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HomeMy WebLinkAboutCouncil Actions 12-18-17ROANOKE CITY COUNCIL REGULAR SESSION DECEMBER 18, 2017 2:00 P.M. CITY COUNCIL CHAMBER AGENDA 1. Call to Oder--Roll Call. Mayor Lea and Council Member Ferris were absent at the 2:00 p.m. session only The Invocation was delivered by The Reverend Jesse L. Bass, Pastor, New Covenant Assembly of God. The Pledge of Allegiance to the Flag of the United States of America was led by Vice -Mayor Anita J. Price. Welcome. Vice -Mayor Price. NOTICE: Today's Council meeting will be televised live and replayed on RVTV Channel 3 on Thursday, December 21 at 7:00 p.m., and Saturday, December 23 at 4:00 p.m.; and video streamed through Facebook Live at facebook .com/roanokecitycouncil. Council meetings are offered with closed captioning for the hearing impaired. ANNOUNCEMENTS: The Council of the City of Roanoke is seeking applications for the following current vacancies and /or upcoming expirations of terms of office: Board of Zoning Appeals — one vacancy Term of office ending December 31, 2020 City of Roanoke Redevelopment and Housing Authority — one vacancy Term of office ending August 31, 2021 Towing Advisory Board — one vacancy Term of office ending October 31, 2020 Youth Services Citizen Board — one vacancy Term of office ending June 30, 2020 (Citizen At- Large) Access the City's homepage to complete an online application for the abovementioned vacancies. 2. PRESENTATIONS AND ACKNOWLEDGEMENTS: Recognition of the United Black Veterans Society of Virginia (UBVS of VA) for their meritorious and honorable military service. Vice -Mayor Price presented letters from the Office of the Mayor to James Clinton Hurt, Sr., and Maurice Elliott Bingham, along with City gifts. Recognition of the Department of General Services on receiving two sustainability awards from the Virginia Energy Efficiency Council and the United States Department of Energy SunShot Initiative. Vice -Mayor Price presented the sustainability awards to Michael Shockley, Director of General Services and Sustainability; and Nell Boyle, Sustainability Outreach Coordinator. 3. HEARING OF CITIZENS UPON PUBLIC MATTERS: City Council sets this time as a priority for citizens to be heard. All matters will be referred to the City Manager for response, recommendation or report to Council, as he may deem appropriate. Martin D. Jeffrey appeared before Council to request an investigation of the status of an alleged agreement regarding properties behind the Wometco Bottling Company being reserved for lower- income single - family housing. Robert Graverly appeared before the Council to remind all that the Government is required to support its citizens. Dr. M. Rupert Cutler appeared before the Council to comment on the Downtown Roanoke 2017 Plan. 4. CONSENT AGENDA: (APPROVED 5 -0) All matters listed under the Consent Agenda are considered to be routine by the Members of City Council and will be enacted by one motion. There will be no separate discussion of the items. If discussion is desired, the item will be removed from the Consent Agenda and considered separately. C -1 Minutes of the regular meeting of City Council held on Monday, December 4, 2017. RECOMMENDED ACTION: Dispensed with the reading of the minutes and approved as recorded. C -2 A communication from the City Manager requesting that Council convene in Closed Meeting to discuss the disposition of publicly -owned property located at 13 Church Avenue, S. E., where discussion in an open meeting would adversely affect the negotiating strategy of the public body, pursuant to Section 2.2 3711 (A)(3), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concurred in the request. C -3 A communication from the City Manager recommending adoption of the Calendar of Events for Budget Development Activities for Fiscal Year 2018 — 2019. RECOMMENDED ACTION: Concurred in the request. C -4 A communication from the Assistant City Manager for Operations in response to a request from a citizen with regard to the activities and programs supported by the City of Roanoke in an effort to address poverty. RECOMMENDED ACTION: Received and filed. C -5 Minutes of the Audit Committee held on Wednesday, September 6, 2017. RECOMMENDED ACTION: Received and filed. C -6 Report of qualification of Jeanne Bollendorf as a member of the Roanoke Public Library Board for a three -year term of office ending June 30, 2018. RECOMMENDED ACTION: Received and filed. REGULAR AGENDA: 5. PUBLIC HEARINGS: NONE. 6. PETITIONS AND COMMUNICATIONS: a. Presentation of information with regard to the naming of the tennis court at River's Edge to honor local tennis great Carnis Poindexter. John P. Fishwick, Spokesperson. (Sponsored by Council Members Bestpitch and Garland) Remarks were received and filed; and the request was referred to the City Manager for recommendation to the Council. 7. REPORTS OF CITY OFFICERS AND COMMENTS OF THE CITY MANAGER: a. CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: 1. Appropriation of funds for construction of sign addition at the Roanoke Centre for Industry and Technology. Adopted Budget Ordinance No. 41017-121817. (5 -0) 2. Acceptance of HUD's Office of Lead Hazard Control and Healthy Home's FY 2017 grant award. Adopted Resolution No. 41018 - 121817 and Budget Ordinance No. 41019-121817. (5 -0) The City Manager submitted an additional item recommending execution of a Commonwealth of Virginia Development Opportunity Fund Performance Agreement among the City of Roanoke, Economic Development Authority of the City of Roanoke, Virginia, and PowerSchool Group, LLC, for improvement and equipping of offices located at 110 Franklin Road, S. E. Adopted Ordinance No. 41020 - 121817 and Budget Ordinance No. 41021 - 121817. (5 -0) COMMENTS OF THE CITY MANAGER. The City Manager commented on the following: City Notifies Property Owners about Solid Waste Collection Fee • This weekend, those who own property in the City of Roanoke received information in the mail explaining the new Solid Waste Collection Fee. • The information included a sample bill and a list of Frequently Asked Questions about the fee. • It also explained that the first billing will be in January for half of the yearly fee. It will be mailed to property owners on a separate bill and will have a due date of February 15, 2018. • Thereafter, the Solid Waste Collection fee will be included as a separate item on the real estate tax bills property owners receive in the fall and spring of each year, or — for property owners whose real estate taxes are paid through their mortgage escrow — they will likely see a subsequent adjustment in their escrow payments to offset the Solid Waste Collection fee. • The city has already received a few citizen inquiries regarding eligibility requirements for the elderly and disabled tax free. This information is available through the Office of the Commissioner of the Revenue, at 853 -2523 or online at www.roanokeva.gov /revenue, on the left side of the page click on Real Estate. 220 Off -Ramp to Downtown at Franklin Road Will Re -Open • Work to construct new bridge foundations for the Franklin Road Bridge Replacement project is near completion. • As a result, the northbound 220 off -ramp to downtown at Franklin Road is scheduled to re -open for the Friday morning commute on December 22. • The construction project began in January 2017 and remains scheduled for completion in late 2018. City Closings for the Upcoming Holidays • Offices will be closed on Monday, December 25 for the Christmas Holiday, and on Monday, January 1 for the New Year's holiday. • As a result of these closings, the City's Solid Waste Collection schedule will be delayed one day throughout the Christmas and New Year's weeks: • Monday trash, brush, bulk, and recycling will be collected on Tuesday • Tuesday trash, brush, bulk, and recycling will be collected on Wednesday • Wednesday trash, brush, bulk, and recycling will be collected on Thursday • Thursday trash, brush, bulk, and recycling will be collected on Friday Christmas week will be "A" Week recycling; New Year's week will be 'B" week recycling. Snow Season Approaches • In anticipation of the cold weather season, citizens recently received copies of the City's Snow Removal Information brochure in the mail. The publication includes: • a list of communication tools for citizens to access during snow events • an explanation of the city's process for snow removal • phone numbers for reporting power outages, problems with water mains Citizens are reminded that during a winter weather event, calls or texts to 911 should be reserved for medical, fire, or police emergencies only. 8. REPORTS OF COMMITTEES: a. A report of the Roanoke City School Board requesting appropriation of funds for various educational programs; and a report of the City Manager recommending that Council concur in the request. Donna Caldwell, Director of Accounting, Spokesperson. Adopted Budget Ordinance No. 41022-121817. (5 -0) 9. UNFINISHED BUSINESS: NONE. 10. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: Adopted Resolution No. 41023 - 121817 endorsing the principles and objectives of Age Friendly Communities in creating, promoting and sustaining livable communities for people of all ages. (5 -0) 11. MOTIONS AND MISCELLANEOUS BUSINESS: a. Inquiries and /or comments by the Vice -Mayor and Members of City Council. Recognize the Girl Scouts of Virginia Skyline Council a future Council meeting. Well wishes for a happy holiday season. b. Vacancies on certain authorities, boards, commissions and committees appointed by Council. NONE. 12. RECESSED - 3:30 P.M. E 13. RECONVENED - 4:08 P.M. CERTIFICATION OF CLOSED MEETING. (5 -0) 14. RECESSED - 4:09 P.M. ROANOKE CITY COUNCIL REGULAR SESSION DECEMBER 18, 2017 7:00 P.M. CITY COUNCIL CHAMBER AGENDA Call to Order - -Roll Call. Council Member Trinkle was absent; and Mayor Lea arrived late. The Invocation was delivered by Council Member William D. Bestpitch The Pledge of Allegiance to the Flag of the United States of America was led by Vice -Mayor Price. At this point, Mayor Lea entered the meeting. (7:03 a.m.) Welcome. Mayor Lea. NOTICE: Tonight's Council meeting will be televised live and replayed on RVTV Channel 3 on Thursday, December 21 at 7:00 p.m., and Saturday, December 23 at 4:00 p.m.; and video streamed through Facebook Live at facebook .com/roanokecitycouncil. Council meetings are offered with closed captioning for the hearing impaired. A. PRESENTATIONS AND ACKNOWLEDGEMENTS: Recognition of Roanoke City First Responders for their recent service associated with civil unrest and natural disasters in Virginia, Florida and Texas. Recognition of the City Public Safety personnel who were dispatched to Charlottesville, Texas (Hurricane Harvey), and Florida (Hurricane Enna). B. PUBLIC HEARINGS: Request of Star City Lodging, LLC, to rezone property located at 536 Orange Avenue, N. E., 0 Orange Avenue, N. E., 0 Williamson Road, N. E., 0 Short Street, N. W., 0 Louisiana Avenue, N. E., 0 Louisiana Avenue, N. E., 0 Louisiana Avenue, N. E., 0 Louisiana Avenue, N. E., from Commercial General District (CG) to Mixed Use Planned Unit Development District (MXPUD), subject to certain proffered conditions. Ben Crew, Balzer and Associates, Spokesperson. Adopted Ordinance No. 41024 - 121817. (6 -0) At this point, Council Member Dykstra left the meeting due to having a personal conflict of interest regarding the public hearing below. (7:25 p.m.) 2. Request of the City of Roanoke to vacate a portion of Villa Heights Park and to release the public's right to use a portion of Villa Heights Park, located at 2750 Hoover Street, N. W. Robert S. Cowell, Jr., City Manager. Adopted Ordinance No. 41025- 121817. (5 -0, Council Member Dykstra abstained from voting.) At this point, Council Member Dykstra reentered the meeting. (7:39 p.m.) 3. Request of the City of Roanoke to consider an amendment to Vision 2001 -2020, the City's Comprehensive Plan, to replace the 2002 Outlook Roanoke Update with the new Downtown Plan 2017. Robert S. Cowell, Jr., City Manager. Adopted Ordinance No. 41026 - 121817, as amended. (6 -0) 4. Proposal of the City of Roanoke to consider the realignment of the boundaries of voter precincts and reducing the number from 21 to 20 voter precincts and 1 central absentee voter precinct located at the office of the General Registrar, 317 Kimball Avenue, N. E., effective December 31, 2017. Daniel J. Callaghan, City Attorney. Adopted Ordinance No. 41027 - 121817. (6 -0) C. HEARING OF CITIZENS UPON PUBLIC MATTERS: City Council sets this time as a priority for citizens to be heard. All matters will be referred to the City Manager for response, recommendation or report to Council, as he may deem appropriate. Jordan Bell appeared before the Council to discuss recent shootings in the City and to offer his assistance to help reduce the number of homicides in the upcoming year. D. ADJOURNED - 9:48 P.M. 10 p R CITY E OFFICE OF F THE THE MAYOR 2 1 5 ( ' I I I )R('I I AVLNU[ , s . W., SI II'I,i J52 ROANOKk, VIRGINIA2401 L 150.1 _ III LP VI ION I- (41) N <1Vb1 I'AX. (5 {III NSLIH9 b'll I <ItMAN R LEA. SR. I MAII MAYOIta OANI Ikl VA nub Mnym December 18, 2017 Maurice Elliott Bingham 7780 Starlight Lane Boones Mill, Virginia 24065 RECOGNITION AND HONOR OF THE COMMITMENT OF ALL VETERANS! Dear Mr. Bingham: It is my thankful duty to be able to honor you who have served your Country in wartime and in peacetime with pride. You who have ensured that the freedom given to us by our God and engraved in our Constitution could be taken away by no tyrant. You are true patriots among all people, showing your patriotism in the strongest sense of national responsibility -- a patriotism which did not last just for the duration of your active military service, but is the steady dedication of a lifetime. The world can be an unstable place at times, and until the day comes when all men can come together in the peace and unity that God Our Creator intended for us, we will always need the dedicated and peace - loving men and women of the armed forces to stand as the guardians of freedom. Thank you for what you have done for this country and what you have done for each and every American citizen who reaps its bounty. May God continue to exceedingly and abundantly bless you throughout the remaining days of your life. Sincerely, ��Cr` Sr? Lea, . Mayor IIIIHIN \� SIII(NMAN I'. 1,11 A, SR. Mnpnr James Clinton Hurt, Sr. 3030 Cove Road, N.W. Roanoke, Virginia 24017 CITY OF ROANOKE OFFICE' OF THE MAYOR 2 L%('IIIIR('11 AVP:NUI., R.W., CUI'I1: 1,, ROANUKI'., VIRGINIA 24011 -ISYN P l li'I II INI I S -0q Nt l ).LI{ IAT` fA- Ilg1t1 IRIS bMNI MAYI Wn 91 IAN( IMA'A1,11\1 December 18, 2017 RECOGNITION AND HONOR OF THE COMMITMENT OF ALL VETERANS! Dear Mr. Hurt : It is my thankful duty to be able to honor you who have served your Country in wartime and in peacetime with pride. You who have ensured that the freedom given to us by our God and engraved in our Constitution could be taken away by no tyrant. You are true patriots among all people, showing your patriotism in the strongest sense of national responsibility -- a patriotism which did not last just for the duration of your active military service, but is the steady dedication of a lifetime. The world can be an unstable place at times, and until the day comes when all men can come together in the peace and unity that God Our Creator intended for us, we will always need the dedicated and peace - loving men and women of the armed forces to stand as the guardians of freedom. Thank you for what you have done for this country and what you have done for each and every American citizen who reaps its bounty. May God continue to exceedingly and abundantly bless you throughout the remaining days of your life. Sincerely, 'Sher P. Lea, Sr. Mayor Comments on "Downtown Roanoke 2017" by a Downtown Resident Submitted by Rupert Cutler 204 S. Jefferson Street, Suite 4, Roanoke, VA 24011 On October 31, 2017 The part of this excellent new planning document that appeals to my wife Brenda McDaniel and me the most is: Reclaim public spaces and amenities for appropriate civic use by all. We could not agree more that eliminating seating in public spaces has been counterproductive. It has prevented people from using those spaces such as Elmwood Park and Market Square, making the problem worse. When we take walks from our 204 S. Jefferson home, we would like to find benches on which to rest, enjoy the out -of- doors, and "people watch." Elmwood Park's lack of benches has been a disaster in that respect. There are concrete bench pads along the magnolia walk in Elmwood Park that cry out for the return of their benches. As the plan recommends, please add more tables and chairs to create the 'eyes on the street' element that will deter the anti - social behavior. For the 1,500 of us living downtown, we have no yards or front porches, so a place to sit and enjoy the outdoors is a vital amenity that could influence one's decision to live downtown. Other comments: "Fill in the Gaps." We live across the street from the former First National Exchange Bank building and just down the street from the long- vacant Heironomous Department Store. These and other empty street front spaces along Jefferson Street send a negative message. In other communities, artists have been employed to create vibrant studio - gallery- performance space action in previously vacant buildings, but rescuing these large Jefferson Street properties is more than the art community can handle by itself. There must be lessons that other communities have learned that can be applied along Roanoke's real Main Street to bring it more to life. As others have observed, we need a movie theater, a non - boutique grocery store, and national chain drug store downtown and these activities could fit in existing vacant spaces. In other communities, vacant buildings like Heironomous have been converted to parking garages. We see the Campbell Court bus station from our condo and walk that block of Campbell often. Through no fault of their own, the bus patrons waiting for their buses appear to be loitering on the street and this creates a negative vibe. We encourage prompt action on construction of a new multi -modal bus /train /taxicab station adjoining the new Amtrak passenger train platform. As noted in the plan, the Market Building is excellent "on the outside' and sterile on the inside. It used to be vibrant with food counter patrons but that activity seems to have been lost. Ways should be found to bring that valuable space back to life. (Market Square, on the other hand, is a great success) With respect to "short" Market Street and Wall Street, they can be narrowed so the restaurants have more outside seating space. Market Street between Campbell and Church could be closed except for farmers and other dealers and their trucks to be more of a pedestrian - friendly mall. It needs more real farmers there as often as possible, with special buy- food- downtown events scheduled to encourage people to buy healthy food from local farmers. We are strong supporters of public art and mini - parks. We like the idea of the "Urban Loop" as described in the plan. We think the Lick Run Greenway might be extended in some way to get across the tracks to downtown and tie into the Jefferson Street -Mill Mountain Greenway, perhaps in Market Square with some milepost set up there to advertise their presence. We have long wondered why the City of Roanoke does not make more of its adjacency to the Blue Ridge Parkway, the most visited unit of the National Park System. As far as we can tell, the only "wayfaring" sign pointing to the Parkway is on Walnut Avenue up the hill from Jefferson Street a couple of blocks. Asheville, NC promotes its nearness to the Parkway; why don't we? (For example, that wayfaring signpost in Market Square should include a sign that points up Jefferson Street to Walnut Avenue and says x miles to the Parkway.) Finally, the only way we could make these comments is by having a "hard copy" of the plan in hand. Reading it on a computer screen is hard to do. Hard copies should be available in libraries and many other public places, together with response forms and a place to deposit those forms. In summary, we like the "downtown Roanoke 2017" plan and encourage its prompt implementation. Ado .. CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: December 18, 2017 Subject: Request for Closed Meeting This is to request that City Council convene a closed meeting to discuss the disposition of publicly -owned property, located at 13 Church Avenue, S.E. (Tax Map No. 4011706), where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to §2.2- 3711.A.3, Code of Virginia (1950), as amended. ---- - - - - -- Robert S. Cowell, fir. City Manager Distribution: Council Appointed Officers eCITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: December 18, 2017 Subject: Adoption of Calendar of Events for Budget Development Activities for FY 2018 -2019 Considerations: Annually, City Council approves the Calendar of Events for Budget Development Activities for the upcoming fiscal year. The recommended Calendar of Events for FY 2018-2019 is attached. Recommended Action: Approve the attached Calendar of Events for Budget Development Activities for FY 2018 -2019. Robert Cowell City Manager Distribution: Council Appointed Officers Sherman M. Stovall, Assistant City Manager for Operations R. Brian Townsend, Assistant City Manager for Community Development CALENDAR OF EVENTS FOR BUDGET DEVELOPMENT ACTIVITIES FISCAL YEAR 2018 - 2019 Date Budget Preparation Activities January 2, 2018 Financial/ Budget Planning Work Session (Tuesday) (During 9:00 a.m. Morning Briefing Session) February S, 2018 Financial/ Budget Planning Work Session (During 9:00 a.m. Morning Briefing Session) March 5, 2018 Financial/ Budget Planning Work Session (continued) (During 9:00 a.m. Morning Briefing Session) April 2, 2018 Financial/ Budget Planning Work Session (continued) (During 9:00 a.m. Morning Briefing Session) April 16, 2018 Recommended budget presented to City Council at regularly scheduled meeting April 26, 2018 Public hearings on recommended budget and tax rates (Thursday) at 7:00 p.m. May 7, 2018 Budget Study May 14, 2018 City Council adopts General Fund, School Fund, Proprietary Fund budgets and an Update to the HUD Consolidated Plan and approves an annual appropriation ordinance at 2:00 p.m. ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, SW, Room 364 Roanoke, Virginia 24011 540 853,2333 www.roanokeva.gov December 1, 2017 Mr. Robert Gravely 3360 Hershberger Road, N.W. Apt. 51 Roanoke, Virginia 24017 Dear Mr. Gravely: As requested by Mayor Lea, this letter outlines the many activities and programs that the City of Roanoke supports in an effort to address poverty. Our efforts to address poverty begins with stabilizing families in need. The City facilitates the provision of services associated with the Virginia Initiative for Employment not Welfare (VIEW) to support the efforts of households receiving Temporary Assistance for Needy Families (TANF) to achieve independence through employment. Our Homeless Assistance Team works with area agencies to house the homeless. The 2017 Point in Time count shows progress in reducing the number of homeless people in the City with a 19.3% reduction from the prior year. The City is a partner in the Rehousing Youth for Success in Education (RYSE) program. This program assisted 9 families with students in Roanoke City Public Schools and 5 families who live in Roanoke, but do not have children in public schools. The City has targeted the use of Community Development Block Grant funds to focus on specific neighborhoods in an effort to spur revitalization and improve the quality of life for residents. The current target area is in the Melrose- Orange Avenue area. Additional programs supported by the City include: • Partnerships with the YMCA, United Way, and Total Action for Progress to provide assistance to those in low- income households and provide opportunities to overcome challenges. • Participation in Barl Roanoke Valley. This program is a partnership of financial institutions, local governments, and the United Way to improve the financial stability of unbanked and underbanked families. • Leadership and collaboration with local agencies on the Star City Reads Campaign to achieve measurable progress on student readiness outcomes. This program is recognized nationally for its success. • Students at both of our high schools are earning more Career and Technical Education credentials than ever before. This directly contributes to the future economic viability of the community. • High school graduates can attend Virginia Western Community College tuition - free via the Community College Access Program which is funded by the City of Roanoke, RCPS, and neighboring localities. In addition to supporting programs that provide support to stabilize families and move them out of poverty, there is also a focus on attracting businesses that provide jobs with good compensation. This is evidenced by the information outlined below. • Haley Toyota - 27 newjobs with average annual salary of $49,815. • Deschutes Brewery - 108 jobs with average annual salary of $44,928. • Humm Kombucha - 46 jobs with average annual salary of $39,462. • Earth Fare - 130 full and part -time jobs with average annual salary of $29,500. 1 trust the information above provides evidence and demonstrates that the City of Roanoke is committed to moving people out of poverty and providing programs focused on keeping people from transitioning into poverty. Sincerely, Ark Sherman M. Stovall Assistant City Manager for Operations City Council Robert S. Cowell, Jr., City Manager R. Brian Townsend, Assistant City Manager for Community Development MINUTES Audit Committee of Roanoke City Council Location: Council Conference Room Noel C. Taylor Municipal Building, Room 451 South Date: September 6, 2017 Time: 4:01 p.m. to 4:33 p.m. Attendees: Audit Committee Member Present (Y /N) William Bestpitch (Chair) Y Anita Price (Vice- Chair) N Michelle Dykstra Y Sherman Lea (ex- officio) Y Tasha Burkett, Financial Systems Auditor Dan Callaghan, City Attorney Drew Harmon, Municipal Auditor Bob Cowell, City Manager Dawn Hope Mullins, Assistant Municipal Auditor Wayne Parker, Senior Auditor Amelia Merchant, Acting Director of Finance Paul Workman, Acting Accounting Supervisor Andrea Trent, Assistant Director of Finance Can Spichek, Senior Auditor Sherman Stovall, Assistant City Manager for Operations Brian Townsend, Assistant City Manager for Community Development 1. Call to Order: Mr. Bestpitch called the meeting to order at 4:01 p.m. 2. City Council Expenditures - FY 17: Mr. Harmon noted that council members finished the year within budget, as shown in Exhibit 1. Overall expenditures for fiscal year 2017 were up about 4% over fiscal 2016. Training, travel and business meal expenses accounted for most of the increase. The City Clerk's budget for council expenses increased about 8% over the prior year, as shown in Exhibit 2. Mr. Harmon noted that one -time expenses related to hiring a city manager and renovating the Mayor's office accounted for most of the increase. September 6, 2017 Page 2 of 3 Ms. Dykstra asked if the audit reviewed transfers between accounts, specifically transfers within budgeted items made to cover expenses that go over budget. Mr. Harmon responded that transfers between accounts and between council members were audited. Policy requires that transfers between members of council be approved by a simple majority of council. Mr. Bestpitch commented that auditors usually select a random sample of transactions, but this audit covers 100% of the expenses. He felt that it is a good approach which the council appreciates. Mayor Lea concurred and added that the audit is an important part of the process that he appreciates. The report was received and filed without objection. 3. Annual Report- FY 17: Mr. Harmon began on page two of the report, noting that the school system reimburses the city for one full time equivalent. Having 18 % of audit resources utilized on school related work was consistent with the school agreement. The breakdown of audit activity on page three showed that consultations were emphasized in fiscal 2017. This included work on restructuring the tax and treasury functions as well as analyzing revenue shortfalls. The revenue work involved monthly meetings and retrieving data out of various systems to analyze trends. A revenue team that includes the City Manager's office, Finance, City Attorney, Auditing, the Treasurer and Commissioner continues to meet monthly to discuss revenue. Mr. Bestpitch suggested that management mention the revenue team's work at the Council's planning retreat. Mr. Stovall confirmed it would be part of the briefing. Performance audits were a significant category of activity, as outlined on pages six and seven of the annual report. Mr. Harmon highlighted work on school transportation, special education, and the purchasing card program. Work on financial related audits, follow up audits, and information systems accounted for the remaining audit activity. Mr. Harmon noted that work in the area of information systems and technology was only 2% of audit activity and will need more attention in the future. On page 11 of the report, Mr. Harmon noted that the percentage of time worked directly on audits did not meet its benchmark of 68 %. Indirect time consumed 37% of available resources, primarily in the areas of paid leave, employee development, meetings, and administrative tasks. Continuing education is an important component of employee development and is required to maintain each person's professional certifications. The department also holds daily briefings that support better collaboration and communication. Lastly, page 13 of the report covered department performance measures. Large projects like the tax and treasury project consumed significant hours that would have been used for other assignments. September 6, 2017 Page 3 of 3 The department fell well short of its goal to complete eight (8) assignments per person. Client satisfaction ratings continued to be very good and departments completed 93% of the actions they agreed to take to address audit findings. Mayor Lea asked City Manager Cowell how often all of the Department Directors meet. Mr. Stovall responded that they meet once a month. Mayor Lea asked for an invitation to the October meeting as he would like to attend. Mr. Bestpitch asked if the investigations shown on page three were the ones that come through the hotline, noting that it was 8°% of activity. Mr. Harmon confirmed that these were hotline investigations and that activity tends to fluctuate from year -to -year. The report was received and filed without objection. 4. Other Business: Mr. Bestpitch asked Mr. Harmon to update the committee on department staffing. Mr. Harmon stated that Senior Auditor accepted an offer from his former employer that was more money and allowed him to work from home. A new Senior Auditor has been hired in his place and starts on September 12. She previously worked at Cherry Bekaert and is a CPA with a Master's Degree in Accounting. A new project manager position will report to Auditing and be responsible for overseeing the implementation of a new tax and treasury system. Mr. Bestpitch asked if the position is being recruited as a time - limited position. Mr. Harmon confirmed that it was a temporary position that will be paid out of the capital project fund. Mr. Harmon reminded the committee of future meeting dates: 12/13/17 • 3/7/18 • 6/6/18 Mr. Stovall shared with the committee his appreciation for Dawn Mullins work in Finance, helping to close the books for fiscal year 2017. He wanted to publicly and specifically thank Dawn for all of her efforts. Mr. Bestpitch also recognized and thanked Amelia Merchant for her efforts as Acting Director of Finance. 5. Adjournment: Mr. Bestpitch adjourned the meeting at 4:33 p.m. C4P ITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 'relep Lane: (540)853 -2541 r Rnx: (540) 853 -1145 STEPHANIE M. MOON REYNOLDS, MMC E -nutil: derk(alruannkryu.,o CECELIA F. ME COY City Clerk Deputy City Clerk CECELIA T. WEBB, CMC Assistant Depuy City Clerk December 19, 2017 Sheila Umberger, Secretary Roanoke Public Library Board Roanoke, Virginia Dear Ms. Umberger: This is to advise you that Jeanne Bollendorf has qualified as a member of the Roanoke Public Library Board for a three -year term of office ending June 30, 2018. Sincerely, Stephanie M. Moon Reynolds, MMC City Clerk pMO17�N 1113 Oath or Affirmation of Office Commormeallh of Virginia. City of Roanoke, to -wit: I, JEANNE BOLLENDORF, do solemnly swear that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, i and that I will faithfully and Impartially discharge and perform all the duties incumbent upon me as a member of the Roanoke Public Library Board for a three ear term of office ending June 30, 2018, according to the best of my ability. So help me God. The foregoing oath of office was taken, swom to, and subscribed before me by Jeanne Bollendorf this _jt�dayof 2017. Brenda S. Hamilton, Clerk of the Circuit Court December 18, 2017 The Honorable Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Mayor Lea and Members of Council: Council Members William D. Besrpitch Michelle L Dykstra Raphael E. "Ray" Ferris John A. Garland Anita J. Price David B. Trinklc We jointly sponsor a request of John Fishwick to present information with regard to naming the tennis court at Rivers Edge to honor local tennis great Carnis Poindexter. Sincerely, William D. Bes pf itch Council Member - A&V ohn A. Garland Council Member W DB /JAG: ctw CITY OF ROANOKE CITY COUNCIL — i 215 Church Avenue, S.W. Noel C. Taylor Municipal Building, Suite 456 \�tROiNU /� Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 SHERMAN P. LEA, SR. Fax_ (540) 853 -1145 Mayor Email: clerk@roanokevagov December 18, 2017 The Honorable Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Mayor Lea and Members of Council: Council Members William D. Besrpitch Michelle L Dykstra Raphael E. "Ray" Ferris John A. Garland Anita J. Price David B. Trinklc We jointly sponsor a request of John Fishwick to present information with regard to naming the tennis court at Rivers Edge to honor local tennis great Carnis Poindexter. Sincerely, William D. Bes pf itch Council Member - A&V ohn A. Garland Council Member W DB /JAG: ctw &.6, Carnis Poindexter A Tennis Trailblazer A Distinguished & Dedicated Career Raised in Roanoke Returned to Roanoke to teach and coach Served in Army during Vietnam One of the greats in local tennis Roanoke, Born & Raised - Lucy Addison graduate (class of 1956) - Began playing tennis during his junior year - Dr. E.D. Downing, local dentist & coach i NAIA Champion - Captained Arkansas A &T (Arkansas State, Pine Bluff) Tennis Team - Won the NAIA National Championship in 1960 - Member of the ASU Athletics Hall of Fame rx[i'ai. xess�e am, xiswi�w ix<r Service in the Army Served in the Army during Vietnam Played and won many Army tournaments 1 Garrisoa Soldior Wins Two Post Tends Tid, Return to Roanoke - Returns home and enters 1964 City- County Championships - First African - American to win an Open Tournament in Virginia - Wi K R� V, L, A Ease of Final Victory Surprise To Poindexter, C -C Tennis Champ "He's just too good. He has fine strokes and he is a fine asset to local tennis" - Lu Merritt, Sr. after his 1964 C -C finals loss to Poindexter pet er _ in hr.s C - oindX 1w tr R.mn .M lu'.�� IM WI maam Idnu I< Pein�.lR Ih<P rills - ainnin[ 'root lY M. to I.A. IM Wd. it mi 114 toe trwbl< K..I o ritt In IM 111A Fame to <IM< wl W m.kh < p«UWW gsnR <shPl m AI<mLL a NI to i mk L...Tle itt IAt ±irsl Pa sM take . H a'.to ee. Fenm there h< mw M to lF< ..� cz <mmr.. rolReear mrleA the v<md t .a thnl¢h he were qIZ W .hlota k d� <Dm it ib,lh a.�M to -et P w IM ntl for r no Yllepbttd Lme M h < x eoth . .ur. dun are. uphua P, PnR • ry N+x, rrrmNiMwrin.rurMRmr ex fu LyoyrmGx!umar w u rYnW1 LNNry M . +NVY 0� y Yxnl1 In ,yq yryebl MR 43. 41.:5. I v.n<N Po.ke•ler. R inA .me A m e•� U e t . J.e No. Pxa V ^^I N lnrl rv,ma b. x,a� a mrx,a<I IR. N.N.na unieriwN lwaete ten. tYat• ti LL IwIm,M by r. �Pamly IIA mm¢ Ilr�rt�dnpl. Ytl w fWtrtF�vm Mwl In IM Md ca ler Yrv.w.a fe n MoW+Yr. .1, to from the P nroiti re �o,.r • IIW i 1h.e the rpnMR Wit' f.r fine Pit, to a icelleat Plmrtim.eallip tart ��eiyl.4wtWWN�iYt II Merrill .ho wsnotd nth Wk i1y�#Y .rrfle. M m t!. rov. 1. tlt <t'C Addeo ern.t IIW 4 W Ot. lua. n.Aim Me Ml.e far 1R Vd rYY 4. wrb a. V.' 'tnr. erE.iLMtaW.M Y w. '�` *A•ii a _? °xe. per tw eItod. He h. G M �o b .12, ud Ae to lit .liN IIII,I ` -g .zt . to Mr.i trNa." Mm y� id a I Y Qt 4_ it b 9 ` , 1 " '. P :alit r wn a ,, Z e h Y tlY tiv.Al bMe " vinnR. I P�)M , q uWt L.me �(axtM for faeR aawp1�1yyy� �, ,a. Lu Merritt ... A Badly Beaten Man ope Ls. 1 h a Irt d req fit, +1 y,f�L�O R�lpepp<l�d Merritt, a „Pl, h.pp• ulnner uia. l,bH wlr bAlp' 6 W r.•nlh McTN how POdu(�, a N+wa. Wxw le. rn W ty 4-” tuat.py T t;olilit nl aq,a •hl aLadeL N. rI.A Tiro,WIYIa I°�eWre a the Iwa1 WLLWe V thr Weence o"to' the COreV he ""Wo"le City- COIYIty teMie OWE. Ne _L- 1W10er. (Iret Negro to be the IA 1 0 wto lve to d aPeoWted bvv Tlr W= ..— 1964 Washington Park Champ Followed C -C win with championship in Washington Park in doubles and singles 1965 C -C Tournament Poindexter again claimed the title in Rw� EGC Teruris Begins Tomorrow Poindexter Defends Y •� W <...yYO .WYr 4rYU 6 '�' M�•E� WM WYO.F :".Y,,�M.... Pte! � pq..'. •m Y w.... s W.. . nn a� v .u'r•.w�� .Mp. 1.11 O. - Title 1965 Washington Park Champ Defended his title in singles & doubles Managed /ran tournament as well Ddendby CC Champ CoI-K NW. W NRIAp rj, Form 1966 C -C Tournament - Claimed third consecutive win - Dedicated to teaching & coaching 1'niodeirr, Pr.FI> U wr.. J. G tldlrr and Jarkie liurrwe nL. 1966 Salem Tennis C' Claimed title as top -seed Choosing Education 3 -time defending champ Poindexter chose school over C -C tournament Net Notes Cornis Poindexter Posses up Tennis for Summer � � .rirr '�•nr� rM1_ Yr�Y•�Xi `Hw' � +nM Jy.. Y �.a .'W r�i1RY� Y� rV YYi.1.rYMW �Y. LEE .1 n�r� .wrwe.wsw ++� i E r • a. e..e°... ....eL: ...... u. rr .r _'Cs i .rr.. row ver 1967 Salem Tennis Champ t-" a e >. Carms Poindexter �9lem Net Champ III` 1. ` I 1967 Washington Park Champ lPoindenter Toy Seed In TeniwTwmament %VT 2 v, irs� Pomdahrin Fimk u awani,mnm«t lPoindenter Toy Seed In TeniwTwmament %VT 2 v, irs� Return to RVITT (C -C) Ran the table to face the defending RVITT Champ 1968 RVITT Champ Come - from- behind victory gives Poindexter 4th RVITT title Poindexter Beats Tiring Burrows For Roanoke Valley Tennis Title 1969 Star City Champ Poindexter claimed the 1969 Star City Tournament while also a full time teacher, coach, and graduate student in biology Is Still Tops In His Class 1974 Memorial Day Champ - Trialing in the final set, 35 -year old Poindexter outlasted his 21 -year old opponent to claim the title W Poindexter off game but wins is ma& aw �rti •wi r x ua m+•i•, r P.rfP rrw wn •®.r•b sar me � yme a PwvEOUr � rr r i 1!e•e W b�' •••a Y r m sees see. _ r P•leidfr rpn feuv %,,.!r^rte�Yk Gal �..'— I.4y�•G•W T.e ttieebrukar tl0e IWme'sa NE n ne trawls an..w re H9eaam ewr w. �aatet 1975 Salem Tennis Champ Poindexter claimed his third Salem title with a borrowed racquet Career Statistics - 4 -time RVITT Champ (1964,1965, 1966, 1968) - 3 -time Salem Tennis Champ (1966,1967, 1975) - 3 -time Washington Park Champ (1964, 1965, 1967) - 2 -time Star City Champ (1969, 1971) - 1 -time Memorial Day Champ (1974) 1 -time NAIA National Champ (1960) 14 titles overall First African - American to win Open Tennis Tournament in Virginia Roanoke Tribune Article (7/29/16) - "Dr. ED Downing acknowledged my interest in tennis... [he] told me that I was good enough to go to college on a tennis scholarship. In September 1957,1 became self- taught, considered it my Christian duty to help others as he has helped me, so I passed it on." "I began working for the Recreation Department teaching tennis in the parks ... In dedication to this great man [Dr. Downing]... I taught the tennis players and took up Dr. Downing's role of sending them to college." - "...based on my recommendations, 25 Roanoke athletes attended Arkansas A.M. &N /UAPB from 1965 to 1975." Personality - a Model Roanoker - Humble beginnings - Teacher /coach for 30 years - Served in the military - Made an impact on people in this community -- passed it on - Active member & elder, Fifth Avenue Presbyterian Church (USA) Randy Dickey interview Personal testament 4 ,q, tom,.;;': Rl Teacher & Coach "Mr. P" in the classroom Pet snake that he allowed his favorite students to hold Taught from 1965 -1994 B.S. in Health & Physical Education from Arkansas State, Pine Bluff M.S. in Biology from North Carolina A &T State University "- Recognizing Trailblazers Dr. Johnson with Arthur Ashe, Althea Gibson, and others Carnis Played on these courts with Dr. Johnson r 0-6 V 27 DR. ROBERT WALTER JOHNSON (1899.1971) Th. a[.[q.oq.\m. of <bnl. s m. 1e1'aL.gy • bib Jexnaon'hTh.l fill, .rlee Amc.l[� u.c i shfr pavllege. [t Lye[FGV rq C[nera Xo.plt.A xn .I.o no.h[tl \o o [ e..an.n hcevinq YOe�p ALlun Amol[aes Oo\ Or tcnel.. A. ronntic. 01 the JOnloc Umelopm[n\ F.Ognh o1 txn Ameri<.n Lnni. Ae.o[latlan. Jobe[Op spon.O.m Araun.Am[.m.n pornrr r.om n: tnn [ onery b b.rn.men\..va [ o[n[e a <o.na Ln.m .q he..i AweR'ImxktlOn <b.mptonn ill[.n Qb AHF. clxwo ..a Arlb.. nine. fill, I.I.Ifa. 1pne.a I Ftliw T.—If 0 The Carnis Poindexter Tennis Complex at Rivers Edge (IP" IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of December, 2017. No. 41017 - 121817. AN ORDINANCE to appropriate funding for the Roanoke Centre for Industry and Technology sign addition project, amending and reordaining certain sections of the 2017- 2018 Capital Projects Fund Appropriations and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2017 -2018 Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Appropriated from General Revenue Appropriated from Third Party Revenues EDA Contribution for RCIT Sign RCIT Business Contribution — Sign 08- 310 - 9231 -9003 $ 10,334 08- 310 - 9231 -9004 20,666 08- 310 - 9231 -9231 10,333 08- 310 - 9231 -9232 10,333 Fund Balance Economic & Community Development Reserve Unappropriated 08 -3365 (10,334) Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTE T: arn ty cler, ,�7D n lam, CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: December 18, 2017 Subject: Appropriation of Funds for Construction of Sign Addition at the Roanoke Centre for Industry and Technology Background: When the Roanoke Centre for Industry and Technology (RCIT) was developed by the City in the 1980's a monument sign was erected at the intersection of Blue Hills Drive, N.E. and Orange Avenue, N.E. (US Highway 460). This sign includes the RCIT name and the City star symbol. In recent years several of the businesses located in RCIT have requested that the City add the business names to the sign. This addition would serve as a directory and assist visitors in locating specific businesses located within RCIT. Following an extensive design process led by the City Engineering Division in consultation with the RCIT businesses, the design for a sign addition was adopted and proposals were invited from sign companies. The Economic Development Department staff worked with the businesses to devise a cost sharing plan to finance the sign addition similar to the successful sidewalk construction project approved by the City Council in 2014. This plan is based on a three -way sharing of construction costs. One third of the cost would be paid by the businesses that choose to have their names included on the sign addition, one third would be paid by the City of Roanoke Economic Development Authority (EDA), and one third would be paid by the City. At their November 15, 2017 meeting the EDA approved contributing one third of the cost for the sign addition not to exceed $15,000. The top ranked proposal for the sign addition including cleaning and refurbishment of the existing sign was submitted by Budget Signs of Roanoke. The proposed price is $29,162 plus permitting and engineering costs estimated to be $1,000. A drawing of the proposed sign is attached. The business names listed on this drawing are for illustrative purposes only. The actual names of the businesses that choose to participate will be listed in alphabetical order. Considerations: Allowing for a contingency amount, the estimated cost of the sign addition and refurbishment is $31,000. This cost is proposed to be shared equally by the City, EDA, and those companies who want their name displayed on the sign. Recommended Action: Adopt the accompanying budget ordinance to establish a revenue estimate in the amount of $10,333 for the share from the participating RCIT businesses and $10,333 from the EDA in a project account to be established by the Director of Finance in the Capital Projects Fund. Appropriate funding in the amount of $10,334 from the Economic and Community Development Reserve to the aforementioned project account to be established. Establish a total expenditure budget of $31,000 forthe project. -- —4--V ------ - - - - -- Robert S. Cowell, jr. City Manager Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager Wayne Bowers, Director, Economic Development Amelia C. Merchant, Director of Finance 162" 116 "� 12.5" 116' 12. Side Elevation bumam -M N l N IN 'I1[[: C'OIINC'II.OF'1'III.C'I'IY OF ROANOKE, VIRGINIA The 18th day of December, 2017. No. 41018 - 121817. A RFSOLI]'I[ON accepting a grant iron the Department of Housing and Urban Development to the City, and authorizing execution of any required documents on behah'of the City in Connection with such grant, undet certain conditions. 131' IT RESOLVED by the Council of the City of Roanoke as follows: The City of Roanoke hereby accepts the Department of Housing and Urban Development Lead Hazard Control Office of Healthy Home's FY 2017 Lead -Based Paint Hazard Control Grant in the amount of $2,719,660.00, with a $275,138.00 local match from the City, for a total project amount of $2,994,798.00 for this 36 month program. The City match will be satisfied from several sources, all of which is more particularly described in the City Council Agenda Report dated December 18, 2017. 2. The City Manager and the City Clerk are hereby authorized to execute, sea], and attest, respectively, the grant agreement and all necessary documents required to accept the grant, all such documents to be approved as to form by the City Attorney. 3. The City Manager is further directed to furnish such additional information as may be required in connection with the City's acceptance of this grant. R - Load Huard wd Control grut doc ATTEST. City Clerk. 0w) IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of December, 2017. No. 41019- 121.817. AN ORDINANCE to appropriate funding from the United States Department of Housing and Urban Development for the Lead Hazard Control Grant, amending and reordaining certain sections of the 2017 -2018 Capital Projects and Grant Funds Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2017 -2018 Capital Projects and Grant Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Capital Project Fund Appropriations Transfer to Grant Funds 08- 530 - 9712 -9535 $100,000 Fund Balance Economic and Community Dev Reserve 08 -3365 (100,000) Special Revenue Fund Appropriations Regular Employee Salary 35- 615- 8185 -1002 $516,105 City Retirement 35- 615 -8185 -1105 84,711 401H Health Savings 35 -615- 8185 -1117 2,209 FICA 35- 615- 8185 -1120 35,587 Medical Insurance 35- 615 - 8185 -1125 69,080 Dental Insurance 35- 615 - 8185 -1126 2,673 Life Insurance 35- 615 - 8185 -1130 6,458 Disability Insurance 35- 615- 8185 -1131 564 Training 35 -615- 8185 -2044 21,950 Travel 35- 615 -8185 -8052 26,738 Supplies 35- 615 -8185 -8055 16,600 Relocation 35- 615 - 8185 -8254 71,960 Lead Testing and Clearance 35- 615 - 8185 -8255 122,750 LHC Single Family Units 35- 615 - 8185 -8256 972,650 LHC Rental Units 35 -615- 8185 -8257 625,275 Other Direct Costs 35 -615- 8185 -8258 14,725 Healthy Homes Units 35- 615 -8185 -8259 225,125 Blood Screenings 35 -615- 8185 -8260 4,500 Revenues Lead Hazard Control Grant FY15 35- 615 - 8185 -8185 2,719,660 Lead Hazard Control Grant FY15- Local 35- 615- 8185 -8186 100,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: December 18, 2017 Subject: HUD Office of Lead Hazard Control and Healthy Homes FY2017 Lead -based Paint Hazard Control Grant Background: In October 2003, HUD awarded the City of Roanoke (City) a 36- month, $1.5 million dollar grant to help prevent lead poisoning in children ages 5 and under by testing them for lead poisoning, educating the community on the hazards associated with lead -based paint; and identifying, assessing, and performing lead hazard control activities in eligible privately -owned rental and owner - occupied housing units within targeted areas of the City. Partnerships were immediately formed between various City departments, the Roanoke City Health Department (RCHD), and non - profit organizations to create the Lead Safe Roanoke program. The program ended successfully in December, 2008. On February 25, 2009, the Department of Housing and Urban Development announced, as part of the funds provided by the American Recovery and Reinvestment Act of 2009, an award $1,406,633 to continue building upon the accomplishments of the initial Lead Safe Roanoke program. On September 19, 2011, the Department of Housing and Urban Development announced that the City's application submitted in June, 2011, in response to the Office of Healthy Homes and Lead Hazard Control's FY 2011 Notice of Funding Availability (NOFA) was being awarded $1,855,733 to continue building upon the accomplishments of the previous Lead Safe Roanoke program. On September 30, 2014, the Department of Housing and Urban Development announced that the City's application submitted in June, 2014, in response to the Office of Lead Hazard Control and Healthy Homes FY2014 NOFA was being awarded $2,179,064 to continue the Lead Safe Roanoke program for another three year period. The 2014 HUD Grant ends January 4, 2018. On June 27, 2017, the Department of Housing and Urban Development announced that the City's application submitted in March, 2017, in response to the Office of Lead Hazard Control and Healthy Homes FY 2017 NOFA was being awarded $2,719,660 to continue the Lead Safe Roanoke Program for another three year period. Considerations HUD requires that the City of Roanoke provide a minimum local match of 10% in the form of cash and in -kind services. A City match of $275,138 for this 36- month program will be met from various sources. City funds in the amount of $100,000 will assist with the costs of the lead hazard control activities to be performed. These funds will be provided from the FY 2017 -2018 budget Contingency account. The remainder of the match will be provided through in -kind City staff time valued at $31,112; in -kind blood screenings valued at $32,700 provided by New Horizons Healthcare, Dominion Lodging, Inc.- Mainstay Suites will provide discounted relocation services for applicant families valued at $23,800; in -kind EPA - accredited Renovation, Repair and Painting (RRP) training valued at $4,950 will be provided by the El Group, Inc., as well as by Froehling and Robertson, Inc. at a value of $8,000; in -kind Public Service Announcements valued at $54,000 will be provided by Roanoke Valley Cable Television; Strahle Construction, Inc., will provide lead safe cleaning and training to applicant families at a value of $12,650; Roanoke Redevelopment and Housing Authority will provide outreach and education services for the program valued at $2,526; and in -kind storage valued at $5,400 will be provided by W.E.L., Inc., to allow for the storage of Lead Safe Roanoke related cleaning supplies used in cleaning kits to be provided to participants in the program and outreach and education supplies. The program will continue to be administered by a full time Program Manager, Program Support Specialist, and Administrative /Budget Assistant. Recommended Action: Accept the Office of Lead Hazard Control and Healthy Home's FY 2017 grant award of $2,719,660 described above, and authorize the City Manager to execute the grant agreement and related documents, in such form as approved by the City Attorney. Adopt the accompanying budget ordinance to establish a revenue estimate of $2,719,660 and transfer funding in the amount of $100,000 from the FY 2017- 2018 budget Contingency account and to appropriate total funding of $2,189,660 in accounts to be established in the Grant Fund by the Director of Finance Robert S. Cowell, Jr. City Manager Attachments Distribution: Council Appointed Officers Brian Townsend, Asst. City Manager for Community Development Chris Chittum, Director, Planning Building and Development Amelia C. Merchant, Director of Finance Assistance Award /Amendment U.S. Department of Housing and Urban Development I. Assistance Instrument 2- Typcof Action ❑ Cooperative Agreement ® Grant ❑ Award ® Amendment 3. Instrument Number 4. Amendment Number 5. Effective Dale ofthis Action 6. Contra Number VALHB0642 -17 I See Block 420 7 -Name vad Address of Recipient 8. I IUD Adminatering Office City of Roanoke HUD, Office of Lead Hazard Control and Healthy Homes 215 Church Ave, SW Ran 208 North 451 Seventh Street, SW Roanoke, Virginia 24011 -0016 Room 8236 Washington, DC 20410 & Name of Adminiwrator 8b. telephone Number ROBERT M. HOUSTON (202)402 -5056 10. Recipient Prairie Manager 9. IIUD Covemment Teohnieal Representative Bob Clement, 540 -853 -5210, bob.element@roanokeva.gov Jomette Simmons (678) 732 -2625 11. Assistance Armugement 12. payment Method 13. HUD Payment Of ra ® Cost Reimbursement ❑ Treasaty Check Reimbursement U.S. Dept. of HUD ❑ Cost Sharing ❑ Advance Check CFO Accounting Center, 6AF ❑ Fixed Price ® Automated Clearinghouse 801 Cherry St., Unit 445 Ste. 2500 Fort Worth, TX 76102 14. Assistance Parana 15. HUD Accounting and Appmprmlion Data Previous HUD Amount $2,719,660.00 151. R,w st on number 8617/180174 17LRHH /LRLHR -$ _ - -- $225,535.00 86171180174 OLRHHILRHHI $225,125.00 LNC ❑ -II [FYI]) - -HUD Amount this action S .00 Total HUD Amount _ $2,719,66000 Amount Picewi usly Obligated _ $2719,66000 Recipient Amount $ 275,138 20 Obligation by tha action $ 011. Total Instrument Amount 52995798.20 Total Oblieahon $2719660.00 16. Description Employer identifrcafion: 54- 6001569 DUNS: 006704316 Program: LHB /HHO This instrument sets forth the agreement between the parties as to all terms and conditions and provisions herein. By signing this award document, the Grantee certifies that it is in compliance with all administrative and financial provisions of this award. This grant instrument consists of the following, some of which are incorporated by reference: L Cover Page, HUD 1044 2. Schedule of Articles / 2017 Terms and Conditions 3. Statement of Work/Work Plan/Benchmark Standards 4. Lead Ilazard Control Program Policy Guidance Issuances 5. Grantee's financial and technical proposal 6. Mutually agreed and negotiated proposal changes 7. Abstract ofgont activities 8. TITLE 2. GRANTS AND AGREEMENTS - PART 200 - UNIFORM ADMINISTRATIVE REOUTRFMENTS COST PRINCIPLES AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS [http: / /www.ecfr.gov /egi -bin /text- Walruide-2:LL2. 2.11 9. HHRS training and implementation is no longer required for the use wand Healthy Homes Supplement Funds. 10. Notice of Grant Opportunity main need in GRANTS.GOV (FR- 6100 -N -12) - Posted date: Tuesday, February 07, 2017 Period of Performance: January 16, 2018 Through January 15, 2021 - 36 months 17. ® Recipient is required to sign and return three (3) copies I8 ❑ Recipient is not required to sign this document. 20. HUD (By Name) Loyen Marie Waite Date (marca yyyy) Grant Officer of Handbook 2210.17 U.S. Department of Housing and Urban Development Office of Lead Hazard Control and Healthy Homes Terms and Conditions for FY 2017 Grants and Cooperative Agreements TABLE OF CONTENTS PREFACE A. Overview of Award Implementation B. Definitions C. Changes to Reporting — Transparency Act Reporting D. English Language E. Conflict of Interest F. Determining Subreeipient or Contractor Classification G. Procurement Standards H. Treating Zero - Bedroom Pre -1978 Units with a Child under Age 6 under Lead I Lazard Control Grant (New) PROGRAM REQUIREMENTS 1. Administrative Costs 2. Administrative Requirements 1 Advance Payment by Treasury Check or Electronic Funds Transfer 4. Allowable Costs 5. Amendments 6. Amount of Cost Share (Estimated Cost and Payment — Matching) 7. Budget 8. Certifications and Assurances 9. Changes to Award Agreement 10. Closeout 11. Conduct of Work 12. Collection of Data 13. Contact Information Updates 14, Copyrights 15. Direct Costs 16. Disputes 17. Estimated Cost and Payment Line of Credit Control System (LOCCS) 18. Equipment 19. Flow Down Provisions 20. Grantee Lead Certification Program Requirement 21. Single Audit Reporting Requirements 22. HUD's Right to Audit and Disallow Cost and Recover Funds 23. HUD's Substantial Involvement 24. Incurrence of Costs 25. Indirect (F &A) Cost Rate 26. Inspection and Acceptance 27. Key Personnel 28. Liability Insurance Terms and Conditions for FY 2017 Grants and Cooperative Agreements 29. Limitation of Consultant Payments 30. Limitation on Payments to Influence Certain Federal Transactions 3 L Lobbying Activities Prohibition 32. Grant Deliverables (If Applicable) 33. Order of Precedence 34. Patent Rights (Small Business Firms and Nonprofit Organizations) 35. Period of Performance and Extensions 36. Prc -award Costs 37.Profit /Fee 38. Program Income 39. Project Management System 40. Publications and News Releases 41. Release of Funds and Environmental Certification 42. Review of Deliverables 43. Sanctions 44. Scope of Services 45. Special Conditions 46. Suspension and Termination (For Cause) ATTACHMENT List of Actions Due PREFACE The Office of Management and Budget (OMB) has published final guidance, 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. The OMB - issued uniform guidance supersedes, consolidates, and streamlines requirements from eight OMB Circulars: A -21 (Cost Principles for Educational Institutions), A -87 (Cost Principles for State, Local and Indian Tribal Governments), A -89 (Catalog of Federal Domestic Assistance), A -102 (Grants and Cooperative Agreements With State and Local Governments), A -110 (Uniform Administrative Requirements for Grants and Other Agreements with Institutions of Higher Education, Hospitals and Other Non -Profit Organizations), A -122 (Cost Principles for Non -Profit Organizations), and A -133 (Audits of States, Local Governments, and Non -Profit Organizations), and the guidance in OMB Circular A -50 (Audit Follow -up) on Single Audit Act follow -up. This guidance is applicable to non - Federal entities as of December 26, 2014, with one exception for HUD grants non- Federal entities previously subject to 24 CFR Part 84 (Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and other Non -Profit Organizations) will have a one -year grace period to comply with the revised procurement standards in 2 CFR ,§§200.318 §200326. Terms and Conditions for FY 2017 Grants and Cooperative Agreements GRANT/COOPERATIVE AGREEMENT GENERAL The Grant /Cooperative Agreement (also referred to as an award document) consists of the form HUD - 1044, including any special conditions, and these Grant/Cooperative Agreement Provisions. The Grantee must comply with the requirements and conditions established in the Grant /Cooperative Agreement. A. Overview of Award Implementation This instrument reflects the acceptance of the budget, key personnel and basic conditions of the Applicant's approved general proposal, or any subsequent revision, submitted in response to the Notice of Funding Availability (NOFA) for the Department of Housing and Urban Development, Office of Lead I lazard Control and Healthy Homes Grant Programs for the NOFA indicated on the form HUD -1044 cover page. As a condition of accepting the grant award, the Grantee and sub - recipients, as applicable, agree to the following: The Grantee must complete and submit a revised management and work plan, Deliverables /Outcomes and Budget (summarized on the Benchmark Standards) within 60 calendar days of the effective date of the award (form HUD - 1044). These revisions shall update the general/basic plan submitted with the proposal and include any negotiated changes to the work plan and budget. Revisions should be developed per the instructions provided by the assigned Government Technical Representative (GTR). If identified issues are not addressed satisfactorily, the Grantee's grant may be terminated based on failure to successfully conclude negotiations or to provide HUD with requested information, in accordance with the General Section of the NOFA for which the Grantee applied. A Grantee whose work plan includes conducting activities that physically alter the dwelling or its property, such as lead hazard control or other healthy homes interventions, will not be allowed to draw down funds prior N the completion of a satisfactory environmental review by the appropriate I IUD Environmental Officer and its receipt of an approved Request far Release of Funds and Certification, as prescribed within this agreement. See OLHCHH Policv Guidance 2008 -03 for further details. B. Definitions' "Allocable Costs" as defined in 2 CPR §200.405, costs that are allocable to a particular cost objective if the goods or services involved are chargeable or assignable to such cost objective in accordance with relative benefits received. This standard is met if the cost: (1) is incurred specifically for the Federal award; (2) benefits both the Federal award and other work of the Grantee and can be distributed in proportions that may be approximated using reasonable methods; and (3) is 'In accordance with 2 CFR Pan 200 and the HUD Guidelines for the Evaluation and Control of Lead - Based Paint Hazards in Housing, and applicable Notices of Funding Availability. Terms and Conditions for FY 2017 Grants and Cooperative Agreements necessary to the overall operation of the Grantee and is assignable in part to the Federal award in accordance with the principles in 2 CFR Part 200, subpart E— Cost Principles. All activities that benefit from the Grantee's indirect costs, including unallowable activities and services donated to the Grantee by third parties, will receive an appropriate allocation of indirect costs. Any cost allocable to a Federal award or cost objective may not be charged to other Federal awards to overcome fund deficiencies, to avoid restrictions imposed by law or terms of the Federal awards, or for other reasons. "Commercial and Government Entity (CAGE) Code" is a unique identifier assigned to suppliers to various government, as well as to Federal Agencies and various organizations. CAGE codes provide a standardized method of identifying a given facility at a specific location. "Contract" as defined in 2 CFR §200.22 means a legal instrument by which a non- Federal entity purchases property or services needed to carry out the project or program under a Federal award. "Contractor" means an entity that receives a contract as defined in 2 CFR §200.22 Contract "Direct Costs" as defure in 2 CFR §200.413 are those costs that can be identified specifically with a particular final cost objective, such as a Federal award, or other internally or externally funded activity, or that can be directly assigned to such activities relatively easily with a high degree of accuracy. Typical direct costs chargeable to Federal awards are: Compensation of employees for the time devoted and identified specifically to the performance of those awards; Cost of materials acquired, consumed, or expended specifically for the purpose of those awards; Equipment and other approved capital expenditures; and travel expenses incurred specifically to carry out the award. Any direct cost of a minor amount may be treated as an indirect cost for reasons of practicality where such accounting treatment for that item of cost is consistently applied to all cost objectives. A cost may not be assigned to a Federal award as a direct cost if any other cost incurred for the same purpose in like circumstances has been allocated to the Federal award as an indirect cost. Refer to the Notice of Funding Availability (NOFA) for specific information regarding what constitutes Direct Costs for you and anv applicable programmatic requirements you must adhere to. "Disallowable Costs" means those charges to an award that HUD determines to be unallowable, in accordance with the applicable Federal cast principles or other terns and conditions contained in the award. "General Purpose Equipment" as defined 2 CFR §200.48 means equipment which is not limited to research, medical, scientific or other technical activities. Examples include office equipment and furnishings, modular offices, telephone networks, information technology equipment and systems, air conditioning equipment, reproduction and printing equipment, and motor vehicles. "Government Technical Representative" (GTR) means the HUD Official who is responsible for the technical administration of the grant, the evaluation of performance under the grant the acceptance of technical reports or projects, and other such specific responsibilities as may be stipulated in the grant. Terms and Conditions for FY 2017 Grants and Cooperative Agreements "Grant Award" "Cooperative Agreement" or "Federal Award" means the award document consisting of the HUD -1044, including any special conditions; these award provisions refer to either a grant or a cooperative agreement instrument. "Grantee" or "Recipient" as defined in 2 CFR §200.86, means non - Federal entity that expends Federal awards received directly from a Federal awarding agency to carry out an activity under a Federal program. "Grant Officer" means the official authorized by I IUD to execute and/or administer this grant. This term also refers to a Cooperative Agreement Officer when the instrument is a cooperative agreement. "Guidelines" refers to the definitions, standards and information contained in the latest edition of the "Guidelines for the Evaluation and Control of Lead -Based Paint in Housing." The Guidelines are incorporated by reference into the grant. "HHGMS" means Hcalthy I Tomes Grant Management System. The OLHCHH online data management system that allows processing administrative, technical actions, and quarterly reporting among the Grantee, Government Technical Representative, and Grant Officer. "HUD" means Department of Housing and Urban Development. "Indirect (Facilities & Administrative (F &A) Costs" as defined in 2 CFR §200.56 means those costs incurred for a common or joint purpose benefitting more than one cost objective, and not readily assignable to the cost objectives specifically benefitted, without effort disproportionate to the results achieved. To facilitate equitable distribution of indirect expenses to the cost objectives served, it may be necessary to establish several pools of indirect (F &A) costs. Indirect (F &A) cost pools must be distributed to benefitted cost objectives on bases that will produce an equitable result in consideration of relative benefits derived. The term applies to costs of this type originating in the Grantee's organizational unit, as well as those incurred by other organizational units or other entities in supplying goods, services, and facilities. To facilitate equitable distribution of indirect expenses to the cost objectives served, it may be necessary to establish several pools of indirect costs within a Grantee's organizational unit or in other agencies providing services to a Grantee's organizational unit. Indirect cost pools should be distributed to benefitted cost objectives on bases that will produce an equitable result in consideration of relative benefits derived. "Modified Total Direct Cost (MTDC)" as defined in 2 CFR §200.68 means all direct salaries and wages, applicable fringe benefits, materials and supplies, services, travel, and up to the first $25.000 of each subaward (regardless of the period of performance of the subawards under the award). MTDC excludes equipment, capital expenditures, charges for patient care, rental costs, tuition remission, scholarships and fellowships, participant support costs and the portion of each subaward more than $25,000. Other items may only be excluded when necessary to avoid a serious inequity in the distribution of indirect costs, and with the approval of the cognizant agency for indirect costs. "Must" or "Shall' means a mandatory requirement of the Terms and Conditions in association with the form I IUD- 1044 for the grant or cooperative agreement. Terms and Conditions for FY 2017 Grants and Cooperative Agreements "NOFA" means the Notice of Funding Availability that announced the availability of funding for this award. "Non - Federal Entity" as define in 2 CFR §200.69 means a state, local government, Indian Tribe, Institution of Higher Education (THE), or Nonprofit Organization that carries out a Federal award as a Recipient or Subrecipient. "OLHCHH" means the HUD Office of Lead Hazard Control and Healthy Homes. "Partner or Partnership" is identified as a Subgrantee or Contractor that has an arrangement in which skills, services, or resources are shared in accordance with the partnership agreement to meet the goals of the grant or cooperative agreement. "Pass- Through Entity" as defined in 2 CFR §200.74, means a non - Federal entity that provides a subaward to a subrecipient to carry out part of a Federal program. "Prohibited Awarding" is defined as contracts or subrecipient agreements not approved in writing by the Grant Specialist/Grant Officer when cost or funds exceed $3,500.00. "Publication" includes: (a) any document containing information for public consumption; or (b) the act of, or any act which may result in, disclosing information to the public. "Research" as defined in 2 CFR §200.87, means a systematic study directed toward fuller scientific knowledge or understanding of the subject studied. "Development" is the systematic use of knowledge and understanding gained from research directed toward the production of useful materials, devices, systems, or methods, including design and development of prototypes and processes. "Should" means the best practices or recommended approach of the Terms and Conditions in association with the form HUD -1044 for the grant or cooperative agreement. "Subaward" as defined in 2 CFR 200.92, means an award provided by a pass - through entity to a subrecipient for the subrecipient to carry out part of a Federal award received by the pass - through entity. It does not include payments to a contractor or payments to an individual that is a beneficiary of a Federal program. A subaward may be provided through any form of legal agreement, including an agreement that the pass - through entity considers a contract. "subrecipient" or " Subgrantee" as defined in 2 CFR §200.23 means an entity that receives a contract. A "contract" is defined in 2 CFR §200.22 as a legal instrument by which a non - Federal entity purchases property or services needed to carry out the project or program under a Federal award. The term as used in 2 CFR Part 200 and in these Terms & Conditions does not include a legal instrument, even if the non- Federal entity considers it a contract, when the substance of the transaction meets the definition of a Federal award or subaward (see §200.92 Subaward). C. Chanties to Reporting - Transparency Act Reporting 1. Recipient Reporting to Meet the Requirements of the Federal Financial Assistance Accountability and Transparency Act of 2006 (FFATA), as amended. Terms and Conditions for FY 2017 Grants and Cooperative Agreements Recipient Reporting. Recipients and other prime awardees of HUD financial assistance are required to report sub - awards in the Federal Subaward Reporting System (FSRS) website: https: / /www.fsrs.goy or its successor system. Prime financial assistance awardecs receiving funds directly from HUD are required to report subawards and executive compensation information both for the award and subawards, where both the initial award is $25,000 or greater or the cumulative award will be $25,000 or greater if funding incrementally as directed by HUD in accordance with OMB guidance. The reporting of award and Subaward information is in accordance with the requirements of the FFATA, as amended by section 6202 of Public Law 110 -252, and OMB Guidance issued to the Federal agencies on September 14, 2010 (75 FR 55669) and in OMB Policy guidance. The prime awardee will have until the end of the month plus one additional month after a Subaward is obligated to fulfill the reporting requirement. The FFATA requires the creation of a public government wide website in which the following subaward data will be displayed: • Name of entity receiving award; • Amount of award; • Funding agency; • North American Industry Classification System (NAICS) code for contracts, or Catalog of Federal Domestic Assistance (CFDA) program for financial assistance awards; • Program source; • Award title descriptive of the purpose of the funding action; • Location of the entity (including Congressional district); • Place of Performance (including Congressional district); • Unique Entity Identifier(s) of the entity and its parent; and • Total compensation and names of top five executives. For the purposes of reporting into the FFATA Sub -Award Reporting System (FSRS) repotting site, the unique ENTITY identifier is the identifier used by DUN and Bradstreet Universal Numbering System (DUNS) number the entity has obtained from Dun and Bradstreet, and for Prime Awardees the DUNS number registered in the Central Contractor Registration as required by HUD regulation 24 CFR 5.1004. The Grantee shall submit the Federal Financial Report (FFR) (Standard Form 425) for each project or program annually. A final FFR shall be required at the completion of the award agreement and shall use the end date of the project or grant period as the reporting end date. HUD requires recipients to submit the FFR no later than 90 calendar days after the end of each specified reporting period for annual reports. Final reports shall be submitted no later than 90 days after the project or grant period end date. Extensions of reporting due dates may be approved by HUD upon request of the recipient. b. Prime Awardee Executive Compensation Reporting. Recipients and Other Prime Awardees must also report in the government wide website the total compensation and names of the top five executives in the prime awardee organization if: Terms and Conditions for FY 2017 Grants and Cooperative Agreements • More than 90% of the annual gross revenues are from the Federal Government, and those revenues are greater than $25 million annually; and • Compensation information is not readily available through reporting to the Securities and Exchange Commission (SEC). c. Sub -award Executive Compensation Reporting. Recipients and other Prime Awardees must also report in the government wide website the total compensation and names of the organization if: • More than 80% of the annual gross revenues are from the Federal government, and those revenues are greater than $25 million annually; and • Compensation information is not readily available through reporting to the Securities Exchange Commission (SEC.) d. The FFATA Reporting Exemptions. The FFATA exempts any sub - awards less than $25,000 made to individuals and any sub -wards less than $25,000 made to an entity whose annual expenditures are less than $300,000. Subawards with a cumulative total of $25,000 or greater are subject to subaward reporting beginning the date the subaward total award amount reaches $25,000. Any other exemptions to the requirements most be approved by the Office of Management and Budget. If you have may Problems or issues regarding FFATA, please notify the Grants Management and Oversight Division of HUD by calling 202- 708 -0667. The phone number may also be reached by individuals who are deaf or hard of hearing, or who have speech disabilities, through the Federal Relay Service's teletype service at 800 -877 -8339. Further, each recipient of federal funds with a cumulative value greater than $10 million and their Grantee See the following wcbsites below: • FFATA Information System https: / /www.fsrs.2ov/ • FFATA Sub -Award Reporting System httl)s: / /www.fsrs.2ov/ • Federal Subaward Repot System (Contractor User Guide 1.0) https: / /www.fsrs.gov/ documents /fsrs_ contractor_ user guide • Grants.gov (Training Webinars) hftl): / /www.grants.gov/ web /grants/ learn - grants /erant- renorting.html The term subaward used in the FSRS database covers both subgrantees and contractors under the Prime Awardee (Grantee). The report list will indicate the "source" of the report. Those reports tired to a Contract award will list "contract" and those reports tied to a grant award will list "grant'. Terms and Conditions for FY 2017 Grants and Cooperative Agreements The federal funding reporting requirement (under FFATA) is that payments to subawards of federal grants must be reported when the payments total $25,000 or more. Subawards include, first, subgrants, and, second, contracts by the grantee that carry out part of the grant purpose (as contrasted with providing ordinary business materials or services). Contractors that do lead hazard control work (such as outreach, enrollment eligibility verification, inspections, risk assessments, interim controls, or abatement) are carrying out the purpose of a lead hazard control grant. If they are to be paid $25,000 or more, they must be listed in the FFATA database system, called FSRS. D. English Language The English language will be used in the 2017 Terms and Conditions as defined in 2 CFR §200.111 as stated below'. • All Federal financial assistance announcements and Federal award information must be in the English language. Applications must be submitted in the English language and must be in the terms of U.S. dollars. If the Federal awarding agency receives applications in another currency, the Federal awarding agency will evaluate the application by converting the foreign currency to United States cuff ency using the date specified for receipt of the application. Non - Federal entities may translate the Federal award and other documents into another language. In the event of inconsistency between any terms and conditions of the Federal award and any translation into another language, the English language meaning will control. Where a significant portion of the non Federal entity's employees who are working on the Federal award are not fluent in English, the non-Federal entity must provide the Federal award in English and the language(s) with which employees are more familiar. E. Conflict of Interest "Conflict of Interest (COI)" as defined by 2 CFR §200.112, means the non-Federal entity must disclose in writing any potential conflict of interest to the Federal awarding agency or pass- through entity in accordance with applicable Federal awarding agency policy. HUD is in the process of establishing the conflict of interest policy for the Awardees to follow. The Grantees will be notified in writing of the COI Policy within 60 days of implementation by IIUD. F. Determining Subrecipient or Contractor Classification "Determining Subrecipient or Contractor Classification" as defined by 2 CFR §200.330 means the Non - Federal entity may concurrently receive Federal awards as a recipient, a subrecipient, and a contractor, depending on the substance of its agreements with Federal awarding agencies and pass- through entities. Therefore, a pass- through entity must make case -by -case determinations whether each agreement it makes for the disbursement of Federal program funds casts the party receiving the funds in the role of a subrecipient or a contractor. See OLHCHH's Policy Guidance Number: 2017 -02. G. Procurement Standards "Procurement Standards" as defined by 2 CPR § 200.317 through § 200.326 means when procuring property and services under a Federal award, a slate must follow the same policies and procedures it uses for procurements from its non - Federal funds. The stale will comply with §200.322 Procurement of recovered materials and ensure that every purchase order or other contract includes any clauses required by section §200.326 Contract provisions, All other non - Federal entities, including subrecipient$ of a state, Terms and Conditions for FY 2017 Grants and Cooperative Agreements will follow § §200.318 General procurement standards through 200.326 Contract provisions. See OLHCHH's Policy Guidance Number: 2017 -04. H. Treating Zero - Bedroom Pre -1978 Units with a Child under Age 6 under Lead Hazard Control Grant (New) The new OLHCHH policy will expand the scope of target housing units that may be treated under its Lead Hazard Control Grant Programs (Lead -Based Paint Hazard Control (LBPHC) and Lead Hazard Reduction Demonstration (LHRDH to include 0- bedroom dwellings constructed prior to 1978 in which a child under age 6 resides or is expected to reside. See Policy Guidance Number 2017 -03. PROGRAM REQUIREMENT (Articles) 1. Administrative Costs LBPHC, LHRD, and Other Grants Awarded under section 1011 of the Residential Lead Based Paint Hazard Reduction Act of 1992 (Title X of the Housing Community Development Act of 1992, Public Law 102 -550): Administrative costs may not exceed 10 percent of the federal grant award. For the purposes of grants awarded under section 1101 of the Residential Lead -Based Paint Hazard Reduction Act of 1992, administrative costs are defined as overhead costs and costs of general management, oversight, and coordination. Administrative costs include all allowable and allocable direct administrative costs (costs for the general management, oversight, and coordination of the grant— i.e. program administration and indirect (F &A cost (defined in 2 CFR §200.56)). During negotiations, the Grantee's Authorized Official and Fiscal Officer must certify administrative costs and complete the Standard Form 425 Part 3 Financial Reporting Form (Administrative Cost Summary). Notwithstanding any Administrative Cost limits provided in a statute, regulation, or in the applicable NOFA, an indirect cost rate that is no greater than the approved rate negotiated with the applicant's federal cognizant agency shall be used. 2. Administrative Requirements For all grantees, awards will be governed by 2 CFR Part 200 and these grant /cooperative agreement provisions. 3. Advance Pavenent by Treasury Check or Electronic Funds Transfer Advance payments by the 'I electronic funds transfer are authorized under this grant. HUD may provide to the Grantee a one -time cash advance that shall not exceed 10 percent of the grant amount, and shall be limited to the minimum amount needed for the actual, immediate cash requirements of the Grantee in carrying out the startup activities of this agreement and as agreed to by the Grant Officer. In accordance with 2 CFR §200.305, "Payment ", to the extent available, the non - Federal entity must disburse funds available from program income (including repayments to a revolving fund), rebates, refunds, contract settlements, audit recoveries, and interest earned on such funds before requesting additional cash payments. The non - Federal entity must maintain advance payments of Federal awards in interest- bearing accounts, unless the following apply: (i) The Non - Federal entity receives less than $120,000 in Federal awards per year; (it) The best reasonably available interest- bearing account would not be expected to earn 10 Terms and Conditions for FY 2017 Grants and Cooperative Agreements interest in excess of $500 per year on Federal cash balances; (iii) The depository would require an average or minimum balance so high that it would not be feasible within the expected Federal and non - Federal cash resources; or (iv) A foreign government or banking system prohibits or precludes interest bearing accounts. Should the Grantee demonstrate an unwillingness or inability to establish procedures that will minimize the time elapsing between advances and disbursements, or fail to provide any required progress report in a timely manner, the authorization for advance payments may be revoked. The Grantee may then be required to finance the project with its own working capital, and payment to the Grantee may be made by Treasury check or electronic funds transfer, at HUD's discretion, to reimburse the Grantee for actual cash disbursements. 4. Allowable Costs This is a cost reimbursement award. Except as described in Article 3, "Advance Payment by Treasury Check or Electronic Funds Transfer," the Grantee shall be reimbursed for costs incurred in the performance of work in an amount not to exceed the obligated amount shown on the form HUD -1044, Assistance Award /Amendment In the event the Grantee incurs costs in excess of the prescribed amount, the excess shall be borne entirely by the Grantee. HUD shall reimburse the Grantee for costs incurred in the performance of this award which are determined by the GTR/Grant Officer to be allowable, allocable, and reasonable in accordance with applicable Federal cost principles as permitted by 2 CFR Part 200. 5. Amendments The Grant /Cooperative Agreement may be modified at any time by written amendment. Amendments that reflect the rights and obligations of either party shall be executed by both HUD (through the Grant Officer) and the Grantee. Administrative amendments, such as changes in appropriation data, may be issued unilaterally by the Grant Officer. See OLHCHH Policy Guidance 2013 -03. 6. Amount of Cost Share The estimated cost for the performance of this grant is the ° "(oral Instrument Amount." See the form HUD -1044, Assistance Ass ard/Amendment. The Grantee shall be reimbursed by HUD for 100% of allowable costs incurred in the performance of this grant. HUD shall not reimburse the Grantee in excess of the "Total HUD Amount" of the form HUD -1044. HUD reserves the right to withhold three - percent (3 %) of the Federal award amount pending the receipt and approval of a Final Report (with supporting documentation) prepared in accordance with the OLHCHH Policy Guidance 2012 -05 and/or GTR instructions for the specific OLHCHH program and any amendments. The proposed match contribution to supplement HUD funds is the "Recipient Amount" The Grantee agrees to bear without reimbursement by HUD the "Recipient Amount" of the total costs. The Grantee is not obligated to contribute more than the "Recipient Amount" However, the Grantee shall be solely responsible for any costs in excess of the estimated cost of the "Total Instrument Amount "The Grantee shall submit to the GTR as an attachment to the SF -425 (Federal Financial Report), verification of eligible match sources and verifiable documentation (if applicable for the specific quarterly reporting period) for eligible match activities to substantiate the match (recipient amount) reflected on each require quarterly SF -425 submission and on the final SF -425. The Grantee shall also include the eligible match on the Part 3 - Financial Reporting Form (Match Commitment Summary). 11 Terms and Conditions for FY 2017 Grants and Cooperative Agreements For verification of the eligible match source(s) and verification of match for eligible program activities, the Grantee shall submit a letter on letterhead signed by the Authorized Official. The letter shall include the following: • Name of match source; • Amount of match; • Type of match (cash or in- kind); • Description and purpose of eligible program activities performed as a result of receipt of the match; • Documentation to substantiate the match from the matching organization/entity. The match from the matching organization may include: • Cash Contributions, verified by: • General ledger entries; • Expenditure reports; • Invoices; • Signed contracts /agreement; • Timesheets; • Activity Report, eta • In -Kind (Including third part contributions), verified by: o Identification of donated equipment, supplies, volunteers' services, etc.; o Fair Market Determination; o Invoices: o Timesheets and /or Activity Reports. The Grantee must satisfy all statutory matching requirements in the NOFA. If the Grantee's actual matching contribution is less than °Recipient Amount" on the form HUD -1044, the Goverment reserves the right to negotiate new line items and/or amounts to satisfy the Grantee's match, or to reduce the Government's share proportionally, or to require the Grantee to reimburse the Government from non - federal funds the amount of eligible match not met. The Grantee shall notify the Government at any time it believes it will not meet its match by the completion of the grant. If the Grantee has a request to reduce match, the Grantee shall provide a revised SF -424, a revised form HUD 424 CBW, and a revised budget narrative. In addition, a justification is required. 7. Budget The Grantee shall incur costs in conformance with the original or negotiated budget, presented with the proposal for this grant. The Grantee shall not commingle any funds computed under this grant with any other existing or future operating accounts held by the Grantee. Part 3 — Financial Reporting Form and Standard Form 425 Financial Status Report, detailing match or in- kind contributions, shall be submitted on a quarterly basis to the GTR via the reporting system specified in Article 38, Project Management System. OLHCHH must receive a signed original document. A Final Report (along with a final Standard Form 425) is due no later than 90 days after the end of the period of performance. See Article 6, Amount of Cost Share, regarding the holdback of 3% of the Federal amount pending the receipt and approval of the Final Report. The Final Report should detail the progress made in achieving the purpose of the grant and adequate documentation of the total funds expended in support of 12 Terms and Conditions for FY 2017 Grants and Cooperative Agreements the activities to achieve this purpose (Federal, leverage and in -kind statutory percent match amounts). Failure to submit a Final Report within 90 -days from the end of the grant period of performance may result in the grant being administratively closed and all outstanding funds recaptured by HUD or the Treasury. For guidance on how to complete the Grantee's Final Report, see OLHCHH Policy Guidance 2012 -05. 8. Certifications and Assurances The certifications and assurances submitted in the Grantee's application are incorporated into this award document. They include, but are not limited to a. Standard Form 424 (SF -424), Application for Federal Assistance b. Certification and Disclosure Form Regarding Lobbying (SF -LLL) a Applicant/Recipient Disclosure Update Report (HUD -2880) d. Certification of Consistency with the Consolidated Plan (HUD -2991) 9. Changes to Award Agreement To accordance with 2 CFR Part 200 as applicable grantees /recipients and subgrantecs must obtain the prior approval of the awarding agency (see OLHCHH Policy Guidance 2013 -03) whenever any programmatic changes are anticipated to include the following: Subrecipient or Contractor receiving funds greater than $3,500.00 classification must be approved in writing by the Grant Specialist/Grant Officer regarding their classification status; Any equipment in excess of $5,000 must obtain prior approval in writing from the GTR or Grant Specialist; Contact Information must be provided within 30 days (See Article 13); Any revision of the scope or objectives of the project (e.g., change in target area(s), intervention methods, institutional review board approval to be obtained, interim or final benchmarks of numbers of environmental reviews to be completed, housing units to be treated, number ofpcople to be trained, etc.) regardless of whether there is an associated budget revision requiring prior approval); Need to extend the period of performance /availability of funds; Budget revisions that are 10% or more of the cumulative transfers among direct cost categories, or, if applicable, among separately budgeted programs, projects, functions, or activities which exceed or are expected to exceed ten percent otthe current total approved budget. Changes in key personnel as specified in an application or a grant award. In research projects, a change in the project director or principal investigator always requires approval; Contracting out, sub - granting (if authorized by law) or otherwise obtaining the third party (e.g. vendors) to perform activities that are central to the purposes of the award; International Travel — All international travel that is required to ensure the goals of the grant MUST have prior approval in writing from the assigned GTR with concurrence from the Grant Officer before the navel takes place. 10. Closeout (See OLHCHH Policy Guidance 2012 -05) The Grantee shall provide the closeout documentation to the GTR within 90 days after the end of the performance period, consisting of the following elements: 13 Terms and Conditions for FY 2017 Grants and Cooperative Agreements a. Final Narrative Report b. Final breakdown and justification of budget categories including direct costs, administrative costs, match/cost share and indirect cost rate, if applicable; c. Part 3 hour the Healthy Homes Grants Management System (HHGMS) on -line quarterly reporting system; d. Final Federal Financial Report (SF-425) e. Final invoice for incurred expenses (All budget expenses reported in the SF -425, LOCCS and placed HHGMS must match before the grant can be closed out); and f. Final reporting into the Healthy Homes Grants Management System on -line quarterly reporting system (only if additional housing units were completed and cleared during the close out period). The Grantee shall submit a final Section 3 Report (HUD 60002) to its local HUD Field Office at hftos: / /Portal.hnd.gov/hudportalMUD?sm= /pram offices/fair housing equal opp /section3 /section3 /spears HUD will notify the Grantee in writing when the Gram/Cooperative Agreement is closed. The Grantee has three areas of continuing responsibility after closeout of award: a. Records and materials must be kept in a safe place and be accessible to HUD, auditors and other government officials for a period of at least 3 years from the end of the award's period of performance. This requirement also extends to all sub - grants /sub -wards and subcontracts the Grantee has executed for over $10,000. b. Accountability for property continues as long as the Grantee holds the property, or for the period of time established by the award document. Disposal of property must be in accordance with 2 CFR §200.310 - §200.316. See Article 37, Program income, regarding use of those funds. c. Notification to the GTR and Grant Officer if at any time during the three -year period after the period of performance, the Grantee organization is discontinued or changes location. The GTR and Grant Officer shall be notified inunediately of the new address or the address of the party retaining all records. 11. Conduct of Work During the effective period of this grant, the Government Technical Representative shall be responsible for monitoring the technical effort of the Grantee. The Grantee must allow and fully cooperate with both remote monitoring requests and on -site monitoring visits. Failure to comply with a request associated with remote monitoring within a reasonable timeframe (As set by the GTR or Grant Officer) may result in "High Risk" designation, suspension, or termination of grant. See Article 46, Suspension and Termination (For Cause). The Grantee or Subgrantee shall not engage in any unethical activities during the grant /cooperative agreement performance period. If HUD makes a determination that the Grantee or Subgrantee has engaged in unethical activities, the Grantee or Subgrantee will be subject to "High Risk" designation or suspension until such time as the activities have ceased and assurance acceptable to HUD is given that no further activities will occur; in addition, HUD may take enforcement action under 2 CFR §200.338. 14 Terms and Conditions for FY 2017 Grants and Cooperative Agreements Mandatory Disclosure Requirements: The Grantee and Subgranlce must disclose, in a timely manner and in writing to HUD, all violations of Federal criminal law involving fraud, bribery, or gramity violations potentially affecting the Federal award. Failure to make disclosures can result in any of the remedies described in $200.338. Actions taken are subject to Article 46, Suspension and Termination (For Cause). 12. Collection of Data Collection of data from ten or more respondents and sponsored by HUD shall be subject to the Paperwork Reduction Act (44 U.S.C. 3501- 3520). If a survey instrument for a collection of data sponsored by HUD is proposed, it will be subject to review and approval by the Office of Management and Budget (OMB). Such review and approval must be obtained prior to the use of the survey instrument. Also, the approval time may considerably lengthen the time required for completion of the proposed project. The Grantee shall give careful consideration to requiring the use of a survey or other information collection sponsored by HUD. The collection of data is deemed to be sponsored by HUD only under the following conditions (5 CFR 1320.3). a. The Grantee is conducting the collection of information at the specific request of HUD; or b. The terms and conditions of the grant require specific approval by HUD of the collection of information or collection procedures. Note that if the Grantee decides on its own to collect information and it does not need HUD approval to do so, then HUD is not the "sponsor" of the information collection. The Grantee shall cooperate fully with any research or evaluation sponsored by HUD or another government agency associated with this grant program, including preservation of project data and records and compiling requested information in formats provided by the researchers, evaluators or HUD. This also may include the compiling of certain relevant local demographic, dwelling unit, and participant data not contemplated in the original proposal. Participant data shall be subject to the Privacy Rule of the Health Insurance Portability and Accountability Act of 1996 (HIPAA). IIIPAA and the Privacy Rule can be found at h tto: / /www.hhs.eov /ocr /nrivacv /. 13. Contact Information Updates The Grantee must inform the GTR within 30 days of any changes in contact information, including the organization's name, address, telephone, e -mail, and key personnel or authorized official change. The transferring of a grant or cooperative agreement to another entity /organization within the structure of the City, County, State, Native American Tribal (Federally recognized Indian Tribal Governments), College/University, Profit or Nonprofit Institutions requires notifying the GTR for involvement in the transferring process. In addition, the Grantee must submit a request and receive a written approval (HUD -1044) prior to the transfer from the Grant Specialist process through HHGMS. Failure to receive a written approval may result in sanctions, suspension, or termination of the grant or cooperative agreement. See Articles 43 and 46, Sanctions, Suspension and Termination (For Cause). 15 Terms and Conditions for FY 2017 Grants and Cooperative Agreements 14. Cppyrieht HUD reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use for Federal government purposes: (a) the copyright in any work developed under this award, sub - award, or contract awarded under this cooperative agreement /grant; and (b) any rights of copyright to which a Grantee or sub - Grantee or a contractor purchases ownership with award funds. Section 508 of the Rehabilitation Act of 1973 requires all Federal electronic and information technology to be accessible by people with disabilities. All Products of Work that will be posted on HUD's website must meet HUD's Web Publication Standards and Procedures at httu://www.bud.gov/library /bookshelfll/. l/. 15. Direct Costs "Direct Costs" as defined in 2 CFR §200.413 and in these terms and conditions, are those costs that can be identified specifically with a particular final cost objective, such as a Federal award, or other internally or externally funded activity, or that can be directly assigned to such activities relatively easily with a high degree of accuracy. Detailed explanations of direct costs are provided in 2 CFR Part 200, Subpart E — Cost Principles. Lead -Based Paint Hazard Control (LBPHC) grants, Lead Hazard Reduction Demonstration (LHRD) grants, and Healthy Homes Production (HHP) grants: OLHCHH Policy Guidance, "PGI- 2015 -01 - Clarification of Costs for LHRD and LBPHC Grant Programs" clarifies program costs, administrative costs, direct cost, and indirect costs for LBPHC, LHRD, and HHP grants. Nate that this policy gaidance does not apply to Lead Technical Studies grants or Healthy Home Technical Studies erants. Cooperative Agreements that educate and engage students in research, the dual role of students as both trainees and employees (including pre -and post- doctoral staft) contributing to the completion of Federal awards for research must be recognized in the application of principles as defined by Subpart E- Cost Principles, 2 CFR §200.100 - §200.113. 16. Disputes During the performance of the grant /cooperative agreement, disputes may arise between the Grantee and the GTR, or between Grantee and the Grant Specialist. If a dispute with the GTR arises, the Grantee may solicit the assistance of the Grant Specialist in resolving the dispute, and /or may appeal the determination by the GTR to the Grant Specialist. If a dispute with the Grant Specialist arises, or if the Grantee has appealed a decision by the GTR to the Grant Specialist, the Grant Specialist shall prepare a final decision, considering all facts and documentation presented. The decision shall be in writing to the Grantee. If the Grantee disagrees with the final decision by the Grant Specialist, the Grantee may appeal the decision to the Director, Grants Services Division, OLHCHH. If the Grantee wishes to submit a second appeal, the Grantee may appeal to the Deputy Director, OLFICHH. If Grantee wishes to submit a third appeal, the Grantee may appeal to the Director, OLHCHH for a final decision. 16 Terms and Conditions for FY 2017 Grants and Cooperative Agreements 17. Estimated Cost and Payment — Line of Credit Control System ( LOCCS) The Grantee shall be reimbursed for allowable costs incurred in the performance of work under this grant in an amount not -to- exceed "Total HUD Amount" on the form HUD -1044. • Incurred costs shall be reimbursed through eLOCCS under the HUD's Line of Credit Control System. eLOCCS is accessed through the HUD intemet portal called Secure Systems and sometimes referred to as the online systems. To use eLOCCS, you must Register as a "Business Partner" using this website: httns : / /hudanns2.hud.gov /anns/bart reg/mps040.efm. • The grantees must complete the HUD - 27054E LOCCS Access Authorization Tom, which will specify the Business Partner(s) and HUD Programs you are authorized to access within eLOCCS. The weblink is: lrttp: // portal. hud. eov /hudoortal /documents/huddocvid= 27054E Idf . • The Grantees (all new or reinstated user who needs to access eLOCCS) will need to complete the LOCCS HUD - 27054E form, have it notarized, and send the original HUD - 27054E LOCCS Access Authorization Form (with the original signature and notary seal) via U.S. Mail to the OLHCHH (Grant Officer) for review. • The Grant Officer must review the form and validate that the grantee is the correct official accessing the grant, and program area requests are accurate. The Gran/ Officer signs and dates the HUD - 27054E LOCCS Access Authorization Forth acknowledging the review and authorization. The Program Office must then send the original LOCCS Access Authorization Form (with the original signature and notary seal) via U.S. Mail to the OCFO's Security office. • To register as a "Coordinator or User" you will need a Secure System's User ID and use the Secure Systems Registration weblink: http: / /Portal.hud .eov /hudportal/HUD ?src= /program offices /public indian housinv/reac /online Before receiving funds from HUD, the Grantee must designate a financial institution in order for HUD to make direct deposit payments through the ACH system. In the event that the Grantee, during the performance of this grant, elects to designate a different financial institution for the receipt of any payments, notification of such change and the related information must be received by the Grant Officer at least 30 days prior to the date such change is to become effective. The Grantee shall submit to the GTR the original documents (voucher) related to reimbursements requested for work performed. The voucher shall be supported by a detailed breakdown of the cost(s) claimed. Grantees are to use the Part 3 — Financial Reporting Form in accordance with OLHCHH Policy Guidance PG12015 -02, "Line of Credit Control System ( eLOCCS) Reimbursement Procedures ". Note: Should you have any questions, please contact your Grant Officer. Funds advanced to the Grantee shall be maintained in an interest - bearing account. Any intcrest earned by the Grantee as a result of the advanced funds shall be promptly returned to HUD by check. All remittances shall be accomplished as follows: 17 Terms and Conditions for FY 2017 Grants and Cooperative Agreements The check should be made out to U.S. Department of Housing and Urban Development with the grant number on the check stub. Express Mail to Department of Housing and Urban Development 451 7th Street SW, Room 8236 Washington, DC 20410 -3000 Attn: Jeffrey Simpkins The Grantee may retain up to $500.00 of interest earned per Grantee's fiscal year for administrative expenses (2 CFR §200.305(b)(9). State universities and hospitals shall comply with the Cash Management Improvement Act (CMIA, http: /Iw w.fms.treas.2ov /cmia/ as it pertains to interest). 18. Equipment The following equipment in excess of $5,000 is allowable, in accordance with the OLHCHH NOFA for the applicable grant program, to be acquired for the performance of this grant /cooperative agreement: • XRF Instruments; X -Ray Fluorescence (XRF) instruments purchased with Federal funds for use in the OLHCHH Grant programs will remain the property of the Grantee under the conditions cited in 2 CFR §200.313, as applicable. • Leased Vehicles; Leasing Motor Vehicles; must be used by the Grantee in the program or project for which it was acquired for as long as needed and must not encumber the property without prior approval of the OLHCHH in accordance with 2 CFR §200.313(c). 19. Flow Down Provisions If the Grantee sub - awards funds under this agreement with an entity to perform work under this award, the Grantee shall include in the sub -award agreement these Terms and Conditions and any other provisions as may be necessary to ensure that the sub - grantees or sub - recipients comply with the requirement of the cooperative agreement /grant. In accordance with 2 CFR §200.328, "Monitoring and Reporting Program Performance" Grantees are responsible for oversight for the operations of the Federal award supported activities. Grantees must monitor its activities under Federal awards to assure compliance with applicable Federal requirements and performance expectations are being achieved. Monitoring by the Grantee must cover each program, function or activity. See also 2 CFR §200.331 — `Requirements for Pass - Through Entities ". 20. Grantee Lead Certification Program Requirement The Grantee and Subgrantee agrees that any funds under this grant used for lead -based paint hazard evaluation or control activities shall be conducted by fimts and persons qualified for the activities according to 24 CPR Part 35, subpart R (possessing, as applicable, certification valid for the Stale or Tribal area in which the activity is conducted as abatement contractors, risk assessors, inspectors, abatement workers, or sampling technicians, or, for interim lead hazard control work, training in a HUD- 18 Terms and Conditions for FY 2017 Grants and Cooperative Agreements approved course in lead -safe work practices, such as the EPA (or EPA - authorized State or Tribal) repair, renovation and painting certified renovator course), and that laboratories used for analysis of samples for lead in paint, soil or dust shall be recognized by the U.S. Environmental Protection Agency for the analysis of those samples under EPA's National Lead Laboratory Accreditation Program. 21. Single Audit Reporting Requirements In accordance with 2 CFR Part 200, Subpart F — Audit Requirements, a Single or Program Specific Audit Report must be conducted each fiscal year for non - federal entities that exceeds $750,000 in federal grant awards and submitted to the Federal Clearing House System as a requirement under the Single Audit Act of 1984 (amended in 1996). Grants or Cooperative Agreements may be placed on `High Risk" designation, suspended, or terminated for failing to submit the Single Audit Report _ See Article 46, Suspension and Termination (For Cause). The website for the Single Audit Report submission is: httDs : / /ha"ester.census.Eov /facweb/ 22. HUD's Right to Audit and Disallow Cost and Recover Funds The Government reserves the right to recover and recapture any funds that were not expended in accordance with the requirements; considered an ineligible program cost; or conditions of this agreement based upon HUD review, the final audit, monitoring site visit or any other special audits or reviews undertaken. HUD has the right to order a special audit, even if the Grantee's auditor or a cognizant agency has already conducted one. Access to Records of Grantees and Subgrantees - I IUD and the Comptroller General of the United States, or any of their authorized representatives, shall have the right to access any books, documents, papers, or other records of Grantees and Subgrantees that are pertinent to the grant, in order to conduct audits, monitoring visits, examinations, excerpts, and transcript. Later Disallowances and Adjustments - the closeout of a grant does not affect • HUD's right to disallow costs and recover funds on the basis of a later audit or other review (2 CPR §200.344); • The Grantee's obligation to return any funds due as a result of later refunds, corrections, or other transactions including final indirect cost rate adjustment (2 CFR §200.344); • Audit requirements in 2 CFR Part 200, Subpart D — Post Federal Award Requirements of this part, §200333- §200.337; • Property management and disposition requirements in 2 CFR §200.310— §200.316; and • Audit requirements in CFR Part 200, Subpar F — Audit Requirements. 19 Terms and Conditions for FY 2017 Grants and Cooperative Agreements 23. HUD's Substantial Involvement If this is a Cooperative Agreement, HUD intends to have substantial involvement in the review, development, and approval of all aspects of the work to be carried out under this cooperative agreement. The substantial involvement will be focused through the GTR. Anticipated substantial involvement by HUD staff may include, but will not be limited lo: a. Review and possibly suggest amendments to the study design, including: • Study Objectives • Field Sampling Plan • Sample Handling and Preparation • Sample and Data Analysis • Quality Assurance b. Review and provide scientific and technical recommendations in response to quarterly progress reports (e.g., amendments to study design based on preliminary results). c. Review and provide scientific and technical recommendations on the final study report, including final interpretation of study results. 24. Incurrence of Costs The Grantee is allowed to incur costs for activities beginning on the effective dale on the form HUD - 1044. Any costs incurred before the date are not allowable unless specifically authorized in writing by the Grant Officer with concurrence of the GTR, 25. Indirect (F &Al Cost Rate If the Grantee has received a current federally negotiated indirect cost rate from its cognizant agency, reimbursement will be made on the basis of the current federally negotiated indirect cost rate. Any Grantee that has never received a negotiated indirect cost rate, except for those non - Federal entities described in Appendix VII to Part 200 — Stales and Local Government and Indian Tribe Indirect Cost Proposals, paragraph D. Lb, may elect to charge a de minims rate of 10% of Modified Total Direct Costs (MTDC)* which may be used indefinitely. As described in 2 CFR §200.403 Factors affecting allowability of costs, costs must be consistently charged as either indirect or direct costs, but may not be double charged or inconsistently charged as both. If chosen, this methodology once elected must be used consistently for all Federal awards until such time as a non - Federal entity chooses to negotiate for a rate, which the non - Federal entity may apply to do at any time. [ *See definition on page 51 In Category 10, the Indirect Costs, on the HUD424 -CBW, the Grantee shall enter the federally negotiated indirect cost rate or the de minims rate of 10 %. Then the Grantee must apply the appropriate indirect cost rate and base (MTDC) to calculate the total estimated indirect cost for the grant or cooperative agreement, Therefore, in Category 10: Rate x Rase (MTDC) = Estimated Cost. OR Terms and Conditions for FY 2017 Grants and Cooperative Agreements 26. Insnection and Accentance Inspection, review, correction, and acceptance of all deliverables under this award shall be the responsibility of the GTR. The GTR may receive recommendations from assigned Field Representatives. 27. Key Personnel (If Applicable) Personnel specified as key personnel in the original grant application, Factor 1, Capacity of the Applicant and Relevant Organizational Experience, arc considered to be essential to the work being performed hereunder. The Program Manager must commit at least 75% of his /her time to grant award. Prior to diverting any of the specified individuals to other work, to include reductions in the allocation of time spent on the grant by any of the key personnel, the Grantee shall notify the Grant Officer and GTR reasonably in advance, in writing, and shall submit justification (including proposed substitutions with the qualifications and experience of the substitute personnel) in sufficient detail to permit evaluation of the impact on the work effort and quality. At a minimum, HUD requires a current resume detailing the individual's experience as it relates to the position being sought. All changes to key personnel (except upon the death of such personnel) must be approved by the GTR in advance and may be denied in writing. No diversion shall be made by the Grantee without the prior written consent of the Grant Officer. 28. Liability Insurance Costs of insurance required or approved and maintained, pursuant to the Federal award, are allowable. Costs of other insurance in connection with the general conduct of activities are allowable subject to limitations. See 2 CFR §200.447. Medical liability (malpractice) insurance as defined by 2 CFR §200.447, "Insurance and indemnification." is an allowable cost of Federal research programs only to the extent that the Federal research programs involve human subjects or training of participants in research techniques. Medical liability insurance cases must he treated as a direct cast and most be assigned to individual projects based on the manner in which the insurer allocates the risk to the population covered by the insurance. 29. Limitation on Consultant Payments Consultants may not be paid, or provided reimbursement for payment, whether retained by the federal government or the Grantee, at a rate more than the equivalent of General Schedule 15, Step 10 base pay rate for the current federal pay year in which the consultant performs services under the grant/cooperative agreement. 30. Limitation Payments to Influence Certain Federal Transactions 31 U.S.C. section 1352 provides in par that no appropriated funds may be expended by the recipient of a Federal contract, grant, loan, or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of Member of Congress in connection with any of the following covered Federal actions: the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 21 Terms and Conditions for FY 2017 Grants and Cooperative Agreements 31. Lobbying Activities Prohibition The Grantee is subject to the provisions of section 319 of the Department of Interior and Related Agencies Appropriation Act for Fiscal Year 1991, 31 U.S.C. 1352 (the Byrd Amendment), implemented in HUD regulations at 24 CFR Part 87, and to the provisions of the Lobbying Disclosure Act of 1995, P.L. 104-65 (December 19, 1995). 32. Grant Deliverables (If Applicable) The Grantee shall complete and submit a detailed management and work plan, benchmarks (with Benchmark Standards -Form HUD 96008), budget and the Grantee's policy and procedures within 60 days after the effective date of the grant. These are subject to review and approval by HUD for incorporation as part of the grant /cooperative agreement, These revisions shall update the general plan submitted in the Grantee's proposal and include any negotiated changes of the work plan or budget if applicable. The plan shall be developed according to the instructions and benchmark standards that will be provided by the Government Technical Representative (GTR) for the grant program as applicable. The management and work plan consists of the goals and time phased objectives and deliverables for each of the major tasks to be undertaken by the program. Benchmark standards (milestones) have been developed to assist the Grantee plan and implement its program in a timely and cost - effective manner. A revised budget, in accordance with the final negotiation, shall be submitted (if necessary). The policy and procedures shall also include a detailed narrative description of how assistance and funding will flow from the Grantee to the actual performers of the hazard reduction work; the selection process for sub - recipients and vendors; the selection process for the particular properties to be abated, the lead hazard control activities to be undertaken, and the screening, health, and other measures to be taken to protect children and other occupants. Where (here is interdependence among the tasks, the work plan, and policy and procedures shall indicate how each interdependent task will provide needed inputs to the others. (See, also, Article 39, Project Management System). 33. Order of Precedence In the event of any inconsistency among any provisions of this grant, the following order of precedence shall apply: • Statutes; • Regulation other than 2 CFR Part 200, Uniform Administrative Requirements (sec below); • The applicable NOFA, including the General Section and the Program Section; • Grant Agreement (form HUD - 1044), including Terms and Conditions; • Management and Work Plan; • Special Conditions; • Schedule of Articles; • 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; • Grantee's Proposal (If incorporated- except for the Management and Work Plan see above). 22 Terms and Conditions for FY 2017 Grants and Cooperative Agreements 34. Patent Rights (Small Business Firms and Nonorofit Organizations Palen rights are as specified in 37 CFR Part 401, entitled "Rights to Inventions made by Nonprofit Organizations and Small Business Firms under Goverment Grants, Contracts and Cooperative Agreements" Inquiries regarding this Patent Rights clause should be in writing and directed lo: [GTR identified on the form HUD -1044] Goverment Technical Representative U.S. Department of Housing and Urban Development Office of Lead Hazard Control and Healthy Homes U.S. Department of Housing and Urban Development 451 Seventh Street SW, Room 5236 Washington, DC 20410 -3000 35. Period of Performance and Extensions and Incurring Costs or Obligating Federal The Grantee shall provide all services stipulated in this award agreement for the period of months specified on the form HUD -1044, "Assistance Award /Amendment" Continuation Sheet from the effective date stipulated on the form HUD 1044. Grantees are to comply with the requirement of 2 CFR §200309 and §200.343, as applicable, in charging costs to the grant. All obligations incurred under the award must be liquidated not later than 90 days after the end of the funding period. The preparation of the final administrative and financial reports is to be completed within 90 -days after the end of the period of performance. The Grantee shall not incur costs or obligate funds for any purpose pertaining to the operation of the project, program, or activities beyond the expiration date stipulated in the award. The only costs which are authorized for a period of up to 90 days following the award expiration date are those strictly associated with closeout activities. Closeout activities are normally limited to the preparation offinal progress, financial, and required project audit reports unless otherwise approved in writing by the Grants Officer. An extension of the award period can be authorized only by the Grant Officer in writing. Neither verbal assurances, nor written assurances of fimding from other than the Grant Officer, shall constitute authority to obligate funds for programmatic activities beyond the expiration date. The OLHCHH has no obligation to provide any additional prospective funding. Any amendment of the award to increase funding or extend the period of performance is at the sole discretion of the OLHCHH. 36. Pre -Award Costs Prior to the effective date of the Grant /Cooperative Agreement, a Grantee may, at its own risk, incur pre - award costs with prior written approval of the Grant Officer with the concurrence of the GTR. Pre -award costs are those incurred prior to the effective date of the award directly pursuant to the negotiation and in anticipation of the award where such costs are necessary to comply with the proposed delivery schedule or period of performance. Such coats are allowable only to the extent that they would have been allowable if incurred after the date of the award and only with the written approval of the awarding agency. 23 Terms and Conditions for FY 2017 Grants and Cooperative Agreements 37. Profit /Fee No increment above cost, fee, or profit shall be paid to the Grantee or any subgrantee or sub - recipient under this award. 38. Program Income Any prognam income derived as a result of this award, including royalties, whether obtained during or after the period of performance, shall be added to funds committed under the Grantee's award to further activities eligible for assistance under this award in accordance with 2 CFR Part 200 as applicable, including 2 CFR §200.305 and §200.307. The program income must be used for the purposes and under the conditions of this award. If not contained in the Work Plan or under Special Conditions itemized in these provis'ions, prior to using program income to further the objectives of the grant program, the parties shall mutually agree by written amendment on the use of program income. 39. Proiect Management Svstem a. Deliverables The Grantee shall include a schedule listing all significant project benchmark milestones, and dates for submission of all project deliverables including quarterly project reports, interim reports where appropriate, the final report, and financial reports utilizing form HUD -425. Upon approval of the work plan, the Grantee shall ensure all deliverables identified in the Work Plan and Benchmark schedule are delivered on time. b. Ouarterly Progress Reports Quarterly reports will be due no later than January 30th, April 30th, July 30th and October 30th, for the preceding quarter following the initiation of the grant through project closeout, and should be submitted as soon as possible after the end of the quarter. If a due date falls on a federal weekend or holiday, or on an otherwise - closed HUD workday in Washington, DC, it shall be extended to the next Federal workday in Washington, DC, without affecting subsequent due dates. Quarterly reports must reflect activities undertaken, obstacles encountered, solutions achieved, and accomplishments in each calendar quarter. In addition, a separate document illustrating match contribution for each quarter is required. [See Article 6, Amount of Cost Share.] Contracts, training materials, protocols, rosters of persons trained, outreach and educational materials prepared, and other significant products developed to implement, analyze or control the project or disseminate information shall be submitted with the quarterly reports as attachments. The Grantee shall use the Healthy Homes Grant Management System ( HHGMS), or a replacement system selected by the OLHCHH, after notifying the Grantee. The reporting system requires the submission of a work plan with specific, time phased, and realistic goals, objectives, and benchmark milestones established. Quarterly status reports that show progress and measure performance of the program in meeting approved work plan goals, objectives and benchmark milestones shall be submitted. The reporting system utilizes quantifiable data and a narrative description of progress. In the event that a Grantee cannot access the Internet, a "Word template" version of the HHGMS reporting forms is available. Completed quarterly reports in this format should be submitted to Healthy Homes Good Management System ( HHGMS) or other Internet address or other method as advised by the GTR. 24 Terms and Conditions for FY 2017 Grants and Cooperative Agreements The Grantee is advised that failure to submit timely quarterly progress reports will result in not having its "eLOCCS Request Voucher for Grant Payment' processed and /or approved for payment until such time as the quarterly progress report is submitted to HUD. c. Annual Reports Economic Opportunities for Low -and Very Low - Income Persons (Section 3). The Form HUD - 60002, Economic Opportunities for Low- and Very Low- Income Persons (Section 3) must be submitted annually by January 10. See websitc: Race and Ethnic Data Reporting Form HUD - 27061. The Race and Ethnic Data Reporting Form must be submitted annually by January 10. d. Final Report The Final Report shall summarize the applicant's plans, execution of the plans, achievements noted, and lessons learned. The Report need not be lengthy, but should be of a quality and detail to provide a freestanding description to any outside reader of all of the applicant's work and achievements under the grant Specific and detailed guidance on preparing the forms and the narratives may be obtained from the GTR identified on Form HUD -1044. See Article 10, "Closeout' and Policy Guidance Number PGI 2012 -05, "Closeout Procedures for OH HLHC Grantees." 40. Publications and News Releases The results of work conducted under the award may be made available to the public through dedication, assignment by HUD, or other means, as HUD shall deterrnine. All interim and final reports and any other specified deliverables shall be owned by the government and held for the benefit of the public which shall include the Grantee and the Grantee's sub - recipients. Interim and final reports (need to confirm that this includes the required scientific manuscript) may not be published by the recipient or any sub- recipients participating in the work for a period of sixty days (60) after acceptance of the deliverables by the GTR. All deliverables, or any part thereof, and any independent products and special products arising from this award, when published by the recipient or other participants in the work shall contain the following acknowledgment and disclaimer: "The work that provided the basis for this publication was supported by funding under an award with the U.S. Department of Housing and Urban Development. The substance and findings of the work are dedicated to the public. The author and publisher are solely responsible for the accuracy of the statements and interpretations contained in this publication. Such interpretations do not necessarily reflect the views of the Government." 25 Terms and Conditions for FY 2017 Grants and Cooperative Agreements Copies of all press releases, formal announcements, and other planned, written issuances containing news or information concerning work products or activities of this award that may be made by the recipient or its staff, or any sub - recipient or other person or organization participating in the work of the award, shall, whenever possible, be provided to the GTR for review and comment at least two weeks before the planned release but in no event, later than coincidental with release. 41. Release of Funds and Environmental Certification Award of a FY2017 OLIICI If I grant does not constitute approval of specific sites where activities that are subject to environmental review may be carried out. Recipients conducting eligible construction, rehabilitation, repair, weatherizalion or related hazard remediation work must comply with 24 CFR Part 58, "Environmental Review Procedures for Entities Assuming HUD Environmental Responsibilities. Recipients that are States, units of general local government or Native American Tribes must carry out environmental review responsibilities as responsible entities, defined under Part 58. Recipients that are not- for - profit firms, educational or for-profit institutions must contact and partner with the responsible entity, usually the unit of general local government or Native American Tribe of the target area(s), to assume the environmental review responsibilities. Should Ore responsible entity objects to performing the environmental review, or the non - governmental recipient is unable to identify a responsible entity with whom they can partner to perform the environmental review, HUD may designate another responsible entity to perform the review or may perform the environmental review itself under the provision of 24 CFR Part 50. When HUD performs the review itself, following grant award execution, HUD will be responsible for ensuring that any necessary environmental reviews are completed. Originals Copies: Karen M. Griego (HUD Address on the HUD -1044) Program Environmental Clearance Officer Attn: GTR on the HUD -1044 Office of Lead Hazard Control and Healthy Homes U.S. Department of Housing and Urban Development 500 Gold Avenue SW, Ste, 7301 Albuquerque, NM 87102 Tel. (505) 346 -6462 Fax (815) 572 -0033 Karen.M.GriegoCahud.gov HUD will not make additional payments from the amount awarded to a Grantee for lead hazard evaluation or control until the Grantee's contractors and workers are qualified for the activities according to 24 CFR Part 35 (possessing certification as abatement contractors, risk assessors, inspectors, abatement workers, or sampling technicians, or others having been trained in a HUD - approved course in lead -safe work practices). Any additional funds requested by the Grantee shall be requested in accordance with Article 17, "Estimated Cost and Payment - Line of Credit Control System (LOCCS). 26 Terms and Conditions for FY 2017 Grants and Cooperative Agreements 42. Review of Deliverables Deliverables include, but are not limited to a. All interim and final reports; b. Survey instruments required by the Management and Work Plan, if applicable; c. Other physical materials and products produced directly under the Management and Work Plan of this grant, if applicable; d. Match, in -kind and leverage commitments, if applicable The GTR shall be responsible for HUD review, receipt of corrections from the Grantee, and acceptance of the operational deliverables, above, of this grant. Such review(s) shall be carried out promptly by the GTR, so as not to impede the work of the Grantee. Acceptance of the deliverable(s) shall be issued in writing by the GTR, with comments and /or required corrections, within thirty (30) days of the dale of the GTR's receipt of such product from the Grantee. The Grantee shall carry out the required corrections, if any, provided by the GTR and shall promptly return a revised copy of the product to the GTR. The basis for acceptance shall be the Grantee's good faith efforts to complete the deliverables of this grant. The GTR's review, correction, and acceptance of narrative deliverables shall be limited to: (1) corrections of emissions or errors of fact, methodology, or analysis; (2) deletion of irrelevant materials; and (3) improvements in style readability. 43. Sanctions Failure to comply with the Federal statutes; regulations, including 2 CFR Part 200; or the requirements established in the award and these provisions, including failure to submit reports on time and in accordance with the requirements contained in these provisions, may result in the GTR/Grant Officer taking action to limit access to program funds. Actions by the GTR/Grant Officer may include, but are not limited to: requiring that reports and financial statements be submitted to the GTR /Grant Officer for approval before drawing down any funds; suspending the ability to incur costs or draw funds; and /or suspending or terminating the Grant /Cooperative Agreement for non- performance as defined in Article 46, Suspension and Termination (For Cause). HUD may take enforcement action under 2 CFR §200.338, as applicable. 44. Scope of Services The Grantee shall furnish the necessary personnel, materials, services, equipment, facilities (except as otherwise specified herein) and otherwise do all things necessary for or incidental to the performance of the work set forth in the Grantee's original /revised application under this NOFA as well as the subsequent Statement of Work / Management and Work Plan and Benchmark schedule. 27 Terms and Conditions for FY 2017 Grants and Cooperative Agreements 45. Special Conditions Special Conditions to this award are listed on the form HUD -1044 Continuation Sheets. 46. Suspension and Termination (For Cause) The Grant Officer may, on reasonable notice to the Grantee and/or Subgrantee, temporarily suspend 0te award and withhold further payments pending corrective action by the Grantee and/or Subgnantec. The award may be terminated in whole or in part before the end of the performance period for cause when the Grantee and /or Subgrantee has failed to comply with the terms, conditions, standards, or provisions of this award. The award may be terminated for convenience when both parties agree that the continuation of the award would not produce beneficial results. Action will betaken in accordance with 2 CFA §200.338 — §200.342. Effects of Suspension and Termination Costs of Grantee or Subgrantee resulting from obligations incurred by the Grantee or Subgrantee during a suspension or after termination of an award are not allowable unless HUD expressly authorizes them in the notice of suspension or termination or subsequently. Other Grantee or Subgrantee costs during suspension or after termination which are necessary and not reasonably avoidable are allowable if. • The costs result from obligations which were properly incurred by the Grantee or Subgrantw before the effective date of suspension or tcmrination, are not in anticipation of it, and, in the case of a termination, are non - cancellable, and; • The costs would be allowable if the award were not suspended or expired normally at the end of the funding period in which the termination takes effect. • Relationship to debarment and suspension: The enforcement remedies identified in this section, including suspension and termination, do not preclude Grantee or Subgrantee from being subject to "Debarment and Suspension' under Executive Orders 12549 and 12689, CFR Part 180 as outlined in CFR §200.338. ATTACHMENT: LIST OF ACTIONS DUE Action Due Date (Deliverables may be provided earlier' Management and Work plan, written policies 60 days after effective date of grant /cooperative and procedures, benchmarks and revised budget agreement with a breakdown of the match Request for Release of Funds and Certification 90 days after effective date Institutional Review Board approval (if 120 days after effective date applicable) /Approval of Request for Release of Funds and Certification Grant work/deliverables As per benchmarks following Institutional Review Board approval /Approval of Request for Release of Funds and Certification 28 Terms and Conditions for FY 2017 Grants and Cooperative Agreements Quarterly Progress Reports with a separate 30 days after quarter ends, i.e.: January 30, attached document illustrating match status and April 30, July 30, October 30 a current SF-424 FFATA Sub -Award Reporting System I By the end of the month following the month in which the Grantee awards a subgrant greater than m equal to $25,000 Economic Opportunities for Low- and Very January 10 annually Low - Income Persons (Section 3) Race and Ethnic Data Reporting January 10 annual) Annual Audit Annually base on the Grantee's fiscal year Deliverables In accordance with benchmark schedule 90 -day letter confirms all elements outlined in Due prior to the end of the period of the grant or cooperative agreement have been performance met. Final Report (Grant Award) and 90 days a(lcr the end of the period of Research Paper or Publication (Cooperative performance Agreements). 29 Appropriation Codes for Cit of Roanoke - Lead Safe Roanoke 2017 HU LBP Grant Special Revenue Fund Appropriations Revenues Lead Hazard Control Grant FY18 2,719,660 100,000 2,819,660 Lead Hazard Control Grant FY18 - Local City Match 100,000 2.819.660 Federal Grant Local Match Total Regular Employee Salary -1002 444,163 71,942 516,105 City Retirement -1105 72,903 11,808 84,711 401H Health Savings -1117 1,901 308 2,209 FICA -1120 30,626 4,961 35,587 Medical Insurance -1125 59,451 9,629 69,080 Dental Insurance -1126 2,300 373 2,673 Life Insurance -1130 5,558 900 6,458 Disability Insurance -1131 485 79 564 Training -2044 21,950 21,950 Travel -8052 26,738 26,738 Supplies -8055 16,600 16,600 Relocation -8254 71,960 71,960 Lead Testing and Clearance -8255 122,750 122,750 LHC Single Family Units -8256 972,650 972,650 LHC Rental Units -8257 625,275 625,275 Blood Screenings -8260 4,500 4,500 Other Direct Costs -8258 14,725 14,725 Healthy Homes Units -8259 225,125 225,125 Revenues Lead Hazard Control Grant FY18 2,719,660 100,000 2,819,660 Lead Hazard Control Grant FY18 - Local City Match 100,000 2.819.660 IN THE COUNCIL OF 11 11: CITY OI' ROANOKE;, VIRGINIA The 18th day of December, 201.7. No. 41020- 121817. AN ORDINANCE authorizing the proper City officials to execute a Commonwealth's Development Opportunity Fund Performance Agreement (the "Performance Agreement ") among the City of Roanoke, Virginia (the "City "), the Economic Development Authority of the City of Roanoke, Virginia (the "FDA "), and PowerSchool Group LLC, a Delaware limited liability company, authorized to transact business in the Commonwealth of Virginia ( "PowerSchool "), that provides for a grant in the amount of $250,000 subject to certain undertakings and obligations by the parties in connection with making capital investments consisting of building up -fit and tenant improvements to existing offices located at 110 Franklin Road, S. E., Roanoke, Virginia (the "Facility "); authorizing the City Manager to accept the COF Grant, defined below, and to take such actions and execute such documents as may be necessary to provide for the implementation, administration, and enforcement of the Performance Agreement; and dispensing with the second reading of this Ordinance by title. WHEREAS, the City has been awarded a grant of and expects to receive $250,000 from the Commonwealth's Development Opportunity Fund (a "COF Grant ") through the Virginia Economic Development Partnership Authority (the "VEDP ") for the purpose of inducing PowerSchool to make capital investments in the Facility and to hire new employees, as set forth in the City Council Agenda Report dated December 18, 2017 (the "Agenda Report"); WHEREAS, the Performance Agreement requires the City to provide Local Incentives to PowerSchool in an amount at least equal to the amount of the COF Grant, all as more particularly set forth in the Agenda Report; Ord iuhr e Authorizing COF Perrom,nnee Agreement (1218.17) doc WIIHWAS, PowerSchool has requested an economic development grant through the VFsDP to assist with the cost of making capital investments at the Facility (the "Project'); WI IIRI?AS, pursuant to the Performance Agreement, the City is required to disburse the proceeds of the COP Grant to PowerSchool, subject to PowerSchool's promises and wmmitments to meet certain undertakings and obligations; WIIERGAS, City staff has advised Council that the Project will benefit economic devdopment within the City and the Roanoke Region, and the Project will provide additional tax revenue and services to benefit the citizens of the City and the Roanoke Region; and WIIFRFAS, the City and the EDA wish to encourage PowerSchooi to complete the Project in order to enhance and promote economic development within the City and the Roanoke Region. 'rl ]EREFORE, BF IT ORDAINED by the Council of the City of Roanoke as follows: City Council hereby approves the terms of the Performance Agreement among the City, the EDA, mid PowerSchool, as set forth in the attachment to the Agenda Report, which provides for certain undertakings and obligations by PowerSchool, as well as certain undertakings by the City and the EDA. City Council further finds that the economic development grant provided for by the Performance Agreement will promote economic development within the City and the Roanoke Region and will be of economic benefit to the City and its citizens. 2. The City Manager is hereby authorized on behalf of the City to accept the COF Grant and execute the Performance Agreement among the City, the EDA, and PowerSchool, upon certain terms and conditions as set forth in the Agenda Report. The Performance Agreement shall be substantially similar to the one attached to such Agenda Report and in a form 0M,no ,ce M Wn,,, COF Performance A,,., m (12.18.19),&o 2 approved by the City Attorney. Such Performance Agreement will also be subject to the approval of the PDA. 3. The City Manager is further authorized to take such actions and execute such documents as may be necessary to provide for the implementation, administration, and enforcement of the Performance Agreement, including, without limitation, requesting and receiving the proceeds of the COP Grant from the VFDP. Such other documents shall be in a form approved by the City Attorney. 4. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. ATTEST: City Clerk. Ordinance AWI,M ,COFPerrormnnce Agreement(12. 18 .1)) doe 3 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th dny ,f December, 2017. No. 41021 - 121817. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia through the Virginia Economic Development Partnership Authority for a Development Opportunity Fund Grant, amending and reordaining certain sections of the 2017 -2018 Capital Projects and Grant Funds Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2017 -2018 Capital Projects and Grant Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Capital Projects Fund Appropriations Transfer to Grant Fund Fund Balance Economic and Community Development Reserve - Unappropriated Grant Fund Appropriations Performance Agreement Revenues VEDP COF PowerSchool FY18 - State VEDP COF PowerSchool FY18 - Local 08- 250 -9310 -9535 125,000 08 -3365 (125,000) 35- 310 - 8177 -9980 425,000 35- 310 - 8177 -8177 300,000 35- 310 - 8177 -8178 125,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTE # N.�City Clerk. Meeting: December 18, 2017 Subject: Commonwealth's Development Opportunity Fund Performance Agreement among the City of Roanoke, Economic Development Authority of the City of Roanoke, Virginia, and PowerSchool Group LLC for the improvement and equipping of offices located at 110 Franklin Road, S. E., Roanoke, Virginia Background: The Commonwealth of Virginia through the Virginia Economic Development Partnership Authority (VEDP) has awarded a Commonwealth's Development Opportunity Fund grant of $250,000 (COF Grant) to the City of Roanoke for the purpose of inducing PowerSchool Group LLC, a Delaware limited liability company authorized to transact business in the Commonwealth of Virginia (PowerSchool), to make capital investments consisting of building up -fit and tenant improvements to existing offices located at 110 Franklin Road, S. E., Roanoke, Virginia, (Facility) and to hire new employees. The COF Grant requires an equal matching amount that will be provided by the City ($125,000) and the Economic Development Authority of the City of Roanoke, Virginia (EDA) ($125,000). The COF Grant and the local matching funds are subject to certain performance requirements. These requirements are included in the attached proposed Commonwealth's Development Opportunity Fund Performance Agreement (Agreement) among the City, EDA, and PowerSchool. Considerations: The COF Grant will be disbursed by VEDP to the City by no later than December 31, 2017. The City will transfer funds to the EDA and the EDA will make two payments to PowerSchool as follows: First Payment: PowerSchool will provide notice and evidence reasonably satisfactory to the City, EDA, and VEDP that it has (1) created and maintained at least 45 New Jobs, (2) received a Certificate of Occupancy for the Facility, and (3) made Capital Investments for furniture, fixtures, and equipment of at least $800,000. Such evidence will be subject to verification by the City and VEDP. Within 30 days of the verification, the City will disburse $125,000 of the COF Grant proceeds and an additional $62,500 to the EDA. Within 30 days of its receipt of such COF Grant proceeds and City funds, the EDA will disburse such COF Grant proceeds of $125,000 and an additional $125,000 of the match funds to PowerSchool. Second Payment: PowerSchool will provide notice and evidence reasonably satisfactory to the City, EDA, and VEDP that it has (1) created and maintained at least an additional 51 New Jobs and it has continued to maintain the 45 New Jobs referenced in the First Payment (for an aggregate of 96 New Jobs), and (2) made additional Capital Investments of at least $985,000 (for an aggregate of $1,785,000 of Capital Investments). Such evidence will be subject to verification by the City and VEDP. Within 30 days of the verification, the City will disburse $125,000 of the COF Grant proceeds and an additional $62,500 to the EDA. Within 30 days of its receipt of such COF Grant proceeds and City funds, the EDA will disburse the COF grant proceeds of $125,000 and an additional $125,000 of the match funds to PowerSchool. Pursuant to the terms of the Agreement, PowerSchool must satisfy its performance obligations by December 31, 2020, unless an extension is approved by VEDP as provided in the Agreement. In the event that PowerSchool does not satisfy the COF Grant requirements and no payments are made to PowerSchool, the City will return the full amount of the COF Grant to VEDP. If some, but not all the requirements are satisfied, the City will return a portion of the COF grant proceeds to VEDP as provided in the Agreement. Recommended Action: Adopt the attached ordinance authorizing the City Manager to accept the COF Grant, and execute an agreement substantially similar to the Agreement attached to this Agenda Report, and execute such other documents and to take such further actions as may be necessary to implement, administer, and enforce such agreement. All documents are subject to approval as to form by the City Attorney. Adopt the accompanying Budget Ordinance to establish a revenue estimate to receive the $250,000 COF Grant, appropriate $125,000 of matching funds from the Economic and Community Development Reserve, and establish a corresponding expenditure account for transfer of the funds to the EDA pursuant to the terms of the Agreement. -�Z ------------ Robert S. Cowell, Jr. City Manager Attachments Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Amelia C. Merchant, Director, Department of Finance Wayne Bowers, Director of Economic Development COMMONWEALTH'S DEVELOPMENT OPPORTUNITY FUND AND CITY OF ROANOKE LOCAL GRANT PERFORMANCE AGREEMENT This PERFORMANCE AGREEMENT made and entered this day of December, 2017, by and among the CITY OF ROANOKE, VIRGINIA (the "Locality ") a municipal corporation of the Commonwealth of Virginia (the "Commonwealth "), POWERSCHOOL GROUP LLC (the "Company "), a Delaware limited liability company authorized to transact business in the Commonwealth, and the ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF ROANOKE, VIRGINIA (the "Authority "), a political subdivision of the Commonwealth. WITNESSETH: WHEREAS, the Locality has been awarded a grant of and expects to receive $250,000 from the Commonwealth's Development Opportunity Fund (a "COF Grant ") through the Virginia Economic Development Partnership Authority ( "VEDP ") for the purpose of inducing the Company to move its operations in the Locality to a new location, thereby improving, equipping and operating an office and service delivery facility in the Locality (the "Facility"), and thereby making a significant Capital Investment, and creating and Maintaining a significant number of New Jobs, as such capitalized terms are hereinafter defined; WHEREAS, the Locality and the Authority have determined to make a second grant in the amount of $250,000 (the "Local Grant ") as additional inducement for the Company to move its operations in the Locality to a new location, thereby improving, equipping and operating an office and service delivery facility to be located in an existing building in the Locality (the "Facility "), thereby making a significant Capital Investment, and creating and Maintaining a significant number of New Jobs, as such capitalized terms are hereinafter defined; WHEREAS, the Locality is willing to provide the COF Grant and one -half of the Local Grant to the Authority with the expectation that the Authority will match the Locality's one -half of the Local Grant and provide the COF Grant and the Local grant (the "Grants ") to or for the use of the Company, provided that the Company promises to meet certain criteria relating to Capital Investment and New Jobs; WHEREAS, the Locality, the Authority and the Company desire to set forth their understanding and agreement as to the payout of the Grants the use of the proceeds of the Grants, the obligations of the Company regarding Capital Investment and New Jobs, and the repayment by the Company of all or part of the Grants under certain circumstances; WHEREAS, the improvement, equipping and operation of the Facility will entail a capital expenditure by or on behalf of the Company of approximately $1,785,000, of which approximately $810,000 will be invested in furniture, fixtures and equipment, and approximately $975,000 will be invested in the renovation and up -fit of the Facility; P,1­6111,1111( 01 P­f I -,, V,,o-m 1121117 WHEREAS, the improvement, equipping and operation of the Facility will further entail the creation and Maintenance of 96 New lobs at the Facility; and WHEREAS, the stimulation of the additional tax revenue and economic activity to be generated by the Capital Investment and New Jobs constitutes a valid public purpose for the expenditure of public funds and is the animating purpose for each of the Grants: NOW, THEREFORE, in consideration of the foregoing, the mutual benefits, promises and undertakings of the parties to this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties covenant and agree as follows. Section 1. Definitions For the purposes of this Agreement, the following terms shall have the following definitions: "Capital Investment" means a capital expenditure by or on behalf of the Company in taxable real property, taxable tangible personal property, or both, at the Facility. The Capital Investment must be in addition to the capital improvements at the Facility as of September 1, 2017. A capital expenditure related to a leasehold interest in real property will be considered to be made "on behalf of the Company" if a lease between a developer and the Company is a capital lease, or is an operating lease having a term of at least ten years, and the improvements to the Facility would not have been constructed or improved but for the Company's interest in leasing some or all of the real property. The parties agree that a seven (7) year lease term with the option to renew for an additional five (5) years fulfills the ten (10) year operating lease requirement. Only the capital expenditures allocated to the Facility will count as "Capital Investment." The purchase or lease of furniture, fixtures, machinery and equipment, including under an operating lease, and expected building up -fit and tenant improvements by or on behalf of the Company will qualify as Capital Investment. "Maintain" means that the New Jobs will continue without interruption from the date of creation through the Performance Date. Positions for the New Jobs will be treated as Maintained during periods no longer than six (6) months in which such positions are not filled due to (i) temporary reductions in the Company's employment levels (so long as there is active recruitment for open positions), (ii) strikes, and (iii) other temporary work stoppages. "New Job" means new permanent full -time employment of an indefinite duration at the Facility for which the standard fringe benefits are provided by the Company for the employee, and for which the Company pays an average annual wage of at least $68,116. The average annual wage of at least $68,116 will be the average of the combined New Jobs plus the existing full -time positions to be transferred to the Facility. Each New Job must require a minimum of either (i) 35 hours of an employee's time per week for the entire normal year of the Company's operations, which "normal year' must consist of at least 48 weeks, or (it) 1,680 hours per year. Seasonal or temporary positions, positions created when a job function is shifted from an P­ 1116,1111 CU1 .%,,­­n1 121417 existing location in the Commonwealth, and positions with construction contractors, vendors, suppliers and similar multiplier or spin -off jobs shall not qualify as New Jobs. The New Jobs must be in addition to the eighty -three (83) full -time jobs as of September 1, 2017, to be moved from the Company's existing location in the Locality to the Facility. "Performance Date" means December 31, 2020. If the Locality, in consultation with the Authority and VEDP, deems that good faith and reasonable efforts have been made and are being made by the Company to achieve the Targets, the Locality may request an extension of the Performance Date by up to 15 months. Any extension of the Performance Date shall require the prior approval of the Board of Directors of VEDP. If the Performance Date is extended, the Locality shall send written notice of the extension to the Authority, the Company and VEDP and the date to which the Performance Date has been extended shall be the "Performance Date" for the purposes of this Agreement. "Targets" means the Company's obligations to make Capital Investments at the Facility of at least $1,785,000 and to create and Maintain at least 96 New Jobs at the Facility, all as of the Performance Date. "Virginia Code" means the Code of Virginia of 1950, as amended. Section 2. Targets: Statutory Criteria (a) Targets: The Company will improve, equip and operate the Facility in the Locality, make a Capital Investment of at least $1,785,000, and create and Maintain at least 96 New Jobs at the Facility, all as of the performance Date. (b) Encouragement to Offer New Jobs to Residents of the Commonwealth: The Locality and the Authority hereby strongly encourage the Company to ensure that at least 30% of the New Jobs are offered to "Residents" of the Commonwealth, as defined in Virginia Code Section 58.1 -302. In pertinent part, that definition includes natural persons domiciled in Virginia or natural persons who, for an aggregate of more than 183 days of the year, maintained a place of abode within the Commonwealth, whether domiciled in the Commonwealth or not. (c) Prevailing Wage; Unemployment and Poverty Rates: The average annual wage of the New Jobs of at least $68,116 is more than the prevailing average annual wage in the Locality of $45,357. The Locality is a high - unemployment locality, with an unemployment rate for 2016, which is the last year for which such data is available, of 4.3% as compared to the 2016 statewide unemployment rate of 4.0 %. The Locality is a high - poverty locality, with a poverty rate for 2015, which is the last year for which such data is available, of 21.3% as compared to the 2015 statewide poverty rate of 11.2%. (d) Disclosure of Political Contributions: The Company acknowledges that the name of the Company will be shared by VEDP with the Governor of Virginia, and any campaign committee or political action committee associated with the Governor. The Company acknowledges that within 18 months of the date of this Performance Agreement, the Governor, his campaign committee, and his political action committee will submit to the Virginia Conflict Po— S,hoolCOI Pvrart-nnG'.lgacmcvv 121417 of Interest and Ethics Advisory Council a report listing any contribution, gift, or other item with a value greater than $100 provided by the Company to the Governor, his campaign committee, or his political action committee, respectively, during the period from the date of the Company's application for the COF Grant through the one -year period immediately after the date of this Agreement. Section 3. Disbursement of COF Grant. (a) Disbursement of the COF Grant: By no later than December 31, 2017, the Locality will request the disbursement to it of the COF Grant. If not so requested by the Locality by December 31, 2017, this Agreement will terminate. The Locality and the Company will be entitled to reapply for a COF Grant thereafter, based upon the terms, conditions and availability of funds at that time. The disbursement of the COF Grant proceeds to the Company will serve as an inducement to the Company to achieve the Targets at the Facility. The COF Grant proceeds shall be retained by the Locality and shall be disbursed in two payments as follows: First Payment: The Company will provide notice and evidence reasonably satisfactory to the Locality, the Authority, and VEDP that it has (1) created and maintained at least 45 New Jobs, (2) received a Certificate of Occupancy for the Facility, and (3) made Capital Investments for furniture, fixtures and equipment of at least $800,000. Such evidence will be subject to verification by the Locality and VEDP. Within 30 days of the verification, the Locality will disburse $125,000 of the COF Grant proceeds to the Authority. Within 30 days of its receipt of such COF Grant proceeds, the Authority will disburse such COF Grant proceeds to the Company. Second Payment The Company will provide notice and evidence reasonably satisfactory to the Locality, the Authority, and VEDP that it has (1) created and maintained at least an additional 51 New Jobs and it has continued to maintain the 45 New Jobs described in the foregoing section (for an aggregate of 96 New Jobs), and (2) made additional Capital Investments of at least $985,000 (for an aggregate of $1,785,000 of Capital Investments). Such evidence will be subject to verification by the Locality and VEDP. Within 30 days of the verification, the Locality will disburse $125,000 of the COF Grant proceeds to the Authority. Within 30 days of its receipt of such COF Grant proceeds, the Authority will disburse such COF Grant proceeds to the Company. If any COF Grant proceeds have not been disbursed to the Company within 90 days after the Performance Date, the Locality shall return such proceeds to VEDP for redeposit to the Commonwealth's Development Opportunity Fund. Pov­Ichool eoR K,fu,me .%,, menv 121417 (b) Use of the COF Grant Proceeds: The Company will use the COT Grant proceeds to pay or reimburse the costs of the up -fit of the Facility and training for now employees, all as permitted by Section 2.2- 115(D) of the Virginia Code. Section 4. Disbursement of Local Grant. (a) Disbursement of the Local Grant, The disbursement of the Local Grant proceeds to the Company will serve as a further inducement to the Company to achieve the Targets at the Facility. The Local Grant proceeds shall be provided by the Locality to the Authority, and shall be disbursed in two payments as follows: First Payment: The Company will provide notice and evidence reasonably satisfactory to the Locality, the Authority, and VEEP that it has (1) created and maintained at least 45 New Jobs, (2) received a Certificate of Occupancy for the Facility, and (3) made Capital Investments for furniture, fixtures and equipment of at least $800,000. Such evidence will be subject to verification by the Locality, Authority, and VEDP. Within 30 days of the verification, the Locality will disburse $62,500 to the Authority. Within 30 days of its receipt of such funds from the Locality, the Authority will disburse $125,000 to the Company. It is intended that the Local Grant First Payment will be disbursed at the same time as the COF Grant First Payment. For this First Payment, the obligations of the Authority shall be limited to the amount received from the Locality plus $62,500 in Authority funds. Second Payment: The Company will provide notice and evidence reasonably satisfactory to the Locality, the Authority, and VEDP that it has (1) created and maintained at least an additional 51 New Jobs and that it has maintained the 45 Jobs described in the foregoing section (for an aggregate of 96 New Jobs), and (2) made additional Capital Investments of at least $985,000 (for an aggregate of $1,785,000 of Capital Investments). Such evidence will be subject to verification by the Locality, Authority, and VEDP. Within 30 days of the verification, the Locality will disburse $62,500 to the Authority. Within 30 days of its receipt of the Locality funds, the Authority will disburse $125,000 to the Company. It is intended that the Local Grant Second Payment will be disbursed at the same time as the COT Grant Second Payment. For this Second Payment, the obligations of the Authority shall be limited to the amount received from the Locality plus $62,500 in Authority funds. Note: The Capital Investment amounts and New Jobs (and Maintenance thereof) refer to the same Capital Investment amounts and New Jobs (and Maintenance thereof) set forth in the COT Grant requirements referenced in this Agreement. Prn,.3choal l of 121417 (b) Use of the Local Grant Proceeds: The Company will use the Local Grant proceeds to pay or reimburse the costs of the up -fit of the Facility and training for new employees. Section 5. Break -Even Point; State and Local Incentives. (a) State -Level Incentives: VEDP has estimated that the Commonwealth will reach its "break -even point" by the Performance Date. The break -even point compares new revenues realized as a result of the Capital Investment and New Jobs at the Facility with the Commonwealth's expenditures on incentives, including but not limited to the COP Grant. With regard to the Facility, the Commonwealth expects to provide incentives in the following amounts: Cateeory of Incentive: Total Amount COF Grant $250,000 Virginia Jobs Investment Program ( "VJIP ") (Estimated) 76,800 Enterprise Zone Real Property Investment Grant ( "EZRPIG ") 100,000 (Estimated) Enterprise Zone Job Creation Grant ( "EZJCG ") (Estimated) 368,000 The proceeds of the COE Grant shall be used for the purposes described in Section 3(b). The VJIP grant proceeds shall be used by the Company to pay or reimburse itself for recruitment and training costs. The proceeds of the EZRPIG and the EZJCG may be used by the Company for any lawful purpose. (b) Locality -Level Incentives: The Locality expects to provide the following incentives, as matching grants or otherwise, for the Facility: Category of Incentive: Total Amount Local Grant $250,000 Building Permit Fee Rebate (Estimated) 5,000 If, by the Performance Date, the funds disbursed or committed to be disbursed by the Locality to the Company total less than the $250,000 COT Grant local match requirement, the Locality, subject to appropriation, will make an additional grant to the Company of the difference at the Performance Date, so long as the Company has met its Targets. The proceeds of the Local Grant shall be used for the purposes described in Section 4(b). The proceeds of the Building Permit Fee Rebate will reflect cost savings to the Company. The rebate will be made under the terms of the Locality's Enterprise Zone One A Building Permit Fee Rebate Program. Pmcv&F G(A P,d ... ..macr \gmcmmv 121417 (c) Other Incentives: The qualification for, and payment of, VJIP, the EZRPIG, the EZJCG, and the Building Permit Fee Rebate will not be governed by this Agreement, but by separate arrangements between the Company acrd entity offering the other incentives. Section 6. Repayment Obligation. (a) If Statutory Minimum Eligibility Requirements are Not Met Section 2.2-115 of the Virginia Code requires that the Company make a Capital Investment of at least $1,500,000 in the Facility and create and Maintain at least 15 New Jobs at the Facility in order to be eligible for the COF Grant. Failure by the Company to meet either of these statutory minimum eligibility requirements by the Performance Date shall constitute a breach of this Agreement and the Company must repay to the Authority all of the proceeds of the Grants previously disbursed to the Company. In such event, the Locality will repay to VEDP all of the COF Grant proceeds not previously disbursed to the Company. (b) Allocation of COF Grant and Local Grant Proceeds: For purposes of repayment under subsection (c), the COF Grant and Local Grant are each to be allocated as 50% (up to $125,000 each) for the Company's Capital Investment Target, and 50% (up to 5125,000 each) for the Company's New Jobs Target. (c) If Statutory Minimum Eligibility Requirements are Met: The provisions of this subsection (c) shall become applicable only if the Company has met the statutory minimum eligibility requirements set forth in subsection (a). If the Company has met at least ninety percent (90 %) of both of the Targets at the Performance Date, then and thereafter the Company is no longer obligated to repay any portion the COF Grant or the Local Grant. If the Company has not met at least ninety percent (90 %) of either or both of its Targets as of the Performance Date, the Company shall repay to the Authority that part of the COF Grant and the Local Grant previously disbursed to the Company that is proportional to the Target or Targets for which there is a shortfall. For example, if as of the Performance Date, the Company has received all $250,000 of the COF Grant proceeds and all $250,000 of the Local Grant proceeds, but the Capital Investment is only $1,500,000, or 84% of the Capital Investment Target, and only 48 New Jobs have been created and Maintained, or 50% of the New Jobs Target, the Company shall repay to the Authority 16% of the COT Grant proceeds that it received allocated to the Capital Investment Target or $20,000, and 16% of the Local Grant proceeds that it received allocated to the Capital Investment Target or $20,000, as well as 50% of the COF Grant proceeds that it received allocated to the New Jobs Target or $62,500 and 50% of the Local Grant proceeds that it received allocated to the New Jobs Target or $62,500. In any such event, the Locality will repay to VEDP all of the COF Grant proceeds not previously disbursed to the Company. (d) Determination of Inability to Comply. If the Locality or VEDP shall determine at any time prior to the Performance Date (a "Determination Date ") that the Company is unable or unwilling to meet and Maintain its Targets by and through the Performance Date, and if the Locality, the Authority or VEDP shall have promptly notified the Company of such determination, the Company must repay to the Authority all of the proceeds of the Grants previously disbursed to the Company. In such event, the Locality will repay to VEDP all of the P,-. eFool (0I IAduvnmm dgee.muu 1'1417 COF Grant proceeds not previously disbursed to the Authority for the Company. Such a determination will be based on such circumstances as a filing by or on behalf of the Company under Chapter 7 of the U.S. Bankruptcy Code, the liquidation of the Company, an abandonment of the Facility by the Company or other similar significant event that demonstrates that the Company will be unable or is unwilling to satisfy the Targets for the Grants. (e) Repayment Dates: Such repayments shall be due from the Company to the Authority within ninety days of the Performance Date or the Determination Date, as applicable. Any COF Grant moneys repaid by the Company to the Authority hereunder shall be repaid by the Authority to the Locality and shall be repaid by the Locality promptly to VEDP for redeposit into the Commonwealth's Development Opportunity Fund. The Locality and the Authority shall use their best efforts to recover such funds, including legal action for breach of this Agreement. Neither the Locality nor the Authority shall have any responsibility for the repayment of any sums payable by the Company hereunder unless said sums have been received by the Authority from the Company. Section 7. Company Reporting. The Company shall provide, at the Company's expense, detailed verification reasonably satisfactory to the Locality, the Authority and VEDP of the Company's progress on the Targets. Such progress reports will be provided annually, starting at April 1, 2018 and covering the period through the prior December 31. Further, the Company shall provide such progress reports at such other times as the Locality, the Authority or VEDP may reasonably require. If the Company wishes to count as Capital Investments the capital expenditures made on its behalf by a lessor or a developer of the Facility, the Company is responsible for assembling and distributing the documentation necessary to verify the capital expenditures made on behalf of the Company. Although not required, the report may be in the form attached hereto as Exhibit A. With each such progress report, the Company shall report to VEDP the amount paid by the Company in the prior calendar year in Virginia corporate income tax or, as applicable, shall provide to VEDP a copy of its Virginia income tax form filed with respect to its status as a pass - through entity. VEDP has represented to the Company that it considers such information to be confidential proprietary information that is exempt from public disclosure under the Virginia Freedom of Information Act acrd that such information will be used by VEDP solely in calculating aggregate return on invested capital analyses for purposes of gauging the overall effectiveness of economic development incentives. The Company hereby authorizes the Locality, including the Locality's Commissioner of the Revenue and Treasurer, to release to VEDP the Company's real estate tax, business personal property tax and machinery and tools tax information. Such information shall be marked and considered confidential and proprietary acrd shall be used by VEDP solely for verifying satisfaction of the Capital Investment Target. If the Locality, the Office of the Commissioner of the Revenue or the Office of the Treasurer should require additional documentation or consents from the Company to access such information, the Company shall promptly provide, at the Company's expense, such additional documentation or consents as the Locality, the Authority I'rnx �i5chml COI � , %,--o 121417 or VEDP may request. In accordance with Virginia Code Section 58.1- 3122.3, VEDP is entitled to receive the Company's real estate tax, business personal property tax and machinery and tools tax information from the Locality's Commissioner of the Revenue. If requested by VEDP, the Company shall provide to VEDP copies of the Company's quarterly filings with the Virginia Employment Commission covering the period from August 1, 2017 through the Performance Date. In accordance with Virginia Code Section 60.2 -114, VEDP is entitled to receive the Company's employment level and wage information from the Virginia Employment Commission. Section 8. Notices. Formal notices and communications between the Parties shall be given either by (i) personal service, (ii) delivery by a reputable document delivery service that provides a receipt showing date and time of delivery, (iii) mailing utilizing a certified or first class mail postage prepaid service of the United States Postal Service that provides a receipt showing date and time of delivery, or (iv) delivery by facsimile or electronic mail (email) with transmittal confirmation and confirmation of delivery, addressed as noted below. Notices and communications personally delivered or delivered by document delivery service shall be deemed effective upon receipt. Notices and communications mailed shall be deemed effective on the second business day following deposit in the United States mail. Notices and communications delivered by facsimile or email shall be deemed effective the next business day, not less than 24 hours, following the date of transmittal and confirmation of delivery to the intended recipient. Such written notices and communications shall be addressed to if to the Company, to: PowerSchool Group LLC 150 Parkshore Drive Folsom, CA 95630 Facsimile: Email: trena.ellis@powerschool.com Attention: Facilities Manager if to the Locality, to: City of Roanoke, Virginia Noel C. Taylor Municipal Building 215 Church Avenue S.W. Room 364 Roanoke, Virginia 24011 Facsimile: 540- 853 -1153 Email: citymgr @roanokeva.gov Attention: City Manager '.— S,hool rC'or Pu&1 -111 \,1,11,111121417 with a copy to: PowerSchool Group LLC 150 Parkshore Drive Folsom, CA 95630 Facsimile: Email: legal @ powerSchool. com Attention: Legal Department with a copy to: City of Roanoke, Virginia Noel C. Taylor Municipal Building 215 Church Avenue S.W. Room 464 Roanoke, Virginia 24011 Facsimile: 540 -853 -1221 Email: cityatty @roanokeva.gov Attention: City Attorney if to the Authority, to: Economic Development Authority of the City of Roanoke, Virginia 117 Church Avenue Roanoke, Virginia 24011 Facsimile: 540-853-1213 Email: econdcvl @roanokeva.gov Attention: Chair if to VEDP, to: Virginia Economic Development Partnership One James Center, Suite 900 901 East Cary Street Post Office Box 798 (zip: 23218 -0798) Richmond, Virginia 23219 Facsimile: 804.545.561 1 Email smoret @yesvirginia.org Attention: President and CEO Section 9. Miscellaneous. with a copy to: Economic Development Authority of the City of Roanoke, Virginia 37 Campbell Avenue, S.W. Roanoke, Virginia 24011 Facsimile: 540- 224 -8050 Email: hdarby @glennfeldmann.com Attention: Harwell M. Darby, Jr., Esq. with a copy to: Virginia Economic Development Partnership One James Center, Suite 900 901 East Cary Street Post Office Box 798 (zip: 23218 -0798) Richmond, Virginia 23219 Facsimile: 804.545.561 l Email: smcninch @yesvirginia.org Attention: General Counsel (a) Entire Agreement; Amendments: This Agreement constitutes the entire agreement among the parties hereto as to the Grants and may not be amended or modified, except in writing, signed by each of the parties hereto and consented to by VEDP. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. The Company may not assign its rights and obligations under this Agreement without the prior written consent of the Locality, the Authority and VEDP. (b) Governing Lawn Venue: This Agreement is made, and is intended to be performed, in the Commonwealth and shall be construed and enforced by the laws of the Commonwealth. Jurisdiction and venue for any litigation arising out of or involving this Agreement shall lie in the Circuit Court of the City of Roanoke, and such litigation shall be brought only in such court. (c) Counterparts: This Agreement may be executed in one or more counterparts, each of which shall be an original, and all of which together shall be one and the same instrument. (d) Severability: If any provision of this Agreement is determined to be unenforceable, invalid or illegal, then the enforceability, validity and legality of the remaining provisions will not in any way be affected or impaired, and such provision will be deemed to be restated to reflect the original intentions of the parties as nearly as possible in accordance with applicable law. Po—,,hool t 01, 121417 (e) Attorney's Fees: Attorney's fees shall be paid by the party incurring such fees; provided, however, in the event of litigation under this Agreement, the prevailing party in such litigation shall be entitled to recover its legal fees and expenses incurred in such litigation from the party which does not prevail in such litigation [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] 1'm.I'SUh -II COP III If" AA unnunl 121417 IN WITNESS WHEREOF, the parties hereto have executed this Performance Agreement as of the date first written above. CITY OF ROANOKE, VIRGINIA By Name: Robert S. Cowell, Jr. Title: City Manager Date: ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF ROANOKE, VIRGINIA By Name: Allen Damon Williams Title: Chair Date: POWERSCHOOL GROUP LLC By Name: Mark Oldemever Title: Chief Financial Officer Date: Exhibit A: Suggested Form for Annual Progress Report P,-- -drool COP Ve.Onm.nm 9gam—v 121417 �? Exhibit A ANNUAL PROGRESS REPORT COMMONWEALTH'S DEVELOPMENT OPPORTUNITY FUND and CITY OF ROANOKE LOCAL GRANT As required by Section 7 of the Performance Agreement to which this Exhibit A is attached, the Company is required to report annually towards its progress in meeting the Targets for making Capital Investments and creating and Maintaining New Jobs. Please return this form to: Kim Ellett Brandon Turner Incentives Coordinator Economic Development Specialist Virginia Economic Development Partnership City of Roanoke kellett @yesvirginia.org brandon.tumer @roanokeva.gov PROJECT SUMMARY: Project PowerSchool Group LLC Location City of Roanoke Amount of Grant $250,000 Performance Reporting Period Through December 31, 20 Performance Date December 31, 2020 PROJECT PERFORMANCE: Performance Measurement Target As of 12/31/20 % Complete New Jobs (over baseline) 96 Capital Investment (provide breakdown below)! S1,785,000 Average Annual Wage $68,116 Virginia Corporate Income Tax Paid in Prior Calendar Year} 'Data will be verified using Virginia Employment Commission records. 2Data will be verified with locality records. 'This confidential information is protected from disclosure pursuant to § 2.2- 3705.6 of FOIA. P1,1 "S6,1,11 CUP P,flor— .m.A, --1 121417 Capital Investment Breakdown Amount New Construction or Expansion $ Renovation / Tenant Improvements $ Other Furniture, Fixtures and Equipment $ COMMENTS: (Discuss project status, including current level of New Jobs and Capital Investment, progress on Targets, changes or likely changes in project's nature that may impact the achievement of Targets, and other information relevant to project performance. If the project is not on track to meet the Targets, please provide an explanation.) Company: POWERSCHOOL GROUP LLC Signature: Name: Title: Date: Vir+vSlh (ArItdomixoa, %,--, 121417 I CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 'Telephone: (540) 853 -2541 F..: (540)853 -1145 S FPI IAN IF, M. MOON I2LVNOLDS, MMC F. --ik clerk(,)...... k,v..g., CLCLI.IA F. MCCOV City Clerk Deputy City Clerk CECELIA T. W LBB, CMC A1161 -1 Deputy City Clerk January 2, 2018 REVISED Cindy H. Poulton, Clerk Roanoke City School Board P. O. Box 13145 Roanoke, Virginia 24031 Dear Ms. Poulton: I am enclosing copy of Budget Ordinance No. 41022 - 121817 appropriating funding from Federal grants for various education at programs; and amending and reordaining certain sections of the 2017 — 2018 School Grant Fund Appropriations. The abovementioned measure was adopted by the Council of the City of Roanoke at its regular meeting held on Monday, December 18 2017 not October 16, 2017; and is in full force and effect on and after December 31, 2017. Sincerely, Stephanie M. Moon Reynolds, MMC City Clerk Enclosure PC: Robert S. Cowell, Jr., City Manager Daniel J. Callaghan, City Attorney Amelia C. Merchant, Director of Finance IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA Tun 18th day or 1lecember, 2011. No. 41022 - 121817. AN ORDINANCE to appropriate funding from Federal grants for various educational programs, amending and reordaining certain sections of the 2017 -2018 School Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2017 -2018 School Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Professional Development 301 - 140 - Home - 1000 - 145M - 61210 - 44313 - 9 - 08 $ (1,000) Indirect Cost 302 - 000 - INDC - 0000 - 132M - 00000 - 62000 - 0 - 00 33,951 Personal Services 302 -110- 0000 - 0000 -132M- 61100- 41121 -3 -01 467,048 Benefits 302 -110- 0000 - 0000 -132M- 61100- 42204 -3 -0t 147,556 Materials B Supplies 302- 110 - 0000 - 0000 -132M- 61100- 46613 -2 -01 86,113 Purchased Services 302 - 170 - 0000 - 0000 - 132M - 61370 - 43381 - 9 - 01 86,750 Personal Services 302 - 110 - 0000- 0000 -138M- 61100- 41138 -9 -01 79,200 Benefits 302 - 110 -0000- 0000 -138M- 61100- 42201 -9 -01 6,059 Instructional Material 302- 110 - 0000 - 0000 - 138M - 61100 - 46630 - 9 - 01 15,195 Tutors 302 - 110 - 0000 - 0390 - 311 M - 61210 - 41121 -3-00 11,000 FICA 302 -110- 0000 - 0390 -311M- 61210- 42201 -3 -00 (7,586) Professional Development 302- 110 - 0000 - 0390 -311M- 61210 - 43313 -3 -00 14,000 Materials /Supplies 302- 110 -0000- 0390 -311M- 61210- 46001 -3 -00 (9,000) Tutors 302 -110 -0000- 0400 -311M- 61210- 41121 -3 -00 11,000 FICA 302 -110- 0000- 0400 -311M- 61210- 42201 -3 -00 (7,587) Professional Development 302- 110 - 0000- 0400 -311M- 61210 - 43313 -3 -00 14,900 Malenals /Supplies 302 - 110 -0000- 0400 -311M- 61210- 46001 -3 -00 (9,000) Professional Development 302 - 110 - 0000 - 1000 -132M- 61100 - 43313 -9 -01 54,785 Purchased Services 302 - 110 - 0000 - 1000 - 138M - 61100 - 43313 - 9 - 01 70,066 Purchased Services - Parental Involvement 302 - 110 - PINV - 0000 - 132M - 61310 - 43381 - 9 - 01 4,600 Miscellaneous Other Charges- Parent Involvement 302 - 110 -PINV- 0000 -132M- 63200 - 45583 -2 -01 2,000 Internal Printing - Parental Involvement 302- 110 - PINV - 1000 -132M- 61310- 44450 -9 -01 (300) School Coordinator Supplement 302 -140- 0000 - 0390 -311M- 61210- 41129 -3 -00 School Coordinator Supplement 302 -140- 0000 - 0400 -311M- 61210- 41129 -3 -00 250 Indirect Cost 302 - 140 -HOME- 1000 -145M- 00000 - 62000 - 9 - 08 250 (1,500) Coordinator Salary 302 -140 -HOME- 1000 -145M- 61210 - 41138 - 9 - 08 8,000 Student Transportation P 302- 140 -HOME- 1000 -145M- 61210- 43342 -9 -08 500 Revenues Federal Grant Receipts 302 - 000 - 0000 - 0000 - 132M - 00000 - 38010 - 0 - 00 $ 882,503 Federal Grant Receipts 302 - 000 - 0000 - 0000 - 138M - 00000 - 38186 - 0 - 00 170,520 Federal Grant Receipts 302 -000- 0000- 0000 -145M- 00000- 38196 -0 -00 6,000 Federal Grant Receipts 302 -000- 0000- 0000 -311M- 00000 - 38334 -0 -00 17,327 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATT T: nA � 'r City Clerk. OLL WAI ROANOKE CITY PUBLIC SCHOOLS December 18, 2017 school Board Bob Cowell Annette Lewis Amelia Merchant Chairman The Honorable Sherman P. Lea, Sr., Mayor and Members of Roanoke City Council Mark K. Cathey Vice Chairman Roanoke, VA 24011 William B. Hopkins, Jr. Dear Members of Council: Elizabeth C. S. Jamison Laura D. Rottenborn As a result of official School Board action on Tuesday, December 12, Lutherio H. Smith 2017, the Board respectfully requests that City Council approve the Dick Willis following appropriation requests: Dr. Rita D. Bishop New Appropriation Award Superintendent Title IV, Part A Student Support and Academic Enrichment Cindy Poulton 2017 -18 $170,520.05 Clerk of f the Board Revised Appropriations Additional Award Title I, Part A Improving Basic Programs 2017 -18 $882,502.90 Title IX, Part A McKinney -Vento Homeless Assistance Program 2017 -18 $6,000.00 GEAR UP Virginia (GUV) 2017 -18 $17,326.75 On behalf of the School Board, thank you for your consideration. Si/nnce ^re�l`y,,`) Cindy H. U:onl !lurk- pc: Dan Callaghan Rita D. Bishop Bob Cowell Kathleen Jackson Amelia Merchant Holli Salyers (w /details) Annette Lewis www.rcpi.mfo P: 540.853.2381 f: 540.853.2951 P.O. Box 13145 Roanoke VA 24031 Meeting: December 18, 2017 Subject: School Board Appropriation Request Background As the result of official Roanoke City School Board action at its December 12, 2017 meeting, the Board respectfully requested that City Council appropriate funding as outlined in this report. The 2017 -18 Title I, Part A Improving Basic Programs grant award of $882,503 provides assistance to schools with high numbers or percentages of children from low- income families to help ensure that all children meet challenging academic content and achievement standards. This grant will be reimbursed by federal funds and will end September 30, 2019. This is a continuing program. The 2017 -18 Title IV, Part A Student Support and Academic Enrichment grant award of $170,520 provides assistance to Roanoke City Public Schools for improving students' academic achievement by increasing the capacity of the school division to provide all students' with access to a well- rounded education, improving school conditions for student learning, and enhancing the use of technology in order to improve the academic achievement and digital literacy of all students. This grant will be reimbursed by federal funds and will end September 30, 2019. The 2017 -18 Gear Up Virginia grant award of $17,327 provides a comprehensive set of services to improve college readiness and increase college enrollment. The project will also follow students through their first year of college by providing mentoring and tutoring to ease their transition to postsecondary education. This grant will be reimbursed by federal funds and will end August 31, 2018. This is a continuing program. The 2017 -18 Title IX, Part A McKinney -Vento Homeless Assistance grant award of $6,000 supports the identification of, and provision of support services to, students who are experiencing homelessness. This grant will be reimbursed by federal funds and will end September 30, 2019. This is a continuing program. Recommended Action: We recommend that Council concur with this report of the School Board and adopt the attached budget ordinance to establish revenue estimates and to appropriate funding as outlined. Robert S. Cowell, Jr. City Manager Distribution: Council Appointed Officers Dr. Rita D. Bishop, Superintendent, RCPS P. Steve Barnett, Assistant Superintendent for Operations, RCPS Kathleen M. Jackson, Chief Financial Officer, RCPS Amelia C. Merchant, Director of Finance IN "I I IF COUNCIL 01' 11 IF CfIY OF ROANOKE, VIR(IINIA The 18th day of Uec.einber, 2017. No. 41023 - 121817. A RESOLUTION endorsing the HARP Network of Age - Friendly Communities and the World health Organization Global Network of Age - Friendly Cities and Communities; authorizing the Mayor and City Manager to execute an application to join the AARP Network of' Age - Friendly Communities and the World Ilealth Organization Global Network ol'Age- Friendly Cities and Communities, and authorizing the Mayor and City Manager to lake such other actions and execute such other documents in support of this application. WIIERFAS, in 2006, the World health Organization launched its Global Network of Age - Friendly Cities and Communities to assist communities in planning for the rapid expansion of an aging population and the parallel demands presented by global urbanization; WIIERFAS, AARP created the AARP Network of Age - Friendly Communities as an affiliate of the World Health Organization Global Network of Age- Friendly Communities (collectively, "AFC') to promote and collaborate with communities seeking to create and sustain livable communities for people of all ages; WHEREAS, communities that join AFC commit to actively work to make their communities a great place in which to live for people of all ages; WHEREAS, communities that join AFC enjoy access to a global network of communities dedicated to the principle of promoting health and sustained economic growth for their citizens of all ages, receive regular updates on activities and initiatives to assist in achieving more livable communities, develop opportunities for collaborations and partnerships with other communities, and receive mentoring and peer review from other member communities; WI11 12ISAS, as of December 10, 201T 195 communities throughout the United States, including four localities in the Commonwealth of Virginia, havejoined AFC; and WHEREAS, the City of Roanoke, a seven time All America City, in collaboration with the Local Office on Aging, Inc. and other civic and charitable organizations throughout the Greater Roanoke Valley Region will reap heefts from participation in AFC in promoting Roanoke and the Greater Roarl Valley Region as a great place to live, work, grow, and play for people of all ages. 'fl IERFFORE, BE IT RESOLVED by the Council of the City of Roanoke, Virginia that L City Council endorses the principles and objectives of AFC in creating, promoting, and sustaining livable communities for people of all ages. 2. The Mayor and the City Manager are authorized to execute the application to join AARP Network of Age - Friendly Communities and the World Health Organization Global Network of Age- Friendly Cities and Communities. 3. The Mayor and the City Manager are authorized to execute such other documents, in a form approved by the City Attorney, and take such other actions deemed necessary in connection with the submission of the application to join AARP Network of Age - Friendly Communities and the World Health Organization Global Network of Age - Friendly Cities and Communities. ATTEST: City Clerk. January 2, 2018 REVISED Ben Crew Balzer & Associates, Inc. 1208 Corporate Circle Roanoke, Virginia 24018 Dear Mr. Crew: I am enclosing copy of Ordinance No. 41024 - 121817 rezoning property located at 536 Orange Avenue, N. E., bearing Official Tax Map No. 3020203; 0 (zero) Orange Avenue, N. E., bearing Official Tax Map No. 3020207; 0 (zero) Williamson Road, N. E., bearing Official Tax Map No. 3020209; 0 (zero) Short Street, N. W., bearing Official Tax Map No. 3070909; and 0 (zero) Louisiana Avenue, N. E., bearing Official Tax Map Nos. 3041712, 3041713, 3041714 and 3042223, from CG, Commercial - General District, to MXPUD, Mixed Use Planned Unit Development District, subject to a certain condition, and CG, Commercial General District, subject to certain conditions. The abovementioned measure was adopted by the Council of the City of Roanoke at its regular meeting held on Monday, December 18 2017 not October 16, 2017; and is in full force and effect on and after December 31, 2017. Sincerely, P11b"w��' tWti 'J Stephanie M. Moon Reynolds, C City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Chureh Avenue, S. W., Room 456 Roanoke, Virginia 24011 -15 36 'I (540)x9 -2541 IQia: (5411)X53 -1145 S'I'UPIIANIF M.MOON I(RYNOI DS, 01X(' P: nmil: elcrkprronnokevn ' qnv ('1X F1AALM('('OY ('A,('lerk Deputy('iq,('Ierk ('ECELIA'1'. WEDD, ('MC' A%sielant Deputy Oty Clerk January 2, 2018 REVISED Ben Crew Balzer & Associates, Inc. 1208 Corporate Circle Roanoke, Virginia 24018 Dear Mr. Crew: I am enclosing copy of Ordinance No. 41024 - 121817 rezoning property located at 536 Orange Avenue, N. E., bearing Official Tax Map No. 3020203; 0 (zero) Orange Avenue, N. E., bearing Official Tax Map No. 3020207; 0 (zero) Williamson Road, N. E., bearing Official Tax Map No. 3020209; 0 (zero) Short Street, N. W., bearing Official Tax Map No. 3070909; and 0 (zero) Louisiana Avenue, N. E., bearing Official Tax Map Nos. 3041712, 3041713, 3041714 and 3042223, from CG, Commercial - General District, to MXPUD, Mixed Use Planned Unit Development District, subject to a certain condition, and CG, Commercial General District, subject to certain conditions. The abovementioned measure was adopted by the Council of the City of Roanoke at its regular meeting held on Monday, December 18 2017 not October 16, 2017; and is in full force and effect on and after December 31, 2017. Sincerely, P11b"w��' tWti 'J Stephanie M. Moon Reynolds, C City Clerk Ben Crew December 19, 2017 Page 2 PC: Star City Lodging,LLC, c/o Damini Patel, 815 Gainsboro Road, N. W., Roanoke, Virginia 24016 TAMERALLC, 5700 6th Avenue, Altoona, Pennsylvania 16602 New River Gulf Investments, P. O. Box 621, Pulaski, Virginia 24301 JMEM, LLC, 3129 Garden City Boulevard, S.E., Roanoke, Virginia 24014 Theresia Wagner Fell, 245 Ottaway Road, Troutville, Virginia 24175 Ssunny Investments, LLC, 1927 Franklin Road, S.W., Roanoke, Virginia 24015 PLANTA, LLC, P. O. Box 384, Roanoke, Virginia 24003 Gary T. Collins, 1325 Williamson Road, N. E., Roanoke, Virginia 24012 VRE Roanoke, LLC, 1211 S. White Chapel Boulevard, Southlake, Texas 76092 RADHEYRADHEYKRISHNA, LLC, 5712 Longridge Drive, S. W., Roanoke, Virginia 24018 Tu Kha Doan, 527 Missimer Lane, Vinton, Virginia 24179 Martin Media, 1545 Patrick Road, N.E., Roanoke, Virginia 24012 The Honorable Brenda Hamilton, Clerk of Circuit Court Daniel J. Callaghan, City Attorney Tina Carr, Secretary, City Planning Commission Steven J. Talevi, Assistant City Attorney Luke Pugh, City Engineer Susan Lower, Director of Real Estate Valuation IN'I'HF COIINCII. OI l 1IF CI IY OP ROANOKE. VIRGINIA The 18" day of 0e111111111, 2017. No. 41024 - 121817. AN ORI)INANCIs to WOW ccrluin property locnied tut 536 Orange Avenue, N.k., 0 (zero) Orange AVCnne. N.1'., (1 (zero) Williamson Road, N.F., 0 (zero) Short Sheet, N.W., and 0 (zero) Louisiana Avenue, N.E., front CG, ('umntcrcial- General District. to MXPUD, Mixed Use Phmned Unit Development District, subject to a certain condition, and CG, Commercial General District, subject to certain conditions, all of such conditions proffered by the applicant; and dispensing with the second reading of this ordinance by title. WHEREAS, Damini Patel, on behalf of Star City Lodging, LLC, has made application to the Council of the City of Roanoke, Virginia ( "City Council'), to have the property located at 536 Orange Avenue, N.E., bearing Official Tax Map No. 3020203; 0 (zero) Orange Avenue, N.li, bearing Official Tax Map No. 3020207; 0 (zero) Williamson Road, N.E., bearing Official Tax Map No. 3020209; 0 (zero) Short Street, N.W., bearing Official Tax Map No. 3070909; and 0 (zero) Louisiana Avenue, N.E., bearing Official Tax Map Nos. 3041712, 3041713, 3041714 and 3042223 rezoned from CG, Commercial - General District, to MXPUD, Mixed Use Planned Unit Development District, subject to a certain condition, and CG, Commercial General District, subject to certain conditions; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §36.2 -540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to City Council; WI IERb;AS, it public hcariug was hold by City Council on such application at its meeting o u t ecember 18, 2017, after duc and timely notice thereof as required by ys36.2- 540, ('ode of the City of Roanoke (1979), as amended, at which hearing all parties in interest and cilizcns were given an opportunity to be heard, both lot and against the proposed rezoning; and WHIIREAS, this Council, after considering the aforesaid application, the recommendation made to City Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, require the rezoning of the subject properly, and for those reasons, is of the opinion that the hereinafter described property should be rezoned as herein provided. TI IEREPORE, 1313 IT ORDAINED by the Council of the City of Roanoke that: I. Section 36.2 -100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect that Official Tax Map No. 3020203 located at 536 Orange Avenue, N.E.; Official Tax Map No. 3020207 located at 0 (zero) Orange Avenue, N.E.; Official Tax Map No. 3020209 located at 0 (zero) Williamson Road, N.E.; Official Tax Map No. 3070909 located at 0 (zero) Short Street, N.W.; and Official Tax Map Nos. 3041712, 3041713, 3041714 and 3042223 located at 0 (zero) Louisiana Avenue, N.E. be, and are hereby rezoned from CG, Commercial - General District, to MXPUD, Mixed Use Planned Unit Development District, subject to development in substantial conformity with a MXPUD development plan revision dated November 16, 2017, and CG, Commercial General District, subject to conditions restricting vehicular access to existing N access points and requiring cross access and parking agreements t -or the subject zoning parcel, as set forth in the Zoning Amendment Amended Application No. I dated November 16, 2017. 2. Pursuant to the provisions of Section 12 of the City Charter, the second tending of this ordinance by title is herchy dispensed with. ATTTT�E�S F:: City Clerk. M ' M� Oq Remnc.vlth pmffcrs - 536 Orange Dac 3 Q) CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: December 18, 2017 Subject: Application by Star City Lodging, LLC, to rezone property located at 536 Orange Ave NE (Official Tax Map Number 3020203), 0 Orange Ave NE (Official Tax Map Number 3020207), 0 Williamson Rd NE (Official Tax Map Number 3020209), 0 Short St NW (Official Tax Map Number 3070909), 0 Louisiana Ave NE (Official Tax Map Number 3041712), 0 Louisiana Ave NE (Official Tax Map Number 3041713), 0 Louisiana Ave NE (Official Tax Map Number 3041 714), and 0 Louisiana Ave NE (Official Tax Map Number 3042223) from Commercial General District (CG) to Mixed Use Planned Unit Development District ( MXPUD), subject to development in substantial conformity with a MXPUD development plan revision dated November 16, 2017, and Commercial General District (CG), subject to conditions restricting vehicular access to existing access points and requiring cross access and parking agreements for the subject zoning parcel. Recommendation The Planning Commission held a public hearing on Monday, December 11, 2017. By a vote of 6 - 0 the Commission recommended approval of the rezoning request, finding that the Amended Application No. 1 is consistent with the City's Comprehensive Plan, Williamson Road Area Plan, and Zoning Ordinance as the property will be redeveloped for an active use appropriate to the surrounding area. Application Information Request: Rezoning to MXPUD, Mixed Use Planned Unit Development, with a condition; and CG, Commercial General District with conditions Owner: Star City Lodging, LLC Applicant: See above Authorized Agent: Ben Crew, Balzer and Associates, Inc. City Staff Person: Katharine Gray, Land Use and Urban Design Planner Site Address /Location: 536 Orange Ave NE, 0 Orange Ave NE, 0 Williamson Rd NE, 0 Short St NW, 0 Louisiana Ave NE, 0 Louisiana Ave NE, 0 Louisiana Ave NE, 0 Louisiana Ave NE Official Tax Nos.: 3020203, 3020207, 3020209, 3070909, 3041712, 3041713 3041714 and 3042223, res ectivel Site Area: Approximately 2.584 acres Existin Zonin : CG, Commercial General District Proposed Zoning: MXPUD, Mixed Use Planned Unit Development District, with a condition; and CG, Commercial General District with conditions Existing Land Use: ! Hotel Proposed Land Use: Hotel and possible future commercial development Neighborhood Plan: Williamson Road Area Plan Specified Future Land Small and Medium Scale Commercial Use: Filing Date: Original Application: Oct 30, 2017 Amended Application No. 1: Nov 16, 2017 Background The northeastern corner of Williamson Road and Orange Avenue is an area that was originally planned and built as a residential neighborhood that transitioned to a commercial and industrial area by 1950. As part of the transition to commercial and industrial development, the previous residential development pattern has been slowly overwritten over time though parcel conglomeration and development, street and alley vacations, etc. In the early 1970's, a motel and was built on 8 of these parcels that form an irregularly shaped development with little frontage on existing roads and streets. The current zoning for the parcels that make up the property is CG. The owner intends to redevelop the property with a new hotel building, but cannot develop the site as desired due to the dimensional standards of the CG District (30 foot maximum front yard) and the irregular lot shape. In October 2017, the applicant filed an application to rezone the property from CG to MXPUD, with a condition, and CG, with conditions, to allow for the redevelopment of the property with a multistory hotel facing the interior of the lot and an outparcel lot along Orange Avenue. The applicant subsequently amended their application addressing staff and Planning Commission comments. Development Plan and Proffered Conditions This application is unusual in that a portion of the property, Zoning Parcel #1, will be rezoned to an MXPUD district subject to a development plan while the other portion, Zoning Parcel #2, will be subject to conditions (two written proffers). Zoning Parcel #1 will be developed as the new hotel while Zoning Parcel #2 will have some parking but will remain largely vacant for future development as an outparcel. Zoning Parcel #1 is a 2.104 acre +/- area comprised of Official Tax Nos. 3020209, 3070909, 3041712, 3041713, 3041714, 3042223, and a portion of 3020203 being rezoned from CG TO MXPUD. In a planned unit development district, all development must be in substantial conformance with the development plan, if approved, and other applicable standards of the zoning ordinance (e.g., landscaping and screening). Pertinent features of the proposed development plan include: • Arrangement of buildings, driveways, and parking. In particular the large hotel building is aligned with Zoning Parcel #2 and the building that could be constructed on that lot in the future, with parking located to the side of the hotel building and located to the rear of other developed property along Orange Avenue and Williamson Road. • floor area, elevations, and architectural details for the hotel. In particular, the building elevations and the development plan show a variety of building materials on the facades, large quantities of regularly- spaced glazing on the east and west facades of the building and landscaping along the south side of the building facing Orange Avenue. • Shared access drives and parking for the hotel and outparcels that alleviate the need for additional entrances from Orange Avenue or Williamson Road. • Right -of -way dedication along Orange Avenue for a future right turn lane should the extension of the existing lane be necessary in the future. Zoning Parcel #2 is a 0.48 Acre +/- area consisting of Official Tax No. 3020207 and a portion of 3020203 being rezoned from CG TO CG(c). The following proffers have been proposed as conditions of the rezoning. These conditions reinforce limited, shared access points from Orange Avenue and Williamson Road and make sure adequate parking is available for development of Zoning Parcel #2. No additional vehicular access shall be permitted from the Orange Avenue right of way. Access shall be from the shared entrances or interior access aisles of the development. Existing access locations from Williamson Road and Orange Avenue indicated as "Existing Access A and Existing Access B" as shown on the plan titled " Holiday Inn Express - Development Plan" dated 10/30/2017, last revised 11/16/2017, and prepared by Balzer and Associates, Inc. 2. A cross access and cross parking easement /agreement shall be provided for the subject zoning parcel for vehicular and pedestrian access. Considerations The subject property (8 parcels) proposed for rezoning is the site of an existing motel development at the corner of Orange Avenue and Williamson Road. Specifically, the development of this property functions as part of a larger commercial area that serves a regional market. Surrounding Zoning and Land Use: Compliance with the Zoning Ordinance: The purposes of the MXPUD District are to encourage the orderly development of mixed residential /commercial sites and to encourage innovative development patterns that create a desirable environment, particularly for lots which contain a number of constraints to conventional development. These regulations are designed to achieve the following objectives: 1) Promote efficient use of land and infrastructure through high quality urban design; 2) Promote a development pattern in harmony with existing development and the objectives of the City's Comprehensive Plan; 3) Permit a compatible mix of commercial and residential uses; 4) Provide safe, efficient access and traffic circulation; 5) Create opportunities to use new technologies in managing the quality and quantity of stormwater; and 6) Encourage the preservation of steep slopes, floodplains, historic structures and areas, and unique, natural, or geological formations. In a Planned Unit Development District, many of the dimensional regulations are defined by the PUD development plan. The proposed development plan displays the required information through graphics and text. Signage is regulated in the PUD District by what is specified on the development plan or is the same as CG District when not specified by the development plan. The regulations of the CG District will apply with the exception that a maximum of two, Zoning District Land Use North CG, Commercial General District Vacant; Eating establishment; Retail sales establishment, not otherwise listed South CG, Commercial General District Eating Establishment, Hotel, Outdoor advertising sign East CG, Commercial General District, Motor vehicle paint and body repair, and 1 -1, Light Industrial District and Office Park West CG, Commercial General District Motor vehicle repair and service establishment, Outdoor advertising si n, and Off -site parking Compliance with the Zoning Ordinance: The purposes of the MXPUD District are to encourage the orderly development of mixed residential /commercial sites and to encourage innovative development patterns that create a desirable environment, particularly for lots which contain a number of constraints to conventional development. These regulations are designed to achieve the following objectives: 1) Promote efficient use of land and infrastructure through high quality urban design; 2) Promote a development pattern in harmony with existing development and the objectives of the City's Comprehensive Plan; 3) Permit a compatible mix of commercial and residential uses; 4) Provide safe, efficient access and traffic circulation; 5) Create opportunities to use new technologies in managing the quality and quantity of stormwater; and 6) Encourage the preservation of steep slopes, floodplains, historic structures and areas, and unique, natural, or geological formations. In a Planned Unit Development District, many of the dimensional regulations are defined by the PUD development plan. The proposed development plan displays the required information through graphics and text. Signage is regulated in the PUD District by what is specified on the development plan or is the same as CG District when not specified by the development plan. The regulations of the CG District will apply with the exception that a maximum of two, shared freestanding signs will be permitted for the two zoning parcels shown on the development plan (one on Orange Avenue and one on Williamson Road). The height, square footage, and permitted characteristics of signage in the CG District are appropriate within the context of this general commercial area. Buffering, screening, and additional site development features that are required or regulated by the zoning ordinance are not all shown on the development plan. These details will be finalized during the development review process. Conformity with the Comprehensive Plan and Neighborhood Plan Both Vision 2001 -2020 and the Williamson Road Area Plan recognize the need for the redevelopment of sites at key intersections to serve the needs of citizens and visitors. The property has been used for hotel type development and the use remains appropriate in this area. The development plan allows for continued use of the property in a manner that assures a compatible development pattern with the surrounding area through the placement and orientation of the buildings, scale of buildings, entrance and glazing location, and associated site development. Relevant policies and action items in the Comprehensive Plan include: ED P6. Commercial development. Roanoke will encourage commercial development in appropriate areas (i.e., key intersections and centers) of Roanoke to serve the needs of citizens and visitors. The Williamson Road Area Plan lists several priority initiatives for the area: changing land use patterns to respond to emerging commercial development patterns, improving the appearance and function of streets, and improving the design of new buildings and sites. Relevant policies and action items in the plan are discussed below. Strategic Initiatives: Roanoke Civic Center /Stadium /Amphitheater Complex Regardless of whether the stadium /amphitheater project proceeds, the Civic Center complex remains a major regional center for entertainment. As a northern extension of Downtown, it should have clear connections with the City Market area. Greenway and sidewalk systems should facilitate easy pedestrian access between facilities and to downtown. By its nature, this area will have periodic traffic stresses during events, so access, traffic management, and parking demands should be carefully considered. Surrounding land uses should be guided toward commercial uses that are both complementary and compatible. The subject property is at the intersection of two major transportation arterials, Orange Avenue and Williamson Road, near the Civic Center. The hotel use is still appropriate for this regional center and provides the opportunity for an improved development pattern. The intersection is one of the busiest in the city with an existing right turn lane from Orange to Williamsons that begins just to the west of the subject property. The applicant has evaluated traffic demand for this site, particularly the need for a right turn lane from Orange Avenue into the property. While a turn lane is warranted, the additional traffic from this development compared to overall traffic is small. Furthermore, creating a short turn lane that is not contiguous with the existing turn lane could cause confusion for vehicles turning right onto Williamson Road (exit traffic flow and then need to merge back when they realize they've tried to turn too soon). As a turn lane could cause more problems than it helps, no right turn lane into the development is proposed. The development plan provides for dedication of right-of -way should the city wish to extend the existing right turn lane to the east past the property. Economic Development: • Signs: Sign clutter will be reduced by encouraging signs to be located on buildings rather than on freestanding structures. Where freestanding signs are used, they will be limited to appropriate heights and sizes. Commercial Design Guidelines: • Locate new buildings on or near the front property line. Recalling traditional patterns, there should be a close relationship between commercial buildings and the street. A well- designed building close to the street becomes the business's sign - therefore reducing expense, reducing street clutter, and improving overall appearance. • Go vertical. In urban areas such as Roanoke, commercial buildings should range from two to four stories, with upper floors being dedicated to less intense uses such as offices and high- density residential. Vertically mixing uses adds to the vitality of an area and consumes less of the city's limited land resources. • Limit the number of parking spaces. Base the number of parking spaces on typical, rather than peak, demands. • Locate parking to the side or rear of buildings. • Control vehicular access. With no on- street parking available, it is expected that businesses along Williamson Road will have vehicular access to their parking areas. Curb cuts should be limited in number and size. Seek opportunities for shared access points (see illustration). Improve overall safety of corridor. Customers appreciate safe, well- defined access points. The redevelopment of the property fulfills the broad City vision for reuse of underused parcels in older commercial areas at key intersections with uses and forms that are appropriate to the surrounding area. Specifically, the proposed development is consistent with the area plan design guidelines with the large, multistory hotel building set as close to the street as practicable with the unusual lot shape and a future outparcel available for development between the hotel and Orange Avenue to create a balanced streetscape with the adjacent property. The parking forth e hotel meets the minimum standards of the zoning ordinance without providing excessive overflow and there are provisions for shared parking and access between the hotel and future outparcel development. The site will conform to current development standards such as parking area, landscaping, and lighting. Overall, the development plan for the MXPUD portion of the property and the conditions for shared access and parking on the CG portion of the property will create a development that is consistent with Vision 2001 -2020 and the Williamson Road Area Plan. Public Comment Summary None. Planning Commission Work Session (November 14 2017): The following items were discussed in the Planning Commission Work Session and should be addressed for compliance with City policy and ordinances. • All parcels and addresses must be listed on application, within application, and on development plan. • Change wording on proffered condition to clearly show no new access allowed instead of no access... such as "No additional vehicular access shall be permitted from the Orange Avenue right -of -way. • There is concern about potential lack of parking for a future development on Parcel #2. You may wish to add a cross parking statement on the plan and a condition on Parcel 42 to deal with cross access parking to allow the future CG(c) parcel to be fully developed. • List substantial conformance with elevations in addition to the rendering or list minimum transparency requirements and arrangement for glazing on all sides of the hotel. • Provide additional glazing on the Orange Ave fa4ade or screen with large trees. • Provide right turn warrant analysis on Orange Ave for this proposed development. • For future Orange Ave planning and reducing congestion, the City will require an additional 5' right -of -way dedication. The Applicant subsequently filed Amended Application No. 1 addressing all of the comments. Conclusions and Recommendations: Overall, staff finds that the rezoning as proposed is consistent with these plans as it enables the redevelopment of a currently underused property in a manner appropriate to the surrounding area. The regional entertainment center at the intersection of Orange Avenue and Williamson Road has been an important part of the community's development pattern for many decades and a hotel is an appropriate use in that area. This change to the property will facilitate the redevelopment of an underused commercial site that will bring new life and potential commercial uses to this area. Planning Commission Public Hearing (December 11 2017): Chris Craft, President of Wildwood Civic League, said their neighborhood supports this project for the neighborhood. Steve Grammer asked if the new hotel would have accessible rooms and how it would be funded. The applicant stated it would meet the accessibility requirements within the code and that the funding is private. Kermit Hale, Chair City Planning Commission c: Robert S. Cowell, Jr., City Manager R. Brian Townsend, Assistant City Manager Chris Chittum, Director of Planning Building & Development Ian D. Shaw, Planning Commission Agent Daniel J. Callaghan, City Attorney Steven J. Talevi, Assistant City Attorney Damini Patel, Star City Lodging, LLC Ben Crew, Balzer and Associates, Inc. —, Departmentof Planning, Building and Development a InI7 ROANOKE Room 166, Noel C. Taylor Municipal Building NUv 1 215 Church Avenue, S.W. CITY OF ROANOKE Roanoke, Virginia 24011 PLANNING BUILDING B Phone: (540) 853 -1730 Fax (540) 853 -1230 DEVELOPMENT Click Here to Pdnt Filing Date: Nov 16, 2017 Submittal Number: Amended Application No. l ❑ Rezoning, Not Otherwise Listed ❑ Amendment of Proffered Conditions ❑ Rezoning, Conditional ❑ Amendment of Planned Unit Development Plan ❑x Rezoning to Planned Unit Development ❑ Amendment of Comprehensive Sign Overlay District ❑ Establishment of Comprehensive Sign Overlay District 0 LOUISIANA AVE NE, & A PORTION OF 536 ORANGE AVE. NE Address: 10 LOUISIANA AVE NE, 0 WILLIAMSON RD. NE., 0 SHORT ST. NW, 0 LOUISIANA AVE NE, 0 LOUISIANA AVE NE, & Official Tax Note)- 3042223, 3020209, 3070909, 3041712, 3041713, 3041714, AND A PORTION OF 3020203 Existing Without Conditions Zoning CG, Commercial - General ❑ With Conditions �� No(s). (If ry/A ❑ Planned Unit Development 1 ble applicable): applicable): Requested ❑ Without Conditions Proposed Zoning: MX -PUD ❑x With Conditions Land Use: HOTEL ❑ Planned Unit Development Name: STAR CITY LODGING, LLC -C/O DAMINI PATEL Phone Number: +t (sa0) 290 -tos0 Address: 815 GAINSBORO ROAD ROANOKE, VA 24016 E -mail: Damini @JPHOSPITALITY.Com Name: SAMEAS PROPERTY OWNER INFORMATION Phone Number: Address: E -mail I I wwmr•sgm.. Name'. BALZER & ASSOCIATES, INC. C/O BEN CREW Phone Number: +1 (540) 397 -o5a3 Address: 1208 CORPORATE CIRCLE ROANOKE, VA 24018 E- mail', BCREW @BALZER.CC xmmwpa,r.sy,= r_�s .wl Department of Planning, Building and Development ROANOKE Room 166, Noel C. Taylor Municipal Building NOV 16 2017 215 Church Avenue, S.W. Roanoke, Virginia 24011 CITY OF ROANOKE Click Here to Print Phone: (540) 853 -1730 Fax: (540) 853 -1230 PLANNING BUILDING 8 DEVELOPMENT Flung Date: Nov 16, 2017 Submittal Number. Amended Application No.1 ❑ Rezoning, Not Othenvise Listed ❑ Amendment of Proffered Conditions ❑x Rezoning, Conditional ❑ Amendment of Planned Unit Development Plan ❑ Rezoning to Planned Unit Development ❑ Amendment of Comprehensive Sign Overlay District ❑ Establishment of Comprehensive Sign Overlay District Address: IO ORANGE AVENUE N.E. &A PORTION OF 536 ORANGE AVENUE N.E. Official Tax No(s).: 3020207 AND A PORTION OF 3020203 Existing ❑x Without Conditions Ordinance Zoning', CG, Commercial- General ❑ With Conditions No(s). (If N/A ❑ Planned Unit Development applicable): Requested ❑ Without Conditions Proposed Zoning CG, Commercial- General I R With Conditions Land Use: CGBYRIGHTUSE ❑ Planned Unit Development Name: STAR CITY LODGING, LLC -C/O DAMINI PATEL Phone Number: +1 (540) 290 -1050 Address: , E -mail: Damini @1PHOSPITALITY.Com 815 GAINSBORO ROAD ROANOKE, VA 24016 Name: Phone Number: SAME AS PROPERTY OWNER INFORMATION Address: E- mail'. M+mr•aVa.: Name: BALZER & ASSOCIATES, INC. C/O BEN CREW Phone Number: +t (540) 397 -0543 Address: 1208 CORPORATE CIRCLE ROANOKE, VA 24018 E -mail: BCREW @BALZER.CC PAWe1PprcA19A^^N ^. ZONING AMENDMENT REQUEST NARRATIVE Star City Lodging, LLC (owner /applicant) is requesting a two part zoning request for the subject development. The first request is to rezone City of Roanoke Tax Parcels 3020209, 3070909, 3041712, 3041713, 3041714, 3042223, and a portion of 3020203 (Zoning Parcel #1: 2.104 +/- acres) from CG (Commercial General) to conditional MX -PUD (Mixed Use - Planned Unit Development) to allow for the construction of a hotel, that is anticipated to be branded as a Holiday Inn Express & Suites. The second request is to rezone City of Roanoke Tax Parcel 3020207 and a portion of 3020203 (Zoning Parcel #2: 0.48 +/- acres) from CG (Commercial General) to CG (c) with conditions to allow for proffered conditions to be applied to the subject outparcel regarding interior cross access to the development and no future vehicular access points along Orange Avenue. This parcel would be restricted to utilized Existing Access A or B as shown on the development plan for the request. The site is currently operated as a Rodeway Motel (99 Rooms), which will be razed and the site will be redeveloped as part of the new hotel improvements. The project will remove an older motel facility and replace it with a modern hotel to serve the Roanoke Valley. The project is comprised of seven (7) parcels that will be combined via a combination plat during the site plan & plat review process. The total acreage of the subject parcels being rezoned to MXPUD is +/- 2.10 acres and the total acreage of the remaining outparcel being rezoned to CG(c) is 0.48 +/- acres. The site currently has public road frontage on Orange Avenue N.E. and Williamson Road N.E. which will be maintained with the proposed project. The adjacent properties are zoned CG — Commercial General District and I - le — Industrial with conditions. The attached Development Plan (Exhibit A) shows the improvements proposed for the site and the proposed development regulations for the MX -PUD zoning designation. The new hotel is anticipated to have approximately 90 rooms and will be limited to 4 stories and 55' in overall height. The proposed building will include a drive -under canopy entrance area, small meeting room on the 1" floor, and exterior patio area for hotel guests. Parking for guests and employees will be located on -site and the site will include two right in -right out access points to the public right of ways of Orange Avenue and Williamson Road. One outparcel (Zoning Parcel #2) will be created along Orange Avenue to allow for future development. MX -PUD development regulations have been identified on the development plan to correlate with the proposed development of the hotel site. There is an existing cross access easement with Star City Lodging, LLC and Starbucks currently in place and any improvements /future development will maintain this cross access for the proposed hotel, Starbucks, and existing outparcel along Orange Avenue, The Holiday Inn Express & Suites will be developed to meet current IHG guidelines with the current prototype included as Exhibit C as part of the zoning amendment application. Site and Building mounted signage will be provided per the City of Roanoke zoning ordinance. This project is consistent with the goals and initiatives outlined in the Vision 2001 -2020 Comprehensive Plan. According to the Comprehensive Plan in Chapter 3.3, a critical component of economic development is hotel development and attracting/retaining tourism income. With the site being located near the Berglund Center (Roanoke Civic Center) and the Downtown core of the City, this project will be convenient for those staying in the Roanoke Valley and utilizing the amenities and other businesses in the area. The parcel is located within the southern section of the Williamson Road Area Plan, as adopted by the Roanoke City Council in 2004. The new Holiday Inn Express & Suites development meets the high priority themes by improving the design of new buildings and sites and changing land use patterns to respond to emerging commercial development patterns. The existing land use pattern is commercial and will remain the same along the Major Arterials of Orange Avenue and Williamson Road. The future land use map identifies these parcels as Small and Medium scale commercial which fits the program and intent of the proposed hotel use. The site design also limits the commercial access points on Williamson Road and Orange Avenue for the multiple business that share the existing two commercial entrances. On behalf of Star City Lodging, LLC we are requesting approval of this application for rezoning. This redevelopment project will provide significant enhancement to the site and provide an updated and quality hotel. It will provide for the rehabilitation of the existing motel site and will be a valuable asset for the surrounding commercial area, which will serve to further benefit the City of Roanoke. 2 IP z LW o /.. ...rJ 3 ly iL Lr Lj ��r f :y gel i I ' aE Lj ��r f U of EX -A :y gel i I ��• ORANGE AVE. N E. RMTE 4W U of EX -A �Yk S �1 I I j i° k �I !1 guru � z OR4NLE Amw m -'s vww I. a I I j i° k �I !1 R w�x�l =a p' o�a - EM guru � OR4NLE Amw m -'s vww R w�x�l =a p' o�a - EM EXHIBIT C - EXTERIOR HOTEL PERSPECTIVE MUM Star City Lodging, LLC 5360.vn0e AVeme, NP, ROVVV4e Ciry, VVgivia �yp�m5i n�¢xmiwp Ouvhcc3o .,��u.........e.. FRONT EXTERIOR ELEVATION LX ^93 O w sE REAR EXTERIOR ELEVATION SAS a: A2.01 .;y eds Q, Qp �d �s ^93 O w sE REAR EXTERIOR ELEVATION SAS a: A2.01 RIGHT EXTERIOR ELEVATION LEFT o EXTERIOR ELEVATION .a 9 ^?59 ''J 9 4:A9 14A '1`19 a.K .:999 y y N �z O nF a w�> rBo ow W. 0Oz s A2.02 ZONING AMENDMENT PROFFERED CONDITION: ZONING PARCEL #1 The applicant hereby agrees to proffer the following condition as they apply to the 2.104 Acre +/- Tax Parcels 3020209, 3070909, 3041712, 3041713, 3041714, 3042223, and a portion of 3020203 being rezoned from CG TO MXPUD. 1. The property will be developed in substantial conformance with the development plan, prepared by Balzer and Associates Inc., dated October 30, 2017, last revised November 16, 2017 and attached hereto as Exhibit A, "Development Plan", subject to those changes which may be required by the City of Roanoke during comprehensive development plan review. • The applicant hereby agrees to proffer the following condition as they apply to the 0.48 Acre +/- Tax Parcel 3020207 and a portion of 3020203 being rezoned from CG TO CG with Conditions. 1. No additional vehicular access shall be permitted from the Orange Avenue right of way. Access shall be from the shared entrances or interior access aisles of the development. Existing access locations from Williamson Road and Orange Avenue indicated as "Existing Access A and Existing Access B" as shown on the plan titled " Holiday Inn Express— Development Plan' dated 10/30/2017, last revised I I /16/2017, and prepared by Balzer and Associates, Inc. 2. A cross access and cross parking easemenvagreement shall be provided for the subject zoning parcel for vehicular and pedestrian access. ORigr!4411 (OOf Tax Parcels 3042223, 3020209, 3070909, 3041712, 3041713, 3041714, and a portion of 3020203 Beginning at a point along the Northerly right of way of Orange Avenue, N.E. at the Southeast corner of Roanoke City Tax parcel #3020206, said point being 537.42 feet West of the Northwesterly point of intersection with Orange Avenue, N.E. and Plantation Road, N.E.; thence N 02 °53'24" E a distance of 175.00 feet to a point; thence N 87 °06'36" W a distance of 148.39 feet to a point; thence S 01 °28'30" W a distance of 25.02 feet to a point; thence N 86 036'30" W a distance of 50.00 feet to a point; thence S 01 °28'30" W a distance of 21.09 feet to a point; thence N 84 °10'30" W a distance of 108.16 feet to a point; thence N 21009'48" E a distance of 12.00 feet to a point; thence N 68 °50'12" W a distance of 5.00 feet to a point; thence N 21 °09'48" E a distance of 74.79 feet to a point; thence S 87012'35" E a distance of 162.18 feet to a point; thence N 17 °38'25" E a distance of 301.10 feet to a point; thence S 79 °71'35" E a distance of 130.73 feet to a point; thence S 16 °39'39" W a distance of 56.09 feet to a point; thence S 86'08'13" E a distance of 84.64 feet to a point; thence S 03°51'47" W a distance of 182.54 feet to a point; thence N 86 °08'13" W a distance of 10.49 feet to a point; thence S 0102 1'49" W a distance of 104.10 feet to a point; thence N 87 006'36" W a distance of 139.40 feet to a point; thence S 02 °53'24" W a distance of 150.00 feet to a point; thence N 87 °06'36" W a distance of 6.58 feet to a point; which is the point and place of beginning, containing 2.1039 Acres (91,644 square feet). i.EGA], DESCRIPTION R: ZONING PARCEL #2 Tax Parcels 3020207 and a portion of 3020203 Commencing at a point along the Northerly right of way of Orange Avenue, N.E. at the Southeast corner of Roanoke City Tax parccl #3020206, said point being 537.42 feet West of the Northwesterly point of intersection with Orange Avenue, N.E. and Plantation Road, N.E.; thence S 87 °06'36" E a distance of 6.58 feet to the point of beginning; thence N 02 053'24" E a distance of 150.00 feet to a point; thence S 87 00636" E a distance of 139.40 feet to a point; thence S 01 °21'49" W a distance of 150.05 feet to a point; thence N 87 006'36" W a distance of 143.40 feet to a point; which is the point and place of beginning, containing 0.4869 Acres (21,210 square feet). TRIP GENERATION CALCULATIONS & TURN LANE WARRANTS FOR Star City Lodging, LLC Holiday Inn Express 536 ORANGE AVENUE NE City of Roanoke, Virginia B &A PROJECT #04170051.00 DATE: November 16, 2017 8A.1_1L1LJ lam. AND ASSOCIATES INC. REFLECTING TOMORROW PLANNERS ARCHITECTS ENGINEERS SURVEYORS 1208 Corporate Circle Roanoke, Virginia 24018 Phone (540) 772 -9580 Introduction This traffic study is being provided to analyze the projected traffic for a proposed Holiday Inn Express hotel located at the intersection of Orange Avenue and Williamson Road in the City of Roanoke. The first request is to rezone City of Roanoke Tax Parcels 3020209, 3070909, 3041712, 3041713, 3041714, 3042223, and a portion of 3020203 (Zoning Lot of 2.104 +/- acres) from CG (Commercial General) to conditional MX -PUD (Mixed Use — Planned Unit Development) to allow for the construction of a hotel. The second request is to rezone City of Roanoke Tax Parcel 3020207 and a portion of 302023 (Zoning Lot 0.48 +/- acres) from CG (Commercial General) to CG (c) with conditions to allow for proffered conditions to be applied to the subject outparcel regarding interior cross access to the development and no future vehicular access points along Orange Avenue. This parcel would be restricted to utilized Existing Access A or B as shown on the development plan for the request. The proposed hotel will have 90 rooms and the additional pad site will be created that can accommodate approximately 3,500 s.f. of a shopping center use. The site currently consists of two motels with associated parking and utility improvements. These two motels consist of a total of 99 rooms and these buildings will be demolished as part of this project. There is currently an existing right -in, right -out entrance from Orange Avenue and a right -in, right -out entrance from Williamson Road that provide access to the site. Both entrances will be maintained as part of the proposed development. There is an existing Starbucks restaurant that accesses through the hotel property. Therefore, traffic for this site utilizes the same two entrances as the proposed project. Existing Daily and Peak Hour Traffic: 2016 VDOT published data (please see Attachment 1 Williamson Road: Orange Avenue: AADT = 11,000 AADT = 35,000 Directional Factor = 0.539 Directional Factor = 0.508 K Factor = 0.076 K Factor = 0.093 In addition to the VDOT published data, turning movement count data was provided by the City of Roanoke for each of the site entrances, as well as the intersection of Orange Avenue and Williamson Road for the AM and PM peak hours. This data is from a previous traffic study for the Starbucks project. For the purposes of this analysis, the Future Conditions (2018) with Development Traffic Volumes will be utilized, which includes turning movements for the Starbucks use. It should be noted that the previous traffic study for the Starbucks project included vehicle trips entering and exiting from a full access entrance on Williamson Road. This entrance is not located on the property and, therefore, will not be used as an access point for this project. The existing right -in, right -out entrance on Williamson Road that is located just to the south of the full access entrance will be utilized for access to this site. The left turning movements into the site that were projected in the previous traffic study will be re- distributed between the two entrances as right turns. Chart of Background Peak Hour Traffic Data Williamson Rd. 446 vph SITE (644 vph) 1 Existing Entrance B Existing Entrance A 6 vph —1 694 vph (720 20 vph) (1,456 vph) 1,127 vph Orange Ave. (1,425 von) KEY 00 vph =AM PH (00 vph) = PM PH 2 Existing and Proposed Site Generated Traffic: The trip generation calculations were based on the existing land use and the proposed land uses shown on the concept plan created by Balzer and Associates (please see Attachment 2). The policies and procedures found in the Institute of Transportation Engineers (ITE) Trip Generation Manual, 9th Edition, were employed to determine the potential site generated traffic volumes for the proposed development. Traffic volumes for the average weekday and weekday peak hours of the adjacent street traffic are provided and illustrated in the Table and Figure below, respectively. Existing Trip Generation: TRIP GENERATION LAND USE AM PEAK HR PM PEAK HOUR DAILY Proposed ITE Independent Development Code Variable Enter Exit Total Enter Exit Total Total Motel 320 99 Rooms 15 28 43 24 21 45 565 Proposed Trip Generation: TRIP GENERATION LAND USE AM PEAK HR PM PEAK HOUR DAILY Proposed ITE Independent Development Code Variable Enter Exit Total Enter Exit Total Total Hotel 310 90 Rooms 28 20 48 28 26 54 432 Specialty Retail Center 826 3,500 s.f. -- -- -- 4 5 9 155 Total 28 20 48 32 31 63 587 3 Turn -Lane & Taper Summary: For the purposes of this analysis, it was assumed that the most vehicles will access the hotel site from Williamson Road, as this is the main point of access by vehicles coming from Interstate 581. Therefore, it was assumed that 70% of vehicles will enter using this access point. The analyses to determine turn lane warrants on Orange Avenue and Williamson Road to serve the proposed development were completed by following the procedures and methodologies found in the VDOT Road Design Manual, Volume 1, Appendix F. Right -Turn Lane into Site from Orange Avenue AM Peak Hour Analysis: - 58 Vehicles per Hour Turning Right into site from Orange Avenue (Starbucks) - 8 Vehicles per Hour Turning Right into site from Orange Avenue (Hotel & Retail) - 66 Total Vehicles per Hour Turning Right into site from Orange Avenue Approach Volume = 1,694 VPH Orange Avenue -- Right Turn lane Requirement, as per VDOT Road Design Manual, Appendix C: Full -Width Turn Lane and Taper Warranted (See Attachment A). PM Peak Hour Analysis: - 16 Vehicles per Hour Turning Right into site from Orange Avenue (Starbucks) - 10 Vehicles per Hour Turning Right into site from Orange Avenue (Hotel & Retail) - 26 Total Vehicles per Hour Turning Right into site from Orange Avenue - Approach Volume = 1,456 VPH Orange Avenue -- Right Turn lane Requirement, as per VDOT Road Design Manual, Appendix C: Taper Warranted (See Attachment A). Right -Turn Lane into Site from Williamson Road AM Peak Hour Analysis: - 39 Vehicles per Hour Turning Right into site from Williamson Road (Starbucks) - 20 Vehicles per Hour Turning Right into site from Williamson Road (Hotel & Retail) - 59 Total Vehicles per Hour Turning Right into site from Williamson Road - Approach Volume = 608 VPH Williamson Road -- Right Turn lane Requirement, as per VDOT Road Design Manual, Appendix C: Taper Warranted (See Attachment B). PM Peak Hour Analysis: 49 Vehicles per Hour Turning Right into site from Williamson Road (Starbucks) 22 Vehicles per Hour Turning Right into site from Williamson Road (Hotel & Retail) 71 Total Vehicles per Hour Turning Right into site from Williamson Road Approach Volume = 720 VPH Williamson Road -- Right Turn lane Requirement, as per VDOT Road Design Manual, Appendix C: Taper Warranted (See Attachment B). Summary and Conclusion The traffic summary has been provided to analyze the background traffic regarding the existing improvements and proposed improvements with the current project. The proposed improvements do not create a significant increase in the overall traffic to the site when compared to the existing motel and coffee shop uses, including the additional proposed outparcel (Retail) along Orange Avenue. The two existing access points on Williamson Road and Orange Avenue based on existing conditions and current VDOT regulations warrant the noted tapers and turn lane. However, the two existing shared entrances are proposed to remain in place and continue to function as they do today and provide adequate access for patrons utilizing the property. This development continues to minimize the curb cuts along Williamson and Orange Avenue by having three different parcels and potential users accessing the public right of way through two right in — right out access points. 1 1 0 O x W a W W J U AM -66 W W z D r r x x PM -26 m ATTACHMENT A - ORANGE AVENUE F-98 PM - 1,456 PHV APPROACH TOTAL, VEHICLES PER HOUR Appropriate Radius required at all Intersections and Entrances (Commercial or Private). LEGEND PHV- - Peak Hour Volume (also Design Hourly Volume equivalent) Adjustment for Riaht Turns If PHV is not known use formula: PHV = ADT x K x D K = the percent of AADT occurring in the peak hour D = the percent of traffic in the peak direction of flow Note: An average of 11 % for K x D will suffice. When right turn facilities are warranted, see Figure 3 -1 for design criteria. FIGURE 3 -27 WARRANTS FOR RIGHT TURN TREATMENT (4 -LANE HIGHWAY) Rev. 1/15 [-1 PM -71 AM - 59 0 O x ¢ w a w J U_ 2 W > z z x w x a ATTACHMENT B - WILLIAMSON ROAD F-98 PHV APPROACH TOTAL, VEHICLES PER HOUR Lb1 Appropriate Radius required at all Intersections and Entrances (Commercial or Private). LEGEND PHV -- Peak Hour Volume (also Design Hourly Volume equivalent) Adjustment for Riaht Turns If PHV is not known use formula: PHV = ADT x K x D K = the percent of AADT occurring in the peak hour D = the percent of traffic in the peak direction of flow Note: An average of 11 % for K x D will suffice. When right turn facilities are warranted, see Figure 3 -1 for design criteria. FIGURE 3 -27 WARRANTS FOR RIGHT TURN TREATMENT (4 -LANE HIGHWAY) Rev. 1/15 ZONING DISTRICT MAP 536 Orange Ave NE, 0 Orange Ave NE, ==zE; 0 Williamson Rd NE, 0 Short St NW, R -Y. Res Single For- ly 0 Louisiana Ave NE, 0 Louisiana Ave NE, t, 0 Louisiana Ave NE, 0 Louisiana Ave NE °` li: Official Tax Parcels: 3020203, 3020207, ;w -ic+-'""' 3020209,3070909,3041712;3041713, RM -1 Res Mixed Densty 3041714, and 3042223, respectively ® Area to be .4emned - Zoning AD'. Airport Dev 4Z, CG. Comrnercial8eneal p C GI S'. CommerciaH arse Sile A GN. OOntmer,n I- Neighborhood ti D D Downtown Z AVE 1 -1 Light Industrial cil, EP 1 -2 Heavy Industrial �ROS Reaeatonand Open Spax I� IN Institutional r7 INFUD. InstuuLOnal Flamed U Uev IPUD. Industrial Planned Urnt Uev - MX'. Mixed Use r7 MXFUD Mixed Use Planned Und Uev R -12: Res Smgle- Family x R -3. R s Single Far, IY R -5'. Res Single -Fam!1, = ==zE; R -Y. Res Single For- ly - _ -- - -- - RA. Res- AgtICUlWfal RM -1 Res Mixed Densty 4• RM 2'. Res Mixed Density 4Z, RMF Res M 111tamily v �ROS Reaeatonand Open Spax 3 UF. Urban Sex conar nalZen;ng x '�. . 0 50 100 Feet T+x• ... >3v r-rTr� i 1_1 ght Induatiial pOCAHONTAS AVE — — — — — — — — — - I.1 (c): Light Industrial Conditional 111111111111111111111110rd#3788ZjQ90407A ORANGE AVE I Adjoining Property Owners for 536 Orange Avenue, N.E. (Official Tax Map Nos. 3020209, 3070909, 3041712, 3041713, 3041714, & portion of 3020203 TAXID MailAddress MailCity State Zip I LocalAddress LocalCity Zip Ownerl 3020201 57006TH AVE ALTOONA PA 16602 11212 WILLIAMSON RD NE ROANOKE 24012 TAMERA LLC 3020203 815 GAINSBORO RD ROANOKE VA 24016 536 ORANGE AVE NE ROANOKE 24012 STAR CITY LODGING LLC 3020203 815 GAINSBORO RD ROANOKE VA 24016 536 ORANGE AVE NE ROANOKE 24012 STAR CITY LODGING LLC 3020204 PO BOX 1451 ROANOKE VA 24007 0 ORANGE AV NE ROANOKE CITY OF ROANOKE VIRGINIA 3020205 PO BOX 1451 ROANOKE VA 24007 0 ORANGE AV NE ROANOKE CITY OF ROANOKE VIRGINIA 3020206 1211 S WHITE CHAPEL BLVD SOUTHLAKE TX 76092 526 ORANGE AVE NE ROANOKE 24012 VRE ROANOKE LLC 3020207 815 GAINSBORO RD ROANOKE VA 24016 0 ORANGE AV NE ROANOKE STAR CITY LODGING LLC 3020209 815 GAINSBORO RD ROANOKE VA 124016 0 WILLIAMSON RD NE ROANOKE ISTAR CITY LODGING LLC 3020801 PO BOX 621 PULASKI VA 24301 525 ORANGE AVE NE ROANOKE 24016 NEW RIVER GULF INVESTMENTS 3025001 1927 FRANKLIN RD SW ROANOKE VA 24015 601 ORANGE AVE NE ROANOKE 24016 SSUNNY INVESTMENTS LLC 3025015 5712 LONGRIDGE DR ROANOKE VA 24018 535 ORANGE AVE NE ROANOKE RADHEYRADHEYKRISHNA LLC 3041712 815 GAINSBORO RD ROANOKE VA 24016 0 LOUISIANA AV NE ROANOKE STAR CITY LODGING LLC 3041713 815 GAINSBORO RD ROANOKE VA 24016 0 LOUISIANA AV NE ROANOKE STAR CITY LODGING LLC 3041714 815 GAINSBORO RD ROANOKE VA 24016 0 LOUISIANA AV NE ROANOKE STAR CITY LODGING LLC 3042201 3129 GARDEN CITY BLVD SE ROANOKE VA 24014 540 ORANGE AVE NE ROANOKE 24012 JMEM LLC 3042223 815 GAINSBORO RD ROANOKE VA 24016 0 LOUISIANA AV NE ROANOKE STAR CITY LODGING LLC 3043002 PO BOX 384 ROANOKE VA 124003 511 POCAHONTAS AVE NE ROANOKE 124012 PLANTA LLC 3070801 527 MISSIMER LN VINTON VA 24179 1403 WILLIAMSON RD NE ROANOKE 24012 DOAN TU KHA 3070802 245 OTTAWAY RD TROUTVILLE VA 24175 1409 WILLIAMSON RD NE ROANOKE 24012 FELL THERESA WAGNER 3070901 5700 6TH AVE ALTOONA PA 16602 0 CARVER AV NE ROANOKE TAMERA LLC 3070904 1325 WILLIAMSON RD ROANOKE VA 24012 1307 WILLIAMSON RD NE ROANOKE 24012 COLLINS GARY 3070906 1325 WILLIAMSON RD ROANOKE VA 24012 1325 WILLIAMSON RD NE ROANOKE 24012 COLLINS GARY 3070908 1545 PATRICK RD NE ROANOKE VA 24012 0 WILLIAMSON RD NE ROANOKE MARTIN MEDIA 3070909 815 GAINSBORO RD ROANOKE VA 24016 0 SHORT ST NW ROANOKE STAR CITY LODGING LLC The Roanoke Times Acnonnl Number Roanoke, Virginia 6011439 Affidavit of Publicatiml Datc- 1.II'rolnonN�nd IIC' peoembar 05, 2017 Hilo Ln.i l_a; IS CI Il11i Cn I h` /I If IOM 1R; VINN�IIQ 1.1;'AU11 oam ('19ory ll5nlp11 Roanoke Times Adsrpe TnIAC -t P10W017 Icyal Nnlicus PUDUC Fit AItING NO UCL Any public h,iFFI, advuttsed h 1X207L 1957.04 THIS j n S r THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU Publisher of the Roanoke Times ^y R I, (the undersigned) an authorized representative of the DFC 14 2017 R Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice PUBLIC CITY OF ROANUKE H HEARING NOTICE A was published in said newspapers on the PLANNING BUILDING B f following dates: DEVELOPMENT 11120 1210512017 The First insertion being given... II128/2017 Newspaper reference: 0000655680 Silting Rep Sworn to and subscribed before me this Tuesday, December 5, 2017 Notary P. is � ��•`'•�nDENNF'�. State of Virginia :`• �''" ��7 a.� CiLylCounty of Roanoke My Commission expire PEG ;;332664 , 1 114 THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU PUBLIC HEARING NOTICE 1 n s 1, I 1 ea.1 I 1 A ;M1ra II Ir I I I��at, ro ��u , 1 11 1 II 11 at 111 11, 11 at.l I I 1. al 1 IJ a h.. , It v .1 II 1 I1.1tl 1111 S 11a lit I, all 11 111 I In. nFn ra II l i Haa:.o I nwg I 1� Jb'ry I I ll A, . 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Sri , elv . o I Its v o l l 1 mra M1r i V : cy rl z 9 }. It a 5. b�C PUBLIC HEARING NOTICE PUBLIC HEARING NOTICE Any public hearings advertised herein will be held in the City Council Chamber, fourth floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. Any applications will be available for review in the Planning, Building, & Development office, first floor, Room 166, 215 Church Avenue, S.W., Roanoke, Virginia. The City of Roanoke Planning Commission will hold public hearings on December 11, 2017, at 1:30 p.m., or as soon as the matters may be heard, to consider these applications: Application by Star City Lodging, LLC, to rezone property located at 536 Orange Ave NE, 0 Orange Ave NE, 0 Williamson Rd NE, 0 Short St NW, 0 Louisiana Ave NE, 0 Louisiana Ave NE, 0 Louisiana Ave NE, 0 Louisiana Ave NE; bearing Official Tax Parcel Numbers 3020203, 3020207, 3020209, 3070909, 3041712, 3041713, 3041714, and 3042223, respectively; from Commercial General District (CG) to Mixed Use Planned Unit Development District ( MXPUD), subject to development in substantial conformity with a MXPUD development plan revision dated November 16, 2017, and Commercial General District (CG), subject to conditions restricting vehicular access to existing access points and requiring cross access and parking agreements for the subject zoning parcel. The land use categories permitted in the MXPUD District include residential; accommodations and group living; commercial; warehousing and distribution; assembly and entertainment; public, institutional and community; transportation; utility; agricultural; and accessory, with a maximum density of one dwelling unit per 1,800 square feet of lot area. The land use categories permitted in the CG District include accommodations and group living; commercial; industrial; warehousing and distribution; assembly and entertainment; public, institutional and community; transportation; utility; agricultural; and accessory; with no maximum density specified and a maximum floor area ratio of 5.0. The comprehensive plan designates the property for small and medium scale commercial use, but does not specify density. The proposed use is a hotel with possible future commercial development. Application by the City of Roanoke to vacate a portion of Villa Heights Park and to release the public's right to use a portion of Villa Heights Park, such portion being the entirety of real Property owned by the City of Roanoke located at 2750 Hoover Street, N. W, and designated as Official Tax Map No. 2430601. A request by the City of Roanoke to consider an amendment to Vision 1001 -2010, the City's comprehensive plan, to replace the Outlook Roanoke Update adopted in 2002 with the new Downtown Plan 2017. The downtown plan will recommend policies and actions aimed at building on the current success of downtown and aiding in its continued revitalization mid growth over the next 20 years. The plan is structured around six themes: 1) Build on Strengths: Use the historic, architectural, and locational strengths of downtown to build a base for future growth by supporting historic renovation, protecting historic resources, marketing downtown's proximity to cultural and 1 natural amenities, and supporting the development of a Pedestrian Area Plan to expand the walkable urban environment of downtown; 2) Fill in the Gaps: Connect small businesses with resources, target and recruit business to occupy downtown buildings, maintain and extend the streetscape, make improvements to the Campbell Court and Market Street areas, and encourage appropriate stonnwater management; 3) Expand: To the west, support an urban flex zoning district to encourage continued growth in the area; to the south, support the creation of a strategic plan for the proposed Innovation Corridor; and to the north, support development projects that serve and provide transition to the neighborhoods; 4) Enhance Public Space: Make minor additions and expansions of downtown parks to provide additional park space, reputpose right of way along Jefferson Street, improve mobility of downtown streets, and use art and other treatments to add vibrancy to public spaces; 5) Strengthen Connections: Improve critical street crossings to be more accommodating to pedestrians, create an Urban Loop greenway that encircles downtown and connects to the existing greenway, and support downtown wayfinding to destinations, parking, and other modes of transportation; and 6) Maintain and Market: Maintain downtown as a showcase that can be marketed regionally as a top destination. Tina M. Carr, Secretary, City Planning Commission City Council will hold public hearings on the aforesaid applications on December 18, 2017, at 7:00 p.m., or m soon as the matters may be heard. Any person with a disability requiring any special accommodation to attend or participate in the hearings should contact the City Clerk's office at (540) 853 -2541 at least five days prior to the scheduled hearings. Stephanie M. Moon Reynolds, MMC, City Clerk The City of Roanoke Board of Zoning Appeals will hold public hearings on December 13, 2017, at 1:00 p.m, or as soon as the matters may be heard, to consider these applications: Application filed by Got Soap, LLC, for property located at 313 13th Street, S.W., bearing Official Tax No. 1212715, zoned CN, Commercial Neighborhood, for a special exception Pursuant to Section 36.2 -315, Zoning, Code of the City of Roanoke (1979), as amended, to permit parking, off -site. Application by Ann Janney - Schultz for property located at 1914 Westover Avenue, S.W., bearing Official Tax Map No. 1330807, zoned RM -1, Residential — Mixed - Density District, for a special exception pursuant to Section 36,2 -311, Zoning, Code of the City of Roanoke (1979), as amended, to establish a homestay. Application by Alexander Lipine for property located at 3121 Corbieshaw Road, S.W., bearing Official Tax Map No. 1650201, zoned R -5, Residential Single - Family District, for a special exception pursuant to Section 36.2 -311, Zoning, Code of the City of Roanoke (1979), as amended, to establish a homestay. Application by Adam Thomas for property located at 1906 Cambridge Avenue, S.W., bearing Official Tax Map No. 1330108, zoned RMA, Residential — Mixed - Density District, for a special exception pursuant to Section 36.2 -311, Zoning, Code of the City of Roanoke (1979), as amended, to establish a homestay. Donna M. Payne, Acting Secretary, City Board of Zoning Appeals Please publish in newspaper on Tuesday, November 28, 2017, and Tuesday, December 5, 2017. Please bill and send affidavit of publication to: Tina M. Carr Secretary to the Planning Commission Secretary to the Board of Zoning Appeals Planning, Building & Development City of Roanoke Noel C. Taylor Municipal Building 215 Church Avenue, SW, Room 166 Roanoke, VA 24011 5401853 -1730 tina.carrr7a roanokeva gov Please send affidavit of publication to: Stephanie M. Moon Reynolds, MMC, City Clerk 215 Church Avenue, S.W., Suite 456 Noel C. Taylor Municipal Building Roanoke, Virginia 24011 -1536 540/853 -2541 Ben Crew Balzer & Associates, Inc. 1208 Corporate Circle Roanoke, Virginia 24018 Dear Mr. Crew: A public hearing has been advertised to be heard by the City Planning Commission on Monday, December 11, 2017 at 1:30 p.m., in the Council Chamber, Fourth Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., regarding a request of Star City Lodging, LLC to rezone property located at 536 Orange Avenue, N. E., 0 Orange Avenue, N. E., 0 Williamson Road, N. E., 0 Short Street, N. W., 0 Louisiana Avenue, N. E., 0 Louisiana Avenue, N. E., 0 Louisiana Avenue. N. E., 0 Louisiana Avenue, N. E., respectively. (See copy of the Public Hearing Notice attached.) Pursuant to provision of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, a public hearing also has been scheduled to be held on Monday, December 18, 2017 at 7:00 p.m. before the Roanoke City Council in the Council Chamber, pending formal action by the City Planning Commission, which may be viewed on the City's webpage, www.roanokeva cov, under "Roanoke Planning Commission News ", following its meeting on December 11. If you have questions regarding the Planning Commission public hearing, please contact Tina Carr, Secretary to the City Planning Commission at (540) 853 -1730. Questions regarding the City Council public hearing may be directed to the City Clerk's Office at (540) 853 -2541. Sincerely, Stephanie M. Moon Reynolds City Clerk Enclosure CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telcpbaae: (540)8534541 Fax: (540) 853 -1145 STEPHANIE M. MOON REYNOLDS, MMC E-inaiL dok(n}roanokeva.gov CECELIA F. MCCOV City Clerk Depute City Clerk December 6, 2017 CECELIAT. WEBB, CMC Assistant Deputy CITY Clerk Ben Crew Balzer & Associates, Inc. 1208 Corporate Circle Roanoke, Virginia 24018 Dear Mr. Crew: A public hearing has been advertised to be heard by the City Planning Commission on Monday, December 11, 2017 at 1:30 p.m., in the Council Chamber, Fourth Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., regarding a request of Star City Lodging, LLC to rezone property located at 536 Orange Avenue, N. E., 0 Orange Avenue, N. E., 0 Williamson Road, N. E., 0 Short Street, N. W., 0 Louisiana Avenue, N. E., 0 Louisiana Avenue, N. E., 0 Louisiana Avenue. N. E., 0 Louisiana Avenue, N. E., respectively. (See copy of the Public Hearing Notice attached.) Pursuant to provision of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, a public hearing also has been scheduled to be held on Monday, December 18, 2017 at 7:00 p.m. before the Roanoke City Council in the Council Chamber, pending formal action by the City Planning Commission, which may be viewed on the City's webpage, www.roanokeva cov, under "Roanoke Planning Commission News ", following its meeting on December 11. If you have questions regarding the Planning Commission public hearing, please contact Tina Carr, Secretary to the City Planning Commission at (540) 853 -1730. Questions regarding the City Council public hearing may be directed to the City Clerk's Office at (540) 853 -2541. Sincerely, Stephanie M. Moon Reynolds City Clerk Enclosure 51 � "PA l 1. STEPHANIE M. MOON REYNOLDS, MMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540)853 -2541 Fax: (540) 853 -1145 E -mail elerkaroanokeva.gov TAMERA,LLC Star City Lodging, LLC VRE ROANOKE, LLC New River Gulf Investments Ssunny Investments, LLC RADHEYRADHEYKRISHNA, LLC Ladies and Gentlemen: December 6, 2017 JMEM, LLC PLANTA, LLC TEL Kha Doan Theresia Wagner Fell Gary T. Collins Martin Media CECELIA F. MCCOY Deputy City Clerk CECELIA T. WEDS, CMC Assistant Deputy City Clerk A public hearing has been advertised to be heard by the City Planning Commission on Monday, December 11, 2017 at 1:30 p.m., in the Council Chamber, Fourth Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., regarding a request of Star City Lodging, LLC to rezone property located at 536 Orange Avenue, N. E., 0 Orange Avenue, N. E., 0 Williamson Road, N. E., 0 Short Street, N. W., 0 Louisiana Avenue, N. E., 0 Louisiana Avenue, N. E., 0 Louisiana Avenue. N. E., 0 Louisiana Avenue, N. E., respectively. (See copy of the Public Hearing Notice attached.) Pursuant to provision of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, a public hearing also has been scheduled to be held on Monday, December 18, 2017 at 7:00 p.m. before the Roanoke City Council in the Council Chamber, pending formal action by the City Planning Commission, which may be viewed on the City's webpage, www.roanokeva.cov, under "Roanoke Planning Commission News ", following its meeting on December 11. This letter is provided for your information as an interested party and /or adjoining property owner. If you have questions regarding the Planning Commission public hearing, please contact Tina Carr, Secretary to the City Planning Commission at (540) 853 -1730. Questions regarding the City Council public hearing may be directed to the City Clerk's Office at (540) 853 -2541. Sincerely, t" G�P ) �� Stephanie M. Moon Reynolds, MMC City Clerk Enclosure /)czA l -/- 07/2 iddmW Depadment of Planning, Building and Development ROA N O KE Room 188, Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 Phone: (540) 853 -1730 Fax: (540) 853 -1230 Click Here to Print Filing Date:Oct 30,2017 Submittal Number: Original Application ❑ Rezoning, Not Othervase Listed ❑ Amendment of Proffered Conditions ® Rezoning, Conditional ❑ Amendment of Planned Unit Development Plan ❑x Rezoning to Planned Unit Development ❑ Amendment of Comprehensive Sign Overlay District ❑ Establishment of Comprehensive Sign Overlay District Address. 1536 ORANGE AVENUE N.E. 1 STAR CITY LODGING, LLC- C/O DAMINI PATEL Official Tax No(s).: 3020209, 3070909, 3041712, 3041713, 3041714, AND A PORTION OF 3020203 Existing Zoning: Zoning: Zoning: Address: ❑x Without Conditions Ordinance With Conditions Nola). (If ❑ Planned Unit Development applicable): ❑ Without Conditions Proposed Z With Conditions Land Use: ❑ Planned Unit Development N�q CG, Commercial - General HOTEL MX -PUD Name: STAR CITY LODGING, LLC- C/O DAMINI PATEL Phone Number. +t (sao) 290 -toso Address: 815 GAIN580R0 ROAD ROANOKE, VA 24016 I E -mail: Dammi @JPHOSPITALITY.COm Awbons. Name: Phone Number SAME AS PROPERTYOWNER INFORMATION Address: E -mail: 4A, pµ.e. sy.s... Name: Phone Number: +1 (Sao) 397 -05a3 BALZER & ASSOCIATES, INC. C/O BEN CREW Address: 1208 CORPORATE CIRC�LE•ROANOKE, VA 24018 E -mail: BCREW @BALZER.CC �C wmrm w.x.sgnm... Department of Planning, Building and Development ROA N O K E Room 166, Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 Phone: (540) 853 -1730 Fax: (540) 853 -1230 Filing Date: Ott 30, 2017 Submittal Number: Original Application ❑ Rezoning, Not Otherwise Listed ❑x Rezoning, Conditional ❑ Rezoning to Planned Unit Development ❑ Establishment of Comprehensive Sign Overlay District Address: 10 ORANGE AVENUE N.E. Click Here to Print ❑ Amendment of Proffered Conditions ❑ Amendment of Planned Unit Development Plan ❑ Amendment of Comprehensive Sign Overlay District Official Tax No(s).: 3020207 AND A PORTION OF 3020203 Existing x❑ Without Conditions Ordinance Zoning: CG, Commercial- General ❑ With Conditions NO(s).(If ryyq ❑ Planned Unit Development applicable): Requested E] Without Conditions Proposed Zoning: CG, Commercial- General X❑ With Conditions Land Use: CGBVRIGHTUSE ❑ Planned Unit Development Name: STAR CITY LODGING, LLC -C/O DAMINI PATEL Phone Number: +1 (540) 290 -1050 Address: 815 GAINSBORO ROAD ROANOKE, VA 24016 E -mail: Damini @JPHOSPITALITY.COm Name: Phone Number: SAME AS PROPERTY OWNER INFORMATION Address: E-mail: I Nil A wmmr.�a.... Name: Phone Number: +t (540) 397 -0543 BALZER & ASSOCIATES, INC. C/O BEN CREW Address: 1208 CORPORATE CIRCLE ROANOKE, VA 24018 E -mail: BCREW @BALZER.CC ZONING AMENDMENT REQUEST NARRATIVE Stu City Lodging, LLC (owner /applicant) is requesting a two part zoning request for the subject development. The first request is to rezone City of Roanoke Tax Parcels 3020209, 3070909, 3041712, 3041713, 3041714, 3042223, and a portion of 3020203 (Zoning Parcel #1: 2.104 +/- acres) from CG (Commercial General) to conditional MX -PUD (Mixed Use — Planned Unit Development) to allow for the construction of a hotel, that is anticipated to be branded m a Holiday Inn Express & Suites. The second request is to rezone City of Roanoke Tax Parcel 3020207 and a portion of 3020203 (Zoning Parcel #2: 0.48 +/- acres) from CG (Commercial General) to CG (c) with conditions to allow for proffered conditions to be applied to the subject outparcel regarding interior cross access to the development and no future vehicular access points along Orange Avenue. This parcel would be restricted to utilized Existing Access A or B as shown on the development plan for the request. The site is currently operated as a Rodeway Motel (99 Rooms), which will be razed and the site will be redeveloped as part of the new hotel improvements. The project will remove an older motel facility and replace it with a modem hotel to serve the Roanoke Valley. The project is comprised of seven (7) parcels that will be combined via a combination plat during the site plan & plat review process. The total acreage of the subject parcels being rezoned to MXPUD is +/- 2.10 acres and the total acreage of the remaining outparcel being rezoned to CG(c) is 0.48 +/- acres. The site currently has public road frontage on Orange Avenue N.E. and Williamson Road N.E. which will be maintained with the proposed project. The adjacent properties are zoned CG — Commercial General District and I -]c — Industrial with conditions. The attached Development Plan (Exhibit A) shows the improvements proposed for the site and the proposed development regulations for the MX -PUD zoning designation. The new hotel is anticipated to have approximately 90 rooms and will be limited to 4 stories and 55' in overall height. The proposed building will include a drive -under canopy entrance area, small meeting room on the I" floor, and exterior patio area for hotel guests. Puking for guests and employees will be located on -site and the site will include two right in -right out access points to the public right of ways of Orange Avenue and Williamson Road. One outparcel (Zoning Parcel #2) will be created along Orange Avenue to allow for future development. MX -PUD development regulations have been identified on the development plan to correlate with the proposed development of the hotel site. There is an existing cross access easement with Star City Lodging, LLC and Starbucks currently in place and any improvements /future development will maintain this cross access for the proposed hotel, Starbucks, and existing outparcel along Orange Avenue. The Holiday Inn Express & Suites will be developed to meet current IHG guidelines with the current prototype included as Exhibit C as part of the zoning amendment application. Site and Building mounted signage will be provided per the City of Roanoke zoning ordinance. This project is consistent with the goals and initiatives outlined in the Vision 2001 -2020 Comprehensive Plan. According to the Comprehensive Plan in Chapter 3.3, a critical component of economic development is hotel development and attracting/retaining tourism income. With 1IPage the site being located new the Berglund Center (Roanoke Civic Center) and the Downtown core of the City, this project will be convenient for those staying in the Roanoke Valley and utilizing the amenities and other businesses in the area. The parcel is located within the southern section of the Williamson Road Area Plan, as adopted by the Roanoke City Council in 2004. The new Holiday Inn Express & Suites development meets the high priority themes by improving the design of new buildings and sites and changing land use patterns to respond to emerging commercial development patterns_ The existing land use pattern is commercial and will remain the same along the Major Arterials of Orange Avenue and Williamson Road. The future land use map identifies these parcels as Small and Medium scale commercial which fits the program and intent of the proposed hotel use. The site design also limits the commercial access points on Williamson Road and Orange Avenue for the multiple business that share the existing two commercial entrances. On behalf of Stu City Lodging, LLC we are requesting approval of this application for rezoning. This redevelopment project will provide significant enhancement to the site and provide an updated and quality hotel. It will provide for the rehabilitation of the existing motel site and will be a valuable asset for the surrounding commercial area, which will serve to further benefit the City of Roanoke. 2 Page n r H I u'1 0 o ORANGE N.E. RW,E W EX -A /g I - __r \/H ;w; & ! \/ J \ ■� � ¢ \ .§ % -Ad; \ A » % t 3 z �! 1. q-gi � )) LEGAL DESCRIPTION A, ZONING PARCEL 41 Tax Parcels 3020209, 3070909, 3041712, 3041713, 3041714, and a portion of 3020203 Beginning at a point along the Northerly right of way of Orange Avenue, N.E. at the Southeast comer of Roanoke City Tax parcel #3020206, said point being 537.42 feet West of the Northwesterly point of intersection with Orange Avenue, N.E. and Plantation Road, N.E.; thence N 02 °53'24" E a distance of 175.00 feet to a point; thence N 87 °06'36" W a distance of 148.39 feet to a point; thence S 01 028'30" W a distance of 25.02 feet to a point; thence N 86 °36'30" W a distance of 50.00 feet to a point; thence S 01028'30" W a distance of 21.09 feet to a point; thence N 84 010'30" W a distance of 108.16 feet to a point; thence N 21 009'48" E a distance of 12.00 feet to a point; thence N 68050'12" W a distance of 5.00 feet to a point; thence N 21 °0948" E a distance of 74.79 feet to a point; thence S 87 °12'35" E a distance of 162.18 feet to a point; thence N 17 038'25" E a distance of 301.10 feet to a point; thence S 79'11'35" E a distance of 130.73 feet to a point; thence S 16 °39'39" W a distance of 56.09 feet to a point; thence S 86 °08'13" E a distance of 84.64 feet to a point; thence S 03 °51'47" W a distance of 182.54 feet to a point; thence N 86 °08'13" W a distance of 10.49 feet to a point; thence S 0l'2 1'49" W a distance of 104.10 feet to a point; thence N 87 006'36" W a distance of 139.40 feet to a point; thence S 02 °53'24" W a distance of 150.00 feet to a point; thence N 87 °06'36" W a distance o£6.58 feet to a point; which is the point and place of beginning, containing 2.1039 Acres (91,644 square feet). LEGAL DESCRIPTION Be ZONING PARCEL #2 Tax Parcels 3020207 and a portion of 3020203 Commencing at a point along the Northerly right of way of Orange Avenue, N.E. at the Southeast comer of Roanoke City Tax parcel #3020206, said point being 537.42 feet West of the Northwesterly point of intersection with Orange Avenue, N.E. and Plantation Road, N.E.; thence S 87 006'36" E a distance of 6.58 feet to the point of beginning; thence N 02 °53'24" E a distance of 150.00 feet to a point; thence S 87 °06'36" E a distance of 139.40 feet to a point; thence S 01 °21'49" W a distance of 150.05 feet to a point; thence N 87 °06'36" W a distance of 143.40 feet to a point; which is the point and place of beginning, containing 0.4869 Acres (21,210 square feet). EXHIBIT C - EXTERIOR HOTEL PERSPECTIVE DAJ4 9 Star City Lodging, LLC SHOrwpeAVenrr,NR ROmoke CM. ViRinie 031'/WfiWertYmivp, 30IXmbr 30 r�n�rnrnvrnn RIGHT c EXTERIOR ELEVATION LEFT EXTERIOR ATION F �w c i ZONING AMENDMENT PROFFERED CONDITION: ZONING PARCEL #1 The applicant hereby agrees to proffer the following condition as they apply to the 2.104 Acre +/- Tax Parcels 3020209, 3070909, 3041712, 3041713, 3041714, 3042223, and a portion of 3020203 being rezoned from CG TO MXPUD. 1. The property will be developed in substantial conformance with the development plan, prepared by Balzer and Associates Inc., dated October 30, 2017 and attached hereto as Exhibit A, "Development Plan ", subject to those changes which may be required by the City of Roanoke during comprehensive development plan review. ZONING PARCEL #2 The applicant hereby agrees to proffer the following condition as they apply to the 0.48 Acre +/- Tax Parcel 3020207 and a portion of 3020203 being rezoned from CG TO CG with Conditions. 1. No vehicular access shall be permitted from the Orange Avenue right of way. Access shall be from the shared entrance on the western portion of the property. Access indicated as "Existing Access A" as shown on the plan titled " Holiday Inn Express — Development Plan' dated 10/30/2017 prepared by Balzer and Associates. 2. A cross access easement shall be granted for the subject zoning parcel to allow vehicular and pedestrian cross access within the applicable drive aisles to Existing Access A. ZONING DISTRICT MAP 536 Orange Ave NE, 0 Orange Ave NE, RM 2 Res Mixed Density 0 Williamson Rd NE, 0 Short St NW, 0 Louisiana Ave NE, 0 Louisiana Ave NE, a 0 Louisiana Ave NE, 0 Louisiana Ave NE Official Tax Parcels: 3020203, 3020207, 3020209 ,3070909,3041712,3041713, at,.n and ROS. RecreaCOn and Open Spat¢ 3041714, and 3042223, respectively ... ®Area se be Rezoned _ OF Urban Flex Zoning AD- Airpod Day "iss SO Commemlal-General O O _ GLS. Comrnercia LLarge Site C A CN: Comme,,DLNelghborhood ti _ - - - -' -- — - -- D pVE 1 -1'. Light Indusnal Gp1l4EA 1 -2. Heavy IndusMal 1 IN Institutional INPUD. Institutional PlannW Und Dev IPUD Indust, al Planned U itDev MX'. Mixed Use MXPUD Mixed Use Planned Unit Dev R -12. Rea Single Family R -3'. Res SingleFamlly R -5 Res Singe-Family`,''; R -T. Res Single-Family RA'. Res- Agricultural, Q ,. I -1: Light Industrial pOCAHONTAS AVE — — — — — — — — — - ORANGE AVE RM 1 Res Mixed Density ' RM 2 Res Mixed Density RMF. Res at,.n and ROS. RecreaCOn and Open Spat¢ 3 _ OF Urban Flex "iss 1 , Cend tienal Zoning N 1 0 50 100 Feet - t 1 / -_.. — _— _ - —_ —— CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Roam 456 Roanoke, Virginia 24011 -1536 Telephone: (540)853 -2541 Fax: (540)853 -1145 STEPHANIE M. MOON REYNOLDS, MMC E -mail elerk/µrpanp key..,., CECELIA F. MCCOY City Clerk Deputy City Clerk CECELIA T. WERR, CMC Assistant Deputy City Clerk January 2, 2018 REVISED Robert S. Cowell, Jr. City Manager Roanoke, Virginia Dear Mr. Cowell: I am attaching copy of Ordinance No. 41 02 5- 1 21 81 7 vacating a portion of Villa Heights Park as a public park for recreational and open space uses and releasing the public's right to use a portion of Villa Heights Park; authorizing the City Manager to execute documents and to take any and all actions necessary to effect City Council's intent as evidenced by the adoption of this Ordinance. The abovementioned measure was adopted by the Council of the City of Roanoke at its regular meeting held on Monday, December 18 2017 not October 16, 2017; and is in full force and effect on and after December 31, 2017. Sincerely, Stephanie M. Moon Reynolds, MMC City Clerk PC: Melki Properties LLC, 5509 Coleman Road, S. W., Roanoke, Virginia 24018 Welcome Home Properties VA II LLC, 1743 Innsbrooke Drive, Salem, Virginia 24153 Albert C. and Cynthia V. Brown, 1055 Forest Park Boulevard, N. W., Roanoke, Virginia 24017 Calvin E. and Jerry A. Childress, 1037 Forest Park Boulevard, N. W., Roanoke, Virginia 24017 Agnes H. Hicks, 1106 Crescent Street, N. W., Roanoke, Virginia 24017 Thien M. Tran, 1024 Crescent Street, N. W., Roanoke, Virginia 24017 CFR BEC LLC, 11124 Kingston Pike #119 -242, Knoxville, Tennessee 37934 Robert S. Cowell, Jr. December 19, 2017 Page 2 pc: James Beverly Keeling, 2202 Ranch Road, N. W., Roanoke, Virginia 24017 Kevin T. Hill, 2123 Orange Avenue, N. W., Roanoke, Virginia 24017 James B. and Dolores G. Keeling, 2202 Ranch Road, N. W., Roanoke, Virginia 24017 Barbara A. Saunders - Adams, 289 Summit Avenue, Hachesack, New Jersey 07601 Donte L. Campbell, 1034 Crescent Street, N. W., Roanoke, Virginia 24017 Lucy Belle and William Green, 1018 Crescent Street, N. W., Roanoke, Virginia 24017 Anita L. Ford, 2730 Clifton Avenue, N. W., Roanoke, Virginia 24017 Tommy Nguyen, 5007 Meadow Crossing Lane, N. W., Roanoke, Virginia 24019 Sandra H. Pinnock, 2571 Alder Street, N. W., Roanoke, Virginia 24017 Glenna Hairston, 1039 Forest Park Boulevard, N.W., Roanoke, Virginia 24017 Beatrice Johnson - Life Estate, 1114 Crescent Street, N. W., Roanoke, Virginia 24017 Roy W. Basham, 1030 Crescent Street, N. W., Roanoke, Virginia 24017 Vincent A. Board, 3808 Sioux Ridge Road, N. W., Roanoke, Virginia 24017 Daniel J. Callaghan, City Attorney Wayne Bowers, Director of Economic Development Michael Clark, Director, Parks and Recreation Tina Carr, Secretary, City Planning Commission Steven J. Talevi, Assistant City Attorney Luke Pugh, City Engineer Susan Lower. Director of Real Estate Valuation IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of December, 2017. No. 41025- 121817. AN ORDINANCE vacating a portion of Villa Heights Parkas a public park for recreational and open space uses and releasing the public's right to use a portion of Villa Heights Park; authorizing the City Manager to execute documents and to take any and all actions necessary to effect City Council's intent as evidenced by the adoption of this Ordinance; and dispensing with the second reading of this Ordinance by title. WHEREAS, Villa Heights Park is an open air park consisting of two parcels of City -owned real property: (i) a parcel of real property situated at 1201 Prillaman Avenue, N.W., Roanoke, Virginia, bearing Official Tax Map No. 2440715 (Ball Field Parcel); and (ii) a parcel of real property situated at 2750 Hoover Street, N.W., bearing Official Tax Map No. 2430601 (Recreation Center Parcel); WHEREAS, Villa Heights Park is shown in Vision 2001 -2020, the City's Comprehension Plan, as a public park; WHEREAS, it is the intent of the City of Roanoke, Virginia, to transfer the Recreation Center Parcel, to Restoration Housing or its permitted assignee (Buyer), pursuant to the Contract for the Purchase and Sale of Real Property between the City of Roanoke and Restoration Housing for Official Tax Map No. 2430601, which was authorized by City Council by Ordinance No. 40903- 080717, adopted on August 7, 2017, to restore and renovate the property for use as a recreation facility for children to be operated by a third party; WHEREAS, the sale of the Recreation Center Parcel to the Buyer and restoration and O- Vacation of portion of Villa Hci h6 Park (12 18.17) renovation to be made by Buyer will preclude the use of the Recreation Center Parcel portion of Villa Heights Park as a public park; WHEREAS, the City Administration has filed an application pursuant to Section 15.2 -2232 of the Code of Virginia (1950), as amended, requesting that the Recreation Center Parcel portion of Villa Heights Park be vacated and that the public's right to use the Recreation Center Parcel portion of Villa Heights Park be released; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by Section 15.2 -2204 of the Code of Virginia (1950), as amended, and after conducting a public hearing on the matter, has made its recommendation to City Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on December 19, 2017, alter due and timely notice thereof as required by Section 15.2 -2204 of the Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the application; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to City Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience and general welfare, require the vacation of the Recreation Center Parcel portion of Villa Heights Park and the release of the public's right to use the Recreation Center Parcel portion of Villa Heights Park, and for those reasons, is of the opinion that the hereinafter described application should be granted. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: The portion of Villa I [eights Park, designated as Official Tax Map No. 2430601, and known as 2750 Hoover Street, N. W, Roanoke, Virginia, and described herein as the Recreation 0 Va.wt of,nm. of Villa He,,hN Park(12.IA. 17) Center Parcel, is vacated as a public park for recreational and open space uses. The public's right to use the portion of Villa Heights Park, designated as Official Tax Map No. 2430601, and known as 2750 Hoover Street, N.W., Roanoke, Virginia, as described herein as the Recreation Center Parcel, is released. 3. The City Manager is authorized to execute any and all documents, the form of all of such documents to be approved by the City Attorney, and to take any other actions consistent with the intent of City Council to vacate the Recreation Center Parcel portion of Villa Heights Park and release the rights of the public to use the Recreation Center Parcel portion of Villa Heights Park as evidenced by the adoption of this Ordinance. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. ATTEST: City Clerk. �-✓ � 0-Vacation or portion of Villa Heights Park ([2.18.17) CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: December 18, 2017 Subject: Application by the City of Roanoke to vacate a portion of Villa Heights Park and to release the public's right to use a portion of Villa Heights Park, such portion being located at 2750 Hoover Street, N.W., and designated in its entirety as Official Tax Map No 2430601. Recommendation The Planning Commission held a public hearing on Monday, December 11, 2017. By a vote of 6 - 0 the Commission recommended approval of the request, finding that the Application for vacation of and release of the public's right to use a portion of Villa Heights Park, such portion being the entirety of real property owned by the City of Roanoke located at 2750 Hoover Street, N.W., and designated as Official Tax Map No. 2430601, is a reasonable request. The existing historic building located at 2750 Hoover Street, N.W. was built around 1830 as a 5,036 square foot early Classical Revival house and was home to the McClanahan family on land once owned by William McClanahan, one of the first settlers in the area. The property passed through many families before the City of Roanoke acquired the property from the Bateman family in 1958. Through the subsequent years, the city used the property primarily as a recreation center. In 2007 -2008, the recreation center was closed due to resource constraints, and has been vacant since that time. The property was badly damaged by a fire in 2011 and, until recently, has been open to the weather. For many years, the City sought a prospective owner to restore the building as the property was no longer used, but of historic value to the community. On August 7, 2017, City Council authorized a contract for the Purchase and Sale of the property at 2750 Hoover Street, N.W., for the restoration and renovation for use as a recreation facility for children operated by a third party local non - profit organization. Planning Commission Public Hearing (December 11 2017): Anita Ford, 2730 Clifton Street, N.W., questioned whether the neighborhood children and groups would be able to continue using the facility. Isabel Thorton, Restoration Housing, responded that they would be amenable to public use, but would need the tenant's approval first. Kermit Hale, Chair City Planning Commission Robert S. Cowell, Jr., City Manager R. Brian Townsend, Assistant City Manager Chris Chittum, Director of Planning Building & Development Ian D. Shaw, Planning Commission Agent Daniel J. Callaghan, City Attorney Steven J. Talevi, Assistant City Attorney OFFICE °f THE CITY MANAGER RECEIVED Nuif �nYlw MUrnnMI DUrWrrrp LS Clrv,rar Avnrue.5 W IWOnr ] W POW IlmnokC Vvyrnm 31011 NOV 21 2017 R CITY OA N O K E PLANNING INNG G BUILDING & DEVELOPMENT November 21, 2017 Roanoke City Planning Commission c/o Ian Shaw, Agent of the Planning Commission Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Room 170 Roanoke, Virginia 24011 Re: Application for vacation of a portion of Villa Heights Park and to release the public's right to use a portion of Villa Heights Park on real property owned by the City of Roanoke, such real property located at 2750 Hoover Street, N.W., and designated as Official Tax Map No. 2430601. Dear Planning Commission: Villa Heights Park (Park) is an open air park which contains a currently vacant historic building previously used as a recreation center, which was closed in 2007, and which was further damaged by fire in 2011, a small playground and a softball field. The Park consists of two parcels of City -owned real property: (1) a parcel of real property situated at 1201 Prillaman Avenue, N.W., bearing Official Tax Map No. 2440715 (Ball Field Parcel); and (ii) a parcel of real property situated at 2750 Hoover Street, N.W., bearing Official Tax Map No. 2430601 (Recreation Center Parcel). The Park is shown in Vision 2001 -2020, the City's Comprehensive Plan, as a public park. For a number of years, the City has been seeking and considering proposals for the effective and beneficial use of the Recreation Center Parcel portion of the Park, and the appropriate restoration and renovation of the former / vacant recreation center situated at the Recreation Center Parcel. Upon holding the required public hearing on August 7, 2017, City Council, by adoption of Ordinance No. 40903 - 080717, authorized the execution of a Contract for the Purchase and Sale of Real Property (Contract) between the City of Roanoke and Restoration Housing (Buyer) for the Recreation Center Parcel which contains the former recreation center building and a small adjacent playground. The Ball Field Parcel portion of the Park is not included in the proposed property conveyance. The Buyer intends to restore and renovate the former recreation center building for use as a recreation facility for children operated by a third party. In accordance with Section 4 A. 4 of the Contract, Buyer has waived all conditions precedent to Buyer's performance and has notified the City of Buyer's intent to proceed with the acquisition of the Recreation Center Parcel and the restoration and renovation of such property in accordance with the Contract. A copy of the executed Contract, dated August 9, 2017, is attached to this application for the Planning Commission's information. The City Administration files this application pursuant to Section 15.2 -2232 of the Code of Virginia (1950), as amended, requesting that the Recreation Center Parcel portion of the Park (designated as Official Tax Map No. 2430601) be vacated and that the public's right to use the Recreation Center Parcel portion of the Park be released. Such action is necessary to allow the City to convey the Recreation Center Parcel pursuant to the terms and conditions of the Contract and for Renovation Housing, or its subsidiary or affiliate as permitted under the Contract, to then proceed with its intended restoration of the former recreation center building. City Council authorized the filing of this petition at its meeting on November 20, 2017. Accordingly, the City Administration respectfully requests that this matter be scheduled for the City Planning Commission's December 11, 2017 meeting, and that the City Planning Commission recommend to City Council that the portion of the Park identified herein as the Recreation Center Parcel and designated as Official Tax Map No. 2430601 be vacated as a public park and that the public's right to use the Recreation Center Parcel portion of the Park be released. A proposed ordinance for consideration by City Council is also attached to this application. Respectfully submitted, R, Jr. City Manager Attachment Cc: R. Brian Townsend, Assistant City Manager for Community Development Chris Chittum, Director of Planning, Building, and Development Tina Carr, Planning Coordinator / Secretary to the Planning Commission Daniel J. Callaghan, City Attorney Steven J. Talevi, Assistant City Attorney CONTRACT FOR PURCHASE AND SALE OF REAL PROPERTY This Contract For Purchase and Sale of Real Property (Contract) is dated August 9, 2017, by and between the CITY OF ROANOKE, VIRGINIA, a Virginia municipal corporation ( "Seller" or "City "), and RESTORATION HOUSING, a Virginia non -stock corporation ('Parent'), and its subsidiaries or affiliates that may be created to own and /or operate the Property described below (together, such subsidiaries and affiliates are "Subsidiaries" and the Parent and the Subsidiaries together, jointly and severally, are the "Buyer "). RECITALS: WHEREAS, Seller is the owner in fee simple of certain real property located at 2750 Hoover Street, N.W., Roanoke, Virginia 24017, Official Tax Map No. 2430601, known as the Villa Heights Recreation Center, containing approximately 3.4056 acres, together with all improvements thereon, as shown and described more particularly in the attached Exhibit I (`Property "); WHEREAS, Seller is desirous of selling the Property to Buyer and Buyer is desirous of acquiring such Property for intended purposes as set forth in a document entitled "Development Proposal," prepared by Restoration Housing, and dated May 11, 2017, attached hereto and incorporated herein by reference, together with such supplements, additions, and amendments that Buyer shall make prior to closing and shall be attached hereto ( "Proposid "); WHEREAS, the Building located on the Property is currently vacant and in disrepair, the Property has an assessed value of $31,000, and Seller will sell the Property to Buyer for a price less than the assessed value provided Buyer fully complies with all terns and conditions as set forth in this Contract and, if Buyer fails to comply with such terns and conditions, Buyer shall be liable to Seller for remedies set forth hereinafter or for such other remedies available to Seller as set forth in this Contract or by law; WHEREAS, the City desires that development of the Building in accordance with the Proposal ('Project ") proceed and the City has determined that the Project will promote economic development within the City and within the Roanoke Region and the Project will provide additional tax revenue, services, and employment opportunities to benefit the citizens of the City and the Roanoke Region; and WHEREAS, Buyer has requested to make certain infrastructure improvements to the Building prior to Closing to assist in the development of the Project and Seller is willing to allow Buyer to make certain infrastructure improvements in accordance with the terms of this Contract; THEREFORE, for and in consideration of the mutual covenants and conditions herein set forth in this Contract including the Recitals above, which Recitals are incorporated herein and made a part of this Contract and other good and valuable Cumran for Sale (Final 07,28 20171 consideration, the receipt and sufficiency of which is acknowledged by the parties hereto, Seller and Buyer hereby agree as follows. SECTION 1. DEFINITIONS. Unless the context otherwise specifies or requires, for the purpose of this Contract, the following terms shall have the meanings set forth in this Section, Buildin : An approximately 5,036 square foot facility currently located on the Property, in its current condition. Buyer's Proposal or Proposal: Buyer's Proposal refers to the Buyer's planned renovation of the building on the Property in which to provide a commercial development and parking spaces related to such development and being compatible with the current zoning classification of Recreation & Open Space, as set forth in a document entitled "Development Proposal," prepared by Restoration Housing, and dated May 11, 2017, a copy of which is made a part hereof and marked as Exhibit 2, together with such supplements, additions, and amendments thereto that Buyer shall make to provide additional details with respect to the Projcct. Such supplements, additions, and amendments shall be attached to this Contract prior to Closing and shall be a part of this Contract. Closing: The consummation of this Contract by Seller's delivery of a Special Warranty Deed to the Property to Buyer. Closing Date: The date provided for in Section 12 hereof for the Closing. Construction Activity: The receipt of all Permits and Approvals and the initiation of site work on the Property by Buyer. Commencement Date: The date on which Buyer certifies in writing to Seller that Buyer has commenced Construction Activity to the reasonable satisfaction of Seller, which date shall be no later than 12 months after the Closing Date. Contemplated Use: The development of the Property by Buyer for the purpose of leasing up to two tenants, Substantially Completed not later than 18 months after the Commencement Date. Days: Unless otherwise stated, this term means consecutive calendar days. Deed: The Deed shall be a special warranty deed, subject to all restrictions of record, this Contract, the Restrictive Covenant, and as set forth in the Title Commitment. The Deed shall also be subject to all obligations of Buyer under the terms of this Contract. Governmental Authority: Gavemmental Authority means the United States of America, the Commonwealth of Virginia, any other state of the United States, the City, COGI.o fnr S.Ie 6iml 07 29 10 1 b 1 any Federal, state, regional, or local body, commission, or agency having jurisdiction with respect to the construction, development, occupancy, use, and operation of the Property as contemplated in the Project. Insurance Proceeds: Insurance Proceeds means the sum of $234,000 received by Seller as the result of a fire casualty loss for damage sustained by the Building. Permits and Approvals: All permits, approvals, consents, and authorizations issued by a Governmental Authority that are required for the construction, and use of the Property as contemplated in the Project, all such permits, approvals, consents, and authorization having been finally issued and subject to no condition unacceptable to Buyer and subject to no appeal. Plans or Plan: These terns mean the design plans and /or drawings and /or other documents as approved by the City of Roanoke Department of Planning, Building and Development. Project: This tern means and includes the renovation of an approximately 5,036 square foot facility, to be developed by Buyer in accordance with the Proposal, as well as any related and /or connected work that may be required and /or done on any part of the Properly in addition to the Building, all in accordance with the tens and provisions of this Contract. Property: The real property located at 2750 Hoover Street, N.W., Roanoke, Virginia 24017, designated as Official Tax Map No. 2430601, and containing approximately 3.4056 acres, together with all improvements thereon. The Property is described as (i) "Tract A" as shown on a plat prepared by LMW, P.C., entitled "Plat of Survey Showing the Boundary Line Adjustment and Property Line Vacation by and between "Lot Acreage Forest Park" 2.5521 Acres and "Lot I to 28 Forest Hill Inc." 4.9695 Acres Both Properties Owned by the City of Roanoke and Creating Hereon Tract "A" (3.4056 Acres) Tract "B" (4.1160 Acres) and Located on Hoover, St. N.W. and in the City of Roanoke, Virginia" with a date of July 22, 2010 ( "Plat "), and (ii) being a portion of the property conveyed to Seller by deed dated August 7, 1958, from Georgia B. Bateman, widow, Ernestine A. Bateman, single, Florence C. Bateman, widow, Harry H. Bateman and Odessa Smith Bateman, his wife, Ramona Bateman Schaut and Thomas Edward Schaut, her husband, D. Cletis Richards and Raymond R. Richards, her husband, Pauline E. Diehl and Vernon Diehl, her husband, and Willis S. Bateman and Eunice B. Bateman, his wife, of record in the Clerk's Office of the Circuit Court for the City of Roanoke, Virginia, in Deed Book 1036, Page 379. The Property is more particularly described in Exhibit I attached hereto and made a part hercof. The Property is subject to all liens, encumbrances, easements, and restrictions of record. The description of the Property may be amended to reflect the description established by survey in the event that Buyer has the Property surveyed prior to Closing. Purchase Price: The sum of $1.00 to be paid by Buyer for the acquisition of the Property from Seller. Comma for Sala (F.ne107 28 20 11) 1 Restrictive Covenant: The restrictions in the Deed that require Buyer to perform all obligations of Buyer as set forth in Section 5.6 of this Contract and the rights and of Seller. Conformance: Development of the Property by Buyer in accordance with the Contemplated Use and Plans and where a final certificate of occupancy has been issued to Buyer Frain the City of Roanoke Department of Planning, Building and Development for the Building, as set forth in the Plans. Title Commitment: A commitment for title insurance in favor of Buyer for the Property to be issued by a Title Company. Title Company: Any nationally recognized title insurance company acceptable to Buyer. SECTION 2. PURCHASE AND SALE OF PROPERTY. A. Seller agrees to sell the Property to Buyer, and Buyer agrees to purchase, the Property from Seller, upon all the terms, covenants, and conditions set forth in this Contract. B. The purchase price for the Property ( "Purchase Price ") shall be One Dollar ($1.00) payable in cash or certified check from Buyer to Seller at Closing, together with the other obligations of Buyer as set forth in this Contract. SECTION J. BUYER'S RIGHT TO MAKE IMPROVEMENTS TO STABILIZE BUILDING. A. Seller agrees that Buyer shall have the right to enter and access the Property and the Building at any time after the date of this Contract, upon two (2) working days prior written notice to the Seller, in order to make improvements necessary to stabilize the Building prior to the Closing Date, B. Buyer shall: (i) be responsible for all Permits and Approvals required for the construction to stabilize the Building, if any are required, (ii) provide plans to Seller, (iii) at its sole expense, prior to entering the Property, obtain and maintain during the life of this Agreement the insurance policies as set forth in Section 17.B.6, (iv) provide indemnity to the Seller as set forth in Section 17.6.3, and (v) be responsible for any damages resulting from the activity or activities of Buyer, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives and consultants, on said Property in the exercise of the rights under this Section, C. Buyer agrees that Buyer shall be solely responsible for all expenses related to the construction required to stabilize the Building. In the event this Contract Corr a r for Salc (hoot 07 ,x8 2017) terminates before the Closing Date, for any reason, Buyer agrees that Seller will not reimburse Buyer for any of Buyer's expenses incurred to stabilize the Building. In the event that this Contract terminates prior to completion of the work approved by Seller, Buyer shall complete such work at its sole war and expense. D. Upon completion of the work to stabilize the Building, Buyer shall provide to Seller evidence that all payments to contractors and subcontractors for the design, engineering, demolition, and construction work necessary to complete stabilization the Building has been fully paid, including receipt of payment and waivers of mechanics' liens from all contractors and subcontractors. E. Buyer acknowledges and understands that there are numerous risks that Buyer may be subject to during such work including, but not limited to, the following: tripping, falls, falling objects, sharp objects, nails, dust, lead paint, asbestos, electric cords and wires, various building materials, holes in the floor, uneven or loose flooring, and other such items. Buyer further acknowledges and understands that as a result of such risks and dangers, both known and unknown, involved in such work, Buyer could suffer serious bodily injury, death, and /or property damage, including, but not limited to, physical or personal injury, disease, psychological injury, mental injury, emotional injury, death, permanent or partial disability, exposure to harmful substances, property loss and/or damages, and various other type of injuries and /or damages of any type or nature. NOTWITHSTANDING the above warnings, and with full and complete understanding of all dangers and risks the work involves, Buyer voluntarily assumes full responsibility for all risks and for any and all personal and bodily injuries, death, property damages and any other injuries or damages of any type that may happen to Buyer from Buyer's participation in the work, and Buyer assumes all risks inherent to this work. SECTION 4. CONDITIONS PRIOR TO CLOSING. A. I. As a condition precedent to Buyer's obligation to purchase the Property or otherwise to perform any obligations provided for in this Contract, Seller, as of the Closing, shall have complied with Sellers obligations in this Contract, Seller's representations and warranties in Section I1 of this Contract, the fulfillment to Buyer's reasonable satisfaction of Seller's delivery to Buyer on the Closing Date of title to the Property and other documents as prescribed in Section 12, Buyer shall have obtained all Permits and Approvals, and Buyer shall be satisfied with the results of its due diligence and inspections undertaken pursuant to Section 17. 2. As a condition precedent to Buyer's obligation to purchase the Property or otherwise to perform any obligations provided for in this Contract, Buyer shall have obtained final approval to use state historic rehabilitation tax credits for the Project from the Virginia Department of Historic Comrem fnr S, I. (Fi.,I 07.SX 2017 Resources. Buyer shall initiate the approval process for such tax credits no later than August 31, 2017, and Buyer shall diligently pursue approval. 3. As a condition precedent to Seller's obligation to sell the Property or otherwise to perform any obligations provided for in this Contract, Buyer, as of the Closing, shall have complied with Buyer's obligations, representations, and warranties in this Contract. 4. As a condition precedent to Seller's obligation to sell the Property or otherwise to perform any obligations provided for in this Contract and to Buyer's obligation to purchase the Property, City Council shall release Seller's right to maintain and operate Villa Heights Park at the Property (the "Council Release "). Upon completion of inspections and due diligence by Buyer as provided in Section 17 of this Contract and notification from Buyer that Buyer intends to proceed, Seller shall initiate appropriate proceedings as required by applicable laws of the Commonwealth of Virginia and ordinances of the City to request City Council to consider the release of Seller's right to operate Villa Heights Park at the Property. B. Buyer and /or Seller may, at any time on or before the Closing Date, at its respective election, waive in writing any of the other party's conditions precedent referenced in this Section 4, and Buyer's and Seller's consummation of the transaction on the Closing Date shall waive all such conditions precedent. C In the event that the Closing has not occurred through no fault of Seller and all conditions precedent to Buyer's obligations to purchase the Property have been satisfied on or before the Closing Date, Seller, by written notice given to Buyer, shall provide Buyer with a ten (10) Day cure period from the Closing Date in which to deliver the Purchase Price and proceed with Closing. If Closing has not occurred within such additional time period through no fault of Seller and all conditions precedent to Buyer's obligations to purchase the Property have been satisfied, this Contract shall automatically be terminated without any further action. In the event of any termination as set forth above, this Contract shall be deemed terminated and of no further force and effect, except with regard to Buyer's obligations pursuant to Section 3.0 of this Contract and Buyer's indemnity obligations, both of which obligations shall survive the termination of this Contract. D. Upon the request of Seller, Buyer, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives and consultants, shall within a reasonable period of time after receipt of any preliminary or final survey, test results or conclusory reports and opinion statements, deliver copies of same to Seller. If Seller so requests, Buyer shall also turn over copies of raw data obtained and any laboratory and observation reports or analyses. Such copies of all the above shall be provided to Seller without charge. Neither Buyer nor the Connect for Sale (Final 07 29_'011) provider of the report makes any representations or warranties to Seller about such reports or opinions and Seller may not rely on such information. Also, in the event all of Buyer's conditions precedent to its obligation to purchase the Property have not been satisfied by July 31, 2018, through no fault of its own, then Buyer shall have a right to terminate this Contract by written notice given to Seller. In the event of any termination as set forth above, this Contract shall be deemed terminated and of no further force and effect and Buyer shall have no liability or obligations hereunder, except with regard to Buyer's obligations pursuant to Section 3.0 of this Contract and Buyer's indemnity obligations, both of which obligations shall survive the termination of this Contract. Buyer, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives and consultants, shall at all times comply with all applicable federal, state, and local laws, rules, and regulations. Buyer, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives and consultants, prior to exercising any rights under this Section 4, shall obtain, at their cost, any and all Pennies and Approvals for such work. SECTION 5. BUYER'S AND SELLER'S OBLIGATIONS. A. Obligations at Closing. Seller's Obligations. At the Closing, Seller agrees to sell to Buyer the Property and deliver the Deed to Buyer in accordance with the terns of this Contract. Buyer's Obligations. Buyer agrees and promises that it will do and /or has done the following at Closing: (i) Buyer will purchase the Property from Seller for the Purchase Price of One Dollar ($ 1.00) and will make payment in accordance with the terns of this Contract. (ii) Buyer accepts the Property in an "AS IS" condition and acknowledges and agrees that Seller makes no representations or warranties with respect to the Property other than what is contained within this Contract. Buyer agrees that Buyer is taking the Property without any warranties or representations from Seller and that Buyer has had sufficient opportunities to fully examine the Property, and that Buyer shall comply with all environmental and other laws in developing the Property. Conlmcl for Salc (Final 0729 2U17) (iii) Buyer shall promptly pay for all advertising costs and any related fees or costs connected with this Contract and /or the sale of the Property, including, but not limited to costs for any advertisement of required public hearing(s). Such payment shall be made directly to the entity providing the advertising or other service, or to Seller, as Seller may direct. (iv) Buyer agrees that the conditions and obligations of Buyer under this Contract are conditions and obligations that shall be incorporated either directly or by reference in any deed to the Property from Seller to Buyer, shall survive Closing, and shall be binding on Buyer's successors and assigns. B. Post - Closing Performance Obligations of Buyer. Buyer acknowledges and agrees that a part of the consideration for the Seller is the Buyer's commitment to develop the Project in accordance with Buyer's Proposal and the performance of this commitment. Buyer agrees to perform each of the following obligations in accordance with the terms and conditions set forth in this Contract. Buyer will develop the Property in accordance with Buyer's Proposal and Plans. Completion of this development shall be pursued diligently and timely by Buyer and Buyer shall be solely responsible for satisfying its obligations hereunder subject to delays caused by events set out in Section 32 of this Contract. TIME SHALL BE OF THE ESSENCE WITH RESPECT TO EACH AND EVERY OBLIGATION OF BUYER HEREUNDER. 2. Buyer shall commence Construction Activity by the Commencement Date to the reasonable satisfaction of Seller. For the purposes of this Contract, "Construction Activity" shall mean: Buyer has hired a contractor or contractors to construct and complete the Project and that such contractor(s) has obtained the required building permits and licenses and is actively working on the Project and will continue to do so, subject to delays caused by events set out in Section 32 of this Contract, without interruption, until the Project is completed. Failure to meet these requirements shall be a material breach of this Contract for which Seller shall have its remedies, at law or in equity, together with its remedies as set forth in Section 16.13 hereof. 3. All design, engineering, demolition, and construction work necessary to complete the Project in accordance with Buyer's Proposal in accordance with the Plans shall be Substantially Completed by 18 months after the Commencement Date. In the event that Buyer fails to Substantially Complete the Project in accordance with this Section, Buyer shall be in Contmet for Sale ffinal atla ?D171 material breach of this Contract for which Seller shall have its remedies, at law or in equity, together with its remedies as set forth in Section 16.8 hereof. All payments due to contractors for the design, engineering, demolition, and construction work necessary to complete the Project in accordance with Buyer's Proposal in accordance with the Plans, except to the extent Buyer may have a bona fide claim or basis for withholding or reducing such payments, shall be paid by Buyer to all contractors and subcontractors by the later of 24 months after the Commencement Date or 3 months after the final, permanent certificate of occupancy is issued. In the event that Buyer fails to make all payments to contractors and subcontractors in accordance with this Section, Buyer shall be in material breach of this Contract for which Seller shall have its remedies, at law or in equity, together with its remedies as set forth in Section 16.0 hereof. Buyer shall file all appropriate and applicable real estate taxes, other taxes, stormwater utility fees, other fees assessed against owners of real property, and other tax fortes or notices with the City and timely pay all such taxes and fees to the City as of 24 months after the Commencement Date. In the event that Buyer fails to file tax forms or notices or timely pay such taxes and fees in accordance with this Section, Buyer shall be in material breach of this Contract for which Seller shall have its remedies, at law or in equity, together with its remedies as set forth in Section 16.0 hereof. Buyer agrees to and shall provide written progress reports (which may be by email) to the Seller's Assistant City Manager for Community Development four times a year, on the 1st day of the months of January, April, July, and October subsequent to Closing and until Substantial Completion. Such progress reports shall provide the Seller with sufficient information regarding Buyer's status as to performance of Post - Closing activities to meet the terms of this Contract and to alert Seller to any issues, problems, or delays that Buyer has encountered or anticipates Buyer may encounter. Buyer acknowledges and agrees that Buyer shall not sell, transfer, or otherwise dispose of the Property, any portion of the Property, or any interest in the Property, other than a deed of trust or mortgage in connection with the development and construction of the Project, until the Property has been developed completely in accordance with the Proposal and subsequent Plans, and a final, permanent certificate of occupancy issued by the City of Roanoke Department of Planning, Building and Development has been granted to Buyer for the Building developed on the Property pursuant to the Plans. If Buyer conveys, transfers, or attempts to convey or transfer the Property, any portion of the Property, or any interest in the Property, such conveyance shall be deemed void, of no force or Comnwl rur S.1e(Ana1 07 28 2017, effect, and a breach of this Contract. Any deed of trust shall be expressly subordinate to the rights and remedies of Seller set forth in this Contract. Notwithstanding any of the foregoing, there shall be no restriction on Buyer transferring the Property or any interest therein at any time to any wholly owned subsidiary of Buyer, subject to the terns of this Contract. Buyer recognizes that Seller is selling the Property to Buyer at a discounted sales price. The parties acknowledge and agree that as of the date of this Contract, the assessed value of the improvements on the Property, including the Building, by the City of Roanoke's Director of Real Estate Valuation is $31,000. In the event, Buyer subdivides, sells or otherwise conveys the Property, or any interest therein, or sells or otherwise transfers any membership interest in the entity created by Parent to acquire and own the Property, excluding, however, any transfer of any membership interest in such entity in connection with the syndication of the Project for purposes of tax credits made available for the Project, at any time after the Closing Date or within ten years after issuance of the final certificate of occupancy by the City's Planning, Building and Development Department, Buyer agrees to pay to Seller Insurance Proceeds, whether or not the Property has depreciated or appreciated in value, provided that the Seller agrees that ten percent (10 %) of the Insurance Proceeds shall be forgiven by Seller each year after the issuance of the final certificate of occupancy until the Insurance Proceeds are reduced to zero. Seller acknowledges that Buyer intends to apply for the City's Real Estate Tax Partial Exemption on Rehabilitated Buildings program, as described in Roanoke City Code Sec 32- 101.20, et seq. C. Post - Closing Performance Obligations of Seller. Seller agrees to perform the following obligation in accordance with the terms and conditions set forth in this Contract: Upon Buyer (i) Substantially Completing the Project; (ii) making all payments to contractors and subcontractors in accordance with Section 5.13.4; (iii) providing evidence of payment in full to all contractors and subcontractors, including executed mechanics' lien waivers from all contractors and subcontractors; and (iv) filing tax forms or notices and timely paying such taxes and fees in accordance with Section 5.B.5, Seller agrees to pay to Buyer the Insurance Proceeds. This obligation of Seller is subject to the remedies pursuant to Sections 16.B and 16.0 of this Contract. Conimei I'or sine (rina107 28 2017) 10 D. Obligations Survive Closing. I. Buyer agrees that the conditions and obligations of Buyer under this Contract are conditions and obligations that shall be incorporated either directly or by reference in any deed to the Property from Seller to Buyer, shall survive Closing, and shall be binding on Buyer's successors and assigns. These conditions and obligations of the Buyer which survive the Closing shall run with the land Upon the written request of Buyer after satisfaction of one or more conditions or obligations by Buyer which survived the Closing, the City shall verify, satisfaction of such conditions or obligations by Buyer and, upon verification, the City shall execute and deliver to Buyer a document in which the City acknowledges the satisfaction of such conditions or obligations of the Buyer which survived the Closing. Such document shall be in a form suitable for recording in the Clerk's Office of the Circuit Court for the City of Roanoke, Virginia. The Como of the document shall be approved by the City Attorney and shall acknowledge satisfaction of only those conditions or obligations of Buyer specifically set forth in such document and shall further provide that all other conditions and obligations of Buyer (except for those previously satisfied and acknowledged by the City in writing) remain in full force and effect. If requested by Buyer, the City shall provide a separate document following the satisfaction of each condition or obligation of the Buyer hereunder. The Buyer shall be responsible for the costs of recording each such document. Z. Seller's obligation set forth in Section 5.0 shall survive the Closing, subject to strict compliance by Buyer with respect to the conditions of Section S.C. SECTION 6. COMPLIANCE WITH LAWS Buyer agrees to and shall comply with all applicable federal, state, and local laws, ordinances, and regulations, including all applicable licensing requirements. Buyer further agrees that Buyer does not, and shall not during the performance of this Contract, knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1996. Buyer acknowledges and agrees that (i) the Project is subject to all applicable ordinances, regulations and rates of each Governmental Authority having jurisdiction over the Project; and (ii) approval of this Contract by Roanoke City Council does not obligate any department or agency of the City to grant any permit or approval required by Buyer from the City to develop, construct, and operate the Project. SECTION 7. ASSIGNMENT. Buyer agrees not to assign or transfer any part of this Contract without the prior written consent of Seller, which will not be unreasonably withheld; and any such assignment shall not relieve Buyer of any of its obligations under this Contract; provided that Parent Cunl20 for Sale I final 07 .28 20171 may close the acquisition of the Property through, or transfer the Property to, a wholly owned Subsidiary without Seller's consent; provided, further, the Parent shall provide Seller notice of such assignment to a wholly owned Subsidiary ten (10) Days before such assignment is effective. The Parent and the Subsidiary shall be jointly and severally liable as Buyer. SECTION S. INDEMNITY. Buyer agrees to indemnify and hold harmless Seller and its officers, directors, and employees free and harmless for and from any and all claims, causes of action, damages or any liability of any type, including reasonable attorney's fees, on account of any claims by or any injury or damage to any persons or property caused, directly or indirectly, by any actions, omissions, or activities of Buyer or its agents, employees, contractors, subcontractors, or representatives arising out of or connected to this Contract or any performance thereunder. Buyer's indemnity obligations hereunder shall be subject to the provisions of Section 17(8)(3) of this Contract. SECTION 9. FORUM SELECTION AND CHOICE OF LAW. By virtue of entering into this Contract, Buyer agrees and submits itself to a court of competent jurisdiction, which shall be the Circuit Court or General District Court for City of Roanoke, Virginia, and further agrees this Contract is controlled by the laws of the Commonwealth of Virginia, with the exception of Virginia's conflict of law provisions which shall not apply, and that all claims, disputes and other matters shall be decided only by such court according to the laws of the Commonwealth of Virginia as aforesaid. Buyer further waives and agrees not to assert in any such action, suit or proceeding, that it is not personally subject to the jurisdiction of such courts, that the action, suit or proceeding, is brought in an inconvenient forum or that the venue of the action, suit or proceeding, is improper. SECTION 10. EASEMENTS. Buyer promises and agrees to grant and dedicate to Seller and /or the Weslem Virginia Water Authority, at any time before Substantial Completion, all reasonably necessary easements on Buyer's Property for the construction of infrastructure improvements needed for or benefiting the Property and which easements are necessary to and benefitting the development of the Project in accordance with Buyer's Proposal, including, but not limited to, storm drainage, sanitary sewers, and/or water, all at no cost to the Seller and/or the Western Virginia Water Authority, SECTION 11. COVENANTS AND WARRANTIES. A. In addition to any representations and warranties contained elsewhere in this Contract, Seller warrants and represents that Seller will, in accordance with this Contract, convey title to the Property in an AS IS condition and subject to any items of record. comra.� A, s,ir (find oz?s:an) 12 B. Seller further represents and warrants with respect to the Property that: I. Title. Seller has title to the Property subject to any restrictions of record. Seller is the sole owner of the Property. 2. Condemnation. Seller has no knowledge of any pending or threatened proceedings for condemnation or the exercise of the right of eminent domain as to any part of the Property or the limiting or denying of any right of access thereto. 3. Special Taxes. There are no special taxes or assessments relating to the Properly or any part thereof. 4. Hazardous Materials. Seller makes no warranties or representations of any type regarding hazardous materials of any type. 5. No Leases. There are no leases of the Property. 6. Access. Ingress to and egress from the Property is available and provided through Hoover Street, N.W. and Clifton Street, N.W., which border the Property. SECTION 12. TITLE AND CLOSING. A. Title to the Property shall be conveyed by Seller to Buyer by Deed subject to the following: I. Ad valorem real property taxes and stonnwater utility fees for the current year, not yet due and payable; 2. Those matters reflected on the survey, if prepared by Buyer, to which Buyer has not objected to in writing, or, in the event that Buyer does not perform a survey prior to Closing, all matters that would be revealed by an accurate ground survey of the Property; 3. Easements, encumbrances, and other restrictions of record shown on the Title Commitment, to which Buyer has not objected in writing; 4. The Restrictive Covenant; 5. Other standard exceptions contained in a Title Policy as defined in Section 12(B) below; and b. Those items and matters set forth in this Contract and that the obligations and undertakings of Buyer in this Contract shall survive Closing and be C0vMCI far Sale IFiwI OIIX 20171 13 incorporated into the Deed. All of the foregoing exceptions are herein referred to collectively as the "Conditions of Title." B. Delivery of title in accordance with the foregoing shall be evidenced by the willingness on the Closing Dale of the Title Company to issue, upon payment of its normal premium, to Buyer its A.L.T.A. (form B) Owner's Policy of Title Insurance (the "title Policy ") insuring Buyer in the amount of $260,000 in respect to the Property and that title to the Property is vested in Buyer subject only to the Conditions of Title. Buyer and Seller shall consummate and complete the Closing of this transaction no sooner than thirty (30) days but no later than sixty (60) days after satisfaction of all conditions set forth in Section 4. Buyer shall designate the specific date on which the Closing shall occur within such period set forth above at least thirty (30) business days prior to the Closing Date. Under no circumstance shall the Closing occur later than July 31, 2018, unless Seller fails to obtain the Council Release or grants further extension periods. D. The Closing shall be at 10:00 A.M. on the Closing Date in the Office of the City Attorney, or at such other location, date, and time as shall be approved by Buyer and Seller. On the Closing Date, Seller shall deliver or cause to be delivered to Buyer the following documents: a) Its duly executed and acknowledged Deed conveying to Buyer the Property in accordance with the provisions of this Contract; b) A mechanic's lien affidavit executed by a representative of Seller, satisfactory to the Title Company, and to the effect that no work has been performed on the Property by Seller in the one hundred twenty -five (125) days immediately preceding the Closing Date that could result in a mechanic's lien claim, or, if such work has been performed, it has been paid for in full; C) Such evidence and documents including, without limitation, a certified copy of the ordinance adopted by Seller, as may reasonably be required by the Title Company evidencing the authority of the persons) executing the various documents on behalf of Seller in connection with its sale of the Property; d) A duly executed counterpart of a Closing Statement; and C) Any other items required to be delivered pursuant to this Contract or other items reasonably required by the Title Company and that Cove «, m, Sai. IF. md 07.28 zmii 14 do not include the payment of money, indemnity, or assumption of any liability or obligation. E. At Closing, real properly taxes (if any), and slormwater utility fees shall be prorated with Buyer being responsible for all periods thereafter. P. Buyer shall pay for (i) the cost of all investigations of the Properly including but not limited to examination of title and title insurance premiums for issuance of the Title Policy; (it) all attorney's fees and expenses incurred by legal counsel to Buyer; and (iii) any Grantee's tax and recording costs required to be paid in connection with the recording of the Deed. G. Seller shall pay the Grantor's tax, if any, and the expenses of legal counsel for Seller, if any. H. Exclusive possession of the Property shall be delivered to Buyer on the Closing Date, subject to the provisions of this Contract. SECTION 13. CONDEMNATION. Seller has no actual knowledge of any pending or threatened condemnation of the Property. However, if, after the date hereof and prior to the Closing Date, all or any part of Property is subjected to a bona fide threat of condemnation or condemned or taken by a body having the power of eminent domain or a transfer in lieu of condemnation, Buyer shall be promptly notified thereof in writing and within twenty (20) days after receipt of written notice to Buyer, Buyer may by written notice to Seller elect to cancel this Contract prior to the Closing Date, in which event all parties shall be relieved and released of and from any further duties, obligations, rights, or liabilities hereunder, and thereupon this Contract shall be deemed terminated and of no further force and effect, If no such election is made by Buyer to cancel this Contract, this Contract shall remain in full force and effect and the purchase contemplated herein, less any interest taken by condemnation or eminent domain, shall be effected with no further adjustments, and upon the Closing Date, Seller shall assign, transfer, and set over to Buyer all of the right, title, and interest of Seller in and to any awards that have been or that may thereafter be made for any such taking or takings. SECTION 14. RISK OF LOSS. Risk of Loss by fire or other casualty shall be upon Seller until Closing is completed, except if such loss is the result of acts or omissions of Buyer or Buyer's employees, agents, contractors, or representatives, in which case such loss shall be Buyer's responsibility. Provided, however, if the Property is substantially damaged or destroyed before Closing by such casualty, then either party may cancel this Contract by giving the other party thirty (30) days written notice of such cancellation and neither party will have any further obligations to the other (except for Buyer's indemnity obligations and Cummn rursaen-107 2e:20171 15 Buyer's obligations under Section 3.C) and Seller shall not be liable to Buyer for any failure to deliver the Property to Buyer. SECTION 15. COMMISSIONS. Seller and Buyer each warrant and represent to the other that their sole contact with the other or with the Properly regarding this transaction has been directly between themselves and their employees. Seller and Buyer warrant and represent that no person or entity can properly claim a right to a commission, finder's fee, or other compensation based upon contracts or understandings between such claimant and Buyer or Seller with respect to the transaction contemplated by this Contract. Each party agrees to indemnify the other against and to hold it harmless from any claim, loss, cost, or expense, including, without limitation, attorneys' fees, resulting from any claim for a commission, finder's fee, or other compensation by any person or entity based upon a breach of the foregoing representation and warranty. SECTION 16. REMEDIES. A. In the event Buyer shall have fully performed or tendered performance of its duties and obligations hereunder, but Seller fails to perform any of its duties or responsibilities in accordance with the terns and provisions hereof, Buyer's sole and exclusive remedy shall be an equitable suit to enforce specific performance of such duties or responsibilities. Any and all other remedies otherwise available to Buyer, at law or in equity, are hereby expressly waived by the Buyer except as otherwise specifically stated in this Contract, B. Should Buyer fail to (i) commence Construction Activity by the Commencement Date, as described in Section 5.B.2 or (ii) Substantially Complete the Project by 18 months after the Commencement Date, as described in Section 5.B.3, Buyer shall forfeit its right to receive the Insurance Proceeds. C. Should Buyer fail to file lax forms or notices or timely pay such taxes and fees, as described in Section S.B.S, for a period of 15 days after specific written notice from the City of Roanoke detailing same, Buyer shall pay back to the City the City's Insurance Proceeds in the amount of $234,000. D. In addition to the remedies pursuant to Sections 16.8 and 16.0 of this Contract in the event of nonperformance of Buyer's obligations under Section 5.B.2, Section 5.B.3, Section 5.B.4, and Section 5.B.5 of this Contract, if Buyer fails to comply with any of the terms and conditions, or any of Buyer's obligations, of this Contract, Seller may enforce any and /or all remedies available to Seller under this Contract or by law, including, but not limited to termination of this Contract, and all such remedies as may be allowed by law or in equity. comma fu, 5.1, in.]01282nm 16 SECTION 17. RIGHT OF ENTRY AND INSPECTION PERIOD A. Buyer shall have ninety (90) Days beginning March 31, 2018, or 90 Days beginning upon the approval of Buyer's historic rehabilitation tax credits Part 1 Nomination by the Virginia Department of Historic Resources Review Board, whichever date is earlier, to complete Buyer's due diligence review of the Property (the "Inspection Period ") to determine if there are any issues that would prevent the Buyer's use of the Property. Should Buyer determine during such Inspection Period that it is not satisfied with the Property or any characteristics thereof for any reason whatsoever, in Buyer's sole and absolute discretion, Buyer may terminate this Contract by notifying the Seller in writing as soon as possible, but no later than ten (10) Days after the end of such Inspection Period, of Buyer's decision to terminate the Contract. In such case, this Contract shall thereupon be terminated and of no further force and effect, unless Seller and Buyer mutually agree to modify this Contract to address any such issues. B. In connection with the Buyer's ability to conduct its due diligence review mentioned above the Seller hereby grants to Buyer, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives, and consultants, a revocable right to enter upon the Property at any time during the Inspection Period, upon two (2) working days prior written notice to the Seller, in order to survey, make test borings, and carry out such other examinations, exploratory work, or settings as may be necessary to complete Phase 1 and Phase II Environmental Assessments, or geetechnical assessments, or nondestructive engineering evaluations of the Property, and to store Buyer's property and equipment, upon the following terms and conditions: I. If the Buyer exceeds its rights granted under this Section or fails to obtain and maintain the insurance required by this Section 17, the Seller may immediately revoke this right of entry. Buyer agrees to be responsible for any and all damages resulting from the activity or activities of Buyer, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives and consultants, on the Property in the exercise of the rights granted under this Section. Buyer shall, at its sole cost, promptly and fully restore any land disturbed by the exercise of the rights under this Section to a condition equal to that existing immediately prior to entry on the Property if Buyer does not purchase the Property. Buyer agrees and binds itself and its successors and assigns to indemnify, keep and hold the Seller and its officers, agents, employees, volunteers, and representatives free and harmless from any and all liability, claims, causes of action, costs and damages of any type, including reasonable attorney's fees, on account of any injury or damage of any type to any person or property caused, Comma m, sale trim, 07. xs x017, 17 directly or indirectly, by any act or omission of Buyer, its employees, agents, volunteers, contractors, subcontractors, licensees, designees, representatives and consultants, in connection with this right of entry, including, but not limited lo, Buyer's use of the Property in violation of any provision of this Contract, claims relating to the storage of property by Buyer on the Property, or the exercise of any right or privilege granted by or under this Section 17. In the event that any suit or proceeding shall be brought against the Seller or any of its officers, employees, agents, volunteers, or representatives, at law or in equity, either independently or jointly with Buyer, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives and consultants, on account thereof, Buyer, upon notice given to it by the Seller or any of its officers, employees, agents, volunteers or representatives will pay all costs of defending the Seller or any of its officers, employees, agents, volunteers or representatives in any such action or other proceeding. In the event of any settlement or any final judgment being awarded against the Seller or any of its officers, employees, agents, volunteers or representatives, either independently or jointly with Buyer, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives and consultants, then Buyer will pay such settlement or judgment in full or will comply with such order or decree, pay all costs and expenses of whatsoever nature, including reasonable attorney's fees, and hold the Seller or any of its officers, employees, agents, volunteers or representatives harmless therefrom. Buyer's indemnity obligations hereunder are conditioned upon the indemnified party: (i) promptly notifying Buyer of any claim in writing; (ii) cooperating with Buyer in the defense of the claim; and (iii) granting Buyer sole control of defense or settlement of the claim at the sole cost and expense of Buyer. 4. Buyer shall, within a reasonable period of time after its receipt of any preliminary or final test results or conclusory reports and opinion statements related to the physical condition of the Property, deliver or cause to be delivered copies of same to Seller. If Seller so requests, buyer shall also turn over copies of raw data obtained and any laboratory and observation reports or analyses. Said copies shall be provided to Seller without charge. Buyer shall comply with, and shall require its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives, and consultants to comply with, all applicable federal, state, and local laws, rules, and regulations. Buyer shall obtain, and shall require its officers, agents, employees, comrem r, sm,•If 1 m 28 N1V1 Is contractors, subcontractors, licensees, designees, representatives, and consultants to obtain, prior to exercising any rights under this Section 17 and any and all permits therefore at their expense. Buyer shall, at its sole expense, obtain and maintain, or have its contractors or representatives obtain and maintain, the insurance set forth below. Any required insurance shall be effective prior to the beginning of any work or other performance by Buyer under this Section 17 of this Contract. The following policies and coverages are required: (i) Commercial General Liabilitv. Commercial General Liability insurance, written on an occurrence basis, shall insure against all claims, loss, cost, damage, expense or liability from loss of life or damage or injury to persons or property arising out of Buyer's acts or omissions. The minimum limits of liability for this coverage shall be $1,000,000 per occurrence, and $2,000,000 general aggregate. (it) Contractual Liabilitv. Broad form Contractual Liability insurance shall include the indemnification obligation set forth above. (iii) Workers Compensation. Buyer represents and warrants to Seller that (a) under current laws, rules and regulations, Buyer is not required to carry Workers' Compensation insurance; and (b) no employees of Buyer will be engaged in any work under this Section 17. In the event that either circumstances changes and Buyer is required to provide Workers' Compensation insurance, Buyer shall maintain Workers' Compensation insurance covering Buyer's statutory obligation under the laws of the Commonwealth of Virginia and Employers Liability insurance shall be maintained for all its employees engaged in work under this Section 17. Minimum limits of liability for Employers Liability shall be $100,000 bodily injury by accident each occurrence; $500,000 bodily injury by disease (policy limit); and $100,000 bodily injury by disease (each employee). With respect to Workers' Compensation coverage, the insurance company shall waive rights of subrogation against the Seller, its officers, employees, agents, volunteers and representatives. (iv) Automobile Liabilitv. The minimum limit of liability for Automobile Liability Insurance shall be $1,000,000 combined single limit applicable to owned or non -owned vehicles used in the performance of any work under Section 17 of this Contract and shall be written on an occurrence basis. Coat -1 fors I Fi,u10].282017) 19 The insurance coverages and amounts set forth above may be met by an umbrella liability policy following the form of the underlying primary coverage in a minimum amount of $1,000,000. Should an umbrella liability insurance coverage policy be used, such coverage shall be accompanied by a certificate of endorsement staling that it applies to the specific policy numbers indicated for the insurance providing the coverages required by this Section, and it is further agreed that such statement shall be made a part of the certificate of insurance famished by Buyer to the Seller. All insurance shall also meet the following requirements: Buyer shall famish Seller appropriate documentation showing the type, amount, effective dates, and date of expiration of policies; certificates of insurance shall include any deductible amounts; that the City of Roanoke, its officers, employees, agents, volunteers, and representatives are named as additional insureds; where waiver of subrogation is required with respect to any policy or insurance required, such waiver shall be specified; insurance coverage shall be in a form and with an insurance company approved by Seller, which approval shall not be unreasonably withheld; and any insurance company providing coverage shall be authorized to do business in the Commonwealth of Virginia. Buyer shall provide the City's Risk Manager with not less than thirty (30) Days advance notice of cancellation or material alteration of any of the above required insurance coverage. SECTION 15. NOTICES. All notices hereunder must be in writing and shall be deemed validly given, by personal service, if sent by certified mail, return receipt requested, or by a nationally recognized overnight courier, addressed as follows (or any other address the party to be notified may have designated to the sender by like notice): If to Seller: City of Roanoke, ATTN: City Manager 364 Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 Fax No. 540- 853 -2333 With a Copy to: City of Roanoke Department of Economic Development ATTN: Economic Development Director 117 Church Avenue, S.W. Roanoke, VA 24011 Fax No. 540- 853 -1213 Corn. fo, S.ir (F—a nun tom 20 If to Buyer: Restoration Housing Attn: Isabel Thornton, Executive Director I 1 IG Main Street, Ste B Roanoke, VA 24015. Phone: (917) 887-9840 With a Copy to: Found Kemper Woods Rogers PLC 10 S. Jefferson Street, Suite 1400 Roanoke, VA 24011 Notice shall be deemed delivered upon the date of personal service, two days after deposit in the United States mail, or the day after delivery to a nationally recognized overnight courier. SECTION 19. TIME. Time is of the essence in the performance of the parties' respective obligations in this Contract. SECTION 20. SUCCESSORS AND ASSIGNS. This Contract shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. SECTION 21. COUNTERPART COPIES. This Contract may be executed in one or more counterparts, and all such counterparts so executed shall constitute one Contract binding on all of the parties hereto, notwithstanding that all of the parties are not signatories to the same counterpart. SECTION 22. CONSTRUCTION. The parties acknowledge that each party and its counsel have reviewed and revised this Contract and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Contract or any amendments or exhibits hereto. SECTION 23. SEVERABILITY AND SURVIVAL. If any term of this Contract is found to be invalid, such invalidity shall not affect the remaining terms of this Contract, which shall continue in full force and effect. The parties intend for the provisions of this Contract to be enforced to the fullest extent permitted by applicable law. Accordingly, the parties agree that if any provisions are deemed not enforceable by any court or agency of competent jurisdiction, they shall be Cmamn f r Salc IF-10l 28 20171 21 damned modified to the extent necessary to make them enforceable. ALL TERMS AND CONDITIONS OF THIS CONTRACT SHALL SURVIVE CLOSING. SECTION 24. COOPERATION. Each party agrees to cooperate with the other in a reasonable manner to carry out the intent and purpose of this Contract. SECTION 25. AUTHORITY TO SIGN. The persons who have executed this Contract on behalf of the parties represent and warrant they are duly authorized to execute this Contract on behalf of their respective entity. SECTION 26. NONWAIVER. Each party agrees that any party's waiver or failure to enforce or require performance of any term or condition of this Contract or any party's waiver of any particular breach of this Contract by any ether party extends to that instance only. Such waiver or failure is not and shall not be a waiver of any of the terms or conditions of this Contract or a waiver of any other breaches of the Contract by any party and does not bar the non - defaulting party from requiring the defaulting party to comply with all the terms and conditions of this Contract and does not bar the non - defaulting party from asserting any and all rights and/or remedies it has or might have against the defaulting party under this Contract or by law. SECTION 27. FAITH BASED ORGANIZATIONS. Pursuant to Virginia Code Section 2.2.-4343.1. be advised that the City does not discriminate against faith -based organizations. SECTION 28. CONFLICT BETWEEN PLANS AND CONTRACT TERMS. Seller and Buyer agree that the provisions of the Plans and other documents provided by Buyer to Seller are intended to be consistent with the terms of this Contract. However, if any of Buyer - supplied documents and/or the Plans are in conflict with the terms of this Contract, the parties agree that the terms of this Contract shall control, unless the parties mutually agree otherwise in a writing signed by both parties. SECTION 29. NONDISCRIMINATION. During the performance of this Contract, Buyer agrees as follows: A. Buyer will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is Comer for We (Final 07 28 2017) 22 a bona fide occupational qualification reasonably necessary to the normal operation of the Buyer. Buyer agrees to post in conspicuous places, available to employees and applicants for employment, notices Selling forth the provisions of this nondiscrimination clause. B. Buyer in all solicitations or advertisements for employees placed by or on behalf of Buyer will state that Buyer is an equal opportunity employer. C. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. D. Buyer will include the provisions of the foregoing in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. SECTION 30. DRUG -FREE WORKPLACE. During the performance of this Contract, Buyer agrees to (i) provide a drug -free workplace for Buyer's employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of Buyer that Buyer maintains a drug -free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. For the purposes of this section, "drug -free workplace" means a site for the performance of work done in connection with a specific contract awarded to a contractor, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract. SECTION 31. COMPLIANCE WITH STATE LAW FOREIGN AND DOMESTIC BUSINESSES AUTHORIZED TO TRANSACT BUSINESS IN THE COMMONWEALTH OF VIRGINIA. Buyer shall comply with the provisions of Virginia Code Section 2.2- 4311.2, as amended, which provides that a contractor organized as a stock or nonstock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership shall be authorized to transact business in the Commonwealth as a domestic or foreign business entity if so required by Title 13.1 or Title 50 or as otherwise required by law. Buyer shall not allow its existence to lapse or its certificate of authority or registration to transact business in the Cnmrwi for sale l rival 0128 tarn 23 Commonwealth, if so required under Title 13.1 or Title 50, to be revoked or cancelled at any time during the term of the Contract. Seller may void the Contract if Buyer fails to remain in compliance with the provisions of this section. SECTION 32. FORCE MAJEURE. Neither party shall be in default or otherwise liable for any delay in or failure of its perfunnance under this Contract if such delay or failure arises by any reason beyond its reasonable control, including without limitation any act of God, any acts of common enemy, the elements, earthquakes, floods, fires, epidemics, riots, stokes, failures or delay in transportation or communication, shortages of material, approval delays or any act or failure to act by the other party or such other party's employees, agents or contractors; provided, however, that lack of funds shall not be deemed to be a reason beyond a party's reasonable control. The Parties shall promptly inform and consult with each other as to any of the above causes which in their judgment may or could be the cause of a delay in the performance of this Agreement. For purposes of this Contract, any one (I) delay caused by any such occurrence shall not be deemed to last longer than four (4) months and the party claiming delay caused by any and all such occurrences shall give the other party written notice of the same within 30 days after the date such claiming party teams of or reasonably should have known of such occurrence. Notwithstanding anything else set forth above, after a total of six (6) months of delays of any type have been claimed by a party as being subject to force majeure, no further delays or claims of any type shall be claimed by such party as being subject to force majeure and /or being an excusable delay. SECTION 33. ENTIRE CONTRACT. This Contract, together with the exhibits hereto, contains all representations and the entire understanding between the parties hereto with respect to the subject matter hereof. Any prior correspondence, memoranda, or contracts are replaced in total by this Contract and the exhibits hereto. No amendment to this Contract shall be valid unless made in writing and signed by the appropriate parties. SIGNATURE PAGE TO FOLLOW Coa�rui r r sm, umm 07 8201 n 24 IN WITNESS WHEREOF, Buyer and Seller have executed this Contract by their authorized representatives. ATTEST: City Clerk \ COMMONWEALTH OF VIRGINIA CITY OF ROANOKE, to -wit: CITY OF ROANOKE, VIRGINIA r BY Shcntran M. Stovall, Acting City Manager The foregoing instrument was acknowledged before me this tO day of August, 2017, by Sherman M. Stovall, Acting City Me er or the City of Roanoke, Virginia, a Virginia Municipal Corporation, for and ph behalf of sirie1 municipal corporation. My commission expires: j�g� 31�act8 WitIMIq.Y.9GtiIII06 it COMMONWEALTH OF VIRGINIA CITY OF ROANOKE, to -wit: MCGILL RESTORATION HOUSING on behalf of itself and its subsidiaries and and affiliates that may be created to own and/or operate the Property By _� Vw� -.�w1 Isabel Thornton, Executive Director The foregoing instrument was acknowledged before me this Lay of August, 2017, by Isabel Thornton, Executive Director of Restoration Housing, a Virginia corporation, for and on behalf of Restoration Housing. My commission expires: f2� ro1 A a_aJ)U Notary EQCAROL S.FARLEV SEAL Notary Public Commoneneltnof ftinla tM C:mmlg9•E 22 Cmnma mr W, ffi „0728 2017; 25 Approved as to Fomt: 1 L�asistant City Attorney Approved as to Execution: 1-10-11 As stantIfftyAttomey Authorized by Ordinance No. yoU3-oFi T' "I Contract for Sale (Final 07 tl 30 ❑) 26 Contract for Purchase and Sale of Real Property dated August 9, 2017, by and between City of Roanoke, Virginia, and Restoration Housing. EXHIBIT 1 DESCRIPTION OF PROPERTY Roanoke Official Tax Map No. 2430601 The Property is described as (i) "Tract A" as shown on a plat prepared by LMW, P.C., entitled "Plat of Survey Showing the Boundary Line Adjustment and Property Line Vacation by and between "Lot Acreage Forest Park" 2.5521 Acres and "Lot I to 28 Forest Hill Inc." 4.9695 Acres Both Properties Owned by the City of Roanoke and Creating Hereon Tract "A!'(3.4056 Acres) Tract "B" (4.1160 Acres) and Located on Hoover, St. N.W. and in the City of Roanoke, Virginia" with a date of July 22, 2010 ( "Plat "), and (it) being a portion of the property conveyed to Seller by deed dated August 7, 1958, from Georgia B. Bateman, widow, Ernestine A. Bateman, single, Florence C. Bateman, widow, Harry H. Bateman and Odessa Smith Bateman, his wife, Ramona Bateman Schaut and Thomas Edward Schaut, her husband, D. Cletis Richards and Raymond R. Richards, her husband, Pauline E. Diehl and Vernon Diehl, her husband, and Willis S. Bateman and Eunice B. Bateman, his wife, of record in the Clerk's Office of the Circuit Court for the City of Roanoke, Virginia, in Deed Book 1036, Page 379. Com¢I rm Sak Mwl0728 417) 27 Contract for Purchase and Sale of Real Property dated August 9, 2017, by and between City of Roanokc, Virginia, and Restoration Housing. EXHIBIT 2 BUYER'S PROPOSAL � l r, s.ic(Fiml 07 28 mm 28 M RESTORATION HOUSING To: The City of Roanoke Rob Ledger, Manager of Economic Development Subject: Pmject Development of Compton- Sateman House May 11, 2017 Dear Mr. Ledger, Restoration Housing proposes the following Project Development for 2750 Hoover Street as an extensive rehabilitation effort using Historic Tex Credits and a PaMership with kcal "profits. Restoration Housing's mission is to create and assist In the development of quality affordable housing through the preservation of existing. historic buildings. We believe that reducing blight and vacancy through historic preservation results in healthier and more sustainable neighborhoods. In our review of the structure located at 2750 Hoover Street, NW, we discovered a remarkable, yet under. realized. older hone that would serve as an ideal tax credit project, both for its much needed rehabilitation work and for its historic legacy within one of Roenoke's eldest neighborhoods Our goal for this project would be to put a minimum amount of money into the acquisition of the property In order to adequately fund stabilization etoms during the due d'Ugence period. As such, we propose the lolkwing with a more detailed proposal to prooaed in the coming months: • Acqulsalon Prim from City of Roanoke: $1.00 • Stabilization Costs Provisioned by the Roanoke Valley Preservation Foundation: Approximately $5.000 • Total Projected Construction Costs after Stabilization. $888,000 We propose construction financing will be buttressed with both historic tax credit equity (approxknately $290,000) and, eventually (after completion and receipt of a COO), Insurance proceeds (approximately $234,000) from preWaee fire damage provided by the City of Roanoke. Restoration Housing also Intends to pursue grants and additional funding sources to keep the construction loan debt to a minimum. In order to be eligible to receive Hiskfic Tax Credits, the structure will need to have a Pan One Historic Tait Credit Application approved by the state and lederal government, which could take up to a year for acceptance from the National Perk Service. Other due dtigenca during this period will include applying for additional grants and funding sources, such as the City of Roahoke's Community Development Block Grant funding. pbekg on the transfer of sale on this property would be confingent on Historic eligibility for a period bl up to one year. Upon completion of due diligence, our orgenizabon would provide all construction management services and complete all Historic Tax Credk application. On completion of construction, we intend to rem the properly cut to a local n rnprolit tenant for commercial use of Me structure and the surrounding lend. 11168 Main Street, $W. Roanoke, VA 24015 • t. 540 -797 -0819 • info®rristoredohmouslrlg.org www.restorsdonhicuslnt.org Restoration Housing has "finnallon from the tenant, the Boys and Girls Club of Southwest Virginia and has Included our Memo of Understanding with the organization for a proposed 10 yew lease. Boys and Girls Club has also confirmed their funding sources and ability to afford rental payments on the property for a sustained period of eme. Restoration Housing will remain the managing partner of the structure and will provide regular malme ar ce. The property will be a separate LLC ham Restoration Housing (vdrkh to a 601 G8) and will therefore be a taxable amity. Our belief is that the City of Roanoke and the surrounding neighborhood will bendst not only from the reduction of bLWd and vacancy but also from the Increase in property value and inn addition of non -progt service providers to the area Restoration Housing Is amenable to fodelt of Insurance proceeds It we do not complete the project within 18 months of beginning construction, do not pay all contractors within 24 months, or H our orgenlza0o t Is not current on all taxes and fees awed to the city from all other owned properties. In accordance with our mission, all contraction work will be In compliance with the Secretary of the Interior's Guidelines for Historic RehaWitation and will be submitted to the Department of Historic Resources and the National Park Service for approval. This snores that The structure will not only recalve a high quality construction overhaul but it will also preserve its historic Integrity N you have any questions, please contact me directly at (540) 797 -0819 or oiy. Sincerely, JI-,,OjQ Isabel Thornton Executive Director Restoration Housing 11168 Main Street, SW. foaroke, VA 24015 • t. 540 - 7970819 • infa®restoratonhousing.ong www.rest «atonhpn6q.or8 DRAFT 11 -20 -17 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA AN ORDINANCE vacating a portion of Villa Heights Park as a public park for recreational and open space uses and releasing the public's right to use a portion of Villa Heights Park; authorizing the City Manager to execute documents and to take any and all actions necessary to effect City Council's intent as evidenced by the adoption of this Ordinance; and dispensing with the second reading of this Ordinance by title. WHEREAS, Villa Heights Park is an open air park consisting of two parcels of City -owned real property: (i) a parcel of real property situated at 1201 Prillaman Avenue, N.W., Roanoke, Virginia, bearing Official Tax Map No. 2440715 (Ball Field Parcel); and (ii) aparcel of real property situated at 2750 Hoover Street, N.W., bearing Official Tax Map No. 2430601 (Recreation Center Parcel); WHEREAS, Villa Heights Park is shown in Vision 2001 -2020, the City's Comprehension Plan, as a public park; WHEREAS, it is the intent of the City of Roanoke, Virginia, to transfer the Recreation Center Parcel, to Restoration Housing or its permitted assignee (Buyer), pursuant to the Contract for the Purchase and Sale of Real Property between the City of Roanoke and Restoration Housing for Official Tax Map No. 2430601, which was authorized by City Council by Ordinance No. 40903- 080717, adopted on August 7, 2017, to restore and renovate the property for use as a recreation facility for children to be operated by a third party; O -V.ntm of poni. of Ville He,Ns Park (12 20.17) DRAFT 11 -20 -17 WHEREAS, the sale of the Recreation Center Parcel to the Buyer and restoration and renovation to be made by Buyer will preclude the use of the Recreation Center Parcel portion of Villa Heights Park as a public park; WHEREAS, the City Administration has filed an application pursuant to Section 15.2 -2232 of the Code of Virginia (1950), as amended, requesting that the Recreation Center Parcel portion of Villa Heights Park be vacated and that the public's right to use the Recreation Center Parcel portion of Villa Heights Park be released; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by Section 15.2 -2204 of the Code of Virginia (1950), as amended, and after conducting a public hearing on the matter, has made its recommendation to City Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on December 18, 2017, after due and timely notice thereof as required by Section 15.2 -2204 of the Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the application; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to City Council bythe Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience and general welfare, require the vacation of the Recreation Center Parcel portion of Villa Heights Park and the release of the public's right to use the Recreation Center Parcel portion of Villa Heights Park, and for those reasons, is of the opinion that the hereinafter described application should be granted. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: The portion of Villa Heights Park, designated as Official Tax Map No. 2430601, and O- Vacation of portion of Villa Hnrpta Park (1220.17) DRAFT 11 -20 -17 known as 2750 Hoover Street, N.W., Roanoke, Virginia, and described herein as the Recreation Center Parcel, is vacated as a public park for recreational and open space uses. 2. The public's right to use the portion of Villa Heights Park, designated as Official Tax Map No. 2430601, and known as 2750 Hoover Street, N.W., Roanoke, Virginia, as described herein as the Recreation Center Parcel, is released. 3. The City Manager is authorized to execute any and all documents, the form of all of such documents to be approved by the City Attorney, and to take any other actions consistent with the intent of City Council to vacate the Recreation Center Parcel portion of Villa Heights Park and release the rights of the public to use the Recreation Center Parcel portion of Villa Heights Park as evidenced by the adoption of this Ordinance. 4. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. ATTEST: City Clerk. O- Vwniion o(ponion of Ville Hdghu Park (12.20.19) VICINITY MAP/ ZONING MAP EXCERPT 2750 HOOVER ST, NW Legend O Subject Property Zoning districts are labelled on the map. Dark, dashed lines and (c) designator on the zoning label indicate conditional zoning, where applicable. N 0 25 50 100 Feet 1 inch- 100 feet 24401 0 t116 45081➢:.., w 2450811 2430105 243Otxx 2 `a. iq 210715, � �y �� � �• `. ' ry HOO 'R=ReSj K, v, 2430110 } 4 2430111 and Open Space 2430114 2431202 dr 1 al 2431203 <.. N3110T tl ,`z 124312" ``. @43110 Itl _� � N31205 t 4 2431206' \ . P1207 � 04. /2181210' 2491208 N3 2430713' x.t�O 2431 ( 241 +' i 't'Fq, i ON- N30714 m 21312 , Adjoining Property Owners for 2750 Hoover Street, N.W. (Official Tax Map No. 2430601) TAXID MailAddress MailCity Zip LocalAddress LocalCity Zip Ownerl 2430506 2571 ALDER 5T NW ROANOKE VA 24017 2571 ALDER ST NW ROANOKE 24017 PINNOCK SANDRA H 2430601 PO BOX 1451 ROANOKE VA 24007 2750 HOOVER ST NW ROANOKE 24017 CITY OF ROANOKE 2431101 1055 FOREST PARK BLVD NW ROANOKE VA 24017 1055 FOREST PARK BLVD NW ROANOKE BROWN ALBERT C & CYNTHIA V 2431102 2202 RANCH RD NW ROANOKE VA 24017 1049 FOREST PARK BLVD NW ROANOKE KEELING JAMES B & DOLORES G 2431103 2202 RANCH RD NW ROANOKE VA 24017 0 FOREST PARK BV NW ROANOKE KEELING JAMES B & DOLORES G 2431104 1039 FOREST PARK BLVD NW ROANOKE VA 24017 1039 FOREST PARK BLVD NW ROANOKE HAIRSTON GLENNA 2431105 1037 FOREST PARK BLVD NW ROANOKE VA 24017 1037 FOREST PARK BLVD NW ROANOKE CHILDRESS CALVIN E & JERRY A 2431202289 SUMMIT AVE HACHESACK INJ 107601 1120 CRESCENT ST NW ROANOKE 124017 SAUNDERS -ADAMS BARBARA 2431203 1114 CRESCENT ST NW ROANOKE VA 24017 1114 CRESCENT ST NW ROANOKE 24017 JOHNSON BEATRICE - LIFE ESTATE 2431204 1114 CRESCENT ST NW ROANOKE VA 24017 0 CRESCENT ST NW ROANOKE JOHNSON BEATRICE E - LIFE ESTATE 2431205 1106 CRESCENT ST NW ROANOKE VA 24017 1106 CRESCENT ST NW ROANOKE 24017 HICKS AGNES H 2431206 1106 CRESCENT ST NW ROANOKE VA 24017 0 CRESCENT ST NW ROANOKE HICKS AGNES M 2431207 1034 CRESCENT ST NW ROANOKE VA 24017 1034 CRESCENT ST NW ROANOKE CAMPBELL DONTE L 2431208 1030 CRESCENT ST NW ROANOKE VA 24017 1030 CRESCENT ST NW ROANOKE 24017 BASHAM ROY W 2431209 1024 CRESCENT ST NW ROANOKE VA 24017 1024 CRESCENT ST NW ROANOKE 24017 TRAN THIEN M 2431210 1018 CRESCENT ST NW ROANOKE VA 24017 11018 CRESCENT ST NW ROANOKE 24017 IGREEN LUCY BELLE 24312111018 CRESCENT ST NW ROANOKE VA 24012 1014 CRESCENT ST NW ROANOKE 24017 GREEN WILLIAM ANDREW 2440715 215 CHURCH AVE SW ROANOKE VA 24017 1201 PRILLAMAN AVE NW ROANOKE CITY OF ROANOKE 2440716 3808 SIOUX RIDGE RD NW ROANOKE VA 24017 2757 HOOVER ST NW ROANOKE 24017 BOARD VINCENTA 2440717 11124 KINGSTON PIKE #119 -242 KNOXVILLE TN 37934 2755 HOOVER ST NW ROANOKE 24017 CFR BEC LLC 2440718 2730 CLIFTON AVE NW ROANOKE VA 24017 2730 CLIFTON ST NW ROANOKE 24017 FOR ANITA L 2430114 2123 ORANGE AVE ROANOKE VA 24017 0 CLIFTON ST NW ROANOKE HILL KEVIN T 2430113 1743 INNSBROOKE DR SALEM VA 24153 2721 CLIFTON ST NW ROANOKE 24017 WELCOME HOME PROPERTIES VA II LLC 2430111 5007 MEADOW CROSSING UN ROANOKE VA 24019 1210 CRESCENT ST NW ROANOKE 24017 NGUYEN TOMMY 2430110 2202 RANCH RD NW ROANOKE VA 24017 1214 CRESCENT ST NW ROANOKE 24017 KEELING JAMES BEVERLY 2430108 5509 COLEMAN RD ROANOKE VA 24018 2717 CLIFTON ST NW IROANOKE 24017 MELKI PROPERTIES LLC The Roanoke Times Roanoke, Virginia Affidavit of Publication ,II e Of lam Y)" F I'liJ /Alin line Ca'; 1'. 1111U 11U I A/[ P0111 LGUM 1n5 ouAN.'kt �'a Y4ol1 _- nalu r I •gory D•sq I ' Ad stre 11/0 512 01 / Legal N"I", PUBLIC HLARING NO WC Any nubhc hearings advrdrse11 h 1 x 201 L DEC 14 2w CITY OF ROANUKE PLANNING BUILDING 8 DEVELOPMENT Publisher of the Roanoke Times A ceount Number 60114 }9 Date __ December 05, 2017 I, (the undersigned) an authorized representative of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice PUBLIC HEARING NOTICE A was published in said newspapers on the following dates: 11128 1210512019 The First insertion being given... 11/28/2017 Newspaper reference: 0000655680 Billing Representative Sworn to and subscribed before me this Tuesday, December 5, 207 y Total COST 1,95].84 No Pu4iic C F '•. State of Virginia ``P 01::'dY City/County of Roanoke "'� � : PU'iV.0 My Commission expire � E;GO,,•; 3326154 THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU �•''' *• PUBLIC HEARING NOTICE H..,I 1 I it i2 Ilx 'Ir lun I II "I 1 In 11 �I 1 I 1 i•AI II Jli 1 16 _ 54, 1 i il e I n �nnu..l , l 6I 1 9a111 „u �� & , a t r u.nl 11 1$�I R n' "I IIG 111 Cli 1n II I 'In. I I 111 .1 Ill e .V,I, F in 1 II 1:. Utr 1v 0. •iYUirl. ¢I x IL ff f uwl I i 1 1 111 I�w 'o, j 'I, , I I O, n� I Itl n9I P� 1 t1 ^� 1 I. 111 1 1 1 11 .I lry 1 II Ilan )p ^Irvai I tI I r I t irL iaAl 1 y II 111r, ; , vel eq:....Ir �ql I 51 l I.. iIin II it lil 11 [ A �IIn n1 ,I," y.1 Ill 4dn ' tn. Oinnq,1 p. 1, p nIJ )11 `P" IIIIIIlomu I1 fill , 0 SM1... 4 PiW, 0 ldf% �� ^nrtl mall I:mN�,a+, I nI 11 ulvoill, a I �^ s le�gel Pn�l o n4l Lus,I, All of I ul,ionn ym NC. U loult. -idoa All Ill A l Ill °� itII I,rinI ln9 O3il l Ia, NumG.i. i I, II II t nntl ralrnJ In ory-. o 2"09 ......2 ]111111 ]Od3.11 ]J)RJ09 -1, I Union. 4 Y 1efn I I C, ...... IOi2pi ]LLIIIH. Bn9 t r 1 Boi I SI 1 I j 1y113E1 I'.I cl 1 n . All y T� I1, 0�,1 I -. I u ., P'. Mia l ut l Iln 111 n l y p i,` ,,Lry oo m, n j 1 Jtil 16X1112. [001. 2 . In n.r 1 1 nl otieIl111 . 1 III, '.nrttll w I I on1 6x111 o[b,1 I it inn" o 111- b' c nil ,1 l c il 11 n. 1 o, ( G 1 1 ( [., J PiM1I l ol 1nO Wn. I�u 1 W IL¢ ,y'orp.l all o I msi in ,% 9 tis. ) Y P -d( pnl1 9cf,r Sp 111 e '.1 .pr M1., f , , - iry I kn �,u re, I,ma ��. I„In. , 1 e- a ve V' "� 1 m, 61x111 1s111 y n r 9. i I:' I. ,1 Ilion' s :� nl J I: 1 a 1 D Ion. .n In i. ,ecu 1'. I 4 I '2 I . 1 1 1 c c. ow .cl � n I ill o1, 1I r 1 °" y - lo I, 1e.,., v.= 11 on lo o' ... - °'S-. 6�C PUBLIC HEARING NOTICE �) h PUBLIC HEARING NOTICE Any public hearings advertised herein will be held in the City Council Chamber, fourth floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. Any applications will be available for review in the Planning, Building, & Development office, first floor, Room 166, 215 Church Avenue, S.W., Roanoke, Virginia. The City of Roanoke Planning Commission will hold public hearings on December 11, 2017, at 1:30 p.m., or as soon as the matters may be beard, to consider these applications: Application by Star City Lodging, LLC, to rezone property located at 536 Orange Ave NE, 0 Orange Ave NE, 0 Williamson Rd NE, 0 Short St NW, 0 Louisiana Ave NE, 0 Louisiana Ave NE, 0 Louisiana Ave NE, 0 Louisiana Ave NE; bearing Official Tax Parcel Numbers 3020203, 3020207, 3020209, 3070909, 3041712, 3041713, 3041714, and 3042223, respectively; from Commercial General District (CG) to Mixed Use Planned Unit Development District (MXPUD), subject to development in substantial conformity with a MXPUD development plan revision dated November 16, 2017, and Commercial General District (CG), subject to conditions restricting vehicular access to existing access points and requiring cross access and parking agreements for the subject zoning parcel. The land use categories permitted in the MXPUD District include residential; accommodations and group living; commercial; warehousing and distribution; assembly and entertainment; public, institutional and community; transportation; utility; agricultural; and accessory, with a maximum density of one dwelling unit per 1,800 square feet of lot area. The land use categories permitted in the CG District include accommodations and group living; commercial; industrial; warehousing and distribution; assembly and entertainment; public, institutional and community; transportation; utility; agricultural; and accessory; with no maximum density specified and a maximum floor area ratio of 5.0. The comprehensive plan designates the property for small and medium scale commercial use, but does not specify density. The proposed use is a hotel with possible future commercial development. Application by the City of Roanoke to vacate a portion of Villa Heights Park and to release the public's right to use a portion of Villa Heights Park, such portion being the entirety of real property owned by the City of Roanoke located at 2750 Hoover Street, N.W., and designated as Official Tax Map No. 2430601. A request by the City of Roanoke to consider an amendment to Vision 2001 -2020, the City's comprehensive plan, to replace the Outlook Roanoke Update adopted in 2002 with the new Downtown Plan 2017. The downtown plan will recommend policies and actions aimed at building on the current success of downtown and aiding in its continued revitalization and growth over the next 20 years. The plan is structured around six themes: 1) Build on Strengths: Use the historic, architectural, and locational strengths of downtown to build a base for future growth by supporting historic renovation, protecting historic resources, marketing downtown's proximity to cultural and 1 natural amenities, and supporting the development of a Pedestrian Area Plan to expand the walkable urban environment of downtown; 2) Fill in the Gaps: Connect small businesses with resources, target and recruit business to occupy downtown buildings, maintain and extend the streetscape, make improvements to the Campbell Court and Market Street areas, and encourage appropriate stormwater management; 3) Expand: To the west, support an urban flex zoning district to encourage continued growth in the area; to the south, support the creation of a strategic plan for the proposed Innovation Corridor; and to the north, support development projects that serve and provide transition to the neighborhoods; 4) Entrance Public Space: Make minor additions and expansions of downtown parks to provide additional park space, repurpose right of way along Jefferson Street, improve mobility of downtown streets, and use art and other treatments to add vibrancy to public spaces; 5) Strengthen Connections: Improve critical street crossings to be more accommodating to pedestrians, create an Urban Loop greenway that encircles downtown and connects to the existing greenway, and support downtown wayfmding to destinations, parking, and other modes of transportation; and 6) Maintain and Market: Maintain downtown as a showcase that can be marketed regionally as a top destination. Tina M. Carr, Secretary, City Planning Commission City Council will hold public hearings on the aforesaid applications on December 18, 2017, at 7:00 p.m., or as soon as the matters may be heard. Any person with a disability requiring any special accommodation to attend or participate in the hearings should contact the City Clerk's office at (540) 853 -2541 at least five days prior to the scheduled hearings. Stephanie M. Moon Reynolds, MMC, City Clerk The City of Roanoke Board of Zoning Appeals will hold public hearings on December 13, 2017, at 1:00 p.m., or as soon as the matters may be heard, to consider these applications: Application filed by Got Soap, LLC, for property located at 313 13th Street, S.W., bearing Official Tax No. 1212715, zoned CN, Commercial Neighborhood, for a special exception pursuant to Section 36.2 -315, Zoning, Code of the City of Roanoke (1979), as amended, to permit parking, off -site. Application by Ann Janney- Schultz for property located at 1914 Westover Avenue, S.W., bearing Official Tax Map No. 1330807, zoned RM -1, Residential — Mixed - Density District, for a special exception pursuant to Section 36.2 -311, Zoning, Code of the City of Roanoke (1979), as amended, to establish a homestay. Application by Alexander Lipine for property located at 3121 Corbieshaw, Road, S.W., bearing Official Tax Map No. 1650201, zoned R -5, Residential Single-Family District, for a special exception pursuant to Section 36.2 -311, Zoning, Code of the City of Roanoke (1979), as amended, to establish a homestay. Application by Adam Thomas for property located at 1906 Cambridge Avenue, S.W., bearing Official Tax Map No. 1330108, zoned RMA, Residential — Mixed - Density District, for a special exception pursuant to Section 36.2 -311, Zoning, Code of the City of Roanoke (1979), as amended, to establish a homestay. Donna M. Payne, Acting Secretary, City Board of Zoning Appeals Please publish in newspaper on Tuesday, November 28, 2017, and Tuesday, December 5, 2017. Please bill and send affidavit of publication to: Tina M. Carr Secretary to the Planning Commission Secretary to the Board of Zoning Appeals Planning, Building & Development City of Roanoke Noel C. Taylor Municipal Building 215 Church Avenue, SW, Room 166 Roanoke, VA 24011 540/853 -1730 tina.carr dlroanokeva eov Please send affidavit of publication to: Stephanie M. Moon Reynolds, MMC, City Clerk 215 Church Avenue, S.W., Suite 456 Noel C. Taylor Municipal Building Roanoke, Virginia 24011 -1536 540/853 -2541 •fir STEPIIANIE M. MOON REYNOLDS, MMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 85}2541 Ft.: (540)859 -1145 E -mail elerkQrroanokee..gov December 6, 2017 Melki Properties LLC James Beverly Keeling Tommy Nguyen Welcome Home Properties VA II LLC Kevin T. Hill Sandra H. Pinnock Albert C. and Cynthia V. Brown James B. and Dolores G. Keeling Glenna Hairston Calvin E. and Jerry A. Childress Ladies and Gentlemen: CECELIA F. MCCOY Deputy City Clerk C E('.ELIA T. WEB&CMC Assistant Deputy City Clerk Barbara A. Saunders -Adams Beatrice Johnson - Life Estate Agnes H. Hicks Dome L. Campbell Roy W. Basham Thien M. Tran Lucy Belle Green Vincent A. Board CFR BEC LLC Anita L. Ford A public hearing has been advertised to be heard by the City Planning Commission on Monday, December 11, 2017 at 1:30 p.m., in the Council Chamber, Fourth Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., regarding a request of the City of Roanoke to vacate a portion of Villa Heights Park and to release the public's right to use a portion of Villa Heights Park, such portion being the entirety of real property owned by the City of Roanoke located at 2750 Hoover Street, N. W., and designated as Official Tax Map No. 2430601. (See copy of the Public Hearing Notice attached.) Pursuant to provision of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, a public hearing also has been scheduled to be held on Monday, December 18, 2017 at 7:00 p.m. before the Roanoke City Council in the Council Chamber, pending formal action by the City Planning Commission, which may be viewed on the City's webpage, www.roanokeva.cov, under "Roanoke Planning Commission News ", following its meeting on December 11. This letter is provided for your information as an interested party and /or adjoining property owner. If you have questions regarding the Planning Commission public hearing, please contact Tina Carr, Secretary to the City Planning Commission at (540) 853 -1730. Questions regarding the City Council public hearing may be directed to the City Clerk's Office at (540) 853 -2541. Sinc ely, �R Stephanie M. Moon Rey Ids, MM City Clerk Enclosure CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone (540)853 -2541 4aa: (540)853 -1145 STEPHANIE M. MOON REYNOLDS, MMC E -mail: elerk,srm rokeva.gov CECELIA F. MCCOV City Clerk Deputy City Clerk CECELIA T. WEHH, CMC January 2, 2018 Assistant Deputy city Clerk REVISED SENT VIA EMAIL Kermit "Kit' Hale, Chair, and Members of the City Planning Commission Roanoke, Virginia Dear Mr. Hale and Members of the City Planning Commission: I am attaching copy of Ordinance No. 41026 - 121817 approving the Downtown Roanoke 2017 Plan; replacing the Outlook Roanoke Update; and amending Vision 2001 -2020, the City's Comprehensive Plan, to include such Downtown Roanoke 2017 Plan. The abovementioned measure was adopted by the Council of the City of Roanoke at its regular meeting held on Monday, December 18 2017 not October 16, 2017; and is in full force and effect on and after December 31, 2017. Sincerely, �\ r Stephanie M. Moon Rey Ids, M City Clerk Attachment PC: Robert S. Cowell, Jr., City Manager Daniel J. Callaghan, City Attorney Ian Shaw, Agent, City Planning Commission Tina Carr, Secretary, City Planning Commission &,07 IN THE COUNCIL OF TI IF CITY OF ROANOKE, VIRGINIA The 18th day of December, 2017. No. 41026 - 121817. AN ORDINANCE approving the Downtown Roanoke 2017 Plan; replacing the Outlook Roanoke Update; and amending Vision 2001 -2020, the City's Comprehensive Plan, to include such Downtown Roanoke 2017 Plan; and dispensing with the second reading of this ordinance by title. WHEREAS, on December 11, 2017, the Downtown Roanoke 2017 Plan, (the "Plan"), was presented to the Planning Commission; WHEREAS, the Planning Commission held a public hearing on that date and recommended adoption of the Plan, as amended, and amending Vision 2001 -2020, the City's Comprehensive Plan, to include such amended Plan; and WHEREAS, in accordance with the provisions of §15.2 -2204, Code of Virginia (1950), as amended, a public hearing was held before this Council on December 18, 2017, on the proposed Plan, at which hearing all citizens so desiring were given an opportunity to be heard and to present their views on such amendment. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: That this Council hereby approves the Downtown Roanoke 2017 Plan dated December 18, 2017, and amends Vision 2001 -2020, the City's Comprehensive Plan, to include such Downtown Roanoke 2017 Plan dated December 18, 2017 as an element thereof; with the following amendments: a. On page 17 and the matrix on page 54, change "Virginia Blue Ridge" to "Virginia's Blue Ridge;" b. On page 17, change "complimented" in line 4 to "complemented;" C. On page 40, change the reference of Elmwood Park at "Franklin Road and Elm Avenue" to "Jefferson Street and Elm Avenue;" d. On page 45, change "Neighborhood's Connections" to "Neighborhoods' Connections:" and e. On page 45, change the reference to testing of parking meters to "testing has been completed and meters have been installed in three (3) sections of the downtown." 2. That the City Clerk is directed to forthwith transmit attested copies of this ordinance to the City Planning Commission. 3. Pursuant to the provisions of §12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST ,%'� ,�t `... "�dy ' �rk�,�7� Amend Vision 2001- 2020 - Downtown Roanoke 2017- amended doe CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: December 18, 2017 Subject: A request by the City of Roanoke to consider an amendment to Vision 2001 -2020, the City's comprehensive plan, to replace the Outlook Roanoke Update adopted in 2002 with the new Downtown Roanoke 2017 plan. Recommendation The Planning Commission held a public hearing on Monday, December 11 , 2017. By a vote of 6 - 0 the Commission recommended an amendment to Vision 2001 -2020, the City's comprehensive plan, to replace the Outlook Roanoke Update adopted in 2002 with the new Downtown Roanoke 2017 plan dated December 18, 2017. The downtown plan will recommend policies and actions aimed at building on the current success of downtown and aiding in its continued revitalization and growth over the next 20 years. The plan is structured around six themes: 1) Build on Strengths —Use the historic, architectural, and locational strengths of downtown to build a base for future growth; 2) Fill in the Gaps — Support efforts to support small business, maintain and extend the streetscape, make improvements to the Campbell Court and Market Street areas, and encourage appropriate stormwater management.; 3) Expand —To the west, support an urban flex zoning district to encourage continued growth in the area; to the south, support the creation of a strategic plan for the proposed Innovation Corridor; and to the north, support development projects that serve and provide transition to the neighborhoods, 4) Enhance Public Space —Make minor additions and expansions of parks downtown to provide additional park space, repurpose right of way along Jefferson Street, improve mobility of downtown streets, and use art and other treatments to add vibrancy to public spaces; 5) Strengthen Connections — Support improvements to pedestrian and bicycle connections and downtown wayfinding to destinations, parking, and other modes of transportation; and 6) Maintain and Market — Maintain downtown as a showcase that can be marketed regionally as a top destination. Background Downtown Roanoke has experienced resurgence over the last several decades. Since the fabled Design 79 revitalization effort in which an energetic public planning process jump started its revitalization, downtown has reclaimed its regional prominence as an economic, social, and cultural anchor. A cursory glance at the City's 2001 downtown plan, Outlook Roanoke Update, reveals that progress has been at a relatively rapid pace over the past fifteen years. The renovation of the Patrick Henry Hotel and numerous other historic building renovations such as the Hancock, Colonial Arms, Ponce de Leon, and Shenandoah Buildings have created new residential opportunities. Major public improvements include the renovations of Elmwood Park, Market Square, and the City Market Building. It is time to focus on the next generation of changes and decisions facing Downtown Roanoke. Downtown has seen incredible progress that benefits the entire region, but it is not without its unique challenges. While significant public and private investments have recently been made, it is important to protect and build on those investments by addressing the future of everyone's neighborhood in the Roanoke Valley— Downtown Roanoke. The Downtown Roanoke 2017 plan seeks to establish a vision for the future of downtown, which includes the downtown core and the greater downtown area. The core of downtown is loosely defined as the area extending from the Taubman Museum of Art and the City Market Building south to Elmwood Park, and from Williamson Road west over to 2nd Street. The greater downtown area includes areas to the north anchored by the Hotel Roanoke and the Roanoke Higher Education Center, to the west over to 8th Street anchored by the Jefferson Center and the new growth along Campbell and Salem, and to the south extending from Carilion Roanoke Community Hospital and the Jefferson College of Health Sciences down to the South Jefferson Redevelopment Area anchored by the Virginia Tech Carilion School of Medicine and Research Institute. The study area for the Downtown Roanoke 2017 plan incorporates the downtown core and the defined greater downtown area, identifying this combined area as Downtown Roanoke. The Downtown Roanoke 2017 plan seeks to build on Roanoke's over 100 years of planning excellence. As policies and actions are established within this plan, the plan will be complimentary to the adjacent and overlapped neighborhood plans. Considerations Public involvement is a hallmark of the City's planning initiatives. In this plan, the public's contribution was extraordinary, both in terms of quantity and quality. Realizing that downtown is everyone's neighborhood, the City made efforts to capture the opinions and impressions of a broad range of citizens, from all over the City. In 2013, a citizen Advisory Committee was created and from that group a 12 member Steering Committee was formed. The Steering Committee guided staff in the development of the plan in a hands -on manner and then reported to the larger Advisory Committee. The Advisory Committee vetted ideas and concepts before they were presented to the public. The committee members were chosen for their expertise and commitment to Downtown Roanoke, and a variety of professionals and City residents were included. While the Advisory Committee provided staff with much needed expertise and oversight, the first step of the process was soliciting input from the general public. In 2013 a survey was distributed on the internet -based Survey Monkey website and over 250 people responded. The survey was followed up by three (3) public meetings which began the early discussions leading to the development of themes that helped frame this plan. Hard copies of the survey were distributed at these meetings, and staff distributed the surveys at the various neighborhood meetings they attended. The future of Downtown Roanoke was further discussed as part of a Cityworks (X)po walking tour and workshop. In 2014, City Staff met with developers and real estate professionals to discuss development opportunities within the downtown. Following that discussion, the process also included three (3) charrettes on streetscapes, which engaged stakeholders in the design and discussion of desired cross - sections for streets within the downtown. Discussions continued into 2015 at which point the project was tabled due to personnel changes at the City. In 2016, the planning process recommenced with two (2) public meetings held that fall. The Advisory Committee and the Steering Committee were combined to form a Stakeholder's Committee that continued to convene and help shape the efforts and ideas developing within the plan. In 2017, the City held one (1) public meeting in the spring that displayed the themes for the Downtown Roanoke 2017 plan along with some of the major policies and actions. The Planning Commission dedicated time to the downtown plan during their work sessions between March and October of 2017. City Council was briefed injure, and ajoint meeting was held between City Council and the Planning Commission in early October. Conformity with the Comprehensive Plan: The draft Downtown Roanoke 2017 plan is well aligned with the general policies established in Vision 2001 -2020, the City's Comprehensive Plan. Some of the relevant Vision 2001 -2020 policies: • NH PI. Sustainable population. Roanoke will have a balanced, sustainable population. Roanoke will promote its urban assets, diversity, convenience, and affordability to retain existing residents and attract new ones. • NH P4. Downtown Neighborhood. Downtown will be developed as Roanoke's premiere urban village with a mix of high- density residential, commercial, retail uses and live /work space. • EC P6. Cultural and historical resources. Roanoke will support, develop, and promote its cultural resources. Roanoke will identify, preserve, and protect its historic districts, landmark features, historic structures, and archeological sites. • ED P1 . Economic base. Roanoke will have a sustainable, diverse economic base that supports target industries in biotechnology, optics, information technology /software, transportation - related manufacturing and services, and supporting business services. • ED P3. Downtown. Downtown will continue to serve as the region's central business district with opportunities for downtown living, office space, retail, and cultural and entertainment attractions. • IN P2. Transportation system. Roanoke will provide a transportation system that is an integrated, multi -modal network of automobile, bicycle, pedestrian, and transit facilities. Interconnected street systems should be encouraged in new development and be maintained in existing development. New roadways through existing urban areas should be designed to minimize impact on the City's urban fabric and complement Roanoke's neighborhoods. • IN P4. Parking. Roanoke will encourage on- street parking wherever possible and discourage excessive surface parking lots. Maximum parking standards for development outside of downtown will be established. Off - street parking will be encouraged to the side or rear of buildings. Carpooling, park -& -ride lots, and transit will be encouraged to reduce parking demand. The City will continue to maintain structure parking downtown. Public Comments: The draft plan has received many comments and many suggested changes over the last several months. Most of these suggested changes have been made when requested and helped result in the current draft document. Much effort was put into addressing comments from various City Departments and other stakeholders such as Downtown Roanoke Inc. (DRI) and Visit Virginia's Blue Ridge. The most recent draft has received many e -mails of support. There has been some concern expressed by the Old Southwest Neighborhood Association regarding the boundaries depicted within some of the downtown maps, as there is some overlap with the surrounding neighborhood. Staff has communicated with several of the neighborhood representatives and settled most of their initial concerns, but staff will also update the plan graphics to better depict the study area and avoid overlap in areas that are not appropriate. One comment letter was submitted after the Planning Commission Hearing and is attached. Planning Commission Work Session: Many comments from previous work sessions have been integrated into the draft plan. Planning Commission Public Hearing No public comments were offered during the hearing. The Planning Commission unanimously recommended an amendment to Vision 2001 -2020, the City's comprehensive plan, to replace the Outlook Roanoke Update adopted in 2002 with the new Downtown Roanoke 2017 plan dated December 18, 2017. Kermit Hale, Chair City Planning Commission Attachments: Public Comment received after PC Hearing Downtown Roanoke 2017, dated December 18, 2017 c: Robert S. Cowell Jr., City Manager R. Brian Townsend, Assistant City Manager Chris Chittum, Director of Planning Building & Development Ian D. Shaw, Planning Commission Agent Daniel J. Callaghan, City Attorney Steven J. Talevi, Assistant City Attorney BLUE RIDGE INDEPENDENT LIVING CENTER COMMENTS REGARDING DRAFT DOWNTOWN ROANOKE 2017 PLAN Thank you for providing us with the opportunity to comment on the draft Downtown Roanoke 2017 plan. We were encouraged to see accessibility considered in certain parts of the plan. According to the U.S. Department of Labor, Office of Disability Employment Policy, people with disabilities are the third largest market segment in the U.S. The size of this population -54 million strong— surpasses Hispanics, African Americans and Asian Americans, as well as Generation X and teens. Add in their families and friends, and the estimated purchasing power grows exponentially. Over the years, we have fielded several complaints about outdoor dining and its impact on accessibility for people with disabilities. We have suggested to the City a means to ensure that restaurants confine outdoor dining while still ensuring access but have yet to hear whether our idea will be implemented. We suggested that the City drill holes into the sidewalk so that the posts the chains are attached to cannot be moved into the sidewalk clearance required to comply with the Americans with Disabilities Act. Disrepair of existing streetscape elements not only creates "a sense of disorder' but they can make it impossible for an individual to use the downtown area. Lighting is extremely critical for those with limited sight. Any changes in parking or to traffic patterns should take into consideration the need for handicapped parking. There are an insufficient number of handicapped parking spaces located throughout the City. These spaces should also be located on different sides of the street to ensure that people with disabilities do not have to unload into traffic. In addition, all parking payment kiosks and meters should be accessible to individuals with disabilities. The City needs to ensure that pedestrian level signs, planters, etc. do not create an obstacle for those who are blind or vision impaired. In addition, all pedestrian signals should meet the needs of individuals with visual impairments. We wholeheartedly agree that the city should evaluate its "current policy on maintenance of encroachments In the right of way." Signs, awnings, and outdoor dining placed in the right of way create a number of obstacles for individuals with disabilities. Since we have had conversations with the City's Public Works Dept. and Downtown Roanoke, Inc. about the public assembly application, we are hopeful that the new "Special Events Policy" will include consideration of all accessibility issues including handicapped accessible toilets, wheelchair seating, handicapped parking, etc. If downtown is truly everyone's neighborhood, it is imperative that whatever changes are made include an analysis about how the changes will impact accessibility for people with disabilities! The Blue Ridge Independent Living Center is available for technical assistance. Downtown Roanoke 2017 December 18, 2017 Introduction In the heart of the Roanoke Valley, Downtown Roanoke is the cultural, economic, and social hub of Virginia's Blue Ridge. Downtown Roanoke is a vibrant and friendly place with a growing economy, proud history, and natural beauty. Downtown Roanoke's success is vital to the City of Roanoke and to the greater region. Downtown Roanoke has experienced resurgence over the last several decades. Since the fabled Design 79 revitalization effort in which an energetic public planning process jump started its revitalization, downtown has reclaimed its regional prominence as an economic, social, and cultural anchor. A cursory glance at the City's 2001 downtown plan, Outlook Roanoke Update, reveals that progress has been at a relatively rapid pace over the past fifteen years. The renovation of the Patrick Henry Hotel and numerous other historic building renovations such as the Hancock, Colonial Aims, Ponce de Leon, and Shenandoah Buildings have created new residential opportunities. Major public improvements include the renovations of Elmwood Park, Market Square, and the City Markel Building. It is time to focus on the next generation of changes and decisions facing Downtown Roanoke. Downtown has seen incredible progress that benefits the entire region, but it is not without its unique challenges. While significant public and private investments have recently been made, it is important to protect and build on those investments by addressing the future of everyone's neighborhood in the Roanoke Valley -- Downtown Roanoke. The Downtown Roanoke 2017 plan seeks to establish a vision for the future of downtown, which includes the downtown core and the greater downtown area. The core of downtown is loosely defined as the area extending from the Taubman Museum of Art and the City Market Building south to Elmwood Park, and from Williamson Road west over to 2 "d Street. The greater downtown area includes areas to the north anchored by the Hotel Roanoke and the Roanoke Higher Education Center, to the west over to 8a Street anchored by the Jefferson Center and the new growth along Campbell and Salem, and to the south extending from Carilion Roanoke Community Hospital and the Jefferson College of Health Sciences down to the South Jefferson Redevelopment Area anchored by the Virginia Tech Carilion School of Medicine and Research Institute. The study area for the Downtown Roanoke 2017 plan incorporates the downtown core and the defined greater downtown area, identifying this combined area as Downtown Roanoke. The Downtown Roanoke 2017 plan seeks to build on Roanoke's over 100 years of planning excellence. As policies and actions are established within this plan, the plan will be complimentary to the adjacent and overlapped neighborhood plans. sr- M Y r y Over 100 Years of Planning Excellence The City of Roanoke has a distinguished planning history. In 1907, Sohn Nolen, a landscape architect from Cambridge, Massachusetts, wrote Remodeling Roanoke. This was considered by many to be one of the first comprehensive plans written in the United States. Nolen was hired by The Women's Civic Betterment Club of Roanoke, Virginia to write the plan. I he plan was completed and presented to the Women's Club on August 28, 1907. In the plan's opening pages Nolen states `Roanoke is one of the first cities of relatively small population to plan for its future in a businesslike, comprehensive manner. In this it shows its progressiveness." The plan proposes green space throughout the City limits as well as creating greenways along the Roanoke River and Tinker Creek. The plan also proposes certain use areas (many specific to downtown) as well as street design alternatives for main thoroughfares. The City's present day Street Design Guidelines reflect ideas Nolen had over 100 years ago. The plan also speaks to building character, form, and function and how they are important to the overall fabric of the city. As a result of Nolen's forward thinking about these concepts as well as others, the 1907 Comprehensive Plan was awarded, by the National Planning Association in 1997, as an American Institute of Certified Planners (AICP) National Planning Landmark. In 1928 Nolen returned to Roanoke to write the City's second comprehensive plan. Nolen had matured greatly as a city planner in the 21 - years between the plans, having written a number of other plans around the country. As a result, the 1928 Comprehensive Plan was more detailed and tactical than the fast. It reflected the City's position as the focal point of a growing region. There are seventeen principal recommendations explained in detail in the plan. Two of the recommendations are specific to the downtown area. The first emphasizes and builds upon Roanoke's many public buildings such as City Hall, the Federal Building and Post Office, the Public Library, Museums, and an Auditorium. The plan recommends the City continue to focus on building design and character as more structures are built in the downtown area. The second recommendation involves automobile parking in the central business district and proposes development of additional parking facilities to meet future needs. The next plan in Roanoke's history was the 1964 Comprehensive Plan, A Development Plan for Roanoke. It provided the City with a Tong range plan for development through the 1960s and 1970s. The major emphasis of the plan was placed on land use planning. The plan outlined proposals for future patterns of land uses including residential, commercial, industrial, and public land uses which best serve the complex functions of the modem city. However, it also outlined other major elements of the City's comprehensive plan, including community facilities and transportation. Through the use of broad patterns, the plan outlines the extent and preferable locations of homes, stores, factories, parks, as well as other major components of the City. Great emphasis was placed on residential use areas due to the anticipated growth in population expected into the 1970s and 1980s. The final section of the plan was devoted to a description of the various "tools" available to the municipal government for the implementation of the plan. Roanoke Design `79 was the first plan to deal specifically with Roanoke's downtown revitalization. Design 79 evaluated the development potential of ROANO KE Downtown Roanoke and was the result of a mandate to prepare a DESIGN revitalization plan for downtown Roanoke. This plan would not only 79 spotlight downtown, but in so doing provide benefits for the entire community and bolster Roanoke's position as the metropolitan center of southwestern Virginia. A continually- manned storefront office and a series CATALOG of live "Design- a -Thon" television shows produced by Roanoke's WDB.1- TV were used to ensure maximum public participation in the planning process. The series of four prime -time "Design -a- Thons" achieved community participation on a scale never before seen in the United States. The shows were an unprecedented two -way foram on commercial TV featuring a bank of telephones, live on -air discussions with architects and other technical and design experts, presentations of design concepts, and an open airing of issues. The principal goals and proposals of Design 79 created downtown districts in which certain activities seemed to be focused. These districts include the Retail Core, Downtown East, the Market District, the Government District, the Industrial District, Old Southwest, N & W District, and Gainsboro. Each of the districts was studied in detail and recommendations were made for future development. In keeping with the City's tradition of civic involvement in planning, Roanoke Vision 1985 -2005 asked citizens what they wanted their city to be in twenty years. Through a broad -based public participation process, including a public opinion survey, television special, and series of planning workshops and community meetings, a growing vision of Roanoke's future emerged. The plan was built on four priorities and set a roadmap for the City through the late 1980s and 1990s, The priorities set forth in the plan were broad - based, yet specific in their focus, stating that: (1) Roanoke should be a city of neighborhoods; (2) Roanoke's appearance and environmental quality should enhance the city's image for residents and visitors; (3) Roanoke's continuing economic development should be pursued as crucial to neighborhood health as well as to regional growth; and (4) Roanoke and its downtown should serve as a dynamic center for the region. Design B5 Downtown Roanoke was prepared for Downtown Roanoke, Inc. and was completed in December 1986. Design 85 built on the momentum and initiatives created with Design 79. The plan and its proposals focused primarily on private sector investment spawned by specific and critical A public actions. When implemented these actions and investment would .= attract conventions and visitors downtown, liven the Market District, connect Hotel Roanoke with the downtown core, create new entertainment venues, create downtown living, expand retail, and continue growth in office 4- em to ment.'rhe Ian called for downtown to be "the ride of the city." vowinovm rouarcE P Y P P� Y" The driving force of Design 85 was to fill in critical gaps in the downtown fabric while creating and maintaining linkages between them. A key feature of the plan was to create a public/private management corporation to guide further development and continue promoting downtown. As with Design 79, Design 85's priorities were broad -based yet specific in their focus. Design 85's priorities were to: (1) create an exhibition and meeting facility in conjunction with the existing Hotel Roanoke; (2) focus on the Market District and housing; (3) create retail linkages; (4) focus investment in Downtown East; (4) coordinate downtown management; and (5) plan for 1990 and beyond. Roanoke Focus '89, Downtown North Development Plan, was completed by RTKL Associates, Inc. in May 1989. Focus 89 is an extension of prior �� QC U S '89 planning efforts for Roanoke's downtown area. however, this plan had a ,� f. +r-• •^ limited scope and focus on the northern downtown area. The plan consisted )r of four main objectives: (1) improve vehicular access within the study area promoting better circulation; (2) identify future sites for office - development; (3) recommend a location for a convention/exhibit center .! along with puking facilities; and (4) create better connections across the railroad tracks to reconnect the northern part of downtown to the southern part of downtown. Perhaps, the most critical recommendation presented in Focus '89 is the demolition of the Jefferson Street leg of the Hunter Viaduct, implementing this recommendation was essential to improving transportation within the entire downtown area. It also would enhance the visual and economic aspects of downtown. The location of the viaduct was a prime location for new development which would reinforce the traditional centers of office and retail activity as well as creating opportunities for additional linkages to the northern segment of downtown. Today, the Wells Fargo Tower and parking garage stands in this location as a result of the plan's recommendations. ,q In April of 1997, Outlook Roanoke created a five -point strategy focusing on w economic development in Downtown Roanoke. To make Roanoke "A Five Star City," as mentioned in the plan, the strategies explained below were proposed for implementation over the five year life expectancy of the plan. First, it was critical to tap into the expanding regional economy in ways that would ensure that downtown benefits by and participates meaningfully in the regional economy. Second, the plan called to diversify the market for downtown development to include residential initiatives; expansion of retail to meet demand generated by residential uses; and strengthen the recreational and entertainment uses of downtown venues. Third, the plan aspired to celebrate the City's heritage reinforcing the link between downtown and surrounding neighborhoods via cultural and historical attractions. Fourth, the plan aimed to revitalize neighborhoods contiguous with downtown so they will convey a positive image to residents, employers, visitors, and those employed by downtown businesses. Finally, the plan sought to define city places through distinct character development and a comprehensive identity system including streetscapes, way - finding and destination signage, improved public parking and new traffic patterns that integrate various destination points within the overall downtown area. The Outlook Roanoke Update, completed in 2002, built on the achievements and successes of the Outlook Roanoke plan. The main focus of this plan update is the Jefferson ^'t T3 ,)>ti Street Corridor and trying to extend the success of the ` j 82;: �T, Market area west of Jefferson Street. The plan update - created five initiative areas, three of which straddle Jefferson Street, and two easily connected to it These initiatives build on Jefferson Street's potential to link separate efforts into an overall strategy for revitalizing areas west of Jefferson Street and integrating them with the Market area These five initiatives are: (I)Elmwood Park; (2)Church Avenue; (3)E -Town; (4)The Market; and (5)Jeffcrson Center. Vision 2001 -2020, the City's Comprehensive Plan is the product of an extensive collaborative planning process starting in the fall of 2000 that involved a citizens' advisory committee, citizen -based task teams, City staff, consultants, Roanoke City Planning Commission, Roanoke City Council, and the public. More than 2,000 people participated in the process. ,,, „o„ The overall strategy of Vision 2001 -2020 and its many specific approaches are based on the goals and values expressed by the community. On August 20, 2001, City Council members unanimously adopted Vision 2001 -2020 as the City's Comprehensive Plan. Vision 2001 -2020 is still in effect today and continues to guide the City as it plans for its future. The Roanoke City Market District Plan designates the downtown market area as the geographic and social center of the Roanoke Valley. It is recognized as one of the best public spaces in America and is listed on the National Register of Historic Places and the Virginia Landmarks Register. Revitalization of the City Market began in the late 1970s and early Spa with Design `79. In 2005, SFCS and Duany Plater- Zyberk & Co. (DPZ) were chosen to lead the planning effort for the City Market District Plan. SFCS is a local firm with many years of experience working in Roanoke, specifically on improvements to the City Market area. DPZ, from Charlotte, N.C., is world- renowned for its progressive planning ideas and respect for unique urban public spaces. Via downtown businesses and citizens input the plan developed specific, broad reaching ideas for the Roanoke City Market District. Top -rated plans have been a part of Roanoke's history for over 100 years. The Downtown Roanoke 2017 plan builds on the ideas and achievements of the past while incorporating new and innovative approaches to modern planning issues. John Nolen stated it nicely in 1907: "The Roanoke Spirit” at its best must be invoked. "A conservative, well considered, and whole- hearted course of action must be adopted and consistently followed if the best results are to be secured" Planning Process Public involvement is a hallmark of the City's planning initiatives. In this plan, the public's contribution was extraordinary, both in terms of quantity and quality. Realizing that downtown is everyone's neighborhood, the City made efforts to capture the opinions and impressions of a broad range of citizens, from all over the city. In 2013 a citizen Advisory Committee was created and from that group a 12 member Steering Committee was formed. The Steering Committee guided staff in the development of the plan in a hands -on manner and then reported to the larger Advisory Committee. The Advisory Committee vetted ideas and concepts before they were presented to the public. The committee members were chosen for their expertise and commitment to Downtown Roanoke, and a variety of professionals and city residents were included. While the Advisory Committee provided staff with much needed expertise and oversight, the first step of the process was soliciting input from the general public. In 2013 a survey was distributed on the intemet -based Survey Monkey website and over 250 people responded. The survey was followed up by three (3) public meetings which began the early discussions leading to the development of themes that helped frame this plan. Hard copies of the survey were distributed at these meetings, and staff distributed the surveys at the various neighborhood meetings they attended. The future of Downtown Roanoke was further discussed as part of a Cityworks COpo walking tour and workshop. In 2014, City Staff met with developers and real estate professionals to discuss development opportunities within the downtown. Following that discussion, the process also included three (3) charettes on streetscapes, which engaged stakeholders in the design and discussion of desired cross-- sections for streets within the downtown. Discussions continued into 2015 at which point the project was tabled due to personnel changes at the City. In 2016, the planning process recmnmenced with two (2) public meetings held that fall. The Advisory Committee and the Steering Committee were combined to form a Stakeholder's Committee that continued to convene and help shape the efforts and ideas developing within the plan. In 2017, the City held one (1) public meeting in the spring that displayed the themes for the Downtown Roanoke 2017 plan along with some of the major policies and actions. The Planning Commission dedicated time to the downtown plan during their work sessions between March and October of 2017. City Council was briefed in June, and ajoint meeting was held between City Council and the Planning Commission in early October. Public Hearings were held in December. Planning Commission reviewed the plan and voted unanimously to recommend adoption of the Downtown Roanoke 2017 plan. The City Council voted on to incorporate the plan as an element of the City's Comprehensive Plan. Crafting the Vision The survey, performed in 2013, identified important elements to be focused on within the plan, including the public sentiment for Downtown Roanoke and a sense for the pattems of usage. The survey received over 250 responses, with eleven percent (11 %) of respondents living in Downtown Roanoke, fifty -eight percent (58:/0) living in other areas of the City, and twenty- seven percent (27 %) living elsewhere in the Roanoke Valley. Overall ninety percent (90 %) liked Downtown Roanoke and they visited for business, dining, retail, and entertainment, with ninety- six percent (96 %) traveling by car and fifty -one percent (51 %) parking on the street. Pe How often do you visit downtown Tor the following activities? r ma�M •� MuMJy � OwM�Y Mw v p. Survey respondents selected their preference for the most important elements to be focused on within the Downtown Roanoke plan, and the topics most chosen within the survey were: • Renovation of existing buildings; • Retail options; • Streetscape /sidewalk improvements; and • More/better green /public space. Engaging the public through the course of the planning process helped establish a vision I'or Downtown Roanoke that guides this 2017 plan. Establishing the strengths and weaknesses of downtown and discussing opportunities and potential constraints, the public process set the direction for the plan and helped establish the major themes the plan is developed around. What do tam out,vt appreciate about Donvbnwn Roanoke! The public appreciated that downtown had many big city amenities, but a small -town feel. With an abundance of restaurants, a top notch park, museums, performance venues, festivals and events throughout the year, transportation options, and variety of activities, downtown has many of the same amenities that one might find in a larger What do you most appreciate? Elmwood "«.'° v- „.Wart( ,,,Market area FM o Bjcycle Inert city. At the same time, Downtown Roanoke retains its small town feel with easy accessibility, friendly people, a high quality of life, a sense of safety and livability, and a quality pedestrian and bicycle experience. People also recognized Downtown Roanoke as special and unique, with many historic buildings, the farmer's market, a feeling of authenticity and unique character, and a diverse culture. In addition, the general location for Downtown Roanoke was seen as a strong attribute, with its central location in the heart of the Roanoke Valley, and its close proximity to Mill Mountain, the Blue Ridge Parkway, the Appalachian Trail, and other areas of scenic beauty. There was also a strong sense that great things are happening. The development and continued expansion of the greenways and the addition of public art have added to the vibrancy of downtown. Growth in residential development downtown has helped support an array of local businesses, increased activity in the area, and helped contribute to downtown's momentum. Many of the multifamily residential projects were developed with the assistance of historic rehabilitation tax credits that supported the adaptive reuse of these historical buildings and aided in downtowns expansion to the west. it hat is J'otr biggest frustration with Downtown Roanoke? Concerns stemmed from the fact that small cities grow incrementally. The public appreciated all the amenities that downtown has but wanted more retail and a full service grocery store. They wanted more art, parks, and water features, and wanted to bring more residents and visitors to downtown. Downtown Roanoke has seen a lot of growth, but it has occurred bit by bit and it is not likely to fully develop overnight. The public was also concerned that downtown has gaps and disconnects. Some of the surrounding roadways, such as 1-581, act as a barrier to access. There were concerns about handicap accessibility and the impacts of outdoor dining within the pedestrian area. The public recognized the issue of vacancy in downtown and was specifically discouraged with the vacancy of the Heironimus Building at the comer of Church Avenue and Jefferson Street. The current bus station at Campbell Court was mentioned as a barrier, creating a disconnect between the core downtown area and the expanded area to the west. What is your biggest frustration? N qr a*m ng The public expressed concern about visitor's perceptions of downtown. Generally, staff heard that parking was adequate for Downtown Roanoke, but there was a strong concern that infrequent visitors might have a perception that parking is hard to find or not available. Frequent street closings for events and festivals coupled with a confusing street network with several one - way streets and little existing directional signage may create obstacles for visitors. There was concern that vagrancy and panhandling might create an unsafe perception and the occasional unclean conditions of the streets and sidewalks, littered by irresponsible pet owners, smokers, and nighttime revelers, could deter downtown visitors. What doev Downtown Roanoke need to succeed.' When asked how they would improve the downtown, the public wanted more amenities. People responded that downtown needed more retail, a grocery store, and a pharmacy, along with more event venues, such as a movie theater and a music venue. They sought more hotels within downtown to support an increase in visitors and tourists. The public hoped downtown would remain a hub for small businesses and thought incentives could help encourage entrepreneurship and support development within Downtown Roanoke. They wanted to see more activity within the City Market Building and more green space and parks in the downtown. There was a desire for improvements to be made within downtown. Less surface parking, more infill development and continued renovation of existing buildings, including the renovation of the Heironimus building and improvements to the bus station were common responses. People also wanted to see improvements regarding vagrancy and an increase in homeless services. They m also suggested implementation of green infrastructure projects to help reduce flooding issues, and general beautification of downtown and increased marketing to attract new visitors. Many thought that better connectivity was critical to the continued success of Downtown Roanoke. Citizens requested streetscape improvements, wide sidewalks, directional signage, and conversion to 2 -way streets to build better connectivity throughout downtown including the South Jefferson Street Corridor, Williamson Road through downtown, new growth areas to the west, and all the neighborhoods surrounding downtown. There was a focus on multimodal transportation options, with recommendations for pedestrian only areas, better transit (including transit to the Mill Mountain Star), an improved bus station, a focus on bike friendliness, and strong connectivity to the region. If this plan is sic, evsfl, r -hat roil/ Downtown Knaake look like in 20 pears? The public wants to see a downtown that has great neighborhood connections, and is pedestrian friendly and bikeable. There will be new retail (including a grocery and phannacy), and public arc, green space and parks with ample comfortable seating, music, and other attractions. Downtown will remain a regional destination and a hub for business and transportation. A new trolley route will help connect neighborhoods and other commercial areas to downtown. The bus station would be relocated and the new Amtrak connection would successfully bring new visitors to Roanoke to enjoy a variety of activities and events. WYa pop tJyjrl;.py 1'w WLre rlrr II IIIII �nMgPalvr �4MdmorttpJU'. ";on: Fm Na" Nau'I 11Jq kvwH rrPtr� fmMeo psxtltr fro rrrpnMnxrxWty A. nr,c r r SOIVed Q< : "t ifrMm conk Hubl frc ^'���1 r4d[NV alt rrkr'.M �uV VAfIfaCGOrs r Accessibillt nrrna ,�' ° °�hrrovatbnCorndor „Regon� destination ppbpcprt Downtown Im ,Housing, Adiv y n9 ,rr; Reuse Historical B idings 'Events Green space 4 � a,..l. , Jb YBetter IN Connections�fe 4 rtW,G bltlM N -r Nast &Meade r t'n' : "Ip,•, L Inrxkn mart!xJ M:1v qT@ Comfortab� blgeatin mi 9ic r`,�, LI ns Pedestri an friendly,r i �' Y °Tro ey rJrRetal� Y r Train , Groce „ rr, , r Connect to River ry > <w, ro„ roux &s.OnneAtr:o Rive A,' lit, ,IM1- a,K U,.c. rxxaam rr ._... 'e:m:. srrkmM 4Kax, Downtown Roanoke will be perceived as safe, accessible, vibrant, and fun. Infill development and the renovation of historic buildings will create opportunities for both new businesses and housing_ Flooding in downtown will be alleviated and connections will be made with the proposed Innovation Corridor, the Roanoke River, and the network of greenways. Developing a path forward Underlying Principles Utilizing the input received throughout the planning process, the Downtown Roanoke 2017 plan is guided by underlying principles that help establish the mission and expectations of the plan. Downlovn is evetTone's neighborhood Downtown Roanoke is the heart of the Roanoke Valley and Virginia's Blue Ridge, it should be welcoming and inviting as a premiere destination for people to live, shop, work, and play. Accessible to all and adaptable to meet different needs, improvements to Downtown Roanoke benefit the entire region. Big ciq- amenities with small town feel The variety and extent of amenities in Downtown Roanoke are similar to what may be found in larger cities, but the small town feel remains and contributes to a high quality of life for those in the region. As the downtown grows, it is imperative to retain the ease of accessibility, sense of safety, and livability within Downtown Roanoke. Owage mars in, rementallr. not overnight Downtown has been revitalizing over the last thirty years and has potential for more expansion and growth. This plan will help guide public improvements and private development and investment over the next twenty years, recognizing that the size of the region will temper the rate of change and that growth can also be affected by fluctuations in the economy. PhnenuAing is Economic Development The growth in a knowledge -based economy has given more significance to the importance of place for attracting economic development. Building on the unique assets of Downtown Roanoke to create a quality space teeming with activity, improves prospects for attracting talented workers, investments, travelers, and business to the region. Themes The framework for the Downtown Roanoke 2017 plan will be structured around six themes that serve to build on the success of downtown and aid in its continued revitalization and growth over the next 20 years. I. Build on Strengths 2. Fill in the Gaps 3. Expand 4. Enhance Public Space 5. Strengthen Connections 6. Maintain and Market 1. Build on Strengths The downtown is steeped in history, surrounded by natural beauty, and serves as the regional center for commerce, culture, and entertainment. Strengthening these foundational elements of Downtown Roanoke will help support future growth and expansion. Formerly known as Big Lick, the City of Roanoke was founded in 1882 and grew quickly as a prosperous railroad town around the turn of the 19 °i Century. Decades of rampant growth left a legacy of historically significant buildings within the downtown. Many of these buildings have been the key to revitalizing Downtown Roanoke, as developers have found ways to use historic tax credits to support the redevelopment of these buildings into a variety of uses. Restoration of historic structures has added new life to downtown and helped to preserve these buildings for decades to come. Downtown Roanoke also has several historic and otherwise significant murals and roof signs that have become part of the fabric of downtown. Downtown Roanoke's historic assets add authenticity and help preserve a sense of the past. Downtown Roanoke is conveniently located to serve the region as the commercial, cultural, and entertainment hub and is situated close to the Roanoke River and Mill Mountain with views of the Blue Ridge at every tum. Its close proximity to the Appalachian Trail, Blue Ridge Parkway, and other scenic destinations make it a natural stepping off point for outdoor adventures. As the economy has transitioned from the railroad industry to education, medical, service, and tourism, Downtown Roanoke has retained its role as the central business district for the region. People from throughout the region have come to appreciate downtown as a place to shop, dine, enjoy festivals and events, and experience culture in a walkable urban environment. The historic tax credit program has played a significant role in Downtown Roanoke's revitalization. Roanoke has had over 130 tax credit projects, with the majority of them located in the downtown area. Pressures to trim budgets have brought the Virginia historic tax credit under legislative scrutiny with the possibility of caps or cuts to the program. Research completed in 2014, by the Virginia Commonwealth University's Center for Urban and Regional Analysis show that the state historic tax credit program has generated almost $4 billion in economic activity In the state from 1997 to 2013 through 2,375 projects, which supported about 31,000 jobs. Within Roanoke, there was nearly $314 million invested in revitalizing buildings, incorporating just over 578 million in state tax credits, during the study period. Survey results and other public input for the Downtown Plan have shown that Roanoke supports the continued revitalization of historic properties with the downtown area. The use of tax credits should be encouraged throughout downtown and the City should encourage Virginia lawmakers to keep the highly effective incentive in place. 4C110'.,: Pro%ide support for and lobhr to maintain the historic tax credit. Downtown Roanoke contains several National Historic Districts: • Gainsboro Historic District; • City Market Historic District; • Henry Street Historic District; • River and Railroad Historic District; • Norfolk & Western Historic District; • Southwest Historic District; and • Roanoke Downtown Historic • Salem Avenue/Roanoke Automotive District; Historic District The downtown has two local historic districts. The H -1 covers the City Market area and the core of downtown, while the H -2 covers the Gainsboro and Old Southwest neighborhoods. There is a significant amount of overlap between the local and national districts, but there are many areas of downtown that are only covered under the National Historic District and not the local historic districts. Properties within the national districts are eligible for historic tax credits, but there are very little protections in place to protect these properties (unless tax credits or federal funds are involved). The local historic district provides some protections, as modifications or repair to buildings in the H -1 and H -2 must receive a Certificate of Appropriateness either reviewed by staff or the Architectural Review Board. Guidelines for the local district guide the review process and they generally discourage demolitions or other changes that would diminish the historic character of the district. A survey of downtown properties outside of the 14 r 1f Oawntown Historic Areas `• :�[ Legend ...W coi.W." OverleY lonirq DbNde '= wi��a a „e nl— local historic district should be prepared to define an expansion area for the H -I district, to provide protections to significant historic structures. A( I [ON: Expand the local historic districl lu corer other significant areas of downtown. In addition to the historical buildings, in the downtown there are many historic or artistic murals and roof top signs that support the unique character of Downtown Roanoke. The public recognized that downtown was special and part of that culminated from the signs and murals that contribute to the overall aesthetic of downtown. Surveying these elements of downtown will assist with their preservation and allow them to be considered part of the inventory of art and culture within downtown. ACTION: Document the significant signs and nmrals, recognieiug them as pall of the cih's art and cults C. The Roanoke Reeional Partnership, the economic fo a development organization for the region, created the Roanoke Outside Foundation to showcase Roanoke as one of the best outdoor communities in the United States. As the region continues to capitalize on its natural amenities, Downtown Roanoke should also maintain strong connections to these nearby resources. The greenway network provides a seamless connection from downtown to the Roanoke River, The Roanoke River Blueway, Mill Mountain, and beyond. Future expansion within the County hopes to extend the greenway out to the Blue Ridge Parkway new Explore Park. Downtown needs to find efforts to spotlight this connection. New connections can be created as well. The Appalachian Trail (A.T.) has several trailheads within a 30 minute trip from downtown. With some of the best hiking along the trail, Dragon's Tooth, McAfee Knob, and Tinker Cliffs sections are clustered near Roanoke. The trailhead parking to access these sections has become overused and crowded on peak days. There are currently some resources available regarding transportation to the Appalachian Trail, but there 15 are no listed services specifically related to transporting people from Roanoke City to trailheads. Many of the transportation services are provided by individuals and not professional shuttle services. A shuttle that runs on the weekends and can connect these major trailheads and other locations such as Carvin's Cove and the trailhead near Daleville, could not only alleviate parking concerns, but also make a strong connection between Downtown Roanoke and these nearby activities. Conference attendees, tourists, and out - of -town guests can extend their slay an extra day to take one of these amazing hikes. Locals can spend the morning at the City Market before heading on the shuttle to reach the (railhead with no concern for a full trailhead parking lot. A( I ION; 'llain(ain greelma) maps that( can be used to help xisitols explore beyond (If, N I oAx l I. V(`IIO.N: Support the inception of an A I shuttle connecting dorvntotni to nearby trailheads. Roanoke has an array of events and festivals that help bring the community together. Beginning with the St. Patrick's Day Parade in March and continuing through December with the Dicken's of Christmas festivities and into January with Elmwood on lee, the downtown is alive with events along major streets and locations such as the Market area, Elmwood Park, Dr. Pepper Park, and Rivers Edge Sports Complex. The restaurants and music venues continue to have a variety of entertainment that is the perfect complement to events occurring downtown. This variety of activities should continue to be inclusive and support the broader community. VI ION: Encourage cultural, historical, and couuuunhN based events within the downtown. 16 nc During the first half of the 20th Century, Downtown Roanoke was the premiere shopping destination in the region. Anchored by major department stores and complimented with smaller local businesses, downtown was bustling with activity. As the community grew more suburban, the department stores also moved out to regional malls, and downtown was left to reinvent itself. Roanoke's previous planning efforts helped lead the way supporting both private and public investment in improvements to keep downtown relevant and prosperous. Downtown Roanoke is still a major regional destination for people to live, shop, work, and play. As Roanoke goes forward into the rest of the 21 st Century, it will need to build on its strength as a walkable urban environment with appropriate development patterns and urban design that complements the livability of Downtown Roanoke. There has been a significant increase in market demand for walkable downtowns and neighborhoods. People of all walks of life are recognizing the benefits of these places. The ability to easily walk, take a bike, or a quick transit trip to your destination can expand the amount of time one can spend with friends, family, or community and reduce the amount of money spent on transportation. Walkable urban places are driving economic growth, as companies decide where to locate, in part, based on the quality of life a community can provide to its employees. Downtown Roanoke is a great asset to the region, as it provides a great example of a walkable urban place within a smaller city and region. Downtown should continue to create and expand its walkable urban environment to better showcase the high quality of life within the Roanoke region and attract new business and private investment. The City of Roanoke should review current development standards and adjust as necessary to strengthen the walkable urban environment. APedestrian Area Plan would also be valuable to make sure that Downtown Roanoke is poised to compete against other walkable urban areas in luring economic development and in providing the highest level of livability for residents, tourists, and other users of downtown. The plan would take into consideration the unique character of Downtown Roanoke and utilize best practices to suggest improvements to the walkability in and around downtown and strengthen connections from the core to other areas such as the River's Edge Sports Complex, the Civic Center, and the Jefferson Center. \CI 1ON: Reeks decclopntent standards fools to euurc the proper mix of uses and design demeuls to reinforce It cibranl pedexn'iun em ironment. AC'l'1ON: [)INdop It VedestI iau Area VIII that eculuates design standards, zoning, and an ectscapc cl ell cals. 17 2. Fill in the Gaps Downtown Roanoke has seen a steady pattern of major developments since 2000 that has added over 1,500 new residential units, many revitalized commercial spaces and a variety of other uses; but downtown still has many empty storefronts, gaps in the streetscape, and areas that could be improved upon to improve the pedestrian experience. Many of the public's biggest concerns with downtown relate to these issues. The Heironimus Building was consistently mentioned as an eyesore as it sits empty at such a prominent location along Jefferson Street. Campbell Court is another area that requires some improvements. The Market area has seen many improvements over the years and a few minor changes could greatly improve functionality . In addition, recent weather patterns have also reminded residents that Downtown Roanoke sits partially within a floodplain and contains a high percentage of impervious surface. Many members of the public commented on a need to improve the situation of flooding, which may include n. r_- tea...• Major Nwntown "rw P ;•I 0erebgment°°' ��/ sn,e 2000 Legend oC` • /!/' , -,• a` tIiMF ee. • stortnwater projects and other green infrastructure improvements. Stormwater improvements and sidewalk enhancements that help fill in the gaps within downtown can strengthen the experience of visitors and create better connections throughout downtown. As Downtown Roanoke continues to grow, it becomes even more imperative to find ways to fill empty storefronts, activate and better connect areas of downtown, and encourage downtown users to extend their slay by providing more opportunities for retail, dining, entertainment, or other services or businesses. Within downtown there are several smaller buildings that provide great space for a small business to have a location within Downtown Roanoke. The City should actively seek resource opportunities for small business owners that could provide guidance on how to modify their business plan to locate within these downtown buildings. For example, a typical three -story building downtown could provide office or retail space on the first floor but have opportunities for income generation from residential rental units on the second and third floors. If a small is business owner was coached on how to use this rental income to offset the cost of their mortgage, it might help more small businesses to be located within their own building. This is a great way to encourage more retail within the downtown. Linking small businesses with a mentorship may also be valuable. Giving small businesses the opportunity to have a mentorship with a larger, more established company can increase their success rates and help them establish themselves in their beginning years. According to U.S. Small Business Administration, `a mentor can help navigate the complex challenges that often come with being a business owner, and the guidance from someone who has been there themselves can be a real asset'. The City of Roanoke could benefit from mentorships and educational programs that deal with restaurants, retail, and other business types to help new businesses become established in downtown. A few downtown buildings under private ownership remain vacant. Some properties, including the Heirommus building, a former department store, and the former First National Exchange Bank building, often have unique characteristics specific to its former use and are therefore not easily adaptable to new uses. Efforts to recruit interested parties to these unique properties, including developers of historic properties, have been successful however none to date have proven to be economically feasible. Marketing and targeted recruitment efforts should continue in seeking new owners and tenants for these properties. Likewise, while encouraging newer small businesses and recruiting other specific businesses, we need to actively support the existing businesses that help make Downtown Roanoke a special destination. Encouraging their involvement with Downtown Roanoke Inc. (DRI), helps provide the existing businesses with a forum to address issues that may arise. Attention to the needs of existing small businesses can increase retention as downtown grows, preserving some of the unique character of Downtown Roanoke. Changes within downtown are not always initially accepted, but efforts should be made to keep downtown businesses informed regarding proposed changes. 1CI ION: Connect xmall businesses pith information mid I eso uros to help them use downtown spaces. V( I ION: I'ar;,ct and recruit businesses to occupy (I oil nnncn huiltliII >CTION: t se DRI as a thrum to connecl oitit and support existing businesses. Streetscape improvements have improved the walkability and aesthetics of Downtown, but care should be made to maintain these elements and extend these treatments throughout downtown. Wide sidewalks, street trees, lights, trashcans, pedestrian crossings, and other elements help people feel more comfortable walking through downtown. As these elements fall into disrepair they should be fixed immediately to avoid creating a sense of disorder. Lighting is critical for maintaining a safe environment where all visitors and residents feel comfortable. Extending the streetscape treatments is a strategy for tying different areas of downtown together. Visitors are more likely to continue their exploration of downtown, if they feel the areas are well connected and they do not feel that they have left the downtown area. Downtown Impervioi Legend Surface M11 II♦ Buli6npsa Parking lots and vacant lots can be an impediment to the extension of the pedestrian realm. Currently, a third of the downtown area is made up of parking lots, driveways, railroads, and other impervious surface, while only 20 percent is occupied by buildings. As downtown grows, infill development with structured parking should be encouraged. New surface parking lots should be discouraged and existing surface parking and vacant lots should be considered as development opportunities The City of Roanoke should seek opportunities to create structured parking as part of a public private partnership when these development opportunities arise. The city should create a map of vacant or underused properties to help market these areas for development. It may be necessary for the city to look at possible incentives to encourage infill development within downtown. V( -I IOV Make maintenance ofcsistiw; s11 cctccapc clemcuta a lop prim its ill the doscntoon aided b.� regular inspection by DRL \('I ION: Repair street lioning when nccessm'c. V( I ON: Look for opportunities to estund the core strectscape elements, creating it continuous pedestrian experience. 20 Throughout the public input process, Campbell Court was often a point of concem. The transit station is vital to the City of Roanoke and the surrounding transit service area. It is a critical point for transfers, adding accessibility for users. However, the station has inadequate lighting, undersized loading areas, and driveway aprons that abruptly cut into the streetscape of downtown. The Intermodal Transportation Study evaluated the potential for the redevelopment of the transit center in connection with the Amtrak station or platform. The addition of Amtrak to the downtown is not only a great boon for the region, but it also provides the perfect opportunity to find a public private partnership opportunity to move the transit center based on the ideas in the Intermodal Transportation Study. The current condition of Salem and Campbell Avenues around Campbell Court could also be improved. On the Campbell Avenue side, redevelopment of the existing Campbell Court could provide active storefronts that help downtown visitors continue along Campbell and encourage economic development opportunities west of Jefferson Street. Potential changes for Salem Avenue streetscape. Salem Avenue behind Campbell Court could be better activated with appropriate streetscape. Currently, the sidewalk drops off behind Campbell Court, as the building opens up with bus entrance and exit aprons. As Campbell Court is redeveloped, the sidewalk should be 21 [ r; 6 - p Potential changes for Salem Avenue streetscape. Salem Avenue behind Campbell Court could be better activated with appropriate streetscape. Currently, the sidewalk drops off behind Campbell Court, as the building opens up with bus entrance and exit aprons. As Campbell Court is redeveloped, the sidewalk should be 21 reestablished to encourage opportunities along this stretch of Salem Avenue and create better connections to recent development areas located just further west along Salem. :k( I ION: Redevelop the transit center seeking opportunities to create connections with passenger rail and other transportation options. ACTION: Improve streetscape along; the Sadem Avenue side ol the Camphell Cmu9 at The City Market Building has done a great job of activating the exterior spaces, but the interior of the Market Building has a feeling of underuse, as it lost some of its intimacy when renovated. Strategies should be employed that make the space more engaging. The City Market Building should be activated with portable market stalls and retail carts. These carts and stalls could be made for the purpose of temporary and portable retail. Other events and programming are important for the interior of the market building and utilizing portable retail, allows for that use to be moved for other programming. Other ideas to activate the City Market Building could include adding elements of play, integrating playground equipment or public art that is designed for play. In order to bring more attention to the interior of the Market Building, there should be some collaboration to find a signature art piece that would draw visitors into the building and complement the mosaics at the entry and the nearby art museum. Suspended from the ceiling or set on a pedestal in the middle, the public art piece would be sheltered from the elements and could be of materials that are more appropriate for display inside. Adding more retail and an into the interior of the City Market Building will help showcase this significant building and help support the businesses within the Market Building and in the surrounding Market area. :ACTION: [nCournge the ingdcomnlation of porIahle market stalls and retail carts o i l hin the City Alaiset Building. ACTION: gln k with the Market Building; foundation, DR I. and the City arts ( onnumion to instal] signattur art piece in the t ih Market Building. 22 The area along Wall and Market Streets on either side of the City Market Building currently has parking on both sides of the street. The sidewalks on the opposite sides of the Market Building are often partially impeded by outdoor dining that migrates beyond its permitted space and limits circulation. The issue of accessibility was brought up often in our public discussions, and this area in particular was called out as an area of concern. As part of a charrette on streetscapes, stakeholders looked at this area and suggested wider sidewalks and the possibility of closing it for traffic altogether. At the same time there is a good deal of activity in this area and retaining some parking in this area is important for nearby businesses. Reduction of parking is a necessary tradeoff for enhancements of public spaces that improve the overall Market area. n f ; t n „ �i- to As Wall and Market Streets, are periodically closed for events, it seems an appropriate area to put in place a new treatment that will complement the Market Square area, meet the concerns of the public, and the needs of the surrounding businesses. Raising the street to eliminate the drop 23 II �I As Wall and Market Streets, are periodically closed for events, it seems an appropriate area to put in place a new treatment that will complement the Market Square area, meet the concerns of the public, and the needs of the surrounding businesses. Raising the street to eliminate the drop 23 off at the curb, would allow the area to be better used for events when the streets are closed. This street treatment could also stretch up Market all the way to Church Avenue to strengthen that connection from the City Market Building to Elmwood Park. Eliminating parking on one side or both sides of Wall and Market Streets will allow for more usable sidewalk space that can alleviate the congestion on the sidewalks opposite the Market Building. The extra space would also allow for some streetscape improvements, with room for larger trees and outdoor dining areas. Typically the streets would remain open for traffic, but allow better pedestrian access along the sidewalks and when closed for traffic the street treatment would be more conducive for event - goers. These changes would also help the City Market Building better connect to Market Square and create a significant active public space. ACTION: Unise the sheet to sidcaulk le%el along Market and Nall streets, to allost for better use s, bell closed for events and to slow speeds 11 hen open for traffic. k( I ION: ICxpand the sidewalks on the opposite side from the City Market Building The City of Roanoke is fortunate to have a farmers market that is open daily and has been in operation since 1882. The activity created by the Historic Roanoke City Market helps enliven the Market area and is a major draw for visitors to Downtown Roanoke. Although the market is open every day except Christmas and New Year's Day, there are a limited number of vendors on slower days and the southern block of Market often has market stalls that are empty. The emptiness of the market stalls on the slower days of the week give the sense that the market is not successful. Efforts should be made to activate these spaces, either by continuing ongoing recruitment of new vendors that have an interest in using the space during the slower days, or removing the fixed tables and utilizing a table that can be secured to the structure when not in use to open up areas for pedestrians and outdoor dining opportunities. This would activate the space when not in use by the regular market vendors, and would still allow the vendors to use this space when the market is fully occupied, typically Thursday, Friday, and Saturday. On these busy days, the vendors can also spill over into Market Square. As part of an overall downtown mobility strategy, closure of Market Street, from Campbell Avenue south to Church Avenue, for all traffic other than vendors should be considered during market hours on the busy days of the week. V -1 ION: Study opportunities to aclicatc the section of market stalls along Mat ket Street hch,ccit Church and Dirk. 24 Downtown Roanoke has an existing FEMA recognized 100 year floodplain. The downtown area has an area of floodplain to the north resulting from a channelized stream. There is a portion of floodplain to the east of downtown and to the south there is a larger area of 100 year floodplain and an area of floodway because of the adjacency of the Roanoke River. The City has done some preliminary work looking at the floodplain area to the north and based on the surrounding topography, it appears that an even larger area of downtown could be subject to flooding during a 100 year storm event. The City has initiated a study to better define the flood prone area in the core downtown area. k[ TIO,V: L'sc the dos +ntmrn flood study to ads isc doscntmr n propertc oo errs of the flood potential tot their properties. M I ]ON: Make the extended floudplaiu csaInatioil avaIIabIt, to the public. 1 i t Downtown Flood ' Zones Legend FLOODPLAIN - FLOODWAT f ` - Advisory Flood Area As work on this plan progressed, concern grew over flooding in the downtown area. Several flood events occurred during the summer of 2016 sparking the public's interest in this problem. The events were sparked by storms with a high rainfall rate in a short period of time. The water receded quickly but only after inundating some of the downtown streets. The issue of flooding is not a new one, as a channeled stream flows underneath a portion of downtown creating an area of floodplain within downtown. In addition, the large amount of impervious surface within downtown creates high rates of stormwater flow that collects in the low lying floodplain area at the northern end of downtown. Flooding in this area has been mentioned throughout previous planning efforts and the occasional flood event is not entirely new. PW The City has increased efforts to handle stormwater issues and has a list of stormwater improvements within downtown in the queue for funding. These projects can be temporarily disruptive, but the long term benefits may warrant this short term interruption. As Downtown Roanoke is critical to the economic success of the city and the region, it is imperative that stormwater projects within the downtown area receive priority. �A 26 X,. v 'rwnn Puree Tr.XLXl e< ,—.P.Pa. „ e., _e ° ° " ° ° °1 Other improvements, such as adding tree canopy, green .Ie... X, =0 9 - =•u roofs, rain gardens, rainwater harvesting, and green _ ° streets should also be pursued by the city and by property owners when opportunity arises. These smaller green infrastructure projects have the potential e , to reduce some level of runoff and thereby improve the W u,�° PP. a mao.�Ve< overall flooding potential. Green infrastructure is P.oi__ 'I_ P< >r< becoming more popular because of the multifaceted benefits to the urban environment and community. Community benefits can include increased urban livability and opportunities for education and engagement. Multiple studies have shown environmental benefits of green infrastructure to include reduced flooding, improved water quality, increased groundwater recharge, reduced public expenditures on traditional gray infrastructure, reduced energy use, improved air quality, and enhanced aesthetics and property values. 26 ' Tree Trench .- _... I wing Will Green Roof Raingarden Permeable Permeable Ift �. Pavement ^ I f4 i1' 1 l / -- SCOrmw.ner Plan[en - - Native Planting nteoectim, B Examples of green infrastructure projects along it .streetscape. Source: Metro Blooms. Although flooding within Downtown Roanoke has been an occasional event over the past century and a half, there is now a growing focus on stormwater, and the city is implementing best management practices to decrease the stormwater flows, both reducing propensity for flooding and reducing some of the contamination from runoff downstream. Flood proofing measures can help better protect properties within the floodplain. A( "1 -10A: Identify star rim aler iolprot omen1 projects is (hot nlosn to prioritize. d(�I ION: Increase green jot Iasli let inv. such as: iIcc cannpc. green roofs, rain gardens. raimstiter harntiting, and green streets. a(`I ION: Educate properh otrners in floodplain areas to encourage appropriate flood proofing measures. 27 3. Expand Downtown Roanoke is growing. Residential growth and new commercial areas to the west of downtown have opened up new opportunities and areas for future growth. The amazing transformation of the South Jefferson Redevelopment Area into a prosperous and expanding mixed use area anchored by Roanoke's emergent Health and Education sectors has expanded downtown's vibrancy to the south. The area to the north of downtown has historically been separated by the railroad lines, but the success of the Hotel Roanoke and the Roanoke Higher Education Center have helped forge better connections with downtown and offers more opportunity for developments that connect with the nearby residents. The Downtown Roanoke 2017 plan has integrated these growing areas into the narrative of downtown as a key opportunity for thoughtful expansion. Efforts should be made to create improved transitions between the existing core of downtown and the greater downtown area. Revitalization projects along Salem Avenue and Campbell Avenue have helped expand downtown's footprint west and created new opportunities for future development. A substantial increase in apartments and some significant commercial spaces in addition to the existing anchors such as the Virginia Museum of Transportation, the Jefferson Center, and the Kirk Family YMCA breathed new life into this side of downtown. The significance and success of these projects have opened the door for more adaptive reuse and development to the west of downtown. The area just beyond this current western expansion has some active industrial uses but is abundant with unused industrial and warehouse buildings. Many of these properties are still zoned 1 -1, Light Industrial. Although it is important to still allow some light industrial uses for these buildings, it seems imperative as Downtown Roanoke expands west to allow a broader array of uses in these buildings, such as mixed use, retail, and residential. The current 1 -1 parcels in this area west of downtown should be rezoned to UF, Urban Flex. This is the same zoning that was used a DAY Y -la For a portion of the Wasena neighborhood that was formerly industrial, adjacent to the Roanoke River and Roanoke River Greenway. The Urban Flex zoning district accommodates industrial uses but also allows for mixed use development such as occurred with the River House development. Following the same process as implemented in Wasena, a rezoning to the west area of downtown should be preceded by outreach to property owners. 28 The increase in residential units in the western side of downtown has created a growing demand for parks and open space to accommodate new residents and their pets. With larger park space located in the core of downtown, the need is primarily for pocket parks, small open space areas, which can be used as additional space for outdoor activities. There is potential that a pocket park in this area could also be used in a stormwater management role, capturing and storing stormwater by integrating green infrastructure and stomrwater best management practices. V I ION: Rezone Industrial loll ed properh to the west of doaurtoon to Er ban Iles. ACTIDS: Look for opporlu n i l ies to partner ssitI, S ornioater and Parks and Rec toe, Vale a pocket park area to the west of downtown. The South Jefferson Redevelopment Area is a major success story. This area south of downtown was formerly a major industrial area, with railroad uses, a grain plant, a scrap metal operation, a trolley bam, warehouses, and other uses. In 2001, the South Jefferson Redevelopment Area Plan was approved and paved the way for a major economic development initiative for the City of Roanoke and Carilion Clinic. The Roanoke Redevelopment and Housing Authority partnered in the acquisition of blighted property and the City of Roanoke used EPA Brownlields grants to assist with assessments and cleanup to help many of the properties enter into a voluntary remediation program through the state Department of Environmental Quality. The Bridges development sits on the site of the former Virginia Swap Iron and Metal Company site. The Virginia Tech Carilion School of Medicine and Research Institute formed in 2007. The medical school opened in 2009, with the research institute opening in 2010. Now recognized as the world leader in brain research, the research institute is preparing to double in size. iealth Sciences and Technology nnovation District IyYaiM,aNCaim C4rt dF10Eny1.WOssMeR Mo.enlro-apekua van Ewa <meyd�bdo-wY�e. man m.X9a.Me alo-waama nwnapamdwep p vYYYMYana,f W se.axfrsY. O vaen Mer..alWnm O AMIa 7 O caa.�4eY,pWMI Or.upn Patlm Mtlau, rY i� 1'I a R.."'xrw.O4 t J By the numbers .awd we,pxuW. .M tI Ife9anh art Ihw�IM XdbP'W IlwsNigpM xwm. ape potp n,a,zw.Mrlw•w aW aluMMa wdk al lM m[INIe. . Y p Y. wpm a los.400 .e W,. xw wu npp.. ap,p....,.w.n..ppa. Ms1el... SW IOmnNWle 16,11.1 wux.p ro, 4napwn . Vv9w iwAS sNrt oRM apYXM n fl<mYllw CalYmwal[MORNe w Wllbnq,s bMwvNfl nYYlm . ieN aP�la l0 a0] f100 Mllbn Ip .h urewrsRywWarveSMnln KYln &Aj en<rs ad leNCby wa l pe �v l SO* e — .500 nwn M Wmu an aapetlN IO M in Romhe a:ozz .1MmNW ycpcOldM,nm$4 en41me Mae C9N ,, -frla t.. .. sp0e}Olo. LzIW rq tzaa mlRlon non II. rvt.. ..' •RewYCXV51vR it. W.0 t IM5 )0 p,lonl IYIn9, dM ttWb,alMwpn 140 uM.nX4a n na Mro. . 1 6i09a5 n..M.w evaeb✓,Xpl la m n.. ...... , xtln a dal M I Mxbn apuM.l..l M�mmp+lv.•.aw.anpa ,...,,�...,.., 29 Virginia Tech and Carilion Clinic have formed a new $25 million venture capital fund as they look to invest and prepare for future growth that could spin off from the work occurring at the Research Institute. Hoping to keep some of this innovation in the area, they are looking at the area between the core of downtown and the South Jefferson Redevelopment Area as a potential Innovation Corridor, and hope to work with the City to help shape future development in this area. Once the general concepts for this district are established, City Council will need to consider the adoption of any plans and guidelines necessary to establish the Innovation Corridor. The proposed area in its entirety extends from Franklin Road at Wonju to the South Jefferson Redevelopment Area and north through downtown along Jefferson Street and across to the Hotel Roanoke and the Higher Education Center. The area to the south has been discussed as seven distinct Districts, as shown in the map above, with the area to the north identified as the Creativity District. As the South Jefferson Redevelopment Area grows and expands along the Innovation Corridor, it is important that this growth area to the south is well integrated with downtown. U "I ION:( re:ne a strategic plan (o support the Innmatinn (.'mTidor. ACJ ION: ks the Innovation Corridor grov, S. keep it coherent with Dowutoo11 Through good connections and Sienage. 30 Urban renewal projects and the decline of Henry Street as a commercial and cultural center resulted in Gainsboro being disconnected from downtown. The MLK pedestrian bridge has helped to forge a better physical connection; and the Roanoke Higher Education Center and the expansion of the At Pollard Culinary Arts program are great examples of how major renovation and new development can expand the footprint of downtown while also providing services to the surrounding neighborhoods. Opportunities for development in this area should be evaluated based on how they could provide better opportunities to the neighborhood. Public art should continue to be added at key gateways to the neighborhood to help celebrate the history of the area. This could include an expansion of the History Walk project. VC I ION: En Coll 'agc deN clopnn•ut In ojects that serre and provide I ansilion to the surrounding neighborhoods. 31 4. Enhance public space As Downtown Roanoke builds on what makes it unique and works to fill in the gaps while expanding its footprint, it is important that downtown remains welcoming and accessible. One of the most important roles that can be played by the City is in the maintenance and development of the public space, which includes parks, plazas, open space, streets, and streetscape. Making minor improvements in the public realm can help establish Downtown Roanoke as a top -notch destination while improving circulation and access. The core of downtown, from Jefferson Street at Elm Avenue up to the City Market Building is well served with park space and the City of Roanoke has created an axis of public space that is a strong feature of downtown. This existing park space is used for various events and activities and helps create a celebrated vista and seamless pedestrian access from Elmwood Park to the Market area. Holton Plaza is now complete and will add to this axis of public space. Minor additions and expansions of parks downtown could help strengthen this core area and provide additional park space to serve other areas of downtown. ■ . . .�� y,v x / Z/ � ■ w . W nw III n mazy ' rau+a.. zi UN e )a E Exisiting Parks ® New /Expaaded Parks ^— Lmk Run Greern+ay Mill Mountain Greenway Future Urban Loop nm.00n va,x 32 Improvements to the streets and streetscape can transform the way people access different areas of downtown. As downtown expands south connecting to the South Jefferson Street Redevelopment Area, improvements to the strcetscape can help to extend the walkability and bike friendly elements of downtown into this new growth area. Likewise, minor improvements to the circulation pattern of downtown can shorten travel times and eliminate confusion. Other enhancements to the public space can have big rewards. The provision of public all and streetscape elements help create a place that people want to live, shop, work and play. The empty lot next to the Wells Fargo Tower is home to the annual Christmas Tree display and is often used as space for other events, but during the majority of the year it sits as a barren void that greets visitors entering the Market area from the pedestrian bridge. Located just north of the City Market Building and directly south of the Hotel Roanoke and Conference Center and the connecting pedestrian walkway, the lot has the potential to be a key gateway into downtown. Polenlial design for Nolen Plaza, The lot should be framed with landscaping to create an open plaza, Nolen Plaza. Named after John Nolen, who wrote the City of Roanoke's 1907 and 1928 Comprehensive Plans, the plaza should commemorate Roanoke's 100 years of planning excellence. The plaza is also envisioned as the "zero -mile" location for the greenway system. The plaza will be left open on the Market Street side to allow for various programming, including placement of the Christmas Tree, construction of a stage, and the ingress and egress of food trucks. 33 The plaza should include trees, landscaping, and a feature that will help activate the space when not in use for events. The center of the plaza could be enhanced with a circular splashpad that will create an active use during the warm months, as children (and those young at heart) splash in the fountain -like sprays of water. Likewise, a piece of art that is interactive could also help activate the space. Another option is a passive water feature that incorporates flowing water which could be built along the edges of the space to help define the boundaries of the plaza along with landscaping and trees. The majority of the space should remain vegetated and walkways should utilize permeable pavement when possible. Other green infrastructure strategies should be employed within the landscaped areas to help capture stormwater. Creating Nolen Plaza, will complement the existing axis of public space and bring year round activity to this vacant lot. The plaza has the potential to be one of the more active areas of downtown. As conference -goers traverse the pedestrian bridge they will be greeted by a vibrant plaza that highlights the history of planning efforts that have combined to help make Downtown Roanoke a truly special destination. k( 1105: Create Nolen Plata by Iranting the space eilh landscaping, Ieacing the Market % Strcut side open to facililale other uses. 4C I [ON::1dd a feature to Nolen Plata to acticatc the space that still allow for the Christmas I I cc and other es ant needs. With over 1,500 residential units added since 2000, and more on the way, downtown has more residents and a few more pets. With limited opportunities to acquire new park space, the City should look to expand upon the properties already within its inventory. Implementing some minor changes can help add outdoor space without the high cost of acquisition. Adjacent to the Municipal Building's south entrance, Lee Plaza is a small plaza that includes the Roanoke Valley War Memorial. Expanding this plaza will create an opportunity for a beautiful civic space, enclosed by buildings, which can serve the growing west side of Downtown Roanoke and provide ample space for public events and other programming. The potential expansion of this plaza into a larger park is restricted by the encroachment of a parking lot and an overly -wide street. Decreasing the width of Church Avenue and removing the interior parking lot will create substantial space for additional green space. The loss of parking will be mitigated by the addition of more street parking along both 2 "d and 3`d Streets. Additional parking could be added along 2nd and 3 Streets if the 200 block of Church Avenue is closed entirely. The complete closure of this section of Church Avenue would create some disruption in the downtown street network; but, Church Avenue is already affected by an awkward offset intersection and has two parallel streets nearby that can accommodate additional traffic. Changes to the street network should be considered as part of an overall downtown mobility strategy. Potential redesign of Lee Plaza into a larger City Park. The City should also investigate opportunities to create small public spaces within the right of way. Utilizing the streetseape to create small linear parks can connect different areas of downtown, provide green space and seating, and reduce storrawater along the public tight of way. Small parklets, also can relieve some of the need for park space. These tiny park spaces are typically reclaimed parking spaces that can be permanently or temporarily sectioned off with seating and plantings. As changes to streets and strectscaping occurs, thought should be put into the possibility of creating small public spaces within the right of way. >( "110": Redesign the area :u omid [.cc Plaza to create a larger ( itv Nark by rcmos ing the interior parkin„ lot and using Church :Avenue space. V 110's: Create small public spaces oithill the right of oit,. 35 With Downtown Roanoke's expansion south to the South Jefferson Redevelopment Area, expectations are high that the area between these two ends of downtown will see substantial growth and development as the Innovation Corridor advances into fruition. As this occurs, more pedestrians and bicyclists will be utilizing South Jefferson Street and demand will be high for this corridor to promote a strong sense of livability that encourages investment and supports the residential market. Improvements to the streetscape are a great way to improve accessibility and link this area to the core of downtown. and the Jefferson Street Bridge. Fortunately, there is room to make some minor changes along South Jefferson Street. While the stretch from Elm Avenue south to the Jefferson Street Bridge is four lanes, it only has the traffic to support two lanes. A road diet along this stretch is not only preferable to allow for more pedestrian improvements and an improved sense of safety, but it is also warranted from the typical traffic counts. Decreasing the traffic to one lane in each direction with turn lanes at the traffic lights and where needed will allow for expanded sidewalks, curb extensions, and street parking. Bike lanes will help bicyclists traverse the Jefferson Street Bridge before transitioning back into a shared lane with motorists as they continue into downtown. Improvements to street lighting and the addition of street trees will help create a more pedestrian and bike friendly 36 corridor. Students and workers will be able to safely commute without a car and reduce congestion. It will also help solidify this South Jefferson Avenue corridor as Roanoke's next high growth area. Likewise, South Jefferson Street heading north from Elm Avenue to Salem Avenue has four traffic lanes open from lam to 9am on the weekdays. During the other limes of day and the weekend the outer lanes are used as puking. Closing these outer lanes to traffic permanently would allow for some sidewalk expansion, curb bump -outs, and parking. These changes would allow for more trees and green infrastructure, shorten pedestrian crossing distances, allow more space for directional signage, and improve sight triangles for cars turning onto Jefferson Street. V I ION: Repm pose right of rvax along South Jefferson Sri eel, both south and north of Hill. VCI ION: Implement pedesh hall and biCN Cie improvements and additional parking as app rnp ria le for each section. to include bike lanes, expanded sidewalk, street hees, curb bump outs, on- slreel parking, crosswalks, and green infrastructure. Most, if not all, Downtown Roanoke's streets originally had two -way traffic. Several Roanoke streets were converted to one -way traffic after World War 11 when the use of the automobile became the norm, suburban growth was rampant, and families began living further away from downtown. The one -way streets were designed to ferry people out of downtown, contributing to the decline seen in this era, because traffic was faster, drivers were less likely to notice storefronts and pedestrians felt out of place. Restoring two-way traffic is a tried and true revitalization strategy. Salem and Campbell Avenues were both converted back to two -way in the early 2000s, with considerable objection. Since then, downtown has prospered and many now support the changes after initially opposing the idea. At present, 1 st Street, and Church, Luck, and Kirk Avenues are the significant one -way streets in downtown. Conversion to two way streets would greatly benefit: public safety, as emergency response vehicles could respond more efficiently and traffic speeds would be slower; property values, as research has Pound an increase in property values along streets converted from one - way to two -way; and overall livability, as studies show that people view two way streets in downtown as more desirable and stress -free. Analysis of these streets should be done to determine if the current traffic pattern is optimal or if some changes are warranted. Potential changes may include conversion to two -way traffic, redirection of one -way traffic and slreetseape improvements. In converting one -way streets to two -way traffic as much on- street parking as possible should be retained and new opportunities for green infrastructure should be considered. Specific changes to the direction of streets should be coordinated with property owners and businesses as part of a separate process and not decided within a larger area -wide plan. The Downtown Roanoke 2017 plan hopes to give some direction to those future discussions by describing current situations and suggesting some future improvements. • (aneiM1nuuntr:vuwnw MOa MbNn n.,,,.r w,,,I,.,,,,r,,, ,,, Church Avenue between Jefferson and 5th Street is the largest one -way street. Church Avenue between Jefferson Avenue and 1 st Street is significantly narrower than the rest of the street. Conversion of this block to two -way traffic would reduce on- street parking, as one side would need to be removed. Conversion to two -way should be evaluated for the entire length of Church Avenue (Jefferson to 5th Streets), but particular attention should be paid to the block between Jefferson and 1st Streets to weigh the potential impact. Kirk and Luck Avenues and portions of 1 at Street are much narrower. 1 st Street should be converted to two way, except for the narrow portion between Campbell and Church Avenues. Both Kirk and Luck Avenues have one -way traffic in opposite directions. Kirk Avenue is split by Jefferson Street and Luck Avenue is split by I st Street. This negatively effects circulation as drivers are forced to either use heavily traveled Campbell Avenue or Franklin Road to Jefferson Street in order to access the blocks east of 2nd Street. Portions of these streets should be reversed to keep them in a single direction and they should be modified along with other changes to improve the overall circulation. • �- - •,�.,u..mww.,.wcavn I, • Cae.wvx�e��- NwMSiwr <✓1 wM M. 1 _ �� x w�arv�n Mpa N,..�vwM grwrb, vn Wp[r.nn OUnMxvan. un .,u^iwnM q,by11A(W \4R✓,n m.rvpLNV,(Lmepb.rowtl � bY.nr.nlmgwr,iy • (aneiM1nuuntr:vuwnw MOa MbNn n.,,,.r w,,,I,.,,,,r,,, ,,, Church Avenue between Jefferson and 5th Street is the largest one -way street. Church Avenue between Jefferson Avenue and 1 st Street is significantly narrower than the rest of the street. Conversion of this block to two -way traffic would reduce on- street parking, as one side would need to be removed. Conversion to two -way should be evaluated for the entire length of Church Avenue (Jefferson to 5th Streets), but particular attention should be paid to the block between Jefferson and 1st Streets to weigh the potential impact. Kirk and Luck Avenues and portions of 1 at Street are much narrower. 1 st Street should be converted to two way, except for the narrow portion between Campbell and Church Avenues. Both Kirk and Luck Avenues have one -way traffic in opposite directions. Kirk Avenue is split by Jefferson Street and Luck Avenue is split by I st Street. This negatively effects circulation as drivers are forced to either use heavily traveled Campbell Avenue or Franklin Road to Jefferson Street in order to access the blocks east of 2nd Street. Portions of these streets should be reversed to keep them in a single direction and they should be modified along with other changes to improve the overall circulation. Church Avenue between 3 and 5" Streets. ACTION: Develop it Doontnwn ylobilit% Strategy and work with stakeholders to implcmenl. The City has done a tremendous job supporting public an throughout downtown. The Roanoke Arts Commission oversees the implementation of the Roanoke Public An Plan, adopted in 2006. The Commission has overseen the installation of dozens of temporary and permanent public art pieces within the downtown. The City has also installed art on the city buses and trashcans in addition to supporting several mural projects. During public discussion for the Downtown Plan there was widespread support for public art and often a desire for more installations throughout downtown. There are several opportunities for additional public art in the downtown. As mentioned, the City Market Building would be an �4 lip tN t' Potential r «aflninns rt ons '....� LeBenE � • � •� 39 ideal location for a significant art piece that is a major attraction to downtown. In addition, some of the new and old park spaces would benefit from the addition of public art. At the comer of Elmwood Park where Franklin and Elm Avenues meet, a public art piece would act as a gateway to the park and signify the connection between the Innovation Corridor and the core of downtown. As Holton Plaza is completed, public art would be a great addition to this space. Public art would be an important addition within the proposed Nolen Plaza, City Park (the redesigned Lee Plaza area), and the potential pocket park along Campbell Avenue, Likewise, public art can be used to help with connections under 1 -581 and to celebrate the history of the neighborhoods to the north of downtown. ■ � . P,.J a Another way to add vibrancy within the downtown is to pursue ways to liven up the alleys. The City's Solid Waste Management division established five sealed compactors within the core of downtown that accept trash and recycling from residents and businesses. This has contributed to a clean, attractive strectscape within downtown, free of clutter, unpleasant odors, unwanted pests, and debris. The alleyways downtown in particular have benefitted from this change in solid waste pickup. The alleys are located throughout downtown and offer the opportunity for various treatments to liven up the area. In other locations, lighting, arched gateways, plantings, and public art installations have been used to brighten up these otherwise neglected areas. Additional lighting in alleyways can be used to create a more welcoming and safe atmosphere. Lights can be streamed in zigzags across the top of the alleyways. An arch could be installed at the entrance to an alley to catch pedestrians' eyes. Plantings can be installed vertically on the walls, or placed in planters on the sides of the alleys. Pervious pavement retrofits could be completed to reduce stormwater runoff. An could have a historic or cultural relevance to Roanoke, or be commissioned by a local artist. Possibilities include a tile mosaic, woodworking, collage, or moral. This 40 ALLEY #111, AUSTIN, TX, Completed April 2013 htto: / /www.fyoog.com /20 -ft -wide/ 1 piece of an could be interactive, engaging people to take pictures with the wall, etc. Pop up art shows rotating from alley to alley is another way to focus art into these areas. Alleyways could be themed, based on their history or points of interest that they currently help connect. The treatments within the alleys will help establish them as outside rooms. These alleys should also be considered for opportunities for event space, alley parties, and other temporary programming or permanently closed to traffic to create public space that could further integrate the alleys into the fabric of downtown. Downtown Roanoke's alleyways have the potential to be a positive, multi -use space instead of space that community members typically avoid. The renovation of Roanoke's downtown alleyways could be a draw for downtown and generate more outdoor areas for people to gather. A(C110N: Expand art installations to other Ace areas of doruiumit. M IION: Eisen up the alleys wfill arl, lights, and other unique tre2truenls. The public had a lot of concern regarding anti - social behavior and the effect this behavior had on people's perceptions of Downtown Roanoke. Due to this concern, efforts have been made in the past to eliminate seating in public spaces-. Unfortunately, this has not deterred panhandling and anti- social behavior but has instead prevented people from using these spaces, in essence making the problem worse. The best way to handle the problem is to make our public spaces attractive and functional for everyone. If these spaces can be activated and used regularly, the mere presence of `eyes on the street', a term coined by Jane Jacobs to describe the activity and presence of street life in her seminal, The Death and Life of Great American Cities, can detract the anti - social behavior. There is no set tipping point, and each location is likely different. Some locations may not attract enough people to warrant the addition of amenities, but those public spaces that are ripe for activity should be programmed as such. If an undesirable element is using the chairs and tables that are placed places designed with distrust get what they are looking for within the space, then more table and it is in them, ironically, that you will most likely find a and chairs should be added to create opportunities for others to (undesirable). You will find (undesirables) elsewhere, but it is use the space and create the `eyes the empty places they prefer, it is in the empty places that on the street' element that will they are conspicuous — almost as if, unconsciously, the design begin to deter the anti - social was contrived to make them so. behavior. In doing so, it is pertinent to use seating that is designed for The Social Life of Small Urban Places, William H. Whyte urban areas. Often this seating will be built in a way to deter users from lying down to help minimize the issue of overnight users. In order to better manage downtown's public spaces, the City should work closely with the City Police Department Market Square has recently been adopted as a city park, which will allow enforcement against late night loitering. During the public planning process, the police department was often complimented for their efforts working within the downtown area but comments often suggested the need for more enforcement. The City should work closely with Downtown Roanoke Inc. and the City Police Department to monitor the situation of anti- social behavior in the downtown area. Active public spaces are a primary element for placemaking, and if Downtown Roanoke is to achieve success as a walkable urban place that contributes to the region's livability, then efforts should be made to maintain public spaces that are not mere blank, lifeless plazas but comfortable locations to sit and enjoy the movements of the city, eat lunch, place a phone call, scan the headlines, or work on one's mobile device. The addition of seating is not a guarantee that anti- social behavior will be reduced, but at least downtown's prominent public spaces will be accessible for everyone. V IION: Put in place seating that is designed for urban areas. Create encirnnnlenls to encourage 'ens oil the street' within IIUN111mRn public spaces. A(. "IION: Rork ssith police department to reduce anti - social behavior. 42 for the placement of each business name on the signs to help recoup some of the costs for the block by block wayfinding. As the regional points of interest and block by block wayfinding programs are put in place, it may also be valuable to have a small location map placed along with the wayfinding. There are a few of these points of interest maps around downtown already, they could be used with some of the other directional signage and located in more areas of Downtown Roanoke. The adjacent Market Square Walkway Map example also maps the greenway network. Efforts should be made to create better directional signage for the Lick Run and Mill Mountain Greenways and the future connection to Tinker Creek Greenway as they connect through downtown, either utilizing the aforementioned wayfinding efforts or creating specific wayfinding for this section of greenway. Examples of efforts in other locales include metal medallions placed within the sidewalk or roadways, or more traditional or modern signposts. Improving this route through downtown will help draw attention to close proximity of the greenway system and the many points of interest connected by the greenways to Downtown Roanoke. -77,14 A( 'I ION: support regional stay tin d i ug project. 1( IION: 1:nhauce directional signage in Dornuoon Roanoke, connecting different expansion areas, businesses, grccnwvn, and kec points of interest. 44 Downtown Roanoke is encircled by neighborhoods and these connections should be strengthened to encourage more travel on foot and bike into downtown. There are several barriers that hinder the neighborhood's connections with downtown. The railroad lines separate the neighborhoods to the north, the railroad tracks and the Interstate 581 separate the core of downtown from the Southeast neighborhoods and the South Jefferson Redevelopment Area, and the Roanoke River separates the South Jefferson Redevelopment Area from its surrounding neighborhoods. The neighborhoods to the southwest and west of M.rt t downtown have fewer barriers but are still confronted by voids that make accessing downtown more difficult or less comfortable. These voids include vacant lots, inactive storefronts, parking lots, fenced lots, underutilized warehouse or industrial buildings, or busy street crossings. Major street crossings should be improved to better accommodate pedestrians with pedestrian signals, crosswalks, and shorter crossing distances. The underpasses that create barriers for many of the neighborhoods to the east and southeast can be brightened up with improved lighting and an projects, such as the Gateway Mural at the intersection with Tazewell Avenue and Interstate 581. Other underpasses could benefit from similar treatment, and signage could help navigate pedestrians and bicyclists through these narrow passages. Efforts will be made to encourage infill development to fill in the voids and decrease the vastness of barren parking, fenced lots, and vacant buildings along the edges of downtown, but this type of change will be market driven and not likely to occur overnight. Good signage and pedestrian accommodations along the right of way can help encourage cross connections from the neighborhoods to the downtown. 45 vI It 14; yy,77■.. .. Y. -W f y._ C.- i■ . rr %( I ION: Improve critical street crossings to be more accommodating to pedestrians. a( °I ION: Encourage infiIIto i [it pro%e voids created It vacant lots, and use art, lighting• and signagc Io oserco Ill ° physical barriers. A( I ION: create an Orhan Loop grceTIN' ay encircling (I ossnlown, using existing grecmv: %, intprorcntads to ('untpbell and Patterson. and branded signage. Downtown Roanoke has a variety of different parking options. Free on- street parking varies from 30 minutes to 2 hours depending on location. There are both private and public parking lots and decks with a variety of hourly, daily, monthly, or annual pricing. Many of the lots and parking decks have been updated and now accept credit cards. The public largely felt that parking in Downtown Roanoke was adequate and available, but there was concern that the perception of parking was a problem for downtown as those that do not regularly travel to downtown might not have a good idea of where to go or might be thwarted when they arrive during a big event and have difficulty finding parking. The public often cited that the on- street parking, which was coveted because it was free and close to destinations, was typically full. 47 The City of Roanoke is testing parking meters for on- street parking in the downtown. After the pilot project, the city will consider if this is the right path forward. The parking meters will help encourage turnover of on- street parking. The Downtown Roanoke 2017 Plan would encourage the use of parking meters throughout the core of downtown, to discourage long term parking use of the on- street parking spots and leaving those spaces available for short term parking during daytime business hours. The meters may potentially discourage the daytime worker from shuffling their car throughout the day and leave those on- street spots to the customer trying to run in for lunch or to make a purchase. It is important that parking be priced to create a 15 -20 percent vacancy rate. As the pilot project is reviewed it may prove worthwhile to adjust the pricing to find the equilibrium of use and turnover. rl The City of Roanoke should explore new signage to improve visibility and navigation to the public parking decks. Improved signage will help infrequent visitors find the available parking. During peak times and special events, it may also be helpful to know the availability of the parking decks before entering. Real -time digital vacancy signs can provide an easy way to notify visitors where the best areas are to park and which parking decks are full. These digital signs can be posted outside of the major decks and potentially new the exit ramps off of Interstate 581. The City of Roanoke should explore the possibility of utilizing this technology as part of a long term strategy to help visitors find puking in Downtown Roanoke. As the vacant office space within downtown begins to become occupied, there will be a tightening of parking availability in certain areas within the core of downtown. Seeking more office uses within Downtown Roanoke, there may be a shortage of parking for daytime employees that could be a limiting factor in recruitment of businesses. As the City of Roanoke is still paying for the parking decks that it now has in its inventory, it is unlikely at the present time to build an additional parking deck without the support of a public private partnership. As new development occurs within downtown the City of Roanoke should look for public private partnership opportunities to help build structured parking as part of a larger development. V "I ION: I c parking meters to increase rut norer of street parking'. V0110": Ileselop long term slrategr fur signage to help idenlits parking facilities. :A('LION: Look ko public pi isaIe partnership oppurtuniI ius to assist with parkin;; decks to support nest des cloputcnt. 48 Downtown Roanoke can also reduce parking demand and auto congestion by supporting new modes for people to arrive to downtown. On bike, bus, or train, a rider on one of these alternative modes of transportation will reduce the number of vehicles in downtown, essentially having the advantage of being a downtown user that didn't have to drag their car with them. Bike share is an excellent idea for the City of Roanoke and the surrounding area. Ride Solutions recently started a bike share nearly overnight with primarily private funding. The bike share has been tremendously popular and helps connect the neighborhoods and their village centers with Downtown Roanoke and the greenway system. The Downtown Roanoke 2017 Plan recommends expanding the bike share by encouraging new private and public investment for more bike stations in the downtown. Currently at 13 stations, downtown and the surrounding neighborhoods could benefit from several more stations helping to connect the neighborhoods with Downtown Roanoke and to facilitate people taking short trips on bike versus a car. Another popular way to move around downtown is the Star City Trolley. The free trolley service is operated by Valley Metro as part of the city's public transportation system and connects the core of downtown to Carilion Roanoke Memorial Hospital, the Virginia Tech Carilion Research Institute, and the surrounding neighborhood. The trolley is a joint effort funded primarily with federal and state funds along with a couple local partners: Carilion, Downtown Roanoke Inc., and the City of Roanoke. The trolley with its historic appearance was a very popular point of discussion with the public, and it was often mentioned that the City should add another trolley route. Often Grandin Village and Wasena were mentioned as possible stops. A new trolley route would not only encourage people to arrive in downtown via trolley but may also help extend the stays of visitors and guests who spend an extra day exploring Roanoke's unique village centers. The City of Roanoke should look for future partnership opportunities to fund and operate another trolley route linking even more of the city with downtown. 49 The platform for the new Amtrak service to Roanoke is located in Downtown Roanoke. The train service will be a great amenity for residents in the Roanoke Valley and may likely create a new avenue for tourists and business travelers alike. Although train stations are typically centralized, stations in many cities are in areas of town that are inconvenient or seldom traveled. Roanoke has the advantage of having its stop in a very walkable location in the middle of Downtown Roanoke. As the center of business, culture, and entertainment, Downtown Roanoke is well suited to benefit from this transit stop. It will be important to provide directional signage to help arrivals navigate around downtown or find transportation for their next destination. A city map and directional signage will help encourage visitors to stay in downtown and discover the many different restaurants and businesses that are all within walking distance. %( I ION: Support the continued expansion of bike share. .1(710A: P:mluel. ssilh private entities to initiate an additional h'olley service. A( ZION: Provide information and directional si,oal;e to help amtcak passengers reach their (lest i nal ion. 50 6. Maintain and Market Downtown Roanoke has an opportunity to be a premiere destination for tourists seeking to explore a unique walkable urban environment with a variety of retail and amenities located within a close proximity to outdoor recreation. For the same reasons, downtown should be a strong attractor for prospective businesses coming into the region. In order to help Downtown Roanoke stand out above other competitive downtown markets, downtown needs to be maintained and kept in pristine condition to help promote it in the best possible light. Although regular users may learn to ignore the pile of cigarette butts and trash left in the tree wells, the visitor quickly makes note of this lack of cleanliness and may lose the sense of Downtown Roanoke as a special place. The City of Roanoke should evaluate its routine cleaning and maintenance schedule and look to add staff where necessary to improve current conditions within the downtown. Downtown Roanoke Inc. (DRI) should help monitor cleanliness issues, reporting situations to the City. Voluntary clean up events can also play an important role in keeping downtown clean. The City of Roanoke should also continue to support fagade improvement programs, to help businesses clean, maintain, and upgrade storefronts. Programs such as the Downtown Roanoke Beautification Grants supported by DRI can help business and property owners to spruce up their storefronts. With opportunities for assistance available, business and property owners should be encouraged to make these aesthetic and health and safety related improvements. The City of Roanoke should evaluate its current policy on maintenance of encroachments in the right of way and either pursue tighter enforcement or consider amendments to the policy to ensure that signs, awnings, and outdoor dining placed in the right of way are maintained. ,A('TION: Deep it clan, increasing staff to maintain and clean doonIonn. VI ION: Enforce it police on maintaining encroachnicntc in the right of way, to include signs, :mnilws, and outdoor dining. 51 Downtown Roanoke Inc. (DRI) has been funding the purchase of hanging flower baskets for the downtown light posts and has been adding more and more baskets every year, allowing them to cover a growing expanse of downtown. DR] has staff to water and maintain the hanging baskets within the Market area, but is not able to maintain some of the hanging baskets along Jefferson, and western portions of Campbell and Salem. The City of Roanoke has been assisting with the maintenance of these plants, and as the area of coverage grows, the City of Roanoke and DRI should coordinate and find ways to water and maintain the plants. The hanging plant baskets help connect and beautify areas of Downtown Roanoke. They are a valuable piece of the aesthetic appeal of downtown. .kC IION: Continue eNpans'ion ofhauging plant% in the downtown at ca and coordinate Cite and DRI to handle maintenance of tile plenty. One of the great traditions within Downtown Roanoke is the abundance of events that occur throughout the year. These events draw people into downtown and help keep downtown active and festive. Some events do however require road closings and other special accommodations, which may impede some businesses from their normal flow of business. Efforts should be made to rotate locations around downtown, and to look for areas outside of downtown that may be appropriate for smaller events. Encouraging events to occur in other parts of the greater downtown area can get people into parts of downtown they don't typically frequent, which could help strengthen connections between those areas and the core of downtown. The Special Events Policy should allow the special events coordinator to be more selective, looking for special events that have the biggest draw, a history of success, celebrate our unique culture and growing diversity, and are otherwise significant enough for Downtown Roanoke. The Special Events Policy has been updated and will be implemented beginning January 2018. V( I ION: ht order to avoid beilw ucerused, identifi other m eas that smaller erents can occur. 52 Downtown Roanoke should strive to be a top destination within the State by continuing to work on placemaking and marketing. Build on the efforts of Virginia's Blue Ridge and market Downtown Roanoke to potential businesses and residents, developers, current residents, and visitors. A marketing campaign should be City of Roanoke specific, with a big focus on the downtown. With the new Amtrak service, it would be valuable to extend marketing to the northeast area and perhaps target the Amtrak newsletter, The National. Many people are not that familiar with Roanoke, so building familiarity will help create a draw to our vibrant downtown. V( "I ION: Building on A irginia's Blue Ridge, fund a marketing campaign Ihal reaches a rc,,ional audience and describes the uniqueness of Roanoke. 53 Downtown Plan 2017 Implementation Matrix 1- A- Encourage Fears onovaher and In pport the had of historic tax credits. Povide cocoa, for and lobby m maintain the historic tax,edit. 1 -B'. Protect historically significant buildings in the tlowntown. Expand the local historic district to ewer other significant areas of tlowntown. 1-C Preserve signs and murals that add to the fabric of Downtown. Document the si,onflont signs and murals. recogmzing them as partoflhe city's art and culture 1 -D Marketthe close proximity to the mountaanS, Roanoke River, Blue Ridge Parkway, Maintain grenway maps that an be used to help visitors explore beyond downtown. antl Appal, Far Trail. Support the reception of an AT shutlle connecting downtown to nearby Frail heads. 1 -F. Celebrate the unique culture and growing diversity of Roanoke. Encourage historic, cultural, and community based events within the downtown. 1 -F Support Downtown Roanoke's position as the regional center for the Virginia Blue Review development standardybools to ensure the proper mix of uses and design elements to reinforce a vibrant pedestrian environment. Ridge area. Develop a Pedestrian Area Plan that evaluates design standards, zone ng and streetscape elements. 2A Work to it 11 vaa nt storefronts . Connect small businesses wit hinf ormation and resources to help them use downtown spaces. Target and resume businesses To occupy downtown buildings. Use DR' ad a forrinfor W connect with and support existing businesses 2 -B: Repair voids l n the streetscape and improve the pedestrian realm, while supporting Make maintenance of existing stroboscope elements a top priority in the downtown aided by regular) nspection by DRI. infill development Repair street lighting when necessary. Look for opportunities to extend the core streetscape elements, oreatinga consumers pedestrian experience. 2L: Impove the area around Campbell Court Redevelop the transit center seeking opportunities to create connections with passenger rail and other transportation options Improve streetscape along the Salem Avenue side of the Campbell Court area 2 -D'. Activate the Gty Market Building. Encourage the Implementation of portable market stalls and retail cans within the City Market Bo llding- Work with the Market euiltlin, Foundatlon, DPI, and the City Arts Commission to Install signature art piece in the City Market Builtling- 2- E'. Enhance the pedestrian experience within the Market area Raise the street to sidewalk level along Market and Wall Streets, to allow for better use when closed for events and to slow speeds when open for traffic Expand the sidewalks on the opposite side from the City Market Building 2 -F Support the City Farmer's Market_ Study opportun,t.ds to activate the season of market stalls along Market Street between church and ends, 2 -G Support appropriate floodplain management. Use the downtownfleod study to advise downtown property owners of the flood potential for their properties. Make the extended floodplain evaluation available to the public, 2- H- Reduce flooding by encouraging stormwater and greenlnfristfucwre projects In Identify stormwaterimpro emnnt projects In downtown to prioritize. tlowntown. Increase green Infrastructure, such as tree canopy, green roofs, rain gardens, rainwater harvesting, and green streets. Educate property owners In Randall areas to encourage appropriate flood proofing measures. 3,A Build on new growth to the west of downtown by encouraging redevelopment of Rezone Industrial zoned properry to the west of downtown to Urban Re, . cant buildings. Look for opportunities to partner wiin Stormws W r and Parks and Red to create a pocket park area to the west of downtown. 3 -B: Capitalize on the expansion of the Sv Uth Jefferson Redevelopment Area Create a strategic confider plan to support the Innovation Corridor As the Innovation Corridor grow; keep It coherent with Downtown through good ronnednons and signage. 3 C: Encourage development to the north of downtown to be connected with the Encourage tlevelopment Prothro, that serve and provide transition to the surrounding neighborhoods . mounding neighborhoods. Downtown Plan 2017 Implementation Matrix 4A: Improve theempty lot next to the Wells Fargo Tower Into an active plaza. Create Nolen Plaza by train ing the space with landscaping, leaving the Market Street side Open to facilitate other uses. Add a feature to he ep Pla xa to aft ethe space That still Those, for the Christmas Tree and other event needs. 4 -B: Create new park spaces. Redesign the area around Lee Plaza to create a larger City Park by removing the interior parking lot and using Church Avenue space. Create smart An In spaces within the right of way. 4-G Improve connections to South Jefferson with Improvements to strae6co pit pattern right of way along South Jefferson Street, both south and north of El in Implement pedestrian and blc,de improvements and additional parking as appropriate for each section, to 1home bike lanes, expanded sidewalk, street tees, curb bump outs, on shot up king, crosswalks, and green Infrastructure. 4 -U: I in prove mobility throughout downtown streets. Develop a Downtown Mobility Strategy and work with Stakeholders to implement. 4 E: Add art and other treatments to add vibrancy to tlowntown. Expand art Installations to other key areas of tlowntown. Liven up the alleys with art, lights, and other unique taeaterem6. 4 F Reclaim public Spaces and amenities for appropriate civic use by a lL Put In place seating that is designed for , than areas .Create environments to encourage eyes on the stree t within downtown public spaces. Work with police department to reduce act,conal behavior. SA: Support directional signage throughout downtown. Support regional wayflndng pmlect . Enhance directors l signal n Downtown Roanoke, connecting different expansion areal businesses, greenway, and key points of Interco, 5 -B: Create strong pedestrian and siecle connections to the Ganybouro, Belmont, Old Improve critical street crossings to be more accommodating to pedestrians. Southwest, MUrt Park, Mountain View and West End neighborhoods, Encourage inFlllto Improve occur shaped by vacant lots, a no use art, IlgM1nng, a no signage to overcome physical barriers. Create an Urban Loop greenway enciduring downtown, using existing greenway, Improvements to Campbell and Patterson, and branded signage. 5C: Ma ke efforts to lmpmve the user- friendliness of parking in downtown Use parking metersto,ncreaseturnooerofstreetparking - Develop long term strategy for signage to help identify parking foci lilies. Look for public private partnersh p opportunities to Sr i9 with parking decks to su pport new development. 5 -D: Expand multmodal connettions In tlowntown. Support the continued expansion of bike share. Partner with private entitles to initiate an additional trolley service Provide l nfmmation and directional ognage to help Amtrak passengers roach their dertinatem 6A: Maintain downtown to Show visitors that we recognize it as a special part of our Keep it clean, Increasing staff to maintain and clean tlowntown. community Enforce apolicy on mountanning encroachments In the right of way, to include signs awnings, and outdoor dims! 6B: Support ae sthe na nreetssape treatments within the downtown. Continue expansion ot hangs ng plantsethe downtown area and coordinate City and DRl to handle maintenance of plants. 6C Support special events,n our downtown, recognizing a need to be selective to avoid In order to awed hang sciences, identify other a yeas that ima III events can occur. and continual disruption. 6VD: Ma�rket downtown to businesses, developed, visitors, and current and potential Building on Virginia s Blue Ridge, fund a marketing ca mpaign that reaches a regional audience and describes the uniqueness of Roanoke. residents F4] The Roanoke Times LACCoanf Nambe, Roanoke, Virginia 6011439 Affidavit of PublicaGOn t.IlYUI i:oc.Nr;aL IIU December 05, 2017 glln Ln,LL e, ll5(11 KH(tl/'I LuANPu(1 VA ?TAI hale ,' t g ly D snipl Ad 5ize Total Cost 1?1(117 L,ANotnes Pl1eLIC Fit. ARING NO TICE Any ya51n: hcann91 aMceised 1. 1x287L 1.05784 Publisher of the Roanoke Times I, (the undersigned) an authorized representative of the DEC 14 2017 Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice PUBLIC CITY OF ROANUKE HEARING NOTICE A was published in said newspapers on the PLANNING BUILDING S following dates: DEVELOPMENT 11126 1210512817 The First insertion being given... 11128/2017 ' Newspaper reference: 0000655680 Billing Representative Sworn to and subscribed boars me this Tuesday, December 5, 2017 Notary Puh is State of Virginia GitylCounty of Roanoke My Commission expiresl�/ /,/ PEG. S THIS IS NOT A BILL PLEASE PAY FROM INVOICE. THANK YOU '* ... PUBLIC HEARING NOTICE ed „Srr 1,. YU,.r 6„I 1 If 1,11, �� L I II IM' I I lug 1 II I 1 1 I., IIIIIII, I III 1 1 ^I .I d I 1,151111 II 'rC+ 11 1 Imr , iF N tlr,.�111 ,n•1 J A IIrLn II L. 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JO�I If aryl Weri d't IIFI'W SL .I a. 1 1 SnIL1H p'.(cy nin Iop I Ta or] r l o-.l I',I la it I t"IIJ in u u, F. m lu 1.....I u:11, 11 +r 00 11 11 Ilt I W.L_ Ib. num M1i,l 1z goJElIna 1,:nall nim'IFU "Om of lnl. 11 {,n1.,.Ti11 1 nl Iin' -"II M nuo I ' 'I no" OFE, II 1 I..puan fl, it 11,11 t, r Ic inu, oF.I f F cur 1 1 I L no.o'. L, sE i, 11'.rl oeI 1 ul 1 i F,r 1 I I u wo pF rlsa.l a iag em55 NSes,nl Sp. VrW_ LAPS .... Rl F J . r f 9F iM1I,ICU IJ ILIF 1,111, A Irr' IT 11 IC. M% [131 T! "I"ll rl Ih.l sn L'I I I�pi lr ar'.. n S nJ J I o Imn tj S mr v L I El F. s c r.I,CZ 1 ill -1 a o III IF . a "l 1 ncl ri I ' I I IF I. FEFE I sirar. Lm , .n n 1 I 111 11 It A Ir s 31t nfF, -LF o °,. 10 .V 111101 1 11 1 roo 11 >• I ie In 1 71 L LL lar I 1 71 IF I 0 .. 13 11 F1 r L F i 9 IF I C 1 IF $1 y 6 PUBLIC IIEARING NOTICE PUBLIC HEARING NOTICE Any public hearings advertised herein will be held in the City Council Chamber, fourth floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. Any applications will be available for review in the Planning, Building, & Development office, first floor, Room 166, 215 Church Avenue, S.W., Roanoke, Virginia. The City of Roanoke Planning Commission will hold public hearings on December 11, 2017, at 1:30 p.m., or as soon as the matters maybe heard, to consider these applications: Application by Star City Lodging, LLC, to rezone property located at 536 Orange Ave NE, 0 Orange Ave NE, 0 Williamson Rd NE, 0 Short St NW, 0 Louisiana Ave NE, 0 Louisiana Ave NE, 0 Louisiana Ave NE, 0 Louisiana Ave NE; bearing Official Tax Parcel Numbers 3020203, 3020207, 3020209, 3070909, 3041712, 3041713, 3041714, and 3042223, respectively; from Commercial General District (CG) to Mixed Use Planned Unit Development District ( MXPUD), subject to development in substantial conformity with a MXPUD development plan revision dated November 16, 2017, and Commercial General District (CG), subject to conditions restricting vehicular access to existing access points and requiring cross access and parking agreements for the subject zoning parcel. The land use categories permitted in the MXPUD District include residential; accommodations and group living; commercial; warehousing and distribution; assembly and entertainment; public, institutional and community; transportation; utility; agricultural; and accessory, with a maximum density of one dwelling unit per 1,800 square feet of lot area. The land use categories permitted in the CG District include accommodations and group living; commercial; industrial; warehousing and distribution; assembly and entertainment; public, institutional and community; transportation; utility; agricultural; and accessory; with no maximum density specified and a maximum floor area ratio of 5.0. The comprehensive plan designates the property for small and medium scale commercial use, but does not specify density. The proposed use is a hotel with possible future commercial development. Application by the City of Roanoke to vacate a portion of Villa Heights Park and to release the public's right to use a portion of Villa Heights Park, such portion being the entirety of real Property owned by the City of Roanoke located at 2750 Hoover Street, N.W., and designated as Official Tax Map No. 243 0601 . A request by the City of Roanoke to consider an amendment to Vision 2001 -2020, the City's comprehensive plan, to replace the Outlook Roanoke Update adopted in 2002 with the new Downtown Plan 2017. The downtown plan will recommend policies and actions aimed at building on the current success of downtown and aiding in its continued revitalization and growth over the next 20 years. The plan is structured around six themes: 1) Build on Strengths: Use the historic, architectural, and loeational strengths of downtown to build a base for future growth by supporting historic renovation, protecting historic resources, marketing downtown's proximity to cultural and natural amenities, and supporting the development of n Pedestrian Area Plan to expand the walkable urban environment of downtown; 2) Pill in the Gaps: Connect small businesses with resources, target and recruit business to occupy downtown buildings, maintain and extend the strectscape, make improvements to the Campbell Court and Market Street areas, and encourage appropriate stormwater management; 3) Expand: To the west, support an urban flex zoning district to encourage continued growth in the area; to the south, support the creation of a strategic plan for the proposed Innovation Corridor; and to the north, support development projects that serve and provide transition to the neighborhoods; 4) Enhance Public Space: Make minor additions and expansions of downtown parks to provide additional park space, repurpose right of way along Jefferson Street, improve mobility of downtown streets, and use art and other treatments to add vibrancy to public spaces; 5) Strengthen Connections: improve critical street crossings to be more accommodating to pedestrians, create an Urban Loop greenway that encircles downtown and connects to the existing greenway, and support downtown wayfinding to destinations, parking, and other modes of transportation; and 6) Maintain and Market: Maintain downtown as a showcase that can be marketed regionally as a top destination. Tina M. Carr, Secretary, City Planning Commission City Council will hold public hearings on the aforesaid applications on December 18, 2017, at 7:00 p.m., or as soon as the matters may be heard. Any person with a disability requiring any special accommodation to attend or participate in the hearings should contact the City Clerk's office at (540) 853 -2541 at least five days prior to the scheduled hearings. Stephanie M. Moon Reynolds, MMC, City Clerk The City of Roanoke Board of Zoning Appeals will hold public hearings on December 13, 2017, at 1:00 p.m., or as soon as the matters may be heard, to consider these applications: Application filed by Got Soap, LLC, for property located at 313 13th Street, S.W., bearing Official Tax No. 1212715, zoned CN, Commercial Neighborhood, for a special exception pursuant to Section 36.2 -315, Zoning, Code of the City of Roanoke (1979), as amended, to permit parking, off -site. Application by Ann Janney- Schultz for property located at 1914 Westover Avenue, S.W., bearing Official Tax Map No. 1330807, zoned RM -1, Residential — Mixed- Density District, for a special exception pursuant to Section 36.2 -311, Zoning, Code of the City of Roanoke (1979), as amended, to establish a homestay. Application by Alexander Lipme for property located at 3121 Corbieshaw Road, S.W., bearing Official Tax Map No. 1650201, zoned R -5, Residential Single - Family District, for a special exception pursuant to Section 36.2 -311, Zoning, Code of the City of Roanoke (1979), as amended, to establish a homestay. Application by Adam Thomas for property located at 1906 Cambridge Avenue, S.W., bearing Official Tax Map No. 1330108, zoned RM -1, Residential - Mixed- Density District, for a special exception Pursuant to Section 36.2 -311, Zoning, Code of the City of Roanoke (1979), as amended, to establish a homestay. Donna M. Payne, Acting Secretary, City Board of Zoning Appeals Please publish in newspaper on Tuesday, November 28, 2017, and Tuesday, December 5, 2017. Please bill and send affidavit of publication to Tina M. Carr Secretary to the Planning Commission Secretary to the Board of Zoning Appeals Planning, Building & Development City of Roanoke Noel C. Taylor Municipal Building 215 Church Avenue, SW, Room 166 Roanoke, VA 24011 540/853 -1730 tina.carr(iilroanokeva eov Please send affidavit of publication to Stephanie M. Moon Reynolds, MMC, City Clerk 215 Church Avenue, S.W., Suite 456 Noel C. Taylor Municipal Building Roanoke, Virginia 24011 -1536 540./853 -2541 SJITUAN I M. MOON REYNOLDS, MMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Roorn 456 Roanoke, Virginia 24011 -1536 '1'elephune: (14t))853-2541 Ena: (5411)M53-1145 F nmik Or. k(mrnnnnkre..gnr December 19, 2017 Andrew Cochran, General Registrar Roanoke City's Registrar Office 317 Kimball Avenue, N.E. Roanoke, Virginia 24016 James B. Alcorn, Esquire Virginia State Board of Elections Washington Building, First Floor 1100 Bank Street Richmond, Virginia 23219 CE.('RLIA E. MCCOY Deputy City ('Jerk CE(ELIA'I'. WI{RII, CM(' A�.viNnnt DePUty City Clerk John A. Brill, Secretary Roanoke City Electoral Board 2702 Idlewild Boulevard, N. E. Roanoke, Virginia 24012 Mark Vucci, Director Division of Legislative Services Pocahontas Building 900 E. Main Street, 8th Floor Richmond. VA 23219 Kelly Thomasson Secretary of the Commonwealth P. O. Box 1475 Richmond, Virginia 23218 Re: City of Roanoke, Virginia, Voter Precinct Realignment Dear Ms. Thomasson and Gentlemen: On December 18, 2017, Council of the City of Roanoke adopted an ordinance to implement a realignment of the current voter precincts of 21 local voter precincts and one central absentee voter precinct at the office of the General Registrar to 20 local voter precincts and one central absentee voter precinct at the office of the General Registrar. Adjustments were made to the boundaries of certain precincts adjacent to Precinct No. 18 in order to subsume former Precinct No. 18. In order to realign Voter Precinct No. 18, Virginia Heights - Norwich, changes were made to Voter Precinct No. 10, Old Southwest - Wasena, Voter Precinct No. 11, Raleigh Court, Voter Precinct No. 17, Lee -Hi, Voter Precinct No. 19, Summit Hills, Voter Precinct No. 20, Forest Park, and Voter Precinct No. 21, Eureka Park. Andrew Cochran John A. Brill James B. Alcorn Mark Vucci Kelly Thomasson December 19, 2017 Page 2 Pursuant to Virginia Code Section 24.2- 306(C), I am enclosing a certified copy of Ordinance No. 41027- 121817, including a description of the realigned boundaries and a map showing the boundaries of the realigned precincts. A copy of Ordinance No. 41027- 121817 realigning certain voter precincts in the City, including a description of the boundaries, and a map showing the boundaries of the realigned precincts has been recorded in the official minutes of the City of Roanoke. Please let me know if you have any questions or need any further information. Thank you for your consideration. Sincerely, u} M ' f Stephanie Moon Reynolds, City Clerk Enclosure Daniel J. Callaghan, City Attorney Rob Catron, Legislative Liaison for the City of Roanoke Sharon A. Lazar, Chair, Electoral Board Byron L. Hamlar, Vice- Chair, Electoral Board CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 ']U F7.: (5 (S4lp- 1145541 pxx: (5401 AS1 -1145 S FPJ IAN] L 6I. MOON RIANOLDS, MNIC 6 ?mail: derk(uaaanokeva ' eO° ('II(ELIAENIC(OV ('ilp (ICrk Deputy ('ll, Clci k January 2, 2018 (kCULIA r.Wrnn,11W A,,kW,l Wpal, Cif, (Ierk REVISED Municipal Code Corporation P. O. Box 2235 Tallahassee, Florida 32316 Ladies and Gentlemen: I am enclosing copy of Ordinance No. 41027 - 121817 amending and reordaining Section 10 -35, Voter Precinct No. 10, Old Southwest - Wasena Precinct — Boundaries; Section 10 -37, Voter Precinct No. 11, Raleigh Court Precinct — Boundaries; and Section 10 -49, Voter Precinct No. 17, Lee -Hi Precinct — Boundaries7 of Article ll, Election Districts: Voting Precincts and Places, Chapter 10, Elections, of the Code of the City of Roanoke (1979) as amended; repealing Section 10 -51, Voter Precinct No. 18, Virginia Heights Norwich Precinct — Boundaries; and Section 10 -52, Same - Polling Place: of Article Il, Election Districts: Voting Precincts and Places, Chapter 10, Elections, of the Code of the City of Roanoke (1979) as amended; amending and reordaining Section 10 -53, Voter Precinct No. 19 Summit Hills Precinct - - Boundaries; Section 10 -54, Same — Polling Place; Section 10 -55, Voter Precinct No. 20, Forest Park Precinct — Boundaries; Section 10 -56, Same — Polling Place; Section 10 -57, Voter Precinct No. 21, Eureka Park Precinct — Boundaries; Section 10 -58, Same — Polling Place; and Section 10 -59, Voter Precinct Mao; of Article II, Election Districts: Voting Precincts and Places, Chapter 10, Elections, of the Code of the City of Roanoke (1979) as amended. The abovementioned measure was adopted by the Council of the City of Roanoke at its regular meeting held on Monday, December 16 2017 not October 16, 2017; and is in full force and effect on and after December 31, 2017. Sincerely, n nn� C %`ldtsYO-�J Stephanie M. Moon Re old "'sUUU, MMC City Clerk Enclosure Municipal Code Corporation December 19, 2017 Page 2 PC: The Honorable Brenda S. Hamilton, Clerk of Circuit Court Rick Kahl, Clerk, General District Court Carolyn W. Robbins, Clerk, Juvenile and Domestic Relations District Court Stephen D. Poff, Chief Magistrate, Office of the Magistrate Joey Klein, Law Librarian Donald S. Caldwell, Commonwealth's Attorney Robert S. Cowell, Jr., City Manager Daniel J. Callaghan, City Attorney IN'[ 'I Ili COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of December, 2017. No. 41027- 121817. AN ORDINANCE amending and reordaining Section 10.35, Voter Precinct No. 10 Old Southwest- Wasena Precinct — Boundarie9; Section 10 -37, Voter Precinct No. I I Rujoigh Cowt Precinct— Boundaries; and Section 10 -49, Voter Precinct No. 17 Ec= -Hi PrecinerBoundaries. of Article 11, Election Districts Voting Precincts and Places, Chapter 10, Elections, of the Code Of the City of Roanoke (1979) as amended; repealing Section 10 -51, Voter Precinct No 18 Virginia Heights Norwich Precinct Boundaries; and Section 10 -52, Same -- polling Place; of Article 11, Election Districts; Voting Precincts and Places, Chapter 10, Elections, of the Code of the City of Roanoke (1979) as amended; amending and reordaining Section 10 -53, Voter Precinct No 19 Smnmit Hills Precinct — Boundaries; Section 10 -54, Same — Pollin place; Section 10 -55, Voter Precinct No 20 Forest Park Precinct— Boundaries; Section 10 -56, Same — Polling Place; Section 10 -57, Voter Precinct No. 21 Eureka Park Precinct — Boundaries; Section 10 -58, Same — polling Place; and Section 10 -59, Voter precinct Mme; of Article 11, Election Districts: Voting Precincts and Places, Chapter 10, Elections, of the Code of the City of Roanoke (1979) as amended; providing for an effective date; and dispensing with the second reading of this ordinance by title. WHEREAS, on November 16, 2015, by Ordinance No. 40401- 111615 the City of Roanoke established one election district, 21 voter Precincts and 21 polling places within the election district, and one central absentee voter precinct at the Noel C. Taylor Municipal Building; Kdl Ua,Code Amenda ... ,oioe, Realiyanent 2017 Revisions- Final p2. IS I7) &,e WfIFRkAS, on August 15, 2()16, by Ordinance Nu. 40612 -0sl SIG the City of Roanoke relocated the central absentee voter Precinct office to file Office of the General Registrar, 317 Kimball Avenue, N.E., Roanoke, Virginia; and WHEREAS, Council authorized tite scheduling of a Public hearing on Monday, December 18, 2017, to consider adoption of au ordinance to revise six existing voter precincts and to remove one voter Precinct within the election district. 'THEREFORE, BE 17' ORDAINED by the Council of the City of Roanoke as follows: I. Section 10 -35, Voter Precinct No 10 Old Southwest - Wasena Precinct — Boundaries' Section 10 -37, Voter Precinct No I I Raleigh Court Precinct — Boundaries; and Section 10 -49, Voter Precinct No 17 Lee -Hi Precinct — Boundaries; of Article If, Election Districts, Voting Precincts and Places, Chapter 10, Elections, of the Code of the City of Roanoke (1979), as amended, are her amended and rent darned to read and provide as follows: Article 11 - Election District Voter Precincts and Pulling Places *ax Sec. 10 -35. Voter Precinct No. 10 Old Southwest- Wasena Precinct - Boundaries. The boundaries of Voter Precinct No. 10, Old Southwest- Wasena Precinct, are as follows: Beginning at the intersection of Elm Avenue, S.W., and Fratilclin Road, S.W,; thence, South along the centerline of Franklin Road, S.W., to the Roy L. Webber Expressway; thence, South along the Roy L. Webber Expressway to Brandon Avenue, S.W.; thence, West along the centerline of Brandon Avenue, S.W., to Colonial Avenue, S.W.; thence, West along the centerline of Colonial Avenue, S.W., to 2P Street, S. W,; thence, North along the centerline of 23r° Street, S.W., to Brandon Avenue, S. W.; thence, West along the centerline of Brandon Avenue, S.W., to Canterbury Road, S.W.; thence, North along the centerline of Canterbury Road, S.W., to Windsor Avenue, S.W.; thence, West along the centerline of Windsor Avenue, S.W., to Winbome Street, S.W.; thence, North along the centerline of Winbome Street, S.W., to Bluemont Avenue, S.W.; thence, East along the centerline of Bluemont Avenue, S.W., to Denniston Avenue, S.W.; thence, north along the centerline of Denniston Avenue, S.W., to Memorial Avenue, S.W.; thence, EastWest along the centerline of Memorial Avenue, S.W., to Denniston Avenue, S.W.; thence West along the centerline of Demuston K'laua CodeAmenamcm PI I,mll Iteohpg o,n12017 Revisions- E.1(1218. 17) docn Avenue, S.W. to Anthers( Sfrccl, S.W.; thence North along the centerline of Amherst Strecf, S -W, to Cambridge Avenue, S.W.; thence West along the centerline of Cambridge Avcnuc, S. W„ to Mountain View'ferrace S. W,; if West along the centerline of Mountain View Terrace, S.W., to Bridge Street, S.W -; (hence North along the centerline of Bridge Street, S.W -, to the Roanokc River, thence, East along the Roanoke River to Main Street, S.W.; thence, North nlong the centerline of Main Strect, S.W„ to Elm Avenue, S.W.; thence, East I the centerline of Elm Avenue, S.W., to the point of beginning. x +* Scc. 10 -37. Voter Precinct No 11 Ralei h Court Precinct - Boundaries. The boundaries of Voter Precinct No. I I, Raleigh Court Precinct, are as follows: Beginning at the intersection of Brandon Avenue, S. W., and Colonial Avenue, S.W.; thence, East along the centerline ofBrandon Avenue, S.W., to Franklin Road, S.W -; thence, South along the centerline of Franklin Road, S.W, m the North -South line of the Norfolk Southern Railway Company; thence, South along the North -South line of the Norfolk Southem Railway Company to a point where it intersects with the Northeastern boundary of the Community College as extended; thence, North alo campus of Virginia Western Northeargiginni boundary of th ng the e campus of Virginia Western Community College to Colonial Avenue, S.W.; thence, West along the centerline of Colonial Avenue, S. Road, S.W.; thence, North along thcenterline ., to Overland e centere of Overla, rambleton Bramblemil Avenue, S.W.; thence, West al Overland ong the centerline of Road B S.W., to Avenue, S.W., to Montgomery Avenue, S.W.; thence, North along th of Montgomery Avenue, S.W., to Wood e centerline lawn Avenue, S. thence, North along the centerline of Woodlawn Avenue, S. W., to Oregon Avenue, S.W. along the centerline of Oregon Avenue, S. t venue, S.W.; thence, ; thence, East Wo Guilford A North along the centerline of Guilford Avenue, S.W., to Grandin Road, S.W.; thence, East along the centerline of Grandin to Brandon Avenue, Road, Road S S.W.; thence, West along the centerline of , .W ., Brandon Avenue, S.W., to Carter S. W.; thence, North along the centerline of Carter Road, S.W., to Sherwood Avenue, S.W.; thence, East along the centerline of Sherwood Avenue, S.W-, to Gh*l iin- tU�=�- e� ;,�R - eStestuld Street, o„e,gNixo- Rrteh ar#- along t,t_h{e along the centerline of Den o enniston Aveuuee Sthence Ease t nison Avenue, S.W., [o Memorial Avenue, S.W.; thence, East along the centerline of Memorial Avenue, S.W, to Denniston Avenue, S.W.; thence, South along the centerline of Denniston Avenue, S.W., to Bluemont Avenue, S.W.; thence, West along the centerline of Bluemont Avenue, S.W., to Winbome Street, S.W.; thence, South along the centerline of Winborne Street, S.W., to Windsor Avenue, S.W.; thence, East along the centerline of Windsor Avenue, S.W., to Canterbury Road, S.W.; thence, South along the centerline of Canterbury Road, S.W., to Brandon Avenue, S.W. thence, East along the centerline of Brandon Avenue, S. W , to 23`d Street, S.W -; thence, South along the centerline of 23'e Street, S.W., to Colonial Avenue, S.W.; thence, East along the centerline of Colonial Avenue, S. W, to the point of begW.; thence, K: I aum Cude Amendment Precinct Realigmnem 2017 Revfsfons - Final ( I2, 18 17).docx x�F See. 10 -49. Votci Precinct y 1 ce Hi Prcc'nct= Boundaries. The boundaries of Voter Precinct No. 17, Lee -Hi Precinct, are as follows. Beginning at the intersection ofl�airpe- {s�em�,V.nd- AridgeSht -3,W -, thene-Soutls -- along- NiotetNw -line- of= t3e19e- $treeirS:V�e�4ountnirrV -iew 4rcH* --W - Mountain View Terrace S.W., and 13 Strecl, S. W,; thence East along the centerline of Mountain View Terrace, S. W., to G`l�st�dd�- Cambridge Avenue, S.W.; thence, Souh - }fir _ verner}ine-OF," StreeE -S: W— fo-Merneria! -Anent thsns�- Wcsst- a]anbe�enterline -e€ center- t3f- -Bt+dc .-S W.� �-- Daciclr - �L+eei, &W - thence, $euth- along -the Avenue, S.W., to Amherst StrWS.Wf;the nlcgbStouth calongirtherrecuterl na lot Amherst Stroc(, S.W., to Denniston Avenue, S.W.; thence, West along the centerline of Denniston Avenue, S.W., to Chesterfield Street, S. W.; thence, South along the centerline of Chesterfield Street, S.W., to Sherwood Avenue, S.W.; thence, West along the centelinc of Sherwood Avenue, S.W., to Carter Road, SW.; thence, South along Tire centerline of Carter Road, S.W., to Brandon Avenue, S.W.; thence, West along the centerline of Blandon Avenue S.W., to York Road, S. W,; thence, South along the centerline of York Road, S.W., to Fairway Drive, S.W.; thence, West along the centerline of Fairway Drive, S.W., to Carlton Road, S. W.; thence, South along the centerline of Carlton Road, S.W., to Westhampton Avenue, S.W.; thence, West along the centerline of Westhampton Avenue, S.W., to Beverly Boulevard, S.W.; thence, South along the centerline of Beverly Boulevard, S.W., to Grandin Road, S.W.; thence, West along the centerline of Grandin Road, S.W., to Mud Lick Creek; thence , North along Mud Lick Creek to Brandon Avenue, S.W.; thence, West along the centerline of Brandon Avenue, S.W., to the City Limit Boundary ; thence, clockwise along the City Limit Boundary to the Roanoke River; thence, East along the Roanoke River to••�- ektel —.8, S.W S.W.; thence, South e- AvenaeBridge Street, along the centerline of Bridge Street, S.W., to the point of beginning. 1. Section 10 -51, Voter Precinct No 18 v Hei its Norwich Precinct - Boundaries; and Section 10 -52, Same - Polluter Place; of Article II, Election Districts Voti ng Procinet�aces Chapter 10, Elections, of the Code of the City of Roanoke (1979), as amended, are hereby REPEALED. KrlLaum Code /unenAmeu� Precinct R- 11Pmem 2017 Revisions - final (12.18.171, dog, s. 'eccfion 10 -53, Voler_Pivcinct No. IOSummit Hills Precinct - Boundal�cs Section 10 -54, Same Polhn place; Section 10 -55, Voter Precinct No 20 Purest Pwk Precutet Bounrl,ari cs; Scclion 10 -56, Sums - Pullin PI4�c; Section 10 -57, Voter Precinct Eureka Park Precinct _Boundaries; Section 1038, Same- PoIho Placc; and Section 10 -59, Voter ns, oft Maw; of Article 11, tilecfion Districts- voting Precincls� aces Chapter 10, Elections, of the Codc of the City of Roanoke (1979), as amended, arc hereby amended and reordained to read and provide as follows: Article If - Election District Voter Precincts acrd Pollin > Places Asa Sec. 103351. Vote' No -}918 Summit Hills Precinct— Boundaries. The boundaries of Voter follows: Precinct No. 4 -918, Summit Hills Precinct, are a: Beginning at a point on the City Limit Boundary that intersects Peters Creek; thence, South along Peters Creek to Peters Creek Road, N.W.; thence, South along the centerline of Peters Creek Road, N.W., to Shenandoah Avenue, N.W.; thence, 34rest -East along the centerline of Shenandoah Avenue, N.W., to Peters Creek; thence, South along Peters Creek to the Roanoke River; thence, West along the Roanoke River to the City Limit Boundary; thence, clue City Limit Boundary to the point of beginning. kwise along the Sec. 10 -3452. Same — Pollin Place. The polling place in Voter Precinct No. 41)18, Summft Hills Precinct, is hereby established at Edgewood Christian Church, located at 1006 Peck Street, N_ W. Sec. 103353. Voter Precinct 2019 Forest Park Precinct recinct — BOund�es The boundaries of Voter Precinct No. 2819, Forest Park Precinct, are as follows: Beginning at the intersection of Staunton Avenue, N.W., and 15'" Street, N.W.; thence, South along the centerline of 15`h Street, N.W, extended to its intersection with the East -West lice of the Norfolk Southern Railway Company; thence, West along the East -West line of the Norfolk Southern Railway Company to S1t "O„:•, G, L4L,... anrmatta- .lt :.... ,... K >lamm'Cle Ainenlmcvt Pma,¢t Reeligmneul 2017 Revisions - final (12.18.17) lacy 'Irnutland Avenue, N- W:; -ro Old - Stevens�Foaelr- NAy,{{tenr Nert4r -a {o the celnerlineof"(1Stevens- IFead; NNA4!�rrth Sa }ern -Car ike;- AJ:W;4hwtce; West . deng -N�eenlw'fiee -ef the Salenr Tn� o., L._a of ,>..._._ ---.- -. -�.. .a nar- rr.- rr.- ,yo- iv"arose venue.- NArJ.= thence asI along the {.cuterline­oW - a . Wlrus, Avea,,, J�l.afitjette- Bocdevaf;; W—te e, oalongAje entln13oulevariNJL e�if- Faa{yyeto eaware Avenue, -A' - tyense; Letts[- a4oxgthecfnter inee.t Delaware- Avvflm�J:W �- 2.t�'- f W. outfrttlo+tg�ho- center -tine 0l 4 "'- Skeet; -NAN o{- 'arif�{l��+ettue, ,45iS;- theme, asL- aloitg2l3e�en4erlineiif Carrell Avenue, -avRJ. Ln- ?8 °i�treet� - NAV­.a Point where it intersects Bridge Street, S-W„ as extended; thence, South along the centerline of Bridge Street, S.W., to the Roanoke River; thence, West along the Roanoke River to Peters i Ieck; "wore, West along Peters Creek 10 Shenandoah Avenue, N.W.; thence, West along the centerline of Shenandoah Avenue, N.W., to Peters Creek Road, N.W.; thence, North along the centerline of Peters Creek Road, N.W., to Melrose Avenue, N.W ; thence 22 "d , East along the centerline of Melrose Avenue N.W., to Street, N.W.; thence; South along the centcrline 01'22"" Street, N.W., to the Salem Tunl0ko, N.W.; thence East along the centcrline of the Salem Turnpike, N.W., to 20" Strcct, N. thence, South North along the centerline of 20" Street, N.W., to Staunton Avenue, N.W.; thence, East along the centerline of Staunton Avenue, N.W., to the point of beginning. Sec. 10 -5054, Same- Pollin Place. The polling place in Voter Precinct No. 5019, Forest Park Precinct, is hereby established at Forest Park Academy, located at 2730 Melrose Avenue, N.W. Sec. 10 -3755. Voter Precinct No 2420 Eureka Park Precinct - Boundaries. The boundaries of Voter Precinct No. 2 1-20 Eureka Park Precinct, are as follows: Beginning at tine intersection of 14th Street, N.W., and Syracuse Avenue, N.W.; thence, South along the centerline of 14th Street, N.W, to Rugby Boulevard, N.W.; thence, South along the centerline of Rugby Boulevard, N.W., to 13th Street, N.W.; thence, South along the centerline of 13th Street, N.W., to Hanover Avenue, N.W.; thence, West along the centerline of Hanover Avenue, N.W, to 15th Street, N.W.; thence, North along the centerline of 15th Street, N.W., to Staunton Avenue, N.W.; thence, West along the centerline of Staunton Avenue, N.W., to 20th Street, N.W.; thence, NeFth -South along the centerline of 20th Street, N.W., to Lk,- to-- Belaware- t\ve'tue, "- , -!.,�, •w,_ a�.._,. . ef-Bcltwire ,,,,a,�- Ad:VF. -te- th_centerliite -ef ,r„ n,,..� tie- Bouleratd- Al,W.; thence- Seutlt -along _` ,-N.'-,:-'., -the Salem Turnpike, N.W.; thence, West along tine centerline of file Salem Turnpike, N.W., to 22nd Street, N.W.; thence, North along the centerline of 22nd Street, N.W., to Melrose Avenue, N.W.; thence, West along the centerline of Melrose Avenue, N.W., to Westside Boulevard, N.W.; thence, North along the centerline of Westside Boulevard, N.W, to Hershberger Road, N.W.; thence, East along the centerline of K %Uum'Code Mle"d"snPPreel"OI R,alfgnmen139 ] Revisions - Fin "1 pa 18.17).d sc I fershborger Road, N.W., to Cuve Rood, N.W.; thence, South ;dung the centerline Of Cove Road, N.W., to Andrews Road, N.W.; (hence, Bast along the centerline of Andrews Road, N.W., to (6th Street, N.W.; thence, South along the cemerline of 16th Street, N.W., to Syracuse AVCaUc, N.W.; thence, Eas( along the ccntorlinc of Syracuse Avenue, N.W., to the Point of beginning. See. 10 -5856. S_mc_. PollingPlacc. The polling place in Voter Precinct No. 2120, li 19th Street, N.W. urcka Park Precinct, is hereby established at Roanoke Academy fill Mathematics and Science, located at 1616 Sec. 10 -5957. Voter Precinct Map. The city has filed Engineering Plan #6754 with the registrar, the city clerk, and the city engineer, which engineering plan details the Voter Precincts created and described in this Chapter. Reference should be made to the Voter Precinct Map set forth in Engineering Plan #6754 to further clarity ally bowrdary of any Voter Precinct created in this chapter. ## 4. A copy of this Ordinance and the Voter Precinct Map shall be recorded in the official minutes of City Council. The City Clerk and the City Manager are authorized to take all actions necessary to comply with all applicable requirements of state code, including, without limitations, Section 24.2- 306(C), Code of Virginia (1950) as amended. 5. This Ordinance shall be in full force and effect oil and after December 31, 2017. 6. Pursuant to Section 12 of the Roanoke City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: n City Clerk. KaL,o, Code Aoedmem P1e11WR- 119nwt 2017 aevlllon'- Prnal (1218. I'/yd.cx yo4 CITY OF ROANOKE OFFICE OF THE CITY ATTORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW r'+aoiNtw ROANOKE, VIRGINIA 24011 -1595 Daniel J. Callaghan THLEPHONE 540.853 -2431 City Attorney FAX 540- 853.1221 EMAIL: cityatryC>roanokeva.gov December 18, 2017 The Honorable Mayor and Members of City Council Roanoke, Virginia Timothy R. Spencer Steven J. Talevi David L. Collins Heather P. Ferguson Laura M. Carini Assistant City Attorneys Re: Public Hearing for Proposed Ordinance to Realign Certain Voter Precincts Dear Mayor Lea and Members of Council: This report is for the public hearing to consider a realignment of certain Voter Precincts within the City. Back rg ound In 2015, after receipt of a report from a task force created to review voter precincts within the City, City staff worked with Council Member Bestpiteh to develop a precinct realignment plan with the primary objective of creating voter precincts with active voters more evenly distributed within the precincts. The task force had recommended reducing the number of voter precincts from one (1) central absentee voter precinct and 32 local voter precincts to one (1) central absentee voter precinct and 20 local voter precincts. After further review, the City Attorney, the Registrar, members of the Electoral Board, and City staff within the Department of Technology developed an ordinance to establish one (1) central absentee voter precinct and 21 local voter precincts. In November 2015, City Council adopted Ordinance No. 40401 - 111615 to establish 21 local voter precincts, designate a polling place within each precinct, and maintain one (1) central absentee voter precinct at the office of the General Registrar. Subsequent to the establishment of the 21 voter precincts and after the March 2016 elections, Vice Mayor Price, Council Member Bestpiteh, and the Registrar noted some concerns with Voter Precinct No. 18, Virginia Heights- Norwich. Due to the geography of the area, Precinct No. 18 is split by the Roanoke River and the Norfolk Southern Railway lines, and these conditions may create difficulties for voters who must travel from the north side of Precinct No. 18 to the polling place in the southernmost part of Precinct No. 18. In addition, the GRTC bus routes do not provide voters within Precinct No. 18 with the ability to easily travel to the polling place. In order to alleviate these issues, the City Attorney, the Registrar, and City staff within the Department of Technology developed a proposed realignment of the current voter precincts that will reduce the number of local voter precincts to 20 by adjusting the boundaries of certain precincts adjacent to Precinct No. 18 to subsume former Precinct No. 18. In order to realign Voter Precinct No. 18, Virginia Heights- Norwich, changes are proposed to Voter Precinct No. 10, Old Southwest - Wasena, Voter Precinct No. 11, Raleigh Court, Voter Precinct No. 17, Lee -Hi, Voter Precinct No. 19, Summit Hills, Voter Precinct No. 20, Forest Park, and Voter Precinct No. 21, Eureka Park. City Council authorized City administration to prepare the proposed realignment for a public hearing as required by State Code. The public hearing was set for December 18, 2017, at 7:00 p.m., or as soon thereafter as the matter can be reached. Notice of this public hearing was advertised for two consecutive weeks in The Roanoke Times. Copies of the proposed ordinance and the proposed precinct map were made available to the public at the City Clerk's office. Recommended Action Conduct the public hearing set for December 18, 2017, at 7:00 pan., to receive comments and input from the public on proposed revisions to voter precincts. At the conclusion of the public hearing, close the public hearing and consider adoption of the attached proposed ordinance to implement the proposed realignment of the current voter precincts of 21 local voter precincts and one central absentee voter precinct at the office of the General Registrar to 20 local voter precincts and one central absentee voter precinct at the office of the General Registrar. Thank you for your consideration Sincerely, (/ i Daniel J. 6 11aghan City Attorney c: Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Sherman M. Stovall, Assistant City Manager for Operations Amelia C. Merchant, Director of Finance Andrew Cochran, General Registrar Kennie Harris, GIS Analyst II Laura M. Carini, Assistant City Attorney The Roanoke Times Roanoke, Virginia Affidavit of Publication CITY OF ROANOKE OFFICE OF VOTER REGISTRATION STEPHANIE M. MOON REYNOLDS. ROANOKE CITY CLERK 215 CHURCH AVENUE, S W ROOM 456 ROANOKE, VA 24011 Account Number 6045834 Date December 11, 2017 Date Category Description Ad Size Total Cost 12/11/2017 Any- Virginia BOA NOTICE OF PUBLIC HEARING- VOTER PRECINCTS 3 x 7.00 IN 1,94,L86 Publisher of the Roanoke Times I, (the undersigned) an authorized representative of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice NOTICE OF PUBLIC HEARING was published in said newspapers on the following dates: 12/04. 12/11/2017 The First insertion being given ... 121042017 Newspaper reference: 0000658673 Billing Representative Sworn to and subscribed before me this Monday, December 11, 2017 v r,ui,r -,rr N tary Publ �P; •'NOT-,' �p State of Virginia ; ti : PUSLIC City /County of Roanoke 7 * FtcG. My p �cti3/, 2017 :. nnDxi,-Li as M Commission ex ireS� - �,'. k"Mil I ? = THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU CITY OF ROANOKE, VIRGINA NOTICE OF PUBLIC HEARING FOR THE ADOPTION OF AN ORDINANCE TO REALIGN CERTAIN VOTER PRECINCT BOUNDARIES AND TO REDUCE THE NUMBER OF VOTER PRECINCTS IN THE CITY OF ROANOKE, VIRGINIA The Council of the City of Roanoke will hold a public hearing on Monday, December 18, 2017, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber, Room 450, in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, to consider adopting an ordinance realigning the boundaries of voter precincts and reducing the number of voter precincts within the City, as authorized by the provisions of §24.2 -306, Code of Virginia (1950), as amended. The proposed ordinance will reduce the number of voter precincts within the City of Roanoke, Virginia from (a) 21 voter precincts and one central absentee voter precinct located at the office of the General Registrar, 317 Kimball Avenue, N.E., Roanoke, Virginia to (b) 20 voter precincts and one central absentee voter precinct located at the office of the General Registrar, 317 Kimball Avenue, N.E., Roanoke, Virginia, effective December 31, 2017. The proposed ordinance will amend and reordain Article II, Election Districts: Voting Precincts and Places, Chapter 10, Elections, Code of the City of Roanoke (1979), as amended, to revise the boundaries of six existing voter precincts. The proposed ordinance will also repeal two sections of Article II, Election Districts: Voting Precincts and Places, Chapter 10, Elections. Code•of the City of Roanoke (1979), as amended, to remove Voter Precinct 18, Virginia Heights Norwich Precinct, from the election district. Copies of (i) the proposed ordinance; and (ii) the map showing the boundaries of the realigned precincts are available for review in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, on and after Monday, December 4, 2017. All parties and interested persons may appear on the above date and be heard on this matter. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office at (540) 853 -2541, before noon on Thursday, December 14, 2017. GIVEN under my hand this 4th day of December, 2017. Stephanie M. Moon Reynolds, MMC City Clerk. r, CITY OF ROANOKE, VIRGINA NOTICE OF PUBLIC HEARING FOR THE ADOPTION OF AN ORDINANCE TO REALIGN CERTAIN VOTER PRECINCT BOUNDARIES AND TO REDUCE THE NUMBER OF VOTER PRECINCTS IN THE CITY OF ROANOKE, VIRGINIA The Council of the City of Roanoke will hold a public hearing on Monday, December 18, 2017, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber, Room 450, in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, to consider adopting an ordinance realigning the boundaries of voter precincts and reducing the number of voter precincts within the City, as authorized by the provisions of §24.2- 306, Code of Virginia (1950), as amended. The proposed ordinance will reduce the number of voter precincts within the City of Roanoke, Virginia from (a) 21 voter precincts and 1 central absentee voter precinct located at the office of the General Registrar, 317 Kimball Avenue, N.E., Roanoke, Virginia to (b) 20 voter precincts and 1 central absentee voter precinct located at the office of the General Registrar, 317 Kimball Avenue, N.E., Roanoke, Virginia, effective December 31, 2017. The proposed ordinance will amend and reordain Article 11, Election Districts; Voting Precincts and Places, Chapter 10, Elections, Code of the City of Roanoke (1979), as amended, to revise the boundaries of six existing voter precincts. The proposed ordinance will also repeal two sections of Article II, Election Districts Voting Precincts and Places, Chapter 10, Elections Code of the City of Roanoke (1979), as amended, to remove Voter Precinct 18, Virginia Heights Norwich Precinct, from the election district. Copies of (i) the proposed ordinance; and (ii) the map showing the boundaries of the realigned precincts are available for review in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, on and after Monday, December 4, 2017. All parties and interested persons may appear on the above date and be heard on this matter. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office at (540) 853 -2541, before noon on Thursday, December 14, 2017. GIVEN under my hand this 4th day of December, 2017. Stephanie M. Moon Reynolds, MMC City Clerk. Note to Publisher Please publish in block form twice in The Roanoke Times, Virginia Section, on Monday, December 4, 2017, and on Monday, December 11, 2017. Please send affidavit of publication to: Stephanie M. Moon Reynolds, City Clerk City Clerk's Office Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 456 Roanoke, VA 24011 (540) 853 -2541 Please send bill to J. Andrew Cochran, Registrar City of Roanoke 317 Kimball Avenue, N.E. Roanoke, VA 24016 (540) 853 -2281