
2. Increased revenue cannot be estimated at this time.
General Fund subsidy of transit will continue in a
fashion to be established at a later date.
4. Valley Metro transit subsidy will be planned in the
format of the current budget structure.
Page 6
Modest parking rate policy will need to be addressed as
part of the budget sessions.
6. BudRet planning will be seriously impaired.
Recommendation: Council agree to the following as set out in
Alternative "A".
A. Establishment of a Transportation Enterprise Fund for FY 92.
Advertisement for management services to manage and operate
the two new structures between now and March, 1994.
Parking rates effective July 1, 1991 as follows:
Municipal Parking Garage (Church Avenue):
Monthly $44.00
Each 1/2 Hr. or portion
thereof $ .80
Maximum per 24 Hours $ 3.00
After 5:00 p.m. weekdays &
Saturday Free
Williamson Road Garage:
Monthly $42.50
Market Square Parking Garage:
Monthly $50.00
One Hour $ .75
Two Hours $ 1.50
Three Hours $ 2.25
Four Hours $ 3.25
Five Hours and longer $ 4.25
After 6:00 p.m. to closing $ 1.50
After 9:00 p.m. to closing
without attendant Free
Respectfully submitted,
City Manager
WRH:KBK:afm
cc: City Attorney
Director of Finance
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S W ,Room 456
Roanoke, Virg~ma 24011
Tetel~hone: (703) 981-2541
March 20, 1991
SANDRA H. EAKIN
Deputy City Clerk
File #237-405
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Resolution No. 30440-31891 authorizing
execution of a contract with Hayes, Seay, Mattern and Mattern,
Inc., to provide engineering services in connection with utility
relocation for the Roanoke River Flood Reduction Project, in the
amount of $58,200.00. Resolution No. 30440-31891 was adopted by
the Council of the City of Roanoke at a regular meeting held on
Monday, March 18, 1991.
Sincerely,
Mary P. Parker, CMC/AAE
City Clerk
MFP:ra
Eno.
pC:
~r. John R. Hildebrand, Hayes, Seay, Mattern & Mattern,
P. O. Box 13446, Roanoke, Virginia 24034
Mr. William F. Clark, Director of Public Works
Mr. Charles M. Huffine, City Engineer
Ms. Sarah E. Fitton, Construction Cost Technician
Mr. Kit B. Kiser, Director of Utilities and Operations
INC.,
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
/he 18th Day of March, 1991.
No. 30440-31891.
A RESOLUTION authorizing the execution of a contract with Hayes,
Seay, Mattern and Mattern, Inc. to provide engineering services in
connection with utility relocation for the Roanoke River Flood
Reduction Project.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The City Manager or the Assistant City Manager and the City
Clerk are hereby authorized, for and on behalf of the City, to execute
and attest, respectively, an agreement with Hayes, Seay, Mattern and
Mattern, Inc. for the provision by such firm of utility relocation
engineering design services, as more particularly set forth in the
March 18, 1991 report of the City Manager to this Council.
amount
3.
the City
The contract authorized by this resolution shall be in the
of $58,200.00.
The form of the contract with such firm shall be approved by
Attorney.
ATTEST:
City Clerk.
Roanoke, Virginia
March 18, 1991
Honorable Mayor and City Council
Roanoke, Virginia
Dear Members of Council:
Subject: Roanoke River Flood Reduction Project
- Utility Relocation
I. Back~round:
Utility Relocation is one of the City of Roanoke's primary
responsibilities (financial and manpower) for the Roanoke
River Flood Reduction Project. This responsibility includes
producing plans, acquiring necessary easements and admi-
nistering the actual relocation of utilities in conflict with
the Roanoke River Flood Reduction Project.
B. Utility Relocations have been determined to be required by
review of the Project General Design Memorandum.
II. Current Situation:
City staff advertised Request for Proposals for interested
firms to design City owned utility relocations. Based on
initial responses to the advertisement, a staff committee,
consisting of Charles M. Huffine, P.E., City Engineer, John
A. Peters, III, P.E., Project Manager, and Earl Sturgill,
Civil Engineer, interviewed the following firms deemed fully
qualified, responsible, and suitable:
1. Hayes, Seay, Mattern & Mattern, Inc.
2. Mattern & Craig, Inc.
3. Lumsden Associates, P.C.
4. T. P. Parker & Son
5. Spectrum Engineering
Hayes~ Seay~ Mattern & Mattern~ Inc. after ranking of quali-
fications, was determined by the committee to be top ranked
offeror on basis of professional qualifications and proposed
services. Subsequent negotiations resulted in a contract and
a scope of work for Phase I (Preliminary Design) that was
determined to be acceptable by all parties. The negotiated
fee is $58~200.00.
Page 2
Phase I (Preliminary Design) will involve identification of
limits of needed relocations, determination of quautities,
development of design concept planning, etc.
Phase II (Plans and Specification Design) contract will be
presented to Council for recommended approval after nego-
tiations once Phase I is complete.
III. Issues:
A. Local Cooperative Agreement
B. Timing
C. Cost
IV. Alternatives:
Award a contract with Hayes, Seay, Mattern & Mattern, Inc.
for Phase I of Utility Relocation Design with a lump sum fee
of $58~200.00.
1. Local Cooperative Agreement need for utility relocation
prior to construction would be met.
2. Timing for project construction would be met.
3. Cost is reasonable for services provided.
B. Do not award a contract with Hayes, Seay, Mattern & Mattern,
Inc. for Utility Relocation.
1. Local Cooperative Agreement need for Utility Relocation
would not be met.
2. Timing for utility relocation would not be met.
3. Cost is a moot issue.
V. Recommendation: Alternative "A", authorize the following:
Award a lump sum contract with Hayes, Seay, Mattern &
Mattern, Inc. for a Phase I of Utility Relocation for
$58~200.00. Funding is available in Roanoke River Flood
Reduction Account No. 008-056-9652-9003.
B. Authorize the City Manager to execute an appropriate
contract, in a form approved by the City Attorney.
Page 3
WRH/JAP/mm
cc: City Attorney
Director of Finance
Director of Public Works
Director of Utilities & Operations
City Engineer
Construction Cost Technician
Respectfully submitted,
W. Robert Herbert
City Manager
1315 Franklin Road
P.O. Box 13446
~anoke, Virginia 24034
(703) 857-3100
FAX (703) 857-3180
Hayes, Seay, Mattern & Mattern, Inc.
ARCHITECTS · ENGINEERS ° PLANNERS
30 January 1991
Roanoke, VA
Rockville, MD
Virginia Beach, VA
Greensboro, NC
Mobile, AL
Raleigh, NC
Spartanburg, SC
Florence, SC
Charlotte, NC
Lynchburg, VA
Mr. Charles E. Huffine, P. E.
City Engineer
City of Roanoke, Virginia
Municipal Building
215 Church Avenue
Roanoke, VA 24011
Re:
Concept Planning for
Utility Relocations
Roanoke River Flood Reduction Project
City of Roanoke, Virginia
A&E Proposal No. 9258
Attn: Mr. John Peters
Dear Sir:
In accordance with discussions with your staff, we have examined
several different approaches to designing and preparing contract
plans, specifications and cost estimates for the Relocation of
Sanitary Sewers and Water Mains affected by the Roanoke River
Flood Reduction Project.
One of our principal concerns has been to find, prior to design,
an economical method for determining the location of only those
facilities affected by the Flood Reduction Project bench cuts and
training and retaining walls. We have concluded that the most
efficient approach would be to prepare Concept Plans based on the
City's survey, which delineates those existing facilities that
can be located by reasonable effort, City and HSMM as-built
records of sanitary and water facilities and field locations of
water mains located by the City Water Department. We believe
this data would be more than adequate for establishing the
Concept Plan for relocating/adjusting affected sanitary sewers
and water mains. The Concept Plan would provide a sound basis
for final design and would also identify critical areas where the
survey and record data might not provide sufficient detail for
final design.
This approach would allow the City and HSMM to have a much better
understanding of final design requirements, including engineering
and construction costs, and it would limit the need for underground
exploration of existing facilities to critical areas, none of
which can be reasonably estimated at this time.
Mr. Charles E. Huffine, P. E.
30 January 1991
Page 2
We are therefore submitting for your review and approval our
proposal for Concept Planning for Utility Relocations, Roanoke
River Flood Reduction Project. Our Estimated Cost for Concept
Planning is $58,200, and we propose to complete the work within
four months from your notice to proceed, including two weeks each
for City and Wilmington District reviews.
We also propose that the formal agreement with the City include
engineering services for final design, preparation of contract
documents and services during construction, with the fee for
these services to be established after City approval of the
Concept Plans. Any difference between actual billings and the
Total Estimated Cost for Concept Plans would be applied to the
Final Design Phase.
Very truly yours,
HAYES, SEAY, MATTERN & MATTERN, INC.
JRH/st
Hayes, Seay, Mattern & Mattern, Inc.
ARCHITECTS * ENGINEERS - PLANNERS
FEE PROPOSAL
FOR
CONCEPT PLANNING
FOR
UTILITY RELOCATIONS
ROANOKE RIVER FLOOD REDUCTION PROJECT
CITY OF ROANOKE, VIRGINIA
A&E PROPOSAL NO. 9258
22 OCTOBER 1990
REVISED 30 JANUARY 1991
HAYES, SEAY, NATTERN & HATTERN, INC.
ARCHITECTS-ENGINEERS-PLANNERS
ROANOKE, VIRGINIA ROCKVILLE, MARYLAND
CONCEPT PLANNING
FOR
UTILITY RELOCATIONS
ROANOKE RIVER FLOOD REDUCTION PROJECT
CITY OF ROANOKE, VIRGINIA
A&E PROPOSAL NO. 9258
22 OCTOBER 1990
REVISED 30 JANUARY lg91
TABLE OF CONTENTS
Basis of Proposal
Manhour Estimate
Fee Estimate
Estimated List of Drawings
Project Approach
Page
1
2
4
6
7
CONCEPT PLANNING
FOR
UTILITY RELOCATIONS
ROANOKE RIVER FLOOD REDUCTION PROJECT
CITY OF ROANOKE, VIRGINIA
A&E PROPOSAL NO. 9258
22 OCTOBER 1990
REVISED 30 JANUARY 1991
BASIS OF PROPOSAL
Our proposal to prepare Concept Plans, Outline Specifications and Construction
Cost Estimates for the relocation/adjustment of existing sanitary sewers and
water mains affected by the Roanoke River Flood Reduction Project is based
on the following conditions. The Concept Plans will provide the basis for
and be incorporated into Final Design, preparation of Contract Plans and
Specifications and Construction Cost Estimate. The estimated engineering
costs for the final work will be negotiated following City approval of the
Concept Plans.
The City of Roanoke {"the City") will furnish 1"=50' base maps indicating all
topographic features, including existing public and private utility systems
{gas, telephone and electric power), contours at an interval of two feet,
descriptions and coordinate data for the base lines and bench marks from
which existing sanitary sewer and water main facilities were located; and,
complete and final plans and specifications and subsurface geotechnical
report for the Wilmington District Corps of Engineers {"WDCOE") Flood
Reduction Project.
The location of existing sanitary and water systems within the project area
will be based on the City's survey and records, HSMM records, from field
investigation by the City Water Department, and on WDCOE drawings, Bench Cut
& Rec. Trail Plan, Sheets 24 through 64 of 117.
Cost Estimate will be prepared on basis of unit prices which combine labor,
material and equipment costs, contractor mark-up and profit in a single
figure.
Private utility companies {APCO, C&P, Roanoke Gas) will prepare plans for
adjusting their facilities affected by the flood reduction and utility
relocation projects. HSMM will meet with these companies and provide
assistance and data indicating the location and dimensions of the utility
relocations and flood reduction works.
CONCEPT PLANNING FOR
UTILITY REL§CATIONS
ROANOKE RIPER FLOOD REDUCTION PRUdECT
CITY OF ROANOKE, VIRGINIA
A&E PROPOSAL NO.
UCTQBER 22, 1~0
REVISED dANUARY 30, I~1
MANNDUR ESTIMATE
PM - PROJECT MANAGER
E - ENGINEER
DT - BESIGN TECHNICIAN/DRAFTSHAN
C - CLERICAL
1
PREPARE UTILITY BASE ~APS (APPRUX. )0 PLAN SHEETS)
A. SUPPLEMENT 1"=50' UTILITY BASE HAPS PREPARED BY TPP
WITH RECORD DATA FRON CITY & NSM~ FILES & WDCOE PLANS
TO PRDUIDE AS COMPLETE A DELINEATION OF EXISTING
SANITARY & WATER FACILITIES AS POSSIBLE.
2
8. CD~PILE OR REPRODUCIBLE COPIES OF THE UTILITY BA~E
MAPS THE PROPOSED FLOOD REDUCTION WORRS (BENCH CUTS,
GABIONS, TRAINING WALLS & RETAINING WALLS)
WHICH ARE LOCATED DUER EXISTING WATER
& SEWER LINES.
C. BASED ON PLANS OF EXISTING FACILITIES PREPARED
UNDER A. ABOUE, REQUEST CITY WATER DEPT. TO LOCATE
(WITH STAKES) WATER ~AINS CROSSING THE PROPOSED FLOOD
REDUCTION WORKS.
O. RELATE WATER OAIN LOCATIONS BY CITY WATER
DEPARTMENT TO EXISTING TOPOGRAPHIC FEATURES &
PLOT ON UTILITY BASE HAPS. (2 ~EN e ) DAYS IN FIELD~
] DAYS PLOTTING)
PREPARE CONCEPT PLANS
A. DETERMINE ALL WATER & SEWER CONFLICTS WITHIN FLOOD
BUCTION WORKS. ESTIHATED 20 SHEETS INUDLUED WITH
ACTUAL CONFLICTS.
B. CONDUCT FIELD RECONNAISSANCE & DETERMINE & LAY OUT
UTILITY RELOCATIONS; DEUELDP SOLUTIONS (REPLACE-IN-
KIND BASIS) DH COPIES DF UTILITY BASE HAPS (ITEfl
THESE WILL BE "CONCEPT PLANS."
C. PLOT GROUND LINE PROFILES & GRADES OF ALL UTILITY RE-
LUCATIONS--PROFIL[ SHEETS REOUIRED AT SCALE OF
1"=OP. INCLUDE IN "CONCEPT PLANS."
D. PREPARE OUTLINE SPECS.
12 40 120
8 32 64
4 16 8 2
4 24 49
8 80 16
8 64 64
8 24
4 24
64
12
172
104
76
104
40
CONCEPT PLANH[HG FOR
UTILITY RELOCATIONS
RQANUKE RIVER FLOOD REDUCTION PROJECT
CITY DF RUAHDRE, VIRGINIA
A&E PROPOSAL NB. 9258
OCTOBER 22, 1990
REVISED JANUARY 30, 1791
MANNOUR ESTIMATE (CONTINUED)
Pti - PROJECT MAHAGER
E - ENGINEER
DT - DESIGN TECHNICIAH/DRAFTSHAN
C - CLERICAL
Em PREPARE CONCEPT COST ESTIMATE 1) DEUELHP UNIT PRICES
2) ~UANTITY TAKEOFF
3) TABULATIDH & EXTEHSIOH
F. SUBMIT "CONCEPT PLANS" TO CITY FOR REVIEW &APPROUAL;
CONDUCT REUIEW MEETING & COMPILE CDNFEREHCE SUM~ARY.
G. INCORPORATE CITY REUIEU COMMENTS.
H. SUBMIT CONCEPT PLANS TO WOCOE; RECEIVE COMHENTS IN
HEETIHC AT UILHINGTON~ RESDLUE ALL OUESTIONS, PARTICU-{
LANLY RELOCATIONS TO BE INCLUDED IN FLOG0 REDUCTION
PLANS.
I. INCORPORATE ~DCDE CD~NENTS INTO FINAL CONCEPT PLANS
UHICH WILL BE BASIS OF FINAL DESIGN.
J. MEET WITH APCO, C&P AND NOANOIKE GAS AND PNDUIDE
CONCEPT PLAHS AND AUAILABLE DATA UN WHICH THESE
PRIVATE UTILITY COMPANIES COULD PREPARE NECESSARY
ADJUSTHENT PLANS.
TDTAL
16
12
12 12
24
8
24
16 16 4
16 32
4O
16
16
I
28
44
36
l
88
l
l
I
l
113 420 480 32 I 104-5
UTILITY RELOCATZQNS
ROANOKE RIgER FLO~9 REDUCTZDN PRD~ECT
CITY OF ROANOKE, glRCINIA
A&E PROPOSAL NO. ?258
OCTOBER 22,
FEE ESTIMATE - CONCEPT PLANNING
CATEGORY MANHDURS RATE COST
FRDJECT MANAGER 113 $36.64 $4140.)2
ENGINEER 420 $21.54 $9046.80
DESIGN TECHNICIAN/DRAFTSMAN 480 $14.7~ $?070.40
CLERICAL 32 $~.05 $289.~0
ESTINATED SALARY $20547.12
LABOR 8UERHEAb
SUBTOTAL
APMIR OUERHEAP
SUBTOTAL
NDNSALARY COSTS (SEE ATTACHED)
TRAUEL
PRINTIHG
~ISCELLANEOUS
SUBTSTAL
PROFIT
TOTAL ESTIMATED COST, CONCEPT PLANNING
SAY
99.00Z
$850.00
$606,00
$255.00
15.00X
$8013.38
$28560.50
$203ql.65
$48902.1§
$1711.00
$50613.15
$75~1.97
$58205.12
$58200.00
CONCEPT PLANNING FOR
UTILITY RELUCATIOkS
ROANOKE RIUER FLUOO REDUCTION PROJECT
CITY DF ROANOKE, UIRGINIA
A&E PROPOSAL HD. 9258
OCTOBER 22,
REUISEP JANUARY 90, 19~1
ESTIMATE OF RONSALARY COSTS - CONCE?T PLANKING
TRAUEL
1 NILMINGTOk TRIPS - 2 MER
2 ~T AIRFARES e
2 OAYS PER OIEM e
$)50.00
$75.00
TOTAL TRAUEL
$700.00
$850.00
PRINTING
CONCEPT REVIEW PLANS - C/R
~DCOE
UTIL
HSMM - I PRINT & 1 SEPIA
24 SETS X 24 SHEETS X 6 SF X $0.14/SF
1 SET X 24 SHEETS X 6 SF X $0.80/SF
TOTAL PRINTING
10
8
1
$484.00
$122.00
$606.00
MISCELLANEOUS
LONG DISTANCE TELEPHDNE~ POSTAGE, ETC
$25~.00
CONCEPT PLANNING
FOR
UTILITY RELOCATIONS
ROANOKE RIVER FLOOD REDUCTION PROJECT
CITY OF ROANOKE, VIRGINIA
A&E PROPOSAL NO. 9258
22 OCTOBER 1990
REVISED 30 JANUARY 1991
1
2
3
4-23
24
ESTIMATED LIST OF CONCEPT DRAWINGS
Cover Sheet
Sequence of Construction - Maintenance of Flow
Sequence of Construction - Maintenance of Flow
20 Plan and Profile Sheets
Reconnection Details for Existing Sanitary Sewers
CONCEPT PLANNING
FOR
UTILITY RELOCATIONS
ROANOKE RIVER FLOOD REDUCTION PROJECT
CITY OF ROANOKE, VIRGINIA
A&E PROPOSAL NO. 9258
22 OCTOBER iggo
REVISED 30 JANUARY 1991
PROJECT APPROACH
Review base mapping of utility systems located within limits of the Roanoke
River Flood Reduction Project prepared by others and WDCOE plans for the
Flood Reduction Project.
Supplement base mapping with City and HSMM as-built record data and field
location of water mains by the City Water Department to provide as complete
a delineation of the location of existing sanitary sewers and water distri-
bution facilities as possible.
Prepare relocation concept design, plans and cost estimate for all affected
sanitary sewers and water distribution facilities. Concept review and
approval by the City.
Meet with and advise APCO, C&P, Roanoke Gas and other private utilities of
impact of the Utility Relocations Project on their facilities, as applicable.
Provide available data on schedules for construction of Flood Reduction and
Sanitary Sewer/Water Distribution Relocation Projects to enable private
utility companies to schedule relocation of their facilities.
Coordinate concept plans for Sanitary Sewer/Water Distribution Relocations
with Wilmington District COE {WDCOE). Where the optimum relocation of a
sanitary sewer or water distribution facility can be attained within the
limits of the Flood Reduction Project, provide Concept Plans to WDCOE for
inclusion in the Flood Reduction Contract and coordinate project interfaces.
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
2 ? 5 Church ~.venue, S w, Room 456
Roanoke, Virginia 2~,011
Telephone: (703) 981-2541
March 20, 1991
SANDRA H. EAKIN
Deputy C~:y Clerk
File #102
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attachinq copy of Ordinance No. 30442-31891 accepting the
bid of Lanford Brothers Company, Inc., for repairs to the Old
Mountain Road Bridge, in the total amount of $112,047.00 and
rejecting all other bids received by the City for said project.
Ordinance No. 30442-31891 was adopted by the Council of the City
of Roanoke at a regular meeting held on Monday, March 18, 1991.
Sincerely, ~~
~ary F. Parker, CMC/AAE
City Clerk
MFP : ra
Eric o
pc: Mr. Joel M. Schlanger, Director of Finance
Mr. William F. Clark, Director of Public Works
Mr. Charles M. Huffine, City Engineer
Ms. Sarah E. Fitton, Construction Cost Technician
Mr. Kit B. Kiser, Director of Utilities and Operations
dr. Barry L. Key, Manager, Office of ~anagement and Budget
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S W, Room 456
Roanoke. Virginia 24011
Telephone: (703) 981-2541
March 20, 1991
SANDRA H. EAKIN
Deputy City Clerk
File #102
Mr. Edmund Pendleton, Jr., President
Southwestern Virginia Development Corporation
P. O. Box 214
Wytheville, Virginia 24382
Dear Mr. Pendleton:
I am enclosing copy of Ordinance No. 30442-31891 accepting the
bid of Lanford Brothers Company, Inc., for repairs to the Old
Mountain Road Bridge, in the total amount of $112,047.00 and
rejecting all other bids received by the City for said project.
Ordinance No. 30442-31891 was adopted by the Council of the City
of Roanoke at a regular meeting held on Monday, March 18, 1991.
On behalf of the Mayor and Members of City Council, I would like
to express appreciation for submitting your bid on the above-
described project.
Sincerely, ~
Mary F. Parker, CMC/AAE
City Clerk
MFP:ra
~nc.
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S W, Room 456
Roanoke, Virgm*a 24011
Telephone; (703)981-2541
March 20, 1991
SANDRA H. EAKIN
DepuTy C~zy Clerk
File #102
Mr. William H. Robertson
President
Robertson Construction Company,
P. O. Box 607
Salem, Virginia 24153
Inc.
Dear Mr. Robertson:
I am enclosing copy of Ordinance No. 30442-31891 accepting the
bid of Lanford Brothers Company, Inc., for repairs to the Old
Mountain Road Bridge, in the total amount of $112,047.00 and
rejecting all other bids received by the City for said project.
Ordinance No. 30442-31891 was adopted by the Council of the City
of Roanoke at a regular meeting held on Monday, March 18, 1991.
On behalf of the Mayor and Members of City Council, I would like
to express appreciation for submitting your bid on the above-
described project.
Sincerely, ~
Mary F. Parker, CMC/AAE
City Clerl~
MFP : ra
Enc.
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, $ W , Room 456
Roanoke, Virginia 24011
Telephone: (703)981-2541
March 20, 1991
SANDRA H. EAKIN
Deputy CiTy Clerk
File #102
Hr. Alan G. Soltis
Vice-President
Lanford Brothers Company,
P. O. Box 7330
Roanoke, Virginia 24019
Inc.
Dear Mr. Soltis:
I am enclosing copy of Ordinance tgo. 30442-31891 accepting the
bid of Lanford Brothers Company, Inc., for repairs to the Old
Mountain Road Bridge, in the total amount of $112,047.00 and
rejecting all other bids received by the City for said project.
Ordinance No. 30442-31891 was adopted by the Council of the City
of Roanoke at a regular meeting held on Monday, ~4arch 18, 1991.
Sincerely, ~~
li4ary F. Parker, C?JC/AAE
City Clerk
MFP:ra
Enc.
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 18th Day of March, 1991.
No. 30442-31891.
AN ORDINANCE accepting the bid of Lanford Brothers Company,
Incorporated, for repairs to the Old Mountain Road Bridge, upon
certain terms and conditions~ and awarding a contract therefore;
authorizing the appropriate City officials to execute the
requisite contract for such work; rejecting all other bids made
to the City for the work; and providing for an emergency.
BE IT ORDAINED by the Council of the City of Roanoke as
follows:
1. The bid of Lanford Brothers Company, Incorporated, in the
total amount of $112,047.00 and 90 consecutive calendar days,
for the repair of the Old Mountain Road Bridge, as more particu-
larly set forth in the March 18, 1991, report of the City Manager
to this Council, such bid being in full compliance with the
City's plans and specifications made therefor, and as provided in
the contract documents offered said bidder, which bid is on file
in the Office of the City Clerk, be and is hereby ACCEPTED.
2. The City Manager or the Assistant City Manager and the
City Clerk are hereby authorized on behalf of the City to execute
and attest, respectively, the requisite contract with the success-
ful bidder, based on its proposal made therefor and the City's spe-
cifications made therefor, said contract to be in such form as is
approved by the City Attorney,
for out of funds heretofore or
Council.
and the cost of said work to be paid
simultaneously appropriated by
3. Any and all other bids made to the City for the aforesaid
work are hereby REJECTED, and the City Clerk is directed to notify
each such bidder and to express to each the City's appreciation for
such bid.
4. In order to provide for the usual daily operation of the
municipal government, an emergency is deemed to exist, and this
ordinance shall be in full force and effect upon its passage.
ATTEST:
City Clerk.
MARY F. PARKER
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue,$ W,Room 456
Roanoke. Virginia 24011
Telephone: (703)981-2541
March 20, 1991
SANDRA H. EAKIN
Deputy City C~erk
File #60-102
Mr. Joel M. Schlanger
Director of Finance
Roanoke, Virginia
Dear Mr. Schlanger:
I am attaching copy of Ordinance No. 30441-31891 amending and
reordaining certain sections of the 1990-91 General and Capital
Funds Appropriations, providing for the transfer of $135,000.00
from General Fund Contingency to Old Mountain Road Bridge
Repairs, in connection with award of a contract to Lanford
Brothers Company, Inc., for repairs to Old Mountain Road Bridge.
Ordinance No. 30441-31891 ~as adopted by the Council of the City
of Roanoke at a regular meeting held on Monday, March 18, 1991.
Sincerely, ~d,-~
Mary F. Parker, CMC/AAE
City Clerk
MFP:ra
Eric o
pc: Mr.
Mr.
Mr.
Ms.
Mr.
Mr.
W. Robert Herbert, City Manager
William F. Clark, Director of Finance
Charles M. Huffine, City Engineer
Sarah E. Fitton, Construction Cost Technician
Kit B. Kiser, Director of Utilities and Operations
Barry L. Key, Manager, Office of Management and Budget
IN '~'~ COUNCIL OF 'r~ CI~"~ OF ROANO]B, %riRGINIA
The 18th Day of March, 1991.
No. 30441-31891.
AN ORDINANCE to amend and reordain certain sections of
the 1990-91 General and Capital Funds Appropriations, and
providing for an emergency.
WHEREAS, for the usual daily operation of the Municipal
Government of the City of Roanoke, an emergency is declared to
exist.
THEREFORE,
BE IT ORDAINED by the Council of
Roanoke that certain sections of the 1990-91 General
Funds Appropriations, be, and the same are hereby,
reordained to read as follows, in part:
the City of
and Capital
amended and
~neral l~d
Appropriations
Nondepartmental $13,206,129
Contingency - General Fund (1) ..................... ( 859,471)
Transfers to Other Funds (2) ....................... 11,300,006
capital Fund
Appropriations
Streets and Bridges $ 8,492,562
Old Mountain Road Bridge Repairs (3) ............... 135,000
1) Contingency
2) Transfers to
Capital Fund
3) Approp. from
General Revenue
(001-002-9410-2199)
(001-004-9310-9508)
(008-052-9664-9003)
$(135,000)
135,000
135,000
BE IT FURTHER ORDAINED that, an emergency existing,
Ordinance shall be in effect from its passage.
ATTEST:
this
City Clerk.
Roanoke, Virginia
March 18, 1991
Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Members of Council:
Subject:
Bid Committee Report
Old Mountain Road Bridge Repairs
for City of Roanoke
Roanoke, Virginia
I concur with the recommendations of the attached Bid Committee Report.
Respectfully submitted,
W. Robert Herbert
City Manager
WRH/DLL/mm
Attachment
cc:
City Attorney
Director of Finance
Director of Public Works
City Engineer
Construction Cost Technician
Roanoke, Virginia
March 18, 1991
Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Members of Council:
Subject:
Bid Committee Report
Old Mountain Road Bridge Repairs
for City of Roanoke
Roanoke, Virginia
I. Back~round:
City Council, at its March 11, 1991 meeting, publicly opened
and read aloud the bids received for Repairs to Old Mountain
Road Bridge, Roanoke, Virginia.
Three (3) Base Bids were received based on closing Old
Mountain Road Bridge for 2-4 weeks with Lanford Brothers
Company, Incorporated, of Hollins, Virginia, submitting the
low bid in the amount of $84~053.00 and ninety (90) con-
secutive calendar days.
Two (2) Alternate Bids were received based on keeping the
bridge open to one lane of traffic during construction with
Lanford Brothers Company, Incorporated, of Hollins, Virginia,
submitting the low bid in the amount of $112~047.00 and
ninety (90) consecutive calendar days.
Work consists of removing all unsound concrete from all
diaphragms, pier caps, and beam ends, and then recast and
repair.
II. Current Situation:
A. Approximately 720 homes located within the City will be
affected by the closure of Old Mountain Road Bridge.
B. Old Mountain Road Brid~e, built in 1949, carries approxi-
mately 5,500 vehicles per day.
Ce
Alternate routes are limited to three (3) choices, two of
which are 16' roads and the last a detour of aproximately 5.5
miles.
D. Delays are expected to be 10 minutes in non-peak traffic
hours and as much as 20 minutes in peak traffic hours.
E. Emergency vehciles would also be delayed by approximately ten
(i0) minutes.
Page 2
III. Issues in order of importance are:
A. Public Safety
B. Compliance of the bidders with the requirements of the
Contract Documents.
C. Amount of the low bid.
D. Fundin~ for the project.
E. Time of completion.
IV. Alternatives are:
Award a lump sum contract to Lanford Brothers Company,
Incorporated, of Hollins, Virginia, in the amount of
$112~047.00 (Alternate Bid) and establish a contingency
amount of $22~953.00 with ninety (90) consecutive calendar
days for construction. Contract is for Repairs to Old
Mountain Road Bridge, Roanoke, Virginia, in accordance with
the Contract Documents as prepared by Hayes, Seay, Mattern &
Mattern, Inc.
Public safety would not be jeopardized in that one lane
of traffic will continue to be open to the general
public and for the use of emergency vehicles.
2. Compliance of the bidders with the requirements of the
Contract Documents was met.
3. Amount of the low bid is acceptable.
4. Fundin~ of this project is available in the General Fund
Contingency Account Number 001-002-9410-2199.
Time of completion is ninety (90) consecutive calendar
days. The work needs to be started as soon as possible
due to the fact that the bridge is presently bordering
on closure.
Be
Award a lump sum contract to Lanford Brothers Company,
Incorporated, of Hollins, Virginia, in the amount of
$84,053.00 (Base Bid).
Public safety would be jeopardized in that there would
be no travel lanes open to the general public nor for
the use of emergency vehicles.
Page 3
2. Compliance of the bidders with the requirements of the
Contract Documents was met.
3. Amount of the low bid is acceptable.
4. Fundin~ of this project is available in the General Fund
Contingency Account Number 001-002-9410-2199.
5. Time of completion is ninety (90) consecutive calendar
days. The work needs to be started as soon as possible
due to the fact that the bridge is presently bordering
on closure.
Reject all bids and do not award a contract at this time.
1. Public safety is jeopardized by the deteriorated con-
dition of the bridge as it exists.
2. Compliance of the bidders with the requirements of the
Contract Documents would not be an issue.
3. Amount of the low bid would probably increase if re-bid
at a later date.
4. Fundin~ would not be encumbered at this time.
5. Time of completion would be jeopardized and the bridge
would have to be closed until repairs are made.
IV. Recommendation is that City Council take the following action:
me
Concur with the implementation of Alternative A as a matter
of public safety and convenience due to the limited access of
these neighborhoods.
Authorize the City Manager to enter into a contractual
agreement, in form approved by the City Attorney, with
Lanford Brothers Company, Incorporated, of Hollins, Virginia,
for Repairs to Old Mountain Road Bridge according to the
Contract Documents as prepared by Hayes, Seay, Mattern &
Mattern, Inc. in the amount of $112~047.00 and a establish a
contingency amount of $22~953.00 with ninety (90) consecutive
calendar days for construction.
Page 4
Transfer $135,000.00 from Account Number 001-002-9410-2199,
General Fund Contingency, and authorize the Director of
Finance to establish a new account to be titled Old Mountain
Road Bridge Repairs.
D. Reject the other bids received.
Respectfully submitted,
William White
William F. Clark
WC/DLL/mm
Attachment: Tabulation of Bids
cc: City Attorney
Director of Finance
City Engineer
Construction Cost Technician
Kit B. Kiser
TABULATION OF BIDS
OLD MOUNTAIN ROAD BRIDGE REPAIRS
FOR THE CITY OF ROANOKE
ROANOKE, VIRGINIA
Bids opened before City Council on March 11, 1991 at 7:30 p.m.
BID
BIDDER BASE BID BID ALTERNATE BOND
Lanford Brothers Company~ Incorporated $84~053.00 $112~047.00 YES
Robertson Construction Co., Inc. $122~499.00 $300~000.00 YES
Southwestern Virginia
Development Corporation $116~100.00 NO BID YES
Estimated Cost: $135,000.00
Project to be completed within ninety (90) consecutive calendar days.
William White, Chairma/n
William F. Clark
Kit B. Kiser
Office of City Engineer
Roanoke, Virginia
March 18, 1991
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
March 13, 1991
SANDRA H. EAKIN
Deputy Oty Clerk
File #102
Mr. William White, Sr., Chairman )
Mr. William F. Clark ) Bid Committee
Mr. Kit B. Kiser )
Gentlemen:
The following bids for rehabilitation of Old Mountain Road Bridge
over Tinker Creek, were opened and read before the Council of the
City of Roanoke at a regular meeting held on Monday, March 11,
1991:
BIDDER
BASE BID TOTAL
Lanford Brothers Co., Inc.
Southwestern Virginia Development Corp.
Robertson Construction Company, Inc.
$ 84,053.00
116,100.00
122,499.00
ALTERNATE
$112,047.00
N/A
300,000.00
On motion, duly seconded and adopted, the bids were referred to
you for tabulation, report and recommendation to Council.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:ra
pc: Mr. Wilburn C. Oibling, Jr., City Attorney
MARY F. PARKER
C~t¥ Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Ch urch Avenue, S W, Room 456
Roanoke, Virginia 24011
Telephone: (703)981-2541
March 20, 1991
SANDRA H. EAKIN
Deputy C~zy C~erk
File #514
Mr. Thomas T. Palmer
Attorney
P. O. Box 720
Roanoke, Virginia 24004-0720
Dear Mr. Palmer:
I am enclosing copy of Ordinance No. 30430-31891 permanently
vacating, discontinuing and closing all of Weller Lane, S. E.,
(formerly known as Lake Street) all of Park Road lying east of
Jefferson Street, and a portion of Belleview Avenue, between
Jefferson Street and Hamilton Terrace. Ordinance No. 30430-31891
was adopted by the Council of the City of Roanoke on first
reading on Monday, March 11, 1991, also adopted by the Council on
second reading on Monday, March 18, 1991, and will take effect
ten days following the date of its second reading.
Sincerely,
Mary F. Parker, CR4C/AAE
City Clerk
MFP: ra
Enc.
pc:
Mr.
The
Mr.
Mr.
Roanoke Memorial Services Corporation, P. O. Box 13367,
Roanoke, Virginia 24033
Emerald Property Management, Inc., P. 0. Box 13025, Roanoke,
Virginia 24030
W. Robert Herbert, City Manager
Wilburn C. Dibling, Jr., City Attorney
Steven J. Talevi, Assistant City Attorney
Honorable Jerome S. Howard, Jr., Convnissioner of Revenue
Von W. Moody, III, Director of Real Estate Valuation
Charles A. Price, Jr., Chairman, City Planning
Corr~nission
Mr. Thomas T. Palmer
March 20, 1991
Page 2
pc:
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
Administrator
Mr. John R. Marlles, Agent/Secretary, City Planning
Commission
Mr. Edward R. Tucker, City Planner
Ms. Doris Layne, Office of Real Estate Valuation
Zoning
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S W, Room 456
Roanoke. Virginia 24011
Telephone: (703)981-2541
March 20, 1991
SANDRA H. EAKIN
DeDuty C~'~y C~erk
File #514
Miss Patsy Testerman
Clerk of the Circuit Court
Roanoke, Virginia
Dear Miss Testerman:
I am attaching copy of Ordinance No. 30430-31891, for proper
recordation in your office, which provides for the permanent
vacating, discontinuing and closing of all of Weller Lane, S. E.,
(formerly known as Lake Street) all of Park Road lying east of
Jefferson Street, and a portion of Belle¥iew Avenue, between
Jefferson Street and Hamilton Terrace. Ordinance No. 30430-31891
was adopted by the Council of the City of Roanoke on first
reading on Monday, March 11, 1991, also adopted by the Council on
second reading on Monday, March 18, 1991, and will take effect
ten days following
the date of its second
Sincerely,
reading.
Mary F. Parker, CMC/AAE
City Clerk
MFP:ra
Eno.
pc: Mr. Thomas T. Palmer,
Virginia 24004-0720
Attorney, P. O. Box 720,
Roanoke,
IN THE COUNCIL OF THE CITY OF ROANOKE,
The 18th Day of March, 1991.
No. 30430-31801.
VIRGINIA,
AN ORDINANCE permanently, vacating, discontinuing and closing
certain public rights-of-way in the City of Roanoke, Virginia, as
are more particularly described hereinafter.
WHEREAS, Roanoke Memorial Hospitals has filed an application to
the Council of the City of Roanoke, Virginia, in accordance with
law, requesting the Council to permanently vacate, discontinue and
close the public rights-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 March 11, 1991, 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
rights-of-way have been properly notified; and
WHEREAS, from all of the foregoing, the Council considers that
no inconvenience will result to any individual or to the public
from permanently vacating, discontinuing and closing said public
rights-of-way.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke,
Virginia, that the public rights-of-way situate in the City of
Roanoke, Virginia, and more particularly described as follows:
Ail of Weller Lane, S.E. (formerly known as Lake Street,
S.E.), all of Park Road, S.E., lying east of Jefferson
Street, S.E., and a portion of Belleview Avenue, S.E.,
between Jefferson Street, S.E., and Hamilton Terrace,
are, and they hereby are, 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 with respect to the closed portion
of the rights-of-way, reserving, however, to the City of Roanoke
any public utility, including, specifically, without limitation,
providers to or for the public of cable television, electricity,
natural gas or telephone service, an easement for sewer and water
mains, television cable, electric wires, gas lines, telephone
lines, and related facilities that may now be located in or across
said public rights-of-way, together with the right of ingress and
egress for the maintenance or replacement of such lines, mains or
utilities, such right to include the right to remove, without the
payment of compensation or damages of any kind to the owner, any
landscaping, fences, shrubbery, structure or any other encroach-
ments on or over the easement which impede access for maintenance
or replacement purposes at the time such work is undertaken; such
easement or easements to terminate upon the later abandonment of
use or permanent removal from the above-described public rights-of-
- 2 -
way of any such municipal installation or other utility or facility
by the owner thereof.
BE IT FURTHER ORDAINED that the closure of the above-described
rights-of-way is conditioned upon applicants' providing to the City
a properly executed subdivision plat for review, approval and
recordation, showing thereon the proper realignment and/or disposi-
tion of land within the vacated streets; and providing a comprehen-
sive plan of development for review and approval, showing thereon
the expansion of its facilities and private street construction;
and, in the event these conditions have not been met within one (1)
year from the effective date of this ordinance, this ordinance
shall become null and void with no further action by City Council
being necessary.
BE IT FURTHER ORDAINED that the City Engineer be, and he is,
directed to mark "permanently vacated" on said public right-of-way
on all maps and plats on file in his office on which said right-of-
way is shown, referring to the book and page or ordinances and
resolutions of the Council of the City of Roanoke, Virginia,
wherein this ordinance shall be spread.
BE IT FURTHER ORDAINED that the Clerk of the Council deliver to
the Clerk of the Circuit Court of the City of Roanoke, Virginia, a
certified copy of this ordinance
of said Clerk's Office, indexing
of Roanoke, Virginia, as Grantor,
Memorial Hospitals, and the names
who may so request, as Grantees.
for recordation in the Deed Books
the same in the name of the City
and in the name of Roanoke
of any other parties in interest
ATTEST:
City Clerk.
Roanoke Ci~ P~anning Commission
March 11, 1991
The Honorable Noel C. Taylor,
and Members of City Council
Roanoke, Virginia
Mayor
Dear Members of Council:
Subject:
Request from Roanoke Memorial Hospitals that
Weller Lane, S.E., Park Road, S.E., and a
portion of Belleview Avenue, $.E., be
permanently vacated, discontinued and closed.
I. Background:
Weller Lane, S.E. (formerly Lake Street, S.E.)
extends in an easterly direction from Jefferson
Street between properties currently belonging to the
City of Roanoke (tax parcel 4060502) and Roanoke
Memorial Hospitals (tax parcels 4060503, 4060504 and
4060301).
Be
Park Road, S.E. extends from the end of Weller Lane,
S.E., in a northerly direction along the rear of the
Roanoke Memorial Hospital complex.
Portion of Belleview Avenue, S.E. requested for
closure is a remnant portion of a previous alignment
of Belleview Avenue, S.E. Previous alignment of
Belleview Avenue was closed by Ord. No. 16520 on July
19, 1965, to allow for expansion of the hospital
facility.
Streets and portions thereof, as requested for
closure, were originally platted as streets by the
Roanoke Gas and Water Company prior to 1928. Subject
streets have been re-platted and re-aligned by
subsequent plats and ordinances as shown on the
attached Map A.
City of Roanoke has previously negotiated land and
right-of-way transactions with Roanoke Memorial
Room 355 Municipal Building 215 Churd~ Avenue, SW Roanoke, Virginia 2401 t (703) 981 2344
Members of the Council
Page 2
Hospitals for the purpose of providing additional
land and space for hospital expansion. Transactions
included the following:
Ord. No. 12735, dated 5/21/56, closure of a
major portion of Park Road, S.E. Land within
this right-of-way currently provides access and
parking for the facility.
Ord. No. 16520, dated 7/19/65, closure of
portions of Belleview Avenue, Hamilton Terrace
and Lake Street (Weller Lane). This closure
allowed for the expansion of the facility by
relocating the above street alignments.
Ord. No. 17121, dated 8/8/66, quit claim and
conveyance of certain portions of the above-
mentioned streets and additionally two (2)
parcels of land abutting thereto. This
ordinance further provided for the expansion of
the facility.
Ord. No. 21054, dated 8/6/73. Donation by the
City to Roanoke Memorial Hospitals of a 1.35
ac. parcel of land. Land was donated for the
hospital's use in constructing a parking garage
facility thereon.
Weller Lane and Park Road, S.E. currently provides
access to the hospital and its facilities. It also
provides the City access to its abutting properties
and water facilities.
Roanoke Memorial Hospitals and the City of Roanoke
own all of the land abutting the streets requested
for closure.
II. Current Situation:
Roanoke Memorial Hospitals desires to expand its
existing building and facilities. The proposed
expansion will effect the following:
New building expansion will be constructed upon
and across the area currently occupied by Weller
Lane, S.E.
e
Plan requires that Weller Lane, S.E., be vacated
and/or relocated to accommodate the new and
existing hospital facilities with proper access.
Relocation of street will require relocation of
specific utilities that currently serve the
hospital facility.
Members of the Council
Page 3
City has recently granted new easements to the
hospital facility, across City property for the
relocation of electrical power lines.
City of Roanoke has, by agreement dated October 11,
1990, agreed to sell and convey certain portions of
its abutting property (tax parcel 4060502) to Roanoke
Memorial Hospitals, subject to specific conditions
related to the streets currently requested for
closure.
Agreement provides for the hospital's purchase of
parcels A and C as shown on the attached plat of
subdivision. It also provides for the conveyance by
the hospital to the City of parcel B as shown on the
aforementioned plat.
Agreement and conveyance is also subject to the
hospital obtaining any interest the City may have in
Weller Lane, S.E. Hospital proposes to grant to the
City of Roanoke all necessary easements for future
access to its properties and facilities.
Land area situated within the streets requested for
closure is approximately 44,000 square feet or 1.01
acres. Abutting land values indicate that the land
area within the streets requested for closure would
be valued at approximately $28,000.
Application for closure was reviewed by the Planning
Commission at its regular meeting of February 6,
1991.
III. Issues:
1. Hospital expansion/public need.
2. Neighborhood impact.
3. Property access.
4. Utilities within the public right-of-way.
5. Land use.
6. City agreement with Roanoke Memorial Hospitals.
7. Relationship to the Comprehensive Plan.
IV. Alternatives:
Approve the applicant's request for closure subject
to the conditions outlined in Part V. Recommendation,
of this report.
Members of the Council
Page 4
Deny
1.
Hospital expansion/public need - Closure of the
subject streets will allow for the expansion of
medical facilities to meet the increasing needs
of the public.
Neighborhood impact. Streets requested for
closure are used exclusively by the applicant
and the City of Roanoke for access purposes.
Closure should not adversely affect the
immediate neighborhood.
Property access. Weller Lane, S.E., if vacated,
will be classified thereafter as a private
street. Hospital has, by agreement, provided,
and the City by such agreement, has accepted
proper easements to facilitate its future access
needs.
Utilities within the public right-of-way:
City has no existing sewer or water lines
within the streets requested for closure.
C & P Telephone Company and Appalachian
Power Company have utilities within the
rights-of-way.
Land use. Closures should be subject to the
submittal of a subdivision plat and a
comprehensive plan of development. Subdivision
plat will provide for all necessary easements
and development plan will provide for proper
relocation and reconstruction of Weller Lane,
S.E., proposed building expansion, landscaping,
etc.
City agreement with Roanoke Memorial Hospitals.
Closure will provide for consummation of the
subject agreement.
Relationship to the comprehensive plan. Request
is consistent with the intent of the
comprehensive plan that available land should be
utilized in the most appropriate manner.
applicant's request for closure.
Hospital expansion/public need. Hospital
expansion will not occur. Public need for
increased medical facilities will not be met.
Neighborhood impact would not be an issue.
Property access would not be an issue.
Members of the Council
Page 5
Utilities within the public ri~ht-of-wa¥ would
not be affected.
City agreement with Roanoke Memorial Hospitals.
Terms of agreement would not be met. Hospital
expansion would not occur.
Relationship to the comprehensive plan. Intent
of the comprehensive plan for proper utilization
of available land would not be followed.
Recommendation:
By a vote of 7-0, the Planning Commission recommends that
City Council approve Alternative A, thereby approving the
applicant's request for closure subject to the following
conditions:
ae
That the applicant submit to the City for review,
approval and recordation a plat of subdivision
providing for the proper realignment and/or
disposition of land within the vacated streets.
That the applicant submit a comprehensive plan of
development to the City for review and approval
providing for the proposed expansion of its
facilities and private street construction.
That if the above conditions have not been met within
a period of twelve (12) months from the date of
adoption of any ordinance providing for the subject
closures, then said ordinance shall thereafter become
null and void with no further action by City Council
being necessary.
Respectfully submitted,
Charles A. Price, Jr., Chairman
Office of Co~nunity Planning
JRM:ERT:mpf
attachments
cc: Assistant City Attorney
Director of Public Works
City Engineer
Building Commissioner
Petitioner
MARY F,PARKER
C;ty Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 ChurchAven~e 5 W,Room456
Roanoke, Vlrg*n~a 24011
Telephone: {703) 981-254 I
January 17, 199I
File #$14
Mr. Charles A. Price, Jr.,
City Planning Commission
Roanoke, Virginia
Chairman
Dear Ur. Price:
Pursuant to §30-14, Procedure for alterinq or vacating City
streets or alleys; fees therefor, of the Code of the City of
Roanoke (1979), as amended. I am enclosing copy of an application
from Mr. Thomas T. Palmer, Attorney, representing Roanoke
~emorial Hospital's, requesting that all of We liar Lane (formerly
known as Lake Street) and all of Park Road lying east of
Jefferson Street, S. E., and a portion of Belleview Avenue bet-
ween Jefferson Street and Hamilton Terrace, S. E., be permanently
vacated, discontinued and closed.
MFP:ra
ST.CLOSE6$
~fl C o
Sincerely, ~
Mary F. Pa rker, CMC/AAE
City Clerk
pc: Ur. Thomas T. Palmer, Attorney, P. O. Box 720,
Virginia 24004-0720
,..2~. John R. Marlles, Agent/Secretary, City Planning
Commission
Ur. Ronald H. Miller, Zoning Administrator
Mr. Edward R. Tucker, City Planner
Ur. Steven J. Talevi, Assistant City Attorney
Roanoke,
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
IN RE:
Application of Roanoke
Memorial Hospitals for
vacation of all of Weller
Lane, S.E. (formerly known
as Lake Street, S.E.) and
all of Park Road, S.E. lying
east of Jefferson Street,
S.E. and also the vacation
of a portion of Belleview
Avenue, S.E., between
Jefferson Street, S.E. and
Hamilton Terrace, S.E.
APPLICATION FOR VACATING,
DISCONTINUING AND CLOSING
OF WELLER LANE, S.E.,
PARK ROAD, S.E., AND A
PORTION OF BELLEVIEW
AVENUE, S.E.
MEMBERS OF COUNCIL:
Roanoke Memorial Hospitals, by Counsel, applies to have
all of that portion of Weller Lane, S.E. (formerly known as
Lake Street, S.E.) and all of that portion of Park Road, S.E.
lying east of Jefferson Street, S.E. and a portion of
Belleview Avenue, S.E. lying between Jefferson Street, S.E.
and Hamilton Terrace, S.E., in the City of Roanoke, Virginia,
permanently vacated, discontinued and closed, pursuant to
Virginia Code Section 15.1-364 and Section 30-14, Code of the
City of Roanoke (1979), as amended. The affected portions of
these streets are more particularly shown on the plat attached
hereto as Exhibit A and are more particularly described on
Exhibit B (Weller Lane and Park Road) and Exhibit C (Belleview
Avenue), attached hereto.
ROANOKE MEMORIAL HOSPITALS states that the grounds for
this application are as follows:
1) Roanoke Memorial Hospitals, its affiliate, Roanoke
Memorial Services Corporation and the City of Roanoke are all
of the landowners whose property adjoins the streets to be
vacated, as shown on the list of adjoining landowners attached
hereto as Exhibit D.
2) The 9ortions of Weller Lane, S.E. (formerly Lake
Street, S.E.) and Park Road, S.E. requested to be vacated
serve only the Petitioner's property and terminate on the
Petitioner's property.
3) The vacation of Weller Lane, S.E. (formerly known as
Lake Street, S.E.) and the vacation of Park Road, S.E. are
requested as a result of the Petitioner's planned expansion of
its hospital facility, including the construction of an
addition to its heating plant and a new parking facility.
These new facilities would be on portions of the streets
requested to be vacated. The vacation of the portion of
Belleview Avenue, S.E. between Jefferson Street and Hamilton
Terrace is requested because portions of the sidewalk and
planter located in front of the main building of Roanoke
Memorial Hospitals are located on the right-of-way of
Belleview Avenue, S.E., although this portion of the street is
not presently used by traffic passing along Belleview
Avenue, S.E. (See Exhibit E for construction plans and
private roadway location.)
4) The Petitioner will maintain a road through its
existing property which will provide access to its emergency
room and to all other areas now served by Weller Street, S E
(formerly Lake Street, S.E.) and Park Road, S.E. By separate
2
agreement with the City of Roanoke, dated October 11, 1990,
(see Exhibit F) the Petitioner has also agreed to grant to the
City an easement through and across the Petitioner's property
either over any private roadway which replaces Weller Lane,
S.E. (formerly Lake Street, S.E.) and Park Road, S.E. and/or
any private roadway which provides access to the Hospital's
emergency room, power plant or other facilities, in order to
provide ingress and egress for the City to other properties
and facilities owned by it adjacent and contiguous to the
Petitioner's property. Such easement shall be at such places
as are mutually agreeable to the parties. The Petitioner also
agrees that it will grant to the City appropriate easements
for any public utilities that may now be located upon or under
any of the streets requested to be vacated.
WHEREFORE, ROANOKE MEMORIAL HOSPITALS respectfully
requests that the above described streets be vacated by the
Council of the City of Roanoke, Virginia, in accordance with
Virginia Code Section 15.1-364 and Section 30-14, Code of the
City of Roanoke (1979), as amended.
Respectfully submitted,
ROANOKE MEMORIAL HOSPITALS
Of Counsel
Date I- (~- ~%
3
ROANOKE MEMORIAL HOSPITALS
Thomas T. Palmer
Woods, Rogers & Hazlegrove
105 Franklin Road, S.W.
Post Office Box 720
Roanoke, Virginia 24004-0720
Counsel for Roanoke Memorial Hospitals
4
J ~
EXHIBIT B
Description of 1.033 acres
being all that portion of Weller Lane, SE
(formerly known as ~ake Street, SE)
and all that portion of Park Road, SE
lying east of Jefferson Street, SE
BEGINNING at a point on the east side of Jefferson Street, SE,
said point being designated No. 27 on plat prepared for Roanoke
Memorial Hospitals by T. P. Parker & Son, Engineers, Surveyors and
Planners dated December 27, 1990, said point being corner to the
property of the City of Roanoke and known as the Crystal Spring Pump
Station and Reservoir property and being on the southerly
right-of-way line of Weller Lane, SE, formerly known as Lake Street,
SE; thence leaving said Point of BEGINNING and following a line with
a curve to the right across Weller Lane, SE whose length is 34.68
feet and whose radius is 485.04 feet (Chord equals N. 27" 25' 09'~ E.,
34.67 feet) to Point No. 49 on the aforesaid plat; thence with a
northerly side of Weller Lane, SE, with
length is 17.16 feet and whose radius is
16" 36' 25" E., 15.09 feet) to Point No.
curve to the right across Weller Lane,'--SE whose length is 36.84 feet
and whose radius is 485.04 feet (Chord equals N. 31° 38' 36" E.,
36.83 feet) to Point No. 48 On the aforesaid plat, being the point of
intersection of the northerly side of Weller Lane, SE with Jefferson
Street, SE; thence leaving Jefferson Street, SE and following the
a curve to the laft whose
9.89 feet (Chord ~quals S.
47; thence con'~.nuing with
the northerly side of Weller Lane, SE, S. 66" 19' 36" E., 164.00 feet
to Point No. 46; thence continuing with Weller Lane, SE, with a curve
to the left whose length is 68.92 feet and whose radius is 73.13 feet
(Chord equals N. 86" 40' 25" E., 66.40 feet) to Point Nc. 45; thence
continuing with Weller Lane, SE, N. 59" 40' 24" E., L12.76 feet to
Point No. 44; thence with a curve to the right whose l=agth is 24.35
feet and whose radius is 50.00 feet (Chord equals N. 73" 37' 30"
24.11 feet) to Point No. 43, being a point on the original line of
Lake Street, SE, now called Weller Lane, SE; thence continuing with
Weller Lane, SE, N. 01° 31' 16" W., 38.91 feet to Point No. 42:
thence continuing with Weller Lane, SE, N. 88" 28' 44" E., 50.00 feet
to Point No. 72; thence continuing with Weller Lane, SE, S. 01° 31'
16" E., 218.60 feet to Point No. 71; thence continuing with Weller
Lane, SE, S. 00" 56' 44" W., 226.80 feet to Point No. 69, being the
point of intersection of Weller Lane, USE with Park Road, SE; thence
leaving Weller Lane, SE and following the west side of Park Road, SE,
N. 22~ 41' 44" E., 61.80 feet to Point No. 68; thence continuing with
Park Road, SE, N. 20" 29' 44" E., 26.50 feet to Point No. 67; thence
with a curve to the right whose length is 47.08 feet and whose radius
is 70.00 feet (Chord equals N. 39" 45' 52" E., 46.20 feet) to Point
No. 66; thence with a curve to the left whose length is 62.41 feet
and whose radius is 82.88 feet (Chord equals N. 37~ 97' 38" E.,
60.95 feet) to Point No. 65, being the northerly terminus of Park
Road, SE; thence, S. 72° 11' 56" E., 12.00 feet to Point No. 64,
being the northerly terminus of Park Road, SE; thence with the
easterly right-of-way line of Park Road, SE, with a curve to the
right whose length is 79.51 feet and whose radius is 110.73 feet
(Chord equals S. 25~ 08' 35" W., 77.81 feet) to Point No. 63; thence
continuing with Park Road, SE, with a curve to the left whose length
is 26.61 feet and whose radius is 60.47 feet (Chord equals S. 39" 45'
52" W., 26.40 feet) to Point No. 62; thence continuing with Park
Road, SE, S. 20" 29' 44" W., 27.08 feet to Point No. 61; thence
continuing with Park Road, SE, S. 22" 41' 44" W., 89.23 feet to Point
No. 60, being the southerly terminus of Park Road, SE; thence, N. 70·
21' 16" W., 50.58 feet to Point No. 59, being the southerly terminus
of Weller Lane, SE; thence with the west side of Weller Lane, SE, N.
O0· 56' 44" E., 210.00 feet to Point ~o. 58; thence continuing with
Weller Lane, SE, N. 72° ll'~ 56" W., 20.80 feet to Point No. 57;
thence continuing with Weller Lane, SE, N. 00" 56' 44" E., 45.73 feet
to Point No. 56; thence continuing with Weller Lane, SE, N. 01° 30'
36" W., 78.65 feet to Point No. 55; thence with a curve to the left
whose length is 41.47 feet and whose radius is 20.00 feet (Chord
equals N. 60~ 55' 06" W., 34.43 feet to Point No. 54; thence
continuing with Weller Lane, SE, S. 59" 40' 24" W., 78.93 feet to
Point No.
53; thence continuing with Weller Lane, SE, with a curve to
the right whose length is 116.05 feet and whose radius is 123.13 feet
(Chord equals S. 86" 40' 25" W., 111.80 feet) to Point No. 51; thence
continuing with Weller Lane, SE, N. 66" 19' 36" W., 73.85 feet to
Point No. 25; thence continuing with Weller Lane, SE, N. 66° 19' 36"
W., 97.40 feet to Point No. 26; thence with a curve to the left whose
length is 15.24 feet and whose radius is 9.89 feet (Chord equals S.
69° 31' 20" W., 13.78 feet) to Point No. 27, the Point of BEGINNING
and being a parcel of land containing 1.033 acres and being composed
of all of Weller Lane, SE (formerly known as Lake Street, SE)-and all
of Park Road, SE lying east of Jefferson Street, SE and being as
shown on plat for Roanoke Memorial Hospitals by T. P. Parker & Son,
Engineers, Surveyors and Planners dated December 27, 1990, attached
hereto.
EXHIBI? C
Description of 0.047 acres
being vacated by the City of Roanoke
situate On the south side of Belleview Avenue, SE
between Jefferson Street, SE and Hamilton Terrace, SE
BEGINNING at an iron pin on the south side of Belleview Avenue,
SE, said point being designated Point No. 34 on plat prepared for
Roanoke Memorial Hospitals by T. p. Parker & Son, Engineers,
Surveyors and Planners dated December 27, 1990, said Point of
BEGINNING being a corner to the property of Roanoke Memorial
Hospitals and on the right-of-way line of Belleview Avenue, SE;
thence leaving said Point of BEGINNING and following the existing
right-of-way line of Belleview Avenue, SE, with a curve to the left
whose length is 48.56 feet and whose radius is 43.27 feet (Chord
equals S. 48" 10' 24" W., 46.05 feet) to a point designated No. 33 on
aforesaid plat; thence continuing with the existing right-of-way line
of Belleview Avenue, SE and the proper.~? herein described, S. 16Q 01'
04" W., 12.27 feet to a point designated No. 32; thence continuing
with the existing right-of-way line of Belleview Avenue, SE and the
property of Roanoke Memorial Hospital, with a curve to the left whose
length is 14.66 feet and whose radius is 50.00 feet (Chord equals N.
65Q 32' 53" W.. 14.61 feet) to Point No. 31; thence continuing with
said right-of-way line, N. 73" 56' 56" W., 39.60 feet to Ooint No.
30; thence continuing with a curve to the left whose length is 65.28
feet and whose radius is 104.04 feet (Chord equals S. 87' 56' 16" W.,
64.21 feet) to a point designated No. 82 at the intersection of
Jefferson Street, SE and Belleview Avenue, SE; thenc~ leaving
Jefferson Street, SE and following the proposed new right-of-way line
of Belleview Avenue, SE, N. 69" 57' 45" E., 41.84 feet to Point No.
83; thence continuing with the proposed new right-of-way line of
Belleview Avenue, SE, N. 83" 15' 03" E., 114.72 feet to Point of
BEGINNING and being a parcel of land containing 0.047 acres and being
situate in front of the existing main entrance of Roanoke Memorial
Hospitals and being as shown on plak by T. P. Parker & Son,
Engineers, Surveyors and Planners dated December 27, ~990, attached
heceto.
ADJOINING LAND OWNERS
Exhibit D
Tax Map
1040401
4060101
4060502
NO ·
Owner
City of Roanoke
City of Roanoke
City of Roanoke
1041004
4060301
4060201
4060503
4060504
4060401
Roanoke Memorial Hospitals
Roanoke Memorial Hospitals
Roanoke Memorial Hospitals
(formerly Roanoke Hospital Association)
Roanoke Memorial Hospitals
(formerly Roanoke Hospital Association)
Roanoke Memorial Hospitals
(formerly Roanoke Hospital Association)
Roanoke Memorial Services Corporation
(formerly Emerald Property Management)
Addresses
Roanoke Memorial Hospitals
Post Office Box 13367
Roanoke, Virginia 24033
Roanoke Memorial Services Corporation
Post Office Box 13367
Roanoke, Virginia 24033
M#35782
~A~.ooS
EXHIBIT F
THIS AGREEMENT AND CONTRACT OF SALE, made this Il t~ day of
O~Jfo%~r , 1990, by and between the City of Roanoke,
Virginia, hereinafter referred to as the "City," and Roanoke
Memorial Hospitals, hereinafter referred to as the "Hospital";
W I TNE S SETH
THAT, FOR AND IN CONSIDERATION of the sum of FOUR HUNDRED
EIGHTY-FOUR THOUSAND NINE HUNDRED EIGHTY-TWO AND NO/100 DOLLARS
($484,982.00) paid and to be paid by Hospital to City as follows:
TEN THOUSAND AND NO/100 DO~'.~ARS ($10,000.00) earnest money
deposit upon the execution of this agreement, the receipt whereof
is hereby acknowledged, and the sum of FOUR HI~RED SEVENTY-FOUR
THOUSAND NINE HDNDRED EIGHTY-TWO ~ NO/100 DOLIJkRS ($474,982.00)
payable in cash at closing; and
FURTHER IN CONSIDERATION of Hospital's agreement, in
addition to making the above payment to City, to also convey to
City a parcel of land containing .42 acres, more or less, as
hereinafter described,
THE PARTIES DO HEREBY AGREE AS FOLLOWS:
1. Subject to the terms and conditions contained herein,
City does hereby agree to grant and convey unto Hospital, and
Hospital agrees to purchase, all those certain tracts or parcels
of land designated as Parcels A and C, together with any interest
which the City may have in any portion of Weller Lane, S.E.,
whether now owned or hereafter acquired, if Weller Lane, S.E., or
any part thereof is closed (all such land being hereinafter
referred to as "the Property") lying in the City of Roanoke,
M#2881
State of Virginia, and more particularly described on Exhibit 1
attached hereto.
2. Subject to the terms and conditions contained herein,
Hospital does hereby agree to grant and convey unto the City, and
City agrees to purchase, all that certain tract or parcel of land
(hereinafter referred to as "Parcel B") lying in the City of
Roanoke, State of Virginia, and more particularly described on
Exhibit 2 attached hereto.
3. City and Hospital each agree to convey said land to the
other party by deed with Special Warranty of Title, free of all
material encu~rances and liens.
4. All real estate taxes shall be prorated to the date of
actual settlement. All other closing costs shall be at the
expense of the grantee of each parcel.
5. Possession shall be given each grantee on the
settlement date and settlement shall be made within three hundred
sixty (360) days from the date of this contract, time being of
the essence.
6. City acknowledges that Hospital is purchasing the
Property for the purpose of constructing an addition to the main
building of Roanoke Memorial Hospitals. Therefore, this contract
of sale is contingent upon and subject to the following
conditions end covenants:
A. Hospital obtaining satisfactory assurance from all
necessary public and governmental authorities that the Property
is properly zoned for construction of a hospital addition and
M#2881
related improvements and use therefor, OR, in the alternative,
the property being properly zoned for such construction and use.
B. Hospital .obtaining approval from all necessary
public and governmental authorities for the establishment or
relocation, at Hospital's expense, of any public utility or other
easements as may be necessary or required for the construction of
the hospital addition and related improvements on the Property in
accordance with Hospital's plans and specifications.
.-.
C. Hospital obtaining such assurances as it deems
necessary from architects, structural engineers, and similar
experts that the hospital addition and related improvements, as
planned by Hospital, can be constructed on the Property.
D. Hospital taking all necessar~ action to vacate
Weller Lane, S.E., from the point it enters upon the Property to
its ending 9oint as a public road and City being able to convey,
along with the Property, any interest as it may have in the
vacated 90trion of Weller Lane, S.E., to Hospital.
7. Hospital agrees that the following terms and conditions
shall be applicable to its purchase of the Property and
conveyance of Parcel B, which terms and conditions shall survive
closing=
A. The sale of the Property by City is in no way
related to end in no way guarantees future site plan or similar
approvals by the City of Roanoke, Roanoke City Council, or any
boards or commissions a9901nted by, or agencies of, the City of
Roanoke.
M#2881
B. City reserves water, storm drain and sanitary
sewer easements for all existing public utilities now located on
the Property and Hospital shall take all action deemed necessary
by City to reserve such easements. If any such easements need to
be relocated in the discretion of City, such relocation shall be
at the sole expense of Hospital in accordance with the plans of
Hospital, and with such relocation being approved by City.
C. Upon any vacation and/or closure of Weller Lane,
S.E., Hospital shall grant to the City an easement through and
across the Property and the remaining land of Hospital, either
over any private roadway which replaces Weller Lane, S.E., and/or
any private roadway which provides access to the Hospital's
emergency room, power plant or other facilities. Such easement.
shall be for the purpose of providing ingress and egress for City
to other property and facilities owned by it adjacent and
contiguous to.the property of Hospital. Such easements shall be
at such places as shown on the plat of the proposed Hospital
addition at=ached hereto as Exhibit 3, and/or such other places
as may be mutually agreeable to the parties. City agrees to
convey by quitclaim deed whatever interest, if any, it may
receive in the closed portion of Weller Lane, S.E.
D. During construction of the proposed hospital
addition on the Property, or during any use of the Property
thereafter, Hospital shall not conduct any blasting or other
activity which could interfere with the City's public water
M#2881
4
supply and related facilities
Property.
harmless City,
located on land adjacent to the
Hospital shall pay, protect, indemnify and hold
its officers, agents and employees from and
against any and all liabilities, damages, costs, expenses,
claims, penalties, fines, demands, suits or judgments of any
nature whatsoever, including without limitation, reasonable
attorneys' fees arising out of any damage to the property of City
or any bodily injury or de~'h to any person occurring on the
property of City, which arises directly or indirectly from the
construction of improvements by the Hospital on the Property,
including, without limitations, any environmental or
Comprehensive Environmental Response, Compensation and Liability
Act claim, fine, penalty or suit. Hospital further specifically
agrees to be responsible to and indemnify, hold harmless and
reimburse City for any damage or harm caused to City's public
water supply or related facilities arising out of or resulting
from such construction and use of the Property, including,
without limitation, the supply of water to and from the Crystal
Springs water supply. Hospital shall provide suitable
contractual liability insurance coverage securing its
indemnification obligations contained herein of no less than
$1,000,000.00 combined single limit liability per occurrence.
F. Hospital shall, at its cost and expense, obtain
and maintain at all times when construction is occurring
commercial general liability insurance with companies of
M92881
5
recognized standing, including protection against bodily injury
Or death, liability and property damage liability, providing no
less Lnan $1,000,000.00 combined single limit liability per
occurrence, and $2,000,000.00 general aggregate, which policy
shall name City as an additional insured for any damage to City
property or bodily injury or death to anyone on City property.
Hospital shall furnish City with a certificate or certificates
showing the type, amount, effective dates and date of expiration
of the required insurance policy or policies for the duration of
construction pursuant to this agreement. The certificate shall
contain substantially the following statement: "The insurance
covered by this certificate shall not be canceled or materially
altered, except after thirty (30) days' written notice has been
received by City."
G. Hospital covenants and agrees that in the event
any repair, adjustment or relocation of City's public utility
facilities becomes necessary, for any reason whatsoever related
to Hospital's construction work or use of the Property, Hospital,
in City's sole and exclusive discretion, shall take such action
and shall replace and/or repair such utility facility to its
original condition, including any d~sturbance, excavation or
digging on the property of City necessary to accomplish such
repair, adjustment or relocation. Such work shall be done in
City's satisfaction and at the Hospital's sole cost and expense.
Hospital shall receive prior approval from City's Manager of
Utility Line Services Department prior to undertaking any
M#2881
$
activity which will involve disruption of the City's utilities.
Further, Hospital covenants and agrees to reimburse City at the
prevailing City rate for all work related to any repairs,
adjustments or relocation of City's public utility facilities
undertaken by City and required as a result of Hospital's
improvements to, or activity on, the Property.
H. In the event that City constructs a water
filtration plant on Parcel B, Hospital shall further grant
without change such easements over its property as may be
necessary as determined by City for such water or utility lines
as may be required to service such water filtration plant.
8. In the event of a breach of this contract by City, the
earnest money deposit shall be returned to Hospital, but such
return shall not affect any other remedies available to Hospital
for City's breach. In the event Hospital breaches this contract
or fails to purchase Parcel A for any reason other than City's
breach, the earnest money deposit shall be retained by City, but
such payment shall not preclude any other remedies available to
City for any breach by Hospital.
9. This contract of sale contains all the terms and
conditions of this sale. It is mutually agreed that any oral
representations made by any party prior to the signing of this
agreement shall be null and void.
10. All continuing and/or future obligations or
requirements as set forth in this Agreement shall survive closing
and remain in full force and effect.
M#2881 7
11. This contract of sale shall not be assignable by either
Hospital or City without the prior written consent of the other
party.
12. This agreement shall be interpreted and applied
according to the laws of the State of Virginia and shall be
binding upon and inure to the benefit of the successors and
assigns of the parties.
WITNESS the following signatures and seals:
Approved as to form
- Jm'~.istant Ci~ Att. orne)
CITY OF ROANOKE
Its ~
ROANOKE MEMORIAL HOSPITALS
Its~
M#2881
8
PARCEL A
BEGINNING at a pin set at the northeast corner of the
intersection of South Jefferson Street and Weller Lane, S.E.;
thence with the lines of South Jefferson Street and Belleview
Avenue, S.E., the following five courses and distances: On a
curve to the right with a radius of 485.04 feet, a length of
45.15 feet, a chord distance of 45.13 feet, and a bearing of N.
36° 29' 08" E. to a point; ~hence N. 38° 52' 19" E. 200.74 feet
to a point; thence with a curve to the right with a radius of
104.04 feet, a length of 121.49 feet, a chord distance of 114.70
and a bearing of S. 72" 27' 41" W. to a point; thence S. 73" 56'
56" E. 39.60 feet to a point; thence with a curve to the right
with a radius of 50 feet, a length of 14.66 feet, a chord
distance of 14.61 feet and a bearing of S. 65" 32' 52" E. to a
point on the line of the property of Roanoke Memorial Mospitals
(formerly Roanoke Mospital Association); thence with the line of
Roanoke Memorial Mospitals the following two courses and
distances: S. 16" 01' 04" W. 135.58 feet to a point; thence S.
50" 04' 16" E. 83.59 feet to a point on the line of Weller Lane,
S.E.; thence with the line of Weller Lane, S.E., the following
six courses and distances, S. 01° 31' 16" E. 38.91 feet to a
point; thence with a curve to the left with a radius of 50.00
feet, a length of 24.35 feet, a chord distance of 24.11 feet and
a bearing of S. 73" 37' 30" W. to a point; thence S. 59° 40' 24"
W. 112.76 feet to a point; thence with a curve to the right with
M#15447
a radius
of 66.40
thence N.
of 73.13 feet, a length of 68.92 feet, a chord distance
feet and a bearing of S. 86° 40' 24" W. to a point;
66° 19' 36" w. 164.00 feet to a point; thence with a
curve to the right with a radius of 9.89 feet, a length of 17.16
feet, a chord distance of 15.09 feet and a bearing of N. 16° 36'
25" W. to the place of Beginning, containing 1.521 acres more or
less and being designated as Parcel A on the plat for Carillon
Health Systems (Roanoke Memorial Hospitals' property) prepared by
T. P. Parker & Son, Engineers, Surveyors and Planners, dated
January 8, 1990.
M#15447
PARCEL B
BEGINNING at a pin set in the southwestern corner of that
parcel of land owned by Roanoke Memorial Hospitals (formerly
Roanoke Hospital Association) lying to the south and west of
Weller Lane, S.E., said corner being a common corner with the
property owned by the City of Roanoke; thence with the line of
the property of the City of Roanoke, N. 12" 16' 44" E. 115.00
feet to a point; thence wi~ two new lines through the property
of Roanoke Memorial Hospitals the following courses and
distances: S. 77° 43' 16" E. 94.52 feet to a point; thence S. 31"
42' 39" E. 54.51 feet to a point on the western boundary of
Weller Lane, S.E.; thence with the western boundary of Weller
Lane, S.E., a new line through the property of Roanoke Memorial
Hospitals extending the line of Weller Lane, S.E., S. 00" 56' 44"
W. 94.87 feet to a point; thence with a new line through the
property of Roanoke Memorial Hospitals, N. 89" 03' 16" W. 96.70
feet to a point on a line of the property of the City of Roanoke;
thence with a line to the property of the City of Roanoke, N. 44"
54' 44" W. 66.88 feet to the point of Beginning, containing .427
acre more or lees and being designated as Parcel B on the plat
for Carillon Health Systems (Roanoke Memorial Hospitals'
property) prepared by T. P. Parker & Son, Engineers, Surveyors
and Planners, dated January 8, 1990.
M915447
PARCEL C
BEGINNING at a pin set in the southern boundary of Weller
Lane, S.E., said 9oint being the common corner of the property of
Roanoke Memorial Hospitals located South of Weller Lane, $.E.,
and the property of the City of Roanoke located northeast of the
intersection of South Jefferson Street end Yellow Mountain Road;
thence with the line of the property of Roanoke Memorial
Hospitals the following three courses and distances: S. 63° 05'
16" E. 28.65 feet to a point; thence S. 72" 33' 16" E. 39.01 feet
to a point; thence S. 12° 18' 44" W. 150.79 feet to a point;
thence with a new line through the property of the City of
Roanoke, the following two courses and distances: N. 55" 51' 00"
W. 246.55 feet to a point; thence N. 15" 47' 55" E. 70.58 feet to
a point on the southern line of Weller Lane, S.E., thence with
the southern line of Weller Lane, S.E., the following two courses
and distances: S. 66° 19' 36" ~. 73.85 feet to a point; thence
with a curve to the left with a radius of 123.13 feet, a length
of 88.51 feet a chord distance of 86.62 feet and a bearing of S.
86° 55' 12" E., to the place of Beginning; containing 0.559 acre
more or less and being designated as Parcel C on the plat for
Carllion Health Systems (Roanoke Memorial Hospitals' property)
prepared by T. P. Parker & Son, Engineers, Surveyors and
Planners, dated January 8, 1990.
M915447
LOCATION
.. ~
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Ill
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,dlldP
MARY F, PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
2'15 Church Avenue, S w, Room 456
Roanoke, Virginia 24011
Telephone: (703)981-2541
February 21, 1991
SANDRA H. EAKIN
Deputy CiTy Clerk
File #514
Mr. Thomas T. Palmer
Attorney
P. O. Box 720
Roanoke, Virginia 24004-0720
Dear Mr. Palmer:
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 client, Roanoke ,Memorial Hospitals, that all of
Weller Lane, S. E., (formerly known as Lake Street), all of Park
Road, lying east of Jefferson Street, and a portion of Belleview
Avenue, between Jefferson Street and Hamilton Terrace, S. E., be
permanently vacated, discontinued and closed.
Pursuant to Resolution ~o. 25523 adopted by the Council of the
City of Roanoke at a regular meeting held on Monday, April 6,
1981, a public hearing on the abovedescribed request has been set
for Monday, March 11, 1991, at 7:30 p.m., in the City Council
Chamber, fourth floor of the Municipal Building, 215 Church
Avenue, S. W.
For your information, I am also enclosing copy of a notice of the
public hearing and an Ordinance providing for the closure, which
notice and Ordinance w~re prepared by the City Attorney's Office.
Please review the Ordinance and if you have questions, you may
contact Mr. Steven J. Talevi, Assistant City Attorney, at
981-2431. Questions with regard to the City Planning Commission
report should be directed to Mr. John R. Marlles, Chief of
Community Planning, at 981-2344.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: r a
PUBLIC65
Enc.
Mr. Thomas T. Palmer
February 21, 1991
Page 2
pC:
Roanoke Memorial Services Corporation, P. O. Box 13367,
Roanoke, Virginia 24033
Emerald Property Management, Inc.. P. O. Box 13025, Roanoke,
Virginia 24030
Mr. W. Robert Herbert, City Manager
Mr. Wilburn C. Dibling, Jr., City Attorney
Mr. Steven J. Talevi, Assistant City Attorney
The Honorable Jerome S. Howard, Jr., Commissioner of Revenue
Mr. Von W. Woody, III, Director of Real Estate Valuation
Mr. Charles A. Price, Jr., 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, Agent/Secretary, City Planning
Commission
Mr. Edward R. Tucker, City Planner
Ms. Doris Layne, Office of Real Estate Valuation
~) NUF,~ cP, 22010.Loc
PiJ~Ii~N~ ~HiC~ C~ iUN 15
NunSP~FEK~ ~N Thb FULLu~IN~
~ITNE~S~
NOTICE OF PUBLIC HEARING
TO WHOM IT MAY CONCERN:
The Council of the City of Roanoke will hold a Public Hearing
on Monday, March 11, 1991, at 7:30 p.m. or as soon thereafter as
the matter may be heard, in the Council Chamber in the Municipal
Building, 215 Church Avenue, S. W., on an application to per-
manently abandon, vacate, discontinue and close the following
public rights-of-way:
Ail of Weller Lane, S.E. (formerly known as Lake Street,
S.E.), all of Park Road, S.E., lying east of Jefferson
Street, S.E., and a portion of Belleview Avenue, S.E.,
between Jefferson Street, S.E., and Hamilton Terrace, S.E.
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 20th day of February , 1991.
Mary F. Parker, City Clerk.
Please publish in full twice in the Roanoke Times & World News, Morning
Edition, on Friday, February 22, 1991, and Friday, March 1, 1991.
Please send publisher's affidavit to:
Please bill to:
Ms. Mary F. Parker, City Clerk
Room 456, Municipal Building
Roanoke, Virginia 24011
Mr. Thomas T. Palmer, Attorney
P. O. Box 720
Roanoke, Virginia 24004-0720
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Ch urch Avenue, S W, Room 456
Roanoke, V~rgmra 24011
Telephone: (703) 981-2541
January 17, 1991
SANDRA H. EAKIN
Deputy O:y Clerk
File #514
Mr. Charles A. Price, Jr., Chairman
City Planning Commission
Roanoke, Virginia
Dear Mr. Price:
Pursuant to §30-14, Procedure for altering or vacating City
streets or alleys; fees therefor, of the Code of the City of
Roanoke (1979), as amended, I am enclosing copy of an application
from Mr. Thomas T. Palmer, Attorney, representing Roanoke
Memorial Hospitals, requesting that all of We ller Lane (formerly
known as Lake Street) and all of Park Road lying east of
Jefferson Street, S. E., and a portion of Belleview Avenue bet-
ween Jefferson Street and Hamilton Terrace, S. E., be permanently
vacated, discontinued and closed.
MFP:ra
ST.CLOSE65
~nc.
pc:
Sincerely, ~..A
,'ifa ry F. Pa rke r, CMC/AAE
City Clerk
Mr. Thomas T. Palmer, Attorney, P. O. Box 720,
Virginia 24004-0720
Mr. John R. Marlles, Agent/Secretary, City Planning
Commission
Mr. Ronald H. Miller, Zoning Administrator
Mr. Edward R. Tucker, City Planner
Mr. Steven J. Talevi, Assistant City Attorney
Roanoke,
TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA
PERTAINING TO THE ALLEY CLOSURE REQUEST OF:
Request from Roanoke Memorial Hospitals that Weller )
Lane, S.E., Park Road, S.E., and a portion of Belleview)
Avenue, S.W., lying between Jefferson Street, S.E. and )
Hamilton Terrace, S.E., be permanently vacated, )
discontinued and closed. )
AFFIDAVIT
COMMONWEALTH OF VIRGINIA )
) TO-WIT:
CITY OF ROANOKE )
The affiant, Martha Pace Franklin, first being duly sworn, states
that she is Secretary to the Secretary of 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 28th of January, 1991, notices of a public hearing to be
held on the 6th day of February , 1991, on the street closures
captioned above to the owner or agent of the parcels listed below at
their last known address:
PARCEL
OWNER~ AGENT OR OCCUPANT
ADDRESS
4060401 Roanoke Memorial Services Corp. P.O. Box 13367
Roanoke, VA 24033
Emerald Property Management Inc.
P. O. Box 13025
Roanoke, VA 24030
1040401
4060101
4060502
1041004
4060301
4060201
4060503
4060504
City of Roanoke
Roanoke Memorial Hospitals
APPLICANT
- Martha Pace Franklin
SUBSCRIBED AND SWORN to before me, a Notary Public,
Roanoke, Virginia, this
My Commission Expires:
in the City of
28th day of January, ~/9~
Notary Public
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, $ W,Room456
Roan, oke. Virginia 24011
Telephone: (703)981-2541
March 20, 1991
SANORA H. EAKIN
Deputy C~ty Clerk
File #51
Mr. Thomas T. Palmer
Attorney
P. O. Box 720
Roanoke, Virginia 24004-0720
Dear Mr. Palmer:
I am enclosing copy of Ordinance No. 30431-31891 rezoninq two
tracts of land lying south of Weller Lane, S. ~. (formerly known
as Lake Street) and Park Road and south of the centerline of the
old Mill Mountain Tramway, consisting of Official Tax Nos.
4060504, 4060301 and a portion of 4060502, and all streets lying
within said tracts, from RS-3, Residential Single Family
District, to C-1, Office District, subject to certain conditions
proffered by the petitioner. Ordinance No. 30431-31891 was
adopted by the Council of the City of Roanoke on first reading on
Monday, March 11, 1991, also adopted by the Council on second
reading on Monday, March 18, 1991, and will take effect ten days
following the date of its second reading.
Sincerely,
Mary F. Parker, CMC/,~tE
City Clerk
MFP:ra
Enc.
pc:
Roanoke Memorial Services Corporation, P. O. Box 13367,
Roanoke, Virginia 24033
Emerald Property Management, Inc., P. O. Box 13025, Roanoke,
Virginia 24030
qr. Wayne G. Strickland, Executive Director, Fifth Planning
District Commission, P. O. Box 2569, Roanoke, Virginia 24010
~r. Thomas T. Palmer
March 20, 1991
Page 2
Mr. W. Robert Herbert, City Manager
Mr. Wilburn C. Dibling, Jr., City Attorney
Mr. Steven J. Tale¥i, Assistant City Attorney
Mr. Von W. Moody, III, Director of Real Estate Valuation
Mr. Charles A. Price, Jr., Chairman, City Planning
Co~ission
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. Charles M. Huffine, City Engineer
Mr. Ronald H. Miller, Building Co~issioner and Zoning
Administrator
~r. John R. Marlles, Agent/Secretary, City Planning
Co~ission
Ms. Doris Layne, Office of Real Estate Valuation
IN THE COUNCIL OF THE CITY OF
The 18th Day of March, 1991.
No. 30431-31891.
ROANOKE,
VIRGINIA,
AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke
(1979), as amended, and Sheet No. 406, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, sub-
ject to certain conditions proffered by the Petitioner.
WHEREAS, a petition has been presented to the Council of the
City of Roanoke to have the hereinafter described property
rezoned from RS-3, Residential Single-Family District, to C-i,
Office District, subject to certain conditions proffered by the
Petitioner; and
WHEREAS, the City Planning Commission, which after giving
proper notice to all concerned as required by ~36.1-693, Code of
the City of Roanoke (1979), as amended, and after conducting a
public hearing on the matter, has made its recommendation to
Council; and
WHEREAS, a public hearing was held by City Council on said
petition at its meeting on March 11, 1991, after due and timely
notice thereof as required by §36.1-693, Code of the City of
Roanoke (1979), as amended, at which hearing all parties in
interest and citizens were given an opportunity to be heard, both
for and against the proposed rezoning; and
WHEREAS, this Council, after considering the aforesaid peti-
tion, the recommendation made to the Council by the Planning
Commission, the City's Comprehensive Plan, and the matters pre-
sented at the public hearing, is of the opinion that the
hereinafter described property should be rezoned as herein pro-
vided.
WHEREFORE, BE IT ORDAINED by the Council of the City of
Roanoke that ~36.1-3, Code of the City of Roanoke (1979), as
amended, and Sheet No. 406 of the Sectional 1976 Zone Map, City
of Roanoke, be amended in the following particular and no other:
Property described as two tracts of land lying south of
Weller Lane, S.E. (formerly Lake Street) and Park Road, S.E.,
and south of the centerline of the old Mill Mountain Tramway,
designated on Sheet No. 406 of the Sectional 1976 Zone Map, City
of Roanoke, as Official Tax Nos. 4060504, 4060301 and part of
4060502, and all streets lying within said tracts, be, and is
hereby rezoned from RS-3, Residential Single Family District, to
C-l, Office District, subject to those conditions proffered by
and set forth in the First Amended Petition to Rezone filed in
the Office of the City Clerk on January 30, 1991, and that Sheet
No. 406 of the Sectional 1976 Zone Map be changed in this
respect.
ATTEST:
City Clerk.
Roanoke City Planning Commission
March 11, 1991
The Honorable Noel C. Taylor, Mayor
and Members of City Council
Roanoke, Virginia
Dear Members of Council:
Subject:
Request from Roanoke Memorial Hospitals
that property lying south of Weller Lane,
S.E., and Park Road, S.E., and east of
Jefferson Street, S.E., more specifically
described as the southernmost portion of
Official Tax No. 4060301; a 2.037+ acre
portion of Official Tax No. 40605~4; and a
northwestern, 0.654+ acre portion of
Official Tax No. 40~0502; be rezoned from
RS-3, Residential Single Family District to
C-l, Office District, such rezoning to be
subject to certain conditions proffered by
the petitioner.
I. Background:
Purpose of the request is to place subject property
in conformance with the adjoining commercially zoned
property and to provide for the expansion of an
existing heating plant facility and the construction
of an approximately 300,000 square foot hospital
addition with a parking deck of approximately 58
spaces.
B. Petition to rezone was filed on January 16, 1991.
First amended petition was filed on January 30,
1991. The following conditions were proffered by the
petitioner:
That the property will be developed in
substantial compliance with a concept plan
prepared by JMGR, Inc., revised and dated
January 31, 1991, a copy of which is attached to
this Petition as Exhibit D, subject to any
Room 355 Municipal Building 215 Churah Avenue, SW P,~noke, Virginia 24011 (703) 981-2344
Members of the Council
Page 2
changes required by the City during
Comprehensive Site Development Review.
That the property will be appropriately
landscaped to conform with the current
landscaping of the Petitioner's existing
property and the adjacent City property and
aesthetically blend with the new addition to
Petitioner's hospital and preserve the character
of the property as it now exists beneath Mill
Mountain.
Planning Commission public hearing was held on
February 6, 1991. Mr. Thomas Palmer, attorney
representing Roanoke Memorial Hospitals, appeared
before the Commission and summarized the purpose of
the requested rezoning. He stated that in order for
the hospital to expand its services and facilities,
the subject properties needed to be rezoned from
residential to office so that application could be
made to the Board of Zoning Appeals for the necessary
special exception permits. Mr. Palmer explained the
land transfer between the City and the hospital and
the proposed closure of Weller Lane to facilitate the
expansion as proposed.
Mr. I. B. Heinemann, executive vice president of
Carilion Health Systems, appeared before the
Commission and stated that he had held several
meetings with a representative from the adjoining
neighborhood and had attended a recent meeting with
the neighborhood official, Barbara Duerk and City
staff to discuss and review the proposed rezoning and
hospital expansion. He further stated that he was
waiting for notification to attend a larger
neighborhood meeting to present and discuss the
expansion plans to the residents of the area. Mr.
Heinemann concluded his remarks by stating that he
would be glad to answer any questions that the
Commission may have.
Mr. Walt Jones of JMGR Architects appeared before the
Commission and reviewed the plans for the proposed
hospital expansion. Mr. Jones sated that the new
addition would essentially provide new medical
education and training space, a new emergency room and
trauma center, and a special intensive care unit with
some mechanical and supply storage areas. He further
summarized the proposed construction materials of the
new addition, the revised parking plan for the
hospital, and the eventual demolition of two older
wings of the hospital once the expansion was
complete.
Members of the Council
Page 3
II.
No one from the public appeared before the Commission
in favor or opposition to the rezoning request.
General discussion between the Commission and
representatives of the petitioner took place
regarding the overall parking scheme for the hospital
in relation to its current level of service and
parking demand and that of the proposed expansion.
Issues:
Zoning of the subject property is RS-3, Residential
Single Family District. The surrounding zoning in
the area is as follows: to the north is C-l, Office
District; to the east and south is RS-3, Residential
Single Family District; and to the west, across
Jefferson Street, is a mix of HM, Heavy Manufacturing
District, RM-1, Residential Multifamily District,
C-l, Office District, and RS-3, Residential Single
Family District.
Land use of the subject property is primarily vacant,
undeveloped with the existing heating plant facility
located on the northern portion of the easternmost
tract of land requested for rezoning. Land uses in
the area are as follows: to the north, the hospital
complex and accessory parking areas; to the east,
vacant, undeveloped property; to the south, Crystal
Spring Pump Station and Crystal Spring Park; and to
the west, across Jefferson Street are a mix of
retail, office and warehouses, the City's sports
complex and accessory parking areas.
Utilities are available and adequate. During and upon
completion of the proposed heating plant expansion
and construction of the hospital addition and parking
deck, the petitioner will comply with the City's
storm water management policy and the erosion and
sediment control ordinance to prevent any negative
impacts on any adjoining properties.
Access to the subject property will be primarily from
Jefferson Street to Weller Lane, in conjunction with
the proposed private internal driveway system
resulting from the requested closure of that portion
of Weller Lane as it extends into the hospital
complex property. Traffic impacts of the proposed
heating plant expansion and the construction of the
hospital addition and parking deck would be minimal
given the fact that the majority of the traffic
circulation and off-street parking demands will occur
on hospital property.
Members of the Council
Page 4
Screenin~ would be required along those property
lines that adjoin residentially zoned districts. The
proffered condition states that the property will be
appropriately landscaped in keeping with the current
landscaping of the hospital property and adjacent,
City owned property and character of the property as
it sits beneath Mill Mountain. A detailed
landscaping plan will be prepared and provided during
the comprehensive development plan review process to
ensure that the City zoning ordinance requirements
are met.
Neighborhood organization is the Neighbors in South
Roanoke. Several informal and informational meetings
have been held with representatives and residents of
the neighborhood, members of the hospital board of
directors, and various City staff members. The
general consensus of the neighborhood is that they
feel the proposed development and landscaping will be
done in a manner complimentary to the hospital
property and area as a whole and also feel that the
hospital is well aware of the neighborhood's concerns
for the provision of sufficient and adequate parking
on hospital property to support its uses and
activities. The only issue of concern is that the
neighborhood would like to work more with the
hospital and Appalachian Power Company on the
installation of the relocated transmission line to
the hospital so that its alignment would be as least
obtrusive on the visual aesthetics of the area and
neighborhood as possible. As of the writing of this
report, a meeting to this effect was being scheduled
for the latter part of next week.
G. Comprehensive Plan recommends that:
Promote and encourage the continued development of
health services and facilities that enhance the
quality of life in the community.
III. Alternatives:
A. city Council approve the rezoning request.
Zoning of the subject property would be C-i,
Office District.
Land use would be the existing power plant that
would become a conforming use and the proposed
hospital addition and parking deck. A special
exception would need to be obtained from the
City Board of Zoning Appeals for the proposed
expansion of the heating plant and the
construction of hospital addition and parking
deck prior to any development.
Members of the Council
Page 5
e
City
1.
Utilities to the subject property are available.
Before any proposed construction can occur, the
requested closure of a portion of Weller Lane
would need to take place which would result in
the relocation of some existing water, sewer and
power lines on that portion of the property.
Access to and from the site would continue to be
primarily from Jefferson Street to Weller Lane
and the proposed private internal drive
resulting from the closure of a portion of
Weller Lane.
Screening would be provided by the proffered
condition and as a result of comprehensive
development plan review.
Neighborhood realizes that the proposed
expansion and addition to the hospital would
increase its effectiveness in the provision of
health care services to the residents of the
Roanoke Valley and can be done without having an
adverse impact on the i~ediate area.
Comprehensive Plan issue as set forth would be
followed.
Council deny the rezoning request.
Zoning of the subject property would remain
RS-3, Residential Single Family District. The
existing heating plant facility would remain
nonconforming in use and in conflict with the
current zoning ordinance and the construction of
the hospital addition and parking deck could not
take place.
Land use would remain a heating plant facility
for the hospital complex.
Utilities would be unaffected.
Access would remain as is and as currently
proposed with the closure of a portion of Weller
Lane and that portion becoming a part of the
private internal drive system of the hospital
complex.
Screening would not be required.
Neighborhood would remain unchanged.
Comprehensive Plan issue as set forth could be
followed at a later date.
Members of the Council
Page 6
IV. Recommendation:
By a vote of 7-0, the Planning Commission recommended
approval of the rezoning request. The rezoning would
place an existing nonconforming use and building (heating
plant) into a conforming zoning status and would provide
for the proposed expansion of that facility as well as the
construction of a hospital addition and parking deck. The
proposed rezoning addresses one of the reco~L,uended
strategies of the comprehensive plan in that the continued
development of health services and facilities are to be
promoted and encouraged for not only economic reasons but
for the enhancement of the quality of life to all
residents within the Roanoke Valley and surrounding region
as well.
Respectfully submitted,
Charles A. Price, Jr., Chairman
Roanoke City Planning Commission
CAP:EDD:mpf
attachments
cc: Assistant City Attorney
Director of Public Works
City Engineer
Building Commissioner
Petitioner
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
275 Church Aven~Je,$ w, Room 456
Roanoke, Vircjm~a 24011
Telephone: (703) 981-2541
January 30, 1991
SANDRA H. EAKIN
Deputy C~ty C~erk
File #$I
Mr. Charles A. Price, Jr., Chairman
City Planning Commission
Roanoke, Virginia
Dear Mr. Price:
Pursuant to Section 36.1-690(e) of the Code of the City of
Roanoke (1979), as amended, I am enclosing copy of an amended
petition from Mr. Thomas T. Palmer, Attorney, representing
Roanoke .Memorial Hospitals, requesting that two tracts of land
located south of Waller Lane (formerly known as Lake Street) and
Park Road, S. E., and south of the centerline of the old Mill
Mountain Tramway, identified as Official Tax ~os. 4060504,
4060301 and a portion of 4060502. and all streets lying within
said tracts, be rezoned from RS-3, Residential Single Family
District, to C-1, Office District, subject to certain conditions
proffered by the petitioner.
Sincerely, ~g?L~
Mary F. Parker, CMC/AAE
City Clerk
MFP:ra
REZONE4$
pC:
Mr. Thomas T. Palmer, Attorney, P. O. Box 720,
Virginia 24004-0720
~t~. John R. Marlles, Agent/Secretary, City Planning
Commission
Mr. Ronald H. Miller, Zoning Administrator
Mr. Steven J. Talevi, Assistant City Attorney
Roanoke,
IN THE COUNCIL OF THE CITY OF ROANOKE~ VIRGINIA
IN RE:
Rezoning of two tracts of land lying South
of Weller Lane, S.E. (formerly Lake Street)
and Park Road, S.E., and South of the
centerline of the old Mill Mountain Tramway
and consisting of Tax parcels 4060504,
4060301 and part of 4060502 and all streets
lying within said tracts from RS-3,
Residential Single-Family District, to C-l,
Office District.
FIRST
AMENDED
PETITION
TO
REZONE
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY
OF ROANOKE:
1. The Petitioner,
owner of a certain tract
Roanoke Memorial Hospitals, is the
of land in the City of Roanoke,
Virginia, containing 2.037 acres, located south of Park Road,
S.E., and a portion of Weller Lane, S.E. (formerly Lake
Street), and also south of the center line of the old Mill
Mountain Tramway, being a portion of Tax parcel 4060504 and
all of Tax parcel 4060301, which tract, including the streets
located therein, is more particularly described on Exhibit A
attached hereto. The Petitioner has also entered into a
contract with the City of Roanoke for the purchase of a 0.654
acre tract of land located south of Weller Lane, S.E.
(formerly Lake Street) and south of the center line of the old
Mill Mountain Tramway, being a part of Tax parcel 4060502,
which tract, including all parts of the street located
therein, is more particularly described on Exhibit B attached
hereto. Both the 2.037 acre tract and the 0.654 acre tract
are hereinafter together referred to as the "Property" and are
M#38068
more particularly shown on a plat of the property to be
rezoned which is attached hereto as Exhibit C. The property
is currently zoned RS-3, Residential Single-Family District.
2. Pursuant to Article VII of Chapter 36.1, Code of the
City of Roanoke (1979), as amended, the Petitioner requests
that the Property be rezoned from RS-3, Residential Single-
Family District, to C-l, Office District, for the purpose of
utilizing the Property (in conjunction with any special
exception permit) for an expanded heating plant to house an
additional chiller unit for Roanoke Memorial Hospitals and for
construction of a new parking garage for Roanoke Memorial
Hospitals in connection with the Petitioner's expansion of its
hospital facility on its existing property which expansion
will include expanded office and administrative areas, a
relocated emergency room and trauma center, and expanded
and/or relocated specialty or intensive care units (cardiac,
neuro/trauma, coronary and medical/surgical units). The
Petitioner also requests this rezoning for the purpose of
conforming the zoning of the Petitioner's property located
south of the centerline of the old Mill Mountain Tramway to
the C-l, Office District, zoning of the Petitioner's property
located north of the center line of the old Mill Mountain
Tramway.
3. The Petitioner believes that the rezoning of the
Property will further the intent and purposes of the City's
Zoning Ordinance and its comprehensive plan, will allow the
M#38068
2
Petitioner to use the Property in conjunction with
expansion of its existing hospital facility, will provide a
uniform zoning for all of the Petitioner's property used as a
hospital facility and will be in the best interest of all
concerned.
4. The Petitioner hereby proffers and agrees that if
the Property is rezoned as requested, that the rezoning will
be subject to, and that the Petitioner will abide by the
following conditions:
A. That the property will be developed
in substantial compliance with a
concept plan prepared by JMGR, Inc.,
revised and dated January 31, 1991, a
copy of which is attached to this
Petition as Exhibit D, subject to any
changes required by the City during
Comprehensive Site Development
Review.
B. That the property will be appro-
priately landscaped to conform with
the current landscaping of the
Petitioner's existing property and
the adjacent City property and
aesthetically blend with the new
addition to Petitioner's hospital and
preserve the character of the
M#38068
3
property as it now exists beneath
Mill Mountain.
5. This rezoning is being requested contemporaneously
with a separate petition for street closing being filed by the
Petitioner for the closing of Weller Lane, S.E. (formerly
known as Lake Street), and Park Road, S.E., and a part of
Belleview Avenue.
6. Attached as Exhibit E are the names, addresses and
tax numbers of the owners of all lots or property immediately
adjacent to or immediately across the street from the Property
to be rezoned.
WHEREFORE, the Petitioner requests that the above
described Property be rezoned as requested in accordance with
the provisions of the Zoning Ordinance of the City of Roanoke.
Respectfully submitted this 3o~ day of January, 1991.
Respectfully submitted,
ROANOKE MEMORIAL HOSPITALS
Of Counsel
M%38068
4
Thomas T. Palmer, Esquire
Woods, Rogers & Nazlegrove
105 Franklin Road, S.W.
Post Office Box 720
Roanoke, Virginia 24004-0270
Counsel for Petitioner
ROANOKE MEMORIAL HOSPITALS
M#38068
5
Exhibit A
Description of 2.037 acre tract
being Rezoned from Zoning Distri6t RS-3 to Zoning District C-1
BEGINNING at Point No. 5 on Rezoning Plat~ for Roanoke Memorial
Hospitals and the City of Roanoke by T. p. Parker & Son,
Engineers-Surveyors-Planners, dated December 28, 1990, said point
being in the center of the old Mill Mountain Tramway and corner to
the property of Roanoke Memorial Hospitals and the City of Roanoke;
thence leaving said Point of Beginning and following the existing
property line between the City of Roanoke and Roanoke Memorial
Hospitals, S. 29° 26' 44" W. 430.09 feet to Point No. 6; thence
continuing between said properties, N. 44° 54' 44" W. 198.39 feet to
Point No. 7, corner to Parcel "B"; thence through the property of
Roanoke Memorial Hospitals, S. 89° 03' 16" E. 96.70 feet to Point No.
8; thence continuing through the Hospital property, N. 00~ 56' 44" E.
94.87 feet to Point No. 9: thence continuing through the Hospital
property, N. 31° 42' 39" W. 54.51 feet to Point No. 10; thence
continuing through :he Hospital property, N. 77" 43' 16" W. 94.52
feet :o Point No. 11 on the line of :he property of the City of
Roanoke; thence with the property of ~:he City of Roanoke and
property herein described, N. 12" 16' 44" E. 184.35 feet :o Point No.
4 in the center of the old Mill Mountain Tramway; thence with the
center of :he Tramway and through the property of Roast .e b!emorial
Hospitals and crossing Weller Lane, S.E., S. 72" 28' 16" E. 351.37
feet to Point No. 5, the Point of BEGINNING and being a parcel of
land containing 2.037 acres and being composed of the pr:per:y of
Roanoke Memorial Hospitals and a southerly po£tion o~ ~ puDlic
street, Weller Lane, S.E., and all of Park Road, S.E. ~eing as
shown on Rezoning Plat for Roanoke Memorial Hospitals and the City of
Roanoke by T. P. Parker & Son, Engineers-Surveyors-Planners, dated
December 28, 1990.
Description of 0.654 acre tract
being Rezoned from Zoning District RS-3 to Zoning
Exhibit B
District C-1
BEGINNING at Point No. 1 on Rezoning Plat for Roanoke
Hospitals and the City of Roanoke by T. P. Parker
Engineers-Surveyors-Planners, dated December 28, 1990,
Beginning
the southerly
said Point of
being corner to the property of the City of
right-of-way line of Weller Lane, S.E.; thence
Beginning and crossing Weller Lane, S.E., with
Memorial
& Son,
said Point of
Roanoke and on
leaving
a curve
to the right whose length is 40.09 feet and whose radius is 485.04
feet (chord equals N. 27Q 44' 19" E. 40.07 feet) to Point No. 2 in
Weller Lane, S.E. and on the present rezoning line between Zoning
District C-1 and Zoning District R$-3; thence in a southeasterly
direction along Weller Lane, following the center of the old Tramway
and on the present zoning line between Zoning District C-1 and Zoning
...
Dist£ict RS-3, S. 63° 00' 16" E. 288.46 feet to Point No. 3, being on
the p£operty line between the City of Roanoke and the property of
Roanoke Memorial Hospitals: thence continuing with the centerline of
the old Tramway and the property line between the Roanoke Memorial
Hospitals property and the City of Roanoke property, S. 72° 28' 16"
E. 42.04 feet to Point NO. 4, corner. ~o the property of the City of
Roanoke and the Roanoke Memorial Hospitals property: thence leaving
the centerline of the Tramway and following the divisica llne between
said properties, S. 12" 16' 44" W. 135.57 feet to Point No. 12:
thence with a line through the property of the City of Roanoke, N.
55~ 51' 00" W. 246.55 feet to Point No. 13; thence continuing through
the City of Roanoke property, N. 15" 47' 55" E. 70.58 feet to Point
No. 14 on the present southerly right-of-way line of weller Lane:
thence with the southerly right-of-way line of Well ane, N. 66°
19' 36" W. 97.40 feet to Point No. 15; thence continuing with Weller
Lane with a curve to the left whose length is 15.24 feet and whose
radius is 9.89 feet (chord equals S. 69° 31' 20" W. 13.78 feet) to
Point No. 1, the Point of BEGINNING and being a parcel of land
containing 0.654 acres and being composed of a portion of Weller
Lane, S.E. and a portion of the property of the City of Roanoke,
Crystal Spring Reservoir parcel, and being as shown on Rezoning Plat
for Roanoke Memorial Hospitals and the City of Roanoke by T. p.
Parker & Son, Engineers-Surveyors-Planners, dated December 28, 1990.
Tax Map No.
4060502
1041004
4060301
4060503
4060401
Exhibit E
Owner
City of Roanoke
Roanoke Memorial Hospitals
Post Office Box 13367
Roanoke, Virginia 24033
Roanoke Memorial Hospitals
Post Office Box 13367
Roanoke, Virginia 24033
Roanoke Memorial Hospitals
Post Office Box 13367
Roanoke, Virginia 24033
Roanoke Memorial Services Corporation
(formerly Emerald Property Management)
Post Office Box 13367
Roanoke, Virginia 24033
M#35788
LOCATION
Nit[ ~
I)ROI)OSI.:I),
0
0
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S W. Room 456
Roanoke, ¥irgima 24011
Telephone: (703)981-2541
February 21, 1991
SANDRA H. EAKIN
Deputy City Clerk
File #51
Mr. Thomas T. Palmer
Attorney
P. O. Box 720
Roanoke, Virginia 24004-0720
Dear Mr. Palmer:
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 client, Roanoke Memorial Hospitals, that two
tracts of land lying south of Waller Lane, S. E. (formerly known
as Lake Street) and Park Road and south of the centerline of the
old Mill Mountain Tramway, consisting of Official Tax Nos.
4060504, 4060301 and a portion of 4060502, and all streets lying
within said tracts be rezoned from RS-3, Residential Single
Family District, to C-1, Office District, subject to certain con-
ditions proffered by the petitioner.
Pursuant to Resolution No. 25523 adopted by the Council of the
City of Roanoke at a regular meeting held on Monday, April 6,
1981, a public hearing on the abovedescribed request has been set
for Monday, March 11, 1991, at 7:30 p.m., or as soon thereafter
as the matter may be heard, in the City Council Chamber, fourth
floor of the Municipal Building, 215 Church Avenue, S. W.
For your information, I am also enclosing copy of a notice of the
public hearing and an Ordinance providing for the rezoning, which
notice and Ordinance were prepared by the City Attorney's Office.
Please review the Ordinance and if you have questions, you may
contact Mr. Steven J. Talevi, Assistant City Attorney, at
981-2431. Questions with regard to the Planning Commission
report should be directed to Mr. John
Community Planning, at 981-2344.
R. Marlles,
Sincerely, ~
Mary F. Pa rkor, CMC/AAE
City Clerk
Chief of
MFP:ra
PUBLIC48
Eric .
Mr. Thomas T. Palmer
February 21, 1991
Page 2
pc:
Roanoke Memorial Services Corporation, p. O. Box 13367,
Roanoke, Virginia 24033
Emerald Property Management, Inc., P. 0. Box 13025, Roanoke,
Virginia 24030
Mr. Wayne G. Strickland, Executive Director, Fifth Planning
District Commission, P. O. Box 2569, Roanoke, Virginia 24010
Mr. W. Robert Herbert, City Manager
Mr. Wilburn C. Dibling, Jr., City Attorney
Mr. Steven J. Talevi, Assistant City Attorney
Mr. Von W. Moody, III, Director of Real Estate Valuation
Mr. Charles A. Price, Jr., 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 ~. Huffine, City Engineer
Mr. Ronald H. Miller, Building Commissioner and Zoning
Administrator
Mr. John R. Marlles, Agent/Secretary, City Planning
Commission
Ms. Doris Layne, Office of Real Estate Valuation
THDMAb T P~L~EK
oilY Cr ~u~NC~
m~FIUAVt] CF
PUcLIC~I'iGN
lng. All ~lrffN M b~Wll~ I~d
NOTICE OF PUBLIC HEARING
TO WHOM IT MAY CONCERN:
Pursuant to the provisions
Code
City
1991,
of the City of Roanoke (1979),
of Roanoke will hold a Public
at 7:30 p.m., in the Council
Building,
215 Church Avenue,
of Article VII of Chapter 36.1,
as amended, the Council of
Hearing on Monday, March 11,
Chamber in the Municipal
S. W., on the question of rezoning
from RS-3, Residential Single Family District, to C-i, Office
District, the following property:
Two tracts of land lying south of Weller Lane, S.E.
(formerly Lake Street) and Park Road, S.E., and south of
the centerline of the old Mill Mountain Tramway, and
consisting of Official Tax Nos. 4060504, 4060301 and
part of 4060502, and all streets lying within said
tracts.
the
A copy of this proposal is available for public inspection in
the Office of the City Clerk, Room 456, Municipal Building. Ail
parties in interest may appear on the above date and be heard on
the question.
GIVEN under my hand this 20th day of February , 1991.
Mary F. Parker, City Clerk.
Please publish in full twice in the Roanoke Times & World News, Morning
Edition, on Friday, February 22, 1991, and Friday, March 1, 1991.
Please send publisher's affidavit to:
Please bill to:
Ms. Mary F. Parker, City Clerk
Room 456, Municipal Building
Roanoke, Virginia 24011
Mr. Thomas T. Palmer, Attorney
P. O. Box 720
Roanoke, Virginia 24004-0720
MARY F, PARKER
C;t¥ Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S W, Room 456
Roaooke, V~rg~n~a 24011
Telephone: (703) 981o2541
January 17, 1991
SANDRA H. EAKIN
Deouty Ct:y Clerk
File #51
Mr. Charles A. Price, Jr., Chairman
City Planning Commission
Roanoke, Virginia
Dear ~r. Price:
Pursuant to Section 36.1-690(e) of the Code of the City of
Roanoke (1979), as amended, I am enclosing copy of a petition
from Mr. Thomas T. Palmer, Attorney, representing Roanoke
Memorial Hospitals, requesting that two tracts of land located
south of Waller Lane (formerly known as Lake Street) and Park
Road, $. E., and south of the centerline of the old Mill Mountain
Tramway, identified as Official Tax Nos. 4060504, 4060301 and a
portion of 4060502, and all streets lying within said tracts, be
taloned from RS-3, Residential Single Family Dist,rict, to C-1,
Office District, subject to certain conditions proffered by the
petitioner.
Sincerely, ~v~
,Mary F. Parker, CMC/AAE
City Clerk
MFP:ra
REZONE48
pc:
Mr. Thomas T. Palmer, Attorney, P. O. Box 720,
Virginia 24004-0720
Mr. John R. Marlles, Agent/Secretary, City Planning
Commission
Mr. Ronald H. Miller, Zoning Administrator
Mr. Steven J. Tale¥i, Assistant City Attorney
Roanoke,
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S w, Room 456
Roanoke, Virg~ma 24011
Telephone: (703) g81-2541
March 20, 1991
SANDRA H. EAKIN
Deputy C~t¥ Clerk
File #51
Mr. Walter M. Fizer, Sr.
Vice-President - Operations
ProTrek, Inc.
1624 Hanover Avenue, N. W.
Roanoke, Virginia 24017
Mr. Fred O. Shanks, III, P.E.
Shanks Associates, PC
311 Luck Avenue, S. W.
Roanoke, Virginia 24011
Gentlemen:
I am enclosing copy of Ordinance No. 30432-31891 rezoning pro-
perty located at 1629 Hanover Avenue, N. W., identified as
Official Tax No. 2220208, from RM-1, Residential Multi-Family,
Low Density District, to RM-2, Residential Multi-Family, Medium
Density District, subject to certain conditions proffered by the
petitioners. Ordinance No. 30432-31891 w~s adopted by the
Council of the City of Roanoke on first reading on Monday, March
11, 1991, also adopted by the Council on second reading on
Monday, March 18, 1991, and will take effect ten days following
the date of its second reading.
Sincerely, ~
Mary F. Parker, CMC/AAE
City Clerk
MFP:ra
Enc.
pc:
Mr, & Mrs. Herbert Reynolds, 1630 Staunton Avenue, N. W.,
Roanoke, Virginia 24017
Mr. & Mrs. John Witcher, 1628 Staunton Avenue, N. W.,
Roanoke, Virginia 24017
Mr. Walter M. Fizer, Sr.
Mr. Fred 0. Shanks, III
March 20, 1991
Page 2
TRIAD Investments, c/o Anglin Realty, 816 Franklin Road,
S. W., Roanoke. Virginia 24016
Mr. Burgess L. Dent, 1611 Hanover Avenue, N. W., Roanoke
Virginia 24017
Mr. & Mrs. Nathaniel Williams, 1630 Hanover Avenue, N. W.
Roanoke, Virginia 24017
Mr. & Mrs. Jerome Hayden, 1624 Hanover Avenue, N. W.
Roanoke, Virginia 24017
Mr. & Mrs. Walter Fizer, 1624 Hanover Avenue, N. W.
Roanoke, Virginia 24017
R E D Investment Corporation, 3316 Kershaw Road,
Roanoke, Virginia 24017
Mr. & Mrs. Arthur W. Reynolds, Route 1, Box 391, Nathalie
Virginia 24577
Mr. Wayne G. Strickland, Executive Director, Fifth Planning
District Commission, P. 0. Box 2569, Roanoke, Virginia 24010
Mr. W. Robert Herbert. City Manager
Mr. Wilburn C. Dibling, Jr., City Attorney
Mr. Steven J. Talevi, Assistant City Attorney
Mr. Von W. Moody, III, Director of Real Estate Valuation
Mr. Charles A. Price, Jr., 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, Agent/Secretary, City Planning
Commission
Ms. Doris Layne, Office of Real Estate Valuation
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 18th Day of March, 1991.
No. 30432-31891.
AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke
(1979), as amended, and Sheet No. 222, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, sub-
ject to certain conditions proffered by the Petitioner.
WHEREAS, a petition has been presented to the Council of the
City of Roanoke to have the hereinafter described property
rezoned from RM-1, Residential Multifamily, Low Density District,
to RM-2, Residential Multifamily, Medium Density District, sub-
ject to certain conditions proffered by the Petitioner; and
WHEREAS, the City Planning Commission, which after giving
proper notice to all concerned as required by §36.1-693, Code of
the City of Roanoke (1979), as amended, and after conducting a
public hearing on the matter, has made its recommendation to
Council; and
WHEREAS, a public hearing was held by City Council on said
petition at its meeting on March 11, 1991, after due and timely
notice thereof as required by §36.1-693, Code of the City of
Roanoke (1979), as amended, at which hearing all parties in
interest and citizens were given an opportunity to be heard, both
for and against the proposed rezoning; and
WHEREAS, this Council, after considering the aforesaid peti-
tion, the recommendation made to the Council by the Planning
Commission, the City's Comprehensive Plan, and the matters pre-
sented at the public hearing, is of the opinion that the
hereinafter described property should be rezoned as herein pro-
vided.
WHEREFORE, BE IT ORDAINED by the Council of the City of
Roanoke that 536.1-3, Code of the City of Roanoke (1979), as
amended, and Sheet No. 222 of the Sectional 1976 Zone Map, City
of Roanoke, be amended in the following particular and no other:
Property described as a tract of land lying in the northeast
quadrant of the interseciton of Hanover Avenue, N.W., and 17th
Street, N.W., known as 1629 Hanover Avenue, N.W., designated on
Sheet No. 222 of the Sectional 1976 Zone Map, City of Roanoke, as
Official Tax No. 2220208, be, and is hereby rezoned from RM-1,
Residential Multifamily, Low Density District, to RM-2,
Residential Multifamily District, subject to those conditions
proffered by and set forth in the Petition to Rezone filed in the
Office of the City Clerk on February 14, 1991, and that Sheet
No. 222 of the Sectional 1976 Zone Map be changed in this
respect.
ATTEST:
City Clerk.
Roanoke City Planning Commission
March 11, 1991
The Honorable Noel C. Taylor, Mayor
and Members of City Council
Roanoke, Virginia
Dear Members of Council:
Subject:
Request from ProTrek, Inc., a Virginia
Corporation, that property located at 1629
Hanover Avenue, N.W., official tax no. 2220208,
be rezoned from RM-1, Residential Multifamily,
Low Density District, to RM-2, Residential
Multifamily, Medium Density District, such
rezoning to be subject to certain conditions
proffered by the petitioner.
I. Background:
Purpose of the request is to provide for the
renovation and conversion of an existing, older
single family structure into four apartment units
with the existing detached accessory building being
converted into an apartment unit.
Petition to rezone was filed on January 16, 1991.
The following conditions were proffered by the
petitioner:
The rezoned property shall be used only for the
purpose of renovating and converting the
existing structures into residential apartments,
as defined in the zoning regulations of the City
of Roanoke.
That if developed, the rezoned property shall be
limited to and shall contain not more than five
(5) apartment units, of which not more than two
(2) shall be two-bedroom apartments, and not
more than three (3) shall be one-bedroom
apartments.
That the rezoned property shall be landscaped in
accordance with the concept plan herein attached
and referred to as Exhibit C. All plantings
shall be planted prior to the issuance of a
Room 355 Municipal Building 2t 5 Church Avec~ue, S.W Roanoke, Virginia 240t 1 (700) 981-2344
Members of the Council
Page 2
Certificate of Occupancy of the structures on
the rezoned property. Furthermore, that the
landscaping shall consist of one row of white
pines of at least six feet in height planted at
not more than ten foot intervals, subject to any
changes required by the City during
comprehensive development plan review.
That the proposed addition to be constructed
along the back of the existing two story frame
house shall be of compatible design and
materials to the character of that structure.
That no provision for vehicular access or
parking shall be made from Hanover Avenue or
17th Street to the rezoned property but will be
by the alley access and parking plan as shown on
attached Exhibit C.
That if the addition and renovation of the two
existing structures is not begun within two
years of the effective date of the ordinance
rezoning of the subject property, the zoning
classification shall return to that of RM-1,
Residential Multifamily District without further
action by City Council.
Plannin~ Commission public hearing was held on
February 6, 1991. Mr. Fred Shanks of Shanks
Associates, Inc., appeared before the Coz~ission on
behalf of the petitioner, ProTrek, Inc. Mr. Shanks
summarized the rezoning request by stating that the
purpose of the rezoning is to renovate and convert
the two existing dilapidated and deteriorating
structures on the property into five apartment units
with the parking being provided on the rear of the
site off the alleyway. He further stated that the
large trees and landscaping material will be added in
the front of the property and along the east side
adjoining another single family residence.
Mr. Jerome Hayden and Mr. Walter Fizer, partners in
ProTrek, Inc., appeared before the Commission and
reviewed the proposed interior and exterior
modifications to the house to accommodate its
conversion into four apartment units. Mr. Fizer
further addressed the use and renovation of the
smaller structure on the rear of the site into an
efficiency apartment unit.
No one from the public appeared before the Commission
to speak in favor of or in opposition to the request.
Members of the Council
Page 3
Considerable discussion took place among Commission
members, the petitioners and City staff regarding the
proposed alley access to the off-street parking area
on the site, the angle orientation of the parking
area, the structural alterations to the single family
structure and the use and conversion of the smaller
detached structure on the rear portion of the site
which resulted in the petitioner proffering two
additional conditions to the rezoning request.
First amended petition was filed on February 14,
1991. The following conditions were proffered by the
petitioner:
The rezoned property shall be used only for the
purpose of renovating and converting the
existing structures into residential apartments,
as defined in the zoning regulations of the City
of Roanoke.
That if developed, the rezoned property shall be
limited to and shall contain not more than five
(5) apartment units, of which not more than two
(2) shall be two-bedroom apartments, and not
more than three (3) shall be one-bedroom
apartments.
e
That the rezoned property shall be landscaped in
accordance with the concept plan herein attached
and referred to as Exhibit C. All plantings
shall be planted prior to the issuance of a
Certificate of Occupancy of the structures on
the rezoned property. Furthermore, that the
landscaping shall consist of one row of white
pines of at least six feet in height planted at
not more than ten foot intervals, subject to any
changes required by the City during
comprehensive development plan review.
That the proposed addition to be constructed
along the back and front of the existing two
story frame house shall be of compatible design
and materials to the character of that
structure.
That no provision for vehicular access or
parking shall be made from Hanover Avenue or
17th Street to the rezoned property but will be
by the alley access and parking plan as shown on
attached Exhibit C.
Members of the Council
Page 4
II. Issues:
ae
That if the addition and renovation of the two
existing structures is not begun within two
years of the effective date of the ordinance
rezoning of the subject property, the zoning
classification shall return to that of RM-1,
Residential Multifamily District without further
action by City Council.
Zoning of the subject property is RM-1, Residential
Multifamily District. Surrounding zoning in the area
is as follows: to the north, south, east and west is
RM-1, Residential Multifamily District and to the
southwest is RM-2, Residential Multifamily District.
Land use of the site is currently a vacant,
dilapidated older single family structure with a
detached accessory building on the rear portion of
the property. The single family structure has been
vacant for approximately four years and the detached
accessory building for approximately two years.
Surrounding land uses in the area are as follows:
single family residential to the north, east, south
and northwest; a vacant, cleared lot to the west and
a multifamily apartment building to the southwest.
Utilities are available and adequate. Stormdrainage
concerns and any other engineering or design problems
will be addressed and resolved during the
comprehensive plan review process.
Access to the subject property is provided by and
proposed to continue from the 12 foot wide alley to
the rear of the site, in keeping with one of the
characteristics of this older residential area.
There are no curb cuts to the property from the
adjoining 17th Street and Hanover Avenue frontages.
The City Traffic Engineer has stated that no
significant traffic generation nor impact on
adjoining streets is anticipated from the proposed
redevelopment of the property.
Screening of the subject property to the adjoining
single family residence to the east is required and
will be provided by the proffered landscape plan and
condition that requires a row of white pines to be
installed along the entire eastern property boundary
adjoining an existing wire/chain link fence.
Furthermore, comprehensive development plan review
will require that the trees be of 6" caliper or
greater when planted and that they will be maintained
in accordance with the City Code.
Members of the Council
Page 5
Neighborhood organization is the Melrose-Rugby
Neighborhood Association and by approval of its
executive board, a letter of endorsement,
supplemented by a signature petition of 16 adjoining
property owners and residents of the area, was
prepared and filed with the Office of the City Clerk
on January 16, 1991, in support of the rezoning
request and the proposed redevelopment of the subject
property.
G. Comprehensive Plan recommends that:
Neighborhood character and environmental quality
be protected.
A variety of housing choices in existing
neighborhoods be encouraged through a balance of
preservation, rehabilitation, and new
development.
III. Alternatives:
A. City Council approve the rezoning request.
Zonin9 of the subject property would be RM-2,
Residential Multifamily District.
Land use would become multifamily residential
and a vacant, dilapidated residential structure
and detached accessory structure are
rehabilitated and converted into an adaptive
reuse of the property.
Utilities are available and of adequate capacity
for the proposed redevelopment. Storm drainage
and any other engineering or design concerns can
be resolved during the comprehensive development
plan review process.
Access to and from the site can be safely
provided from the adjoining alley and proposed
off-street parking plan as proffered to be
revised with angle parking instead of the "head
in" parking as shown.
Screenin9 will be provided by the proffered
installation of plant material along the eastern
property boundary.
Neighborhood realizes the potential benefit from
the redevelopment of the site through the
renovation and adaptive reuse of the older
structures on the property.
Members of the Council
Page 6
Comprehensive Plan issues as set forth would be
followed.
B. City Council deny the rezoning request.
Zoning of the subject property would remain
RM-1, Residential Multifamily District. The
existing structures would remain dilapidated and
an eyesore to the neighborhood and community.
Land use would remain vacant, dilapidated
structures with the possibility of the site
being raised due to the continued deterioration
of the property.
3. Utilities would be unaffected.
4. Access would not be an issue.
5. Screening would not be provided.
Neighborhood would continue to be affected by
vacant and deteriorating structures that could
be adaptively reused as a source of alternative
housing within the area.
Comprehensive Plan issues as set forth could be
followed at a later date.
IV. Recommendation:
By a vote of 5-2 (Messrs. Bradshaw and Ferquson voting
against the motion) the Planning Commission recommended
approval of the requested rezoning with the additional
proffers to address the parking and area on the rear of
the site and the structural alterations to the front of
the older single family structure.
The proposed rezoning addresses several objectives set
forth in the comprehensive plan in that it would provide
an alternative housing choice in an established
neighborhood through the preservation, renovation and
adaptive reuse of older residential structures
characteristic of the neighborhood and community.
Respectfully submitted,
Charles A. Price, Jr., Chairman
Roanoke City Planning Commission
Members of the Council
Page 7
CAP:EDD:mpf
attachments
cc: Assistant City Attorney
Director of Public Works
City Engineer
Building Commissioner
Petitioner
IN RE:
Rezoning of a Tract of land lying in the northeast
quadrant of the intersection of Hanover Avenue, N.W.
and 17th Street, N.N. known as 1629 Hanover Avenue,
and also known as Tax Number 2220208, from RM!-i,
Residential Multifa~aily District to RM-2, Residential
Multifamily District, such rezoning to be subject to
certain conditionm.
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE
CITY OF ROANOKE:
The petitioner, Pro TreK, Inc., a Virginia Corporation, owns
the land in the City of Roanoke containing 0.3~4 acre, ,tore or
less, located at l&2g 14anovez Aven~e, N.N. and being Tax Number
2220208. Said tract is currently zoned RM-1, Residential
Multifamily District. A ~p of the property to be rezoned is
attached as Exhibit ~t.
Pursuant to Section 36.1-690, Code of the City of Roanoke
(1979), as amended, the ~etitioner requests that the said
property be rezone~[£rom RM-1, ~esidential Multifamily District
to RM-2, Residentia~iMultifa~lly District, subject to certain
conditions set ~ozt~: below~ for the purpose of renovating and
converting an. exll~tng older residential structure into a
multifamily apaz~-me~t building..
The Petitioner believes that the rezoning of said tract of
land will further the intent and purposes of the City's Zoning
Ordinance and its comprehensive plan, in that it will preserve an
existing residential structure vital to neighborhood character
and environment quality, expand neighborhood enhancement by
rehabilitating an unsightly property of the coeununity and by
private investment from an est~d~lished citizen of the community
for the renovation and ~aintenance of the subject property.
Page 2
Petition to Rezone
The petitioner hereby proffers and agrees that if the said
tract is rezoned aa req~eete~ that the rezoning will be subject
to, and that the Petltlone~ will abide by, the following
conditions: ~
The rezoned property shall be used only for the purpose
of renovating and co~erting the existing structures
into residential apaxtaenta, as defined in the zoning
regulations of thee City of Roanoke.
That if developed, the rezoned property shall be
limited to and shall contain not more than five (5)
apartment units., of which not more than two (2) shall
be two-bedroom apartments, and not more than three 3)
shall be one-bedroom a~artments.
That the rezoned property slmll be landscaped in
accordance with the concep~ plan herein attached and
referred to ~ a~ Exhibit ~ All plantings shall be
planted ~ztoZ[ ~ the~ iss~ce o~ a Certificate of
Occu~y O~ ~ S~es On the rezoned property.
FurtherB~e, .t~t ~ lan~Scaping shall consist of one
row o~ white p~s o~ at least six feet in height
plant~ ~%. no~ ~ze ~- te~ foot imtervals, subject
to an~ ~es z~fZe4 ~y ~ City during
compreSSive site- ~1~ ze~lew.
That ~/~'~po~ad addition and improveuntm to be
cona~along the back ami front of the existing
two al:~l£rane hou. shall be of co~patible design
and ~l~te~l&ls to the character of that structure.
That no provision for vehicular access or parking shall
bm ~ fro~nove~ Avenue or 17th Street to the
rezoned-'property hut will be by the alley access and
parking> plan aa show~ on attmched Exhibit C.
That If the addition_and red, ovatiOn of th~two existing
structures is;~ not: begun within two years of the
effective ~mte-.~o£ tha,ord/nmnce zezoning of the subject
property, ~ zonin~ clas~ificatlon a~1t return to
that of RM-1, ~sl~ential Multifamlly District without
further ac~iom b~ City COuncil.
Attached as Exhibit B are the na~es, addresses, and tax
numbers of the owner or owners of all lots or property
immediately adjacent to or iltmediately across a street or road
from the property to be rezoned.
WHEREFORE, the Petitione~ requests that the abow~ described
tract be rezoned as requested in accordance with the provisions
of the Zoning Ordinance of the City of Roanoke.
Respectfully submitted this 13th day of February, 19911.
Respectfully submitted,
By: Fred O.. Shanks, III, P.E.
Shanks Associates,
Engineers-Surveyors-Planners
313 Luck Avenue
Roanoke, Virginia 24011
(703) 343-66&5.,-
Vice President - Operations
Pro T~eX, Inc.
1624 Phinover Avenue, N.W.
Roanoke, Virginia 24017
(703) 344-0124
LOCATION
III
N
I
Iai
Iml-
STPEET ~
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S W ,Room 456
Roanoke, Virgm~a 24011
Telephone: (703)981-2541
February 21, 1991
SANDRA H. EAKIN
Deputy C~ty Clerk
File #51
Mr. Wa lmer M. Filer, Sr.
Vice-President - Operations
ProTrek, Inc.
1624 Hanover Avenue, N. W.
Roanoke, Virginia 24017
Mr. Fred O. Shanks, III,
Shanks Associates, PC
311 Luck Avenue, S. W.
Roanoke, Virginia 24011
Gentlemen:
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 ProTrek, Inc., a Virginia Corporation, that property
located at 1629 Hanover Avenue, N. W., identified as Official Tax
No. 2220208, be rezoned from RM-1, Residential Multi-Family, Low
Density District, to RM-2, Residential Multi-Family, Medium
Density District, subject to certain conditions proffered by the
petitioners.
Pursuant to Resolution No. 25523 adopted by the Council of the
City of Roanoke at a regular meeting held on Monday, April 6,
1981, a public hearing on the abovedescribed request has been set
for Monday, March 11, 1991, at 7:30 p.m., or as soon thereafter
as the matter may be heard, in the City Council Chamber, fourth
floor of the Municipal Building, 215 Church Avenue, S. W.
For your information, I am also enclosing copy of a notice of the
public hearing and an Ordinance providing for the rezoning, which
notice and Ordinance were prepared by the City Attorney's Office.
Please review the Ordinance and if you have questions, you may
contact Mr. SteYen J. Talevi, Assistant City Attorney, at
981-2431. Questions with regard to the Planning Commission
report should be directed to Mr. John R. Marlles, Chief of
Community Planning, at 981-2344.
Sincerely, _
Mary F. Parker, CMC/AAE
City Clerk
MFP:ra
PUBLIC47
~,,nc .
Mr. Walter M. Fizer, Sr.
Mr. Fred O. Shanks, III
February 21, 1991
Page 2
pc:
Mr. & Mrs. Herbert Reynolds, 1630 Staunton Avenue, N. W.,
Roanoke, Virginia 24017
Mr. & Mrs. John Witcher, 1628 Staunton Avenue, N. W.,
Roanoke, Virginia 24017
TRIAD Investments, c/o Anglin Realty, 816 Franklin Road,
S. W., Roanoke, Virginia 24016
Mr. Burgess L. Dent, 1611 Hanover Avenue, N. W., Roanoke,
Virginia 24017
Mr. & Mrs. Nathaniel Williams, 1630 Hanover Avenue, N. W.,
Roanoke, Virginia 24017
Mr. & Mrs. Jerome Hayden, 1624 Hanover Avenue, N. W.,
Roanoke, Virginia 24017
Mr. & Mrs. Walter Fizer, 1624 Hanover Avenue, N. W.,
Roanoke, Virginia 24017
R E D Investment Corporation, 3316 Kershaw Road, N. W.,
Roanoke, Virginia 24017
Mr. & Mrs. Arthur W. Reynolds, Route 1, Box 391, Nathalie,
Virginia 24577
Mr. Wayne G. Strickland, Executive Director, Fifth Planning
District Commission, P. 0. Box 2569, Roanoke, Virginia 24010
Mr. W. Robert Herbert, City Manager
Mr. Wilburn C. Dibling, Jr., City Attorney
Mr. Steven J. Talevi, Assistant City Attorney
Mr. Von W. Moody, III, Director of Real Estate Valuation
Mr. Charles A. Price, Jr., 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, Agent/Secretary, City Planning
Commission
Ms. Doris Layne, Office of Real Estate Valuation
L/U MANY F
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~OKATi~N~ ~ICH CUKPuNA~Iui~ IS PUoLI$~cR
OF THC
UAILY NEwSPAPm~ PUmLiSHE~ IN KGANU~, iN
THE STATm OF VIRGINIA, DC CYRT/FY THaT
The ANN~XE~ NUIiCE ~S PCoL~S~E~ IN S~IU
NOTICE OF PUBLIC HEARING
TO WHOM IT MAY CONCERN:
Pursuant to the provisions of Article VII of Chapter 36.1,
Code of the City of Roanoke (1979), as amended, the Council of the
City of Roanoke will hold a Public Hearing on Monday, March 11,
1991, at 7:30 p.m., in the Council Chamber in the Municipal
Building, 215 Church Avenue, S. W., on the question of rezoning
from RM-1, Residential Multifamily, Low Density District, to RM-2,
Residential Multifamily, Medium Density District, the following
property:
A tract of land lying in the northeast quadrant of the
intersection of Hanover Avenue, N.W., and 17th Street,
N.W., known as 1629 Hanover Avenue, N.W., and bearing
Official Tax No. 2220208.
A copy of this proposal is available for public inspection in
the Office of the City Clerk, Room 456, Municipal Building. Ail
parties in interest may appear on the above date and be heard on
the question.
GIVEN under my hand this 20th day of February , 1991.
Mary F. Parker, City Clerk.
Please publish in full twice in the Roanoke Times & World News, Morning
Edition, on Friday, February 22, 1991, and Friday, March 1, 1991.
Please send publisher's affidavit and bill to:
Ms. Mary F. Parker, City Clerk
Room 456, Municipal Building
Roanoke, Virginia 24011